DI C TI O N A RY
OF
GREEK AND ROMAN ANTIQUITIES.








D I C T I 0 X A R Y
OF
GREEK AND ROMAN ANTIQUITIESo
E DITE D  t Y
WILLIAM   SMITH, f LL1).D
EDITOR OF TIlE "DICION'ARY OF GREEK AND ROMAN BTOGRAPHY AND MYTRIOLT(OIGY'
IMPROVED AND FNLAXIRGED,
BOSTON:
LITTLE, BROWN, AND COMPANY.
1870.








LIST OF WRITERS.
INiTIALS.                   NAWIES..A. A.      ALEXANDER ALLEN, Ph. D.
W. F. D.    WILIAAM FISHBURN DONKIN, M. A.
Fellow of University College, Oxford.
W. A. G.   WILLIAMI ALEXANDER GREENHILL, M.D.
Trinity College, Oxford.
B. J.       BENJAMIN JOWETT, M]-,A.
Fellow of Baliol College, Oxford.
C. R. K.    CHARLES RANN KENNEDY, M. A.
Late Fellow of Trinity College, Cambridge.
T. H1. K.    THOMAS HEWITT KEY, M.A.
Professor of Comparative Grammar in University College, London.
H. G. L.    HENRY GEORGE LIDDELL, M.A.
Head Master of WTestminster School.
G. L.       GEORGE LONG, M. A.
Late Fellow of Trinity College, Cambridge.
C. P. M.    CHARLES PETER MASON, B.A.
Fellow of University College, London.
J. S. M.    JOHN SMIITH MANSFIELD, M.A.
Fellow of Trinity College, Cambridge.
W. R.       WILLIAM RAMSAY, M. A.
Professor of Humanity in the University of Glasgow.
A. R.       ANTHONY RICH, Jun. B. A.
Late of Caius College, Cambridge.
L. S.       LEONHARD SCHMITZ, Ph.D., F.R.S.E.
Rector of the High School of Edinburgh.
1P. S.      PHILIP SMITH, B. A.
Of the University of London.
R. W.       ROBERT WHISTON, MIa A.
Fellow of Trinity College, Cambridge.
R. N. W.   RALPH NICHOLSON WORBNUM, Esq.
J. Y.       JAMES YATES, M. A., F. R. S.
JThe Articles which have no initials attached to them are written by the Editor.








PREFACE
THE SECOND EDITION.
IT was inevitable that many defects should be found in the first Edition of a
work like the Dictionary of Greek and Roman Antiquities, embracing a great
variety of subjects, written by different persons, and published periodically.
Of these no one was more fully aware than the Editor; and accordingly,
when the sale of a very large impression rendered the preparation of a second
Edition necessary, he resolved to spare no pains and exertions to render the
work still more worthy of the approbation with which it had been already
received. The following will be found to be the principal improvements in
the present Edition.
1. Many of the most important articles are rewritten.  This is especially
the case in the earlier portion of the work, since it was originally intended to
complete it in a much smaller compass than was afterwards found advisable;
and accordingly many subjects in the earlier letters of the alphabet were treated
in the first Edition with a brevity which prevented the writers from giving a
full and satisfactory explanation of several important points.
2. Many subjects which were entirely omitted in the first Edition are here
supplied. Any one who has had experience in the arrangement of a work in
alphabetical order will not be surprised that there should be many omissions
in the first Edition of such a work.  Some idea may be formed of the extensive additions made to the work, when it is stated that, including the articles
which have been rewritten, the present Edition contains upwards of three
hundred pages of entirely new matter.
3. Those articles which have not been rewritten have been carefully revised,
and in many of them errors have been corrected, extraneous matter omitted,
and much additional information given. In this part of his labours the Editor
has received the most valuable assistance from Mr. George Long, Dr. Schmitz,
and Mr. Philip Smith.
4. Additional illustrations have been given by means of new  woodcuts,
wherever the subjects appeared to requilre them. Many of these new wood



Vii1            PREFACE TO THE SECOND EDITION.
cuts are of considerable importance, as the reader may see by referring to
the articles AmphitKeatrum, Aquaeductus, Columna, Templum, and many
others.
5. An alteration has been made in the arrangement of the work, which will
tend to facilitate its use. In the former Edition there was some inconsistency
in the use of Greek, Latin, and English words for the names of articles. In
the present Edition the Latin language has been always employed for the
heading of the articles, except in those subjects connected with Greek Antiquities where no corresponding words existed in Latin; as, for instance, in legal
terms, and in the names of magistrates. In these cases the Greek language has
been necessarily employed; but, in compliance with a wish expressed by many
persons, the Greek words are given in Latin letters, with the Greek characters
subjoined.
In conclusion, the Editor has to express his regret that he is unable in any
way to make the additions and alterations in the present Edition available to
the purchasers of the former one. He had at one time thought of' publishing
them in a separate form; but he found, as the work proceeded, that this was quite
impossible, on account of their great number and length. In fact, the present
Edition mlust be regarded, to a considerable extent, as a new work.'WILLIAM  SMITH.
London, August 1st, 1848.




PREFACE
To
THE FIRST EDITION.
THE study of Greek and Roman Antiquities has, in common with all other
philological studies, made great progress in Europe within the last fifty years.
The earlier writers on the subject, whose works are contained in the collections
of Gronovius and Groevius, display little historical criticism, and give no comprehensive view or living idea of the public and private life of the ancients.
They were contented, for the most part, with merely collecting facts, and arranging them in some systematic form, and seemed not to have felt the want of any
thing more: they wrote about antiquity as if the people had never existed;
they did not attempt to realise to their own minds, or to represent to those of
others, the living spirit of Greek and Roman civilisation. But by the labours
of modern scholars life has been breathed into the study: men are no longer
satisfied with isolated facts on separate departments of the subject, but endea?
your to form some conception of antiquity as an organic whole, and to trace
the relation of one part to another.
There is scarcely a single subject included under the general name of Greek
and Roman Antiquities, which has not received elucidation from the writings
of the modern scholars of Germany. The history and political relations of the
nations of antiquity have been placed in an entirely different light since the
publication of Niebuhr's Roman History, which gave a new impulse to the
study, and has been succeeded by the works of Bdckh, K. 0. MiUller, Wachsmluth, K. F. Hiermann, and other distinguished scholars. The study of the
Roman law, which has been unaccountably neglected in this country, has been
prosecuted with extraordinary success by the great jurists of Germany, among
whom Savigny stands preeminent, and claims our profoundest admiration.
The subject of Attic law, though in a scientific point of view one of much
less interest and importance than the Roman law, but without a competent
knowledge of which it is impossible to understand the Greek orators, has also
received much elucidation from the writings of Meier, Schamann, Bunsen,
Platner, JHudtwalcker, and others. Nor has the private life of the ancients
been neglected.  The discovery of Herculaneum and Pompeii has supplied
a




X                PREFACE'TO THE FIRST EDITION.
us with important information on the subject, which has also been discussed with ability by several modern writers, among whom W. A. Becker, of
Leipzig, deserves to be particularly mentioned. The study of ancient art likewise, to which our scholars have paid little attention, has been diligently cull
tivated in Germany from the time of Winckelmann and Lessing, who founded
the modern school of criticism in art, to which we are indebted for so many
valuable works.
While, however, so much has been done in every department of the subject,
no attempt has hitherto been made, either in Germany or in this country, to
make the results of modern researches available for the purposes of instruction,
by giving them in a single work, adapted for the use of students. At present,
correct information on many matters of antiquity can only be obtained by
consulting a large number of costly works, which few students can have access
to. It was therefore thought that a work on Greek and Roman Antiquities,
which should be founded on a careful examination of the original sources, with
such aids as could be derived from the best modern writers, and which should
bring up the subject, so to speak, to the present state of philological learning,
would form a useful acquisition to all persons engaged in the study of antiquity.
It was supposed that this work might fall into the hands of two different classes
of readers, and it was therefore considered proper to provide for the probable
wants of each, as far as was possible. It has been intended not only for schools,
but also for the use of students at universities, and of other persons, who may
wish to obtain more extensive information on the subject than an elementary
work can supply. Accordingly numerous references have been given, not only
to the classical authors, but also to the best modern writers, which will point
out the sources of information on each subject, and enable the reader to extend
his inquiries further if he wishes. At the same time it must be observed,
that it has been impossible to give at the end of each article the whole of the
literature which belongs to it. Such a list of works as a full account of
the literature would require, would have swelled the work much beyond the
limits of a single volume, and it has therefore only been possible to refer to the
principal modern authorities. This has been more particularly the case with
such articles as treat of the Roman constitution and law, on which the modern
writers are almost innumerable.
A work like the present might have been arranged either in a systematic or
an alphabetical form. Each plan has its advantages and disadvantages, but many
reasons induced the Editor to adopt the latter. Besides the obvious advantage
of an alphabetical arrangement in a work of reference like the present, it
enabled the Editor to avail himself of the assistance of several scholars who had
made certain departments of antiquity their particular study. It is quite impossible that a work which comprehends all the subjects included under Greek
and Roman Antiquities can be written satisfactorily by any one individual. As
it was therefore absolutely necessary to divide the labour, no other arrangement
offered so many facilities for the purpose as that which has been adopted; in
addition to which, the form of a Dictionary has the additional advantage of
enabling the writer to give a complete account of a subject under one head,
which cannot so well be done in a systematic work. An example will illustrate
what is meant. A history of the patrician and plebeian orders at Rome can




PREFACE TO THE FIRST EDITION. 
only be gained from a systematic work by putting together the statements contained in many different parts of the work, while, in a Dictionary, a connected
view of their history is given from the earliest to the latest times under the
respective words. The same remark will apply to numerous other subjects.
Some subjects have been included in the present work Which have not usually
been treated of in works on Greek and Roman Antiquities. These subjects
have been inserted on account of the important influence which they exercised
upon the public and private life of the ancients. Thus, considerable space has
been given to the articles on Painting and Statuary, and also to those on the
different departments of the Drama. There may seem to be some inconsistency
and apparent capriciousness in the admission and rejection of subjects, but it is
very difficult to determine at what point to stop in a work of this kind. A
Dictionary of Greek and Roman Antiquities, if understood in its most extensive
signification, would comprehend an account of every thing relating to antiquity.
In its narrower sense, however, the term is confined to an account of the public
and private life of the Greeks and Romans, and it is convenient to adhere to
this signification of the word, however arbitrary it may be. For this reason
several articles have been inserted in the work which some persons may regard
as out of place, and others have been omitted which have sometimes been improperly included in writings on Greek and Roman Antiquities. Neither the
names of persons and divinities, nor those of places, have been inserted in the
present work, as the former will be treated of in the " Dictionary of Greek and
Roman Biography and Mythology," and the latter in the " Dictionary of Greek
and Roman Geography."
The subjects of the woodcuts have been chosen by the writers of the articles
which they illustrate, and the drawings have been made under their superintendence.  Many of these have been taken from originals in the British Museum,
and others from the different works which contain representations of works of
ancient art, as the Museo Borbonico, Museo Capitolino, Millin's Peintures de
Vases Antiques, Tischbein's and D'Hancarville's engravings from Sir William
Hamilton's Vases, and other similar works. Hitherto little use has been made in
this country of existing works of art, for the purpose of illustrating antiquity. In
many cases, however, the representation of an object gives a far better idea of
the purposes for which it was intended, and the way in which it was used, than
any explanation in words only can convey. Besides which. some acquaintance
with the remains of ancient art is almost essential to a proper perception of the
spirit of antiquity, and would tend to refine and elevate the taste, and lead to a
just appreciation of works of art in general.
M r. George Long, who has contributed to this work the articles relating to
Roman Law, has sent the Editor the following remarks, which he wishes to
make respecting the articles he has written, and which are accordingly subjoined
in his own words.
"The writer of the articles marked with the letters G. L. considers some
4 "apology necessary in respect of what he has contributed to this work. He has
" never had the advantage of attending a course of lectures on Roman Law, and
" he has written these articles in the midst of numerous engagements, which left
" The woodcuts have been executed by Mr. John Jackson.




X11              PREFACE TO TIIE FIRST EDITION.
"little time for other labour.  The want of proper materials also was often felt,
"and it would have been sufficient to prevent the writer from venturing on
"such an undertaking, if he had not. been able to avail himself of the library
"of his friend, Mr. William Wright, of Lincoln's Inn.  These circumstances
"will, perhaps, be some excuse for the errors and imperfections which will be
"apparent enough to those who are competent judges. It is only those who
"have formed an adequate conception of the extent and variety of the matter
"of law in general, and of the Roman Law in particular, who can estimate the
"difficulty of writing on such a subject in England, and they will allow to him
"who has attempted it a just measure of indulgence. The writer claims such' indulgence from those living writers of whose labours he has availed himself,
"if any of these articles should ever fall in their way. It will be apparent
"that these articles have been written mainly with the view of illustrating
"the classical writers; and that a consideration of the persons for whose use
"they are intended, and the present state of knowledge of the Roman Law in
"this country, have been sufficient reasons for the omission of many important
" matters which would have been useless to most readers and sometimes unin"telligible.
"Though few modern writers have been used, compared with the whole
"number who might have been used, they are not absolutely few, and many of
"them to- Englishmen are new. Many of them also are the best, and among
" the best, of the kind. The difficulty of writing these articles was increased by
"the want of books in the English language; for, though we have many writers
" on various departments of the Roman Law, of whom two or three have been
"referred to, they have been seldom used, and with very little profit."
It would be improper to close these remarks without stating the obligations
this work is under to Mr. Long. It was chiefly through his advice and encouragement that the Editor was induced to undertake it, and during its
progress he has always been ready to give his counsel whenever it was
needed. It is therefore as much a matter of duty as it is of pleasure, to make
this public acknowledgment to him.
WILLIAM  SMITH.
London, April 2nd, 1842.




A
DICTIO.NA RY
o0
GREEK AND ROMAN ANTIQUITIES.
ABACUS.                                         ABACUS.
AB'ACUS (t{ia~) denoted primarily a square I&Ciovr,?Ip' o'V'VqJovot'v, "the abacus on which
tablet of any material; and was hence applied in  they calculate," i. e. reckon by the use of stones
the following significations: —                  (4poL, calcluli). (Comp. Pol. v. 26.)  The figure
1. In Architecture it denoted the flat square  following represents the probable form and appearstone, which constituted the highest member of a  ance of such an abacus.  The reader will observe,
column, being placed immediately under the archi- that stone after stone might be put into the righttrave.  The annexed figure is drawn from that in  hand partition until they amounted to 10, when it
the British Museum, which was taken from the  would be necessary to take them all out as repreParthenon at Athens, and is a perfect specimen of sented in the figure, and instead of them to put
the capital of a Doric column.                   one stone into the next partition.  The stones in
this division might in like manner amount to 10,
thus representing 10 x 10= 100, when it would be
/     til necessary to take out the 10, and instead of them
(e..- S  to put one stone into the third partition, and so on.
]  i    tifW  On this principle the stones in the abacus, as delineated in the figure, would be equivalent to
a,//// S o   39,310.
Xi  I i ~     ~
In the more ornamented orders of architecture,                      o  
such as the Corinlthian, the sides of the abacus   I 
were curved inwards, and a rose or some other  I
decoration was frequently placed in the middle of I           I 
each side; but the name   Abacus  was given to the
stone thus diversified and enriched, as well as in  1
its original form.   (Vitruv. iii. 3f iv. 1. ~ 7.)
2. A painted panel, coffer, or square compart-"
ment in the wall or ceiling of a chamber.  (Plin.
H. N. xxxiii. 56, xxxv. 1, 13; Vitruv. vii. 3.   5. A board adapted for playing with dice or
~ 10; Letronne, Peintur. azzr.  p.476.)          counters, resembling a draught-board or back3. A wooden tray, used for a variety of pur- gammon-board.   (Caryst. ap. Atli. x. p. 435, d;
poses in domestic economy. It was, for instance, Suet. Ner. 22; Macrob. Sat. i. 5.) The Greeks had
the name given to the 7malctram (,udKfpa), or tray for a tradition ascribing this contrivance to Palamedes,
kneading dough. (Cratin. Fr ag. p. 27, ed. Runkel; hence they called it " the abacus of Palamedes."
Pollux, vi. 90, x. 105; Cato, R. R. d10; Hesych.  (Tob Iaxai8erov a dilcop, Eustath. in Od. i. 107.)
s. v. aKTipa; Schol. in Trueocr. iv. 61.)       [LATRUNCULI.]
4. A board, covered with sand or dust, used by    6. A table or sideboard, chiefly used for the
mathematicians for drawing diagrams (Eustath. i( n  display (exponere) of gold and silver cups.  The
Od. i. 107), and  by arithmeticians for the purposes tops of such tables were sometimes made of silver,
of calculation. (Pers, Sat. i. 131.)   For the latter but more usually of marble, and appear in some
purpose perpendicular lines- or channels seem to  cases to have had numerous cells or partitions behave been drawn in the sand upn    the board; but neath, in which the plate was likewise placed.  The
sometimes the board had perpendicular wooden di- use of abaci was first introduced at Rome from Asia
visions, the space on the right hand being intended  Minor after the victories of Cn. Manlius Vulso,
fir units, the  next  space for tens, the next for B. c. 187, and their introduction  was regarded as
hundreds, and so on.  Thus was constructed the  one of the marks of the growing luxury of the age.




2                 ABORTIO.                                      ACCEPTILATIO.
(Cic. Veerr. iv. 16, Tuse. v. 21; Liv. xxxix. 6; rially diminished the population of Rome. But this
Plin. H.. xxxvii. 6; Petron. 73; Sid. Apoll. xvii. general assertion is not sufficiently proved.  The
7, 8.)  These abaci are sometimes called mensae practice of abortion appears not to have been viewed
Delpicae.  (Cic. Verr. iv. 59; Mart. xii. 67; in the same light by the Greeks and Romans as
Becker, Gallus, vol. i. p. 140.)                 by the Christian nations of modern times.  Aris7. A part of the theatre on or near the stage.   totle in his Politik (vii. 14), recommends it on the
8. The diminutive ABACULUS (~a'eCaKcoL' s) de- condition that the child has not yet got sensation
noted a tile of marble, glass, or any other substance  and life, as he expresses it.  In Plato's Republic
used for making ornamental pavements. They were  (v. p. 25), it is also permitted.  At Athens, a perof various colours.  (Plin. MT. N'. xxxvi. 67; Mos-son who had caused the abortion of a child by
chion, ap. Ath. v. 207, d.)          [J. Y.]    means of a potion (aiCAXceOpishov), was liable to an
ABACTUS VENTER.  [AsoRTIo.]                    action (&1XtcosoeEos ypaqw)e), but we do not know
ABALIENA/TIO.  [MANCIPIUM.]                    what was the penalty in case of conviction: it was
ABDICA'TIO.  [MAGISTRATUS.]                    certainly not death.  There was a speech of Lysias
ABOLLA, the Latin form  of a&oXJAAe, i. e. on this subject, which is lost. (Frag. p.18. ed.
&avaoAX, a loose woollen cloak.  Nonius quotes a  Reiske.)                             [G. L.]
passage of Varro to show that it was a garment   ABROGAITIO.  [LEx.]
worn by soldiers (vestis militaris), and thus op-    ABSOLU'TIO.  [JUDEX.]
posed to the toga.  Its form  and the mode of    ABSTINENDI BENEFI'CIUM. [HriEts.]
wearing it are seen in the figures annexed, taken    ABU'SUS.  [Usus FRvCTUS.]
from the bas-reliefs on the triumphal arch of Sep-    ACAENA  ('AKair/n, &SKaia, or in later Greek
timins Severus at Rome.                          iKEYain one place &icaisov) is a very ancient Greek
word, for it is said to have been derived from the
Thessalians or from the Pelasgians.  It seems originally to have meant a pointed stick: thus it was
applied both to a goad and to a shepherd's stff.
Afterwards it came (like our pole and perch, and
the German stanse) to mean a measuring rod of the
length of ten Greek feet, or, according to Hesychius,
92 7r XELS, which is the same thing. It was used
in measuring land, and thus it resembles the Roman decempeda.  It is doubtful whether there
was a corresponding square measure.  (Schol. in
I  Apoll. Rhod. iii. 1326; Suid. s. v.; Hesych. s. v.;
Schow, Hesych. Restit. p. 648; Olympiodor. ad
Aristot. 11feteorolog. p. 25; Heron. ap. Salmnas. ad.
Solzs. p. 481; Wurm, de Pond. p. 93.) Compare
ACNA.                                 [P. S.]
ACA'TIUM. [NAvIs.]
ACCENSI.  1. Public officers who attended on
several of the Roman magistrates.  They  summoned the people to the assemblies, and those who
had lawsuits to court; they preserved order in the
assemblies and the courts, and proclaimed the time
of the day when it was the third hour, the sixth
It was, however, not confined to military occa- hour, and the ninth hour.  An accensus anciently
sions, but was also worn in the city.  (Suet. Cal. preceded the consul who had not the fasces, and
35.)  It was especially used by the Stoic philoso- lictors without fasces walked behind him, which
phers at Rome as the pallium philosophicum, just as custom after being disused was restored by Julius
the Greek philosophers were accustomed to dis- Caesar in his firstconsulship.  (Varr. L. L. vii. 58,
tinguish themselves by a particular dress.  (Juv. ed. Muller; Plin. H. N. vii. 60; Suet. Jul. 20;
iv. 75; Mart. iv. 53, viii. 48,)  Hence the expres- Livo iii. 33.) Accensi also attended on the governors
sion of Juvenal (iv. 75) facinus meajoris abollae  of provinces (Cic. ad Fratr. i. 1. ~ 4), and were
merely signifies, " a crime committed by a very  commonly freedmen of the magistrate on whom they
deep philosopher." (Heinrich, ad Juv. L. c,; Becker, attended.
Gallus, vol. ii. p. 99.)                           2. A body of reserve troops, who followed the
ABO'RTIO.  This word and the cognate word  Roman army without having any military duties to
abortivus, aboritesj were applied to a child pre- perform, and who were taken one by one to supply
maturely born, whence it appears that they were  any vacaneies that might occur in the legions.
also applied to signify a premature birth brought They were according to the census of Servius
about designedly.  The phrase abactus venter in  Tullius taken from the fifth class of citizens. They
Paulus (Sent. Recep. iv. 9) simply means a pre- were placed in battle in the rear of the army, bemature birth.  That abortion in the secondary sense  1hind the triarii, and seem to have acted sometimes
of the word was practised among the Romans%  as orderlies to the officers. They were also called
appears from various passages and from there being  Adscripticii and in later times Supernumerarii.
an enactment against it.  (Dig. 48. tit. 19. s. 38.)  (Fest. s. V. Accensi, Adscripticii; Liv. i. 43, viii.
It is not stated at what time a penalty against pro- 8, 10; Veget. ii. 19; Niebuhr, Rom. Tlist. vol. i.
curing abortion was established.  It is maintained  p. 449, &c.)
by some modern writers that the practice of abor-    ACCEPTILA'TIO is defined to be a release by
tion became so common among the Romans, that mutual interrogation between debtor and creditor,
combined with celibacy and other causes it mate- by which each party is exonerated from the same




ACCESSIO.                                         ACERRA.                     3
contract.  In other words acceptilatio is the form  land and attached to the land of another, it became
of words by which a creditor releases his debtor the property of the man to whose land it was atfrom a debt or obligation, and acknowledges he has  tached after it was firmly attached to it, but not
received that which in fact he has not received  before.  This must notbe confounded with the case
(veluti imaginaria solutio).  This release of debt by  of ALLUVIO.
acceptilatio applies only to such debts as have been    The person who lost his property by accessio
contracted by stipulatio, conformably to a rule of had as a general rule a right to be indemnified
Roman law, that only contracts made by words  for his loss by the person who acquired the new
can be put an end to by words.  But the astuteness  property.  The exceptions were cases of mala fides.
of the Roman lawyers found a mode of complying    The term accessio is also applied to things which
with the rule, and at the same time extending the  are the products of other things, and not added to
acceptilatio to all kinds and to any number of con- them  externally as in the case just mentioned.
tracts.  This was the invention of Gallus Aquilius, Every accessio of this kind belongs to the owner
who devised a formula for reducing all and every  of the principal thing: the produce of a beast, the
kind of contracts to the stipulatio.  This being  produce of a field, and of a tree belongs to the
done, the acceptilatio would immediately apply, owner.  In some cases one man may have a right
inasmuch as the matter was by such  formula  to the produce (fructus) of a thing, though the
brought within the general rule of law above men- thing belongs to another. [Usvs FRUCTUS.]
tioned. The acceptilatio must be absolute and not    The term accessiones was also applied to those
conditional.  A part of a debt or obligation might who were sureties or boundfor others, as fidejussores.
be released as well as the whole, provided the  (Dig. 45. tit. 1. s. 91.; Puchta, Cursus der Instituthing was in its nature capable of division.  A  tionen, ii. p. 661; Dig. 41. tit. 1; Gains, ii. 73,
pupillus could not release a debt by acceptilatio, &c.  CONFUSIO.)                     [G. L.]
without the auctoritas of his tutor, but he could be    ACCLAMAITIO was the public expression of
released from a debt.  A  woman also could not approbation or disapprobation, pleasure or dis-.
release a debt by stipulatio without the auctoritas pleasure, &c. by loud acclamations.  On many ocof a tutor.  The phrase by which a creditor is said  casions, there appear to have been certain forms of
to release his debtor by acceptilatio is, debitori ac- acclamations always used by the Romans; as, for
ceptum, or acceipto facere or ferre, or acceptusn Sa- instance, at marriages, lo Hymen, Hyjmenaee, or
bere. When anything which was done on the behalf Talassio (explained by Liv. i. 9.); at triumphs, lo
of or for the state, such as a building for instance, triumlphe, Io triumzphe; at the conclusion of plays
was approved by the competent authorities, it was  the last actor called out Plaudite to the spectators;
said, in accept-sm ferri, or referri.  (Dig. 46. tit. orators were usually praised by such expressions as
4; 48. tit. 11. s. 7; Gaius, ii. 84, &c. iii. 169, Bene et praeclare, Belle etfestive, Non potest melius,
&c.)                                  [G. L.] -&c.  (Cic. De Orat. iii. 26.)  Under the empire
ACCE'SSIO is a legal term which signifies that the name of acclamnationes was given to the praises
two things are united in such wise that one is  and flatteries which the senate bestowed upon the
considered to become a component part of the other; emperor and his family.  These acclamationes,
one thing is considered the principal, and the other which are frequently quoted by the Scriptores Hisis considered to be an accession or addition to it. toriae Augustae, were often of considerable length,
Sometimes it may be doubtful which is to be con- and seem to have been chanted by the whole body
sidered the principal thing and which the accession. of senators.  There were regular acclamnationes
But the owner of the principal thing, whichever it shouted by the people, of which one of the most
is, became the owner of the accession also.  The  common was Dii te servent.  (Capitol. laim. duo,
most undisputed kind of accessio is that which  16, 26, Gordian. tres, 11; Lamprid. Alex. Sevse.
arises from the union of a thing with the ground;  6-12; Vopisc. Tac. 4, 5, 7, Prob. 11.)  Other
and when the union between the ground and the  instances of acclzaationes are given by Ferrarius,
thing is complete, the thing belongs to him who is  De Veterum Acclacmationibus et Plausu, in Graevius,
the owner of the ground. Thus if a man builds  T27esaur. Rom. Antiq. vol. vi.
on the ground of another man, the building belongs    ACCUBA'TIO, the act of reclining at meals.
to the owner of the ground, unless it is a building  [COENA.]
of a moveable nature, as a tent; for the rlle of law  ACCU'BITA, the name of couches which were
is " superficies solo cedit."  A  tree belonging to  used in the time of the Roman emperors, instead
one man, if planted in the ground of another man, of the triclinium, for reclining upon at meals.  The
belongs to the owner of the ground as soon as it mattresses and feather-beds were softer and higher,
has taken root. The same rule applies to seeds  and the supports (fulcra) of them  lower in proand plants.                                      portion, than in the triclinium.  The clothes and
If one man wrote on the papyrus (chartulae) or pillows spread over them were called accubitcalia.
parchment (membranae) of another, the material  (Lamprid. Heliog. 19, 25; Schol. ad Junv. Sat. v.
was considered the principal, and of course the  17.)                                   [J. Y.]
writing belonged to the owner of the paper or parch-    ACCUSA'TIO.  [JuDEx.]
ment. If a man painted a picture on another man's    ACERRA (AfavcwTpis), the incense box used
wood (tabula) or whatever the materials might be, in sacrifices.  (Hor. Carm. iii. 8. 2; Virg. Aen. v.
the painting was considered to be the principal 745.)  The incense was taken out of the acerra
(tabula picturae cedit).  The principle which de- and let fall upon the burning altar: hence, we have
termined the acquisition of a new property by ac- the expression de acerra libacre. (Ov. ex Pont. iv.
cessio was this- the intimate and inseparable union  8. 39; Pers. ii. 5.)  [TURIBULuM.]  The acerra
of the accessory with the principal.  Accordingly, represented below is taken from a bas-relief in the
there might be accessio by pure accident without museum of the Capitol.
the intervention of any rational agent.  If a piece    The acerra was also, according to Festus (s. v.),
of land was torn away by a stream from one man's a small altar, placed before the dead, on which
n 2




4          ACHAICUM FOEDUS.                                  ACH-AICUM FOEDUS.
Tisaimenus, till at length they abolished the kingIy
rule after the death of Ogyges, and established a
democracy.  Ini the time of Herodotus (i. 145;
comp. Strab. viii. p. 383, &c.) the twelve towns of
which the league consisted were: Pellene, Aegeira,
Aegae, Bura, Helice, Aegium, Rhypes (Rhypae),
Patreis (ae), Phareis (ae), Olenus, Dyrne, and
Tritaeeis (Tritaea).  After the time of Herodotus,
_ c  @ T' J|  )(4Rhypes and Aegae disappear from the number of
the confederated towns, as they had become deV;~   >            M serted (Paus. vii. 23. 25; Strab. viii. p. 387), and
Ceryneia and Leontium  stepped into their place.
(Polyb. ii. 41; comp. Panus. vii. 6.)  The common
place of meeting was Helice, which town, together
perfumes were burnt.  There was a law in the  with Bura, was swallowed up by the sea during
Twelve Tables, which restricted the use of acerrae  an earthquake in B. c. 373, whereupon Aegium was
at funerals.  (Cic. de Leg. ii. 24.)  [J. Y.]    chosen as the place of meeting for the confederates.
ACETA'BULUM  (6ibSs, 0'5~apov, vofCdrpqov),  (Strab. viii. p. 384; Diod. xv. 48; Pans. vii. 24.)
a vinegar-cup, which, from  the fondness of the  The bond which united the towns of the league
Greeks and Romans for vinegar, was probably  was not so much a political as a religious one, as is
always placed on the table at meals to dip the food  shown by the common sacrifice offered at Helice to
in before eating it.  The vessel was wide and  Poseidon.  This solemn sacrifice was perfectly
open above, as we see inll the annexed cut, taken  analogous to that offered by the Ionians at the
from Panof ka's work on Greek vases; and the  Panionia, and it is even intimated by Herodotus
name was also given to all cups resembling it in  that it was an imitation of the Ionian solemnity.
size and form, to whatever use they might be ap- After the destruction of Helice, and when Aegium
plied.  They were commonly of earthenware, but had become the central point of the league, the comsometimes' of silver, bronze, or gold.  (Aristoph. mon sacrifice was offered up to the principal divini4v. 361; Athen. vi. p. 230, xi. p. 494; Quintil. ties of the latter town; that is, to Zeus, surnamed
viii. 6.)  The cups used by jugglers in their per-  Homagyrius, and to Demeter Panachaea. (Paus.
formances were also called by this name.  (Sen. vii. 24.)  In a political point of view the connecEp. 45.)                                         tion between the several towns appears to have
been very loose5 for we find that some of them
acted quite independently of the rest.  (Thuc. ii.
9.) The confederation exercised no great influence
in the affairs of Greece down to the time when it
was broken up by the Macedonians. The Achaeans
kept aloof from the restless commotions in the other
parts of Greece, and their honesty and sincerity
were recognised by the circumstance of their being
appointed, after the battle of Leuctra, to arbitrate
between the Thebans and Lacedaemonians.  (Polyb. ii. 39.)  Demetrius, Cassanlder and Antigonus
Gonatas placed garrisons in some of their towns,
and in others tyrants rose supported by Macedonian
influence. The towns were thus torn from one
another, and the whole confederacy destroyed.
2. Thle later period.-  Vhen Antigonus m B. C.
ACETA'BULUM, a Roman measure of capa.. 281 made the unsuccessful attempt to deprive
city, fluid, and dry,equivalent to the Greek tbegapxv.  Ptolemaeus Ceraunus of the Macedonian throne,
It was one-fourth of the hernina; and therefore  the Achaeans availed themselves of the opportunity
one-eighth  of the  sextarius.  It contained  the  of shaking off the Macedonlian yoke, and renewing
weigilt in water of fifteen Attic drachmae.  (Plin. their ancient confederation. The grand object how11. N. x.i. 34. s. 109.)              [P. S.]    ever now was no longer a common worship, but a
ACHAICUMI FOEDUS, the Achaean league. real political union among the confederates.  The
In treating of the Achaean league we must dis-  towns which first shook off the yoke of the optilguish  between two periods, thie earlier and the  pressors, were Dyme and Patrae, and the alliance
later; the character of the former was pre-emlninently  concluded between them was speedily joined by the
religious, and that of the latter pre-emiiientiy po- towns of Tritaea and Pharae. (Polyb. ii. 41.) One
litical.                                         town after another now expelled the Macedonian
1. The eat-lier period. —When the Heracleidae  garrisons and tyrants; and when, in a. c. 277,
took possession of Peloponnesus, which had until Aegium, the head of the earlier leaguel followed
then been chiefly inhabited by Achaeans, a portion  the example of the other towns, the foundation of
of the latter, unlder Tiaamenls. turned northwards the new confederacy was laid, and the main prinand occupied the notth colst of Pelopnlnesus, which  ciples of its constitution were settled, though afterwas calledi aiyLtads, aid froim   which the'lnians1  wards many changes and modifications were introits former inhabitants, were expelled and sought duced.  The fundamental laws were, that hencerefuge in Attica.  The cutltry which was thus  forth the confederacy should form one inseparable
occupied by the Achaeans and derived from them  state, that each town, which should join it, should
its namne of Achaia, contained twelve confederate  have equal rights with the others, and that. all
tou-wns which were governed by the descendants of members, in regard to foreign countrles, should bu




ACHAICUMI  FOEDUS.                                ACITAICLTI FOEDUS..5
regarded as dependent, and bound to obey in every  might find it difficult to gain a liearing amnong the
respect the federal govermnent, and those officers  crowds of ignorant and foolish people.  (Polyb.
who were entrusted with the executive.  (Polyb. xxxviii. 4.)  It is, however, natural to suppose that
ii. 37, &c.)  No town therefore was allowed to  the ordinary meetings, unless matters of special
trant with any foreign power without the sanction  importance were to be discussed, were attended
of the others.  Aegium, for religious reasons, was  chiefly by the wealthier classes, who had the means
at first appointed the central point of the league, of paying the expenses of their journey, for great
and retained this distinction until the time of Phi- -numbers lived at a considerable distance from the
lopoemen, who carried a decree that the meetings  place of meeting.
might be held in any of the towns of the con-    The subjects which were to be brought before
federacy.  (Liv. xxxviii. 30.)  Aegium  therefore  the assembly were prepared by a council (/3ovxi),
was the seat of the government, and it was there  which seems to have been permanent.  (Polyb.
that the citizens of the various towns met at regular  xxiii. 7, xxviii. 3, xxix. 9; Plut. Arat. 53.)  The
and stated times, to deliberate upon the common  principal subjects on which the great assembly had
afahirs of the league, and if it was thought neces- to decide were —peace and war (Polyb. iv. 15,
sary, upon those of separate towns, and even upon  &c.); the reception of new towns into the conindividuals, and to elect the officers of the league. federacy (Polyb. xxv. 1); the election of the maAfter having thus established a firm union among  gistrates of the confederacy (Polyb. iv. 37. 82;
themselves, they zealously exerted themselves in  PIlt. Arat. 41); the punishment of crimes comdelivering other towns also from their tyrants and  mitted by these magistrates, though sometimes
oppressors.  The  league, however, acquired its  special judges were appointed for that purpose, as
great strength in B. c. 251, when Aratus united  well as the honours or distinctions to be conferred
Sicyon, his native place, with it, and some years  upon them. (Polyb. iv. 14, viii. 14, xl. 5. 8; Pans.
later gained Corinth also for it.  Megara, Troezene, vii. 9.)  The ambassadors of foreign nations had
and Epidaurus soon followed their example'. After- to appear before the assembly, and to deliver the
wards Aratus persuaded all the more important messages of their states, which were then discussed
towns of Peloponnesus to join the confederacy, and  by the assembled Achaeans.  (Polyb. iv. 7, xxiii.
thus Megalopolis, Argos, Hermione, Phlius, and  7, &c., xxviii. 7; Liv. xxxii. 9.)  The assembly
others were added to it.  In a short period the  likewise had it in its power to decree, as to wheleague reached the height of its power, for it em- ther negotiations were to be carried on with any
braced Athens, Megara, Aegina, Salamis, and the  foreign power or not, and no single town was alwhole of Peloponnesus, with  the  exception of lowed to send embassies to a foreign power on its
Sparta, Elis, Tegea, Orchomenos, and Mantineia. own responsibility even on matters of merely local
Greece seemed to revive, and promised to become  importance, although otherwise every separate town
stronger and more united than ever, but it soon  managed its own internal affairs at its own diswas clear that its fresh power was only employed  cretion, so long as it did not interfere with the
in self-destruction and annihilation.  But it would  interests of the league.  No town further was albe foreign to the object of this work to enter fur- lowed to accept presents from  a foreign power.
ther into the history of the confederacy: we must (Polyb. xxiii. 8; Paus. vii. 9.)  The votes in the
confine ourselves to an outline of its constitution, assembly were given according to towns, each havas it existed at the time of its highest prosperity.   ing one vote, whether the town was large or small.
Polybius (ii. 38) remarks that there was no  (Liv. xxxii. 22, &c.)
other constitution in the world, in which all the    The principal officers of the confederacy were.
members of the community had such a perfect 1. at first two strategi (aorpa7Tyoi), but after the
equality of rights, and so much liberty, and, in  year B. c. 255, there was only one (Strab. viii.
short, which was so perfectly democratical and so  p. 385), who in conjunction with an hipparchus
fiee from all selfish and exclusive regulations, as  (iTr7rapXos) or commander of the cavalry (Polyb.
the Achaean league; for all members had equal v. 95, xxviiL 6) and an under-strategus (67roo-rparights, whether they had belonged to it for many'ryds, PolyL. iv. 59) commanded the army furyears, or whether they had only just joined it, and  nished by the confederacy, and was entrusted with
whether they were large or small towns.  The  the whole conduct of war; 2. a public secretary
common affairs of the confederate towns were regu-  (ypaegae'rs s), and 3. ten demiurgi (87yzpo vpyo[,
lated at general meetings attended by the citizens  Strab. 1. c.; Liv. xxxii. 22, xxxviii. 30; Polvb. v.
of all the towns, and held regularly twice every  1, xxiii. 10, who calls the demiurgi  ipXoYres).
year, in the spring and in the autumn.  These  These officers seem to have presided in the great
meetings which lasted three days, were held in a  assembly, where they probably formed the body of
grove of Zeus Homlagyrius in the neighbourhood of men which Polybius (xxxviii. 5) calls the yepovota;
Aegium, andnear asanctuary of Demeter Panachaea.  the demiurgi or the strategus might convene the
(Polyb. ii. 54, iv. 37, v. 1, xxix. 9; Liv. xxxii. 22, assembly, though the latter only when the people
xxxviii. 32; Strab. viii. p. 385; Paus. vii. 24.) In  were convened in arms and for military purposes.
cases of urgent necessity, however, extraordinary  (Polyb. iv. 7; Liv. xxxv. 25.)  All the officers of
meetings might be convened, either at Aegium or the league were elected in the assembly held in
in any other of the confederate places. (Liv. xxxi. the spring, at the rising of the Pleiades (Polyb. ii.
25'; Polyb. xxv. 1, xxix. 8; Plut. Arat. 41.)  43, iv. 6. 37, v. 1), and legally they were invested
Every citizen, both rich and poor, who had at-  with their several offices only for one year, though
tained the age of thirty, might attend the assem- it frequently happened that men of great merit and
blies, speak and propose any measure, to which  distinction were re-elected for several successive
they were invited by a public herald.  (Polyb. years. (PlUt. Acrat. 24. 30, Cleoez. 15.)  If one of
xxix. 9; Liv. xxxii. 20.)  Under these circum-  the officers died during the period of his office, his
stances the assemblies were sometimes of the most place was filled by his predecessor, until the tim9
tumultuous kind, and a wise and experienced man  for the new elections arrived. (Pol~yb. xl. 2.)  Tim
n 




6                ACINACES.                                      ACROTERIUM.
close union 6xisting among the confederate towns    ACI'SCULUS.  [AscIA.]
was, according to Polybius (ii. 37), strengthened    ACLIS.  [HAsTA.]
by their adopting common weights, measures, and    ACNA or ACNUA (also spelt agna and agnuca)
coins.                                           was, according to Varro, the Italian name, and
But the perpetual discord of the members of the  according to Columella, the common Baetican name
league, the hostility of Sparta, the intrigues of the  of the actus quadratus. [AcTus.]  An old writer,
Romans, and the folly and rashness of the later quoted by Salmasius, says " agnua habet pedes
strategi, brought about not only the destruction and  XiIII. cccc," i. e. 14,400 square feet.  The name is
dissolution of the confederacy, but of the freedom  almost certainly connected with the Greek  scaiua,
of all Greece, which with the fall of Corinth, in  though the measure is different.  (Varro, R. R.
s. c. 146, became a Roman province under the  i. 10. ~ 2; Colum. R. R. v. 2. ~ 5; Schneider,
name of Achaia.  (Comp. Schorn, Gesc&l. Griechen-  Comnment. ad ll. cc.; Salmasius, ad Solin. p.
lands von der Entstehung des Aetol. u. Achliiisch. 481.)                               [P. S.]
Bulndes, especially pp. 49, &c. 60, &c.; A. Matthiae,    ACO'NTION (M&ssJwrlov).  [HASTA.]
Vermiscite Schriften, p. 239, &c.; Drumann, Ideen    ACRATISMA (aipcrsTtcr a).  [COENA.]
zur Gesch. des Verfalls der Griech. Staaten, p. 447;    ACROA'MA  (a&KpcaCa), any thing heard, and
Tittmann, GWiecls. Staatsverfass. p. 673, &c.; K. F. especially any thing heard with pleasure, signified
Hermann, GCriech. Staatsalterth. ~ 185.)  [L. S.]   a play or musical piece; hence a concert of players
ACHANE  ('AXdcri), a Persian and Boeotian  on different musical instruments, and also an intermeasure, equivalent to 45 Attic medimni.  (Aris- lude, called enabolia by Cicero (pro Sext. 54), which
tot. ap. Scliol. ad Aristoph. Aceharn. 108, 109; Suid. was performed during the exhibition of the public
s. v.)  According to Hesychius a Boeotian a&Xdirs  games. The word is also applied to the actors and
was equal to one Attic medimnus.      [P. S.]    musicians who were employed to amuse guests
A'CIES.  [EXERCITUS.]                          during an entertainment (Cic. Verr. iv. 22; pro
ACI'NACES  (a&seKu'cirs), a Persian  sword, Arch. 9; Suet. Octav. 74; Macrob. Sat. ii. 4); and
whence Horace (Carm. i. 27. 5) speaks of the  it is sometimes used to designate the ancagnostae.
AJiedus acinaces.  It was a short and straight wea-  [ANAGNOSTAE.]
poen, and thus differed from the Roman sica, which    ACROLITHI (aKpdslOoi), statues, of which the
was curved.  (Pollux, i. 138; Joseph. Ant. Jud. extremities (face, feet, and hands, or toes and
xx. 7. ~ 10.  [SICA.]  It was worn on the right fingers) only were of marble, and the remaining
side of the body (insignis acinace dextro, Val. Flacc. part of the body of wood either gilt, or, what seems
A;,gon. vi. 701), whereas the Greeks and Romans  to have been more usual, covered with drapery. The
usually had their swords suspended on the left side. word occurs only in the Greek Anthology (Brunck,
The form of the acinaces, with the method of Anal. vol. iii. p. 155, No. 20; Anthi. Ptal. xii.
using it, is illustrated by the following Persepolitan  40), and in Vitruvius (ii. 8. ~ 11); but statues of
figures.  In all the bas-reliefs found at Persepolis, the kind are frequently mentioned by Pausanias
the acinaces is invariably straight, and is com- (ii. 4. ~ 1, vi. 25. ~ 4, vii. 21. ~~ 4 or 10, vii. 23.
monly suspended over the right thigh, never over ~ 5, viii. 25. ~ 4 or 6, viii. 31. ~ 1 or 2, and ~ 3
the left, but sometimes in front of the body.  The  or 6, ix. 4. ~ 1.)  It is a mistake to suppose that
form of the acinaces is also seen in the statues of all the statues of this kind belonged to an earlier
the god Mithras, one of which is figured in the cut period.  They continued to be made at least down
on the title-page of this work.                  to the time of Praxiteles.  (Comp. Jacobs, Consment. in A4zths. G~raec., vol. iii. Pt. 1. p. 298; and
Winckelmann, Geschichte der Kunst, B. i. c. 2.
~ 13.)                                [P. S.]
ACRO'POLIS  (a&cpdsroXts).  In  almost all
Greek cities, which were usually built upon a hill,
j. I      I  2 rock, or some natural elevation, there was a kind of
tower, a castle, or a citadel, built upon the highest
part of the rock or hill, to which the name of
acropolis was given.  Thus we read of an acropolis
at Athens, Corinth, Argos, Messene, and many
other places. The Capitolium at Rome answered
the same purpose as the Acropolis in the Greek
cities; and of the same kind were the tower of
Agathocles at Utica (App. Pzun. 14), and that of
Antonia at Jerusalem.   (Joseph. B. J. v. ~ 8,
Act. Apostol. xxi. 34.)  At Athens, the Acropolis
served as the treasury, and as the names of all
public debtors were registered there, the expression
of " registered upon the Acropolis" (e'yyeypna/-e'- vos i,'AKepo7r6tXE) always means a public debtor
A golden acinaces was frequently worn by the  (eiv aKpo7rAe t 7yeypajAtEJ'oL, Dem. c. T/seocr. p.
Persian nobility, and it was often given to indi-  1337. 24; Bdckh. Publ. Econ. of At/sens, p. 388,
viduals by the kings of Persia as a mark of honour. 2nd edit.).
(Herod. viii. 120; Xen. Azab. i. 2. ~ 27, 8. ~ 29.)    ACROSTO'LIUM  (acspoar'drT ov).  [NAVIS.]
The acinaces was also used by the Caspii.    ACROTE'RIUM  (t&epoTrprov) signifies an ex(Herod. vii. 67.)  It was an object of religious  tremity of any thing.  It is generally used in the
worship among the Scythians and many of the  plural.
northern nations of Europe. (Herod. iv. 62; Comp.    1. In Architecture it seems to have been used
Mela, ii. 1; Amm. Marc. xxxi. 2.)    [J. Y.]    originally in the samue sense as the Latinfastyqisum,




ACTA.                                            ACTA.                       7
namely, for the sloping roof of a building, and moare  Formulis, v. ~ 113.)  They were taken by clerks
particularly for the ornamental front or gable of such  (ab actis fori), whose titles and duties occur in
a roof, that is, the pediment. (Plut. Cues. 63, corn- Lydus (de Mcagistr. ii. 20, &c.) and the Notitia
pared with Cic. Philipp. ii. 43, and Suet. Cues. 81.)  Dignitatunm.
The usual meaning of acroteria, however, is the    3. ACTA MILITARIA, contained an account of
pedestals placed on the summit of a pediment to  the duties, numbers, and expences of each legion
receive statues or other ornamental figures.  There  (Veget. ii. 19), and were probably preserved in
were three acroteria, one above each angle of the  the military treasury founded by Augustus (Suet.
pediment.  Vitruvius says that those over the outer Aug. 49; Tac. Ann. i. 78; Dion Cass. Iv. 25.)
angles (actorot. angelarie) should be as high as the  The soldiers, who drew up these acta, are freapex of the tympanum, and the one over the high-  quently mentioned in inscriptions and ancient wriest angle one-eighth part higher.  (Vitruv. iii 3, ters under various titles, as, libraries legionis; acor iii. 5. ~ 12, ed. Schneider.)  Some writers in-  zuarius  or actarius legionis; tabulcarius castrensis,
clude the statues themselves as well as the bases  &c.
under the name; but the only authority for this    4. AcTA SENATUS, called also COMMENTARII
seems to be an error of Salmasius.  (In Ael. Spart. SENATUS (Tac. Ann. xv. 74) and ACTA PATRUM
Pescen. Nig. 12.)  2. The extremities of the prow  (Ann. v. 4), contained an account of the various
of a vessel, which were usually taken from a con- matters brought before the senate, the opinions of
quered vessel as a mark of victory: the act of doing  the chief speakers, and the decision of the house.
so was called &ICPWrT7?pLdELV. (Xen. Hell. ii. 3. ~ 8, It has been usually inferred from a passage of
vi. 2. ~ 36; Herod. iii. 59, viii. 121.)  3. The ex- Suetonius (" Inito honore primus omnium instituit,
tremities of a statue, wings, feet, hands, &c. (Dem. ut tam senatus quam populi diurna acta conficerenc. Timeocr. p. 738; Athen. v. p. 199, c.) [P. S.]   tur et publicarentur," Caes. 20), that the pro..
ACTA.  1. Signified the public acts and orders  ceedings of the senate were not published till the
of a Roman magistrate, which after the expiration  first consulship of Julius Caesar, B. C. 59; but this
of his office were submitted to the senate for ap- was not strictly the case; for not only had the deproval or rejection.  (Suet. Caes. 19, 23; Cic. crees of the senate been written down and pubPhil. i. 7, &c.)  After the death of Julius Caesar lished long previously, but the debates on the
the triumvirs swore, and compelled all the other Catilinarian conspiracy had been widely circulated
magistrates to swear, to observe and maintain all by Cicero (p. Sull. 14, 15.)  All that Suetonius
his acta (in acta jurare, comp. Tac. Ann. i. 72; Suet. means to say is, that the proceedings of the senate,
Tib. 67); and hence it became the custom on the  which had been only occasionally published before
accession of each emperor for the new monarch to  and by private individuals, were for the first time,
swear to observe and respect all the acta of his  by the command of Caesar, published regularly
predecessors from Julius Caesar downwards, with  every day (senatus acta diurena) under the authority
the exception of those who had been branded with  of government as part of the daily gazette. Augustus
infamy after death, such as Nero and Domitian. forbade the publication of the proceedings of the
Every year all the magistrates upon entering upon  senate, but they still continued to be preserved,
their office on the 1st of January swore approval of and one of the most distinguished senators, who rethe acts of the reigning emperor: this oath was ori- ceived the title ab actis senzatus, was chosen by the
ginally taken by one magistrate in each department emperor to compile the account.  (Tac. Ann. v. 4;
on behalf of his colleagues, but subsequently it was  Spart. Hadr. 3; Orelli, Inser. No. 2274, 3186.)
the usual practice for each magistrate to take the  The persons entrusted with this office must not be
oath personally.  (Dion Cass. xlvii. 18, liii. 28; confounded with the various clerks (actuarii, servi
Tac. Ann. xvi. 22, with the Excursus of Lipsius; publici, scribae, censuales), who were present in the
Dion Cass. lviii. 17, lx. 25.)                     senate to take notes of its proceedings, and who
2. ACTA FORENSIA were of two kinds: first, were only excluded when the senate passed a
those relating to the government, as leges, ple- senatusconsultunm tacitum, that is, when they debiscita, edicta, the names of all the magistrates, &c., liberated on a subject of the greatest importance,
which formed part of the tabulae publicae; and  respecting which secresy was necessary or advisasecondly, those connected with the courts of law. ble.  (Capit. Gord. 12.)  It was doubtless from
The acta of the latter kind contained an account notes and papers of these clerks that the Acta were
of the different suits, with the arguments of the  compiled by the senator, who was entrusted with
advocates and the decisions of the court.  In the  this office.  The Acta were deposited in some of
time of the republic the names of those who were  the record offices in particular departments of the
acquitted and condemned were entered on the  public libraries, to which access could only be obrecords of the court (in tabulas absolutule  non  tained by the express permission of the praefectus
rettulit, Cic. ad Famr. viii. 8. ~. 3), and it appears  urbi.  They were consulted and are frequently refrom the quotations of Asconius from these Acta, ferred to by the later historians (Vopisc. Prob. 2;
that they must have contained abstracts of the  Lamprid. Sever. 56; Capitol. Opil. Maer. 6), and
speeches of the advocates as early as the time of many extracts from  them  were published in the
Cicero.  (In Scaurnian. p. 19, in Milonian. pp. 32, Acta Diurna.  Tacitus and Suetonius never refer
44, 47, ed. Orelli.)  Under the empire the pro-  to the Acta Senatus as authorities, but only to the
ceedings of the higher courts seem to have been al- Acta Diurna.
ways preserved, and they are frequently referred to    5. ACTA DIURNA, a gazette published daily at
in the Digest.  They are sometimes called Gesta;  Rome by the authority of the government during
and they commenced with the names of the consuls  the later times of the republic, and under the emfor the year, and the day of the month.  (Amm. pire, corresponding in some measure to our newsMarc. xxii. 3; August. Acta c. Fortun. Manich. papers.  (Tac. Ann. iii. 3, xiii. 31, xvi. 22.)  In
Retract. i. 16; Cod. Theod. 2. tit. 29. s. 3.)  Spe- addition to the title Acta Diurna, we find them
cinens of these Acta are given by Brissonius. (De  referred to under the names of Diurna, Acta PubB 4




8                    ACTA.                                              ACTIA.
lieca, Acta Urbana, Actas Rerunl Urbanarmaro, Acta  of Alexander Severus, seven of the fourteen cura.Populi, and they  are frequently  called  simply  tores urbis, whom he appointed, had to be present
Acta, The Greek writers on Roman history call when the acta were drawn up.  (Lampridc.  Alex.
them  -a, ibrouzyl/larea, Ta 83rlI/(La  7ro/uvulLaSTa, Sev. 33.)  The actual task of compiling them was
ar 8Alpdaoa?ypjlcAeara and Ta ICotIw  b7rojuY'uarCa.  committed to subordinate officers, called actucarii or
The nature of their contents will be best seen from  actarii, who were assisted by various clerks, and
the following passage of Petronius (c. 53) where  by reporters (notarii), who took down in short-hand
in imitation of them  is given by the actuarius of the proceedings in the courts, &c.  After the acta
Trimalchio: -" Actuarius - tamquam acta urbis  had been drawn up, they were exposed for a time
recitavit: vii. Kal. Sextilis in praedio Cumano, quod  in some public place in the city, where persons
est Trimalchionis, nati sunt pueri xxx., puellae  could read them and take copies of them.  Many
xL.;  sublata in horreum ex area tritici millia nlo- scribes, whom  Cicero speaks of under the name
dium quingenta; boves domiti quingenti.  Eodem   of operarii, made it their business to copy them
die Mithridates servus in crucem actus est, quia  or make extracts from  them  for the use of the
Gaii nostri genio maledixerat.  Eodem die in arcam   wealthy in Rome, and especially in the provinces,
relatum est, quod collocari non potuit, sestertium   where they were eagerly sought after and extencenties. Eodem die incendium factum est in hortis  sively read.  (Cic. ad Fans. viii. 1, xiii. 8; Tac.
Pompeianis, ortum ex aedibus Nastae villici. Jam   A nn. xvi. 22.)  After the acta had been exetiam edicta aedilium recitabantur, et saltuariorum   posed in public for a certain time, they were detestamenta, quibus Trimalchio cum elogio exhae- posited, like the Acta Senatus,. in some of the reredabatur; jam  nomina villicorutm  et repusdiata a  cord offices, or the public libraries.
circumitore liberta in balneatoris contubernio depre-    The style of the acta, as appears from the pashensa; atriensis Baias relegatus; jam  reus factus  sage in Petronius, was very simple and concise.
dispensator; et judicium inter cubicularios actum."  They contained a bare enumeration of facts without
From this passage, and from the numerous passages  any attempt at ornament.
in ancient writers, in which the Acta Diurna are    As to the time at which these acta were first
quoted (references to which are given in the works  composed, there is a considerable variety of opinion
of Le Clerc and Liberkiihn cited below), itwould ap- among modern writers.  It is maintained that the
pear that they usually contained the following mat-  passage of Suetonius (CaOes. 20), quoted above,
teis: - 1. The number of births and deaths in the  does not imply that the acta were first published
city, an account of the money paid into the treasury  in the first consulship of Julius Caesar, and that
from the provinces, and every thing relating to the  the meaning of it is, " that he first ordained that
supply of corn.  These particulars would be ex- the acta diurna of the senate should be compiled
tracted from the tabulae publicae.  By an ancient and published just as (tam  quaen) those of the
regulation, ascribed to Servius Tullius (Dionys. iv. people had been."  But although this interpreta15),. all births were registered in the temple of tion is probably the correct one, still there is no
Venus, and all deaths in that of Libitina; and we  passage in the ancient writers in which the Acta
know that this practice was continued under the  Diurna are decisivelymentioned, previousto Caesar's
empire, only that at a later time the temple of first consulship; for the dicariuem referred to by
Saturn was substituted for that of Venus for the  Sempronius Asellio (Gell. v. 18), which is freregistration of births.  (Jul. Cap. 1IA1. Aurel. 9.)  quently brought forward as a proof of this early pub2. Extracts from the Acta Forensic, containing the  lication, is the journal of a private person. There is
edicts of magistrates, the testaments of distinguished  likewise no evidence to support an opinion adopted
men, reports of trials, with the names of those who  by many modern writers that the publicationr of
were acquitted and condemned, and likewise a list the acta first commenced in a. c. 133 to supply the
of the magistrates who were elected.  3. Extracts  place of the Annales Maximi, which were disconfrom the acta senatus, especially all the decrees and  tinued in that year (Cic. cde Orat. ii. 12), while
acclamationes [ACCLAMATIO] in honour of the  on the contrary the great difference of their conreigning emperor.  4. A court circular, containing  tents renders it improbable that such was the case.
an account of the births, deaths, festivals, and  The Acta Diurna continued in use to the downfall
movements of the imperial family.  5. An account of the western empire, or at least till the remov-al
of such public affairs and foreign wars as the  of the seat of government to Constantinople, but
government thought proper to publish.  6. Curious  they were never published at the latter city.
and interesting occurrences, such as prodigies and   (Lipsius, Excursus (ad Tac. Ann. v. 4; Ernesti,
miracles, the erection of new edifices, the confla- Excursus ad Suet. J. Cazes. 20; Schlosser, Ueber
gration of buildings, funerals, sacrifices, a list of die Quzellen der spiitern latein. Geschlicltschreiber,
the various games, and especially amatory tales and  besonders iiber Zeitunyen, &c. in the Arch/sivfsir Geadventures, with the names of the parties. (Comp. scicte, pp. 80 —106; Prutze, De Fontibus, quos in
Cic. ad Fasro. ii. 15.)  The fragments of some  conscribendis rebus idle a Tiberio unsque ad nsortemn'
Acta Diurna have been published by Pighius and  Neronis gestis auctores veteres secuti videantur,
Dodwell, but their genuineness is too doubtful to  Halle, 1840; Zell, Ueber die Zeitzzngen der ltlen,
allow us to make use of them as authorities.       Friburg, 1834; but the two best works on the
It is certain that these acta were published  subject are, Le Clerc, Des Journaux cliez les Rounder the authority of the government, but it is  mnains, Paris, 1838, and Lieberkiihn, De Diurnis
not stated under whose superintendence they were  Romanoorwun Actis, Weimar. 1840.)
drawn up.  It is probable, however, that this duty    A'CTIA ('AKTMa), a festival of Apollo, celedevolved upon the magistrates, who had the care  brated at Nicopolis in Epeirus, with wrestling,
of the tabulae publicae, namely, the censors under musical contests, horse-racing, and sea fights.  It
the republic (Liv. iv. 8, xliii. 16), and sometimes  was established by Augustus, in commemoration
the quaestors, sometimes the praefecti aerarii under  of his victory over Antony off Actiuim, and vwas
the empire.  (Tac. Ann. xiii. 28.) By a regulation  proal:blly the revival of an ancient festival; fbr




ACTIO.                                              ACTIO.                     9
there was a celebrated temple of Apollo at Actinm, various forms of actions, probably for hlis own use
which is mentioned by Thucydides (i. 29), and  and that of his friends: the manuscript was stolen
Strabo (vii. p. 325), and which was enlarged by  or copied by his scribe Cn. Flavius, who made it
Augustus.  The games instituted by Augustus  public: and thus, according to the story, the plewere celebrated every four years (7res'aersqpit,  beians became acquainted with those legal forms
ludi quinquennales); they received the title of a  which hitherto had been the exclusive property of
sacred Agon, and were also called Olympia. (Strab. the patricians.  (Cic. De Orat. i. 41, pro Mlurena,. c.; I)ion Cass. li. 1.; Suet. Aug. 18; Bickh, c. 11; Dig. 1. tit. 2. s. 2. ~ 7.)
Corp. Inser. No. 1720, p. 845; Krause, Olympia,    Upon the old legal actions being abolished, it
p. 221.)                                           became the practice to prosecute suits according to
A'CTIO  is defined by Celsus (Dig. 44. tit. 7. certain prescribed forms or formulae, as they were
5. 51) to be the right of pursuing by judicial means  called, which will be explained after we have
(judicio) what is a man's due.                     noticed various divisions of actions, as they are made
With respect to its subject-matter, the actio was  by the Roman writers.
divided into two great divisions, the in personam    The division of actiones in the Roman law is
actio, and the in rem actio.  The in persosnam actio  somewhat complicated, and some of the divisions
was against a person who was bound to the  must be considered rather as emanating from the
plaintiff by contract or delict, that is, when the  schools of the rhetoricians than from  any other
claim against such person was' dare, facere, praes-  source.  But this division, though complicated,
tare oportere;' the in rein actio applied to those  may be somewhat simplified, or at least rendered
cases where a man claimed a corporal thing (cor-  more intelligible, if we consider that an action is a
poralis res) as his property, or claimed a right, as  claim  or demand made by one person against
for instance the use and enjoyment of a thing, or another, and that in order to be a valid legal claim
the right to a road over a piece of ground (actus).  it must be founded on a legal right.  The main
The in rems actio was called vindicatio; the in per- division of actions must therefore have a reference
sonam actio was called in the later law condictio, or analogy to the main division of rights; for in
because originally the plaintiff gave the defendant every system  of law the form of the action must
notice to appear on a given day for the purpose of be the expression of the legal right.  Now the
choosing a judex. (Gaius, iv. 5.)                  general division of rights in the Roman law is into
The old actions of the Roman law were called  rights of dominion or ownership, which are rights
leqis actiozes, or legitimae, either because they were  against the whole world, and into rights arising
expressly provided for by laws (leyes), or because  from contract, and quasi contract, and delict.  The
they were strictly adapted to the words of the laws, actio in remn implies a complainant, who claims a
aud therefore could not be varied.  In like manner, certain right against every person who may disthe old writs in England contained the matter or pute it, and the object and end of the action are to
claim  of the plaintiff expressed according to the  compel an acknowledgment of the right by the
legal rule.d                                       particular person who disputes it.  By this action
The five modes of proceeding by legal action as the plaintiff maintains his property in or to a thing,
named and described by Gaius (iv. 12), were, or his rights to a benefit from  a thing (se vit/ifes).
Sacramento, Per judicis postulationem, Per con- Thus the actio in rein is not so called on account
dictionem, Per manus injectionem, Per pignoris of the subject-matter of the action, but the term is a
capionem.                                          technical phrase to express an action which is in no
But these forms of action gradually fell into dis-  way founded on contract, and therefore has no deuse, in consequence of the excessive nicety required, terminate individual as the other necessary party
and the failure consequent on the slightest error to the action; but every individual who disputes
in the pleadings; of which there is a notable ex-  the right becomes, by such act of disputing, a party
ample given by Gaius himself (iv. 11), in the case  liable to such action.  The actio in rein does not
of a plaintiff who complained of his vines (vites) ascertain the complainant's right, and from the
being cut down, and was told that his action was nature of the action the complainant's right cannot
bad, inasmuch as he ought to have used the term  be ascertained by it, for it is a right against all the
trees (arbores) and not vines; because the law of the  world; but the action determines that the defendant
Twelve Tables, which gave him the action for damage  has or has not a claim which is valid against the
to his vines, contained only the general expression  plaintiff's claim.  The actio in personams implies a
"'trees" (arbores).  The Lex Aebutia and two  determinate person or persons against whonm the
Leges Juliae abolished the old legitimae actiones, action lies, the right of the plaintiff being founded
except in the case of dacsznurz im'iU/' [DAiM SUIm on the acts of the defendant or defendants: it is,
INFECTUM], and in matters which fell under the  therefore, in respect of something which has been
cognizance of the Centumviri.  [CENTUrV1mwm.]    agreed to be done, or in respect of some injury for
In the old Roman constitution, the knowledge  which the plaintiff claims compensation.  The actio
of the law was closely connected with the insti-  mii tae of Jlustinian's legislation (Inst. iv. tit. 6, s. 20)
tutes and ceremonial of religion, and was accord-  was so called from its being supposed to partake of:
ingly in the hands of the patricians alone, whose  the nature of the actio in rein and the act/o in peraid their clients were obliged to ask in all their sonama.  Such was the action among co-heirs as to
legal dispultes.  Appius Claudius Caecus, perhaps  the division of the inheritance, and the action for
one of the earliest writers on law, drew  up the  the purpose of settling boundaries which were
confused.
" "Breve quidem  cum sit formatum  ad simili-    Rights, and the modes of enforcing them, may
tudinem regulae juris, quia breviter et paucis verbis  also be viewed with reference to the sources from
intentionem proferentis exponit et explanat, sicut which they flow.  Thus, the rights of Roman
regula juris,remquae estbreviter enarrat." (Bracton, citizens flowed in part from  the sovereign power,
~  1 3.)                                          in part from-those to whom power was delegated.




10                ACTIO.                                             ACTIO.
That body of law which was founded on, and flowed  arbitrariae were so called from the judex in such
from the edicts of the praetors, and curule aediles, case being called an arbiter, probably, as Festus
was called jus honorarium, as opposed to the jus  says, because the whole matter in dispute was
civile, in its narrower sense, which comprehended  submitted to his judgment; and he could decide
the leges, plebiscite, senatus consulta, &c.  The jus  according to the justice and equity of the case,
konorarium  introduced new rights and modified  without being fettered by the praetor's formula.
existing rights; it also provided remedies suitable  It should be observed also, that the judex properly
to such new rights and modifications of old rights, could only condemn in a sum of money; but the
and this was effected by the actions which the  arbiter might declare that any particular act should
praetors and aediles allowed.  On this jurisdiction  be done by either of the parties, which was called
of the praetors and aediles is founded the distinc- his arbitrium, and was followed by the condemnzatio
tion of actions into civiles and h7onorariae, or, as if it was not obeyed.
they are sometimes called, praetoriae, from the    The division of actions into perpetuae and terngreater importance of the praetor's jurisdiction.  porales had reference to the time within which an
There were several other divisions of actions, all action might be brought, after the right of action
of which had reference to the forms of procedure.   had accrued.  Originally those actions which were
A division of actions was sometimes made with  given by a lex, senatus consultunz, or an imperial
reference to the object which the plaintiff had in  constitution, might be brought without any limiview.  If the object was to obtain a thing, the  tation as to time; but those which were granted
action was called persecutoria.  If the object was by the praetor's authority were generally limited
to obtain damages (poena) for an injury, as in the  to the year of his office.  A time of limitation was,
case of a thing stolen, the action was poenalis; for however, fixed for all actions by the late imperial
the thing itself could be claimed both by the vin- constitutions.
dicatio and the condictio.  If the object was to    The division of actions into actiones in jus and
obtain both the thing and damages, it was probably  in factune is properly no division of actions, but
sometimes called actio mixta, a term  which had  has merely reference to the nature of the formula.
however another signification also, as already ob- In the formula in factum  concepta, the praetor
served.  The division of actiones into directae  might direct the judex barely to inquire as to the
and utiles must be traced historically to the actiones fact which was the only matter in issue; and on
fictitiae or fictions by which the rights of action  finding the fact, to make the proper condemnnatio:
were enlarged and extended.  The origin of this  as in the case of a freedman bringing an action
division was in the power assumed by the praetor against his patronus.  (Gaius, iv, 46.)  In the
to grant an action in special cases where no action  formula in jus the fact was not in issue, but the
could legally be brought, and in which an action, if legal consequences of the fact were submitted to
brought, would have been inanis or inutilis.  After the discretion of the judex.  The formula infactumn
the decline of the praetor's power, the actiones  commenced with the technical expression, Si paret,
utiles were still extended by the contrivances of the  &c., "c If it should appear," &c.; the formula in jus
jris prudentes and the rescripts of the emperors. commenced, Quod A. A., &c., " Whereas A. A. did
Whenever an actio utilis was granted, it was so and so."  (Gaius, iv. 47.)
framed on some analogy to a legally recognised    The actions which had for their object the
right of action.  Thus, in the examples given by  punishment of crimes, were considered public; as
Gains (iv. 34), he who obtained the bonorum pos- opposed to those actions by which some particular
sessio by the praetor's edict, succeeded to the de- person claimed a right or compensation, and which
ceased by the praetorian and not the civil law: he  were therefore called privatae.  The former were
had, therefore, no direct action (directa actio) in  properly called jzdicia publica; and the latter, as
respect of the rights of the deceased, and could only  contrasted with them, were called judicia privata.
bring his action on the fiction of his being what he  [JuDICIUM.]
was not, namely, leres.                            The actions called noxales arose when a filins
Actions were also divided into ordinariae and familias (a son in the power of his father), or a
extraordinariae.  The ordinariae were those which  slave, committed a theft, or did any injlurv to
were prosecuted in the usual way, first before the  another.  In either case the father or owner might
praetor, in jure, and then before the judex, in  give up the wrong-doer to the person injured, or
judicio.  When the whole matter was settled be- else he must pay competent damages.  These acfore or by the praetor in a summary way, the name tions, it appears, take their name either from the
extraordcinaria  was applicable to  such  action. injury committed, or because the wrong-doer was
[INTERDICT.]                                    liable to be given up to punishment (noxae) to the
The term condictiones only applies to personal ac- person injured. Some of these actions were of legal
tions; but not to all personal actions. It does notcom- origin, as that of theft, which was given by the
prehend actions ex delicto, nor bonae fidei actiones. Twelve Tables; that of damnnum injuriae, which was
As opposed to bonae fidei actiones, condictiones were given by the Aquilia Lex; and that of injuriaruan
sometimes called actiones stricti juris.  In the ac- et vi bonorues raptorum, which was given by the
tiones strictijuris it appears that the formula of the  edict, and therefore was of praetorian origin.  This
praetor expressed in precise and strict terms the  instance will serve to show that the Roman division
matter submitted to the judex, whose authority  and classification of actions varied according as the
was thus confined within limits.  In the actiones Roman writers contemplated the sources of rights
Lonae fidei, or ex fide bona (Cic. Top. 17), more  of action, or the remedies and the modes of oblatitude was given, either by the formula of the  taining them.
praetor, or was implied in the kind of action, such    An action was commenced by the plaintiff sumas the action ex emspto, vendito, locato, &c., and the  moning the defendant to appear before the praetor
special circumstances of the case were to be taken  or other magistrate who had jurisdictio: this prointo consideration by the judex.  The actiones cess was called in jus vocatio; and, according to




ACTIO.                                             ACTIO.                  11
the laws of the Twelve Tables, was in effect a  security for his appearance before the praetor (in
dragging of the defendant before the praetor if he jure) on a day named, commonly the day but one
refused to go quietly.  This rude proceeding was  after the injus vocatio, unless the matter in dispute
modified in later times, and in many cases there  was settled at once. The defendant, on finding a
could be no in jus vocatio at all, and in other surety, was said vades dare (Hor. Serne. I. i. 11),
cases it was necessary to obtain the praetor's per-  vadimonium promittere, or facere; the surety, vas,
mission under pain of a penalty.  It was also  was said s.pondere; the plaintiff when satisfied
established that a man could not be dragged from  with the surety was said, vadari reum, to let him
his own house; but if a man kept his house to  go on his sureties, or to have sureties from him.
avoid, as we should say, being served with a writ, When the defendant promised to appear injure on
he ran the risk of a kind of sequestration (actor the day named, without giving any surety, this was
in bona mittebatur).  The object of these rules  called vadimoniuam purun.  In some cases recuwas to make the defendant appear before the peratores were named, who, in case of the decompetent jurisdiction; the device of entering an  fendant making default, condemned him  in the
appearance for the defendant does not seem to  sum of money named in the vadimonium.
have suggested itself to the Roman lawyers. (Dig. 2.    If the defendant appeared on the day appointed,
tit. 4.)  If the defendant would not go quietly, he was said uadimonium sistere; if he did not apthe plaintiff called on any bystander to witness pear, he was said vadimzonium deseruisse, and the
(antestari) that he had been duly summoned, praetor gave to the plaintiff the bonorum possessio.
touched the ear of the witness, and dragged the  (Hor. Seres. i. 9. 36-41; Cic. Pro P. Quintio,
defendant into court.  (Hor. Serm. i. 9. 75-78; c. 6.)  Both parties, on the day appointed, were
Plautus, Curcul. v. 2.)  The parties might settle  summoned by a crier (praeco), when the plaintiff
their dispute on their way to the court, or the de- made his claim or demand, which was very briefly
fendant might be bailed by a vindex.  (Cic. Top. expressed, and may be considered as corresponding
2; Gaius, iv. 46; Gellius, xvi. 10.)  The vindex  to our declaration at law.
must not be confounded with the vades.  This    The defendant might either deny the plaintiff's
settlement of disputes on the way was called trans-  claim, or he might reply to it by a plea, exceptio.
actio in via, and serves to explain a passage in St. If he simply denied the plaintiff's claim, the cause
Matthew (v. 25).*                                was at issue, and a judex might be demanded.
When before the praetor, the parties were said  The forms of the exceptio also were contained in
jure agere.  The plaintiff then prayed for an ac- the praetor's edict, or upon hearing the facts the
tion, and if the praetor allowed it (dabat actionem), praetor a apted thb plea to the case.  The exceptio
he then declared what action he intended to bring  was the defendant's defence, and was often merely
aygainst the defendant, which was called edere  an equitable answer or plea to the plaintiff's legal
actionesa.  This might be done in writing, or demand.  The plaintiff might claim a thing upon
orally, or by the plaintiff taking the defendant to  his contract with the defendant, and the defendant
the album, and showing him which action he in- might not deny the contract, but might put in a
tended to rely on.  (Dig. 2. tit. 13.)  *As the  plea of fraud (dolus nzalus), or that he had been
forsmulae comprehended, or were supposed to com- constrained  to come to such  agreement.  The
prehend, every possible form of action that could  exceptio was in effect something which negatived
be required by a plaintiff, it was presumed that he  the plaintiff's demand, and it was expressed by a
could find among all the formulae some one which  negative clause: thus, if the defendant asserted that
was adapted to his case, and he was accordingly  the plaintiff fraudulently claimed a sum of money
supposed to be without excuse if he did not take  which he had not given to the defendant, the expains to select the proper formula.  (Cic. Pro Ros. ceptio would run thus: Si in ea re nilhil dolo malo
Com. c. 8.)  If he took the wrong one, or if he  Auli Agerii factumrn sit neque fiat.  Though the
claimed more than his due, he lost his cause (causa exceptio proceeded from the defendant, it was excadebat, Cic. De Orat. i. 36); but the praetor some- pressed in this form, in order to be adapted for
times gave him leave to amend his claim or intentio. insertion in the formula, and to render the con(Gaius, iv. 53, &c.)  If, for example, the contract demnnatio subject to the condition.
between the parties was for something in senere,    Exceptions were pereezptoriae  or dilatoriae.
and the plaintiff claimed something in specie, he  Peremptory exceptions were a complete and perlost his action: thus the contract might be, that petual answer to the plaintiffs demand, such as
the defendant undertook to sell the plaintiff a  an exceptio of dolus malus, or of res judicata.
quantity of dye-stuff or a slave; if the plaintiff Dilatory exceptions were, as the name imports,
claimed Tyrian purple, or a particular slave, his merely calculated to delay the plaintiff's demand;
action was bad; therefore, says Gaius, according  as, for instance, by showing that the debt or duty
to the terms of the contract so ought the claim of claimed was not yet due. Gaius considers the exthe intentie to be. As the formulae were so numer- ceptio litis dividuae and rei residuae (iv. 122) as
ous and comprehensive, the plaintiff had only to  belonging to this class.  If a plaintiff prosecuted
select the formula which he supposed to be suitable  his action after a dilatory exception, he lost altoto his case, and it would require no further varia- gether his right of action. There might be dilatory
tion than the insertion of the names of the parties  exceptions also to the person of the plaintiff, of
and of the thing claimed, or the subject-matter of which class is the exceptio cognitoria, by which the
the suit, with the amount of damages, &c., as the  defendant objects either that the plaintiff is not
case might be.  When the praetor had granted an  intitled to sue by a cognitor; or that the cognitor
action, the plaintiff required the defendant to give  whom he had named was not qualified to act as a
Itisnotasyotaecrrctyt h   cognitor. If the exception was allowed, the plaintiff
" It is not easy to state correctly the changes could either sue himself, or name a proper cognitor,
in procedure which took place after the abolition  as the case might be.  If a defendant neglected to
of the legitinzae actiones. Compare Gaius iv. 25, 46. take advantage of a peremptory eeceptio, the praetor




12                 ACTIO.                                               ACTIO.
might afterwards give him permission to avail him- ellrators generally gave security like procurators.
self of it; whether he could do the same in the case  In the case of an actio in perssonam, the samne rules
of a dilatory was a doubtful question.  (Gaius, iv. applied to the plaintiff as ill the actio in rein.  If
125.).                                            the defendant appeared by a cogniitor, the defendant
The plaintiff might reply to the defendant's ex-  had to give security; if by a procurator, the proceptio, for the defendant by putting in his plea be- curator had to give security.
came an actor. [ACTOR.]  The defendant's plea    When the cause awas brought to an issue, a
might be good, and a complete answer to the plain- judex or judices might be demanded of the praetor
tiffs demand, and yet the plaintiff might allege  who named or appointed a judex and delivered to
something that would be an answer to the plea. him the formula which contained his instructions.
Thus, in the example given by Gaius (iv. 126), if The judices were said dari or addici.  So far the
an argentarius claimed the price of a thing sold by  proceedings were said to be in jre; the prosectn.
auction, the defendant might put il a plea, which, tion of the actio before the judex requires a separate
when inserted in the formula, would be of this  discussion.  [JUDICIUM.]
shape: -  Ut ita deslnun emeptor damsnettur, si ei es    The following is an example of a formula taken
q     siL emerit, tradita sit; and this would be in form  from Gaius (iv. 47):- Judex esto. Si pacaet AnZLJon
a good plea.  But if the conditions of sale were that Ageriumn  auld  u12Vizeriuz   Npteyidisaum   iZensamls
the article should not be handed to the purchaser asrteeeame dleposuisse eIqIZe dolt  mao N1o m2erii
before the money was paid, the argentarius might Neyidii A  ulo A erito redditam non esse quaZlti ea
put in a ireplicatio in this shape: -- Nisi praedictum es es erit tantace p2eciuiiriajldex Neusle'iU2i Negidiula
est He aliter enoptori res traderetmzr quana si pretiumi Ailo Agerio condemnuto: si nonz paert, absolvito.
emsptor solverit.  If the defendant answered the    The nature of the formula, however, will be
replicatio, his answer was called deplicatio; and the  better understood from the  ollowing analysis of it
parties might go on to the triplicatio and quadrupli-  by Gains: -It consisted of four parts, the dezonacatio, and even further, if the matters in question  stratio, iztentio, acljsudicatio, condesancntio.   The
were such that they could not otherwise be brought desonstratio is that part of the formula which
to an issue.                                       explains what the subject-matter of the action is.
Thepraescriptio, which was so called from being  For instance, if the subject-matter be a slave sold,
written at the head or beginning of the formula, the demonstratio would run thus: —Qeod A zlus
was adapted for the protection of the plaintiff in  Agerius llVmerio Neqidio eionzin:eml vendidit.  The
certain cases. (Gaius, iv. 130, &c.; Cic. De Orat. intentio  contains the claim  or demand of the
i. 37.)  For instance, if the defendant was bound  plaintiff:-Si paret /honkiiiesz exjure QltdritiinA Ili
to make to the plaintiff a certain fixed payment t  Agerii esse.  The acdjjdicatio is that part of the
yearly or monthly, the plaintiff had a good cause  fornula which gives the jindex authority to adjuof action for all the sums of money already due; dicate the thing which is the subject of dispute to
linut in order to avoid making his demand for the  one or other of the litigant parties.  If the action
fiuture payments not yet due, it was necessary to  be'among partners for dividing that which belongs
use a praescription of the following form: —  Ea  to them  all, the adjudication would run thus:res aOgatur citus rei diesji'it.                   Quanztum adjldicari oportet jidex  Titio acdjdicato.
A person might maintain or defend an action by  The condenszatio is that part of the formula which
his cognitor or procurator, or, as we should say, by  gives the judex authority to condemn the dehis attorney.  The plaintiff and defendant used a  fendant in a suml of money, or to acquit him:
certain form of words in appointing a cognitor, and  for example,.Jzdex Nzmerien  Neyidium A4ulo
it would appear that the appointment was made in  Agyerio sestertizmn milia condemna: si eon paret,
the presence of both parties.  The coginitor needed  absolve. Sometinmes the intentio alone was requisite,
not to be present, and his appointment was com- as in the formulae called praejadiciales (which some
plete when by his acts he had signified his assent. modern writers make a class of actions), in which
(Cic. Pro Q. Roscio, c. 2; Hor. Se?-nz. i. 5. 35.)  the matter for ilquiry was, whether a certain person
No form of words was necessary for appointing a  was a freedman, what was the amount of a dos, and
procurator, and he might be appointed without the  other similar questions, when a fact solely was the
knowledge of the opposite party.                   thing to be ascertained.
In  many cases both plaintiff and  defendant    Whenever the formula contained the condem.
might be required to give security (satisdare); for natio, it was framed with the view to pecuniary
instance, in the case of an rctio in rein, the de-  damages; and accordingly, even when the plaintiff
fendant who was in possession was required to  claimed a particular thing, the judex did not
give security, in order that if he lost his cause and  adjudge the defendant to give the thing, as was
did not restore the thing, nor pay its estimated  the ancient practice at Rome, but condemned himn
valuse, the plaintiff might have an action against in a sum of money equivalent to the value of the
him  or his sureties.  When the actio in res was  thing.  The formula might either name a fixed
prosecuted by theljbrrnulalpetitoria, that stipulatio  sumn, or leave the estimation of the value of the
was made which was called jud2icatz   solvi. As to  thing to the judex, who in all cases, however, was
its prosecution by the sponiio, see SPONsin and  bound to name a definite sunm in the condemnation.
CENTUMVIRI.  If the plaintiff sued in his own    The formula then contained the pleadings, cr
name, he gave no security; nor was anly security  the statements  and  counter-statements, of the
required, if a cognitor sued for him, either firom   plaintiff and the defendant; for the intentio, as we
the cognitor or the plaintiff himself, for the cog-  have seen, was the plaintiff's declaration; and if
nitor was personally liable.  But if a procurator  this was met by a plea, it was necessary thlat this
acted for him, he was obliged to give security that  also should be inserted in the formula.   The
the plaintiff would adopt his acts; for the plaintiff formula also contained the directions for the judex,
was not prevented from  bringing another action  and gave him the power to act.  The English and
when a procurator acted for him.  Tutors and  Roman procedure are severally stated  in  Mr.




ACTO(R.                                          ACUS.                      13
Spence's work on the Equitable Jurisdiction of the  18), the actor publicus was the representative' of
Court of Cliancery, pp. 206-235.  The Roman  the community  (1espublica) of Comum.  (Tacit.
forms of procedure underwent various changes in  Ann. ii. 30, iii. 67; Lips. Excuzrs. ad Tasvt. Anv. ii
the course of time, which it is not very easy to  30.)                                    [G. LI
describe; but it has been remarked by Hollweg    ACTUA'RIAE  NAVES.  [NAVIs.]
(Handbuch des Civilprozesses, p. 19) that the system  ACTUA'RII, or ACTA'RI I, clerks who comof procedure maintained itself in all essential par-  piled the Acta Publica. [ACTA, p. 8, b.]  The
ticulars unaltered for many centuries, and what name is also sometimes given to the Notarii;, or
we learn from Cicero (B. c. 70) is almost the same  short-hand writers, who took down the speeches
as what we learn from Gaius (A. D. 160).  Modern  in the senate and the courts <Suet. Jul. 55; Sen.
writers, however, differ on various points; and the  Ep. 33); respecting whom  and the use of shortsubject requires a complete examination from one  hand among the Romans, see NOTARII.
who is fully acquainted with the Roman law, aId    2. Military officers whose duty it was to keep
practically versed in the nature of legal proceedings  the accounts of the army, to see that the congenerally.                                         tractors supplied the soldiers with provisions acThe following are the principal actions which  cording to agreement, &c. (Amm. Marc. xx. 5
we read of in the Roman writers, and which are  Cod. 12. tit. 37. s. 5. 16; 12. tit. 49.)
briefly described under their several heads: —    3. The title of certain physicians at the court
Actio —Aquae  pluviae arcendae; Bonorum  vi of Constantinople. [MEDICUS.]
raptorum; Certi et Incerti; Commodati; Com-    ACTUS, a Roman measure of land, which
muni dividundo; Confessoria; Damni injuria dati;  formed the basis of the whole system  of land
Dejecti vel effusi; Depensi; Depositi; De doloe  measurement. In that system the name actus (from
malo; Emti et venditi; Exercitoria; Ad Exhi-  ago), which originally meanta way between fields
bendum; Familiae erciscundae; Fiduciaria;  Fi- for beasts of burthen to pass (or, as some say,
nium regundorum; Furti; Hypothecaria; Injuria-  the length of a furrow), was given to such a way
rum; Institoria; Judicati; Quod jussu; Legis  when of a definite width and length, and also to
Aquiliae; Locati et conducti; Mandati; Mutui; a square piece of land of the same length.  The
N egativa; Negotiorum  gestorum; Noxaiis; De  former was called actus minimuns or sinsplex, and
pauperie;  De peculio; Pignoraticla,  or Pignora-  was 120 feet (Roman) long by 4 feet wide. (Varro,
titia; Publiciana; Quanti minoris; Rationibus  L. L. iv. 4, or v. 34, Miiller; Column. v. 1. ~ 5,
distrahendis; De recepto; Redhibitoria;  Rei ed. Schneider; Festus, s.v. iter inter vicinos IF.
uxoriae, or Dotis; Restitutoria and Rescissoria; pedumn latzm).  The actus quadratus, which was
Rutiliana; Serviana; Pro  socio; Tributoria; the square unit in the system  of Roman landTutelae.                               [G. L.]    measurement, was of the same length as the actts
ACTOR  signified generally a plaintiff.  In a  minimzts, and of a width equal to its length: it
civil or private action, the plaintiff was often called  was thus 120 feet square, and contained 14,400
)etitor; in a public action (causa publica), he was  square feet.  It was the half of a juger.  (Colum.
called accusator.  (Cic. ad Att. i. 16.)  The de-  I.e.; Varro, l.c.,andR.R. R.i. 10. ~ 2, ed. Schneider).
fendant was called resis, both in private and public  The following are the etymological explanations of
causes: this term, however, according to Cicero  the word: Actus vocabatur, in quo bores agerentus
(De Orat. ii. 43), might signify either party, as in-  cuin aratro, zio imnpetSu justo (Plin. xviii. 3); Ut
deed we might conclude from the word itself.  In  ager qubo ctipoterat, sic qua api actus. (Varro, L. L.
a private action, the defendant was often called  1. c.)  The ac~ts furnishes an example of the use of
adversariits,  but either party might be called ad-  the number twelve among the Romans, its length
versarius with respect to the other.  Originally, no  being twelve times the  standard DECEMPEDA.
person who was not sui julris could maintain an  Columella (I. c. ~ 6) says that the Gauls called the
action; a flius familias, therefore, and a slave, actus quEadratus, aripennis; but this could only be
could not maintain an action; but in course of an approximate identification, for the actus quatime certain actions were allowed to afiliusfamilias  dratlts is somewhat smaller than the great French
in the absence of his parent or his procurator, and  aspent and much larger than the small arpent.
also in case the parent was incompetent to act. (Compare ACNA; Niebuhr, Hist. ofRome, vol. ii.
from madness or other like cause. (Dig. 47. tit. 10. Appendix I.)                          [P. S.]
s. 17.)  Wards (pztpilli) brought their actions by    ACTUS.  [SERVITtVTES.]
their tutor (tutor); and in case they wished to    ACUS (,8EXvxY, eXkorVis, paefs), a needle, a pin.
bring an action against their tutor, the praetor  The annexed figures of needles and pins, chiefly
named a tutor for the purpose.  (Gaius, i. 184.)
Peregrini, or aliens, originally brought their action
through their patronuss;  it afterwards in their 
own name, by a fiction of law, that they Were
Roman citizens.  A  Roman citizen might also
generally bring his action by means of a cognitor
or procurator.  [ACTIO.]  A  universitas or corporate body, sued and was sued by their actor or
syndicus.  (Dig. 3. tit; 4.)
Actor has also the sense of an agent or manager
of another's business generally. The actor publicus
was an officer who had the superintendence or care
of slaves belonging to the state.  Lipsius Says that
the actor publicus was a slave or freedman. A slave
could acquire property for others, though not for
himself. In the case mentioned ty Pliny (Ep. vii




14                ADLECTI.                                        ADOPTIO.
taken from originals in bronze, vary in length from  scripti as he had done of the adlecti, and Livy (ii.
an inch and a half to about eight inches.        1) says conscriptos in novum senatum appellabant
Pins were made not only of metal, but also of lectos.
wood, bone, and ivory.  They were used for the    2. Those persons under the empire who were
same purposes as with us, and also in dressing the  admitted to the privileges and honours of the praehair.  (Mart. xiv. 24.)  The mode of platting the  torship, quaestorship, aedileship, and other public
hair, and then fastening it with a pin or needle, is  offices, without having any duties to perform.
shown in the annexed figure of a female head, (Capitolin. Pertin. 6.)  In inscriptions we contaken from a marble group which was found at stantly find, adlectus inter tribunos, inter quaestores,
Apt, in the south of France.  (Montfaucon, Ant. inter praetores, &c.
1rzxp. Suppl. iii. 3.)  This fashion has been con-    ADLECTOR, a collector of taxes in the provinces in the time of the Roman emperors. (Cod.
A_  ~., Theod. 12. tit. 6. s. 12.)
ADMISSIONA'LES were chamberlains at the
imperial court, who introduced persons to the
presence of the emperor.  (Lamprid. Sever. 4;
officium admissionis, Suet. Vesp. 14.)  They were
divided into four classes; the chief officer of each
class was called proximus adm'ssionumn  (Amm.
ju'           Marc. xxii. 7); and the proximrni were under the
magister admissionum.  (Amm. Marc. xv. 5; Vop.
A.urel. 12.)   The  admissionales were usually
freedmen.  (Cod. Theod. 6. tit. 2. s. 12; tit. 9.
s. 2; tit. 35. s. 3.)
Friends appear to have been called amici admissionis primae, secundae, or tertiae. According to
some writers, they were so called in consequence
of the order in which they were admitted; accord<,.                ing to others, because the atrium was divided into
different parts, separated from one another by
tinued to our own times by the females of Italy, hangings, into which persons were admitted acand of some parts of Germany, as for instance, in  cording to the different degrees of favour in which
the neighbourhood of Coblenz.                    they were held.  (Sen. de Benet. vi. 33, 34, Clea.
ADDICTI.  [NExi.]                             i. 10.)
ADDI'CTIO.  [AcTIO.]                             ADOLESCENS.  [INFANS.]
ADDIX  (&668t, &68L5,s), a Greek measure of    ADO/NIA ('Acviea), a festival celebrated in
capacity, equal to four XoiLvKes.  (Hesych. s. v.; honour of Aphrodite and Adonis in most of the
Schol. ad Horn. Od. 19.)              [P. S.]    Grecian cities, as well as in numerous places in
ADEIA (&beLa), freedom from fear, or security, the East.  It lasted two days, and was celebrated
in any public action.  When any one in Athens, by women exclusively.  On the first day they
who had not the full privileges of an Athenian  brought into the streets statues of Adonis, which
citizen, such as a foreigner, a slave, &c., wished to  were laid out as corpses; and they observed all
accuse a person of any offence against the people, the rites customary at funerals, beating themselves
he was obliged to obtain first permission to do so, and uttering lamentations.  The second day was
which permission was called adeia.  (Plut. Pericl. spent in merriment and feasting; because Adonis
31.)  An Athenian citizen who  had  incurred  was allowed to return to life, and spend half of
atirnia, was also obliged to obtain adeiac before he  the year with Aphrodite. (Aristoph. Pax, 412,
could take part in public affairs (Plut. Phoc. 26); Schol. ad loc.; Plut. Alcib. 18, Nic. 13.)  For
and it was not lawful for any one to propose to the  fuller particulars respecting the worship and festipeople, that an atimus should be restored to his  vals of Adonis, see Dict. of Biogr. s. v. Adonis.
rights as a citizen, or that a public debtor should    ADO'PTIO, adoption.  1. GREERK, was called
be released from  his debt, till adeia had been  by the Athenians eZi7roi'tos, or sometimes simply
granted for this purpose by a decree passed in an Irofl7eLs or driaos. The Greek writers use B4tls
assembly of 6000 citizens voting secretly by ballot. also as equivalent to the Roman adoptio, and &esroi
(Dem. c. Timocr. p.'715; Andoc. de Myst. p. 36; as equivalent to aldoptivi. (App. B. C. iii. 13, 14.)
Biickh, Public Economny of Athens, p. 392, 2d ed.)  The adoptive father was said 7roleT0Oai, elo7roLe?ADE'MPTIO.  [LEGATUM.]                         o'rOe or sometimes 1rote7v: and the father or mother
ADGNA'TI.  [COGNATI.]                          (for a mother after the death of her husband
ADGNA'TIO.  [HERES; TESTAMENTUM.]  could consent to her son being adopted) was said
ADI/TIO HEREDITA'TIS.  [HERas.]                iIc7rOLeW?: the son was said irc7roedeOal, with reADJUDICA'TIO.  [AcTIO.]                        feTence to the family which he left; and eiorotE.ADLEC'TI or ALLECTI. 1. Those who were  Oeat, with reference to the family into which he was
chosen to fill up a vacancy in any office or colle- received.  The son, when adopted, was called
gium, and especially those who were chosen to fill I7roL7Tlr, eiarotmlOrTs, ord 3es: in opposition to the
up the proper number of the senate.  As these  legitimate son born of the body of the father, who
would be generally equites, Festus (s. v.) defines  was called yvi1r0os.
the adlecti to be equites added to the senate: and    A man might adopt a son either in his lifetime
he appears in this passage to make a difference be-  or by his testament, provided he had no male offtween the adlecti and conscripti.  But they were  spring and was of sound mind.  He might also, by
probably the same; for in another passage (s. v. testament, name a person to take his property, in
conscripti), he gives the same definition of the con- case his son or sons should die under age, (Dem.




ADOPTIO.                                       ADOPTIO.                     15
KaT'&,'rccaVov vTEVE. 13.)  If he  had male    2. ROMAN.  The Roman term was adoptio or
offspring, he could not dispose of his property.  adoptatio. (Gell. v. 19.)  The Roman relation of
This rule of law was closely connected with the  parent and child arose either from a lawful marrule as to adoption; for if he could have adopted  riage or from adoption. Adoptio was the general
a son when he had male children, such son would  name which comprehended the two species, adoptio
have shared his property with the rest of his male  and adroyatio; and as the adopted person passed
children, and to that extent the father would have  from his own familia into that of the person adoptexercised a power of disposition which the law de- ing, adoptio caused a capitis diminutio, and the
nied him.                                        lowest of the three kinds. Adoption, in its specific
Only Athenian citizens could be adopted; but sense, was the ceremony by which a person who
females could be adopted (by testament at least) as  was in the power of his parent ( in potestate parenwell as males. (Isaeus, IIep Tro0'Ayviov KXApov.) turm), whether child or grandchild, male or female,
The adopted child was transferred from his own  was transferred to the power of the person adopting
family and demus into those of the adoptive  him.  It was effected under the authority of a
father; he inherited his property and maintained  magistrate (magistratus), the praetor, for instance,
the sacra of his adoptive father.  It was not at Rome, or a governor (praeses) in the provinces.
necessary for him to take his new father's name, The person to be adopted was mancipated [MANbut he was registered as his son. The adopted  CIPATIO] by his natural father before the comson might return to his former family, in case he  petent authority, and surrendered to the adoptive
left a child to represent the family of his adoptive  father by the legal form called injure cessio. (Gell.
father: unless he so returned, he lost all right v. 19; Suet. Azug. 64.)
which he might have had on his father's side if he    When a person was not in the power of his
had not been adopted; but he retained all rights parent (sui juris), the ceremony of adoption was
which he might have on his mother's side, for called adroyatio.  Originally, it could only be
the act of adoption had no effect so far as concerned  effected at Rome, and only by a vote of the
the mother of the adopted person; she still con- populus ( populi auctoritate) in the comitia curiata
tinned his mother after the act of adoption.     (lege curita) ); the reason of this being that the
The next of kin of an Athenian citizen were  caput or status of a Roman citizen could not,
intitled to his property if he made no disposition  according to the laws of the Twelve Tables, be
of it by will, or made no valid adoption during his affected except by a vote of the populus in the
lifetime; they were, therefore, interested in pre- comitia curiata.  Clodius, the enemy of Cicero,
venting fraudulent adoptions.  The whole com- was adrogated into a plebeian family by a lex
munity were also interested in preventing the in- curiata, in order to qualify himself to be elected a
troduction into their body of a person who was not tribunus plebis. (Cic. ad Alt. ii. 7, p. Dom.)
an Athenian citizen.  To protect the rights of the  Females could not be adopted by the adrogatio.
next of kin against unjust claims by persons who  Under the emperors it became the practice to effect
alleged themselves to be adopted sons, it was re- the adrogatio by an imperial rescript (principis
quired that the father should enter his son, whether auctoritate, ex rescripto principis); but this practice
born of his body or adopted, in the register of his  had not become established in the time of Gainus,
phratria (ppaerpibc, -ypauaCCoreo') at a certain  or, as it appears, of Ulpian.  (Compare Gaius, i.
time, the Thargelia (Isaeus, IIepl -ro'AiroXAobc&p.  98, with Gaius as cited in Dig. i. tit. 7. s. 2; and
KXipov, 3, 5), with the privity of his kinsmen and  Ulpian, Frag. tit. 8.)  It would seem, however,
phratores (yevvhiraT, <pparopEs).   Subsequently  from a passage-in Tacitus (Hist. i. 15), that Galba
to this, it was necessary to enter him  in the  adopted a successor without the ceremony of the
register of the adoptive father's demus (Ax7LapX1Cbv  adrogatio.  By a rescript of the Emperor AntoypatulTareov,), without which registration it ap- ninus Pius, addressed to the pontifices, those who
pears that he did not possess the full rights of were under age (impuberes), or wards (pupilli),
citizenship as a member of his new demus.        could, with certain restrictions, be adopted by the
If the adoption was by testament, registration  adrogatio.  If a father who had children in his
was also required, which we may presume that the  power consented to be adopted by another person,
person himself might procure to be done, if he was both himself and his children became in the power
of age, or, if not, his guardian or next friend.  If of the adoptive father.  All the property of the
a dispute arose as to the property of the deceased  adopted son became at once the property of the
(KAXjpou BLCaLlcaoCa) between the son adopted by  adoptive father. (Gaius, ii. 98.)  A person could
testament and the next of kin, there could properly  not legally be adopted by the adrogatio till he had
be no registration of the adopted son until the tes- made out a satisfactory case (justa, bona, causa)
tament was established.  If a man died childless to the pontifices, who had the right of insisting on
and intestate, his next of kin, according to the  certain preliminary conditions.  This power of the
Athenian rules of succession (Dem. ITpbs AcoEX. pontifices was probably founded on their right to
c. 6), took his property by the right of blood  preserve the due observance of the sacra of each
(a'yXLoreTa  eraTa?yeos).   Though registration  gens. (Cic. p. Dom. 13, &c.)  It would accordmight in this case also be required, there was no  ingly have been a good ground of refusing their
adoption properly so called, as some modern writers  consent to an adrogatio, if the person to be adopted
suppose; for the next of kin necessarily belonged  was the only male of his gens, for the sacra would
to the family of the intestate.                  in such case be lost.  It was required that the
The rules as to adoption among the Athenians  adoptive father also had no children, and no reaare not quite free from difficulty, and it is not easy  sonable hopes of any; and that he should be older
to avoid all error in stating them.  The general than the person to be adopted.  It is generally
doctrines may be mainly deduced from the orations  assumed that all adrogations were made before the
of Isaeus, and those of. Demosthenes against curiae.  Gains, however, and Ulpian use the exMacartatus and Leochares.                        pressions perpopulum, auctoritate populi, expressions




16                ADORATIO.                                 ADULTEPRIUM.
of very doubtful import with reference to their stretched out his right hand to the statue of the
period. After the comitia curiata fell into disuse, god whom he wished to honour, then kissed his
it is most probable that there was no formal as- hand and waved it to the statue.  While doing
sembly of the curiae, and that they were repre- this he moved round his whole body, for which
sented by the thirty lictors.                  custom  Plutarch (Nums. 14) gives some curious
A woman could not adopt a person, for even her reasons; but the true reason probably was, that
own children were not in her power.            the person might be the more surely put into coinThe rules as to adoption which the legislation  munication with the deity, as it was uncertain
of Justinian established, are contained in the In- where he would reveal himself as the detls
stitutes (i. tit. 1 1).                        praesens.  It was also the practice to have the
The effect of adoption, as already stated, was to  head and ears covered, so that only the forepart of
create the legal relation of father and son, just as the face remained uncovered. (Plin. NA H. xxviii.
if the adopted son were born of the blood of the  5; Mlinucius Felix, 2; Lucret. v. 1197.)  The
adoptive father in lawful marriage.  The adapted  adoratio differed from the oratio or prayers, which
child was intitled to the name and sacra privata  were offered with the hands folded together and
of the adopting parent, and it appears that the  stretched out to the gods, the natural attitude prepreservation of the sacra privata, which by the  scribed by nature to the suppliant, and which we
laws of the Twelve Tables were made perpetual, find mentioned by Homer.  (I. vii. 177; *V7r'rawas frequently one of the reasons for- a childless arelara Xepwv,  jEsch. Prom. 1004; caelo supienas
person adopting a son. In case of intestacy, the ferre manus, Her. Carue. iii. 23.. 1.) The adoration
adopted child would be the heres of his adoptive  paid to the Roman emperors was borrowed from
father.  He became the brother of his adoptive  the eastern mode of adoration, and consisted in
father's daughter, and therefore could not marry  prostration on the ground, and kissing the feet and
her; but he did not become the son of the adoptive knees of the emperor.
father's wife, for adoption only gave to the adopted    ADROGA'TIO.  [ADOPTO (ROMAN).]
son the jura agnationis. (Gaius, i. 97-107; Dig.    ADSCRIPTI'VI.  [AccErNS.]
I. tit. 7; Cic. p. Domo.)                        ADSERTOR.  [ASSERTOR.]
The phrase of "adoption by testament" (Cic.   ADSESSOR.  [AssEssoR.]
B'ru. 58) seems to be rather a misapplication of   ADSIGNA'TIO.   [AGRARIAE  LEGES  and
the term; for though a man or woman might by  AGER.]
testament name a heres, and impose the condition    ADSTIPULA'TIO.  [OBLIn ATIONES.]
of the heres taking the name of the testator or    ADSTIPULA'TOR.  [INTERCESSIO.]
testatrix, this so-called adoption could not produce    ADULTUS, [INFANS.]
the effects of a proper adoption.  It could give to    ADULTER'IUM, adultery.    l. GREEK.
the person so said to be adopted, the name or pro- Among the Athenians, if a man caught another:perty of the testator or testatrix, but nothing more. man iu the act of criminal intercourse (,/oLXe1a)
Niebuihr (Lectures, vol. ii. p. 100) speaks of the  with his wife, he might kill him with impunity;
testamentary adoption of C. Octavius by C. Julius and the law was also the same with respect to a
Caesar, as the first that he knew of; but the pas- concubine (oraXaiaKi).  He might also inflict other
sage of Cicero in the Brutus and another passage  punishment on the offender. It appears that among,(Ad itst. viii. 8), show that other instances had  the Athenians there was no adultery, unless a
occurred before. A person on passing from one married woman was concerned. (Lysias,'T7rEp TOV
gens into another, and taking the name of his new'EpaToode&owl 4Do'vou.)  But it was lno adultery for
flamilia, generally retained the name of his old gens a man to have connection with a married womanl
also, with the addition to it of the termination  who prostituted herself; or who was engaged in
anus. (Cic. ad Att. iii. 20, and the note of Vic- selling any thir.g in thle agora. (Demosth. KaTi
torius.) Thus, C. Octavius,afterwards the Emperor Neatpas, c. 18.)  The Ronman law appears to have
Augustus, upon being adopted by the testament of been pretty nearly the same. (Paulus, Sent. Receit.
his uncle the dictator, assumed the name of Caius vi. tit. 26.)  The husband might, if he pleased,
Julius Caesar Octavianus; but he caused the  take a sum of money from the adulterer by wa{y of
adoption to be confirmed by the curiae.  As to the  compensation, and detain him till he found sureties
testamentary adoption of C. Octavius, see Drumann, for the payment.  If the alleged adulterer had
G6eschichte Roaes, vol. i. p. 337, and the references been unjustly detained, he might bring an action
there given.  Livia was adopted into the Julia  against the husband; and, if he gained his cause,
gens by the testament of Augustus (Tac. Ann. he and his sureties were released.  If he failed,
i. 8); and it was not stated that this required any  the law required the sureties to deliver up the
confirmation. But things were changed then. The  adulterer to the husband before the court, to do
Lex Julia et Papia Poppaea gave certain privileges  what he pleased with him, except that he was not
to those who had children, among which privileges to use a knife or dagger. (Demosth. Karo- Neaip.
was a preference in being appointed to the praetor- 18.)
ship and such offices. This led to an abuse of the    The husband might also prosecute the adulterer
practice of adoption; for childless persons adopted irn the action called txomxeiay ypa(p~.  If the act of
children in order to qualify themselves for such  adultery was proved, the husband could no longer
offices, and then emancipated their adopted chil- cohabit with his wife under pain of losing his
dren.  This abuse was checked by a senatus privileges of a citizen (&rsgia). The adulteress was
consultum in the time of Nero. (Tac. Ann. xv. 19; excluded even from those temples which foreign
Cic. de OQ/A iii. 18, ad A tt. vii. 8; Suet. Jul. Caes. women and slaves were allowed to enter; and if
83, Tib. 2, &c.; Heinec. Sydatasgna; Dig. 36. tit. she was seen there, any one might treat her as he
1. s. 63.)                          [G. L.]    pleased, provided he did not kill her or mutilate
ADORA'TIO (7rpototcuvqiio s) was paid to the  her. (Dem. KaTa Neaip. c. 22; Aeschin. KaEa
gods il the following manner: -The person  TSlLdPX. c. 36.)




ADULTERIUM.                                     ADVOCATUS.                    17
2. ROMaN. Adulterium  properly signifies, in  instances under the emperors in which death was
the Roman law, the offence committed by a man, inflicted, it must be considered as an extraordinary
married or unmarried, having sexual intercourse  punishment, and beyond the provisions of the
with another man's wife.  Stuprum  (called by  Julian law. (Tacit. Ann. ii. 50, iii. 24; J. Lips.
the Greeks cpOopd) signifies the commerce with a  Excurs. ad Tacit. Ann. iv. 42; Noodt, Op. Omn. i.
widow or a virgin.  It was the condition of the  286, &c.)  But by a constitution of Constantine
female which determined the legal character of (Cod. ix. 30, if it is genuine), the offence in the
adultery; there was no adultery unless the female  adulterer was made capital.  By the legislation of
was married.  It is stated, however (Dig. 48. Justinian (Nov. ]34. c. 10), the law  of Contit. 5. s. 13), that a woman might commit adultery  stantine was probably only confirmed; but the
whether she was "justa uxor sive injusta," the  adulteress was put into a convent, after being first
meaning of which is not quite certain; but pro- whipped.  If her husband did not take her out in
bably it means whether she was living in a mar- two years, she was compelled to assume the habit,
riage recognised as a marriage by the Roman law  and to spend the rest of her life in the convent.
or merely by the jus gentium.  The male who    The Julian law  permitted the father (both
committed adultery was adulter, the female was adoptive and natural) to kill the adulterer and
adultera.  The Latin writers were puzzled about adulteress in certain cases, as to which there were
the etymology of the word adulterium; but if we  several nice distinctions established by the law.
look to its various significations besides that of If the father killed obley one of the parties, he
illegal sexual commerce, we may safely refer it to  brought himself within the penalties of the Corthe same root as that which appears in adultus. nelian law De Sicariis.  The husband might kill
The notion is that of "growing to,"' fixing," or persons of a certain class, described in the law,
"fastening to," one tiing on another and extra- whom he caught in the act of adultery with his
neonus thing: hence, among other meanings, the  wife; but he could not kill his wife.  The husRomans used adulterium  and adulteratio as we  band, by the fifth chapter of the Julian law, could
use the -word " adulteeltion," to express the cor- detain for twenty hours the adulterer whom  he
rupting of a thing by mixing something with it of had caught in the fact, for the purpose of calling
less'value.                                    in witnesses to prove the adultery.  If the wife
In the time of Augustus a lex wam enacted  was divorced for adultery, the husband was in(probably B.c. 17), intitled Ley Jdia de Aldel- titled to retain part of the dos. (Ulpian, Fr. vi.
triis coibcendlis, the first chapter of which repealed  12.)  The authorities for the Lex Julia de Adulsome prior enactments on the same subject, with  teriis, both ancient and modern, are collected by
the provisions of which prior enactments we are, Rein, Das Criminalreclht der RMnier, 1844. [G. L.]
however, unacquainted.  Horace (CarGn. iv. 5. 21)    ADVERSAIRIA,  note-book,  memorandumalludes to the Julian law.  In this law, the terms book, posting-book, in which the Romans entered
adulterium and stuprum are used indifferently; but, memoranda of any importance, especially of money
strictly speaking, theSe two terms differed as above  received and expended, which twere afterwards
stated.  The chief provisions of this law may be  transcribed, usually every month, into a kind of
collected from the Digest (48. tit. 5), from Paulus  ledger.  (Tab6lac jicstae, code accepti et expensi.)
(Sentent. Recept. ii. tit. 26. ed. Schulting), and Bris-  They were probably called Adversaria, because
sonius (Ad Leges aJzliam De Adllteriis, Lib. Sing.). they lay always open before the eyes. (Cic. p. Rosc.
It seems not unlikely that the enactments re- Cone. 3; Prop. iii. 23. 20r)
pealed by the Julian law contained special penal    ADVERSA'RIUS.  [ACTOR.]
provisions against adultery; and it is also not    ADU'NATI (&avaTo,), persons supported by
improbable that, by the old law or custom, if the  the Athenian state, who, on account of infirmity or
adulterer wlas canght in the fact, he was at the  bodily defects, were unable to obtain a livelihood.
mercy of the injured husband, and that the hus — The sum which they-received from the state apbalnd might punish with death his adulterous wife. pears to have varied at different times.  In the
(Dionys. ii. 25; Suet. Ti. 35.)  It seems, also, time of Lysias and Aristotle, one obolus a day
that originally the act of adultery might be pro- was given; but it appears to have been afterwards
secuted by any person, as being a public offence; increased to two oboli. The bounty was restricted
but under the emperors the right of prosecution  to persons whose property was under three minae.
was limited to the husband, fiather, brother, pa- It was awarded by a decree of the people; belt
truus, and avuncnlus of the adulteress.          the examination of the individuals belonged to the
By the Julian law, if a husband kept his wife  senate of the Five Hundred: the payments were
after an act of adultery was known to him, and let made by prytaneias;  Peisistratus is said to have
the adulterer off, he was guilty of the offence of been the first to introduce a law for the maintelenocinium.  The husband or father in whose  nance of those persons who had been mutilated in
power the adulteress was, had sixty days allowed  war; but, according to others, this provision defor commencing proceedings against the wife, after rived its origin from a law of Solon. (Plut. Solon.
which time any other person might prosecute. 31; Schol. ad Aesch. vol. iii. p. 738, ed. Reiske 
(Tacit. Ann. ii. 85.)  A  woman  convicted of Aesch. c. Tins. p, 123; Harpocrat. Suid. Hesych.
adultery was mulcted in half of her dos and the  s. v.; Lysias,'Tirep TO'AuvvarTov, a  speech
third part of her property (bona), and banished  written for an individual in order to prove that he
(relegata) to some miserable island, such as Seri- was intitled to be supported by the state; Bicklh,
phos, for instance.  The adulterer was mnulcted in  Public E con. of Athens, p. 242, &c. 2nd edit.)
half his property, and banished in like manner,    ADVOCA'TUS seems originally to have signibut not to the same island as the woman.  The  fled any person who gave another his aid in any
adulterer and adulteress were subjected also to  affair or business, as a witness for instance (Varr.
civil incapacities; but this law did not inflict the  De Re Rust. ii. c. 5); or for the purpose of aiding
pumishment of death on either party; and in those  and protecting him in taking possession of a piece
c




18                AEDILES.                                         AEDILES.
of property.  (Cic. pro Caecin. c. 8.)  It was  of buildings, both sacred and private: under this
also used to express a person who gave his advice  power they provided for the support and repair of
and aid to another in the management of a cause, temples, cllrie, &c., and took care that private
as a juris-consultus did; but the word did not buildings which were in a ruinous state (aedes
signify the orator or patronus who made the speech  vitiosae, ruinosae) were repaired by the owners, or
(Cic. de Orat. ii. 74) in the time of Cicero. Under pulled down. The superintendence over the supply
the emperors, it signified a person who in any way  and distribution of water at Rome was, at an early
assisted in the conduct of a cause (Dig. 50. tit. 13. period, a matter of public administration.  A cs. 1), and was sometimes equivalent to orator. cording to Frontinus, this was the duty of the
(Tacit. Ann. x. 6.)  The advocate had then a fee, censors; but when there were no censors, it was
which was called honorarium.  [ORATOR, PA- within the province of the aediles.  The care of
TRONUS, LEx  CINCIA.]                            each particular source or supply was farmed to unThe advocatus is defined by Ulpian (Dig. 50, dertakers (rede7zptores), and all that they did was
tit. 13) to be any person who aids another in the  subject to the approbation of the censors or the
conduct of a suit or action; but under the empire  aediles. (De Aquaeduct. Romt. lib. ii.) The care of
the jurisconsulti no longer acted as advocates, in  the streets and pavements, with the cleansing and
the old sense of that term.  They had attained a  draining of the city, belonged to the aediles, and
higher position than that which they held under the care of the cloacae.  They had the office of
the republic.                                    distributing corn among the plebes, which was
The advocatus fisci was an important officer sometimes given gratuitously, sometimes sold at a
established by Hadrianus.  (Spart. Hadsan. 60.)  cheap rate; but this distribution of corn at Rome
It was his business to look after the interests of must not be confounded with the duty of purchasing
the fiscus or the imperial treasury, and, among  or procuring it from foreign parts, which was perother things, to maintain its title to bona ccdscar. formed by the consuls, quaestors, and praetors, and
The various meanings of advocatus in the Middle  sometimes by an extraordinary magistrate, as the
Ages are given by Du Cange, Gloss.  (Dig. 28. praefectus annonae.  The aediles had to see that
tit. 4. s. 3; Hollweg, flandbuch des Civilprozesses, the public lands were not improperly used, and
p. 196.)                              [G. L.]   that the pasture-grounds of the state were not
A'DYTUM.  [TEMPLUM.]                          trespassed on; and they had power to punish by
AEACEIA  (adtKceca), a festival of the Aegi-  fine any unlawful act in this respect.  The fines
netans in honour of Aeacus, the details of which  were employed in paving roads, and in other
are not known.  The victor in the games which  public purposes.  They had a general superinwere solemnised on the occasion, consecrated his tendence over buying and selling, and, as a conchaplet in  the  magnificent temple of Aeacus. sequence, the supervision of the markets, of things
(Schol. ad Pind. 01. vii. 156, xiii. 155; Muller, exposed to sale, such as slaves, and of weights and
Aegineticn, p. 140.)                  [L. S.]    measures: from this part of their duty is derived
AEDES.  [DoMus; TEMIPLUM.]                    the name under which the aediles are mentioned
AEDES VITIO'SAE, RUINO'SAE. [DAM- by the Greek writers (&ayopaPv1oi).  It was their
NUM INFECTUM.]                                   business to see that no new deities or religious
AEDI'CULAE, signifies in the singular, aroom, rites were introduced into the city, to look after
but in the plural, a small house.  It is, however, the observance of religious ceremonies, and the
more frequently used in the sense of a shrine, at- celebrations of the ancient feasts and festivals.
tached to the walls of temples or houses) in which  The general superintendence of police comprethe statue of a deity was placed.  The aediculae  hended the duty of preserving order, decency, and
attached to houses, sometimes contained the pe- the inspection of the baths, and houses of enternates of the  house, but more  frequently the  tainment, of brothels, and of prostitutes.  The
guardian gods of the street in which they were  aediles had various officers under them, as praeplaced.  (Liv. xxxv. 41; Petron. 29.)           cones, scribae, and viatores.
AEDI'LES (&yopavod'lol).  The name of these    The Aediles Curules, who were also two in
functionaries is said to be derived from  their  number, were originally chosen only from the pahaving the care of the temple (aedes) of Ceres. tricians, afterwards alternately from the patricians
The aediles were originally two in number, and  and the plebes, and at last indifferently from
called aediles plebeii they were elected from the  both. (Liv. vii. 1.)  The office of culrule aediles
plebes, and the institution of the office dates from  was instituted B. C. 36d, and, according to Livy
the same time as that of the tribuni plebis, B. C. on the occasion of the plebeian aediles refusing to
494.  Their duties at first seem  to have been  consent to celebrate the ludi maximi fot the space
merely ministerial; they were the assistants of of four days instead of three; upon which a
the tribunes in such matters as the tribunes en- senatus consultum  was passed, by  which two
trusted to them, among which are enumerated the  aediles were to be chosen from  the patricians.
hearing of causes of smaller importance.  At an  From this time four aedites5 two plebeian and
early period after their institution (B. c. 446), we  two curule, were annually elected.  (Liv. vi. 42.)
~find them  appointed the keepers of the senatus  The distinctive honours of the aediles curules
consulta, which the consuls had hitherto arbitrarily  were, the sella cutslis, from whence their title is
suppressed or altered. (Liv. iii. 55.)  They were  derived, the toga praetexta, precedence in speaking
also the keepers of the plebiscita. Other functions  in the senate, and  the jus imaginum.  (Cic.
were gradually entrusted to them, and it is not  JVerr. v. 14.)  Only the aediles curules had the
always easy to distinguish their duties from some  jus edicendi, or the power of promulgating edicta
of those which belong to the censors; nor to dis-  (Gaius, i. 6); bult the rules comprised in their
tinguish all the duties of the plebeian and curule  edicta served for the guidance of all the aediles.
aediles, after the establishment of the curule  The edicta of the curule aediles were founded on
a:dileship. They had the general supnrint:ndence  their authority as superintendents of the markets,




AEDILES.                                           AEDILES.                     19
and of bulying and selling in general. Accordingly,  not have been of any great importance after the
their edicts had mainly, or perhaps solely, reference  institution of a praefectus annonae by Augustus
to the rules as to buying and selling, and contracts  there is no doubt that it existed for several cenfor bargain and sale.  They were the foundation  turies, and at least as late as the time of Gordian.
of the actiones aediliciae, among which are included  The  aediles  belonged  to the  class of the
the actio redhibitoria, and quanti minoris. (Dig. 21. minores magistratus.   Dionysius states that the
tit. 1. DeAedilicio Edicto; Gell. iv. 2.)  A great aediles were  originally  chosen at the comitia
part of the provisions of the aediles' edict relate to  curiata (ix. 43); but this is not probable.  The
the buying and selling of slaves.  The persons  plebeian aediles were originally chosen at the
both of the plebeian and curule aediles were sa-  comitia centuriata, but afterwards at the comitia
crosencti.  (Liv. iii. 55.)                        tributa (Dionys. vi. 90. ix. 43. 49; Liv. ii. 56,
It seems that after the appointment of the  57), in which comitia the curule aediles also were
curule aediles, the functions formerly exercised  chosen, at the same time (Plut. iMlarius, 5); but
by the plebeian aediles were exercised, with some  it appears that there was a separate voting for
few  exceptions, by all the aediles indifferently. the curule and the plebeian aediles, and that the
Within five days after being elected or entering  curule aediles were elected first.  It appears that
on office, they were required to determine by lot, until the lex annalis was passed, a Roman citizen
or by agreement among themselves, what parts of might be a candidate for any office after completing
the city each should take under his superintend-  his twenty-seventh year.  This lex annalis, which
ence; and each aedile alone had the care of was passed at the instance of the tribune L.
looking after the paving and cleansing of the  Villius Tappulus, B. c. 180, fixed the age at which
streets, and other matters, it may be presumed, of each office might be enjoyed.  (Liv. xl. 44.)
the same local character within his district. (Tabul.  The passage of Livy does not mention what were
Herael. ed. Mazoch.)                              the ages fixed by this law; but it is collected
In the superintendence of the public festivals  from  various passages of Roman writers, that the
and solemnities, there was a further distinction  age fixed for the aedileship was thirty-six.  This,
between the two sets of aediles.  Many of these  at least0 was the age at which a man could be a
festivals, such as those of Flora (Cic. Verr. v. 14; candidate for the curule aedileship, and it does not
Ovid. Fast. v. 278, &c.) and Ceres, were superin-  appear that there was a different rule for the
tended by either set of aediles indifferently; but plebeian aedileship.  In Cicero's time, the aediles
the plebeian games (plebeii ludi) were under the  were elected some time in July, the usual place of
superintendence of the plebeian aediles (Liv. xxxi. election was the Field of Mars (Campus Martius),
50.), who had an allowance of money for that and the presiding magistrate was a consul.
purpose; and the fines levied on the pecuarii,    The aediles existed under the emperors; but
and others, seem  to have been appropriated to  their powers were gradually diminished, and their
these anlong other public purposes.  (Liv. x. 23; functions exercised by new officers created by the
xxvii. 6; Ovid. Fast. v. 278, &c.)  The celebra-  emperors.  After the battle of Actium, Augustus
tion of the Ludi magni or Romani, of the Ludi appointed a praefeetus urbi, who:exercised the
scenici, and the Ludi Megalesii or Megalenses, general police- which had formerly been one of the
belonged specially to the curule  aediles (Liv.  duties of the a;ediles.  Augustus also took from
xxxi. 50; and the Didascaliae to the plays of the aediles, or exercised himself, the office of
Terence), and it was on such occasions that they  superintending the religious rites, and the banishoften incurred a prodigious expense, with the view  ing from  the city of all foreign ceremonials; he
of pleasing the people and securing their votes in  also assumed the superintendence of the temples,
future elections.  This extravagant expenditure c~ and thus may be said to have destroyed the aedilethe aediles arose after the close of the second  ship by depriving it of its old and original funcPunic war, and increased with the opportunities  tion.  This will serve to explain the fact menwhich individuals had of enriching themselves  tioned by Dion  Cassius (lv. 24), that no one
after the Roman arms were carried into Greece, was willing to hold so contemptible an office, and
Africa, and Spain. Even the prodigality of the em-  Augustus was therefore reduced to the necessity
perors hardly surrpassed that of individual curule  of compelling persons to take it: persons were acaediles under the republic; such as C. Julius  cordingly chosen by lot, out of those who had
Caesar (Plut. Caesar, 5) afterwards the dictator, served the office of quaestor and tribune; and this
P. Cornelius Lentulus Spinther; and, above all, was dmle more than once. The last recorded inM. Aemnilius Scaurus, whose expenditure was not stance of the splendours of the aedileship is the
limited to bare show, but comprehended objects  administration of Agrippawho volunteered totake
of public- utility, as the reparation of walls, dock-  the office, and repaired all the public buildings and
yards, ports, and aquaeducts.  (Cic. de Qff ii. 17; all the roads at his own expense, without drawing
Plin. HI. N. xxxiii. 3, xxxvi. 15.)  An instance is  anything from the treasury.  (Dion Cass. xlix. 43;
mentioned by Dion Cassius (xliii. 48) of the Ludi  Plin. H. N. xxxvi. 15.)  The aedileship had,
Megalesii being superintended by the plebeian  however, lost its true character before this time.
aediles; but it was done pursuant to a senatus  Agrippa had already been consul before he accepted
conlsultum, and thus the particular exception con- the office of aedile, nltd his munificent expenditure
firms the general rule.                            in this nominal office was the close of the splendour
In B. c. 45, Julius Caesar caused two curule  of the aedileship.  Augustus appointed the curule
aediles and four plebeian aediles to be elected; aediles specially to the office of putting olt fires,
end thenceforward, at least so long as the office of and placed a body of 600 slaves at their command;
aedile was of any importance, six aediles were  but the praefecti vigilum afterwards performed this
annually elected.  The two new plebeian aediles  duty.  In like manner the curatores viarum were
were called Cereales, and their duty was to look  appointed by him  to superintend the roads near
after the supply of corn.  Though their office may  the city, and the quatuorviri to superintend those
c2




20    AEGINETARUMI FERIAE.                                           AEGIS.
within Rome.  The curatores operunt publicoruz  acted themselves as attendants, though not withand the curatores alvei Tiberis, also appointed by  out rejoicings.                     [L. S.]
Augustus, stripped the aediles of the remaining    AEGIS  (aoiyfs), the shield of Zeus, signifies
few duties that might be called honourable. They  literally a goat-skin, and is formed on the same
lost also the superintendence of wells, or springs, analogy with y'Epis, a fawn-skin. (Herod. iv. 189.)
and of the aquaeducts.  (Frontinus ii. De Aquae- According to ancient mythology, the aegis worn by
ductibus.)  They retained, under the early em- Zeus was the hide of the goat Amraltheia, which
perors, a kind of police, for the purpose of repress- had suckled him in his infancy.  Hyginus relates
ing open licentiousness and disorder: thus the  (Astron. Poet. 13), that, when he was preparing
baths, eating-houses, and brothels were still sub- to resist the Titans, he was directed, if he wished
ject to their inspection, and the registration of to conquer, to wear a goat-skin with the head of
prostitutes was still within their duties. (Tacit. the Gorgon.  To this particular goat-skin the term
dAnnal. ii. 85.) We read of the aediles under aegis was afterwards confined.  Homer always reAugustus making search after libellous books, in  presents it as part of the armour of Zeus, whom on
order that they might be burnt; and also under this account'he distinguishes by the epithet aegqisTiberius (Tacit. Ann. iv. 35.)                   bearing (aiyioXos).  He, however, asserts, that it
The coloniae, and the municipia of the later  vwas borrowed on different occasions both by Apollo
period, had also their aediles, whose numbers and  (Ii. xv. 229, 307-318, 360, xxiv. 20), and by
functions varied in different places.  They seem, Athena (Il. ii. 447 —449, xviii. 204, xxi. 400).
however, as to their powers and duties, to have re-    The skins of various quadrupeds having been
sembled the aediles of Rome.  They were chosen  used by the most ancient inhabitants of Greece
annually. (De Aedil. Col., &c. Otto. Lips. 1732.)  for clothing and defence, we cannot wonder that
The history, powers, and duties of the aediles  the goat-skin was employed in the same manner.
are stated with great minuteness by Schubert, De  It must also be borne in mind that the heavy
Romasnorum nAedilibus, lib. iv. Regimontii, 1828. shields of the ancient Greeks were in part supSee also Wunder, De Romanrorums Comitiis Aedi- ported by a belt or strap (reXapamv, balteus) passing
linu  Cuzrulium, in his edition of Cicero's Oration  over the right shoulder, and, when not elevated
Pro Cn. Plancio, Leipzig, 1830.      [G. L.]    with the shield, descending transversely to the left
AEDI'TUI,  AEDI'TUMI,  AEDI'TIMI  hip.  In order that a goat-skin might serve this
(vzecKdpot, (dKcopos), persons who took care of the  purpose, two of its legs would probably be tied
temples, and attended to the cleaning of them. over the right shoulder of the wearer, the other
Notwithstanding this menial service, they partook  extremity being fastened to the inside of the shield.
of the priestly character, and are sometimes even  In combat the left arm would be passed under the
called priests by the Greek grammarians.  (Suid.  hide, and would raise it together with the shield,
Hesych. Etym. M. s.v. c(diopos; Pollux, i. 14.)  as is shown in a marble statue of Athena, preIn many cases they were women, as Timo in  served in the museum  at Naples, which, from its
Ilerodotus (vi. 134), who also speaks of her as  style of art,'may be reckoned among the most anV;ro(dKopos, from which it is clear that in some  cient in existence.
lplaces several of these priests min t have been attached to one and the same temple, and that they
differed among themselves in rank. Subsequently
the menial services connected with the office of the
~Neoco'ri were left to slaves, and the latter became a
title given to priestly officers of high rank, of whom an
account is given in a separate article. [NxocoaI.]        \          t
The aeditui lived in the temples, or near them,
and  acted  as ciceroni to those  persons who 
wished to see them.  (Plin. H. N. xxxvi. 4. ~ 10;
Cic. Veor. iv. 44; Liv. xxx. 17; Schlol. ad Hor.
Ep. ii. 1. 230.)  In ancient times the aeditui were
citizens, but under the emperors freedmen.  (Serv.
ad Virg. Aen. ix. 648.)
AEGINETA'RUM   FERITAE  (Aytlvij-7 ll.EopPT),  a festival in honour of Poseidon, which
lasted   sixteen days, during which time every
family took its meals quietly and alone, no slave
being allowed to wait, and no  stranger invited to
partake of them.  From the circumstance of each
family being closely confined to itself, those who
soleonnised this festival were called juovopa'yof.
Plutarch (Quaest. Graec. 44) traces its origin to the
Trojan war, and says that,as many of the Aeginetans
had lost their lives, partly in the siege of Troy and
partly on their return home, those who reached
their native island were received indeed with joy
by their kinsmen; but in order to avoid hurting    Other statues of Athena represent her in a state
the feelings of those families who had to lament of repose, and with the goat-skin falling obliquely
the loss of their friends, they thought it proper from its loose fastening over her right shoulder, so
neither to show their joy nor to offer any sacrifices as to pass round the body under the left annrm.  The
in public.  Every family, therefore, entertained  annexed figure is taken from a colossal statue of
privately their friends who had returned, and  Athena at Dresden.




AEGIS.                                           AEGIS.                    2L
Another mode of wearing this garment, also of
peaceful expression, is seen in a statue of Athena
at Dresden, of still higher antiquity than that last
referred to, and in the very ancient image of the    It is remarkable that although the aegis prosame goddess from the temple of Zeus at Aegina. perly belonged to Ze, yet we seldom find it as
In both of these the aegis covers the right as well  ern attribute of Zeus in w s of art.  There it as
as the left shoulder, the breast, and the back, fall- however, in the museum at Leyden, a marble statu
ing behind so as almost to reach the feet.  Schomn          t
of Zeus, found at Utica, in which the aegis hangs
thein Borttiginer's Amal  theai.215) considers this    over his left shoulder. The annexed figure is taken
the original figure of speech,  omer uses the term  from an ancient cameo.  Zeus is here represented
By a figure of speech, Homer uses the term         the aegis wrap
aegis to denote not only the goat-skin, which it with               t round the  fore part of his
properly signified, but together with it the shield  left ar    The shield is placed underneath it at
to which it belonged.  By thus understanding the
word, it is easy to comprehend both why Athena
is said to throw  her father's aegis around her
shoulders (II. v. 738, xviii. 204), and why on one
occasion Apollo is said to hold it in his hand and
to shake it so as to terrify and confound the
Greeks (II. xv. 229. 307 —321), and on another
occasion to cover with it the dead body of Hector
in order to protect it from insult (xxiv. 20).  In
these passages we must suppose the aegis to mean
the shield, together with the large expanded skin
or belt by which it was suspended from the right
shoulder.
As the Greeks prided themselves greatly on the
rich and splendid ornaments of their shields, they
supposed the aegis to be adorned in a style corresponding to the might and majesty of the father
of the gods.  In the middle of it was fixed the
appalling Gorgon's head (11. v. 741), and  its
border  was  surrounded  with  golden  tassels
(uso-aeoi), each of which was worth a hecatoinb
(ii. 446-449).  In the figures above exhibited,                    
the serpents of the Gorgon's head are transferred
to the border of the skin.
By the later poets and artists, the original conception of the aegis appears to have. been forgotten or disregarded.  They represent it as a    The Roman emperors also assumed the aegis,
breast-plate covered with metal in the form  of intending thereby to exhibit themselves in the
scales, not used to support the shield, but extend-  character of Jupiter.  Of this the armed statue of
ilg  equally on both  sides from  shoulder to  Hadrian in the British Museum presents an exshoulder; as in the annexed figure, taken from a  ample.  In these cases the more recent Roman
statue at Florence.                              conception of the aegis is of course followed, ccWith this appearance the descriptions of the  inciding with the remark of Servius (Aen. viii,
aegis by the Latin poets generally correspond. 435), that this breast-armour was called aegis
(Virg. Aen. viii. 435-438; Val. Flacc. vi. 174; when worn by a god; lorica, when worn by a man.
Sid. Apoll. Carm. 15; Sil. Ital. ix. 442.)       (Conlp. Mart. vii. 1.)                [J. Y.]
c3




22                  AENUM.                                          AERARIL.
AEINAUTAE  (avElivaOvar), magistrates  at antiquity, we find the expressions Sidonium assnzm
Miletus, consisting of the chief men in the state, Tyrium asnzmn, &c. (Ov. Past. iii. 822; *Mart.
who obtained the supreme power on the deposition  xiv. 133.)
of the tyrants, Thoas and Damasenor.  Whenever    AEO'RA, or EOZRA (acipa, &6pa), a festival
they wished to deliberate on important matters, at Athens, accompanied with sacrifices and banthey embarked on board ship (hence their name), quets, whence it is sometimes called EvU'e7rvos.
put out at a distance from land, and did not return  The common account of its origin is as follows: -
to shore till they had transacted their business. Icarius was killed by the shepherds to whom he
(Plut. Quaest. Graec. 32.)                       had given wine, and who, being unacquainted
AEIPHU'GIA  (a&ELvTyia).  [EXSILIUea.]         with the effects of this beverage, fancied in their
AEISITI (&ietLToL).  [PRYTANEIrUM.]           intoxication that he  had  given  them  poison.
AENEATO'RES  (ahenatores, Amm. Marc. Erigone, his daughter, guided by a faithful dog,
xxiv. 4), were those who blew upon wind instru-  discovered the corpse of her father, whom she
ments in the Roman army, namely, the buc- had sought a long time in vain; and, praying to
cinatores, cornicines, and tubicines, and they were  the gods that all Athenian maidens might perish
so called because all these instruments were made  in the same manner, hung herself. After this ocof aes or bronze. (Suet. Caes. 32.)  Aeneatores  cnrrence, many Athenian women actually hung
were also employed in the public games. (Sen. Ep. themselves, apparently without any motive what834.)  A colleygien aeneatorumn is mentioned in in- ever; and when the oracle was consulted respectscriptions. (Orelli, Inscr. No. 4059.)           ing it, the answer was, that Icarius and Erigone
AENIGMA (ai'vly?/a), a riddle.  It appears must be propitiated by a festival. (Hygin. Poet.
to have been a very ancient custom  among the  Astr-on. ii. 4.)  According to the Etymologoicuezs
Greeks, especially at their symposia, to amuse  Mlrgnnsum, the festival was celebrated in honour- of
themselves by proposing riddles to be solved. Erigone, daughter of Aegisthus and Clytaemnestra,
Their partiality for this sort of amusement is at- who came to Athens to bring the charge of matritested by the fact that some persons, such as  cide against Orestes before the Areiopagus; and,
Theodectes of Phaselis and Aristonymus, acquired  whesn he was acquitted, hung herself, with the
considerable reputation as inventors and writers of same wish as the daughter of Icarius, and with
riddles. (Athen. x. pp. 451, 452, xii. p. 538.) Those  the same consequences.  According to Hesychius,
who were successful in solving the riddle proposed  the festival was celebrated in commemoration of
to them received a prize, which had been pre- the tyrant Temaleus, but no reason is assigned.
viously agreed upon by the company, and usually  Eustathius (ad Honz. pp. 389, 1535) calls the
consisted of wreaths, tacniae, cakes, and other maiden who hung herselfAiora. But as the festival
sweetmeats, or kisses, whereas a person unable to  is also called'AXArLrs (apparently from the wansolve a riddle was condemned to drink in one  derings of Erigone, the daughter of Icarius), the
breath a certain quantity of wine, sometimes mixed  legend which was first mentioned seems to be the
with salt water. (Athen. x. p. 457; Pollux, vi. 107; most entitled to belief. Pollux (iv. 7. ~ 55) menHesych. s. v. yp~7pos.)  Those riddles which have  tions a song made by Theodorus of Colophon,
come down to us are mostly in hexameter verse, which persons used to sing whilst swinging themand the tragic as well as comic writers not unfre-  selves (E' -Prals archpaLs).  It is, therefore, probable
quently introduced them into their plays.  Pollux  that the Athenian maidens, in remembrance of
(1. c.) distinguishes two kinds of riddles, the IErigone and the other Athenian women who had
afvyyc/a and 7ypos, and, according to him, the  hung themselves, swung themselves during this
former was of a jocose and the latter of a serious festival, at the same time singing the abovenature; but in the writers whose worlks have come  mentioned song of Theodorus. (See also Athen.
down to us, no such distinction is observed; and  xiv. p. 618.)                        [L. S.]
there are passages where the name,odos is    AERA.  [CCHRONOLOGIA.]
given to the most ludicrous jokes of this kind.    AERA'RII, a class of Roman citizens, who
(Aristoph. Vesp. 20; comp. Becker, Clharicles, are said not to have been contained in the thirty
vol. i. p. 473.)  The Romans seem to have been too  tribes instituted by Servius Tullius.  It is, howserious to find any great amusement in riddles; ever, one of the most difficult points in the Roman
and when Gellius (xviii. 2) introduces some Ro- constitution to determine who they were; since all
muans at a banquet engaged in solving riddles, we  the passages in which they are mentioned refer only
must remember that the scene is laid at Athens; to the power of the censors to degrade a citizen,
and we do not hear of any Romans who invented  for bad conduct, by removing him  from his tribe
or wrote riddles until a very late period.  Appu- and making him  an aerarian; but we nowhere
leins wrote a work entitled Liber Ludicrorsmez et find any definition of what an aerarian was. The
Grip)orz0'71, which is lost.  After the time of Ap-  Pseudo-Asconius (ad Cic. divin. in Caecil. p. 103,
puleins, several collections of riddles were made, ed. Orelli), says that a plebeian might be degraded
some of which are still extant in MS. in various by being transferred to the tabule e Caeritume and
libraries.                            [L. S.]    becoming an aeraries.  The error in this stateAE'NUM, or AHE'NUM  (sc. vyes), a brazen  ment is, that not only a plebeian, but a senator
vessel, used for boiling, is defined by Paullus to  and an eques also might become an aerarian, while
be a vessel hanging over the fire, in which water for a plebeian there was no other punishment exwas boiled for drinking, whereas food was boiled  cept that of becoming an aerarian.  From  the
in the cacabzus. (Dig. 33. tit. 7. s. 18. ~ 3.)  This  Pseudo-Asconius we collect that to have one's
distinction is not, however, always observed; for name transferred to the tables of the Caerites was
we read of food being cooked in the aZnwem. (Juv. equivalent to becoming an aerarian; secondly, that
xv. 8 1; Ov. MAlet. vi. 645.)  The word is also  an aerarian no longer belonged to a century; and,
frequently used in the sense of a dyer's copper; thirdly, that he had to pay the tribute in a difand.I.S  purple was th3 most celebrated dye of ferent man:a:, from the other citizens. These state



AERARI UM.                                        AE RARIUM.                  23
mients are confirmed by the Scholiasta Cruquius  sides the public money and the accounts connected
on Horace (Epist. i. 6. 62) and by Gellius (xvi. with its receipts, expenditure, and debtors, va13).  If we strictly keep to what we there learn, rious other things were preserved in the treasury;
we cannot adopt the opinion that the aerarians  of these the most important were: — 1. The
consisted of artizans and freedmen (Niebuhr, Hist.  standards of the legions (Liv. iii. 69, iv. 22, vii.
of Rome, vol. i. p. 472), for some artizans had a  23).  2. The various laws passed from  time to
very honourable position in the Servian constitu-  time, engraven on brazen tables (Suet. Caes. 28).
tion; but there were certain occupations, especially  3. The decrees of the senate, which were entered
those of retail dealers (caunpones, KdcrbNjoL), which  there in books kept for the purpose, though the
were thought degrading, and which were carried  original documents were preserved in the temple of
on generally by isopolites, who took up their abode  Ceres under the custody of the aediles.  (Joseph.
at Rome, and the number of this class of persons  Ant. xiv. 10. ~ 10; Plut. Cat. Min. 17; Cic.
(municipoes or eives sine s/gfragio) may have been  de Leg. iii. 4; Tac. Ann. iii. 51.)  [AEDILES.]
very great.  These people we conceive to have  4. Various other public documents, the reports
been the ae*arii, not, indeed, on account of their and despatches of all generals and governors of
occupation, but because they were citizens who  provinces, the names of all foreign ambassadors
did not enjoy the suffrage.  Hence the Caerites  that came to Rome [LEGATUS], &C.
were probably the first body of aerarians; and    The aerarizsm  wvas the common treasury of the
any Roman citizen guilty of a crime punishable  state, and must be distinguished from the publiurns,
by the censors, might be degraded to the rank of which was the treasury of the populus or the paan aerarian; so that his civic rights were sus- tricians.  It is mentioned as one of the grievances
pended, at least for the time that he was an  of the plebeians that the booty gained in war
aerarian.  But we cannot suppose that the fact of was frequently paid into the publicum (redigitur ix
a Roman citizen engaging in trade brought about publicum), instead of being paid into the aerarium,
such a degradation; for there can be little doubt or distributed among the soldiers (Liv. ii. 42);
that the persons constituting the city tribes (tribus but since we no longer read, after the time of the
urbanae) were more or less all engaged in trade and  decemvirate, of the booty being paid into the pubcommerce. Hence, to remove a man from a country  licum, but always into the aerarium, it is supposed
tribe to a city tribe, cannot have been equivalent by Niebuhr that this was a consequence of the deto making him an aerarian (Cic. pro Clsuent. 43), cemviral legislation.  (Niebuhr, Hist. Rom. vol. ii.
and the latter can have been the case only when  notes 386, 954.)  Under the republic the aerarium
he was excluded from all the tribes, or when he  was divided into two parts: the common treasury,
belonged to a city tribe; so that moving him from  in which were deposited the regular taxes [TRIhis tribe was equivalent to excluding him from all BUTUM; VECTIGA;IA], and from  which were
tribes.  Persons who were made inj/mes likewise  taken the sums of money needed for the ordinary
became aerarians, for they lost the jus hononrm  expenditure of the state; and the sacred treasury
and the suffragium. (Augustin. de Civ. Dei, ii. 13; (aesarisam sanctum or sanctins, Liv. xxvii. 10; Flor.
Cic. pro Cluent. 42.)  The two scholiasts above  iv. 2; Caes. B. C. i. 14; Cic. ad Att. vii. 21),
referred to agree in stating that the aerarians had  which was never touched except in cases of exto pay a tributum pro capite; and that this tax  treme peril.  Both of these treasuries were in the
was considerably higher than that paid by the  temple of Saturn, but in distinct parts of the temple.
other citizens, must be inferred from  Livy (iv. The sacred treasury seems to have been first es24), who states that Aemilius Mamercus was tablished soon after the capture of Rome by the
made an aerarian octuplicato censse.  They were  Gauls, in order that the state might always have
not allowed to serve in the legions; but as they  money in the treasury to meet the danger which
nevertheless enjoyed the protection of the state, was ever most dreaded  by the Romans, -  a
such a high rate of taxation cannot be considered  war with the Gauls.  (Appian, B. C. ii. 41.)  At
unjust.                                         first, probably part of the plunder which the
It has been asserted that the libertizi, as such, Romans gained in their wars with their neighbelonged to the class of the aerarians; but this  bours was paid into this sacred treasury; but a
opinion is founded upon a wrong statement of regular means for augmenting it was established
Plutarch (Poplic. 7), that freedmen did not obtain  in B. a. 357 by the Lex Manlia, which enacted
the suffrage till the time of Appius Claudius; for that a tax of five per cent. (vicesima) upon the
Dionysius (iv. 22) informs us that Servius Tullius  value of every manumitted slave should be paid
incorporated them  with the city tribes. (Comp. into this treasury. As this money was to be preZonaras, vii. 9; Huschke,  Verfassuzng des Serv. served, and therefore space was some object, it had,
Thull. p. 494, &c.; Gittling, Gescl. der RsMm. Staats-  at least at a later time, either to be paid in gold
veef. p. 260, &c.; Becker, Hansdbuch der Rsm. or was kept in the treasury in gold, since Livy
Alterth. vol. ii. pp. 183-196.)       [L. S.]   speaks of auruonz  icesisoarium (Liv. vii. 16, xxvii.
AERA'RII TRIBU'NI.  [AES EQUESTRE; 10; comp. Cic. ad. Att. ii. 16). A portion of the
TRIBUNI.]                                        immense wealth obtained by the Romans in their
AERA'RIUM  (-Tb 8fuito'0oe,), the public trea- conquests in the East was likewise deposited in the
sury at Rome, and hence the public money itself. sacred treasury; and though we cannot suppose
After the banishment of the kings the temple of
Saturn was employed, upon the proposition of the architrave are still extant, standing on the
Valerius Poplicola, as the place for keeping the  Clivus Capitolinus to the right of a person aspublic money, and it continued to be so used till cending the hill.  It was rebuilt by L. Munatius
the later times of the empire.  (Plut. Popl. 12, Plancus in the time of Augustus (Suet. Auog. 29;
Quaest. Romn. 42; Festus, s. v. Aerariuws).*  Be-  Orelli, Inscr. No. 590), and again restored by Septimius Severus.  (Becker, Hanc2dbce7 der R6lmis* Of this temple three Corinthian pillars with  cAlen Alterntiizrcs;    vol. i. p. 315.)
c, 4




24                AERARIUM.                                        AERARIUM.
that it was spared in the civil wars between  tributed among the soldiers was also deposited in
Marius and Sulla, yet Julius Caesar, when he ap- the military treasury.
propriated it to his own use on the breaking out of    The distinction between the aerarium and the
the second civil war, B. C. 49, still found in it enor- fiscus continued to exist at least as late as the
mous sums of money. (Plin. L. 1V. xxxiii. 3. s. 17; reign of M. Aurelius (rIb faoatKs, icr alb 87Ju0o- oy',
Dion Cass. xli. 17; Oros. vi 15; Lucan,iii. 155.)  Dion Cass. lxxi. 33; Vulcat. Gallic. Avid. Cass.
Upon the establishment of the imperial power  7); but as the emperor gradually concentrated
under Augustus, there was an important change  the administration of the whole empire into his
made in the public income and expenditure.  He  hands, the aerarium likewise became exclusively
divided the provinces and the administration of the  under his control, and this we find to have been
government between the senate, as the representa-  the case even in the reign of M. Aurelius, when
tive of the old Roman people, and the Caesar: all the distinction between the aerarium and the fiscus
the property of the former continued to be called  was still retained. (Dion Cass. lxxi. 33.)  When
aerariunm, and that of the latter received the name  the aerarium  ceased to belong to the senate, this
of fiseus.  [FIscus.]  The aerarizum consequently  distinction between the aerarium and fiscus natureceived all the taxes from the provinces belonging  rally ceased also, as both of them  were now the
to the senate, and likewise most of the taxes which  treasury of the Caesar; and accordingly later
had formerly been levied in Italy itself, such as jurists used the words aerarium  and fiscus indisthe revenues of all public lands still remaining in  criminately, though properly speaking there was no
Italy, the tax on manumissions, the custom-duties, treasury but that of the Caesar.  The senate, howthe water-rates for the use of the water brought ever, still continued to possess the management of
into the city by the aquaeducts, the sewer-rates, the municipal chest (area paublica) of the city.
&c.                                              (Vopisc. Aszrelian. 20.)
Besides the aerar}um and the fiscus, Augustus    In the time of the republic, the entire management
established a third treasury, to provide for the pay  of the revenues of the state belonged to the senate;
and support of the army, and this received the  and under the superintendence and control of the
name of aerariumz  nilitare.  It was founded in the  senate the quaestors had the charge of the aeraconsulship of M. Aemlilius Lepidus and L. Arrun-  rium. [S-ENATUS; QUAESTOR.] With the exceptins, A. D. 6, in consequence of the difficulty which  tion of the consuls, who had the right of drawing
was experienced in obtaining sufficient funds from  from the treasury whatever sums they pleased, the
the ordinary revenues of the state to give the sol- quaestors had not the power to make payments to
diers their rewards upon dismission from service. any one, even to a dictator, without a special order
Augustus paid a very large sum into the treasury  from the senate.  (Polyb. vi. 12, 13; Liv. xxxviii.
upon its foundation, and promised to do so every  55; Zonar. vii. 13.) In B.C. 45, when no quaesyear.  In the Monumentum Ancyranum, Augustus  tors were chosen, two praefects of the city had
is said to have paid into the treasury in the con- the custody of the aerarium (Dion. Cass. xliii. 48);
sulship of Aemilius and Arruntius 170 millions of but it doubtless passed again into the hands of the
sesterces; but this sum  is probably the entire  quaestors, when they were elected again in the
amount which he contributed to it during his whole  following year.  In their hands it seems to have
reign.  As he reigned eight years and a half after remained till B. c. 28, when Augustus deprived
the establishment of the treasury, and would pro- them of it and gave it to two praefects, whom he
bably have made the payments half yearly, he  allowed the senate to choose from among the praewould in that case have contributed ten millions of tors at the end of their year of office; but as he
sesterces every half year. He also imposed several suspected that this gave rise to canvassing, he ennew taxes to be paid into this aerarium.  (Suet. acted, in B. C. 23, that two of the praetors in office
Auq. 49; Dion Cass. Iv. 23, 24, 25, 32; MAlonu-  should have the charge of the aerarium  by lot.
smentune Ancyranuzmn, pp. 32, 65, ed. Franzius and  (Suet. Octavs. 36; Dion Cass. liii. 2, 32; Tac.
Zunmptius, Berol. 1845.)  Of these the most im-  Ann. xiii. 29.) They were called praetores aesar7ii
portanlt was the viceseina dereditatiun et legatorsn,  (Tac. Annz. i. 75; Frontin. dleAquae Duct. 100) or
a tax of five per cent., which had to be paid by  ad aerarcoil, (Orelli, Inser. n. 723). This arrangeevery Roman citizen upon any inheritance or legacy  ment colntinued till the reign of Claudius, who
being left to him, with the exception of such as restored to the quaestors the care of the aerarium,
were left to a citizen by his nearest relatives, or such  depriving them of certain other offices which they
as were below a certain amount.  (Dion Cass. Iv. had received from Augustus (Tac. Ann. xiii. 29;
25, lvi. 28; Plin. Panzeg. 37-40; Capitol. M. Suet. Clatd. 24; Dion. Cass. Ix. 24); but as their
lWnton. 11.)  This tax was raised by Caracalla to  age seemed too young for so grave a trust, Nero
ten per cent., but subsequently reduced by Macri- took it fiom them and gave it to those who had
nlus to five (Dion Cass. lxxvii. 9, lxxviii. 12), and  been praetors, and who received the title of psraeeventually abolished altogether.  (Cod. 6. tit. 33. fecti aerarii.  (Tac. Asnn. xiii. 28, 29.)  During
s. 3.)  There was also paid into the aerarium mili- the latter part of the reign of Trajan, or the begintare a tax of one per cent. upon every thing sold at nsing of that of Vespasian, a fresh change seems to,
auctions (cezntesima reruzs  venaliuscm), reduced by  have been made, for we read of praetores aerarii
Tiberius to half per cent. (ducesntesisma), and after- in the time of the latter (Tac. Hist. iv. 9); but in'
wards abolished by Caligula altogether for Italy  the reign of Trajan, if not before, it was again en(Tac. Arn. i. 78, ii. 42; Suet. Cal. 16); and  trusted to praefects, who appear to have held their
likewise a tax upon every slave that was pur- office for two years; and henceforth no further
chased, at first of two per cent. (qusinqssegesisma), change seems to have been made.  (Plin. Paneg.
and afterwards of four per cent. (quinta et vicesiuCa) 91, 92, Ep. x. 20; Suet. Claud. 24.)  They are
of its value.  (Dion Cass. Iv. 31; Tac. Ann. xiii. called inl inscriptions grauefecti saearii Saturni, and
3i; Orelli, Inscr. No. 3336.) Besides these taxes, they appear to have had quaestors also to assist
ito doubt the booty olbtainod in warl and not dis- them in their duties, as we find mention of quaes



AES.                                              AES.                    25
lores aerarli Scatrni in inscriptions under Hadrian  some ancient coins of Corinth; a very ancient
and Severus. (Gudius, Ant. Inscr. p. 125. n. 6. p. 131. Greek helmet, on which is a boustrophedon inn. 3; Gruter, p. 1027, n. 4.)  These praefects had  scription, now in the British Museum; portions of
jurisdiction; and before their court in the temple  the breastplates of a piece of armour called the
of Saturn, all informations were laid respecting  Bronzes of Siris, also preserved in our national colproperty due to the aerarium and fiscus.  (Plin. lection; and an antique sword found in France,
Paneg. 36; Dig. 49. tit. 14. ss. 13, 15.)       produced in 100 parts,
-The aerarium snilitare was under the care of                87'43 and 88 copper
distinct praefects, who were first appointed by lot            12-53 and 12 tin
from  among those who had filled the office of                   -       -
praetor, but were afterwards nominated by the                  99'96    100
emperor.  (Dion. Cass. lv. 25; comp. Tac. Ann.    At a later period than that to which some of the
v. 8.)  They frequently occur in inscriptions under above works may be referred, the addition of a
the title of praseficti aerarii nzilitaris.  (Walter, variety of metals seems to have been made to the
Geschicl7te des R7szischlen Rechts, pp. 201, &c., 397, original combination of copper and tin. The writers
&c. 2d edition; Lipsius, ad Tac. Ann. xiii. 29.)   on art make particular mention of certain of these
AES  (XaAXo's).  These words signify both  bronzes which, notwithstanding the changes they
pure copper and a composition of metals, in which  underwvent by the introduction of novel elements,
copper is the predominant ingredient.  In the  were still described by the words XaExcds and aes.
latter sense they should not be translated brass, That which appears to have held the first place in
but rather bronze.  Brass is a combination of copper the estimation of the ancients was the aes Corintiliand zinc, while all the specimens of ancient objects aczu2, which some pretended was an alloy made acf)rmed of the compound material called aes, are  cidentally, in the first instance, by the melting and
found upon analysis to contain no zinc; but, with  running together of various metals (especiallygold
very limited exceptions, to be composed entirely of and bronze), at the burning of Corinth by Lucius
copper and tin, which mixture. is properly called  TMAIIummius, in B. C. 146. (Plin. H.N. xxxiv. 2. s. 3;
bronze.  Our chief information about the copper Florus, ii. 16.)  This account is obviously incorand bronze of the ancients is derived from Pliny  rect, as some of the artists whose productions
(H-1. N. xxxiv.).  Copper, being one of the most are mentioned as composed of this highly valued
abundant and generally distributed of the metals, nmetal, lived long before the event alluded to.
was naturally used at a very early period by the  Pliny (I. c.) particularises three classes of the CoGreeks and Romans.  Pliny (H. AN. xxxiv. 1) rinthian bronze.  The first, he says, was white
mentions three of its ores (lapides aerosi), namely,  (cacndidsun), the greater proportion of silver that
cadneicd, cl/alcitis, and autriclalcaum or or'icolAlcaun, was employed in its composition giving it a light
into the exact nature of which this is not the place  colour.  In the second sort or quality, gold was into inquire.                                      troduced, in sufficient quantity to impart to the
In the most ancient times we can ascend to, the  mixture a strong yellow or gold tint.  The third
chief supply came from Cyprus, whence the modern  was composed of equal portions of the different
name of copper is said to be derived. (Comp. Hom.  metals.   Some, however, contend that the ces
Odys. i. 184, and Nitzsch's Note; Plin. tI. N. vii. Corintaicczsnn was no composition of precious metals
56. s. 57); but according to an old tradition it at all, but merely a very pure and highly refined
was first found in Euboea, and the town of Chcalcis bronze.  (Fiorillo, in the Ksunstblatt, 1832, No.
took its name from  a copper-mine.  (Plin. IH.. 97.)  The next bronze of note among the ancient
iv. 12. s. 21.)  It was also found in Asia and the  Greek sculptors is distinguished by the title of
south of Italy, in Gaul, in the mountains of Spain bUepatizon, which it seems it acquired from  its
(comp. Pans. vi. 19. ~ 2), and in the Alps.  The  colour, which bore some resemblance to that of the
art of smelting the ore was perfectly familiar to the  liver (Mrrap).  Pliny says that it was inferior to
Greeks of Homer's time.  (Comp. Hesiod. Tldeog. the Corinthian bronze, but was greatly preferred
861-866.)                                        to the mixtures of Delos and Aegina, which, for a
The abundance of copper sufficiently accounts for long period, had the highest reputation. The colour
its general use among the ancients; money, vases, of the bronze called hepatizon must have been vern
and utensils of all sorts, whether for domestic or similar to that of the cinque cento bronzes - a dull
sacrificial purposes, ornaments, arms offensive and  reddish brown. Before the invention of these sorts
defensive, furniture, tablets for inscriptions, musical of bronze, the first in order of celebrity was the
instruments, and indeed every object to which it ees Deliacumn.  Its reputation was so great that
could be applied, being made of it.  (Hesiod, Op. the island of Delos became the mart to which all
et Di. 150, 151; Lucret. v. 1286.)  We have a  who required works of art in metal crowded, and
remarkable result of this fact in the use of XaAeEds led, in time, to the establishment there of some of
and XaX;ccemev, where working in iron is meant. the greatest artists of antiquity. (Plin. I. c. 2. s. 4.)
(Homn. Od. ix. 391; Aristot. PoSt. 25.)  For all Next to the Delian, or rather in competition
these purposes the pure metal would -be com-  with it, the aes Aegineticumn was esteemed.  No
paratively useless, some alloy being necessary both  metal was produced naturally in Aegina; but the
to harden it and to make it more fusible.  Ac- founders and artists there were most skilful in
cordingly, the origin of the art of mixing copper  their composition of bronze.  The distinguished
and tin is lost in the mythological period, being  sculptors, Myron and Polycleitus, not only vied
ascribed to the Idaean Dactyli  The proportions  with one another in producing the finest works of
in which the component parts were mixed seemed  art, but also in the choice of the bronze they used.
to have been much studied, and it is remarkable  Myron preferred the Delian, while Polycleitus
how nearly they agree in all the specimens that adopted the Aeginetan mixture.   (Plin. H. NV.
have been analysed.  Some bronze nails from the  xxxiv. 2. s. 5.)  From  a passage in Plutarch it
ruins of the Treasury of Atreas at Myceneo; has been supposed that this far-famed Delian




26            AES EQUESTRE.                                    AES UXORIUM.
bronze was of a light and somew'nat sickly tint. of Livy (l. c.), out ofthe public treasury(expublico);
(See Qaatrembre de Quincy, Juciters OOlypziez; but as Gaius says (/. c.), that the equites had a
Plut. De Pytlh. Orac. 2.)  Plutarch says, that in  right to distrain for this money likewise, it seems
his time its composition was unknown.  For fur- impossible that this account can be correct; for we
ther information on the composition of bronze, see  can hardly conceive that a private person had a
L. Savot (Num. Ant. p. ii. c. 17), Falbroni (in the  right of distress against a magistrate, that is,
Atti dell' Acad. Ital. vol. i. pp. 203-245, and G't- against the state, or that he could distrain any of
ting. Gel. Anzeig. 1811, No. 87), and Wincklel- the public property of the state.  It is more promann (Werke, vol. v.).                           bable that this money was also paid by the single
No ancient works in brass, properly so called, women and orphans, and that it was against these
have yet been discovered, though it has been af- that the equites had the same right to distrain,
firmed that zinc was found in an analysis made of as they had in the case of the aes hoxrdecariu7.
an antique sword (see Mongez, /ldin. de l'Institut.);    The aes snilitare, the amount of which is not
but it appeared in so extremely small a quantity, expressly mentioned, had to be paid by the tsibunzi
that it hardly deserved notice; if it was indeed  aer-asii, and if not paid, the foot soldiers had a
present, it may rather be attributed to some acci- right of distress against them.  (Cato, cap. Gell.
dent of nature than to design.  On the subject of vii. 10; Varr. L. L. v. 181, ed. Miiller; Festus,s. sv.
metals and metallurgy in general, see METALLUs, aerarii tribuni; Gaius, 1. c.)  It is generally asand for the use of bronze in works of art see  sumed from a passage of the Pseudo-Asconius (in.
STATUARIA.                            [P. S.]    Verr. p. 167, ed. Orelli), that these tribuni aerarii
AES (money, nzumni casnei or aerii).  Since  were magistrates connected with the treasury, and
the most ancient coins in Rome and the old  that they were the assistants of the quaestors;
Italian states, were made of aes, this name was  but Madvig (De  s'ribuszis Aerariis Disputatio, in
given to money in general, so that Ulpian (Dig. Opusczula, vol. ii. pp. 258-261), has brought for50. tit. 16. s. 159) says, Etiam aurzeos nunzgnos aes ward good reasons for believing that the tribuni
dicimnus.  (Compare Hor. Ass PoEt. 345, Ep. i. 7. aerarii were private persons, who were liable to the
23.)  For the same reason we have aes clienum, payment of the aes mnilitace, and upon whose pro -
meaning debt, and aera in the plural, pay to the  perty a distress might be levied, if the money were
soldiers.  (Liv. v. 4; Plin. H. N. xxxiv. 1.)  The  not paid.  He'supposes that they were persons
Romans had no other coinage except bronze or whose property was rated at a certain sum in the
copper (aes), till B. c. 269, five years before the  census, and that they obtained the name of tribuni
first Punic war, when silver was first coined; aerai-li, either because they received money from the
gold was not coined till sixty-two years after silver, treasury for the purpose of paying the soldiers, or
(Plin. H. N. xxxiii. 13.)  For this reason Argen- because, which is the more probable, they levied
tinus, in the Italian mythology, was made the son  the tributum, which was imposed for the purpose
of Aesculanus.  (Quiad prius aersea peczenia in usu  of paying the army, and then paid it to the soldiers.
esse coepit post argentea.  August. De Civ. Dei, The state thus avoided the trouble of collecting the
iv. 21.) Respecting the Roman copper money, see  tributum and of keeping minute accounts, for which
As, and respecting the Greek copper money see  reason the vectigalia were afterwards farmed, and
CHALCOUS.                             [P. S.]   the foot-soldiers were thus paid in a way similar
AES  CIRCUMFORA'NEUM, money bor- to the horse-soldiers. These tribuni aerarii were no
rowed from the Roman bankers (arcentarii), who  longer needed when the state took into its own
had shops in porticoes round the forum. (Cic. Ad  hands the payment of the troops [ExERCITUS],
Attic. ii. 1.)                                   but they were revived in B. C. 70, as a distinct
AES EQUESTRE, AES HORDEA'RIUM, class in the commonwealth by the Lex Aurelia,
and AES MILITA/RE, were the ancient terms  which gave the judicia to the senators, equites and
for the pay of the Roman soldiers, before the regu- tribuni aerarii. [TRIaUNI AERARII.] The opinion
lar stipendium was introduced.  The aes equestre  of Niebuhr (Hist. of Rone, vol. i. p. 474.), that the
was the sum of money given for the purchase of aes mnilitare was paid by the aerarians [AEaARII]
the horse of an eques; the aes liordearium, the  is, it must be recollected, merely a conjecture,
sum  of money paid yearly for the keep of the  which, however ingenious, is supported by no anhorse of an eques, in other words the pay of an  cient authority.
eques; and the aes militare, the pay of a foot    It has been well remarked by Niebuhr (Hist.
soldier. (Gaius, iv. 27.) None of this money seems ofRome, vol. ii. p. 442), that the 2000 asses, which
to have been taken from the public treasury, but was the yearly pay of a horseman, give 200 asses
to have been paid by certain private persons, to  a month, if divided by 10, and that the monthly
whom this duty was assigned by the state.        pay of a foot soldier was 100 asses a month.  It
The aes lhordeaszim, which amounted to 2000  must be recollected that a year of ten, and not of
asses, had to be paid by single women (viduae, i. e. twelve months, was used in all calculations of payboth maidens and widows) and orphans (orbi), pro- ments at Rome in very remote times.
vided they possessed a certain amount of property,    AES MANUA'RIUM  was the money won in
on the principle, as Niebuhr remarks, that in a mili- playing with dice, manibus collectum.  41/canus was
tary state, the women and children ought to con- the throw in the game.  All who threw certain
tribute for those who fight in behalf of them and  numbers, were obliged to put down a piece of
the commonwealth; it being borne in mind, that money; and whoever threw the Venus (the highest
they were not included in the census.  (Liv. i. 43; throw) ion the whole sum, which was called the
Cic. de Rep. ii. 20.)  The equites had a right to  aes'zcmsnuar-isnt.  (Gell. xvii. 13; Suet. Aug. 71.)
distrain (piqnoris cacpio) if the aes liorclear-iuzm was    AES ITXO'RIUM, a tax paid by men who
not paid. (Gaius, 1. c.)                         reached old age without having married.  It was
The aes equest'e, which amounted to 10,000  first imposed by the censors, M. Furius Camillus
assess, was to be given, according to the statement andl M. Postumius, in B.. 403, but we do nsot




AETOLICUM FOEDUS.                              AETOLICUM FOEDUS.    27
know whether it continued to be levied afterwards.  Aetolian constitution. (Strab. vii. p. 321.)  But it;
(Festus, s. v.; Val. Max. ii. 9. ~ 1; Plut. Camill. 2.)  was certainly wanting in internal solidity, and not
ILEX JunIA ET PAPIA POPPAEA.1                    based upon any film principles.  In B. c. 204, two
AESTIMA'TIO  LITIS. [JUDEx.]                  of the heads of the confederacy, Dorimachus and
AESYMNE'TES (ariuvavrrls, from akcoa, "a  Scopas, were commissioned to regulate its constitljust portion," hence "a person who gives every  tion, and it was perhaps in consequence of their
one his just portion "), originally signified merely a  regulation, that a general cancelling of debts was
judge in the heroic games, but afterwards indicated  decreed two years later.  (Polyb. xiii. 1, Fragzm.
an individual who was occasionally invested volun- Hist. 68.)  The characteristic difference between
tarily by his fellow-citizens with unlimited power the Aetolian and Achaecan leagues, was that the
in a Greek state. His power, according to Aristotle, former originally consisted of a confederacy of
partook in some degree of the nature both of kingly  nations or tribes, while the latter was a confederacy
and tyrannical authority; since he was appointed  of towns.  Hence the ancient and great towns of
legally and ruled over willing subjects, but at the  the Aetolians, throughout the period of the league,
same time was not bound by any laws in his pub- are of no importance and exercise no influence
lic administration.  (Aristot. Polit. iii. 9. ~ 5, whatever.  Even Thermon, although it was the
iv. 8. ~ 2; Hesych. s. e.) Hence Theophrastus calls  head of the league, and the place where the ordithe office Tvpavvts aipsEr, and Dionysius (v. 73) nary meetings of the confederates were held (Polyb.
compares it with the dictatorship at Rome.  It v. 8, xviii. 31, xxviii. 4; Strab. x. p. 463), did not
was not hereditary; but it was sometimes held  serve as a fortress in times of war, and whenever
for life, and at other times only till some object the Aetolians were threatened by any danger, they
was accomplished, such as the reconciling of the  preferred withdrawing to their impregnable mounvarious factions in the state, and the like.  Ve  tains.
have only one express instance in which a person    The sovereign power of the confederacy was
received the title of Aesymnetes, namely, that of vested in the general assemblies of all the confede-.
Pittacus, in Mytilene, who was appointed to this rates (tcovewv zTv Airc6Asov, concilium Aetolosw7nm),
dignity, because the state had been long torn  and this assembly unquestionably had the right to
asunder by the various factions, and who succeeded  discuss all questions respecting peace and war, and
in restoring peace and order by his wise regulations  to elect the great civil or military officers of the
and laws. (Dionys. v. 73; Strab. xiii. p. 617; Plut. league.  It is however clear, that those assemblies
Solon, 4; Diog. Laert. i. 75; Plehn, Lesbiaca, pp. could not be attended by all the Aetolians, for
46, 48.) There were, however, no doubt many other many of them were poor, and lived at a great dis-.
persons who ruled under this title for a while in  tance, in addition to which the roads were much
the various states of Greece, and those legislators  more impassable than in other parts of Greece.
bore a strong resemblance to the aesymnetes, whom  The constitution of the league was thus in theory
their fellow-citizens appointed with supreme power a democracy, but under the cover of that name it
to enact laws, as Dracon, Solon, Zaleucus and  was in reality an aristocracy, and the name PanaeCharondas.  In some states, such as Cyme and  tolicums, which Livy (xxxi. 29) applies to the AetoChalcedon, it was the title borne by the regular lian assembly, must be understood accordingly, as
magistrates.   (Wachsmuth, Hellen. Alterthlum. an assembly of the wealthiest and most influential
vol. i. pp. 423, 441, 2d ed.; Tittmann, Griech. persons, who occasionally passed the most arbitrary
Staatsv. p. 76, &c.; Schumann, Antiq. Jur. Publ. resolutions, and screened the maddest and most
Graec. p. 88; Hermann, Staatsaltelrs. ~ 63.)    unlawful acts of the leading men under the fine
AETAS.  [INFANS; IMPUBES.]                     name of a decree of all the Aetolians.
AETO'LICUM FOEDUS. (Kowvx 7TcvAiLrc-    Wre have already mentioned that the ordinary
Atev.)  The inhabitants of the southern coast of the  place of meeting was Thermon, but on extraordinary
country, afterwards called Aetolia, appear to have  occasions assemblies were also held in other towns
formed a sort of confederacy as early as the time  belonging to the league, though they were not
of Homer.  (II. ii. 638, &c., xiii. 217 &c.)  In  situated in the country of Aetolia Proper, e. g. at
the time of Thucydides (iii. 111), the several Heracleia (Liv. xxxiii. 3), Naupactus (xxxv. 12),
Aetolian tribes between the rivers Achelous and  Hypata (xxxvi. 2, 8), and Lamia (xxxv. 43, 44).
Evenus, appear to have been quite independent of The questions which were to be brought before the
one another, although they were designated by the  assembly were sometimes discussed previously by
common name of Aetolians; but we nevertheless a committee, selected from  the great mass, and
find that, on certain occasions, they acted in concert, called Apocleti (&a7ro'KA-ro0, Suid. s. v.; Liv. xxxvi.
as for example, when they sent embassies to foreign  28.) Some writers believe that the Apocleti formed
powers, or when they had to ward off the attacks  a permanent council, and that the thirty men sent
of a common enemy.  (Thuc. 1. c., iii. 95, &c.)  out to negotiate with Antiochus were only a comIt may therefore be admitted that there did not mittee of the Apocleti.  (Polyb. iv. 9, xx. 10,,
exist any definite league among the tribes of Aeto- xxi. 3; Tittmann, Griech. Staatsvesf: p. 727.)
lia, and that it was only their common danger that    The general assembly usually met in the autumn,
made them  act in concert; but such a state of when the officers oftheleaguewere elected. (Polyb.
things, at any rate, facilitated the formation of a  iv. 37.)  The highest among them, as among those
league, when the time came at which it was needed. of the Achaean league, bore the title of OrTpaT-y5,
But the league appears as a very powerful one very  whose office lasted only for one year.  The first
soon after the death of Alexander the Great, viz. whose name is known, was Eu:ydamus, who com.
during the Lamian war against Antipater.  (Dioed. mnanded the Aetolians in the war against the Galaxix. 66, xx. 99.)  How far its organisation was tians.  (Paus. x. 16. ~ 2.)  The strategus had the
then regulated is unknown, though a certain con- right to convoke the assembly; he presided in it,
stitution must have existed as early as that time, introduced the slubjects for deliberation, and levied
since we find that Aristotle wrote a work on the  the troops.  (Liv. xxxviii. 4.)  lie had his share




28          AFFINES, AFFINITAS.                                        AGELA.
of the booty made in war, but was not allowed to  the result of a lawful marriage.  There are no
vote in decisions upon peace and war.  (Liv. xxxv. degrees of affinitas corresponding to those of cog25.)  This was a wise precaution, as a sanguine  natio, though there are terms to express the various
strategus might easily have involved the league in  kinds of affinitas.  The father of a husband is the
wars which would have been ruinous to the nation. socer of the husband's wife, and the father of a
His name was signed to all public documents, wife is the socer of the wife's husband; the term
treaties, and decrees of the general assembly. An  socrus expresses the same affinity with respect to
exception occurs in the peace with the Romans, the husband's and wife's mothers.  A son's wife
because they themselves dictated it and abandoned  is nurus or daughter-in-law to the son's parents;
the usual form.  (Polyb. xxii. ].5.)  Respecting  a wife's husband is gener or son-in-law to the wife's
the mode of election, we are informed by Hesychius  parents.
(s. v. CVcLup, 7raerpicP), that it was decided by white    Thus the avus, avia - pater, mater — of the
and black beans, and not by voting, but by draw-  wife become by the marriage respectively the socer
ing lots, so that we must suppose the assembly  magnus, prosocrus, or socrus magna —socer, socrus
nominated a number of candidates, who then had  -of the husband,who becomes withrespect to them
to draw lots, and the one who drew a white bean  severally progener and gener.  In like manner the
was strategus.                                     corresponding ancestors of the husband respectively
The officers next in rank to the strategus were  assume the sanme names with respect to the son's
the hipparchus and the public scribe. (Polyb. xxii.  wife, who becomes with respect to them pronurus
15; comp. Liv. xxxviii. 11.)  WVe further hear of and nurus.  The son and daughter of a husband
o-;,EspoI, who act as arbiters (Biickh, Coop. Inscr. or wife born of a prior marriage, are called privignus
vol. ii. p. 633), and votuoypacpoL, who however may  and privigna, with respect to their step-father or
have had no more to do with the writing down of step-mother; and, with respect to such children,
laws, than the Athenian nomothetae.  (Bickh, the step-father and step-mother are severally called
I. c. pp. 857, 858.)                               vitricus and noverca.  The husband's brother beWith the exception of the points above men- comes levir with respect to the wife, and his sister
tioned, the constitution of the Aetolian league is  becomes Glos (the Greek y&Acds).  Marriage was
involved in great obscurity.  There are, however, unlawful among persons who had become such
two things which appear to have had an injurious  affines as above-mentioned; and the incapacity
effect upon the confederacy, first the circumstance  continued even after the dissolution of the marriage
that its members were scattered over a large tract in which the affinitas originated. (Gaius, i. 63.)
of country, and that besides Aetolia Proper and  A personwho had sustained such a capitis diminutio
some neighbouring countries, such as Locris and  as to lose both his freedom and the civitas, lost
Thessaly, it embraced towns in the heart of Pelo-  also all his affines. (Dig. 38. tit. 10. s. 4; Bdcking,
ponnesus, the island of Cephalenia in the west, and  lostitutionsen, vol. i. p. 267.)     [G. L.]
in the east the town of Cius on the Propontis; in    AGALMA (i-yaxAa).  [STATUARIA.]
the second place, many of the confederates had    AGAMIOU   GRAPHE   (&yaueiov  ypao)).
been forced to join the league, and were ready to  [MATRIaMONIUM.]
abandon it again as soon as an opportunity offered.    AGA/SO, a groom, a slave whose business it
(Polyb. iv. 25; comp. xxii. 13, 15; Liv. xxxviii. was to take care of the horses.  The word is also
9, 11.)  The towns which belonged to the league  -used for a driver of beasts of burthen, and is someof course enjoyed isopolity; but as it endeavoured  times applied to a slave who had to perform the
to increase its strength in all possible ways, the  lowest menial duties.  (Liv. xliii. 5; Plin. H. N.
Aetolians also formed connections of friendship and  xxxv. 11; Curt. viii. 6; Hor. Sersn. ii. 8. 72; Pers.
alliance with other states, which did not join the  v. 76.)
league.  (Polyb. ii. 46.)  The political existence    AGATIIOERGI (a&yaOoEspyo).  In time of war
of the league was destroyed in n. c. 189 by the  the kings of Sparta had a body-guard of 300 knights
treaty with Rome, and the treachery of the Roman  (i7reress), of whom the five eldest retired every year,
party among the Aetolians themselves caused in  and were employed for one year, under the name
B. C. 167 five hundred and fifty of the leading  of agaetloergi in missions to foreign states. (Herod.
patriots to be put to death, and those who survived  i. 67.)  It has been maintained by some writers
the massacre, were carried to Rome as prisoners. that the agatlhoergi did not attain that rank merely
(Liv. xlv. 31; Justin, xxxiii. 2; comp. Tittmann, by seniority, but were selected from the t'rerss by
iDarstellung der Gieclb. Staatsve.f: p. 721, &c.; the ephors without reference to age. (Ruhnken,
Lucas, Ueber Polyb. Darstelluq2g des Aetol. Bundes,  Ad Tinzaei Lexic. Plat. s.v.; Hesych. s. v.; Bekker,
Kbnigsberg, 1827, 4to.; K. F. IHermanm, Griech. Ansecd. vol. i. p. 209.)
Staatsaltert/h. ~ 183; Schorn, Gesc~lichte Grieclsenl.    A'GELA (&yEAX/), an assembly of young men
p. 25,&c.; Brandst'iter,Die Gesch. desAetol. Landes, in Crete, who lived together from their eighteenth
Volkes sznd Bundes, p. 298, &c.)       [L. S.]    year till the time of their marriage.  Up to the
AETO'MA (&a'lcEaua).  [FAsTI-GIUss.]            end of their seventeenth year they remained in
AFFI/NES, AFFI/NITAS, or ADFI'NES,  their father's house; and from the circumstance of
ADFI'NITAS.  Affinitas is that relation into  their belonging to  no agela, they were called
which one family comes with respect to another by  &rdayeAoi.  They were then enrolled  in ayelae,
a marriage between the members of the respective  which were of an aristocratic nature, and gave great
families; but it is used more particularly to express  power to particular families.  An agela always
the relation of husband and wife to the cognati of consisted of the sons of the most noble citizens,
wife and husband respectively.  The husband and  who were usually under the jurisdiction of the
wife were also affines with respect to their being  father of the youth who had been the means of colmembers of different families; and the betrothed  lecting the ayela.  It was the duty of this person,
husband and wife (sponsus, sponsa) with reference  called &-yAdrss, to superintend the military and
to their intended marriage.  Affinitas can only be  gymnastic exercises of the youths (who were called




AGER,                                               AGER.                    29
&ysXa'rot), to accompany them to the chase, and  tortes): Ager Divisus et Assignatus; Ager mensura
to punish them  when disobedient.  He was ac-  comprehensus; Ager Arcifinius.  He defines the
countable, however, to the state, which supported  Arcifinius, as above stated.  The Ager mensura
the agela at the public expense.  All the members  comprehensus appears to signify a tract, of which
of an  tgela were obliged to marry at the same  the limits were defined by measurement, which
time.  When they ceased to belong to an agela, was given in the mass to some community (C2ejuts
they partook of the public meals for men (a'apeza)  mnodus universus civitati est assignatus), of which
[SYssITIA].  These institutions were afterwards  he mentions two examples.
preserved in only a few states of Crete, such for    Ager Divisus et Assignatus was public land
instance as Lyctus. (Ephorus, ap. Strab. x. p. 480, that was assigned or granted to private persons.
&c.; Heracl. Pont. c. 3.; Hick, Creta, iii. p. 100, The verb divido, or some forn of it, is used by Livy
&c.; Miiller, Dor. iv. 5. ~ 3; Hermann, Grieclh.  (iv. 51, v. 30) to express the distribution of the
Staatsalterthiibnze, ~ 22;  Wachsmuth,  Hellen. land.  The word assiano indicates the fixing of
Altertleumzskunde, vol. i. p. 362, 2d ed.; Krause, Die  the signa or boundaries.  Ager Quaestorius wwas
Gynzsnastik z. Agonistik d. ilellenen, p. 690, &c.)  public land, which was sold by the quaestors (pp.
At Sparta the youths left their parents' houses at 2, 14, ed. Goes.), in square patches, each side of
seven years of age and entered the /oiat.          which was the length of ten linear actus: the square
AGE'MA (&y?7ua from  dayw), the name of a  consequently contained 100 quadrati actus or fifty
chosen body of troops in the Macedonian army, jugera.
consisting of horse-soldiers and foot-soldiers, but    Ager Limitatus was public land marked out by
usually of the former.  It seems to have varied in  limites for the purpose of assignment to coloni or
number; sometimes it consisted of 150 men, at others.  The limites were drawn with reference
other times of 300, and in later times it contained  to the heavens (p. 150, ed. Goes.); and this mode
as many as 1000 or 2000 men.  (Diod. xix. 27, of dividing the land was founded on the old Etrnscan
28: Liv. xxxvii. 40.; xliii. 51. 58; Curt. iv. 13;  doctrine, for the Etruscans divided the earth into
Polyb. v. 25, 65, xxxi. 8; Hesych. and Suid. s. v.; parts, following the course of the sun by drawing,Eustath. ad Od. i. p. 16l99, 62.)                 a line from east to west, and another from south to
AGER is the general term for a district or tract north.  This was the foundation of the limites of a
of country, which has some definite limits, and be-  templum, a term  which means the celestial vault,
longs to some political society.  Ager Romanus is  and also so much of the earth's surface as the augur
the old territory of the Romans.  Agri, in the  could comprehend in his view.  This was the
plural, often means lands in the country as opposed to  foundation of the Roman Limitatio of land.  A
town: "est in agris,"means "he is in the country:"  line (limes) was drawn through a given point from
"' mittere in agros," a phrase that occurs in speak-  east to west, which was called the Decumanus,
ing of the agrarian laws, means to assign portions of originally Duocirnanus * (according to Hyginus), be~
the Ager Publicus to individuals.  (Liv. vi. 17, cause it divides the earth into two parts: another
x. 21.)                                            line was drawnfrom southto north, which was called
Terra is an indefinite term: it is a whole coun-  Cardo, " a mundi cardine."  The length of these
try without reference to political limits, as Terra  two chief limites would be determined by the limits
Italia.                                            of the land which was to be divided.  The points
Ager Publicus was the property of the Roman  from which the two chief limites were drawn varied
state, part of the Publicuim.  Ager Privatus was according to circumstances.  Those which were pathe property of individuals.  Some remarks on the  rallel to the Decumanus were Prorsi, direct; those
general division of land into Publicus and Privatus, which were parallel to the Cardo were Transversi,
and on the nature of land that was Sacer and Reli-  transverse.  The limes was therefore a term applied
giosus, are contained in the article on the Agrarian  to a boundary belonging to a tract of land, and the
Laws.  Ager Occupatorius is land occupied by a  centuriae included in it, and is different from finis,
victorious people when the conquered people had  which is the limit of any particular property.  The
been driven out (Rei Ag4rariec   Auctores, p. 45, Decumani, Cardines, and other limites of a district
ed. Goes.): the possessiones [AGRAaRIAE LEGEs]  form an unchangeable kind of network in the midst
-were included in the Ager Occulpatorius.  Such  of the changeable properties which have their several
land as was restored to those who had lost it by  fines (Rudorff).  The distance at which the limites
conquest, was called RPedditus.  The Ager Occu- were to be drawn, would depend on the magnitude
patoriuswas also calledAgerArcifinius orArcifinalis, of the squares or centuriae, as they were called, into
so denominated " ab arcendis hostibus " (p. 38. ed. which it was proposed to divide the tract.  The
Goes.).  But the terms Ager Arcifinius and Occu-  whole tract might not be square: sometimes the
patorius do not appear to be exactly equivalent,  Decumani Limites would be only half as long as the
though some of the writers on the Res Agraria  Cardines (p. 154. ed. Goes.).  Every sixth limes,
make them so.  Ager Arcifinius appears to express  reckoning from the Decumanus <and including it,
the whole of a territory, which had only some  was wider than the intermediate limites, and these
natural or arbitrary boundary, and was not defined  wider limites served as roads, but they were not
by measurement (qui nullcs mensura continetur;  included under the term of Viae Publicae, though a
Frontinus.)  Such were the scattered portions of limes and a via publica might sometimes coincide.
the Roman Ager Publicus. The Ager Occupatorius  (Hyginus. ed. Goes. p. 163.)  The narrower limites
might signify so much of the public land included  were called Lineprii in the provinces, but in Italy
in the Arcifinius as was held by possessors (occupatus), or, as Niebuhr explains it, the term Occu-    - Duocimanus, according  to IHyginus,  was
patorius was confined to the public land, strictly so  changed into Decimamus;  " Decumanus," says
called, and designated the tenure under which it  Niebuhr, "6 probably from making the figure of a.Was held.                                         cross, which resembles the numeral X, like decusFrontinus divides lands into three heads (quali-  satus."  Neither explanation is satisfactory.




.30                 AGER.                                               AGER.
they were called Subruncivi.  The limites parallel barriers.  Tle boundaries of the territory were
to the cardo were drawn in the same way.           marked by termini, which received their names
The Roman measure of length used for land  under the empire from the emperor who gave' the
was the actus of 120 feet: the square actus was  commission for partitioning the llad.  Accordingly,
14,400 square feet; and a juger or jugerlm  was  we find the expressions Lapides Augtstales, Tibetwo actus quadrati.  The word centuria properly  riani, and so forth, mentioned as the termini fixed
means a hundred of any thing.  The reason of by these emperors for the boundaries of the colonies
the term  centuria being applied to these divi- which they founded.  The Termini Territoriales
sions may be, that the plebeian centuries contained  marked the limits of the district, the Pleurici
100 actus, which is 50 jugera, the amount con- ran parallel to the Decumani and Cardines, the
tained in the portions put up to sale by the quaes.- Actuarii Centuriales were at the angles of the
tors: but Siculus Flaccus (p. 15, ed. Goes.) gives  centuriae, the Epipeclonici in the centre of the
a different account.  The centuria sometimes con- centuriae, the Proportionales at the beginning and
tained 200 jugera, and in later periods 240 and  end of the jugera.  The boundaries of a property
400.  This division into centuriae only compre- were also marked by termini; and the owner of
hended the cultivable land.  When a colony was a property might place termini within it to mark
founded or a tract of land was d;vided, that part the pieces into which he divided it for his chilwhich did not consist of arable land was the colll- dren.
mon property of the colony or settlement; and was    The termini were either posts of wood or stones.
-used as pasture.  Snch tracts appear to be the  In the colonies of Augustus, the boundaries of the
Compascuus Ager of the Lex Thoria (c. 4, &c.). centuriae were marked by stones; those of the
The land that was thus limited, would often have  several allotments by oak posts (termini robusti,
an irregular boundary, and thus many centuries  pali roborei.)  Sometimes pali actuarii are menwould be incomplete.  Such pieces were called  tioned, from which it appears that the boundaries of
Subseciva, and were sometimes granted to the  the centuriae were sometimes determined by wooden
colony or community, and sometimes reserved to the  posts.  The stones used in a particular limitatio
state.  That such portions existed in some quantity  were of the same kind and colour in order to make
in Italy is shown by the fact of Vespasian and Titus  them more useful as boundary stones.  The stones
making sales of them, and Domitian is said to  were either polished (politi, dolati) or rough hewn
have restored them to the possessors.              (taxati a ferro), or in their entire rough state.  The
A plan of each tract of limited land was engraved  size varied from half a foot to two and a half feet,
on metal (aes), and deposited in the tabularium.  and the larger might sometimes be mistaken by
This plan (forma) showed all the limites or cen- ignorant people for mile stones.  The form  of the
turiae, and was a permanent record of the original stones also varied, as we see from the representations
limitation. Descriptions also accompanied the plan, contained of them in the MSS. of the Agrimensores.
which mentioned the portions that belonged to dif- The number of angles varied in those which were
ferent individuals, and other particulars.  (Siculus  angular: some were cylindrical, some pointed, others
Flaccus, De Divis. et Assig. ed. Goes., p. 16; and  of a pyramidal form.  The head stones at the bethe passages collected by Brissonius, Select, e  Jur.  ginning and end of a boundary were more conCivil. iii. c. 5.)  Some of these records, which be- spicuous than those which lay between them.  Inlong to an early period of Roman history, are men- seriptions and marks were also put on the termini.
tioned by Siculus Flaccus, as existing when he  The termini on the boundaries of the limited land
wrote (p. 24. ed. Goes.).  These registered plans  have often considerable inscriptions; the centurial
were the best evidence of the original division  and pleurite termini give the number of the century
of the lands, and if disputes could not be settled  and the name of the limes.  Various kinds of
otherwise, it was necessary to refer to them.      marks were also devised to facilitate the ascertainAs to the marks by which boundaries were dis- ing of boundaries without the trouble of referring
tinguished, they were different in the case of Ager to the plan.
Arcifinius and Ager Limitatus.  In the case of    These precautions were notllI. A stone might be
Ager Arcifinius, the boundaries were either natural removed and a boundary might thus become un.
or artificial, as mountain ridges, roads, water sheds, certain. It was accordingly the practice to bury
rocks, hills, ramparts of earth, walls of rubble, and  something under the stone that was not perishable,
so forth: rivers, brooks, ditches and water conduits  as bones, embers and ashes from the offering made
rwere also used as boundaries.  Marks were also  at the time when the stone was set up.  Small
lmade on rocks, and trees were planted for this  coins were also put under it, and firaments of glass,
purpose, or were left standing (arbores intactae, pottery, and the likes which would serve to deterantemissae).  Trees were often marked: those  mine the place of the stone,  The same practice is
which were the common property of two land- enjoinedbythe laws of Mann (viii. 249, 250, 251),
owners were marked on both sides; and those  a fact noticed by Dureau de la MalPe. On the introwhich belonged to a single proprietor were marked  duction of Christianity, the practice of making such
on the side which was turned from the proprietor's  offerings was discontinued, and this kind of evidence
land (arbores insignes, sigatae,notatae). Bycutting  was lost.  Under the old religion i:t was also the
off a piece of the bark, a scar would be formed  practice to traverse the boundaries at the terminalia,
which would answer as a signum.  In angles, such  in the month of February.  In tle case of the
as a trifinium or quadrifinium, more special boundary  territorial boundaries, this was done by the whole
marks were used, for instance, at a trifinium three  community; and pursuant to this old custom, the
trees would be planted.  Taps, or pieces of wood, boundaries of the original territory of Rome, six
lead and iron, were also inserted in trees to point miles from the city, were traversed at the terminalia.
to some piece of water as the nearest boundary.     Private persons also examined their boundaries at
The Ager Limitatus was marked in a different the terminalia, and the usual offerings were made.,way by boundary stones and posts, not -by natural  The parish perambulations and other perambula



AGGER.                                        AGONALIA.                    31
tions of modern times bear some resemblance to this  cingere; and the making of the agger is expressed
Roman usage.                                     by the verbs exstruere, construere, jacere, facere, &c.
It has been observed that finis, a term which  Some of these agqeres were gigantic works, flanked
expresses the boundary of separate properties, must with towers to defend the workmen and soldiers,
not be confounded with limes; nor must fuindus be  and surmounted by parapets, behind which the
confounded with locus.  A fundus has determinate  soldiers could discharge missiles upon the besieged
boundaries (fines): a locus is indeterminate, and  towns.  At the siege of Avaricum, Caesar raised in
may be part of a fundus or comprise more than a  twenty-five days an agger 330 feet broad, and 80
fundus. A dispute about a fundus is a question of feet high.  (B. G. vii. 24.)  As the agger was
property; a dispute about a locus or finis is a dis- sometimes made of wood, hurdles, and similar
pute about boundaries.                           materials, we sometimes read of its being set on
Niebuhr conjectures " that a fundus assigned by  fire. (Liv. xxxvi. 23; Caes. B. G. vii. 24, B. C. ii.
the state was considered as one entire farm, as a  14, 15.)  The word agger was also applied to the
whole, the limits of which could not be changed."  earthen wall surrounding a Roman encampment,
But he adds, " This did not preclude the division  composed of the earth dug from the ditch (fossa),
of estates, nor even the sale of duodecimal parts of which was usually nine feet broad and seven feet
them;" and further, "The sale or transfer of them, deep; but if any attack was apprehended, the
when the whole was not alienated, was in parts  depth was increased to twelve feet, and the breadth
according to the duodecimal scale."  But to this it to thirteen feet.  Sharp stakes, &c., were usually
is replied by Dureau de la Malle, that when there  fixed upon the agger, which was then called vallum.
were five, seven or nine heredes, there must be a  When both words are used (as in Caesar, B. G. vii.
fractional division.  A fundus generally had a par- 72, cager ac vallusz), the agger means the mound
ticular name which was not changed, and it is of earth; and the vallum the sharp stakes (valli),
stated that both in Italy and France many of these  which were fixed upon the agger.
properties still have Roman names.  But the fact    At Rome, the formidable rampart erected by
of a fundus generally having a name, and the fact Servius Tullius to protect the western side of Rome
of the name being often preserved, does not prove  -was called agger.  It extended from the further
that all fundi retained their original limits accord- extremity of the Quirinal to that of the Esquiline.
ing to Roman usage; nor does the fact, that there  It was fifty feet broad, having a wall on the top,
were sometimes two, sometimes three owners of one  defended by towers, and beneath it was a ditch a
fundus (Dig. 10. tit. 1. s. 4.), prove that a fundus  hundred feet wide and thirty feet deep.  (Cic. de
never had its limits changed, while it disproves  Rep. ii. 6; Dionys. ix. 68.) Pliny (I. N. iii. 5.
Niebuhr's assertion as to duodecimal parts, unless  s. 9) attributes the erection of this rampart to Tarthe halves and thirds were made up of duodecimal quinius Superbus, but this is in opposition to all
parts, which cannot be proved.  It seems probable  the other ancient writers who speak of the matter.
enough, that an original fundus would often retain    AGITATO'RES.  [CIRcvs.]
its limits unchanged for centuries.  But it is certain    AGMEN.  [ExERCITUS.]
that the bounds (fines) of private properties often    AGNA'TI.  [COGNATI.]
changed.  Rudorff remarks: "The boundary of a    AGNO'MEN.  [NOMEN.]
property is changeable.  It may by purchase, ex-    AGONAILIA, or AGO'NIA  (Ov. Fast. v.
change, and other alienation, be pushed further,  721), one of the most ancient festivals at Rome,
and be carried back."  The localities of the great celebrated several times in the year.  Its instituCardines, Decumani, and other Limites, as the same  tion, like that of other religious rites and cerewriter has been already quoted to show, are un- monies, was attributed to Numa Pompilius. (Machangeable.                                      crob. Saturn. i. 4.)  We learn from  the ancient
The difficulty of handling this subject is very  calendars that it was celebrated on the three folgreat, owing to the corrupted text of the writers on  lowing days, the 9th of January, the 21st of May,
the Res Agraria   The latest edition of these  and the 1lth of December (cc. d. V. Id. Jan.; XII.
writers is by Goesius, Amsterdam, 1674, Anew  Kal. Jzmn.; III. Id. Dec.); to which we should
and corrected edition of these writers with a suit- probably add the 17th of March (a. d. XVI. Kal.
able commentary would be a valuable contribution  Apr.), the day on which the Liberalia was celeto our knowledge of the Roman land systeinm (Rei brated, since this festival is also called Agonia or
Agrariae Auctores, ed. Goes.; Rudorff, Zeitschlift Agonium Mlartiale.  (Varr. L. L. vi. 14, ed. Miilfzdr Gesclicht. Rechtsw. Ueber die Granzscheidungs- ler; Macrob. I. c.; lfalendariun Vaticanzum.) The
klage, vol. x,; Niebuhr, vol. ii. appendix 1; Dureau  object of this festival was a disputed point among
de la Malle, Economie Politique des Ronmainsi vol. ii. the ancients themselves; but as Hartung has obp. 166, &c.)                          [G. L.]    served (Die Religion der Romer, vol. ii. p. 33), when
AGER SANCTUS (rerjEevos). For an account it is recollected that the victim which was offered
of the lands in Greece devoted to the service of was a rami that the person who offered it was the
religion, see TEMnENOS: for an account of those  rex sacrificulus, and that the place where it was
in Rome, see SACERDOS.                           offered was the regia (Var. L. L. vi. 12; Ov. Fast.
AGETO'RIA (a'r —qdpta.) [CARNRIA.]            i. 333; Fest. s. v. Agonium), we shall not have
AGGER (fcuoa)j from ad and gere, was used  much difficulty in understanding the significance
in general for a heap or mound of any kind which  of this festival.  The ram was the usual victim
might be made of stones, wood, earth or any other presented to the guardian gods of the state, and
substance.  It was more particularly applied to a  the rex sacrificulus and the regia could be eammound, usually composed of earth, which was raised  ployed only for such ceremonies as were connected
round a besieged town, and which was gradually  with the highest gods and affected the weal of the
increased in breadth and height, till it equalled or whole state. Regarding the sacrifice in this light,
overtopped the walls.  Hence we find the expres- we see a reason for its being offered several times
bions aggere oppidumn oppugnare, agere oppidunl  in the year.




32                AGORA.                                            AGORA.
The etymology of the name was also a subject (Hom. Ii. i. 54.)  The king occupied the most
of much dispute among the ancients; and the va- important seat in these assemblies, and near him
rious etymologies that were proposed are given at sat the nobles, while the people sat in a circle
length by Ovid.  (Fast. i. 319-332.)  None of around them.  The power and rights of the people
these, however, are at all satisfactory; and we  in these assemblies have been the subject of much
would therefore suggest another.  It is well known  dispute.  Platner, Tittman, and more recently
that the Quirinal hill was originally called Agonus, Nitzsch in his commentary on the Odyssey, mainand the Colline gate Agonensis.  (Fest. s. vv. Ago- tain that the people was allowed to speak and vote;
i2um, Quirinalis; comp. Dionys. ii. 37.)  What is while Atiller (Dor. iii. 1. ~ 3), who is followed
then more likely than that this sacrifice should  by Grote (fIist. of'Greece, vol. ii. p. 91), maintains
have been originally offered on this hill, and should  that the nobles were the only persons who proposed
thence have received the name of Agonalia?  It measures, deliberated, and voted, and that the
is expressly stated that the sacrifice was offered in  people was only present to hear the debate, and to
the regia, or the domsus regis, which in the historical express its feeling as a body; which expressions
times was situated at the top of the sacera via, near might then be noticed by a prince of a mild disthe arch of Titus (Becker, Handbuchl d. RMms. Al- position.  The latter view of the question is contert/h. vol. i. pp. 237, 238)-; but in the earliest times firmed by the fact, that in no passage in the
the regia is stated by an ancient writer to have  Odyssey is any of the people represented as taking
been upon the Quirinal (Solin. i. 21), and this  part in the discussion; while, in the Iliad, Ulysses
statement seems to render our supposition almost inflicts personal chastisement upon Thersites, for'certain.  (Clacssical siIuseum, vol. iv. pp. 154-  presuming to attack the nobles in the ayorua.  (II.
157.)                                           ii. 211 —277.)  The people appear to have been
The Circus Agoneosis, as it is called, is sup- only called together to hear what had been already
posed by many modern writers to have occupied  agreed upon in the council of the nobles, which
the place of the present Piazza Navona, and to  is called PovX'7  (II. ii. 53, vi. 114, yetpovTs
have been built by the emperor Alexander Severus  BovuAvTai), and agOwcKOS (Od. ii. 26), and someon the spot where the victims were sacrificed at times even a&yopd (Od. ix. 112; /&yopal Bovurlthe Agonalia.  Becker (ibid. pp. 668-670) has dp'pos). Justice was administered in the agora by
however brought forward good reasons for question- the king or chiefs (Hes. Tlaeog. 85; IIom. II.
ing whether this was a circus at all, and has shown  xviii. 497, &c. Od. xii. 439), but the people had no
that there is no authority whatever for giving it share in its administration, and the agora served
the name of circus Agonensis.                    merely the purpose of publicity.  The common
AGO'NES (&yo~es), the general term among  phrases used in reference to the cgora are eis icyopqVi
the Greeks for the contests at their great national  eaeEsty; &yopt E 7r0e0is al, oa'rOeOa; ESs r7s, a&yogames.  [CERTAMINA.]  The word was also used  p7, Eloedval, ayei[peOati, &c. (Wachsmuth, Ilellen.
to signify law-suits, and was especially employed  Alterth/cmsk. vol. i. p. 346, 2d ed.; Hermnann,
in the phrase &ayi Es T71WToL01 and iTi/yr-otL.  [TI- LerbuZGch. d. Giec/h. Staatsalt. ~ 55; Grote, I-ist.
MEMA.]                                           of Greece, vol. ii. pp. 91-101.)
AGONOITHETAE  (&ycnroOeTa,), were per-    Among the Athenians, the proper name for the
sons, in the Grecian games, who decided disputes assembly of the people was E'cK k~ia, and among'and adjudged the prizes to the victors. Originally, the Dorians &daa. The terma agora was confinedl
the person who instituted the contest and offered  at Athens to the assemblies of the phylae and
the prize was the agonothetes, and this continued  demi. (Aesch. c. Ctes. ~ 27. p. 50. 37; Schbmann,
to be the practice in those games which were in- De ComitiisAt/zen. p. 27, Antiq. Jur. Publ. Graec.
stituted by kings or private persons.  But in the  pp. 203, 205; *Bfickh, Corp. Inscrip. vol. i. p. 125.)
-great public games, such as the Isthmian, Pythian, In Crete the original name &yopd continued to be
&c., the agonoth/etae were either the representatives applied to the popular assemblies till a late period.
of different states, as the Amphictyons at the  (Bekker, Anecdot. vol. i. p. 210.)
Pythian games, or were chosen from the people in    A'GORA  (dyopd), was the place of public aswhose country the games were celebrated. During  sembly in a Greek city, both for traffic, and for
the flourishing times of the Grecian republics, the  the transaction of all public business.  It answcrs
Eleians were the agonotietae in the Olympic games, to the Roman forumc;  and, in fact, it is impossible
the Corinthians in the Isthmian games, the Am- to keep these two subjects entirely separate.
phictyons in the Pythian games, and the Corin-    In the earliest times, the Agora was merely an
thians, Argives, and inhabitants of Cleonae in the  open piece of ground, which was generally in front
Nemaean games. The dYcivoOeoram were also called  of the royal palace, and, in sea-port towns, close to
aervlu7s-atL,?aycidpXcat, aycooaiKat, d&OoOErat, the harbour.  The Agora of Troy was in the citaPae8ovXOL or  a~ovvdo1oL (from  the staff they  del.  Here, the chiefs met in council, and sat in
carried as an emblem  of authority), IPpaessTs, judgment, and the people assembled to witness
/3paev'rai.                                      athletic games.  It was evidently also the place of
AGORA (dyopd), properly means an assembly  traffic and of general intercourse: in one passage
of any nature, and is usually employed by Homer of Homer, we have a lively picture of the idlers
for the general assembly ofthe people.  The agora  who frequented it.  It was enclosed with large
seems to have been considered an essential part in  stones sunk into the earth, and seats of marble
the constitution of the early Grecian states, since  were placed in it for the chiefs to sit in judgment,
the barbarity and uncivilised condition of the Cy- and it was hallowed by the shrine of one or more
clops is characterised by their w)anting such an  divinities.  In the Agora which Homer particularly
assembly. (Hom. Od. ix. 112.) The agora, though  describes, - that of the Phaeacians, - there was
usually convoked by the king, appears to have been  a temple of Poseidon.  (Hom. II. ii. 788, vii. 345,
also summoned at times by some distinguished  346, xviii. 497-506, Od. vi. 263-285, viii. 16,
chieftain, as for example, by Achilles before Troy.  109, xvi. 361.)




AGORA.                                          AGOR.                        3
Out of this simple arrangement arose the Inag-  this the I-ellanodicae generally pass the day): but
lificent ahyopat of later times, which consisted of against these (pillars) they place altars to Zeus...
an open space, enclosed by porticoes or colonnades, To one going along this portico, into the Agora,
divided into separate parts for the various occupa- there lies on the left, along the further side of
tions which were pursued in it, adorned with  this portico, the dwelling of the Hellanodicae
statues, altars, and  temples, and  built about (6'EAXavo8erLcECV): and there is a street which
with edifices for the transaction of public and  divides it from the Agora... And near the porprivate business, and  for the administration of tico where the Hellanodicae pass the day, is
justice.                                         another portico, there being one street between
Our information  respecting  these edifices is them: this the Eleians call the Corcyraean porrather scanty.  The chief authorities are Pausanias tico " (because it was built fiom the tithe of spoil
and Vitruvius.  The existing ruins are in such a  taken from the Corcyraeans in war).  " But the
state as to give us a very little help.          style of the portico is Dorian and double, having
We have, first of all, in this, as in other de- columns on the one side towards the Agora, and
partments of architecture, to distinguish the an- on the other side towards the parts beyond the
cient style from that introduced by the Greeks of Agora: and along the middle of it is a wall,
Ionia after the Persian war, and more especially  which thus supports the roof: and images are
by Hippodamus of Miletus [see Dict. of Biog. s.v.], placed on both sides against the wall."  He then
whose connection with the building of &iyopat of a proceeds to mention the ornaments of the Agora,
new form is marked by the name'I7r7roadteLa, namely, the statue of the philosopher Pyrrhon;
which was applied to the Agora in the Peiraeus. the temple and statue of Apollo Acesius; the
(Harpocr. s.v.'I7rroGIaela.) The general character statues of the Sun and Moon; the temple of the
of the Greek &yopd is thus described by Vitruvius  Graces, with their wooden statues, of which the
(v. 1): —" The Greeks arrange their fora in a  dress was gilt, and the hands and feet were of
square form, with very wide double colonnades, white marble; the temple of Seilenus, dedicated
and adorn them with columns set near one another to him alone, and not in common with Dionysus;
and with stone or marble entablatures, and they  and a monumental shrine, of peculiar form, withmake walks in the upper stories."                out walls, but with oak pillars supporting the roof,
Among the a&yopai described by Pausanias, that which was reported to be the monument of Oxylus.
of the Eleians is mentioned by him (vi. 24) as The Agora also contained the dwelling of the sixbeing " not on the same plan as those of the Io-  teen females, who wove in it the sacred robe for
nians and the Greek cities adjoining Ionia, but it Hera.  It is worthy of remark that several of
is built in the more ancient fashion, with porticoes these details confirm  the high antiquity which
separated from  one another, and streets between  Pausanias assigns to this Agora.
them.  But the name of the Agora in our days is    Hirt has drawn out the following plan from the
Hoippodroosos, and the people of the country ex- description of Pausanias.  (Geschichte der Bauercise their horses there.  But of the porticoes, kunst bei den Alten, Taf. xxi. fig. 5.)  We give it,
the one towards the south is of the Dorian style of not as feeling satisfied of its complete accuracy, but
work, and the pillars divide it into three parts (in  as a useful commentary on Pausanias.
cZ    D 
X   a   C                   *a 0 0  0  0e C000
*  * o   o   o   e                                           o    e      
of1
*  0.  o
*  a'      a0'       — *a a                  a'a' 0    *   0 a
GROUND PLAN OF THE OLD AOORA At ELIS.
A, the chief open space of the agora, called, in  Greek &tyopal.  With respect to the other parts, it
the time of Pausanlias, hiappodeonus: a, colonnades is pretty evident that the chief open space, A, which
separated by streets, b: n, the Stoa in which the  Pausanias calls T7b VraeOpov Tr7s a&yopas, was deHellanodicae sat, divided from the Agora by a  voted to public assemblies and exercise, and the
street o: c, the house of the Hellanodicae:, the  sroal (a), with their intervening streets (_), to
Tholus: D, the Corcyraean Stoa, composed of two  private business and traffic.  I-irt traces a resemparts, c looking into the Agora, and d looking away  blance of form between the Eleian agora and the
from it: e, g, h, small temples: f, statues of the  Forum of Trajan.  It is evident that the words of
Sun and Moon: i, monument of Oxylus: k, house  Vitruvius, above quoted, refer to the more modern,
of the sixteen women.                            or Ionian form of the Agora, as represented in the
In this Agora the Stoa, o, answers to the later following plan, which is also taken from  Hirt
basilicae,. and the house c, to the prytaneio () in other (Geseiclite der Bauiunst, xxi. fig. 1): —.
Tholus D,  te Coryraea  Stoa  compsed o two  rivatebusinss an  trafic. Hrt  trces aresem




34                  AGORA.                                         AGORA.
also used as a treasury: D, the Basilica, or court of
justice: E, the Tholus, in connection with the other
rooms of the Prytaneimi, c, d.!llrmTi bl.  f1   The cut below, which is also from Hirt, re>1r'i lll  ~      1111111 4-A        presents a section of the Agora made along the
-_.' _ dotted line on the plan.
t  I ff1 ~  - *   *     We gain further information respecting the buildings connected with the Agora, and the works of
art with which it was adorned, chiefly from the
statements of Pausanias respecting those of particular cities, such as Athens (i. 5. ~ 2), Thebes
(ix. 17. ~ 1), Sicyon (ii. 7. ~ 7, 9. ~ 6), Argos (ii.
21), Sparta (iii. 11), Tegea (viii. 47. ~ 3), Mega=.., ~lopolis (viii. 30. ~ 2), to which passages the reader
is referred for the details.  The buildings mentioned in connection with the Agora are:- 1.
H_..._= Temples of the gods and shrines of heroes [TEMai;.  -.;      -1 PLUM], besides altars and statues of divinities............The epithet &yopaZoy is often applied to a divinity
C      l c  1 o   *'who was thus worshipped ill the Agora (Panus.
I  I                         I  I         ll. cc.; Aesch. Emnen. 976; Soph. Oed. Tyr.
161, where mention is made of the circular throne
of Artemis in the Agora), and Aeschylus exPLAN OF A GREEK AGORA, ACCORDING TO            pressly refers to the 
VITR UVIUS.
c. Theb. 271, 272).  2. The Senate-house (3ovAevA, the open court, surrounded by double colon- TripLOV), and other places for the meetings of the
nades and shops: B, the Curia: c, the chief temple, governing bodies, according to the constitution of the
i m ~_ —— m'
SECTION OF THE SAME.
particular state: in the Agora at Sparta, for ex- and in which also stood the statues of the ten
ample, there were the senate-house of the Gerontes  heroes (&apXr-y'ra), after whom the Phylae of
and the places of meeting of the Ephori, the No-  Cleisthenes were named, of Solon, of Harmodius,
mophylaces, and the Bidiaei.  3. The residence of and Aristogeiton, of the orator Lycurgus, and of
the magistrates for the time being [PRYTANEIUM]. very many others.  It was customary also to build
4. Courts of justice [BASILICA].  5. The public  new porticoes out of the spoils taken in great wars,
treasury [THHESAURUS]. 6. The prison [CARCEPR]. as examnples of which we have the Corcyraean por7. The police station, if such a term may be ap- tico at Elis, mentioned above, and the Persian porplied to an ancient Agora. At Athens, for example, tico at Sparta.
the station of the thousand Scythi'an bowmen, who    The open area of the Agora was originally the
formed the police force of the state, was in the  place of public assembly for all purposes, and of
middle of the Agora: this does not, however, seem  general resort.  Its use for political purposes is doto have been a permanent bIuilding, but only a  scribed in the preceding article.  Here also were
number of tents.  8. Buildings used for the re- celebrated the public festivals.  At Sparta, the
gulation of the standards of measure, and so forth; part of the Agora ii which stood the statues of
such as the building vulgarly called the Temple of Apollo, Artemis, and Leto, was called XdpoT, bethe Winds at Athens [HOROLOGIUM], and the  cause the choruses of the Ephebi performed their
Milliarium Aureum at Rome, which seems to have  dances there at the festival of the Gymnopaedia.
been imitated from  a similar standard at Athens  (Pans. iii. 9.)  Lastly, it was the place of social
[MILLIARIUM].  To these various buildings must and fashionable resort.  At Athens, fashionable
be added the works of art, with which the open  loungers were called &ayadEara'yopas.
area and the porticoes of the Agora were adorned;    Originally the Agora was also the market, and
which were chiefly in celebration of gods and  was surrounded with shops, as shown in the above
heroes who figured in the mythology, of men who  plan.  As commerce increased, it was found conhad deserved well of the state, of victories and  venient to separate the traffic from the other kinds
other memorable events, besides- those which ob- of business carried on in the Agora, and to assign
tained a place there purely by their merits as  to each its distinct place, though this was by no
master-pieces of art.  As a specimen we may  means universally the case.  The market, whethei
take the Agora at Athens, a portico of which, identical with, or separate from the Agora for pothence:called the  roo 7rrolKiAS, was adorned with  litical and other assemblies, was divided into parts
the paintings of Polynotus, Micon, and others, for the different sorts of merchandise, each of




AGORA.                                            AGORA.                      35
course ful;nshed with colonnades, which the climate  (Theophr. Chatr. 2; Poll. x. 18.)  The common
rendered necessary, and partly with shops and  explanation is, that it was the part of the market
stalls, partly with temporary booths of wicker-  to which women resorted to purchase what they
work (ewc7ovai, Harpocr. s. v. lcrlirc's; Demosth.  -wanted for household uses. But it appears clearly
de C'or. p. 284).  Each of these parts was called a  that purchases were seldom made in the market
icvicAos.  It is generally stated that this term was  by women, and never by free women.  The only
applied only to that division of the market where  plausible explanation is, either that a distinct part:neat, fish, and such things were sold; but Becker  of the market was assigned to those commodities,
has shown that it was used also for other parts of the sellers of which were women, such as the
the market (Clharikles, vol. i. pp. 268, 269).  The  a&p'orcmAtSes, XeKLtO7rc6ASes, o'xaaor7r&L6Aes, 075several divisions of the market were named ac- Qpavo'rchAres, and others, or else that the term
cording to the articles exposed for sale in them. was applied to that part of the market where
(Poll. ix. 47, x. 19.)  Of these divisions, the fol-  articles for the use of women were sold.  But the
lowing were the most important.                    matter is altogether doubtful.  The above list of
The part in which fish and other delicacies for commodities, sold in the respective divisions of the
the table were exposed to sale was called iXOvs, market, might be still further extended.  Indeed,
cito., or lXOudirwAts ayopd, and was the chief with reference to the Athenian market, to which
cenltre of business.  It was open only for a limited  the description chiefly applies, there can be no
tinle, the signal for commencing business being  doubt that every article of home produce or of
given by the sound of a bell, which was obeyed  foreign commerce from the known world was there
with an eagerness that is more than once plea-  exposed for sale.  (See Thuc. ii. 18; Xen. Oecon.
santly referred to by the ancient writers. (Plu-  Aith. ii. 7; Isocr. Pancey. 64; Ath. xiv. p. 640,
tarch, Synzpos. iv. 4, 2; Strab. xiv. p. 658.)  The  b, c.)
coarseness and impositions of the fishsellers, and   It is not to be supposed, however, that the sale
the attempts of purchasers to beat them down, are  of these various articles was confined to the market.
fiequently alluded to by the comic poets. (Amphis,  Frequent mention is made of shops in other parts
ap. Ath. vi. p. 224, e.; Alexis, ibid.; Xenarch. ibid. of the city (e. g. Thuc. viii. 95), and some articles,
p. 225, c.; Alexis, ibid. p. 226, a, b.; comp. Plat.  such as salt fish, seem to have been sold outside
L eg. xi. p. 917.) It is not quite clear whether meat, the gates. (Aristoph. Equzit. 1246.)
poultry, and so forth, were sold in the same place    The time during  which the markdt was freas the fish, or had a separate division of the market quented was the forenoon; but it is difficult to deassigned to them.  Bread was partly sold in the  termine precisely how much of the forenoon is
assigned place in the market, which was per-  denoted by the common phrases 7rXrlovoua &yopa,
haps the same as the meal-market (a' iiX(ptra), 7repi 7rXMovo-av ayeopd&, irXcqlOCp7 &yopas. (Herod.
and partly carried  round for sale: the sellers  ii. 173, vii. 223.)  Suidas (s. v.) explains rxO'0uovra
were generally  women, and  were proverbially  aYeopa as Zpa TpicT, but elsewhere (s. v. 7repl rA8.
abusive.  (Aristoph. Ran. 857, Vesp. 1389.)  In  &y.) he says that it was either the fourth, or fifth,
another part of the market, called tsxu~av, were  or sixth hour.  We might infer that the whole
the women who sold garlands of myrtle and  period thus designated was from nine to twelve
flowers for festivals -and parties. (Plut. Arat. 6; o'clock (equinoctial time); but Herodotus, in two
Aristoph. Tesmn. 448, 457.)  Near these, pro- passages (iii. 104, iv. 18i) makes a distinction bebably, were the sellers of ribands and fillets for tween  7rXOoeovaa &yopd and lsel gepl.a.     (Comp.
the head.  (Demosth. is Eubztl. p. 1308.)  The  Liban. Ep. 1084.)  The time of the conclusion of
wholesale traffic in wine, as distinct from  the  the market was called hyopas adXavoq-s (Herod. iii.
business of the tcdrralAos [CAUPo], Iwas carried on  104, comp. Xenoph. Oecon. 12, 1; and for a furin the market, the wine being brought in from  ther discussion respecting the time of the full marthe country in carts, from which it was transferred  ket, see Duker, ad Thuc. viii. 92; Wesseling, ad
to amphorae: the process is represented in two  Diod. Sic. xiii. 48; Perizon. (ad Alelian. V. If. xii.
pictures at Pompeii. (Alexis, ap. Ath. x. p. 431, e.;  30; Gesner and Reiz, ad Lucian. Phlilops. 11, vol.
Alus. Borbon. vol. iv. Relaz. d. Scav. A., and vol. v. iii. p. 38; iBithr, ad iHerod. ii. 173.)  During these
p. 48.) [AMPHORA.]  The market for pottery was  hours tf'ei;larket was a place not only of traffic
called Xirpam; and must not be confounded with  but of generail resort.  Thus Socrates habitually
the place where cooks sat and offered themselves  frequented it ts one of the places where he had the
for hire, with their cooking utensils: this latter  opportunity of-tonversing with the greatest number
place was called ~aTyempea. (Poll. ix. 48; Alexis, of persons. (Xen. Mfest. i. 1. ~ 10; Plat. Apol. p.
-ap. Atls. iv. p. 164, f.)  In short, every kind of ne-  17.)  It was also frequented in other parts of the
cessary or luxury was exposed for sale in its as- day, especially in the evening, when many persons
signed place.  Thus, we find, besides those already  might be seen walking about or resting upon seats
mentioned, the market for onions (-& cKPo'UVa), for placed under the colonnades.  (Demosth. in Con.
garlick (ra  scwdpoea), for nuts (a- Ktcpva), for p. 1258; Pseudo-Plut. Vit. X. Or. p. 849, d.;
apples (ra& /,Aa), for fresh cheese (6 XXcwpbssvpdos), Lucian. Jp. Trag. 16, vol. ii. p. 660.)  Even the
for oil (roV'Acmov), for perfumes and unguents (Ta  shops themselves, not only those of the barbers, the
Muipa), for frankincense (6 AlXavao'ds), for spices  perfumers, and the doctors, but even those of the
(r'a a&pc/aTa), for couches (ai KAicXat)j for new and  leather-sellers and the harness-makers, were comold clothes (&y7op& tMcaSi&7rWoAls, or o7relp07rowA.s, mon places of resort for conversation; and it was
Poll. vii. 78), for books (3BLXeIONLjK1), and for even esteemed discreditable to avoid them  altoslaves (T-& dvSpdcroea, Poll. x. 19).  Lastly, a part gether.  (Aristoph. Plut. 337, Av. 1439; Xern.
of the market was devoted to the money-changers  Anemn. iv. 2. ~ 1; Lysias, in Panel. pp. 730, 732;
(Tpaere'r)iat). [ARGENTARaI.]  Mention is some- de Inval. p. 754; Demosth. in Aristog. p. 786.)
times made of the women's market, yva'lceLa    The persons who carried on traffic in the market
dyopd, a term which has given rise to much doubt. were the olnmtry people (&yopaoti), who brought
I 2




36                 ACORA.                                     AGRAPHIOU GRAPHIE.
in their commodities into the city, and the retail    AGORA'NOMI  (&'yopavd4oi)  were  public
dealers (dcabrXo0L) who exposed the goods pur- functionaries in most of the Grecian states, whose
chased of the former, or of producers of any kind  duties corresponded in many respects to those of
(aVbrosrXae), or of foreign merchants (4azropoL), for the Roman aediles; whence Greek writers on
sale in the markets.  (Plat. de Repub. ii. p. 371; Roman affairs call the aediles by this name. Under
Xen. 1oern. iii. 7. ~ 6; Plut. A1rat. 8; CAUPO.)  the Roman empire, the agoranomi were called
A certain degree of disgrace was attached to the  XoyLrOar (Schol. ad Aristoph. Acharn. 688): they
occupation of a retail dealer, though at Athens  enjoyed in later times great honour and respect,
there were positive enactments to the contrary. and their office seems to have been regarded as
(Andoc. (e / yst. p. 68; Aristot. de Repub. i. 10, one of the most honourable in the Greek states.
ii. 5; Plat. Leg. xi. pp. 918, 919; Diog. La/rt. i. We frequently read in inscriptions of their being
104, ix. 66; Aristoph. Eq. 181; Demosth. c. Eubul. rewarded with crowns, of which many instances
30, p. 1303.)  There is an interesting but very  are given by Miiller.  (Aeyinetica, p. 138)  They
difficult question as to the effect which the occu-  were called by the Romans csratores reipublicae.
pation of selling in the market had upon the social (Cod. 1. tit. 54. s. 3.)
position of women who engaged in it.  (Demosth.    Agoranomi existed both at Sparta and Athens.
in Neaer. p. 1367; Lys. in T/zeons. p. 361; Plut. Our knowledge of the Spartan agoranomi is very
Sol. 23; Harpocr. and Suid. s.v. fIIcoX-cL; Becker, limited, and derived almost entirely from inscripC/zarikles, vol. i. pp. 260-266.)  The wholesale  tions.  They stepped into the place of the ancient
dealers also sold their goods by means of a sample  Essspelori (Eu7rE'AcXpoL) in the time of the Romans.
(6besyya), either in the market, or in the place  They formed a collegium (o'vvapXia) with one at
called des-yea, attached  to the port.  (Harpocr. their head, called 7rpEu'ovs  (Bbckh, CGop. Inscr.
s.v. 8e2ybea; Poll. ix. 34; Plunt. De7mostsh. 23; vol. i. p. 610; and Sauppe in Rlseinisc/es Musess,
Plat. Leg. vii. p.788; Diphil. ap. Atsh. xi. p. 499, e.; vol. iv. p. 159, New Series.)  The Athenian agoBickh, Econ. of At/s. p. 58, 2d ed.)  The retail ranomi were regular magistrates during the flourishdealers either exposed their goods for sale in their  ing times of the republic.  They were ten in
shops, or hawked them about. (Aristoph. Aclzarn. number, five for the city and five for the Peiraeeus,
33; Plut. Apop/ith. Lacon. 62, p. 236.)  The pri-  and were chosen by lot, one from  each tribe.
vilege of freely selling in the market belonged to  (Dem. c. Tizsocr. p. 735; Aristoph. Acharn. 689.)
the citizens: foreigners had to pay a toll.  (De-  The reading in Harpocration (s. v. &yopavdiot),
mosth. iz Eeubul. p. 1308; Bi/ckh, Econ. of At/s. which mentions twenty agoranomi, fifteen for thee
p. 313.)                                           city, and five for the Peiraeeus, is false.  (B6ickh,
Most citizens either made their own purchases  Coip. Inscr. vol. i. p. 337.)
in the market (Aeschin. c. Timarch. p. 87;    The principal duty of the agoranomi was, as
Aristoph. Lsistr. 555-559), or employed a slave, their name imports, to inspect the market, and to
who was called, from his office, &ayopae'ris (Xen. see that all the laws respecting its regulation were
Mes7z. i. 5. ~ 2; comp. Ath. iv. p. 171; Poll. iii. properly observed.  They had the inspection of all
126; Terent. Andr. ii. 2. 31.)  Sometimes female  things which were sold in the market, with the
slaves performed this  office  (Lysias, de Caed. exception of corn, which was subject to the jurisE ratostsh. p. 18, comp. p. 11), but such an appear-  diction of the orvoq; aKtes.  [SITOPNYLACES.]
ance in public was not permitted to any free wo- The agoranomi had in fact chiefly to attend to
man, except a courtezan (Machon, ap. Athl. xiii. retail-trade (ca7rqAeLa): wholesale-trade was not
p. 580.)  The  philosopher Lynceus, of Samos, much carried on in the market-place, and was
wrote a book for the guidance of purchasers in the  under the jurisdiction of the i7rtLupeMXTal rro'Elumarket.  (Ath. vi. p. 228.)  It was esteemed dis- wropeov.  They regulated the price and quantity of
reputable for people to carry home their purchases  all things which were brought into the market,
from the markets, and there were therefore porters  and punished all persons convicted of cheating,
in attendance for that purpose, who were called  especially by false weights and measures.  They
7rpoiJveLcot, 7raeLapou'es, and 7ra&sOVes.  (Theo-  had in general the power of punishing all infraction
phrast. Clasr. xvii.-xxii.; Hesych. s. v. SrpouvEL eo.)  of the laws and regulations relating to the market,
The preservation of order in the market was the  by inflicting a fine upon the citizens, and personal
office of the AGORANOMI.  chastisement upon foreigners and slaves, for which
Both the architectural details of the Agora and  purpose they usually carried a whip.  They had
the uses of its several parts might be further illus-  the care of all the temples and fountains in the
trated by the remains of the &-yopd or &yopat (for market-place, and received the tax (oeVtscb,'redos)
it is even doubtful whether there were two or only  which foreigners and aliens were obliged to pay for
one) at Athens; but this would lead us too far into  the privilege of exposing their goods for sale in the
topographical details.  This part of the subject is  marlet.  (Schol. ad Aristopuh. Ac/larn. 689; Plat.
fully discussed in the following works: Leake, Leg. vi. p. 763, viii. p.849, xi. pp. 91 7, 918; Liban.
Topogsapl/y of A4thens; Krause, Hellas, vol. ii.; Declasn. 46;  myopas'tEros, Aristoph. Alcharn.
Miiller, in Ersch and Gruber's Encyclop/idie, art.  861, and Schol.; Phot. s. v. bcare' TiV &yopaci.)
Attica; Hirt, Lelgre d. Gebuzsde, ch. v. snpp. 1; The public prostitutes were also subject to their
Wachsmuth, tIellen. Alterthumsk. vol. i. supp. 6, b, regulations, as was the case at Corinth (Justin. xxi.
2d ed.                                             5.), and they fixed the price which each prostitute
For the whole subject the chief modern au-  was to take.  (Suid. and Zonar. s. v. blcpaly~pa.)
thorities are the following: - Hirt, Lehre d. Ge-  The duties of the agoranomi resembled those of the
biuade d. Griec/ren und Risssern, ch. v.; Stieglitz, astynomi.  [ASTYNOlIl.]  (Meier, Att. Process,
Archiiol. d. Baukunst; Wachsmuth, Hellenisc/le  p:x. 89-92; Biickh, Paub. Econ. of Athens, pp. 48,
Alterthumsksunde;  Bickh, Public  Oeconomny  of  333, 2nd ed.)
Athens; and especially Becker, Cizarihles, 4th    AGRA'PHIOU GRAPHE' (a3ypamiov ypa(p).
scene, vol. i. pp. 236-296, in the original. [P.S.]  The names of all persons at Athens who owed any




AGRARIAE LEGES.                                   AGRARIAE LEGES.                 37
sum of money to the state (oi TrCp 8700oow  OPIEI-  inquiry of the present kind, we may begin at any
Ao-rFs) were registered by the practores (?rpdhc- point in the historical series which is definite, and
TopES), upon tablets kept for that purpose in the  we may ascend from known and intelligible notemple of Athena, on the Acropolis (Dem. c. Aristog. tions which belong to a later age, towards their
i. p. 791; Harpocr. and Suidas, s. v.'tevmeyypacpi); historical origin, though we may never be able to
and hence the expression of being registered on the' reach it.
Acropolis (Yesypa/U,'Eos'v'A1cpor'dXe) always    Gaius (ii. 2, &c.), who probably wrote under
means being indebted to the state.  (Dem. c. the Antonines, made two chief divisions of Roman
Tleoc'r. p. 1337.) Whoever paid his fine after regis- lald; that which was divini jsvris, and that which
tration was erased, either wholly or in part, ac- was humzani jzmris.  Land which was divini juris
cording to the amount paid; but if a person's name  was either sacer or religiosus. (Compare Frontinus,
was improperly erased, he was subject to the action  De Re Agrcaria, xiii. or p. 42. ed. Goes.)  Land
for non-registration (a&ypaplov ypap'), which was which was sacer was consecrated to the Dii Suunder the jurisdiction of the thesmothetae.  If an  peri; land which was religiosus belonged to the
individual was not registered, he could only be  Dii Manes.  Land was made sacer by a lex or
proceeded against by  &E;t1Stis, and was not liable  senatus consultum; and, as the context shows,
to the &ypacpiov ypaef. (Dem.-in Tlieocr. p. 1338.) such land was land which had belonged to the
Hlesychius, whose account has been followed by  state (populuts Romlanus).  An individual could
Ilemsterhuis and Wesseling, appears to have been  make a portion of his own land religiosus by the
mistaken in saying that the aypaqplov ypacq  could  interment in it of one of his family: but it was the
be instituted against debtors, who had not been  better opinion that land in the provinces could not
registered.  (Meier, Att. Process, pp. 353, 354; thus be made religiosus; and the reason given is
BIockh, Pzbl. Econ. ofAt/lens, pp. 388, 389, 2nd ed.) this, that the ownership or property in provincial
AGRAPHOU   METALLOU   GRAPHE' lands is either in the state (pop. Romn.) or in the
(cyptcpov  Ue'raXAXov oypaqpm) was an action brought Caesar, and that individuals have only the possesbefore the thesmothetae at Athens, against an in- sion and enjoyment of it (possessio et esus frziCdividual, who worked a mine without having pre- tizs).  Provincial lands were either stipendiaria or
viously registered it.  The state required that all tribzetcaria: the stipendiaria were in those provinces
mines should be registered, because the twenty-  which were considered to belong to the Roman
fourth part of their produce was payable to the  state; the tributaria were in those provinces which
public treasury.  (Bdckh, Publ. Econ. of AtAhens, were considered as the property of the Caesar.
p. 664, 2nd ed.; Meier, Altt. Process, p. 354.)  Land which was humani juris, was divided into
AGRA'RIAE  LEGES.'" It is not exactly  public and private: public land belonged to the
true that the agrarian law  of Cassius was the  state; private land, to individuals.
earliest that was so called: every law by which the    It would seem to follow from the legal form obcommonwealth disposed of its public land, bore  served in making land sacer, that it thereby ceased
that name; as, for instance, that by which the  to be publicus; for if it still continued publicus, it:
domain of the kings was parcelled out among the  had not changed its essential quality.  Niebuhr
commonalty, and those- by which colonies were  (Appendix I. vol. ii.) has stated that " all Roman
planted.  Even in the narrower sense of a law  land was either the property of the state (common
whereby the state exercised its ownership in re- land, domain), or private property, — att publicizs
moving the old possessors from  a part of its  aut privatus;" and he adds that "c the landed
domain, and making over its right of property  property of the state-was either consecrated to the
therein, such a law existed among those of Servius  gods (sacer), or allotted to men to reap its fruits
Tullius."  (Niebuhr, Rome. Hist. vol. ii. p. 129. (profanus, hlunzanijzris)."'  Niebuhr then refers to
transl.)                                        the view  of Gaius, who makes the division into
The complete history of the enactments called  dinvi juris and lhuzani juris, the primary divi-:
agrarian laws, either. in the larger and more cor- sion; but he relies on the authority of Frontinus,
rect sense, or in the narrower sense of the term, supported by Livy (viii. 14), as evidence of the
as explained in this extract, would be out of place  correctness of his own division.*
here.  The particular objects of each agrarian law  Though the origin of that lind of property
must be ascertained from its provisions. -But all
these numerous enactments had reference to the    * It is obvious, on comparing two passages in
puablic land; and many of them were passed for Frontinus (De Re AgraTia xi. xiii.), that Niebuhr
the purpose of settling Roman colonies in con- has mistaken the meaning of the writer, who
quered districts, and assigning to the soldiers, who  clearly intends it to be inferred that the sacred
formed a large part of such colonists, their shares  land was not public land. Besides, if the meaning
in such lands. The true meaning of all or any of of Frontinus was what Niebuhr has supposed it to
these enactments can only be understood when we  be, his authority is not equal to that of Gains on a
have formed a correct notion of property in land, matter which specially belongs to the province of
as recognised by Roman law. It is not necessary, the jurist, and is foreign to that of the agrimensor.
ill order to obtain this correct notion, to ascend to  The passage of Livy does not prove Niebuhr's
the origin of the Roman state, though if a com- assertion. Livy merely states that the temple and
plete history of Rome could be written, our con- grove of Sospita Juno should be common to the
ception of the real character of property in land, Lanuvini municipes and the Roman people; and
as recognised by Roman law, would be more en- in what other terms could he express the fact
larged and more precise.  But the system  of that the temple should be used by both people?
Roman law, as it existed under the emperors, That does not prove that a temple was considered
contained both the terms and the notions which  the same kind of public property as a tract- of
belonged to those early ages, of which they are  unconsecrated land was.  The formn of dedition in
the most faithful historical monunents.  In an  Livy (i. 38) may easily be explained.
D 3




38            AGRARIAE LEGES.                                 AGRARIAE LEGES.
called public land must be referred to the earliest  enjoyment of the public lands; that is, the notion
ages of the Roman state, it appears from Gaius that  of occupying and enjoying public land was in the
under the emperors there wa3 still land within the  early ages of the republic distinguished from  the
limits of the empire, the ownership of which was  right of property in it. Nothing was so natural as
not in the individuals who possessed and enjoyed it,  to apply this notion, when once fixed, to the posbut in the populus Romanus, or the Caesar. This  session of private land as distinct from the ownerpossession and enjoyment are distinguished by him  ship; and accordingly the same technical terms
from  ownership (dominium).  The term possessio  were applied to the possession of private land.
frequently occurs in those jurists from  whom the  Various applications of the word possessio, with
Digest was compiled; but in these writers, as they  reference to private land, appear in the Roman
are known to us, it applies only to private land, law, in the bonorum  possessio of the praetorian
and the Ager Publicus is hardly, if at all, ever heres and others.  But all the uses of the word
noticed by them. Now this term Possessio, as used  possessio, as applied to ager privatus, however
in the Digest, means the possession of private land  they may differ ill other respects, agreed in this:by one who has no kind of right to it; and this  they denoted an actual possession and enjoyment
possessio was protected by the praetor's interdict, of a thing, without the strict Roman (Quiritarian)
even when it was without bona.fides or justa  ownership.
causa: but the term  Possessio in the Roman          3. The word possessio, which originally signified
historians, Livy for instance, signifies the occupa- the right of the possessor, was in time used to
tion (occupatio) and enjoyment of public land; and  signify  the  object of the  right.  Thus ager
the true notion of this, the original Possessio, con  signified a piece of land, viewed as an object of
tains the whole solution of the question of the  Quiritarian ownership, possessio, a piece of land,
Agr:urian Laws.  For this solution we are mainly  in which a man had only a bonitarian or beneficial
indebted to Niebuhr and Savigny.                   interest, as, for instance, Italic land not transferred
This latter kind of Possessio, that which has  by mancipatio, or land which from its nature could
private land for its object, is demonstrated by  not be the subject of Quiritarian ownership, as
Savigny (the term  here used can hardly be said  provincial lands and the old ager publicus.  Posto be too strong) to have arisen from  the first sessio accordingly implies usess; ager implies prokind of possessio: aled thus it might readily be  prietas or owner-;hip.  This explanation  of the
supposed that the Roman doctrine of possessio, as  terms ager and possessio is from  a jurist of the
applied to the occupation of private land, would  imperial times, quoted by Savigny  (Javolenus,
throw  some light on the nature of that original Dig. 50. tit. 16. s. 115); but its value for the
possessio out of -which it grew.  In the imperial purpose of the present inquiry is not on that acperiod, public land -had almost ceased to exist in  count the less.  The ager publicus, and all the old
the Italian peninsula, but the subject of possession  notions attached to it, as already observed, hardly
in private lands had become a well understood  occur in the extant Roman jurists; but the name
branch of Roman law.  The remarks in the three  possessio, as applied to private land, and the legal
following paragraphs are from Savigny's valuable  notions attached to it, are of frequent occurrence.
work, Das Recht des Besitzes (5th ed. p. 172):-   The form of the interdict, - uti possidetis, -  as it
1. There were two kinds of land in the Roman  appears in the Digest, is this: — Uti eas aedes...posstate, ager publicus and ayer privatus: in the  sidetis...vim fieri veto.  But the original form  of
latter alone private property existed.  But con- the interdict was: Uti nunc possidetis eumfundoun,
formably to the old constitution, the greater part &c. (Festus in Possessio); the word fundus, for
of the ager publicus Was occupied and enjoyed by  which aedes was afterwards substituted, appears to
private persons, and apparently by the patricians  indicate an original connection between the interonly, or at least by them  chiefly till the enact-  diet and the ager publicus.
ment of the Licinian Rogations; yet the state    We know nothing of the origin of the Roman
could Iesume the land at pleasure.  Now we find  public land, except that it was acquired by conno mention of any legal form for the protection of quest, and when so acquired it belonged to the
the occupier, or Possessor as he was called, of such  state, that is, to the populus, as the name publicus
public land against any other individual, though  (populicus) imports; and the original populus was
it cannot be doubted that such a form  actually  the patricians only.  We may suppose that in the
existed.  But if we assume that the interdict early periods of the Roman state, the conquered
which protected the possession of an individual in  lands being the property of the populus, might be
private land, was the form  which protected the  enjoyed by the members of that body, in any way
possessor of the public land, two problems are  that the body might determine. But it is not quite
solved at the same time, — an historical origin is  clear how these conquered lands were originally ocdiscovered for possession in private land, and a  cupied. The following passage from Appian (Civil
legal form for the protection of possession in public  Yiers, i. 7) appears to give a probable account of
land.                                              the matter, and one which is not inconsistent with
An hypothesis, which so clearly connects into  such facts as are otherwise known:_-" The Roone consistent whole, facts otherwise incapable of mans," he says, " when they conquered any part
such connection, must be considered rather as  of Italy, seized a portion of the lands, and either
evolving a.latent fact, by placing other known  built cities in them, or sent Roman colonists to
facts in their true relative position, than as in-  settle in the cities which already existed.  Such
volving asn independent assumption.  But there  cities they designed to be garrison places.  As to
is historical evidence in support of the hypo- the land thus acquired from  time to time, they
thesis.                                            either divided  the  cultivated  part among  the
2. The words possessio, possessor, and possidere  colonists, or sold it, or let it to farm.  As to the
are the technical terms used by writers of very  land which had fallen out of cultivation in consedifferent ages, to express the occupation and the  quence of war, and which, indeed, was the larger




AGRARIAE LEGES.                                   AGRARIAE LEGES.                 30
part, having no time to allot it, they gave public    But whatever was the mode in which these lands
notice that any one who chose might in the mean-  were occupied, the possessor, when once in possestime cultivate this land, on payment of part of the  sion, was, as we have seen, protected by the praetor'a
yearly produce, namely, a tenth of the produce of interdict.  The patron who permitted his client to
arable land, and a fifth of the produce of olive- occupy any part of his possession as tenant at will
yards and vineyards.  A rate was also fixed to be  (precario), could eject him at pleasure by the inpaid by those who pastured cattle (on this undi-  terdictum de precario; for the client did not obtain
vided land) both for the larger and smaller ani- a possession by such permission of his patron. The
mals. And this they did with a view to increase  patron would, of course, have the same remedy
the numbers of the Italian people, whom they con- against a trespasser.  But any individual, howsidered to be most enduring of labour, in order ever humble, who had a possession, was also prothat they might have domestic allies.  But it tected in it against the aggression of the rich; and
turned out just the contrary of their expectations. it was " one of the grievances bitterly complained
For the rich occupied the greater part of this un- of by the Gracchi, and all the patriots of their
divided land, and at length, feeling confident that age, that while a soldier was serving against the
they should never be deprived of it, and getting  enemy, his powerful neighbour, who coveted his
hold of such portions as bordered on their lands, small estate, ejected his wife and children." (Nieb.)
arid also of the smaller portions in the possession  The state could not only grant the occupation or
of the poor, some by purchase and others by force, possession of its public land, but could sell it, and
they became the cultivators of extensive districts  thus convert public into private land.  A renmarkinstead of farms. And in order that their culti- able passage in Orosius (Savigny, p. 176, note),
vators and shepherds might be free from military  shows that public lands, which had been given
service, they employed slaves instead of freemen; to certain religious corporations to possess, were
and they derived great profit from their rapid in- sold in order to raise money for the exigencies of
crease, which was favoured by the immunity of the state.  The sellinzg of that land which was
the slaves from military service.  In this way the  possessed, and the circumstance of the possession
great became very rich, and slaves were numerous  having been a grant or public act, are both conall through the country.  But this system reduced  tained in this passage.
the number of the Italians, who were ground down    The public lands which were occupied by posby poverty, taxes, and military service; and when- sessors, were sometimes called, with reference to
ever they had a respite from these evils, they had  such possession, occzpUatorii; and, with respect to
nothing to do, the land being occupied by the  the state, concessi.  Public land which became pririch, who also employed slaves instead of free- vate by sale was called quaestoriss; that which is
men."  This passage, though it appears to contain  often spoken of as assigned (assignatus), was marked
much historical truth, does not distinctly explain  out and divided (lismitatus) among the plebeians
the original mode of occupation; for we call in equal lots, and given to them in absolute ownerscarcely suppose that there were not some rules  ship, or it was assigned to the persons who were
prescribed as to the occupation of this undivided  sent out as a colony. Whether the land so granted
land.  Livy also gives no clear account of the  to the colony should become Roman or not, demode in which these possessions were acquired; pended on the nature of the colony.  The namne
though he states in some passages that the con- ager publicus was given to the public lands which
quered lands were occupied by the nobles, and  were acquired even after the plebs had become one
occupation (occupatio) in its proper sense signifies  of the estates in the Ronlan constitution, though
the taking possession of vacant land.  As the  the name publicus, in its original sense, could no
number of these nobles was not very great, we  longer be applicable to such public lands.  After
may easily conceive that in the earlier periods of the  the establishment of the plebs as an estate, the
republic, they might regulate among themselves  possession of public land was still claimed as the
the mode of occupation.  The complaint against peculiar privilege of the patricians, as before the
the nobles (patres) shortly before the enactment of establishment of the plebs it seems to have been.
the Licinian Rogations was, that they were not the only way in which public lands were enjoyed
content with keeping the land which they ille- by the populus: the assignment, that is the grant
gally possessed (possesso per injuriam  agro), but by the state of the ownership of public land inthat they refused to distribute among the plebs the  fixed shares, was the privilege of the plebs.  In
vacant land (vacuum  agrum) which had then re- the early ages, when the populus was the state, it
cently been taken from the enemy.  (Liv. iv. 51, does not appear that there was any assignment of
vi. 5. 37; OCCUPATIO).  It probably sometimes public lands among the populus, though it may be
happened that public land was occupied, or squatted  assumed that public lands would occasionally be
on (to use a North American phrase), by any ad- sold; the mode of enjoyment of public land was
venturers.?                                      that of possessio, subject to an annual payment to
the state.  It may be conjectured that this ancient;  It is stated in the American Almanac for possessio, which we cannot consider as having its
1 839, that though the new territory of Iowa con- origin in anything else than the consent of the state,
tains above 20,000 inhabitants, " none of the land  was a good title to the use of the land so long as
has been purchased, the people being all what are  the annual payments were made.  At any rate,
termed squatters."   The land alluded to is all the plebs had no claim upon such ancient possespublic land.  The squatter often makes consider- sions.  But with the introduction of the plebs as a
able improvements on the land which he has oc- separate estate, and the acquisition of new lands
cupied, and even sells his interest in it, before any
purchase is made of the land.  The privilege of the only security which either the squatter or the
pre-emption which is allowed to the squatter, or person who purchases from him, has for the imto the person who has purchased his interest, is provements made on the land.
D u4




40            AGRARIAE LEGES.                               AGRARIAE LEGES.
by conquest, it would seem that the plebs had as statement is true, all the sums paid by the original
good a title to a share of the newly conquered  landholders were appropriated to the colonists.
lands, as the patricians to the exclusive enjoyment Niebuhr seems to suppose, that the Roman state
of those lands which had been acquired by conquest might at any time resume such restored lands
before the plebs had become an estate; and ac- and, no doubt, the notion of a possibility of recording to Livy (iv. 49), the plebs founded their sumption under some circumstances at least was
claim to the captured lands on their services in the  involved in the tenure by which these lands were
war.  The determination of what part of newly  held; but it may be doubted if the resumption of
conquered lands (arable and vineyards) should re- such lands was ever resorted to except in extraormain public, and what part should be assigned to  dinary cases, and except as to conquered lands'the plebs, which, Niebuhr says, " it need scarcely  which were the public lands of the conquered
be observed was done after the completion of every  state.  Private persons, who were permitted to
conquest," ought to have been an effectual way of retain their lands subject to the payment of a tax,
settling all disputes between the *patricians and  were not the possessors to whom the agrarian laws
plebs as to the possessions of the former; for such  applied.  In many cases large tracts of land were
an appropriation, if it were actually made, could  absolutely seized, their owners having perished in
have no other meaning than that the patricians  battle or been driven away, and extensive districts,
were to have as good title to possess their share  either not cultivated at all or very imperfectly culas the plebs to the ownership of their assigned  tivated, became the property of the state.  Such
portions.  The plebs at least could never fairly  lands as were unoccupied could become the subject
claim an assignment of public land, appropriated  of possessio; and the possessor would, in all cases,
to remain such, at the time when they received  and in whatever manner he obtained the land, be
the share of the conquered lands to which they  liable to a payment to the state, as above-menwere intitled.  But the fact is, that we have no  tioned in the extract from Appian.
evidence at all as to such division between lands    This possessio was a real interest, for it was the
appropriated to remain public and lands assigned  subject of sale: it was the use (usus) of the land;
in ownership, as Niebuhr assumes.  All that we  but it was not the ager or property.  The possessio
know is, that the patricians possessed large tracts strictly could not pass by the testament of the
of public land, and that the plebs from time to  possessor, at least not by the mancipatio.  (Gaius,
time claimed and enforced a division of part of ii. 102.)  It is not easy, therefore, to imagine any
them.  In such a condition of affairs, many diffi- mode by which the possession of the heres was
cult questions might arise; and it is quite as pos- protected, unless there was a legal form, such as
sible to conceive that the claims of the plebs might Savigny has assumed to exist for the general proin some cases be as ill founded as the conduct of tection of possessiones in the public lands.  The
the patricians was alleged to be rapacious in ex- possessor of public land never acquired the ownertending their possessions.  In the course of time, ship by virtue of his possession; it was not subject
owing to sales of possessions, family settlements, to usucapion.  The ownership of the land which
permanent improvements made onil the land, the  belonged to the state, could only be acquired by
claims on the land of creditors who had lent money  the grant of the ownership, or by purchase froni
on the security of it, and other causes, the equitable  the state.  The state could at any time, according
adjustment of rights under an agrarian law was to strict right, sell that land which was only posimpossible; and this is a difficulty which Appian  sessed, or assign it to another than the possessor.
(i. 10. 18) particularly mentions as resulting from  The possession was, in fact, with respect to the state,
the law of Tib. Gracchus.                        precarium; and we may suppose that the lands so
Public pasture lands, it appears, were not the  held would at first receive few permanent improvesubject of assignment.                           ments.  In course oftime, and particularly when
The property (publiciz) of the Roman people  the possessors had been undisturbed'for many
consisted of many things besides land.  The con- years, possession would appear, in an equitable
quest of a territory, unless special terms were  point of view, to have become equivalent to ownergranted to the conquered, seems to have implied  ship; and the hardship of removing the possessors
the acquisition by the Roman state of the conquered  by an agrarian law would appear the greater, after
territory and all that it contained.  Thus not only  the state had long acquiesced in their use and ocwould land be acquired, which was available for cupation of the public land.
corn, vineyards, and pasture; but mines, roads,   In order to form a correct judgment of these enrivers, harbours, and, as a consequence, tolls and  actments which are specially cited as agrarian laws,
duties.  If a Roman colony was sent out to occupy  it must be borne in mind that the possessors of
a conquered territory or town, a part of the con- public lands owed a yearly tenth, or fifth, as the
quered lands was assigned to the colonists in com- case might be, to the state.  These annual payplete ownership.  [COLONIA.]  The remainder, it ments were, it seems, often withheld by the posappears, was left or restored to the inhabitants. sessors, and thus the state was deprived of a fund
Not that we are to understand that they had the  for the expenses of war and othergeneral purposes.
property in the land as they had before; but it    The first mention by Livy of conquered land
appears that they were subject to a payment, the  being distributed among the plebs belongs to the
produce of which belonged to the Roman people. reign of Servius Tullius (i. 46, 47). The object of the
In the case of the colony sent to Antium, Dionysius  agrarian law of Sp. Cassius (Liv. ii. 41; Dionys.
(ix. 60) states, " that all the Antiates who had  viii. 70), B. c. 484, is supposed by Niebuhr to have
houses and lands remained in the country, and  been " that the portion of the populus in the public
cultivated both the portions that were set aside for lands should be set apart, that the rest should be
them and the portions appropriated to the colonists, divided among the plebeians, that the tithe should
on the condition of paying to them a fixed portion  again be levied and applied to paying the army."
of the produce;" in which case, if the historian's  The agrarian law of C. Licinius Stolo (Liv. vi. 36;




AGRARIAE LEGES.                                 AGRARIAE LEGES.                  41
Appian, B. C. i. 8) B. C. 365, limited each indi- iprevent future divisions of the public land, with a
vidual's possession of-public land to 500 jugera, provision that the sums payable in respect of this
and imposed some other restrictions; but the pos- land to the state, should be formed into a fund for
sessor had no better title to the 500 jugera which  the relief of the poor.  But another tribune, Spunthe law left him, than he formerly had to what rius Thorius, B. c. 111, repealed this law as to the
the law took from  him.  [LEGES   LICINIAE.]  tax from the public lands, and thus the plebs lost
The surplus land was to be divided among the  everything for the future, both lands and poors'
plebeians, as we may assume from this being an  money.  [LEx THORIA.]
agrarian law.  The Licinian law not effecting its    Other agrarian laws followed. In the sixth conobject, Tib. Sempronius Gracchus, B. C. 133, re- sulship of Marius, B. c. 100, agrarian laws were
vived the measure for limiting the possession of carried by the tribune L. Appuleius Saturninus
public land to 500 jugera.  The arguments of the  and his party, the object of which was chiefly to
possessors against this measure, as they are stated  provide for the veteran soldiers of Marius. These
by Appian (B. C. i. 10), are such as might reason- measures were carried by violence, but they were
ably be urged; but he adds that Gracchus pro- subsequently declared  null.  The tribune, M.
posed to give to each possessor, by way of com- Livius Drusus the younger, B. C. 91, proposed the
pensation for improvements made on the public  division of all the public land in Italy and the
land, the full ownership of 500 jugera, and half establishment of the colonies which had been prothat quantity to each of his sons if he had any. jected: he was for giving away everything that
Under the law of Tiberius Gracchus three commis- the state had (Florus, iii. 16).  This Drusus was
sioners (triumviri) were to be chosen annually by  also a tool of the senate, whose object was to
the thirty-five tribes, who were to decide all ques- humble the equestrian order by means of the plebs
tions that might arise as to the claims of the state  and the Italian Socii.  But the Socii were also inupon lands in the occupation of possessors.  The  terested in opposing the measures of Drusus, as
law provided that the land which was to be re- they possessed large parts of the public land in
sumed should be distributed in small allotments  Italy.  To gain their consent, Drusus promised to
among the poorer citizens, and they were not to  give them  the full Roman citizenship.  But he
have the power of alienating their allotments. and the senate could not agree on all these meaGracchus also proposed that the ready money  sures, Drusus was murdered, and the Socii, seeing
which Attalus III., King  of Pergamlus, had  their hopes of the citizenship balked, broke out in
with all his other property bequeathed to the  open war (B.C. 90).  The measures of Drusus
Roman state, should be divided among the persons  were declared null, and there was no investigation
who received allotments, in order to enable them  as to his death.  The Social or Marsic war, after
to stock their land.  Tiberius Gracchus lost his threatening Rome with ruin, was ended by the
life in a riot B. C. 133; but the senate allowed  Romans conceding what the allies demanded.
the commissioners to continue their labours.  After  [LEx  JULIA.]
the death of Tiberius Gracchus, a tragical event    The land to which all the agrarian laws, prior
happened at Rome.  P. Cornelius Scipio, who had  to the Thoria Lex, applied, was the public land
maintained the cause of the possessors, both Roman  in Italy, south of the Macra and the Rubico, the
and Italian, against the measure of Gracchus, was southern boundaries of Gallia Cisalpina on the west
found dead in his bed. Suspicion was strong against and east coasts respectively.  The Thoria Lex
the party of Caius Gracchus, the younger brother applied to all the public land within these limits,
of Tiberius, whose sister Sempronia was the wife of except what had been disposed of by assignation
Scipio, but no inquiry was made into the cause prior to the year B. C. 133, in which Tiberius
of Scipio's death.  Caius Gracchus became a tri- Gracchus was tribune, and except the Ager CCambune of the plebs, B. C. 123, and he put the law of panus.  It applied also to public land in the prohis brother again in force, for it had virtually been  vince of Africa, and in the territory of Corinth.
suspended by the senate, B. C. 129, by their with-  [THORIA LEx.]  The object of the agrarian law
drawing the powers from the three commissioners, of P. Servilius Rullus, proposed in the consul..
of whom Gracchus was one, and giving them to the  ship of Cicero B. C. 63, was to sell all the public
consul, C. Sempronius Tuditanus, who, being en- land both in and out of Italy, and to buy lands in
gaged in the Illyrian war, could not attend to the  Italy on which the poor were to be settled.  Ten
business.  Caius Gracchus proposed the establish- commissioners, with extraordinary powers, were to
ment of various colonies under the provisions of carry the law into effect, and a host of surveyors,
the law.  To check his power, the senate called  clerks, and other officers, were to find employment
in the aid of another tribune, M. Livius Drusus, in this agrarian job.  The job was defeated by
who outbid Caius in his popular measures.  The  Cicero, whose three extant orations against Rullus
law of Gracchus proposed that those who received  contain most instructive matter on the condition
allotments of land should pay the state a small of the Roman state at that time. The tribune
sum in respect of each.  Drusus released them from  Flavius, B. C. 60, at the instigation of Cn. Pompeius,
this payment.  Caius proposed to found two colo- brought forward a measure for providing the solnies: Drusus proposed to found twelve, each con- diers of Pompeius with lands.  Cicero was not alsisting of three thousand men.  Cals Gracchus  together opposed to this measure, for he wished to
lost his life in a civil commotion B. C. 121. Shortly  please Pompeius.  One clause of the law provided
after his death, that clause of the Sempronian law  that lands should be bought for distribution with
which forbade the alienation of the allotments, the money that should arise in the next five years
was repealed; and they forthwith began to fall from the new revenues that had been created by
into the hands of the rich by purchase, or by  the Asiatic conquests of Pompeius.  The law was
alleged purchases as Appian obscurely states (B. C. dropped, but it was reproduced in a somewhat
i. 27).  A  tribune, Spurius Borius (Borius is the  altered shape by C. Julius Caesar in his consulname in the MSS. -of Appian), carried a law to  ship, B. C. 59, and it included the Stellatis Ager




42           AGRARIAE LEGES.                                   AGRARIAE LEGES.
and the Campanus Ager, which all previous agra-  GescJiclhtliche Rechtsweissenscca ft (vol. v. p. 254), is,
rlan laws had left untouched.  The fertile tract of that under the Caesars a uniform system of direct
Capua (Campanus Ager) was distributed among  taxation was established in the provinces, to which
20,000 persons, who had the qualification that the  all provincial land was subject; but land in Italy
law required, of three or more children.  After  was free from this tax, and a provincial town could
this distribution of the Campanian land, and the  only acquire the like freedom  by receiving the
abolition of the port duties and tolls (portoria),  privilege expressed by the term Jus Italicum. The
Cicero observes (ad Alt. ii. 16), " there was no  complete solution of the question here under disrevenue to be raised from  Italy, except the five  cussion could only be effected by ascertaining the
per cent. (vicesi7c) " from  the sale and manu-  origin and real nature of this provincial land-tax;
mlss;on of slaves.                                 and as it may be difficult, if not impossible, to
The lands wvhich the Roman people had acquired  ascertain such facts, we must endeavour to give
in the Italian peninsula by conquest were greatly  a probable solution.  Now it is consistent with
reduced in amount by the laws of Gracchus and by  Roman notions that all conquered land should he
sale. Confiscations in the civil wars, and conquests  considered as the property of the Roman state;
abroad, were, indeed, continually increasing the  and it is certain that such land, though assigned
public lands; but these lands were allotted to the  to individuals, did not by that circumstance alone
s)lddiers and the numerous colonists to whom  the  become invested with all the characters of that
state was continually giving lands.  The system of Roman land which was private property. It had not
colonisation which prevailed during the republic, the privilege of the Jus Italicum, and consequently
was continued under the emperors, and considerable  could not be the object of Quiritarian ownership,
tracts of Italian land were disposed of in this man-  with its incidents of mancipatio, &c.  All land in
ier by Augustus and his successors. Vespasian as- the provinces, including even that of the liberae
signed lands in Samnium to his soldiers, and grants  civitates, and the ager publicus properly so called,
of Italian lands are mentioned by subsequent em- could only become an object of Quiritarian ownerperors, though we may infer that at the close of ship by having conferred upon it the privilege of
the second century of or' aara, there was little  Italic land, by which it was also released from the
public land left in the peninsula.  Vespasian sold  payment of the tax.  It is clear that there might
part of the public lands called subsecicca.  Domitian  be and was ager privatus, or private property, in
gave the remainder of such lands all through Italy  provincial  land; but this land  had not the
to the possessors (Aggenus).  The conquests be  privileges of Italic land, unless such privilege was
vend the limits of Italy furnished  the emllperors  expressly given to it, and accordingly it paid a tax.
with the means of rewarding the veterans by grants  As the notions of landed property in all countries
of land, and in this way  the institutions of Rome  seem to suppose a complete ownership residing in
were planted on a foreign soil.  But, according to  some person, and as the provincial landowner,
Gains, property in the land was not acquired by  whose lands had not the privilege of the Jus
such grant; the ownership was still in the state, Italicum, had not that kind of ownership which,
and the provincial landholder had only the pos-  according to the notions of Roman law, was comsessio.  If this be true, as against the Roman  plete ownership, it is difficult to conceive that the
people or the Caesar, his interest in the land was  ultimate ownership of provincial lands (with the
one that might be resumed at any time, according  exception of those of the liberae civitates) could
to the strict rules of law, though it is easily con- reside any where else than in the popilus Rnomanus,
ceived that such foreign possessions would daily  and, after the establishment of the imperial power,
acquire strength, and could not safely be dealt in the populus Romanus or the Caesar.  This
with as possessions had  been in Italy by the  question is, however, one of some difficulty, and
various agrarian  laws which had convulsed the  well deserves further examination.  It may be
Iomnan state.  This assertion of the right of the  doubted, however, if Gaius means to say that
populus Romanus and of the emperors, might there could be no Quiritarian ownership of private
be no wrong, c inflicted on provincial landowners  land in the provinces; at least this would not be
t)y the Roman jnrisprudence,"' as Niebuhr affirms. the case in those districts to which the Jus Italicum
The tsx paid by the holders of ager privatus in  was extended.  The case of the Recentoric lands,
the provinces was the only thing which dis-  which is quoted by Niebuhr (Cic. c. Rulluln, i. 4),
tinguished the beneficial interest in such land from  may be explained.  The land here spoken of was
Italic land, and might be, in legal effect, a recog-  land in Sicily.  One object of the measure of
nition of the ownership according to Roman law. Rullus was to exact certain extraordinary payAnd this was Savigny's earlier opinion with re-  ments (rectigal) from  the public lands, that is,
spect to the tax paid by provincial lands; he con- from the possessors of them; but he excepted the
sidered such tax due to the Roman people as the  Recentoric lands from the operation of his measure.
sovereign or ultimate owner of the lands.  His  If this is private land, Cicero argues, the exception
later opinion, as expressed in the Zeitsclr'ift fib- is unnecessary.  The argument, of course, assumes
-  that there was or might be private land in Sicily;
Niebuhr observes that Frontinus speaks of that is, there was or might be land which would
the " arva publicU in the provinces, in contradis-  not be affected by this part of the measure of
tinction to the agri privati there;" but this he  Rullus.  Now the opposition of public and private
certainly does not.  This contradistinction is made  land in this passage certainly proves, what can
-by his commentator Aggenus who, as he himself  easily be proved without it, that individuals in the
says, only conjectures the meaning of Frontinus; provinces owned land as individuals did in Italy;
allnd, perhaps, he has not discovered it. (Rei Agr.  and such land might with propriety be cal'ed
Soript. pp. 38. 46, 47.)  Savigny's explanation of privatus, as contrasted with that called publicus in
this passage is contained in the ZeitsckiSrft file  the provinces: in fact, it would not be easy to
Gescli. Reecltsw. vol. xi. p. 24.                  have found another name for it.  But we know




AGRARIAE LEGES.                                 AGRARIAE LEGES.                  43
that ager privatus in the provinces, unless it had  portant object was to provide for the poorer citizens.
received the Jus Italicum, was not the same thing  In a country where there is little trade, and no
as ager privatus in Italy, though both were private  manufacturing industry, the land is the only source
property.  Such a passage then as that just re-  to which the poorer classes can look for subsistferred to in Cicero, leads to no necessary conclusion  ence. Accordingly, at Rome there was a continual
that the ultimate ownership or dominion of this  demand for allotments, and these allotments were
private land was not in the Roman people.        made from time to time.  These allotments were
It only remains briefly to notice the condition of just large enough to maintain a man and his
the public land with respect to the fructus, or vec- family, and the encouragement of population was
tigal which belonged to the state.  This, as al- one of the objects contemplated by these grants
ready observed, was generally a tenth, and hence  of land. (Liv. v. 30.)  Rome required a constant
the ager publicus was sometimes called decumanus; supply of soldiers, (and the  system  was well
it was also sometimes called ager vectigalis.  The  adapted to give the supply.  But this system  of
tithes were generally farmed by the publicani, who  small holdings did not produce all the results that
paid their rent mostly in money, but sometimes in  were anticipated.  Poverty and mismanagement
grain.  The letting was managed by the censors, often compelled the small owners tb sell their
and the lease was for five years.  The form, how- lands to their richer neighbours, and one clause of
ever, of leasing the tenths was that of a sale, the law of Tib. Gracchus forbade persons selling
zoazcipatio.  In course of time the word locatio  their allotments.  This clause was afterwards
was applied to these leases.  The phrase used by  repealed, not, as some would suppose, to favour the
the Roman writers was originally f'uctils locatio, rich, but simply because the repeal of so absurd
which was the proper expression; but we find the  an enactment would be beneficial to all parties.
phrase, cagzumT J;ztlesadum locare, also used in the  In the later republic agrarian laws were consame sense, all expression which might appear sidered as one means of draining the city of the
somewhat ambiguous; and even acgrls-   local'e, scum of the population, awhich is only anothenr
which might mean the leasing of the public lands, proof of the impolicy of these nmeasures, for the
and not of the tenths due from the possessors of worthless populace of a large city will never
them. Strabo (p. 622), when speaking of the port make a good agricultural population.  (Cic. ad
duties of Cumne in Aeolis, says they were sold, by  A tt. i. 19.)   They were also used as nieans
which he no doubt means that they were farmed  of settling veteran soldiers, who must either be
on certain terms.  It is, however, made clear by  maintained as soldiers, or provided for in some
Niebuhr, that in some instances at least the phrase  way.  Probably  from  about the close of the
a/grets locaue, does mean the leasing of the tenths; second Punic war, when the Romans had large
whether this was always tlhe meaning of the  standing armies, it became the practice to prophrase, it is not, possible to affirm.           vide for those who had served their period by
Though the term ager vectigalis originally ex- giving them a grant of land (Liv. xxxi. 4); and
pressed the public land, of which the tithe was this practice became common under the later
leased, it afterwards came to signify lands which  republic and the empire.  The Roman soldier alwere leased by the state, or by different corpora- ways looked forward to a release from service after
tions.  This latter description would comprehend  a certain time, but it was not possible to send
even the ager publicus; but this kind of public  him  away empty-handed.  At the present day
property was gradually reduced to a small amount, none of the powers of Europe which maintain very
and we find the term ager vectigalis, in the later large armies could safely disband them, for they
period, applied to the lands of towns which were  could not provide for the soldiers, and the soldiers
so leased that the lessee, or those who derived their would certainly provide for themselves at the extithe from him, could not be ejected so long as they  pense of others. It was perhaps not so much a syspaid the vectigal. This is the ager vectigalis of tem of policy with the Romans as necessity, which
the Digest (vi. tit. 3), on the model of which was led them from time to time to grant lands in small
formed the emphyteusis, or ager emphyteuticarius. allotments to the various classes of citizens who
[EMPHi TEusIS.]  The rights of the lessee of the  have been enumerated.
ager vectigalis were different from those of a pos-    The effects of this system  must be considered
sessor of the old ager publicus, though the ager from several points of view-as a means of silencvectigalis was derived from, and was only a new  ing the clamours of the poor, and one of the modes
form of the ager publicus.  Though he had only a  of relieving their poverty, under which aspect
jus in se, and though he is distinguished from the  they may be classed with the Leges Frumentariae;
owner (doeinszus), yet he was considered as having  of diffusing Roman settlers over Italy, and thus
the possession of the land.  He had, also, a right extending the Roman power; as a means of proof action against the town, if he was ejected from  viding for soldiers; and as one of the ways in
his land, provided he had always paid his vectigal. which popular leaders sought to extend their inThe nature of these agrarian laws, of which the  fluence.  The effects on agriculture could hardly
first was the proposed law of Spurius Cassius, and  be beneficial, if we consider that the fact of the
the last, the law of C. Julius Caesar, B.c. 59, is settlers often wanting capital is admitted by aneasily understood. The plebs began by claiming  cient authorities, that they were liable to be called
a share in those conquered lands of which the  from  their lands for military service, and that
patricians claimed the exclusive enjoyment, sub- persons to whom the land was given were often
ject to a fixed payment to the state. It was one  unacquainted with agriculture, and unaccustomed
object of the Rogations of Licinius to check the  to field labour.  The evil that appears in course
power of the nobles, and to limit their wealth; of time in all states is the poverty of a large number
and as they had at that time little landed property, of the people, for which different countries attempt
this end would be accomplished by limiting their to provide different remedies. The Roman system
enjoyment of the public land.  But a more im- of giving land failed to remedy this evil; but it




44            AG RICULTURA.                                    AGRICULT UIA.
was a system that developed itself of necessity in  of whom flourished in the second, third, and fourth
a state constituted like Rome.                   centuries.  This collection is systematically arThose who may choose to investigate the sub- ranged and comprehends all the chief branches;
ject of the agrarian laws, will find the following  but it has never been considered of much value,
references sufficient for the purpose:- Liv. i. 46, except in so far as it tends to confirm or illustrate
47; ii. 41, 42, 43, 44, 48, 52, 61, 63, iii. 1, 9, the statements found elsewhere. The information
iv. 12, 36, 43, 44, 47, 48, 49, 51, 52, 58, v. 24. conveyed by it is, upon many points, extremely
30, vi. 5, 6, 16, 21, 35, vii. 16, x. 13, 47, xxxiii. meagre,thematerials were worked up at a late period
42, xxxiv. 40; Dionys. ii. 15, viii. 70, &c., ix. by an editor with whose history and qualifications
51, &c., x. 36; Plut. Camillzus, c. 39, T. Giac- for his task we are altogether unacquainted, while
cLzlZs, C. Gracchius; Appian, B. C'. i. 7, &c; Cic. the most important quotations are taken from authors
c. istlliu n; ad Att. i. 19, ii. 16; Dion Cass. of whom we know little or nothing, so that we canxxxviii. 1, &c. xlv. 9, &c. xlvii. 14, xlviii. 2; Vell. not tell whether their precepts apply to the same
Pat. ii. 2, 6, 44; Florus, iii. 13, &c.; Zeitschsriftfiir  or to different climates, whether they give us the
(Gescicldtlickhe Recldtswissensclsc~ft, Das Ackergesetz  fruit of their own experience, or, as we have great
von Spurius Thorius, vol. x. by Rudorff; Niebuhr, reason to suspect iln many instances, were themRoactma  History, vol. ii. p. 129, &c.; Savigny, selves mere compilers.
DeasReclit des Besitzes, 5th ed.; Classical Museum,    The Romans, during the brightest periods of
Parts V. VI. VII., articles by the author of this  their history, were devotedly attached to the only
article, and an article by Professor Puchta, of lucrative profession in which any citizen could
Berlin; Political Dictionary, art. Agrarian Law, embark with honour, and from the first dawn until
by the author of this article.        [G. L.]   the decline  of their literature, rural economy
AGRAU'LIA (&ypaveia) was a festival cele- formed a favourite theme for composition both in
brated by the Athenians in honour of Agraulos, prose and verse.  The works of the Sasernae,
the daughter of Cecrops.  (Diet. of Biogr. s. v.) father and son, those of Scrofa Tremellius, of
We possess no particulars respecting the time or Julius Hyginus, of Cornelius Celsus, of Julius
mode of its celebration; but it was, perhaps, con- Atticus, and of Julius Graecinus have perished;
nected with the solemn oath, which all Athenians, but we still possess, in addition to Virgil, four
when they arrived at manhood (1py~oi), were  " Scriptores de Re Rustica," two, at least, of whom
obliged to take in the temple of Agraulos, that they  were practical men.  lWe have, in the first place,
would fight for their country, and always observe  162 chapters from  the pen of the elder Cato
its laws. (Lycurg. c. Leocr. p. 189; Dem. de Legyt.  (B.c. 234-149), a strange medley, containing
p. 438; Plut. Alcib. 15; Stobaeus, Serms. xli. 141; many valuable hints for the management of the
Schbmann, De Conzitiis, p. 332; Wachsmuth, Hel-  farm, the olive garden, and the vineyard, thrown
len. Alterth. vol. i. p. 476, 2nd ed.)           together without order or method, and mixed lip
Agraulos was also honoured with a festival in  with medical prescriptions, charms for dislocated
Cyprus, iu the month Aphrodisius, at which human  and broken bones, culinary receipts, and sacred
victims were offered.  (Porphyr. De Abstin. ab  litanies, the whole forming a remarkable compound
niam. i. 2.)                                     of simplicity and shrewdness, quaint wisdom  and
AGR1CULTU'RA, agriculture.                     blind superstition, bearing, moreover, a strong imAutiorities.- When we remember that agricul- press of the national character; in the second
ture, in the most extended acceptation of the term, place, we have the three books of Varro (B. c. 11.6
was for many centuries the chief, we may say, almost -28), drawn up at the age of eighty, by one who
the sole peaceful occupation followed by any large  was not only the most profound scholar of his age,
portion of the free population in those European  but likewise a soldier, a politician, an enthusiastic
nations which first became highly civilised, we shall and successful farmer; in the third place, the
not be surprised to find that the contemporaries of thirteen books of Columella (A. D. 40 [?]), more
Cicero were able to enumerate upwards of fifty  minute than the preceding, especially in all that
Greek writers who had contributed to this science. relates to the vine, the olive, gardening, and fruit
But although the Homeric poems are filled with a  trees, but evidently proceeding from one much less
series of the most charming pictures derived from  familiar with his subject; and, lastly, the fourteen
the business of a country life, although Hesiod  books of Palladius (a writer of uncertain date who
supplies abundance of wise saws and pithy apho- closely copies Columella), of which twelve form a
risms, the traditional wisdom accumulated during  Farmer's calendar, the different operations being
many successive generations, although Xenophon  ranged according to the months in which they
has bequeathed to us a most graceful essay oni the  ought to be performed.  Besides the above, a
moral beauty of rustic pursuits interspersed with  whole book of Pliny and many detached chapters
not a few instructive details, and although much  are devoted to matters connected with the labours
that belongs to the Natural History of the subject of the husbandman; but in this, as in the other
will be found treasured up in the vast storehouses portions of that remarkable encyclopaedia, the
of Aristotle and Theophrastus, yet nothing which  assertions must be received with caution, since they
can be regarded in the light of a formal treatise  cannot be regarded as exhibiting the results of
upon the art as exhibited in the pastures and corn- original investigation, nor even a very correct reprefields of Hellas, has descended to us, except a sentation of the opinions of others.
volume, divided  into twenty books, commonly    We ought not here to pass over unnoticed the
known as the Geoponica (reo7rovicad), whose his- great work of Mago the Carthaginian, who, as a
tory is somewhat obscure, but which, according to  native of one of the most fertile and carefully culthe account commonly received, was drawn up at tivated districts of the ancient world, must have
the desire of Constantine VI. (A. D. 780-802)  had ample opportunities for acquiring knowledge.
by a certain Cassianus Bassus, and consists of ex- This production, extending to twenty-eight books,
tracts from numerous writers, chiefly Greek, many  had attained such high fame that, after the de



AGRICULTURA.                                       AGRICULTURA.                   46
struction of Carthage, it was translated into Latin. a. C
by orders of the senate; a Greek version, with additions and probably omissions, was executed by    (Kizozwed!/e of' tlhe Farm).  In selecting a farm,
Dionysius of Utica, and published in twenty books  the two points which first demanded attention
during the century before the commencement of were, 1. The healthiness of the situation (saluour era; and this, again, was a few years after-  britas), a matter of the greatest anxiety ill Italy,
wards condensed into six books by Diophanes of where the ravages of malaria appear to have
Nicaea, and presented to King DeiotarLus.  In  been not less fatal in ancient than they have
what follows, Cato, Varro, and Colnmella will be  proved in modern times; and, 2. The general
our chief supports, although references will be made  fertility of the soil.  It was essential to be fully
to and illustrations drawn from the other sources  satisfied upon both of these particulars; for to
indicated above. (Varr. R. R. i. 1; Col. R. R. i. 1;  settle in a pestilential spot was to gamble with
Plin. H. N. xviii. 3; Proleg. ad Geopon. in ed. the lives and property of all concerned (non aliud
Niclas.)                                           est atque alea domini vitae et -sei familiaris), and
Division of tle Suabject.            no man in his senses would undertake to till
land which was not likely to yield a fair return
Rural Economy may be treated of under two  for his outlay of money and labour (fractas pro
distinct heads -                                   inmpensa ac labore).  The next object of solicitude
A. Agriculture proper (Agriczltura), or the art was a good aspect.  The property was, if possible,
of tilling the soil.                              to have a southerly exposure, to be sheltered by a
B. The management of stock (Pastio).            wooded hill from the sweep of boisterous and cutA.  AGRI CULT URA.                     ting winds, and not to be liable to sudden misfortunes (se calamitoszin siet), such as inundations
Agriculture proper teaches the art of raising the  or violent hail storms.  It was highly important
various crops necessary for the sustenance and corm- that it should be in the viciIlity of a populous town
fort of man and of the domestic animals, in such a  (oppidum validuan), or if not, that it should be
manner that the productive energies of the soil readily accessible either by sea, or by a navigable
may be fully developed but not exhausted nor  stream (asnis qua slcves amlbulant), or by a good
enfeebled, and teaches, farther, how this may be  well frequented road (via bona celebrisque); that
accomplished with the least possible expenditure  there should be an abundant supply of water (boof capital.  The crops to which the Greeks and  naun aquarium); that it should be so situated that
Romans chiefly directed their attention were -   the proprietor, if he did not live upon the estate,
1. Different kinds of grain, such as wheat and  might be able to give active and constant personal
barley; leguminous vegetables cultivated for their  superintendence; and, finally, that it should be
seeds, such as beans, peas, and lupines; herbs cut moderate in size, so that every portion might be
green for forage, such as grass, tares, and lucerne; brought into full cultivation (laudato ingentia rura
and plants which furnished the raw material for - Exiguama colito).
the textile fabrics, such as hemp and flax. 2. Fruit    These preliminary matters being  ascertained,
trees, especially the vine, the olive, and the fig. the soil might be considered in reference a. to
3. Garden stuffs. -  For the second of these divi- its general external features (fornzt), j3. to its
sions we refer to the articles OLETUMr and VINNEA; internal qualities (qualis sit terra).
and we shall not touch at all upon gardening, since    a. In so far as its external features were conthe minute details connected with this topic are of cerned it might be flat (solumn campestre), or upland
little or no service in illustrating the classics  rolling ground (collizmn), or high lying (smonta.
generally.                                         canz), or might comprise  within  its limits all
Agriculture in its restricted sense comprehends  three, which was most desirable, or any two of
a knowledge                                        them.  These variations would necessarily exerI. Of the subject of our operations, that is, the  cise important influence on the climate, on the
farm (fundus, praedium), which mustbe considered. description of crops which might be culti;ated
a. with reference to its situation and soil (quo  with advantage, and on the time chosen for perloco et qualis), and b. with reference to the dwell- forming the various operations, the general rule
ing-house and steading (villa et stabZla).        being that as we ascend the temperature falls, that
II. Of the instruments (instrnmenta) required  corn and sown crops in general (segetes) succeed
to perform the various operations (quac in fundo  best on plains, vineyards (vineae) on gentle slopes,
opus siat ae debeant esse culturae caausa), these in- and timber trees (silvae) upon elevated sites, and
struments being twofold, a. men (homines); and b. that the different labours of the rustic may be
the assistants of men (admninicula honzinums), viz. commenced  earlier upon  low  than upon  high
domestic animals (boves, equi, canes, &c.) together ground.  When flat it was better that it should
with tools (instrumenta), properly so called, such  incline gently and  uniformly in  one direction
as ploughs and harrows.                            (aequabiliter in sunam partlems vergens) than be a
III. Of the operations themselves, such as  dead level (ad libellamn aequum), for in the latter
ploughing, harrowing, and sowing (quae in faundo  case the drainage being necessarily imperfect, it
colendi cause sint facienda), and of the time when  would have a tendency to become swampy; but
they are to be performed (quo quidquid temnpore  the worst form was when there were converging
fieri conveniat).                                  slopes, for there the water collected into pools
IV. Of the object of these operations, viz. the  (lacunas).
different plants considered with reference to their   AB  In so far as its internal qualities were conspecies, varieties, and habits. Under this head we  cerned, soil might be classed under six heads formmay also conveniently include what is termed the  ing three antagonistic pairs.: -
rotation of crops, that is, the order in which they  1. The deep and fat (pingue), 2. The shallow
ought to succeed each other upon the same ground, and lean (macruum, je;jamcU), 3. The loose (solu



86            nRAGRICULTURA.                                      AGRItCULTURA.
Ctrn), 4. The dense (spissumn), 5. The wet (leumi-l fire or otherwise troublesome weeds, such as ferns
duan, aquosumt, ulipinosum7), 6. The dry (siccsur), and reeds (.filices, jztnci), to drain off the superwhile the endless gradations and combinations of fluous moisture, to measure out the ground into
which the elementary qualities were susceptible  fields of a convenient size, and to enclose these
produced all the existing varieties.  These are  with suitable fences.  The three last-mentioned
named sometimes from their most obvious consti-  processes alone require any particular notice, and
tuents, the stony (lepidosumn), the gravelly (glareo-  we therefore subjoin a few words upon DRAINS,
sm1), the sandy (arenoszem), the mortary (sabulo-  LAND-MEA.SURES, FENCES.
Szeu), the chalky (cretosum), the clayey (argillo-    DRAINS (Jbssac, szcci ac!veati, incilia) were of two.szurm); sometimes from  their colour, the. black  kinds:(eigrums?), the dark(psulluma), the grey (subalbum),    1. Open (pateztes).  2. Covered (csecae).
the red (rubicundeun), the white (album); some-    1. Fosscae patentes, open ditches, alone were
times from their consistency, the crumbling (plutre, formed in dense and chalky soil.  They were wide'friabile, cisneritium), as opposed to the tenacious  at top, and gradually narrowed in wedge fashion
(denszuns, crassum, spissun7); sometimes from their  (imbnricibus szpinis similes) as they descended.
natural products, the grassy (granineoszns, herbo-    2. Fossae caecae, covered drains, or sivers as
suzm), the weedy (spurcune); sometimes from their  they are termed in Scotland, were employed where
taste, the salt (salsumZ), the bitter (anaresa);    the soil was loose, and emptied themselves into the
rubrica seems to have been a sort of red chalky fossae  patentes.   They were usually  sunk  from
clay, but what the epithets rudectac and msaterina  three to four feet, were three feet wide at top and
applied to earth (terra) by Cato may indicate, it eighteen. inches at bottom; one half of the depth
is hard to determine (Cato 34; comp. Plin. II. N.  was filled up with small stones or sharp gravel
xviii. 17). The great object of the cultivator being  (nuda glarecs), and the earth which had tLeen dug
to separate the particles as finely as possible (nzeqe  out, was thrown in above until the surface was
enim aliud est co!ere quaem resolverse et fermentare  level.  Where stones or gravel could not readily
terrace), high value was attached to those soils  be procured, green willow  poles were introduced,
which were not  only rich, but naturally pulveru- crossing each other in all directions (qzoquoversus),
lent.  Hence the first place was held by soleus  or a sort of rope was constructed of twigs twisted
pingue et putre, the second by pissguiter denszum, together so as to fit exactly into the bottom  of the
while the worst was that which was at once dry, drain; above this the leaves of some of the pine
tenacious, and poor (siccnmr pariter et densuln, et tribe were trodden down, and the whole covered
mzacru7n). The ancients were in the habit of form-  up with earth.  To prevent the apertures being
infg an estimate of untried ground, not only from  choked by the falling down of the soil, the mouths
the qualities which could be detected by sight and  were supported by two stones placed upright, and
touch, but also from  the character of the trees, one across (utilissimum  est..., ore ectrulz bizais
shrubs, and herbage growing upon it spontaneously, utrimque lapidibus statumninari et a!io saperintegi).
a test of more practical value than any of the  To carry off the surface-water froin land under
others enumerated in the second Georgic (177-  crop, open furrows (sulci aquarii, elices) were left at
258.)                                              intervals, which discharged themselves into cross
When an estate was purchased, the land might furrows (colliquiae) at the extremities of the fields,
be either in a state of culture (culla novalia), or in  and these again poured their streams into the
a state of nature (rudis ager).                    ditches. (Cat. 43. 155; Col. ii. 2. 8; xi. 2; Pallad.
The comparative value of land under cultivation  v-i. 3; Plin. HI. NV. xviii. 6. 19. 26; Virg. Geosg.
estimated by the crops which it was capable of i. 113.)
bearing, is fixed by Cato (1), according to the fol-    ME.ASTRES OF LAND.-The measure employed
lowing descending scale: —                        for land in Latium  was the julqerum, which was
1. Vineyards  (vinea), provided they yielded  a double actzs quzadratuzs, the actus quadratus, alngood wine in abundance. 2. Garden ground well ciently called acan, or acena, or ognra, being a
supplied with water (olortus irri/,.:tes).  3. Osier square, whose side was 120 Roman feet. The
beds (salictumun).  4. Olive plantations (oletunm).  subdivisions of the (ts were applied to the jugerunm,
5. Meadows (pratu2n).  6. Corn land  (campus the lowest in use beingi the scsiplllum, a square
fre2m7entariues). 7. Groves which might be cut for whose side was ten feet.  200 jugera formed a
timber or fire-wood (silvr caedua). 8. Arbuestume. cernturia, a term which is said to have arisen from
This name was. given to fields planted with trees  the allotments of lind made by Romulus to the
in regular rows.  Upon these vines were trained, citizens, for these being at the rate of 2 jugera
and the open ground cultivated for corn or legii- to each man, 200 jugera would be assigned to
ininous crops in the ordinary manner, ail arrange-  every hundred men.  Lastly, four centuriae made
ment extensively adopted in Campania, and many  a saltus.  We thus have the following table:other parts of Italy in modern times, but by no       1 scripulum     100 square feet, Roman measure.
means conducive to good husbandry.  9. Groves  144 scripula  - I actus -- 14,400 square feet.
yielding acorns, beech-mast, and chestnuts (plan-     2 actus    =  1 jugerum = 28,800 square feet.
dareia silva).  The flect that in the above scale, corn  200 jugera    1 centuria.
land is placed below meadows may perhaps be re-    4 centuriae =  1 saltus.
garded as an indication that, even in the time of    Now, since three actus quadrati contained 4800
Cato, agriculture was upon the decline among the  square yards, and since the English imperial acre
Romans.                                            contains 4840 slquare yards, and since the Roman
When waste land was to be reclaimed, the or-  foot was about 3 of an inch less than the imdinary procedure was to root out the trees and  perial foot, it follows that the Roman juger was
brushwood (fruteta), by which it might be encum-  less than ] of an imperial acre by about 500 square
bered, to remove the rocks and stones which would  yards.
impede the labours of men and oxen, to destroy by    In  Campania the measure for land was the




AGPLICULTURA.                                      AGRICULTUR A.                   47
versus qucIr' at2s, a square whose side was 100  lady of the family (snatrona) may be more willing
feet, the words actus and versus marking  the or- to bear her husband company.
dinary length of furrow in the two regions. (Varr.    2. Rustica. This comprehended that part of the
R.. i. 10, L. L. iv. 4; Col. v. 1; Plin. H. N.  building occupied by the servants, consisting of a
xviii. 3.)                                         large and lofty kitchen (culina), to which they
FENCES (sepes, sepinezta) were of four kinds:-   might at all times resort, baths (baoiseae) for their
1,. Sepirnzentu?, naturale, the quickset hedge  use on holidays, sleeping closets (cellee) for the
(viva sepes).                                      servi soluti, a gaol (ergastulum) under ground for
2. Sepinentzum agreste, a wooden paling made  the servi eincti.  In this division were included
with upright stakes (pali) interlaced with brush-  also the stables, byres, sheds, folds, courts, and
wood (vigyuttis implicatis), or having two or more  enclosures of every description (stabdia, bubilia,
cross-spars (amites, longuria) passed through holes  septa, ovilia, cortes) for the working oxen (donziti
drilled in the stakes, after the manner of what are  bores), and other stock kept at home, together with
now termedflakes (palis latis perforatis et per ea  a magazine or storehouse (horreazn) where all the
foramina tIrajectis longuriis/ftre binis aut ternis).    implements of agriculture (omne rusticurm instru3. Sephimentaml  nzilitare, consisting of a ditch  mentzn) were deposited, and within this, a lock-up
(fossa) with the earth dug out and thrown up in- room  for the reception of the iron tools (fJrraside so as to form an embasnkment (acgger), a fence  smenta).  In so far as the distribution of rooms
used chiefly along the sides of public roads or on  was concerned, the overseer (villicus) was to have
the banks of rivers.                               his chamber beside the main entrance (janua), in
4. Sepizentumn? fibrile, a wall which might be  order that he might observe all who came in or
formed either of stones (7aoceria), as in the vicinity  went out, the book-keeper (procurator) was to be
of Tusculum, or of baked bricks as in the north  placed over the gate, that he might watch  the
of Italy, or of unbaked bricks as in Sabinum, or villiczus as well as the others, while the shepherds
of masses of earth and stone pressed in between  (opiliones), oxmen (bubulci), and such persons were
upright boards (in fonrmis), and hence termed  to be lodged in the immediate vicinity of the anifobrmacii.  These last were common in Spain, in  mnals under their charge.
Africa, and near Tarentunm, and were said to last    3. Fructuzari. This comprehended that part of
for centuries uninjured by the zweather. (Varr. i. the building where the produce of the farm  was
14; Plin. II. N. xxxv. 14; comp. Col. v. 10, x. 3; preserved, consisting of the oil cellar (cella olearia),
Pallad. i. 34; vi. 3.)                            the press-house (cella torcularia), the vault for
Finally, after the land had been drained, di-  wines in the cask (cella vinaria), the boiling-room
vided, and fenced, the banks which served as  for inspissating must (de/futaria), all of which
boundaries, and the road-sides were planted with  were on the ground floor, or a little depressed betrees, the elm and the poplar being preferred, in  low the level of the soil.  Above were hay-lofts
order to secure a supply of leaves for the stock and  (foenilia), repositories for chaff, straw, leaves, and
timber for domestic use. (Cat. 6.)                 other fodder (palearia), granaries (horrea, granaria), a drying-room for newly cut wood (fioneal. b. VIaaLLA   RUSTI.               sriZo) in connection with the rustic bath flues,
In erecting a house and offices, great importance  and store-rooms (apotlhecae) for wine in the amwas attached to the choice of a favourable position. phora, some of which communicated with the
The site selected was to be elevated rather than flmnarlius., while others received the jars whose
low, in order to secure good ventilation and to  contents had been sufficiently mellowed by the
avoid all danger of exhalations from  running or  influence of heat.
stagnant water; under the brow of a hill, for the    In  addition to the conveniences enumerated
sake of shelter; facing the east so as to enjoy  abbve, a mill and bake house (pistrinusm et finsunshine in winter and shade in summer; ncear, enu) were attached to every establishment; at
but not too near to a stream, and with plenty of least two open tanks (piscinae, lacus sb dclio), one
wood and pasture in the neighbourhood.  The  for the cattle and geese, the other for steeping
structures were to be strictly in proportion to the  lupines, osiers, and objects requiring maceration;
extent of the farm; for if too large, the original and, where there was no river or spring available,
cost is heavy, and they must be kept in repair at covered reservoirs (cisternae sub tectis) into which
a great expense; if too small, the various products  rain water was conveyed for drinking and culinary
would run thle risk of being injured by the want purposes. (Cat. 3, 4, 14; Varr. i. 11-14; Col.
of proper receptacles (ito edifices ne villa fundum  i. 6; Geopon. ii. 3.)
quaerat neve fizndus villain, Cat. R. R. 3).  The
buildings were usually arranged round two courts,
with a tank in the centre of each, and divided        The instrumenta  employed to  cultivate  the
into three parts, named according to the purposes  ground were two-fold:  a. Persons (hosines);
for which they were destined.  1. (Pars) Urbana. b. Aids to human  toil (ad7ninicula honzinnmrs),
2. (Pars) Rustica.  3. (Pars) Fructuaria.          namely, oxen and other animals employed  in
1. Urbana.   This comprehended that part of work; together with tools (instrumenta), in the
the building occupied by the master and his family, restricted sense of the word.
consisting of eating rooms (coenaliones) and sleeping apartrients (cubicula), with different aspects
for summer and winter, baths (balnearia), and         The men employed to cultivate a farm  might
porticoes or promenades (ansbulationes). Columella  be either, 1. free labourers (operarii), or 2. slaves
recommends that, this portion of the mansion should  (servi).
be made as commodious as the means of the pro..   1. Free labovtrers. Cato considers the facility of
prietor will permit, in order that he himself may  procuring persons of this description, whom in one
be tempted to spend more time there, and that the  place he calls meerceaiarA po itorcs. as one of the




48            AGRICULTUIRA.                                     AGRICULTUl.A.
circumstances that ought to weigh with a purchaser  (f1amilia) was classed under three heads, 1. CObain making choice of a farm; for although a large  ria. 2. Vinumz. 3. Pulmnentarium.
proportion of the work upon great estates was,    1. Cibaria. The servi colmpediti, being kept conduring the later ages at least of the Roman re-  stantly in confinement, received their food in the
public, always performed by slaves, it was con-  shape of bread at the rate of 4 pounds (Romanl
sidered advantageous to employ hirelings for those  pound=-ll  oz. avoirdupois) per diem  in winter,
operations where a number of hands were re-  and 5 pounds in summer, until the figs came in,
quired for a limited period, as in hay-making,  when they went back to 4 pounds.  The servi
the corn harvest, and the vintage, or, according to  soluti received-their food in the shape of corn, at
the cold-blooded  recommendation of Varro, in  the rate of 4 modii (pecks) of wheat per month in
unhealthy situations where slaves would have died  winter, and 41 in summer.  Those persons, such
off fast, entailing a heavy loss on their owner. as the sillicus, the vil/ica, and the shepherd (opiOperarii consisted either of poor men with their  lio), who had no hard manual labour to perform,
families, who were hired directly by the farmer, were allowed about one fourth less.
or of gangs (conductitiae liberorum oiperae) who    2.  iineum. The quantity of wine allowed varied
entered into an engagement with a contractor much according to the season of the year, and the
(nercenarius), who in his turn bargained with the  severity of the toil imposed, but a servus solutus
farmer for some piece of work in the slump, or received about 8 amphorae (nearly 48 imperial
lastly, of persons who had incurred debt which  gallons) a year, and a servues comnpeditus about 10
they paid off in work to their creditors.  This, aamphorae, besides lorc [see VINUM] at discretion
which was an ordinary practice in the earlier ages  for three months after the vintage.
of the Roman republic, seems in later times to    3. Pubnentarium. As pulmentaria they received
have been confined to foreign countries, being com- olives which had fallen from the trees (oleae camon especially in Asia and Illyria. Free labourers  ducae), then those ripe olives (oleae tenimpesticae),
worked under the inspection of an overseer (prae- from which the least amount of oil could be exfecthzs), whose zeal was stimulated by rewards of pressed, and, after the olives were all eaten up,
different kinds.                                   salt fish (halec), and vinegar (acetzre). In addi2. Slaves (servi).  Rustic slaves were divided  tion to the above, each individual was allowed a
into two great classes, those who were placed  sextarius (very nearly an imperial pint) of oil per
under no direct personal restraint (servi soluti), month, and a modius of salt per annum.
and those who worked in fetters (servi visncti)    The  clothing  (vestisenta) of the rustic Iawhen abroad, and when at home were confined in  bourers was of the most coarse description, but
a kind of prison (ergastulum), where they were  such as to protect them  effectually from  cold and
guarded and their wants supplied by a gaoler (er-  wet, enabling them  to pursue their avocations in
gastularius).  Slaves, moreover, in large establish-  all weathers. It consisted of thick woollen blanket
ments, were ranked in bodies according to the  shirts (tunicae), skin coats with long sleeves (pelles
duties which they were appointed to perform, it snanicatae), cloaks with hoods (saga cucsllata, ceLbeing a matter of obvious expediency that the  culiones), patch-work wrappers (centones) made out
same individuals should be regularly employed in  of the old and ragged garments, together with
the same tasks.  Hence there were the ox-drivers  strong sabots or wooden shoes (sculpozneae).  A
(6buulci), who for the most part acted as plough-  tunic was given every year, a saguam and a pair of
men also (aratores), the stable-men (jugarii), who  sculponeae every other year.
harnessed the domestic animals and tended them       The number of hands required to cultivate a
in their stalls, the vine-dressers (vinitores), the  farm, depended almost entirely on the nature of
leaf-strippers (fr-ondatores), the ordinary labourers  the crops.
(medicstini), and many other classified bodies.    An amble farm of 200 jugers where the ordiThese, according to their respective occupations  nary crops of corn and leguminous vegetables were
worked either singly, or in small gangs placed  raised required two pairs of oxen, two bubulci and
under the charge of inspectors (magistri operum).  six ordinary labourers, if free from  trees, but if
When the owner (ronzinus) did not reside upon  laid out as an arbustum, three additional hands.
the property and in person superintend the various    An olive garden of 240 jugers required three
operations in progress, the whole farming esta-  pairs of oxen, three asses for carrying manure
blishment was under the control of a general (asini ornati clitellarii), one ass for turning the
overseer (villicus, actor), himself a slave or freedman, mill, five score of sheep, a villicus, a villica, five
who regulated the work, distributed food and  ordinary labourers, three bubulci, one ass-driver
clothing to the labourers, inspected  the tools, (asinarius), one shepherd (opilio), one swineherd
kept a regular account of the stock, performed the  (subulcus); in all twelve men and one woman.
stated sacrifices, bought what was necessary for    A  vineyard of 100 jugers required one pair of
the use of the household, and sold the produce of oxen, one pair of draught asses (asiesi plostrarii),
the farm, for which he accounted to the proprietor, one mill ass (asinus azolaris), a villicus, a villica,
except on very extensive estates where there was  one bubulcus, one asinarius, one man to look after
usually a book-keeper (procurator) who managed  the plantations of willows used for withes (sctie-.
the pecuniary transactions, and held the villicus in  tarius), one subulcus, ten ordinary labourers; sn
check.  With the villicus was associated a female  all fifteen men and one woman. (Cat. 5, 56-59,
companion  (cont2tbernalis mulier) called cillica,  10, 11; Varr. i. 19; Colum. i. 7, 8, ii.'12.)
who took charge of the female slaves, and the in-    In what has been said above, we have assumed
door details of the family.  The duties and quali-  that the proprietor was also the farmer, but it was
fications of a villicus will be found enumerated  by no means uncommon to let (locate) land to a
in Cat. c. 5, and Colum. i. 8; comp. Geopon. ii. tenant (politor, partiarius, Cat.; colonues, Varr.
44, 45.                                            Colum.), who paid his rent either in money (penThe food of the slayes composing the household I sio; ad pecsiinim nauaeretain    conduxit), as seems to




~AGRICULTURA.                                     AGRICULT URA.                   49
have been the practice when Columella wrote, or which the work was performed, depended upon the
by making over to the landlord a fixed proportion  nature of the soil and the crop for which it was
of the produce (zon numnmo sed partibus locare), ac- prepared.  The object of ploughing being to keep
cording to the system  described by Cato, and al- down weeds, to pulverise the earth as finely as
luded to by the younger Pliny. These coloni some- possible (Virg. Georg. ii. 204), and to expose every
times tilled the same farm from father to son for portion of it in turn to the action of the atmosphere,
generations (coloni indigenae), and such were con- the operation was repeated again and again (Virg.
sidered the most desirable occupants, since they  Georg. i. 47), until these objects were fully athad a sort of hereditary interest in the soil, while  tained.  When stiff low-lying soil (campus uligion the other hand frequent changes could scarcely  nosus) was broken up for wheat, it was usual to
fail to prove injurious.  The worst tenants were  plough it four times, first (proscindere) as early in
those who did not cultivate in person, but, living  spring as the weather would permit (Virg. Geoyg.
in towns (urblanus colonus), employed gangs of i. 63), after which the land was ternled vervactum,
slaves.  Upon the whole Columella recommends  and hence the god Fervactor; for the second tine
the owner of an estate to keep it in his own hands, (opingere, iterare, vervacta  subigere), about the
except when it is very barren, the climate un- summer solstice, under the patronage of the god
healthy, or the distance from  his usual place of Reparator, and on this occasion the field was crossabode so great that he can seldom be upon the  ploughed (Virg. Geoyg. i. 97); for the third time
spot.  Cato gives a table of the proportion which  (tertiare), about the beginning of September; and
the partiarius ought to pay, according to the nature  for the fourth time, shortly before the equinox,
of the crop, and the fertility of the region; but as he  when it was ribbed (lirare) for the reception of the
says nothing with regard to the manner in which  seed, the ribbing being executed under favour of
the cost of cultivation was divided between the  the god Imnporcitor, by adding two mouldboards
parties, his statement gives us no practical insight to the plough (aratruni auritu7n), one on each side
into the nature of these leases (Cat. 136, 137; of the share. (Varr. i. 29; Pallad. i. 43.)  Rich
Colum. i. 7, Plin. Epp. ix. 37, comp. iii. 19.)    soil on sloping ground was ploughed three times
II. D6. A cDMINiCJLA  EI~OMINTUM.         only, the ploughing in spring or at the beginning
of September being omitted; light (exilis) moist
The domestic animals employed in labour, and  soil also three times, at the end of August, early
their treatment will be considered under the se- in September, and about the equinox; whilst the
cond great division of our subject, Pastio, or the  poorest hill soil was ploughed twice in rapid sucmanagement of stock.                               cession, early in September, so that the moisture
The tools (instrzczents) chieflyused by the farmer might not be dried up by the summer heat. (Virg.
were the plough (aratrum), the grubber (irpex), Georg. i. 70.)
harrows (crates,crates dentatae), the rake (sastrmin),    The greatest care was taken not to plough
the spade (ligo, pala), the hoe (sarculunz, bideous, ground that had been rendered miry by rain, nor
nzarra [?]), the spud or weeding-hook (rznco), the  that which after a long drought had been wetted
scythe and sickle (falx), the thrashing-machine  by showers which had not penetrated beyond the
(plostellum  Poeznicumn, tribZlur), the cart (plo. surface (Col. ii. 4; Pallad. ii. 3); but whether
stramn), the axe (secumis, dolabra).  These will be  this last is really the tear  cariosa of Cato, as
described as we go along in so far as may be  Coluamela seems to think, is by no means clear.
necessary to render our observations intelligible,  (Cat. v. 34; comp. Plhn. t-H. N. xvii. 5.)
but for full information the reader must consult    With regard to the depth to which the share
the separate articles devoted to each of the above  was to be driven, we have no very precise direcwords.                                             tions; but Columella recommends generally deep
ploughing (ii. 2. ~ 23; comp. Plin. H. Nr. xviii.
WII.  TsHs  OPERATIONS  OF AGRICtULTURE.    16) in preference to mere scratching (scarZficatio)
The most important operations performed by the  with light shares (exiguis vomeribns et dentalibus).
husbandman were: —. Ploughing (aratio). 2. Ma-    The plough was almost invariably drawn by
nuring (stercoratio). 3. Sowing (satio). 4. Harrow-  oxen, although Homer (Il. x. 351; Od. viii. 124)
ing (occatio).  5. Hoeing (sarritio).  6. Weeding  prefers mules, yoked close together in such a
(rsncatio).  7. Reaping (messio).  8. Thrashing  manner as to pull by their necks and not by the
(tritura). 9. Winnowing (ventilatio).  10. Storing  horns, guided and stimulated chiefly by.the voice.
up (conditio).                                     The lash was used very sparingly, and the young
The Flamen who offered sacrifice on the Cerealia  steer was never pricked by the goad (stimzulus),
to Ceres and Tellus, invoked twelve celestial patrons  since it was apt to render him  restive and- unof these labours by the names Vervator'; Repa- manageable.  The animals were allowed to rest
rector; Ilrsporcitor; Insitor; Obarator; Occator; at the end of each furrow, but not to stop in the
Sclalitor; Subruzncator;  lfessor; Convector; Con-  middle of it: when unharnessed, they were careditor; Promritor; significant appellations which  filly rubbed down, allowed to cool, and watered,
will be clearly understood from what follows. The  before they were tied up in the stall, their mouths
functions of the last deity alone do not fall within  having been previously washed with wine. (Col.
our limits; but we shall add another to the list in  ii. 2.)
the person of Stercutius. (Serv. ad Virg. Geoas. i.    The ploughman (bubulcus) was required to make
21; Plin. H. N. xvii. 9; Lactant. i. 20; Macrob. perfectly straight and uniform  furrows (sulco vario
Sat. i. 7; Prudent. Peristeph. iii. 449; Augustin. ne ares), so close to each other as altogether to obde C. Dei. xviii. 15.)                             literate the mark of the share, and was particularly
cautioned against missing over any portion of the
1. Plouzg~ing (aratio).              ground, and thus leaving scammna, that is, masses
The number of times that land was ploughed, of hard unstirred earth (necubi crudons solue  et
varying from two to nine, as well as the season at izenotzmc relinquat, qued acgricolac scamnuzam  Lo



.0            AGRICULTURA.                                       AGRICULTURA.
cant).  The normal length of a furrow  was 120  September or October, on the ground that was to be
feet, and this is the original import of the word  autumn sown; and in the course of January or Feactus.  A distinction is drawn between verszls and  bruary, on the ground that was to be spring sown.
Oersura, the former being properly thefiusrow, the  A full manuring (stercoratio) for a juger of land
latter the extremity of the furrow, or the turning  on an upland slope (quod spissizts stercoratur) was
point; but this is far from being strictly observed. 24 loads (vehes), each load being 80 modii or pecks;
(Col. ii. 5. ~~ 27, 28.)                           while for low-lying land (quod rauius stercoratur)
Four days were allowed for the four ploughings  18 loads were considered sufficient.  The dung was
of a juger of rich low-lying land (jzuyeuera  talis  thrown down in small heaps of the bulk of five
agri quatuor operis expeditur).  The first ploughing  modii, it was then broken small, was spread out
(proscissio) occupied two days, the second (iteratio)  equally and ploughed in instantly that it might not
one day, the third (tertiatio [?]) three fourths of a  be dried up by the rays of the sun, great care being
day, and ribbing for the seed one fourth of a day  taken to perform these operations when the moon
(in liruasr saturn redigitur quadrante operaue).  The  was waning, and if possible with a west wind.  Acsame time is allowed for the three ploughings of cording to the calculations of Columella, the liverich upland soil (colles pinsis soli) as for the four stock necessary for a farm  of two hundred jugers
ploughings of the uliginosus campus, the fatigue  ought to yield 1440 loads per year; that is, enough
being much greater, although the difficulties pre- for manuring 60 jugers at the rate of 24 loads to
sented by the acclivity were in some measure re- the juger. In what proportions this was distributed
lieved by ploughing hills in a slanting direction, is nowhere very clearly defined, and must necesinstead of straight up and down. (Cat. 61; Varr. sarily have varied according to circumstances.  If
i. 27. 29; Col. ii. 2, 4; Plin, H. N. xviii. 19, 20. we take two statements of Cato in connection with
26; Pallad. i. 6, ii. 3, viii. 1, x. 1; Geopon. ii. each other, we shall be led to conclude that he ad23; and comp. Hom. II. xiii. 704; xviii. 370. vises one half of the whole manure made upon a
640; Od. v. 127.)                                  farm to be applied to the raising of green crops used
as fodder (pabulum), one-fourth to the top-dressing
2. Manzuri7gz (stercosatio).           of meadows, and the remaining fourth to the olives
Manure (firmus, stercus).  The manure chiefly  and fruit-trees.  Columella recommends the maemployed was the dung of birds and of the or- nuring of light soil (eilis terra) before the second
dinary domestic animals (steros colm6binuzl7, bubu- ploughing; but when rich lands were summer fallum, ovillum, caprinu71, suilluin, equimum, asininuzu, lowed previous to a corn crop, no manure was con&c.).  This differed considerably in quality, ac- sidered requisite.  (Hom. Od. xvii. 297, Theocording to the source from which it was procured; phrast. I. IP. A. iii. 25; Cat. 5, 7, 29, 36, 37, 61;
and hence those who raised different kinds of crops  Varr. i. 13, 38; Colum. ii. 5, 6, 9, 10, 14, 15,
are enjoined to keep the different sorts of dung  xi. 2; Pallad. i. 33, x. i; Cic. de Senect. 15; Plin.
separate, in order that each might be applied in  H. N. xvii. 9, xviii. 19, 23; Geopon. ii. 21, 22.)
the most advantageous manner.  That derived    The system of manuring by penning and feeding
from  pigeon-houses (colunebariis), from  aviaries  sheep upon a limited space of ground was neither
where thrushes were fattened (ev aviariizs turdormenz  unknown nor neglected, as we perceive from  the
et mierularum), and from birds in general, except precepts of Cato (30), Varro (ii. 2. ~ 12), and
water-fowl, was considered as the hottest and most Pliny (h. N. xviii. 53), all of whom recommend
powerful, and always placed apart, being sown by  the practice.
the hand exactly as we deal with guano at the    The ashes obtained by burning weeds, bushes,
present moment.  The ancient writers very ema- prunings, or any sort of superfluous wood, were
phatically point out the necessity of procuring large  found to have the best effect (Virg. Georg. i. 81;
supplies of manure, which the Romnans regarded as  Colum. ii. 15; Plin. xvii. 9; Geopon. xii. 4), and
under the especial patronage of a god named Ster- sometimes, as we know from Virgil (Georg. i. 84),
cutius, and farmers were urged to collect straw, it was deemed profitable to set fire to the stubble
weeds, leaves of all sorts, hedge clippings, and  standing in the fields.  (Plin. fT. N. xviii. 30.)
tender twigs, which were first used to litter the  Caustic lime was employed as a fertiliser by some
stock, and then, when mixed with ashes, sweep- of the tribes of Transalpine Gaul in the time of
ings of the house, road-scrapings, and filth of every  Pliny, but in Italy its application seems to have
description, served to swell the dufighills (sterqui-  been very limited and to have been confined to
linia)  These were at least two in number, one  vines, olives, and cherry-trees.  (Cat. 38; Pallad.
being intended for immediate use, the other for i. 6; Plin. H. N. xvii. 9, xviii. 25, 30.)
the reception of fresh materials, which were allowed    Marl also (?ln.aea) of different kinds was known
to remain for a year; dung, when old and well to the Greeks, was applied by the Megarenses to
rotted, being accounted best for all purposes, ex- wet cold lanlsand and was extensively employed in Gaul
cept for top-dressing of meadows, when it was  and Britain; but not being found in Italy, did not
used as fresh as possible.  The dunghills were  enter into the agricultural arrangements of the
formed on ground that had been hollowed out and  Latins.  Pliny devotes several chapters to an elabeaten down or paved, so that the moisture might borate discussion upon these earths, of which he
not escape through the soil, and they were covered  describes various sorts which had been made the
over with brushwood or hurdles to prevent evapo-  subject of experiment, classifying them  according
ration.  In this way the whole mass was kept con- to their colour, their constitution, and their qualistantly moist, and fermentation was still further  ties; the white (calb), the red (rgfa), the dovepromoted by turning it over very frequently and  coloured (coluzmsbina), the clayey (ar-illacea), the
incorporating the different parts.                 sandy  (aenzacea), the stony (top/acesa), the fat
The particular crops to which manure was chiefly  (pinguis), and the caustic [?] (aspera).  Some of:applied will be noticed hereafter; but in so far as  them we recognise at once, as for example, the fat
regards the time of application it was laid down in  white clayey marl chiefly used in Britain, the ef



AGRICULT URA.                                      AGRICULTURA.                    61
fects of which were believed to endure for eighty  pulverised by the plough and harrow, and then
years.  (Plin. I. N. xvii. 5, 8; comp. Varro, i. 7,  covered up by ribbing the land (tertio cume arant,
In Gallia Transalpina intus ad Rhenum aliquot JACTO SE.MINE, bores lirare dicuntur).  (Varr. i.
reqiones accessi... bi agros stercorarent candidac  29; comp. Colum. ii. 13.)
fossicia creta.)                                      b. The land was ribbed, the seed was then
Somewhat analogous to the use of marl was the  dropped upon the tops of the lirae or elevated
system strongiy recommended by Theophrastus and  ridges, according to our fashion for turnips, LIRAS
Columella, but condemned by Pliny, of combining  autena rustici vocant easdemn porcas cum sic araetun
soils in which some quality existed in excess, with  est, Zt inter duos latius distantes sulcos, mzedius
those possessing opposite characters -  dry gravel  cumulus siccam sedenz ftu)iLentis praebeat. (Colum.
with chalky clay, or heavy wet loam with sand, -  ii. 4. ~ 8.)  This plan was followed on wet land
the object being frequently attained to a certain  to secure a dry bed for the seed, which would
extent by subsoil ploughing, which was greatly ap- probably be covered up by hand-rakes (rastris).
proved of as a means of renovating fields exhausted    c. The land was ribbed as in the formeri case 
by severe cropping. (Theophrast. II. I. A. iii. 25; but the seed, instead of being dropped upon the
Colum. ii. 15; Plin. H. N. xvii. 5.)               ridge of the lira, was cast into the depression of the
When ordinary manures could not be procured  furrow, and might be covered up either by the harin sufficient quantity, a scheme was resorted to  row or by ploughing down the middle of the lira.
which was at one time pursued in this country, This was practised on light, sloping, and therefore
and is still adopted with considerable success in  dry, land (neque in lira sed sub sulco talis ager
many parts of Italy and in the sandy tracts of seminandus est, Colum. ii. 4. ~ 11).
southern France.  The field was sown about the    It will be seen clearly that, whichever of the
middle of September with beans or lupines, which  above modes was adopted, the seed would sprilig
were ploughed into  the  ground  the following  up in regular rows, as if sown by a drill, and that
spring, in all cases before the pod was fully formed, only one half of the land would be covered with
and at an earlier stage of their growth on light seed.  In point of fact, the quantity of seed sown
than on stiff soils.  Nay, many crops, such as  on a given extent of ground was not above half of
beans, peas, lupines, vetches, lentils (ervilia, ci-  what we employ.
cerula), even when allowed to come to maturity,    Vetches, fenugreek, and some other crops, as
were supposed to exercise an ameliorating influence, will be noticed below, were frequently thrown
provided their roots were immediately buried by  upon land unprepared (crudz terra), and the seeds
the plough, although perhaps in this case the bene-  then ploughed in.  The seed seems to have been
ficial effect may have resulted from  the manure  cast out of a three-peck basket (trimzodinas  saloapplied before they were sown.  On the other  rines, sc. corbenz), which from superstitious motives
hand, corn in general, poppies, fentgreek, and all was frequently covered over with the skin of a
crops pulled up by the roots, such as cicer and flax, hyaena.  Pliny points out how necessary it was
were supposed to exhaust (zrere) the soil, which  that the hand of the sower should keep time with
then required either repose or manure to restore its  his stride, in order that he might scatter the
powers.  (Theophrast. II. I,. A. viii. 9; Cat. 37; grains with perfect uniformity.
Varr. i. 23; Colum. ii. 13-15, xi. 2; Pallad. i.    3. The points chiefly attended to in the choice
6, vi. 4, x. 9; Plin. H. N. xvii. 9, xviii. 10. 14-  of seed corn were, that it should be perfectly fresh
16.)                                               and free from mixture or adulteration- and of an
uniform  reddish colour throughout its substance.
3. Sowuing (stioe)                 When the crop was reaped, the largest and finest
BMay be considered under three heads.  1. The  ears were selected by the hand, or, where the
time of sowing.  2. The manner of sowing.  3. produce was so great as to render this impossible,
The choice, preparation, and quantity of the seed.  the heaviest grains were separated by a sieve
1. The seed-time (seneentis) scaT' EoX Ov,, com-  (quidquid Ceteeatur capisterio expuryandum  erit)
menced at the autumnal equinox, and ended fifteen  and reserved.  In addition to these precautions it
davs before the winter solstice.  Few, however, was not unusual to doctor seeds of all sorts (medicare
began before the setting of the Pleiades (23d Oc-  sem7inc) by sprinkling  them  with an  alkaline
tober), unless on cold wet ground, or in those lo- liquor (nitrum, i. e. probably carbonate of soda),
calities where bad weather set in soon; indeed, it or with the deposit left by newly expressed oil
was an old proverb that, while a late sowing often  (anezurca), or by steeping them in. various preparadisappointed the hopes of the husbandman, an early  tions, of which several are enumerated by Coluone never realised them (mzaturcams sationes saepe  mella and Pliny; the object being twofold, in the
decipere solere, serame nuzsmquam quzin nale sit); and  first place to increase the quantity and quality of
the Virgilian maxim is to the same purpose. Spring  the produce, and in the second place to protect it
sowing (trimestris satio) was practised only in very  from  the ravages of vermin, especially the little
deep stiff land, which would admit of being cropped  animal called czurculio, probably the same insect
for several years in succession (restibilis ager), or with our weevil.
where, from peculiar circumstances connected with    The quantity of seed sown varied according to the
the situation or climate, such as the great incle-  soil, the situation, the season, and the weather, the
mn?:ncy of the winters, it was impossible for the  general rule being that less was required for rich
farmer to sow in autumn; and hence, generally  and finely pulverised (pinguze et putre), or light
speaking, was resorted to very sparingly, and for the  and sharp (gracile), or thin poor soil (7nccruzm, exile)
mlost part from necessity rather than inclination.   than for such as was stiff and heavy (crassumn,
2. We can infer from incidental notices in agri-  cretosune), or moderately tenacious; less for an
cultural writers, that the seed was committed to  open field than for an arbustumn, less at the beginthe ground in at least three different modes.      ning of the season than towards the close (although
a. The seed was cast ipeon a flat surface finely  this is contradicted by Pliny, I<. N. xviii. 24), and
E 2




1.2           AGRICU LTU RA.                                   AGRICULTURA.
less in rainy than in dry weather, maxims which  runcatio), which in the case of grain crops took
are fully explained by the authorities quoted be- place immediately before they began to blossom,
low.  The average amount of seed used for the  or immediately after the flower had passed away.
three principal species of grain -wheat, spelt and  The weeds were either pulled up by the roots
barley- -was respectively, five, ten, and six modii  (evulsis inutilibus herbis), or cut over with a billperjuger. (Xenoph. Oecon. 17; Theophrast. ii. 6. and  hook, which Palladius terms runco. (Cat. 37;
iii. 25; Cat. 34, 35; Varr. i. 29, 34, 40, 52; Co- Varr. i. 30; Colum. ii. 11, xi. 2; Pallad. i. sub.
lum. ii. 2, 3, 8, 9, 10, 13, xii. 2; Pallad. i. 6, 34, fin.; Plin. H. N. xviii. 21; Geopon. ii. 24.)
x. 2; Virg. Georg. i. 193, 219, 225; Plin. H. N.    But after the farmer had laboured wiLh unrexiv. 211 xvi 27, xviii. 24, 73; Geopon. ii. 15-20.)  mitting zeal in cleaning and pulverising the soil, in
selecting and medicating the seed, in hoeing the
4. Harrowing (occatio)              young  blades, and in extirpating the common
Miight be performed at two different periods:  noxious weeds (loliumn, tribuli, lappae, cardui,
after the first or seond ploughing, in order to  rsbi, ca7ean), the safety of the crop was threatened
powder the soil completely; and after sowing, in  by a vast number of assailants (tunaz variae ilhdant
order to cover up the seed.  When the land was pestes); such as worms of various kinds (verlniculi)
encumbered with roots and deep-seated weeds, a  attacking both root and ear, caterpillars (uricae),
grubber (iTpex, Cat. 10. Varr. L. L. iv. 31) formed  spiders (pialangia), snails (linzaces, cochleae), mice
of a strong plank set with iron spikes was em-  (s2ures), moles (talpae), and the whole race of
ployed, but in ordinary oases wicker hurdles (vi- birds, besides which, each kind of plant was bemineae crates), sometimes fitted with teeth (den- lieved to have its own special vegetable enemyl,
tatae), were dragged over the ground; or the clods  which, if not carefully watched, would spring up,
were broken with hand-rakes (raostra). The seed, choke, and destroy it.  The most formidable of
as we have seen above, being for the most part these pests are enumerated by Pliny (II. N. xviii.
-ploughed in, and the operation for that reason placed  17), who proposes sundry precautions and remedies,
under the patronage of a god Obarator, the second  of which many are ridiculous superstitions.  But
harrowing (iteratio) was omitted, except where the  the foe dreaded above all others in the vineyard
surface still rose in lumps (Virg. Georg. i. 104); but and the cornfield was a peculiar blight or mildew
since it was the duty of a god farmer to have his termed robigo, which wrought such havoc in damp
fields in the best order before he began to sow, the  low-lying situations that it was regarded as a mnaolder Roman writers considered harrowing after nifestation of wrath on the part of a malignant
sowing as a proof of bad husbandry.- " Veteres spirit, whose favour the rustic sought to propitiate
Rominani dixerunt male subactum agreim, qui satis  by the annual festival of the Rtobigalia.  [RouBfrugibus occandus sit."  (Colum. ii. 4, 13, xi. 2;  GALIA.]
Plin. H. N. xviii. 20; Virg. Geoyg. i. 94, 104.)   Another danger of an opposite description arose
from the grain shooting up so rapidly that the stalk.. Hoeing (sarritio).              was likely to become immoderately long and weak.
The next care, after covering up the seed, was  The danger in this case was averted by pasturto loosen the earth round the roots of the young  ing down the too luxuriant herbage with sheep
blades, in order that air and moisture might gain  (Izturiemz segetua  tenera depascit in hlerba), or by
free access and enable them  to send forth more  dragging over it an iron-toothed harrow  (cratis et
numerous and more vigorous shoots and fibres  hoc genus dentatae stilis fJrreis), by which it was
(ut fruticare possint).  This process was termed  said to be combed (pectinari). (Plin. H. N. xviii.
CKaseia, sar'itio, or sarculatio, and was carried  17. 21; Virg. Geory. i. 151.)
on by hand with an instrument called seacubm m,
the form of which is not known.  Corn was usu-                 7. Reaping (Onessio).
ally, hoed twice, for the first time in winter, as    The corn was reaped as soon as it had acquired
soon as it fairly covered the ground (cuae sata  a uniform  yellow tint, without waiting until it
sulcos contemrint), provided there was no frost; had become dead ripe, in order to avoid the loss
and for the second time in spring, before the stalk  sustained  by shaking, and  by the ravages of
became jointed (antequoan seges in articulum eat); animals.  The necessity of pursuing this course
great care being taken at all times not to injure  with regard to barley, is especially insisted upon;
the root.  On the first occasion, and then only, but is quite at variance with modern practice.
where the ground was dry and the situation warm, (Colum. ii. 9.)
the plants, in addition to a simple hoeing (plane   Varro describes three distinct methods of reapsarritio), were earthed up (adobruere). Columella  ing (tria genera nmessionis).
recommends sarritio for almost all crops, ex-    1. That followed in Umbria, where the stalk
cept lupines; but authorities differed much as to  was shorn close to the ground with a hook (fa/x);
the necessity or propriety of performing the opera-  each handful was laid down; and when a numtion in any case, and those who advocated its ex-  ber of these had accumulated, the ears were cut
pediency most warmly, agreed that the periods at off, thrown into baskets (corbes), and sent to the
which it ought to be executed, and the number of thrashing-floor, the straw (stcramenztuz) being left
times that it ought to be repeated, must depend  upon the field, and afterwards gathered into a
upon the soil, climate, and a variety of special heap.
circumstances. (Cat. 37; Varr. i. 18, 29, 36;    2. That followed in Picenum, where they used
Column. ii. 11, xi. 2; Plin. HI. N. xviii. 21, 26; a small iron saw (serrulafbrrea) fixed to the exGeopon. ii. 24; comp. Plaut. Capt. iii. 5. 3; tremity of a crooked wooden handle (ligneum inVirg. Geomg. i. 155.)                            cuevzrm bartillUm); with this they laid hold of a
6. Weeding (rcncatio).              bundle of ears which were cut off, the straw being
left standing to be mown subsequently.
Hoeing was followed by weeding (3oorataods,    3. That followed in the vicinity of Rome any




AG RICULTURA.                                      AGRICULTURA.                    63
maost other places, where the stallks were grasped  (Avlr-npi'p, ventiltors) who tossed it up from  a
in the left hand and cut at half their height from  sieve (vannus, capisteri um) or shovel (7rTlov, ventithe ground, the whole of the portion detached  labrIum), when the heavy portion fell down in a
being conveyed in baskets to the thrashing-floor, heap, and the chaff floated off through the air.
and the part left standing being cut afterwards.   When it was intended to keep the corn for any
The last two methods only are particularly no- length of time, it was common to. repeat the proticed by Columella, who describes the instruments  cess (repurgare, repolere), that it might be thoemployed in the second under the names of pectines  roughly cleared.  (Varr. i. 52; Colum. ii. 9. 20;
and  smeegi [ae?]  (vetdi ni2es;yis, alii /pectinibus  comp. Horn. 11. v. 499; xiii. 588.)
spicam ijssanm lemvZat); and those employed in the
third asfjlces cvericulatae (es/lti./kibi/es vericzlatis,   10. Preservation of Corn (defiementaoservando).
atque ius vet rostratis sel cdnticselatis 7ediZin2 cZ/ulsum  After the corn had been thrashed out and winseca/nt); a series of terms which have never been  nowed, or at least the ears separated from the stalk,
very satisfactorily explained.  In addition to the  the next care wa to store up (condere) the grain in
above, Pliny and Palladius describe a reaping-  fitting repositories (yranasics, horrecs).  The great
machine worked by oxen, which was much used  object in view being to preserve it from becoming
ini the extensive level plains of the (Gauls.  Virgil mouldy or rotten, and to protect it from the ravages
(Geoqg. i. 316), perhapq, alludes to binding up the  of vermin, especially the weevil (curculio), we find
corn in sheafs; but his words are not so clear  that very great diversity of opinion existed as to
upon this point as those of Homer in the charm-  the means by which those ends might best be ating picture of a harvest-field contained in the  tained.  By some the store-houses were built with
eighteenth book of the IiMad. (Varr. i. 50; Colunl.brick walls of great thickness, for the purpose, it
ii. 20; Plin. H. N. xviii. 30; Pallad. vii. 2; Geopon.  would seem, of securing a uniform  temperature,
ii. 25; comp. Hom. 11. xi. 67, xvYii. 550.)        and had no window  or aperture, except a hole in
the roof, through which they were filled. Others,
again, raised  these structunes aloft on wooden
After the crop had been properly dried and  columns, and  allowed  currents of air to pass
hardened (torsreftsca) by exposure to the sun, it through on all sides and even from below; while
was conveyed to the thrashing-floor (lAXws, &Aovj,  others admitted particular winds only, such, namely,
or &aXeod, area).  This was an open space, on some  as were of a drying character.  Many plastered
elevated spot over which the wind had free course, the walls with a sort of hard stucco worked up
of a ciroular form, slightly raised in the centre to  with amurca, which was believed to act as a safeallow moisture to run off  The earth was corm- guard against vermin, while o;thers considered the
pressed by heavy rollers (graci cylindro, molari use of lime under any form as decidedly injurious.
lapice), pounded with rammers (pavicul/is), and  These and many different opinions, together with
reduced to a solid consistency with clay and chaff, receipts for various preparations wherewith  to
so as to present an even unyielding surface; or, sprinkle the corn, will be found detailed in the
better still, paved with hard stones.  Here the corn  authorities cited below, among whom  Pliny very
was spread out and beaten with flails (6aculis excu- sensibly observes that the pincipal consideration
tereo,f/stibus cudere,perticisflagellare); or more com-  ought to be the condition of the grain itself when
monly, except when the ears alone had been brought  housed; since, if not perfectly dry, it must of nefrom the field, trodden out (et/erere) by the feet cessity breed mischief.  In many countries, as in
of a number of men or horses, who were driven  Thrace, Cappadocia, Spain, and Africa, the corn
backwards and forwards within the ring.  To pro-  was laid up in pits (sc'obibus) sunk in a perfectly
duce the effect more easily and more perfectly, the  dry soil and well lined with chaff, a practice now
cattle were frequently yoked to a machine (tribu-  extensively adopted in Tuscany.  Wheat in the
/1u2), trib/da, tralea, eraEi), consisting of a board  ear (cun spicae sua) might, according to Varro, if
made rough by attaching to it stones or pieces of the air was excluded, be preserved in such recep-.
iron, and loaded with some heavy weight; or, what  tacles for fifty years, and millet for hn hundred.
was termed a Punic wain (plostellums Poeniceuml)  (Cat. 92; Varr. i. 57; Colum. i. 6; Pallad. i. 19:
was employed, being a set of toothed rollers  Plin. H. N. xviii. 30; Geopon. ii. 27-31,)
covered with planks, on which sat the driver who
guided the team.                                                      IV. CROPs.
Attached to the area was a huge shed or halfenclosed barn (nubilaiqnm), of sufficient dimensions    Crops, as already remarked, may be divided
to contain the whole crop.  Here the corn was  into four classes: —1. Grain or corn crops. 2. Legudried in unfavourable seasons before being thrashed, minous crops, or pulse. 3. Crops cut greenforforage.
and hither it was hurriedly conveyed for shelter  4. Crops which supplied the raw materials for the
when the harvest work was interrupted by any  textile fabrics.  We might extend the number
sudden storm. (Cat. 91, 129; Varr. i. 13, 51, 52;  of classes did we purpose to treat of certain plants,
Colunl. i. 6, ii. 19; Pallad. i. 36, viii. 1; Plin. H.  such as poppies (papeavera) and sesamum, raised
N1  xviii. 29, 30; Hom. It. xiii. 588; xx. 495; xxi. to a small extent only, and confined to particular
77; Virg. Georg. i. 178; Geopon. ii. 26.)         localities; but our limits do not permit us to embrace so wide a field of inquiry.
9. lTYinnoaving (Ventilizdio).            In addition to the above, much attention was
When the grain was mixed with chaff, it was  devoted to what may be termed secondary crops;'
laid dowvn in small piles upon the area, in order  those, namely, which did not afford directly food:
that the lighter particles might be borne away by  or clothing for man or beast, but which were re.:
the passing breeze; but when the wind was not quired in order to facilitate the cultivation and
sufficiently strong it became necessary to winnow  collection of the primary craps, Thus, beda. of
(eventi/are) it.  This was effected by a labourer  willows (salicteta) for baskets and withes, and of
3




54            AGRICUJLTURA.                                      AGRICULTURA.
reeds (arundineta) for vine-props, were frequently in  years into siligo, and by Pliny (xviii. 8) that siligo,
favourable situations very profitable, just as land  in most parts of Gaul, passed, at the end of two
in certain districts of Kent yields a large return  years, into triticlz; again, Colunmella, in describing
when planted with young chestnuts for hop-poles.  trimestre, admits (although contradicted by Plin.
1H. N. xviii. 7) that it is a variety of siligo, while
Xi. Corn ~Csois (~finr emntcts).       ~modern experience teaches us that winter and spring
The word applied in a general sense to denote  wheats are convertible by subjecting them to pecuwhat we now call " the cereal grasses" was fi'u-  liar modes of cultivation.  Hence we. conclude that
m2entar; but of these wheat being by far the most  robus and siligo were varieties of what is now
important, it is not wonderiul that the term  in  termed by botanists li'iticum bz ybermnol, and that
question should be employed frequently to denote  triinestre was a variety of our Ti'itiCZm7 aestisv1mn,
wheat specially, and occasionally in such a manner  which is itself a variety of the hlybernusz.
as to exclude other kinds of grain, as when Pliny    The question with regard to Farr, Ador, Semen
remarks, " calamus altior irumento quam  hordeo,"  adoreum, Semen, AdoreztU, names used indifferently
meaning " in wheat the stalk is longer than in  by the Latin writers, does not admit of such an
barley."  The only frumenta which it will be  easy solution.  But after a careful examination'necessary for us to consider particularly in this  of the numnerous, vague, perplexing, and contradicplace are -                                        tory statements scattered over the classics, the disa. Triticoun and Far; b. Ilordeunz; c. Panicrn  cussio.n of which separately would far exceed our
and Milium.                                        limits, we may with considerable confidence decide
a. Triticumn and Far.  No one entertains any  that finr was a variety of the Greek Cia or (eia, and
doubt that triticum (mrvpbs in Greek, and by the  of the modern  Triliczrn spelt, if not absolutely
later writers eiTos) is the generic name for the  identical with one or both.  Spelt, which is fully
grain which we denominate wileat; but when we  recognised by botanists as a distinct species of tiitiproceed to examine the different species or varieties,  cum, is much more hardy than common wheat, sucwe are involved in many difficulties, for the  ceeding well in high exposed situations where the
botanical descriptions transmitted to us by the  latter would not ripen, and its chaff adheres with
ancients are in  all cases so imperfect, and in  singular firmness to the grain, both of which cirmany instances so directly at variance with each  cumstances were prominent characteristics of fbir.
other, that it becomes almost impossible to identify  (Colum. ii. 8; Plin. IT. N. xviii. 7, 8, 30.)  Inwith certainty the objects to which they refer, with  deed, it was found impossible to get rid of the thick
those familiar to ourselves. Columella (ii. 6; comp.  double case in which it was enclosed, by the ordiDioscorid. ii. 107; Theophr. H. P. viii. 1. 4), who  nary modes of thrashing; therefore it was stored
attempts a systematic classification, assigns the first up with the chaff attached (conychit cun2 palea snun
place among "frumenta" to Triticum and Senzen  condi et stipulam tCntZun  et aristis liberatur); and
adoreum, each of which contained se oeral species or  when used as food it was necessary to pound it in a
varieties.  Among many different kinds of triticum   mortar, or rub it in a mill of a peculiar construction,
lihe deems the following only deserving of particular  in order to separate the tenacious husks —a process
notice: -                                         altogether distinct from grinding, and indicated by
1. Robus, possessing superior weight and bril-  the words pinsere, pistur6a, pistores.  (Cat. 2; Plin.
liancy (nitor).                                    tI. N. xviii. 10.) The idea entertained by some com2. Sii{go, very white, but deficient in weight.  mentators, that the distinction between triticum and
(Colum. ii. 9, ~ 13; Plin. H. N. xviii. 8.)       far consisted in the circumstance that the latter was
3. Trimestre ('rpl,-vmai7os s. rpUlios), a sort of awned while the former was beardless, is altosiligo, receiving its name from lying three months  gether untenable; for not only does Pliny say exonly in the ground, being spring-sown.  We find  pressly in one passage (xviii. 10), fal sine arista
this kind sometimes denominated Billw7,os also, est, and in another (xviii. 30), as distinctly that iar
since in very warm  situations it came to maturity  had aristae, but it is perfectly clear from Varro
in two months after it was sown.                   (i. 48; compare Plin. H. N. xviii. 7), that ordinary
Among the different kinds of Semen adoreumn, triticum  had a beard, and from Pliny that siligo
the following are particularly noticed: —          was generally, although not uniformly, without
1. Far Clusinunm, distinguishedby its whiteness  one - a series of assertions whose contradictory
2. Far venuculum rutilUmn.   Both heavier than  nature need occasion no surprise, since it is now
3. Par venuczlunm candidum. J   the C lusinm27.    well known that this, like colour, is a point which
4. Halicastrum  or Seamen triizest're, very heavy  does not amount to specific difference, for white,
and of'fine quality.  Here w'e must remark that red, awned, and beardless wheats are found to
although robus, sitigo, and trimestre are set down as  change and run into each other, according to soil,
particular species or varieties of the more general  climate, and mode of culture. Another fact noticed
term triticum, which is used in contradistinction to  by Pliny, to which, if correct, botanists seem not
semen adoreun, it is much more usual to find triti-  to have given due attention, is, that triticum had
cum used in a restricted sense to denote ordinary  four joints in its stalk, ftr six, and barley eight.
winter wheat, in opposition to both siligo and ado-    All agree that triticum  (we shall use the word
reunM, and hence Pliny declares that the most com-  hereafter in the restricted sense of common wintermon kinds of grain were "Far, called adoreurn by  wheat) succeeded best in dry, slightly elevated,
the ancients, siligo, and triticum."               open ground, where the full influence of the sun's
Now, with regard to the three kinds of triticun  rays was not impeded by trees, while siligo and far
enumerated above, we shall have little difficulty in  were well adapted for low damp situations and stiff
deciding that they were not distinct species, but clayey soils (Cato 34, 35; Varr. i. 9; Colurm. ii. 6;
merely varieties of the same species; for we are  Plin. xviii. 8).  The sowing of winter wheat (satio
assured by Columella (ii. 9), that triticum, when  cutenmnalis) whether triticum, sihigo, or adorenm,
Uown in wet land, passed in the course of three  commenced for the most part, according to the




AGRICULTURA.                                      AGRICULTU RA,                   $$
Yirgilian precept, after the morning setting of the  read of trilicea farina, siliginea farina, hordeacea
Pleiades, that is, by the Roman calendar (ix. Kal. farina, even avezaceafairina (Plin. II. N. xviii. 9,
Nov.), after the 24th of October, and was always  xx. 13, xxii. 25). In the expressionsfar triticeum,
concluded before the 9th of December, it being a far hordaceuse found in Columella (viii. 5, 11), Jfr
maxim  strictly observed among  prudent husband-  is evidently used for fJrina, and we shall see
nlen to abstain from all field work for fifteen days  that even siligo is in like manner used to denote, not
before, and fifteen days after the winter solstice.  only the solid grain, but the flour produced by
In wet or light soils, however, and in all ex- grinding it.  This being premised, we may proposed situations, where it was important that the  ceed to examine the meaning of the terms pollen,
roots should have a firm hold of the ground before  ss7zilago s. sinila, cibarium, siligo, flos, alica, avsythe rains and frosts set in, the sowving was fre-  lunr, granea, &c., several of which have never been
quently completed by the end of September.         clearly explained.  Here again we can give the reSpring sowing (statio tirinestris) was practised  sult only of an investigation, in the course of which
only when the farmer had been prevented by ac-  we are obliged to thread our way through statecidental circumstances from completing his work in  ments at once obscure and irreconcilable. Regardautumn; or in those localities where, from the ex-  ing triticuaz. and siligo as two well distinguished
treme cold and heavy snows, it was feared that the  varieties of wheat, their products when ground
young blades would be destroyed in winter; or  were thus classed by millers:finally, where, from the depth and stiffness of the
soil (crassitudine), it might be cropped repeatedly                      triticum,
without a fallow.  In every case it was considered    1. Pollen, the finest flour dust, double dressed,
advisable to throw the seed as soon as the weather    2. Sim7zila, or Sihril(go, the best first flour.
would permit, that is, in ordinary seasons, early in    3. Ci/Mriu2n  secundar'izm72 second flour.
Mlarch.  The quantity of seed required was from      4. Fmufi/res, bran.
four to six modii of trsiticumn or siligo to the juger
according as the soil was rich or poor; and from
nine to ten modii of far.  To understand this dif-    1. Siligo, the finest double-dressed flour, used
ference, we must recollect that the far was stored  exclusively for pastry and hancy bread.
up and sown out in its thick husks; and, therefore,    2. F/os (silizzinis), first flour.
would occupy almost twice as much space as when      3. Cibariua   secundariuaz, second flour.
cldened like the triticum.  The various operations    4. F]l:sfitres, bran.
performed upon the above quantity of seed before    It would appear that Celsus (ii. 18), considerit could be brought to the thrashing-floor, required  ing wheat generally as triticum, called the finest
ten days and a half of work.-Four for the plough-  and purest flour siligo; ordinary flour, simila; the
man  (bubulcus); one for the harrower (occator);  whole produce of the grain, bran, and flour mixed
three for the hoer (sarritor), two days on the first  together, arVTd7rupos.  (Plin. II. N. xviii. 8, 9,
occasion, and one on the second; one for the weeder  10, 11.)
(runcator); one and a half for the reaper (nmessor).  Alica is placed by Pliny among the different
The finest Italian wheat weighed from twenty-  kinds of corn (xviii. 7), and is probably the same
five to twenty-six pounds the modius, which cor-  with the Halicastruln, Alicastruzn, or spring-sown
responds to upwards of seventy English pounds far of Columella. But alice is also used to denote,
avoirdupois to the imperial bushel, the Roman  not only the grain, but a particular preparation of
pound being very nearly 11-8 oz. avoird., and the  it, most clearly described in another passage of
modius'99119 of an imperial peck.  The lightest  Pliny (xviii. 11).  The finest was made from
was that brought from Gaul and from the Cherso-  Campanian zea, which was first rubbed in a wooden
nese.  It did not weigh more than twenty pounds  mortar to -remove the husk, and then (excussis
the modius.  Intermediate were the Sardinian, the  tmnicis) the pure grain (nudata meedulla) was
Alexandrian, the Sicilian, the Beotian, and the  pounded.  In this manner three sorts were proAfrican, the two last approaching most nearly in  duced and classed according to their fineness, the
excellence to the Italian.                         7zinzimum, the secundariu7z, and the coarsest or
The proportion which the produce bore to the  caplaereiea, and each was mixed with a kind of fine
seed sown varied, when Cicero and Varro wrote, white chalk, found between Naples and Puteoli,
in the richest and most highly cultivated districts  which became intimately amalgamated with it
of Sicily and Italy from  8 to 10 for 1; 15 for 1  (transit in corpus, colorenmque et tkneritateom ap't).
was regarded as an extraordinary crop obtained in  This compound was the principle ingredient in a
a few highly favoured spots only, while in the age  sort of porridge also called alica, while alicariu,,
of Columella, when agriculture had fallen into  signifying properly one who pounded alica, fredecay, the average return awuas less than 4 for 1.  quently denotes a miller in general. (Plin. H. I.
Parts l:f Egypt, the region of Byzacium in Africa,  xviii. 7, 11, 29, xxii. 25; Cat. 76; Cels. vi, 6;
the neighbgurhood of Garada in Syria, and the  Mart. ii. 37, xiii. 6; Geopon. iii. 7.)
territory of Sybaris were said to render a hundred   Anzyluin is starch, and the modes of preparing
or even a hundred and fifty fold; but these ac-  it are described by Cato (87), and Pliny (H. AN,
counts were in all likelihood greatly exaggerated.  xviii. 7).
(Cic. in Verr. iii. 47; Varr. i. 44; Colum. iii. 3.    Granea was wheat, not ground, but merely
~ 4; Plin. H. N. xviii. 21.)                       divested of its husk, and made into a sort of poer
Far is uniformly represented as having been the  ridge by boiling it in water and then adding milk,
first species of grain ever cultivated in Italy, and  (Cat. 86.)
as such was employed exclusively in religious cere-    b. Hordeum   s. Ordelum  (rpl077; p?, Horn.).
monies.  Hence also farina became the generic  Next in importance to triticnme and adoreum, was
term  for flour or meal whether derived from far, hiordeun2 or barley, which was a more appropriate
from triticum, or from any other cereal.  Thus we  food for the lower animals than wheat, was better
a 4




56            AGRICULTURA.                                     AGRICULTURA.
for man when made into polenta than wheat of an  be the fplca described by Galen (De Alimzent.
indifferent quality, and furnished excellent straw  Fazcult. i. 2) as cultivated in Thrace and Macedonia
and chaff (stram7entum, palea).                  (but this, in all probability, was a coarse variety of
The species most generally cultivated, termed  spelt), nor by Cato, Varro, Columella, nor Palla:
hexastichun or cantherinuzm, was, we can scarcely  dius.  Pliny alone (H. N. xviii. 40) speaks of it,
doubt, identical with what we now call bear or and in the following terms:-" Secale Taurini sub
bigg, the  Hordeumn  hexastich/on  or six-rowed  Alpibus Asians vocant, deterrimum, et tantum  ad
barley of botanists.  It was sown after the vernal arcendam  famem: foecunda sed gracili stipula,
equinox (Rence called'pLgsisYV, Theophr. Hr. P. nigritia triste, sed pondere praecipumin.  Admlisviii. 1), upon land that had been twice ploughed, cetur huic far ut mitiget amaritudinem  ejus; et
at the rate of five modii to the jugger; succeeded  tamen sic quoque ingratissimum ventri est.  Nasbest in a dry, loose, rich soil; and being an ex- citur qualicunque solo cum  centesimo grano, iphbausting crop, the land from which it had been  sumnique pro laetamine est."  In  the  previous
reaped was summer fallowed, or recruited by ma- chapter he makes it identical with fitrralo, that
nure.  It was cut as soon as it was ripe; for the  is, corn sown for the purpose of being cut green as
stalk being brittle, was liable to be beaten down; fodder.  See remarks upon Etarrago below.
and the grain not being enclosed in an outer husk,    Avena, the oat (Bp/o'os s. 3p&Juos, Theophr.
was easily shaken.                               H. P. viii. 4; Dioscorid. ii. 16), the A rena sativa
Another species, termed Galaticumn   or disti- of botanists, need scarcely be noticed in this place
chum, the same apparently with the modern Hor- since it cannot be raised as a grain with any addeune  vulgare,  or with the Hlorclezie disticklsn,  vantage in a climate so warm as that of Greece or
varieties of the common two-rowed barley, was  of Italy. Columella (ii. 10. ~ 9) and Pliny (H. N.
remarkable for its weight and whiteness, and an- xviii. 42, Avena Graeca) recommended that it
swered well for mixing with wheaten flour in  should be sown for green fodder, and the latter
baking bread for slaves. It was sown in autumn, remarks that it became a sort of corn (fylznenti fit
winter or early spring, at the rate of six modii to  instar) in Germany, where it formed a regular
the juger.  Five modii of seed hordeumn required  crop, and where oatmeal porridge was a national
six days and a half of labour to bring it to the  dish (neque alia pulte vivant, H. Nr. xviii. 44.
thrashing-floor; viz. ploughing three days, harrow-  ~ 1. comp. iv. 27, vi. 35).  In another passage
ing (occatoria opera) one, hoeing (sarritoria) one  (H. N. xxii. 68) the same author prescribes oatand-a-half, reaping (snessosia) one.            meal (avenacea farina) steeped in vinegar as a
Pliny speaks of hordeum as the lightest of all remedy for spots on the skin.  The Arena confrumenta, weighing only 15 pounds to the modius  demned as a troublesome weed by Cato (R. 1i.
(Roman pound-118 oz. avoird.).  In mild cli- xxxvii. ~ 5) and Virgil (steriles avenae, G. i. 154)
mates it might be sown early in autumn. (Theophr. is, probably, the Arena fltdua of botanists, alH. P. viii. 1; Cat. 35; Varr. i. 34; Colum. ii. though Pliny (FI. N. xviii. 44. ~ 1) makes no dis9. ~~ 14, 15, 16; Virg. Geor. i. 210; Plin. H. N. tinction between this and the cultivated kind.
xviii. 7, 10; Geopon. ii. 14.)                     Other cereals we may dismiss very briefly.
c. Panicum and Miliznum are commonly spoken of    Oryza (lpvae, iO'pv~ov), rice, was imported from
together, as if they were only varieties of the same  the East, and was much esteemed for making gruel
grain.  The first is in all probability the PPanicume  (ptisana).
nziliaceuem  or common smillet of botanists, the    Zea (CEa, Cea), Olyra (`Xovpa), Tips.he (*r/mn),
aAvglos or /zEXrl  of the Greeks; the second is and Arinca, of which the first two are named by
perhaps the Setaria Iltalica or Italian millet, which  Homer, must be regarded as varieties of the Triticorresponds to the description of KetyXpos; while the  cure  Spelta or Far (Herod. ii. 36; Theophr. II. P.
species noticed by Pliny as having been brought ii. 5, viii. 9; Dioscorid. ii. 110; Galen. de Alifrom India less than ten years before the period  ment. Facult. i. 2, 13).  The statements found in
when he wrote is, we can scarcely doubt, the  the eighteenth book of Pliny's Natural History in
Aorghum vulgare, or Duirra of the Arabs,        reference to these four are altogether unintelligible
Panicum  and miliumn were sown in spring  when compared with each other.  He evidently
(Virg. Georg. i. 216), towards the end of March, copied, as was too often his custom, from a nnum
at the rate of four sextarii (pints) only to the  ber of discordant authorities without attempting
juger, but they required repeated hoeing and  to reconcile or thinking it necessary to point out
weeding to keep them clean. They succeeded well their contradictions.  In one place (xviii. 20. ~ 4)
in light loose soil, even on sand if well irrigated; he says distinctly that Arinca is the 01.ra of
and as soon as the ears were fairly formed, they  Homer, and in another he seems to say (xviii. l 1)
were gathered by the hand, hung up to dry in the  that Olyra in Egypt became Far (fiar in _Eqpto
sun, and in this state would keep for a longer ex olyra conficiter).  Now we know from Heroperiod than any other grain.  Milium was baked  dotus (ii. 36) that in his time Olyra and Zea were
into bread or cakes, very palatable when eaten  considered synonymous, and that these exclusively
hot; and both panicum  and milium made good  were cultivated by the Egyptians.  Hence we
porridge (puls).  Although not much used by the  shall be led to conclude that the wheat which
population of Italy, except perhaps in Campania, has been raised recently from the seeds discovered
they formed a most important article of food in  in the mummy cases is in reality the ancient Zea
the Gauls, in Pontus, in Sarmatia, and in Ethio-  or Olyra, and from its appearance we should furpia.  (Cat. 6; Colum. ii. 9. ~ 17; Plin. H. N. ther be induced to identify it with the Tritic2sZe
xviii. 7, 10, 26; Pallad. iv. 3; Geopon. ii. 38; ramzosulmn of Pliny (H. N. xviii. 21).
Theoplr.. 11.. A. ii. 17, H. P. viii. 3; Dioscor.    With regard to Irio and Horminnmun, of which
in. 119.)                                       the former seems to have been called EpV'aiuomov by
Secale, rye, the Secale cereale of botanists, is not the Greeks, both enumerated by Pliny among
mentioned by any of the Greek writers unless it ftiunenta, although he afterwards somewhat quali.




AGRICULTURA.                                     AGRICULTURA.                 ^57
fies this assertion, we do not hazard a conjecture. of the ploughman, if the land was newly broken
(Plin. It. N. xviii. 10. ~ 1 —22, xxii. 75.)     up, but only one if it had been cropped the previous
We may conclude this section with an enumera- season; harrowing occupied one day and a half;
tion of the technical terms employed to denote the  the first hoeing one day and a half, the second and
different parts of an ear and stalk of corn.     third each one day, reaping one day; in all, seven
The whole ear was named spice; the beard or or eight days.
awn arista; the ear, when beardless, spica mu-    Bean meal (lomentuzm, crl'7yma) was baked into
tica, the white solid substance of the grain, inti- bread or cakes (hapTrS  Ktcvy ivOS), especially if
Mn7U, solidulmc-  2nudaca nzedull -gracnum; the  mixed with the flour of wheat or millet; when
husk which immediately envelopes the granum, made into porridge (.fe6tacia, puls fahata), it was
glaina, with which cortex, tzfnicca, folliculus, are  accounted an acceptable offering to the gods and
used as synonymous; the outer husk acus; the  termed Refi'iva, -a name properly applied to the
outer husk with the short straw attached, palee;  beans brought home and set apart for holy purthe stem, stipula, culmus, to which scapus, caulis poses. (Heom. II. xiii. 589; Cat. 35; Varr. i. 44;
correspond in leguminous plants; the knots or Colum. ii.  0, 12; Pallad. ii. 9, vii. 3; Plin. H. N.
joints in the stem, genicali, articali; the sheath- xvii. 5, xviii. 12, xix. 3; Geopon. ii. 35; Dioscorid.
like blade in the stem  from which the ear issues  ii. 127; Theophr. It. P. iv. 2, vii. 3, viii, 1; comp.
forth, vagina.                                   Fest. s. v. Refriva; Gell. iv. 11, x. 15; Macrob.
2. eg inos Cops    po g   t. i. 12; Cic. deDiv. i. 30; Ov. Fast. v. 436.)
b. Lupinus, the aEipteos of the Greeks, seems to
The vegetables falling properly under this head, include the Lupinus albus, the L. luteus, and the
chiefly cultivated by the ancients, were: a. Faba; L. pilosus of botanists, the common white, yellow,
b. Lupines; c. Lens s. Lenticula; d.. Cicer; e. and rose lupines of our gardens.  The first of the
Cicercula; f: Phiaseolus; g. Pisunz; to which, above species was that chiefly cultivated by the
in order to avoid multiplying subdivisions, we  Romans, and is pronounced by Columella to be
may add Napi and Rapa, since in common with  the most valuable of the legumina, because it dethe legumina they served as food both for men and  manded very little labour, was a sure crop, and
cattle.                                          instead of exhausting, actually refreshed and mae. Foaba. The ancient fi6ba, the KcvdaOS of the  nured the land.  Steeped in water and afterwards
Greeks, notwithstanding all that has been urged to  boiled, it formed an excellent food for oxen in
the contrary, was certainly one of the varieties of winter, and might be used even for man during
our common field bean, the Vlicia Faba, or Faba  periods of scarcity.  It could be sown as soon as
vulgaris arvensis of botanists.  It required either thrashed, might be cast upon ground unprepared
rich and strong, or well manured land. If sown upon  by ploughing or any other operation (crudis novallmoist low-lying ground that had remained long  bes), and was covered up anyhow, or not covered
uncropped (veteretumn), no previous preparation was up at all, being protected by its bitterness from the
necessary; but the seed was scattered and at once  attacks of birds and other animals.
ploughed in; the field was then ribbed and finally    The proper season for sowing was early in anharrowed (uese senzen cruado solo ingesserimus, inara- tumn, in order that the stalks might acquire vl;gour
bimus, imporcatuemquze occabizmus), the object being  before the cold weather set in; the quantity of
to bury the seed as deep as possible.  But if beans seed was ten modii to the juger, and the crop was
were to be sown upon land from which a corn crop  reaped after it had remained a year in the ground.
had been just reaped (restibilis cger),afterthe stubble  It succeeded well in any dry light land, but not in
was cleared away, manure was spread at the rate  wet tenacious soil. Ten modii required in all only
of twenty four vehes to'the juger, and then the re- three days' work; one for covering up, one for
maining operations were the same as above.  Rich  harrowing, and one for reaping, and of these operaland required from four to six modii to the juger, tions, the two first might, if there was a press of
poorer soil somewhat more.  A portion of the seed  work, be dispensed with.  (Cat. v. 35; Colurn. ii.
was committed to the ground about the middle  10, 16, xi. 2; Pallad. i. 6, ii. 9, vi. 3; vii. 3, ix. 2;
(media senmenti), the remainder at the end of the  Plin. H. IN. xviii. 14; Geopon. ii. 39; Virg.
corn-sowing season (septimontialis satio).  Virgil Geoag. i. 75.)
(Georg. i. 215), indeed, following the practice of his   c. Lens s. Lenticusla, the  baKods  of the Greeks,
own district, directs that beans should be sown in  the modern Ervum  Lens, Vicia Lens, or Lentile,
spring; but this was disapproved of in the rest of was sown twice a year, late in autumn (per mediam
Italy because the stalks (caules-/fbalia), the pods sementim) and early in spring, on dry light soil, in
(siliquae), and the husks (acusfilsayinuma), all of the proportion of rather more than a modius to the
which were of great value as food for cattle, were juger.  It was recommended to mix the seed with
less luxuriant in the spring-sown (trimnesiris faba)  dry manure, and after leaving it in this state for
than in the autumnal crop.  Columella recommends four or five days, then to scatter it. A modius and
that beans should be hoed three times, in which  a halfrequired eight days'work -ploughing, three;
case they required no weeding.  When they had  harrowing, one; hoeing, two; weeding, one; pularrived at maturity, they were reaped close to the  ling, one.  (Cat. 35; Virg. Geoas. i. 228; Colum.
ground, were made up into sheaves (.fsciculi), ii. 10, 12; xi. 2.; Plin. H. N. xviii. 12, 31;
were thrashed by men who tossed the bundles with  Pallad. xii. 11; Theophr. H. P. viii. 3; Dioscorid.
forks, trampled them  under foot, and beat them  ii. 129; Geopon. ii. 37; comp. Martial, xiii. 9. 1
with flails (baculis), and finally, were cleaned by  Gell. xviii. 8.)
winnowing. The harvest took place in Central    d. Cicer, the  pe'CLvOos of the Greeks.  The
Italy about the end of May, and hence the first of Oicer arietinum (tcpmts) and the Cicer Punicurn, vaJune was named Calendae Fabcriae, because on  rieties of our common chick-pea, were sown in
that day new beans were used in sacred rites. From  rich soil, during the month of March, in the profour to six modii of seed required two days' work  portion of three modii to the juger, the seeds




58            AGRICULTURA.                                     AGRICULTURA.
having been previously steeped to make them  rape seed, because the napus does not, like the
germinate more readily.  The crop was considered  rapumn  expand into an ample bulb (non in ceninjurious to the soil, and therefore avoided by  trezs latescit), but sends a thin root straight down
prudent husbanudmen.  Three modii of Cicer re-  (sed tenuene radicem cleorsunz agit).  Columella,
quired four days for ploughing and sowing, two  however, distinctly states that the rapum  and
days for harrowing, one day for hoeing, one day  napus passed into each other, under the influence
for weeding, and three days for pulling (velluntur  of a change of soil or climate. Rapina is the tern
tribus). (Colum. ii. 10, 12; Plin. H. N. xviii. 12; for a bed or field of turnips. (Dioscorid. ii. 134,
Dioscorid. ii. 126; Theophr. viii. 1, 3, 5, 6; Geo-  136; Cat. v. 35; Colum. ii. 10; Plin. H. N.
poen. ii. 36.)                                   xviii. 13.)
e. Cicercula, the  daOvpos of the Greeks, the
Lathlyrus sativus of botanists, which Pliny seems
to regard as a small variety of the Cicer, was    This term included all those crops which were
sown in good land either at the end of October or cut green and employed exclusively as forage for
at the beginning of the year, in the proportion of the lower animals.  Tile most important were:
three modii to the juger.  None of the legumina  a. Medica.  b. FoensnZ GraecCum.  c. Vicia.  d.
proved less hurtful to the ground, but it was rarely  Cicera.  e. IDrvum.7, lErvilia.  f: Farrago,  Ocya successful crop, for it suffered most from the dry  maIm. g. Foenunm.  The description of the last
weather and hot winds which usually prevailed  will involve an account of the system pursued in
when it was in flower.  Four modii of Cicercula  the management of meadows.
required six days'work-ploughing, three;harrow-    a. lledica (MrtqeLc7 sc. irda) the modern Lning, one; weeding, one; pulling, one. (Colum. ii. cerne.  The most important of all the plants cul10, 12; Plin. H. N. xviii. 12; Pallad. ii. 5, iii. 4; tivated for stock exclusively was Medica, so called
Theophr. H. P. viii. 3; comp. Plutarch. Quaest. because introduced into Greece during the Persian
Roem.)                                           wars.  When once properly sown, it would last
fi  Plsaselus s. Phaseolus (pao1iXos; paofj'osX;  for many years, might be cut repeatedly during
arifohAos), the common kidney-bean, succeeded  the same season, renovated rather than exhausted
best in rich land regularly cropped, and was sown  the soil, was the best fattener of lean cattle, the
towards the end of October in the proportion of best restorative for those that were sick, and so
four modii to the juger.  These four modii re- nourishing that a single juger supplied sufficient
quired three or four days' work, —ploughing, one  food for three horses during a whole year. Hence
or two, according to the soil; harrowing, one; the greatest care was bestowed upon its culture.
reaping, one.  The pods of the phaselus were some-    The spot fixed upon, which was to be neither
times eaten along with the seeds, according to our dry nor spongy, received a first ploughing about
own custom.  (Virg. Georg. i. 227; Colum. ii. 10, the beginning of October, and the upturned earth
12, xi. 2; Plin. H. N. xviii. 12; Pallad. ix. 12; was allowed to be exposed to the weather for the
x. 1.)                                           winter; it was carefully ploughed a second time,
g. Pisunz (irro'ov; a7rios; 7rloaos), the common  at the beginning of February, when all the stones
field pea, succeeded best in a loose soil, a warm   were gathered off, and the larger clods broken by
situation, and a moist climate.  It was sown im- the hand; in the month of March it was ploughed
mediately after the autumnal equinox, in the pro- for a third time and harrowed.  The ground thus
portion of rather less than four modii to the juger, prepared was divided into plots or beds (areas) as
and cultivated exactly in the same manner as the  in a garden, each fifty feet long and ten feet
phaselss. (Colum. ii. 10, 13; Plin. H. N. xviii. 7, broad, so that ready access might be gained by
12; Theophr. H. P. iii. 27, viii. 3, 5.)        the walks between for supplying water and exNapus, the 3ovimds of Dioscorides, is the mo- tirpating the weeds.  Old dung was then spread
dern Rape, the Brassica papa of botanists.  Ra- over the whole, and the sowing took place at the
puam, the yoyyvXis of Theophrastus, is the modern  end of April, a cyathus (about -L of an imperial
Turnip, the Brassica Napus of botanists.  The  pint) of seed being allowed for each bed of the
value of these plants was in a great measure over- dimensions described above.  The seed was imlooked by the earlier Romanv writers, while the  mediately covered in with wooden rakes (ligneis
Greeks regarded them  too much in the light of rastellis), and the operations of hoeing and weedgarden herbs; but Pliny enlarges upon their merits, ing were performed repeatedly with wooden imand by the Gauls beyond the Po, who wintered  plements. It was not cut for the first time until it
their oxen upon them, their culture was deemed  bad dropped some of its seed, but afterwards
next in importance to that of corn and wine. They  might be cut as tender as the farmer thought fit.
were highly useful as food for man, for cattle, and  After each cutting it was well watered, and as
even for birds; both the leaf and bulb were avail-  soon as the young blades began to sprout, every
able; being very hardy, they could be left in the  weed was sedulously removed.  Managed in this
ground, or would keep well if stored up, and thus  manner it might be cut six times a year for ten
one crop might be made to hold out until another  (Pliny says thirty) years.  It was necessary to
came in.  They required loose, well-pulverised, use caution in giving it at first to cattle, since it
and highly-manured soil. Rapa succeeded best in  was apt to inflate them, and make blood too
low, moist situations, and were sown at the end of rapidly, but when they were habituated to its
June after five ploughings (quinto sduco)); napi, use it might be supplied freely. It is very rewhich were more adapted for dry sloping land, at markable that this species of forage, to which so
the end of August or the beginning of September, much importance was attached by the Romans,
after four ploughings (quarto sulco); both, however, has altogether disappeared from Italy.  We are
in warm and well-watered spots might be sown  assured by M. Chateauvieux that not a single plant
in spring. A juger required four sextarii (about of it is now to be seen.  (Varr. i. 42; Colum. ii.
four imperial -pints) of turnip seed and five of 10, 28; Virg. Georgq. i. 215; Pallad. iii. 6, v. 1;




AGRICULTURA.                                     AGRICULTURA.                  59
Plin. II. N. xviii. 16; Dioscorid. ii. 177; Theophr. ragto ex secreenientis.f2-rris praedensa seritur), but
[I. P. viii. 7.)                                 afterwards rye (secale), oats (avenac), and barley,
b. -Foenusm-Graeceu, variously termed  Tr~X's, were employed; the last-mentioned being, in the
BoREPWTc s. oKcepas, IcepatRLs and atiydepwcs, estimation of Columella, the best; and these grains
the Trigonella foenumn Graeczam, or common Fenu-  were not always sown alone, but frequently with
greek of botanists, was called Siliq2a by country  an admixture of the vetch and various legumina.
people, and succeeded best when totally neglected, Hence fiarroGqo is used by Juvenal to denote a
care being taken in the first place not to bury the  confused medley of heterogeneous topics.
seed deep (scarificatione seritur).  Six or seven    2. That as jfiaraJo properly denoted corn cut
modii, which was the allowance for a juger, re- green for fodder, so ocysemum was the name given
quired two days for sowing and one for reaping. to plants of the bean kind, when used in the same
(Cat. 35; Colum. ii. 10, xi. 2; Plin. II. N. xviii. manner, before they came to maturity, and formed
16, xxiv. 19; Dioscorid. ii. 124; Theophr. II. P. pods.  Manlius Sura gives the proportions of ten
iii. 17, viii. 8.)                               modii of beans, two of vetches, and two of erviliae
c. Vicia (asvpacovs, the SLKOciV  of Galen), some  to the juger; and this combination was said to be
one of the varieties of the Jicia sativa, the Vetch  improved by the addition of A4vena Graeca, sown
or Summer (or Winter) Tare of botanists.  It in autumn; it was the first crop available in the
might be sown on dry land at different periods of early part of the year, and hence, of the three forms
the year, usually about the autumnal equinox when  ocisssna, ocism,,721  ocyminum, we can scarcely doubt
intended for green fodder; inJanuary or later, when  that the last is the most accurate, and that the
raised for seed.  (But see Plin. HI. N. xviii. 15.) name was given on account of the rapidity of its
The quantity required in the former case was seven  growth in spring.  From the expression of Pliny,
modii to the juger, in the latter six.  Particular " Apud antiquos erat pabuli genus quod Cato
care was taken not to cast the seed when there  Ocyisum  vocat," and the silence of Columella,
was dew or moisture of any sort upon the surface  who mentions the garden herb ocyonum  (basil)
of the ground; the period of the day selected for only, we infer that this sort of pabulum was little
the operation was therefore some hours after sun- used after the time of Varro.  The notion of
rise, and no more was scattered than could be  Gesner that ocymum  is clover, the cbnb0oov  r pL rEcovered up before night. It required little labour-  Tr-7Aov of Callimachus, is directly at variance with
ploughing two days, harrowing one, reaping one; the statements of Pliny, who mentions trifolium as
in all, four days' work for six or seven modii. a distinct plant.  (Cat. 27, 53, 54; Varr. i. 23,
(Cat. 35; Varr. i. 3]; Virg. Georg. i. 75; Colum. 31; Colum. ii. 10. ~ 31, 35, xi. 3. ~ 29; Plin.
ii. 10. ~ 29, 12. ~ 3; Plin. H.N. xviii. 15; comp. H.. xviii. 16.)
Ov. Fcast. v. 267.)                                g. Foenumn, Prata.  So much importance was atd. Cicera, the iOXpos of Theophrastus, the La-  tached to stock, that many considered a good meatl9r2ues Cicera of botanists, was sown after one or dow as the most valuable species of land, requiring
two ploughings (primno vel altero sulco), in the  little trouble or outlay, subject to none of the casualmonth of March, the quantity of seed varying, ac- ties to which other crops were exposed, affording a
cording to the richness of soil, from two and a  sure return every year, and that twofold, in the
half to four modii for the juger.  In southern  shape of hay and of pasture. The meadows were of
Spain it was given to the cattle crushed (cicera  two kinds, the Dry Meadow (siccanesl2 pratuzn) and
fresa), steeped in water, and then mixed with  the Irrigated or Water Meadow (pratuzs riguum).
chaff.  Twelve pounds of eravwzm were considered  The hay produced from a meadow whose own rich
equivalent to sixteen of cicera, and sufficient for a  natural moisture  did not require an artificial
yoke of oxen.                                    stimulus was the best. Any land which declined
Cicera was cultivated for its seed also, and formed  with a gentle slope, if either naturally rich and
a not unpalatable food for man, differing little if at moist, or capable of irrigation, might be laid down
all in taste from  the cicercula, but being of a  as a meadow, and the most apprcved method of
darker colour.  (Colum. ii. 11, ~ 1, 12; Pallad. iv. procedure was the following: —The land having
6; Plin. H. N. xviii. 12; Theophr. H. P. iv. 2.)  been thoroughly ploughed and well laboured in
e. Ervuum, Ervilia, the Uipofos of Dioscorides, are  summer, was in autumn sown with rapa, or napi
apparently varieties of the Ersunz Exi-ile, or Wild  or beans, the following year with wheat, and in
Tare of botanists.  Eeavum succeeded best in poor the third year, all trees, bushes, and rank weeds
dry land; might be sown at any time between the  having been extirpated, with the vetch (vicia)
autumnal equinox and the beginning of March, at mixed with grass seeds.  The clods were broken
the rate of five modii to the juger, and demanded  down with rakes, the surface accurately levelled
little care.  The above quantity required six days' by wicker hurdles, so that the scythe of the mower
labour-ploughing and sowing two, harrowing one, (foeniseca) might nowhere encounter any obstacle.
hoeing one, weeding one, reaping one. (Varr. i. 32; The vetches were not cut until they had arrived at
Virg. Ecl. iii. 100; Colum. ii. 10.. 34, 11. ~ 11, maturity and begun to drop their seed; and after
12. ~ 3, 13. ~ 1, vi. 3, xi. 2; Pallad. ii. 8; they had been removed, the grass, when it had atPlin. H. N. xliii. 15; Theophr. H. P. ix. 22; tained to a proper height, was mown and made
Dioscorid. ii. 131; comp Plant. MfosTell. i. 1.)    into hay.  Then the irrigation commenced, pro-.: Ffarrago, Ocyzuma.  On comparing the various  vided the soil was stiff, for in loose earth it was
authorities quoted at the end of this paragraphll, al- necessary to allow the grass roots to obtain a firm
though they abound in contradictions, we shall be  hold.  For the first year no stock were permitted
led to conclude -                                to graze lest their feet should poach up the soft
1. That f.rrago was the general term employed  ground, but the young blades were cut from time
to denote any kind of corn cut green for fodder. to time. In the second year, after the hay-making
The name was derived from fiar, the refuse of that was over, if the ground was moderately dry and
grain being originally sown for this purpose (fIr- hard, the smaller animals were admitted, but no




60            AGRICULTURA.                                       AGRICULT [URA.
horses or oxen until the third.  About the middle
of February in each year, an abundant top-dressing          Succession or Rotation of Crops.
of manure mixed with grass-seeds was applied to    It is evident from  the instructions given by
the upper part of the field, the benefit of which  Columella (ii. 4) for ploughing the best land, that
was extended to the lower portions by the flow  a summer fallow usually preceded a corn crop. For
either of natural rain or of artificial streams. since the first ploughing was early in spring, the
WVhen old meadows became mossy, the best re- second in summer, and the third in autumn, it is
mnedy was to sprinkle ashes copiously, which in  impossible that a crop could have been raised upon
many cases killed the moss; but when this failed, the ground during any portion of the period here
the most sure plan was to break up the land afresh, indicated; and the same author expressly states
which, having lain long undisturbed, was sure to  elsewhere (ii. 9), in accordance with the Virgilian
afford abundant crops.                             precept (G. i. 71), that the land upon which wheat
In making hay, the grass was to be cut (falc7 -  (for, siligo) was grown ought to repose every other
bus subseccari) before the stens had begun to lose  year; in which case, however, manure might be
its natural moisture, while the seed was not yet dispensed with.  Nor did this plan apply to corn
perfectly ripe; and in drying, it was essential to  alone, for it would seem to have been the general
avoid the two extremes of exposing it for too long  practice to permit nearly one half of the farm to
or too short a time to the sun and air.  In the  remain at rest, while the productive energies of the
former case, the juices were sucked out, and it other moiety were called into action.  It will be
became little better than straw; in the latter, it seen from the calculations with regard to time and
was liable to ferment, heat, and take fire.  After labour for an arable farm  containing 200 jugers
being properly turned over with forks (furcillis  (Colum. ii. 12), that 100 jugers only were sown
sersari) it was collected and laid in regular swathes  in autumn, 50 with wheat, 50 with leguminous or
(coartabimnus in strigain), and then bound into  green crops; and if spring-sowing was resorted to,
sheaves or bundles (atque ita e7aniplos vinciemzus). which was by no means general, 30 more, so that
The loose stalks were next raked together (rustellis  out of 200 jugers, at least 70, and more frequently
eradi) and the whole crop (Jbenisicia) carried home  100, were left fallowed.
and  stored in lofts, or, if this was not conve-    There were, indeed, exceptions to this system.
nient, built up in the field into conical ricks (isn  Some land was so peculiarly deep and rich that it
metas extrui conveniet).  Lastly, the inequalities  might be cropped for two or more years in succespassed over by the mowers (quae foeniseces prae-  sion (terra restibilis); but in this case it was reteriearunt) were cut close and smooth (sicilienda  lieved by varying the crop, the field from which
prata, id est, falcibus consectanda), an operation  winter wheat (/ar) had been reaped being highly
termed sicilire pramurn, the gleanings thus obtained, manured and sown immediately with beans, or the
which formed a sort of aftermath, being called  ground which had borne lupines, beans, vetches,
Ibenusl cordurn, or sicilinmenta.  (Cat. 5, 8, 9, 29, or any renovating crop, was allowed to lie fallow
50; Varr. i. 7, 49; Colum. ii. 16-18; Pallad.  during winter and then sown with spring-wheat
ii. 2, iii. 1, iv. 2, x. 10.)                      (fir) (Virg. Georg. i. 73; comp. Plin. H. hr.
rics   xviii. 21), while a third rotation, still more favour-. Crops    ring   ateialsfor  teile  able, was to take two leguminous or renovating
Of these, the most important were, a. Cannabis: crops after one exhausting or corn  crop.  In Camb. Linum.                                          pania, the extraordinary fertility of the soil ala. Cannalis (tcdvvars, cKYvaeor) the Cannabis  lowed them to tax its energies much more severely,
sativa, or Common Hemp of botanists, required  for there it was common to sow barley, millet,
rich, moist, well-watered, deeply trenched, and  turnips (rapa), and then barley or wheat again, the
highly manured land.  Six grains were sown in  land receiving manure before the millet and turnips,
every square foot of ground during the last week  but never remaining vacant; while that peculiarly
in February, but the operation might be delayed  favoured district near Naples, called the Canilsi
for a fortnight if the weather was rainy.  Colu- Laborini, or Terrae Laboriae, now the Terra di
mella is unable to give any details with regard to the  Lavoro, yielded an uninterrupted series of corn
amount of time and labour necessary for raising a  crops, two of far, and one of millet, without a
crop of hemp.  (Varr. i. 23; Colum. ii. 10, 12, moment of repose (seritur toto anno, panico sezel,
21; Plin. H. N. xix. 9; Dioscorid. iii. 165.)      bisfarre).  (Cat. 35; Varr. i. 44; Virg. Georg. i.
b. Linunt (AtMoy), the Linzunz usitatissimUnm, or 71, &c.; Colum. ii. 9, 10, 12; Plin. H. N. xviii.
Common Flax of botanists, being regarded as a  21, 23.)
very exhausting crop, was altogether avoided, un-    It will be proper, before bringing this part of
less the soil happened to be peculiarly suitable, or the subject to a close, to explain a word which
the price which it bore in the district very in- may occasion embarrassment in consequence of its
viting (nisi pretium provitat).  It was sown from  signification being variously modified by the Roman
the beginning of October until the end of the first agricultural writers.  This is the adjective novalis,
week in December, in the proportion of eight modii which frequently appears as a substantive, and in
to the juger, and sometimes in February at the rate  all the three genders, according as ager, terra, or
of ten modii.  On account of its scourging qualities  solum is understood.
(Virg. Georg. i. 77), it was generally grown upon    1. The original meaning of novalis or novale,
rich land, such being less liable to be seriously in- looking to its etymology, must have been, land
jured, but some sowed it very thick upon poor newly reclaimed from  a state of nature; and in
land, in order that the stalks might be as thin, and  this sense it is used by Pliny (H. N. xvii. 5),
therefore the fibres as delicate as possible.  (Virg. Talis (sc. odor) fere est in novalibus caesa vetere
Georg. i. 212; Colum. ii. 10, 14; Plin. H. N. sylva.  (Comp. Callistr. in Pand. xlvii. 21. 3.)
xvii. 9, xix. 1; Pallad. xi. 2; Geopon. ii. 10;    2. Varro, in his treatise De Lingua Latina  (v.
Dioscorid. ii. 125; Theophr. I. ln. viii. 7.)      39; comp. vl. 59, ed. Miiller), places novalis agar.




AGRICULTURA.                                      AGRICULTURA.                  61
land which is allowed occasionally to repose, in  feeding of stock (in pecore pascendo), while the
opposition to restibilis ager, land which is cropped  ninth, of a more general character, relates to nullm
unceasingly, - Ager restibilis qui restituitur ac re- ber (de numero).
seritur quotquot annis; contra qui interinittitur a    The four circumstances which demand attention
novando novalis, - and hence Pliny (H. N. xviii. in purchasing stock are, a. The age of the animal
19), Novale est quod alternis annis seritur.     (aetas). b. His points (cognitio formae) by which
3. Varro, in his Treatise De Re Rustica (i. 29), we determine whether he is good of his kind.
defines Seqes to mean a field which has been  c. His breeding (quo sit seminio), by which we deploughed and sown; arvusn, a field ploughed but termine whether he is of a good kind. d. The
not yet sown; novalis ubi saturn fuit antequacn se- legal forms (dejure in parando) essential to render
cunda arbtione renovetur, ambiguous words which  a sale valid, and the warranty which the buyer
may be interpreted to denote a field which has may demand  (quemnadmodum  quanzque pecudems
borne a crop, but which has not been ploughed for emi oporteat civili jure).
a second crop; in which case it will be equivalent    The four circumstances to be considered after a
to afdllow field.                                breeding stock has been acquired are, e. The mode
4. Columella, in one passage (vi. praef. ~ 1), of feeding (pastio) in answer to the questions
employs novale solumn for new or virgin land un- where, lwhen, and willt what (in qua regione, et
touched by the plough; for in contrasting the  quando et queis).  f  The impregnation of the
tastes of the agriculturist and the grazier, he re- female, the period of gestation, and her treatment
marks that the former delights quam meaxime sub- while pregnant, all of which are embodied in the
acto et puro solo, the latter novali gramninosoque; word fbetura. g. The rearing of the young (nsuand Varro (ii. praef. ~ 4) in like manner places no- tricatus). Ih. The preservation of their health, and
valis as pasture land, in opposition to seyes, as corn  treatment when diseased (de sanitate).
land, - bos clomitus causa fit ut coscnodius nascatur    i. The ninth and last inquiry (de numero) refrumentumn in segete et pabulum in novali.       lates to the number of flocks and herds which can
5. Columella, in another passage, places culta  be maintained with advantage in a given space,
novalia, land under tillage in a general sense, in  the number of individuals which it is expedient to
opposition to rudis ager, land in a state of nature; combine into one flock or herd, and the proportions
and thus we must understand the haec tacn culta  to be observed with regard to the sex and age of
novalia in Virgil's first Eclogue (v. 71), and tonsas the members of each flock and herd.
novales, the cultivated fields from which a crop has    In following the divisions and topics indicated
been reaped, -a phrase which forms the connecting  above, we omit the discussions on the diseases of
link between this meaning and that noticed above  stock and their remedies, which abound in the
under 3.  (Comp. Pallad. i. 6, ii. 10.)          agricultural writers, and which form the subject of
an elaborate treatise (Mulo-nzedicina s. De Arte
13. PASTIO.                     Veterinaria), bearing the name of Veyetius, which
The second great department of our subject is  is probably a translation or compilation from the
Pastio, s. Res Pastoricia, s. Scientia Pastoaclis,  works of the Greek sr7riarpol, or veterinary surthese terms being all alike understood to denote  geons, executed at a late period.
the art of providing and feeding stock so as to               I. MINORES PECUDES.
yield the most ample profit.
But Pastio must be considered under the two-    1. Sheep (pecus ovillum s. oviarium) were difold forms of                                    vided into two classes with reference to their
a. Pastio Agrestis s. Res Pecuaria, and        wool.
3. Pastio Villatica.                             (1.) Pecus hirtumn, whose fleeces were not proThe former comprehending the management of tected artificially.
cattle, sheep, horses, &c.; the latter of poultry,    (2.) Pecus Tarentinum s. Pecus Graecum s. Ores
game, fish, bees, and some other anlimals to be pellitae s. Oves tectae, whose fleeces were protected
noticed hereafter.                               from  all external injury by skin jackets.  Their
a. PASTIO AGRESTIS S. RES PECUARIA.         wool being thus rendered finer, and being more
easily scoured and dyed, brought a higher price
Contains three heads:                          thanr any other.
I. Minores Pecudes, including, 1. Sheep; 2.    Sheep were likewise divided into two classes
Goats; 3. Swine.                                 according as they were home-fed or reared in
II. Majores Pecudes, including, 1. Kine; 2. extensive and distant pastures; we first consider
Horses; 3. Asses; 4. Mules.  Varro indeed, for them under this point of view.
no reason apparently except to preserve a sort of    Home-fed sheep (greyes villatici) were allowed
numerical symmetry, places mules in the third  to pasture in the fields around the farm  during a
division, but as they evidently belong to the same  portion of the year, wherever the nature of the
class as horses and asses, we have to this extent country and the system  of cultivation pursued
departed from his arrangement.                   rendered this practicable, or, more frequently,
III. Animals provided not for the profit which  were kept constantly confined in sheds (stcaulathey yield directly in the market, but necessary  septa - oiilia), built in warm and sheltered situafor the proper maintenance of the foregoing: these  tions, wihh hard floors sloping outwards to prevent
are -                                            the accumulation of moisture, which was regarded
1. Dogs (canes); 2. Feeders (pastores).      as particularly injurious to both the feet and the
Again, in each of these nine subdivisions (with  fleece.  They were fed upon  cytisus, lucerne,
the exception of mules who do not breed) atten- barley, and leguminous seeds, or when such rich
tion must be directed to nine different circuril- and succulent food could not be obtained, on hay,
stances, of which four are to be considered in the  bran, chaff, grape husks, and dry leaves, espepurchase of stock (in pecore paranedo)j four in the  cially those of the elm, oak, and fig, being at all




62           AGRICULTURA.                                    AGRICULTURA.
times plentifully supplied with salt.  They were  been transmitted to his progeny. (Virg. Geoly. iii
littered with leaves and twigs, which were fre-  387; Colum. vii. 3.)
quently changed, and the pens were kept care-    Ewes were not considered fit for breeding until
fully clean.                                     they were two years old, and they continued to
The more numerous flocks which were reared in  produce until they had reached the age of seven:
extensive pastures (qui in saltibuspascuntuzr) usually  rams (arietes) were believed to be in vigour from
passed the winter in the low plains upon the coast, three years old until eight.  The most favourable
and were driven by regular drift roads (calles  period for impregnation in the case of ewes that
publicae) in summer to the mountains of Central had not previously brought forth, was the latter
Italy, just as in modern timnes vast droves pass  end of April, about the Palilia (21st April); for
every autumn from the Abruzzi to seek the more  others, from the setting of Arcturus (13th May) to
genial climate of Puglia or the Maremma.  Those  the setting of the Eagle (23d July); and, since the
who were employed to watch them  (opiliones)  period of gestation was about 150 days, the earliest
being often at a great distance from home were  lambs (acgni, agnae) would be yeaned in Septemfurnished with beasts of burden for transporting  ber, the latest about the middle of December, these
the materials required in the construction of folds  being, as was remarked  by Celsus, the only
and huts, at their halting places, and all the stores  animals produced with advantage in midwinter.
necessary for themselves and their charge.  The  Ewes when about to lamb (incientes) were placed
sheep were usually collected every night to secure  apart, constantly watched, and assisted in parturithem against robbers and beasts of prey; in sum- tion. As soon as they had brought forth, the first
mer they fed in the morning and evening, and re- milk which was of a thick consistence, and called
posed during the noontide heat in sheltered spots, colostra, was carefully withdrawn, being considered
while in winter they were not allowed to go out injurious in all animals, and productive of a disease
until the frost was off the ground.  The flocks  named colostratio.  The lambs were now tended
were often very numerous, containing sometimes  with the greatest solicitude, were generally kept
15,000 head, one shepherd (opilio) being allowed  in the house near a fire for some days, were not
to every five or six score.                      alloWed to go forth to pasture for a considerable
The breeds most prized by the early Romans  time, but were partially reared by the hand on
were the Calabrian, the Apulian, which were short the most tender and nourishing food, being finally
woolled (breves villo), the Milesian, and, above all, weaned at the age of four months.  Those lambs
the Tarentine; but in the time of Columella those  which were carried in the womb longer than the
of Cisalpine Gaul from the vicinity of Altinum  regular time were termed chordi; those born late
(Mart. xiv. 153), and those from the Campi Macri. in the season, serotini; those which, in consequence
round Parma and  Mutina were especially es- of their mothers being unable to supply milk, were
teemed.. The system of crossing was by no means  suckled by others, szubrmni. Castration was not perunknown; for M. Columella, the uncle of the  formed upon such as were intended for wethers
author, produced an excellent variety by crossing  (verveces) until five months old.  The males set
the tectae oyes of Cadiz with some wild rams from  apart to supply the deficiencies in the breeding
Africa, and again crossing their progeny with the  flock (quos arzetes submitftere volnt) were selected
Tarentines.  In purchasing stock attention was  from  the progeny of such ewes as usually gave
always paid to the localities where they were to  birth to twins, those which were polled (muztili)
be maintained; thus sheep of large size (procerae  being preferred on the whole to those with horns
oeves) were naturally deemed best fitted for rich  (cornuti).
plains, stout compact animals (queads atae) for light    The management of ovespellitae differed from that
hilly soils, and the smaller kinds (exigcuae) for of the ordinary greyes villatici merely in the amount
mountainous regions, just as in this country the  of care with which they were tended.  They were
Leicesters are kept with greatest advantage in the  furnished with an ample supply of the most mllow-lying  luxuriant pastures of  Lincolnshire,  tritious food, each individual receiving daily in
Cheviots in the grass hills from which they derive  winter three sextarii (pints) of barley or of beans
their name, and the black-faced on the lofty moun-  crushed in their pods (firesae cizm suzis vcalulis
tains of Wales and Scotland.  As to colour, pure fabae), in addition to hay, lucerne, dry or green
white was most sought after; but certain natural cytisus, and other fodder.   Their stalls were
tints, such as the dark grey (pullus), which distin- usually paved with stone, and kept scrupulously
guished the flocks of Pollentia in Liguria (fuiscique  clean; they seldom left the house, and, when al-,firax Pollentia   villi, Silius, viii. 599), the yel  lowed to pasture, it was looked upon as essential
lowish brown (fuscus) in those of Corduba (so  that the ground should be free from bushes and
often celebrated by Martial. v. 37, viii. 2. 8, ix. briars of every description which might tear their
62, xiv. 188; comp. Juv. xii. 40), and the red  fleece or its covering. The jackets were frequently
brown (ruber) in some of the Asiatic varieties, taken off to cool the animals, the wool was combed
were highly prized.                              out at least thrice a year, and well washed and
The points characteristic of a good animal and  annointed with oil and wine.  The wethers were
the warranty usually required of the seller will be  killed at two years old, their skin being then in
found fully detailed in Varro (ii. 2) and Columella  perfection.
(vii. 2, 3).                                       Sheep-shearing (tonsura) commenced in warnm
Those which were smooth and bare under the  districts in April; but in cold situations was debelly (ventre glabro), anciently called apicae, were  ferred until the solstice.  A fine day was chosen,
always rejected, and particular care was taken that and the operation was performed before the sun had
the fleece of the ram should be perfectly pure, or attained to its full power, in order that the sheep
at least uniform in colour, his tongue also being  might not be hot and the wool not moist. The most
examined in order to ascertain that it was not careful placed a rug under the animal (teticzlis
black or spotted, since such defects would have  svljctis oves tloedere seklt) that no portion of the clip




AGRICULTURA.                                       AGRICULTURA.                    63
might be lost or damaged (ne qui floccZ inlereant).  end of three months, and then transferred at once
The wool, when fresh shorn and still impregnated  to the flock (szbnilttuntur et in grege incipiunt esse).
with the sweat of the animal, was called lana    The hair (pili) of goats was shorn or plucked
succida; the fleeces when rolled up were termed  (capras vellere is the technical phrase) out reguvelle?'a, or veluminn.  Oves hirtae, when shorn, larly, and used in the manufacture of coarse stuffs
were immediately smeared with wine and oil, to  (usum in castrorum et miseris velamina nautis,which white wax and hog's lard were occasion- pilos ministrant ad usum nauticumn et ad bellica torally added; while the jackets of the oves pel- menta).  The cloths woven from  this material
litae were anointed with the same mixture, and  were  termed Cilicia, because the goats in the
then replaced on the animals.  Instead of this, southern and central provinces of Asia Minor, like
some rubbed in a wash composed of equal parts of the modern Angora species, were remarkable for
boiled lupine juice, lees of old wine, and amurca.  the length of their hair.  (In  Cilicia circaque
Any wound inflicted during the process was dressed  Syrtes villo tonsili vestiuntur, are the words of
with tar (pix liquida).  On the fourth day they  Pliny, who here alludes to the goats from  the
were bathed, if possible, in the sea; if not, in rain-  Cinyps in Libya, the " Cinyphii hirci " of Virgil.)
water mixed with salt.  In Spain and some other  (Colum. i. Praef. ~ 26, vii. 6; Plin. H. N. viii.
places it was customary to shear the sheep twice a  50; Pallad. xii. 13; Varr. ii. 3, ii. 1. ~ 5. 28.)
year, under the belief that the additional labour    3. Swine (pecus suillum) were divided into two
was more than compensated by the increased quan-  classes, the sues densac, usually black in colour,
tity of wool.  The ancient practice of plucking the  thickly covered with bristles; and the sues glabrae,
wool instead of shearing it, still lingered in certain  generally white, and comparatively smooth; but
districts even when Pliny wrote. (Varr. ii. 1. ~ 5, there seems to have been little difference in the
16, 20, ii. 2; Colum. i. Praef. ~ 26, vii. 2, 3, 4, management of the two breeds, except that the
xi. 2. ~ 14; Plin. H. N. viii. 47, 48; Pallad. ii. former was the more hardy.
6, v. 7, vi. 8, vii. 6, viii. 4, xii. 13.)          The points characteristic of a good animal, and
2. Goats (pecus caprinsum) were divided into  the warranty usually required by the purchaser,
two classes, the genus mutilum et raripilum, the  will be found in Varro (ii. 4), Columella (vii. 9),
polled and thin haired, and the genus corndutZm  and Palladius (iii. 26).
et setosiMn, the horned and shaggy; but there does    During a great portion of the year, wherever it
not appear to have been any difference in the mode  was practicable, they were driven out to feed early
of rearing them, nor indeed do they seem to have  in the morning in woods where acorns, beechbeen kept distinct; but it was considered advis- mast, wild fruits, and berries abounded; and in
able that the old he-goat, the dun gregis, should  the middle of the day they reposed, if possible, in
be zmutilus, because he was then less troublesome  swampy ground, where they had not only water
and pugnacious.                                    but mud also wherein to wallow; in the cool of
The points characteristic of a good animal will the evening they fed again, were taught to assemble
be found enumerated in Varro (ii. 3, ~ 2 —5) and  when the swineherd (subulcus) sounded his horn,
in Columella (vii. 6).  The most high bred had  and were then driven home to the farm.  In winter
always two long flaps of skin (verrluclae, laciniae)  they were not allowed to go forth when frost was
depending from the throat.  One peculiarity con- hard upon the ground.  When kept in the house,
nected with sales was that they were never war- their chief food was acorns, or when the supply of
ranted in good health, for they were believed to  these failed, beans, barley, and other kinds of grain
be always more or less labouring under fever.      and pulse.  The number in each herd varied from
The management of goats was in most respects  100 to 150, or even more, according to circumthe same as that of sheep, except that, although  stances and the means of the proprietor, and the
intolerant of frost and cold, they throve better in  proportion of one boar to ten sows was usually
mountainous craggy ground or among copsewood, observed.
where they broused with great eagerness on the    The sows were not considered fit for breeding
young twigs, than in open grassy plains.  Both  until upwards of a year old, and continued prolific
from their wandering nature and their liability to  to the age of seven; boars (verres) were in full
contract disease when crowded in pens, not more  vigour from  one year old till four; the best time
than fifty were kept together in a flock under the  for impregnation was from the middle of February
charge of the same goatherd (caprarius), the pro- up to the vernal equinox, the period of gestation
portion of one male (caper, hircus) to about fifteen  was four months, and the pigs being weaned at the
females (caprae, calpellae) being commonly ob-  end of two, a double farrow might be procured in
served.                                            a year.
When in stalls (caprilia), the sloping floor was    Each breeding sow (scrofca) brought up her pigs
usually formed out of the native rock or paved  (porcus, porca, porcellus) in a separate stye (hara),
with smooth stones, for no litter was placed be-  constructed in such a manner that the superintendneath their feet.  The houses were swept out ant (custos, porculator) might easily see into the
daily: and it was deemed essential to their health  interior and thus be prepared to relieve the progeny,
that no moisture or dirt of any kind should be al- which were in constant danger of being crushed by
lowed to accumulate.  The she-goat was capable  the weight of the mother who was supposed to
of breeding from one year old until eight; but the  bring forth as many young as she had teats, and
progeny of a mother under three years old were  was capable of suckling eight at first, but when
not worth keeping permanently, but sold off. The  they increased in size it was deemed advisable to
best time for impregnation was the end of autumn; withdraw one half of that number.  Sucking pigs
for the period of gestation being five months, the  (lactentes) when ten days old were accounted pure
kids (hoedi) were thus born in spring. If the dam  for sacrifice, and hence were anciently termed sacres;
vtwas of a good stock, she generally produced two or after the suckling time (nutricatus, porculatio), which
even three at a birth, which w-ere weaned at the  lasted two months, was over, they were denomi



64            AGRICULTURA.                                     AGRICU LTURA.
nated delici, and sometimes nefrendes, because not portant pastoral district of the Roman world, were
yet able to crunch hard food.  The males not re- superior to all others.
served for breeding were castrated when from six    The points characteristic of a good animal, and
to twelve months old, and were then termed  the warranty usually demanded by the buyer, wiil
srejules.  (Varr. ii. 4; Colum. vii. 9, Praef. i. be found fully detailed in Varro (ii. 5), il Colu~ 26; Plin. H. N. viii. 51; Pallad. iv. 26.)     mella, who here copies the description of the Carthaginian Mago (vi. 1, 20, 21), and in Palladius
II. MAJORES PECUDES.
(iv. 11, 12).
1. Kine (pecus bubzulum, armentum  bubulun)    Cows (vaccae) were not fit for breeding until
were divided into classes, according as they were  they were upwards of two years old, and they conkept at home and employed in the labours of the  tinned to produce until they had reached the age
farm  (boves domiti), or pastured in large herds  of ten. Considerable variation is to be found in
(armnenta).                                      the agricultural writers as to the age at which the
Bores domiti, wherever the nature of the soil bulls arrived at full vigour, Varro  considering
and the mode of culture pursued permitted, were  that they might be employed when a year old,
allowed to pasture; since growing grass (viride  Columella and  Pliny recommending that they
pabulum) was'considered the most suitable of all should be kept until four.  The former, however,
food; when this could not be supplied, it became  is the precept of the practical man, and is connecessary to stall-feed them  (alere ad praesepia); sonant with modem experience.  The time of gesbut they were allowed to stand in the open air tation being nearly ten (lunar) months, the most
during the hot weather, while in winter they were  favourable period for impregnation was from the
kept in spacious byres (stabula, consepta) built with  middle of June to the end of July, for thus the
a southerly aspect so as to be sheltered from cold  calves (vituli) would be born when spring was
winds, the floors being hard and sloping to prevent well advanced (maturo vere).  When parturition
moisture from being absorbed, and to allow it to  was approaching, the pregnant cow (loerdac yuccca)
run off freely, while to promote the warmth and  was carefully watched, fed richly, and protected
comfort of the animals they were bedded with  from' the assaults of the gad-fly and other torabundance of litter (stramentum pecori et bubus menting assailants; the calf for some time after its
dildgenter substernatur, Cat. 5.), usually straw, or birth was allowed to suck freely, but as it inleaves, such as those of the ilex, which were sup- creased in strength was tempted with green food,
posed to yield little nourishment.  Their staple  in order that it might in some degree relieve the
food from the middle of April until the middle of mother, and after six months had elapsed, was fed
June was vetches, lucerne, clover, and other fodder regularly with wheat bran, barley meal, or tender
cut green; from the middle of June to the begin- grass, and gradually weaned entirely.  Castration
ning of November the leaves of trees, those of the  was performed at the age of two years.  The vielm, the oak, and the poplar being regarded as the  tuli intended for labour were to be handled (trucbest; from the beginning of November until April tari) from  an early age to render them tamre, but
meadow hay (foes2um pratense), and, where hay  were not to be broken in to work (domari) before
could not be procured, chaff, grape husks, acorns, their third, nor later than their fifth year.  The
and dry leaves were substituted mixed with barley, method of breaking (domuitura) those taken wild
or with some of the leguminous seeds, such as  from  the herd is fully described by Colunlella
beans, lupines, or chick-peas previously steeped in  (vi. 2), and Palladius fixes the end of March as the
water (maceratae), or crushed (fresae). When an  time most appropriate for commencing the operaox was fed upon hay, from 30 to 40 pounds weight tion.  The members of a herd, according to age
(Roman pound = 11  oz. avoird.) was an ample  and sex, were termed, Vituzlus, Vitula; Juvencus,
allowance, except during the months of November Juvenca; Bos novellus, Buculus; Bos vetulus,
and December, that is, during the ploughing and  Taurus, Vacca; a barren cow was named TasZra.
sowing season, when they received from the feeder (Cat. 5, 30; Varr. ii. 1, 5; Colum. vi. 1-3, 20(pabulatorius) as much food of the most nutritious  24; Plin. H. N. viii. 45; Pallad. iv. 11, 12, vi. 7,
kind as they could consume.  Lumps of salt placed  viii. 4.)
near the consepta proved very attractive to the    2. Horses (peczss equin2um s. equitiusm, armentum
animals and conduced to their health.            equinzum) are divided by Columella into Generosi,
Large herds were pastured chiefly in woods  blood horses; Mulares, horses adapted for breedilng
where there was abundance of grass, leaves, and  mules; Vglyares, ordinary horses.
tender twigs, shifting to the coast in winter and to    The points of a horse, the method of ascertaining
the cool shady hills in summer, under the charge of his age up to seven years old, and the warranty
herdsmen (armentarii), a class altogether distinct usually given by the seller, are detailed in Varro
from the bzubulci, or hinds, who worked and tended  (ii. 7. ~ 4, 5, 6 ) in Columella (vi. 29), and in
the baves domestici.  The common number in a herd  Paliadius (iv. 13).
was from 100 to 120, the animals were carefully    Horses either pastured in grass fields or were fed
inspected every year, and the least promising (reji- in the stable upon dry hay (ins stabulis ac pruaese-,.culae) weeded out. The proportion of two bulls, a pibus), to which barley was added when the aniyearling and a two-year old, to 60 or 70 cows was  mal was required to undergo any extraordinary
usually observed, but Columella doubles the num-  fatigue.  Brood mares were frequently kept ill
ber of males.  The Umbrian oxen, especially those  large troops which shifted, like sheep and oxen,
on the Clitumnus, were the largest and finest in  from the mountains to the coast, according to the
Italy; those of Etruria, Latium, and Gaul were  season; two mounted men being attached to each
smaller, but strongly made and well adapted for herd of fifty.  The mare (equa) was considered fit
labour; those of Thrace were valued for sacrificial for breeding at two years old, and continued propurposes in consequence of being for the most part lific up to the age of ten; the stallion (acinissasiuv.:)
pure white; but the cattle of Epirus, the most im- remained in vigour from  three years old until




AGRICULT URA.                                       AGRICULTURA.                  65
twenty, but when young was limited to twelve or    4. Mules. Mulus and Mida. were the general
fifteen females.  The period of gestation being  terms for the hybrid between a horse and an ass,
twelve lunar months and ten days, the best time for but in practice a distinction was drawn between
impregnation was from  the vernal equinox to the  lIsuli and Hinni.  Hinni were the progeny of a
summer solstice, since parturition would then take  stallion and a she-ass, Muli of a male ass and a
place during the most favourable season.  High  mare.  The latter were larger in proportion, and
bred mares were not allowed to produce more than  more esteemed than the former.  A cross someonce in two years.  Ten days after birth the foal times was formed between the mare and the onager
(pullus equinus, equzleus) was permitted to accom- as a matter of curiosity.
pany its dam to pasture; at the age of five months,    Uncommon care was taken by breeders of mules
it was customary to begin feeding them with barley-  in the selection of the parents.  A  strong largemeal and bran, and when a year old, with plain  boned mare, powerful rather than swift, was usuunground barley; but the best colts were allowed  ally chosen.  The male asses at their birth were
to continue sucking until they had completed two  removed from  their mother, suckled by mares,
years, and at three years they were broken in for reared upon the most nourishing food (hay and
the toil to which they were destined, whether for barley), and attained to full vigour when three
racing (ad cursuram), for draught (ad rliedam), years old. A  good admissarius from Arcadia or
for carrying burthens (ad vecturam), or for military  Reate was worth from thirty to forty thousand sesservice (ad ephippium), but they were not regularly  terces (2501. to 3301. sterling).  The period of
worked until four off.                             gestation was observed to be a little longer than
Race and war horses were not castrated; but the  ini the case of the pure horse or ass, extending to
operation was frequently performed on those des- thirteen lunar months; in all other respects their
tined for the road, from  the conviction that the  management, habits, and mode of sale were the
gelding (canterius), while less bold and spirited was  same.
more safe and tractable (in viis habere malunt    The great use of mules was in drawing travelling
placidos).                                         carriages (hisce eninm  bi is conjinctis  omnia veIt is to be observed that horses were, and in-  ticulca in viis ducuntur); they were also employed,
deed are, very little used for agricultural purposes  like asses, in carrying burdens upon pack saddles
in Italy and Southern Europe, the ordinary toils  (clitellae), and in ploughing light land.  The finer
being carried on almost exclusively by oxen, and  kinds, when kept in herds, were driven in summer
hence they never were by any means objects of from the rich plains of Rosea on the Velinus to the
such general interest to the farmer as among our-  Montes Gurgures. (Varr. ii. 1. ~ 16, ii. 8; Colunm.
selves.                                            vi. 36, 37, Plin. H. N. viii. 44; Pallad. iv. 14.)
We may remark that Varro, Columella, and
many other writers, repeat the absurd story em
bellished by the poetry of Virgil, that mares in    1. Dogs (canes) were divided into three classes:
some districts of Spain became pregnant by the  a. Calnes fillatzci; watch-dogs, whose office was to
influence of a particular wind, adding that the colts guard farm-houses against the aggressions of thieves.
conceived in this manner did not live beyond the    b. Canes Pastorales s. Canes Pecztarii, to protect
age of three years.  (Varr. i. Praef. ~ 26, ii. 1. the flocks and herds from robbers and wild beasts.
~ 18, 7. ~ 7; Colum. vi. 27, 29; PIi. H. N. viii.  Each opilio was generally attended by two of
42; Pallad. iv. 13.)                               these; equipped with spiked collars (mellun), to
3. Asses (asinus, asina) were divided into two  serve as a defence in their encounters with wolves
classes, the Genis manszstetin, or common domestic  and other adversaries.
quadruped (asines, aselhbs), and the Genus ferzmn,    c. Canes Venatici.  Sporting dogs.
the wild ass (onager, onagrus), which was common    Varro and Columella describe  minutely  the
in Phrygia and Lycaoniaj was easily tamed and  points of the first two classes, with which alone the
made an excellent cross.                           former was concerned, and these seem to be idenThe most celebrated breeds were those of Ar-  tical with the animals employed for the same purcadia and of Reate.  The latter was so highly es- pose at the present day in the Abruzzi.  They
teemed in the time of Varro, that a single indi-  were fed upon barley meal and whey, or in places
vidual of this stock had been known to fetch sixty  where no cheese was made, on wheaten bread
thousand sesterces (about 5001. sterling), and a  moistened with the warm liquor in which beans
team  of four, as much as four hundred thousand  had been boiled.  (Varr. ii. 9; Colum. vii. 12.)
(upwards of 33001. sterling).  Such animals were    2. Feeders (pastores).
of course delicately nurtured, being fed chiefly upon    The flocks anid herds which fed in the immefar and barley bran (fitsfires ordeacei). The infe-  diate neighbourhood of the farms were usually
rior description of asses (minor asellus) were valued  tended by old men, boys, or even women;' but
by farmers because they were very hardy, not those which were driven to distant and mounsubject to disease, capable of enduring much toil, tainous pastures were placed under the care of
required little food and that of the coarsest kind, persons in the vigour of life, who always went well
suych as the leaves and twigs of thorny shrubs, and  armed and were accompanied by beasts of burden
might be made serviceable in various ways, as in  (jtmnzenta dossuaria), carrying all the apparatus and
carrying burdens (aselli dossuarti), turning corn  stores required during a protracted absence; the
mills and even in ploughing, where the soil was  whole body of men and animals being under the
not stiff.  The time of impregnation, the period of command of an experienced and trustworthy ingestation, and the management of the foals (pulli), dividual, styled Mcgister Pecoris, who kept all
were the same as in horses.  They.were seldom  the accounts and possessed a competent knowledge
kept in sufficient numbers to form a herd. (Varr. ii. of the veterinary art.
1. ~ 14, ii. 6.; Colum. vii. 1; Plin. H. N. viii. 43;    We may conclude this part of the subject with
Pallad. iv. 14.)                                  a few words upon the marrnagement of dairy proF




66           AGRICULTURA.                                     AGRICULTURA.
duce, which was treated as a distinct science  door fowls or chickens (gallizae). 2. Guinea fowls
(Tvpo7roeda)  by the Greeks, who wrote many  (gallinae Numidicae s. Africanae). 3. Pheasants
treatises upon the topic.                        (phasiani).  4. Peacocks (pavones).  5. Geese
Cheese-making commenced in May, and the  (anseres).  6. Ducks (anates). 7. Teal (?) (quermethod followed by the Romans was substantially  quedulae).
the same as that now practised.  The milk un-    b. Columbarium, the dove-cote.
skimmed was used as fresh as possible, was slightly    c. The Ornithon proper, the inmates of which
warmed, the rennet (coagulum) was then added; as were chiefly, 1. Thrushes and blackbirds (turdi,
soon as the curd formed, it was transferred to baskets  merulae), especially the former. 2. Quails (cotur(fiscellae, calathi) or wooden chesets (formae) nices). 3. Turtledoves (turtUres). 4. Ortolans (?)
perforated with holes, in order that the whey  (miliariae), all of which are in Italy birds of pas(serum) might drain off quickly, and was pressed  sage arriving in great flocks at particular seasons.
down by weights to hasten the process.  The mass    II. In like manner the term  Vivaria, which
was then taken out of the frame, sprinkled with  may be employed to denote all places contrived
salt, and placed upon a wicker crate or wooden  for the reception of animals used for food or which
board in a cool dark place; when partially dried, supplied articles of food and did not fall under the
it was again pressed more powerfully than before, denomination of pecudes or aves, must be separated
again salted and again shelved,-operations which  into those designed for the reception of land aniwere repeated for several days until it had required  mals, and those for fishes.
a proper consistency.  It might be flavoured with    a. Leporaria, Apiaria, Coclearia, Gliraria, and
thyme, with pine cones, or any other ingredient, P3. Piscinae.
by mixing the condiments with the warm milk.       a. Leporaria.  The animals kept in leporaI The rennet or coagulum was usually obtained  ria were chiefly, 1. Hares and rabbits (Iepores).
from the stomach of the hare, kid, or lamb (coagu-  2. Various species of deer (cervi, capreae, oryges).
lum leporinum, hoedinum, aqninum), the two former 3. Wild boars (apri), and under the same catebeing preferred to the third, while some persons  gory rank, 4. Bees (apes). 5. Snails (cocldeae).
employed for the same purpose the milky juice  6. Dormice (glires).
expressed from  a fig-tree branch, vinegar, and a    fA Piscinae or fish-ponds, divided intovariety of other substances.                       1. Piscinae aquae dulcis, fresh-water ponds; and
The cheeses from cows' milk (casei bubuli) were    2. Piscinae aquae salsae, salt-water ponds.
believed to contain more nourishment, but to be    We commence then with a description of the
more indigestible than those from ewes' milk (casei inhabitants of the Colzors inzplano and their dwellovilli); the least nourishing and most digestible  ing.
were those from goats' milk (casei caprini), the                   I. AvIARIA.
new and moist cheeses in each case being more
nourishing (gnagis alibiles), and less heavy  (in              I. a. Coiors in piano.
corpore non resides), than those which were old    In the science of rearing poultry (Ratio Coiorand dry.                                        talis, opvLOoTrpdpta), three precepts were of general
Butter is mentioned by Varro (.lo~.2. ~ 16), but  application. The birds were to be kept scrupulously
seemns to have been scarcely used as an article of clean, were to be abundantly supplied with fresh
food (Varr. ii. 1. ~ 28. 11; Colum. vii. 8; Plin. air and pure water, and were to be protected from
HI. N. xi. 96, xxiv. 93, xxv. 39, xxviii. 34; Pal- the attacks of weasels, hawks, and other vermin.
lad. vi. 9).                                     The two former objects were attained by the choice
B. VILLATICA PASTIO.                of a suitable situation, -and by incessant attention
Viliaticee Past~iones, from which many persons upon the part of the superintendents (curatores,
-towards the close of the republic and unde r the  custodes); the latter was effected by overlaying the
empire derived large revenues, were separated into  walls of the houses and courts, both inside and
two departments, according to the names given to  out, with coats of smooth hard plaster or stucco,
*the buildings or enclosures adapted to the different and by covering over the open spaces with large
animals: -                                       nets.
Again, the attention of those who desired to rear
I. Aviairia s. OtnBitones.      - poultry w ith profit was chiefly occupied by five
II.. YVivcr~ic. considerations: 1. The choice of a good breeding
I. Aviaria s. Ornitltones, in the Ynost extended ac- stock (de genere).  2. The impregnation of the
ceptationof the term, signified receptacles for birds  hens (de foetura).  3. The management of the
of every description, whether wild or tame, terres- eggs during incubation (de ovis).  4. The rearing
trial or amphibious, but it is frequently and con- of the pullets (de pullis).  5. Fattening them for
veniently employed in a more limited sense to de- the market (de fartura), this last process being,
note the structutes formed for birds caught in their however, frequently conducted not by the farmer
wild state by the fowler (auceps), from whom they  (rusticas), bht by persons who mtade it their sole
were purchased, and then shut uip an'd sold at a  occupation (fartores).
profit after they became fat.                      1, 2. Chickens (gcllinae).   Of the different
In this way we may distinguish between, a. species of domestic fowls, the most important were
Cohors in plano, b. Columnbarium, c. Ornitlhon, of gallinae, which were divided into three classes:
which the first two only were known to the earlier a. Callinae Villaticae s. Colortales, the common
Romans.                                          chicken.  6. Gallinae Africanae s. Numnidicae, tlhe
a. Coloers in plano, was the poultry-yard in-  same probably with the JiEAea'ypL3es of the Greeks,
eluding the houses and courts destined for those  the distinctions pointed out by Columella scarcely
domestic fowls which were bred and fed on the  amounting to a specific difference; and c. Gallinae
farmn, and which were not able or not permitted to  Rusticae.  The last were found in great abundance
fly abroad.  Of these the chief were. 1. Barn- in the Insula Gallinaria, but it is so difficult to




AGRICULTURA.                                    AGRICULTURA.                    67
determine from the descriptions transmitted to us  cramnped in space that he could not turn round.:
what they really were, that we know not whether  In this state they were crammed with wheat,
we ought to regard them  as pheasants, as red- linseed, barley meal kneaded with water into
legged partridges, as wood-grouse, or as some  small lumps (tur ndae), and other farinaceons
species of game different from any of these.  The  food, the operation  requiring from  twenty to
Africanae, always scarce and dear, were treated  twenty-five days. (Var. iii. 9; Colum. viii. 2, &c.
almost exactly in the same manner as peacocks, 12; Plin. H. N. x. 21; Pallad. i. 27, 29.)
and never became of importance to the farmer; the    3. Pheasants  (phasiani)  are not mentioned
Rusticae are little spoken of except as objects of among domestic poultry by Varro or Columella,
curiosity, and Columella declares that they would  but find a place in the compilation of Palladius,
not breed in confinement (in servitute non foetant).  who directs that young birds, that is, those of a
We therefore confine our observations to the Vil- year old, should be selected as breeders in the
laticae.                                         proportion of one cock to two hens, and that the
Among the breeds celebrated for fighting were  eggs should be hatched by barn-door fowls.  The
the Tanagrian, the Rhodian, and the Chalcidean;  chicks were to be fed for the first fortnight on cold
but these were not the most profitable for the  boiled barley lightly sprinkled with wine, aftermarket.  The points of a good barn-door fowl are  wards upon bruised wheat, locusts, and ant's eggs,
minutely described by Varro, Columella, and Pal- and were to be prevented from having access to
ladius, who all agree in recommending the breeder water.  They became fat in thirty days if shut up
to reject such as were white, for they were more  and crammed with wheat flour made up into small
delicate and less prolific than those whose plumage  lumps (turundae) with oil.  (Pallad. i. 29.)
was darker.  Some were permitted to roam about    4. Peacocks (pavones, pavi, pavae) are said to
(vraae) during the day, and pick up what they  have been first introduced as an article of food by
could, but the greater number were constantly  Q. Hortensius at a banquet on the installation of
shut up (clausae) in a poultry yard (gallinarium, an augur (augurali aditiali coena).  They speedily
opsieoeoEtoEV), which was an enclosed court became so much ill request that soon afterwards a
(septumn) with a warm aspect, strewed with sand  single full-grown bird sold for fifty denarii (upor ashes wherein they might wallow, and covered  wards of a guinea and a half), and a single egg
over with a net. It contained hen-houses (caveae) for five (upwards of three shillings), while one
to which they retired at night and roosted upon  breeder, M. Aufidius Lurco, derived an income of
poles stretched across (perticae) for their conve-  60,000 sesterces (about 5001. sterling) from this
nience, nests (cubilia) for the laying hens being  source alone.  The most favourable situations for
constructed along the walls.  The whole esta- rearing peacocks were afforded by the small rocky
blishment was under the control of a poultry  but well-wooded islets off the Italian coast, where
man (aviaeris, custos s. curator gallinar-ius), who  they roamed in freedom without fear of being lost
occupied an adjoining hut, usually assisted by  or stolen,-provided their own food, and brought up
an old woman and a boy, for the flocks were  their young.  Those persons who could not comoften very large, containing upwards of two hun- mand such advantage, kept them  in small endred.  The proportion of one cock (gallus) to  closures roofed over, or under porticoes, perches
five hens was commonly observed, the males not (perticae) being supplied for them to roost upon,
required for breeding being killed young or made  with a large grassy court in front, surrounded by a
into capons (capi). Their food consisted of barley  high wall and shaded by trees.  They were fed
with the husk removed (hordeurn pinsitum), millet, upon all kinds of grain but chiefly barley, did not
vetches, and lentils, when these articles could be  arrive at full maturity for breeding until three years
procured cheap, but when too dear, they were  old, when one cock was allowed to five hens, and
supplied with the refuse of wheat, bran with a  care was taken to supply each bird with a separate
little of the flour adhering, the seeds of cytisus, nest (discrete cubilia).  The hatching process was
and the like.                                    most profitably performed by common barn-door
The laying season began in January and con- fowls, for in this way the pea-hen laid three times
tinued until the autumnal equinox. From twenty- in a season, first five eggs (ova pavonina), then
five to thirty eggs, the number being increased or four, and lastly two or three, but if allowed to indiminished according as the weather was hot or cubate herself could rear only one brood.  In the
cold, were placed beneath a clocking hen (gdllina  time of Varro, three chicks (pulli pavonini) for
glociens) from one to two years old, who was kept each full-grown bird were considered a fair return.
constantly shut up except at feeding time, or even  (Varr. iii. 6; Colum. viii. 11; Pallad. i 28;
furnished with food while on the nest.  The cura- Plin. x, 20; comp. Juv. i. 143.)
tor made his rounds regularly during the twenty    5. Geese (anseres) were easily reared, but were
days of incubation, turning the eggs, that they  not very profitable and somewhat troublesome, for
might all receive equal heat, and rejecting those  a running stream or a pond with a good supply of
which upon examination were found to contain no  herbage was essential, and they could  not be
embryos.  Such as were not required for hatch- turned out to graze in the vicinity of growing crops,
ing, were preserved by rubbing them with strong  which they tore up by the roots, at the same time
brine, and then storing them up in chaff or bran. destroying vegetation by their dung.  Birds for
The chicks for fifteen days were fed by hand on  breeding were always selected of a large size and
polenta mixed with nasturtium (cress) seed.      pure white, the grey variety (varii vel fusci) being
Chickens, when fattened for sale, were shut up  regarded as inferior on the supposition that they
in dark narrow cribs, light and motion being un- were more nearly allied to the wild species. Their
favourable to the process; or each bird was swung  food consisted of clover, fenugreek, lettuce, toseparately in a basket, with a small hole at each  gether with leguminous plants, all of which were
end, one for the head, the other for the rump, and  sown for their use, and especially an herb called
bedded upon the softest hay or chaff, but so  Co4ps by the Greeks, which seems to have been
F2




68             AGRICULTURA.                                    AGRICULTURA.
a sort of endive.  Impregnation took place about tween these a cross breed (miscellum) was usually
mid-winter, one gander being allowed to three  reared for the market in a lofty edifice (lrEpirrTEfemales, who when the laying season, which was  poTporeEoPv; 7replTrepeBv), constructed for the purearly in spring, approached, were shut up in a struc- pose.  These buildings, placed under the charge
ture (x7WoXToo9KE1ov) consisting of a court (colors), of a columbarius, were frequently large enough to
surrounded by a high wall with a portico inside  contain 5000, were vaulted, or roofed in with tiles,
containing receptacles (hlarae, cellae, speluncae), and furnished with one small entrance, but well
from two to three feet square, built of hewn stone  lighted by means of large barred or latticed winor brick, well lined with chaff, for the eggs.  In-  dows (fenestrae Punicanae, s. reticulatae).  The
cubation, according to the weather, lasted from  walls, carefully stuccoed, were lined from top to
twenty-five to thirty days, during which period the  bottom  with rows of round-shaped nests with a
mothers were supplied by the custos with barley  single small aperture (coIumbariai), often formed of
crushed in water.  The goslings remained in the  earthenware (fictilica), one being assigned to every
house for about ten days, and were fed upon po- pair, while in front of each row a plank was placed
lenta, poppy seed, and green cresses (nasturtium)  upon which the birds alighted. A copious supply of
chopped in water, after which they were taken out fresh water was introduced for drinking and washin fine weather to feed in marshy meadows and  ing; their food, consisting of the refuse of wheat
pools.  It was found in practice most advantageous  (excreta tritici), millet, vetches, peas, kidney-beans,
to employ barn-door hens to hatch the eggs, since  and other leguminous seeds, was placed in narrow
they made more careful mothers; and in this case  troughs ranged round the walls, and filled by pipes
the goose would lay three times in a season, first from without.  Those pigeons, which were kept in
five eggs, then four, and lastly three.          the country, being allowed to go out and in at will,
Goslings, when from  four to six months old, supported themselves for a great part of the year
were shut up to fatten in dark warm coops (scyi- upon what they picked up in the fields, and were
naurium), where they were fed with barley pottage  regularly fed (acceptant conditiva cibaria) for two
and fine flour moistened with water, being allowed  or three months only; but those in or near a town
to eat and drink three times a day as much as  were confined in a great measure to the reprOTepothey could swallow.  In this way they became fit IrpoqEco0V, lest they should be snared or destroyed.
for the market in two months or less. A flock of They were very fruitful, since one pair would rear
geese furnished not only eggs but feathers also, for eight broods of two each in the course of a year,
it was customary to pluck them twice'a year, in  and the young birds (pulli) very speedily arrived
spring and autumn, and the feathers were worth  at maturity, and began forthwith to lay in their
five denarii (about three shillings and fourpence) a  turn.  Those set aside for the market had their
pound.  (Varro, iii. 10; Colum. viii. 13; Plin.  wing feathers plucked out and their legs broken,
H. N. x. 22; Pallad. i. 30.)                     and were then fattened upon white bread pre6. Ducks (ncates).  The duck-house (v'noo-  viously chewed (manducato candidofarciuntpane),
TpoqeEo0V) was more costly than the chenoboscium,    A handsome pair of breeding pigeons of a good
for within its limits were confined, not only ducks, stock would fetch at Rome, towards the close of the
but querquedulae, phalerides, boscades (whatever republic, two hundred sesterces (upwards of a guinea
these may have been), and similar birds which  and a half); if remarkably'fine, as high as a thouseek their food in pools and swamps.  A flat piece  sand (nearly eight guineas); and as much as sixof ground, if possible marshy, was surrounded by a  teen hundred (more than thirteen pounds) was a
wall fifteen feet high, well stuccoed within and  price sometimes asked, while Columella speaks of
without, along the course of which upon an ele- four thousand (upwards of thirty pounds) having
vated ledge (crepido) a series of covered nests been given in his time; and some persons were
(tecta cubilia) were formed of hewn stone, the  said to have a hundred thousand (nearly a thouwhole open space above being covered over with a  sand pounds sterling) invested in this kind of pronet or trellice work (ccatris superTositis).  A shal- perty.  The instinct which teaches pigeons to relow pond (piscine) was dug in the centre of the  turn to the place where they have been fed was
enclosure, the margin formed of opus signineum, and  remarked by the ancients, who were wont, for the
planted round with shrubs; through this flowed a  sake of amusement, to bring them to the theatres
small stream which traversed the court in a sort of and there let them  loose.  (Varr. iii. 7; Colum.
canal into which was thrown food for the inmates, viii. 8; Plin. H. N. x. 52, 74, xi. 64, xviii. 42 ~
consisting of wheat, barley5 millet, acorns, grape  Pallad. i. 24.)
skins, small crabs or cray fish, and other water
animals.  The eggs were generally hatched by         I. c. Ornithon, Avia-iUtm (pVmLOorpopEI7oV).
common hens, the precautions taken during incu-    Onithonzes, in the restricted sense, were dibation and the rearing of the ducklings being the  vided into two classes:  1. Those constructed for
same as in the case of pullets.  (Var. iii. 11; pleasure merely being designed for the reception of
Column. viii. 15.)                               nightingales and other singing birds.  2. Those for
profit, in which thousands of wild birds were confined and fattened.  Varro gives a very curious and
Pigeons (columbus, colunbua).  Varro  distin- minute description of an ornithon belonging to the
guishes two species or varieties, the one Genus first class, which he himself possessed, and Lusaxatile s. agreste, probably the Columbna livid of cullus endeavoured to combine the enjoyment of
naturalists, which was shy and wild, living in  both, for he had a triclinium  constructed in his
lofty turrets (sublimes turriculae), flying abroad  Tusculan villa inside of an ornithon, delighting to
without restraint, and generally of a darkish colour, behold one set of birds placed upon the table ready
dappled, and without any admixture of white, the  for his repast, while others were fluttering at the
other kind more tame (clementius), feeding about the  windows by which the room was lighted.  Ornidours of the farm, and for the most part white. Be- thones of the second class, with which alone we {re




AGRICULTU RA.                                   AGRICULTURA.                   69
at present concerned, were kept by poulterers (macel- 34, 35, 53, 58, 74; comp. Plaut. Mlfostell. i. 1. 44
larii), and others in the city, but the greater mnun- Juv. vi. 38.)
her were situated in Sabinum, because thrushes
were most abundant in that region.  These huge
cages were formed by enclosing a space of ground                 II. a. Leporaria.
with high walls and covering it in with an arched    Leporaric anciently were small walled paddocks,
roof.  Water was introduced by pipes, and con- planted thickly with shrubs to give shelter; and inducted in numerous narrow channels, the windows tended, as the name implies, for the reception of
were few and small, that light might be excluded  animals of the hare kind; viz. 1. The common grey
as much as possible, and that the prisoners might hare (Italicaur hoc nostruz, sc. enus). 2. The mounnot pine from looking out upon the open country, tain or white hare from the Alps, seldom brought
where their mates were enjoying freedom.  Indeed, to Rome (toti candidi sunt). 3. Rabbits (cuniculi),
so sensitive were thrushes, and so apt to despond  believed to be natives of Spain.  These, at least
when first caught, that it was the practice to shut the first and third, bred rapidly, were caught occathem up for some time with other tame individuals  sionally, shut up in boxes, fattened and sold.  In
of their own kind ( ete-ani), who acted as decoys process of time, the name leporeaiumn2 was changed
(allectores), in reconciling them to captivity.  In  for the more appropriate term ~rbqporpo(pe7ov, since
the interior of this building numerous stakes (pali) a variety of wild animals, such as boars (apri),
were fixed upright, upon which the birds might stags (cervi), and roe deer (capseae), were proalight; long poles also (perticae) were arranged in  cured from  the hunter (venator), and shut up in
an inclined position resting against the walls with  these parks, which now  embraced several acres
spars nailed in rows across, and lofts were con- even in Italy, while in the provinces, especially
structed, all for the same purpose.  Two smaller Transalpine Gaul, they frequently comprehended
apartments were attached, one in which the super- a circuit of many miles of hill and swamp, glade
intendant (curator) deposited the birds which died  and forest.  This space was, if possible, fenced
a natural death, in order that he might be able to  by a wall of stone and lime, or of unburnt brick
square accounts with his master, the other, called  and clay, or, where the extent rendered even the
the seclusorium, communicating with the great hall Ilatter too costly, by a strong paling (vacerra) formed
by a door, into which those birds wanted for the  of upright stakes (stipites) drilled with holes (per
market were driven from time to time, and killed  latus effbrantur),, through which poles (aneites) were
out of sight, lest the others might droop on witness- passed horizontally, the whole of oak or cork tree
ing the fate of their companions.               timber, braced and, as it were, latticed by planks
Millet and wild berries were given freely, but nailed diagonally (seris transvresis clatrase), much
their chief food consisted of dry figs carefully  in the fashion of wooden hurdles.  Even in the
peeled (diligenterpinsita) and kneaded with far or largest enclosures it was necessary to support the
pollen into small lumps, which were chewed by per- animals in winter, and in those of moderate size
sons hired to perform this operation.  The birds  they were frequently tamed to such an extent, that
usually kept in an ornithon have been mentioned  they would assemble at the sound of a horn to reabove, but of these by far the most important were  ceive their food.  (Varr. iii. 12; Colum. ix. 1;
thrushes, which made their appearance in vast Plih. H. N. viii. 52..)
flocks about the vernal equinox, and seem to have    Bees (apes). The delight experienced in the
been in great request; for out of a single establish- management of these creatures is sufficiently proved
ment in Sabinum, in the time of Varro, five thousand  by the space and care devoted to the subject in
were sometimes sold in a single year at the rate of Virgil, and by the singularly minute instructions
three denarii a head, thus yielding a sum of 60,000: contained in the agricultural writers, especially in
sesterces, about five hundred pounds sterling.   Columella, who derived his materials from the still
The manure from ornithones containing thrushes  more elaborate compilations of Hyginus and Celand blackbirds was not only a powerful stimulant sus, the former being the author of a regular bee
to the soil, but was given as food to oxen and pigs, calendar, in w.hich the various precepts for the
who fattened on it rapidly.                      guidance of the, bee fancier (mellarius, apiaries;
Turtle doves (turtures, dim. turtwrillae) belonged   LEXLzroupybs, snelitusrgus) were arranged in regular
to the class which did not lay eggs in captivity  order according to the seasons and days of the year.
(nec parit nee excludit), and  consequently, as  The methods which the ancients describe differ
soon as caught, were put up to fatten (volatura  little, even in trifling details, from those followed by
ita ut capitur farturac  destinatzr).  They were  ourselves, although in some respects our practice is
not however confined in an ordinary ornithon but inferior, since they never destroyed a hive for the
in a building similar to a dove-cote, with this dif-  sake of its contents, but abstracted a portion of the
ference, that the interior, instead of being fitted up  honey only, always leaving a sufficient supply for
with columbaria, contained rows of brackets (mutu- the support of the insects in winter; and the same
los), or short stakes projecting horizontally from the  swarm, occasionally reinforced by young recruits,
wall and rising tier above tier.  Over each row, might thus continue for ten years, which was rethe lowest of which was three feet from the ground, garded as the limit.  Our superior knowledge of
Iempen mats (tegeticulae cannabinae) were stretched, natural history has however enabled us to detercn which the birds reposed day and night, while  mine that the chief of the hive is always a female,
nets were drawn tight in front to prevent them   not a male (rex) as was the general belief; to ascerfrom flying about, which would have renldered them  tain the respective duties performed by the queen,
lean.  They fattened readily in harvest time, de- the working bees, and drones (fuci s. fares), which
lighting most in dry wheat, of which one-half were unknown or confounded; and to reject the
modius per day was sufficient for 120 turtles, or in  absurd fancy, to which however we are indebted
millet moistened with sweet wine.  (Varr. iii. 8; for the most charming episode in the Geqrgics,
Collm. viii. 9; Pallad. i. 25; Plin. M. 12. x. 24, which originated with the Greeks, and is repeated
F3




70            AGRICULTURA.                                     AGRICULTURA.
with unhesitating faith by almost every authority, recourse being had at the same time to a slight
that swarms might be produced by spontaneous  fumigation.  If distracted by sedition in conse,
generation from the putrescent carcase of an ox  quence of the presence of two pretenders to the
(ex bubulo cospore putreftcto; and hence they were  throne, the rivals were caught, examined, and the
commonly termed 3ooyblas by the poets, and by  least promising put to death.  In bad weather,
Archelaus f3obs (pOqsE'1rs 7re7rorTrl4Ea rEKva).  those stricken down and disabled by cold or sudden
The early Romans placed the hives in niches, rain were tenderly collected, placed in a spot
hollowed out of the walls of the farm-house itself, warmed by artificial heat, and as they revived laid
tunder the shelter of the eaves (subter subgrundas),  down before their hives. When the weather for
but in later times it became more common to form  any length of time prevented them  from  going
a regular apiary (apiariumz, alvearium, mellariumr; abroad, they were fed upon honey and water, or
tEXL1TTopo0eEo0, EtsserLYV), sometimes so exten- upon figs boiled in must and pounded into a paste.
sive, as to yield 5000 pounds of honey in a season.    The honey harvest (ozellatio, mellis vindemia,
This was a small enclosure in the immediate  ccastratio alosrum, dies castrandi, ateAireoLas), acvicinity of the villa, in a warm and sheltered spot, cording to Varro, took place three times a year,
as little subject as possible to great variations of but more usually twice only, in June and October;
temperature, or to disturbances of any description  on the first visitation four-fifths, at the second twofrom the elements or from animals; and carefully  thirds of the honey was abstracted; but these proremoved from the influence of foetid exhalations, portions varied much according to the season. and
such as might proceed from baths, kitchens, stables, the strength of the particular hive.  The system
dunghills, or the like. A supply of pure water was pursued was very simple: the moveable top was
provided, and plantations were formed of those  taken off, or a door contrived in the side opened,
plants and flowers to which they weremost attached, the bees were driven away by a smoking apparatus,
especially the cytisus and thyme, the former as and the mellarius cut out with peculiarly formed
being conducive to the health of bees, the latter as knives as much of the contents as he thought fit.
affording the greatest quantity of honey (aptissinzeum  The comb (fusvzs, crlpifov), which was the product
ad melificiumn).  The yew was carefully avoided, of their industry, was composed of wax (cera, tcspbs)
not because in itself noxious to the swarm, but be- formed into hexagonal cells (sex angulis cella), the
cause the honey made from it was poisonous. (Sic geometrical advantages of which were soon dismea Cyrneas fugyiat examina.taxos.)  The hives covered by mathematicians, containing for the most
(alvi, alvei, alvearia, Kvq'AaL), if stationary, were. part honey (mel, /u~A4), but also the more solid
built of brick (domicilia lateribus facta) or baked  sweet substance commonly called bee-bread (produng (ex fimo), if moveable, and these were con- polis, 7rpfroAhs), the classical name being derived,
sidered the most convenient, were hollowed out of it is said, from the circumstance that it is found in
a solid block, or formed of boards, or of wicker greatest abundance near the entrance.  The combs
work, or of bark, or of earthenware, the last being  were cemented together, and the crevices in the
accounted the worst, because more easily affected  hive daubed over with a glutinous gum, the erithace
by heat or cold, while those of cork -were accounted; (EpLOKbcs) of Varro and  his Greek authorities,
best.  They were perforated with two small holes which seems to be the same with what is elsefor the insects to pass in and out, were covered  where termed nelligo (UeXiL'orya).
with moveable tops to enable the mellarius to in-    Columella and Palladius describe ingenious plans
spect the interior, which was done three times a for getting possession of wild swarms (apes sylresmonth, in spring and summer, for the purpose of lres, feerae, rusticae, as opposed to urbanae, cicures)
removing any filth which might have accumulated, and Pliny notices the humble bees which conor any worms that might have found entrance; and  structed their nests in the ground, but seems to
were, arranged, but not in contact, in rows one  suppose that they were peculiar to a district in
above another, care being taken that there should  Asia Minor.  The marks which distinguish the
not be more than three rows in all,:and that the  varieties of the domestic species will be found delowest row should rest upon a stomae parapet, ele- tailed by the different -authorities quoted below.
vated three feet from the ground, and coated with  (Aristot. Hist. Anile. v. ix; Aelian. de Anign. i.
smooth stucco to prevent lizards, snakes, or other 59, 60, v. 10, 11; Var. ii. 5, iii 3, 16; Virg. Georq.
noxious animals from climbing up.               iv.; Column. ix. 3. &c., xi. 2; Plin. I. N. xi. 5,
When the season for swarming arrived, the  &c.; Pallad. i. 37-39, iv. 15, v. 8, vi. 10, vii. 7,
movements which indicated the approaching de- ix. 7, xi. 13, xii. 8.)
parture of a colony (examen) were watched un-    Snails (cochleae). Certain species of snails were
remittingly, and when it was actually thrown off, favourite articles of food among the Romans, and
they were deterred from a long flight by casting  were used also medicinally in diseases of the lungs
dust upon them, and by tinkling sounds, being  and intestines.  The kinds most prized were those
at the same time tempted to alight upon some from Reate, which were small and white'; those
neighbouring branch by rubbing it with balm  from Africa of middling size, and very fruitful;
(apiastsumn,  EsXo'0'pvAXXomv, s. sAEXLov, s. /ceXA- those called solitanae, also from Africa, larger than
bvAAoov), or anly sweet substance.  When they  the former; and those from Illyria, which were the
had all collected, they were quietly transferred to  largest of all. The place where they were preserved
a hive similarly prepared, and if they showed any  (cocllearimn) was sheltered from  the sun, kept
disinclination to enter were urged on by surround- moist, and not covered over, nor walled in, but
ing them with a little smoke.                    surrounded by water, which prevented the escape
If quarrelsome, their pugnacity was repressed  of the inmates who were very prolific, and required
by sprinkling them with honey water (nsella); if nothing except a few laurel leaves and a little
lazy, they were tempted out by placing the sweet- bran.  They were fattened by shutting them  up
smelling plants they most loved, chiefly apiastrum  in a jar smeared with boiled must and flour, and
or thyme, in the immediate vicinity of the hive, perforated with holes to admit air.  It has been




AGRICULTURA.                                    AGR1MENSORES.                   71
recorded that an individual named Fulvius Hir- the work of a Scotch clergyman, who was well
pinus constructed, near Tarquinii, the first coch- acquainted with the practical details of agriculture
learium  ever formed in Italy, a short time before  and who had studied the Latin writers with great
the civil war between Caesar and- Pompey. (Varr. care, but whose scholarship was unfortunately so
iii. 14; Plin. H. N. ix. 56, xxx. 7, 15; comp. imperfect that he was in many instances unable to
Sallust. Jug. 93.)                               interpret correctly their expressions.  Many useDormice (glires) were regarded as articles of ful and acute observations will be found in tlie
such luxury that their use as food was forbidden   " Economie Politique des Romains " by Dureau
in the sumptnary laws of the more rigid censors; de la Malle, 2 tomes, 8vo. Paris, 1840, but he also
but, notwithstanding, a glirariuzn  became a com- is far from being accurate, and he is embarrassed
mon appendage to a villa.  It was a small space  throughout by very erroneous views with regard to
of ground surrounded with a smooth wall of polished  the rate of interest among the Romans, and by the
or stuccoed stone, planted with acorn-bearing trees singular misconception that from  the expulsion of
to yield food, and containing holes (cavi) for rear- the kings until the end of the second Punic war,
ing the young.  They were fattened up in earthen  the law forbade any Roman citizen to possess more
jars (dolia) of a peculiar construction, upon chest- than 7 jugers of land. (Vol. ii. p. 2.)  Those who
nuts, walnuts, and acorns.  (Varr. iii. 15; Plin. desire to compare the agriculture of modern Italy
H. N. ix. 57; comp. Martial, iii. 58, xiii. 59; with ancient usages will do well to consult Arthur
Petron. 31; Amm. Marc. xxviii. 4.)               Young's "Travels in Italy," and the Appendix of
Symonds; the " Agriculture Toscane " of J. C. L.
II. b. Piscinae.                 Simonde, 8vo. Ginhve, 1801; and "' Lettres 6crites
Lastly, we may say a few words upon artificial d'Italie a Charles Pictet par M. Lullin de Chafish ponds, which were of two kinds -freshwater  teauvieux." 8vo. Paris. 2nd ed. 1820.  [W. R.]
ponds (piscinae dulces), and salt water ponds    AGRIMENSO'RES.  At the foundation of a
(piscinae salsae s. maritimne).                  colony and the assignation of lands the auspicia
The former, from an early period, had frequently  were taken, for which purpose the presence of the
been attached to ordinary farms, and proved a  augur was necessary.  But the business of the
source of gain; the latter were unknown until the  augur did not extend beyond the religious part of
last half century of the republic, were mere ob- the ceremony: the division and measurement of
jects of luxury, and were confined for the most part the land were made by professional measurers.
to the richest members of the community, to many  These were the Finitores mentioned in the early
of whom, such as Hirrus, Philippus, Lucullus, and  writers (Cic. c. Rullum, ii. 13; Plautus, Poenulus,
Hortensius, who are sneeringly termed piscinarii Prolog. 49), who in the later periods were called
by Cicero, they became objects of intense interest. Mensores and Agrimensores.  The business of a
These receptacles were constructed at a vast cost Finitor could only be done by a free man, and
on the sea-coast, a succession being frequently  the honourable nature of his office is indicated by
formed for different kinds of fish, and the most the rule that there was no bargain for his services,
ingenious and elaborate contrivances provided for but he received his pay in the form of a gift.
the admission of the tide at particular periods, and  These Finitores appear also to have acted as judices,
for regulating the temperature of the water; large  under the name of arbitri, in those disputes about
sums were paid for the stock with which they  boundaries which were purely of a technical, not a
were filled, consisting chiefly of mullets and mu- legal, character.
raenae; and a heavy expense was incurred in    Under the empire the observance of the auspices
maintaining them, for fishermen were regularly  in the fixing of camps and.-the.establishment of
employed to catch small fry for their food, and  military colonies was less regarded, and the pracwhen the weather did not permit such supplies to  tice of the Agrimensores was reduced to a system
be procured, salt anchovies and the like were  by Julius Frontinus, Hyginus, Siculus Flaccus, and
purchased in the market.  For the most part they  other Gromatic writers, as they are sometimes
yielded no return wahatever, during the lifetime at termed.  As to the meaning-.of the term Gromai
least of the proprietors, for the inmates were re- mad the derived words, see Facciolati, Lexicon, and
garded as pets, and frequently became so tame as the Index to Goesius, Rei Agrariae Scriptosres.
to answer to the voice and eat from the hand. The teachers of geometry in the large cities of the
When sales did take place the prices were very  empire used to give practical instruction on the
high.  Thus Hirrus, who, on one occasion, lent system of gromatice.  This practical geometry was
Caesar 6,000 muraenae, at a subsequent period  one of the liberalia studia (Dig. 50. tit. 13. s. 1);
obtained 4,000,000  of sesterces  (upwards of but the professors of geometry and the teachers of
30,0001.) for an ordinary villa, chiefly in conse- law were not exempted from the obligation of being
quence of the ponds and the quantity of fish they  tutores, and from other such burdens (Frag. Yat.
contained.                                       ~ 150), a fact which shows the subordinate rank
A certain Sergius Orata, a short time before the  which the teachers of elementary science then held.
Marsic War, formed artificial oyster-beds (vivaria    The Agrimensor could mark out the limits of
ostrearum) from which he obtained a large revenue. the centuriae, and restore the boundaries where they
He first asserted and established the superiority of were confused, but he could not assign (assignare)
the shell-fish from the Lucrine Lake, which have  without a commission from the emperor.  Military
always maintained their celebrity, although under persons of various classes are also sometimes menIthe empire less esteemed than those from Britain. tioned as practising surveying, and settling disputes
(Varr. R. R. iii. 17; Colum. viii. 16, 17; Plin. about boundaries.  The lower rank of the profesH. N. ix. 54i 55a; Cic. ad Att. i. 19.)          sional Agrimensor, as contrasted with the Finitor
Of moderm  treatises connected with the subject of earlier periods, is shown.by the fact that in the
of this article the most important is Dickson's  imperial period there might be a contract with an
" Husbandry of the Ancients," 2 vols. 8vo. 1788, Agrimensor for paying him for his services.
4




72                AGRIONIA.                                   AGROTERAS TIIUSIA.
The Agrimensor of the later period was merely  another that he had escaped to the Muses, and had
employed in disputes as to the boundaries of pro-  concealed himself with them.  After this they preperties.  The foundation of colonies and the as- pared a repast; and having enjoyed it, amused
signation of lands were now less common, though  themselves with solving riddles.  This festival was
we read of colonies being established to a late  remarkable for a feature which proves its great
period of the empire, and the boundaries of the  antiquity. Some virgins, who were descended from
lands must have been set out in due form.  (Hy-  the Minyans, and who probably used to assemble
ginus, p. 177, ed. Goes.)  Those who marked out around the temple on the occasion, fled and were
the ground in camps for the soldiers' tents are also  followed by the priest armed with a sword, who
called Mensores, but they were military men. (Ve-  was allowed to kill the one whom he first caught.
getius, De Re Miitcari, ii. 7.)  The functions of This sacrifice of a human being, though originally
the Agrimensor are shown by a passage of Hyginus  it must have formed a regular part of the festival,
(De Controvers. p. 1 70)  in all questions as to deter-  seems to have been avoided in later times.  One
mining boundaries by means of the marks (signa), instance, however, occurred in the days of Plutarch.
the area of surfaces, and explaining maps and plans, (Quaest. Graec. 38.)  But as the priest who had
the services of the Agrimensor were required: in  killed the woman was afterwards attacked by disall questions that concerned property, right of road, ease, and several extraordinary accidents occurred
enjoyment of water, and other easements (servitutes)  to the Minyans, the priest and his family were
they were not required, for these were purely legal deprived of their official functions.  The festival,
questions.  Generally, therefore, they were either  as well as its name, is said to have been derived
employed by the parties  themselves to  settle  from the daughters of Minyas, who, after having
boundaries, or they received their instructions for for a long time resisted the Bacchanalian fury, were
that purpose from a judex.  In this capacity they  at length seized by an invincible desire of eating
were advocati.  But they also acted as judices, human flesh.  They therefore cast lots on their
and could give a final decision in that class of own children, and as Hippasus, son of Leucippe,
smaller questions which concerned the quinque  became the destined victim, they killed and ate
pedes of the Mamilia Lex [LEx MAMILIA], as ap-'him, whence the women belonging to that race
pears from Frontinus (pp. 63, 75, ed. Goes.). Under  were at the time of Plutarch  still called the
the Christian emperors the name Mensores was  destroyers  (bAesat  or atoAea7a) and  the  men
changed into Agrimensores to distinguish them   mourners (poAoE7s). (MUiller, Die Minyer, p. 166.
from another class of Mensores, who are mentioned  &c.; K. F. Hermann, Lehrbuch d. gottesdienstlicezen
in the codes of Theodosius and Justinian (vi. 34, Altestihiimer d. Griechen, ~ 63. n. 13.)   [L. S.]
xii. 28).  By a rescript of Constantine and Con-    AGROtNOMI (aypooh'aot), are described by
stans (A. D. 344)  the teachers and -learners of Aristotle as the country police, whose duties cor.
geometry received immunity from  civil burdens. responded in most respects to those of the astynoml
According to a constitution of Theodosius and Va-  in the city [ASTYNOMI], and who performed nearly
lentinian (A. D. 440) as given in the collection of the same duties as the hylori (vXcopoi).  (Polit. vi.
Goesius (p. 344), they received jurisdiction in ques-  5.)  Aristotle does not inform  us in what state
tions of Alluvio; but Rudorff observes, " tfhat the  they existed; but from  the frequent mention of
decisive words' ut judicio agrimensoris,finiatur,' them by Plato, it appears probable that they beand' haec agrimensorum semper esse judicia' are a  longed to Attica.  (Plat. Legg. vi. pp. 617., 618 
spurious addition, which is not foundseither in Nov. Timaeus, Lex. s. v. and Ruhnken's note, in which
Theod. Tit. 20, nor in L. 3. C. De Alluv. (Cod. several passages are quoted from Plato.)
Just. vii. tit. 41)."  According to another constitu-    AGRO TERAS THU'SIA  (aypormpas unoa),
tion of the same emperors, the Agrimensor was to  a festival celebrated every year at Athens in honour
receive an aureus from  each of any three border-  of Artemis, surnamed Agrotera (from &ypa, chase).
ing proprietors whose bounda:ries he settled, and if'It was solemnized, according to Plutarch (De l/Iahe set a limes right between proprietors, he re-  lign. Herod. 26), on the sixth of the month of
ceived an aureus for each twelfth part of the pro-  Boedromion,  and consisted in a sacrifice of 500
perty through which he restored the limes.  Fur-  goats, which continued to be offered in the time of
ther, by another constitution of the same emperors  Xenophon. (Xenoph. Anab. iii. 2. ~ 12.)  Aelian
<Goesius, p. 343), the young Agrimensores were to  (V. I. ii. 25) places the festival on the sixth day
be called " clarissimi " while they were students, of Thargelion, and says that 3100 goats were sacriand when they began to practise their profession,  ficed; but as the battle of Marathon which gave
spectabiles.  All this, which is repeated by modern  rise to this solemn sacrifice, occurred on the sixth
lwriters, is utterly incredible.  (Rudorff, p. 420, of Boedromion, Aelian's statement appears to be
&c., and the notes.)                               wrong. (Plut. De Gloir. Athen. 7.)
(IRudorff, Ueber die Feldlzesser, Zeitscbhrift fir    This festival is said to have originated in the
Geschicht. Rechtsw. vol. x. p. 412, a clear and exact following manner: -When the Persians invaded
exposition; Niebuhr, vol. ii. appendix 2.; Dureau  Attica, Callimachus, the polemarch, or, according to
de la Malle, Economie Politique des Ronmains, vol. i. others, Miltiades, mlade a vow to sacrifice to Artemis
p. 179; the few remnarks of the last writer are of Agrotera as many goats as there should be enemies
no value.)![G. L. ]    slain at Marathon. But when the number of enemies
AGRIO'NIA (&ygc3 ma), a festival which was  slain was so great, that.an equal number of goats
celebrated at Orchomesnus, in Boeotia, In honour of could not be found at once, the Athenians decreed
Dionysus, surnamed'A1ypLc6iLos.  It appears from  that 500 should be sacrificed every year.  This is
Plutarch (Quaest. Roes. 102), that this festivall-was  the statement made by Xenophon; but other ansolemnised during the night only by women and  cient authors give different accounts. The Scholiast
the priests of Dionysus.  It consisted of a kind of on Aristoph. (Equit. 666) relates that the Athegamse, in which the women for a long time acted as  nians, before the battle, promised to sacrifice to
if seeking Dionysus, and at last called out to one  Artemis one ox for every enemy slain; hbut wvnen




AIKIAS DIKE.                                        ALA.                     73
the number of oxen could not be procured, they  the judges determined on the justice of the claim.
substituted an equal number of goats.  [L. S.]    It was thus an assessed action, and resembled the
AGYRMUS (&ayvp/Ads).  [ELEUSINIA.]            procedure in public causes.  The orations of DeAGYRTAE (&ypras), mendicant priests, who  mosthenes against Conon, and of Isocrates against
were accustomed to travel through the different Lochites, were spoken in an action of this kind, and
towns of Greece, soliciting alms for the gods whom  both of these have come down to us; and there
they served.  These priests carried, either on their were two orations of Lysias, which are lost, relating
shoulders or on beasts of burthen, images of their to the same action, namely, against Theopompus
respective deities.  They appear to have been of and Hippccrates.  (Harpocrat. s. v. arncas; Meier,
Oriental origin, and were chiefly connected with  Att. Process, p. 547, &c.; Bdckh, Publ. Econ. of
the worship of Isis, Opis and Arge (Herod. iv. 35), Atlbens, pp. 352, 364, 372, 374, 2nd ed.)
and especially of the great mother of the gods;    AITHOUSA (a'efovoa), a word only used by
whence they were called y7rpayprma. They were  Homer, is probably for ai'Oovoma arod, a portico exgenerally speaking, persons of the lowest and most posed to the sun.  From the passages in which it
abandoned character.  They undertook to inflict occurs, it seems to denote a covered portico, opening
some grievous bodily injury on the enemy of any  on to the court of the house, aebXi, in front of the
individual who paid them  for such services, and  vestibule, 7rpdOvpov.  Thus a chariot, leaving the
also promised, for a small sum of money, to obtain  house, is described as passing out of the 7rpodOvpov
forgiveness from the gods whom they served, for and the aieovua.  (II. xxiv. 323; Od. iii. 493, xv.
any sins which either the individual himself or 146, 191.).  The word is used also in the plural,
his ancestors had committed.  (Plat. Rep. ii, p. to describe apparently the porticoes which sur364, b.; Plut. Superst. c. 3; Zosim. i. 11; Max. rounded the ab-x.  (II. vi. 243; Od. viii. 57.)
Tyr. xix. 3; Athen. vi. p. 266, d; Origen, c. Cels. It was in such a portico that guests were lodged
i. p. 8; Phil. Leg. ii. p. 792; Ruhnken, ad Timaei for the night.  (Od. iii. 399, vii. 345).  It was
Lex. s. vv. &yelpovaoav and 4erawycoyat; K. F. Her- also the place of reception for people flocking to the
mann, Lehrbuch d. gottesdienstlichen Alterthiimer d. palace on a public occasion (II. xxiv. 239; Od.
Gbriec/he, ~ 42, n. 13.)                         viii. 57); and hence perhaps the epithet epl3oviros,
These mendicant priests came into Italy, but at which Homer usually connects with it.  [P. S.]
what time is uncertain, together with the worship    ALA, a part of a Roman house.  [DoMus.]
of the gods whom they served.  (Cic. De Leg. ii.   ALA, ALARES, ALA'RII.  These words,
16; Heindorff, ad Iior. Sero-. i. 2. 2.)        like all other terms connected with Roman warAHE'NUM.  [AENUM.]                            fare, were used in different or at least modified
AIKIAS DIKE (aelcias aiuca), an action brought acceptations at different periods.
at Athens, before the court of the Forty (of Fre-    Ala, which literally means a wing, was from the
TapdKCoYs-a), against any individual, who had struck  earliest epochs employed to denote the wing of an
a citizen of the state.  Any citizen, who had been  army, and this signification it always retained, but
thus insulted, might proceed in two ways against in process of time was frequently used in a re
the offending party, either by the aKias aiK?7, stricted sense.
which was a private action, or by the @pewOs ~ypaWps,    1. When a Roman army was composed of
which was looked upon in the light of a public  Roman citizens exclusively, the flanks of the inprosecution, since the state was considered to be fantry when drawn up in battle array were covered'
wronged in an injury done to any citizen.  It ap- on the right and left by the cavalry; and hence
pears to have been a principle of the Athenian  Ala denoted the body of horse which was attached
law, to give an individual, who had been injured, to and served along with the foot-soldiers of the
more than one mode of obtaining redress.  If the  legion.  (See Cincius, de Re lIilitari, who, alplaintiff brought it as a private suit, the defendant though he flourished B.C. 200, is evidently exwould only be condemned to pay a fine, which the  plaining in the passage quoted by Aulus Gellius,
plaintiff received; but if the cause was brought xvi. 4, the original acceptation of the term.)
as a public suit, the accused might be punished    2. When, at a later date, the Roman armies
even with death, and if condemned to pay a fine, were composed partly of Roman citizens and partly
the latter went to the state.                    of Socii, either Latini or Italici, it became the
It was necessary to prove two facts in bringing  practice to marshall the Roman troops in the centre
the arldas ari before the Forty.  First, That the  of the battle line and the Socii upon the wings.
defendant had struck the plaintiff, who must have  Hence ala and alarii denoted the contingent furbeen a free man, with the intention of insulting  nished by the allies, both horse and foot, and the
him (q?(' UGPE), which, however, was always pre- two divisions were distinguished as dextera ala and
sumed to have been the intention, unless the de- sinistra ala.  (Liv. xxvii. 2, xxx. 21, xxxi. 21;
fendant could prove that he only struck the plain- Lips. de Alilit. Rom. ii. dial. 7.  We find in Liv.
tiff in joke.  Thus Ariston, after proving that he  x. 40, the expression CUss cohorlibas alariis, and in
had been struck by Conon, tells the judges that x. 43, D. Brutum Scaeram lecatumnz cum legiona
Conon will attempt to show that he had only prima et decem coh/ortibus alariis equitatuque ire
struck him  in play.  (Dem. c. eonon. p. 1261.).... jssit.)
Secondly, It was necessary to prove that the de-    3. When the whole of the inhabitants of Italy
fendant struck the plaintiff first, and did not merely  had been admitted to the privileges of Roman
return the blows which had been given by the  citizens the terms alarii, cohortes alariae were transplaintiff (&ipXeY XEL EpV aireKWV, or merely a3m'KaoV  ferred to the foreign troops serving along with the
dpXeiv, Dem. c. Euerg. pp. 1141, 1151.)          Roman armies. In Cesar (B. G. i. 51) we see the
In this action, the sum of money to be paid by  Alarii expressly distinguished from the legionarsi,
the defendant as damages was not fixed by the laws; and we find the phrase (B. C. i. 73) cohortes alariae
but the plaintiff assessed the amount according to  et legionariae, while Cicero (ad Fam. ii. 17) speaks
the injury, which he thought he had received, and  of the Alarii Transpadani.




74                ALAUDA.                                           ALEA.
4. Lastly, under the empire, the term ala was  of the head-piece.  Cicero in a letter to Atticug,
applied to regiments of horse, raised it would seem  written in B. c. 44, states that he had received inwith very few exceptions in the provinces, serving  telligence that Antonius was marching uposn the
apart from the legions and the cavalry of the le- city "cum  legione alaudarum," and from  the
gions.  It is to troops of this description that Philippics we learn that by the Lex Judiciaria of
Tacitus refers when (Ann. xv. 10) he mentions  Antonius even the common soldiers of this corps
Alacles Pannonii robur equitatus.                (Alaudae - masnsiplares ex legione Alaudarun)lc
Some further details on this subject are given  were privileged to act as judices upon criminal
under EXERCITUS.                    [W. R.]   trials, and enrolled along with the veterans in the
ALABARCHES (AXaCepxils), appears to have  third decuria of judices, avowedly, if we can trust
been the chief magistrate of theJews atAlexandria; the orator, that the framer of the law and his
but whose duties, as far as the government was  friends might have functionaries in the courts of
concerned, chiefly consisted in raising and paying  justice upon whose support they could depend.
the taxes. (Joseph. Ant. xviii. 18. ~ 1, xix. 5.    That the legion Alauda, was numbered V. is
~ 1, xx. 5. ~ 2; Euseb. H. E. ii. 5.)  Hence, Ci- proved by several inscriptions, one of them becero (ad Att. ii. 17) calls Pompey alabarches from  longing to the age of Domitian in honour of a cerhis raising the taxes. The etymology of this word  tain Cn. Domitius, who among many other titles is
is altogether uncertain, and has given rise to great styled TRIB. MIL. LEG. V. ALAUDAE.  It had
disputes; some modern writers propose, but with- however disappeared from  the army list in the
out sufficient reason, to change it, in all the pas- time of Dion Cassius, that is, in the early part of the
sages in which it occurs, into arabarches.  The  third century, for the historian, when giving a cataquestion is fully discussed by Sturzius. (De Dia- logue of such of the twenty-three or twenty-five
lect. Macedon. et Alexandrin. p. 65, &c.)        legionswhich formed the establishment of Augustus,
ALABASTRUM  and ALABASTER  (acAd- as existed when he wrote, makes no mention of any
aa-r'pos, akdCao-Tpos), a box or vase for holding  fifth legion except the Quinta Macedonica. (Sueton.
perfumes and ointments; so called because they  Jul. 24; Caesar, B. C. i. 39; Plin. IH. N. xi. 44;
were originally made of alabaster, of which the  Cic. Philip. i. 8. ~ 20, v.5. ~ 12, xiii. 2. ~ 3, 18.
variety, called onyx-alabaster.  was usually em- ~ 37;  Gruter, Coap. JInscrip. Lat. ccccIii. 1,
ployed for this purpose. (Plin. I. N. xiii. 2. s. 3, DXLIV. 2, DXLiX. 4, DLix. 7; Orelli, Inscrip.
xxxvi. 8. s. 12.)   They were, however, subse- Lat. n. 773.)                          [W. R.)
quently made of other materials, as, for instance,    ALBOGALE'RUS.  [ApEX.]
gold (XPdoeia a&XdCaorpa).  Such vases are first    ALBUM  is defined to be a tablet of any matementioned by Herodotus (iii. 20), who speaks of rial on which the praetor's edicts, and the rules
ans "alabaster-box of perfumed ointment" (MsIpov relating to actions and interdicts, were written.
&hagaXrrpov), as one of the presents sent by  [EDIcTu.M.]  The tablet was put up in a public
Cambyses to the Ethiopian king; and after his place in Rome, in order that all persons might
time they occur both in Greek and Roman writers. have notice of its contents.  According to some
(Aristoph. Acharn. 1053; Aeliams, V. H. xii. 18; authorities, the album was so called, because it was
Martial, xi. 8; Matth. xxvi. 7; Mark, xiv. 3; either a white material, or a material whitened,
Luke, vii. 37.)  These vessels were of a tapering  and of course the writing would be a different
shape, and very often had a long narrow  neck, colour.  According to other authorities, it was so
which was sealed; so that when the woman in the  called because the writing was in white letters.
Gospels is said to break the alabaster-box of oint-  If any person wilfully altered or erased (raserit,
ment for the purpose of anointing  Christ, it ap- corrupe-it, mutaverit) any thing in the album, he
pears probable that she only broke the extremity  was liable to an action albi cor-owpti, and to a heavy
of the neck, which was thus closed.              penalty. (Dig. 2. tit. i. s. 7, 9.)
ALABASTRI'TES.  [ALABASTEa.]                     Probably the word album originally meant any
ALAEA ('Axana), games which were annually  tablet containing any thing of a public nature.
celebrated at the festival of Athena, surnamed  Thus, Cicero informs us that the Annales Maximi
Alea, near Tegea, in the neighbourhood of the  were written on the album by the pontifex maximagnificent temple of the same goddess.  (Paus. mus. (De Orat. ii. 12.)  But, however this may
viii. 47. ~ 3.)                       [L. S.]    be, it was in course of time used to signify a list
ALA'RII.  [ALA.]                              of any public body; thus we find the expression,
ALAUDA, a Gaulish word, the prototype of album senatorium, used by Tacitus (Ann. iv. 42),
the modern French Alouette, denoting a small to express the list of senators, and corresponding
crested bird of the lark kind which the Latins in  to the word leucoma used by Dion Cassius (Iv. 3).
allusion to its tuft denominated Gales-ito.  The  The phrase album decurionumn signifies the list of
name alauda was bestowed by Julius Caesar on a  decuriones whose names were entered on the
legion of picked men, which he raised at his own  album of a municipium, in the order prescribed
expence among the inhabitants of Transalpine  by the lex municipalis, so far as the provisions
Gaul, about the year B. c. 55, not as erroneously  of the lex extended. (Dig. 50. tit. 3.)  Albumn ijasserted by Gibbon, during the civil war; which  dicume is the list of judices. (Suet. Claud. 1.6.)
he equipped and  disciplined after the Roman  [JuDnx.]                                 [G. L.]
fashion; and on which in a body, he at a sub-    ALCATHOEA  (&XcKaoZa).   The name of
sequent period bestowed the freedom of the state. games celebrated at Megara, in commemoration of
This seems to have been the first example of a  the Eleian hero Alcathous, son of Pelops, who had
regular Roman legion levied in a foreign country  killed a lion which had destroyed Euippus, son of
and composed of barbarians. The designation was, King Megareus. (Pind. Istlhnm. viii. 148; Paus. i
in all probability, applied from a plune upon the  42. ~ 1.)                           [L. S.]
helmet, resembling the "'apex " of the bird in    ALEA, gaming, or playing at a game of chance
question, or from the general shape and appearance  of any kind.  Hence, alea, aleator, a gamester, a




ALEA.                                       ALIPTAE.                     75
gambler.  Playing with tali or tessesrae was gene-    ALEAIA ('ANEeta), a festival celebrated to the
rally understood; because these were by far the  honour of Athena Alea at Tegea with gamnes and
most common games of chance among the Romans. contests, of which we find mention in inscriptions.
[TALUS; TESSERaA.]                              (Paus. viii. 47, ~ 3; Krause, Die Gymnastik u.
Gaming was considered disreputable at Rome; Agonistik d. Hellenen, pp. 734-736; K. F. Herand hence aleator was used as a term of reproach. mann, Lelrbnuch d. gottesdienstlichen Alterthiimer d.
(Cic. in Cat. ii. 10, ad Att. xiv. 5.)  It was also  Griechen, ~ 51, n. 11; comp. HALOTIA.)
forbidden at Rome by special laws, during the    ALI'CULA (hAAsL or SAAXS), an upper dress,
times of the republic, and under the emperors  which was, in all probability, identical with the
(retita legibszs alea). (Hor. Carrn. iii. 24. 58; Cic. chlamys, although Hesychius explains it as a kind
Philip. ii. 23; Ov. Trist. ii. 470, &c., Dig. 11. of chiton (Euphor. Fr. 112, ao. Meineke, Anal.
tit. 5.)  Wve have, however, no express inform- Alex. p. 137; Callim. Fs. 149, aup. Nacke, Opusc.
ation as to the time when these laws were en- vol. ii. p. 86; Hesych. s. v.; Suid. s. v. kAAcKa
acted or the exact provisions which they contained. and Evs,7e-'; Miller, Arceh. d. Kinst, ~ 337, n. 6;
There are three laws mentioned in the Digest Martial, xii. 83.)                        [P. S.]
(I. c.) forbidding gambling, the Leges Titia, Pub-    ALIMENTA'RII PUERI ET PUELLAE.
licia, and Cornelia, and likewise a senatus con- In the Roman republic, the poorer citizens were assultum, and the praetor's edictum.  At what time  sisted bypublic distributions of corn, oil, and money,
the two former laws were passed is quite uncer- which  were called  congiaria.  [CONGIARIUM.]
tain; but the Lex Cornelia was probably one of These distributions were not made at stated periods,
the laws of the dictator Sulla, who, we know, made  nor to any but grown-up inhabitants of Rome. The
several enactments to check the extravagance and  Emperor Nerva was the first who extended them to
expense of private persons.  [SuMTvs.]  Some  children, and Trajan appointed them to be made
writers infer from  a passage of Plautus (1Mil. every month, both to orphans and to the children
Glor. ii. 2. 9) that gaining must have been for- of poor parents.  The children who received them
bidden by law in his time; but the lex talaria in  were called pueri et puellae alimnentzarii, and also
this passage seems rather to refer to the laws of the  (from the emperor) pueri puallaeque Ulpiani; and
game than to any public enactment. Some modern  the officers who administered the institution were
writers, however, read lex alearia in this passage. called quaestores pecunicae alimentariae, quaestores
The only kinds of gaming allowed by the law  alizentorum, psrocuratores alimentornz, or praefecti
were, first, playing at table for the different articles  ali7menltorumi.
of food, and playing for money at games of    The fragments of an interesting record of an instrength, such as hurling the javelin, running, stitution of this kind by Trajan have been found
jumping, boxing, &c. (Dig. 1. e.)  Those who were  at Velleia, near Placentia, from  which we learn
convicted of gaming were condemned to pay four the sums which were thus distributed, and the
times the sum they had staked (Pseudo-Ascon. in  means by which  the money was raised.  A
Cic. Div. ~ 24. p. 110. ed. Orelli), and became in-  similar institution was founded by the younger
farmes in consequence.  We know that iqSfamia  Pliny, at Comuma. (Plin. E]pist. vii. 18, i. 8; and
was frequently a consequence of a judicial decision  the inscription in Orelli, 1172.)  Trajan's benevo[INFAMIA]; and we may infer that it was in this  lent plans were carried on upon a larger scale by
case from the expression of Cicero. (" Hominem   Hadrian and the Antonines.  Under Commodus
lege, quae est de alea, condemnatum, in integrunz  and Pertinax the distribution ceased. In the reign
restituit," Cic. Pzil. ii. 23.)  Justinian forbade all of Alexander Severus, we again meet with alisengaining both in public and in private. (Cod. 3. tit. tariipueri and puellae, who were calledillasMnaeani,
43.) Games of chance were, however, tolerated in  in honour of the emperor's mother.  We learn,
the month of December at the Saturnalia, which was from a decree of Hadrian (Ulp. in Dig. 34. tit. 1.
a period of general relaxation (Mart. iv. 14, v. 84; s. 14), that boys enjoyed the benefits of this inGell. xviii. 13; Suet. Aug. 71); and among the  stitution up to their eighteenth, and girls up to
Greeks, as well as the Romans, public opinion  their fourteenth year; and, from  an inscription
allowed old men to amuse themselves in this  (Fabretti, 235, 619), that a boy four years and
manner.  (Eurip.  Red. 67; Cic. Seneclt. 16.)  seven months old received nine times the ordiUnder the empire gambling was carried to a great nary monthly distribution of corn.  (Aurel. Vict.
height, and the laws were probably little more  Epit. xii. 4; Capitolin. Ant. Pi. 8, il. Aur.
than  nominal.   Many of the early emperors, 26, Pert. 9; Spart. Had. 7; Lamprid. Sev.
Augustus, Caligula, Claudius, Vitellius, and Do- Alex. 57; Orelli, Insce. 3364, 3365; Fabretti,
mitian, were very fond of gaming, and set but an  234, 617; Rasche, Lex. Unsiv. Rei Num. s. v.
evil example to their subjects in this matter.  Tutda Italiae; Eckhel, Doet. Num. Vet. vol. vi.
(Suet. Aug. 70, 71; Dion Cass. lix. 22; Siuet. p. 408; F. A. Wolf, Von einer milden Stisfiung
Cal. 41, Claud. 33; Dion Cass. lx. 2; Suet. Domn.  Trajans.)                           [P. S.]
21.) Professed gamesters made a regular study of    ALI'PILUS, a slave, who attended on bathers,
their art; and there were treatises on the subject, to remove the superfluous hair from their bodies.
among which was a book written by the emperor  (Sen. Ep. 56; Pignor. de Serv. 42.).   [P. S.]
Claudius. (Ov. Trist. ii. 471; Suet. Claud. 33.)   ALIPTAE  (&Aeilrmal) among  the  Greeks,
Alea sometimes denotes the implement used in  were persons who anointed the bodies of the
playing, as in the phrase jacta alea est, " the die  athletae, preparatory to their entering the palaesis cast," uttered by Julius Caesar, immediately  tra. The chief object of this anointing was to close
before he crossed the Rubicon (Suet. Jul. 32); and  the pores of the body, in order to prevent excessive
it is often used for chance, or uncertainty in gene- perspiration, and the weakness consequent thereon.
ral. (Hor. Carm. ii. 1. 6; Cic. Div. ii. 15.)  Re- To effect this object, the oil was not simply spread
specting the enactments against gambling, see  over the surface of the body, but also well rubbed
Rein, Crisninalreclt desr tlnzer, p. 833.        into the skin.  The oil was mixed with fine




7G-                ALLUVIO.                                       AMBITUS.
African sand, several jars full of which were found  Antoninus Pius, there was no jus alluvionis in the
ill the baths of Titus, and one of these is now in  case of agri limitati, for a certain quantity (certus
the British Museum.  This preparatory anointing  cuique modus) was assigned by the form  of the
was called X 7rapaoacvao-rLKl -rpigs.  The athleta  centuriae.  (Dig. 41. tit. 1. s. 16; comp. Aggenus
was again anointed after the contest, in order to  Urbicus, in Frontin. Comment. De Allssvione, pars
restore the tone of the skin and muscles, this  prior, ed. Goes; and AGER.)  Cisrcunluvio differs
anointing was called 4i &aroOEpa7rstd.  He then  from alluvio in this, that the whole of the land in
bathed, and had the dust, sweat, and oil scraped  question is surrounded by water, and subject to
off his body, by means of an instrument similar to  its action. Cicero (De Oralt. i. 38) enumerates the
the strigil of the Romans, and called  XeAsyyis, and jura alluvionunm and circumluvionum as matters inafterwards Soierpa.  The aliptae took advantage  eluded under the head of cassae centum7virales.
of the knowledge they necessarily acquired of the    The doctrine of alluvio, as stated by Bracton in
state of the muscles of the athletae, and their gene- the chapter De acquirendo Rerum Dominio (fol. 9),
ral strength or weakness of body, to advise them  is taken from the Digest (41. tit. 1. s. 7), and is
as to their exercises and  mode of life. They  in several passages a copy of the words of Gains, as
were thus a kind of medical trainers. la-rpaXslsrral. cited in the Digest.            [G. L.]
(Plut. de Tuend. San. 16. p. 430; Celsus, i. I;    ALOA  or HIALOA  ('ANcoa,'AXhca), an Attic
Plin. H. N. xxix. 1, 2.)  Sometimes they even  festival, but celebrated principally at Eleusis, in
superintended their exercises, as in the case of honour of Demeter and Dionysus, the inventors of
Milesias. (Pindar, Olym. viii. 54-71; and Bdckh's  the plough and protectors of the fruits of the earth.
note.) [ATHLETAE.]  The part of the palaestra  It took place every year after the harvest was over,
in which the athletae were anointed was called  and only fruits were offered on this occasion, partly
aAszn7rsptov.                                   as a grateful acknowledgment for the benefits the
Among the Romans, the aliptae were slaves who  husbandman had received, and partly that the next
scrubbed and anointed their masters in the baths. harvest might be plentiful.  We learn from DeThey, too, like the Greek  eklpsrrat, appear to  mosthenes (c. Neaer. p. 1385), that it was unlawful
have attended to their masters' constitution and  to offer any bloody sacrifice on the day of this fesmode of life.  (Cic. ad Fans. i. 9, 35; Senec. Ep. tival, and that the priests alone had the privilege
56; Juvenal, Sat. iii. 76, vi. 422; Pignor. de to offer the fruits.  The festival was also called
Serv. p. 81.)  They were also called urnctores. rl)ahAv'ea (Hesych. s. v.), or o-VytKotfLr''lptia. [L. S.]
They used in their operations a kind of scraper    ALO'GIOU  GRAPI-E' (&AXoyov ypa(pe) an
called a strigil, towels (lintea), a cruise of oil (guttus), action which might be brought before the logistae
which was usually of horn, a bottle [AMPITLLA], (XAoYL-raI) at Athens, against all persons who
and a small vessel called lenticula. [BATHS.]    neglected to pass their accounts, when their term
The apartment in the Greek palaestra where  of office expired. (Suid. Hesych. Etymol. s. v.;
the anointing was performed was called a&Xnr- Pollux, viii. 54; Meier, Att. Process, p. 363.),rpiov, that in the Roman  baths was called    ALTA'RE.  [ARA.]
unctuarizsnz.                         [P. S.]      ALU'TA.  [CALCeus.].
ALLU'VIO. " That," says Gains (ii. 70, &c.),    ALYTAE (&l'ral).  [OLYMvPIA.]
" appears to be added to our land by alluvio,    AMANUENSIS, orAD MANUM SERVUS,
which a river adds to our land (ager) so gradually  a slave, or freedman, whose office it was to write
that we cannot estimate how much is added in  letters and other things under his master's direceach moment of time; or, as it is commonly ex- tion.  The amanuensis must not be confounded
pressed, it is that which is added so gradually as with another sort of slaves, also called ad mzanzlue
to escape observation.  But if a river (at once) servi, who were always kept ready to be employed
takes away a part of your land, and brings it to  in any business. (Suet. Caes. 74, Aug. 67, Nrer.
mine, this part still remains your property." There  44, Tit. 3, Vesp. 3; Cie. De Orat. iii. 60, 225;
is the salme definition by Gaius in his Res Coti- Pignor. De Servis, 109.)             [P. S.]
diantce (Dig. 41. tit. 1. s. 7), with this addition: —  AMARY'NTHIA, or AMARY'SIA  ('A/a" If the part thus suddenly taken away should  pu'vOla, or'A,uapt'oia), a  festival of Artemis
adhere for a considerable time to my land, and the  Amarynthia, or Amarysia, celebrated, as it seems,
trees on such part should drive their roots into my  originally at Amarynthus in Euboea, with extraland, from that time such part appears to belong to  ordinary splendour; but it was also solemnized
my land."  The acquisitio per alluvionaem was con- in several places in Attica, such as Athmone
sidered by the Roman jurists to be by the jus  (Paus. i. 31. ~ 3); and the Athenians held a fesgentium, in the Roman sense of that term; and it tival, as Pausanias says, in honour of the same
was comprehended under the general head of goddess, in no way less brilliant than that in
Accessio.  A man might protect his land against Euboea. (Hesych. s. v.'A^ap6bta.)  The festival
loss from  the action of a river by securing the  in Euboea was distinguished for its splendid probanks of his land  (Dig. 43. tit. 15; De Ripa  cessions; and Strabo himself (x. p. 448) seems to:
Munienda), provided he did not injure the navi- have seen, in the temple of Artemis Amarynthia,
gation.                                          a column on which was recorded the splendour
If an island was formed in the middle of a river, with which the Eretrians at one time celebrated
it was the common property of those who possessed  this festival.  The inscription stated, that the prolands on each bank of the river; if it was not in  cession was formed of three thousand heavy-armed
the middle, it belonged to those who possessed lands  men, six hundred horsemen, and sixty chariots.
on that bank of the river to which it was nearest. (Comp. Schol. ad Pind. 01. xiii. 159.) [L. S.]
(Gaius, ii. 72.)  This is explainled more minutely    AMBARVA'LIA.  [ARVALES FRATRES.]
in the Digest (41. tit. 1. s. 7).  A river means a    A'MBITUS, which literally signifies " a going
public river (fluamen publicum).                 about," cannot, perhaps, be more nearly expressed
According  to a constitution of the Emperor than by our word canvassing. After the plebs had




AMBITUS.                                       AMB1TUS.                   77
formed a distinct estate at Rome, and when the  Still the practice of using a white dress on occasion
whole body of the citizens had become very greatly  of canvassing was usual, and appears to have given
increased, we frequently read, in the Roman  origin to the application of the term candidatus to
writers, of the great efforts which it was necessary  one who was a petitor. (Cretata ambitio, Persius,
for candidates to make, in order to secure the  Sat. v. 177; Polyb. x. 4. ed. Bekker.)  A  Lex
votes of the citizens.  At Rome, as in every com-  Poetelia (B.c. 358; Liv. vii. 15) forbade candimunity into which the element of popular election  dates canvassing on market days, and going about
enters, solicitation of votes, and open or secret to the places in the country where people were
influence and bribery, were among the means by  collected.  The law was passed mainly to check
which a candidate secured his election to the offices  the pretensons of novi homines, of whom the
of state.  The elections recurred annually, and  nobiles were jealous. By the Lex Cornelia Baebia
candidates had plenty of practice in the various  (n. c. 181) those who were convicted of ambitus
modes of corruption.                             were incapacitated from being candidates for ten
Whatever may be the authority of the piece  years. (Liv. xl. 19; SclJol. Bob. p. 361.)  The
intitled "Q. Ciceronis de Petitione Consulatus ad  Lex Acilia Calpurnia (B. c. 67) was intended to
M. Tullium Fratrem," it seems to present a pretty  suppress treating of the electors and other like
fair picture of those arts and means, by which a  matters: the penalties were fine, exclusion from
candidate might lawfully endeavour to secure the  the senate, and perpetual incapacity to hold office.
votes of the electors, and also some intimation of (Dion Cass. xxxvi. 21.)  The Lex Tullia was
those means which were not lawful, and which it passed in the consulship of Cicero (B. c. 63) for
was the object of various enactments to repress.   the purpose of adding to the penalties of the Acilia
A candidate was calledpetitor; and his opponent Calpurnia. (Dion Cass. xxxvii. 29; Cic. piro
with reference to him, competitor.  A  candidate  Murena, c. 23.)  The penalty under this lex was
(candidatus) was so called from his appearing in the  ten years' exile.  This law forbade any person to
public places, such as the fora and Campus Mar-  exhibit public shows for two years before he was
tius, before his fellow-citizens, in a whitened toga. a candidate.  It also forbade candidates hiring
On such occasions, the candidate was attended by  persons to attend them and be about their persons.
his friends (deductores), or followed by the poorer In the second consulship of M. Licinius Crassus
citizens (sectatores), who could in no other manner and Cn. Pompeius Magnus (B.c. 55) the Lex
show their good will or give their assistance. (Cic. Licinia was passed.  This lex, which is entitled
pro Maurena, c. 34.)   The word assiduitas ex- De Sodalitiis, did not alter the previous laws
pressed both the continual presence of the candi- against bribery; but it was specially directed
date at Rome, and his continual solicitations. The  against a particular mode of canvassing, which
candidate, in going his rounds or taking his walk, consisted in employing agents (sodales) to mark
was accompanied by a nomenclator, who gave him   out the members of the several tribes into smaller
the names of such persons as he might meet; the  portions, and to sectire more effectually the votes
candidate was thus enabled to address them by  by this division of labour.  This distribution of
their name, an indirect compliment which could  the members of the tribes was called decuriatio.
not fail to be generally gratifying to the electors. (Cic. pro Plancio, c. 18.) It was an obvious mode
The candidate accompanied his address with a  of better securing the votes; and in the main is
shake of the hand (prensatio).  The term benigni- rightly explained by Rein, but completely mistas comprehended generally any kind of treating, understood by WTunder and others.  Drumann
as shows, feasts, &c.  Candidates sometimes left  (Geschichte Roms, vol. iv. p. 93) confounds the deRome, and visited the coloniae and municipia, in  curiatio with the coitio or coalition of candidates to
which the citizens had the suffrage; thus Cicero  procure votes.  The mode of appointing the judices
proposed to visit the Cisalpine towns, when he was  in trials under the Lex Licinia was also provided
a candidate for the consulship. (Cic. ad Att. i. 1,) by that lex. They were called Judices Editicii,
That amnbitus, which was the object of several because the accuser or prosecutor nominated four
penal enactments, taken as a generic term, compre- tribes, and the accused was at liberty to reject one
hended the two species, —ambitus and largitiones  of them.  The jumdices were taken out of the other
(bribery).  Liberalitas and benignitas are opposed  three tribes; but the mode in which they were
by Cicero, as things allowable, to ambitus and  taken is not quiite clear. The penalty under the
claritio, as things illegal. (Cic. de Orat. ii. 25; Lex Licinia was exile, but for what period is
and compare pro lAurena, c. 36.)  The word for uncertain.  The Lex Pompeia (B. C. 52), passed
amabitus in the Greek writers is deccaoeys. Money  when Pompeius was sole consul for part of that
was paid for votes; and in order to insure secrecy  year, appears to have been rather a measure passed
and secure the elector, persons called interpretes for the occasion of the trials then had and conwere employed to make the bargain, seqzestres to  templated than any thing else.  It provided for
hold the money till it was to be paid (Cic. pro  the mode of naming the judices, and shortened the
Clzoent. 26), and divisores to distribute it. (Cic. proceedings.  When C.Julius Caesar obtained the
ad Att. i. 16.)  The offence of ambitus was a  supreme power in Rome, he used to recommend
matter which belonged to the judicla publica, amid  some of the candidates to the people, who, of
the enactments against it were numerous.  The  course, followed his recommendation.  As to the
earliest enactment that is mentioned simply for-  consulship, he managed the appointments to that
bade persons " to add white to their dress,y with  office just as he pleased. (Siuet. Caes. c. 41.)  The
a view to an election. (B.c. 432; Liv. iv. 25.)  Lex Julia de Ambitu was passed (i. c. 18) in
This seems to mean using some white sign or the time of Augustus, and it excluded from office
token on the dress, to signify that a man was a  for five years (Dion Cass. liv. 16; Suet. Oct. 34)
candidate.  The object of the law was to check  those who were convicted of bribery.  But as the
ambitio, the name for going about to canvassj in  penalty was milder than those under the former
place of which ambitus was subsequently employed. laws, we must conclude that they were repealed




78                AMBITUS.                                          AMICTUS.
in whole or in part.  Another Lex Julia de Am- enough that the principle was to punish the briber
bitu was passed (B.C. 8; Dion Cass. Iv. 5) ap- only.
parently to amend the law of B. c. 18.  Candidates    The trials for ambitus were numerous in the
were required to deposit a sum of money before  time of the republic.  A list of them is given by
canvassing, which was forfeited if they were con- Rein.  The oration of Cicero in defence of L.
victed of bribery.  If any violence was used by a  Murena, who was charged with ambitus, and that
candidate, he was liable to exile (aquae et ignis  in defence of Cn. Plancius, who was tried under
interdictio).                                   the Lex Licinia, are both extant. (Rein, CriminalThe popular forms of election were observed  recht der Rmoner, where all the authorities are colduring the time of Augustus.  Under Tiberius  lected; Cic. Pro Plancio, ed. Wunder.)  [G. L.]
they ceased.  Tacitus (Annal. i. 15) observes: —   AMBLO'SEOS    GRAPHE/   (O&uAc6resws
" The comitia were transferred from the campus to  ypaep2).  [ABORTIO.]
the patres," the senate.                           AMBRO'SIA (& Gcpkd a), festivals observed in
WVhile the choice of candidates was thus partly  Greece, in honour of Dionysus, which seem to have
in the hands of the senate, bribery and corruption  derived their name from the luxuries of the table,
still influenced the elections, though the name of or from the indulgence of drinking.  According to
ambitus was, strictly speaking, no longer appli- Tzetzes on Hesiod (Op. et D. v. 504) these festivals
cable.  But in a short time, the appointment to  were solemnized in the month of Lenaeon, during
public offices was entirely in the power of the em- the vintage.  (Etym. M. s. v. Am/0aurC, p. 564. 7.;
perors; and the magistrates of Rome, as well as  G. E. W. Schneider, Ueber das Attisclhe Theaterthe populus, were merely the shadow of that which  wesen, p. 43; K. F. Hermann, Lehrb. d. gottesdienstl.
had once a substantial form.  A  Roman jurist, of Alterth. d. Griecben, ~ 58. n. 7.)  [L. S.]
the imperial period (Modestinus), in speaking of    AMBUBAIAE, female musicians from Syria,
the Julia Lex de Ambitu, observes, " This law is who gained their living by performing in public, at
now obsolete in the city, because the creation of Rome, especially in the Circus.  Their name is
magistrates is the business of the princeps, and  derived from the Syrian word abub or canbub, a
does not depend on the pleasure of the populus; flute.  Their moral condition was that which
but if any one in a municipium  should offend  females of their class generally fall into.  The
against this law in canvassing for a sacerdotium or Bayaderes of India will perhaps give the best idea
magistratus, he is punished, according to a senatus of what they were.  (Hor. Sat. i. 2. 1, with Heinconsultum, with infamy, and subjected to a penalty  dorf's Note; Juvenal, iii. 62; Suet. Ne'. 27;
of 100 aurei." (Dig. 48. tit. 14.)               Priapeia, 26; Petron. lxxiv. 13.)      [P.S.]
The laws that have been enumerated are pro-    AMBU'RBIUM, or AMBURBIA'LE, a sa)ably all that were enacted, at least all of which  crifice which was performed at Rome for the purifiany notice is preserved.  Laws to repress bribery  cation of the city, in the same manner as the
were made while the voting was open; and they  ambarvalia was intended for the purification of the
continued to be made after the vote by ballot was country.  The victims were carried through the
introduced at the popular elections by the Lex  whole town, and the sacrifice was usually perGabinia (B. C. 139).  Rein observes'that "by this formed when any danger was apprehended in conchange the control over the voters was scarcely  sequence of the appearance of prodigies, or other
any longer possible; and those who were bribed  circumstances. (Obseq. De Prodig. c. 43; Apul.
could not be distinguished from those who were  Metamorph. iii. ab init. p. 49, Bipont.; Lucan. i.
not."  One argument in favour of ballot in modern  593.)  Scaliger supposed that the amburbium and
times has been that it would prevent bribery; and  ambarvalia were the same; but their difference is
probably it would diminish the practice, though  expressly asserted by Servius (ad Virg. Eel. iii.
not put an end to it.  But the notion of Rein that 77), and Vopiscus (amburbizum celebratumn, amnbarthe bare fact of the vote being secret would in- valia promissca; Aurel. c. 20).
crease the difficulty of distinguishing the bribed    AMENTUM.  [HASTA.]
from the unbribed is absurd; for the bare know-    AMICTO'RIUM, a linen covering for the
ledge of a man's vote is no part of the evidence of breasts of women, probably the same as the strobribery.  It is worth remark that there is no in- phium. [STROPHIuM.] (Mart. xiv. 149.) In later
dication of any penalty being attached to the  times it seems to have been used in the same sense
receiving of a bribe for a vote.  The utmost that as Amictus. (Cod. Theod. 8. tit. 5. s. 48.) [AuIccan be proved is, that the diisores or one of the  TUS.]
class of persons who assisted in bribery were    AMICTUS, AMI'CULUM. The verb amicire
punished. (Cic. pro Plancio, c. 23, pro Ap~arenat   is commonly opposed to induere, the former being
c. 23.)  But this is quite consistent with the rest:  applied to the putting on of the outer garment.
the briber and his agents were punished, not the  the chlamys, pallium, laena, or toga (iUtdrtov, pabribed.  W5hen, therefore, Rein, who refers to  pos); the latter, to the putting on of the inner garthese two passages under the Lex Tullia, says: ment, the tunica (XLTrv)).  In consequence of this
" Even those who received money from the can- distinction, the verbal nouns, amictzes and indautus,
didates, or at least those who distributed it in  even without any further denomination of the dress
their names, were punished," he couples two things  being added, indicate respectively /the outer and
together that are entirely of a different kind. The  the inner clothing.  (See Tibull. i. 9. 13.; Corn.
proposed Lex Aufidia (Cic. ad Art. i. 16) went Nep. Cimon, 4, Dat. 3. ~ 2; Virg. Aen. iii. 545,
so far as to declare that if a candidate promised  v. 421, compared with Apoll. Rhod. ii. 30.) Somemoney to a tribe and did not pay it, he should be  times, however, though rarely, amicire and indztere
mnpunished; but if he did pay the money, he  are each used in a more general way, so as to refer
should further pay to each tribe (annually?) to any kind of clothing.
3000 sesterces as long as he lived. This absurd    In Greek anmicire is expressed by E(pe',v'v0at,
proposal was not carried; but it shows clearly  atz/,s,6vU'OateL r, &r XEcea  E'riAdchAeeOat, 7repL



AMPHICTYONES.                                  AMPHICTYONES.                    79
heAXeaOrO: and induere by eiv8'veuv. Hence came  idea; but we may safely believe them to have been
pse~'SpLS, &buEX4V1, re,  riCx711Ca and e7rLAiaeovs, associations of originallyneighbouringtribes, formed
irep1iX-tAa and 7repLdAaOov,, an outer garment, and  for the regulation of mutual intercourse, and the
9vuaya, an inner garment, a tunic, a shirt. [J.Y.]   protection of a common temple or sanctuary, at which
AMMA  (/&iuAa), a Greek measure of length, the representatives of the different members met,
equal to forty JrxXELs (cubits), or sixty 7rdaes (feet). to transact business and celebrate religious rites
It was used in measuring land.  (Hero, De  en- and games.  This identity of religion, coupled
sulis.)                               [P. S.]    with near neighbourhood, and that too in ages of
AMNE'STIA  (/u',o'rlTa), is a word used by  remote antiquity, implies in all probability a certhe later Greek writers, and from them borrowed  tain degree of affinity, which might of itself proby the Romans, to describe the act or arrangement duce unions and confederacies amongst tribes so
by which offences were forgotten, or regarded as  situated, regarding each other as members of the
if they had not been committed, so that the of- same great family.  They would thus preserve
fender could not be called to account for them. among themselves, and transmit to their children,
The word is chiefly used with reference to the  a spirit of nationality and brotherhood; nor could
offences committed, or alleged to have been com- any better means be devised than the bond of a
mitted, against the laws, during those conflicts of common religious worship, to counteract the hostile
opposing factions which so often occurred in the  interests which, sooner or later, spring up in all
Greek republics, and  in which the victorious large societies. The causesandmotives from which
party usually took a sanguinary vengeance upon  we might expect such institutions to arise, existed
its opponents.  So rare, indeed, were the ex- in every neighbourhood; and accordingly we find
ceptions to this course of vengeance, that there is many Amphictyoniae of various degrees of importonly one case of amnesty in Greek history, which  ance, though our information respecting them  is
requires any particular notice.  This was the am- very deficient.
nesty which terminated the struggle between the    Thus we learn from Strabo, that there was one of
democratical and oligarchical parties at Athens, some celebrity whose place of meeting was a sancand completed the revolution by which the power tuary of Poseidon (Miiller, Doerins, ii. 10. ~ 5;
of the Thirty Tyrants was overthrown, B. C. 403. Strab. viii. p. 374) at Calauria, an ancient settleIt was arranged by the mediation of the Spartan  ment of the Ionians in the Saronic Gulf. The original
king Pausanias, and extended to all the citizens members were Epidaurus, Hermione, Nauplia,
who had committed illegal acts during the recent Prasiae in Laconia, Aegina, Athens, and the Boeotroubles, with the exception of the Thirty and  tian Orchomenus (Thirlwall, Hist. of Greece, vol. i.
the Eleven, and the Ten who had ruled in Pei-  p. 375); whose remoteness from each other makes it
raeus; and even they were only to be excepted in  difficult to conceive what could have been the mo-*
case of their refusal to give an account of their tives for forming the confederation, more especially
government; their children were included in the  as religious causes seem precluded by the fact, that
amnesty, and were permitted to reside at Athens. Troezen, though so near to Calauria, and though
An addition was made to the oath of the senators, Poseidon was its tutelary god, was not a member.
binding them not to receive any endeinis or apagoge  In after times, Argos and Sparta took the place of
on account of anything done before the amnesty, Nauplia and Prasiae, and religious ceremonies were
the strict observance of which was also imposed  the sole object of the meetings of the association.
by an oath upon the dicastae.  (Xen. Hellen. ii. There also seems to have been another in Argolis
4. ~~ 38-43; Andoc. de Myst. p. 44; Dem. (Strab. i. c.; Pausan. iv. 5) distinct from that of
in Boeot. p. 1018; Nepos, Tizrasybul. 3, who  Calauria, the place of congress being the'Hpa-ov,,
makes a confusion between the Ten Tyrants of or temple of Hera.  Delos, too, was the centre of
Peiraeus and the Ten who succeeded the Thirty  an Amphictyony - the religious metropolis, or
in the city; Taylor, Lysiae Vita; Wachsmuth,'IaTin vnYiowv of the neighbouring Cyclades, where
Helen. Altertl. vol. i. pp. 646, 647, new edition; deputies and embassies (aewpot) met to celebrate
Hermann, Polit. Antiq. of Greece, ~ 169.)        religious solemnities, in honour of the Dorian Apollo,
The form of the word is incorrectly given in  and apparently without any reference to political
some modern works as a&uvao'eiea.  But even the  objects. (Muller, ii, 3, ~ 7; Callim. flymn. 325.)
genuine form only belongs to later Greek; being    The system indeed was by no means confined to
used only by Plutarch (Cic. 42, Anton. 14), Hero- the mother country; for the federal unions of the
dian (iii. 4. ~ 17, v. 4. ~ 18, viii. 12. ~ 6), Philo, Dorians, Ionians, and Aeolians, living on the west
and still later writers.  The better writers used  coast of Asia Minor, seem to have been Amphic6Seta, and the verbal form is ovr ouv'lacKrcce7v. Re. tyonic in spirit, although modified by exigencies of
specting the supposed allusion to the word by  situation.  Their main essence consisted in keepCicero, see Facciolati, s. v.         [P. s.1   ing periodical festivals in honour of the acknowAMPHIARAIA (&/<psapdra), games celebrated  ledged gods of their respective nations.  Thus the
in honour of the ancient hero Amphiaraus, in the  Dorians held a federal festival, and celebrated reneighbourhood of Oropus, where he had a temple  ligious games at Triopium, uniting with the worship
with a celebrated oracle. (Schol. ad Pind. 01. vii. of their national god Apollo that of the more an154; the rites observed in his temple are de- cient and Pelaegic Demeter.  The Ionians met for
scribed by Pausanias (i. 34. ~ 3.; K. F. Hermann, similar purposes in honour of the Heliconian PoLehrb. d. gottesdienstl. Alterth. d. Griechen, ~ 63. seidon * at Mycale,-their place of assembly being
n. 1.)                                [L. S.]    called the Panionium, and their festival Panionia.
AMPHI'CTYONES('AIqbuc'doSVes),members  The twelve towns of the Aeolians assembled at
of an Amphictyonia ('Alupucruo'ia or'A/PLpa'rTorvia).  Grynea, in honour of Apollo. (Herod. i. 144, 148,
Institutions called Amphictyonic appear to have
existed in Greece from time immemorial.  Of their    * Poseidon was the god of the Ionians, as
nature and object history gives us only a general Apollo of the Dorians.  Miiller, Dor. ii. 10. ~. 5.




80            AMPHICTYON ES.                                 AMPIIICTYONES.
149; Dionys. iv. 25.)  That these confederacies  (Dorium and)* Cytinium  had equal power with
were not merely for offensive and defensive pur-  the Lacedaemonians, and that Eretria and Priene,
poses, may be inferred from their existence after  Ionian colonies, were on a par with Athens (tr4drsJthe subjugation of these colonies by Croesus; and  (pot ro-s'AOvvaoiois).  It seems therefore to follow,
we know that Halicarnassus was excluded from the  either that each Amphictyonic tribe had a cycle
Dorian union, merely because one of its citizens  (Strab. ix. p. 420; Pausan. x. 8. ~ 2), according
had not made the usual offering to Apollo of the  to which its component states returned deputies,
prize he had won in the Triopic contests.  A con- or that the vote of the tribe was determined by
federation somewhat similar, but more political than  a majority of votes of the different states of that
religious, existed in Lycia (Strab. xiv. p. 664): tribe.  The latter supposition might explain the
it was called the "Lycian  system," and was  fact of there being a larger and smaller assemblycomposed of twenty-three cities.                 a 13ovAX and'iKKXoa'ea -at some of the congresses,
But besides these and others, there was one  and it is confirmed by the circumstance that there
Amphictyony of greater celebrity than the rest, was an annual election of deputies at Athens, unand much more lasting in its duration.  This was less this city usurped functions not properly its
by way of eminence called the Amphictyonic own.
league; and differed from the other associations in    The council itself was called Pylacea (rIvXala)
having two places of meeting, the sanctuaries of from its meeting in the neighbourhood of Pylae
two divinities.  These were the temple of De-  (Thermopylae), but the same name was given to
meter, in the village of Anthela, near Thermopylae  the session at Delphi as well as to that at Ther(Herod. vii. 200), where the deputies or repre- mopylae.  It was composed of two classes of resentatives met in autumn; and that of Apollo at presentatives, one called Pylacorae (IIvAaypat),
Delphi, where they assembled in spring. The con- the other Iieromnemno nes ('IepoAyV/qoves). Of the
nection of this Amphictyony with the latter not former, three were annually elected at Athens to
only contributed to its dignity, but also to its per- act with one Hieromnemon appointed by lot. (Arismaoonece. With respect to its early history, Strabo  toph. Nubes, v. 607.)  That his office was highly
(ix. p. 420) says, that even in his days it was im- honourable we may infer from the oath of the
possible to learn its origin.  We know, however, Heliasts (Dem. c. Timocr. ~ 170, ed. Bekker), in
that it was originally composed of twelve tribes (not which he is mentioned with the nine archons.  On
cities or states, it must be observed), each of which  one occasion we find that the president of the
tribes contained various independent cities or states, council was a Hieromnemon, and that he was
We learn from  Aeschines (De F. L. ~ 122, ed. chosen general of the Amphictyonic forces, to act
Bekker), a most competent authority (B. c. 343), against the Amphissians. (Titmann, p. 87.) Hence:
that eleven of these tribes were as follows: —The  it has been conjectured that the Hieromnemoncs,
Thessalians, Boeotians (Inot Thebans only), Do- also called IepoypaopeaTfes, were superior in rank
rians, Ionians, Perrhaebians, Magnetes, Locrians, to thepylagorae. (Titmann, pp. 84,86.) Aeschines
Oetaeans or Ainianes, Phthiots or Achaeans of also contrasts the two in such a way as to warrant
Phthia, Malians, or Melians, and Phocians; other the inference that the former office was the more
lists (Paus. x. 8. ~ 2) leave us in doubt whether the  permanent of the two.  Thus he says (c. Ces.
remaining tribe were the Dolopes or Delphians; ~ 115, ed. Bekker), " When Diognetus was Hierobut as the Delphians could hardly be called a dis- mnemon, ye chose me and two others Pylagorae."
tinct tribe, their nobles appearing to have been  He then contrasts "'the Hieromnemon of the
Dorians, it seems probable that the Dolopes were  Athenians with the Pylagorae for the time being."
originally members, and afterwards supplanted by  There is even good reason for supposing that the
the Delphians. (Titmann, pp. 39, 43.)  The pre- IHieromnemon was elected for life (Clinton,'. I!.
ponderance of the Thessalian and northern nations  vol. iii. p, 621; Titmann, 1. c.), although sonue
of Greece proves the antiquity of the institution, writers are of a different opinion.  (Schlmann, de
no less than eight of the twelve tribes being of the  Comit. p. 392.) Again, we find inscriptions (B1ckh,
Pelasgic race: and the fact of the Dorians stand- Insce. 1171 ), containing surveys by the Hieronineing on an equality with such tribes as the }Malians, mones, as if they formed an executive; and that
shows that it must have existed before the Dorian  the council concluded their proceedings on one
conquest of the Peloponnesus which originated  occasion (Aesch. c. Ctes. ~ 124), by resolving that
several states more powerful, and therefore more  there should be an extraordinary meetingpreviously
likely to have sent their respective deputies, than  to the next regular assembly, to which the Hierothe tribes mentioned. The Thessalians indeed in  mnemones should come with a decree to suit the
all probability joined the league about twenty years  emergency, just as if they had been a standing
before that event, when they settled in Thessaly, committee.  Their name implies a more immediate
after quitting Thesprotia in Epeirus, and the date of connection with the temple; but whether they
theoriginof theleague itself has beenfixed (Clinton, voted or not upon matters in general is doubtfisl:
F. I-T. vol. i. p. 66) between the 60th and 80th years  from the two Amphictyonic decrees quoted below,
from the fall of Troy.  That it existed moreover we might infer that they did not, while the inbefore the Ionian migration, may be inferred from  scriptions (1688 and 1699), quoted by Schbmann
the Ionians of Asia having a vote, acquired without (p. 392), and the statement of Demosthenes (pro
doubt when in the country, and from the statement Coron. ~ 277, ed. Bekker), lead to a contrary conof Tacitus (Annal. iv. 14): " Samii decreto Am- clusion.   The narrative of Aeschines (c. COtes.
phictyonum nitebantur, quis praecipuum  fuit rerum   ~ 121) implies that they were more peculiarly the.
ominium  judicium, qua tempestate Grmci, conditis representatives of their constituent states.  Proper Asiam urbibus, ora maris potiebantur."       b. bly the respective functions of the two classes
We learn from Aeschines (1. c.), that each of
the twelve Amphictyonic tribes had two votes in    * There is a doubt about the reading. -See
congress, and that deputies from such towns as  Thuc. iii. 95; Titmann, p. 52.




APICTYONES. AMPHICTYONES.                       AMPHICTYONES.                   81
of representatives were not strictly defined, and  Clinton, F. II. vol. ii. p.196; Aeschin. c. Ces.~ 109.)
varied at different times, if indeed they are always The Second, or Phocian War (B. c. 356), was the
correctly distinguished by the authors who allude  most important in which the Amphictyons were
to them.  The EicXcAo'a, or general assembly, in- concerned (Thirlwall, Hist. of Greece, vol. v. p. 263
cluded not only the classes mentioned, but also  — 372); and in this the Thebans availed themthose who had joined in the sacrifices and were  selves of the sanction of the council to take venconsulting the god, and as there was a large mul- geance on their enemies, the Phocians.  To do
titude annually collected at the Amphictyonic ses- this, however, it was necessary to call in Philip of
sion at Thermopylae, it was probably numerously  Macedon, who  readily proclaimed himself the
attended. (Hesychius, ad SophA. Traec. v. 639.)  champion of Apollo, as it opened a pathway to his
It was convened on extraordinary occasions by  own ambition.  The Phocians were subdued (B. c.
the chairman of the council ('0  r'as 7Ys'ssas  346), and the council decreed that all their cities,
iE7riLnpipws, Aesch. 1. c.).                     except Abae, should be rased, and the inhabitants
Of the duties of this latter body nothing will dispersed in villages not containing more than fifty
give us a clearer view than the oaths taken and  inhabitants.  Their two votes were given to Philip,
the decrees made by it.  The oath was as follows  who thereby gained a pretext for interfering with
(Aesch. De F. L. ~ 121): "' They would destroy  the affairs of Greece; and also obtained the recogno city of the Amphictyons, nor cut off their nition of his subjects as Hellenes.  To the causes
streams in war or peace; and if any should do so, of the Third Sacred War allusion has been made
they would march against him  and destroy his in the decrees quoted by Demosthenes.  The Amcities; and should any pillage the property of the  phissians tilled the devoted Cirrhaean plain, and
god, or be privy to or plan any thing against what behaved, as Strabo (ix. p. 41 9) says, worse than the
was in his temple at Delphi, they would take  Crissaeans of old (XEipovs ioa-v 7rep? Tobs ~S'vovs).
vengeance on him with hand and foot, and voice, Their submission to Philip was immediately foland all their might."  There are two decrees given. lowed by the battle of Chaeroneia (B. c. 338), and
by Demosthenes, both commencing thus (Dem. de the extinction of the independence of Greece.  Tu
Cor. ~ 197): -  " When Cleinagoras was priest the following year, a congress of the Amphictyonic
(iepeis), at the spring meeting, it was resolved by  states was held; in which war was declared as if
the pylagorae and the assessors of the Amphictyons, by united Greece against Persia, and Philip elected
and the general body of them," &c.  The resolution  commander-in-chief.   On this occasion the Amin the second case was, that as the Amphissians con- phictyons assumed the character of national repretinued to cultivate " the sacred district," Philip of sentatives as of old, when they set a price upon the
Macedon should be requested to help Apollo and the  head of Ephialtes, for his treason to Greece at
Amphictyons, and that he was thereby constituted  Thermopylae, and erected monuments in honour of
absolute general of the Amphictyons.  Ie  an- the Greeks who fell there.  ierodotus indeed
cepted the office, and soon reduced the offending  (vii. 214, 228), speaking of them in reference to
city to subjection.  From the oath and the decrees, Ephialtes, calls them ohf T-d'EXAAXrvv Inuvay6pol.
we see that the main duty of the deputies was the    We have sufficiently shown that the Amphicpreservation of the rights and dignity of the temple  tyons themselves did not observe the oaths they
at Delphi.  We know, too, that after it was burnt took; and that they did not much alleviate the
down (B. C. 548), they contracted with the Alcmae- horrors of war, or enforce what they had sworn to
onidae for the rebuilding (Herod. ii. 180,v. 62); and  do, is proved by many instances.  Thus, for inAthenaeus (B. c. 160) informs us (iv. p. 173, b) that stance, Mycenae was destroyed by Argos (B.c. 468),
in other matters connected with the worship of the  Thespiae and Plataeae by Thebes, and Thebes herDelphian god they condescended to the regula- self swept from the face of the earth by Alexander
tion of the minutest trifles.  History, moreover, (ec teA-'ls Trs'EXAdXos avqlp7rraOrl,Aeschin.' c. Ctes.
teaches that if the council produced any palpable  ~ 133).  Indeed, we may infer from Thucydides
effects, it was from their interest in Delphi; and  (i. 112), that a few years before the Peloponlesian'
though it kept up a standing record of what ought war, the council was a passive spectator of what
to have been the international law of Greece, it he calls o lepbs 7rndhAos, when the Lacedaemonians
sometimes acquiesced in, and at other times was a  made an expedition to Delphi, and put the temple
party to, the most iniquitous and cruel acts. Of into the hands of the Delphians, the Athenians,
this the case of Crissa is an instance.  This town  after their departure, restoring it to the Phocians;
lay on the Gulf of Corinth, near Delphi, and was and yet the council is not mentioned as interfering.
much frequented by pilgrims from  the West. Itwill not be profitable to pursue its history further;
The Crissaeans were charged by the Delphians with  it need only be remarked, that Augustus wished
undue exactions from  these strangers, and with  his new city, Nicopolis (A. D. 31), to be enrolled
other crimes.  The council declared war against among its members; and that Pausanias, in the
them, as guilty of a wsrong against the god.  The  second century of -our era, mentions it as still exwar lasted ten years, till, at the suggestion of isting, but deprived of all power and influence.
Solon, the waters of the Pleistus were turned off, In fact, even Demosthenes (De Pace, p. 63), spolke
then poisoned, and turned again into the city. of it as the shadow at Delphi (4/ e vAeXqAo-s acld).
The besieged drank their fill, and Crissa was soon  In the time of Pausanias, the number of Amphicrazed to the ground; and thus, if it were an Am- tyonic deputies was thirty.
phictyonic city, was a solemn oath doubly violated.    There are two points of some interest, which
Its territory-the rich Crissaean or Cirrhaean plain  still remain to be considered; and first, the ety-was consecrated to the god, and curses impre- mology of the word Amphictyon.  We are told
cated upon any one who should till or dwell in it. (Harpocrat. s. v.) that Theopompus thought it deThus ended the First Sacred War (B. c. 586), in  rived from the name of Amphictyon, a prince of.
which the Athenians and Amphictyons were the in- Thessaly, and the supposed author of the institution.
struments of Delphian vengeance. (Paus. x. 37. ~ 4; Others, as Anaximenes of Lampsacus, connected it
CT




82            AMPHICTYONS.                                  AMPHITHEATRUM.
with the word a&yquiCl TOYes, or neighbours.  Very    AMPHIDRO'MIA (&Iuqep4dJLa), a family fesfew, if any, modern scholars doubt that the latter tival of the Athenians at which the newly born
view is correct; and that Amphictyon, with Hellen, child was introduced into the family, and received
Dorus, Ion, Xuthus, Thessalus,Larissa the daughter  its name.  No particular day was fixed for this
of Pelasgus, and others, are not historical,but mythic  solemnity; but it did not take place very soon after
personages -the representatives, or poetic personi- the birth of the child, for it was believed that most
fications, of their alleged foundations, or offspring.  children died before the seventh day, and the
As for Amphictyon (Thirlwall, Hist. of Greece, solemnity was therefore generally deferred till
vol. i. p. 373), it is too marvellous a coincidence  after that period, that there might be at least some
that his name should be significant of the institu- probability of the child remaining alive. According
tion itself; and, as he was the son of Deucalion  to Suidas, the festival was held on the fifth day,
and Pyrrha, it is difficult to guess of whom his when the women who had lent their assistance
council consisted. (Philol. lMusezem, vol. ii. p. 359.) at the birth washed their hands, but this purifiBesides, though Herodotus (i. 56) and Thucydides  cation preceded the real solemnity.  The friends
(i. 3) had the opportunity, they yet make no men- and relations of the parents were invited to the
tion of him.  We may conclude therefore, that the  festival of the amphidromia, which was held in the
word should be written amphictiony *, from &/Ap- evening, and they generally appeared with preKrloies, or those that dwelt around some particular sents, among which are mentioned the cuttle-fish
locality.                                        and the marine polyp.  (Hesych. and Harpocr.
The next question is one of greater difficulty; s. sv.) The house was decorated on the outside with
it is this: — Where did the association originate? olive branches when the child was a boy, or with
- were its meetings first held at Delphi, or at garlands of wool when the child was a girl; and
Thermopylae?  There seems a greater amount of a repast was prepared, at which, if we may judge
evidence in favour of the latter.  In proof of this, from a fragment of Ephippus in Athenaeus (ix. p.
we may state the preponderance of Thessalian  370; comp. ii. p. 65), the guests must have been
tribes from the neighbourhood of the Maliac bay, rather merry.  The child was then carried round
and the comparative insignificance of many of the fire by the nurse, and thus, as it were, prethem; the assigned birthplace and residence of sented to the gods of the house and to the family,
the mythic Amphictyon, the names Pylagorae and  and at the same time received its name, to which
Pylaea.  Besides, we know that Thessaly was the  the guests were witnesses.  (Isaeus, De Pyrrhi
theatre and origin of many of the most important THaered. p. 34. s. 30. Bekker.)  The carrying of the
events of early Greek history: whereas, it was  child round the hearth was the principal part of
only in later times, and after the Dorian conquest the solemnity, from which its name was derived.
of Peloponnesus, that Delphi became important But the Scholiast on Aristophanes (Lysistr. 758)
enough for the meetings of such a body as the  derives its name from  the fact that the guests,
Amphictyonic; nor if Delphi had been of old  whilst the name was given to the child, walked or
the only place of meeting, is it easy to account danced around it.  This festival is sometimes
for what must have been a loss of its ancient called from the day on which it took place: if on
dignity.  But whatever was the cause, we have  the seventh day, it is called E'1~o/am or E'G~o/ay:
still the fact, that there were two places of con- if on the tenth day, &EKlern, &c.  (Hesych. and
gress; to account for which, it has been supposed  Aristoph. Av. 923; K. F. tIermann, Lehrb. d.
that there  were  originally two confederations, gottesdienstlichen alterthiiner d. Griechlen, ~ 48.
afterwards united by the growing power of Delphi, n. 6.)                               [L. S.]
as connected with the Dorians, but still retaining    AMPHIMALLUM.  [TAPEs.]
the old places of meeting.  We must, however,    AMPHIO'RCIA  or AMPHOMO'SIA  (&/tadmit that it is a matter of mere conjecture whether cpLoptcia or &l woploi La), the oath which was taken,
this were the case or not, there being strong reasons  both by the plaintiff and defendant, before the
in support of the opinion that the Dorians, on  trial of a cause in the Athenian courts, that they
migrating southwards, combined the worship of the  would speak the truth.  (Hesych. Suid.)  AcH-ellenic Apollo with that of the Pelasgian Demeter, cording to Pollux (viii. 10), the aemphiorlia also
as celebrated by the Amphictyons of Thessaly. included the oath which the judges took, that they
Equally doubtful is the question respecting the  would decide according to the laws; or, in case
influence of Acrisius, king of Argos (Schol. ad  there was no express law on the subject in dispute,
Eurip. Orest. 1094; Callim. Epigf. xli.; Strab. ix. that they would decide according to the principles
p. 420); and how far it is true that he first brought of justice.
the confederacy into order, and determined other    AMPHIIPROSTYLOS.  [TEMPLUM].
points connected with the institution.  We maay    AMPHISBETE'SIS  (&sLu       r~C  rn7s. )  [HEhowever remark that his alleged connection with  RES.]
it, is significant of a Pelasgic element in its con-    AMPHITAPAE.  [TAPEs].
formation.  (Thirlwall, fist. of Greece, cc. x. xliii.;   AMPHITHALAMUS.  [DoMus]
HIeeren, Polit. Hist. of Greece, c. 7; St. Croix,    AMPHITHEA'TRUM  (a/&rpL0EaTrpov) was a
Des Anciens Gosuvere7s zmens F'deratijf;  Tittmann, description of building arranged for the exhibition
Ueber den  Bund der A 7phlictyonen;    Miiller, of combats of gladiators, and wild beasts, and
Dorians, book ii. 3. ~. 5; Phil. iius. vol. i. p. 324; ships, which constituted the ludi a?,mphitheatrales.
Hermann, Macnual of the Polit. Antiq. of Greece,  [GLADIATORES; VENATIO; NAcrMACHIA.]
~ 11-14; Waclismuth, lIellenisehe Alterthunms-    I. Its History. - Such  exhibitions-  which
kunde; Niebuhr, Hist. of Rosme, vol. i. p. 31. were peculiar to the Romans, and which were untransl.)                            [R. W.]    known to the Greeks till the Romans introduced
them -originally took place in the FORUM and
* Thus Pindar (Nem. vi. 42),'Ev apiterrlovmw   the CIRCUs, the shows of gladiators being given'raupop0dvt, -pIeC7pflsl: see Bbckh ad locum.    in the former, and those of wild beasts in the




AMPII ITH EA TRUM.                                 AIPHITHEATRUM.                     83
latter; indeed the amLphitheatre itself is sometimes  one of the kind until the building of the Flaviain
called circus. The shape of the circus, however, was  amphitheatre.  It did not satisfy Caligula, who
much better fitted for the chariot races, for which it commenced an amphitheatre near the Septa; but
was at first designed, than for the gladiatorial com-  the work was not continued by Claudius.  (Dion
bats, and the more wholesale slaughter of animals,  Cass. Iix. 10; Suet. Ca(l. 18, 21.)  Nero too, in
which, in process of time, came to be the favourite  his second consulship, A. D. 57, erected a vast amamusemnents of the Ronians.  For these purposes, phitheatre of wood, but this was only a temporalry
the circus was too long and too narrow, and the  building.  (Suet. Nret. 12; Tac. Aln. xiii. 31.)
spina was a great impediment, so that a new form   The amphitheatre of Taurus was destroyed in the
of building  was required, which should accom-  burning of Rome, A.D. 64 (Dion Cass. lxii. 18),
modate a multitude of spectators in such a manner and was probably never restored, as it is not again
as that all might have a good view of the space  mentioned.  It is still a question with the topooccupied by the combatants, which space too re- graphers whether any traces of it are now visible.
quired to be of quite a different shape from  the  (Comp. Becker, Htcedl). d. Ri;mz. Ater. vol. i. pp. 642,
circus, as the combatants were to be kept as much  643, and Urlichs, Beschreibeirg Rioms  pp. 53, 54.1-)
as possible in the same place.  The idea of such    The erection of an amphitheatre in the midst of
a buildine was sum'aested, as the name (from a&lcf, Romne, proportioned to the magnitude of the city,




84          AMPHITHEATRUiM..                                   AMPHITHEATRUM.
size, rendered the subsequent erection of ally other and arrangements of which were such as to furnish
such building in Rome perfectly unnecessary.  It seats for 87,000 spectators, round an arena large
became the spot where prince and people met to-  enough to afford space for the combats of several
gether to witness those sanguinary exhibitions, the  hundred animals at once, for the evolutions of
degrading effects of which on the Roman character mimic sea-fights, and for the exhibition of artificall hardly be over-estimated.  It was thoroughly  cial forests; with passages and staircases to give
repaired by Antoninus Pius. (Capit. Ant. Pi. 8.)  ingress and egress, without confusion, to the imIn the reign of Macrinus, on the day of the Vulca- mense mass of spectators, and others for the atnalia, it was struck by lightning, by which the  tendants on the arena; dens for the thousands of
upper rows of benches were consumed, and so much  victims devoted to destruction; channels for the radamage was done to other parts of the structure, pid influx and outlet of water when the arena was
that the games were for some years celebrated in the  used for a nasunachia; and the means for the reStadium.  (Dion Cass. lxxviii. 25.)  Its restora-  umoval of the carcasses, and the other abominations
tion was commenced by Elagabalus and completed  of the arena.  Admirable pictures of the magniby Alexander Severus.  (Lamprid. Hleliog. 17; tude and magnificence of the amphitheatre and its
Alex. Sev. 24.)  It was again struck by lightning  spectacles are drawn in the Essays of Montaigne
in the reign of Decius (Hieron. p. 475), but was  (iii. 6.), and in the latter part of Gibbon's twelfth
soon restored, and the games continued to be cele- chapter. As a general description of the building
brated in it down to the sixth century. The latest the following passage of Gibbon is perfect: -" It
recorded exhibition of wild beasts was in the  was a building of an elliptic figure, founded on fourreign of Theodoric.  Since that time it has been  score arches, and rising, with four successive orders
used sometimes in war as a fortress, and in peace  of architecture, to the height of 140 [157] feet. The
as a quarry, whole palaces, such as the Cancellaria  outside of the edifice was incrusted with marble,
and the Palazzo Farnese, having been built out of and decorated with statues.  The slopes of the vast
its spoils.  At length the popes made efforts to  concave, which formed the inside, were filled and
preserve it: Sixtus V. attempted to use it as a  surrounded with sixty or eighty rows of seats, of
woollen factory, and to convert the arcades into  marble likewise, covered with cushions, and capable
shops; Clement XI. enclosed the lower arcades, of receiving with ease about 80,000 spectators.
and, in 1750, Benedict XIV. consecrated it to  Sixty-four svomitories (for by that name the doors
Christians who had been martyred in it. The best were -very aptly distinguished), poured forth the
accounts of the building are contained in the follow- immense multitude; and the entrances, passages,
inog works: Lipsius de Anspitls#eoatro; Nibby, dell' and staircases, were contrived with such exquisite
An fiteatro Flavio, a supplement to Nardinli, vol. i. skill, that each person, whether of the senatorial,
p. 233, in which we have the most complete his-  the equestrian, or the plebeian order, arrived at
torical account; Fea, VNotizis deyli scavi  ell' his destined place without trouble or confusion.
Anfiteatro Flavio; Bunsen, Beschreibung d. Staldt Nothing was omitted, which, in any respect, could
Room. vol. iii. p. 319, &c.; Cressy and Taylor, be subservient to the convenience and pleasure of
Tlte Architectural Antiquities of Rome; Maffei, the spectators.  They were protected from the sun
Y1erona Illustrata;   Stieglitz, Arcliiol. dl. Bacukuszst; and rain by all ample canopy, occasionally drawn
Hirt, Cesciicelte d. Baaukunst bei den Alten.     over their heads.  The air was continually reII. Description qf tlhe Flavian Am7,)liteatre. -   freshed by the playing of fountains, and proNotwithstanding tle damages of time, war, and  fusely impregnated by the grateful scent of arospoliation, the Flavian amphitheatre still remains  matics.  In the centre of the edifice, the arena, or
complete enouggh to give us a fair idea, excepting  stage, was strewed with the finest sand, and sucin some minor details, of the structure and ar- cessively assumed the most different forms.  At
rangements of this description of building.  The  one moment it seemed to rise out of the earth, like
notices of the ancient authors are extremely scanty; the garden of the Hesperides, and was afterwards
and Vitruvius of course fails us here altogether; broken into the  rocks and caverns of Thrace.
indeed, this description of building was so corm- The subterraneous pipes conveyed an inexhaustible
pletely new in his time, that only once does the  supply of water; and what had just before apbare word amphithleatrus7ne occur ina his book (i. 7). peared a level plain, might be suddenly converted
We derive important aid from  the remains of into a wide lake, covered with armed vessels, and
amphitheatres in the provinces of the ancient replenished with the monsters of the deep.  In
Roman empire.  WTe shall first describe the Co- the decoration of these scenes, the Roman emlisaeum, and then mention the chief points of dif- perors displayed their wealth and liberality; and
ference between it and these other amphitheatres.   we read on various occasions that the whole furniThe very site of the Flavian amphitheatre, as of ture of the amphitheatre consisted either of silver,
most others, furnishes an example of the prodigal or of gold, or of amber.  The poet who describes
contempt of labour and expense which the Roman  the games of Carinus, in the character of a shepemperors displayed in their great works of archi-  herd, attracted to the capital by the fame of their
tecture.  The Greeks, in choosing the sites of their  magnifiencene, affirms that the nets designed as a
theatres, almost ahlvmys availed themselves of some  defence against the wild beasts were of gold
natural hollow on the side of -a hill; but the Roman  wire; that the porticoes were gilded; and that
amphitheatres, with few exceptions, stand upon a  the belt or circle which divided the several ranks
plain.  The site of the Colisaeumi was in the mid-  of spectators front each other, was studded with a
die of the city, in the valley between the Caelius, precious mlosaic of beautiful stones."
the Esquiline, and the Velia, on the marshy ground    The following ground-plan, external elevation,'vhich was previously the pond of Nero's palace, and section, are from  Hirt, and contain of course
stagnum Neronis (Suet. Vesp. 9; Martial. de Spect. some conjectural details.  The ground plan is so
ii. 5).  No mere measures can give an adequate  arranged as to exhibit in each of its quarters the
conception of this vast stricture, the dimensions plan of each of the stories: thus, the lower right




AMPIIITIHEATRUM.                             ASMPI ITHEATRUM.               85
hand quarter shows the true ground-plan, or tlhat and the upper right-hand quarter exhibits a view
of the lowest story; the next on the left shows a  of the interior as it would appear to an eye looking
plan of the erections on the level of the second row  vertically down upon it. The dotted lines on the
of exterior columns, as well as the seats which arena are the radii, and their points of intersection
sloped down from that level to the lower one; the the centres, of the several arcs which make up the
next quarter shows a similar plan of the third order, ellipses.
P../~,,g.?' \, ""-/,,           W' m —-2_
GROUND PLAN OF TIHE FLAVIAtN AMPHITHEATRE.
6 -ME                                                      _
LONGITUDINAL ELEVATION OF THIE FLAV1AN AMPHItTHEATRE.
G 3
oilIlol I~nl  Fll\  101  Itil  101  Ilil  lol  Illl  lol  Illl loITl
G+ 3




86          AMPHITHEATRUM.                                     AMPHITHEATRUM.
This structmue, like all the other existing am-    The stone used in.the building is a species of
phitheatres, is of an elliptical form.  It covers  travertine: some of the blocks are as much as five
nearly six acres of ground.  The plan divides it-  feet high, and eight or ten feet long; and it is
self naturally into two concentric ellipses, of which  remarkable, that all those which form the exterior
the inner constituted the arena or space for the  have inscribed upon them  small numbers or signs,
combats, while the ring between this and the outer  which evidently indicate the place of each in the
circumference was occupied by the seats for the  building, and which prove how  great was the
spectators.  The lengths of the major and minor  care taken to adapt every single stone to the form
axes of these ellipses are, respectively, 287 feet by  of the whole edifice.  In some parts of the interior
180, and 620 feet by 513.  The width of the  large masses of brickwork and tufa are seen: and
space appropriated to spectators is, therefore, 1G66   in the upper part there are fragments of other
feet all round the building.  The ratio of the  buildings worked in; but this, no doubt, happened
diameters of the external ellipse is nearly that  in some of the various repairs.
of 6 to 5, which becomes exactly the proportion,    There are coins extant, bearing on the reverse a
if we take in the substructions of the foundation.  view of the amphitheatre, so arranged as to show
Of course, the ratio of the diameters of the arena is  not only the outside, but a portion of the interior
different, on account of the diminished size: it is, also.  It is from them that we learn the fact, that
in fact, nearly as 8 to 5.  The minor axis of the  the outer arches of the second and third stories
arena is here, and generally, about one-third of were decorated with statues in their openings, unthat of the outer ellipse.  The material used was  less, indeed, the figures shown in the arches are
stone, in large blocks, fastened together, where  meant for rude representations of the people passnecessary, by metal clamps. The exterior was  ing through the outer colonnade.   These coins
faced  with marble and adorned  with statues.  also show, on the highest story, in the alternate
The external elevation requires little description.  spaces between the pilasters, circles against the
It is divided into four stories, corresponding to the  wall, corresponding to the windows in the other
tiers of corridors by which access was gained to  alternate spaces; they are, perhaps, the clypea
the seats at different levels.  These corridors are  mentioned by the old author cited above, that is,
connected with the external air by eighty arched  ornamental metal shields, hung there to decorate
openings in each of the three lower stories.  To  the building.  There are several coins of Titus
the piers which divide these arches are attached  and Domitian of this type (Eckhel, Doctr. Num.
three-quarter columns, that is, columns one-fourth  VTet. vol. vi. pp. 357-359, 375). There are similar
of whose circumference appears to be buried in  coins of Gordian, which are, however, very inferior
the wall behind them.  Thus, each of the three  in execution to those of Titus and Domitian.
lower stories presents a continuous facade of eighty  (Eckhel, vol. vii. p. 271.)   The coins of Titus
columns backed by piers, with eighty open arches  and Domitian also show a range of three stories of
between them, and with an entablature continued  columns by the side of the amphitheatre,  which
unbroken round the whole building. The width of  (though the matter is doubtful) is supposed to rethe arches is as nearly as possible the same  present a colonnade which ran from  the palace of
throughout the building, namely, ] 4 feet 6 inches,  Titus on the Esquiline to the amphitheatre, to
except at the extremities of the diameters of the  which it gave access at the northern extremity of
ellipse, where they are two feet wider.  Each tier  its minor axis, as shown on the plan.  At the other
is of a different order of architecture, the lowest  extremity of this axis was the entrance from the
being a plain Roman Doric, or perhaps rather  Palatine.
Tuscan, the next Ionic, and the third Corinthian.    The eighty arches of the lower story (except
The columns of the second and third stories are  the four at the extremities of the axes) formed the
placed on pedestals; those of the lowest story  entrances for the spectators, and gave admission
are raised from the ground by a few steps.  The  to a corridor, running uninterruptedly round the
highest tier is of quite a different character, as it  building, behind which again is another precisely
merely consists of a wall, without corridors, against  similar corridor. (See the plan and section.) The
which, instead of columns, are placed pilasters of space behind the second corridor is divided by
the Corinthian order; and the wall between them   eighty walls, radiating inwards from the inner piers
is pierced with windows, in the alternate interco-  of the second corridor; which support the struclumniations only, and therefore, of course, forty in  ture, and between -which are partly staircases leadnumber.  The whole is crowned with a bold en-  ing to the upper stories, and partly passages leadtablature, which is pierced with holes above the  ing into a third corridor, which, like the first and
brackets which supported the feet of the masts  second, runs round  the whole  building.  Beupon which the velariuem or awning was extended:  yond this corridor the radiating walls are again
and above the entablature is a small attic. The total continued, the spaces between them  being occuheight of that part of the building which remains  pied, as before, partly by staircases leading on the
entire, namely, about three-eighths of the whole  one side to the podiZmrn, and on the other to the
circumference, is 157 feet: the stories are respec-  lower range of seats (nsaenianmmn), and partly hy
tively about 30, 38, 38, and 44 feet high.  The  passages leading to a fourth continuous corridor
massiveness of the crowning entablature, the height much lower and smaller than the others, which
of the upper story, and the great surface of blank  was divided from  the arena by a massive wall
wall in its intercolumniations, combine to give the  (called podium), the top of which formed the place
elevation a somewhat heavy appearance; while  assigned to the spectators of the highest rank.
the projecting cornices of each story, intercepting  From  this fourth corridor there are several enthe view from below, take off very much from the  trances to the arena; and it is most probable that
apparent height of the building.  Indeed, it would  the whole of the corridor was subservient to the
be a waste of words to attempt to specify all the  arrangements of the arena.  (See the lower rightarchitectural defects of the composition.          hamd quarter of the plan, and the section.)  On




AMPHITHEATRUM.                                    AMPHITHEATRUM.                  87
the second story we have the two outer colon-  was also pierced with windows.  Above the outer
nades repeated, and the radiating walls of the  corridor of this story is a mezzanine, or small
first block are continued up through this story; middle story, in front of which and above the
and between them are staircases leading out on to  inner colonnade were a few  tiers of wooden
the second range of seats, and passages leading  benches for the lowest class of spectators.  Above
into a small inner corridor, from which access is ob- this mezzanine was a gallery, which ran right
tained to a sort of terrace (praecizctio) which runs round the building, and the front of which is supround the building between the first and second  posed to have been formed by a range of columns.
ranges of seats, and increases the facilities for the  It seems that the terrace formed by the top of
spectators getting to their proper places.  Sloping  this gallery would be also available for spectators.
down from this praecinctio to the level of the top of And, lastly, the very summit of the wall was
the podiu2n, and supported by the inner series of formed into a sort of terrace which was, no doubt,
radiating walls, are the lower series of seats.  On  occupied by the men who worked the ropes of the
the third story (above the floor of which the details  velarium. The doors which opened from the stairare almost entirely conjectural), we have again  cases and corridors on to the interior of the amthe double colonnade, the inner wall of which  phitheatre were designated by the very appropriate
rises immediately behind the top of the second  name of vomitoria.  The whole of the interior was
range of seats, with only the interval of a narrow   called cavea.  The following section (from Hirt)
praecinctio, to which access was given by nu-  exhibits these arrangements as clearly as they can
merous doors in the wall just mentioned, which  be shown without the aid of perspective.
=''-O.o.
SECTION OF THE CORR1DORS, STAIRS, AND SETSo
I. II. III. I V. The four stories of the exterior. B. The space on the summit of the wall for the
A. The arena,                      managers of the velarium.
AB. The podium.                                  Z. The steps which surrounded the building on
C. D. 14. F.  The four corridors              the outside.
a0. I-T. L The three maenialna.                  a. Stairs from the third colonnade to the poK. The upper gallery; L. The terrace over it    dium                     4
G 4




88          AMPIIITHEATRUM.                                    AIMPIIITIHEATRUIM.
b. Short transverse steps from the podium to the  marble seats, was appropriated to the equestrian
first maenianum.  (Compare the plan.)              order.  The seats appropriated  to the senators
c, d. Stairs from the ground story to the second; and equites were covered with cushions  (pulwhence the second maenianum  was reached in  villis), which were first used in the time of Catwo ways, e. and g.                                ligula.  (Juv. Sat. iii. 1.54; Dion, lix. 7.)  Then,
e. Steps to the first praecinctio, from which there  after a horizontal space, termed a praecinctio, and
were short transverse steps (fi) to the second mae-  forming a continued landing-place from the sevenianum.                                            ral staircases which opened on to it, succeeded the
p. Stairs leading direct from the corridors of the  second maenianurn, where were the seats called
second story to the second maenianum, through  popularia (Suet. Domitian. 4), for the third class
the vomitorium a.                                  of spectators, or the poplu12s.  Behind this was the
h. Stairs leading from the floor of the second  second praecinctio, bounded by the high wall alstory to the small upper story, whence other stairs  ready mentioned; above which was the third
(3) led to the third story, from which access was  zaenianumz, where there were only wooden benches
obtained to the upper part of the second maenia. for the pellacti, or common people. (Suet. Octav.
nuIn by doors (a) in the inner wall of the second  44,)  The open gallery at the top was the only
corridor q.                                        part of the amphitheatre, in which women were
k. Stairs from the second story to the mezza- permitted to witness the games, except the vestal
nine, or middle story, whence access was obtained  virgins, and perhaps a few ladies of distinction and
to the third maenianum by passages (y).     i       nfluence who were suffered to share the space
1. Stairs in the mezzanine, leading to the upper  appropriated to the vestals (Suet. Octav. 44).  The
part of the third maenianum, and to the gallery I.  seats of the maeniana  did not run in unbroken lines
m. Steps from the gallery to the terrace over it.  round the whole building, but were divided into
n. Steps from that terrace to the summit.       portions called cunei (from their shape), by short
o. p. Grated openings to light the two inner  flights of stairs which facilitated the access to the
corridors.                                        seats.  (Suet. Oct. 44; Juv. Sat. vi. 61.)  See
q. See under h.                                 the plan, and the annexed section of a small portion
s. Windows to light the mezzanine.               of the seats.
t. Windows of the gallery.
v. Rest, and w. loop, for the masts of the velariun g.
The arena was surrounded by a wall of sufficient height to guard the spectators against any
danger from the wild beasts, namely about fifteen
feet.  A  further protection was afforded, at least
sometimes, by a network or trellis of metal;
and it is mentioned, as an instance of the profuse
ostentation which the emperors were so fond of
displaying, that Nero, in his amphitheatre, had this
trellis gilt, and its intersections ornamented with
bosses of amber.  (Plin. IS. N. xxxvii. 3. s. 11.
~ 2). The wall just mentioned appears to have
been faced with marble, and to have had rollers
suspended against it as an additional protection
against the possibility of the wild beasts climbing
it.  (Lips. de Ampzh. 12.)  The terrace on the top   Not only were the different ranges of seats apt
of this wall, which was called podizum  (a name  propriated to different classes of spectators, but it
sometimes also applied to the wall itself), was  is pretty certain also that the different cznei of
no wider than to be capable of containing two,  each mnaenianuea were assigned to specific portions
or at the most three ranges of moveable seats, or  of the people, who were at once guided to their
chairs.  This, as being by far the best situation  places by numbers placed over the external arches
for distinctly viewing the sports in the arena, and  by which the building was entered: these numbers
also more commodiously accessible than the seats  still exist.  The office of preserving order in the
higher up, was the place set apart for senators  distribution of the places was assigned to attendand other persons of distinction, such as the am- ants called locarii, and the whole management was
bassadors  of foreign  states  (Suet. Octav. 44; under the superintendence of the villicus anpliJuv. Sat. ii. 143, &c.); the magistrates seem  to  theatr/i.
have sat here in their curule chairs (Lipsius de    It only remains to describe  the  arcena, or
Amph. 11); and it was here, also, that the emperor  central open space for the combatants, wlich dehimself used to sit, in an elevated place called  rived its name from  the sand with which it was
suggjestus (Suet. (aes. 76; Plin. Paneg. 51), or  covered, chiefly for the purpose of absorbing the
cubiculunz (Suet. Nero, 12); and likewise the per-  blood.  Such emperors as Caligula, Nero, and
son who exhibited the games, on a place elevated  Carinus, showed their prodigality by using cinnalike a pulpit or tribunal (editoris tribunal).  The  bar and borax instead of the common sand.  It
vestal virgins also appear to have had a place  was bounded, as already stated, by the wall of the
allotted to them on the podium. (Suet. Octav. 44).  podi/Lm, but in the earlier amphitheatres, in which
Above the podium were the gradus, or seats of the pod/iucm was probably not so lofty, there were
the other spectators, which were divided into stories  ditches (eucripi) between it and the arena, which
called snaeniana.  The whole number of seats is  were chiefly meant as a defence against the elesupposed to have been about eighty.  The first phants.  The euripi were first made by Julius
rmsaenianulmm, consisting of fourteen rowvs of stone of Caesar, and were dispensed with by Nero, in




AMPHITHEATRUM..                                     AMPItITIIEATRIUM.                 89
order to gain space for the spectators.  (Suet. Caes.    The luxurious appliances of fountains of scented
39; Plin. II. N. viii. 7 * Lipsius de Amwple. 12.)    water to refresh the spectators, and so forth, aro
The space of the arena was entirely open, ex-  sufficiently described in the passage already quoted
cept that perhaps there was, in the centre, an altar  from Gibbon.  (Comlp. Lucan. ix. 808).
of Diana, or Pluto, or of Jupiter Latiaris, on which,    III. Otlher Ansplhtlleatres. -  The Flavian amit is inferred from  some passages of the ancient phitheatre, as has been already stated, was, firom
authors, that a bestiarius was sacrificed at the open-  the time of its erection, the only one in Rome;
ing of the games; but the evidence is very slight,  for the obvious reason that it was sufficient for the
(Lips. (te Amph. 4.)  There were four principal  whole population.  The little Amphitheatrum Carsentrances to it, at the extremities of the axes of trense was probably only intended for the soldiers
the ellipse, by passages which led directly from   of the guard, who amused themselves there with
the  four corresponding arches of the exterior:  fights of gladiators.  But in the provincial cities,
there were also minor entrances through the wall and especially the colonies, there were many amof the poliunt.  There is a difficulty about the  phitheatres.  Indeed, it is not a little interesting
position of the dens of the wild beasts.   The  to observe the contrast between the national tastes
rapidity with which vast numbers of aninmals were  of the Greeks and Romans, which is indicated by
let loose into the arena proves that the dens must the remains of theatres in the colonies of the
have been close to it.  The spaces under the seats  former, and of anphitheatres in those of the latter.
seem to have been devoted entirely to the passage  The immense expense of their construction would,
of the spectators, with only the exception of the  however, naturally prevent the erection of many
innermost corridor, the entrances from  which to  such buildings as the Colisaeum.  (Cassiod. Ep12.
the arena suggest the probability that it was sub-  v. 42.)  The provincial amuphitheatres were, prosidiary to the arena; but, even if so, it was pro-  bably, like the earlier ones at Rome itself, genebably used rather for the introduction and removal rally built of wood, such as those at Placentia
of the animals, than for their safe keeping.  Some  and Fidenae, already mentioned. Of these wooden
have supposed denls in the wall of the podiume: amphitheatres there are of course no remains;
but this is quite insufficient.  In the year 1813, but in several of the larger cities of the Roman
the arena was excavated, and extensive substruc-  empire there ale important ruins of large amtions were discovered, which, it has been supposed, phitheatres of stone.  The principal are those at
were the dens, from which the animals were let Verona, Paestum, Pompeii, and Capua, in Italy;
loose upon the arena through trap-doors.   The  at Nimes, Aries, and Frejus, in France; at Pola,
chief difficulty is to reconcile such an arrange-  in Istria; at Syracuse, Catania, and some other
ment with the fact that the arena was frequently  cities in Sicily.  They are all constructed on the
flooded and used for a naval combat, and that too  same general principles as the Colisaeumn, from
in the intervals between the fights of wild-beasts. which, again, they all differ by the absenice of
(Calpurn. Eclog. vii. 64, 73: the whole poem is a  the outermost corridor; and, consequently, their
very interesting description of the games of the  height could not have exceeded  three stories;
amphitheatre.)  [NAUMACIIIA.]  All that can be  while some of them only had two.  Of the Verosaid with any approach to certainty is, that these  nese amphitheatre, the outer wall and colonnade
substructions were either dens for the animals, or are entirely gone, excepting four arches; but the
channels for water, and possibly they may have  rest of the building is almost perfect.  WVhen
been so arranged as to combine both uses, though  complete, it had seventy-two arches in the outer
it is difficult to understand how this could have  circle, and, of course, the stale number of radiating
been managed.  The only method of solving the  walls, with their passages and staircases;  the
difficulty in those cases in which a naucmacica took  lengths of the axes of the outer ellipse were 500
place betoween the venationes, appears to be, to  and 404 feet, those of the arena, 242 and 146.
assume that the animals intended for the second  It was probably built under Domitian and Nerve.
v;enstio were kept in the innermost colonnade, or  (Maffei, iVerona  IllustratC.)  The next in importin dens in its immediate vicinity during the nane- ance is that at Nimes, the outer dimensions of
maclsia; unless, which seems to us quite incredi-  which are computed at 434 by 340 feet.  " The
ble, there was any contrivance for at the same  exterior wall, which is nearly perfect, consists of
time admitting the air to, and excluding the wvater a ground story and upper story, each pierced with
from, their cells beneath the arena.  In the am- sixty arches, and is surmounted by an attic.  Its
phitheatre at Verona, there are remains of channels  height, from the level of the ground, is above 70
for water under the arena, communicating with an  English feet.   The lower or ground story is
opening in its centre; but some antiquaries believe  adorned with pilasters, and the upper with Tuscan
thiat these were only intended for draisning off the  or Doric columns.  The attic shows the holes
rain water.                                        destined to receive the posts on which was stretched
It is unnecessary to attempt a detailed descrip- the awning that covered the amphitheatre.  The
tion of the statues and other ornaments with which  rows of seats are computed to have been originally
the amphitheatre was adorned; but the velarium,, 32 in number.  There were four principal ellor awning, by which the spectators were sheltered  trances.  The amphitheatre has been computed to
from  the sun, requires some explanation, which  hold 17,000 persons: it was built with great
will be found under VELUAI.  The space required  solidity, without cement."  (Pen. Cyclop. art.
for the working of the velaeium, and the height N2ines.)  That at Aries was three stories high,
necessary for keeping it from bending down by  and has the peculiarity of being built on uneven
its own weight so low as to obstruct the view from  ground, so that the lowest story is, for the most
the upper benches, are probably the reasons for  part, below the level of the surface, and the printhe great disproportion between the height of the  cipal entrances are en the second story.  (For a
upper part of the amphitheatre, and the small detailed  description, see  Guis, Descsii tion de
number of spectators accommodated in that part.   lAe7e Sii/t1re d'lAdes, 1665; and l'en. CGgclcp.




90               AMPHORA.                                         AMPHORA.
art. Aries.)  Both these amphitheatres belong pro-    The usual material of the amphora was earthenbably to the time of the Antonines.  (Maftei, de  ware (Hor. de Ar. Poit. 21), whence it was also
Amph. Gall.)  The amphitheatre at Pola stands  called testa (carm. i. 20. 2): but Homer mentions
on the side of a hill, and is higher on one side than  them of gold and of stone (E. xxiii. 92; Od. xxiv.
on the other.  There is little to remark respecting  74, xiii. 105): and in later times glass amphorae
the other amphitheatres, except that a fragment of were not uncommon (Petron. 34); several have
an inscription, found in that at Capua, informs us  been found at Pompeii: Nepos mentions, as a great
that it was built under Hadrian, at the cost of rarity, amphorae of onyx, as large as Chian cadi
the inhabitants of the city, and was dedicated by  (ap. Plin. H. N. xxxvi. 7. s. 12).  The amphora
Antoninus Pius; and, concerning that of Pompeii, was often made without handles.  The name of
that the earthquake, which preceded the eruption  the maker, or of the place of manufacture, was someby which the city was buried, injured the amphi-  times stamped upon them: this is the case with
theatre so much, that antiquarians have been dis- two in the Elgin collection, Nos. 238 and 244.
appointed in looking for any new information from  [FIcTILE.]
it; there is an excellent description of it in the    Amphorae were used for the preservation of
work entitled Pompeii, vol. i. c. 9. There are traces various things which required careful keeping,
of amphitheatres of a ruder kind, chiefly of earth, such as wine, oil, honey, grapes, olives, and
in various parts of our own country, as at Dor-  other fruits (Hom. II. xxiii. 170; Cato, R. R. x.
chester, Silchester, Caerleon, and Redruth.      2; Colum. 1. R. xii. 1 6, 47; Hor. Epod. ii. 15;
IV. Uses of the Amiphitheatre. - This part of Cic. c. Verr. iv. 74); for pickled meats (Xen. Ahlab.
the subject is treated of under GLADIATORES, V. 4. ~ 28); ald for molten gold and lead (Herod.
NAUMACHIA, and VENATIONES.  This is not the  iii. 96; Nepos, I-Iann. 9). There is in the British
place to discuss the influence of the spectacles of Miuseum  a vessel resembling an amphora, which
the amphitheatre on the character and destinies  contains the fine African sand used by the athleof the Roman people: some good remlarks on the  tae.  It was found, with seventy others, in the
subject will be found in the Library of Entertain-  baths of Titus, in 1772.  Respecting the use of
ing Knowledge, ]"Ienajersies, vol. ii. c. 12.  [P. S.]  the amphora in the streets of Rome, see Petron.
AMPIHOMO"SIA.  [AMPHIORIKIA.]                  70, 79; Piopert. iv. 5. 73; Macrob. Sat. ii. 12
AM'PHIORA (d,eaopdEs, old form &ldvpmopEVs, and the commentators on Lucretius, iv. 1023.
Hoem. I. xxiii. 107; Od. x. 164, et alib.; Schol.  Homer and Sophocles mention amphorae as used
in Apoll. Rhod. iv. 1187; Simon. in Anth. Pal.  for cinerary urns (Il. xxiii. 91, 922; Soph. Fr.
xiii. 19). A large vessel, which derived its name  303, Dind.); and a discovery was made at Salona,
from its being made with a handle on each side of in 1825, which proves that they were used as
the neck (from  d&uip, on both sides, and qpepc to  coffius: the amphora was divided in half in tihe
carry), whence also it was called diota, that is, a  direction of its length to receive the corpse, and
vessel with tzoo ears (8icoros,  icwTros o'TrdVYos or the two halves were put together again and buried.IcLsrlcos, Plat. IHipp. il/aj. p. 288, d.; Ath. xi. in the earth: the skeletons were found still entire.
p. 473; Moeris s. v. &ldpopa; Hor. Cares. i. 9.  (Steinbiichel, Alterthumz. p. 67.) Amphorae of par8). The form and size varied, but it was generally  ticular kinds were used for various other purmnade tall and narrow, and terminating in a point, poses, such as the amphora nasiterna for irrigation
which could be let into a stand or into the ground, (Cato, R. R. 11. ~ 3), and the amphiora spartea,
to keep the vessel upright; several amphorae  have  which was perhaps a wicker amphora for gatherbeen found in this position in the cellars at Pom-  ing grapes in.  (Ibid. ~ 2.)
peii.  The following cut represents amphorae from  The most important employment of the amphora
the Townley and Elgin collections in the British  was for the preservation of wine: its use for this
NIuseum.                                        purpose is fully described under VINum.  The
following woodcut, taken from a painting on the
wall of a house at Pompeii, represents the mode of
filling the mnphora from a wine-cart.
There is an interesting account of the use of
the amphora among the Egyptians,  in Sir G. Wilv
kinson's Ancient Egyptians, vol. ii. pp. 157 —160.




AMPYX.                                          AMUSSIS.                   91
The name amphora was also applied both by
the Greeks and the Romans to a definite measure
of capacity, which, however, was different among
the two peoples, the Roman amphora being only  
two-thirds of the Greek &4popsis.  In both cases
the word appears to be an abbreviation, the full
phrase being in Greek  /rpopseis jIerprr177S   (thle
standard amphora), and ill Latin  amphora qua-              Idrantal (the cubic anzphora). Respecting the mea-       /      X
sures themselves, see METRETES, QUADRANTAL.                 efA
At Rome a standard amphora, called amphora              9
Capitolina, was kept in the temple of Jupiter on
the Capitol (Rhemn. Fann. de Pond. 61; Capitol.           / 
ollaxim. 4).  The size of ships was estimated by       /          /
amphorae (Cic. ad Fano. xii. 15; Liv. xxi. 63);                  /1
and the produce of a vineyard was reckoned by
the number of anmphorae, or of culei (of twenty  poses the men to have worn frontals in Lyamphorae each), which it yielded.     [P. S.]    dia.  They appear to have been worn by the
AMPLIATTIO.  [JUDICIUMa.]                     Jews and other nations of the East.  (Deut. vi. 8,
AMPULLA  (7KUcvOos, )oagc6Xtos), a bottle, xi. 18.)                                 [J. Y.]
usually made either of glass or earthenware, rarely    AMULE'TUM  ( repia7r'rov, wreptapgta, pvuAaof more valuable materials.  Bottles both of glass  ICTriplo), an amulet. This word in Arabic (Hamaand earthenware are preserved in great quantities  let) means that which is suspended. It was probably
in our collections of antiquities, and their forms brought by Arabian merchants, together with the
are very various, though always narrow-mouthed, articles to which it was applied, when they were
and generally more or less approaching to globular. imported into Europe from the East.  It first occurs
From  their round and swollen shape, Horace ap- in the Natural History of Pliny.
plies the word, as the Greeks did  *tcvOos, to    An amulet was any object - a stone, a plant,
indicate grand and turgid, but empty, language. an artificial production, or a piece of writing -
(HIor. Ep. i. 3. 14, de A?. Po't. 97.)  Bottles were  which was suspended from  the neck, or tied to
used for holding all kinds of liquids, and are men- any part of the body, for the purpose of counteracttioned especially in connection with the bath. ing poison, curing or preventing disease, warding
Every Roman took with him to the bath a bottle  off the evil eye, aiding women in childbirth, or
of oil (amnpulla olearia), for anointing the body  obviating calamities and securing advantages of
after bathing, and as such bottles frequently con- any kind.
tained perfumed oils we read of amnpullae cosminanae.    Faith in the virtues of amulets was almost uni(Mart. iii. 82. 26.) A bottle of this kind is figured  versal in the ancient world, so that the whole art
under BALNEUM.                                   of medicine consisted in a very considerable degree
The dealer in bottles was called ampullarius, of directions for their application; and in proporand part of his business was to cover them  with  tion to the quantity of amulets preserved in our
leather (coriuno).  A bottle so covered was called  collections of antiquities, is the frequent mention of
ampulla rubidla. - (Plaut. Rud. iii. 4. 51, Stich. ii. 1. them in ancient treatises on natural history, on the
77, compared with Festus, s. v. Rubida.)         practice of medicine, and on the virtues of plants
AMPYX, AMPYCTER (actruv, &/arvw'sp), and stones.  Some of the amulets in our museums
called by the Romans frontale, was a broad band  are merely rough unpolished firagments of such
or plate of metal, which Greek ladies of rank wore  stones as amber, agate, cornelian, and jasper;
upon the forehead as part of the head-dress.  (II. others are wrought into the shape of beetles, quadxxii. 468-470; Aeschyl. Supp. 431; Theocr. i. rupeds, eyes, fingers, and other members of the
33.) Hence it is attributed to the female divinities. body.  There can be no doubt that the selection
Artemis wears a frontal of gold (XpurxEa~' t/hxrzrca, of stones either to be set in rings, or strung toEurip. Hec. 464); and the epithet Xpvco-rdvruces is gether in necklaces, was often made with reference
applied by Homer, Hesiod, and Pindar to the  to their reputed virtues as amulets.  (Plin. H. r.
Muses, the I-Iours, and the Fates.  From the ex- xxv. 9. s. 67, xxix. 4. s. 19, xxx. 10. s. 24., xxxvii.
pression TYV KCUvas'runmca O~jga, in a fragment of 8. s. 37.)  [FAsCINus.]             [J. Y.]
Pindar, we may infer that this ornament was    AMUSSIS or AMUSSIUM, a carpenter's
sometimes made of blue steel (mi5avos) instead of and mason's instrument, the use of which was to
gold; and the Scholiast on the above cited passage  obtain a true plane surface; but its construction
of Euripides asserts, that it was sometimes en- is difficult to make out from the statements of the
riched with precious stones.                     ancient writers.  It appears clearly from Vitruvius
T/efirontal of a horse was called by the same  (i. 6. ~ 6) that it was different from the reguta
name, and was occasionally  made  of similar  (straight rule), and fiom the libella (plumbline or
rich materials.  Hence, in the Iliad, the horses  square), and that it was used for obtaining a truer
which draw the chariots of Hera and of Ares are  surface, whether horizontal or perpendicular, than
called Xpvoa/7rurvces.                          those two instruments together would give.  It is
The annexed woodcut exhibits the frontal on the  defined by the grammarians as a regula or tabzla,
head of Pegasus, taken from one of Sir William   made perfectly plane and smooth, and used for
lHamilton's vases, in contrast with the correspond-  making work level and for smoothing stones (Regula
ing ornament as shown on the heads of two females  ad quams aliquid exaeqsuatmz, Festus, s. v.; anmussis est
in the same collection.                          aequamsentuos levigatum, et est apud fabros tabdcla
Frontals were also worn by elephants.  (Liv. quaedamn, quca utuZsntur ad saxa levsiyanda, Varr. ap.
xxxvii. 40.)  Hesychius (s. v. AvilT Nou",) sup- Non. i. 28); and another grammarian very clearly




92                ANAKEIA.                                           ANAKRISIS.
describes it as a plane surface, covered withl red  the Athenians, probably on the occasion of this
ochre, which was placed  on work, in order to  festival, used to prepare for these heroes in the
test its smoothness, which it of course did by  Prytaneium  a meal consisting of cheese, a barleyleaving the mark of the red ochre on any pro-  cake, ripe figs, olives, and garlic, in remembrance
jections.  (Amussis est tabusla rubricatcs quae de-  of the ancient mode of living.  These heroes
mitftitur examinansdi operis gratia,  an rectut   opus  however, received the most distinguished honours
sargat, Sisenna, ap. Clharis. ii. p. 178, Putsch).  in the Dorian and Achaean states, where it may
There was also a difference of opinion among the  be supposed that every town celebrated a festival
grammarians, whether the amussis was only an  in their honour, though it may not have been under
instrument for trying a level, or a tool for actually  the name of &dcsELma.  Pausanias (x. 38. 3) menmaking one (Festus, s. v. Examnussin). The amus- tions a festival held at Amphissa, called that of the
sis was made sometimes of iron (Fest. ibid.), and  dvarwco 7rari/W,: but adds that it was disputed
sometimes of marble (Vitruv. I. c.).  It gives rise  whether they were the Dioscuri, the Curetes, or the
to the adverbs amlussim, adaniztssim, and exacczus-  Cabeiri. (K. F. Hermann,Lehlrb. d. gottesdienst. Alsnm, meaning with perfect regularity and exact- testz.. d. dGriecien, ~ 62. n. 27.)        [L. S.]
ness.  (See Forcellini, Lexicon.)      [P. S.]       ANAKEI'MENA (l/aeEs,/.3'a). [DON\ARrA.]
AMU'SSIUM.  [AMussis.]                             ANAKLETE'RIA  (&YeatckXTrptma), the narme
ANADE'MA.  [MITRA.]                              of a solemnity at which a young prince was proANADI'KIA  (&vadlia).  [APELLATIO.]              claimed king, and ascended the throne. The name
ANA'GLYPHA  or ANAGLYPTA   (&v,-  was chiefly applied to the accession of the Ptolemaic'Xvbpa, dcsciyAv'ra), chased or embossed vessels  kings of Egypt.  (Polyb. Reliq. xviii. 38, xxviii.
made of bronze or of the precious metals, which  10.)  The prince went to 2MIemphis, and was
derived their name from the work on them being  there adorned by the priests with the sacred
in relief, and not engraved.  (Plin. ILr. N'. xxxiii.  diadem, and led into the temple of Phtha, where
11. s. 49; Virg. Aenm. v. 267; Martial. iv. 39; he vowed not to make any innovations either in
C.AELATURA   ToREUTICE.)  The name was also  the order of the year or of the festivals.  He then
applied to sculptured gems.             [P. S.]    carried to some distance the yoke of Apis, in order
ANAGLYPTA.  [ANTAGLYPHA.]                       to be reminded of the sufferings of man.  ReANAGNOSTAE, also called Lectores, were  joicings and sacrifices concluded the solemnity.
slaves, who were employed by the educated Romans  *(Diod. Firacz. lib. xxx.)              [L. S.]
in reading to them during meals or at other times.    ANAKLYPTE'RIA.  [MATRIMONIV:U.           ]
(Cic. aditt. i. 12; Corn. Nep. Att. 14; Plin. Ep.    ANA!KRISIS   ( cpioK,oiIs), the preliminary
i. 15, iii. 5, ix. 36.)                            investigation of a case by a magistrate or archon,
ANAGO'GES DIKE' (&Yc'yc'y5s 8iucs).  If  before it was brought before the courts of justice
an individual sold a slave who had some secret at Athens.  For the purpose of ascertaining whedisease-such, for instance, as epilepsy- without ther the action would lie, both parties, the cominforming the purchaser of the circumstance, it plainant and defendant, were  summoned, sepawas in the power of the latter to bring an action  rately, and if either of them did not appear withagainst the vendor within a certain time, which  out a formal request to have the matter delayed
was fixed by the laws.  In order to do this, he had  (6ircpo0ila), he tacitly pleaded guilty, and accordto report (ava&yeL) to the proper authorities the  ingly lost the suit. (Demosth. c. T/leocr. p. 1324.)
nature of the disease; whence the action was called  The anacrisis began by both the plaintiff and the
&avmyyars 8iKrl. Plato supplies us with some inform-  defendant taking an oath, the former thereby atation on this action; but it is uncertain whether  testing that he had instituted the prosecution with
his remarks apply to the action which was brought truth and conscientiousness (irpoopluooria), and the
in the Athenian courts, or to an imaginary form of latter, that to the best of his knowledge he was
proceeding.  (Plat. Leg. xi. p. 916; H-esych. s. v. innocent (&arrcmoioa). (Timaeus, Lex. PlAt. p. 38,
a~vayooyi: Suid. s. v. veaywyo7, E'CyoecOte: Meier, with Ruhnken's note; Diog. Laert. ii. 40; Plat.
Att. Process, p. 525.)                             Apol. Socr. 3.)  It was further promised by both,
ANAGO'GIA ((Uvaycyiea), afestivalcelebrated  that the  subsequent prosecution  and  defence
at Eryx, in Sicily, in honour of Aphrodite.  The  should be conducted with fairness and justice.
inhabitants of the place believed that, during this  (Harpocrat., Suid., Htesych. s. v. a&'To/oa:
festival, the goddess went over into Africa, and  Pollux, viii. 122.)  If the defendant did not
that all the pigeons of the town and its neigh-  bring forward any objection to the matter being
bournhood likewise departed and accompanied her. brought before a court of justice, the proceeding
(Aelian, Hist. An. iv. 2, V. IT. i. 14; Athen. ix. was termed eiOvuucia. (Demosth. c. P/mors. p. 908,
p. 394.)  Nine days afterwards, at the so-called  c. Step/c. p. 1103.)  Such objections might be
caeraycyeta (return), one pigeon having returned  raised in regard to the incompetency of the court
iand entered the temple, the rest followed. This was  to which the matter was to be referred, or in regard
the signal for general rejoicing and feasting.  The  to the form in which the accusation was brought
whole district was said at this time to smell of forward, and the like (Lys. c. Panel. p. 732
butter, which the inhabitants believed to be a  Pollux, viii. 57); they were always looked upon
sign that Aphrodite had returned.  (Athen. ix. with suspicion (Demosth. c. Leocni. p. 1097, p.
p. 395; comp. K. F. Hermann, Lelsrb. d. pottes-  Phomen. p. 944); but, nevertheless, they were not
dienst. Alterth. d. Griectlen, ~ 68. n. 29.)  [L. S.]  unfrequlently resorted to by defendants, either in
ANAKEIA (&rdicEma) or ANAKEION  (&vd- the form of a  amtLapprvpia, or that of a reapaypaepn.
IemOIE), a festival of the Dioscuri, or'AVKTcres, as  In the case of a 8iauaprTupia, the plaintiff had to
they were called, at Athens.  (H-Iesych. vol. i. bring forward witnesses to show  that the obp. 325; Pollux, i. 37.)  Athenaeus (vi. p. 235) jections raised by the defendant were unfounded;
mentions a temple of the Dioscuri called'AY&CeilOv, and if this could not be done, the defendant had a
at Athens; he also informs us (iv. p. 137) that right to bring' witllesses to show' that his objections




ANAKRISIS.                                         ANAKRISIS.-                  93
were fauleded on justice, and in accordance with  the signature of some public officer or scribe to
the laws.  But each of the litigant -parties might attest the correctness of the copy.
denounce the witnesses of his opponent as false    Other legal documents, such as contracts (ota,witnesses, and thus a secondary lawsuit might be  Oicmat, rvyypapaf), wills, books of accounts, and
interwoven with the principal one.  If the 6aiexap- other records (Demosth. p. P/1ornm. p. 950), not
TTvpla was resorted to in a civil case, the party who  only.required the signature and seal of the party
made use of it had to deposit a sum  of money  concerned, but their authenticity had to be attested
(crapatcaraeoAo), and when the plaintiff lost his by witnesses.  (Demosth. e. Onet. p. 869).
suit, he lhad to pay to the defendant a fine for    Evidence (peaprvpta) was given not only by freehaving raised an accusation without foundation. born and grown-up citizens, but also by strangers
In lawsuits about the succession to the property of or aliens (Demosth. c. Lacrit. pp. 927, 929, 930,
a person, the 8&aseaprLupa was the cnly form  in  937), and  even from  absent persons evidence
which  objections  could  be raised.   (Bekker, might be procured (Ecteaprvpta, Demosth. c. Slepl..
Anecdlot. p. 236.)  The 7rapaypacpa  was an ob- p. 1130; Pollux, viii. 36), or a statement of a
jection in writing, which was made by the de- deceased person  might be referred  to  (&cKOv
fendant, without his employing any witnesses,.apTrvpev, Demlosth. c. Step/. p. 1130, c. Leoeh.
and which was decided upons in court; and ill p. 1097).  If any one was called upon to bear
this, also, the loser had to pay a fine to the party  witness (McMxrVEdes), he could not refuse it; and
that gained the suit.  (Pollux, viii. 58.)  When  if he refused, he might be compelled to pay a fine
the plaintiff gained his case, the prosecution pro- of 1000 drachmae (Demosth. de Fals. Leg. pp. 396,
ceeded ill its regular course.  The,-'rvypaaq, 403; Aeschin. c. Timocr. p. 71), unless he could
however, night be sonlething more than a mere  establish by an  oath (watoaoofia), that he was
objection, inasmuch     as the defendant might turn  unable to give his evidence in the case.  Any one
against the plaintiff, and raise an accusation against who had promised to bear witness, and afterwkrds
him.  Such an accusation very commnonly con- failed to do so, became liable to the action of 81c?7J
sisted in the defendant charging his accuser with  AXeuropAaprvupo ov or PX3s~Vs.  The evidence of anl
having no right to claim  the privileges of anl  avowed friend or enemy of either party might be
Athenian citizen, in consequence of which the  rejected. (Aeschin. c. Timoce. p. 72.)  All evilatter was prevented from exercising those privi-  denuce was either taken down in writing as it was
leges until he had established his claims to them. given by the witnesses, or in case of its having
This kind of &Y'vrypac1p   was frecuently a mere  been sent in previously in writing, it was read
device to annoy the plaintiff.                     aloud to the witness for his recognition, and he
These are, in general, the proceedings in the  had generally to confirm his statement by an oath.
a'clcpaes: and from what thus took place, it is  (Demosth. c. Steph. pp. 1115, 1119, 1130, c. Con.
clear that the main part of the evidence on both  p. 1269; comp. Diog. Laert. iv. 7.)  The testisides was brought out in the &,cdlrpit-s, and at the  mnony of slaves was valid only when extorted by
regular trial in court the main object was to work  instruments of torture, to which either one party
upon the minds of the judges through the in- might offer to expose a slave, or the other might
fluecice of the orators, with reference to the evi- demand the torture of a slave.  (Demosth. c. 1idence brought out in the aaKtpie-Ls.  The latter, costr. p. 1254, c. Ap7ob. p. 855, e. Onet. p. 874,
therefore, consisted of the simple evidence which  c. Steph. p. 1135.)
required no oratorical discussion, and which was    A  distinct oath was required in cases where
contained, -  1. in laws; 2. in documents; 3. in  there were no witnesses or documents, but it has
the statement of free witnesses; 4. in the state-  been remarked above that oaths were also taken to
ment of slaves; and 5. in oaths.  In all these  confirm the authenticity of a document, or the truth
kinds of evidence, one party might have recourse  of a statement of a witness.  [JusJUItANDUTM.]
to the srpoccX0ro-is, that is, call upon the other    If the evidence produced was so clear and saparty to bring forward such other evidence as was  tisfactory, that there was no doubt as to who was
not already given.  (Demostlh. c. Steph. p. 1006, right, the magistrate could decide the case at
c. T/eocr. p. 987, c. Panten.e. p. 978.)  There was, once, without sending it to be tried in a court.
however, no strict obligation to comply with such  During the anacrisis as well as afterwards in the
a demand (Demosth. c. Olyscp. p. 1181), and in  regular court, the  litigaut parties might settle
certain cases the party called upon might, in ac- their dispute  by an amicable arrangemnellt.  (Decordcance with established laws, refuse to comply  mosth. c. Tleocrs i. p. 1323, c. Mlid. p. 529; Aeschin.
with the demand; for instance, persons belonging  de  Fcls. Leg. p. 269; Pollux, iii. 143.)  But if
to the same family could not be compelled to ap- the plaintiff; in a public matter, dropped his accupear as witnesses against one another.  (Demosth.  sation, he became liable to a fine of 1000 drachc. Timis. p. 1195.)  But if the reading of a docu-  mnae, and incurred partial atimia; in later tines,
mesit, throwing light upon the point at issue, was  howeves, this punishnlent was not always inlflicted,
refused, the other party might bring inl a 8i1? Els  and ill civil cases the plaintiff only lost the sum
E,fuYave i KrTdJTeieTUV.                           of isoner which he had deposited.  When the
In regard to the laws which either party might parties did not come to an understanding during
adduce in its support, it must be observed, that the anacrisis, all the various kinds of evidence
copies of them  had to be read in the anacrisis, brought forward were put into a vessel called
since it would have been difficult for ally magis-  EXvos, which was sealed and entrusted to some
gistrate or judge to fix, at once, upon the law or officer to be kept until it was wanted on the day
laws bearing upon the question at issue.  In what of trial. (Demosth. c. Olyss7p. p. 1173; Sclol. ad
manner the authorities were enabled to insure  Aristopi. Flesp. 1427.)  The period between the
faithful and correct copies being taken of the laws, conclusion of the preliminary investigation and until
is not known; but it is highly probable that any  the maltter was brought before a court, was conone who took a copy in the archives, had to get sidered to belong to the anacrisis, and that period




94            ANAXAGO REI A.                                         ANGARIA.
was differently fixed by law, according to the    ANCHISTEIA (&yXowEi'a).  [tlIn.E.]
nature of the charge.  In cases of murder, the    ANCI LE.  [SALII.]
period was never less than three months, and in    ANCILLA.  [SERVUS.]
others  the trial in court commenced  on the    A'NCORA.  [NAVIs.]
thirtieth day after the beginning of the anacrisis,    A'NKULE (a&yKtCAX).  [HASTA.]
as, e. y. in the agtcaa ipaLrLca, ELy7roplKale, tAeTaXtA-    ANDABATAE.  [GLADIATOR.]
icae, and:rpouo's (Harpocrat. s. v.  /uje1/voL WaiL;    ANDREIA (vSpea).   [SrssITmA.]
Pollux, viii. 63, 101), and the day fixed for the    A'NDRIAS (avpias).  [STATUARIA.]
trial was called  cvupLa -ou vdPvou. (Demosth. c.    ANDROGEO'NIA  ('AvSpo0ysCmvla), a festival
lAIid. p. 544.)  In other cases, the day was fixed  with games, held every year in the Cerameicus at
by the magistrate who conducted the anacrisis. Athens, in honour of the hero Androgeus, son of
But either party might petition for a postponement  Minos, who had overcome all his adversaries in the
of the trial, and the opposite party might oppose  festive games of the Panathenaea, and was afterthe petition by an oath that the ground on which  wards killed by his jealous rivals.  (Pans. i. 27.
the delay was sought for, was not valid, or un- ~ 9; Apollod. iii. 15. ~ 7; Hygin. Fab. 1; Diod.
satisfactory. (Harpocrat. s. v. ayOv'rraoo-rLa; Pollux, iv. 60, 61.) According to H-esychius, the hero also
viii. 60.)  Through such machinations, the deci- bore the name of Eurygyes (the possessor of exsion of a case might be delayed to the detriment of tensive lands), and under this title games were
justice; and the annals of the Athenian courts are  celebrated in his honour, 6 &er' Edpu-ryvp'yc&'.
not wanting in numerous instances, in which the  (Hesych. vol. i. p. 1332; K. F. Hermann, Gottesends of justice were thwarted in this manner for a  dienst. Alterth. d. Griechen, ~ 62, n. 22.  [L. S.]
number of years.  (Demosth. c. Mlid. p. 541;    ANDROLE'PSIA  (a&vpoXrlia or &avpo;icomp. Meier and Schomann, DerAtt. Proc. p. 622; ALov), a legal means by which the Athenians were
C. F. Hermann, Grsiech/. Staatsalll. ~ 141; Schb-  enabled to take vengeance upon a community in
man, Antiquit. Juzr. pobl. Graec. p. 279; Wachs- which an Athenian citizen had been murdered.
muth, Hellen. Alterthuilskmsnde, ii. p. 262, &c. For when the state or city in whose territory the
2nd edit.) The examination which an archon un-  murder had been committed, refused to bring the
derwent before he entered on his office, was like- murderer to trial, the law allowed the Athenians
wise called avacKptios.                [L. S.]   to take possession of three individuals of that
ANALEMMA  (ac'adxr1ta), in  its original state or city, and to have them  imprisoned at
meaning, is any thing raised or supported; it is Athens, as hostages, until satisfaction was given,
applied in the plural to walls built on strong  or the murderer delivered up, and the property
foundations. (Hesych. Snid. s. v.)  Vitruvius uses  found upon the persons thus seized was confiscated.
the word to describe an instrument which, by  (Demosth. c. Aristocr. p. 647; Harpocrat. s. v.;
marking the lengths of the shadows of a fixed  Pollux, viii. 40; Suid. and Etym. lI. s. v.;
gnomon, showed the different altitudes of the sun  Bekker, Acecdot. p. 213.)  The persons entrusted
at the different periods of the year.  (Vitruv. ix. with the office of seizing upon the three hos7, 8. s. 6, 7, Schneider.)  It must not be con- tages, were usually the trierarchs, and the comfounlded with the modern analemma, which is much  manders of ships of war.  (Demosth. De Coron.
more complicated and precise than the instrument  Trier. p. 1232.)  This Athenian custom is analodescribed by Vitruvius.                [P. S.]    gous to the ciarrigatio of the Romans.  (Liv. viii.
ANAPIE'SMATA.  [THEATRUM.]                      14.)                                    [L. S.]
ANATHE:MATA (a'va6uaera'.) [DONARIA.]    ANDRONI'TIS.  [DOMUs, GREEK.]
ANATOCISMUS.  [FENUs.]                             ANGARI'A  (&y-yapefa, Hdt. ayyap4ior) is a
ANAUMACHIOU  GRAPHE' (&i'ai/aXeiou  word borrowed from  the Persians, signifying a
ypaoh),  was an  impeachment of the trierarch  system  of postilg,  which was used among that
who had kept aloof from  action while the rest people, and which, according to Xenophon, was
of the fleet was engaged.  From the personal na- established by Cyrus.  Horses were provided, at
ture of the offence and  the punishment, it is  certain distances, along the principal roads of the
obvious that this action could only have been di-  empire; so that couriers (y7yapot), who also, of
rected against the actual commander of the ship, course, relieved one another at certain distances,
whether he was the sole person appointed to the  could proceed without interruption, both night and
office, or the active partner of the perhaps many  day,andin all weathers. (Herod. viii. 98; iii. 126;
oasreXssv,  or the  mere contractor (o6  uolcow - Xen. Cyrop. viii. 6. ~ 17; Suid. s. v.)  It may easily
odtuEvos).  In a cause of this kind, the strategi be supposed that, if the government arrangements
would be the natural and official judges.  The  failed in any point, the service of providing horses
punishment prescribed by law  for this offence  was made compulsory on individuals; and hence
was a modified atimia, by which the criminal and  the word camne to mean compulsory service in forhis descendants were deprived of their political warding royal messages; and in this sense it was
franchise; but, as we learn from Andocides, were  adopted by the Romans under the empire, and is
allowed to retain possession of their property. frequently found in the Roman laws. The Roman
(De Myst. p. 10. 22, ed. Steph.; Petit. Leg. A tt. aycariia, also called angariaerum e hibitio  or prac
p. 667.)                            [J. S. M.]    statio, included the maintenance and supply, not
ANAXAGOREIA  (a&vaiayopera), a day of only of horses, but of ships and messengers, in forrecreation for all the youths at Lampsacus, which  warding both letters and burdens; it is defined as
took place once every year, in compliance, it was  a personale munus; and there was no ground of
said, with a wish expressed by Anaxagoras, who, exemption from  it allowed, except by the favour
after being expelled from  Athens, spent the re-  of the emperor.  (Dig. 50. tit. 4. s. 18. ~~ 4, 29;
mainder of his life here. This continued to be ob- tit. 5. s. 10, 11; 49, tit. 18. s. 4. ~ 1; Cod. Theod.
served even in the time of Diogenes LaErtius.  8. tit. 5; Cod. Justin. 12. tit. 51.)
(zAncaivag. c. 10.)                    [L. S.]       According to Suidas, the Persian word was ori



ANNULUS.                                           ANNULUS.                     95
ginally applied to any bearers of burdens, and  women likewise used to wear rings, but not so frenext, to compulsory service of any kind.   [P. S.]  quently as men; the rings of women also appear
ANGIPORTUS, or ANGIPORTUM, a nar- to have been less costly than those of men, for
row lane between two rows of houses; such a lane  some are mentioned which were made of amber,
might have no issue at all, or end in a private  ivory, &c.  (Artemid. I. c.)  Rings were mostly
house, so as to be what the French call a cul-de- worn on the fourth finger (7rapdcieosr, Plut. Symsac, or it might terminate at both ends in some pos. Fraigm. lib. iv.; Gellius, x. 10).  The Lacepublic street.  The ancients derived the word  daemonians are said to have used iron rings at all
from angustus and portus, and explain it as mean- times.  (Plin. H. N. xxxiii. 4.)  With the excep..
ing, originally, the narrow  entrance to a port. tion perhaps of Sparta, the law does not appear to
(Fest. p. 17. ed. Muller; Varro, De L. L. v. 145, have ever attempted in any Greek state to counter.
vi. 41; Ulpian, in Dig. De Signif. Verb. 59.)  The  act the great partiality for this luxury; and no.
number of such narrow courts, closes, or lanes seems  where in Greece does the right of wearing a gold
to have been considerable in ancient Rome.  (Cic. ring appear to have been confined to a particular
de Div. i. 32, p. Mil. 24, ad tieren. iv. 51; order or class of citizens.
Plaut. Pseud. iv. 2. 6, cap. Non. iii. 1; Ter.    The custom  of wearing rings was believed to
Adelpli. iv. 2. 39; Horat. Cantr. i. 25. 10; Catull. have been introduced into Rome by the Sabines,
58. 4.)                                [L. S.]    who are described in the early legends as wearANGUSTUS CLAVUS.  [CLAvus.]                     ing gold rings with  precious stones (gemsnati
ANNA'LES MA'XIMI.  [PONTIFEX.]                  annsuli) of great beauty.  (Liv. i. 11; Dionys. ii.
ANNO'NA is used to signify, 1. The produce  38.)  Florus (i. 5) states that it was introduced
of the year in corn, fruit, wine, &c., and hence, 2. from Etruria in the reign of Tarquinius Priscus,
Provisions in general, especially the corn which, in  and Pliny (I. c.) derives it from  Greece.  The
the latter years of the republic, was collected in  fact that among the statues of the Roman kings
the storehouses of the state, and sold to the poor at in the capitol, two, Nulna and Servius Tullius,
a cheap rate in times of scarcity; and which, under were represented with rings, can scarcely be adthe emperors, was distributed to the people gra- duced as an argument for their early use, as later
tuitously, or given as pay and rewards.   [CON- artists would naturally represent the kings with
GIARIUM; FRUMENTATIO; PRAEFECTUS  AN- such insignia as characterized the highest magiNONAE.]                                [P. S.]    strates in later times.  But at whatever time,
A'NNULUS (daamrvdhos), a ring.  Every free- rings may have become customary at Rome, thus
man in Greece appears to have used a ring; and, much is certain, that at first they were always ot
at least in the earliest times, not as an ornament, iron, that they were destined for the same purpose
but as an article for use, as the ring always served  as in Greece, namely, to be used as seals, and that
as a seal.  How ancient the custom  of wearing  every free Roman had a right to use such a ring.
rings among the Greeks was, cannot be ascertained; This iron ring was used down to the last period
though it is certain, as even Pliny (II. N. xxxiii. of the republic by such men as loved the simplicity
4) observes, that in the Homeric poems there are  of the good old times.  Marius wore an iron ring
no traces of it.  In works of fiction, however, and  in his triumph over Jugurtha, and several noble
in those legends in which the customs of later ages families adhered to the ancient custom, and never
are mixed up with those of the earliest times, we  wore gold ones.  (Plin. H. N. xxxiii. 6.)
find the most ancient heroes described as wearing    When senators in the early times of the republic
rings.  (Paus. i. 17. ~ 3, x. 30. ~ 2; Eurip. Iphlig.  were sent as ambassadors to a foreign state, they
4ul. 154, Hippol. 859.)  But it is highlyprobable  wore during the time of their mission gold rings,
that the custom of wearing rings was introduced  which they received from  the state, and which
into Greece from Asia, where it appears to have  were perhaps adorned with some symbolic reprebeen almost universal.  (Herod. i. 195; Plat. de  sentation of the republic, and might serve a.s a
Re Publ. ii. p. 359.)  In the time of Solon seal- state-seal.  But ambassadors used gold rings enly
rings (orrppay-tes), as well as the practice of coun- in public; in private they wore their iron ones.
terfeiting them, seem  to have been rather corm- (Plin. xxxiii. 4.)  In the course of time it bemon, for Diogenes Laertius (i. 57) speaks of a law  came customary for all the senators, chief magiof Solon which forbade the artist to keep the form  strates, and at last for the equites also, to wear
of a seal (o-opayfs) which he had sold. (Instances  a gold seal-ring.  (Liv. ix. 7. 46, xxvi. 36; Cic.
of counterfeited seals are given in Becker's Ch/ari- c. Vers. iv. 25; Liv. xxiii. 12; Flor. ii. 6.)  This
kles, ii. p. 217.)  Whether, however, it was cus- right of wearing a gold ring, which was subsetomary as early as the time of Solon to wear rings  quently called the jes annosii aaeri, or the jfts
with precious stones on which figures were en- anumlorum, remained for several centuries at Rome
graved, may justly be doubted; and it is much  the exclusive privilege of senators, magistrates,
more probable that at that time the figures were  and equites, while all other persons continued to
cut in the metal of the ring itself, a custom which  -use iron ones.  (Appian, de Reb. Pun. 104.)  Mawas never abandoned altogether.  Rings without gistrates and governors of provinces seem to have
precious stones were called a&4/ripoi, the name of the  had the right of conferring upon inferior officers, or
gem being *1&ipos or mppayis. (Artemidor. Oneiro- such persons as had distinguished themselves, the
crit. ii. 5.)  In later times rings were worn more  privilege of wearing a gold ring.  Verres thus
as ornaments than as articles for use, and persons  presented his secretary with a gold ring in the
now were no longer satisfied with one, but wore  assembly at Syracuse.  (Cic. c. Verr. iii. 76, 80,
two, three, or even more rings; and instances are  ad Farn. x. 32; Suet. Caes. 39.)   During the
recorded of those who regularly loaded their hands  empire the right of granting the annulus aureus
with rings.  (Plat. Hlpp. Min. p. 368; Aristoph. belonged to the emperors, and some of them were
Eccles. 632, Nub. 332, with the Schol.; Dinarch. not very scrupulous in conferring this privilege.
en Demost.. p. 29; Diog. Laert. v. 1.)  Greek  Augustus gave it to Mena, a freedman, and to




96               ANNULUS.                                            ANNULUS.
Antonius M1sa, a physician.  (Dion Cass. xlviii. riod preceding the reign of Justinian, when hoe
48, liii. 30.)  In A. D. 22 the emperor Tiberius  says, that freemen wore gold, freedmen silver,
ordained that a gold ring should only be worn  and slaves iron rings.
by those ingenui whose fathers and grandfathers    The practical purposes, for which rings, or rather
had had a property of 400,000 sestertia, and not the figures engraved upon them, were used at all
by any freedman or slave. (Plin. H. Nr. xxxiii. 8.)  times, were the same as those for which we use
But this restriction was of little avail, and the  our seals.  Besides this, however, persons, when
ambition for the annulus aureus became greater  they left their houses, used to seal up such parts
than it had ever been before. (Plin. Etoist. vii. 26, as contained stores or valuable things, in order to
viii. 6; Suet. Galb. 12. 14; Tacit. Hist. i. 13; secure them from thieves, especially slaves. (Plat.
Suet. Vitell. 12; Stat. Silv. iii. 3. 143, &c.)  The  dle Leg. xii. p. 954; Aristoph. Tliesnmoph. 414,
emperors Severus and Aurelian conferred the right  &c.; Plaut. Cas. ii. 1. 1; Cic. ad Feael. xvi. 26,
of wearing gold rings upon all Roman soldiers  de Orat. ii. 61(; Alart. ix. 88.) The ring of a Ro(Herodian. iii. 8; Vopisc. dAurel. 7); and Jus-  mIllan emperor was a kind of state-seal, and the emtinian at length allowed all the citizens of the em- peror sometimes allowed the use of it to such
pire, whether ingenui or libertili, to wear such  persons as he wished to be regarded as his reprerings.                                             sentatives. (Dion Cass. lxvi. 2.) The keeping of
The status of a person who had received the jus  the imperial seal-ring was entrusted to an especial
anmuli appears to have differed at different times. officer (cura annuli, Just. HI-ist. xliii. 5).  The
During the republic and the early part of the em- signs engraved upon rings were very various, as we
pire the juns annuli seems to have made a person  may judge from the specimens still extant: they
ingenuus (if he was a libertus), and to have raised  were portraits of ancestors, or friends, subjects conhim  to the rank of eqjues, provided he had the  nected with the mythology, or the worship of the
requisite equestrian census (Suet. Galb. 10, 14; gods; and in many cases a person had engraved
Tacit. Iu-ist. i. 13, ii. 57), and it was probably  upon his seal symbolical allusions to the real or
never granted to any one who did not possess this  mythical history of his family.  (Cic. in Catil. iii.
census.  Those who lost their property, or were  5; Val. Max. iii. 5. 1; Cic. de Finib. v. 1; Suet.
found guilty of a criminal offence, lost the jus an-  Tib. 58. 63; Plin. IIr. r. ii. 7, &c.)   Sulla
nuli.  (Juv. Sat. xi. 42; Mart. viii. 5, ii. 57.)  thus wore a ring with a gem, on which Jugurtha
Afterwards, especially from the time of Hadrian,  was represented at the moment he vwas made
the privilege was bestowed upon a great many  prisoner.  (Plin. II. N. xxxvii. 4; Plut. Mar. 10.)
freedmen, and such persons as did not possess the  Pompey used a ring on wliich three trophies were
equestrian census, who therefore for this reason  represented (Dion Cass. xliii. 18), and Augustus
alone could nlot have become equites; nay, the jus  at first sealed with a sphinx afterwards with a
annuli at this late period did not even raise a  portrait of Alexander the Great, and at last with
freedman to the station of ingenuus: he only be-  his own portrait, which was subsequently done by
came, as it were, a half ingenuus (quasi izlqenuzs), several emperors.  (Plin. Il. N. xxxvii. 4; Suet.
that is, he was entitled to hold a public office, anid  Aug. 50; Dion Cass. li. 3; Spartian. Iiadr. 26.)
might at any future time be raised to the rank of The principal value of a ring consisted in the gene
eques. (Jul. Capitol. lfacrsin. 4.)  The Lex Visel- framed in it, or rather in the workmanship of the
lia (Cod. 9. tit. 21) punished those freedmen, who  engraver.  The stone most frequently used was
sued for a public office without having the jus the onyx (o-ap13vos, eap~8vvu), on account of its
annuli aurei.  In many cases a libertus might various colours, of which the artists made the
through the jus annuli become an eques, if he had  most skilful use.  In the art of engraving figures
the requisite census, and the princeps allowed it; upon gems, the ancients in point of beauty and
but the annulus itself no longer included this  execution far surpass every thing in this departs
honour.  This difference in the character of the  ment that modern times can boast of.  The ring
au imilus appears to be clear also from the fact, that itself (osev6dv/), in which the gem was set, was
women received the jins annuli (Dig. 40. tit. 10. likewise in many cases of beautiful workmanship.
s. 4), and that Alexander Severus, though  he  The part of the ring which contained the gem was
allowed all his soldiers to wear the gold ring, called pala.  In Greece we find that some persons
vet did not admit any freedmen among the equites. fond of show used to wear hollow rings, the inside
(Lamprid. Al. Sev. 9.)  The condition of alibertus  of which was filled up with a less valuable subwIho had received the jus annuli was in the main  stance.  (Artemid. I. c.)
as follows: -Hadrian had laid down the general    With the increasing love of luxury and show,
maxim, that he should be regarded as an ingenuns,  the Romans, as well as the Greeks, covered their
salso jure patrozi.  (Dig. 40. tit. 10. s. 6.)  The  fingers with rings.  Some persons also wore rings
patronius had also to give his consent to his freed-  of immoderate size, and others used different rings
man accepting the jus annuli, and Commodus took  for summer and winter.  (Quinctil. xi. 3; Juv. i.
the anmulus away from th:se who had received it 28; Mart. xi. 59, xiv. 123.)
without this consent. (Dig. 40. tit. 10. s. 3.) Hence  Much superstition appears to have been cona libertus with the annulus might be tortured, if, nected with rings in ancient as well as in more
e. g. his patron died an unnatural death, as in case  modern times; buit this seems to have been the
of such a libertus dying, his patron might succeed  case in the East and in Greece more than at Rome.
to his property.  The freedman had thus during  Some persons made it a lucrative trade to sell
his lifetime only an imago libertatis, he wvas a  rings, which uwere believed to possess magic powers,
quasi ingenuus but had not the status of an in-  and to preserve those who wore them from external
genuus (Cod. 6. tit. 8. s. 2; Dig. 40. tit. 10. s. 5),  dangers.  Such persons are Eudamus in Aristoand he died quasi libertus.  In the reign of Jus-  phanes (Plut. 883, with the Schol.), and Phertatus
tinian these distinctions were done away with. in Antiphanies (ap. Atihen. iii. p. 123).  These
Isidorus (xix. 32) is probably alluding to the pe- rings were for the most part worn by the lower




ANTAE.                                          ANTEFIXA.                      97
classes, and then not made of costly material, as may  as the columns; in the intercolumniations there
be inferred from the price (one drachma) in the two  should be a marble balustrade, or somne other kind
instances above referred to.  There are several  of railing, with gates in it; if the breadth of the
celebrated rings with magic powers, mentioned  portico exceeds forty feet, there should be another
by the ancient writers, as that of Gyges which  pair of columns behind those between the mstcre,
he found in a grave (Plat. de Rel:publ. ii. p.  and a little thinner than they; besides other and
359, &c.; Plin. H. N. xxxiii. 4), that of Chari-  minor details. (Vitruv. iv. 4.)
cleia (I-Ieliod. A/eth. iv. 8), and the iron ring of    In the pure Greek architecture, the ancae have
Eacrates (Lucian, Ph5lops. 17). Compare Becker,  no other capitals than a succession of simple mioutldC(iikhles, vol. ii. p. 398, &c.; Kirchmlann, de An-  illgs, sometimes ornamented with leaves and ai'asnulls, Slesvig. 1657; P. Burnmann, de Jure AnLetu-  besques, and no bases, or very simple ones; it is
loruem, Ultraject. 1734.                [L. S.]    only in the later (Roman) stale, that they have
ANNUS.  [CALENDARIUM.]                           capitals and bases resembling those of the columns
ANQUISI'TIO.  [JunE.]                            between them.  The auntae weie generally of the
ANSA'/TAE HASTAE.  [HASTA.]                      same thickness throughout;  the only instance of
ANTAE (7rapa-cSd&es), were originally posts or  their tapering is in one of the temples of Paestum.
pillars flanking a doorway.  (Festus, s. v. Antes.)    In a Greek private house the entrance was
They were of a square form, and are, in fact, to be  flanked by a pair of antae with no columns beregarded rather as strengthened terminations of tween them; and the space thus enclosed was itself
the walls than as pillars affixed to them.  There  called 7rapaeerds. (Vitrtlv. vi. 1 0. s. 7. ~ 1. Schn.)
is no clear case of the application of the word to  So also Euripides uses the term  to denote either
detached square pillars, although Nonins explains the pronaos of a temple (Ipph. in T7aur, 1126), or
it by quadruae colzemnae (1. ~ 124).               the vestibule of a palace. (Ie'loen. 415.)
The chief use of anture was in that fornm  of    The following are the chief of the other passages
temple, which was called, from them, in alstis (eabs  in which aucae or 7rapa'ra'8es are mentioned:Eiv  rapaaTr'di),' which Vitruvius (iii. 1. s. 2  ~ 2, Eurip. Acsdross. 1121, where rapaardb8os epCelaGo&
Schn.) describes as having, in front, antae attached  signifies tile armls suspended from one of the antae
to the walls which enclosed the clala; and in the  of the temple; Cratin. Dioduys. Fr. 9, ap. Polluc.
middle, between the antae, two columns supporting  vii. 122, x. 25, Meineke, Fr'. Comn. Graec. vol. ii.
the architrave. The ruins of temples, corresponding  p. 42; Xen. Hier. xi. 2: Hero, Aufoen. p. 269
to the description of Vitruvius, are found in Greece  Inscssrip.  p.. Gruter. p. 207.  See. also Stieglitz,
and Asia Minor; and we here exhibit as a speci- Arelhol/oqie  der Baulk'unst, vol. i. pp. 236-242.
moen a restoration of the front of the temple of  [TEMPLUM.]                               [P. S.]
Artemis Propylaea, at Eleusis, together with a    ANTEAMBULO'NES, were slaves who were
plan of the pronaos:                               accustomed to go before their masters, in order to
make way for them  through the crowd.  (Suet.
esp. 2.) They usually called out date locunm
domino mseo; and if this were not sufficient to
clear the way, they used their hands and elbows
dl'-f-lI:-~  -I_ X.l.... for that purpose.              Pliny relates   an amusing tale of:,,9,i I IW        ain individual who was roughly handled by a
Roman knight, because his slave had presumed to
touch the latter, in order to make way for his!~li i'illl P     master.  (Ep. iii. 14.)  The term antearmbulones'was also given to the clients, who were accustomed
to walk before their patroni when the latter apHlb$ KIlLKBk!peared in public. - (Martial, ii. 18, iii. 7, x. 74.)
ANTECESSO'RES, called also ANTECURSO'RES, were horse-soldiers, who were accustomed
to precede an army on the march, in order to choose
a suitable place for the camp, and to make the
ta          U —-  -L-]                        necessary provisions for the army.  They were not
merely scouts, like the speculatores.  (Hirt. Bell.
B_   Ai. 12, svho speaks of speculatore s et antecessores
BP4   ~          a, equi/tes; Suet. Vitell. 17   Caes. B. G. v. 47.)
This name was also given to the teachers of the'Roman law.  (Cod. 1. tit. 17. s. 2. ~ 9. 11.)
ANTECOENA.  [CoeNA.]
A  A Slze tANTEFIXA, terra-cttas, which exhibited various ornamental designs, and were used in archiA/.....Y                                 tecture, to cover the frieze (zop/sors) or cornice
of the entablature.  (Festus, s. v.)  These terraLw -~~              I          ~~~cottas do not appear to have been used among the
A, A /e a/ac   n n /1c cc/la,     Greeks, but were probably Etrurian in their origin,
and were thence taken for the decoration of Roman
Vitruvius gives the following rules for a temple  buildings.
in antis of the Doric order: - The breadth should     The name antefixa is evidently derived from the
be half the length; five-eighths of the length should  circumstance  that they  were fixed  befolre the
be occupied by the cella, including its front walls,  buildings which  they  adorned; and- inmany mthe remaining three-eighths by the pronsaos or  stances they have been found fastened to the
portico; the ant/ae should be of the same thickness  frieze with leaden nails.  They were formed in
H




9X3             ANTEFIXA.                                         ANTIDOSIS.
moulds, and then baked by fire; go that the num-; perior beauty of the antefixa preserved in the PIi.
ber of them  might be increased to any extent. tish Museum, which were discovered at Rome. A
Of the great variety and exquisite beauty of the  specimen of them is given at the foot of the pre.
workmanship, the reader may best form an idea by  ceding column  It represents Athena superintendinspecting the collection of them  in the British  ing the construction of the ship Argo.  The man
Museum.                                          with the hammer and chisel is Argus, who built the
The two imperfect antefixa, here represented, vessel under her direction.  The pilot Tiphys is
are among those found at Velletri, and described  assisted by her in attaching the sail to the yard.
by Carloni.  (Roma, 1785.)                       Another specimen of the antefixa is given under
the article ANYSX.
ANTENNA.  [NAVISJ]'N                             ANTEPAGMENTA, doorposts, the. jambs of
a door. Vitruvius (iv. 6.) gives minute instrluc-'-e          l                 lAdGop~s1  1tions respecting the form  and proportions of the
antepagmenta in the doors of temples; and these
are found in general to correspond with the examples preserv-ed anmontg Ahe remains of Grecian
ma~ -              --        T ~~~~~ architecture. (See Hirt, Baeekunst zach den Grundsiitzen de;r Alten, xvi.)  [JANUA.]   [J. Y.],  ANTEPILA'NI.  [ExERCITUS.]
ANTESIGNA'NI.  [Ex aiTvsU.]
ANTESTA'RI.  [ACTIo.]
ANTHESPHO'RIA  (vOecrqdpia), a flowerfestival, principally celebrated in Sicily, in honour
of Demeter and Persephone, in commemoration of
the return of Persephone to her mother in the beThe first of them must have formed part of the  ginning of spring. It consisted in gathering flowers
upperborder of the frieze, or rather of the cornice. and twining garlands, because Persephone had
It contains a panther's head, designed to serveas a  been carried off by Pluto while engaged in this
spout for the rain-water to pass through in de- occupation. (Pollux, i. 37.) Strabo (vi. p. 256)
scending from the roof.  Similar antefixa, but with  relates that at Hipponium the women celebrated a
comic masks instead of animals' heads, adorned  similar festival in honour of Demeter, which was
the temple of Isis at Pompeii.  The second of the  probably called anthesphoria, since it was derived
above specimens represents two men who have a  firom Sicily.  The women themselves gathered the
dispute, and who come before the sceptre-bearing  flowers for the garlands which they wore on the
kings, or judges, to have their cause decided.  The  occasion, and it would have been a disgrace to buy
style of this bas-relief indicates its high, antiquity, the flowers for that purpose.  Anthesphoria were
and, at the same time, proves that the Volsci had  also solemnized in honour of other deities, especiattained to considerable taste in their architecture.  ally in honour of Hera, surnamed'AYOEa, at Argos
Their antefixa are remarskable for being painted:  (Paus. ii. 22. ~ 1), where maidens, carrying baskets
the ground of that here represented is blue; the  filled with flowers, went in procession, whilst a tune
hair of the six men is black, or broena; their flesh  called lfepdicrov was played on the flute.  (Comp.
red; their garments white, yell:ow, ai6nd  red: the  Ety7Z. Gzd. p. 57.)  Aphrodite, too, was worchairs are white.  The two holes may be observed, shipped at Cnossus, under the  name'APvsOa
by which this slab was fixed upon the building.   (Hesych. s. v.), and has therefore been compared
Cato the Censor complained that the Romans of with Flora, the Roman deity, as the anthesphoria
his time began to despise ornaments of this de- have been with the Roman festival of the Floriscription, and to prefer the  marble  friezes of ferltum, or Floralia.                  [L. S.]
Athens and Corinth. (Liv. xxxiv. 4.) The rising:    ANTHESTEIRIA.  [DIONYSIXa.]
taste which Cato deplored may account for the su-    ANTI'DOSIS  (&srtfloos), in its literal and
general meaning, "an exchange," was, in the
language of the Attic courts, peculiarly applied to.I  ~  Q  ~   ~  proceedings under a law which is said to have ori- -— ~~-~         ginated with Solon. (Demosth. c. Pllaeeniep. init.),___;__  c.                 By this, a citizen nominated to perform a leiturgia,._-       - _     /            such as a trierarchy or choregia, or to rank among
the property-tax payers in a class disproportioned
to his means, was empowered to call upon any
qualified person not so charged to take the office
in his stead, or submit to a complete exchange of
property -the charge in question, of course, attaching to the first party, if the exchange were
finally effected.  For these proceedings the courts
were opened at a stated time every year by the
\\  agistrates that had official cognizance of the
1priua    particular subject; such as the strategi in cases of
trierarchy and rating to the property-taxes, and
the archon in those of choregia; and to the tribunal of such an officer, it was the first step of the
challenger to summon his opponent.  (Dem. e.
Phaenipp. p. 1040; Meier, Aft. Process. p. 471




ANTIGONEIA.                                        ANTIGRAPHE.                    99'~rpooKTcasXErelO   TLVO' ES e yV-rTooLV, Lysias'T7rsp  alliance for the purpose of thwarting the plans of
-os,'AAv-reov, p. 745.)  It may be presumed  Cleomenes.  (Plut. Cleonz. 16, Arat., 45; Polyb.
that he then formally repeated his proposal, and  xxviii. 16, xxx. 20.)                    [L. S.]
that the other party stated his objections, which,    ANTIGRAPHE' (&rrTypaop-), originally sig.
if obviously  sufficient in law, might, perhaps, nified the writing put in by the defendant, in all
authorise the magistrate to dismiss the case; if causes, whether public or private, in answer to the
otherwise, the legal resistance, and preparations  indictment or bill of the prosecutor.  From  this
for bringing  the cause before the dicasts, would  signification, it was applied by an easy transition
naturally begin here.  In the latter case, or if the  to the substance as well as the form of the reply,
exchange were accepted, the law  directed the  both of which are also indicated by &vTrcuoe0a,
challenger to repair to the houses and lands of his  which means, primarily, the oath corroborating the
antagonist, and secure himself, as all the claims and  statement of the accused.  Harpocration has relia.bilities of the estate were to be transferred, from  marked that antisoraphe might denote, as antomosia
fraudulent encumbrances of the real property, by  does in its more extended applicatioIn, the bill and
observing what mortgage placards (opoi), if any, affidavit of either party; and this remark seems
were fixed upon it, and against clandestine removal to be justified by a passage of Plato.  (Apolog.
of the other effects, by sealing up the chambers that Soc. p. 27. c.)  Schbmann, however, maintains
contained them, and, if he pleased, by putting  (Alt. Process, p. 465) that antisgraplse was only
bailiffs in the  mansion.   (Dem. c. Phlaenzipp.  used in this signification in the case of persons
pp. 1040, 1041.)  His opponent was, at the same  who laid claim   to an unassigned  inheritance.
time, informed, that he was at liberty to deal in  Here, neither the first nor any other claimant
like manner with the estate of the challenger, could appear in the character of a prosecutor;
and received notice to attend the proper tribunal that is, no K6bc  or E"ytc X]ma could be strictly said
on a fixed day, to take the usual cath.  The  to be directed by one competitor against another,
entries here described seem, in contemplation of when all came forward voluntarily to the tribunal
law, to have been a complete effectuation of the  to defend their several titles.  This circumstance
exchange.  (Dem. c. 3Mid. p. 540, e. Phlaenipp.  Schumann has suggested as a reason why the
p. 1041. 25), and it does not appear that priniarily  documents of each clainmanlt were denoted by the
there was ally legal necessity for a further ratifi-  term in question.
cation by the dicasts; but, in practice, this must    Perhaps the word "' plea," though by no means
always have been required by the conflict of a coincident term, may be allowed to be a tolerably
interests between the parties.   The next pro- proximate rendering of antigraphe.  Of pleas there
ceedinog was the oath, which was taken by both  can be only two kinds, the dilatory, and those to
parties, and purported that they would faithfully  the action. The former, in Attic law, comprehends
discover all their property, except shares held in  all such allegations as, by asserting the incomthe silver mines at Laurion; for these were not petency of the court, the disability of the plaintiff,
rated to leiturgim  or property-taxes, nor conse- or privilege of the defendant, and the like, would
quently liable to the exchange.  In pursuance of have a tendency to show  that the cause in its
this agreement, the law enjoined that they should  present state could not be brought into court (/Ij
exchange correct accounts of their respective assets E5ia0ydyi/ioV ET aOL Trv  mKcv) * the latter, every(o7roipaoers) withinl three days; but in practice  thing that could be adduced by way of denial, exthe time might be extended by the consent of the  cuse, justification, and defence generally.  It must
challenger.  After this, if the matter were still be, at the same time, kept in mind, that the process
nucomnprolsised, it would assume the shape and  called " special pleading," was at Athens supplied
follow the course of an ordinary -lawsuit [DocE'], by the magistrate holding the anacrisis, at which
under the conduct of the magistrate within whose  both parties produced their allegations, with the
jurisdiction it had originally come. The verdict of evidence  to substantiate  them; and that the
the dicasts, when adverse to the challenged, seems  object of this part of the proceedings was, under
merely to have rendered imperative the first de-  the directions, and with the assistance of the
mandc of his antagonist, viz. that he should submit magistrate, to prepare and enucleate the question
to the exchange or undertake the charge in ques- for the dicasts.  The following is an instance of
tion; and as the alternative was open to the former, the simplest formn  of indictment and plea:and a compromise might be acceded to by the lat- "Apollodorus, the son of Pasion of Acharnae,
ter, at any stage of the proceedings, we may infer  against Stephanms, son of Menecles of Acharnae,
that the exchange was rarely, if ever, finally ac- for perjury.  The penalty rated, a talent.  Stecomplished. The irklsomeness, however, of the se- phanus bore false witness against me, when he
questration, during which the litigant was pre- gave in evidence the matters in the tablets.  Stecluded from the use of his own property, and dis-  phanus, son of Menecles of Acharnae. I witnessed.
abled from bringing actions for embezzlement and  truly, when I gave in evidence the things in the
the like against others (for his prospective reim- tablet."  (Demn. in Stepl. i. p. 1115.)  The pleadbursement was reckoned a part of the seques-  ings might be altered during the anacrisis; but
tlated  estate, Dem. c. Aplsob. ii. p. 841, c. Mid.  once consigned to the echinus, they, as well as
p. 540), would invariably cause a speedy, perhaps, all the other accompanying documents, were proin most cases, a fair adjustment of the burdens  tected by the official seal firom any change by the
incident to the condition of a wealthy Athenian. litigants.  On the day of trial,:and in the presence
(Bockh, Publ. Econ. of' Athens, pp. 580-583,  of the dicasts, the echinus was opened, and the
2nd ed.)                            [J. S. M.]    plea was then read by the clerk of the court, togeANTIGONEIA  (avryTvmELma), sacrifices insti-  ther with its antagonist bill.  Whether it was
tuted by Aratus and celebrated at Sicyon with  preserved afterwards as a public record, which we
paeans, processions, and contests, in honour of know to have been the case with respect to the
Antigonus Doson, with whom  Aratus formed an?ypacp  in some causes, we are not informed.




100                ANTLIA.                                               ANTLIA.
From  what has been already stated, it will a trough, from which it is conveyed to a distance,
have been observed, that questions requiring a pre-  and chiefly used for irrigation.
vious decision, would frequently arise upon the al-    Lucretius (v. 517) mentions a machine conlegations of the plea; and that the plea to the ac- tructed on this principle:-" Ut fluvios versare
tion in particular would often contain matter that  rotas atque haustra videmus."
would tend essentially to alter, and, in some cases,
to reverse the relative positions of the parties.  In
the first case, a trial before the dicasts would be
granted by the magistrate whenever he was loth'
to incur the responsibility of decision; in the second, a cross-action might be instituted, and ca, rried on separately, though, perhaps, simnaltaneously
with the original suit.  Cases would also sometimes occur in which tile defendant, from consider-   -                                 l
ing the inldictmeu t as an ulwarrantable aggres-             I
sion, or, perhaps, one best repelled by attack, would
be tempted to retaliate upon some delinquency of
his opponent, utterly unconnected with the caouse                                            -
in hbncl, and to this he wonlld be, il most cases,                  l \
able to resort.  An instance of each kind vil be.X                                     11
briefly given, by citing the comnmonprcg c7p/l e a s xAdra! \ "
a cause arising upon a dilatoy plea,; a cross-action                                      7 / /    i
for assault (aicias) upon a primaTry action for the
same (Dem. in Ev. et  [lyzesib. p. 1153);.and a.    t                          I
oaoiLuae'a, or "judicial exanination of the lisE or                j                                     I
morals" of an orator upon an impeachment for sl.                                                     d[i
misconduct in Lan embassy (7rapaerpeG-Ela). (Aesch.                           j              >W 1   &
i  Tiench.)   All canses of this secondary naturei
(and there was hardly one of any kind. cognisable 
by the Attic courts, that might not occasionally
rank among them) were, when viewed in their
relation with the primary action, comprehended
by the enlarged signification of antiggc(2aloe, or, in
other words, this term, inexpressive. of form  or    In situations where the water was at rest, as in
substance, is indicative of a repellent or retaliative  a pond or wa well, or where the current was too
quality, that might be incidental to a great variety  slow and feeble to put the machine in motion, it
of causes.  The distinction, however, that is iira-  was constructed so as to be wrought by animal
plied by antigyraphi, was not merely verbal and  force, and slaves or criminals were commonly emunsubstantial; for we are told, in order to prevent  ployed  for the purpose (ess avrAlav Icarablcefrivolous suits on the one hand, and unfair elusion  aOBivat, Artemid. Oneiroc. i. 50; in antlieamz   coosupon the other, the loser in apaoayarapvhi, or cross-  deonnare, Suet. Tib. 51.)  Five such machines are
action upon a private suit, was condemned by a  described byVitruvius% in addition to that which has
special law to pay the E7rrwceta, rateable upon the  been already explained, and which, as he observes,
valuation of the main cause, if he failed to obtain  was turnled sine operar Lm calcatura, ip)siZiSlSAEi2iS
the votes of one-fifth of the jury, and certain  irspuelsoZ.  These five were, 1. the tympanum;        a
court fees (wrpuravea) not originally incident to  tread-wheel, wrought 71-o0inibuss canlentibus: 2. a
the suit.  That there was a similar provision inl  wheel resembling that ill the preceding figure; but
public causes, we may presume  from  analogy, having, instead of pots, wooden boxes or buckets
though we have no authority to determine the  (o7odioli quadrati), so arranged as to form steps for
matter. (Meier, Att. Process, p. 625.) [J. S. M.]    those who trod the wheel: 3. the chain-pump:
ANTIGRAPHEIS  (&v'rypaq)ES).  [GRAss-  4. the co/lea,  or Archimedes'  screw: and 5. the
SATEUS.]                                            ctesibica noachina, or forcing-pump.  (Vitruv. x.
ANTINOEIA (av'rtwdEa), annual festivals and  4-7; Drieberg, Poneum..Eo7ifioduz yen der CGiec/7en,
quinquennial games, which the Roman emperor  p. 44-50.)
Hadrian instituted in honour of his favourite,    On the other hand, the antlia with which MarAntinous, after he was drowned in the Nile, or, tial (ix. 19) watered his garden, was probably the
according to others, had sacrificed himself for his  pole and bucket universally employed in Italy,
sovereign, in a fit of religious fanaticism.  The  Greece, and Egypt.  The pole is curved, as shown
festivals were celebrated in Bithynia, and at Man-  in the amiexed figure; because it is the stem of a
tineia, in which places he was worshipped as a
god.   (Spartian. Hadriacn, c. 14-; Dion  Cass.
lxix. 10; Pans. viii. 9. ~ 4.)          [L. S.]
ANTIPHERNA  (m'riqieppa).  [Dos.]
ANTIQUA/RII.  [LIBRARI.]
A'NTLIA  (&am'Xa), any machine for raising
water; a pump.  The annexed figure shows a
machine which is still used on the river Eissach
in the Tyrol, the ancient Atagis.  As the current    >puts the wheel in motion, the jars on its margin                I    - 
are successively immersed and filled with water.                                   ----
When they reach the top, the water is sent into                      -              --''.  an~~>




APATURIA.                                          APATURIA.                   101
fir, or some other tapering tree.  The bucket, being  having a companion, and while Xanthius looked
attached to the top of the tree, bends it by its  around, Mielanthus slew  the deceived Xanthils.
weight; and the thickness of the other extremity  From that time, the Athenians celebrated two fesserves as a counterpoise.  The great antiquity of tivals, the Apaturia, and that of Dionysus Melanthis method of raising water is proved by repre-  aegis, who was believed to have been the man
sentations of it in Egyptian paintings.  (Wilkin-  who appeared behind Xanthius.  This is the story
son, Manners and Cust. of Anc. Egypt, ii. 1 —4; related by the Scholiast on Aristophanes. (Aclticn.
see also Pitt. d'E-rcolano, vol. i. p. 257.)  [J. Y.]  146.)  This tradition has given rise to a false etyANTOMO'SIA  (&v-rwcuooLa).  [ANAKRISIS, mology of the name /araTroepta, which was formerly
p. 92, a; PARAGRAPHE.]                             considered to be derived from &7raTray, to deceive.
ANTYX (riTv-, probably allied etymologically  All modern critics, however (Miiller, Doricans, i.
to  /tprvu), the rim or border of any thing, espe-  5. 4; Welcker, Aesclyl. Tril. p. 288), agree that the
cially of a shield, or chariot.  The rim of the large  name is composed of a=='dea, and 7raTdpta, which is
round shield of the ancient Greeks was thinner perfectly consistent with what Xenophon (He/lesn.
than the part which it enclosed.  Thus the orna- i. 7. ~ 8) says of the festival:'EY o's (a&rarouppios)
mental border of the shield of Achilles, fabricated  ol'e Tl raerepes  cal of rV'}yyeres   iVeLt oqP'taev
by Hephaestus, was only threefold, the shield itself av'roes.  Accordihng to this derivation, it is the
being sevenfold.  (Ii. xviii. 479; comp. xx. 275.) festivaI at which the phratriae met, to discuss and
See examples of the crut?/x of a shield in woodcuts  settle their own affairs.  But, as every citizen was
to ANTEFIXA, ARMA, CLIPEUS.                        a member of a phratria, the festival extended
On the other hand, the antyx of a chariot must over the whole nation, who assembled according to
have been thicker than the body to which it was pzratr'iae.  Welcker (Azhangc z. Trilog. p. 200),
attached, and to which it gave both form  and  on account of the prominent part which Dionlysus
strength.  For the satne rpason, it was often made  takes in the legend respecting the origin of the
double, as in the chariot of Hera.  (Aoeal E w'ept- Attic Apaturia, conceives that it arose from  the
8po4uo  mevr7ye's el't, 11. v. 728.)  It rose in front circumstance that families belonging to the Dioof a chariot in a curved form, on whic'h the reins nysian tribe of the Aegicores had been registered
might be hung.  (11. v. 262, 322)  A simple form  among the citizens.
of it is exhibited in the annexed woodcut from the    The first day of the festival, which probably fell
on the eleventh of the month of Pyanepsion, was
called 6opir-a, or dp7rela (Athen. iv. p. 171; Hesych.
- _- _! and Suid. s. v.); on which every citizen went in
the evening to the phratrium, or to the house of
l  /,    somne wealthy member of his own phratria, and
there enjoyed the supper prepared for -him.  (Aristpnh. Ac/arn. 146.)  That the cup-bearers (oid.'
theaL)  were not idle on this occasion, may be seen
from Photius (Lexic. s. v. Aopirta).
The second day was called &avdp'purs (vap'I  pE1) from  the sacrifice offered on this day to
/  Zeus, surnamed 4,pgrpros,  and to Athena, and
1hl!S7\ AtWC\V\S // /1\                  I' sometimes to Dionysus Melanaegis.  This was a
NrKtl ~z                            I state sacrifice, in which all citizens took part. The
day was chiefly devoted to the gods, and to it
mnst, perhaps, be confined what Harpocration (s.
work of Carloni.  Sometimes antyx is used to  v. Aaucrais) mentions, from  the Atthis of Istrus,
signify the chariot itself.            [J. Y.]   that the Athenians at the apaturia used to dress
APA'GELI (a7rd-yeXot).  [AGELA.]                splendidly, kindle torches on the altar of HephaeAPAGO'GE (.&rayoy/4).  [ENnEIxIS.]              Stnus, and sacrifice and sing in honour of him.
APATU'RIA (IreraTopea), was a political festi- Proclus on Plato (Tim. p. 21. b.), in opposition to
val, which the Athenians had in common with all all other authorities, calls the first day of the Apathe Greeks of the Ionian name (Herod. i. 147), turia uavcppvvrs, and the second 8op7rLa, which is,
with  the exception of those of Colophon and  perhaps, nothing more than a            slip of his pen.
Ephesus.  It was celebrated in the month of    On the third day, called  coupeerts (tcofpos)
Pyanepsion, and lasted for three days.  The ori- children born in that year, in the families of the
gin of this festival is related in the following man- phratriae, or such as were not yet registered, were
er: — About the year 1100 B. c., the Athenians  taken by their fathers, or in their absence by their
were carrying on a war against the Boeotians, con- representatives  (c/pto1), blefore  the  assembled
cerning the district of Cilaenae, or, according to  members of the phratria.  For every child  a
others, respecting  the  little  town  of Oenoe. sheep or goat was sacrificed.  The victim  was
The.Boeotian Xanthius, or Xanthus, challenged  called me ovs, and lee who sacrificed it ideea'yods
Thymnoetes, king of Attica, to single combat ((jeLeeLywaco'ye).  It is. said that the victim was not
anld when he refulsed, Melanthus, a Messenian  allowed to be below (HI-arpocrat. Suid. Phot. s. v.
exile of the house of the Nelids, offered himself Mesmv), or, according to Pollux (iii. 52), above, a
to fight for Thyvmoetes, on condition that, if vic-  certain  eight.  Whenever ally one thought he
torious, he should be the successor to Thymoetes. had reason to oppose the reception of the child
The offer was accepted; and when Nanthius and  into the phratria, he stated the case, and, at the
Melanthus began the engagement, there appeared  same time, led away the victim  from the altar.
behind Xanthius a man in the TPpay7, the skin of a  (Demosth. c. M1-acart. p. 1054.)  If the memblack she-goat. Melanthus reminded his adversary  bers of the phratria found the objections to the
that he was violating the laws of single combat by  reception of the   ild to be sfficiet,the  vi
H3




102                 APEX.                                          APTIRODISIA.
tim  was removed; when  no  objections  were  we have selected six for the annexed woodcut. Tle
raised, the father, or he who supplied his place, middle figure is from a bas-relief, showing one of
was obliged to establish by oath that the child was  the salii witl, a rod in his right hand.  The
the offspring of free-born parents, and citizens of All)ogalerus, oi albus galerus was a white cap worn
Athens,  (Isaens, De Haered. Ciron. p. 100. ~19;  by the flamen  dialis, made of the skin of a white
Demosth. c. Eubzl. p. 1315.)  After the victim  victim  sacrificed to Jupiter, and had the apex
was sacrificed, the phratores gave their votes,  fastened to it by means of asl olive-twig. (Festus,
which they took from the altar of Jupiter Phra-  s. s?. allogyalerus; Gell. x. 15.)
trius.  When the majority voted against the reception, the cause might be tried before one of the
courts of Athens; and if the claims of the child
were found unobjectionable, its name, as well as
that of the father, was entered in the register of
the phratria, and those who had wished to effect
the exclusion of the child werre liable to be punished.  I
(Demosth. c. Alacart. p. 1078.)  Then followed
the distribution of wine, -and of the victim, of
which every phrator received his share; and poems                                /
were recited by the elder boys, and a prize was
given to him who acquitted himself the best on the
occasion. (Plat. Tins. p. 21, b.) On this day, also,'    
illegitimate children on whonm  the privileges of
Athenian citizens were to be bestowed, as well as
children adopted by citizens, and newly created
citizens were introduced; but the last, it appears,
could only be received into a phratria when they
had previously been adopted by a citizen; and
their children, when born by a mother who was    From  apex was formed the epithet cpficaturs,
a citizen, had a legitimate claim to be inscribed il  applied to the flamen dialis by  Ovid (I,'ctst. iii.
the phratria of their grandfather, on their mother's  197).
side.  (Platner, Beitrcige, p. 168.)  In later times,    APILASTON (4phXaoTro,).  [NAVIS.]
however, the difficulties of being admitted into a    APHIOIRMES DIKE/ (&poprls Sicyj), was the
phratria seem to have been greatly diminished.     action brought against a banker or money-lender
Some writers have added a fourth day to this  (Tpaore(iTls), to recover funds advanced for the
festival, under the name of Efr ga (Hesych. s. vi. purpose of being employed as bankilng capital.'AraTrovpLa: and Simplicius on A-istot. PhIys. iv. Though such moneys were also styled 1rapac-aOap. 167. a.); but this is no pt-icular day of the  icea, or deposits, to distinguish them from the prifestival, for fErL~Ma signifies nlstling else but a day  vate capital of the banker (ia &cpopoi/), there is
subsequent to any festival.  (See Rhunken, Ad  an essential difference between the actions &qpop/pl/s
Tim. Lex. Plat. p. 119.)               [L. S.]    and 7rcpancKara0o7tcns, as the latter implied that the
APAU'LIA.  [MATItMONIUM.]                       defendant had refused to return a deposit intrusted
APELEU'THERI (a&reAevOepos). [LInBETI.]  to him, not upon the condition of his paying a
APERTA  NAVIS.  [NAVIS.]                        stated interest for its use, as in the former case,
APEX, a cap worn by the flamines and salii at but merely that it might be safe in his keeping
Rome.  The essential part of the apex, to which  till the affairs of the ploaitiff should enable him to
alone the name properly belonged, was a pointed  resume its possession in security.  [PAOlACATApiece of olive-wood, the base of which was sutr- THIECEI.]  The former action was of the class 7rpos
rounded with a lock of wool.  This was worn -on  rieva, and camle under the jurisdiction of the thesimothe top of the head, and was held there either by  thetae.  The speech of Demosthenes in behalf of
fillets only, or, as was more commoasly the case, Phornio  was made in a 7raypapafi  against an
by the aid of a cap, which fitted the head, and  action of this kind.                   [J. S. M.]
was also fastened by means of two strings or bands,    APHRACTUS.  [NAvIs.]
which were called apicula (Festus, s. v.), or of'-    APIHIRODI'SIA  ('Acppo8,ilxc), festivals celefEndices (Festus, s. v.), though the latter word is brated in honour of Aphrodite, il a great nulbter
also interpreted to niean a kind of button, by  of towns in Greece, but particularly in the island
which the strings were fastened under the chin. of Cyprus. -11er mlost ancient temple was at Paphos,
(Comp. Serv. ad Virg. Aen. ii. 683, viii. 664, x. which was built by Arias or Cinvras, in whose
270.)                                             family the priestly dignity was hereditary. (Tacit.
The flamines were forbidden by law to go into  [list. ii. 3, AAnnal. iii. 62; Maxim. Tyr. Seran. 83.)
public, or even into the open air without the apex  No bloody sacrifices were allowed to be offered to
(Gell. x. 15), and hence we find the expression of her, but only pinre fire, flowers, and incense (Virg.
aliccui apicem dialem ismponere used as equivalent to  Aen. i. 116); and therefore, when Tacitus (I[ist.
the appointment of a flamen dialis.  (Liv. vi. 41.)  ii. 3) speaks of victims, we must either suppose,
Sulpicius was dei rived of the priesthood, only be-  with Ernesti, that they were killed merely that the
cause the apex fell from  his head whilst he was  priest might inspect their intestines, or for the pursacrificing.  (Val. Max. i. 1. ~ 4.)               pose of affording a feast to the persons present at
Dionysius (ii. 70) describes the cap as being of the festival.  At all events, however,'the altar of
a conical form.  On ancient monuments we see it the goddess was not allowed to be polluted with
round as well as conical.  From its various forms, the blood of the victims, which were mostly heas shown on bas-reliefs and on coins of the Roman  goats.  Mysteries were also celebrated at Paphos
emperors, who as priests were entitled to wear it, in honour of Aphrodite; and those who were ini



APOGRAPHfE.                                       APOKERUXIS.                   103
tiated offered to the goddess a piece of money, and  cial award, as in the case of a declared state
received in return a measure of salt and a phallus. debtor.  If no opposition were offered, the apoIn the mysteries themselves, they received instruc- graphle would attain its object, under the care of
tions'v -'p TeX,'9 E otxIp. A  second or new  the magistrate to whose office it was brought;
Paphos had been built, according to tradition, after otherwise, a public action arose, which is also dethe Trojan war, by the Arcadian Agapenor; and, signated by the same title.
according to Strabo (xiv. p. 683), men and women    In a cause of the first kind, which is said
from other towns of the island assembled at New  in some cases to have also borne the name 7rdeOv
Paphos, and went in solemn procession to Old  EXEL a' xppara teal 7rloa -rauTa eY'&, the claimant
Paphos, a distance of sixty stadia; and the name  against the state had merely to prove his title to
of the priest of Aphrodite, &y-IcWP  (Hesych. s. ev.), the property; and with this we must class the
seems to have originated in his heading this pro-  case of a person that impugned the apograpli,
cession.  Aphrodite was worshipped in most towns  whereby the substance of another was, or was proof Cyprus, and in other parts of Greece, such as posed to be, confiscated, on the ground that he had
Cythera, Sparta, Thebes, Elis, &c.; and though  a loan by way of mortgage or other recognised
no Aphrodisia are mentioned in these places, we  security upon a portion of it; or that the part in
have no reason to doubt their existence; we find  question did not in any way belong to the state
them expressly mentioned at Corinth and Athens, debtor, or person so mulcted.  This kind of oppowhere they were chiefly celebrated by the numerous  sition to the. apogscraphl is illustrated in the speech
prostitutes. (Athen. xiii. pp. 574, 579, xiv. p. 659.)  of Demosthenes against Nicostratus, in which we
Another great festival of Aphrodite and Adonis in  learn that Apollodorus had instituted an apograpvhe
Sestus is mentioned by Musaeus.  (IHero and  against Arethusius, for non-payment of a penalty
Leand. 42.)                             [L. S.]   incurred in a former action.  Upon this, NicoAPLUSTRE.  [NAvIs.]                              stratus attacks the description of the property, and
APOCLE'TI (a&roIcXTolt). [AETOLICUM FOE- maintains that three slaves were wrongly set down
Dus, p. 27. b.].                                   in it as belonging to Arethusius, for they were in
APODECTAE (anroe'Krat), the Receivers,were  fact his own.
public officers at Athens, who were introduced by    In the second case, the defence could of course
Cleisthenes in the place of the ancient colacretae  only proceed u)pon the alleged illegality of the former
(KcwXaKmpe'ra).  They were ten in number, one for penalty; and of this we have an instance in the
each tribe, and their duty was to receive all the  speech of Lysias, for the soldier.  There Polyaenus
ordinary taxes and distribute them to the separate  had been codidemned by the generals to pay a fine
branches of the administration, which were enti- for a breach of discipline; and, as he did not pay
tied to them.  They accordingly kept lists  of it within the appointed time, an apographe to the
persons indebted to the state, made entries of all amount of the fine was directed against him,
moneys that were paid in, and erased the names of which he opposes, on the ground that the fine was
the debtors from the lists.   They had the power illegal.  The aograps-lie might be instituted by an
to decide causes connected with the subjects under  Athenian citizen; but if there vwere no private
their management; though if the matters in dis- prosecutor, it became the duty of the demarchi to
pute were of importance, they were obliged to  proceed with it officially.  Sometimes, however,
bring them for decision into the ordinary courts. extraordinary commissioners, as the cvAXo'yets and
(Pollux,viii. 97; Etymolog. Mag. H-arpocrat. Suid.  (irlTatf, were appointed for the purpose.  The
Hesych. s. v.; Aristot. Pol. vi. 8; Dem. c. Timiocr. suits instituted against the apoograpl/l  belonged to
pp. 750, 762; Aesch. c. Ctes. p. 375; Bbickh, Publ.  the jurisdiction of the Eleven, and for a while to
Econ. o'f Atlieis, p. 159, 2nd ed.)                that of the Syndici.  (Ilpbs TO7S cVVtAfKOIS adroAPOGRAPHE' (a&roypap)l), is literally "a  Tpaqaes &croTypdqwv, Lycurg. quoted by Harpolist, or register;" but in the language of the Attic  cration..)  The further conduct of these causes
courts, the terms a&ro'ypad-eLv  and a7ro'ypdeEoOcai would, of' course, in a great measure depend upon
had three separate applications:-.'Airoypaqe  the claimant being, or not being, in possession
was used in reference to an accusation in public  of the proscribed property.  In the first case the
matters, more particularly when there were several droypaqowY, in the second the claimant, would
defendants; the denunciation, the bill of indict-  appear in the character of a plaintiff.  In a case
ment, and enumeration of the accused, would in  like that of Nicostratus above cited, the claimant
this case be termed apogralpAeS, and differ but little, would be obliged to deposit a certain sum, which
if at all, from the ordinary yrcapes.  (Andoc. de he forfeited if he lost his cause (7rapamcraeoA\);
Mydt. 13; Antiph. de Clioemiut. 783.)  2. It im-  in all, he would probably be obliged to pay the
plied the making of a solemn protest or assertion  costs or court fees (7rpvrave7sa) upon the same conbefore a magistrate, to the intent that it might be  tingency.
preserved by him, till it was required to be given    A  private citizen, who prosecuted an indiviin evidence.  (Dem. in Phaen. 1040.)  3. It was  dual by means of &,roeypacp,  forfeited a thousand
a specification of property, said to belong to the  drachmae, if he failed to obtain the votes of onestate, but actually in the possession of a private  fifth of the dicasts, and reimbursed the defendant
person; which specification was made, with a view  his prytaneia upon acquittal.  In the former case,
to the confiscation of such property to the state. too, he would probably incur a modified atimia,
(Lys. de AristopA. Bonis.)                        i. e. a restriction from  bringing such actions for
The last case only requires a more extended  the future.                             [J. S. M.]
illustration.  There would be two occasions upon    APOKERUXIS   (&aroK7puts),  implies the
which it would occur; first, when a person held  method by which a father could at Athens dissolve
pualic property without purchase, as an intruder; the legal connection between himself and his son;
and secondly, when the substance of an individual but as it is not mentioned by any of the orators
was liable to confiscation in consequence of a judi-  or the older writers, it could rarely have taken
4




104              APOPHIORA.                                         APOSTOLEIS.
place.  Acccrding to the author of the declama  the purpose of carrying on the war ag.inst the
tion on the subject ('A'rrotc-pvVTTde~vos), which has  Persians. When Athens acquired the supremacy,
generally been attributed to Lucian, substantial these moneys were called qodpot.  (Boickh, ibid.
reasons were required to insure the ratification of p. 396.)
such extraordinary severity.  Those suggested in    APOPHORE'TA (a&roc0/dp7jra), presents which
the treatise  referred to  are, deficiency in filial  were given to friends at the end of' an entertainattention, riotous living, and profligacy generally.  ment, to take. home with them.  These presents
A  subsequent act of pardon might annul this  were usually given on festival da)s, especially
-solemn rejection; but if it were not so avoided, during the Saturnalia.  Mlartial giNcs the title of
the son was desnied by his father while alive, and  Apopl/orsela to the fourteenth book of his lpiglrasms,
disinherited afterwards.   It does not, however, which contains a unumb er of epigrams on the tllills
appear that his privileges as to his tribe or the  usually given away as ca)po/orelta-.  (Suet. cS7p.
state underwent any alteration.  The court of the  19; (l. 55; Octav. 7.5.)
archon must have been that in which causes of    APOPHRADES   I-EMETAI   (&aroq5pcies
this kind were brought forward, and the rejection'Ie.CpaL), unlucky or unfortunate days (dies ne/fisti),
would be completed and declared by the voice of on which n.o public business, nor anly important
the herald (daroKcpv~ai).  It is probable that an  afftirs of a.ny kind, were transacted at Athens.
adoptive father also might resort to this remedy  Such were the last three days but one of every
against the ingratitude of a son.  (Meier, Alt. month, and the twenty-fifth day of the month
Process, p. 432, &c.)               [J. S. M.]    Thargelion, on which the Plynteria were celeAPOLEIPSIS (&ro'uxhAets).  [DIvoRTIuM.]   brated.  (Ese/. M11g. p. 131; Pllt. Alcib. 34;
APOLLINA'RES LUDI).  [LunI.]                     Lucian, Pseudolog. 13; Schunmann, De Colnitiis,
APOLLO'NIA  ('A7roXXWcl'a) is the name of a  p. 50.)
propitiatory festival solemnized at Sicyon, in honour    AP')01.RI-I'LTA  (&7ro3jsa), literally " thilgs
of Apollo and Artemis, of which Pausanias (ii. 7. forbidden," has two peculiar, but widely differenlt
~ 7) gives the following account: -Apollo and  acceptations in the Attic dialect.  In one of these
Artemis, after the destruction of the Python, had  it impllies contralanld goods, an enumeration of
wished to be purified  at Sicyon (Aeyialea); but which at the different periods of Athenian histolrs,
being driven away by a phantom (whence in after-  is given by Bbckh (i'zsl. L'conz. of' Althens, p. 5,3
times a certain spot in the town was called Q4,dos), 2nd ed.); in the other, it dlenotes certain contllthey proceeded to Carmnanos in Crete.  Upon this  meliolls epithets, fiom  the application of which
the inhabitants of Sicyon were attacked by a pesti-  both the living and the dead were protected l-y
lence, and the seers ordered them to appease the  special laws.  (Meier, Att. Process. p. 432.)
deities.  Seven boys and the same lsumber of girls  Amonlg these, aYabd ovos,  rarpaAoLas, and tuerpawere ordered to go to the river Sythas, and bathe  Aoias are certainly  to be reckoned; and other
in its waters; then to carry the statues of the two  words, as th~aawrLs, though not forbidden no;lideities into the temple of Peitho, and from thence  naltil  by the law, seem  to have been equally
back to that of Apollo.  Similar rites, says Pausa-  actionable.  The penalty for using these words
nias, still continue to be observed; for at the fes- was a fine of 500 drachm-ae (Isoc. it Locih. p. 396),
tival of Apollo, the boys go to the river Sythas, recoverable in an  action for abusive language
and carry the two deities into the temple of Peitho,  (tKamcqeopias).  It is surmnised that this fine was iland thence back to that of Apollo.                iurred by Meidias in two actions on the occasion
Although festivals under the name of Apollonia, mentioned by Demosthenes (in iliid. pp. 540, 543;
in honour of Apollo, are mentioned in no other  see also IIdtwalcker,De Dicetet. p.150). [J.SiM.]
place, still it is not improbable that they existed un-    APOSTA'SIOU  DIKEI' (aroereaaiou Litcq7).
*der the same name inll other towns of Greece. [L. S.]  This is the only private suit which came, as fdlr as
APOPEMPSIS (i7rd7re/LssS).  [vDIVORTIUM.]  we kllow,. under the exclusive jurisdiction of the
APOPIHANSIS, or APOPHASIS  (7ropav-  polemarch.  (Aristot. De Aith. HRey. quoted by
ots or &.rdpaaos), was the proclamation of the de- Harpocrat.)  It could be brouglht against none
cision which the majority of the judges camne to at but a freedman (a&reXAe;iepos), aid the only prothe end of a trial, and was thus also used to signlify  secutor permitted  to appear was the citizen to
the day on which the trial took place.  (Dem. c. whom he had been indebted for his liberty, unless
Eueryet. p. 1153; Lex Rlietor. p. 210.)  The word  this privilege was transmitted to the sons of such
was also employed to indicate the account of a  former master.  The tenor of the accusation was,
person's property, which was obliged to be givens  that there had been a default in duty to the plrowhen an antidosis was demanded.  [ANTIDOSIS.]  secutor; but what attentiolls might be claimed
APO'PHIORA (U'&roqopd), which properly means from  the freedman, we are not informed.  It is
"produce or profit" of any kind, was used at said, however, that the greatest delict of this kind
Athens to signify the profit which accrued to minas-  was the selection of a patrlon (urpoosd-r-qs) other
ters from their slaves.  It thus signified the sum  than the former master.  If convicted, tile defendwvhich slaves paid to their masters when they la- ant was publicly sold; but if acquitted, the unboured on their own account, and the sum which  prosperous connection ceased for ever, and the
masters received when they let out their slaves on  freedlman  vas at liberty to select anly citizen for
hire either for the mines or any other kind of his patron.   The patron could also sulmmarily.abour, and also the money which was paid by the  punish the above-mentioned delinquencies of hIis
state for the use of the slaves who served in the  freedman by private inlcarceration without any
fleet.  (Dem. c. Apihob. i. p; 819, c. Nicostr. p. legal award. (Petit. Leg. 4 ttic. p. 261.)  [J. S. M.]
1253; Andoc. Deo f lgster. p. 19; Xen. Rep. A/li.    APOSTOLEIS (r.LorroN), ten public officers
1.11; Bickhi, Paubl. Econ. of 4tAens, p. 72, 2nd ed.)  at Athens, whose duty it was to see that the ships
The term apophora was also applied to the money  were properly equipped and provided by those
which was paid by the allied states to Sparta, for who were bound  to discharge  the trirarchy.




APOTHEOSIS.                                        APOTHEOSIS.                  105
They had the power, in certain cases, of imprison-  occasion  a  semblance  of minurning, combin Al
img the trierarchs who neglected to furnish the  with festival and religious observances, is visible
ships properly (Dem. epro (bor. p. 262); and they  throughout the city.  The body of the dead they
constituted a board, in conjunction with the in-  honour after human fashion, with  a  splendid
spectors of the docks (oi'Cov VeWpfiv'WY ErqeAxr7ral),  funeral; and making a waxen image in all respects
for the prosecution of all matters relating to the  resembling him, they expose it to view  in the
equipment of the ships.  (Dem. c. Euerg. p. 1147; vestibule of the palace, on a lofty ivory couch of
Meier, Att. Process, p. 112; Biickh, Publ..Econ. great size, spread with cloth of gold.  The figure
of Athens, p. 543.)                               is made pallid, like a sick man.  During most of
APOTHE'CAi (&7roOlKc), a place in the upper  the day senators sit round the bed on the left side,
part of the house, in which the Romans frequently  clothed in black; and noble women on the right,
placed the earthen amphorae in which their wines  clothed in plain white garments, like mourners,
were deposited.  This place, which was quite  wearing no gold or necklaces.  These ceremonies
different from  the cella visairia, was above the. continue for seven days; and the physicians sevefiislmariZin; since it was, thought that the passage  rally approach the couch, and looking on the sick
of the smoke through the room tended greatly to  man, say that he grows worse and worse.  And
increase the flavour of the wine.  (Colunl. i. 6. when they have made believe that he is dead, the
~ 20; tior. Corm. iii. 8. 11, Sat. ii. 5. 7, and  noblest of the equestrian and chosen youths of the
Heindorf's note.)  The position of the apotheca  senatorial orders take up the couch, and bear it
explains the expression in Horace (Carm. iii. 21.  along the Via Sacra, and expose it in the old
7), Descende, testa. (Comp. Becker, Gallus, vol. ii. forum.  Platforms like steps are built upon each
p. 169.)                                           side; on one of which stands a chorus of noble
APOTI-IEO'SIS (3&roOE'ools), the enrolnent of youths, and on the opposite, a chorus of women of
a mortal among the gods.  The mythology of high rank, who sing hymns and songs of praise
Greece contains numerous instances of the deifica- to the deceased, modulated in a solemn and mourntion of mortals; but in the republican times of full strain.  Afterwards  they bear the  couch
Greece we find few examples of such deification. through the city to the Campus Martius, in the
The inhabitants of Amphipolis, however, offered  broadest part of which a square pile is constructed
sacrifices to Brasidas after his death  (Thulc. v. entirely of logs of timber of the largest size, in the
11); and the people of Egeste built an /herouzn  to  shape of a chamber, filled with faggots, and on the
Philippus, and also offered sacrifices to him on ac-  outside adorned with hangings interwoven  with
count of his personal beauty. (Herod. v. 47.)  In  gold and ivory images and pictures.  Upon this, a
the Greek kingdoms, which arose in the East ons  similar but smaller chamber is built, with open
the dismemberment of the empire of Alexander, it doors and windows, and above it, a third and
does not appear to have been uncommon for the suc- fourth, still diminishing to the top, so that one
cessor to the throne to have offered divine lionours  might compare it to the light-houses which are
to the former sovereign.  Such an apotheosis of called Phari.  In the second story they place a
Ptolemy, king of Egypt, is described by Theo-  bed, ald collect all sorts of aromatics and incense,
critus in his 17th Idyl.  (See Casaubon's note on  and every sort of fragrant fruit or herb or juice;
Suet. Jul. Caes. 88.)                             for all cities, and nations, and persons of eminence
The term  apotheosis, among the Romans,, pro-  emulate each other in contributing these last gifts
perly signified the elevation of a deceased emperor in honour of the emperor.  And when a vast heap
to divine hoenours. This practice, which was com-  of aromatics is collected, there is a procession of
mon upon the death of almost all the emperors, horsemen and of chariots around the pile, with the
appears to have arisen from the opinion, which was  drivers clothed in robes of office, and wearing
generally entertained aniong the Romans, that the  masks made to resemble the most distinguished
souls or manes of their ancestors became deities; Roman generals and emperors.  When all this is
and as it was common for children to worship the  done, the others set fire to it on every side, which
manes of their fathers, so it was natural for divine  easily catches hold of the fMggots and aromatics;
honours to be publicly paid to a deceased emperor, and from  the highest and smallest story, as fromn
who was regarded as the parent of his country. a pinnacle, an eagle is let loose to mount into the
This apotheosis of an emperor was usually called  sky as the fire ascends, which is believed by the
conzsecratio; and the emperor who received the  Romans to carry the soul of the emperor from
honour of an apotheosis, was said in deorm nu- earth to heaven; and from that time he is wornerum reefb1ri, or conseerari. In the earliest times  shipped with the other gods."
Romulus is said to have been admitted to divine    In conformity with this account, it is common
llonours under the name of Quirinus (Plst. Rose. to see on medals struck in honour of an apotheosis
27, 28; Liv. i. 16; Cic. de Rep. ii. 10); but none  an altar with fire oil it, and an eagle, the bird of
of the other Roman kings appears to have received  Jupiter, taking flight into the air.  The number of
this honour, and in the republican times we also  medals of this description is very numerous.  We
read of no instance of an apotheosis. Julius Caesar  can from these medals alone trace the names of
was deified after his death, and games were insti-  sixty individuals, who received the honours of an
tuted to his honour by Augustus (Suet. Jul. Caes. apotheosis, from the time of Julius Caesar to that
188); and the example thus set was followed in  of Constantinle the Great.  On most of them  the
the case of the other emperors.                    word CONSECRATIO occurs, and on some Greek
The cerelmonies observed on the occasion of coins the word A$IEPrICI:. The following woodan apotheosis have been minutely described by  cut is taken from  an agate, which is supposed to
Herodian (iv. 2) in the following passage:-  represent the apotheosis of Germanicus.  (MontIt is the custom of the Romans to deify those  faucon, Ant. ErTsph. Suppl. vol. v. p. 137.)  In his
of their emperors who die, leaving successors; left hand he holds the cornucopia, and Victory is
sand  this rite they  call apotheosis.   On  this  placing a laurel crown upon him.




106            APPELLATIO.                                         APPELLATIO.
I.-4 _i  be obtained, if the loser could prove that it was. ___________,__4_____-_._._ _        not owing to his negligence that judgment had
gone by default, or that the dicasts had been de|Sb.-cglitF / < a,2?     a     ceived by false witnesses.  And upon the expllsion of the thirty tyrants, a special law annulled
all the judgments that had been given during
the usurpation.  (Dem. c. Timocr. p. 718.)  The
M,-   tt 0   X       l 4 peculiar title of the above-mentioned causes was
~~I                              /u nlilit~~~a' 1,dLo  81Ka1,, which was also applied to all causes
of which the subject-matter was by any means
An appeal from  a verdict of the heliasts was
allowed only when one of the parties was a citizen
0 of a foreign state, between which and Athens
an  agreement  existed  as  to  the  method  of
p —, -~-~.~'~9-'=~-~ ~:~!    settling  disputes between individuals of the respective countries (fKar &7rb ovugodhAcov). If suc!l
A very similar representation to the above is a foreigner lost his cause at Athens, he was perfound on the triumphal arch of Titus, on which  mitted to appeal to the proper court in another
Titus is represented as being carried up to the  state, which (EmCKXrm-os sorAis) Bbckh, Schijnann,
skies on an eagle.  There is a beautiful represen- and Hudtwalcker suppose to have been the native
tation of the apotheosis of Augustus on an onyx- country of the litigant.   Platner, on the other
stone in the royal museum of Paris.                hand, arguing from the intention of the regulation,
Many other monuments have come down to us, viz. to protect both parties from the partiality of
which represent an apotheosis.  Of these the most each other's fellow-citizens, contends that some
celebrated is the bas-relief in the Townley gallery  disinterested state would probably be selected for
in the British  Museum, which represents the  this purpose.  The technical words employed upon
apotheosis of Homer. It is clearly of Roman work- this~ occasion are iKKtahe?,, EIcKahAetoOal, and s7
manship, and is supposed to have been executed in  EcKKAr0-oS, the last used as a substantive, probably
the time of the Emperor Claudius.                 by the later writers only, for &peGrIs.  (Harpocr.
The wives, and other female relations of the  Hudtw. De Diaet. p. 125.)   This as well as the
emperors, sometimes received the honour of an  other cases of appeal are noticed by Pollux (viii.
apotheosis. This was the case with Livia Augusta,  62, 63) in the following words: -  "'"Eeerts iis
with Poppaea the wife of Nero, and with Faustina  when one transfers a cause from the arbitrators
the wife of Antoninus.  (Suet. Claud. 11; Dion  (lanT'lT —aL), or archons, or men of the township
Cass. xl. 5; Tac. Ann. xvi. 21; Capitolin. Anton.  (61qu/oral) to the dicasts, or from the senate to the
PI/idos. 26.)                                      assembly of the people, or from the assembly to a
APPARITO'RES, the general name for the  court (Kao'ai-rplmo), or from the dicasts to a foreign
public servants of the magistrates at Rome, namely, tribunal; and the cause was then termed EpEcri'uo s.
the ACCENSI, CtARNIFEX, COACTORES, INTER- Those suits were also called i-cckWKrat sfKai.  The
PRETES,9LICTORES,PRAECONES, SCRIBAE, STATOR, deposit staked in appeals, which we now  call
STRATOR, VIATORES, of whom an account is given  7rapadAXiov, is by Aristotle styled 7rapat~oho.'
in separate articles.  They were called apparitores  The appeals from the diaetetae are generally menbecause they were at hand to execute the conl- tioned by Dem. c. Ap/hob. p. 862; c. Boeot. de
mands of the magistrates (quod iis apparebcat et Dote, pp. 1013, 1017, 1024; and Hudtwalcker
p'aesto ercant ad obseqsuimn, Serv. Ad Vis:q. Aen. xii. supposes that they were allowable in all cases
850; Cic. pso Cluent. 53; Liv. i. 8).  Their except when the ug ovoa 8L/Kl was resorted to.
service or attendance was called acparitio.  (Cic.  [DIirE.]
atd tcamn. xiii. 54, ad QzC. Fs. i. 1. ~ 4.)  The    It is not easy to determine upon what occasion1s
servants of the military tribunes were also called  an appeal from the archons could be preferred; for
apparitores.  We read that the Emperor Severus after the time of Solon their power of decidifn
forbade the military tribunes to retain the appari-  causes had degenerated into the mere presidency of
tores, whom  they  were  accustomed  to have. a court (Qryetovta 8cKag-rsTpLvO), and the conduct
(Lamprid. Sever. 52.)                              of the previous examination of causes (adcvapplrts).
Under the emperors, the apparitores were di- It has been also remarked (Platner, Proec. lnd
vided into numerous classes, and enjoyed peculiar  Klkq. vol. i. p. 243), that upon the plaintiff's suit
privileges, of which an account is given in Just. being rejected in this previous examination as
Cod. 1-2. tit. 52-59.                             unfit to be brought before a court, he would most
APPELLA'TIO.  1. GREEK (eoEtIs, or Ova- probably proceed against the archon in the asseml.
8cKfa).  Owing to the constitution of the Athenian  bly of the people for denial of justice, or would
tribunals, each of which was generally appropriated  wait till the expiration of his year of office, and
to its particular subjects of cognisance, and therefore  attack him when he came to render the account of
could not be considered as homogeneous with or his conduct in the magistracy (el'0)vat). (Antiph.
subordinate to any other, there was little oppor-  De Cl/oreut. p. 788.) An appeal, however, from the
tunity for bringing appeals properly so called.  It archons, as well as from all other officers, was very
is to be observed also, that in general a cause was  possible when they imposed a fine of their own
finally and irrevocably decided by the verdict of authority and without the sanction of a court; and
the dicasts (8iKnc  av'TosEA1s).  There were, how-  it might also take place when the king archon had
ever, some exceptions, in which appeals and new  by his sole voice made an award of dues and privitrials might be resorted to.                       leges (ydpa) contested by two priesthoods or sacerA new trial to annul the previous award might dotal races.  (Lex. Rhletoricuen, pp. 219, 19.)




APPELLATIO.                                        APPELLATIO.                    107
The appeal from the demotae would occur, when  from an inferior to a superior magistrate; and from
a person hitherto deemed one of their members, one tribune to another.
lad been declared by them to be an intruder and    The appeals which have here been referred to,
no genuine citizen.  If the appeal were made, the  were limited to criminal matters. In civil suits there
demotae appeared by their advocate as plaintiff,  was not, and could not be any appeal under the reand the result was the restitution of the franchise, public, for the purpose of revising and altering a
or thenceforward the slavery of the defendant.     decision, for each magistrate had power to decide
It will have been observed, that in the three  finally within the limits of his jurisdiction: and as
last cases, the appeal was made from few or single  a general rule, the sentence of a judex could not
or local judges to the heliasts, who were con- be reversed by the magistrate who appointed the
sidered the representatives of the people or country. judex.  The only mode in which a person could
With respect to the proceedings, no new documents  have relief, in such cases, was by the intercessio
seem to have been added to the contents of the  of a superior magistrate, or the appellatio of the
echinus upon an appeal; but the anacrisis would  tribunes which would be in the nature of a stay of
be confined merely to an examination, as far as execution.  The In integrae restitutio also existed
was necessary, of those documents which had been  under the republic.
already put in by the litigants.                     When the supreme power became vested in the
There is some obscurity respecting the two next emperors, the terms provocatio and appellatio lost
kinds of appeal that are noticed by Pollux.  It is their original signification.  Thus Gellius (iv. 14)
conljectured by Schdmann (zAtt. tProcess, p. 771)  has used provocatio for appellatio.  In the Digest
that the appeal from the senate to the people refers  (49. tit. 1. D)e Appellationibus) provocatio and apto cases which the formler were for various reasons  pellatio are used indiscriminately, to express what
disinclined to decide, and by Platner (vol. i. p. 427), we call an appeal in civil matters: but provocatio
that it occurred when the senate was accused of seems so far to have retained its original meaning
having exceeded its powers.                       as to be the only term  used for an appeal in
Upon the appeal from the assembly to court, there  criminal matters.  The emperor centred in himis also a difference of opinion between the two last- self both the power of the populis and the veto of
mnentioned critics, Schlmann  maintaining  (Att. the tribunes; but the appeal to him was properly
Process, p. 771) that the words of Pollux are to be  in the last resort.  Augustus (Sueton. Octavianus,
applied to a voluntary reference of a cause by the  33) established a system  of regular appeals front
assembly to the dicasts, and Platner suggesting  litigant parties at Rome to the Praetor Urbanius,
the possible case of one that incurred a praejudicium  as in the provinces to the governors. Nero (Sueton.
of the assenlbly against him (7rpoCoAi, cKaraXelpo- Nero, 17) enacted that, all appeals from privati
Troi'a) calling upon a court (1cao'ripTlOv) to give  (Tacit. A neal. xiv. 28)judicesshould be to the senate.
hlim the opportunity of vindicating himself from a  Appellatio among the later Roman jurists, then, sigcharge that his antagonist declined to follow up. nlifies an application for redress from  the decision
Platner also supposes the case of a magistrate sum- of an inferior to a superior, on the ground of wrong
marily deposed by the assembly, and demanding  decision, or other sufficient ground.  According to
to prove his innocence before the heliasts. [J.S.M.]  Ulpian (Dig. 49. tit. 1), appeals were common
2. ROMAN.  The word APPELLATIO, and the  among the Romnals, " on account of the injustice
corresponding verb Cappellare, are used in the early  or ignorance of those who had to decide (jlldi.
Roman  writers to express the application of an  cantes), though sometimes an appeal alters a proindividual to a magistrate, and particularly to  per decision, as it is not a necessary consequence
a tribune, in order to protect himself from some  that he who gives the last gives also the best deciwrong inflicted, or threatened to be inflicted.  It sion."  This remark must be taken in connection
is distinguished from?mrovocatio, which in the early  with the Roman system  of procedure, by which
writers is used to signify an appeal to the populus  such matters were referred to a judex for his deciin a matter affecting life.  It would seem that the  sion, after the pleadings had brought the matter
provocatio was an ancient right of the Ronan  in dispute to an issue.  From the emperor himself
citizens.  The surviving Horatius, who murdered  there was, of course, no appeal; and by a constituhis sister, appealed  from  the dunmviri to the  tion of Hadrian, there was no appeal from  the
populus. (Liv. i. 26.)  The decemviri took away  senate to the emperor.  The emperor, in appointthe provocato; bhut it was restored by a lex con- ing a judex, might exclude all appeal and make
sularis de provocatiole, and it was at the same  the decision of the judex final. M. Aurelius by a
timie enacted that ii future no magistrate should  rescript (Dig. 49. tit. 1. s. 1, 21) directed an apbe made from  whom there should be no appeal. peal from the judgment of a judex to the magisOn this Livy (iii. 55) remarks, that the plebes  trate who had appointed the judex.  The appeal,
were now  protected by the provocatio and the  or libellus appellatorius, showed who was the aptriunicium auexileneo; this latter term has reference  pellant, against whom the appeal was, and what
to the appellatio properly so called (iii. 13. 56). was the judgmnent appealed firom.
Appius (Liv. iii. 56) applied (appellavit) to the    Appellatio also means to summon a party before
tribunes; and when this produced no effect, and  a judex, or to call upon him to perform something
he was arrested by a viator, he appealed (provo- that he has undertaken to do. (Cic. Ad Art. i. 8.)
cavil).  Cicero (De Orat. ii. 48) appears to allude  The debtor who was summoned (appellatus) by
to the re-establishment of the provocatio, which is  his creditor, and obeyed the summons, was said
mentioned by Livy (iii. 55). The complete phrase  respondere.
to express the provocatio is provocare ad populumi;    The system of appellationes as established under
and the phrase which expresses the appellatio, is  the empire was of very extensive application, and
appellare, and in the later writers appellm-re ad. was not limited to matters of criminal and civil
It appears that a person might ap1veilare from one  procedure. A person might appeal in matters that
magistrate to another of equal rank; and, of course, related to the fiscus, to penalties and fines, and




108           AQUAEDUCTUS.                                     AQUAEDUCTUS.
to civil offices and burdens.  This subject is fully  ornamental superstructure;  and were dedicated to
treated by Hollweg, Handbuch des Civilprozesses, some god or hero. Pausanias (x. 4. ~ 1) considers
p. 350.                               [G. L.]    no place to deserve the name of city, which has
APPLICATIO'NIS JUS.  [Exs.LIUTM.]              not such a fountain.  We are indebted to the
APROSTAISIOU  GRAPHE' (&irpov'raoLou  same author and other Greek writers for accounts
~ypaopi), an action falling under the jurisdiction of of some of the most celebrated fountains; such as
the polemarch, which was brought against those  that of Theagenes, at Megara (Paus. i. 40. ~ 1);
imetoeki, or resident aliens, who had neglected to  those of Peirene and Lerna at Corinth, where
provide themselves with a patron (7rpoo'rdT7s). there were many other fountains, as well as a
This action is stated to have been also brought  Roman aqueduct erected by Hadrian (ii. 3. ~~ 2,
against those metoeki, who exercised the rights of 3, 5; 4. ~ 5); that in the grove of Aesculapius at
full citizens, or did not pay the  sETotuIoy, a tax  Epidaurus (ii. 17. ~ 5); and several others (iv. 31,
of twelve drachmae exacted from resident aliens; 32, 34, vii. 5, 21, viii. 13), of which we need
but Meier has remarked that this action was only  only mention the Enneakrounos at Athens, which
applicable in such cases, provided that the metoeki was constructed by Peisistratus and his sons, and
had no patron.  (Harpocrat.; Zonar.; Suid. and  of which Thucydides records the interesting f:act,
the  other grammarians;  Meier, Att. Process, marking the transition from the natural springs to
p. 315, &c.)                                     the artificial fountain, and showing the importance
APSIS or ABSIS (a&ds), in its literal meaning  attached even to the former, that "it was called
from dir-rw, is a fastening of any kind; for example, CallirhoP formerly, when the springs were visible
the meshes of a net. (Hom. II. v. 487.) It was ap- (pavepixv  Crv -sr-yczv oboevv, Thuc. ii. 15; Paus. i.
plied specially to the joining together the extremities  14. ~ 1): to this enumeration might be added the
of a piece of wood, so as to give it the shape of a  springs of salt-water in certain temples; as in
bow; and hence it came to signify anything of those of Erechtheus at Athens, and of Poseidon
that shape, such as a bow, an arch, or a wheel. Hippius at Mantineia. (Paus. i. 26. ~ 5, viii. 10.
(Hes. Op. 424; Herod. iv. 72.)  A potter's wheel ~ 4.)
is described, in the Anthology, as KKeicAos h&7jos.   In these cases we have no reason to suppose that
The next transition of meaning is to anything  there was any thing more than a fountain over or
vaulted (for example, 4i /7rovpavc'a &ils, the vault close to the springs, forming a head for the water
of deaven, PIat. Plhaelr. p. 247, b.); and in this  derived, either immediately, or by very short
sense it was adopted in architecture, first, for any  channels, from  them.  But we are not without
building or portion of a building of a circular formn, examples of constructions more nearly approaching
or vaulted (Plin. Epist. ii. 17. ~ 18), and more  the Roman aqueducts in kind, though not in
especially for the circular and vaulted end of a  degree.  That the Greeks, at a very early period,
Basilica. (Paul. Nol. VEp. 12; Augustin, El). 203; had some powers of hydraulic engineering is shown
Isid. Orig. xv. 8.) For other applications of it, all by the draiange tunnels of the lake Copais, and
with the general meaning of a vault or curve, see  the similar  works of Phaeax  at Agrigentum
Forcellini.                           rP. O.]    [EMISSARmuM]; and we have an instance of a
AQUAEDUCTUS  (68paywyeya), literally, a  channel for water being carried through a mounwater-conduit, would, of course, properly describe  tain, to supply the city of Samos.  The height of
any channel for the passage of water; but the  the mountain was 150 orguiae (900 Greek feet) 
word is used especially for the magnificent struc- the length of the tilnnel wvas seven stadia (7-8ths
tures by means of which Rome and other cities of a Roman mile, or about 1420 yards); its section
of the Roman empire were supplied with water, was a square of eight Greek feet.  The actual
and which may be described in general terms as a  channel for the water was cut below this, and was,
channel, constructed as nearly as possible with a  if the text is right, thirty Greek feet deep, and
regular declivity from  the source  whence the  three wide; the water passed through pipes (i8d
water was derived to the place where it was de-  owvXwmvv) fiom a copious spring, and was thus
livered, carried through hills by means of tunnels, brought to the city.  (Herod. iii. 60.)  Miiller
and over valleys upon a substruction of solid  conjectures that the work was one of those executed
masonry or arches.                               by Polycrates (Arcliiol. d. Kunst, ~ 81).
The aqueduct is mentioned by Strabo as among    The chief regulations among the Greeks respectthe structures which were neglected by the Greeks, ing fountains and springs, whether in town or
and first brought into use by the Romans (v. country, were the following: —Water might be
p. 235).  It will presently be seen that this state- fetched from the public fountains or wells to a
ment requires some slight modification; but, if distance of four stadia; beyond this, persons must
understood of the grand structures we have referred  dig their own wells; but if any one dug to a
to, it is true enough that the Greeks (before the  depth of ten orguiae (or, according to Plato, y.eXpm
Roman conquest) had none such, and for the'r7s IcepayiU3os  ys) without finding water, he was
obvious reason, that they had no need of them. permitted to take from  his neighbour's well a
There is no occasion to discuss the possibility or pitcher of six clotes twice a day (Plut. Sol. 23;
impossibility of constructing aqueducts without Plat. Leq. viii. p. 844, a, b).
arches, which is the reason  alleged  by some    The Romans were in a very different position,
writers for their not being used by the Greeks; with respect to the supply of water, from most of
there is reason enough in the physical geography  the Greek cities.  They, at first, had recourse to
of the country.  Springs (icrpatYr, tpovvoi) were  the Tiber, and to wells sunk in the city; but
sufficiently abunndant to supply the great cities  the water obtained from those sources was very
with water; and great attention was paid to the  unwholesome, and must soon have proved insufpreservation and adornment of them; they were ficient, from the growth of the population, to say
converted into public fountains by the formation of nothing of the supplies afterwards required for the
a head for their waters, and the erection of an  nauzcachiae and public baths.  It was this neces



AQUAEDUCTUS.                                     AQ UAEDUCTUS.                  309
sity that led to the invention ff aqueducts, in  very existence of their numerous fountains; as a deorder to bring pure water from  a considerable  cisive ocular demonstration, we have given above a
distance, from the hills, in fact, which surround the  section of one of the many fountains still existing
Campagna.  The date of the first aqueduct is as- at Pompeii.  Another reason assigned for the
signed by Frontinus to the year A. U. c. 441, or construction of aqueducts by the Romans is their
B.c. 313 (De Aquaed. Urb. Romn. 4, p. 14, ed. wanlt of the materials, and the manufacturing skill,
Adler); and the number of aqueducts was gra- to make pipes of a sufficient size; combined, on
dually increased, partly at the public expense, and  the other hand, with the love of magnificence and
partly by the munificence of individuals, till, in the  the ostentatious disregard of expense, by which
time of Procopius, they amounted to fourteen; the architectural works of the empire are chaand, even before they were all erected, they might racterised.  Some weight should doubtless be aswell excite the admiration which Pliny expresses  signed to these considerations, although, in fact,
with respect to the Claudian aqueduct, in the fol- the Romans made use of pipes as well as aqueducts:
lowing passage (H. N. xxxvi. 15. s. 24): -" But but the great point is, that it has been too hastily
if any one will carefully calculate the quantity of assumed that the aqueduct is an unscientific mode
the public supply of water, for baths, reservoirs, of conveying water to a large city from distant
houses, trenches (ezsripi), gardens, and suburban  sources; or that it is peculiar to the ancients.
villas; and, along the distance which it traverses, London itself is chiefly supplied by an aqueduct,
the arches built, the mountains perforated, the  for such is the New River in principle, although
valleys levelled; he will confess that there never the country through which itflows is such as not
was any thing more wonderful in the whole world."  to require arches and tunnels like those of the
But why did  the Romans waste so much  Roman aqueducts; and the remark would apply to
money and labour on works, the purpose of which  several other great cities.  The whole matter is a
might have been effected much more scientifically  question of the balance of advantages.  On the
by the simple plan of laying pipes along the  one hand there is the expense of the aqueduct:
ground? Of course, it is easy to give the unthink-  on the other, the enormous pipes which would be
ing answer, that they were ignorant of the laws of required for the conveyance of an equal quantity
hydrostatics, and did not know that water finds  of water, their liability to get obstructed, and to
its own level!  It is truly marvellous that such  yield at the joints, the loss by friction, especially
an absurd notion should ever have been enter- in the bends, and the unequal pressure of the
tained, and yet it is the common explanation of water.  In fact, the most recent feat of engineerthe fact of their building aqueducts instead of ing science in this department is exactly a return
laying down water-pipes.  If it were at all neces- to the Roman aqueduct, which has been preferred
cessary to prove that a nation, so far advanced in  to any other plan for conveying water in large
civilisation as the Romans, or indeed that any in- quantities a considerable distance, over great individual arrived at years of discretion, had dis- equalities of ground: we refer to the aqueduct,
covered that water finds its own lavel, the proof begun in 1837 and finished in 1842, by which
might be supplied from passages in Latin authors *, the water of the river Croton is conveyed a disfrom the whole arrangements for the distribution  tance of forty miles, for the supply of New York,
of the water of the aqueducts, and from  the  and which is thus described: -" An artificial
channel, built with square stones, supported on
solid masonry, is carried over valleys, through
/ 9                                            rivers, under hills, on arches and banks, or through
tunnels and bridges, over these forty miles.  Not
a pipe, but a sort of condensed river, arched over
to keep it pure and safe, is made to flow at the
rate of a mile and a half an hour towards New
York."  A more exact description of an ancient
a l  A Wt9\\\\.  -        Roman aqueduct could not easily be given.  (See
Illustrations of' the Croton Aqueduct, by F. B.
Tower, 1843.)
The detailed description of the arrangements of
the aqueduct will be better understood, after an
enumeration of the principal aqueducts by which
water was conveyed to Rome across the Campagna.
~They were fourteen in number; and only four
of them belong to the time of the republic, while
five were built in the reigns of Augustus and
Claudius. Our knowledge of the subject is derived almost entirely from the treatise De Aquaea, a, The ascending pipe.                      dauctibus Urbis Romae, by S. Julius Frontinus, who
b, b, The basin, made of blocks of travertine.    was curator aqzlaum (keeper of the aqueducts)
under Nerva and Trajan.  It should be observed
* Vitruvius not only expressly states the law  that the Aquaeductus is often called simply Aqua.
(viii. 6, s. 5), but describes one form of the aque-    1. The Aqua Appia was begun by the censor
duct in which it was practically applied (viii. 7. Appius Claudius Caecus (to whom also Rome was
s. 6), as will be seen below. Pliny also, in de- indebted for her first great road), in B.c. 313. Its
scribing the passage of water through pipes, states  sources were near the Via Praenestina, between
the law in these very distinct terms:- -" Subit the seventh and eighth  milestones, amid its teraltitudinem exortus sui."  (I. N. xxxi. 6. s. 31.)  mination was at the salinae, by tme Porta Trigamina.




110           AQUAEDUCTUS.                                      AQUAEDUCTUS.
Its length was 11,190 passus, for 11,130 of which  length was 61,710 passuts, of which only 7463
it was carried under the earth, and for the remaining  were above ground; namely, 528 on solid sub60 passus, within the city, from the Porta Capena  structions, and 6935 on arches.  It was high
to the Porta Trigenzina, it was on arches.  The  enough to supply water to the summit of the
distribution of its water began from  the Clivus  Capitoline Mount. It ivas repaired by Agrippa
Publicius. (Frontin. 5; Liv. ix. 29; Diod. xx. 36; in his aedileship, B.c. 33 (see below, No. 5.), and
Aur. Vict. Vir. Illust. 34, who confounds it with  the volume of its water was increased by Authe Anio.)  No traces of it remain.              gustus, by means of the water of a spring 800
2. The Anio Vetus was commenced forty years passus from it: the short aqueduct which conlater, aI. c. 273, by the censor M. Curius Dentatus, veyed this water ivas called the Aqua Ai gusta,
ald was finished by M. Fulvius Flaccus.  The ex- but is never enumerated as a distinct aqueduct.
pense was defrayed out of the spoils taken from  Pliny states that the water of the Aqua Ifarecia
Pyrrhus.  The water was derived from the river was the coldest and most wholesome of all which
Ansio, above Tibur, at a distance of twenty Roman  was brought to Rome; and Vitruvius and other
miles from the city; but, on account of its wind- writers refer to the excellence of the water as being
ings, its actual length was forty-three miles, of proverbial.  Several arches of the Aqua Marcia
which length less than a quarter of a mile only  are still standing. (Frontin. 12; Plin. II.N. xxxi.
(namely, 221 passus) was above the ground. 3. s. 24, who differs from Frontinus in some of the
There are considerable remains of this aqueduct on  details; Strab. v. p. 240; Vitruv. viii. 3. ~ l;
the Aurelian wall, near the Porta Maggdiore, and  Dion Cass. xlix. 42; Plut. Coriol. 1; Propert. iii.
also in the neighbourhood of Tivoli.  It was built 22, 24; Martial. vi. 42. 16; Stat. Silv. i. 5,
of blocks of peperino stone, and the water-course  25.)
was lined with a thick coating of cement. (Front. 6;    4. The Aqua Tepula,  which was built by the
Aur. Vict. VTr. Ill. 43.)                        censors Cu. Servilius Caepio and L. Cassius Lon3. The Aquta Mgarcia, one of the most importalet ginus in B. C. 127, began at a spot in the Lucullan
of the whole, was built by the praetor Q. Marcits  or Tusculan land, two miles to the right of the
Rex, by command of the senate, in B. C. 144. tenth milestone on the  /ia Lantina.  It was afterThe want of a more plentiful supply of water had  wards connected with
been long felt, especially as that furnished by the    5. The Aqua Julia. Among the splendid public
Alnio Vetus was of such bad quality as to be al- works executed by Agrippa in his aedileship;.
most unfit for drinking; and, in J. c. 179, the  B. C. 33, was the formation of a new aqueduct, and.
censors, M. Aemilins Lepidus and  M. Flaccus  the restoration of all the old ones.  From a source
Nobilior, had proposed the erection of a new  two miles to the right of the twelfth milestone of
aqueduct; but the scheme had been defeated, in  the Vice Latina, he constructed his aqueduct (the
consequence of Licinitis Crassus refusing to let it Aqua Julia) first to the Aqua Tepgula, in which
be carried through his lands. (Liv. xl. 51.)  The  it was merged as far as the reservoir (piscina)
two existing aqueducts had also fallen into decay  on the  Via Latisna, seven  miles fi'om  Rome.
by neglect, and had been much ilnjured by private  From this reservoir the water was carried along
persons drawing off the water at different parts of two distinct channels, on the same substructions
their coilrse.  The senate therefore commissioned  (which were probably the original substructions
the praetor Marcius to repair the old aqueducts, of the Aqua Telula, newly restored), the lower
and to build a third, which was named after him. channel being called the Aqua Tezula, and the
Some writers have pretended that the original upper the Aqua Julia;   and this double aqueduct
construction of this aqueduct is to be ascribed to  again was united with the Aqua ciMarcia, over the
Ancus Mareius, alleging a passage of Pliny (II.N. watercourse of which the other two were carried.
xxxi. 3. s. 2i), and a medal of the Marcian gens, The monument erected at the junction of these
family Philippus, which bears on the obverse a  three aqueducts, is still to be seen close to the
head with the legend ANcvs, and on the reverse  Porta S. Lorenzo. It bears an inscription referring
a representation of an aqueduct, with the letters  to the repairs under Caracalla.  (See the woodcut
AQVAMS  between  the  arches, supporting  an  below, p. 112.)  The whole course of the A qua
equestrian statue with the legend PHILLIPP vs:  Julia, from its source, amounted to 15,426 passus,
but those who know any thing of the history of partly on massive substructions, and partly on
Roman family records will understand that this  arches.  (Frontin. 8, 9, 19.)
medal bears no evidence to the point in question,    6. The Aqua Viryo was built by Agrippa, to
and is simply a perpetuation of two of the greatest supply his baths.  From  a source in a marshy
distinctions of the Marcia enas, their alleged de- spot by the eighth milestone on the Via Collativa,
scent from Ancus, and the aqueduct  which bore  it was conducted by a very circuitous route, chiefly
their name; and Pliny's opinionI is simply one of under the ground, to the 3il. Pincius, whence it
his ludicrous blunders, arising probably from his  was carried on arches to the CG172pus Mar'tius. Its
confounding Marcius Rex with the king Ancus  length was 14,105 passus, of which ]2,1865 were
Marcius. (Eckhel, Doctr. Niun. Vet. vol. v. p. 248.)  underground; in its subterranean course it received the water of numerous springs; and its
-o                         t;4vg o: } A d s RO~~10I awater was as highly esteemed for bathing as that
of the Aqcua 111arcia was for drillking.  It is one
It)Sg/g % _   _ --,           of the two aqueducts on the left bank of the Tiber,
-X{(Zt             t i    _ g which are still in use, though on a much-diminished
/V    3   I               i1              scale.  (See below.)  The origin of its namne is
variously explained. (Frontin. 10; Dion Cass. liv.
11; Plin.:I. N. xxxi. 3. s. 25; Cassiod. Vcr.
This aqueduct commenced at the side of the  vii. 6; Ovid, Trist. iii. 12. 22; Martial. v. 20. 9,
TVia Valeria,  thirty-six miles from  Rome; its  vi. 42. 18, xi. 47. 6.)




AQUAEDUCTUS.                                     AQUAEDUCTUS.                   Ill
7. The Aqua Alsietina (sometimes called also  reckoned with the nine, because its waters were
Aqua Augusta), on the other side of the Tiber, no longer brought all the way to Rome:
was constructed  by Augustus from  the Laczs    10. This was the Aqua Crabra, which had its
Alsietinus (Lago di Martignano), which lay 6500  source near that of the Julia, and which was oripassus to the right of the fourteenth milestone on the  ginally carried right through the Circus Maximus 
Via Claudia, to the part of the Regio Transtiberina  but the water was so bad, that Agrippa would inot
below  the Janiculus.  Its length was 22,172  bring it into the Julia, but abandoned it to the
passus, of which only 358 were on arches; and  people of the Tusculan land; hence it was called
its water was so bad that it could only have been  Aqua Damcnata.  At a later period, part of its
intended for the supply of Augustus's Naumnachlia, water was brought into theAqua Julia. (Frontin. 9.)
and for watering gardens.  Its reservoir was 1800  Considerable traces of it remain.
feet long by 1200 wide. (Frontin. 11.)             There are still four aqueducts of later con8, 9. The two most magnificent  aqueducts  were  struction to be added to the list.
the Aqua Claudia and the Anio Noaus (or Aqua    11. The Aqua Trcjana was brought by Trajan
Aniena Nova), both commenced by Caligula in  from  the Lacus Salbati7us (now Bracciano), to
A. D. 36, and finished by Claudius in A. D. 50. supply the Janiculus and the Regio Transtiberina.
The water oftheAquaClaudia was derived from two  Its construction is recorded on coins of gold, silver,
copious and excellent springs, called Caerulus and  and bronze, of the years 111 and 112 A. D.Cuertius, near the thirty-eighth milestone on the V~ia  (Eckhel, Doctr. Numz. Vet. vi. pp. 425, 428).
Sul5lacenlsis, and it was afterwards increased by a  Trajan also restored and improved the other aquethird spring, Albudinus.  Its water was reckoned  ducts, especially the Ansio Novus. (Frontin. 92, 93.)
the best after the Mclarcia.  Its length was 46,406    12. The Aqua Alexandrina was constructed by
palssus (nearly 46i miles), of which 9567 were on  Alexander Severns; its source was in the lands of
arches.  Of a still greater length was the Anaio  Tusculum, about fourteen miles friom  Rome, beNovus, which began at the forty-second milestone, tween Gabii and the Lake Regillus.  Its small
on the Via Sublacensis, and received in addition, at height shows that it was intended for the baths of
the thirty-eighth milestone, opposite the sources of Severus, which were in one of the valleys of Rome.
the A qua Claudia, a stream called the Rivus Hier- (Lamprid. Alex. Sev. 25; Fabretti, Diss. i. ~ 23.)
culaneus.  It was the longest and the highest of    13. The Aqua Septirsiana, built by Septimins
all the aqueducts, its length being nearly 59 miles  Severus, was, perhaps, only a branch of the Aqtua
(58,700 passus), and  some of its arches 109  Julia, formed by the emperor to bring water to his
feet high.  In the neighbourhood of the city these  baths.  (Fabretti, Diss. iii. ~ 285.)
two aqueducts were united, forming two channels    14. The Aqua Algentia had its source at M.
on the same arches, the Claudia below and the  Algidus by the Via Tusculana, 9000 passus from
Anio Novus above.  An interesting monument Rome, according to Fabretti; but more probably
connected with these aqueducts, is the gate now  15,000.. Its builder is unlknown.
called Porta Jliaggiore, which was originally a    These seem to have been the fourteen aqueducts,
magnificent double arch, by means of which the  which were still preserved in use at Rome in the
aqueduct was carried over the Via Lubicana and  time of Procopius (Gotlh. i. 19); but there is a
the Via Pruaenestina.  The Porta Labicana was  doubt respecting some of the last five.  Thus the
blocked up by Honorius; but the arch has been  Epilogus to the Notitia mentions the Ciziunia, the
lately cleared of his barbarous constructions. Over Severiana, and the Antonia, and makes the whole
the double arch are three inscriptions, which re- number nineteen; while Aurelius Victor enucord the names of Claudius as the builder, and of merates twenty.  The account of Procopius seems
Vespasian and Titus as the restorers of the aque- the most exact, and the excess in the other stateduct.  (See the woodcut below.)   By the side  ments may be explained from the enumeration of
of this arch the aqueduct passes along the wall of the small accessory branches of the chief aqueducts:
Aurelian for some distance, and then it is con- for the Aqua Jovia of Bunsen there is no sufficient
tinued upon the Anrcus Neroniani or Caelimontczi, authority. (Becker, Hancldb. d. brlm. Alterth. vol. i.
which were added by Nero to the original struc- p. 707.)
ture, and which  terminated at the temple of    Great pains were taken by successive emperors
Claudius, which was also built by Nero, on the  to preserve and repair the aqueducts.  From the
Caelius, where the water was probably conveyed  Gothic wars downwards, they have for the most
to a castellum already built for the Aqua Julia, part shared the fate of the other great Romal
and for a branch of the AAqua Marcia, which had  works of architecture; their situation and purpose
been  at some previous time continued to the  rendering them  peculiarly exposed to injury in
Caelius: the monument called the Arch of Dola- war; but still their remains form the most striking
bella is probably a remnant of this common castel- features of the Campagna, over which their lines
lue.  (Becker, Handb. d. Rims. Alterth. vol. i. of ruined arches, clothed with ivy and the wild
pp. 499 —502.)                                   fig-tree, radiate in various directions.  Three of
These nine aqueducts were all that existed in  them  still serve for their ancient use; and these
the time of Frontinus, who thus speaks of them  three alone, according to Tournon, supply the
collectively, in terms which can hardly be thought modern city with a quantity of water much greater
exaggerated: --   Tot aquaeru? tasm nsuzltis neces- than that which is furnished to Paris by the Canal
sarits inolibus pyramnidas aidelicet otiosas comzpares, de l'Ourcq, for a population six times as large.
aut inertia sed f/ztma celebrata opera Graecorum."  They are: -(1.) The Acqua Vergine, the ancient
It has been calculated that these nine aqueducts  Aqua Virgo, which was restored by Pope Pius IV.
furnished Rome with a supply of Wvater equal to  and further embellished by Benedict XIV. and
that carried down by a river thirty feet broad by  Clement XIII.  The chief portion of its waters
six deep, flowing at the rate of thirty inches a  gush out through the beautiful Fontana di Trevi,
second.  There was also another aqueduct, not but it also supplies twelve other public fountains,




112           AQUAEDUCTUS.                                     AQUAEDUCTUS.
and the greater part of the lower city.  (2.) The  Hadrian and Herodes Atticus, and that at Athelns
Acquta Felice, named after the conventual' name of was commenced by Hadrian and finished by Allto.
its restorer Sixtus V. (Fra Felice) is, probably, a  ninus Pius, who also built those at Corinth and
part of the ancient Aqua Claudia, though some  Nicomedia.  That at Evora, which was built by
take it for the Alexandrina.  It supplies twenty-  Quintus Sertorius, is still in good preservation;
seven public fountains, and the eastern part of the  and at its termination in the city has a very elecity. (3.) The Acqua Paola, the ancient Alsietina, gant castellueo  in two stories, the lower one of
supplies the Transtevere and the Vatican, and  which has Ionic columns.  Merida in Spain, the
feeds, among others, the splendid fountains before  Augusta Emerita of the Romans, who established
St. Peter's.  Of the ruins of the other aqueducts  a colony there in the time of Augustus, has among
the most extensive, within Rome, are those of the  its other antiquities the remains of two aqueducts,
Arctus Neroniani, and of the Aqua CGrabra; the  of one of which thirty-seven piers are standing,
most interesting are the Porta MAgyiore, with the  with three tiers of arches; while of the other
two channels of the Aqua Claudia and Anio Novus, there are only two which form part of the original
and the remains of the triple aqueduct of Agrippa  constructions, the rest being modern.  But that of
by the Porta S. Lorenzo. The following woodcut Segovia, for which some Spanish writers have
(after Hirt) represents restored sections of them, claimed an antiquity anterior to the sway of the
preserving their relative proportions: -          Romans in Spain, is one of the most perfect and
magnificent works of the kind anywhere remainC.                       ing.  It is entirely of stone, and of great solidity,
the piers being eight feet wide and eleven in
depth; and, where it traverses a part of the city,
b\/ > >   t;\\ W                    the height is upwards of a hundred feet, and it has
two tiers of arches, the lowermost of which are
exceedingly lofty.
l _.; _ WRS'~S\|A            We proceed to describe in detail the construcC                    \       \               -9gS tion and arrangements of Roman aqueducts. There
a\                                  are three matters to be considered: the source
Q!1,ll%,,,  Sfrom which the water was derived; the aqueduct
itself, by which it was conveyed; and the reservoir in which it was received, and fiom which it
l %, ~.~i Ad;  lwas distributed for use..1l        I                  (L.) T/he Sources. - It is unnecessary to follow
Vitruvius into the minute rules which he lays
down for the discovery of springs, where they
were not naturally visible, and for testing the
L _______!  al  1\     1'11        quality of the water: it is enough to refer to his
statements as showing the importance attached to
these points. (Vitruv. viii. 1.)  It was also neces,
sary that the springs should have such an ele-ation, as that, after allowing for the fall necessary
to give the channel its proper inclination, the water
_i --                     - l   L ~ t  lXshouldl enter the final reservoir at a sufficient
height to permit of its distribution for public and
private use; for there were no engines used, as in
modern waterworks, to raise the water to a higher
elevation than that at which it was requirsed.
When the source had been fixed upon, whether it
was an open spring (fons), or one got at by sinking a well (pIteus), a head was dug for the water,
7l I          rF X and inclosed with a wall; and, if necessary, the
~1,,, —-— 0.o                      supply was increased ly digging channels frlnl
1neighbouring springs: the rules for these operaFig. l.- Section of the Porte Magqiore a3t tions also are minutely laid down by Vitruvius
Rome: a. the Aquc  Claudic;. the Anio Novus   (viii. 7. s. 6 ~~ 12-15).
c. openings to give vent to the air.                (2.) Thle Clhannele or Aquedzct itsel:*-  In order
Fig. 2.- Sectioln of the triple aqueduct  of to convey the water from its source to its destinaAgrippa: a. the Aqua Mar ia; in. the Aqua  tion, a channel was constructed, having a slight,?ippa:l; c. the Aqua J Malia.   The  two latter are  and, as nearly as possible, a uniform  declivity.
of brick and vaulted over.  The air-vents are also  An elaborate description of the means adopted to
shown.                                           secure this object is quite needless for readers of
The magnificence displayed by the Romans in  the present day, as they were almost precisely
their public works of this class, was by no means
confined to the capital; for aqueducts more or less   Though theword aquaedctus is applied genestupendous were constructed by them in various  rally to the whole structure, yet in its special and
and even very remote parts of the empire,- at proper meaning it seems only to have signified
Athens, Corinth, Catana,  Salona, Nicomedia, that part of the work in which the water-channel
Ephesus, Smyrna, Alexandria in the Troad, Syra-  was carried over a valley, on arches or on solid
cuse, Metz, Clermont in Auvergne, Nimes (the  substructions: a channel on the surface of the
Pont du Gard), Lyon, Evora, Merida, and Segovia. ground was properly called riveus; and one beneath
Those at Ephesus and Alexandria were built by  the surface, rivets szbte rraneus, or cuaiCulos.




AQUAEDUCTU$.                                     AQUAEDUCTUS.                  1 3
similar to those with which we are familiar in our aqueducts, will show how large a portion of them
railways: hills were pierced through by tunnels, was subterranean.
and valleys crossed either by solid substructions
or arches of masonry, according to the height required; and of these arches there were often two
tiers, and sometimes even three. The channel         e
itself (specus, canalis) was a trough of brick or
stone, lined with cement, and covered with a            
coping, which was almost always arched; and the   j      I  I  I   II   i i t  I
water either ran directly through this trough, or it
was carried through pipes laid along the trough.
When the channel was carried beneath the surface, if the hill through which it passed was of
rock, it was merely cut in the rock; but if of earth   [I           a              I
or sand, it was constructed of blocks of stone.                        8
The following woodcut represents a portion of2.-8.                            2 
a double-arched aqueduct, and shows a section of
the specus (a): b b are projecting blocks, which    a, The water-course, b, steps giving access to
are often seen in such positions, and which were  it; c, the shaft  d, e, section of the speces and
doubtless the supports for the centerings used in  shaft; f, transverse section of them.
building the arches.                               Instead of, or within, the specus, pipes (fistulae,
tubuli), were often used for the passage of the
Am_(__..........____  water. They were of lead, or terra-cotta (fictiles),
and sometimes, for the sake of economy, of leather.
The rules which Vitruvius lays down apply particularly to leaden pipes, although he gives the
preference to the carthen ones, chiefly on the
ground that the water which passed through them
was more wholesome.  The pipes were made in
lengths not less thaIn ten feet, and of various
3"   b  widths, which were denominated in the nianner
explained iunder FISTULA. They were cemented
together at the joints, which in earthen pipes were
made to overlap, and when the water was first let
in, ashes were mixed with it, in order that they,
might settle in the joints and stop them more completely.  The use of pipes permitted variations to
be made in the construction of the aqueduct:
namely, the water could be carried round, instead
of through a hill, if the circuit was not too great;
and in very wide valleys, the costly structure of
arches could be dispensed with.  In this case, a
low horizontal substruction was made across the
bottoin of the valley, and the pipe was brought
down the one slope, along this substruction, and
up the opposite slope, to a height, of course,
The object of covering the specus was to exclude  somewhat less than that of the opposite side. The
the sun and rain, and other corruptions and oh- horizontal part of the pipe across the bottom of the
structions; but it was necessary to provide a vent valley (venters), had ventilating openings for the
for the air, which otherwise would have been  escape of the air. At the bendings, insteadl of the
compressed to such a degree as to burst the walls  pipe, an elbow was bored in a solid piece of stone,
or roof of the specus.  These vent-holes were  into which the ends of the adjacent pieces of pipe
made at regular intervals in the roof of the specus, were securely cemented.  (For further details, see
or, when another channel passed over it, in the  Vitnivius.)   In those places where the pipes
side.  They are represented in the sections, given  were laid on the surface, reservoirs were sometimes
above, of the Aqua Claudia, Marcia, &c.  To  made, at intervals of 200 crctus (24,000 feet), in
ventilate the subterranean channel of an aqueduct, order that, if a part of the pipe needed repair, the
a shaft (puteus) of masonry was carried to the' supply of water might not be entirely cut off. The
surface of the ground at intervals of an actus, or advantage in the use of pipes, according to Vitruvius,
120 Roman feet (or two actus, according to Pliny, was the facility of repairing them.
who calls them lumina), as shown in the following    The slope (fastiyium), on which the aqueduct
awoodcut (after Hirt), which represents the plan, was built, in order to give the water a proper fall
longitudinal section, and  transverse section, of (libramentum), ought not, says Vitruvius, to be
part of a rivus subterraneus, the ruins of which  less than half a foot in every 100 feet (1 in 200);
still exist at Palmyra.                          but Pliny only allows a sicilicius (a quarter of an
The rivus subterraneus possessed the advantage  inch) in 100 feet.  The great circuit, which most
over the aqizaeductus of being less exposed to  of the aqueducts of Rome made, was taken chiefly
variations of temperature, and more secure from  (as is the case with the New River), to prevent
injury; on the other hand, it was of course more  the too rapid descent of the water.  There is,
difficult to get at when it required repairs.  A  however, a considerable variation in their dereference to the account given above, of the Roman  clivities: for example, the Aqua 11iarcia and the
I




114          AQUAEDUCTUS.                                      AQUAEDUCTUS.
Aqu7a Claudia, though of such different heights at the aqucduct, and from  which it was conducted
D)me, have their sources at the same elevation.    through pipes of fixed dimensions, into three smaller
At convenient points on the course of the aque- reservoirs, which were, however, so arranged, that
duct, and especially near the middle and end, the middle one was only supplied from the over*there was generally a reservoir (piscina, piscina  flow of the other two.  Of these three reservoirs,
limosa) in which the water might deposit any  the two outer supplied respectively the public baths
sediment that it contained.  The construction of and the private houses, and the middle one the
these reservoirs will be understood from the follow- public ponds and fountains (lacus et salientes):
ing woodcut, which represents a restored section of so that, in case of a deficient supply for useful
one which still exists.                          purposes, none would be wasted on the fountains
the arrangement also enabled a proper account to
be kept of the quantity supplied for private use,
for the protection of the revenue derived from this
source.  (Vitruv. viii. 7. s. 6. ~~ 1, 2.)
The minor castella, which received the water
from this chief head, were distributed over the
5iaX019 ~                    flcity, in such a manner that the Aqua Appia supplied seven regiones by means of twenty castella;
k _. the Anio Vetus, ten regiones through thirty-five
castella; the Marcia, ten regiones through fifty-one
-.....  castella; the Tepula, four regiones through fourteen
castella; the Julia, seven regiones through sevenI —:L.   piJ —,                teen castella; the Virgo, three regiones through
eighteen castella; the Claudia and the Anio Vetus,
The water flowed from the aqueduct a into the  ninety-two castetla. (Frontin. 79-86.)  For an
first upper chambers thence down and uLp again  account of the parts of the city supplied by the
through the openings b, c, e, into the second upper different aqueducts, see Becker, ilazdb. d. Ibmn.
chamber, out of which it passed into the continua- Alterth. vol. i. pp; 707, 708.
tion of the aqueduct f, having deposited its sedi-    The subjoined plan and elevation represent a
ment in the two lower chambers, which could be  ruin still remaining at Rome, commonly called the
cleaned out by the door d.  The piscina was not " Trophies of Marius," which is generally conalways vaulted: Hirt, from whose work the above  sidered to have been the castellum of an aqueduct.
cut is taken, gives also an engraving of an open    g.
piscina.  These reservoirs were not always used:
for example, the Aqua Virgo and the Alsietina              i     _._.__.i I.
were without them. They were especially neces-                                         4 _
sary when the water was conveyed through pipes.
They were also used as reservoirs for the supply   
of the neighbouring country, chiefly for the purposes of irrigation.  
The details, which we have now been noticing,
are minutely  described by Frontinus, and  by                          HiG
Vitruvius* (viii. c. 7. s. 6), and briefly by Pliny             s   aI_
(H. N. xxxi. 6. s. 31).            -X
(3.) Tlhe Termination of the _Aquedcct, and the
Arrangements for the Distribution of its Water.
- The water thus conducted to the city was re-         -:                    g
ceived,' when it reached the walls, in a vast reservoir called castellun, which formed the dead of
water and also served the purpose of a seeter.
The more ancient name in use, when the aqueducts were first constructed, was dividicuzlumz.
(Fest. s. v.)  From  this principal castelletu  the
water flowed into other castella, whence it was It is now much dilapidated, but was tolerably
distributed for public and private use.  The term  entire about the middle of the 16th century, as
castellum is sometimes also applied to the inter- may be seen by the drawing published by Gamucci
mediate reservoirs already mentioned.            (Anticlhiti- di Romsa, iii. p. 100), from which this
The chief castettuso was, externally, a highly  restoration is made.  The trophies, then remaindecorated building; for example, that of Hadrian, ing in their places, from  which the monument
at Athens, was adorned with Ionic pillars, and  derives its modern appellation, are now placed on
that at Evora, in Portugal, had the form of a cir- the Capitol. The ground plan is given from an
cular temple.  Internally, there was generally one  excavation made some years since by the students
vast chamber, with a vaulted roof supported by  of the French Academy; it explains part of the
massive pillars, into which the water flowed from  internal construction, and shows the arrangement
adopted for disposing of the superfluous water of
* The  particular attention  which Vitruvius  an aqeduct.  The general  stream of water isfirst
pays to the conveyance of water through.is first
pays to the conveyance of water through pipes, divided by the round projecting buttress into two
warrants the supposition that in his time, when  courses, which subdivide themselves into five minor
some of the most important of the aqueducts were  streams, and finally fall into a reservoir.
not 7yet erected, that method was very largely    The castella were divided into two classes, the
employed. -                                     publica and privata.




AQUAEDUCTUS.                                       AQUAE PLUV1AE.                  115
The cstellac pzublicas were again sllubdivided into  As a further security, the calix was stamped.
six classes, which furnished water for the following  Pipes which had no calix, were termed solutae.
ses: —  (1.) The Praetorian camp (castra);  (2.)  Frontinus also observes that the velocity of the
the ponds and fountains (lacits et salientes); (3.)  water passing through the ccclix, and, consequently,
the circus, naumachiae, andamphitheatres (zmusnera); the quantity given out, could be varied according
(4.) the baths, and the service of certain im-  to the angle which the calix made with the side of
portant handicrafts, such as the fullers, dyers, and  the reservoir: its proper position was, of course,
tanners (opera apublica); (5.) irregular distributions  horizontal.
made by the special order of the emperor (nomi|ne    It is evident how watchful an oversight must
C(aessris); (6.) extraordinary  grants to private  have been required to keep the aqueducts in repair,
individuals by the favour of the prince (beneficia  to regulate their use, and to prevent the fraudulent
Caesmais).  The distribution under each of these  abstraction of their water.  Under the republic,
heads is described by Frontinus (3, 78)..          this  office was discharged, sometimes, by the
The castellae privatac  were, as the name implies, censors, but more generally by the aediles (Cic.
for the supply of private houses.  When a supply  ad Div. viii. 6), and sometimes a special overof water from the aqueducts was first granted for seer was appointed. (Frontin. 95, 11.9.) Augustus
private uses, each person obtained his quantum  by  first established the office of czsrator (or praeinserting a branch pipe, as we do, into the main; fectzts) aqgalarnz  (Suet. Octav. 37), the duties
which was probably the custom  in the age of of which are minutely described by Frontinus (99),
Vitruvius, as he makes no mention of private re-  who seems, while he held the office, to have perservoirs.  Indeed, in early times, all the water formed it with the utmost zeal: among other
brought to Rome by the aqueducts was applied to  cares, he had plans and models made of the whole
public purposes exclusively, it being forbidden to  course of all the aqueducts (17, 64).  The clsthe citizens to divert any portion of it to their own  ratores aqsuapeure were invested with considerable
use, except such as escaped by flaws in the ducts  authority.  They were attended outside the city
or pipes, which was termed aqua caduca. (Frontin. by two lictors, three public slaves, a secretary, and
94.)   But as even this permission opened  a  other attendants.
door for great abuses from the fraudulent conduct    In the time of Nerva and Trajan, a body of four
of the aqearii, who damaged the ducts for the  hundred and sixty slaves were constantly employed
purpose of selling the aqzca caduca, and as the sub- under the orders of the czrcatores aqzuarum in atsequent method of supply required the main-pipe  tending to the aqueducts.  They were divided
to be punctured in too many places (Frontin. 27), into two families, the faziilia publica, established
a remedy was sought by the institution of castella  by Agrippa, and the jfinmilia Caesaris, added by
privata, and the public were henceforward for-  Claudius; and they were subdivided into the folbidden to collect the aqua caduca, unless permission  lowing classes: -1. The villici, whose duty it was
was given by special favour (beneficizmsn) of the  to attend to the pipes and calices.  2. The castelemperor.  (Frontin. 111.)  The castella privata  larii, who had the superintendence of all the
were built at the joint expense of the families  castella, both within and without the city. 3. The
supplied by them; but they were considered as  circuitores, so called because they had, to go from
public property, and were under the control of the  post to post, to examine into the state of the works,
curatores aquarumn. (Frontin. 1.06.)  The right of and also to keep watch over the labourers emwater (jus aqzuae inzpetratae) did not follow the  ployed upon them.  4. The silicarii, or paviours,
heir or purchaser of the property, but was renewed  who had to remove and relay the pavement when
by grant upon every change in the possession. the pipes beneath it required attention.  5. The
(Frontin. 107.)                                   tectores, who had charge of the masonry of the
The leaden cisterns, which each person had in  aqueducts.  These and other workmen appear to
his own house to receive the water laid on from  have been included under the general term  of
the castelluan privatumsez, were called castella do- AQUARIn. (Cod. xii. tit. 42 or 43. s. 10; Frontin.
irestica.                                          116, 117.)  The following are the most important
All the water which entered the castelluna  was  works on the Roman aqueducts:- Frontinus, de
measured, at its ingress and egress, by the size of Aquaeducti6us Urbis Romae; Fabretti, de Aquis
the tube through which it passed.  The former  et Aquaeductibus Veter-is Rsmae; Stieglitz, Arwas called modulus acceptorius, the latter eroqato-  clhiiologie der Baukunst; Hirt, Gesclic/ste d. Baurius. To distribute the water was termed eroyare; kunst; Platner and Bunsen, Besclhreibuzng d. Stadg
the distribution, erogatio; the size of the tube, Roen; Becker, Handbulh  d. Riimisch7en Alterfistsularum or modulorum capacitas, or luenen.  The  thiimer, vol. i.)                     [P. S.]
smaller pipes which led from  the main to the    AQUAE DUCTUS.  [SERVITUTES.]
houses of private persons, were called punctae;    AQUAE   ET   IGNIS   INTERDIC'TIO.
those inserted by fraud into the duct itself, or into  [EXSILIUM.]
the main after it had left the castellum, fistulae    AQUAE HAUSTUS.  [SERVITUTES.1]
illicitae.                                           AQUAE PLUVIAE  ARCENDAE ACTIO.,
The erogatio was regulated by a tube called  That water was called aqua pluvia which fell from
calix, of the diameter required, and not less than a  the clouds, and  overflowed  in  consequence of
foot in length, attached to the extremity of each  showers, and the prevention of injury to land from
pipe, where it entered the castellum; it was pro-  such water was the object of this action. The action
bably of lead in the time of Vitruvius, such only  aquae plsviae was allowed between the owners of
being mentioned by him; but was made of bronze  adjoining land, and might be maintained either by
(aeneus) when Frontinus wrote, in order to check  the owner of the higher land against the owner of
the roguery of the aquarii, who were able to in-  the lower land, in case the latter by any thing done
crease or diminish the flow of water from  the  to his land (manufacto opere) prevented the water
reservoir by compressing or extending the lead. from flowing naturally from the higher to the lower
2




116                  A.RA.                                               ARA.
land; or by the owner of the lower land against  the limited sense of all altar for burnt-offerings.
the owner of the higher land, in case the latter did  In Latin ara and altare are often used without
any thing to his land by which the water flowed  any distinction, but properly ara was lower than
from it into the lower land in a different way from   altare: the latter was erected in honour of the
what it naturally would.  In the absence of any  superior gods, the former in honour of the inferior,
special custom  or law to the contrary, the lower  heroes and demigods.  Thus we read in Virgil
land was subject -to receive the water which flowed  (Ecl. v. 65): -
naturally from  the upper land; and this rule of
"En quattuor aras:
law was thus expressed, —ager inferior szuper'io?'i
law was thus'expressed,- ager inferior superiori    Ecce duas tibi, Daphni; duas, altaria, Phoebo."
seorvit.  The fertilising materials carried down to
the lower land were considered as an ample com-  On the other hand, sacrifices were offered to the
pensation for any damage which it might sustain  infernal gods, not upon altars, but in cavities
from the water.  Many difficult questions occurred  (sclobes, scrobiculi, /30OpoL, XdKicKo) dug in the
in the application to practice of the general rules  ground.  (Festus, s. v. Altaria.)
of law as to aqua pluvia; and, among others, this    As among the ancients almost every religious
question,-What things done by the owners of the  act was accompanied by sacrifice, it was often
land were to be considered as preventing or alter-  necessary to provide altars on the spur of the ocing the natural flow of the waters? The conclusion  casion, and they were then constructed of earth,
of Ulpian is, that acts done to the land for the pur-  sods, or stones, collected on the spot.  When the
poses of cultivation were not to be considered as acts  occasion was not sudden, they were built with
interfering with the natural flow of the waters. regular courses of masonry or brickwork, as is
Water which increased from the falling of rain, or clearly shown in several examples on the column
in consequence of rain changed its colour, was con- of Trajan at Rome.  See the left-hand figure in
sidered within the definition of aqlua pluvia; for the woodcut annexed.  The first deviation from
it was not necessary that the water inl question  this absolute simplicity of form  consisted in the
should be only rain water, it was sufficient if there  addition of a base, and of a corresponding projecwas any rain water in it.  Thus, when water  tion at the top, the latter being intended to hold
naturally flowed from a pond or marsh, and a per- the fire and the objects offered in sacrifice.  These
son did something to exclude such water from  two parts are so common as to be almost uniform
coming on his land, if such marsh received any  types of the form of an altar, and will be found in
increase from rain water, and so injured the land of all the figures inserted underneath.
a neighbour, the person would be compelled by
this action to remove the obstacle which he had
created to the free passage'of the water.
This action was allowed for the special pro-                  fI
tection of land (ager): if the water injured a town                 r
or a building, the case then belonged to flumina and
stillicidia.  The action was only allowed to prevent        i              t —           ldamage, and therefore a person could not have
this remedy against his neighbour, who did any        L.   -  
thing to his own. land by which he stopped the
water which would otherwise flow to that person's
land and be profitable to it.  The title in the
Digest contains many curious cases.  (Dig. 39.    Altars were either square or round.  The latter
tit. 3;~ Cic. Pro Jllsuren. 10, Topic. 9; Bo'thius, form, which was the less common of the two, is
Comment. in Cic. Top. iv. 9.)          [G. L.]    exemplified in the following figures.
AQUA'RII, were slaves who carried water for
bathing, &c. into the female apartments: they were
~also called aquarioli, and were held in great contempt.  (Juv. vi. 332; Festus, s. v. and Miiller's
Note; Hieron. Ep. 27; Jul. Paul. iii. 7.)  Becker       If GENSLI V
imagines that the name was also applied to slaves         X            PViVSuLoiE
who had the care of the fountains and ponds in                           \okrs
gardens.  (Gallus, vol. i. p. 288.)   The aquaii           1were also public officers who attended to the aqueducts under the aediles, and afterwards under the
curatores cquarum.. (Cic. ad Fam. viii. 6; Zeno,
Cod. Just. xi. tit. 42; AQUAEDUCTUS.)  [P. S.]       --
A'QUILA.  [SIGNA MILITAAaIi.]
-ARA  (3wo'&s,  o-Xadpa, raVT 9pLOv), an altar.
Altars were in antiquity so indispensable a part of    In later times altars were ornamented with festhe worship of the gods, that it seemed impossible  toons and garlands of flowers; and the altar repreto conceive of the worship of the gods without sented in the next cut shows the manner in which
altars.  Thus we have the amusing syllogism  in  these festoons were suspended.  They were also
Lucian, El y&p crl0  /goUioL, dell miai aEio''XlA   adorned with sculpture; and some were covered
Is!V Elrl /ooqoi, EIseb tip?  ca aeoi (Jupiter Trag.  with the works of the most celebrated artists of
c. 51).  In reference- to the terms, icP o's properly  antiquity.  The first cut above exhibits a specimen
signifies any elevation, and hence we find in  of the elaborate style, the outline of an Etruscan
IHoiner lEpbs 8coAs, but it afterwards came to be  altar, in contrast with the unadorned altar.  If an
applied to an elevation used for the worship of the  altar was erected before a statue of a god, it was
gods, and hence an altar.'EoXapa rwas used in  always to be lower than the statue before which it




ARATEIA.                                         ARATRJUM.                  117
was placed (Vitruv. iv. 9).  Of this we have an  every year: the one on the day on which he
example in a medallion on the Arch of Constantine  delivered his native town from  tyranny, which
at Rome, representing an altar erected before a  is the fifth of the month of Daisius, the same
statue of Apollo.  See the annexed cut.          which the Athenians call Anthesterion; and this
sacrifice they call oow7'rpLa.  The other they celebrate in the month in which they believe that he
was born. On the first, the priest of Zeus offered
the sacrifices; on the second, the priest of Aratus,
wearing a white ribbon with purple spots in the
centre, songs being sung to the lyre  by the.;~_x~Y              X J>2-fig l...      N,.~. Aactors of the stage.  The public teacher (yviuvaoiapXos) led his boys and youths in procession,
probably to the heroum of Aratus, followed by the
senators adorned with garlands, after whom came
II t   9 }X those citizens who wished to join the procession.
The Sicyonians still observe, he adds, some parts
9    of the solemnity, but the principal honours have
\// lx l%'~  li              l l                Albeen abolished by time and other circumstances.
\<X l (lVachsmuth,  Helleen.Alterth. vol. ii. p. 528.) [L.S.]
- A        ARA'TRUM   (ipoepoe), a  plough.   The
Greeks appear to have had from  the earliest
I;[Ntg411'V     \       111 } )times diversities in the fashion of their ploughs.
Hesiod (Op. et Dies, 432) advises the farmer to
Ah have always two ploughs, so that if one broke the
other might be ready for use; and they were to be
of two kinds, the one called av'Tuvov, because in it
the plough-tail (?y6rs, busis, bura) was of the same
4            a/ X~i2 W illE  /}1 1<;01 12\u1 %tpiece of timber with the share-beam  (EAvua, dens,
dentale) and the pole (pbl$os, ioGo6oE6s, temo); and
the other called n7rj'cdv, i. e. compacted, because in
it the three above-mentioned parts, which were
moreover to be of three different kinds of timber,
were adjusted to one another, and fastened toIt was necessary that an altar should be built gether by means of nails (-yd(PowLv).  (Comp.
in the open air, in order that the steam  of the  Homrn. II. x. 353, xiii. 703.)
sacrifice might'be wafted up to heaven, and it    The method of forming a plough of the former
might be built in any place, as on the side of a  kind was by taking a young tree with two branches
mountain, on the shore of the sea, or in a sacred  proceeding from its trunk in opposite directions, so
grove.  But as the worship of the gods was in  that whilst in ploughing the tbrnk was made to
later tinles chiefly connected with temples, altars  serve for the pole, one of the two branches stood
became an indispensable part of the latter, and  upwards and became the tail, and the other penethough there could be altars without temples, there  trated the grouncl, and, being covered sometimes
could hardly be temples without altars.  The altars with bronze or iron, fulfilled the purpose of a share.
of burnt-offerings, at which animal sacrifices were  This form is exhibited in the uppermost figure of
presented, were erected before the temples (P3owlol the annexed woodcut, taken from a medal.  The
srpovdom, Aesch. Suppl. 497), as shown in the woodclcut in the article ANTAE; but there were also
altars, on which incense was bMurnt and bloodless
sacrifices offered, within the temple, and principally
before the statue of the divinity to whom they were     U
dedicated.  All altars were places of refuge.  The
supplicants were considered as placing themselves
under the protection of the deities to whom the
altars were consecrated; and violence to the unfortunate, even to slaves and criminals, in such circumstances, was regarded as violence towards the
deities themselves.  It was also the practice among                    
the Greeks to take solemn oaths at altars, either
taking hold of the altar or of the statue of the god.,
Cicero (pro Balb. 5) expressly mentions this as a
Greek practice.  (Comp. IK. F. IIermann, Gottesdienst. Alter/th. d. Grieclen, ~ 17, and ~ 22. n. 9.)
ARAEOSTYLOS.  [TEAPLU1e.] 
ARATEIA  (cipdrela), two sacrifices offered
every year at Sicyon in honour of Aratus, the
general of the Achaeans, who after his death was  next figure shows the plough still used in Mysia,
honouredby his countrymen as a hero,inconsequence  as described and delineated by Sir C. Fellows. It
of the comumand of an oracle.  (Paus. ii. 9. ~ 4.)  is a little more complicated than the first plough,
The full account of the two festive days is pre- inasmuch as it consists of two pieces of timber in
served in Plutarch's Life of Aratus (c. 53).  The  stead of one, a handle (X&,7?,, stiva) being inserted
Sicyonians, says he, offer to Aratus two sacrifices: into the larger piece at one side of it. SirC. Fellows




118              ARATRUM.                                           ARATRUM.
(Excursion in Asia Minor, 1838, p. 71) observes  the buris was fastened to the left share-beam, and
that each portion of this instrument is still called  the stiva to the right, so that, instead of the simple
by its ancient Greek name, and adds, that it seems  plough of the Greeks, that described by Virgil, and
suited only to the light soil prevailing where he  used, no doubt, in his country (see the following
observed it, that it is held by one hand only, that woodcut), was more like the modern Lancashire
the form of the share (bvvts) varies, and that the  plough, which is commonly held behind with both
plough is frequently used without any share.  " It hands.  Sometimes, however, the stiva (EX&EV7,
is drawn by two oxen, yoked from  the pole, and  Hes. Op. et Dies, 467) was used alone and instead
guided by a long reed or thin stick (Kcivp-vos), of the tail, as in the Mysian plough above reprewhich has a spud or scraper at the end for cleaning  sented.  To a plough so constructed the language
the share."  See the lowest figure in the woodcut. of Columella was especially applicable, " Arator
Another recent traveller in Greece gives the  stivae paene rectus innititur" (i. 9); andcl the exfollowing account of the plough which he saw in  pressions of Ovid, " Stivaeque innixus arator"
that country-a description approaching still nearer  (M14el. viii. 218), and " Inde premens stivam  deto the Ir7T1cTbv EporOpo  of Homer and Hesiod. "It  signat moenia sulco." (Fast. iv. 825.) In place of
is composed," says he, "Cof two curved pieces of "stiva," Ovid also uses the less appropriate term
wood, one longer than the other.  The long piece  " capulus" (Ep. de Ponto, i. 8. 61); " Ipse mannu
forms the pole, and one end of it being joined to  capulalm prensi moderatus aratri." When the ploughl
the other piece about a foot from  the bottom, was held either by the stiva alone, or by the buris
divides it into a share, which is cased with iron, alone, a piece of wood (msanicula) was fixed across
and a handle.  The share is, besides, attached to  the summit, and on this the labourer pressed with
the pole by a short'cross-bar of wood.  Two oxen, both hands.  Besides guiding the plough in a
with no other harness than yokes, are joined to the  straight line, his duty was to force the share to a
pole, and driven by the ploughman? who holds the  sufficient depth into the soil. Virgil alludes to this
handle in his left hand, and the goad in his right."  in the phrase " Depresso aratro"  (Georg. i. 45).
(Hobhouse, Journey tlhrouzgl Albasnia, &c., vol. i. The cross-bar, which is seen in Mr. Fellows's
p. 140.)  A view of the plain of Elis, representing  drawing, and mentioned in Sir J. C. Hobhouse's
this plough in use, is given by Mr. S. Stunhope in. description, and which passes from the pole to the
his Olymzpia (p. 42).                              share for the purpose of giving additional strength,
The yoke and pole used anciently in ploughing  was called ord0q, in Latin fulcerum.  The coulter
did not differ from those employed for draught in  (culter, Plin. II. N. xviii. 48) was used by the
general.  Consequently they do not here recuire  Romans as it is with us.  It was inserted into the
any further description. [JUGUAs.]  To the bottom  pole so as to depend vertically before the share,
of the pole, in the compacted plough, was attached  cutting through the roots which came in its way,
the plough-tail, which, according to Hesiod, might and thus preparing for the more complete loosening
be made of any piece of a tree (especially the  and overturning of the soil by the share.
7rpi'vos, i. e. the ilex, or holm-oak), the natural    About the time of Pliny two small wheels (rotae,
curvature of which fitted it to this use.  But in  rotulae) were added to the plough in Rhaetia; and
the time and country of Virgil pains were taken  Servius (I. c.) mentions the use of them  in the
to force a tree into that form which was most ex- country of Virgil.  The annexed woodcut shows
actly adapted to the purpose. (Georg. i. 169, 170.)  the form  of a wheel-plough, as represented on a
The upper end of the buris being held by the  piece of engraved jasper, of Roman workmanship.
ploughman, the lower part, below its junction with  It also shows distinctly the tesno or pole, the
the pole, was used to hold the share-beam, which  coulter or culter, the dentale or share-beam, the
was either sheathed with metal, or driven bare into  buris or plough-tail, and  the handle or stiva.
the ground, according to circumstances.
To these three continuous and most essential
parts, the two following are added in the description of the plough by Virgil: -
1. The earthl-boards, or  znould-boards (aunes),
rising on each side, bending outwardly, in such a
manner as to throw on either hand the soil which
had been previously loosened and raised by the
share, and adjusted to the share-beam which was
made double for the purpose of receiving them: -'" Binae aures, duplici aptantur dentalia dorso." 
According to Palladius (i. 43), it was desirable to
have ploughs both with earth-boards (aurita) and
without them (simzplicia). 
2. The lmandle (stiva), which is seen in Fel-  (Caylus, Rec. d'Ant. v. pl. 83. No. 6.)  It corlows's woodcut, and likewise- in the following re- responds, in all essential particulars, with  the
presentation of an ancient Italian plough.  Virgil
considers this part as used to turn the plough at       1
the end of the furrow.  " Stivaque, quae currus a                                            2
tergo torqueat imos."  Servius, however, in his
note on this line explains stiva to mean " the
handle by which the plough is directed."  It is pro-           6
bable that, as the dentalia, i. e. the two share-beams,        6:
which Virgil supposes were in the.form  of the
Greek letter A, which he describes by duplici dorso,




ARCHIATER.                                         ARCHIATER.                   119
plough now used about Mantua and Venice, of being appointed ",to rule over" the physicians
which an engraving is given above.  1. Buris.  (6pXEI'), i. e., in fact, to be "Carchiater."  4. Au2. Temo.  3. Dentale.  4. Culter.  5. Vomer. gustine (De Civit. Dei, iii. 17) applies the word to
6. Aures.                                          Aesculapius, and St. Jerome (metaphorically of
Respecting  the  operation  of ploughing, see  course) to our Saviour (xiii. Homil. in S. Luc.),
AGRICULTURiA, p. 49.                   LJ. Y.]    in both which cases it evidently means c" the chief
A/RBITER.  [JUDEn.]                              physician."  5. It is apparently synonymous with
ARBITRA'RIA  A'CTIO.  [AcTIO.]                   protomedicus, supra nzedicos, dominus medicoruns,
ARCA, a chest or coffer. -  1. A chest, in which  and superpositus medicorunm, all which expressions
the Romans were accustomed to place their money:  occur in inscriptions, &c., and also with the title
the phrase ex area solvere had the meaning of Rais'ala'l-atebbd, among the Arabians.  6. We
payisg in ready money.  (Comp. Cic. ad Att. i. find the names of several persons who were phy9.)  These chests were either made of or bound  sicians to the emperor, mentioned without the adwith iron, or other metals. (Juv. xi. 26, xiv. 259.)  dition of the title archiater.  7. The archiatri were
The name areca was usually given to the chests  divided into Arc7liatri sancti palatii, who attended
in which the rich kept their money, and was op- on the emperor, and Arcliatri populares, who atposed to the smaller loculi (Juv. i. 89), sacczulus tended on the people; so that it is certain that all
(Juv. xi. 26), and crum22ena.                      those who bore this title were not " physicians to
2. Areca pulblica was used under the empire to  the prince."  The chief argument in favour of the
signify the city-funds, which were distinct from  contrary opinion seems to arise from the fact, that
the aerarium  and the fiscus, and the administra-  of all those who are known to have held the office
tion of which belonged to the senate.  (Vopisc.  of Archiatri the greater part certainly were also
Aiurel. 20.)  The name ar-ca was, however, also  physicians to the emperor; but this is only what
used as equivalent to.fiscus, that is, the imperial might a' priori be expected, viz. that those who
treasury: thus, we read of the area fi-sumentaria,  had attained the highest rank in their profession
area olearia, (arcca vinzria, &cc.  (Symm. x. 33; would be chosen to attend upon the prince.*
compare Dig. 50. tit. 4. s. 1.)                       The first person whom we find bearing this title
3. Area also signified the coffin in which persons  is Andromachus, physician to Nero, and inventor
were buried (Aur. Vict. De Vir.  Ill. 42; Lucan,  of the Theriaca (Galen. 1. c.; Erotian. Lex. Foe.
viii. 736), or the bier on which the corpse was  tIippocr. Praef.): but it is not known whether he
placed previously to burial.  (Dig. 11. tit. 7. s. 7.)  had at the same time any sort of authority over the
4. It was also a strong cell made of oak, in which  rest of the profession.  In fact, the history of the
criminals and slaves were confined.   (Cic. Pro  title is as obscure as its meaning, and it is chiefly
Milon. c. 22; Festus, s. v. Robuan.)              by means of the laws respecting the medical proA'RCERA, a covered carriage or litter, spread  fession that we learn the rank and duties attached
with cloths, which was used in ancient times in  to it.  In after times (as was stated above) the
Rome, to carry the aged and infirm.  It is said to  order appears to have been divided, and we find
have obtained the name of arcera on account of its  two distinct classes of archiatri, viz. those of the
resemblance to an area.  (Varr. L. L. v. 140, ed. palace and those of the people.  (Cod. Theodos.
Miiller; Gell. xx. 1.)                            xiii. tit. 3; De Medicis et Professoribus.;)  The
ARCHEION  (&pXeoer) properly means any  ar-chiatri sancti palatii were persons of high/rank
public place belonging to the magistrates (comp. who not only exercised their profession, but were
Herod. iv. 62), but was more particularly applied  judges on occasion of any disputes that might occur -
at Athens to the archive office, where the decrees  among the physicians of the place.  They had
of the people and other state documents were pre- certain privileges granted to them, e. g. they were
served.  This office is sometimes called merely Tb  exempted from all taxes, as were also their wives
q/nzooLov.  (Dem. de Cor. p. 275.)  At Athens the  and  children; they  were not obliged to lodge
archives were kept in the temple of the mother of soldiers or others in the provinces; they could not
the gods (tzTrpOeov), and the charge of it was in-  be put in prison, &c.; for though these privileges
trusted to the president (erLO-Ta7ci s) of the senate  seem at first to have been common to all physicians
of the Five-hundred. (Dem. de Fals. Leg. p. 381,  (Cod. Just. x. tit. 52. s. 6.  Medicos et maxcime
in Aristog. i. p. 799; Paus. i. 3. ~ 4.)          Archiatros), yet afterwards they were confined to
ARCHIA'TER   (&pXiaTpos,  compounded  of the archiatri of the palace, and to those of Rome.
apXos or'pXwov, a chief, and laTpo's, a physician),  When they obtained their dismissal from attenda medical title under the Roman emperors, the  ance on the emperor, either from  old age or any
exact signification of which has been the subject other cause, they retained the title ex-archiatri,
of much discussion; for while some persons in-  or ex-arclhiatris.  (Cod. x. tit. 52. leg. 6.)  The
terpret it " the chief of the physicians " (quasi asceliatri pop lares were established for the relief
ipXoy  TO-v LaaTpct) others explain it to mean "the  of the poor, and each city was to be provided with
physician to the prince"  (quasi TroZ  &pxoeroy five, seven, or ten, according to its size.  (Dig.
aTrpos).  Upon the whole it seems tolerably cer- 27. tit. 1. s. 6.)  Rome had fourteen, besides one
tain that the former is the true meaning  of the  for the vestal virgins, and one for the gymnasia.
word, and for these reasons.: -1. Fronm its ety-  (Cod. Theodos. 1. c.)  They were paid by the gomology it cass hardly have any other sense, and  vernment, and were therefore obliged to attend
of all the words similarly formed (orpXITIcTesv, their poor patients gratis; but were allowed to reapX,.pitcxLvos, apXErriotlco7ros, &c.) there is not ceive fees fromtherich. (Cod. Theodos. 1. c.) The
one that has any reference to 1"the prince."  2. We  archiatri populares were not appointed by the
find  the title applied to physicians who lived at
Edessa, Alexandria, &c., where no king was at    * Just as in England the President of the Colthat time reigning. 3. Galen (de Tiher-. tad Pis. c. 1, lege of Physicians is (or used to be) ex-officio phyvoL. xiv. p. 211, ed. Kiihn) speaks of Andromachus  sician to the sovereign.
4




120          ARCHITECTURA.                                       ARCHITECTURA.
governors of the provinces, but were elected by the  as the science of construction, it must have been
people themselves.  (Dig. 50. tit. 9. s. 1.)  The  employed, even earlier, for other purposes, such as
office appears to have been more lucrative than that the erection of fortifications, palaces, treasuries, and
of archiatri sancti palatii, though less honourable.  other works of utility.  Accordingly, it is the
In later times, we find in Cassiodorus (see Meibom. general opinion of antiquaries, that the very earliest
Comment. in Cass. Formul. A1rchiatr. Helmst. 1668)  edifices, of which we have any remains, are the sothe title "comes archiatrorum," " countofthe arch-  called Cyclopean works, in which w/e see huge
iatri," together with an account of his duties, by  unsquared blocks of stone built together in the best
which it appears that he was the arbiter and judge  way that their shapes would allow; although it
of all disputes and difficulties, and ranked among  can be proved, in some instances, that the rudeness
the officers of the empire as a vicarius or dux. of this sort of work is no slfficient proof of its very
(See Le Clerc, and Sprengel, Hist. de la Mid. early date, for that it was adopted, not from want
Further information on the subject may be found  of skill, but on account of the object of the work,
in several works referred to in the Oxford edition  and the nature of the materials employed.  (Bunof Theophilus De Cocp. Hutm. Fabr. p. 275; and  bury, On Cyclopean Remains in Central Italy, in the
in Goldhorn, De Ai'chiatris Rosmanis et eorunz Ori- Classical Museum, vol. ii.) [MuRUs.] The account
gine usque ad finem imperii Ronzaei Occidentalis, of the early palaces cannot well be separated from
Lips. 1841.)                       [W. A. G.]    that of domestic architecture in general, and is
ARCHIMI'MUS.  [MIsusvs        ]                  therefore given under Dous; that of erections inARCHITECTU'RA  (&px'lcKTovca, &pXLTeK- tended, or supposed to be intended, for treasuries,
rorIIlc), in its widest sense, signifies all that we  will be found under THESAURUS.
understand by arc7itecture, and by civil and mili-    In addition to these, however, there are other
tarey ezngineering: in its more restricted meaning, it purposes, for which architecture, still using the
is the science of building according to the laws of term in its lower sense, would be required in a
proportion and the principles of beauty.  In the  very early stage of political society; such as the
former sense, it has its foundation in necessity: in  general arrangement of cities, the provision  of
the latter, upon art taking occasion from necessity. a place for the transaction of public business,
The hut of a savage is not, properly speaking, a  with  the necessary edifices appertaining to  it
work of architecture; neither, on the other hand,  [AGORA, FORUMn], and the whole class of works
is a building in which different and incongruous  which we embrace under the head of civil enstyles are exhibited side by side.  An architectural gineering, such as those for drainage [CLOACA,
construction, in the artistic sense, must possess not  EMISSARIUS], for communication [VIA, PONS],
ionly uttility, but beauty, and also unity: it must be  and for the supply of water [AQUAEDUCTUS]. The
suggestive of some idea, and referable to some  nature of these several works among the Greeks
nmodel.                                            and Romans, and the periods of their development,
The architecture of every people is not only a  are described under the several articles.  Almost
most'interesting branch of its antiquities, but also  equally necessary are places devoted to public exa most important feature in its history; as it forms  ercise, health, and amusement, GYMNASIUM, STAone of the most durable and most intelligible evi-  DIUM, HIIPrODROMUS, Circus, BALNEUM, THEAdences'of advancement in civilization.  If the  TRUtM, AMPHITHEATRUM.  Lastly, the skill of
Greek and Roman literature and history had been  the architect has been from the earliest times emat blank, what ideas of their knowledge, and power, ployed to preserve the memory of departed men
and social condition would their monuments have  and past events; and hence we have the various
still suggested to us!  What a store of suclh ideas  works of monumental and triumphal architecture,
is even now being developed from the monuments  which are described under the heads FUNus,
of Asia, Egypt, and America!                      ARCIs, COLUMNA.
The object of the present article is to give a very    The materials employed by the architect were
compendious account of the history and principles  marble or stone wood, and various kinds of earth,
of the art, as practised by the Greeks and Romans. possessing the property of being plastic while moist
The details of the subject will be, for the most and hardening in drying, with cement and metal
part, referred to their separate and' proper heads. clamps for fastenings: the various metals were also
The lives of the architects will be found in the  extensively used in the way of ornament.  The deDictionary of Greek. and Roman MythIology and  tails of this branch  of the subject are given in the
Biography.                                         descriptions of the several kinds of building.
It is well observed by Stieglitz that architecture    The principles of architectural science are utility,
has its origin in nature and religion.  The neces- propo'tion, and the imitation of nature.  The first
sity for a habitation, and the attempt to adorn those  requisite is that every detail of a building should
habitations which were intended for the gods, are  be subordinate to its general purpose.  Next, the
the two causes from which the art derives its ex-  form of the whole and of its parts must be derived
istence.  In early times we have no reason to sup- from simple geometrical figures; namely, thestraight
pose that much attention was paid to domestic  line, the plane surface, and regular or symmetrical
architecture, but we have imuch evidence to the  rectilinear figures, as the equilateral or isosceles
contrary.  The resources of the art were lavished  triangle, the square or rectangle, and the regular
upon the temples of the gods; and hence the  polygons; symmetrical curves, as the circle and
greater part of the history of Grecian architecture  ellipse; and the solids arising out of these various
is inseparably connected with that of the temple,. figures, such as the cube, the pyramid, the cylinder,
and has its proper place under TEm.PIUsM, and the  the cone, the hemisphere, &e.  Lastly, the ornausabordinate headings, such as COLnUMNA, under ments, by which these forms are relieved and
which heads also the different orders are described. beautified, must all be founded either on geoBut, though the first rise of architecture, as a  metrical forms or on the imitation of nature.
fine art, is connected with the temple, yet, viewed  To this outline of the purposes and principles of




ABCITTECTURA,                                        ARICHON,                  121
the art, it only remains to subjoin a brief sketch of commencement of the third and most brilliant
its history, which Hirt and Muller divide into five  period of the art was signalized by the rebuilding
periods: the first, which is chiefly mythical, comes  of Athens, the establishment of regular principles
down to the time of Cypselus, 01. 30, B. c. 660  for the laying out of cities by Hippodamus of Mile(Muller brings this period down to the 50th Olym- tus, and the great works of the age of Pericles, by
piad, B. c. 580): the second period comes down to  the contemporaries of Pheidias, at Athens, Eleusis,
the termination of the Persian war, 01. 75. 2, B. C. and Olympia;  during its course every city of
478 (Muller brings it down to 01. 80, B. c. 460): Greece and her colonies was adorned with splendid
the third is the brilliant period from the end of the  edifices of every description; and its termination
Persian war to the death of Alexander the Great, is marked by the magnificent works of Deinocrates
01. 114, B. c. 323 (MUller closes this period with  and his contemporaries at Alexandria, Antioch,
the death of Philip, 01. 111, B. c. 336): the fourth  and other cities.  The first part of the fourth peperiod is brought down by Hirt to the battle of riod saw the extension of the Greek architecture
Actium, B. c. 31, but by Muller only to the  over the countries conquered by Alexander, and,
Roman conquest of Greece, B. C. 146; the latter in the West, the commencement of the new style,
division has the convenience of marking the tran- which arose from the imitation, with some altersition from Greek to Roman architecture: Hirt's  ations, of the Greek forms by Roman architects,
fifth period is that of the Roman empire, down to  to which the conquest of Greece gave, of course,
the dedication of Constantinople, A. D. 330; while  a new impulse.  By the time of Augustus, Rome
Miiller's fifth period embraces the whole history of was adorned with every kind of public and priRoman architecture, from the time when it began  vate edifice, surrounded by villas, and furnished
to imitate the Greek, down to the middle ages, with roads and aqueducts; and these -various
when it became mingled with the Gothic: Hirt's  erections were adorned by the forms of Grecian
division requires us to draw a more definite line of art; but already Vitruvius begins to complain that
demarcation than is possible, between the Roman  the purity of that art is corrupted by the intermixand Byzantine styles, and also places that line too  ture of heterogeneous forms. This process of deteearly.                                           rioration went on rapidly during the fifth period,
The characteristics of these several periods will though combined at first with increasing magbe developed under the articles which describe the  nificence in the scale and number of the buildings
several classes of buildings: they are therefore  erected. The early part of this period is made illusnoticed in this place with the utmost possible  triousby the numerous works of Augustus, and his
brevity. Our infolrmation respecting the first period  successors, especially the Flavii, Nerva, Trajan,
is derived from  the Homeric poems, the tradi-  Hadrian, and the Antonines, at Rome and in the
tions preserved by other writers, and the most provinces; but from the time of the Antonines the
ancient monuments of Greece, Central Italy, and  decline of the art was rapid and decided.  In one
the coast of Asia Minor.  Strongly fortified cities, department, a new impulse was given to architecpalaces, and treasuries, are the chief works of ture by the rise of Christian churches, which were
the earlier part of this period; and to it may be  generally built on the model of the Roman Basilica.
referred most of the so-called Cyclopean remains; One of the most splendid specimens of Christian
while the era of the Dorian invasion marks, in  architecture is the church of S. Sophia at Constanall probability, the commencement of the Dorian  tinople, built in the reign of Justinian, A. D. 537,
style of temple architecture.  The principal names  and restored, after its partial destruction by an
of artists belonging to this period are Daedalus, earthquake, in 554.  But, long before this time,
Euryalus, Hyperbius, Docius, and some others. In  the Greco-Roman style had become thoroughly
the second period the art made rapid advances  corrupted, and that new style, which is called the
under the powerful patronage of the aristocracies  Byzantine, had arisen out of the mixture of Roman
in some cities, as at Sparta, and of the tyrants in  architecture with ideas derived from the Northern
others, as Cypselus at Corinth, Theagnes at Megara, nations.  It is beyond our limits to pursue the
Cleisthenes at Sicyon, the Peisistratids at Athens, history of this and later styles of the art.
and Polycrates at Samos.  Architecture now as-    Of the ancient writers, from whom our knowledge
sumed decidedly the character of a fine art, and  of the subject is derived, the most important is, of
became associated with the sister arts of sculpture  course, Vitruvius.  The following are the principal
and painting, which are essential to its develop- modern works on the general subject: -  Winckelment.  The temples of particular deities were en- mann, Asznerkurngen fiber die Bazkznst der Alten,
riched and adorned by presents, such as those  1762; Stieglitz, Archlaologie der Baukunzst, 1801,
which Croesus sent to the Pythian Apollo.  Mag- and G'eschichte der Baukunst, 1827; Hirt, Bauzkust
nificent temples sprung up in all the principal nack den Grunds/itzez  der Alten, 1809, and CesGreek cities; and while the Doric order was chic/lte der Baukunst bei den Alten, 1821; Muller,
brought almost, if not quite, to perfection, in Greece  Handbuch/ der Archiiologie de  IKuszst, 1825; the
Proper, in the Doric colonies of Asia Minor, and  various works of travels, topography, and antiin Central Italy and Sicily, the Ionic order ap-  quities, such as those of Stuart, Chandler, Clarke,
peared, already perfect at its first invention, in the  Dodwell, &c., all the most important of which
great temple of Artemis at Ephesus.  The ruins  will be found cited by the authorities referred to;
still existing at Paestum, Syracuse, Agrigentum,  and, for Central Italy, Miiller's Etlsuske;-, and
Selinus, Aegina, and other places, are imperishable  Abeken's /IIittelitalien vor ders Romiscc/en Herrmonuments of this period.  Nor were works of scAeft.                                   [P. S.]
utility neglected, as we see in the fountain of the    ARCHITHEOIRUS.  [DELIA.]
Peisistratids at Athens, the aqueduct at Samos    ARCHON   (aipXco).   The  government  of
[AQUABDUCTUs], the sewers (&6rsO'oaow) and baths  Athens appears to have gone through the cycle of
(KoANvCh/Ope) at Agrigentum.  To this period also  changes, which ancient history records as the lot of
belong the great works of the Roman kings.  The  many other states. It began with monarchy; anld




122               ARCHON.                                             ARCIION.
after passing through a dynasty ~ and aristocracy, f abolished the property qualification, throwing open
ended in democracy. Of the kings of Athens, con-  the archonship and other magistracies to all the citisidered as the capital of Attica, Theseus may  zens, that is, to the Thetes, as well as the other
be said to  have been  the  first; for to him  classes, the former of whom were not allowed by
whether as a real individual or a representative  Solon's laws to hold any magistracy at all; in conof a certain period, is attributed the union of the  formity with which, we find that, even in the time
different and independent states of Attica under  of Aristeides, the archons were chosen by lot from
one head.  (Thuc. ii. 15.)  The last was Codrus; the wealthiest class of citizens (of 7revratcooloin  acknowledgment  of  whose   patriotism  in j/iLt3rcvol, Plut. Arist. ad init.).
meeting death  for his country, the Athenians    Still, after the removal of the old restrictions,
are said to have determined that no one should  some security was left to insure respectability;
succeed him  with the title of 3arLXevs, or king. for, previously to an archon entering on office, he
It seems, however, equally probable, that it was  underwent an examination called the advdcpLwoms
the nobles who availed themselves of this oppor-  (Pollux,  viii. 85; Deinar. c. Aristoy. p. 107; tobs
tulity to serve their own interests,'by abolish-  evVea ipXovTas  &aCpavETe fei 7/OVEaS e sVrmorrOV.
ing the kingly power for another, the possessors of Dem. c. Eubul. p. 1320), as to his being a legi-.
which they called 6pXoeores, or rulers.  These for timate and a good citizen, a good son, and qualified
some time continued to be, like the kings of the  in point of property: eci "6 T71FIua E0rTLv ae'Ts7;
house of Codrus, appointed for life: still an impor-  was the question put.  Now, there are (Schiotant point was gained by the nobles, the office  mann, De Comnitiis, p. 312.; B6ckh, vol. ii. p. 277)
being made V're0vVuos, or accountable (Paus. iv. 5. strong reasons for supposing that this form of ex~ 4; Dem. c. Neaer. p. 1370; Aristot. Polit. ii. amination continued even after the time of Ari9; Bdckh, Flub. Econ. of Athens, vol. ii. p. 27. steides; and if so, it would follow that the right
1st ed.), which of course implies that the nobility  in question was not given to the Thetes pro.
had some control over it; and perhaps, like the  miscuously, but only to such as possessed a cerbarons of the feudal ages, they exercised the power tain amount of property.. But even if it were so,
of deposition.                                     it is admitted that this latter limitation soon beThis state of things lasted for twelve reigns of came obsolete; for we read in Lysias ('TrlEp trot
archons.  The next step was to limit the continu-'A Tvvcrov, p. 169), that a needy  old man, so
ance of the office to ten years, still confining it to  poor as to receive a state allowance, was not disthe Medontidae, or house of Codrus, so as to esta-  qualified from being archon by his indigence, but
blish what the Greeks called a dynasty, till the  only by bodily infirmity; freedom  from all such
archonship of Eryxias, the last archon of that family  defects being required for the office, as it was in
elected as such, and the seventh decennial archon. some respects of a sacred character. Yet, evern after
(Clinton, F. H., vol. i. p. 182.)  At the end of his  passing a satisfactory avabcpits, each of the archons,
ten years (B. C. 684), a much greater change took  in common with other magistrates, was liable to
place: the archonship was made annual, and its  be deposed, on complaint of misconduct made bevarious duties divided among a college of nine, fore the people, at the first regular assembly in each
chosen by suffrage (XELposromla) from  the Eupa- prytany.  On  such  an  occasion, the  ErsnXE1po.
tridae, or Patricians, and no longer elected from the  Frovia, as it was called, took  place; and we
Medontidae exclusively.  This arrangement con- read (Dem. c. Theocrin. p. 1330; Pollux, viii. 95;
tinued till the timocracy established by Solon, who  Harp. in Kvp'a'Eacqoraria) that, in one case, the
made the qualification for office depend not on  whole body of (OEMYoe'-at was deprived of office
birth, but property, still retaining the election by  (&7rEXelomo'{7P7O), for the misbehaviour of one of
suffrage, and, according to Plutarch, so far im- their body: they were, however, reinstated, on
pairing the authority of the archons and other promise of better conduct for the future.
magistrates, as to legalise an appeal from  them     With respect to the later ages of Athenian
to the courts of justice instituted by himself. history, we learn from  Strabo (ix. 1), that even
("VO'a TaLps  aXeS   T    piavt, 6PcocoSs mKal repl in his day, the Romans allowed the freedom
EIKeiVos   eis s b  8a LKarT7pLov   PEwOCLS  t'ooEc, of Athens; and we may conclude that the AthePlut. Solon. 18.)  The election by lot is believed  nians would fondly cling to a name and office
to have been introduced by Cleisthenes  (B. c. associated  with  some  of their most cherished
508; Herod. vi. 109); for we find this practice  remembrances.  That the archonship, however,
existing shortly after his time; and Aristotle  though still in existence, was merely honorary, we
(Polit. ii. 9) expressly states that Solon made no  might expect from the analogy of the consulate at
alteration in the ad[peas, or mode of election, but Rome; -and, indeed, we learn that it was someonly in the qualification for office.  If, however, times filled by strangers, as Hadrian and Plutarch.
there be no interpolation in the oath  of the  Such, moreover, was the democratical tendency of
Heliasts (Dem. c. Ti70ocr. p. 747), we are forced  the assembly and  courts of justice established
to the conclusion that the election by lot was  by Solon, that, even in earlier times, the archons
as old as the time of Solon; but the authority  had lost the great political power which they at
of Aristotle and other evidence strongly incline  one time possessed (Thuc. i. 126), and that, too,
us to  some such  supposition, or rather leave  after the division of their functions amongst nine.
no doubt of its necessity.  The last change is sup-  They became, in fact, not as of old, directors of the
posed to have been made by Aristeides (rpaciceL  government; but merely municipal magistrates,
mqbtrxLja KOIvmV ElyatrJv 7roXiTEtav, Ka2 sous dpXov-  exercising functions and bearing titles which we
r'as et'AOm'aicmv 7ra'YTrc  aipe0crOal, Plut. Arist. will proceed to describe.
22), who, after the battle of Plataea (B. c. 479),    It has been already stated, that the duties of the
single archon were shared by a college of nine.
* By this is meant that the supreme power, though  The first or president of this body was called
not monarchical, was confined to one fanmily.      6 dpXwv, by way of pre-eminence; and sometimes




ARCHON.                                            ARCHON.                    123
6 frcrvuos gpXwv from the year being distinguished  citizen of pure blood. without stain or Ulemish,
by and registered in his name.  The second was  His court was held in what was called' T'oi
styled o6 BaotXses, or the king archon; the third,  $asXfwcs aTocp.  (Dem. c. Lacr. p. 940; c. An6 7rohlaeapXos, or commander-in-chief; the remain-  drot. p. 601; c. Neaer. p. 1370; Lysias, c. Andoc.
ing six, ol aeoayoOfEat, or legislators. As regards the  p. 103, where the duties are enumerated; Elmsley,
duties of the archons, it is sometimes difficult to  Ad Aristophl. Accar. ] 143, et Scholia; Harpocr. s.v.
distinguish what belonged to them  individually'ExrlcLEAXhT1rS Rv  /UVo7sv0lplrWv; Plato, E2uth/Yhr.
and what collectively.  It seems, however, that a  ad init. et Tideaet. ad fin.; Pollux, viii. 90.)
considerable portion of the judicial functions of    The Polemarch was originally, as his name dethe ancient kings devolved upon the Acchon Epo-  notes, the commander-in-chief (Herod. vi. 109,
nymus, who was also constituted a sort of state  111; Pollux, viii. 91); and we find him  disprotector of those who were unable to defend them- charging military duties as late as the battle of
selves.  (Dem. c. Macar. No'los, p. 1076; Pollux, Marathon, in conjunction with the ten orT'pa'ryol:
viii. 89.)  Thus he had to superintend orphans  he there took, like the kings of old, the command of
and their estates, heiresses, families losing their the right wing of the army. This, however, seems to
representatives (odt1cO Ol 05eprlpyo;tEoL), widows  be the last occasion on record of this magistrate apleft pregnant, and to see that they were not pointed by lot, being invested with such important
wronged in any way.  Should any one do so, he  functions; and in after ages we find that his
was empowered  to  inflict a fine of a certain  duties ceased to be military, having been in a great
amount, or to bring the parties to trial.  Heiresses, measure transferred to the protection and superinindeed, seem  to have been under his peculiar tendence of the resident aliens, so that he resembled
care; for we read  (Dem. c. M/lacar. p. 1069), in many respects the praetor peregrinus at Rome. In
that he could compel the next of kin either to  fact, we learn from Aristotle, in his "Constitution of
marry a poor heiress himself, even though she were  Athens," that the polemarch  stood in the same
of a lower class, or to portion her in marriage to  relation to foreigners as the archon to citizens.
another.  Again we find (Id. p. 1055; Pollux, (Demosth. c. Lacr. p. 940; Arist. apud Harpocr.
viii. 62) that, when a person claimed an inhe- s. v.; Pollux, viii. 91, 92.)  Thus, all actions affectritance or heiress adjudged to others, he sum-  ing aliens, the isoteles and proxeni, were brought
moned the party in possession before the archon  before him  previously to trial; as, for instance,
eponymus ('Es7rtucalia) who brought the case into  the 8ibcm  &arpoo'raoiou against a foreigner, for
court, and made arrangements for trying the suit. living in Athens without a patron; so was also
We must, however, bear in mind that this autho- the i1c &7rooeTaoi'ov against a slave who failed in
rity was only exercised in cases where the parties  his duty to the master who had freed him.  Morewere citizens, tle polemarch having corresponding  over, it was the polemarch's duty to offer the
duties when the heiress was an alien.  It must also  yearly sacrifice to Artemis, in commemoration of
be understood that, except in very few cases, the  the vow made by Callimachus, at Marathon, and
archons did not decide themselves, but merely  to arrange the funeral games in honour of those
brought the causes into court, and cast lots for the  who  fell in war.   These  three  archons, the
dicasts who  were to try the issue.  (Dem. c. E7r&crvos, PaoiXeiSs, and  roXeYapXos, were each
Step/h. ii. p. 1136.)  Another duty of the archons  allowed two assessors to assist them  in the diswas to receive eora-yyeXtaC (Harpocr. s. v.), or in- charge of their duties.
formations against individuals who had wronged    The  T/hesmothsetae were extensively connected
heiresses, children who had maltreated their parents,  with the administration of justice, and appear to
guardians who had neglected or defrauded their have been called legislators (Thirlwall, Hist. of
wards.  (Ka&Kcors  7ruKAcXpov, yove&o, 4pea~vdv. Greece, vol. ii. p. 17), because in the absence of a
Dem.. c. Macar. p. 1069; Schmann, p. 181.  In-  written code, they might be said to make laws, or
formations of another kind, the e'/aetLLs and (padts,  so-eyolI, in  the  ancient  language  of Athens,
were also laid before the eponymus, though De- though  in  reality they only declared and exmosthenes (c. Timocr. p. 707) assigned the former plained them.  They were required to review,
to the thesmothetae. (ENDEIxIS.)  The last office  every year, the whole body of laws, that they
of the archon which we shall mention was of a  might detect any inconsistencies or superfluities,
sacred character; we allude to his superintendence  and discover whether any laws which were abroof the greater Dionysia and the Thargelia, the  gated were in the public records amongst the rest.
latter celebrated in honour of Apollo and Artemis.  (Aeschin. c. Ctesiph. p. 59.) Theirreport was sub(Pollux, viii. 89.)                                uitted to the people, who referred the necessary
The functions of the ParYeVs'S, or IKing Arc/hon,   alterations to a legislative committee chosen for
were almost all connected with religion: his dis- the purpose, and called Yo/Luofea.
tinguishing title shows that he was considered a    The chief part of the duties of the thesmothetae
representative of the old kings in their capacity of consisted in receiving informations, and bringing
high priest, as the Rex Sacrificulus was at Rome. cases to trial in the courts of law, of the days of
Thus he presided at the Lenaean, or older Dionysia; sitting in which they gave public notice.  (Pollux,
superintended the mysteries and the gamnes called  viii. 87, 88.)  They did not try them themselves;
Xa&u7ra-ldpoptat, and had to offer up sacrifices and  but seem to have constituted a sort of grand jury,
prayers in the Eleusinium, both at Athens and  or inquest.  Thus they received Eiv8eleLs against
Eleusis.  Moreover, indictments for impiety, and  parties who had not paid their fines, or owed any
controversies about the priesthood, were laid before  money to the state; and in default of bringing
him; and, in cases of murder, he brought the trial the former parties to trial, they lost their right of
into the court of the Areiopagus, and voted with its  going up to the Areiopagus at the end of their year
members.  His wife, also, who was called Barl-  of office.  (Dem. c. Meid. p. 529; c. Mlacar. p.;peo'a or aaeoxwrva, had to offer certain sacrifices,  1075; c. Timocr. 707; Bdckh, vol. i. p.59, vol. ii
and therefore it was required that she should be a  p. 72.)  Again, indictments for personal injuries




121                ARCHON.                                             ARC US.
(vbpecos ypapal) were laid before them, as well as  important element in the determination of Atheinformations against olive growers, for rooting up  nian chronology. Now from Creon (B.C. 684), the
more trees than was allowed to each proprietor first annual archon, to Comias (B. c. 560), we have
by law.  So, too, were the-indictments for bribing  the names of about twenty-four. From B. c. 560
the Heliaea, or any of the courts of justice at to the invasion of Xerxes (B. C. 480), the names
Athens, or the senate, or forming clubs for the  and years of about twenty-four more have been
overthrow of the democracy, and against retained  determined.  From B. c. 480 to 292, Diodorus and
advocates (rvv'hyopoe) who took bribes either in  Dionysius Halicarnassus furnish an almost unpublic or private causes.  Again, an information  broken succession for a period of nearly 200 years.
was laid before them if a foreigner cohabited with  The names, so far as they are known, are given by
a citizen, or a man gave in marriage as his own  Clinton (F. H.), who remarks that the compiler
daughter the child of another, or confined as an  of the Parian marbles places the annual archons one
adulterer one who was not so. T:ey. also had to  year too high respectively.  He also states (vol. ii.
refer informations'(Eieayy7esAccLm)4:bthe people; p. 12) that the best list is that of Corsini, who
and where an information had been lai! before the  howeveris surpassed byWesseling within theperiod
senate, and a condemnation. ensued, it was' their embraced by the remains of Diodorus.  [R.W.]
duty to bring the judgment into the courts of    ARCHO'NES (apXc6~vls).  [TELONES.]
justice for confirmation or revision. (Dem. c. Step/s.    ARCIFI/NIUS AGER.  [AGER.]
ii. p. 1137; c. Neaes. pp. 1351, 1363, 1368,    ARCUS (also foraix, Virg. Aen. vi. 631; Cic.
c. Timocer. p. 720; Pollux, viii. 88; Bickh, vol. i. in Verr. i. 7; tcaldcpa), an arch.  It is possible to
pp. 259, 317.)                                     give an arched form to the covering of any opening
A different office of theirs was to draw up and  by placing horizontal courses of stones projecting
ratify the e6Iucoka, or agreements, with foreign  over one another, from both sides of the opening,
states, settling the terms on which their citizens  till they meet at top, and then cutting the ends of
should sue and be sued by the citizens of Athens. the projecting stones to a regular curve, as shown
In their collective capacity, the archons are said to  below.  This form  is found in the most ancient
have had the power of death in case an exile re- architecture of nearly all nations, but it does not
turned to an interdicted place: they also superin- constitute a true arch.  A  true arch is formed of
tended the E7rLXeLporovti  of the magistrates, held  a series of wedge-like stones, or of bricks, supportevery prytany (/erepwCTrc c EI. Ke soi? scaX6Js ipXELY), ing each other, and all bound firmly together by
and brought to trial those whom  the people de- their mutual pressure.
posed, if an action or indictment were the con-    It would seem that the arch, as thus defined,
sequence of it. Moreover, they allotted the dicasts  and as used by the Romans, was not known to the
or jurymen, and probably presided at the annual  Greeks in the early periods of their history, otherelection of the strategi and other military officers. wise a language so copious as theirs, and of such
(Pollux,viii. 87, 88; Harpocr. s. v. KaraXepeorovvla:  ready application, would not have wanted a name
Schomann, p. 231; Dem. c. Aris. p. 630.)           properly Greek by which to distinguish it.  But
WVe may here remark, that it is necessary  the constructive principle, by which an arch is
to be cautious in our interpretation of the words made to hold together, and to afford a solid reapxo  and 6pxoeves, since in the Attic orators  sistance against the pressure upon its circumference,
they have a double meaning, sometimes refer- was known to them even previously to the Trojan
ring to the archons peculiarly  so called, andll  war, and its use is exemplified in two of the
sometimes to any other magistracy.   Thus in  earliest buildings now  remaining —the chamber
Isaeus (De Cleonymni Haered.) we might on a  built at Orchomenus, by Minyas, king of Boeotia,
cursory perusal infer, that when a testator left described by Pausanias (ix. 38), and the treasury
his property away from  his heir-at-law, by what of Atreus at Mycenae.  (Paus. ii. 16.)  Both
was technically called a   ao'Ls (Iarpocr. s. v.; these works are constructed under ground, and
Isaeus, orepl Kicpwv), the archon took the original each of them consists of a circular chamber formed
will into custody, and was required to be present by regular courses of stones laid horizontally over
at the making of any addition or codicil to it.  A   each other, each course projecting towards the inmore accurate observation proves that by eis -rv terior, and beyond the one below it, till they meet
apx6vTcov is meant one of the &rautrvvSuoi, who  in an apex over the centre, which was capped by a
formed a magistracy (3&Xt5) as well as the nine  large stone, and thus resembled the inside of a
archons.                                           dome.  Each of the horizontal courses of stones
A few words will suffice for the privileges and  formed a perfect circle, or two semicircular arches
honours of the archons. The greatest of the former joined together, as the subjoined plan of one of
was the exemption from the trierarchies -  a boon  these courses will render evident.
not allowed even to the successors of Harmodius    It will be observed that the innermost end of
and Aristogeiton.  As a mark of their office, they  each stone is bevelled off into the shape of a wedge,
wore a chaplet or crown of myrtle; and if any  the apex of which, if continued, would meet in the
one struck'or abused one of the thesmothetae or centre of the circle, as is done in forming an arch;
the archon, when wearing this badge of office, he  while the outer ends against the earth are left rough,
became &rtelos, or infamous in the fullest extent, and their interstices filled up with small irregularthereby losing his civic rights.  (Bbckh, vol. ii. shaped stones, the immense size of the principal
p. 322; Dem. c. Lept. pp. 462, 464, 465, c. Meid. stones rendering it unnecessary to continue the
p. 524; Pollux, viii. 86.) The archons, at the close  sectional cutting throughout their whole length.
of their year of service, were admitted among the  Indeed, if these chambers had been constructed
members of the Areiopagus.  [AREIOPAGUS.]          upon any other principle, it is clear that the presThe Archon Eponymus being an annual magis-  sure of earth all around them  would have caused
trate at Athens, like the consul at Rome, it is  them  to collapse.  The  method of construction
manifest that a correct list of the archons is an  here described was communicated  to the writer




ARCUS..                                ARCUS TRIUMPHALIS.                 125
of the present article by the late Sir William  — to erect bridges and aqueducts, and the most
Gell.  Thus it seems that the Greeks did under- durable and massive structures of brick.  The
stand the constructive principle upon which arches  Romans, however, never used any other form of
arch than the semicircle.            [A. R.]
ARCUS TRIUMPHA'LIS (a triumphal arch),
was a structure peculiar to the Romans, among
whom it seems to have taken its origin from the
Porta Triumnphalis, the gate by which a general
celebrating a triumph led his army into the city, on
which occasions the gate was adorned with trophies
and other memorials of the particular victory celebrated.  In process of time other arches were
erected, both at Rome and in the provinces, to
celebrate single victories, the memorials of which
were carved upon them or fixed to them, and these
remained as permanent monuments.  They even
came to be erected in memory of a victory for
which there had been no triumph; nay, even to
commemorate other events than victories. That
at Ancona, for example, was erected in honour of
Trajan, when he had improved the harbour of the
are formed, even in the earliest times; although  city at his own expense.
it did not occur to them to divide the circle by a    Triumphal arches were insulated  structures
diameter, and set the half of it upright to bear a built across the  principal streets of the city,
superincumbent weight.  But they made use of a  and, according to the space of their respective
contrivance even before the Trojan war, by which  localities, consisted of either a single arch-way,
they were enabled to gain all the advantages of our or of a central one for carriages, with two smaller
archway in making corridors, or hollow galleries, ones on each side for foot passengers, which
and which in appearance resembled the pointed  sometimes have side communications with the
arch, such as is now termed Gothic.  This was centre arch.  Sometimes there were two arches of
effected by cutting away the superincumbent stones  equal height, side by side.  Each front was ornain the manner already described, at an angle of mented with trophies aand bas-reliefs, which were
about 450 with the horizon.  The mode of con- also placed on the sides of the passages.  Both
struction and appearance of such arches is repre- favades had usually columns against the piers,
sented in the annexed drawing of the walls of supporting an entablature, surmounted by a lofty
Tiryns, copied from Sir William  Gell's Argolis. attic, on the front of which was the inscription,
The gate of Signia (Segni) in Latium  exhibits a  and on the top of it bronze chariots, war-horses,
similar example.                                 statues, and trophies.
Stertinius is the first upon record who erected
-    -'Sb           -,'         any thing of the kind.  He built an arch in the
Forum  Boarium, about B. C. 196, and another
in the Circus Maximus, each of which was surmounted by gilt statues. (Liv. xxxiii. 27.)  Six
years afterwards, Scipio Africanus built another on
the Clivus Capitolinns, on which he placed seven
Ah9' "~     \.  4          A gilt statues and two figures of horses (Liv. xxxvii.'~"':l At )     -i-       3); and in B. C. 121, Fabius Maximus built a
fourth in the Via Sacra, which is called by Cicero
(in Verr. i. 7) the Fossir Fmbianus.  None of
i.    these remain, the Arch of Augustus at Rimini
4'..          being one of the earliest among those still stand-.   -i'..r..    ij,~il>,,~ X ling.  That these erections were either temporary
or very insignificant, may be inferred from the
silence of Vitruvius, who says nothing of.triumphal
— w       A        --  spl'tarches.  We might be sure, from  the nature of
the case, that such structures would especially' ]! \~  ~:]~~- -  l ll mark the period of the empire.
There are twenty-one arches recorded by dif
r\  < — -- -:' — = —~   -    ~~~ ~~~_~.__  ferent writers as having been erected in the city
of Rome, five of which now remain:-  1. Anc as
Drusi, which was erected to the honour of Nero
Claudius Drusus on the Appian way. (Suet.
Clcud. 1.)  2. A trcs Titi, at the foot of the
The principle of the true arch seems to have  Palatine, which was erected to the honour of
been known to the Romans from  the earliest Titus, after his conquest of Judaea, but was not
period: it is used in the Cloaca Maximna.  It is  finished till after his death; since in the inscripmost probably an Etruscan invention.  The use of tion upon it he is called Dices, and he is also
it constitutes one leading distinction between  represented as being carried up to heaven upon an
Greek and Roman architecture, for by its applica- eagle.  The bas-reliefs of this arch represent the
tion the Romans were enabled to execute works spoils from  the temple of Jerusalem  carried in
of far bolder construction than those of the Greeks | triumphal procession; and are among the best




126               ARCUS.                                        AREIOPAGUS.
specimens of Roman sculpture.  This arch has
only a single opening, with two columns of the
Roman or composite order on each side of it.  3.
Arcus Septiazii Severi, which was erected by the
senate (A. D. 203) at the end of the Via Sacra,
in honour of that emperor and his two sons,
Caracalla and Geta, on account of his victories  
over the Parthians and Arabians.  4. Arcus Gallieni, erected to the honour of Gallienus by a private individual, M. Aurelius Victor.  5. Arcus
Constantini, which is larger and more profusely               
ornamented than the Arch of Titus.  It was
erected by the senate in honour of Constantine,           jX
after his victory over iMaxentius.  It consists of
three arches, with columns against each front, and                                      -
statues on the entablatures over them, which, with
the other sculptured  ornaments, originally de-,  Wen not used, the bow was pnt into a case
corated the arch of Trajan.           [P. S.]    (TO6ir1c7,'y YoPTds, CGorytus), which was made of
ARCUS (I3tds, rT6ov), the bow used for shoot- leather, and sometimes ornamented (qmaerods, Hom.
ing arrows, is one of the most ancient of all wea- Od. xxi. 54).  The bow-case is very conspicuous
poens, but is characteristic of Asia rather than of in the sculptured bas-reliefs of Persepolis.  It
Europe.  Thus in the  description given by Hero- frequently held the arrows as well as the bow,
dotu  (vii. 61-80) of the various nations corm- and on this account is often confounded with the
posing the army of Xerxes, we observe that nearly  Phacetrca  or quiver.  Though its use was comall the troops without exception used the bow. paratively rare among the Greeks and Romans
The Scythians and Parthians were the most cele- we find it exhibited in a bas-relief in the MIuseo
brated archers in the East, and among the Greeks  Pio-Clementino (vol, iv. tav. 43), which is copied
the Cretans, who frequently served as a separate  il the annexed  cut.
corps in the Greek armies, and subsequently also
among the auxiliary troops of the Romans. (Comp.
Xen. Anab. i. 2. ~ 9; Liv. xlii. 35.)
The form  of the Scythian and Parthian bow
differed from that of the Greeks.  The former was
in the shape of a half-moon, and is shown in the
upper of the two figures here exhibited, which is
taken from one of Sir W. Hamilton's fictile vases.
(Comp. Amm. Marc. xxii. 8.)  The Greek bow, on
the other hand, the usual form of which is shown               //
in the lower of the preceding figures, has a double    ARDA'LION (&pMdaxov).  [FUNus.]
curvature,'consisting of two circular portions united    A'REA.  [AGRICULTURA, p. 44.]
in the middle (ryuyvs).  According to the descrip-    AREIO'PAGUS.  The Areiopagus (6:ApeLos
tion in Homer (I1. iv. 105-126), the bow was  arcyos, or hill of Ares), at Athens, was:a rocky
made of two pieces of horn, hence frequently called  eminence, lying to the west of, and not far from the
tepas and cornu.  The bow-string (v'evpc) was Acropolis. To account for the name, various stories
twisted, and was frequently made of thongs of were told. Thus, some said that it was so called from
leather (seupa Bdeia).  It was always fastened to  theAnlazons, the daughters ofAres, havingencamped
one end of the bow, and at the other end there  there when they attacked Athens; others again, as
hung a ring or hook (tcopczV), usually made of Aeschylus, from the sacrifices there offered by them
metal (XpvrmEd), to which the string was attached, to that god; while the more received opinion conwhen the bow was to be used.  In the same pas- nected the name with the legend of Ares having
sage of Homer we have a description of a man  been brought to trial there by Poseidon, for the
preparing to shoot, and this account is illustrated  murder of his son Halirrhotius. (Dem. c. Aristocr.
by the following outline of a statue belonging to  p. 642; Aeschyl. Ezur. 659.)  To none, however
the group of the Aeginetan marbles.  The bow, of these legends did the place owe its fame, but
placed in the hands of this statue, was probably  rather to the council ('H ei''Apefo/ mrd-yw jovxA),
of bronze, and has been lost.                    which held its sittings there, and was sometimes




AREIOPAGUS.                                      AREIOPAGUS.                   127
called'H acow $ovAXi, to distinguish it from the  Solon is said to have formed the two councils, the
senate of Five IIundred,which sat in the Cerameicus  senate and the Areiopagus, to be a check upon the
within the city. That it Was a body of very remote  democracy; that, as he himself expressed it, "the
antiquity, acting as a criminal tribunal, was evi- state, riding upon them as anchors, might be less
dently believed by the Athenians themselves.  In  tossed by storms."  Nay, even after the archons
proof of this, we may refer to the express assertions  were no longer elected by suffrage but by lot, and
of the orators, and the legend of Orestes having  the office was thrown open by Aristeides to all the
been tried before the council for the murder of his  Athenian citizens, the " upper council" still remother —a trial which took place before Athena, tained its former tone of feeling.  We learn, inand which Aeschylus represents as the origin of deed, from Isocrates (Areiop. p. 147), that no one
the court itself.  Again, we find that even before  was so bad as not to put off his old habits on bethe first Messenian war (B. C. 740) began, the  coming an Areiopagite; and though this may refer
Messenians offered to refer the points in dispute to  to private rather than public conduct, we may not
the Argive Amphictiony, or the Athenian Areio- unreasonably suppose that the political principles
pagus (Paus. iv. 5. ~ 1; Thirlwall, Hist. Greece, of the younger would always be modified by the
vol. i. p. 345), because this body was believed to  older and more numerous members-a modification
have had jurisdiction in cases of manslaughter which, though continually less in degree, would
(6alcas poYmKds), " from of old."                still be the same in direction, and make the AreioThere is sufficient proof, then, that the Areiopa- pagus what Pericles found it, a counteracting force
gus existed before the time of Solon, though he is to the democracy. Moreover, besides these changes
admitted to have so far modified its constitution  in its constitution, Solon altered and extended its
and sphere of duty, that he might almost be called  functions.  Before his time it was only a criminal
its founder. What that original constitution was, court, trying cases of " wilful murder and woundmust in some degree be left to conjecture, though  ing, of arson and poisoning " (Pollux, viii. 117;
there is every  reason to suppose that it was Dem. c. Arist. p. 627), whereas he gave it extensive
aristocratical, the  members  being  taken, like  powers of a censorial and political nature.  Thus
the Ephetae, from  the noble patrician families  we learn that he made the council an "overseer
(&pLO'Tivarl ). We may remark that, after the time  of everything, and the guardian of the laws," emof Solon, the Ephetae, fifty-one in number, sat powering it to inquire how any one got his living,
collectively  in four different courts, and were  and to punish the idle.  (Plutarch. Solon. c. 22;
charged with the hearing of such cases of acci- Isoc. 1. c.)
dental or justifiable homicide as admitted of or re-    We learn from  other authorities that the
quired expiation, before the accused could resume  Areiopagites were " superintendents of good order
the civil and religious rights he had lost: a re- and decency," terms rather unlimited and undesumption impossible in cases of wilful murder, the  fined, as it is not improbable Solon wished to
capital punishment for which could only be escaped  leave their authority.  There are, however, reby banishment for life, so that no expiation was corded some particular instances of its exertion.
required or given. (MiUller, Eumen. ~ 64; Pollux, (Athen. iv. pp.167, c.-168, b. vi.p. 245, c. ed. Dinviii. 125.)  Now the Ephetae formerly adminis-  dorf; Pollux, viii. 112.)  Thus we find that they
tered justice in five courts, cid for this and other called persons to account for extravagant and disreasons it has been conjectured that they and the  solute living, and that too even in the later days
Areiopagus then formed one court, which decided  of Athenian history.  On the other hand, they ocin all cases of murder, whether wilful or accidental. casionally rewarded remarkable cases of industry,
In support of this view, it has been urged that the  and, in  company with  certain  officers called
separation of functions was rendered necessary by  yuvvamtov6muol, made domiciliary visits at private enthat change of Solon which made the Areiopagus  tertainments, to see that the number of guests
no longer an aristocratic body, while the Ephetae  was not too large, and also for other purposes.
remained so, and as such were competent to ad- But their censor ial and political authority was not
minister the rights of expiation, forming, as they  confined to matters of this subordinate character.
did, a part of the sacred law of Athens, and there. We learn from Aristotle (Plut. Thsemis. c. 10; see
fore left in the hands of the old patricians, even  Bickh, vol. i. p. 208), that at the time of the
after the loss of their political privileges.  On this  Median invasion, when there was no money in
point we may remark, that the connection insisted  the public treasury, the Areiopagus advanced eight
on may to a great extent be true; but that there  drachmae a man to each of the sailors-a statement
was not a complete identity of functions is proved  which proves that they had a treasury of their
by Plutarch (Solon. c. 19), in a quotation from the  own, rather than any control over the public
laws of Solon, showing that even before that legis- finances, as some have inferred from it. (Thirlwall,
lator the Areippagites and Ephetae were in some  HBlst. Greece, vol. iii. app. 1.)  Again, we are told
cases distinct.                                  (Lycurg. c. Leoc. p. 154) that at the time of the
It has been observed, in the article AnCHON, battle of Chaeroneia, they seized and put to death
that the principal change introduced by Solon in  those who deserted their country, and that they
the constitution of Athens, was to make the quali-  were thought by some to have been the chief prefication for office depend not on birth but property; servation of the city.
also that, agreeably to his reforms, the nine archons,    It is probable that public opinion supported
after an unexceptionable discharge of their duties, them in acts of this kind, without the aid of which
"went up " to the Areiopagus, and became mem- they must have been powerless for any such obbers of it for life, unless expelled for misconduct. jects.  In connection with this point, we may add
(Deinar. c. Demnosts. p. 97; Plut. Sol. c. 18.)  that when heinous crimes had notoriously been
The council then, after his time, ceased to be  committed, but the guilty parties were not known,
aristocratic in constitution; but, as we learn from  or no accuser appeared, the Areiopagus inquired
Attic writers, continued so in spirit.  In fact, into the subject, and reported (a&rvopaovl,) to the




128            AREIOPAGUS.                                      AREIOPAGUS.  AREIOPAGU.
demus.  The report or information was called  Cicero, who in one place speaks of the council.as
hardcqpas. This was a duty which they sometimes  governingAthens, observes in another that from that
undertook on their own responsibility, and in the  time all authority was vested in the ecclesia, and
exercise of all old-established right, and sometimes  the state robbed of its ornament and honour. Pluon the order of the demus. (Deinarch. c. Demn. p. 97; tarch (Cimon, 15) tells us that the people deprived
SchUmann, De Comitiis, p. 217, transl.)  Nay, the Areiopagus of nearly all its judicial authority
to such an extent did they carry this power, that (Tis Krplarrs rXv d'ywv o u'c aordias), establishing
on one occasion they apprehended an individual an unmixed democracy, and making themselves
(Antiphon)  who  had  been  acquitted  by the  supreme in the courts of justice, as if there had
general assembly, and again brought him  to a  formerly been a superior tribunal.  But we infer
trial, which ended in his condemnation and death. from another passage, that the council lost con(Dem. De Cor. pp. 271, 272; Deinarch. c. Demn. siderable authority in matters of state; for we
p. 98.)  Again, we find them revoking an appoint- learn that Athens then entered upon a career of
ment of the people whereby Aeschines was made  conquest and aggrandisement to which she had
the advocate of Athens before the Amphictionic  previously been a stranger; that, " like a rampant
council, and substituting Hyperides in his room. horse, she would not obey the reins, but snapped
In these two cases also, they were most probably  at Euboea, and leaped upon the neighbouring
supported by public opinion, or by a strong party  islands."  These accounts in themselves, and as
in the state.  (Dem. 1. c.)                      compared with others, are sufficiently vague and
They also had duties connected with religion, inconsistent to perplex and embarrass; accordone of which was to superintend the sacred olives ingly, there has been much discussion as to the
growing about Athens, and try those who were  precise nature of the alterations which Pericles
charged with destroying them.  (Lysias, IIepl T'ro  effected; some, amongst whom  we may mention
~ntcoO, p. 110.)  We read, too, that in the dis- Miiller (EaGm. ~ 37), are of opinion that he decharge of their duty as religious censors, they on  prived the Areiopagus of their old jurisdiction in
one occasion examined whether the wife of the  cases of wilful murder, and one of his chief arguking archon was, as required by law, an Athenian; ments is that it was evidently the design of Aesand finding she was not, imposed a fine upon her chylus to support them in this prerogative, which
husband.  (Dem. c. Neaer. p. 1372.)  Wre learn  therefore must have been assailed.  For a suffifiom  the same passage, that it was their office  cient answer to this, we would refer our readers
generally to punish the impious and irreligious. to Bishop Thirlwall's remarks ([ist. of Greece,
Again we are told, though rather in a rhetorical vol. iii. p. 24), merely stating in addition, that
way, that they relieved the needy. from the re- Demosthenes  (c. Aristocr. p. 641) *  expressly
sources of the rich, controlled the studies and  affirms, that neither tyrant nor democracy had
education of the young, and interfered with and  ever dared to take away from them this jurisdicpunished public characters as such. (Isocr. Areiop. tion.  In addition to which it may be remarked,
p. 151.)                                         that the consequences ascribed to the innovation
Independent, then, of its jurisdiction as a  do not indicate that the Areiopagus lost its aucriminal court in cases of wilfiul murder, which  thority as a criminal tribunal, but rather that it
Solon continued to the Areiopagus, its influence  was shorn of its power as superintending the
must have been sufficiently great to have been a  morals and conduct of the citizens, both in civil
considerable obstacle to the aggrandisement of the  and religious matters, and as exercising some
democracy at the expense of the other parties in  control over their decisions.  Now  an authority
the state.  In fact, Plutarch (Solon. c. 18), ex- of the former kind seems far removed from asly
pressly states that Solon had this object in view  political influence, and the popular belief as to its
in its reconstruction; and accordingly, we find  origin would have made it a dangerous object df
that Pericles, who never was an archon or Areio- attack, to say nothing of the general satisfaction
pagite, and who was opposed to the aristocracy for the verdicts had always given.  We may observe,
many reasons, resolved to diminish its power and  too, that one of the chief features of a democracy
circumscribe its sphere of action.  His coadjutor is to make all the officers of the state responsible;
in this work was Ephialtes, a statesman of inflexible  and that it is not improbable that one of the
integrity, and also a military commander. (Plut. changes introduced by Ephialtes was, to make the
Cins. 7, Peric. 10, 13.) They experienced much op-  Areiopagus, like other functionaries, accountable
position in their attempts, not only in the assembly, to the demus for their administration, as, indeed,
but also on the stage, where Aeschylus produced  we know they afterwards were.  (Aesch. c. Ctes.
his tragedy of the Eumenides, the object of which  p. 56; BSckh, vol. i. p. 353.)  This simple rewas to impress upon the Athenians the dignity, the  gulation would evidently have made them subsersacredness, and constitutional worth of the insti- vient, as they seem to have been, to public.opinion;
tution which Pericles and Ephialtes wished to re- whereas no such  subserviency is recorded in
form.  He reminds the Athenians that it was a  criminal matters, their tribunal, on the contrary,
tribunal instituted by their patron goddess Athena, being always spoken of as most just and holy; so
and puts into her mouth a popular harangue full much so, that Demosthenes says (ec. Arist. pp. 641,
of warnings against innovations, and admonishing  642) that not even the condemned whispered an
them to leave the Areiopaqus in possession of its  insinuation  against the  righteousness  of their
old and well grounded rights, that under its watch- verdicts.  Indeed, the  proceedings before  the
ful guardianship they might sleep in security. Areiopagus, in cases of murder, were by their
(Mhiller, Elsm. ~ 35.)  Still the opposition failed:  solemnity and fairness well calculated to insure
a decree was carried, about B. c. 458, by which, as
Aristotle says, the Areiopagus was " mutilated," and   *  For an able vindication of this statement of
many of its hereditary rights abolished. (Arist. Pol.  Demosthenes, the reader is referred to Hermann,
ii. 9; Cic. De A7et. Deor. ii. 29, De Re2). i. 27.)  Opusc. vol. iv. p. 299.




AREIOPAGUS.                                            ARGEL.                    129
just decisions. The process was as follows: -  The  their moral influence; but shortly after the age of
king archon (Pollux, viii. 90) brought the case  Demetrius Phalereus, a change had taken place;
illto court, and sat as one of the judges, who were  they had lost much of their respectability, and
assembled  ill the open air, probably to guard  were'but ill fitted to enforce a conduct in others
against any contamination from the criminal. (An-  which they did not observe themselves.  (Athen.
tiphon, De Coetde Ie0rod. p. 130; Dem. e. Arist. iv. p. 167.)
I..; Pollux, viii. 33.)   The accuser, who was    The case of St. Paul (Act. xvii. 22.) is generally
said c-Is "Apetov -rdTyov e'rLoK17reLt, first came for-  quoted as an instance of their authority in religious
ward to nmake a solemn oath (6tiooloota) that his  matters; but the words of the sacred historian do
accusation was true, standing over the slaughtered  not necessarily imply that he was brought before the
victims, and imprecating extirpation upons himself council.  It may, however, be remarked, that theyand his whole family, were it not so.  The accused  certainly took cognizance of the introduction of
then denied the charge with the same solemnity  new and unauthorized forms of religious worship,
and fobrm  of oath.  Each party then stated his  called eir[Ocea iepad, in contradistinction  to the.
case with all possible plainness, keeping strictly to?rdropla or older rites of the state. (Harpocrat. s. vv.
the subject, and not- being allowed to appeal in'Ewr0e-roL'Eop'rai; Schomann, De Co(itiis, p. 286.
any way to the feelings or passions of the judges  transl.)  There was also a tradition that Plato was
(srpooilpdue-o al oat   ss ob      oiKTciFce-oOaL.  deterred from mentioning the name of Moses as a
Aristot. lihet. i. 1; Pollux, viii. 117.)  After the  teacher of theunityof the Godhead, by his fear of the
first speech (iera' -rby vrpiTepoav Xhyos), a criminal Areiopagus. (Justin Martr, CJokeor ad Gmrec. p. 22.)
accused of nimrder might remove from  Athens,    With respect to the number of the Areiopagusand thus avoid the capital punishment fixed by  in its original form, a point of no great moment,
i)raco's OecUotl, which on this point were still in  there are various accounts; but it is plain that
force.  Except in cases of parricide, neither the  there could have been no fixed number when the
accuser nor the court had power to prevent this; archons became members of this. body at the exbut the party who thus evaded the extreme punish-  piration of their year of office.  Lysias, indeed,
ment was not allowed to return home (peVyel E  speaks of them (lepil O   v.KoV, pp. ll0, Ill; see
aetlvyiaav), and when any decree was passed at A yema. Orat. c. 1 sl/rot.) as forming a part of the
Athens to legalise the return of exiles, an exception. Areiopagus even during that time; a statem nt
was always made against those who had thus left which can only be reconciled with the general
their country (of Et'ApEioU  lrT-yoV  pevYOY'Tes). opinion on the subject, by supposing that they
See Plato, Leges, ix. 11.                          formed a part cof the council during their yeiar of
The reputation of the Areiopagus as a criminal office, but were not permanent members till the
court was of long continuance, as we may learn. end of that time, and after passing a satisfactory
from an anecdote of Aulus Gellius, who tells us  examination.                            [R. W.]
(xii. 7) that C. Dolabella, proconsul of the Ro-    ARE NA.  [AMPHtTHEATRUM.]
man province of Asia, referred a case which per-    ARETA'JLOGI, a class of persons whose conplexed himself and his council to the Areiopagus  versation fori.ed one of the entertainments of the
(lt adr jucldices grasior'es exercitatioresque); they  Roman dinner-tables. (Suet. Octrcv. 74.)   The
ingeniously settled the matter by ordering the  word liteLally signifies persons sc-to discourse alout
parties to appear that day 100 years (certesiro, 7-idtue; and the class of persons intended seeml to
uano adesse).  They existed in namnn, indeed, till have been poor philosophers, chiefly of the Cynic
a very late period.  Thus we find Cicero mentions  and Stoic sects, who, unlable to gain a living by
the council in his letters (Ad Fain. xiii. I;  Ad  their public lectures, obtained a mnaintenalnce at
rAtt. i. 14, v. 1); and under the emperors Gratian  the tables of the rich by their philosophical conand Theodosius (A. D. 380),'Poivplos Pior'os is  versation.  Such a life would naturally degenerate
called proconsult of Greece, and an Areiopagite.  into that of the parasite and buffoon; and accord(Meursits, Areiop.)                               ingly we find these persons spoken of contemnpOf the respectability and moral worth of the  tuously by Juvenal, who uses the phrase se-elseaX
council, and the respect that was paid to it, we  aretia.loogs: they became a sort of scetr'a. (Juv.
have abundant proof in the writings of the Athe- Sat. xv. 15, 16; comp. Casaubon. ad Suet. /. c.;
nian orators, where, indeed, it would be difficult to  and Ruperti and Heinrich, ad Juv. 1. c.)  [P. S.]
find it mentioned  except in  terms of praise.    A'RGEI.  We learn from  Livy (i. 22) that
Thus Lysias speaks of it as most righteous and  Numa consecrated places for the celebration of
venerable (c. A4ldoc. p. 104; compare Acsch. c. religious services, which were called by the pontiTimar. 12; Isocr. Areiop. 148); and so great was  fices " argei."  Varro calls them the chapels of the
the respect paid to its members, that it was con- argei, and says they were twenty-seven in numsidered rude in the demus laughing in their pre-  her, distributed in the different districts of the
sence, while one of them was making an address  city.  We know but little of the particular uses
to the assembly on a subject they had been de- to which they were applied, and that little is unputed to investigate. This respect might, of course, important.  Thus we are told that they were
facilitate the resumption  of some of their lost solemnly visited on the Liberalia, or festival of
power, more especially as they were sometimes  Bacchus; and also, that whenever the flamen
intrusted with  inquiries on behalf of the state,  dialis went (ieit) to them, he was to adhere to
as on the occasion to which we have just alluded, certainobservances.  They seem also to have been
when they were made a sort of commissioners, to  the depositaries of topographical records.  Thus
inquire into the state of the buildings about the  we read in Varro, —In sacreis.Aryeorumn scriptuam
Pnyx, and decide upon the adoption or rejection  est sic: Oppius  mons princeps, &c., which is folof some proposed alterations.  Isocrates, indeed, iowed by a description of the neighbourhood. There
even in his time, when the previous inquiry or  was a tradition that these argei were named from
miaavlnia had fallen into disuse, speaks well of the chieftains who came with Hercules, the Argive,
K




130            ARGENTARII.                                         ARGENTARII.
to Rome, and occupied the Capitoline, or, as it was  even maintained so great a reputation that not only
anciently called, Saturnian hill. It is impossible to  were they considered as secure merely by virtue of
say what is the historical value or meaning of this  their calling, but such confidence was placed in
legend; we may, however, notice its conformity  them, that sometimes business was transacted with
with the statement that Rome was founded by  them  without witnesses (Isocr. Trapez. 2), and
the Pelasgians, with whom the name of Argos was  that money and contracts of debt were deposited
connected.  (Varr. L. L. v. 45, ed.  uiiller; Ov. with them, and agreements were concluded or canzFast. iii. 791; Gell. x. 15; Niebuhr, Romn. Hist.  celled in their presence.  (Dem. c. Callip. p. 1243,
vol. i. p. 214.)                                   c. Dionysod. p. 1287.)  The great importance of
The name argei was also given to certain figures  their business is clear from the immense wealth of
thrown into the Tiber from the Sublician bridge, Pasion, whose bank produced a net annual profit
on the Ides of May in every year.  This was  of 100 minae.  (Dem. p. Phorm. p. 946.)  There
done by the pontifices, the vestals, the praetors, are, however, instances of bankers losing everyand other citizens, after the performance of the  thing they possessed, and becoming utterly bankcustomary sacrifices.  The images were thirty in  rupt. (Dem. p. Ploran. p. 959, c. Steph. i. p. 1120.)
number, made of bulrushes, and in the form  of That these bankers took a high interest when they
men (e'[&oXa aYupeilce  a, priscor:sum simnzacracviro- lent out money, scarcely needs any proof, their
s'um).  Ovid makes various suppositions to account loans on the deposits of goods are sufficient evifor the origin of this rite; we can only conjecture  dence.  (Dem. c. Nicostr. p. 1249.)  Their usual
that it was a symbolical offering to propitiate the  interest was 36 per cent., an interest that scarcely
gods, and that the number was a representative  occurs any where except in cases of money lent on
either of the thirty patrician curiae at Rome, or  bottomry.  The only instance of a bank recognized
perhaps of the thirty Latin townships.  Dionysius  and conducted on behalf of the state occurs at
of Halicarnassus states (i. 19, 38) that the custom   Byzantium, where at one time it was let by the
continued to his times, and was instituted by Her- republic to capitalists to farm.  (Arist. Oecon. ii.
cules to satisfy the scruples of the natives when  p. 283; comp. Bbckh, Publ. Econosn. of Athens,
he abolished the human sacrifices formerly made  p. 126, &c. 2d edit.)
to Saturn. (Varr. L. L. vii. 44; Ov. Fast. v. 621;    2. ROMAN. The Ar4entarii at Rome were also
Plut. Quaest. Ronm. p. 102, Reiske; Arnold, Rorm. called arsenteae mensae exercitores, aryenti disHlist. vol. i. p. 67; Bunsen and Platner, Besclrei-  tractores and negotiatores stipis argentariae. (Orelli,
bu2ng Roms, vol. i. p. 688-702.)       [R. W.]  Inscript. n. 4060.)  They must be distinguished
ARGENTA'RII  (Tpanregrral), bankers  or from the 7mensarii or public bankers, though even
money changers.   1. GREEK.  The bankers at the ancients confound the terms, as the mensarii
Athens were callid TpareSi'rTa from their tabl2s  sometimes did the same kind of business as the
('rp's-(aL) at which they sat, while carrying on  argentarii, and they must also be distinguished
their business.  Public or state banks seem  to  from  the nummularii.   [MEISARIta;  NUMMUhave been a thing unknown in antiquity, though  LaRIL.]  The argentarii were private persons, who
the state must have exercised some kind of super-  carried on business on their own responsibility, and
intendence, since without it it is scarcely possible  were not in the service of the republic; but the
to conceive how persons coufid have placed such  shops or tabernae which they occupied and in
unlimited confidence in the bankers, as they are  which they transacted their business about the
known to have done at Athens.  They had their forum, were  state  property.   (Dig. 18. tit. 1.
stands or tables in the market place (Plat. Apol. s. 322; Liv. xl. 51.)  As th-ir chief business was
p. 17, Hippjr. 1lfin. p. 368), and altho!ugh the bank-  that of changing money, the argentarii probably
ing and money changing business  was mostly  existed at Rome from very early times, as the in.
carried on by tLEdTooKL, or resident siiens and freed- tercosurse of the Romans with other Italian nations
mlen, still these persons do not seem to have been  could not we'll exist without them; the first menlooked upon with any disrespct, and the business  tion, however, of their existing at Rome and
itself was not disreputable.  Their principal occu- having their shops or stalls around the forum, ocpation was that of changing mone.y at an agio  curs about B. C. 350, in the wars against the Sam(Isocrat. Trapez. 21; Delm. De fils. Leg. p. 376, nites.  (Liv. vii. 21.)  The business of the argenc. Polycl. p. 1218; Pollux, iii. 84, vii. 170); but tarii, with which that of the mensarii coincided
they frequently took money, at a moderate pre- in many points, was very varied, and comprised
miuim, from  prsons who did not like to occupy  almost every thing connected with money or merthbmselvw.s with the management of their own  cantile transactions, but it may be divided into
affairs.  Thus the father of Demosthenes, e. g., the following branches.  1. Perussutatio, or the
kept a part of his capital in the hands of bankers. exchange of foreign  coin  for Roman  coin, in
(Dem. c. Ap/hos. i. p. 816.) Thesep rsons thenlent which case a small agio (collybus) was paid to
the money with profit to others, and thus, to a  them.  (Cic. in  Verr. iii. 78.)  In later times
certain degree, obtained possession of a monopoly.  when the Romans became acquainted with the
The greater part of the capital with which they  Greek custom  of using bills of exchange, the
did business in this way, belonged to others (Dem.  Roman argentatii, e. g., received sums of money
p. P'ho/rm. p. 948), but sometimes they also em-  which had to be paid at Athens, and then drew
ployed capital of their own.  Although their sole  a bill payable at Athens by  some banker in
object was peclmiary gain (Dem. p. Phorem. p. 953), that city.  This mode of transacting business
and not by anly means to connect themselves with  is likewise called pernmutatio (Cic. ad Att. xii.
wvalthy or illustrious families, yet they acquired  24, 27, xv. 15; comp. v. 15, xi. 1, 24, ad
great credit at Athens, and formed business con- Famz. ii. 17, iii. 5, ad Quint. Frat. i. 3, p. Ranections in all tile principal towns of Greece, Iir. 14), and rendered it necessary for the argenwhereby their business was effectually supported. tarii to be acquainted with the current value of
(Del p pp.       p. 958. cO. Polyel. p. 1224.) They  the same coin in different places and at different




ARGEN TARII.                                       A RGENTARII.                  181
times.  (See the comment. on Cic. pro Quinct. 4.)  maintaining his cause, and to produce them  was
2. The keeping of sums of money for other per-  called edere (Dig. 2. tit. 13. s. 1. ~ 1), or proferre
sons.  Such money might be deposited by the  codicen, (2. tit. 13. s. 6. ~~ 7, 8).  3. Their conowner merely to save himself the trouble of keep- nection with commerce and public auctions.  This
ing it and making payments, and in this case it branch of their business seems to have been one of
was called depositum; the argentarius then paid  the most ancient.  In private sales and purchases,
no interest, and the money was called vcaceape-  they sometimes acted as agents for either party
cunica.  When a payment was to be made, the  (interpretes, Plaut. Curc. iii. 1. 61), and sometilnes
owner either told the argentarius personally or he  they undertook to sell the whole estate of a person,
drew a cheque.  (Plaut. Curcul. ii. 3. 66, &c., iii. as an inheritance.  (Dig. 5. tit. 3. s. 18, 46. tit.
66, iv. 3. 3, &c.)  Or the money was deposited on  3. s. 88.)  At public auctions they were almost
condition of the argentarins paying interest; in  invariably present, registering the articles sold,
this case the money was called credilum, and the  their prices, and purchasers, and receiving the payargentarius might of course employ the money  ment from  the purchasers.  (Cic. p. Caec. 4, 6;
himself in any lucrative manner. (Suet. Aug. 39.)  Quinctil. xi. 2; Suet. lNer. 5; Gaius, iv. 126;
The argentarius thus did almost the same sort of Capitolin. Anzton. 9.)  At auctions, however, the
business as a modern banker.  Many persons en- argentarii might transact business through their
trusted all their capital to them  (Cic. p. Caec. 6), clerks or servants, who were called couctores from
and instances in which the argentarii made pay-  their collecting the money.  4. The testing of the
mnents in the name of those whose money they had  genuineness of coins (probatio nuesmoreum).  The
in hand, are mentioned very frequently.  A pay-  frequent cases of forgery, as well as the frequent
ment made through a banker was called per men-  occurrence of foreign coins, rendered it necessary
sam, de mensa, or per mensae scripturam, while a  to have persons to decide upon their value, and the
payment made by the debtor in person was a pay- argentarii, from the nature of their occupation, were
ment ex  rcea or de dono.  (Plant. Cubrcul. v. 3. best qualified to act as probatores; hence they
7, &c., 43, Caeptiv. ii. 3. 89; Cic. ad Att. i. 9, were present in this capacity at all payments of
Top. 3; Schol. ad IIorat. Sat. ii. 3. 69; Senec. any large amount.  This, however, seems originally
Epist. 26; Gaius, iii. 131.)   An  argentarius  to have been a part of the duty of public officers,
never paid away  any  person's money without the mensarii or nummularii, until in the course of
being either authorised by him  in person- or re-  time the opinion of an argentarius also came to be
ceiving a cheque which  was called perscriptio, looked upon as decisive; and this custom  was
and the payment was then made either in cash, sanctioned by a law of Marius Gratidianus.  (Plin.
or, if the person who was to receive it, kept an  H. N. xxiii. 9; cmp. Cic. ad Att. xii.; Dig.
account with the same banker, he had it added  46. tit. 3. s. 39.)  5. The solidorum venditio, that
in the banker's book to his own deposit. This was  is, the obligation of purchasing from the maint the
likewise calledperscribere or simply scribere. (Plaut. newly coined money, and circulating it among the
Asin. ii. 4. 30, &c., Curtul. v. 2. 20; Donat. ad  people.  This branch of their functions occurs only
Terent. P/orlm. v. 7. 28, &c., ad Adelph. ii. 4. 13; under the empire.  (Symmach. Epist. ix. 49;
Cic. ad Altt. iv. 18, ix. 12, xii. 51, Philip. v. 4, Procop. Anecd. 25; comp. Salmasius, De Usur. c.
in Verr. v. 19; Horat. Sat. ii. 3. 76.)  It alsooc-  17. p. 504.)
curs that argentarii made payments for persons who    Although the argentarii were not in the service
had not deposited any money with them; this  of the state, they existed only in a limited number,
was equivalent to lending money, which in fact and formed a collegium, which was divided into
they often did for a certain per centage of interest. societates or corporations, which alone had the right
(Plaut. Clire. iv. 1. 19, 2. 22, True. i. 1. 51, &c., to admit new members of their guild.  (Orelli,
Epid. i. 2. 40; Tac. Ann. vi. 17.)  Of all this  Inscript. n. 913, 995.)  It appears that no olne
business, of the receipts as well as of the expen- but free men could become members of such a corditure, the argentarii kept accurate accounts in  poration, and whenever slaves are mentioned as
books called codices, tcabulae or rationes (Plin. II. N. argentarii, they must be conceived as acting only
ii. 7), and there is every reason for believing that as servants, and in the name of their lmasters, who
they were acquainted with what is called in book- remained the responsible parties even if slaves had
keeping double entry.  tWhen an argentarius set- transacted business with their own peculiim. (Dig.
tled his accounts with persons with whom he did  2. tit. 13. s. 4. ~ 3, 14. tit. 3. s. 19.)  With regard
business, it was done either in writing or orally, to the legal relation among the members of the
both parties meetilng for t~he p~urpose  (Dig. 2. corporations, there existed various regulations; one
tit. 14. s. 47. ~ 1,  14. tit. 3. s. 20; Plaut. Au-       (socius),  o  example, was respousihle for
iEl. iii. 5. 53, &c.), and the party found to be in  the other.  (Auct. ad Heretun. ii. 13; Dig. 2. tit.
debt paid what he owed, and then had his name  14. ss. 9, 25, 27.)  They also enjoyed several
effaced (nomnen epedire or ezpuygere)  from  the  privileges in the time of the empire, and Justinian,
banker's books.  (Plaut. Cist. i. 3. 41; Cic. ad  a particular patron of the argenltarii, greatly inAtt. xvi. 6.)  As the books of the argentarii were  creased these privileges (Justin. Nov. 13.6); hut
generally kept with great accuracy,  mnd particu-  dishonest argentarii were always severely punished
larly in regard to dates, they weri looked upon as  (Suet. Galb. 10; Auson. Epiyr. 15), and in the
documents of high authority, and were appealed  time of the enmperors, they were under the superto in the courts o' justice as unexceptionable evi-  intendence of the praefectus urbi. (Dig. 1. tit. 12.
denuce.  (Cic. p. Caec. 6; Gellius, xiv. 2.) Hence  s. 1. ~ 9.)
the argenltarii were often concerned in civil cases,    As regards the respectability of the argentarii,
as money transactions were rarely concluded with- the passages of the ancients seem to contradict one
out their influence or co-operation.  Their codices  another, for some writers speak of their occpation
or tabulae could not be withheld from  a person  as respectable and honourable (Cic. p. Caee. 4;
who in court referred to them for the purpose of Aurel. Vict. 72; Suet. VesP. 1; Acron. ad Horat.
2




1.32            ARG I;N.IT Um.                                      ARGEN'TU M.
Sat. i. 6. 86), while others speak of them  with  from the East, the Romans no doubt obtained most
contempt (Plaut. Cure. iv. 2. 20, Casih. Prol. 25, of their silver as an article of commerce.  But
&c.; Trcucel. i. 1. 47); but this contradiction may  when first Spain and then Greece, Asia Minor,
be easily reconciled by distinguishing between a  -and  Syria, were brought beneath the Roman
lowver and a higher class of argentarii.  A wealthy  power, they obtained that abundant supply both
argentariuns who carried on business on a large  of silver and gold which formed the instrument of
scale, was undoubtedly as much a person of re- the extravagance and luxury of the later republic
spectability as a banker in modern times; but and the empire.  " The value of the precious
others who did business only on a small scale, metals did not, however, fall in proportion to their
or degraded their calling by acting as usurers, can- increase, as large quantities, wrought for works of
not have been held in any esteem.  It has already  art, were taken out of circulation." (Bickh.)
been observed that the argentarii had their shops    The relative value of gold and silver differed
round the forum (Liv. ix. 40, xxvi. 11, 27; Plaut. considerably at different periods in Greek and
Trueic. i1. 51; Terent. Pheorsn. v. 8. 28, Adelph.  Roman history.  Herodotus mentions it (iii. 95)
ii. 4. 13); hence to become bankrupt, was expressed  as 13 to 1; Plato (Hipp. c. 6. p. 231), as 12 to 1;
by./bro cedere, or abire, or foreo meryi.  (Plaut. Menander (ap. Polltlc. ix. 76), as 10 to; and
Epicd. i. 2. 16; Dig. 16. tit. 3. s. 7. ~ 2.)   The  Livy (xxxviii. 11), as 10 to 1., about B. c. 189.
shops or booths were public property, and built by  According to Suetonius (Jul. Caes. 54), Julius
the censors, who sold the use of them to the argen-  Caesar, on one occasion, exchanged silver for gold
tarii.  (Liv. xxxix. 44, xl. 51, xli. 27, xliv. 16; in the proportion of 9 to 1; but the most usual
romp. J. G. Sieber, Disserlat. de A.rqenlariis, Lip-  proportion under the early Roman emperors was
siae, 1737; H. Hubert, Disput. jzridicae III. de  about 12 to 1; and from  Constantine to Justinian
lrgentaria veterunm, Trzaject. 1739; W. T. Kraut, about 14 to 1, or 15 to 1.  The proportion in moDe  Argcsntariis  et  Numls72ulariis,  Gittingen, dern times, since the discovery of the American
1826.)                                 [L. S.]    mines, has vauried between 17 to 1 and 14 to 1.
ARGENTUM (ipyuvpos), silver,.one of the two    Silver AMines and Ores.-  In the earliest times
metals which, on account of.their beauty, their du-  the Greeks obtained their silver chiefly as an
rahility, their density, and their rarity, have been  article of commerce from the Phocaeans and the
esteemed in all civilised countries,, and inall ages, as  Sanians; but they soon began.to work the rich mines
precious, and which have, on account of the above  of their own country and its islands.  The chief
qualities and the facility of working them, been used  mines were in Siphnos. Thessaly, and Attica.  In
for money. The ancients were acquainted with silver  the last named country, the silver mines of Laurion
fiom the earliest known periods. (Pliny ascribes its  furnished a most abundant supply, and were genediscovery to Erichthonius or to Aeacus, Ht. N. vii. rally regarded as the chief source of the wealth of
56. s. 57.)  It is constantly mentioned in Homer;  Athens.  We learn from  Xenophon (Vectig. iv.
but in a manner which proves that it was com-  2), that these mines had been worked in remote
paratively scarce.  It was much more abundant in  antiquity; and Xenophon speaks of them as if he
Asia than in Greece Proper, where there were not considered them  inexhaustible.  In the time of
many silver mines.  The accounts we have of the  Demosthenes, however, the profit arising from
revenues of the early Lydian and Persian kings, them had greatly diminished.; and in the second
and of the presents of someofethem, such as Gyges  century of the Christian erta they were no longer
and Croesus, to Pytho and other shrines,'prove  worked. (Paus. i. 1. ~ 1.)  The Romans obtained
the great abundance of both the precious metals in  most of their silver from  the very rich mines of
Western Asia.  Of this wealth, however, a very  Spain, which had been previously worked by the
large proportion was laid up in the royal and  Phoenicians and Carthaginians, and which, though
sacred treasuries, both in Asia and inGreece. But abandoned for those of Mexico, are still not exin time, and chiefly by the effects of wars, these  hausted.  The ore from which the silver was obaccumulations were dispersed, and the precious  tained was called silver eartlh  (apy/vpTrs 7y, or
metals became commoner and cheaper throughout simply &apyiprLsr, Xen. Vectig. i. 5, iv. 2).  The
Greece.  Thus, the spoils of the Asiatics in the  same term (terra) was also applied to the ore by
Persian wars, and the payment of Greek merce- the Romans.
S;ari s by the Persian kings, the expenditure of    A full account of all that is known respecting
Pericles on war and works of art, the plunder of the ores of silver known to the ancients, their
the temple of Delphi by the Phocians, the military  mining operations, and their processes for the reexpenses and wholesale bribery of Philip, and, duction of the ores, is given by Bickh. (Disserta-.ibove all. the conquests of Alexander, caused a  lion on the Silver Mines of'Laurion, ~~ 3, 4, 5.)
vast increase in the amount of silver and gold in    Uses of Silver. -  By far the most important use
actual circulation.  The accounts -we have of the  of silver among  the Greeks was for money.  It
treasures possessed by the successors of Alexander  was originally the universal currency in Greece.
would be almost incredible if they were not per-  Mr. Knight, however, maintains (Prol. Hoem.) that
fectly well attested.                              gold was coined first because it was the more
It was:about this time also that the riches of readily found, and the more easily worked; but
the East.begal to be familiar to the Romans,  there are sufficient reasons for believing that, unamong whom  the precious metals were, in early  til some time after the end of the Peloponnesian
times, extremely rare.  Very little of them  was  war, the Athenians had no gold currency.  [Aufound in Italy; and though Cisalpine Gaul fur-  RUM.]  It may be remarked here that all the
nished some gold, which was.carried -down by the  words connected with money are derived from
Alpine torrenlts, it contained but a very small pro-  Cipyupos, and not from  Xpures, as rca-rapyvspo,
portion of silver.  The silver mines of Spain had  "to bribe with money;" &pyvpaiom~Ls, "a moneybeen wrought by the Carthaginians at a very  changer," &c.; and  pUyvpos is itself not unfresarly period; and from  this source, as well.s quently used to signify money i general (Sop




ARGIAS GRAPHIE.                                           ARIES.                   13S
Antlg. 295), as aes is in Latin.  At Rome, on the  it.  (Val. Max. ii. 6; Platner, Process. ii. p. 150,
contrary, silver was not coined till B. C. 269, before  &c.; Meier lnd Schoemann, Alt. Proc. pp. 193,
which period Greek silver was in circlslation at  298, &c.; B]ickh, Publ. Ecoaz. p. 475, 2d edit.)
Rome; and the principal silver coin of the Ro-  According to, Aelian (Y. II. iv. 1), a similar law
mans, the denseriscs, was borrowed from the Greek  existed also at Sardes.                 [L. S.]
drachmoa.  For further details respecting silver    ARGU'RIOU DIKE' (&pyvupoev bRcy), a civil
money, see NuMMus, DENARIus, DRACrHMA.             suit of the class 7rp4s Tr'a, and within the jurisFrom  a very early period, silver was used also  diction of the thesmothetae, to compel the defendin works of art.  Its employment for ornamenting  ant to pay monies in his possession, or for which
arms, so often referred to by Homer, belongs to  he was liable, to the plaintiff.  This action is
this head.  The use of it for mere purposes of casually alluded to in two speeches of Demosluxury and ostentation, as in plate, seems to have  thenes (in Boeot. p. 1002, in Olymnpiodor. p. 1179),
become generally prevalent about the close of the  and is treated of at large in the speech against
Peloponnesian wars (Athen. vi. p. 229, f.), but Callippus.                             [J. S. M.]
much more so from  the time of Alexander, after    ARGYRAISPIDES (apyovp'oe7riers), a division
which it becomes so comnlon as hardly to need  of the Macedonian army of Alexander the Great,
any proof or illustration,-more common. indeed  who were so called because they carried shields
than with us. (Cic. in Verr. iv. 21.)  The Ro-  covered with silver plates.  They  were picked
mans distinguished between plain and chased silver men, and were commanded by Nicanor, the son of
vessels by calling the former pzora or levia (Plin. Parmenion, and were held in high honour by
Ep. iii. I; Juv. ix. 141, xiv. 62; Mart. iv. 38), Alexander.  After the death of Alexander they
and the latter caelata, asl.era, or toreuzeata. [CAn-  followed Eumenes, but afterwards they deserted to
LATURA; TOltEUTICE.]                               Antigonus, and delivered  Eumenes up to him.
The chief ancient authorities respecting silver, Antigonus, however, soon broke up the corps, findas well s gold, are the 3d, 4th. and 5th books of ing it too turbulent to manage.  (Diod. xvii. 57,
Strabo, the 5th of Diodorus, especially cc. 27 and  58, 59, xviii. 63, xix. 12, 41, 43, 418; Justin. xii.
36, and the 33d of Pliny, from c. 6. s. 31; of mo-  7; Curtius,.iv. 13 ~ 27; Plutarch, Eznenz. 13,&c.;
dern works the most important are Bbckh's Pzublic  Droysen, N-czcfblg. Ale. passirn.)  TheGreek kings
Econo7ny of Athens, Bk. i. cc. 1-3, with the sup-  of Syria seem to have had a corps of the same name
plementary Dissertation  on tIke Silver JMiines of in their army: Livy mentions them  as the royal
Laueion, and Jacob's History of the Precious Mlie-  cohort in the army of Antiochus the Great. (Liv.
tals.                                  [P. S.]    xxxvii. 40; Polyb. v. 79.)  The Emperor AlexA'RGIAS GRAPHE' (&apyLas yp a), that is, ander Severus, among other things in which he
an action for idleness. Vagrants and idlers were  imitated Alexander the Great, had in his army
not tolerated at Athens from very early times, and  bodies of men who were called earyroaspides and
every person was obliged to be able to state by  clhrysoaspides. (Lamprid. Alex. Sev. 50.) [P. S.]
what neans he supportede himself.  (Herod. ii.    ARGYROCOPEION   (ahpyvupVomre7ov),  the
77; Diod. i. 77.)  According to some (Plut. place where money was coined, the mint, at Athens.
Sol. 37, Pollux, viii. 42), even Draco had enacted  It appears to have been in or acdjoining to the
laws against idleness, while, according to others, chapel (.';pr.ov) of a hero named Stephanephoriis,
Solon, in his legislation, borrowed these laws from  in which were kept the standard weights for the
the Egyptians, and others again state that Peisis-  coins, just as at Rome in. the sanctuary of Juno
tratus was the first who introduced them at Athens. Moneta.  [MONETA.]  (Pollutx, vii. 103; Har(Plut. Sol. 31.)  In accordance with this law, pocrat.; Suid..; Bdckh, Cop.l.scr. l  vol. i. p. 164,
which is called a&pyla Vo;'kos, all poor people were  and the explhnation of that inscription in his
obliged to signify that they were carrying on some  Puiblic l'conony of Atllens, p. 144, 2Id ed.; comp.
honourable business by which they gained their  TALENTVAI.)                                [P. S.]
livelihood (])em. c. Eubul. p. 13081; I.soclat. Areo-    ARIADNEIA (a&pLiaema), festivals solemnized
Zxiq. 17; Dionys. xx. 2); and if a person by his  in the island of Naxos in honour of Ariadne, who,
idleness injured. his family, an action might be  according to on.. tradition, had died here a natural
brought against him  before the archon eponymus  death, and was honoured with sacrifices, accomrnot only by a member of his family, but by any  panied by rejoicing and. merriment.  (PlIt. Thles.
one who chose to do so.  (Lexic. Seguer. p. 310.)  20.)  Ainoth.r festival of the same name was
At the time when the Areiopagus was still in the  c lebrated in honour of Axiadne in. Cyprus, which
full possession of its powers, the archon seems to  was said to have been instituted by Theseus in
have laid the charge before the court of the Areio-  commemoration of her death in. the month of Gorpagus.  If the action was brought against a person  piaeus.  The Amathus-ans called the grove in
for the first time, a fine might be inflicted on him, which the grave of Ariadine was shown, that of
and if he was focmd gulilty a second or third time,  Aphrodite-Ariadne.  This is the account given by
he might be punished with &rTia.  (Pollux, viii.  Plutarch (Thles. 20) from  Paeon, an Amathusian
42.)  Draco had ordained atimia as the penalty  writer. (Comp. C. F. Hermann, Lehrb. des Gotteseven for the first conviction of idleness.  (Plut., diensfl. Alterthiibner, ~ 65. n. 12.):  [L. S.]
Poll. II. cc.)  This law was modified by Solon,    A'RIES (cpLos), the battering-ram, was used to
who inflicted atimia only when a person was con-  shake, perforate, and batter down the- walls of bevicted a third time, and it is doubtful as to whe-  sieged cities.  It consisted of a large beam, made
ther in later times the atimia was inflicted at all of the trunk of a tree, especially of a fir or an ash.
for idleness.  As the Arciopagus was entrusted  To one end was fastened a, mass of bronze or iron
with the general superintendence of the moral con-  (Kca,   iUGOA, o  rporoet ), which, resembled in
duct of citizens, it is probable that it might inter-  its form the head of a ram.  The upper figure it
fere in cases of &pyTa, even when no one came for- the annexed woodcut is taken from the bas-reliefs
ward to bring an action against a person guilty of on the column of Trajan at Rome., It shows the
K3




134           ARISTOCRATIA.                                       AIlISTOCRATIA.
aries ill its simplest state, and as it was borne and I existing along with a class personally free, and
impelled by human hands, without other assistance. possessed of civil rights, but excluded from  the
In an improved form, the ram was surrounded with  exercise of the highest political functions) the goiron bands, to which rings were attached for the  vernment of a class whose supremacy was founded
purpose of suspending it by ropes or chains from a  not on wealth merely, but on personal distinction
beam  fixed transversely- over it.  See the lower (i7rov 1j /os'vv  7rXovTruvS77, aAXa iral apploL-riv
figure in the woodcut.  By this contrivance the  apporuvram ras  &pXas, Aristot. Pol. iv. 5. p. 127,
soldiers were relieved from the necessity of sup- ed. Gittl.'H apioToKpaTLa 30fAe-am',v n7rEpox;z'
porting the weight of the ram, and they could with  a&rov4tel, Troo7s apliarots  rv 7roAXLrcV, Ibid. p.
ease give it a rapid and forcible motion backwards  128 ).  That there should be an aristocracy, moreand forwards.                                      over, it was essential that the administration of
affairs should be conducted with a view to the
promotion of the general interests, not for the exelusive or predominant advantage of the privileged
4J),.   ~   class. (Aristot. Pol. iii. 5, p. 83, ed. GOttl.; Plat.
J  Polit. p. 301, a.)  As soon as the government:  ceased to be thus conducted, or whenever the only
i   title to political power in the dominant class was the,l~ —~-~                                     i!; \\kx1 \'tl~it  1!  e   possession of superior wealth, the constitution was
termed an oligarchy (oiAryapXia), which, in the
technical use of the term, was always looked upon
as a corruption (7rap~ao'esas, Aristot. Poi. iii. 5.
p. 84, ed. Gbtti.) of an aristocracy. (Comp. Plat.
1. c.; Arist. Pol. iv. 3. pp. 117, 11, ed. Gbttl. iv. 6,
aplsrroKpaTrtas yap opos apeT'-r, OAhyapXias E 7rAoior ost.)  In the practical application of the term aristocracy, however, the personal excellence which was
held to be a necessary element was not of a higher
f l i n t  l    kind than what, according to the deeply-seated
ideas of the Greeks, was commonly hereditary in
The use of this machine was further aided by  families of noble birth (Plat. Milenex. p. 237, a.,
placing the frame in which it was suspended upon  Cratyl. p. 394, a.; Aristot. Poi. iv. 6, ij y&p Eswheels, and also by constructing over it a wooden  yE'VEld fO-TlV apxaos irAo'os ical &pesr. v. 1,
roof, so as to form a " testudo " (XeAhvrl KtpolOppOS, e  eevY5t yap ei'an &OKOO'IYV OlS v7rdpXEL rpoydveov
Appian, Bell. Mlith. 73; testudo arietariae, Vitruv. x. apesri Kal 7rAoros), and in early times would
1.9), which protected the besieging party from the  be the ordinary accompaniments of noble rank,
defensive assaults of the besieged.  Josephus, who  namely, wealth, military skill, and superior edugives a description of the machine (B. J. iii. 7. ~ 19), Cation and intelligence (comp. Aristot. Pol. iv. 6,
adds, that there was no tower so strong, no wall sELdOaorc KarXev'..... &porocgarias as 8a irb  F2iiaXov
so thick, as to resist the force of this machine, if &aoAovOeYv 7ralreiav  eal ebuyEv'eav TroSs el7vropTreits blo\ws were continued long enouogh.  The beam  pots).  It is to be noted that the word SplioToof the aries was often of great length, e. g. 80, 100,  cpa'ria is never, like the English term aristocracy,
or even 120 feet.  The design of this was both to  the name of a class, but only of a particular political
act across an intervening ditch, and to enable those  constitution.
who worked the machine to remain in a position of    On tracing the historical development of ariscomparative security.  A hundred men, or even a  tocratical government, we meet with a condition
greater number, were sometimes employed to strike  of things which may almost be called by that
with the beam.                                     name in  the state of society depicted in the
The aries first became an important military  Homeric poems, where we already see the power
engine in the hands of the Macedonians, at the  of the kings limited by that of a body of princes
time of Philip and Alexander the Great, though  or nobles, such as would naturally arise in the init was known at a much earlier period. (Comp. fancy of society, especially among tribes in which,
Thuc. ii. 76.)  Vitruvius speaks (I. c.) of Polydus, from  the frequency of wars, martial skill would
a Thessalian, in the time of Philip, who greatly  be a sure and speedy method of acquiring supeimproved the machine, and his improvements were  riority.  WhenI the kingly families died out, or
carried out still further by Diades and Chaereas, were stripped of their peculiar privileges, the suwho served in the campaigns of Alexander the  preme power naturally passed into the hands of
Great.  The Romans learnt from the Greeks the  these princes or chieftains, who formed a body of
art of building these machines, and appear to have  nobles, whose descendants would of course for the
employed them for the first time to any considerable  most part inherit those natural, and be also alone in
extent in the siege of Syracuse in the second Punic  a position to secure those acquired advantages, espewar.  [YHELErPOLIS.]                               cially warlike skill, which would fornl their title
ARISTOCRA'TIA  (apmoroKepaTra)5  a  term  to political superiority.  Some aristocracies thus
in common use among Greek writers on politics, arose from the natural progress of society: others
though rarely employed by historians, or otherwise  arose from conquest.  The changes consequent on
than in connection with political theories.  It sig-  the rise of the Hellenes, and the Thessalian,
nifies literally " the government of the best men,"  Boeotian and Dorian conquests in Greece, estaand as used by Plato, Aristotle, Polybius, &c.. it  blished pretty generally a state of things in which
meant (in reference to a state where political  we find the political power in the hands of a body
power was not shared by the bulk of the commu-  of nobles consisting chiefly or entirely of the conulity, but was in the hands of a privileged class,  querors, beneath whom  is a free population not




ARMA.                                              ARMA.                    135
possessed of political rights, consisting of the older by the shield and thorax, their bodies had a
inhabitants of the land, together with, in most much slighter covering, sometimes consisting of
instances, a body of serfs attached to the domains
of the nobles.  These last are described under
various names, as Ev7rarp~1ai in Attica, or rauo'poL
as in Syracuse and several of the Doric states.
From the superior efficiency of the cavalry in early
times, we also find the nobles as a class bearing
the name'Ir7rd'rTa,'IThrErs, or'Ir'rogo'raL (as in
Chalcis, Herod. v. 77), since, generally speaking,
they alone had wealth sufficient to enable them to
equip themselves for that kind of service; and in
most states the first great advance of the commonalty in power arose from their gaining greater
efficiency as heavy-armed foot soldiers; that force,
when properly organised and armed, being found
more than a match for cavalry.  (See especially
Arist. Pol. iv. 3, 10; K. F. Hermann, Griech.
Staatsalterth. c. iii. ~~ 55-59; Wachsmuth, Hel-         1 0          1
len. Alterthuensk. vol. i. c. 3. ~~ 30, 31; Thirlwall, Hist. of Greece, vol. i. c. 10. p. 394, &c.)
Compare the articles EUPATRIDAE, GEOMORI,
PATRICIL                            [C. P. M.]
ARMA, ARMATUtRA  (67rXa, Horn.'reOa,
TevXEa), arms, armour. Homer describes in various
passages the entire suit of armour of some of his
greatest warriors, viz. of Achilles, Patroclus, Agamlemnon, Menelaus and Paris (lI. iii. 328-339,
iv. 132-138, xi. 15-45, xvi. 130-142, xix. 364
-391); and we observe that it consisted of the          
same portions which were used by the Greek soldiers
ever after.  Moreover, the order of putting them on               
is always the same.  The heavy-armed warrior,
having already a tunic around his body, and pre-  skins, and sometimes of leather or cloth; and inparing for combat, puts on,-first, his greaves (tKme- stead of the sword and lance, they commonly fought
yules, ocreae); secondly, his cuirass (rcdpar, lorica),  with darts, stones, bows and arrows, or slings.
to which belonged the,zUTrpn underneath, and the    Besides the heavy and light-armed soldiers, the
zone ((i6yvz, Cwourp, einglzumz) above; thirdly, his  67r2o?'ar, and 4lXoi[, who in general bore towards
sword (5ilpos, erisis, gladius) hung on the left side of one another the intimate relation now explained,
his body by means of a belt which passed over the  another description of men, the 7rEreTaorai,   also
right shoulder; fourthly, the large round shield  formed a part of the G-Ieek army, though we do
(aodKos, oaris, clipus, scutun), supported in the  not hear of them  in early times.  Instead of the
same manner; fifthly, his helmnet (IOpus, cvEis7, cas- large round shield, they carried a smaller one called
sis, galea); sixthly and- lastly, he took his spear the 7reiX-ra, and in other respects their armour was
(EyXos, adpu, hzasta), or, in many cmes,. two spears  much lighter than that of the hoplites. The weapon
(aoipe aroe).  The form and use of these portions  on which they principally depended was the spear.
are described in separate articles under their Latin    The Roman soldiers had different kinds of arms
names.  The annexed woodcut exhibits them all in  and armour; but an account of the arms of the
the form of a Greek warrior attired for battle, as  different kinds of troops cannot be separated from a
shown in Hope's Costume of the Ancients (i. 70).    description of the troops of a Roman army, and the
Those who were defended in the manner which  reader is therefore referred to ExERC1TUS.  We
has now been represented, are called by Homer  need only give here the figure of a Roman soldier
aoyrrOT-ral, from  their great shield (doaris); also  taken from the arch of Septimnus Severus at Rome.
a.?yXseaxos, because they fought hand to hand  On comparing it with that of the Greek hoplite in
with their adversaries; but much more commonly  the other cut, we perceive that the several parts of
7rpeouaXor because they occupied the front of the  the armour correspond, excepting only that the
army: and it is to be observed that these terms, Roman soldier wears a dagger (jdiXatpa. pcgio)
especially the last, were honourable titles1 the ex-  on his right side instead of a sword on his left, and
pense of a complete suit of annour (aarvo7rAla7, instead of grea ves upon his legs, hasfenmoralia and
Herod. i. 60) being of itself sufficient to prove the  caligae.  All the essential parts of the Roman
wealth and rank of the wearer, while his place on  heavy armour (lokic, ensis, clipeus, galea, ha/sta)
the field was no less indicative of strength and  are mentioned together in an epigram of Martial
bravery.                                           (ix. 57); and all except the spear in a well known
In later times, the heavy-armed soldiers were  passage (Eph. vi. 14-17) of St. Paul, whose enucalled  rAlrETat, because the term  7arAa more espe- meration exactly coincides with the figures' on the
cially denotedthe defensive armour, the shield and  arch of Severus, and who makes mention not only
thorax.  By wearing these they were distinguished  of greaves, but of shoes or sandals for the feet.
from  the light-armed, whom  Herodotus (ix. 62,    The soft or flexible parts of the heavy armour
63), for the reason just mentioned, calls  moarI.oL, were made of cloth or leather.  The metal princiand who are also denominated /tkxot, and -yvucsoL, pally used in their formation was that compound of
ytvV/rai, or'yuvilTEs. Instead of being defended  copper and tin  which we call bronze, or more
K 4




136               ARMILLA.                                           ARMILLA.
properly bell-metal.  [AEs.]  Hence the names  when put on, to be slightly expanded by having
for this metal (XacXds, aes) are often used to mean  their ends drawn apart from one another; and, according to their length, they went once, twice, or
thrice round the arm, or even a greater number of
times.  As they frequently exhibited the form  of
serpents, they were in such cases called snakes
(ibpeIs) by the Athenians (Hesych. s. a. 5pELS).
Twisted bracelets of the kind described above often
occur on Greek painted vases.  See the annexed
7 A > // ( ) }   - |cut from  Sir William  HIamilton's great work,
vol. ii. pl. 35.
warrior is call, d avby XaKice[i? by Homer, and lux                                    ~,~%~x  i
a~'na by Virgil. (Aen. ii. 470.) Instead of copper,
iron afterwrinds came to be very extensively used
i        n  the ma ht reufalectre of arms, al though  artis of made       
of it are much more rarely discovered, because iron                            ___
is by exposure to air and moisture exceedingly liable
to corrosion and decay.  Gold and silver, and tin    Bracelets were likewise worn at Rome by ladies
unmixed with copper, were also used, more especially to enrich and adorn the armour.   [J. Y.J    Of rank, but it was considered a mark of erfeminIacy
ARMA. RIUM, originally a place for keeping  for men in an ordinary way to use such female
ARM. RIUM   riayaplcfrepigornaments.   (Suet. Cal. 52, Nor. 30.) They were,
arms, afterwards a cupboard, set upright in the  ornaments.  (Suet. Cl l.,  er. 30.) They were,
wall of a room, in which were kept not only armsan general
but also clothes, books, money, ornaments, snlll   upon soldiers for deeds of extraordinary  merit
images and pictures, arld  other  articles of ivalue.  (Liv. x. 44; Plin. H. N. xxxiii. 2; Festus, s. v. );
The armarium was generally placed in the atrium   in which case they were worn as a mark of honour,
of the house.  (Dig. 33. tit. 10. s. 3; Cic. Pro  and probably differed in form  from the ordinary
ornaments of the kind.  See the cut below.
Gluent. 64; Petron. Sat. 29; Plin. i. NV. xxix.    The following cuts exhibit Roman bracelets.
5. s. 32, xxxv. 2.)   The divisions of a library      he followi ng cuts exhibit Romal    bracelets.
were called arna-a.c (Vitrur. Xi;.. Prec.  Vopisc.  The first figure represents a gold bracelet disweT r c alldc.  8.)  Wer r ie.  Vrei v.  vi.Pe f.;    Vopi sc.    covered  at  Rome   on  the   Palatine   M ount.    (Caylus,
T    8.)  We fid rmariu  distegu   mentioned  Ree. cl'nA t. vol. v. pl. 93.)  The rosette in the
as a kind of sepulchre in an inscription in Gruter
(p. 383. No. 4).  For other passages see Forcel- middle is composed of distinct and very delicate
lini, s. N.      FP.  cl-  leaves.  The two starlike flowers on each side of
ARMIL~n      (44AtoV, [e.]ov, or *eAAov, X       it have been repeated where the holes for securing
them are still visible. The second figure represents
c,, &)ipto aL), a bracelet or armlet, worn both by
men and women.  It was a favourite ornament of
the Medes and Persians (Herod. viii. 113, ix. 80;
Xen. Anasu. i. 2. ~ 27); and in Europe was also                                 _
worn by the Gauls and Sabines.  (Gell. ix. 13 *
Liv. i.  1.)  Bracelets do not appear to have been
worn among the Greeks by the amale sex, but Greek
ladies had bracelets of various materials, shapes,
and styles of ornament.  The bracelet was sometimes called MopLyssT-p (from  oip-yycw), in Latin
spintlmer or spinter (Planut. Menaech. iii. 3), which    m 
derived its name from its keeping its place by compressing the arm of the wearer. Bracelets seem to
have been frequently made without having their
ends joined; they werethen curved, so as to require, 




ARRA.                                             ARTABA.                    13/
a gold bracelet found in Britain, and preserved in  of money which a purchaser of land in England
the British Museum. It appears to be made of two  generally pays, according to the conditions of sale,
on contracting for his purchase; and the earnest
money sometimes paid on a sale of moveable
things.
The term  arrha, in its general sense of an evidence of agreement, was also used on other occasions, as in the case of betrothment (sponsalia).
[MIATRlslONIUM.]   Sometimes the word arrha is
used as synonymous with pignus (Terent. feastont.
iii. 3. 42), but this is not the legal meaning of
the term.  (Thibaut, Systein des Pandekten-Rechts,
~144; Ilst. iii. tit. 23; Dig. 18. tit. I. s. 35; tit. 3.. 6; 14. tit. 3. s. 5. ~ 15; 19. tit. 1. s. 11. ~ 6;
Cod. 4. tit. 21. s. 17; Gellius, xvii. 2; compare
Bracton, ii. c. 27, De acqulireado Reroe Donlinio in causa Elptiionis, and what he says on the
gold wires twisted together, and the mode of fas- arrha, with the passage in Gaius already referred
tening it upon the arm, by a clasp, is worthy of ob- to.)                                 [G. L.]
servation. It has evidently been a lady's ornament.    ARRHEPHO'IRIA  (ap        psJpta),  a  festival
The third figure represents an armilla, which must which, according to the various ways in which the
have been intended as a reward for soldiers, for it nanie is written (for we find epoeqbpla or'oeilfdpia)
would be ridiculous to suppose such a massive or-  is attributed to different deities.  The first forln is
nament to have been designed for women.  The  derived from ap35-rta, and thus would indicate a
original, of pure gold, is more than twice the  festival at which mysterious things were carried
length of the figure, and was found in Cheshire. about.  The other name would point to Erse or
(ArchAaeologia, xxvii. 400.)                       Herse, a daughter of Cecrops, and whose worship
ARMILU'STRIUM, a Roman festival for the  was intimately connected with that of Athena.
purification of arms.  It was celebrated every year  And there is, indeed, sufficient ground for believon the 14th before the calends of November (Oct.  ing that the festival was solemnized, in a higher
19), when the citizens assembled in arms and  sense, in honour of Athena. (Etoy. ol ag. S. v.
offered sacrifices in the place called Armilustrum,'A-PPq.pbpoi.) It was held at Athens, in the month
or Vicus Armilustri, in the 13th region of the city. of Skirophorion. Four girls, of between seven and
(Festus, s. v.; Varro, De Ling. Lat. iv. 32, v. 3;  eleven years (&appd7 pol, Eipopdpot, EpdpoPi:
Liv. xxvii. 37; P. Vict. De Regionibus U. R.;  Aristoph. 1,ysist. 642), were selected every year
Inscrip. in Griuter, p. 250.)          [P. S.]    by the king archon from  the most distinguished
ARIRA, A'RRABO, orARRIA,A'RRH-ABO,  families, two of whom superintended the weaviing
Gains (iii. 139.) says: " What is given as arra, is  of the sacred peplus of Athena, which was b gun
a proof of a contract of buying and selling;" but on the last day of Pyanepsion (Siuid. s. v. XaAit also has a more general signification. That thing  ic7a); the two others had to carry the mysterious
was called arrha which one contracting party gave  and sacred vessels of the goddess.  These latter
to another, whether it was a sum of money or any  remained a whole year oil the Acropolis, either in
thing else, as an evidence of the contract of sale  the Parthenon or some adjoining building (Ilarbeing made: it was no essential part of the con-  pocrat. s. v. Aei7rvofdpos: Paus. i. 27. ~ 4); and
tract of buying and selling, but only evidence of when the festival commenced, the priestess of the
agreement as to price. (Gains, Dig. 18. tit. 1. s. 35). goddess placed vessels upon their heads, the conAn arrha might be given before the completion  tents of which were neither known to them nor to
of a contract, when the agreement was that some  the priestess.  With these they descended to a
formal instrument in writing should be made, natural grotto within the district of Aphrodite in
before the contract should be considered perfict. the gardens.  Here they deposited the sacred yesIf he who gave the arrha refused to perfect the  sels, and carried back something else, which was
contract, he forfeited it: if he who had received  covered and likewise unknown to them.  After
the arrha, refused to perfect the contract, he was  this the girls were dismissed, and others were
obliged-to return double the amount of the arrha. If chosen to supply their place in the acropolis.  The
the arrha was given as evidence of a contract abso-  girls wore white robes adorned with gold, which
lutely made, it was evidence of the unalterable  were left for the goddess; and a peculiar kind of
ob.ligation of the contract, which neither party  cakes was baked for them. To cover the expenses of
alone could rescind; unless the arrha was ex-  the festival, a peculiar liturgy was established, called
pressly given to provide for the case of either  adI,7ipopia.  All other details concerning this fesparty changing his mind, on the condition that if tival are unknown. (Comp. C. F. Hermann, Le/lsb.
the giver receded from his bargain, he should for- der gottesdienstl. Alterlt. ~ G1. n. 9.)    [L. S.]
feit the arrha, and if the receiver receded from     ARROGA'TIO.  [ADOPTIO.]
his bargain, he should forfeit double its value.    AIRTABA  (&pTCrci), a Persian measure of
When the contract was completely performed, in  capacity, principally used as a corn-measure, which
all cases where the arrha was money, it was re-  contained, according to Herodotus (i. 192), 1 mestored, or taken as part of the price, unless special dimnus and 3 choenices (Attic), i.e. 51 choenices
customs determined otherwise; when the arrha -=102 Roman sextarii= 127 gallons nearly; but,
was a ring or any other thing, not money, it was  according to Suidas, Hesychius, Polyaenus (Strat.
restored.  The recovery of the arrha was by a  iv. 3, 32), and Epiphanius (Pond. 24) only 1
personal action.                                   Attic medimnus =96 sextarii  12 gallons nearly:
The arrha in some respects resemlbles the deposit the latter is, howev-er, only an approximate value,




138        ARVALES FRATRES.                                 ARVALES FRATtRES.
There was an Egyptian measure of the same name, reason tor the supposition of Niebuhr (Rom.  Hist.
of which there were two sorts, the old and the new  vol. i. p. 303), that these colleges corresponded one
artaba. (Didymus, c. 19.) The old artaba con- to the other - the Fratres Arvales being connected
tained 41 Roman modii = 72 sextarii = 9 gallons  with the Latin, and the Sodales Titii with the
nearly, according to most writers; but Galen  Sabine, element of the Roman state, just as there
(c. 5) makes it exactly 5 modii.  It was about were two colleges of the Luperci, namely, the Pabii
equal to the Attic metretes; and it was half of and the Quinctilii, the former of whom seem to
the Ptolemaic medimnus, which was to the Attic  have belonged to the Sabines.
medimnus as 3: 2.  The later and more common    The office of the fratres arvales was for life,
Egyptian arbata contained 3- modii =  53~ sex- and was not taken away even from an exile ol
tarii = 64 gallons about,which is so nearly the half captive.  They wore, as a badge of office, a chaplet
of the Persian, that we may fairly suppose that in  of ears of corn (spicea corona) fastened on their
reality it was the half.  It was equal to the  heads with a white band. (Plin. H..7V. xviii. 2.)
Olympic cubic foot.  (Rhemn. Fann. Carmen de  The number given by inscriptions varies, but it is
Pond. et Mens. v. 89, 90; Hieron. Ad Ezech. 5; never more than nine; though, according to the
Bbckh, illetrolog. Ulntersuch. pp. 242, &c., 285; legend and general belief, it amounted to twelve.
Publ. Econ. of'Ath. p. 93, 2nd ed.; Wurm, De  One of their annual duties was to celebrate a three
Pond., &c. p. 133.)                   [P. S.]    days' festival in honour of Dea Dia, supposed to be
ARTEMI'SIA (' pTE/L'tLa), one ofthegreatfes-  Ceres, sometimes held on the xvi., xIv., and xsI.,
tivals celebrated in honour of Artemis ill various  sometimes on the VI., Iv., and IIs. Kal. Jun., i. e.
parts of Greece, in the spring of the year. We fint it,on the 17th, 19th, and 20th, or the 27th, 29th,
mentioned at Syracuse in honour of Artemis Po- and 30th of May.  Of this the master of the
tamia and Soteria. (Pind. Pyth. ii. 12.)  It lasted  college, appointed annually, gave public notice
three days, which were principally spent in feasting  (indicebat) from  the temple of Concord on the
and amusements. (Liv. xxv. 23; Plut. Marcell. capitol.  On the first and last of these days, the
18.) Bread was offered to her under the name of college met at the house of their president, to make
AoXla. (Hesych. s. v.) But these festivals occur in  offerings to the Dea Dia; on the second they asmany other places in Greece, as at Delphi, where, sembled in the grove of the same goddess, about
according to Hegesander (Athen. vii. p. 325), they  five miles south of Rome, and there offered sacrioffered to the goddess a mnllet on this occasion; fices for the fertility of the earth.  An account of
because it appeared to hunt and kill the sea-hare, the different ceremonies of this festival is preserved
and thus bore some resemblance to Artemis, the  in an inscription, which was written in the first
goddess of hunting.  The same name was given to  year of the Emperor Elagabalus (A. D. 218), who
the festivals of Artemis in Cyrene and Ephesus, was elected a member of the college under the
though in the latter place the goddess was not the  name of M. Aurelius Antoninus Pius Felix.  The
Grecian Artemis, but a deity of Eastern origin. same inscription contains a hymn, which appears
(Dionys. iv. 25; Achill. Tat. vi. 4, vii. 12, viii. to have been sung at the festival from the most
17; Xenoph. Ephes. i. 2.)             [L. S.]    ancient times.  (Marini, Atti e Monumenti degli
ARU;RA (apovpa), a Greek measure of surface. Arvali, tab. xli.; Orelli, Cosyp. Inscrip. nr. 2270 
which would appear, from its name, to have been  Klausen, De Carmine  Fratrum Arvalium.)
originally the chief land-measure, It was, accord-    Besides this festival of the Dea Dia, the fratres
ing to Suidas, the fourth part of the 7rXe'Opov. arvales were required on various occasions, under
The 7rX'Opov, as a measure of length, contained  the emperors, to make vows and offer up thanks100 Greek feet; its square therefore =10,000  givings, an enumeration of which is given in Forfeet, and therefore the arura =2500 Greek square  cellini. (Lex. s. v.) Strabo, indeed (v. 3), informs
feet, or the square of 50 feet.                  us that, in the reign of Tiberius, these priests
Herodotus (ii. 168) mentions a measure of the  (iepoluvo'coves) performed sacrifices called the Amsame name, but apparently of a different size. He  barvalia at various places on the borders of the
says that it is a hundred Egyptian cubits in every  ager Romanus, or original territory of Rome; and
direction.   Now  the Egyptian cubit contained  amongst others, at Festi, a place between five and
nearly 17- inches (Hussey, Ancient Weights, &c. six miles from the city, in the direction of Alba.
p. 237); therefore the square of 100 x 173 inches  There is no boldness in supposing that this was a
i.e. nearly 148 feet, gives approximately the num- custom handed down from time immemorial, and,
ber of square feet (English) in the arura, viz. moreover, that it was a duty of this priesthood to
21,904.  (~Wurm, De Pond. &c. p. 94.) [P. S.]  invoke a blessing on the whole territory of Rome.
ARUSPEX.  [HzAnUSPEX.]                         It is proved by inscriptions that this college exARVA'LES FRATRES.  The fratres arvales  isted till the reign of the Emperor Gordian, or A. D.
formed a college or company of twelve in number, 325, and it is probable that it was not abolished
and were so called, according to Varro (De Ling. till A. D. 400, together with the other colleges of
Lat. v. 85, Miiller), from  offering public sacri- the Pagan priesthoods.
fices for the fertility of the fields.  That they were    The private ambarvalia were  certainly of a
of extreme antiquity is proved by the legend which  different nature from those mentioned by S trabo,
refers their institution to Romulus, of whom it is and were so called from the victim (hostia ambarsaid, that when his nurse Acca Laurentia lost one of valis) that was slain on the occasion being led three
her twelve sons, he allowed himself to be adopted  times round the cornfields, before the sickle was
by her in his place, and called himself and the  put to the corn.  This victim was accompanied by
remaining eleven" Fratres Arvales."  (Gell. vi. 7.) a crowd of merry-makers (chorus et sociz), the
We also find a college called the Sodales Titii, and  reapers and farm-servants dancing and singing, as
as the latter were confessedly of Sabine origin, and  they marched along, the praises of Ceres, and'
instituted for the purpose of keeping up the Sabine  praying for her favour and presence, while they
religious rites (Tac. Ann. i. 53), there is some  offered her the libations of milk, haneyj and wine.




AS.                                              As.                   139
(Virg. Grorg. i. 338.) This ceremony was also called  bably derived from  Etruria.  (Niebuhr, Hisf. of
a lustratio (Virg. Ecl. v. 83), or purification; and  Rome, vol. i. p. 457, 3d ed.; Abeken, Mittetfor a beautiful description of the holiday, and the  Italien, pp. 284, 326.)
prayers and vows made on the occasion, the reader    The earliest copper coins were not struck,but cast
is referred to Tibullus (ii. 1).  It is, perhaps, in a mould. [FoRSMA.] In the collection of coins at
worth while to remark that Polybius (iv. 21. ~ 9)  the British Museum there are four ases joined touses language almost applicable to the Roman am- gether, as they were taken from the mould in which
barvalia in speakingof the Mantineans, who, he says  many were cast at once.  In most ases the edge
(specifying the occasion), made a purification, and  shows where they were severed from each other.,
carried victims round the city, and all the country.    Under the Roman empire, the right of coining
There is, however, a' still greater resemblance to  silver and gold belonged only to the emperors; but
the rites we have been describing, in the cere- the copper coinage was left to the aerarium, which
monies of the rogation or gang week of the Latin  was under the jurisdiction of the senate.  [Comp.
church.  These consisted of processions through  Nuinvsus; MONETA.]
the fields, accompanied with prayers (royationes)    The as was originally of the weight of a pound
for a blessing on the fruits of the earth, and were  of twelve ounces, whence it was called as libralis
continued during three days in Whitsun-week. in contradistinction to the reduced ases which have
The custom was abolished at the Reformation in  now to be spoken of, and which give rise to one
consequence of its abuse, and the perambulation of of the most perplexing questions in the whole
the parish boundarlies substituted in its place. range of archaeology.
(Hooker, Eccl. Pol. v. 61. 2; Wheatley, Com.    Pliny (H. N. xxxiii. 3. s. 13) informs us that
Pray. v. 20.)                        [R. W.]   in the time of the first Punic war (B. C. 264-241 ),
ARX (&irpa), signified a height within the walls  in order to meet the expenses of the state, the full
of a city, but which was never closed by a wall weight of a pound was diminished, and ases were
against the city in earlier times, and very seldom  struck of the same weight as the sextans (that is,
in later times.  The same city may have had  two ounces, or one sixth of the ancient weight);
several arces, as was the case at Rome; and hence  and that thus the republic paid off its debts, gaining
Virgil says with great propriety (Georg. ii. 535):-  five parts in six: that afterwards, in the second
"Septemque una sibi imuro circumdedit arces.    Punic war, in the dictatorship of Q. Fabius Maximus (about B. c. 217), ases of one ounce were
As, however, there was generally one principal made, and the denarius was decreed to be equal
height in the city, the word arx came to be used as  to sixteen ases, the republic thus gaining one half;
equivalent to acropolis [ACROPOLlS].  (Niebuhr, but that in military pay the denarius was always
Hist of Rome, vol. iii. note 411.)  At Rome, one  given for ten ases: and that soon after, by the
of the summits of the Capitoline hill was specially  Papirian law (about B. c. 191), ases of half an
called Arx, but which of them was so called has  ounce were made.  Festus also (s. v. Sextantarii
been a subject of great dispute among Roman topo- Asses) mentions the reduction of the as to two
graphers.  The opinion of the best modem writers  ounces at the time of the first Punic war.  There
is, that the Capitoliumn was on the northern summit, seem to have been other reductions besides those
and the Arx on the southern.  The Arx was the  mentioned by Pliny, for there exist ases, and parts
regular place at Rome for taking the auspices, and  of ases, which show that this coin was made of
was hence likewise called auguraculum, according  every number of ounces from twelve down to one,
to Paulus Diaconus, though it is more probable  besides intermediate fractions; and there are copthat the Auguraculum  was a place in the Arx. per coins of the Terentian family which show that
(Liv. i. 18, x. 7; Paul. Diac. s. v. Auguraculum; it was depressed to ~  and even - of its original
Becker, Rh2nisch. Alterth. vol. i. p. 386, &c., vol. ii. weight.  Though some of these standards may be
part i. p. 313.)                                 rejected as accidental, yet on the whole they clearly
AS, or Libra, a pound, the unit of weight prove, as Niebuhr observes (Hist. of Romae, vol. i.
among the Romnans. [LIBRA.]                      p. 461), that there must have been several reAS, the earliest denomination of money, and  ductions before the first which Pliny mentions.
the constant unit of value, in the Roman and old  Niebuhr maintains further, that these various
Italian coinages, was made of the mixed metal standards prove that Pliny's account of the reduccalled AEs.  Like other denominations of money, tions of the coin is entirely incorrect, and that
it no doubt originally signified a pound weight of these reductions took place gradually from a very
copper uncoined: this is expressly stated by Ti- early period, and were caused by a rise in the
mnaeus, who ascribes the first coinage of aes to  value of copper in comparison with silver, so that
Servius Tullius.  (Plin. IH. IV. xxxiii. 3. s. 13, the denarius was in the first Punic war really
xviii. 3; Varro, De Re Rust. ii. 1; Ovid. Fast. equal in value to only twenty ounces of copper,
v. 281.)   According to some accounts, it was and in the second Punic war to sixteen ounces, incoined from  the commencement of the city (Plin. stead of 120, which was its nominal value.  He
H. N. xxxiv. 1), or from the time of Numna (Epiph. admits, however, that the times when these reducAlens. et Pond.; Isidor. Etyem. xvi. 18); and ac- tions were resolved upon were chiefly those when
cording to others, the first coinage was attributed  the state was desirous of relieving the debtors;
to Janus or Saturn. (Macrob. Saturn. i. 7.) This  and thinks that we might assign, with tolerable
mythical statement in fact signifies, what we know  accuracy, the periods when these reductions took
also on historical evidence, that the old states of place.  On the other hand, Biickh argues that
Etruria, and of Central Italy, possessed a bronze  there is no proof of any such increase in the value
or copper coinage from the earliest times.  On  of copper, and on this and many other gIounds his
the other hand, those of Southern Italy, and  conclusion is, that all the reductions of the weight
the coast, as far as Campania, made use of silver of the as, from a pound down to two ounces, took
money.  The Roman monetary system  was pro- place during the first Punic lwar, and that they'




.  140                AS.                                                 AS.
were accompanied by a real and corresponding dimi- weighs 4000 grains: the length of the diameter in
nutlon in the value of the as.  (MAetrolor sche  rn- this and the two following cuts is half that of the
tersuckzugqen, ~ 28.)  It is impossible to give here  original coins.
even a summary of the arguments on both sides:
the remarks of Niebuhr and Bickh must thenlselves be studied.  It is by no means improbable
that there was some increase in the value of copper
during the period before the first Punic war, and
also that the fixing of the sextantal standard arose
partly out of the relation of value between copper
and the silver coinage which had been very lately
introduced.  On the other hand, it is impossible
entirely to reject Pliny's statement that the immediate object of the reductions he mentions was
the public gain.  Mr. Grote, who sides with Biickh,
remarks, that "such a proceeding has been so
nearly universal with governments, both ancient
and modern, that the contrary may be looked upon
as a remarkable exception."  (Classical Al-sseunm,
vol. i. p. 32.)
These variations make it impossible to fix any
value for the as, except with reference to some
more specific standard; and this we find in the
denarius.  Taking the value of this coin at about
18 pence [DENARIUS], the as, at the time of the
first coinage of the denarius (B..e. 269), was onetenth of this value, that is, about'85 of a penny or
3-4 farthings; and in the time of the second Punic
war, when 16 ases went to the denarius, the as was
worth about 2 f larthings. When the silver coinage
got thoroughly established, the reckoning was no    The as was divided into parts, which were
longer by ases, but by sestertii.  [SESTERTIUS.]  named according to the number of ounces they
Also, during the period or periods of reduction, contained.  They vere the dentx, dextans, dodrans,
the term aes grave, which originally signified the  bes, septuzzx, seasis, quincunx, triess, quadrans  or
old heavy coins, as opposed to the reduced ases, teruncias, sextlas, sescunx or sescunia, and unC/a,
came to mean any quantity of copper coins, of consisting respectively of 11, 1, 9, 8, 7, 6, 5, 4
whatever weight or coinage, reckoned not by tale,  3  2, l  and 1 ounces.  Of these divisions the
but by the old standard of a pound weight to the  following were represented by coins; namely, the
as; and this standard was actlLally maintained in  sesis, q/ncuna, triens, qacdr-ans, sextcans, and un-cia.
certain payments, such as military pay, fines,     sellsrs, quincumv, triens, suchrans,  sextarns, and&uncac.
certain payments, such as military pay, fines,  &c. There is a solitary instance of the existence of the
(Liv. iv. 41, 60, v. 2, xxxii. 26; Plin.. c.; Sen. cldodrans, in a cosn of the Cassian family, bearing
ad Helv. 12; Niebuhr, Hifst. of Rone, vol. i. pp. an S and. three balls. We have no precise infol!466, 467).  This mode of reckoning also supplied  ation as to the time when these divisions were
a     *                        O               atcon as tow the mnse divisios were
a common measure for the money of Rome, and  first introduced, but it was probably nearly as
the other states of Italy, which had ases of very  early as the first coinage of copper money.
various weights, most of them  heavier than the    The semis, seesissis, or semni-as, half the as, or six
Roman.  The name of aes grave was also applied  oun ces, is always macked with anf S to represent
to the uncoined metal.  (Servius, ad Virg. Aen. its value and very commonly with heads of Jupivi. 862; MaIfssa, tes ucde, sneta//um i)~cthns, ter, Juno, and Pallas, accompanied by strigils.
Isidor. xvi. 18. 13,)                              The quincsunx, or piece of five tmnces, is very rare.
The oldest form of the as is that which bears  There is no specimen of it in the British Muselm.
the figure oftan animal (a brll, rami  boarh ow sow); It is distinguished by five small balls to represent
whence the ancient writers derived the word for
its value. The tr/ens, the third part of the as, or
mone',pecu. na. from pecus, an etymology on which  piece of four ounces, is marked with four balls.
no opinion need be pronounced; but whether this  Ii the annexed specimen, front the British   nuimpress was intended to represent property by that scul, the balls appear en both sides, with a
form of it which was then most common, or had
some mythological meaning, is doubtful.  Niebuhr
denies the antiquity of this type, but his sole objection is satisfactorily answered by Bickh.  The    /4
type seems however to have been much less used
in the Roman than in some other old Italian coinages; and most of the pieces which bear it are of 
a rude oblong shape.  The next form, and the
common one in the oldest Roman ases, is round,
and is that described by Pliny (H. N. xxxiii. 3.        O  0          
s. 13), as having the two-faced head of Janus on
one side, and the prow of a ship on the other
(whence the expression used by Roman boys in
tossing up, capita ant navim., Macrob. Sat. i. 7). thunderbolt on one side, and a dolphin with a strigil
The annexed specimen, from the British 3Museum, ai bove it on the other.  Its weight is 1571 graimmv




AS.                                         ASCOLIASMUS.                  141
The quadrans  or tesrncius, the fourth part of Roma, 1839, 4to.; and in Lepsius's review  of it
the as, or piece of three ounces, has three balls to  appended to his treatise Ueber die Tlrrliener-Pelasdenote its value.  An open hand, a strigil, a dol-  (er.)                                  [P. S.]
phin, grains of corn, a star, heads of Hercules,    ASCAULES.  [TIBIA.]
Ceres, &c, are common devices on this coin. Pliny    ASCIA (oKtcsapov, Hom. Od. v. 235), an adze,
(I<. JV. xxxiii. 3. s. 13) says that both the triens  Muratori (Ins. Vet. T/hes. i. 534-536) has puband quadrans bore the image of a ship.  The  lished numerous representations of the adze, as it
sextans, the sixth part of the as, or piece of two  is exhibited on ancient monuments. We select the
ounces, bears two balls. In the annexed specimen, three following, two of which show the instrument
from the British Museum, there is a caduceus and  itself, with a slight variety of form, while the third
strigil on one side, and a cockle-shell on the other. represents a ship-builder holding it in his right
Its weight is 779 grains.                          hand, and using it to shape the rib of a vessel.
The uncia, one ounce piece, or twelfth of the as,                     /
is marked by a single ball.  There appear on this       / 
coin heads of Pallas, of lRoma, and of Diana, ships,
frogs, and ears of barley.  (For other devices, see
Eckhel, Doctr. Nutz. Vet.) 
After the reduction in the weight of the as,
coins were struck of the valiie of 2, 3, 4, and even
10 ases, which were called respectively dussis or
du olndius,  ressis, qauadcessis, and decusscs.  Other  We also give another instrument in the above cut
multiples of the as were denoted by words of similar  taken from   a coin of the Valerian family, and
formiation, up to centussis, 100 ases; but most of alled aciscldus.  It was chiefly used by masons,
them do not exist as coins.                        whence, in the ancient glossaries, Aciscularius is
It is a very remarkable fact that, while the  translated. Xa'Lg/aos, a stone-cutte-.
duodecimal division of the:as prevailed among the    As to the reason why Ascia is represented on
nations of Italy south of the Apennines, the deci-  sepulchral monuments, see  Forcellini, Lexicon,
mal division was in use to the north of that chain;  s..                                   [J. y.]
so that, of the former nations no quincunx has been    ASCLEPIEIA (&achArnieta), the name of festidiscovered, of the latter no semis.  In Sicily the  vals which were probably celebrated in all places
two systems were mixed. [PONDERa.] For further  where temples of Asclepius (Aesculapius) existed.
details respecting the coinage of the other Italian  The most celebrated, however, was that of Epistates, see Bockh, letrol. Utersucl. ~ 27;;Abeken,  daurus, which took place every five years, and.liittel-ltulien, and Lepsius, Ueber die Verbreitung  was solemnized with contests of rhapsodists and
des ltalischlen ilunxzsystenls ton LEtrurien aus.  musicians, and with solemn processions and games.
In certain forms of expression, in which ues is  (Schol. ad Pind. NeAn. iii. 145; Paus. ii. 26. ~. 7.)
used for money without specifying the denomina-'Ao'rcKIrieLa are also  mentioned at Lamnpsacus
tion, we must understand the as.  Thus deni eris,  (Bockh, Corp. Inzsct. vol. ii. p. 1131), and at
mille aeris, decies aeris, mean respectively 10, 1000,  Athens (Aeschin, c. Ctesiplh. p. 455), which were,
1,)000),000 uses.                                  probably, like those of Epidaurus, solemnized with
The w.Yord as was used also for any whole which  musical contests.  They took place on the eighth
was to be divided into twelve equal parts; and  day of the month of Elaphebolion.          [L. S.]
those parts were called unciae.  Thus the nomen-    ASCOLIASMUS (droccac          -,ao,'s, the leaping
clature of the duodecimal division of the as was ap-  upon the leathern bag, cr-0o's) was one of the
lied not only to weight and money, but to measures  many kinds of amusements in which the Athenians
of length, surface, and capacity, to inheritances, indulged during the Anthesteria and other festivals
interest, houses, farms, and nlany  other things.  in honour of Dionysus.  The Athenians sacrificed
IIence, for example, the phrases haceres ex asse, the
heir to a whole estate; lu1ceres ex dodradte, the heir
to three-fourths, &c.  (Cic. Pro Caecin, 6; Corn.
Nep. Attic. 5.)  Pliny even uses the phrases semis-              "
sema Af'icue (H. N. xviii. 6. s. 7), and dodriantes et  /                V                   \
semiuxecias horarum (H. N. ii. 14. s. 11).
The as was also called, in ancient times, assarius
(sC. aummlnes), and in Greek a'b &arrcdptov.  According to Polybius (ii. 15) the assarius was equal to
half the obolus.  On the coins of Chios we find
aoodpro,, &aaroapov  ptiarv, da&rplma  UC5e, a&roodpia
rpia.  (In addition to the works referred to in this
article, and those of IHussey and Wurm, much
valuable information will be found in the work
endtitled, Aes Grace del  Az1i2seo Kiri'ceriao, &cX.




142        ASEBEIAS GRAPHE.                                           ASILLA.
ai he-goat to the god, made a bag out of the skin, accusation.  And if a minor, as represented in the
smeared it with oil, and then tried to dance upon  declamation of Antiphon, could be prosecuted for
it.  The various accidents accompanying this at- murder (qpdvou), a crime considered by the early
tempt afforded great amusement to the spectators.  Greeks more in reference to its cereInonial polI-Ie who succeeded was victor, and received the  lution than in respect of the injury inflicted upon
skin as a reward. (Schol. ad Aristoph. Plut. 1130;  society, it can  hardly be concluded  that perPlat. Synrp. p. 190; Virg. Georg. ii. 384; Pollux, sons under age were incapable of committing, or
ix. 121; Hesych. s. s.'ACKWAlc"ooTEs; Krause, suffering, for this offence.  (Antiph. Tetral. ii
Gymsnastik und Agonistik d. Hellenen, p. 399, who  p. 674.)
gives a representation of it from all ancient gem,    The magistrate, who conducted the previous exwhich is copied in the above cut.)                 amination (&vaKplpois) was, according to Meier
ASEBEIAS GRAPHE (&(oEgefas yparp), was  (Att. Proc. pp. 300, 304, n. 34) invariably the king
one of the many forms prescribed by the Attic  archon, but whether the court into which he brought
laws for the impeachment of impiety.  From  the  the causes were the areiopagus, or the common
various tenor of the accusations still extant, it may  heliastic court, of both of which there are several
be gathered that this crime was as ill-defined at instances, is supposed (Meier, Att. Proc. p. 305)
Athens, and therefore as liable to be made the  to have been determined by the form  of action
pretext for persecution, as it has been in all other adopted by the prosecutor, or the degree of corncountries in which the civil power has attempted  petency to which the areiopagus rose or fell at the
to reach offences so much beyond the natural limits  different periods of Athenian history.  From the
of its jurisdiction.  The occasions, however, upon  Apology of Socrates we learn that the forms of the
which the Athenian accuser professed to come for- trial upon this occasion were those usual in all
ward may be classed as, first, breaches of the cere- public actions, and that, generally, the amount of
monial law  of public worship; and, secondly, the penalty formed a separate question for the diindications of that, which in analogous cases of casts after the conviction of the defendant.  For
modern times would  be called  heterodoxy, or some kinds of impiety, however, the punishment
heresy.  The former comprehended encroachment was fixed by special laws, as in the case of persons
upon consecrated grounds, the plunder, or other iniuring the sacred olive trees, and in that meninjury of temples, the violation of asylums, the in  tioned by Andocides (De Myst. p. 110).
terruption of sacrifices and festivals, the mutilation  If the accuser failed to obtain a fifth of the votes
of statues of the gods, the introduction of deities  of the dicasts, he forfeited a thousand drachmae,
not acknowledged by the state, and various other  and incurred a modified &rtlla.  The other forms
transgressions peculiarly defined by the laws of the  ot prosecution for this offence were the &Trayoayc
Attic sacra, sutch as a private celebration of the  (Dem. c. Androt. p. 601. 26), i6pyi7rLS (Meier, Att.:Eleusinian mysteries and their divulgation to the  Proc. p. 246), /vIELZLS (Andoc. De 11Myst. p. 8),
uninitiated, injury to the sacred olive trees, or arpoeoAX (Libanius, Argume. ad Dem. in Mlid. 509,
placing a suppliant bough (giesEpiCa) on a particular    0), and in extraordinary cases cr'ay'yeAL'a (Andoc.
altar at an improper time. (Andoc. Deilyst. p. 110.)  De 1lyst. p. 43); besides these, Demosthenes menThe heretical delinquencies may be exemplified  tions (c. Androt. p. 601) two other courses that an
by the expulsion of Protagoras (Diog. Lalrt. ix. accuser might adopt, 8LrKdcgerEaL rpbs EbvloXarLcas,
51, 52) for writing " that he could not learn  and ppierLy rpps hbv 3acLXeca, of which it is diffiwhether the gods existed or not," in the persecu-  cult to give a satisfactory explanation.  [J. S. M.]
tion of Anaxagoras (Diog. Lalrt ii. 12), like that    ASIARCI-IAE (&nridpXae), were, in the Roman
of Galileo in after-times, for impugnling the received  province of Asia, the chief presidents of the reopinions about the sun, and the condemnation of ligious rites, whose office it was to eaihibit games
Socrates for not holding the objects of the public  and theatrical amusements every year, in honour of
worship to be gods.  (Xen. Apol. Soc.)  The va- the gods and the Roman emperor, at their own
rietv of these examples will have shown that it expense, like the Roman aediles.  As the exhiis imlpossible to enumerate all the cases to which  bition of these games were attended with great
this sweeping accusation might be extended; and, expense, wealthy persons were always chosen to
as it is not upon record that religious Athens  fill this office; for which reason, Strabo  says,
(Xen. Rep. Asth. iii. 8) was scandalised at the pro-  some of the inhabitants of Tralles, which was one
fane jests of Aristophanes, or that it forced Epicu-  of the most wealthy cities in Asia, were always
rus to deny that the gods were indifferent to hu- chosen asiarchs.  They were ten in number, seman actions, it is difficult to ascertain the limit at lected annually by the different towns of Asia,
which jests and scepticism  ended, and penal im- and approved of by the Roman proconsul; of
piety began.                                      these, one was the chief asiarch, and frequently
With respect to the trial, any citizen that pleased  but not always, resided at Ephesus.  Their office
o BouhXA/evos-which, however, in this as in all lasted only for a year; but they appear to have
other public actions, must be understood of those  enjoyed the title as a mark of courtesy for the rest
only who did not labour under an incapacitating  of their lives.  In the other Roman provinces ii
disi'ranchisement (ariLea) -  seems to have been a  Asia, we find similar magistrates corresponding to
competent accuser; but as the nine archons, and  the Asiarchae in proconsular Asia, as for instance
the areiopag'ites, were the proper guardians of the  the Bithyniarchae, Galatarchae, Lyciarchae, &c.
sacred olives (poplai, oa-cKOi, Lysias, Ilepl ToO  (Strab. xiv. p. 649; Acts, xix. 31., with the.sjwcoi, p. 282), it is not impossible that they had notes of Wretstein and Kuinoel; Euseb. H. E. iv.
also a power of official prosecution upon casually  1 5; Winer, Biblisc/hes Realwiirterbuch, art. Adiardiscovering any injury done to their charge.       c/len.)
The cases of Socrates, Aspasia, and Protagoras.    ASILLA  (i'tANXa), a wooden pole, or yoke,
may be adduced to show that citizens, resident held by a man either on his two shoulders, or
aliens, and strangers, were equally liable to this  more commonly on one shoulder only, and used for




.ASSESSOR.                                        ASTRAGALUS.                   143
carrying burthelts.  (Aristot. Rhet. i. 7.)  It is  civil and military functionaries, had their assessors.
called &v&dopov by Aristophanes (Ran. 8). It de-  An instance is mentioned by Tacitus (Ann. i. 75)
serves mention here chiefly from its frequent oc- of the Emperor Tiberius assisting at the judicia
currence in works of Grecian art, of which some  (judiciis adsidebat), and taking his seat at the
specimens are given in the annexed cut.            corner of the tribunal; but this passage cannot
be interpreted to mean, as some persons interpret
it, that the emporor sat there in the character
of an assessor properly so called: the remark of
Tacitus shows that, though the emperor might have
taken his seat under the name of assessor and
affected to be such, he could be considered ill no
other light than as the head of the state. (Compare
Suetonl. Tib. Nero, 33, Tib. Claudius, 12).
Under the empire the practice of having assessors continued (Plin. Ep. i. 20, vi. 11, x. 19;
Gellius, i. 22). Suetonius (Galba, 14) mentions the
case of an assessor being named to the office of
praefectus praetorio.   The Emperor Alexander
Severus gave  the assessores a regular salary.
(Lamprid. Alex. Sev. 46.)  Freedmen  might be
assessores.  In the later writers the assessores are
mentioned under the various names of consiliarii,
juris studiosi, comites, &c. The juris studiosi, men-U D) < 7 2.tioned by Gellius (xii. 13), as assistant to the
judices (quos adhlibere in consilizul judicaturi soi*fa__  @ 9   tlent), were the assessores.  Sabinus, as it appears
from  Ulpian (Dig. 47. tit. 10. s. 5), wrote a book
on the duties of assessors. The assessors sat on the
tribunal with the magistrate. Their advice, or aid,
was given during the proceedings as well as at
other times, but they never pronounced a judicial
ASSA'RIUS NUMMUS.  [As.]                         sentence. As the old forms of procedure gradually
ASSERTOR, or ADSERTOR, contains the  declined, the assessores, according to the conjecsame root as the verb adserere, which, when coupled  ture of Savigny  (Geschticlte des Rwisz. Reclits im
with the word manu, signifies to lay hold of a thing, Mlittelalter, vol. i. p. 79), took the place of thejudices.
to draw it towards one. Hence the phrase radsrere  For other mattersrelating to the assessores, see Hollin libertat/en, or liberali adserere amanu, applies to  weg, Ilan2dbecl des UCivilprozesses, p. 1 52.  [G. L.]
him who lays his hand on a person reputed to be    ASSI'DUII.  [LocuPLETES ]
a slave, and asserts, or maintains his freedom.  The    ASTRA'GALUS  (&o'rpa-yaos), literally sigperson who thus maintained the freedom  of a re- nifies that particular bone in the ankles of certain
puted slave was called adsertor (Gaius, iv. 14), and  quadrupeds, which the Greeks, as well as the Roby the laws of the Twelve Tables it was enacted  mans, used for dice and other purposes, as described
in favour of liberty, that such adsertor should not under the corresponding Latin word TALUS..
be called on to give security in the sacramenti actio    As a Latin word, astragalus is used by Vitruvius,
to more than the amount of L. asses.  The person  who of course borrowed it from the Greek writers
whose freedom  was thus claimed, was said to be  on architecture, for a certain moulding (the astragal)
adsertus.  The expressions lib-eralis causa, and  which seems to have derived its name from its reliberalis manus, which occur in classical authors, semblance to a string or chain of tali; and it is in
in connection with the verb adserere, will easily  fact always used in positions where it seems inbe understood from what has been said. (Terent. tended to bind together the parts to which it is
Adelph. ii. 1. 40; Plaut. Poen. iv. 2. 83; see  applied.  It belongs properly, to the more highly
also Dig. 40. tit. 12. De liberali Causa.)  Some- decorated forms of the Ionic order, in which it
times the word adserere alone was used as equiva- appears as a lower edging to the larger mouldings,
lent to adserere in librltatem.  (Cic. Pro Flacco, especially the ectinsus (ovolo), particularly in the
c. 17.)                                            capital, as shown in the following woodcut, which
The expression asserere in servitutem, to claim a  represents an Ionic capital found in the ruins of the
person as a slave, occurs in Livy (iii. 44, xxxiv. temple of Dionysus at Teos.  Still finer examples
18.)                                     [G. L.]  occur in the capitals of the temples of Erechtheus
ASSESSOR, or ADSESSOR, literally, one who  and Athene Polias, at Athens, where it is seen, too,
sits by the side of another.  The duties of an  on the sides of the volutes.  It is also often used
assessor, as described by Paulus (Dig. 1. tit. 21. in the entablature as an edging to the divisions of
s. 1.) related to " cognitiones, postulationes, libelli, the cornice, frieze, and architrave.  The lower
edicta, decreta, epistolae;" from which it appears  figure in the woodcut represents a portion of the
that they were employed in and about the adminis-  as ragal which runs beneath the crowning moulding
tration of law. The consuls, praetors, governors of of the architrave of the temple of Erechtheus.  It
provinces, and the judices, were often imperfectly  is taken from a fragment in the British Museum,
acquainted with the law and the forms of proce- and is drawn of the same size as the original.
dure, and it was necessary that they should have    The term  is also applied  to a plain convex
the aid of those who had made the law their study. moulding of the same sectional outline as the
(Cic. de Oratore, i. 37, 1z Vetremin, ii. 29).  The  former, but without the division into links, just
praefectus praetorio, and praefectus urbi, and other  like a torus on a small scale: in this form it is used




144            ASTROLOGIA.                                         ASTROLOGIA.
in the Ionic base rSPIRA].  III the orders subse-  tihe destiny of the child might be predicted with
quent to  the Ionic, -  the Corinthian, Roman  certainty by those who were skilled to interpret
Doric, and Composite, —the astragal was very  the language of the stars, and that the result of
any undertaking might be foretold from the aspect
of the firmament when it was commenced. Hence
~'K1     a numnerous and powerful class of men arose who
were distinguished by various designations. From
the country where astronomy was first studied, and
their science was first developed, they were called
Chaldaei or Babylonii; firom observing the stars,
astronomi, astrologi, planetarii; from  employing
diagrams such as were used by geometricians, maal llI  I    ~ jltlsemizatici; from determining the lot of man at his
natal hour, genethliaci; from prophesying the consummation  of his struggles, a&7rOTEyaEOLLtLa'coL
while their art was known as a&spoXo7ya, geTEwCpokoiyfa, yeveOAtakoTya, a&roTekXe/aha LK L, AIts
~4~{;.T~~  ~ l.....:~-9  C/~aldaeorll.M., A Iatlhesis, or, from  the tables they
coisuted,    9 Hvi.A.S  Their  calcllations   were..........-  -....-   termed Babylonii numeri, XaA3aowv rtrFi0oao, XaN- t'q, r'pWpisEs, Ratiomnes C/laldaicae; their refreely used.  The rules for the use of the moulding  sponses when  consulted  C/daldaeoruim 7mo0ilta,
are given by Vitruvius (iii. 5. ~ 3, iv. 6. ~~ 2, 3. Chaldleorsum   natalicia praedicta, Astrologoru7n1
Schniid.).  Numnerous fine examples of it will be praedicta.
found in the plates of Mauch (Die Griechtisclen und    The stars and constellations to which attention
Roomisclmen Bau-Ordnunqei, Potsdam, 1845.) [P.S.]  was chiefly directed were the planets and the
ASTRATEIAS   GRAPHE/   (or'pareias  signs of the zodiac, some of which were supposed
yp %ptl), was the accusation instituted against per-  to exert uniformly a benign ilfluence (&-yaOsrotol
sons who failed to appear among the troops after they  aosq epes), such as Venus, Jupiter, Luna, Virgo,
had been enrolled for the campaign by the generals.  Libra, Taurus; others to be unifiorlmly malign
(Lys. in Ale. pp. 521, 571.) We may presume that  (caccorotoi a'orEpes), such as Saturnus, Mlears,
the accuser in this, as in the similar action for leaving  Scorpio, Capricornus;  others to be doubtfull (irithe ranks (XEnroraeLov), was any citizen that chose  cKOyOs &od-pTP s), such as Ml'ercurils.  By the collnto come forward (6 3ovXdoes'aos, ots T2EoTLr), and that bination and conjunction (rve3po,ue, constellftio).
the court was composed of soldiers who had served  or opposition, however, of those benign with those
in the campaign.  The presidency of the court, ac-  ni malign, the power of the latter might be neucording to Meier, belonged to the generals.  The  tralised or even reversed, and a  most happy
defendant, if convicted, incurred disfranchisement  horoscope be produced, as in the case of Augustus
-- trtia, both in his own person and that of his  who was born under Capricornus (Suet. Amj. 94),:
descendants, and there were very stringent laws to  and hence that figure frequently appears on his
punish them if they appeared at the public sacrt, n medals.  For the sake of expediting calculations,
to which even women and slaves were admitted. the risings, settings, movements, and relative posi(Andoc. de Myst. p. 35; Aesch. in Ctes. p. 59; tions  (ortzs,  occasus,  monots, vice, discessiones,
Deem. in Tinzocr. p. 732; Meier, Att. Process, coetus, convesltus, concursiones, circ2uitus, traesites,
p. 363, &c.)                        [J. S. M.]    habitus,.brin), positura, positus sidelrum et spctia)
ASTROLO'( IA.  This word is occasionally  were  carefully  registered  in  tables  (7rlivares,
employed by the best Latin writers (e. g. Cic. de  e'qtrlupi13es).  In so far as the planets were conDivin. ii. 42.) to denote astronomy in general, and  cerned, it was of especial importance  to note
indeed is found in that sense more frequently than  through what sign of the zodiac they happened to
astronom07 ia, which is of rare occurrence.  In the  be passing, since each planet had a peculiar sign,
present article, however, we confine ourselves to  called the domusms or house of the planet, during
what is strictly termed judicial astrology, and  its sojourn in which it possessed superior power.:
treat of astronomy under ASTRONOMIuA.              Thus Libra, Capricornus, and Scorpio were reAt a period far beyond the records of authentic  spectively-the houses of Venus, Saturn, and Mars.
history a belief arose, which still prevails un-    The exact period of birth (lora.eenitllis) being
shaken in the East, that a mysterious but close  the critical moment, the computations bounded
connection subsisted between the relative position  upon it were styled y&eo-Es (gsenitura), &spoac(roros
and movements of the heavenly bodies and the  (horoscopus), or simply  Eip. a, and the star or
fate of man. In process of time it was maintained  stars in the ascendant sidus nataltiuzm, sidera azathat the fortunes of each individual throughout talitia.
life depended upon the aspect of the sky at the    Astrologers seem  to have found their way to
moment of his birch, and especially upon the star  Italy even before a free communication was opened
which was rising above the horizon at the instant up with the East by the Roman conquests in
when he saw  the light, and upon those which  Greece and Asia, since they are mentioned colnwere in its immediate vicinity (conzjunctae), or re- temptuously by Ennius.  (ap. Cic. De Div. i. 58.)
moved from it by a sixth, a fourth, or a third part About a century later the government seem to have
of a great circle of the sphere, or, finally, upon  become sensible of the inconvenience and danger
those which were at the opposite extremity of the  likely to arise from the presence of such impostors,
same diameter (oppositae).  Few doubted that by  for in B.C. 139 ani edict was promulgated by C.
observation and deep study persons might acquire  Cornelius Hispallus, at that time praetor, by which
the power of expounding these appearances, that the Chlaldaeans were banished from the city, and




-AST iRONOMIA.                                   ASTRONOMIA.                  14S
ordered to quit Italy within tenll days (Val.  Max. i. inention specially once for all to avoid the necessity3. ~ 2), and they were again banished from the city  of constant references; in the Historisc,ie Unte: —
in B. c. 33, by M. Agrippa, who was then aedile. sucengeen iiber die astronoziscl/en Beobacdtn.qgeen der
(Dion Cass. xlix. 1.) Another severe ordinance was  Alten, by the same author (Berlin, 1806); in a
levelled by Augustus against this class (Dion Cass. paper by Buttmann Uber die E ntstektung der Sternlxv. 1, lxvi. 25), but the frequent occurrence of bilder aezfder griec/lisceen f/'bre, contained in the
such phrases as " expulit et mathematicos "- (Suet. Transactions of the Berlin Academy for 1826; and
Tib. 36), " pulsis Italia mathematicis " (Tac. Iist. in the Gesckic.tde der Astrononmsie of Schaubach.
ii. 62), in the historians of the empire prove how  2. The risings and settings of the fixed stars
firm a hold these pretenders must have obtained  considered with reference to the position of the sun
over the public mind, and how profitable the oc- in the ecliptic, -a series of phenomena which recupation must have been which could induce them  curring regularly every tropical year, served in
to brave disgrace, and sometimes a cruel death  the most remote ages as the sole guides for the
(Tac. Ann. ii. 32).  Notwithstanding the number operations of the husbandmnan, and which, being
and stringent character of the penal enac+menits by  in later times frequently appealed to by the poets,
wvhich they were denounced, they appear to have  are sometimes designated the " Poetical Risings
kept their ground, and although from  time to  and Settings of the Stars."  Here we chiefly dotime crushed or terrified into silence, to have re- pend  upon  the compilations and  dissertations,




146            ASTRONOIH IA.                                    ASTRONOMIA.
which, as we are assured in the commentary which  services, he first drew up a regular catalogue of
bears the name of Hipparchus, does little more than  the fixed stars, pointing out their position and
represent in verse, with very few variations, the  magnitude, he first delineated accurately the shape
matter contained in the two treatises namned above, of the constellations, and he first discovered the
especially in the latter.  The great popularity en- precession of the equinoxes by comparing his own
joyed by the production of Aratus (Cznas sole et observations with those of Timocharis and Aris:Iscna semsper? Aratuls erit) must have depended upon  tyllus.  It is much to be lamented that all the
the attractions presented by his theme, and cer-  works of so great a man should have perished,
tainly not upon the spirit or grace with which that with the exception of a commentary in three books
theme was handled.  We know  the names of upon the description of the fixed stars by Eudoxus
thirty-five Greeks who composed  commentaries  and Aratus ('E' -0ysls Ts'ApdTov scal EvSdsov
upon it, and we are acquainted with no less than  aatrou'eo'w), the least valuable perhaps of all his
three translations into Latin verse-one by Cicero, productions.  We have, however, every reason to
of which fragments only remain; another by Caesar  believe that the substance of his most valuable obGermanicus, of which a considerable portion has  servations has been preserved in the Almagest of
been preserved; and a third by Rufus Festus  Ptolemy, which long enjoyed such high fame that all
Avienus, which is entire.  Virgil borrowed largely  former authors were allowed to sink into oblivion.
from this source in those portions of his Georgics    The catalogue of the fixed stars by Ptolemy
which contain references to the heavenly bodies, (fl. A. D. 100), contained in the seventh and eighth
and particularly in that section which is devoted  books of the Almagest and derived in all proto prognostics of the weather.  There are also  bability in a great measure from that compiled by
valuable Greek scholia ascribed to the younger Iipparchus, long served as the model for all subTheon, but manifestly compounded of materials  sequent labours in the same field, and little more
derived from many different quarters.  The work  than two centuries have elapsed since any attempt
itself is divided into three parts:              was made to supersede it by something more per1. A description of the constellations, extending  fect.  It embraces 48 constellations (21 northern,
to line 454.                                     15 southern, and the 12 signs of the zodiac), com2. A short account of the Planets, of the Milky  prising 15 stars of the first magnitude, 45 of the
Way, of the Tropical Circles, and of the Equator, second, 208 of the third, 474 of the fourth, 2i 7
followed from v. 559 by a full detail of the stars  of the fifth, 49 of the sixth, 9 obscure, and 5
which rise and set as each sign of the zodiac ap- nebulous, in all 1022.  These are the constel!apears in succession (uvvavataoAa).               tions, usually denominated the Old C'onstellations,
3. At line 733 commences what is frequently  to distinguish them from  the additions made in
regarded as a separate poem, and placed apart modern times, and these we shall consider in re-,ulder the title Atoon7me-e, consisting of a collection  gular order.  The stars are enumerated according
of the various appearances which enable an ob- to the place which they occupy in the figures, the
server of nature to predict the weather.  It will latitude, longitude, and magnitude of each beinsg
be seen below that the constellations described by  specified.  In connection with many constellations,
Aratus still retain, with a few variations, the names  several stars are mentioned as &tUopPtrorl, that is,
by which he distinguishes them.                  Inot included within the limits of any one of the
In a little tract ascribed to Eratosthenes (fl. B. c. figures; among those near the Lion he notices the
230), entitled KaeraaerepLtlo;, probably aln abridg-  flair of Berenice, among those near the Eagle the
ment of a more complete treatise, in which he  Antztnouis.  The.single stars and small groups to
details the mythological origin of the constellations, which particular names are assigned, are, A returzs,
together with the number and place of the sta s in  the Lyre, Capella, the Iids, the Eagle, the HIyades,
each, we finld the same forms arranged in the same  the Pleiades, the Maonger-, the  Asses, Regulus
order as in Aratus, who is followed step by step. (,aertsAcrlicos), Vin2demiatrix, Slpica, Antares, the
The Bird, however, is here termed the Szcan; the  Hounted (he does not give the name Sirius), Canopus,
(Centaczr is individualised into Csliron; and the  and Procyon.
Hair of Berenice appears for the first time, having    Among  our Greek authorities we must not pass
been introduced by Conon in honour of the sister- over Geminus, whose work  EZiaasywyo   ers ra&
wife of Ptolemy Euergetes.                       eat'dsueva contains in sixteen chapters an exposiScientific astronomy commenced at Alexandria  tion of the most striking facts in Astronomy and
in the early part of the third century before our Mathematical Geography.  We know nothing of
era; and the first steps were made by Timocharis  him personally; but it has been inferred from his
and Aristyllus, who flourished about B. c. 290. book that he was a native of Rhodes, and that he
They invented the method of determining the  flourished about;. c. 70, at Rome, or at some
places of the fixed stars, by referring them  to one  place under the same parallel. The second chapter
of the great circles of the heavens, and for this treats of the constellations and of those stars and
purpose selected the equator.  By them, as we  small clusters distinguished by particular names.
learn from Ptolemy, the right ascension and de- The Cosma Berenices, which is not included in the
clination of many stars were observed, among  21 northern constellations of Ptolemy, has here
others of Spica in the Virgin, which they found  an independent place assigned to it; the Foal, or
to be 80 from the equinox of autumn.             Little Horse, is termed 7rpos0out  iTrrod KaO' ITrHipparchus, about 150 years later, followed up  7rapxov, which seems to indicate that it was inthe track which they had indicated: his observ- troduced by Hipparchus; in addition to the   5
ations extended from B. c. 162 to B. C. 127; and, Southern Constellations of Ptolemy, we find the
whether we regard the originality, the magnitude, Streasiz (XdvOcs v['aTos) issuing from  the umn ui
or the importance of his labours, he is well entitled  Aquarius, and the Thyr-sus of the Centaur.  The
to be regarded as the father of the science. (See  sixteenth chapter is particularly interesting and
Plin. H. N. ii. 26.)  In addition to many other valuable, since it contains a parapegmna or calendar




ASTRIONO1MIA.                                      ASTRONOMIA,                   147
of the risings and settings of the fixed stars, with  names of "Apwros, The She Bear, or"A/uata, Tias
prognostics of the weather, according to Meton,  WaYcgon  (II. xviii. 487, Od. v. 275), which the
Euctemon, Endoxus, Calippus, and others, the oh-  Romans translated by the equivalent terms Ursa
servations of each being quoted separately.        and Plaustrsu7   or l6trrets. At a later period when
The Romans adopted the knowledge of the stars  the Lesser Bear had been added to the number of
communicate&  by the Greeks without in  the  the celestial signs, the epithets /EsydxAl and /xlicpd
slightest degree extending it.  Only two Latin  were applied to them  respectively by way of diswriters discourse specially on the subject, Manilius  tinction, and in like manner Ovid (Trist. iv. 3)
and Julius Firmicus, and their treatises belong  speaks of them  as marina minorqeze ferae.  The
rather to Judicial Astrology. The poets, however, ancient Italian name for the seven bright stars
especially Ovid and Virgil, make frequent alla-  which form  the most conspicuous portion of the
sions to the risings and settings of the fixed stars, group was Septe7 s Triones (Cic.), that is, according
to the most remarkable constellations and to the  to the interpretation of Varro (L. L. vi. 4; Gell.
legends attached to them.  Cicero, Germanicus, ii. 21; Festus, s. v. Triones), The Se2en PIlo2Zy ing
and Avienus, as we have stated above, executed  0xen, an appellation which as well as that of.aeaa
translations of Aratus, while in Vitruvius, Pliny,  was extended to the Lesser Bear.  Thus Aratus
Columella, Martianus Capella, the Scholiast on  commences his description
Germanicus, and Hyginus, we find a multitude ofs 
details.  Manilius, it is clear, took Aratus for his
guide in so far as the constellations were con-    Ap-rot ai  rpoXdeL, Tr 6i KaAiovrae  a&acac,
cerned; for he does not notice the Iair of Berenice, deriving fitaeat, absurdly enough, from a/ua; Virgil
the Foal, nor the Soetl/e;wn Crown.                celebrates
Pliny speaks of the constellations as seventy-two  Arcturnm, pluviasque Hyadas, geminosque Triones,
in number; but he seems to have eked out the sum
by counting separately portions of figures, such  aned Vitruvius (it. 3) not only employs Selptenzas the Pleiades, the  Igycades, the Urn and the  trio simply for the Greater Bear, but distinguishes
StreaeL of Aqeuarius, the Thuyrs2es of the Centaur, between Septesltrio qntjor and Septemtrio minaor,
the Head of jMVedusa, the Sceyzetar of Perseazs,  and again speaks of the Arctos, qzai Septemtriones
the Mlcfanger, the Twco Asses, Capella, the Kids, dicuntur.
the Ilair of Berenice, the Throne of Caesar., and    In addition to the above designations we find
probably the more conspicuous among the indivi-'EAiKr1, applied to the Greater Bear alone, derived
dual stars, such as Arcturus and Sirius.  I-Ie sets  from its sweeping round in a curve (ahrb rou BXir —
down the number of observed stars at 1600, which  oaeoOal, Schol. ad Arat. 37), while from the mythifar exceeds the catalogue of Ptolemy.              cal connection established between this constellaThe Scholia on Germanicus do not constitute a  tion and Callisto, daughter of the Arcadian monarch
regular commentary like the Scholia on Aratus,  Lycaon, the Latin poets constantly refer to it as
but are translations from Eratosthenes, with some  Lycaonis Arctos; Parrhasis Arctos; Parrhzasides
excerpts, added subsequently perhaps, from the  stellae; Asienalis Ursa, &c. The term Boves Iccaji
Sphaera Gracca et Barbara of Nigidius Figulus and  employed by Propertius (ii. 24. 24), is explained
other works on astronomical myths.                 below (No. 5) under Aretophylax. For the story of
The Poeticon Astronomaicon, which bears the  Callisto and her transformation see Ovid. Met. ii.
name of Hyginus, is written in the style of Era-  409, Fast. ii. 155; Serv. ad Virg. Georg. i. 246;
tosthenes, and is in a great measure borrowed from   Hygin. Poet. Astron. ii. 1. 2.
him.  No notice is here taken of the Foal nor of    2. TIIEL LESSER  or LITTLE  BEAR), "ApITOSo
the Southelrn Crown, which  proves that at the  (usAKp ), Kvvdo-ovpa, Kvvrdooupis (Arat. 27-308),
time when it was composed, whenever that may  A rctis mcissor (Cic.), Cynosura (Cic. Manil.i. 306).
have been, more attention was paid to Aratus than  This constellation, we are assured by many anto Hiipparchus and Ptolemy.                        thorities (Schol. ad Hom. 11. xviii. 187; Achill.
Tat. Isagog. ins A rat. Phaelz. c. 1; Diog. Laert. i.
Neanses of thee Constellations.         23; Hygin. Poe't. Astrons. ii. 2), was first added to
In what follows we arrange the constellations,  the Grecian catalogues by Thales by whom it may
with one or two trifling exceptions, in the order possibly have been imported from the East; and
adopted by Ptolemy, enumeratilg first the twenty-  while from its close resemblance in form, it shared
one northern signs; secondly, the twelve zodiacal the names of Apicros and 6igaea with its more ansigns; and lastly, the fifteen southern signs.  In  cient and majestic companion, it enjoyed exclueach case we give, first, the name by which the  sively the appellations of  vowtieVl   and KvY4,ooupa.
constellation is known among ourselves; secondly,  The former was derived from  the circumstance
the name ascribed to it by Aratus; and lastly, the  that it was selected by the Phoenicians as the
other Greek and Latin names which most fre-  guide by which they shaped their course at sea,
quently occur or which deserve particular notice.   the Grecian mariners with less judgment employing Helice for the same purpose (Arat. 37; Erat.
ATlorthern. Sigsst.               Cbt. 2; Schol. ad Germ7an. p. 89; Hygin. P. A.
1. THE GREAT TBEAR, THE PLOUGIc, CHAaLES' ii. 2).  The latter, signifying canis cauda, applied
W~AIN,'Ap-CTos (YEcEYCi),'EXNc-  (Arat. 27, by the ancients to the whole figure, and not as in
&c.), Mlcajor AArcits, Mnjor Ursa (German.), He-  modern times merely to the pole star, seems to
lice (Cic., Manil. i. 303).  The most remarkable  have been suggested by the appearance presented
cluster in the northern hemisphere both on account by three of the stars which form a circular sweep,
of its brilliancy and from  the circumstance that it bearing some resemblance to the upturned curl of
never sinks below the horizon in Europe and those  a dog's tail, and will thus be an expression analoparts of Asia known to the ancients, is that which  gous to that of hIelice.  The early astronomers
as early as the time of Homer was known by the  seem  to have generally considered that one of the,
1. 2




148             ASTRONOMIA.                                           ASTrONOMIA.
stars in the Little Bear marked the position of the  Scholiast on. Germanicus, Hyginus and Martiantu
pole, but it is difficult to determine from  their  Capella, use the name Arcturus for the whole conwords to which they  severally refer,  Accord-  stellation, but Aratus, Geminus, and Ptolemy coning  to  Hyginus who, however, seems not to  sider it as a single star.
have clearly understood  Eratosthenes whom  he          The legends with regard to Boites present many
quotes, one of the three stars forming the tail was  different aspects; by the Greeks he was usually
called Polus and the two others, from  circling  represented as Areas, the son of Callisto; Ovid in
round it, XopeuTal, The Dancers, the same appa-,one passage (Ieast. vi. 235) calls him Lycaon, the
rently with the Ludentcs of the Scholiast on Ger-  father of the hapless damsel; by others he was
manicus.                                             pronounced to be Icarius (or Icarus) to whom
Those poets who regarded the Great Bear as  Bacchus taught the use of the vine, and then the
Callisto represented the Little Bear as her dog; but conestellation  Yirgo was his daughter; Erigone,
according to another legend commonly received,  and either the greater or the lesser hound, was her
the two bears were the two nymphs who acted as  dog Maera (Canis Icarizcs, Ov. e;'ast. iv. 939).
nurses in Crete to infant Jove (Arat..31), cnid 1Ience, too, the Septemtriones are styled Boves
hence the phrase Cretaeae Arcti (German.).           lcaelii by Propertius (ii. 24. 24).
3. THE DRAGON, ApdaKwy  (Arat. 45), trans-    Homer (Od. v. 272) calls Bootes 4e C   WYv, from
lated by the Latins Draco (Cic. German.'Vitruv.),  his descendilng below  the horizon  n  an upright
Se?-pens (Gernian. Vitruv. Manil. Ovid), and Agduis  position, and therefore v-ery gradually.  Compare
(Virgil. Ovid. Manil.).  Servius (ad Viep. Ceoc71. iOv. Fast. iii. 405; Claud. Rapt. Proseep). ii. 190,
i. 205) rema-kis that there are three Angztes in the  and the " pigri sarraca Bootae " of Juvenal, v. 23.
sky, one lying between the Bears:                       6. TEIE NORTHERN CROWN,:TEr aVlos (Arat.
Maximuss Ihic flexu sinuoso elabitur Angtuis       71), Cor olna (Cic. Vitruv. lManil.), A riadues corone,
Ccrcueu perque dias in cmorei. theiminis Aretos:  M1.inoa 0roa'0C, German.). Ptolemy distinguishes between the Northernand the Southern Crown (.r-i
(comp. Vitruv. ix. 3): the seconad grasped by  cPavors Op eos, vo'Tdos), and heince the modern name.
Opaiulcus: the third, to the south, around thle Craters  According to the legend commonely adopted this was
and C-orius.  The superior richness of the Greek  the chiaplet of Ariadne placed by Bacchus in tle
language distinguished these as Apdxcoiv,'Oqts, and  firmament to do honour to his mistress, and hence
"T'fps.  The description of Aratus has been ren-  the epithets applied by  Germani.css as quoted
dered almost verbatim  and with great spirit by  above.  (Comp. Virg. Geog. i. 2.22; Ov. Past. iii.
Virgil in the lines.quoted above.  ~Mytlhslogically,  460; Mansil. i. 330.)
the dragon was regarded as the snake which once      lThe name Gemrea, now given to the most reguarded the apples of the Hesperides,.or as a snake  splendent star in the circle, was not known to the
snatched by Minerva from  the giants and whirled   tomallns.
by her aloft to the pole.  (Hylgin. i2 A. ii. 3, iii.    7. HERCULES. The constellation now known by
2; Serv. ad Virg. Geors. i. 2 4                      this name is described by Aratus (v. 63) as an un4. CEPHEUS,  Ks/qeUs (Artt. 183),  Ceip.hezes  known or nameless form (ei'YwAoo    Eo-roV,; W&revOEos
(Cic. Vitruv. Manil.), lasides C'eplees (German.). e16ldCJoto),  which from  its resemblance to a man
The legends respecting this ill-falted monarch and  toiling (loyieovrt aW3pl E'oucbs e's3wXov) on his
the other members of his famnily who beamed in  knees, was usually called'EVyia're,, which the
ihe heavens, Cassiopeia, Pee-see6s, and  ncdromecda,    tmans etler eiter xpressed in the same letters, Enare detailed at length in the Catasterisms of Era-  gomnasi (Manil. v. 645)) Enyonasirz (Cic.), or by the
)tsthenes and in Hyginus.                            translations (GenicZcits, Jn'gesiculatlts (Vitruv. ix..5. THE  BEAR-WVARDEN, BooTES, THE WAG-  3), Igyenicllues (Jul. Firam. viii. 17), NTi-us in
GONER,'APKTro5UmAao  (Arat. 91),.Arctopyllcax  geenibus (Vitruv. ibid.)) Nc-aagenuc2  ecies (German.
(Cic. Germanl, Manil. i. 323), translated by Ovid  Manil. i. 322, v. 645), Dextro  genu nii us (Ger(Tist, i. 1,0. 15) Castos Us-sae, and by Vitruvilus  man.), or simply Nisuls s. Niz cs (Cic. German.),
(ix. 3,) Custos Arcti, or simply Custos (1, e.), was  Insmizus (Avien. 205), or with reference to the
denominated also BoWcseS (A-at. 1. e.), Booles (Cic.  labouring attitude Dectlzune siduls, iyffygies dejicta
German. Manil.), i. e. Bubilcus, the ox-driver, and   ala)ore (Gernan.).
accordilng to the Scholiast oncAratus (L.c.)Tpv-y71rs,    According  to Avienus (v. 175), the appellation
thee vintager.  The first name which supposes the  of Hercules was bestowed by Panyasis, by others
cocnstellations to represent a manl  upon the w at.ch  it was regarded as Theseels, by others as Ceteus,
denotes simlply tire position of the figniae with le-  son of Ly. caom, by others as Prometheus chained to
gard to the Gregat Bear, or when the latter was  Caucasus.  (H-gin. P. A. ii. 6, iii. 5.)
regarded as Callisto, thern Arctophylax  became         8. THaE LYRE, Xl'Xvs, At'}pa, (Arat. 268), Lyra
her son Arcas, by whom  she wvas hlunted and  (German. Vitruv. Manil. i. 331), Fides (Cic.),
slain; the se.cond name, which is found in Homer  Fidis (Col. xi. 2. ~ 43, &c.). Fidiclula (Plin. II. N.
(Od. v. 272) refers to the da5ieat  the imaginary  xviii.64, &c.).  Ptolemy  (. A.) designlates as
form of Boowiys being fancied to occupy the place  o Xagurp6br T7rs Xtpas, the peculiarly bright star
of the driver of thle team; the thihd name is con-  (a Lyrae), which renders this constellation so connected with the period of the heliacal rising of thIe  spicunoS; but it appears probable that the simple
group which indicated the season of the vintage. e   ASpa among the  Greek astronomers, as well as
The chief star in the constellatioen is ARCTURUS   Fidis and Fidicula among the Latins, was fre-'AptrTapos (Arat. 95), AsctLurzs (Cic. German.  qnently employed to denote this single star, as
Vitruv  Manil.), a word of similar import with  well as thle whole sign.  Manilius seems to speak
4rctophylax.  It is twice mentioned by Hesiod  of lFides as a constellation distinct orom Lyrma, hut
(Ery. 56.6, 610), and, as we shall see hereafter,  the passages are very confused (i. 409; comp. 324,,ccupied a prominent place in the  calendars of  337).  Tl'he inention of the Lyre bein  ascribed
jrecc agnd a eIop,  Som e late wviteS,  such as the  to MIercury, we naturally find the epithets'Epuaisj




ASTRONOMIA.                                          ASTRONOMIA.                    149
(Arat. 674), KvXXe;,anal (597), kercurialis (Ger-  thc figure, was termed   p tls (Arat. 86), Anytis
man.), Cy/llenia (Cic.) attached to it.              (Cic. German.), or Serpens (Cic. Vitruv.),
9. THE  SWANi,  Opvis,  fobeS'   sp'rS (Arapt.         Serpentem, Graiis Ophtiuchus nomine dictus
273, 275), Ales (Cic.), Volucris, Avis (Vitrux.           Dividit, &c.                MANIL. i. 338.
ix. 4).  The Bird is the name given by Aratns
and Geminus to the constellation termed by Era-  and is reckoned as a separate constellation.
tosthenes (c. 25) KIS'os,  rendered  Cyenzs by          15. THE ARROW,'Oiords (Arat. 311), Td4oo,
Germanicus and Manilius, for which the synonym   (Eratosth.), Sagittca  (German. Vitruv.), Claroc
Olor is frequently substituted.  By mythologists it saeitta, Ealgens saogitti (Cic.), is distinct from  the
was regarded as the swan of Leda.                    arrow fitted to the bow of Sagittarius, the archer,
10. CASSIOPEIA, KaroeLs7rELa (Arat. 189), Cas-  in the zodiac.  Hence Aratus, after describing the
siepeia (Cic. German. Manil. i. 361), Cassiopea  latter, adds
(Vitruv.). For the myth regarding her, see Hygin.       EOTL BEi 715           6     rCAXOS      lovS'S
P.A. ii. 10; comp. Arat. 654; Manil. V. 504;    AuvbY &nep ry rou.
Propert. i. 17. 3; Columell. xi. 2. ~ 78.
11. PERSEUS, frepsrEvs (Arat. 248), Perseus  (Comp. Cic. 325; German. 683; ManiT. i..349.)
(Cic. German. Vitruv. Manil. i. 357, 365), was    16. THE EAGLE,'AeTr-   ('wrds, Arat. 315),
pictured as bearing in one ihand a crooked sword   lquZila (Cic. Vitrulv.), or, in poetical circumlocu(ap7rr/, falx), and in the other the head of the  tion, Jovis arsmiiger (German. Avien.), Jovis ales
Gorgon Medusa, ropyov',e, (Gemin. Ptolem.), Gor-  (German.  Ianil. i. 350), Ar-nzidger  ncis znguilbus
yoanecn CapGt (Vitruv. ix. 3), G'orgonis orC (Manil.  ales (German.), Prnepes adnncc, Joris (Ov. Fast.
i. 366), Carput Gorgonis.  (Hygin. P. A. iii. 11).   vi. 196).  The principal star is named specially
12. THE CHARIOTEER,'HvOXIos (Arat. 156), &erds by Ptolemy; burt from the circumstance of
I`enioclzes (Manil. i. 369), Azrqiga (Cie. German. his placing it amnong those of the second magnitude,
Vitruv.), Aurigator (Avien.), was, according to  it has been conjectured that it was less bright in
one legend (Germlan.), EricthoniCs,                  his day than at present.
Quem primum cursn volitantem Jupiter alto            ANTINOUS. Ptolemy, wbhen noticing the stars
Quadrijugis   conspexit eaquis t    NJu. p i. 370. around the Eagle not properly includled within the
Quadrijugis conspexit equis.    MANIL. i. 370..
limits of the  constellation, remarks, Eip',v 5
According to another (Germ:an. ibid.) A5fyrtilts tlhe'Avi'yoos, which  corroborates the statement of
charioteer of Oenomaus, who betrayed his master  Dion Cassius, that Hadrian assigned a star to his
to Pelops. (Hygin. Fab. 84.)                         favourite.  Antinous, as a separate constellation,
The brightest star in this constellation (a') was  was first introduced by Tycho Brahe.
termed Al'~  (Arat. 157) by  the Greeks, who           17. THE  DOLPHIN, AEApfs (Arrat. 313), s.
pictured a goat supported upon the upper part of tie  AeX01[v, Delplsints (Cic. German. Vitruv. Manll.
left arm of the figtua, and by the Romans Capella  i. 353), Del2)zhis  (German.) was regarded  by
(Ovid. Manil. Plin.) or Cap)ra (Cic. Vitruv. Hor.  mythologists as the dolphin which bore Arion.
German. Columel.). The epithet'lXEYI, in Aratns       18. TIIE LITTLE HORSE,'hIrrov 7rpoorop, lite(164), according to the explanation of his Scholiast, rally, tlhefbre pqas tes of a horse, was unknown to
was applied because the af' rested  7rri rijs c;'XE'IS   Aratus and Eratosthenes; but appears from  the
roD'HrdoXov, andl hence Olenic, Ole01ein 2eClts, words of Geminns to have been introduced by
Oienizn asts r'17i.  Its heliacal  rising took  place  HIipparchus.  It is not noticed by Vitruvius nor
soon before the winter solstice, and thus it was  by lManilius.
termed sigcznm  ph2tvicale, whiile the legends de-    19. PEGASUrs,  I7rr7ros (Arat. 205), Ezquus (Cic,
clared that this was the very goat Amnaltheia who  Vitrnuv. MIanil. i. 355),  Sonipes, So2sipes  ales
nursed Jupiter upon  M~Iount Ida.  Both of these  (Germlan.). The legends having declared that this
points are touched upon in the couplet of Ovid:      was the steed of Bellerophon, the name Pegasus
Nascitni Olenice sig~nulm plu vinle Cpellae      (German. 305)   as employed as early as Eratosthenes to distinguish the constellations, but Aratus
speaks of it simply as the /horse.  (Ovr. ast. iii.
The two stars (g', 71') placed by Aratus (166)  450.)  The figure was supposed to represent the
and Ptolemy on the wrist of Auriga were             fore quarters onll.
TI-IE KIDS, "Epitpo  (Arat. 158), Hoeli (Cic.    20  ANDPOrALEDA,'A, PpolCi    (Arat. 197),
Vitruv. Manil. i. 372), and are said to have been  A'dioiaoedar s. And-'onzede (Cic. German. Vitruv.
first named by Cleostratus of Tenedos about ni c.  BlManil. i. 357, 363).  Andromeda was the daugh-.500 (Hygin. P. A. ii. 13).  They, as well as  ter of Cepheus and Cassiopeia, and hence the conCapella, are spoken of as lieralds of the storm.  stellation  is termed ~pehsaeis by Manilius and
(Manil. i. 372; Virg. Ceorg. i. 205, Aen. ix. 663; Germanicus (i. 443), while in consequence of her
Hor. Ccar. s. iii. 1. 28.)  The star which marks the  deliverance from the sea monster by Perseus we
northern horn-tip of the Bull was, according to  find Persea in the scholiast on Germanicus.
Vitruvius (ix. 3), called Ausrigae 2ianus, since he    21. THIE  TRIANGLE, AZsXwTjd,   (Arat. 235;
was supposed to hold it in his hand.                 Cic.), Deltottni (German. Manil i. 360), the Tpi13. THE SEarEsT HOLaDER,'OitovXos (Arat. Iywvov of Ptolemy, and hence Vitruv. ix. 3, "In75), Ophiucus (German. Vitruv.), Anzuitenens  super Arietis signum facientes stellae sutnt trigonua
(Cic. Manil. v. 384), Angcui/er (Columel. xi. 2. paribls lateribus."
~ 49), Serpentarius (Schol. German.), was commnonly regarded by. mythical writers and poets as                   Signs of the Zodiac.
Aesculapius (Eratosth. c. 6; Ov. Fast. vi. 735), and   1. THE RaiI, KpOds (Arat. 225), A-ies (Cic,
by some as Hercules, not to mention other more  German. Vitruv. lMIanil. i. 263), Laniger (Ger,
obscure legends. (Hygin. P. A. ii. 14, iii. 13.)    man. 699; Mani. ii. 546).  This was the very
14. THE SNAKRE, grasped by. and slrroultding  golden-fleeced ram which bore away Phsrxas and
I, 3




150            ASTRONOMIA.                                        ASTRONOMIA.
Ilelle from the wrath of Ino, and hence the de-  scopic. Under very favourable circumstances, howsiginations in Ovid of Phlyrxea Ovis, Pecus Atcha-  ever, one of these may have occasionally been
mantidos Helles.                                   discerned, as Hipparchus states, or, possibly, as
2. TuIE BULL, Taepos (Arat. 167), Taurzs  we know to have been the case with other fixed
(Cic. German. Vitruv. Manil. i. 264), Bos (Ger-  stars, one of them may have lost a portion of the
man. 181), was by some mythologers regarded as  lustre which it at one period possessed, and have
the bull into which Jupiter transformed himself to  become nearly or totally invisible.  Be this as it
gain Europa; according to others as the cow into  may, the disappearance of the seventh Pleiad gave
which Io was metamorphosed; in either case an  rise to a multitude of legends.  By HLesiod they
object of jealousy to Juno, as indicated by Ovid  are styled'AvXaayeves, C/hildren  of Atlas, from
(Fast. iv. 7. 7).  In another passage (vi. 712), in  whom the Roman poets adopted the expression
reference to the former idea, he speaks of him as  Atlantides, the name of the damsels (Arat. 262)
Agenoreus, while Martial (x. 51) applies the epi- being Alcyone, Merope, C'elaeno, Electra, Sterope
thet Tyrius.                                       (or Asterope, German.), Tayggete and illaia.  Of
This constellation is chiefly remarkable from  these six wedded divinities, the seventh a mortal
including within its limits two small but closely  man, and thus her brilliancy became dimmed by
packed'clusters of stars, which attracted attention  the influence of the debasing alliance.  One or
at a very early period, and are distinguished by  other of the above names is frequently employed
Homer (II. xviii. 486) and Hesiod (Erg. 615) as to denote the whole, as Taggete (Virg. Georg. iv.
the HYADES and PLEADEs, nnaes which they  232; Ov. M1et. iii. 594), M1aica (Virg. Georg. i.
still retain unchanged.                            22;5), Sterope (Ov. Trist. x. 14), and in like
The  HYraDss,   TrclOes  (Arat. 1 73), lIJFcles  manner IlAELds or'leiaS  is often used in the
(German. &c.), situated ill the forehead of the  singular.
figure (ernl ravtl yjerTi7rw, Arat.;  rrl Toa  GoV-    3. THE TWINs, AiQuleot (Arat. 147), Gemini,cpdaov, Gemin.), derived their name Sarb ToO vCelw, (Cic. German. Vitruv. Manil. i. 265).  The two
because the period of their setting in the morning  brightest stars, being supposed to represent Castor
twilight (the end of November) marked the most and Pollux.
wet and stormy period of the year.  By the Ita-    4. THE CRAB, KapMclhos (Arat. 147), Cancer
lian peasants they were denominated the sueclcle, (Cic. Vitrur. German. Manil. i. 265), called
i. e. the little swine, and hence it has been ima- Lernsaeusby Columella (x. 313), because, according
gined, but probably erroneously, that'TbEs is ety-  to the legend, it crawled out of the Lernaean
mologically connected with "rs (Plin. H. XN  xviii. swamp to attack Hercules while he was doing
26; Gell. xiii. 9).  They  set in the evening  battle with the Hydra.  The epithet Littoreus in
twilight at Rome, towards the close of the re-  Ovid (flet. x. 127) and Manilius (iii. 316) pro.
public, about the 20th of April, and hence were  bably refers merely to the ordinary habits of the
known as the sides Pariliciumn (or Paliliciumn), the  animal, and not, as Ideler supposes, to the same
Parilia (or Palililia), the festival which marked the  contest.
birth-day of the city, being kept upon the 21st.    Two small stars in this constellation (%y, a) were
Ancient astronomers were not agreed as to the  called vOmoo, Asini s. Aselli, the Donkeys, one being
number of stars included in the Hyades (see  distinguished as the northern (,Bdpemo), the other
Schol. ad Arat.). Thales reckoned two only (viz. as the southern (vo'dvos), and a nebular brighta and E), the two eyes of the bull; Euripides  ness between them, 4arm'T-, Praesepe, the Stall or
three; Achaeuls four; Hesiod five; Pherecydes  Manger.  (Arat. 894, &c.; Plin. If. N. xviii. 35 
seven.  The latter made nymphs of them, and the  Ptolem.)  These seem to form what Manilius calls
names have been preserved by Hyginus.  One of Jagulae (v. 174, and note of Scalig.), although
these, Ti/yene, is put by Ovid (Fast. vi. 711) for Jucgula is a name sometimes applied to Orion.
the whole group, which elsewhere (v. 734) he    5. THE LION*, AE'wv  (Arat. 149), Leo (Cic.
terms the Sidus Hyantis, in allusion to a legend  German, Vitruv. Manil. i. 266), regarded as the
which he had previously (v. 169) recounted.        Nemean lion slain by Hercules, and hence conStill more  important were  the  PLEIADES, stantly termed simply Ne mnaeus (e.g. Manil. iii.
IlAeoaese, fIlJxi'ades (Hom. 1. c. Arat. 255 regards  409),  The bright star now known as IRegauls, a
them  as a distinct constellation), Pleiades (Ger- name introduced by Copernicus, was anciently, as we
man. &c. &c.), a word for which various etymo- learn from the scholiast on Aratus, called gao-tmAologies have been proposed, the most reasonable itos, and marked the heart of the animal (er}l Tiis
being the verb 7rXs7., their heliacal rising and  Kcaphias). In Pliny it is Regin (H.   N. xviii. 26, 28),
setting in the first half of May and the beginning  in the scholiast on Germanicus, Tyberone, which is
of November having been the signal in the early  either a corruption, or arose from his mistaking the
ages of Greece for the mariner to commence and to  meaning of the word in Pliny, who says, " Stella
discontinue his voyages. The form  freAeLaaes, i. e. Regin appellate Tuberoni in pectore Leonis," i. e.
the flock of pigeons, probably originated in a cor- The star on the Lion's heart called BRegia by
ruption.  The Italian name was Vergiliae (Cic.), Tubero.
Sidels Vergiliarum  (Vitruv. ix. 2), derived mani-   6. TImE  VIRGIN, rlapOe'os (Arat. 96, &c.),
festly from their heliacal rising in spring.  Aratus  Virgo (Cic. German. Vitruv. Manil. i. 266), Erinotices the circumstance that they are commonly  gone (Manil. ii. 552, et pass.), was mythically respoken of as the seven stars, although six only are  garded as Aibc7, Justitia, or Astraea, or as Eqiyone,
visible, and thus Ovid also                        or as Ceres, or as Isis, or as Fortuna, the last
name being given to her, according to the scholiast
on Germanicus, " because she is a headless constelThe fact is that the cluster consists of six stars, lation."
whichl can be distinctly seen by the naked eye,    The brightest star in the constellation is called
and of several very- small ones, which are tele- by Aratus:rTdxus, Spica  (German. Vitruv.>




ASTRONOM~IA.                                       ASTRONOMIA.                   151
ISp i9nno  (Cic.), THE CORN ElAR, and this the  vidualised into C1'ironi (Haemnonii (arlus, Ov. Afet.
figure is supposecl to grasp in her left hand.    ii. 81), thus giving rise to a confusion between this
The star whirh marks the right wing (E) _was  sign and the Centaur among the southern constelrpOspTvyrs7p (Arat. 138) s. 7rpoTpsy7rTS   S. Tpu-  lations.  (Comp. Columell. x. 56; Hygin. P. A.?yr/vip, translated Proviclezmiattor, Z2insdeniator s. 11. 27.)
Vindemeitor, and is now  known as Vindesiatrir,   10. THE GOAT (i. e. the Chamois), AiydcKEpws
names which it received in consequence of rising  (Arat. 284), Aeqoceros (GerInan.), Capricornus
shortly before the period of the vintage. (Arat. 138  (Cic. German. Vitruv. Manil. i. 271), Caper
and schol.; Columell. xi. 2. ~ 24; Or. Fast. iii. (Manil. ii. 659), called also nidv by Eratosthenes.
407; Plin. H.  N.  xviii. 26, 31; Vitruv. ix. 3, Hyginus, the scholiast on Germanicus, and Isidorus,
says that the Greek name was 7rporpYETros, and  inform  us that some of the ancients represented
the Roman, Provindemlia 1lIajor.)                 this creature with the tail of a fish, and in this
7. TIIE BALANCE was by the earlier Greek as- form it is actually figured on several coins of Autronomers invariably  denominated X8Xqai (Arat. gustuss, who was born under the sign.  No notice
89), Chelae (Cic. German. Manil. ii. 544, et pass.), of such a peculiarity in shape is taken by Aratus,
THEi CLAws, i. e. of the Scorpion, which stands  Eratosthenes, or Ptolemy.
next in the Zodiac.  Gesninus, who llourished, it is    11. THE WATERMAN, rapOXdOs (Arat. 283),
believed, about B. c. 80, is, as far as we know, the  -IY/drochlsoos (Germna.), Aquzarlits  (Cic. Vitruv.
first Greek writer who distinguishes the seventh  German. Manil. i. 472), Aquitenens (German. 560),
sign as Zvyos, which is used by Ptolemy indif-  FtEundens latices (German. 388), Aequorests juvenis
ferently with XjAalt.  The term Libra, for which  (Manil. ii. 558), Ju2eenis yerens caquam  (Ov. Fast.
Cicero in one passage employs JuZugn61, was first i. 652), and simply Juveezis (Manil. iv. 709), was
formally adopted by the Romans in the Calendar regarded by those who connected the figure with
of Julius Caesar, to whom  it was very probably  mythical legends sometimes as Deucalion (German.
suggested by Sosigenes. The figure, it would seem, 568), sometimes as Gacuymedes.  (Manil. v. 487;
was derived from the East, and must be regan.rded  comp. Schol. ad Arat. 283.)
a.3 a symbol of equality introduced into the heavens    The four stars (y,, -?, r) on the right hbaml
at the period when the entrance of the sun into  were, according to Geminus, named cdA7rls, which
that constellation marked the Autumnal Equinox. is equivalent to the Latin S'itula, an Urn.
The scientific Latin writers, such as Vitruvitus,    The WATER STREAMZ, "Tawp (Arat.), XVrls
Columella, and Pliny, uniformly distinguish this  viaros, A2qua (Cic.),  }tlfitsio Aquae (Schol. Germ.
sign by the name Libura  alone; the poets use  119), which ends with the bright star, now known
either Libra or C/telae, as may suit their purpose. by the Arabic name Fosnoahand or rFosollalzant, in
M:anilius combines both into one phrase (.JzTqca  the mouth of the Piscis Australis (see Manil. i.
C/el!aru;s,2 i. 609), while the ingenious conceit by  446, and comp. Vitruv. ix. 4, quae vreo ab Aquario
which Virgil represents the Scorpion as drawinlg jfiudi memorotat A`qua profiluit inter Piscis Austrini
in his claws in order to make room for Augustus, caplst et casudaszu Ceti), is regarded as a separate
is known to every reader of the first Georgic. constellation under the name of "Ta8sp by Aratus
(Comp. Ov. Met. ii. 195.)                          (389-399), and also by Geminus, who distinIn the commentary of Theon on the Almagest, guishes it as the'Trowp 7b arnb rO'Tfpoxdou, " the
Libra is frequently represented by Af'rpa or ALirpa, Water flowing from the Waterman," in order that
a word originally borrowed by the Romans from  it may not be confounded with the constellation
the Sicilians, transformed into Librfa, and then  Eridanus, the rIorabos 6 a&rb TOV'lpiweos, " the
restored to the later Greeks in the new sense of a  River flowing from Orion."
Balance.                                             12. THE  FISHES,'IX0ves (Arat. 240) or in
8. TIIE SCORPION','Kopsrios (Arat. 85. 304), the dual'IxOVe, Pisces  (Cic. Vitruv.), Genmini
Scospius (Cic. German.), Scorpios -(Manil. i. 268, Pisces, slLbriferi duo Pisces (German.).  One of
et pass.), Srowpio (Vitruv.).  Cicero, in his trans-  these was entitled the Northern (A4quilonarisPiscis,
lation of Aratus, and Manilius, both make use also  Vitruv. ix. 3), the other the Southern Fish (Schol.
of the term Nepa, a word, according to Festus, of ad Assat. 240; Ov. Fast. iii. 401; Schol. German.
African origin, sometimes employed to denote a  Hygin. P. A. iii. 29); but in order to prevent the'corpion and sometimes a Crab (Plasit. Cas. ii. 8. 7; embarrassment which might arise from identifying
Cic. de FIin. v. 15); and thus Cicero, in line 460  the latter with the "IxOus rd'TOS, or Piscis A`usof his Aratus, distinctly indicates the fourth sign by  toalis, a constellation of the southern hemisphere,
the word Nepa, which elsewhere is put for the  Ptolemy names the northern of the two E7rdervos,
Scorpion.  Aratus names this constellation uErya  and the other?JIyovu/eLos,  a precaution by no means
&ptsov and TEpas seiya (84,402), because, according  unnecessary since Manilius actually confounds (i.
to the Grecian arrangement, as explained in the last 272) the fishes of the Zodiac with the Piscis
paragraph, it occupied, together with its claws, the  Australis.  The Scholiast on Aratus remarks that
space of two signs.  (Ov. Met. ii. 195.)          the Northern Fish was represented with a swal-'Ardpr/s, now Antares, the name given to the  low's head, anld on that account styled XeAhoovlas
brightest star, is first found in the works of Ptolemy,  (i. e. hi/rundineinzus) by the Chaldaeans, a circumand probably refers to its colour and brilliancy, ri-  stance for which Scaliger accounts by supposing
vallini thfat of (the planet) larss.              that the name was given in consequence of the
9. THE  ARCHER, TroteuVTs, -t'oEVaTp, and  entrance of the sun into this constellation, when
simply Trdov,(Arat. 306, 400, 664, 665), Sagcittarius  the swallow appeared in Greece as the herald of
(VitrLiuv.), Sagittipotens (Cic.), Sacgittifer (German.),  Spring.
Arcitenens(Cic.), and simply Arczus(Cic. German.).    The legends connected with this constellation
This bowman was supposed to be in the shape of (Eratosth. 58; Hygin. P. A. ii. 30. 41) bear rea centaur (Mlfixtus eqtso, Manil. i. 270), hence is  ference to a Syrian divinity, termed by the Greeks
frequently termled Cesltslrszss, and sometimes indi- sometimes Attargatis) a Semitic word signifying The
L 4




152:            ASTIONOMIA.                                          A.STRONOMIA.
Great Fish), sometimes Derceto, sor-metimes Derscc.    Among the itomans Jegula or Jstsgtlae seems to
This power they confounded with another Syrian  have been the indigenous appellation;  the former
goddess Astarte, whom  again they identified with  is noticed by Varro and Festus, the latter occurs
their own Aphrodite.  The story ran that when  in Plautus (ii-7lph. i. 1. 119)fleeing in terror from the violence of Thyphol, she  " Ne Jnuulae neqne Vesperugo, neque Vergilieplunged into the Euphrates, and was transformed                  n
into a fish.  (Manil. ii. 33, iv. 580.)  Avienus
terms these fishes Bombycii, for which Grotius has  but no satisfactory explanation has been proposed.
rightly proposed to substitute Bam77 cii, for Atar-  The two bright stars (a, y) under the head were
gatis was specially  worshipped at Bcalnbice or  called ILe7umezi.  (Var. L. L. vi. 3.)
Hieracpolis in  Cyrrhestica.  (Strab. xvi. p. 517;    3. TuE ERIDANUS, TIoTragds (Arat. 358), AmPlin. It. N. v. 23; Selden, de Diis Sgriis, ii 3.)   ois (Cic. German.).  Aratus remarks that it was
The bright star (a) which is supposed to form  considered as a remnant of the Eridanus,
the knot of the two bands which connects the
fishes by their tails, is by Aratus (245) named        Ahe'Hpmaio'e  oeuscacir-rov 7roreaa,
v'YSsarrlos drovpaos, by his scholiast seo,/bS  oh- that mythical non-existent (Trhbv ti' al-Lov O ys UvTra,
pates, by Geminus and Germanicus simply  bVhieo-  Strab.} stream  which proved a fiuitful source of
-toS, terms variously translated  ANodC s  (Cic.),  speculation in ancient as it has done in modern
iNoduesPisciusa (Vitruv.), Nodus coelestis (Avien.),  times.  The Romans identified the Eridanus with
Conmissura pisciesn, (Plin. xviii. 31).  The bands  the Po; and hence while Cicero employs the former,
themselves are called in one passage of Aratus  Germanicus uses Eridanus and Padus indifferently.
(362) AEo'/ol  otpait, mlore commonly Arevo  or  (Comup. Vitruv. ix. 4.)  From  Eratosthenes, the
Ale/a, the Vincla of Cicero and Germanicus, the  Scholiast on Germanicus and I-Jyginus (P. A. ii.
Alligaenzcntznm lintecum of the scholiast on the latter.  32), we learn that this constellation was by others
From  Vitruvius (ix. 4) it appears that the  called the Nile, that being the only earthly river
sprinkling of indistinct stars between the Fishes  which flowed from the southl towards the north, as
and the Whale, was called by the Greeks'Epeu-  this stream of stars appears to do when rising above
a6v-q, a word explained by -Iesyclius to mean Tvss  the horizon.
juvps'yv &miryepwe, Xsrrly.                            4. THE HARE, Aa'ywo',  (Arat. 338), AaTys,
Lepus (Vitruv. ix. 4), Levipes Lepus (Cic.),.Auritlzs
Soeuthlers S~igis.                 Lepss (German.), Teleo  Loelzls (Manil.).
1. THE  WHALE, Kr-ros (Arat. 353),'OpQ>bs    5. THE GREAT Doe, K'wv, Ieiplos (Arat. 326),
(Jul. Firm. Astron. viii. 17), Cettes (Vitruv. ix. 4; Canis (Cic.), Canis Sirius (German.). Aratus (342)
Manil. i. 440), Pristis (German. 644; Manil. i. employs the phrase /uEydXoto Kvvo's, but the epithet
363), Nereia Pistais (German. 714), Neptuenias  must be here understood to refer to the magnitude
Pistrirx (Cic., comp. German. 709).  The last three  of the principal star and not to the constellation
designations  are  different forms of the  Greek  Pr'Oyon, which the Greeks never call the Little or
1p7iru's, which Sulidas interprets to signify e ros  Lessers Dog.
KrTOVS aaXaeasr'iov.  This was the sea-monster, ac-    The most important star in the Great Dog, percording to Aratus, sent to devour Andromeda.         haps the brightest in the heavens, was frequentlv
2. OnioN,'lpicw' (Arat. 322),'-eapiswv  (Pind.  specially named  Ktuwv, sometimes emphatically
Callim.), Or'ionz (Cic. German. Vitruv. Manil. i.   o' -Tspo01, and by the Romans Canis or Canicula,
399), Oarion (CataTll. lxv. sub fin.), Prsoles tyr1iea  but is more frequently designated by the appellation
(Ov. Fast. vi. 719, comp. v. 495). Argioe in Julius:eepsos. Siriszs, which occurs four times in Hesiod
rFirmlicus (-viii. 9), is prolbably a corrupt form  of  (Erg. 417, 587, 619, Sczut. 397), although, in the
Oarion..                                             first of these passages, the sun, and Ilot a fixed
This is one of the oldest constellations, being  star, is probably indicated.  Indeed the word seems
noticed in Homer (xviii. 486) and Hesiod (Erg. to be properly an adjective, signifying glitteriny cr
598, 615, 619), both of whom employ the expres-  brighlt; and  Eratosthenes remarks (c. 33), that
sion odevo's'lptcvos.  The figure was supposed to  astronomers were in the habit of denominating other
represent an armed warrior (tL)eOS 1~qt 7re7rotOcas, stars.e~pieovs  aRl  v T'rIS 0Aoeybs mC[Yru tv. Homer
Arat.), grasping a shield in his left hand and a  twice (11. v. 5, xxii. 25) alludes to this star withclub in his right (moann laeva tonens clipezoes, clam- out naming it, in one passage with the epithet:cam altera, Vitruv. ix. 4), with a glitterinlg belt, 037rpivods, which will be discussed hereafter.
from  which a sword depended (Balcteus Orionis,    About four hundred years before our era, the'Vacina, German.; Enssis, Cic.).  The origin of the  heliacal rising of Sirius at Athens, corresponding
Iname is quite munknown, the ordinary derivation  with the entrance of the sun into the sign Leo,
frorn oupov, to  which a mythical legend  was  marked the hottest season of the year, and this
adapted, being altogether unworthy of attention.  observation being taken on trust by the Romans
The morning setting of this remarkable claster,  of a later epoch without considering whether it
about the beginning of Novenlber, pointed out in  suited their age and country, the Dies Canicueclres
ancient times to the husbandlman and the mariner  became proverbial among them, as the Dog Days
the approach of the most stormy period of the year.  are among ourselves, and the poets constantly refer
(Hor. Cares'. i. 28. 21, Etjod. xv. 7, C~zerms. iii. to the Lion and the Dog in connection with the
27. 18, Epod. x. 9; Virg. Ael. i. 535, iv. 52.)    heats of midsummer.
An anonymous Greek writer quoted by Scaliger    6. THE LITTLE DOG, IlpOcui'w  (Arat. 450),
declares that the popular name for Orion was  Procyon (German.), or, literally translated, Awlte-'AEsrpoa'droA, which seems a corruption of'AAseu-  canessa  (Cie.), Antecanis (schol. Gernman.), so called
rpoer4Siov, i. e. Cocks-foot, and Ideler thinks that  because in Greece the constellation  in question
we can, without any great stretch of fancy, trace a  rises heliacally before the (Great) Dog. The names
reseemblance to a fowl strutting along.  -..    Ansteccstis anmd   steccoleMl, horweer, do not appear
L~V~~YLI~ICU~VV   V CU ~V rr r yA  4ecanis                         howe.~




AS TRONOMIA.                                       ASTRONOMIA.                    153
to hvave been generally adopted, for Pliny (1I.'.A  This star, as the words of Vitruvius indicate, was
xviii. 28), when speaking of Procyon, remarks, not visible in Italian latitudes.
"quod sidus apud Romanos non habet nomen,    Cicero, in addition to the rudder, distinguishes
nisi Ca'niczdam hanc velimus intelligi, hoc est, mineo- the mast (snalhTn) also, " radiato stipite malumo."
remn canem at in astris pingitur," words which do    8. TI-IE WATER  SNAKE,'"rapi (Arat. 444),
not necessarily imply that Procyon ever was ac- "Td pos (Eratosth. Gelin. Ptolen),  Iydr-a (Cic.
tually termed C4aoiczlda by the Roman writers, Germ. Hygin. Avien.), Hydros (Germ.), Angei s
although this was certainly sometimes the case if (Vimtmv. ix. 4; Ov. Flast. ii. 243; Manil. i. 422.
we can trust the express assertion of Iyginus, See also Serv. aCd  Virg. Geeoy. i. 205; Hygin.
" Canem  (sc. Icarii) autem  sun adpellatione  et P. A. ii. 40, iii. 39).
specie Caniculaw7  dixerunt, quae a Graecis, quod    9. THE Cup, Kpdr-qp (Arat. 448), Crater (Gerante majorem canem exoritur, wrpocoiv, adpellatur "  nlan. Vitruv. Manil. i. 424), Fulgenis Cratera
(P. A. ii. 4).  A  passage in Pliny (I-. N. xviii. (Cic.), Ur7a (Schol. German.).
69. ~ 3), would at first sight appear to be decisive:    10. TIlE RAVEN or CRow, Ei'3wXov tcopaKos
" IV. Kalendas Maii, Canis occidit, sidus et per (Arat. 449),  Corvwts  (Cic.  German  Vitruv.),
so vehemens, et cui praeoccilders Caniculam neeesse Phoebo sctcer atles (Manil. i. 424).
sit."  But since we know that in Northern lati-    The Cup land the Raven were represented as
tudes the Great Dog not only rises after, but also  standing upon the back of the Water Snake, and
sets before the Little Dog, it is evident that, unless the whole three are grouped together by Ovid
we suppose Pliny to be involved in inextricable  (Fast. ii. 243) in the couplet:confusion, Caniczla cannot here signify the sign    Continuat loco tria sidera, Corics et Angels,
Procyon.  The explanation generally adopted, al-        Et medius Crater inter utrumclqe jacet.
though somewhat forced, is that a reference is
made to the practice of offering a dog in sacri-    11.THE CENT.AUR, KErTauVpor (Arat. 431, 436),
fice on the Robigalia.  (See Ov. Fast. iv. 936,'I7r7rrra (p'p (Arat. 664), Xesppwv, (Eratosth.), CCr'&c.; Columell. x. 342, -and the commentators on  taurlus (Cic. Vitruv. German.), Gemzinzs Bifbrm72is
Pliny.)                                            (German.), Sonipes (German.), Duptici Centaurmus
While, as on the whole seems probable, Procyon  imagize (Manil. i. 425), C/i/-on (German. 418,
was sometimes. termed Canicula by the Romans, so  624).  By Ptolemy he is represented with a th'ron the other hand, the star Sirius seems to lhave  sus in his hand, and these stars were, as we are
been occasionally called  Iporcubcov by the Greelks  told by Geminus, formed by Ilipparchus into a disbecause he rose before the rest of the constellation  tinct constellation under the name O~vpvo'AYXos.
to which he belonged.  (See Galen. Cow1nenzt. in    12. THE WOLF, Orpifov (Arat. 442), Bestia
IIizppocrat. Epidens. i.)   We cannot, however, (Vitruv. ix. 4), Htostia (Itygin. /P. A. ii.- 38).
attach this meaning to the words of I-Iorace (Coarmu. This, according to Aratus (I. c.) was. a wild beast
iii. 29. 18) -                                     grasped in the hand of the Centaur, but it received
no name from the Greeks or Romans.
jam Procyon fuirit-             13. THE ALTAR, OvTr'puov  (Arat. 403),`Ara
Et stella vesani Leonis -              (Cic. German. Manil. i. 428), A4]ta Altctria sacris
for the appearance of Procyon would to his country-  (685), according to Geminus and Ptolemy Ovduamen be in reality a more sure indication of the  Tmrptor, translated  itir-ibUluiZe by Germanicus and
hottest season than the rising of the Greater Dog.   Vitruvits (ix. 4).  The scholiast on Germanicus
We have already intimated that the Greeks  furnishes two other names, Sacrcriunie and Phaorus.
designate the two constellations simply as Kvwv  In the legend preserved by Manilius (i. 428), it
and lpoClcu'V, not as the Greater and Lesser Dog,  was the altar erected by Jove when. heaven was
a distinction which prevailed among the Romanus, invaded by the giamnts.
as we perceive clearly from  Vitruvius (ix. 4):    14. THE SOUTIHERN CROWN.  Not named by
" Gemino anutem minusculus Canis sequitur contra  Aratus, who merely remarks (401) that under the
Anguis caput: Major item sequitur Minoreom."       fore-feet of Sagittarius are some stars sweeping
When Bontes was regarded as Icarius, and  round in a circle (ecwcTol KmtcAp), but to these
Virgo, as his daughter Erigone, Procyon became  Geminus and Ptolemy give the specific name of
MIlaera, the dog of Icarius.  (Hygin. P. A. ii. 4;:rTlaVos YdrTos.  In consequence of no legend
comp. Or. Fast. iv. 940.)                          being attached to the group, Germanicus (388) de7. THE SHIP Anro,'Apy,  (Arat. 342), A`i4o  scribes it as
(Cic. Mamnil. i. 420), XNavis (Cic.), Ayro NrVis                        sine honore Corona
(Cic.), 1NoEv/.s  qica  lziom/lactcr  A1go (Vitrurv.),   Ante Sagittiferi multum pernicia crura.
Argoa f2uppis (German.).  Rcitis Hlerou  (Manil.
v. 13).  Like Pegasus and the Bull, it was sup-  (Comp. Hygin. P. A. ii. 28.  Manilius takes no
posed to represent only one half of the object notice of it.)  Gemitmrms has preserved two other
(,rUlETiOUos), the portion  imaely of the vessel be- names, Ob'pavlrtcos and KIpvce7oY; the former
hind the mast (oarbVi 3Xdaoo-a Kam" a-'TbT, Arat, Martianus Capella renders by Coelz/eu72, the latter,
605. Piuppe traitar, German.).  The brightest used by Hipparchus, denotes a herald's wand of
star was by Eudoxums and Aratus (351, 368) dis-  peace.  Others, according to the scholiast on Aratinguished as m7radX;tozv (gelbernaeulum, Cic.), the  tus, regarded it as Ixion's wheel ('IrodYos TPOXdv).
rudder, instead of which Kavwoos (stella acaopi    15. THE  SOUTHERN   FISH,'IxObs  Vo'rtos
quae /i/s regioni/tus est ignota, Vitruv. ix. 4), a name  (Arat. 387), Piscis Notius (Manil. i. 445; Ilygin.
which appears first in Eratosthenes (c. 37), and  P. A. iii. 40), Piscis Australis (Cic.), Piscis
Hipparchus, becanme general.  According to the  Auslirints (Vitruv. ix. 4; Columell. xi. 2).
Sr.holiast on Germanicus, it was called also Ptole-    It appears from  Eratosthenes (38), and the
maeon, or, as Martianus Capella has it, Ptcleniael.s, scholiast on Germanicus, that it was styled also
in honour, evidently, of some EgyptianI  monarch.'lXOis g.Tyas, Piscis mlrtnlapis.          _




154           ASTRON OMIA.                                      ASTRONOMIA.
Before quitting this part of our subject, we  as well as th3 date, but one day later than that
must add a few words on                          fixed by Ovid, we can scarcely doubt that he, as
GContase Bereeices; Bea-renices GC9riis. JIailvies.  vwell as the poet, believed luilvus to be a" Stella."
1. THE  HAIR  OF  BERENICE, fA4KOS S.   II. RuSINGS AND SrETTIGS OF THE FixED
STARS.
Bo'TrpuXos Bepov /Kis (Callim. Schol. ad Arat. 146),
Coma Berenices (see Catull. Lxv.) was, as we have    A  nation like the Greeks, whose climate perseen above, formed by Conon out of certain unap- mitted them to watch their flocks by night during
propriated (&ajopgpwroi) stars behind the Lion's  a considerable part of the year, could not fail to
Tail, in honour of Berenice, the wife of Ptolemy  remark that certain fixed stars appeared and disEuergetes, and afforded a theme for a compli- appeared in regular succession, as the sun passed
mentary elegy by Callimachus, of which we pos- through the different stages of his annual career.
sess a translation by Catullus.  The constellation  Accordingly, we find, that as early as the time of
being unknown to Aratus, is not alluded to by his  Hesiod, the changes of the seasons, and the more
translators, Cicero and  Germanicus, nor is it important operations of agriculture, were fixed with
noticed by Manilius.  When Pliny (II. N. ii. 71)  reference to the risings and settings of Orion, the
observes " Septemtriones non cernit Troglodytice, Pleiades, the Hyades, Arcturus, and Sirius. Such
et confinis iEgyptus: nee Canopum  Italia, et observations were in the first instance extremely
quem vocant Berenices Crinem; item quem sub  rude; but after Thales had turned the attention
Divo Augusto cognominavere Caesaris Throlon,  of his countrymen to scientific astronomy, these
insignes ibi stellas," it is much more probable that celestial phenomena were determined with great
he committed a positive blunder, than that, as  care and accuracy: tables were drawn up in which
some have supposed, he intended to indicate under the risings and settings of the more brilliant stars,
the name of Berenices Crinem some southern sign  with reference to the sun, were fully detailed, toto which no one else makes any allusion.         gether with such notices, touching the winds and
2. We find in Ovid (Fast. ii. 793) the following  weather to be expected at the different epochs, as
couplet in reference to the night of the 17th of experience suggested.  Copies were engraved on
March:                                           stone or brass, and, being nailed or hung up in the
Stella Lycaoniam. vergit declivis ad Arcton    smarket-places of large towns and other places of
Alrl'lius..n Haec illa niocte videnda vnri public resort, received the name of 7rapar7ryu,-ra.
Two catalogues of this description have been preand in Pliny (H. N. xviii. 65. ~ 1), " Caesar et served  which  are valuable, inasmuch as they
Idus Martias ferales sibi annotavit Scorpionis oc- frequently quote the authority of the early Greek
casu: XV. vero Kalendas Aprilis Italiae Milvum  astronomers, Meton, Euctemon, Eudoxus, Calippus,
ostendi: duodecimo Kalendas Equum occidere ma- &c. for their statements.  The one was drawnI up
tutino."  In the first of these passages we find a  by Geminus (fl. B. c. 80), the other by the fanmous
constellation named Mfilvlis or the Kite described  Ptolemy (A. D. 140).  In the former the risings
as one of the northern signs, or at least as a sign  andl settings of the stars are fixed according to
visible in Italy, and the period of its rising fixed  the passage of the sun through the signs of the
to the 17th of March. The words of Pliny, although  zodiac; in the latter they are ranged under the
more ambiguous than those of Ovid, would lead us  months and 3years of the Julian Calendar.
to suppose that he was quoting this, as well as the    The practice commenced by Hesiod was followed
preceding observation, from the Calendar of Caesar; by subsequent writers upon rural economy, and
but the abruptness of his ordinary style is such as we accordingly find numerous precepts in Virgil,
to prevent us from affirming this with certainty.    Columella, and Pliny delivered with reference to
Now no Greek and no other Roman writers  the risings and settings of the stars, forming a
mention any constellation bearing the above name, complete Calendarium Rusticum.  Ovid has comnor can we adopt the explanation of Grotius, who  bined the Fasti of the city with these Rural Alsupposes that the Swan or the Eagle is indicated, manacs, and has thus gained an opportunity of
for the rising of these signs is removed by three  enlivening his poem  by recounting the various
months from the period here fixed.  Ideler has, in  myths attached to the constellations.  Indeed it
all probability, discovered the solution  of the  would appear that Caesar, when he reconstructed
enigma.  In the Parapegma of Geminus, a phae- the Fasti of Rome, included the risings and setnomenon described by the words'IKc'ros (paiFveal, tings of the stars, since Pliny frequently quotes the
i.e. Milvus apparet, is placed by Eudoxus thirteen  authority of Caesar for his statements on these
days before the vernal equinox, and by Euctemon  points.  Thus the Fasti of Ovid may be considered
and Calippus respectively, eight days and one day  as a commentary upon the almanac in common
before the same epoch, while Ptolemy, in his  use.
4Idacrs e,7rXavev, marks under the 12th of Phame-    The early Grecian parcepegmata, were undoubtnoth (i. e. according to Ideler 8th March), ElvdioT  edly constructed from  actual observation in the
XEXbmv Kai LKtros cpaliveT'ra.  Bat the brCTYmOS, countries where they were first exhibited, and must
rendered mlilvzis by the Latins, was, as we are  therefore have completely answered the purpose
told by Aristotle (UI. A. viii. 16), a bird of pas- for which they were intended.  But this does not
sage, and hence the arrival of the it'eKTOS, like that by any means hold good of the corresponding
of the swallow, took place at and served to mark a  compilations of the Romans, who, being little
particular seaso'n of the year.  Ovid and Pliny, versed in astronomy themselves, copied blindly
being ignorant of this fact, and fininrg in the  from others without knowled-ge or discrimination.
calendars which they consulted the words Lfiivus    It is necessary to attend to two facts: —
apparet, took it for granted, without further in-    I. The time of the risings and settings of the.quiry, that Jfilucts was the name of a constellation;  fixed stars varies for the same place at different
for rwh:ran we consider the context of the naturalist,  epochs.  Thus the Pleiades which at Rome rose




ASTRONOMIA.                                          ASTRONOMIA..                    155
along withl the sun on the 16th  of April, B. c. 44, cQalvotv,    P. -  Occasus.latutinus -Appalrens.
rose with the sun at Rome several days earlier in  First visible setting of a star before sunrise.
the age of Meton, and do not now rise with the          (5) A'vo:s  a7rEptia (arvo/Usy, G.-'Eac7repa
sun at Rome until several days later.  This is  EsrsaTruavoLs,atvoimEye, P. —OccasZus Vesjpe/tius
caused by the precession of the equinoxes.           Apparens s. Occasus Ieliacus.  Heliacal setting,
2. The time of the risings ard settings of the  i. e. Last visible setting of a star in the evening
fixed stars is different on the same day in places  twilight.
whose latitude is different.  Thus, in the year    With regard to the above technicalities we must
when the Pleiades rose along with the sun at  observe
Rome on the 16th of April, they did not rise along      1. That Geminus (I. c.) draws a distinction be*
with the sun at Athens until the 22d of April.       tween  the  words   YarvoAk1  and  &,rMro7h.   By
Too little attention was paid to these consider- id.varoX1 hle understands the rising of a star conations by the Roman writers; and consequently  sidered simply with reference to its elevation above
we not unfrequently discover that they combined  the horizon, which takes place once in twenty-four
the observations of astronomers who lived at times  hours in consequence of the diurnal motion; by
and places remote from them  and from each other  e7rsroAi4, the rising of the star considered with rethat calculations made for the latitude of Athens, ference to its distance from the sun, which depends
or of Rhodes, or of Alexandria, 300 years before, upon the sun's place in the ecliptic.  As to the
wvere adopted at once and transferred to their  settings of the stars, he would make  eIOLs the corcalendars without change or modification.            relative of &veaoAX  and Icp,4Is of E7rToX; but to
Another source of confusion is a want of pre-  this last definition he does not himself adhere,
cision in specifying the different kinds of risings  since he constantly employs ualots to denote the
and settings, which ought always to be most care-  setting of a star, when considered with reference
fully distinguished from  each other by appropriate  to its distance from the sun.  Ptolemy, while he
scientific terms.                                    includes all the risings and settings under the
The risings and settings of the fixed stars, when  general designation of lbdo'ets  &rAxarsiv, endeavours
considered with reference to the sun's place in his  to introduce an improved nomenclature, by vary —
orbit, may be arranged under eight heads: -          ing the preposition according as the star rises or
(a) When a star rises at sunrise.                 sets along with (aTh), or before (7rp6) or after
(b) When a star rises at sunset.                   (s7r[) the sun, but pays no regard to the rule of
Wc)  Then a star sets at sunrise.                 Geminus with respect to &va7oXA  and E7r'oX15.
(d)  When a star sets at sunset.                     2. Two terms, in addition to those set down
(a) When a star rises shortly before the sun so  above, are commonly  employed  by  writers on
as to be just visible in the morning twilight as it these  topics, the CosMICAaL rising and  setting
ascends above the horizon before its rays are over-  (Ortus Cos2icus, Occasits C.), and the AcRorNx —
powered by the light of the more brilliant lu-  CHAL rising and setting (Ortus Acronychus, Ocminary.                                              casus A.).
(/3) When a star rises shortly after sunset so as    The epithet Cbssmices, as applied to this subject,
to be just visible in the evening twilight as it  first occurs in a note of Servius on Virg. Geoyg. i.
ascends above the horizon.                           218, "ortus et cecasuts duo sunt: unus'A.atds(y) When a star sets shortly before sunrise so  id est, solaris; et alter teocuKrT6s, id est, mundanus:
as to be just visible in the morning twilight as it unde fit ut ea signa qnae cum sole oriuntur a nobis
sinks below the horizon.                             non possint videri; et ea, quae videmus, quantum
(8) When a star sets shortly after sunset so as  ad solls rationem  pertinet, videantur occidere."'
to be just visible in the evening twilight as it  Modern astronomers have for the most part (see
sinks below the horizon.                             Petavius, Varr. Diss. p. 3, ed. 1630) adopted the
The names by which these, taken in order, are  phrase Ortus Caosmmicus to indicate the rising marked
discriminated by the Greek astronomers Geininus  (a), that is, the Ortus  lieatutiznus Veus, and Oc(Isagog. cap. xi.) and Ptolemy (A/lcath. Synatax. viii. casus Cos7nicus to indicate the setting marked (c),
4) are the following:-                               that is, the Occasus Matutinus Verzts, but Ideler
(a)'ErlTroX4jl Ea ahA tOv17, G. -'E'Ca rUvvra- (Historische Unl-ersuchlunen, &c. p. 311), while he
roAj &arOLZvJ, P. -  Ortzs Alatuetinzis Verus. True  interprets Osetus Cosmiczs in the sense usually remorning rising.                                      ceived, applies Occasts Cosmicus to the setting
(b)'Erroch7  Eo7repfa a&XrlJvOi, G. -'Eo-7repia  marked (y), that is, to the Occasus JLiatutiZLus
arvvaaTroNXl a&,Oiv'i, P.-Ortus Vespertinuis TFest-s. Ajpal ens.
True evening rising.                                    Again, the epithet dacpo'vvXos appears to be
(c) qAuois iEca da'xvm5, G. -'Eda orrvyaTda-  first used by Theophrastus (De Signis Pluv. et Vent.
&uets daAhv1Op', P. —  Occasus Mattztinus  Vetus. cap. i. ~ 2) where dva'ToXal aticp6YvXo1 are alone
True morning setting.                                mentioned, and are distinctly explained to ilean
(d) AValrS  Eaorepta  daAX70zv, G. -'Eao'repla  the rising of a star at sunset, that is, the Ortzes
auyIcaT Iva rr  asOmvij, P. -  Occasus Vespesrtinus  Vespertinus Verus marked (b), and in this sense
1Verzs.  True evening setting.                       the phrase Ortus Acronyclhus is found in the trea(a)'EwrrLoTX  EY.a  mavofci'vl, G.-'Eea irpoava-'tises of Petavius and others who employ also the
TroakJ  oaLV0cEmq, P.-Orts8 ialatutius Apparens expression Occasus Acronychus to indicate the sets. Oitus Heliacus. Heliacal rising, i. e. First visible  ting marked (d), that is, the Occasus Vispe/etinus
rising of a star in the morning twilight.            Verus. Ideler concurs in the latter, but interprets
(/3)'E7rsroAXj  ea-repfa ipaiVoEYu', G. —'Eorepta  Ortus Acronychus to mean the rising marked (/3),
&rayvaroAM   pa'!rotAErV,  P. -  Ortus  Vesperinus  that is, the Ortus Vespertinus Apparens.  This view
Apparens.  Last visible rising of a  tar after  is certainly at variance with the words of Theosunset.                                              phrastus, which are quite explicit and are cor(y) AaRs Ealia (pawvoEt'lV, G.-'ESa?. rpd6vus  roborated by Julius Firmicus (ii. 8); but on the




1f56           A STRON M03,I A.                                    ASTRONOMIA.
other hand in the Parapegma of Geminus, in the  could arise from the heliacal risings of the extreme
observations ascribed to Eudoxus, a&Kpd&,Xos    is  portions being separated by an interval of some
the general term applied to all evening settings, and  weeks, as was the case with Orion and others
most of these unquestionably refer to the apparent  stretching over a large space in the heavens, in
phenomena. Euctemon again makes use of Eo7re-  treating of which it became necessary to specifyr
pLos to express the same meaning.  The words  particular portions of the figure, as when we read'AptcrT'pos  apovvXos p rpo'xts 8L6eL under Scorpius  "' Orionis humerus oritur;" "Gladius Orionis oc
d. 8. are probably corrupt.                        cidere incipit;" Orion totus oritur," and so forth.
Under these circumstances to prevent all con-  In the following quotations, the words Fidis and
fusion or ambiguity, we have altogether passed over  Fidicula seem to be absolutely synonymous, there
the terms Cosmicsss and Acronychus in our table, being no reason to believe that the latter was apbut have retained Heliacuzs, which, like Cosmics, plied exclusively to the peculiarly bright star which
first occurs in the passage quoted from  Servius, in the catalogues of modern astronomers is a Lyrae,
but is applied uniformly by subsequent writers to  the 6 Aaeunrpbs riis Avpas of Ptolemy, although to
the phenomenon marked (a) and (3), and to no  this in all probability most of the observations were
others.:                                       directed.  We shall set down in regular order
3. Pliny (M. N. xviii. 25) proposes to desig-  first the settings and then the risings.
nate by Emersus, what we have called the Heliacal Rising (a), because the star then for the                    Settings of Lyra.
first time emerges from  the sun's rays, and by    (1) Pridie id. Aug. (12 August) Fidis occidit
Occuitatio, what we have called the Heliacal Setting  mane et Auctumus   ncpit.  Co(. xi. 2. ~ 57.
(8), because this is the last appearance of the star,    According to Pliny (xv.  59), the settin   O
which is forthwith obscured by the sun's rays, but Fidicula (ic e occeln s) marked the conmmescethese terms do not appear to have been ever gene- mFnt of iutumn,  and took place on the forty-sixth..ly received..ment of autumn, and took place on the forty-sixth
rally received.                                    day after the solstice, that is, on the 8th of Augulst,
4. It is manifest that of the eight phenomena, if   include, ccodi  to the  oman  method of
named above, the first four are purely matters of comptation,  e        24th of June, the d.a from which
calculation, since the true risings and settings never  hereckoned.   In  a sbseuent chapter (68. ~ 2) ie? 1                     1 s D rr 1 he-reckoned. In a subsequent chapter (68. ~ 2) he
can be visible to the naked eye.  These then
states that the phenomenon in question took place,
ought always to have been, and for some time al- according  the   alenoer of Cnesr, on the Ipth of
ways were, excluded from Lrural calendars intended       n     th'teseof p tie  men..  We find, however, August, but that meore accurate observations had
>for the use *f practical men. ~ 5'e  find, homever, fixed it to the 8tl, and this he soon after repeats
from the fragments of Calippus, preserved in the  (69.   4
Parapegma of Geminus, when verified by compu-    (2.) XIII.                        0 August) Sol in
tation, that this astronomer had substituted the. e. 20 August) S
Virinem    transitum   facit.. hoc eodem  die Fidis
true risings and settings for the apparent risings  Vigiem transitm  facit... hoc  odem  die Fiis
1true risings..  1s.r te    5t 1ri     occidit. -  X. Kal. Sept. (23 August) ex codm
and settings, which were there mnarked in the tables
of Enctemon, Meto  and Eudox*s.  ce *r TT sidere tempestas plerumqlue oritar et pluvia.  Coof Eluctemon, Meton and Eudoxiins.  Hence, great   nell. xi..    8.
caution would become indispensable in quoting    (3.) X..                     )      Fidicula esfrom different authorities, or in advancing an orn-    re occidit, dies pluvins. C.2 ssnett. x. 2. ~ 5.
ginal statement.  If the rising of a star was named  p, d.
ginalsttement.f r. a..     Ovid places the setting on 23rd of January.
it would be necessary not only to specify whether
it was the amorning or the evening rising, but also    Fulgebit toto jam Lyra nnlla polo. Fast. i. 653.
whether the true or the apparent rising was indicated, and to proceed in like manner for the setting  (4.) III. ill. Feb. (30 January) Fidicula ocof a star.  Now,and then we find in Columella and  cidit.  Coloss7Cll. xi. 2. ~ 6.
Pliny some attempt to preserve accuracy in one or    (5.) Kal. Feb. (1 Februarr) Fidis incipit ocother of these essential points, as when the latter ob-  cidere.  Ventuss Furinus et interdus  Auster cnn
serves (xviii. 74): "Pridie Kalendas (Nov.) Caesari gradine est.  C'onell. xi. 2. ~ 14.
Arcturus occidit et Suculiae e oswiuntizss eCss sole,;"    Il. Non. Febr. (3rd February) Fidis tota oc"XVI. Kal. Octob. 2Egypto Spica, quam tenetVirgo, cidit.  Cotlnell. Ibid.
exoritur matlltino, Etesiaeque desllnunt. Hoc idem   Ovid, without alluding to what he had said beCeesari XIV. Kialendas XIII. Assyriae signifi- fore, remarks on the 2nd  of February  (Fcst.
cant;" and even in Virgil, as when he defines  ii. i3):
the 2norznin2g settisng of the Pleiads: "Ante tibi    Illa nocte aliquis tollens ad sidera vultulm,
Eoae Atlantides abscondantur;" but for the most        Dicet, ubi est hodie, quae Lyra fulsit heri?
part both in prose writers and in poets, everything is vague,and unsatisfactory; risings and    Pliny has (xviii. 64) " Et pridie Nonas Februsettings of all descriptions, calculated for different arias (4th February) Fidicula vesperi (sc. occidit).
epocihs and for different latitudes, are thrown together at random.  In order to substantiate these                   Risins of Ly6i.
charges, we may examine the statements contained    (6.) IX. Kal. Mai. (23rd April) prima nocte
in Columella, Ovid, and Pliny with regard to Lyra, Fidicula apparet, tempestatem significat. ColZnEell.
a constellation to which considerable importance  xi. 2. ~ 37.
was attached by the Romans, since the beginning    VI. Kal. Mai. (26th April) Bceotiae et Atticae
of Autumn in the calendar of Caesar was marked  Canis Vesperi occultatur, Fidicula mane oritur.
by its (true) morning setting.  It will suit our Plin. xviii. 66. ~ 1.
purpose particularly well, because from  its lilmited    (7.) Ovid (Fast. v. 415) names the 5tlh of May
extent every portion of the constellation became  as the day on which Lyra rises.
visible, within two or three days after the appear-    (8.) III. Id. MIai. (13th May) Fidis mane ex-:
ance of the first star; and heuce no ambiguity  oritur, significat tempestatenm. Colunmell. xi. 2. ~ 40,




ASTRONOMIA.                                        ASTRONOMIA.                  157
III. Id. Mlai. Fidiculae exortus. Pin. xviii. G67. - evencg srising at Rome on 22d April, and'to this,
~ 3.                                               therefore, the statement of Columella, from  whatId. Mai. (15th May) Fidis mane exoritur.  ever source derived, must, if accurate, apply.
Columell. xi. 2. ~ 43.                             Pliny has here fallen into a palpable blunder, and
(9.) III. Non. Novemb. (3rd November) Fi-  has written zmane for vesperi.  In fact he has
dicula mane exoritur, hiemat et pluit.  Colznzle/.  copied, perhaps at second hand, the observation of
xi. 2. ~ 84.                                       Eudoxus with regard to the Lyre and Dog (see
(10.) VIII. Id. Novemb. (6th November) idem   Parapeg. of Gem.), except that he has inserted the
sidus totum exoritur, Auster vel Favonius, hiemat.  word zmane where the Greek astronomer simply
Colamell. Ibid.                                   says xApa E7rtzEAXAL.
(11.) XVI. Kal. Dec. (16th November) Fidis    (7.) This will agree tolerably well with the
exoritur mane, Auster, interdnm  Aquilo magnus. true evening rising at Alexandria for the Julian
Co/umell. xi. 2. ~ 88.                             era, but is twenty-one days too late for the appa(12.) Non. Januar. (5th January) Fidis esx-  rent evening setting at Rome, and thirteen days too
oritur mane: tempestas varia.  Columell. xi. 2. late for the truoe evening settingc.
~ 97.                                                (8.) Here all is error.;We must manifestly
substitute vespere  for mazcne  in both passages of
Institerint Noaae, mis:ise tibi nuhibus Ctl,    Columella; but even thus the observation will
Si     dunt imbres exoriente  Lra.  not give anything like a close approximation to any
OvID. Fast. i. 315. r
rising of Lyra either at Rome or Alexandria in the
Pridie Nonas Januarias (4th January) Caesari Julian age.
Delphinus matutino exoritur et postero die Fi-    (9.) Copied verbatim  along with the accomdicula.  Plin. xviii. 64.                          panying prognostic of the weather, from the ParaThe total disregard of precision in the phraseo- pegnma  of Geminus,  where it is ascribed to Euclogy employed in describing the above appearances  temon.  The day, however, corresponds closely
is evident in almost every assertion, but the con- with the 1celiacal risi2ng, which took place at Rome
fusion may be considered to have reached a climax  on 5th of November.
when we read the words " Fidis (or Fidicula) esx-    (10.) Copied along with the prognostic "hieoritur mane," used without variation or explanation  iat" (IgCl 6 dp XEII/EpiOS  lyesria  &LS  Inrl'
to denote a phenomenon assigned to the 26th of 7roXX&a) from the samle compilation where it is asAppril, the 3d and 15th of May, the 3d and 16th  cribed to Democritus, who fixed upon this day for
of November.   By examining each  paragraphl  the true morning rising (XApa e7rgcdAAXt Ei  ita  MAf.
separately, we shall be still more fully convinced  dvxoXovsrz).  At Rome this rising fell upon 23d
of the carelessness and ignorance displayed.       of October.
(1.) The trZte nzorssi2g setting of Lcida Lyrae    ( 1l.) Copied again from the same source, where
took place at Rome in the age of Caesar, on the  it is ascribed to Eudoxus. Here the observation call
12th or 13th of August, and therefore the Calendar  in no way be stretched so as to apply to Rome.
of Caesar here followed by Columella was more ac-    (12.) This, like the last, can in no way be made
cuirate than the authorities quoted by Pliny, unless  applicable to Rome; but the Ie/liacal setting at
these referred to a different latitude.   Remark, Alexandria took place, for that epoch, about four
however, that no hint is dropped by either to in-  days later, on the.9th or 10th of January.
dicate that the trize, and not the capparent mzornsing    Having now pointed out the difficulties whicl
setting is meant; and it ought to be borne in mind  the student must expect to encounter in prosecuting
that the latter happened, at the epoch in question, his inquiries in this department, we proceed briefly
on that very day at Alexandria.  In the Para-  to examine the most remarkable passages in the
pegrma of Geminus also, we find, under 11th of classical writers, where particular periods of the
August (17 Leo), Edcct'Iljoem Xlpa 3vreTam.        year are defined by referring to the risings and
(2.) This must be the clpparenzt morning setting  settings of the stars.  We begin with the most.
which took place at Rome on 24th of August for important, -  the Pleiades, Arcturus, and Sirius,
the Julian epoch.                                  which we shall discuss fully, and then add a few
(3.) The trite evening setting, calculated  for  words upon others of less note.
Alexandria at the same epoch, took place on 23d
of January, the very day named by Ovid.                            THE PLEIADES.
(4.) This is the heliacal setting, which, for    HESIOD. - Hesiod indicates the period of barLucida Lyrae, took place at Rome on 28th of vest by the rising of the Atlas-born Pleiads (]Er'g.
January.                                           384) after they had remained concealed for forty
(5.) These notices seem  to be borrowed from   days and forty nights.  Now in the age of Hesiod
old Greek calendars.  Eudoxus, as quoted by Ge-  (a. c. 800), the heiiacal rising of the Pleiads took
minus, assigns the evening (dapdmvuXos) setting of place at Athens, according to the computation of
Lyra to the 11th degree of Aquarius, that is, the  Ideler, on the 19th of May of the Julian Calendar,
4th of February according to the Julian calendar.   which is just the season when the wheat crop
It will be seen that the three last paragraphs  comes to maturity in that climate.  Again (I. c.),
(3.), (4.), (5.), without any change of expression, he indicates the commencement of the ploughingspread the setting of Lyra over a space extending  season, and the close of the season for navigating,
from 23cl of January to 4th Februcary, the ap- by the morning setting of the Pieiads, which in
parent and true settings for Rome being on the  that age and latitude fell about the third of the
28th January and 9th February respectively.        Julian November. In these and all other passages
(6.) The apparent evening rising, which seems  where Hesiod speaks of the risings and settings of
clearly pointed out by the words of Columella, the stars, we must unquestionably assume that he
took place at Rome for the Julian era on 14th of refers to the apparent phenomena.  Indeed it is
April, at Alexandria on 26th of April: the trzce  by no means improbable that the precepts whiclh




15s           ASTRONOMIA.                                         ASTRONOMIA.
he inculcates may be the result of the personal oh- ing setting of the Pleiades took place, according to
servations of himself and his contemporaries.      Columella, on the 6th of April ( VIII. Idus Aprilis
VARRO, CoL UMELLA, PLINY. -  rlzornizng Ris-  Velgiliae VTespere celantur); according to the caissg. —(l.) Varro, where he describes the distribu-  lendar of Caesar on the 5th. (Colum. xi. 2. ~ 34;
tion of the year into eight divisions, according to  Plin. II. N.  xviii. 66.)  These statements are not
the calendar of Caesar, states that there was a  far from the truth, since the apparent evening setspace of forty-six days from  the vernal equinox  ting took place' at Rome for the Julian epoch on
(25th March) to the rising of the Pleiades ( Vergi- the 8th of April.  The apparent evening rising
liacrun7 exortum1), which is thus fixed to the 8th or belonged to the 25th of September.
9th of May. (R. R. i. 28.)                           VIJGIL.- Virgil (Geosg. i. 221) enjoins the
(2.) Pliny (xviii. 66. ~ 1) names the 10th of husbandman not to sow his wheat until after the
Mav.                                               morning setting of the Pleiades:Columella has three distinct notices (R. R. xi.      Ante tibi Eoae Atlantides abscondantur
2. ~~ 36, 39).                                          Ante tibi Eore Atlantides abscondantur
(32. ) 3.6, 39).                Aa.2dAi)VyleCGnosiaque ardentis decedat stella Coronae
(3.) X. Kel. Mai. (22d April) Yergiliae cern         Debita quam sulcis committas semina.
sole oriuntucr.
(4.) Nonis Jltaiis (7th May) Vergiliae exorsiuntsur   TIesiod, as we have seen above, fixes the commnane.                                             mencement of the ploughing season, without making
(5.) VI. Idus se. Mai (10th May) Vergiliae any distinction as to the particular crop desired,
totae apparent; and this last corresponds with his  by the (apparent) morning setting of the Pleiades,
assertion elsewhere, that the phenomenon takes  that is, for his age, the beginning of November.
place forty-eight days after the vernal equinox  But it is impossible to tell whether Virgil intended
(ix. 14. ~ 4).                                     merely to repeat this precept or had in his eye the
Now  the true morning rising of the Pleiads  calendar of Caesar or some similar compilation.
took place at Rome in the age of the above  Columella (ii. 8. ~ 1), in commenting upon these
writers, who are all embraced within the limits of lines, understands him to mean the true morning
a century, about the 16th of April, the apparent setting, which, he says, takes place thirty-two days
or heliacal rising about the 28th of May.  Hence, after the equinox, that is, on the 25th or 26th of
not one of the above statements is accurate.  But October, a calculation not far from the truth, since
(1) (2) (4) (5) approach closely to the observ-  we have pointed out above that the 28th was the
ation of Euctemon (B. c. 430), according to wholm  real day.
the Pleiad rises on the 13th of Taurus (8th of    There is another passage where both the rising
May), and (3), which expressly refers to the true  and the setting of the Pleiades are mentioned in
rising, although inapplicable to Rome, will suit the  connection with the two periods of the honey harlatitude of Athens for the epoch in question.      vest. (Geory. iv. 231)
l1or2nimsg Setting. - (I.) Varro places the setting    Bis gravidos cogunt foetus, duo tempora messis,
of the Pleiades (trergiliarzLms occasumen) forty-five  Taygete simsl os terris ostemdit honestum
days after the autumnal equinox (24th Sept.), thatani spretos pee rep
is, on the 6th or 7th of November (R. R. i. 28).     Plea et occan sidus fiens  ub i Piscis amnes
(2.) Pliny names the l11th of November (xviii.    Tristior hybers coelo  escit in uds.
60, 74. the text in c. S9 is corrupt..   Tristior hybernas coelo descendit in undas.
O60, 74  the text in c. 59 is corrupt).
Columella, as before, has a succession of notices.    Here, again, there is nothing in the context by
(3.) XIII. et XY  I Kal. Nov. (20th and 21st which we can ascertain the precise periods whichi
Oct.) Solis exortt Vergyiliae izcispiutnt occidere.  the poet desired to define, we can only make a
(4.) V. Ial. Nov. (28th Oct.) Vergilicte occi- guess by comparing his injunctionl with those of
dzent.                                             others.  Columella (xi. 2) recommends that the
(5.) FVl Id. Notv. (8th Nov.) Virgiliae cmane  combs should be cut, i'f fll, about the 22nd of
occidust.                                          April; but, since he adds that if they are not full
(6.) IV. Id. Nov. (10th Nov.) hiemis insitihean. the operation ought to be deferred, the matter is
These are all taken firom  his calendar in xi. 2; left quite indefinite.  Now, the words of Virgil
but in ix. 14. ~ 11, " Ab aceqseinoctio....ad ta% r- seem clearly to point to the heliacal rising which
giliarumss occassuz diebuzs X,." i. e. 2d or 3d of took place in his time at Rome about the 28th of
November.  Compare ii. 8. ~ 1.                     May, more than five weeks after the day given by
Now the true morning setting of the Pleiads  Columella.  In like manner the last-named writer
took place for Rome at that epoch on the 29th of advises (xi. 2. ~ 57) that the autumnal collection
October, the apparent morning setting on the 9th  of honey should be put off until the month of
of November.  Hence, it appears that (5) may be  October, although others were in the habit of beregarded as an accurate determination of the ap-  ginning earlier.  The true morning setting was, as
parent morning setting, and that (1) and (2) ap-  already stated, on the 28th of October, the approach nearly to the truth, especially when we  parent on the 9th of November.
bear in mind that variations to the extent of two    As to the expression " sidus fugiens ubi Piscis
or even three days must be allowed in regard to  aqinosi," it will be sufficient to observe that ala phenomenon which depends in some degree on  though the "Piscis " in question has been varithe state of the atmosphere.  We perceive also  ously supposed to be — one of the fishes in the
that (4) is correct for the true morning setting, zodiac- the Southern  Fish-ythe Hydra —the
while (3), which is inapplicable to  Rome, cor-  Dolphin —or even the Scorpion, no one has yet
responds to the horizon of Athens in the time of succeeded in proposing a reasonable or intelligible
AIeton.  In the passage from  Collum. ix. 14, we  interpretation, which can be reconciled with any
ought probably to adopt the conjecture of Pon-  delineation of the heavens with which we are
tedera, and read xliv. for xl.                     acquainted.
l'teningSetting azdEveni  Risiny. -The even-    Ovm.ID.-      e are told in the Fasti (iv. 165)




ASTRONOMIA.                                      ASTRONOMIA. 15o
that at daybreak on the morning which follows the    (3.) Piiny (xviii. 67. ~ 3) ascribes the Adrctzlui
Ist of April: -                                  occasus natutinzis to V. Id. Mlai, i. e. 11th Mvlay.
(4.) Again, in the same section we find that
Quae septemincipint humeros relenvare pateos  Arcturus imatutino occidit on the 8th of June.
Quae  ptem  dici, sex tamen esse solent.  Now the true morning setting of Arcturus for
According to the legend, the Plciades were the  Rome at this epoch belongs to 28th of May, the
daughters of Atlas, who supported the heavens on  apparent morning setting to 10th of June.
his shoulders, and hence, when they disappeared    But (1) seems to be copied from the observation
from the sky, they might be said to remove a  of Euctemon in the Parapegma of Geminus; (2) is a
portion of their father's burden " humeros relevare  close approximation to the apparent morning setting
paternos."  The apparent morning setting is there- for Rome; (3) is altogether erroneous, and must
fbre clearly denoted.  But this took place at Rome  be a true morning setting extracted from some old
on the 9th of November, while, on the other hand, Greek calendar; (4) corresponds with (2), and is
the apparent evening (or heliacal) setting fell upon  nearly correct.
the 8th of April, only six days after the date men-    Evening Rising. -  (1.) IXY. Kal. Mart. (21st
tioned.  Hence, the poet blundered between the  Feb.) Arctzurss prima   nocte oritur. Col. xi. 2. ~ 21.
morning setting and the evening setting, which are    (2.) Ortzts dArcturi qui est ab Idibuzs Feb ruariis
many months apart.                               (13th Feb.).  Col. ix. 14.
Again (v. 599), the Pleiades are said to rise    (3.) VIII. Ial. Illart. (22d Feb.) 7irundinis
visibly in the morning on May 14th, marking the  vist et postero die (23d Feb.) Arcturi exortu vesend of spring and the beginning of summer.  Now  pertino.  Plin. II. N. xviii. 65.
the heliacal rising of the Pleiades did not talre    Now the apparent evening rising of Arcturus
place at Rome when Ovid wrote until May 28th;  took place for Rome at the Julian epoch on the
but the phenomenon in question took place at 27th of February, the true evening rising on the
Athens on May 16th in the age of Meton. Hence  Gth of March.  But since it is evident from (2)
this observation was evidently copied front a Greek  that Columella here employed Arcturus to denote
calendar computed for the fifth century B. c.    not merely the star properly so called, but the
whole figure of Bo~ites, a latitude of several days
must be allowed in the case of this as of all the
larger constellations.  See below the remarks on
Considerable difficulty arises in the discussion of Ov. Fast. ii. 153.  We may remark, however, that
the passages which refer to Arcturus, from the cir- 21st-23d of February will answer for the appacurmstance that this name is sometimes applied  rent evening rising of the star Arcturus at Athens,generally to the whole of the wide-spreading con- in the age of Meton.
stellation of Boites, and sometimes confined to the    Evening Setting.- I'.  el NArov. (29th Oct.)
bright star in the knee of the figure.           Arcturus vespere occidit, ventosus dies.  Col. xi. 2.
HOlER. -Homer (Od. v. 29) speaks of Arc- ~ 78.
turus as 14se 6voYa, Lecause the apparent evening    This is taken verbatim from an observation of
or heliacal setting took place late in the year when  Euctemon quoted in the Parapegma of Geminus.
winter was nigh at hand, and hence the phrase  The heliacal setting for Rome was a few  days
YtEc'rsE er''AprtrospP for long nights.  (See Arat. later, about the 4th of November.  But the ob585.)  Another explanation of the phrase has been  servation of Euctemon is not accurate for the latigiven above when  discussing  the constellation  tude of Athens in his own age, for the phenomenon
BobJtes.                                         ought to have been placed about five days earlier,
HESIOD.-Hesiod (Eig. 564) dates the comn- which proves, as Pfaff remarks, that the Greek
mencement of Spring from the evening rising of astronomers are not always to be depended upon in
Arcturus (Ei7rTEXAsrTal  dcpoKYac'pasov) sixty days  these matters.
after the solstice. Now the apparent evening rising    We find in Pliny (xviii. 68. ~ 2), VIII. Id.
for the age and country of Hesiod fell upon the  Aug. (6th August) A1ctsurus snedius occidit.  This
24th of February, therefore his statement is correct is so far removed from any setting of the star iln
in round numbers.                                question that Harduin pronounces the text corrupt,
Again, in the same poem (659) he marks the  and substitutes VII. Id. Aug. Aquarius occidit mzeperiod of the vintage by the morning (heliacal) dius, while Pfaff endeavours to refer the expression
rising of Arcturus, which, according to Ideler, fell to the culmination, an explanation which is both
in that age on the 18th of September.            in itself forced and completely at variance with the
COLUMELLA, PLINY.-M-4orning Rising. Colu- ordinary usage of Pliny.
mella (ix. 14. ~ 10) places the rising of Arcturus    Again, Pliny (xviii. ~ 74), Pridie Kalendas
about fifty days after the rising of Canicula; and  (Nov.) Caesari Arcetzuus occidit, i. e. 31st of Ocsince the heliacal rising of the latter fell on the  tober, and a few lines farther on IY. NAonas Arc2d of August at Rome in the Julian era, and of the  turns occidit vesperi.  The latter is not far from
former on the 21st of September, the computation  the truth; the former, unless it refers to the conis exact.                                       steilation in general, must have been borrowed
Pliny (xviii. 74), Arctzuruss vero medins pridie  from a foreign source.
Idls (se. Septembr. oritur), i. e. 12th of September,    VIRGIL.-Virgil (Georg. i. 229) instructs the
where the middle portion of the whole constellation  husbandman to sow vetches, kidney beans and lenis indicated, and the observation is very accurate. tiles, when Bobtes sets, by which he probably
lforning Setting. -  (1.) XI. et X. Kal. Jun. intends to indicate the heliacal setting of Arcturus
(22d and 23d May) Arcturus nmane occidit.  Col. on the 4th of November.  In like manner Pliny
xi. 2. ~ 4.3.                                    (xviii. 15. ~ 24) orders the vetch to be sown' about
(2.) Vi7. Id. Jun. (9th June) Arcturus occidit. the setting of Arcturus, the kidney bean at the
Id. ~ 45.                                        setting of Boites (xviii. 24), the lentile in the




160            ASTRONOMIA.                                         ASTRONOMI A.
montb of November (xviii. 12). Columella assions    VaRro, COLUMIELLA, PLINY.-oi%0)2'inyRisiog.
the sowing of vetches and kidney beans, and Palla-  -  (I.) Varro, following the calendar of Caesar,
dius of kidney beans, to the month of October; if reckons an interval of twenty-four days fiom  the
the end of the month is meant, then the precept  summer solstice to the rising of Sirius (ad Casziczlcle
maybe considered as identical with those of Virgil sigcu7n) which, according toethis calculation, would
and Pliny; if the middle of the month is intended, fall on the 17th or 18th of July (R. R. i. 28.)
this will correspond with the heliacal setting of    (2.) Columella (xi. 2. ~ 53) fixes upon the 26th
Arcturus for the latitude of Alexandria.           of July (VII. Kal. Aug. Canicula apparet), and in
Again, in Georg. i. 67. when treating of plough-  another passage (ix. 15. ~ 5) makes the interval
ing, the words                                     between the solstice and the rising of Sirius about
At si non fuerit tellus fecunda, sub ipsunm   thirty days (peracto solstitio usque  ad Or'tzC   CanuArcturun  tenri sat at suspendere sulco,      culue, qui feoe dies triginta  sueit), that is, on the
24th of July.
refer to the morning rising.  The true morning    (3.) Pliny (xviii. 38. ~ 2), says, that the epoch
rising was on thle 8th of September, the apparent  "qLod canis ortunt vocea-mus" corresponded with the
on the 21st.  The former agrees best with the di-  entrance of the sun into Leo, that is, according to
rections given by Columella (ii. 4. ~ 11) for the  the Julian calendar, which ihe professes to follow,
ploughing of very light land, " graciles clivi non  the 24th of July.
sunt aestate arandi, sed circa Septembres Kalendas,"    (4.) In the very next clause he says, that it fell
and a little lower down, when treating of the same  twenty-three days after the solstice, that is, on the
kind of soil, " itaque optime inter Kalendas et Idus  17th of July.
Septembres aratur et subinde iteratur."              (5.) And a little farther on (~ 4), he refers the
OvID. -  In the second book of the Fasti (153)  same event specifically to the 17th of July (XVI.
we read,                                          IKal. An.).
Tertia nox veniat: custodenm protinus Ursae        (6.) Finally, in a different part of his work (xi.
Adspicies germinos exseruisse pedes,          14), he places the rising of Sirius thirty days after
the solstice: ipso Sirio explendescente post solstitislu
that is, the constellationz Arcturus displays both his  diebus tricenis Jire, a passage in which it will be
feet on the 11th of February, where it ought to  seen upon referring to the original, that he must
be observed that from the posture in which Bobtes  have be-n consulting Greek authorities, and in
rises his two legs appear above the horizon nearly  which the words necessarily imply a visible rising
at the same time.  The apparent evening rising  of the star.
of the star Arcturus took place at Rome, on 27th      The whole of the above statements may be reFebruary, the true eveningc rising on the 6th of duced.to two.  In (1), (4), (5), the rising of Sirius
Alarch; but the calendar to which Ovid was in-  is placed on the 17th or 18th of July, twenty-three
debted probably recorded the appearance of the first days after the solstice, in (2), (3), (6), about thirty
star in the figure which became visible.           days after the solstice; that is, 24th-26th of July.
In'three passages, the morning setting is clearly  Now the true morning rising of Sirius for Roume
described (Fcast. iii. 403, v. 733, vi. 235).  In the  at the Julian era fell upon the 19th of July, the
first, it is placed on 4th or 5th of March, according  apparent morning or heliacal rising on the 2d of
as we adopt the reading quartet or quintaet; in the  August, thirty-eight or thirty-nine days after the
second, on the 26th of Mayy; in the third, on the  solstice.
7ith of June.  Now there is no doubt that the    Hence (1), (4), (5), are close approximations to
setting of Boetes is spread over a considerable pa- the truth, while (2), (3), (6) are inapplicable to
riod; and hence, the epithet piger, applied to him   Rome, and borrowed from computations adapted to
here and elsewhere, but in no way could it be made  the horizon of Southern Greece.
to occupy three months.  The star Arcturus is one    Some words in Pliny deserve particular notice:
of the first which sets in this constellation: its trie  "XVI. Kal. Alug. Assyriae Procyon exoritur; dein
morning setting took place on 28th May, its ap- postridie fere ubique, confessum inter omnes sidus
parent morning setting on 10th June; thus the  indicanrs, qued canis ortum n  ocamnus, sole partem
second and third of the above passages will apply  primnam  Leonis ingresso.  Hoc fit post solstitium
to these two. In the first passage Iie has erroneously  XXIII. die.  Sentiunt id maria, et terrae, multae
substituted the apparent morning settinz for the  vero et ferae, ut suis locis diximus.  Neque est
treue eveneinqg ising, which really took place, as we  minor ei veneratio quam descriptis in deos stellis."
have seen, on the 6th of March.                    Although the expressions employed here are far
from  being distinct, they lead us to infer that
SIRIUS.  CANIS~ CANICULA.
certain remarkable periods in the year were from
IlomER. HESIOD. - Homer (11. v. 5, xxii. 25)  habit and superstition so indissolubly connected
alludes to Sirius as the star of o.rcipa, that is, of the  in the public mind with certain astronomical phehottest portion of summer, as will be explained  nomena, that even after the periods in question
more fully below in treating of the ancient divi-  had ceased to correspond with the phenomena, no
sion of the year into seasons.  The heliacal rising  change was introduced into the established phraof Sirius in Southern Greece would take place il  seology.  Thus the period of most intense heat,
the age of Homer about the middle of July.         which at one time coincided with the heliacal risins
The culmination of Sirius spoken of by Hesiod  of Sirius, would continue to be distinguished in the
(Erg. 609), as marking  along with the morning  language of the people, and in almanacs intended
rising of Arcturus the period of the vintage, would  for general use, as the Canis Exoertus, long after
take place in that age about the 20th of September.  the two epochs were removed to a distance from
The passage (Erg. 417), where seiptos da'rr'p is  each other, just as among ourselves the term  dog.
supposed to denote the sun, has been already noticed.  days having once obtained a firm footing, is used
See above p. 152, b.                               and probably will continue to be used for centuries




ASTRONOMAiA.                                     ASTRONOAMI A.                161
-w-ithout the siightest regard to the actual position  calendar, on the 24th of April: the heliacalI setting
of the constellation at the time in question.  An  of Sirius was on the 1st of May, six days afterexample still more striking, because it involves an  wards.  Many interpretations have been proposed
anomaly universally recognised by scientific men, for the words " adverso cedens Canis occidit astro;"
is the practice of denominating the position of the  of these the most plausible is that which explains
sun at the vernal equinox, as the first point of Aries, them with reference to the form and attitude under
although two thousand years have elapsed since  which the constellation of the Dog was depicted,
the intersection of the ecliptic with the equator  which made him set backwards facing the signs
corresponded with the commencement of the con-  which follow.
stellation Aries.  A necessity has thus arisen of    Again, in Georg. iv. 425, we find
drawing a distinction, which  proves most em-         Jam rapidus torrens sitientes Sirius Indos
barrassinsg to the unlearned, between the signs of    Ardebat coelo et medium sol igneus orbem
the zodiac arid the constellations of the zodiaum, sol iHaneuserat,
and thus the sun is said to be in the sign Aries
while he is actually traversing the constellation of words which are intended to indicate the hottest
-Pisces, and enters the sign Taurus long before he  portion of the day in the hottest season of the
quits the constellation Aries.  Now something of year.  Here the separate mention of "Sol" is
this sort may to a certain extent explain some of quite sufficient to confute those who would conthe anomalies which recur so perpetually in the  sider Sirius as equivalent in this passage to the
calendar of Columella or Pliny.  Certain remark- sun.  See above, p. 152, b.  Comp. Lucan. Phalr.
able appearances fixed upon at a very early period  x. 209.
to mark the approach of summer and winter, such    OvID. — In the fourth book of the Fasti (x..as the rising and setting of the Pleiades, may  901) the rising of Sirius is assigned to the 25th of
have by ciustom  or tradition become  so com- April, is made coincident with the disappearance
pletely identified in the minds of the people with  of Aries, and marks the epoch of mid-spring: -
particular days, that the compilers of calendars in-    Sex ubi quae restant luces Aprilis habebit
tended for general use, while they desired to re-     In medio clrsu tempora Veris erunt 
gister accurate observations, were compelled at the    Et frustra pecudem quaeres Athamantidos Helles
same time to include those which, belonging to        Signaqu  dant imhres exoriturque Canis.
remote ages and foreign lands, had nevertheless
acquired a prescriptive claim  to attention.  We    A notorious blunder has been here committed by
may thus account for inconsistencies so numerous  the poet.  No rising of Sirius, either real or apand glaring, that they could scarcely have been al- parent, in the morning or in the evening, cortogether overlooked by the writers in whose works responds to this season.  But this is the very day
they occur, although it is impossible to forgive  fixed by Euctemon (ap. Gemin. Parapeg.) for the
their carelessness in withholding the necessary ex- heliacal setting (cS'W Kpmnr-sram) of the Dog, which
planations, or the gross ignorance which they, so  fell at Rome for the Julian era on the lst of May.
often manifest.                                     Again, in Fast. v. 723, we read
E~cening Setting.  Colulnella places the evening    Nocte sequente diem Canis Erigoneius exit,
setting of the Dog on the 30th of April (Prid.
Kcdl. Mai. Canis se Vespere celat), xi. 2. ~ 37. that is, on the 22d of May.  Now, it is clear
Pliny on the 28th (IV. Kal. M4nai. Canis occidit, from  a former passage (iv. 939) that by Canis
sidus et per se veliemens et cui praeoccidere Canicus- Erigoneius he means the Great Dog; but the true
ltan  necesse sit), xviii. 69.                   rising of Sirius took place for Rome at this period
The heliacal setting at Rome for the Julian  on the 19th of July, the apparent oni the 2d of
era was on the 1st of May, which proves the above  August.
statements to be nearly correct. The expression cui    Not much will be gained by supposing that
praeoccidere C'aniculasm nsecesse sit has been already  Procyon is here alluded to; for the risings of that
commented on.  See above, p. 153, a.             star precede those of Sirius by about eight days
Morning Setting. Evening Rising.-(. VII. only.  Here, again, therefore, we have a gross
Kal. Dec. (25 Nov.) Canicula occidit solis crtu. Col. mistake.
xi. 2. ~ 89.                                        PALLADIUS.  - Palladius (vii. 9): "In ortu
(2.) III. Kal. Jan. (30 Dec.) Canicula vepere  Caniculae, qui apud Romanos XIV. Kal. Aug. (19th
occidit. Ibid. ~ 94.                             July) die tenetur, explorant (sc. Aegypti) quae
(3.) III.'Kal. Jan. (30 Dec.) Ml4atutino canis semina esortum  sidus exurat, quae illaesa custooccidens. Plin. xviii. 64.                       diat." Now this is the exact period of the heliacal
(1) is accurate for the apparent morning setting  rising in Egypt for the Julian epoch; hence the
at Rome, B. c. 44.                               words " apud Romanos " must refer to a notice in
(2) and (3) are directly at variance with each  some Roman Calendar, and not to the real period
other, and are both blunders. The apparent even- of the phenomenon.
ing rising took place at Rome on the 30th of De-                     ORION
cember, not the evening setting as Columella would
have it, nor the morning setting as Pliny has re-    It lust be borne in mind that, from the great
corded.                                          size of this constellation, its risings and settings
VIRGI. — Virgil instructs the farmer to sow  are spread over a considerable space; while the
beans, lucerne, and millet: -                    brilliant stars which it contains are so numerous
that no one can be fixed upon as a representative
Ca~ndideeYrtis a uratsapertis t cum cornitus allum  of the whole, as in the case of Boites, where the
Taurus et adverso cedens Canis occidit astro.
Geor i. 217.   different appearances are usually referred to Arcturus alone.  Hence those writers who aim at
The sun entered Taurus, according to the Julian  precision use such phrases as " Orion incipit oriri,"
Bit




162           ASTRONOMIA.                                       ASTRONOMIA.
"Orion totus oritur," "'Orion incipit occidere;"  vember, soon after the morning setting of the
and wherever such qualifications are omitted the  Pleiades, thus became connected in traditional
statements are necessarily vague.                lore with the first gales of the rainy season, and
HESIOD. —Hesiod (E-gq. 598) orders the corn  the association continued for centuries, although
to be thrashed CEV' &V 7rpCTa ipavpi. emoos'olptnios. the phenomenon itself became gradually further
For that age and country the apparent amorning or and further removed from  the beginning of the
heliacal rising of Orion would be completed about stormy period.  In the Parapegma of Geminus we
the 9th of July.                                 find notices by three different astronomers, in which
The setting of Orion was one of the tokens the setting of the Pleiades and of Orion are men.
which gave notice to the farmer that the season  tioned as attended by tempests, although each of
for ploughing had alrived, and to the mariner that the three fixes upon a different day.  For Rome,
he must no longer brave the perils of the deep. at the Julian era, the apparent morning setting
(Erq 615.)  The apparent morning setting ex- commenced about the 12th or 13th of November.
tended over the whole month of November.         In Pliny (xviii. 74) we find, " V. Idus Novembr.
The culmiination of Orion, which coincided with  (8 Novemb.) gladius Orionis occidere incipit,"
the vintage (Erg. 609) took place about the 14th  which is the true morning setting for Alexandria
of September.                                    at that epoch.
ARISTOTLE. - Aristotle  (Jlieteorolog. ii. 5,    OVID.   Ovid refers twice in his Fasti to the
Prolbleim. xiv. 26) places the rising of Orion at the  setting of Orion.  In one passage (iv. 387) he
commencement of Opera, and the setting at the be- places it on the day before the termination of the
ginning of winter, or rather in the transition from  Megalesia, that is, on the 10th of April; in
suminer to winter (iv /ueradoA7 eoi  epnous Kal another (v. 493), where the complete disappearance
XeciZuvos).                                      of the figure is expressly noted, on the 11th of
Now the two limits which included the be- May.
ginning and  end of the apparent morning or    Now  the apparent evening setting of Rigel, the
heliacal rising, which alone can be here indicated, bright star which marks the left foot, took place
were, for the age and country of the writer, 17th  for Rome in the age of the poet on 11th April,
of June —14th July; those which embraced the  while the smaller star, now known as tc, set on the
apparent morning setting were, 8th of November-   previous day, the true evening setting of Betelgeux,
8th of December; while the true morning setting  which marks the right shoulder, fell on the 11th of
continued from  27th of October-20th of No-  May.  Hence it is clear that Ovid derived his invember.                                          formation from two very accurate calendars, one of
Upon examining the passages in question a very  which gave the date of the commencement of the
curious contradiction will be perceived, which has apparent evening setting; the other, the date of the
losug exercised the ingenuity of the commentators. termination of the true evening setting.
Aristotle distinctly asserts in one place that the    He refers twice to the rising of Orion alsorising of Orion is characterised by unsteady stormy  in the sixth book of the Fasti (717), on the 16th
weather, and offers an explanation of the fact:  of June:
in another place he as distinctly avers that the
rising of Orion is characterised by the absence of    At cinget geminos stella i tinxerit undis,
pwind (cbarept'Qpjwvos avoAu7r yra ytye'sai  Et cinget geminos stella serena poles,
ind (vetpi'                                         Tollet humo validos proles Hyriea lacertos,
Vil/eFtiea).
PLINY. — (1)  VT1III. Idus (Mart.) Aquilonii and on the festival of Fortuna Fortis, on the 24th
piscis exortu, et postero die Orionis. xviii. 65. ~ 1.  of June:
(2) Nonis (Apr.) Aegypto Orion et gladius ejus    Zona latet tua nunc, et eras fortasse latebit,
inc(jviuet dscondiZ. xviii. 66. ~ 1.                 Dehinc erit, Orion, adspicienda mihi,
(1) The first date, 8th of March, is so far removed from the rising of Orion, whether in the  that is, on the 26th of June.
morning or the evening, that Ideler is probably    With regard to the first, the date is nearly corcorrect when he supposes that either the text is rect for the true MORNING (not EVENING, as the
corrupt or that Pliny himself inserted Orion by  words denote) rising of the two stars (o o) at the
mistake instead of the nanle of some other constel- extremity of the left hand; with regard to the
lation.                                          second, the true morning rising of the middle star
(2) Here also the date, 5th of April, is wide of in the belt fell on the 21st of June, the apparent
the truth.  The apparent evening setting of the  on the 13th of July.  There is a mistake, theremiddle star in the belt fell at Alexandria on the  fore, here of five days, as far as Rome is con26th of April, seven days later than at Rome, the  cerned.
true evening setting about the 9th or I Oth of May.
VIRGIL, HORACE. -Both Virgil and IHorace                          HYADES.
frequently allude to the tempests which accom-    In Hesiod (Erg. 615), the setting of the Pleipanied the winter setting of Orion (Saevus ubi ades, of the Hyades, and of mighty Orion, warn
Orion hibernis conditur undis, Virg. Aen. vii. 719; the husbandman that the season has arrived for
see also iv. 52; Hor. Casrm. i. 28. 21, iii. 27. 17, ploughing the earth, and the mariner, that navigaEpod. x. 9, xv. 7), just as Hesiod (Erg. 617)  tion must cease. The apparent morning setting
eight hundred years before had warned the mariner of the Hyades took place, according to the calthat when the Pleiades, fleeing from the might of culation of Ideler, for the age and country of
Orion, plunge into the dark main:                Hesiod, on the 7th of the Julian November, four
Ai T'rTE WrarTO'o-Y iuECoV V OVUW dua,a:.  days after that of the Pleiades, and eight before
that of Orion.
The apparent morning setting of Orion, which    Virgil (Aen. i. 744, iii. 516) terms this cluster
in the time of Hesiod commenced early in No- " pluvias Hyadas," and Horace (Caerz. i. 3.!i)




ASTRONOMIA.                                      ASTRONOMIA.                  163
" tristes Hyadas," in reference to their morning  kids (plurialibzs  aedis).  Horace (CnGrs. iii..
setting at the most rainy and stormy season of the  27) dwells on the terrors of setting Arcturus and
year.  The true morning setting for Rome at the, the rising Kid, while Ovid (Trist. i. 1. 13) and
Julian era happened on the 3d of November, the  Theocritus (C'. 53.  See Schol.) speak in the same
apparent on the 14th of November.  The ap- strain.  In Columella's Calendar (xi. 2. ~ 66) we
parent evening rising, which fell upon the 25th of find IT Kal. Octob. (27th Sept.) Haedi exorisuntur,
October, would likewise suit these epithets.     and a little farther on (~ 73) Pridie Non. Octob.
Ovid, in his Fasti (iv. 677), places the evening  (4th Nov.) -Haedi oriuniur vespee.  The former
setting of the Hyades on the 17th of April, the  date marks the precise day of the true evening rising
day fixed in the Calendar of Caesar (Plin. xviii. 66. of the foremost kid at Rome for the Julian era;
~ 1), while Columella names the 18th (R. R. xi. 2. and hence the aoparent evening rising, which would
~ 36).  These statements are nearly accurate, since  fall some days earlier, would indicate the approach
the apparent evening, or heliacal setting, took place  of those storms which commonly attend upon the
for Rome at that epoch on the 20th of April.     autumnal equinox.
In the same poem, the morning rising is alluded
to five times.                  III. DIVISION OF THE YEAR INTO SEASONS.
to five times.
(1.) It is said (v. 163) to take place on the 2nd    As early as the age of Hesiod the commenceof May, which was the day fixed in the Calendar ment of different seasons was marked by the risings
of Caesar (Plin. xviii. 66. ~ 1), and adopted by  and settings of certain stars; but before proceeding
Columnella (xi. 2. ~ 39), whose words, Sucula cumI to determine these limits it will be necessary to
sole oritur, indicate the true morning rising.   ascertain into how many compartments the year
(2.) On the 14th of May (v. 603), while Co- was portioned out by the earlier Greeks.
lumella (Ibid. ~ 43) has, XII. Kal. Jun. (21st    Homer clearly defines three: —1. Spring (eap),
May) Suculae exoeriuntur.                        at whose return the nightingale trills her notes
(3.) On the 27th of May (v. &c.).             among the greenwood brakes (Od. xix. 519).  2.
(4.) On the second of June (vi. 197).         Winter (XELtOVi,, XeALta), at whose approach, ac(5.) On the 15th of June (vi. 71 1).          companied by deluges of rain (dOeiorepaorv 0i`lpov),
Now the true morning rising of the Hyades for the cranes fly screaming away to the streams of
Rome at that epoch was on the 16th of May, the  ocean (11. iii. 4, comp. Hesiod. Er-g. 448).  3..
apparent or heliacal rising on the 9th of June, Summer (e'pos), to which Xe-7a is directly opposed
the true evening setting on the 3d of May.       (Od. vii. 118). 4. Three lines occur in the Odyssey
Hence it is clear that Ovid, Columella, and  (xi. 191. avapE rprXOji ae dpos'eTOaAvsa"'or  pv,
Pliny, copying in (1) a blunder which had found  and also xii. 76, xiv. 384) where the word 6orcipa
its way into the Calendar of Caesar, assigned the  seems to be distinguished from bipos, and is in
morning rising to the 2nd of May instead of the  consequence generally translated auztuamn.  Ideler,
trie evening setting.  The true evening rising lay  however, has proved in a satisfactory manner
between the days named in (2).  The heliacal (Handbaucl der Citron. i. p. 243) that the term
rising was thirteen days after (3), seven days after originally indicated not a season separate from and
(4), six days before (5).                       following after summer, but the hottest part of
summer itself; and hence Sirias, whose heliacal
THE CRETAN CROWN.                   rising took place in the age of Homer about the'We have seen above that Virgil (Georg. i. 222), middle of July, is designated as adTi-,o &OrXepLbs
instructs the farmer iot to commence sowing wheat (II. v. 5; see Schol. and Eustath. ad loc.; compare
until after the Plelades have set in the morning:   also II. xxii. 26), while Aristotle in one passage
Gnosiaque ardentis decedat stella Coronae,   (Meteorolog. ii. 5) makes the heliacal rising of
Sirius, which he notes as coinciding with the enwords which must signify the setting af the Cretan  trance of the sun into Leo, i. e. 24th July of the'0row2. The apparent evening (or heliacal) setting  Julian calendar, the sign of the commencement of
of this constellation fell at Rome for this epoch  07rc6pa; and in another passage (Problemn. xxv. 26,
upon the 9th of November, the very day after the  xxvi. 14) places the rising of Orion at the beginapparent morning setting of the Pleiades.        ning of ourcipa, and the setting of the same conOvid (Fast. iii. 459), after having spoken of the  stellation at the beginning of winter-v'Ve sTadoX7
rising of Pegasus on the night of March 7th, adds, TOO  g'peovS Kaal XeLWcvoy - an expression which
clearly indicates that srcipa was included within
Protenms adspicies venienti nocte Coronam =   the more general — pos.
Gnosida,                                      Hesiod notices lEap (Erg. 462), aEpos (1. c.),
words which denote the evening rising; and, in  Xes'/a (450), and in his poem we find the trace of
reality, the apparent evening rising took place on  a fourfold division, for he employs the adjective
the tenth of March, only two days later than the   ET'To7rooptvds (Erg. 415) in reference to the period
date here fixed.                                 of the first rains, when the excessive heat had in
some degree abated.  These rains he elsewhere
calls the onrcwpmvmpb 5Epos, and notices them in conVirgil (Georg. i. 205) when inculcating the  nection with the vintage, when he enjoins the
utility of observing the stars, declares that it is no  mariner to hasten home to port before the serene
less necessary for the husbandman than for the  weather has passed away- uu7aE uvLet'Ev ooar m're
mariner to watch Arcturus and the glistening Snake,  sov Ical 07rwpmvo0' iLepoev.  Moreover, by making
and the days of the IKids (haedorumque dies ser- aEpbs proper end fifty days after the solstice (Erg.
vandi).  Elsewhere (Aen. ix. 658) he compares a  663) he leaves a vacant space from the middle of
dense flight of arrows and javelins rattling against August to the end of October, which he must have
shields and helmets to the torrents of rain proceed- intended to fill by a fourth season, which he noing from the west under the influence of the wzatery  where specifically names.  As late, however, as
M2




164            AST R ON OMIA.                                      A STRON OMIA.
Aeschylus (Prom)wl. 453) and  Aristophanes (aI.  period which inmmediately preceded autumn and
7 10) the seasons are spoken of as three, XEtlycC', merged ill it.
Eap, ee'pos by the former; XetcL~,  op, a,  rcopa by  W~e discover also in the Greek medical writers
the latter.  Nor can we avoid attaching some  traces of a sevenfold division, although there is no
weight to the fact that the most ancient poets and  evidence to prove that it was ever generally
artists recognised the'12pat as three only, bearing, adopted.  According to this distribution, summer
according to the Theogony (901) the symbolical is divided into two parts, and winter into three,
appellation of Order (Eiuboxtea), Justice (Anc77), and we have, 1. Spring (Eap).  2. Early summer
and blooming Peace (Eips'v/).  Indeed Pausanias  (aEipos).  3. Late summer (S7rcpa).  4. Autumn
has preserved a record of a time when the "ipat ((pOtv7rcpoYv s. esr&7rcopov).  5. The ploughing or
were known as two goddesses only -  Kaprdrb, the  sowing season (&poTos s. o7roP77's).  6. Winter
patroness of fruits, and  aAAcX, the guardian of proper (XEIt/LL' ).  7. The planting season (uvblossoms (ix. 35. ~ 2).  We may hence safely  paXia).
conclude that the Greeks for many ages discrimi-    From  Varro (R. R. i. 28), Columella (ix. 14.
nated three seasons only, Winter, Spring, and  xi. 2), and Pliny (xviii. 25) we infer that Julius
Summer, that the general name for the whole of Caesar, in his Calendar, selected an eight-fold
surmmer being tipos, the hottest portion was dis- division, each of the four seasons being subdivided
tinguished as 67rcvpa, and that the latter term was  into two, after this manner: I. Veris Initiunz.
gradually separated from the former, so that [aEpos 2. Aequinoctizum Vernum.  3. Aestatis Iuitium.  4.
was commnonlly employed for early summer, and  Solstitiztm.  5. Autumzni Initium. 6. Aequzinoctiums:orclpa for late summer.                           Autuenoi.  7. Hiensiis Initizln.  8. Brumna.
The first direct mention of autumn is contained    We find no trace in Homer of any connection
in the treatise De Diueta (lib. iii. &c.), commonly  having been established between the recurrence of
ascribed to Hippocrates (B. c. 420), where we are  particular astronomical phenomena, and the return
told that the year is usually divided into four parts, of the seasons.   But in Hesiod, as remarked
Winter (XEfiy'v), Spring (elap), Summer (bE'pos), above, and in subsequent writers, the limits of the
Autuamn (cOs'niYrpov); and this word with its  divisions which they adopt are carefully defined by
synonym.sUEri'wpov occurs regularly from this time  the risings and settings of particular stars or conforward, proving that those by whom they were  stellations.   The following tabular arrangement
framed considered  7rupa, not as autumn, but as the  will afford a view of the most important systems:
Division of the Seasons according to flesiod.
Commencement of spring   -  The evening (icpoKaicpatos) rising of Arcturus 60 days after the winter
solstice (Er#. 564).
Commencement of summer  (Heliacal) rising of the Pleiads after they have remained concealed for
~ (aurTos) or reaping time    40 days and 40 nights (Erg. 383).
Thrashing time       -        (Heliacal) rising of the first star in Orion (Erg. 595).
Period of most oppressive heat (Heliacal) rising of Sirius (Eug. 582, &c.).
End of summer (Ebpos)    -  Fifty days after the solstice (Erg. 663).
Period of the vintage      -  (Heliacall) rising of Arcturus. Culmination of Sirius and Orion (Erg. 609).
Commencement of  winter,  The (morning) setting of the Pleiades (E'rg. 383), of the Hyades, and of
which   coincides   with      Orion (eigy. 615).
ploughing time (aiporos),
and the close of navigation
Accordincg to the Author of tle Treatise  De Diaeta."
Commencement of spring   -  The vernal equinox.
"s 1.    summer -  Heliacal rising of the Pleisades.
"        autumn -  Heliacal rising of Arcturus.
("4      winter.  Morning setting of Pleiades.
Sevenfold Division, eccording to Hippocrates and other Medical WrSiters.
Commencement of spring                       The vernal equinox.
s"       early summer (hkpos)  -  Heliacal rising of the Pleiades.
"        late summer (hurscpa)   -  Heliacal rising of Sirius.
"        autumn       -    -    -  Heliacal rising of Arcturus.
6"       ploughing  and  sowing   Morning setting of Pleiades.
season (aiporos l-7ropu7rbs).
Commencement of winter proper (XEu.&,) -  Winter solstice.. ".   planting season (cvrrahia)  Evening rising of Arcturus.
Seasons according to Eucteimon, Eudoxees, and otler Auethors quoted in t7Ie PIarape ae of Gemins,
First breezes of Zephyrus     -    -    -  160 or 170 of Aquarius.
Appearance of the swallow     -    -    -  20 of Pisces.
Appearance of kite (ICTrbs  pa.mr&al)    -   170 of Pisces (Eud.) — 220 of Pisces (Euctem.).
Commencement of summer    -    -    -  130 of Tlaulrus.
Midwinter                           - -      14  of Capricornus.




ASYLUM.                                             ASYLUM.                   165
Accordbin  to the Calendar of Julius Caesar.
Commencement of spring -  The breezes of Favonius begin to blow    VII. Id. Feb. (7 February).
Vernal eqhinox                 -      -                              VIII. Kal. Apr. (25 March).
Commencement of summer IIeliacal rising of the Pleiades (Vergiliae) VII. Kal. Mai. (9 May).
Summer solstice (solstitiuzm)                              _         VIII. Kal. Jun. (24 June).
Commencement of autumn  Morning setting of Fidicula         -        III. Id. Aug. (11 August).
Autumnal equinox -    -                                              VIII. Kal. Oct. (24 September).
Commencement of winter   Morning setting of the Pleiades         -  III. Id. Nov. (11 November).
Winter solstice (bruzma) -                                          VIII. Kal. Jan. (25 December).
Thus assigning to spring, ninety-one days; to summer, ninety-four days; to autumn, ninety-one days;
to winter, eighty-four days.                         [W. R.]
ASTY'NOMI (&a'vVdlJLot), public officers in  sessed the jus asyli were: the altar of pity, in the
most of the Greek states, who had to preserve order  agora, the altar of Zeus'A-yopaios, the altars of
in the streets, to keep them clean, and to see that all the twelve gods, the altar of the Eumenides on
bu ldings, both public and private, were in a safe  the Areiopagus, the Theseum  in the Peiraeeus,
stat-e, and not likely to cause injury by falling  and the altar of Artemis, at Munychia (Meier,
down. (Aristot. Polit. vi. 5, ed. Schneider; Plat. Aft. Proc. p. 404).  Among the most celebrated
Leg. vi. pp. 759, 763; Dig. 43. tit. 10. s. 1.)  At places of asylum in other parts of Greece, we may
Athens there were ten astynomi, five for the city  mention the temple of Poseidon, in Lacoinia, oil
and five for the Peiraeeus, and not twenty, fifteen  Mount Taenlarus (Thuc. i. 128, 133; Corn. Nep.
for the city and five for the Peiraeeus, as is stated  Purus. c. 4); the temple of Poseidon, in Calauria
in some editions of Harpocration.  (Harpocrat.  (Plut. Dessostl. 29); and the temple of Athena
Said. s. v.; Bekker, Anecd. p. 455; Bckh, Alea, in Tegea (Paus. iii. 5. ~ 6).  It would apCosp. Inscrip. vol. i. p. 337.)  A  person was  pear, however, that all sacred places were supobliged to discharge this burdensome office only  posed to protect an individual to a certain extent,
once in his life. (Dem. Pr'esn. p. 1461.)  The ex- even if their right to do so was not recognised by
tent of the duties of the Athenian astynomi is  the laws of the state, in which they were situated.
uncertain.  Aristotle states (up. HIcrpocr. 1. c.)  In such cases, however, as the law gave no prothat they had the superintendence of the scavengers  tection, it seems to have been considered lawful to
(tco7rpoNdyo.), which would naturally belong to  use any means in order to compel the individuals
them on account of their attending to the cleansing  who had taken refuge to leave the sanctuary, exof the streets, and he likewise informs us that cept dragging them  out by  pers,:nal violence.
they had the superintendence of the female musi-  Thus it was not uncommos to force a person from
cians.  It is probable, however, that they had  an altar or a statue of a god, by the application of
only to do with the latter in virtue of their duty  fire.  (Eurip. Asdrsons. 256, with Schol.;  Plaut.
of preserving  order in the streets, since the regu- Mostell. v. 1. 65.)
lation of all the public prostitutes belonged to the    In the time of Tiberius, the number of places
agoranosni.  [AGORANOMeI.  ]  It would likewise  pessessing the jus asyli in the Greek cities in
appear from  a circumstance related by Diogenes  Greece and Asia Mlinor became so numerous, as
Laertius (vi. 90) that they could prevent a person  seriously to impede the administratiol of justice.
from  appearing in the streets in luxurious or in-  In consequence of this, the senate, by the comdecent apparel.  It is mentioned on one occasion  nland of the emperor, limited the jus asyli to a
that a will was deposited with the  astynomi few  cities, but did not entirely abolish  it, as
(Isaeus, de Cleonym. tHered. p. 36, ed. Steph.), a  Suetonrius (Tib. 37) has'erroneously stated.  (See
circumstance which does not seem in accordance  Tacit. 2Ann. iii. 60-63, iv. 14; and Ernesti's LEvwith the duties of their office. (Meier, Att. Pro-  cursuts to Sult. ilb. 37.)
cess, p. 93, &c.)                                    The asylum  which Romulus is said to ha]ve
ASY'LUM   (auovXov).  In the Greek states  opened at Rome on the Capitoline hill, between
the temples, altars, sacred groves, and statues of its two summits, in order to increase the populathe gods generally possessed the privileges of pro-  tion of the city (Liv. i. 8; Vell. Pat. i. 8; Dionss.
tecting slaves, debtors, and crimnals, who fled to  ii. 15), was, according to the legend, a place of
them for refuge.  The laws, however, do not ap- refuge for the inhabitants of other states, rather
pear to have recognised the right of all such sacred  than a sanctuary for those who had violated the
places to afford the protection which was claimed; laws of the city.  In the republican and early illbut to have confined it to a certain  lunmber of' perial tines, a right of asylum, such as existed in
temples, or altars, which were considered in a more  tte Greelk states, does not appear to have been
especial mannler to have the aevsa, or jus asyli. recognised by the Roman L    law.  Livy  seems to
(Servius ad  Virg. Aen. ii. 761.)  There were  speak of the right (xxxv. 51) as peculiar to the
several places in Athens which possessed this pri-  Greeks: —  Terntdl2u   est Apollinis Deliu it-  eo
vilege; of which the best known was the The- jure sasncto quo sunt tee7npla cjuae asyla Gaueci cpseinm,  or temple of Theseus, in the city, which  pellant. By a constitutio of Antoninus Pius. it was
vwas chiefly intended for the protection of the ill-  decreed that, if a slave in a province fled to the
treat'.d slaves, who could take refuge in this place, temples of the gods or the statues of the emperors,
and compel their masters to sell them  to some  to avoid the ill-usage of his master, the praeses
other person.  (Plut. Tleseus, 36; Schol. ad  could compel the master to sell the slave (Gaius,
Aristoph. Equit. 1309; Hesych. and Suidas, s. v. i. 53); and the slave was not regarded by the law
Oia-fo'V.)  The other places in Athens which pos-  as a runaway -ftuitivus (Dig. 21. tit. 1. e. 17.
M 3




166              ATELETr A.                                       ATHLETAE.
~ 12).  This constitutio of Antoninus is quoted  Aristocr. p. 691), and some were even exempted
in Justinian's Institutes (1. tit. 8. s. 2), with a  from custom  duties, and the property tax or ela'slight alteration; the words ad aedemn sacraim are  ceopd, from which an Athenian citizen could never
substituted for ad fanas deoram, since the jus asyli be exempted.  The ateleia enjoyed by Athenian
was in his time extended to churches.  Those  citizens was either a general immunity (a&re'AFa
slaves who took refuge at the statue of an em-  airdvorwv), such as was granted to persons who had
peror were considered to inflict disgrace on their  done some great service to their country, and even
master, as it was reasonably supposed that no  to their descendants, as in the case of Harmodius
slave would take such a step, unless he had re- and Aristogeiton; or it was a partial one exempting
ceived very bad usage from  his master.  If it a person from all or certain liturgies, from certain
could be proved that any individual had instigated  custom duties, or from service in the army.  The
the slave of another to flee to the statue of an em- last of these immunities was legally enjoyed by all
peror, he was liable to an action corrupti servi.  members of the council of the Five Hundred (Ly(Dig. 47. tit. 11. s. 5.)  The right of asylum   curg. c. Leocr. 11), and the archons for the time
seems to have been generally, but not entirely, being, by the farmers of the custom duties (Dem.
confined to slaves.  (Dig. 48. tit. 19. s. 28. ~ 7. c. Neaer. 1353), and by those who traded by sea,
Comp. Osiander, De Asylis Gentilium, in Gronov. although with them the exemption must have been
Tlsesaur. vol. vi.; Simon, Sur les A syles, in 1/am. limited.  (Schol. ad Arist. Plut. 905, Aclsan. 399;
de l'Acad. des Inscript. vol. iii.; Bringer, De Asy-  Suid. s. v. et7eropds ei/il.)  Most information relourn Origine, Use, et Aliusu, Lugd. Bat. 1828; C. specting the ateleia is derived from Demosthenes'
Neu, De Asylis, Gott. 1837; respecting the right speech against Leptines.  But compare also Wolf's
of asylum  in the churches under the Christiarl Prolegoom. ad Lept. p. lxxi. &c.; Bdckh,Paubl. Econ.
emperors, see Rein, Das Criminalrecht der Roiner, p. 85, &c.; TWestermann,  De pzblicis Atlieniensiznaa
p. 896.)                                         Honoribus et Praemeiis, p. 6, &c.     [L. S.]
The term &a'vXta was also applied to the secu-    ATELLA'NAE FA'BULAE.  [COMO.EDIA.]
rity from plunder (aruvhea ieal Kaia' yriy Kal Kcans    ATHENAEUM  (&0,Salov), a school (ludus)
&Aaao-aav), which was sometimes granted by one  founded by the Emperor Hadrian at Rome, for the
state to another, or even to single individuals. (See  promotion of literary and scientific studies (ingezauBkckb, Co[p. Inscrip. i. p. 725.)                aruaz  artium), and called Athenaeum  from  the
ATELEIA (&rEXefa), is generally immunity or town of Athens, which was still regarded as the
exemption from solme or all the duties which a  seat of intellectual refinement.  The Athenaeum
person has to perform  towards the state.  Im- was situated on the Capitoline hill. It was a kind
inunities may be granted either as a privilege to  of university; and a staff of professors, for the
the citizens of a state, exempting them from certain  various branches of study, was regularly engaged.
duties which would otherwise be incumbent on  Undee Theodosius II., for example, there were
them, or they are given as honorary distinctions to  three orators, ten grammarians, five sophists, one
foreign kings, states, communities or even private  philosopher, two lawyers, or jurisconsults. Besides
individuals.  With regard to the latter the ate- the instruction given by these magistri, poets, oraleia was usually an exemption from custom duties  tors, and critics were accustomed to recite their
on the importation or exportation of goods, and  compositions there, and these prelections were somewas given as a reward for certain good services. times honoured with the presence of the emperors
Thus Croesus received  the ateleia at Delphi themselves.  There were other places where such
(Herod. i. 54), the Deceleans at Sparta (Herod. recitations were made, as the Library of Trajan
ix. 73), and Leucon, the ruler of' Bosporus, at [BIBLIOTHECA]; sometimes also a room was hired,
Athens.  (Dem. c. Lept. p. 466, &c.)  It appears and made into an auditorium, seats erected, &c.
that if a person thus distinguished, or a citizen of a  The Athenaeum  seems to have continued in high
foreign community possessing the ateleia, took up his repute till the fifth century.  Little is known of
residenc3 in the state which had granted it, he also  the details of study or discipline ih the Athenaeum,
enjoyed other privileges, such as the exemption  but in the constitution of the year 370, there are
from  the protection money, or tax which resident some regulations respecting students in Rome, from
aliens had to pay at Athens.  (Harpocrat. s. v. which it would appear that it must have been a
icoreTe1s)  Nay this ateleia might even become  very extensive and important institution.  And
equivalent to the full franchise, as, e. g. the Byzan- this is confirmed by other statements contained in
tines gave the exemption from liturgies, and the  some of the Fathers and other ancient authors,
franchise to all Athenians that might go to Byzan- from  which we learn that young men from all
tium.  (Dem. De Coron. p. 256.)  In many in- parts, after finishing their usual school and college
stances a partial ateleia, or an exemption from  studies in their owmn town or province, used to recustom duties, was granted for the purpose of en- sort to Rome as a sort of higher university, for the
couraging commerce.  (Theophr. Cizar. 23; Schol.  purpose of completing their education.  (Aur. Vict.
ad Aristoph. Plut. 905, with Biickh's remarks,Publ. Caees. 14; Dion Cass. lxxiii. 17; Capitolin. Peltin.
Eton. p. 87.)  With regard to the inhabitants of a  11, Gordian. Sen. 3; Lamprid. Alex. Sever. 35;
state, we must, as in the case of Athens, again dis- Cod. Theod. 14. tit. 9. s. 1.)   [A. A.]
tinguish between two classes, viz. the resident    ATHLE/TAE (aOXwrai, &OX'Arr pes), were peraliens and real citizens.  At Athens all resident sons who contended in the public games of the
aliens had to pay a tax (IerEoiKcos) which we may  Greeks and Romans for the prizes (aOha, whence
term protection-tax, because it was the price for the name of &dA71r'aI), which were given to those
the protection they enjoyed at Athens; but as it who conquered in contests of agility and strength.
was the interest of the state to increase commerce, This name was, in the later period of Grecian hisand for that purpose to attract strangers to settle at tory and among the Romans, properly confined to
Athens, many of them were exempted fronm this  those persons who entirely devoted themselves to
tax, i. e. enjoyed the &i'reXela Ue'oE01uoV  (Dem. c. a course of training which might fit them to excel




ATHLETAE.                                          ATHLETAE.                   167
il such contests, and who, in fact, made athletic I upon the state to which he belonged; he entered
exercises their profession.  The athletae differed, his native city in triumph, through a breach made
therefore, from  the agonistae (a&'ycorto'rai), who  in the walls for his reception, to intimate, says
only pursued gymnastic exercises for the sake of Plutarch, that the state which possessed such a
improving their health and bodily strength, and  citizen had no occasion for walls. He usually passed
who, though they sometimes contended for the  through the walls in a chariot drawn by four white
prizes in the public games, did not devote their horses, and went along the principal street of the
whole lives, like the athletae, to preparing for city to the temple of the guardian deity of the
these contests.  In early times there does not ap- state, where hymns of victory were sung.  Those
pear to have been any distinction between the  games, which gave the conquerors the right of such
athletae and agonistae; since we find that many  an entrance into the city, were called iselasticil
individuals, who obtained prizes at the great na- (from Esi~ohAai'Sev ). This term was originally contional games of the Greeks, were persons of con- fined to the four great Grecian festivals, the
siderable political importance, who were never con-  Olympian, Isthmian, Nemean, and Pythian; but
sidered to pursue athletic exercises as a profession. was afterwards applied to other public games, as,
Thus we read that Phayllus, of Crotona, who had  for instance, to those instituted in Asia Minor.
thrice conquered in the Pythian games, commanded  (Suet. Ner. 25; Dion Cass. lxiii. 20; Plut. Sys723.
a vessel at the battle of Salamis (Herod. viii. 47; ii. 5. ~ 2; Plin. Ep. x. 119, 120.)  In the Greek
Paus. x. 9. ~ 1); and that Dorieus, of Rhodes, states the victors in these games not only obtained
who had obtained the prize in all of the four great the greatest glory and respect, but also substantial
festivals, was celebrated in Greece for his opposition  rewards.  They were generally relieved from the
to the Athenians.  (Paus. vi. 7. ~ 1, 2.)  But as payment of taxes, and also enjoyed the first seat
the individuals, who obtained the prizes in these  (7rpoE6Spa) in all public games and spectacles. Their
games, received great honours and rewards, not statues were frequently erected at the cost of the
only from  their fellow-citizens, but also from  state, ill the most frequented part of the city, as
foreign states, those persons who intended to con- the market-place, the gymnasia, and the neightend for the prizes made extraordinary efforts to  bourhood of the temples.  (Pans. vi. 13. ~ i, vii.
prepare themselves for the contest; and it was  17. ~ 3.)  At Athens, according to a law of Solon,
soon found that, unless they subjected themselves  the conquerors in the Olympic gamnes were reto a severer course of training than was afforded by  warded with a prize of 500 drachmae, and the
the ordinary exercises of the gymnasia, they would  conquerors in the Isthmian, with one of 100
not have any chance of gaining the victory.  Thus  drachmae (DioRg. LaUrt. i. 55; Plut. Sol. 23);
arose a class of individuals, to whom  the term  and at Sparta they had the privilege of fighting
athletae was appropriated, anal who became, in  near the person of the king.   (Plut. Lye. 22.)
course of time, the only persons who contended in  The privileges of the athletae were preserved and ilthe public games.                                  creased by Augustns (Suet. Aug. 45); and the fol.
Athletae were first introduced at Rome, B. C. lowing emperors appear to have always treated these
186, in the games exhibited by M. Fulvius, on  with considerable fivour.  Those who conquered
the conclusion of the Aetolian war.  (Liv. xxxix.  in the games called iselastici received, ic the time
22.)  Aemilius Paulus, after the conquest of Per-  of Trajan, a sum from  the state, termed oq)soei(t.
seus, B. C. 167, is said to have exhibited games at (Plin. Ep. x. 119, 120; compare Vitruv. ix. -rueaf:)
Amphipolis, at which athletae contended. (Liv. xlv. By a rescript of Diocletian and Maximnia, those
32.)  A  cetanmen at/letaorul   (Val. Max. ii. 4. athletae who had obtained in the sacred gamces
~ 7) was also exhibited by Scaurus, in B. c. 59;  (sacri certaminnis, by which is probably meant the
and among the various games with which Julius  iselastici ludi) not less than three crowns, and had
Caesar gratified the people, we read of a contest of not bribed their antagonists to give them the vicathletae, which lasted for three days, and which  tory, enjoyed immunity from all taxes.  (Cod. 10.
was exhibited ih a temporary stadium  in the  tit. 53.)
Campus Martius.  (Suet. Jul. 39.)  Under the    The term  athletae, though sometimes applied
Roman  emperors, and  especially under Nero, metaphorically to other combatants, was properly
who was passionately fond of the Grecian games, limited to those who contended for the prize inl the
the number of athletae increased greatly in Italy, five following  contests:- 1. Runznisng (?pduos.
Greece, and Asia Minor; and many inscriptions  ceunsus).  2. Wrestlisg (srdcAl, lucta).  3. Bo.xrig
respecting them  have come down to us, which  (srvuyu,psugilatus). 4. Thepentetrt/on (7rF'rastAov),
show  that professional athletae were very numer-  or, as the Romans called it, quizquertinuin. 5. lhe
ous, and that they enjoyed several privileges. pancratiezu  (sraytcptdrloe).  Of all these an accouLlt
They formed at Rome a kind of corporation, and  is given in separate articles. [STaDnUl;   L cUT.-;
possessed a tabulanium, and a common hall-   PEUILATvS;  PENTATHLON;  PANCR.ATrlU.]
curia athleterum (Orelli, Inscrip. 2588), in which  These contests were divided into two kinds - the
they were accustomed to deliberate on all matters  severe  ($3ap&a, 8ap'Tepa), and the light (Koilq!a,
which had a reference to the interests of the body. Kovi-rsFepa).   Under the former were included
WVe find that they were called Herculanei, and  wrestling, boxing, and the exercises of the panlcraalso aystici, because they were accustomed to ex-  tiunm, which consisted of wrestling anrd boxing comercise, in winter, in a covered place called xystlus  bined, and was also called pammcachion; and under
(Vitruv. vi. 10); and that they had a president, the latter, running, and the separate parts of the
who'was called xystanrchus, and also apXLepESs.  pentathlon, such as leaping, throwing the discus,
Those athletae who conquered in any of the  &c.  (Plat. Leg. viii. p. 833, Euthyd. p. 271.)
great national festivals of the Greeks were called    Great attention was paid to the training of the
leieronicae (hspov7?ac), and received, as has been al- athletae.  They were generally trained in the
ready remarked, the greatest honours and rewards. palaestrae, which, in the  Grecian states, were
Such a conqueror was considered to confer honour distinct places' from  the gymnasia, though they
M 4




168                ATIMIA.                                            ATIMIA.
lhave  been  -frequently  confounded  by modern  all that belonged to him (his children as weil as,his
writers.  [PALAESTP.A.]  Their exercises were  property), had, in the eyes of the state and the
superintended by the gymnasiarch (yvttu'aotLdpX7s), laws, no existence at all.  This atimia, undoubtand their diet was regulated by the aliptes (aXEisr-  edly the only one in early times, may be ternmed a'rks).  [ALIPTAE.]  According to Pausanias (vi. total one, and in cases where it was inflicted as a
7. ~ 3), the athletae did not anciently eat meat, punishment for any particular crime, was gonebut principally lived upon fresh cheese (rvpbl' eKc rally also perpetual and hereditary; hence Denmo-.rs, TaeXdp ce); and Diogenes Laertius (viii. 12, sthenes, in speaking of a person suffering under it,
13) informs us that their original diet consisted  often uses the expression caOdcra  i a-t-ucos, or i7rXk&s
of dried figs (ioXaa'o ~-qpat7), moist or new cheese  &da-Firal (c. Mlid. p. 542, c. Aristog. p. 779, c..M,;d.
(TVUpOSs VypoTs), and wheat (orvpo7s).  The eating  p. 546).  A detailed enumeration of the rights of
of meat by the athletae is said, according to some  which an atimos was deprived, is given by Aeswriters (Paus. 1. c.), to have been first introduced  chines (c. Tisnarch. pp. 44, 46).  lte was not
by Dromeus of Stymphalus, in Arcadia; and, ac-  allowed to hold any civil or priestly office whatcording to others, by the philosopher Pythagoras,  ever, either in the city of Athens itself, or in any
or by an aliptes of that name.  (Diog. Lairt. 1. c.)  town within the dominion of Athens; he could not
According to Galen (De Val. Tuend. iii. 1), the  be employed as herald or as ambassador; he could
athletae, who practised the severe exercises (Bapers not give his opinion or speak either in the public
a&OXTrat), ate pork and a particular kind of bread; assembly or in the senate, he was not even allowed
and from  a remark of Diogenes the Cynic (Diog. to appear within the extent of the agrora; lie was
Lalrt. vi. 49), it would appear that in his time  excluded from  visiting the public sanctuaries as
beef and pork formed the ordinary diet of the  well as from taking part in any public sacrifice; he
athletae.  Beef is also mentioned by Plato (De  could neither bring anl action against a person from
Rep. i. p. 338) as the food of the athletae; and  whom he had sustained an injury, nor appear as a
a writer quoted by Athenaeus (ix. p. 402, c. d.)  witness in any of the courts of justice; nor could,
relates that a Theban who lived upon goats' flesh  on the other hand, any one bring an action against
became so strong, that he was enabled to over-  him.  (Compare Dem. c. WNaer. p. 1353, c. Tiziocome all the athletae of his time.  At the end  crat. p. 739, De Lib. Rhod. p. 200, Philip. iii.
of the exercises of each day, the athletae were  p. 122, c. AMMid. p. 542, Lys. c. Aldloc. p. 222.)
obliged to take a certain quantity of food, which  The right which, in point of fact, included most of
was usually called  aatcyKoayifa and &'ayscoTooqiea,  those which we have here enumerated, was that
or,t1alos Ts-pod  (Arist. Pot. viii. 4); after which, of taking part in the popular assembly (XiYEzv
they were accustonmed to sleep for a long while.  and'ypdqeEv).  IIence, this one right is most freThe quantity of animal food which some celebrated  quently the only one which is mentioned as being
athletae, such as Milo, Theagenes, and Astydamas,  forfeited by atimlia.  (Dem. c. Tinocstut. pp. 715,
are said to have eaten, appears to us quite incre-  717; Aeschin. c. Tinzarch. p. 54, &c.; Andocid.
dible.  (Athen. x. pp. 412, 413.)  The food which  De Myst. p. 36; Dem. c. Androt. pp. 602, 604.)
they ate was usually dry, and is called by Juvenal  The service in the Athenian armies was not only
coliphia (ii. 53).                                 regarded in the light of a duty which a citizen
The athletae were anointed with  oil by the  had to perform  towards the state, but as a right
aliptae, previously to entering the palaestra and  and a privilege; of which therefore the atimos was
contending in the public games, and were accus-  like-wise deprived.  (Dem. c. Tismeoceat. p. 71,5.)
tomed to contend naked.  In the description of When we hear that an atimos had no right to
the games given in the twenty-third book of the  claim the protection of the laws, when suffering
Iliad (1. 685, 710), the combatants are said to have  injuries from  others, we must not imagine that
worn a girdle about their loins; and the same  it was the intention of the law  to expose the
practice, as we learn from  Thucydides (i. 6), atimos to the insults or ill-treatment of his former
anciently prevailed at the Olympic games, but fellow-citizens, or to encourage the people to inalwas discontinued afterwards.                      treat him with impunity, as might be inferred from
This subject is one of such extent that nothing  the expression  or  vrT,uo'roO ieE'AovT'os  (Plat.
but asl outline can here be gi oen; further particu-  Gorg. p. 508); but all that the law meant to do
l.irs are contaiIled in the articles ISTHMI5A, NEMEA,   was, that if any such thing happened, the atimos
OLYMrIA, and PYTHIA; and the whole subject had no right to claim the protection of the laws.
is treated most elaborately by Krause, Die Gynz-  We have above referred to two laws mentioned by
nastiki und Agonistik denr )ellenen, Leipzig, 1841.   Demosthenes, in which the children and the property
ATHLO THETAE.  [AGONOTHETAE.]                   of an atimos were included in the atimia.  As reATI;MlA  (&rsLuIa).  A citizen of-Athens had  gards the children or heirs, the infamy came to
the power to exercise all the rights and privileges  them  as an inheritance which they could not
of a citizen as long as he was not suffering under  avoid.  [HaEEs.]  But when we read of the proany kind of atismia,  a word which in meaning  perty of a man being included in the atimia, it
nearly answers to our outlawry, in as much as a  can only mean that it shared the lawless characperson forfeited by it the protection of the laws of ter of its owner, that is, it did not enjoy the prohis country, and mostly all the rights of a citizen  tection of the law, and could not be mortgaged.
also.  The atimia occurs in Attica as early as the  The property of an atimos for a positive crime,
legislation of Solon, without the term itself being  such as those mentioned below, was probably never
in any way defined in the laws (Dem. c. Aris-  confiscated, but only in the case of a public debtor,
tocrat. p. 640), which shows that the idea coli-  as we shall see hereafter; and when Andocides (de
nlected with it must, eoen at that time, have been  Myst. p. 36) uses the expression  rsTptos iTas Ts& o&familiar to the Athenians, and this idea was pro- /uara, Ta 8E Xp1larca EItXoV, the contrary which heo
bablly that of a complete civil death; that is, an  had in view can only have been the case of a public
individual labourilng under atimnia, together with  debtor.  On the whole, it appears to have been




ATIMIA.                                          ATIMlA.                   169
foreign'to Athenian notions of justice to confiscate  atimos.  The only but almost impracticable mode
the property of a person who had incurred per- of obtaining release was that mentioned above in
sonal atimia by some illegal act.  (Dem. c. Lept. connection with the total and perpetual atimia.
p. 504.)                                            A third and only partial kind of atimia deprived
The crimes for which total and perpetual ati-  the person on whom it was inflicted only of a pormia was inflicted on a person were as follow: -   tion of his rights as a citizen. (Andocid. de Mlyst.
The giving and accepting of bribes, the embezzle- p. 17 and 36.)  It was called the ar3lzfia,ac&
ment of public money, manifest proofs of cowardice  irpdo4ra~Ev, because it was specified in every single
in the defence of his country, false witness, false  case what particular right was forfeited by the
accusation, and bad conduct towards parents (An-  atimos.  The following cases are expressly mendocid. 1. c.): moreover, if a person either by deed  tioned: — If a man came forward as a public acor by word injured or insulted a magistrate while  cuser, and afterwards either dropped the charge or
he was performing the duties of his office (Dem. did not obtain a fifth of the votes in favour of his
e. Mid. p. 524, Pro Megalop. p. 200); if as a judge  accusation, he was not only liable to a fine of
he had been guilty of partiality (e. Mid. p. 543);  1000 drachmae, but was subjected to an atimia
if he squandered away his paternal inheritance, or which deprived him of the right, in future, to apwas guilty of prostitution (Diog. Labrt. i. 2. 7), &c. pear as accuser in a case of the same nature as
We have above called this atimia perpetual; for if that in which he had been defeated or which lihe
a person had once incurred it, he could scarcely  had given up.  (Dem. c. Aristog. p. 803; Harever hope to be lawfully released from it.  A law, pocrut. s. v. Acpoopw  yppaqsC.)  If his accusation had
mentioned by Demosthenes (c. Timocrst. p. 715), been a ypaspm'i &eceEe'a s, he also lest the right of
ordained that the releasing of any kind of atimoi visiting particular temples.  (Andocid. de, JlIyst. p.
should never be proposed in the public assembly,  17.)  Some cases are also mentioned ii which an
unless an assembly consisting of at least 6000  accuser, though he did not obtain a fifth of the
citizens had previously, in  secret deliberation, votes, was not subjected to any punishment whatagreed that such might be done.  And even then  ever.  Such was the case in a charge brought bethe matter could only be discussed in so far as the  fore the first archon respecting the ill-treatment of
senate and people thought proper.  It was only in  parents, orphans, or heiresses.  (Meier, de Bon.
times when the republic was threatened by great Damnnat. p. 133.)  In other cases the accuser
danger that an atimos might hope to recover his  was merely subject to the fine of 1000 drachmae,
lost rights, and in such circumstances the atimoi without incurring any degree of atimia.  (Pollux,
were sometimes restored en masse to their former viii. 53.)  But the law does not appear to have
rights.  (Xen. Hetlen. ii. 2. ~ 11; Andocid. 1. c.)  always been  strictly observed.  (B6ckh, Publ.
A second kind of atimia, which though in its  Econ. of Athens, p. 381, 2d ed.)  Andocides menextent a total one, lasted only until the person  tions some other kinds of partial atimia, but they
subject to it fulfilled those duties for the neglect seem to have had only a temporary application at
of which it had been inflicted, was not so much a  the end of the Peloponnesian war; and the paspunishment for any particular crime as a means of sage (De, ]lyst. p. 36) is so obscure or corrupt,
compelling a man to submit to the laws. This was  that nothing can be inferred from it with any certhe atimia of public debtors. Any citizen of Athens  tainty.  (WVachsmuth, Hellen. Altertl. vol. ii. p.
who owed money to the public treasury, whether  198, 2d ed.)  Partial atimia, when once inflicted,
his debt arose from a fine to which he had been  lasted during the whole of a man's life.
condemned, or from a part he had taken hi any    The children of a man who had been put to
branch of the administration, or from his having  death by the law were also atimoi (Dem. c. jAsispledged himself to the republic for another person, toq. p. 779; compare HERES); but the nature or
was in a state of total atimia if he refused to pay or duration of this atimia is unknown.
could not pay the sum which was due.  His chil-    If a person, under whatever kind of atimia he
dren during his lifetime were not included in his  was labouring, continued to exercise any of the
atimia; they remained eiirLtmol. (Dem. c. T/leocrin. rights which he had forfeited, he might immedip. 11322.)  If he persevered in his refusal-to pay  ately be subjected to &7raewyTyo  or  e6ELISzs: and ifbeyond the time of the ninth prytany, his debt his transgression was proved, he might, without
was doubled, and his property was taken and sold. any further proceedings, be punished immediately.
(Andocid. 1. c.; Dem. c. Nicostrat. p. 1255, c.    The offences which were punished at Sparta
Nveaer. p. 1347.)  If the sum  obtained by the  with atimia are not as well known; and in many
sale was sufficient to pay the debt, the atimia  cases it does not seem  to have been expressly
appears to have ceased; but if not, the atimia not mentioned by the law, but to have depended enonly continued to the death of the public debtor, tirely upon public opinion, whether a person was
but was inherited by his heirs, and lasted until the to be considered and treated as an atimos or not.
debt was paid off. (Den. c. Androt. p. 603, com- In general, it appears that every one who refused
pare Bdckh, Publ. Econs. of Athens, p. 391, 2d  to live according to the national institutions lost
edit.; and HREas.)  This atimia for public debt the rights of a full citizen (o3woOrs, Xenoph. de
was sometimes accompanied by imprisonment, as Rep. Laced. x. 7; iii. 3).  It was, however, a
in the case of Alcibiades and Cimon; but whether positive law, that whoever did not give or could
in such a case, on the death of the prisoner, his not give his contribution towards the syssitia, lost
children were likewise imprisoned, is uncertain. his rights as a citizen.  (Aristot. Polit. ii. 6. p.
If a person living in atimia for public debt peti- 59, ed. Gittling.)  The highest degree of infamy
tioned to be released from his debt or his atimia, fell upon the coward (rpieas) who either ran away
he became subject to EfY8St1Ls: and if another per- from the field of battle, or returned home without
son made the attempt for him, he thereby forfeited  the rest of the army, as Aristodemus did after the
his own property; if the proedros even ventured  battle of Thermopylae (Herod. vii. 231), though
bo put the question to the vote, he himself became  in this case the infamy itself, as well as its humni



170              ATLANTES.                                     ATRAMENTUM.
liating consequences, were manifestly the mere  of the building. They were mucl mre freely used
effect of public opinion, and lasted until the person  in tripods, thrones, and so forth.
labouring under it distinguished himself by some    They were also applied as ornaments t6 the sides
signal exploit, and thus wiped off the stain from  of a vessel, having the appearance of supporting the
his name.  The Spartans, who in Sphacteria had  upper works; as in the ship of Hiero, described by
surrendered to the Athenians, were punished with  Athenaeus (v. p. 208. b).
a kind of atimia which deprived them  of their    A representation of such figures is given in the
claims to public offices (a punishment common to  preceding woodcut, copied from the tepidarium in
all kinds. of atimia), and rendered them incapable  the baths at Pompeii: another example of them is
of making any lawful purchase or sale. After- in the temple of Jupiter Olympius at Agrigentum.
wards, however, they recovered  their rights.    (Muller, Archiiol. d. Kunst, ~ 279;  Mauch, die
(Thuc. v. 34.)  Unmarried men were also sub-  Griech. u. Rmn. Bau-Ordnyungen, p. 88.)   [P. S.]
ject to a certain degree of infamy, in so far as they    ATRAMENTUM, a term  applicable to any
were deprived of the customary honours of old age, black colouring substance, for whatever purpose it
were excluded from taking part in the celebration of may he used (Plaut. Mostell. i. 3. 102; Cic. de
certain festivals, and occasionally compelled to sing  Nat. Deor. ii. 50), like the E.cxae of the Greeks.
defamatory songs against themselves.  No atimos  (Dem. de Cor. p. 313.)  There were, however,
was allowed to marry the daughter of a Spartan  three principal kinds of atramentum, one called
citizen, and was thus compelled to endure the  librariumn, or scriptorisum  (in Greek, ypac(prKc
ignominies of an old bachelor.  (Plut. Agesil. 30; /E'Nay), another called sutorium?, the third tectorizu7.
Miiller, Dor. iv. 4. ~ 3.)  Although an atimos at Atramnentum librarium was what we call writingSparta was subject to a great many painful restric- ink.  (Hor. Ep. ii. 1. 236; Petron. 102; Cic. ad
tions, yet his condition cannot be called outlawry; Qu. F'. ii. 15.)  Atramnentum sutoerino was used
it was rather a state of infamy properly so called. by shoemakers for dyeing leather.  (Plin. H. N.
Even the atimia of a coward cannot be considered  xxxiv. 12. s. 32.)  This atranzentumn sutorium conequivalent to the civil death of an Athenian atimos, tained some poisonous ingredient, such as oil of
for we find him  still acting to some extent as a  vitriol; whence a person is said to die of atramencitizen, though always in a manner which made  tum  sutorium, that is, of poison, as in Cicero (ad
his infamy manifest to every one who saw him.    Fans. ix. 21.) Atra?mentuns tectoriumn, or pictoriuse,
(Lelyveld, De Infania e Jure Atticeo, Amstelod. was used by painters for some purposes, apparently
1835; Wachsmuth, Htellen. Alterth. &c. vol. ii. p. as a sort of varnish.  (Plin. H. N. xxxvi. 5. S. 25,
195, &c., 2d edit.; Meier, De Bonis Damnat. p. &c.)  The Scholiast on Aristophanes (Plut. 277)
101, &c.; Schumann, De Cornit. Ath. p. 67, &c. says that the courts of justice, or atrcaao'pla, in
transl.; Hermann, Polit. Ant. of Greece, ~ 124; Athens were called each after some letter of the
Meier und Schomann, Att. Proc. p. 563.  On the  alphabet: one alpha, another beta, a third gamma,
Spartan atimia in particular, see Wachsmuth, &c., and, so on, and that against the doors of each
vol. ii. p. 155, &c., 2d ed.; Miiller, Dor. iii. 10. auCao'1Tplov, the letter which belonged to it was
~ 3.)                                 [L. S.]    written 7ruotq  BdiucarTL, in "'cred ink."  This "red
ATLANTES (rka~vers) and TELAMO'NES  ink," or   red dye," could not of course be called
('reXaCtcves), are terms used in architecture, the  atramnentum.  Of the ink of the Greeks, however,
former by the Greeks, the latter by the Romans, nothing certain is known, except what may be
to designate those male figures which are sometimes gathered from the passage of Demosthenes above
fancifully used, like the female Caryatides, in place referred to, which will be noticed again below.
of columns (Vitruv. vi. 7. ~ 6, Schneid.).  Both  The ink of the Egyptians was evidently of a very
words are derived from'-rxiat, and the former superior kind, silnce its colour and brightness reevidently refers to the fable of Atlas, who sup- main to this day in some specimens of papyri.
ported the vault of heaven, the latter perha7ps to the  The initial characters of the pages are often written
strength of the Telamonian Ajax.                 in red ink.  Ink among the Romans is first found
The Greek architects used such figures sparingly, mentioned in the passages of Cicero and Plautus
and generally with some adaptation to the character above referred to.  Pliny informs us how it was
made. He says, " It was made of soot in various
ways, with burnt resin or pitch: and for this purpose," he adds, " they have built furnaces, which
do not allow the smoke to escape.  The kind most
commended is made in this way from pine-wood:
-It is mixed with soot from the furnaces or baths
lii              V                            |il'fill ~l ___   i t   egg\/ 1 ~  (that is, the hypocausts of the baths); and this' I  I=~ —-~~ ~  i~l~ll!"~~     they use ad volurnina scribenda.  Some also make
a kind of ink by boiling and straining the lees of
wine," &c. (Plin. HI. N. xxxvi. 5. s. 25.)  With
this account the statements of Vitruvius (vii. 10.
p. 197, ed. Schneider) in the main agree.  The
black matter emitted by the cuttle-fish (sepia),
ii (I \,~ I  and hence itself called sepia, was also used for
atramentum. (Cic. de Nat. Deor. ii. 50; Persius,,,,^'- I {Id' t,                  Sat. iii. 12, 13; Ausonius, iv. 76.) Aristotle, however, in treating of the cuttle-fish, does not refer
to the use of the matter (goxbs) which it emitsi as
____       ink. (Aelian, H. A. i. 34.) Pliny observes (xxvii.
lis  ssi  i7. s. 28) that an infusion of wormwood with ink
preserves a manuscript fiom mice.  On the whole,




ATRAMENTUM.                                          ATTICURGES.                   171
perhaps, it may be said that the inks of the an- I'ound or hexagonal.  They had covers to keep the
cients were more durable than our own; that they  dust from  the ink.  The annexed cuts represent
were thicker and more unctuous, in substance and  inkstands found at Pompeii. [CALAMUS.] (Canedurability more resembling the ink now used by  parius, DeAtramcentis cajusque Generis, Loend. 1660;
printers.  An inkstand was discovered at Hercu-  Beckmann, flistory of Inventions, vol. i. p. 106,
laneum, containing ink as thick as oil, and still  vol. ii. p. 266, London, 1846; Becker, Clerikles,
usable for writing.                                vol. ii. p. 222, &c., Gallus, vol. i. p. 166, &c.)
It would appear also that this gummy character                                          [A. A.]
of the ink, preventing it from running to the point
of the pen, was as much complained of by the ancient Romans as it is by ourselves.  Persius (Sat.
iii. 12) represents a foppish writer sitting down to                                     )
compose, but, as the ideas do not run freely, —          a    d
"Tune queritur, crassus calamo quod pendeat humor;                                    i
Nigra quod infusa vanescat sepia lympha."
They also added water, as we do sometimes, to
thin it.
From  a phrase used by Demosthenes, it would                            I
appear as if the colouring ingredient was obtained
by rubbing from some solid substance (7  /e.av'I
TpLenlY, Dem. de Cor. p. 313), perhaps much as we
rub Indian ink. It is probable that there were
many ways of colouring ink, especially of different    A'TRIUM  is used in a distinctive as well as
colours.  Red ink (made of minuium, vermilion) 
w~as used for Mwriting the titles and beginnings of collective sense, to designate a particular part in the
books (Ovid, Trist. i. 1. 7), so also was ink madeprivate houses of the Romans [Dous] and also
of rurzica, "c red ochre " (Siden. vii. 12); and be- a class of public buildings, so called from  their
cause the headings of laws were written with rublica,  general resemblance in construction to the atrium
the word rubric came to be used for the civil law, of a private house.  There is likewise a distinction
(Quintil. xii. 3.)  So albumn, a white or whited  between atrium  and area; the former being an
table, on which the praetors' edicts were written, open area surrounded by a colonnade, whilst the
latter had no such ornament attached to it.  The
himself to ainbun and s rubr ica, was a person devoting  atrium, moreover, was sometimes a building by it.
himself to the law. [ALaUaM.]  There was also a  self, resembling in some respects the open basilica
very expensive red-coloured ink with which the  [BASILICA], but consisting of three sides.  Such
emperor used to write his signature, but which any   was  the Atrium  Publicui  in the capitol, which
one else was by an edict (Cod. 1. tit. 23..  6)  Livy  informs us, was struck with lightnin  B. a.
forbidden to use, excepting the sons or near rela-   ched to some temple o other edifice, and in such
tions of the emperor, to whom the privilege was ex-  cached to somiste mple o other edifice, and  surrounding
pressly granted. But if the emperor was under age, case consisted of an open area and surrounding
presslynted.  But if the emperor was under age, portico in front of the structure, like that before
his guardian used a green ink for writing his signa-  the church of St. Peter, in the Vatican.  Several
ture. (Montfaucon, Palaeog. p. 3.) On the banners
of Crassus there were  pl    letters O  of these buildings are mentioned by the ancient
ofprausTa.  (Dion Cass. xl. 18.)  Osletters- p oaand  historians, two of which were dedicated to the same
monuments letters of gold and silver, or letters  goddess, Libertas; but an accolmt of these buildcovered with gilt and silver, were sometimes used.  ings belongs to Roman topography, which is treated
(Cic. Verr. iv. 27; Suet. Aug. 7.)  In  writing also  o TTCURGES   ('Amrr o   ovpysf Geogapy  Attic
this was done at a later period.  Suetonius (Arer.URGES  (A                     ovpS,     te Attic
style), is an architectural term, which only occurs
10) says, that of the poems which Nero recited at  style), is an architectural term, which only occurs
10) says, that of the poems which Nero recise at  in Vitruvius  (iii. 5. ~ 2, iv. 6. 8~ 1. 6, Schn.: as
Rome one part was written in gold (or gilt) lettersius (iii. 5. ~ 26,  Schn.: a
and consecrated to Jupiter Capi-  a common adjective, the word only occurs in a
(uis litteris), and consecrated to Jupiter Cap-  fragment of Menander, No. 628, Meineke).  The
tolinus.  This kind of illuminated writing was  word is evidently used not to describe a distinct
more practised afterwards in religious compositions,  order of architecture, but any of those variations
which were considered as worthy to be written  which the genius of the Athenian architects made
in letters of gold (as we say even now), and there   whihon  the estoblishe  Athenian architets mader
fore were actually written so.  Something like  upon the established forms.  In the former paswhat we call sympathetic ink, which is invisible  sage, Vitruvius applies it to a sort of base of
till heat, or some preparation be applied, appears to
lave been not uncommon. So Ovid (Ast. Amn. iii.
627, &c.) advises writing love-letters with fresh
milk, which would be unreadable, until the letters
were sprinkled with coal-dust.  Ausonius (ELoist.
xxiii. 21) gives the same direction. Pliny (xxvi.
8) suggests that the milky sap contained in some
plants might be used in the same way.
An inkstand (rv'tlo~,,EXav6'Xov, Pollux, iv.
18, x. 59) was either single or double. The double            _
inkstands were probably intended to contain both
black and red ink, much in the modern fashion. a column, which he describes as consisting of two
They were also of various shapes, as for example, tori divided by a scotia or trochilus, with a fillet




'172               AUCTIO.                                            AUC, TC)lt.
above and below, and beneath all a pluntli: but phrase " sub hasta vender " (Cic. De O': ii. 8)
ill several of the best examples the plinth is  signified an auction.  The expression" asta pub:
wanting. (For the exactproportions, see Vitruvius.)  blica" is now used inl Italy to signify an auction:
This form  of base seems to have been originally  the expression is "vendere all' asta pubblica," or
an Athenian simplification of the Ionic base; but "' vendere per subasta."  By the auctio, the Quiriit was afterwards used in the other orders, especi- tarian ownership in the thing sold was transally the Coriithian and the Roman Doric; and it  ferred  to the purchaser.  LBoNOraus   EaITo;O
is usually regarded as being, from its simple ele-  SECTIO.]                              [G. L.]
gance, the most generally applicable of all the    AUCTOR, a word which contains the same
bases [SpInA].                                     element as azeg-eo, and signifies generally one who
In the second of the passages above referred to, enlarges, confirms, or gives to a thing its completeVitruvius applies the term Attics-ges to a particular  ness and efficient form.  The numerous technical
form of door-way, but it differed very little from that significations of the word are derivable from this:
which he designates as the Doric: in fact, though  general notion.  As he who gives to a thing that
Vitruvius enumerates three kinds of doorways to  which is necessary for its completeness, may in this
temples, the Doric, Ionic, and Attic, we only find  sense be viewed as the chief actor or doer, the
in the existing building two really distinct forms. word auctor is also used in the sense of one who
(Mauch, die GCrie.,. ss. RMoe. P.au-Ordnuzsecen. originates or proposes a thing; but this cannot bep. 97.)  According to Pliny (H. N. xxxvi. 23. viewed as its primary meaning.  Accordingly, the
s. 56) square pillars were called Atticace colun- word auctor, when used in connection with lex cr
nae.)                                   [P. S.]    senatus consultum, often means him who originates
AU'CTIO signifies generally "an increasing, an  and proposes, as appears from numerous passages.
enhancement," and hence the name is applied to a  (Liv. vi. 36; Cic. I'ro Dons. c. 30.)  When a
public sale of goods, at which persons bid against measure was approved by the senate before it was
one another. The term aoectio is general, and coin-  confirmed by the votes of the people, the senate
prehsends the species auctio, bonorszon  enstio and  were said csuctores fieri, and this preliminary apseotio.  As a species, auctio signifies a public sale  proval was called senatus cauctoritas. (Cic. PBrutus,
of goods by the owner or his agent, or a sale of c. 14.)
goods of a deceased person for the purpose of di-    The expressions " patres auctores fiunt," " pariding the money among those entitled to it, which  tres auctores facti," have given rise to much diswas called auctio lzereditaria. (Cic. Pro Caecin. 5.)  cussion.  In  the earlier periods of the Roman
The sale was sometimes conducted by an argen-  state, the word " patres " was equivalent to " patarius, or by a magister auctionis; and the time, tricii;" in the later period, when the patricians had
place, and conditions of sale, were announced  lost all importance as a political body, the term
either by a public notice (tabuela, calbum, &c.), or patres signified the senate.  But the writers of
by a crier (praeco).                              the age of Cicero, when speaking  of the early
The usual phrases to express the giving notice  periods, often used the word patres, when they
df a sale are auctionemn proscribee, pracedicare; and  might have used patricii, and thus a conc'usion
to determine on a sale, auctioneno constituere. The  arose between the early and the later signification
purchasers (eotores), when assembled, were sole-  of the word patres.
times said cad tbzsalrza  adesse.  The phrases signi-    The expression " patres auctores fiunt " means
fying to bid are, liceri, licitari, which was done  that the determinations of the populus in the comitia
either by word of mouth, or by such significant centuriata were confirmed by the patricians in the
hints as are known to all people who have attended  comitia curiata.  To explain this fully, as to the
an auction.  The property was said to be knocked  earliest periods, it is necessary to show what the
down (addlici) to the purchaser who either en- lex curiata de inperieo was.
tered into an engagement to pay the money to    After the comitia curiata had elected a king
the argentarius or magister, or it was sometimes a  (creavit), the king proposed to the same body a
condition of sale that there should be no delivery of lex curiata de imnperio. (Cic. De Rep. ii. 13, 17, 18,
the thing before payment. (Gaius iv. 126; AcTro,  20.). At first it might appear as if there were
pp. 9, 10.) An entry was made in the books of the  two elections, for the patricians, that is the poargentarius of the sale and the money due, and  pulos, first elected the king, and then they had
credit was given in the same books to the purchaser to vote again upon the imperium. Cicero (De Lefl.
when he paid the money (expensa pecunia latt, Agr. ii. 11) explains it thus -that the popnlus had
accepta relata).  Thus the book of the argentarius  thus an opportunity to reconsider their vote (-emight be used as evidence for the purchaser, both  prehesndencli potestas).  But the chief reason was
of his having made a purchase, and having paid for that the imperium was not conferred by the bare
the thing purchased.  If the money was not paid  election, and it was necessary that the king should
according to the conditions of sale, the argentanius  have the imnperium: consequently there must be a
could sue for it.                                  distinct vote upon it.  Now Livy says nothing of
The praeco, or crier, seems to have acted the part the lex curiata in his first book, but lle uses the
of the modern auctioneer, so far as calling out the  expression " patres auctores fierent," e" patres aucbiddings (Cic. De Qffic. ii. 23), and amnusing the  tores facti."  (Liv. i. 17, 22, 32.)  In this sense
company.  Slaves, when sold by auction, were  the patres were the " auctores comitiorum," an explaced on a stone, or other elevated thing, as is  pressionanalogous to that in which a tutor is said to
sometimes the case when slaves are sold in the  be an auctor to his pupillhs. In some passages the
United States of North America; and hence the  expression " patricii auctores " is used, which is an
phrase lhomo  de iapide enmtus.  It was usual to put additional proof that in the expression " patres
up a spear, 7iasta, ill auctions, a symbol derived, it auctores," the patrician body is meant, and not the
is said, fromn the ancient practice of selling under  senate, as some have supposed.
a spear the booty acquired in war.  Hence the    Cicero, in the passages quoted, does not use the




AUCTOR.                                         AUCTORITAS.                   173
expression "' patres auctores fiunt," nor does Livy, the meaning of each is kept distinct.  (Cic. ('Q
in the passages quoted, speak of the lex curiata de  iii. 30.)
imperio. But they speak of the same thing, though    With reference to dealings between individuals,
they use different expressions. This explains why  auctor has the sense of owner (Cic. Pro Caeciitl
Dionysius sometimes uses an expression equivalent  10), and is defined thus (Dig. 50. tit. 17. s. 175):
to " patricii auctores fiunt," for patricii of course  Auctor meus a quo jus in me transit. In this sense
means the curiae, and not the senate.  (Antiq.  auctor is the seller (venditor), as opposed to the
Roin. ii. 60, vi. 90.)                             buyer (erator): the person who joined the seller ill
Till the time of Servius Tullius there were only  a warranty, or as security, was called auctor sethe comitia curiata, which, as already explained, first ezlsdu1s, as opposed to the seller or auctor prilmus.
elected a king, and then by another vote conferred  (Dig. 19. tit. 1. s. 4, 21; tit. 2. s. 4, 51.)  The
the imperium.  The imperium could only be con- phrase a malo azuctore enezre (Cic. Verr. 5. c. 22) -
ferred on a determinate person.  It was, therefore, auctorem laudcare (Gell. ii. 10) will thus be intelnecessary to determine first who was to be the per-  ligible.  The testator, with respect to his heir,
son who was capable of receiving the imperium; might be called auctor.  (Ex  Corp. Hermogen.
and thus there were two separate votes of the pa-  Cod. tit. 11.)
tres.  Servits Tullius established the comitia cen-    Consistently with the meanings of auctor as alturiata, in which the plebs also voted.  When. his  ready explained, the notion of consenting, approvconstitution was in full force after the exile of the  ing, and giving validity to a measure affecting a
last Tarquin, the patres had still the privilege of person's status clearly appears in the following pasconfirming at the comitia curiata the vote of the  sage. (Cic. Pro Donz. c. 29.)
comitia centuriata, that is, they gave to it the    Auctor is also used generally to express any per"C patrum auctoritas " (Cic. De Repub. ii. 30); or, son under whose authority any legal act is done.
in other words, the c" patres ".were "c allctores facti."  In this sense, it means a tutor who is appointed
(Cic. Pro Plancio, c. 3.)  That this was the prac- to aid or advise a woman on account of the intice under the early Republic, we see from Livy  firmity of her sex (Liv. xxxiv. 2; Cic. Pro Caeciul.
(ix. 38, 39).                                      c. 25; Gaius, i. 190, 195): it is also applied to a
Ins the fifth century of the city a change was  tutor whose business it is to approve of certain acts
made.  By one of the laws of the plebeian dic- on behalf of a ward (pupilias).  (Paulus, Dig. 26.
tator Q. Publilius Philo, it was enacted (Liv. viii. tit. 8. s. 3.)
12) that in the case of leges to be enacted at the    The term anuctores juris is equivalent to juriscomitia centuriata, the patres should be auctores, periti (Dig. 1. tit. 2. s. 2. ~ 13; Gellius, ii. c. 10):
that is, the curiae should give their assent before  and the law writers or leaders of particular schools of
the vote of the comitia centuriata.  If we take  law were called sc/eolde ucctores. It is unnecessary
this literally, the comitia curiata might still reject to trace the other significations of this word. [G. L.]
a proposed law by refusing their previous sanction;    AUCTORAMENTUM.  [GLADIATORES.]
and this might be so: but it is probable that the    AUCTO'RITAS.  The technical meanings of
previous sanction became a matter of form.  By a  this word correlate with those of auctor.
lex Maenia of uncertain date (Cic. Brutus, c. 14),    The auctoritas senatus was not a senatus-con.
the same change was made as to elections, which  sultum; it was a measure, incomplete in itself,
the Publilia lex had made as to the enacting of which received its completion by somne other auleges.  This explains the passage of Livy (i. 17). thority.
Accordingly, after the passing of the lex Maenia,    Auctoritas, as applied to property, is equivalent
the " patrum auctoritas" was distinct from the lex  to legal ownership, being a correlation of auctor.
curiata de imperio, while, before the passing of the  (Cic. Top. c. 4; Pro Caecin. c. 26.)  It was a
lex Maenia, they were the same thing.  Thus the  provision of the laws of the Twelve Tables that
lex Maenia made the lex curiata de imperio a mere  there could be no usucapion of a stolen thing
form, for the imperium could not be refused, and so  (Gaius, ii. 45), which is thus expressed by Gellius
in the later Republic, in order to keep up a shadow  in speaking of the Atinian law (xvii. c. 7): Queod
of a substance, thirty lictors exhibited the cere- subreptum  erit ejus rei caeterna actoritas esto; the
mony of holding the curiata comitia; and the auc-  ovnership of the thing stolen was still in the oritoritas patrum, which was the assent of the senate, ginal owner. (Cic. De QOf. i. c. 12; Dirksen,
appears as the mode in which the confirmation of  Uebersicht, &c. der ZiSulf-Tcafel-Fragmente, p. 417.)
the people's choice, and the conferring of the im. (As to the expression Usus Auctoritas, see UsU:perium, were both included.                        CAPIO.)
This explanation which is founded on that of    Auctoritas sometimes signifies a warranty or
Becker (Handbuclh der sRtis. Altertliihmer), and ap-  collateral security; and thus correlated to auctor
pears to be what he understands by the phrase  secundus.  Auctoritatis actio means the action of
"patres auctores," is at least more consistent with  eviction.  (Paulus, Sentent. Recept. lib. 2. tit. 17.)
all the authorities than any other that has been  The instruments auctoritatis are the proofs or eviproposed.                                          dences of title.
In the imperial time, auctor is often said of the    The auctoritas of the praetor is sometimes used
emperor (prsinceps) who recommended any thing to  to signify the judicial sanction of the praetor, or
the senate, and on which recommendation that his order, by which a person, a tutor for instance,
body passed a senatus-consultum.  (Gaius, i. 30, might be compelled to do some legal act (Gaius, i.
80; Sueton. Yesp. 11.)                             190; Dig. 27. tit. 9. s. 5), or, in other words,
When the word auctor is applied to him who  "' auctor fieri."  The tutor, with respect to his
recommends, but does not originate a legislative  wards both male and female (pszpilli, pupillae), was
measure, it is equivalent to suesor. (Cic. Ad. Att. said negotiumn yerere, and auctoritatemz intep7oonere:
i. 19; Brutus, c. 25, 27.)  Sometimes both auctor the former phrase is applicable where the tutor does
and suasor are used in the same sentence,'and  the -act himself; the latter, where he gimves his ap



I74               AUGUR.                                            AUG UR.
probation and confirmation to the act of his ward. reason to doubt this statement as Hartung does
Though a pupillus had not a capacity to do any act (Die Religion der PRWmcr, vol. i. p. 99), on the
which was prejudicial to him, he had a capacity to  authority of Servius (ad Virg. Aen. i. 402, iii. 20).
receive or assent to any thing which was for his  The authority of Plutarch is further supported by
benefit, and in such case the auctoritas of the tutor the fact, that in Roman marriages the person who
was not necessary.                               represented  the diviner of ancient times, was
The authority of decided  cases was called  called auspex and not augur.  (Cic. de Div. i. 16).
sireiliter judicatorum auctoritas.  The other mean- Rubino (Rl0misch. Verfissung, p. 45) draws a disings of auctoritas may be easily derived from the  tinction between the meaning of the words auspex
primary meaning of the word, and from the ex- and asskur, though he believes that they were used
planatioins here given.               [G. L.]   to indicate the sanle person, the former referring
AUDITO'RIUM, as the name implies, is any  simply to the observation of the signs, and the latter
place for hearing.  It was the practice among the  to the interpretation of them.  This view is cerRomans for poets and others to read their comnposi- tainly supported by the meaning of the verbs
tions to their friends, who were sometimes called  auspicari and augurari, and the samle distinction
the auditorium  (Plin. Ep. iv. 7); but the word  seems to prevail between the words auzspiciunz and
was also used to express any place in which any  augzurium, when they are used together (Cic. de
thing was heard, and under the empire it was  Div. ii. 48, de Nat. Deor. ii. 3), though they are
applied to a court of justice.  Under the republic  often applied to the same signs.  The word cuispe
the place for all judicial proceedings was the comi- was supplanted by augur, but the scientific term
tium  and the forum.  (Ni pagunt in comitio aut for the observation continued on the contrary to be
in foro ante meridiem  causam coniicito quum per- auspiciums and not augurizum.  The etymology of
orant ambo praesentes. Dirksen, Uebersiclht, &c. auspwex is clear enough (from avis, and the root
p. 725.)  But for the sake of shelter and conve- spec or spic), but that of augur is not so cernience, it became the practice to hold courts in the  tain.  The ancient grammarians derived it from
Basilicae, which contained halls, which were also  avis and peso (Festus, s. v. augur; Serv. ad
called auditoria.  In the dialogue de Oratoribus  Viyg. Aen. v. 523), while some modern writers
(c. 39), the writer observes that oratory had lost suppose the root to be aug, signifying " to see,"
much by cases being generally heard in "auditoria  and the same as the Sanscrit akshli, the Latin
et tabularia."  It is first under M. Aurelius that oculus, and the German awge, and ur to be a terthe auditorium  principis is mentioned, by which  mination; the word would thus correspond to the
we must understand a hall or room in the imperial English seer.  Others again believe the word to
residence; and in such a hall Septimius Severus be of Etruscan origin, which is not incompatible
and the later emperors held their regular sittings  with the supposition, as we shall show below, that
when they presided as judges.  (Dig. 36. tit. 1. the auspices were of Latin or Sabine origin, since
s. 22, 49. tit. 9. s. 1; Dion Cass. lxxvi. 11; Dig. 4. the word augur may thus have been introduced
tit. 4. s. 18.)  The provincial governors also under along with Etruscan rites, and thus have superseded
the empire sometimes sat on their tribunal as in the  the original term auspex.  There is, however, no
republic, and sometimes in the praetorium or in an  certainty on the point; and, although the first
auditorium. Accordingly, the latest jurists use the  mentioned etymology seems improbable, yet from
word generally for any place in which justice was the analogy of au-spex and au-ceps, we are inclinvd
administered. (Dig. 1. tit. 22. s. 5.)  In the time  to believe that the former part of the word is of
of Diocletian, the auditorium had got the name of the same root as avis, and the latter may be consecretarluriom; and in a constitution of Constantine  nected with gero, more especially as Priscian (i. 6.
(Cod. Th. i. tit. 16. s. 6), the two words seem to  ~ 36) gives auger and augeratzss, as the more an 
be used as equivalent, when he enacts that both  cient forms of augur and auguratus.  By Greek
criminal and civil cases should be heard openly  writers on Roman affairs, the augurs are called
(before the tribunal), and not in auditoria or oicvo7red'ot, olcvoseo'vrroi, olove-eai, o E'ir' olcvooLS
secretaria.   Valentinianus and. VYalens allowed  repels.  The augurs formed a collegium at Rome,
causes to be heard either before the tribunal or in  but their history, functions, and duties will be better
the secretarium, but yet with open doors.  From  explained after we have obtained a clear idea of
the fifth century, the secretarium or secretum was  what the auspices were, and who had the power
the regular place for hearing causes, aid the people  of taking them.
were excluded by lattice-work  (cancellae) and    An acquaintance with this subject is one of
curtains (vela); but this may have been as much  primary importance to every student of Roman hisfor convenience as for any other purpose, though it tory and antiquities.  In the most ancient times,
appears that at this late period of the empire there  no transaction took place, either of a private or a
were only present the magistrate and his officers, public nature, without consulting the auspices, and
and the parties to the cause.  Only those whom  hence we find the question asked in a well-known
the magistrate invited, or who had business, or passage of Livy (vi. 14),'[ Auspiciis hlianc  rbem
persons of certain rank (honorati) had admission  conditam esse, auspiciis bello ac pace, domo milito the courts, under the despotic system of the late  tiaeque omnia geri, quis est, qui ignoret?"  An
empire. (Cod. 1. tit. 48. s. 3; Hollweg, Handbucl  outline of the most important facts connected with
des Civilprozesses, p. 215.)         [G. L.]   the auspices, which is all that our limits will allow,
AUGUR, AUGU'RIUM; AUSPEX, AUS- therefore, claims our attentive consideration.
PI'CIUM.  Augur or auspex meant a diviner by    All the nations of antiquity were impressed with
birds, but came in course of time, like the Greek  the firm belief, that the will of the gods and future
olowvs, to be applied in a more extended sense: events were revealed to men by certain signs,
his art was called augurgiusm or auspicium'. Plutarch  which were sent by the gods as marks of their
relates that the augures were originally termed  favour to their sincere worshippers.  Hence, the
auspices (Q~uest, Roms. c. 72), and there seems no  arguments of the Stoics that if there are gods,




AUG UR.                                          AUGUR.                    175
they care for men, and that if they care for men  to do; they assigned no reason for the decision of
they must send them  signs of their will (Cic. de  Jupiter, - they simply announced, yes or no.
Leg. ii. 13), expressed so completely the popular    The words zauguriurm and auspicium came to be
belief, that whoever questioned it, would have  used in course of time to signify the observation
been looked upon in no other light than an atheist.  of various kinds of signs.  They were divided into
aBut while all nations sought to become acquainted  five sorts: ex caelo, ex avibus, ex thipudiis, ex quawith the will of the gods by various modes, which  dru(pedibus, ex diris.  Of these, the last three
gave rise to innumerable kinds of divination, there  formed no part of the ancient auspices.  The obarose in each separate nation a sort of national servation of signs in the heavens, such as lightbelief that the particular gods, who watched over ning, was naturally connected with observing the
them, revealed the future to them in a distinct and  heavens in order to watch the birds; and therepeculiar manner.  Hence, each people possessed a  fore, must in early times have formed part of the
national /auruTc6 or diviszatio, which was supported  auspices; for in an early stage of society, lightby the laws and institutions of the state, and was ning and similar phenomena have been always
guarded from  mixture with f -reign elements by  looked upon as sent by the gods.  A few words
stringent enactments.  Thus, the Romans looked  must be said on each of these five kinds of augury.
upon astrology and the whole prophetic art of the    1. Ex caelo.  This included the observation of
Chaldaeans as a dangerous innovation; they paid  the various kinds of thunder and lightning, and
little attention to dreams, and hardly any to in- was regarded as the most important, mazoximzum
spired prophets and seers.  They had on the con- az6.sicizum.  (Serv. ad Virg. Aen. ii. 693; Cic. de
trary learnt from  the Etruscans to attach much  Div. ii. 18, &c.; Festus, s.v. Coelestia.)  The inimportance to extraordinary appearances in nature  terpretation of these phenomena was rather Etrus- Prodigiac; in common with other neighbouring  can than Roman; and the only point connected
nations they endeavoured to learn the future, espe- with them which deserves mention here, is, that
cially in war, by consulting the entrails of victims; whenever it was reported by a person authorised
they laid great stress upon favourable or unfavour- to take the auspices, that Jupiter thundered or
able ostieza, and in times of danger and difficulty  lightened, the comitia could not be held.  (Cic. de
were accustomed to consult the Sibylline books, Div. ii. 14, Philipp1. v. 3.)
which they had received from the Greeks; but the    2. Ev avibous.  It was only a, few birds which
mode of divination, which was peculiar to them, could give auguries among the Romans.  (Cie. de
and essentially national, consisted in those signs  Div. ii. 34.)  They were divided into two classes:
included under the name of auspicia.  The ob- Oscines, those which gave auguries by singing, or
servation of the auspices was, according to the  their voice, and Aites, those which gave auguries
unanimous testimony of the ancient writers; more  by their flight.  (Festus, s.v. Oscines).  To the
ancient even than Rome itself, which is constantly  former class, belonged the raven (corvus) and the
represented as founded under the sanction of the  crow (cornix), the first of these giving a favourable
auspices, and the use of them is therefore asso-  omen (auspicium ratunz ) when it appeared on the
ciated with the Latins, or the earliest inhabitants  right, the latter, on the contrary, when it was seen
of the city.  There seems therefore no reason to  on the left (Plaut. Asiz. ii. 1. 12; Cic. de Div. i.
assign to them an Etruscan origin, as many modern  39); likewise the owl (noctua, Festus, s. v. Oscines),
writers are inclined to do, while there are several and the hen (gallina, Cic. de Div. ii. 26).  To the
facts pointing to an opposite conclusion.  Cicero, aves alites belonged first of all the eagle (aquila),
who was himself an augur, in his work De Divi-  who is called pre-eminently the bird of Jupiter
vatione, constantly appeals to the striking difference  (Jovis ales), and next the vulture (vultar), and
between the auspicia and the Etruscan system  of with these two the avis sansqcalis, also called ossidivination; and, while he  frequently mentions fircga, and the immussulaus or immsusclzdus are proother nations which paid attention to the flight of bably also tobe classed. (Comp. Virg. Aen. i. 394;
birds as intimations of the divine will, he never Liv. i. 7, 34; Festus, s. v. ssanqualis; Plin. H. N.
once mentions this practice as in existence among  x. 7.)  Some birds were included both among the
the Etruscans.  (Cic. de Div. i. 41, ii 35, 38; de  oscines and the aliles: such were the Pices Martius,
Nat. Deoer. ii. 4.)  The belief that the flight of and Feronius, and the Parrha (Plin. H. N. x. 18.
birds gave some intimation of the will of the gods  s. 20; Heor. Cars. iii. 27. 15; Festus, s. v. Osciseems to have been prevalent among many nations  aum tlipudizmnz).  These were the principal birds
of antiquity, and was common to the Greeks, as consulted in the auspices.  Every sound and mowell as the Romans; but it was only among the  tion of each bird had a different meaning, accordlatter people that it was reduced to a complete  ing to the different circumstances, or times of the
system, governed by fixed rules, and handed down  year when it was observed, but the particulars do
from  generation to generation.  In Greece, the  not deserve further notice here.  When the birds
oracles supplanted the birds, and the future was  favoured an undertaking, they were said addicere,
learnt from  Apollo and other gods, rarely from  adsnittere or secundare, and were then called addicZeus, who possessed very few oracles in Greece. tivae, adsmissivae, secundae, or praepetes: when unThe contrary was the case at Rome: it was from  favourable they were said abdicee, arcere, refragar i,
Jupiter that the future was learnt, and the birds  &c., and were then called adversae or alterae. The
were regarded as his messengers.  (Aves internun-  birds which gave unfavourable omens were termed
tiac Jovis, Cic. de Divin. ii. 34; Interpretes Jovis funebres, ihlibilae, Isgqusbres, malae, &c., and such
optimi smaimni publici augures, Cic. de Leg. ii. 8). auspices were called clicisa and cla7matoria.
It must be remarked in general, that the Roman    3. Ex Tripudiis.  These auspices were taken
auspices were essentially of a practical nature; they  from the feeding of chickens, and were especially
gave no information respecting the course of future  employed on military expeditions.  It was the
events, they did notinform men what was to happen,  doctrine of the augurs that any bird could give
but simply taught them scwhat thley tcore to do, or niot a tripudium  (Cic. de Div. ii. 34); but it be



17$                AUGUR.                                             AUiGUT I
came the-practice in later times to employ only  swered the same purpose; but on all other occachickens (pulli) for the purpose.  They were  sions a place had to be consecrated, and a tent to
kept in a cage, under care of a person called  be pitched, as, for instance, in the Campus Marputilarius; and when the auspices were to be  tils, when the comitia centuriata were to be held.
taken, the pullarius opened the cage and threw   The person who was then taking the auspices
to the chickens pulse or a kind of soft cake.  If  waited for the favourable signs to appear  but it
they refused to come out or to eat, or uttered a  was necessary during this time that there should
cry (occinerent), or beat their wings, or flew away, be no interruption of any kind whatsoever (silenthe signs wrere considered unfavourable. (Liv. x. tiumz), and hence the word silen2tim was used in
40; Val. Max. i. 4. ~ 3.)  On the contrary, if a more extended sense to signify the absence of
they ate greedily, so that something fell from their  every thing that was faulty.  Every thing, on the
mouth and struck the earth, it was called tripz- contrary, that rendered the auspices invalid was
diesr  solistionem  (tripudiua,  quasi terripavimnn,  called vitimun (Cic. de Div. ii. 34; Festus, s. v. sisolistimzzmn, from  solunz, according to the ancient lentio sys-gere); and hence we constantly read in
writers, Cic. de Div. ii. 34), and was held a  Livy and other writers of vitio magistratus creati,
favourable sign.  Two other kinds of tripudia are  vitio lex lata, &c.  The watching for the auspices
mentiosied by Festus, the tripsiiumn oscinzon, from   was called spectio or serrare de coeao, the declarathe cry of birds, and sonisvium, from the sound of tion of what was observed nuntiatio, or, if they
the pulse falling to the ground: in what respects  were unfavourable, obnuntiatio. In the latter case,
the latter.differed from the tripudizlon solistimnzem, the person who took the auspices seems usually to
we are not informed. (Cic. ad Faam. vi. 6; see  have said alio die, by which the business in hand,
also Festus, s. Vapzls,  tripudissm,  osciomr tripu-  whether the holding of the co aitia or any thing
dizes.)                                            else, was entirely stopped. (Cic. de Leg. ii. 12.)
4. Ex quadrvpediibus.  Auguries could also be    Having explained what the auspices were and
taken from four-footed animals; but these formed  how they were taken, we have now to determine
no part of the original science of the augurs, and  who had the power of taking them.  In the first
were never employed by them in taking auspices  place it is certain that in ancient times no one but
on behalf'of the state, or in the exercise of their a patrician could take the auspices, and that a
art properly so called.  They must be looked upon  plebeian had no power of doing so.  The gods of
simply as a mode of private divination, which was  the Roman state were the gods of the patricians
naturally brought under the notice of the augurs, alone, and it was consequently regarded as an act
and seems by them  to have been reduced to a  of profanation. for any plebeian to attempt to inkind of system.  Thus, we are told that when a  terpret the will of these gods.  Hence the possesfox, a wolf, a horse, a dog, or any other kind of sion of the auspices (habere auspicia) is one of the
quadruped ran across a person's path or appeared in  most distinguished prerogatives of the patricians;
an unusual place, it formed an augury.  (See e.g. they are said to be penes patru7n, and are called
Hor. Carenu. iii. 27.)  Thejage auspicinum belonged  azspicia patrum. (Liv. vi. 41, x. 8', comp. iv. 6.)
to this class of auguries. (Cic. de Div. ii. 36; Fest It would further appear that every patrician might
s. v. juages ezspieinum; Serv. ad Fir-g. Aen. iii. 537.)  take the auspices; but here a distinction is to be
5. Ex diris, sc. sigais.  Under this head was  observed. It has already been remarked that in the
included every kind of augury, which does not fall most ancient times no transaction, whether private
under any of the four classes mentioned above, or public, was performed without consulting the
such as sneezing, stunmbling, and other accidental auspices (snisi auspicato, Cic. de Div. i. 16; Val.
things. (Comp. Serv.ad yViy. Aen. iv. 453.) There  Max. ii. 1. ~ 1); and hence arose the distinction of
was an important augury of this kind connected  auspicia privata and auspicia pzblica.  One of the
with the army, which was called ex acunzinibus, most frequent occasions on which the auspicia
that is, the flames appearing at the points of spears privata were talken, was in case of a marriage
or other -weapons.  (Cic. de Div. ii. 36, de Nat. (Cic., Val. Max. ii. cc.); and hence after private
Deor. ii. 3; Dionys. v. 46.)                       auspices had become entirely disused, the Romans,
The ordinary mamnner of taking the auspices, in accordance with their usual love of preserving
properly so called (i.e. ex caelo and ex avibus), was ancient forms, were accustomed in later times to
as follows: The person who was to take them first employ auspices in marriages, who, however, acted.marked out with a wand (litsus) a division in  only as friends of the bridegroom, to witness the'the  heavens  called temnplumz  or tescmeP, within  payment of the dowry and to superintend the
which he intended to make his observations.  The  various rites of the marriage. (Plaut. Cas. prol.
station where he was to take the auspices was  85; Suet. Claud. 26; Tac. Ann. xi. 27.)  The
also separated by a solemn formula from the rest employment of the auspices at marriages was one
of the land, and was likewise called temrnplum or great argument used by the patricians against
tescuen.  He then proceeded to pitch a tent in it co2nubinum between themselves and the plebeians;:(tabernaczultnm  capere), and this tent again was  as it would occasion, they urged, perts'lsactionenl
also called te:lnjlupom, or, more accurately, ternplunz  c auspiciorumn  publicoruenz privatorunque. (Lizv. iv.
minus. [TREiPLUMa.]  Within the walls of Rome, 2.)  The possession of these private auspicia is
or, more properly speaking, within the pomoerium, expressed in another passage of Livy by psrivstici7
there was no occasion to select a spot and pitch a  auspicia Iabeere. (L[iv. vi. 41.)  In taking these
tent on it, as there was a place on the Arx on the  private auspices, it would appear that any patrician
summit of the Capitoline hill, called A uguracdlunm               X
which had been consecrated once for all for this    - There canl be no reasonable doubt that by
purpose. (Festus, s. v. Auguraculh6im; comp. Liv. patres in these passages the whole body of the
i, 18, iv. 18; Cic. de Off. iii. 16.) In like manner patricians  is meant, and not the senators, as
there was in every Roman camp a place called  Rubino asserts. (Comp. Becker, RiSn Alterti. vol.:(egu'aCile (Tac. Anil. ii. 13, xv. 30), which an-  ii: part i. p. 304, &c.)




AUGUR.                                             AUGUR'.                  J17
wras employed, who knew how to form temnpla and    1. The distinction between the duties of the:
was acquainted with the art of augury, and was magistrates and the augurs in taking the auspices
therefore called ausspex or augur: it does not ap- is one of the most difficult points connected with
pear to have been necessary nor usual in such  this subject, but perhaps a satisfactory solution of
cases to have recourse to the public augurs, the  these difficulties may be found by taking an hismembers  of the collegium, who are therefore  torical view of the question.  We are told not only
frequently called augures pyblici, to distinguish  that the kings were in possession of the auspices,
them from the private augurs.  (Cic. de Leg. ii. 8, but that they themselves were acquainted with
ad Fam. vi. 6; Festus, s. v. quinque genera.)  The  the art and practised it.  Romulus is represented
case, however, was very different with respect to  to have been the best of augurs, and from him all
the  auspicia publica, generally called auspicia  succeeding augurs received the chief mark of their
simply, or those which concerned the state.  The  office, the litaus, with which that king exercised
latter could only be taken by the persons who re-  his calling.  (Cic. de Div. i. 2, ii. 17; Liv. i. 10.)
presented the state, and who acted as mediators  He is further stated to have appointed three augurs,
between the gods and the state; for though all but only as his assistants in taking the auspices,
the patricians were eligible for taking the auspices, a fact which is important to bear in mind.  (Cic.
yet it was only the magistrates who were in actual de Rep. ii. 9.)  Their dignity gradually increased
possession of them.  As long as there were any  in consequence of their being employed at the
patrician magistrates, the auspices were exclusively  inauguration of the kings, and also in consequence
in their hands; on their entrance upon office, they  of their becoming the preservers and depositaries
received the auspices (accipiebant auspicia, Cic. de  of the science of augury.  Formed into a collegium,
Div. ii. 36); while their office lasted, they were  they handed down to their successors the various
in possession of them  (habebant or erant eorunz  rules of the science, while the kings, and subseauspicia, Gell. xiii. 15); and at the expiration of quently the magistrates of the republic, were liable
their office, they laid them down (ponebant or de- to change.  Their duties thus became twofold, to
ponebant auspicia, Cie. de Nat. Deor. ii. 3).  In  assist the magistrates in taking the auspices, and
case, however, there was no patrician magistrate, to preserve a scientific knowledge of the art. They
the auspices became vested in the whole body of were not in possession of the auspices themselves,
the patricians, which was expressed by the words though they understood them  better than the maauspicia ad patres redclunt. (Cic. Brut. 5.)  This  gistrates; the lightning and the birds were not
happened in the kingly period on the demise of a  sent to them  but to the magistrates; they disking, and the patricians then chose an interrex, charged no independent functions either political
who was therefore invested by them  with the  or ecclesiastical, and are therefore described by
right of taking  the auspices, and was thus enabled  Cicero as privati.  (De Divin. i. 40.)  As the
to mediate between the gods and the state in the  augurs were therefore merely the assistants of the
election of a new king.  In like manner in the  magistrates, they could  not talke the auspices
republican period, when it was believed that there  without the latter, though the magistrates on the
had been something faulty (vitaiul) in the auspices  contrary could dispense with their assistance, as
in the election of the consuls, and they were  must frequently have happened in the appointment
obliged in consequence to resign their office, the  of a dictator by the consul on military expeditions
auspices returned to the whole body of the pa- at a distance from the city.  At the same time it
tricians, who had recourse to an interregnum  for must be borne in mind, that as the aulgurs were
the renewal of the auspices, and for handing them  the interpreters of the science, they possessed the
over in a perfect state to the new  magistrates: right of declaring whether the auspices were valid
hence we find the expressions repetere de integyro  or invalid, and that too whether they were present
auspoiciac and renorare per interregmnu   az.spicia. or not at the time of taking them; and whoever
(Liv. v. 17, 31, vi. 1.)                           questioned  their decision was liable to severe
It will be seen from what has been said that punishment.  (Cic. de Leg. ii. 8.)  They thus posthe Roman state was a species of theocracy, that sessed in reality a veto uponI every important public
the gods were its rulers, and that it was by means  transaction.  It was this power which made the
of the auspices that they intimated their will to the  office an object of ambition to the most distinrepresentatives of the people, that is, the magis- guished men at Rome, and which led Cicero, himtrates.  It follows from this, as has been already  self an augur, to describe it as the highest dignity
remarked, that no public act could be performed  in the state (de Leg. ii. 12). The augurs frequently
without consulting the auspices, no election could  employed this power as a political engine to vitiate
be held, no law passed, no war waged; for a ne- the election of such parties as were unfavourable
glect of the auspices would have been equivalent to  to the exclusive privileges of the patricians.  (Liv;.
a declaration that the gods had ceased to rule the  vi. 27, viii. 23.)
Roman state.                                         But although the augurs could declare that there
There still remain three points in connection with  was some fault in the auspices, yet. on the other
the auspices which require notice:-1. The rela- hand, they could not, in favour of their office,!detion of the magistrates to the augurs in taking the  clare that any unfavourable sign had appeared to
auspices.  2. The manner ill which the magistrates  them, since it was not to them  that the auspices
received the auspices.  3. The relation of the dif- were sent.  Thus we are told that the aunrurs did
ferent magistrates to one another with respect to  not possess the spectio, that is, the right of taking
the auspices.  We can only make a few brief re- the state-auspices.  This spectio, of which we have
marks upon each of these important matters, and  already briefly spoken, was of two kinds, one
must refer our readers for fuller information to the  more extensive and the other more limited.  In
masterly discussion of Rubino (Rom. Veifassuny, the one case the person, who exercised it, could
p. 48, &c.), to whom we are indebted for a great put a stop to the proceedings of any other magispart of the present article.                     - trate by his obulumtiatio: this Wvas called secctio et
N




178               AUGUR.                                            AUGUR
72untiatio (perhaps also spectio cum nuntiatione), and  sors and praetors.  The quaestors and the curule
belonged only to the highest magistrates, the con- aediles, on the contrary, had only the auspiciac
sunls, dictators, interreges, and, with some modifica- sninora, because they received them from the contions, to the praetors.  In the other case, the person  suls and praetors of the year, and their auspices
who took the causes only exercised the spectio in  were derived from the mnajora of the higher mareference to the duties of his own office, and could  gistrates.  (Messalla, ap. Gell. xiii. 15.)
not interfere with any other magistrate: this was    It remains to trace the history of the college of
called spectio sine nuntiatione, and belonged to the  augurs. We have already seen that it was a comother magistrates, the censors, aediles, and quaes-  mon opinion in antiquity that the augurship owed
tors.  Now  as the augurs did not possess the  its origin to the first king of Rome, and it is acauspices, they consequently could not possess the  cordingly stated, that a college of three augurs was
spectio (habere spectionaem); but as the augurs were  appointed by Romulus, answering to the number
constantly employed by the magistrates to take the  of the early tribes, the Ramnes, Tities, and Luauspices, they exercised the spectio, though they  cerenses.  This is the account of Cicero (de Rcp.
did not possess it in virtue of their office.  When  ii. 9), who supposed Numa to have added two
they were employed by the magistrates in taking  more (ii. 14), without, however, stating in what
the auspices, they possessed the right of the nun-  way these latter corresponded to the tribes.  On
tiatio, and thus had the power, by the declaration  the other side stand different statements of Livy,
of unfavourable signs (obnuntiatio), to put a stop  first, one (iv. 4) which is probably an error, in
to all important public transactions (Cic. de Leg. which the first institution of augurs is attributed
ii. 12).  In this way we are able to understand  to Numa, seemingly on the theory that all the
the assertion of Cicero (Philipp. ii. 32), that the  Roman religion was derived from the second king:
augurs possessed the nzintiatio, the consuls and the  secondly, a statement of far more importance (x. 6),
other (higher) magistrates both the spectio and  that at the passing of the Ogulnian law the augurs
ncntiatio; though it must, at the same time, be  were but four in number, which Livy himself, who
borne in mind that this right of nuntiatio only be- recognised the principle of the number of augurs
longed to them  in consequence of their being em- corresponding to that of the tribes, supposes to
ployed by the magistrates. (Respecting the passage  have been accidental.  This is improbable, as
of Festus, s. v. spectio, which seems to teach a dif-  Niebuhr has shown (Hist. of Rome, vol. iii. p.
ferent doctrine, see Rubino, p. 58.)             352), who thinks the third tribe was excluded
2. As to the manner in which the magistrates  from  the college of augurs, and that the four,
received the auspices, there is no reason to suppose, therefore, represented the Ramnes and Tities only.
as many modern writers have done, that they were  It is hard to suppose, however, that this supeconferred upon them  in any special manner.  It riority of the Ramnes and Tities over the third
was the act of their election which made them the  tribe could have continued down to the time of
recipients of the auspices, since the comitia, in  the Ogulnian law (B.C. 300): moreover, as two
which they were appointed to their office, were  augurs apiece were appointed from each of the two
held auspicato, and consequently their appointment first tribes, and the remaining five from the plebs,
was regarded as ratified by the gods. The auspices, it does not appear how the Luceres could ever have
therefore, passed immediately into their hands  obtained the privilege.  A  different mode of reupon the abdication of their predecessors in office. conciling the contradictory numbers four and three
There are two circumstances which have given  is sought for in another statement of Cicero (de
rise to the opinion that the magistrates received  Div. i. 40), that the kings were augurs, so that
the auspices by some special act. The first is, that after their expulsion another augur may have been
the new magistrate, immediately after the midnight added instead of them  to the original number
on which his office began, was accustomed to observe  which represented the tribes.  Probably this is
the heavens in order to obtain a happy sign for one of the many cases in early Roman history in
the commencement of his duties (Dionys. ii. 6). which the only conclusion we can come to is, that
But he did not do this in order to obtain the  the theory of what ouzght to have been according
auspices; he already possessed them, and it was to antiquarians of a later age differed from what
in virtue of his possession of them, that he was able  actually was according to the earliest accounts to
to observe the heavens. The second circumstance  which Livy had recourse.
to which we have been alluding, was the inauwz-    The Ogulnian law (B.c. 300), which increased
ratio of the kings on the Arx after their election  the number of pontiffs to eight, by the addition of
in the comitia (Liv. i. 18).  But this inauguration  four plebeians, and that of the augurs to nine by
had reference simply to the priestly office of the  the addition of five plebeians, may be considered a
king, and, therefore, did not take place in the case  sort of aera in Roman history. The religious disof the republican magistrates, though it continued  tinction between the two orders which had been so
in use in the appointment of the rex sacrorum and  often insisted upon was now at an end, and it was
the other priests,                               no longer possible to use the auspices as a political
3. The auspices belonging to the different magis- instrument against the plebeians. The number of
trates Wiere divided into two classes, called auspicia  nine augurs which this law fixed, lasted down to
mzximaa or masjors and minota.  The former, which  the dictatorship of Sylla, who increased them to
belonged originally to the kings, passed over to the  fifteen, a multiple of the original three, probably
consuls on the institution of the republic, and like- with a reference to the early tribes. (Liv. 1pit.
wise to the extraordinary magistrates, the dictators,  89.)  A sixteenth number was added by Julius
interreges, and consular tribunes.  When the con- Caesar after his return from Egypt. (Dion Cass.
suls were deprived in course: of time of part of their xlii. 51.)
duties, and separate magistrates were created to    The members of the college of augurs possessed
discharge them, they naturally received the auspi- self-election (cooptati).  At first they were apcia m1ajora also; this was the case -with the cen- pointed by the king, but as the king himself was




AUGUR.                                       AUGUSTALES.                  179
an augur, their appointment by him was not con- he nor any of the educated classes appearsi to have
sidered contrary to this principle. (Romulus coop-  had any faith in it.  What a farce it had become
tavit augures, de Rep. ii. 9.)  They retained the  a few years later is evident from the statement of
right of co-optation until B.C. 103, the year of Dionysius (ii. 6), who informs us that a new
the Domitian law.  By this law it was enacted  magistrate, who took the auspices upon the first
that vacancies in the priestly colleges should be  day of his office, was accustomed to have an augur
filled up by the votes of a minority of the tribes, on his side, who told him that lightning had apa. e. seventeen out of thirty-five chosen by lot. peared on his left, which was regarded afs a good
(Cic. de Leg. Aqr. ii. 7; Veil. Pat. ii. 12; Suet. omen, and  although nothing of the kind  had
Ner. 2.)  The Domitian law  was repealed by  happened, this declaration was considered suffiSulla B. C. 81 (Pseudo-Ascon. in Cic. Div. p. 102, cient.  (Mascov, De Jure Azspicii cpud Romnnos,
ed. Orelli), but again restored B. C. 63, during the  Lips. 17-21; Werther, De AzEgLuriis RomeCis,
consulship of Cicero, by the tribune T. Annius  Lemgo, 1835; Creuzer, Symbolik, vol. ii. p. 935,
Labienus,  with the support of Caesar (Dion Cass. &c.; Miiller, Etrusker, vol. ii. p. 110, &c.; Harxxxvii. 37).  It was a second time abrogated by  tung, Die Religion der Rmnzer, vol. i. p. 98, &c.;
Antony B. C. 44 (Dion Cass. xliv. 53); whether  Gbttling, Geschicllde der Rmn. Stacatsvef: p. 198, &c.;
again restored by Hirtius and Pansa in their Becker, RMsms. Alterth. vol. ii. part i. p. 304; but
general annulment of the acts of Antony, seems above all Rubino, RM5m. Verfiassung, p. 34, &c.)
uncertain.  The emperors possessed the right of    AUGURA'CULUM.  [AUGUR, P. 176, a.]
electing augurs at pleasure.                       AUGURA'LE.  [AUGUR, p. 176, a.]
The augurs were elected for life, and even if    AUGUSTA'LES (sc. ludi, also called An2guscapitally convicted, never lost their sacred charac- talia, sc. certanmina, ludicra, and by the Greek
ter.  (Plin. Ep. iv. 8.) When a vacancy occurred, writers and in Greek inscriptions, EV'aeTea, ]5ethe candidate was nominated by two of the elder  ~dionua, AiryovradXia), were gaines celebrated in
members of the college (Cic. Phil. ii. 2), the electors  honour of Augustus, at Rome and in other parts
were sworn, and the new member was then so- of the Roman empire.  After the battle of Actium,
lemnly inaugurated.  (Cic. Brut. 1.)  On such  a quinquennial festival (7ravrvyvpzs 7reYrET-77pis)
occasion there was always a splendid banquet given, was instituted; and the birthday (yEViOA.a) of
at which all the augurs were expected to be present. Augustus, as well as that on which the victory was
(Cic. ad Fain. vii. 26, ad Att. xii. 13, 14, 15.)  announced at Rome, were regarded as festival days.
The only distinction in the college was one of age;  (Dion Cass. Ii. 19.)  In the provinces, also, in.
an elder augur always voted before a younger, even  addition to temples and altars, quinquennial games
if the latter filled one of the higher offices in the  were instituted in almost every town. (Suet. Ang.
state. (Cic. de Sen. 18.)  The head of the college  59.) The Roman equites were accustomed of their
was called ma.sister collegii.  It was expected that own accord to celebrate the birthday of Augustus
all the augurs should live on friendly terms with  in every alternate year (Suet. Aug. 57); and the
one another, and it was a rule that no one was praetors, before any decree had been passed for the
to be elected to the office, who was known to be an  purpose, were also in the habit of exhibiting games
enemy to any of the college. (Cic. ad Faim. iii. 10.)  every year in honour of Augustus.  (Dion Cass.
The augur, who had inaugurated a younger member, lit. 26, 30). It was not, however, till B. C. 11, that
was always to be regarded by the latter in the light the festival on the birth-day of Augustus was forof a parent (in parentis eum  loco colere, Cic. mally established by a decree of the senate (Dion
Brut. 1).                                        Cass. liv. 34), and it is this festival which is
As insignia of their office the augurs wore the  usually meant when the Augustales or Augustalia
trabea, or public dress (Serv. ad Aen. vii. 612), are mentioned.  It was celebrated iv. Id. Octobr.
and carried in their hand the lituuts or curved wand. At the death of Augustus, this festival assumed a
[LITuUS.]  On the coins of the Romans, who  more solemn character, was added to the Fasti,
filled the office of augur, we constantly find the  and celebrated to his honour as agod.  (Tac. A2lzn.
lituus, and along with it, not unfrequentIy, the  i. 13; Dion Cass. lvi. 46.)  Hence, Tacitus speaks
capis, an earthen vessel which was used by them   of it as first established in the reign of Tiberiuls
iln sacrifices.  (Liv. x. 7; Varr. L. L. v. 121, ed. (Ann. i. 54.) It was henceforth exhibited annually
Ufi!ler.)  Both of these instruments are seen in  in the circus, at first by the tribunes of the plebs,
the annexed coin of Lentulus.                    at the commencement of the reign of Tiberius, but
afterwards by the praetor peregrinus.  (Tacit. Ann.. o~.....~     i. 15; Dion Cass. lvi. 46.)  These games continued to be exhibited in the time of Dion Cassius,:;K    i  1 ~~ that is, about A. D. 230 (liv. 34).
V /. 5/' - -    -- t~ L[ )32~  (Naples), were celebrated with great splendour.,.1 X    PM >te>4~~   They were instituted in the lifetime of Augustus
(Suet. Aug. 98), and were celebrated every five
years.  According  to Strabo (v. p. 246), who
The science of the augurs was called jis auguirum  speaks of these games without mentioning their
and jits auguriumn, and was preserved in books  name, they rivalled the most magnificent of the
(libri augurales), which are frequently mentioned  Grecian festivals.  They consisted of gymnastic
in the ancient writers. The expression for con- and musical contests, and lasted for several days.
sulting the augurs was referre ad augures, and  At these games the Emperor Claudius brought
their answers were called decreta or responsa azgyu- forward a Greek comedy, and received the prize.
rum.  The science of augury had greatly declined  (Suet. Claud. 11; compare Dion Cass. Ix. 6.)
in the time of Cicero; and although he frequently    Augustalia (E'Gaorna) were also celebrated at
deplores its neglect in his DeDivincatione, yet neither Alexandria, as appears from  an inscription in
N2




180            AUGUSTALES.                                            AURUJM.
Gruter (316. 2); and in this city there was a mag-  would not be anxious to obtain this distinction,
nificent temple to Augustus (.eCaOreo0v, Augus-  while the libertini on the contrary, who were
tale).  We find mention of augustalia in numerous  generally a wealthy class and were not invested
other places, as Pergamus, Nicomedia, &c.          with any honour, would naturally covet it.  The
AUGUSTA'LES, the name of two classes of  Augustales ranked next in dignity to the decupriests, one at Rome and the other in the muni-  riones; and as they were mostly men of property,
cipia, frequently mentioned in inscriptions.       they came in course of time to form a middle class
I. The Augustales at Rome, properly called so-  between the decuriones and plebs, like the equesdales Augustales, which is the name they always  trian order at Rome.  Thus, in the inscriptions of
bearin inscriptions, were an order of priests (AX  gus-  many municipia, we find the decuriones, Augustalitum sacesrdotiun) instituted by Tiberius to attend  tales, and plebs, mentioned together as the three
to the worship of Augustus and the Julia gens.  classes into which the community was divided.
They were chosen by lot from among the principal The six principal members of the college were
persons of Rome, and were twenty one in number, called Seviri, a title which seems to have been
to which were added Tiberius, Drusus, Claudius,  imitated from the Seviri in the equestrian order
and Germanicus, as members of the  imperial at Rome.  (Egger, Evasnene Critique des Historiens
family.  (Tacit. i. 54.)  They were also called  anciens de la Vie et du Rgne d'Auguste, Paris, 1844,
sacerdotes Augustales (Tacit. Ann. ii. 83); and  Appendix II., treats of the Augustales; but see
sometimes simply Augustales. (Tacit. Hist. ii. 95.)  especially A. WV. Zumpt, De Auguestalibus et Seviris
Similar priests were appointed to attend to the  Azseustalibus  Consmentatio  Epigraephica, Berol.
worship of other emperors after their decease; and  1846.)
wAe accordingly find in inscriptions mention made    AUGUSTUS, a name bestowed upon Octaof the sodales Flavii, Hadrcianales, Aeliaxi, A4nto-  vianus in B. c. 27, by the senate and the Roman
nini, &c.  It appears that the famines Augustales  people.  It was a word used in connection fwith
ought to be distinguished from the sodales Augus-  religion, and designated a person as sacred and
tales.  WVe find that flamines and sacerdotes were  worthy of worship; hence the Greek writers transappointed, in the lifetime of Augustus, to attend to  late it by SEFaTfr s. (Dion Cass. liii. 16, 18;
his worship; but we have the express statements  Suet. Aug. 7; Vell. Pat. ii. 91; Flor. iv. 12;
pf Suetonius and Dion Cassius that this worship  Oros. vi. 20; Censorin. 22; Ov. Fast. i. 607.) It
was confined to the provinces, and was not prac- was not a title indicative of power, but simply a
tised in Rome, or in any part of Italy, during the  surname; and is hence called by Suetonius (Tib. 26)
lifetime of Augustus.  (Tacit. Anin. i. 10; Suet.  ome7ezn hlereditarium.  It was, however, borne not
A/ug. 52; Dion Cass. li. 20.)  Women even were  only by Tiberius and the other emperors con-appointed priestesses of Augustus, as appears from  nected with the family of Augustus, but was likean inscription in Gruter (320. 10): this practice  wise adopted by all succeeding emperors, as if
probably took its origin from the appointment of descended, either by birth or adoption, from the
Livia, by a decree of the senate, to be priestess to  first emperor of the Roman world (in ejus szom7en
her deceased husband.  (Dion Cass. lvi. 46.)  It velut quadam adoptione aut jure hereditario succeseems probable that the sodales Augustales were  dere, Lamprid. Alex. Sever. 10).  The name of
entrusted with the management of the worship; Augusta was frequently bestowed upon females of.but that the flamines Augustales were the persons  the imperial family, the first instance of which
who actually offered the sacrifices and performed  occurs in the case of Livia, who received this title
the other sacred rites.  A member of the sodales upon her adoption into the Julia gens on the death
2Augustales was sometimes a flamen also (Orelli, of her husband Octavianus (Tac. Ann. i. 8); but
lascrip. 2366, 2368); and it is not improbable  Augustus belonged exclusively to the reigning emd
that the flamines were appointed by the sodales.    peror till towards the end of the second century
It. The Augustales in the municipia are sup- of the Christian aem, when TM. Aurelius and L.
posed by most modern writers, in consequence of the  Verus both received this surname (Spartian. Ael.
statement of the scholiast on Horace (Sat. ii. 3. 281),  Verus, 5, 1l. A 2t. Pla'l. 7).  From  this time we
to have been a class of priests selected by Augustus  frequently find two or even a greater number of
from the libertini to attend to the religious rites  Azgzsti; and though in that and in all similar cases
connected with the worship of the Lares, which  the persons honoured with the title were regarded
that emperor was said to have put up in places  as participators of the imperial power, still the one
where two or more ways met.  (Orelli, Inscrip. who received the title first was looked upon as the
vol. ii. p. 197.) But A. W. Zumpt, in an excellent head of the empire.  mWhen there were two A1essay on this subject, brings forvward good reasons  gusti we find on coins and inscriptions A V G G,
for rejecting this opinion. [Compar. CoMPITALIA.]  and when three A V G G G.  From  the time of
IHe thinks it much more probable that this order  Probus the title became perpetuus Augut#stsus, and
of priests was instituted in the municipia in imita- from Philippus or Claiudius Gothicus semrper Aution of the Augustales at Rome, and for the same gustlss, the latter of which titles was borne by the
object, namely, to attend to the worship of Augustus. so-called Roman emperors in Germany.  (Eckhel,
From the numerous inscriptions in which they are  vol. viii. p. 354, &c.)  [CAESAR.]
mentioned, we learn the following facts respecting    AVIA'RIUM.  [AGRICULTURA, p. 68, b.]
them.  They formed a collegium  and were ap-    AULA.  [Dosvus.]
pointed by the decuriones, or senate of the munli-    AULAEUM.  [SIPARITJM.]
cipia.  They were generally libertini, which is    AU'REUS.  [Avnvnl]
easily accounted for by the fact, that none but the    AURI'GA.  [CIRcvs.]
freeborn (ingenui), could obtain admission into the    AURUM  (Xpvoads), gold.  The remarks made
curia of the municipia; and as there seem to have  under ARGENTUM apply to a great extent to gold
been many expences connected with the discharge as well as silver, and the sources of information
of the duties of the Augustales, the decuriones  respecting both the precious metals are specified in




AURUM.                                           AURUM.                   18i
that article. It would appear from a passage in the  greatest treasures possessed by the state; but no
Antigone (v. 1038), that in the time of Sophocles  such mention is made of gold. Thucydides (ii. 13)
gold was rare at Athens.  Indeed throughout the  in enumerating the money in the Athenian treawhole of Greece, though gold was by no means un- sury at the beginning of the Peloponnesian war,
known, it appears to have been obtained chiefly  does not mention gold; and Xenophon speaks of
through the Greek cities of Asia Minor, and the  the money of Athens in a manner which would
adjacent islands, which possessed it in abundance. lead us to suppose that it had no gold coinage in
The Homeric poems speak constantly of gold as  his time (Vectigal, iv. 10).  The mines of Scaptebeing laid up in treasuries, and used in large quan-  hyle, in Thrace, were indeed worked some years
titles for the purposes of ornament; but this is before this period (Thucyd. iv. 105); but the gold
sufficiently accounted for by the fact that Homer procured from them does not appear to have been
was an Asiatic Greek.  The chief places from  coined, but to have been laid up in the treasury in
which the Greeks procured their gold were India, the form of counters (poozoes, Biickh, Inscrip. vol. i.
Arabia, Armenia, Colchis, and Troas.  It was pp. 145, 146). Foreign gold coinwas often brought
found mixed with the sands of the Pactolus and  into the treasury, as some of the allies paid their
other rivers.                                    tribute in money of Cyaicus. The gold money thus
Almost the only method of purifying gold, known  introduced may have been allowed to circulate,
to the ancients, seems to have been that of grinding  while silver remained the current money of the state.
and then roasting it, and by this process they suc-    The character of the Attic gold coins now in
ceeded in getting it very pure. This. is what we  existence, and their small number (about a dozen),
are to understand by the phrase Xpvalou are'q0ouo is a strong proof against the existence of a gold
in Thucydides (ii. 13), and by the word obrussam  currency at Athens at an early period.  There are
in Pliny (H. N. xxxiii. 3. s. 19), and elsewhere  three Attic staters in the British Museum, and one
(Forcellini s. v. obrussa).  Respecting the use of in the Hunterian Museum at Glasgow, which there
gold in the fine arts, especially in the chrysele-  is good reason to believe are genuine; their weights
phantine statues, see Tar.EEU-IICE.  The art of agree exactly with the Attic standard.  In the
gilding was known to the Greeks from the earliest character of the impression they bear a striking
times of which we have any information.  (Hom. resemblance to the old Attic silver; but they differ
Od. iii. 425, vi. 232; Plin. HI. N. xxxiii. 3. s. 19, from it by the absence of the thick bulky form, and
6. s. 32.)                                       the high relief of the impression which is seen in
GREIEK GOLD MONEY. - The'time' when gold  the old silver of Athens, and in the old gold coins
was first coined at Athens is very uncertain. of other states.  In thickness, volume, and the
Aristophanes speaks in the Frogs (406 B. c.) of rbi depth of the die from which they were struck, they
iarvbv Xpu-iov, "the new gold money " (v. 719), closely resemble the Macedonian coinage.  Now,
which he immediately afterwards calls 7ror7pa& as upon the rise of the Macedonian empire, gold
XaxKca (v. 724).  The Scholiast on this passage  became plentiful in Greece, and was coined in
states that in the preceding year the golden statues  large quantities by the Macedonian kings, it is not
of Victory had been coined into money, and he  improbable that Athens, like other GrecianI states,
quotes Hellanicus and Philochorus as authorities  may have followed their example, and issued a gold
for this statement.  It would appear from the lan- coinage in imitation of her ancient silver.  On the
guage both of Aristophaines and the Scholiast, and  whole, it appears most probable that gold money
it is probable from the circumstances of Athens at was not coined at Athens in the period between
the time (it was the year before the battle of Pericles and Alexander the Great, if we except the
Aegospotami), that this was a greatly debased gold  solitary issue of debased gold in the year 407.
coinage, or perhaps only gilt money, struck to meet    A questionl similar to that just discussed arises
a particular exigency. This matter is distinct from  with respect to other Greek states, which we know
the general question respecting the Athenian gold  to have had a silver currency, but of which a fewgold
coinage, for the Attic money was proverbial for its  coins are also found. This is the case with Aegina,
purity, and the grammarians, who state that Athens  Thebes, Argos, Carystus in Euboea, Acarnania,
had a gold coinage at anll early period, speak of it and Aetolia.  But of these coins all, except two,
as very pure.  There are other passages in Aristo- bear evident marks,, in their weight or workmanphanes in which gold money is spoken of; but in  ship, of belonging to a period not earlier than
them he is referring to Persian money, which. is Alexander the Great. There is great reason, thereknown to have been imported into Athens before  fore, to believe that no gold coinage existed in
the Athenians had any gold coinage of their own, Greece Proper before the time of that monarch.
and even this seems to have been a rarity.  (See    But from a very early period the Asiatic nations,
Aristoph. Acharn. v. 102, 108, Equit. v. 470, and the Greek cities of Asia Minor and the adjaAv. v. 574.)  Demosthenes always uses a&pyvpL'v  cent islands, as well as Sicily and Cyrene, possessed
for money; except when he is speaking of foreign  a gold coinage, which was more or less current in
gold. In the speech against Phormio, where he  Greece.  Herodotus (i. 94) says that the Lydians
repeatedly uses the word Xpuvaio,, we are expressly  were the first who coined gold, and the stater of
told what was the money he referred to, namely, Croesus appears to have been the earliest gold coin
120 staters of Cyzicus (p. 914; compare his speech  known to the Greeks.  The Daric was a Persian
7rpbs Aacpir'. p. 935).  Isocrates, who uses the  coin.  Staters of Cyzicus and Phocaea had a conword in the same way, speaks in one passage of siderable currency in Greece.  There was a gold
buying gold money (Xpusvcre'v) in exchange for coinage in Samos as early as the time of Polycrates.
silver (Trapezit. p. 367).  In many passages of the  (Herod. iii. 56.)  The islands of Siphnos and
orators, gold money is expressly said to have been  Thasos, which possessed gold mines, appear to have
imported from Persia and Macedonia.  If we look  had a gold coinage at an early period.  In most of
at the Athenian history, we find that the silver the coins of the Greek cities of Asia Minor the
mines at Laurion were regarded as one of the  metal is very base.  The Macedonian gold coinage
N 3




182               AURUM.                                         AUSPICIUM.
came into circulation in Greece in the time of
Philip, and continued in use till the subjection of
Greece to the Romans.  [DARICUs;    STATER.]
ROMAN GOLD MONEY. —The standard gold
coin of Rome was the aureus nummus, or denariaus
aureus, which, according to Pliny (H. N. xxxiii. 3.
s. 13) was first coined 62 years after the first silver
coinage [ARGENTUM], that is in the year 207 B.C.
The lowest denomination was the scrauplzun, which
was made equal to 20 sestertii. The weight of the    Alexander Severus coined pieces of one-half and
scrupulunl, as determined by Mr. Hussey (Ancient one third of the aureus, called Semissis and tresmisWeiglits and Money) was 18-06 grs. In the British  sis (Lamprid. Alex. Sev. c. 39), after which time
Museum there are gold coins of one, two, three, the aureus was called solidcs.
and four scrupula, the weights of which are 17'2,    Constantine the Great coined aurei of 72 to the
34-5, 518', and 68'9 grains respectively.  They  pound; at which standard the coin remained to
bear a head of Mars on one side, and on the other the end of the empire.  (Cod. x. tit. 70. s. 5;
an eagle standing on a thunderbolt, and beneath  Hussey, On Ancient Weights rands Money; Wurm.
the inscription "' RomUA."  The first has the mark  De Pond. &c.)                       [P. S.]
xx (20 sestertii); the second, xxxx (40 sestertii);    AURUM  CORONA'RIUM. When a general
the third, 9/ x (60 sestertii).  Of the last we sub- in a Roman province had obtained a victory, i t
join an engraving: -                             was the custom for the cities in his own provinces,
and for those from the neighbouring states, to send
golden crowns to him, which were carried before
him in his triumph at Rome.  (Liv. xxxviii. 37,
xxxix. 7; Festus, s. v. Triump7hales Coronae.) This
practice appears to have been borrowed from the
4\) -\tgz><' /i?        \      Greeks; for Chares related, in his history of Alex~ / A   u          tander (ap. Athen. xii. p. 539. a.), that after the
conquest of Persia, crowns were sent to AlexPliny adds that afterwards aurei were coined of ander, which amounted to the weight of 10,500
40 to the pound, which weight was diminished, talents.  The n/umber of crowns which were sent
till under Nero (the reading of this word is doubt- to a Roman general was sometimes very great.
ful) they were 45 to the pound.  This change is  Cn. Manlius had 200 crowns carried before him in
supposed, from an examination of extant specimens, the triumph which he obtained on account of his
to have been made in the time of Julius Caesar. conquest of the Gauls in Asia.  (Liv. xxxix. 7.)
The estimated full weight of the aurei of 40 to the  In the time of Cicero, it appears to have been
pound is 130-1 grains, of those of 45 to the pound  usual for the cities of the provinces, instead of
115-64 grains.  No specimens exist which come  sending crowns on occasion of a victory, to pay
up to the 130-1 grains; the heaviest known is one money, which was called aurumn coronarium. (Cic.
of Pompey, which weighs 128-2 grains. The aver- Leg. Age. ii. 22; Gell. v. 6; Monum. Ancyr.)
age of the gold coins of Julius Caesar is fixed by  This offering, which was at first voluhmtary, came
Letronne at 125'66 grains, those of Nero 115-39  to be regarded as a regular tribute, and seems to
grains.  Though the weight of the aureus was  have been sometimes exacted by the governors of
diminished, its proportion to the weight of the de- the provinces, even when no victory had been
narius remained about the same, namely, as 2: 1 gained.  By a law of Julius Caesar (Cic. in Pis.
(or rather, perhaps, as 2-1: 1). Therefore since  37), it was provided that the aurum  coronariunl
the standard weight of the denarius, under the  should not be given unless a triumph was decreed;
early emperors, was 60 grains, that of the aureus but under the emperors it was presented on many
should be 120.  The average weight of the aurei other occasions, as, for instance, on the adoption of
of Augustus, in the British Museum, is 121'26  Antoninus Pius. (Capitolin. Anton. Pius, c. 4.) It
grains: and as the weight was afterwards dimi- continued to be collected, apparently as a part of
nished, we may take the average at 120 grains. the revenue, in the time of Valentinian and TheoThere seems to have been no intentional alloy in  dosius.  (Cod. 10. tit. 74.)
the Roman gold coins, but they generally contained    Servius says (ad Virg. Aen. viii. 721), that
a small portion of native silver.  The average alloy  auruni coronarium  was a sum of money exacted
is I1b. The aureus of the Roman emperors, therefore, from  conquered nations, in consideration of the
contained 20- -4 of a grain of alloy, and there- lives of the citizens being spared; but this statefore 119'6 grains of pure gold.  Now a sovereign  ment does not appear to be correct.
contains 113-12 grains of pure gold. Therefore the    AURUM LUSTRA'LE was a tax imposed by
value of the aureus in terms of the sovereign is  Constantine, according to Zosimus (ii. 38), upon
Hi]: li =  1'0564 = 11. is. Id. and a little more  all merchants and traders, which was payable at
than a halfpenny.  This is its value according to  every lustrum, or every four years, and not at every
the present worth of gold; but its current value in  five, as might have been expected from the original
Rome was different from this, on account of the dif- length of the lustrum.  This tax was also called
ference in the worth of the metal.  The aureus auri et argenti collatio or praestatio, and thus in
passed for 25 denarii; therefore, the denarius  Greek X eVVTErlAeLa 1 -roi XpvaepyvSpov. (Cod. 11.
being 81d., it was worth 17s. 81d. The ratio of the  tit. 1; Cod. Theod. 13. tit. 1.)
value of gold to that of silver is given in the article    AURUM  VICESIMA'RIUM. [AERARIIM.
ARGENTusf.  The following  cut represents an  p. 23, b.]
aureus of Augustus in the British Museum, which    AUSPEX.  [AUGUR.]
weighs 121 grainsi                                -AUSPI'CIUM.  [Aurua.J




AXONES.                                           BALNEAEA.'i83
AU THE'NTICA.  [NO-vELLAR.]                     mann, Grkcll. Staatsalterltl. ~ 107, n. 1; WachsAUTHEPSA  (a'OiEji4s), which literally means  muth Hell. Altetlhunssk. vol. i. p. 491, 2nd ed.)
"self-boiling" or "self-cooking," was the name o'
a vessel, which is supposed by Bbittiger to have
been used for heating water, or for keeping it hot.                       B.
Its form is not known for certain; but Blittiger
(Sabina, vol. ii. p. 30) conjectures that a vessel,    BACCHANA'LIA.  [DIONTYSIA.]
which is engraved in Caylus (Recueil d'Antiquilts,    BAKTE/RIA  ($a T'Vpla), a staff borne by the
vol. ii. tab. 27), is a specimen of an authepsa. dicast- at Athens.  [DICAsTES.]
Cicero (pro Rose. Amerin. 46) speaks of authepsae    BA'LATRO, a professional jester, buffoon, or
among other costly Corinthian and Delian vessels. parasite.  (Hor. Sat. i. 2. 2.)  In Horace (Sat ii.
In later times they were made of silver.  (Lam- 8. 21) Balatro is used as a proper name-Servilius
prid. Heliogab. 19; but the reading is doubtful.)  Balatro.  An old Scholiast, in commenting on this
The cacabus seems to have been a vessel of a  word, derives the common word from the proper
similar kind.                                      names; buffoons being called balatrones, because
AUTOMOLIAS   GRAPHE'  (aT7rotoXias  Servilius Balatro was a buffoon: but this is op-?yparpd), the accusation of persons charged with  posed to the natural inference from the former pashaving deserted and gone over to the enemy during  sage, and was said to get rid of a difficulty. Festus
war (Pollux, vi. 151).  There are no speeches  derives the word from blatea, and supposes buffoons
extant upon this subject.  Petitus, however, col- to have been called balatrones, because they were
lects (Leg. Att. p. 674) from the words of a cam- dirty follows, and were covered with spots of mud
inentator upon Demosthenes (Ulpian), that the  (blaeteae), with which they got spattered in walking;
punishment of this crime was death.  Meier (Att. but this is opposed to sound etymology and com-.
Proc. p. 365) awards the presidency of the court in mion sense.  Another writer has derived it from
which it was tried to the generals; but the circum- barathrum, and supposes buffoons to have been
stance of persons who left the city in times of called balatrones, because they, so to speak, carried
danger without any intention of going over to the  their jesting to market, even into the very depth
enemy, being tried by the Areiopagus as traitors  (barsatl -u sm) of the shambles (barathlrzu  smacelli,
(Lycurg. c. Leocrat. p. 177), will make us pause  Hor. Ep. i. 15. 31).  Perhaps balatro may be
before we conclude that persons not enlisted as  connected with bala-se (to bleat like a sheep, and
soldiers could be indicted of this offence before a  hence) to speak sillily.  It is probably connected
military tribunal.                  [J. S. M.]    with blatero, a busy-body.  (Gell. i. 15.)  BalaAUTO'NOMI (av'rTdoetoL), the name given  trones were paid for their jests, and the tables of
by the Greeks to those states which were governed  the wealthy were generally open to them for the
by their own laws, and were not subject to any  sake of the amusement they afforded.  [A. A.]
foreign power.  (Thuc. v. 18, 27; Xen. Hell. v. 1.    BALISTA.  [TORMENTUM.]
~ 31.)  This name was also given to those cities    BA'LNEAE, Balineae, Balneum, Balinezuns,
subject to the Romans, which were permitted to  T]ernzae (ia'd/rvOos, f3aAare7ov, Aoe'rpv, XovTrpo').
enjoy their own laws, and elect their own magis- These words are all commonly translated by our
trates (Omanes, suis legibus et judiciis usae, aVTroso- general term bath or baths; but in the writings
isav' adeptae, revixerunt, Cic. Ad Alt. vi. 2). of the earlier and better authors they are used
This permission was regarded as a great privilege, with discrimination.  Balneum or balineusn., which
and mark of honour; and we accordingly find it is derived from the Greek BaXaaveov,Varro, Deo
recorded on coins and imedals, as, for instance, on  Ling. Lat. ix. 68, ed. MUiller), signifies, in its
those of Antioch  ANT1OXEf1N  MHTPOIIOA. primary sense, a bath or bathing-vessel, such as
ATTONOMOT, on those of Halicarnassus AAIKAP- most persons of any consequence amongst the RoNACCErIN ATTONOMIN, and on those of many  mans possessed in their own houses (Cic. Ad Art.
other cities.  (Spanheim, De Praest. et Usu Nu- ii. 3), and hence the chamber which contained the
snisrs. p. 789. Amst. 1671.)                       bath (Cic. Ad Fam. xiv. 20), which is also the
AVU'LSIO.  [CONFUSIO.]                          proper translation of the word balnearium.  The
AUXILIA'RES.  [SOCIL.]                          diminutive balneolums is adopted by Seneca (Ep.
AXAMENTA.  [SaLII.]                             86) to designate the bath-r(om of Scipio, in the
AXINE (&glvsi).   [SECURss.]                    villa at Liternum, and is expressly used to chaAXIS.  [CURRUS.]                                racterise the modesty of republican manners as
A'XONES  (6tovEes), also called kurbeis (vup- compared with the luxury of his own times.  But
~iei), wooden tablets of a square or pyramidical when the baths of private individuals became more
form  made to turn on an axis, on which were  sumptuous, and comprised many rooms, instead of
written the laws of Solon.  According to some  the one small chamber described by Seneca, the
writers the Axones conltained the civil, and the  plural balnea or balinea was adopted, which still,
Kurbeis the religious laws; according to others the  in correct language, had reference only to the baths
Kurbeis had four sides and the Axones three sides. of private persons.  Thus Cicero terms the baths
But at Athens, at all events, they must have been  at the villa of his brother Quintus (Ad Q. Frat. iii.
identical, since such is the statement of Aristotle  1. ~ 1) balnearia.  Balneae and balineae, which
(ap. Plut. Sol. 25).  They were at first preserved  according to Varro (De Ling. Lat. viii. 25, ix. 41,
in  the acropolis, but were afterwards placed, ed. Miiller) have no singular number *, were the
through the advice of Ephialtes, in the agora, in  public baths.  Thus Cicero (Pro Cael. 25) speaks
order that all persons might be able to read them. of balneas Senias, balheaspul9icus, and is vestibleo
A sinall portion of them was preserved in the time
of Plutarch in the pr ytaneium.  (Plut. Sol. 25;    * Balnea is, however, used in the singular to deSchol. ad Aristopis. Av. 1360; Schol. ad Apoll. signate a private bath in an inscription quoted by
Ilowd. iv. 280; Harpocrat. 6 Kac60EdOE, V4OS; Her-  Reinesius.  (Inscr. xi. 115.)




184               BALNEAE.                                          BALNEAE.
slenearumn  (16. 26), and Aulus Gellius (iii. 1, x. 3)    The use of the warm bath was preceded by bathof bhlneas Sitias.  But this accuracy of diction is  ing in cold water (I1. x. 576). The later custom of
neglected by many of the subsequent writers, and  plunging into cold water after the warm bath menparticularly by the poets, amongst whom balnea is  tioned by Aristeides (vol. i. Orat. 2. Szer. Seran.
not uncommonly used in the plural number to sig- p. 515), who wrote in the second century of our
nify the public baths, since the word balnea could  era, was no doubt borrowed from the Romans.
not be introduced in an hexameter verse.  Pliny    After bathing, both sexes anointed themselves
also, in the same sentence, makles use of the neuter with oil, ill order that the skin might not be left
plural balnea for public, and of balnemne for a private  harsh and rough, especially after warm  water.
bath.  (Ep. ii. 17.) Thermae (a'plua, hot springs)  (Od. vi. 96; Athen. I. c.; Plin. II. N. xiii. 1.;
meant properly warm  springs, or baths of warm  see also II. xiv. 172, xxiii. 186.)  The use of prewater; but came to be applied to those magnificent cious umguents (fcupa) was unknown at that early
edifices which grew up under the empire, in place  period.  In the heroic ages, as well as later times,
of the simple balzeca e of the republic, and which  refreshments were usually taken after the bath.
comprised within their range of buildings all the  (Od. vi. 97.)
appurtenances belonging to the Greekl gymnasia,    The  Lacedaemonicans, who  considered warm
as well as a regular establishment appropriated for water as enervating and effeminate, used  two
bathing.  (Juv. Sat. vii. 233).  Writers, however, kinds of baths; namely, the cold daily bath in the
use these terms without distinction.  Thus the  Eurotas (Xen. hell. v. 4. ~ 28; Plut. Alc. 23),
baths erected by Claudius Etruscus, the freedman  and a dry sudorific bath in a chamber heated with
of the Emperor Claudian, are styled by Statius  warm  air by means of a stove (Dion Cass. liii.
(S&lv. i. 5. 13) bahlne, and by Martial (vi. 42) p. 515, ed. Hannov. 1606); and from  them  the
Ehirzsci tlzerlnzle.  In an epigram by Martial (ix. chamber used by the Romans for a similar purpose
76)- subeice balneam2   tlmernzis- the terms are not was termed Laconicune (compare Strabo, iii. p. 413,
applied to the whole building, but to two different ed. Siebenkees, and Casaub. ad loc.).
chambers in the same edifice.                        At Athens the frequent use of the public baths
Greek Bathls. -  Bathing was a practice familiar was regarded in the time of Socrates and Deto the Greeks of both sexes from the earliest times, mosthenes as a mark of luxury and effeminacy.
both in fresh water and salt, and in the natural  (Demosth. c. Polycl. p. 1217.)  Accordingly Phowarm springs, as well as vessels artificially heated. cion was said to have never bathed in a public
Thus Nausicaa, daughter of Alcinous, king of bath (vs  3aXavmeefT's   83WoGIEVOVTI, Plut. Plioc. 4),
Phaeacia, goes out with her attendants to wash  and Socrates to have made use of it very seldom.
her clothes; and after the task is done, she bathes  (Plato, Sysap. p. 174.)  It was, however, only the
herself in the river.  (Od. vi. 58, 65.)  Ulysses, warm  baths (BaXaveZa, called by Homer aepfal
who is conducted to the same spot, strips and takes  AovTpd) to which objection was made, and which
a bath, whilst Nausicaa and her servants stand  in ancient times were not allowed to be built
aside.  (Od.- vi. 210-224.)  Europa also bathes  within the city.  (Athen. i. p. 18, b.)  The estiin the river Anaurus (Mosch. Id. ii. 31), and Helen  mation in which such baths were held, is exand her companions in the Eurotas.  (Theocr. Id. pressed in the following lines of Hermippus (ap]
vii. 22.)  Warm springs were also resorted to for Athen. 1. c.)
the purpose of bathing.  The'HpcalcXEra XovTpa    M', A    O    EEIV vTb l 6pa XP1
shown by Hephaestus or Athena to Hercules are, o
celebrated by the poets.  Pindar speaks of the hot    TbV &myaOlv, o16E 4potoVTerV, & So crolerS.
baths of the' nymphs -   epua Nuvpqrv  Xovrpia  In the Clouds of Aristophanes the  fKcatos-d&yos
(Oymnp. xii. 27), and Homer (II. xxii. 149) cele- warns the young man to abstain from the baths
brates one of the streams of the Scamander for its (Paxavelos a&mrixeOEal, 1. 978), which passage, comwarm temperature.  The artificial warm  bath was pared with 1. 1028-1037, shows that warm baths
taken in a vessel called  aoldus0os by Homer, and  are intended by the word $aXavera.
C~aoeir s by Athenaeus (i. p. 25).  It would ap-    The baths ([3aXaovea) were either public (8-0
pear from the description of the bath administered  uo'tia, ml7Yoo~LEvo'VTa) or private ('I61a, iS3tcrTuca).
to Ulysses in the palace of Circe, that this vessel The former were the property of the state, but the
did not contain water itself, but was only used for latter were built by private individuals, and were
the bather to sit in while the warm  water was  opened to the public on the payment of a fee
poured over him, which was heated in a large  (E7riXovrpov).  Such private baths are mentioned
caldron or tripod, under which the fire was placed, by Plutarch (Denmetr. 24) and Isaeus (De Dicaeoy.
and when sufficiently warmed, was taken out in  her. p. 101), who speaks of one which was sold for
other vessels and poured  over the  head  and  3000 drachlllae. (De Phiiloct. her. p. 140.)  Baths
shoulders of the person who sat in the ao-dc/v0os. of this kind may also have been intended some(Od. x. 359-365.) Where cleanliness merely was times for the exclusive use of the persons to whom
the object sought, cold bathing was adopted, which  they belonged. (Xen. Rep. Ath. ii. 10.)  A small
was considered as most bracing to the nerves  fee appears to have been also paid by each person
(Athen. 1. c.); but after violent bodily exertion or to the keeper of the public baths (,aXaveSs), which
fatigue warm water was made use of, in order to  in the time of Lucian was two oboli. (Lucian,
refresh the body, and relax the over tension of the  Lexiph. 2. vol. ii. p. 320.)
muscles,  (Id. ib.; comp. Horn, ll. x. 576, Od. iv.    We know very little of the baths of the Athe48, et alibi.)                                     nians during the republican period; for the account
The &oadwrA,0os was of polished marble, like the  of Lucian in his Hippias relates to baths conbasins (labra) which have been discovered in the  structed after the Roman model. On ancient vases,
Roman baths, and sometimes of silver.  Indul-  on which persons are represented bathing, we never
gence in the warm bath was considered, in Homer's  find any thing corresponding to a modern bath in
time, a mark of effeminacy (0d. viii. 248).        which persons can stand or sit; but there is always




BALNEAE.                                           BALNEAE.                   185'
a round or oval basin (Xovr-'p or Xovr-pLov), rest-  several strigils are figured below.  The Greeks
ing on a stand (Trdoe-rareo,), by the side of which  also used different materials for cleansing or washthose who are bathing are represented standing  ing themselves in the bath, to which the general
undressed and washing themselves, as is seen in  name of p~v5ya was given. and which were supthe following woodcut taken from Sir W. Hamil-  plied by the  aXeavevs.  (Aristoph. Lysistr. 377.)
ton's vases.  (Tischbein, i. pl. 58.)  The word  This hpuAa usually consisted of a lye made of lime
AHMO:IA  upon it shows that it belonged to a  or wood-ashes (Kovia), of nitrum, and of fuller's
public bath.                                       earth (?y~ cileomia, Aristoph. Ran. 710 and Schol.;
Plat. Rep. iv. p. 430).
The bath was generally taken shortly before the
__ l_____            eZ 6rvovs or principal meal of the day.  It was the
aU1            J    ~practice to take first a warm or vapour, and afterwards a cold bath (Plut. de primo frig. 10; Paus.,
ii. 34. ~ 2), though in the time of Homer the cold
bath appears to have been taken first and the warm'2      Ad l               afterwards.  The cold water was usually pouredon the back or shoulders of the bathers by the
1iA >,2< >                 Bhaxavuss or his assistants, who are called irapaxvt/> >  t3  h  \  \ at. (Plat. Rep. i. p. 344; Lucian,  Dezostlc. EnA(  N~ - /X  A=~ I v\\      7cons. 16. vol. iii. p. 503; Plut. de Invid. 6, Apopktht..
Lac. 49.)  The vessel, from which the water was
poured, was called &p-'Tarua. (Aristoph. Equit.
1087; Theophr. C/tar. 9.)  In the first of the pre_/,  ___ __.___  ceding woodcuts a 7rapaXtrsirts is represented with'
an \apuralva in his hands.
Among the Greeks a person was always bathed
at birth, marriage, and after death [FurNus];
The next woodcut is also taken from the same  whence it is said of the Dardanians, an  llywork (i. pl. 59), and represents two women bath- an people, that they bathe only thrice in their
ing. aThe one on the right hand is entirely naked, lives, at birth, marriage, and after death. (Nicol.:
and holds a looking- glass in her right hand; the one. ciStob. v. 51. p. 152, Gaisf.)   The
on the left wears only a short kind of. Eros  water in which the bride was bathed (Nou-rpbv
is represented hovering over the bathing vessel.    eIndf,    Aristoph. Lysista r 378) at Athens, was
taken firom the fountain of KallirrhoP, which was
called from the time of Peisistratus'Evveahpovvos.:
(Thucyd. ii. 15.)  Compare Pollux, iii. 43; Har~_'_~ —     /            fpocrat. s. v. AovTpoep6por, who says that the water,
was fetched by a boy, who was the nearest relation, and that this boy was called XovTpo(p6pos.
- Im>1 SmH-Ie also states that water was fetched in the same
-\4zL;;    Away to bathe the bodies of those who had died unmarried, and that on the monuments of such, a boy
was represented holding a water-vessel (S6pia).
{',  )i-Ylt.  \        SwAPollux (I. c.), however, states that it was a female
who fetched the water on such occasions, and De- i;\lX G) —-           (         mosthenes (c. Leochar. p. 1089. 23; compare p.
1086. 14. &c.) speaks of I Xeourpoqepos on the
monument of a person who had died unmarried.
In remains of ancient art we find girls represented
as hovTeoqupdpoe, but never boys. (Brainsted, Brief'( —- a   X  I I AL      Description of t/lirty-two ancient Greek Vases, pl..
27.  The best account of the Greek baths is given
by Becker, Cltarikles, vol. ii. pp. 135-146, pp.
Besides the  Xouevipes and XovTrpta there were  459-462.)
also the vessels for bathing, large enough for per-    Roman Batis.-  The Romans, in the earlier
sons to sit in, which, as stated above, are called  periods of their history, used the bath but seldom,
&aduwz70ot by Homer and 7rsAeot by the later and only for health and cleanliness, not as a
Greeks (Schol. ad Aristoph. Equit. 1055; Hesych. luxury.  Thus we learn from  Seneca (Ep. 86)
s. v. vIaxos; Pollux, vii. 166, 168).  In the  that the ancient Romans washed their legs and
baths there was also a kind of sudorific or vapour arms daily, and bathed their whole body once a.
bath called 7ruvpia or 7rvpa'rsTpio, which is men-  week.  (Comp. Cat. de Lib. Eduzc. ap. Non. iii.
tioned as early as the time of Herodotus (iv. 75). s. v. EJphsppiuma; Colum. R. R. i. 6. ~ 20.)
(Compare Pollux, vii. 1 68; Athen. v. p. 207, f.,   It is not recorded at what precise period the use
xii. p. 519, e.; Plut. Ciez. 1.)                   of the warm bath was first introduced amongst the
The persons who bathed probably brought with  Romans; but we learn from  Seneca (I. c.) that
them strigils, oil, and towels.  The strigil, which  Scipio had a warm bath in his villa at Litemum;
was called by the Greeks  rTXFe7L'S or  v'rvrpa, which, however, was of the simplest kind, consistwas usually made of iron, but sometimes also of ing of a single chamber, just sufficient for the
other materials.  (Plut. Inst. Lac. 32; Aelian, necessary purposes, and without any pretensions
xii. 29.)  One of the figures in the preceding  to luxury.  It was " small and dark," he says:
woodcut is represented with a strigil in his hand;  "after the manner of the ancients."'  Seneca also




186              BALNEAE.                                         BALNEAE.
describes the public baths as obscuia et gregali  zixta), from  being opened in Rome. (Lamprid.
teclorio inducta, and as so simple in their arrange- Alex. Sev. c. 42.)
ments that the aedile judged of the proper tern-    When the public baths (balneae) were first inperature by his hands. These were baths of warm  stituted, they were only for the lower orders, who
wa.ter; but the practice of heating an apartment alone bathed in public; the people of wealth, as
with warm air by flues placed immediately under well as those who formed the equestrian and senait, so as to produce a vapour bath, is stated by Va-  torian orders, used private baths in their own
lerius Maximus (ix. 1. ~ 1) and by Pliny (H. N. ix. houses.  But as early even as the time of Julius
54. s. 79) to have been invented by Sergius Orata, Caesar we find no less a personage than the mother
who lived in the age of L. Crassus, the orator, of Augustus making use of the public establishbefore the Marsic war.  The expression used by  ments (Suet. Aug. 94); and in process of time
Valerius Maximus is balnea pensilia, and by Pliny  even the emperors themselves bathed in public
balineas pensiles, which is differently explained by  with the meanest of the people.  (Spart. IHadr.
different commentators; but a single glance at the  c. 17; Trebell. Pollio, De Gallien. duob. c. 17.)
plans inserted below will be sufficient in order to    The baths were opened at sunrise, and closed
comprehend the manner in which the flooring of at sunset; but in the time of Alexander Severus,
the chambers was suspended over the hollow cells it would appear that they were kept open nearly
of the hypocaust, called by Vitruvius suspensura  all night.  (Lamp. Alex. Sev. 1. c.)  The allusion
caldarioriem (v. 11), so as to leave no doubt as to  in Juvenal (balnea nocte subit, Sat. vi. 419) prothe precise meaning of the invention, which is more  bably refers to private baths.
fully exemplified in the following passage of Au-    The price of a bath was a quadrans, the smallest
sonius (lIosell. 337):-                          piece of coined money, from  the age of Cicero
downw-ards (Cic. Pro Cael. 26; Hor. Sat. i. 3. 137;
"Quid (memorem) quae sulphurea substructa cre-downwards (Cic.P   Ce-. 26; Her.Sat. i. 3. 137;
Quidn (memorem) uae fsuphurea substructa cre- Juv. Sat. vi. 447), which was paid to the keeper
pidine fumant                                of the bath (bazneator); and hence it is termed by
Balnea, ferventi cum Mulciber haustus operto,    Cicero, in the oration just cited, quadrantaria perVolvit anhelatas tectoria, per cava, fiamm~as,  mutatio, and by Seneca (Ep. 86) res quadrantaria.
Inclusum g~lomerans aestu exspirante vaporem?"   Children below a certain age were admitted free.
By the time of Cicero, the use of baths, both  (Juv. Sat. ii. 152.)
public and private, of warm water and hot air, had    Strangers, also, and foreigners were admitted to
become general (Epist. ad Q. Frat. iii. 1); and we  some of the baths, if not to all, without payment,
learn from  one of his orations that there were  as we learn from an inscription found at Rome,
already baths (balneas Senias) at Rome, which  and quoted by Pitiscus.  (Lex Antiq.)
were open to the public upon payment of a small              L. OCTAVIO. L. F. CAM.
sum (Pro Cael. 25, 26).                                   RUFO. TRIB. MIL........
In the earlier ages of Roman history a much   QUI LAVATIONEM GRATUITAM  MUNICIPIBUS,
greater delicacy was observed with respect to bath-                  INCOLIS
ing, even amongst the men, than was usual among          HOSPITIBUS ET ADVENTORIBUS.
the Greeks; for according to Valerius Maximus    The baths were closed when any misfortune
(ii. 1. ~ 7) it was deemed indecent for a father to  happened to the republic (Fabr. Descr. Urb. Rom.
bathe in company with his own son after he had  c. 18); and Suetonius says that the Emperor Caligula
attained the age of puberty, or a son-in-law with  made it a capital offence to indulge in the luxury
his father-in-law.  (Comp. Cic. De Off. i. 35, De  of bathing uponany religious holiday. (lb.) They
Orat. ii. 55.)  But virtue passed away as wealth  were originally placed under the superintendence
increased; and when the thermae came into use, of the aediles, whose business it was to keep them
not only did the men bathe together in numbers, in repair, and to see that they were kept clean and
but even men and women stripped and bathed  of a proper temperature. (lb.; Sen. Ep. 86.) In the
promiscuously in the same bath.  It is true, how- provinces the same duty seems to have devolved
ever, that the public establishments often con- upon the quaestor, as may be inferred from the
tained separate baths for both sexes adjoining to  passage already quoted from Aulus Gellius (x. 3).
each other (Vitruv. v. 10; Varro, De Ling. Lat. ix.    The time usually assigned by the Romans for
68), as will be seen to have been the case at the  taking the bath was the eighth hour, or shortly
baths of Pompeii. Aulus Gellius (x. 3) relates a  afterwards.  (Mart. Ep. x. 48, xi. 52.)  Before
story of a consul's wife who took a whim to bathe  that time none but invalids were allowed to bathe
at Teanum  (Teano), a small provincial town of in public.  (Lamprid. Alex. Seo. 24.)  Vitruvius
Campania in the men's baths (balneis virilibus); reckons the hours best adapted for bathing to be
probably, because in a small town, the female de- from mid-day until about sunset (v. 10).  Pliny
partment, like that at Pompeii, was more confined  took his bath at the ninth hour in summer, and at
and less convenient than that assigned to the men; the eighth in winter (Ep. iii. 1, 8); and Martial
and an order was consequently given to the Quaes-  speaks of taking a bath when fatigued and weary, at
tor, M. Marius, to turn the men out. But whether thetenth hour, and even later. (Epig. iii. 36, x. 70.)
the men and women were allowed to use each    When the water was ready, and the baths preother's chambers indiscriminately, or that some of pared, notice was given by the sound of a bellthe public establishments had only one common  aes ternzmarum.  (Mart. Ep. xiv. 163.)  One of
set of baths for both, the custom prevailed under these bells, with the inscription FIRMI BALNEAthe Empire of men and women bathing indiscrimi- TORIS, was found in the thermae Diocletianne, in
nately together.  (Plin. H. N. xxxiii. 12. s. 54.) the year 1548, and came into the possession of the
This custom  was forbidden by Hadrian (Spart. learned Fulvius Ursinus.  (Append. ad Ciaccon.
Hadr. c. 1), and by M. Aurelius Antoninus (Capi- de Trielin.)
tolin. Anton. c. 23); and Alexander Severus pro-    Whilst the bath was used for health merely or
hibited any baths, common to both sexes (balnea  cleanliness, a single one was considered sufficient




BALNEAE.. BALNEAE.                  187
at a time, and that only when requisite.  But the  either in the sun, or in the tepid or thermal chamluxuries of the empire knew no such bounds, and  ber, and finally to take their food.
the daily bath was sometimes repeated as many as    The Romans did not content themselves with a
seven and eight times in succession -  the number  single bath of hot or cold water; but they went
which the Emperor Commodus indulged himself through a course of baths in succession, in which
with. (Lamnprid. Corn. c. 2.) Gordian bathedseven  the agency of air as well as water was applied.
times a day in summer, and twice in winter.  The  It is difficult to ascertain the precise order in
Emperor Gallienus six or seven times in summer, which the course was usually taken, if indeed
and twice or thrice in winter.  (Capitolin. Gall. there was any general practice beyond the whim
c. 17.)  Commodus also took his meals in the bath  of the individual.  Under medical treatment, the
(Lamprid. 1. c.); a custom which was not confined  succession would, of course, be regulated by the
to a dissolute Emperor alone.  (Comp. Martial, nature of the disease for which a cure was sought,
jpuig. xii. 19.)                                   and would vary also according to the different
It was the usual and constant habit of the Ro- practice of different physicians.   It is certain,
mans to take the bath after exercise, and pre- however, that it was a general practice to close
viously to their principal meal (coena); but the  the pores, and brace the body after the excessive
debauchees of the empire bathed after eating as  perspiration of the vapour bath, either by pouring
well as before, in order to promote digestion, so as  cold water over the head, or by plunging at once
to acquire a new appetite for fresh delicacies. Nero  into the piscina, or into a river.  (Auson. Mosell.
is related to have indulged in this practice. (Suet. 341.)  Musa, the physician of Augustus, is said to
Nero, 27; comp. Juv. Sat. i. 142.)                 have introduced this practice (Plin. H. N. xxv. 7.
Upon quitting the bath it was usual for the  s. 38), which became quite the fashion, in conRomans as well as the Greeks to be anointed with  sequence of the benefit which the emperor derived
oil; but a particular habit of body, or tendency to  from it, though Dion (liii. p. 517) accuses Musa of
certain complaints, sometimes required this order having artfully caused the death of Marcellus by
to be reversed; for which reason Augustus, who  an improper application of the same treatment. In
suffered from nervous disorders, was accustomed to  other cases it was considered conducive to health
anoint himself before bathing (Suet. Aug. 82); to pour warm  water over the head before the
and a similar practice was adopted by Alexander  vapolur bath, and cold water immediately after it
Severus.  (Lamprid. Alex. Sev. 1. c.)   The most  (Plin. H. N. xxviii. 4. s. 14; Cels. De Med. i.
usual practice, however, seems to have been to  3); and at other times, a succession of warm,
take some gentle exercise (exercitatio), in the first  tepid, and cold water was resorted to.
instance, and then, after bathing, to be anointed    The two physicians Galen and Celsus differ in
EATS  RIGIDARN TPIDAR IUM    CONAMEAA          _           BAL NEUM   /.
200                        W S  T IJI 
some respects as to the order in which the baths  (Galen, DeMethodoMedendi, x. 10. p. 708, 709, ed.
should be taken; the former recommending first the  KUhn); whilst the latter recommends his patients
hot air of the Laconicum  (&apL ~rep/x.), next the  first to sweat for a short time in the tepid chamber
bath of warm water ('iowp [eplmbv and XoDTpov *), (tepidariumu), without undressing; then to proceed
afterwards the cold, and finally to be well rubbed  into the thermal chamber (calidarium), and after
having gone through a regular course of perspir* Aoipov. In this passage it is plain that the  ation there, not to descend into the warm  bath
word XovTpov is used for a warm  bath, in which  (soliurm), but to pour a quantity of warm  water
sense it also occurs in the same author.  Vitruvius over the head, then tepid, and finally cold; after(v. 11), on the contrary, says that the Greeks used  wards to be scraped with the strigil (perfricari),
the same word to signify a cold bath  (frigida  and finally rubbed dry and anointed.  (Cels. De
lavatio, quame Graeci XoVcrpov vocitant).  The con- Med. i. 4.) Such, in all probability, was the usual
tradiction between the two authors is here pointed habit of the Romans when the bath was resorted
out, for the purpose of showing the impossibility,
as well as impropriety, of attempting to affix one made use of by the ancient writers in reference to
precise meaning to each of the different terms their bathing establishments.




188.              BALNEAE.                                        BALNEAE.
to as a- daily source of pleasure, and not for any  Apollirtaris (Epist. ii. 2), and Seneca (Epist. 51,
particular medical treatment; the more so, as it 56, 86).
resembles in many respects the system  of bathing    But it would be almost hopeless to attempt to
still in practice amongst the Orientals, who, as arrange  the  information  obtained  from  these
Sir W. Gell remarks, " succeeded by conquest to  writers, were it not for the help afforded us by the
the luxuries of the enervated Greeks and Romans."  extensive ruins of ancient baths, such as the
(Gell's Pompeii, vol. i. p. 86, ed. 1832.)       Thernea of Titus, Caracalla, and Diocletian, but
Having thus detailed from classical authorities  above all the public baths (balneae) at Pompeii,
the general habits of the Romans in connection  which were excavated in 1824-25, and were
with their system  of bathing, it now remains to  found to be a complete set, constructed in all their
examine and explain the internal arrangements important parts upon rules very similar to those
of the structures which contained their baths; laid down by Vitruvius. and in such good preservwhich will serve as a practical commentary upon  ation that many of the chambers were complete,
all that has been said.  Indeed there are more  even to the ceilings.
ample. and better materials for acquiring a thorough    In order to render the subjoined remarks more
insight into Roman manners in this one particular, easily intelligible, the woodcut on the preceding
than for ally other of the usages connected with  page is inserted, which is taken from  a fresco
their domestic habits.  The principal ancient au- painting upon the walls of the thermae of Titus at
thorities are Vitruvius (v. 10), Lucian ('I7r7ras X  Rome.
j3ahdciLov, a detailed description of a set of baths    The annexed woodcut represents the ground
erected by an architect named Hippias), Pliny the  plan of the baths of Pompeii, which are nearly
Younger, in the two letters describing his villas (ii. surrounded on three sides by houses and shops,
17, v. 6), Statius (Balneum Eltrusci, Silv. i. 5), thus forming what the Romans termed an insula.
Martial (vi.. 42, and other epigrams), Sidonius    The whole building, which comprises a double
U16 1
set of baths, has six different entrances from the  rounding the insula (the outer curb of which is
street, one of-which A, gives admission to the  marked upon the plan by the thin line drawn
smaller set only, which are supposed to have been  round it), and after descending three steps, the
appropriated to the women, and'five others to the  bather finds upon his left hand a small chamber
male department; of which two, B and C, com-  (1), which contained a convenience (latrinn *), and
municate directly with the furnaces, and the other proceeds into a covered portico (2), which ran
three D, E, F, with the bathing apartments, of round three sides of an open court-aelium  (3),
which F, the nearest to the forum, was the prin- and these together formed the vestibule of the
cipal one; the other two, D and E, being on dif- baths - vestibulunsn balnearum (Cic. Pro Cael. 26),
ferent sides of the building, served for the conve- in which the servants belonging to the establishnience of those who lived on the north and east ment, as well as the attendants of the bathers,
sides of the city.  To have a variety of entrances  waited.  There are seats for their accommodation
(io'aotes wroXhaas TeOvpoWei'0v) is one of the qualities enumerated by Lucian as necessary to a well-    * Latrina was also used previously to the time
constructed set of baths.  (Hippias, 8.)  Passing  of Varro for the bathing-vessel, quasi lavatriva.
through the principal' entrance F, which is re- (Varro, De Ling Lat. ix. 68. ed. Muller; compare
moved from  the street by a narrow footway sur-  Lucill. ap. Non. c. 3. n. 131.)




fBALNEAE.                                        BALNEAE.                  189
placed underneath the portico (a, a).  This corm- take charge of them.  These men were notorious
partment answers exactly to the first, which is de- for dishonesty, and leagued with all the thieves of
scribed by Lucian (1. c. 5).  Within this court the  the city, so that they connived at the robberies
keeper of the baths (balneator) who exacted the they were placed there to prevent. Hence the exquladrazs paid by each visitor, was also stationed; pression of Catullus - O furum  opltme balneariand the box for holding the money was found in  orum / (Carmr. xxxiii. 1) and Trachilo in the Ruit.  The room  (4), which runs back from  the  dens of Plautus (ii. 33. 51), complains bitterly
portico, might have been appropriated to him; or, of their roguery, which, in the capital, was carried
if not, it might have been an oecus or exedra, for to such an excess that very severe laws were enthe convenience of the better classes whilst await- acted against them, the crime of stealing in the
ing the return of their acquaintances from the in- baths being made a capital offence.
te;ior, in which case it will correspond with the    To return into the chamber itself —it is vaulted
chambers mentioned by Lucian (1. c. 5), adjoining  and spacious, with stone seats along two sides of
to the servants' waiting-place (dEv aporEpEP   be rd,  the wall (b, b), and a step for the feet below,
es Trpuvpj 7rrapepeKEvvao'tE'v' otlc 7tcTrwv).  In this  slightly raised from the floor (pulvinus et gradeus,
court likewise, as being the most public place, Vitruv. v. 10).  Holes can still be seen in the
advertisements for the theatre, or other announce- walls, which might have served for pegs on which
ments of general interest, were posted up, one of the garments were hung when taken off.  It was
which, announcing a gladiatorial show, still re- lighted by a window closed with glass, and ornamains.  (5) Is the corridor which conducts from  mented with stucco mouldings and painted yellow.
the entrance E, into the same vestibule.  (6) A  A sectional drawing of this interior is given in Sir
small cell of similar use as the corresponding one  XW. Gell's Pompeii.  There are no less than six
in the opposite corridor (1).  (7) A passage of doors to this chamber; one led to the entrance E,
communication which leads into the chamber (8), another to the entrance D, a third to the small
the f'igidariaum, which also served as an apodyte- room (11), a fourth to the furnaces, a fifth to the
riam, or spoliatorium, a room for undressing; and  tepid apartment, and the sixth opened upon the
which is also accessible from the street by the  cold bath (10), named indifferently by the ancient
door D, through the corridor (9), in which a small authors, natatio, natatoriumn, piscina, baptisteiumn *,
niche is observable, which probably served for the puteus, AovTrpov.  The bath, which is coated with
station of another balneator, who collected the  white marble, is 12 feet 10 inches in diameter,
money from those entering from the north street. and about 3 feet deep, and has two marble steps
In this room all the visitors must have met before  to facilitate the descent into it, and a seat surentering into the interior of the baths; and its  rounding it at the depth of 10 inches from the
locality, as well as other characteristic features  bottom, for the purpose of enabling the bathers to
in its fittings up, leave no room to doubt that it sit down and wash themselves. The ample size of
served as an undressing room. It does not appear this basin explains to us what Cicero meant when
that any general rule of construction was followed  he wrote-Latioremz piscinam voluissem, ubijactata
by the architects of antiquity, with regard to the  bracsiMa non offenderenltr.  It is probable that
locality and  temperature  best adapted for an  many persons contented themselves with the cold
apodvterium.  The word is not mentioned by  bath only, instead of going through the severe
Vitruvius, nor expressly by Lucial; but he says  course of perspiration in the warm  apartments;
enough for us to infer that it belonged to the  and as thefrzigidariumn alone could have had no
fiigidmarium  in the baths of Hippias (1. c. 5). effect in baths like these, where it merely served
" After quitting the last apartment there are a  as an apodyteriumn, the natatio must be referred to
sufficient number of chambers for the bathers to  when it is said that at one period cold baths were
undress, in the centre of which is an oeccts con- in such request that scarcely any others were used.
taining three baths of cold water."  Pliny the  (Gell's Pompeii, 1. c.)  There is a platform, or amyounger says that the apodlyterium at one of his bulatory (schola, Vitruv. v. 10) round the bath,
own villas adjoined the frigidaritum (Ep. v. 6), also of marble, and four niches of the same mateand it is plain from a passage already quoted, that rial disposed at regular intervals round the walls,
the apodyterizum was a warm apartment in the  with pedestals, for statues probably, placed in
baths belonging to the villa of Cicero's brother, them.t  The ceiling is vaulted, and the chiumQuintus (assa in alteruz alpaodyterii antmuluz m pro- hber lighted by a window in the centre.  The
m2ovi), to which temperature Celsus also assigns it. annexed woodcut represents a fr'igidarium  with
In the thermae at Rome the hot and cold depart- its cold bath (pateus, Plin. Ep. v. 6) at one exments had probably each a separate apodyterium  tremity, supposed to have formed a part of the
attached to it; or if not, the ground plan was so  Formian villa of Cicero, to whose age the style of
arranged that one apodyterietm would be contiguous
to, and serve for both, or either; but where space    * The word baptisterium  (Plin. Ep. v. 6) is
and means were circumscribed, as in the little city  not a bath sufficiently large to immerse the whole
of Pompeii, it is more reasonable to conclude that body, but a vessel, or labruma, containing cold
thefticidariscum served as an apodseriunz for those  water for pouring over the head.  Compare also
who confined themselves to cold bathing, and the  Plin. Ep. xvii. 2.
tepidamiuma for those who commenced their ablutions    t According to Sir W. Gell (1. c.) with seats,
in the warm apartments.  The bathers were ex- which he interprets sclolae, for the accommodation
pected to take off their garments in the apodyte-rium, of persons waiting an opportunity to bathe - but
it not being permitted to enter into the interior a passage of Vitruvius (v. 10), hereafter quoted,
unless naked.  (Cic. Pro Catl. 26.)  They were  seems to contradict this use of the term -and
then delivered to a class of slaves, called capsarii seats were placed in thefrigidarium adjoining, for
(from capsa, the small case in which children car- the express purpose of accommodating those who
ried their books to school), whose duty it was to  were obliged to wait for their turn.




190              BALNEAE.                                          B3ALNEAE,
construction, and the use of the simple Doric    c uncariumn, elaeot/esium),the proper place for which
order, undoubtedly belong.  The bath itself; into  is represented by Lucian (I. c;) as adjoining to the
tepidaritot n, and by Pliny (Ep. ii. 17) as adjoining
to the hypocaust; and for which purpose some of
the niches between the Telazmones seem to be peculiarly adapted. In the larger establishments a
separate chamber was allotted to these purposes,
as may be seen by referring to the drawing taken
from  the Thermae of Titus; but as there is no
other spot within the circuit of the Pompeian baths
which could be applied in the same manner, we
may safely conclude that the inhabitants of this
A. R.                       city were anointed in the tepidasriuo; which service was performed by slaves called unctores and
aliptae. [ALIPTAE.] For this purpose the common
which the water still continues to flow from a  people used oil, sometimes scented; but the more
neighbouring spring, is placed under the alcove, wealthy classes indulged in the greatest extravaand the two doors on each side opened into small gance with regard to their perfumes and unguents.
chambers, which probably served as apodytesia. These they either procured from the elaeothesium of
It is still to be seen in the gardens of the Villa  the baths, or brought with them  in small glass
Caposeli, at Mola di Gaeta, the site of the ancient bottles ampeullae oleariace; hundreds of which have
Formiae.                                         been discovered in different excavations made in
In the cold bath of Pompeii the water ran into  various parts of Italy.  [AMPULLA.]  The fifth
the basin through a spout of bronze, and was book of Athenaeus contains an ample treatise upon
carried off again through a conduit on the opposite  the numerous kinds of ointments used by the
side.  It was also furnished with a waste-pipe  Romans; which subject is also fully treated by
under the margin to prevent it from running over. Pliny (H. N. xiii.).
No. 11 is a small chamber on the opposite side of    Caligula is mentioned by Suetonius (Cal. 37) as
the f'rigidariium, which might have served for having invented a new luxury in the use of the
shaving (tonstrina), or for keeping unguents or bath, by perfuming the water, whether hot or cold,
strigiles; and from the side of theftsigidarium, the  by an infusion of precious odours, or as Pliny states
bather, who intended to go through the process of (I. c.), by anointing the walls with valuable unwarm bathing and sudation, entered into (12) the  guents; a practice, he adds, which was adopted by
tepidarimuem.                                    one of the slaves of Nero, that the luxury might
This chamber did not contain water either at not be confined to royalty (ne principals videatsur
Pompeii or at the baths of Hippias, but was merely  hoc bonutn).
heated with warm air of an agreeable temperature    From this apartment, a door, which closed by its
in order to prepare the body for the great heat of own weight, to prevent the admission of the cooler
the vapour and warm baths, and, upon returning, air, opened into No. 13, the thermal chamber or
to obviate the danger of a too sudden transition to  concamerata sudatio of Vitruvius (v. 11); and
the open air. Inthe baths at Pompeii this chamber  which, in exact conformity with his directions,
served likewise as an apodyteriuma for those who  contains the warm bath-balneum, or calda lavatio
took the warm  bath; for which purpose the fit- (Vitruv. 1. c.), at one of its extremities; and the
tings up are evidently adapted, the walls being di- semicircular vapour-bath, or Laconicumn at the
vided into a number of separate compartments or other; whilst the centre space between the two
recesses for receiving the garments when taken off, ends, termed sudatio by Vitruvius (I. c.), and sudaby a series of figures of the kind called Atlantes or toriue7 by Seneca, is exactly twice the length of its
Telamones, which project from the walls, and sup- width, according to the directions of Vitruvius.
port a rich cornice above them.  One of these di- The object in leaving so much space between the
visions, with the Telamnones, is represented in the  warm bath and the Laconicunm was to give room
article ATLANTES. Two bronze benches were also  for the gymnastic exercises of the persons within
found in the room, which was heated as well by  the chamber, who were accustomed to promote a
its contiguity to the hypocaust of the adjoining  full flow of perspiration by rapid movements of the
chamber, as by a brazier of bronze (foculus), in  arms and legs, or by lifting weights. (Juv. Sat. vi.
which the charcoal ashes were still remaining  420.)  In larger establishments the conveniences
when the excavation was made.  A representation  contained in this apartment occupied two separate
of it is given in the annexed woodcut.  Its whole  cells, one of which was appropriated to the warm
length was seven feet, and its breadth two feet six  bath, which apartment was then termed caldariznm,
inches.                                          cella caldaria, or balneum, and the other comprised
Ini addition to this service there can be little  the Laconicum  and sudatory -laconicuzm sudadoubt that this apartment was used as a depository  tionesque (Vitruv. 1. c.), which part alone was then
for unguents and a room for anointing (Xes7rrljp~Lv, designated under the name of concaanerta s.dcatio.




BALN EAE.                                       2BALNEAIE.                 19 1
This distribution is represented in the painting on  lower step (gradus ia/crior), which together take
the walls of the Thermae of Titus; in which there  up. two feet.
is also another peculiarity to be observed, viz., the    The warm bath at Pompeii is a square basin of
passage of communication (intercapedo) between the  marble, and is ascended from the outside by two
two chambers, the flooring of which is suspended  steps raised from the floor, which answered to the
over the hypocaust.  Lucian informs us of the use  parapet or pluteus of Vitruvius.  Around ran a
for which this compartment was intended, where  narrow platform (schola); but which, in consequence
he mentions as one of the characteristic conveni- of the limited extent of the building, would not adences in the baths of Hippias, that the bathers need  mit of a seat (pultinus) all around it.  On the innot retrace their steps through the whole suite of terior another step allowed the bathers to sit down
apartments by which they had entered, but might and wash themselves.  The annexed section will
return from the thermal chamber by a shorter cir- render this easily intelligible.
cuit through a room of gentle temperature (&' ~ps'/a
rbep/LO  oKlcUa7'roS, 1. c. 7), which communicated                              1
immediately with the firigidarium.                                              1
The warm-water bath, which is termed calda                 iil_.,
lavatio by Vitruvius (I. c), balineum by Cicero
(Ad Att. ii. 3), piscina or clida piscina by Pliny     gf R     []i
(Ep. ii. 17) and Suetonius (Nero, 27), as well
as labrumn (Cic. Ad Fam. xiv. 16), and solium by
Cicero (in Pison. 27), appears to have been a capa-    A, labren    B. schola  C, plutets  D, the step
cious marble vase, sometimes standing upon the                       y called sde/nsa.  (Fule. Urflior, like that in the picture from the Thermae oficlin)  In the
Titus;  and sometimes either partly elevated above  women's baths of the opulent and luxurious capital,
the floor, as it was at Pompeii, or entirely sunk into  the N  xxxiii. 12. sometimes made of silver.  Plin.
it, as directed by Vitruvius (v. 10). His words are
these: - " The bath (labrum) should be placed    V We now turn to the opposite extremity of the
underneath the window, in such a position that the  chamber which contains the Laconicun or vapersons who stand aro-und may not cast their sha-pour bath, so called because it was the custom of
dows upon it.  The platform'which surrounds the  the Lacedaemonians to strip and anoint themselves
bath (sc/olae labrorun) must be sufficiently spa- without using warm  water after the perspiration
cibois to admit of the suco rrounding observters, who sproduced by their athletic exercises. (Dion Cass. liii.
cious to admit of the surrounding    observers, whoPr
are waiting for their turn, to stand there without p. 516; comp. Martial. Epig. vi. 42. 1.)  It is
crowding each other.  The width of the passage or termed assa by Cicero (Ad Quint. Frat. iii. 1. ~ 1),
channel (alveus), which lies between the parapet from, to dry; because it produced perspira(pluteus), and the wall, should not be less than six  tion by means of a dry, hot atmosphere, which
feet, so that the space occupied by the seat and its  Celsus (iii. cap. ult.) consequently terms sudatione
step below (pulvinus et gradus inferior) may take  assas, " dry sweating," which he afterwards adds
off just two feet from the whole width." The sub- (xi. 17) was produced by dry warmth (caeore
joined plans given by Marini, will explain hi  s/eco).  It was called by the Greeks 7rupzatripio;
meaning.                                         (Voss. Lex. Etym. s. v.) from the fire of the hypocaust, which was extended under it; and hence by
Alexander Aphrodis. dqpbv aoX4v, ca dry vaulted
chamber."
Vitruvius says that its width should be equal
Ul~                                      1' i~D ) II _h I )_1
A., lab_.um, or bath; B, schola, or iatform;  C,
pluteus, or parapet; D, alheots, passage between the  to its height, reckoning from the flooring (suspenpluteus and wall; F, puleinus, or seat; and E, the  sura) to the bottom of the thole (ienam curvaturam




192              BA LNE A F.                                       BALNEAE.
henispf7eaerii). orer the centre of which an orifice is heat, or comes in from violent exercise.  These inleft from which a bronze shield (clipeus) was sus- struments, some specimens of which are represented
pended.  This regulated the temperature of the  in the previous woodcut, and many of which have
apartment, being raised or lowered by means of been discovered amongst the ruins of the various
chains to which it was attached.  The form of the  baths of antiquity, were made of bone, bronze, iron,
cell was required to be circular, in order that the  and silver; all corresponding in form  with the
warm air from the hypocaust might encircle it with  epithet of Martial, " curveo  distringere ferro"
greater facility.  (Vitruv. v. 10.)  In accordance  (Epig. xiv. 51).  The poorer classes were obliged
with these rules is the Laconicum at Pompeii, a  to scrape themselves, but the more wealthy took
section of which is given in the previous page, their slaves to the baths for the purpose; a fact
the clipeus only being added in order make the  which is elucidated by a curious story related by
meaning more clear.                              Spartianus (Hadrian. c. 17).
A, The suspended pavement, suspensura; 13. the    The strigil was by no means a blunt instrument,
junction of the hemisphaerium with the side walls, consequently its edge was softened by the applican
ima curvatura lhemzisphaerii; C, the shield, clipezs; tion of oil, which was dropped upon it from a small
E and F, the chains by which it is raised and  vessel called guttess*, which had a narrow neck, so
lowered; D, a labruzm, or flat marble vase, into  as to discharge its contents drop by drop, from
which a supply of water was introduced by a single  whence the name is taken.  A representation of a
pipe running through the stem. Its use is not ex- guttus is given in the preceding woodcut. Augusactly ascertained in this place, nor whether the  tus is related to have suffered from an over-violent
water it contained was hot or cold.              use of the strigil. (Suet. Aug. 30.)  Invalids and
It would not be proper to dismiss this account persons of a delicate habit made use of sponges,
of the Laconicsus without alluding to an opinion  which Pliny says answered for towels as well as
adopted by some writers, amongst whom are Gali- strigils.  They were finally dried with towels
sino and Cameron, that the Laconicum was merely  (lintea), and anointed.  (Jur. Sat. iii. 262; Apua small cupola, with a metal shield over it, rising  leius, Met. ii.; Plin. I<. N. xxxi. 11. s. 47.)
above the flooring (suspensura) of the chamber, in    The common people were supplied with these
the manner represented by the drawing from the  necessaries in the baths, but the more wealthy carThermae of Titus, which drawing has, doubtless, ried their own with them  (Pers. kSat. v. 126).
given rise to the opinion.  But it will be observed  Lucian (Lexiph. vol. ii. p. 320. ed. Reiz.) adds also
that the design in question is little more than a  soap and towels to the list.
section, and that the artist may have resorted to    After the operation of scraping and rubbing dry,
the expedient in order to show the apparatus be- they retired into, or remained in, the tepidartizss
longing to one end of the chamber, as is frequently  until they thought it prudent to encounter the
done in similar plans, where any part which re- open air. But it does not appear to have been
quired to be represented upon a larger scale is in- customary to bathe in the water, when there was
serted in frull development within the general sec- any, which was not the case at Pompeii, nor in the
tion; for in none of the numerous baths which  baths of Hippias (Lucian, 1. c.), either of the tepyihave been discovered in Italy or elsewhere, even  darium orfrigidcriumon; the temperature only of the
where the pavements were in a perfect state, has atmosphere in these two chambers being of conseany such contrivance been observed. Besides which  quence to break the sudden change from the exit is manifest that the clipeus could not be raised  treme of hot to cold.
or lowered in the design alluded to, seeing that the    Returning now back into the frigidarium (8),
chains for that purpose could not be reached in the  which, according to the directions of Vitruvius (v.
situation represented, or, if attained, could not be  11), has a passage (14) communicating with the
handled, as they must be red-hot from the heat of mouth of the furnace (e), which is also seen in the
the hypocaust into which they were inserted.  In  next woodcut under the boilers, called praefu2rniui n,
addition to which, the remains discovered tally ex- propnigeuez (Plin.Ep. ii. 17),7rpo7rv-7y0ov (from ~rpo,
actly with the directions of Vitruvius, which this before, and irvyEbs, a furnace), and passing down
does not.                                       that passage, we reach the chamber (15) into which
After having gone through the regular course of the praefurnium projects, and which has also an
perspiration, the Romans made use of instruments  entrance from the street at B.  It was appropriated to the use of those who had charge of the
fires (fosnacatores).  There are two staircases in
it; one of which leads to the roof of the baths,
and the other to the coppers which contained
the water.  Of these there were three: one of
which contained the hot water-caldarissum (sc.
vas, or ahenum); the second the tepid-tepidariuens; and the last the cold i-frigcidacrihe.  The
warm water was introduced into the warm bath by
means of a conduit pipe, marked on the plan,
and conducted through the wall.  Underneath the
"caldariun  was placed the furnace (fiurnus, Hor. Ep.
i. 11. 12), which served to heat the water, and
give out streams of warm  air into the hollow cells
of the hypocaustzum  (from  svrb and tcain).  It
called strigiles (or striqles, Juv. Sat. iii. 263), to
scrape off the perspiration, much in the same way    * It was also called anzpulla, MjtcuOos, IUvpoas w'e are accustomed to scrape the sweat off a. Osclov, iaxorpopov.  (Ruperti, Ad Jszv. Sat. ii.
horse with a piece of iron hoop, after he has run a  262.)  [AMPULLA.]




BALNEAE.                                         BALNEAE.                  193
passed from the furnace under the first and last these the Abbate Iorio (Plan de I'ompeii) ingeniof the caldrons by two flues, which are marked  ously suggests that they were an old set of baths,
upon the plan.  These coppers were constructed  to which the larger ones were subsequently added
in the same manner as is represented ill the en- when they became too small for the increasing
graving from the Thermae of Titus; the one con- wealth and population of the city.  But the story,
taining hot water being placed immediately over already quoted, of the consul's wife who turned the
the furnace; and, as the water was drawn out men out of their baths at Teanum  for her confrom  thence, it was supplied from the next, the  venience, seems sufficiently to negative such a suptepidarium, which was already considerably heated  position; and to prove that the inhabitants of
from its contiguity to the fuirnace and the hypo- ancient Italy, if not more selfish, were certainly
caust below it, so that it supplied the deficiency of less gallant than their successors.  In addition to
the former without materially diminishing its tem- this, Vitruvius expressly enjoins that the baths of
perature; and the vacuum in this last was again  the men and women, though separate, should b2
filled up from the farthest removed, which contained  contiguous to each other, in order that they might
the cold water received directly from the square  be supplied from the same boilers and hypocaust
reservoir seen behind them; a principle which  (v. 10); directions which are here fulfilled to the
has at length been introduced into the modern  letter, as a glance at the plan will demonstrate.
bathing establishments, where its efficacy, both in    It does not come within the scope of this article
saving time and expense, is fully acknowledged. to investigate the source from whence, or the manThe boilers themselves no longer remain, but the  ner in which, the water was supplied to the baths
impressions which they have left in the mortar in  of Pompeii.  But it may be remarked that the
which they were embedded are clearly visible, and  suggestion of Mazois, who wrote just after the exenable us to ascertain their respective positions and  cavation was commenced, and which has been
dimensions, the first of which, the caldmaium, is copied from him by the editor of the volumes on
represented in the annexed cut.                  Pompeii published by the Society for the Diffusion of Useful Knowledge, was not confirmed by
firIj-    2.the excavation; and those who are interested in the'2-.- matter may consult the fourth appendix to the
Plan de Pomrpeii, by the Abbate lorio.
Notwithstanding the ample account which has
1 Ad    ll Fi!           @ qi&2 t. been given of the plans and usages respecting baths
in general, something yet remains to be said about
that particular class denominated Thermae; of
which establishments the baths in fact constituted
~ ~~  i{'l.,:T J 1~  >the smallest part. The therinae, properly speaking,
were a Roman adaptation of the Greek gymnasium
1       0 I  X    a' ~ 4.[GYMNASIUM], or palaestra, as described by Vitru-- X./!And i> _vius (v. 11); both of which contained a system of
baths in conjunction- with conveniences for athletic
games and youthful sports, exedrae in which the
rhetoricians declaimed, poets recited, and philosophers lectured -as well as porticoes and vestibules
Behind the coppers there is another corridor (16), for the idle, and libraries for the learned.  They
leading into the court or atrium (17) appropriated  were decorated with the finest objects of art, both
to the servants of the bath, and which has also the  in painting and sculpture, covered with precious
convenience of an immediate communication with  marbles, and adorned with fountains and shaded
the street by the door at C.                     walks and plantations, like the groves of the AcaWe now proceed to the adjoining set of baths, demy. It may be suaid that they began and ended
which were assigned to the women.  The entrance  with the Empire, for it was not until the time of
is by the door A, which conducts into a small Augustus that these magnificent structures were
vestibule (18), and thence into the apodyterium' commenced.  M. Agrippa is the first who afforded.
(19), which, like the one in the men's bath, has a  these luxuries to his countrymen, by bequeathing
seat (pulvinus etggradus) on either side built up  to them the thermae and gardens which he had
against the wall.  This opens upon a cold bath  erected in the Campus Martius. (Dion Cass. liv.
(20), answering to the natatio of the other set, but vol. i. p. 759; Plin. H. N. xxxvi. 25. s. 64.)  The
of much smaller dimension, and probably similar to  Pantheon, now existing at Rome, served originally
the one' denominated by Pliny (1. c.) puteus. There  as a vestibule to these baths; and, as it was conare four steps on the inside to descend into it. sidered too magnificent for' the purpose, it is supOpposite to the door of entrance into the apodyte- posed that Agrippa added the portico and conseriucm is another doorway which leads to the tepi- crated it as a temple.  It appears from a passage
dariumn (21), which also communicates with the  in Sidonius Apollinaris (Carsm. xxiii. 495), that
thermal chamber (22), on one side of which is a  the whole of these buildings, together with the
warm bath in a square recess, and at the further adjacent Thermae Neronianae, remained entire in
extremity the Laconicum with its laIrum.  The  the year A. D. 466.  Little is now left beyond a
floor of this chamber is suspended, and its walls few fragments of ruins, and the Pantheon.  The
perforated for flues, like the corresponding one in  example set by Agrippa was followed by Nero,
the men's baths.                                 and afterwards by Titus; the ruins of whose
The comparative smallness and inferiority of the  thernmae are still visible, covering a vast extent,
fittings-up in this suite of baths has induced some partly under ground and partly above the Esquiline
Italian antiquaries to throw a doubt upon the fact Hill. Thermae were also erected by Trajan, Caof their being assigned to the women;'and amongst racalla, and Diocletian, of the two last of which
0o




194              BALNEAE.                                         BALNEAE.
ample remains still exist; and even as late as Con- is to these establishments especially that the dissostantine, besides several which were constructed  lute conduct of the emperors, and other luxurious
by private individuals, P. Victor enumerates six-  indulgences of the people in general, detailed in
teen, and Panvinus (Urb. Roem. Descript. p. 106)  the compositions of the satirists and later writers,
has added four more.                             must be considered to refer.
Previously to the erection of these establishments    Although considerable remains of the Roman
for the use of the population, it was customary for thermae are still visible, yet, from the very ruinthose who sought the favour of the people to give  ous state in which they are found, we are far from
them a day's bathing free of expense.  Thus, ac- being able to arrive at the same accurate knowcording to Dion Cassius (xxxvii. p. 143), Faus- ledge of their component parts, and the usages to
tus, the son of Sulla, furnished warm  baths and  which they were applied, as has been done with
oil gratis to the people for one day; and Augustus  respect to the balneae; or indeed to discover a
on one occasion furnished warm  baths and barbers  satisfactory mode of reconciling their constructive
to the people for the same period free of expense  details with the description which Vitruvius has
(Id. liv. p. 755), and at another time for a whole  left of the baths appertaining to a Greek palaestra,
year to the women as well as the men.  (Id. xlix. or to the description given by Lucian of the baths
p. 600.) Hence it is fair to infer that the quadrans  of Hippias.  All, indeed, is doubt and guess-work;
paid for admission into the balneae was not exacted  the learned men who have pretended to give an
at the tlSermrae, which, as being the works of the  account of their contents differing in almost all the
emperors, would naturally be opened with imperial essential particulars fromn one another.  And yet
generosity to all, and without any charge, other- the great similarity in the ground-plan of the three
wise the whole city would have thronged to the  which still remain cannot fail to convince even a
establishment bequeathed to them  by Agrippa; superficial observer that they were all constructed
and in confirmation of this opinion it may be re- upon a similar plan.  Not, however, to dismiss
marked that the old establishments, which were  the subject without enabling our readers to form
probably erected by private enterprise (comp. Plin. something like a general idea of these enormous
H. N. ix. 54. s. 79), were termed nzeritoriae. (Plin. edifices, which, for their extent and magnificence,
Ep. ii. 17.)  Most, if not all, of the other regula-  have been likened to provinces-(in snoduas provintions previously detailed as relating to the economy  ciarumr exstsuctae, Amm. Marc. xvi. 6)-a groundof the baths, apply equally to the thermae; but it plan is annexed of the Thermae of Caracalla, which.e....' P
o   0   0   a   m   a    0                 o 0   o 
0        9                       0 Ai                                 j0
o  11 0. 0 0 0 0 0 0 0   Oa  0 0 0  CC, 0  a-  0    0    a    n  O'cl
|    E  ~E~~.:$P I,, r
I    ~  }     osru *             ~~~~m   ~~~~~S{'~       




BALNEAE.                                           BALNAE.                     195
ace the best preserved amongst those remaining, its appurtenances seem  to be adapted, and which
and which were perhaps more splendid than all are also contiguous to the reservoirs, Z, Z. (Vitruv.
the rest.  Those apartments, of which the use  v. 11.)
is ascertained with the appearance of probability,    e, E, probably comprised the ep7ebia, or places
are alone marked and explained.  The dark parts  where the youth were taught their exercises, with
represent the remains still visible, the open lines  the appurtenances belonging to them, such as the
are restorations.                                  sphaeristeriumn and corycaezum.  The first of these
A, Portico fronting the street made by Caracalla  takes its name from the game at ball, so much in
when he constructed his thermae. -  B, Separate  favour with the Romans, at which Martial's friend
bathing-rooms, either for the use of the common  was playing when the bell sounded to announce
people, or perhaps for any persons who did not that the water was ready. (Mart. xiv. 163.) The
wish to bathe in public. -  C, Apodyteria attached  latter is derived from  K&pKOs, a sack (Hesych.
to them. —D, D, and E, E, the porticoes. (Vitruv. s. v.), which was filled with bran and olive husks
v. 1 1.)-F, F, Exedrae, in which there were seats  for the young, and sand for the more robust, and
for the philosophers to hold their conversations. then suspended at a certain height, and swung
(Vitruv. 1. c.; Cic. De Orat. ii. 5.)-G, Hypae-  backwards and forwards by the players.  (Aulis,
thrae, passages open to the air -  fypaethrae am-   De Gym.n. Const. p. 9; Antill. ap. Oribas. Coll.
bmlationes quas Graeci 7replapoluras, nostri xystos  Med. 6.)
appellant.  (Vitruv. 1. c.) - H, H, Stadia in the    The chambers also on the other side, which are
palaestra - quadrata save oblonga.  (Vitruv. 1. a.)  not marked, probably served for the exercises of
-  I, I, Possibly schools or academies where public  the palaestra in bad weather.  (Vitruv. v. 11.)
lectures were delivered.- J, J, and K, K, Rooms    These baths contained an upper story, of which
appropriated to the servants of the baths (balnea- nothing remains beyond what is just sufficient to
tores).  In the latter are staircases for ascending  indicate the fact.  They have been mentioned and
to the principal reservoir. -  L, Space occupied by  eulogized by several of the Latin authors.  (Sparwalks and shrubberies-  ambulationes inter pla- tian. Caracall. c. 9; Lamprid. Helioyab. c. 17,
tanones. (Vitruv. 1. c.) —M, The arena or stadium   Alex. Sever. c. 25; Eutropius, viii. 11; Olymp.
in which the youth performed their exercises, with  apud Phiot. p. 114, ed. Aug. Vindel. 1601.)
seats for the spectators (Vitruv. 1. c.), called the    It will be observed that there is no part of the
theatridiumn. — N, N, Reservoirs, with upper stories, bathing department separated from the rest, which
sectional elevations of which are given in the two  could be assigned for the use of the women exsubsequent woodcuts.-  0, Aqueduct which sup-  clusively.  From  this it must be inferred either
plied the baths. -  P, The cistern or piscina. This  that both sexes always bathed together promisciuexternal range of buildings occupies one mile in  ously in the thermae, or that the women were
circuit.                                           excluded altogether from these establishments, and
We now come to the arrangement of the interior, only admitted to the baineae.
for which it is very difficult to assign satisfactory    It remains to explain the manner in which the
destinations. -Q, represents the principal entrances, immense body of water required for the supply of
of which there were eight. —R, the nctatio, piscina, a set of baths in the thermanse was heated, which
or cold-water bath, to which the direct entrance  has been performed very satisfactorily by Piranesi
from the portico is by a vestibule on either side  and Cameron, as may be seen by a reference to the
marked S, and which is surrounded by a set of two subjoined sections of the castellum aquaeductus
chambers which served most probably as rooms for and piscina belonging to the Thermae of Caracalla.
undressing (apodyteria), anointing (unctuaria), and
stations for the capsarii.  Those nearest to the                                  B
peristyle were perhaps the conisteria, where the
powder was kept which the wrestlers used in order
to obtain a firmer grasp upon their adversaries: — 
"I' lle cavis hausto spargit me pulvere palmis,                                          A
Inque vicee fulvae tacti flavescit arenae."
(Ovid, 2Met. ix. 35.)
(See also Salmas. Ad Testall. Pall. p. 217, and
Mercurialis, De Art. Gyne. i. 8.)  The inferior
quality of the ornaments which these apartments                         r.
have had, and the staircases in two of them, afford
evidence that they  were occupied  by menials,
T, is considered to be the tepidargizum, with four
warm baths (u, u, u, u) taken out of its four angles,
and two labra on its two flanks,  There are steps
for descending into the baths, in one of which
traces of the conduit aie still manifest. Thus it
would appear that the centre part of this apartment
served as a tepidarium, having a balnzeunm or calda
lavatio in four of its corners.  The centre part, like._p          s
that also of the preceding apartment, is supported       -                                 _
by eight immense columns.
The apartments beyond this, which are too much    A, Arches of the aquaeduct which conveyed
dilapidated to be restored with any degree of cer- the water into the piscina BJ from  whence it
tainty, contained of course the laconicum  and  flowed into the upper range of cells through the
sudatories, for which the round chamber W, and  aperture at C, and thence again descended into
o 2




196              BALTEUS.                                           BARBA. 
the lower ones by the aperture at D, w-hich were  for the fact, that this part of the alcient arnoul
placed immediately over the hypocaust E; the  is ne-ver esrhibited in paintings or sculptures.  A
praefurnion of which is seen in the transverse  third -use (of the balteus was to suspend the quiver,
section, at F in the lower,cut.  There were  and sometimes together with it the bow. (Nemes.
thirty-two of these cells arranged in two rows  Cyneg. 91.) The belt was usually made of leather,
over the hypocaust, sixteen on each side, and all but was ornamented with gold, silver, and precious
communicating with each other; and over these a  stones, and on it subjects of ancient art were fresimilar number similarly arranged, which com- quently embroidered or embossed.  (Herod. i.
municated with those below by the aperture at D. 171; Xp6teos erXaeuc~L, Od. xi. 610; cpaerds,
The parting walls between these cells were like-  11. xii. 401; Virg. Aen. v. 312.)  The belts of:wise perforated with flues, which served to dis- the Roman  emperors were  also magnificently.seminate the heat all around the whole body of adorned, and we learn from inscriptions that there
water.  When the water was sufficiently warm, it was a distinct officer - the baltearias - who had
was turned on to the baths through pipes conducted  the charge of them in the imperial palace.  (Trelikewise through flues in order to prevent the,loss* bell. Poll. (allien. 16.)
of temperature during the passage, and the vacuum.  BAILTEUS, in  architecture.  Vitruvius apwas supplied by tepid water from the range above, plies the term " baltei " to the bands surrounding
which was replenished from the piscina; exactly  the volute on each side of an Ionic capital.  (De
upon the principle represented in the drawing from  Arch. iii. 5. ed. Schneider; Genelli, Briefe iibe'
the Thermae of Titus, ingeniously applied upon a  Vitruv. ii. p. 35.) [COLUMNA.]  Other writers
much larger scale.  (The most important modern  apply it to the praecinctiones of an amphitheatre.
works on the Roman baths are the following:  (Calpurn. Ecl. vii. 47; Tertullian, De Speclac. 3;
Winckelnmann, numerous passages in his works.; AmPHITHEATRUM).   In the  amphitheatre at
the descriptions of the Roman baths by Cameron, Verona the bhaltei are found by measurement to be
Lond. 1772, and Palladio and Scamozzi, Vicenza, 2} feet high, the steps which they enclose being
1785; Stieglitz, Arclhiaoloyie der Baukunst, vol. ii.. one foot two inches high.      [J. Y.]
p. 267, &c.; ilirt, Lehie der GeTizude, p. 233, &c.;    BAPTISTE'RIUM.  [BALNEUMA.]
Weinbrenner,. EntwiisfI uend Erghinzyngen acntiker    BARATHRON (/3cpaOpov), also called ORUGGebiibde, Carlsruhe, 1822, part 1; the editors of MA  (bpviyjua), was a deep pit at Athens, with
Vitruvius, especially Schneider, vol. ii. pp. 375-  hooks on the sides, into which criminals were cast.
391; for the baths of Pompeii, Bechi, 2AJuss. Bor-  It was situate in the demus KespLdSat.  It is menhon. vol. ii. pp. 49 —52; Gell, Pompeian; Pom- tioned as early as the Persian wars, and continued
oeii in the Lib. Ent. Know.; and for the best to be employed as a mode of punishment in the?summary of the whole subject, Becker, Gallus, vol. time of the orators.  The executioner was called
ii. p. 11, &c.)                      [A. R.]          eMrri A'd ipUT/arTL. (Schol. ad Aristoph. Plit. 431;
BA'LTEUS,  or  BA'LTEA  in  the  plural Harpocrat. s. vv.; Herod. vii. 133; Xen. Hell. i. 7.
('resXaxIoy), a belt, a shoulder-belt, a baldric, ~ 21; Lycurg. c. Leocrat. p. 221; Deinarch. c.
was used to suspend the sword; and, as the  Dem. p. 49; Wachsmuth, 1Hellen. Altertllumesk. vol.
sword commonly hung beside the left hip, its belt ii. p. 204, 2nd edit.) It corresponded to the Spartan
was supported by the right shoulder, and passed  Ceadas.  [CEADXS.]
obliquely over the breast, as is seen in the beauti-    BARBA  (T7rcycxv,'yelovt,, 7rrit-V, Aristoph.
ful cameo here introduced from  the Florentine  Lysist. 1072), the beard.  The fashions which
Museum.  In the Homeric times the Greeks also  have prevailed at different times, and in different
countries, with respect to the beard, have been very
various.  The most refined modern nations regard
the beard as an encumbrance, without beauty or
meaning; but the ancients generally cultivated its
growth and form with special attention; and that
the Greeks were not behind-hand in this, any
more than in other arts, is sufficiently shown by
the statues of their philosophers.  The phrase
7rroy'ovorpocpet, which is applied to letting the
I              beard grow, implies a positive culture.  Generally
speaking, a thick beard, 7rci-yco f3al6s, or 3aaor,
was considered as a mark of manliness.  The
Greek philosophers were distinguished by their
AAhxm Cfl   A O  g i~i, L. S~long beards as a sort of badge, and hence the termi
rxOD-E:: -which Petrsius (Sat. iv. 1) applies to Socrates
magister Baiebatc s.  The Homeric heroes were
bearded men.  So Agamemnon, Ajax, Menelaus,
Ulysses (II. xxii. 74, xxiv. 516, Od. xvi. 176).
~            )          According to Chrysippus, cited  by  Athenaeus
(xiii. p. 565), the Greeks wotre the beard till the
time of Alexander the Great, and he adds that the
first man who was shaven was called ever after
used a belt to support the shield; and this second  /codpar-v, " shaven " (from Ice/pso).  Plutarch (TIles.
belt lay over the other, and was larger and broader c. 5) says that the reason for the shaving was that
than it (n. xiv. 404 —406); but as this shield-  they might not be pulled by the beard in battle.
belt was found inconvenient, it was superseded by  The custom of shaving the beard continued among
the invention of the Carian Oxavov [CarePFus.]  the Greeks till the time of Justirian, and during
The very early disuse of the shield-belt accounts that period even the statues of tie philosophers




BARBA.                                             BAIRBA.                   197
were without the beard.  The philosophers, how-  sentative.. Men, had not often the necessary im —
ever, generally continued the old badge of their plements for the various operations of the toilet;
profession, and their ostentation in son doing gave  combs,. mirrors, perfumes, and tools for clipping,
rise to the saying that a long beard does not make  cuttings, shaving, &e.  Accordingly the whole proa philosopher (7rcaywvopoppia optXi'oopov ob 7roLE?), cess had to be performed at the barber's, and hence
and a man, whose wisdom  stopped with his beard, the great concourse of people who daily gossipped
was called e'c 7r6Yavos uo(pds. (Compare Gell; ix. at the, tonstsrina, or barber's shop.  Besides the
2; Quint. xi. 1).  The Romans in early times  duties of a barber and hairdresser, strictly se
wore the beard uncut, as we learn from the insult called, the ancient tonsor discharged other offices.
offered by the Gaul to M. Papirius (Liv. v. 41),  He-was also a nail-parer.  He was, in fact, much
and from  Cicero (Pro Cael. 14); and according  what the English barber was when he extracted
to Varro (De Re Rust. ii. 11) and Pliny (vii. 59),. teeth, as well as cut and dressed hair.  People
the Roman beards were not shaven till B. c. 300,. who kept the necessary instruments for all the
when P. Ticinius Maenas brought over a barber  different operations, generally had also slaves exfrom Sicily; and Pliny adds, that the first Roman  pressly for the purpose of performing them.  The
who was shaved (rasus) every day was Scipio  business of the barber was threefold.  First there
Africanus.  HiLs custom, however, was- soon fol- was the cutting of hair: hence the barber's queslowed, and shaving became a regular thing. The  tionn, WrS aoE KeIpe  (Plut. De Garrul. 13).  For
lower orders, then as now, were not always able to  this purpose he used various knives of different
dp the same,, and hence the jeers of Martial (vii.'sizes and shapes, and degrees of sharpness: hence
95, xii. 59).  In the later tinmes of the republic  Lucian (Adv. Indoct. c. 29), in enumerating the
there were- many who shaved the beard only par-  apparatus of a barber's shop, mentions srX~0os
tially, and trimmed it, so as to give it an orna- j:/Xeatpzioov (ucixalpa, tuaxaiplss, icovpis are used
mental form.; to!them the terms bene arbarti (Cic. alsoj. in. Latin culter);  but scissorss, aAls, atrx-q
CCatil. ii. 10) and barbatuli (Cic. ad Att. i. 14, 16, tlidyXats a (Pollux,. ii. 32; in Latin. jobsfe, acxiia)
Pro Cael. 14) are applied.  Whenin mourning all  were used too. (Compare Aristoph. A/oarn. 848 
the higher as well as the lower orders let their  Lucian, Pis. o. 46.)  MeXaoLa was the usual word.
beards greow.-                                     Irregularity and unevenness of the hair was conIn the general way in Rome at this time, a  sidered a great blemish, as appears generally, andlong beard (barba promnissa, Liv. xxvii. 34) was  from Horace (Sat. i. 3. 31, and Epist. i. 1, 94), and
considered a mark of slovenliness and squalor-. accordingly after the hair-cutting the uneven hairs
The censors, L. Veturius and P. Licinius, com- were pulled out by tweezers, an operation- to which
pelled M. Liviuns, who had been banished, on his  Pollux (ii. 34) applies the term, 1rapaXeyceaOat.
restoration: to the city, to, be shaved, and to lay  So the hangers-on on great men, who wished to
aside his- dirty appearance (tonderi et squalorera  look young, were accustomed to pull, out the grey
deponere), and then,. but not till then, to come into  hairs for them.  (A-rist. Eq. 908.)  This was conthe senate, &c. (Liv. xxvii. 34.)  The first time of sidered, however  a mark of effeminacy.  (Gell.
shaving was regarded as the beginning of manhood, vii. 12; Cic. Pro Rose. Com. 7.)  The person who
and the- day on. which this took place was cele-  was to be operated on by the barber had a rough
brated as a festival.  (Juv. Sat, iii. 186.)  There  cloth (  olxdwevov, involzecre in Plautus, Capt. ii. 2.
was no particular time fixed- for this to be done.  17) laid onl his shoulders, as now, to keep the
Usually,. however, it was done when the young  hairs off his dress, &c.  The- second part of the
Roman assumed, the toga virilis (Suet. C'alig. 10). business was shaving  (s-ade-re, rasitarqe.  uvpEZV).
Augustus did it in his 24th year; Caligula in his  This was done with a  uvpdv, a novacula (Lamprid.
20th.  The- hair cut off on such occasions was con- Ileliog. c. 31), a razor (as we, retaining the Latin
secrated to, some god.  Thus Nero put his up in a  root, call it), which he kept in a case, /ASIKSc,
gold box, set withpearls. and dedicated it to Jupi-  ~opoO(icn, 5vpoaoK'Ss,.` a razor-case" (Aristoph.
ter Capitolinus. (Suet. Ner. 12.)                 TVlesmn. 220; Pollux,. ii. 32; Petron. 94).  Some
With the emperor Hadrian the beard began to  who would not submit to the operation of the razor
revive (Dion Cass. lxviii. 15).  Plutarch says that used instead some powerful depilatory ointments,
the emperor wore- it to hide some scars. on his face. or plasters, as pstlotilron.  (Plin. xxxii. 10. 47;
The practice afterwards became common, and till acida Creta, Martial, vi. 93. 9; Venetume lutum,
the time of Constantine the Great, the emperors  iii, 74; dropax, iii. 74; x. 65.) Stray hairs which
appear in busts and coins with beards.  The Ro-  escaped the razor were pulled out with small
mans let their beards grow in time of mourning; pincers or tweezers (volsellae,'rptXoXAgdov).  The
so Augustus did (Suet. Ausg. 23) for the death of third part of the barber's work was to pare the
Julius Caesar, and the time-when he had it shaved  nails of the hands, an operation which the Greeks
off he made a season- of festivity.  (Dion Cass. expressed by the words uvvXfeiv and &7rovuxLfevxlviii. 34; comp. Cic.. in  Verr. ii. 12.)   The  (Aristoph. Eq. 706; and  Sclol..  Theophrast.
Greeks, on the other hand, on such occasions  Gliaract. c.. 26; Pollux, ii. 146).  The  instrushaved the beard close.. Tacitus (Germ. c. 3) says  ments used for this purpose were called ovuxlo-rs'La,
that the Catti let their -hair and beard grow, and  so. MtaXalpla.  (Pollux, x. 140.)  This practite of
would not have them  cut till they had slain an  employing a man expressly to pare the nails exenemy    (Compare  Becker, GCkazikles, vol.. ii. plains Plautus's humorous description of the mierly
p. 387, &c.)                                       Euclio (Aulul. ii. 4. 34): 
BARBERns.  The Greek name for a barber was    "Qiin ipsi quidem  tonsor ungues denpset,
roupE's, and the Latin tonsor.. The term  eira-,osop~sse,.and the Laztin toossr;  The  term  ens-  Collegit, omnia abstulit praesegmina,.'
ployed in modern European languages is derived
from the low Latin barbatorizs, which is found in  Even to the miser- it did not occur to pare his nails
Petronins.  The barber of the ancients was a far  himself, and: save the money he would have to pay;
more important personage  than his ulodern repre-  hut only- to collect the parings in hope of mekling
03




1 98            ]BASILICA.                                         BASILICA.
something by them.  So Martial, in rallying a fop,'(Liv. xxvi. 27.)  It was situated in the forum adwho had tried to dispense with the barber's ser- joining the curia, and was denominated basilica
vices, by using different kinds of plasters, &c., Porcia, in commemoration  of its founder, M.
asks him  (Epig. iii. 74), Quid fJcient ulsi/zes? Porcius Cato. Besides this, there were twenty
What will your nails do?  How will you get your others, erected at different periods, within the city
tails pared?  So Tibullus says (i. 8. 11), quid  of Rome (Pitisc. Lex. Ant. s. v. Basilica), of which
(prodest) unaoes acstficis docta subsecuisse nancu; the following are the most frequently alluded to by
from which it appears that the person addressed  the ancient authors: -  1. Basilica Semopronia, conwas in the habit of employing one of the more  structed by Titus Sempronius, B. C. 171 (Liv. xliv.
fashionable tonsors.  The instruments used are  16); anrd supposed, by Donati and Nardini, to have
referred to by Martial.  (Epig. xiv. 36, Instru-  been between the vicus Tuscus and the Velabrum.
snenta tonsoria.)                    [A. A.]    2. Basilica Opimia, which was above the comitium.
BA'RBITOS, or BA'RBITON.  [LYRA.]    3. Basilica Pauli Aemzilii, or Basilica Aemnilia,
BASANOS (3do-avos).  [TORMENTUM,]             called also Reiau Pauli by Statius (I. c.). Cicero
BASCA'NIA (3aoTcavita). [FAsCINeM.]           (Ad Alt. iv. 16) mentions two basilicae of this
BASCAUDA, a British basket.  This term, name, of which one was built, and the other only
which remains with very little variation in the  restored, by Paulus Aemilius.  Both these edifices
Welsh " basgawd," and the English "basket,"  were in the forum, and one was celebrated for its
was conveyed to Rome together with the articles  open peristyle of Phrygian columns.  A  repredenoted by it.  We find it used by Juvenal (xii. sentation of this one is given below from a coin of
46) and by Martial (xiv. 99) in connections which  the Aemilia gens. (Plin. H. N. xxxvi. 24; Appian,
imply that these articles were held in much esteem  B. C. ii. 26; Plut. Caes. 29.)  The position of
by the luxurious Romans.              [J. Y.]   these two basilicae has given rise to much conBASILEIA  (,3ao-iela), a festival celebrated  troversy, a brief account of which is given in the
at Lebadeia, in Boeotia, in honour of Trophonius, Diet. of Biog. Vol. II. p. 766.  4. Basilica PoeLwho had the surname of BaaLXeVs.  This festival peii, called also regia (Suet. Aug. 31), near the
was also called Trophonia —Tpoqpc; a (Pollux, i. theatre of Pompey.  5. Basilica Julia, erected by
37); and was first observed under the latter name  Julius Caesar, in the forum, and opposite to the
as a general festival of the Boeotians after the battle basilica Aemilia. (Suet. Calig. 37.) C;. Basilica
of Leuctra. (Diod. xv. 53.)                      Caii et Lucii, the grandsons of Augustus, by whom
BA'SILEUS ([3aIXems). [REX.]                 it was founded.  (Suet. Aug. 29.) 7. Basilica
BASI'LICA (sc. aedes, aula, porticus -, 3aam-  Ulpia, or Trajani, in the forum  of Trajan.  8.
Xc{i, also regia, Stat. Silv. i. 1. 30; Suet. Aug. Basilica Constantini, erected by the emperor Con31), a building which served as a court of law and  stantine, supposed to be the ruin now remaining
an exchange, or place of meeting for merchants and  on the via sacra, near the temple of Rome and
men of business.  The two uses are so mixed up  Venus, and commonly called the temple of Peace.
together that it is not always easy to say which  Of all these magnificent edifices nothing now rewas the principal.  Thus the basilica at Fanum, mains beyond the ground-plan, and the bases and
of which Vitruvius himself was the architect, was some portion of the columns and superstructure
entirely devoted to business, and the courts were  of the two last.  The basilica at Pompeii is in
held in a small building attached to it,-the  better preservation; the, external walls, ranges of
temple of Augustus.  The term  is derived, ac- columns, and tribunal of the judges, being still
cording to Philander (Commzent. in Vit7cuv.), from  tolerably perfect on the ground-floor.!,SaA.Ess, a king, in reference to early times, when    The forum, or, where there was more than one,
the chief magistrate administered the laws he made; the one which was in the most frequented and
but it is more immediately adopted from the Greeks central part of the city, was always selected for the
of Athens, whose second archon was styled iapxcov  site of a basilica; and hence it is that the classic,SaoLXevsf, and the tribunal where he adjudicated  writers not unfrequently use the termsfbrum and
a-roa 13aeXE1os (Paus. i. 3. ~ ]; Demosth. c. Aristo- basilica synonymously, as in the passage of Clau-.qeit. p. 776), the substantive aula, orporticus in Latin  dian (De IHonor. Cons. vi. 645):-Desuetaque
beimg omitted for convenience.  The Greek writers  eirgit Regius auratis Jbra fascibus  Ulpia lictor,
who speak of the Roman basilicae, call them some- where the forum is not meant, but the basilica
times cre'oal SaX;acrKat, and sometimes merely  which was in it, and which was surrounded by the
reroal.                                         lictors who stood in the forum. (Pitisc. Lex. Ant.
The name alone would make it highly probable  1. c.; Nard. Rom. Ant. v. 9.)
that the Romans were indebted to the Greeks for    Vitruvius (v. 1) directs that the most sheltered
the idea of the building, which was probably bor- part of the forum should be selected for the site of
rowed from the  -rob& 8a'Liem0os at Athens.  In  a basilica, in order that the public might suffer as
its original form it may be described as an insulated  little as possible from  exposure to bad weather,
portico, detached from the agora or fbrZsum, for the  whilst going to, or returning from, their'place of
more convenient transaction of business, which  business; he  lsight also have added, for their
formerly took place in the porticoes of the agora  greater convenience whilst engaged within, since
itself; in fact, a sort of agora inm miniature.;  The  many of these edifices, and all of the more ancient
court of the Hellanodicae, in the old agora of Elis, ones, were entirely open to the external air, being
was exactly of the form of a basilica. [AGORA].  surrounded and protected solely by an open periThe first edifice of this description was not style of columns, as the aniexed representation of
ere,*'  until B C. 184 (Liv. xxxix. 44); for it is the basilica Aemilia from a medal of Lepidus, with
ly stated by the historian, that there were  the inscription, clearly shows.
licae at the time of the fire, which de-    When, however, the Romans became wealthy
so many buildings in the forum, under the  and refined, and consequenItly more effeminate, a
of Marcellus and Laevinus, B. c. 210. wall was substituted for the external peristyle, and




BASILICA.                                        BASILICA.                  199
(Tacit. Ann. i. 75.)  The two side aisles, as has
been said, were separated from the centre one by a
en /                          / ]t ] 1'\ \row of columns, behind each of which was placed
Xr                             i          a square pier or pilaster (parasstaa, Vitruv. 1. c.),
*i i:                                     which supported the flooring of an upper portico,,wr>*  P ~~similar to the gallery of a modern church.  The
la0   c A     X upper gallery was in like manner decorated with
the columns were confined to the interior; or, if                 o  o  o  o a
used externally, it was only in  decorating the            o   o a        Q D      
7rpnJaos, or vestibule of entrance.  This was the
only change which took place in the form of these                
buildings, from the time of their first institution,           0 a  
until they were converted into Christian churches.         0   0                0    
The ground plan of all of them is rectangular, and         W         * l            *
their width not more than half, nor less than one-,.   l
third of the length (Vitruv. 1. c.); but if the area,, 
on which the edifice was to be raised was not proportionally long, small chambers (chalcidica) were                              0  *
cut off  from one of the ends (Vitruv. I. c.),'' 
which served as offices for the judges or mer-.   ~  ~  -I
chants.  This area was divided into three parts,,.      1 1
consisting of a central nave (media porticus), and                              ~,
two side aisles, each separated from the centre by
a single row of columns- a mode of construction            ~  
particularly adapted to buildings intended for the         *
reception of a large concourse of people.  At one          o   o                o  n    1 
end of the centre aisle was the tribunal of the            o   a                   a p   o
judge, in form either rectangular or circular, and     I         
sometimes cut off from  the length of the grand            0     
nave (as is seen in the annexed plan of the basilica       o   o  o  0  o           0
at Pompeii, which also affords an example of the                   o  A  o 
chambers of the judices, or chalcidica, above men>  ~,  columns of smaller dimensions than those below;
and these served to support the roof, and were
4I'       I ]   connected with one another by a parapet-wall or
1 l-f  * * f. *. *...  Thy    \ balustrade (pluteus, Vitruv. 1. c.), which served as
&     -      -     -_                       |.   ~ a defence against the danger of falling over, and
screened the crowd of loiterers above (subbasilicani,
tioned), or otherwise thrown out from the hinder Plant. Capt. iv. 2. 35) from the people of business
wall of the building, like the tribune of some of in the area below.  (Vitruv. 1. c.)  This gallery
the most ancient churches in Rome, and then called  reached entirely round the inside of the building,
the hemicycle —an instance of which is afforded  and was frequented by women as well as men, the
in the basilica Trajani, of which the plan is given  women on one side and the men on the other, who
below.  It will be observed that this was a most went to hear and see what was going on. (Plin.
sumptuous edifice, possessing a double tribune, and  1. c.)  The staircase which led to the upper portico
double row of columns on each side of the centre  was on the outside, as is seen in the plan of the
aisle, dividing the whole into five aisles.      basilica of Pompeii.  It is similarly situated in the
The internal tribune was probably the original basilica of Constantine.  The whole area of these
construction, when the basilica was simply used as magnificent structures was covered in with three
a court of justice; but when those spacious halls separate ceilings, of the kind called testudinatum,
were erected for the convenience of traders as well like a tortoise-shell; in technical language now,
as loungers, then the semicircular and external tri- denominated coved, an expression used to distinbune was adopted, in order that the noise and con- guish a ceiling which has the general appearance of
fusion in the basilica might not interrupt the  a vault, the central part of which is, however, flat,.
proceedings of the magistrates. (Vitruv. 1. c.) In  while the margins incline by a cylindrical shell
the centre of this tribune was placed the curule  from each of the four sides of the central square to
chair of the praetor, and seats for the judices, who  the side walls; in which form the ancients imasometimes amounted to the number of 180 (Plin. gined a resemblance to the shell of a tortoise.
Ep. vi. 33), and the advocates; and round the    From the description which has been given, it
sides of the hemicycle, called the wings (cornua), will be evident how much these edifices were
were seats for persons of distinction, and for the  adapted in their general form and construction to
parties engaged in the proceedings.  It was in the  the uses of a Christian church; to which purpose
wing of the tribune that Tiberius sat to overawe  many of them were, in fact, converted in the time
the judgment at the trial of Granius Marcellus. of Constanltine.  Hence the later writers of the
o 04




200              BASILICA.                                           BAXA.
empire apply the term  basilicae to all churches I not contain all that the Corpus Juris contains;  tlt
built after the model just'described; and such were  it contains numerous fragments of the opinions of
the earliest edifices dedicated to Christian worship, ancient jurists, and of imperial Constitutions, which
which, with their original designation, continue to  are not in the Corpus Juris.
this day, being still called at Rome Iasilicae.   A  The Basilica were published, with a Latin verChristian basilica consisted of four principal parts: sion, by Fabrot, Paris, 1647, seven vols. folio.
-1. rIpJvaos, the vestibule of entrance.  2. Naes, Fabrot published only thirty-six books complete,
navis, and sometimes greinium, the nave or centre  and six others incomplete: the other books were
aisle, which was divided from the two side ones by  made up from an extract from the Basilica and the
a row of columns on each of its sides.  Here the  Scholiasts. Four of the deficient books were afterpeople assembled for the purposes of worship.  3. wards found in MIS., and published by Gerhaird,Aigwc  (from a&vagatvewl, to ascend), chorsus (the  Meerman, with a translation by M. Otto Reitz, in
choir), and swg.estum; a part of the lower extremity  the fifth volume of his Thesaurus Juris Civilis et
of the nave raised above the general level of the  Canonici; and they were also published separately
floor by a flight of steps.  4.'IEparEi7oV, Lepbl in London, in 1765, folio, as a supplement to.~p~a, sanctuariumn, which answered to the tribune  Fabrot's edition.  A  new  critical edition, by
of the ancient basilica.  In the centre of this  C. Guil. E. Heimbach, Leipzig, 1833, &c., 4to.,
sanctuary was placed the high altar, under a taber-  has been commenced. (Bicking, Institutionsen, vol.
nacle or canopy, such as still remains in the basilica  i. p. 105.)
of St. John of Lateran, at Rome; at which the    BASTERNA, a kind of litter (lectica) in which
priest officiated with his face turned towards the  women were carried in the time of the Roman empeople.  Around this altar, and in the wings of the  perors.  It appears to have resembled the lectica
sanctuarium, were seats for the assistant clergy, [LECTICA] very closely; and the only difference
with an elevated chair for the bishop at the bottom  apparently was, that the lectica was carried by
of the circle in the centre.  (Theatr. Basil. Pisan. slaves, and the basterna by two mules.  Several
cura Josep. Marl. Canon. iii. p. 8   Ciamp.  Vet. etymdlogies of the word have been proposed.  SalMen. i. ii. et De Sac;r. Ed.; Stieglitz, Arclihol. d. masius supposes it to be derived from the Greek
Bsaukunsst, vol. iii. pp. 19, &c; Hirt. Lehs-e d. Ge- 6BaTrd.c   (Salm. ad Lamnprid. Heliog. 21). A debz/ude, pp. 180, &c; Bunsen, Die Basiliken des scription of a basterna is given by a poet in the
C]'ristlichen Roms, Munich, 1844.)    [A. R.]    Aunth. Lat. iii. 183.
BAS1'LICA. - About A.,. 876, the Greek    BAXA, or BAXEA, a sandal made of vegeemperor Basilius, the Macedonian, commenced  table leaves, twigs, or fibres.  According to Isidore
this work, which was completed by his son Leo, (Orig. xix. 33), this kind of sandal was worn on
the philosopher, who reigned from  A. D. 886 to  the stage by comic, whilst the cothurnus was ap911.  Before the reign of Basilius, there ihad been  propriate to tragic actors.  When, therefore, one of
several Greek translations of the Pandect, the  the characters in Plautus (2Pen. ii. 3. 40) says,
Code, and the Institutes; but there was no autho-  QuZ exterentur  bxae? we may suppose him  to
rised Greek version of them.  The numerous Con- point to the sandals on his feet.  Philosophers also
stitutions of Justinian's successors, and the contra- wore sandals of this description, at least in the
dictory interpretations of the jurists, were a further time of Tertullian (De Pallio, 4) and Appuleius
reason for publishing a revised Greek text under  (Met. ii. and xi.), and probably for the sake of simthe imperial authority.  This great work was plicity and cheapness.  Isidore adds, that baxeae
ralled'AvaicdOapo-Ls Tr&  7'raatuiv YOioUWY, Tob Er/- were made of willow (ex salice), and that they
_0KovrTigLXLoro, h leBao'rIcds (detuos) and r'a BatXcrK. were also called calones; and he thinks that the
It was revised by the order of Constantinus Por- latter term  was derived from  the Greek KaXov,
phyrogenneta, about A.D. 945. The Basilica com- wood.  From  numerous specimens of them  disprised the Institutes, Pandect, Code, the Novellae, covered in the catacombs, we perceive that the
and the imperial Constitutions subsequent to the  Egyptians made them of palm-leaves and papyrus.
time of Justinian, in sixty books, which are subdi-  (Wilkinson, Manners and Customs, vol. iii. p. 336.)
riided into titles.: For the Institutes the paraphrase  They are sometimes observable on the feet of
of Th. ophilus was used, for the Digest the rAdrosr  Egyptian statues.  According to Herodotus, sanof Stephanus, and the commentary of Cyrillus and  dals of papyrus (vro8uljaT-a 3bvArva, ii. 37) were
of an anonymous author, for the Code the sara  a part of the required and characteristic dress of
7idRas of Thalelaeus and the work of Theodorus, the Egyptian priests.  We may presume that he
and for the Novellae, except the 168, the Summae  intended his words to include not only sandals
of Theodorus, Athanasius, and Philoxenus.  The  made, strictly speaking, of papyrus, but those also
publication of this authorised body of law in the  in which the leaves of the date-palm were an inGreek language led to the gradual disuse of the  gredient, and of which Appuleius makes distinct
original compilations of Justinian in the East.  But mention, when he describes a young priest covered
the Roman law was thus more firmly established  with a linen sheet and wearing sandals of palm
in Eastern Europe and Western Asia, where it (linteis amiculis inztectum, pedesque pealmeis baxeis
has maintained itself among the Greek population  indutucm, Met. ii).  The accompanying woodcut
to the present day.                              shows two sandals exactly answering to this deThe arrangement of the matter in the Basilica  scription, from the collection in the British Museum.
is as follows: - All the matter relating to a given  The upper one was worn on the right foot.  It has
subject is selected from  the Corpus Juris; the  a loop on the right side for fastening the band
extracts from  the Pandect are placed first under which went across the instep.  This band, together
each title, then the constitutions of the Code, and  with the ligature connected with it, which was innext in order the provisions contained in the Insti- serted between the great and the second toe, is
tutes and the Novellae, which confirm or complete  made of the stein of the papyrus, undivided and
the provision of the Pandect.  The Basilica does  unwrought.  The lower figulre shows a sandal in:




BENDIDEIA.                                       DBENEFICIUM.                  201
which the portions of the palm-leaf are interlaced  racter, those celebrated in honour of Dionysus
with great neatness and regularity, the sewing and  (Strab. x. p. 470), though Plato (I. c. p. 354) menbinding being effected by fibres of papyrus.  The  tions only feasting; but the principall solemnities
three holes may be observed for the passage of the  seem to have consisted ill a procession held by the
band and ligature already mentioned.    [J. Y.]   Thracians settled in Peiraeeus, and another held
by the Peiraeans themselves, which, according to
Plato (De Re Publ. init.), were held with great
decorum and propriety, and a torch race on horseback in the evening.  The Athenians identified
Bendis with their own Artemis (Hesych. s. v.
BE'J&s), but the temple of Belldis (Bevaiireov) at
Peiraeeus was near that of Artemis, whence it is
clear that the two divinities must have been distinct.  (Xenoph. Hellen. ii. 4. ~ 11; comnp. Liv.
xxxviii. 41; Ruhnken, ad Tims. Gloss. p. 62; Clinton, F. H. vol. ii. p. 402, 3d edit.)  [L. S.]
BENEFICIUM  ABSTINENDI.  [HJEas.]
BENEFI/CIUM, BENEFICIAIRIUS.  The
4nk~x,,/>4  Yword beneficium is equivalent to feodum or fief, in
the writers on the feudal law, and is an interest
in land, or things inseparable from the land, or
BEBAIO'SEOS  DIKE' (,seralerEws  iKtrl),  things immovable.  (Feud. lib. 2. tit. 1.)  The
an action to compel the vendor to make a good  beneficiarius is he who has a beneficium.  The
title, was had recourse to when the right or pos-  word beneficium often occurs in French historical
session of the purchaser was impugned or disturbed  documents from the fifth to the ninth century, and
by a third person.  A  claimant under these cir-  denotes the same condition of landed property,
cumstances, unless the present owner were inclined  which at the end of the ninth century is denoted
to fight the battle himself (aVToiUaexei'), was re-  by feodumn.  From the end of the ninth century the
ferred to the vendor as the proper defendant in the  two words are often used indifferently.  (Guizot,
Cause (EtS rpav7,pa,'VdyeLv).  If the vendor were  Histoire de la Civilisation en France, vol. iii. p. 247.)
then unwilling to appear, the action in question  The term benefice is also applied to an ecclesiastical
was the legal remedy against him, and might be  preferment.  (Ducange, Gloss.)
resorted to by the purchaser even when the earnest    The term benieficium is of frequent occurrence in
only had been paid. (Harpocrat. s. v. AVro/aX~ev',  the Roman law, in the sense of some special priviBeai[ooars.)  From  the passages in the oration of lege or favour granted to a person in respect of age,
Demosthenes against Pantaenetus that bear upon  sex, or condition.  But the word was also used in
the subject, it is concluded by Heraldus (Animad.  other senses, and the meaning of the term, as it
in Sbalm. iv. 3. 6) that the liability to be so called  appears in the feudal law, is clearly derivable from
upon was inherent in the character of a vendor, the signification of the term among the Romans of
and therefore not the subject of specific warranty  the later republican and earlier imperial times. In
or covenants for title.  The same critic also con- the time of Cicero it was usual for a general, or a
cludes, from  the glosses of Hesychius and Suidas, governor of a province, to report to the treasury the
that this action might in like manner be brought names of those under his command who had done
against a fraudulent mortgager. (Animad. in Sl/sz. good service to the state: those who were included
iv. 3. in fin.)  If the claimant had established his  in such report were said in beseficiis ad aerariuma
right, and been by the decision of the dicasts put in  deferiri. (Cic. P2ro Arc/i. c. 5, Ad Framn. v. 20, and
legal possession of the property, whether movable  the note of Manutius.)  It was required by a
or otherwise, as appears from  the case in the  Lex Julia that the names should be given in within
speech against Pantaenetuts, the ejected purchaser  thirty days after the accounts of the general or
was entitled to sue for reimbursement from  the  governor. In beneficiis in these passages may mean
vendor by the action in question.  (Pollhtx, viii. that the persons so reported were considered as
6.)  The cause is classed by Meier (Att. Process.  persons who had deserved well of the state, and so
p. 526) among the icKat?rprs T'ra, or civil actions  the word beneficium may have reference to the
that fell within the cognizance of the thesmo-  services of the individuals; but as the object for
thetae.                             [J. S. M.]    which their services were reported, was the benefit
BEMA  (Btua), the platform  from which the  of the individuals, it seems that the term  had reorators spoke in the Athenian ecKcXofI'a, is de-  ference also to the reward, immediate or remote,
scribed under EccLEsrA.  It is used by the Greek  obtained for their services.   The honours and
writers on Roman affairs to indicate the Roman  offices of the Roman state, in the republican period,
tribunal.  (See e. g. Plut. Pomp. 41.)             were called the beneficia of the Populus Romanlus.
BENDIDEIA  (BEe3LIeLa), a festival celebrated    Beineficium  also signified any promotion conin the port town of Peiraeeus in honour of Bendis,  ferred on or grant made to soldiers, who were
a Thracian divinity, whose worship seems to have  thence called beneficiarii; this practice was combeen introduced into Attica about the time of Ismon, as we see from inscriptions in Gruter (li. 4,
Socrates, for Plato (De Re Publ. init.) introduces  cxxx. 5), in some of which the word beneficiarius
Socrates giving an opinion on the Bendideia, and  is represented by the two letters B. F.  In this
saying that it was then celebrated for the first sense we must understand the passage of Caesar
time.  It was celebrated on the 20th, or according  (De Bell. Oiv. ii. 18) when he speaks of the magna
to others, on the 19th of Thargelion.  (Schol. ad  beneficia and the eaegqnae clientelae of Pompeius in
Plat.'Repeub. i. p. 354; Proclus, ad Plat. Timz.  Citerior Spain.   Beneficiarius is also used by
pp. 9-27.)  The festival resemblsed, in its clin-  Caesar (De Bell. Civ. i. 75), to express the per



20' 2         BIBLIOTHECA.                                      BIBLIOTHECA.
son who had received a beneficium.  It does not, tiquity dealt with the instruction of the people,
however, appear from these passages, what the  public collections of books appear to have been
beneficium actually was.  It might be any kind  very ancient.  That of Peisistratus was intended
of honour, or special exemption from service. (De  for public use (Gell. vi. 17; Athen. i. p. 3); it
Bell. Civ. iii. 88; Sueton. Tib. 12; Vegetius, De  was subsequently removed to Persia by Xerxes.
Re MAfilitari, ii. 7.)                           About the same time, Polycrates, tyrant of Samos,
Beneficiarius is opposed by Festus (s. v.) to  is said to have founded a library.  In the best
munifex, in the sense of one who is released from  days of Athens, even private persons had large
military service, as opposed to one who is bound to  collections of books; the. most important of which
do military service.                             we know any thing, belonged to Euclid, Euripides,
Grants of land, and other things, made by the  and Aristotle.  Strabo says (xiii. 1) that Aristotle
Roman emperors, were called beneficia, and were  was the first who, to his knowledge, made a colentered in a book called Liber Beneficiosrum (Hy- lection of books, and taught the Egyptian kings
ginus, De Limsitizus  Constit. p. 193, Goes.).  The  the arrangement of a library.  The most important
secretary or clerk who kept this book was called  and splendid public library of antiquity was that
a( conmmentariis beneficiorumz, as appears from an in- founded by the Ptolemies at Alexandria, begun
scription in Gruter (dlxxviii. 1.)    [G. L.]    under Ptolemy Soter, but increased and re-arranged
BESTIA'RII (bapLo'c lXo), persons who fought in an orderly and systematic manner by Ptolemy
with wild beasts in the games of the circus. Philadelphus, who also appointed a fixed librarian
They were either persons who fought for the sake  and otherwise provided for the usefulness of the
of pay (auctoramentumz), and who were allowed  institution.  The library of the Ptolemies conarms, or they were criminals, who were usually  tained, according to A. Gellius (vi. 17), 700,000
permitted to have no means of defence against the  volumes; according to Josephus, 500,000; and acwild beasts.  (Cic. pro Sext. 64; Sen. De Benefl  cording to Seneca (De Tranq. An. 9), 400,000.
ii. 19, Ep. 70; Tertull. Apol. 9.)  The bestiarii, The different reckoning of different authors may
who fought with the beasts for the sake of pay, be in some measure, perhaps, reconciled by supand of whom  there were great numbers in the  posing that they give the number of books only in
latter days of the republic and under the empire, a part of the library; for it consisted of two parts,
are always spoken of as distinct from the gladiators, one in the quarter of the city called Brucheion,
who fought with one another.  (Cic. in Vatin. 17; the other in the part called Serapeion.  Ptolemy
ad Que. Fr. ii. 6. ~ 5.)  It appears that there were  Philadelphus bought Aristotle's collection to add
schools in Rome, in which persons were trained to  to the library, and Ptolemy Euergetes continued
fight with wild beasts (scholae bestiarubz,  or bestia- to add to the stock.  A great part of this splendid
siomrse0, Tertull. Apol. 35.)                    library was consumed by fire in the siege of
BIAION  DIKE' (Jianwyc afrs[o).  This action  Alexandria by Julius Caesar: some writers say
might be brought whenever rapes of free persons, that the whole was burnt; but the discrepancy
or the illegal and forcible seizure of property of any  in the numbers stated above seems to confirm the
kind were the subject of accusation (Harpocrat.); opinion that the fire did not extend so far. At
and we learn from Demosthenes (c. Pantaen. p. 976. any rate, the library was soon restored, and
11) that it came under the jurisdiction of the  continued in a flourishing condition till it was deForty.  According to Plutarch (Solon, 23) the law  stroyed by the Arabs A. D. 640.  (See Gibbon,
prescribed that ravishers should pay a fine of 100  c. 51.)  Connected with the greater division of
drachmae; but other accounts merely state gene- the library, in the quarter of Alexandria called
rally that the convict was muleted in a sum equal Brucheion, was a sort of college to which the name
to twice that at which the damages were laid  of Mouseion (or Museum) was given.  Here many
(&L7rXi'v 7P' Xpaclsgr"Jv o (peiAelv, Lys. De Caede favoured literati pursued their studies, transcribed.Eratostlh. p. 33; Dem. c. lAid. p. 528. 20; Harpo- books, and so forth; lectures also were delivered.
crat.); and the plaintiff in such case received one  The Ptolemies were not long without a rival in
half of the fine; and the state, as a party medi- zeal. Eumenes, king of Pergamus, became a patron
ately injured, the other. To reconcile these ac- of literature and the sciences, and established a
counts Meier (Att. Proc. p. 545) supposes the rape  library, which, in spite of the prohibition against
to have been estimated by law at 100 drachmae, exporting papyrus issued by Ptolemy, jealous of
and that the plaintiff fixed the damages in refer- his success, becamne very extensive, and perhaps
ence to other injuries simultaneous with, or conse- next in importance to the library of Alexandria.
quent upon, the perpetration of the main offence. It remained, and probably continued to increase,
With respect to aggressions upon property, the  till Antonius made  it a present to Cleopatra.
action,ialfwv is to be distinguished from 4o6Akrs, (Plut. Anton. 58.)
in that the former implies the employment of    The  first public library in Rome was that
actual violence, the latter merely such detention of founded by Asinius Pollio (Plin. H. N. vii. 30;
property as amounted to violence in the contempla-  Isid. Orig. vi. 5), and was in the atrium Libertatis
tion of law (Meier, Att. Proc. p. 546), as for in- on Mount Aventine. Julius Caesar had projected
stance the nonpayment of damages, and the like, a grand Greek and Latin library, and had comto the successful litigant after an award in his missioned Varro to take measures for the establishfavour by a court of justice.  (Dem. c. Mid. 540. merit of it; but the scheme was prevented by his
24.)                               [J. S. M.]    death.  (Suet. Jul; 44.)  The library of Pollio
BI'BASIS (63iaees).  [SALTATIO.]               was followed by that of Augustus, in the temple
BIBLIOPO'LA.  [LImER.]                        of Apollo on the Mount Palatine (Suet. Aug. 29 I
BIBLIOTHE'CA  (,8~ALoOipcJ, or /&roOino  Dion Cass. liii. 1), and another, bibliothecae OcB,3Lxiuov), primarily, the place where a collection  tavianae (so called from Augustus's sister Octavia),
of books was kept; secondarily, the collection  forming part of the Porticus Octavia.  (Dion Cass.
itself.  (Festus, s. v.)  Little as the states of an- xlix. 43; Plut. irlacell. 30.)  There were also




BIDENTAL.:                                      BLABES DIKE.                  203
libraries on the capitol (Suet. Donm. 20), in the  vi. 587; compare Orelli, Inscr. vol. i. p. 431. No.
temple of Peace (Gell. xvi. 8), in the palace of 2482); he further consecrated the spot by sacriTiberius (Gell. xiii. 18), besides the Ulpian library, ficing a two-year-old sheep (bidess), whence the
which was the most famous, founded by Trajan  name of the place and of the priest, and also
(Gell. xi. 17; Dion Cass. lxviii. 16), called Ulpian  erected an altar, and surrounded it with a wall or
from  his own name,:Ulpius.  This library was  fence.  It was not allowable to tread on the place
attached by Diocletian, as an ornament, to his  (Persius, ii. 27), or to touch it, or even to look at
thermae.  (Vopisc. Prob. 2.)                      it. (Atmm. Marc. xxiii. 5.) Solmetimes a bidental
Private collections of books were made at Rome  which had nearly fallen to decay from length of
soon after the second Punic war.  The zeal of time was restored and renovated (Orelli, lascr.
Cicero, Atticus, and others in increasing their  No. 2483); but to renlove the bounds of one
libraries is well known.  (Cic. Ad Att. i. 7, 10, (movere bidental), or in any way to violate its
iv. 5; Ad Quiv2t. Fr. iii. 4.)  The library of Lu-  sacred precincts, was considered as sacrilege. (Heor.
callus was very extensive, and he allowed the  Art. Poet. 471.)  From the passage in Horace, it
public free access to it.  (Plut. Lsucull. 42.)  To- appears to have been believed that a person who
wards the end of the republic it became, in fact, was guilty of profaning a bidental, would be puthe fashion to have a. room  elegantly furnished as  nished by the gods with frenzy; and Seneca (Nlt.
a library, and reserved for that purpose. However  Quaest. ii. 53) mentions another belief of a similar
ignorant or unstudious a person might be, it was  kind, that wine which had been struck by lightning
fashionable to appear learned by having a library, would produce in any one who drank it death or
though he might never even read the titles of the  madness.  Persons who had been struck by lightbooks.  Seneca (De Tranq. An. 9) condemns the  ning (fedgluriti) were not removed, but were buried
rage for mere book-collecting, and rallies those who  on the spot.  (Pers. Sat. ii. 27; Plin. H. N.
were more pleased with the outside than the in-  ii. 54; Hartung, Religion der Rismer, vol. ii. p.
side.  Lucian wrote a separate piece to expose  13.)                                      [A. A.]
this common folly (7rpos a'7sraMEuSoT  Kal 7roAAt    BIDIAEI  (Bola0om),  called  in inscriptions
BdAeixa.'sopfveov).                              3LaEoL or iLsUotL, were magistrates in Sparta, whose
A  library generally had  an eastern  aspect. business was to inspect the gymnastic exercises.
(Vitruv. vi. 7.)  In Herculaneum  a library fully  Their house of meeting (&pX eov) was in the
furnished was discovered.  Round the walls it had  market-place.  (Paus. iii. 11. ~ 2.)  They were
cases containing the books in rolls [LIBER]; these  either five (Paus. 1. c.) or six in number (Bickh,
cases were numbered.  It was a very small room; Corp. Ia2scrip. nr. 1271. 1364), and had a presiso small that a person by stretching out his arms  dent who is called in inscriptions 7rper'evs 3,LE'wv.
could touch both sides of it.   The cases were  (Bickh, Corp. Inscrip. vol. i. p. 611.) Biickh concalled either acrmaria (Plin. Ep. ii. 17; Vopisc. jectures that fi8E1oL or i8sotL is the Laconian form
_7cbit. 8), or loczldsmenta (Seneca, De Tranq. An. for'ivoe  or FiLooL, and signifies witnesses and
9), or/brsuli (Juv. Sat. iii. 219), or nidi (Mart. i. judges amnong the youth. (Comp. Miller, Doricans,
118; 15, vii. 17. 5).  Asinius Pollio had set the  iii. 7. ~ 8.)  Valckenaer (ad Hlerod. vi. 57) supfashion in his public library of adorning the room  poses that the bidiaei were the same as the vO/GOwith the portraits and busts of celebrated men, as  (pxatces; but the inscriptions given by Bbckh
well as statues of Minerva and the Muses.  This  show that the bidiaei and voeoupiXaecEs were two
example was soon followed in the private labraries  separate classes of officers.
of the rich.  (Juv. iii. 219; Plin. Ep. iii. 7, iv.    BIGA or BIGAE.  [CURRUS.]
28; Cic. ad Farn. vii. 23; Plin. H. N. xxxv. 2;    BIGAiTUS.  [DENARIUS.]
Suet. Tib. 70; Mart. ix. Ep. ad Turasn.; Lipsius,    BIPA'LIUM.  [PALA.]
De Bibliot/secisS kyntcjaeu, in Opera, vol. iii.; Becker,    BIPENNIS.  [SEcuRIS.]
Gallus, vol. i. p. 160, &c.)          [A. A.]        BIREMIS.  [NAVIS.]
BICOS (bircos), the name of an earthen vessel    BIRRUS (Bhippos), a cape or hood, which was
in common use among the Greeks.  (Pollux, vi. worn out of doors over the shoulders, and was
14, vii. 162, x. 73.)  Hesychius (s.v.) defines it sometimes elevated so as to cover the head. On the
as a  rcd~u/os with handles.  It was used for former account it is classed by an ancient gram..
holding wine (Xen. Anab. i. 9. ~ 25), asld salted  mnarian with the lacerna, and on the latter with the.
meat and fish. (Athen. iii. p. 116, f.)  Herodotus  cowl, or cuculus.  It had a long nap, which was
(i. 194) speak-s of L/3KCos  polsmum'c7ovs KaTry-Vous  commonly of sheep's wool, mere rarely of beaver's
oYPou vrAeovs, which some commentators interpret wool.  It probably derived its name from the red
by " vessels made of the wood of the palm tree full colour (7r/ppos) of the wool of which it was made.
of wine."  But as Eustathius (isn Od. p. 1445)  It is only mentioned by the later writers. (Vopisc.
speaks of oa/ov  s epolm'vov,ikcos, we ought pro- Carin. 20; Claudian, Epigyr. 37.)
bably to read in Herodotus Bfouvs powlmscni'ov, ic. T.    BISE'LLI1UM.  [SELLA.]
A., "vessels fill of palm wine."                     BISSEXTUM.  [CAL ENDARIUM.]
BIDENS.  [RAsTRUaIv.]                              BLABES DIKE' (3ace1qs &K10).  This action
~BIDENTAL, the name given to a place where  was available in all cases in which one person had
any one had been struck by lightning (Festus, sustained a loss by the conduct of another; and
s. v. fulguritum), or where any one had been killed  from the instances that are extant, it seems that
by lightning and buried.  Such a place was con-  whether the injury originated in a fault of omission
sidered sacred.  Priests, who were called biden- or commission, or impaired the actual fortune of the
tales (i. e. scordates), collected the earth which  plaintiff, or his prospective advantage, the action
had been torn up by the ligishtning, and everything  would lie, and might be maintained, against the
that had been scorched, and burnt it in the ground  defendant.  It is of course impossible to enumerate
with a sorrowful murmur.  (Lucan, i. (06.)  The  all the particular cases upon which it would arise,
officiatin   priest was said colderefliyZur (JLL. Sat. but the two great classes into which /Adas, ili;ay




204.           BOEOTARCHES.                                       BOEOTARCHES.
be divided are the,Ose&Ssos and the  0eo/,uo!. Tle  states, containing each a principal city, with itel
first of these will include all causes arising from    roVreXEYs  or ~SCCgLopoL (inhabitants of the same
the nonfulfilment of a contract to which a penal gsoZpa, or district) living around it.  Of these
bond was annexed, and those in which the law  greater states, with dependent territories, there
specified the penalty to be paid by the defendant seem to have been in former times fourteen, — a
upon conviction; the second, all injuries of property  number which frequently occurs in Boeotian lewhich the law  did not specify nominatim, but geleds.  (Pans. ix. 3. ~ 4.)  The names are difgenerally directed to be punished by a fine equal  ferenltly given by different writers on the subject;
to twice the estimated damage if the offence was  we know, however, for certain that they formed a
intentional, if otherwise by a bare compensation. confederacy called the Boeotian leagoue, with Thebes
(Meier, Att. Proc. p. 188, &c., p. 475, &c.; Dem-. at its head. the dependencies of which city formed
c. MIid. p. 528.) Besides the general word GBAdevs, about a third part of the whole of Boeotia. These
others more specific, as to the nature of the case, dependent towns, or districts, were not immediare frequently added to the names of actions of ately connected with the national confederacy, but
this kind, as avopardwswv, TrecpargooW', gLETaAhlKt, with the neighbouring chief city, as Cynoscephalae
and the like.  The declaration of the plaintiff was with Thebes.  In fact, they were obliged to
seems always to have begun with the words  furnish troops and money, to make up the conbEeXa/E 1ce, then came the name of the defendant, tingent furnished by the state to which they bexnd next a description of the injury, as osK &aroeaLobs longed, to the  general confederacy.   (Arnold,.toi Trb apymptov in  Demosthenes (Pro P/ormn. ad Tzatc. iv. 76.)  Of the independent states Thup. 950. 21).  The proper court was determined  cydides (iv. 93) mentions seven by name; and
by the subject of litigation; and when we con- gives us reasons for concluding that, in the time of
sider that the damage done by Philocleon to the  the Peloponnesian war they were ten or twelve in
cake-womnan's basket (Aristoph. YIesp.), and sup- number, Thebes being the chief.  Plataea had
posititious testimony given in the name of another, withdrawn from them, and placed itself under the
thereby rendering such person liable to an action, protection of Athens as early as B. C. 519; amd in
ev5o/xaprvupicv   (Dem. c. Aphob. iii. p. 849. 20), B. c. 374, Thespiae, another member of the league,
were equally $XB.gat at Attic law, the variety of was destroyed by the Thebans.  (Clinton, F. II.
the actions, and consequently of the jurisdictions  vol. ii. p. 396; Thuc. iii. 55.)
under which they fell, will be a sufficient excuse    Each of the principal townls of Boeotia seems to
for the absence of further specification upon this  have had its OovXt' and 8ijeos.  (Xen. Hell. v. 2.
point.                              [J. S. M.]    ~ 29.) The BovXS  was presided over by an archon,
BOEDRO'MIA  (Oo*dlp4itaO), a festival cele-  who probably had succeeded to the priestly funcbrated at Athens on the seventh day of the month  tions of the old kings; but possessed little, if any,
of Boldromion, in honoulr of Apollo BoEdromius. executive authority.  The polemarchs, who, in
(MUller, Dor. ii. 8. ~ 5.)  The name Boibdromius, treaties and agreements are mentioned next to the
by which Apollo was called in Boeotia and other archon, had some executive authority, but did not
parts of Greece (Paus. ix. 17. ~ -1; Callimach. command forces; e.. they could imprison (Xen.
Hyosn. Apoll. 69), seems to indicate that by this  Hell. 1. c.), and they directed the levies of troops
festival he was honoured as a martial god, who  But besides the archon of each separate state, there
either by his actual presence or by his oracles  was an archon of the confederacy- &pXcv  ev'
afforded assistance in the dangers of war.  The  icovcw  BotLwrcv, most probably always a Theban.
origin of the festival is, however, traced by dif-  (BJckh, Inser. 1593.) His namne was affixed to all
ferent authors to different events in Grecian story. alliances and compacts which concerned the whole
Plutarch (Tles. 27) says that Theseus, in his war confederacy, and he was president of what Thucyagainst the Amazons, did not give battle till after dides (v. 38) calls the four councils, who directed
ihe had offered a sacrifice to Phobos; and, that in  the affairs of the league (-erav Trb Kipos eXouos).
commemoration of the successful battle which took  On important questions they seem  to have been
place in the month of Boldromion, the Athenians, united; for the same author speaks of them as?}
down to his own time, continued to celebrate the  jiovAx, and informs us that the determinations of
festival of the Boldromia.  According to Suidas, the Boeotarchs required the ratification of this
the Etymol. Magn. and Euripides (Ion. 59), the  body before they were valid.  The Boeotarchs
festival derived its name and origin from the cir- themselves were properly the military heads of the
cumstance that when, in the reign of Erechtheus, confederacy, chosen by the different states; but we
the Athenians were attacked by Eumolpus, Xuthus  also find them discharging the functions of asl exor (according to Philochorus in Harpocration, s. v.) ecutive in various matters.  In fact, they are rehis son Ion came to their assistance, and procured  presented by Thucydides (v. 38) as forming an
them  the victory.  Respecting the particulars of alliance with foreign states; as receiving ambassathis festival nothing is known except that sacrifices  dors on their return home; as negotiating with
were offered to Artemis.  (Comp. Spanheim, ad  envoys from  other countries; and acting as the
Callims. Hynzn. in Apoll. 69.)        [L. S.]   representatives of the whole league, though the
BOEOTARCHES  (Bomordpxrs, or Botwmrdp-  sovA~  refused to sanction the measures they had
Xos). It is proposed under this head to give a brief resolved on in the particular case to which we are
account of the Boeotian constitution as well as of now  alluding.  Another instance in which the
the Boeotarchs.                                    Boeotarchs appear as executive is their interference
The Boeotians in ancient times occupied Arne  with Agesilaus, on his embarking trum Aulis for
in Thessaly.  (Thuc. i. 12.)  Sixty years after Asia (B.c. 396), when they prevented him  ofthe taking of Troy they were expelled by the Thes- fering sacrifice as he wished. (Plat. Ages. 6; Xen.
salians, and settled in the country then called Cad- Hell. iii. 4. ~ 4.)  Still the principal duty of the
meis, but afterwards Boeotia. This country, during  Boeotarchs was of a militar- nature: thus they led
tiFir occupation of it, was divided into several  into the field the troops of their respective states;




BONA.   -BONA.                                                           205
and when at home, they took whatever measures  emtio, cessio, possessio, ususfructus, the word
were requisite to forward the military operations of "bona" is equivalent to property.  It expresses
the league, or of their own state: for example, we  all that a man has, whether as owner or merely as
read of one of the Theban Boeotarchs ordering the  possessor; and every thing to which he has any
Thebans to come inr arms to the ecclesia for the  right.  But it is said (Dig. 50. tit. 16. s. 83):
purpose of being ready to attack Plataea.  (Panus. " Proprie bona dici non possunt quae plus incomix. 1. ~ 3.)  Each state of the confederacy elected  modi quam commodi habent."  However, the use
one Boeotarch, the Thebans two (Thuc. ii. 2, iv. of the word in the case of universal succession
91, vii. 30; Diod. xv. 51); although on one occa- comprehended both the commodum and incommosion, i. e. after the return of the exiles with Pelo-  dum of that which passed to the universal sucpidas (B. C. 379), we read of there being three at cessor.  But the word bona is simply the property
Thebes.  (Plat. Pelop. 13). The total number as an object; it does not express the nature of the
from the whole confederacy varied with the number relation between it and the person who has the
of the independent states.  Mention is made of the  ownership or the enjoyment of it, any more than
Boeotarchs by Thucydides (iv. 91), in connection  the words "all that I have," "all that I amn
with the battle of Delimn (B. c. 424).  There is, worth," " all my property," in English show  the
however, a difference of opinion with respect to his legal relation of a man to that which he thus demeaning: some understand him to speak of eleven, scribes.  The legal expression in bonis, as opposed
some of twelve, and others of thirteen Boeotarchs. to dominium, or Quiritarian ownership, and the
Dr. Arnold is disposed to adopt the last number; and  nature of the distinction will be easily apprehended
we think the context is in favour of the opinion  by any person who is slightly conversant with
that there were then thirteen Boeotarchs, so that English law.
the number of free states was twelve. At the time    "There is," says Gaius (ii. 40),"amongforeigners
of the battle of Leuctra (B. c. 371), we find seven  (peregrini) only one kind of ownership (domnisuel),
Boeotarcbs mentioned (Diod. xv. 52, 53; Paus. ix. so that a man is either the owner of a thing or he
13. ~ 3); on another occasion, when Greece was is not.  And this was formerly the case among the
invaded by the Gauls (B. c. 279), we read of four. Roman people; for a man was either owner ex
Livy (xlii. 43) states that there were twelve, but jure Quiritium, or he was not. But afterwards the
before the time (B. c. 171) to which his statement ownership was split, so that now one man may be
refers, Plataca had been reunited to the league. the owner (dominzis) of a thing ex jure Quiritium,
Still the number mentioned in any case is no test and yet another may have it in bonis. For instance,
of the actual number, inasmuch as we are not sure  if, in the case of a res mancipi, I do not transfer
that all the Boeotarchs were sent out by their re- it to you by mancipatio, nor by the form in jure
spective states on every expedition or to every  cessio, but merely deliver it to you, the thing in-battle.                                         deed becomes your thing (in bonis), but it will reThe Boeotarchs, when engaged in military ser- main mine ex jure Quiritium, until by possession
vice, formed a council of war, the decisions of which  you have it by usucapion.  For when the usucawere determined by a majority of votes, the pre- pion is once complete, from that time it begins to
sident being one of the two Theban Boeotarchs  be yours absolutely (pieno Jure), that is, it is yours
who commanded alternately. (Thuc. iv. 91; Diod. both in bonis and also yours ex jure Quiritium,
xv. 51.)  Their period of service was a year, be- just as if it had been mancipated to you, or transginning about the winter solstice; and whoever ferred to you by the in jure cessio."  In this pascontinued in office longer than his time, was punish- sage Gaius refers to the three modes of acquiring
able with death both at Thebes and in other cities property which were the peculiar rights of Roman
(Plut. Pelop. 24; Paus. ix. 14. ~ 3.) Epameinondas  citizens, mancipatio, in jure cessio, and usucapion,
apd Pelopidas did so on their invasion of Laconia  which are also particularly enumerated by him in
(B. C. 369), but their eminent services saved them; another passage (ii. 65).
in fact the judges did not even come to a vote re-    From this passage it appears that the ownership
specting the former.  At the expiration of the year of certain kinds of things among the Romans,
a Boeotarch was eligible to office a second time, and  called res mancipi [MANCIPIUM], could only be
Pelopidas was repeatedly chosen.  From the case transferred from one person to another with certain
of Epameinondas and Pelopidas, who were brought formalities, or acquired by usucapion.  But if it
before Theban judges (ucoaarai), for transgression  was clearly the intention of the owner to transfer
of the law which limited the time of office, we may  the ownership, and the necessary forms only were
conclude that each Boeotarch was responsible to  wanting, the purchaser had the thing in bonis,
his own state alone, and not to the general body of and he had the enjoyment of it, though the original
the four councils,                               owner was legally the owner until the usucapion
Mention is made of an election of Boeotarchs by  was completed, notwithstanding he had parted with
Livy (xxxiii. 27, xlii. 44).  He further informs the thing.
us that the league (concilium) was broken up by    It thus appears that Quiritarian ownership of
the Rommas B. C. 171. (Compare Polyb. xxviii. 2, res mancipi originally and properly signified that
~ 10 -Tb BoLrn-   or ro-es IcUeArn.) Still it must ownership of a thing which the Roman law rehave been partially revived, as we are told of a  cognised as such; it did not express a compound
second breaking up by the Romans after the de- but a simple notion, which was that of absolute
struction of Corinth B. c. 146, (Paus. vii. 16, ownership.  But when it was once established
~ 6.)                                [R. WV.]   that one man might have the Quiritarian ownerBOMBYCINUM.  [SERIcuM.]                       ship, and another the enjoyment, and the sole
BONA.  The word bona is sometimes used to  right to the enjoyment of the same thing, the comexpress the whole of a man's property (Paulus, plete notion of Quiritarian ownership became a
Recept. Sentent. v. 6, 16; Dig. 37. tit. 1. s. 3; notion compounded of the strict legal notion of
t0. tit. 16. s. 49); and in the phrases bonorum  ownership, and that of the right to enjoy, as united




206                 B3ONA.                                        I3ONA  CADUCA.
in the same person.  And as a man might have  the jus gentium (in the Roman sense of that term).
both the Quiritarian ownership and the right to the  (Gaius, ii. 26, 41, 20; Ulp. Frag. i. 16.)
enjoyment of a thing, so one might have the Quiri-    (Zimmern, Ueber das %Weserz dessogenannten bonitarian ownership only, and another might have the  tar ischen Eiyentlhums, Rzseinisch. M2zs.fiir Jurisps;
enjoyment of it only.  This bare ownership was  iii. 3.)                                  [G. L.]
sometimes expressed by the same terms (ex juse       BONA CADU'CA. Caducumn literally signifies
Quiritiumn) as that ownership which was complete, that which falls: thus, glans caduca, according to
~but sometimes it was appropriately called nudum   Gaius (Dig. 50. tit. 16. s. 30), is tne mast which
jas Quir-itiunz (Gaius, iii. 100), and yet the person  falls from a tree.  Caducum, in its general sense,
who had such bare right was still called dominus,  might be any thing without an owner, or what the
and by this term  he is contrasted with the use-  person entitled to neglected to take (Cic. De 0s.
frzctearius and the bonae fidei possessor.         iii. 31, Phil. x. 5); but the strict legal sense of caThe historical origin of this notion, of the sepa-  ducum and bona caduca, is that stated by Ulpian
ration of the ownership from the right to enjoy a  (Frag. xvii. De Cadsucis), which is as follows:thing, is not known; but it may be easily conjec-    If a thing is left by testament to a person, so
tured. When nothing was wanting to the transfer that he can take it by the jus civile, but from some
of ownership but a compliance with  the  strict cause has not taken it, that thing is called cadzzlegal form, we can easily conceive that the Roman  czm, as if it hadfillen from him; for instance, if
jurists would soon get over this difficulty.  The  a legacy was left to an unmarried person, or a
strictness of the old legal institutions of Rome  Latinus Junianus; and the usnarried person did
was gradually relaxed to meet the wants of the  not within a hundred days obey the law, or if
people, and in the instance already mentioned, the  within the same time the Latinus did not obtain
jurisdiction of the praetor supplied the defects of the Jus Quiritium, or had become a peregrinus
the law.  Thus, that interest which a man had  (see Cujacius, ad Ulpiani Titulos XXIX. vol. i. ed.
acquired in a thing, and which only wanted certain  Neapol. 1758), the legacy was caducum.  Or if a
forms to make it Quiritarian ownership, was pro- Pleres ex parle, or a legatee, died before the opening
tected by the praetor.  The praetor could not give  of the will, the thing was cadluczm.  The thing
Quiritarian ownership, but he could protect a man  which failed to come to a person in consequence
in the enjoyment of a thing — he could maintain  of something happening in the life of the testator
his possession: and this is precisely what the  was said to be in cause caduci; that which failed,praetor did with respect to those who were pos-  of taking effect between the death of the testator
sessors of public land; they had no ownership, but and the opening of the will, was simply called
only a possession, in which they were protected  caducun.  (Comp. Dig. 28. tit. 5. s. 62, and Dig.
by the praetor's interdict.  [ARaAaRIAE LEG-ES, 31. s. 51; Code Civil, Art. 1039, &c.)
-p. 38.]                                             The law above alluded to is the Lex Julia et
That which was in bonis, then, was that kind of Papia Poppaea, which is sometimes simply called
interest or ownership which was protected by the  Julia, or Papia Poppaea.  This law, which was
praetor, which interest may be called bonitarian or passed in the time of Augustus (A. D. 9), had the
beneficial ownership, as opposed to Quiritarian or double object of encouraging marriages and enrichbare legal ownership.  It does not aprear that the  ing the treasury-aerariens (Tacit. Ann. iii. 25),
word dominium is ever applied to such bonitarian  and contained, with reference to these two objects,
ownership except it may be in one passage of a great number of provisions.  Martial (v. Ep. 75)
Gaius (i. 54), the explanation of which is not free  alludes to a person who married in order to comply
from difficulty.                                   with the law.
That interest called in bonis, which arose from    That which was caducum  came, in the first
a bare tradition of a res mancipi, was protected by  place, to those among the heredes who had chilthe exceptio, and the actio utilis in rem. (Dig. 41. dren; and if the heredes had no children, it came
tit. 1. s. 52.)  Possessio is the general name of the  among those of the legatees who had children. The
interest which was thus protected.  The person  law gave the jus accrescendi, that is, the right to
who had a thing in bonis and ex justa causa was  the caducum  as far as the third degree of ccnalso entitled to the actio Publiciana, in case he  sanguinity, both ascending and descending (Ulp.
lost the possession of the thing before he had  Frag. 18), to those who were made heredes by the
gained the ownership by usucapion.  (Gaius, iv. will.  Under the provisions of the law, the cadtc36.)                                               cumn, in case there was no prior claimant, bet anged
The phrases bonorum possession bonorum posses- to the aerarium; or, as Ulpian (xxviii. 7) expresses
sor, might then apply to him  who has had a res  it, if no one was entitled to the bonorum possessio,
mancipi transferred to him by tradition only; but or if a person was entitled, but did not assert his
the phrase applies also to other cases in which the  right, the bona became public property (populo
praetor by the help of fictions gave to persons the  deferuntar), according to the Lex Julia caducaria;
beneficial interest to whom  he could not give the  but by a constitution of the Emperor Antoninus
ownership.  When the praetor gave the goods of Caracalla it was appropriated to the fiscus: the jus
the debtor to the creditor, the creditor was said  accrescendi above mentioned was, however, still
in possessionsem  rerezn, or bonorstsm  debitoris nitti. retained.  The lawyers, however (tiri pu'Cdemntis(Dig. 42. tit. 5. s. 14, &c.)  [BoNoaRtM  EMaTIO; sini), by various devices, such as substitutions,
O30NORUM PossEssmo.]                               often succeeded in making the law of no effect.
As to things nec manlipi, the ownership might  A case is mentioned in the Digest (28. tit. 4. s. 3),
be transferred by bare tradition or delivery, and  in which bona caduca were claimed by the fiscus
such ownership was Quiritarian, inasmuch as the  in the time of Marcus Antoninus, and another in
RIoman law required no special form  to be ob-  which the fiscus is mentioned even under Hadrian,
served in the transfer of the ownership of res nec  where one would expect to find the term aerarium
mancipi.  Such transfer was made according to  used.  (Savigny, Ssteem, &c. ii. 273, note qq.)




BONA  FIDES.                                  BONORUM  CESSIO.               207
He who took the portion of a heres, which  used instead of ex bona fide.  (Gaius, iv. 62; Cic.e
became caducum, took it by universal succession:  Of/. iii. 17, Topic. c. 17; Brissonius, De fobrmli2cs,
in the case of a legacy, the caducum was a singular &c. lib. v.)
succession.  But he who took anhereditas caduca,    BONA  RAPTA.  [FuRTUM.]
took it with the bequests of freedom, of legacies,    BONA  VACA'NTIA were originally the proand fidei commissa with which it was burthened: perty which a person left at his death without
if the legata and fidei commissa became caduca, all having disposed of it by will, and without leaving
charges with which they were burthened became  any oeres.  Such property was open to occupancy,
caduca also.  In the time of Constantine, both the  and so long as the strict laws of inheritance excaelebs, and the orbus, or childless person (who was isted, such an event must not have been uncomunder a limited incapacity), obtained the full legal mon. A remedy was, however, found for this by
capacity of taking the inheritance. (Cod. viii. 58.) the bonorum possessio of the praetor.
Justinian (Cod. vi. 51) put an end to the caducum,    It does not appear that the state originally
with all its legal consequences.  In this last-men-  claimed the property of a person who died intestioned title (De Caducis tollendis) it is stated both  tate and without heredes legitimi.  The. claim of
that the name and the thing (nomen et materias the state to such property seems to have been first
caducorum) had their origin in the civil wars, that established by the Lex Julia et Papia Poppaea.
many provisions of the law were evaded, and many  [BONA CADUCA.] The state, that is, in the earlier.had become obsolete.  (Juv. Sat. ix. 88; Gaius, periods the aerarium, and afterwards the fiscus,
i. 150, ii. 207, iii. 144, 286; Lipsius, Excurs. ad  did not take such property as heres, but it took it
*Tacit. Ann. iii. 25; Marezoll, Lehrbuch der lnstititt. per universitatem.   In the later periods of the
des Rion. Reczts.)  As to the Dos Caduca, see  empire, in the case of a soldier dying without
Dos.                                  [G. L.]    heredes, the legion to which he belonged had a
BONA  FIDES.  This term  frequently occurs claim  before the fiscus; and various corporate
in the Latin writers, and particularly in the Roman  bodies had a like preference in the case of a memjurists.  It can only be defined with reference to  ber of the corporation dying without heredes.
things opposed to it, namely, mala fides, and dolus  (Marezoll, Lehrbulch der Instit. des Rtmns. Rechts;
malus, both of which terms, and especially the  Savigny, System, &c. vol. ii. p. 300.)   [G. L.]
latter, are frequently used in a technical sense.    BONO'RUM  CE'SSIO. There were two kinds
iDoLus  MALUS.]                                  of bonorum cessio, in jzure and extrajus.  The In
Generally speaking, bona fides implies the ab- jure cessio is treated under its proper head.
sence of all fraud and unfair dealing or acting. In    The bonorums cessio extrcajs was introduced by
this sense, bona fides, that is, the absence of all a Julian law, passed either in the time of Julius
fraud, whether the fraud consists in simulation or Caesar or Augustus, which allowed an insolvent
dissimulation, is a necessary ingredient in all con- debtor to give up his property to his creditors.
tracts.                                          The debtor might declare his willingness to give
Bona fide possidere applies to him who has ac- up his property by letter or by a verbal message.
quired the possession of a thing under a good title, The debtor thus avoided the infamia consequent
as he supposes.  He who possessed a thing bona  on the bonorum  emtio, which was involuntary,
fide, had a capacity of acquiring the ownership  and he was free from all personal execution.  He
by usucapion, and had the protection of the actio  was also allowed to retain a small portion of his
Publiciana.  Thus a person who received a thing  property for his support.  An old gloss describes
either mancipi, or nec mancipi, not from the owner, the bonorum cessio thus: Cedere bonis est ab unibut from a person whom he believed to be the  versitate rereum suarune recedere.
owner, could acquire the ownership by usucapion.    The property thus given up was sold, and the
(Gaius, ii. 43; Ulp. Frag. xix. 8.) A thing which  proceeds distributed among the creditors.  The
wasfiJrtiva or vi possessea, or the res mancipi of a  purchaser did not obtain the Quiritarian ownership
female who was in the tutela of her agnati, unless  of the property by the act of purchase.  If the
it was delivered by her under the auctoritas of her debtor subsequently acquired property, this also
tutor, was not subject to usucapion, and therefore  was liable to the payment of his old debts, with
in these cases the presence or absence of bona fides some limitations, if they were not already fully
was immaterial.  (Gaius, i. 192, ii. 45, &c.; Cic. satisfied. A  constitution of Alexander Severus
Ad Art. i. 5, Pro Flacco, c. 34.)  A person who  (Cod. 7. tit. 71. s. 1) declares that those who made
bought from a pupillus without the auctoritas of a bonorum  cessio were not released, unless the
his tutor, or with the auctoritas of a person whom  creditors were fully paid; but they had the privilie knew not to be the tutor, did not purchase  lege of not being imprisoned, if judgment was given
bona fide; that is, he was guilty of a legal fraud. against them in an action by one of their old creA sole tutor could not purchase a thing bona fide  ditors,
from  his pupillus; and if he purchased it from    The benefit of the lex Julia was extended by
another to whom a non bona fide sale had been  imperial constitutions to the provinces.
made, the transaction was null.  (Dig. 26. tit. 8.    The history of the bonorum  cessio does not
s. 5.)                                          seem quite clear.  The Jullan law, however, was
In various actions arising out of mutual dealings, not the oldest enactment which relieved the person
such as buying and selling, lending and hiring, of the debtor from being taken in execution. The
partnership, and others, bona fides is equivalent to  lex Poetelia Papiria (B. c. 327) exempted the peraequum and jtistum; and such actions were some- son of the debtor (nisi qui noxam meruisset), and
times called bonae fidei actiones.  The formula of only made his property (bona) liable for his debts.
the praetor, which was the authority of the judex, It does not appear from the passage in Livy (viii.
empowered him in such cases to inquire and deter- 28) whether this was a bonorum  cessio in the
mine ex bona fide, that is according to the real sense of the bonorum cessio of the Julian law, or
merits of the case: sometimes aequius melius was only a bonorum emtio with the privilege of freedom




208.CNONRUM  EMTIO.                                 BONURU M  POfSSESSIO.
from arrest.  The Tablet of Heraclea (Mazocchi, bonapossideret ant venderet."  The creditors were,p. 423) speaks of these qui in jure bonam copiam  said in possessionemn  erenzm debitoris 2mitti: someJurabant; a phrase which appears to be equivalent times a single creditor obtained the possessio.
to the bonorum cessio, and was a declaration on  When several creditors obtained the possessio, it
oath in jure, that is, before the praetor, by the  was usual to entrust the management of the busidebtor that his property was sufficient to pay his  ness to one of them, who was chosen by a m1ajority
debts.  But this was still accompanied with in- of the creditors.  The creditors then met and chose
famia.  So far as we can learn from Livy, no such  a magister, that is, a person to sell the property
declaration of solvency was required from  the  (Cic. Ad Att. i. 9, vi. 1; PIno P. Quintio, c. 15),
debtor by the Poetelia lex. The Julian law ren- or a curator bonorulm if no immediate sale was
adered the process of the cessio bonorum  more. intended.  The purchaser, eitor, obtained bly the
simple, by making it a procedure extra jus, and  sale only the bonorum possessio: the property was
giving further privileges to the insolvent.  Like  his In bonis, until he acquired the Quiritarian
several other Julian laws, it appears to have con- ownership by usucapion.  The foundation of this
solidated and extended the provisions of previous rule seems to be, that the consent of the owner was
enactments.  The term bonorum cessio is used in  considered necessary in order to transfer the ownerthe Scotch law, and the early practice was derived  ship.  Both the bonorum possessores and the emfrom the Roman system.  (Gaius, iii. 28; Dig. 42. tores had no legal rights (directae actiones) against
tit. 3; Cod. vii. tit. 71.)           [G. L.]   the debtors of the person whose property was posBONO'RUM   COLLA'TIO.  By the strict sessed or purchased, nor could they be legally
riles of the civil law an emancipated son had no  sued by them; but the praetor allowed utiles acright to the inheritance of his father, whether he  tiones both in their favour and against them.
died testate or intestate.  But, in course of time, (Gaius, iii. 77; iv. 35, 65 and 111; Dig. 42. tit.
the praetor granted to emancipated children the  4, 5; Savigny, Das Rercht des Besitzes, p. 410,
privilege of equal succession with those who re- 5th ed.)                              [G. L.]
mained in the power of the father at the time of    BONO'RUM   POSSE'SSIO  is defined by
his death; and this grant might be either contra  Ulpian (Dig. 37. tit. 1. s. 3) to be " the right of
tabulas or al) intestato.  But this favour was granted  suing for or retaining a patrimony or thing which
to emancipated children only on condition that belonged to another at the time of his death." The
they should bring into one common stock with  strict laws of the Twelve Tables as to inheritance
their father's property, and for the purpose of an  were gradually relaxed by the praetor's edict, and
equal division among all the father's children, what-  a new kind of succession was introduced, by which
ever property they had at the time of the father's  a person might have a bonorum  possessio who
death, and which would have been acquired for could have no hereditas or legal inheritance.
the father in case they had still remained in his    The bonorum  possessio was given by the edict
power.  This was called bonorum collatio.  It re- both contra tabulas, secundaum tabulas, and intessembles the old English hotchpot, upon the prin- tati.
ciple of which is framed the provision in the statute    An emancipated son had no legal claim on the
22 and 23 Charles II. c. 10. s. 5, as to the distri-  inheritance of his father; but if he was omitted in
bution of an intestate's estate.  (Dig. 37. tit. 6; his father's will, or not expressly exheredated, the
Cod. vi. tit. 20; Thibaut, Systenz  des Pandekten  praetor's edict gave him  the bonorumn  possessio
Recdts, ~ 901, &c., 9th ed., where the rules appli- contra tabulas, on condition that he would bring
cable to the bonorum collatio are more particularly  into hotchpot (bonorumn collatio) with his brethren
stated.)                              [G. L.]    who continued in the parent's power, whatever
BONO'RUM  EIMTIO  ET  EMTOR.  The  property he had at the time of the parent's death.
expression bonorum emtio applies to a sale of the  The bonorum possessio was given both to children
property either of a living or of a dead person.  It of the blood (naturales) and to adopted children,
was in effect, as to a living debtor, an execution. provided the former were not adopted into any
In the case of a living person, his goods were  other family, and the latter were in the adoptive
liable to be sold if he concealed himself for the  parent's power at the time of his death.  If a
purpose of defrauding his creditors, and was not freedman made a will without leaving his patron
defended in his absence; or if he made a bonorum  as much as one half of his property, the patron
cessio according to the Julian law; or if he did not obtained the bonorLum possessio of one half, unless
pay any sum of money which he was by judicial the freedman appointed a son of his own blood as
sentence ordered to pay, within the time fixed by  his successor.
the laws of the Twelve Tables (Aul. Gell. xv. 13,    The bonorum  possessio secundum  tabulas was
xx. 1) or by the praetor's edict.  In the case of a  that possession which the practor gave, conformdead person, his property was sold when it was ably to the words of the will, to those named in it
ascertained that there was neither hetes nor bono- as heredes, when there was no person ilntitled to
rum  possessor, nor any other person entitled to  make a claim against the will, or none who chose
succeed to it. In this case the property belonged  to make such a claim. It was also given secuIldull
to the state after the passing of the Lex Julia et tabulas in cases where all the requisite legal form-'
Papia Poppaea. If a person died in debt, the prae- alities had not been observed, provided there were
tor ordered a sale of his property on the application  seven proper witnesses to the will.  (Gaius, ii.
of the creditors.  (Gaius, ii. 154, 167.)  In the  147, " si mode defunctus," &c.)
case of the property of a living person being sold,    In the case of intestacy (intestati) there were
the praetor, on the application of the creditors, or- seven degrees of persons who might claim  the
dered it to be possessed (possideri) by the creditors  bonorum possessio, each in his order, upon there
for thirty successive days, and notice to be given  being no claim of a prior degree.  The three first
nf the sale.  This explains the expression in Livy  class were children, legitimni oeredes and proxinmi
(ii. 24): "ne quis militis, donec in castris esset, coynati.  Emancipated children could claim as -well




BOONAE.                                              BOULE.                   209'
as those who were not emancipated, and adoptive  (viii. 114) includes them among the inferior offices
as well as children of tihe blood; but not children  or offices of service (V'rpseo-'al, Bickh, PubI. Eeon.
who had been adopted into another family.  If of Athens, p. 216, 2d ed.)
a freedman died intestate, leaving only a wife (in    BOREASMI or BOREASMUS  (Bopeao.uot
manu) or an adoptive son, the patron was entitled  or o0peac/zds), a festival celebrated by the Atheto the bonorum possessio of one half of his property.  nians in honour of Boreas (Ilesych. s. 2v.), which,
The bonorum possessio was given either curm -e  as Herodotus (vii. 189) seems to think, was instior sine re.  It was given Cuem re, when the person  tuted during the Persian war, when the Athenians,
to whom  it was given thereby obtained the pro-  being commanded by an oracle to invoke their
perty or inheritance.  It was given sine re, when  /yauepbs E7ritovpos, prayed to Boreas.  The fleet
another person could assert his claim  to the in-  of Xerxes was soon afterwards destroyed by a
heritance by the jus civile: as if a man died intes-  north wind, near Cape Sepias, and the grateful
tate leaving a suzcs zeres, the grant of the bonorum   Athenians erected to his honour a temple on the
possessio would have no effect; for the heres could  banks of the Ilissus.  But considering that Boreas
maintain his legal right to the inheritance.  Or if was intimately connected with the early history of
a person who was named heres in a valid will was  Attica, since he is said to have carried off and
satisfied with his title according to the jus civile, married Oreithya, daughter of Erechtheus (Herod.
and did not choose to ask for the bonorum possessio  1. c.; Paus. i. 19. ~ 6), and that he was familiar to
(which he was entitled to if he chose to have it), them  under the name of brothter-in-lawe, we have
those who would have been heredes in case of an in- reason to suppose that even previous to the Persian
testacy might claim the bonorumn possessio, which, wars certain honours were paid to him, which were
however, would be unavailing against the legal title  perhaps only revived and increased after the event
of the testamnentary heres, and therefore sine re.    recorded by Herodotus.  The festival, however,
Parents and children might claim the bonorum   does not seem ever to have had any great celebrity;
possessio within a year from the time of their being  for Plato (P'haedr. p. 229) represents Phaedrus as
able to make the claim; others were required to  unacquainted even with the site of the temple of
make the claim within a hundred days.  On the  Boreas.  Particulars of this festival are not known,
failure of such party to make his claim within the  except that it was celebrated with banquets.
proper'time, the right to claim the bonorum pos-    Pausanias (viii. 36. ~ 4) mentions a festival celesessio devolved on those next in order, through  brated with annual sacrifices at Megalopolis in
the seven degrees of succession.                   honour of Boreas, who was thought to have been
Hle who received the bonorum possessio was not their deliverer from the Lacedaemonians.  (Comup.
thereby made leres, but he was placed heredis loco; Aelian, V. H. xii. 61.)
for the praetor could not make a heres.  The pro-    Aelian (1. c.) says that the Thurians also offered
perty of which the possession was thus given was  an annual sacrifice to Boreas, because he had deonly In bonis, until by usucapion the possessionI stroyed the fleet with which Dhonysius of Syrawas converted into Quiritarian ownership (doosi-  cuse attacked them; and adds the curious remark,
niuez).  All the claims and obligations of the de- that a decree was made which bestowed upon him
ceased person were transferred with the bonorum  the right of citizenship, and assigned to him  a
possessio to the possessor or praetorian heres; house and a piece of land.  This, however, is peramd he was protected in his possession by the in-  haps merely another way of expressing the fact,
terdictum Quorum bonorum.  The benefit of this  that the Thurians adopted the worship of Boreas,
interdict was limited to cases of bonorum possessio, and dedicated to him  a temple, with a piece of
and this was the reason why a person who could  land.                                      [L. S.]
claim  the inheritance in case of intestacy by the    BOULE' (Bol;r-X), a deliberate assembly or
civil law sometimes chose to ask for the bonorum   council.  In the heroic ages, represented to us by,
possessio also.  The praetorian heres could only  Homer, the  Oovxui is simply an  aristocratical
sue and be sued in respect of the property by a  council of the nobles, sitting under their king as
legal fiction.  He was not able to sustain a directa  president, who, however, did not possess any greater
tctio; but in order to give him this capacity, he  authority than the other members, except what that
was by a fiction of law supposed to be what he  position gave him.  The nobles, thus assembled,
was not, hseres; and he was said ficto se lerede  decided on public business and judicial matters,
ezgere, or intendere.  The actions which he could  frequently in connection with, but apparently not
sustain or defend were actiones stiles.  (Cic. Ad  subject to, nor of necessity controlled by, an &-yopd,
PFar. vii. 21; Gaius, iii. 25-38, iv. 34; Ulp. or meeting of the freemen of the state.  (II. ii. 53,
Frag. tit. 28, 29; Dig. 37. tit. 4. s. 19; tit. 11; 143, xviii. 503, Od. ii. 239.)  This form of governDig. 38. tit. 6; a good general view of the bonorum  ment, though it existed for some time in the Ionian,
possessio is given by Marezoll, Lehrbuchl der Icn-  Aeolian, and Achaean states, was at last wholly abostitutionen des RMm. Rechts, ~ 174; Thibaut, Sys-  lished.  Amongst the Dorians, however, especially
temn des Pandekten Reclts, ~ 843, 9th ed.) [G. L.]  with the Spartans, this was not the case; for it is
BONO'RUM  POSSESSIO. [INTERaICTura.]  well known that they retained the kingly power of
BONO'RUM RAPTO'RUMACTIO. LFvU-  the Heracleidae, in conjunction with the "epovoia
TUr.]                                              [GEROUSIA], or assembly of elders, of which the
BOO'NAE  (/8onz'at), persons in Athens who  kings were members.  A.t Athens, there were two
purchased oxen for the public sacrifices and feasts.  councils, one usually called the Areiopagus from
They are spoken of by Demosthenes (c. Mfid. p. its meeting on the hill of Ares ('I Et''Apei? 7rdcyW
570) in conjunction with the 1epor0oLoL and those,Boi)X4), which was mare of an aristocratical chawho presided over the mysteries, and are ranked  racter, and is spoken of under AREIOPAGUS, and
by Libanius (Declarr. viAi.) with the sitonae, gene.- the other called Ttie Council or Senate of' the Fi'e
rals, and ambassadors.  Their office is spoken of as  Htundred (oi Ari' mrerag6coo   v ic   ouXA), or simuply
honourable by Harpocration (s..);  but Pollux  Th/e CouZcil or S7&ncate (4 BovAX), which, was a
P,




21.0-.            BOULE.                                            BOULE.
representative, and in most respects a popular body  Prytanes (rpvTrdceEs), and were all of the same
(,i3, ourmitl).  It is of the latter council that the  tribe; they acted as presidents both of the council
fdlio wing article treats.                       and the assemblies during 35 or 36 days, as the
Its first institution is generally attributed to  case might be, so as to complete the lunar year of
Solon. There are, however, strong reasons for sup-  354 days (12 x 29k).  Each tribe exercised these
posing that, as in the case of the areiopagus, he  functions in turn, and the period of office was called
merely modified the constitution of a body which  a Prytany (rpvuravela).  The turn of each tribe
he found already existing.  In the first place it is  was determined by lot, and the four supernumerary
improbable, and in fact almost inconsistent with  days were given to the tribes which came last in
the existence of any government, except an abso-  order. (Clinton, F. H. vol. ii. p. 346.)  Moreover
lute monarchy, to suppose that there was no  to obviate the difficulty of having too many in
such  council.  Besides this, Herodotus (v. 71)  office at once, every fifty was subdivided into five
tells us that in the time of Cylon (B. C. 620), bodies of ten each;its prytany also being portioned
Athens was under the direction of the presidents  out into five periods of seven days each: so that
of the Naucraries (atcpaplai), the number of only ten senators presided for a week over the rest,
which was forty-eight, twelve out of each of the  and were thence called P-oedri (7rpdeopoi). Again,
four tribes.  Moreover, we read of the case of the  out of these proedri an Elpistates (EirWrcda7s) was
Alcmaeonidae being referred to an aristocratical chosen for every day in the week to preside as a
tribunal of 300 persons, and that Isa.goras, the  chairman in the senate, and the assembly of the
leader of the aristocratic party at Athens, endea- people; during his day of office he kept the pubvoured to suppress the council, or [boveX, which  lic records and seal.
Cleisthenes had raised to 600 in number, and to    The prytanes had the right of convening the
vest the government in the hands of 300 of his  council and the assembly (E'cKKXita).  The duty
ownn party. (Herod. v. 72; Plut. Sol. 12.) This, of the proedri and their president was to propose
as Thirlwall (Hist. of Geece, vol. ii. p. 41) re-  subjects for discussion, and to take the votes both
marks, can hardly have been a chance coincidence:  of the councillors and the people; for neglect of
and he also suggests that there may have been two  their duty they were liable to a fine.  (Dem. c.
councils, one a smaller body, like the Spartan  Timnocr. p. 703-707.)   Moreover, whenever a,yepovuia, and the other a general'assembly of the  meeting, either of the council or the assembly,
Eupatrids; thus corresponding, one to the senatus, was convened, the chairman of the proedri selected
the other to the comitia curiata, or assembly of the  by lot nine others, one from each of the non-preburghers at Rome.  But be this as it may, it is  siding tribes: these also were called proedri and
admitted that Solon made the number of his [ovXo  possessed a chairman of their own, likewise ap400, taking the members from the three first classes, pointed by lot from among themselves.  On their
100 from each of the four tribes.  On the tribes  functions, and the probable object of their appointbeing remodelled by Cleisthenes (B. c. 510), and  ment, some remarks are made in the latter part of
raised to tenll in number, the council also was in- this article.
creased to 500, fifty being taken from each of the    We now proceed to speak of the duties of the
ten tribes.  It is doubtful whether the PovAhvTeaL, senate as a body.  It is observed under the AitEioor councillors, were at first appointed by lot, as  PAGus that the chief object of Solon in forming the
they were afterwards; but as it is stated to have  senate and the areiopagus was to control the debeen Solon's wish to make the PovMX a restraint mocratical powers of the state; for this purpose
upon the people, and as he is, moreover, said to  Solon ordained that the senate should discuss and
have chosen (Eir1Xe~diceos, Pabt. Sol. 19) 100  vote upon all matters before they were submitted
members from each of the tribes, it seems reason- to the assembly, so that nothing could be laid beable to suppose that they were elected, more espe- fore the people on which the senate had not come
cially when there is no evidence to the contrary. to a previous decision.  This decision, or bill, was
(Thirlwall, vol. ii. p. 42.)  It is at any rate cer - called Probouleuima (rpofodXEv1Aa), and if the astain that an election, where the eupatrids might sembly had been obliged either to acquiesce in any
have used influence, would have been more favour-  such proposition, or to gain the consent of the senate
able to Solon's views, than an appointment by lot. to their modification of it, the assembly and the
But whatever was the practice originally, it is well senate would then have been almost equal powers
known that the appointment was in after times  in the state, and nearly related to each other, as
made by lot, as is indicated by the title (ol &arb  our two houses of parliament.  But besides the'roi icviapov 03ovAeraeL), suggested by the use of option of adopting or rejecting a wrpoeovAeVu/a, or
beans in drawing the lots. (Thuc. viii. 69.) The'(piola as it was sometimes called, the people
individuals thus appointed were required to submit possessed and exercised the power of coming to a
to a scrutiny, or otcqyaota, in which they gave  decision completely different from the will of the
evidence of being genuine citizens (?yv&,eo Et  ( senate, as expressed in the 7rpofob6Xev/ua.  Thus in
dtcpo0v), of never having lost their civic rights by  matters relating to peace and war, and confederacies,
cr,u-ia, and also of being above 30 years of age. it was the duty of the senators to watch over the
They remained in office for a year, receiving a  interests of the state, and they could initiate whatdrachma (lcuLObs 3ovXemmAETcKs) for each day on  ever measures, and come to whatever resolutions
which they sat: and independent of the general  they might think necessary; but on a discussion
account, or ebOvVam, which the whole body had to  before the people it was competent for any ingive at the end of the year, any single member was  dividual to move a different or even contrary proliable to expulsion for misconduct, by his colleagues. position.  To take an example:- In the Euboean
(Harpocr. s. v.'Ec pvXAAopopl a; Aesch. c  Timarch. war (B. c. 350), in which the Thebans were opposed
p. 15, 43, ed. Steph.)                           to the Athenians, the senate voted that all the
This senate of 500 was divided into ten sections  cavalry in the city should be sent out to assist the
of fifty each, the members of which were called  forces then besieged at Tamynae; a.rpoo6hAevaa




BOULE.                                           BIOULE.                  211
to this effect was proposed to the people, but they  formnula ae6dXOat m-yi jovA. ical tr    1qyj.  Tile
decided that the cavairy were not wanted, and the  reader is referred to Demosthenes, De Corona, for
expedition was not undertaken.  Other instances  examples.  After B. c. 325, another form was used,
of this kind occur in Xenophon.  (Hell. i. 7. ~ 9, which continued unaltered till the latest times.
vii. 1 ~ 2.)                                     (Schbimann, p. 136, transl.)
In addition to the bills which it was the duty of    Mention has just been made of the?ypaotJaTEbus,
the senate to propose of their own accord, there were  whose name was affixed to the  qjln'ogta'a, as in
others of a different character, viz., such as any  the example given above.  He was a clerk chosen
private individual might wish to have submitted to  by lot by the senate, in every prytany, for the purthe people.  To accomplish this it was first neces- pose of keeping the records, and resolutions passed
sary for the party to obtain, by petition, the privi- during that period; he was called the clerk aclege of access to the senate (7rpdoo-ov ypaia40aa), cording to the prytany ( scaoar 7rpvTavem'av), and
and leave to propose his motion; and if the mea- the name of the clerk of the first prytany was
sure met with their approbation, he could then  sometimes used to designate the year.  (Pollux,
submit it to the assembly.  (Dem. c. Timocr. p. viii. 98; BMckh, Peubl. Ecosn. of Atlenes, p. 186,
715.)  Proposals of this kind, which had the  2nd ed.)
sanction of the senate, were also called 7rpoGovAXe-    With respect to the power of the senate, it nuist
puaoa, and frequently related to the conferring of be clearly understood that, except in cases of small
some particular honour or privilege upon an indi- importance, they had only the right of originating,
vidual. Thus the proposal of Ctesiphon for crown- not of finally deciding on public questions.  Since,
ing Demosthenes is so styled, as also that of Aris- however, the senators were convened by the prytocrates for conferring extraordinary privileges on. tanes every day, except on festivals or &peTros
Charidemus, an Athenian commander in Thrace.?'j/e'pam (Pollux, viii. 95), it is obvious that there
Any umeasure of this sort, which was thus approved  would be fit recipients of any intelligence affectof by the senate, was then submitted to the people, ing the interests of the state, and it is admitted
and by them simply adopted or rejected; and " it that they had the right of proposing any measure
is in these and similar cases, that the statement of to meet the emnergency; for example, we find that
the grammarians is true, that no law or measure  Demosthenes gives them an account of the conduct
could be presented for ratification by the people  of Aeschines and himself, when sent out as ambaswithout the previous approbation of the senate, by  sadors to Philip, in consequence of which they prowhich it assumed the form of a decree passed by  pose a bill to the people. Again, when Philip seized
that body."  (Schbmann, De Comnitiis, p. 103, on Elateia (B. C. 338), the senate was immediately
trans!.)                                         called together by the prytanes to determine what
In the assembly the bill of the senate was first was best to be done.  (Dem. De Fal. Leg. p.
read, perhaps by the crier, after the introductory  346, De Cor. p. 284.)  But, besides possessing the
ceremonies were over; and then the proedri put initiatory power of which we have spoken, the
the question to the people, whether they approved  senate was sometimes delegated by the people to
of it, or wished to give the subject further delibera-  determine absolutely about particular matters, withtion. (Aristoph.T/hes.290.) The people declared their out reference to the assembly.  Thus we are told
will by a show of hands (erpoxeLpovorva).  Some- (Dem. De cFal. Leg. p. 389) that the people gave
times, however, the bill was not proposed and ex- the senate power to decide about sending ambasplained by one of the proedri, but by a private in- sadors to Philip;  and Andocides (lepl Mvo-re7dividual —either the original applicant for leave  pLowv) informs us that the senate was invested
to bring forward the measure, or a senator distin-  with absolute authority (i  yhap avnToCpaci-np), to
guished for oratorical power.  Examples of this  investigate the outrages committed upon the statues
are given by Schimann (De Coes. p. 106, transl.). of Hermes, previously to the sailing of the Sicilian
If the 7rpo0ovXeuvLa of the senate were rejected by  expedition.
the people, it was of course null and void. If it hap-    Sometimes also the senate was empowered to
pened that it was neither confirmed nor rejected, act in conjunction with the nomothetae (o'vssoit was E&rE-trEov, that is, only remained in force  -oOeT'es), as on the revision of the laws after
during the year the senate was in office.  (Dem. the expulsion of the Thirty by Thrasybulus and
c. Aris. p. 651.)  If it was confirmed it became a  his party, B. c. 403.  (Andoc. De Myst. p. 12;
y  ~mzOua, or decree of the people, binding upon all Dem. c. Tinzocr. p. 708.)  Moreover, it was the
classes.  The form  for drawing up such decrees province of the senate to receive et'ayeAiEt, or
varied in different ages.  Before the archonship of informations of extraordinary crimes committed
Eucleides (B. c. 403), they were generally headed  against the state, and for which there was no speby the formula — E6oSe T?-7 fovuxl Kal Trt 68EtW/: cial law provided.  The senate in such cases either
then the tribe was mentioned in whose prytany  decided themselves, or referred the case to one of
the decree was passed; then the names of the  the courts of the heliaea, especially if they thought
7ypaeguarevs or scribe, and chairman; and lastly that it required a higher penalty than it was competent
of the author of the resolution.  Examples of this for them  to impose, viz., 500 drachmae.  It was
form occur in Andocides (Deo Mlyst. p. 13): thus-  also their duty to decide on the qualification of
%Ebose s0.     foovl ecal 7', 4 C1ep,o AlasrTs rprcm'evs, maagistrates, and the character of members of their
KAeo'ye'rms iEypae iraC TevE BoyOhms ereTrciErTe, -dre  own body.  But besides the duties we have enuA/Optaos o'vvmE'ypaeV.  (Comp. Thuc. iv. 118.) mIerated, the senate discharged important functions
From  the archonship of Eucleides till about B. c. in cases of finance.  All legislative authority, in325, the decrees commence with the name of the  deed, in such matters rested with the people, the
archon; then come the day of the month, the tribe  amount of expenditure and the sources of revenue
in office, and lastly the name of the proposer.  The  being determined  by the  decrees which  they
motive for passing the decree is next stated; and  passed; but the admninistration was entrusted to
then follows the decree itself, prefaced with the  the senate, as the executive p:ower of the state,




212                 BOULE.                                             BOULE.
and responsible (rsEv0duvos) to the people.  Thus I those days, arrive at any conclusions relative to the
Xenophon (De Rep. A th. iii. 2) tells us that the  customs of former ages.
senate was occupied with providing money, with    If it is asked what, then, were the duties of these
receiving the tribute, and with the management of proedri in earlier times, the answer must be in a
naval affairs and the temples; and Lysias (c. great measure conjectural; but the opinion ot
Nicomn. p. 185) makes the following remark: --  Schimann on this point seems very plausible.  He
" When the senate has sufficient money for the  observes that the prytanes had extensive and iamadministration of affairs, it does nothing wrong; portant duties entrusted to them.; that they were
but when it is in want of funds, it receives in- all of one tribe, and therefore closely connected;
formations, and confiscates the property of the  that they officiated for 35 days as presidents of the
citizens."  The letting of the duties (TerAovac ) was  representatives of the other tribes; and that they
also under its superintendence, and those who  had ample opportunities of combining for the benewere in possession of any sacred or public moneys  fit of their own tribe at the expense of the commu('EPC  fiCact oIea)'  were bound to pay them  into  nity.  To prevent this, and watch their conduct
the senate-house; and in default of payment, the  whenever any business was brought before the
senate had the power of enforcing it, in conformity  senate and assembly, may have been the reason for
with the laws for the farming of the duties (or  appointing, by lot, nine other quasi-presidents, reTEACWVLKOo  Y6oOL).  The accounts of the moneys  presentatives of the non-presiding tribes, who would
that had been received, and of those still re- protest and interfere, or approve and sanction as
maining due, were delivered to the senate by the  they might think fit.  Supposing this to have been
apodectae, or public treasurers.  [APonDCTAE.]  the object of their appointment in the first instance.
" The senate arranged also the application of the  it is easy to see how they might at last have been
public money, even in trifling matters, such as the  united with the proper proedri, in the performance
salary of the poets; the superintendence of the  of duties originally appropriated to the latter.
cavalry maintained by the state, and the ex-    In connection with the proedri we meet with
amination of the infirm  (a5vaeroi) supported by  the expression X/ 7rpos8pe6ova a (rpuv.  Our inthe state, are particularly mentioned among its formation on this subject is derived from the speech
duties; the public debts were also paid under its  of Aeschines against Timarchus, who informs us,
direction. From this enumeration we are justified in  that in consequence of the unseemly conduct of
inferring that all questions of finance were confided  Tiluarchus, on one occasion, before the assembly,
to its supreme regulation."  (BMckh, Pzbl. Econ. a new law was passed, in virtue of which, a tribe
of Athens, p. 154, 2nd ed.)  Another very im-  was chosen by lot to keep order, and sit as presiportant duty of the senators was to take care that dents under the Bilua, or platform on which the
a certain number of triremes was built every year, orators stood.  No renmark is made on the subject
for which purpose they were supplied with money  to warrant us in supposing that senators only were
by the state; in default of so doing, they were not elected to this office; it seems more probable that
allowed to claimr the honour of wearing a crown,:a certain.number of persons was chosen from  the
or chaplet (rfTem'avos) -at the expiration of their tribe on which the lot had fallen, and commissioned
year of office.  (Arg. Orat. c. Androt.)          to sit along with the prytales and the proedri, and
It has been already stated that there were two  that they assisted in keeping order.  We may
classes or sets of proedri in the senate, one of here remark that if (any of the speakers (P'iropes)
which, amounting to ten in number, belonged to  misconducted themselves either in the senate or
the presiding tribe.; the other consisted of nine, the assembly, or were guilty of any act of violence
chosen by lot by the chairman of the presiding  to the Eo7rloTrciTr,, after the breaking up of either,
proedri from  the nine non-presiding tribes, one  the proedri had the power to inflict a summary
from each, as often as either the senate or the peo- fine, or bring the matter before the senate and
pie were convened.  It must be remembered that assembly at the next meeting, if they thought the
they were not elected as the other proedri, for case required it.
seven days, but only for as many hours as the    The meetings of the senate were, as we learn
session of the senate, or meeting of the people, from various passages of the Attic orators, open to
lasted.  Now it has been a question what were  strangers; thus Demosthenes (De FCa. Leg. p. 346)
the respective duties of these two classes: bt t ktsays that the senate-house was, on a particular ocappears clear to us that it was the proedri of the  casion, full of strangers (eErhT  Xb v {, ialWTWo): in
preszding  tribe who proposed to the people in  Aeschines (c. CLes. p. 71. 20) we read of a motion
assembly, the subjects for discussion; recited, or " that strangers do withdraw" (gesrrlCo'ndzYevo9
caused to be recited, the previous bill (arpoGomv-  Tros i&TSras, Dobree, Advers. vol. i. p. 542). Nay,
voevya) of the senate; officiated -as presidents in  private individuals were sometimes, by a special
conjunction with their iEroTdu7Is, or chairman, and  decree, authorised to come forward and give advice
discharged, in fact, all the functions implied by the  to the senate.  The senate-house was called vb
words XpLtcaTeL'EVw 7rp6s TbV 8ipov-.  For ample  BovuXurTpLov, and contained two chapels, one of
arguments in support of this opinion the reader is  ZeVBS PovUXaos, another of'Afvia 1ovXaLia, in
referred to Schbmann.  (De Corn. p. 83. transl.)  which it was customary for the senators to offer
It does indeed appear from  decrees furnished by  up certain prayers before proceeding to business.
inscriptions, and other authorities, that in later  (Antiph. De Chor. p. 787.)
time the proedri of the nine tribes exercised some    The prytanes also had a building to hold their
of those functions which the orations of Demos- meetings in, where they were entertained at the
thenes, and his contemporaries, justify us in assign- public expense during their prytany.  This was
ing to the proedri of the presiding tribe.  It must, called the 7rpuraveEov, and was used for a variety
however, be remarked that all such decrees were  of purposes.  [PRYTANEION.]   Thucydides (ii.
passed after B. c. 308, when there were twelve  15), indeed, tells us that before the time of Thetribes; and tlait lwe cannot, from  the practice of seus every city of Attica had its flovuAehrlprto' and




BRACAE.. BRASIDEIA.                  213
rpuvraeYtoI: a statement which gives additional articles of armour and of dress [Ac!NACES, ARacs,
support to the opinion that Solosn did not originate  ARaMILLA],  were common to all the nations which
the senate at Athens.                              eieircled the Greek and  Roman population, exThe number of tribes at Athens was net always  tending from  the Indian to the Atlantic ocean.
ten; an alteration took place in n. c. 306, when  Hence Aristagoras, king of Miletus, in his inter.
Demetrius Poliorcetes had liberated the city from  view with Cleomenes, king of Sparta, described
the usurpation of Cassander.   Two were then  the attire of a large portion of them in these terms:
added, and called D.emetrias, and Antigonis, ill -'LThey carry bows and a short spear, and go
honour of Demetrius and his father.  It is evident to battle in trowsers and with hats upon their
that this change, and the consequent addition of heads."  (Herod. v. 49..)  Hence also the phrase
100 members to the senate, must have varied the  Braccati msilitis arcas, signisying that those who
order and length of the prytanes.  The tribes just  wore trowsers were in general armed with the
mentioned were afterwards called Ptolemais and  bow.  (Propert. iii. 3. 17.)  In particular, we
Attalis; and in the time of Hadrian, who beau- are informed of the use of trowsers or pantaloons
tified and improved Athens (Paus. i. 18. ~ 6), a  among the following nations:   the Medes and
thirteenth was added, called from  him  Hadrianis.  Persians; the Parthians; the Phrygians;  the
An edict of this emperor hbasbeen preserved, which  Saca; the Sarmatae;  the Dacians and Getae;
proves that even in his time the Athenians kept up  the Teutones; the  elgaee; the Britons; and the
the show of their former institutions.  (Hermann, Gauls.
Griecl. Staatsalltert/. ~ 125, &c.; Schimann, De    T'he Latin word blaseccae is the same as tile
Com7itiis AthelvieesiZrl,.)           [R. W.]    Scottish " breeks " and the Engl;iseh " bre-ches."
BOULEUISEOS   GRAPHE'  (,3ovXEsvBeWos  Corresponding. terms are used in all the northern,paeps), an impeachment for conspiracy.  BoivXe'- languages.  Also the Cossack and Persian trowsers
oEcos; being in this case the abbreviated form  of of the present day differ in no matevial respect
iE7roviXereos, is the name of two widely different fiom those which were anciently worn in, the same
actions at Attic law.  The first was the accusation  coulitries.  IIi ancient mnonuments we find the
of conspiracy against life, and might be instituted  above-mentioned people constantly  exhibited  in
by the person thereby attacked, if competent to  trowseers, thus clearly distillguishing them  from
bring an action; if otherwise, by his or her legal Greeks and Romans.  An example is seen in the
patron (rcp'los).  In case of the plot having sac- annexed group of Sarumatians, taken fiom  the co.~
ceeded, the deceased might be represented in the  lumn of Trajan.
prosecution by nearkinsmen (of vs'rbS &,Ve16T'dr'os),
or, if they wese incompetent, by tlhe rxuplos, as
above mentioned. (Meier, Att. Proc. p. 164.) The  -
criminality of the accused was independent of the
result of the conspiracy (Harpocrat.), and the                     j 
penalty, upon conviction, was the same as that
incurred by the actual murdlerers.  (Andoc. De         i J
1fyst. p. 46. 5.)  The presidency of the court upoIn
a trial of this kind, as in most 6lKat povmtca, be-     B    i                  i
longed to the king archon (Meier, Att. Ptroc.
p. 312), and the court itself was composed of the!/            i l        / 
ephetae, sitting at the Palladium, according to
who, however, also mentions that the areiopaifs 
is stated by Deinarchls to have been the prlapelr                                1
tribuisal.
The other action,  XotsAecoews, was available        /  (L _V                  /
upon a person finding himself wrongfully inscribel 
as a state debtor in the registers, or rolls, which
were kept by the different financial officers. Meier    Trowsers -were priscipallv woollen; but Agathias
(Att. Proo. p. 339), however, suggests that a ma- states (Hist. ii. 5) that in Europe they were also
gistrate that had so offended, would probably be  made of linen mrl of leather; probably the Asiaties
proceeded against at the eiOuevae, or iErLxeIporoYvLat,  made them -of cotton and of silk.  Sometimes they
the two occasions upon which the public conduct of' were striped (vriatae, Propert. iv. 11. 43), and
mlagistrates was examined; so that generally the-  rnamented witt a woof of various colours (7roecial,
defendant in this action would be a private citizen  Xen. Analb. i. 5. ~ 8).  The Greeks seem never to
that had directed such: an insretiort at Isis own; have worn them.  They were also unknown at
peril.  From the passage in Demosthenes, it seems  Rome during the republican period; and in A. D.
doubtful whethc r t.he disenfranchisement (a-mlefa)  69 Caecina gave great offence on his march into
of the plaintiff as a sta-te-debtor was in abeyance  Italy, because he wore bracceae, which were rovwhile this action was pending.  Demosthenes at garded as tegmsien barbaruzmz.  (Tac. His. ii. 20,)
first asserts (c. Aristog. i. p. 778. 19), but after-  In the next century, however, they gradually came
wards (p. 792. 1) aryues that it was not.  (See, into use at Rome; but they would appear never to
however, Meier, Att. Proc. p. 340, and Bidckh's  have been genlerally: wvon,  It ia recorded of
note.)  The distinction between this action anid  Alexander Severus that he wore white braccae,
the similar one  EsUEs-yypaars, is explained under  and not crimson ones (ccciuecae), as had been the
the latter title.                   [J. S. M.]    custom with. preceding emperors.  The use of theus
BOULEUTE'RION.   [BoULE, p 212, b.]   in thle city was forbidden by Ilovorius. (Lamprid.
BRACAE or BRACCAE (&vauvpi&es), trowv- Ale, Scever. 40.)                               [J, Y.}
sers, pantaloons.  These, as well as various  otherI   BRASIDEIA (taaaelea), a festiv-al celebrated
P 3




214            BRAURTONIA.                                      BRIEVIARIUMI.
at Sparta ill honour of their great general Brasidas, remain uncertain, although the very different chawho, after his death, in B.c. 422, received the  racters of the two festivals incline'us rather to
honours of a hero.  (Pans. iii. 14. ~ 1; Aristot. believe that they were not celebrated at the same
FitJ. Nice. v. 7.)  It was held every year with  time.  According to Hlesychius, whose statement,
orations and contests, in which none but Spartans  however, is not supported by any ancient authority,
were allowed to partake.                         the Iliad was recited at the Brauronian festival of
Brasideia were also celebrated at Amphipolis,  Dionysus by rhapsodists.  (Comp. HIemsterlh. ad
which, though a colony of Athens, transferred the  PollUcem, ix. 74; Welcker, Der Epische  ycleus,
honour of Tcr[o'T's from Hagnon to Brasidas, who  p. 391.)                              [L. S.]
was buried there, and paid him heroic honours by    BREVIA'RIUM, or BREVIA'RIUM  ALAan annual festival with sacrifices and contests.  RICIA'NUM.  Alaric the Second, king of the
(Thucyd. v. 11.)                      [L. S.]    Visigoths, who reigned from A. D. 484 to A. D. 507,
BRAURO'NIA  (f3pavp'mta), a festival cele-  in the twenty-second year of his reign (A. D. 506)
brated is honour of Artemis Brauronia, in the  commissioned a body of jurists, probably Romans,
Attic town of Brauron (Herod. vi. 138), where, to make a selection from the Roman laws and the
according to Pausanias (i. 23. ~ 9, 33. ~ 1, iii. 16. Roman law writers, which should form a code for
~ 6, viii. 46. ~ 2), Orestes and Iphigeneia, on their  the use of his Roman subjects.  The code, when
return from Tauris, were supposed by the Athenians  made, was confirmed by the bishops and nobility at
to have landed, and left the statue of the Taurian  Aduris (Aire in Gascony); and a copy, signed by
goddess.  (See Miiller, Do'. i. 9. ~ 5 and 6.)  It  Anianus, the referendarius of Alaric, was sent to
was held every fifth year, under the superintend-  each comes, with an order to use no other law or
ence of ten iEpo7roioi (Pollux, viii. 9, 31); and the  legal form in his court (uet in foro ueo nulls alialees
chief solemnity consisted in the circumstaslce that nequejurisfosrmula proferri vel recipi praesumatur).
the Attic girls between the ages of five and ten  The signature of Anianus was for the purpose of
years, dressed in crocus-coloured garments, went in  giving authenticity to the official copies of the code;
solemn procession to the sanctuary (Suidas, s. v. a circumstance which has been so far misunderstood'Ap7ros; Schol. on AristopiA. LIysistr. 646), where  that he has sometimes been considered as the cornthey were consecrated to the goddess.  During  piler of the code, and it has been called Breviarium
this act the FepolroloL sacrificed a goat and the  Aniani.  This code has no peculiar name, so far
girls performed a propitiatory rite in which they  as we know: it was called Lex Romana Visiimitated bears.  This rite may have arisen simply  gothorum, and at a later period, frequently Lex
from the circumstance that the bear was sacred to  Theodosii, from the title of the first and most importArtemis, especially in Arcadia (MiUller, Dor. ii. 9. ant part of its contents.  The name Breviarium, or
~ 3); but a tradition preserved in Suidas (s. v. Breviarium  Alaricianum, does not appear before
VApcTros) relates its origin as follows:-  In the  the sixteenth century.
Attic town of Phanidae a bear was kept, which    The following are the contents of the Breviarium,
was so tame that it was allowed to go about quite  with their order in the code:-  1. Codex Theofreely, and received its food from and among men. dosianus, xvi books. 2. Novellae of Theodosius ii,
One day a girl ventured to play with it, and, on  Valentinian iii, Marcian, Majorian, Severus. 3.
treating the animal rather harshly, it turned round  The Institutions of Gains, ii books.  4. Pauli
and tore her to pieces.  Her brothers, enraged at Receptae Sententiae, v books.  5. Codex Gregothis, went out and killed the bear. The Athenians  rianus, v books.  6. Codex Hermogenianus, i
now  were visited by a plague; and, when they  book.  7. Papinianus, lib. i. ResponsorLm.
consulted the oracle, the answer was given that    The code was thus composed of two kinds of
they would get rid of the evil which had befallen  materials, imperial constitutions, which, both in the
them if they would compel some of their citizens  code itself and the commonitorium or notice preto make their daughters propitiate Artemis by a  fixed to it, are called Leyes; and the writings of
rite called lprErEVeti, for the crime committed  Roman jurists, which are called JAs.  Both the
-against the animal sacred to the goddess.  The  Codex Gregorianus and  Hermogenianus, being
command was more than obeyed; for the Athenians  compilations made without any legal authorityr
decreed that from  thenceforth all women, before  are included under the head of Jus.  The selecthey could marry, should have taken part once in  tions are extracts, which are accompanied with
this festival, and have been consecrated to the  an interpretation, except in the case of the Ingoddess.  Hence the gills themselves were called  stitutions of Gainus; as a general rule, the text, so
tip.c'ro, the consecration &ptrflia, the act of con- far as it was adopted, was not altered.  The Instisecrating aptcTrevEt, and to celebrate the festival tntions of Gaius, however, are abridged or epitoC&pcrTEde0alm.   (Hesych. and  Harpocrat. s. v.; mised, and such alterations as were considered
Schol. on Aristoph. i. c.)  But as the girls when  necessary for the time are introduced into the
they celebrated this festival were nearly ten years  text: this part of the work required no interpreold, the verb 3sEKtaeVer   was sometimes used in- tation, and accordingly it has none.  There are
stead of &pcreTEIV,. (Comp. C. F. Hermann, Ilanzdb. passages in the epitome which are not taken from
desr'ottesdienstl. Alterth. ~ 62. note 9.)       Gaius. (Gaius, iii. 127, ed. Goeschen.)
There was also a qnsinquennial festival called    This code is of considerable value for the history
Brauronia, which was celebrated by men and dis- of Roman law, as it contains several sources of the
solute women, at Brauron, in honour of Dionysus.  Roman law Which are otherwise unknown, especi(Aristoph. Pacs, 870, with the note of the Scho- ally Paulus and the five first books of the Theoliast; (and Suidas s. v. BpavpWS'.)   Whether its  dosian code.  Since the discovery of the Institucelebration took place at the same time as that of tions of Gaius, that part of this code is of less
Artemis Brauronia (as has been supposed  by  value.
Miiller, Dor-. ii. 9. ~ 5, in a note, which has, how-    The arthor of the Epitome of Gains in the
ever, been omnitted in the English translation), must Breviarium  paid little attention to retaining thel




BUCCINA.                                             BULIA;                  A2i5'words of the original, and a comparison of the  made.  In later times it was carved from horn,
Epitome and the MS. of Gaius is therefore of little  and perhaps from  wood or metal, so as to imitate
advantage in this point of view.  The Epitome is, the shell.  The buccina was chiefly used to prohowever, still useful in showing what subjects were  claim the watches of the day (Senec. Tglyest. 798)
discussed in Gaius, and thus filling up (so far as  and of the night, hence called buccina prima, Sethe material contents are concerned) some of the  cunda, &c.  (Polyb. xiv. 3; Liv. xxvi. 15; Sil.
lacunae of the Verona MS.                          Ital. vii. 154; Propert. iv. 4. 63; Cic. Pro J11ur.
A complete edition of this code was published  9.)  It was also blown at funerals, and at festive
by Sichard, in his Codex Theodosianus, Basileae, entertainments both before sitting down to table
1528, small folio. (Schulting, Jurisprudentia Vetus and after. (Tacit. Ann. xv. 30.)  Macrobius (i. 8)
Ante-Jsustinianea, Lugd. Bat. 1717; Jus Civile  tells us that tritons holding buccinae were fixed on
AntejustinianeuZm, Berlin, 1815; Julii Paulli Re-  the roof of the temple of Saturn.
cept. Sentent. Lib. v. ed. Arndts, Bonn, 1833;    The musician who played the buccinas was called
Savigny, Geschiclmte des Riism. Rechts im llittelalter. bseccisator.                       [B. J.]
ii. c. 8; BNcking, Institutionen, i. 90, &c.; Gaius,    BULLA, a circular plate or boss of metal, so
Praefatio Primane Editioni Praemissa.)   [G. L.]  called from its resemblance in form to a bubble
BRUTTIA'NI, slaves whose duty it was to  floating upon water.  Bright studs of this descripwait upon the Roman magistrates.  They are said  tion were used to adorn the sword-belt (aurceca
to have been originally taken from  among the  sbullis cingdlt, Virg. Aen. ix.. 359; bidllis aspler
Bruttians, because this people continued from first balteus, Sid. Apoll. Caren. 2).  Another use of
to last faithful to Hannibal (Festus, s. v. Bruttiani;  them was in doors, the parts of which were fasGell. x. 3); but Niebuhr (Hist. of Rome, vol. iii. tened together by brass-headed, or even by goldnote 944) is disposed to think that these servants  headed nails.  (Plaut. A sin. ii. 4, 20; Cic. Verr.
bore this name long before, since both Strabo (vi. iv. 56.)   The magnificent bronze doors of the
p. 255) and Diodorus (xvi. 15) state that this word  Pantheon at Rome are enriched with highly ornasignified revolted slaves.                         mented bosses, some of which are here shown.
BU/CCINA  (UBvlcdvn), a kind of horn-trumpet,
anciently made out of a shell.  It is thus happily
described by Ovid (Met. i. 335):-  
cc Cava buccina sumitur illi       i
Tortilis, in latum quae turbine crescit ab imo:
Buccina, quae in medio concepit ut aera ponto,        - 
Littora voce replet sub utroque jacentia Phoebo."                    - 
The musical instrument buccina nearly resembled
in shape the shell buccinusm, and, like it, might    We most frequently read, however, of bullae as
almost be described from the above lines (in the  ornaments worn by children suspended from the
language of conchologists), as spiral and gibbous. neck, and especially by the sons of the noble and
The two drawings in the annexed woodcut agree  wealthy.  Such a one is called heres buellatus by
with this account. In the first, taken from a frieze  Juvenal (Sat. xiv. 4).  His bulla was made of thin
(Burney's History of i2issic, vol. i. pl. 6), the  plates of gold.  Its usual form  is shown in the
buccisla is curved for the convenience of the per- annexed woodcut, which represents a fine bulla
former, with a very wide mouth, to diffuse and  preserved in the British Museum, and is of the
increase the sound.  In the next, a copy of (an  size of the original.
ancient sculpture taken from Blanchini's work (De
Mulsicis Instsrumz. Veterusm, p. 1 5. pl. 2, 18), it still
retains the original form of the shell.                                    C
-\   /
The inscriptions quoted by Bartholini (De Tibiis,
p. 226) seem to prove that the bzuccina was distinct    The use of the bulla, like that of the praetexta,
from  the cornue; but it is often (as in Aen. vii.  was derived from  the Etruscans, whence it is
519) confounded with it.  The buccina seems to  called by Juvenal (v. 164) auezmi Etruscumn.  It
have been chiefly distinguished by the twisted  was originally worn only by the children of the
form  of the shell, from  which it was originally  patricians, but subsequently by all of free birth (Cic.
P 4




216                B3YSSUS.                                        CA CABUS.
VFerr. i. 58); while children of the liberitili were  xviii. 12.) It was sometimes dyed of a purple or
only permitted to wear an ornament of the same  crimson colour (6o'olrvvor  roppvpov,, Hesych.).
kind made of leather (nod22s tantune et signumsn de  Pliny (xix. 4) speaks of it as a species of flax
paqspere loro, Jnv. v. 165; libertitis scor-tea, Ascon. (linens), and says that it served mulierunz  maxime
ad Cic. 1. c.).  The bulla was laid aside, together deliciis.  (Yates, Textrinum Antiquorum, p. 267,
with the praetexta, and was consecrated on this  &c.)
occasion to the Lares.  (Pers. v. 31.)  Examples
of boys represented with the bulla are not unfrequent in statues, on tombs, and in other works of                     C. K.
art.  (Spon, MIisc. p. 299; Middleton, Ant. MoIon.
tab. 3.)                              [J. Y.]       CABEI'RIA(tagCepta),mysteries, festivals, and
BURIS.  [AnATRUM.]                             orgies solemnised in all places in which the PelasBUSTUA'RII.  [FuNus.]                          gian Cabeiri, the most mysterious and perplexing
BUSTUM.  [FUNUS.]                              deities of Grecian mythology, were worshipped,
BUXUM (7r'Sos), properly means the wood of but especially in Samothrace, Imbros, Lemnos,
the box tree, but was given as a name to many  Thebes, Anthedon, Pergamus, and Berytos. (Pans.
things made of this wood.  The tablets used for ix. 25. ~ 5, iv. ]. ~ 5, ix. 22. ~ 5, i. 4. ~ 6; Euseb.
writing on, and covered with wax (tabulae ceaetee), Praep. Evang. p. 31.)  Little is known respecting
were usually made of this wood.  Hence we read  the rites observed in these mysteries, as no one was
in Propertius (iii. 22. 8), " Vulgari buxo sordida  allowed to divulge them.  (Strabo, x. p. 470, &c;
cera fuit."  These tabellae were sometimes called  Apollon. Rhod. i. 917; Orph. Aryon. 469; Valer.
cerata brxa.  In the same way the Greek irvtlfoz, Flacc. ii. 435.)  Diagoras is said to have provoked
formed from  7rios, " box-wood," came to be ap- the highest indignation of the Athenians by his
plied to any tablets, whether they were made of having made these and other mysteries public.
this wood or any other substance; in which sense  (Athenag. Leg. ii. 5.)  The most celebrated were
the word occurs in the Septuagint (rah rvuia ~r  those of the island of Samothrace, which, if we
MAiOa, Exod. xxiv. 12; compare Is. xxx. 8; Hac. may judge from those of Lemnos, were solemnised
ii. 2).                                          every year, and lasted for nine days.  The admisTops were made of box-wood (volzlTile  zsxuzm, sion was not confined to men, for we find instances
Virg. Aen. vii. 382; Pers. iii. 51); and also all of women and boys being initiated.  (Schol. ad
Rwind instruments, especially the flute, as is the case  El-ip. l-'oen. 7; Plut. Alex. 2; Donatus ad Terent,
in the present day (Ov. Ex Pont. i. 1. 45,.llet. xii. P /zorm. i. 15.)  Persons on their admission seem
158, Fast. vi. 697; Virg. Ace. ix. 619).  Combs  to have undergone a sort of examination respectalso were made of the same wood; whence Juvenal ing the life they had led hitherto (Plut. Laced.
(xiv. 194) speaks of caput inactum? buxro.       Apopldlt. Antalcid. p. 141. ed. Tauchnitz), and
BYSSUS (/3o'voes).  It has been a subject of were then purified of all their crimes, even if they
some dispute whether the byssus of the ancients  had committed murder.  (Livy. xlv. 5; Schol. ad
was cotton or linen.  HIeroldotus (ii. 86) says that  Tlieocrit. ii. 12; Hesych. s. v. Koi-qs.)  The priest
the mummies were wrapped up in lyqssine sindon  who undertook the purification of murderers bore
(omvadvos f3uoevs Em,i TEiXajOC ), which Rosellini the name of KO'-Ts.  The persons who were iniand many modern writers maintain to be cotton. tiated received a purple ribbon, which was worn
The only decisive test, however, as to the material around their bodies as an amulet to preserve them
of mummy cloth is the microscope; and from the  against all dangers and storms of the sea.  (Schol.
numerous examinations which have been made, it ad Apollon. 1. c.; Diodor. v. 49.)
is quite certain that the mummy cloth was made    Respecting the Lennian Caleiria we know that
of flax and not of cotton, and therefore whenever  their annual celebration took place at night (Cic.
the ancient writers apply the trmn byssus to the  De NAt. Deeor. i. 42), and lasted for nine days,
mummy cloth, we must understand it to mean  during which all fires of the island, which were
linen,                                           thought to be impure, were extinguished, sacrifices
The word byssus appears to come from the  were offered to the dead, and a sacred vessel was
Hebrew  butz, and the Greeks probably got it sent out to fetch new fire from Delos. During these
through the Phoenicians.  (See Gesenius's 27se- sacrifices the Cabeiri were thought to be absent with
sam'us.)  Pausanias (vi. 26. ~ 4) says that the  the sacred vessel; after the return of which, the
district of Elis was well adapted for growing  pure fire was distributed, and a new life began,
byssus, and remarks that all the people, whose  probably with banquets. (Schol. ad Apollon. RMod.
land is adapted for it, sow hemp, flax, and byssus. i. 608.)
In another passage (v. 5. ~ 2) he says that Elis is    The great celebrity of the Samothracian maysthe only place in Greece in which byssus grows, teries seem  to have obscured and thrown into oband remarks that the byssus of Elis is not inferior livion those of Lemnos, from which Pythagoras is
to that of the Hebrews in fineness, but not so yel- said to have derived a part of his wisdom.  (Iamlow (~ayO -). The wonmen in Patrae gained their blich. Vit. Pibth. c. 151; compare Miller's Prolego
living by making head-dresses (1cercptqanAo,), and  mena, p. 150.)  Concerning the celebration of the
weaving  cloth from  the byssus gromn iu Elis.  Cabeiria in other places nothing is known, and they
(Paus. vii. 21. ~ 7.)                           seem  to have fallen into decay at a very early
Among later writers, the word byssus may per- period.  (Comp. Guthberlet, De Msysteriis Deorerm
haps be used to indicate either cotton or linen  Ccabirorumn Franequerae, 1704, 4to.; Welcker, Die
cloth.  Bittiger (Sabina, vol. ii. p 105) supposes  Aeseleyl. Tril. p. 160, &c.; E. G. Haupt, De Relithat the byssus was a kind of muslin, which was gione Cabiriaca, 1834, 4to.; Lobeck, Aglaophamnes,
employed in making the celebrated Coan garments. p. 1 281, &c.; Kenrick, Tze Egypt of-Iereod, p. 264,
It is mentioned in the Gospel of St. Luke (xvi. 9)  &c.)                              [L. S.]
as part of the dress of a rich mnan. (Compare Rer.    CACA3US.  [AtsTHePsA.]




RAKOSIS.                                  KAKOTECHNION DIKE.  1217
RAKEGO'RIAS DIKE' (tcatclpoylas B[ctr),  wives-the marriage duties; for by a law of Solon,
was an action for abusive language in the Attic  the husband was bound to visit his wife three
courts.  This action is likewise called  eaKticryopiov  times every month, at least if she was all heiress.
outscs (Dem. c. Alid. p. 544), Aoslopias aKt1s (3u(Kwso  (Plut. Sol. 20, Erotic. 23.)  In the comedy of:otaopias, Aristoph. VesT. 1207), and KaKeooyi1oas  Cratinus, called the "Wine Flask" (EvTryvs),
h'c1.  This action could be brought against an  Comedy was represented as the wife of Cratinus,
individual who applied to another certain abusive  who brought an action against him because he negepithets, such as &av'p6qoo'os, 7rarpaXoeas, &c., lected her and devoted all his attention to the
which were included under the general name of wine flask.  (Schol. ad AristoplI. Equit. 399.)
a7roppOsTa.  [APORRHETA.]  It was no justifica-    3. Kdasc'ws Tov erLcXSpw,      was committed by
tion that these words were spoken in anger. (Lys. the nearest relatives of poor heiresses, who neither
c. T/leomn. pp. 372, 373.)  By a law of Solon it married them themselves, nor gave them  a dowry
was also forbidden to speak evil of the dead; and if in crder to marry them  to persons of their ownl
a person did so, he was liable to this action, which  rank in life (Dem. c. M5acart. p. 1076; Harpocr. s. S.
could be brought against him by the nearest rela-'EsirL'sKos, 0FTES; Sulid. Phot. S.. 07. vTvs); or, if
tion of the deceased.  (Dem. c. Leptin. p. 488, c. they married them themselves, did not perform the
Boeot. p. 1022; Plut. Sol. c. 21.) If an individual marriage duties.  (Plut. Sol. 20.)
abused anly one who was engaged in any public    4. KdKUccous TOYwv oppaCt    [ral XPscOpevUou','yuoffice, the offender not only suffered the ordinary  sal Site' was committed by those who injured il
punishment, but incurred the loss of his rights as a  any way either orphans or widows, both of whom
citizen (&,t/fLea), since the state was considered to  were considered to be in an especial manner under
have been insulted.  (Dem. c. M3lid. p. 524.)     the protection of the chief archon. (Dem. c. Moacart.
If the defendant was convicted, he had to pay a  p. 1076; 6 PXap,, oraLs r e. ire/EAET'O  TyS' XtlpSv'
fine of 500 drachmae to the plaintiff.  (Isoc. c. Ka'l Toi, hpsparv, Ulpian. acd Demzost/. c. 7Tioocr.)
Loch. p. 396; Lys. c. Theoanz. p. 354.) Plutarch, The speech of Isaeus on the Inheritance of Hagnias,
however, mentions that, according to one of Solon's  is a defence against an  eofayyeXia KaIcmcoeos of
laws, whoever spoke evil of a person in the temples, this kind.
courts of justice, public offices, or in public festi-    All these cases of tcaKcwoos belonged to the
vals, had to pay five drachmae; but as Platner, jurisdiction of the chief archon (appXov Ercw'vvuos).
(Process bei den Attikern, vol. ii. p. 192) has ob- If a person wronged in any way orphans, heiresses,
served, the law of Solon was probably changed, or widows, the archon could inflict a fine upon them
and the heavier fine of 500 drachmae substituted  himself; or if he considered the person deserving
in the place of the smaller sum.  Demosthenes,  of greater punishment, could bring him before the
in his oration against Meidias (p. 543) speaks of a  heliaea.  (Demn. c. Mllacart. p. 1076. Lex.)  Any
fine of 1000 drachmae; but this is probably to be  private individual could also accuse parties guilty
explained by supposing that Demosthenes brought of eKdcacW Ls by means of laying an information
two actions Kacyyoptas; one on his own account,  (eslo'aTyeXia) before the chief archon, though someand the other on account of the insults which  times the accuser proceeded by means of a regular
bleidias had committed against his mother and  indictment (ypaqe/), with an a&va'Kptoas before the
sister. This action was probably brought before the  archon.  (Dem. c. Plantaeaet. p. 980.)  Those who
thesmothetae (Dem. c. Mid. p. 544), to whom the  accused persons guilty of KasKcires incurred no
related VspsCes ypao7e  belonged. The two speeches  danger, as was usually the case, if the defendant
of Lysias against Theomnestus were spoken in anl  was acquitted, and they did not obtain the fifth
action of this kind.                               part of the votes of the dicasts.  (Harpocr. s. v.
KAKOLO'GIAS  DIKE'.   [KAicnGOIArAs  EitvayseX''a.)
DIKE.]                                               The punishment does not appear to have been
KAKO'SIS (ntdccowrs), in the language of the  fixed for the different cases of KateweoS, but it was
Attic law, does not signify every kind of ill-treat-  generally severe.  Those found guilty of  dicceweos
ment, lut                                          yovEou, lost their civil rights (&m-l[ia), but were ali. The ill-treatment of parents by their children  lowed to retain their property (oTo'tL CTraon ieay.(1cacolens   yoiEvou).  2. Of women by their hus-'ram e& aTea, Ta be Xp'i.c/ara esXoe, Andoc. De
bands (secdawstms yvyaltcx,).  3. Of heiresses (cd- ML yst. 36; Xen. 1Mesa. ii. 2. ~ 13): but if the
KC05rs TSV' ni'elApoY). 4. Of orphans and widows  Kacicoorts consisted in beating their parents, the
by their guardians or any other persons (cadscoes  hands of the offenders might even be cut off.
CnV' opqpacv ictalh X7pwusoveo-C 7vyvvael1CCe).    (Mearsius, Tlesn. Attic. i. 2.)
1. KdKoors 7yOov&o was committed by those who    KAKOTECHNION   DIKE   (1aecove'Xm&xs
struck their parents, or applied abusive epithets to  tiKe), corresponds in some degree with an action
them, or refused them the means of support when  for subornation of perjury.  It might be instituted
they were able to afford it, or did not bury them   against a party to a previous suit, whose witnesses
after their death and pay them proper honours. had already been convicted of falsehood in an action
(Aristoph. Av. 757, 1356; Suidas, s. v. rleXapymsbs   EVso60/.taprvp t&V.  (Harpocr. s. v.; Dem. c. Lv.,Od/os.)  It was no justification for children that and MAzes. p. 1139. 11.)  It has been also surtheir parentshad treated them badly. If, however, mrised that this proceeding  was available against
they were illegitimate, or had not received a proper  the same party, when persons had subscribed themeducation from their parents, they could not be  selves falsely as summoners in the declaration or
prosecuted for accoiKcss.  (Meier, Att. Process, p. indictment in a previous suit (Meier, Att. Proc.
288.)                                              p. 385); and if Plato's authority with respect to
2. Katcoois,yyvsasutcsv was committed by hus-  the termss of Attic law can be considered conclubands who ill-treated their wives in any manner  sive, other cases of conspiracy and contrivance may
or had intercourse with other women (Diog. Labrt. have borne this title.  (Piat. Leg. xi. p. 936, e.)
iv. 17; compare Pltit. Alcib. 8), or denied their  With respect to the court into which these causep




N18                CADUS.                                        CAELATURA.
were brought, and the advantages obtained by the  diminutive Ka5cos was more commonly used in
successfil party, we have no information.  (Meier, this signification.  [PsEPHUS.]
Att. Proc. pp. 45, 386.)            [J. S. M.      CAELATU'RA   (TopeVrTId), a  branch  of
CADA'VER.  [FUNUS.]                           the fine arts, under which all sorts of ornamental
CADISCI (iceaUiKce).  [PSEPHUS.]               work in metal, except actual statues, appear to
CADU'CEUS  (1cpttKEL0ov, KinpmICOiv, Thucyd. be included. The principal processes, which these
653; Kmpvtetov, Herod. ix. 100) was the staff or words were used to designate, seem to have been
mace carried by heralds and ambassadors in time  of three kinds: hammering metal plates into
of war.  (Pollux, viii. 138.)  This name is also  moulds or dies, so as to bring out a raised patgiven to the staff with which Hermes or Mercury  tern; engraving the surface of metals with a sharp
is usually represented, as is shown in the following  tool; and working a pattern of one metal upon or
figure of Hermes, taken from  an ancient vase, into a surface of another: in short, the various
which is given in Millin's Peintures de Vases An- processes which we describe by the words c/7asinq,
tiques, vol. i. pl. 70.                          dahnascening, &c.  Millingen, who is one of the
The caduceus was originally only an olive branch  best authorities on such subjects, says " The art of
with the crsTrjruaca  which were afterward formed  working the precious metals either separately, or
into snakes.  (MUiller, Archiiologie der Knnst, p. uniting them  with other substances, was called
504.)  Later mythologists invented tales about toreutic.  It was known at a very early epoch, as
may be inferred from the shield of Achilles, the
ark of Cypselus, and other productions of the
kind."  There is, however, some doubt whether,
in their original meaning, the words TOPEUVTo'h and
caelatura described the first or the second of the
above processes: but both etymology and usage
are in favour of the latter view. The word ropec'w
means originally to bore, to pierce ~by cutting, and
the cognate substantives TropeS and -ropos are apTd/          \  Aplied to any pointed instrument, such as the tool
l     of the engraver (TopeVT' s: see Seiler u. Jacobitz,
H iandworterbuels d. Griecl. Spracle, s. vv.).  So in
Latin, caelo (to chase), and caelzum (the chasing
tool), are undoubtedly connected with caedo (to
cut).  It may also be observed that for working
metals by hammering other words are used, E'Aa/ / \, o~pvpt?7XaTeviw, eiKpOV'Etr, XcXcp o VeEl,  excudere, and that works in metal made by hammering plates into a raised pattern are called &ad|yXxpa, and I cTvmra [ANAGLYPHA]. With regard
to the usage of the terms, it is enough to remark,
that a very large proportion of the ornamental
works in metal, alluded to by the ancient writers,
from Homer downwards, must have been executed
by the process of engraving, and not of hammering.
But, whichever process the terms may have been
these snakes.  Hyginus tells us that Mercury once  originally intended to designate, in practice both
found two snakes fighting, and divided them with  processes were frequently united.  For all vessels
his wand; from  which circumstance they were  made out of thin plates of metal, the process seems
used as an emblem of peace. (Compare Plin. II. N. to have been first to beat out the plate into the
xxix. 3.)                                        raised pattern, and then to chase it with the
From caduceus was formed the word Caduceator, graving tool.  There is an example of this kind
which signified a person sent to treat of peace. (Liv. of work in the British Museum, noticed by Milxxxii. 32; Nep. Hannib. 11; Amm. Marc. xx. 7; lingen.
Gell. x. 27.)  The persons of the Caduceatores    Another question has been  raised, whether
were considered sacred. (Cato, ap. Fest. s. v.; Cic. qTopeV1TKm' and caelatura, are precisely equivalent:
De Orat. ii. 46.)  The Caduceus was not used by  but it is the opinion of the best writers on art
the Romans.  They used instead verbena and  that they are so, though Quatrembre de Quincy and
saygnina, which were carried by the Fetiales. (Dig. others suppose ropeVrLci to refer to any work in
i. tit. 8. s. 8.)  [FETIALES.]                   relief, and even to chryselephantine statues.  (See
CADU'CUM.  [BONA CADUCA.]                      Garatoni, in Cic. Verr. iv. 23; Salmas. Exerc. ad
CADUS (tcidos, icd3os), a large vessel usually  Solin. p. 736, foll.; Heyne, Antiquar. Afsiitze,
made of earthen-ware, which was used for several ii. p. 127.)  Quintilian (ii. 21) expressly dispurposes among the ancients.  Wine was fre- tinguishes caelatura and sculptura by saying that
quently kept in it; and we learn from an author the former includes works in gold, silver, bronze,
quoted by Pollux that the amphora was also called  and iron, while the latter embraces, besides these
cadus (Pollux, x. 70, 71; Suidas, s. v. Kdcos). materials, also swood, ivor/y, nmarble, glass, and gems.
The vessel used in drawing water from wells was  It must therefore be understood as an accommocalled cadus (Aristoph. Eccles. 1003; Pollux. x. dated use of the term when Pliny says of glass,31), or yavXds. (Suidas, s. v. rauxs.) The name  " argenti modo caelatur." (H. N. xxxvi. 26. s. 66.)
of cadus was sometimes given to the vessel or urn    The fact which is implied in the words just
in which the counters or pebbles of the dicasts were  quoted, that silver was the chief material on
put, when they gave their vote on a trial, but the  which the caelator worked, is expressly stated by




CAELATURA.                                        CAELATURA.                 219
Pliny, at the commencement of the passage which  in Verr. iv. 23; Juv. i. 76; Martial. viii. 51;
forms one of our chief authorities on the subject Ovid. Jlet. v. 81; Ath. v. p. 199; Paull. Sent. ili.
(H. N. xxxiii. 12. s. 55); where he mentions it 6, 8; Senec. Ep. 5; comp. CHRYSENDETA).
as a remarkable fact that many had gained re-    The art of ornamental metal-work was in an
nown for chasing in silver, but none for chasing in  advanced stage of progress among the Greeks of the
gold: it is not however to be inferred that gold  heroic period, as we see from numerous passages of
was not chased, for works in gold are frequently  Homer.  In Italy, also, the Etruscans, as above
mentioned by other authors.  From the same sec- stated, had early attained to great proficiency in it.
tion, and from  other authorities, we learn that  In the time of the last dynasty of Lydian kings, a
works of this kind were also executed in bronze  great impulse was given to the art, especially by
and iron (Quinit.. c.; Forcellini, s. v.).  Two ex- their magnificent presents to the Delphian temple;
amples of chasing in iron deserve especial notice, and belonging to this period, we have the names of
the one for its antiquity, the other for its beauty:  Glaucus, as already mentioned, and of Theodorus of
the former is the iron base of the vase dedicated  Samos, who made a great silver vessel for Croesus,
by Alyattes, king of Lydia, at Delphi, which was  the ring of Polycrates, and a golden vessel which
the work of Glaucus of Chios, and was chased  afterwards adorned the palace of the Persian kings.
with small figures of animals, insects, and plants  But its perfection would of course depend on that of
(IHerod. i. 25; Paus. x. 16. ~ 1; Ath. v. p. the arts of design ingeneral, especially of sculpture;
210, b. c.; Dict. of Biog. s. v. Glaucus): the latter and thus we can readily accept the statement of
is the iron helmet of Alexander, the work of Pliny that its origin, in the high artistic sense, is to
Theophilus, which glittered like silver (Plut. Alex. be ascribed to Pheidias, and its complete develop32): Strabo, moreover, mentions the people of ment to Polycleitus. (Plin.:. N. xxxiv. 8. s. 19. ~ 1,
Cibyra, in Asia Minor, as noted for their skill in primusque [Phidias] arte7z torleticen apereisse atque
chasing iron (Strab. xiii. p. 631).              deszonstrasse nzerilojudicatur: ibid. ~ 2, Hze (PolyThe objects on which the caelator exercised his cletus)...judicatur toreuticen sic erudisse, at Phidias
art were chiefly weapons and armour —especially  aperuisse).  There can, indeed, be no doubt that
shields, chariots, tripods, and other votive offerings, the toreutic art was an important accessory to the
quoits, candelabra, thrones, curule chairs, mirrors, arts of statuary and sculpture, especially in works
goblets, dishes, and all kinds of gold and silver executed in bronze and in ivory and gold. In fact,
plate. Arms were often ornamented with patterns  in the latter class of works, the parts executed in
in gold (ypaerra ie  0'7rAX, Z'yXpui  eiciv' (Corp. gold belonged properly to the department of the
-znscr. vol. i. No. 124; scutucnz  clhrysographatutzm, caelator: and hence has arisen the error of several
Trebell. Claud. 14).  Chased bronze helmets and  modern writers who have made the chryselephlangreaves have been found at Pompeii and elsewhere. tine statues a branch of the toreutic art.  The in(Mus. Borb. iii. 60, iv. 13, v. 29; Brinisted, die  timate connection of this art with statuary and
Bron-en von Siris.)  Chariots, especially those  sculpture is further shown by the fact that several
used in the chariot-races and triumphal process, of the great artists in these departments were also
were often made of bronze richly chased [CUR- renowned as silver-chasers, such as Myron and
Rvs]: under the Roman emperors private carriages  Pasiteles.  In the age of Pheidias, the most dis-.
(carrucae) were often covered with plates of chased  tinguished name is that of Mys, who engraved the
bronze, silver, and even gold (Plin. H. N. xxxiii. 11. battle of the Lapithae with the Centaurs on the
s. 49; Suet. Claud. 16; Martial. iii. 72; Lamnprid. shield bf Pheidias's colossal bronze statue of Athena
Alex. Sev. 43; Vopisc. AJmel. 46; CARRUCA). Promachus in the Acropolis, and who is said to have
In candelabra, mirrors, and so forth, the remains  worked from  designs drawn by the hand of Parof Etruscan art are very rich.  An elaborate ac- rhasius; but the latter point involves a chronological
count of ancient tripods is given in MUller's essay, difficulty.  (See Diet. of Biog. s. vv. Jllys, PranxU/eber die TrWipoden, in the Asnaltlea, vols. i. and  iteles.)  In the period from the time of Pheidias
iii. Respecting vessels of gold and silver plate, and  to that of the Roman conquest of Greece, the folother ornaments, among the numerous references lowing names are preserved: Acragas, Boethus,
of the ancient authors, those of Cicero (in Verr. and Mentor, the most distinguished of all the artists
iv.), and Pliny (H. N. xxxiii. 11, 12. s. 50-54)  in this department; the sculptor Myron and his son
are among the most important and interesting.    Lycius; after them, Calamis, Antipater; and the
The ornamental work with which the chaser maker of a work mentioned with especial admiradecorated such objects consisted either of simple  tion by Pliny, Stratonicus; a little later, Tauriscus
running patterns, chiefly in imitation of plants and  of Cyzicus, Ariston and Eunicus of Mytilene, and
flowers, or of animals, or of mythological subjects, Hecataeus.  The Greek kings of Syria, especially
and, for armour, of battles. To the first class belong  Antiochus Epiphanes, were great patrons of the art.
the lances filicatae, pampinatae, patinae /lederatae, (Ath. v. p. 293, d.)  In the last age of the Roand disci corynmiati (Cic. 1. c.; Trebell. Claud. 17): man Republic, the prevailing wealth and luxury,
ornaments of the second class were common on the  and the presence of Greek artists at Rome, combronze and gold vases of Corinth (Ath. v. p. 199, e.) bined to bring the art more than ever into requiand on tripods (Amaltl7. vol. iii. p. 29); and the  sition.  Silver-chasers seem to have beenregularly
mythological subjects, which were generally taken  employed in the establishments of the great men
from Homer, were reserved for the works of the  of Rome; and Pliny mentions, as belonging to the
greatest masters of the art: they were generally  age of Pompey the Great, Pasiteles, Posidonius of
executed in very high relief (anaglypha).  In the  Ephesus, Leostratides, Zopyrus, Pytheas, and
finest works, the ornamental pattern was frequently  lastly Teucer.  After this period, the art suddenly
distinct from  the vessel, to which it was either fell into disuse, so that, in the time of Pliny, chased
fastened permnanently, or so that it could be re- vessels were valued only for their age, though the
moved at pleasure, the vessel being of silver, and  chasing was so worn down by use that even thile
the ornaments of gold, crsstae aut e;iblemata. (Cic. figures could not be distinguished.  (H. N. xxxiii.




220              CALATIIUS.                                           CALCEUS.
12. s. 55, xxxiv. 8. s. 19; see the articles on the  0us, KcaXaOSloos), also called -rdapos usually siga
artists  above mentioned  in the Dictionary  of nified the basket in which women placed their
Bio~g(raphy.)                                      work, and especially the materials for spinning.
The principal ancient writers on this art, whose  Thus, Pollux (x. 125) speaks of both'rdAapos and
works Pliny used, were Antigonus, Menaechmus,  tciAaOos as riS yuvalwCVY1ir83os  cev77l: and in anXenocrates, Duris, Menander,  and  especially  other passage (vii. 29), he names them in connecPasiteles, who wrote mirabilia opera. (Plin. H. N. tion with spinning, and says that the ~Tdxapos and
Elench. lib. xxxiii.)  The most important modern  caXaOioaos   were the same.  These baskets were
works on the subject are the following: Winekel-  made of osiers or reeds; whence we read in Pollux
mann, W1erke, passimn; Millingen, Unedited Monuz- (vii. 173) 7rAECelv T-adcpous Kal KacXaOlecrous, and
gments, ii. 12; Veltheim, Etwas iiber Memnon's  in Catullus (lxiv. 319)Bildsiiole, Nero's Smaaragd, Toreutik, &c.; Quatremehre de QuincyS Le Jupiter Oly/piespi*; Weleker,    "Ante pedes autem candentis mollia lanae
Zitsc/s.: RGesel. ue. Azusleg. d. alt. Klz)st, vWol. i.  Vellera virgati custodiebant calathisci."
part 2. p. 280; Hirt, Uelier das Material, die  Theyappear, however, to have been made in earlier
Tece/lik, &c., in the Analtrlea, vol. i. p. 239. times of more valuable materials, since we read in
Ibll.; MUller, Hlandb. d. Archhiologie der Kunst, Homer (Od. iv. 125) of a silver rdiAapos.  They
~ 311 )                                [P. S.]   frequently occur in paintings on vases, and often
CAELIBA'TUS.   [AES   UxoRIum; LEx  indicate, as Bdttiger (Vasengem. iii. 44) has reJULIA ET PAPIA POPPAEA.]                           marked, that the scene represented takes place in
CAERITUM  TA'BULAE.  [AERARIL]                  the gynaeconitis, or women's apartments.  In the
CAESA R, a title of the Roman emperors, was  following woodcut, taken from a painting on a vase
originally a family name of the Julia gens; it was (Millin, Peintures de Vases Antiques, vol. i. pl. 4),
assumed by Octavianus as the adopted son of the  a slave, belonging to the class called quasillariae, is
great dictator, C. Julius Caesar, and was by him  preseniing her mistress with the calathus, in which
handed down to his adopted son Tiberius.  It con- the wool was kept for embroidery, &c.
tinued to be used by Caligula, Claudius, and Nero,
as members either by adoption or female descent of
Caesar's family; but though the family became
extinct with Nero, succeeding emperors still retained
the name as part of their titles, and it was the
practice to prefix it to their own names, as for in- 
stance, Imqperator Caesar Dowiztianus Augustus.                        d
When Hadrian adopted Aelius Varus, he allowed
the latter to take the title of Caesar; and from this.
time, though the title of Augustus continued to be
confined to the reigning emperor, that of Caesar'was also granted the second person in the state
and the heir presumptive to the throne.  (Eckhel,
vol. viii. p. 367, &c.)  [AUGUSTUS.]
CALAMISTRUM, an instrument made of iron,
and hollow like a reed (calamzus), used for curling
the hair.  For this purpose it was heated, the per-    Baskets of this kind were also used for other purson who performed the office of heating it in wood- poses (B1ttiger, Sabinar, vol. ii. pp. 252, 258), such
ashes (anis) being called cinifo, or cinerarius. (Hor. as for carrying fruits, flowers, &c. (Ovid. A-rt. A ns.
Sat. i. 2. 98; Heindorf, ad lee.) This use of heated  ii. 264.)  The name of calathi was also given to
irons was adopted very early among the Romans  cups for holding wine (Virg. Ee'cl. v. 71>.
(Plaut. Asine. iii. 3. 37), and became as common    Calathus was properly a Greek word, though
among them as it has been in modern times. (Virg. used by the Latin writers.  The Latin word corAcen. xii. 100.) Inthe ageofCicero, whofrequently  responding to it was qualus (Hor. Caren. iii. 12.
alludes to it, the Roman youths, as well as the  4), or quasillus (Festus s. Calat/lhss; Cic. Philipp. iii.
matrons, often appeared with their hair curled in  4 * Prop. iv. 7. 37). From quasillues came quasillaria,
this manner (caloamistrati).  We see the result in  the name of the slave who spun, and who was conmany antique statues and busts.        [J. Y.]    sidered the meanest of the female slaves. (Petron.
CA'LAMUS (iecdaoos, Polllux, x. 15), a sort 132; Tihull. iv. 10. 3.)  [Fusus; TELA.]
of reed which the ancients used as a pen for writing.    CALCAR (ju6we, EyCevrpis, Polluix, x. 12), a
(Cic. ad Art. vi. 8; Her. De Art. Po't. 447.) The  spur.  The Greek name for spurs was taken from
best sorts were got from Aegypt and Cnidus. (Plin. the flies, which infest horses with their stings: hence
II. N. xvi. 36, 64.) — So Martial (xiv. 38), " Dat the verb iuvwerCSe-v, to spur. (Xen. de Re ~Eq. viii. 5,
chartis habiles calamos Memphitica tellus." When  x. 1, 2; Heliodor. ix. p. 432, ed. Commelin.) The
the reed became blunt, it was sharpened with a  Athenian gentry sometimes showed their conceit
knife, scalp'1unz librarium  (Tac.,Ann. v. 8; Suet. by walking about the Agora in spurs after riding
Vitell. 2); and to a reed so sharpened the epithet (Theophrast. Char. xxi.)  Spurs were early used
temperatus, used by Cicero, probably refers (Cic. by the Romans, as appears from the mention of
Ad Qu. F. ii. 15, " calamo et atramento temperate  them in Plautus (Asian. iii. 3. 118) and Lucretius (v.
res agetur "). One of the inkstands given under the  1074). They are likewise often alluded to by Cicero
article ATRaAENTUsm has a calamus upon it. The  (De Oral. iii. 9, ad Att. vi. 1), Ovid (De Ponto, ii.
calamus was split like our pens, and hence Ausoniets  9. 38; iv. 2. 35), Virgil (ferrata calce, Aen. xi.
(vii. 49) calls it fissipes or clovenfooted.  [A. A.]  714), and subsequent Roman authors.  [J. Y.]
CALA'NTICA.  [COMA.]                               CA'LCEUS,   CALCE  AMIEN,   CALCEACA'LATHUS, dim. CALATHISCUS (tcdXa-  MENTUM  (/nroe-0u2a, 7rEl&Aov), a shoe or boot,




CALCEUS.                                           CALCEUS.                   221
any thing adapted to cover and preserve the feet in  ties or bands, or by a covering for the toes or the
wvallking.  The use of shoes was by no means uni-  instep [SOLEA; CREPIDA; SANDALIUM; Socversal among the Greeks  and Romans.  The  cus]; and those which ascended higher and higher,
Homeric heroes are represented without shoes  according as they covered the ankles, the calf, or
when armed for battle.  According to the institu-  the whole of the leg.  To calceamenta of the latter
tions of Lycurgus, the young Spartans were brought kind, i. e. to shoes and boots as distinguished from
up without wearing shoes (avovrorle[a, Xen. Rep.  sandals and slippers, the term "calceus " was apLac. 2), in order that they might have the full use  plied in its proper and restricted sense.
of their feet in running, leaping, and climbing.    Besides the difference in the intervals to which
Socrates, Phocion, and Cato frequently went bare-  the calceus extended from the sole upwards to the
foot (&Pv7orTros, Aristoph. Nub. 103, 362; Xen. knee, other varieties arose from its adaptation to
JIesm. i. 6. ~ 2, pede nudo, Her. Ep. i. 19. 12). particular professions or modes of life.  Thus the
The Roman slaves had no shoes (nudo talo, Juv. CALIGA was principally worn by soldiers; the PEnto,
vii. 16), their naked feet being marked with chalk  by labourers and rustics; and the COTHURNUS, by
or gypsum.  The covering of the feet was removed  tragedians, hunters, and horsemen.
before reclining atmeals. [COENA.]  To go bare-    Understanding " calceus"' in its more confined
foot also indicated haste, grief, distraction of mind, application, it included all those more complete
or any violent emotion, as when Venus goes in  coverings for the feet which were used in walking
quest of Adonis (aecasdaXos, Bion. i. 21), and when  out of doors or in travelling.  As most commonly
the Vestals flee from Rome with the apparatus of worn, these probably did not much differ from our
sacred utensils. (Flor. i. 13.)  For similar reasons  shoes, and are exemplified in a painting at Hercusorceresses go with naked feet, when intent upon  laneum (Ant. d'Ercolano, i. Tav. 21), which reprethe exercise of magical arts (Sen. Mledea, iv. 2. 14;  sents a female wearing bracelets, a wreath of ivy,
cuda pedema, Ovid. Met. vii. 183; pedibus nudis, and a panther's skin, while she is in the attitude of
Ior. Sat. i. 8. 24), although sometimes one foot dancing and playing on the cymbals.
only was unshod (ununz em ta pedem7 tinclis, Virg.
Aen. iv. 518), and is so painted on fictile vases.
That it was a very rare thing at Rome to see a
respectable female out of doors without shoes, is
clear from the astonishment experienced by Ovid
(Fast. vi. 397), until he was informed of the reason
of it, in a particular instance.
"Huc pede matronam vidi descendere nudo:                                1 
Obstupui tacitus, sustinuique gradum.".  
The feet were sometimes bare in attendance on
funerals.  Thus the remains of Augmistus were collected from the pyra by noblemen of the first rank
with naked feet.  (Suet. Aug. 100.)  A  picture                                  Z
found at Herculaneum exhibits persons with naked
feet engaged in the worship of Isis (Ant. d'Ercol.
ii. 320); and this practice was observed at Rome
in honour of Cybele (Prudent. Peris. 154).  In
case of drought, a procession and ceremonies, called
Nudipedalia, were performed with a view to propitiate the gods by the same token of grief and
humiliation. (Tertull. Apol. 40.)
The idea of the defilement arising from contact
with any thing that had died, led to the entire disuse of skin or leather by the priests of Egypt.
Their shoes were made of vegetable materials
(calceos ex papyro,    Mvlart. Cap. 2.)  [BAxA.]
Those of the Greeks and Romans who wore
shoes, including generally all persons except youths,    On the other hand, a marble foot in the British
slaves, and ascetics, consulted their convenience, iuseum exhibits the form of a man's shoe.  Both
and indulged their fancy, by inventing the greatest the sole and the upper leather are thick and strong.
possible variety in the forms, colours, and materials  The toes are uncovered, and a thong passes between
of their shoes.  Hence we find a multitude of the great and the second toe as in a sandal.
names, the exact meaning of which it is impossible
to ascertain; but which were often derived either
from  the persons who  were supposed to have
brought certain kinds of shoes into fashion, or from
the places where they were procured.  We read,
for example, of " shoes of Alcibiades;" of " Sicyonian," and "Persian," which were ladies' shoes
(Cic. De Orat. i. 54; Hesych.); of " Laconian,"
which were mens' shoes (Aristoph. Thes. 149); and
of "Cretan," "Milesian," and " Athenian " shoes. 
The distinctions depending upon form may be   i.x —' —.                    },
generally divided into those in which the mere sole    1\of a shoe was attached to the sole of the foot by




222           CALENDARI UM.                                       CALENDARIUM.
The form and colour of the calceus were also  necting them with the rising or setting of certain
among the insignia of rank and office.  Those who  stars.  Thus Ilesiod (Op. et Dies, 381) describes
were elevated to the senate wore high shoes like  the time of the rising of the Pleiades as the time
buskins, fastened in front with four black thongs  for harvesting (6p71-os), and that of their setting
(nigris pellibus, Her. Sat. i. 6, 27) and adorned  as the time for ploughing (&poTos); the time at
with a small crescent.  (Mart. ii. 29; Juv. vii. which Arcturus rose in the morning twilight as the.1192.)  Hence Cicero (Phil. xiii. 13), speaking of proper season for the vintage (1. c. 607), and other
the assumption of the senatorial dignity by Asinius,  phenomena in nature, such as the arrival of birds
says nmztavit calceos.  Among the calcei worn by  of passage, the blossoming of certain plants, and the
senators, those called znullei, from their resemblance  like, indicated the proper seasons for other agrito the scales of the red mullet (Isid. Or. xix. 14), cultural occupations; but although they may have
were particularly admired; as well as others called  continued to be observed for centuries by simple
alztae, because the leather was softened by the  rustics, they never acquired any importance in the
use of alum.  (Mart. Juv. 11. cc.; Lydus, de Iacg. scientific division of the year.  [AsTRONOsMIA.]
a. 32; Ovid, De Art. Ain. iii. 271.)    [J. Y.]       The moon being that heavenly body whose
- CALCULA/TOR (XoyTLo's) signifies a keeper  phases are most easily observed, formed the basis
of accounts in general, but was also used in the  of the Greek calendar, and all the religious festisignification of a teacher'of arithmetic; whence  vals were dependent on it.  The Greek year was
Martial (x. 62) classes him  with the notarius or a lunar year of twelve months, but at the same
-writing-master.  The name was derived from cal- time the course of the sun also was taken into
culi, which were commonly used in teaching arith-  consideration, and the combination of the two
Inetic, and also in reckoning in general. [ABAcus.]  (Gemin. Isag. 6; comp. Censorin. De Die Nat. 18;
Among the Greeks the AoyOLTIS and 7pa/yAariLaTas  Cic. in Verr. ii. 52) involved the Greeks in great
appear to have been usually the same person.       difficulties which rendered it almost impossible for
In Roman families of importance there was a  them  to place their chronology on a sure foundacalculator or account-keeper (Dig. 38. tit. 1. s. 7), tion.  It seems that in the early times it was bewho is, however, more frequently called by the  lieved that 12 revolutions of the moon toolk place
name of dispensator or procurator, who was a kind  within one of the sun; a calculation which was
of steward (Cic. ad Att. xi. 1; Plin. Ep. iii. 19; tolerably correct, and with which people were satisSuet. Galb. 12, Vesp. 22; Becker, Gallus, vol. i. fied.  The time during which the moon revolved
p. 109.)                                           around her axis, was calculated at an average or
CA'LCULI were little stones or pebbles, used  round number of 30 days, which period was called
for various purposes; such, for example, as the  a month (Gemin. 1. c.); but even as early as the
Athenians used in voting, or such as Demosthenes  time of Solon, it was well known that a lunar
put in his mouth when declaiming, in order to  month did not contain 30 days, but only 291.  The
mend his pronunciation.  (Cic. De Orat. i. 61.)  error contained in this calculation could not longl
Calculi were used in playing a sort of draughts. remain unobserved, and attempts were made to
[LATRUNCULI.] Subsequently, instead of pebbles, correct it.  The principal one was that of creating
ivory, or silver, or gold, or other men (as we call a cycle of two years, called TpieTrlp'is, or canzes
them) were used; but still called calculi. The  magnus, and containing 25 months, one of the two
calculi were bicolores.  (Sidon. Epist. viii. 12; years, consisting of 12 and the other of 13 months.
Ovid. Trist. ii. 477; Mart. Epig. xiv. 17. 2, xiv. The months themselves, which in the time of
20.)  Calculi were also used in reckoning, and  Hesiod (Op. et Dies, 770) had been reckoned at
hence the phrases calculeme ponzere (Colum. iii. 3), 30 days, afterwards alternately contained 30 days
calcszlm  subducere.  (Cic. De Fin. ii. 19, &c.)  (full months, Irrxpels) and 29 days (hollow months,
[ABACUS.]                              [A. A.]   tco'Ao.)  According to this arrangement, one year
CALDA.  [CALIDA.]                                of the cycle contained 354, and the other 384 days,.
CALDA'RIUM.  [BALNEAE.]                         and the two together were about 7. days more
CALENDA'RIUM, or rather KALENDA'-  than two tropical or solar years.  (Gemin. 6;
RIUM, is the account-book, in which creditors  Censorin. 18). When this mode of reckoning was
entered the names of their debtors and the sums  introdmuced, is unknown; but as Herodotus (i. 32)
which they owed.  As the interest on borrowed  mentions it, it is clear that it must have been before
money was due on the Caledclae of each month, his time.  The 7', days, in the course of 4 years,
the name of.Calendariumn  was given to such a book. made up a month of 30 days, and such a month
(Senec. De Benef. i. 2, vii. 10.)  The word was  was accordingly inserted in every fourth year, and
subsequently used'to indicate a register of the  the cycle of four years was called a 7re'raesrpis.
days, weeks, and months, thus corresponding to a  (Censorin. 1. c.)  But a far more important cycle
modern almanac or calendar.                        was the E'YveaeEr7Jps, or the cycle of 8 years, for
1. GriEEc CALENDAR. -  In the earliest times  it was practically applied by the Greeks to the
the division of the year into its various seasons  affairs of ordinary life.  The calculation was this:
appears to have been very simple and rude, and  as the solar year is reckoned at 365k days, 8
it would seem  that there was no other divi- such years contain 2922 days, and eight lunar
sion except that of summer (hipos) and winter years 2832 days; that is, 90 days less than 8
(Xemiucv). To these strongly marked periods there  solar years.  Now these 90 days were constituted
were afterwards  added the  periods of transi- as three months, and inserted as three intercalary
tion, viz. spring (eap) and autumn (5drcipa), with  months into three different years of the E'vveasrTpis,
certain subdivisions according to the different agri- that is, into the third, fifth, and eighth. (Censorin.;
cultural pursuits peculiar to each of them.  As, Gemin. 11. cc.)  It should, however, be observed:
however, the seasons of the year were of great that Macrobius (Sat. i. 13) and Solinus (Polyhist.
importance in regard to agriculture, it became  iii.) state that the three intercalary months were,
necessary to fix their beginning and end by con- all added to the last year of the emnneaeteris, which




CALENDARIUM.                                     CALENDARIUMi.                 223
Would accordingly have contained 444 days. But    The month in which the year began, as well
this is not very probable.  The period of 8 solar as the names of the months, differed in the difyears, further, contains 99  revolutions of the  ferent countries of Greece, and in some parts even
moon, which, with the addition of the three inter- no names existed for the months, they being discalary months, make 29231 days; so that in every  tinguished only numerically, as the first, second,
8 years there is 1  day too many, which in  third, fourth month, &c.  In order, therefore, to
the course of 100 years, again amounts to one -acquire any satisfactory knowledge of the Greek
month.  The enneaeteris, accordingly, again was calendar, the different states must be considered
incorrect.  The time at which the cycle of the en- separately.
neaeteris was introduced is uncertain, but its inac-    The Attic year began with the summer solstice,
curacy called forth a number of other improvements and each month was divided into three decads, from
or attempts at establishing chronology on a sound  the 1st to the 10th, from the 10th to the 20th, and,basis, the most celebrated among which is that of from the 20th to the 29th or 30th. The first day
Meton.  The number of these attempts is- a suf- of a month, or the day after the conjunction, was
ficient proof that none of them was ever sanctioned  eovuw7v'a; and as the first decad was designated as
or adopted by law in any of the Greek republics.  orajievov/ v4,r, the days were regularly counted
These circumstances render it almost impossible to  as  euVT'pa, Tpir'q,  ECrdp'l,  &c., ArpVbs Io-aEI.
reduce any given-date in Greek history to the exact Yov. The days of the second: decad were disdate of our calendar.                            tinguished as eirl  &eca, or /iEaooYTos-, and were
The Greeks, as early as the time of Homer, ap- counted to 20 regularly, as -rpriv, ErrUT pae, TpTl,
pear to have been perfectly fanmiliar with the divi- -TETTcPT1', &c., e&ri Iemfa.  The 20th itself was
sion of the year into the twelve lunar months called edicds, and the days from the 20th to the
mentioned above; but no intercalary month (/my'  30th were counted in two different ways, viz.
gd.CJAlos) or day is mentioned.  Independent of either onwards, as  arpucT, 8EvrEpa, 7p17i7, &c.,
the division of a month into days, it was divided  Cirl EiKcUl, or backwards from the last day of the
into periods according to the increase, and decrease  month with the addition of )OivomrTos, 7ravoAciyov,
of the moon. Thus, the first day ornew moon was XA'yov-os, or alrrov'os, as dvv'77l,  fmE i7c, &c.,
called YovAlyvia.  (Hom. Od. x. 14, xii. 325, xx.  0pivovros!, which, of course, are different dates in
156, xxi. 258; Hes. Op. et Dies, 770.)  The  hollowand in full months. But thismodeofcountperiod from the vouvuYvia until the moon was full, ing backwards seems to have been more commonly
was expressed by /xuvbs LforaIezEou, and the latter used than the other.  W~ith regard to the hollow
part during which the moon decreased by ul?7v1s months, it must be observed, that the Athenians,
t0l'voesos.  (Hom. Od. xiv. 162.)  The 30th day  generally speaking, counted 29 days, but in the
of a month, i. e. the day of the conjunction, was month of Boedromion they counted 30, leaving
called'rptartcd, or, according to a regulation of out the second, because on that day Athena and
Solon (Plut. Sol. 25), E'Vr  Kal vEa, because one  Poseidon were believed to have disputed about the
part of that day belonged to the expiring, and the  possession of Attica.  (Plut. De Frat. Am. p. 489,
other to the beginning month. The day of the Synpos. ix. 7.)  The following table shows the
fill moon, or the middle of the month, is some- succession of the Attic months, the number of days
times designated by a8X4IV5Lvs. (Pind. 01. iv. they contained, and the corresponding months of
34.)                                             our year.
1. Hecatombaeon ('EKcaokeCaltSv) contained 30 days, and corresponds nearly to our July.
2. Metageitnion (MEsTa-ye-LrYi')          29        -                         August.
3. Boedromion (Boq7SpogUct1)       -      30       -                -.        September
4. Pyanepsion (IlvavescV')         --     29                        -         October
b. Maimacterion (MaIIuaCaKepLv)   -       30       -                -         November
6. Poseideon (HoomaesEYV)          -      29                -                 December.
7. Gamelion (racA lmciv)           -      30                        -         January
8. Anthesterion ('AVeOErEPWStV)    -      29       -                -         February.
9. Elaphebolion ('EAampjoAxm'v)    -      30       -                -         March.
10. Munychion (MovvvXwiv)           -      29                -                 April.
11. Thargelion (ap-yslhAcv)         -      30       -         -                May.
12. Scirophorion (4t1CpopopLacv)    -      29       -                -         June.
At the time when the Julian Calendar was of the year was transferred from the summer soladopted by the Athenians, probably about the  stice to the autumnal equinox.
time of the Emperor Hadrian, the lunar year ap-    The year of the Lacedaemonians, which is bepears to have been changed into the solar year; and  lieved to have begun at the time of the autumnal
it has further been conjectured, that the beginning  equinox, contained the following months:1. Herasius ('Hpdosos),    nearly corresponding to our October.
2. Apellaeus ('A7reAAeos)                    -       November.
3. Diosthyus (AtioOvos)           -           -       December.
4. Unknown.
5. Eleusinius ('Eevoo'vlos)                   -        February.
6. Gerastius (repadr-tos)        M- arch.
7. Artemisius ('ApTe/etl5o')      -                    April.
8. Delphinius (AEAcivmos)         -          -         Iay.
9. Phliasius (rIcXTtdoaos)                   -         June.
10. Hecatombeus ('EKaTrocuges)    -            -        July.
11. Carneius (KpYe7OSs)            -           -        August.
12. Panamus (ldevaytos)            -           --       September.




22'          CALENDARIUM.                                    CALENDARIUM.':
It should be observed that the order of most of fully explained in the work referred to at the end
these months is merely conjectural, and of some it of this article.
is not even certain as to whether they really were    Of the year of the Boeotians, which began at
Lacedaemonian months. But here, as in the other the winter solstice, the following months are
lists, we follow Hermann's view, which he has I known: -
1. Bucatius (Bovtcdrsos),      nearly corresponds to our January.
2. Hermaeus ('Ep/uaos)             -          -      February.
3. Prostaterius (IlpoorawrpLos)     -          -      March.
4. Unknown.
5. Theiluthius (~etAXoiOos)                    -      May.
6. Unknown.
7. Unknown.
8. HIippodromius ('I1r7roopdztos)              -      August.
9. Panamus (IcI'a/tos)                         -      September.
10. Unknown.
11. Damatrius (Aacucirptos)          -          -      November,
12. Alalcomenius ('AXaNcouErLos)     -          -      December.
The months of the year at Delphi were1. Bucatius (BovKicaros),  nearly answers to our September.
2. Heraeus ('Hpaios)            -        -      October.
3. Apellaeus ('AireAaos)       -    -          November.
4. Unknown.
5. Dadaphorius (Aqta-ppos)      -               January.
6. Poetropius (loTrp&nrtos)     -        -      February.
7. Bysius (Bronos)                   -          March.
8. Artemisius ('AprTE[oos)      - -             April.
9. Heracleius ('Hpa'cXseos)     -    ---         lay.
10. Boathous (BoaOdos)           -        -      June.
11. Ilaeus ('IXaos)             -        _      July.
12. Theoxenius (~eo&'Vtos)       -        -      August.
The names of the months at Cyzicus are given founded only on a conjecture, and the last may be
in the following order, though the first of them is either the I Oth, 1  th, or 12th:1. Boedromion (Bor1poltUt,'),  nearly answers to our October.
2. Cyanepsion (KvavErlC'v)                 -      November.
3. Apaturion ('AraroupLvch)                       December
4. Poseideon (florELBS&,')        _               Januarvy.
5. Lenaeon (A-vaiLWv)             -               February.
6. Anthesterion ('AOeo'rlptV,)        - -        March.
7. Artemision ('AprsTELodCv)               -      April.
8. Calamaeon (KaXa,eaaciv)        -        -      Lay.
9. Panemus (Tlch&,los)            -               June.
10. Taureon (Tavpev)                        -      July.
I 1 and 12. are unknown.
Among the Sicilian months the following are known: —
1. Thesmophorius (~eo'uorpdpros), probably answers to our October.
2. Dalius (AdA os)                   -                November.
3. Unknown.
4. Agrianius ('Apicdvlos)            -        -       January.
5. Unknown.
6. Theudasius (~evSadreos)                -           March.
7. Artamitius ('AprajurTros)              -           April.
8. Unknown.
9. Badromius (Baoopoos)              -        -       June.
10. Hyacinthius ('Tatchvlos)          -        -       July.
11. Carneius (Kape-ios)              -        -       August.
12. Panamus (ldvahuos)                -        -       September.
5We further know the names of several isolated  cordingly it was a lunar year of twelve months,
months of other Greek states; but as it is as yet since we find that Macedonian months are described
impossible to determine what place they occupied  as coincident with those of the Athenians.  (See
in the calendar, and with which of our months a letter of King Philip in Demosth. De 7oron.
they correspond, their enumeration here would be p. 280; Plut. Camnil. 19, Alex. 3, 16.)  All chroof little or no use. We shall therefore confine nologers agree as to the order and succession of
ourselves to giving some account of the Macedonian  the Macedonian months; but we are altogether
months, and of some of the Asiatic cities and  ignorant as to the name and place of the intercalary
islands, which are better known.               month, which must have existed in the Macedonian
On the whole it appears that the Macedonian  year as well as in that of the Greek states.  The
year agreed with that of the Greeks, and that ac- order is as follows: — 1. Dins (Aios), 2. Apellaeus




CALENDARIUM.                                     CALENDARIU1M.                225
('ArEcAAa7os), 3. Audynaeus (Avbvvaios), 4. Peri-  mistake in identifying the Lous with the Hecatius  (lepiT10os), 5. Dystrus (A60-Tpos), 6. Xan-  tombaeon.  But no satisfactory solution of the
thicus (Eav0L;cds), 7. Artemisius ('ApTE[,iosos), difficulty has yet been offered.  We know that
8. Daesius (Aatilos), 9. Panemus  (tIdvrlos),  the Macedonian year began with the month of
10. Lous (AMos), 11. Gorpiaeus (ropmrsaos), 12. Dius, commencing with the autumnal equinox.
Hyperberetaeus ('T7rep~epsETaro).  The difficulty  When AlexandeI conquered Asia, the Macedonian
is to identify the Macedonian months with those  calendar was spread over many parts of Asia,
of the Athenians.  From  Plutarch (Camil. 19, though it underwent various modifications in the
comp. with Alex. 16) we learn that the Macedonianr  different countries in which it vas adopted. When
Daesius was identical with the Athenian Tharge- subsequently the Asiatics adopted the Julian Calion; but while, according to Philip, the Mace- lendar, those modifications also exercised their indonian Lous was the same as the Athenian  fluence and produced differences in the nanles of
Boedromion,  Plutarch  (Alex. 3) identifies the  the months, although, generally spealing, the solar
Lous with the Attic Hecatombaeon.  This dis- year of the Asiatics began with the atltlullnal
crepancy has given rise to various conjectures, some  equinox.  During the time of the Rolman emperors,
supposing that between the time of Philip and  the following calendars occur in the provinlce of
Plutarch a transposition of the names of the months  Asia:
had taken place, and others that Plutarch made a
1. Caesarius (KaL'cipos)         had 30 days, and began on the 24th of September.
2. Tiberius (Ti~Epmos)                31      -                24th of October.
3. Apaturius ('AsraroSptos)          31       -                24th of November.
4. Posidaon (lroaelac6v)             30      -                25th of December.
5. Lenaeus (Arma'tov)                29                -       24th of January.
6. Hierosebastus ('IEpoer'arr'os)    30                --      22d of February.
7. Artemisius ('ApreIs.oraos)        31        -               24th of March.
8. Evangelius (EvayyEAXos)          30                        24th of April.
9. Stratonicus (-rpaerf'tcos)        31                 -      24th of May.
10. Hecatombaeus ('Ema-r'lAsaLos)     31]      -        -       24th of June.
11. Anteus ("Arreos)                   31                       25th of July.
12. Laodicius (AaoliKecos)            30       -        -       25th of August.
Among the Ephesians we find the following months:1-4. Unknown.
5. Apatureon ('A7rarovpec6v), nearly answers to our November.
6. Poseideon (Iloe1S4c'S)      -                December.
7. Lenaeon (A7R1atc6)                           January.
8. Unknown.
9. Artemision ('Ap-terrlc6')    -        -      March.
10. Calamaeon (KaAaeuatrc)      -         -       April.
11-1 2. Unknown.
At a later time the Ephesians adopted the same [ with the month of Dius on the 24th of Sep,
names as the Macedonians, and began their year I tember.
The following is a list of the Bithynian months: —
1. Heraeus ('Hpaos),       contained 31 days, and began on the 23rd of September.
2. Hermaeus ("Ep/xaios)               30                        24th of October.
3. Metrous (MwrpyPos)          -      31                        23rd of November.
4. Dionysins (ALovs'rueos)            31                        24th of December.
o. Heracleius ('HpdKcXeeos)           28           -            24th of January.
6. Dius (ALos)                  -     31                        21st of Febrlary.
7. Bendidaeus (Bevzsrsaos)            30                        24th of Mavchb
8. Strateius (>rpCireios)             31           -            23rd of April.
9. Periepius (Ilepleiros)      -      30           -            24th of May.
10. Areius ('Apeos)                    31           -            23rd of June.
11. Aphrodisius ('Alspoo-ios)   -      30                        24th of July.
12. Demetrius (A-l/.lrpios)            31           -            23rd of August.
The following system was adopted by the Cyprians: —
1. Aphrodisius ('ArpolOrtos),       contained 31 days, and began on the 23rd of September.
2. Apogonicus ('A7royov'mcms)          -      30           _            24th of October.
3. Aenicus (AivaIcos)                         31                        23rd of November.
4. Julius ('-loblos)                          31            -           24th of December.
b. Caesarius (Kazloptos)               -      28           -            24th of January.
6. Sebastus (KEoa-pos)                 -      30                        21st of February.
7. Autocratoricus (AvroTcpropT0p ss)   -      31                        23rd of March.
8. Denmarchexusius (AnlapXeSOtL'ros)          31           -            23rd of April.
9. Plethypatus (IlAOU6nraTrS)          -      30           -24th of May.
10. Archiereus ('ApXLepeVs)                    31           -            23rd of June.
11. Esthius ("EOsios)                          30                        24th of July.
12. RIomacus ('PpeCltos)                       31            _           23rd of August.




226           CALENDARIUMS                                        CALENDARIUM.
The system of the Cretans was the same as that used by most of the inhabitants of Asia Minor,
viz. -
1. Thesmophorion (Oeraepqpoopa,), contained 31 days, and began on the 23rd of September.
2. HIermacus ('Epsaaos)                    30           -             24th of October.
3.  miialen (E'tasv)                        31           -            23rd of November.
4. Metarchius (Me'rdpXLos)          -       31           -            24th of December.
5. Agyius ('Ayvios)                 -       28           -             24th of January.
6. Dioscurus (Atelsrovpos)                  31                         21st of Febrsary.
7. Theodosius (~eosdosos)                   30           -            23rd of March.
8. Pontus (YlVTrOS)                 -       31                        23rd of April.
9. Rhabinthius ('PaCvrLos)          -      30            -            24th of May.
10. Hyperberetus ('repEpEveos)       -       31           -            23rd of June.
11. Necysins (NeFcde1Oe)             -       30           -            24th of July.
12. Basilius (Baciros)               -       31           -            23rd of August.
It should be olbserved that several of the Eastern  serves, were distinguished in the latest form  of
nations, for the purpose of preventing confusion in  the Roman calendar by having their nones two
their calculations with other nations, dropped the  days later than any of the other months.  The
nanles of their months, and merely counted the  symmetry of this arrangement will appear by
months, as the first, second, third, &c. month. placing the numbers in succession: — 31, 30; 31,
For further information see Corsini, Fast. Att.,  30; 31, 30, 30; 31; 30, 30.  Ovid, indeed, apwhich however is very imperfect; Ideler, Hand- pears to speak of the months as coinciding with the
blach, der Matsemas. u. teclinisciez s Clsronol. vol. i. p. lunar period:
227, &c.; Clinton, Facst. lIellen. vol. ii. Append.  "Annus erat decimum cum lma repleverat annum:"
xix,; and: more especially K. F. Ilermann, Ueber but the language of a poet must not be pressed too
C~richlisclse Iosonatskuznde, Ghttingen, 1844, 4to., closely.  On the other hand, Plutarch, in the pasand Th. Bergk, Beitrchige zcur Griechiscees Allonats-  sage already referred to, while he assigns to the old
k2szcNsde, Giessen, 1 845, 8vo.  -     [L. S.]    year twelve months and 365 days, speaks of the
2. ROMA.N CALENDAR.-  Te Year of Ronulszss.  months as varying without system  between the
-The name of Romulus is commonly attached to  limits of twenty and thirty-five days.  Such an
the year which is said to have prevailed in the  irregularity is not incredible, as we find that even
earliest times of Rome; but tradition is not con- when Censorinus wrote (A. D. 238), the Alban
sistent with regard to the form  of it.  The his-  calendar gave 36 days to March, 22 to May, 18 to
torians Licinius Macer and Fenestella maintained  Sextilis, ad 16 to September; while at Tusculum
that the oldest year consisted of twelve months, Quinctilis had 36 days, October 32; and again at
and thlat it was already in those days an annas  Aricia the same month, October, had no less than
vertens, that is, a year which coincided with the  39. (Cesorinus, c. 22.)  The Romulian year, if
period of the sun's course.  Censorinus, however,  we follow the majority of authors, contained but
in whose work this statement occurs (De Die  304 days; a period differing so widely from the real
Natali, c. 20; compare also the beginning of c. 19), length of the suns course that the months would
goes on to say that more credit is due to Grac-apidly revolve through al the seasons of the  ea
rapidly revolve throngh all the seasons of the year.
canus, Fulvius (Nobilior), Varro, and others, ac- This inconvenience was remedied, says Macrobius
cording to whom the Romans iii the earliest times,  (i. 13), hy the addition of the proper number of
like the people of Alba from whom they sprang, days required  to complete the year; but these days,
allotted to the year but tell months.  This opinion  he goes on to say, did not receive any name as a
is supported by Ovid in several passages of his  month.  Servius speaks of the intercalated period
Fastzi (i. 27, 43, iii. 99, 119, 151);by  Gelinus  as consisting of two months, which at first had no
(NAoct. Alt. iii. 16), Macrobius (Satwsrs. i. 12), name, but were eventually called after Janus and
Solinus (Poliah. i.), and Servius (ad Georg. i. 43).  Febrnus.  That solne system of intercalation was
Lastly, an old Latin year of ten months is implied  employed in the Romulian year, was also the
in the fact, that at Laurentuml  (Macrob. i. 15) a  opinion of Licinius Macer. (Macrob. i. 13.) This
sacrifice was offered to Juno Kalendaris on the  appears to be all that is handed down with regard
first of every month except February and January. to the earliest year of the Romans.
These ten months were called Martins, Aprilis,    As a year of ten months and 304 days, at once
lMaius, Junius, Quinctilis, Sextilis, September,  falls greatly short of the solar year, and contains
October, November, December.  That March was  no exact number of lhnations, some have gone so
the first month in the year is implied in the last far as to dispute the truth of the tradition in whole
six names; and even Plutarch, who ascribes twelve  or part, while others have taxed their ingenuity to
months to the Romnlian  year (Nsmuna, c. 18), account for the adoption of so anomalous a year.
places Januarius and Februarius at the end.  The  Puteanus (De Nslzdiszis, in Graevius' Thesaurus,
fact is also confirmed by the ceremony of rekindling  vol. viii.), calling to mind that the old Roman or
the sacred fire in the temple of Vesta on the first Etruscals week contained eight days *, every eighth
day of March, by the practice of placing fresh
laurels in the public buildings on that day, andd by  * Hence there are found attached to the sicmany other customs recorded by Macrobius (i. cessive days in the old calendars the recurring
12).  With regard to the length of the months, series of letters A, B, C, D, E, F, G, H, no doubt
Censorinus, Macrobius, and Solinus agree in ascrib- for the purpose of fixing the nundines in the week
ing thirty-one days to four of them, called pletsi of eight days; precisely in the same way in which
menses; thirty to the rest called cavi nzenses. The  the first seven letters are still employed in ecclefour longer months were Martius, Mains, Quinc-  siastical calendars, to mack the days of the Christilis, and October; and these, as Macrobius ob-  tian.week.




CALEND.ARIUAL.-                                  CALENDARIUM.                  227.
day being specially devoted to religious and other probable, to that superstitious feeling, according to.
public purposes, under the name of nonae or nun- which an odd number. was accounted full (plenus)
dinae, was the first to point out that the number  and more fortunate.  Be this as it may, to the
304 is a precise multiple of eight.  To this observ- year which had previously been in use (that of
ation, in itself of little moment, Niebuhr has given  Romulus) one-and-fifty days were now added; but
some weight, by further noticing that the 38 nun-  as these were not sufficient to constitute two months,
dines in a year of 304 days tally exactly with the  a day was taken from each of the before-mentioned
number of dies fasti afterwards retained in the  hollow months, which added thereto, made up 57
Julian calendar.  Another writer, Ponted.era, ob-  days, out of which two months were formed, Januserved that 304 bore to 365 days nearly the ratio  arius with 29, and Februarius with 28 days. Thus
of 5 to 6, six of the Romulian years containing  all the months henceforth were full, and contained.
1824, five of the longer periods 1825 days; and  an odd number of days, save Februarius, which
Niebuhr (Rom. IHist. vol. i. p. 271), who is a warm  alone was hollow, and hence deemed more unlucky
advocate of the ten-month year, has made much use  than the rest."  In this passage it is fitting to ohof this consideration.  He thus explains the origin  serve that the terms pleni and cavi 9menses are apof the well-known quinquennial period called the  plied in a sense precisely opposite to the practice of
lustrum, which Censorinus (c. 18) expressly calls  the Greek language in the phrases  FIveEs 7r:xqpes
anll annes nagn2s, that is, in the modern language  and KooL.  The mysterious power ascribed to an
of chronology, a cycle.  Moreover, the year of ten  odd number is familiar from the Numnero deus iinmonths, says the same writer (p. 279), was the pare gaudet of Virgil.  Pliny also (H. N. xxviii.
term for mourning, for paying portions left by will, 5) observes,-Impares nunzeros ad omneia vekeozenfor credit on the sale of yearly profits; most pro- tiores credinmus.  It was of course impossible to
bably for all loans; and it was the measure for give an odd number of days at the same time to
the most ancient rate of interest.  [FENUS.]  the year on the one hand, and to each of the twelve
Lastly, he finds in the existence of this short year months on the other; and yet the object was in
the solution of certain historical difficulties.  A  some measure effected by a division of February
peace, or rather truce, with Veil was concluded  itself into 23 days, and a supernumerary period of
in the year 280 of Rome, for 40 years.  In 3!6  five days.  (See the mode of intercalation below..)
Fidenae revolted and joined Veii, which implies  The year of Numa then, according to Censorinus,
that Veil was already at war with Rome; yet contained 355 days.  Plutarch tells us that Numa
the Veientines are not accused of having broken  estimated the anomaly of the sun and moon, by
their oaths. (Liv. iv. 17.) Again, a twenty-years' which he means the difference between twelve
truce, made in 329, is said, by Livy, to have ex- lunations and the sun's annual course at eleven
pired in 347 (iv. 58.)  These facts are explained  days, i. e. the difference between 365 and 354 days.
by supposing the years in question to have been  Macrobius, too, says that the year of Numa had at
those of ten months, f6r 40 of these are equal first 354, afterwards 355 days.  Compare herewith
to 33} ordinary years, 20 to 16; so that the  Liv. i. 19; Ovid. Fasti, i. 43, iii. 151; Aurel.
formner truce terminated in 314, the latter in 346. Vict. c. 3; Florus, i. 2; Solinus, c. 1.
Similarly, the truce of eight years concluded with    Twelve lunations amount to 354 days, 8h. 48'
the Volscianls in 323, extended in fact to no more  36/", so that the so-called year of Numa was a
than 63- full years; and hence the Volscians re- tolerably correct lunar year; though the months
sumed the war in 331, without exposing them- would have coincided more accurately with the
selves to the charge of perjury.                 single lunations, if they had been limited to 30 and
These ingenious and perhaps satisfactory specu- 29 days, instead of 31, 29, and 28 days. That it
lations of the German critic, of course imply that was in fact adapted to the noon's course is the conthe decimestrial year still survived long after the  current assertion of ancient writers, more particuregal government had ceased; and in fact he be- larly of Livy, who says: (Nu7zCa) omsniZurs primurma
lieves that this year, and the lunar year, as deter- ad cursum lunae inz duodecim mensis discribit canum.
mined by Scaliger's proposed cycle of 22 years, Unfortunately however, many of the same writers
co-existed from the earliest times down to a late  ascribe to the same period the introduction of such
period.  The views of Niebuhr do not require that a system of intercalation as must at once have disthe months should have consisted of 31 or 30 days; located the coincidence between the civil month
indeed it would be more natural to suppose that and the lunar period.  At the end of two years
each month, as well as the year, contained a precise  the year of Nuima  would have been about 22 days
number of eight-day weeks; eight of the months, in arrear of the solar period, and accordingly it is
for instance, having four such weeks, the two others  said an intercalary month of that duration, or else
but three. Even in the so-called calendar of Numa  of 23 days, was inserted at or near the end of Febwe find the Etruscan week affecting the division  ruary, to bring the civil year into agrement with
of the month, there being eight days between the  the regular return of the seasons.  Of this system
nones and ides, from which circumstances the nones  of intercalation a more accurate account shall prereceived their name; and again two such weeks  sently be given.  But there is strong reason for
from the ides to the end of the month; and this, believing that this particular mode of intercalation
whether the whole month contained 31 or 29 days. was not contemporary in origin with the year of
The Year of Numna. -Having described the  Numa.
Romulian year, Censorinus (c. 20) proceeds thus:    In antiquarian subjects it will generally be found
- " Afterwards, either by Numa, as Fulvius has  that the assistance of etymology is essential; beit, or according to Junius by Tarquin, there was  cause the original names that belong to an instituinstituted a year of twelve months and 355 days, tion often continue to exist, even after such changes
although the moon in twelve lunations appears to have been introduced, that they are no longer
complete but 354  days.  The excess of a day was  adapted to the new order of things; thus they
owing, either to error, or what I consider more  survive as useful memorials of the past.  In this
Q2




2 8           CALENDARI UM.                                       CALENDARIUM.
way we are ellabled by the original meaning of    For the same reason probably the ides of March
words, aided by a few fragments of a traditional were selected for the sacrifice to the goddess Anna
character, to state that the Romans in early times  Perenna, in whose name we have nothing more
possessed a year which altogether depended upon  than the feminine form of the word annus, which,
the phases of the moon.  The Latin word mensis  whether written with one n or two, whether in its
(Varro, De Ling. Lat. vi., or in the old editions, v. simple form  annus, or diminutive annulus, still
54), like the Greek junky or teels, and the English  always signifies a circle.  HIence, as the masculine
montot, or German moonath, is evidently connected  form  was easily adopted to denote the period of
with the word  00oon.  Again, while in the Greek  the sun's course, so the feminine in like manner
languaige the name Yoveueuia (new-moon), or EYv  might well be employed to signify, first the moon's
Kal vea, given to the first day of a month, betrays  revolution, and then the moon herself.  The tenits lunar origin, the same result is deduced from  dency among the Romans to have the same word
the explanation of the word kalendae, as found in  repeated, first as a male and then as a female deity,
Macrobins (i. 15).  "' In ancient times," says that has been noticed by Niebuhr; and there occurs a
writer, " before Cn. Flavius the scribe, against the  complete parallel in the name Dianus, afterwards
pleasure of the patricians, made the fasti known to  Janus, for the god of dies, or light, the sun; Diana,
the whole people (the end of the 4th century B. c.), afterwards Jana, for the goddess of light, the moon;
it was the duty of one of the pontifices millores to  to say nothing of the words Jupiter and Juno.
look out for the first appearance of the new moon; That the month  of March should have been
and as soon as he descried it, to carry word to the  selected arose from its being the first of the year,
rex sacrificulus.  Then a sacrifice was offered by  and a sacrifice to the moon might well take place
these priests, after which the samne pontifex having  on the d:Ly when her power is fully displayed to
summoned the plebs (calata plebe) to a place in the  man.  The epithet Perenna itself means no more
capitol, near the Curia Calabra, which adjoins the  than ever-citrcing.  Nay, Macrobius himself (c. 12)
Casa Romuli, there announced the number of days connects the two words with annus, when he states
which still remained to the nones, whether five  the object of the sacrifice to be —t annare peren7or seven, by so often repeating the word icaX&." nareque commode liceat.
There was no necessity to write this last word in    Another argument in favour of the lunar origin
Greek characters, as it belonged to the old Latin. of the Roman month, is deducible from the practice
In fact,- in this very passage, it occurs in both  of counting the days backward from the Kalends,
ea/eata and calabrac; and again, it remained to the  Nones, and Ides; for the phrases will then amount
latest times in the word nolmenclaltor.  In regard  to saying -" It wants so many days to the new
to th- passage here quoted from Macrobius, it must moon, to the first quarter, to fiull moon." It would
be recollected that while the moon is in the imme- be difficult, on any other hypothesis. to account for
diate vicinity of the sun, it is impossible to see it the adoption of a mode of calculation, which, to our
with the naked eye, so that the day on which it is notions at least, is so inconvenient; and indeed it
first seen is not of necessity the day of the actual is expressly recorded that this practice was derived
conjunction.  We learn elsewhere that as soon as from  Greece, under which term  the Athenians
the ponitifex discovered the thin disc, a hymn was  probably are meant; and by these we know that
sung, beginning Jana novella, the word Jana (Ma-  a strictly lunar year was employed down to a late
crob. Sat. i. 9; Varro, De Re Rust. i. 37) being  period.  (Macrob. i. 16.)
only a dialectic variety of Diana, just as Diespiter    But perhaps the most decisive proof of all lies
or Diulpiter corresponds to Jupiter; and other ex- in the simple statement of Livy (i. 19), that Numa
amples might readily be given, for the change occurs  so regulated his lunar year of twelve months by
in almost every word which has the syllables de -or the insertion of intercalary months, that at the end
or di before a vowel.  Again, the consecration of of every nineteenth year it again coincided with
the kalends to Juno (Ovid. Fasti, i. 55, vi. 39; the same point in the sun's course from  which it
Macrob. Sat. i. 9. 1 5) is referred by the latter started.  IHis words are — Quem  (annums) interwrite r to the fact that the months originally began  calaribits vsensibus intemTonendis ita dispensavit ut
with the moon, and that Juno and Luna are the  vicensi7no anno ad metam eandlem  so/is unde orsi
same goddess; and the poet likewise points at the  sunt, plenis annosru   omniucm  spatiis, dies consame cosnnection  in  his explanation of Juno's gruerent.  We quote the text; because editors, in
epithet Lucina.  Moreover, at Laurentum  Juno  support of a theory, have taken the liberty of alterwas worshipped as Juno Kalendaris.  Even so late  ing it by the insertion of the word que2rto, forgetas 448 B. c. strictly lunar months were still in use; ting too that the words quarto et vicensinzo anzo
for Dionysius (Al4tiq. x. 59) says that Appius, in  signify, not every twenty-fburth year, which their
that year, received the consularl authority on the  theory requires, but every twyenty-third, according
ides of MaI, being the day of full moon, for at to that peculiar view  of the Romans which  led
that time, he adds, the Romans regulated their  them to count both the extremes in defining the
months by the moon.  In fact, so completely was  interval from one point to another; and which still
the day of the month, which they called the ides, survives in the medical phrases tertian and quttrtla
associated with the idea of the full moon, that apue, as well as in the French expressions huit
some derived the word a7rb Tou e'3ovs, qeod eo die jouts for a week, and quinze joures for afbrtnight.
plen/cm specienl zlesa deinonstret.  (Macrob. ibid.)  Accordingly, it is not doing violence to words, but.
Quietly to insert the idea of plenazm, when the  giving the strict and necessary meaning to them,
Greek word signified merely specieir, is in accord-  when, in our own translation of the passage in
ance with those loose notions which prevailed in  Livy, we express vicensi/mo anno by every nineteenth
all ancient attempts at etymolog y.  But though  year.
the derivation is of course groundless, it is of his-    Now 19 years, it is well known, constitute a most
torical value, as showing the notion connected with  convenient cycle for the conjunction of a lunar and
the term ides.                                    solar year. A mean lunation, or synodic month, ac



CALENDARIUM.                                     CALENDARI UM.                 229
cording to modern astronomy, is 29d. 12h. 44' 3", dinary months was probably that which Censorinus
and a mean tropical year 365d. 5h. 48'48". Hence  has erroneously allotted to the months of Numa's
it will be found, that 235 hunations amount to  lunar year, viz.: —
6939d. 16h. 31' 45", while 19 tropical years give
6939d. 14h. 27/ 12!, so that the difference is only   Aprilis  29,        October   31
2h. 4/' 3311.  Although it was only in the second     Maius   31,,         ovember  29
century B.C. that Hipparchus gave to astronomicalember 29 
observations a nicety which could pretend to deal     Junius   29           December 29,,
with seconds*; yet even in the regal period of        Qinctilis 29          Februarius 29,
Rome, the Greek towns ill the south'of Italy must
alreadyl have possessed astronomers, from whom the    Such, at any rate, was the niumier of days in
inhabitants of Latium could have borrowed such a  each month immediately prior to the Julian correcrough practical knowledge of both the moon and  tion; for both Censorinus and Macrobius say that
suin's period, as was sufficient to show that at the  Caesar added two days to Januarius, Sextilis, and
end of 19 solar years the moon's age would be  December, and one to Aprilis, Junius, September,
nearly what it was at the commencement; and it and November.  Hence Niebuhr appears to have
should be recollected that the name of Numa is made an error when he asserts (vol. ii. note 1179)
often connected by tradition with the learning of that July acquired two more days at the reformMagna Graecia.  At any rate a cycle of 19 years  ation of the calendar, and founds thereon a charge
was introduced by Meton at Athens, in the year of carelessness against Livy.  Moreover that No432 B.C.; and the knowledge of it among the  vember had but 29 days prior to the correction, in
learned may probably have preceded by a long  other words, that the XVII. Kal. Dec. immediately
period its introduction into popular use, the more  followed the Idus Nov., appears from a comparison
so as religious festivals are generally connected  of Cicero's letters to Tiro (Ad FaIm. xvi. 7. 9);
with the various divisions of time, and superstition  for he reaches Corcyra a. d. V. Id. Nov., and on
therefore would be most certainly opposed to in- the XV. Kal. Dec. complains —Septnu n janm dieos
novations of the almanack.  How the Romans may  tenebamur.  The seven days in question would be
have intercalated in their 19 lunar years the seven  IV. Id., III. Id., Prid. Id., Id. Nov., XVII. Kal.
additional months which are requisite to make up  Dec., XVI. Kal. Dec., XV. Kal. Dec.  That the
the whole number of 235 (-12 x 19 + 7) lunations, place of the nones and ides was in each month the
is a subject upon which it would be useless to  same before the Julian correction as afterwards, is
speculate. Fronm a union of these various consider- asserted by Macrobius.
ations, it must be deemed highly probable that the    The main difficulty is with regard to the mode
Romans at one period possessed a division of time  of intercalation.  Plutarch, we have alleady obdependent upon the moon's course.                served, speaks of an intercalation, by him referred
Year of the Decesvriri (so called by Ideler). -   to Numa, of 22 days in alternate years in the
The motives which induced the Romans to abandon  month of February.  Censorinus, with more prethe Iunar year are no where recorded; nor indeed  cision, says that the nunber of days in each interthe date of the change.  We have seen, however, calation was either 22 or 23, and Maclrobius agrees
that even in the year 448 B. C., the year was still with him in substance.  Of the point at which the
regulated by the moon's course.  To this must be  supernumerary month was inserted, the accounts
added that, according to Tuditanus and Cassius are these: - Varro (De Linq. Lut. vi. 55) says, the
Hemina, a bill on the subject of intercalation was twelfth month was Februa ry; and when isntercalabrought before the people by those decemviri, who  tions take place, the five last days of this mlolth
added the two new tables to the preceding Ten  are removed.  Censorinus agrees herewith, when
(Macrob. i. 13), that is in the year 450 B. C. That he places the intercalation generally (potissinimn.a)
the attention of these decemviri was called to the  in the month of February, between the Ternlinalia
calendar is also proved by the contents of the  and the Regifugium, that is immedittely a:ter the
Eleventh Table, wherein it is decreed that " the  day called by the Romans a. d. VI. Ial. Mart. or
festivals shall be set down in the calendars."  We  by us the 24th of February.  This, again, is conhave the authority of Varro indeed, that a system  firmed by Macrobius. The setting aside of the last
of intercalation already existed at an earlier date; five days agrees with the practice which tlerodotus
for he says that there was a very ancient law en- ascribes to the Egyptians of considering the five
graved on a bronze pillar by L. Pinarius and Furius  days over the 360 as scarcely belonging to the
in their consulate CZui mnentio intercalaris ascribitur. year, and not placing them  in any month.  So
We add the last words in Latin from the text of completely were these five days considered by the
AMacrobius (c. ]3), becausetheir import is doubtful. Romans to be something  extraneous, that the
If we are right in interpreting them thus-'" the  soldier appears to have received pay only lor 360
date upon which is expressed by a month called  days.  For in the time of Augustus the soldier reintercalary," all that is meant may be one of the  ceived deni asses per day, i. e. T of' a denarius;
intercalary lunations, which must have existed  but Domitian (Suet. Domn. 7) addidit qzaatzaum stieven in the old lunar year.  At the period of the pendiumnr aureos ternos. Thus, as 25 denarii made
decemviral legislation there was probably instituted  an aureus, the annual pay prior to Domitian was
that form of the year of 354 days, which was cor- (360 x 10)+16 denarii - (360 x 1 0)+  16 x 25)
rected by the short intercalary month, called Mer- aurei = 9 aurei; and thus the addition of three
cedonius, or Mercidinus; but so corrected as to  aurei was precisely a fourth more.  Lastly, the fesdeprive the year and months of all connection with  tival Terminalia, as its name implies, marked the
the moon's course.  The length of the several or- end of the year, and this by the nay again proves
that March was originally the first month.
* His valuation of the synodic month was 29d.    The intercalary month was called MEpclrvwos, or
12h. 44' 3k/".  (Ptolem. Alcag. iv. 2.)          Meptcsl6vios. (Plutarch, Numa, 19; Cues. 59.)
a3




230           CALENDARIUM.                                        CALENDARIU\M.
WTe give it in Greek characters, because it happens  occurred on the 14th of March, 190 B. C. of the
somewhat strangely that no Latin author has men- Julian calendar, and which at Rome was nearly
tioned the name, the term  mensis interkalaris or total.  Again, the same historian (xliv. 37) meninterkalarius supplying its place. Thus, in the year  tions an eclipse of the moon which occurred in the
of intercalation, the day after the ides of February  night between the 3rd and 4th of September, in
was called, not as usual a. d. XVI. Kalendas  the year of the city 586.  This must have been
Martias, but a. d. XI. Kalendas interkalares.  So  the total eclipse in the night between the 21st and
also there were the Nonae interkalares, and Idus  22nd of June, 168 B. c.
interkalares, and after this last came either a. d.    That attempts at legislation for the purpose of
XV. or XVI. Kal. Mart., according as the month  correcting so serious an error were actually made,
had 22 or 23' days, or rather, if we add the five  appears from Macrobius, who, aware himself of the
remaining days struck off from February, 27 or 28  cause of the error, says that, byway of correction, in
days.  In either case the Regifugium retained its  every third octoennial period, instead of 90 interordinary designation a. d. VI. Kal. Mart.  (See  calary days, only 66 were inserted.  Again it apAsconius, Ad Orat. pro liflone, and the lcasti Tri-  pears that M'. Acilius Glabrio, in his consulship
m26nzplales, 493, A. U. c.)  When Cicero writes to  16.9 B. c., that is, the very year before that in
Atticus (vi. 1), Accepi tuas litteras a. d. V. Terminalia  which the above-mentioned lunar eclipse occurred,
(i. e. Feb. 19); he uses this strange mode of de- introduced some legislative measure upon the subfining a date, because, being then in Cilicia, he was ject of intercalation.  (Macrob. i. 13.)  Accordnot aware whether any intercalation had been in- ing to the above statement of Macrobins, a cycle
serted that year.  Indeed, he says, in another part of 24 years was adopted, and it is this very
of the same letter, Ea sic observabo, quasi interka- passage which has induced the editors of Livy
latumn non sit.                                   to insert the word quarto in the text already
Besides the intercalary month, mention is occa- quoted.
sionally made of an inltercalary day.  The object    As the festivals of the Romans were for the most
of this was solely to prevent the first day of the  part dependent upon the calendar, the regulation
year, and perhaps also the nones, from  coinciding  of the latter was intrusted to the college of pontiwith the nundinae, of which mention has been al- fices, who in early times were chosen exclusively
ready made. (Macrob. i. 13.) Hence in Livy (xlv. from the body of patricians.  It was therefore in
44), Interccalatm  eo annon; postridie Terniszalica  the power of the college to-add to their other means
intercalases fi erunt.  This would not have been  of oppressing the plebeians, by keeping to themsaid had the day of intercalation been invariably  selves the knowledge of the days on which justice
the same; and again Livy (xliii. 11), Hoe anno  could be administered, and assemblies of the people
intercalatum est. Tertio die post Terazinalia Calen-  could be held.  In the year 304 B. C., one Cn.
dae intercalaresfitere, i. e. two days after the Ter- Flavius, a secretary (scriba) of Appius Claudius, is
minlalia, so that the dies intercalaris was on this  said fraudulently to have made the Fasti public.
occasion inserted, as well as the month so called.  (Liv. xi. 46; Cic. Pro  lAeurena, c. 11; Plin.
Nay, even after the reformation of the calendar, 1I. N. xxxiii. 1; Val. Max. ii. 5; A. Gellius, vi. 9;
the same superstitious practice remained.  Thus, Macrob. i. 15; Pomponius, De Origine Jzoris in the
in the year 40 B. c., a day was inserted for this  Digest 1. tit. 2; and Cicero, Ad Att. vi. 1.)  It appurpose, and afterwards an omission of a day took  pears however from the last passage that Atticus
place, that the calendar might not be disturbed.  doubted the truth of the story. In either case, the
(Dion Cass. xlviii. 33.)                           other privilege of regulating the year by the inserThe system  of intercalating in alternate years  tion of the intercalary month gave them  great
22 or 23 days, that is ninety days in eight years, political power, which they were not backward to
was borrowed, we are told by Macrobius, from the  employ.  Every thing connected with the matter
Greeks; and the assertion is probable enough, first, of intercalation was left, says Censorinus (c. 20), to
because from the Greeks the Romans generally de- the murestrained pleasure of the pontifices; and the
rived all scientific assistance; and secondly, because  majority of these, on personal grounds, added to or
the decemviral legislation was avowedly drawn  took from the year by capricious intercalations, so
from  that quarter.  Moreover, at the very period  as to lengthen or shorten the period during which
in question, a cycle of eight years appears to have  a magistrate remained in office, and seriously to
been in use at Athens, for the Metonic period of benefit or injure the farmer of the public ievenue.
19 years was not adopted before 432 B. c.  The  Similar to this is the language employed by MaRomans, however, seem  to have been guilty of crobius (i. 4), Ammiaanus (xxvi. 1), Solinus (c. i.),
some clumsiness in applying the science they de-  Plutarch (Caes. c. 59), and their assertions are conrived from Greece.  The addition of nihety days  firrsed by the letters of Cicero, written during his
in a cycle of eight years to a lunar year of 354  proconsulate in Cilicia, the constant burthen of
days, would, in substance, have amounted to the  which is a request that the pontifices will not add
addition of 1 14 (= 90  8) days to each year, so  to his year of government by intercalation.
that the Romans would virtually have possessed    In consequence of this licence, says Suetonins
the Julian calendar.  As it was, they added the  (Uces. 40), neither the festivals of the harvest:
intercalation to a year of 355 days; and conse-  coincided with the summer, nor those of the vinquently, on an average, every year exceeded its  tage with the autumn.  But we cannot desire a
proper length by a day, if we neglect the inaccu-  better proof of the confusion than a comparison of
racies of the Julian calendar. Accordingly we find  three short passages in the third book of Caesar's
that the civil and solar years were greatly at vari-  Bell. Civ. (c. 6), Pridie nonas Januarias navis solvit
ance in the year 564 A. u. c.  On the 11th of -(c. 9)jasmeque iemzsadpropinquabat-(c. 25) multi
Quinctilis, in that year, a remarkable eclipse of the jam menses transierant et hiems jam praecipitaerat.
sun occurred.  (Liv. xxxvii. 4.) This eclipse, says    Year of Julius Caesar. -  In the year 46 B. C.
Ideler, can have been no other than the -one which  Caesar, now master of the Roman world, crowned




CALENDARIUIM.                                    CALENDARIUM.                  231
his other great services to his country by employ-  ad lmnam- dibnensionibus constitutum, - edicto pclamt
ing his authority, as pontifex maximus, in the cor- proposito publicavit.  This edict is also mentioned
rection of this serious evil.  For this purpose he  by Plutarch where he gives the anecdote of Cicero,
availed himself of the services of Sosigenes, the  who, on being told by some one that the constelperipatetic, and a scriba named M. Flavius, though  lation Lyra would rise the next morning, observed,
hie himself too, we are told, was well acquainted  " Yes, no doubt, in obedience to the edict."
with astronomy, and indeed was the author of a    The mode of denoting the days of the month
work of some merit upon the subject, which was  will cause no difficulty, if it be recollected, that the
still extant in the time of Pliny. The chief autho- kalends always denote the first of the month, that
rities upon the subject of the Julian reformation  the nones occur on the seventh of the four months
are Plutarch (Caes. c 59), Dion Cassius (xliii. March, May, Quinctilis or July, and October, and
26), Appian (De Bell. Civ. ii. ad extr.), Ovid  on the fifth of the other months; that the ides
('asti, iii. 155), Suetonius (Caes. c. 40), Pliny  always fall eight days later than the nones; and
(H. N. xviii. 57), Censorinus (c. 20), Macrobills  lastly, that the intermediate days are in all cases
(Sat. i. 14), Ammianus Marcellinus (xxvi. 1), reckoned backwards upon the Roman principle
Solinus (i. 45).  Of these Censorinus is the most already explained of counting both extremes.
precise: -" The confusion was at last," says he,    For the month of January the notation will be
" carried so far that C. Caesar, the pontifex maxi- as follows: -
ilus, in his third consulate, with Lepidus for his   1 Hal. Jan.         17 a. d. XVI. Kal. Feb.
colleague, inserted between November and Decem-   2 a. d. IV. Non. Jan.  18 a. d. XV. Ial. Feb.
her two intercalary months of 67 days, the month   3 a.. III. Non. Jan.  19 a. d. XIV. Kal. Feb.
of February having already received an intercala-   4 Prid. Non. Jan.    20 a. c. XIII. Hal. Feb.
tion of 23 days, and thus made the whole year   5 Non. Jan.              21 a. d. XII. Ial. Feb.
to consist of 445 days. At the same time he pro-   6 a. d. VIII. Id. Jan.  22 a d.  XI. Ial. Feb.
vided against a repetition of similar errors by cast-. Jan.  23 a..   X.. Fe
ing aside the intercalary month, and adapting the   8 a. d.  VI. Ic. Jan.  24 a. d.  X. Kal. Feb.
year to the sun's course.  Accordingly, to the 355   9 a. d.   V. Id. Jan.  25 a. d. VII. Hal. Feb.
days of the previously existing year, he added ten  10 a. d   IV  Id. Jan.  26 a. d. VII. Hal. Feb.
days, which he so distributed between the seven
months having 29 days, that January, Sextilis, and  12 Prid. Id. Jan.     28 a. d.  V. Kal. Feb.
December received two each, the others but one;  13 Id. Jan.             29 a. d.
and these additional days he placed at the end of 14 a. d. XIX. Ial. Feb.  30 a. d. III. Kal. Feb.
the several months, no doubt with the wish not to  15a.d.XVIII.KalFeb.  31 Prid. Ial. Feb.
remove the various festivals from those positions in  16 a d. XVII. Kal. Feb.
the several months which they had so long occupied.  Hence in the present calendar, although    The letters a d are often, through error, written
there are seven months of 31 days, yet the four together, and so confounded with the preposition
months, which from the first possessed that nmun- ad, which  would have a different meaning, for azd
ber, are still distinguishable by having their nones kalendas would signify by, i. e. on or be/bre tie
on the seventh, the rest having them on the fifth  kalends.  The letters are in fact an abridgement
of the month.  Lastly, in consideration of the  of ante diem, and the full phrase for c; on the second
quarter of a day, which he considered as com- of January" would be ante dienz qtartutzm nonas
pleting the true year, he established the risle that, JaLwnuarias. The word ante in this expression-seems
at the end of every four years, a single day should  really to belong in sense to nonas, and to be the
be intercalated, where the month had been hitherto  cause why nonas is an accusative.  Hence occur
inserted, that is, immediately after the Terminalia; such phrases as (Cic. P/lil. iii. 8), in ante diem quarwhich day is now called the Bissextumn."        tznez Kal. Decemnzbris distulit, " he put it off to the
This year of 445 days is commonly called by  fourth day before the kalends of December," (Caes.
chronologists the year of confusion; but by Macro- Bell. Gall. i. 6) Is dies erat ante dies VY. Iial. Apr.,
bins, more fitly, the last year of confusion.  The  and (Caes. Bell. Civ. i. 11) ante quenz diens iturus
kalends of January, of the year 708 A. U. c., fell on  sit, for quo die.  The same confusion exists in the
the 13th of October, 47 B. c. of the Julian calen- phrase post pancos dies, which means " a few days
dar; the kalends of March, 708 A. u. c., on the 1st after," and is equivalent to paucis post dieus.
of January, 46 B. c.; and lastly, the kalends of Whether the phrase CKalendae Janusaii was ever
January, 709 A. U. c., on the 1st of January, 45  used by the best writers is doubtful.  The words
B. c. Of the second of the two intercalary months  are commonly abbreviated; and those passages
inserted in this year after November, mention is  where Aprilis, Decembris, &c. occur, are of no
made in Cicero's letters (Ad Faun. vi. 14).      avail, as they are probably accusatives.  The ante
It was probably the original intention of Caesar may be omitted, in which case the phrase will be
to commence the year with the shortest day.  The  die quarto non2aruns.  In the leap year (to use a
winter solstice at Rome, in the year 46 B. c., occur- modern phrase), the last days of February were
red on the 24th of December of the Julian calendar. called
His motive for delaying the commencement for seven    Feb. 23.a. d VII. HaI. Mart.
days longer, instead of taking the following day, was    Feb. 24.   a. c. VI. Ial. Mart. posteriorem
probably the desire to gratify the superstition of the    Feb. 25. = a. d. VI. Kal. Mart. primrem.
Romans, by causing the first year of the reformed    Feb. 26.  a. d.  V. Kal. Mart.
calendar to fall on the day of the new moon. Accord-    Feb. 27. = a. d. IV. Kal. M\art.
ingly, it is found that the mean new moon occurred    Feb. 28.  a. d. III. Kal. Mart.
at Rome on the 1st of January, 45 B. c., at 6h. 161    Feb. 29. = Prid Kal. Mart.
P.M. In this way alone can be explained the phrase
used by:Macrobius: Annums civilenm CGaesar, /Labitis I In which the words prior and posterior are used in
4




0B2            CALENDARIUTM.                                      CA LEN DARIUM.
reference to the retrograde direction of the reckon-  name Augustus, in place of Sextilis, was introduced
ing.  nuch at least is the opinion of Ideler, who  by the emperor himself, at the time when he rectirefers to Celsus in the Digest (50. tit. ] 6. s. 98).  fied the error in the mode of intercalating (Suet.
FIorn the fact that the intercalated year has two  Autg. c. 31), anno Augu.stano xa.  The first year
days called ante diemt sextuml, the name of bissextile  of the Augustan era was 27 B. c., viz., that in
has been applied to it.  The term an2nus bissextilis,  which he first took the name of Augustus, se vii. et
however, does not occur in any writer prior to  JL. Vipsanio AYqrippa coss.  I-e was born in SepBeda, but in place of it the phrase annus bissextus. tember;  but gave the preference to the preceding
It was the intention of Caesar that the bissex-  month, for reasons stated in the senatus-consultum,
tum should be inserted peracto quadriennii circuitu, preserved by Mlacrobius (i. 12).," Whereas the
as Censorinus says, or quinto quoque incipiente anno,  Emperor Augnustus Caesar, in the month of Sexto use the words of Macrobins.  The phrase, how- tilis, was first admitted to the consulate, and thrice
ever, which Caesar used seems to have been qzuarto  entered the city in triumph, and in the same
quoque annzo, which was interpreted by the priests  month the legions, from  the Jlaiculum, placed
to mean every third year.  The consequence was, themselves under his auspices, and in the same
that in the year 8 B. c. the Emperor Augustus,  month Egypt was brought under the authority of
finding that three more intercalations had been  the Roman people, and in the same month an end
made than was the intention of the law, gave  was put to the civil wars; and whereas for these
directions that for the next twelve years there  reasons the slid month is, and has been, most forshould be no bissextile..              tunate to this empire, it is hereby decreed by the
The services which Caesar and Augustus had  senate that the said month shall be called Augtus.
conferred upon their country by the reformation  tus."  " A  plebiscitum, to the'same effect, was
of the year, seem  to have been the immediate  passed on the motion of Sextus Pacuvius, tribune
causes of the compliments paid to them by the in-  of the plebs."
sertion of their names in the calendar.  Julius was    The month of September in like manner received
substituted  for Quinctilis, the month in which  the name of Germanicus from the general so called,
Caesar was born, in the second Julian year, that is, and the appellation appears to have existed even in
the year of the dictator's death (Censorinus, c. 22); the time of Macrobius.  Domitian, too, conferred
for the first Julian year was the first year of the  his name upon October; but the old word was reocorrected Julian calendar, that is, 45 B. c.  The  stored upon the death of the tyrant.
Our tdays of t~he    M5arch, May, July,    January, August,  April, June, Sep-   February has 28
OIyo th.        October, have 31   December, have 31   tember, November,   days, and in Leap
Moh.       Idays.                days.            have 30 days.          Year 29.
1.         KALENDIS.           KALENDIS.            KALENDIS.            KALENDIS.
2.         VI.                  IV.       ante      IV.        ante      IV.       Ante
3.                              IIIS.    Nonas.    III. J     Nonas.   III.        Nonas.
4.         IV.       Nonas. Pridie Nonas.           Pridie Nonas.        Pridie Nonas.
5.              I.              NoNis.               NONIS.              NONIS.
6.         Pridie Nonas.        VIII.  1            v    1. 1            VIii.
7.         NONIS.               VII.                VII.                 VII.
8,         VIII.                VI.         ante   VI.           ante    VI.
9.         VII.                 V.      [  Idus.   V.           Idus.   V.
10.         VI.         ante    IV.                                       IV.
11.         V.          I         II.                 III.                III.
12.         IV.                  Pridie Idus.         Pridie Idus.        Pridie Idus
13.         III.                  anne.              In I  I.                  s. I s.
14.         Pridie Idus.         XIX.                 XVIII.              XVI.
15.         IDIBUS.              XVII.                XVII. I.            XV.
16.         XVII.                XVII.,z       XVI.          [     XIV.
17.         XVI..=           XVI.'       XV.                 XI II. 
18.         XV.                  XV.                  XIV.                XII
19.         X I V.               XIV.                 X I I I..   Xl.
20.         X II.. XII.,      XI. I..            X. X      -
21.         XII.        4        XII.                 XI.                   X.
22.         XlI.        0.f      XI.                  o    VIII. 
23.         II. 5X.                                                       Vi.       9
r. "                                    MX.     11 x.
26.          VII.        IA VIiI.                    v 1'27.        VI.                  VI.                  V.                   I I T.
9, B..      V.                   V.                   I V.                 Pridie k-alendas
29.-        IV.                  I                    III.                     artias.
30.         II.                  III..Pridie Kalendas
31.          Pridie Kalendas    Pridie Kalendas        (of the month
(of the month       (of the month        following).
following).         following).
o....                    _._




CALIDA.                                           CALIGA.                 233
The Fasti of Caesar have not come down to us  with the ancients, and could always be procured at
in their entire form.  Such fragments as exist may  certain shops or taverns, called thersmopolia (Plant.
be seen in Gruter's Inscriptiones,  or more com-  Cur. ii. 3. 13, Trin. iv. 3. 6, Rud. ii. 6. 45), which
pletely in Foggini's work, Fastorum Ansni Rosmani Claudius commanded to be closed at one period. Reliqusiae.  See also some papers by Ideler in  of his reign (Dion Cass. lx. 6).  The vessels, in
the Berlin Transactions for 1822 and 1823.       which the wine and water were kept hot, appear to
Tlie Greyorian Year. -The Julian calendar sup-  have been of a very elegant form, and not unlike
poses the mean tropical year to be 365d. 6h.; but our tea-urns both in appearance and construction.
this, as we have already seen, exceeds the real A representation of one of these vessels is given in
amount hy 11' 12", the accumulation of which, the Museo Borbonico (vol. iii. pl. 63), from which
year after year, caused at last considerable incon-  the following woodcut is talken.  In the middle
venience. Accordingly, in the year, 1582, Pope  of the vessel there is a small cylindrical ftrnace,
Gregory the XIII., assisted by Aloysius, Lilius, in which the wood or charcoal was kept for
Christoph. Clavius, Petrus Ciaconius, and others, heating the water; and at the bottom  of this
again reformed the calendar.  The ten days by  furnace, there are four small holes for the ashes
which the year had been unduly retarded were  to fall through.  On the right halld side of the
struck out by a regulation that the day after the  vessel there is a kind of cup, communicating with
fourth of October in that year should be called the  the part surrounding the furnace, by which the
fifteenth; and it was ordered that, whereas hitherto  vessel might be filled without taking off the lid;
an intercalary day had been inserted every four and on the left hand side there is in about the
years, for the future three such intercalations in  middle a tube with a cock for drawing off the
the course of four hundred years should be omitted, liquid.  Beneath the conical cover, and on a level
viz., in those years which are divisible without with the rim of the vessel, there is a moveable flat
remainder by 100, but not by 400.  Thus, accord-  cover, with a hole in the middle, which closes the
ing to the Julian calendar, the years, 1600, 1700, whole urn except the mouth of the small furnace.
1800, 1900, and 2000 were to have been bissextile;   Though there can be no doubt that this vessel
but, by the regulation of Gregory, the years 1700, was used for the purpose which has been mentioned,
1800, and 1900, were to receive no intercalation,
while the years 1600 and 2000 were to be bissextile,
as before. The bull which effected this change, was 
issued Feb. 24, 1582.  The fullest account of this                      A
correction is to be found in the work of Clavius,
entitled Rom7ani Calendarii a Gregorio  XIII. P. /11.
restituzti E plicatio.  As the Gregorian calendar has
only 97 leap-years in a period of 400 years, the
mean Gregorian year is (303 x 365 + 97 x 366)               1 f">i\ 
-:400, that is 365d. Sh. 49' 12", or only 24",
more than the mean tropical year.  This difference
in 60 years would amount to 24', and in 60 times...                        
60, or 3600 years, to 24 lhours, or a day.  Hence             f-2 -
the French astrolnomer, Delambre, has proposed
that the years 3600, 7200, 10,800, and all multipies of 3600 should not be leap years.  The Gregorian calendar was introduced in the greater part
of Italy, as well as in Spain and Portugal, on the
day named in the bull.  In France, two months
after, by an edict of Henry III., the 9th of December was followed by the 20th.  The Catholic
parts of Switzerland, Germany, and the Lowv
Countries, adopted the correction in 1583, Poland
in 1586, Hungary in 1587.  The Protestant parts
of Europe resisted what they called a Papistical invention for more than a century.  At last, in 1700,
Protestant Germany, as well as Denmark and Hol-                   j
land, allowed reason to prevail over prejudice; and
the Protestant cantons of Switzerland copied their
example the following year.
In England the Gregorian calendar was first
adopted in 1752, and in Sweden in 1753.  In  it is difficult to determine its Latin name  but it
Russia, and those countries which belong to the  was probably called authepsa [AUT-IEPSA.j  PoIGreek church, the Julian year, or old style as it is lux (x. 66) mentions several names which were
called, still prevails.                          applied to the vessels used for heating water, of
In this article free use has been made of Ideler's  which the'r7roXe~~s, which also occurs in Lucian
work Lelbsuchl der COlronolopie.  For other inform-  (Lexiph. 8), appears to answer best to the vessel
at-ion connected with the Roman measurement of which has been described above. (BMttiger, Sabitime, see ASTaoNoMIAi; DIES; HOROLOGIUnM;  zna, vol. ii. p. 34; Becker, Gcallus, vol. ii. p. 175.)
LUSTRUsT;- NUNDINAE; SAECULUsI. [T.H. K.]    CALIENDRUM, a peruque or wig, mentioned
CA'LIDA, or CALDA, the warm drink of the by Horace.  (Serrm. i. 8. 48.)
Geeeks and Romans, which consisted of warm         CA'LIGA, a strong and heavy shoe worn by
water mixed with wine, with the addition probably  the Roman soldiers.  Although the use of this
of spices.  This was avery favourite kind of drink  species of calceamentum  extended to the centu



234             CALLISTET A.                                        CALUMNIA.
rions, it was not worn by the superior officers. naeus (I. c.; compare Eitymol. nragn. s. v.) as ocr;Hence the common soldiers, including centurions,  curring among the Eleans in honour of Athena.
were distinguished by the name of caligati (Suet. The fairest man received as prize a suit of armour
A ug. 25, Vitell. 7); when Cicero therefore says of which he dedicated to Athena, and was adorned
Pompey "mihi caligae ejus non placebant" (Ad  by his friends with ribbons and a myrtle wreath,
Att. ii. 3), he merely uses the words to indicate  and accompanied to the temple.  From the words
his military power.  Service in the ranks was also  of Athenaeus (xiii. p. 610), who, in speaking of
designated after this article of attire. Thus Marius  these contests of beauty, mentions Tenedos along
was said to have risen to the consulship a caliga,  with Lesbos, we must infer that in the former
i. e. from  the ranks (Sen. De Benef: v. 16), and  island also Callisteia were celebrated.   [L. S.]
Ventidius juventanz inopea in calicas militari to/e-    CALO'NES, the servants of the Roman solsasse (Plin H. V. vii. 44).  The Emperor Caligula  diers, said to have been so called from  carrying
received that cognomen when a boy, in conse-  wood (arcat) for their use.  (Festus, s. v.; Serv.
quence of wearing the caliga, which his father Ger-  ad Visg. Aen. vi. 1.) They are generally supposed
manicus put on his son in order to please the sol- to have been slaves, and they almost formed a part
diers.  (Tacit. Ann. i. 41; Suet. Calig. 9.)  The  of the armnny, as we may learn from many passages
triumphal monuments of Rome show most dis- in Caesar: in fact, we are told by Josephus that,
tinctly the difference between the caliga of the  from  always living with the soldiers and being
common soldier [ARMrA] and the calceus worn by  present at their exercises, they were inferior to
men of higher rank.  [ABOLLA; ARA.]   The  them alone in skill and valour.  The word calo,
sole of the caliga was thickly studded with hob. however, was not confined to this signification, but
nails  (clavi caligarii, Plin. H. N. xxxiv. 41, was also applied to farm-servants, instances of which
ix. 18; Juv. Sat. iii. 232, xvi. 25).              usage are found in Horace  (E2pist. i. 14. 42;
The crliga specul/acorias (Suet. Calig. 52), made  Sat. i. 6. 103).
for the use of spies (speczdatores), was probably    In Caesar this term is generally found by itself;
much lighter. than the ordinary shoe worn by the  in Tacitus it is coupled and made almost identisoldiers.                              [J. Y.]    cal with lixa.  Still the calones and lixae were not
CALIX  (tcvAxt, comp. Macrob. Sat. v. 21).  the same: the latter, in fact, were freemen, who
1. A small drinking-cup, constantly used at sym-  merelyfollowed the camp for the purposes of gain
posia and on similar occasions.  It is frequently  and merchandise, and were so far from being inseen in paintings on ancient vases which represent dispensable to an army, that they were sometimes
drinking-scenes, and when empty is usually held  forbidden to follow it (ane lixcae sequerentur exerupright by one of its handles, as shown in the cut cituma, Sall. Bell. Jugz. 45).  Thus again we read
under SYMrPosIvur. (Xen. Sym7p. ii. 26; Cic. of the lixane melrcatoresque, qui plaustris merces porTasc. iii. 19; Hor. Seran. ii. 8. 35, &c.)  2. A  tabant (Hirtius, De Bell. Afr. 75), words which
vessel used in cooking (Varr. L. L. v. 127, ed. plainly  show  that the lixae were traders and
Muller; Ov. Fast. v. 509.)  3. A  tube in the  dealers.   Livy also (v. 8) speaks of them  as
aquaeducts attached to the extremity of each pipe, carrying on business.  The term itself is supposed
where it entered the castellum.  [AvUAEDUCTUS, to be connected with lixa, an old word signifying
p. 115, a.]                                        water, inasmuch as the lixae supplied this article
CALLIS, a beaten path or track made by the  to the soldiers: since, however, they probably
feet of cattle. (Serv. ad Virg. Aen. iv. 405; Isidor. furnished ready-cooked provisions (elixos cibos), it
Orig. xv. 16. ~ 20.)  The sheep-walks in the  seems not unlikely that theirs appellation may have
mountainous parts of Campania and Apulia were the  some allusion to this circumstance.  (See Sall.
property of the Roman state; and as they were of 1. c.)                                 [R. W.]
considerable value, one of the quaestors usually     CALU'MNIA.   Calumniari is defined  by
had these calles assigned to him as his province, Marcian (Dig. 48. tit. 16. s. 1), Falsa crimina inwhence we read of the Calli/zs proveincia.  His tendere; a definition which, as there given, was
principal duties were to receive the scriptura, or only intended to apply to criminal matters.  The
tax paid for the pasturage of the cattle, and to  definition of Paulus (Setea2t. Recept. i. tit. 5) approtect life and property in these wild and moun-  plies to matters both criminal and civil: CGalznnaitainous districts.  When the senate wished to put osus est qui sciens pruclensque per fraudent negotiu/n
a slight upon the consuls on one occasion they en-  aClicuZi conparat.  Cicero (de OJ  i. 10) speaks of
deavoured to assign to them  as their provinces, " calumnia," and of the niszis callida et snalitiosa
the care of the woods (silvae) and sheep-walks juris inlterpretatio, as things related.  Gaius says,
(cal/es).  (Tac. Ann. iv. 27; Suet. Caes. 19, Calu/mnio a i/n actlfet  est, sicutfurti crimszen; the
Claud. 29; in the last passage the reading is  criminality was to be determined by the intention.
doubtful.)                                           When an accuser failed in his proof, and the
CALLISTEIA (rcaXAXr'Tea),     a festival, or per- reus was acquitted, there might be an inquiry into
haps merely a part of one, held by the women of the conduct and motives of the accuser. If the perLesbos; at which they assembled in the sane- son who made this judicial inquiry (qei cognovit),
tuary of Hera, and the fairest received the prize of found that the accuser had merely acted from error
beauty.  (Schol. ad II. ix. 128; Suidas, s. v.; of judgment, he acqluitted him in the form nonaproAntholog. Pal. ix. 189; Athen. xiii. p. 610.)     basti; if he convicted him of evil intention, he deA  similar contest of beauty, instituted by Cyp-  dared his sentence in the words calumniatus es,
selus, formed a part of a festival celebrated by the  which sentence was followed by the legal punishParrhasians in Arcadia, in honour of the Eleusi-  ment.
nian Demeter.  The women taking part in it were    According to Marcian, the punishment for cacalled Xpuroasdpot. (Athen. xiii. p. 609.)        lumnia was fixed by the lex Remmia, or, as it is
A  third contest of the saine kind, in which, sometimes, perhaps incorrectly, named, the lex
however, men only partook, is mentioned by Athe-  MelImia.  (Val. Max. iii. 7. ~ 9.)  But it is not




CAMARA.                                       CANATHRON                   235
known whern this lex was passed, nor what were its xvi. 36. s. 64.)  Under the emperors camarae were
penalties.  It appears from  Cicero (Pro Sext. formed with plates of glass (Plin. H. N. xxxvi. 25.
Rose. Atmerino, c. 20), that the false accuser might s. 64); sometimes also the beams were gilt, and
be branded on the forehead with the letter K, the  the ceiling between them  was made of ivory.
initial of Kalumnia; and it has been conjectured, (Propert. iii. 2. 10.)
though it is a mere conjecture, that this punish-    2. Small boats used in early times by the people
ment was inflicted by the lex Remmia.            who inhabited the shores of the Euxine and the
The punishment for calumnia was also exsilium, Bosporus, and called Kca/dpat, from their having
relegatio in insulam, or loss of rank (ordisis anzis- a broad arched deck.  They were made with both
sio); but probably only in criminal cases, or in  ends alike so as to work in either direction without
matters relating to a man's civil condition. (Paulus, turning; and were put together without iron. They
Sentent. Recept. v. 1. 5, v. 4. 11.)             continued in use until the age of Tacitus, by whom
In the case of actiones, the calumnia of the actor their construction and uses are described.  (Strab.
was checked by the calumniae judicium, the judi- xi. p. 495; Eustath. ad Dionys. Perieg. 700; Aul.
cium contrarium, the jusjurandlmn calumniae, and  Gell. x. 25; Tac. Hist. iii. 47.  Respecting the
the restipulatio; which are particularly described  other uses of the word see Seiler and Jacobitz,
by Gaius (iv. 174-181).  The defendant might Handwiirterbzlch d. Griechl. psrackle.)    [P. S.]
in all cases avail himself of the calumniae judicium,    CAMILLI, CAMILLAE, boys and girls, emby which the plaintiff, if he was found to be guilty  ployed in the religious rites and ceremonies of the
of calumnia, was mulcted to the defendant in the. Romans.  They were required to be perfect in
tenth part of the value of the object-matter of the  form, and sound in health, free born, and with
suit. But the actor was not mulcted in this action, both their parents alive; or, in other words, acunless it was shown that he brought his suit with- cording to the expression of the Romans, peri seu
out foundation, knowingly and designedly. In the puellae  isngezoui, felicissimni, peatrisi snatrimsique.
contrarium judiciurn, of which the defendant could  The origin of these words gave rise to various
only avail himself in certain cases, the rectitude of opinions among the ancients.  Dionysius supposed
the plaintiff's purpose did not save him from the  them  to correspond to the ica;uAxo,  among  the
penalty. Instead of adopting either of these modes  Curetes and Corybantes; others connected them
of proceeding, the defendant might require the  with Cadmilus or Casmilus, one of the Samothraplaintiff to take the oath of calmnia, which was cian Cabeiri; but we know nothing certain on the
to the effect, Se non cals!mniae causa acgere. In some matter.  Respecting the employment of the Camilcases the defendant also was required by the  hts at Roman  marriages, see M/vATRItMONIUaM.
praetor to swear that he did not dispute the  (Dionys. ii. 21, 22; Varr. L. L. vii. 34, ed. Miilplaintiff's claim, calumniae causa. Generally speak- ler; Macrob. Sat. iii. 8; Serv. ad Yisq. Aen. xi.
ing, if the plaintiff put the defendant to his oath  543; Festus, s. vv. Camnillzus,  unera, Flnaminius
(jusjlszrandum ei deferebat), the defendant might Camills; Ilartung, Die Religion der.Rlmer, vol. i.
put the plaintiff to his oath of calumny. (Dig. 12. p. 157, vol. ii. p. 71.)
tit. 2. s. 37.)  In some actions, the oath of ca-    CA'MPAGUS, a kind of shoe worn by the later
lumny on the part of the plaintiff was a necessary  Roman emperors. (Trebell. Poll. Gallien. 16, with
preliminary to the action.  In all judicia publica, the note of Salmasius.)
it seems that the oath of calunnia was required    CAMI'NUS.  [DoMus]
from the accuser.                                  CAMPESTRE (sc. subligacr) was a kind of girdle
If the restipulationis poena was required from  or apron, which the Roman youths wore around
the actor, the defendant could not have the benefit their loins, when they exercised naked in the
oftthecalumniae judiciumn, or of the oath of calumny; Campus TMartius (Augustin. De Civ. Dei, xiv. 17).
and the judicium  contrarium was not applicable to  The campestre was sometimes worn in warm wedsuch cases.                                      ther in place of the tunic under the toga (campestri
The edict De Calumniatoribus (Dig. 3. tit. 6.) sub toga cinctus, Ascon. ad Cic. pro Scauro, p. 30.
applied generally to those who received money, ed. Orell.; Hor. Ep. i. 11. 18.)
calumniae causa, for doing an act or abstaining    CAMPIDOCTO'RES were persons who taught
from doing an act.  The edict applied as well to  soldiers their exercises. (Veget. i. 13.)  In the
publica crimina as to pecuniariae causae; for in- times of the republic this duty was discharged by
stance in the matter of repetundae the edict ap- a centurion, or veteran soldier of merit and distincplied to him  who for calumnia received money  tion.  (Comp. Plin. Pan. 13.)
on the terms of prosecuting or not prosecuting a    CA'NABUS (irdvaGos), was a figure of wood
person.  This edict provided for some cases, as in the form of a skeleton, round which the clay or
threats of procedure against a man  to extort plaster was laid in forming models.  Figures of
money, which were not within the cases provided  a similar kind, formed to display the muscles and
for by the edict, Quod metus causa (Dig. 4. veins, were studied by painters in order to acquire
tit. 2.)                              [G. L.]   some knowledge of anatomy. (Arist. Hist. Anias.
CA'MARA (xaladpa), or CAMERA, properly  iii. 5, De Gen.?Anime. ii. 6; Pollux, vii; 164, x.
signifies any arched or vaulted covering, and any  189; Suid. and Hlesych. s. v.; Miiller, ArclAol.
thing with such a covering: Herodotus, for in- der Ktunst, ~ 305. n. 7.)
stance, calls a covered carriage cdzIapa (i. 199).    CANA'LIS, and- the diminutive Canaliculus,
It is chiefly used in the two following senses:-    which signify a vwater-pipe or gutter, are used also
1. An arched or vaulted ceiling formed by semi- in architecture for any channel, such as the flutings
circular bands or beams of wood, over the intervals  of a column, and the channel between the volutes
of which a coating of lath and plaster was spread, of an Ionic capital (Vitruv. x. 14, iii. 3).  [P. S.]
resembling in construction the hooped awnings in    CANATHRON (tc&YaBpov), a carriage, the upuse amongst us.  (Vitnrv. vii. 3; Sall. Cat. 58; per part of which was made of basket-work, or
Cice ad Q.  r5'. iii. 1. ~ 1; comp. Plin. H. N.  more properly the basket itself, which was fixed in




236          CANDELABRUM.                                      CANDELABRUM.
the carriage. (Xen. Ages. viii. 7; Plut. Ages. c. 19.)  candelabrum found in the same city (Cus. Boarb.
Homer calls this kind of basket 7rxeipiv. (II. xxiv. vi. pl. 61), and is made with a sliding shaft, by
190, 267; and Eustath. ad loc. Compare Sturtz, which the light might be raised or lowered at
Lex. Xenoplh. s. v. KdvaOpos; Scheffer, De Re  pleasure.
Jlehic. p. 68.)
CANCELLA'RIUS.  [CANCELLI.]
CANCELLI, lattice-work, placed before a window, a door-way, the tribunal of a judge, or any
other place.  (See e. g. Cic. pro Sest. 58; Varr.
1?. R. iii. 5; Ov. Anm. iii. 2. 64; Dig. 30. tit. 41.
s. 10; 33. tit. 7. s. 10.)  Hence was derived the
word Cancellarius, which originally signified a
porter, who stood at the latticed or grated door of
the emperor's palace.  The emperor Carinus gave
great dissatisfaction by promoting one of his Cancellarii to be Praefectus urbi. (Vopisc. Ccarin. 16.)
The cancellarius also signified a legal scribe or
secretary, who sat within the cancelli or latticeworlk, by which the crowd was kept off from the
tribunals of the judges.  (Cassiod. Vhar. xi. 6.)
The chief scribe or secretary was called Cancellarins
caTr' bEoxbw, and was eventually invested with
judicial power at Constantinople; but an account
of his duties and the history of this office do not
fall within the scope of the present work.  From
this word has come the modern Chancellor.
CANDE LA, a candle, made either of wax
(cereca) or tallow  (sebacea), was used universally
by the Romans before the invention of oil lamps
(Ilcerzae).  (Varr. De Ling. Lat. v. 119, ed. Miller; Martial, xiv. 43; Athen. xv. p. 700.)  They
used for a wick the pith of a kind of rush called
scibpus (Plin. IIr. N. xvi. 70). In later times candela~ were only used by the poorer classes; the
houses of the more wealthy were always lighted
by lucernae (Juv. Sat. iii. 287; Becker, GclluLs,
vol. ii. p. 201).
CANDELA'BRUM, was originally a candlestick, but was afterwards used to support lamps                                              )
(AvXroSXos), in which signification it most commonly occurs. The candelabra of this kind were
usually smade to stand upon the ground, and were    The best candelabra were made at Aegina and
of a considerable height.  The most common kind  Tarentum. (Plin. It. N. xxxiv. 6.)
were made of wood (Cic. ad Qu. Fr. iii. 7; Martial,    There are also candelabra of various other forms,
xiv. 44; Petron. 95; Athen. xv. p. 700); but those  though those which have been given above are by
which have been found in Herculaneum and Pom- far the most common.  They sometimes consist of
peii are mostly of bronze.  Sometimes they were
made of the more precious metals and even of
jewels, as was the one which Antiochus intended
to dedicate to Jupiter Capitolinus.  (Cic. Verr. iv.
28.)  In the temples of the gods and palaces there                                 / 
were frequently large candelabra made of marble,
aIld fastened to the ground.  (Museo Pio-Clem. iv.
1. 5, v. 1. 3.)
There is a great resemblance in the general plan
and appearance of most of the candelabra which
have been found.  They usually consist of three
parts:-1. the foot (3PcLds); 2. the shaft or stem
(,cauXds); 3. the plinth or tray (o-Tcds), large
enough for a lamp to stand on, or with a socket to
receive a -wax candle.  The foot usually consists
of three lions' or griffins' feet, ornamented with  
leaves; and the shaft, which is either plain or,=
fluted, generally ends in a kind of capital, on
which the tray rests for supporting the lamp.                 s
Sometimes we find a figure between the capital and      e
the tray, as is seen in the candelabrum  on the
right hand in the annexed woodcut, which is taken
from the Musseo Borbonico (iv. pl. 57), and repre  
Lents a candelabrum  found in Pompeii.  The one
on the left hand is also a representation of a




CANDYS.                                       CANTIHARUS.                  237
a figure supporting a lamp (MAus. Botb. vii. pl. 15),
or of a figure, by the side of which the shaft is
placed with two branches, each of which terminaies in a flat disc, upon which a lamp was placed.                                   it
A candelabrum  of the latter kind is given in the
preceding woodcut (Ales. Borb. iv. pl. 59).  The
stem  is formed of a liliaceous plant; and at the
base is a mass of bronze, on which a Silenus is
seated engaged in trying to pour wine from a skin
which he holds in his left hand, into a cup in his
right.
There was another kind of candelabrum, entirely
different from those which have been described,    -_      a.
which did not stand upon the ground, but was    CANE'PHOROS (tav7p'(pos). When a sacrlplaced upon the table.  These candelabra usually  fice was to be offered, the round cake (-poXla
consist of pillars, from the capitals of which several (peois, 7r7rayov, oAx, mold salsa), the chaplet
lamps hang down, or of trees, from whose branches  of flowers, the knife used to slay the victim, and
lamps also are suspended.  The following wood- sometimes the frankincense, were deposited in a
cut represents a very elegant candelabrum of this  flat circular basket (Kds'eov, canistrusn), and this
kind, found in Pompeii. (A1lus. Borb. ii. pl. 13.)    was frequently carried by a virgin on her head to
The original, including the stand, is three feet the altar.  The practice was observed more espehigh.  The pillar is not placed in the centre, but cially at Athens.  When a private man sacrificed,
at one end of the plinth, which is the case in al- either his daughter, or some unmarried female of
most every candelabrum  of this description yet his family, officiated as his canephoros (Aristoph.
Aclsare. 241-252); but in the Panathenaea, the
Dionysia, and other public festivals, two virgins of, AGJ'. _          the first Athenian families were appointed for the
kfi purpose.  Their function is described by Ovid
(Met. ii. 713-715).
That the office was accounted highly honourable
appears from the fact, that the resentment of Harmodius, which instigated him to kill Hipparchus,
arose from the insult offered by the latter in for-i-~2~sMI lllli9           IIbidding the sister of Harmodius to walk as canephoros in the Panathenaic procession.  (Thucyd.
vi. 56; Aelian, V. H. xi. 8.)  An antefixa in the
British Museum (see woodcut) represents the two
canephoroa approaching a candelabrum.  Each of
them elevates one arm to support the basket, while
she slightly raises her tunic with the other. This
found.  The plinth is inlaid in imitation of a vine, attitude wa s much admired by ancient artists.
the leaves of which are of silver, the stem and fruit Pliny (H. NV. xxxvi. 4. s. 7) mentions a marble
of bright bronze.  On one side is an altar with  canephoros by Scopas, and Cicero (Verr. iv. 3)
wood and fire upon it;* and on the other a Bacchus  describes a pair in bronze, which were the exquisite
riding on a tiger. (Becker, Gallus, vol. ii. p. 206, work of Polycletus.  [CARYATIS.]    [J. Y.]
&c.)                                                CANISTRUM.  [CANEPHOROS.]
CANDIDA/TUS.  [AMBITUS.]                         CANTABRUM, a standard used at the tiiie
CANDYS (tcdvavs), a gown worn by the Medes  of the Roman empire, and carried in festive proand Persians over their trowsers and other gar- cessions.  (Tertull. Apol. 16; Minuc. Felix, 29.)
ments. (Xen. Cyr. i. 3. ~ 2, Anab. i. 5. ~ 8; Diod.    CANTE'RII is used by Vitruvius (iv. 2) for
Sic. xvii. 77.) It had wide sleeves, and was made  the rafters of the roof, extending from the ridge to
of woollen cloth, which was either purple or of the eaves.                             [P. S.]
some other splendid colour.  In the Persepolitan    CA'NTHARUS  (Kcas'apos) was a kind of
sculptures, nearly all the principal personages  drinking-cup, furnished with handles (cantloarus
are clothed in it.  The three here shown are eanse, Vir. Eel. vi. 17; Hor. Crsin. i. 20).  It is
taken from Sir R. K. Porter's Travels (vol. i. pl. said by some writers to have derived its name
P4).                                 [J. Y.]    from one Ca ntilrus, who fuext mable culps of this




2381             CAPISTRUM.                                          CAPSA.
foml.  (Athen. xi. p. 474, e; Pollux, vi. 96; they are seen on the bas-relief of a sarcophagus in
Plin. tt. N. xxxiv. 19. ~ 25.)  The cantharus was  the Vatican representing her nuptial procession.
the cup sacred to Bacchus (Macrob. Sat. v. 21; See the annexed woodcut.
Plin. H. N. xxxiii. 53), who is frequently represented on ancient vases holding it in his hand, as  
in the following woodcut, which is taken from a
painting on an ancient tase.  (Millingen, Pein- 
tures Antiques, pl. 53.).
0      i0 at                                             1
i The term  POpeELd was also applied to a contrivance used by pipers (ao.ATali) and trumpeters to
compress uheir mouths and cheeks, and thus to aid
them  in blowing.  It is often seen in worlks of
ancient art [CHIRIDOTA], and was said to be the
invention of Marsyas.  (Simonides, Brzznck. An.
%/X2,24~                 t ~~l~~ii. 122; Sophocles, ap. Cic. ad Att. ii. 16  Aristoph. Av. 862, Yesp. 580, Eq. 1147; Schil. ocd
11.)                                  [ J. Y.]
CAPITA'LIS.  [CAPUT.]
CA'PITE CENSI.  [CAPUT.]
CA'PITIS DEMINU'TIO.  [CAPrTT.]
CAPI'TIUM, a portion of a woman's dress,
said by Varro to be so called, because it covers
(capit) the breast. (Varr. L. L. v. 131, ed. Miiller,
and De Vita P. R. iv. ap. Nonium, s. v. capitia;
comp. Gell. xvi. 7; Dig. 34. tit. 2. s. 24.)   But
the word itself would rather lead us to suppose
that it was originally a covering for the head
CA'NTICUM. In the Roman theatre, between  (caput).
the first and second acts, flute music appears to    CAPITOLI'NI LUDI.  [LuIn.]
have been introduced (Plaut. Pseudot. i. 5. 160),    CAPI'TULUM.  [COLUSMNA.]
which was accompanied by a kind of recitative,    CAPSA (dim. CA'PSULA), or SCRI'NIUM,
performed by a single actor, or if there were two, the box for holding books among the Romans.
the second was not allowed to speak with the first. These boxes were usually made of beech-wood
Thus Diomedes (iii. p. 489. ed. Putsch.) says:-  (Plin. II. N. xvi. 43. s. 84), and were of a cylin"' In canticis una tantum debet esse persona, aut si drical form.  There is no doubt respecting their
duae fuerint, ita debent esse, ut ex occulto una  form, since they are often placed by the side of
audiat nee colloquatur, sed secum, si opus fuerit, statues dressed in the toga.  The following woodverba faciat."  In the canticum, as violent gesti-  cut, which represents an open capsa with six rolls
culation was required, it appears to have been the  of books in it, is from a painting at Pompeii.
custom, from  the time of Livius Andronicus, for
the actor to confine himself to the gesticulation,
while another person sang the recitative.  (Liv.
viii. 2; Lucian, De Saltcat. 30; Isidor. Orig. xviii. 
44.)  The canticum  always formed a part of a
Roman comedy. Diomedes observes that a Roman
comedy consists of two parts, dialogue and canticumin
(Latinae comoediae duobus taentuznu sisembris constant,
diverbio et cantico).  Wolf (De Canticis, p. 11) 
endeavours to show that cantica also occurred in
tragedies and the Atellanae fabulae.  There can
be no doubt that they did in the latter; they
were usually composed in the Latin, and sometimes
in the Greek language, whereas the other parts of
the Atellane plays were written in Oscan.          There does not appear to have been any difCAPISTRUM   (bopetdr), a halter, a tie for ference between the capsa and the scriniuzms, except
horses, asses, or other animals, placed round the  that the latter word was usually applied to those
head or neck, and made of osiers or other fibrous  boxes which held a considerable number of: rolls
materials. In representations of Bacchanalian pro-  (scrinia dac magnis, Mart. i. 3).  Boxes used for
cessions the tigers or panthers are attached to the  preserving other things besides books, were also
yoke by capistra made of vine-branches. Thus we  called capsae (Plin. 1L N. xv. 17. s. 18; Mart. xi.
read of the srite capistratae tigs'es of Ariadne (Ovid, 8), while in the scrinia nothing appears to lhave
LE'dst. ii. 80; Sidon. Apoll. Carrm. xxii. 23), and  been kept but books, letters, and other writings.




CAP UT.                                         - CAPUT.                   239
The slaves who had the charge of these Look- latter, havingo little or no property, were barely
chests were called capsarii, and also custodes scri- rated as so many head of citizens.  (Gell. xvi. 10;
niorunz; and the slaves who carried in a capsa  Cic. De Rep. ii. 22.)
behind their young masters the books, &c. of    He who changed his condition for an inferior
the sons of respectable Romans, when they went one was said to be capite minutes, denziznutus, or
to school, were also called capsarii. (Juv. x. 117.)  capitis minor. (Hor. Cares. iii. 5. 42.)'The phrase
We accordingly find them mentioned together with  se capite demsinuere was also applicable in case of a
the paedagogi.  (Suet. Ner. 36.)                 voluntary change of condition.  (Cic. Top. c. 4.)
When the capsa contained books of importance, The definition of Festus (s. v. deminutsus) is, "Deit was sealed or kept inder lock and key (Mart. i. minutus capite appellatur qui civitate mutatus est;
67); whence Horace (Ep. i. 20. 3) says to his  et ex alia familia in aliam  adoptatus, et qui liber
work, Odisti claves, et grata sigilla pudico. (Becker, alteri mancipio datus est: et qui in hostium potesGallus, vol. i. p. 191; Bbttiger, Sabina, vol. i. tatem venit: et cui aqua et igni interdictum est."
p. 102, &c.)                                      There has been some discussion whether we should
CAPSA'RII, the name of three different classes use capitis deminutio or diminutio, but it is indif.
of slaves: -  1. Of those who took care of the  ferent which we write.
clothes of persons while bathing in the public    There were three divisions of Capitis deminutio
baths.  [BALNEAE, p. 189.]  In later times they  -Maxima, Media, sometimes called Minor, and
were subject to the jurisdiction of the praefectus  Minima.  The maxima capitis deminutio consisted
vigilum.  (Dig. 1. tit. 15. s. 3.)  2. Of those who  in the loss of libertas (freedom), in the change of
had the care of the capsae, in which books and  the condition of a free man (whether ingenuus or
letters were kept.  [CAPSA.]  3. Of those who  libertinus) into that of a slave.  The media concarried the books, &c. of boys to school. [CAPsA.]  sisted in the change of the condition of a civis
CA'PSULA.  [CAPSA.]                           into that of a peregrinus, as, for instance, in the
CA'PULUS (iccSrj7, AaGO). 1. The hilt of a  case of deportatio under the empire; or the
sword, which was frequently much ornamented.  change of the condition of a civis into that of a
[GLaAIUS.]   The handles of knives were also  Latinus.  The minima consisted in the change of
much ornamented; and of the beautiful work- the condition of a pater familias into that of a filius
manship sometimes bestowed on them, a judgment familias, as by aclrogation, and, in the later law,
by legitimation; and in a wife in manu, or a
filius familias coming into mancipii causa; consequently, when a filius familias was emancipated
or adopted, there was a capitis deminutio, for both
A'~'^1    i     /       A     iw4)!(these ceremonies were inseparably connected with'J/ /'~/'El~~f/~//           /,,  ithe mancipii causa (cum emancipari nemo possit
/   J('/'  nisi in imaginariam  servilem  causam  deductus.
f   Gaius, i. 134, 162).  This explains how a filius
familias, who by emancipation becomes sui juris,
and thus improves his social condition, is still said:~I,~~/'~.,&,                  to have undergone a capitis deminutio; which expression, as observed, applies to the form by which
the emancipation is effected.
Capitis mimntio, which is the same as deminutio,
A is defined by Gaius (Dig. 4. tit. 5. s. 1) to be
status permutatio; but this definition is not sufficiently exact.  That capitis deminutio which had
the most consequence was the maxima, of which
eCA.41    )jjI'j                          the media or minor was a milder form. The
(ii~i,4d,#,~j)j'i  minima, as already explained, was of a technical
___ ~ ll~iii  character.  The maxima capitis deminutio was
sustained by those who refused to be registered at
may be formed from the three specimens here in-  the census, or neglected the registration, and were
troduced.  (Moltfaucon, Ant. Eapliquzee, iii. 122. thence called incensi.  The incensuss was liable to
pl. 61.)                                         be sold, and so to lose his liberty; but this being
2. A bier or coffin.  [FuNuS.]                 a matter which concerned citizenship and freedom,
CAPUT, the head.  The term" head " is often  such penalty could not be inflicted directly, and
used by the Roman writers as equivalent to "' per- the object was only effected by the fiction of the.
son," or " human being." (Caes. Bell. Gall. iv. 15.)  citizen having himself abjured his freedom. Those
By an easy transition, it was used to signify " life: "  who refused to perform military service might also
thus, capite damnari, plecti, &c. are equivalent to  be sold. (Cic. Pro Caecina, 34; Ulp. Fsrag. xi. 11.)
capital punishment.                              A Roman citizen who was taken prisoner by the
Caput is also used to express a man's civil con- enemy, lost his civil rights, together with his
dition; and the persons who were registered in the  liberty, but he might recover them on returning to
tables of the censor are spoken of as capita, some- his country.  [POSTLsMINIUsM.]  Persons contimes with the addition of the word civium, and  demned to ignominious punishments, as to the
sometimes not.  (Liv.iii. 24, x. 47.)  Thus to be  mines, sustained the maxima capitis deminntio. A
registered in the census was the same thing as  free womnan who cohabited with a slave, after
caput lhabere: and a slave and a filius familias, in  notice given to her by the owner of the slave, bethis sense of the word, were said to have no caputt. came an ancilla, by a senatus-consultum, passed iL
The lowest century of Servius Tullius comprised  the time of Claudius.  (Ulp. Frog. xi. 11; cornthe proletarii and the capite censi, of whom the  pare Tacit. Ane. xii. 53, and Suet. Vce,. 1l.?




240                 CARCER.                                            CARCER.
A judicium capitale, or poena capitalis, was one  p. 339, &c.) Again, persons who had been mulcted
which affected a citizen's caput.  The subject of in penalties might be confined till they had paid
the Capitis deminutio is fully discussed by Becker, them.  (Dem. c. Mlfid. p. 529. 26.)  The irlauoi
Jlandbucl  dcer R]?S72ischen  Al.terthsumuer, vol. ii. also, if they exercised the rights of citizenship)
p. 1 00; and by Savigny, System,,   &c. vol. ii. p. 68,  were subject to the same consequences.  (IDenl.
&c.                                    [G. L.]    c. Timlocr. p. 732. 17.)  Moreover, we read of a
CAPUT.  [FENuS.1                                 6eao-/us for theft; but this was a orpogoT-l'l,nta, or
CAPUT  EXTORUM.  The Roman sooth-  additional penalty, the infliction of which was at
sayers (lharutspices) pretended to a knowledge of the option of the court which tried the case; and
coming events from the inspection of the entrails of the 8eioe's itself was not an imprisonment, but a.victims slain for that purpose.  The part to which  public exposure in the 7roolicdKciV, or stocks, for
they  especially directed their attention was the  five days and nights - the Tb fv  uk,  aet&rtucr.
liver, the convex supper portion of which seems to  Still the idea of imprisonment per se, as a punish.
have been called the ccput extolrumn. (Plin. II. N. xi. ment, was not strange to the Athenians.'Thus we
37. s. 73.)  Any disease or deficiency in this organ  find that Plato (Let. x. p. 903) proposes to have three
was considered an unfavourable omen; whereas, prisons: one of these was to be a ocOwpporIo'Toiplov,
if healthy and perfect, it was believed to indicate  or penitentiary, and another a place of punishment
good fortune.  The haruspices divided it into two  -  a sort of penal settlement away from the city.
parts, one calledf7miliairis, the other hoslilis: from  The prisons in different countries were called by
the former, they foretold the fate of friends; from   different names: thus there was the'Aayccalov,
the latter, that of enemies.  Thus we read (Liv. in Boeotia; the K epacos, at Cyprus; the K&cs, at
viii. 9), that the head of the liver was mutilated  Corinth; and, amongst the Ionians, the 7yopypaC,,
by the knife of the operator on the " familiar"' as at Samos.  (Herod. iii. 145; Pollux, ix. 45.)
part (capitt jecin2oris a familiari paorte caesuza), The prison at Athens was in former times called
which was alwvays a bad sign.  But the word  6obalzcorc7piov, and afterwards, by a sort of euplleccaput " here seems of doubtful application; for it mism, ei'cc1/ca. It was chiefly used as a guard-house,
mlay designate either the convex upper part of the  or place of execution, and was under the charge of
liver, or one of the prominences of the various lobes  the public officers called the eleven, o, iv3Eca.
which form its lower and irregularly concave part. One gate in the prison, through which the conIt is, however, more obvious and natural to under-  demned were led to- execution, was called rb
stand by it the upper part, which is formed of two  Xapcowveiov.  (Pollux, viii. 103; Walchsmuth, 1Tlcl.
prominences, called the great and small, or right AltesrthuMzsk. vol. ii. pp. 141, 201, 2d ed.)
and left lobes.  If no caput was found, it was a    The Attic expression for imprisonment was aei,.
bad sign (nilail tristiSs acciderepotuit); if well de- Thus in the oath of the BovAevTai, or senators,
fined or double, it was a lucky omen.  (Cic. De  occurs the phrase obdE 8coow'A077vaiwv oibava.
Div. ii. 12, 13; Liv. xxvii. 26.)     [R. W.]    Hence we have the phrase 6ieo'lsos upvXrKsC  (Thuc.
CARACALLA was an outer garment used in  iii. 34), the I"libera custodia " of the Romans, sigGaul, and not unlike the Roman lacerna.  [LA-  nifying that a party was under strict surveillance
CEarNA.]  It was first introduced at Rome by the  and guard, though not confined within a prison.
emperor Aurelius Antoninus Bassianus, who com-    2. RoMiAN. —A carcer, or prison, was first built
pelled all the people who came to court to wear it, at Rome  by Anlcus MXlartius, overhanging the
whence he obtained the surname of Caracalla. forum.  (Liv. i. 33.)   This was enlarged  by
(Aurel. Vict. Epit. 21.)  This garment, as worn  Servius Tullius, who added to it a souterrain, or
in Gaul, does not appear to have reached lower  dungeon, called fiom him the Tullianum.  Salluist
than the knee, but Caracalla lengthened it so as to  (Cat. 55) describes this as being twelve feet under
reach the ankle.  It afterwards became common  ground, walled on each side, and arched over with
among the Romans, and garments of this kind  stone work.  For a long time this was the only
were called caracallae Antonianae, to distinguish  prison at Rome (Juv. Sat. iii. 312), being, in fact,
them from the Gallic caracallae.  (Aurel. Vict. De  the "CTower," or state prison of the city, which
Caes. 21; Spartian. Sev. 21, Anton. Car. 9.)  It was sometimes doubly guarded in times of alarm,
usually had a hood to it, and came to be worn by  and was the chief object of attack in many conthe clergy.  Jerome (Ep. 128) speaks of palliolums  spiracies.  (Liv. xxvi. 27, xxxii. 26.)   Varro
soirae pulclorit2udiisis  in z72odru caracallarum  sed  (L. L. v. 151, ed. Miller) tells us that the Tillabsqoue cucullis.                                  lianum was also named " Lautumiae," from some
CARBA'TINA.  [PERO.]                             quarries in the neighbourhood; or, as others think
CARICER (kerker, German;'yopTyspa, Greek), in allusion to the'" Lautumiae " of Syracuse, a
a prison.  This word is connected with Epior and  prison cut out of the solid rock.  In later times
E'ipywV, the guttural being interchanged with the  the whole building was called the " Mamertine."
aspirate.                                          Close to it were the Scalae Gemoniae or steps,
1. GtREEi. — Imprisonment was seldom  uised  down which the bodies of those who had been
among the Greeks  as a legal punishment for execulted were thrown into the Forum, to be exoffences; they preferred banishment to the expense  posed to the gaze of the Roman populace. (Craner,
of keeping prisoners in confinement.  WVe do, in- Aoocient Iahly, vol. i. p. 430.)   There were, howdeed, find some cases in which it was sanctioned  ever, other prisons besides this, though, as we
by lawy; but these are not altogether instances of might expect, the words of Roman historians geneits being used as a punishment.  Thus the farmers  rally refer to this alone. One of these was built by
of the duties, and their bondsmen, were liable to  Appius Claudius, the decemvir, and in it he was
imprisonment if the duties were not paid by a  himself put to death.  (Liv. iii. 57; Plin. II. N.
specified time; but the object of this was to pre- vii. 36.)
vent the escape of defaulters, and to insure regu-    The career of which we are treating, was chiefly
larity of pynmenSt. (Bvckhb, Publ. E,:on. ofs Altels, used as a place of clnfinemamlt for persons under




CARDO.                                           CARNEIA.                    241
accusation, till the time of trial;. and also as a  behind the antepagmentum   (marmoreo  aeratus
place of execution, to which purpose the Tullianum
was specially devoted. Thus, Sallust (1. c.) tells
us that Lentulus, an accomplice of Catiline, was          a
hanged there.  Livy also (xxix. 22) speaks of a                        
conspirator being delegatus in Tullianum, which
in another passage (xxxiv. 44), is otherwise expressed by the words in inferiorem desnissus carcereIa, necatusque.
The same, part of the prison was also called'robur," if we may judge from  the words of               b 
Festus: —Robur in careere dicitur is loctus, quo
piraecipitatur maleficoruzss genies.  This identity is
further shown by the use made of it; for it is    -   b
spoken of as a place of execution in the following   -=
passages: -In robore et tekebris e'xspirare (Liv.
xxxviii. 59; Sallust, 1. c.).' Robur et saorus (s~.
Tarpeium) mlinitari (Tacit. Ann. iv. 29).  So also            
stridens in Ilmine cardlo, Virg. Ciris, 222; Eurip.
we read of the catenas —et Italum  robin.  (Hor. Pioen. 114-116, Schol. ad loc.).
Carmi.. -13. 18C.),                  [R. l W.]       The Greeks and Romans also ased hinges exCA'RCERES.  [CiRbcus.]  actly like those now in common use. Four Roman
CA.RCHEISIU.M- (nepXGouOV).  1. A beaker hinges of bronze, preserved in the British Museum,
or drinking-cup, which was used by the Greeks in  are her shown
very early times, so that one is said to have been
given by Jupiter to Alemenia on the night of his
visitto her. (Pherecydes, p. 97-100, ed. Sturtz.)
It was slightly contracted in the middle, and its
two handles extended from the top to the bottom. l,
(Athen. xi. p. 474; 4Macrob. Sat. v. 21.)  It was
much employed in libations of blood, wine, milk,
and honey.  (Sappho, Frog. 70, ed. Neue; Virg.
Georg. iv. 380, Aen. v. 77; Ovid, 1Met. vii. 246;
Stat. Achill. ii. 6.)  The annexed woodcut repre-                    /I
sents a magnificent carchesium, which was presented by Charles the Simplie to the Abbey of
St. Denys.  It was cut out of a single agate, and
The Amnn of the door above delineated makes it
manifest why the principal line laid down in surveying land was called " cardo" (Festus, s. v. Deis c  eonanus; Isid. Orig. xv. 14); and it further ex-,rALi5~,ii             ~_J    plails  the  application                 of the sne term  to the
\- i2-t —".'a!'/  //?"  North Pole, the supposed pivot on which the'    heavens revolved.   (Varr. De Re Rust. i. 2; Ovid,,1'.~,.~    _~  ~  ~'~/      L,? Ponto, i. - 10. 45.)  The lower extremity of
the universe was conceived to turn upon another
"'~ta~~~~~ ~pivot, -corresponding to that at the bottom  of the
door (Cic. De Nat.  Deer. ii. 41 Vitruv. vi. 1,
ix. 1); and the conception of these two principal
points in geography and astronomy led to the ap.
plication of the same term  to the East and West
also. (Lucan. v. 71.)  Hence our "four points of
the compass" are called by ancient writers quatuor
caurdines orbis terrarosn, and the four principal
richly engraved with representations of baechana-  winds, N. S. E. and WV., are the cardinales venti.
lian subjects.  It held considerably more than a  (Serv. ad Aenz. i. 85,)                 [J. Y.]
pint, and its handles were so large as easily to    CARI'NA.  [NAVIS.]
admit a man's hand.                                  CARMENTA'LIA,  an old Roman festival ce2. The upper part of the mast of a ship. lebrated in honour of the nymph Carmenta or
[NtvIs.]                                           Carmentis, for an account of whom  see Dict. of
CARDO (rapds, o7podieVs, o  r      t yyyXv-  Biog, s. v. Camnenae.  This festival was celebrated
aos),'a hinge, a pivot.  The first figure in the an- annually on the 11lth and the 15th of January,
nexed woodcut is designed to show the general and no other particulars of it are recorded except
form of a door, as we find it with a pivot at the  that Carmenta was invoked in it as Postvorta and
top and bottom (a, b) in ancient remains of stone, Antevorta, epithets which had reference to her
marble, wood, and bronze.  The second figure re- power of looking back into the past and forward
presents a bronze hinge in the Egyptian collection  into the future.  The festival was chiefly observed
of the British Museum: its pivot (b) is exactly  by women.  (Ov. Fast. i. 634; Macrob. Sat. i. 7;
cylindrical.  Under these is drawn the -threshold  Gell. xvi. 16;' Serv. ad Vizg, Aen viii. 339; Harof a temple, or other large edifice, with the plan of tung,' Die Religion der Romer, vol. ii. p.1 99.)
the folding doors.  The pivots move in holes fitted    CARNEIA  (Kap'eea), a great national festival,
to receive -them (67, b), each'of which is in an ancle  celebrated by the Spartans in honour of Ap.ollo
R




242             CARNIFEX.                                        CARPENT UM.
Carneios, which, according to Sosibius (up. Atein. slaves. -It was also his business to administer the
xiv. p. 635), was instituted Olymp. xxvi.; although  torture.  This office was considered so disgracefil,
Apollo, under the name of Carneios, was worshipped  that he was not allowed to reside within the city
in various places of Peloponnesus, particularly at (Cic. Pro Rabir. 5), but he lived without the Porta
Amyclae, at a very early period, and even before  Metia or Esquilina (Plaut. Pseud. i. 3. 98), near
the Dorian migration. (MUller, Deo-. i. 3. ~ 8. and  the place destined for the punishment of slaves
ii. 8. ~ 15.)  Wachsmuth (I1ellen. Alterthunzsk. ii. (Plaut. Cas. ii. 6. 2; Tacit. Ann. xv. 60; Hor.
p. 582, 2d ed.), referring to the passage of Athe- Epod. v. 99), called Sestertium under the emperors.
naeus, above quoted, thinks that the Carneia had  (Plut. Galb. 20.)
long before been celebrated; and that when, in    It is thought by some writers, from a passage
Olymp. xxvi., Therpander gained the victory, in Plautus (Rud. iii. 6. 19), that the carnifex was
musical contests were only added to the martial anciently keeper of the prison under the triunmviri
solemnities of the festival.  But the words of capitales; but there does not appear sufficient
Athenaeus, who is the only authority to which  authority for this opinion.  (Lipsius, Excusrs. ad
WVachsmuth refers, do not allow of such an inter-  Tacit. Ann. ii. 32.)
pretation, for no distinction is there made between    CARPENTUM, is one of the earliest kind of
earlier and later solemnities of the festival, and  Roman carriages, of which we find mention. (Liv.
Athenaeus simply says, the institution of the  i. 34.) It was the carriage in which Roman matrons
Carneia took place Olymp. xxvi.  ('E7ye'vEo Be were allowed to be conveyed in the public festal prow  E'rCs T;' KapVew tcaT- Tiv f-KTIr  Kaid ieKOoTV  cessions (Liv. v. 25; Isid. Orig. xx. 12); and that'OkXvj/r~idCa, &s  wc[~ri'ds (p-qoav,  z'  -. irepIo this was a considerable privilege is evident from
Xp6vcv.)  The festival began on the seventh day  the fact, that the use of carriages in the city was
of the month of Carneios = Metageitnion of the  entirely forbidden durine the whole of the republic.
Athenians, and lasted for nine days.  (Athen. iv. The privilege of riding in a carpentum in the public
p. 141; Eustath. ad 11. xxiv. sbfian.; Plut. Syrup. festivals, was sometimes granted as a special priviii. 1.)  It was, as far as we know, a warlike  vilege to females of the imperial family.  (Dion
festival, similar to the Attic Boedromia.  During  Cass. lx. 22, 33; Tac. Ann. xii. 42.)  The form
the time of its celebration nine tents were pitched  of this carriage is seen in the following medal
near the city, in each of which nine men lived in  struck in honour of the elder Agrippina after her
the manner of a military camp, obeying in every- death.
thing the commands of a herald.  Miiller also supposes that a boat was carried round, and upon it
a statue of the Carneian Apollo ('A7rdXAeov o're/U- T
uarrias), both adorned with lustratory garlands,
called NiK[Xov orres,uTta-raiov,, in allusion to the                1 R'A      _
passage of the Dorians from Naupactus into Pelo-               A EP HhA        L =
ponnesus.  (Dorians, i. 3. ~ 8. note s.)  The priest   |
conducting the sacrifices at the Carneia, was called'AWyqvrs, whence the festival was sometimes designated by the name'AyT.rdpla or'ArpEov               X,
(Hesych. s. v.'Ay'yrd6peio, ); and from each of the          
Spartan tribes five unmarried men (KapeEr-a) 
were chosen as his ministers, whose office lasted
four years, during which period they were not allowed to marry. (Hesych. s. v. KapvedTra.) Some    The carpentom was also used by private persons
of them bore the name of: TUOuAelPo&tot. (lesych. for journeys; and it was likewise a kind of state
s. v.; compare Bekker, Anecd. p. 205.)  Ther- carriage, richly adorned and ornamented. (Prop. iv.
pander was the first who gained the prize in the  8. 23; Juv. viii. 147, ix. 132.)
musical contests of the Carneia, and the mnusicians    This carriage contained seats for two, and someof his school were long distinguished competitors  times for three persons, besides the coachman. (Liv.
for the prize at this festival (Muller, Dor. iv. 6.  i. 34; Medals.) It was commonly drawn by a pair
~ 3), and the last of this school who engaged in  of mules (carentsetn mulare, Lamprid. Ileliog. 4);
the contest was Pericleidas.  (Plut. De Ale~us. 6.) but more rarely by oxen or horses, and sometimes
When we read in HIerodotus (vi. 106, vii. 206) by four horses like a quadriga.  For grand occaand Thucydides (v. 54, and in other places) that sions it was very richly adorned.  Agrippina's
the Spartans during the celebration of this festival carriage, as above represented, shows painting or
were not allowed to take the field against an  carving on the panels, and the head is supported
enemy, we must remember that this restriction was by Caryatides at the four corners.
not peculiar to the Carneia, but common to all the    When Caligula instituted games and other sogreat festivals of the Greeks: traces of it are found  Iemnities in honour of his deceased mother Agripeven in Homer.  (Od. xxi. 258, &c.)              pina, her carpentum went in the procession. (Suet.
Carneia were also celebrated at Cyrene (Calli- CaIlq. 15.)   This practice, so similar to ours of
mach. HIymn. in Apoll. 72. seq.), in Thera (Calli- sending carriages to a funeral, is evidenitly alluded
mach. 1. c.; Pindar, Pythl. v. 99. seq.), in Gythion, to in the alto-rilicvo here represented, which is
R[essene, Sicyon, and Sybaris (Paus. iii. 21. ~ 7, preserved in the British Museum.  It has been
and 24. ~ 5, iv. 33. ~ 5, ii. 10. ~ 2; Theocrit. v. 83; taken from  a sarcophagus, and exhibits a close
compare Miller's Orchom. p. 327).     [L. S.]    carpentum drawn by four horses.  Mercury, the
CA'RNIFEX, the public executioner at Rome, conductor of ghosts to Hades, appears on the front,
who put slaves aiid foreigners to death (Plaut. and Castor and Pollux with their horses on the'Bacch. iv. 4. 37; Ca t. v. 4. 22), but no citizens, side panel.
Qi:ho were punished  in a manner different from:Carpenta, or covered carts, weie  much used by




CARRUCA.                                          CARYAT IS.                  243
the Britons, the Gauls, the Cimbri, the Allobroges, s. 13); whence Ulpian (Dig. 21. tit. l. s. 38. ~ 8)
and other northern nations.  (Florus, i. 18, iii. 2, speaks of mnule carrzucariae.
CARRUS. [CARPENTU/M.]
t,,lllll tllllliil i imtli'    CA'RYA  or CARYA'TIS  (icapSa, Kapvafris),
X v-\(.Am_~?                    l            a festival celebrated at Caryae, in Laconia, in
1\~~~~W  M      r      c3P \lonour of Artemis Caryatis. (Hesych. s. v. Kapdai.)
~-' —- ~'    It was celebrated every year by Lacedaemonian
Ad q0~),~ %     maidens (Kapva'rtaes) with national dances of a
7a~ -ii ~~-  ~~~~very lively kind (Paus.iii. 10. ~8; iv. 16. ~5  Pollux, iv. 104), and with solemn hymns.  [L. S.]
__I~'2                ~    ~ ~ CARYA'TIS (capvtrTs); pl. CARYA'TIDES.
From  the notices and testimonies of ancient authors, we may gather the following account:-That
border; that its inhabitants joined the Persians
—' —z:'2.'.w,...... -'~ after the battle of Thermopylae (Herod. viii. 26;
Vitruv. i. 1. ~ 5); that on the defeat of the Persians
3, and 10.)  These, together with the carts of the  the allied Greeks destroyed the town, slew the
more colnmon form, including baggage-waggons, men, and led the women into captivity; and that,
appear to have been comprehended under the term  as male figures representing Persians were aftercarri, or caera, which is the Celtic name with a  wards employed with an historical reference instead
Latin  termination.   The  Gauls and  Helvetii of columns in architecture LATLANTES; PERSAE],
took a great multitude of them  on their military  so Praxiteles and other Athenian artists employed
expeditions; and, when they were encamped, ar-  female figures for the same purpose, intending
ranged them in close order, so as to form extensive  them to express the garb, and to commemorate the
lines of circumvallation.  (Caes. Bell. Gall. i. 24,  disgrace of the Caryatides, or women of Caryae.
26.)                                   [J. Y.]    (Vitruv. I. c.; Plin. hi1. N. xxxvi. 45 and 11.)
CARPOU  DIKE' (icap'rov 31Ko), a civil action  Figures of Caryatides are exceedingly common in
under the jurisdiction of the thesmothetae, might the remains of ancient architecture. The following
be instituted against a farmer for default in pay- specimen is taken from MUller's Denkamtler der
ment of rent.  (Meier, Att. Proc. p. 531.)  It was alten ldenst.
also adopted to enforce a judicial award when the
unsuccessful litigant refused to surrender the land
to his opponent (Hudtwalcker, p. 144; Meier, Att.
Proc. p. 750), and might be used to determine the
right to land (Harpocrat. s. v., and Oboiias AiKc),
as the judgment would determine whether the
plaintiff could claim rent of the defendant. [J. S. M.]
CARRAIGO, a kind of fortification, consisting                      /1
of a great number of waggons placed round'an
arImy.  It was employed by barbarous nations, as,
for instance, the Scythians (Trebell. Poll. Gallien.
13), Gauls [CARPENTUTJ], and  Goths (Amm.
Marc. xxxi. 20).  Compare Veget. iii. 10.
Carrago also signifies sometimes the baggage of                      A
an army.  (Trebell. Poll. Claud. 8; Vopisc. AsureCARRU'CA, a carriage, the name of which 
only occurs under the emperors.  It appears to
have been a species of rheda [RHEnDA], whence
Martial in one epigram (iii. 47) uses the words as
synonymous.  It had four wheels, and was used
in traveiling. Nero is said never to have travelled
with less than 1000 carrucae.  (Suet. Ner. 30.)
These carriages were sometimes used in Rome by
persons of distinction, like the carpenta [CARPENTTUM], in which case they appear to have been
covered with plates of bronze, silver, and even gold,
which were sometimes ornamented with embossed
work.  Alexander Severus allowed senators at.
Rome'to use carrucae and rhedae plated with silver
(Lamprid. Alex. Sev. 43); and Martial (iii. 72)    After the subjugation of the Caryatae, their
speaks of an aurea carruzc which cost the value  territory became part of Laconia.  The fortress
of a farm. We have no representations of carriages  (Xcopiov, Steph. Byz.) had been consecrated to
in ancient works of art which can be safely said to  Artemis (Diana Ciaryatis, Serv. in  riry. Eel. viii.
he carrucae; but we have several representations  30), whose image was in the open air, and at whose
of carriages ornamented with plates of metal. (See  annual festival (KapuvarTs Eopr', IHesych.) the LaInghirami, Monan. E trusclh. iii. 18. 23; Millingen,  conian virgins continued, as before, to perform a
Uned. Mon. ii. 14.)   Carrucae were also used for  dance of a peculiar kind, the execution of which
carrying women, and were then, as well, perhaps,  was called icapvaT'rifw. (Pans. iii. 10. ~ 8; iv. 16.
as in other cases, drawn by mules (Dig. 34. tit. 2. ~ 5; Lucian, De  Salt.)               [J. Y.]
31~~~~J Y.




244               CASTRA.                                           CASTRA.
CASSIS.  [GALEA;  RETE.]                       sam1e  for the stme epoch.  Ill hiberna, huts of
CASTELLUM  AQUAE.  [AQUAEnUCTUS.] turf or stone would be substituted for the open
CASTRA.  It is well known that Roman  tents of the aestiva (hence aedificare liberna), and
armies never halted for a single night without in stativa held for long periods the defences would
forming a regular entrenchment, termed castra, present a more substantial and finished aspect, but
capable of receiving within its limits the whole  the general outline and disposition of the parts
body of fighting men, their beasts of burden, and  were invariable: a camp was laid down, arranged
the baggage.  So essential was this operation con- and fortified according to a fixed and well-known
sidered, that even when preparing for an immediate  plan, modified only by the numbers for whom it
engagement, or when actually assailed by a hostile  was required to provide accommodation, but altoforce, it was never omitted, but a portion of the  gether independent of the nature of the ground or
soldiers were employed in' constructing the neces- of the fancy of the general, so that each battalion,
sary works, while the remainder were standing to  each company, and each individual, had a place
their arms or resisting the enemy: and so com- assigned to which they could at once repair -without
pletely was it recogniised as a part of the ordinary  order, question, delay, or confusion.
duties of each march, that pervenire ad lobtn tei-    At what period the practice of throwing up
tiis... quartis... septuagesisis castris are the  elaborate field-works for the protection of an army
established phrases for expressing the number of engaged in active service was first commenced by
days occupied in passing from one point to another. the Romans, it is impossible to determine; but we
TWhenever circumstances rendered it expedient for may safely conclude that, like all other parts ofa force to occupy the same ground for any length  their military tactics, it was matured by a slow ancd
of time, then the encampment was distinguished  gradual process.  Livy and Dionysius, indeed,
as castra  stativa.  (Liv. xxvii. 12  Caes. B. G. would lead us to suppose that regular camps existed
viii. 15, B. C. i. 42; Hirt. B. Af. 51, B. Al. 74.)  from the most remote epoch to which their annals
When the protracted and distant wars in which  extend; but the language of these historians is in
the republic became engaged, as its sway was  general so loose upon all matters of antiquarian regradually extended first over the whole of Italy, search, and they are so much in the habit of transand subsequently over Greece,' Asia, and Africa, ferring to the earliest ages the usages of their own
rendered it impossible for the legions to return  contemporaries, that no safe inference regarding
home in winter, they usually retired during the  points of this nature can be drawn from their words.
months when active military operations' were sus-  Frontinus, on the other hand, declares that the
pended, into some city where they could be pro- idea of a fortified enclosure, calculated to contain a
tected from  the inclemency of the season, and  whole army, was first suggested to the Romans by
where the comforts of the men could be readily  the camp of Pyrrhus, which they captured near
secured; or they were dispersed up and down in  Beneventum; but the statements of this author
detachments among friendly villages (in lsiberna  have never been deemed to possess much weight,
concedere; exercitun  in 7Liberna dimittere; exer- and in this particular instance many considerations
citem per civitates in lziberna dividere).  It is true  preclude us from admitting his testimony as credible.
that extraordinary emergencies, such as a protracted  It is evident, however, from the facts detailed in
blockade, or the necessity of maintaining a constant the article EXERCITUS that a canip, such as the
watch upon the movements of a neighbouring and  earliest of those of which we possess any detailed
vigorous foe, might compel a commander to keep  account, could not have assuined that shape until
the field for a whole year or even longer, but to  the tactics of the phalanx were superseded by the
order an army, except in case of necessity, to winter manipular divisions; and it may be held as certain
under canvass (hiemare sub pellibus; lsienzenz  sub that each of the great wars in which the Commontentoriis exigere) was long regarded as a severe  wealth was successively engaged for more than a
punishment, inflicted only in consequence of grievous  century-with the Samnites, with Pyrrhus, with the
misconduct.  (Frontin. Strat. iv. 1. ~ 24.)  As  Cisalpine Gauls, and with the Carthaginians, must
the boundaries of the empire were gradually pushed  have led to a series of improvements.  The syster
forward into wild and barbarian lands, where there  was probably brought to perfection in the camwere no large towns and no tribes on whose faith  paigns against Hannibal, and underwent no mrn
reliance could be placed, such arrangements became  terial alteration until the organic changes in the
impracticable, and armies, whether of invasion or constitution of the army, which took place not long
occupation, were forced to remain constantly in  before the downfal of the constitution, during the
camps.  They usually, however, occupied different civil broils, and under the earlier emperors, rendered
ground in summer and in winter, whence arose the  a corresponding change in the internal economy of
distinction between castra aestiva and castra hi- the camp unavoidable.  Hence, although it would
berna, both alike being stativa.' Such posts were  be at once vain and unprofitable to attempt an infrequently, if situated advantageously, garrisoned  vestigation of the various changes through which a
permanently; and the peaceful natives who sought Roman camp passed before it assumed what may
to enrich themselves by trading with their con- be called its normal shape, it is evidently absolutely
querors, settled for security in the immediate vi-  necessary for all who desire to obtain even a slight
cinity.  (Caes. B. C. vi. 37.)  Thus in the distant knowledge of the Roman art of war, to make themprovinces, these forts formed a centre round which  selves acquainted with this important feature in
a numerous population gradually clustered; and  their system during the best days of the republic
many important towns, still existing in our own  and the empire.  And fortunately the records of
country, indicate their origin by the termination  antiquity enable us to supply such information with
ctester..                                    considerable minuteness.  Polybius, the friend and
But whether a camp was temporary or perma-  companion of the younger Scipio, has transmitted
nent, whether tenanted in summer or in winter, to us a description of a Roman camp, such as he
the main featluebs of the workl were always the  must have often seen with his own eycs, and a cer



CASTRA.                                          CASTRA.                   245
tain Hyginus, a gromatices or land surveyor, who  rectly from Polybius, and those with regard-to the
flourished under Trajan and Hadrian, has left us a  second, from Hyginus, unless when the contrary is
technical memoir on the art of castrametation as distinctly indicated. But while we endeavour to
practised in his own day.  To these some might explain clearly all the parts of the camps themselves,
feel inclined to add the remarks of Vegetius, who  we must refer to the article EXERCITUS for everylived during the reign of Valentinian, but for thing that concerns the different kinds of troops,
reasons which are stated elsewhere [EXERCITUS]  their divisions, their discipline, and their officers.
it will be more safe to neglect him altogether.
We shall proceed to describe these two camps              I. CAMP OF POLYBIUS.
in succession, it being understood that the leading    The camp described by Polybius is such as
statements with regard to the first are taken di- would be formed at the close of an ordinary day's
(Fig. i.)
Alo
D O e D isDS X Dj3 W_. Z[ I          6 I_           I                 D
m~o j t                                             I                                     i"i:"'  1   N I Bt
~o         COs             c15s              C3f      _ A _   _ _2 C_(                   C      7    Cr
11           xY      X    n r    T   S'Xlt         f P  P' f, i (' 1 g  VEN is<
_o          _ _                                 I                 i J                  1 —3A)o
R 3
-r                                              AS
"~-;'''~~~~~~~~~~~~~~
Ao




246               CASTRA.                                          CASTRA.
march by a regular consular army consisting of two    On B0 B1  make A B,; A B3 each-100 feet.
Roman legions with the full contingent of Socii.   Through B, and B3 draw straight lines parallel to
Each legion is calculated at 4200 infantry and 300  Ao Al cutting Co C1 in C, and C, and cutting
cavalry, the Socii furnished an equal number of DO D1 in Do and D3; in this manner a square
infantry and twice as many cavalry, so that the  area C2 C3 D3 D2 is determined, each side of
whole force would amount to 16,800 foot and 1800  which = 200 feet.
horse.                                             Along As Fo set off As P = 25 feet; P Q =
Clioice of -tile  round. - Although, as stated  100 feet; Q R = 50 feet; R S = 50 feet; S T
above, the general outline, the defences, and the  = 100 feet; T V = 100 feet; V W  = 50 feet;
internal economy of a camp were altogether inde- W  X = 133- feet; X Y= 200 feet; Y Z = 200
pendenIt of the nature of the ground, yet great feet.
importance was attached to the choice of a fitting    Along A1 F5 set off A5 PI; P' Q; Q' R'....
situation which should admit of being readily laid  Y' Z', equal respectively to A5 P; P Q; Q R;
out in the required form, which should afford no.... Y Z.
tacilities for attack or annoyance, which should be    Through Z Z' draw  straight lines parallel to
convenient for procuring wood, water, and forage, Ao A,, cutting Go G1 in z and z', and cutting Lo
and which the army might enter and quit without L1 in 0 and 0'.  The square area 0 0' zI z thus
danger of surprise.  Skill in the selection of such  determined was the camp.
a spot (capere locum castiss) was ever considered as    Again, through P; Q; B... Y, and through
a high quality in a general, and we find it recorded  PI; Q'; R'.... Y' draw straight lines parallel to
among the praises of the most renowned com- Ao A, cutting the parallels to Bo B1 in the points
manders that they were wont in person to perform  marked in the figure.
this duty (e.g. Liv. ix. 17, xxxv. 14, 28; Tacit.    Finally, on Ho H1 lay off Al s Ha and A,, IT4
-ist. ii. 5, Agric. 20; comp. Quintil. I. 0. xii. 3. each = 25 feet, and through Hs; I-I4; draw
~ 5). Under ordinary circumstances, however, the  straight lines parallel to Ao Al, cutting Ko K1 in
task was devolved upon one of themilitary tribunes, K, and K4.
and a certain number of centuriolis appointed from  This construction being completed we now pro.
time to time for the purpose.  These having gone  ceed to explain the arrangement of the different
forward in advance of the army  lsitil they reached  parts referring to figure 2, in which the lines no
the place near which it was intended to halt, and  longer necessary are obliterated, the spaces occuhaving taken a general survey of the ground, se- pied by the troops or officers enclosed by dark
lected a spot from whence a good view of the whole  lines, and the streets (viae) distinctly laid down.
proposed area might be obtained, that spot being  In practice the most important points were marked
considerably within the limits of the contemplated  by white poles, some of which bore flags of various
enclosure.                                       colours, so that the different battalions on reachinlg
Constrmuction.- The spot answering these con- the ground could at once discover the place asditions and which we shall call A (fig. 1.) was signed to them.
marked by a small white flag.  The next object    The white flag A, which served as the starting
was to ascertain in what direction water and fodder point of the whole construction, marked the position
might be most easily and securely provided -   of the consul's tent, or praetoriumz, so called because
this direction we indicate by the arrow in the sub- praetor- was the ancient term for any one invested
joined figure.  Upon the position of A and the  with supreme command.  The square area Ca D3
direction of the arrow depended the disposition of was left open extending, as we have seen, a hunall the other parts of the work; for these two pre- dred feet each way from  the praetorium.  That
liminary points being decided, the business of mea- portion of the camp which lay in the direction of
suring out the ground (metari Castra) commenced, the arrow (irpbs T-' icrbs Elr,~la'Evtla) from the
and was executed, as we learn from various sources, line Eo E  (fig. 1) was termed the front or forewith graduated rods (decempedae) by persons de- part of the camp (eoi  7Vravrbs XrmaTeos iearT
nominated metalores.  The different steps of the  rp0oossrov).
process may be most briefly and distinctly set    The number of legions being two and the numdown in the ordinary language of a geometrical her of tribunes in each being six, their tents were
construction.                                    arranged six and six at equal distances along the
Through A draw a straight line Ao AI, parallel line Eo E1 (fig. 1) exactly opposite to and looking
to the direction of the arrow, a straight line Bo B 1  towards the legions to which they belonged. Hence,
at right angles to Ao Al.  These two straight as will be seen from what follows, they did not
lines Ao A1, and B3 BI, served as the bases by  extend beyond the points E3 and E4, but whether
which the position of all the different divisions of they were distributed at equal distances along the
the camp were determined.                        whole of the line E3 E4, or whether the space in
Along  A Aoset off A A, -100 feet; A, A, front of the praetorium  was left vacant, as in our
= 50 feet; A4 A5; A5 A6; A6 A3; A7 Ao; figure, as seems most probable, may admit of doubt.
As A; A A A each=100  feet;A       0 AlA   50 The space of fifty feet included between the pafeet; l A1 Ala; A12 Al3; A13 A14; A 14 Al; rallels CO Cl and Eo E1 (fig. 1), immediately beA5  Al 6 each —=100 feet; A   A1 7=200 feet.   hind the tents of the tribunes, was appropriated
Along A A1 set off A A3; A3 A  s, each= 100  to their horses, beasts of burden and baggage.
feet; Al:8 Al 9=167 feet; Al 9 A2o=200 feet.       The ten areas marked 1 were set apart for the
Through A2; AA; A4; Al; A1  1;A1 s; cavalry of one legion, and the corresponding tenll
A20 draw CO Cl; DoD1; Eo El; F0 F1; GoG; areas marked 1' for the cavalry of the other legion.
IIto HI; Ko0 K1; Lo L1 straight lines parallel to  These all faced towards the street P P', and each
Bo B1, and in like manner draw through A6; A7; area, containing a space of 10,000 squara feet,.... A   straight lines parallel to Bo B1, as  was allotted to one turma or troop of 30 dragoons,
maked in the figure.                            vwith their horses and baggage.




CASTRA.                                           CASTRA.                 247
-(Fig. 2.)
z 017
o                                            Atso o
PORTA PRAETORIA
14!                            1A'
0. —
12     10                                                  10     12
07Cg C.                   Co             CCz Ca                      C                       V
L~ ~ ~ ~     ~       ~      ~       ~      ~      ~1r.          1.
it:, |PR                                 TA En _At n
X-'.X:. TW"V' T Is.' 1.' S' T''VW' X:
- 00   10oo          100 100 S00 1(o aM-1 —           10 -100oo  o -i3'   o00  o
l3 ~                                       I e 2;0  32 1~~   5';' 
l..
l T XXF? LF0< T
o      0            1'    0  i' ~'    2'                             0 ~  40
O            4| si; 1     |                    6'
v'.QUI.TAnr A'                                          VIPORTAA E CU M A NAAA
-;,. 1,) 7
Back to back with the cavalry, and looking out The total number was 600 to each legion, but of
upon the streets R S, RI S', the Triarii of the  these J or 200 were separated under the name of
two legions were quartered in the areas 2 and 2/. extraordinarii, and quartered in a different part of
Each area contained 5000 square feet, and was the camp.  Consequently, each of the spaces 5 and
allotted to a maniple of 60 men; hence, according  5' was calculated to accommodate 40 dragoons with
to the calculation here followed, a dragoon and  their horses; and allowing them  the same space
his horse were allowed as much space as 4 foot as the legionary cavalry, each of these areas must
soldiers.                                        have contained somewhat more than 13,333 square
In the areas marked 3 and 3' facing the Triarii feet.
were quartered the principes of the two legions;    Back to back with the cavalry of the allies, and
each of these areas contained 10,000 square feet, looking towards the rampart which enclosed the
and was allotted to a maniple of two centuries, camp, the infantry of the allies were quartered in
that is, 120 men.                                the areas marked 6'and 6'  The total number
In the areas marked 4 and 4', back to back  was 3000 for each legion, but of these l or 600
with the principes, and looking out upon the  were separated as extraordinarii and quartered in
streets V W, VI WI, were quartered the Hastati a different part of the camp. Hence there would
of the two legions, the number of men being the  remain 2400, or 240 for each of the spaces 6 and 6',
same as in the Principes, and an equal space being  and these accordingly contained 20,000 square
assigned to them.                                feet.
Facing the legionary Hastati, in the areas    The open space immediately behind the tents
marked 5 and 5' and, were the cavalry of the allies. and baggage of the tribunes, extending to the right
R4




248               CASTRA.                                           CASTRA.
and left of the space allotted to the general, was as-  over many important points on which we should
signed on one side to a forum, and on the other, to  desire information, and that occasionally his lanthe quaestor and his department (tC -e'rC/alta, iKal guage is not entirely free from ambiguity.
rass ac/sa ToV'rT Xop71YiraL). These are marked 7    Under the head of omissions, we must note -
and 8, but we are not told on which side they re-    1. The absence of all information with regard
spectively stood.                                to the manner in which the Velites were disposed
Still further to the right and left of the praeto-  of.  These, at the time when Polybius wrote,
rium in 9, 10, and 9', 10', looking respectively to-  amounted to 1200, or, at the lowest computation,
wards the forum and the quaestorium, were a  to 1000 for each legion; and taking the same
body of cavalry, selected from  the extraordinarii number for the contingent of the Socii, we shall
equites (oi Cov El7 rLXAEKTcW V r7rErov &ardXIeCo0t), and  thus have a body of at least 4000 men unprovided
a body of cavalry serving as volunteers out of com- for.  It is true that he subsequently states, in a
pliment to the general (Kcai rtIes crV'edEovT7r'o'rl  passage which we quote below, that the velites
rrpaTrvoeoEv C71' T r',7rdowi  XdCPLrT), analogous,   kept guard by night and by day along the whole
probably, to the El'ocati of later times.  Back to  extent of the rampart, and that they were stationed
back with these, looking towards the rampart, in  in bodies of ten to watch the gates.  Hence some
11, 12 and 11' 12', were quartered the foot-soldiers  have supposed that the light-armed troops always
belonging to the same classes as the cavalry just bivouacked outside the camp; others, that they
named.  On the march, these troops were always  occupied the intervallum; others, that, just as in
near the person of the consul and of the quaestor, the line of battle, they did not form a distinct
and served as a sort of body-guard to them. Their corps, but were distributed among the hastati,
number is nowhere specified, and hence the exact principes, and triarii, according to a given ratio, so
space required for their accommodation cannot be -in like manner they were, in the camp, quartered
determined.                                      along with those divisions to which they were atIn -13 and 13', looking towards the quaestorium, tached in the field.  The velites ceased to form
praetorium, and forum, were quartered the re- a portion of the legion about the time of Marius,
mainder of the. extraordinarii equites.  Back to  and consequently the later Roman writers throw no
back with these, facing the'ramparts in 14 and 14', light upon the question.  It is remarkable, also,
were the remainder of the extraordinarii:pedites. that while Polybius passes them over completely in
The spaces marked 15, 15' on the flanks of 13, 14, the internal arrangements of his camp, so also he
13', 14', were assigned to foreign troops or to allies  takes no notice whatsoever of them when describing
not included in the regular contingent, who might the agmenz or the order of narch in which an army
chance to be present (Tros &XXocspXois Kail'ros ils  usually advanced.
-To Kicapos 7rpooyLyO/tlEoo s ouVtUctaXoIS).     2. No mention is made of the legati.  Lipsius,
The form of the camp was an exact square  (r'rpd-  in his plan of a Roman camp after Polybius, assigns'ycouov itodrXevpov), the length of each side being  to them a compartment next to the praetorium on
2017 Roman feet.                                 the side opposite to that where the quaestorium
The clear space between the ramparts and the  stood; but this is merely a conjecture.
tents (intervallzum) was 200 feet, and this was of    3. The praefjcti sociorusm  likewise are passed
the greatest service in facilitating the marching in  over.  Since they corresponded among the troops
and out of the soldiers without crowding or eonfu-  of the allies to the tribuni in the legions, it seems
sion.  Here, also, cattle and other booty were kept highly probable that their tents were ranged along
and guarded; and the breadth was sufficient to  a prolongation of the line on which the latter stood,
prevent any ordinary missile or fire-brand hubled  and thus they also would be placed immediately
into the camp from doing serious injury.         opposite to and looking towards the soldiers under
The principal street, stretching right across in  their immediate command.
front of the tents of the tribunes, was 100 feet    4. The number of tents allowed to. each maniple
wvide and was named Principia.  It will be ob- or century is nowhere stated, and consequently
served that the lengthened lines of the ten turmae  the number of men in each tent is unknown, nor
and.nanipuli in each division is intersected at the  are we very distinctly told how the centurions and
termination of the first five by a road fifty feet other officers of the infantry and cavalry inferior to
wide, called the Via Quintana.! The position of the tribunes were provided for; it is merely said
the remaining five viae in the fore-part of the  that the TratLapxot in each maniple took the first
camp, all of which intersect the Via Quintana at tents on each side, that is, probably, at each end
right angles, will be understood at once by in- of the row which held one maniple.
specting the plan, the width of each being 50 feet.   5. With regard to the fortifications of the camp
When two consular armies encamped together it is stated that the digging of the ditch ('rappela)
within-the same rampart, two ordinary camps were, and the formation of the, rampart (Xapatosroita)
it may be said, applied to each other at the ends  upon two sides of the camp was assigned to the
nearest to their respective praetoria.' The two prae-  socii, each division taking that side along which it
toria faced in opposite directions, and the legions of was quartered; while the two remaining sides
the two consuls stretched their lines in' front of were in like manner completed by the legionaries,
each praetorlum, so that the figure of the camp was one by each legion.  The work upon each side
now no longer a square, but a rectangle, whose  was portioned out among the maniples, the cenlength was twice that of an ordinary camp, the  turions acted as inspectors of the tasks performed
breadth being the same.                         by their respective companies, and the general
Although the words of Polybius are, as a whole, superintendence was undertaken by two of the
so full and clear that we can have little difficulty  tribunes.  The nature and the dimensions of the
in forming a distinct conception of the camp which  defences are not, however, specified.  These conle describes and in delineating the differenit parts, it sisted of a ditch (fossa), the earth from which was
must not be concealed that he has altogether passed  thrown inwards, and formed, along with turf and




CASTRA.                                           CASTRA.                  249
stones, into a mound (agger), on the summit of towards the Porta Praetoria or towards the legions
which a strong palisade of wooden stakes (sudes, and the Porta Decumana?  On the reply to this
valli) was fixed forming the rampart-( Vallum s. question, which can be answered from conjecture
Valluss - -Xpap).  We can scarcely doubt that only, depends the solution of the problem  as to
the depth of the ditch, together with the height which was the Porta Principalis dextrae and' the
and breadth of the agger, were, under ordinary  P. P. sinistra. In like manner we cannot ascertain
circumstances, fixed; but the measurements in-  on which side of the Praetorium the Quaestorinmn
cidentally mentioned in isolated passages do not was placed. But these are matters of small moment.
perfectly accord with each other.  Among the    The above are the most important omissions in
works at Dyrrhachium  (Caes. B. C. iii. 63) we  the description of Polybius.  Our limits will not
read of a-ditch:15 feet deep, and a vallum 10 feet permit us to do more than simply to indicate one
high and 10 feet broad; in the war against the  important point where a certain degree of amBellovaci and other Gaulish tribes we find Caesar biguity in his phraseology has given rise to doubt,
(B. G. viii. 9) fortifying his camp with a double  discussion, and an irreconcilable difference of opiditch, 15 feet deep, with  perpendicular sides  nion.  After detailing the arrangements adopted
(directis lateribus), and a vallum  1]2 feet high, on  when two consular armies encamp together, he
the top of which was a breast-work (loriculas) and  adds these remarkable words —eOav Be  Xcopls r'
numerous towers three stories high connected with  iAXea LE  OanvT'cos, 7rV 8' a yop&Y, Keal'b Traestfo10,
each other by bridges, the sides of these bridges  ical Tb vpar'i)ylov, tcLorov TcO8aca v',v bvowr.0rpanext to the enemy being protected by a breast-  ToEs'cov.'. Tlaking this sentence by itself, if the
work of fascines (viminee loricula). Both of these, text be pure, and if the word o'c-pa oror5eov, be
however, as well as several others which we might rendered, as apparently it must be rendered,
quote, must be regarded as special cases.  The  legions, then we should be led to the conclusion
practice of a later period is, as we shall see below, that in a single camp, the Praetorium, the Quaestomore clearly defined by Hyginus and others.      rium and the Foruml were all situated somewhere
6. Neither the number nor the names of the  about the middle of the Via Quintanac; and this
openings in the vallum  are given. We have  conclusion Schelius, one of the most acute and
abundant evidence to prove that there were four: learned writers on the military affairs of the Ro-(1) Ports Principalis dextra arnd (2) Porta  mans, has actually adopted.  This, however, is so
Principalis sinistra at the two extremities of the  completely at variance with the whole previous
wide street called Principica; (3) Porta Praectoria narrative of the historian who occupies himself
s. Extraordinaria, so called from being situated on  from the commencement with a single consular
that side of the camp nearest to the prcaetoritu7n  camp, and lays down the site of the praetorium,
and in the immediate vicinity of the quarters of as we have done above, in a manner so clear as
the extrorldincarii; (4) Porta Decumana, so called  to admit of no cavil, the whole construction, in
from being situated on that end where the tenth  fact, depending upon the spot thus assigned to the
turmae and tenth maniples in each division were  praetorium, that we are driven to malke choice of
quartered. This gate was also called Pcrta Qzzaes- one of these alternatives, either that there is a
toria, in consequence, it would seem, of the Quaes- corruption lurking ill the text, or that Polybius is
torizsm and the Foriuzt having been at one time  here alluding to some peculiar expedient which
placed in its vicinity, and here unquestionably  was resorted to when two consular armies enstood the Quaestoriursm in the camp of Hyginus, as camped beside each other, but were not actually
we shall see below.  Festus likewise has the gloss included within the lines of a single camp.  For a
"Quintana appellatur porta in castris post praeto- full and fair examination of this and of other dif.
rium, ubi rerum utensilium forum  sit," and from  ficulties which suggest themselves upon a close cxQuintana in the sense of Forumnz  comes the modern  amination of Polybius and an impartial review of
Canteen.  The perplexity caused by these state- the chief arguments adduced by contending critics,
ments has induced some critics to reverse the posi- the student may consult a tract entitled " Polybii
tions of the Porte Praetoria and the Port  De.. Castroruin  Romanorum formane- interpretatio, scripcueancza  as marked in our plan; but this alteration  sit G. F. Rettig," 4to. Hannov. 1828.
will give rise to difficulties still more serious, as    We now proceed to notice various particulars conmay be seen from consulting Polybius and the  nected with the internal discipline of the camp.
authorities referred to at the end of this paragraph;    The Catop Oath/.- When an army encamped for
for we find it expressly stated that the Porse De-  the first time, the tribunes administered an oath
cuman2e was on that side of the camp most remote  to each individual quartered or employed within
from the enemy (abs tergo castrorumc; aversa ces- its limits, including: slaves as well as freemen, to
tr-ot-ura; deeumana  m.axime petebatur aversa  iosti the effect that he would steal nothing out of the
etJfigientibus tutior), leading out, as will be seen  camp, but if he chanced to find any property that
from the construction, in the direction from which  he would bring it to the tribunes.  We must supwood, water, and other necessary supplies would  pose that the solemn promise being once made, was
be most easily and securely provided.  (Liv. xl. considered as binding during the whole campaign,
27, iii. 5, x. 32, xxxiv. 47; Tacit. Ann. i. 66, iv. for it would have been impossible to have repeated.30; Festus, s. vv. Praetoria porta, Priscspalis, a ceremony so tedious at the close of each march.
Quintana; Sueton. Ner. 26.)                      D: istrilbution of Duty among the QOfiercs.  - In each
We can scarcely doubt that the Portae must legion the tribunes divided themselves into three
have been always defended by barriers of some  sections of two each, and each section in turn unkind; but when special precautions were required  dertook for two months the superintendence of all
they were closed by regular gates defended by  matters connected with the camp.  It is not imtowers (portisfores altioresque turres imposuit, Caes. probable that one tribune in each section assumed
-B. G. viii. 9).                                 the chief command upon alternate days, or perhaps
7. In which direction did the Praetorium face?  during alternate months, and hence Polybius gene



250               CASTRA.                                           CASTRA
rally speaks of one tribune only as acting, or of guard whether by night or by day.  Vigiliae;
two when reference is made to both legions.      vigilias agere; vigilare; are restricted to night
Ofticers parade. - Every morning at day-break  duty: Ecuia and Vigiliae frequently denote not
the centurions and the equites presented them-  only the service itself, but also the individuals
selves before the tents of the tribunes, and the  who performed it.  Stationes is used specially to
tribunes in like manner, attended perhaps by the  denote the advanced posts thrown forward in front
centurions and equites, presented themselves at the  of the gates, Custodes or Custodiae  the parties
praetorium.  The orders for the day were then  who watched the gates themselves, Praesidiac the
issued by the consul to the tribunes, communicated  sentinels on the ramparts, but all these words are
by the tribunes to the centurions and equites, and  employed in many other significations also.
through the centurions and equites reached the    Going th/e Rounds. -In order to ascertain the
soldiers at the proper time.                     vigilance of the night sentinels (vuc'reptvael vAaGuards, Sentinels, &ce.-  Out of the twenty  Ica) anl ingenious scheme was devised.  Each
maniples of Principes and Triarii in each legion, guard (vXaKCeLov) consisted, as we have seen, of
two were appointed to take charge of the broad  four men, and each of these in turn stood sentinel
passage or street called Principia, extending right for one of the four watches into which the night
across the camp in front of the tents of the tribunes. was divided.  The sentinels to whom it fell to go
This being the place of general resort during the  upon duty in the first watch, were conducted in
day, and, as we know from various sources, the  the afternoon to the tent of the tribune by lieutepart of the camp in which the altars and the eagles  nants of the maniples to which they belonged.
stood, great pains were taken that it should be kept Each of these men received from the tribune four
perfectly clean and regularly watered, a labour small tokens (5vuX'pla), numbered from  one to
which would fall very light when portioned out four for the four watches, and bearing also marks
among four maniples.                             indicating the legion, and maniple or century from
Of the remaining eighteen maniples of Prin-  which the guard was taken.  The individual who
cipes and Hastati in each legion, three were  received these tokens retained the one which anassigned by lot to each of the six tribunes, and of swered to his own watch, and distributed the rest
these three maniples one in turn rendered each  among his three comrades. The duty of going the
day certain services to the tribune to whom it was rounds ( Vigilias circuire s. circumire, comp. Fest.
specially attached.  It took charge of his tent and  s. v. fraxare) was committed to the Equites, and
baggage, saw that the former was properly pitched  for this purpose each legion supplied daily four,
upon ground duly levelled all round, and pro- picked out from  each turma in rotation by the
tected the latter from damage or plunder.  It also  commander of the troop.  The eight persons thus
furnished two guards (QhvXcdKea) of four men  selected decided by lot in which watch they should
each, who kept watch, some in front of the tent make their rounds, two being assigned to each
and some behind, among the horses.  We may  watch.  They then repaired to the tribune, and
remark in passing, that four was the regular num- each individual received a written order specifying
ber for a Roman guard (tvuXdKEtoY); of these one  the posts which he was to visit, every post being
always acted as sentinel, while the others enjoyed  visited in each watch by one or other of the two
a certain degree of repose, ready, however, to start to whom the watch belonged. They then repaired
up at the first alarm.  Compare the Acts of the  in a body to the first maniple of the Triarii, and
Apostles, cap. xii. 7rapaaobs're'arapoEaP  TETpaBoLs there took up their quarters, because it was the.,rpatovrC0r v (Pu&deetv  an-v.                  duty of one of the centurions of that maniple to give
The Triarii were exempted from those duties  notice of the commencement of each watch by a
imposed upon the Principes and Hastati, but each  trumpet blast. At the appointed time each eques,
maniple of the Triarii furnished daily a guard of accompanied by some friends, who acted as witfour men to that turma of the Equites which was nesses, visited all the posts named in his written
quartered immediately behind them, in order to  order, from each sentinel whom he found on the
watch the horses, and to take care that they did  alert he received one of the tokens described
not sustain any injury from getting entangled with  above, but if the sentinel was asleep or absent,
their halters and heel ropes, or break loose and  then the eques of the rounds called upon his comcause confusion and mischief.                    panions to witness the fact, and departed.  The
One maniple was selected each day from the  same process was followed by all the others, and
whole legionary force, to keep guard beside the  on the following morning the officers of the rounds
tent of the general, that he might be secured  repaired to the tent of the tribune and delivered
alike from  open danger and hidden treachery; up the tokens.  If the number of these was found
this honourable task being devolved upon every  to be complete, then all was well, but if any one
maniple in rotation.  Three sentinels were usually  was wanting, then it could be at once ascertained
posted at the tents of the quaestor and of the le- to what guard and to what watch the missing
gati; and by night sentinels kept watch at every  token belonged.  The centurion of the company
maniple, being chosen out of the maniple which  was ordered to bring forward the men implicated,
they guarded.                                    and they were confronted with the officer of the
The Velites mounted guard by day and by  rounds.  If the latter could prove by means of his
night along the whole extent of the vallum: to  witnesses, that he had actually visited the post in
them  also in bodies of ten was committed the  question, and found the sentinel asleep or absent,
charge of the gates, while strong bodies of infantry  then the guilt of the sentinel could not be a matter
and cavalry were thrown forward in advance of of doubt; but if the officer failed to establish this,
each gate, to resist any sudden onset, and give  then the blame fell upon himself, and in either
timely notice of the approach of the enemy.      case the culprit was forthwith made over to a
a'eubliae; excesbias  agere; e xcusbare; are the  court martial.  Sometimes we find centurions, tri-general terms used with reference to mountinlg  bunes, and even the general in chief represented




CASTRA..CASTRA.                 v2Ai
as going the rounds, but under ordinary circum-  titude of household troops and imperial bodyst'ances, the duty was performed as we have de- guards, distinguished by various appellations, and
scribed. (Liv. xxii. 1, xxviii. 24; Sall. Jug 45.; invested with peculiar privileges.  A  complete
Tacit. Hist. ii. 29.)                            Roman army did not now  consist of Romnanne
Watclword. -The watchword for the night was  Legiones cum Sociis, or of Legiones cuor  Sociis et
not communicated verbally, but by means of a  Auxiliis, but of Legiones cums Supplementis, the
small rectangular tablet of wood (7rXaerozv ir-yE- term Suztlementa including the whole of the various?ypapclqvov-tessera-to be carefully distinguished  denominations alluded to above.  In what follows,
from  the SmvX~pmov of the last paragraph), upon  we shall attempt to delineate a summer camp (caswhich it was written.  One man was chosen out tra aestivalia), intended to contain three legions,
of each of those maniples and turmae which were  with their supplements, a force, which in the time
quartered at that extremity of the lines most remote  of Hyginus corresponded to the regular consular
from  the Principia.  Each of these individuals  army of.the sixth and seventh centuries of the city.
(tesserarius) repaired towards sunset to the tent of It is but right, however, to call attention to the
the tribune, and received from him a tessera, on  fact, that we do not here tread upon ground so
which the password and also a certain number or firm as when Polybius was our guide.  The text
markn were inscribed.  With this he returned to  of Hyginus presents many difficulties and many
the maniple or turma to which he belonged, and  corruptions; and there are not a few passages in
taking witnesses, delivered it to the officer of the  which we are thrown too much upon conjecture.
next adjoining maniple or turma, and he to- the  This, however, be it understood, applies almost
next until it had passed along the whole line, when  exclusively to the minute details, for the general
it was returned by the person who received it last outline of the whole is clear and well ascertained.
to the tribune.  The regulation was that the whole  The plan sketched below, is taken almost entirely
of the tesserae should be restored before it was from Schelius, and the proportions of the different
dark, and if any one was found wanting at the  parts are carefully preserved.  Omitting in this
appointed time, the row to which it belonged could  case the geometrical construction, we proceed at
be at once discovered by means of the number or once to explain the figure.
mark noticed above, an investigation took place at    The point from which the whole of the measureonce into the cause of the delay, and punishment ments proceeded is marked with a small cross, and
was inflicted upon the parties found to be in fault. was called Groma, that being the name of an inNot only mere passwords were circulated in this  strument employed by surveyors, analogous, in its
manner, but also, occasionally, general orders, as uses at least, to the modern cross staff, plane table
when we read in Livy, xxvii. 46, " Tessera per and level.
castra ab Livio consule data erat, ut tribunum tri-    The general form of the inclosure was an oblong
bunus, centurio centurionem, eques equitem, pedes  the two longer sides being at equal distances from
peditem acciperet."                              the Groma, rounded off at the angles (angulos casAlthough the tesserarius received the tessera from  tsrorun circinare oportet), 2320 feet in length by
the tribune, it proceeded in the first instance from   1620 feet in breadth, the general rule being that
the commander-in-chief, as we may perceive from  the length should exceed the breadth by one third
the passage just quoted, and many others. Under  (castra in quantzum fieri potuersit tertiata esse debethe empire it was considered the peculiar function  buznt); when larger it was called Castra Classica,
of the prince to give the watchword to his guards. because, says Hyginus, the ordinary Buccinums or
(Tacit. Ann. i. 7; comp. Suet. Claud. 42, Ner. 9.)  bugle could not be heard distinctly from one ex,
Breaking up a Camp. - On the first signal being  tremity to the other.
given by the trumpet, the tents were all struck and    The Groma stood in the middle of the principal
the baggage packed, the tents of the general and  street (Via Principalis), which was sixty feet
the tribunes being disposed of before the others  wide, extending right across the camp, with the
were touched.  At the second signal the baggage  two Portae Principales at its extremities.  The
was placed upon the beasts of burden; at the third, two remaining gates, which, like the former, rethe whole army began to move.                    tained their ancient names, were the Porta Praetoria, which was nearest to the enemy (porta
II. CAMnP OF HYGIPNUS.               pe-aetoria semper hostem spectare debet), and the
Passing over a space of about 250 years, we  Porta Decumana, and these were placed in the
find ourselves amidst an order of things altogether centre of the two shorter sides of the oblong.
new.  The name Legiones still remains, but all the  Immediately behind the Groma, a rectangular
ancient divisions, with the exception of the Cen- space, 720 feet long by 180 broad, was set apart
turiae, have disappeared.  The distribution of the  for the emperor or commander-in-chief, and, as in
soldiers into Velites, Hastati, Principes, and Triarii  the consular camp, termed the Praetoriumn.  Imdid not endure more than half a century after the  mediately behind the Praetorium, that is to say,
era of Polybius; the organization by maniples was  at the extremity most distant from the Groma, a
about the same period in a great measure super- street called the Via Quintana, 40 feet wide, exseded by the cohorts, and the cavalry were de- tended across the camp parallel to the Via Printached from the infantry and formed independent cipalis.  When the camp exceeded the ordinary
corps.  In like manner the Socii, after the admis-  dimensions, then two additional gates were formed
sion of the Italian states to the Roman franchise, at the extremities of the Via Quintana, the breadth
ceased to form a separate class, and their place is  of which was in that case increased to 50 feet.:now occupied by a motley crew of foreigners and    It will be seen at a glance that the camp was
barbarians serving in bands, designated by strange  divided into three segments by the Via Principalis
titles.  We are reminded also that the republican  and the Via Quintana.  Each of these segments
form ofgovernment had given way to the dominion  had a name.  The whole of the middle segment,
of a single individual by the appearance of a mul-  lying to the right and the left of the Praetorium,




252.             CASTRA.                                      CASTRA.
(Fig. 3.)
PORTA PRAETORIA
I NT ERVA LLU M                      INTERVALLUM
CoI               Co|.V  V I                             CIoh'VI
VIA SAdULARIS
90 3'       0       18 180 80  0
00V 2     C 7 o01   Cokhll  Co1t GO.         18                 17 
i —1..                                     "1 W'
/2                            I5              1P                              1 4 1
A-,,,
13 -
ClbV-              VISPORTA  DECUMANA
r    131
el__________________                         0
VIA  +APARINCI i                          R
0  $  7   05  1  DC    7       8 0          (I
90    ISD     3TIS                             hM




CASTRA.                                            CASTRA.                   258
A clear space of 60 feet (intecrvaileun) was left praetorice queatuor  Primipikares. E1rocat.  ffObetween the tents of the legionaries and the ram-  ciales.  The praetorians were allowed twice as
parts, and they were separated from the quarters  much space as the troops of the line.  8. Alae:
of the other troops, whom  they surrounded, by a  quingenariae quatzor.  9. In each of the spaces
street called the Via Sagularis, which ran cor-  marked 9, on the extreme right and left of the
iletely round the camp, so that the whole of the  Praetorium, bordering on the Via Sagularis (per
legionaries, with the exception of the first cohort rigorem  vice sagularis) was placed the first coin each legion, and three ordinary cohorts for whom   hort and the vexillarii of one legion.  The first
there is not room in the outer ring, were bounded  cohort and the vexillarii of the remaining legion
on one side by the intervallum  and on the other  will be found in the Praetentura.  The first coby the Via Sacgularis.  The remaining streets not hort of a legion contained 960 men, being twice as
particularly specified were comprehended under the  numerous as the others; the vexillarii of a legion
general name Viae Vicinariae s. Vicinales, and  amounted to about 500.
their breadth was 20 feet.
The defences of a camp might be fourfold:- 1.                    B. Praeientrcca.
FPossa.  2. Vclluom.  3. Cervoli.  4. Armnac.        10. Scannuem Legatoirum.  The quarters of the
1. The Fossa might be of two kinds, a. The  legati.  11. Scmcznnusn TribuZnosrns.  Immediately
Fossafastigata, with both sides sloping, so as to  behind the legati, were the legionary tribunes and
form a wedge; or, b. the Fossa Ptuica, of which  the tribunes of the praetorian cohorts.
the outer side was perpendicular, the inner side    In the language of surveyors, scatunzum was a recsloping, as in the fossa fastigata.  The breadth in  tangular figure, whose breadth exceeded its length,
either case was to be at least 5 feet, the depth  striga a rectangular figure, whose length exceeded
3 feet.  Outside of each gate a ditch was dug ex- its breadth. So, Signa and Tabulintl  are the terms
tending on both sides somewhat beyond the gate: used with reference to the direction of the length
this, on account of its shortness, was called Titulus, and breadth respectively: thus, " Cohors prima
and in front of the titulus was a small semicircular  causa signorum et aquilae intra viam sagulariam, et
redoubt (clavicuzla).                              quoniam duplum  numerum  habet, duplam pedatu2. The ValluEm was formed of earth and turf, or ram  accipiet, ut, puta, signis pedes centsrs viginti,
of stone, 6 feet in height, 8 feet broad.          tabulino pedes trecentos sexaginta, vel signis centzuc
3. When  the nature of the ground did not octogintca tabulino pedes duccenIos q2uadragintca."  It
admit of the construction of a sufficient vallum, is the more necessary to call attention to this, bethen a chevaux de frise (certoli) was substituted.   cause these significations have been passed over
4. When neither a Vallum nor Cervoli could be  by the best lexicographers, and we find that some
employed, then the camp was surrounded by a  modern expounders of Hyginus imagine Ti'aulinum
ring of armed men four deep, numerous sentries  to have been an office where the books and acwere posted in each line, and the cavalry patrolled  counts of the legion were kept.  Another example
iri turn in every direction.                       of the use of these words will be given below.
The words of Hyginus would lead us to sup-  12. Alae miliariae quazoer, one in each of these
pose that when no danger was apprehended, a  four compartments.  13. TValeiudinarisnz, the hosditch alone was considered sufficient; and even  pital for the sick soldiers.  14.- Veterinarizn,. the
this was excavated merely for the sake of exercis-  hospital for the sick  horses.   15, 16. Classici,
ing the men (cauzsa disciplinae).                  marines employed as pioneers.  Mcauri equites:
We can now- proceed to point out in what sexcenti.  Pannonii Terederii octio2yenti.   These
manner the three segments were occupied, refer- twvo bodies of light cavalry were quartered near
ring to the numbers on the figure, it being under-  the classici, because, when the latter were sent in
stood that, as before, we shall not enter here into  advance to clear the way, they were guarded by
any discussions regarding the origin and character  the formner.  17. Expsloratores. General Roy in his
of the different battalions named, all information  plan places them in these two small compartments,
upon such matters being given in the article Ex-  but it appears more probable from  the words of
ERCITUS.                                           Hyginus, that they were quartered all together
on the side next to 19.  18 and 19. The first
A. Psaeteosissn et Latera IPreetosii.      cohort of the remaining legion and its Vexillarii.
1. Praetois7ne.  2. Arae, on which public sa-. On the opposite side of the Via Praetoria, three
crifice was offered.  The position assigned to them  legionary cohorts, for whom there was not sufficient
is conjectural; but they were, at all events, in the  space outside of the Via Sagularis.
immediate vicinity of this spot.  3. AGturatiorisz s7  In the Praetentura stood also the Feabrica or
in which the Imperator tookl the auspices -  the  workshop of the carpenters and armourers, erected
altars were perhaps erected in front of this place, at a distance from  the Valetudinarium, so that
at least such was the case sometimes.  (See Tacit. the noise might not disturb the patients.
Ann. xv. 30, where the form  Auzgurale is em-    Within the scamnum  of the legati were the
ployed.)  4. Tribunal, the elevated platform from  Sclholae of the first cohorts, the places apparently
which addresses were delivered to the troops. where the superior officers of the legions assembled
Close to the praetorium was a guardhouse (startioni  in order to receive thie general orders of the day.
dari oportet secundu  poraetorimzs pedes vigintti).
5. Comites Imperatoris, the personal staff of the 
TImperator, among whom the chief place, next to    20. Quaestoriuno.  This space corresponded in
the Via Principalis, was assigned to the Praefectus name only with the Quaestorium of the Polybian
Praeterio.  6. -Equzites singqulares Imnperatoris et camp, for it was no longer assigned to a quaestor
Equites Praetorieani: the number of these was  (Quaestoriiumn dicitus quod aliquando ibi quaestores
variable; but Hyginus gives as an average 450  pedlaturamss    acceperint).  It was occupied partly by
of the former and 400 -of the latter.  7. Coe'loles prisoners of rank, hostages, and plu)nder, and here




2.54'            CASTRA.                                          CASTRA.
perhaps, the Praefectus Castrorum may have been  had a space allotted to him equal to that requiared
quartered, unless we are to look for him among  for 2 tents, so that the privates of the century oo-.
the Comnites m1peratoris.                      cupied 8 tents only, that is, they were quartered
21. Statorum centuriae duae, who guarded the  at the rate of  10 men to each tent. But since ] 6
rear of the praetorium, and always kept close to  men or 4 guards (rErpasla) in each century were
the person of the Imperator. These, like the prae- always out upon duty, there were never more
torians, had double space assigned to them.    than 8 men actually in a tent at the same time.
22. Cohortes equitatae  illiariae duae. Colortes                (Fig. 4.)
equitatae quingenariae quatuor.
23. Cohortes peditatae mnilliariae tres. Cohortes        Stiga of tw'o co tiurtes
peditatae quingenariae tres.                                         120
24. Nationes.  Barbarian troops.  Palmyreni       z( io
quingenti. Gaetae nongenti. Daci septingenti. Bri-      vDD —-- D    l DL ]D LC
tones quigenti.  Cantabri septingenti.  Among      4
these we find enumerated Szmnactares, a word
which no one has succeeded in explaining, but- it
is in all probability a corrupt form.                  DI     D        D        DD[l[ 
Camels with their riders (cameli cumc suis epis. o                                 o
batis) were frequently included among the con-                       -20
stituents of an army, being used both in offensive
operations, and also in carrying plunder.         Since a striga 120 feet in lengthalnd 60 feet in
Two points strike us forcibly when we compare  breadth, containing 7200 square feet, was allotted
the camp of Hyginus with that of Polybius; first,
the flimsy character of the fortifications, whichig. 5.)
must be attributed to the disinclination felt by
the soldiers to perform regularly and steadily the
same amount of labour which was cheerfully exe-'cuted by soldiers of the republic; and, secondly,   )C D      C    D      D       l D 1D
the desire every where visible to economise space,.L-                                 O
and compress every thing within the narrowest 
possible limits. Although the numbers of an army,
such as we have been considering above, cannot be
determined with absolute -precision, they must, to 2 centuries, and since an ordinary legionary
on the lowest computation, have exceeded 40,000  cohort contained 6 centuries, it follows that the
men, and these were crowded together into less space required for each cohort (pedatura colortis)
than one half the space which they would have  of 480 men was 21,600 square feet.
occupied according to the ancient system, the pro-    The troops were usually quartered in cohorts,
portion of cavalry, moreover, being much larger in  and these might be variously disposed, it being
the imperial force. The camp of Polybius, calcu — always desirable that a whole century should
lated for less than 20,000, contains upwards of always be ranged in an unbroken line.
four millions of square feet, while the camp of   If the striga was equal to one century in length,
Hyginus embraces little more than three millions then the cohort would occupy three strigae in
and seven hundred thousand.                    breadth, that is, a space 120 feet long, by 180
We may conclude with a few words upon a broad= 21,600 square feet. See fig. (6.)
topic entirely passed over by Polybius, but on                    (Fig. 6.)
which Hyginus affords ample information in so far                    s2o
as the usages of his own day are concerned -the                                   -
number and arrangement of the tents.                   DDDl        DD1   DDDU ID
A double row of tents (papiliones) facing each......_ 
other, with a space between for piling the arms of,                  -
the soldiers, and for receiving the beasts of burden  O  
and the baggage, was termed Striga; a single row,
with a corresponding space in front, Hemzistrigiums. 
The normal breadth of a Striga was 60 feet, of a
Hemisthiygum    30 feet, made up as follows:-    l   [aR F7 IitE1 0
l0 feet were allowed for the depth of each tent,   -. —---------------
6 feet for a passage behind the tent, 5 feet for            --
the arms piled in front of the tent, 9 feet for the
strigium, which doubled for the striga gives 60, the.
space between the rows being 28 feet. The length                               D    i
of the striga or hemistrigium varied according to                       FL   - i1 [I
circumstances.
A full legionary century (phena centuria), when -     - | [
Hyginus wrote, consisted of 80 men, who occun-   ---._................. 
pied 10 papiliones. The length allowed for each] -            ] [- -] [ [-1 El El
papilio was 12 feet, 10 feet for the papilio itself,
and 2 feet for lateral passages (incrementum ten-    Tf the striga was equal in length to two centuries.
surae), and thus the length of the line along  then the cohort would occupy one whole striga
which the papiliones of a century stretched was and a hemistrigium, that is, a space 240 feet long by
10 x 12 = 120 feet. Out of this the centurion  90 feet broad= 21,600 square feet. See fig. (7.)




CASTRA.                                              CASTR.A                     255
(Fig. 7.)
2!4-()
o.
If the striga was ecqual in length to three cen-  only, or a space 360 feet long by 60 feet brud.
turies, then the'-cohort would occupy one striga j =-21,600 square feet. See fig. (O.)
(Fig. 8.)
l_____________*__-_._ —-----   ___________ _-____
It is to be observed that in the plan of the camp    Josephus, in his account of the Jewish  war,
given above, the legionary cohorts on the longer  takes special notice of the Roman encampments,
sides are in strigae of 240 feet in length, those on  and- although he does not enter into minute details,
the s       horter sides in strigae of 360 feet in length,   his obs ervations, with which we shall conclude
When the number of legions in an army was  this article, form  a useful supplement to Hyginus.
greater in proportion to the supplementa than in  It is evident from the numerous artizans for whom
the array which we have reviewed, then in order  workshops are provided, from  the towers with
that they might still be ranged outside of the Via  which the valium was strengthened, and from the
Sagularis, the strigae presented their breadth to  precaution of setting fire to every thing left behinds
the valurm  instead of their length, or to use the  that th        h e words of the historian refer chiefly to
technical phrase, the length which in the former  Castra Stativa.  He begins by remarking (B. J.
case had been assigned to the Signa, was now  iii. 5) that the Rhomans when invading an enemy's
given to the Tabulinum (Quodsi legiones plures ac-  country never hazard an engagement until they
ceperirmus et supplementa pauciora, ut necessariune  have fortified a camp (oe 7rplv r7roriTaL!XSw 3)
sit cohortes circa vallum crebrius ponere convertemus'TELX(eeaL erapa-rdir7aov), which, in form, is a square
pedaturarn, QUOD FUERAT SIGNIS TABULINO D A-  (8tajXeTrpE?'rraL ~ wapE~CoXi TrTpcy'pdooos), with four
aaMsus).                                             gates, one on each side.  The rampart by which
If A B be the line of the valium, C will repro-  it is surrounded exhibits the appearance of a wall
sent the position of the cohort in the one case, D   furnished with towers at equal distances, and in
in the other.                                        the spaces between the towers bis placed the artillery
Icase~ had aready for immediate service (Troes -i- dE u~s,
teal Ica'ae7rE'A'a, cal AiOoGka, ael 7r8-  &(pe'ypo
gpoYac,  ve  rtO&eot LV curaveoQ rplr -rs T oXes'orloa):.
The camp is divided conveniently by streets, in
the middle are the tents of the officers, and in the
very centre of all the praetorium (-'b e'-pae-TytoV);
iC t  ohr                         there is also a forumn   (&yeop4  is urard6hE'vrata),
and a place for artificers (XtspoT'nXXas Xwpev,),
of whom  a great number follow  the army with
building tools, and seats for the tribunes and centurions ([bicot'is    oXaeY7s ietal'ra tdpXeots), where
they decide any disputes which may arise.  When
necessary (El 3B &rElyoi) a ditch is dug all round,
_________   _______four cubits deep and four cubits broad.
At day dawn (vrb Bl 4- sv goe) all the soldiers
repair to the tents of their respective centurions
('trh r'obs ~tcaToosrdeXas) and salute them: thea
centurions repair to the tribunes (rrpbbs obs Xit aphxors),   along with whom  all the centugiona




256            CATAPHRACTI.                                         CATARACTA.
(TatzapXaL) repair to the commander-in-chief, from  empire, when the discipline of the legions was de.
whom they receive the watchword (oc-r/eov) and  strayed, and the chief dependence began to be
the general orders of the day, to be conveyed by  placed on the cavalry.
them to their respective divisions.                  This species of troops was common among the
When a camp is broken up,.at the first blast of Persians from the earliest times, from whom it was
the trumpet the scldiers strike the tents, and pack  adopted by their Macedonian conquerors.  (Liv.
up the utensils; at the second they load the mules  xxxv. 48; xxxvii. 40.)  In the army of the elder
and other beasts of burden, set fire to every thing  Cyrus, Xenophon (Cyr. vi. 4. ~ 1) says that the
which could prove serviceable to an enemy, and  horses were protected by coverings for the forehead
stand like coursers ready to start forward on a  and chest (7rpoueT'caorL8oLs tcal 7rpocvEpvrs8lr);
race; the third gives the last warning that all and the same was the case with the army of Artathings being now prepared every man must be in  xerxes, when he fought with his younger brother.
his place.  Then the herald, standing at the right (Xen. Anab. i. 8. ~ 7.)  Troops of this description
hand of the general, demands thrice if they are  were called clibanarii by the Persians (cataphractl
ready for war, to which they all respond with loud  equites, quos clibanarios dictitant Persace, Amm.
and repeated cheers that they are ready, and for Marc. xvi. ] 0; compare.(amprid. Alex. Sev. 56)
the most part, being filled with martial ardour,  We first read of cataphracti in the Roman army in
anticipate the question, and raise their right hands  the time of Constantine.  (Amm. Marc. 1. c.)
on high with a shout. (B. J. iii. 5. ~ 4.) [W. R.]    2. The word was also applied to ships -which
CATAGO'GIA (carTayy&ma). [ANAGOGIA.]    had decks, in opposition to Aplhracti.  [NAVIS.]
CATAGPRAPHA.  [PIccTRA.]                           CATAPIRA/TER (caeraerelparspiea,,oA[r), the
CATAILOGUS (tcardAocyos), the catalogue of lead used in sounding (e'v'  Bo$ohieSv), or fathomthose persons in Athens who were liable to regular ing the depth of water in navigation.  The mode
military service.  At Athens, those persons alone  of employing this instrument appears to have unwho possessed a certain amount of property, were  dergone no change for more than two thousand
allowed to serve in the regular infantry, whilst the  years, and is described with exactness in the aclower class, the thetes, had not this privilege. Thus  count of St. Paul's voyage and shipwreck at Methe former are called oi elc icarTax&you orpaTeuo'-  lite.  (Acts, xxvii. 28.)  A cylindrical piece of
Tes, and the latter oi  co r-o scaraa'6yov.  (Xen. lead was attached to a long line, so as to admit of
Hell. ii. 3. ~ 20.)  Those who were exempted by  being thrown into the water in advance of the
their age from  military service, are called by  vessel, and to sink rapidly to the bottom, the linle
Demosthenes (De Synt. p. 167.) o  VTrep  rbv  being marked with a knot at each fathom, to meacKaTrdXoyov..  It appears to have been the duty of sure the depth.  (Isid. Orig. xix. 4; Eustath. in
the generals (o'rpaTryol) to make out the list of I. v. 396.)  By smearing the bottom  of the lead
persons liable to service [AsTRATEIAS GRAPHE],  with tallow (unctnum, Lucilius, ap. Isid.. c.), spein which duty they were probably assisted by the  cimens of the ground were brought up, showing
demarchi, and sometimes by the OovAevrTa. (Dem. whether it was clay (Herod. ii. 5), gravel, or hard
c. Polycl. p. 1208.)                               rock.                                   [J. Y.]
CATALU'SEOS TOU DEMOU GRAPHE'  CATAPULTA. [TORMENTUM.]
(carTaXasecEs'roi d8iUOv'ypcSb), was an action    CATARACTA  (KarapP'atKtrS ), a portcullis, so
brought against those persons who had altered, or called because it fell with great force and a loud
attempted to alter, the democratical form  of go- noise.  According to Vegetius (De  e  lifil. iv. 4),
vernment at Athens.  A person was also liable to  it waas an additional defence, suspended by iron
this action who held any public office in the state
after the democracy had been subverted. (Andoc. 
ce Myst. p. 48.)  This action is closely connected.....;.
with the  7rpo3oeaes  ypaj (<r wrrpoSooiqa    s                   W,  
7roXiws, % l icrCaicOEl rTOD 6suyov, Demosth.                   i, l    i/; > /\    7,
c. Timocr. p. 748), with which it appears in some                    A       >      
cases to have been almost identical.  The form of           - ---         / -......... 
proceeding was the same in both cases, namely, by
Eica^y1yEXLa. In the case of CeaXAcvSCES TOD dipeou,,                         ". A
the punishment was death; the property of the                                     loffendler was confiscated to the state, and a tenth.  
part dedicated to Athena.  (Andoc. Dc 11yst.             <.                
CATAPHLRA'CTI  (ICaTCappaW;rTO). 1. HIea'vy- 
armed cavalry, the horses of which were also covered with defensive armour (Servl. ad Vike. Aen.
xi. 771), whence they are called by Pollux (i. 140)
reppr'Eqpayjuevot.  The armour of the horses consisted either of scale armour, or of plates of metal,.............-.    \. ——.which had different names according to the parts of       4. 
the body which they protected.  Pollux (i. 140).
speaks of the'IrpoAeTCrcrMlovp, 7raprs', o r, rapi ev,  Io
IrpoCrEs'P dov, irapaerAspss'ov,  ora- Bs7pi3 Lcs,  apa.cvsr'yUdov. Among many of the Eastern nations, A
who  placed their chief dependence upon their 
cavalry, we find horses protected in this manner....
but among the Romans we do not read of any'
troops of this description till the later times of the




CATENA.                                           CAUPO.                   2i7?
rings and ropes, before the gates of a city, in such  platted wire or thread, like the gold chains now
a manner that, when the enemy had come up to  manufactured at Venice.  This is represented in
the gates, the portcullis might be let down so as to  the lowest figure of the woodcut.
shut them in, and to enable the besieged to assail    These valuable chains were sometimes given as
them from above.  In the accompanying plan of rewalrds to the soldiers (Liv. xxxiv. 31); but they
the principal entrance to Pompeii, there are two  were commonly worn by women (Hor. Ep. i. 17.
sideways for foot passengers, and a road between  55), either on the neck  (crepl'by'pdX)Akov
them, fourteen feet wide, for carriages. The gates  dXcalev, Menander, p. 92, ed. Mein.), or round
were placed at A, A, turning on pivots [CARDo ], the waist (Plin. tI.  N. xxxiii. 12); and were used
as is proved by the holes in the pavement, which  to suspend pearls, or jewels set in gold, keys,
still remain.  This end of the road was nearest to  lockets, and other trinkets.        [J. Y.]
the town; in the opposite direction, the road led    CATERVA'RII.  [GLADIATORES.]
into the country.  The portcullis was at B, B, -and    CA'THEDRA, a seat; but the term was more
was made to slide in grooves cut in the walls. The  particularly applied to the soft seats used by wosideways, secured with smaller gates, were roofed  men, whereas sella signified a seat common to botlo
in, whereas the portion of the main road between  sexes (isnter jfneineas catliedras, Mart. iii. 63, iv.
the gates (A, A) and the portcullis (B, B) was open  79; Hoer. Sat. i. 10. 91; Prop. iv. 5. 37).  The
to the sky.   When, therefore, an attack was cathcedrae were, no doubt, of various forms and
made, the assailants were either excluded by the  sizes; but they usually appear to have had backs
portcullis; or, if they forced their way into the  to them, as is the case in the one represented ii
barbican and attempted to break down the gates, the annexed woodcut, which is taken from Sir
the citizens, surrounding and attacking them  from  William  Hamilton's work on Greek vases.  On
above, had the greatest possible facilities for im- the cathedral is seated a bride, who is being fanned
peding and destroying them.  Vegetius speaks of by a female slave with a fan made of peacock's
the "cataracta" as an ancient contrivance; and  feathers.
it appears to have been employed by the Jews at
Jerusalem as early as the time of David.  (Psal.
xxiv. 7, 9; comp. Jer. xx. 2. Sept.)    [J. Y.]
KATASKOPES GRAPHE' (mcaracror~s
ypa q), an action brought against spies at Athens.
If a spy was discovered, he was placed on the
rack, in order to obtain information from him, and
afterwards put to death.  (Antiphanes, ap. Atle-n. /
ii. p. 66, d.; Dem. De Cor. p. 272; Aeschin. 
c. Ctesips. p. 616; Plut. Vit. dee. Orat. p. 848, a.)                 /
It appears that foreigners only were liable to this           l
action; since citizens, whvllo were guilty of this
crime, were accused of 7rpooia.                                (I / A
CATASTA.  [SERvUs.]
CATEIA, a missile used in war by the Germans, Gauls, and some of the Italian nations (Virg.          /
Aesn. vii. 741; Val. Flac. vi. 83; Aul. Gell. x.
25), supposed to resemble the aclis.  (Serv. in                 
Aen. 1. c.; Isid. Orig. xviii. 7.)  It probably had
its name from cutting; and, if so, the Welsh terms        (,Zl
caCti, a weapon, cateia, to cut or mangle, and
catau, to fight, are nearly allied to it.  [J. Y.I
CATELLA.  [CATENA.]
CATE'NA, dim. CATELLA  (6xvais, dim.
avCaLeov, dXvel4ov), a chain.  The chains which    Women were also accustomed to be carried
were of superior value, either on account of the  abroad in these cathedrae  instead of in lecticae,
material or the workmanship, are commonly called  which practice was sometimes adopted by effemi.
cuztelklce (isxmla), the diminutive expressing their nate persons of the other sex (sexta cerviceferatur
fineness and delicacy as well as their minuteness. catlsedmE, Juv. Sat. i. 65; compare ix. 51).  The
The specimens of ancient chains which we have in  word cathedra was also applied to the chair or
bronze lamps, in scales [LIBRA],and in ornaments  pulpit from which lectures were read.  (Juv. Sat.
for the person, especially necklaces [MoNILE], show  vii. 203; Mart. i. 77.)  Compare Bittiger, Sabina,
a great variety of elegant and ingenious patterns. vol. i. p. 35; Scheffer, De Re Vehicul. ii. 4.
Besides a plain circle or oval, the separate link is    CATILLUS.  [CATINUS.]
often shaped like the figure 8, or is a bar with a    CATINUS, or CATINUM, a large dish, on
circle at each end, or assumes other forms, some of which fish and meat were served up at table.
Hence Horace speaks of an anzgustuspaetinsus as an
indication of niggardliness on the part of the host.
(Hor. Ep. ii. 4. 77; Pers. iii. 11.)  From  this
word came the diminutive catillus or catillum, a
small dish.
CAVAE'DIUM.  [Domvs.]
CAVEA.  [THEATRaUM.]
CAUPO.   The nature of the business of a
which are here shown.  The links are also found calupo is explained by Gaius (Ad Edict. Prov'iinc.
so  closely entwined, that the chain resembles Dig. 4. tit. 9. s. 5): " caupo... mercedem accipit
S




tS a,            CAtT PON k.                                         CAIJPONA.
non pio custodia, sed-.   ut viatores manere ins  dressed provisions were sold.  K1rslXoe'silifies
caupona patiatur... et tamen custodiae nomine  in general a retail trader, who sold goods in small
tenetur."   The caupo lodged  travellers in his  quantities, whence he is sometimes called 7rai.yhouse, and, though his house was not opened for iKad7rTos, and his business -raXA1ysca7rAsEv (Dem.
the safe keeping of travellers' goods, yet he was  c. Dionysodor. p. 1285; Aristoph. Plitt. 1156;
answerable for their goods if stolen out of his  Pollux, vii. 12); but the term is more particularly
house, and also for dlamage done to them  there. applied to a person who sold ready-dressed proviThe praetor's edict was in this form: " Nautae  sions, and especially wine in small quantities.
(carriers by sea), canpones, stabularii (persons who  (Plat. Gong. p. 518.)   When a retail dealer in
kept stables for beasts), quod cujusque salvum   other commodities is spoken of, the namle of his
fore receperint, nisi restituent, in eos judicilm  trade is usually prefixed; thus we read of 7rpoeadabo."  By this edict such persons were made ge-'romadrsXos  (Plut. Pericl. 24),'srXwcv Kcdrrn7Xo
nerally liable for the things which came into their  (Aristoph. Paxr, 1175), as7riacev tcdnarAos (Id.
care; for the words " quod cujusque salvum fore  439), Pl3tAiorcUdr7Xos, &c.  In these ircar Xeiac
receperint," are explained thus,   quamcunque rem   only persons of the very lowest class were accussive mercem receperint."  But if the goods of the  tomed to eat and drink.  (Isocr. lreiop. c. 18
traveller were lost or damaged owing to any un-  Becker, Clcrik!es, vol. i. p. 259, &c.)
avoidable calamity, as robbery, fire, or the like, the    2.  Roucman lins. -  A Roman inn was called not
caupo was not answerable.  The action which the  only cauzpona, but also tcblerslna and taberna diveredict gave was " in factumn," or an action on the  so'ia, or simply cliversoraium or deversorizmnz. Along
case; and it was Honoraria, that is, given by the  all the great roads of Italy there were inns, as cwe
praetor.  The reason why an Honoraria actio was  see from the description which Horace gives of his
allowed, though there might be actiones civiles, is journey from  Rome to Brundisium  (,Sat. i. 5),
explained by Pomponius (quoted by Ulpian, Ad  though the accommodation which they offered was
Edictum, Dig. 4. tit. 9. s. 3. ~ 1): inl certain cases  generally of a poor kind.  tWe also find mention
there might be an actio locati et conducti, or of public inns in Italy in other passages.  (Cic.
an actio depositi, against the caupo; but in the  pro Cluezt. 59, Phil. ii. 31; Hor. Ep. i. 11. 11;
actio locati et conducti, the caupo would be an-  Propert. iv. 8. 19; Acts of' tihe Apjostles, xxviii.
swverable only for culpa, and in the actio depositi  15.)  At Rome, there must have been many inns
he would be answerable only for dolus, whereas in  to accommodate strangers, but they are hardly ever
this honoraria actio he was liable even if there was spoken of.  We, however, find frequent inention,
no culpa, except in the excepted cases.  The Eng- of houses where wvine and ready-dressed provisions
lish law as to liability of an innkeeper is the same.  were sold, and which appear to have bees nume(Kent sv. Shuckard, 2 B. & Ad. 803.)  [G. L.]    roais in all parts of the city.  The houses where
CAUPO'NA, signified, 1. An inn, where tra- persons were allowed to eat and drink were usually
vellers obtained food and. lodging; in which sense  called Popinae and not cauponae; and the keepers
it answered  to  the Greek words?raprosceeov, of them, Popae.  They were principally frequented,
IcaTray&yltov, and KaraXAvtis.  2. A  shop, where  by slaves and the 10ower classes (Cic. Pr)o hAil. 2.4),
wine and ready-dressed meat were sold, and thus  and were consequently only furnished with stools
corresponded to the Greek ica7roAXe7oa.  The per- to sit upon instead of couches, whence Martial (v.
son who kept a caupona was called caCupoo.         70) calls these places sellariolas popisnas.  This
It has been maintained by many writers that circumnstance is illustrated by a painting found at
the Greeks and Romans had no inns for the ac-  Pompeii in a rwine-shop, representing a drinkingcommodlation of persons of any respectability, and  scene.  There are four persons sitting on stools
that their cauponce and 7ravasocea  were mere  round a tripod table.  The dress of two of the
houses of shelter for the lowest classes. That such, figures is remarkable for the hoods, which resemble
however, was not the case, an attentive perusal of                                          _
the classical authors will sufficiently show; though  _-      L            s —
it is, at the same time, very evident that their                   D
houses of public entertainment did not correspond,
either in size or convenience, to similar places in
modern times.
Greek Inns. -The hospitality of the earliest
times of Greece rendered inns unnecessary; but in
later times they appear to have been very nume-         fj 
rous.  The public ambassadors of Athens were                                     
sometimes obliged to avail themselves of the ac-                 |        -,
commodation of such houses (Aeschin. De Farls. Leg. 
p. 273), as weil as private persons.  (Cic. De Div.     )g-                                _
i. 27, Inv. ii. 4.)  In addition to which, it may                                              __
be remarked, that the great number of festivals
which were celebrated in the different towns of those of the capotes, worn by the Italian sailors
Greece, besides the four great national festivals, and fishermen of the present day.  They use cups
to which persons flocked from  all parts of the  made of horn,instead of glasses, and from  their
Hellenic world, must have required a considerable  whole appearance evidently belong to the lower
number of inns to accommodate strangers, not only  orders.  Above them are different sorts of eatables
in the places where the festivals were celebrated, hung upon a row of pegs.
but also on the roads leading to those places.    The Thermnopolia, which are spoken of in the
(Becker, Cltanilkles, vol. i. p. 134.)             article CALIDA, appear to have been the same as
The word  ransrrX;eoli   signified, as has been al-  the popinae.  Many of these popinae were little
ready remarked, a place where wine and ready-  better than the Lupalarias or brothels; whence




CAIJTIO.                                            CAUTTO.                    2039
Horace (Sat.- ii. 4. 62)  calls tlien  inirntd((s! accordingy  modified by its adijuncts, as cautie
popinas.  The wine-shop at Pompeii, where the  fidejussoria; pigneraticia, or hypothecaria, and so
painting described above was found, seems to have  on.  Cautio is used to express both the security
been a house of this description; for behind the  which a mlagistratus or a judex may require one(
shop there is an inner chamber containing paint-  party to give to another, which applies to cases
ings of every species of indecency.  (Gell's Porz-  where there is a matter in dispute of which a
peiana, vol. ii. p. 10.)   The Ganceae, which are  court has already cognizance; and also the sectsometimes  mentioned  in  connection  with  the  rity which is given and received by and between
popinae (Suet. Tib. 34), were brothels, whence  parties not in litigation.  The words cautio and
they are often classed w-ith the lustrac. (Liv. xxvi.  cavere are more particularly used in the latter
2; Cic. Phil. xiii. 11, Pro Sext. 9.)  Under the  sense.
emperors many attempts were made to regulate the    If a thing is made a security from one person to
popinae, but apparently with little success.  Ti- another, the cautio becomes a matter of pignus or
berius forbad all cooked provisions to be sold in  of hypotheca; if the cautio is the engagement of a
these shops (Suet. Tib. 34); and Claudius corn- surety on behalf of a principal, it is a cautio fidemanded them  to be shut up altogether.  (Dion  jussoria.
Cass. ix. 6.)  They appear, however, to ha.vee been i   l'he cantio was most frequently a writing, which
soon opened again, if they were ever closed; for  expressed the object of the parties to it; accordNero commanded that nothing should be sold in. ingly the word cautio came to signify both the inthem but different kinds of cooked pulse or vege-  strument (clairographueem or inzst1umzeetumn) and the
tables (Suet. Nlr. 16; Dion Cass. lxii. 14); arnd  object which it was the purpose of the instrument
inm edict to the same effect was also published by  to secure.  (Dig. 47. tit. 2. s. 27.)   Cicero (Ad
Vespasian.  (Dion Cass. lxvi. 10.)                 DIiv. ii. 18) uses the expression caltio cilrogr'aphi
Persons who kept inns or houses of public enter- )rei.  The phrase cavere atliquid alicui expressed
tainment of any kind, were held in low estimation  the fact of one person giving security to another as
both among the Greeks anld Romans (Theophr. to somle particular thiiig or act.  (Dig. 29. tit. 2.
e'1/(tar. 6; Plat. Leg. xi. pp. 918, 919); and though  s. 9; 35. tit. 1. s. 18.)
the epithets of perifdi and raeligni, which Iolracer    Ulpian (Dio. 46. tit. 5) divides the praetoriae
gives to them  (Sct. i. 1. 29, i. 5. 4), may refer  stipulationes into three species, judiciales, cautioonly to particular innkeepers, yet they seem to ex- iales, commnnes; and he defines the cautionales
press the comlmon opinion entertained respecting  to be those which  are equivalent to an action
the whole class.  (Zell, Die Wl'irtlisleieser d. Allte;   (lzstar ac/tiois  aibent) and are a good ground for
Stockmann, De 1'ol1iris; Becker, GCallts,  ol. i. a new action, as the stipulationes de legatis, tutela,
pp. 227-236.)                                       ratam  resi habere, and damnumr  infecturn.  CaluCAUSA  LIBERA'LIS.  [ASSERTOR.]                   tiones then, which were a branch of stipulationes,
CAUSAE  PROBA/TIO.  [CrvTrrs.]                    were such contracts as would be ground of actions.
CAUSIA (cavol'a), a hat with a broad brinm, The folloiwing examples will explain the passage of
which was made of felt and worn by the MIace-  Ulpial.
donian kiings.  (Valer. Max. v. 1. ~ 4.)  Its form    IIn many cases a bleres could not safely pay
is seen in the annexed figurres, which are taklen  legacies, unless the legatee gave security (cctlio)
from a fictile vase, and from a medal of Alexander  to refnolrd in case the will nalder which he claimed
should turn out to be bad:.  (Dig. 5. tit. 3. s. 17.)
-\>            DtjO       P,8)'' tJ~~n)      T-rhe  nlAuciana cautio applied to the case of testaentary  conditions, which consisted in not doing
some act; which, if done, would deprive the heres
8<~~ C w   +   >\  -  or legatarius of the hereditas or the legacy.  In
order that the person who could take the hereditas
7 7v  l' l -_  or the legacy in the event of the condition being
/  broken, might  have the property secured, he Ewas
tit. 1. s. 7, s18, 73.)  The heres was also in somue
cases boulnd to give security for the payment of
legacies, or the legatee was entitled to the Bonorum
1. of Macedon.  The Romanis adopted it firom the  Possessio.  Tutores and curatores were required to
NMacedonians (Planut. 31il. Glor.- iv. 4. 42, 1'Pes. give security  (satisdcl'e) for the due administration
i. 3. 75; Antip. Thess. ine Br eunckii ml. ii. 111), of the property intrrusted to them, unless the tutor
and more especially the 1imperor Caracalla,     who  was appointed by testament, or unless the curator
used to imitate Alexander the Great in his cos- was a curator legitimus.  (Gaits, i. 199.) -A protume.  (IIerodian. iv. 8. ~ 5.)         [J. Y.]    curator who sued in the name of an absent part-,
CAU'TIO, CAVE'RE.  Tlhese words are of might be required to give security that the absent
frequent occurrence in the Romann classical writers  party would consent to be concluded by the act of
iand jurists, and have a great variety of significa-  Iis procurator (Id.  iv. 99); this security was a
tions according to the matter to whicll they refer. species  satisdationis, included under the genus
Their general signification is that of security given  cautio.  (Dig. 46. tit. 8. s. 3, 13, 18, &c.)  In the
by one person to another; also security or legal  case of daimnum infectuln, the owner of the land or
safety which one person obtains by the advice or property threatened with the mischief, might claimn
assistance of another.  The general term  (cautio)  security fromn the person who was threatening the
is distributed into its species accordingr to the par- mischief.  (Cic. Top. 4; Gaius, iv. 31; Dig. 43.
ticular kind of the security, which may be by  tit. 8. s. 5.)
satisdatio, by a fidejussio, and in various other    If a vendor sold a thing, it was usual for him
ways.  The general sense of the word cautiv is  to declare that he had a good title to it, anmd -*L'tt
s 2




260                 CELLA.                                             CENSOR.
if any person recovered it from the purchaser by a  room  of any kind.  (Varr. De Ling. Lat. v. 162.
better title, he would make it good to the pur-  ed. Miiller.)   Of these there were various dechaser; and, in some cases, the cautio was for  scriptions, which took their distinguishing deno.
double the value of the thing.  (Dig. 21. tit. 2. minations from  the articles they contained, as, for
-s. 60.)  This was, in fact, a warranty.  -        instance, the cella penuccaria or penaria, the cella
The word cautio was also applied to the release  olearia and cella vinaria.  The slave to whom the
which a debtor obtained from his creditor on satis- charge of these stores was intrusted, was called
fying his demand: in this sense cantio is equiva- cellarius    (Plant. Capt. iv. 2. 115; Senec. Ep. 122),
lent to a modern receipt; it is the debtor's security  or promus (Colum. xii. 3), or condus, "' quia promit
against the same demand being made a second  quod conditumn est" (compare Hor. Carem. i. 9. 7,
time.  (Cic. Brut. 5; Dig. 46. tit. 3. s. 89, 94.)  iii. 21. 8), and sometimes promus condus and proThus cavere ab aliquo signifies to obtain this kind  curator peni.  (Plaut. Pseud. ii. 2. 14.)  This anof security.  A person to whom the usus fructus swers to our butler and housekeeper.
-of a thing was given, might be required to give    Any number of small rooms clustered together
security that he would enjoy and use it properly, like the cells of a honeycomb (Virg. Georg. iv. 164)
and not waste it.  (Dig. 7. tit. 9.)               were also termed cellae e; hence the dormitories of
Cavere is also applied to express the professional slaves and menials are called cellae (Cic. P/il.
advice and assistance of a lawyer to his client for ii. 27; Columella, i. 6), and cellae familiaricae
his conduct in any legal matter.  (Cic. Ad Fam. (Vitruv. vi. 10. p. 182) in distinction to a bediii. 1, vii. 6, Pro Murena, c. 10.)                chamber, which was cucbiculum.  Thus a sleepingThe word cavere and its derivatives are also  room at a publichouse is also termed cella. (Petron;
used to express the provisions of a law, by which  55.)  For the same reason the dens in a brothel
any thing is forbidden or ordered, as in the phrase, are cellae.  (Petron. 8; Juv. Sat. vi. 128.)  Each
-  Cautumce  est lege, principalibus constitutionibus, female occupied one to herself (Ibid. 122), over
&c.  It is also used to express the words in a will, which her name and the price of her favours were
by which a testator declares his wish that certain  inscribed (Senec. Controv. i. 2); hence cella inthings should be done after his death.  The pre- scripta means a brothel. (Mart. xi. 45. 1.)  Cella'paration of the instruments of cautio was, of course, ostiarii (Vitruv. vi. 10; Petron. 29), or janitor'is
the business of a lawyer.              [G. L.]    (Suet. Viiell. 16), is the porter's lodge.
CEADAS (KedGas) or CAEADAS (Kada'as),    In the baths the cella caldcaria, tepidaria, and
was a deep cavern or chasm, like the Barat/zron at frigidaria, were those which contained respectively
Athens, into which the Spartans were accustomed  the warm, tepid, and cold bath.  [BALNEA.E.]
to thrust persons condemned to death.  (Thuc. i.    The interior of a temple, that is the part in134; Strab. viii. p. 367; Panus. iv. 18. ~ 4; Suidas, cluded within the outside shell, ocrdos (see the
s. v. BdpaOpov, Kald'as, KEdlas.)                  lower woodcut in ANTAE), was also called celltc.
CEDIT DIES.  [LEGATUM.]                          There was sometimes more than one cella within
CE'LERES, are said to have been three hun-  the same peristyle or under the same roof; in
dlred horsemen, who formed the body-guard of which case they were either turned back to back,
~Romulus both in peace and war (Liv. i 15; Dio-  as in the temple of Rome and Venus, built by
nys. ii. 13; Plut. Rom. 26).  There can, however, Hadrian on the Via Sacra, the remains of whicli
be little doubt that these Celeres were not simply  are still visible; or parallel to each other, as in tihe
the body-guard of the king, but were the same as  temple of Jupiter Optimlus Maximus in the Capitol.
the equites, or horsemen, a fact which is expressly  In such instances each cell took the name of the
stated by some writers (Plin. -IL. N. xxxiii. 2. s. 9), deity whose statue it contained, as cella Jovis, cella
and implied byothers (Dionys. L c.).  [EQUITES.]  Junonis, cela Minervae.                 [A. R.]
The etymology of Celeres is variously given. Some    CELLA'RIUS.  [CELLA.]
writers derived it from their leader Celer, who was    CENOTA'PHIUM, a  cenotaph - (scebs and
said to have slain Remlus, but most writers con-  rdoos) was an empty or honorary tomb, erected as
miected it with the Greek eimX7s, in reference to the  a memorial of a person whose body was buried
quickness of their service.  (Serv. ad Virg. Aen.  elsewhere, or not found for burial at all.  (Comp.
xi. 603.)  Niebuhr supposes celeres to be identical Thlic. ii. 34; Virg. Aen. iii. 303.)
with patzicii, and maintains that the former word    Cenotaphia were considered as re/igzosa, and
was the name of the whole class as distinguished  therefore divini juriis, till a rescript of the enl~from the rest of the nation (Hist. of Romne, vol. i. perors Antoninus and Verus pronounced them  not
p. 331); but although the equites were at first to be so. (Heinec. Ant. Rom. ii. 1.)   [R. W.]
unoubtedly chosen from the patricians, there seems    CENSI'TOR.  [CENSOR.]
-no reason for believing that the word celeres was    CENSUA'LES.  [CENSOR.]
synonymous with patricii. -                          CENSOR  (Tqer7jris), the name of two magisThe Celeres were under the command of a Tri-  trates of high rank in the Roman republic.  Their
iu2cnus Celertzm, who stood in the same relation to  office was called Censura (Trls/TeLa or Trstlcra).
the king, as the magister eqalitum did in a subse-  The Census, which was a register of Roman
ctuent period to the dictator.' He occupied the  citizens and of their property, was first estabsecond place in the state, and in the absence of the  lished by Servius Tullius, the fifth king of Rome.
king had the right of convoking the comitia. After the expulsion of the kings it was takens.Whether he was appointed by the king, or elected  by the consuls; and special magistrates were not
by the comitia, has been questioned, but the former  appointed for the purpose of taking it till the
is the more probable.  (Lyd. De Mag. i. 14; Pom-  year n. c. 443.  The reason of this alteration
pon. de Orig. Jur. in Dig. 1. tit. 2. s. 2. ~~ 15, was owing to the appointment in the preceding
19; Dionys. iv. 71; comp. Becker, Handbucl der  year of tribuni militum  with consular power in
Ri'misce. Alterth. vol. ii. part i.'pp. 239, 338.)  place of the consuls; and as these tribunes might
CELLA,  in its primary sense, means a store-  be plebeians, the patricians deprived the consuls,




CENSOR.                                            CENSOR.                   261i
and consequently their representatives, the tri-  with respect to rank and dignity.  No imperium
bunes, of the right of taking the census, and en- was bestowed upon them, and accordingly they
trusted it to two magistrates, called Censores, who  had no lictors. (Zonar. vii. 19.)  The jes censusrae
were to be chosen exclusively from the patricians.   was granted to them  by a lex centuriata, and not
The magistracy continued to be a patrician one  by the curiae, and in that respect they were inl
till B. c. 351, when C. Marcius Rutilus was the  ferior in power to the consuls and praetors.  (Cic.
first plebeian censor (Liv. vii. 22).  Twelve years  de Leg. Agr. ii. 11.)  But notwithstanding this,
afterwards, B. c. 339, it was provided by one of the censorship was regarded as the highest dignity
the Publilian laws, that one of the censors must in the state, with the exception of the dictatorship
necessarily be a plebeian (Liv. viii. 12), but it was  it was an ~epa &apX, a sanctses magistratus, to which
not till n. c. 280 that a plebeian censor performed  the deepest reverence was due.  (Plut. Cat. Mugj.
the solemn purification of the people (instrum con-  16, Flamzin. 18, Camcill. 2, 14, Aemnil. Paul. 38;., —
didit, Liv. JLypit. 13).  In B. c. 131 the two censors  Cic. ad Farn. iii. 10.)  The high rank and dignity
were for the first time plebeians.                 which the censorship obtained, was owing to the,
There were always two censors, because the two  various important duties gradually entrusted to it,
consuls had previously taken the census together. and especially to its possessing the regimen smorsem,
If one of the censors died during the time of his  or general control over the conduct and morals of
office, another had at first to be chosen in his  the citizens; in the exercise of which power they.
stead, as in the case of the consuls.  This, how-  were regulated solely by their own views of ditty,
ever, happened only once, namely, in a. c. 393; and were not responsible to any other power in the
because the capture of Rome by the Gauls in this  state.  (Dionys. in Mai, Nova Coll. vol. ii. p. 516;
lustrum excited religious fears against the practice  Liv. iv. 24, xxix. 37; Val. Max. vii. 2. ~ 6.) The:
(Liv. v. 31).  From this time, if one of the censors  censors possessed of course the sella curulis (Liv.
died, his colleague resigned, and two new censors xl. 45), but with respect to their official dress there
were chosen.  (Liv. vi. 27, ix. 34, xxiv. 43, is some doubt.  From  a well-known passage of
xxvii. 6.)                                         Polybius (vi. 53), describing  the  use of the
The censors were elected in the comitia cen- imagines at funerals, we may conclude that a conturiata held under the presidency of a consul. sul or praetor wore the praetexta, one who triumphed
(Gell. xiii. 15; Liv. xl. 45.)  Niebuhr supposes  the toga picta, and the censor a purple toga pecurthat they were at first elected by the comitia  liar to him; but other writers speak of their:
curiata, and that their election was confirmed by  official dress as the samle as that of the other,
the centuries; but there is no authority for this  higher magistrates.  (Zonar. vii. 19; Athen. xiv.,
supposition, and the truth of it depends entirely  p. 660, c.)  The funeral  of a censor was alwayas
upon the correctness of his views respecting the  conducted with. great pomp and splendour, and
election of the consuls.  [CONSUL.]  It was ne- hence a.enuls cC2esorion?, was voted even to thecessary that both censors should be elected on the  emperors.  (Tac. Acnr. iv. 15, xiii. 2.)
same day; and accordingly if the voting for the    The censorship continued in existence for 421<
second was not finished, the election of the first years, namely, from  n. c. 443 to a. c. 22; but
wcent for nothing, and new comitia had to be held. during this period many lustra passed by without,
(Liv. ix. 34.)  The comitia for the election of the  any censor being chosen at all.  According to one
censors were held under different auspices from  statement the  office was  abolished  by  SIlle
those at the election of the consuls and praetors; (Schol. Gronov. ad Cic. Div. in CGaecil. 3, p. 384,
and the censors were accordingly not regarded as  ed. Orelli), and although the authority, en whicl
their colleagues, although they likewise possessed  this statement rests, is not of much weight, the
the maxistah auspicia (Gell. xiii. 15).  The comitia  fact itself is probable; for there was no census
were held by the consuls of the year very soon  during the two lustra which elapsed from Sulla's
after they had entered upon their office (Liv. xxiv. dictatorship to the first consulship  of Pompey
10, xxxix. 41); and the censors, as soon as they  (B. c. 82-70), and any strict regimen oaortul
were elected and the censorial power had been  would have been found very inconvenient to thl?
granted to them  by a lex centuiata, were fully  aristocracy in whose faivour Sulla legislated.  If
installed in their office.  (Cic. de Leg. Ayr. ii. 11; the censorship was dene away with by Sulla, it
Liv. xl. 45.)  As a general principle the only  was at any rate restored in the consulship of
persons eligible to the office were those who had  Pompey and Crassus.  Its power was limited by
ipreviously been consuls; but a few exceptions  one of the laws of the tribune Clodius (B. c. 58),
occur.  At first there was no law to prevent a  which prescribed certain regular forms of proceedperson being censor a second time; but the only  ing before the censors in expelling a person froml
person, who was twice elected to the office, was  the senate, and the concurrence of both censors in
C. Marcius Rutilus in B. c. 265; -and he brought inflicting this degradation.  (Dion Cass. xxxviii.
forward a law in this year, enacting that no one  13; Cic. pro Sext. 25, de Prov. Coes. 15.)  This
should be chosen censor a second time, and re- law, however, was repealed in the third consulship
ceived in consequence the surname of Censorilnus.  of Pompey (I. c. 52), on the proposition of his col(Plut. Coriol. 1; Val. Max. iv. 1. ~ 3.)          league Caecilius lMetellus Scipio (Dion Cass. xl.
The censorship is distinguished from all other  57), but the censorship never recovered its former
Roman magistracies by the length of time during  power and influence.  During the civil wars which
-whicIl it was held.  The censors were originally  followed soon afterwards no censors were elected;
chosen for a whole lustrum, that is, a period of and it was only after a long interval that they
five years; but their office was limited to eighteen  were again <appointed, namely in B. c. 22, when
nlonths, as early as ten years after its insti-  Augustus caused L. Munatius Plancus and Paulus
tltion  (13. c. 433), by a law  of the dictator  Aemnilius Lepidus to fill the office.  (Suet. Aug.
MAam. Aemilins Mamercinus (Liv. iv. 24, ix. 33).  37, Claud. 16; Dion Cass. liv. 2.)  This was the
The censors also held a very  peculiar position  last time that such. magistrates were appointed;
s3




262                CENSOR.                                             CENSOR.
the emperors in future discharged the duties of I their value was to be estimated.  Accordinll  to
their office under the name of Plrefictc'a l1lorlrssz.  these laws each citizen had to give an account of
Some of the emperors sometimes took the name of himself, of his family, and of his property upon
censor when they actually held a census of the  oath, ex aninbi sentenutia.  (Dionys. iv. 15; Liv.
Roman people, as was the case with Claudius, who  xliii. 14.)  First he had to give his full name
appointed the elder Vitellius as his colleague (Suet.  (praenzonLen, no2en, and coqgnomen) and that of
Clsaed. 16; Tac. Anns. xii. 4, Hist. i. 9), and with  his father, or if he were a freedman that of his
AVespasian, who likewise had a colleaigne in his son  patron, and lie wa-s  likewise obliged to state his
Titus. (Suet. VIesp. 8, Tit. 6.)  Domitian assnmed  age.  Ie was then asked, Tit, ex animi tui sea?the title of censor pespet2us (Dion Cass. liii. 18), telati, uxorenisb  lbaes? and if married he had to
but this example was not imitated by succeeding  give the annme of his wife, and likewise the nlnmemperors.  In the reign of Decins we find the  ber, nlames,and ages of his children,if any. (Gell.
elder Valerian nominated to the censorship without  iv. 20; Cic. de Orat. ii. 64; Tab. Heracl. 142
a colleague (Trebell. Pollio, Vales. 1, 2); and  (68); Dig. 50. tit. 15. s. 3.) Single women (viducte)
towards the end of the fourth century it was pro-  and orphans (orbi orbaeque), were represented by
posed to revive the censorship (Symnimch. iP. iv. their tutores; their names were entered in separate
29, v. 9), but this design was never carried into  lists, and they were not included in the sum total
effect.                                             of capita.  (Comp. Liv. iii. 3, Eipit. 59.)  After
The duties of the censors may be divided into  a citizen had stated his name, age, family, &c., he
three classes, all of which were however closely  then had to give an account of all his property, so
connected with one another: I. TJle Cenzses, or  fitr as it was subject to the census.  In making
register of the citizens and of their property, ili  this statement lie was said cernsere or censeri, as a
which were included the lectio seosetus, and the  deponent, " to value or estimate himself," or as a
rsecognitio equitlbm; II. The ReygimeSn lMorsiit; anld  passive " to be valued or estimated:" the censor,
II. The acldmistration qf' t/ e fianessee of thee stcte,  who received the statement, was also said censere,
under which were classed the superintendence of as well as acciqere  censure.  (Comp. Cic. pro Flacc.
the public buildings and the erection of all new  32; Liv. xxxix. 15.)  Only such things were liable
public works.  The original business of the censor-  to the cenlsus (censuis censecolo) as were property
ship was at first of a much more limited kind; and  ex jsure QuiritiZn.  At first each citizen appears
was restricted alinost entirely to taking  the census  to have merely given the value of his whole pro(Liv. iv. 8); but the possession of this power  perty ill general without entering  into details
gradually brought with it fiesh power anid new  (Dionys. iv. 15; Cic. Cle Leg. iii. 3; Festus, s. v.
duties, as is shown below.  A  general view  of Censores);  but it soon became the practice to give
these duties is briefly expressed in the following  a minute specification of each article, as well as the
passage of Cicero (de Leg. iii. 3): -"  Censores  general value of the wholc. (Comp. Cic. pro Flacc.
populi aevitates, soboles, familias pecuniasque cen-  32; Gell. vii. 11; Plut. Cat. AlMaj. 18.)  Land
sento: urbis temple, vias, aquas, aerarium, vecti- formed the most important article in the census 
galia tuento: populique partes in tribus distri-  but public land, the possessio of which only bebuunto: exin pecuilias, aevitates, ordines partianto:  longed to a citizen, was excluded as not being
equitum, peditumque prolein l describunto: caelibes  Quiritarian property.  If we may judge from the
esse prohibento: mores populi regunto: probrum   practice of the imperial period, it was the custom
in senatu -ne relinciqmmto."                        to give a most minute specification of all such land
i. THE C~EN'sus, the first and principal duty  as a citizen held ex jirse Quzisiieiusz.  I-e ];ad to
of the censors, for which the proper expression is  state the name. and situation of the land, amid to
eensMsnn agere (Liv. iii. 3, 22, iv. 8), was always  specify what portion of it was arable, what meadow,
held in the Camnipus nartins, and yfiom  the year  wshat vineyard, and what olive-ground: and to
B. c. 435 in a special building called Villa Pzublic,  the land thus minutely described he had to affix
which was erected for that purpose by the second  his own v-aluation. (Dig. 50. tit. 15. s. 4.)  Slaves
pair of censors, C. Furius Pacilus and iI. Geganius  and cattle formed the next most important item.
Macerinus. (Liv. iv. 22; Varr. R. R. iii. 2.)  An  The censors also possessed the right of calling for a
account of the formalities with which the census  return of such objects as had not usually been given
svas opened is given in a fragment of the Tabzulae  in, such as clothing, jewels, and carriages.  (Liv.
Censoriae, preserved by Varro (L. L. vi. 86, 87, xxxix. 44; Plut. C/at. ic~ij. 18.)  It has been
ed. Miiller).  After the auspicia had been taken,  doubted by some models writers whether the centhe citizens were summoned by a public crler  sors possessed the power of setting a higher valu(praeco) to appear before the censors.  Each tribe  ation on the property thanl the citizens themselves
w-as called up separately (Dionys. -. 75); anad the  had put; but when we recollect the discretionary
names in each tribe swere probably taken according  nature of the censors' powers, and the necessity
to the lists previously made out by the tribunes of alhnost that existed, in order to prevent fraud, that
the tribes.  Every paterfaamilias had to appear in  the right of making a surcharge should be vested
person before the censors, who were seated in their  in somebody's hands, we can hardly doubt that
curule chairs; and those names were takeln first the censors had this power.  It is moreover exwvhich were considered to be of good omen, such  pressly stated that on one occasion they made an
as Valerius, Salvius, Statorius,-&c.  (Festus, s. v. extravagant surcharge on articles of luxury (Liv.
Lacus Luscrinszs; Schol. Bob. ad Cie. Ipo Scaur.  xxxix. 44; Plut. Catt. AMUj. 18); and even if they
p. 374, ed. Orelli.)  The census was conducted lad  did not enter in their books the property of a person
arbitri?6m censoris; but the censors laid down cer-  at a higher value than he returned it, they accoemtain rules (Liv. iv. 8, xxix. 15), sometimes called  plished the same end by compelling him  to pay
leges censui censendo (Liv. xliii. 14), in which  down the tax upon the property at a higher rate
mention was made of the different kinds of pro-  than others.  The tax (tribiutuims) was usually one
perty subject to the census, and in what way  per thousand upon the property entered in the books




CEN-SOlR.                                          CENSOR.                   *263
of the censors; but oni one occasion the censors, as  one which caused their office to be the most rea punishment, compelled a person to pay eight per vered and the most dreaded in the Roman state.
thousand (octupicato censu, Liv. iv. 24).         It naturally grew out of the right which they posA  person, who voluntarily absented  himself sessed of excluding unworthy persons from  the
from  the census, and thus became incensus, was  lists of citizens; for, as has been well remarked,
subject to the severest punishment. Servius Tullius  " they would, in the first place, be the sole judges
is said to have threatened the incensus with im- of many questions of fact, such as whether a
prisonment and death (Liv. i. 44); and in the re- citizen had the qualifications required by law or
publican period he might be sold by the state as a  custom for the rank which he claimed, or whether
slave.  (Cic. pro Caecin. 34.)  In the later tinmes Ie had ever incurred any judicial sentence, which
of the republic a person who was absent from the  rendered him infamous: but from thence the tranusicensus, might be represented by another, and thus  tion was easy, according to Itoman notions, to the
be registered by the censors.  (Varr. L. L. vi. 86.)  decision of questions of right; such as whether a
Whether the soldiers who were absent on service  citizen was really worthy of retaining his rank,
had to appoint a representative, may be questioned. whether he had not committed some act as justly
In ancient times the sudden breaking otit of a  degrading as those which incurred the sentence of
war prevented the census from being taken (Liv. the law." In this manner the censors gradually be.
vi. 31), because a large number of the citizens  came possessed of a complete superintendence over
would necessarily be absent.  It is supposed from  the whole public and private life of every citizen.
a passage in Livy (xxix. 37), that in later times  They were constituted the conservators of public
the censors sent commissioners into the provinces  and private virtue and morality; they were not
with fsull powers to take the census of the Roman  simply to prevent crime or particular acts of imsoldiers there; but this seems to have been only a  morality, but their great object was to maintain
special case.  It is, on the contrary, probable from  the old Roman character and habits, the  osos
the way in which Cicero pleads the absence of m1ajosru?. The proper expression for this branch
Archias from Rome with the army under Lucullus, of their power was regime726  2oru07  (Cic. de Leg.
as a sufficient reason for his not having been en- iii. 3; Liv. iv. 8, xxiv. 18, xl. 46, xli. 27, xlii.
rolled in the census (pro Arsci. 5), that service in  3; Suet. Asty. 27), which was called in the times
the army was a valid excuse for absence.           of the empire curc  or pratefeclstura mzorus1.  The
After the censors had received the names of all punishment inflicted by the censors in the exercise
the citizens with the amount of their property, they  of this branch of their duties was called Nrota or
then had to make out the lists of the tribes, and  IVctctio, or Annimadrersio Censoica. In inflicting it
also of the classes and centuries; for by the legis- they were guided only by their conscientious conlation of Servius Tullius the position of each citizen  victions of duty; they had to take an oath that they
in the state was determined by the amount of his  would act neither through partiality nor favour;
property. [COMITIA CENTURIATA.]   These lists  and, in addition to this, they were bound in every
formed a most important part of the Tabulle Cen- case to state in their lists, opposite the name of the
sosiet, under which name were included all the  guilty citizen, the cause of the punishment inflicted
documents connected in any way with the discharge  on him, - Subscriptio censoria.  (Liv. xxxix. 42
of the censors' duties.  (Cic. de Leg. iii. 3; Liv. Cic. pro Cluent. 42-48; Gell. iv. 20.)
xxiv. 18; Plut. Cat. Mleaj. 16; Cic. de Leg. Agn.    This part of the censors' office invested them
i. 2.)  These lists, as far at least as they were con- with a peculiar kind of jurisdiction, Which in many
nected with the finances of the state, were deposited  respects resembled the exercise of public opinion
in the aerarium, which was the temple of Saturn  in  modern  times; for there are innumerable
(Liv. xxix. 37); but the regular depositary for all actions which, though acknowledged by every one
the archives of the censors was in earlier times the  to be prejudicial and immoral, still do not colme
Atrium  Libertatis, near the Villa publica (Liv. within the reach of the positive laws of a country.
xliii. 16, xlv. 15), and in later times the temple of Even in cases of real crimes, the positive laws frethe Nymphs.  (Cic. Fpro MAl. 27.)                  quently punish only the particular offence, while
Besides the arrangement of the citizens into  in public opinion the offender, even after he has
tribes, centuries, and classes, the censors had also  undergone punishmentl is still incapacitated for
to make out the lists of the senators for the en- certain honours and distinctions which are granted
suing lustrum, or till new censors were appointed;  only to peisons of unblemished character.  Hence
striking out the names of such as they considered  the Roman censors might brand a man with their
unworthy, and making additions to the body from   nota censoria in case he had been convicted of a
those who were qualified.  This important part of crime in an ordinary court of justice, and had
their duties is explained under SENATUS.  In the  already suffered punishmeint for it.  The. conse.
same manner they held a reviewv of the equites  quence of such a nota was only ianos2nizic  and not
equo publico, and added and removed names as  infamnia (Cic. de Rep. iv. 6) [INFAaMI'A], anmd the
they judged proper. [EQUITES.]                     censorial verdict was not a juzdicihusz or res jusliAfter the lists had been completed, the number cata (Cic. pro Cluent. 42),. for its effects were not
of citizens was counted up, and the sum total an- lasting, but might be removed by the following cennounced; and accordingly we find that, in the  sots, or by a, lex. A nota censoria was moreover not
account of a census, the number of citizens is like-  valid, unless both censors agreed.  The ignomimmia
awise usually given.  They are in such cases spoken  was thus only a transitory capitis diminutio, which
of as capita, sometimes with the addition of the  does not even appear to have deprived a magisword civium, and sometimes not; and hence to be  trate of his office (Liv. xxiv. 18), and certainly
registered in the census was the same thing as  did not disqualify persons labouring under it for
capumt habere.  [CAPUT.]                           obtaining a magistracy, for being appointed as
II. RESImEN:   MouoRir.  This was the most judices by the praetor, or for serving in the Roman
impiortant branch of the censors' duties, and the  armies.  Main. Aemilius was thus, notwithstands 4




264                CENSOR.                                            CENSOR.
ing the animadversio censoria, made dictator. (Liv. ment might either be a simple exclusion from  the
iv. 31.)                                           list of senators, or the person might at the satie
A  person might be branded with a censorial time be excluded from the tribes and degraded to
nota in a variety of cases, which it would be im- the rank of an aerarian. (Liv. xxiv. 18.)  The
possible to specify, as in a great many instances it latter course seems to have been seldom adopted;
depended upon the discretion of the censors and  the ordinary mode of inflicting the punishment was
the view they took of a case; and sometimes even  simply this: the censors in their new lists omitted
-one set of censors would overlook an offence which  the names of such senators as they wished to exwas severely chastised by their successors.  (Cic. elude, and in reading these new lists in public,
de Senect. 12.)  But the offences which are re- passed over the names of those who were no longer
corded to have been punished by the censors are  to be senators.  Hence the expression psraeterita.of a threefold nature.                            senatores is equivalent to e senataz ejecti.  (Liv.
1. Such as occurred in the private life of indi- xxxviii. 28, xxvii. 11, xxxiv. 44; Fest. s. v.
Yiduals, e. g. (a) Living in celibacy at a time  Praeteriti.)  In some cases, however, the censors
when a person ought to be married to provide the  did not acquiesce in this simple mode of proceedstate with citizens. (Val. Max. ii. 9. ~ 1.)  The  ing, but addressed the senator whom  they had
obligation of marrying was frequently impressed  noted, and publicly reprimanded him for his conupon the citizens by the censors, and the refusal to  duct. (Liv. xxiv. 18.)  As, however, in ordinary
fulfil it was punished with a fine [AEs UxoRIlaU]. cases an ex-senator was not disqualified by his
(b) The dissolution of matrimony or betrothment in  ignominia for holding any of the magistracies which
an improper way, or for insufficient reasons. (Val. opened the way to the senate, he might at the next
Max. ii. 9. ~ 2.)  (c) Improper conduct towards  census again become a senator. (Cic. pro Clizent.
one's wife or children, as well as harshness or too  42, Pillt. Cic. 17.)
great indulgence towards children, and disobedi-    2. The adenzptio eiTe, or the taking away the
ence of the latter -towards their parents.  (Plut. equus publicus from an eques.  This punishment
Cat. Maj. 17; compare Cic. de Rep. iv. 6; Dionys. might likewise be simple, or combined with the exxx. 3.)  (d) Inordinate and luxurious mode of clusion from the tribes and the degradation to the
living, or an extravagant expenditure of money. rank of an aerarian.  (Liv. xxiv. 18, 43, xxvii.
A great many instances of this kind are recorded.  11, xxix. 37, xliii. 16.)  [EQUITES.]
(Liv. Epit. 14, xxxix. 44; Plut. Cat. MAoaj. 18;    3. The tnotio e tribu, or the exclusion of a person
CGellius, iv. 8; Val. Max. ii. 9. ~ 4.)  At a later from his tribe.  This punishment and the degratime the leges sumtuariae were made to check the  dation to the rank of an aerarian were originally
growing love of luxuries.  (e) Neglect and care- the same; but when in the course of time a dislessness in cultivating one's fields. (Gell. iv. 12; tinction was made between the tribus rusticae anld
Plin. H. N. xviii. 3.) (f) Cruelty towards slaves  the tribus urbanae, the motio e tribu transferred a
or clients. (Dionys. xx. 3.)  (g) The carrying on  person from the rustic tribes to the less respectable
of a disreputable trade or occupation (Dionys..1. c.), city tribes, and if the further degradation to the
such as acting in theatres. (Liv. vii. 2.) (i) Le- rank of an aerarian was combined with the motio
gacy-hunting, defrauding orphans, &c.              e tribu, it was always expressly stated. (Liv. xlv.
2. Offences committed in public life, either in  15; Plin. Ii. N. xviii. 3.)
the capacity of a public officer or against magis-    4. The fourth punishment was called refeSrre is
trates.  (a) If a magistrate acted in a manner not aerarios (Liv. xxiv. 18; Cic. pro Client. 43) or
befitting his dignity as an officer, if he was acces- facere aliquenz aeraliumn (Liv. xxiv. 43), and might
sible to bribes, or forged auspices. (Cic. de Senect.- be inflicted on any person who was thought by
12; Liv. xxxix. 42; Val. Max. ii. 9. ~ 3; Plut. the censors to deserve it. [fARARI.]3  This deCat. lkj. 17; Cic. de Divin. i. 16.)  (6) Im-  gradation, properly  speaking, included  all the
proper conduct towards a magistrate, or the attempt other punishments, for an eques could not be made
to limit his power or to abrogate a law which the  an aerarius unless he was previously deprived of
censors thought necessary.  (Liv. iv. 24; Cic. de  his horse, nor could a member of a rustic tribe be
Orat. ii. 64; Val. Max. ii. 9. ~ 5; Gellius, iv. 20.)  made an aerarius unless he was previously excluded
(c) Perjury. (Cic. de Off  i. 13; Liv. xxiv. 18; from it.  (Liv. iv. 24, xxiv. 18, &c.)
Gell. vii. 18.)  (d) Neglect, disobedience, and    A  person who haid been branded with  a nota
cowardice of soldiers in the army. (Val. Max. ii. 9. censoria, might, if he considered himself wronged,
~ 7; Liv. xxiv. 18, xxvii. 11.) (e) The keeping of endeavour to prove his innocence to the censors
the equus publicus in bad condition. [EQUITES.]   (causasm aegere apezd censores, Varr. de Re /Rust. i.
3. A variety of actions or pursuits which were  7), and if he did not succeed, he might try to gain
thought to be injurious to public morality, might the protection of one of the censors, that he might
be forbidden by the censors by an edict (Gellius, intercede on his behalf.
xv. 11), and those who acted contrary to such        III. THE ADMINISTRATION OF THE FINANCES
edicts were branded with the nota and degraded.  OF THE STATE, was another part of the censors'
For an enumeration of the offences that might be  office.  In the first place the tr'ibutum1, or property -
punished by the censors with ignominia, see Nie-  tax, had to be paid by each citizen according to the
buhr, llist. of Ronze, vol. ii. p. 399, &c.       amount of his property registered in the census, and,
The punishments inflicted by the censors gene.- accordingly, the regulation of this tax naturally fell
rally differed according to the station which a man  under the jurisdiction of the censors. (Comp. Liv.
occupied, though sometimes a person of the highest xxxix. 44) [TRIBnUTvU.]  They also had the
rank might suffer all the punishments at once, by  superintendence of all the other revenues of the
being degraded to the lowest class of citizens. But state, the vect ialia, such as the tithes paid for the
they are generally divided into four classes: —    public lands, the salt works, the mines, the cus1. Motio or ejectio e senatu, or the exclusion of a  toms, &c. [VECTIGALIA.]  All these branches of
man from the number of senators.  This punish- the revenue the censors were accustomed to let out




CENSOR.                                            CENSOR.                   265
to the highest bidder for the space of a lustrum or  had been granted to them  by the senate.  (Liv.
five years.  The act of letting was called venditio  xl. 51, xliv. 16.)  They were let out to contractors,
or locatio, and seems to have taken place in the  like the other works mentioned above, and when
month of March (Macrob. Sat. i. 12), in a public  they were completed, the censors had to see that
place in Rome (Cic. de Leg. Agr. i. 3, ii. 21). the work was performed in accordance with the
The terms on which they were let, together with  contract: this was called opus probare or in accepthe rights and duties of the purchasers, were all tunee referre.  (Cic. Verr. i. 57; Liv. iv. 22, xlv.
specified in the leges censoriae, which the censors  15; Lex Puteol. p. 73, Spang.)
published in every case before the bidding com-    The aediles had likewise a superintendence over
mnenced. (Cic. ad Qu. Fr. i. 1. ~ 12, Veri. iii. 7, the public buildings; and it is not easy to define
de Nat. Deor. iii. 19, Varr. de Re Rust. ii. 1.)  with accuracy the respective duties of the censors
For further particulars see PUBLICANI.  The cen- and aediles: but it may be remarked in general
sors also possessed the right, though probably not  that the superintendence of the aediles had more
without the concurrence of the senate, of imposing  of a police character, while that of the censors had
new vectigalia (Liv. xxix. 37, xl. 51), and even  reference to all financial matters.
of selling the land belonging to the state  (Liv.    After the censors had performed their various
xxxii. 7).  It would thus appear that it was the  duties and taken the census, the lutstbun or solemn
duty of the censors to bring forward a budget for purification of the people followed.  When the
a lustrum, and to take care that the income of the  censors entered upon their office, they drew lots to
state was sufficient for its expenditure during that see which of them should perform this purification
time.  So far their duties resembled those of a  (lustrumrfauceere or condere, Varr. L. L. vi. 86; Liv.
modern minister of finance.  The censors, how- xxix. 37, xxxv. 9, xxxviii. 36, xlii. ] 0); but both
ever, did not receive the revenues of the state. censors were obliged of course to be present at the
All the public money was paid into the aerarium, ceremony.  [LUsTRUnI.]
which was entirely under the jurisdiction of the    In the Roman and Latin colonies and in the
senate; and all disbursements were made by order municipia there were censors, -who likewise bore
of this body, which employed the quaestors as its  the name of quinquennales.  They are spoken of
officers.  [AERARvIUM; SENATUS.]                   under COLONIA.
In one important department the censors were    A census was sometimes taken in the provinces,
entrusted with the expenditure of the public money; even under the republic (Cic. Verr. ii. 53, 56); but
though the actual payments were no doubt made by  there seems to have been no general census taken
the quaestors.  The censors had the general super-  in the provinces till the time of Augustus.  This
intendence of all the public buildings and works  emperor caused an accurate account to be taken of
(operapublica); and to meet the expenses connected iall persons in the Roman dominion, together with
with this part of their duties, the senate voted them  the amount of their property (Ev. Lucae, ii. 1, 2;
a certain slim of money or certain revenues, to which  Joseph. Ant. Jud. xvii. 13. ~ 5, xviii. 1. ~ i.
they were restricted, but which they might at the  2. ~ 1.); and a similar census was taken from time
same time employ according to their discretion. to time by succeeding emperors, at first every
(Polyb. vi. 13; Liv. xl. 46, xliv. 16.)  They had  ten, and subsequently every fifteen years.  (Sato see that the temples and all other public build-  vigny, Rnliiscl/e Sterezverfi ssung, in Zeitscl}Ot, vol.
ings were in a good state of repair (aedes sacras  vi. pp. 375-383.)  The emperor sent into the
tueri and srte trecta exigere, Liv. xxiv. 18, xxix. provinces especial officers to take the census, wrao
37, xlii. 3, xlv. 15), that no public places were en- were called Cen'sitores (Dig. 50. tit. 15. s. 4. ~ 1 
croached upon by the occupation of private persons  Cassiod. Var. ix. 11; Orelli, Inscr. No. 3652);
(loca tuee-i, Liv. xlii. 3, xliii. 16), and that the  but the duty was sometimes discharged by the imlaquaeducts, roads, drains, &c. were properly at- perial legati.  (Tac. Ann. i. 31, ii. 6.)  The Censitended to.  [AQuaEDUCTUS; VIAE; CLOACAE.]  torts were assisted by subordinate officers, called
The repairs of the public works and the keeping  Censzuales, who made out the lists, &c.  (Capitol.
of them  in proper condition were let out by the  Gordicn. 12; Symmach. Ep. x. 43; Cod. Theod.
censors by public auction to the lowest bidder, just 8. tit. 2.)  At Rome the census still continued to
as the vectigalia were let out to the highest bidder. be taken under the empire, but the old ceremonies
These expenses were called ultrotributa; and hence  connected with it were no longer continued, andl the
we frequently find vectigalia  and ultrotributa con- ceremony of the lustration was not performed after
trasted with one another.  (Liv. xxxix. 44, xliii. the time of Vespasian.  The two great jurists,
16.)  The persons who undertook the contract Paulus and Ulpian, each wrote works on the
were called conductores, imasccipes, redeitptores, szs-  census in the imperial period; and several extracts
ccptores, &c.; and the duties they had to discharge  from  these works are given in a chapter in the
were specified in the Leges Censoriac.  The censors  Digest (50. tit. 15), to whiclh we must refer our
had also to superintend the expenses connected  readers for further details respecting the imperial
with the worship of the gods, even for instance the  census.
feeding of the sacred geese in the Capitol, which    The word census, besides the meaning of" valnawere also let out on contract.  (Plut. Quaest. Rom. tion " of a person's estate, has other significations,
98; Plin. H. N. x. 22; Cic. pro Rose. Am. 20.)  which must be briefly mentioned: 1. It signified
Besides keeping existing public works in a proper the amount of a person's property, and hence we
state of repair, the censors also constructed new  read of census senatoriuzs, the estate of a senator;
ones, either for ornament or utility, both in Rome  census equestris, the estate of an eques. 2. The lists
and in other parts of Italy, such as temples, of the censors.  3. The tax which depended upon
basilicae, theatres, porticoes, fora, walls of towns, the valuation in the census.  The Lexicons will
aqueducts, harbours, bridges, cloacae, roads, &c. supply examples of these meanings.
These works were either performed by them jointly,    (A considerable portion of the preceding article
or they divided between them the money, which  has been taken from  Becker's excellent account




266                CENSUS.                                            CENSUS.
of the censorship in his tIcta2dbuzch cle  R;XJisclenj capital.  There is a passage il Pollux (viii. 130,
AAlterthitiner, vol. ii. part ii. p. 191., &c. Compare  132) in which he says that a pentacosiomedimnus
Niebuhr, I-istory of Role, vol. ii. p. 397; Arnold, expended one talent on the public account, a 1irTresh
Hiistor# of Romse, vol. i. p. 346, &c.; Giittling, thirty minae,and an asvyrLT~7sten minae.  Nowthis
Rdmische Staats'esytcssszg, p. 328, &c.  Gerlach,  seems to be impossible; for, as Solon (Plut. Sol.
Die RMSmische Censu' in ib        i'em  IerhW1r ltisse zur  23) reckoned the medimnus of dry produce at one
Ve:fitssuzi/q, Basel, 1842;   Dureanu de la Malle,  drachma, we must suppose that a member of the
Economnie Politique des Romaians, vol. i. p. 159, &c.)  first class was reckoned to have an annual income
CENSUS. —1. Gr.EEI.-The Greek terml for of 500 drachmae, or the twelfth part of a talent.
a man's property as ascertained by the census, as  But the difficulty may be solved in this manner.
well as for the act of ascertaining it, is Tri/u/ua.  The valuation which Solon put upon the land of an
The only Greek state concerning whose arrange-  Athenian citizen was in reality neither the real
ment of the census we have any satisfactory in-  value of the property, nor the amount of the proformation, is Athens; for what we know of the  perty tax, but only a certain portion of the real
other states is only of a fragmentary nature, and  property which was treated as the taxable capital.
does not enable us to form an accurate notion of Solon in his census ascertained a person's landed
their census.  Previous to the time of Solon no  property from  its net annual produce; and the
census had been instituted at Athens, as a citizen's  number of medimni which it was supposed to prorights were always determined by birth; but, as  duce were reckoned as so many drachmae.  But
Solon substituted property for birth, and mlade a  the produce was probably not calculated higher
citizen's rights and duties dependent upon his pro- than was done when the estate was let out to farm.
perty, it became a matter of necessity to ascertain  The rent paid by a farmer was probably not much
by a general census the amount of the property of more than eight per cent, as it was in the time of.
the Athenian citizens.  According to his census, Isaeus.  (De ilrago. Ilered.. ~ 42.)  Now, if we
all citizens were divided into four classes: 1. suppose that in the time of Solon it was 84 perIieraKooseoEistuvot, or persons possessing landed  cent, the net produce of an estate was exactly ess of
property which yielded an annual income of at the value of the property, and accordingly the value
least 500 medimni of dry or liquid produce.  2. of the property of a person belonging to the first'irTre7s, i. e. knights or persons able to keep a  class was one talent; in the second, 3600 drachmae;
-war-horse, were those whose lands yielded an an- and in the third, 1800 drachmae.  Solon, in taxing
nual produce of at least 300 medimni, whence  the citizens, was wise enough to see that the salme
they are also called rptalcolo/eLtulivoL.  3. ZEV- standard could not be applied to all the three classes,
ylat, i. e. persons able to keep a yoke of oxen  for the smnaller a person's income is, the smaller
(eOy7os), were those whose annual income con- ought to be the standard of taxation. Accordingly,
sisted of at least 150 medimni.  4. The O~TEs a person belonging to the first class, being the
contained all the rest of the free population, whose  wealthiest, had to pay a tax of his entire property,
income was below that of the Zeugitae.  (Plut. while only a portion of the property of the persons
Sol. 18, and the Lexicographers, s. vv.)  these  helonging to the two other classes was regarded as
classes themselves were called  7't1eijdaTa; and the  taxable capital; viz. persons of the second paid the
constitution of Athens, so long as it was based  tax only of -, and persons of the third class only of
Ipon these classes, was a timocracy (T'LtoclpaTria or 1 of their property.  Lists of this taxable property
airt esj7dc-UTwv 7rohArTE'a). The highest magistracy  (&7roypaopat) were kept at first by the naucrari,
at Athens, or the archonship, was at first ac- who also had to conduct the census (Hesych. s. v.
cessible only to persons of the first class, until Vau'Kapos), and afterwards by tIhe demarchi (HarAristides threw  all the state offices open to all pocrat. s. v. alcapXot). As property is a fluctuating
classes indiscriminately. (Plut. Arist. 1, 22.) The  tihing, the census was repeated from time to timle,
ucaintenance of the republic mainly devolved upon  but the periods differed in the various parts of
the first three classes, the last being exempted from   Greece, for in some a census was held every year,
all taxes.  Sometimes Eve indeed find mention of a  and in others every two or four years.  (Aristot.
8TIcKbY e-dros, and the expression;svmicOm' T5eXe7v, Po!it. v. 8.)  Every person had conscientiously to
to pay the tax of pij-es (Dem. c. llacactt. p. 1067; state the amount of his property, and if there was
Beklker, Anuecd. Go'aec. p. 261; Etynm. M. s. v.); any doubt about his honesty, it seems that a counterbut this cannot be understood of a special tax  valuation ('&Vt-rvy'siu S) might be made.  Now,
vwhich the fourth class had to pay, but must be ex- supposicng that all the taxable capital of the Atheplained in a more general sense, for TeAos 7reAeu' nia  citizens was found to be 3000 talents, and
]nmeans  generally, to perform the duties arising out that the state wanted 60 talents, or -1 part of it,
of persons being connected with one or other of the  each citizen had to pay away 510 part of his tax-.
classes.                                           able property; that is, a person of the first class
In regard to the duties whlich the above-men- paid 120 drachmae (the 50th part of 6000), a per.
tioned census imposed upon the first three of the  son of the second, 60 drachmae (the 50th part of
classes, wve must distinguish certain personal obli- 3000), and a person of the third class, 20 drachnmae
gations or liturgies (hXesvToupyiat) which had to be  (the 50th part of 1000).  It is, however, not imperformed by individuals according to the class to  probable that persons belonging to the sainel class
which they belonged [LEITuRGIaE], and certain  had to pay a different amount of taxes according
taxes and bitrdens which were regulated according  as their property was equial to the minimum  or
to the classes; so that all citizens  belonging to the  above it; and Bocklh, in his Public Econonzy of
same class had the same burdens imposed upon  Athens, hais made out a table, in which each class
them.  As the land in the legislationi of Solon was  is subdivided into three sections.
regarded as the capital which yielded an annual    This system  of taxation according to classes,
income, he regulated his system of taxation by the  and based upon the possession of productive estates,
ervae of the land which  waes treated as the taxable  underevent a considerable change in the time of the,




CENTUiMVIRI.                                        CENTUMI lIRT.                 267
Peloponnesian i;var, though the divisions illto classes  three were chosen out of each tribe, and consethemselves continued to be observed for a consider-  quently the whole number out of the 35 tribes
able time after.  As the wants of the republic in-  would be 105, who, in round numbers, were called
creased, and as many citizens were possessed of the hundred men; and as there were not 35 tribes
large property without being landed proprietors, till B. c. 24], it has been sometimes inferred that
the original land-tax was changed into a property-  to this time we must assign the origin of the centax.  In this manner we must explain the proposal tumviri.  But, as it has been remarked by Hollof Euripides, shortly before B. c. 393, to raise 500  weg, we cannot altogether rely on the authority of
talents by imposing a tax of one fortieth  part.  Festus, and the conclusion so drawn from his state(Aristoph. Eecles. 823, &c.)   For the taxable  ment is by no means necessary.  If the centumviri
capital, viz. 20,000 talents, far exceeds the amount were chosen from  the tribes, this seems a strong
of all the landed property in Attica. This property  presumption in fayour of the high antiquity of the
tax, which was substituted for the land tax, was  court.
called Eimoopa, concerning which see EIsPoIr.R.    The proceedings of this court, in civil matters,
Compare LEITURGIAE; and for the taxes paid by  were per legis actionem, and by the sacramentumn.
resident aliens, METOICI. (BEckh, Publ. Econ. of  The process here, as in the other judicia privata, con4Attens, p. 495, &c., 2d edit.)                    sisted of two parts, in jure, or before the praetor,
2. ROMAN.  [CENsoR.]                  [L. S.]    and in judicio, or before the centumviri.  The
CEN TESIMi A, namely parns, or thle hundredth  praetor, however, did not instruct the centumviri
part, also called vectigal srerums venalisnu,   or cen- by the forlmula, as in other cases, which is further
tesie.saerlum vernaliunt, was a tax of one per cent. explained by the fact that the praetor presided in
levied at Rome and in Italy upon all goods that the judicia centunmviralia.  (Plin. E). v. 21.)
were exposed for public sale at auctions.  It was    It seems pretty clear tlhat the powers of the cencollected by persons called coneaoses.  (Cic. ad  tumnviri were limited to Rome, or at any rate to
ri'tut. 18, psro itabir. Post. 11; Dig 1. tit. 16. Italy.  Ilollweg maintains that their powers were
s. 17. ~ 2.)   This tax, as Tacitus (AnZ. i. 78)  also confined to civil matters; but it is impossible
says, was introduced after the civil wars, though  to reconcile this opinion with some passages (Ovid,.
its being mentioned by Cicero shows, tllat these  Trist. ii. 91; Phaedr. iii. 10, 35, &c.), from which
civil wars cannot have been those between Octa-  it appears that crimina camne under their cogni.
vian and Antony, but  llust be an earlier civil zanlce.  The substitution of ant forit in the passage
war, perhaps that between 1Marius and Sulla. Its  of Quintilian  (Inst. Or-at. iv. 1. ~ 57), even if
produce was assigned by Augustus to the aescr- supported by good MSS. as Hollweg affirms, can
1'ilt  mlilitate.  Tiberius reduced the tax to one  hardly be defended.
half per cent. (ducentesimn), after he had changed    The civil matters lwhich came under the cogniCappadocia into a province, and had thereby in-  zance of this court are not completely ascertained.
creased the rex enue of the empire. (Tac. Ann. ii. Many of them (though we have no reason for say42.)  Caligulal in the begiinning of his reign  ing sall of them) are enumerated by Cicero in a
abolished the tax altogether for Italy, as is at- iwell-known passage (De Oslt. i. 38). I-Iollweg mentested by Suetonins (Cali/g. 16) and also by an  tions that certain matters only came under their
ancient medal of Caligula on which we find C. C. R.  cognizance, and that other matters were not within
(i. e. ducentcsizca r cnisscs.) But Dion Cassius (lviii.  their cognizance; and further, that such matters as
16), whose authority on this point cannot outweigh  were within their cognizance, were also within the
that of Suetonius and Tacitus, states that Tiberius  cognizance of a single judex.  Hollweg maintains
increased the clducentessinza to a centesimac, and in  that actiones in remn   or v-indicationes of the old
another passage he agrees with Suetonius in stating  civil law (with the exception, hoawever, of actiones
that Caligula abolished it altogether (lix. 9; comp. praejudiciales or status quaestiones) could alone be
BEurmann, De Vectig. Pop. Ro2e. p. 70).  [L. S.]   brought before the centumn-iri; and that neither a
CENTE'SIMAE  USU'1RAE.  [FENUS.]                 personal action, one arising from contract or delict,
CENTU'MVIRI.  The origin, constitution, and  nor a status quaestio, is ev-er mentioned as a causa
powers of the court of centumnviri are exceedingly  centumviralis.  It a as the practice to set up a
obscure, and it seems almost ilnpossible to corn-  spear in the place where the centumviri were sitbine and reconcile the various passages of Roman  ting, and accordingly the word hasta, or hasta cellnwriters, so as to present a satisfactory vieaw of this  tunmiralis, is sometimes used as equivalent to the
subject.  The essay of Hollweg, Uber die CoE-  words judicium  celltumvirale.  (Suet. Octnzian.
pentenz ces Centfwmi;1'salyericlts (Zeitsclr'ft, &c., v. 36; Quintil. Isst. Orst. v. 2. ~ 1.)  The spear
358), and the essay of Tigerstrmin, De Jedicibues  was a symbol of quiritarian. ownership: for "a
acpeda Rozanos, contain all the authorities on this  man waas considered to have the best title to that
matter; but these two essays do not agree in all  which lie took in avar, and accordingly a spear is
their conclusions.                                  set up in the centumviralia judicia."  (Gains, iv.
The centumviri were judices, wvho resembled  1 6.)  Such was tihe explanation of the Roman
other judices in this respect, that they decided  jurists of the origin of an ancient custom, from
cases under the authority of a mnagistratius: but  which it is argued, that it may at least be inferred,
they differed from other judices in being a definite  the cenltumviri had properly to decide matters rebody or collegimin.  This collegium  seems to have |lating to quiritarianl  oxwnership, and questions conbeen divided into four parts, each of awhich some-  nected therewith.
times sat by itself.  The origin of the court -is un-    It has been already said that the matters which
known; but it is certainly prior to the Lex Aebutia, belonged to the cognizance of the centunaviri might
which put an end to the legis actiones, except in  also be brought before a judex; beut it is conjecthe matter of Danmnurm Infectun, and in the causae  tured by I-Iollweg that this was not the case till
centumvirales.   (Gaius, iv. 31; Gell. xvi. 10.)  after the passing of the Aebutia Lex. Ile considers
According to Festus (s. C'~estuntmrivuica   Jssdicirc),  that the court of the centumviri was established




263              CEREALIA..                                          CERTI.
in early times, for the special purpose of deciding  is doubtful; some think it was the ides or ] 3th
questions of quiritarian ownership; and the im- of April, others the 7th of the same month.  (Ov.
porta.nce of such questions is apparent, when we  Fast. iv. 389.)                     [R. W.]
consider that the Roman citizens were rated ac-    CEREVI'SIA, CERVI'SIA  (v9os), ale or
cording to their quiritarian property, that on their beer, was almost or altogether unknown to the
rating depended their class and century, and con- ancient, as it is to the modern inhabitants of
sequently their share of power in the public as- Greece and Italy. But it was used very generally
semblies.  No private judex could decide on a by the surrounding nations, whose soil aid climate
right which might thus indirectly affect the caput were less favourable to the growth of vines (it
of a Roman citizen, but only a tribunal selected out Gallia, aliisque provinciis, Plin. 1. N. xxii. 82;
of all the tribes. Consistently with this hypothesis  Theophrast. De Causis Plant. vi. 11; Diod. Sic.
we find not only the rei vindicatio withisl the  iv. 2, v. 26; Strab. xvii. 2. 5; Tacit. Germ. 23).
jurisdiction of the centumviri, but also the heredi- According to Herodotus (ii. 77), the Egyptians
tatis petitio and actio confessoria.  Hollweg is of commonly drank 6 barley-wine," to which custom
opinion that, with the Aebutia Lex a new epoch in  Aeschylus alludes (ic KplO&, TeHOv, Szppl. 954;
the history of the centumviri commences; the legis Pelusiaci pocula zythi, Coluni. x. 116). Diodorus
actiones were abolished, and the formula [AcTIo]  Siculus (i. 20, 34) says, that the Egyptian  beer
was introduced, excepting, however, as to the  was nearly equal to wine in strength and flavour.
cansae centuntvirales. (Gaius, iv. 30, 31; Gell. xvi. The Iberians, the Thracians, and the people in the
1 0.)  The formula is in its nature adapted only  north of Asia Minor, instead of drinking their ale
to personal actions; but it appears that it was also  or beer out of cups, placed it before them in a large
adapted by a legal device to vindicationes; and  bowl or vase (KpaTrip), which was sometimes of
lIollweg attributes this to the Aebutia Lex, by  gold or silver.  This being full to the brim with
which lie considers that the twofold process was the grains, as well as the fermented liquor, the
introduced:- 1. per legis actionem apud centum- guests, when they pledged one another, drank to.
viros; 2. per formulam or per sponsionem before a  gether out of the same bowl by stooping down to
judex.  Thus two modes of procedure in the case  it, although, when this token of friendship was
of actiones in rem  were established, and such  nIot intended, they adopted the more refined method
actions were no longer exclusively within the juris- of sucking up the fluid through tubes of cane.
diction of the centumviri.                       (Archil. Fracy. p. 67, ed. Liebel; Xen. Anab. iv.
Under Augustus, according to Iollweg, the  ~ 5, 26; Athen. i. 28; Virg. Geoyg. iii. 380;
functions of the centumviri were so far modified  Serv. ad loc.)  The Stuevi, and other northern
that the more important vindicationcs were put nations, offered to their gods libations of beer,
under the cognizance of the centumviri, and the  and expected that to drink it in the presence of
less important were determined per sponsionem  Odin would be among the delights of Valhalla.
and before a judex. Under this emperor the court (Keysler, Antiq. Septcet. p. 150-156.)  BpTrosy,
also resumed its former dignity and importance. one of the names for beer (Archil. I. c.; Hella(Dial. de Cans. Corrupt. Eloq. c. 38.)          inicus, p. 91, ed. Sturtz; Athen. x. 67), seems to
The younger Pliny, who practised in this court be an ancient passive participle, from the verb to:
(Ep. ii. 14), makes frequent allusions to it in his brew.                              [J. Y.]
letters.  (Ep. i. 5, v. 1, ix. 23.)  The centumviri    CE'RNERE I-IEREDITA'TEM. [HEREs.]
are mentioned in two excerpts in the Digest (5.    CERO'MA (icopvlAa) was the oil mixed with
tit. 2. s. 13, 17) and perhaps elsewhere; one ex- wax (Kcips) with which wrestlers were anointed.
cerpt is fiom  C. Scaevola and the other from  After they had been anointed with this oil, they
Paulus.                                          were covered with dust or a soft sand; whence
The foregoing notice is founded on Hollweg's  Seneca (EPp. 57) says —A  ceromate enos Lalpzeo
ingenious essay; his opinions on some points, how- (&ipO) excepit iz crypta NeaTpolitana.
ever, are hardly established by authorities. Those    Ceroma also signified the place where wrestlers
who desire to investigate this exceedingly obscure  were anointed (the elaeothesiuma, Vitruv. v. 11),
matter may compare the two essays cited at the  and also, in later times, the place where they
head of this article.                 [G. L.]    wrestled.  This word is often used in connection
CENTU'RIA. [COMsITIA; ErERCITUvs.]             withpalaestra (Plin. IT N. xxxv. 2), but we do not
CENTURIA'TA  COMI'TIA. [COMITIA.]   know in what respect these places differed. Seneca
CENTU'RIO. [EXERCITUS.]                        (De BreC. Vit. 12) speaks of the ceroma as a
CENTUSSIS.  [As.]                              place which the idle were accustomed to frequent,
CERA  (Kcpos), wax. For its employment in  in order to see the gymnastic sports of boys. Arpainting, see PICTvRA, No. 7; and for its ap- nobius (Adlv. Gent. iii. 23) informs us that the
plication as a writing material, see TABULAR and  ceroma was under the protection  of Mercury.
TESTAMENTUM.                                     (Krause, Gymnastik send Agonistik der Iellenenz,
CEREA'LIA, a festival celebrated at Rome in  vol. i. p. 106, &c.)
honour of Ceres, whose walderings in search of    CERTAIMINA.  [ATHLETAE.]
her lost daughter Proserpine were represented    CERTI, INCERTI ACTIO, is a name which
by women clothed in white, running about with  has been given by some modern writers to those
lighted torches.  (Ov. Fast. iv. 494.)  During its  actions in which a determinate or indeterminate
continuance, games were celebrated in the Circus  sum, as the case may be, is mentioned in the forMaximus (Tacit. Ann. xv. 53), the spectators of mula (condenznatio certae pecuniae vel incertae,
which appeared in white (Ov. Fast. iv. 620); but Gains, iv. 49, &c.).
on any occasion of public mourning the games and    The expression incerta formula, which occurs in
festivals were not celebrated at all, as the ma-  Gains (iv. 54), implies a certa formula.  With
trons could not appear at them except in white. respect to the intentio, it may be called certa
(Liv. xxii. 56, xxxiv. 6.) The day of the Cerealia  when the demand of the actor is determinate,..




CESTUS.                                             CETRA.                  2- 69
vllether it be a certain thing that he demands, or thin pieces, and joined in an ancient manner; they:a certain sum of money (Gaius, iv. 45, 47).  The  were tied under the hollow or palm of the hand,
iintentio is incerta when the claim is not of a de-  leaving the fingers uncovered.  The athletae in
finite thing or something, but is expressed by the  the palaestrae at Olympia used the  CtXyeXat in
words quidquid, &c. (Gaius, iv. 47, 136, 137.)  practising for the public games (iLc/'T@rwv  T7wv
If the intentio is incerta, the condemnatio must 1paXatcw'r'pwv, Palus. vi. 23. ~ 3); but in the games
be incerta.  If the intentio was certa, the con-  themselves, they ured those which gave the sedemnatio  might be either certa or incerta  (Gaius, verest blows.
iv. 50, 51).  In the compilations of Justinian,    The cestus, used in later times in the public
where the expressions incerti actio, incerta actio, games, was, as has been already remarked, a most
incertum judicium  occur, they specially apply to  formidable weapon.  It was frequently covered
the actio praescriptis verbis, which contained an  with knots and nails, and loaded with lead and
incerta intentio and condeminatio.  (ACTIO; Sa-  iron; whence Virgil (Aen. v. 405), in speaking of
vigny, SIsten, &c. vol. v. p. 74.)    [G. L.]    it, says,
CERU'CHI. [NAVs.]Ingenta eptem
KERUX  (Ktcpuv). [CADvCEUS; FETIALIS.]             TC bnmentba n                r       ptea
CE'SSIO BONO'RUM. [BONORUM  CESSIO.]    Tega boum pllmbo insuto ferroque rigebnt.
CE'SSIO  IN  JURE.  [IN JUaE  CrSSiO.]           Statins (Theb. vi. 732) also speaks of nilqrsmtia
CESTRUM.  [PICTURA, No. 6.]                     pltmbo tegmina.  Such weapons in the hands of a,
CESTUS. 1. The thongs or bands of leather, trained boxer, must have frequently occasioned
which were tied round the hands of boxers, in  death.  The  uip'PcKES  were, il fact, sometimes
order to render their blows more powerful.  These  called yvtoTrdpot, or " limb-breakers."  Figures
bands of leather, which were called inVgTres, or  with the cestus frequently occur in ancient monuiEdvTESr T Tc'rKO f, in Greek, were also frequently  ments.  They were of various forms, as appears
tied round the armn as high as the elbow, as is  by the following specimens, taken from  ancient
shown in the following statue of a boxer, the onments,               which  drwings  are given   by
original of which is in the Louvre at Paris.  (See  Fabretti (De Colunln. T'rcj. p. 261).
Clarac, Muesse d, Sculpt. Anlt. et M][od. vol. iii. pl.
327. n. 2042.)
/ V/l2. CESTUS also signified a band or tie of any
kind (Varr. De Re Re Rust. i. 8); but the term wa,
more particularly applied to the zone or girdle of
Venus, on which was represented every thing
that could awaken love. (II. xiv. ~214; Val. Flacc.
vi. 470.)  When Juno wished to win the affections of Jupiter, she borrowed this cestus from
Venus (Ii. 1. c.); and Venus herself employed
it to captivate Mars.  (Mart. vi. 13, xiv. 206,
207.)
(  CETRA, or CAETRA  (Kcaerpea, Ilesych.), a
('4,                 target, i. e. a small round shield, made of the hide
of a quadruped.  (Isid. Orig. xviii. 12; Q. Curt.
iii. 4.)  It was also worn by the people of Spain
(cetratae Hlispaniae cohortes, Caes. B. C. i. 39, 48)
The cestus was used by boxers from the earliest  and Mauritania.  By the latter people it was
times.  When Epcius and Euryalus, in the Iliad  sometimes made from  the skin of the elephant.
(xxiii. 684), prepare themselves for boxing, they  (Strab. xvii. p. 828.)  From  these accounts, mnd
put on their hands thongs made of ox-hide (uadv-  from the distinct assertion of Tacitus (Ayric. 36),ras euT[r7Trovs 3ohbs aypadolo); but it should be  that it was used by the Britons, we may with conrecollected, that the cestus in heroic times appears  fidence identify the cetra with the target of the
to have consisted merely of thongs of leather, and  Scottish Highlanders, of which many specimens of
differed materially from  the frightful weapons, considerable antiquity are still in existence.  It is
loaded with lead and iron, which were used in  seen " covering the left arms" (comp. Virg. Aen.
later times.;  The different kinds of cestus were  vii. 732) of the two accompanying figures, which
called by the Greeks in later times utsAetXat, are copied from  a MS. of Prudentins, probably
ctre7paL Bo3efat, oqapal, and,uLptxlKes: of which  written in this country, and as early as the ninth
the tzuetXXaL gave the  softest blows, and the  century. (Cod. Cotton. Cleop. c. 8.)
tOf,,uWKes the most severe.  The uLeWtiXal, which    It does not appear that the Romans ever wore
were the most ancient, are described by Pausanias  the cetra.  But Livy compares it to the pclla of
(viii. 40. ~ 3) as made of raw  ox-hide cut into  the Greeks and Macedonians, which was also a




270            CHtILCIDICUMI.                                   CH IRISTIA.
I decorations likewise correspond in richness aifd
character with the vestibule of a basilica described
~. 4J   t 7   by Procopius (De Aedsfic. Juslin. i. 10), which is
twice designated by the term XaAIKt.  The vestibule of the basilica at Pompeii is shown upon the
plan on page 199, a.
In another sense the word is used as a synonyme
with  coenzaculm.  "' Scribuntur Dii vestri in
nj @  ~\ \  |I K\)/                     tricliniis coelestibus atque in calolcidicis aureis
coenitare " (Arnobius, p. 149). These words, comII(/+l   /)         &I\ \t11 1lA         pared with Hem. Od. xxiii. 1,
IprI'I-  S'  ElYS UrsEP"p a&VE~raTrO KacTyXeaXwo'a,
and  the  translation  of urep?'ov  by Ausolnims
(Perioch. xiii. Odyss.),
" Chalcidicunz gressu nutrix superabat anili,"
together with the known locality of the ancient
fJ(/                     _).)'  " N-    coenaczila, seem fully to authorise the interpreta-'-     \ 8            tion given.  (Turneb. Advers. xviii. 34; Salnias.
small light shield (cetratos, quos peltastas vocant, in Spart. Pescen.  igt. c. 12.-p. 677.)
xxxi. 36). [PELTA.]                     J. Y.]. Finally, the word seems also to have been used
CHALCEIA (XaXcE7ra), a very ancient festival  in the same sense as maceniansunm, a balcony. (Isid.
celebrated at Athens, which at different times  De Orig.; Reinesins, Var. Led. iii. 5.)  [A. R.1
seems to have had a different character, for at first    CHALCIOI'CIA (XaAKniiKia), an annual fesit was solemnised in honour of Athena, surnamed  tival, with sacrifices, celebrated at Sparta in honour
Ergane, and by the whole people of Athens  of Athena, surnamed XaeNloitcos, i. e. the goddess
whence  it -was called'AO'yaia or Idv~sruosv  of the brazen-house.  (Paus. iii. 17. ~ 3, x. 5. ~ 5;
(Suidas, s. v.; Etymsol. Moagsin.; Eustath. ad II. ii  and Goeller ad Tkocyd. i. 128, &c.)  Young Ine
p. 284, 36.)  At a later period, however, it was   narched ol the occasionin fill armour to the
celebrated only by artisans, especially smiths, and  temple of the goddess; and the eplors, althougl
in honour of Hephaestus, whence its name was  not entering the temple, but remailiing within its
chllanged into XaXKa. (Pollux, vii. 1 05.) It was  sacred precincts, were obliged to take part in the
kept on the 30th day of the month of Pyanepsion. sacrifice.  (Polyb. iv. 35. ~ 2.)         [L. S.]
(Suidas, Harpocrat. Eustath. 1. c.) Menander had    CHALC US (Xascovs), a denomination of Greek
written a comedy called XaXAcea, a fragment of copper-noney.
which is preserved in Athen. xi. p. 502. (Conp.    Bronze or copper (XaXcdos) was very little used
W;eleker, Die Acseyl.   loy. op.   2590.)  [L. S.J    by the Greeks for money in early times.  Silver
CHALCI'DICUM  is merely definedl by Festlus  was originally the universal currency, and copper
(s. v.) as a sort of building (genus oedfciic), so  appears to have been seldom coined till after the
called from  the city of Chalcis, but what sort is  time of Alexander the Grent.  The xaecia rossps
not explained; neither do the inscriptions or the  at Athens issued in B. c. 406 (Scsol. ctd A ristoph.
passages of ancient writers, in which the word oc-  Ross. 737) were a peculiar exception; and they were
curs, give any descriptionfrom which a conclusion  soon afterwards called in, and the silver currency
can be drawn with certainty respecting the form, restored.  (Aristoph. Ecclisiaz. 8315-822; Auuse, and locality of such buildings.               Ruvs.)  It is not improbable, however, that the
Ciahlcidica were certainly appurtenances to some  copper coin called xaTesovs   was  in circulation in
Lbtsilicae (Vitruv. v. 1), in reference to which the  Athens still earlier.  The smallest silver coin at
following attempts at identification  have been  Atheels vas the quarter  obol, and the xaex ocs
sulggested: -  1. A mint attached to the basilica,   a. tlhe half of that, or the eighth of an obol.  Its
from  axAclr  and  sirnl, which, though an ingessious  zvalue was somewhat more than 3-4ths of a farthing.
conjecture, is not supported by sufficient classical It seems to have been used on account of the difauthority.  2. That part of a basilica which lies  ficulty of coining silver in such minute pieces. The
directly in front of the tribune, corresponding to  XaXKOvs in later times was divided into lepta, of
the nave in a modern church, of which it was the  which, accordingtoSuidas(s.vv.TaVTO,'OodXs),
original, where the lawyers stood, and thence  it contaiied seven. There was another coppercoie
termed navis causidicc.  3. An apartment thrown  current  in Greece, called erusuoXor,, of which the
out at the back of a basilica, either on the ground  valtie is not known.  Pollux (iii. 9) also mentions
floor or at the extremity of the upper gallery, in the  scdAAueos as a copper coil of an earlier age; but,
form of a balcony.  4. Internal chambers on each  as Mr. Hussey has remarked, this may have been
side of tile triblune for the convenience of the  a common mlame for seall money; since sciAhuvos
judices, as in tlhe basilica of Pompeii.  5. The  signified generally " changing money," and KoA0
vestibule of a basilica, either in front or rear   Xv*UC-rh'1s,   a money-changer."  In later times,
which interpretation is founded upon an inscription  the obol was coined of copper as well as silver. The
discovered at Pompeii, in the building appropriated  Greet states of Sicily ned Italy had a copper cointo the fullers of clothe (folloniicc):-            age at a very early period [LITRA].  (Hussey,
EUMssAC1isA. L. F. SCERDm. PUB. e   *~Anlcient Weights and M[oney, c. 8; Bicklh, Psltl.
5 5  55 * SlA~~~CinEuM. ~0E~coss. of Athens, p. 592, 2nd ed.; Ueber Gewic/le,
* * *' * ~ C{HALCIDICUaM. CRYPTAMI PORTICUS
"" " ~~ ~s ~ ~3CimTae/ PoRTrcus  M:iisse, &c., pp. 142, 312. &c.)    [P. S.]
e - SUA. PEQUNIA. FECIT. EADEMQUE. DEnDICAVIT.               STI          (fron,    to grant a
CHARFSTIA  (from  xapiojlat, to grant a
By comparing the plan of the building with this  favour or pardon), a Roman feast, to which none
inscription, it is clear that the chalcidicunl men-  but relations and members of the same family were
tioned can only be referred to tile vestibule.  Its  invited, in order that any quarrel or disagreement




CHELIDON)AT.                                     CIRIIOCGRAPH-1UAM.             271
whiels had arisen amongst them  might'be made i Bodromion, the timne when the swalloows retui-ned.
p, amnd a reconciliation effected. It was celebrated  During that scasan boys, called XEALovrlTcai,    went
every year on the 19th of February.  (Ov. Fbcst. ii. from house to house collecting little gifts, ostensibly
617; Val. Max. ii. i. ~ 8; Mart. ix. 55.)  [R.W.]  for the returning swallows (XEAl3osvigSe), and sing.
CHARTA.  [LIBER.]                               ing a song which is still extant. (Athen. viii. p. 360;
CIIEIRONO;MIA  (XEtposoicta), a mimetic  compare Ilgen, Opusc. Phil. i. p. 164, and Eustath.
movement of the hands, which formed a part of ad Odyss. xxi. sub fiz.)  It is said to have been inthe art of dancing among the Greeks and Romans.  troduced by Cleobulus of Lindus, at the same period
The word is also used in a wider sense, both for  when the town was in great distress.  The chelithe art of dancing in general, and for any signs made  donia, which have sometimes been called a feswith  the hands in order to convey ideas.  In  tival, seem  to have been nothing but a peculiar
gymnastics it was applied to the movements of mode of begging, which on the occasion of the rethe hands in pugilistic combat; and it is used in  turn of the swallows was carried on by boys in the
connection with the term (rXLaxaXEsv. (Athen. xiv. manner stated above.  Mitny analogies may still
p. 629. b.; Hesych. vol. ii. p. 1547. Alb.; Hierod. be observed in various countries at the various
vi. 129; Aelian. V. If. xiv. 22; Dion Cass. xxxvi. seasons of the year.                  [L. S.]
13; Pans. vi. 10. ~ 1; Ileliod. Aethiop. iv. p. 73;    CHELYS (XEAUs).  [LYRA.]
Krause, CGymnastik und.Agonistik, vol. i. c. 6.. ~ 33,    CHEME (Xmrdi), a Greek liquid measure, the;
vol. ii. c. 3. ~ 1.)                   [P. S.]    capacity of which (as is the case with most of the
CHEIROTO'NIA  (xelpoerolia). In the Athe- smaller measures) is differently stated by different
nilan assemblies two modes of voting were practised, authorities.  There was a small cheme, which conthe one by pebbles [PSEPHUS], the other by  tained two cochlearia. or two drachmane, and was
a show  of hands (XeLporove'v).  The latter was  the seventy-second part of the cotyle,'0068 of
employed in the election of those magistrates who  a pint English. (Rhem. F1'ann. v. 77.)  The large
were chosen in the public assemblies (&pXatpe-  cheme was to the small in the proportion of 3 to 2.
o-la), and who were hence called XElpoQTO'1Tot, Other sizes of the cheme are mentioned, but they
in voting upon laws, and in some kinds of trials  differ so much that we cannot tell with certainty
on matters which concerned the people, as upon  what they really were. (HIussey, Ancient liVeigjdr,,rpooxali and ea'ayTyEXiea.  We frequently find, &c.; Wurm, De Pond. &c.)                 [P. S.]
however, the word 4tp'cpieoOai used where the    CHENISCUS.  [NAiv s.]
votes were really given by show of hanrlds.  (Lys.    CHEIRNIPS (Xipviun).  [LUsTRATIO.]
c. EratosthL. p. 124. 16. and p. 127. 8. ed. Steph.;    CtIEROSTAE (Xi7pcser'ai).  [-ERES.]
Dem. Olyonth. i. p. 9.)                              CHILIARCH-IUS.  [ExERtcITvs.]
The manner of voting by a show of hands is    CIIIRAMA'XIUM  (from XElp and gleuaea), a
said bySuidas (s.i. KareXEsporTvr'ae') to have been  sort of easy chair or " go-cart," used for invalids
as follows — The herald said: " Whoever thinlks  and children. (Petron. 28.)
that Meidias is guilty, let him  lift up his hand."    CHIRIDO'TA.  [TvNIcA.]
Then those who thought so stretched forth their    CHIRO'GRAPHUM   (Xelpd4Tpa(por), meant
hands.  Then the herald said again: " Whoever  first, as its derivation implies, a hand-writing
thinks that Meidias is not guilty, let him lift up  or autograph. (Cic. Phil. ii. 4.)  In this its simple
his hand;" and those who were of this opinion  sense, XEip in Greek and mosazuZs in Latin are often
stretched forth  their hands.   The number of substituted for it.
hands was counted each time by the herald; and    Like similar words in all languages, it acquired
the president, upon the herald's report, declared  several technical senses.  From its first meaning
on which side the majority voted (avaeyopsveutv 70s was easily derived that of a signature to a will or
Xetporo'iars, Aesch. c. Ctesiphl. ~ 2).            other instrument, especially a note of hand given
It is important to understand clearly the com. by a debtor to his creditor.  In this latter case, it
pounds of this word.  A  vote condemning an  did not constitute the legal obligation (for the
accused person is sca'TaXeppo-osfa: one acquitting  debt might be proved in some other way); it was
him7, aroXeLpoToVia  (Dem. c. Mleid. pp. 516, only a proof of the obligation.
553, 583);   s7rXelpo0roseE' is to confirm  by a ma-    According to Asconius (in Veerr. iii. 36) clirojority of votes (Dem. De C(oron. pp. 235, 261); gcrphllzum, in the sense of a note-of-hand, was disE'srsXepoTovfa c   s'v Voucv was a revision of the  tinguished from sy/scgrpha; the formier was always
laws, which took place at the beginning of every  given for money actually lent, the latter might be
year; EirXelpoTrovta T'-v apXWv was a vote taken  a mere sham agreement (something like a bill of
in the first assembly of each Prytany on the con- accommodation, though with a different object), to
duct of the mnagistrates: in these cases, those who  pay a debt which had never been actually invoted for the confirmation of the law, or for the  curred.   The chiogrol2phnum  was kept by the
continuance in office of the magistrate, were said  creditor, and had only the debtor's signature; the
mrslXespoesos'ev, those on the other side a7r0Xepo0ro-  sIxnyrrcl]pha, on the contrary, was signed and kept
PELy  (Dem. c. Timzocr. p. 706; Harpocrat. and  by both parties.
Suidas s. v. Kuvpa  ctcX-cAsTrcc; Desm. c. Tdeocrisz.    In the Latin of the middle ages (see Diu Fresne,
p. 1330): 3saXstporTovia is a vote for one of s. a.) cilrrograplumz s was nsed_to signify tribute coltwo alternatives (Dem. c. Androtioz. p. 596; c. lected under the sign-mainual of a person in autho-.
Tinoor. p. 707; c. Neaer. p. 1346): a'vTrXelporo-  rity, similar to the briefs and benevolences of
ves',, to vote against a proposition.  The corn- former times in our own country.  It was also
pounds of v1~ji0se-Osa have similar meanings.  used (see Blackstonle, b. ii. c. 20), till very lately,
(Sch 5mann, De Conzitiis Atereniieasiuis, pp. 120, in the English law for an indenture.  Duplicates of
125, 231, 251, 330.)                   [P. S.]    deeds were written on onle piece of parchment, with
CHIELIDO'NIA  (XEA8dlva), a custom  ob-  the word chirograspinzr between them, whichl was
served in the island of Rhodes, in thle month of, cut in two in a straight or wavy line, and the puarts




272             CH1RURGIA.                                       CHIRURGIA.
given to the care of the persons concerned.  By  prevented his attaining any very great perfection,
the Canonists, Blackstone remarks, the word syn- still, we should rather admire his genius, which
grapha or syngraphzus was employed in the same  enabled him to do so much, than blame him beway, and hence gave its name to these kind of cause, with his deficient information, he was able
writings.                             [B. J.]   to do no more.  The scientific skill in reducing
CHIRU'RGIA  (XElpoupyla), surgery.  The  fractures and luxations displayed in his works,
practice of surgery was, for a long time, considered  De Fracturis, De Articulis, excites the admiraby the ancients to be merely a part of a physician's  tion of Jialler (Biblioti. CIsir'eg.), and he was
duty; but as it is now almost universally allowed  most probably the inventor of the anzbe, an old
to be a separate branch of the profession, it will chilrurgical machine for dislocations of the shoulder,
perhaps be more convenient to treat of it under a  which, though now fallen into disuse, for a long
separate head.  It will not be necessary to touch  time enjoyed a great reputation.  In his work De
upon the disputed questions, which is the mnore Capitis  Vulneribus he gives minute directions
ancient, or which is the mnore honourable branch of about the time and mode of using the trephine,
the profession; nor even to try to give such a  and warns the operator against the probability of
definition of the word clsirurgia as would be likely  his being deceived by the sutures of the cranium,
to satisfy both the physicians and surgeons of the  as he confesses happened to himself. (De Molrb.
present day; it will be sufficient to determine the  Vulgar. lib. v. p. 561, ed. Kiihn.)  The author of
sense in which the word was used by the ancients; the Oath, commonly attributed to Hippocrates,
and then, adhering closely to that meaning, to give  binds his pupils not to perform  the operation of
an account of this division of the science and art lithotomy, but to leave it to persons accustomed to
of medicine, as practised among the Greeks and  it (Ep'ydr7o1  &eapdal' 7rptos r7iose); from which
Romans, referring to the article MEDICINA for it would appear as if certain persons confined themfurther particulars.                             selves to particular operations.
The word chirurgia is derived from Xelp the    The names of several persons are preserved who
hand, and Ep-yos a work, and is explained by  practised surgery as well as medicine, in the times
Celsus (De Med. lib. vii. Praefat.) to mean that immediately succeeding those of Hippocrates,; but,
part of medicine quaze zanu curat, "which cures  with the exception of some fragments, inserted in
diseases by means of the hand," in Diogenes the writings of Galen, Oribasius, Aetius, &c., all
Lai'rtius (iii. 85) it is said to cure ala -roV- TE-/,LVc  their writings have perished.  Archagathus deical aileu,, "; by cutting and burning;" nor (as far serves to be mentioned, as he is said to have been
as the writer is aware) is it ever used by ancient the first foreign surgeon that settled at Rome
authors in any other sense.  Omitting the fabulous  B. c. 219.  (Cassius Hemina, caprd Plin. H. AN
and mythological personages, Apollo, Aesculapius, xxix. 6.)  He was at first very well received, the
Chiron, &c., the only certain traditions respecting jzs Q2ziritiums was conferred upon him, a shop was
the state of surgery before the establishment of bought for him at the public expense, and he rethe republics of Greece, and even until the time of ceived the honourable title of Vuleerarives. This,
the Peloponnesian war, are to be found in the  however, on account of his frequent use of the
Iliad and Odyssey.  There it appears that surgery  knife and cautery, was soon changed by the Rowas almost entirely confined to the treatment of mans (who were unused to such a mode of pracwounds; and the imaginary power of enchantment tice) into that of Carczifex.  Asclepiades, who
was joined with the use of topical applications. lived at the beginning of the first century n. c., is
(lt. iii. 218, xi. 515, 828, 843, &c. &c.)  The  said to have been the first person who proposed
Greeks received surgery, together with the other the operation of bronchotomy, though he himself
branches of medicine, from  the Egyptians; and  never performed it (Cael. Aurel. De lsorb. Acnt.
from  some observations made by the men of i. 14. iii. 4); and Ammonius of Alexandria, surscience who accompanied the French expedition to  named AmOo'rdbos, who is supposed to have lived
Egypt in 1798, it appears, that there are docu- rather later, is celebrated in the annals of surgery
meats fully proving that in very remote times this for having been the first to propose and to perform
extraordinary people had made a degree of pro- the operation of Lithzotrity, or breaking a calculus
gress of which few of the moderns have any con- in the bladder, when found to be too large for
ception: upon the ceilings and walls of the temples  safe extraction.  Celsus has minutely described
at Tentyra, Karnack, Luxor, &c., basso-relievos his mode of operating (De Med. vii. 26. ~ 3. p.
are seen, representing limbs that have been cut off 436), which very much resembles that lately inwith instruments very analogous to those which  troduced by Civiale and Heurteloup, and which
are employed at the present day for amputations. proves, that however much credit they may deThe same instruments are again observed in the serve for bringing it again out of oblivion into
]hieroglyphics, and vestiges of other surgical opera- public notice, the praise of having  originally
tions may be traced, which afford convincing proofs thought of it belongs to the ancients.  " A hook,"
of the skill of the ancient Egyptians in this branch  says Celsus, "is to be so insinuated behind the
of medical science.  (Larry, quoted in Cooper's stone as to resist and prevent its recoiling into the
Surg. Diet.)                                    bladder, even when struck; then an iron instruThe earliest remaining surgical writings are  ment is used, of moderate thickness, flattened
those of Hippocrates, who was born B. c. 460, and  towards the end, thin, but blunt; which being
died B. c. 357. Among his reputed works there  placed against the stone, and struck on the further
are ten treatises on this subject, only one of which  end, cleaves it; great care being taken, at the
however is considered undoubtedly genuine. Hip- same time, that neither the bladder itself be inpocrates far surpassed all his predecessors (and  jured by the instrument, nor the fragments of the
indeed most of his successors) in the boldness and  stone fall back into it."  The next surgical writer
success of his operations; and though the scanty  after Hippocrates, whose works are still extant,
knowledge of anatomy possessed in those times  is Cclsus, who lived at the beginning of the first




CHIRURGIA.                                         CI-IIRURGIA                  273
certury A. D., and who has devoted the four last Rome (A. n. 165), he entirely confined himself
books of his work, De Ifedicina, and especially the  to medicine, following as he says himself (De
seventh and eighth, entirely to surgical matters.  l/etl. Mied.. vi. 20), the custom of the place.  His
It appears plainly from reading Cels.as, that since  writings prove, however, that he did not entirely
the time of Hippocrates surgery had made very  abandon surgery.   His Commentaries  on  the
great progress, and had, indeed, reached a high  Treatise of Hippocrates De Qf7cina  Medici, and
degree of perfection.  Hte is the first author who  his, treatise De Fasciis, shows that he was well
gives directions for the operation of lithotomy (De  versed even in the minor details of the art.  He
ifed. vii. 26. ~ 2. p. 432), and the method de- appears also to have been a skilful operator, though
scribed by him  (called the apparatuzs sninor, or no great surgical inventions are attributed to him.
Celszs's method,) continued to be practised till the    Antyllus, who lived some time between Galen
commencement of the sixteenth century.  It was  and Oribasies, is the earliest writer whose direcperformed at Paris, Bordeaux, and other places in  tions for performing bronchotomy are still extant,
France, upon patients of all ages, even as late as a  though the operation (as was stated above) was
hundred and fifty years ago; and a modern author proposed by Asclepiades about three hundred years
(Allan Oz Litlotonzy, p. 12) recommends it always  before.  Only a few fragments of the writings of
to be preferred on boys under fourteen. (Cooper's  Antyllus remainu  and among them  the following
DNiet.  qf Pac.  SY24g., act. Lithotomy.)   He de- passagc  is preserved by Paulus Aegineta (De Re
scribes (vii. 25. ~ 3. p. 428) the operation of In- Med. vi. 33):_-" Our best surgeons have described
tibulatio, which was so commonly performed by the  this operation,  Aiutyllus particularly, thus:'We
ancients upon singers, &c., and is often alluded to  think this practice useless, and not to be attempted
in classical authors.   (See Juv. vi. 73, 379; Senec   where all the arteries and the lungs are affected;
apud Lactant. Divin. rInstit. i. 16; Mart.   p  igr.but b when the inflammation lies chiefly about the
vii. 82. 1, ix. 28. 12, xiv. 215. 1; Tertull. De throat, the chin, and the tonsils which cover the
Coronea Sfil. 11.)  He also describes (vii. 25. ~ 1.  top of the windpipe, and the artery is unaffected,
p. 427) the operation alluded. to by St. Paul (1  this experiment is very rational, to prevent the
Cor. vii. 18) 7r'ep1-esrTqyne vos vr-s escAlO: s/j  e'ir l- danger of suffocation.  When we proceed to perr do 0.  Compare Paulus Aegineta (De Re  form  it, we must cut through some part of the
iled. vi. 53), who transcribes from Anltyllus a se-  windpipe, below the larynx, about the third or
cond method of performing the operation.           fourth ring; for to cut quite through would be
The fi)llowing description, given by Celsus, of dangerous.  This place is the most commodions,
the necessary qualifications of a surgeon, deserves  because it is not covered with any flesh, and beto be quoted: —" A  ssurgeon," says he (lib. vii. cause it has no vessels near it.  Therefore, bendP-aeeft.)' ought to be young, or, at any rate, not ing the head of the patient backward, so that the
very old; his hand should be firn and steady, and  windpipe may comec more forward to the vieWv, we
never shake; he should be able to use his left make a transverse section between two of the
hand with as much dexterity as his right; his rings, so that ill this case not the cartilage, but the
eye-sight should he acute and clear; his mind in-  membrane which iincloses and unites the cartilages
trepid, and so far subject to pity as to make him  together, is divided.  If the operator be a little
desirous of the recovery of his patient, but not fearful, he may first divide the skin, extended by
so far as to suffer himself to be moved by his cries; a hook; then, proceeding to the windpipe, and
he should neither hurry the operation more than  separating the vessels, if any are in the way, he
the case requires, nor cut less than is necessary, must nlake the incision.' Thus far Antyllus, who
buat do every thing just as if the other's screams  thought of this way of cutting, by observing (when
made no inlpression upon him."                     it was, I suppose, cut by chance) that the air
Perhaps the only surgical remark worth quoting  rushed through it with great violence, and that the
from Aretaeus, who lived in the first century A. D., voice was interrupted.  When the danger of suffois that lie condemns the operation of bronchotomny, cation is over, the lips of the wound must be united
and thinks " that the wxound  vould endanger an  by suture, that is, by sewing the skin, and not the
inflammation, cough, and strangling; and that if cartilage; then proper vulnerary medicines are to
the danger of being choked could be avoided by  be applied.  If these do not agglutinate, an incarthis method, yet the parts would not heal, as being  nant must be used.  The same method must be
cartilaginous."  (De leorb. Aeut. Cur. i. 7. p. 227, pursued with those who cut their throat with a
ed. Kiihn.)                                        design of committing suicide." *
Omitting Scribonius Largus, Moschion, and So-    Oribasius, physician to the Emperor Julian (A.D.
ranus, the next author of importance is Caelius  361), professes to be merely a compiler; and
Aurelianus, who is supposed to have lived about though there is in his great work, entitled  ue v'athe beeginning of the second century A. n., and  wycoyal IaspsaI, Collectlr Medicinalia, much surin whose works there is a good deal relating to  gieal matter, there is nothing original.  The same
surgery, though nothing that can be called original. may be said of Ahtius and Alexander Trallianus,
I-Ie rejected as absurd the. operation of bronlcho- both of whom lived towards the end of the sixth
tomy (De ilfori. C.roon. iii. 4). I-le mentions  century A. D, and are not famous for any surgical
a case of ascites that xwas cured by par aceAtesis  inventions.   Paulus Aegineta has given up the
(Ibid. iii. 8), and also a person who recovered  fifth and sixth books of his work, De Re Medira,
after being shot through the lungs by an arrow.
(Ibid. iii. 12.)                                     * This operation appears to have been' very
Galen, the most voluminous and at the same  seldom, if ever, performed by the ancients upon a
time the most valuable medical writer of antiquity,  human being.  Avenzoar (p. 15) tried it uposs a
is less celebrated as a surgeon than as an anatomist  goat, and found it might be done without mucih
and  physician.    He  appears to have  pr:lctised  danger or difficulty; but he says he should not
surgery at Pergamus, but, upon his re:norvld to  like to be, the first person to try it upon a man,
T




274             CHIRURGIA.                                        CHIRURGIA.
entirely to surgery, and has inserted in them  scription of the instruments, and their supposed
much useful matter, the fruits chiefly of his own  uses, from which the following account is chiefly
observation and experience.  He was particularly  abridged.  It will, however, be seen at once, that
celebrated for his skill in midwifery, and female  the form of most of them  is so simple, and their
diseases, and was called on that account, by the  uses so obvious, that very little explanation is
Arabians, AI-Koawabeli, "the Accoucheur," (Abul- necessary.
*pharaj, list. Dynast., p. 181, ed. Pococke).  Two    1, 2. Two probes (specillmn, tycXin) made of iron;
pamphlets were published in 1768 at Gbttingen, the larger six inches long, the smaller four and a
4to. by Rud. Aug. Vogel, entitled De Pauli half.  3. A  cantery  (uravTrpipov) made of iron,
Aeyin2etae Meritis in  Medicinamz, ismprimisque  rather more than four inches long.  4, 5. Two
Csbiruryianz.  Paulus Aegineta lived probably to- lancets (scaipellzum, e/dui[), made of copper, the
wards the end of the seventh century, A. D., and  former two inches and a half long, the other three
is the last of the ancient Greek and Latin medical inches.  It seems doubtful whether they were
writers whose surgical works remain.  The names used for blood-letting, or for opening abscesses,
of several others are recorded, but they are not of &c.  6. A knife, apparently made of copper, the
sufficient eminence to require any notice here. blade of which is two inches and a half long, and
For further information on the subject both of in the broadest part one inch in breadth; the back
medicine and surgery, see MEDICINA; and for the  is straight and thick, and the edge much curved;
legal qualifications, social rank, &c., both of phy- the handle is so short that Savenko thinks it must
sicinans  and surgeons, among the ancient Greeks have been broken.  It is uncertain for what parand Romans, see MEDICus.                         ticular purpose it was used: Kiihn conjectures that
The surgical instruments, from  which the ac- (if it be a surgical instrument at all) it may have
companying engravings are made, were found by a  been made with such a curved edge, and such a
physician of Petersburg, Dr. Savenko, in 1819, at straight thick back, that it might be struck with a
Pompeii, in Via Consularis (Stradac Consulasre), in  hammer, and so amputate fingers, toes, &c.  7.
a house which is supposed to have belonged to a  Another knife, apparently made of copper, the
surgeon.  They are now preserved in the museum  blade of which is of a triangular shape, two inches
at Portici.  The engravings, with an account of long, and in the broadest part eight lines in breadth;
them  by Dr. Savenko, were originally published  the back is straight and one line broad, and this
in the Reveze Medicale for 1821, vol. iii. p. 427, breadth continues all the way to the point, which,
&c. They were afterwards inserted in Froriep's  therefore, is not sharp, but guarded by a sort of
Niotizen aus desn Gebiete der lVcatzr' -d-Heilkunde,  button.  Kiihn thinks it may have been used for
for 1822, vol. ii. n. 26. p. 57, &c.  The plate  enlarging wounds, &c., for which it would be parcontaining these instruments is wanting in the  ticularly fitted by its blunt point and broad back.
copy of the Revue Ai6dicale in the library of the  8. A needle, about three inches long, made of iron.
College of Surgeons, so that the accompanying  9. An elevator (or instrument for raising depressed
figures are copied from the German work, in which  portions of the skull), made of iron, five inches
some of them  appear to be drawn very badly. long, and very much resembling those made use of
Their authenticity was at first doubted by Kiihn
(De Instrum. Clsircsg., Yeteridss cognitis, ct nuper    A
efossis, Lips. 1823, 4to.), who thought they were                                        /
the same that had been described by Bayardi in
his. Catal. Antiq. Monumsaent. Herculani efros., Nap.
1754. fol. n. 236-294; when, however, his dis-             i          /
sertation  was afterwards  republished  (OpuseC.
Acadesm. Med. et PHlilol., Lips. 1827, 1828, 8vo.
vol. ii. p. 309) he acknowledged himself to be completely satisfied on this point, and has given in
the tract referred to, a learned and ingenious dew1328tt~~~~~~___ \\'zmd
in the present day.  10-14. Different kinds of
99         l       l~.   forceps (vulsella).  No. 10 has the two sides separated from  each other, and is five inches long.
No. 11 is also five inches long.  No. 12 is three
inches and a half long.  The sides are narrow at




CHLAMYS.                                          CHLAMYS.                  275
the point of union, and become broader by degrees
towards the other end, where, when closed, they
form a kind of arch.  It should be noticed that it         _                   c 
is furnished with a moveable ring, exactly like the
tenaculum forceps employed at the present day.
No. 13 was used for pulling out hairs by the roots
(rpiXo~afis).  No. 14 is six inches long, and is
bent in the middle.  It was probably used for extracting foreign bodies that had stuck in the oeso-                e     --
phagus (or gullet), or in the bottom  of a wound.
15. A male catheter (aeneafistdia), nine inches in    l,
length.  The shape is remarkable from its having
the double curve like the letter S, which is the
form that was re-invented in the last century by
the celebrated French surgeon, J. L. Petit.  16.'7repVys,  vizgs, and the scarf with these additions
Probably a female catheter, four inches in length. was distinguished by the epithet of Thessalian or
Celsus thus describes both male and female cathe- Macedonian (Etys7m. icaog.), and also lby the name
ters (De lled. vii.26. ~ 1. p. 429) -" The surgeon  of -"AxAS   or Alicelc. [ALICULA.]  Hence the anshould have three male catheters (aeneasfistuclas),  cient geographers compared the form  of the in.
of which the longest should be fifteen, the next habited earth (1 o.oKal dv1iy) to that of a chlaminys.
twelve, and the shortest nine inches in length; (Strabo, ii. 5; Macrobius, De Somlz. Scip. ii.)
and he should have two female catheters, the one    The scarf does not appear to have been much
nine inches long, the other six.  Both sorts should  worn by children, although one was given with its
be a little curved, but especially the male; they  brooch to'iberius Caesar in his infancy.  (Suet.
should be perfectly smooth, and neither too thick  7'ib. 6.)  It was generally assumed on reaching
nor too thin."  17. Supposed by Froriep to be an  adolescence, and was worn by the ephebi from
instrument for extracting teeth (lo,-r'ypa, Pol- about seventeen to twenty years of age. (Philemon,
lux, iv. ~ 181); but Kiihn, with much more pro- p. 367, ed. Meineke; ephebica chlazmnyde, Apuleius,
bability, conjectures it to be an instrument used  llMet. x; Pollux, x. 164.)  It was also worn by the
in anlputating part of an enlarged uvula, and  military, especially of high rank, over their bodyquotes Celsus (De iled. vii. 12. ~ 3. p. 404), armour (Aelian, V. H. xiv. 10; Plaut. Pseud. ii.
who says, that "no  method of operating  is  4. 45, Lipid. iii. 3. 55), and by hunters and tramore convenient than to take hold of the uvula  vellers, more particularly on horseback.  (Plaut.
with the forceps, and then to cut off below it Poeoz. iii. 3. 6, 31.)
as much as is necessary."  18, 19. Probably two    The scarfs worn by youths, by soldiers, and by
spatulae.                         [W'V. A. G.]    hunters, differed in colour and fineness, according
CHITON (XTmciv).  [TUNICA.]                   to their destination, and the age and rank of the
CHITO/NIA  (ytres'va), a festival celebrated  wearer.  The xAauds EpollCi \was probably yelin the Attic town of Chitone in honour of Artemliis, low or saffron-coloured; and the XXaiAsbs o'rpa-Tcosurnamed Chitona or Chitonia.  (Schol. ad Calli- T-rac7, scarlet.  On the other hand, the hunter comlmloc/. I-lynn. in Arlten. 78.)  The Syracusans also  monly went out in a scarf of a dull unconspicuous
celebrated a festival of the same name, and in  colour, as best adapted to escape the notice of wild
honour of the same deity, which was distinguished  animals. (Pollux, v. 18.)  The more ornamental
by a peculiar kind of dance, and a playing onr the  scarfs, being designed for females, were tast:fully
flute.  (Athen. xiv. p. 629; Steph. Byz. s. v. Xi- decorated with a border (liltbus, Virg. Aen. iv.
*Ov~7;.)                              [L. S.]    137; macander, v. 251); and those worn by
CI-ILAINA (XAava).  [LAENA; PALLIUL.]  Phoenicians, Trojans, Phrygians, and otherAsiatics,
CIILAMYS (Xealtus, dimn. XXeaju8Lov), a scarf. were also embroidered, or interwoven with gold.
This term, being Greek, denoted an article of the  (Virg. II. cc.  iii. 483, 484, xi. 775; Ovid, Met.
AMICTUS, or outer raimnent, which was in general v. 51; Val. Flaccus, vi. 228.)  Actors had their
characteristic of the Greeks, and of the Oriental chlamnys ornamented with gold. (Pollux. iv. 116.)
races with which they were connected, although    The usual mode of wearing the scarf was to pass
both in its form and in its application it approached  one of its shorter sides (a, d) round the neck, and
very much to the LACERNA and PALUDAMENTUM  to fasten it by means of a brooch (fibula), either
of the Romans, and was itself to some extent over the breast, in which case it hung down the
adopted by the Romans under the emperors.  It back, reaching to the calves of the legs; or over
was for the most part woollen; and it differed  the right shoulder, so as to cover the left arm, as
from the  zuctd-mov, the usual amictus of the male  is seen in the cut on p. 259, and in the well-known
sex, in these respects, that it was much smaller; example of the Belvidere Apollo.  In other inalso finer, thinner, more variegated in colour, and  stances it was made to depend gracefully from the
more susceptible of orllament.  It moreover dif- left shoulder, of which the bronze Apollo in the
fered in being oblong instead of square, its length  British Museum  (see the annexed woodcut) prebeing generally about twice its breadth.  To the  sents an example; or it was thrown lightly behind
regular oblong ac, 5, c, d (see woodcut), gears were  the back, and passed over either one arm  or
added, either in the form of a right-angled triangle  shoulder, or over both (see the second figure in the
a, e,f; producing the modification a, e,, d, which  last woodcut, taken from Hamilton's Vases, i. 2);
is exemplified in the annexed figure of Mercury; or, lastly, it was laid upon the throat, carried beor of an obtuse-angled triangle a, e, b, producing the  hind the neck, and crossed so as to hang down the
modification a, e, b, c, g, d, which is exemplified in  back, as in the figure of Achilles (p. 196), and
the figure of a youth from the Panathenaic frieze  sometimes its extremities were again brought forin the British Museum.  These goars were called  ward over the arms or shoulders. -In short, the
T 2




276              CILAMYS,                                         CHOREGUS.
(cam/yclyde coccisnea, Lamprid. Al. Sev. 40; compare
i,'   tW           l~Maltt. xxvii. 28, 31).               [J. Y.*1
CHLOEIA  or CHLOIA  (XX0ieLa or XxOld), a
festival celebrated at Athens in honour of Demeter
Chloe, or simply ChloP, whose temple stood near
the Acropolis.  (Hesych. s. v. XXot; Athen. xiv.
p. 618; Sophocl. Oed. Col. 1600, with the Scho-?\!\   /,!'{; Aliast; Paus. i. 22. ~ 3.)  It was solemnized int
spring, on the sixth of Thargelion, when the blossoms began to appear (hence the names XX6d and
X'A.Ea), with the sacrifice of a goat and mullch
hi?,\\,~ ii/iImirth and rejoicing.  (Eupolis, acpud Schol. ad
Soph. Oed Col. Col. 1. c.)           [L. S.]
CHOENIX (xo7vYi), a Greek measure of ca-.      pacity, the size of which is differently given; it
was probably of different sizes in the several states.
remains of ancient art of every description, show   Pollux (iv. 23), Suidas, Cleopatra, and the fragin how high a degree the scarf contributed, by its  merats of Galen (c. 7, 9) make it equal to three
endless diversity of arrangement, to the display of cotyle, or nearly 12 pints English; another fragthe human form in its greatest beauty; and Ovid  merit of Galen (c. 5), and other authorities (Pauchas told us how sensible the ephebi were of its ton, Metrolog. p. 233) nmake it equ-al to four cotylae,
advantages in the account of the care bestowed  or nearly 2 pints English; Rhemnius Fannius (v.
upon this part of his attire by Mercnry.  (l.et. ii. 69), and another fragment of Galen (c. 8) make it
735.)  The aptitude of the scarf to be turned in  eight cotylae, or nearly 4.pints English.  (Wurni,
every possible form around the body, made it use- De Pond. et lIe62s. &c.pp. 132, 142, 199; Hussey,
ful even for defence.  The hunter used to wrap  Ascienet  VeiFhlts, dc. pp. 209, 214..    [P. S.]
hlis chlamys about his left arm when pursuing wild    CHOES (X6Es).  [DoNxYSIt.]
animals, and preparing to fight with them.  (Pol-    CIHORE'GIA.  [CHOREGUS.]
lux v 18; Xen. Cyne/. vi. 17.)  Alcibiades died    CHORE'GUS (Xoprye), one who had to dis
iighting with his scarf rolled round'his left hand  charge the duties of the C/loregiam (Xopyeyta). The
instead of a shield. The annexed woodcut exhibits  Choregia was one of the most expensive of thle ora figure of Neptune armed with the trident in his  dinSry or encyclic littrgies at Athens.  [IJvu-j
right hand, and having a chlamys to protect the  GIA.]  The choregus was appointed by his tribe,
left. It is talten from a medal which was strsuck  though we are not informed according to what
in commemoration of a naval victory obtained by  order.  TJe saine person might serve as choregus
Demetrius Poliorcetes, and was evidently designed  for two tribes at once  (Antiph. (ie Ci/'7re/u,
to express his sense of Neptune's succour in the  p. 768; Dem. c. Lept. p. 467); and after -. c..412
conflict.  When Diana goes to the chase, as she  a decree was passed allowing two persons to unite
and undertake a choregia together.  (Schol. ad
a list. Ran. 406.)  The duties of the choregia
___ g/l ~consisted in providing tile choruses for tragedies
and comedies, the lyric choruses of men and boys,
/'  ];...... ~  the pyrrhicists, the  cyclic  choruses, and  the'I%~~~~ i   X 1 J  L24 /. choruses of flute-pLayers for tlhe dilfferent religious
festivals at Athenls.  W'When a poet intended to
6dY %l  )     bring out a play, he had to get a chorus assigned
him  by the archon [CHORns], who nominated a
choregus to fulfil the  reqlnisite  duties.  The
/     lgzchoregus had in the first place to get the chloreutae.
~-~i    /       \\ i tIn the case of a chorus of boys this was some)^2t Xl   lS   }times a difficult matter, since, in consequence of the
prevalent paederastia of the Greeks, parents were
fiequently. unwilling to suffer their boys to be
choreutae, lest they should be exposed to corrupt —
ing influences during their training.  Solon, with
the view of lessening the dangers to which they
does not require her scarf for purposes of defence, might be exposed, had enacted that choregi should
she draws it from behind over her shoulders, and  be more than forty years of age.  But the law
twists it round her waist, so that the belt of her was by no  means rigidly observed.  (Aesch.
quiver passes across it, as shown in the statues of c. Timarch/. p. 391.) If the boys could be obtained
this goddess in the Vatican (see woodcut).      in no other way, compulsion was allowable. (ArtIt appears from the bas-reliefs on marble vases  tiph. 1. c.)  I-aving procured the choreutae, the
that danlcers took hold of one another by the  choregus had next to provide a trainer for them
chlamys, as the modern Greeks still do by their  (Xopos3,d'caIXo s).  It was of course a matter of
scarfs or handkerchiefs, instead of taking one an- great importance to get a good trainer.  The apother's hands.                                   portionment of the trainers was decided by lot,
Among. the Romans the scarf came more into  that is, as Bockh imagines, the choregi decided by
use under the emperors.  Caligula wore one en- lot in what order they were to select the trainers,
richea with gold.  (Suet. Calig. 19.)  Alexander  which was in fact the mode of proceeding with
Severus, when he was in the country or on an  respect to the flute-player.  (DIem. c. 1Aeeid. p.:expedition, wore a scarf dyed with the coccus  519.)  The choregus had to pay, not only the




CHORIRS.                                           CHORUS.                    277
trainer, but the choreutae themselves, and main-  and  eopwvds.  Others suppose that the earliest
taiil them while they were in training, providing  signification of the word is that of a level, open
theml with such food as was adapted to stresngthen  space, such as would be suited for dancing, and
the voice *; and to provide a suitable training  connect it with Xcbpa and Xipos, so that the later
place (Xeopsqyeov) if he had no place in his own  and ordinary signification of the word woulfd be
house adapted  for the purpose.  (Antiph. 1. c.;  derived from such places being employed for dancAthen. xiv. p. 617,b.; Schol. ad Arist. NTub. 338, ing.  This seems a less likely account of the word
Aichtar. 1154; Plut. de Glor. At/l. p. 349, a; Xen.  than thle other.  If the name Xopoi was given to
de l/elTel. Atlh. i. 13; Poll. iv. 106, ix. 41..) IH-e  such places with refercnee to their use fbr dancinez,
hlad also to provide the clLorus with the requisite  we should still have to look to this latter idea for
dresses, crowns, and masks.  (Dem. c. M2eicl. p. the origin of tie name of the place; if the na-me
519; Athen. iii. p. 103 f.)  It is not to be sup-  was a general one, like Xdpoo, it seems very unposed, however, that the choregus defrtayed the  likely that a body of dancers should derive their
whole expense of the play to be represented.  name from  what is so very little distinctive of
The choregus who was judged to have performed  them, namely their meeting in anl open space.  On
his duties in the best manner received a tripod as  the other hypothesis it is easy to understand how
a prize, the expense of which, however, he had to  a word siglnifling a body of dancers should come
defray himself; and this expense frequently in- to signify the place where they danced, and then,
eluded the building of a cell or chapel in which  more gencrally, any place suited for the purpose.
to dedicate it.  A street at Athens was called the  As regards the usage of the word, in Homer it
Street of the Tripods, from being lined with these. comlllonly nleans a troop of dancers; in the
T'he tribe to which the choregus belonged shared  Odyssey (viii. 260, 264, xii. 4) passages are found
thle honours of the victory witl him, and the names  where it meancs a place for dancing; eupvXopos is
of both were inscribed upon the tripod or monu-  found both in Homer and in later writers as an
nelnt.  (Paus. i. 20. ~ 1; Plat. Gorg. p. 472; epithet of cities having large open squares or places
Plat. Nic. 3.)  The sumns expended by choregi suited forchoral performances.  A comparison with
were doubtless in most cases larger than was abso-  the coiresponding word icaXiXopos shows that the
Iltely necessary.  Aristophanes (Lys. pro Arist. notion of danci/ng must not be lost sight of.  At
hone. pp. 633, 642) spent 5000 drachmlae upon two  Sparta the agora was called XopJs  (Pans. iii. 11.
tragic choruses.  From tlhe same orator wve learn  ~ 9).
that another personl spent 3000 drachmae upon a    In later times, a choric performance always iunsingle tragic chorus; 2000 for a chorus of men; plies tihe singing or musical recitation of a poetical
5000 for a chorus of men on another occasion, composition, accompanied by appropriate dancing
%when, having gained the prize, Ihe had to defray  and gesticulation, or at least by a measured march.
the expense of the tripod; 800 drachmae for a  The choruses that we read of in IHomer?are merely
chorus of pyrrhicists; 300 drachmae for a cyclic  companies of dancers, who move to tile music of.a
chorus.  (Lys. &7roe/. 8cpo3. pp. 698, ed. Reiske.)  song sung by the mlinstrel, who accompanies him.
A chorus of flute-players cost more than a tragic  self on the cithara or phorllinx.  In the palace of
chorus.  (Dem. c. Yieid. p. 565.)  In  times of Alcinous the dancers perform  their evolutions,
public distress, the requisite number of choregi while Dellodocus, to the music of the phorminx,
could not always be procured.  Thus the tribe  sings the loves of Ares and Aphrodite (Od. viii.
Pandionis had furnished no choregus for three  256, &c.).  Inthe chorus represented on the shield
years, till Demosthenes voluntarily undeltook the  of Achilles (I1. xviii. 590, &c.) a band of youths
office. (Dem. c. Mlleid. pp. 578, 579; comp. B6ckh.  and maidens dance, holding each other by the
Peubt. Econ. of'Athens, book iii. c. 22.)  [C. P.M.]  hansd, sometimes in a ring, sometimes in parallel
CHOROBATES, an ilstrument for determining  lines opposite to each other.  In the midst of the
the slope of an aqueduct and the levels of the  dancers are two  VMcOCT71rr1i}peS, or tumblers, who,
country through which it was to pass.  From the  apparently, by their gesticulations direct and leadc
description given of it by Vitruv-i-s, it appears to  of' (t7dpXovres) the measured movements (poX7ri)
have differed but very slightly from  a common  of the dancers.  So in the Homeric hymn to the
carpenter's level, which consists of a straight rule  Pythian Apollo (10, &c.) a company of goddesses
supporting a perpendicular piece, against which  dance, while the Muses sing, and Apollo plays the
hangs a plumb-line.  The chorobates had two per-  cithara.  The part of the IcufveG'rrT7pes is perpendiculars and plumb lines, one at each end, in-  formed by Ares and Hermes, who  gesticulate
stead of a single one in the middle. The derivation  ('raleov-i) in the midst of the dancers.  In the
of the word is from Xdpa and Baivac, from its use  description of the nuptial procession in Hesiod
in surveying land minutely.             [P. S.]    (Slield qf ITerc. 272, &c.) it is not quite clear
CHORUS (Xopds), a word, the original meaning  whether the chorus of youths are singing and dasocand derivation of which are somewhat uncertain.  ing to the sound of the pipe, or playing the pipe
According to Hesychius the word is equivalent to  themselves.  The band of revellers (ic&M/os) who
irimcAos or a-Trdavos.  If so, the word probably  follow both dance and sing..That the' chorus, in
signified originally a company of dancers dancing  the earliest times, consisted of the whole population
in a ring.  Those whio adopt that view  of the  of a city assembled;:for dances and hymns in honour
originl of the word connect it with XJpros, XopCowds, of their guardian god, might be true if the whole
population joined in the dance, but not otherwise,
* The speech of Antiphon, repl Tro  XopeuVroO,  for the term chorls never included the spectators.
was coraposed for a trial which arose out of an       Whether the Dorians were the first who had
action brought by the father of a choreutes against  choruses at festive or religious celebrations, or
the choregus Imder whose charge he was, because  whether Apollo was the deity in connection with
the boy had died from  drinking some mixture  whose worship choruses first made their appeargiven him to improve his voice.              -     ance, are points which, in thie absence of all evi.
3




'278              CHORUS.                                           CHORUS.
dence, are best left undecided.  The war-dances  whence arose the proverb 7rcivra'T  ocTc.  At Catana
of the Curetes in Crete in honour of Zeus, seem to  there was erected to him an octagonal monument
be quite as ancient as any that we know of in  with 8 columns and 8 steps.  (Suidas, s. v.  ncrTA
honour of Apollo.  However dances may have  Oicrc6 and:Trs'riXopos.)
originated, it was natural that, like music and    In all the Dorian states, especially among the
poetry, they should at a very early period be con-  Spartans, these choral performances were cultivated
nected with the worship of the gods; and in that with great assiduity.  Various causes contributed
connection it is certainly true that it was among  to this, as for example, their universal employment
thile Dorians, and connected with the worship of in the worship of Apollo, the fact that they were
Apollo, that the chorus received its earliest de- not confined to the men, but that women also took
velopment, though there does not appear sufficient part in them, and that many of the dances had a
evidence to support the conclusion that the worship  gymnastic character given them, and were emof Apollo existed nowhere without having been  ployed as a mode of training to martial exercises.
introduced by the Dorians.                       [SALTATIO. 1  Hence it arose that the Dorian lyric
The imperfect type of the later chorus appears  poets directed their labours almost entirely to supin the earliest period in the paean, as sung by  ply the demand for songs and hymns to be sung as
a company either sitting still (It. i. 473), or moving  accompaniments to the dances, and that Doric lyric
along with a mecasured step (11. xxii. 391).  In  poetry became almost exclusively choral, which
the Homeric hymn to the Pythian Apollo we have  was not the case with the other great school of
the god himself as leader of the chorus, playing  Greek lyric poetry, the Aeolian; so that the Doric
the phorminx, while the chorus of Cretans-follow  dialect came to be looked upon as the appropriate
him  at a measured pace, and sing the Paean.  dialect for choral compositions, and Doric forms
[PAEAN].  This exhibits the Paean in a some- were retained by the Athenians even in the choral
what later stage of development.  In Homer it compositions which were interwoven with their
appears as a less formal and systematic perform-  dranmas. (Miiller, Dorians, iv. 7. ~ 9.)  Still it is
ance.  Dancing was very early connected with the  not to be supposed that there was no choral poetry
worship of Apollo in Delos (Hymn. Apoll. Del. which was not Doric.  Several Lesbian lyric poems
1. 149, &c.), and in Crete.  (Hesiod. Fr. 94. appear to have had a choral character.  (Miiller,
G-bttI.)  It was in Crete that the mimetic dance, Hist. of Lit. of Greece,  p. 165.)
called Hyporchema, took its origin [HYroRCHEfnA;    The Spartans had various kinds of dances
SALTATIOj, and it was thence also that the sub-  (Mtiller, Dor. iv. 6. ~ 8, &c.); but the three prinsequent innovations upon the staid gravity of the  cipal styles were the Pyrrhic, the Gymnopaedic,
)Paean wvere derived, traces of the origin of which  and the Hyporchematic (Athenaeus, xiv. p. 631,
were preserved in the name of the rhythms and  xv. p. 678), in all of which something of a mimetic
dances. (Muiiler, Dorians, ii. 8. ~ 14.)  To Tha-  character was to be found, but more especially
letas are attributed the most important improve- in the last.  Muller (Lit. of Gr. p. 161) expresses
ments.  He cultivated the art of dancing no less  an opinion that the gymnopaedic style, to which
than that of music, and adapted the evolutions of the edusueXeLa of tragedy corresponded, is not to be
the chorus to the more spirited movements of the  confounded with the dances of the gymnopaedic
Phrygian style of music.  He is said to have com-  festival. The Pyrrhic or war dance (7rpvxls. Homer
posed both paeans and hyporchemes, the latter of calls hoplites rpvAe'es) was made subservient to
which he adapted for the Pyrrhic or war-dance; gymnastic and martial training. Hence the analogy
and from having given them a more artistic form, that may be traced between the construction and
he crine to be regarded by some as the inventor of evolution of the chorus and of the lochus. (MUiller,
them.  (Miiller, Hlistory of thie Literatzure f An-  Dor. iii. 12. ~ 10; Lucian, de Saltat. 7.)  At the
cient G-eece,  p. 160, &c.)  Paeans began to be  Gymnopaedia large choruses of men and boys apsung with an orchestic accompaniment on the part peered, in which great numbers of the citizens
of the chorus, especially at the festival of the  would have to take part. (Muller, Dor. iv. 6. ~ 4.)
Gymnopaedia [GvsMNoPAEDIA], and by degrees  At several of the festivals there were distinct
became scarcely distinguishable from  the hypor-  choruses of boys, men, and old men.  (Plit. Lity
cheme.  (Muller, 1. c. p. 160; Bode, GescL. der cury. 21; Pollux, iv. 107; Mtiller, Dor. iv. 6. ~ 5,
HIellen. Dic/ltk. vol. ii. part i. p. 46.)  That com- Hist. of the Lit of' Gr. p. 194.)  Dances in which
bination of singing and dancing which we find  youths and maidens were intermingled were called
in the choruses of later times, to which the remark  op/zoi. (Lucian, de Sait. 12.) It was in the hyporof Lucian applies (de Salt. 30), 7rdXatm [i' y-p oh chematic dance especially that the chorus both
abTrol cal.dos scal copXoyrno, was probably intro-  sang and danced. (Athen. xiv. p. 631.)
duced by degrees.  It had taken place before the    The instrument commonly used in connection
time of Aleman, who introduced into his choral with the Doric choral poetry was the cithara.  In
compositions an antistrophic character.  A  large  the Pyrrhic dance, however, the flute was ellnumber of these he composed for choruses of vir- ployed.  (Miiller, Dor. iv. 6. ~ 7, Ilist. Cr. Lit.
gins: in some there was a'dialogue between the  p. 161.)  In the hyporchematic performances at
chorus and the poet.  (iiller, I. c. p. 194, &c.) Delos, described by Luciasn (de Salt. 6), both the
In his compositions strophes and antistrophes of cithara and the flute were used.  Archilochus
the same measure usually succeeded each other in  speaks of the flute as an accompaniment to the
indefinite number.  Stesichorus introduced the im- Lesbian paean (ap. Athen. v. p. 180).  It is not,
provement of adding an epode, during which the  therefore, quite correct to say that wherever we
chorus were to stand still, to the strophe and anti- find the flute employed, we have not a proper
strophe.  (Suidas, s. a. T'pia r'Tl~oX6pou; Miiller, chorus but a comus. (Comp. Bode, vol. ii. part i. pp.
1. c. p. 199.)  In the arrangement of his choruses  47, 208.)  Thaletas, who introduced the Phrygian
he seems to have had a great partiality for the  style, probably made use of the flute as well as
octagonal form, or for certain combinations of eight, the cithara.  It was *in connection with the by



CHIORUS.                                           CHORUS.                   279
prclheme that flute music was first introduced into  choreutae attached to them.  There were also prothe worship of Apollo. (Bode, vol. ii. part ii. pp. 13, fessed chorus-trainers, whose services were in re.
16, 17, 33, 34, 244.)  For the,tcioFos, however, quisition when the poet was unable to drill the
which was a mirthful and irregular procession, in  chorus himself, and these often had a body of
which those who took part in it both sang and  choreutae attached to them.  The recitation of
danced (as in the KcCouos part of the marriage pro- Pindar's second Isthmian ode was undertaken in
cession described by Hesiod, Shlicld of Hlerc. 281, this way by Nicesippus, with an Agrigentine
&c.), the flute was the regular instrument.        chorus.  The sixth Olympian ode was undertaken
A great impetus was given to choral poetry by  by Aeneas, a Boeotian, with a trained chorus
its application to the dithyramb.  This ancient which lie brought with him  (Schol. ad Pind.
Bacchanalian performance, the origin of which is Isthms. ii. 6, Olyms2. vi. 148).  Most of Pildar's
at any rate earlier than Archilochus, who in one of epinicia were comus-songs, though not all (Bode,
the fragments of his poetry, says that " he knows  ii. 2. p. 255 —257), and the comuses which sang
how to lead off the dithyramb, the beautiful song  them  must frequently have been of a somewhat
of Dionysus, when his mind is inflamed with wine"  artificial construction.
(Athen. xiv. p. 628), seems to have been a hymn    Respecting the mode in which tragedy was desting by one or more of a CcfAxos, or irregular band  veloped from the dithyramb, and the functions of
of revellers, to the music of the flute.  Arion was the chorus in tragedy, the reader is referred to
the first who gave a regular choral, or antistrophic  the article TRAC nOEDIA.
form  to the dithyramb.  This improvement was    From the time of Sophocles onwards the regular
introduced at Corinth. (Herod. i. 24; Pindar, 01. number of the chorus in a tragedy was 15. (Schol.
xiii. 18 or 25, with the notes of the commenta- ad Aristoph. Equit. 586, Av. 298; Pollux, iv.
tars.)   The choruses, which ordinarily consisted  108.)  The account given by Suidas (s. v. 00poof fifty men or youths (Simonides, Epigr. 58, Br.; icXQs), that Sophocles raised the number from
Tzetzes, proleg. ad Lycoplhr. vol. i. p. 251, ed.  12 to 15 is deserving of attention, though there are
MUiiller), danced in a ring round the altar of great difficulties connected with it.  Pollux (iv.
Dionysus. Hence they were termed cyclic choruses  110) has an absurd story that the number of the
(ticicXeoL Xopoi), and dithyramlbic poets were ui-  chorus was 50 before the representation of the Euderstood by the term Kv XloewL de.Kaemo. This also  menides of Aeschylus, and that the number was
explains the name Cycleus, given to the father of then reduced by a law on account of the terror proArion (Milller, lfist. Gr. Lit. p. 204).  With the  duced by the appearance of the 50 Eumenides. It
introduction of a regular choral character, Arion  seems scarcely possible to arrive at any definite conalso substituted the cithara for the flute.  The  clhsion with regard to the number of the chorus in
statement that he was the inventor of the trayic  the early dramas of Aeschylus.  The fact that the
style (m-paylrcbs 7rp7ros), means probably that he  number of the dithyrambic chorus was 50, and
introduced  dithyrambs  of a gloomy character, that the mythological number of the Oceanides
having for their subject the sorrows of Dionysus, and Danaides was the same, tempts one to suppose
as well as the more gay and joyous song (Miller, that the chorus in the Prometheus and the SupI.c. pp. 204, 290). Arionis also said to have been  plices consisted of 50.  MIost writers, however,
the first to introduce into these choruses satyrs  agree in thinking that such a number was too
speaking in verse.  Lasus, of Hermione, gave a  large to have been employed (Welcker, Aesccyl.
freer form to the dithyramb, by divesting it of its  T.ilogie, p. 27, &c.; Hermann, Dissert. de Choro
antistrophic character, and set the example of in- Eunzsess. i. and ii. Opusc. vol. ii.)  M/iiller (Distroducing the dithyrambic style into compositions  sertations  on thle Eszztenices of AescIylus, 1. A.;
not immediately connected with the worship of Hlist. of Gr. Lit. p. 300) propounds the theory
Dionysus.  IIe also united with the representation  that the dithyrambic chorus of 50, when transof thle dithyramb taunting jests.  It was through  ferred to tragedy, was reduced to 48, and that a
him  that dithbyrambic contests were introduced  chorus of that number was assigned to the poet
at Athens, at which the prize for the successful for four plays, the trilogy and the satyric drama,
poet was a tripes, and for the chorus a bull. (See  and was subdivided into sections of 12, each of
the epitaph on Simonides, Ainthol. Pal. vi. 213,  which was the chorus for one play.  In support
Fr. p. 190, ed. Jacobs; Schol. ad Aristoph. Ran. of this he endeavours to point out instances of
360, Vesp. 1403.)  The dance of the cyclic chorus  choruses of this number being found in Aeschylus,
was the Dionysiac variety of the Pyrrhic (Aris-  as that in the Agamemnon, which re-appears as
toph. Av. 153; Athen. xiv. p. 631,a.).  In the  the Areopagites in the Eumenides, and that ill
time of Simonides, through the innovations of La- the Persae.  But the insufficiency of the evidence
sus, Crexus, Phrynis, and others, the citharoedic  brought forward to establish this has been satischaracter which Arion had given to the dithy-  factorily pointed out by Hermann in his review of
ramb had passed into the auloedic.  As the di-  Miiller's edition of the Eumenides (Opusc. vol.
thyramb lost its antistrophic character, it became  vi.). The idea that the chorus of the Eumenides conmore and more thoroughly mimetic or dramatic, sisted of three (Blomfield, Psaef: ad Aescl/. Poes.),
and as its performance required more than ordinary  has met with very little favour among German
skill, dithyrambs came to be performed by ama-  scholars, though the arguments brought against it
temurs (Aristot. Prohl. xv. 9, Rcet. iii. 9; Plut. de  are not all of the most convincing kind, and it is
i{las. 29. p. 1141,b.; Proclus, ap. Phot. cod. 239. to be borne in misid that the introduction of the
p. 320, ed. Bekker; Bode, ii. part ii. p. 312, &c.)  Areopagites, &c. into the play, would render the
For ordinary choruses the universal culture of music  fewness of such a chorus less striking than would
and dancing would make it no difficult matter to  otherwise have been the case.  The later chorus
find a chorus.  Wealthy men or tyrants no doubt of 15 was the only one that the grammarians
maintained choreutae, as they maintained poets  knew  any thing about.  It was arranged in a
and musicians.  Poets of distinction would have  quadrangular form (Trerpvpayos -Etym. Magn. s. v.




280                 CHORUS.                                           CIlRONOLOGIA.
Tpayyo8a; Villoison's Anecdota, ii. p. 178), in rank  lhe had to apply for a chorus (Xopbv aT5eYv) to the
((,vya)   and file (-rrXot, a'rotXos).  It entered  archons, to the k il  archon if the.play was to be
th~i theatre by the passage to the right of the  brought forward  at the Lenaea, to the  archon
spectators [THE.ATaUiM].  When it entered three  eponymus if at the great Dionysia.  If the play
iabreast it was said to come in KaTae'  vUya, when  were thought to deserve it, he received a chorus
five abreast, scara eTo'Xovs (Pollux, iv. 108).:Its  (xoqpbv Xaea.veYb), the exCpenses of whllich were
entrance was termed 7rdposos; its leaving the stage  borne by a choregus  [CHOREGUS].  The  poet
in the  course of the play t.ET rd''aLs; its re-  then either trained (31aodesYw) the chorus hiimself,
entrance  &irdrposos; its exit aPoBdos.  (In the  which Aeschylus often did (Athen. i. p. 21), or
Eumenides the  chorus entered  in  an  irregular  entrusted that bhsainess to a professed chorus trainer
manner  ur7op~p7v.)  As it entered in three lines,  (XoporSl'EscaXos), who.usually had an assistsnt
with the spectators on its left, the staoe on its  ((v7'oelrraucanXos,  Pollux, iv. 106).  For training
right, the middle choreutes of the left row ('rpiTos  the chorus in its evolutions there was also an
aprrTEpov) was the Coryphaeus or Hegemon, who  3pX,7ir'roisdo-caXos.  The chorus in comedies at
in early times at least was not unfrequentl.the  first:consisted  of amateurs  (ioeeovsat,  Arist.
choragus himself.  (Athen. xiv. p. 633;  Snid.  Poit. 5).                                    [C. P. AM.]
s. v. Xopayos.)  When they had taken their sta-    CHOUS (XoECS, Xo30), a Greek liquid measure
tions in this order, the row nearest to the specta-  which is stated by all the authorities to be equal
tors bore the name &aplo'Epo0rTaT'ra,   that towre'ds  to the Roman congius, and to contain six 4E'rLa
the stage 3esosITa'Tas, and thie   iddle row Xavpoo-  or.sextarii, nearly 6.pints English.  Suidas alole
TraTa.  The choreutac at the ends, farthest from   makes a distinction between the Xovs and the
the Coryphaeus, w;ere crsled tcpaosrererai.   These  Xoens, making the former equal to two sextarii,
places were also  called  vrosoiXxrsov'TO   XOPOV. and the latter equal to six.  Now  when we re(Pollux, ii. 161, iv. 107; Photius, p. 210, ed. member that the XoVs was commonly used as a
Bekker; Plut. VSy7p. v. 5. p. 678, d.; Hes-chl.   cinking vessel at Athenian enterttinments (Aris. vv.)  Mililler  crannges thens so that thle Cory-  stoph. AemarCns. v. 1086) that on the day of the
plbaeus stands upon the Thymele, or at least upon   d oes [DIIONrSIA], a prize was given to the person
the steps of it (Eumen. Dissert.), and so conversed  who first drank off his Xois, and that Milo of
with the actors over the heads of the chorus.  I-l-  Croton is said to have drunk three Xods of wine
marn (Rev. of Afuller's Euaten. Opusc. vol. vi. at a draught, it is incredible that in these cases
p. 143, &c.) denies this, and infers from the ac- the large 3ous Ilmentioned abo.ve.could be meant.
counts of Vitruvius and'other ancient authorities  It seems, therefore, probable that there was also a
that the.chorus took its station and performed its  smaller measure of the same name, containing, as
evolutions upon a olatform one aor two feet lo-%er  Suidas states, two sextarii, or nearly 2 pints Enogthan the stage, and reaching fioom the stagoe to the Iish.  At first it was most likely the commison
Thymele which stood in the niiddle of the elntire  srune for a drinking vessel.  According to Crates
space called tcoviwTpa.  On the steps of the Tby-  (Ap). tloens. xi. p. 496), the xois had originally a
mele, and therefore below thle PpX-irr~Tpa, proDperly  similar forin to the Panathenaic amphorae, and was
so called, were stationed the  asusicias ao1C[ cer-  also called sreAsiKl.  (Pollux. x. 73; Wurisi, De
train police-officers to lkeep order.  Of course the  Poeld. 2 o1ens. &c, pp. 127, 136, 141., 19.8; Husse%,
positions first taken up by the cllhoreute were only  Alncient iVeiqlets, &c. p. 211-213.)      [P. S.]
retained till they comsulelced their evolutions.'To    CHREOUS  DIKE  (.Xp'ovs   icrl), a sisisple
guide them  in these, lines were mnarked upon the  action for debt, was, like most of the other cases
boards with which the orchestra wvas floored. The  arising upon an alleged breach of contract, referred
flute as well as the cithara w:as used as an acco11-  to the jurisdiction of the thesmothetae, when the
paniment to the choric songs.  The dance of the  st  in  qulestion amounted  to mlore  than  ten
tragic chorus was called EuueAsELa, answvering to  drachinae.  If otherwise, it fell under the cogllithe: gymnopaedic dance of the Doriasn choruses  zance of those itinerant magistrates, who were
(Athen. I. c.).                                       originally thirty in number, and styled accordingly
The ordinary number of the chorus inl a conledy  of TrprtJcovTa: but afterwards, in consequen.ce of
was 24 (Schol. ad. Arist. Av. 298, Ac.      210 the odi    attching to this  ae, which  had also
Eqmuit. 586; Pollux, iv. 109; Tzetzes, prileg. acd  served to designate the oligarchic tyraLnts, received
Lycoplhr. p. 1).  Like the tragic chorus it wvas  an accession of ten colleagues and a correspocndinrf
arranged in a quadrangular form, and entered the  lchange of title.  (Pollux, viii. 1.00.)  If the cause
orchestra from  opposite sides, according as it was  could be classed among the./-e?siot o&tcai, its, for
supposed to  come  from  the  city  or from  the  instance, when the debt arose upon a mercantile
country.  It consisted sometimles half of male and  transaction, the thesmothetae would  still hasve
half of female choreutae.  It seemns to be a mis- jurisdiction in it, though one of the parties to tihe
iake of the scholiast on Aristophanes (Epzit. 1. suit were an alien, otherwise it seems that wlheIl
586) that in such cases the former were 13, the  such a person was the defendant, it wvas broueght
latter 11 in number.  At least in the Bi'rds of into the  court of the polemarch.  (Meier, Ait.
Aristophanes the chorus consists of 12 male and  Proc. p. 55.)   If the  cause were treated as a
12 female birds. (297-304.)  The dance of the  8ic,-1'E/.trop,', a.s above mentioned, the plaintiff
comic chorus was the  cdpSae, which  ansowered  would forfeit a sixth part of the sum  contestcd,
to the HIyporchematic style of the Doric chorus.  upon failing to obtain the votes ef one-fifth of the
In the Satyric drama the chorus consisted of Sa-  dicasts (Sauid. s. v.'E7rweAXia);.but we are not
tyrs.  Of how many it consisted cannot be deter-  informed whether this regulation vwas applicable,,mined with any certainty.  Its dance was called  under similar circumstances, in all prosecutions for'lcrs, ps.,  It answered to the Pyrrhic. (Athen. i.  debt.  The speech of Demosthenes against Tinmop. 20, xiv. p. 63.0.)                                 theus was mnade in a cause of this kind. [J. S. A.]
When a poeet intended to bring forward a play,    CHRONOLO'GIA (Xpovaoxyte), is the science




CHRIONOLOGIA.                                      CHRONOLOGIA.                   281'by which time is measured according to the courses  the Olympiads actually elapsed, that is, 86, mubl
of the stars, and more especially of the sun anld  tiply it by 4, and deduct the number obtained
moon; but in the more limited sense in which  fions 776, so that the first year of the 87th Oi.
*we have to treat of chronology here, it is a part  will be the. same as the year 432 B. c.  If the
of history, and teaches us to assign each historical number of Olympiads amounts to more than 776
event to the date to which it belongs. The reduc-  years, that is, if the Olympiad falls after the birth
tion of ally given date in antiquity to the cor-  of Christ, the process is the same as before, but
responding year, month, or day, in our modern  from the sum  obtained by multiplying the Olylncomputation of time, is sometimes a matter of piads by 4, we must deduct the number 776, and
great difficulty, and often of absolute impossi-  what remains is the number of the years after
bility; for nearly all the nations of antiquity be-  Christ.  This calculation according to Olyipiads,
gan their year at a different time, some used solar  however, does not seem to have been ever applied
and other lunar years, and others again a con-  to the ordinary business of life, but to have been
bination of the two; nearly all, moreover, had  confined to literature, and more especially to hisdifferent eras, that is, points of time from which  tory.  Some writers also adopted the Trojan era,
subsequent and preceding years are counted; and  the fall of Troy being placed by Eratosthenes and
in addition to this there occur a great many  those who adopted this era, in the year n. c. 11 84.
changes and fluctuations in one and the samne  After the time of Alexander the Great, several
nation; and the historians whose works have come  other eras were introduced in the kingdoms that
down to us, are not always very precise in marlk- arose out of his empire. The first was the Philiping the time to which the events belong, so that pic era, sometimes also called the era of Alexander
we must have recourse to all manner of comlbina- or the era of Edessa; it began on the 12th of Notions, or are left to conjectures.                 veomber a. c. 324, the date of the accession of
For the manner in which the Greeks and Ro-  Philip Arrhidaeus. The second was the era of the
asins calculated their years and months we refer Seleucidae, beginning on the Ist of October a. c.
to the article CALENnDARIue, and we shall here  312, the date of the victory of Seleucus Nicator at
confine ourselves to an account of the manner in  Gaza, and of his re-conqluest of Babylonia.  This
which those nations calculated and stated the  era was used very extensively in the East.  The
events of their history.  The Greeks reckoned  Chaldaean era differed from it only by six months,
their years generally according to their magis-  beginning in the spring of B.c. 311.  Lastly, the
trates, in the early times according to the years of eras of Antioch, of which there were three, but
the reign of their kings, alnd afterwards according  the one most commonly used began in Novermto their annual magistrates. At Athens the year was  ber s. c. 49.  In Europe none was so generally
called by the namlle of one of the nine archons, who  adopted, at least in literature, as the era of the
ftomn this circumstance was called ipXwv  sroCvvgos  Olympiads; and as the Olympic games were celeor the archon- par excellence; and at Sparta the  brated 293 times, we have 293 Olympic cycles,
years were called after one of the five ephors, whlo   that is, 1172 years, 776 of which fall before, and
for this reason was likewise termed Ereir,26uos.  396 after Christ.  But when the Greeks adopted
(Thucyd. ii. 2; Xenoph. Anab. ii. 3. ~ 10; Polyb.  Christianity, they probably ceased to reckon by
xii. 1]2; Paus. iii. 11. ~ 2.)  But the years of the  Olympiads, and aldopted -the Julian year. (CorAtheliail archons and the Spartan ephors, coin- sini, Fasti Attici, Florence, 1744-56, 4 yols. 4to.;
ciding with the civil year in those states, did not Ideler, Handbuch der nmatileml. esid tecAlzisc7h. C/11'r.
coincide with each other, for the ephors entered  nol. Berlin, 1825, 2 vols. 8-o.; Clinton, b;'asli lclulpon their office in the Attic month of Boddro- lenici, Oxford, 1830 —1834, 3 vols. 8vo.)
mion, while the archons originally entered upon    The Romans in the earliest times counted their
theirs in the beginning of Gamlelion, and ever  years by their highest magistrates, and from tihe;since the year B. c. 490, at the beginning of lie- timle of the republic according to their consuls,
catombaeo.n. In Argos time was counted accord-  whose namnes were registered in the Fasti.  This
ing to the years of the high priestess of Hera, who  era, which may be termed the aera consuslalris,
held her office for life (1,peTcoS; Thucyd. ii. 2;  however did not begin at all times at the same
Suid. s. v.'Hpeo'LSs); and the inhabitants of Elis  point, for in the earliest times of the republic, the
probably reckoned according to the Olympic games, consuls entered upon their office on the calendne;vwhich were celebrated every fifth year during-the  of Sextilis, at the time of the decemvirate on the
first full moon which followed after the summer  ides of May, afterwards on the ides of December,
solstice. In this manner every Greek state or city  and at a still later time on the ides of March,
calculated time according to its own peculiar or local until in B. c. 153 the consuls began regularly to enter
era, and there was no era which was used by all upon their office on the 1st of January. This conthe Greeks in common for the ordinary purposes of stant shifting was undoubtedly one of the causes
life.  Historians, therefore, down to the middle of that produced the confusion hi the consular era, of
the third century B. c., frequently made use of the  which Livy (ii. 18, 21, &c.) complains.  The coinaverage age attained by men, in order to fix the  sular era was the one commonly used by the
time in a manner intelligible to all Greeks.  The  Romans for all practical purposes, the date of an
average age attained by inan (yEyedi, acetas), is  event being marked by the names of the consuls,
calculated by Herodotus (vi. 98) at 33- years. in whose year of office it had happened.  But
Timaeus, who flourished about B. c. 260, was the  along with this era there existed another, whici
first historian who counted the years by Olyvn- as it was never introduced into the affairs of comlpiads, each of which contained four years.  The  mon life, and was used only by the historians,
beginning of the Olympiads is commonly fixed in  may be termed the historical era. It reckoned the
the year 3938 of the Julian period, or in B. c. 776. years from the foundation of the city (ab urbe conIf we want to reduce any given Olympiad to years dita); bhut the year of the foundation of the city
before Christ, e. g. 01. 87, we take the number of was a cquestion of uncertainty among the Romans




282              CHTHONIA.                                             CIPPUS.
themselves.  M. Terentius Varro placed it on the  strings an untamed heifer just taken from the herd,
21st of April in the third year of the 6th Olym-  and drag it into the temple, where four old wonmen
piad, thatis, B. c. 753. (Plut. Romn. 122; Dionys. perform  the sacrifice, one of them  cutting the
i. 88; Cic. De Div. ii. 47; Vell. Pat. i. 8; Cen-  animal's throat with a scythe.  The doors of the
sorin. De Die Nat. 17.) This era was adopted by  temple, which during this sacrifice had been shut,
Velleius Paterculus, Pliny, Tacitus, A. Gellius,  are thrown open, and persons especially appointed
Dion Cassius, Eutropius, and others.  Next to  for the purpose, lead in a second heifer, then a
the Varronian era, the most celebrated was that  third and a fourth, all of which are sacrificed by
of M. Porcius Cato, who placed the foundation of the matrons in the manner described.  A curious
Rome in the first year of the 7th Olympiad, or  circumstance in this solemnity is, that all the
in the spring of B. c. 752. (Dionys. i. 74; Syncell.  heifers must fall on the same side on which the
(Cseonog. p. 194, a.)  The date fixed upon in the  first fell."  The splendour and rich offerings of
aera Cipitolina (so called from  the Fasti Capi-  this festival are also mentioned by Aelian (Hist.
tolini), by Polybius (Dionys. I. c.; Cic. De Rep.  Animal. xi. 4), who, however, makes no mention
ii. 10) and Cornelius Nepos, was one year later; of the matrons of whom  Pausanias speaks, but
Q. Fabius Pictor placed the foundation in the first says that the sacrifice of the heifers was performed
year of the 8th Olympiad, i. e. 747 B. C. (Dionys.  by the priestess of Demeter.
1. c.), and Cincins Alimentus even placed it in the    The Lacedaemonians adopted the worship of
fourth year of the 12th Olympiad, i. e. B. c. 729. Demeter Chthonia from  the Hermioneans, some of
E1nnius, on the other hand, placed the building of whose kinsmen had settled in Messenia (Paus. iii.
Rome about 100 or 110 years earlier than most 14. ~ 5); hence we may infer that they celebrated
other writers (Varro, De Re Ruest. iii. 1); and  either the same festival as that of the Hermioneans,
Timaeus went so far as to regard the foundation  or one similar to it.                     [L. S.]
of Rome contemporaneous with that of Carthage,    CHYTRA (X'r-pa).  [OLLA.]
placing it 38 years before the first Olympiad.    CI'DARIS.  [TIARA.]
But no reliance can be placed on any of these    CILI'CIIIM  (8'Pis), a hair-cloth. The matestatements; as however it is necessary to have one  rial of which the Greeks and Romans almost
point to start from, the Varronian era has been  universally made this kind of cloth, was the hair
most commonly adopted by modern writers. (Comp. of goats.  The Asiatics made it of camel's-hair.
Fischer. Ronische Zeittefeln, p. 4, &c.)  [L. S.]    Goats were bred for this purpose in the greatest
CHRYSE'NDETA, costly chased dishes used  abundance, and with the longest hair, in Cilicia;
by the Romans at their entertainments.  They are  and from  this country the Latin I. me of such
mentioned several times by Martial (ii. 43, 11, vi. clothl was derived.  Lycia, Phrygia, Spain, and
~94, xiv. 97), and from the epithetflcvce which he  Libya also produced the same article.  The cloth
applies to them. as well as fiom the etymology  obtained by spinning and weaving goat's-hair was
of the name, they appear to have been of silver, nearly black, and was used for the coarse habits
with golden ornaments. Cicero (Verr. iv. 21-23)  which sailors and fishermen wore, as it was the
mentions vessels of this kind.  He calls their  least subject to be destroyed by being wet; also
golden ornaments in general sigillC, but again dis-  for horse-cloths, tents, sacks, and bags to hold
tinguishes them as crustae and emnble7smat (c. 23); wrorkmen's tools (fabcrilia vasac), and for the purthe former were probably  embossed figures or pose of covering military engines and the wvalls
chasings fixed on to the silver, so that they could  and towns of besieged cities, so as to deaden the
be removed and transferred to other vessels, and  force of the ram, and to preserve the woodwork
the latter inlaid or wrought into it (comp. c. 24:  from being set on fire.  (Aristot. Hist. Anise. viii.
lIla, ex patellis et teurizlis quase ellerat, ita scite in  28; Aelian, xvi. 30; Varr. De Re Rust. ii. 11;
aezreis poczulis illigabat, ita acpte in scyplhis aereis Virg. Georg. iii. 312; Avien. Orea Mar.- 218includebat, &c.).  The embossed wvork appears to  221; Veget. Ars Vet. i. 42.)            [J. Y.]
be referred to by Paullllus (cy7bia c aqenteis crustis    CINCTUS GABI'NUS.  [ToGA.]
ill-igata, Dig. 34. tit. 2. s. 33), and the inlaid orna-    CI'NGULUM.  [ZoNA.]
nients by Seneca (argentean, in quod solidi auri    CINERA'RIUS.  [CaLanISTRUM.]
caelatu'va  descenderit, Ep. v.).  [Comp. CAELA-    CI'NERES.  [FUNJus.]
TUnA.]                                 [P. S.]       CI'NIFLO.  [CALAMISTRUM.]
CRYSOA'SPIDES.  [ARGYvaASPIDES.]                   CIPPUS.  1. A low column, sometimes round,
CHRYSOUS (XpuoOS).  [AuRUM.]                  but more frequently rectangular, used as a seCHTHO'NIA  (XOdiva), a festival celebrated  pulchral monument.  (Pers. Sat. i. 36.)  Several
at Ilermione in honour of Demeter, surnamed  of such cippi are in the Townly collection in the
Chthonia.  The following is the description of it British Museum, one of which is given in the
given by Pausanias (ii. 35. ~ 4, &c.):- " The in-  woodcut annexed.  The inscription is to the mechabitants of Herinione celebrate the  Chthonia  mory of Viria Primitiva, the wife of Lucius Virius
every year, in sullmner, in this manner:- They  Helits, who died at the age of eighteen years, one
form a procession, headed by the priests and ma- month, and twenty-four days.  Below the tablet,
gistrates of the year, who are followed by men  a festoon of fruits and flowers is suspended from
and women.  Even for children it is customary to  two rams' heads at the corners; and at the lowver
pay homage to the goddess by joining the proces-  corners are two sphinxes, with a head of Pan in
sion.  They wear white garments, and on their  the area between them.  On several cippi we find
heads they have chaplets of flowers, which they  the letters S. T. T. L., that is, Sit tili terra levis,
call icooeatooedavaXot, which, however, from  their  whence Persius, in the passage already referred
size and colour, as well as from  the letters in- to, says, Non levior cipaus scune inzpriceit ossa.  Tt
scribed on them recording the premature death of was also usual to place on the cippus the extent of
H-yacinthus, seem to me to be hyacinths.  Behind  the burying-ground both  alon, the  road (ice;he procession there follow  persons leading by foonte), and backwards to the field (in agrcino).




CIRCINITS.                                           CIRCUS.                   203
and  likewise  the  inscription hoc sonioennentsn   posed this instrument to have been invented by
leredes non sequitur'; in order that it might not  Perldix, who was the nephew of Daedalus, and
pass over to the heredes and be sold by them  at through envy thrown by him over the precipice of
the Athenian acropolis.  (Ovid, let. viii. 241251.)  Compasses of various forms were discovered
_________   ____  _          min a statuary's house at Pompeii.      [J. Y.]
CIRCITO'RES.  [CASTRA.]
[(rV~"'  r' ~2               ~      CIRCUMLI'TIO.  [PICTURA.]
V I. f, R1 AE                -5           CIRCUMLU'VIO.  [ALLuVIO.]
PR IMITI VA&                        CIRCUITO'RES.  [CAsTRA.]
V ANN1XVi        jI              CIRCUS  (rwLU Opofos), a place for chariotMEI  SI'DlhEXXIV          )            races and horse-races, and in which the Roman
VI RI  ELIVS                      races (Cieses Leldi) took place.  When Tar193~At l,, ro V    C      i. D   L          quinius Priscus had taken the town of Apiolao
firom  the Latins, as related in the early Roman
legends, he commemorated his success by an exhibition  of races and pugilistic contests in the
2/,~ Q,.,.Murcian valley, between the Palatine and Aventine hills; around which a number of temporary
platforms were erected by the patres and equites,
called spectaccla, fbri, or fbrzli, from  their resemaj   -,                    blance to the deck of a ship; each one raising a
stage for himself, upon which he stood to view the
games.  (Liv. i. 35; Festus. s. v. Forum; Dionys.
iii. p. 192, &c.)  This course, wit its surrounding
scaffoldings, was termed circus; either because the
spectators stood round to see the shows, or because
the procession and races went round in a circuit.
(Varr. De Ling. Lat. v. 153, 154, ed. MUiller.)
any time.  (HI-or. Set. i. 8. 12, 13; Orelli, Isc-i.  Previously, however, to the death of Tarquin, a
permanent building was constructed for the pur~No. 43 7 9, 4557, &c.)               pose, with regular tiers of seats in the form of a
2. A boundary-stone set up by the Agrimensores   s
tov mlark th    ivsos  flndtheatre.   (Compare Liv. and Dionys. ll. cc.)   To
to mark the divisions  of lands.  (Scriotoses Rei this the name of Circus Maximnus was subsequently
A3r. p. 88, ed. Goesius.)         of the trunks  given, as a distinction fiom  the Flaminian and
3. treesA  litary entrenchment made. of'r unkII3)  other similar buildings, which it surpassed in extrees and palisades. (CCs. B..tent and splendour; and hence, like the Campus
CI'RCINUS (1aic7fss), Ka compCass. The com-  Martius, it is often spoken of as the Circus, without
pass used by statuaries, architects, masons, and  any distinguishing epithet.
carssenters, is often represented o b the tomlbs of    Of the Circus Maximus scarcely a vestige now
carpenters, is often  represented on the  0ombs of remains, beyond the palpable evidence of the site
such artificers, together with the other instruments  it occupied, and the papable e   of rubble-work  sit
of their profession or trade.  The annexed wood-t ccupied,   which may be seen under the walls
cut is copied from a tomb found at Rome. (Gruter, cirof sor form, w hich my be seen  erhi, and wls
Corp. Inscrip. t. i. part ii. p. 644.)  It exhibits two  of  some  hooses in the          stn de  an vi
kinds of compasses: iZ  the comon kind  sed  retain traces of having supported the stone seats
(Dionys. 1. c.) for the spectators.  This loss is fortunately supplied by the remains of a small circus
on the Via Appia, commonly called the Circus of
A            a......... Caracalla, the ground-plan of which, together with
much of the superstructure, remains in a state of
considerable preservation. The ground-plan of the
circus in question is represented in the annexed
=:  0woodcut; and may be safely taken as a model of
all others, since it agrees in every main feature,
both of general outline and individual parts, with
the description of the Circus Maximus given by
Dionysius (iii. p. 192).
Around the double lines (A, A) were arranged
the seats (grcadss, sedilica, subsellia), as in a theatre,
termed collectively the cavea; the lowest of which
were separated from the ground by a podium, ancl
the whole divided longitudinally by praecinctiones,
and diagonally into cmzei, with their vomitorice
attached to each.  Towards the extremity of the
for drawing circles and measuring distances, and  upper branch of the covec, the general outline is
one with curved legs, probably intended to mea-  broken by an outwork (B), which was probably
sure the thickness of columns, cylindrical pieces of the pslvinar;, or station for the emperor, as it is
wood, or similar objects.  The common kind is  placed in the best situation for seeing both the
described by the scholiast on Aristophanes (Nub. commencement asnd end of the course, and in the
178), who compares its form to that of the letter A. most prominent part of the circus. (Suet. ClMud. 4.)
[See cut under NoRMA.]  The mythologists sup-  In the opposite branch, is observed another in



2B4                 CIRCUS.                                            CIRCUS.
i
A
(crdu~tioni    Ao h,111                  I!,                                A     --- 
terrupltion to the uniform  line of seats (C), be-  running  lengthways  down  the course, which,
tokening  also, from  its construction, a place of from  its resemblance to the position of the dorsal
distinction; whicll might have been assigned to  bone ill the human frame, was termed spimna. (Casthe person at whose expense the gamles were given  siodor. Var. E1p. iii. 51.)  It is represented in the
(edilor spectaculorusnz).                          wood-cut subjoined. taken from  an ancient basIn the centre of the area was a low wall (D)  relief.
7             -                                      -
At each extremity of the spinsa were placed, spine.  Their use was to enable the spectators to
Ilupon a base (E, E), three wooden cylinders, of a  count the number of rounds which had been run;
conical shape, like cypress trees (Osetaesqle im)itate  for which purpose they are said to have been first
cupressus, Ovid, Mlet. x. 106; coinpare Plin. i. NT. introduced by Agrippa (Dion Cass. xlix. p. 600),
xvi. 60), which were called Ovctace   the goals. though Livy (xli. 27) speaks of them long' before.
Their situation is distinctly seen in the preceding  They are, therefore, seven in number, such being
woodcut, but their form is more fully developed in  the numliber of the circuits made in each race; and
the one amnexed, copied from  a marble in the  as each round was run, one of the ora was put uip
British MIvuseum.                                  (Cassiodor. Va?. Ep. iii. 51) or taken down, according to Varro (De Re Reust. i. 2. ~ 11).  An egg
was adopted for this purpose, in honour of Castor
and Pollux.  (Tertull. De Spectac. c. 8.)  At the
other extremity of the spina were two similar
columns (G), represented also in the woodcut,
over the second chariot, sustaining seven dolphins,
termecd delp)hdinae, or delphiczas'rum  coluisnae (Juv.
L~5;~i-~    /=1Q                  Sat. vi. 590), which do not appear to have been
| f/dttl]i~}lt A  = <  intended to be removed, but only placed there as
corresponding ornaments to the ovra e;  and the
I  figure of the dolphin was selected in honour of
TD' — X=t- ~.  Neptune. (Tertull. 1. c.)  Some writers suppose
the columns  which supported the ova and celpdhisace
_SC'  c 1 n ~k-' i   S      to be the plCalae  or fidalce, which Juvenal meno-,  tions (1. c.).  But the pl)alae were not columns,
btst towers, erected as circumstances required, between the metae anlld eszripus, or extreme circuit of
the area, when sham-fights were represented in the
circus.  (CoImpare Festus, s. v. PPalae; Serv. ad
Visy. Aen. ix. 705.)  Besides these, the sp2ina was
decorated with many other objects, such as obe_- ~.:..~.,,s~            * In the Lyons mosaic, subsequently noticed in
the text, the delpdhinae are represented as fountains
Tlhe most remarkable object upon the spieza were  spouting water; but in a bas-relief of the Palazzo
two columns (F) supporting, seven conical balls, Barberini (Fabretti, Syntacys. de Columnlz. Trajasni,
which, from their resemblance to eggs, were called  p. 144), a ladder is placed against the columns
ovaZ.  (VaIr. De Re Rust. i. 2. ~ 1; Liv. xli. 27.)  which support the dolphins, apparently for the purThese are seen in the woodcut representing the  pose of ascending to take them up and down.




CIRC US,                                              CIRCUS.                     285
lisks, statues, altars, and temples, which do not
appear to have had any fixed locality.
It will be observed in the ground-plan that there
is a passage between the zetlae and spina, the ex-   I'- 5-                     r
treme ends of the latter of which are hollowed out          1;.       t1        i
into a circular recess: and several of the ancient
sculptures afford similar examples. This might have       *   lf         f      i                i 
been for performing the sacrifice, or other offices
of religious worship, with which the games com- f =          _ _ _ =                             /
menced; particularly as small chapels cian still be    \;    \\.
seen under the meleae, in which the statues of some
divinities must have been placed. It was probably  the chariots had started  in which the gates are
under the first of these spaces that the altar of the  made to open inwards.
god Cozsus was concealed (Tertull. De Spectac.    The  preceding account and woodcuts will be
c. 5), which was excavated upon each occasion of sufficient to explain the meaning of the  variotus
these games.  (Dionys. ii. p. 97.).                   words by which the enscceces were designated  in
At the extremity of the circus in which the two  poetical language, namely, clcmastra (Stat. 17lel)b. v-i.
horns of the caved terminate, were placed the stalls  399; lfor. Epist. i. 14. 9), cr /pptc  (Sidon  Crin.
for the horses and  chariots (H, H), commonly  xxiii. 319),faizces (Cassiodeor. Va. Epist. iii. 51),
called carceres at, and subsequently to, the age of ostica (Auson. Epist. xxiii. I 1),fores carceneis (Ovid,
Varro: but more anciently the whole line of build-  Trist. v. 9. 29), sreoglCea (Ovid, Aiet. ii. 155; Sil.
ings which confined this end of the circus was  Ital. xvi. 318), lisaisic  equorusas (Id. xvi. 317).
termed  oppidnem; because, with  its gates and          It will not fail to be observed that the line of
towers, it resembled the walls of a town (Festns,  the carceres is not at a right angle with the spi.ne,
s. v.; Varro, De Ling. Lat. v. 153); which is forn-  but forms the segment of a circle, the centre of
bly illustrated by the circus under consideration,  which is a point on the right hand of the arenla  the
where the two towers (I, I) at each end of the  reason for which is obviously that all the chariots
carceres are still standing.  The number ofccarceres  might have, as neaily as possible, an equal disis supposed to have been usually twelve (Cassiodor.  tance to pass over between the ccarcees and mouthll
Var. Ep. iii. 51), as they are in this plan; but in  of the course.  Moreover, tlhe two sides of tIle
the mosaic discovered at Lyons, and published by  circus are not parallel to each other, nor the spina
Artaud  (Description  d'u l   fosaique, &c. Lyon,  to either of them; but they are so planned that
1806), there are only eight.*  They were vaults,  the course diminishes gradually from the mouth at
closed in  front by  gates  of open  xvood-work  (J), until it reaches the corresponding line at the
(cancolli), which were opened simultaneously upon  opposite side of the spine (K), where it is narrower
the signal being given (Dionys. iii. p. 192; Cas-  by thirty-two feet.  This might have proceeded
siodor. I.G.; compare Sil. Ital. xvi. 316), by re-  from economy, or be necessary in the present inmoving a rope ( Ko-,TA-1~c&, Dienys. 1. c.; compare  stance on account of the limited extent of the circus;
Schol. adc Thleoecr. Ili. viii. 57) attached to pilas-  for as all the four, or six, chariots would enter the
ters of the kind called IHerniae, placed for that pur-  mouth of the course nearly abreast, the greatest
pose between each stall; upon which  the gates  width would be required at that spot; but as they
were immediately thrown open by a number of men,  got down the course, and one or more took the lead,
probably the arezwentarii, as represented in the an-  the same width would be no longer necessary.
nexed woodcut, taken from a very curious marble          The carceres were divided into two sets of six
in the Museo Borgiano, at Velletri; which also  each, accurately described by Cassiodorus (1. c.) as
represents most of the other peculiarities above-  bissens  oslie, by an entrance in the centre (L),
mentioned as appertaining to the carceres.            called porlt  ponzsaee; because it was the  one
through which the Circensian procession entered,.k                                se5 >and  which, it is  inferred  from  a  passage  in
-,~ <~-'",x.,' N~'~ "~~"""~-. ~_  Ausonius (Epist. xviii. 12), was always open,
e <,                   forming a thoroughfare through the circus.  Be"i2~/J-',/. )-W /                   sides this entrance, there wvere four others, two at
the termination of the seats between the cn e  and'~'~[f',-~ ~:  RWss~s~ ~ _~B >the oippidumz  (M, M), another at (N), and the
h1 Kfllh             ____gi-'       fourth  at (0), under the vault of which the fresco
____ 1;,~'~tt? ___   _              decoratione are still visible. This is supposed to be
_ —-fi_ —--  x'lfi KIL V                    the Polta T'iue22s?.hciis,, to whlich its sitaltion seems
adapted.  One of the others was the Portl Lilitineensis (Lanprid. Coie72eod. 16), so called because
Ine the mosaic of Lyons the man is represented  it was the one through which the dead bodies of
npparently  in  the act of letting  go. the rope  those killed inthe games were carried out. (DioIn
(vT'7rX7,Y4) in the manner described by Dionysius  Cass. lxxii. p. 1222.)
(1. c.).  The cut below, which is from a marble in       Such awere the general features of a circus, as
the British Museum, represents a set of four carceses,  far as regasrds the interior of the fabric.  The arena
with their iIermnae, and cancelli open, as left after  had also its divisions appropriated to particular
purposes, with a nomenclature of its own attached
* This mosaic hlas several peculiarities.  Mlost  to each.  The spsace immediately before the olpiof the objects are double.  There is a double set  clizs was termed circus  pr'islusS; that near the izetle
of ova and deilhinzae, one of each sort at each end  i)risma, ciecus interior or intisus (Varr. De Ling.
of the spina -  and eight chariots, that is a double  Ltt. v, 154), which  latter spot, in  the  Circus
set, for each colour, are inserted.                   Maximus,.  as also termed  adcl   Iurcis, or ad




2816               CIRCUS.                                             CIRCUS.
7sltrciae7,   from  the altar of Venus Murtia, or  included in the measurements given by Dionysius
]Murcia, placed there. (Compare Apuleius, Mect. vi.  (iii. p. 192), and thus exactly accounts for the
p. 395, ed. Oudendorp; Tertull. de Spectac. 8;  variation in his computation.
iiUller, ad Varron. L. a.)  The term arena belongs    When the Circus Maximus was permanently
to an amphitheatre; and it is therefore probable  formed by Tarquinius Priscus, each of the thirty
that it was applied in the circus to the large open  curiae had a particular place assigned to it (Dionys.
space between the carceres and prinzc  seeta, when  iii. p. 1 92); but as the pieheians had no right to a
the circus was used for the exhibition of athletic  seat in this circus, the Circus Flarminius was aftergames, for which the locality seems best adapted;  wards built for their games. (Comp. Niebuhr, Hist.
but in Silius Italicus (xvi. 415) it is put for the part  ofRome,vol. i. p. 362, vol. ii. p. 360.) Of course, in
down the spina.  When the circus was used for  the latter days of the republic, when the distinction
racing, the course was termed sp]atiuZs, (Juv. Sat.  between patricians and plebeians had practically
vi. 582) or spatia, because the match included more  ceased to exist, the plebeians sat in the Circus
than one circuit.  (Virg. Aen. v. 316, 325, 327,  Maximus.  (Suet. Aug. 44.)  The seats were then
Geory. i. 513; Stat. Thleb. vi. 594; Hor. Epist. i. marked off at intervals by a line or groove drawn
14. 9; compare Sil. Ital. xvi. 336.) It is also called  across them (linea), so that the space included becaitulus   (Sil. xvi. 391), and poetically aequor (Id.  tween two lines afforded sitting room for a certain
414).                                              number of spectators.  Hence the allusion of Ovid
At the entrance of the course, exactly in the  (Amor. iii. 2. 19): -
direction of the line (J, K), were two small pe-       Quid[ frustra refugis? cogit nos lineac jungi.
destals (hersmuli) on each side of the podium, to  (Compare Ovid. Art. Azsat. i. 141.)  As the seats
which was attached a chalked rope (alba linea, were hard and high, the women made use of a
Cassiodor. 1. c.), for the purpose of making the  cushion (pulvinus), and a footstool (scanezum, secstart fair, precisely as is practised at Rome for the  bellusn, Ovid. A-rt. Anzat. i. 160, 162), for which
horse-races  during  Carneval.  Thus, when the  purpose the railing which ran along the upper edge
doors of the carceres were thrown open, if any of of each praecinctio was used by those who sat imthc horses rushed out before the others, they were  mediately above it. (Ovid. Amoer. iii. 2. 64.)  But
brought up by this rope until the whole were fairly  under the emperors, when it became necessary to
abreast, when it was loosened from one side, and  give an adventitious rank to the upper classes by
all poured into the course at once.  In the Lyons  privileges and distinctions, Augustus first, then
mosaic the alba linea is distinctly traced at the  Claudius, and finally Nero and Domitian, separated
spot just mentioned, and one of the chariots is  the senators and equites from the common people.
observed to be upset at the very place, whilst the  (Suet. Asug. 44, Claud. 21, Nero, 11, Domlit. 8.)
others pursue their course.  The writer has often  The seat of the emperor —pulvinar (Suet. Aug. 44,
seen the same accident happen at Rome, when an  Claudz. 4), cusbicslums  (Id. Nero, 12), was most
over-eager horse rushes against the rope and gets  likely in the same situation in the Circus Maximus,
thrown down.  This line, for an obvious reason  as ill the one above described.  It was generally
(Plin. II. N. xxxv. 58), was also called ealv, and  upon the podissn, unless when he presided himself,
cretac (Cic. de An. 27; Senec. Epist. 108), from   which was not always the case (Suet. Nero, 1. c.) 
whence comes the allusion of Persius (Sat. v. 177), but then he occupied the elevated tribunal of the
clretat ambitio.  The mretae served only to regulate  president (suggestus), over the porte pol,?1pce. The
the turnings of the course, the alba linea amlswered  consuls and other dignitaries sat above the carceres
to the starting and winning post of modern days-   (Sidon. Cason. xxiii. 317), indications of which
r"peracto legitimo cursu ad cretamz stetere."  (Plin. seats are seen in the woodcut on page 285, a.
Iri. N. viii. 65; and compare xxxv. 58.)  Hence  The rest of the opp)9icsdu  was probably occupied by
the metaphor of Cicero (Senect. 23), " quasi decurso  the musicians and persons who formed part of the
spatio ad carceres a calce revocari;"' and of Horace  sonmpa.
(Epist. i. 16. 79), "mors ultisma linese  rerum."    The exterior of the Circius Maximus was sur(Comp. Lucret. vi. 92.)                            rounded by a portico one story high, above which
From this description the Circus Maximus dif-  were  shops for those who  sold  refreshments.
fered little, except in size and magnificence of em-  (Dionys. iii. p. 192.)  Within the portico were
bellishment.  But as it was used for hunting wild  ranges of dark vaults, which supported the seats
beasts, Julius Caesar drew a canal called Euripus,  of the caved.  These were let out to women of the
tell feet wide, around the bottom of the podiunz, to  town. (Juv. Sat. iii. 65; Lamprid. HIelioyab. 26.)
protect the spectators who sat there (Dionys. iii.    The Circensian games (Ludi Circenses) were first
p. 1922; Suet. Juil. 39), which was removed by  instituted by Romulus, according to the legends,
Nero (Plin. II. V. viii. 7), but subsequently re-  when he wished to attract the Sabine population to
stored by other princes. (Lamprid. lHeliogb. 23.)  Roume, for the purpose of furnishing his own people
It possessed also another variety in three open  with wives (Val. Max. ii. 4. ~ 3), and were celegalleries, or balconies, at the circular end, called  brated in honour of the god Consus, or Neptunus
sne2niana or naeniaana. (Suet. Cal. 18.) The num-  Ecquestris, from whom they were styled Consuales.
bers which the Circus Maximus was capable of  (Liv. i. 9.)  But after the construction of the
containing, are computed at 150,000 by Dionysius  Circus Maximus, they were called indiscriminately
(iii. p. 192), 260,000 by Pliny (. AN. xxxvi. 24.  Ciircenses (Servius, ad Virg. Geors. iii. 18), tRonzani,
~ 1), and 385,000 by P. Victor (Regio xi.), all of  or JHcagni. (Liv. i. 35.)  They embraced six kinds
which are probably correct, but have reference to  of games: -- I. Cuasus; II. LUDus TROJAE;
different periods of its history.  Its very great ex-  III. PUvNA EQUESTRIS; IV. CERTTAMEN GYIvtent is indicated by Juvenal (Sat. xi. 195).  Its  NICUM; V. VENATIOC; VI. NAUMACmEIe.    The
length, in the time of Julius Caesar, was three  two last were not peculiar to the circus, but were
stadia, the width one, and the depth of the build-  exhibited also in the amphitheatre, or in buildings
ings occupied half a stadium (Plin. 1. c.), which is  appropriated for theu.




CIRCUS.                                            CIRCUS.                   237
The games commenced with a grand procession
(Pompa C-ircensis), in which all those who were          a
about to exhibit in the circus, as well as persons of /               (co
distinction, bore a part. The statues of the gods                        s
formed the most conspicuous feature in the show, 
which were paraded upon wooden platforms, called
fercuic and ttlensae. (Suet. JAl. 76.)  The former 
were borne upon the shoulders, as the statues of 
saints are carried in modern processions (Cic. de
(Of: i. 36); the latter drawn along upon wheels,
and hence the tiensca which bore the statue of
Jupiter is termed Jovis plazlstlrum by Tertullian
(De Spectac. 7), and Albs iX'os, by Dion Cassius
(p. 608).  The former were for painted images, or
those of light material; the latter for the heavy
statues.  The whole procession is minutely do-                              >
scrihed by Dionysius (vii. pp. 457, 458; comp.
Ovid, Amios. iii. 2. 43, &c.). 
I. Cuvsvs,  the races.  The carriage usually
employed in the circus was drawn by two or four
horses (biga, quacdriga).  [CvURRUs.]
The usual number of chariots which started for
each race was four.  The drivers (aurigae, cgitatores) were also divided into four companies,
each distinguished by a different colour, to represent the four seasons of the year, and called a  siodor. VFa. Ep. iii. 51.)  The allba linec      n was
f/tctio (Festus, s. v.): thus fitctio prasizua, the  then cast off, and the race commenced, the extent
green, represented the spring, whence (Juv. Sat. of which was seven times round the spina (Varro,
xi. 196) " Eventurm viridis quo colligo panzni;"  ap. Gell. iii. 10), keeping  it always on the left.
f.tctio russcata, red, the summer; fiectio veneta, (Ovid. Ameo. iii. 2. 72; Sil. Ital. xvi. 362.)  A
azure, the autumn; and fictio alba or clbata, course of seven circuits was termed unus misscs,
white, the winter. (Tertull. de Spectac. 9; compare  and twenty-five was the number of races ral in
the. authorities quoted by Ruperti, adc Juv. vii. each day, the last of which was called 1missus aepa112.)  Originally there were but two factions, sins, because in early times the expense of it was
albatn and russata (Tertull. 1. c.), and consequently  defrayed by a collection of money (ces) nmade
only two chariots started at each race.  Domitiani  amongst the people. (Serv. ad Virgy. Georg. iii.
subsequently increased the whole number to six,  18; compare Dion Cass. lix. p. 903.)  Upon one
by the addition of two new factions, aurata and  occasion Domitian reduced the numnber of circuits
p}mnsTnea (Suet. Dosm. 7); but this appears to hasve  from seven to five, in order to exhibit 100 gmissus
been an exception to the usual practice, and not in  in one day. (Suet. Dome. 4.) The victor descended
general use.  The driver stood in his car within  from  his car at the conclusion of the race, and
the reins, which went round his back.  This  ascended the spina, where he received his reenabled him to throw all his weight against the  ward (braviu1n, from  the Greek BpaCEiov, Paul.
horses, by leaning backwards; but it greatly en-  1 Corisnth. ix. 24), which consisted in a considerable
hanced his danger in case of an upset, and caused  sum  of money  (Juv. Sat. vii. 113, 114, 243;
the death of Hippolytus.  (Eur. Hipp. 1230, ed. Suet. Clauzd. 21), which accounts for the great
Monk; compare Ovid, liet. xv. 524.)  To avoid  wealth of the charioteers to which Juvenal alludes,
this peril a sort of knife or bill-hook was carried  and the truth of which is testified by many sepiulat the waist, for the purpose of cutting the reins  chral inscriptions.
in a case of emergency, as is seen in some of the    A  single horseman, answering to the tcE'As of
ancient reliefs, and is more clearly illustrated in  the Greeks, attended each chariot, the object of
the annexed woodcut, copied from a fragment for- which seems to have been twofold; to assist his
Ilerly belonging to the Villa Negroni, vlhich also  companion by urging on the horses, when his hands
affords a specimen of the dress of an auriya.  The  were occupied in managing the reins, and, if necestorso only remains of this statue; but the head is  sary, to ride forward and clear the course, as seen
supplied from  another antiqucle, representing an  in the cut from the British Museum representing the
atiuiga, in the Villa Albani.                     czsetae, which duty Cassiodorus (Var. Ep. iii. 51)
When all was ready, the doors of the carceres  assigns to him, with the title of eqzuus desultorius.
were flung open, and the chariots were formed  Other writers apply that term to those who pracabreast of the alba linea by men called m2oratores  tised feats of horsemanship in the circus, leaping
from their duty; the signal for the start was then  from one to another when at their speed. (Compare
given by the person who presided at the games, Suet. Jul. 39; Cic. Pro  nru12en. 27; Dionys. p.
sometimes by sound of trumpet (Ovid. M3et. x. 462; Panvin. De Luzd. Circens. i. 9.)  In other
652; Sidon. Carme. xxiii. 341), or more usually by  respects, the horse-racing followed the same ruIks
letting fall a napkin  (malpp, Suet. Nero, 22; as the chariots.
Mart. Ep. xii. 29. 9), whence the Circensian games    The enthusiasm  of the Romans for these races
are called spZectacula macspae. (Juv;. Sat. xi. 191.)  exceeded all bounds.  Lists of the horses (libelli),
The origin of' this custom  is founded on a story  with their names and colours, and those of the
that Nero, while at dinner, hearing the shouts of drivers, were handed about, and heavy bets made
the people who were clamorous for the course to  upon each faction (Ovid, Art. Amnat. i. 167, 16;8;
begin, threw down his napkin as the signal. (Cas- Juv. Sat. xi. 200; Mart. Ep. xi. 1. 15); and some



208                 CISTA.                                            CIVITAS.
times the contests between two parties broke out  In the representations of the Dionysian procesinto open violence and bloody quarrels, until at sions, which frequently form the subject of paintlast the disputes which originated in the circus,  ings on ancient vases, women carrying cistae are
had nearly lost the Emperor Justinian his crown. constantly introduced;  they are usually of an ob(Gibbon, c. 40.)                                  long form, and thus differ completely from  the
II. LUDus TR.OJAE, a sort of sham-fight, said  cistae used in the Roman comitia.  From  one
to have been invented by Aeneas, performed by  of these paintings, given by Millin in his Peinsyoung men. of rank on horseback (Tacit. Ann. xi. tures de  icases Antiques, the following woodcut is
1), often exhibited by Augustus and succeeding  taken.
emperors (Suet. Aug. 43, Nero, 7), which is described by Virgil (Aer. v. 553, &c.).
III. PUGNA EQUESTRIS ET PEDESTRIS, a representation of a battle, upon which occasions a
camp was formed icn the circus. (Suet. Jul. 39,
)Doe. 4.)
IV. CERTAMEN GYMNICUM. See ATHLETAE,  
and the references to the articles there given.
V. [VENATIO.]  VI. [NAUMACHIuA.]
The pompa circensis was abolished by Constantine,  upon  his conversion  to  Christianity; 
and the other games of the circus by the Goths
(A. n. 410); but the chariot races continued at
Constantinople until that city was besieged by
the Venetians (A. a. 1204).            [A. R.]
CIRRTUS.  [COIMA.]
CI'SIUM, a gig, i. e. a light open carriage with
two wheels, adapted to carry two persons rapidly
from  place to place.  Its form  is sculptured on
the monumental column
at Igel, near Treves (see
woodcut).  It had a box
or case, probably under
the seat. (Festus, s.v. PloiniEZsin.)  The cisia were
quickly drawn by inmules
(cisi volantis, Virg. Cctal.                          CISTO'PHORUS  (rC'TOOpposp), a silver coin,
viii. 3; Cic. P/ail. ii. 31).  Cicero mentions the  which belonged to the kingdom of Pergamnus, alnd
case of a messenger who travelled 56 miles in 10  which was in general circulation in Asia Minor at
hours in such vehicles, which were kept for hire at the time of the conquest of that country by the
the stations along the great roads; a proof that the  Romans. (Liv. xxxvii. 46, 58, xxxix. 7; Cic. lad
ancients considered six Roman miles per hour as  Att. ii. 6, xi. 1.)  Its value is extremely unceran extraordinary speed.  (Pro Roscio Almzer. 7.)  tain, as the only information we possess on the
The conductors of these hired gigs were called  subject is in two passages of Festus, which are at
cisiarii, and were subject to penalties for care-  variance with each other, and of which certainly
less or dangerous driving.  (Dig. 19. tit. 2. s. one, and probably the other, is corrupt. (Festus,
1 3.)                                  [J. Y.]    s. vv..Eeboicumn   Taletuntm, and Talentorusz, znon,
CISTA. (KLo'dT'), a small box or basket, coin-  &c.; see MUller's notes): and, with respect to the
monly made of wicker-work, in which any thing  existing specimens, it is doubtful whether they are
might be placed. (Cic. Vest. iii. 85; Hor. Ip. i. double or single cistopliori.  Bbckh supposes them
17. 54.)  In the Roman comitia the cista was the  to have been originally didrachms of the Aeginetlan
ballot-box into which the voters cast their tabellae  standard: others take them for tetradrachms. l'Mr.
(Plin. I-. 1V. xxxiii. 2. s. 7; Auctor, ad Hireelznl.  Hussey (pp. 74, 75), from existing coins, which lihe
i. 12; Pseudo-Ascon. ad Cic. Diviz. 7. p. 108, ed. takes for cistophorsi, determines it to be about - of
Orelli).  The form  of the cista is preserved on a  the later Attic drachma, or Roman denarius of the
coin of the Cassia gens, which is represented in  republic, and worth in our money about 7d., The
the annexed cut, and which is evidently made of existing specimens are extremely scarce.  Tile
wicker or similar work.  The material              general device is, on the one side, the sacred chest
of which it was made is alluded to by              (cista, whence the name) of Dionysus, half open,
Tibullius in the line (i. 7. 48) " et levis        with a serpent creeping out of it, surrounded by
occultis conscia vista sacris."  The cista         an ivy wreath, and on the reverse, the car of Dehas been frequently confounded with the            icmeter, drawn by serpents.  The period during
sitella, but the latter was the urn from which the  which cistophori were struck, is supposed to have
names of the tribes or centuries were drawn out by  been from about B. c. 200, down to the battle of
lot.  [SITELLA.]                                   Actium.  (Panel, de Cistophoris,  Lugd. 1734
The name of cistae was also given to the small  Eckhel, vol. iv. pp. 352-368; Bbcklh, letrol.
boxes whllich were carried in procession isn the  Untersuszlc. pp. 101, 107.)              [P. S.]
Greek festivals of Demeter and Dionysus.  These    CI'THARA.  [LYRA.]
boxes, which were always kept closed in the public    CIVI'LE JUS.  [Jus CIVILE.]
processions, contained sacred things connected with    CIVI'LIS ACTIO.  [AcTIO.]
the worship of these deities.  (Ovid, De Acit.    CIVIS.  [CIvITAS.]
Aseat. ii. 609; Catull. lxiv. 260; Tibull. i. 7. 48.)    CIVITAS (OroAXreia), citizenship. I. GrsEix.




CIVITAS.;                                           CIVITAS                  289
In the third book of the Politics, Aristotle cor- marriage; tYICTfO7aLs, the right of acquiring landed
mences his inquiry into the nature of states with  property; &aTAera, immunity from taxation, espe.
the question, "What constitutes a citizen?" (ro-  cially a&E'Aetia eeroucov, from the tax imposed on
MTIhS).  He defines a citizen to be one who is a  resident aliens.  All these privileges were included
partner in the legislative and judicial power (/E'To-  under the general term 1oorTE-'ea, or (oroyEro Gea
Xos  KcplofewsE  iL epXis).  No  definition will andcl the class who obtained them  were called
equally apply to all the different states of Greece, io'oTreAes.  They bore the same burthens with the
or to any single state at different times; the  citizens, and could plead in the courts or transact
above seems to comprehend more or less properly  business with the people, without the intervention
all those whom the common use of language en-  of a 7rpoo-dTrr7S.  (Bdckh, Public Econ. of Attens,
titled to the name.                                p. 540, 2nd ed.; NiebuhrHist. Roml. ii. p. 53; HerA state in the heroic ages was the government man, Lehrbuchl d. Griecl. Staatsaltl. ~ 116.)  If the
of a prince; the citizens were his subjects, and  right of citizenship was conferred for services done
derived all their privileges, civil as well as reli-  to the state, the rank termed 7rpoepita or emepyeyoia
gious, from  their nobles and princes.  Nothing  might be added.  Naturalised citizens even of the
could have been further from the notions of those  highest grade were not precisely in the same contimes, than  the ideas respecting  the  natural  dition with the citizen by birth, although it is not
equality of freemen which were considered self- agreed in what the difference consisted.  Some
evident axioms in the democracies of an after.  think that they were excluded from  the assembly
period.  In the early governments there were no  (Niebuhr, 1. c.), others that they were only in.
formal stipulations; the kings were amenable to  eligible to offices, or at any rate to the archonship.
the gods alone.  The shadows of. a council and    The candidate on whom  the citizenship was to
assembly were already in existence, but their be conferred was proposed in two successive assem-.
business was to obey.  Community of language, blies, at the second of which at least six thousand
of religion, and of legal rights, as far as they then  citizens voted for him  by ballot: even if he sucexisted, was the bond of union; and their pri-  ceeded, his admission, like every other decree,
vileges, such as they were, were readily granted  was liable during  a whole year to a'epa)iJ
to naturalised  strangers.  Upon the whole, as  7rapamv0',4/u.  He was registered in a phyle and
W5achsmuth  has well observed, the notion of deme, but not enrolled in the phratria and genes;
citizenship in the heroic age only existed so far  and hence it has been argued that he was ineligible
as the condition of aliens or of domestic slaves  to the office of archon or priest, because unable to
was its negative.                                  participate nll the sacred rites of'Aar0AAXcv Mhleprpos
The rise of a dominant class gradually over-  or Zebs'EpIecos.
threw the monarchies of ancient Greece.  Of such    The object of the phratriae (which were retained
a class, the chief characteristics were good birth  in the constitution of Cleisthenes, when their numand the hereditary transmission  of privileges, her no longer corresponded to that of the tribes)
the possession of land, and the performance of was to preserve purity and legitimacy of descent
umilitary service.  To these characters the names  among the citizens.  Aristotle says (Pol. iii. 2)
yc/opoeL,  7reris, EtrpLrap, La &c., severally corre-  that for practical purposes it was sufficient to despond.  Strictly speaking, these were the only  fine a citizen as the son or grandson of a citizen,
citizens; yet the lower class was quite distinct and the register of the phratriae was kept chiefly
from bondmen or slaves. It commonly happened  as a record of the citizenship of the parents.  If
that the nobility  occupied the fortified towns, any one's claim was disputed, this register was at
while the ~j/mos lived in the country and followed  hand, and gave an answer to all doubts about the
agricultural pursuits: whenever the latter were  rights of his parelts or his own identity.  Every
gathered within the walls and became seamen or newly married woman, herself a citizen, was enhandicraftsmen, the difference of rank was soon  rolled in the phratriae of her husband, and every
lost, and wealth made the only standard.  The  infant registered in the phratriae and genes of its
quarrels of the nobility among themselves, and the  father.  All who were thus registered must have
admixture of population arising from imnmigrations, been born in lawful wedlock, of parents who were
all tended to raise the lower orders from their themselves citizens; indeed, so far was this carpolitical subjection.  It must be remembered, too, ried, that the omission of allny of the requisite
that the possession of domestic slaves, if it placed  formalities in the marriage of the parents, if it
them in no new relation to the governing body, at did not wholly take away the rights of citizenany rate gave them leisure to attend to the higher ship, might place the offspring under serious disduties of a citizen, and thus served to increase their abilities.  This, however, was only carried out in
political efficiency.                              its utmost rigour at the time when Athenian
During  the  convulsions which followed the  citizenship was most valuable.  In Solon's time, it
heroic ages, naturalisation was readily granted to  is not certain that the offspring of a citizen and of
all who desired it; as the value of citizenship in- a foreign 1woman incurred any civil disadvantage;
creased, it was, of course, more sparingly bestowed. and evcn the law of Pericles (Plut. Peric. 37),.The ties of hospitality descended from the prince  which exacted citizenship on the mother's side,
to the state, and the friendly relations of the  appears to have become obsolete very'soon- afterIeomeric heroes were exchanged for theorposeva'  wards, as we find it re-enacted by Aristophon in
of a later period.  In political intercourse, the im- the archonship of Eudeides, B. c. 403. (Athen. xiii.
partance of these last soon began to be felt, and the  p. 577.)
7rpJoeVos at Athens, in after times, obtained rights    It is evident then, from the very object of the
only inferior to actual citizenship.  [HosPITIur.]  phratriae, why the newly-admitted citizen was not
The isopolite relation existed, however, on a much  enrolled in them.  As the same reason did not
more extended scale.  Sometimes particular privi-  apply to the children, these, if born of women who
leges were granted:  as nlye. pla the right of inter-  were citizens,.were enrolled in the phratiia of their
leffes were ranted: as   "Yalt'a,~~~~~~~~~~~~~~~m




290                CIVITAS.                                           CIVITAS.
maternal grandfather.  (Isaeus, De Apol. Hered.  fled only by the genius of Lycurgus, their designi
c. 15.)  Still an additional safeguard was provided  was evidently to unite the governing body among
by the registry of the deme.  At the age of six-  themselves against the superior nun bers of the
teen, the son of a citizen was required to devote  subject population.  The division of lands, the
two years to the exercises of the gymnasia, at the  syssitia, the education of their youth, all tended to
expiration of which term  he was enrolled in his  this great object.  The most important thinff next
deme; and, after taking the oath of a citizen, was  to union among themselves, was to divide the subarmed in the presence of the assembly.  He was  ject class, and accordingly we find the government
then of age, and might marry; but was required  conferring some of the rights of citizenship on the
to spend two years more as a 7repuroXos in frontier  helots.  Properly speaking, the helots cannot be
service, before he was admitted to take part in the  said to have had any political rights; yet being
assembly of the people.  The admission into the  serfs of the soil, they were not absolutely under
phratria and deme were alike attended with oaths  the control of their masters, and were never sold
and other solemn formalities: when a 8oecmtcaaia  out of the country even by the state itself.  Their
or general scrutiny of the claims of citizens took  condition was not one of hopeless servitude; a legal
place, it was entrusted to both of them; indeed  way was open to them, by which, through many
the registry of the deme was the only check upon  intermediate stages, they might attain to liberty
the naturalised citizen.                           and citizenship.  (Miiller, Dorians, iii. 3. ~ 5.)
These privileges, however, were only enjoyed  Those who followed their masters to war were
while the citizen was E&rITltloS: in other words, deemed worthy of especial confidence; indeed,
did not incur any sort of &ryqdea, which was of when they served among the heavy-armed, it
two sorts, either partial or total, and is spoken of seems to have been usual to give them  their
at length elsewhere.  [ATIMIA.]  liberty.   The  &eorIromLovairaL,~ by whom  the
Recurring then to Aristotle's definition, we find  Spartan fleet was almost entirely manned, were
the essential properties of Athenian citizenship to  freedmen, who were allowed to dwell where they
have consisted in the share possessed by every  pleased, and probably had a portion of land alcitizen in the legislature, in the election of magis- lotted them  by the state.  After they had been
trates, in the 5oicmaerea, and in the courts of in possession of their liberty for some time, they
justice.                                           appear to have been called VeoeatoieEs  (Thuc. vii.
The lowest unity under which the citizen was  58), the number of whom  soon came near to that
contained, was the ye'vos or clan; its members  of the citizens.  The udOwYves or yMdOaKes (as their
were termed TyevvrTra  or 05toydaecaKrE.  Thirty  name implies) were also emancipated helots; their?yerv4  formed a ppaTrpfa, which latter division, as  descendants, too, must have received the rights of
was observed above, continued to subsist long  citizenship as Callicratidas, Lysander, and Gylipafter the four tribes, to which the twelve phratries  pus were of Mothacic origin.  (MUlier, Dorians,
anciently corresponded, had been done away by  ii. 3. ~ 6.)  We cannot suppose that they passed
the constitution of Cleisthenes.  There is no reason  necessarily and of course into the full Spartan
to suppose that these divisions originated in the  franchise; it is much more probable that at Sparta,
common descent of the persons who were included  as at Athens, intermarriage with citizens might
in them, as they certainly did not imply any such  at last entirely obliterate the badge of former seridea in later times.  Rather they are to be con- vitude.
sidered as mere political unions, yet formed in    The perioeci are not to be considered as a subimitation of the natural ties of the patriarchal  ject class, but rather as a distinct people, separated
system.                                            by their customs as well as by their origin from
If we would picture to ourselves the true notion  the genuine Spartans.  It seems unlikely that they
which the Greeks embodied in the word -ro'XAs, were admitted to vote in the Spartan assembly
we must lay aside all modern ideas respecting the  yet they undoubtedly possessed civil rights in the
nature and object of a state.  With us practically, communities to which  they belonged  (MUller,
if not in theory, the object of a state hardly em- Dorians, iii. 2. ~ 4), and which would hardly have
braces more than the protection of life and pro- been called 7ro'AEL unless they had been in some
perty.  The Greeks, on the other hand, had the  sense independent bodies.  In the army they commost vivid conception of the state as a whole, monly served as hoplites, and we find the comevery part of which was to co-operate to some  mand at sea intrusted to one of this class. (Thuc.
great end to which all other duties were considered  viii. 22.)  In respect of political rights, the perioeci
as subordinate.  Thus the aim of democracy was  were in the same condition with the plebeians in,
said to be liberty; wealth, of oligarchy; and edu-  the early history of Rome, although in every other
cation, of aristocracy.  In all governments the  respect far better off, as they participated in the
endea-our was to draw the social union as close  division of lands, and enjoyed the exclusive prias possible, and it seenms to have been with this  vilege of engaging in trade and commerce.  What
view  that Aristotle laid down a principle which  confirms the view here taken, is the fact, that, as
answered well enough to the accidental circum-  far as we know, no individual of this class was
stances of the Grecian states, that a wriAls must-be  ever raised to participate in Spartan privileges.
of a certain size.  (Pol. vii. 4; Nic. Etth. ix. 10. Nothing, however, can be more erroneous than to
Ob y&ap iK  &rea /uvptd'iwv  7rdLXs CrT ErL'V.)   look upon them as an oppressed race.  Even their
This unity of purpose was nowhere so fully  exclusion from the assembly cannot be viewed in
carried out as in the government of Sparta; and, if this light; for, had they possessed the privilege,
Sparta is to be looked upon as the model of a  their residence in the country would have deDorian state, we may add, in the other Dorian go-  barred them from  its exercise.  It only remains
vernments.  Whether Spartan institutions in their  to consider in what the superiority of the genuine
essential parts  were the creation  of a single  Spartan may have consisted.  In the first place,
master-mind, or the result of circumstances modi-  besides the right of voting in the assembly and




CIVITAS,.CIVITAS'.                291
becoming a candidate for the magistracies, he  not belong to any person not a hlembnir of this
was possessed of lands and slaves, and was thus  civitas, are omitted in the enumeration, it is art
exempt from all care about the necessaries of life; incomplete enumeration; for the rights and duties
secondly, on the field of battle he always served  not expressly included must be assumed as common
amongst the hoplites; thirdly, he participated in  to the members of this civitas and to all the world,
the Spartan education, and in all other Dorian  or, to use a Roman expression, they exist jure
institutions, both civil and religious.  The re- gentium.  Having enumerated all the characterluctance which Sparta showed to admit foreigners  istics of the members of any given civitas, we have
was proportioned to the value of these privileges:  then to show how a man acquires them, and how
indeed Herodotus (ix. 35) says that Sparta had  he loses them, and the notion of a member of such
only conferred the full franchise in two instances. civitas is then complete.
In legal rights all Spartans were equal; but there    Some members of a political community (cives)
were yet several gradations, which, when once  may have more political rights than others; a
formed, retained their hold on the aristocratic  principle by the aid of which Savigny (Geselichte
feelings of the people.  (Miller, Dorians, iii. 5. des MRm. Rechts imn Mittelalter, c. ii. p. 22) has
~ 7.)  First, as we should naturally expect, there  expressed briefly and clearly the distinction bewas the dignity of the Heraclide families; and, tween the two great classes of Roman citizens
connected with this, a certain pre-eminence of the  under the republic: -" In  the  free  republic
Hyllean tribe.  Another distinction'was that be- there were two classes of Roman citizens, one
tween the 0aoeol and v7rouemLoes, which, in later that bad, and another that had not, a share in
times, appears to have been considerable.  The  the sovereign power (opttimo  jure, non o]ptiio jsBre
latter term  probably comprehended those citizens  eives).  That which peculiarly distinguished the
who, from  degeneracy of manners or other causes, higher class was the right to vote in a tribe, and
had undergone some kind of civil degradation. To  the capacity of enjoying magistracies (s/oLagafisne
these the byolom were opposed, although it is not et ionores)."  According to this view, the jus civicertain in what the precise difference consisted. It tatis comprehended part of that which the Romans
need hardly be added, that at Sparta, as elsewhere, called jus publicuLm, and also, and most particularly,
the union of wealth with birth always gave a sort that which they called jus privatum.  The jus
of adventitious rank to its possessor.             privatum  comprehended the jus connubii and jus
All the Spartan citizens were included in the  cornmercii, and those who had not these had no
three tribes, Ilylleans, Dymanes or Dymanatae, citizenship.  Those who had the jus suffragiorum
and Pamphilians, each of which were divided into  and jus honorum had the complete citizenship, or,
ten obes or phratries. Under these obes there must in other words, they were optimo jure cives. Those
undoubtedly have been contained some lesser sub- who had the privatum, but not the publicum jus4
division, which Miiller, with great probability, were citizens, though citizens of an inferior class.
supposes to have been termed Tpmiatcd. The citizens  The jus privatum  seems to be equivalent to the
of Sparta, as of most oligarchical states, were land- jus Quiritium, and the civitas Romana to the jus
owners, although this does not seem to have been  publicum.  Accordingly, we sometimes find the
looked upon as an essential of citizenship.        jut Quiritium contrasted with the Romana civitas.
It would exceed the limits of this work to give  (Plin. Ep. x. 4. 22; Ulp. Fogag. tit. 3. ~ 2.)  Livy
an account of the Grecian constitutions, except so  (xxxviii. 36) says that until B. C. 188, the Formiani,
far as may illustrate the rights of citizenship.  Fundani, and Arpinates, had the civitas without
W~hat perversions in the form  of government, ac- the suffragium; and, at an earlier time, the people
cording to Greek ideas, were sufficient to destroy  of Anagnia received the " Civitas sine suffragii lathe essential notion of a citizen, is a question  tione."  (Liv. ix. 43.)
which, following Aristotle's example (Pol. iii. 5),    Ulpian (Frag. tit. 5. ~ 4; 19. ~ 4; 20. ~ 8;
we may be content to leave undecided.  He who,  11. ~ 6) has stated a distinction, as existing in lhis
being personally free, enjoyed the fullest political time among the free persons who were within the
privileges, participated in the assembly and courts political limits of the Roman state, which it is of
of judicature, was eligible to the highest offices, great importance to apprehend clearly. There were
and received all this by inheritance friom  his an- three classes of free persons, Cives, Latini, and
cestors, most entirely satisfied the idea which the  Peregrini.  Gaius (i. 12) points to the same diviGreeks expressed in the word rorxfmas.  [B. J.]   sion, where he says that a slave, when made free,
2. ROMiAN.  Civitas means the whole body of might become a Civis Romanus, or a Latinus, or
cives, or members, of any given state.  Civitates  might be in the number of the peregrini dediticii,
are defined by Cicero (Somnz. Scip. c. 3) to be " con- according to circumstances.  Civis, according to
cilium coetusque hominum jure sociati."  A civitas  Ulpian, is lie who possesses the complete rights of
is, therefore, properly a political community, so- a Roman citizen.  The Peregrinses had not comvereign and independent.  The word civitas is  mercium  and connubium, which were the characfrequently used by the Roman writers to express  teristic rights of a Roman citizen, not viewed in
the condition of a Roman citizen, as distinguished  his political capacity; but the Peregrinus had a
from that of other persons not Roman citizens, as  capacity for making all kinds of contracts which
in the phrases dare civitatemo, donate  civitate,  were allowable by the jus gentium.  The Latinus
isurpare civcittenm.                               was in an intermediate state; he had not the conIf we attempt to distinguish the members of any  nubium, and consequently he had not the patria
given civitas from  all other people in the world, potestas nor rights of agnatio'; but he had the
we can only do it by enumerating all the rights  commercium  or the right of acquiring quiritariamn
and duties of a member of this civitas, which are  ownership, and he had also a capacity for all acts
not rights and duties of a person who is not a  incident to quriritarian ownership, as vindicatio, in
member of this civitas.  If any rights and duties jure cessio, mancipatio, and testallenti factio, which
which belong to a member of this civitas, and do  last comprises the power of making awill in Romatf
u2




92                CIVITAS.                                           CIVITAS.
formn, of becoming heres or legatee under a will,  2. Latini, that is, the citizens of the old Latin
and of being a witness to a will; also he could  towns, except those which were raised to the rank
contract many obligationes which a Peregrinus  of municipia;  the term Latini also included the
could not.  These were the general capacities of a  numerous Coloniae Latinae.  3. Socii, that is, the
Latinus and peregrinus; but a Latinus or a pere-  free inhabitants of Italy, who were not included
grinuns might obtain by special favour certain rights  in 1 or 2.  4. Provinciales, or the free subjects of
which he had not by virtue of his condition only.  Rome beyond the limits of Italy.  But these four
The legitima hereditas was not included in the  descriptions of persons were all comprehended under
testamenti factio; for the legitima hereditas pre-  Cives and Peregrini; for the term  peregrini comsupposed agnatio, and agnatio presupposed connu- prehended numbers 2, 3, and 4.
bium, or the capacity to contract a Roman marriage.    After the Social war, and in B. c. 90, by a lex
According to Savigny, the notion of civis and  Julia the Roman citizenship was extended to all
civitas had *its origin in the union of the patricii  Italy, properly so called, and even to Gallia Cisand the plebes as one estate.  The peregrinitas, in  padana.  The consequence of this change was that
the sense above stated, originated in the conquest the Socii and Latini were merged in the class of
of a state by the Romans, when the conquered  cives Romani, and there remained only cives and
state did not obtain the civitas; and he conjectures  provinciales, but the provinciales were still perethat the notion of peregrinitas was appliedoriginally  grini.  It was at this time apparently that the
to all citizens of foreign states who had a foedus  class of Latini was established, which did not, as
with Rome.                                         formerly, denote a people, but an artificial class of
The civitas then, historically viewed, was in  persons with a particular legal capacity.  This
brief as follows: —Originally, the Romans divided  legal capacity or half citizenship, as already exall persons into Cives and Peregrini: the cives, con- plained, consisted in the possession of the Colnsidered as non-political persons and simply as indi-  mercium without the Connubium.  One object of
viduals, had connubium  and commercium; the  forming this new;class was apparently to prepare a
peregrini had neither.  But this merely negative  gradual transition to the full civitas for such peredescription of a peregrinus would apply also to  grini as the state might wish to favour.  The conslaves, and to the members of states with which  dition of the class of Latini was expressed by the
Rome never had any connection, and consequently  term Latinitas or Jus Latii.  [LATINITAS.]
it is requisite to give to the notion of peregrinus    Freon this time there existed the three classes,
something of a positive character in order to de- described by Gains and Ulpian-Cives, Latini, and
termine what it is.  A peregrinus then was one  Peregrini: cives with commercium and connubium,
who had no legal capacity zaccording to the jus  Latini with commercium only, msd peregrini withcivile Romanorum, slat had a capacity of acquiring  out either.  Ollly the cives had the political rights,
rights according to the jus gentium, which rights  the suffragium  and honores.  The names of the
the Roman courts of justice acknowledged.  The  three classes existed to the time of Justinian's
following persons then would be included under legislation.
Peregrini: 1. Before the time of Antoninus Cara-    The rights of a Roman citizen were acquired in
calla, the silihblitants of almost all the Roman  several ways, but most commonly by a person
provinces.  2. The citizens of foreign states which  being born of parents who were Roman citizens.
were in friendly relation with Rome.  3. Romans  A  Romuan pater familias, filias familias, mater
Nwho had lost the -civitas in consequence of some  familias, and filia faoailias were all cives, though
legal penalty, as deportatio.  (Big. 48. tit.' 19. s. the first only was sui juris and the rest were not.
] 7. ~ 1.)  4. Libertini, who were dediticioruim  If a Roman citizen married a Latina or a perenumero.  (Ulpian, Frag. tit. 20. ~ 14.)            grina, believing  her to be a Roman citizen, aind
T'he,later division of persons was this -Cives, begot a child, this child was not in the power of
Latini, and Peregrini.  The condition of;cives and  his father, because he was not a Roman citizen,
peregrimi was unchanged; but a third class, that but the child was either a Latinus or a peregrinus
of Latini, was formed, who had a limited civitas, according to the condition of his mother; and no
which consisted in having commercium  without child followed the condition of his father without
connubium.  By possessing commercium they ap- there was conncubinsa  between  his father and
proached to the class of cives; by not having con- mother. By a sell,tus-consultum, the parents were
nubiunm  they approached the class of peregrini. allowed to prove their mistake (cauesacsr  erroris
Yet persons who belonged to the class of Latini or probare); and, on this being done, both the mother
Peregrini might, by grant, receive a higher legal and the child became Roman citizens, and, as a
capacity than that which belonged to persons of consequence, the son was in the power of the
this class.  (Ulpian, Frac. tit. 5. ~ 4, 19. ~ 4.)    father. (Gains, i. 67.)  Other cases relating to the
Thus then there were at one time in the Roman  matter called causae probatio are stated by Gaists
state only two classes of persons with different  (i. 29, &c.; i. 66, &c.), from which it appears that
legal capapities —Cives and Peregrini. At another the facilities for obtaining the Roman civitas were
and a later time there were three classes - Cives, gradually extended.  (See also Ulp. Fraig. tit. 3,
Latini, and Peregrini.  It remains to explain when  De Latinis.)
the third class, Latini, was established, and what    A slave mlight obtain the civitas by manumispersons were included in the term Peregrini at the  sion (vindictca), by the census, and by a testatwo several times.                                mentum, if there was no legal impediment; but it
Before the Social war B. c. 90, the Romans had  depended  on  circumstances, as already stated,
acquired the dominion of all Italy, and the state  whether he became a Civis Romanus, a Latinus,
then  comprehended  the  following  persons: -  or in  the  number of the  peregrini dediticii.
1. Cives Romani, that is, the inhabitants of Rome,  [MANVIaIssSIO.]
the citizens of the coloniae civium, and the citizens    Under the republic and before the Sociai war, the
of the municipia without respect to their origin.  civitas could, of course, be conferred by a lex, and




CIVITAS.                                      CLAVUS LATUS..                 293
upon such ternms as the lex declared.  (Liv. vi. 4;    CLANDESTI'NA  POSSE'SSIO.  [INTERand in the case of the Ferentinates, Liv. xxxiv. 42;  DICTUM.]
Cicero, pro Balbo, 13.)  The Julia lex, u. c. 90,    CLARIGAITIO.  [FETIALES.]
was a comprehensive measure.  Cicero, however    CLASSES.  [COMITIA.]
(pro Ballo, c. 8), remarks that many of the people    CLASSIA'RII.  [ExaRCITUS.]
of Ileracleia and Neapolis made some opposition to    CLA'SSICUM.  [CoRNU.]
accepting the terms offered by the lex, and would    CLATHRI.  [DoMus.]
have preferred their former relation to Rome as    CLAVIS.  [JANUA.]
civitates foederatae (foederis sui libertatem) to the    CLAUSTRUM.  [JANUA.]
Roman civitas.  The lex gave the Roman civitas    CLAVUS ANNALIS.  In the early ages of
not only to the natives of the Italian towns, but  Rome, when letters were yet scarcely in use, the
also to natives of towns out of Italy, who had be-  Romans kept a reckoning of their years by driving
come citizens of Italian towns before the lex was  a nail (clavus), on the ides of each September, into
enacted. Thus L. Manllius (Cic. ad Fcaen. xiii. 30), thde   wall of the temple of Jupiter Optimus
a native of Catina, in Sicily, obtained the Roman  M.ieimus, which ceremony was performed by the
civitas by virtue of having been enrolled as a citizen  consul or a dictator.  (Festus, s. v. Cl av. Annal.;
of Neapolis (erat enim inz id smunici2eitb adsc-Sip   Liv. vii. 3, viii. 18,. ix. 28; Cic. al At. v. 15.)
tuns) before the passing of the lex.  The lex    CLAVUS GUBERNA'CULI.  [NAvIS.]
Plastia Papiria, which was proposed by the tri-    CLAVUS LATUS, CLAVUS ANGUSTUS.
bunes M. Plautius Silvanus and C. Papirius Carbo,  The meaning of these words has given rise to
B. C. 89, contained a' provision that persons, who  muclh dispute; but it is now established beyond
had been enrolled as' citizens of' the foedermatae  doubt that the clavus latin  was a broad purple
civitates, and who had a domicile in Italy at the  band, extending perpendicularly  from the neck
time when the law was passed, should have the  down the centre of the tunica, and that the clavUS
Roman civitas, if they gave in their names to the  ajeuslus consisted of two narrow purple slips, runpraetor within sixty days (aped praetoremr essent ning parallel to each other from the top to the
professi, Cic, pro Archiac c. 4).  Archias claimed  bottom of the tunic, one from each shoulder. Hence
the benefit of this lex as having' been enrolled a  we find the tunic called the tunica laiiclavia and
citizen of Heraclea, and having in thie other re-    justiclavia.  These purple stripes were woven
spects complied with the lex.  The case of L.  into the tunic (Plin. Ii. N. viii. 48); and this cirM[anlius appears to show that the lex Julia applied[ cumstance accounts for the fact that the clavus is
to persons not natives of an Italian town-if they  never represented in works of sculpture.  It only
had become citizens of such town before the pass-  occurs in paintings, and those too of a very late
ing of the lex; and it is- not clear what was the  period.  The clavus latus is represented in the anprecise object of the lex Plautia Plapi!ica, whether  nexed cut, which is copied from  a painting of
merely to explain or to limit the operation of the
Julia lex.  If the Julia lex merely declared that                      -
those who were adscripti in the Italian towns
before the passing of the lex should acquire the       j                 m
Roman civitas, it would be necessary to provide
some security against fraudulent registrations which
might be made after the passing of the lex,
and this would be effected by requiring adscripti
to give in their names at Rome within the sixty
days.
With the establishment of tire imperial power,
the political rights of Roman citizens became in-?)     2
significant, and the commercium  and the connubium were the only parts of the civitas that were               /'             
valuable. The constitution of Antoninus Caracalla,   42 
which gave the civitas to all the Roman world, ap-                                       i
plied only to communities and not to individuals;                    1
its effect was to make all the cities in the empire  
municipia, and all Latini into cives.  The distinction of cives and Latini, from  this time forward,
only applied to individuals, namely, to freedmen.        s
and their children.  The peregrinitas in like man-    _                                     -
ner ceased to be applicable to communities, and
only existed in the dediticii as a class of individuals.  Rome personified, formerly belonging to the BarThe legislation of Justinian finally put an end to  berini family.  The clavus angustus is seen in the
what remained of this ancient division into classes, three figures introduced below, all of which are
and the only division of persons was into subjects  taken from  sepulchral paintings executed subseof the Caesar and slaves.                          quently to the introduction  of Christianity at
The word civitas is often used by the Roman  Rome.  The female figure on the left hand, which
writers to express any political community, as  is copied  from  Buonarotti (Osservazioni sopra
Civitas Antiochiensium, &c.                        alcuni Frammenti di Fasi antichi di Vetro, tav.
(Savigny, Zeitschrif2, &c. vol. v., Ueber die Entste- xxix. fig. 1), represents the goddess Moneta. The
hung,&c.,derLatisnitit; vol. ix.,DerRimiscse Volks-  one on the right hand is from a cemetery on the
schluss der Tafel von Heraklea; vol. xi., Naclmtrsige  Via Salara Nova, and represents Priscilla, an early
zufriilleren Arbeiten; and Savigny, System des hen- martyr.  The next figure is selected from three of
tigen 6onmisclen Reclsts, vol.ii. p. 23, &c. [G. L.]   a similar kind, representing Shadrach, Meshach,
u 3




294           CLAVUS LATUS.                                            CLIENS.
and Abednego, from the tomb of Pope Callisto on  with 35). ~ But it seems that the latus cla us could:
the Via Appia.                                     be again resumed if the same individual subsequently wished to become a senator (Hor. Sat. i. 6.
25), and hence a fickle character is designated as
one who is always changing his clavus (Hor. Sat.
The latus clavus is said to have been introduced
at Rome by Tullus Hostilius, and to have been
(Plin. H. 1V. ix. 63); nor does it appear to have
been confined to any particular class during the
earlier periods, but to have been worn by all ranks
promiscuously.  (Plin. H. N. xxxiii. 7.)  It was
laid aside in public mourning. (Liv. ix. 7.) [A. R.3
CLEPSYDPRA.  [HIoRoLoGIvU.       ]
f\   |    1   /CLERU'CHI (tcMA pos Xoi).  [CoLoNIA.]
/IlI\           CLERUS (trh.xpos).  [HERas.]
CLETE'RES  or CLE'TORES  (IcXsI71pes or
/  K opEs), summoners.  The Athenian summoners
were not official persons, but merely witnesses to
the prosecutor that he had served the defendant
with a notice of the action brought against him,
and the day upon which it would be requisite for
him to appear before the proper magistrate, in order
that the first examination of the case might commence. (Harpocrat.) In Aristophanes (Nub). 1246,
Vesp. 1408) we read of one summoner only being
employed, but two are generally mentioned by the' —\1' 5 \ I[ [ }orators as the usual number.  (Dem. c. Nicost.
p. 1251. 5, pro Coron. 244. 4, c. Boeot. p. 1017.
6.)  The names of the summoners were subscribed
to the declaration or bill of the prosecutor, and
were, of course, essential to the validity of all pro( / ti( t  ( \''J 0 gA   ceedings founded upon it. What has been hitherto
stated applies in general to all causes, whether 8itca,
K/( i'2,                       or ypapai: but in some which commenced with an
information laid before magistrates, and an arrest of
the accused in consequence (as in the case of an
The latus clavus was a distinctive badge of the  ie'rrEILS or eoaeyyEAia), there would be no occasion
senatorian order (k6tuln  demisit pectore clavuizn,  for a summons, nor, of course, witnesses to its serHor. Sat. i. 6. 28; Ovid, Trist. iv. 10. 35): and  vice.  In the ebV'va,  and 6oml5aafeai also, when
hence it is'used to signify the senatorial dignity  held at the regular times, no summons was issued,
(Suet. Tib. 35, Vesp. 2, 4); and laticlavius, for  as the persons whose character might be affected
the person who enjoys it.  (Suet.Azug. 38.)  In  by an accusation were necessarily present, or predistinction to the angustus clavus, it is termed  sumed to be so; but if the prosecutor had let the
purpura Imajor (Juv. Sat. i. 106), purwpura latior  proper day pass, and proposed to hold a special
(Plin. UI. NV. xxxiii. 7); and the garment it de-  eo',0,V at any other time during the year in which
corated, tunica potens (Stat. Sylv. v. 2. 29).  The  the defendant was liable to be called to account for
tunica laticlavia was not fastened round the waist his conduct in office (brreuOsvvos), the agency of
like the common tunic, but left loose, in order that  summoners was as requisite as in any other case.
the clavus might lie flat and conspicuously over  Of the  otcl Caae'at that of the orators alone had no
the chest.  (Quinctil. xi. 3. ~ 138.)              fixed time; but the first step in the cause was not
The angustus clavus was the decoration of the  the usual legal summons (7rpdo'icAXots), but an
equestrian order; but the right of wearing the  announcement from  the prosecutor to the accused
latus clavus was also given to the children of in the assembly of the people.  (Meier, Att. Proequestrians (Ovid. Trist. iv. 10. 29), at least in  cess. pp. 212, 575.)  In the event of persons subthe time of Augustus, as a prelude to entering the  scribing themselves falsely as summoners, they
senate-house.  This, however, was a matter of exposed themselves to an action (evoLucAX7el-ofas)
personal indulgence, and not of individual right; at the suit of the party aggrieved.    [J. S. M.]
for it was granted only to persons of very ancient    CLIBANA'RII.   [CATAPHRACTI.]
family, and corresponding wealth (Stat. Sylv. iv. 8.    CLIENS is supposed to contain the same ele59; Dig. 24. tit. 1. s. 42), and then by special ment as the verb clLere, to " hear" or" obey," and
favour of the emperor. (Suet. Fesp. 2; Tacit. Ann. is accordingly compared by Niebuhr with the Gerxvi. 17; Plin. Epist. ii. 9.)  In such cases the  man word hioeriger, " a dependant."
latus clavus was assumed with the toga virilis, and  In the time of Cicero, we find patronus in the
worn until the age arrived at which the young  sense of adviser, advocate, or defender, opposed to
equestrian was admissible into the senate, when it cliens in the sense of the person defended, or the
was relinquished and the angustus clavus resumed, consultor; and this use of the word must be reif a disinclination on his part, or any other circum-  ferred, as we shall see, to the original character of
stances, prevented him from entering the senate, as  the patronus. (Ovid. Art. Ame. i. 88; Hor. Sat. i.
was the case with Ovid (oompare Trist. iv. 10. 27,  1. 10, Ep. i. 5. 31, ii. 1. 104.)  The relation of a




CLIENS.                                            CLIENS.                   9x5
master to his liberated slave (libertus) was also. ex- scendants were thus connected with the gens of the
pressed by the word patronus, and the libertus was patronus.  It was the glory of illustrious families to
the cliens of his patronus.  Any Roman citizen  have many  clients, and to add to the nnumber
who wanted a protector, might attach himself to a  transmitted to them by their ancestors.  But the
patr-nus, and would thenceforward be a cliens. clients were not limited to the  77iU/or'col: the
Strangers who came into exilium  at Rome might colonies, and the states connected with Rome by
do the same (jus applicationis, Cic. de Or. i. 39). alliance and friendship, and the conquered states,
Distinguished Romans were also sometimes the  had their patrons at Rome;  and the senate frepatroni of states and cities, which were in a cer- quently referred the disputes between such states
tain relation of subjection or friendship to Rome  to their patrons, and abided by their decision.
(Sueton. Octavian. Caesa?-, 17); and in this re-    Dionysius gives a tolerably intelligible statement,
spect they may be compared to colonial agents, or whether true or false, of the relation of a patron and
persons amongus, who are employed to look after client.  What persons actually composed the body
the interests of the colony in the mother country; of clients, or what was the real historical origin of
except that among the Romans such services were  the clientela, is immaterial for the purpose of unnever remunerated directly, though there might be  derstanding what it was.  It is clear that Dioan indirect remuneration.   (Cic. Div. 20, Pro  nysius understood the Roman state as originally
Sullc, c. 21; Tacit. Or. 36.)  This relationship  consisting of patricii and plebeii, and lie has said
between patronus and cliens was expressed by the  that tile clients were the plebs.  Now it appears,
word Clientela (Cic. ad Att. xiv. 12), which also  from his own work and from Livy, that there were
expressed the whole body of a man's clients. clientes who were not the plebs, or, in other words,
(Tacit. Ann. xiv. 61.)  In the Greek writers on  clientesand plebs were not convertible ternms. This
Roman history, patronus is represented by wrpoer-d- passage, theol, has little historical value as ex-rS: and client, by 7rensaX-s. (Plut. Tib. Gracch. plaining the origin of the clients.  Still something
13, Alarius, 5.)                                  may be extracted from  the passage, though it is
The clientela, but in a different form, existed as impossible to reconcile it altogether with all other
far back as the records or traditions of Roman  evidence.  The clients were not servi: they had
history extend; and the following is a brief notice  property of their own, and freedom (lil)erts). Conof its origin and character, as stated by Dionysius  sistently with what Dionysius says, they might be
(Antiq. Roen. ii. 9), in which the writer's terms  Roman citizens in the wider sense of the term civis,
are kept -:                                        enjoying only the commercium and connubium, but
Romulus gave to the eb'rrptiat the care of re- not the suffragium and honores, which belonged to
ligion, the honores (6ipXcLv), the administration of their patroni.  [CIvITAS.]  It would also be conjustice, and the administration of the state.  The  sistent with the statement of Dionysius, that there
87iyo-srcol (whom in the preceding chapter he has  were free men in the state who were not patricii,
explained to be the 7rAhqeio,) had none of these  and not clientes; but if such persons existed in
privileges, and they were also poor; husbandry  the earliest period of the Roman state, they must
and the necessary arts of life were their occupation. have laboured under great civil disabilities, and
Romulus thus entrusted the art;or-7coi to the safe  this also is not inconsistent with the testimony of
keeping of the WraoCpicloi (who are the eviraeTpi[a), history.  Such a body, if it existed, must have
and permitted each of them to choose his patron. been powerless; but such a body might in various
This relationship between the patron and the client ways increase in numbers and wealth, and grow
was called, says Dionysius, patronia.  (Compare  up into an estate, such as the plebs afterwards was.
C(ic. Rep. ii. 9.)                                 The body of clientes might include freedmen, as it
The relative rights and duties of the patrons and  certainly did: but it seems an assumption of what
the clients were, according to Dionysius, as follow  requires proof, to infer (as Niebuhr does) that,
(Dionys. ii. 10, and other passages):.        because a patronus could put his freedman to death,
The patron was the legal adviser of the cliens; he could do the same to a client; for this involves
he was the client's guardian and protector, as he  a tacit assumption that the clients were originally
was the guardian and protector of his own children; slaves; and this may be true, but it is not known.
he mainitained the client's suit when he was wronged, Besides, it cannot be true that a patron had the
and defended him  when another complained of power of life and death over his freedman, who
being wronged by him: in a word, the patron was  had obtained the civitas, any more than he had
the guardian of the client's interest, both private  over an emancipated son.  There is also no proof
and public.  The client contributed to the marriage  that the clientela in which liberti stood was hereportion of the pation's daughter, if the patron was  ditary like that of the proper clients.  The body
poor; and to his ransom, or that of his children, if of clientes might, consistently with all that we
they were taken prisoners; he paid the costs and  know, contain peregrini, who had no privileges at
damages of a suit which the patron lost, and of all; and it might contain that class of persons who
anly penalty in which he was condemned; he bore  had the commercium only, if the commercium  exa part of the patron's expenses incurred by his dis-  isted in the early ages of the state.  [CIVITAS.]
charging public duties, or filling the honourable  The latter class of persons would recluire a patronus
places in the state.  Neither party could accuse the  to whom they might attach themselves for the proother, or bear testimony against the other, or give  tection of their property, and who might sue and
his vote against the other.  The clients accom-  defend them in all suits, on account of the (here
panied their patroni to war as vassals. (Dionys. x. assumed) inability of such persons to sue in their
43.)  This relationship between patron and client own name in the early ages of Rone.
subsisted for many generations, and resembled in    The relation of the patronus to the cliens, as reall respects the relationship by blood.  It was a  presented by Dionysius, has an analogy to the
connection that was hereditary; the cliens bore the  patria potestas, and the form of the word patronus
gentile name of the patronus, and he and his de-  is consistent with this.
u 4




296               CLIENS.                                           CLIMA.
It is stated by Niebuhr, that "if a client died    Admitting a distinction between the plebs and
without heirs, his patron inherited; and this law  the old clientes to be fully established, there is
extended to the case of freedmen; the power of still room for careful investigation as to the real:the patron over whom  must certainly have been  condition of the clientes, and of the composition of
founded originally on the general patronal right."  the Roman state before the estate of the plebs was
This statement, if it be correct, would be consistent made equal to that of the patricians.   [G. L.]
with the quasi patria potestas of the patronus.    CLIENTE'LA.  [CLIENS.]
But if a cliens died  with heirs, could he make a    CLIMA (cM/iAa), literally a slope or inclination,
will? and if he died witlzout heirs, could he not was used in the mathematical geography of the
dispose of his property by will? and if he could  Greeksi" with reference to the inclination of various
not make, or did not make a will, and had heirs, parts of the earth's surface to the plane of the
who must they be? must they be sui hieredes?  equator.  Before the globular figure of the earth
had he a familia, and consequently agnati? had  was known, it was supposed that there was a
he, in fact, that connubium, by virtue of which he  general slope of its surface from south to north,
could acquire the patria potestas? He might have  and this was called IcMeta.  But as the science of
all this consistently with the statement of Diony- mathematical geography advanced, the word was
sius, and yet be a citizen noez optimo jure; for he  applied to different belts of the earth's surface,
had not the honores and the other distinguishing  which were determined by the different lengths of
privileges of the patricii; and consistently with  the longest day at their lines of demarcation.
the statement of Dionysius he could not vote in  This division into climates was applied only to
the comitia curiatat.  It is not possible to prove  the northern hemisphere, as the geographers had
that a cliens had all this, and it seems equally im- no practical knowledge of the earth south of the
possible, from existing evidence, to show what his  equator.
rights really were.  So far as our extant ancient    Ripparchus (about B. C. 160) seems to have
authorities show, the origin of the clientela, and its been the first who made use of this division; his
true character, were unknown to them.  There  system  is explained  at length by Strabo  (ii.
was a body in the Roman state, at an early period  p. 132).  Assuming the circumference of a great
of its existence, which was neither patrician nor circle of the earth to be 252,000 stadia, Hipparchus
client, and a body which once did not, but ulti-  divided this into 360 degrees, of 700 stadia to
mately did, participate in the sovereign power:  each; and then, beginning at the parallel of Mero',
this was the plebs. The clientes also existed in the  and proceeding northwards, he undertook to deearliest period of the Romanl state, but our know- scribe the astronomical phenomena observed at each
ledge of the true condition' of this body must re- degree of latitude, or every 700 stadia: among
main inexact, for the want of sufficient evidence in  these phenomena, he observed that the length of
amount, and sufficiently trustworthy.            the longest day at Merod was 13 hours, and at
It is stated by Livy (ii. 56) that the clientes  Syene 13'. The observations of later astronomers
had votes in the comitia of the centuries: they  and geographers, such as Geminus, Strabo, Pliny,
were therefore registered in the censors' books, and Ptolemy, are described in the works cited
and could have quiritarian ownership. [CENTUM- below.  The following table, from Ukert, shows
VIRI.]  They had therefore the commercium, pos- the climates, as given by Ptolemy (Geogr. i. 23).
sibly the connubium, and certainly the suffragium. It will be observed that there are nineteen climates,
It may be doubted whether Dionysius understood  the beginning and middle of which are marked by
them to have the suffragium at the comitia centu- lines called parallels, of which the first marks the
riata; but if such was the legal condition of the  equator, and the thirty-third the arctic circle. Up
clientes, it is impossible that the exposition of their to this point, there are sixteen climates, of which
relation to the patricians, as given by some modern  twelve are determined by the increase of half-anwriters, can be altogether correct.              hour in the length of the longest day, the 13th
It would appear, from what -has been stated, and 14th 1 hour, and the 1Sth and 16th 2 hours.
that patronus and patricius were originally con- In the remaining climates, within the arctic circle,
vertible terms, at least until the  ldebs obtained  the days no longer increase by hours but by
the honores.  From that time, many of the reasons months.   Elsewhere (Almacg. ii. 6) he makes
for a person being a cliens of a patricius would  ten climates north of the' equator, beginning at the
cease; for the plebeians had acquired political im- parallel of Taprobane in lat. 40 15t, and ending at
portance, had become acquainted with the law and  that of Thule, in lat. 630; and one to the south,
the legal forms, and were fully competent to advise  beginning at the equator, or the parallel of Cape
their clients. This change must have contributed  Raptum, and ending at the parallel of Antimeroi
to the destruction of the strict old clientela, and  in lat. 160 25'.
was the transition to the clientela of the later ages    The term tAiXta was, afterwards applied to the
of the republic. (HLgo,Lezrbuch, &c. vol. i. p. 458.)  average temperature of each of these regions, and
It has been conjectured (Becker, tlandbuch der  hence our modern use of the word.  (Strab. 1. c.
Rieisciens Altesthniiser,'vol. ii. p. 125) that the  Dion. Hal. i. 9; Plut. Mar. 11, Aenz. Paul. 5,
clientela was an old Italian institution, which ex- Moral. p. 891; Polyb. vii. 6. ~ 1, x. 1, ~ 3;
isted among some of those people, out of which the  Ath. xii. p. 523, e.; Gemin. ElIen. Astron. 5;
Romanus Populus arose. When Tatius and his  Plin. H. N. ii. 70-75, s. 73-77; Agathem. i. 3;
Sabines settled in Rome, their clients settled there  Cellar. Geo. i. 6; Ukert, Geog. vol. i. Pt. 2,
with them  (Dionys. ii. 46); and Attius Clausus  pp. 182, &c.)                        [P. S.]
brought to Rome a large body of clients. (Liv. ii.
16; Dionys. v. 40).  It is further conjectured,    * The corresponding Latin word is inclinerio
and it is not improbable, that the clientes were  (Vitruv. i. 1), also declinatio,  deverpentia (comp.
Italians, who had been conquered and reduced to  Al. Gell. xiv. 1; Colum. iii. 19).  Clima w&nS
a state of subjection.                           only used at a late period.




CLIPEUS.                                     CLIPEUS.               297
Climate.    Parallel.    Longest Day.    I,atitude.          Passing through
I.            1           12h. Om.       0~   0O
2          12  15         4    15    Taprobane.
-1I.         03           12  30         8    25   Sinus Avalites.
4          12  45        12    30 -  Adule Sinus.
III.          5           1 3   0       16    27   Ierold.
6          13  15        20    14   Napata.
IV.           7           13  50       23    51    Svene.
8          13  4-5       27    12   Ptolemais in Egypt.
17h           9           114   0       SO     2    Looer Egypt.
10         14  15        33    18    Middle of Phoenicia.
VI.           11          14  30       36      0   Ithodus.
12         14  45        38    S5    Smyrna.
VII.          13          15   0       40    56    Hellespont.
14         15  15        43    41    Massilia.
VIII.         15          15  30       45      1   Middle of the Euxine.
16         15  45        46    51    Sources of the Danube.
IX.           17          16   0       48    32   Mouth of the Borysthenes.
18         16  15        50      4    Mliddle of the Palus Maeotis.
X.            19          16  30       51    40    Southern Britain.
20         16  45        52    50    Mouths of the Rhine.
X I.          21          17   0       54    30   Mouths of the Tanais.
22         17  15        55      0    The Brigantes in Britain.
XI?.          23.17  30       56      0    Britannia Magna.
24         17  45        57      0    Caturactonium in Britain.
XIII.         25          18   0       58      0    South of Britannia Parva.
26         18  30        59    30   Middle of ditto
XSV.          27          19   0        61     0    North of ditto
28         19  30        62     0    Ebudes Insulae.
XV.           29          20   0       63      0    Thule.
0o         21   0        64    30    Unknown Scythian Tribes.
XVI.          31          22   0       65    S0   Unknown Scythian Tribes.
32         23   0        66     0
XVII.        133          24   0       66 8g 40"/
34      1 month about   67~   15'
XVIII.        35      2    ---         69    30
36      3    --          73    20
XIX.          37      4    -           78    20
38      5      -         84     0
39      6    -.90     0
CLI'PEUS (daoris), the large shield worn by  shield, as well as the helmet, from the Egyptians
the Greeks and Romans, which was originally of a (Herod. iv. 180; Plat. Tiet. p. 24, b.)
circular form, and is said to have been first used by    The shield used by the Homeric heroes was
Proetus and Acrisius of Argos (Paus. ii. 25. ~ 6), large enough to cover the whole man. It was
and therefore is called clipeus Argolicus (Virg. Aen. sometimes made of osiers twisted together, called
iii. 637), and likened to the sun. (Compare also  Irea, or of wood: the wood or wicker was then
a&o'ria rdvTroed aE'r, Hom. nl. iii. 347, v. 453, covered over with ox hides of several folds deep,
a&ar-las escvK'Aovs, xiv. 428; Varr. De Ling. Lat. and finally bound round the edge with metal.
v. 19, ed. MUller; Festus, s. u.) According to  (Heom. In. xii. 295.) The outer rim is termed
other accounts, however, the Greeks obtained the Y &vTvT (Il. xviii. 479), Yfvs (Eur. 2Troad. 1205),




298               CLIPEUS.                                            CLIPEUS.7repLPIpeta oI.tufcXos (II. xi. 33). [ANTYX.]  In  small iron bars, crossing each other somewhat in
the centre was a projection called OLuq)aXAos or  the form of the letter X, which met the arm below
ueo-o?.dkXtov, iznlbo, which served as a sort of the inner bend of the elbow joint, and served to
weapon by itself, or caused the missiles of the  steady the orb.  This apparatus, which is sailJ to
enemy to glance off from the shield.  It is seen in  have been invented by the Carians (Herod. i. 171),
the next woodcut, from the column of Trajan.  A   was termed oiXavov or O;Xav77.  Around the inner
spike, or some other prominent excrescence, was  edge ran a leather thong (7rdpirae), fixed by rails
sometimes placed upon the 5Cup&axos, which was  at certain distances, so that it formed a succession
called edrou4iXiov.                               of loops all round, which the soldier grasped with
his hand (eJuaX    n 7rdppratct yevaiav Xe'pca, Eur.
Hel. 1396).  Thepreceding woodcut, which shows
the whole apparatus, will render this account intelligible.  It is taken from one of the terra cotta
vases published by Tischbein (vol. iv. tab. 20).
At the close of a war it was customary for the
Greeks to suspend their shields in the temples
when the 7rdpsratces were taken off, in order to
render them unserviceable in case of any sudden or
popular outbreak; which custom accounts for the
/                               alarm  of Demosthenes in the Knights of Aristophanes (859), when he saw them hanging up with
their handles on.
2I 0g. h                         The arr'nos was carried by the heavy-armed men
(6rTXr'at) during the historical times of Greece,.\I \Wfl~lt\Vt  I       tand is opposed to the lighter 7rEA'Xri and 7ypPov:
P\1W        /        i        ~l1 IIjltl bhence we find the word aegis used to signify a
Iji 1 01Y12l,     7!                  o       body of 6 OTArTat (Xen. Arab. i. 7. ~ 10).;                         According to Livy (i. 43), when the census was
instituted by Servius Tullius, the first class only
used the clipeus, and the second were armed withI
the scutusn [SCUTUM]; but after the Roman soldier received pay, the clipeus was discontinued
altogether for the Sabine scutuzn.  (Liv. viii. 8;
compare ix. 19; Plut. Rom. 21; Diod. Eclog.
I~ ~ - % \           xxiii. 3, who asserts that the original form of the
Roman shield was square, and that it was subsequently changed for that of the Tyrrhenians, which
was round.)
In the Homeric times, the Greeks used a belt
to support the shield; but this custom was subsequently discontinued in consequence of its great -,
inconvenience [BALTIEUS], and the following method was adopted in its stead: —A  band of                    /
metal, wood, or leather, termed cauc6s, was placed              / /. A,, /
across the inside from rim to rim, like the diameter
of a circle, to which were affixed a number of
//I/~' /\'
The practice of emblazoning shields with various
devices, the origin of armorial bearings, is of considerable antiquity.  It is mentioned as early as
the time of Aeschylus, who represents the seven
CI (             \ I                          Ichiefs who marched against Thebes with such
-v g tshields (Aeschyl. Sept. c. 7Tteb. 387, &c.; comp.
Virg. Aen. viii. 658; Sil. Ital. viii. 386).  This




CLOACA.-                                           CLOACA.  --                299
custom  is illustrated by the preceding beautiful  18- Roman palms, about 14 feet in diameter, each
gem from the antique, in which the figure of Vic-  of the hewn blocks being 7, palms long and 4~
tory is represented inscribing upon a clipezs the  high, and joined together without cement.  The
name or merits of some deceased hero.              manner of construction -is shown in the annexed
Each Roman soldier had also his own name in-  woodcut, taken on the spot, where a part of it is
scribed upon his shield, in order that he might  uncovered near the arch of Janus Quadrifrons.
readily find his own when the order was given to
unpile arms (Veget. ii. 17); and sometimes the
name of the commander under whom he fought.                       -                      -
(Hirt. Bell. Alex. 58.)
The clipens was also used to  regulate the
temperature of the vapour bath. [BALNEAE, p.              ('
192, a.]                               [A. R.].                        ~'
CLITELLAE, a pair of panniers, and therefore only used in the plural number. (Hor. Sat. i.     o. 
5. 47; Plaut. MInost. iii. 2. 91.)  In Italy they                                             ~
were commonly used with mules or asses, but in
other countries they were also applied to horses, of.
which an instance is given in the annexed woodcut from the column of Trajan; and Plautus (lb.
94) figuratively  describes a man upon  whose         The mouth where it reaches the Tiber, nearly
shoulders a load of any kind, either moral or phy-  opposite to one extremity of the insula 7iberisza,
sical, is charged, as homno clitellarius.   [A. R.]    still remains in the state referred to by Pliny (I. c.).
It is represented in the annexed woodcut, with the
adjacent buildings as they still exist, the modern
-. <   S     fabrics only which encumber the site, being left
out.
CLOA'CA, a common sewer.  The term cloaca
is generally used in reference only to those spacious                            L
subterraneous vaults, either of stone or brick,   _        
through which the foul waters of the city, as well =
as all the streams brought to Rome by the aque-    - - =      -
ducts, finally  discharged  themselves  into  the
Tiber; but it also includes within its meaning 
any smaller drain, either wooden pipes or clay;
tubes (Ulpian, Dig. 43. tit. 23. s. 1), with which     -m2y,;                   _,
almost every house in the city was furnished to
carry off its impurities into the main conduit.
The whole city was thus intersected by subter-    The passages in Strabo and Pliny which state
raneous passages, and is therefore called urbs  that a cart (atvata, vehes) loaded with hay, could
pesnsilis, in Plinly's enthusiastic description of the  pass down the cloaca maxima, will no longer ap.
cloacae. (MI. N. xxxvi. 15. s. 24.)                pear incredible from the dimensions given of this
The most celebrated of these drains was the  stupendous work; but it must still be borne in
cloaca maxiscma, the construction of which is as-  mind that the vehicles of the Romans were much
cribtd to Tarquinius Priscus (Liv. i. 38; Plin.  smaller than our own.  Dion Cassius also states
1. c.), and which was formed to carry off the  (xlix. 43) that Agrippa, when he cleansed the
waters brought down from the adjacent hills into  sewers, passed through them in a boat, to which
the Velabrum  and valley of the Forum.  The  Pliny probably alludes in the expression urbs
stone of which it is built is a mark of the great subter aavigata; and their extraordinary dimenantiquity of the work; it is not the peperino of sions, as well as that of the embouchures through
Gabii and the Alban hills, which was the common  which the waters poured into them, is still further
building-stone in the time of the commonwealth; testified by the exploits of Nero, who threw down
but it is the " tufa litoide " of Brocchi, one of the  the sewers the unfortunate victims of his nightly
volcanic formations which is found in many places  riots.  (Suet. Aero, 26; compare Dionys. x. 53;
in Rome, and which was afterwards supplanted in  Cic. Pro Sext. 35.)
public buildings by the finer quality of the peperino.    The cloaca maxima, formed by Tarquin, ex(Arnold, Hist. Romn. vol. i. p. 52.)  This cloaca  tended only from the forum to the river, but was
was formed by three arches, one within the other, subsequently continued as far up as the Sublara, of
the innermost of which is a semicircular vault of  which branch some vestiges were discovered in the




300           KLOPES DIKE.                                         COCHLEA.
year 1742.  (Venuti, Anticsaita di Romea, vol. i.    COA  VESTIS, the Coan cloth, is mentioned'
p. 98; Ficoroni, Vestigie di Roma, pp. 74, 75.)  by various Latin authors, but most frequently and
This was the cry)pts Suburae to which Juvenal distinctly by the poets of the Augustan age.
refers (Sat. v. 106.  Comp. Diet. of Gr. andRom.  (Tibull. ii. 4, ii. 6; Propert. i. 2, ii. 1, iv. 2, iv. 5;
Geog. art. Ropma.)                               Hor. Carm. iv. 13. 13, Sat. i. 2. 101; Ovid, Ars
The expense of cleansing and repairing these  Am. ii. 298.)  From  their expressions we learn
cloacae was, of course, very great, and was de-  that it had a great degree of transparency, that it
frayed partly by the treasury, and partly. by an  was remarkably fine, that it was chiefly worn by
assessment called cloacarium.  (Ulpian, Dig. 7. women of loose reputation, and that it was sometit. 1. s. 27. ~ 3.)  Under the republic, the ad-  times dyed purple and enriched with stripes of
ministration of the sewers was entrusted to the  gold.  It has been supposed to have been made of
censors; but under the empire, particular officers  silk, because in Cos silk was spun and woven at a
were appointed for that purpose, cloacarzc,   cozrs- very early period, so as to obtain a high celebrity
tores, mention of whom  is found in inscriptions  for the manufactures of that island. (Aristot. iist.
(ap. Grut. p. cxcvii. 5, p. cxcviii. 2, 3, 4, 5; Aniz. v. 19.)  In the woodcut under CoaMA, a
p. cclii. 1; Ulpian, Dig. 43. tit. 23. s. 2).  The  female is represented wearing a robe  of this
emperors employed condemned criminals in the  kind.                                    [J. Y.]
task.  (Plin. Epist. x. 41.)                       COACTOR.  This name was applied to colRome was not the only city celebrated for lectors of various sorts, e. Y. to the servants of the
works of this kind.  Diodorus (xi. 25) makes  publicani, or farmers of the public taxes, who colspecial mention of the sewers (7r&voleot) of Agri-  lected the revenues for them  (Cic. Pro Rab. Post,
gentum, which were constructed about B. C. 480,  11); also to those who collected the money from
by an architect named Phaeax, after whom they  the purchasers of things sold at a public auction.
were called cPalaicEs.               [A. R.]    The father of Horace was a collector of the taxes
KLOPES DIKE' (XAoerris KcIM), the action for farmed by the publicani.  (Ilor. Sat. i. 6. 86;
theft was brought in the usual mamnner beiore a  Suet. Vit. Hor. init.)  Moreover, the servants
diaetetes or a court, the latter of which Meier  of the money-changers were so called, from  col(Att. Process, p. 67) infers to have been under lecting their debts for them.  (Cic. Pro Chltent.
the presidency of the thesmothetae, whether the  64.)                                 [R. W.]
prosecutor preferred  his accusation by way of    CO'CHLEA (tcoXMas), which properly means
ypayp* or 8icqr.  We learn from the law quoted  a snail, was also used to signify other things of a
by Demosthenes (c. Timocr. p. 733), that the cri-  spiral form.
minal upon conviction was obliged to pay twice    1. A screw.  The woodcut annexed represents
the value of the theft to the plaintiff if the latter a clothes-press, from a painting on the wall of the
recovered the specific thing stolen; that failing of Chalcidicum of Eumachia, at Pompeii, which is
this, he was bound to reimburse him tenfold, that worked by two upright screws (cocHleae) precisely
the court might inflict an additional penalty, in the same manner as our own linen presses.
and that the criminal might be confined in the  (llus. Borbonico, iv. 50.)
stocks (ro3otKatcrq) five days and as many nights.
In some cases, a person that had been robbed was      r 
permitted by the Attic law to enter the house in                                          -Jr - _ _   -1
which he suspected his property was concealed,                    11                        1
and institute a search for it (pcopaiv, Aristoph.
Nubes, 497; Plat. De Leg. xii. p. 954); but we
are not informed what powers he was supplied
with to enforce this right.  Besides the above
mentioned action, a prosecutor might proceed by
way of?ypaeq, and when the delinquent was de-                                           I
tected in the act, by a&ra'yoy?  or eC'(?ipoisr.  To
these, however, a penalty of 1000 drachmae was
attached in case the prosecutor failed in establishing his case; so that a diffident plaintiff would           a
often consider them as less eligible means of obtaining redress. (Demosth. c. Androt. p. 601.)  In                          77l
the aggravated cases of stealing in the day time
property of greater amount than 50 drachmae, or
by night any thing whatsoever (and upon this occasion the owner was permitted to wonnd and
even kill the depredator in his flight), the most
trifling article from  a gymnasium, or any thing
worth 10 drachmae from the ports or public baths,    A screw of the same description was also used
the law expressly directed an a7raywch7 to the  in oil and wine presses. (Vitruv.,vi. 9. p. 180, ed.
Eleven, and, upon conviction, the death of the  Bipont.; Palladius, iv. 10. ~ 10, ii. 19; ~ 1.) The
offender. (Demosth. c. Timocr. p. 736. 1.) If the  thread of the screw, for which the Latin language
ypaqph were adopted, it is probable that the punish- has no appropriate term, is called 7repucdxAtoY in
ment was fixed by the court; but both in this  Greek.
case, and in that of conviction in a aiLcX, besides    2. A spiral pump for raising water, invented by
restitution of the stolen property, the disfran- Archimedes (Diod. Sic. i. 34, v. 37; compare
chisement (&Tvs/a) of the criminal would be a  Strab. xvii. 30), from whom it has ever since been
necessary incident of conviction.  (Meier, Att. called the Archimedean screw.  It is described at
Process, p. 358.)                  [J. S. M.]    length by Vitruvius (x. 11).




CODEX.                                             CODEX.;I01
3. A peculiar kind of door, through which the  we find it also applied to the tablet on which a
wild beasts passed from their dens into the arena  bill was written; and the tribune, Cornelius, when
of the amphitheatre. (Varr. De Re Rust. iii. 5. *one of his colleagues forbade his bill to be read by
~ 3.)  It consisted of a circular cage, open on one  the herald or scribe, read it himself (legit codiceem
side like a lantern, which worked upon a pivot soumm; see Cic. in Vat. 2, and Ascon. Ped. in
and within a shell, like the machines used in the  Asgzum. ad Cornel. p. 58. ed. Orelli).  At a still
convents and foundling hospitals of Italy, termed  later period, during the time of the emperors, the
rote, so that any particular beast co-ld be removed  word was used to express any collection of laws
fiom its den into the arena merely by turning it or constitutions of the emperors, whether made by
round, and without the possibility of more than  private individuals or by public authority.  See
one escaping at the same time; and therefore it is  the following articles.
recommended by Varro (1. c.) as peculiarly adapted    The diminutive codiciilns, or rather codicilli, was
for an aviary, so that the person could go in and  used much in the same way as codex. It originally
out without affording the birds an opportunity of signified tablets of the kind described above, and
flying away. Schneider (in Ind. Script. R. R. s. v. was subsequently employed to indicate any small
Cavea), however, maintains that the cochlea in  book or documnent, made either of parchment or
question was nothing more than a portcullis (cate-  paper.  (Cic. Phil. viii. 10, ad Fans. vi. 18; Suet.
plhrecta) raised by a screw, which interpretation  Claud. 29.)  Respecting its meaning in connlecdoes not appear so probable as the one given  tion with a person's testament, see TESTAMENabove.                                 [A. R.]    TUM.                                     [L. S.]
CO'CHLEAR (IoCXO dpLov) was a kind of spoon,    CODEX  GREGORIA'NUS and HERMOwhich appears to have terminated with a point at  GENIA'NUS.  It does not appear quite certain
one end, and at the other was broad and hollow  if this title denotes one collection or two colleclike our own spoons.  The pointed end was used  tions. The general opinion, however, is, that there
for drawing snails (cochleae) out of their shells, and  were two codices compiled respectively by Gregoeating them, whence it derived its name; and the  rianus and Hermogenianus, who are sometimes,
broader part for eating eggs, &c.  Martial (xiv. though incorrectly, called Gregorias and Hermo121) mentions both these uses of the cochlear, -   genes.  The codex of Gregorianus was divided
%" Sum cochleis habilis nec sum minus utilis ovis."  into books (the number of which is not known), and
(Compare Plin. H. N. xxviii. 4; Petron. 33.)      the books were divided into titles. The fragments
Cochlear was also the name given to a small of this codex begin with constitutions of Septinmius
measure like our spoonful. According to Rhemnius  Severus, A. D. 196, and end with those of Diocletian
Fannius, it was -  of the cyathus.                 anld Maximian, A. D. 285-305.  The codex of
COCHLIS, which is properly a diminutive of Hermogenianus, so far as we know  it, is only
cochlea, is used as an adjective with columna, to  quoted by titles, and it only contains constitutions
describe such columns as the Trajan and An-  of Diocletian and Maximian, with the exception of
tonine; but whetler the term was used with re-  one by Antoninus Caracalla; it may perhaps have
ference to the spiral staircase within the column, consisted of one book only, and it may'have been
or to the spiral bas-relief on the outside, or to  a kind of supplement to the other. The name Herboth, cannot be said with certainty.  (P. Vict. de  mogenianus is always placed after that of GregoriRegion. Urb. Rooz. 8, 9.)                          anus when this code is quoted.  According to the
Pliny applies the word also to a species of Consultationes, the codex of Hermogenianus also
gem  found in Arabia.    (HI. N. xxxvii. 12. contained constitutions of Valens and Valentinian
s. 74.)                                [P. S.]    II., which, if true, would bring down the compiler
CODEX, dim. CODICILLUS, is identical with  to a time some years later than the reign of Concaudex, as Claoudius and Clodibts, clautstrumst  and  stantine the Great, under whom it is generally asclostruan, cauda and coda.  Cato (cup. Front. Epist.  sumed that he lived.  These codices were not
cad 11. 1Anton. i. 2) still used the form  caudex in  made by imperial authority; they were the work
the same sense in which afterwards codex was used  of private individuals, but apparently soon came to
exclusively.  (Compare Ovid. llfetam. xii. 432.)  be considered as authority in courts of justice, as is
The word originally signified the trunk or stem of shown indirectly by the fact of the Theodosian and
a tree (Virg. Georg. ii. 30; Columella, xii. 19; Justinian codes being formed on the model of the
Plin. H. NV. xvi. 30), and was also applied to  Codex Gregorianus and Hermogenianus.  (Zimdesignate anything composed of large pieces of meln, Gesclichte des R;lmischen Privatrechts, Heidel.
wood, whence the small fishing or ferry boats on  1826; Hugo, Lehrbuch der Geschiclte des RBM.
the Tiber, which may originally have been like  Rechls, Berlin, 1832; Frag. Cod. Greg. et Hernz.
the Indian canoes, or were constructed of several in Schulting's Jurisprudlentia Vet. &c., and in the
roughly hewn planks nailed together in a rude and  Jots Civile Azntejustin. Berol. 1815; BMcking, Insimple manner, were called snaves caudicaricae, or stilutionen.)                          [G. L.]
codicariae, or caudiceae.  (Fest. and Varro, ca.    CODEX JUSTINIANE'US.  In February of
Noniunz, xiii. 12; Gellius, x. 25.)  The surname  the year A. D. 528, Justinian appointed a conmmisof Caudex given to Appius Claudius must be  sion, consisting of ten persons, to make a new coltraced to this signification.  But the name codex  lection of imperial constitutions.  Among these ten
was especially applied to wooden tablets bound  were Tribonianus, who was afterwards employed
together and lined with a coat of wax, for the  on the Digesta and the Institutiones, and Theopurpose of writing upon them, and when, at a later  philus, a teacher of law at Constantinople.  The
age, parchment or paper, or other materials were  commission was directed to compile one code from
substituted for wood, and put together in the  those of Gregorianus, Hermogenlanus, and Theoshape of a book, the namne of codex was still ap-  dosius, and also from the constitutions of Theoplied to them. (Cic. Vefr. ii. 1, 36; Dig. 32. tit. 1.  dosius made subsequently to his code, from those.522; Sueton. Auzg. 101.)  In the time of Cicero  of his successors, and friom  the constituticns.of




302                CODEX.                                           CODEX.
Justinian hiniself.  The instructions' given to the  following  books of the Code, the ninth ilrcluded,
commissioners empowered them to omit unneces  correspond respectively, in a general way, to the
sary preambles, repetitions, contradictions, and  following parts of the Digest.  Some of the conobsolete matter; to express the laws to be derived  stitutions which were in the first edition of the
from the sources above mentioned in brief lan-  Code, and are referred to in the Institutiones, have
guage, and to place them under appropriate titles; been omitted in the second edition. (Instit. 2. tit.
to add to, take from, or vary, the words of the old  20. s. 27; 4. tit. 6. s. 24.) Several constitutions,
constitutions, when it might be necessary; but to  which have also been lost in the course of time,
retain the order of time in the several constitutions, have been restored by Charondas, Cujacius, and
by preserving the dates and the consuls' names, Contius, from the Greek version of them.  (Zimand also by arranging them under their several mern, &c.; Hugo, Lehrbuch der Geschichte des Ront.
titles in the order of time.  The collection was to  Recetds, &c.; Bicking, JInstitutionen.)   [G. L.]
include rescripts and edicts, as well as constitu-    CODEX  THEODOSIA'NUS.  In the year
tiones properly so called.  Fourteen months after 429, Theodosius IT., commonly called Theodosius
the date of the commission, the code was completed  the younger, appointed a commission, consisting of
and declared to be law (16th April, 529) under  eight persons, to form into a code all the edicta and
the title of the Justinianeus Codex; and it was de- generales constitutionesfrom the time of Constantine,
dared that the sources from which this code was  and according to the model of the Codex Gregoderived were no longer to have any binding force, rianus and Hermogenianus (ad sismsilitudiznem Greand that the new code alone should be referred to  goriacni et Hermogen iani Codicis).  In 435, the
as of legal authority.  (Constit. de Justin. Cod. instructions were renewed or repeated; but the
Confirmzando.)                                   commissioners were now sixteen in number. AntiThe Digesta or Pandectae, and the Institutiones, ochus was at the head of both commissions. It
were compiled after the publication of this code, seems, however, to have been originally the design
subsequently to which fifty decisiones and some  of the emperor not only to make a code which
new constitutiones also were promulgated by the  should be supplementary to, and a continuation of,
emperor.  This rendered a revision of the code  the Codex Gregorianus and Hermogenianus; but
necessary; and accordingly a commission for that also to compile a work on Roman law from the
purpose was given to Tribonianus, to Dorotheus, a  classical jurists, and tile constitutions prior to those
distinguished teacher of law at Berytus in Phoenicia, of Constantine.  However this may be, the first
and three others. The new code was promulgated  commission did not accomplish this, and what we
at Constantinople, on the 16th November 534, and  now have is the code which was compiled by the
the use of the decisiones, the new constitutiones, second commission. This code was completed, and
and of the first edition of the Justinianeus Codex, promulgated as law in the Eastern empire in 438,
was forbidden. The second edition (seczunda editio, and declared to be the substitute for all the constirepetita praelectio, Codex repetitae pracelectionis) is  tutions made since the time of Constantine.  In
the code that we now possess, in twelve books, the same year (438) the code was forwarded to
each of which is divided into titles: it is not known  Valentinian III., the soin-in-law of Theodosius, by
how many books the first edition contained. The  whom it was laid before the Roman Senate, and
constitutiones are arranged under their several titles, confirmed as law in the Western empire.  Nine
in the order of time and with the names of the em- years later Theodosius forwarded to Valentinian
perors by whom they were respectively made, and  his new constitutions (zovelleze constitutiones), which
their dates.                                     had been made since the publication of the code;
The constitutions in this code do not go further and these also were in the next year (448) proback than those of Hadrian, and those of the im- mulgated as law in the Western empire.  So long
mediate successors of Hadrian are few in number; as a connection existed between the Eastern and
a circumstance owing in part to the use made of Western empires, that is, till the overthrow of the
the earlier codes in the compilation of the Justinian  latter, the name Novellae rwas given to the concode, and also to the fact of many of the earlier  stitutions subsequent to the code of Theodosius.
constitutions being incorporated in the writings of The latest of these Novellae that have come down
the jurists, from which alone any knowledge of to us are three of the time of Leo and Anthemius,
many of them  could be derived.  (Constit. De  A. D. 468.
EEmendatione Cod. Dom. Justin.)                    The Codex Theodosianus consists of sixteen
The constitutions, as they appear in this code, books, the greater part of which, as well as his
have been in many cases altered by tile compilers, Novellae, exist in their genuine state. The books.
and consequently, in an historical point of view, are divided into titles, and the titles are subthe code is not always trustworthy.  This fact divided into constitutiones or laws. The valuable
appears from a comparison of this code with the  edition of J. Gothofredus (6 vols. fol. Lugd. 1665,
Theodosian code and the Novellae.  The order of re-edited by Ritter, Lips. 1736-1745, 6 vols. fol.)
the subject-matter in this code corresponds, in a  contains the code in its complete form, except the
certain way, with that in the Digest.  Thus the  first five books, for which it was necessary to use
seven parts into which the fifty books of the  the epitome contained in the Breviarium [BREVIADigest are distributed, correspond to the first nine  rivM].  This is also the case with the edition of
books of the Code.  The matter of the three last this code contained in the Jius Civile Antejustininiabooks of the Code is hardly treated of in the  nesum of Berlin, 1815.  But the recent discovery
Digest. The matter of the first book of the Digest of a MS. of the Breviarium, at Milan, by Clossius,
is placed in the first book of the Code, after the  and of a Palimpsest of the Theodosian code at
law relating to ecclesiastical matters, which, of Turin by Peyron, has contributed largely both to
course, is not contained in the Digest; and the  the critical knowledge of the other parts of this
three following books of the first part of the Digest code, and has added numerous genuine constitucorrespond to the second book of the Code.  The  tions to the first five books, particularly tc the




,COENA.                                           COENA.:303
first.  Hainel's discoveries also have added to our adapting the one to the other.  Athenaeus (i. p. 8)
knowledge of the later books, and his edition of the  who has entered fully into the subject, remrarks on
Ti'heodosian Code, Bonn, 1837, 4to, is the latest the singular simplicity of the Homeric banquets,
and the best.                                    in which kings and private men all partake of the
The extract or epitome of the first five books in  same food.  It was common even for royal personthe Breviarium is very scanty; 262 laws, or frag- ages to prepare their own meals (11. ix. 206-218;
ments of laws, were omitted, which the discoveries  compare Gen. xxvii. 31), and Ulysses (Od. xv.
of Clossius and Peyron reduced to 200.  More re-  322) declares himself no mean proficient in the
cent discoveries by Carlo Baudi a Vesme at Turin  culinary art -
will add to the 6th, 8th, 9th, 1 0th, and 16th books.   rIIp T9 ed mnrloalt, taa 3 Se vAa aav&a Kcdcrat
The Novellae Constitutiones anterior to the time  Aarpetp af Tre v  eal r oxT7fat Kal ovoXoi77al.
of Justinian are collected in six books in the Jus
of Justinian are collected in six books in the Jus  Three names of meals occur in the Iliad and Odyssey
Civile Antjetustinianeun, Berlin, 1815, and  in
Htinel's more recent edition.                    -epie-ov, 3EO', 3oprov.  This division of the
The commission of Theodosius was empowerec   meals is ascribed, in a fragment of Aeschylus
to arrange the constitutiones according to their  quoted by Athenaeus (i. p. 11), to Palamedes.
subject, and under each subject according to the  The word          uniformly means the early (
order of time; to separate those which con-  7o0i, Od. xvi. 2) as adpsros does the late meal; but
tained different matter, and to omit what was not 8ei7rvov, on the other hand, is used for either (II.
essential or superfluous.  The arrangement of the. 381,  d. xvii. 170), apparently without any
reference to time. We should be careful how-'Iheodosian code differs in the main front that of
the code of Justinian, which treats of jus ecclesi- ever, how we argue from the unsettled habits of a
asticum in the beginning, while that of Theodosius  camp to the regular customs of ordinary life.
in the first book treats chiefly of offices; and the     From numerous passages in the Iliad and Odyssey
second, third, fourth, and beginning of the fifth book  it appears to have been usual to sit during  ealtimes. In the palace of Telemachus, before eating
treat of jus privatum.  The order here observed, t. In the palace of Telemachs, before eating
as well as in the code which it professed to follow
as a model, was the order of the writers on the  stranger, the XEpve* or lustral water " in a golden
praetorian edict.  The eighth book contains the  pitcher, pouring it over a silver vessel."  (Od. i.
laws as to gifts, the penalties of celibacy, and that  136.)  Beef, mutton, and goat's flesh were the
relating to the jus lib-roruim.  The ninth book  ordinary meats, usually eaten roasted; yet from the
begins with crimes.  The laws relating to the  lies (II. XXi. 363)
Christian church are contained in the sixteenth     s 6I hi      EVLOY  iresyivos s  rpl 7orX,
and last book.  It is obvious from the circum-   K YiroJ tSijiEiYOS   &CrEomoTpeie'os o'0iAoo,
stances under which the Theodosian and Justinian  we learn that boiled meats were held to be far from
codes were compiled, and from a comparison of them, unsavoury.  Cheese, flour, and occasionally fruits,
that the Justinian code was greatly indebted to the  also formed part of the Homeric meals. Bread,
Theodosian. TheTheodosian code was also the basis  brought on in baskets (II. ix. 217), and salt (&As,
of the edict of Theodoric king of the Ostrogoths; to which Homer gives the epithet re6os), are menit was epitomised, with an interpretation, in the  tiolied: from  Od. xvii. 455, the latter appears,
Visigoth Lex Romaiia [BREVIARIUM]; and the  even at this early period, to have been a sign of
Burgundian Lex Romana, commonly called Papiani hospitality; in Od. xi. 122, it is the mark of a
Liber Responsorum, was founded upon it. [G. L.]  strange people not to know its use.
CODICILLUS.  [ConDEX.]                           Each guest appears to have had his own table,
CODON (icc8iwv),a bell. [TixTINNABULUUaI.] and he who wvas first in rank presided over the
COERMPTIO.  [MATRInMONlJUM.]                  rest. Menelaus, at the marriage feast of Hermione,
COENA (6esrVoV), the principal meal of the  begins the banquet by taking in his hands the side
Greeks and Romans, corresponding to our dinner, of a roasted ox and placing it before his friends,
rather than supper.  As the meals are not always  (Od. iv. 65.)  At the same entertainment music
clearly distinguished, it will be convenient to give  and dancing are introduced:- " The divine mina brief account of all of them under the present strel hymned to the sound of the lyre, and two
head.                                           tumblers (KCv@t177mprP e) began the festive strain,
1. GREEK.-The materials for an account of wheeling round in the midst." It was not beneath
the Gieek meals, during the classical period of the notions of those early days to stimulate the
Athens and Sparta, are almost confined to in- heroes to battle (I1. xii. 311),
cidental allusions of Plato and the comic writers.                    
Several ancient authors, termed  enrnvdAo~yoo, are.E:pr're, KpEaQlX  Tr   3' 7rte ois ierro,
mentioned by Athenaeus; but, unfortunately, their and Ajax on his return from  the contest with
writings only survive in the fragments quoted by  Hector is presented by  Agamemnon with the
him.  His great work, the Deipnosophists, is an  v'Cra e6veiera.
inexhaustible treasury of this kind of knowledge,    The names of several articles of the festive board
but ill arranged, and with little attempt to dis- occur in the Iliad and Odyssey.  Knives, spits,
tinguish the customs of different periods.       cups of various shapes and sizes, bottles made of
The poems of Homer contain a real picture of goat-skin, casks, &c., are all mentioned.  Many
early manners, in every way worthy of the anti-  sorts of wine were in use among the heroes; some
qelarian's attention.  As they stand apart from all of Nestor's is remarked on as being eleven years
other writings, it will be convenient to exhibit in  old.  The Maronean wine, so called from Maron,
one view the state of things which they describe. a hero, was especially celebrated, and would bear
It is not to be expected that the Homeric meals at mingling with twenty times its own quantity of
all agree with the customs of a later period; in-  water. It may be observed that wine was seldom,
deed it would be a more waste of time to attempt if ever, drunk pure.  When Nesteor and Machaon




,O04                COENA.                                             COENA.
sBit down together, " a woman," like unto a god-?pte-rov, was from  nine o'clock till noon.  This
dess, sets before them  a polished table, with a  agrees with the account of Aristophanes (Vesp.
brazen tray, e7rl 3e tcp6,lov, 7rdTCO  i ov. Then she  605-612), who introduces Philocleon describing
mningles a cup of Pramnian wine in Nestor's own  the pleasure of returning home after attending the
goblet, and cuts the cheese of goat's milk with a  courts, and partaking of a good  ptLo'To.  The
steel knife, scattering white flour over it.  The  courts of justice could scarcely have finished their
guests drank to one another: thus the gods (IW. iv. sittings by nine o'clock.  Timaeus also defines
4)  ELrE`XaTr' &AAh7Xovs, and  Ulysses pledged  8eiXl 7rpcwta, which we know to have been the
Achilles, saying, Xap','AXINeD (Ii. ix. 225). Wine  early part of the afternoon [Dles], as the time
was drawn from  a larger vessel [CRATER] into  before the?p:T-rov.  The &pioroz, was usually a
the cups from  which it was drunk, and before  simple meal, hut of course varied according to the
drinkinlg, libations were made to the gods by pour-  habits of individuals.  Thus Ischomachus, in deIng some of the contents on the ground. (11. vii. scribing his mode of life to Socrates, who greatly
480.)                                              approves of it, says,'Aptmcr o'o-a f.r'e icevbs 1cu7'rE
Thi interesting scene between Ulysses and the  i.yav'7rX'pr-s 3rnJepEseuv (Xen. Oecon. xi. 18).
swineherd (Od. xiv. 420) gives a parallel view of    The principal meal, however, was the 5e77rvov.
early manners in a lower grade of life.  After a  It was usually taken rather late in the day, frewelcome has been given to the stranger, " The  quently not before sunset.. (Lysias, c. EEratostlh.
swineherd cleaves the wood, and they place the  p. 26.)  Aristophanes (Ecel. 652) says,
swine of five years old on the hearth.  In the:el 8E ILPEXiOEI,
goodness of his heart, Eumaeus forgets not the im-   Be         reral...                   0................ rap,    a} tcdKrouv  Tb GrotxEo,  Xt7rapbv Xwop-~7
mortal gods, and dedicates the firstling lock with a
prayer for Ulysses's return.  He next smites the
animal with a piece of cleft oak, and the attend-  But in order to ascertain  the time meant by
ints singe off the hair. He then cuts the raw meat aEItCcrovu  7'b OTOLXezoi, the reader is referred to
all round from the limbs, and laying it in the rich  the article HOROLOvIUM.
fist, and sprinkling flour upon it, throws it on the    The Athenians were a social people, and were
fire as an offering (&IrapXy) to the gods, the rest very fond of dining in company.  Entertaillments
the attendants cut up and pierce with spits, and  were usually given, both iii the heroic ages and
having cooked it with cunning skill, draw off all, latter times, when sacrifices were offered to the
and lay the mess on the tables.  Then the swine-  gods, either on public or private occasions; and
herd stands up to divide the portions, seven por- also on the anniversary of the birthdays of niemtions in all, five for himself and the guests, and  hers of the family, or of illustrious persons, whether
one apiece to Mercury and the nymphs."             living or dead.  Plutarch  (Syrpm.   viii. 1.  ~ 1)
There is nothing more worthy of remark in the  speaks of an entertainment being given on the
Homeric manners than the hospitality shown to  anniversary of the birthdays both of Socrates and
strangers.  Before it is known who they are, or Plato.
whence they come, it is the custom of the times to    When young men wished to dine together they
give them a welcome reception. (Od. i. 125, &c,)  frequently contributed each a certain stun of money,
When Nestor and his sons saw  the strangers,  called o-vmuoA7i, or brought their own provisions'They all came in a crowd and saluted them with  with them.  When the first plan was adopted,
tilhe hand, and made them sit down at the feast on  they were said &iurb ovuCtGo~Xh aervme7?, and one
the soft fleeces by the sea shore."                individual was usually entrusted with the money
The Greeks of a later age usually partook of to procure the provisions, and make all the nlecesthree meals, called aKcpcrirVmua,plr'ov, and 3e7rrov. sary preparations.  Thus we read  in  Terence
The last, which corresponds to the ao'prov of the  (Ezunuch, iii. 4) -
HIomeric poems, was the evening meal or dinner;  "        aliquot adolescentuli coimus in Pirneo,
the 6pto'roV was the luncheon; and the a&KpdT1'ta.
the pnsro' waers to the   Epluncheon; and the &icpd)   In hunc diem ut de symbolis essemus. Chacream
which answers to the?topprom, of Homer, was the ei rei
early meal or breakfast.                             Praefecimus: dati annuli: locus, tempus constiThe a&cKp'rTITa was taken immediately after.1,                   taturn est."
rising in the morning (et elovs', Iem'Ve, Aristoph.
Aves, 1286). It usually consisted of bread, dipped  This kind of entertainment in which each guelst
in unmixed wine (tricparos)5 whence it derived  contributed to the expense, is mentioned in Homer
its name. (Plut. Syemp. viii. 6. ~ 4; Schol. ad  (Od. i. 226) under the name of epavos.
Tleoc?. i. 51; Athenaeus, i. p. 1 1.)         -      An entertainment in which each person brought
Next followed the 6ipwTrov or lunncheon; but the  his own provisions with him, or at least contime at which it was taken is uncertain.  It is  tributed something to the general stock, was called
frequently mentioned in Xenophon's Analbasis,   es-nvov ao&'b orupil8os, because the provisions were
and appears to have been taken at different times, brought in baskets. (Athen. viii. p. 365.) This kind
as would niaturally be the case with soldiers in  of entertainment is also spoken of by Xenophon
active service.  Suidas (s. i. Aersvov,) says that it (A3les. iii. 14. ~ 1).
was taken about the third hour, that is about nine    The most usual kind of entertainments, howo'clock in the morning; but this account does not ever, were those in which a person invited his
agree with the statements of other ancient writers.  friends to his own house. It was expected that they
We may conclude from  many circumstances that  should come dressed with more than ordinary care,
this meal was taken about the middle of the day,  and also have bathed shortly before; hence, when
and that it answered to the Roman p'ransdizen7 as  Socrates was going to an enltertainment at AgaPlutarch (Synmp. viii. 6. ~ 5) asserts.  Besides  thon's, we are told that he both washed and put
which the time of the wrXiOovcoa U.'yop', at which  on his shoes, -things which he seldom did. (Plato,
provisiois seem  to have  been  bought for the  Sy1np. c. 2. p. 174.) As soon as the guests arrived




COENA.                                             COENA.                   303
at the house of their host, their shoes or sandals  their fingers on pieces of bread, called 3&ro/cyacAtrt.
wre taken off by the slaves, and their feet washed  (Pollux, vi. 93.)  They did not use any cloths or
(luroA.Eiv and &7rovsiew.)  In ancient works of napkins; the XetlpaKKrpa and  elAaTyEZa, which
art we frequently see a slave or other person re. are sometimes mentioned (Pollux, 1. c.), were towels,
presented in the act of taking off the shoes of the  which were only used when they washed their
guests, of which an example is given, from a terra  hands.
cotta in the British Museum, in p. 308.  After    It appears that the arrangement of the dinner
their feet had been washed, the auests reclined on  was entrusted to certain slaves. (Plato, Srnp. c. 3.
the altval or couches (Kal E    ~o- E/ P 7rovi'oieLV  by  p. 175.)  The one who had the chief management
7ra?%a,'ia KaTaKeoItro, Plato, Sy np. c. 3. p. 175).  of it was'called rpaereCo7ro0ds  or -'paerscodcJos
It has already been remarked that Homer never  (Athen. iv. p. 170, e.; Pollux, iii. 41, vi. 13).
describes persons as reclining, but always as sitting  It would exceed the limits of this work to give
at their meals; but at what time the change was  an account of the different dishes which were inintroduced is uncertain.  Muiller (Dorians, iv. 3. troduced at a Greek dinner, though their number
~ 1) concludes from a fragment of Alcmnan, quoted  is far below those which were usually partaken
by Athenaeus (iii. p. 111), that the Spartans were  of at a Roman entertainment.  The most common
accustomed to recline at their meals as early as the  food among the Greeks was the cxdCa (Dor. /aeSta),
time of Aleman.  The Dorians of Crete always  a kind of frumenty or soft cake, which was presat; but the Athenians, like the Spartans, were  pared in different ways, as appears by the various
accustomed to recline.  The Greek women and  names which were given to it. (Pollux, vi. 76.)
children, however, like the Roman, continued to  The /uacca is frequently mentioned by Aristophanes.
sit at their meals, as we find them represented in  The qvra i j/d'a, of which Philocleon partakes on
ancient works of art.                              returning home from  the courts (Aristoph. Vesp.
It was usual for only two persons to recline on  610), is said by the Scholiast to have been made
each couch.  Thus Agathon says to Aristodemus, of barley and wine.  The Edcia continued to the."u 5','ApI'rT87urlCe, 7rap''EpvtSLaxov KaTacXMvov: latest times to be the common food of the lower
and to Soerat:es, Ae7po,:4KpaTe-s, rap' 44~ Kaed- classes.  Wheaten or barley bread was the second.Kceso (Plato, Syepin. c. 3, 4. p. 175).  Also at a  most usual species of food; it was sometimes made
banquet given by Attaginus of Thebes to fifty  at horne, but more usually bought at the market of
Persians and fifty Greeks, we are told that one  the &p ro7'CrhA  or  ppTo)7r6AMeYs.  The vegetables
Persian and one Greek reclined on each couch. ordinarily eatenr were Inallows (/aa'aXV7), lettuces
In ancient works of art we usually see the guests  (apiat), cabbages  ()dcpasvo),  beans (KUca/Lo),
represented in this way; bhut sometimes there is a, lentils ((paKa?), &c.  Pork was the most favourite
larger number on one long KcAvrl: see the cut animal fbod, as was the case among the Romans;
under the article SyMPsosIUM.  The manner in  Plutamrch (Sip p. iv. 5. ~ 1) calls it' $&KOat6asl-roY
which they reclined, the oXJua/a 7'rs KaTaKieXLoEs, Kpeas.  Sausages also were very commonly eaten.
as Plutarch (Syrup. v. 6) calls it, will be under-  It is a curious fact, which Plato (De Rep. iii.
stood by referring to the woodcut already men- c. 13. p. 404) has remarked, that we never read
tioned, where the guests are represented reclining  in Homer of the heroes partaking of fish. In later
with their left arms on striped piIlowvs (b1raeytcc6va), times, however, fish was one of the most favourite
and  having  their right free; whence Lucian  foods of the Greeks, insomuch so that the name of
(Lexirph. c. 6) speaks of Eir' &ayscCvos 8ELMrseTE.  6ove was atpplied to it ieKa' oxftiV.  (Athen. vii.
After the guaests had placed themselves on the  p. 276, e.)  A minute account of the fishes which
KsMvat, the slaves brought in water to wash their the Greeks were accustomed to eat, is given at the
hands (i3wp Kara Xelp6s e30'n).  The subsequent end of the seventh book of Athenaeus, arranged in
proceedings of the dinner are briefly described in  alphabetical order.
two lines of Aristophanes (J'esp. 1216),             The ordinary meal for the family was cooked
VT8wp Scalar X:pG dse T&S Tpaeireas fE1Cp1ELV    by the mistress of the house, or by the female
tE7zI~V5UEV /LO5 Ev5,.'         -V 7rerS0jwEY.  slaves under her direction; but for special occasions professional cooks (/yfyelpot) were hired, of
The dinner was then served up; whence we read  whom there appear to have been a great number.
in Aristophanes, and elsewhere, of ia's rparrefas  (Diog. LauIrt. ii. 72.)  They are frequently meneeep'pesv, by which expression we are to under- tioned in the fragments of the comic poets; and
stand not merely the dishes, but thie tables them- those who were acquainted with all the refineselves. (Pliiloxen. up. Athen. iv. p. 146, f.) It ap-  ments of their art were in great demand in other
pears that a table, with provisions upon it, was parts of Greece besides their aown country.  The
placed before each Kcilv r: and thus we find in all Sicilian cooks, however, had the greatest reputaancient works of art, which represent banquets or tion (Plato, De Rep. iii. c. 13. p. 404), and a
symposia, a small table or tripod placed before the  Sicilian book on cookery by one Mithaecus is
teMvV, and when there are more than two persons  mentioned in the Gorgias of Plato (c. 156. p. 518.
on the itexvi, several of such tables. These tables  Compare Maxim. Tyr. Diss. iv. 5); but the most
are evidently small enough to be moved with  celebrated work on the subject was the ra-Tpaoease.                                              Aoyfa of Archestratus.  (Athen. iii. p. 104. b.)
In eating, the Greeks had no knives or forks,    A dinner given by an opulent Athenian usually
but made use of their fingers only, except in eat-  consisted of two courses, called respectively 7rp-rae
ing soups or other liquids, which they partook of  rpA7r(eat and  tsr'epat rpdirecat.  Pollux (vi. 83),
by means of a spoon, called pvauTrIA1, cbo-rpov, or  indeed, speaks of three courses, which was the
dumr'pos. Sometimes they used instead of a spoon, number at a Roman dflieer; and in the same
a hollowed piece of bread, also called /uv'eT'Ar/. way we find other writers under the Roman
(Pollux, vi. 87, x. 89; Aristoph. Equit. 1164; empire speaking of three courses at Greek dinSuidas, s. v. uuisl-.reA.)  After eating they. wiped hers; but before the Roman conquest of Greece
x




:306                COENA.                                             COENA.
and the introduction of Roman customs, we only  agreeably with Seneca's account (Elp. 84), Panis
read of two courses.  The first course embraced  deinde siccits et sine mensa prandiumn, post quord
the whole of what we consider the dinner, namely, non, sunt lavandae  sag2ius.  From  the latter pasfish, poultry, meat, &c.; the second, which cor-  sage we learn incidentally that it was a hasty
responds to our dessert and the Roman bellaria, meal, such as sailors (Juv. Sat. vi. 101) and soldiers
consisted of different kinds of fruit, sweetmeats,  (Liv. xxviii. 14) partook of when on duty, withconfections, &c.                                   out sitting down.  The prandiunm seems to ha\ve
W5hen the first course was finished the tables  originated in these military meals, and a doubt has
were  taken  away  (a'{pesv, a7raCpeLw,   ratipelV, been entertained whether in their ordinary life the
d&.aipct, ElPi p, eppe O, ard(elv 7ra  pasrECas), and  Romans took food more than once in the day.
water was given to the guests for the purpose of Pliny (Ep. iii. 5) speaks of Aufidius Bassus as folwashing their hands.  Crowns made of garlands of lowing the ancient custom in taking luncheon; but
flowers were also then given to them, as well as  again (Ep. iii. 1), in describing the manners of an
various kinds of perfumes. (Philyll. op. Athenz. ix. old-fashioned person, he mentions no other meal
p. 408, e.)  Wine was not drunk till the first  but the coena.  The following references (Sen. Ep.
course was finished; but as soon as the guests  87; Cic. ad Att. v. 1; Mart. vi. 64) seem to prove
had washed their hands, unmixed wine was intro-  that luncheon was a usual meal, although it canduced in a large goblet, called sUErs~dYo1rTov or Jes'a-  not be supposed that there were many wh,, like
Yu7rTpiS, of which each drank a little, after pouring  Vitellins, could avail themselves of all the various
out a small quantity as a libation.  This liba-  times which the different fashions of the day altion was said to be made to the " good spirit"  lowed (Suet. Vit. 13).  It would evidently be
(&yaoo6  aaiuoovos), and was usually accompanied  absurd,  however, to lay down uniform  rules for
with the singing of the pa-an and the playing of matters of individual caprice, or of fashion at best.
flutes.  After  this  libation  mixed  wine  was    The prandiunz, called by Suetonius (Augy. 78)
brought in, and with their first cup the guests  cibus meridianus, was usually taken about twelve
drank to Atls:oTrWipos. (Xen. Synp. ii. I; Plato,  or one o'clock.  (Suet. Cal. 58, Claud. 34.)  For
Syinp. c. 4. p. 176; Died. Sic. iv. 3; Suidas, s. v. the luxurious palate, as we gather incidentally'A'yaOoO Aealiovos.) With the esroviai, the aEnrvo'oe  from Horace's satires, very different provision was
closed; and at the introduction of the dessert made from what was described above as his own
(6EdV'epal rpa-7rE'aL) the  7rdros,  u/evlmrdetov, or  simple repast.  Fish was a requisite of the table
ceueos commenced, of which an account is given in  (Sat. ii. 2. 16)the article SYMPOSIUM.  (Becker, Chzarikles, vol. i.      Foris est promus, et atrum
pp. 411-4560.)'Defendens pisces hyemat mare,"
2. ROMAN.  In the following account of Roman
meals, we take the ordinary life of the middle ranks  to which the choicest wines, sweetened with the
of society in the Augustan age, noticing incidentally  finest honey, were to be added -
the most remarkable deviations, either on the side             " Nisi Hymettia mella Falerno
of primitive simplicity or of late refinement.          Ne biberis diluta,"
The meal with which the Roman sometimes bewhich latter practice is condemned by the learned
gan the day was the jentaculumn, a word derived,
as Isidore would have us believe, ajjnio  solendo,  gastronomer (Sat. ii. 4. 26), who recommends a
and answering to the Greek ahcpailou a.  Festusweakerixture
tells us that it was also called prandiatda or silatueem.           " Leni praecordia mulso
Though by no means uncommon, it does not ap-            Prolueris melius,"
pear to have been usual, except in the case of
children, or sick persons, or the luxurious, or, as and gravely advises to finish with mulberries fresh
Nonius adds (Do Re Gib. i. 4), of labouring men. gathered in the morning (Ibid. 21-23; see Tate's
An irregular meal (if we may so express it) was  HoTcce, 2nd ed pp. 97-106).
not likely to have any very regular time: two epi-    The words of Yestus, coena aped aitiquos dicegrams of Martial, however, seem to fix the hour at bal  qud naprandimn, have given much trouble
about three or four o'clock'in the morling. (Mart.  to the critics, perhaps needlessly, when we rememEp. xiv. 233, vili. 67. 9.)  Breadi. as we learn  ber the change of hours in our own country.  If
from the epigram just quoted, formed the sitbstan-  we tianslate coea, as according to our notions we
tial part of this early breakfast, to which cheese'ought to do, by " dinner," they describe exactly
(Apul. AMet. i. p. 110, ed. Francof. ]621), or dried  the alteration of our own manners during the last
fruit, as dates and raisins (Suet. Aug. 76) were  century.  The  ao    of the Greek word Esre om,
sometimes added.  The jentacidamn  of Viteliius
somnetimnes added.  The, jenac ae of Vitellius  which, according to Athenaeus, was used in a
(Suet. Vit. c. 7. c. 13) was doubtless of a more  similar way for 6plnTro, also affords assistance.
solid character; but this was a case of monstrous  Another meal, termed szerenda, is mentioned by
luxury.                                            Isidore and Festus, for which several refined disN-ext folloxwed the prandiu   or luncheon, with  tinctions are proposed; but it is not certain that
persons of simple habits a frugal meal -           it really differed from the prandiuns.
The table, which was made of citron, maple-wood,
Quantum interpellet inani                    or even of ivory (Juv. Sat. xi.), was covered with
Ventre diem durare."                        a mantele, and each of the different courses, somneHeor. Sat. i. 6. 127, 128.    times amounting to seven (Juv. Sat. i. 95), served
upon  a fsrcululm  or waiter.  In  the  "rmunda
As Horace himself describes it in another place  supellex" of Horace, great care was taken
(Sat. ii. 2. 17),
S"Ne turpe toral, ne sordida mappa
"Cum sale panis                                 Corruget nares; ne non et cantharus et lanx
Latrantena  stomachum bene. leniet,"          Ostendat tibi te."            Ep. i. 5. 22-24.




COENA.'COENA.'Ju7
And on the same occasion, the whole diimer, which  of a sow served up in milk (sunhen, Ibid. Ep. 44),
consisted of vegetables, was served up on a single  the flitch of bacon (petaso, Ep. 55), the womb of
platter (v. 2).                                    a sow  (cvlva, Ep. 56), are all mentioned by
To r turn to our description, the dinner usually  Martial.  Boar's flesh and venison were also in
consisted of three courses: first, the lroomulsis or  high repute, especially the former, described by
anlecoena (Cic. ad Fain. ix. 20), called also yugstatio  Juvenal (Sat. i. 141) as animnal propter conviviao
(Petron. Sat. 31), made up of all sorts of stimu-  naturi.  Condiments were  added  to  most of
lants to the appetite, such as those described by  these dishes: such were the  sunria, a kind of
Horace (Sat. il. 8. 9),                            pickle made from the tunny fish (Mart. xiii. 103);
" Rapula, lactucae, radices, qualia lassum        the garsin sociorumz, made from  the intestines of
Pervellunt stomachum, siser, alec, faecula Coa."  the maclerel (scomber), so called because Iwought
from abroad; alec, a sort of brine; Ahex, the sedi,
Eggs also (Cic. ad Farin. ix. 20; Hor. Sat. i. 3. 6)  ment of wine, &c., for the receipts of which we
-were so indispensable to the first course that must again refer the reader to Catius's learned
they almost gave a name to it (ab ovo Usque ad  instructor.  (Hor. Scat. ii. 4.)  Several kinds of
snala).  In the prooeulsis of Trimalchio's supper fiszyi (Ibid. v. 20) are mentioned, trufles (boleti),
(Petron. 31) - probably designed as a satire on  mushrooms (tuberes), which either made dishes by
the emperor Nero - an ass of Corinthian brass is  themselves, or formed th, garniture for larger dishes.
introduced, bearing two panniers, one of white,    It must not be supposed that the artistes of iamtle other of black olives, covered with two large  perial Rome were at all behind ourselves in the
dishes inscribed with Trimalchio's name.  Next preparation and arrangements of the table.  In a
come dormice (yliUes) on small bridges sprinkled  large household, the functionaries to whom  this
with poppy-seed and honey, and hot sausages (tomca-  important part of domestic economy was entrusted
clia) on a silver gridiron (craticula), with Syrian  were four, the butler (prosmsis), the cook (arc/iprunes and pomegranate berries underneath. These, m7nairus), the arranger of the dishes (structor),
however, were imperial luxuries; the frugality of and the carver (carptor or scissor).  Carving was
Martial only allowed of lettuce and Sicenian olives; taught as an art, and, according to Petronius (35,
indetd he himself tells us that the prowzsulsis was  36), performed to the sound of nmusic, with approa refinement of modern luxury (Ep. xiii. 14. 1). priate gesticulations (Juv. Sat. v. 121),
Macrobins (Sat. ii. 9) has left an authentic record    Nec minimo sane discrimine refert
of a coesa pontiflcures (see Hor. Cain. ii. 14. 28),
Quo vultu lepores et quo gallilia secetur."
given by Lentulus on his election to the office of
flamen, in which the first course alone was made    In the supper of Petronius, a large round tray
up of the following dishes: — Several kinds of (ferculumn, repositorium) is brought in, with the
shell-fish (eclini, ostreaec  crudae, pelorides, sponlyli, signs of the zodiac figured all round it, upon each
glcoinarides,   zsurices purpurae, bhalani albi et of which the artiste (structor) had placed some apniyri), thrushes, asparagus, a fatted hen (gallina  propriate viand, a goose on Aquarius, a pair of
altilis), beceaficoes (ficezdale), nettles (urticae), scales with tarts (scriblitae) and cheesecakes (plathe haunches of a goat and wild boar (lusbi capra. centae) in each scale on Libra, &c.  In the middle
gini, aprygsi), rich imeats mlade into pasties (altilia  was placed a hive supported by delicate herbage.
iv fJrina sl ioluta),  many of which are twice re-  Presently four slaves come forward dancing to the
peated in the inventory.                           sound of music, and take away the upper part of
It would far exceed the limits of this work even  the dish; beneath appear all kinds of dressed
to mention all the dishes which formed the second  meats; a hare with wings, to imitate Pegasus,
course of a Roman dinner, which, whoever likes, in the' middle; and four figures of Marsyas at the
may find minutely described in Bulengerus.  (De  corners0 pouring hot sauce (gaurunz piperatumz) over
Conviviis, ii. and iii.)  0  birds, the Guinea hen  the fish, that were swimming in the Euripus be(Afa avis), the pheasant (phasiana, so called from  low.  So entirely. had the Romans lost all shame
Phasis, a river of Colchis), and the thrush, were  of luxury, since the days when Cincius, ill supportmost in repute; the liver of a capon steeped in  ing the Fannian law, charged his own age with
milk (Pliny), and beccaficoes (ficedill(e) dressed  the enormity of introducing the porcus Trojn2sus
with pepper, were held a delicacy.  (Mart. iii. 5.)  (a sort of pudding stuffed with the flesh of other
The peacock, according to Macrobius (Sat. ii. 9), animals, Macrob. Sat. ii. 2).
was first introduced by Hortensius the orator, at    The bellaria or dessert, to which Horace alludes
an inaugural supper, and acquired such repute  when he says of Tigellius ab ovo Usque ad smala
among the Roman gourmands as to be com- citaret, consisted of fruits (which the Romans
mouly sold for fifty denarii.  Other birds are  usually ate uncooked), such as almonds (amcyigdlae),
mentioned, as the duck  (anas, Mart. xiii. 52'), dried grapes (uvae passae), dates (palsbnulae, laryoespecially its head and breast; the woodcock  tae, dctySi); of sweetmeats and confections, called
(attagen), the turtle, and flamingo (phoenicopterns, edulia snellita, dulciariat such as cheesecakes (eziMart. xiii. 71), the tongue of which, Martial tells pediae, crustula, liba, placentae, artologani), almond
us, especially commended itself to the delicate  cakes (coptae), tarts (scrilitae), whence the maker
palate.  Of fish, the variety was perhaps still of them was called pistor dulciarius, placentarius,
greater: the charr (scarus), the turbot (lshomibus), fis6bizs, &c.
the sturgeon  (acipenser), the  mullet (smulltus),    We will now suppose the table spread and the
were highiy prized, and  dressed in the most guests assembled, each with his maCppa or napkin
various fashions.  In the banquet of Nasidienus,  (Mart. xii. 29), and in his dinner dress, called
an eel is brought, garnished with prawns swim-  coenatoria or cubitoria, usually of a bright colour
ming in the sauce. (Mart. Xenia, xiii.)  Of solid  (Petron. c. 21), and variegated with flowers. First
meat, pork seems to have been the favourite dish, they took off their shoes for fear of soiling the
especially sucking-pig (Mart. xiii. 41);.the paps  couch (Mart. iii. 30), which was often inlaid with
x.. 2..2....




308                COENA.                                              COENA.
ivory or tortoiseshell, and covered vwith cloth'of    Roman ladies continued the practice of sitting
gold.  Next they laid down to eat'(FHor. Sat. at table, -even after the recumbent position had
i. 4. 39), the head resting on the left elbow -and  become common with rtle other sex.  (Varnro, up.
supported by cushions.  (Mart. iii. 8.)   There  isid. Orig. xx. 11;'Via.'fax. ii. 1. ~ 3.)  It apwere usnually, but not always, three on the same  pears to have been'considered more decent, and
couch (Hor. Sat. i. 4. 86), the middle place being  more agreeable to theseverity: and purity of ancient
esteemed the most honourable.  Around the tables  manners,'for women to sit, more especially if many
stood the servants (ministri) clothed in a tunic  persons were present.:But, on -the other hand, we
(Hor. Sat. ii. 6. 107), and girt with napkins (Suet. find cases of women reclining, where there was
Cal. 21,): some removed the dishes and wiped the  conceived to be nothing bold or indelicate in their
tables with a rough cloth (gausape, Hor. Sat. ii. posture.  In some of the bas-reliefs, representing
8. 11), others gave the guests water for their  the visit of Bacchus to Icar us, Erigone, instead of
hands, or cooled the room  with'fans. (Mart. iii. sitting on the couch,ireclil es upon it in the bosom
82.)  Here stood an Eastern'youth (Juv. Sat. v. of her father.'In 3Juvenal (Sat. ii. 12'0) a bride
55) behind his master's couch,'ready to answer reclines at the nmarriage supper on the bosom of
the noise of the fingers (digiti crepitus, Mart. vi.  her husband; which is illustrated by the following
89), while others bore a large platter (mnazonom7um)  woodcut, taken from Montfaucon (Ant. Exp. SuppI.
of different kinds of meat to the guests. (Hor. Sat. iii. 66).
ii. 8. 86.)
Whatever changes of fashion had taken place
since primitive times, the coena in'Cicero's day
(cd Att. ix. 7) was at all events an evening meal.:     i
It was usual to bathe about two o'Clock aild dine.                 /,'
at three, hours which seem to have been observed,
at Jeast:by the higher classes, long  after the Au- 
gustan  age.  (Mart. iv. 8.'6, xi. 53. 3';'Cic. ad
Fam. ix. 26; Plin. Ep. iii. 1.)'When Juvenal 
mentions two o'clock as a dinner'hour, he evidently means a censure on the luxury of the person
named (Sat. i. 49, 50),
"Exul ab octava Marius'bibit."
In the banquet of Nasidienus, about the same hour
is intended when Horace says to Fundanius,
" Nam mihi quaerenti convivam dictus here illic
De medio potare die."                             It seems intended to represerit'a scene'of perfect
matrimonial felicity.  The husband and wife reHorace and Maecenas used'to dine at a late  dine on a sofa of'rich materials.  A three-legged
hour about sunset.  ('Hor. Sat. ii. 7. 33, Ep. i. table is spread with viands before them.'Their
5, 3.)  Perhaps the various statements of classical two sons are in front of the sofa, one'of'them sitauthors upon this subject can only be reconciled by  ting, in the manner above -described, on:a low
supposing that with the Romans, as with ourselves, stool, and playing with the dog. Several females
there was a great variety of hours in the different and a boy are performing a piece of music for the
ranks of society.                                  entertainment of the married pair.
Dinner was set out in a room called coenaio or    It has been already remarked that, before lying
diaeta (which two words perhaps conveyed to a  down, the shoes or sandals were taken off.  In all
Roman ear.nearly the same distinction as our the ancient paintings and bas-reliefs illustrative of
dining-room  and paflour).  The coenctio, in rich  this subject, we see the guests reclining wit'h naked
men's houses, was fitted up with great magnificence.  feet; and in those of them  which'contain the
(Sen. h4p.'90.) Suetonius (Nero, 31) mentions a
supper-room'in the golden palace of Nero, constructed like a theatre, with shifting scenes to               I 9       V 9   9J                 l
change with every course. In the midst of the
coenatio were set three couches (triclinia), answering in shape to the square, as the long semicircular'       "                               -=
couches (sigmata) did to the oval tables.  An'                 G        -
account' f'the disposition of the couches, and of                       --
the place which each guest occupied, is given in
the {article TRICLeNlIJ.. 
T'he Greeks and Roma.ns were accustomed, in!,  
later times, to recline ait their meals; though this'  |              ( C
practice could not have been of great antiquity in
Greece, since Homer never describes persons as
reclining, but alwaays as sitting, at their meals.
Isidore of Seville (Orig. xx. 11) also attributes
the same practice to the ancient Romans.  Even  
in the time tof the early Roman emperors, children
in families of the highest rank used to sit togeth':r
at an inferior table, while their fathers and elders;e.clied oin couches at the'upper part of the room.           )
Tacit. Ann. xiii 16; Suet. Aug. 65, Claud. 32.)




COGNATI.                                          COLLEGIUM.                   309
favourite subject of the visit of Bacchus to Icarus, dissolved by emancipation, there still remained the
we observe a faun performing for Bacchus this  naturalis cognatio.  The paterfamilias maintained
office.  The preceding woodcut, taken from a terra  his power over his familia so long as he lived, ex
cotta in the British MuseuIn, representing this  cept over those who were emancipated, or passed
subject, both shows the naked feet of Icarts, who, into another familiar or in any way sustained a
has partly raised himself from his couch to welcome  deminutio capitis. On his death, the common bond
his guest, and also that Bacchus has one of his. of the patria potestas was dissolved, and his sons
feet already naked, whilst the faun is in the act of became respectively heads of families; that is, of
removing the shoe from the other.       [B. J]    persons who were in their-power, or; with respect
COENA'CULUM.  [DoMus.]                          to one another, were agnati.  But all these persons
COENA'TIO.  [COENNA, p. 308, a.]                 continued to be members of the same familia; that
COENATO'RIA.  [COENA, p. 307,.b..; SYN-  is, they were still aignati, and consequently the
THESIS.]                                           agnatio subsisted among persons so long as they
COGNA'TI.  The following passage of Ulpian  could trace back their descent through mlales to one
(Frty. tit.'26. ~ 1) will' explain the meaning. of common paterfamilias.
this term: —                                         Agnati, then, may be briefly explained to be
" The hereditates of intestate ingenui belong in  those " who would be in the patria potestas, or in
the first place to th-eir-sui heredes, that is, children  jus, as a wife in wanus viri, or in the manus of a
who are in the power of the parent, and those who  son who is in the father's power, i' the paterfamiare in the place of children (as grandchildren for  lias were alive; and. this is true whether such
instance); i: there are no sui heredes, it belongs to  persons ever were actually so or not."  (Hugo,
the consanguinei, that is, brothers and. sisters by. Lehlrbzch, &c.)
the same father (it. was not necessariy that they     The imperfection. of- an individual, as a living
should be by the same mother); if there are no  being, is completed, First,.by marriage, which unites
consanguinei, it belongs to the remaining- nearest two persons of different sexes in a society for life.
agnati, that is. to the cognati:of the minle sex, who, Second, the imperfection of an individual which
trace their descent through males, and-are of'the  arises from  his limited existence, is completed in
same familia.   And this is provided by a law  the institution of Roman law in the patria potestas,
of the Twelve Tables:-  Si intestato izoriiter cui to which is attached, partly as a further deve!opsuns heres nee escit, agnatus pso uinzus f4ziliame  ment, partly as a more natural or less legal analogy,
hsabeto."                                          kinship: "as a further development in agnatio,
Cogna ti are all those who, according to the Jus  which is only the residuum  of a previous existing
Gentium cr Jus Naturale, are sprung from one per-  patria potestas with crnmstant conltinuation;  as a
son, whether male or female (cognati.. quasi-ex  natural analogy in coguatio, in which the jus genuno nati, Dig. 3-8. tit. 8. s. 1. ~ 1.).  Pure Naturalis  tium  recognises the  community of individuals
Cognuatio exists between a woman, who is not in  which rests on  descent, as the jus civile  in
mannu, and lier children, whether born in marriage  agnatio." (Savigny,, SOtern, &c. vol. i. p. 341, &c.)
or not; and' among all persons who are akii merely    We must suppose- then, in order to obtain a
through the mother, without any respect to mar-  clear notion of agnlatio, that if the male fiom
riage.  Consequently, children of one mother be-  whom  the agnati claim  a common descent were
gotten in marriage, and not begotten in marriage4  alive, and they were all in his power, or in his
and children of one mother begotten ill marriage by  manus, or in the manus of those who are in his
different fathers, are cognati. The natural relation-  power, they would all be agnati.  In order, then,
ship by procreation was called naturalis, as op-  that agnatio  may  subsist among  persons, the
posed to cogntmuio civilis or legitima,  which, though  male from whom the descent is claimed must have
founded on the natumllis coanatio, received fiom  lost his patria potestas by death only, and not by
positive law a distinct character.  This naturalis  any capitis deminutio, and consequn ntly not by
cognatio was often simply called cognatioiand the  any of his children passing into any other patria
civilis or legitima was called- agnatio.  Naturalis  potestas, or into the manes viri, which would in
cognatio then, simply in itself, was no civilis cog-  effect be passing into another agnatio; for a person
natio; but agnatio was. both cognatio inaturalis and  could not at thle same time be an agnatus of two
civilis.                                           altogether different families. Accordingly,'adoption
A correct notion of the term  agnatus cannot be  destroyed thei former agnatio, and the emnancipahad without referring to the notion of the patria  tion of a son took away all his rights of agnatio,
potestas, and to one of the senses of the word  and his former agnati lost all their rights against
familia.  In one sense, then, famlilia signifies all him.
those free persons who are iii the power (in patria    The legal definition (Gaius, iii. 10) that agnati
potestate minave) of the same RIomnan citizen4 who  are those who are connected by legitima cognatio,
was paterfamilias, or head of a familia; and. in  and that legitima cognatio is the cognatio through
this sense fatiilia signifies all those who are united  persons of the male sex, must be viewed solely
in one body by this common bond;  It is a- general  with reference to the natural relation.; for agnatio,
term  which comprehends all the agnati.   The  as a civil institution, comprehended those who were
legitimate children of sons who were not eman-  adopted into the familia; and further, those who
cipated were in the patria potestas, consequently  were adopted out of the familie lost their former
formed part of the  familia,  and were ag-nati.  agnatio.
Adopted children were also in the adoptive father's    The meaning of consanguinei- has already been
power; and consequently were agnati, though they  given by Ulpian.  Those who were of the same
were not naturales cognati.  Accordingly, if the  blood by both parents, were, sometimes called
legal agnatio, which arose from adoption, was dis-  germani; and consanguinei were those who had a
solved by erilancipation, there remained no cognatio:  common father only; and uterini those who had a
but if the agnatio, which arose from cognatio, was  common mother only.




SI! 0COGNATl,                                                      COILLEGIU M.
vi.                                           the distance of the two parties from the colrimonl
Tritaviua                                        ancestor; but in the civil law, the degree of re6.                                           lationship is ascertained by counting from either of
I                                            the two persons to the other through the common
Atavu.                                        ancestor.  All those words on which the same
Atavia.-                                       Roman, or the same Arabic, numerals occur, reAt~tvia5.                                    present persons who are in the same degree of
Piv.                                          cognatio, according to these respective laws, to the
-Abpatrutua,                           person is eave, &c.  (Hugo, Lehlibuch, &c.; MareAbavus,    Abammita,                            zoll, Lehrlsuch, &c.; Dig. 38. tit. 10, De G(radibus,
Abavia.- Abavun. ulus,
Abmatertera.                          &c.; Ulpianus, Frag. ed. Bicking; Bdcking, /c   -
A4..stitztionen.)                                                           [ G. L.]
CO'GNITOR.  [ACTiO.]
-Propatruus,                             COGNO'MEN.  [NOMEN.]
PTroavia,   Prounuita,                             COHERES.  [HERFS.]
Proavia.- Proavunculus
Promatert.-                             COHORS.  [ExERcITUs.]
3.          5.                                  COLA'CRETAE   (KwcoxaKcp&r,  also  called
I.          o. iv                   s        KowXa'ypE'Ta), the name of very ancient magistrates
A -_ Vatrulus,.                 at Aths,, who had the management of all financial
Avus,      Amita,   -Horum,                    matters in the time of the kings.  They are said
Aviater.    AvunceEs,   Filius,                to have derived their name from collecting certain
Mater. SMag.-.   Filia.
2.          4.          6.                   parts of the victims at sacrifices (e -roa &'yiE[pElv
i  TaS KIcoas).  The legislature of Solon left the
- Patre S,                           Colacretae untouched; but Cleisthenes deprived
Pater,     Ainita,  — Propior,                 them of the charge of the finances, which he transMater. -  Aruncldus,   Soabrino,               ferred to the Apodectae, who were established in
Matertera. —, Sobrinave-.!
Matertera. Sobrnae                  their stead.  [APoDEcTAxE.]  From this time the
_._________~i    Colacretae had only to provide for the meals in the
ds EAVE s-Frater,    Cossetaus -SoEbrians,    Prytaleium, and subsequently had likewise to pay
d:e ckijs  — Frater,   Consot-rinus —Sobrin-u,
eogniationel   Sorer,    Consobrina.  Sobrina.   the fees to the dicasts, when the practice of paying
qua-rimr.      2.          4.          6.        the dicasts was introduced by Pericles. (Aristoph.
Vesp. 693, 724, with:Schol..; Etym. M. Phot. HeL.         ii.         iii.                  sych. Suid. Tim.; Rauhnk. ead Tims. flat. Lex. p. 17 1;
Filius,    HForum,       olrum,                 Bdckh, Publ. Econ. of'A thens, p. 173. &c., 2nd ed.)
Filia.      Filia.                   COLLA'TIO BONOSRUM. [BoNoRaUM CoLo.         3.           5.                   LATIO.]! 1,                   IV.                      COLLEGATA'RIUS.  [LEGATUM.]
it.         iii.        iv.
Nepos,    HIorum,.   Horum,                      COLLEGIUI M.    The persons who formed a
Neptis.     Nepos,      Nepos,                  collegium, were called college or sodales.  The
Neptis.     Neptis.                 word collegium properly expressed the notion of
2.          4.          6.
I                                            several persons being united in any office or for
Pronepos,    HrmI.                               any common purpose (Liv. x. 13, 22; Tacit. Ann.
Prouleptis.  Pronepos,                           iii. 31); it afterwards came to signify a body of
Proneptis.                           persons, and the union which bound theln together.
3.          5.                                The collegium was the rmalpia of the Greeks.
iv.         v.                                  The notionof a collegium  was as follows: --
Abnepos,    Horum,                               A collegium or corpus, as it was'also called, must
Abneptis.  RAbmeptiso.                           consist of three persons'at least. (Dig. 50. tit. 16.
4.          6.                               s. 85.)  Persons who legally formed such an association were said copzus hatere, which is equivaAdke'pos,                                       lent to our phrase of being incorporated; and in
Adneptis.                                        later times they were said to be corporati, and the
5.                                           body was called a corporatio.  Those who farmed
the public revenues, mines, or salt works (SClince)
Trinepos,                                        might have a corpus.  The power of forming such
Trilleptis.                                      a collegium  or socictas (for this term  also was
used), was limited by various leges, senatusconThis table shows all the degrees of cognatio. sulta, and imperial constitutions.  (Dig. 3. tit. 4.)'ihe degree of relationship of any given person in  Associations of individuals, who were entitled
this stenlma, to the person with respect to whom  to have a corpus, could hold property in conmthe r lationship is inquired after (is eave, &c.), is mon; they could hold it, as the Roman jurists
indicated by the figures attached to the several remark, just as the state held property (res corn'words.  The Roman numerals denote the degree  munes).  These collegia had a common chest, and
of cognatio in the canon law; and the Arabic  could sue anId be sued by their syndicus or actor.
numerals, the degrees in the Roman or Civil law. That which was due to the collegiu-m or univeisitas
The latter mode of reckoning is adopted in Eiig-  (for this was a still more general term), was not
land, in ascertaining the persons who are entitled  due to the individuals of it; and that which the
as next o kin to the personal estate of an intestate.  collegilum owed, was not the debt of the individuals.
In the canon law, the number which expresses the  The property of the collegium  was liable to be
collateral degree is always the greater of the two  seized and sold for its debts.  The collegium or
numbers (when they are different) which express  Imiversitas was governed by its own regulations,




COLLE  IUM'.                                      COLONATUS.                  311whicll might be any regulations that the members    When a new  member was taken into a colleagreed upon, provided they were not contrary to  gium, he was said co-optari, and the old members
law: this provision, as Gaius conjectures (Dig. were said with respect to him, recipeore in collegyiun.
47. tit. 22), was derived from  a law  of Solon, The mode of filling up vacancies would vary in difwhich he quotes.  The collegium  still subsisted, ferent collegia.
though all the original members were changed.    Civitates and res publicae (civil communities)
Collegia of all kinds may be viewed under two  and municipia (in the later sense of the term)
aspects,- as having some object of administration  were viewed as fictitious persons.
either public or not public, which object is often    According to Pliny (Ep. v. 7; Ulp. FPr. tit. 22.
the main purpose for which they exist, or as being  s. 5) res publicae and municipia could not take
capable of holding property and contracting and  as heres; and the reason givefi is, that they were a
owing obligations.  As having some object of ad-  coorpus incertum, and so could not cerneere zereditaministration, they are viewed as units (magistratus  te7n; that is, do those acts which a heres himself
municipales curn unum  magistratum administrent, must do in order to show that he consents to be a
etiam unius hominis vicem sustinent (Dig, 50. tit. 1. heres, for the heres could not in this matter act
s. 25).  As having a capacity to hold property, they  by a representative.  A  res publica, therefore, as
are purely fictitious or artificial personages, and, being a fictitious person, could not do the necessary
consequently, thus conceived, it is not all the mem- act.   Municipia, lire other  fictitious persons,
hers who are supposed to compose this artificial could, however, acquire property in other ways,
person, but the members are the living persons by  and by means of other persons, whether bond or
whose agency this artificial p:rson does the acts firee (Dig. 41. tit. 2. s. 1. ~ 22): and they could
which are necessary for the acquisition and admi-  take fideicommissa under the senatusconsultum
nistration of its property.  Itisonly with reference  Apronianum  which was passed in the time of
to the purposes of ownership and contracts, that an  Hadrian, and extended to licita collegia in the
artificial person has an existence as a person. There  time of M. Aurelius. (Dig. 34. tit. 5. s. 21.)  By
are some further remarks under UNIVERSITAS.       another senatusconsul'tum, the liberti of municipia
A  lawfully constituted collegium  was legiti- might make the municipestheir heredes. The gods
mum.  Associations of individuals, which affected  could not be made heredes, except such deities as
to act as collegia, but were forbidden by law, were  possessed  this capacity  by special senatusconcalled illicita.                                   sulta or imperial constitutions, such as Jupiter
It does not appear how collegia were formed,  Tarpeius, &c. (Uip. Fr. tit. 22. s. 6.)  By a conexcept that some were specially established by legal stitution of Leo (Cod. vi. tit. 24. s. 12) civitates
authority.  (Liv. v. 50, 52; Suet. Caes. 42, Auy. obtained the capacity to take property as heredes.
32; Dig. 3. tit. 4. s. 1.)  Other collegia were  As early as the time of Nerva and Hadrian, civiprobably formed by voluntary associations of indi-  tates could take legacies.
viduals under the provisions of some general legal    Though civitates within  the Roman empire
authority.  This slpposition would account for the  could not originally receive gifts by will, yet ilfact of a great number of collegia being formed in  dependent states could receive gifts in that way
the course of time, and many of them being occa-  (Tacit. Ann. iv. 43), a case which furnishes no
sionally suppressed as not legitima.              objections to the statement above made by Pliny
Some of these corporate bodies resembled our and Ulpian.  In the same way the Roman state
companies or guilds; such were the fabrornm, pis- accepted the inheritance of Attalus, king of Pertorum, &c. collegia.  (Lampridius, Alex. Severus, gamus, a gift which came to them from a foreigner.
33.)  Others were of a religious character; such  The Roman lawyers considered such a gift to be
as the  pontificum, augurum, fratrun  arvalium   accepted by the jus gentium.  (Dig. 3. tit. 4; 47.
collegia.  Others were bodies concerned about tit. 22; Savigny, System, &c. vol. ii. p. 235. &c.)
government and administration; as tribunorum   [UNIVERSITAS.]                            [G. L.]
plebis (Liv. xlii. 32), quaestorum, decurionum       COLONA'TUS, COLO'NI.  The Coloni *of
collegia.  The titles of numerous other collegia  the later Imperial period formed a:class of agrimay be collected from  the Roman writers, and  culturists, whose condition has been the subject of
from inscriptions.                                 elaborate investigation.
According to the definition of a collegium, the    These Coloni were designated by the various
consuls being only two in number were not a col- names of Coloni, Rustici, Orig-narii, Adscriptitii,
legiune, though each was called collega with re-  Inquilini, Tributarii, Censiti.  A person might bespect to the other, and thbir union in office was  come a Colonus by birth, with reference to which
called collegium.  The Romans never called the  the term Originarius was used.  When both the
individual who, for the time, filled an office of parents were Coloni and belonged to the same
perpetual continuance, a universitas or collegium, master, the children were Colon.i.  If the father
for that would have been a contradiction in terms, was a Colonus and the mother a slave, or conwhich it has been reserved for modern times to  versely, the children followed the condition of the
introduce, under the name of a corporation sole. mother.  If the father e as free and the mother a
But the notion of one person succeeding to all the  Colona, the children were Coloni and belonged to
rights of a predecessor was familiar to the Romans  the master of the mother.  If the father was a
in the case of a single heres, and the same notion  Colonus and the mother free, the children before
must have existed with respect to individuals who  the time of Justinian followed the condition of the:held any office in perpetual succession.          father: afterwards Justinian declared such chilb
According to Ulpian, a universitas, though re-  dren to be free, but finally he reduced them to the
duced to a single member, was still considered a  condition of Coloni.  If both parents were Coloni
universitas; for the individual possessed all the  and belonged to different masters, it was finally
rights of the universitas, and used the name by  settled that the masters should divide the children
which it was distinguished.  (Dig. 3. tit. 4. s. 7.)   between them, and if there was an odd one, it
x4




312            GCOLONATUS.                                           COLONATUS.
should go to the owner of the mother.  If a man  or convent to which he belonged, except such as he
lived for thirty years as a Colonus, he became the  had as a colonus, which went to his patronus, who
C::lnus of the owner of the land on which he  with respect to his ownership of the land is called
lived; and though he was still free, he could  Dominus possessionis.  (Cod. Theod. v. tit. 3.)
not leave the land: and a man who had pos-  Some classes of Coloni had a power of alienating
sessed for thirty years a colonus belonging to  their property. (Cod. xi. tit. 47. s. 23.)
another, could defend himself against the claims of    The land-tax due in respect of the land occupied
the former owner by the, Praescriptio triginta an-  by the colonus was paid by the dominis; but the
norum.  A  constitution of Valentinian III. de-  coloni were liable to the payment of the poll-tax,
clared how free persons might become Coloni by  though it was paid in the first instance by the
agreement; and though there is neither this nor  dominus who recovered it from the colonus.  The
any similar regulation in the Code of Justinimin,  liability of the colonus to a poll-tax explains why
there is a passage whicoh  apparently recognizes  this class of persons was so i portant to the state,
that persons might become Coloni by such agree-  and why their condition could not be changed
ment.  (Cod. xi. tit. 47. s. 22.)                   without the consent of the state.  It was only
The Coloni were not slaves, though their con-  when the colonus had lived as a free man for
dition in certain respects was assimilated to that thirty years that he could maintain his freedom by
of slaves; a circumstance which will explain their  a praescriptio, but Justinian abolished this praebeing called servi terrae, and sometimes being con- scriptio, and thus empowered the dominus to assert
trasted with liberi.  They had, however, conno-  his right after any lapse of time. (Cod. xi. tit. 47.
bium, which alone is a characteristic that dis-  s. 23.)  With respect to their liability to the polltinguishes them clearly from slaves. (Cod. xi. tit.  tax, the coloni were called tribtcarii, eensiti or
47. s. 24.)  But, like slaves, they were liable to  eensibus obnoxii, axlscriptitii, adscriptitiaeoTnditionis,
corporal punishment, and they had no right of and censibes adscripti.  This term  adscriptio apaction  against their master, whose  relation to  pears to have no reference to their being attachedthein was expressed by the term Patronus.  (Cod.  to the land,but it refers to their liability to the
Theod. v. tit. 11.)  *The colonus was attached  poll-tax as being rated in the tax-books, and acto the soil, and he'could not be permanently  cordingly we find that the G~reek term  for Adseparalted from  it by his own act, or'by that  scriptitius is'Evamr4ypaoQs.
of his patronus, or by the consent of the two.    As the Coloni were not servi, and as the class
The patronus could sell the estate with the coloni, of La-tini and peregtini hardly existed in the later
but neither of them without thq other.  (Cod. xi. ages of the Emipire, we must considar the Coloni
tit. 47. s. 2. 7.)   He could, however, transfer  to have had the Civitas, such as it then was; and
superabundant coloni from  one to another of his  it is a consequence of this that they had connubium
own estates.   When an estate held in common  generally.  A  Consti!tution of Justinian, however
was divided, married persons and relations were  (Vlqv. 22. c. 17), declared the marriage of a colonus,
not to be separated.  The ground of there being  who belonged to another person, and a free woman
no legal power of separating *the coloni and the  -to be void.  The Constitution  does not seem  to
estate was the opinion that such an arrangement mean any thing else than that in this case the
was favourable to agriculture, and there were also  Emperor took away the Connubium, whether for
financial reasons for this rule of law, as will pre-  the reasons stated by Savigny, or for other reasons,
sently appear. The only case in which -the colonus  is immaterial.  This special exception, however,
could be separated from the land was that of his  proves the general rule as to Connubium.
becoming a saldier, which must be considered to    The origin of these Colorai is uncertain.  They
be done with the patron's consent, as the,burden  appear to be referred to in one passage of the
of recruiting the army was imposed on him, and in  Digest (Dig. 30. s. 112), under -the name of Inthis instance the state dispensed with a,general  quilinus, a term  which certainly was sometimes
rule for reasons of public convenience.             applied to the whole class of Coloni.  The passage
The colonus paid a certain yearly rent'for the  states, that if a man bequeaths, as a legacy, the
land on which he lived: the amount was fixed by  inquilini without the praedia to whieh they adhere
custom and could not be raised; but as the land-  (sine praediis quibus adhaesent), it is a void legacy.
owner might attempt to raise it, the colonus had in  Savigny conceives that this passage may be exsuch case for his protection a right of action  plained without considering it to refer to the
against him, wFhic'h was an exception to the gene-  Coloni of whom  we are speaking; but the exral rule above stated.  (Cod. xi. tit. 47. s. 5.)  planation that he suggests, s ems a very forced
There were,'however, cases in which the rent was  on:,, and the same remark applies to his explanation
fixed by agreement.                                 of another passage in the Digest (50. tit. 15. s. 4).
A  further analogy between the.condition of The condition of the old Clients se:Iems to be;-r
Servi and Colonli appears from the fact of the pro- some relation to that of the Cololli, but all histor:cal
perty of Coloni being called their Peculium.  It is  traces of one class growinug out of the oether are
however, distinctly stated that they could hold pro- entirely wanting.
perty (Cod. Theod. v. tit. 11); and the expressions    Savigny observes that he does not perceive any
which d clare that they couad have nothing -" pro-  historical connection between the villeins (viElhvti)
pria"' (Cod. xi. tit. 49. s. 2) seem merely'to de-  of modern Europe and the Coloni, though there is
clare that it was not propria in the sense of their  a strong resemblance between th.eir respective conhaving power to alienate it, it:least without the  ditions.  Th.,re were, however, many importan.t
consent of cheir patroni.  It appears that a co-  distinctions; for instance, the villein services due
Jonus could.make a will, and that if he made  to the lord had nothing corresponding to them in
naone, his property went to his next of kin.; for if the case of the Coloni, so far as we know.  Some
ea bishop, presbyter, deacon, &e., died -intestate  modern writers would hastily infer an historical
sand. without kin, his property went to the church  connection of institutions which happen to have




COLONATUS.                                         COLONIA.                  313
resemblances.  Littleton's Tenures, section 172,    COLO'NIA, a colony.  1. GREEK. The com&c., and Bracton (fol. 6. 24), may be consulted as mon Greek word for a colony is &iroucia and for
to the incidents of Villeinage.                  a colonist &arouos.  We also find, but not comThis view of the condition of the Coloni is from  monly, ero'Kia  and  EroiKos.  (Thuc. ii. 27;
Savigny's Essay on the subject, which is translated  Aristoph. Av. 1307.)   The former worlds have
in the Philological Museum, vol. ii.             reference to their being wanderers from their own
The question of the origin of these Coloni is home; the latter words to their settling in a new
examined at great length by A. XV. Zumpt, Ueber home.  The termn  KCX7povXia indicates a division
die EIntstekung und historische  Enteickelung des of conquered lands among Athenian citizens, and
Colonats (Rheizisclhes Muzseumnfiir Philologie, Neue  those who occupied such lalnds were called KA77Folge, 1845).  The author is of opinion that the  povXo,: but as they were thus colonists, we someorigin of the institution is to be traced to the  times find the general term  of airotlco applied to
settlement of Germanic people by the Roman em- them. (Thuc. v. 116.)  (Vblmel, De Dzscrsimine
perors within the limits of the empire.  The  Vocabulorum iXkopo5Xos, 67roLKoS, 6rolcos, Frankearliest mention of Coloni, in the sense in which  fort, 1 839.)
his essay treats of them, is, as he states, a consti-    The earlier Greek colonies were usually comtution of Constantine A. D. 321 (Cod. T'l'heod. 9. posed of mere bands of adventurers, who left their
tit. 21. s. 1, 2) which, however, gives no inform- native country, with their families and property,
ation about their condition.  But a later consti- to seek a new home for themselves.  Some of the
tution of Constantine, A. D. 332 (Cod. Theod. 5. colonies, which arose in consequence of foreign
tit. 9, de fugitivis colonis) does give some inform. invasion or civil wars, were undertaken without
ation.  The condition of these foreign settlers any formal consent from  the rest of the combeing once established, the author supposes that munity; but usually a colony was sent out with
poor Roman citizens might enter into this condition, the approbation of the mother country, and under
partly induced by the advantage of getting land, the management of a leader (oiKio-rrs) appointed
and partly, as he states, though it is not clearly  by it.  But whatever may have been the orig n
explained, by legal compulsion.  A constitution of of the colony, it was always considered in a
Theodosius the Younger (Cod. Theod. 5. tit. 4, de  political point of view independent of the mother
bonis militum, s. 3, ed. Wenck), contains some country (called by the Greeks  i7rTpSdroXAs), and
valuable information on the colonization or settle- entirely emancipated from its control. At the same
ment of the barbarians, and declares them  to  tinle, though a colony was in no political subjection
belong to the condition expressed by the term  to its parent state, it was united to it by the ties
Colonatus.  The term colonus often occurs in the  of filial affection; and, according to the generally
writers who are excerpted in the Digest (41. tit. 2. received opinions of the Greeks, its duties to the
s. 30. ~ 5; 19. tit. 2. s. 3, 9. ~ 3; 19. tit. 1. parent state corresponded to those of a daughter to
s. 13. ~ 30, and elsewhere); but these Coloni are  her mother.  (Dionys. iii. 7; Polyb. xii.: 0. ~ 3.)
supposed to be merely a kind of tenants.  The  Hence, in all matters of common interest, the
passage in the Digest (30. s. 112) which cites a  colony gave precedence to the mother state; and
constitution of Marcus Aurelius and Commodus, the founder of the colony (oi'scmervs), who might
is supposed, by Zumpt, to mean ordinary tenants  be considered as the representative of the parent
(miether, plichter).; but it must be admitted, that state, was usually worshipped, after his death, as a
it is rather difficult to accept this explanation, as hero.  (Herod. vi. 38; Thuc. v. 11; Died. xi. 66,
already observed.  The word Colonatus, it is xx. 102.)  Also, when the colony became in its
stated, does not occur in the Digest; but that turn a parent, it usually sought a leader for the
negative fact proves little.  The most probable  colony which it intended to found from the orisolution of the question is, that the condition of ginal mother country (Thuc. i. 24); and the same
the Coloni mentioned in the Digest was the model feeling of respect was manifested by embassies
of the condition of the barbarians who were settled  which were sent to honour the principal festivals
in the Roman empire; and it is no objection to  of the parent state (Dioed. xii. 30; WVesseling, ad
this, that the condition of the barbarians might be  loc.), and also by bestowing places of honour anld
made more burdensome and less free than that of other marks of respect upon the ambassadors and
the Coloni, who already existed.  Nor is it other members of the parent state, wheul they
against this supposition, if the condition of the  visited the colony at festivals and similar occasions.
barbarian Coloni gradually became the condition  (Thuc. i. 25.)  The colonists also worshipped in
of all the Coloni.  The reasons for fixing the bar- their new settlement the same deities as they had
barian settlers to the soil are obvious enough.  been accustomed to honour in their native country;
The policy of the emperors was to people the  the sacred fire, which was constantly kept burncountry, and to disperse many of the tribes whose  ing on their public hearth, was taken from  the
union would have been dangerous.  If the results  Prytaneium of the parent city; and, according to
of Zumpt's inquiry cannot be admitted to their one account, the priests who ministered to the gods
full extent, it must be allowed, that he has thrown  in the coluony, were brought from the parent state.
great light on the subject, and probably approached  (Schol. ad Thluc. i. 25; compare Tacit. Ann. ii. 54.)
as near as possible to the solution of the difficulty, In the same spirit, it was considered a violation
with the exception of his hypothesis, that the co- of sacred ties for a mother country and a colony
lonatus originated entirely in the settlement of these  to make war upon one another.  (Herod. viii. 22;
barbarians.  It seems much more probable that Thuc. i. 38.)
the Romans modelled the barbarian settlements    The preceding account of the relations between
upon some institution that already existed, though  the Greek colonies and the mother country is
this existing institution might not be precisely the  elucidated by the history which Thucydides gives
same as that subsequent institution to which the  us of the quarrel between Corcyra and Corinth.
term Colonatus was peculiarly applied. [G. L.]    Corcyra was a colony of Corinth, and Epidamnus




6314 1~COLONIA.                                                      COLONIA.
a colony of Corcyra; hut the leader (oitur-ris) of  &roLKot was not merely one of words but of things.
the colony of Epidamnus was a Corinthian who  The earlier colonies usually originated in private
wvas invited from  the metropolis Corinth.   In  enterprise, and became independent of, and lost
course of time, in consequence of civil dissensions  their interest in, the parent state.  On the other
and attacks from the neighbouring barbarians, the  hand, it was essential to the very notion of a
Epidamnians applied for aid to Corcyra, but their  KkA-povX[a that it should be a public enterprize,
request was rejected.  They next applied to the  and should always retain a connection more or less
Corinthians, who took  Epidamnus under their  intimate with Athens herself. The word iKAa7povXia
protection, thinking,- says Thacydides, that the  conveys the notion of property to be expected and
colony was no less theirs than the Corinthians':  formally appropriated:  whereas the  7rootL of
and also induced to do so through hatred of the  ancient times went out to conquer lands for themCorcyraeans, because they neglected them though  selves, not to divide those which were already
they were colonists; for they did not give to the  conquered.
Corinthians the custonlary honours and deference    The connection with the parent state subsisted,
in the public solemnlities and sacrifices as the other  as has been just hinted, in all degrees.  Somecoloinies were wont to pay to the mother country.  times, as in the case of Lesbos, the holders of land
The Corcyraeans who had become very powerfull  did not reside upon their estates, but let them to
by sea, took offence at the Corinthians receiving  the original inhabitants, while themselves remained
Epideamnus under their protection, and the result at Athens. (Bbckh, Public Econ. of'Atshens, p. 431,
was a war between Corcyra and Corinth.  The  2nd ed.)  The condition o: these KhAqpovXoz did
Corcyraeans sent ambassadors to Athens to ask  not differ from that of Athenian citizens who had
assistance; and in reply to the objection that they  estates in Attica.  All their political rights they
were a colony of Corinth, they said " that every  not only retained, but exercised as Athenians; in
colony, as long as it is treated kindly, respects the  the capacity of landholders of Lesbos they could
mother country: but when it is injured, is alienated  scarcely have been recognised by the state, or have
from it; for colonists are not sent out as subjects, borne any corporate relation to it.  Another case
but that they may have equal rights with those  was where the KtqpoOXoi resided on their estates,
that remain at home."  (Thuc. i. 34.)              and either with or without the old inhabitants,
It is true that ambitious states, such as Athens, formed a new  community.  These still retained
sometimes claimed dominion over other states on  the rights of Athenian citizens, which distance
the ground of relationship; but, as a general rule, only precluded them  from  exercising: they used
colonies may be regarded as independent states, the Athenian courts; and if they or their chilattached to their metropolis by ties of sympathy  dren wished to return to Athens, naturally and of
and common descent, but no further.  The case of course they regained the exercise of their former
Potidaea, to which the Corinthians sent annually  privileges.  Of this we have the most positive
the chief magistrates (7qxouvp'yoi), appears to have  proof (Biickh, Ibid. p. 429): as the object of these
been an exception to the general rule.  (Thuc. i. KAalpovXia1 was to form outposts for the defence of
56.)                                               Athenian  commerce, it was the interest of the
The  cXqpovXL'a, of which mention was made  parent state to unite them  by a tie as kindly as
above, were colonies of an entirely different kind  possible: and it cannot be supposed that indifrom the &aroK'at,, of which we have hitherto been  viduals would have been found to risk, in a doubt.
speaking.   They  belonged  exclusively to  the  ful enterprise, the rights of Athenian citizens.
Athenians; and the earliest example to which the    Sometimes, however, the connection might graterm, in its strict sense, is applicable, is the occu-  dually dissolve, and the mcAXpopXoL sink into the
pation of the domains of the Chalcidian knights  condition of mere allies, or separate wholly from
(i17rroio'ra) by four thousand Athenian citizens, the mother country.  In Aegina, Scione, Potidaea,
B. C. 506.  (Herod. v. 77; comp. vi. 100.)         and other places, where the original community
In assigning a date to the commencement of was done away, the colonists were most completely
this system  of colonisation, we must remember  under the control of Athens.  Where the old inthat the principle of a division of conquered lands  habitants were left unmolested, we may conceive
had existed from time immemorial in the Grecian  their admixture to have had a twofold effect:
states.  Nature herself seemed to intend that the  either the new comers would make comnlon cause
Greek should rule and the barbarian obey; and  with them, and thus would arise the alienation
hence, in the case of the barbarian, it wore no ap- alluded to above; or jealousy and dread of the
pearance of harshness.  Such a system, however, ancient inhabitants might make the colonists more
was muore rare between Greek and Greek.  Yet entirely dependent on the mother state.  It seems
the Dorians in their conquest of the Peloponnese. impossible;,to define accurately when the isopolite
and still more remarkably in the subjugation of relation with Athens may have ceased, although
Messenia, had set an example.  In what then did  such cases undoubtedly occurred.
the Athenian KcqpovXL'a differ firom this division    A question has been raised as to whether the
of territory, or from the ancient colonies?  In the  KcXapovXoL were among the Athenian tributaries.
first place the name, in its technical sense, was of Probably this depended a good deal upon the pr'oslater date, antd the Greek would not have spoken  perity of the colony.  We cannot conceive that
of the  iAh7pouxlaL of Lycurgus, any more than  colonies which were established as military outthe Reoman of the "Agrarian laws" of Romulus  posts, in otherwise unfavourable situations, would
or Ancus.  Secondly, we should remember that  bear such a burthen: at the same time it seemns
the term was always used with a reference to the  improbable that the state would  unnecessarily
original allotment: as the lands were devised or forego the tribute which it had previously received,
transferred, and the idea of the first division lost where the lands had formerly belonged to tributary
sight of, it would gradually cease to be applied. allies.
The distinction, however, between;cA7poOXot and    It was to Pericles Athens was chiefly indebted




COLONIA.                                           COLONIA.                   315
for the extension and pernianence of her colonial propugnaculum."  Another object was to increase
settlements.  His principal object- was to provide  the power of Rome by increasing the population.
for the redundancies of population, and raise the  (Liv. xxvii. 9.)  Sometimes the immediate object
poorer citizens to a fortune becoming the dignity  of a colony was to carry off a number of turbulent
of Athenian citizens.  It was of this class of and discontented persons.  Colonies were also
persons the settlers were chiefly composed; the  established for the purpose of providing fobr veteran
state provided them with arms, and defrayed the  soldiers, a practice which was begun under the
expenses of their journey.  The principle of divi-  republic (Liv. xxxi. 4), and continued under the
sion, doubtless, was, that all who wished to par- emperors: these coloniae were called militares.
take in the adventure, applied voluntarily; it was    It is remarked by Strabo (p. 216. ed. Casaub.),
then determined by lot who should or should not  when speaking of the Roman colonies in the north
receive a share.  Sometimes they had a leader ap- of Italy, that the ancient names of the places were
pointed, who, after death, received all the honours  retained, and that though the people in his time
of the founder of a colony (oiKLears).             were all Roman, they were called by the names of
The Cleruchiae were lost by the battle of Aegos-  the previous occupiers of the soil.  This fact is in
potami, but partially restored on the revival of accordance with the character of the old Roman
Athenian power.                                    colonies, which were in the nature of garrisons
(Spanhelm, De Usu et Praest.  Numisnz. vol. i. planted in conquered towns, and the colonists had
p. 559, &c.; Bougainville, Quels etoient les droits  a portion of the conquered t-rritory (usually a third
degs setropoles Grecques sur les colonies, &c., Paris, part) assigned to them.  The inhabitants retained
i745; Heyne, De  Vetermn   Coloniaruzm  Jure  the rest of their lands, and lived together with the
ej~usque Causis, Gott. 1766, also in Opuscula, vol. i. new settlers, who alone composed the proper cop. 290; Sainte Croix, De l'Etat et du Sort des Colonies  lony. (Dionys. A2ntiq. Roos. ii. 53.) The conquered
desanciensPeuples, Philadelphie, 1779; Hegewisch, people must at first have been quite a distinct
Geogr. und Hist. N2achrichten, die Colonien der  class from, and inferior to, the colonists.  The
Griechen 1etrejffnd, Altona, 1808; Raoul-Rochette, definition of a colonia by Gellius (xvi. 13) will
Ilistoire critique de l'Etablissement des Colonies appear, from what has been said, to be sufficiently
G(recques, Paris, 1815, 4 vols.; Wichers, De  exact: -" Ex civitate quasi propagatae - populi
Coloniis VTeterum, Groningae, 1825; Pfefferkorn, Romani quasi effigies parvae simulacraque."
Die Colonien de? Alt-GUriechen, Kbnigsberg, 1838;    No colonia was established without a lex, pleHermann, Lehlzbuce der Gsiech. Staatsalth. ~ 73. bisciturn, or senatusconsultum; a fact which shows
&c.; Wachsmuth, Hellen. Alterthlumsk. vol. i. p. 95, that a Roman colony was never a mere body of
2nd ed.; Schrmann, Antiq. Juris Publici Graec. adventurers, but had a regular organisation by the
p. 414. &c.; MBickh, Public Econ. of' Atlens, p. parent state.  According to an ancient definition
424, &c.)                              [B. J.]    quoted by Niebuhr (Serv. ad Virg. Aen. i. 1 2), a
2. RoMAN. The word colonia contains the same  colony is a body of citizens, or socii, sent oult to
element as the verb colere, "to cultivate," and as possess a commonwealth, with the approbation of
the word colonus, which probably originally signified  their own state, or by a public act of that people
a " tiller of the earth."  The English word colony, to whom  they belong; and it is added, those are
which is derived from the Latin, perhaps expresses  colonies which are founded by public act, not by
the notion contained in this word more nearly  any secession.  Many of the laws which relate to
than is generally the case in such adopted terms.   the establishment of coloniae were leges agrariae,
A kind of colonisation seems to have existed  or laws for the division and assignment of public
among the oldest Italian nations, who, on certain  lands, of which Sigonius has given a list in his
occasions, sent out their superfluous male popu-  work already referred to.
lation, with arms in their hands ([epa vedorls), to    When a law was passed for founding a colony,
seek for a new home. (Dionys. Antiq. Rom. i. 16.)  persons were appointed to superintend its formaBut these were apparently mere bands of adven-  tion (coloniaun deducere).  These persons varied in
turers, and such colonies rather resembled the old  number, but three was a common number (triumGreek colonies, than those by which Rome ex- viri ad colonos deducendos, Liv. xxxvii. 46, vi. 21).
tended her dominion and her name.                 We also read of duumviri, quinqueviri, vigintiviri
Colonies were established by the Romans as far for the same purpose.  The law fixed the quantity
back as the annals or traditions of the city extend, of land that was to be distributed, and how much
and the practice was continued during the republic  was to be assigned to each person.  No Roman
and under the empire.  Sigonius (De Antiquo. could be sent out as a colonist without his free
Jure Italiae, p. 215, &c.) enumerates six main  consent, and when the colony was not an inviting
causes or reasons which, from time to time, induced  one, it was difficult to fill up the number of volunthe Romans to send out colonies; and  these  teers.  (Liv. vi. 21, x. 21.)
causes are connected with many memorable events    Roman citizens who were willing to go out as
in Roman history.  Colonies were intended to  members of a colony gave in their names at Rome
keep in check a conquered people, and also to  (nomina dederzunt, Liv. i. 11, the first time that he
repress hostile incursions, as in the case of the  has occasion to use the expression).  Cicero (Pro
colony of Narnia (Liv. x. 10), which was founded  Dom. c. 30) says that Roman citizens who chose
to check the Umbri; and Minturnae and Sinuessa  to become members of a Latin colony must go vo(x. 21), Cremona and Placentia (xxvii. 46), which  luntarily (auctores.ficti), for this was a capitis
were founded for similar purposes.  Cicero (De  deminutio; and in another passage (Pro Caecin.
Leg. Ayr. ii. 27) calls the old Italian colonies the  33) he alleges the fact of Roman citizens going
"propugnacula imperii;" and in another passage  out ill Latin colonies as a proof that loss (:f civitas
(1pro Font. c. 1) he calls Narbo Martius (Nar-  must be a voluntary act. It is true that a menl er
bonne), which was in the provincia Gallia, " Co- of a Roman colony would sustain no capitis delonia nostrorum  civium, specula populi Romani et minutio, but in this case also there seems no reason




316              GCOiON l A.                                          COLONIA.
for supposing that he ever joined such a colony, unless his wife was a Roman, or unless she belonged
without his consent.                                to a people with which there was connubium.
The colon'a proceeded to its place of destination   It is important to form  a precise notion of the
in the form  of an army (sub vexillo), which is in  relation of an ancient Roman colonia to Romlle.
dicated on the coins of some coloniae.  An urbs, if  That the colonists, as already observed, had all the
one did not already exist, was a necessary part of rights of Roman citizens, is a fact capable of pera new colony, and its limits were marked out by  fect demonstration; though most writers, following
a plough, which is also indicated on ancient coins.  Sigonius, have supposed that Roman citizens, by
The colonia had also a territory, which, whether  bhcoming members of a Roman colony, lost the
marked out by the plough or not (Cic. Phil. ii. 40),  suffragium  and honores, and did not obtain them
was at least mlarked out by metes and bounds.  till after the passing of the Julia lex.  Such an
Thus the urbs and territory of the colonia re-  opinion is inconsistent with the notion of Roman
spectlvely  olrresponded to the urbs Roma and its  citizenship [CIVITAs], which was a personal, not a
territ ry.   Religious ceremonies always accom-  local right; and it is also inconsistent with the very
panlied the foundation of the colony, and the an-  principle of Roman polity apparent in the establishniversary was afterwards observed.  (Plutarch,  ment of Roman colonies.  Further, the loss of the
C. G(racchus, 11; Servius, atd Aen. v. 755; Cic. suffragium and honores would have been a species
ad Attic. iv. I).  It is stated that a colony could  of capitis deminutio, and it is clear, from  what
not be sent out to the same place to which a  Cicero says of the consequences of a Roman volun.
colony had already been sent in due form  (auspi-  tarily joining a Latin colony, that no such consecato Idedutcs).  This merely means that so long as  quences resulted from  becoming a member of a
the colony maintained its existence, there could be  Roman colony. If a Roman ever became a member
no new colony in the same place; a doctrine that of a Roman colony without his consent, it must
would hardly need proof, for a new colony implied  have been in the early ages of the state, when the
a new assignment of lands; but new settlers (novi colonies still retained their garrison character, and
adscri, ti) might be sent to occupy colonial lands  to join a colony was a kind of military service; but
not already assigned. (Liv. vi. 30; Cic. P/lil. ii. such a duty to protect the state, instead of iinply40.)  Indeed it was not unusual for a colony to  ing any loss of privilege, justifies quite a different
receive a su;p lenientum, as in the case of Venusia  conclusion.
(Liv. xxxi. 49), and in other cases (Tacit. Ann.    Puteoli, Salernum, Buxentum   were  coloniae
xiv. 27); tand a colony might be re-established, if civium Romanorinm (Liv. xxxiv. 45); the Ferenit seemed necessary, from  any cause; and under tinates made a claim, that Latini who should give
the  emperors such re-establishment  might be  in their names as willing to join a colonia civiuln
entirely arbitrary, and done to gratify personal  Romanorum, should thereby become cives Romani.
vanity, or fiom  any other motive.  (Tacit. Ann.  Some Latini who had given in their names for
xiv. 97. Puteoli; and  the note in  Oberlin's  the coloniae of Puteoli, Salerntim, and  l3uxentinm,
Tacitus.)                                          thereupon assumed to act as cives Romani, but the
The commissioners appointed to conduct the  senate would not allow their claim.  This shows,
colony had apparently a profitable office, and the  if it requires showing, that the cives of Romanne
establishmluent of a new settlement gave employ-  coloniae continued to be cives Romani.  (Liv.
ment to numerous functionaries, among whom  xxxiv. 42.)
Cicero enumerates —apparitores, scribae, librarii,    It is somewhat more difficult to state what was
praecones, architecti.  The foundation of a colony  the condition of those conlquered people among
might then, in many cases, not only be a mere  whom  the Romans sent their colonists.  They
party measure, carried for the purpose of gaining  were not Roman citizens, nor yet were they socii;
popularity, but it would give those in power an  still they were in a sense a part of the Roman
opportunity of providing   places for many of their  state, and in a sense they were cives, though cerfriends.                                            tainly they had not the suffiagium, and perhaps
A colonia was a part of the Roman state, and it originally not the connubium.   It is probable
liad a res publica; but its relation to the parent state  that they had the commercium, but even this is
might vary.  In Livy  (xxxix. 55) the question  not certain.  They might be a part of the Roman
was whether Aquileia should be a colonia civium  civitas without being cives, and the difficulty of
Romanlorum, or a Latilna colonia,; a question that ascertaining their precise condition is increased by
had no reference to the persons who should form  the circumstance of the vword civitas being used
the colony, but to their political rights with respect loosely by the Roman writers.  If they were cives
to Rome as members of the cololy.  The members  in a sense, this word imported no privilege; for it
of a Roman colony (colonic  Civium Ron07anorun)  is certain that, by being incorporated in the Roman
musts as the term  itself implies, have always had  state as a conquered peopl), they lost all power of
the same rights, which, as citizens, they would have  administering their own affairs, and obtained no
at Rome.  [CIVITAS.]  They were, as Niebuhr  share in the administration of the Roman state;
remarks, in the old Rtoman colonies, " the populus;  they had not the honourable rank of socii, and
the old inhabitants, the commonalty."  These two  they were subject to military service and taxation.
bodies may, in course of time, have fiequently  They lost all jurisdictio, and it is probable that
formed one; but there could be no political union  they were brought entirely within the rules and
between them till the old inhabitants obtained the  procedure of the Roman law, so far as that was
comlnercium  and connubimn, in other words, the  practicable.  Even  the commerciumn  and connucivitas; and it is probable that among the various  bium with the people of their own stock, were somecauses which weakened the old colonies, and ren-  times taken from them  (Liv. ix. 43, viii. 14), and
dered new  supplies of colonists necessary, we  thus they were disunited from  their own nation
should enumerate the want of Roman women; for and made a part of the Roman state, without having
the children of a Roman were not Roman citizens  the full civitas. So far, then, was the civitas (with.




COLONIA.                                           COLONIA.                   317
out the suiffragium) from being always a desirable  empire was consolidated, the decay of population
conditicn, as some writers have supposed, that it  checked, the unity of the nation and of the Ianwas ill fact the badge of servitude; and some states  guage diffused." (AMachiavelli, quoted by Niebuhr.)
even preferred their former relation to Rome, to  the countries which the Romans conquered within
being incorporated with it as complete citizens. It  the limits of Italy, were inhabited by nations that
appears that, in some cases at least, a praefectus  cultivated the soil and had cities. To destroy such a
jtnri dicundo was sent fiom  Rome to administer  population was not possible nor politic; but it was
justice among the conquered people, and between  a wise policy to take part of their lands, and to
them and the coloni.  It appears also to be clearly  plant bodies of Roman citizens, and also Latinae
proved by numerous instances, that the condition  coloniae, among the conquered people.  The power
of the conquered people among whom a colony was  of Rome over her colonies was derived, as Niebuhr
sent, was not originally always the same; some-  has well remarked, " From  the supremacy of the
thing depended on the resistance of the people, parent state, to which the colonies of Rome, like
and the temper of the Romans, at the time of the  sons in a Roman family, even after they had grown
conquest or surrender.  Thus the conquered Italian  to maturity, continued unalterably subject."  In
towns might originally have the civitas in different fact, the notion of the patria potestas will be found
degrees, until they all finally obtained the complete  to lie at the foundation of the institutions of Rome.
civitas by receiving the suffraglum; some of them   The principles of the system of colonisation were
obtained it before the social war, and others by  fully established in the early ages of Rome; but the
the Julia lex.                                     colonies had a more purely military character, that
The nature of a Latin colony will appear suffi-  is, were composed of soldiers, in the latter part of
ciently from what is said here, and in the articles  the republic, and under the earlier emperors.  The
CIVITAS and LATINITAS.                             first colony established beyond the limits of Italy
Besides these coloniae, there were coloniae Italici  was Carthago (Vel, ii. 15); Narbo Martius was
juris, as some writers term them; but which in fact  the next.  Ncmausus (Nimes) was made a colony
were not colonies.  Sigonius, and most subsequent  by Augustus, an event which is commemorated by
writers, have considered the Jus Italicum as a per-  medals (Rasche, Lexicon Rei Numaoseriae), and an
sonal right, like the Civitas and Latinitas; but  extant inscription at Nimes.
Savigny has shown it to be quite a different thing.
The jus Italicurr was granted to favoured provincial
cities; it was a grant to the community, not to the  /"
individuals composing it.  This right consisted in       
quiritarian ownership of the soil (comlnercium),  
and its appurtenant capacity of mancipatio, usu-                                    i
capion, and vindicatio5 together with freedom from. 
taxes; and also in a municipal constitution, after  0\                              
the fashion of.the Italian towns, with duuinviri,
quinquennal s, aediles, and a jurisdictio.  Many                 Cm                    /
provincial towns which possessed the jus Italicum,
have on their coins the figure of a standing Silenus,
In addition to the evidence from written books of
the numerous colonies established by the Romans
in Italy, and subsequently in all parts of the empire,
/d- "'              t               Gil t /S\ Aft {dwe have the testimony of medals and inscriptions,
2    in which COL. the abbreviation of colonia, indiScates this fact, or4 as in the case of Sinope, the Greek
inscription KOAniNEIA.  Septimius Severus made
Tyre a colonia Veteranorum  (Rasche, Leoacon Rei
Numaeeriae, Tyrus). The prodigious activity of Rome
in settling colonies in Italy is apparent from the list
T;IMP. MI. IVI.. PHIIPP.. AEL. MVTNIClP.  CO.    given by Frontinus or the Pseudo-Frontinus  (De
Philip0 A. D. 243-249.   Coela or Coelos (Plin.  Coloniis), most of -which appear to have been old
iv. 1 l- 12) in the Thra-  towns, which were either walled when the colony
cian Chersonesus.       was founded4 or strengthened by new defences.
Colonies were sometimes established under the
with the hand raised, which was the peculiar  late republic and the empire with circumstances
symbol of municipal liberty.  (Obeundus  laorsyCa, of great oppression, and lands were assigned to the
Horat. Sat. i. 6. 120.)  Pliny (iii. 3 and 21 ) has  veterans without regard to existing rights.
mentioned several towns that had the jus Italicum;   Under the emperors, all legislative authority
and Lugdunum, Vienna (in Dauphine), and colonia  being  then virtually in  them4  the foundation
Agrippinensis had this privilege.  It follows from   of a colony was an act of imperial grace, and
the nature of this privilege, that towns which had  often merely a title of honour conferred on some
the Latinitas or the Civitas- which was a personal favoured spot.  Thus M. Aurelius raised to the
privilege4 might ntit have the jus Italicum; but the  rank of colonia the small town (vicus) of Halale,
towns which had the ius Italiitim could hardly be  at the foot of Taurus, where his wife Faustina
any other than those which had the civitas or died.  (Jul, Capitol. iI. Ant. PMilos. c. 26.)  The
Latinitas, and we cannot conceive that it was ever  old military colonies were composed of whole
given tb a town of Peregrini.                      legions, with their tribunes and centurions, who
The colonial system of Rome, which originated  being united  by mutual affection, composed a
in the earliest ages, was well adapted to strengthen  political body (respublica); but it was a comand extend her power-" By the colonies the  plaint in the tinme of Nero, that soldiers, who were




318               COLONIA.                                           COLONIA.
strangers to one another, without any head, with- or quattuorviri, so called, as the numbers might
out any bond of union, were suddenly brought to- vary, whose functions may be compared with those
gether on one spot, " lumerns magis quam colonia "  of the consulate at Rome before the establishment
(Tacit. Ann. xiv. 27).  And on the occasion of the  of the praetorship.  The name duumviri seems to
mutiny of the legions in Pannonia, upon the ac- have been the most common.  Their principal
cession of Tiberius, it was one ground of complaint, duties were the administration of justice, and acthat the soldiers, after serving thirty or forty  cordingly we find on inscriptions "Duumviri J.
years, were separated, and dispersed in remote  D." (suri dicmndo), " Quattuorviri J. D."  They
parts; where they received, under the name of a  were styled magistratus pre-eminently, though the
grant of lands (per nomen acgroruMn), swampy tracts  name magistratus was properly and originally the
and barren mountains.  (Tacit. Ann. i. 17.)        most general name for all persons who filled similar
It remains briefly to state what was the internal situations.  The name consul also occurs inl illconstitution of a colonia.                         scriptions to denote this chief magistracy; and
In the later times of the republic, the Roman  even dictator and praetor occur under the empire
state consisted of two distinct organised parts, and under the republic. The office of the duumviri
Italy and the Provinces.  " Italy consisted of a  lasted a year.  Savigny shows that under the regreat number of republics (in the Roman sense of public the jurisdictio of the duumviri in civil
the term), whose citizens, after the Italian war, be- matters was unlimited, and that it was only under'
came mlembers of the sovereign people.  The coin- the empire that it was restricted in the manner
munities of these citizens were subjects of the  which appears from the extant Roman law.
Roman people, yet the internal administration of    In some Italian towns there was a praefectus
the communities belonged to themselves.  This juri dicundo; he was in the place of, and not cofree municipal constitution was the fundamental  existent with, duumviri.  The duumviri were, as
characteristic of Italy; and the same remark will we have seen, originally chosen by the people;
apply to both principal classes of such constitu- but the  praefectus was appointed annually  in
tions, municipia, and coloniae.  That distinction  Rome (Livy, xxvi. 16), and sent to the town
which made a place into a praefctura, is men- called a praefectura, which might be either a mutioned afterwards; and fora, conciliabula, castella, nicipium or a colonias, for it was only in the matter
are merely smaller communities, with an incom-  of the praefectus that a town called a praefectura
p!lete organisation."  (Savigny.)  As in Rome, so  differed from other Italian towns.  Capua, which
in the colonies, the popular assembly had originally  was taken by the Romans in the second Punic
the sovereign power; they chose the magistrates, war, was made a praefectura.  (Vell. ii. 44, and
and could even make laws. (Cic. De Leg. iii. 16.)  the note of Reimarus on Dion Cassius, xxxviii. 7.)
When the popular assemblies became a mere form  Arpinum is called both a municipium and a praein Rome, and the elections were transferred by  fectura (Cic. ad Fanz. xiii. 11; Festus, s. v.
Tiberius to the senate, the same thing happened  Praefectura); and Cicero, a native of this place,
in the colonies, whose senates then acquired what- obtained the highest honours that Rome could
ever power had once belonged to the community.   confer.
The common name of this senate was ordo de-    The censor, curator, or quinquennalis, all which
curionum; in later times, simply ordo and curia; names denote the same functionary, was also a
the members of it were decuriones or curiales. municipal magistrate, and  corresponded  to the
(Dig. 50. tit. 2.  De Decurionibus, &c.)  Thus, censor at Rome, and in some cases, perhaps, to
in the later ages, curia is opposed to senatus, the quaestor also.  Censors are mentioned il Livy
the former being the senate of a colony, and the  (xxix. 15) as magistrates of the twelve Latin
latter the senate of Rome.  But the terms senatus  colonies.  The  quinquennales  were  sometimes
and senator were also applied to the senate and  duumviri, sometimes quattuorviri; but they are
members of the senate of a colony, both by his-  always carefully distinguished from  the duumvirii
torians, in inscriptions, and in public records; as, for and quattuorviri J. D.; and their fuictions are
instance, in the Heracleotic Tablet, which contained  clearly shown by Savigny to have been those of
a Roman lex.  After the decline of the popular censors.  They held their office for one year, and
assemblies, the senate had the whole internal ad- during the four intermediate years the functions
ministration of a city, conjointly with the magis-  were not exercised.  The office of censor or quintratus; but only a decurio could be a magistratus, quennalis was higher in rank than that of the
and  the  choice was made by the decuriones. duumviri J,D., and it could only be filled by those
Augunstns seems to have laid the foundation for who had discharged the other offices of the munithis practical change in the constitution of the  cipality.
colonies in Italy.  All the citizens had the right    For a more complete account of the organisation
of voting at Rome; but such a privilege would be  of these municipalities, and of their fate under the
useless to most of the citizens c.n account of their empire, the reader is referred to an admirable
distance from  Rome.  Augustus (Sueton. c. 46)  chapter in Savigny (GIesehichlte des Iinm. Rec/its,
devised a new method of voting: the decuriones  &c. vol. i. p. 16s &c.).
sent the votes in writing, and under seal, to    The terms municipium  and municipes require
Rome; but the decuriones -only voted.  Though  explanation in connection with the present subject,
this was a matter of no importance after Tiberius  and the explanation of th-m will render the nature
had transferred the elections at Rome from  the  of a praefectura still clearer,  One kind of municipopular assemblies to the senate, this measure of pium was a body of persons who weree not (Festls,
Augustus would clearly prepare the way for the  s. v. Municipiuims) Reman citizens, but possessed all
pre-eminence of the decuriones, and the decline of the rights of Roman citizens except the suffiagiumn
the popular power.                                and the honores. Btt the communities enumerated
The highest magistratus of a colonia were the  as examples of this kind or municipium are the
duunmviri (Cic. Agr. Leq. ii. 34, iad Attic. ii. 6), Fundani, Formiani, Cumani, Acerrani., Lmanvini,




COLONIA.                                         COLONIA.                  819
and Tusculani, which were conquered states (Liv. of their own choosing, as in the case of Puteoli,
viii. 14), and received the civitas without the suf-  B. C. 63. (Cic. De Leg. Ayr. ii. 31.)'fhe ii;st
fragium; and all these places received the con- class or kind of praefecti, the quatruoriri, who
plete civitas before the social war, or, as Festus  were sent into Campania, was abolished by Auexpr sses it, " Post aliquot annos cives Romani gustus, in conformity with the general tenor of his
effecti sunt."  It is singular that another ancient policy, B.c. 13.  After the passing of the Julia
definition of this class of municipia says, that the  Lex de Civitate, the cities of the socii which repersons who had the rights of Romsan citizens, ceived the Roman civitas, still retained their inexcept the honores, were cives; and among such  ternal constitution; but, with respect to Rome,
communities are enumerated the Cumani, Acer- ware all included under the name of municipia:
rani, and  Atellani.   This discrepancy merely  thus Tibur and Praeneste, which were Latinae
shows that the later Roman writers used the word  civitates, then became Roman municipia.  On the
civis in a very loose sense, which we cannot be  other hand, Bononia and Luca which were originsurprised at, as they wrote at a time when these  ally Latinae coloniae, also became Roman mudistinctions had ceased. Another kind of muni- nicipia in consequence of receiving the Roman
cipium was, when a civitas was completely incor- civitas, though they retained their old colonial
porated with the Roman state; as in the case of constitution and  the  name of colonia.   Thus
the Anagninli (Liv. ix. 23), Caerites, and Aricini, Cicero (in Pis. c. 23) could with propriety call
who completely lost all internal administration of Placentia a municipium, though in its origin it
their cities; while the Tusculani and Lanuvini re- was a Latin colonia; and in the oration Pro Se. t.
tained their internal constitution, and their magis-  (c. 14) he enumerates municipia, coloniae, and
trate called a dictator.  A third class of municipia  praefecturae, as the three kinds of towns or comwas those whose inhabitants possessed the full munities under which were comprehended all the
privileges of Roman citizens, and also the internal towns of Italy.  The testimony of the Heracleotic
administration of their own cities, as the Tiburtes, tablet is to the like effect; for it speaks of muniPraenestini, Pisani, Urbinates, Nolani, Bononli- cipia, coloniae, and praefecturae as the three kinds
enses, Placentini, Nepesini, Sutrini, and Lucrenses, of places which had a magistratus of some kind, to
(Lucenses?). The first five of these were civitates  which enumeration it adds fora and conciliabula, as
sociorum; and the second five, coloniae Latinae:  comprehending all the kinds of places in which
they all became municipia, but only by the effect bodies of Roman citizens dwelt.
of the Julia Lex, B.C. 90.                          It thus appears that the name municipium,
It has also been already said that a praefectura  which originally had the meanings already given,
was so called from the circumstance of a praefectus  acquired a narrower import after B.C. 90, and in
J. D. being sent there from Rome.  Those towns  this narrower import signified the civitates sociorum
in Italy were called praefecturae, says Festus, "In  and coloniae Latinae, which then became complete
quibus et jus dicebatur et nundinae agebantur, et members of the Ronman state.  Thus there was
erat quaedam  earum  respublica, neque  tamen  then really no difference between these municipia
magistratus suos habebant; in quas legibus prae- and the coloniae, except in their historical origin,
fecti mittebantur quotannis, qui jus dicerent."  and in their original internal constitution.  The
Thus a praefectura had a respublica, but no magis- Roman law prevailed in both.
tratus. Festus then makes two divisions of praefec-    The following recapitulation may be useful:turae. To the first division were sent four praefecti The old Roman colonies (civiu2mn Ronmanorusm) were
chosen at Rome (populi stjargio); and he enu- placed in conquered towns; and the colonists conmnerates ten places in Campania to which these  tinned to be Roman citizens.  These colonies were
quattuorviri were sent, and among them Cumae and  near Rome (Liv. i. 11, 27, 56, ii. 21, 39), and few
Acerra, which were municipia; and Volturnum, in number. Probably some of the old Latinae coloLiternum, and Puteoli, which were Roman colonies niae were established by the Romans in conjunction
established after the second Punic war.  The  with other Latin states (Antiurn).  After the consecond division of praefecturae comprised those  quest of Latium, Latinae coloniae were established
places to which the praetor urbanus sent a prae- by the Romans in various parts of Italy.  These
fectus every year, namnely, Fundi, Formiae, Caere, colonies should be distinguished from the colonies
Venafrum, Allifae, Privernum, Anagnia, Frusino5  civium Romanorum, inasmuch as they are someReate, Saturnia, Nursia, Arpinum, aliaque com- times called coloniae populi Romani, though they
plura.  Only one of them, Saturnia, was a colony  were not coloniae civium Ronmanorum. (Liv. xxvii.
of Roman citizens (Liv. xxxix. 55); the rest are  9, xxix. 15.)  Roman citizens who chose to join
municipia.  It is the conclusion of Zumpt that all such colonies, gave up their civic rights for the
the municipia of the older period, that is5 up to the  msnore solid advantage of a grant of land.
time when the complete civitas was given to the    When Latin colonies began to be established,
Latini and the socii5 were praefecturae5 and that few Roman colonies were founded until after the
sorme of the colonies of Roman citizens were also  close of the second Punic wvar (B. C. 201), and
praefecturae.  Now  as the praefectus ewas ap- these few were chiefly maritime colonies (Anxur,
pointed for the purpose of administering justice  &c.).  These Latin colonies were subject to and
(jUri dicttnzdo), and was annually sent from Rome, part of the Roman state; but they had not the
it appears that this was one among the many ad-  civitas: they had no political bond among themmirable parts of the Roman polity for maintaining  selves; but they had the administration of their
harmony in thle whole political system by a uni-  internal affairs.  The colonies of the Gracchi were
formity of law and procedure.  The name prae-  Roman colonies; but their object, like that of subfectura continued after the year B.c. 90; but it sequent Agrarian laws, was merely to provide for
seems that, in some places at least, this functionary  the poorer citizens: the old Roman and the Latin
ceased to be sent from Rome, and various praefec-  colonies had for their object the extension and
turae acquired the privilege of having magistratus  conservation of the Roman empire in Italy. After




320               COLORES.                                            COLORtS.
the passiig of the Lex Julia, which gave the  to the exclusion of all blue (unless we understand
civitas to the socii and the Latin colonies, the  by " ex nigris atramento " black and indigo), is
object of establishing Roman and Latin colonies  evidently an error, independent of its contradiction
ceased; and military colonies were thenceforward  to Cicero; and the conclusion drawn by some from
settled in italy, and, under the emperors, in the  it and the remark of Cicero, that the early Greek
provinces. (Plin. Nt. I-list. iii. 4.) These military  painters were acquainted with but four pigments,
colonies had the civitas, such as it then was; but is equally without foundation.   Pliny himself
their internal organisation might be various.      speaks of two other colours, besides the four in
The following references, in addition to those  question, which were used by the earliest painters;
already given,  will direct -the reader to abundant the testc-trita (xxxv. 5) and cinnabcaris or vermilion,
soturces of information: -  (Sigonius, De Jure Arn-  which he calls also minium  (xxxiii. 36).  -He
tiqllo, &c.; Niebuhr, Roman Iistory; Saviginy,  mentions also (xxxv. 21) the Eretrian earth used
Uerter  das Jus Italiciur, Zeitschr. vol. v.; Tabulae  by Nicomachus, and the elephantinuom, or ivoryi/eracleenses. Mlazoc/i,Neap. 1754; Savigny, Der  black, used by Apelles (xxxv. 25), thus contraltnimische JTolkssclluss der TJ4Il ton Heraclea;  dicting himself when he asserted that Apelles and
and Rudorff, Uteber die Lea Al/anilita tde Coloniis, Niconmachus used but four colours.   The above
Zeitsc/hr. vol. ix.; Rudorff, Das Ackej:qesetz von  tradition, and the simtplex colr of Quintilian (Orat.
Sp. Tltorics, and Puchta, Ueber den Inhatlt ders  Istit. xii. 10), are our only authorities for defining
Leo Rubhria de Gallia Cisalp>ina, Zeitschr. vol. x.; any limits to the use of cololrs by the early Greeks,
Beaufort, Rep. Rom. v. p. 278-308; Madvig, as applied to painting. but we have no authority
Op1useula, De Jure et Conditiosne Coloniarum Poputli whatever for supposiug that they were limited in
Romani, IHauniae, 1834; Zumpt, Ueber  den  any remarkable way in their acquaintance  with
Untersehled der Benennungen, Municipiuis, Colonia, them.  That the painters of the earliest period
Prajfeetura, Berlin, 1840.)            [G. L.]    had not such abundant resources in this departCOLO RES.  The Greeks and Romans had  ment of art as those of the later, is quite consistent
a very extensive acquaintance with  colours as  with experience, and does not require demonstrapigments.   Book vii. of Vitruvius and several tion; but to suppose that they were confined to
chapters of books xxxiii. xxxiv. and xxxv. of four pigments is quite a gratuitous.supposition,
Pliny's Natural History, contain much interesting  and is opposed to both  reason  and evidence.
matter upon their nature and composition; and  [PICTtRA.]
these works, together with what is contained in    Sir H. Davy also analysed the colours. of the
book v. of Dioscorides, and  some remarks in  so-called " Aldobrandini narriage,"' all the reds
Theophrastus (De Lapidibus), constitute the whole  and yellows of which he discovered to be ochres;
of our information of any importance upon the  the blues and greens, to be oxides of copper; the
subject of ancient pigments.  From these sources, blacks all carbonaceous;  the browns, mixtures of
through the experiments and observations of Sir ochres and black, and some containing oxide of
Humphry Davy (Phil. Trans. of the Royal Society, manganese; the whites were all carbonates of
1815) on some remains of ancient colours and  lime.
paintings in the baths of Titus and of Livia, and    The reds discovered in an earthen vase containin other ruins of antiquity, we are enabled to col- ing a variety of colours, were, red oxide of lead
lect a tolerably satisfactory account of the colour- (miniusztn), and two iron ochres of different tints, a
ing materials employed by the Greek and Roman  dull red, and a purplish red nearly of the salme
painters.                                          tint as prussiate of copper; they were all mixed
The painting of the Greeks is very generally  with chalk or carbonate of lime.  The yellows
considered to have been inferior to their sculpture; were pure ochres with carbonate of lime, and
this partially arises from  very imperfect inforin- ochre mixed with minium  and carbonate of lime.
ationj and a very erroneous notion respecting the  The blues were oxides of copper with carbonate
resources of the Greek painters in colouring.  The  of lime.  Sir H. Davy discovered a frit made by
error originated apparently with Pliny himself, means of soda and coloured with oxide of copper,
who says (xxxv. 32), 1"Quatuor coloribus solis  approaching ultranarine in tint, which he supimmortalia illa opera fecere, ex albis Melino, ex  posed to be the frit of Alexandria; its composition,
silaceis Attico, ex rubris Sinopide Pontica, ex  he says, was perfect —" that of embodying the
nigris atramenito, Apelles, Echion, Melanthius, colour in a composition resembling stone, so as to
Necomachus, ciarissimi pictores;" and (xxxv. 36), prevent the escape of elastic matter from it, or the
"Leoentes meminerint omnia ea quatuor coloribus  decomposing action of the elements; this is a
facta."   This mlistake, as Sir H. Davy has sup- species of artificial lapis lazuli, the colouring matter
posed, may have arisen from an imperfect recollec-  of which is naturally inherent in a hard siliceous
tion of a passage in Cicero (Brtutus, c. 18), which, stone."
however, directly contradicts the  statement of    Of greens there tWere many shades, all, however,
Pliny:-" In pictura Zeuxim  et Polygnotum, et either carbonate or oxide of copper, mixed with
Tinmanthem,   et eorum, qui non sunt usi plusquam  carbonate of lime.  The browns consisted of ochres
quattuor coloribhus, formas et lineamenta laudamus:  calcined, and oxides of iron and of mainganese, and
at in Echione, Niconmacho, Protogene, Apelle jam   compounds of ochres and blacks.  Sir H. Davy
pdrfecta sunt omnia."   HeIe Cicero extols the  could not ascertain whether the like which he disdesign  alid drawing of Polygnotus, Zeuxis, and  covered was of rarlimal or of vegetable origin; if of
Timanthes, and those who used but four colours; anlimal, he supposed that it was very probably the
and observes in contradistinction, that in Echion,  rTyrian or marine purple.  He discovered also a
Nicomachus, Protocgenes, and Apelles, all things  colour which he supposed to be black wad, or
were perfect.  But the remark  of Pliny, that hydrated binoxide of manganese;   also a black
Apelies, Echion, Melanthius, and Nicomachus used  colour composed of chalk, mixed with the ink of
-but four colours, including both. black and white  the sepia officimnalis otr cuttle-fish.  The transparent




COLORES.                                         COLORES.                  221
blue glass of the ancients he found to be stained  proved of by the ancients; its tint depended upon
with oxide of cobalt, and the purple with oxide of the quantity of carbonate of lime mixed with it.
manganese.                                         Pliny mentions various kinds of verdigris (diaThe following list, compiled from the different cetate of copper), aertseo, Ids, i's XaXKor, cypria
sources of our information concerning the pigments  aeruyo, and aeruca, and a particular preparation of
known to the ancients, will serve to convey an  verdigris called scolecia.  Sir H. Davy supposes
idea of the great resources of the Greek and Ro-  the ancients to have used also acetate of copper
man painters in this department of their art; and  (distilled verdigris) as a pigment.  Besides the
which, in the opinion of Sir H. Davy, were fully  above were several green earths, all cupreous
equal to the resources of the great Italian painters  oxides: Theodotion (Oeo'drs'ov), so called from
in the sixteenth century:-                       being found upon the estate of Theodotius, near
RED.  The ancient reds were very numerous.  Smyrna; Appi79anum; and the creta vi-idis, comKrvvcldCapt, pIXAros, cinnaba-is, cinnabar, vermilion, mon green earth of Verona.
bisulphuret of mercury, called also by Pliny and    BLUE.  The ancient blues were also very
Vitruvius siniumnZ.                              numerous; the principal of these was coaerslesmz,
The icLvvdCapL'IraK V,, cinnabaris Indica, men-  ictavos, azure, a species of verditer or blue carbotioned by Pliny and Dioscorides, was what is  nate of copper, of which there were many varieties.
vulgarly called dragon's-blood, the resin obtained  It was generally mixed' with carbonate of lime.
from various species of the calamus palm.        Vitruvius and Pliny speak of the Alexandrian,
M[LATos seems to have had various significa- the Cyprian, and the Scythian; the Alexandrinll
tions; it was used for cinnabaris, miiniurn, red lead, was the most valued, as approaching nearest to
and r-zsica, red ochre.  There were various kinds  ultramarine.  It was made also at Pozzuoli by a
of rulbicae, the Cappadocian, the Egyptian, the  certain Vestorins, who had learnt the method of its
Spanish, and the Lemnian; all were, however, preparation in Egypt; this was distinguished by
red iron oxides, of which the best were. the  the name of coelon.  There was also a washed
Lemnian, from the isle of Lemnos, and the Cap-  caeruleum called lomen2tum, and an inferior descrippadocian, called by the Romans rubrica Sinopica, tion of this called tritunm..ly the Greeks: uo'rirs, from Sinope in Paphlagonia,    It appears that ultramarine (lapis lazuli) was
whence it was first brought.  There was also an  known to the ancients under the name of An4seAfrican rtsbrica called cicerculum.              nium,'Apv&,rov, from  Armenia, whence it was
Minium, red oxide of lead, red lead, was called  procured.  Sulphburet of sodium  is the colouring
by the Romans ces ssa uzsta, and, according to  principle of lapis lazuli, according to M. Gmelin of
Vitruvius, sandaracha; by the Greeks, pIALros, Tiibingen.
and, according to Dioscorides (v. 122), ravs3apad i.    Indigo, Indicum,'aIYSIsO'Y, was well known to
Pliny tells us that it was discovered through the  the ancients.
accidental calcination of some cerussa (white lead)    COBALT.  The ancient name for this mineral is
by a fire in the Peiraeeus, and was first used as a  not known; but it has been supposed to be the
pigment by Nicias of Athens, about 330 B. C.     XaKO's of Theophrastus, which he mentions was
The Roman sandaracha seems to have had  used for staining glass.  No cobalt, however, has
various significations, and it is evidently used  been discovered in any of the remains of ancient
differently by the Greek and Roman writers. painting.
Pliny speaks of different shades of sandaracha,    PURPLE.  The ancients had also several kinds
the pale or massicot (yellow oxide of lead), and a  of purple, pzupurissumn, ostrum'7s, /sysginum, and
mixture of the pale with minium; it apparently  various compound colours.  The most valuable of
also signified realgar or the red sulphuret of arsenic:  these was the purpu-rissum, prepared by mixing
there was also a compound colour of equal parts of the creta argentceria with the purple secretion of
sandaracha and rubrica calcined, called sandyx, the murex (7roppdpa).
advauv.  Sir H. Davy supposed this colour.to ap-    NI/sgiyzum,'yLvov  (o'-y?,, woad?), according to
proeach our crimson in tint; in painting it was Vitruvius, is a colour between scarlet and purple.
frequently glazed with purple to give it additional    The Roman ostrusn  -was a compound of red
lustre.                                          ochre and blue oxide of copper.
Pliny speaks of a dark ochre from the isle of    Vitruvius mentions a purple which was obtained
Syros, which he calls Syricum; but he says also  by cooling the ochra usta with wine vinegar.
that it was made by mixing sandyx with rubrica    Rubiae radix, madder-root.
Sinopica.                                          BROWN. Ochrse susta, burnt ochre. The browns
YELLOW. Yellow ochre, hydrated peroxide of were ochres calcined, oxides of iron and of mangairon, the sil of the Romans, the b&Xpc of the Greeks, nese, and compounds of ochres and blacks.
formed the base of many other yellows mixed with    BLACe,  at-amentume, *ps'ea'.  The  ancient
various colours and carbonate of lime. Ochre was  blacks were mostly carbonaceous.  The best for
procured front different parts; the Attic was con- the purposes of painting were eleplantinzem, EAesidered the best; it was first used in painting, ac-  pdvrs-7ov, ivory-black; and tlryinusnz, -rp'oyrvo.,
cording to Pliny, by Polygnotus and Micon, at vine-black, made of burnt vine twigs. The former
Athens, about 460 B. C.                          was used by Apelles, the latter by Polygnotus and'ApEVKucs,V  asuripigmentsums  orpiment (yellow  Micon.
sulphuret of arsenic), was also an important yel-    The atramnentum Indicumn, mentioned by Pliny
low; but it has not been discovered in any of the  and Vitruvius, was probably the Chinese Indian
ancient paintings.  The sandaracha has been al- ink.  The blacks from sepia, and the black woad,
ready nmentioned.                                have been already mentioned.
GrEIZEN.  Chrysocolla, Xptl-'idcoXha,  which ap-    WHITE. The ordinary Greek white was melinu2m,
pears to have been green carbonate of copper or  L7jXids, an earth from the isle of Melos; for fresco
malachite (green vezditter), was the green most ap- painting  the best was the African psaraetoniam,
Y




f, 22            COLOSSUS.                                             COLUM.
cwaparl'VLov, so called from the place of its origin    Among the colossal statues of Greece, the most
on the coast of Africa, not far from Egypt. There  celebrated, according to Pliny, was the bronze
was also a white earth of Eretria, and the annu-  colossus at Rhodes by Chares of Lindus, a pupil of
larian white, creta anulas a or anulare, made from   Lysippus.  (See Diet. of' G. and R. Biog. art.
the glass composition worn in the rings of the  Cliares.)  Pliny mentions another Greek colossus
poor.                                              of Apollo, the work of Calamis, which cost 500
Carbonate of lead or white lead, cesussa, *4iuv-  talents, and was twenty cubits high, in the city of
Owov, was apparently not much used by the ancient Apollonia, whence it was transferred to the capitol
painters; it was nowhere found amongst the Ro-  by M. Lucullus; and also those of Jupiter and
man ruins.                                         Hercules, at Tarentum, by Lysippus.  (Dict. of'
Sir H. Davy is of opinion that the azure, the  G. and R. Biog. art. Lysippus.)  To the list of
red and yellow ochres, and the blacks, have not Pliny must be added the more important colossal
undergone any change of colour whatever in the  statues of Pheidias, the most beautiful of which
ancient fresco paintings; but that many of the  were his chryselephantine  statues of Zeus, at
greens, which are now carbonate of copper, were  Olympia, and of Athena, in the Parthenon at
originally laid on in a state of acetate.          Athens; the largest was his bronze statue of
Pliny divides the colours into colores floridi and  Athena Promachus, on the Acropolis.
colores austeri (xxxv. 12); the colores floridi were    Amongst the works of this description made exthose which, in his time, were supplied by the  pressly by or for the Romans, those most freemployer to the pinter, on account of their ex-  quently alluded to are the following:- 1. A statue
pense, and to secure their being genuine; they were  of Jupiter upon the capitol, made by order of Sp.
mlninium, Armellium, cinnabaris, chrysocolla, Indi-  Carvilius, from the armour of the Samnites, which
cum, and purpurissum; the rest were the austeri.  was so large that it could be seen from the Alban
Both Pliny (xxxv. 12) and Vitruvius (vii. 7)  mount. (Plin. 1. c.)  2. A bronze statue of Apollo
class the colours into natural and artificial; the  at the Palatine library (Plin. I. c.), to which the
natural are those obtained immediately from the  bronze head now preserved in the capitol probably
earth, which, according to Pliny, are Sinopis,  belonged.  3. A bronze statue of Augustus, in the
r:ubrica, paraetonium, rmelinum, Eretrca, and auri-  forum, which bore his name. (Mart. Ep. viii. 44.
pigmentumr;  to these Vitruvius adds ochra, san-  7.)  4. The colossus of Nero, which was executed
daracha, minium  (verceilios), and  chrysocolla, by Zenodorus in marble, and therefore quoted by
being of metallic origin.  The others are called  Pliny in proof that the art of casting metal was
artificial, on account of requiring some particular  then lost.  Its height was 110 or 120 feet. (Plin.
preparation to render them fit for use.            1. c.; Suet. Nero, 31.)  It was originally placed in
To the above list of colours, more names might  the vestibule of the domus aurea (Mart. Spect. ii.
still be added; but being for the most part merely  1, Ep. i. 71. 7; Dion Cass. lxvi. 15) at the bottom
compounds or modifications of those already men-  of the Via Sacra, where the basement upon which
tioned, they would only take up space without  it stood is still to be seen, and from  it the congiving us any additional insight into the resources  tiguous amphitheatre is supposed to have gainled
of the ancient painters; those which we have  the name of " Colosseum."  Having suffered in the
already enumerated are sufficient to form an in-  fire which  destroyed the golden house, it was
finite variety of colour, and conclusively prove  repaired by Vespasian, and by him converted into
that the ancient painters, if they had not more, a statue of the sun.  (Hieronym. in Hab. c. 3;
had at least equal resources in this most essential  Suet. Vesp. 18; Plin. 1. c.; compare Lamprid.
branch of painting with the artists of our own  Commod. 17; Dion Cass. lxxii. 15.)  Twentytimes.                             [R. N. W.]    four elephants were employed by Hadrian to reCOLOSSUS (KcoXooe-rds).  The origin of this  move it, when he was about to build the temple of
word is not known, the suggestions of the gram-  Rome.  (Spart. IHadr. 19.)  5. An equestrian
marians being either ridiculous, or imperfect in  statue of Domitian, of bronze gilt, which was
point of etymology.  (Ety7cm. Mag. p. 526. 16; placed in the centre of the forum.  (Stat. Sylv. i.
Festus, s. v.)  It is, however, very ancient, pro-  1. 1; Mart. LEo. i. 71. 6.)           [A. R.)
buably of Ionic extraction, and rarely occurs in the  COLUM  (Qjuo's), a strainer or colander, was
Attic writers.  (Blomf. Gloss. ad A esch. Agani. used for straining wine, milk olive-oil, and other
406.) It is used both by the Greeks and Romans
to signify a statue larger than life (Hesych. s. v.;
Aesch. AgcinL. 406; Schol. ad Juv. Sat. viii. 230),
and thence a person of extraordinary stature is
termed co!osseros (Suet. Calig. 35); and the architectural ornaments in the upper members of lofty
buildings, which require to be of large dimensions
in consequence of their remoteness, are termed.
colossicoterac (1oXoo'tuccirepa, Vitruv. iii. 3, compare Id. x. 4).  Statues of this kind, simply
colossal, but not enormously large, were  too
common amongst the Greeks to excite observation
merely from  their size, and are, therefore, rarely
referred to as such; the word being more frequently applied to designate those figures of gigantic dimensions (moles statuarusm, tursbaus paevs,
Plin. IJ. NT. xxxiv. 7. s. 18) which were first
executed in Egypt, and afterwards in Greece and
Italy.




COLUMNA.                                           COLUMNA.                    323
liquids.  Thus we find it employed in the making  given a sketch (Journal, p. 234; see woodcut),
of olive-oil to receive the juice of the berry when  and the splendid tombs and temples, which were
pressed out by the prelum.  Such cola were made  hewn out of the rock, and constructed at the exof hair, broom  or rushes (Virg. Geory. ii. 242;  pense of the most wealthy of the ancient inhabitColum. i. R. xii. 19).  Those that were used as  ants.  We have also direct testimonies to prove
articles of luxury for straining wine were fre-  that the ancients made use of wooden columns in
quently made of some metal, such as bronze or  their edifices.  Pausanias (vi. 24. ~ 7) describes a
silver (Athen. p. 470, d.)  Various specimens of very ancient monument in the market-place at
cola have been found at Pompeii.  The preceding  Elis, consisting of a roof supported by pillars of
woodcut shows the plan and profile of one which
is of silver (Mi1us. Bo1r. vol. viii. 14. fig. 4, 5).
The Romans filled the strainer with ice or snow
(cola nivaria) in order to cool and dilute the wine.
at the same time that it was cleared. [Nix.] [J. Y.]
COLUMBA'RIUM, literally a dove-cote or
pigeon-house, is used to express a variety of objects, all of which however derive their name from      i
their resemblance to a dove-cote.'
1. A sepulchral chamber.  [FuNus.]
2. In a machine used to raise water for the purr-           a 
pose of irrigation, as described by Vitruvius (x. 9),    \X.-,' [ X. 
the vents through which the  vwater was conveyed  
into the receiving trough, were termed Coluambaria.
This will be understood by referring to the wood-  oak.  A temple of Julo at Metapontlum was supcut at p. 100. [ANTLIA.] The difference between  ported by pillars made from the trunks of vines.
that representation and the machine now under  (Plin. H. N. xxiv. 1.)  In the Egyptian architecconsideration, consisted in the following points:-  ture, many of the greatest stone columns are maniThe wheel of the latter is a solid one (tynipa-  fest imitations of the trunk of the palm. (Herod.
snum), instead of radiated (rota); and was worked  ii. 169.)
as a treadmill, by men who stood upon platforms    As the tree required to be based upon a flat
projecting from  the flat sides, instead of being  square stone, and to have a stone or tile of similar
turned by a stream.  Between the intervals of form fixed on its summit to preserve it from decay,
each platform a series of grooves or channels (co-  so the column was made with a square base, and
lanbaria) were formed in the sides of the tympa-  was covered with an abacus.  [ABACIus.]  Hence
num, through which the water taken up by a  the principal parts of which every colunln consists
number of scoops placed on the outer margin of are three, the base, the shaft, and the capital.
the wheel, like the jars in the cut referred to, was    In the Doric, which is the oldest style of Greek
conducted into a wooden trough below (labraum   architecture, we must consider all the columns in
ligneton suppositum, Vitruv. 1. c.).               the same row as having one common base (podlizum),
3. The cavities which receive the extreme ends  whereas in the Ionic and Corinthian each column
of the beams upon which a roof is supported (tig-  has a separate base, called rr7re7pa. [SPIRA.] The
noraun  cubilia), and which are represented by  capitals of these two latter orders show, cn comtriglyphs in the Doric order, were termed Colunm-  parison with the Doric, a greater degree of combarie by the Roman architects; that is, whilst  plexity and a much richer style of ornament;
they remained empty, and until filled up by the  and the character of lightness and elegance is
head of the beam. The corresponding Greek term  further obtained in them  by their more slender
was o7rai (from b7r5, a hole), and hence the space  shaft, its height being much greater in proportion
between two such cavities, that is, in the comrn-  to its thickness.  Of all these circumstances some
plete building, between two triglyphs, was called  idea may be formed by the inspection of the three
uztt7rv,   a metope. (Vitruv. iv. 2; Marquez, Dell' accompanying specimens of pillars selected from
Orline Dorico, vii. 37.)              [A. R.]
COLUMEN, which is the same word as cml-                            I
men, is used in architecture, either generally for
the roof of a building, or particularly for a beamn
in the highest part of the slope of a roof.  By this
description Vitruvius seems to mean either the collar-beams, or the king-post, but more probably the
latter, as he derives columna from columen (Vitruv. iv. 2. ~ 1. Schn,- Festus).      [P. S.]
COLUMNA (mcldcv, dim. tLoves,,  ceovS, t-ov
ricoes  JTI'Aos, dim. e-rvAls,'TUAVLcaos ), a pillar or
column.
The use of the trunks of trees placed upright
for supporting buildings unquestionably led to the
adoption of similar supports wrought in stone.
Among the agricultural Greeks of Asia Minor,
whose modes of life appear to have suffered little
change for more than two thousand years, Sir C.
Fellowes observed an exact conformity of style and
arrangement between the wooden huts now occupied by the peasantry, of one of which he has
~2




324              COLUMNA.                                         COLUIMNA.
each of the principal orders of ancient architecture. nificent individuals to employ their wealth in preThe first is from a column of the Parthenon at senting them to public structures.  Thus Croesus
Athens, the capital of which is shown on a larger contributed the greater part of the pillars tothe
scale at p. 1.  The second is from the temple of temple at Ephesus. (IHerod. i.'92.)  In the ruins
Bacchus at Teos, the capital of which is introduced  at Labranda, now called Jackly, in' Carits, tablets
at p. 144. The third is from the remains of the  in front of the columns record the names of the
temple of Jupiter at' Labranda.                  donors, as is shown in the specimen of them above
In all the orders the shaft (scapus) tapers from  exhibited.
the bottom  towards the top, thus imitating the    Columns were used in the interior of buildings,
natural form of the trunk of a tree, and at the  to sustain the beams which supported the ceiling.
same time conforming to a general law in'regard  As both the beams and the entire ceiling'were
to the attainment of strength and solidity in all often of stone or marble, which could not be ohupright bodies.  The shaft was, however, made  tained in pieces of so great a length as wood, the
with a slight swelling in the middle, which was columns were in such circumstances frequent in
called the entasis. -It was. moreover, almost uni- proportion, not being more than about ten or twelve
versally, and from the earliest times, channelle4  feet apart. The opisthodomos of the Parthenon of
or fluted, i. e. the outside was striped with inci-i Athens, as appears from traces in the remaining
sions parallel to the axis. (Vitruv. iv. 4.)  These  ruins, had- four columns to support the ceiling.  A
incisions, called striae, were always worked with  common arrangement, especially in buildings of an
extreme regularity.  The section of them'by a  oblong form, was to have two rows of columns
plane parallel to the base was, in the Ionic and  parallel to the two sides, the distance from each
Corinthian' orders, a semicircle;'in the Doric, it side to the next row of columns being less than
wvas an are much less than a semicircle.  Their the distance between the rows themselves.  This
number was 20 in the columns of the Parthenon, construction was adoptd not only in temples, but
above represented; in other instances, 24, 28, in palaces (ol noe).  The great ball of the palace
or 32.                    -                      of Ulysses in Ithaca, that of the king of the
T'he capital was commonly wrought out of one  Phaeacians, and that of the palace of Hercules at'block' of' stone, the shaft consisting of several Thebes (Eurip. Here. I'Ur. 9715-1013), are supcylindrical pieces fitted to one another.  Whlien  posed to have been thus constructed,'the seats of
the column was erected, its component parts were  honour both for the master and mistress, and for
firmly joined together, not by mortar or cement, the more distinguished of their guests, being at
but by iron cramps fixed in the direction of the  the foot of certain pillars.  (Od. vi. 307, viii. 66.
axis.  The annexed woodcut is copied from an  473, xxiii. 90.)  In these regal halls of the Hoengraving  in  Swinburne's Tour in  the Two  meric era, we are also led to imagine the pill~as
Sicilies (vol. ii. p. 301), and represents a Doric  decorated with arms.  When Telemachus enters
column, which has been thrown prostrate in such  his father's ball, he places his spear against a
a manner as to show the capital lying separate, column, and " within the polished spear-holder,"
and the five drums of the shaft, each four feet - y which we must tulderstand one of the striae or
long, with the holes for the iron cramps by which  channels of the shaft. (Od. i. 127-129, xvii. 29;
they were united together.                       Virg. Aen. xii. 92.)  Around the base of'the
columns, near the entrance, all the warriors of the
family were accustomed to incline their spears; and
-I...._  r' ~-,-~  from the upper part of the same they suspended
their bows and quivers on nails or hooks.  (Honm..... -f         -  f%-[           Hymsz. in _Ap. 8.)  The minstrel's lyre hung upon,-.70' r-                         A         — Ad (  its peg from another column nearer the top of the':  X:1 ~1 L1Jroom.  (Od. viii. 67; Pind. 01. i. 17.)  The columns of the hall were also made subservient to
less agreeable uses.  Criminals were tied to them'-_,:;_-~. 2  ~f_~..... in order to be scourged, or otherwise tormented.
(Soph. Ajax, 108; Lobeck ad loc.; Diogr. Laert.
viii. 21; Hesiod, Theog. 521.)  According to the
Columns of an astonishing size were nevertheless  description in the Odyssey, the beams of the hall
erected, in which the shaft was one piece of stone.  of Ulysses were of silver-fir; in such a case, the
For this purpose it was hewn in the quarry into  apartment might be very spacious without being
the requisite form  (Virg. Aen. i. 428), and was overcrowded with columns.  (Od. xix. 38, xxii.
then rolled over the ground, or moved by the aid  176,- 193.)
of various mechanical contrivances, and by im-    Rows of columns were often employed within a
mense labour, to the spot where it was to be set building, to enclose a space open to the sky.
up.  The mausoleum  of the Emperor Hadrian, a  Beams supporting ceilings passed from above the
circular building of such dimensions that it serves  columns to the adjoining walls, so as to form
as the fortress of modern Rome, was surrounded  covered passages or ambulatories (aroai).  Such
by forty-eight loftyand most beaultiful Corinthian  a circuit of columns was called a peristyle (repfpillars, the shaft of each pillar being a single piece  avuXov), and the Roman atriuzs was built upon
of marble.  About the time of Constantine, some  this plan.  The largest and most splendid temples
of these were taken to support the interior of a  enclosed an open space like an atrium, which was
church dedicated to St. Paul, which a few years accomplished by placing one peristyle upon anlother.
ago was destroyed by fire.  The interest attached  In such cases, the lower rows of columns being
to the working and erection of these noble co- Doric, the upper were sometimes Ionic or CorinhImns, the undivided shafts of which consisted of thian, the lighter being properly based upon the
the most valuable and splendid materials, led imu- heavier.  (Paus. viii. 45. ~ 4.)  A-temple so con



COLU MNA.                                          COLUMN.A.                   325 -
tructed wais called hypacthr-al (7ra=Opos). [Tr,.M-  most ancient examples of the order the columns are
PLUM.]                                             very short in proportion to their greatest thickness.
But it was on the exterior of public buildings,  In the temple at Corinth, which is supposed to be
and especially of temples, that columns were dis-  the oldest of all, the height of the columns is only
played in the most beautiful combinations, either  7- modules (i. e. semi-diameters), and in the great
surrounding the building entirely, or arranged in  temple at Paestumn only 8 modules; but greater
porticoes on one or more of its fronts.  (For the  lightness was afterwards given to the order, so
various arrangements of columns see TEMPLUma.)  that, in the Parthenon, which is the best example,
Their original and proper use was, of course, to  the height of the columns is 12 modules. The folsupport the roof of the building; and, amidst all  lowing profile is from the temple of Apollo Epithe elaborations of architectural design, this object curius at Phigaleia, built by the same architect as
was still kept in view.  The natural arrangement  the Parthenon.  For a comparison of the other
in such a case is obvious.  A continuous beam (or  chief examples, see the work of Mauch.
series of beams) would be laid on the tops of a
row of columns.  On this bcamll would rest the
ends of the cross-beams; which would be tied
together by another continuous piece, parallel to                                  -
the first; and above this, if the columns were at'
one end of the building, would rise the pitch of the       b.
roof.  Now in the actual parts of an architectural
order, we see the exact counterpart of these arrangements. On the summit of the row of columns
rests the architrave, i. e. chief beamn  (E7rtL-rAXov,              -
epistyliumz: above this is the frieze (CSWooepos,
Awo/popo, zophormus), in which. the most ancient
order, namely the Doric, shows, in its triglyphs,
what were originally the ends of the cross-beamls:
in the other orders these ends are generally concealed, and the frieze forms a flat surface, which is
frequently ornamented by figures in relief, whence
its Greek name.  Above the frieze projects the
cornice (!copwoyls, coronais, or corona), forming a
handsome finish to. the entablature (for so these
three members taken together are called), and
also, on the sides of the building, serving to unite
the ends of the rafters of the roof. The triangular
gable-end of the roof, above the entablature, is
called the pediment. [FASTIGIUM.]  The detailed
description of the various portions of the column
and entablature, in each of the orders, will be
best understood by reference to the following
wood-cuts, which are taken from  Mauch's Griec/isclen und Ru77ischen Bae-Ordnungen.
I. The Doric Order is characterized by the
absence of a base, the thickness and rapid diminution of the shaft, and the simplicity of the capital,
which consists of a deep abacus, supported by a
very flat oval moulding, called echinus, beneath
which are from  three to five steps or channels
(ciavres, anMzli).  Instead of the kyposorachelizsim
(a sort of neck which unites the shaft to the
capital in the other orders) there is merely a small
portion of the shaft cut off by one or more narrow
channels.  In the entablature, the architrave is in
one surface, and quite plain: the frieze is ornamented by triglyp.s (so called from the three flat    The Roman architects umade considerable varibands into which they are divided by the inter-  ations in the order, the details of which are shown
vening channels), one of which is found over each  in the engraving on the following page, from an excolulnn, and one over each intercolumniation, ex- ample at Albano near.Ronme. In the later examples
cept that the triglyph over a corner column is  of the Roman Doric, a base is given to the column.
placed, not over the centre of the column, but at    II. The Ionic Order is as much distinguished
the extremity of the architrave, -a decisive proof, by simple gracefulness as the Doric by majestic
as Vitruvius remarks, that the triglyphs do not strength.   The  column is much more slender
represent windows.  The metopes between the  than the Doric, having, in the earliest known extriglyphs were ornamented with sculptures in high  ample, namely, the temple of Artemis at Ephesus,
relief.  The cornice is flat, and projects far, and on  a height of 16 modules, which was afterwards inits under side are cut several sets of drops, called  creased to 18.  The shaft rests upon a base, which
mutrules (nzutuli), one over each triglyph and each  was either the elaborate Ionic or the Attic [SPIRA;
metope, the surfaces of which follow the slope of ATTICURGES].   The capital either springs dithe roof, and which are said by Vitruvius to repre- rectly from the shaft, or there is a. hypotreachelium,
sent the ends of the rafters of the roof.  In the } separated from the shaft by an astragal imoulding
vI 




326               COLUMN A.                                          COLUMNA.
_____________________     cornice between the architrave and the frieze, and
all three members of the entablature are more or
less ornamented with mouldings.  The finest specimnens of the order in'its most simple form are
itiL l.i_-.',-i  those in the temple of the Ilissus, and the temple
of Athena Polias at Priene; the latter is usually
H;~!, FAilh'   Iconsidered the best example of all.  The portico
l f l H!.-HHX   of the temple of Athena Polias, adjoining to the
Erechtheitum, at Athens, displays a greater profusion!          i       of ornament, but is equally pure in its outlines.:_..      _ _    It is shown in the preceding engraving.
jL U   -  The use of the ionic Order presented one important difficulty.   In the side view  of the
capital, the volutes did not show their beautiful
spiral curl, but only a roll, bound together by
astragals; so that, where the order had to be carried round a corner, it was necessary that the
__  {capital of the corner column should present two
faces.  This was accomplished by giving the outer
volute an inclination of 450 to the surfaces, and
sculpturing the spiral on each of its sides, as shown
in the following engraving; in which the upper
figure shows an elevation, viewed from the inner,                         side, and the lower figure a plan, of a corner capital
of the Ionic Order.
and sometimes, as in the Erechtheilum, adorned  
with leaf-work (&,Odellov).  The capital itself con-  X,
sists of, first, an astragal moulding, above which  
is an echinus, sculptured into eggs and serpents'
tongues, and above this (sometimes with a torus                          
intervening) the canalis, from  which spring the
spiral volutes, which are the chief characteristics.!
of the order.  There is generally an ornamented
abacus between the capital and the entablature.
The architrave is in three faces, the one slightly
projecting beyond the other; there is a small
tors, frequently made all the capitals with corner
________________       volutes.  Their volutes also are usually stiff and
meagre, and the order, as a whole, remarkably inferior to the Grecian examples.  For a collection of
specimens of the order, see the plates of Mauch.
III. The Coritluian Order is still miore slender
than the Ionic, and is especially characterised by
its beautiful capital, which is said to have been
suggested to the mind of the celebrated sculptor
Callimachus by the sight of a basket, covered by
a tile, and overgrown by the leaves of an acanthuts,
on which it had accidentally been placed.  The
lowest member of the capital, answering to the
I ylypotracleliui, is a sort of calyx (calatlhs), from




COLUMNA.                                           COL UL MNA.                 327
which  spring generally two rows  of  acanthus    To these three orders the Roman architects
leaves, surmounted at each corner by a small added two others, which have, however, no claim
volute, the spaces between the volntes being oc-  to be considered as distinct orders.  The Tuscaa
cupied by flowers, masks, or arabesques, or by an-  is only known to us by the description of Vitruother pair of volutes intertwining with each other.  vius, as no ancient example of it has been preIn  the earlier examples, however, there is fre-  served.  It was evidently nothing more than a
quently only one row of acanthus leaves; and in  modification of the Roman Doric, stripped of its
the so-called Tower of the Winds the volutes are  ornaments.  The Roman or Composite Order is
wanting, and the capital consists  only of an  only a sort of mongrel of the Corinthian and Ionic;
astragal, a single row  of acanthus leaves, and a  the general character being  Corinthian, except
row of tongue-shaped leaves.  In all the examples,  that the upper part of the capital is formed of an
except the last-mentioned, the abacus, instead of  Ionic capital with angular volutes:  and both
being square, as in the other orders, is hollowed at  capital and entablature are overloaded with ornathe edges, and the middle of each edge is orlia-  ments.  The engraving is from the triumphal arch
mented with a flower.  The ornaments of the  of Titus, which is considered the best example.
capital were sometimes cast in bronze. The order
seems to have been invented about the time of the.                                          _
Peloponnesian War; but it did not come into general I        >,
use till some time afterwards.  The earliest known                                   f
example of its use throughout a building is in the
choragic monument of Lysicrates, which was built
in B. c. 335 (see Diet. qf Biog. art. Lysicrattes), lmand
from which the following engraving is taken.' /a,:o.; —,exe
For further details respecting  the orders and
their supposed history, see the 3d  and 4th books
of Vitruvius, the work of Mauch, and Stieglitz's
A rclhiioogie der Baukunst.
It only remains to mention smne other uses of
columns, besides their ordinary employment for
supporting buildings either within or without.
Columns in long rows were used to convey
water in aqueducts (Crates, ap. Atlisen. vi. 94);
and single pillars were fixed in harbours for mooring ships.  (Od. xxii. 466.   Some of these are
found yet standing.
Single columns were also erected to commemorate persons or events.  Among these, some of the
most remarkable  were the colulnae rostratae,
called by that name because three ship-beaks proceeded friom  each side of them, and designed to
record successful engagements at sea (Virg. Geoxg.
iii. 29; Servius, ad loc.).   The most important
and celebrated of those which yet remain, is one
__O__________f           erected in honour of the coansl C. Duillius, on'-> -____ -  {occasion of his victory over the Carthaginian fleet.,
a. c. 261 (see the annexed woodcut).  It was
originally placed in the forum  (Plin. tI. N. xxxiv.
I ), and is now preserved  in the museum  of the
Y 4




328           COLUMNARIUM.                                              COMA.
posed by the lex sulltuaria of Julius Caesar, and
was intended to check the passion for the building
of palaces, which then prevailed at Rome.  The
Ostiuariusn was a similar tax. [OSTIARIUM.]
The columznariumn levied by Metellus Scipio in
- Syria in B. C. 49-48, was a tax of a similar kind,
W' ~C)  ~ 1-3f b but had nothing to do with the tax to which
IJ  1:,W   Cicero alludes in the passage quoted above. This
colurnnarium  was simply an illegal means of extortino money from the provincials. (Cacs. B. C.
iii. 32.)
COLIUS, a distaff. [Fusus.]
COMA  (KtcI77, KOupd.), the hair.  1. GREEK.
rip.~,q         In the earliest times the Greeks wore their hair
0 long, and thus they are constantly called in Homer'_              s etapnlKcoea,UdoYTES'AXaeLO. This ancient practice was
preserved by the Spartans for many centuries.
The Spartan boys always had their hair cut quite
short (Ei  XpW, KetpOsTES, Plut. Lye. 16); but as
soon as they reached the age of puberty (p7r~,~e]~ 6r-     $ t    got), they let it grow long.  They prided themselves upon their hair, calling it the cheapest of
I~(i)W,-~ I             _.[ eXornaments (cwV K4co0Utc   aaea7raWrTaTos), and before going to battle they combed and dressed it
with especial care, in which act Leonidas and his
followers were discovered by the Persian spy becapitol.  The inscription upon it, in great part fore the battle of Thermopylae (Herod. vii. 208,
effaced, is written in obsolete Latin, similar to  209).  It seems that both  Spartan men and
that of the Twelve Tables.  (Quinctil. i. 7.)  women tied their hair in a knot over the crown of
WVhen statues were raised to ennoble victors at the head (comp. Aristoph. Lys. 1316, to/av arapthe Olympic and other games, or to commemorate  ajur7rmlm8e, with Hor. Carse. ii. 11, in coimpltsn
persons who had obtained any high distinction, the  Lacenae iore comeas  reliyatc nodusn: MUller, Doe.
tribute of public homage was rendered still more  iv. 3. ~ 1).  At a later time the Spartans abannotorious and decisive by fixing their statues upon  doned this ancient custom, and wore their hair
pillars.  They thus appeared, as Pliny observes  short, and hence some writers erroneously attribute
(H. NM  xxxiv. 12), to be raised above other *this practice to an earlier period. (Paus. vii. 14.
mortals.                                           ~ 2; Philostr. Vit. Apoll. iii. 15. p. 106, ed. Olear.;
But columns were much more commonly used  Plnt. Alc. 23.)
to commemorate the dead.  For this purpose they    The custom  of the Athenians was different.
varied in size, from the plain marble pillar bearing  They wore their hair long in childhood, and cut it
a simple Greek inscription (Leon. Tarent. in Br. off when they reached the age of puberty.  The
AAnal. i. 239) to those lofty and elaborate columns  cutting off of the hair, which was always done
which are now among the most wonderful and in-'when a boy became an M42,1~os, was a solemn act,
structive  monuments  of ancient Rome.   The  attended with religious ceremonies.  A  libation
column on the right hand in the last woodcut was first offered to Hercules, which was called
exhibits that which the senate erected to the  ohvrrL'ploT or oivlaorTpla  (Hesych. and Phot.
honour of the Emperor Trajan, and crowned with  s. v.); and the hair after being cut off was dedihis colossal statue in bronze.  In the pedestal is a  cated to some deity, usually a river-god. (Aeschyl.
door which leads to a spiral staircase for ascending  CAboiIh. 6; Paus. i. 37. ~ 2.)  It was a very
to the summit.  Light is admitted to this staircase  ancient practice to repair to Delphi to perform this
through numerous apertures.  A  spiral bas-relief ceremony, and Theseus is said to have done so.
is folded round the pillar, which represents the  (Plut. Thes. 5; Theophr. CAr/a. 21.)  The ephebi
emperor's victories over the Dacians, and is one  are always represented on works of art with their
of the most valuable authorities for archaeological hair quite short, in which manner it was also
inquiries.  Including the statue, the height of this  worn by the Athletae (Lucian, Dicl. lIver. 5).
monument, in which the ashes of the emperor were  But when the Athenians passed into the age of
deposited, was not less than 130 feet.  A  similar manhood, they again let their hair grow.  In
column, erected to the memory of the Emperor ancient times at Athens the hair was rolled up
Marcus Aurelius, remains at Rome, and is com- into a kind of knot on the crown of the head; and
monly known by the appellation of the Antonine  fastened with golden clasps in the shape of grasscolumn.  This sort of column was called cochlis or hoppers.  This fashion of wearing the hair, which
cohlznena cocllis.  [COCHLIS.]  After the death of was called KpeosiXos, had gone out just before the
Julius Caesar, the people erected to his memory a  time of Thucydides (i. 6); and what succeeded it
column of solid marble, 20 feet high, in the forum, in the male sex we do not know for certain.  The
with the inscription PARENTI PATRIAE.  (Suet. Athenian females also wore their hair in the same
Jul. 85.)  Columns still exist at Rome, at Con-  fashion, which was in their case called tcdpvtcos,
stantinople, and in Egypt, which were erected to  and an example of which is given in the followother emperors.                        [P. S.]    ing figure of a female  taken  from  Milllngen
COLUMNA'RIUM, a tax imposed inthe time  (iPeiZnt'res Antiques, plate 40). The word Costoynof Julius Caesar upon the pillars that supported a  bium  is used in a similar sense by Petronius
house. (Cic. ad Att. xiii. 6.) It was probably iun-  (c. 110).




COMA.                                             COMA.                     329
of silk (Salinas. Exerc. ad Solin. p. 392), or the
Elean byssus (Paus. vii. 21. ~ 7), and probably
of other materials, which are not mentioned by
ancient writers.  The persons who made these
nets were called KeppuwpaXOXdKOot (Pollux, vii.
179).  Females with this kind of head-dress frequently occur in paintings found at Pompeii, from
one of which the preceding cut is taken, representing a woman wearing a Coa Vestis.    [COA
V~ESTIS.]  (/lIuseo Borbon. vol. viii. p. 5.)
The cadcKos and the tirTpa were, on the contrary, made of close materials. The adKiccos covered
the head entirely like a sack or bag; it was made
of various materials, such as silk, byssus, and
__, X t,7wool.  (Comp. Aristoph. Thesm. 257.)   Sometimes, at least among the Romans, a bladder was
used to answer the same purpose. (Mart. viii. 33.
/(                                   19.)  The juTrpa was a broad band of cloth of
different colours, which was wound round the
hair, and was worn  in various ways.  It was
jJ//i}~~\- <-originally an Eastern head-dress, and may, therej                         ~~/ -wX>1k ~fore, be compared to the modemrn turban.  It is'. " ~\2\\*StA   sometimes spoken of as characteristic of the Phry/gXXB/t\MX4SE  >            gians.  (Herod. i. 195, vii. 62; Virg. Aen. ix.
616, 617; Juv. iii. 66.)  It was, however, also
[ _         _ I    > worn by the Greeks, and Polygnotus is said to
e_____________________________________         have been the first who painted Greek women
with mitrae (Plin. II. N. xxxv. 9. s. 35). The
On vases, however, we most frequently find the  Roman calaeeica or calvatica is said by Servius
heads of females covered with a kind of band or a  (ad Virg. Aen. ix. 616) to have been the same as
coif of net-work. Of these coiffures one was called  the msitra, but in a passage in the Digest (34.
e&lBuVs77, which was a broad band across the fore-  tit. 2. s. 25. ~ 10) they are mentioned as if they
head, sometimes made of metal, and sometimes of were distinct.  In the annexed cut, taken from
leather, adorned with gold: to this the name of Millin (Peintires de Vases Antiques, vol. ii. pl. 43),
oTAx'7yl   was also given, and it appears to have  the female on the right hand wears a o-iKcos and
been much the same as the 6&y7rvU   (Pollux, vii. that on the left a;g-pa.
179; Bittiger, yanseegemnelde, iii. p. 225; A.lPYx).
But the most common kind of head-dress for
females wits called by the general name of KcEKpVipaAos, and this was divided into the three species
of ItelCcpaXoss, aictios, and t/rpa.  The iKeipU-                      i
Q.pa.os, in its narrower sense, was a caul or coif of
net-work, corresponding to the Latin reticuzluo. It 
was worn during the day as well as the night, and  -
has continued in use from the most ancient times
to the present day.  It is mentioned by Homer
(I1. xxii. 469), and is still worn in Italy and
Spain.  These hair-nets were frequently made of
gold-threads (Juv. ii. 96  Petron. 67), sometimes
VWith respect to the colour of the hair, black
i l l \ )'~ll \ l\\S@\9  J  was the most frequLent, but blonde (eavOij Kso'Lm)
was the most prized.  In Homer, Achilles, Ulys-.
/h11t i{  ~ q' III -\\      ~B ses, and other heroes are represented with blonde
hair (I1. i. 197, Od. xiii. 399, &c.)  At a later
time it seems to have been not unfrequent to dye
I  hair, so as to make it either black or blonde, and
this was done by men as well as by women, especially when the hair was growing gray. (Pollux,
ii. 35; Aelian, V. /I.  vii. 20; Athen. xii. p.
542, d.; Lucian,  Amor. 40.)
lROMrAN.  Besides the generic conza we also
find the following words signifying the hair: ca



330                 COI ES.                                          COMITI4A.
pilles, caesarzes, crines, isciecinZCs, and C1-rus, the  some presided over a particular lepartment, with
two last words being used to signify curled hair. a limited authority, as we should term them, cos.In early times the Romans wore their hair long, as  msissioners; others were in-vested with all the
was represented in the oldest statues in the age of powers of the ancient proconsuls and practors.
Varro (De Re Rust. ii. 11. ~ 10), and hence the    The names of the following officers explain
Rornmans of the Augustan age designated theii  themselves:-Comes Orientis (of whom there seem
ancestors intoensi (Ov. Fast. ii. 30) and capillati to have been two, one the supericr of the other),
(Juv. vi. 30).  But after the introduction of bar-  comes Aegypti, comes Britanniae, comes Africae,
bers into Italy about B. c. 300, it became the  comes rei militaris, comes porturnt, comes stabuli,
practice to wear their hair short.  The women too  comes domesticorum  equitum, comes clibanarius,
originally dressed their hair with great simplicity, comes linteae vestis or vestiarii (master of the
but in the Augustan period a variety of different robes).  In fact the emperor had as many comniles
lhead-dresses came into fashion, many of which are  as he had duties: thus, comes consistorii, the elndescribed by Ovid (de Art. Amz. iii. 136, &c.). peror's privy-councillor; comes largitionum privaSometimes these head-dresses were raised to a  tarum, an officer who managed the emperor's prigreat height by rows of false curls (Juv. Sat. vi. vate revenue, as the comes largitionum  sacrarum
502).  The dressing of the hair of a Roman lady  did the public exchequer.  The latter office united
at this period 8was a most important affair.  So  in a great measure the functions of the aedile and
much attention did the Roman ladies devote to it, quaestor.  The four comites commerciorum, to
that they kept slaves especially for this purpose, whom the government granted the exclusive privicalled ornatrices, and had them  instructed by a  lege of trading in silk with barbarians, were under
master in the art (Ov. de Art. Am. iii. 239; Suet. his control.  An account, however, of the duties
Claud. 40; Dig. 32. tit. 1. s. 65).  Most of the  and functions of the comites of the later empire
Greek head-dresses mentioned above were also  does not fall within the scope of the present
worn by the Roman ladies; but the mitrae appear  work.                                     [B. J.]
to have been confined to prostitutes (Juv. iii. 66).    COMISSA'TIO  (from  Ktcjos, Varr. De Liemg.
One of the simplest modes of wearing the hair  Lat. vii. 89, ed. Muller), the name of a drinking
was allowing it to fall down in tresses behind, and  entertainment, which took place after the coena,
only confining it by a band encircling the. head  from  which, however, it must be distinguished.
[VITTA]. Another favourite plan was platting the  Thus Demetrius says to his guests, after they had
hair, and then fastening it behind with a large  taken their coena in his own house, " Quin copin, as is shown in the figure on p. 14.           missatum  ad fratrem imus?" (Liv. xl. 7); and
Blonde hair was as much prized by the Romans  when Habinnas comes to Trimalchio's house after
as by the Greeks, and hence the Roman ladies  taking his coena elsewhere, it is said that " Comisused a kind of composition or wash to make it ap- sator intravit" (Petron. 65).  It appears to have
pear this colour (spunza caustics, Mart. xiv. 26; been the custom  to partake of some food at the
Plin. II. YT. xxviii. 12. s. 51).                  comissatio (Suet. Vitell. 13), but usually only as a
False hair or wigs (pEiKsschc, T7Y5K), galerus)  kind of relish to the wine.
were worn both by Greeks and Romans.  (See    The comissatio was frequently prolonged to a
e. g. Juv. vi. 1.20.)  Among both people likewise  late hour at night (Suet. Tit. 7); whence the verb
in ancient times the hair was cut closs in mourn-  comissari means " to revel" (Hor. Carne. iv. 1. 11),
ing  [FuNus]; and among both the slaves had  and the substantive coemissator a "' reveller" or
their hair cut close as a mark  of servitude. " debauchee."  Hence Cicero (AlAdAt. i. 16) calls
(A-ristoph. Aves, 911; Plant. Anmple. i. 1. 306; the supporters of Catiline's conspiracy comissatcres
Becker, Ciauricles, vol. ii. p. 380, &c.; Bbttiger, conjzuratios2is.  (Becker, Gallus, vol. ii. p. 235.)
Sabina, vol. i. p. 138, &c.)                         COMI'TIA.  This word is formed from co, cusm,
COMES, first signified a mere attendant or or con, and ire, and therefore comfitimem is a place of
companion, distinguished fiom socius, which always  meeting, and coreitia the meeting itself, or the
implied some bond of union between the persons  assembled people.  In the Roman constitution the
mentioned.  Hence arose several technical senses  comitia were the ordinary and legal meetings or
of the word, the connection of which may be easily  assemblies of the people, and distinct from  the
traced.                                            conciones and concilia; or, according to the still
It was applied to the attendants on magistrates, more strict definition of Messala (ap. Gell. xiii. 15),
in which sense it is used by Suetonius (Jul. Caes. comitia were  those assemblies convened by a
42).  In Horace's time (7Epist. i. 8. 2) it was cus- magistrate for the purpose of putting any subject to
tomnary for young men of family to go out as coetuber- their vote.  This definition does not indeed comnales to governors of provinces and commanders-in-  prehend all kinds of comitia, since in the coenitiaG
chief, under whose eye they learnt the arts of war calata no subjects were put to the vote of the
and peace.  This seems to have led the way for people, certain things being only annolncel to
the introduction of the colzites at home, the main-  them, or they being only witnesses to certain
tenance of whom was, in Horace's opinion (Sat. i. 6. solemn acts, but with this single exception the de1] 01), one of the miseries of wealth. Hence a person  finition is satisfactory.  The Greek writers on
in the suite of the emperor was termed conzes. As  Roman affairs call the comitia at &pXatpeoa-ie,'r
all power was supposed to flow from the imperial apXaLtpEOa, tiKKc Xoia and o/qrpodeopfa.
will, the term was easily transferred to the various    All the powers of government were divided a.t
oflices in the palace and in the provinces (coemites  Rome between the senate, the magistrates, and
palatzis, provinciales).  About the time of Con-  the people in their assemblies.  Properly speakstantine it became a regular honorary title, includ-  ing, the people alone (the pop0ulus) was the real
ing various grades, answering to the comites ordinis  sovereign by whom  the power was delegated to
jpini, secundcli, tertii.  The power of these officers, the magistrates and the senate; and the niagisespecially the provincial, varied with time and place; trates in particular could not perform  any public




COMIT1A.                                           CO0IITIA1.                 331
act, unless they were anthorisvd by the senate and  to have the whole populus as a witness to such an
people. The sovereign people or populus, however, act, which perhaps consisted in an oral declaration.
was not the same at all times.  In the earliest  The populus thus did not vote upon the validity
times of Rome the populus consisted of the patri-  or invalidity of a will, but solely acted the part of
cians (or patres) only, the plebs and the clients  a witness.  (Gellius, xv. 27; Theophil. ii. 10.)
forming no part of the populus, but being without  Assemblies for the express purpose of making the
the pale of the state.  The original populus was  populus witness to a will were in the earliest times
divided into thirty curiae, and the assembly of held twice ill every year (Gaius, ii. ~ 101); but
these curiae, or the comitia curiata, therefore, were  this custom afterwards fell into desuetude. (Gaius,
the only assembly in which the populus was re-  ii. ~ 103.)  A  fourth business transacted in the
presented.  A kind of amalgamation of the patri-  comitia calata was the detestatio sacroruzm, which
cians and the plebs afterwards appeared in the  was in all probability an act connected with the
comitia of the centuries, instituted by king Servius  testamenti factio, that is, a solemn declaration, by
Tullius, and henceforth the term populus was ap-  which the heir was enjoined to undertake the sacra
plied to the united patricians and plebeians assem-  privata of the testator along with the reception of
bled in the comitia centuriata.  But Servius had  his property.  (Gellius, xv. 27, comp. vi. 12;)  It
also made a local division of the whole Roman ter-  has already been observed that originally only the
ritory into thirty tribes, which held their meetings  members of the curiae formed the comitia calata,
in assemblies called comZitia tributa, which, in the  so that they were the same as the comitia curiata,
course of time, acquired the character of national in this respect; but from  the words of Gellius
assemblies, so that the people thus assembled were  (eouum autem alia esse curiatca, alia celnturiata), it
likewise designated by the term  populus.  We  is clear that after the time of Servius Tullius, there
shall examine in order the nature, power, and busi-  must have been two kinds of comitia calata, the
ness of each of these different comitia.'      one convened according to curiae by a lictor, and
I. COMnITIA CALATA.  These and the comitia  the other according to centuries by a cornicen. As
curiata were the only assemblies that met and were  regards the business of the latter, we have no inrecognized at Rome previous to the time of Servius  formation whatever, though it is not impossible,
Tullius, and inasmuch as the populus of which  that in them  all announcements respecting the
they consisted was the same as the populus in the  calendar were made by the pontiffs, as this was a
comnitia curiata, they might also be called comitia  matter of interest to the whole people, and not to
curiata but they differed in their objects, in the  the populus alone (Macrob. and Serv. 11. cc.);
porsons presiding at them, and in the place of and it may further be, that in the calata centuriata
meeting.  The comitia calata were held under the  the testamenta of plebeians were laid before the
presidency of the college of pontiffs (Gellius, xv. assembled people; as in the calata curiata, they
27), who also convened them.  They derived their  were laid before the assembled curies.
name calata (from calare, i. e. vocale) from the cir-    II. COMITIA CURIIATA  (EKXlrai ea  cppacrrptC
cumstance that the attendants or servants of the  or pa-rpLaec) were of far greater importance than
pontiffs, who were probably employed in calling  the comitia calata, inasmuch as the populus here
them  together, were termed calatores.  (Serv. ad  was not present in a mere passive capacity, but
Virg. Georg. i. 268.)  Their place of meeting was  had to decide by its votes as to  whether a
probably always on the Capitol in front of the  measure brought before it was to be adopted
curia Calabra, which seems to have been an official or rejected.  As the populus was at first only
building of the pontiffs, and to have been destined  the body of real citizens, that is, the  patrifor this purpose.  (Paul. Diac. p. 49, ed. Miiller; cians, or those contained in the curiae, none but
Varro, De Ling. Lot. v. 1. p. 24.)  With regard  members of the curiae, that is, patricians, had a
to the functions of the comitia calata, all writers  right to take part in these assemblies.  It is a
are agreed that the people assembled acted merely  disputed point, as to whether the clients of the
a passive part, that they met only for the purpose  patricians had a right to vote in the comitia curiata;
of hearing what was announced, and of being wit-  but it is highly probable that, when they appeared
nesses to the actions there performed.  One of the  in them, they could not act any other part than
things which were made known to the people in  that of listeners and spectators.  They were conthese comitia, was that on the calends of every  vened, in the kingly period, by the king himself,
month it was proclaimed on what day of the new  or by his tribunns celerum, and in the king's abmonth the nones fell, and perhaps also the ides  sence by the praefectus urbi. (Liv. i. 59.)  After
as well as the nature of the other days, namely, the death of a king the comitia were held by the
whether they were fasti or nefasti, comitiales, interrex.  In the republican period, the president
feriae, &c., because all these things were known  was always one of the high patrician magistrates,
in the early times to the pontiffs exclusively. (Liv. viz. a consul, praetor or dictator.  (Cic. De Leg.
ix. 46; Macrob. Sat.: i. 15; Serv. ad Aen, viii. Agr. ii. 11, 12; Liv. ix. 38.)  They were called
654; Varro, De Ling. Lat. vi. 4.)  Another func- together by lictors or heralds.  (Gellius, xv. 27;
tion of the comitia calata was the inauguration of Dionys. ii. 7.)  The votes were given by curiae,
the flamines, and after the banishment of the kings, each curia having one collective vote; but within
also that of the rex sacrorum. (Gellius, 1. c.)  A  a curia each citizen belonging to it had an indethird business which was transacted in them was  pendent vote, and the majority of the members of
the testamentifactio, or the making of a will. The  a curia determined the vote of the whole curia.
object of this was probably to prevent, after the  (Gell. I. c.; Liv. i. 43; Dionys. ii. 14, iv. 20, 84,
death of the testator, any dispute concerning his  v. 6.)  Now as the curiae were thirty in number,
will, to which the whole assembly of the populus  it was impossible to obtain a simple majority,
had been a witness; and it is not improbable that,  which must always have consisted of 16 curiae.
as the art of writing was not sufficiently known in  How  matters were decided in case of 15 curiae
those times, it was thought a matter of importance  voting for and 15 against a measure, is quite un



332               COMITI A.                                          COMIiI 1l
certain;  and the fact that the awkward nunllber  nothing else but the righit of appealilig froim the
30 was chosen or retained for the assembly can be  sentence of the king or judge to the assembly of
accounted for only by the fact that the number  their peers.  WVhen Valerifus Publicola renewved
three and its multiples had a certain sacred import this law, it must have been extended to the plein all matters connected with the constitution.  beians also.  The fourth right of the assembly of
The order in which the curiae voted, was not fixed  the populus was that of deciding upon war and
by any regulation, but it appears that the one  peace, but this decision again could only be made
which gave its vote first, and was called priceipiesm,  when it was proposed by the king.  With regard
was determined by lot.  (Liv. ix. 38.)  Further  to the declaration of war there is no doubt (Liv.
particulars regarding the method of voting, how-  i. 32; Gellius, xvi. 4; Dionys. viii. 91, ix. 69);
ever, are not known.  The president in the comitia  but there is no instance on record of the populus
curiata was always the person that had convoked  ever having had any thing to do with the concluthem, that is, in the kingly period, either the king  sion of treaties of peace; no trace of it occurs till
himself, or the person that acted as his vicegerent, long after the establishment of the republic, so that
and the meeting was always held in the comitium.  we may fairly presume that in early times the
As regards the powers and functions of the  conclusion of peace was left to the king (or the
comitia curiata, it must first of all be borne in mind, consuls) and the senate, and that Dionysius, as in
that in the early times no comitia, of whatever  many other instances, transferred a later custom to
kind they were, had the right to originate any  the early times.  Besides these great functions the
measure, to introduce amendments, or to discuss  curiae had unquestionably many others relating to
the merits and demerits of any subject that was  their own internal administration; and among
brought before them.  All they could do was to  them  we may mention, that no new  members
accept or reject any measure which was brought could be admitted into a curia, either by the cobefore them, so that all proposals were in fact no-  optatio of strangers or by the adlectio of plebeians,
thing but rogationes (popaluls rocyatur), which the  without the consent of the assembly of the curies;
people passed by the formula suti rogas, or rejected  and that no arrogatio could take place without the
by the formula antique.  Whatever was thus de-  concurrence of the assembled curiae under the precreed became law for the king and senate no less  sidency of the pontiffs. - The consent of the curiae
than for the people.  The main points upon which  in such cases is expressed by the term lex curiata.
the populus had to decide, were the election of the  (Gellius, v. 19; Tac. Hist. i. 15.)  It must further
magistrates, including the king himself, the pass-  be remarked, that when a magistrate (such as the
ing of laws, peace and war, the capital punishment king) proposed to the assembly had been elected,
of Roman citizens (Dionys. ii. 14, iv. 20, ix. 41), the populus held a second meeting, in which he
and, lastly, upon certain affairs of the curiae and  was formally inducted in his new  office.  This
gentes.  In the kingly period, the only magistrate  formality was called lex curiata de imnperio, wherein whose person all the powers of the republican  by the magistrate received his insperiumn, together
officers were concentrated, was the king himself. with the right of holding the comitia. (Liv. v. 52;
All the other officers were appointed by him, with  Dion Cass. xxxix. 19, xli. 43; Cic. De Leg. Agr.
the exception of the quaestores, who were elected  ii. 12.)  It was not till a magistrate had thus been
by the people (Ulpian, Dig. ii. 13; but comp. Tac. solemnly installed, that he was a nzmacgistratus op -
Ann. xi. 22; QuAaESTOR). -W'ith regard to the  time lege or optin.ojlere, that is, in the full posseselection of the king, the assembly, as in all other  sion of all the rights and privileges of his office.
mnatters, was limited to the persons proposed by    Down to the time of Servius Tullius, the comitia
the senate through the president in the assembly, curiata were the only popular assemblies of Rome,
that is, when the senate had passed a decree re. and remained of course in the undiminished posspecting the election, the interreges determined  session of the rights above described; but the conupon the candidates, from among whom he was to  stitution of that king brought about a great change,
be chosen, and then proposed them  to the curiae.  by his transferring the principal rights which had
(Dionys. iv. 34, 40, 80, ii. 58, 60, iii. 36; Liv. i. hitherto been enjoyed by the curiae to this new
17; Cic. De Re Publ. ii. 13; comp. INTERREX  national assembly or the comitia centuriata.  The
and REX.)  The priestly officers, such as the Cu- power of electing the magistrates, the decision
riones, Flamines Curiales, were likewise either  upon war, the passing of laws and jurisdiction in
elected by the curiae, or at least inaugurated by  cases of appeal to the body of the Roman people,
them  (Dionys. ii. 22; Gell. 1. c.), until in later  were thus transferred to the comitia of the centimes, B. C. 104, the Domitian law transferred the  turies.  But while the patricians were obliged to
whole appointment of the priestly colleges to the  share their rights with the plebeians, they reserved
comitia of the tribes.  Legislative proposals were  for themselves the very important right of sanclaid before the curiae by the king or the senate,  tioning or rejecting any measure which had been
and they might either pass them as laws or reject passed by the centuries.  Even independent of
them.  Such laws belonging to the kingly period  their right finally to decide upon these questions,
rwere the so-called leyes -egiae; their number cannot they seem, for a time at least, to have exercised a
have been great, as custom  and religion had hal-  considerable power in several departments of the
lowed and firmly established the principal rules of government: thus, the abolition of royalty and the
conduct without there being  any necessity for  establishment of the republic are said to have been
formal legal enactments.  The right of finally de-  decreed by the curiae (Dionys. iv. 75, 84); in
ciding upon the life of Roman citizens (jiudicia de  like manmler they decided upon the property of the
capite cieis Romani) is said to have been given to  last king (Dionys. v. 6), and upon the rewards to
the populus by king Tullus Hostilius (Liv. i. 26, be given to those who had given information reviii. 33; Dionys. iii. 22); and previous to the con-  specting the conspiracy (v. 57).  The sanction of
stitution of Servilus Tullius this privilege was of decrees passed by the centuries is often expressed
course confined to the patriciars, for whom it was  by patres aucetoresfient, and down to the time of the,




COMITIA.                                           COAM ITIA.                 333
Publilian law no decree of the centuries or tribes  great political body, in  which power and incould become law without this sanction.  It need  fluence were to be determined by property aIld
hardly be remarked that the curiae, as long as they  age.  For this purpose, he divided, in his census,
existed, retained the exercise of such rights as af-  the whole body of Roman citizens into six profected the welfare of their own corporations and  perty classes, and 193 centuriae (XdXoi) or votes,
the religious rites connected with them. We sub-  from  which the assemblies in which the people
join a list of the powers and functions which the  gave their votes were called comitia centuriata.
curiae continued to exercise down to the end of  [CENSUS.]  By this means, Servius brought about
the republic.                                      an amualgamation of timocracy and aristocracy; and
1. They conferred the imperium  and the right the poor citizens, though they met their wealthier
of taking the auspices upon magistrates after their  brethren on a footing of equality, yet were unelection; this was done by the lex curiata de ima-  able to exercise any great influence upon public
perio.  This right however must, in the course of affairs, for the wealthier classes voted first, and if
time, have become a mere matter of form, and  they agreed among themselves, they formed a majoin the time of Cicero (ad Att. iv. 18, ad Famn.  rity before the poorer classes would be called upon
xiii. 1), persons even might form  the plan of to vote at all.  In order to render these general
gaining over three augurs to declare that they  observations more intelligible, it is necessary to
had been present in the comitia of the curiae, at give some account of the census which Servius inwhich the imperium had been conferred, although  stituted, and of the manner in which the votes
in reality no such comitia had taken place at all. were distributed among the several divisions of the
This fact warrants ~the conclusion that at that people.  The whole people was conceived as an
time few persons, if any, noticed such comitia or army (exercitus, or, according to the more ancient
the granting of the imperium  in them.  (Comp. term, classis), and was therefore divided into two
Cic. ad Feare. i. 9, ad Q. Frats. iii. 2.)  2. The  parts: the cavalry (equiles), and infantry (pedites),
inauguration of certain priests, such as the Fla-  though it is not by any means necessary to supmines and the Rex Sacrorum, though this took  pose that the people assembled in arms.  The inplace in those comitia of the curiae, which were  fantry was divided into five classes, or, as Dionysius
called calata.  The curio maximus was in all pro-  has it, into six classes, for he regards the whole
bability consecrated, if not elected, in the comitia  body of people, whose property did not come up
curiata.  (Liv. xxvii. 8.)  3. The internal affairs  to the census of the fifth class, as a sixth.  The
of the curiae themselves and of the families con-  class to which a citizen belonged, determined the
nected with them; but most of them  came only  tributum,  or war tax, he had to pay, as well as the
before the comitia calata.  (See above.)  The real kind of service he had to perform in the army and
comitia curiata began to be a mere formality as  the armour in which he had to serve.  But for the
early as the tinme of the Punic wars, and the ancient purpose of voting in the comitia, each class was
division into curiae, as it gradually lost its im-  subdivided into a member of centuries (centussriue,
portance, fell into oblivion: the place of the patri-  probably because cach was conceived to containI
cians was filled by the nobiles or optimates, and  100 men, though the centuries may have greatly
the comitia of the former became a mere empty  differed in the number of men they contained),
show (Cic. De Leg. Agr. ii. 12), and, instead of one half of which consisted of the seniores, and the
the thirty curiae themselves giving their votes, the  other of the junzioses.  Each century, further, was
ceremony was performed by thirty lictors.  The  counted as one vote, so that a class had as many
patrician comitia calata were contimued much longer, votes as it contained centuries.  In like mannerl
especially for the purpose of arrogationes, which  the equites were divided into a number of centuries
under the empire again became a matter of some  or votes.  The two principal authorities on these
consequence.  [ADOPT1O.]                           subdivisions are, Livy (i. 43), and Dionysius (iv.
III. COMIrIA  CENTURIATA  (j X0oXtTS   ic-  16, &c., vii. 59), and the annexed table will show
XkrHi ).  The object of the legislation of Ser-  the census as well as the number of centuries or
vils Tullius was to unite the different elements  votes assigned to each class, and the order in which
of which the Roman people consisted, into one  they voted.
According to Livy.                              According to Dioayszus.
I. CLAssIS.  Census: 100,000 asses.               I. CLASSIS.  Census: 100 minae.
40 centuriae seniorumr.                            40 centuriae seniorumn.
40 centuriae juniorumn.                            40 centuriae juniorum.
2 centuriae fabrum.
IIT. CLassIS.  Census: 75,000 asses.               II. CLASSIs.  Census: 75 minae.
10 centuriae seniorum.                             10 centuriae seniortum.
10 centuriae juniorunm.                            10 centuriae junioruin.
2 centuriae fabrunm (one voting with the seniores
and the other with the juniores).
III. CLASSIS.  Census: 50,000 asses.               III. CLASSIS.  Census: 50 minae.
10 centuriae senisirum.                            10 centuriae seniorum.
10 centuriae junliorum.                            10 centuriae juniorutm.
IV. CLASSIS.  Census: 25,000 asses.               IV. CLASSIS.  Census: 25 minae.
10 centuriae seniornm.                            10 centuriae seniorunm.
I 0 centuriae juniorum.                           10 centuriae juniorum.
2 centuriae cornicinum and tubicinum (one voting
with the seniores, and the other with the
juniores).




,334              COMITIA.                                            COMITIA.
According to Livy.                              According to Dionysius.
V. CLAssEs.  Census: 11,000 asses.                V. CLASSIS.  Census: 12- minae.
15 centuriae seniorum.                             1 5 centuriae seniorum.
15 centuriae juniorum.                             15 centuriae juniorum.
3 centuriae accensorun, cornicinum, tubicin111. VI. CLASSIS.  Census: below 12-n msinae.
I centuria capite censorum.                        1 centuria capite censorum
According to both Dionysius and Livy, the equites  vii. 22, xl. 45), and the decemvirs. (Liv. iii. 33, 35.)
voted in eighteen centuries before the seniores of There are also instances of proconsuls being elected
the first class; and hence, there were according to  by the centuries, but this happened only in extraLivy, altogether 194, and, according to Dionysius,  ordinary cases.  (Liv. xxxiii. 30, xxxiv. 18.)
193 centuries or votes.  Livy's even number of    (b.) Legislation.  The legislative power of the
194 centuries would have rendered it impossible to  centuries at first consisted in their passing or reobtain an absolute majority in the comitia; and it jecting a measure which was brought before them
has been assumed, that he made a mistake in the  by the presiding magistrate in the form of a senatus
three centuriae accensorum, cornicinum, tubicinum,  consultum, so that the assembly had no right of
which he adds to the fifth class.  Dionysius seems  originating any legislative measure, but voted only
to have represented the matter in its right light,  upon such as were brought before them as resoluand is also born out by Cicero  (De Re Publ. ii. tions of the senate. When a proposal was passed
22), who describes ninety-six as the minority; but by the centuries it became law (lex).  The first
in other respects, Cicero is irreconcileable, both  law passed by the centuries of which we have any
with Livy and Dionysius: a difficulty which will record, was the lex Valeria de provocatione (Cic.
probably never be solved satisfactorily, as the text  DeRe Re Pl. ii. 31), and the laws of the twelve
is corrupt.  The other discrepancies between Livy  tables were sanctioned by the centuries.
and Dionysius are not of great importance.  They     (c.) The decision uzpon eware, on the ground of a
consist in the places assigned to the two centuriae  senatus consultum, likewise belonged to the cenfabrum, the two of the cornicines and tubicines, turies and is often mentioned.  It is generally
and in the census of the fifth class.  With regard  believed that they had also to decide upon the conto the last point, Dionysius  is at any rate more  elusion of peace and treaties, but it has been satisconsistent in his gradation, and in so far deserves to  factorily proved by Rubino ( Ueber Rom. Staatsverf.
be preferred to Livy. As for the places assigned to  p. 259, &c.) that in the early part of the republic,
the four centuries, it is impossible to determine  and perhaps down to the peace of Caudium, this
whether Livy or Dionysius is right; and we can  was not the case, but that peace was concluded by
only say, that Cicero agrees with neither of them, a mere senatus consultum, and without any coassignilg, as he does, only one century of the fabri  operation of the people.
tignarii to the first class.                         (d.) Thze  ighest judicial  power-.  The cornitia
In this manner all Roman citizens, whether  centuriata were in the first place the highest court
patricians or plebeians, who had property to a cer-  of appeal (Dion Cass. xxxix. 27, &c.; comp. APtain amount, were privileged to take part and vote  PELLATIO), and in the second, they had to try all
in the centuriata comitia, and none were excluded  offences committed against the state; hence, all
except slaves, peregrini, women and the aerarii.  cases of perdtecllio and nzajestas, and no case inThe juniores were all men from the age of seven-  volvring the life of a Roman citizen could be deteen to that of forty-six, and the seniores, all men  cided by any other court.  (Cic. p. Sert. 30, 34,
from the age of forty-six upwards.  The order of De Re Ptubl. ii, 36, De Leg. iii. 4; Polyb. vi. 4, 14.)
voting was arranged in such a manner, that if the  This last right was revived or introduced by the
eighteen centuries of the equites and the eighty  Valerian law (Plnt. Publ. 11), and Spurius Cassius
centuries of the first class were agreed upon a  was condemned by the comitia of the centuries.
measure, the question was decided at once, there  There is no reason for believing that the laws of
being no need for calling upon the other classes to  the twelve tables increased the power of the cenvote.  Hence, although all Roman citizens ap-  turies in this respect  and Servius Tullius seems,
peared in these comitia on a footing of equality, in consistency with his principles, to have been
yet by far the greater power was thrown into the  obliged to constitute his national assembly at the
hands of the wealthy.                              same time as the high court of justice.
As regards the functions of the comitia centuriata,    All the powers which we have here mentioned as
it must be observed in general, that all the business  possessed by the centuries, had to be sanctioned,
which had before belonged to the comitia curiata,  when exercised, by the curies, and through this sancwas transferred by Servius to the comitia centu-  tion alone they became valid and binding. The elecriata, that is, they received the right of electing  tion of a magistrate, or, the passing of a law, though
the higher magistrates, of making laws and of de- it was made on the ground of a senatus consultum,
ciding upon war, and afterwards also of concluding  yet required the sanction of the curies.  But, in
peace with foreign nations.                       the course of time, the assembly shook off this
(a.) The election of meagistrates.  After the pre- power of the curiae, which became merely a forsiding magistrate had consulted with the senate  mality, and, in the end, the curiae were obliged to
about the candidates who had offered themselves, give their sanction beforehand to whatever the
he put them  to the vote.  The magistrates that centuries might determine.  This was effected by
were elected by the centuries are the consuls  the Publilian law, in B.c. 337. (Liv. viii. 12.) As
(whence the assembly is called comitia consulariac, thus  the centuries gradually became powerful
Liv. i. 60, x. 11), the praetors (hence, comitia  enough to dispense with the sanction of the curiae,
praetoria, Liv. vii. 1, x. 22), the military tribunes  so they also acquired the right of discussing and
with consular power (Liv. v. 52), the censors (Liv. deciding upon matters which were not brought be



COMITIA                                            COMITIA.                   g3.3
fore them in the form of a senatus consultnm; that naculum  or templum.  There the augur began his
is, they acquired the power of originating measures. observations, and gave his opinion either that the
In reference to the election of magistrates, the  comitia might be held, or that they must be deferred
comitia, originally were not allowed to elect ally  till another day.  This declaration was given to
other except those who were proposed by the pre-  the magistrate; and when the auspices were favoursident, who himself was entirely guided by the  able, the people were called together, which was
resolution of the senate; but in the course of time,  done by three successive and distinct acts: the
the people asserted their riglit so far as to oblige  first was quite a general invitation to come to the
the president to propose any candidate that might assembly (inlicinsm, Varro, De L. L. vi. 94, comp.
offer himself, without the previous sanction of the  86, 88).  At the same time when this invitation
senate.  This change took place about B. c. 482. was proclaimed cihrcum  nZoeros or de szoeris, a horn
In legislative measures a senatas consultum  was  was blown, which being the more audible signal,
indispensable, and  this senatus consultum  was  is mentioned by some writers alone, and without
brought before the people by the consul or the  the inlicium.  (Gellius, xv. 27; Varro, De L. L.
senator who had  originated the measure, after  v. 91.)  When upon this signal, the people asit had previously been exhibited in public for sembled in irregular masses, there followed the
seventeen days, to give the people an opportunity  second call by the accensus, or the call ad concionen,
of becoming acquainted with the nature of the pro-  or conventionenm; that is, to a regular assembly,
posed law.  (Appian, de Bell. Civ. i. 59; Cic. p. and the crowd then separated, grouping themselves
Sext. 51, in Pison. 15.)  Whether the comitia  according to their classes and ages.  (Varro, De
required a senatus consultum  in cases where they  L. L. vi. 88.)   Hereupon  the consul appeared,
acted as the supreme court of justice, is uncertain, ordering the people to come ad cozitlic centzriata;
at least we have no example of a senatus consultum  and led the whole exrecilus- for, in these comitia,
in such a case on record.                         the Roman people are always conceived as an
The comitia centuriata could be held only on  exercitus -  out of the city, to the Campus Martius.
dies conmitiales or fasti, on which it was lawful to  (Varro, I.;c.  Liv. xxxix. 15.)  It was customary
transact business with people, and the number of from the earliest times for an armed force to occupy
such days in every year was about 190 (Varro, the Janiculum, when the people were assembled in
De L. L. vi. 29;  Fest. s. v. Comitiales dies;  the Campus Martius, for the purpose of protecting
Macrob. Sat. i. 16); but on dies nefasti (that is, the city against any sudden attack of the neighbourdies festi, feriati; comp. DIES), and, at first, also  ing people; and on the Janiculum, a vexillum was
on the nundinae, no comitia could be held, until  hoisted during the whole time that the assembly
in B. C. 287 the IHortensian law  ordained that  lasted.  This custom continued to be observed even
the nundinae should be regarded as dies fasti at the time when Rome had no loneer any thing
(Macrob. Sat. i. 16), so that henceforth comitia  to fear from the neighbourilng tribes.  (Liv. I. c.
mnight be held on the nundines, though it was done  Gell. xv. 27; Macrob. Sat. i. 16; Dion Cass.
rarely.  (Cic. ad Att. i. 14.)  Comitia for the pur-  xxxvii. 27, &c.; Serv. ad ilen. viii. 1.)  When
pose of pssing laws could not even be held on all  the people were thus regularly assembled, the busi.
dies fasti.  (Cic. De prov. Cons. 19.)  The comitia  ness was commenced with a solemn sacrifice, and a
for elections took place every year at a certain  prayer of the president, who then took his seat on
period, though it depended upon the senate and the  his tribunal.  (Dionys. vii. 59, x. 32; Liv. xxxi.
consuls, as to whether they wished the elections to  7, xxxix. 15; Cic. p. M'uren. 1; Liv. xxvi. 2.)
take place earlier or later than usual. (Cic. p. Mil.  The president then opened the business by laying
9, ad Fars. viii. 4, p. Muren. 25.)                before the people the subject for the decision, upon
The place where the centuries met, was the  which they had been convened, and concluded his
Campus Martius (Cic. ad Q. Frat. ii. 2; Dionys. exposition with the words: velitis, jubeatis Qu2irites
iv. 84, vii. 59), which contained the septa for the  e. g. bellunm indici, or ut MLI. T/llio aqua igni inztervoters, a tabernaculum for the president, and the  dictum sit, or whatever the subject might be.  This
villa publica for the augurs.  (Cic. p. Rab. Perd.  formula was the standing one in all comitia, and
4; Gellius, xiv. 7; Varro, De Ling. Lat. vi. 87.)  the whole exposition of the president was called
The president at the comitia was the same magis-  rogatio (Liv. iv. 5, vi. 40, xxi. 17, xxii. 10, xxx. 43;
trate who convoked them, and this right was a  Cic. Dle Fisn. ii. 16, in Pisoz. 29, p. Domn. 17, 30;
privilege of the consuls, and, in their absence, of Gell. v. 19.)  When the comitia were assembled
the praetors.  (Cic. ad Farz. x. 12.)  An interrex  for the purpose of an  election, the presiding
and dictator also, or his representative, the magister  magistrate had to read out the names c;f this Ciaequitum, might likewise convene and preside at the  didates, and might exercise his influence by recomitia. (Liv. viii. 23, xxv. 2; Cic. De Leg. ii. 4.)  commending the one whom he thought most fit for
At the beginning of the republic, the praefectus  the office in question. (Liv. x. 22, xxii. 35.)  He
urbi held the comitia for the election of the first was, however, not obliged to announce the names of
consuls (Liv. i. 60); and the censors assembled  all the candidates that offered themselves; as, for
the people only on account of the census and the  example, if a candidate had not attained the lcgilustrum.   (Varro, De L. L. vi. 86.)  In  cases  timate age, or when he sued for one office without
when the assemoly was constituted as a court of having been invested with those through which he
justice, inferior magistrates, after having obtained  had to pass previously, or if there was any other
the permission of the consuls, might likewise pre-  legal obstacle; nay, the president might declare,
side.  (Liv. xxvi. 3.)  One of the main duties de- that if a person, to whom he had any such objection,
volving upon the president, and which he had to  should yet be elected, he would not recognise his
perform before holding the comitia, was to consult election as valid.  (Liv. iii. 21, xxiv. 7; Val. Max.
the auspices. (Auspicari.) For this purpose, the  iii. 8. ~ 3.)  If the assembly had been convened
magistrate accompanied by an augur went out of for the purpose of passing a legislative measure,
the city early in the morning, and chose a taber-  the president usually recommended the proposal, or




336               COMITIA.                                           COMI'I A.
he might grant to others, if they desired it, per-  and C  (condenl2o), and there was, perhaps, a
mission to speak about the measure, either in its  third tablet containing the letters N. L. (non
favour or against it.  (Concionzenm dare, Liv. iii. 71, liquet), but this is an uncertain point. There were
xxxi. 6, &c., xlii. 34; Appian, De B. C. i. 11;  in the Campus Martius septa or inclosures (whether
Dion Cass. xxxviii. 4; Quintil, ii. 4. ~ 3.)  In this  they existed from the earliest times is unknown),
case, however, it was customary for private per-  into which one class of citizens was admitted after
sons to speak before any magistrate, and the orators, another for the purpose of voting.  The first that
until the time of Gracchus, while speaking turned  entered, were the eighteen centuries of the equites,
their face towards the comitium  and the senate  then followed the first class and so on.  It very
house.  (Dion Cass. xxxix. 35; Cic. Lael. 25; rarely happened that the lowest class rwas called
Plut. C. Gracch. 5, Tib. Gracc7h. 14.)  When the  upon to vote, as there was no necessity for it,
comitia acted as a court of justice, the president unless the first class did not agree with the
stated the crime, proposed the punishment to be  equites.  (Dionys. iv. 20, vii. 59, viii. 82, x. 17;
inflicted upon the offender, and then allowed others  Liv. i. 43.)  After the time when the comitia of
to speak either in defence of the accused or against the centuries became amalgamated with those of
him.                                               the tribes, previous to each assembly, a large space
When the subject brought before the assembly  near the villa publica was surrounded with an enwas sufficiently  discussed, the president called  closure, and divided into compartments for the
upon the people to prepare for voting by the words:  several tribes.  The whole of this enclosure was
itc in su7l'agisun, beejlluvantibas diis.  (Liv. xxxi. called ovile, septa, carceres, or cancelli; and in
7.)  Ie then passed the stream  Petronia, and  later times a stone building, containing the whole
went to the sepia.  If the number of citizens  people, was erected; it was divided into compresent at the assembly was thought too small, partments for the classes as well as the tribes and
the decision might be deferred till another day, centuries; the access to these compartments was
but this was rarely done, and a question was  formed by narrow passages called pontes or poezniusually put to the vote, if each century was but culi.   On entering, the citizens received their
represented by a few citizens.  (Liv. vii. 18; Cic. tablets (Cic. ad Att. i. 14, de Leg. iii. 17, in 1Pis.
p. Sext. 51, de Leg. Agr. ii. 9; Plut. Tib. GraCcc/.  15, p. Planec. 6); and when they had consulted
16; Dion Cass. xxxix. 30.)   Respecting the  within the enclosures, they passed out of themn
manner in which the votes were given in the ear- again by a pons or ponticulus, at which they threw
liest times, opinions are divided: some think that their vote into a chest (cista) which was watched
they were given viva voce, and others by means  by oogatores. Hereupon the rogatores collected the
of callcLi, or in both ways, though it seems to  tablets, and gave them to the diribilores, who clasbe more probable that calculi were used.  The  sified and counted the votes, and then handed them
leges tabellariae  introduced a change in  this  over to the custodes, who again checked'them off by
respect, ordaining that the votes should be given  points marked on a tablet.  (Comp. Cic. in Pis. 1 5
in writing. [LEGES  TABELLARISE.]  But pre-  — " vos rogatores, vos diribitores, vos custodes
vious  to  the leges tabellariae, the rogatores, tabellarum.")  The order in which the centuries
who subsequently  collected the written  votes, voted, was determined in the Servian constitution,
stood at -the entrance of the septa, and asked  in the manner described above; but after the union
every citizen for his vote, which was taken down, of the centuries and tribes, the order was determined
and used to determine the vote of each century.. by lot; and this was a matter of no slight import(Dionys. vii. 64.)  In legislative assemblies, the  ance, since it frequently happened that the vote of
voter, probably from  the earliest times, signified  the first determined the manner in. which subsehis disapproval by the word antiquo, and his ap- quent ones voted.  The voting, of course, was conlproval by uti royas.  (Liv. vi. 38, x. 8, xxx. 43, tinuned, until the majority was ascertained.  In the
xxxi. 8, xxxiii. 25; Cic. de Leg. ii. 10.)  At case of elections, the successful candidate was proelections, the name of the successful candidate  claimed twice, —first, by the praeco, and then by
was mentioned to the rogator, who had to mark  the president, and without this renuntiatio  the
the favourable votes by dots which he made by  election was not valid.  After all the business was
the side of the name: hence puneta ferre, to be  done, the president pronounced a prayer (Cic. sp.
successful.  (Liv. x. 13, 22, xxix. 22.)  The  Plane. 6, p. i/lsuren. 1), and dismissed the assembly
custom of voting at elections by tablets with the  with the word discedite.
name of the candidates written on them, was in-    Cases are frequently mentioned in which the
troduced in B. c. 139, by the lex Gabinia tabellaria  proceedings of the assembly were disturbed, so
(Cic. De Leg. iii. 16); two years later L. Cassius  that it was necessary to defer the business till
introduced the  same custom, in  cases of the  another day.  This occurred-1. when it was discomitia acting as a court of justice (Cic. Brut.  covered that the auspices had been unfavourable,
27), and, afterwards, it was established also in  or when the gods manifested their displeasure by
legislative assemblies, and in cases where the  rain, thunder, or lightning; 2. when a tribune
comitia tried persons for perduellio. [LEGES TA-  interceded (Liv. xlv. 21; Dionys. vi. 89; Cic. in
BELLARIAE.]  The two tablets which were given  Vat. 2); 3. when the sun set before the business
to each person for the purpose of voting on legis-  was over, for it was a principle that the auspices
lative measures, were marked the one with U   were valid only for one day from sunrise to sunset
and the other with A (euti rogas and antiquo. Cic. (Varro, De L. L. vii. 51; Dion Cass. xxxix. 65;
ad Att. i. 14).  At elections, the citizens obtained  Liv. x. 22, xli. 17; Dionys. ix. 41); 4. when a
blank tablets, that they might write upon them   nzorbzs comitiactis occurred, i. e. when one of the
the name of the candidate for whom  they voted. assembled citizens was seized with an epileptic fit
(Cic. Phil. xi. 8; Pllt. C. Graccl. 5, Cat. MAlin. 46;  (Dion Cass. xlvi. 33; Gellius, xix. 2; Macrob.
Plin. Epist. iv. 25.)  In judicial assemblies, every  Sat. ii. 8); 5. when the vexillum was taken away
citizen received two tablets marked A  (absolvo)  from the Janiculunm, this being a signal which all




COMITIA.                                            COMITIA.                   337
citizens had to obey (Liv. xxxix. 15; Dion Cass. were elected by them, though the curule aediles
xxxvii. 27; Macrob. Sat. i. 16); 6. when any  were elected at a different time from the plebeian
tumult or insurrection broke out in the city, as  aediles and under the presidency of a consul.
happened now and then during the latter period  (Gell. xiii. 1,5, vi. 9; Cic. p. IPlanc. 4, 20, 22, ad
of the republic. (Cic. p. Sext. 36.)  In all these  -Att. iv. 3, ad Fam. viii. 4; Liv. ix, 46, xxv. 2.)
cases, the assembly had to continue its business on  At a still later time, the quaestors and tribunes of
some other day, sometimes on the next.  The  the soldiers, who had before been appointed by
only exception seems to have been in the case of the consuls, were appointed in the assemblies of the
the election of the censors, for if both could not be  tribes. (Cic. ad Fae. vii. 30, in Vat. 5; Liv. iv.
elected on the same day, it was necessary to begin  54, vii. 5, ix. 30; Sall. Jazy. 63.) The proconsuls
the election afresh, and if one had been elected, to be sent into the provinces, and the prolongation
his election was not valid. (Liv. ix. 34.)         of the imperium for a magistrate who was already
IV. COMITIA TRIBUTA (Kimc  Vsa s(pXshrKi'). in a province, were likewise points which were
These assemblies likewise were called into existence  determined by the tribes in later times. (Liv. viii,
by the constitution of Servius Tullius, who divided  23, 26, ix. 42, x. 22, xxvii. 22, xxix. 13, xxx.
the Roman territory into thirty local tribes. As these  27, xxxi. 50.)  The inferior magistrates elected
divisions were originally a purely topographical ar-  by the  tribes are: -the  triumviri capitales,
rangement, they were of little or no importance to  triumviri monetales, the curatores viarum, decemthe state; but in the course of time, these local viri litibus judicandis, tribuni aerarii, magistri
divisions were formed into a political union, and the  vicorulm  et pagorum, praefecti annonae, duumviri
assemblies of the tribes became most formidable  navales, quinqueviri muris turribusque reficiendis,
rivals of those of the centuries. The decision upon  triumviri coloniae deducendae, triumviri, quatuorthe. question as to what portion of the Roman  viri, &c., mensarii, and lastly, after the Domitian
population had the right to take part in the comitia  law, B.c. 104, also the members of colleges of
tributa, depends upon the question, as to whether  priests.  The pontifex maximus had been elected
the tribes were instituted as a local organisation  by the people from an earlier time.  (Liv. xxv. 5;
of the whole people (patricians and plebeians), or  Cic. de Leg. Agr. ii. 7.)
whether they were intended for the plebeians    2. Tle leislative power of the comitia tributa
only.  Most modern writers have adopted the  was at first very insignificant, for all they could
opinion of Niebuhr, that the patricians were not do was to pass resolutions and make regulations
considered as members of the tribes, and that ac. concerning the local affairs of the tribes, but they
cordingly, they had no right to take part in their  did not in any way affect the state as a whole.
assemblies, until the time of the decemviral legis-  But after a time when the tribes began to be the
lation.  The question is not one that can be proved  real representatives of the people, matters affecting
with satisfactory evidence; but at any rate no  the whole people also were brought before them
sufficient argument has yet been brought forward  by the tribunes, which, framed as resolutions, were
to upset Niebuhr's view, for the fact of patricians  laid before the senate, where they might either be
and their clients being present at the place of sanctioned or rejected.  This practice of the'tiineeting (Liv. ii. 56), for the purpose of disturbing  buta comitia gradually acquired for them the right
the comitia tributa and preventing their coming to  of taking the initiative in any measure, or the
a decision, does not prove that they possessed the  right of originating measiures, until in B. c. 449
right of voting. After the time of the decemvirate, this right was recognised and sanctioned by a la'i
the patricians had the right of voting in the as-  of L  Valerius Publicola and M. Horatius Bi'rsemblies of the tribes, which were then also con- batus.  (Liv. iii. 55, 67; Dionys. xi. 45.)  This
vened by the higher magistrates.  (Liv. iii. 71; law garve to the decrees passed by the tribes the
comp. TsIBUs.)                                     power of a real lea, binding upon the whole people,
The assemblies of the tribes had originally  provided they obtained the sanction of the senate
only a local power; they were intended to col- and the populus, that is, the people assembled in
lect the tributum, and to furnish the contingents  the comitia curiata or in the cornitia centuriata.
for the army (Dionys. iv. 14, &c.); they may  (Dionys. x. 4, 32.)  At first the tribes acted with
further have discussed the internal affairs of each  considerable moderation and modesty, discussing
tribe, such as the making or keeping up of roads, only those subjects which affected their own order
wells, and the like. But their influence gradually  or individual plebeians, such as the amnesty after
increased, for the commonalty being more nume-  the secession, plebeian magistrates, usury and the
rous than the patricians, and being in a state of like.  In B. c. 339, the Publilian law enacted ut
growth and development, and guided by active plebiscite omnes Qairites tenesent.  (Liv. viii. 12.)
land energetic tribunes, the internal administration  This law was either a re-enactment of the one
of the tribes gradually assumed the character of an  passed in B. c. 449, or contained a more detailed
administration of the internal affairs of the republic, specification of the cases in which plebiscita should
while the comitia of the centuries were more cal- be binding tupon the whole nation, or, lastly, it
culated to represent the state in its relations to  made their validity independent of the sanction of
foreign countries.  As the commonalty grew  in  other comitia, so that nothing would be required
strength, it made greater claims; each victory gave  except the assent of the senate.  In B. C. 287, the
it fresh courage, and thus the comitia tributa  Hortensian law was passed, which seems to have
gradually acquired the following powers:-          been only a revival and a confirmation of the two
1. The election qf tlse inferior magistrates, whose  preceding laws, for it was framed in almost the
office it was to protect the commonalty or to super-  same terms (Plin. H. N. xvi. 10; Gell. xv. 27
intend the affairs of the tribes.  The Publilian  Gaius, i. 3); but it may also be, that the Hortenlaw in B. c. 471, secured to the comitia tributa the  sian law made the plebiscita independent of the
right of electing the tribunes of the plebs. (Liv. ii. sanction of the senate, so that henceforth  the
5t; I)ionys. ix. 49.)  In like manner, the aediles  comitia tributa were quite independent in their
z




338               COMITIA.                                           COMITIA.
legislative character.  Senatus consulta preceding  higher magistrates also sometimes acted as presia plebiscitum, it is true, occur after this time in  dents, though perhaps not without previously ohmany instances, but it does not follow that for this  taining the permission of the tribunes.  There are
reason a senatus consultum was necessary for every  only a few instances of higher magistrates presiding
plebiscitum  (Dionys. ix. 41), for we must dis-  in the comitia tributa when assembled for purposes
tinguish between those plebiscita which affected  of legislation (Plin. H. N. xvi. 15; Cic. p: Btlb.
the rights of the people, and those which touched  24; Dion Cass. xxxviii. 6, xxxix. 65; Appian, De
upon the administration  of the republic; the  Bell. Civ. iii. 7, 27); but the consuls and praetors
former of these are constantly mentioned with-  often appear as presidents at the elections of triout a senatus consultum, but the latter never.  bunes, aediles, and quaestors (Liv. iii. 55, 64;
[PLEBISCITUTM.]                                   Dionys. ix. 41, 43, 49; Appian, De Bell. Civ. i. 14;
3. Thle judicial power of the comitia tributa was  Cic. p. Plane. 20, ad Att. iv. 3, in Vat. 5, ad Fan?.
much more limited than that of the comitia cen-  vii. 30); as well as when the comitia tributa wisre
turiata, inasmuch as they could take cognizance  assembled as a court of justice.  (Liv. xxv. 4;
only of offences against the majesty of the people, Appian, De Bell. Civ. i. 31; )ion Cass. xxviii. 17.)
while all crimes committed against the state were    The preparations for the comitia tributa were
brought before the centuries.  Even patricians, less formal and solemn than for those of the cenwhen they had offended against the commonalty  turies.  In the case of elections, the candidates had
or its members, were tried and fined by the tribes. to give in their names, and the president comThis again constitutes a difference between the  municated them to the people.  (Liv. iii. 64; Apjudicial power of the centuries and that of the  pian, De Bell. Civ. i. 14.)  When a legislative
tribes, for the former could inflict capital punish-  measure was to be brought before the assembly, a
ment, but the latter only fines.  There are, in-  tribune (the proposer of the bill was called roqator,
deed, cases in which the tribes might appear to  and the others adscriptores) made the people achave sentenced persons to exile; but such exile is  quainted with it in conzeones, and that on the three
not the result of a real verdict, but only a measure  preceding nundines.  The same was the case when
taken against thos- who during the trial went into  the people were to meet as a court of justice. The
voluntary exile, which might then be made a ne- anspicia were not consulted for the comitia of the
cessary exile, by the interdictio aquae et icnis being  tribes, but the spectio alone was sufficient, and the
added.  (Liv. xxv. 3, xxvi. 3; Cic. Osctt. p. Dom. tribunes had the right of obsz6sntiatio.  The con16, &c.)  When the tribes acquired this right is  veniIg of these assemblies was likewise less solemn
uncertain, for that it was not originally possessed  than that of the centuries, for the tribune who had
by them, is clear from the expressions used by oue  been chosen to preside either at an election or
authorities.  The offences for which persons were  brought forward a Iogation, simply invited the
summon d before the tribes, were bad conduct of a  citizens by his viatores, who were also sent into
magistrate in the performance of his duties, neglect  different parts of the country to invite the people
of dity, ill management of a war, embezzlement of living at a distance.  (Appian, De Bell. Civ. i. 29.)
the public money, and a variety of offences of pri-  At the meeting itself, he sat on tho tribunal supvate individuals, such as disturbance of the public  ported by his colleagues (Liv. xxv. 3; Dion Cass.
peace, usury, adultery, and the like.  The comitia  xxxix. 65), and laid before the people his bill, the
tributa also acted as courts of appeal, e. g. when a  name of the candidate, or made them  acquainted
person protested against a fine imposed by a magi-  with the nature of the offence on which they had
strate.  (Dionys. vii. 17; Cic. De Leg. iii. 3; Liv.  to pass sentence, concluding with the words velitis,
xl. 42; Zonar. vii. 17.)  The persons who acted jubeatis Quirites.  The bill was never read by the
as accusers in the comitia tributa were the tribunes  tribune himself, but by a praeco, and then began
and aediles.                                       the debates, in which persons might either oppose
With regard to the time at which these comit'a  or recommend the measure, though private persons
were or could be convened, the same regulations  had to ask the tribunes for permission to speak.
were observed as at the comitia centuriata.  They  When the discussion was over the president called
might assemble either within or without the city, upon the people ite in suzfiagiz mn, as at the comitia
but not further from it than 1000 paces, because  centuriata. They then formed themselves into their
the power of the tribunes did not extend further.  tribes, which, like the centuries, ascertained their
For elections the Campus Martius was usually  own votes in enclosures (septa).  Which of the
chosen (Cic. ad Att. iv. 3, ad Fam. vii. 30; Plut. 35 tribes was to give its vote first, was determined
C. Gracch. 3), but sometimes also the forum, the  by lot, and that tribe was called prac-rogativa or
Capitol, or the Circus Flaminius.  (Cic. ad A4tt. i. principiuma (the others were termed jure vocatae).
16; Liv. xxxiii. 10, xxvii. 21.)  The presidents  The vote of the first tribe was given by some perwere commonly the tribunes who were supported  son of distinction whose name was mentioned in
by the aediles, and no matter could be brought be-  the plebiscitum, if it was of a legislative nature.
fore the tribes without the knowledge and consent The manner of collecting the votes was, on the
of the tribunes (Liv. xxvii. 22, xxx. 41; Cic. de  whole, the same as in the comlitia centuriata.  The
Ley. Agr. ii. 8); even the aediles could not bring  announcing of the result of the votes was the rea proposal before them without the permission of nusztiatio.  If it so happened that two candidates
the tribunes. (Gell. iv. 4; Dionys. vi. 90.)  One  had th3 same number of votes, the question was
of them was chosen either by lot or by common  decided by drawing lots. The circumstances which
agreement to act as president (Liv. ii. 56, iii. 64, i might cause the meeting to break up and defer its
iv. 57, v. 17); but his colleagues usually had to  business till another day, are the same as those
sign the proposal which he brought before the  which put an end to the comitia centuriata.  If,
commonalty. (Cic. p. Sext. 33, de Leg. Agr. ii. 9.)  however, the people were assembled as a court, the
As the comitia tributa, however, more and more  breaking up of the assembly was to the accused
assumed the character of national assemblies, the  equivalent to an acquittal (Cic. p. Domn. 17).  If




COMITIA.                                           COMITIA.                   339
after the comitia the augurs declared that some  second (likewise seniores and juniores), two of the
formality had been neglected, the decree of the  third, two of the fourth, and two of the fifth class.
assembly thereby became void, and persons who  The equites were likewise divided according to
had been elected to an office were obliged to with-  tribes and centuries (Dionys. vi. 13, vii. 72), and
draw.                                              they seem  to have voted with the first class, and
V. The comitia centluriata mixed swith the conzitia  to have been in fact included in it, so as to be
tributea.- The Servian constitution was retained  called centuries of the first class.  (Cic. Phil. ii.
unaltered so long as no great change took place in  33, Liv. xliii. 16; Aurel. Vict. de Vir. Illustr. 57;
the republic, but when the coinage and the standard  Val. Max. vi. 5. ~ 3.)  The centuries of the cor.
of property had become altered, when the constitu-  nicines, tubicines and fabri, which are no longer
tion of the army had been placed on a different mentioned, probably ceased to exist as distinct cenfooting, and above all, when the plebeians began  turies. (Comp. Cic. de Re Publ. ii. 22.)  Respect.
to be recognized as a great and essential element ing the manner in which the votes were given,
in the Roman state, it must have been found in- there are two opinions: according to the first, a
convenient to leave to the equites and the first whole tribe was chosen by lot to give its vote (10
class so great a preponderance in the comitia of the  centuries) first, and according to the second, one
centuries, and it became necessary to secure more  century of the first class, having been determined
power and influence to the democratic element by lot.  If we adopt the former opinion, the votes
-which had grown in strength and was still growing. of the ten centuries contained in a tribe would have
It mav have been the intention to combine the  been given one after another, and the majority, six,
comitia centuriata and tributa in such a manner  would have constituted the result or vote of the
as to make only one assembly of them, but this  tribe.  Now as 18 out of the 35 tribes constituted
was not done.  A  change however took place, a majority, it is evident that 108 centuries might
though no writer mentions either the time when it have constituted a majority against the remaining
was made nor in what it consisted, so that we are  242.  This is an absurdity of which we cannot
left to formn our opinion from  incidental allusions.  conceive the Romans to have been guilty.- The
First, as to the time of the change.  From Livy  voting by tribes, therefore, cannot be conceived as
(i. 43) and Dionysius (iv. 21) it would appear that rational, except in those cases in which the ten
the change did not take place till after the -com-  centuries of every tribe were unanimous; this may
pletion of the 35 tribes, i. e after B. c. 241. Some  have been the case very often, and when it was so,
modern writers, therefore, refer the change to the  the tribus praerogativa was certainly the tribe
censorship of C. Flaminius, B. c. 220, who is said  chosen by lot to give its unanimous vote first. But
to have made the constitution more democratic; if there was any difference of opinion among the
while Niebuhr and others date the change from   centuries making up a tribe, the true majority could
the censorship of Q. Fabius and P. Decius, B. c. only be ascertained by choosing by lot one of the
304. But there is evidence that it must be assigned  70 centuriae of the first class to give its vote first,
to even an earlier date than this, for the (tribus)  or rather it was decided by lot from which tribe
praerogativa is mentioned as early as B. C. 396 in  the two centuries of the first class were to be taken
the election of the consular tribunes (Liv. v. 18), to. give their vote first.  (Hence the plural praerowhere the pure comitia tributa cannot be meant, gativae, Pseud. Ascon. ad Cic. in Verr. p. 139;
and a centuria praerogativa is a thing unknown.    Liv. x. 20.)  The tribe, moreover, to which those
The question about the manner in which the  centuries belonged which voted first, was itself likecombination of the two kinds of comitia was ef- wise called tribus praerogativa.  Of the two cenfected, has been the subject of even much more  turies, again, that of seniores gave its vote before
discussion aldl doubt than that about the time  the juniores, and in the documents both were called
when it was brought about.  The most probable of by the name of their tribe, as Gctleiia juniorunZ
the numerous opinions which have been advanced  (Liv. xxvii. 6, i. e. the juniores of the first class in
on this subject is that of 0. Pantagathus (Fulv. the tribus Galeria), Aniensisjuniorumn  (Liv. xxiv.
Ursinus, ad Liv. i. 43), which has been very ela-  7), Veturia juniorumn (Liv. xxvi. 22; comp. Cic.
borately worked out by Gottling.  (Gescth. d. Ribs. p. Plane. 20, Phil. ii. 33, De Div. ii. 35). As soon
Staatsverf:  pp. 380, &c., 506, &c.)  Pantagathus  as the praerogativa had voted, the renuntiatio took
believes that the citizens of each tribe were, divided  place, and the remaining centuries then deliberated
into five property classes, each consisting of seniores  whether they should vote the same way or not.
and jlniores, so that each of the 35 tribes con-  When this was done all the centuries of the first
tained ten centuries, and all the tribes together tribe proceeded to vote at once (Dionys. iv. 21), for
350 centuries, a number which corresponds with  there would not have been time for the 350 ceInthat of the days of a Roman lunar year.  Accord- turies to vote one after another, as was done by
ing to this new  arrangement, the five ancient the 193 centuries in the comitia centuriata.  (Cic.
classes, divided into seniores and juniores, con- p. Plane. 20, in Verr. v. 15, p. Red. in Senat. 11,
tinued to exist as before (Liv. xliii. 16; Cic. ad Quit. 7; Liv. x. 9, 22, xxiv. 7, xxvi. 22,
Phil. ii. 33, p. Flacec. 7, de Re Publ. iv. 2, Acadcn. xxvii. 24; Suet. Caes. 19.)
ii. 33; Saell. Jug. 86), but henceforth they were    These comitia of the centuries combined with
most closely united with the tribes, whereas before  the tribes, were far more democratical than the
the tribes had been mere local divisions and en- comitia of the centuries; they continued to be
tirely independent of property.  The union now  held, and preserved their power along with the
effected was that the classes became subdivisions  comitia tributa, even after the latter had acquired
of the tribes, and that accordingly centuries occur their supreme importance in the republic.  During
both in the classes and in the tribes.  (Cic. p. the time of the moral and political corruption of
Plance. 20, de Leg. Agr. ii. 2.)  Each tribe con-  the Romans, the latter appear to have been chiefly.tained ten centuries, two of the first class (one of attended by the populace, which was guided by
the seniores and one of the juniores), two of the  the tribunes, and the wealthier and more respectz2




340               CUMITIA.                                     COMMISSORIA  LEX.
alle citizens hadl little influence in them.  IWhen  or appointed as its magistrates, until at last even
the libertini and all the Italians were incorporated  this announcement (reanuztiatio) appears to have
in the old thirty-five tribes, and when the political  ceased.
corruption had reached its height, no trace of the   In addition to the works on Roman history in
sedate and moderate character was left by which  general, the reader may consult Unterholzner,
the comitia tributa had been  distinguished  in  De Mlkutata Centuriatorsum  Comit. a Ses;vio 7ullio
former times. (Sall. Cat. 37; Suet. Caes. 41; Cic. Rege InstitutorLms Ratione, Breslau, 1835; G. C.
ad Att. i. 16.)  Violence and bribery became the  Th. Francke, De Ts ibuum, de Curiarusm atque Cenorder of the day, and the needy multitude lent turiarum  Ratione, Schleswig, 1824; Huschke,
willing  ears to  cany instigations  coming  from   Die Vesfessuzng des Sesvius iTullizs, 1838; H1illwealthy bribers and tribunes who were mere de-  mann, Ittosiscee Gruszdvelftcssung; Rubino, Unmagogues.  Sulla for a time did away with these  teirsuc/unyen iiber die R6?ns. Vefyssung, 1 839;
odious proceedings; since, according to some, he  Zumpt, Ueber die Abstiosszzng des ilrmn. Volkes in
abolished the comitia tributa  altogether, or, ac-  Centtsicatcomitien.                   [L. S.]
cording to others, deprived them  of the right of    COMITIAfLIS DIES.  [DIEs.]
electing the sacerdotes, and of all their legislative  COMItTIUIM.  [ForuJu.]
and judicial powers. (Cic. in Vevr. i. 13, 15, de    COMMEA'TUS, a furlough, or leave of absence
Legg. iil. 9; 1.iv. Epit. 89; Appian, dce Bell. Cie.  from the army for a certain time. (Tacit. Anls. xv.
A. 59, 98; comp. TRrBUNvs.)  But the constitu   10; Liv. iii. 46.)
tion, such as it had existed before Sulla, was re-    COMMENTARIENSIS. [Coell eNT. IIUs.]
stored soon after his death by Pompey and others,    COMMENTA'RIUS,  or  COMMENTA'with the exception of the jurisdiction, which was  RIUM, meant a book of memoirs or memorandumfor ever taken from the people by the legislation  book, whence the expression Cassaris Comentsetarii
of Sulla.  The people suffered another loss in the  (" Hinc Caesar libros de bellis a se gestis commendictatorship of J. Caesar, who decided upon peace  tarios inscripsit, quod nudi essent omini ornatu oraand war himself in connection with the senate. tionis, tanquam veste detracto," Cic. Brutzts, c. 75).
(Dion Cass. xlii. 20.)  He had also the whole of Hence it is used for a lawyer's brief, the notes of
the legislation in Iis hands, through his influence  a speech, &c.  (Sen. Cdntr.ov lib. iii. Proem.)
with  the magistrates and  the  tribunes.  The    In the imperial period the word cossmuzentariensis
people thus retained nothing but the e-lection of occurs in the sense of a notary or clerk of the
magistrates  but even this power was much ii-  Fiscus (40. tit. 14. s. 45), and also of a keeper
mited, as Caesar had the right to appoint half of of a  prison  (Walter, Geschlicte des R6tmischesn
the magistrates himself, with  the exception of Reclts, ~~ 818, 819, 2d ed.)  A military officer so
the consuls (Suet. Caes. 41; Cic. PZilip-. vii. 6; called is mentioned by Asconius (in Ver. iii. 28),
Dion Cass. xliii. 51), and, as in addition to this, who probably had similar duties.  The word is
he recommended to the people those candidates  also employed in the sense of a notary or secretary
whom he wished to be elected: and who would  of any sort.  Most of the religious colleges had
have' opposed his wish?  (Dion Cass. xliii. 47;  books called eommenetarii, as commentarii auezurzs.,
Appian,: de Bell. Civ. ii. 18.)  After the death  pontiflfecuz1.                          [B. J.]
of Caesar the comitia continued to be held, but    COMMEIRCIUM.  [CIViTAS.]
were always more or less the obedient instruments    COMMISSO'RIA  LEX is the term applied to
in the hands of the rulers, whose unlimited powers  a clause often inserted in conditions of sale, by
were even recognized and sanctioned by them.  which a vendor reserved to himself the privilege of
(Appian, de Bell. Civ. iv. 7; Dion Cass. xlvi. 55, rescinding the sale, if the purchaser did not pay
xlvii. 2.)  Under Augustus the comitia still sanc-  his purchase-money at the time agreed on.  The
tioned new laws and elected magistrates, but their  lex commissoria did not make the transaction a
whole proceedings were a mere farce, for they  conditional purchase; for in that case, if the pro.could not venture to elect any other persons than  perty were damaged  or destroyed, the loss would
those recommended by the emperor.  (Suet. Augq.  be the loss of the vendor, inasmuch as the pur40, &c.; Dion Cass. liii. 2, 21, lv. 34, lvi. 40.)  chaser, by non-payment of the money at the time
Tiberius deprived the people even of this shadow  agreed on, would fail to perform  the condition,
of their former power, and conferred the power of bbut it was an absolute sale, subject to be rescinded
election upon the senate. (Tacit. A aszcil. i. 15, 81, at the sole pleasure of the vendor, if the money
ii. 36, 51; Veil. Pat. ii. 126.)  When the elec-  was not paid at the time agreed on; and conisetions were made by the'senate the result was  quently if after this agreement the property was
announced to the people assembled as comitia cen. lost or destroyed before the day agreed on for payturiata or tributa.  (Dion Cass. lviii. 20.)  Legis- mnent, the loss fell on the purchaser.  If the vendor
lationm was taken away from the comitia entirely, intended to take advantage of the lex commissoria,
and was completely in the hands of the senate and  it was necessary that he should declare his intention
the emperor.  Caligula placed the comitia again  as soon as the condition was broken.  If he reupon the same footing on which they had been in  ceived or claimed any part of the purchase money
the time of Augustus (Dion Cass. lix. 9; Suet. after the duty agreed upon, he thereby waived the
Cal. 16); but this regulation was soon abandonled, advantage of the lex commnissoria.  It was usual
and every thing was left as it had been arranged  to insert in the commissoria lex an agreement that
by Tiberius. (Dion Cass. lix. 20.) From this time  if the vendor had to sell the property again, the
the comitia may be said to have ceased to exist, first purchaser should make up any deficiency in
as all the sovereign power formerly possessed by  the price, that is, the difference between the amount
the people was conferred upon the emperor by the  for which it was first sold, and the less amount
lex regia. [LEx REGiA.]  The people only as-  which it produced at the second sale. [PsINuus.]
sembled in the Campus Martius for the purpose of (Dig. 18, tit. 3; Thibaut, Systelm, &c. ~ 548,
receiving information as to who had been elected  9th ed.). L.1




COMMUNI DIVIDUNDO, ACTIO.                                     COMOEDIA.                   341
COMMI'SSUI.  One sense of this word is  tit. 6. ~ 20).  They were, however, properly perthat of "forfeited," which apparently is derived  sonal actions (Dig. 10. tit. 1. s. 1), but distinguished
from that sense of the verb commitillte, which is  from other personal actions by this, that in these ac-' to commit a crime," or " to do something wrong."  tions disputed ownership could also be determined.
Asconins says, that those things are commissa  (Savignv, Systeim, &c. vol. v. p. 36.)  This action
which are either done or omitted to be done by a  was maintainable between those who were owners
heres against the will of a testator, and make him  in common of a corporeal thing, which accordingly
subject to a penalty or forfeiture; thus, commissa  was called res communis; and it was maintainable
hereditas would be an inheritance forfeited for  whether they were owners (doszini), or bad merely
some act of commission or omission.  Cicero (Ad  a right to the publiciana actio in rem; and whether
Fam. xiii. 56) speaks of an hypothecated thing  they were socii, as in some cases of a joint purchase,
becoming comsmissa; that is, becoming the abso-  or not socii, as in the case of a thing bequeathed to
lute property of the creditor for default of pay-  them (legata) by a testament; but the action could
ment.  A  thing so forfeited was said in consmis- not be maintained for the division of an hereditas.
sum incidere or cadere.  Commissum was also ap-  In this action an account might be taken of any
plied to a thing in respect of which the vectigal injury done to the common property, or anything
was not paid, or a proper return made to the pub- expended on it, or any profit received from it, by
licani.  A thing thus forfeited (vectigalinu nomine)  any of the joint owners.  Any corporeal thing, as
ceased to be the property of the owner, and was  a piece of land, or a slave, might be the subject of
forfeited, under the empire, to the fiscus.  (Dig. 39. this action.
tit. 4; Suet. Calig. c. 41.)          -[G. L.]       It seems that division was not generally effected
COMMI'XTIO.  [CONFUSIO.]                        by a sale; but if there were several things, the
COMMODA/TUM  is one of those obligationes  judex would adjudicate (aEjudicane) them  severwhich are contracted re.  He who lends to another  ally (Gaits, iv. 42) to the several persons, and
a thing, for a definite time, to be used for a definite  order (condemnase) the party who had the more
purpose, without any pay or reward, is called by  valuable thing or things to pay a sum of money to
modern writers cosninodans; the person who re- the other by way of equality of partition.  It folceives the thing is called commosldatarius; and the  lows from  this that the things must have been
contractis called comasmo(dlattsn. The genuine Roman  valued; and it appears that a sale might be made,
name for the lender is consmmodator (Dig. 13. tit. 6. for the judex was bound to make partition in the
s. 7), and the borrower (commodatarius) is i" is qui way that was most to the advantage of the joint
rem  commodatam  accepit."  It is distinguished  owners, and in the way in which they agreed that
from mutnull  in this, that the thing lent is not one  partition should be made; and it appears that the
of those things quae pondere, nu2eso, szecsurave joint owners might bid for the thing, which was
oonstant, as wine, corn, &c.; and the thing commo- common property, before the judex.  If the thing
data does not become the property of the receiver, was one and indivisible, it was adjudicated to one
who is therefore bound to restore the same thing. of the parties, and he was ordered to pay a fixed
Tie lender retains both the ownership of the thinlg  sum of money to the other or others of the parties.
and the possession.  It differs from locatio et con- "This action, so far as it applies to land, and that
ductio in this, that the use of the thing is gratuitous.  of fanmiliae erciscundae, bear some resemblance to
The commodatarius is liable to the actio commodati, the now abolished English writ of partition, and
if he does not restore the thing; and he is bound  to the bill in equity for partition. (Dig. 10. tit. 3 
to make good all injury which befalls the thing  Cod. 3. tit. 37; Cic. Add'Fan?. vii. 12; Bracton,
while it is in his possession, provided it be such  fol. 443.)                            [G. L.]
injury as a careful person could have prevented,    COMOE'DIA (tao/rpla), comedy. 1. GREEmK.
or provided it be an injury which the thing has  The early stages of the history of comedy are
sustained in being used contrary to the conditions  involved in great indistinctness, as they never
or purpose of the lending.  If a thing was lent to  formed the subject of much inquiry even when intwo persons, each was severally liable for the whole  formation was extant.  This was the case even
(in solidum).  In some cases the comumodatarius  among the Athenians, and to a still larger extent
had an actio contraria againstthe commodalns, who  among the Dorians.  The ancient Greeks seldom
was liable for any inujury sustained by the commo-  showed much aptitude for antiquarian research,
datarins through his dolus, or culpa; as, for instanlce, and for a long time comedy was scarcely thought
if he lknowinlgly lent him bad vessels, and the wine e  deserving  of attention  (Aristot. -Poet. 5), for,
or oil of the commodatarius was thereby lost or  though springing out of the Dionysiac festivals,
injured.  The actio commodati was one of those  it had not that predominantly religious character
in which there were two formulae, in jus and ill which tragedy had.
factum.  (Gaius, iv. 47; Dig. 13. tit. 6; Instit,    That comedy took its rise at the vintage festiiii. 14. ~ 2; Thibaut, Systemn, &c. ~ 477, &c. vals of Dionysus is certain. - It originated, as
9th ed.                                [G. L.]    Aristotle says (Poet. 4), with those who led off
COMMU'NI DIVIDUINDO, AICTIO, is one  the phallic songs (&7rb rL.v i4eapcXd'oCv,  T& q)aXof those actiones which have been called mixtae,  Xuc') of the band bf revellers (wCc&tOS), who at the
from the circumstance of their being partly in rein  vintage festivals of Dionysus gave expression to
and partly in personaml; and duplicia judicia, from  the feelings of exuberant joy and merriment which
the circumstance of both plaintiff and defendant were regarded as appropriate to the occasion, by
being equally interested in the matter of the suit parading about, partly ona foot, partly in wagons,
(Gaius, iv. 160), though the person who instituted  with the symbol of the productive powers of nathe legal proceedings was properly the actor.  It ture, singing a wild, jovial song in honour of
is said in the institutions of Justinian, of the three  Dionysus and his companions.  These songs were
actions for a division, "mixtam  causam  obtinere  commonly interspersed with, or followed by petuvidentur, tam in rin quam ill personanm" (Inst. 4.'ant, extemporal (a'r'ooXecto'LKidl, Arist. Poet..
z 3




342              COMOEDIA.                                          COMOEDIA.
witticisms with which the revellers assailed the  ing drunken persons, and were equipped ill other
bystanders (see the description of the phallophori respects in a manner which, if not very decent,
at Sicyon in Athen. xiv. p. 622), just as the chorus  was appropriate to the part they had to sustain.
in the Frogs of Aristophanes, after their song to  (Athen. 1. c.)  It was the iambic improvisations
Iacchus, begin ridiculing Archedemus (417, &c.). of the exarchi of such choruses which gave rise to
This origin of comedy is indicated by the name  the later comedy.  Antheas of Lindus is spoken
itccLpo2ga, which undoubtedly means " the song of  of as a poet who composed pieces for such comnuses
the Ic&cosoS." This appears both from the testimony  of phallus-bearers, which were called comedies
of Aristotle that it arose out of the phallic songs  (Athen. x. p. 445). Such pieces have been styled
and from  Demosthenes (c. Meid. p. 517), where  lyrical colmedies by many scholars (as Bbcklh,
-we find mentioned together 6 Kic9os Kal oi    KC1, Ico0-  Corp. Inscript. No. 1584, note; and Mtiiller, Ifist.
8oh. (Comp. Muller, IHist. of Gr. Lit. vol. ii. p. 4, of the Lit. of Gsrece, vol. ii. p. 5), to distinguish
Dor. iv. 7. ~ 1; Bode, Gesch. der tellen. Dichtk. them from the comedy proper.  Lobeck and IHervol. ii. part 2. p. 4, &c.; Kanni esser,  die alte mann howzever stoutly deny that there was ally
oo7siselse B iizse aZs Antseo, p. 32.)  Other derisa-  such thing as lyrical tragedy or comedy distinct
tions of the name were however given  even in  from dramatical tragedy and comedy, and yet not
antiquity.  The Megarians, conceiving  it to be  the same with dithyrasubs or phallic songs, and
connected with the word cd/6,uI, and to mean cvii-  affirm that the tragedies and comedies which we
lage-song," appealed to the name as an evidence  hear of before the rise of the regular dranla were
of the superiority of their claim to be considered  only a species of dithyramb and phallic song.
as the originators of comedy over that of the  (Hermaln,n de Tsvagoedia Comoedicaquze Lyrica, in
Athenians (Arist. Poet. 3).  This derivation was  Opusc. vol. vii. p. 211, &c.)  The dispute is more
also adopted by several of the old grammarians  about names than about things; and there seenims
(see Tzetzes, in Cramer's Aeced. Gr. vol. iii. pp. no great objection to applying the term  lyrical
335, 337; Anonym. 7repl tcco,uqrLas in Meineke, tragedy or comedy to pieces intended to be perHist. Grit. Comsic. Graec. pp. 535, 538, 558, and in  formed by choruses, without any actors distinct from
Bekker's Anecd. Gr. p. 747, where a very absurd  the chorus, and having a more dramatic cast than
account of the origin of comedy is given), and  other purely lyrical songs.  This, apparently, was
has the sanction of Bentley, W. Schneider, and  the point to which comedy attained among the
even Bernhardy (Grundlris d. Griech. Lit. vol. ii. Megarians before Susarion introduced it into Atp. 892).                                          tica.  It arose out of the union of the iambic
It was among the Dorians that comedy first as-  lampoon with the phallic songs of the comus, just
sumed any thing of a regular shape.  The Mega-  as tragedy arose out of the union of rhapsodical
rians, both in the mother country and in Sicily, recitations with the dithyramb.
claimed to be considered as its originators (Arist.    Among the Athenians the first attempts at
Plet. 3), and so far as the comedy of Athens is  comedy, according to the alnlost unanimous acconcerned, the claim  of the former appears well counts of antiquity,  were made at Icaria by Sufounded. They were always noted for their coarse  sarion, a native of Tripodiscus in Megara. (Schol.
humour (Aristoph. Vesp. 57, with the schol.; ad Dionys. Thrac. in Bekker's Anecd. Gr. p. 748 
Anthol. Pal. xi. 440; Saidas, s. v. yXAcwss; Bode, Aspasius, Ad Aristot. Ethl. Nic. iv. 2. 20. fol.
vol. ii. pt. 2. p. 27), and their democratical con-  53, B.)  Icaria was the oldest seat of the worship
stitution, which was established at an early period,  of Dionysus in Attica (Athen. ii. p. 40), and
favoured the development of comedy in the proper comus processions must undoubtedly have been
sense of the word. In the aristocratical states the  known there long before the time of Susarion.
mimetic impulse, as connected with the laughable  Iambistic raillery was also an amusement already
or absurd, was obliged to content itself with a less  known in the festivals of Bacchus and Demeter
unrestrained mode of manifestation.  The Lace-  (Mtiller, tlist. of Lit. of Gs. vol. i. p. 132;
daemonians, who had a great fondness for mimetic  Hesychius, s. v. revplzorraei; Suidas, s. o7.'})!euand orchestic amusements, had their esKclXr7.Tati, piewv; Schol. Arist. Achzarn. 708).  From  the
whose exhibitions appear to have been burlesques  jests and banterings directed by the Bacchic coof characters of common life.  The favourite per-  mus, as it paraded about, against the bystanders,
sonages were the fruit-stealer and the foreign  or any others whom  they selected, arose the
quack, for the representation of which they had a  proverb Ta et aijapls (Schol. Arist. Equit. 544,
peculiar mimetic dance. (Pollux, iv. ~ 105; Athen.  N7ub. 296; Suidas, s. v.; Ulpianus ad Demosth.
xiv. p. 621; Plut. Ages. 21. p. 607, d, Apop7htlh.  de Cor. p. 268, ed. Reiske;  Bode,. c. p. 22;
Lac. p. 212, &c.; Schol.  idl Apollon. i. 746;  Photius, Lea. s. a. ha &ic crci & V amr).  This
Miiller. Dor. iv. 6. ~ 9; Bernhardy, 1. c. p. 894.)  amusement continued customary not only at the
Analogous to the 8eUcnlIciral were the PpvaXA.  rural Dionysia, but at the Anthesteria, on the,tcTal (Hesych. s. v.).  Among the forerunners of second day of the festival [DIoNYvsA].  It wvas in
comedy must be mentioned the Phallophori and  the third year of the 50th Olympiadl (B. c. 578),
Ithyphalli at Sicyon.  It was here, where at an  that Susarion introduced at Icaria comedy in that
early period the dithyramb also was dramatised,  stage of development to which it had attained
that the Ic~utos first assurned a more dramatic  anong the  Megarians  (Mar. Par. ep. 40. in
form, and Dionysus was even said to have in-  B1bckh's Corpus Inscript. vol. ii. p. 301).  It is
vented comedy at Sicyon (Anthol. Pal. xi. 32).  not however easy to decide in what his improveThe Phallophori had no masks, but covered their  ments consisted.  Of course there were no actors
faces with chaplets of wild thyme, acanthus, ivy, beside the chorus or comus; whatever there was
and violets, and threw skins round them.  After  of drama must have been performed by the latter.
singing a hymn to Dionysus, they flouted and  The introduction of an actor separate from  the
jeered at any one of the bystanders whom they  chorus, was an improvement not yet made in the
selected.  The Ithyphalli wore masks represent-  drama. According to one grammarian, Susarion was




COMOEDIA                                            COMOEDIA.                  343
file first to give to the iambistic performances of the  and Xenarclhns.  Epicharmus is very commonly
comus a regular metrical form (Schol. ad Dionys. called the inventor of comedy by the grammarians
Tsrac. ap. Bekker, Anecd. G:. p. 748; Meineke, and  others  (Theocr. Epijq. 17;  Suidas s. v.
1. c. p. 549).  He no doubt substituted for the'EirLXap,uos; Solinns, 5, 13); this, howrever, is
more ancient improvisations of the chorus and its  true only of that more artistical shape which he
leader premeditated compositions, though still of gave to it. (Bernhardy, 1. c. p. 900.)  In his efforts
the same general kind; for, as Aristotle says  he appears to have been associated with Phormis,
(Poet. c. 5), Crates was the first who sptev, a somewhat older contemporary.  The Megarians
&c4EtLseYOS     "rs  LaltLKlS is4as Kadi'Xov  rwoiev  in Sicily claimed the honour of the invention of;Ayovs i NubiOovs.  There would seem also to have  comedy, on account of his having lived in Megara
been some kind of poetical contest, for we learn  before he went to Syracuse.  (Dictionary of Biog.
that the prize for the successful poet Wvas a basket anzd  jlVythl. art. Epiciarzns.)    According  to
of figs and a jar of wine (Marrn. Par.. c.; Bentley, Aristotle  (Poet. 5)  Epicharmus  and  Phormnis
Dissest. on tlhe Ep. of P1'hd. vol. i. p. 259, ed. were the first who began  dveov  7roestesi,; which
Dyce).  It was also the practice of those who  Bernlardy (1. c. p. 898) understands to mean that
took part in the comus to smear their faces with  they were the first to introduce regular plots.  The
wine-lees, either to prevent their features from  subjects of his plays were mostly mythological,
being recognised, or to give themselves a more  i. e. were parodies or travesties of mythological
grotesque appearance.  IHence comedy came to be  stories. (Miiller, Dorians, book iv. c. 7.) Whether
called vpv/yq8La, or lee-song.  Others connected  in the representation there was a chorus as well as
the name with the circumstance of a jar of new  actors is not clear, though it has been assumed
wine ('pui) being the prize for the successful  (Grysar, de Dor. Cosn. p. 200, &c.) that he and
poet. (Athen. ii. p. 40; Anon. ap. Meineke, 1. c. Phormis were the earliest comic poets whose works
p. 535; Aristoph. Achacrn. I. 473, &c.; Fragm. reached posterity in a written form. (Bentley, I.c
ap. Athen. xii. p. 551; Acmhazn. 851, 603, Vles. p. 451.)  But the comedy of Epichannus was of
650, 1534; Schol. ad Arist. Acliarn. 397, 498; brief duration.  WVe hear of no successors to him
Schol. ad Plat. de Rep. iii. p. 928, ed. Bait. et except his son or disciple Deinolochus.
Orell.; Bentley, Dissert. on the Ep. of Phal. vol. i.   In Attica, the first comic poet of any importp. 341, &c. ed. Dyce; Bode, 1. c. p. 22.)  There  ance whom we hear of after Susarion is Chionides,
can be lbut little question that Susarion's pieces  who is said to have brought out plays in B. c. 488
were merely intended for the amusement of the  (Suidas s. v. Xowvir&s).  Euetes, Euxenides, and
hour, and were not committed to writing (Bentley, Myllus were probably contemporaries of Chionides;
l. c. p. 250, &c.; Anonym. de Com. ap. Meineke, he was followed by Magnes and Ecphantides.
1. c. p. 540; Bode, 1. c.). The comedy of Susarion  Their compositions, however, seem  to have been
doubtless partook of that petulant, coarse, and  little but the reproduction of the old Megaric farce
unrestrained personality for which the Megarian  of Susarion, differing, no doubt, in form, by the
comedy was noted.  For entertainments of such a  introduction of an actor or actors, separate from
character the Athenians were not yet prepared. the chorus, in imitation of the improvements that
They required the freedom of a democracy.  Ac- had been made in tragedy. (Bode, I. c. p. 29-36.)
cordingly, comedy was discouraged, and for eighty  That branch of the Attic drama which was called
years after the time of Susarion we hear nothing  the old comedy, begins properly with Cratinus,
of it in Attica.                                  who was to comedy very much what Aeschylus
It xias, however, in Sicily, that comedy was  was to tragedy.  Under the vigorous and liberal
earliest brought to something like perfection. The  administration  of Pericles  comedy found free
Creeks in Sicily always exhibited a lively tempera-  scope, and rapidly reached its perfection. Cratinus
ment, and the gift of working up any occurrence  is said to have been the first who introduced three
into a spirited, fluent dialogue. (Cic. Vern. iv. 43, actors in a comedy. (Anonym. de Cons. ap.  MeiDivisn. in Caecil. 9, Orat. ii. 54; Quintil. vi. 3. neke, p. 540.)  But Crates is spoken of as the first
~ 41.)  This faculty finding its stimulus in the  who began ica0OXov rrotesi  X6yovrs ) uv5Oovs (Arist.
excitement produced by the political contests, which  Poet. 5), i. e. raised comedy from  being a mere
were so frequent in the different cities, and the  lampooning of individuals, and gave it a character
opportunity for its exercise in the numerous agra- of universality, in which subjects drawn  from
rian festivals connected with the worship of Demeter reality, or stories of his own invention received
and Bacchus, it was natural that comedy should  a free, poetic treatment, the characters introuuced
early take its rise among them. Yet before the time  being rather generalisations than particular indiof the Persian wars, we only hear of iambic com- viduals. (See Aristotle's distinction between  h&
positions, and of a single poet, Aristoxenus.  The  icaO' heKao-ro  and rh Kca0oAov, Poet. 9.)  In what
performers were called avTorcda8aXot, i. e. impro-  is known of his pieces no traces appear of anything
visatores (Athen. xiv. p. 622.; Etym. Magn. s.v. of a personal or political kind.   He was the first
aroica~68.; Eustath. ad II. xi. p. 884. 45; Hesych.  who introduced into his pieces the character of a
s. V.; Aristot. R/het. iii. 7. ~ 1; Bode, 1. c. p. 8, &c.), drunken man. (Anonym. de Cons. ap. Meineke,
and, subsequently,'ia/Aot.  Their entertainments  p. 536.)  Though Crates was a younger contem.
being of a choral character were, doubtless, ac- porary of Cratinus, and at first an actor in his
companied by music and dancing.   Athenaeus  pieces, yet, except perhaps his earlier plays, the
(xiv. p. 629) mentions a dance called the ialtGLc1K, comedies of Cratinus were an improvement upon
which he ranks with the Kclf8aa  and   iKl'tYis. those of Crates, as they united with the universality
Afterwards, the comic element was developed  of the latter the pungent personal satire and earnest
partly into travesties of religious legends, partly  political purpose which characterised the old comedy
into delineations of character and manners; the  (Bernhardy, I.c. pp. 942, 946.)  Crates and his
former in the comedy of Epicharmus, Phormis, and  imitator Pherecrates seem in the character of their
Deinolochus; the Litter in the mimes of Sophron  pieces to have had more affinity with the middle
z 4




344              COMOEDIA.                                          COMOEDIA.
than with the old comedy.  The latter has been  them  amounted altogether to 365.  (Anon. de
described as the comedy of caricature, and such  Cont. ap. Meineke, p. 535; Bode, 1. c. p. 108.) An
indeed it was, but it was also a great deal more. excellent and oompendious account of these poets
As it appeared in the hands of its great masters  is given by Bernhardy.  (Grundriss der Griecl.
Cratinus, Hermippus, Eupolis, and especially Aris-  Lit. vol. ii. p. 945-954.) A more extended account
tophanes, its main characteristic was that it was  will be found in Meineke (Hist. CGit. C(omic. Grace.
throughout political.  Everything that bore upon  forming vol. L of his ctragns. Com. Graec.), and in
the political or social interests of the Athenians   3ode (Gesch. desr Helles. Dicltk. vol. iii. pt. ii. p.
furnished materials for it.  It assailed everything  108, &c. &c.).  The reader is also referred to the
that threatened liberty, religion, and the old esta-  articles Crates, Cratinus, Pherecrates, Hermippus,
blished principles of social morality and taste, and  Eupolis and Aristophanes in the Dictionary of
tended to detract from  the true nobleness of the  Greekand Roman Biograplayand llytholoy/y. (Comp.
Greek character.  It performed the functions of Ri/tscher, Aristophanes u7nd sein Zeitalter; and
a public censorship.  (I-Ior. Serna. i. 4. 1, &c.; Schlegel's Lectureson Dratmatic Ait and Literactssre.)
Isocrat. de Pace, p. 161; Dion Chrysost. vol.ii.  The later pieces of Aristophanes belong to the
p. 4, ed. Rsk.; Cic. de Rep. iv. 10.)  Though  Middle rather than to the Old Comedy.  The old
merely personal satire, having no higher object  Megaric comedy, which was improved by Maeson,
than the sport of the moment, was by no means  by the introduction of standing characters (Athen.
excluded, yet commonly it is on political or general xiv. p. 659, a.) continued for some time to subsist
grounds that individuals are brought forward and  by the side of the more artistically developed Attic
satirised.  A groundwork of reality usually lay at comedy, as did the ancient Iambistic entertainthe basis of the most imaginative forms which its  messts both in Syracuse and in the Dorian states
wild licence adopted.  All kinds of phantastic  of Greece.  (Arist. Poet. 4; Bode, 1. c. p. 28.)
impersonations and mnythological beings were mixed    It was not usual for comic poets to bring forward
isp with those of real life.  With such unbounded  more than one or two comedies at a time; and
stores of materials for the subject and form  of there was a regulation according to which a poet
comedies, complicated plots were of course un. could not bring forward comedies before he was of
necessary, and were not adopted.  Though the  a certain age, which is variously stated at thirty or
old comedy could only subsist under a democracy, forty years.  (Aristoph. iNub. 530, with the schoit deserves to be remarked that its poets were  liast.)  To decide on the merits of the comedies
usually opposed to that democracy and its leaders. exhibited, five judges were appointed, which was
Some of the bitterest assailants even of Pericles  half the number of those who adjudged the prize
were to be found among the comic poets.            for tragedy.  (Schol, ad Arist. Av. 445; HIesych.
In the year B. c. 440, a law was passed -os g'0I s.V. n ure'rE KpITat.)
Kslx3 eLi'7 (Schol. Arist. AchAarn. 67), which re-    The chorus in a comedy consisted of twentymained. in force for three years, when it was re- four.  [CHORUS.]
pealed.  Some   (e.g. Clinton, F. I. s. a.) under-    The dance of the chorus was the Kdop3a, the
stand the law to have been a prohibition of comedy  movements of which were capricious and licentious,
altogether, others (Meineke, 1. c. p. 40; Bernhardy, consisting partly in a reeling to and fro, in mitation
p. 943) a prohibition against bringing forward in-  of a drunken man, and in various unseemly and
dividualds in their proper historical personality and  immodest gestures.  For a citizen to  dance the
under their own name, in order to ridicule them  Kc'pba  sober and without a mask, was looked
(,eu-  KwtBeT3e?,   vodaervTL).  To the same period  upon astheheight of shamelessness.  (Theophrast.
probably belongs the law that no Areopagite should  Charct. 6.)  The choreutae were attired in the
write comedies.  (Plut. de Glor. Ath. p. 348, c.)  most indecent manner.  (Schol. ad Arist. Nutb.
About B. c. 415, apparently at the instigation of 537.)  Aristophanes, however, and probably other
Alcibiades, the law of 440, or at all events a law  comic poets also, frequently dispensed  with the
sLia KYcc ev 5oiVoyaoTC'i, was again passed on the  cKo'pbaa. (Arist. Nub. 537, &c. 553, &c.; Schneider,
motion of one Syracosius (Schol. Arist. Aves, 1297). dlas Atuische 7heatesrwesen, p. 2229, &c.)  Comedies
But the law only remained in force for a short have choric songs, but no rdsa-'la, or songs ltetween
time (Meineke, p. 41).  The nature of the political acts.  The most important of the choral parts was
events in the ensuing period would of itself act the Parabasis, when the actors having left the stage,
as a check upon the licence of the comic poets.  A   the chorus, which was ordinarily divided into ftur
man named Antimachus got a law like that of rows, containing six each (Pollux, iv. 108; Schol.
Syracosius passed, but the date of it is not known, ad Arist. Pac. 733), and was turned towards the
(Schol. Arist. Acharn. 1149.)  VWith the over-  stage, turned round, and advancing towards the
throw of the democracy in 411, comedy would of spectators delivered an address to them  in the
course be silenced, but on the restoration of the  name of the poet, either on public topics of general
democracy, comedy again revived.  It was doubt-  interest, or on matters which concerned the poet
less again restrained by the thirty tyrants.  During  personally, criticising his rivals and calling attention
the latter part of the Peloponnesiain war also it to his merits; the address having nothing whatbecame a matter of difficulty to get choregi; and  ever to do with the action of the play.  (Schol. ad
hindrances were sometimes thrown in the way of Arist. Nub. 518, Pac. 733, Equit. 505.)  The
the comic poets by those who had been attacked by  grammarians speak of it as being divided into the
them. (Schol. Arist. Ran. 153.) Agyrrhius, though  following portions: -  1. A short introduction (the
when is not known, got the pay of the poets iKo/jucrdzov); 2. The 7rapdaaats in the narrower
lessened.  (Schol. Arist. Eccl. 102.)   The old  sense of the word, or a&vYcratoros, which was the
Attic comedy lasted from O1. 80 to 01. 94 (B. c. principal part; and usually consisted of a system
458-404).  From Cratinus to Theopompus there  of anapaescic or trochaic tetrameters, in which case
were forty-one poets, fourteen, of whom  preceded  it was the practice for it to close with what was
Aristophanes.  The number of pieces attributed to  called the  safcpdv' or orvYeos, a number of s!hort




COMOEDIA.                                        COMOEDIA.                  345
verses, which the speaker had to utter in a breath, 1 were Antiphanes and Alexis.  (Bode, 1. c. p. 393,
and by which he was to appear to be choked; 3. &c.; Bernhardy, p. 1000, &c.)
Tile er'pofpri; 4. The erfppr!ilae; 5. The a'cr-    The new comedy was a further development of
Or'poepi, answering to the o'rpocp4; 6. The a'r- the last mentioned kind.  It answered as nearly
er1ppi1/ea, answering to the Esr'tswpla. The strophe  as may be to the modern comedy of manners or
and antistrophe were sung by half choruses, and  character.  Dropping for the most part personal
were probably accompanied by dancing, being the  allusions, caricature, ridicule, and parody, which,
only parts of the parabasis that were so accom- in a more general form than in the old comedy,
panlied. (Bode I. c. 273.) The rhema and epir- had maintained their ground in the middle comedy,
rhema were uttered by single choreutae.  The para- the poets of the new comedy made it their business
basis, however, did not always contain all these  to reproduce in a generalized form a picture of the
parts complete.  The origin of the parabasis is not every-day life of those by whom they were surquite clear.  Possibly in the earlier stages of rounded.  Hence the grammarian Aristophanes
comedy, the poet went with the comus procession, asked: X Me'a6pe  Ka1 $31e, 7r4'-epos 6p' Uiot
and in the course of its performance addressed a  7rr-TEpov  &mrest/uawero (Meineke, praief: Men. p.
speech in his own person to the spectators.  (Etym. 33).  The new comedy might be described in the
MIagn. p. 528; Pollux, iv. 111; Schol. ad Arist. words of Cicero (dee Re,. iv. 11), as " imitationenl
Naub. 518, 1113, Pac. 733; Hypothes. ad Arist. vitae, specuTum consuetudinis, imaginem veritatis."
Nub.; Hermann, Elens. Doct. elitet. iii. 21, p. 720, The frequent introduction of sententious maxims
&c.; Kanngiesser, Alte Komn. Biine, p. 356, &c.; was a point of resemblance with the later tragic
Kolster, de Pearabasi.)  The parabasis was not poets.  There were various standing characters
iiiversally introduced: three plays of Aristophanes, which found a place in most plays, such as we
the Ecclesiazusdie, Lysistrata, and Plutus have find in the plays of Plautus and Terence, the leao
none.                                            perjurus, aseator feIvidus, seirwlus callidus, amnica
As the old Attic comedy was the offspring of the  illudens, sodclis opitulator, niles paoeliator, plarapolitical and social vigour and freedom of the age  situs edao, puareeles tenaces, 7meretrices procaces.
during which it flourished, it naturally declined  (Appul. /lor. 16; Ovid, Amuor. i. 15, 17.) In the
and ceased with the decline and overthrow of the  new comedy there was no chorus, and the dramas
fieedom  and vigour which were necessary for its  were commonly introduced by prologues, spokeli
development.  It was replaced by a comedy of by allegorical personages, such as'ENsyXos, 4,dbos,
a somewhat different style, which was known as'AMp.  The new  comedy flourished from  about
the Middle comedy, the age of which lasted  B. c. 340 to B. c. 260. The poets of the new comedy
from  the end of the Peloponnesian war to the  amounted to 64 in number. The most distinguished
overthrow of liberty by Philip of Macedon. (01. 94  was Mlenander.  Next to him in merit came Phile-110.)  During this period, the Athenian state  mon, Diphilus, Philippides, Posidippus, and Apolhad the form, but none of the spirit of its earlier lodorus of Carystus.  (Bernhardy, p. 1008, &c.;
democratical constitution, and the energy and pub- Meineke, i. c. p. 435, &c.)
lie spirit of earlier years had departed.  The    Respecting the masks used in comedy the reader
comedy of this period accordingly found its mate- is referred to the article PERSONA. The ordinary
rials in satirizing classes of people instead of indi- costume was the  o/&utsIS, which for old men was
viiduals, in criticising the systems and merits of unfulled.  Peasants carried a knapsack, a cudgel,
philosophers and literary men, and in parodies of and a skin of some kind (if(pOepa).  Young nen
the compositions of living and earlier poets, and  had a purple tunic; parasites a black or grey one,
travesties of mythological subjects.  It formed a  with a comb and a box of ointment.  Courtezans
transition from the old to the new comedy, and  had a coloured tunic, and a variegated cloak over
approximated to the latter in the greater attention  it, with a wand in their hand.  Slaves wore a
to the construction of plots which seem frequently  small variegated cloak over their tunic; cooks an
to have been founded on amorous intrigues (Bode, unfulled double mantle; old women a yellow or
p. 396), and in the absence of that wild grotesque- blue dress; priestesses and maidens a white one;
hess which marked the old comedy.  As regards  heiresses a white dress with a fringe; bawds and
its external form, the plays of the middle comedy, the mothers of hetaerac had a purple band round
generally speaking, had neitherparabasis nor chorus. the head; panderers a dyed tunic, with a varie(Platonius, de Differ. Coun. ap. Meineke, p. 532.) gated cloak and a straight staff, called apeoricos.
The absence of the chorus was occasioned, partly  (Pollux, iv. 118, &c., vii. 47; Etymnol. Magn. p.
by the change in the spirit of comedy itself, partly  349. 43; A. Gell. vii. 12.)   The authorities,
by the increasing difficulty of finding persons capable  however, on these points are not very full, and not
of undertaking the duties of choregus.  As the  quite accordant.
change in comedy itself was gradual, so it is most    2. ROMnAN. -- The accounts of the early stages
likely that the alterations in formc  were brought of comic poetry among the Romanls are scanty, and
about by degrees.  At first showing the want of leave many points unexplained, but they are proproper musical and orchestic training, the chorus  bably trustworthy as far as they go.  Little is
was at last dropped altogether.  Some of the frag- known on the subject but what Li'vy tells us (vii.
meaits of pieces of the middle comedy which have  4).  According to his account in the year B. c. 363,
reached us are of a lyrical kind, indicating the  on the occasion of a severe pestilence, among other
presence of a chorus.  The poets of this school of ceremonies for averting the anger of the deities
comedy seem to have been extraordinarily prolific. scenic entertainments were introduced from Etruria,
Athenneus (viii. p. 336, d.) says, that he had read  where it would seem they were a familiar amuseabove 800 dramas of the middle comedy.  Only a  ment. Tuscan players (ludio.zes), who were fetched
few fragments are now extant.  Meilneke (Hist. from Etruria, exhibited a sort of pantomimic dance
Crit. Coin. Gr. p. 303) gives a list of thirty-nine  to the music of a flute, without any song accompoets of the middle comsedy.  The most celebrated  paniying their dance, and without rcgttlar dramatic




346             COMOEDIA.                                         COMOEDIA.
gesticulation. The amusement became popular, and  ticulation, introduced between the acts, but the
was imitated by the young Romans, who (though  monodial parts of the plays themselves; though
how soon is not stated) improved upon the original (as is clear from Plautus, Pseud. i. 5. 160) there
entertainment by uniting with it extemporaneous  were cases in which the flute-player filled up the
mutual raillery, composed in a rude irregular mea- intervals between acts with music, as in the  eiaisure, a species of diversion which had been long  ALov in the Greek theatre.  But there is nothing
known among the Romans at their agrarian fes- to show that such musical interludes were acconltivals enuder the name of Fescenninsa [FESCEN- panied with gesticulation by any actor; and it is
NINA].  They regulated their dances so as to ex- not merely without but against all authority to call
press the sense of the words.  Those who had an  such interludes cantica.  Hermann has also shown
aptitude for this sort of representation set them- that it is quite a mistake to suppose that the leadselves to improve its form, supplanting the old  ing actors only gesticulated in the cantica, and
Fescennine cverses by more regular compositions, took Ino part in the ordinary dialogue.  The canwhich however had not as yet any thing like  tica were only monodies put into the mouth of one
dramatic unity or a regular plot, but from the mis- or other of the dramatis personae.  There is a use
cellaneous nature of the subjects introduced were  ful treatise on this subject by G. A. B. Wolff (de
called saturae [SATURA].  Those who took part Canticis in Romanozumn Fabulis scenicis), in which
in these exhibitions were called distriones, histe  the author has endeavoured to point out which are
being the Etruscan word which answered to the  the cantica in the remailsing plays of Plautus and
Latin ludio [HI-ISTRIO].  It was 123 years after Terence.
the first introduction of these scenic performances    The first imitator of the dramatic works of Livins
before the improvement was introduced of having  Andronicus was Cn. Naevius, a native of Cama regular plot.  This advance was made by Livius pania.  He composed both tragedies and comedies.
Andronicus, a native of Magna Graecia, in B. c. which were either translations or imitations of
240.  His pieces, which were both tragedies and  those of Greek writers.  In comedy his models
comedies, were merely adaptations of Greek dramas. seem to have been the writers of the old comedy.
His popularity increasing, a building on the Aven- (Dict. of Gr. and Rom. Biog. and  Myth. art. Nee.tine hill was assigned to him for his use, which  viues.)  The most distinguished successors of Naeserved partly as a theatre, partly as a residence for vius were Plautus (Ibid. art. PLAUTUS), who chiefly
a troop of players, for whom  Livius wrote his  imitated Epicharmus, and Terence (Ibid. art. TEpieces.  The representation of regular plays of this  RENTIUS), whose materials were drawn chiefly
sort was now left to those who were histriones by  from Menander, Diphilus, Philemon, and Apolloprofession, and who were very commonly either dorus.  The comedy of the Romans was throughforeigners or slaves; the free-born youth of Rome  out but an imitation of that of the Greeks, and
confined their own scenic performances to the  chiefly of the new comedy.  Where the characters
older. irregular farces, which long maintained their were'Jstensibly Greek, and the scene laid in Athens
ground, and were subsequently called exodit, being, or some other Greek town, the comedies were
as Livy says, conserta fitbellis potissimum A tellanis. termed pallialee.  All the comedies of Terence and
[ExODIA; SATURA.]  Livius, as was common at Plautus belong to this class.  T5hen the story and
that time, was himself an actor in his own pieces. characters were Roman, the plays were called
His Latin adaptations of Greek plays, though they  togatne.  But the fabulae togatae were in fact little
had no chorus, were interspersed with monodies, else than Greek comedies clothed in a Latin dress.
which were more lyrical in their metrical form, (As Horace says: " dicitur Afrani toga convenisse
and more impassioned in their tone than the ordi- Menandro." LZpist. ii. 1.57.) They took their name
nary dialogue parts.  In the musical recitation of because the costume'was the toga.  The togatae
these Livius seems to have been very successful, were divided into two classes, the trabeatae and
and was frequently encored.  The exertion being  tabernariae, according as the subject was taken
too much for his voice, he introduced the practice  from high or from low life (Eucanthius, de Fcebtale).
in these monodies, or cantica, of placing a slave  In the comediae pahiatae, the costume of the
beside the flute player to recite or chaunt the words, ordinary actors was the Greek pallium.   The
while he himself went through the appropriate  plays which bore the name of praeterttae, were
gesticulation. This became the usual practice from  not so much tragedies as historical plays.  It is a
that time, so that in the cantica the histriones did  mistake to represent them  as comedies.  There
nothing but gesticulate, the only parts where they  was a species of tragi-comedy, named from  the
used their voice being the dialogues (diverbia). poet who introduced that style R/hinthonica.  A
Livy's account has been absurdly misunderstood  tragedy the argument of which was Greek was
as implying that the introduction of this slave to  termed  crepidata.   The mimes are sometimes
chaunt the cantica led to the use of dialogue in the  classed with the Latin comedies. (Hermann, de
Roman dramas, as though there had been no dia- Fabulcl  togaate.  Opusc. vol. v. p. 254, &c.)  Relogue before; in which case, as there was certainly  specting them, the reader is referred to the article
no chorus, Livius must have adapted Greek dramas  MImIUS. The mimes differed from the comedies in
so as to admit of being represented in a series of little more than the predominance of the mimic
monologues, a supposition which is confuted by its  representation over the dialogue, which was only
own absurdity.  It is perfectly clear that the plays  interspersed -in various parts of the representation.
of Livius were an improvement on the old scenic    Latin comedies had no chorus, any more than
saturae, which consisted of dialogue, and that the  the dramas of the new comedy, of which they
improvement was simply that of adapting the dia- were for the most part imitations.  Like them,
logue to a regular plot.  Hermann (Dissert. de  too, they were introduced by a prologue, which
Cant. in Feb. sccenic. Opusc. vol. i. p. 290, &c.) has answered some of the purposes of the parabasis of
sufficiently shown that the cantica were not mere  the old comedy, so far as bespeaking the good will
musical interludes accompanied by dancing or ges- of the spectators, and defending the poet against




COMOEDIA.                                         COMPITALIA.                  34 7
his rivals and enemies.  It also communicated so  The Oscan dialect was preserved, even when they
much information as was necessary to understand  were introduced at Rome. (Strabo, v. p. 356, a.)
the story of the play.  The prologue was com-  Though at first improvisatory, after the regular
monly spoken by one of the players, or, perhaps,  drama  acquired a more artistic character, the
by the manager of the troop.  Occasionally the  Atellanae came to be written.  Lucius Pomponius
speaker of it assumed a separate mask and costume, of Bononia and Q. Novius are mentioned as writers
for the occasion (Plaut. Poen. prol. 126; Terent.  of them.  Regular histriones were not allowed to
Prol. ii. 1).  Sometimes the prologue is spoken  perform  in them.  They were acted by free-born
by one of the dramatis personae (Plaut. Amippl;.;  Romans, who were not subjected to any civil deNlil. Glor.; Jlerc.), or by some supernatural or gradation for appearing in them.  In later times,
personified being, as the Lar familiaris in the Au-  they degenerated, and became more like the mimes,
cduaria of Plautus, Arcturus in the Rudens, Auxi-  and were acted by histriones; but by that time
lium in the Cistellaria, Luxusria and Inopia in the  they had fallen into considerable neglect.  (C. E.
Trinusnmus. (Baden, von dens Prologe im  Rum.  Schober, iber die Atellanen, Lips. 1825; W'eyer,
Lustsp. in Jahn's Arc/div. i. 3. p. 441, &c.; Bekker, iiber d. Atell. Mannheim  1826; Neukirch, de Fade cocr. Roman. Fablidis, p. 89, &c.; Wolff, de Pro-  bzla togata, pp. 20, 51, &c.; Bibhr, Gesch. cle Rbne.
logis Plautinis.)  The rest of the piece consisted  Litteratur.)                       [C. P. M.]
(as Diomedes says, iii. p. 489) of diverbium and    COMPENSA'TIO is defined by Modestimnus to
canticumz.  This division, however, must not be  be debiti et crediti inter se contribuctio.  Compentaken too stringently, as it was not every mono-  satio, as the etymology of the word shows (pend-o),
logue which was a canticumz.  The composition of is the act of making things equivalent.  A person
the music, which is spoken of in the didascaliae,  who was sued, might answer his creditor's demand,
appears to have had reference to these cantica. who was also his debtor, by an offer of compen-.
Respecting the use of masks, see the article PER-  satio (si paratus est compensare); which in effect
SONA.  When they were first introduced, is a  was an offer to pay the difference, if anly, which
disputed point (Wolff. de Ca~nticis, p. 22, &c.; should appear on taking the account.  The object
Iilscher, de Personaru1n UsiZ in Ludis seen. ap. of the compensatio was to prevent unnecessary
Rom.; Stieve, de Rei scenicae ap. Roem. Origine.)  suits and payments, by ascertaining to which party
The characters introduced were much the same  a balance was due.  Originally compensatio only
as in the new comedy, and their costume was not took place in bonae fidei judiciis, and ex eadens
very different.  Donatus gives the following ac- causa; but by a rescript of M. Aurelius there could
count of it: c" comicis senibus candidus vestis in-  be compensatio in stricti juris judiciis, and ex disducitur, quod is antiquissimus fuisse memoratur, pari causa.  When a person made a demand in
adolescentibus discolor attribuitur.  Servi comici right of another, as a tutor in right of his pupillus,
amictu exiguo conteguntur paupertatis antiquae  the debtor could not have compensatio in respect
gratia, vel quo expeditiores agant.  Parasiti cum  of a debt due to him from the tutor on his own
intortis palliis veniunt.  Laeto vestitus candidus. account.  A  fidejussor (surety) who was called
aerumnoso  obsoletus, purpureus  diviti, pauperi  upon to pay his principal's debt, might have comphoeniceus datur.  Militi chlamys purpurea, puel-  pensatio, either in respect of a debt clue by the
lae habitus peregrinus inducitur, leno pallio varii claimant to himself or to his principal.  It was a
coloris utitur, meretrici ob avaritiam luteum datur."  rule of Roman law that there could be no compenA  word remains to be said on the Atelczaae  satio where the demand could be answered by an
falulae.  These were not of Roman, but of Italian  exceptio peremptoria; for the compensatio admitted
origin, and were not introduced among the Romans  the demand, subject to the proper deduction,
till the latter came into contact with the Cam-  whereas the object of the exceptio was to state
panians.  These pieces took their name from the  something in bar of the demand.  Set-off in Engtown of Atella in Campania.  From being always  lish law, and compensation in Scotch law, correcomposed in the Oscan dialect, they were also  spond to compensatio.  (Dig. 16. tit. 2; Thibaut,
called ludi Osci, or ludicrumz OscZmnc.  At first, and  System, &c. ~ 606, 9th ed. contains the chief
amongst the Oscans, they appear to have been  rules as to compensatio.)                   [G. L.]
rude, improvisatory farces, without dramatic con-    COMPERENDINA'TIO.  [JuDnx.]
nection, but full of raillery and satire.  So far    COMPETI'TOR.  [AnllTvUS.]
they resembled the earlier scenic entertainments    CO'MPITA.  [CoMsPITa LIA.]
of the Itomans.  But the Oscan farces had not    COMPITA'LIA, also called LUDI COMPIthe dancing or gesticulation which formed a chief TALI'CII, a festival celebrated once a year in
part of tlih  latter, and those who took part in  honour of the lares compitales, to whom sacrifices
them  personated characters representing various  were offered at the places where two or more ways
classes of the country people, like the Maschere of met (cocmpila, Varro, De Ling. Lat. vi. 25, ed.
the modern Italians.  These had regular names; Miiller; Festus, s. v.).  This festival is said by
there was Maccus, a sort of clown or fool; Buic- some writers to have been instituted by Tarquinitus
cones, i. e. babblers; Pappus; Siczces or Sinzius, Priscus in consequence of the miracle attending the
the baboon.  The Greek origin of some of these  birth of Servius Tullius, who was supposed to be
names would seem  to indicate that the Greek  the son of a lar familiaris.  (Plin. If. N. xxxvi.
settlers in Italy had some influence in the deve-  70.)   Dionysius (iv. 14) ascribes its origin to
lopment of this species of amusement.  The Atel-  Servius Tullius, and describes the festival as it was
lanae fabulae were distinguished from the mimes  celebrated in his time.  He relates that the sacriby the absence of low buffoonery.  They were  fices consisted of honey-cakes (e'xavo,), which
marked by a refined humour. (Cic. ad Faom. ix.  were presented by the inhabitants of each house,
16; Val. Max. ii.. 1.)   They were commonly  and that the persons, who assisted as ministering
divided into five acts. (Macrob. Saturnz. iii.)  Re-  servants at the festival, were not free-men, b,,t
specting the exodica, see the article ExsoDnus.  slaves, because the larles took pleasure in the ser.




348             CONCILItUM.                                           CONCIO.
vice of slaves: he further adds that the compitalia  assembly of a portion of the people (Gell. xv. 27),
were celebrated a few days after the Saturnalia  as distinct from the general assemblies or comitia.
with great splendour, and that the slaves on this oc-  (Fest. p. 50; Cic. De Leg. ii. 1, p. Red. in Sen. 5.)
casion had full liberty given them to do what they  Accordingly, as the comitia tributa embraced only
pleased. We further learn from Macrobins (Saturn.  a portion of the Roman people, viz. the plebeians,
i. 7) that the celebration of the compitalia was  these comitia are often designated by the term
restored by Tarquinius Superbus, who sacrificed  concilia plebis. (Liv. vii. 5, xxviii. 53, xxxix.
boys to Mania, the mother of the lares; but this  15.)  Upon the same principle, it might be suppractice was changed after the expulsion of the  posed that the comitia curiata might be called
Tarquins, and garlic and poppies offered in their  concilia, and Niebuhr (Hist. of Rome, i. p. 425)
stead.                                             believes that the concilia populi which are menThe persons, who presided over the festival tioned now  and then, actually were the comitia
were the IIctgistri vici, who were on that occasion  curiata; but there is no evidence of those patrician
allowed to wear the praetexta (Ascon. ad Cic. in  assemblies, which  ill the early times certainly
Pis. p. 7, ed. Orelli).  Public games were added  never looked upon themselves as a mere part off
at some time during the republican Feriod to this  the nation, having ever been called by that name.
festival, but they were suppressed by command of, In fact, all the passages in which concilia populi
the senate ill B. C. 68; and it was one of the  occur, clearly show that none other but the comitia
charges brought forward by Cicero against L. Piso  tributa are meant. (Liv. i. 36, ii. 7, 60, iii. 13, 16,
that he allowed them  to be celebrated in his con. 64, 71, xxx. 24, xxxviii. 53, xxxix. 15, xliii. 16,
sulship, B. c. 58 (Cic. in Pis. 4; Ascon. 1. c.) But  Cic. in Vat. 7.)  As concilium, however, has the
that the festival itself still continued to be observed, meaning of an assembly in general, we cannot
though the games were abolished, is evident from   wonder that sometimes it is used in a loose way to
Cicero (ad Alt. iii. 3).  During the civil wars the  designate the comitia of the centuries (Liv. ii. 28)
festival fell into disuse, and was accordingly re- or any concio. (Livi. ii. 7, 28, v. 43; Gell. xviii. 7;
stored by the emperor Augustus. (Suet. Any. 31; comp. Becker, elandb. de*r Rom. A4tertl. vol. ii.
comp. Or. Fast. v. 128-148.)  As Augustus was part i. p. 359, note 693.)
now the pater patriae, the worship of the old lares    We must here notice a peculiar sense in which
was discontinued, and the lares of the emperor  conciliunm is used by Latin writers to denote the
consequently becamie the lares of the state. Hence, assemblies or meetings of confederate towns or
the Scholiast on I-orace (ad Sat. ii. 3. 281), tells  nations, at which either their deputies alone or
us that Augustus set up lares or penates at places any of the citizens met who had time and inwhere two or more ways met, and instituted for  clination, and thus formed a representative asthe purpose of attending to their worship an order  sembly. (Liv. i. 50.)  Such an assembly or diet
of priests, who hwere taken from the Libertini, and  is commonly designated as commune conciliaum or
were called A zg2Gstales.  These Augustales are en-  Tb iCOLwvp, e. g. A4claeorum, Aetolornsn, Boeoto/rum,
tirely different from  the Augustales, who were  3caeedoniae, and the like.   (Liv. xxxvi. 31,
appointed to attend to the worship of Augustus after xxxviii. 34, xlii. 43, xlv. 18; Gel]. ii. 6.)  Of the
his decease, as has been well shown by A. WV. same kind were the diets of the Latins in the
Zumpt in his essay on the subject.  (De Augus- grove of Ferentina (Liv. i. 51, vi. 33, vii. 25,
Itlibuss, &c., BeroI. 1846.)  [AUGUSTALES.]        viii. 3), the meetings of the Etruscans near the
The compitalia belonged to the.friace  concep- temple of Voltumna (Liv. iv. 23, 25, 61, v. 17,
tirae, that is, festivals which were celebrated on  vi. 2), of the Hernicans in the circus of Anagnia
days appointed annually by the magistrates or  (ix. 42), of the Aequians and Samnites (iii. 2, iv.
priests.  The exact day on which this festival was  25, x. 12).                            [L. S.]
celebrated, appears to have varied, though it was    CO'NCIO or CO'NTIO, a contraction for conalways in the winter.  Dionysius relates (iv. 14), ventio, that is, a meeting, or a conventus.  (Festus,
as we have already said, that it was celebrated a  p. 66, ed. MUller.)  In the technical sense, howfew days after the Saturnalia, and Cicero (in Pison. ever, a concio was an assembly of the people at
4) that it fell on the Kalends of January; but in  Rome convened by a magistrate for the purpose of
one of his letters to Atticus (vii. 7) he speaks of it making the people acquainted with measures which
as falling on the fourth before the ilones of January.  were to be brought before the next comitia, and of
The exact words, with which the festival was an- working upon them eith r to support or oppose the
nolnced, are preserved by Macrobius (Saturn. i. 4) measure.  But no question of any kind could be
and Aulus Gellius (x. 24).                         decided by a concio, and this constitutes the differCOMPLU'VIUM.  [Domus.]                          ence between conciones and comitia. (Gell. xiii.
COMPROMISSUM.   [JUDEX;  RECEPTA  14; Cic. p. Sext. 50, 53; Liv. xxxix. 15.)  Still
ACTIO.]                                            conciones were also convened for other purposes,
COMUS (Kcuose).  [CHORUS; COalOEDIA.]   e.g. of persuading the people to take part in a
CON CHA (icdyXi), a Greek  and Roman liquid  war (Dionys. vi. 28), or of bringing  complaints
measure,   of which there were two sizes.'The  sigainst a party in the republic. (Dionys. ix. 25;
snallhr was half the ctathlus (= —0412 of a pint Plut. C. Gracez. 3.) Meetings of this kind naturally
English); the larger, which was the same as the  were of very frequent occurrence at Rome.  The
oxybaplhu7n, was three times the former (=  1238  earliest that is mentioned, is one held immediately
of a pint).  (Hussey, pp. 207, 209; Wurm, p. after the death of Romulus by Julius Proculus in
129.)                                  [P. S.]   the Campus Martius (Liv. i. 16; Plut. Rom. 27) 
CONCILIAIBULUM. rCoLoNIA, p. 318,a.]  the first, after the expulsion of the kings, was held
CONCILIA'RII.  [AssEssoa.]                      byBrutus. (Liv. ii. 2; Dionys. v. 10, &c.) Ever:y
CONCI'LIUM  generally has the same meaning  magistrate had the right to convene conciones, but
as convrn2tZs or conventio, but the technical import it was most frequently exercised by the consuls
of coniciiium  in tile Roman constitution was an  and tribunes, and the latter more especially e;



CONCUBINA.                                       CONFAP-RREATIO.                349
ercised a Sreat influence over the people in and I not appear that the slave that was taken io her
through  these conciones.  A magistrate who was  master's bed acquired any political rights in conse-.
higher in rank than the one who had convened a  quence; the concubine mentioned by Antiphon is
concio, had the right to order the people to dis-  treated as a slave by her master, and after his
porse, if he disapproved of the object (avocare,  death undergoes a servile punishment (Id. p. 615).
Gell. xiii. 14); and such a command and the vehe-  [HETAIRA.]                           [J. S. M.]
mence of the haranguing tribunes rendered con-    2. ROMAN.  According to an old definition, an
ciones often very tumultuous and riotous, especially  unmarried woman who cohabited with a man was
during the latter period of the republic.   The  originally called pellex, but afterwards by the more
convening magistrate either addressed the people  decent appellation of concubina.  (Massurius, ap.
himself, or he introduced other persons to whom   Paul. Dig..50. tit. 16. s. 144.)  This remark has
he gave permission to speak, for no private person  apparently reference to the Lex Julia et Papia
was allowed to speak without this permission, and  Poppaea, by which the concubinatus received a
the people had nothing to do but to listen. (Dionys. legal character.  This legal concubinatus consisted
v. 11; Liv. iii. 71, xlii. 34; Cic. ad.Atl. iv. 2.)  in the permanent cohabitation of an unmarried man
The place where such meetings were held, does  with an unmarried woman.  It therefore differed
not seem  to have been fixed, for we find them in  from adulterium, stuprum, and incestus, which were
the forum, the Capitol, the Campus Martius, and  legal offences; and from contubernium, which was
the Circus Flamninius. (Cic. p. Sext. 14, ad Att. i. the cohabitation of a free man with a slave, or the
1.)  It should be remarked, that the term concio  cohabitation of a male and female slave, between
is also used to designate the speeches and harangues  whom there could be no Roman marriage.  Before
addressed to the people in an assembly (Liv. xxiv. the passing of the Lex. Jul. et P. P., the name of
22, xxvii. 13; Cic. in Vat. 1), and that in a loose  concubina would have applied to a woman who
mode of speaking, concio denotes any assembly  cohabited with a married man, who had not divorced
of the people.  (Cic. p. Flacc. 7; comp. the  his first wife (Cic. De Orat. i. 40); but this was
Lexica.)                               [L. S.]    not the state of legal concubinage which was afterCONCUBI'NA   (7ranXaKc, wraX2atcis).   1. wards established.  The offence of stuprum  was
G rnEIc.-The'ra.xaKir, or iraA2axcs, occupied at avoided in the case of the cohabitation of a free
Athens a kind of middle rank between the wife  man and an ingenua by this permissive concubinage;
and the harlot (E&rTapa).  The distinction between  but it would seem to be a necessary inference that
the  eraipa, 7raAXaKrcl, and legal wife, is accurately  there should be some formal declaration of the indescribed by Demosthenes (c. iVeaer. p. 1386), ras  tention of the parties, in order that there might be
av tp eiralaes a~ovis've5''o,aSev' X s Be 7rae-  no stuprum.  (Dig. 48. tit. 5. s. 34.)  Ileineccius;arcas, Tr7S KcaO' niEpyne  pa ins parr TaS on owLaTos:  (,Syntagq. A4p. lib. i. 39) denies that an ingenLa
-ras 8E yvvacas, roO 7ratio7rolecrOeat Lfolaows  teal could be a concubina, and asserts that those only
c~v Eov rpvAaica n 7rnrop &iXeLv.  Thus Antiphon  could be concubinae who could not be uxores; but
speaks of the eraAAaOX of Philoneos as following  this appears to be a mistake (Dig. 25. tit. 7. s. 3),
him to the sacrifice, and also waiting upon him and  or perhaps it may be said that there was a legal
his guest at table. (Antiph. Ace. de Venef. pp. 613, doubt on this subject (Id. s. 1); Aurelian prohibited;314; comp. Becker, Chnarikles, vol. ii. p. 438.)  If the talking of ingenuae as concubinae. (Vopiscus,
her person were violated by force, the same penalty  Aurelian. 49.)   A  constitution of Constantine
was exigible from the ravisher as if the offence had  (Cod. v. tit. 27. s. 5) treats of ingenuae concubinae.
been committed upon an Attic matron; and a man    This concubinage was not a marriage, nor were
surprised by the quasi-husband in the act of crimi-  the children of such marriage, who were sometimes
nal intercourse with his raXXaici, might be slain  called liberi naturales, in the power of their father,
by him on the spot, as in the parallel case (Lys. and consequently they followed the condition of
De Caede Esratostk. p. 95).  [AnvLTEIUMn.]  It  the mother.  There is an inscription in Fabretti
does not, however, appear very clearly from what  (p. 337) to the memory of  aullianus by Aemilia
political classes concubines were chiefly selected,  Prima " concubina ejus et heres," which seems to
as cohabitation with a foreign (o'svn) woman was  show that the term concubina was not a name that
strictly forbidden by law  (Demosth. c. Neaer. p. a woman was ashamed of.  Under the Christian
1350), and the provisions made by the state for emperors concubinage was not favoured, but it
virgins of Attic,amilies must in most cases have  still existed, as we see from the legislation of Jusprevented their sinking to this condition.  Some-  tinian.
times certainly, where there were several destitute    This legal concubinage resembled the morganatic
female orphans, this might take place, as the next marriage (ad  1oryansatinclnm), in which neitler the
of kin was not obliged to provide for more than  wife enjoys the rank of the husband, nor the
one; and we may also conceive tile sanse to have  children the rights of children by a legal marriage.
taken place with respect to the daughters of fami-  (Lib. Feud. ii. 29.) Among the Romans, widowers
lies so poor as to be unable to- supply a dowry. who had already children, arid did not wish to
(Demosth. c. Noeaer. p. 1384; Planut. Trinnmmuns, iii. contract another legal marriage, took a concubina,
2. 63.)  The dowry, in fact, seems to have been a  as we see in the case of Vespasian (Suet. Vesp. 3),
decisive criterion as to whether the connection be-  Antoninus Pins, and M. Aurelius (Jul. Cap. 1Fit.
tween a male and female Athenian, in a state of Ant. c. 8; Aurel. c. 29; Dig. 25. tit. 7; Cod. v.
cohabitation, amounted to a marriage: if no dowry  tit. 26; Paulus, Recept. Sentent. ii. tit. 19, 20
had been given, the child of such union would be  Nov. 1 8, c. 5; 89. c. 12.)            [G. L.]
illegitimate; if, on the contrary, a dowry had       CONDEMNA/TIO.  rAcTlo; JUDEX.]
been given, or a proper instrument executed in    CONDI'CTIO.  [AcTIo.]
acknowledgment of its receipt, the female was    CONDITO'RIUM.  [Funrus.]
fully entitled to all conjugal rights.  (Petit. Leg.    CONDU'CTIO.  [LocATIO.]
Al. p. 548, and authors there quoted.)  It does    CONFARREA'TIO.- [MIATraIONu1o s.]




350              CONFUSIO.                                         CONGIARIUMT.
CONFESSOIRIA  ACTIO.  If a mall has a  if he had acted bona fide.  If the new species
servitus [SEavlTus], and the exercise of his right could not be brought back to its original form, the
is impeded by any person, he can maintain it by  specificator in all cases became the owner, if he
an actio in rem, which is a servitutis vindicatio.  designed to make the new thing for himself; if he
Accordingly, when a man claims a jus utendi, had acted bona fide he was liable to the owner of
fruendi, eundi, agendi, &c., the actio is called con-  the stuff for its value only; if mala fide, he was
fessoria de usufructu, &c.  If the owner of a thing  liable as a thief. The cases put by Gains (ii. 29)
was interrupted in his exclusive enjoyment of it by  are those of a man making wine of another man's
a person claiming or attempting to exercise a servitus  grapes, oil of his olives, a ship or bench of his
in it, his claim or ground of action weas negative, timber, and so on.  Some jurists (Sabinus and
"jus illi non esse ire, agere," &c., whence the action  Cassius) were of opinion that the ownership of
was called negative or negatoria in rein actio.    the thing was not changed by such labour being
The confessoria actio and the negativa, which  bestowed on it; the opposite school were of opiwas founded on a negative servitus, are discussed  nion that the new thing belonged to him who had
under SERVITUS.                                    bestowed his labour on it, but they admitted that
In the negatoria in rein, which must be dis- the original owner had a legal remedy for the
tinguished from  the negative actio founded on a  value of his property.
negative servitus, the plaintiff claimed restitution of    Two things, the property of two persons, might
the thing, as, for instance, when the defendant had  become so united as not to be separable without
usurped the usus fructus; or removal of the cause of injury to one or both; in this case the owner of
complaint; also damagesfor injury done, andsecurity  the principal thing became the owner of the acces(cautio) against future acts of the like kind. (Gaius,  sory.  Thus, in the case of a man building on ainiv. 3; Dig. 8. tit. 5; Brissonius, De Formulis;  other man's ground, the building belonged to the
Puchta, Cursus, &c. v-ol. ii. pp. 563, 771.) [G. L.]  owner of the ground (superficies solo cedit); or in
C'ONFU;SIO  properly signifies the mixing of the case of a tree planted, or seed sown on another
liquids, or the fusing of metals into one mass.  If man's ground, the rule was the same, when the
things of the same or of different kind were con- tree or seed had taken root.  If a mail wrote, even
fused, either by the consent of both owners or by  in letters of gold, on another man's parchment or
accident, the compound was the property of both. paper, the whole belonged to the owner of the
If the confusio was caused by one, without the  parchment or paper; in the case of a picture
consent of the other, the compound was only joint painted on another man's canvass, the canvass beproperty in case the things were of the same kind:  came the property of the owner of the picture.
but if the things were different, so that the com-  (Gaius, ii. 73, &c.)  If a piece of land was torn
pound was a new thing, this was a case of what, away by a stream (avulsio) from  one man's land
by modern writers, is called specification, which  and attached to another's land, it became the prothe Roman writers expressed by the term novamo perty of the latter when it was firmly attached to
speciem facere, as if a man made mulsum out of it.  This is a different case from that of ALLUVIO.
his own wine and his neighbour's honey.  In such  But in all these cases the losing party was entitled
a case the person who caused the confusio became  to compensation, with some exceptions as to cases
the owner of the compound, but he was bound to  of mala fides.
make good to the other the value of his property.    Confusio  occurs in the case of rights also.  If
Commixtio is used by modern writers to signify  the right and the duty of an obligatio  become
the mixture of solid things which belonged to dif- united in one person, there is a confusio by which
ferent owners; but Commixtio and Confusio are  the obligatio is extinguished (Dig. 46. tit. 3. s. 75).
used by the Roman writers to express the union  If he who has pledged a thing becomes the heres
of things either solid or fluid (Dig. 41. tit. 1. s. 7. of the pledgee, the rights and duties of two persons
~ 8; 6. tit. 1. s. 3. ~ 2. s. 5.).  Still, Commixtio is  are united (confunduntur) in one.  If a man who
most generally applied to mixture of solids.  If  has a praedial servitus in another man's land, bethe mixture takes place with mutual consent, the  comes the owner of the servient land, the servitus
compound is common property; if by chance, or ceases: servitutes praediorum  confunduntur, si
by the act of one, each retains his former property, idem  utriusque praedii dominus  esse coeperit.
and may separate it from the mass.  If separation I (Dig. 8. tit. 6. s. 1.)
is impossible, as if two heaps of corn are mixed,    The rules of Roman law on this subject are
each owner is entitled to a part, according to the  stated by Brinkman, Instit. Jo'. Roet. ~ 398, &c.;
proportion of his separate property to the whole  Mackeldey, Leh/lbuch, &c. ~~ 246, 251, &c. 12th
mass.  It is a case of commLxtio when a man's  ed.; Inst. 2. tit. 1; Gaius, ii. 70, Rosshirt, Gruzadmoney is paid, without his knowledge and consent, linien, &c. ~ 62.                       [G. L.]
and the money, when paid, is so mixed with other    CONGIA'RIUMI  (scil. eas, from  co7Zgius), a
money of the receiver that it cannot be recognised;  vessel containing a congius. [CONGIUS.]
otherwise, it remains the property of the person to    In the early times of the Roman republic, the
whoim it belonged.  (Dig. 46. tit. 3. s. 78.)      congius was the usual measure of oil or wine which
Specification (which is not a Roman word) took  was, on certain occasions, distributed among the
place when a mall made a new thing (nova species)  people (Liv. xxv. 2); and thus conigiariz7m, as
either out of his own and his neighbour's material,  Qlintilian (vi. 3. ~ 52) says, became a namne for
or out of his neighbour's only.  In the former case  liberal donations to the people, in general, whether
such man acquired the ownership of the thing. In  consisting of oil, wine, corn, or money, or other
the latter case, if the thing could be brought back  things (Plin. II. N. xiv. 14, 17, xxxi. 7, 41; Suet.
to the rough material (which is obviously possible  Aug. 41, Tib. 20, Net. 7; Plin. Paneg. 25; Tacit.
in very few cases), it still belonlged to the original  Ann. xii. 41, xiii. 31; Liv. xxxvii. 57), while
owner, but the specificator had a right to retain  donations made to the soldiers were called donative,
the thing till he was paid the value of his labotr,,  though they were sometimes also termed comgiarin,




CONSTITUTIONES.                                        CONSUALIA.                   351
(Cic. ad Att. xvi. 8; Curt. vi. 2).  Congciarisum  (4. tit. 2. s. 9. ~ 3) to signify an interlocutory of
was, moreover, occasionally used simply to desig.  the praetor.
nate a present or a pension given by a person of high    An imperial constitutio in its widest sense might
rank, or a prince, to his friends; and Fabius Maxi-  mean everything by which the head of the state
mus called the presents which Augustus made to  declared his pleasure, either in a matter of legis.
his friends, on account of their smallness, Alenzinaria, lation, administration, orjurisdiction. A decretum
instead of congicaiai, because henizincs was only the  was a judgment in a matter in dispute between
twelfth part of a congius.  (Quintil. 1. c.; compare  two parties which came before him, either in the
Cic. ad FPamz. viii..; Seneca, De Brevit. Vit., De  way of appeal or in the first instance.  Edicta, so
Ben. ii. 16; Suet. Yesp. 18, Caes. 27.)  [L. S.]    called from their analogy to the old edict (Gaius,
CO'NGIUS, a Roman liquid measure, which  i. 93), edictales leges, generales leges, leges percontained six sextarii (Rhem. Fann. v. 72), or the  petuae, &c. were laws binding on all the emperor's
eighth part of the amphora, that is, not quite six  subjects.  Under the general head of rescripta
pints.  It was equal to the larger chous of the  (Gaius, i. 72, 73, &c.) were contained epistolae,
Greeks.  [CHovs.]                                  subscriptiones, and annotationes (Gaius, i. 94, 96,
There is a congius in existence, called the con-  104), which were the answers of the emperor to
gius of Vespasian, or the Farnese congius, bearing  those who consulted him either as public ftlnctionan inscription, which states that it was made in  aries or individuals. (Plin. EPp. x. 2.)  The episthe year 75 A. D., according to the standard mea-  tola, as the name implies, was in the form of a
sure in the capitol, and  that it contained, by  letter: subscriptiones and annotationes were short
weight, ten pounds.  (Ilmp. Caes. vi. T. Cues. Aug. answers to questions propounded to the emperor,
F. iiii. Cos. Mlensurae exactae in Capitolio, P. x.; and written at the foot or margin of the paper
see also Festus, s. e. PublicaPondera.) This congius  which contained the questions.  In the time of
is one of the means by which the attempt has been  Tiberius, the word rescriptum had hardly obtained
made to fix the weight of the Roman pound. the legal signification of the time of Gaius. (Tacit.
[LIBRnA.]                                          Ann. vi. 9.)  It is evident that decreta and reCato tells us that he was wont to give each of scripta could not from their nature have the force
his slaves a conlgius of wine at the Saturnalia and  of leges generales, but inasmuch as these determiCompitalia. (De R. R. c. 57.) Pliny relates, among  nations in particular cases might be of general
other examples of hard drinking (HI. N. xiv. 22. application, they might gradually obtain the force
s. 28), that Novellius Torquatus Mediolanensis ob. of law.
tained a cognomen (tricogzyius, a nine-bottle-man)    Under the early emperors, at least in the time
by drinking three cosgjii of wvine at once.        of Augustus, many leges were enacted, and in his
A  congius is represented in Fabretti (Inscr-ipt.  time, and that of his successors, to about the time
p. 536).                                [P. S.]    of.Hadrian, we find mention of numerous senatusCONNU'BIUM.  [MATRIaIONIUs.]                    consulta.  In fact the emperor, in whom  the suCONOPE'UM   (KccOPCOEUV), a gnat or mans- preme power was vested from the time of Augustus,
quito-curtain, i. e. a covering made to be expanded  exercised his power through  the medium  of a
over beds and couches to keep away gnats and  senatus-consultum, which he introduced  by an
other flying insects, so called from KcvweCok, a gnat.  oratio or libellus, and the senatus-consultum  was
The gnat-curtains mentioned by Horace (Epod.  said to be made "imperatore auctore."  Probably,
ix. 16) were probably of linen, but of the texture  about the time of Hadrian, senatus-consulta became
of gauze.  The use of them  is still common in  less common, and finally imperial constitutiones
Italy, Greece, and other countries surrounding the  became the common form in which a law  was
Mediterranean.   Conopeezz is the origin of the  made.
English word canopy.  (See Judithz, x. 21, xiii. 9,    At a later period, in the Institutes, it is dexvi. 19; Juv.,i. 80; Varr. De Re Rust. ii. 10. dared that whatever the imperator determined
~ 8.)                                  [J. Y.]    (cosstitzit) by epistola, or decided judicially (cogCONQUISITO'RES, persons employed to go  noscenss decrevit), or declared by edict, was law;
about the country and impress soldiers, when there  with this limitation, that those constitutions were
was a difficulty in completing a levy.  (Liv. xxi. not laws which in their nature were limited to
11; Cic. pro 3lIll. 25; Hirt, B. Alex. 2.)  Some-  special cases.
times commissioners were appointed by a decree of    Under the general l!ead of constitutiones we
the senate for the purpose of making a conquisitio. also read of mandata, or instructions by the Caesar
(Liv. xxv. 5.)                        [R. IV.]    to his officers.
CONSANGUItNEI.  [COCTNATI.]                        MIany of these constitutions are preserved in
CONSCRIPTI.  [SEN.ATUS.]                        their original form in the extant codes.  [CODEX
CONSECRA'TIO.    [APOT.EOSISs;  INAU-  TIEOUOSIuANars, &C.]                             [G. L.]
GURATIO.]                                            CONSUA'LIA, a festival, with games, celeCONSENSUS.  [OBLIGnTIOmES.]                    brated by the Romans, according to Festus, Ovid
CONSILIA'RII.  [CONVENTUS.]                     (Fast. iii. 199), and others, in honour of Consus,
CONSI'IIUM.:   [CoNvENTUS.]                     the god of secret deliberations, or, according to Livy
CONSTITU'TA  PECU'NIA.  [PECUNIA.]  (i. 9), of Neptunus Equestris.  Plutarch (Quzaest.
CONSTITUTIO'NES.  " Constitutio princi-  Rom. 45), Dionysius of Halicarnassus (ii. 31),
pis," says Gaius (i. 5), " is that which the im-  and the Pseudo Asconius, however (ad Cic. in Ve-r.
perator has constituted by decretum, edictumn, or  p. 142. ed. Orelli), saythat Neptunus Equestris and
epistola; nor has it ever been doubted that such  Coensus were only different names for one and the
constitutio has the force of law, inasmuch as by  same deity.  It was solemnised every year in the
law the imperator receives the imperium." Hence  circus, by the symbolical ceremony of uncovering
such laws were often called principales constitu-  an altar dedicated to the god, which was buried in
tiones.  The word constitutio is used in the Digest the earth.  For Romulus, who was considered as




352                CONSUTL.                                           CONS UL.
the founder of the festival, was said to have dis-  Bell. Civ. ii. 23, 25.)  Nay, in those troubled
covered an altar in the earth on that spot.  (Com- times, it even came to pass that Cinna and Mariuls,
pare Niebuhr, Hist. Rons. vol. i. notes 629 and  without any election at all, usurped the power of
630.)  The solemnity took place on the 21st of the consulship.
August with horse and chariot races, and libations    In the earliest times, the title of the chief magiswere poured into the flames which consumed the  trates was not consoles but praetores; characterising
sacrifices.  During these festive games, horses and  them as the commanders of the armies of the remules were not allowed to do any work, and were  public, or as the officers who stand at the head of
adorned with garlands of flowers.  It was at their  the state.  Traces of this title occur in ancient
first celebration that, according to the ancient leg al and ecclesiastical documents (Liv. vii. 3;
legend, the Sabine  maidens were  carried off. Plin. H. N. viii. 3  Fest. p. 161), and also in the
(Varro, De Ling. Lat. vi. 20; Dionys. i. 2; Cic. names praetoriizem  (the consul's tent), and }Sorts
De Rep. ii. 7.) Virgil (Aen. viii. 636), in speaking  praetoria in the Roman camp. (Paul. Diac. p. 123;
of the rape of the Sabines, describes it as having  Pseudo-Ascon. ad Cic. in  Vert. i. 14.)  Someoccurred during the celebration of the Circensian  times also they are designated by the title j2dices,
qCames, which can only be accounted for by sup- though it perhaps never was their official title, but
posing that the great Circensian games, in subse- was given them only in their capacity of judges.
quent times, superseded the ancient Consualia; and  (Varro, De L. L. vi. 9; Liv. iii. 55.)  The name
that thus the poet substituted games of his own  consules was introduced for the highest magistrates
time for ancient ones -a favourite practice with  in B. C. 305 (Zonar. vii. 19), and henceforth reVirgil; or that he only meant to say the rape took  mained the established title until the final overplace at the well-known festival in the circus (the  throw of the Roman empire.  Upon the establishConsualia), without thinking of the ludi Circenses, ment of the republic, after the banishment of Tarproperly so called.                     [L. S.]    quin, all the powers which had belonged to the
CONSUL  (a7raros), the  highest republican* king, were transferred to the consuls, except that
magistrate at Rome.  The name is probably com-  which had constituted the king high priest of the
posed of con and stl which contains the same root state; for this was kept distinct and transferred to
as salio; so that consules are those who " go to- a priestly dignitary, called the se.r sacrorizumz, or rcex
gether," just as exul is " one who goes out," and  sacrificulus.
praesul, is " one who goes before."                   As regards the election of the consuls, it invaThere was a tradition that King Servius, after  riably took place in the comitia centuriata, under
regulating the constitution of the state, intended to  the presidency of a consul or a dictator; and in
abolish the kingly power, and substitute for it the  their absence, by an interrex.  The consuls thus
annual magistracy of the consulship; and what-  elected at the beginning of a year, were styled
ever we may think of the tradition, the person who  consoles ordinarii, to distinguish them  from  the
devised it must have had a deep insight into the  sufecti, or such as were elected in the place of
nature of the Roman state and its institutions; and  those who had died or abdicated, though the privithe fact that on the abolition of royalty, it was in- leges and powers of the latter were in no way instituted forthwith, seems, at any rate, to show that ferior to those of the former.  (Liv. xxiv. 7, &c.;
it had been thought of before.  Thus much is also  comp. xli. 18.)  At the time when the consulship
certain, that the consulship was not a Latin institu-  was superseded by the institution of the tribzni
tion, for in Latium the kingly power was succeeded  smilitates  consulari potestate, the latter, of course,
by the dictatorship, a magistracy invested with the  presided at elections, as the consuls did before and
same power as that of a king, except that it lasted  after, and must in general be regarded as the repreonly for a time.                                   sentatives of the consuls in every respect.  It was,
The consulship which was established as a re- however, a rule that the magistrate presiding at mll
publican magistracy at Rome immediately after  election should not be elected himself, though a
the abolition of royalty, showed its republican  few exceptions to this rule are recorded.  (Liv. iii.
character in the circumstance that its power was  35, vii. 24, xxiv. 9, xxvii. 6.)  The day of the
divided between two individuals (in1aeriuin dzuplex), election which was made known by an edict, three
and that it was only of oneyear's duration (annunmn). nundines beforehand (Liv. iii. 35, iv. 6, xlii. 21),
This principle was, on the whole, observed through- naturally depended upon the day on which the
out the republican period; and thile only exceptions  magistrates entered upon their office.  Tlhe latter,
are, that sometimes a dictator was appointed in- however, was not the same at all times, but was
stead of two consuls, and that, in a few instances, often changed.  In general it was observed as a
when one of the consuls had died, the ether re- rule, that the magistrates should enter upon their
inained in office alone, either because the remaining  office on the kalelndae or idus, unless particular
portton of the year was too short, or from religious  circumstances rendered  it impossible; but the
scruples (Dionys. v. 57; Dion Cass. xxxv. 4), for months themselves varied at different times, and
otherwise the rule was, that if either of the con- there are no less than eight or nine months in
msls died in the year of his office, or abdicated be-  which the consuls are known to have entered upon
fore its expiration, the other was obliged to con- their functions, and in many of these cases we
veIle the comitia for the purpose of electing a suc-  know the reasons for which the change was made.
cessor (subrogare or sfFicere collegans.)  It is only  Thie real cause appears to have been that the conduring the disturbances in the last century of the  suls, like other magistrates, were elected for a whole
republic, that a Cinna maintained himself as sole  year; and if before the close of that year the magisconsul for nearly a whole year (Appian, De Bell.  tracy became vacant either by death or abdication,
Civ. i. 78; Vell. Pat. ii. 24; Liv. Epit. 83); and  their successors, of course, undertook their office on
that Pompey was appointed sole consul, in order  an irregular day, which then remained the dies sot:. prevent his becoming dictator.  (Ascon. ad  lensnis, until another event of a similar kind rendered
Ci(. p  MA il. p. 37; Liv. Emit. 107; Appian, De another change necessary.  The first consuls, as




CONSUL.                                          CONSUL.                  353
far as we know, entered upon their office on the  Henceforth the ides of December remained for a
ides of September.  (Dionys. v. 1; Liv. vii. 3.) long time the dies solennis. (Liv. iv. 37, v. 9, 11.)
The first change seems to have been brought about In B. c. 401, the military tribunes, in consequence
by the secession of the plebs, B. c. 493, when the  of the defeat at Veii, abdicated, and their successors
consuls entered on the kalends of September. entered upon their office on the kalends of October.
(Dionys. vi. 49.) In B. c. 479, the day was thrown  In B. C. 391, the consuls entered upon their office
a whole month backward; for of the consuls of the  on the kalends of Quintilis.  (Liv. v. 32; comp. 31,
preceding year one had fallen in battle, and the  vii. 25, viii. 20.) From this time no further change
other abdicated two months before the end of his is mentioned, though several events are recorded
year; hence the new  consuls entered on the  which must have been accompanied by an alterkalends of Sextilis.  (Dionys. ix. 13; Liv. iii. 6.) ation of the dies solennis, until in u. c. 217, we
This day remained until B. C. 451, when the con- learn that the consuls entered upon their office
suls abdicated to make room for the decemvirs, on the ides of March, which custom remained mnwho entered upon their office on the ides of May. altered for many years (Liv. xxii. 1, xxiii. 30,
The same day remained for the two following years xxvi. 1, 26, xliv. 19), until in B. C. 154 it was de(Dionys. x. 56; Zonar. vii. 18; Fast. Cap.); but creed that in future the magistrates should enter
when the decemvirate was abolished, another day  upon their office on the 1st of January, a regulation
must have become the dies solennis, but which it which began to be observed the year after, and
was is unknown, until in B. C. 443, we find that it remained in force down to the end of the republic.
was the ides of December. (Dionys. xi. 63.) This  (Liv. Epit. 47; Fast. Praenest.)  The changes in
change had been occasioned by the tribuni militares the time at which the consuls entered upon their
who had been elected the year before, and had been  office at different times, may therefore be given in
compelled to abdicate. (Liv. iv. 7; Dionys. xi. 62.) the following tabular view:From B. C. 509 to 493 on the Ides of September.
-   -  493 - 479  -    Kalends of September.
-  479 -451  -    Kalends of Sextilis.
-   -451-449   -    Ides of May.
-  449 - 443 or 400 Ides of December.
-- 400 - probably till 397, Kalends of October.
-  397 -  329 (perhaps 327), Kalends of Quintilia
--- 327 - 223 unknown.
-  223  153 Ides of March.
-   -  153- till the end, the Kalends of January.
The day on which the consuls entered on their  place in the consulship (in zunum locum petebant,
office determined the day of the election, though  Liv. xxxv. 10).  But as in the course of time the
there was no fixed rule, and' in. the earliest times  patricians were thrown into the shade by the rising
the elections probably took place very shortly be. power of the noi'les, it came to pass that both confore the close of the official year, and the same was  suls were plebeians.  In B. c. 215, the augurs inoccasionally the case during the latter period of the  deed opposed the election of two plebeians (Liv.
republic.  (Liv. xxxviii. 42, xlii. 28, xliii. 11.)  xxiii. 31); but not long after, in B.C. 172, the fact
But when the first of January was fixed upon as  of both consuls being plebeians actually occurred,
the day for entering upon the office, the consular  and after this it was often repeated, the ancient
comitia were usually held in July or even earlier, distinction between, patricians and plebeians falling
at least before the Kalends of Sextilis. (Cic. ad  completely into oblivion.
Att. i. 16; ad Fa(me. viii. 4.) But even during that    The consulship was throughout the republic
period the day of election depended in a great regarded as the highest office and the greatest
measure upon the discretion of the senate and con-  honour that could be conferred upon a man (Cic.
suls, who often delayed it. (Cic. ad Att. ii. 20, iv. p. Plane. 25; Paul. Diac. p. 136; Dionys. iv. 76),
16, p. Leg. Man. 1.)                             for the dictatorship, though it had a majis izmperizm,
Down to: the year B. e. 366i. the consulship was  was not a regular magistracy; and the censorship,
accessible to none. but patricians0 but in that year though conferred only upon consulars, was yet far
L. Sextius was the' first plebeian consul in conse- inferior to the consulship in power and influence.
quence of the law of C. Licinius.  (Liv. vi. 42,; It was not till the end of the republic, and especially
vii. 1.)  The patricians howeveri notwithstanding  in the time of J. Caesar, that the consulship lost its
the law, repeatedly contrived to, keep' the plebeians, former dignity; for in order to honour his friends,
out (Liv. vii. 17, 18, 19, 22, 24, 28), until in  he calsed them to be elected, sometimes for a few
B. c. 342 the insurrection of the army of Capua  months andsometimes evenfor afew hours. (Suet-on.
was followed, among other important consequences,  Caes. 76, 80, Nero, 15; Dion Cass. xliii. 46 
by the firm establishment of the plebeian consul-  Macrob. Sat. ii. 3.)
ship; and it is even said that at that time a ple-    The power of the consuls wavs at first equal to
biscitum  was passed, enacting that both consuls' thdt of the kings into whose place they stepped, with
might be plebeians.  (Liv. vii. 42.) Attempts on  the exception of the priestly power of the rex- sacrothe part of the patricians to exclude the plebeians,. rum, which was detached from it.  Even after the
occur as late as the year B. C. 297 (Liv. x. 15; Valerian laws and the institution of the tribuneship,
Cic. BriZt. 14)  but they did not succeed, and it the consuls who alone were invested with the
remained a principle of the Roman constitution  executives retained the most extensive powers in all
that both consuls should not be patricians.  (Liv.  departments of the government.  But in the gradual
xxvii. 34, xxxix. 42.) The candidates usually were  development of the'constitution, some important
divided into two sets, the one desirous to obtain  functions were detached from the consulship and
the patrician, and the other to obtain the plebeian  assigned to new officers. This was the case first
AA




354               CONSUL.                                          CONSUL.
with the census, in B. C. 443, an office which at for they had the imperium militare, which ceased
first was confined to holding the census and regis- as soon, as they had entered the city.
tering the citizens according to their different    But the powers of the consuls were far more
classes, but afterwards acquired very extensive  extensive in their capacity of supreme commanders
powers. [CENSOR.] The second function that was  of the armies, when they were without the prein this manner taken from the consuls, was their cincts of the city, and were invested with the full
judicial power, which was transferred in B. c. 366, imperium.  When the levying of an army was
to a distinct magistracy under the title of the  decreed by the senate, the consuls conducted the
praetorship [PRAETOR]; and henceforth the con- levy, and, at first, had the appointment of all the
suls appeared as judges only in extraordinary cases subordinate officers - a right which subsequently
of a criminal nature, when they were called upon  they shared with the people; and the soldiers had
by a senatus consultum.  (Cic. Brut. 32; Liv. to take their oath of allegiance to the consuls.
xxxix. 17, &c., xli. 9.) But, notwithstanding these  They also determined the contingent to be furcurtailings, the consulship still continued to be re- nished by the allies; and in the province assigned
garded as the representative of regal power. (Polyb. to them  they had the unlimited administration,
vi. 11; Cic. De Leg. iii. 3.)                    not only of all military affairs, but of every thing
In regard to the nature of the power of the con, else, even over life and death, excepting only
suls, we must in the outset divide it into two  the conclusion of peace and treaties. (Polyb. vi.
parts, inasmuch as they were the highest civil 12; compare EXERCITUS.)  The treasury was,
authority, and at the same time the supreme corm- indeed, under the control of the senate; but in
manders of the armies.  So long as they were in  regard to the expenses for war, the consuls do not
the city of Rome, they were at the head of the  appear to have been bound down to the sums
government and the administration, and all the  granted by that body, but to have availed themother magistrates, with the exception of the tribunes  selves of the public money as circumstances reof the people, were subordinate to them.  They  quired; the quaestors, however, kept a strict acconvened the senate, and as presidents conducted  count of the expenditure (Polyb. vi. 12, 13, 15;
the business; they had to carry into effect the de-  Liv. xliv. 16).  But when in times of need money
crees of the senate, and sometimes on urgent emer- was to be taken from the aerarisum sanctius, of
gencies they might even act on their own authority  which the keys seem to have been in the exclusive
and responsibility. They were the medium through  possession of the consuls, they had to be authorised
which foreign affairs were brought before the senate; by a senatus consultum. (Liv. xxvii. 10.)  In the
all despatches and reports were placed in their early times, the consuls had the power to dispose
hands, before they were laid before the senate; by  of the booty in any way they pleased; sometimes
them foreign ambassadors were introduced into the  they distributed the whole or a part of it among
senate, and they alone carried on the negotiations  the soldiers, and sometimes they sold it, and debetween the senate and foreign states.  They also  posited the produce in the public treasury, which
convened the assembly of the people and presided  in later times became the usual practice.
in it; and thus conducted the elections, put legis-    Abuse of the consular power was prevented,
lative measures to the vote, and had to carry the  first of all, by each of the consuls being dependent
decrees of the people into effect.  (Polyb. vi. 12; on his colleague who was invested with equal
COMITIA; SENATUS.)  The whole of the internal rights; for, if we except the provinces abroad
machinery of the republic was, in fact, under where each was permitted to act with unlimited
their superintendence, and in order to give weight power, the two consuls could do nothing unless
to their executive power, they had the right of both were unanimous (Dionys. x. 17; Appian, De
summoning and arresting the obstreperous (vocatio Bell. Civ. ii. 11), and against the sentence of one
and prensio, Cic. in Vuat 9, p. Domn. 41), which  consul an appeal might be brought before his colwas limited only by the right of appeal from their league; nay, one consul might of his own accord
judgment (provocatio); and their right of inflicting  put his veto on the proceedings of the other. (Liv.
punishment might be exercised even against in- ii. 18, 27, iii. 34; Dionys. v. 9; Cic. De Leg. iii.
ferior magistrates.                              4.)  But in order to avoid every unnecessary disThe outward signs of their power, and at the  pute or-rivalry, arrangements had been made from
same time the means by which they exercised  the first, that the real functions of the office should
it, were twelve lictors with the fasces, without be performed only by one of them every alternate
whom the consul never appeared in public (Liv. month (Dionys. ix. 43); and the one who was in
xxv. 17, xxvii. 27; Val. Max. i. 1. ~ 9; comp. the actual exercise of the consular power for the
Liv. vi. 34, xxxix. 12), and who preceded him in  month, was preceded by the twelve lictors, whence
a line one behind another. (Liv. xxiv. 44; Val. he is commonly described by the words penzes quesz
Max. ii. 2. ~ 4.)  In the city, however, the axes fasces erant. (Liv. viii 12, ix. 89 )  In the early
did not appear in the fasces; a regulation said  times, his colleague wtts then not accompanied by
to have been introduced by Valerius Publicola  the lictors at all, or he was preceded by an accensus,
(Dionys. v. 2, 19, 75, x. 59), and which is in- and the lictors followed after him,  (Cic. De Re
timately connected with the right of appeal from   Publ. ii. 31; Liv. ii. 1, iii. 33; comp. Dionys. v.
a consul's sentences whence it did not apply to  2, x. 24.)  As regards the later times, it is certain
the dictator nor to the decemvirs.  Now as the  that the consul, when he did not perform the
provocatio could take place only within the city  functions of the office, was followed by the twelve
and a thousand paces in circumference, it must be  lictors (Suet. Cues. 20); when this custom arose is
supposed that the axes did not appear in the fasces  uncertain, and we only know that, in the time of
within the same limits, an opinion which is not Polybius, the dictator had twenty-four lictors.  It
contradicted by the fact that the consuls on return- is commonly believed, that the consul who for the
ing from war appeared with the axes in their fasces  month being performed the functions of the office,
in the Campus Martins, at the very gates of Rome;  was designated as the consel major; but the an



CONSUL.                                            CO-NSUL.                  -355
cients themselves were doubtful as to whether the  lots. (Liv. iii. 2, viii. 16, xxxvii. 1; Cic. ad Att. is
term applied to the one who hid the fasces, or to  19; comp. Liv. xxxv. 20, xli. 8.)  In the earliest
the one who had been elected first (Fest. p. 161 ); times, it seems to have been the custom for only
and there seems to be good reason for believing  one of the consuls to march out at the head of the
that the word major had reference only to the age  army, and for the other to remain at Rome for
of the consul, so that the elder of the two was  the protection of the city, and to carry on the ad.
called consul major.  (Liv. xxxvii. 47; Cic. De  ministration of the civic affairs, unless, indeed,
Re Publ. ii. 31; Val. Max. iv. 1. ~ 1; Plut. wars were carried on in two different quarters
Publ. 12; Dionys. vi. 57.)  Owing to the respect  which rendered it necessary for both consuls to
paid to the elder, he presided at the meeting of take the field. (Dionys. vi. 24, 91; comp. Liv.
the senate which was held immediately after the  iii. 4, 22, vii. 38.)  Nay, we find that even when
election. (LI. ix. 8; Gellius, ii. 15.)  Another  Rome had to contend with one formidable enemy,
point which acted as a check upon the exercise of the two consuls marched out together (Liv. ii. 44,
the consular power, was the certainty that after iii. 8, 66, viii. 6, &c.); but the forces were equally
the expiration of their office they might be called  divided between them, in such a manner that each
to account for the manner in which they had con- had the command of two legions, and had the
ducted themselves in their official capacity. Many  supreme command on every alternate day. (Polyb.
cases are on record, ill which after their abdication  iii. 107, 110, vi. 26; Liv. iv. 46, xxii. 27, 41,
they were accused and condemned not only for il- xxviii. 9; comp. iii. 70.)
legal or unconstitutional acts, but also for misfortunes    When the Roman dominion extended beyond
in war, which were ascribed either to their care- the natural boundaries of Italy, the two consuls
lessness or want of ability. (Liv. ii. 41, 52, 54, 61, were not enough to undertake the administration
iii. 31, xxii. 40. 49, xxvi. 2, 3, xxvii. 34; Cic. of the provinces, and praetors were appointed to
De XVat. Deor. ii. 3; Val. Max. viii. 1. ~ 4.)  The  undertake the command in some, while the more
ever increasing arrogance and power of the tribunes  important ones were reserved for the consuls.
did not stop here, and we not unfrequently find  Hence a distinction was made between provinciae
that consuls, even during the time of their office, consulares and praetorice. (Liv. xli. 8.) [PRowere not only threatened with punishment and  VINCIA.]  It remained with the senate to deterimprisonment, but were actually  subjected to  mine into which provinces consuls were to be sent,
them.  (Liv. iv. 26, v. 9, xlii. 21, Epit. 48, 55; and inlto which praetors, and this was done either
Cic. De Leg. iii. 9, is Vat. 9; Val. Max. ix. 5. ~ 2; before the magistrates actually entered upon their
Dion Cass. xxxvii. 50, xxxviii. 6, xxxix. 39.)  office (Liv. xxi. 17), or after it, and on the proposal
Sometimes the people themselves  opposed the  of the consuls. (Liv. xxv. 1, xxvi. 28, xxvii. 7, &c.)
consuls in the exercise of their power. (Liv. ii. 55, Upon this, the magistrates either agreed among
59.)  Lastly, the consuls were dependent upon the  themselves as to which province each was to
senate.  [SENATUS.]  There occurred, however, undertake, or they drew  lots, first, of course, the
times when the power of the consuls thus limited  consuls, and after them the praetors.  One of the
by republican institutions was thought inadequate  laws of C. Gracchus, however, introduced the reto save the republic from  perils into which she  gulation, that every year the senate, previous to
was thrown by circumstances; and on such occa- the consular elections, should determine upon the
sions a senatus consultum viderent or dauent operam  two consular provinces, in order to avoid partiality,
consules, ne quid sespublica detrimenti caperet, con- it being yet unknown wio were to be the consuls.
ferred upon them  full dictatorial power not re-  It had been customary from  the earliest times for
strained either by the senate, the people, or the  the consuls to enter their province in the year of
tribunes.  In the early times, such senatus con- their consulship1 either at the very beginning or
sulta are rarely mentioned, as it was customary to  afterwards; but in the latter period of the republic,
appoint a dictator on such emergencies; but when  the ordinary practice of the consuls was to remain
the dictatorship had fallen into disuse, the senate  at Rome during the year of their office, and to go
by the above mentioned formula invested the  into their province ill. the year following as proconsuls, for the time, with  dictatorial power. consulsf until at length in B.c. 53, a senatus con[DICTATOP-]                                        sultum, and  the year after a law  of Pompey
On entering upon theit office, the consuls, and  enacted that a consul or praetor should not go into
afterwards the praetors also, agreed among one  any province till five years after- the expiration of
another as to the business which each had to look  their office. (Dion Cass. xl. 46, 56.)  When a
after, so that every one had his distinct sphere of consul was once in his province, his imperium was
action, which was termed his provincia.  The or- limited to it, and to exereise thle same in any other
dinary way in which the provinces were assigned  province was, at all times, considered illegal. (Liv.
to each, was by lot (sortiri provincias), unless the  x. 37, xxix. 19, xxxi. 48, xliii. i.)  In some few
colleagues agreed anong themselves, without any  cases, this rule was overlooked for' the good of the
such means of decision (comparure inter se provin. republic. (Liv. xxvii. 43, xxix. 7.)  On the other
cias, Liv. xxiv. 10, xxx. 1, xxxii. 8; Cic. ad Fam.  hand, a consul was not allowed to quit his proi. 9).  The decision by lot was resorted to for no  vince before he had Accomphlished the purpose for
other reason than because the two consuls had  which he had been sent into it, or before the arrival
equal rights, and not, as some believe, because it  of his successor, unless, indeed, he obtained the
was thereby intended to leave the decision to the  special permission of the senate. (Liv. xxxvii. 47.)
gods.  If it was thought that one of the consuls  Other functions also were sometimes divided bewas eminently qualified for a particular province, tween the consuls by lot, if they could not agree,
either on account of his experience or personal for example, which of thern was to preside at the
character, it frequently happened, that a commis- consular elections or those of the censors (Liv.
sion was given to him extra sortem or extra ordinem, xxiv. 10, xxxv. 6, 20, xxxix. 32, xli. 6), which of
i. e. by the senate and without any drawing of them was to dedicate a temple (Liv. ii. 8, 27), or
AA 2




336.CONSUL.                                            CONSUL.
nominate a dictator. (Liv. iv. 26.)  So long as the  IIn the reign of Augustus, the consular power was
consuls had to hold the census, they, undoubtedly, a mere shadow of what it had been before, and
drew lots, which of them  condeset lustriuns, and  the consuls who were elected, did not retain their
even when they went out on a common expedition,  office for a full year, but had usually to abdithey seem  to have determined by lot in what di-  cate after a few months.  (Dion Cass. xlviii. 35,
rection each should exert his activity. (Liv. xli.  xliii. 46; Lucan, v. 399.)  These irregularities
18.)                                              increased to such an extent, that in the reign of
The entering of:a consul upon his office was  Commodus there were Ino less than twenty-five
connected with great solemnities: before daybreak  consuls in one year. (Lamprid. Corsmod. 6; Dion
each consulted the auspices for himself, which in  Cass. Ixxii. 12.)  In the republican time, the year
the early times was, undoubtedly, a matter of had received its name from the consuls, and in all
great importance, though, at a later period, we  public docmnents their names were entered to mark
know it to have been a mere formality. (Dionys. the year; but from the time that there were more
ii. 4, 6.)  It must, however, be observed, that than two in one year, only those that entered upon
whatever the nature of the auspices were, the  their office at the beginning of the year were reentering upon the office was never either rendered  garded as consules ordinarii, and gave their names
impossible or delayed thereby, whence we must to the year, though the suffecti were likewise
suppose that the object merely was to obtain fa-  entered in the Fasti.  (Sueton. Dom1it. 2, Galb. 6,
vourable signs from  the gods, and as it were to  Vitell. 2; Senec. De Tea. iii. 31; Plin.Panegr. 38
place under the protection of the gods the office  Lamprid. Al. Sev. 28.)   The consules ordinarii
on which the magistrate entered.   After the  ranked higher than those who were elected afterauspices were consulted, the consul returned home, wards. The election from the time of Tiberius was
put on the toga praetexta (Liv. xxi. 63; Ov. ex  in the hands of the senate, who, of course, elected
Poznt. iv. 4. 25, Fast. i. 81), and received the  only those that were recommended by the emsalutatio  of his friends and the senators. (Dion  peeor; those who were elected were then announced
Cass. lviii 5; Ov. ex Pont. iv. 4. 27, &c.)  Ac-  (renuneciare) to the people assembled in what was
companied by these and a host of curious spectators, called conmitia. (Dion Cass. lviii. 20; Plin. Paneeg.
the consul clad in his official robes, proceeded to  77; Tac. Ann. iv. 68.)  In the last centuries of
the temple of Jupiter in the Capitol, where a solemn  the empire, it was customary to create honorary
sacrifice of white bulls was offered to the god. consuls  (consafes hIonorarii) who  were chosen
-It seems that in this procession, the sella carulis, by the senate and sanctioned by the emperor
as an emblem of his office, was carried before the  (Cassiod. i. 10; Justin. Nov. lxx. 80. c. 1), and
consul. (Ov. l.. iv. 4. 29, &c., -9, 17, &c.; Liv. consoles suffecti were then scarcely heard of at all,
xxi. 63; Cic. De Leg. Agsr. ii. 34.)  After this, a  for Constantine restored the old custom of appointmeeting of the senate took place, -at which the  ing only two consuls, one for Constantinople, and
elder of the two consuls made his report concern- the other for Rome, who were to act as supreme
ing the republic, beginning with matters referring  judges (under the emperor) for a whole year, and
to religion, and then passing on to other affairs  besides these two there were no others except
(referre ad senatznu  de rebus divinis et hu72cnis, honorary consuls *and consulares.  Although the
Liv. vi. 1, ix. 8, xxxvii. 1; Cic. ad Quir. post Red.  dignity of these honorary consuls as well as of the
5.)  One of the first among the religious things  consules ordinaii and suffecti was merely nominal,
which the consuls had to attend to, was the fixing  still it was regarded as the highest in the empire,
of the feriae Latinae, and it was not till they had  and w-as sogiht after by noble and wealthy persons
performed  the  solemn  sacrifice on the Alban  with the greatest eagerness, notwithstanding the
nmount, that they could go into their provinces.  great expenses connected Wifth the office on ac(Liv. xxi. 63, xxii. 1, xxv. 12, xlii. 10..)  The  count of the public entertainments which a newly
other affairs upon which the consutls had to'report appointed consul had to give to his friends and the
to the senate had reference to the distribution of people.  (Lydus, De M/agistr. ii. 8; Liban. Orat.
the provinces, and many other matters connected. 8; Symmach. ii. 64, iv. 8, x. 44; Sidon. Apollin.
with the administration, which often were of the  Epist. ii. 3; Cassiod. ii. 2, vi. 1; Procop. De Bell.
highest importance.   After these teports, the  Pers. i. 25.)  Sometimes the emperors themselves
meeting of the senate broke up, and the members  assumed the consulship or conferred it upon imaccompanied the consuls to their homes ('Or. ex  perial princes.  The last consul of Rome was DeciPont. iv. 4. 41), and this being done, the consuls mus Theodorus Paulinu's, a. D. 536, and at Conwere installed in their office, it which they had to  stantinople FlaYiAs Blasilibes Junior, in A. D. 541.
exert themselves for the good of their country.    After that time, the emperors of the lEast took the
Respecting the various offices which at different title of consul for themselves, until in the end it
times were temporary substitutes for the consul-  fell quite into oblivion.
ship, such as the dictatorship, the decemvirate,    The official functions of the consuls under the
and the office of the tribuni militares consulari  empire were as follows:-  1. They presided in the
potestate, the reader is referred to the separate  senate, though, of course, never without the sanction
articles.  Toiatds the end of the republic, the  of the emiperor; 2. They  adminlistered justice,
consulship lost its power and importance.  Caesar, partly eira'oi'dicite   (Tee. Ann. iv. 19 xiii. 4;
in his dictatorship, gave it the first severe blow,  Gell. xiii. 24), and partly in ordiinaty cases, sutch as
for he himself took the office of consul Along with  manumissions or the appointment of guardians (Amthat of dictator, or he arbitrarily caused persons to  mian. Marcell. xxii. 7; Cassiod. vi. 1; Sueton.
be elected, who in their actions were entirely de-  Claud. 23; Plin. H. N. ix. 13); 3. The letting of
pendent upon his will.  He himself wvas elected at  the public revenues, a duty which had formerly
first for five years, then for ten, and at length for  been performed by the censors (Ov. ex Pont. iv. 5.
life. (Sueton. Caes. 76, 80; Dion Cass. xlii. 20,  19); 4. The conducting of the games in the Circus
xliii. 1, 46, 49; Appian, De Bell. Civ. ii. 1 06.)  and of public solemnities in honour of the emperors,




CONTUBERNALES.                                         CONVENTUS.                   357'
for which they had to defray the expenses out of Pro Plac2e. 11     Suet. Cues. 42; Tacit. Agr. 5;
their own means.  (Sueton. NAero, 4; Juven. xi. Frontin. Strateg. iv. 1. 11; Plutarch. Ponzmp. 3.)
193, &c.; Cassiod. 1. c., and iii. 39, v. 49, vi. 10.)    In a still wider sense, the name con/lubernales
Some emperors indeed granted the money necessary  was applied to persons connected by ties of inltifor such purposes and endeavoured to check the  mate friendship and living under the same roof
growing extravagance of the consuls, but these  (Cic. Ad Fram. ix. 2; Pliun. Lpist. ii. 13); and
regulations were all of a transitory nature.  (Lam-  hence when a free man and a slave, or two slaves,
prid. Al. Sever. 43; Vopisc. Aurel. 12; Justin.  who were not allowed to contract a legal marriage,
Nov. 105.)  Compare besides the various works on  lived together as husband and wife, they were
Roman history, K. D. HUillmann, Runm. Grzndver-  called contzbernales; and their connection, as well:
flssug, p. 125, &c.;  K. W. Gbttling, Gese~k. der  as their place of residence, conztubeaiziumn. (Colum.
Riz. Staatsvlerf: p. 269, &c., and above all, Becker, xii. 1. 3, i. 8; Petron. Sat. 96; Tacit. Hist. i.
Handbuch der Rom. Alterth. vol. ii. part ii. pp. 87  43, iii. 74.)  Cicero (Ad Att. xiii. 28) calls Caesar
-126.                                   [L. S.]    the conztulernalis of Quirinus, thereby alluding to
CONSULAtRIS, throughout the time of the  the fact that Carsar had allowed his own statue to
Roman republic signifies a person who has been  be erected in the temple of Quirinus (comp. Ad
invested with the consulship; but under the em- i.4t. xii. 45, and Suet. Caes. 76).        [L. S.]
pire it became a mere title for the higher class of    CONTUBE'RNIUM.    [CONTUBERNALES;
officers, who thereby obtained permission to have  CONCUBINA.]
the insignia of a consul, without ever having ac-    CONTUS. (c"eTcds, from  tee're'iW, I prick or
tually been consuls.  Hence the title was almost pierce), was, as Nonius (xviii. 24) expresses it, a
equivalent to that of an " honorary consul " (consult long and strong wooden pole or stake, with a:
honoraries; Cod. Theod. vi. tit. 19, s. 15 vi. tit. 2. pointed iron at the one end. (Virg. Aen. v. 208.)
s. 2). The title was gi;ven especially to generals, as  It was used for various purposes, but chiefly as a
formerly persons after their consulship had usually  punt-pole by sailors, who, in shallow water, thrust
undertaken the command of an army in the pro-  it into the ground, and thus pushed on, the boat.
vinces, and in many instances they were the same  (Hom. Od. ix. 287; Virg. 1. c; and vi. 302.)  It
as the legati principis or the. magistri militum. also served as a means to sound: the depth of the
(Veget. ii. 9; Dig. 3. tit. 2. s. 2.) It was further a  water. (Festus, s. v. Pereoszctatio, p. 214, ed. Miilcommon custom established, even by the first em- ler; Donat. ad, Terent. Hec. i. 2. 2.)  At a later
perors to give to governors.of imperial provinces the  period, when the Romans became acquainted with
title of consularis, irrespective of their ever having  the huge lances or pikes of some of the northern
been consuls. (Suet. Aug. 33, Tib. 33, Domit. 6;  barbarians, the word contus was applied to that
Tac. Agric. 8, 14, 40.) Consularis thus gradually  kind of weapon (Virg. Aen. ix. 510; Tacit. Hist.
became the established title for those entrusted  i. 44, iii. 27; Lamprid. Commod. 13); and the
with the administration  of imperial provinces. long pikes peculiar to the Sarmatians were always
The emperor Hadrian divided Italy into four re-  designated by this name.  (Tacit. Hist., i. 79,
gions, and over each he placed an officer who like-  Annzal. vi: 35; Stat. Achlil. ii. 416; Valer. Flac.
wise bore the title of consularis, and was. entrusted  vi. 162, and others.)               [L. S.]
with the administration of justice in his district,    CONVENI'RE  IN   MANUM.   [MATRIwhence he is frequently called Juridicus (Spar- MIONIUM.]
tian. Hadr. 22, with the note of Salmas.).  At    CONVENTIO'NES.  [OeBLIGATIONES.]
Constantinople the title was given to the super-    CONVENTUS (ovrsvoos, sv'ovouia, or orvva.
intendents of the aquaeducts (consulares aquarum),  yceyl4) is properly a name which may be given towho had to see that all public and private places  any assembly of men who meet for a certain pur-e
were properly suspplied with water, and who seem  pose. (Paul. Dinec. p. 42, ed. MUller.)  But when'
to have been analogous to the curatores aquarum   the Romans had reduced foreign countries into'
of Rome.  They are frequently mentioned in in-  the form of provinces, the word conventus assumedscriptions, and also in the Codex of Justinian and  a more definite meaning, and was applied to the'
Theodosius.                             [L. S.]    meetings of the provincials in certain places apCONTRACTUS.  [OBLGAIOASIONZS.]                  pointed by the praetor or proconsul for the purCONTROVE/RSIA..  [JrD.Ex J]                     pose of administering justice. (Cic. in Verr. ii. 20,
CONTUBERNA'LES ((rKIWVOL0). This word,. 24, 30, iv. 29, 48; Cic. ad Fasm. xv. 4; Horat.
in its original meaning, signified men who served  Sat. i. 7. 22'; Caes. Bell. Civ. ii. 21; Hirt. Bell.:
in the same army and lived in the same tent.  It  Aftr. 97.) In order to facilitate the administration
is derived from taberna (afterwards tabernaculum), of justice, a province was divided into a number
which, according to Festus, was the original name  of districts or circuits, each of which was likewise
for a military tent, as it was. made of boards  called conventezs, forzm, or jurisdietio.  (Cic. in
(tabulae). Each tent was occupied by ten soldiers  Verr. ii. 8, 66; Plin. Ep. x. 5; Plin. H, AT. iii.
(contubernales), with a subordinate officer at their  1, iv. 22, v. 29.)  Roman citizens living in a prohead, who was called decanus, and in, later times  vince were likewise under the jurisdiction of the
caput contubernii.  (Veget. De Re lil. ii. 8. 1 3.;. proconsul; and accordingly all that had to settle any
compare Cie. Pro Ligar. 7; Hirt. Bell. Alex. 16; business at a conventus had to make their appearDrakenborch, Ad Liv. v. 2,)                        ance there.  The towns which had the Jus ItaYoung Romans of illustrious, families used to  licum, had magistrates of their own with a jurisaccompany a distinguished general on his. expedi-  dictio, ftom whom there was no doi:bt an appeal
tions, or to his province, for the purpose of gaining  to the proconsul.  At certain times of the year,
under his superintendence a practical trainin   in  fixed by the proconsul, the people assembled in
the art of war, or in the administration of public  the chief town of the district.'To hold a conaffairs, and were, like soldiers living in the same  ventus was expressed by cozveentus ayere, perasere
tent, called his contubernales.  (Cic. Pro Coel. 30,.briotn  agere, ayopaiovs (sc. Nymphs)  Yey, &c;'
AA 3




358                CORBIS.                                          CORNU.
(Caes. Bell. /all. i. 54, v. 1, viii. 46; Act. Apost. in which a farming man, in the shape of a dwarf-'
xix. 38.)  At such a conventus litigant parties  ish satyr, is seen with a pole (&aeIAAa) across
applied to the proconsul, who selected a number of his shoulder, to each end of which is suspended a
judges from the conventus, generally from among  basket resembling in every respect the Campanian
the Romans residing in the province, to try their corbella; all which coincidences of name, form,
causes. (Cic. in Verr. ii. 13, &c.; Niebuhr, flist. and description leave no doubt as to the identity
Rom. vol. iii. p. 732.)  The proconsul himself pre- of the term with the object represented.   [A. R.]
sided at the trials, and pronounced the sentence
according to the views of the judges, who were his'
assessors (consiliuns or consiliarii).  As the pro-  Fp'
consul had to carry on all official proceedings in
the Latin language (Val. Max. ii. 2. 2), he was
always attended by an interpreter. (Cic. in Verr.
iii. 37, ad Fain. xiii. 54.) These conventus appear     /.
to have been generally held after the proconsul 
had settled the military affairs of the province; at
least when Caesar was proconsul of Gaul he made    - -- -
it a regular practice to hold the conventus after I —.                           -
his armies had retired to their winter-quarters.
In the time of the emperors certain towns in
each province were appointed as the seats of
standing courts, so that the conven2ts were superseded. (Cod. Just. i. tit. 40. s. 6.) The term con-     1:?,/1/l
ventus is lastly applied to certain bodies of Roman                      \\
citizens living in a province, forming a sort of cor-   y   "W         IW1lW) 
poration, and representing the Roman people in                     \;IL//11/)'     1
their district or town; and it was from among'f'li/
these that proconsuls generally took their assistants. Such corporations are repeatedly mentioned,
as, for example, at Syracuse (Cic. in Verr. ii. 13,
29, iii. 13, iv. 25, 31, v. 36, &c.), Capua (Caes. CORBTAE, merchantmen of the larger class,
De Biel. Civ. i. 14; Civ. p. Set. 4), Salona (Caes. so called because they hung out a corbis at the
De Bell. Ci. i1ii. 9), P.teoti (Cic4., o in aCat. e   mast-head for a sign.  (Festus; Nonius, s. v.)
De Bell. Civ. iii. 9), Puteoli (Cic. in Vat. 5)
They were also termed oneraarie; and hence
and Corduba (Caes. De Bell. Civ. ii. 19; comp.
PRovINcIA.)                           [L. S.]    Plautus, in order to designate the voracious apCON VI'VIUM.   [SLMPosS.c].]                  petites of some women, says, " Corbitam  cibi
COOPTAN RE.  [COLLEG1UM.]                     comesse possunt" (Cas. iv. 1. 20).  They were
CO'PHJNUS (Kdpuros, Engl. coinz), a Ularge  noted for their heavy build and sluggish sailing
kind of wicker basket, made of willow branches. (Lucil. uN. Non. s. v. Corbitae; Plaut. Poen. iii. 1.4),
(Mor. Att. and Hesych. s. v. A os.)  From  and carried passengers as well as merchandise, an(Moer. Att. and Hesych. s. v.'A" iXos.) From
Aristophanes (Av. 1223) it would seem that it swering to the large " felucca " of the present day.
was used by the Greek6s as a basket or cage for Cicero proposed to take a passage in one of those
birds.  The Romans used it for agricultural pur-   e      which he opposes to the smarter class of
poses, and Colimella (xi. 3. p. 460, ed. Bip.) in  packets (actuaOiola, ad Att. xvi. 6).   [A. R.]
describing a method of procuring early cucunmbers,    CORDAX (IcpUaN).  [CHORUS, 280, a.]
says, that they should be sown in well manured    CORNI'CINES.  [AENEATORES.]
soil, kept in a cophinus, so that in this case we    CORNICULA'RII.  [EXERCITUS.]
have to consider it as a kind of portable hot-bed.    CORNU.  [ExERCITUS.]
Jovenal (Sat. iii. 14, and vi. 542), when speaking    CORNU  a wind instrument, anciently made of
of  the Jews, uses the expression  coplinus et horn, but afterwards of brass. (Varr. L. L. v. 117,
/benumn (a truss of bay), figuratively to designate    
tbossuns (a truss of hay), figuratively to designate  ed. Muiller.) According to Athenaeus (iv. p. 184, a.)
their high degree of poverty. [CoRIrs.]  [L. S.] it  as an invention of the Etruscans.  Likethe
CORBIS, dies. CO RBIJLA, CORBICULA, tuba, it differed from the tibia in being a larger
a basket of very peculiar form and common use and more powerful instrument, and from the tuba
a~moeng the Romans, both for igricultural and other itself, in being curved nearly in the shape of a C,
purposes.  It was made of osiers twisted together, with a cross-piece to steady the instrument for the
and was of a conical or pyramidal shape. (Var.. L.  convenience of the performer.  In Greek it is
v. 1 39, ed. MUiller; Isidor. Orig. xx. 9; Cic. pro  called arpoyyiyv  a aArrty/.  It had no stopples or
Sest. 38; Ov. Met. xiv. 643; Plaut. Azl. ii. 7. 4; plugs to adjust the scale to any particular mode
Suet. Noer. 19.)  A basket answering, precisely  (Burney's Hist. of Music, vol. i. p. 518); the
to this description, both in form and material, is  entire series of notes was produced without keys
still to be seen in everyday use among the Cam- or holes, by the modification of the breath and
panianl peasantry, which is called in the language  the lips at the mouthpiece.  Probably, from  the
of the country' la corbella," a representation of description given of it in the poets, it was, like
which is introduced in the lower portion of the  our own horn, an octave lower than the trumpet.
annexed woodcut.  The hook attached to it by  The classicurn, which originally meant a signal,
a string is for the purpose of suspending it to a  rather than the musical instrument which gave the
branch of the tree into which the man climbs to  signal, was usually sounded with the cosnu.
pick his oranges, lemons, olives, or figs.  The      " Sonuit reflexo classicum cornu,
upper portion of the woodcut (A7tiehita di Er-         Lituusque adunco stridulos cantus
oloano, tom. iii. tav. 29) represents a Roman farm,     Elisit aere."        (Sen. Oed. 734.)




CORONA.                                          CORONA.                   359
From which lines we learn the distinction between  (Aul. Gell. v. 6; Plin. H. N. xxii. 4; Festus,
the cornu and lituus, as from Ovid (Mletam. i. 98) s. v. Obsidionalis; Serv. ad Virg. Aen. viii. 128.)
we learn that between the tuba, and carnuz-      A list of the few Romans who gained this honour
" Non tuba directi, non aeris cornua flexi."  is given by Pliny (H. N. xxii. 4, 5). A representation of the corona gramrinea is introduced in
The following woodcut, taken from Bartholini (De  the annexed woodcut.  (Guichard, De Antiquis
Tibiis, p. 403), illustrates the above account. [B.J.]i  Triumphis, p. 268; compare Hardouln, ad Plin.
H. N. x. 68).
COROLLA.  [CORONA.]
CORO'NA   (Trrdaos), a crownr  that is, a
circular ornament of metal. leaves, or flowers,
worn by the ancients round the head or neck, and                 CIcA., the second in honour and
used as a festive as well as funeral decoration, and  importace  in  H. N  xvi. 3), was presented to
as a reward of talent, military, or naval prowess,          (Pi n. H. N. xvi. 3), was presented   to
and civil worth.  It includes the synonymes of  the soldier who  had preserved the life of a Roman
the species, for which it is often used absolutely, citizen in battle. Gell. v. 6), and therefore
0aTear1iv', 0CrEdpos, 0-ETa'cCYa, corolla, sertin,,   a  accompanied with the inscription Ob civem servatuwn
garland or wreath.            c                  (Senec. Clem. i. 26).  It was originally made of
Judging from Hoimer's silence, it does not ap,- the ilex, afterwards of the aesculus, and finally of
pear to have been adopted amongst the Greeks of the quercus (Plin. H. N. xvi. 5), three different
the heroic ages as a reward of merit, nor as a  sorts of oak, the reason for which choice is exfestive decoration; for it is not mentioned amongst plained by Plutarch (Quaest. Rom. p. 151, edl
the luxuries of the delicate Phaeacians, nor of the  Reisk..).  It is represented in the next woodcs
suitors.  But a golden crown decorates the head
of Venus in the hymn to that goddess (I and 7). 
Its first introduction as an honorary reward is
attributable to the athletic games, in some of which
it was bestowed as a prize upon the victor (Plin.             6         I
Hf. N. xv. 39; Pindar. Olymnp. iv. 36), from whence                           i s\
it was adopted in the Roman circus.  It was the,       M'l
only one contended for by the Spartans in their
gymnastic contests, and was worn by them when               4i
going to battle.                                         i-I},
The Romans refined upon the practice of the                 i
Greeks, and invented a great variety of crowns             s'
formed of different materials, each with a separate,, 
appellation and appropriated to a particular purpose.,    -,
We proceed to enumerate these and their properties, including in the same detail an account of the....
corresponding ones, where any, in Greece.          -,,
I. CORONA OBSIDIONALIS. Among the honorary
crowns bestowed  by the Romans for military
achievements, the most difficult of attainment, and
the one which conferred the highest honour, was
the corona obsidionalis, presented by a beleaguered    As the possession of this crown was so high an
army after its liberation to the general who broke up  honour, its attainment was restricted  by very
the siege.  It was made of grass, or weeds and  severe regulations (Plin. H.N. xvi. 5), so that
wild flowers (Plin. H. N. xxii. 7), thence called  the following combinations must have been satiscorona graminiea (Plin. H. N. xxii. 4), and graCmi- fled before a claim was allowed: - To have prenea obsidionalis (Liv. vii. 37), gathered fromn the  served the life of a Roman citizen in battle, slain
spot on which the beleaguered army had been  his opponent, and maintained the ground on which
enclosed (Plin. i. c.; Aul. Gell. v. 6; Festus, the action took place.  The testimony of a third
s. v. Obsidionalis); in allusion to a custom of the  party was not admissible; the person  rescued
early ages, in which the vanquished party in a con- must himself proclaim  the fact, which increased
test of strength or agility plucked a handful of grass  the difficulty of attainment, as the Roman soldier
from  the meadow where the struggle took place,  was commonly unwilling  to acknowledge his obliand gave it to his opponent as a token of victory.  gation to the prowess of a comrade, and to show'
A A,0,,4,




360                CORONA.                                            CORONA.
him that deference which be would be compelled  of the entire bow, as shown in the subjoined wood-'.
to pay to his preserver if the claim were established.  cut. (Guichard. De Antiq.  riumzph. p. 267.)
(Cic. Pro Planc. 30.)  Originally, therefore, the
corona civica was presented by the rescued soldier
(Aul. Gell. v. 6; Polyb. vi. 37), after the claim
had been thoroughly investigated by the tribune
who compelled a reluctant party to came forward
and give his evidence (Polyb. 1. c.); but under
the empire, when the prince was the fountain from           0
whence all honours emanated, the civic crown was
no longer received fiom  the hands of the person
whose preservation it rewarded, but from the prince
himself or his delegate.  (Tacit. Ann. xv. 12
compare iii. 2.)
The preservation of the life of an ally, even    The Athenians likewise bestowed golden crowns
though lie were a king, would not confer a suffi- for naval services; sometimes upon the person who
cient title for the civic crown.  When once ob- got his trireme first equipped, and at others upon
tained, it might always be worn. The soldier who  the captain who had his vessel in the best order.
had acquired it, had a place reserved next to the  (Dem. De Coron. Praef. Nav. pp. 278, 279. ed.
senate at all the public spectacles; and they, as Schaefer.)
well as the rest of the companqy.rose up upon his    IV. CORONA  MURALIS.  The first man who
entrance.  He was freed fro m all public burthens, scaled the wall of a besieged city was presented
as were also his father, and his paternal grand- by his commander with a mural crown. (Aul. Gell.
father; and the person who owed his life to him v. 6. 4; Liv. xxvi. 48.) I.t was made of gold, and
was bound, ever after, to cherish his preserver as  decorated with turrets (muri pinnis, Aul. Gell. 1. c.))
a parent, and afford him all such offices as were  as represented in the next woodcut (Guichard.
due from a son to his father. (Polyb. vi. 37; Cic. D  Anai. Triulnph. p. 265)  and being one of the
Pro Plano. 30; Plin. H. N. xvi. 5; Aul. Gell. v. 6.)  highest orders of military decorations, was not
A few of the principal persons who gained this  awarded to a claimant until after a strict investireward, are enumerated  in the following pas- gotion.  (Liv. 1. c.; compare.Suet. Aug. 25.)
sages: -Plin. H1.. vii. 29, xvi. 5; Liv. vi. 20;
x. 46.  L. Gellimss Publicola proposed to confer it
upon Cicero for having detected and crushed the
conspiracy of Catiline (Aul. Gell. v. 6); and among
the honours bestowed upon Augustus by the senate,                X'
it was decreed that a civic crown should be sus-                 -
pended from the top of his house (Dion Cass. liii.
16; Val. Max. ii. 8. fin.; Ovid. Fast. i. 614, iv.
953, Trist. iii. 1. 6; Senec. Clem. i. 26; Suet.
Calyg. 19, compare Claud. 17, Tib. 26); hence a
crown of oak leaves, with the inscription ob cives
servatos, is frequently seen on the reverse of the    Cybele is always represented with this crown
Augustan medals, as also on those of Galba, Vi- upon her head (Lucret. ii. 607, 610; Ovid. Fast.
tellius, Vespasian, Trajan, &c., showing that they  iv. 219; compare Virg. Aen. x. 253, vi. 786);
likewise assumed to themselves a similar honour.   but in the woodcut annexed  (Caylus, Recueil
III. CORONA NAVALIS or ROSTRATA, called  d'Antiq. vol. v. pl. 3) the form  of the crown is
also CLASSICA.  (Vell. Pat. ii. 81.)  It is difficult very remarkable, for it includes the whole toweras
to determine whether these were two distinct well as the turrets, thus affording a curious specimen
crowns, or only two denominations for the same  of the ancient style of fortification.
one. Virgil (Aen. viii. 684) unites both terms in
one sentence, " Tempora navali fulgent rostrata
corona." But it seems probable that the former,
besides being a generic term. was inferior in dignity
to the latter, and given to the sailor who first
boarded an enemy's ship (Plin. H.N. xvi. 3);  
whereas the latter was given to a commander who
destroyed the whole fleet, or gained any very
signal victory.  M. Agrippa is said to have been
the first person who received the honour of a naval
crown, which was conferred upon himn on his conquest of Sex. Pompeius in B.c. 3-6; though, according to other authorities, M. Varro was the first 
who obtained it from Pompeius Magnus.  (Comp.
Vell. Pat. 1. c.; Liv. Epit. 129; Dion Cass. xlix.
14; AnJ. Gell. v. 6; Senec. De Ben. iii. 32
Festus, s. v. Navalis Corona; Plin. H.N. viii. 31,    V. CORONA CASTRENSIS or VALLARIS. The
xvi. 4; Suet, Clacud. 17.)  At all events, they  first soldier who surmounted the vallum, and forced
were both made of gold; and one at least (rostrata)  an entrance into the enemyls camp,,was, in like
decorated with the beaks of ships like the rostra in  manner, presented with a golden crown, called
the forum  (Plin. xvi. 4), as seen in a medal of corona.eastrensis or vallaris (Aul. Gell. v. 6;
Agrippa; the other (auvalis). with arepresentation: compare Val. Max. i. 8. ~ 6), which was.orna



CORONA.                                          CORONA.                   3bl'
mented with the palisades (valli) used in forming  which happened when the war was not duly de-:
all entrenchment, as represented in the annexed  dared, or was carried on against a very inferior
rwoodcat.  (Guichard. De Antiq. Triumnph. p. 266.)  force, or with persons not considered by the laws
of nations as lawful enemies, such as slaves and
pirates; or when the victory was obtained without
danger, difficulty, or bloodshed (Aul. Gell. v. 6;
Festms, s. v. Ovalis Corona);.on which account it
l l:i,1i l   Iwas made of myrtle, the shrub sacred to Venus,~
"Quod non Alartius, seod quasi Veneris quidam
triumphus foret." (Aul. Gell. 1. c,; Plut. lItarcell.
22; compare *Plin. II. N. xv. 39; Dionys. v. 47.)
The myrtle crown is shown in the woodcut annexed, from a medal of Augustus Caesar.
VI. COR!ONA TRIUMPHALIS. There were three
sorts of triumphal crowns, the first of which was
worn round the head of the commander during his                   -K
triumph.  It was made with laurel or bay leavesE  
(Aul, Gell. v. 6; Ovid. Pont. ii. 2. 81; Tibull. i.                 0  E) )K' M
7. 7), which plant is frequently met with on the
ancient coins, both with the berries and without
them.  It was the latter kind, according to Pliny            I
(H. N. xv. 39), which was used in the triumph,
as is shown in the annexed woodcut, from a medal
which commemorates the Parthian triumph of
Ventidius, the lieutenant of Antony. Being the                 C       VD 
most honourable of the three, it was termed laurea                        
insinis (Liv. vii. 13) and insignis corona triumnph- 
alis.
VIII. CORONA OLEAGINA. This was likewise'
an honorary wreath, made of the olive leaf, and
conferred upon the soldiers as well as their commanders. According to Gellius (v. 6), it was given
I.T/f~_,/~., < 1,1t-\  ~~..  \ to any person or persons through whose instrumentality a triumph had been obtained, but when
they were not personally present in the action. It
is represented in the next woodcut, from a medal of
Lepidus, and was conferred both by Augustus and
the senate upon the soldiery on several occasions.
(Dion Cass. xlix. 14, xlvi. 40.)
The second one was of gold, often enriched with
jewels, which being too large and massive to be 
worn, was held over the head of the general during nA 
his triumph, by a public officer (serves publicus,
Juv. Sat. x. 41).  This crown, as well as the   
former one, was presented to the victorious general
by his army.
The third kind, likewise of gold and great
value, was sent as presents from the provinces to
the commander, as soon as a triumph had been
decreed to him (Plut. Aemil. Paul. 34), and therefore they were also termed provinciales. (Tertull.
De Coron. Mil. c. 13.)  In the early ages of the    Golden crowns, without any particular designarepublic, these were gratuitous presents, but sub- tion, were frequently presented out of compliment
sequently they were exacted as a tribute under the  by one individual to another, and by a general to
name of aurumn coronariumn, to which none were  a soldier who had in any way distinguished himentitled but those to whom  a triumph had been  self.  (Liv. vii. 10, 37, x. 44, xxx. 15.)
decreed.  The custom of presenting golden crowns    The Greeks in general made but little use of
from the provinces to victorious generals was like- crowns as rewards of valour in the earlier and
wise in use among the Greeks, for they were pro- better periods of their history, except as prizes in
fusely lavished upon Alexander after his conquest the athletic contests; but previous to the time of
of Dareius (Athen. xii. p. 539, a); and  the  Alexander, crowns of gold were profusely distriRomans probably borrowed the custom from the  buted among the Athenians at least, for every
Greeks.  [AURUM  CoRoNARIUM.]                    trifling  feat, whether civil, naval, or military
VII. CORONA OVALIS was another crown of less  (Aesch. c. Clesiph.; Dem. De Coron. passsi),
estimation, appropriated solely to commanders. It  which, though lavished without much discriminawas given to those who merely deserved an ovation, tion as far as regards the character of the receiving




362               CORONA.                                          CORONA.
parties, were still subjected to certain legal re- acquired a crown might have it placed upoll his
strictions in respect of the time, place, and mode in  head when carried out in the funeral procession.
which they were conferred.  They could not be  (Cic. De Leg. ii. 24; Plin. H. N. xxi. 5.)  Garpresented but in the public assemblies, and with  lands of flowers were also placed upon the bier, or
the consent, that is by suffrage, of the people, or scattered from the windows under which the proby the senators in their council, or by the tribes  cession passed (Plin. H.l~ xxi. 7; Dionys. xi. 39),
to their own members, or by the  Vtxs&dai to mem- or entwined about the cinerary urn (Plut. Varcell.
bers of their own 3aeuos.  According to the state- 30, Degnetr. 53), or as a decoration to the tomb
ment of Aeschines, the people could not lawfully  (Plin. H. N. xxi. 3; Ovid. Trist. iii. 2. 82; Tibull.
present crowns in any place except in their as- ii. 4. 48). In Greece these crowns were commonly
sembly, nor the senators except in, the senate- made of parsley (eiLvo).  (Suidas, s. v.; Plut.
house; nor, according to the samne authority, in  Timol. 26.)
the theatre, which is, however, denied by De-    III. CORONA CONVIVIALIS. The use of chapmosthenes; nor at the public games, and if any  lets at festive entertainments sprung likewise from
crier there proclaimed the crowns he was subject Greece, and owe their origin to the practice of
to &e7rtxa.  Neither could any person holding an  tying a woollen fillet tight round the head, for the
office receive a crown whilst he was v7rredOv'os, purpose of mitigating the effects of intoxication.
that is, before he had passed his accounts.  But (Comp. Plaut. Asnphl. iii. 4. 16.)  But as luxury
crowns were sometimes presented by foreign cities increased they were made of various flowers or
to particular citizens, which were termed or-eTpcYoL shrubs, such as were supposed to prevent intoxica-,evitcOil, coronae hiospitales.  This, however, could  tion; of roses (which were the choicest), violets,
not be done until the ambassadors from those cities myrtle, ivy, phlilyra, and even parsley.  (Hor.
had obtained permission from the people, and the  Carm. ii. 7. 24, et alibi.)  The Romans were not
party for whom the honour was intended had un- allowed to wear these crowns in public, " in usu
dergone a public investigation, in which the whole  promiscuo," which was contrary to the practice of
course of his life was submitted to a strict inquiry. the Greeks, and those who attempted to do so
(Aesch. Dem. 11. cc.)                            were punished with imprisonment.  (Plin. H. N.
We now proceed to the second class of crowns, xxi. 6; compare Hor. Sat. ii. 3. 256; Val. Max.
which were emblematical and not honorary, at vi. 9. ext. 1.)
least to the person who wore them, and the adop-    IV. CORONA NUPTsALS.  The bridal wreath
tion of which was not regulated by law, but (orfipeos yafXtorov, Bion. Idyll. i. 88) was also of
custom.  Of these there were also several kinds.   Greek origin, among whom it was made of flowers
I. CORONA SACERDOTALIS, SO called by Am- plucked by the bride herself, and not bought,
mianus Marcellinus (xxix. 5. ~ 6).  It was worn  which was of ill omen.  Among the Romans it
by the priests (sacerdotes), with the exception of was made of verbena, also gathered by the bride
the pontifex Maximus and his minister (camillus), herself, and worn under theflammeunm (Festus, s. v.
as well as the bystanders, when officiating at the  Corolla) with which the bride was always ensacrifice.  It does not appear to have been confined  veloped.  (Catull. lxi. 6. 8; Cic. De Orat. iii. 58.)
to any one material, but was sometimes made of The bridegroom also wore a chaplet.  (Plaut. Cas.
olive (see the preceding woodcut; Stat. T/ieb. iii. iv. 1. 9.)  The doors of his house were likewise
466), sometimes of gold (Prudent. Inept rT-p. x. decorated with garlands (Catull. lxiv. 294; Juv.
1011; Tertull. De Idol. 18), and sometimes of the  Sat. vi. 51, 227), and also the bridal couch.
ears of corn, then termed corona spicea, which kind    V. CORONA NATALITIA, the chaplet suspended
was the most ancient one amongst the Romans  over the door of the vestibule, both in the houses
(Plin. H. N. xviii. 2), and was consecrated to  of Athens and Rome. in which a child was born.
Ceres (Hor. Carm. Sec. 30; Tibull. ii. 1. 4, i. 1. 15), (Juv. Sat. ix. 85; Meursius, Attic. Leet. iv. 10.)
before whose temples it was customarily suspended. At Athens, when the infant was male, the crown
(Tibull. i. 1. 16; compare Apul. Met. vi. p. 110. was made of olive; when female, of wool (Hesych.
Varior.)  It was likewise regarded as an emblem  s. u.'rfepavos); at Rome it was of laurel, ivy, or
of peace (Tibull. i. 10. 67), in which character it parsley (Bartholin. De Puesp. p. 127).
appears in the subjoined medal, which comme-    Besides the crowns enumerated, there were a
morates the conclusion of the civil war between  few others of specific denominations, which reAntony and D. Albinus Brutus.                    ceived their names either from the materials of
which, or the manner in which, they were composed.  These were -
I. CORONA LONGA (Cic. De Leg. 24; Ovid,
Fast. iv. 738), commonly thought to resemble
what we call festoons, and as such seem to have
c',9g/RA!LE-vW\&ffih\1} >  been chiefly used to decorate tombs, curule chairs,
W B R u3rTIE~TF'               triumphal cars, houses, &c.  But the word must
have had a more precise meaning, and was probably called lonqa from its greater size, and meant
a circular string of anything, like the "rosary"
used by the lower orders in Catholic countries to
reckon up their prayers, which in Italy is still
II. CORONA  FUNEBRIS amd SEPULCHRALIS.  called la corona, doubtless tracing its origin to the
The Greeks first set the example of crowning the  corona longa of their heathen ancestors, to which
dead with chaplets of leaves and flowers (Eur. description it answers exactly.
Phoen. 1647; Schol. ad loc.), which was imitated    II. CORONA ETRUSCA, a golden crown made to
by the Romans.  It was also provided by a law  imitate the crown of oak leaves, studded with
of the Twelve Tables, that any person who had  gems, and decorated with ribbons (lennisci) or




CORPUS JURIS CIVILIS.                            CORPUS JURIS CIVILIS.              363
ties of gold. (Plin. H. N. xxi. 4, xxxiii. 4.) Any  volumina.  The Digest was distributed into three
crown fastened with these ribbons, whether real volumina, under the respective names of DigestLm
or artificially represented, was also termed corona  Vetus, Infortiatum, and Digestum Novum.  The
lemniscata, a specimen of which is given by Caylus  fourth volume contained the first nine books of the
(Recueil d'Antiq. vol. v. pl. 57. No. 3).        Codex Repetitae Praelectionis.  The fifth volume
III. CORONA PACTILIS (Plin. H. N. xxi. 8), contained the Institutes, the Liber Authenticoruin
probably the same as the corona plectilis of Plautus  or Novellae, and the three last books of the Codex.
(Bacch. i. 1. 37), corona torta (Propert. iii. 20. 1 8, The division into five volumina appears in the
ed. Kuinoel), plea, (Aul. Gell. xviii. 2), and as  oldest editions; but the usual arrangement now is,
the orECpCVoL 7rXeKroi and  cvXALerbS (rTeqaYvos of the Institutes, Digest, the Code, and Novellane.
the Greeks.  It was made of flowers, shrubs, The name Corpus Juris Civilis was not given to
grass, ivy, wool, or any flexible material twisted  this collection by Justinian, nor by any of the
together.                                        glossatores.  Savigny asserts that the name was
IV. CORONA SUTILIS, the crown used by the  used in the twelfth century: at any rate, it beSalii at their festival. It was made in the first came common from the date of the edition of D.
instance of any kind of flowers sowed together, Gothofredus, 1604.
instead of being wreathed with their leaves and    Most editions of the Corpus also contain the folstalks; but subsequently it was confined to the  lowing matter:- Thirteen edicts of Justinian, five
rose only, the choicest leaves of which were  constitutions of Justin the younger, several constiselected from the whole flower, and sowed together tutions of Tiberius the younger, a series of constiby a skilful hand, so as to form an elegant chaplet. tutions of Justinian, Justin, and Tiberius; 11 3
(Plin. H. Nr xxi. 8.)                            Novellae of Leo, a constitution of Zeno, and a
V. CORONA TONSA or TONSILIS (Virg. Aen. number of constitutions of different emperors, under
v. 556) was made of leaves only, of the olive or the name of Bao'Aicai AmaTd4etr or Imperatoriae
laurel for instance (Serv. ad Virg. Geosrg. iii. 21), Constitutiones; the Canones Sanctorum  et veneand so called in distinction to nexilis and others, randorum Apostolorum, Libri Feudorum, a constiin which the whole branch was inserted.          tution of the emperor Frederick II., two of the
VI. CORONA RADIATA (Stat. Thleb. i. 28) was emperor Henry VII. called Extravagantes, and a
the one given to the gods and deified heroes, and  Liber de pace Constantiae.   Some editions also
assumed by some of the emperors, as a token of contain the fragments of the Twelve Tables, of the
their divinity.  It may be seen on the coins of praetorian edict, &c.
Trajan, Caligula, M. Aurelius, Valerius Probus,    The Roman law, as received in Europe, consists
Theodosius, &c., and is given in the woodcut an- only of the Corpus Juris, that is, the three compilanexed, from a medal of M. Antonius.              tions of Justinian and the Novellae which were issued after these compilations; and further, this Corpus Juris is onlyreceived within the limits and in the
form which was given to it in the school of Bologna.
Accordingly, all the Ante-Justinian law  is now
/. "._.                 Ac%~,N   excluded from  all practical application; also, the
Greek texts in the Digest, in the place of which
c.      ~)           the translations received at Bologna are substituted; and fuirther, the few unimportant restorations in the Digest, and the more important restorations in the Codex.  Of the three collections of
Novellae, that only is received which is called
Authenticum, and in the abbreviated form which
was given to it at Bologna, called the Vulgata.
But, on the other hand, there are received the
additions made to the Codex in Bologna by the
VII. The crown of vine leaves (pamnpinea) was reception of the Authentica of the Emperors
appropriated to Bacchus (Hor. Carm. iii. 25. 20, Frederick I. and II., and the still more numerous
iv. d. 33), and considered a symbol of ripeness Authentica of Irnerius.  The application of the
approaching to decay; whence the Roman knight, matter comprised within these limits of the Corpus
when he saw Claudius with such a crown upon  Juris has not been determined by the school of
his head, augured that he would not survive the  Bologna, but by the operation of other principles,
autumn.  (Tacit. Ann. xi. 4; compare Artemidor. such as the customary law of different European
i. 79.)                              [A. R.]    countries and the development of law.  Various
COROINIS (tcopwvis), the cornice of an entabla- titles of the Corpus Juris have little or no appliture, is properly a Greek word signifying anything  cation in modern times; for instance, that part of
curved (Schol. ad Aristophl. Plut. 253; Hesych. the Roman law which concerns constitutional forms
s. v.).  It is also used by Latin writers, but the  and administration.  (Savigny, System des lieut.
genuine Latin word for a cornice is cosona or coro- Ronlischen Rechts, vol. i. p. 66.)
ani. (Vitruv. v. 2, 3.)               [P. S.]      Some editions of the Corpus Juris are published
CORPORA'TI.  CORPORA'TIO.   [COL- with the glossae, and some without.  The latest
LEGIoM.]                                         edition with the glossae is that of J. Fehius, Lugd.
CORPUS.  [COLLEGIUM.]                          1627, six vols. folio.  Of the editions without the
CORPUS JURIS CIVI'LIS. The three great glossae, the most important are -that of Russardus,
compilations of Justinian, the Institutes, the Pan-  Lugd. 1560-61, folio, which was several times
dect or Digest, and the Code, together with the  reprinted; Contius, Lugd. 1571 and 1581, 15 vols.
Novellae, form one body of law, and were considered  12mo; Lud. Charondae, Antw. ap. Christ. Plantin,
as such by the glossatores, who divided it into five  1575, folio; Dionys. Gothofredi, Lugd. 1583, 4to.




364           CORWCBANTICA.                                       COSMIETAE.
of which there are various editions, one of the best of the Cretan Apollo who disputed the sovereignty
by Sim.Van Leenwen, Amst. 1 663, folio; G. Chr. of the island with Zeus.  But to which of these
Gebaueri, cura G. Aug. Spangenberg, Goetting. 1776  traditions the festival of the Corybantica owed its
-1 797, 2 vols. 4to; Schrader, 1 vol. 4to, Berlin, origin is uncertain, although the first, which was
1832, of whichonly the Institutes are yet published. current in Crete itself, seems to be best entitled
For further information on the editions of the  to the honour.  All we know of the Corybantica
Corpus Juris and its several portions, see Bbcking, is, that the person to be initiated was seated
Institutionen, p. 78, &c., and Mackeldey, LeAbuch,  on a throne, and that those who initiated him
&c. ~ 97, a, 12th ed.                [G. L]      formed a circle and danced around him.  This
CO'RREUS.  [OBLIGATIONES.]                    part of the solemnity was called rpolvc-ts or apoCORTI'NA.  1. In its primary sense, a large  vietuos. (Plato, Eullqydem. p. 277, d.; Dion Chrycircular vessel for containing liquids, and used in  sost. Orat. xii. p. 387; Proclus, Theol. Flat.
dyeing wool (Plin. HI. N. ix. 62), and receiving  vi. 13.)                             [L. S.]
oil when it first flows from the press.  (Cat. De    CORYMBUS.  CORY'MBIUM.  [COMA.]
Re Rust. 66.)  2. A  vase in which water was    CORVUS, a sort of crane, used by C. Duilius
carried round the circus during the games (Plant. against the Carthaginian fleet in the battle fought
Poen. v. 6. 12), for the use of the horses, drivers, off Mylae, in Sicilyv (n.C. 260).  The Romans, we
or attendants. See the cut on p. 284, in which two  are told, being unused to the sea, saw that their
of the children thrown down by the horses are  only chance of victory was by bringing a sea-fight
furnished with a vessel of this kind. 3. The table  to resemble one on land.  For this purpose they
or hollow slab, supported by a tripod, upon which  invented a machine, of which Polybius (i. 22) has
the priestess at Delphi sat to deliver her responses; left a minute, although not very perspicuous, deand hence the word is used for the oracle itself. scription.  In the fore part of the ship a round
(Virg. Aeon. vi. 347.)  The Romans made tables of pole was fixed perpendicularly, twenty-four feet in
marble or bronze after the pattern of the Delphian  height and about nine inches in diameter; at the
tripod, which they used as we do our sideboards, top of this was a pivot, upon which a ladder was
for the purpose of displaying their plate at an  set, thirty-six feet in length and four in breadth.
entertainment, or the valuables contained in their The ladder was guarded by cross-beams, fastened
temples, as is still done in Catholic countries upon  to the upright pole by a ring of wood, which turned
the altars.  These were termed costinaeDelphicae, with the pivot above.  Along the ladder a rope
or Delpiicae simply. (Plin.H. N. xxxiv. 8; Schol. was passed, one end of which took hold of the
ad Ieor. Sat. i. 6. 116; Mart. xii. 66. 7; Suet. corvs by means of a ring.  The corvus itself was
Auzg. 52.)  4. From the conical form of the vessel a strong piece of iron, with a spike at the end,
which contains the first notion of the word, it which was raised or lowered by drawing in or
came also to signify the vaulted part of a theatre  letting out the rope.  When an enemy's ship
over the stage (sagni cortina tlMeatsi, Sever. in  drew near, the machine was turned outwards, by
Aetn. 294), such as is in the Odeium of Pericles, means of the pivot, in the direction of the assailthe shape of which we are expressly told was ant. Another part of the machine which Polybius
made to imitate the tent of Xerxes (Paus. i. 20. has not clearly described is abreastwork, let down
~ 3; Plut. Pericl. 13); and thence metaphorically  (as it would seem) from the ladder, and serving
for anything which bore the appearance of a dome, as a bridge, on which to board the enemy's vessel.
as the vault of heaven (Ennius, ao. Vat. De Ling. (Compare Curtius, iv. 2. 4.)  By means of these
Lat. viii. 48, ed. MUller); or of a circle, as a  cranes the Carthaginian ships were either broken
group of listeners surrounding any object of at- or closely locked with the Roman, and Duilius
traction.  (Tacit. De Orat. 19.)     [A. R.]    gained a complete victory.
CORYBANTES (KcopeuaVrEs).  The history    The word co'rvus is also applied to various kinds
and explanation of the deities bearing this name, of grappling-hooks, such as the corvus demnolitor,
in the early mythology of Greece, cannot be given  mentioned by Vitruvius (x. 19) for pulling down
in this place, as it would lead us to enter into his- w alls, or the terrible engine spoken of by Tacitus
torical and  mythological questions beyond the  (l-ist. iv. 30), which being fixed on the walls of a
limits of this Dictionary. The Coryhantes, of whom  fortified place, and suddenly let down, carried off
we have to speak here, were the ministers or priests  one of the besieging party, and then by a turn of
of Rhea or Cybele, the great mother of the gods, the machine put him down within the walls.  The
who was worshipped in Phrygia. In their solemn  word is used by Celsus for a scalpel.  It is hardly
festivals they displayed the most extravagant fury  necessary to remark that all these meanings have
in their dances in armour, as well as in the ac- their origin in the supposed resemblance of the
companying music of flutes, cymbals and drums. various instruments to the beak of a raven. [B.J.]
(Strab. x. p. 470.) Hence Copv rraeyl4s was the    CORY'TOS.  [AncUS, p. 126, a.],
name given to an imaginary disease, in which per-    COSME'TAE, a class of slaves among the Rosons felt as if some great noise was rattling in their mans, whose duty it was to dress and adorn ladies.
ears.  (Plato, Crito, p. 54. d., with Stallbauns's  (Juv. Sat. vi. 476.)  Some writers on antiquities,
note.)                                [L. S.]   and among them  Bbttiger in his Sabina (i. 22)
CORYBA'NTICA  (tcopegavrlrc), a festival have supposed that the cosmetae were female
and mysteries celebrated at Cnossus in Crete, in  slaves, but the passage of Juvenal is alone sufficonmemoration of one Corybas (Strab. x. p. 470.), cient to refute this opinion; for it wvas not cuswvso, in common with the Ciretes, brought up Zeus tomary for female slaves to take off their tunics
and concealed him from his father Crones in that  vhen a punishment was to be inflicted upon them.
island.  Other accounts say that the Corybantes, There was, indeed, a class of female slaves who
nine in number, independent of the Curetes, saved  were employed for the same purposes as the cosIand educated Zeus; a third legend (Cic. De Nat. metae; but they were called cosmetriae, a name
Deor. iii. 23) states that Corybas was the father I which Naevius chose as the title for one of Iis




COSMI.                                               COSMI.                    365
comedies.  (See  Heindorf, ad  Horalt.  Sot. i. to any fixed code of laws.  They are also said to
2. 98.)                                  [L. S.]    have been irresponsible, which, however, hardly
COSME'TES  (KooayrTs), an officer in the  implies that they were independent of the " unAthenian Gymnasia in the time of the Romans.  written law " of custom and usage, or uninfluenced
[GsrMNAsmuA.]                                        by any fixed principles.  (Thirlwall, Hist. Greece,
COSMI (KiColOI), the  chief magistrates  of vol. i. p. 186,)  On important occasions, as we have
Crete.  It is proposed under this head to give a  before remarked, they were ~5tzeovAot, or councilbrief account of the Cretan constitution.            lors of the cosmi.
The social and political institutions of Crete       The democratic element of the Ecclesia was alwere so completely Dorian in character, and so  most powerless in the constitution; its privileges,
similar to the Spartan, that it was a disputed point too, seem  to have been merely a matter of form;
amongst the ancients whether the Spartan consti- for, as Aristotle observes, it exercised no function
tution had its origin there, or the Cretan was trans-  of government, except ratifying the decrees of the
ferred from Laconia to Crete. The historian Ephorus   e'povres and the Kicuoi.  It is, indeed, not im((up. Strab. x. p. 482) expressly states that the  probable that it was only summoned to give its
Spartan institutions had their origin in Crete, but  sanction to these decrees; and though this may
were perfected and completed in Sparta; so that  appear to imply the power of withholding assent,
there is good reason for the assertion of MUller  still the force of habit and custom would prevent
(Dorians, iii. i. ~ 8), " that the constitution  such an alternative being attempted, or, perhaps,
founded on the principles of the Doric race, was  even thought of. (Thirlwall, vol. i. p. 286; Gittthere first moulded into a consistent shape, but ling, Excursus ad Aristot. ii. 7.)
even in a more simple and antiquated form than         From  these observations, it is clear that the
in Sparta at a subsequent period."  Thus much, at Cretan constitution was formerly a Dorian aristoany rate, we know  for certain, that there were  cracy, which, in the age of Aristotle, had dclegenevarions Dorian cities in the island, the political rated to what he calls a  vvao'reia, i. e. a governarrangements of which so closely resembled each  ment vested in a few privileged families.  These
other, that one form of government was ascribed to  quarrelled one amongst the other, and raised facall.  (Thirlwall, Hist. Greece, vol. i. p. 284.)  In  tions or parties, in which the demus joined, so that
the earliest ages of which we have historical in-  the constitution was frequently broken up, and a
formation, this was an aristocracy consisting of three  temporary monarchy, or rather anarchy, established
component bodies, the Cosmei, the Gerusia  (yepov-  on its ruins.  The cosmi were, in fact, often derlia), and the Ecclesia (eKKcXAsIia).  The cosmi posed by the most powerful citizens, when the
were ten in number, and are by Aristotle (Pol. ii. latter wished to impede the  course of justice
7), Ephorus (uap. Strab. 1. c.), and Cicero (de Rep.  against themselves  (yi  aovspar  baKas), and  an
ii. 33) compared tothe ephors of Sparta.  Miiller, &aolsuia then ensued, without any legal magishowever (iii. 8. ~ 1) compares them with the Spartan  trates at the head of the state.
kings, and supposes thein to have succeeded to the      In the time of Polybius, the power of the arisfunctions of the kingly office; which Aristotle  tocracy had been completely overthrown; for he
(probably alluding to the age of Mineos) tells us  tells us that the election of the magistrates Was
was at one time established in Crete. These cosmi annual, and determined by democratical principles.
were ten in number, and chosen not from the body  (Polyb. vi. 44.)  In other respects also, he points
of the people, blut from  certain'yErs or houses,  out a difference between the institutions of Crete
which were probably of more pure Dotic or Achaian  and those of Lyeurgus at Sparta, to which they
descent than their neighbours.  The first of them   had been compared by other writers.
in rank was called Protocosmezus, and gave his name    Miiller observes that the cosmi were, so far as
to the year.  They commanded in war, and also  we know, the chief magistrates in all the cities of
conducted the business of the state with the repre-  Crete, and that the constituttion of these cities Was
sentatives and ambassadors of other cities.  With  in all essential points the same —a proof that their
respect to the domestic government of the state,  political institutions were determined by the printhey appear to have exercised a joint authority  ciples of the governing, i. e. the Doric race.
with the mniembets of the gerusia, as they are said    The social relations of the Cretans seem to have
to have consulted with them on the most important  been almost identical with those of the Spartans.
matters.  (Ephor. 1. c.)  In the times subseqiient    The inhabitants of the Dorian part of the island
to the age of Alexander, they also performed cer-  were divided into three classes, the freemen, the
tain duties which bore a resemblance to the intro-  perioeci or 67riKooL, and the slaves.  The second
duction of the lawsuits into court, by the Athenian  class was as old as the time of Minos, and was
magistrates.  (Miillef, 1. e.)  Their period of office  undoubtedly composed of the descendants of the
was a year; but any of them  during that time  conquered population; they lived in the rural dism;ght resign, and was also liaible tb deposition by  tricts, round the iro'iAs of the conquerors; and,
his colleagues.  In some cases, too, they might be  though personally free, yet exercised none of the
indicted for neglect of their duties.  On the whole,  privileges or influence of citizens, either in the
we may conclude that they fdrmed the executive  administration and enactment of the laws, or the
and chief power in most of the cities of Crete.      use of heavy arms.  They occupied certain lands,
The Gertusia, or council of elders, called by the  for which they paid a yearly tributte or rent, supi'cethns Boilde, consisted, according to Aristotle  posed, from a statement in Athenaeus (iv. p. 143),
(Pli/. ii. 7)j of thirty members who had formerly  to have been an Aeginetic stater.
been cormi, and were in other respects approved of
(ra &XX&  &dKcLOL KpLd1eEVOLr, Ephor. 1. c.). They     * The  expression  of Dosiadas, T's  8aoir',
retained their office for life, and are said to have  EKaoros, probably refers to the perioeci, 5o0AoL
decided in all matters that caire before them, ac-  being used as a generic term  for those who were
cording to their own jtdginent, and not agreeably  not full and free citizens.




366            COT1HURNUS.                                        COTTABOS.
The slaves were divided into two classes, the  ceamentum, and had the soles made unusually
public bondsmen (i7 Kotvi 0ovxela), and the slaves  thick, as one of the methods adopted in order to
of individuals.  The former were called the /xvcva, magnify their whole appearance. (Virg. Ecl. viii.
tz'oia, uvwTa, or Mwvooa o-',o.os: the latter, &pa-  10  Hor. Sat. i. 5. 64; fArs Po;et. 280.)  Hence
fA(cTraL, or KIapciTal.  The a&paetATlra,  were so  tragedy in general was called cothturnus. (Ov.
nained from the cultivation of the lots of land, or Trist. ii. 1. 393; Juv. vi. 633, xv. 29.)
cpaouiaL, assigned to private citizens, and were    As the cothurnus was commonly worn in hunttherefore agricultural bondsmen (o  KaaT' a&ypo', ing, it is represented both by poets and statuaries
Athen. vi. p. 263). The lu'ola was distinguished, as part of the costume of Diana.  It was also
by more precise writers, both from the perioeci attributed to Bacchus (Vell. Pitt. ii. 82), and to
and the aphamiotae; so that it has been concluded  Mercury (Hamilton's Vases, vol. iii. pl. 8).  The
that every state in Crete possessed a public do- preceding woodcut shows two cothurni from stamain, cultivated by the mnotae, just as the private  tues in the Museo  Pio-Clementino (vol. ii. pl. 15,
allotments were by the bondsmen of the individual and vol. iii. pl. 38).               [J. Y.]
proprietors.  The word'uvola, as Thirlwall has    CO'TTABOS (Ionic, kdo-agos or'-r'rafos), a
remarked, is more probably connected with alUcs social game which was introduced from Sicily into
than Minos.                                      Greece (Athen. xv. p. 666), where it became one
The origin of the class called pzvoia, and the  of the favourite amusements of young people after
KceapTra,, was probably twofold; for the analogy  their repasts.  The simplest way in which it oriof other cases would lead us to suppose that they  ginally was played was this: — One of the comconsisted partly of the slaves of the conquered  pany threw out of a goblet a certain quantity of
freemen of the country, and partly of such freemen  pure wine, at a certain distance, into a metal basin,
as rose against the conquerors, and were by them  endeavouring to perform  this exploit in such a
reduced to bondage. But besides these, there was manner as not to spill any of the wine. While he
also a class of household servants employed in  was doing this, he either thought of or pronounced
menial labours, and called XpvUcr'ToL: they were, the name of his mistress (Etypool. Mlleag. s. v.
as their name denotes, purchased, and imported  KorTariCw), and from the more or less full and
from foreign countries.             [R. W.]    pure sound with which the wine struck against the
COTHURNUS (icdOopvos), a boot.  Its essen- metal basin, the lover drew his conclusions respecttial distinction was its height; it rose above the  ing the attachment of the object of his love.  The
middle of the leg, so as to surround the calf (alte  sound, as well as the wine by which it was prosuras vincire cothurno, Virg. Aenz. i. 337), and  duced, were called Xcrae or cdrTra~os: the metal
sometimes it reached as high as the knees. (Millin, basinI had various names, either tcorTraCLov, or icoTVases Ant. vol. i. pl. 20 and 72.)  It was worn  raCe7ov, or XaTaryaeov, or XdAKreLoV, or XAecdv',
principally by horsemen, hunters, and by men of or aoa'idl7. (Pollux, vi. 109; Etymzol. May. 1. c.;
rank and authority.  The ancient marbles, repre- Athen. xv. p. 667. sub fin.)  The action of throwsenting these different characters, show that the  ing the wine, and sometimes the goblet itself, was
cothurnus was often ornamented in a very tasteful called a&yic6Ar because the persons engaged in the
and elaborate manner.  The boots of the ancients game turned round the right hand with great
were laced in front, and it was the object in so  dexterity, on which they prided themselves. Hence
doing to make them fit the leg as closely as pos- Aeschylus spoke of KTTaeoL aYKY vAXroi. (Athen.
sible.  It is evident from the various represent- xv. p. 667.)  Thus the cottabus, in its simplest
ations of the cothurnus in ancient statues, that its  form, was nothing but one of the many methods
sole was commonly of the ordinary thickness. But by which lovers tried to discover whether their
it was sometimes made much thicker than usual, love was returned or not.  But this simple amuseprobably by the insertion of slices of cork. (Serv. ment gradually assumed a variety of different chain Viry. Eel. 11. cc.) The object was to add to the  racters, and becamre, in some instances, a regular
apparent stature of the wearer; and this was done  contest, with prizes for the victor.  One of the
either in the case of women who were not so tall most celebrated modes in which it was carried on
as they wished to appear (Juv. Sat. vi. 507), or of is described by Athenaeus (1. c.) and in the Etyrnol.
the actors in Athenian tragedy, who assumed the  Alag., and was called 8? 4tvia)pcwv. A basin was
cothurnus as a grand and dignified species of cal- filled with water, with small empty bowls swim.
ming upon it. Into these the young men, one after
another, threw the remnant of the wine from their
goblets, and he who had the good fortune to drown
most of the bowls obtained the prize (icor-rcdov),
consisting either of simple cakes, sweet-meats, or
sesame-cakes.
A third and more complicated form of the cottabus is thus described by Suidas (s. v. KorTaeicl).
— A  long piece of wood being erected on the
ground, another was placed upon it in an horizontal direction, with two dishes hanging down
from each end; underneath each dish a vessel full
of water was placed, in each of which stood a gilt
brazen statue, called 1yaesr.  Every one who took
part in the game stood at a distance, holding a cup
fhll of wine, which he endeavoured to throw into
one of the dishes, in order that, struck down by
the weight, it might knock against the head of the
statue which was concealed under the water.  He




COTYTTIA.                                         CRATER.                   367
who spilled least of the wine gained the victory, mercial interest to maintain friendly relations with
and thereby knew that he was loved by his mis- Thrace.  Among these Corinth is expressly mentress.  (See Schol. ad Lucian. Lexiph. 3. vol. ii. tioned by Suidas, and Strabo (x. p. 471) seems
p. 325.)                                         to suggest that the worship of Cotys was adopted
A  fourth kind of cottabus, which was called  by the Athenians, who, as he observes, were as
Kcr''aros   KaSaKTs s (&nrb roV KaLa'er-YEw  rby Kd- hospitable to foreign gods as they were to foreigners'arov), is described by Pollux (vi. 109), the  in general.  (Compare Juven. Sat. ii. 92.)  The
Scholiast on Aristophanes (Pax, 1172), and Athe- priests of the goddess were formerly supposed to
naeus (xv. p. 667).  The so-called ydv-rs was  have borne the name of baptae; but Buttmann
placed upon a pillar similar to a candelabrum, and  has shown that this opinion is utterly groundless.
the dish hanging over it must, by means of wine  Her festivals were notorious among the ancients
projected from the goblet, be thrown upon it, and  for the dissolute manner and the debaucheries with
thence fall into a basin filled with water, which  which they were celebrated. (Suidas, s. v. Kds7rs;'
from this fall gave forth a sound; and he who pro- Horat. Epod. xvii. 56; Theocrit. vi. 40.) Another
duced the strongest was the victor, and received  festival of the same name was celebrated in Sicily
prizes, consisting of eggs, cakes, and sweetmeats.   (Plut. Proverb.), where boughs hung with cakes
This brief description of four various forms of and fruit were carried about, which any person
the cottabus may be sufficient to show the general had a right to pluck off if he chose; but we have
character of this game; and it is only necessary to  no mention that this festival was polluted with any
add, that the chief object to be accomplished in  of the licentious practices which disgraced those 6f
all the various modifications of the cottabus was to  Thrace and Greece, unless we refer the allusion
throw the wine out of the goblet in such a manner made by Theocritus to the Cotyttia, to the Sicilianl
that it should remain together and nothing be  festival.  (Compare Buttmann's essay, Ueber die
spilled, and that it should produce the purest and  IKotyttia und die Baptce, in his Mythologus, vol. ii.
strongest possible sound in the place where it was p. 159;  Lobeck, Aglaopyh.  pp. 627, 1007,
thrown.  In Sicily, the popularity of this game  &c.)                                  [L. S.]
was so great, that houses were built for the especial    COVINAIRIT.  [CoviNuS.]
purpose of playing the cottabus in them.  Those    COVI'NUS (Celtic, kowain), a kind of car, the
readers who wish to become fully acquainted with  spokes of which were armed with long sickles, and
all the various forms of this game, may consult which was used as a scythe-chariot chiefly by the
Athenaeus (xv. p. 666, &c.), the Greek Lexico- ancient Belgians and Britons. (Mela, iii. 6; Lucan,
graphers, and, above all, Groddeck (Ueber den  i. 426; Silius, xvii. 422.) The Romans designated,
K~ottabos der Griechen, in his Antiquarsische Ver- by the name of covinus, a kind of travelling carsuche, i. Sammnlung, 1800, pp. 163-238), who has  riage, which seems to have been covered on all
collected and described nine different forms in  sides with the exception of the front.  It had no
which it was played. Becker (C6harikles, i. p. 476, seat for a driver, but was conducted by the travel&c.) is of opinion that all of them were but modi- ler himself, who sat inside.  (Mart. Epig. ii. 24.)
fications of two principal forms, (Compare also Fr. There must have been a great similarity between
Jacobs, Ueber den Kottabos in Wieland's Attisches the Belgian scythe-chariot and the Roman travelAlluseum, iii. 1. pp. 475-496.)       [L. S.]   ling carriage, as the name of the one was transferred
CO'TYLA (soIsriAM) was a measure of capacity  to the other, and we may justly conclude that the
among the Romans and Greeks: by the former it Belgian car was likewise covered on all sides, exwas also called hemoina; by the latter, T'pvufov and  cept the front, and that it was occupied by one
igzuva or 771Aluva.  It was the half of the sextarius  man, the covinarius only, who was, by the strucor e'o-rls, and contained 6 cyathi, or nearly half a  ture of his car, sufficiently protected.  The covipint English.                                    narii (the word occurs only in Tacitus) seem to
This measure was used by physicians with a  have constituted a regular and distinct part of a
graduated scale marked on it, like our own chemi- British army. (Tacit. Agr. 35 and 36, with M. J.
cal measures, for measuring out given weights of H. Becker's note; Bitticher's Lexicon Tacit. s. v.;
fluids, especially oil. A vessel of horn, of a cubic  Becker, Gallus, vol. i. p. 222; compare the article
or cylindrical shape, of the capacity of a cotyla, ESSEDUM.)                           [L. S.]
was divided into twelve equal parts by lines cut    CRATER (KpaT'rp: Ionic, cp'rTp~: Lat. crater
on its side, The whole vessel was called litra, and  or cratera; from  Rcepa'vuVuL, I mix), a vessel in
each of the parts an ounce (uncia).  This measure  which the wine, according to the custom  of the
held nine ounces (by weight) of oil, so that the  ancients, who very seldom  drank it pure, was
ratio of the weight of the oil to the number of mixed with water, and from which the cups were
ounces it occupied in the measure would be 9: 12  filled.  In the Homeric age the mixture was alor 3: 4. (Galenus, De Compos. Medicam. per  ways made in the dining-room by heralds or young
Genera, ill. 3, i. 16, 17, iv. 14, v. 3, 6, vi. 6, 8; men (KOgpoLt see II. iii. p. 269, Od. vii. 182, xxi.
Wurm, De Pond. Mens. &c; Hussey, Onz Ancient 271).  The use of the vessel is sufficiently clear
Weiyhts,  &c.)                        [P. S.]   from the expressions so frequent in the poems of
COTY'TTIA or COTTYTES (co'rtrtra, KdT- Homer: KpnT'pa cepceatreaO, i. e. ovov Kal c'8wp
rVTes), a festival which was originally celebrated  E Kpirv P p dtEz'V:  irrs'ELV Kfp/T'pa (to empty the
by the Edonians of Thrace, in honour of a goddess  crater); Kpy7rijpa'iao-O0aO (cratera statueae, to
called Cotys or Cotytto. (Strab. x. p. 470; Eupolis, place the filled crater near the table); KpT,'Sas
apud Hesych. s, b.; Suidas.) It was held at night, e7rtrTpeeaEO   7rroTo0 o (to fill the craters to the
and, according to Strabo, resembled the festivals  brim, see Bilttmann, Lexil. i. 15).  The crater in
of the Cabeiri and the Phrygian Cybele,  But the  the Homeric age was generally of silver (Od. ix.
worship of Cotys, together with the festival of the  203, x. 356), sometimes with a gold edge (Od.
Cotyttia, was adopted by several Greek states, iv. 616), and sometimes all gold or gilt. (II. xxiii.
chiefly those which were induced by their com- 219.)  It stood upon a tripod, and its ordinary




3868               CRATER.                                            CRIMEN.
place in the te'yapov was in the most honourable  cups from  a crater, and pour it into the sea.
part of the room, at the farthest end from the en-  (Thucyd. vi. 32; Diodor. iii. 3; Arrian, Anab.
trance, and near the seat of the most distinguished  vi. 3; Virg. Aen. v. 765.)  The name crater was
among the guests. (Od. xxi. 145, xxii. 333, com- also sometimes used as synonymous with TerMTov,
pared with 341.)  The size of the crater seems to  situla, a pail in which water was fetched.  (Naev.
have varied according to the number of guests;  pzpud Non. xv. 36; Hesych. s.. Kpavrpes.)
for where their number is increased, a larger crater    The Romans used their crater or craterac for the
is asked for.  (11. ix. 2020)  It would seem, at samne purposes for which it was used in Greece;
least at a later period (for in the Homeric poems  but the most elegant specimens were, like most
we find no traces of the custom), that three craters  other works of art, made by Greeks. (Virg. Aen. i.
were filled at every feast after the tables were re-  727, iii. 525; Ovid, Fast. v. 522; Hor. Carn.
mnoved.  They must, of course, have varied in size  iii. 18. 7.)                           [L. S.]
according to the number of guests, According to    CRATES  (,racpaos), a hurdle, used  by the
Suidas (s. v. Kpaerp) the first was dedicated to  ancients for several purposes.  First, in war, espeHermes, the second to Charisius, and the third to  cially in assaulting a city or camp, they were placed
Zeus Soter; blut others called them  by different before or over the head of the soldier to shield off
names; thus the first, or, according to others, the  the enemy's missiles. (Amm. Marc. xxi. 12.) From
last, was also designated the tcpaTr7p &?yaoe 5ai- the pluztei, which were employed in the same way,.uovos, the crater of the good genius (Suidas s. v. they differed only in being without the covering of
A.yaOoD Aaial.ovos: compare Athen. xv. p. 692, raw hides.  A lighter kind was thrown down to
&c.; Aristoph. Vesp. 507, Pax, 300), KcpaTip make a bridge over fosses, for examples of which
v-yLelas and  se'av,7rTrpls or  eA-rcyv7rrpeov, because  see Caesar, B. G. vii. 81, 86.  By the besieged
it was the crater from which the cups were filled  (Veget. iv. 6) they were used joined together so
after the washing of the hands. (Athen. xv. p. 629, as to form what Vegetius calls a metella, and filled
f. &c.)                                            with stones: these were then poised between two
Craters were among the first things on the em- of the battlements; and as the storming party
bellishment of which the ancient artists exercised  approached upon the ladders, overturned on their
their skill.  Homer (I1. xxiii. 741, &c.) mentions, heads.
among the prizes proposed by Achilles, a beauti-    A capital punishment was called by this name,
fully wrought silver crater, the work of the ingeni- whence the phrase sub crate necari.  The criminal
ous Sidonians, which, by the elegance of its work-  was thrown into a pit or well, and hurdles laid.nanship, excelled all others on the whole earth. upon him, over which stones were afterwards
In the reign of Croesus, king of Lydia, the Lace- heaped.  (Liv. i. 51, iv. 50; Tacit. Cermanz. 12.)
daemonians sent to that king a brazen crater, the    Crates called ficariace were used by the country
border of which was all over ornamented with  people upon which to dry figs, grapes, &c., in the
figures (Ccoita), and which was of such an enor- rays of the sun.  (Colum. xii. 15, 16.)  These, as
mous size that it contained 300 amphorae. (Herod. Columella informs us, were made of sedge or
i. 70.)  Croesus himself dedicated to the Delphic  straw, and also employed as a sort of matting to
god two huge craters, which the Delphians believed  screen the fruit from the weather.  Virgil (Georg.
to be the work of Theodorus of Samos, and Hero- i. 94) recommends the use of hurdles in agriculture
dotus (i. 51) was induced by the beauty of their to level the ground after it has been turned up
workmanship to think the same.  It was about with the heavy rake (rastrum7).  Any texture of
01. 35, that the Samians dedicated six talents (the  rods or twigs seems to have been called by the
tenth of the profits made by Colaeus on his voyage  general name crates.                   [B. J.]
to Tartessus) to Hera, in the shape of an immense    CRE'PIDA  ( p-1orlis), a slipper. Slippers were
brazen crater, the border of which was adorned  worn with the pallium, not with the toga, and
vith projecting heads of griffins. This crater, which  were properly characteristic of the Greeks, though
HIerodotus (iv. 152) calls Argive (from which we  adopted from them by the Romans.  Hence Suemust infer that the Argive artists were celebrated  tonius says of the Emperor Tiberius (c. 13), Depofor their craters), was supported by three colossal siteo patrio iabitu redegit se cad pallium et crepidas.
brazen statues, seven cubits long, with their knees  As the cothlurnus was assumed by tragedians, beclosed together.                                   cause it was adapted to be part of a grand and
The number of craters dedicated in temples  stately attire, the actors of comedy, on the other
seems everywhere to have been very great. Livius  hand, wore crepidae and other cheap and common
Andronicus, in his Equus Trojanusi represented  coverings for the feet. [BAXEA; Soccus.]  Also
Agamemnon returning from Troy with no less than  whereas the ancients had their more finished boots
3000 craters (Cic. ad Famn. vii. 1), and Cicero  and shoes made right and left, their slippers, on
(in Verr. iv. 58) says that Verres carried away  the other hand, were made to fit both feet indif.
from Syracuse the most beautiful brazen craters, ferently.  [Isid. Orig. ix. 34.)         [J. Y.]
which most probably belonged to the various tem-    CREPITA'CULUM.  [SiSTRUM.]
ples of that city.  But craters were not only de-    CRE'TIO  HEREDITA'TIS.  [HERES.]
dicated to the gods as anathemata, but were used    CRIMEN.  Though this word occurs so freon various solemn occasions in their service. Thus  quently, it is not easy to fix its meaning.  Crimen
we read in Theocritus (v. 53, compare Virgil, is often equivalent to accusatio (Ka'T-ryopia); but it
Eclog. v. 67): —"I shall offer to the Muses a crater frequently means an act which is legally punishfull of fresh milk and sweet olive-oil."  In sacri- able.  In this latter sense there seems to be no
fices the libation was always taken from a crater exact definition of it by the Roman jurists, Ac(Demosth. De Fals. Legat. p. 431, c. Lept. p. 505, cording to some modern writers, crimina are either
c. Mid. p. 531, c. Macart. p. 1072; compare Bekk. public or private; but we have still to determine
Aneccdot. p. 274. 4), and sailors before they set out the notions of public and private.  There was a
on their journey used to take the libation with  want of precise terminology as to what, in common




CRI tEN.:                       CROCOTA.                   369
language, are celled criminal offences amolg the  subjects of judicia privata, in which pecuniary coomRomans; and this defect appears in other systems  pensation was awarded to the injured party.  At a
of jurisprttdence. Crimen has been also defined by  later period we find a class of crimina extraormodern writers to be that which is capitalis, as  dinaria (Dig. 47. tit. 11), which are somewhat
murder, &c.; delictum, that which is a private  vaguely defined.  They are offences which in the
injury (privata noxa); a distinction founded ap-  earlier law  would have been the foundation of
parently on Dig. 21. tit. 1. s. 17. ~ 15.          actions, but were assimilated, as to their punishDelicts (delicta) were maleficia, wrongful acts  ment, to crimina publici judicii.  This new class
(Dig. 47. tit. 1. s. 3), and the foundation of one  of crimina (new as to the form of judicial proceedclass of obligationes: these delicts, as enumerated  ings) must have arisen from a growing opinion of
by Gains (iii. 182), are furtmul, rapina, danlmum, the propriety of not limiting punishment, in certain
injuriae; they gave a right of actionto the indi-  cases, to compensation to the party injured.  The
vidual injured, and intitled him  to compensation.  person who inquired judicially extra ordinem, might
These delicts were sometimes called crimina (cri- affix what punishment he pleased, within reasonmen furti, Gaius, iii. 197).  Crimen therefore is  able limits.  (Dig. 48. tit. 19. s. 13.)  Thus, if a
sometimes applied to that class of delicta called  person intended to prosecute his action, which
privata (Dig. 47. tit. 1. De Privatis Delictis); and  was founded on maleficium  (delict), for pecuniary
accordingly crimen may be viewed as a genus, compensation, he followed the jus ordinarium; but
of which the delicta enumerated by Gaius are a  if he wished to punish the offender otherwise (extra
species.  But crimen and delictum  are sometimes  ordinem ejus rei poenam exerceri (e?) velit), then he
used as synonymous. (Dig. 48. tit. 19. s. 1.)  In  took criminal proceedings, "subscripsit in crimen."
one passage (Dig. 48. tit. 19. s. 5) we read of  (Dig. 47. tit. 1. s. 3.)
majora delicta (a term  implying that these are    The forty-seventh book of the Digest treats first
minora delicta), which expression is coupled with  of delicta privata properly so called (Tit. 1 —10),
the expression omnia crimina in such a way that and then of extraordinaria crimina.  The fortythe inference of crimen containing delictum is, so  eighth book treats of crimina, and the first title is
far as concerns this passage, necessary; for the  De Publicis Judiciis. Compensation might be deomnia crimina comprehend (in this passage) more  manded by the heredes of the injured person, and
than the delicta majora..of the heredes of the wrong-doer; but the heredes
Some judicia publica were capitalia, and some  of the wrong-doer were not liable to a penal action
were not. (Dig. 48. tit. 1. s. 2.)  Judicia, which  (poenalis actio, Dig. 47. tit. 1. s. 1).  Compensaconcerned crimina, were not, for that reason only, tion could be sued for by the party injured: a
publica.  There were, therefore, crimina which  penalty, which was not a direct benefit to the inwere not tried in judicia publica.  This is con- jured party, was sued for by the state, or by those
sistent with what is stated above as to those cri- to whom the power of prosecution was given, as in
mina (delicta) which were the subject of actions. the case of the lex Julia de adulteriis, &c.  In
Those crimina only were the subject of judicia  the case of delicta publica, the intention of the
publica, which were mTade so by special laws; such  doer was the main thing to be considered: the
as the Julia de adulteriis, Cornelia de sicariis et act, if done, was not for that reason only punished;
veneficis, Pompeia de parricidiis, Julia peculatus, nor if it remained incomplete, was it for that reaCornelia de testamentis, Julia de vi privata, Julia  son only unpunished.  In the case of delicta pride vi publica, Julia de anmbitu, Julia repetundarum, vata, the injury, if done, was always compensated,
Julia'de annona. (Dig. 48. tit. 1. s. 1.) So far as  even if it was merely culpa.          [G. L.]
Cicero (De Oract. ii. 25) enumerates causae crimi-    CRINIS.  [CoMxA.]
num, they were causae publici judicii; but he adds    CRISTA.  [GALEA.]
(ii. 31), "criminum est multitude infinita." Again,    CRITAE  (Kprtait), judges.  This name was
intamia was not the consequence of every crimen, applied by the Greeks to any person who did not
but only of those criniina which were "c publici judge of a thing like a &Kat7r's, according to
judicii."  A condemnation, therefore, for a crimen, positive laws, but according to his own sense of
not publici judicii, was not followed by infamia, justice and equity.  (Herod. iii. 160; Demosth.
unless the crimen laid the foundation of an actio,  Olyentl. i. p. 17, c. Mklid. p. 520.)  But at Athens
in which, even in the case of a privatum judicium, a number of IcpTrai was chosen by ballot from a
the condemnation was followed by infimia; as  number of selected candidates at every celebration
furturn, rapina, injuriae. (Dig. 48. tit. 1. s. 7.)    of the Dionysia, and were called o  o Kprrat', IcaT'
Most modern writers on Roman law have con-  dEoX;v.  Their office was to judge of the merit of
sidered delicta as the general term, which they  the different choruses and dramatic poems, and to
have subdivided into delicta publica and privata.  award the prizes to the victors.  (Isocr. Trapoez.
The division of delicta into publica and privata  p. 365, c. with Coraes' note.)  Their number is
had partly its origin in the opinion generally enter-  stated by Suidas (s. v.'Em 7rEm're Kpt7OOV -Oyva-')
tained of the nature of the delict; but the legal to have been five for comedies, and G. Hermann
distinction must be derived from a consideration of has supposed, with great probability,, that there
the form of obtaining redress for, or punishing, the  were on the whole tell cpLraf, five for comedy, and
wrong.  Those delicta which were punishable ac- the same number for tragedy, one being taken
cording to special leges, senatus-consulta, and con-  from every tribe. The expression in Aristophanes
stitutiones, and were prosecuted in judicia publica  (Av. 421), Pm'ra, Frano-, TOs KpT-raes, signifies to
by an accusatio publica, were more especially called  gain the victory by the unanimous consent of the
crimina; and the penalties, in case of conviction, five judges.  For the complete literature of this
were loss of life, of freedom, of civitas, and the con-  subject, see K. F. HIermanan's Manual of tihe Pol.
sequent infamia, and sometimes pecuniary penalties  Ant. of Geece, ~ 149. n. 13.          [L. S.]
also. Those delicta not provided for as above men-    CRO'BYLUS.  [CorA.]
tioned, were prosecuted by action, and were the      CROCO'TA  (sc. Vestis; IopostWoorv sc. 4oeto;'
B B




30 o-           CROTALUI.                                            CRUX.
or cpo;CTrbs se. Xrc'/v), was a kind of gala dress, 43), represents one of these crotalistriae performchiefly worn by women on solemn occasilns, and  ing.
in Greece especially, at the festival of the Dionysia.
(Aristoph. Ran. 46, with  the Sciol. Lysistr.
44; Pollux, iv. 18. 117.)  It was also worn by
the priest of Cybele (Apul. Met. 8 and 11;
Virg. Aen. ix. 614), and sometimes by men of
effeminate character.  (Aristoph. Tklesmoph. 253 /;
Suidas, s. v.; Plaut. and Naevius, ap. Noniurm,
xiv. 8. and xvi. 4; Cic. Harusp. Resp. 21.)  It
is evident from  the passage of Virgil, that its \/
name was derived from crocus, one of the favourite
colours of the Greek ladies, as we still see in the
pictures discovered at Herculaneum and Pompeii.   _ _ -
The circumstance that dresses of this colour were.            ////}. 
in Latin commn uly called vestes crocatae or cro-    f 
ceae, has induced some writers on antiquities to
suppose that crocota was derived from  mppoic
(woof or weft), or icpoclgs (a flake of wool or cotton    The word CKpOTaXov  is often applied, by an easy
on the surface of the cloth), so that it would be a  metaphor, to a noisy talkative person.  (Aristoph.
soft and woolly kind of dress.  (Salinas. ad Ca- Neu. 448; Eurip. Cycl. 104.)         [B. J.]
pitolin. Pertinac. 8. t. 1. p. 547, and ad Tertzll. De    CRUSTA.  [CAELATURA; CHRYSENDETA;
P(dl. p. 329.)  But the passages above referred to  EMBLEMATA.]
are sufficient to refute this opinion, and the name    CRUX (a-ravpds, oc'cJNoo'), an instrument of
crocota was, like mainy others, adopted by the  capital punishment, used by several ancient nations,
Rolnans from  the Greeks.  (Compare Becker's  especially the Romans and Carthaginians.  The
Cltarikles, vol. ii. p. 351, &c.)     [L. S.]    words o-ravp/o  and owcoAhoriSC are also applied to
CRO'NIA  (cpdovia), a festival celebrated at Persian and Egyptian punishments, but Casaubon
Athens in honour of Crones, whose worship was (Exer. Antibaron. xvi. 77) doubts whether they
said  to have been  introduced  into Attica by  describe the Roman method of crucifixion.  From
Cecrops.  He had a temple in common with Rhea. Seneca (Cons. ad 1CMarc. xx., Epist. xiv. 1) we
(Paus. i. 18. ~ 7; comp. vi. 20. ~, I.)  The fes- learn the latter to have been of two kinds, the less
tival was held on the twelfth of the month of usual sort being rather impalement than what we
Hecatombaeon (Demosth. c. Tienocr. p. 708; Plut. should describe by the word crucifixion, as the crimiThes. 12; Etym. M. s. v.), which, at an early  nal was transfixed by a pole, which passed through
period of the history of Attica, bore the name of the back and spine and came out at the mouth.
p,'uv Kpovawv.  (Athen. xiii. p. 581.)            The cross was of several kinds; one in the shape
The Rhodians also celebrated a festival in honour of an X, called cruat  Andreana, because tradition
of Cronos —perhaps the Phoenician Moloch —to  reports St. Andrew to have suffered upon it; anwhom  human sacrifices, generally consisting of other was formed like a T, as we learn from Lucian
criminals, were offered.  The festival was held on  (Judic. Vocal. xii.), who makes it the subject of a
the sixteenth of Metageitnion.   (Porphyr. De  charge against the letter.
Abstinent. ii. 54.)                                The third, and most common sort, was made of
Greek writers, when speaking of the Roman  two pieces of wood crossed, so as to make four right
Saturnalia, apply to them the name Kpdmva, which  angles.  It was on this, according to the unani.
in the early times seem to have really resembled  mous testimony of the fathers who sought to conthem in their excessive merriment.  (See Athen. firm it by Scripture itself (Lips. De CGruce, i. 9),
xiv. p. 639; Appian, Samen. 10. ~ 5; Buttmann, that our Saviour suffered.  The punishment, as is
Mythol. vol. ii. p. 52, &c.)          [L. S.]    well known, was chiefly inflicted on slaves, and
CRO'TALUM  (1cpreTaXov), a kind of cymbal, the worst kind of malefactors. (Juv. vi. 219; Her.
erroneously supposed by some writers to be the  Sat. i. 3. 82.)  The manner of it was as follows:
same with the sistrlmn. [SISTRUM.] The mistakes - The criminal, after sentence pronounced, carried
of learned  men on  this point are refuted  at his cross to the place of execution; a custom menlength by Larmp  (De Cymnb. Vet. i. 4, 5, 6). From  tioned by Plutarch (De 7l1rd. Dei Vind.'ceao-ro
Suidas and the Scholiast on Aristophanes (Nubes, Twv KaKOVcp'you, &Kripe' Trbm a'Troi; 0Travpdv), and
260), it appears to have been a split reed or cane, Artemidorus (Oneir. ii. 61), as well as in the
which clattered when shaken with the hand. Ac-  Gospels.  From  Livy (xxxiii. 36) and Valerius
cording to Eustathius (II. xi. 160), it was made of Maximus (i. 7), scourging appears to have formed
shell laid brass, as well as of wood. Clemens. a part of this, as of other capital punishments
Alexandrinus further says that it was an invention  among the Romans.  The scourging of our Saof the Sicilians.                                viour, however, is inot to be regarded in this light,
Women who played  on the crotalum  were  fir, as Grotius and Hammond have observed, it
termed crotalistriae.  Such was Virgil's Copa (2), was inflicted before sentence was  pronounced.
(St. Luke, xxiii. 16; St. John, xix. 1. 6.)  The
" Crispum sub crotalo docta movere latus."    criminal was next stripped of his clothes and
nailed or bound to the cross.  The latter was the
The line alludes to the dance with c'otala (similar more painful method, as the sufferer was left to die
to castanets), for which we have the additional of hurger.  Instances are recorded of persons who
testimony of Macrobius (Sat. ii. 10). The annexed  surv-ived nine days.  It was usual to leave the
woodcut, taken from  the drawing of all ancient body on the cross after'death.  The breaking of
marble inl Spon's Miscellanea (sec. i. art. vi. fig. the legs of the thieves, mentioned in the Gospels.




CRYPTEIA.                                          CRYPTEIA.                   37 1
was accidental; because by the Jewish law, it is  in ascribing its introduction to the Spartan law.
expressly remarked, the bodies could not remain  giver.  The description which he gives of it is
on the cross during the Sabbath-day.  (Lipsius, this:- The ephors, at intervals, selected  firom
De  Cruce;  Casaubon,  Exer. Antiba-on. xvi. among the young Spartans, those who appeared to
77.)                                    [B. J.]    be best qualified for the task, and sent them in
CRYPTA (from KP7rTrEIv, to conceal), a crypt.  various directions all over the country, provided
Amongst the Romans, any long narrow  vault,  with daggers and their necessary food.  During
whether wholly or partially below the level of the  the daytime, these young men concealed themearth, is expressed by this term; such as a sewer  selves; but at night they broke forth into the
(cypta Suburace, Juv. Sat. v. 106) [CLOAcA]; the  high-roads, and massacred those of the helots
carceres of the circus [CIRCUS, p. 285]; or a  whom  they met, or whom  they thought proper.
magazine for the reception of agricultural produce.  Sometimes also they ranged over the fields ( in the
(VitrUv. vi. 8; comp. Varro, R. R. i. 57.)        daytime) and despatched the strongest and best of
The specific senses of the word are: —          the helots.  This account agrees with that of
1. A  covered portico or arcade; called more  Heracleides of Pontus (c. 2), who speaks of the
definitely crypto-porticus, because it was not sup. practice as one that was still carried on in his own
ported by open columns like the ordinary portico, time, though he describes its introduction by Lybut closed at the sides, with windows only for the  curgus only as a report.
admission of light and air.  (Plin. Epist. ii. 15,    The crgpteia  has generally  been considered
v. 6, vii. 21; Sidon. Epist. ii. 2.)  These were  either as a kind of military training of the Spartan
frequented during summer for their coolness.  A  youths, in which, as in other cases, the lives of
portico of this kind, almost entire, is still remain- the helots were unscrupulously sacrificed; or as a
ing in the suburban villa of Arrius Diomedes at means of lessening the numbers and weakening
Pompeii.  [PORTICUS.]                              the power of the slaves.  But MUiiler (Dosrios,
Some theatres, if not all, had a similar portico  iii. 3. ~ 4), who is anxious to soften the notions
attached to them  for the convenience of the per- generally current respecting the relations between
formers, who there rehearsed their parts.  (Suet. the helots and their masters, supposes that Plutarch
Cal. 58; compare Dion Cass. lix. 20; Joseph. and Heracleides represent the institution of the
Antiq. xix. 1. ~ 14.)  One of these is mentioned  crygpteia " as a war which the ephors themselves,
by P. Victor (Regio ix.) as the crypta Balbi, at-  on entering upon their yearly office, proclaimed
tached to the theatre built by Cornelius Balbus at against the helots."  Heracleides, however, does
the instigation of Augiustus (Suet. Aug. 29; Dion  not mention this proclamation at all  and Plutarch,
Cass. liv. 25), which is supposed to be the ruin  who mentions it on the authority of Aristotle,
now seen in the Via di S. Maria di Cacaberis, be-  does not represent it as identical with the crypteia.
tween the church of that name and the S. Maria  Miiller also supposes that, according to the redi Pianto.                                         ceived opinion, this chase of the slaves took place
2. A grotto, particularly one open at both ex-  regularly every year; and showing at once the
tremities, forming what in modern language is  absurdity of such an annual proclamation of war
denominated a "tunnel," like the grotto of Pausi- and massacre among the slaves, he rejects what he
lippo, well known to every visitant of Naples. calls the common opinion altogether as involved in
This is a tunnel excavated in the tqib rock, about inextricable difficulties, and has recourse to Plato
20 feet high, and 1800 long, forming the direct to solve the problem. But Thirlwall (Hist. Greece,
communication between Naples and Pozzuoli (Pu-  vol. i. p, 311) much more judiciously considers
teoli), called by the Romans cs/ypta Neapolitanat  that this proclamation of war is not altogether
and described by Seneca (Epist. 57) and Strabo  groundless, but only a misrepresentation of somewho calls it 6&&puv  KpurT/7 (v. p. 246; compare  thing else, and that its real character was most
Petron. Froa. xiii.).                              probably connected with the crypteia. Now, if we
A  subterranean vault used for any secret wor- suppose that the thing here misrepresented and
ship, but more particularly for the licentious rites  exaggerated into a proclamation of war, was some
consecrated to Priapus, was also called crypta. promise which the ephors on entering upon their
(Petron. Sat. xvi. 3; compare xvii. 8.)            office were obliged to make, for instance, to protect
3. When the practice of consuming the body by  the state against any danger that might arise from
fire was relinquished [FuNUS], and a number of too great an increase of the numbers and power
bodies were consigned to one place of burial, as  of the helots -a promise which might very easily
the catacombs for instance, this common tomb was  be distorted into a proclamation of war - there is
called crypta. (Salinas. Exeicit. Plinian. p. 850; nothing contrary to the spirit of the legislation of
Aring. Rome. Suzbterr. i. 1. ~ 9; Prudent. Hepl Lycurgus; and such an institution, by no ameans
Greg. xi. 153.)  One of these, the crypta Nepo- surprising in a slave-holding state like Sparta,
tiauas, which was in the vicus Patrizcizs, under the  where the number of free citizens was comparaEsquiline (Festus, s. v. Septimontium), was used  tively very small, would have conferred upon the
by the early Christians, during the times of their  ephors the legal authority occasioncally to send out
persecution, as a place of secret worship, as well a number of young Spartans in chase of the helots.
as of interment, and contains many interesting  (Isocr. Panath. p. 271, b.)  That on certain ocinscriptions.  (Nardini, Rom. Antic. iv. 3; Mait-  casions, when the state had reason to fear the
land, The Church in the Catacombs.)    [A. R.]    overwhelming number of slaves, thousands were
CRYPTEIA  (icpv7rs'eCs also called. frpwvrTa  massacred with the sanction of the public authorior icpumr-T), was, according to Aristotle (alp. Plut. ties, is a well-known fact. (Thucyd. iv. 80.)  It
Lyc. 28), an institution introduced at S parta by  is, however, probable enough that such a system
the legislation of Lycurgus.  Tls character was so  may at first have been carried on with some degree
cruel and atrocious, that Plutarch only with great of moderation; but after attempts had been made
reluctance submitted to the authority of Aristotle  by the slaves to emancipate themselves and put
B P. 2




g72               C'UB'pIT'US.                                         CUDO.
their masters to deat!l, as was the calse durinl arndi  the Greek cubit a little more, thal  a foot and a
after the earthquake in Laconia, it assumed the  half English.  The cubit was divided  by the
barbarous and atrocious character which we have  Greeks into 2 spans (o'rLOaeyat), 6 hand-breadths
described above. (Compare Plut. Lyc. 28, sub fin.)  (raXnalfrtar), and 24 finger breadths (BilrTvXAo),
If the crypteia had taken place annually, and at a  and by the Romans into 1 - feet, 6 breadths (palb i),
fixed time, wve should, indeed, have reason, with  and 24 thumb-breadths (pollices).  (Wmurm, De
Miiller, to wonder why the helots, who in many  Pond. Mens. &c.; Hussey, On Ancient  Veigq/hts,
districts lived entirely alone, and were united by  &c., see the Tables.)  Respecting   the Egyptian
despair for the sake of common protection, did not and other cubits, see Bickh,,letrol. Untersuclh.
every year kindle a most bloody and determined  p. 211.                                    [P. S.]
war throughout the whole of Laconia;  but Plutarch,    CUBUS, a vessel, the sides of which were
the only authority on which this supposition can  formed by six equal squares (including the top),
rest, does not say that the crypteia took place  each square having each of its sides a foot long.
every year, but Ba' Xpovou, i. e. "at intervals," or The solid contents of the cube were equal to the
occasionally. (Hermann, ad Viger. p. 856.)  The  amphora.  (Rhem. Fann. De Peon, &c. v. 59difficulties which Miiller finds in what he calls the  62; METrETES).  Ilu Greek K~os is the equivacommon account of the crypteia, are thus, in our lent of the Latin TESSEIRA.               [P. S.]
opinion, removed, and it is no longer necessary to    CUCULLUS, a cowl.  As the cowl was inseek their solution in the description given by  tended to be used in the open air, and to be drawn
Plato  (De Leq. i. p. 633, vi. p. 763), who pro- over the head to protect it from the injuries of the
posed for his Cretan colony a similar institution  weather, instead of a hat or cap, it was attached
under the name of crypteia.  Fromn the known  only to garments of the coarsest kind.  Its form is
partiality of Plato for Spartan institutions, and his  seen attached to the dress of the shepherd in the
inclination to represent them in a favourable light, annexed woodcut, which is taken from a gem  in
it will be admitted that, on a subject like this, his  the Florentine cabinet, and represents a Roman
evidence will be of little weight.  And when he  shepherd looking at the she-wolf with  Romulus
adopted the name crypteia for his institution, it and Remus.  The cucullus was also used by perby no means follows that he intended to make it
in every respect similar to that of Sparta; a partial
resemblance was sufficient to transfer the name of
the Spartan institution to that which he proposed
to establish; and it is sufficiently clear, from his   A
own words, that his attention was more particularly directed to the advantages which young soldiers might derive from  such hardships as the
Kp7r-0 hind to undergo   But even Plato's colony      - 7i
would not have been of a -very humane character,:;,,,i)      -
as his ircpr-roi were to go out in arms and make              1
free use of the slaves.                 rL S.]                                               /
CRYPTOPO RTICUS.  [CRYPTA.]                                               ___
CUBICULA'RII, were slaves who had the
care of the sleeping and dwelling rooms.  Faithful  sons in the higher circles of society, when they
slaves were always selected for this office, as they  wished to go abroad without being known.  (Juv.
had, to a certain extent, the care of their master's  vi. 330.)  The use of the cowl, and also of the
person.  When Julius Caesar was taken by the  cape [BIRRus], which served the same purpose,
pirates, he dismissed  all his other slaves and  was allowed to slaves by a law in the Codex Theoattendants, only retaining with him  a physician  dosianus.  (Vossius, Etyml. Ling. Lat. s. v. Biinus.)
and two cubicularii.  (Suet. Cites. 4 )  It was the  Cowls were imported into Italy from Saintes in
duty of the cubicularii to introduce visiters to their  France (Santonico cucullo, Juv. viii. 145; Schol.
master (Cic. ad Att. vi. 2. ~ 5, in Verr. iii. 4);  in loc.), and from  the country of the Bardaei in
for which purpose they appear to have usually re-  Illyria.  (Jul. Cap. Pertinenx, 8.)  Those from the
mained in an ante-roomr (Suet. Tib. 21, Dose. 16). latter locality were probably of a peculiar fashion,
-Under the later emperors, the cubicularii belong-  which  gave origin to the term  Bardocucullus.
ing to the palace were calledpraepositisctero cubicelo, Liburnici cculli are mentioned by Martial (xi,;
and were persons of high rank.  (Cod. 12, tit. 5.)  139.)                                 [J. Y.]
CUBI'CULTIVI, usually means a sleeping and         CUDO or CUDON, a skull-cap, made of leather
dwelling room in a Roman house [DoMss], but is  or of the rough shaggy fur of any wild animal
also applied to the pavilion or tent in which the  (Sil. Ital. viii. 495, xvi. 59), such as were worn
Roman emperors were accustomed to witness the  by the velites of the Roman armies (Polyb. vi. 20),
public games.  (Suet. NAes. 12; Plin. Paneg. 51.)  and apparently synonymous with galemrs (Virg.
It appears to have been so called, because the  Aen. vii. 688) or galericldus.  (Frontin. Stsategemz.
emperors were accustomed to recline in the cubicula, iv. 7. ~ 29.)  In the sculptures on the Column of
instead of sitting, as was anciently the practice, in  Trajan, some of the Roman soldiers are reprea sella curtilis.  (Ernesti, ad Suet. 1. c.)       sented with the skin of a wild beast drawn over
CU:BIITUS (ryXuvs), a measureoflengthused by  the head, in such a manner that the face appears
the Greeks, Romans, and other nations, was origi-  between the upper and lower jaws of the animal,
nally the length of the human arm from the elbow   while the rest of the skin falls down behind over
to the wrist, or to the tip of the forefinger; the  the back and shoulders, as described by Virgil
latter was its signification among the Greeks and  (iAen. vii. 666).  This, however, was an extra deRomans.  It was equal to a foot and a half; and  fence (Polyb. 1. c.), and must not be taken for the
therefore the Roman cubit was a little less, and. cudo, which was the cap itself; that is, a particular




CULPA,                                            C ULTEAR.                  37i3
kind of gayea.  [GALEA.]  The following'repre-  negligentia, id est, non intelligere quod omnes
sentation of a clldo is taken from Choul's Castra-  intelligunt." (Dig. 50. tit. 16. s. 213.) If then one
mze1. des Ansciens Ronzains, 1581.     [A. R.]    man injured the property of another by gross carelessness, he was always bound to make good the
damage (damnunm praestare).  Such culpa was not
dolus, because there was not intention or design,
but it was as bad in its consequences to the person
Si %1)?%, h94W\\\  charged with it.
Levis culpa is negligence of a smaller degree.
He who is answerable for levis culpa, is answerable for injury caused to the property of another
by some omission, which a careful person could
have prevented.  For instance, in the case of a
ii';;tG V )____         thing lent [Comoa xATurvJ], a man must take at
least as much care of it as a careful man does of
i~'ll  hI iii Irlis own property.  There is never any culpa, if
the person charged with it has done all that the
most careful person could do to prevent loss or
CULCITA.  [LEcTUS.]                              damage.  Levissima culpa came within the meanCU'LEUS, or CU'LLEUS, a Roman measure, ing of the term culpa in the lex Aquilia; that is,
which was used for estimating the produce of vine-  any injury that happened to one man's property
yards.  It was the largest liquid measure used by  through the conduct of another, for want of such
the Romans, containing 20 amphorae, or 160 conzii,  care as the most careful person would take, was a
that is, almost 119 gallons. (Rhem. Fann. De Pond. culpa, and therefore punishable.  But the expres&c. v. 86, 87; Plin. if. N. xiv. 4; Varro, R. R. sion levissima culpa is said to occur only once in
i. 2. ~ 7; Colum. iii. 3.)              [P. S.]   the Digest (Dig. 9. tit. 2. s. 44).
CU'LEUS or CU'LLEUS, a sack used in the    In the passage of Horace (Sat. ii. 2. 123.)
punishment of parricides..  [LEE" CoRNELIA nDE    "Post hoc ludus erat culpa potare magistra,"
SICARIIS.]
CULI'NA.  [Domus.]                               Bentley has the absurd emendation of " cuppa."
CULPA.  The general notion of dolus malus  The general meaning of culpa in the Roman
may be conveniently explained under this head.    writers is well explained by tIasse (p. 8). There
Culpa in its most general juristical sense of any  is great difficulty in stating the Roman doctrine
illegalact of commission or omission comprehends  of dolus and culpa, and mlodern jurists are by
dolus malus.  But the special meaning of culpa is  no means agreed on this matter.  The chief essay
distinct from that of dolus malus. Dolus malus is  on this subject is the classical work of Hasse
thls defined by Labeo (Dig. 4. tit. 3. s. 1): -   " Die Cullpa des Rimischen Rechts, second edition
" Dolus males est omnis calliditas, fallacia, machi-  by Bethmann - Hollweg, ] 838. Hasse's view is
natio ad circumveniendam, fallendum, decipienduml  briefly explained in a note by Rosshirt, to his edi.
alteruln  adhibita."  Dolus malus, therefore, has  tion of Mackeldey's Lehrbuch, ~ 342 (12th ed.);
reference to the evil design with which an act is  but it requires a careful study of his work to comaccomplished to the injury of another; or it may  prehend Ilasse's doctrine fillly, and to appreciate the
be the evil design with which an act is omitted that great merits of this excellelt essay. What is stated
ought to be done.  The definition of Aquilius, a  in this short article is necessarily incomplete, and
learned jurist, the friend of Cicero and his coll::agnue  may be in some respects incorrect.  [G. L.]
in the praetorship (de QOf: iii. 14), labours under the    CULTER  (probably from cello, percd lo; dim
defect of the definition of Servius, which is criticised  cultellus, Eng]. coulter; in southern GermanS,  das
by Labeo. (Dig. 4. tit. 8. s. 1.) This seems to be  kolter; French, coutec2l; Greek, umXalpa, KCoxis,
the Aquilius who, by the edict, gave the action of or  (ayis), a knife with  only one edge, which
dolus malus in all cases of dolus malus where there  formed a straight line.  The blade was pointed
was no legislative provision, and there was a justa  ald its hack curved.  It was used for a variety of
causa. (Cic. de Nat. Deor. iii. 30.)               purposes; but chiefly for killing animals either
It is sometimes ccnsidered that culpa in the  in the slaughter-house, or in hunting, or at the
special sense may be either an act of commission  altars of the gods.  (Liv. iii. 48; Scribonius,
or omission; and that anl act may fall short of Conelpos. 1edl. 13; Suet. A'ug. 9; Plaut. Rud. i. 2.
dolus, as not coninlg within the above definition,  45; Virg. Georg. iii, 492; Ovid. Fast. i. 321.)
but it may approach very near to dolus, and so be-  Hence the expressions-bovel  ad cultrues eoaere,
come culpa dolo proxima.  But the characteristic  " to buy an ox for the purpose of slaughtering it"
of culpa appears to be omission.  It is true that (Varro, De Re Rust. ii. 5); a2e sub cultro lisquit,
the damnumn  which is necessary to constitute culpa  " he leaves mle in a state like that of a victim dragged
is often the consequence of some act; but the act to the altar" (Hor. Sat. i. 9. 74); se ad celltrum
derives its culpose character rather from something  locare, " to become a bestiarius" (Seneca, E1). 87).
that is omitted than from what is done.            From  some of the passages above referred to, it
Culpa then being characterised by an act of would appear that the culter was carried in a kind
omission (negligentia), or omissio diligentiae, the  of sheath.  The priest who conducted a sacrifice
question always is, how far is the person charged  never killed the victim  himself; but one of his
with culpa bound to look after the interest of an- ministri, appointed for that purpose, who was called
other, or to use diligentia.  There is no such ge-  either by the general name minister, or the more
neral obligation, but there is such obligation in  specific po1pa or cultrardius. (Suet. Cllig. 32.)  A
particular cases.  Culpa is sometimes divided into  tomb-stone of a cultrarius is still extant, and upon
lata, levis, and levissima.  Lata culpa " est nielia  it two cultri are represented (Gruter, Inscript. vol
BB 3




374                CUPA.                                          CURATOR.
ii. p. 640. No. 1 1), which are copied in the an- dolihin, and used for the same purpose, namely, to
nexed woodcut.                                  receive the fresh must, and to contain it during the
process of fermentation.  The inferior wines were
drawn for drinking from the cupa, without being
bottled in amphlorae, and hence the term vinum2 de.c"pa (Varr. ap. Non. ii. 1 13; Dig. 18. tit. 6. s. 1.
Q62'F. TIBAV  T~ RTI.~QJ           I~ 4). The phrase in Horace (Sat. ii. 2. 123), clpa
i potare mayistra, if correct, would mean, to make
ME NO LA N                       i the wine vessel the sole magister bibendi; Bentley
CVLT R AR1. OSSA                    adopts cupa in this passage, as another form of
HEIC.SITA.  SVN't'                   copa, a hostess, a word connected with caupo: this
word occurs in Suetonius (NAer. 27), and one of
Virgil's minor poems was entitled Copa or Cupa.
(Charis. i. p. 47, Putsch.)  In the passage of
~A7~~ <                     ~~Horace, however, the reading cupa is only conjectural: the MSS. give culpa, out of which a
good sense can-be made.  (See the notes of Heindorf, Orelli, and Diintzer.)
The cupa was either made of earthenware, like
the dolimns, or of wood, and covered with pitch. In
the latter case, pine-wood was preferred (Plin.
HP. N. xvi. 10. s. 18).  It was used for other
~- m         purposes, such as preserved fruits and corn, forming rafts, and containing combustibles in war,
The name culter was also applied to razors (Cic. and even for a sarcophagus.  (See the passages
De Off: ii. 7; Plin. vii. 59; Petron. Sat. 108), cited by Forcellini, s. v.)  [Comp. DOLIUMa; VIand kitchen knives (Varro, ap. Non. iii. 32). That NUM.]                               [P. S.]
in.these cases the culter was different from those    CURA.  [CURATOR.]
above represented, and most probably smaller, is    CURATE'LA.  [CURATOR.]
certain; since whenever it was used for shaving or    CURA'TIO.  [CURATOR.]
domestic purposes, it was always distinguished    CURA'TOR.  Up to the time of pubertas,
from the common culter by some epithet, as cultes  every Roman citizen, as a general rule, was incatonsorius, cutter coquinaris. Fruit knives were also  pable of doing any legal act, or entering into any
called cultri; but they were of a smaller kind  contract which might be injurious to him.  The
(cultelli), and made of bone or ivory (Colum. xii. time when pubertas was attained, was a matter of
14, 45; Plin. xii. 25; Scribon. c. 83).  Colu- dispute; some fixed it at the commencement of: the
mella, who gives (iv. 25) a very minute descrip- age of procreation, and some at the age of fourteen.
tion of af eld  vinitoria, a knife for pruning vines, (Gaius, i. 169.) In all transactions by the impubes,
says that the part of the blade nearest to the  it was necessary for the auctoritas of the tutor to
handle was called culter on account of its similarity  be interposed.  [AUCTORITAS; TUTOR.]  With
to an ordinary culter, the edge of that part form-  the age of puberty, the youth attained the capacity
ing a straight line.  This culter according to him'of contracting marriage and becoming a paterwas used when a branch was to be cut off which  familias: he was liable to military service, and
required a hard pressure of the hand on the knife. entitled to vote in the comitia; and consistently
The name culter, which was also applied to the  with this, he was freed from the control of a tutor.
sharp and pointed iron of the plough (Plin. tI. N. Females who had attained the age of puberty bexviii. 18. 48), is still extant in English, in the form  came subject to another kind of tutela. [TUTELA.]
coulter, to designate the same thing. [ARATRUM.]    With the attainment of the age of puberty by a
The expression in cultrum or in czltro collocatus  Roman youth, every legal capacity was acquired
(Vitruv. x. 10, 14) signifies placed in a perpendi-  which depended on age only, with the exception
cular position.                       [L. S.]    of the capacity for public offices, and there was no
CULTRA'RIUS.  [CULTER.]                       rule about age, even as to public offices, before the
CU'NEUS.  [ExERCITUS; THEATRUM.]               passing of the lex Villia.  [AEDILES.]  It was,
CUNIYCULUS (urovoyoos).  A  mine or pas- however, a matter of necessity to give some legal
sage underground was so called from its resemblance  protection to young persons who, owing to their
to the burrowing of a rabbit.  Thus Martial (xiii. tender age, were liable to be overreached; and
60) says,                                        consistently with the development of Roman jurisC Gaudet in effossis babitare cuniculus antris,    prudence, this object was effected without interMonstravit tacitas hostibus ille vias."   fering with the old principle of full legal capacity
being attained with the age of puberty. This was
Fidenae and Veii are said to have been taken  accomplished by the lex Plaetoria (the true name
by mines, which opened, one of them  into the  of the lex, as Savigny has shown), the date of
citadel, the other into the temple of Juno.  (Liv.  which is not known, though it is certain that the
iv. 22, v. 19.)  Niebuhr (Hist. Romn. vol. ii. law existed when Plautus wrote (Pseudolus, i. 3.
p. 483) observes that there is hardly any anthen-  69).  This law established a distinction of age,
tic instance of a town being taken in the manner  which was of great practical importance, by formrelated of Veii, and supposes that the legend arose  ing the citizens into two classes, those above and
out of a tradition that Veii was taken by means of those below twenty-five years of age (sninores viginti
a mine, by which a part of the wall was over- quinque annis), whence a person under the lastthrown.                              [R. W.]    mentioned age was sometimes simply called m.inor.
CUPA, a wine-vat, a vessel very much like the  The object of the lex was to protect persons under




CURATOR.                                           CURATOR.                    37t
twenty-five years of age against all fraud (dolus).  might be their age, were placed under the cura of
The person who was guilty of such a fraud was  their agnati by the law of the Twelve Tables.
liable to a judiciurn publicurn (Cic. De Nat. Deor.  When there was no legal provision for the appointiii. 30), though the offence was such as in the  ment of a curator, the praetor named one.  Curacase of a person of full age would only have been  tores appointed by a consul, praetor, or governor
matter of action.  The punishment fixed by the  of a province (prcteses), were not generally required
lex Plaetoria was probably a pecuniary penalty, to give security for their proper conduct, having
and the consequential punishment of infamia or  been chosen as fit persons for the office.  What
loss of political rights.  The minor who had been  the lex Plaetoria required for particular transacfraudulently led to make a disadvantageous contract, tions, the emperor Aurelius made a general rule,
might protect himself against an action by a plea  and all minors, without exception, and without any
of the lex Plaetoria (exeeptio  legis Plaetoriae).  special grounds or reasons (non redditis causis),
The lex also appears to have further provided that were required to have curatores.
any person who dealt with a minor might avoid all    The following is the result of Savigny's investigarisk of the consequences of the Plaetoria lex, if the  tions into the curatela of minors after the constitution
minor was aided and assisted in such dealing by a  of M. Aurelius.  The subject is one of considerable
curator named or chosen for the occasion.  But difficulty, but it is treated with the most consumthe curator did not act like a tutor: it can hardly  mate skill, the result of complete knowledge, and
be supposed that his consent was even necessary to  unrivalled critical sagacity.  The minor only rethe contract; for the minor had full legal capacity  ceived a general curator when he made application
to act, and the business of the curator was merely  to the praetor for that purpose: he had the right
to prevent his being defrauded or surprised.       of proposing a person as curator, but the praetor
The praetorian  edict carried  still further the  might reject the person proposed.  The apparent
principle of the lex Plaetoria, by protecting minors  contradiction between the rule which required all
generally against positive acts of their own, in  minors to have a curator, and the fact that the
all cases in which the consequences might be  minor received a general curator only when he apinjurious to them.  This was done by the "in in- plied for one, is explained by Savigny in his essay
tegrum  restitutio:" the praetor set aside trans-  (p. 272, &c.).  The curator, on being appointed,
actions of this description, not only on the ground  had, without the concurrence of the minor, as
of fraud, but on a consideration of all the circum- complete power over the minor's property as the
stances of the case.  But it was necessary for the  tutor had up to the age of puberty.  IHe could
minor to make application to the praetor, either sue in respect of the minor's property, get in
during his minority, or within one year after attain-  debts, and dispose of property like a tutor.  But it
ing his majority, if he claimed the restitutio; a  was only the property which the praetor intrusted
limitation probably founded on the lex Plaetoria. to him that he managed, and not the acquisitions
The provisions of this lex were thus superseded or of the minor subsequent to his appointment; and
rendered unnecessary by the jurisdiction of the  herein he differed from a tutor who had the care of
praetor, and accordingly we find very few traces of all the property of the pupillus. If it was intended
the Plaetorian law in the Roman jurists,           that the curator should have the care of that which
Ulpian and his contemporaries speak of adole-  the minor acquired, after the curator's appointscentes, under twenty-five years of age, being under ment, by will or otherwise, a special application
the general direction and advice of curatores, as a  for this purpose was necessary.  Thus, as to the
notorious principle of law at that time. (Dig. 4. property which was placed under the care of the
tit. 4; De Minoribus xxv Annis.)  The establish-  curator, both as regards alienation and the getting
melt of this general rule is attributed by Capito-  in of debts, the minor was on the sanle footing
linus (IVI. Anton. c. 10) to the emperor M. Aurelius  as the prodigus: his acts in relation to such miatin a passage which has given rise to much discussion. ters, without the curator, were void.  But the
Savigny's explanation is as follows: -  Up to the  legal capacity of the minor to contract debts was
time of Marcus Aurelius there were only three  not affected by the appointment of a curator; and
cases or kinds of curatela:  1. That which was  he might be sued on his contract either during
founded on the lex Plaetoria, by which a minor his minority or after.  Nor was there anlly inconwho wislied to enter into a contract with another, sistency in this: the minor could not spend his
asked the praetor for a curator, stating the ground  actual property, for the preservation of his property
or occasion of the petition (reddita causa).  One  during minority was the object of the curator's apobject of the application was, to save the other con- pointment.  But the minor would have been detracting party from all risk of judicial proceedings prived of all legal capacity for doing any act if he
in consequence of dealing with a minor.  Another  could not have become liable on his contract. The
object was, the benefit of the applicant (the minor); contract was not in its nature immediately inju.
for no prudent person would deal with him, ex- rious, amid when the time came for enforcing it
cept with the legal security of the curator. (Plaut. against the minor, he had the general protection of
Pseudolus, i. 3. 69. "Lex Ame perdit quinavicenaria:  the restitutio.  If the minor wished to be adrometnunt credere omnes.")  2. The curatela, which  gated [ADOPTIO], it was necessary to have the
was given in the case of a man wasting his sub- consent of the curator.  It is not stated in the
stance, who was called " prodigus."  3. And that extant authorities what was the form of proceeding
in the case of a man being of unsound mind, when it was necessary to dispose of any property
" demens," "furiosus." In both the last-mentioned  of the minor by the mallcipatio or in jure cessio;
cases provision was made either by the law or by  but it may be safely assumed that the minor acted
the praetor.  Curatores who were determined by  (for he alone could act on such an occasion) and
the law of the Twelve Tables, were called legitimi; the curator gave his consemit, which, in the case
those who were named by the praetor, were called  supposed, would be analogous to the auctoritas of
honorarii.  A  furiosus and prodigus, whatever the tutor.  But it would differ from the auctoritas,
BB 4




376               CURATOR.                                          CU RATORES.
in not being, like the auctoritas, nrcessary to the  keldey, LedrSulch des leeutigen RTMoiselsens  RecUts,
completion of the legal act, but- merely necessary  ~ 588, &c. (12th ed.); Thibhaut, Systesl des Panto remove all legal oljections to it when com-  dekten-Recdis, ~ 786, &c. 9th ed. &c.) [G. L.]
pleted.                                              CURATO'RES, were public officers of various
The cura of spendthrifts and persons of unsound  kinds under the Roman   empire, several of whom
mind, as already observed, owed its origin to the  were first established by Augustus.  (Suet. Aug.
laws of the Twelve Tables.  The technical word  37.)  The most imnportanlt of them  were as folfor a person of unsound mind in the Twelve Tables  low: —
is furiosus, which is equivalent to lemens; and      1. CunATOREs ALvEI ET RIPARUM, who had
both words are distinguished -'rom i2san2s. Though  the charge of the navigation of the Tiber.  The
furor implies violence in conduct, and demeantia only  duties of their office may be gathered from Ulpian
slenltal inbecilit, there was no legal difference be-  (Dig. 43. tit. 15).  It was reckoned very honourtween the two terms, so far as concerned the cura.  able, and the persons who filled it received afterInsanzia  is merely  weakness of understanding  wards the title of comites.
(stzltiiia constantia, id est, sac late vacacns, Cic. Tusc.    2. CURATORES ANNONAE, who purchased corn
Quazest. iii. 5), and it was not provided for by the  and oil for the state, and sold it again at a small
laws of the Twelve Tables.  In later times, the  price among the poorer citizens.  They were also
praetor appointed a curator for all persons whose  called  curatoses esendi frsumezti et olei, and
infirmities required it.  This law  of the Twelve  emm-vaa and  cXac&Yal. (Dig. 50. tit. 5. s. 18. ~ 5.)
Tables did not apply to a pupillus or pupilla.  If, Their office belonged to the personalia munera;
therefore, a pupillus was of unsound mind, the  that is, it did not require any expenditure of a
tutor was his curator.  If an agnatus was the  person's private property: but the curatores recurator of a furiosus, he had the power of alien-  ceived from  the state a sufficient sum of money to
ating the property of the furiosus. (GaiRs, ii. 64.)  purchase the required amount.  (Dig. 50. tit. 8.
The prodigus only received a curator upon appli-  s. 9. ~ 5.)
cation being made to a magistratus, and a sentence    3. CURATORES  AQUAtRUt.   [AQU.-JE   Ducof interdiction being pronounced against him (ei TUS.]
bonis interclictu7 est. Compare Cic. De Senec. c. 7).    4. CURATORES  K.ALENrDARII, who had  the
The form of the interdictio was thus: -" Quando  care in municipal towns of the calendaria; that is,
tibi bona paterna avitaque nequitia tua disperdis, the books which contained the names of the perliberosque tuos ad egestatem perducis, ob cam rem  sons to whom public money, which was not wanted
tibi ea re commercioque interdico."  The cura of for the ordinary expenses of the town, was lent on
the prodigus continued till the interdict was dis-  interest.  The office belonged to the personalia
solved.  It might be inferred from the form of the  nmunera.  (Dig. 50. tit. 4. s. 18. ~ 2; tit. 8. s. 9.
interdict, that it was limited to the case of per-  ~ 7; Heinecc. Antiq. Room. iii. 15. ~ 4.)  These
soins who had children; but perhaps this was not officers are mentioned in inscriptions found in muso.  (Dig. 27. tit. 10; Cod. 5. tit. 70; Inst. i. nicipal towns. (Orelli, Is2sc-ip. No. 3940, 4491.)
tit. 23.)                                            5. CURATORES LUDORUIAs, who had the care of
It will appear from what has been said, that, the public games. Persons of rank appear to have
"whatever similarity there may be between a tutor  been usually appointed to this office. (Tacit. Ann.
and a curator, an essential distinction lies in this, xi. 35, xiii. 22; Suet. Cal. 27.)  In inscriptions,
that the curator was specially the guardian of pro-  they are usually called czratores muneris gladiaperty, though in the case of a furiosus he must torii, &c.
also have been the guardian of the person. A         6. CURATORES OPERuIJ   PUBLICORUM,  who
curator must, of course, be legally qualified for his  had the care of all public buildings, such as the
functions, and he was bound, when appointed, to  theatres, baths, aquaeducts, &c., and agreed with
accept the duty, unless he had some legal exemp-  the contractors for all necessary repairs to them.
tion (excuzsatio).  The curator was also bound to  Their duties under the republic were discharged
account at the end of the curatela, and was liable  by the aediles and censors.  [CENSORES.]  They
to an action for misconduct.                       are frequently mentioned in inscriptions.  (Orelli,
The word cura has also other legal applications:  Inscrip. No. 24, 1506, 2273.)
-  1. Cura bonorzumn, in the case of the goods of a    7. CURATORES REGIONUM, who had the care
debtor, which are secured for the benefit of his  of the fourteen districts into which Rome was
creditors.  2. Cure bonorumn et ventris, in the case  divided, and whose duty it was to prevent all
of a woman being pregnant at the death of her  disorder and  extortion in their respective dishusband.  3. Crsc alereditcatis, in case of a dispute  tricts.  This office was first instituted by Augusas to who is the heres of a person, when his sup-  tus. (Suet. Aug. 30.) There were usually two offiposed child is under age.  4. Czura  eredilatis  cers of this kind for each district; Alexander
jacedtis, in the case of a property, when the heres  Severus, however, appears to have appointed only
had not yet declared whether or not he would ac-  one for each; but these were persons of consular
cept the inheritance.  5. Csra boneorum absentis, in  rank, who were to have jurisdiction in conjunction
the case of property of an absent person who had  with the praefectus urbi. (Lamprid. 4lex. Sev. 33.)
appointed no manager of it.                        We are told that MA. Antonirals, among other
This view of the curatela of minors is from an  regulations, gave special directions that the curaessay by Savigny, who has handled the whole  tores regionum  should  either punish, or bring
matter in a way equally adlnirable, both for the  before the praefectus urbi for punishment, all perscientific precision of the method and the force and  sons who exacted from  the inhabitants more than
hperspicuity of the language.  (V on dent Schulz der  the legal taxes.  (Jul. Capitol. 11k. Anton. 12.)
Mlinclderjii/riyen, Zeitschnlif   vol. x.; Savigny, Veon  8. CURATORES REIPUBLICAE, also called LoBesrzs; &c. p. 102; Gains, i. 197; Ulp. Frac. xii.; GISTAE, who administered the landed property
Dirks.n, Uebersicht, &c. Tab. v. FraPg. 7; Mac-  of municipia.  (Dig. 50. tit. 8. s. 9. ~ 2; 2. tit. 14




CURIA.                                            CURIUS.                    377
s. 37.)  Ulpian wrote a separate work, De Oficio  Becker, 1iazndb. der -ihn. Al/lerli. vol. ii. part i.
Curatoris Reipublicae.                             p. 31, &c.)                             [L. S.]
9. CURATORES VIARUM.  [VIAE.]                      CU'RIA (:3ovXAevuTpov, Yepovoela), illn archiCU'RIA, signifies both a division of the Roman  tecture.  The building in which the highest cournpeople and the place of assembly for such a divi-  cil of the state met, in a Greek or Latin city, is
sion.  Various etymologies of the word have been  described by Vitruvius as being adjacent to the
proposed, but none seems to be so plausible as that  agora or forumn.  Its form  was quadrangular;'which connects it with the Sabine word quiris or  either square or oblong.  If square, its height was
curis (whence the surname of Juno Curitis among  one and a half times its length: if oblong, the height
the Sabines).                                      was half the sum of the length and breadth.  Thus,
Each of the three ancient Romulian tribes, a senate house 40 feet square would be 60 feet
the Ramnes, Tities, and Luceres, was subdivided  high: and one 60 feet by 40 would be 50 feet high:
ilto ]0 curiae, so that the whole body of the  which are somewhat remarkable proportions.  Half
populus or the patricians were divided into 30  way up each wall there was a projecting shelf or
curiae. (Liv. i. 13; Dionys. ii. 7, 23; Plut. Ronz.  cornice to prevent the voice being lost in the height
19.)  The plebeians had no connection whatever  of the building.  Vitruvius says nothing of columns
with the curiae, and the clients of the patricians  in the curia, but we know that in some Greek
were members of the curiae only in a passive sense. senate houses, as in that at Phocis, there wer3
(Fest. p. 285, ed. Miiller; comp. PATIcIr, GENs.)  rows of columns down each side, very near the wall
All the members of the different gentes belonging  (Paus. viii. 32, x. 5), and this also was the case at
to one curia were called, in respect of one another,  Pompeii.  A sort of religious character was coneuriales.  The division into curiae was of great  ceived to belong to the senate house; and there
political importance in the earliest times of Rome, were often statues of the gods placed in it.  (Paus.
for the curiae alone contained those that were  1. c.)  Respecting the three curiae at Rome, the
real citizens, and their assembly alone was the  Hostilia, the Julia, and the Pompeiana, see Diet. of
legitimate representative  of the whole  people  Gr. and Rone. Geog. art. Roma.  (Vitruv. v. 2;
[CoInITIA CURIATA], from whom all other powers  Stieglitz, A}rcleiol. d. Bcukunst, vol. iii. p. 21; Hirt,
emanated.  The senators and  equites were of Lelre d. Gebiuede, pp. 186-188).              [P. S.]
course chosen from among them; but their import-    CURIA'TA  COMI'TIA.  [COMITIA.]
ance was especially manifest in the religious affairs    CU'RIO, the person who stood at the head of a
of the state.  Each curia as a corporation had its  curia, and had to manage its affairs, especially
peculiar sacra (Fest. pp. 174, 245; Paul. Diac. those of a religious nature (Dionys. ii. 7, 65;
p. 49, ed. Miller), and besides the gods of the  Varro, De L. L. v. 15, 32, vi. 6): in their adstate, they worshipped other divinities and with  ministrationl he was assisted by another priest,
peculiar rites and ceremonies.  For such religious  called flamen curialis.  (Paul. Diac. p. 64; Dionys.
purposes each curia had its own place of worship, ii. 21, 64.) As there were thirty curiae, the number
called curia, which at first may have contained  of curiones was likewise thirty, and they formed a
nothing but an altar, afterwards a sacellum, and  college of priests, which was headed by one of
finally a building in which the curiales assembled  them  bearing the title of curio snaxiltcs.  (Paul.
for the purpose of discussing political, financial, re-  Diac. p. 126; Liv. xxvii. 8.)  He was elected in
ligious and other matters.  (Paul. Diac. pp. 62, the comitia curiata, and had authority over the
64; Dionys. ii. 50.)  The religious affairs of each  curiae as well as over the curiones.  It need hardly
curia were taken care of by a priest, curio, who  be observed, that the office of curio could not be
was assisted by another called curialis Flamen.  held by any one except a patrician; at a com(Paul. Diac. pp. 49, 64; Varro, De L. L. v. 83,  paratively late time we indeed find now and then
vi. 46; Dionys. ii. 21; comp. CuvaR.)  The 30  a plebeiain invested with the office of curio maximus
curiae had each its distinct name, which are said  (Liv. xxvii. 8, xxxiii. 42), but this only shows how
to have been derived from the names of the Sabine  much the ancient institution of the curiae had
wonmen who had been carried off by the Romans, then lost of its original meaning and importance;
though it is evident that some derived their names  and at the time when the plebeians had gained
from  certain districts or from ancient eponymous  access to priestly dignities, the office of curio seems
heroes. Few of these names only are known, such  to have been looked upon in the light of any other
as curia Titia, Faucia, Calabra, Foriensis, Rapta,  priestly dignity, and to have been conferred upon
Veliensis, Tifata. (Paul. Diacne. pp. 49, 366; Fest. plebeians no less than upon patricians.  [L. S.]
p. 174; Liv. i. 13; Dionys. ii. 47; Cic. De Re    CU'RIUS (Kc6plOS), signifies generally the perPuzbl. ii. 8.) The political importance of the curiae  son that was responsible for the welfare of such.
sank in proportion as that of the plebeians and  members of a family as the law presumed to be
afterwards of the nobilitas rose; but they still  incapable of protecting themselves; as, for instance,
continued the religious observances of their cor-  minors and slaves, and women of all ages. Fathers,
poration, until in the end these also lost their im-  therefore, and guardians, husbands, the nearest
portance and almost fell into oblivion. (Ov. crast.  male relatives of women, and masters of families,
ii. 527, &c.)                                      would all bear this title in respect of the vicarious
Curia is also used to designate the place in  functions exercised by them  in behalf of the re-which the senate held its meetings, such as curia  spective objects of their care.  The qualifications
Hostilia, curia Julia, curia Marcelli, curia Pompeii,  of all these, in respect of which they can be comcuria Octaviae, and from this there gradually arose  bined in one class, designated by the term curius,
the custom of calling the senate itself in the Italian  were the male sex, years of discretion, freedom,
towns curia, but never the senate of Rome.  The  and when citizens a sufficient share of the franchise
official residence of the Salii, which was dedicated  (E'lrir7T1a) to enable them  to appear in the law
to Mars, was likewise styled curia. (Cic. de Div.  courts as plaintiffs or defendants in behalf of their
i. 17; Dionys. xiv. 5; Plut. Ca',nil. 32; comp.  several charges; in the case of the curius being a




.378              CURRUS.                                           CURRUS.
resident alien, the deficiency of franchise would be  follows:- (a) The nave, called 7r'Xi4v7 (-Horn.
supplied by his Athenian patron  (rpo-radTrrs). II. v. 726, xxiii. 339; Hes. Scut. 309), Xolv'Kir,
The duties to be performed, and In default of their modiolus (Plin.:T. N. ix. 3).  The two last terms
performance, the penalties incurred by guardians, are founded on the resemblance of the nave to a
and the proceedings as to their appointment, are  modius or bushel. (b) The spokes, Kcvsl ai (literally,
mentioned under their more usual title [EPITRO- t]he legs), radii. The number of spokes of course
PUS].                                            differed in different wheels.  On one occasion we
The business of those who were more especially  read of eight (Km'1KC v1CYUa, 1i. v. 723). (c) Theftlly,
designated curii in the Attic laws, was to protect Yrvs (Hom. I1. v. 724).  This was commonly made
the interests of women, whether spinsters orwidows, of some flexible and elastic wood, such as poplar (II.
or persons separated from their husbands.  If a  iv. 482-486), or the wild fig, which was also used
citizen died intestate, leaving an orphan daughter, for the rim of the chariot; heat was applied to assist
the son, or the father, of the deceased was bound  in producing the requ site curvature.  (I1. xxi. 37,
to supply her with a sufficient dowry, and give her 38, compared withTheocrit. xxv. 247-251.)  The
in marriage; and take care both for his own sake  felly was, however, composed of separate pieces,
and that of his ward, that the husband made a  called arcs (&'78es, Hes. Op. et Dies, 426). Hesiod
proper settlement in return for what his bride  (I. c.) evidently intended to recommend that a
brought him  in the way of dower (a7roTrC u?7a, wheel should consist of four pieces.  (d) The tire,
Harpocr.).  In the event of the death of the hus- E7riorTpov, cant/hus.  Homer (II. v. 725) describes
band or of a divorce, it became the duty of the  the chariot of Hera as having a tire of bronze upon
czrius that had betrothed her, to receive her back  a golden felly, thus placing the harder metal in a
and recover the dowry, or at all events ali- position to resist friction, and to protect the softer.
niony from the husband or his representatives.  If    4. The pole (pv/uots, temno).  It was firmly fixed
the father of the woman had died intestate, with- at its lower extremity to the axle; and at the
out leaving such relations as above-mentioned sur- other end (aKpopPt5'IUov) the pole was attached to
viving, these duties devolved upon the next of the yoke either by a pin ('ECoNos), as shown in
kin, who had also the option of marrying her him- the chariot engraved below, or by the use of ropes
self, and taking her fortune with her, whether it and bands [JUGITM].
were great or small. (Bunsen, De J. H. Ath. p. 46.)    All tne parts now enumerated are seen in an
If the fortune was small, and he was unwilling to  ancient chariot preserved in the Vatican, a repremarry her, he was obliged to make up its defici- sentation of which is given in the annexed woodencies according to a regulation of Solon (Dem. cut.
c. Macart. p. 1068); if it were large he might, it
appears, sometimes even take her away from a
husband to whom she had been married, in the
lifetime and with the consent of her father.
There were various laws for the protection of
female orphans against the neglect or cruelty of
their kinsmen; as one of Solon's (Diod. xii.
p. 298), whereby they could compel their kinsmen
to endow or marry them; and another which after
their marriage enabled any Athenian to bring an
action  KaKcWCcew, S to protect them  against the
cruelty of'their husbands (Petit. Leg. Att. p. 543);
and the archon was specially entrusted with official
power to interfere in their behalf upon all occasions.
(Dem. c. Macart. p. 1076.) [KAsosIS.] [J. S.M.]
CURRUS (oap/p), a chariot, a car.  These
terms appear to have denoted those two-wheeled
vehicles for the carriage of persons, which were                                         -
open overhead, thus differing from the carpentunt,
and closed in front, in which they differed from
the cisizenm.  The most essential articles in the
construction of the currus were: —
1. The antyx (6vTV'), or rim; and it is accordingly seen in all the chariots which are represented    Carriages with two or even three poles were
either in this article or at pp. 101,238. [ANTYX.]  used bythe Lydians.  (Aeschyl. Pers. 47.)  The
2. The axle, made of oak (Ltyevos tiScwv, Hoem. II. Greeks and Romans, on the other hand, appear
v. 838, imitated by Virgil,fagi2nus axis, Georg. iii. never to have used more than one pole and one
1-72), and sometimes also of ilex, ash, or elm. yoke, and the currus thus constructed was com(Plin. H. N. xvi. 84.)  The axle was firmly fixed  monly drawn by two horses, which were attached
under the body of the chariot, which, in reference  to it by their necks, and therefore called 3'Civyes
to this circumstance, was called iVrepTepia, and  S7r7rot (Homrn. I. v. 195, x. 473), ~uvsopis (Xen.
which was often made of wicker-work, inclosed  Hell. i. 2. ~ 1), " gemini jugales " (Virg. Aen. vii.
by the &vrvU  (Hom. I1. xxiii. 335, 436; Hes. 280),' equi bijuges" (Geory. iii. 91).  If a third
Scut. 306).                                      horse was added, as was not unfrequently the case,
3. The wheels (cilcXa, -'poXoy, rotae) revolved  it was fastened by traces.  It may have been inupon the axle as in modern carriages; and they  tended to take the place of either of the yoke horses
were prevented from coming off by the insertion of ( 5/ytot 17r7rot), which might happen to be disabled.
pins (7rep&,al, geegoXot) into the extremities of the  The horse so attached was called irapjopos. Ginzaxle (&iKpaaovla).  The parts of the wheel were as  rot (Tiigen und Fahvrwerlre, vol. i. p. 342) has pub



CURRUS.                                            CURRUS.:379
lished two drawings of chariots with three horses,  called trigag; and by the same analogy a chariot
from  Etruscan vases in the collection at Vienna. and four was called quadriqae; in Greek. rerpaoThe'7nrros irap7opos is placed on the right of the  pta or'rOpur7ros.
two yoke horses. (See woodcut.) We also observe    The horses were  commonly harnessed in  a
traces passing between the two lvi'Uyes, and pro-  quadriga after the manner already represented, the
ceeding from the front of the chariot on each side  two strongest horses being placed under the yoke,
of the middle horse.  These probably assisted in  and the two others fastened )n each side by means
attaching the third, or extra horse,               of ropes.  This is implied in the use of the epithets  elipa7os or oelpaipdpos, and funalis or funarius, for a horse so attached.  (Isid. Orig. xviii.
35.)  The two exterior horses were further distinguished from one another as the right and the left
w,~.)e         btrace-horse.  In the splendid triumph of Augustus
<i:              Ap_ id> A tafter the battle of Actium, the trace-horses of his car
I111~~ ~~were ridden by two of Ihis young relations. Tibe1i \t' k rius rode, as Suetonius relates (Tib. 6.) sinisteriore
finali equo, and Marcellll s deteriorefi nali equo.
As the works of ancient art, especially fictile vases,
abound in representations of quadrigae, numerous
instances may be  observed, in which the two
middle horses (6 E'aos  eSlbs Kal 6 to'ooS a&piTe-.... —-.... pbs, Schol. in As4istoph. Nub. 122) are yoked together as in the bigae; and, as the two lateral
The Latin name for a chariot and pair was  ones have collars (XEiras;a) equally with the yoke-.bigae.  When a third horse was added, it was  horses, wve may presume that from the top of these
7 —.
proceeded the ropes which were tied to the rim of and an attitude whiclh seem not unfrequently to be
the car, and by which the trace-horses assisted to  intended in antique representations.
draw it.  The first figure  in the annexed woodcut    The currus, like the cisium, was adapted to
is the chariot of Aurora, as painted on a vase found   carry two persons, and on this account was called
at Cmimosa. (Gerhard, iiber ichtgottlheiten, pl. iii. in Greek 8ippos.  One of the two was of course
fig. 1.)  The reins of the two middle horses pass  the driver.  I-Ie was called i7{voxos, because he
through rings at the extremities of the yoke.  All held the reins, and his companion 7rapalze7s'
the particulars which have been mentioned are still from going by his side or near him.  Though in all
more distinctly seen in the second figure, taken  respects superior, the 7rapalaTr?ls was often obliged
from  a terra-cotta at Vienna.  (Ginzrot, vol. ii. to place himself behind the 7{vfXos.    He is so repp. 107, 108.) It represents a chariot overthrown  presented in the bigae at p. 101, and in the Iliad
in passing the goal at the circus.  The charioteer  (xix. 397) Achilles himself stands behind his chahaving fallen backwarcls, the pole and yoke are  rioteer, Automedon.  On the other hand, a perthrown upwards into the air; the two trace-horses  sonage of the highest rank may drive his own carhave fallen on their knees, and the two yoke- riage, and then an inferior may be his wapatCaTrIs,
horses are prancing on their hind legs.            as when Nestor conveys Machaon (Trdp' Be Maxacwv
If we may rely on the evidence of numerous /3zgve, I. xi. 512, 517), and Hera, holding the
works of art, the currus was sometimes drawn by  reins and whip, conveys Athena, who is in fill
four horses without either yoke or pole; for we see armour (v. 720-775).  Ill such cases a kindness,
two of them diverging to the right hand and two  or even a compliment, was conferred by the driver
to the left, as in the cameo in the royal collection of upon him  whom  he conveyed, as when DionyI3erlin, which exhibits Apollo surrounded by the  sius, tyrant of Sicily,'"himself holding the reins
signs of the zodiac.  If the ancients really drove made Plato his 7rapatCdw7/s."  (Aelian, V. H. iv.
the quadrigae thus harnessed, we can only suppose  18.)
thlie charioteer to have checked its speed by pulling    Chariots were frequently  employed on the field
up the horses, and leaning with his whole body  of battle not only by the Asiatic nations, but also
backwards, so as to make the bottom of the car at by the Greeks in the heroic age.  The &Aosrrles,
its hindermost border scrape the ground, an act i. e. the nobility, or men of rank, who were comr
-~~~~~~~~~~N-                 7       /~~~~~~~~~~~~~~~~~~~~~~~~~~~




380               CUR JRUS.                                        CYATHUS.
plete suits of armour, all took their chariots with  marble, an example of which last is shown in
them, and in an engagement placed themselves in  the preceding woodcut from  an ancient chariot
front.  In the Homeric battles we find that the  in the Vatican, were among the most beautiful
horseman, who for the purpose of using his weapons, ornaments of temples and other public edifices.
and in consequence of the weight of his armour, is  No pains were spared in their decoration; and
under the necessity of taking the place of 7rapat- Pliny informs us (I-i. N. xxxiv. 19) that some
~dcros (see above the woodcut of the triga), often  of the most eminent artists were employed upon
assails or challenges a distant foe from the chariot; them.  In numerous instances they were debut that, when he encounters his adversary in  signed to perpetuate the fame of those who had
close combat, they both dismount, " springing from  conquered in the chariot-race. (Panus. vi. 10.) As
their chariots to the ground," and leaving them to  the emblem  of victory, the quadriga was somethe care of the )vL'oxeo.  (II. iii. 29, xvi. 426, 427, times adopted by the Romans to grace the triumxvii. 480-483; Hes. Scnt. Here. 370-372.)  phal arch by being placed on its summit; and
As soon as the hero had finished the trial of his  even  in the  private houses of great families,
strength with his opponent, he returned to his  chariots were displayed as the indications of rank,
chariot, one of the chief uses of which was to rescue  or the memorials of conquest and of triumph.
him from danger.  These chariots, as represented  (Juv. viii. 3.)                      [J. Y.]
on bas-reliefs and fictile vases, were exceedingly    CURSO'RES, slaves, whose duty it was to
light, the body often consisting of little besides a  run before the carriage of their masters, for the
rim fastened to the bottom and to the axle.  Thus  same purpose as our outriders.  They were not
we find Dionmed, in  his nocturnal visit to the  used during the times of the republic, but appear
enemy's  camp, deliberating whether to  draw  to have first come into fashion in the middle of the
away the splendid chariot of Rhesus by the pole, first century of the Christian aera.  The slaves
or to carry it off oln his shoulder. (Ii. x. 503-505). employed for this purpose appear to have freIn later times the chariots were chiefly em- quently been Numidians.  (Senec. Ep. 87, 126;
ployed in the public games.  Their form was the  Marc. iii. 47, xii. 24; Petrols. 28.)  The word
same, except that they were more elegantly deco- cursores was also applied to all slaves, whom
rated.  Chariots were not much used by the Ro- their masters employed in carrying letters, moesinans.  The most splendid kind were the quad- sages, &c.  (Suet. Ncer. 49, Tit. 9; Tacit. Agric.
rigae, in which the Roman generals and emperors  43.)
rode when they triumphed.  The body of the    CURSUS.  [CIRcvs.]
triumphal car was cylindrical, as we often see it    CURU'LIS SELLA.  [SELLA CURUIIS.]
represented on medals.  It was enriched with    CUSTO'DES.  [CoMITIA, p. 336, b.]
gold (aureo cusrts, Flor. i. 5; Hor. Epod. ix. 22)    CUSTO'DES,  CUSTO/DIAE.    [CASTRA,
and ivory (Ov. Trist. iv. 2. 63, Pozt. iii. 4. 35). p. 250, b.]
The utmost skill of the painter and the sculptor    CUSTOS URBIS.  [PRAEFECTUS URBI.]
was employed to enhance its beauty and splendoulr.    CYtATHUS (halosE), is one of the numerous
More particularly the extremities of the axle, of words, containing the element rev, and signifying
the pole, and of the yoke, were highly wrought inl  something hollow: it is applied, for example, to
the form of animals' heads.  Wreaths of laurel the hollow of the hand.  Its general meaning is a
were sometimes hung round it (curruniz lacrige- cip of any kind; and it constantly occurs as the
rumst, Claudian, De Laud. Stil. iii. 20, Tert. Cons. name of a sort of drinking vessel used by the RoHonor. 130), and were also fixed to the heads of mans, who borrowed it from the Greeks (Varro,
the four snow-white horses. (Mart. vii. 7.)  The  De Linzg. Lat. v. 124, ed. Miiller); but whether
car was elevated so that he who triumphed might it designates the cup out of which the wine was
be the most conspicuous person in the procession, drunk, or the small ladle by means of which it
and for the same reason he was obliged to stand  was transferred from  the mixing-bowl (KcpaT'p)
erect (in currs stanstis eburzno, Ovid, 1. c.).  The  into the drinking-cup, is a disputed point.  Orelli
triumphal car had in general no pole, the horses  asserts that it is never used in the latter sense,
being led by men who were stationed at their  and that the ladle was called imriXvels, or trulla
inarlia (Ad Hos'at. oarsm. iii. 8. 13).  But the
passages in which the word occurs bear out the
opinion of Becker, that the ladle was called cyChariots executed in terra  cotta (qeadriegae
fictiles, Plin. H. A. xxviii. 4), in bronze, or in




CYMBALUM.                                          CYMBALUM.                    381
athits. (See the Lexicon2s of Scott and Liddell,  the grammarians and lexicographers; but the deSeiler and  Jacobitz, and  Facciolati; Becker,  scriptions of the latter are so vague, that it is imChariklcs, vol. i. p. 463.)  Two of these cyathi possible to identify one with the other.  A large
are represented in the preceding woodcut, from   class of cymbals was termed Icpob/iara, which, if
the Museo Borbonico, vol. iv. pl. 12.  They were  they were really distinct from  the KpO'TaXa, as
usually of bronze or silver.  The cyateus is re-  Spohn and Lampe suppose, cannot now be exactly
ferred to as a measure of the quantity of wine  described.  [CROTALU5J.]  The annexed drawing
which a person drank. (Hor. Caren. iii. 8. 13, 19. of a, poi4la is taken from an ancient marble, and
12.)  A slave was appointed to supply the drink-  inserted on the authority of Spohn (MAiscell. sec. 1.
ing-cups of the banqueters by means of the cy- art. 6. fig. 44).
athus.  (Hor. Carre. i 29. 8; Suet. Caes. 49;
Juv. Sat. ix. 46.)
Another sense in which the word occurs is, in
surgery, for a cup for cupping (Aristoph. Zys.
444, Paxt, 542; Aristot. Probl. ix. 9).                                            N
The c.yathus was a definite measure,. with both
the Greeks and the Romans, containing one-twelfth
of the sextarius.  It was the uncia, considered with
reference to the sextarius as the unit; hence we
have sextans used for a vessel containing the sixth
of the sextarius, or two cyatli, quadrans for one
containing three cyatihi, triens for four cyathi, quincunx for five cyatli, &c.  (Wurm. De Ponderibus, Mensuris, &c.; Hussey On Ancient Weights,
&c.)                                   [P.s.]\
CYCLAS (KourAs),   a circular robe worn by
women, to the bottom  of which a border was                         1
affixed, inlaid with gold. (Prop. iv. 7. 40.) Alexander Severus, in his other attempts to restrain the
luxury of his age, ordained that women should
possess only one cyclas each, and that it should
not be adorned with more than six unciae of gold.    The ip4uaia   mentioned in the Homeric hymn
(Lamp. Alex. Sev. 41.)  The cyclas appears to  to Apollo (161-164), were of this kind, played
have been usually made of some thin material  on by a chorus of Delians.  The scabilla or KpOv(teluei in cclcade, Juv. vi. 259).  It is related, ireira were also on the same principle, only played
among other instances of Caligula's effeminacy,  with the foot, and inserted in the shoe of the per.
that he sometimes went into public in a garment  former; they were used by flute-players, perhaps
of this description.  (Suet. Cal. 52.)            to beat time to their music.  (Pollux, x. 33.)
CYCLOPEIA.  [ARCH1TECTURA].                     Other kinds of cymbals were, the 7rAtaTa-y, an
CYMA (Kua), in architecture, an oee, a wave-  invention of Archytas, mentioned by Aristotle
shaped moulding, consisting of two curves, the  (Pol. viii. 6), and its diminutive  rXaTa-ycslov,
one concave and the other convex.  There were  which, from  the description  of Julius  Pollux
two forms, the cynza arecta, which was concave above, and Hesychius  (s. e.), appears to have been a
and convex below, thus, 7, and the ciann reve-se,  child's rattle: 6SWuapa, the two parts of which
which was convex above and concave below, thus,  Suidas tells us (s. v.) were made of different mate3.  The diminutive c~ysnetisensor  cmea/innsm (cua-'  terials for the sake of variety of sound: KoTv'al,,rLov) is also used. and is indeed the more common mentioned in the fragments of Aeschylus, with
name.  The original form of the cymnatiuez, was,  sveral others, noted by Lampe  in his work  e
however, a simple hollow  (the cavetto) thus  f. Cynzbalis, but perhaps without sufficient authority.
The cymbal was usually made in the form of two
other the cyazl/ised  Lesdiceum.  (Aesch. Fi. 70, ed. half globes, either running off towards a point so
Dindorf.; Bckh. Cop. ascr. vol. i. p. 284; Vitruv.  as to be grasped by the whole hand, or with a
iii. 3. s. 5. ~ 7, Schn. iv. 6. ~ 2-6; Gruter, Inser.
p. ccvii; Muller, ArclAiol. d. Kunst, ~ 274; Mauch,
Gri. und Rlm. Bauord. pp. 6, 7: for examples, see
the profiles on p. 326.                [P.S.] 
CYMA/TIUM.  [CYMA.]. 
CYMBA  (KtciSC   ) is derived from  cS/A~oe, a                V
hollow, and is employed to signify any small kind
of boat used on lakes, rivers, &c. (Cic. De O2:J iii.
14; Aen. vi. 303.) It appears to have been much
the same as the a&cdsriov and scaphlta.
CY'MBALUM  (K'u   aXov), a musical instrument, in the shape of two half globes, which were
held one in each hand by the performer, and played                 / \
by being struck against each other.  The word is
originally Greek, being derived from  tics/xos, a                  f~(      \
hollow, with which the Latin cymnba, cysmbisn, &c.
seem to be connected.  Several kinds of cymbals  handle.  It was commonly of bronze, but someare found on ancient monuments, and on the other  times of baser material, to which Aristophanes
hand a great many names have been preserved by  alludes (Ranae, 1305).  The preceding woeedut




382              DA.EDALA.                                       DAMIARETION.
of a cymbalistria is taken from an ancient marble, place at shorter intervals, though he was unabie
and given on the authority of Lampe.             to discover the exact time.
The cymbal was a very ancient instrument,    This festival was celebrated by the Plataceans
being used in the worship of Cybele, Bacchus, alone, and was called the lesser Daedala (AaiSaxa
Juno, and all the earlier deities of the Grecian and  puLrcpa), and was celebrated in the following manRoman mythology.  It probably came from  the  ner: — In the neighbourhood of Alalcomene was
East, from whence, through the Phoenicians, it was  the greatest oak-forest of Boeotia, and in it a
conveyed to Spain  (compare Martial's Baetica  number of oak trunks.' Into this forest the PlaCrumnata).  Among the Jews it appears (from  taeans went, and exposed pieces of cooked meat to
2 Chron. v. 12, 13; Nehem. xii. 27) to have been  the ravens, attentively watching upon which tree
an instrument in common use.  At Rome we first any of the birds, after taking a piece of the meat,
hear of it in Livv's account of the Bacchic orgies, would settle; and the trees on which any of the
which were introduced from Etruria. (xxxix. 9.)   ravens settled, were cut down and worked into
For sistrnam, which some have referred to the  daedala, i. e. roughly hewn statues.
class of cyn5ala, see SISTRaiM.       [B. J.]      The great Daedla (AlaiaXa ~eyaXa), in the
CYRBEIS (KSpPlel).  [AXONES.]                  celebration of which the Platacans were joined by
CYZICE'NUS OECUS.  [DoMus].                   the other Boeotians, took place every sixtieth year;
CYZICE NUS NUMMUS.  [STATER].                  because at one time when the Plataeans were absent from their country, the festival had not been
celebrated for a period of sixty years. At each of
D.                        the lesser Daedala fourteen statues were made int
the manner described above, and distributed by lot
DACTYLIOTHE'CA (8aK TvuXo{vK7),acase or among the towns of Plataeae, Coroneia, Thespiae,
box where rings were kept. (Mart. xi. 59.) The  Tanagra, Chaeroneia, Orchomenos, Lebadeia, and
name was also applied to a cabinet or collection of Thebes; the smaller towns took one statue in
jewels.  We learn from Pliny (H. N. xxxvii. 5), common.  The Boeotians assembled on the banks
that Scaurus, the step-son of Sulla, was the first of the Asopus; here a statue of Hera was adorned
person at Rome who had a collection of this kind, and raised on a chariot, and a young bride led the
and that his was the only one till Pompey brought  procession.  The Boeotians then decided by lot
to Rome the collection of Mithridates, which he  in what order they were to form the procession,
placed in the capitol.                           and drove their chariots away from  the river and
DA'CTYLUS  (daCruXeoS), a Greek measure, up mount Cithaeron, on the summit of which an
answering to the Roman diyitus, each signifying a  altar was erected of square pieces of wood, fitted
finger-breadth, and being the sixteenth part of a  together like stones.  This altar was covered with
foot. [PEs.]  (See the Tables.)       [P. S.]    a quantity of dry wood, and the towns, persons of
DADU'CHUS.  [ELEUSINIA.]                      rank, and other wealthy individuals, offered each
DAE'DALA or DAEDALEIA (ai'aXAa, Sal- a heifer to Hera, and a bull to Zeus, with plenty
8aXsa), were names used by the Greeks to sig- of wine and incense, and at the same time placed
nify those early works of art which were ascribed  the daedala upon the altar.  For those who did
to the age of Daedalus, and especially the ancient not possess sufficient means, it was customary to
wooden  statues, ornamented with  gilding and  offer small sheep, but all their offerings were burnt
bright colours and real drapery, which were the  in the same manner as those of the wealthier perearliest known forms of the images of the gods, sons.  The fire consumed both offerings and altar,
after the mere blocks of wood or stone, which  and the immense flame thus kindled was seen far
were at first used for symbols of them.  (See and wide.
Diet. of Greek and Roman Biog., art. Daedalus,'l'he account of the origin of the daedala given
vol. i. p. 928.)                      [P. S.]    by Pausanias agrees in the main points with the
DAE'DALA (halhaXa), a festival, celebrated in  story related by Plutarch (apud Ezuseb. De PraeBoeotia in honour of Hera, surnamed Nmu.pesuo/uten parat. Evang. iii. p. 83, and 1'raemn. p. 759, &c.
or TAep'a (Paus. ix. 2. ~ 5).  Its origin and mode  ed. W]yttenb.), who wrote a work on the Plataeanof celebration are thus described by Pausanias (ix. daedala; the only difference is that Plutarch re3. ~ 1, &c.):-Hera was once angry with Zeus, and  presents Zeus as receiving his advice to deceive
withdrew herself to Euboea.  Zeus not being able  Hera from Alalcomenes; and that he calls the
to persuade her to return, went to Cithaeron, who  wooden statue by which the goddess was to be dethen governed Plataeae, and who was said to be  ceived Daedala, instead of Plataea.  Plutarch also
unequalled in wisdom.  He advised Zeus to get a  adds some remarks respecting the meaning of the
wooden statue, to dress and place it upon a chariot, festival, and thinks that the dispute between Zeus
and to say that it was Plataea, the daughter of and Hera had reference to the physical revolutions
Asopus, whom he was going to marry.  Zeus fol- to which Boeotia, at a very remote period, had
lowed the advice of Cithaeron, and no sooner had  been subject, and their reconciliation to the restorHera heard of her husband's projected marriage  ation of order in the elements.  (See Creuzer,
than she returned.  But when, on approaching the  Symnbol. und Mythol. ii. p. 580, and Miiller's Orchariot and dragging off the coverings, she saw the  chone. p. 216, &c. 2d edit.)       [L. S.]
wooden statue, she was pleased with the device,   DAMARE'TION  (Aayap'etlor,             XppSooiov), a
and became reconciled to Zeus.  In remembrance  Sicilian coin, respecting which there is much disof this reconciliation the Plataeans solemnised the  pute.  Diodorus tells us (xi. 26) that after Gelon's
festival of the daedala, which owes its name to  great victory over the Carthaginians at Himera, his
AaiahAa, the name by which, in ancient times, wife Damarete prevailed upon him to grant them
statues were designated. (See preceding article.) moderate terms of peace; and that the Cartha.
Pausanias was told that the festival was held  ginians, as a token of their gratitude, presented
every seventh year, but he believes that it took  Damearete with a golden crown of one hundred




DAMINU-M INFECTUM.                             DAMINUM INJURIA DATUM. 3833
talents' weight; upon receiving which, she struck r another in consequence of its dilapidated state, the
the coin, which was called, after her, 6a1tqcpsrTeov, owner of the dilapidated property might be required
and which contained ten Attic drachmae, and was  to repair it or to give security against any damage
called by the Sicilians 7rEvTlKo.VTaA'Tpyo', from  that might be caused by the state of his building.
its weight.  (Comp. Schol. ad Pind. 01. ii. 1.)  The security (cautio) was demanded by an actio in
The story is told somewhat differently by other factum, in all cases where the security could be
writers, namely, that Damarete and the ladies of required. Every person who was in possession of the
the court gave up their ornaments to be coined into  property that was threatened, whether as owner or
mnoney, in order to supply Gelon's necessities during  in any other right (but not a bonae fidei possessor),
the war.  (Pollux, ix. 85; Hesych. s. v. An-/ape-  could claim this cautio. (Dig. 39. tit. 2. s. 5. ~ 2;
n-Lop.)  In an epigram ascribed to Simonides, who  13. ~ 5, 18; 13. ~ 4, 9.) The owner of the ruinous
was probably living at the court of Gelon at this  property or any person who had a right therein, and
very time (Schol ad Pird. Pylth. i. 155;.4nth. Pal. a bonae fidei possessor, might he required to give this
vi. 214; No. 196, Schneidewin), it is said that cautio, which might be given by a simple promise
Gelon and his brothers dedicated to the Pythian  or by giving sureties.  The complainant had to
Apollo, after their victory over the barbarians, a  swear that he did nIot require the cailtio calumniae
tripod Aaperiov XpvoO, where there can be no  causa (Dig. 39. tit. 2. s. 7; IDQVE. NON. If. Rc.
doubt that Bentley is right in reading AayLapE74rov, SE. FACERE. IViRAVERIT. Tab. Vel. c. xx.)
but it is not equally certain whether the last two    If the defendant wrongfully refused to give the
lines of the epigram  are not altogether spurious. security, the complainant was empowered to enter
(Comp. Schneidewin, ad loc., and Bickh, Afetrol. upon the property which threatened the damage,
Untersuch. p. 304.)  At all events, the passage is and apparently for the purpose of protecting himan indication of the uniform  tradition respecting  self against it; if this produced no result, the dethis " Damaretian gold;" the exact history of fendant was ejected, and the complainant was
which is of very little consequence compared with  allowed to take possession of the property, and the
the identification of the coinage to which the state-  defendant lost all his rights to it.
menlts refer.  From all the discussion of this point    If a ruinous house (aedes ruinosae) fell and
by Eckhel, Miiller, Hussey, B3ckh, and others, damaged a neighbour before any cautio had been
the most probable conclusion seems to be that the  given, all the right that the damaged person had
coin was of gold and not of silver (although coins  was to retain the materials that had fallen on his
of equal value were at some time or other struck  land (Dig. 39. tit. 2. ss. 6, 7. ~~ 2, 8); but it seems
in silver also), and that the statements which give  that the owner of the ruinous house could, it he
its weight as fifty Sicilian litras, or ten Attic  liked, pack up the materials and carry them  off.
drachmae, are to be understood, not literally of its  (Cic. Top. 4, In Verr. i. 56; Inst. 4. tit. 5; ThiueigAt, but of its value, as estimated by those  baut, System, &c. ~ 274, &c. 9th ed.)   [G. L.]
iweights of silter: in short, it was a gold coin, equal    DAMNUM  INJURIA DATUM. The most
in value to fifty litrae or ten Attic drachmae of usual form of proceeding in cases of Damnum insilver; that is, a half stater.  (Eckhel, Doct. ANom. juria datum was by the Lex Aquilia (Dig. 9. tit. 2),
Vet. vol. i. p. 250; Hussey, On Azcient Weighls, which repealed all previous legislation on the subp. 57. &c.; Biickh, Mlletrologische UntersuclZungen, ject.  This Lex Aquilia was a plebiscitum, which
p. 304, &c.)                            [P.S.]    was proposed by Aquilius, a tribunus plebis. If the
DAMIURGI.  [DEMIURGI.]                           owner of the damaged thing sued, there might be
DAMNUM.  Damnum signifies generally any  two cases.  The damage might be done by corloss or damage which a person has sustained in his  poreal contact of the wrongdoer (corpore), or by
property (damnum   datum, ftictum), or damage  something which he directed, and done to another
which he has reason to fear (damnum  infectum). thing (corpus), so as to impair its value or destroy
(Dig. 39. tit. 2. s. 2.)  Damnumr  actually done is it; and in this case there was the directa actio
generally called damnum simply.  The liability to  Legis Aquiliae.  The first chapter provided that
make good a loss is praestare damnum.              if a niman killed (injuria, that is, dolo anut culpa,
The causes of damage are either chance, acci-  Gaius, iii. 211) a slave or quadruped (quae pecudum
dent (casus), or the free acts or omissions of rea- numero sit) which belonged to another, he was
sonable human beings.  (Dig. 9. tit. 2. s. 5. ~ 2.)  bound to pay the highest value that the slave or
If the damnum is caused by the just exercise of a  animal had within the year preceding the unlawright, it is indirect.  In any other case it is direct ful act.  If the wrongdoer wilfully denied the fact
or iinjuria datum; and when it is injuria datum, of the damage, he was liable to make compensation
there may be neither dolus nor culpa, or there may  to double the value.  The third chapter provided
be either one or the other.                        for the case of a slave or quadruped (quae pecudum,
The obligation tomake compensation for damage  &c.) being  daniaged, or any thing else being
arises either from  dolus malus, culpa, and mora,  damaged or destroyed.  In this case he had to
which in fact is included in culpa, and out of con- pay the highest value that the thing had within
tracts.  A  man is not bound to make compensa- the thirty days preceding the unlawful act.  If
tion for indirect loss or damage (Dig. 39. tit. 2. the damage was done to a thing (corpus), but not
s. 26; 47. tit. 9. s. 3. ~ 7); nor for direct damage, by a corpus, there was an actio utilis Legis Aquiif neither doles nor culpa can be imputed to him, liae, which is also an actio in factum or on the
as if he be mad..(Dig. 9. tit. 2. s. 5. ~ 2, 30. ~ 3; case.  Such a case would occur when, for instance,
Thibaut, Systenm, &c., 9th ed. ~ 163.)  As to  a man should purposely drive his neighbour's beast
damage done by an animal, see PAUPERIES. [G.L.]  into a river and it should perish there.  (Dig. 9.
DAMNUM  INFECTUM, is damage (dam- tit. 2. s. 7. ~ 3, 9.)
num) not done, but apprehended.  (Dig. 39. tit. 2.    If the thing was not damaged, but the owner
s. 2.)  The praetor's edict provided for such cases. was damaged, there might be an actio in factum;
If the building of one man threatened damage to  as, for instance, if a man out of compassion loosed




384           DAPtIi  EPIIORIA.                                    DA RICUS.
a]nother manl's slave who was bound and so gave  ones are suspended; purple garlands, smaller thais
him  the opportunity of escaping.  A  man who  those at the top, are attached to the middle part
was not owner, might have an actio utilis legis  of the wood, and the lowest part is covered with a
Aquiliae or in factum, if he had an interest in the  crocus-coloured envelope.  By the globe on the
thing, as a fructuarius, usuarius, a bonae fidei pos-  top they indicate the sun, which is identical with
sessor, or a person who had received a thing as a  Apollo; the globe immediately below the first,
pledge.                                          represents the moon; and the smaller suspending
If a man's slave was killed, the owner might globes are symbols of the stars.  The number of
sue for damages under the Lex Aquilia, and  garlands being 365, indicates the course of the
prosecute for a capital offence.                 year.  At the head of the procession walked a
(Cic. Pro Roscio Conzoedo, c. 11; Gaius, iii. youth, whose father and mother must be living.
210, &c.; Inst. 4. tit. 3; Thibhaut, System, &c., This youth was, according to Pausanias (ix. 10.
9th ed. ~ 551, &c.; Rein, Das Riomiscle Privat-  ~ 4), chosen priest of Apollo every year, and called
reclt.)                              [G. L.]    6apv7qpedpos: he was always of a handsome figure
DAMOSIA  (3auoo'a), the escort or suite of and strong, and taken from the most distinguished
the Spartan kings in time of war.  It consisted of families of Thebes.  Immediately before this
his tent-comrades (vode Vvoi), to whom  the pole- youthful priest walked his nearest kinsman, who
marchs, Pythians, and three of the equals (Moioeol) bore the adorned piece of olive-wood, which was
also belonged (Xen. Rep. Lac. xiii. 1); of the  called Kcorc&.  The priest followed, bearing in his
prophets, surgeons, flute-players, volunteers in the  hand a laurel-branch, with dishevelled and floating
army (Xen. Rep. Lac. xiii. 7), Olympian conquerors  hair, wearing a golden crown on his head, a
(Plut. Lye. 22), public servants, &c. The two  magnificent robe which reached down to his feet
ephors, who attended the king on military expedi-  (iro1op-ls), and a kind of shoes called'IttKPdrt'LES,
tions, also formed part of the damosia.  (MUller, from the general, Iphicrates, who had first introDorians, iii. 12. ~ 5.)                          duced them.  Behind the priest there followed a
DANACE (8ar/cci), the name of a foreign coin, choir of maidens with boughs in their hands and
according to IHesychius (s. v.) worth a little more  singing hymns.  In this manner the procession
than an oholos. According to some writers, it was went to the temple of Apollo Ismenius or Galaxius.
a Persian coin.  (Pollux, ix. 82,' and Hemster. ad  It would seem from Pausanias that all the boys of
loc.)  This name was also given to the obolos, the town wore laurel garlands on this occasion,
which was placed in the mouth of the dead to pay  and that it was customary for the sons of wealthy
the ferryman in Hades (HIesych. s.v.; Lucian, De  parents to dedicate to the god brazen tripods, a
Luzcti, c. 10, Mort. Dial. i. 3, xi. 4, xxii. i.)  At considerable number of which were seen in the
the opening of a grave at Same in Cephallenia, a  temple by Pausanias himself.  Among them was
coin was found between the teeth of the corpse. one which was said to have been dedicated by
(Stackelberg, Die GrWiber der Hellenen, p. 42; Amphitryon, at the time when  Heracles was
Becker, Cmsrikles, vol. ii. p. 170.)             daphnephorus.  This last circumstance shows that
DANEISMA  (8Uc'Etsya).  [FENUS.]               the daphnephoria, whatever changes may have
DAPIINEPHO'RIA (aopvlpopia), a festival bean subsequently introduced, was a very ancient
celebrated every ninth year at Thebes in honour festival.
of Apollo, surnamed Ismenius or Galaxius.  Its    There was a great similarity between this fesname wasderived from the laurel branches (dpfeat) tival and a solemn rite observed by the Delphians,
which were carried by those who took part in its  who sent every ninth year a sacred boy to Tempe.
celebration.  A full account of the festival is given  This boy went on the sacred road (Plut. QuCtest.
by Proclus (Cli'estoimath. p. 11). At one time all Gr. 12), and returned home as laurel-bearer (8arthe Aeolians of Arne and the adjacent districts, at vlqidpos) amidst the joyful songs of choruses of
the command of an oracle, laid siege to Thebes, maidens.  This solemnity was observed in comwhich was at the same time attacked by the Pe- memoration of the purification of Apollo at the
lasgians, and ravaged the neighbouring country. altar in Tempe, whither he had fled after killing
13Ut when the day came on which both parties had  the Python, and was held in the month of Tharto celebrate a festival of Apollo, a truce was con- gelion (probably on the seventh day). It is a very
cluded, and on the day of the festival they went probable conjecture of Miiller (Dor. ii. 8. ~ 4) that
with laurel-boughs to the temple of the god.  But the Boeotian daphneplhoria took place in the same
Polematas, the general of the Boeotians, had a  month and on the same day on which the Delphian
vision in which he saw a young man who pre- boy broke the purifying laurel-boughs in Tempe.
sented to him a complete suit of armour, and who    The Athenians seem likewise to have celebrated
made him vow to institute a festival, to be cele- a festival of the same nature, but the only mention
brated every ninth year, in honour of Apollo, at we have of it is in Proclus (ap. Photiusm, p. 987),
which the Thebans, with laurel-boughs in their who says that the Athenians honoured the seventh
hands, were to go to his temple.  When, on the  day as sacred to Apollo, that they carried laureltllird day after this vision, both parties again were  boughs and adorned the basket (caveouy, see CANxengaged in close combat, Polematas gained the  PHOnOS) with garlands, and sang hymns to the
victory.  He now fulfilled his promise, and walked  god.  Respecting the astronomical character of
himself to the temple of Apollo in the manner pre- the  daphnephoria see Miuller, Orclhome. p. 215,
scribed by the being he had seen in his vision. 2d edit.; and Creuzer, Symbol. und 1r1ftAiol. ii.
And ever- since that time, continues Proclus, this p. 160.                              [L. S.]
custom has been strictly observed. Respecting the    DARI'CUS (SapEurcds), or, to give the name in
mode of celebration, he adds:   At the daphne- full, reari7p 3apetrc's, tthe stater of Dareits (Thuc.
phoria they adorn a piece of olive wood with gar- viii. 28), was a gold coin of Persia, stamped on one
lands of laurel and various flowers; on the top of side with the figure of an archer crowned and
it a brazen globe is placed, from  which smaller kneeling upon one knee, and on the other with a




DARICUS.                                          DECASMUS.                   335
sort of quadrata incusa or deep cleft.  WVe know   which was entrusted to Timnocrates the Rhodian to
firom Herodotus (iv. 166) that Dareius, the son of bribe the demagogues of Thehes and Athens to
Hystaspes, reformed the Persian  currency, and  make his presence necessary at home. (Plut. 4ges.
stamped gold of the purest standard; and it is  15, Artax. 20, Lacon. Apopdht. p. 181.)  Arygenerally believed that the daricus was so called  andes, who was appointed governor of Egypt by
from  him.  IHarpocration, however, says (s. v.)  Cambyses, is supposed to have been the first who
that the name was older than this Dareins, and  struck these silver coins, in imitation of the gold
taken from  an earlier king.   Gesenius  (Hebr.  coinage of Dareius Hystaspis.  (Herod. iv. 166.)
Lexicon) supposes the name to be derived from an
ancient Persila   word  signifying king, or royal
palace, or the bow of the king, in aillusion to the
figure stamped upon it. The best authors, however, think that there is no sufficient ground for
supposing either the name or the coin to be older
than Dareius, the son of Itystaspes. (Bbickh,
3:letrol. Untersuch. p. 129; Grote, History of  coLn DARic. BITISH MUSrUi. ACTUAL SIzi.
Greece, vol. iv. p. 320.)
T'his coin had a very extensive circulation, not
only in the Persian empiie, but also in Greece.
The pay given by Cyrus to the soldiers of Clearchus was a daricus a month (Xen. gab. i. 3.
~ 21); and the same pay was offered to the same
troops by Thimbrion, a Lacedaemonian generall
(Ibid. vii. 6. ~ 1).  In the later books of the Old'
Testament, the daricus is supposed to be mentioned
utinder the names of adarkon (.1B1N) and darkemon (Z1u~.). (See 1 Chron. xxix. 7; Ezra, viii.
27, ii. 69  Nehem. vii. 70, 72.)                   sILVE.R DARIC BRINIsH MUSEUM. ACTUAL SIZi.
All ancient authorities agree in stating that the
daricus was the precise equivalent of the Lydian    DE'BITOR    [OnhI1ATIONES.1
and Attic stater; that is, it was equal in weight to    DECADU'CHI (3clcaaoeXoi), the members of
two Attic drachmae.   (Harpocr.; Lex. Seg.;  a council of Ten, who succeeded the Thirty in the
Suid.; Schol. ad AristopI. Eccl. 598.)   This,  supreme power at Athens, B. c. 403. (Harpocrat.
according to the ordinary ratio of gold to silver,  s. v.)  They were chosen from the ten tribes, one
10:1, would make its value equal to twenty silver  from  each (Xen. Hell. ii. 4. ~~ 23, 74); but,
drachmae; which. agrees with the statement of though opposed to the Thirty, they sent ambasXenophon (Aeab, i. 7. ~ 18.; comp. Arrian. Azsab.  sadors to Sparta to ask for assistance against
iv. 18).                                           Thrasybulus  and the exiles.   They remained
Five darics made a mina of silver, and 300  masters of Athens till the party of Thrasybulus
darics a talent.  Xenophon also mentions half  obtained possession of the city and the democracy
darics ( /tk3apEltco0s, Anab. i. 3. ~ 21.)         was restored.  (Lys. c. Eratosth. p. 420; W5achsThe value of the daricus in our money, computed  muth, Ifellen. Allerthsfeisk. vol. i. p. 646, 2d ed..)
from the drachma, is 16s. 3d.; but if reckoned by    DECA'IRCHIA or DECADA/RCI-HIA (setpcomparison with our gold money, it is worth much  Xva,  sEtcraapXLa), was a supreme council esta.
more.  The darics in the British Miuseum weigh  blished in many of the Grecian cities by the
128'4  grains and  128'6  grains,  respectively.  Lacedaemonians, who intrusted to it the whole
IHussey (Ancient Weights, &c. vii. 3) calculates  government of the state under the direction of a
the darienus as containing on an average about 123'7  Spartan harmost.   It always consisted of the
grains of pure gold, and therefore equal in value  leading members of the aristocratical party. (Harto1237 of a sovereign, or about. Is. l d..'76  pocrat, s. v.; Schneider, ad Aristot. Pol. ii. 146,
1to  l512         0147.)  This form of government appears to have
farthings.                                         been first established by Lysander at Ephesus.
Very few darics have come down to us; their  (Plut. Lys. 5; WVachsmuth, liellen. Alterlhumsk.,
scarcity may be accounted for by the fact, that vol. i. p. 517, 2d ed.)
after the conquest of Persia, they were melted    DECASMUS   (6taoaeds), bribery.   There
down and recoined under the type of Alexander.   were two actions for bribery at Athens: one,
There were also silver darics, bearing the same  called   rcao'~toi Ypap,~, lay against the person
device as the gold,  namely, the  figure of an  who gave the bribe; and the other, called &0?peer
archer.  (Plut, Cif.,. 1 0; Aelian. V. ti. i. 22.)  or acopoaoeias?padpal, against the person who reTheir weights vary fiom  224 to 230 grains:  ceived it.  (Pollux, viii. 42.)  These actions apthose of the latter weight must have been struck, plied to the bribery of citizens in the public asas was not very unusual in old coinisges, some-  semblies of the people (snvrE     &csrSec,,iv r7'p cicAno-iea
what above the true weight; they seem  to have  Aesch. c.. Tiiarcl. p. 12), of the Heliaea or any of
been didrachus  of the Babylonian or Egyptian  the courts of justice, of the Bovx{, and of the public
standard.                                          advocates (  vsuyyipos,  Dem. c. Staphl. ii. p. 1137.
In allusion to the device of an archer, the  I),  Demosthenes (De  Falsa Leg. p. 343), indarics were often called'r4~ora,  and it is related of deed, says that orators were forbidden by the law,
Agesilaus, that, when recalled to Greece,   he said inot merely to abstain from  receiving gifts for the
that the Persian  king had driven him out of Asia  injury of the state, but even to receive any present
by me~ns of 30,000 bowmen, referring to the sum  at all,
~c




386             DECEMVIRI.                                       I)ECEMVIRI.
According to Aristotle (apud Haspocrat. s. v. engraven on tables of metal, and set up in the
B~ci.dwsv), Anytus was the first person at Athens  comitium.
who bribed the judges; and we learn from           On the expiration of their year of office, all
Plutarch (Coriol. c. 14) that he did so, when he  parties were so well satisfied with the manner in
was charged of having been guilty of treachery at which they had discharged their duties, that it was
Pylos, at the end of the Peloponnesian war. Other resolved to continue the same form of government
writers say that Melitus was the first person who  for another year; more especially as some of the
bribed the judges.  (Petit. Leg. Att. p. 427, and  decemvirs said that their work was not finished.
Duker's note.)                                   Ten new decemvirs were accordingly elected, of
Actions for bribery were under the jurisdiction  whom Appius Claudius alone belonged to the former
of the thesmothetae. (Dem. c. Step/h. I.c.)  The  body (Liv. iii. 35; Dionys. x. 53); and of his
punishment on conviction of the defendant was  nine new colleagues, Niebuhr thinks that five were
death, or payment of ten times the value of the  plebeians. These magistrates framed several new
gift received, to which the court might add an ad- laws, which were approved of by the centuries,
ditional punishment (7rpoo~i/V7/ya).  Thus Demos-  and engraven on two additional tables.  They
thenes was sentenced to a fine of 50 talents by an  acted, however, in a most tyrannical manner. Each
action for bribery, and also thrown into prison. was attended by twelve lictors, who carried not
(Bdckh, Publ. Econ. of Athens, p. 384, 2d ed.; the rods only, but the axe, the emblem of soveMeier, Att. Process, p. 352.)                    reignty. They made common cause with the patriDECASTY'LOS.  [TEMPLUM.]                      cian party, and committed all kinds of outrages
DECATE (8EeiK't7). [DECUMABE.                 upon the persons and property of the plebeians and
DECEIMPEDA, a pole ten feet long, used by  their families.  When their year of office expired
the agrimensores in measuring land. (Cic. Pro kAli. they refused to resign or to appoint successors.
27; Hor. Carnm. ii. 15. 14; Cic. lPlilipp. xiv. 4.)  Niebuhr, however, considers it certain that they
Thus we find that the agrimensores were sometimes were appointed for a longer period than a year;
called decemnpedatores (Cic. Plilipp. xiii. 18). The  since otherwise they would not have been required
decempeda was in fact the standard land-measure. to resign their office, but interreges would at the
[AcTus; AGRIMENSORES.]                           expiration of the year have stepped into their place.
DECEM  PRIMI.  [SENATUS.]                      This, however, does not seem conclusive; since the
DECE'MVIRI, the Ten Men, the nasme of decemvirs were at the time in possession of the
various magistrates and functionaries at Rome.   whole power of the state, and would have pre1. DECEsnVIRI  LEGIBUS SCRIBENDIS, were ten  vented any attempt of the kind.  At length, the
persons, who were appointed to draw up a code ofl unjust decision of App. Claudius, in the case of
laws, and to whom the whole government of the  Virginia, which led her father to kill her with his
state was entrusted.  As early as B. c. 462, a  own hands to save her from prostitution, occasioned
law  was proposed by C. Terentilius Arsa, that an insurrection of the people.  The decemvirs
commissioners should be appointed for drawing up  were in consequence obliged to resign their office,
a body of laws; but this was violently opposed by  B. c. 449; after which the usual magistracies were
the patricians (Liv. iii. 9); and it was not till re-established. (Niebuhr, Iist. of Rome, vol. ii.
after a struggle of nine years that the patricians  pp. 309-356; Arnold, Hist. of Rone, vol. i. pp.
consented to send three persons to Greece, to col- 250-313; Becker, Roiniisc/h. Alterthtimn. vol. ii.
lect such information respecting the laws and con- part ii. pp. 126-136.)
stitutions of the Greek states as might be useful    The ten tables of the former, and the two tables
to the Romans. (Liv. iii. 31.) They were absent a  of the latter decemvirs, together form the laws of
year; and on their return, after considerable dis- the Twelve Tables, of which an account is given
pute between the patricians and plebeians, ten  in a separate article.  [LEx DUODECIM TAB.]
commissioners of the patrician order were ap-    2. DECEAIiVIRILITIBUS or STLITIBUS JUDICANpointed with the title of " decemviri legibus scri- DIs, were magistrates forming a court of justice,
bendis," to whonm the revision of the laws was which took cognizance of civil cases.  From Pomcommitted.  All the other magistrates were ob- ponius (de Orig. Jutr. Dig. i. tit. 2. s. 2. ~ 29) it
liged to abdicate, and no exception was made even  would appear that they were not instituted till the
in favour of the tribunes; for there is no reason to  year B. c. 292, the time when the triumviri capisuppose, as Niebuhr has done, that the tribune- tales were first appointed. Livy (iii. 55) however
ship was not given up till the second decemvirate mlentioIls decemvirs as a plebeian magistracy very
(Cic. de Rep. ii. 36; Liv. iii. 32; Dionys. x. 56). soon after the legislation of the Twelve Tables
They were thus entrusted with supreme power in  and while Niebuhr (Ilist. of Rome, vol. ii. p. 324,
the state.                                       &c.) refers these  decemvirs to the decemviral
The decemviri entered upon their office at the  magistrates, who had shortly before been abolished,
beginning of B. c. 451.  They consisted of App. and thus abides by the account of Pomponius,
Claudius and T. Genucius Augurinus, the new  Gittling (Gesc/7. der RMm. Staatsv. p. 241, &c.)
consuls, of the praefectus urbi, and of the two  believes that the decemvirs of Livy are the dequaestores parricidii as Niebuhr conjectures, and  cemviri litibus judicandis, and refers their instiof five others chosen by the centuries.  They dis- tution, together with that of the centumviri, to
charged the duties of their office with diligence, Servius Tullius. [CENTUMVnRi.] But the history
and dispensed justice with impartiality. Each ad- as well as the peculiar jurisdiction of this court
ministered the government day by day in succes- during the time of the republic are involved in
sion as during an interregnum; and the fasces were  inextricable obscurity.  In the time of Cicero it
only carried before the one who presided for the  still existed, and the proceedings in it took place
day. (Liv. iii. 33.)  They drew up a body of laws, in the ancient form of the sacramentum. (Cic. pro
distributed into ten sections; which, after being  Caecin. 33, pro Domn. 29.)  Augustus transferred
approved of by the senate and the comitia, were  to these decemvirs the presidency in the courts of




DECIMATIO                                           DECUMAE.                   387
the centumviri.  (Suet. Aug. 36; Dion Cass. the republic; but is frequently mentioned in the
liv. 26.)  During the empire, this court had juris-  civil wars, and under the empire.  It is said to
diction in capital matters, which is expressly  have been revived by Crassus, after being disconstated in regard to the-.decemvirs.                tinued for a long time. (Plut. Crass. 10.)  For
3. DECEaiVIir   SACRIS FACIUNDIS, sometimes  instances of this punishment, see Liv. ii. 59; Suet.
called simply DECEMVIRI SACRORUM, were the  Aug. 24, Galba, 12; Tacit. Hist. i. 37; Dion
members of an ecclesiastical collegium, and were  Cass. xli. 35, xlix. 27, 38.
elected for life.  Their chief duty was to take care    Sometimes only the twentieth man was punished
of the Sibylline books, and to inspect them on all  (vicesinzatio), or the hundreth (centesimatio, Capitol.
important occasions, by command of the senate. JI acrin. 12).
(Liv. vii. 27, xxi. 62, xxxi. 12.)  Virgil (Aen.    DECIMATRUS.  [LQUINQUATRCS.]
vi. 73) alludes to them in his address to the Sibyl    DECRE'TUM, seems to mean that which is
" Lectos sacrabo viros."                        determined in a particular case after examination
Under the kings the care of the Sibylline books  or consideration.  It is sometimes applied to a dewas committed to two men (d uzmviri) of high  termination of the consuls, and sometimes to a derank (Dionys. iv. 62), one of whom, called Atilius  termination of the senate.  A  decretum  of the
or Tullius, was punished by Tarquinius, for being  senate would seem to differ from a senatus-conunfaithful to his trust, by being sewed up in a sack  sultum, in the way above indicated: it was limited
and cast into the sea.  (Dionys.. c.; Val. Max. i. to the special occasion and circumstances, and this
1. ~ 13.)  On the expulsion of the kings, the care  would be true whether the decretum  was of a
of these books was entrusted to the noblest of the  judicial or a legislative character.  But this dispatricians, who were exempted from all military and  tinction in the use of the two words, as applied to
civil duties.  Their number was increased about an act of the senate, was perhaps not always obthe year 367 B. c. to ten, of whom five were chosen  served. Cicero (ad Faet. xiii. 56) opposes edictum
from  the patricians and five from  the plebeians.  to decretum; between which there is, in this pas(Liv. vi. 37, 42.)  Subsequently their number was  sage, apparently the same analogy as between a
still further increased to fifteen (quindecewzviri); consultum and decretumn of the senate.  A  debut at what time is uncertain. As, however, there  cretum, as one of the parts or kinds of constitutio,
Were decemviri in B. C. 82, when the capitol was  was a judicial decision in a case before the soveburnt (Dionys. 1. c.), and we read of quindecemviri reign, when it was carried  to the auditorium
in the time of Cicero (ad Farn. viii. 4), it appears  principis by way of appeal.  Paulus wrote a work
probable that their number was increased from ten  in  six books on  these  Imperiales Sententiae.
to fifteen by Sulla, especially as we know that he  Gaius (iv. 140), when he is speaking of interdicta,
increased the numbers of several of the other eccle-  says that they are properly called decreta, "cumn
siastical corporations.  Julius Caesar added one  (praetor. ant proconsul) fieri aliquid jubet," and
more to their number (Dion Cass. xlii. 51); but interdicta when he forbids. A judex is said "conthis precedent was not followed, as the collegium   demnare," not "decernere," a word which, in
appears to have consisted afterwards of only fifteen. judicial proceedings, is appropriate to a magistratus
It was also the duty of the decemviri and  who has jurisdictio.                         [G. L.]
qulinqueviri to celebrate the games of Apollo (Liv.    DE'CUMAE  (sc. partes), the tithes paid to
x. 8), and the secular games. (Tac. Anna. xi. 11; the state by the occupiers of the ager publicus
Hor. Cart. Saec. 70.)  They were, in fact, con-  [AGER PUBLICUS]: hence the Pulblicani are also
sidered priests of Apollo, whence each of them had  called Decumani from their farming these tithes.
in his house a bronze tripod dedicated to that deity.  [PUBLICANI.]
(Serv. ad VYisy.Aen. iii. 332.)                      A  similar system  likewise existed in Greece.
4. DECEAeVIRI AGRns DIVIDUNDIS, were some- Peisistratus, for instance, imposed a tax of a tenth
times appointed for distributing the public land  on the lands of the Athenians, which the Peisistraamong the citizens. (Liv. xxxi. 4, xlii. 4.)      tidae lowered to a twentieth. (Thuc. vi. 54.) The
DECENNA'LIA  or DECE'NNIA, a festival samne principle was also applied to religious purcelebrated with games every ten years by the  poses: thus Xenophon  subjected the occupiers
Roman emperors.  This festival owed its origin  (robs e'Xocvas Ical Kap7rou/sCEous) of the land he
to the fact that Augustus refused the supreme  purchased near Scilius, to a paynment of tithes in
power when offered to him for his life, and would  support of a temple of Artemis, the goddess to
only consent to accept it for ten years, and when  whom  the purchase-mloney  was dedicated; the
these expired, for another period of ten years, and  Delian Apollo  also  received  tenths  from  the
so on to the end of his life.  The memory of this  Cyclades. (Xen. Anab. v. 3. ~ 11; Callim. Ielynz.
comedy, as Gibbon has happily called it, was pre- Del. 272, Spanheim.)  That many such charges
served to the last ages of the empire by the festival originated in conquest, or something similar, may
of the Deceanalia, which was solemnised by sub- be inferred from  the statement of Herodotus (vii.
sequent emperors every tenth year of their reign,  132), that at the time of the Persian war the conalthough they had received the imperium for life, federate Greeks made a vow, by which all the
and not for the limited period of ten years. (Dion  states who had surrendered themselves to the
Cass. liii. 16, liv. 12, lviii. 24, lxxvi. 1; Trebell.  enemy, were subjected to the payment of tithes
Poll. Salosiu. 3, GcElie. 7.)                    for the use of the god at Delphi.
DECIMA/TIO, was the selection, by lot, of    The tenth (Tb E7-rltEKiao) of confiscated proevery tenth man for punishment, when any number  perty was also sometimes applied to similar obof soldiers in the Roman army had been guilty of jects.  (Xen. Hell. i. 7. ~ 11.)  The tithes of the
any crime.  The remainder usually had barley  public lands belonging to Athens were farmed out
allowed to them instead of wheat. (Polyb. vi. 38; as at Rome to contractors, called arcaeTCoarL: the
Cic. Cluezet. 46.) This punishment does not appear  term 8EzaKCar1Xy/o  was applied to the collectors;
to have been often inflicted ih the early timle  of but the callings were, as we might suppose, often
cc 2




388   DEJECTI EFFUSIVE ACTIO.                                        DELATOR.
united in the same person.  The title  etKaTeVra! person an actio in duplum. The action was againlst
is applied to both.  A  aEKc'T71 or tenth of a dif- the occupier.   If several persons inhabited  a
ferent kind was the arbitrary exaction imposed by  caenaculum, and any injury was done to another
the Athenians (B. c. 410) on the cargoes of all by a thing being thrown or poured out of it. he
ships sailing into or out of the Pontus.  They lost had a right of action against any of them, if the
it by the battle of Aegospotami (B. C. 405); but it doer was uncertain.  The damages recoverable
was re —established by Thrasybulus about B. c. 391. were to double the amount of the damage, except
This tithe was also let out to farm.  (Demosth.  in the case of a liber, when they were fifty aurei,
c. Lep. p. 475; Xen. Hell. iv. 8. ~ 27, 31.)  The  if he was killed; and any person might sue for the
tithe-house for the receipt of this duty was called  money within a year, but the right of action was
FeiarzTeVrTpov: to sail by necessity to it, 7rapaywc- given in preference to a person " cujus interest,"
yICoeVy. (Bbckh, Publ. Econ. of Athents, p. 325, or to affines or cognati.  If a man was only in&c., 2nd ed.)                         [R. WV.]   jured in his person, the damages were "quanltum
DECUMA'NI.  [DECUMAE.]                          ob eam rein aequum judici videbitur eum cum quo
I)DECUNCIS, another name for the dextans. agatur condemnari," which included the expences
[As, p. 140, b.]                                   of a medical attendant, loss of time, and loss of a
DECU'RIA.  [ExERacTus.]                        man's earnings during the time of his cure, or loss
DECU'RIAE JUDICUM.  [JUDEX.]                     of future earnings by reason of his having been
DECURIO'NES.  [COLON1A; EXERCITUS.]  rendered incapable of making such earnings.  If
DECU'RRERE.  [FuNUS.]                           injury was caused by a thing being thrown from a
DECUSSIS.  [As, p. 140, b.]                     ship, there was an actio utilis; for the words of
DEDICA'TIO.  [INAUGURATIO.]                     the edict are, " UNnE in eum locum quo volgo iter
DEDITFI'CII, are one of the three classes of fiat vel in quo consistatur, dejectum," &c.
libertini.  The lex Aelia Sentia provided that, if a    The edict applied to things which were susslave was pult in bonds by his master as a punish- pended over a public place and which by their fall
ment, or branded, or put to the torture for an  might injure people.  It allowed any person to
offence and convicted, or delivered up to fight with  bring an action for the recovery of ten aurei
wild beasts, or sent into a ludus (gladiatorhis), or against any person who disregarded this rule of
put in confinement (custodia), and then manumitted  the edict.  If a thing so suspended, fell down and
either by his then owner, or by another owner, he  injured any person, there was an actio against
merely acquired the status of a peregrinus dediti- him who placed it there.
eius, and had not even the privileges of a Latinus.    As many of the houses in Rome were lofty, ald
The peregrini dediticii were those who, in former inhabited to the top by the poor (Cic. Ayr. ii.
times, had taken up arms against the Roman  35; -Ior. Ep. i. 1. 91; Juv. Sat. x. 17), and
people, and  being conquered, had surrendered  probably as there were very imperfect means for
themselves.  They were, in fact, a people who  carrying off rubbish and other accumulations, it
were absolutely subdued, and  yielded uncon-  was necessary to provide against accidents which
ditionally to the conquerors, and, of course, had no  might happen by such things being thrown through
other relation to Rome than that of subjects. The  the window.  According to Labeo's opinion, the
form of deditio occurs in Livy (i. 37).            edict only applied to the daytime, and not to the
The dediticii existed as a class of persons who  night, which, however, was the more dangerous
were neither slaves, nor cives, nor Latini, at least time for a passer-by.  (Dig. 9. tit. 3; Dig. 44.
as late as the time of Ulpian.  Their civil condi- tit. 7. s. 5. ~ 5; Inst. 4. tit. 5; Juv. Sat. iii. 26(,
tion, as is stated above, was formed by analogy to  &c.; Thibaut, System, &c. ~ 566, 9th ed.) [G. L.]
the condition of a conquered people, who did not    DEILIAS  GRAPHE' (3exlas,ypaeip), the
individually lose their freedom, but as a community  name of a suit instituted against soldiers who
lost all political existence. In the case of the Volsci, had been guilty of cowardice.  (Aeschb. c. CLesiple.
Livy inclines to the opinion that the four thousand  p. 566; Lys. c. Alcib. pp. 520, 525.)  The prewho were sold, were slaves, and not dediti. (Gaius, sidency of the court belonged to the strategi, and
i. 13, &c.; Ulpianus, Frag. tit. 1. s. I l.) [G. L.]   the court was composed of soldiers who had served
DEDI'TIO.  [DEDITICII.]                         in the camllpaign.  (Lys. c. Alcib. p. 0521.)  The
DEDUCTO'RES.  [AMBITUS.]                         punishment on conviction appears to have been
DEFENSO'RES.  [PaovINcIA.]                       7riLda.  Compare ASTRATEIAs GRAPHE.
DEIFRUTUM.  [VINU.]                               DEIPNON (&s-zrvov).  [COPNA.]
DEICELISTAE (8EcIKEAi-'ar). [COMOEDIA.]    DELA'TO1t, an  informer.   Tihe  delatores,
DEIGMA  (e'yAa ),. a particular place in the  under the emperors, were a class of men who
Peiraeeus, as well as in the harbours of other gained their livelihood by informing against their
states, where merchants exposed samples of their fellow-citizens.  (Suet. Tib. 61, Doet. 12; Tacit.
goods for sale.  (Harpocrat. s. v.; Pollux, ix. 34; Ann. iv. 30, vi. 47.)  They constantly brought
Aristoph. Equit. 974; Dem. c. Lacer. p. 932. 20; forward false charges to gratify the avarice or
Theophr. C0zar. 23.) The samples themselves were  jealousy of the different emperors, and were conalso called deigmata. (Plut. De)mzost/. 23; Biickh, sequently paid according to the importance of the
Putbl. Econ. of At/hens, p. 58, 2nd. ed.>         information which they gave.  In some cases,
DEJECTUM EFFUSUM.  [DTJECRTI EFI.u- however, the law specified the sums which were
SIVE ACTIO.]                                       to be given to informers.  Thus, when a murder
DEJECTI EFFUSIVE  ACTIO.   If any  had been commiitted in a family, and any of the
person threw or poured out anlything from a place  slaves belonlging to it had run away before the
or upper chamber (eaenaculum) upon a road which  quaestio, whoever apprehended such slaves rewas frequented by passengers, or on a place where  ceived, for each slave whom  he apprehended, a
people used to stand, and thereby caused any  reward of five aurei from the property of the dedamage,- the praetor's  edict gave  the injured  ceased, or else from  the state, if the sum could




DELIA.                                          DEMARCHIT.L                   89
not be raised frorm the property of the deceased.  who sailed to the island,  ewpoI; and before they
(Dig. 29. tit. 5. s. 25.)  In the senatus consulturn  set sail a solemn sacrifice was offered in the Delion,
quoted by Frontinus (De Aqzcaeduct.), the informer  at Marathon, in order to obtain a happy voyage.
received half of the penalty in which the person  (Miiller, Dor. ii. 2. ~ 14.)  During the absence of
was fined who transgressed the decree of the senate.  the vessel, which on one occasion lasted 30 days
There seems also to have been a fixed sum given  (Plat. Phlaedon, p. 58; Xen.  Mefenorab. iv. 8. ~ 2),
to informers by the lex Papia, since we are toid  the city of Athens was purified, and no criminal
that Nero reduced it to a fourth. (Suet. Ler. 10.)  was allowed to be executed.  The lesser Delia
The number of informers, however, increased so  were said to have been instituted by Theseus,
rapidly under the early emperors, and occasioned  though in some lenends they are mentioned at a
so much mischief in society, that many of them   much earlier period, and Plutarch (TIzes. 23) rewere frequently banished, and punished in other  lates that the ancient vessel used by the founder
ways, by various emperors.  (Suet. Tit. 8, Dom.  himself, though often repaired, was preserved and
9; Mart. i. 4; Plin. Paneg. 34; Brissonius, Ant. used by the Athenians down to the time of DemeSelect. iii. 17.)                                  trius Phalereus.  (Bdckh, Publ. Econ. of Afth. p.
DELECTUS.  [ExERCITus.]                          214, &c. 2d edit.; Thirlwall, Iist. of Greece, vol.
DE'LIA  (8;iAt,), the name of festivals and  iii. p. 217.)                              [L. S.]
games celebrated at the great panegyris in the    DELICTUMI.  [CaIsIEN.]
island of Delos, the centre of an amphictyony, to    DELPHI'NIA  (8eAhpiva), a festival of the
which the Cyclades and the neighbouring Ionians  same expiatory character as the Apollonia, which
on the coasts belonged.  (IIom. HyLmnz. in 4Apoll.  was celebrated in various towns of Greece, in147, &c.)  This amphictyony seems originally to  honour of Apollo, surnamed Dephinius, who was
have been instituted simply for the purpose of re-  considered by the lonians as their aebs 7ra'rpos.
ligious worship in the common sanctuary of Apollo, The name of the god, as well as that of his festhe Sebs 7raTprios of the Ionians, who was believed  tival, must be derived from the belief of the an.
to have been born at Delos.  The Delia, as ap-  cients that in the beginning of the month of Munypears from the Hymn on Apollo (compare Thucyd.  chion  (probably  identical with  the Aeginetan
iii. 104; Pollux, ix. 61), had existed from  very  Delphinius) Apollo came through the defile of
early times, and were celebrated every fifth year  Parnassus to Delphi, and began the battle with
(Pollux, viii. 104), and as Bickh supposes, with  Delphyne.  As he thus assumed the character of a
great probability, on the sixth and seventh days of wrathful god, it was thought necessary to appease
Thargelion, the birthdays of Apollo and Artemis.  him, and the Delphinia, accordingly, were celeThe members of the amphictyony assembled on  brated at Athens, as well as at other places where
these occasions (ie'fo pove) in Delos, in long gar-  his worship had been adopted, on the 6th of Munyments, with their wives and children, to worship  chion.  At Athens seven boys and girls carried
the  god with. gymnastic and musical contests,  olive-branches, bound with white wool (called the
choruses, and dances.  That the Athenians took   KerET7pIa), into the Delphinium.  (Plut. Thies. 18.)
part in these solemnities at a very early period,    The Delphinia of Aegina are mentioned by the
is evident from the Deliastae (afterwards called  scholiast an Pindar (Pylth. viii. 88), and from his
dveapos) mentioned in the laws of Solon (Athen. vi. remark on another passage (Olymp. vii. 151), it is
p. 234); the sacred vessel (aewpis), moreover, clear that they were celebrated with contests.
which they sent to Delos every year, was said to  (Compare Diog. Lairt. Vit. Thtal. c. 7; Muller,
be the same which Theseus had sent after his re- Do. ii. 8. ~ 4.)  Concerning the celebration of the
turn from Crete.  (See the commentators on Plato, Delphinia in other places nothing is known; bnlt
C7ito, p. 43, c.)  The Delians, during the celebra-  we have reason to suppose that the rites observed
tion of these solemnities, performed the office of at Athens and in Aegina were common to all
cooks for those who visited their island, whence  festivals of the same name.  See MUiiller, Aeginet.
they were called'EAeoLvr'at (Athen. iv. p. 173).    p. 152.                               [L. S.]
In the course of time the celebration of this    DELPHIS  (8eqpLts), an instrument of naval
ancient panegyris in Delos had ceased, and it was  warfare.  It consisted of a large mass of iron or
not revived until 01. 88. 3, when the Athenians, lead suspended on a beam, which projected from
after having purified the island in the winter of the mast of the ship like a yard-arm.  It was used
that year, restored the ancient solemnities, and  to sink, or make a hole in, an enemy's vessel, by
added horse-races which had never before taken  being dropped upon it when alongside. (Aristoph.
place at the Delia.  (Thucyd. I. c.)  After this re-  E7rlit. 759; Thuc. vii. 41;  Schol. ad  loc.;
storation, Athens being at the head of the Ionian  Hesych. s. v.)  There seems no necessity for supconfederacy took the most prominent part in the  posing that it was made in the shape of a dolphin.
celebration of the Delia; and though the islanders,  Bars of iron used for ballast are at the present day
in common with Athens, provided the choruses and  called "pigs," though they bear no resemblance to
victims, the leader (p3yXOdwpos), who conducted  that animal.  Probably the &esAqpes were hoisted
the whole solemnity, was an Athenian (Puint. Niec. aloft only when going into action.  We may also
3; Wolf. Introd. ad Demostlh. Lelt. p. xc.), and  conjecture that they were fitted, not so much to
the Athenians had the superintendence of the com-  the swift (TarXEIae) triremes, as to the military
mon salmmtuary.  [AMIPHICTYONS.]                   transports (eorpartm&r8EsE,  7'rALTr'YTyom), for the
From  these solemnities, belonging to the great  sailing of the former would be much impeded by
Delian panegyris, we must distinguish the lesser  so large a weight of metal.  At any rate, those
Delia, which were celebrated every year, probably  that Thucydides speaks of were not on the tri.
on the 6th of Thargelion. The Athenians on this oc-  remes, but on the 6Aicd.Es.
casion sent the sacred vessel (aewpts), which the    DELUBRUM.  [TEMPLUM.]
priest of Apollo adorned with laurel branches, to    DEMARCHI (8AiuapXo,), the chief magdstrates
Delos. The embassy was called aeCpiLa: and those  of the demi (8iUoo) in Attica, and said to have
cc 3




39 0          DEMIOPRATA.                                       DEMOCRATIA.
been first appointed by Cleisthenes.  Their duties  tophanes (J'esT. 559, with Schol.) mentions {the
were various and important.  Thus, they convened  &3nd67rpara as a separate branch of the public remeetings of the demus, and took the votes upon  venue at Athens.  An account of such property
all questions under consideration; they had the  was presented to the people in the first assembly
custody of the XqrLapXltKbv ypauJuaTe7o0v, or book  of every prytaneia (Pollux, viii. 95); and lists of
in which the members of the demus were enrolled; it were posted upon tablets of stone in different
and they made and kept a register of the landed  places, as was the case at Eleusis, with the cataestates (Xrepia) in their districts, whether belong-  logue of the articles which accrued to the temple
ing to individuals or the body corporate; so that of Demeter and Persephone, from persons who
whenever an eIoIpopd, or extraordinary property-. had committed any offence against these deities.
tax was imposed, they must have been of great (Pollux, x. 97.)  Many monuments of this kind
service in assessing and collecting the quota of were collected by Greek antiquarians, of which an
each estate.  Moneys due to the demus for rent, account is given by Bickh (Publ. Econ. of Atenws,
&c. were collected by them (Dem. c. Eub. p. 1318), pp. 197, 392, I2d edit.) and Meier (De Bonis Danand it may safely be allowed that they were em- natorum, p. 160, &c.).
ployed to enforce payment of various debts and    DEMIURGI (a71ovpuopI). These magistrates,
dues claimed by the state.  For this purpose they  whose title is expressive of their doing the service
seem to have had the power of distraining, to which  of the people, are by some grammarians stated to
allusion is made by Aristophanes (Nub. 37).  In  have been peculiar to Dorian states; but, perhaps,
the duties which have been enumerated, they sup-  on no authority, except the form   ateouvpyoi.
planted the naucrari (vanKpapot) of the old con- MUller (Dorians, vol. ii. p. 145) observes, on the
stitution; their functions, however, were not con- contrary, that " they were not uncommon in the
fined to duties of this class, for they also acted as  Peloponnesus, but they do not occur often in the
police magistrates: thus, in conjunction with the  Dorian states."  They existed among the Eleians
dicasts of the towns (3aicaoTa Katah aic aovs), they  and Mantineians, with whom they seem to have
assisted in preserving peace and order, and were  been the chief executive magistracy (ol a3,ulouvpyoi
required to bury, or cause to be buried, any dead  ical i $ovAX, IC. T. A., Thuc. v. 47).  We also read,bodies found in their district: for neglect of this of demiurgi in the Achaean league, who probably
duty they were liable to a fine of 1000 drachmae. ranked next to the strategi. [ACHAICUsM  FOEDUS,
(Dem. c. Macar. 1069. 22.)  Lastly, they seem to p. 5, b.]  Officers named Epidemiur-gi, or upper
have furnished to the proper authorities a list of demiurgi, were sent by the Corinthians to manage
the members of the township who were fit to serve  the government of their colony at Potidaea. (Thllc.
in war (KcarTaXyous EroLvavmro, Demosth. c. i. 56.)                                   [R. A.]
Polye. p. 1208; Harpocr. s. v.; Poll. viii. ]118;   DE'MIUS (g8qpos).  [TORMENTUM.]
K. F. Hermann, Griech. Staatsalterth. ~ 111;    DEMOCRATIA  (aljxpoecparia), that form  of
Blickh, Public Econ. of At/aens, pp. 157, 512; constitution in which the sovereign political power
Schimann, De Cornzitis, p. 376, &c.).  Denarcli is in the hands of the demus, or commonalty.  In
was the name given by Greek writers to the  the article ARISTOCRATIA the reader will find:Roman tribunes of the plebs.        [R. Wv.]    noticed the rise and nature of the distinction beDEMENS.  [CURATOR.]                            tween the politically privileged class of nobles and
DEMENSUM.  [SERVus.]                          the commonalty, a class personally free, though
DEME'NTIA.  [CURATOR.]                         without any constitutionally recognized political
DEME'TRIA  (A1/rncptia), an annual festival power. It was this commonalty which was prowhich the Athenians, in 307 B. C., instituted in ho- perly termed the demus (aT/xos).  The natural
nour of Demetrius Poliorcetes, who, together with  and inevitable'effect of the progress of society
his father Antigonus, were consecrated under the  being to diminish, and finally do away with, those
title of saviour gods.  It was celebrated every year distinctions between the two classes, on which the
in the month of Munychion, the name of which, as original difference in point of political power was
well as that of the day on which the festival was founded, when the demus, by their increasing
held, was changed into Demetrion and Demetrias. nmllnbers, wealth, and  intelligence, had  raised
A priest ministered at their altars, and conducted  themselves to a level, or nearly so, in real power
the solemn procession, and the sacrifices and games and importance with the originally privileged class,
with which the festival was celebrated.  (Diodor. now degenerated into an oligarchy, a struggle was
Sic. xx. 46; Plit. Desnet-. 10, 46.)  To honour sure to ensue, in which the demus, unless overthe new god still more, the Athenians at the same  borne by extraneous influences, was certain to gain
time changed the name of the festival of the Dio- the mastery.  The sovereign power of the demus
nysia into that of Demetria, as the young prince  being thus established, the government was termed
was fond of hearing himself compared to Dionysus. a democracy.  There might, however, be two
The demetria mentioned by Athenaeus (xii. p. modifications of the victory of the commonalty. If
536) are probably the Dionysia.  Respecting the  the struggle between the classes had been proother extravagant flatteries which the Athenians tracted and fierce, the oligarchs were commonly
heaped upon Demetrius and Antigonus, see Athen. expelled.  This was frequently the case in the
vi. p. 2.52; Haerm. Polit. Ant. of Greece, ~ 175. n. smaller states.  If the victory of the commonalty
6, 7, and 8; and Thirlwall, Hist. of Greece, vol. vii. was achieved more by the force of moral power
p. 331.                               [L. S.]   than by intestine warfare and  force of arms,
DEMINIJ'TIO  CAPITIS.  [CAPUT.]               through the gradual concessions of " the few," the
DEMIOPRA'TA  (~8Vludrpara, sc. 7rpdy/uaTa  result (as at Athens) was simply the entire obor I*CTiYara), was property confiscated at Athens  literation of the original distinctions.  This form of
and sold by public auction.  The confiscation of the constitution was still, in the most literal sense
property was one of the most common sources of of the term, a democracy; for as wealth and birth
revenue in many of the Grecian states; and Aris- no longer formed the title to political power, though




DEMOCRATIA.                                            DEMUS.                     391
the wealthy and noble still remained citizens of  563, Leg. iii. p. 690. c. vi. p. 757, e.)  Aristotle
the commonwealth, the supreme power was to all  (Pol. iv. 3, 4, 5, vi. 1, 2) describes the various
intents and purposes in the hands of the class for-  modifications which a democracy may assume.  It
merly constituting the demus, by virtue of their  is somewhat curious that neither in practice nor in
being the more numerous.  (Aristot. Pol. iv. 4, theory did the representative system  attract any
p. 122, ed. Gittling.)   When the two classes  attention among the Greeks.
were thus equalised, the termn  demus itself was    That diseased form  of a democracy, in which
frequently used to denote the entire body of free  from the practice of giving pay to the poorer citicitizens -" the many," in contrast with " the  zens for their attendance in the public assembly,
few."                                              and from  other causes, the predominant party in
It is obvious that, consistently with the main- the state came to be in fact the lowest class of the
tenance of the fundamental principle of the suprenle  citizens (a state of things in which the democracy
power being in the hands of the demus, various  in many respects resembled a tyranny: see Arist.
modifications of the constitution in detail might Pol. iv. 4) was by later writers (Polyb. vi. 4, 57;
exist, and different views might be held as to wh at Plut. de Monarch. c. 3) termed an Ochlocracy
was the perfect type of a democracy, and what was  (odXXopaz'ra - the dominion of the mob); but the
an imperfect, or a diseased form of it.  Aristotle  term  is not found in Aristotle.   (Wachsmuth,
(P1ol. iv. 3) points out that a democracy cannot be Ioelleniscihe Altfeortumsk. c. 7, 8; K. F. Herdefined by the mere consideration of numbers. inaln, Lehrbuch der  GCriech7. Staatsalterthiinelr,
For if the wealthy were the more numerous and  ~~ 52, 66-72; Thirlwall, History of Greece, vol. i.
possessed the supreme power, this would not be a  c. 10.)                              [C. P. ]M~.]
democracy.  A democracy is rather, when every    DEMONSTRA'TIO.  [AcTIO.]
free citizen is a member of the sovereign body    DEMOPOIE'TOS  (3rVeo7rrobirros), the  name
(8ij~pO s t', eert, 5'ravY of keV0OepoL IcVptot domv). given to a foreigner who was admitted to the rights
This definition he expresses in a more accurate  of citizenship at Athens by a decree of the people,
form thus: BEgrTL aLuoiparina tAEy  r'ay ol EXEViOepom  on account of services rendered to the state. Such
tca; &eropotl 7rAXOVS OvrTEs KpoptOL r'S  a&pXs oes'iv. citizens were, however, excluded from  the phraIt would still be a democracy if a certain amount triae, and could not hold the offices of either archon
of property were requisite for filling the public  or priest (Dem. c. Neaer. p. 1376), but were reoffices, provided  the  amount were  not large. gistered in a phyle anmd deme. [CIVITAS, GREEIK,(Pol. iv. 4. p. 122, ed. Gbttl.)  A Politeia itself p. 288, b.]
is one species of democracy (Pol. iv. 3. p. 117),    DEMO'SII (8ruio'etot), public slaves at Athens,
democracy, in the full sense of the word, being a  who.were purchased by the state.  Some of them
sort of 7raperCaoLs of it.  But for a perfect and  filled subordinate places in the assembly and courts
pure democracy it was necessary that no iree  of justice, and were also employed as heralds,
citizen should be debarred on account of his in- checking clerks, &c.  They were usually called
feriority in rank or wealth from  aspiring to any  8mOOda'Lom olicmat, and, as we learn from Ulpian
office, or exercising any political function, and that (ad Deum. Olyntlh. ii. p. 15), were taught at the
eacli citizen should be allowed to follow that mode  expense of the state to qualify them for the disof life which he chose. (Arist. Pol. iv. 4, vi. 1.)  charge of such deuties as have been mentioned.
In a passage of Herodotus (iii. 80), where we pro-  (HIemnsterh. ad Polluc. ix. 10; Maussac. ad Harbably have the ideas of the writer himself, the  pocrct. s. v. &%tomteros; Petitus, Leg. Att. p. 342.)
characteristics of a democracy are specified to be-  As these public slaves did not belong to any one
1. equality of legal rights (ic-Yoyoi); 2. the ap- individual, they appear to have possessed certain
pointment of magistrates by lot; 3. the account- legal rights which private slaves had not. (Meier,
abilityof all magistrates and officers; 4. the refer- Att. Process, pp. 401, 560; Aeschin. c. Timnarcl.
ence of all public matters to the decision of the  pp. 79, 85.)
community at large.  Aristotle also (Rflet. i. 8.    Another class of public slaves formed the city
~ 4) says: -e'OrT i ae   Cotcpa-r'a  Ev' 7roXtreia eis 7  guard; it was their duty to preserve order in the
tcAx p PT av'tLovrat'rS /ipXgs, /AsXyapxla  B ev i j  public assembly, and to remove any person whom
oh i'rb'rl/um1uua-cv. In another passage (Pol. vi. 1), the Prytaneis might order.  (Schneider, Ad Xen.
after mentioning the essential principles on which  MeRn. iii. 6. ~ 1; Plato, Protag. p. 319, and Heina democracy is based, he goes on to say: " The  dorf's note; Aristoph. Ac/sarn. 54, with the comr
following points are characteristic of a democracy; mentators.)  They are generally called bowmen
that all magistrates should be chosen out of the  (Tood'Tam); or from the native country of the mawhole body of citizens; that all should rule each, jority, Scythians (.:cuKa: ); and also Speusinians,
and each in turn rule all; that either all magistra- from the name of the person who first established
cies, or those not requiring experience and profes- the force.  (Pollux, viii. 131, 132; Photius, s.v.
sional knowledge, should be assigned by lot; that   oodf'at.)  There were also among them  many
there should be no property qualification, or but a  Thracians and other barbarians.  They originally
very small one, for filling any magistracy; that the  lived in tents in the market-place, and afterwards
same man should not fill the same office twice, or upon the Areiopagus.  Their officers had the name
should fill offices but few times, and but few of- of toxarchs (rtdapXom).  Their number was at first
fices, except in the case of military commands; that  300, purchased soon after the battle of Salamis,
all, or as many as possible of the magistracies, but was afterwards increased to 1200.  (Aeschin.
should be of brief duration; that all citizens should  nlep rflaparpeee. p. 335; Andoc. De Pac. p. 93;
be qualified to serve as dicasts; that the supreme  Bbickh, Publt Econ. of' Atzens, pp. 207, 208, 2d.
power in everything should reside in the public  edit.)
assembly, and that no magistrate should be en-    DEMUS.  The word 3aiuos originally indicated
trusted with irresponsible power except in very small a district or tract of land, and is by somn (derived
matters.  (Comp. Plat. Resp. viii. pp. 558, 562, from Viw, as if it signified an ".enclosure marked
cc 4




S92                DEMUS.                                             DEMUS.
off from the waste," just as our word town-comes, the public business of the demus, such as the leas.
according to Horne Tooke, from the Saxon verb  ing of its estates, the elections of officers, the re" tynan," to enclose.  (Arnold, ad Tluc. vol. i. vision of the registers or lists of Demnotae (.377uoaT),
Appendix, iii)  It seems, however, more simple  and the admission of new members. [DENARCHIo.]
to connect it with the Doric Ma for ya.  In this  l\Ioreover, each demus appears to have kept what
meaning of a country district, inhabited and under  was called a rflvat  KkcffcMl TKO'LS, or list of those
cultivation, 8iikos is contrasted with 7rdhts: thus  Demotae wh'o were entitled to vote at the general
we have &sap&v  81.sA  nse 7r6cAlv   e (Hes. Op. et assemblies of the whole people.  In a financial
Dies, 527); but the transition from  a locality to  point of view, they supplanted the old " naucraits occupiers is easy and natural, and hence in the  ries " of the four tribes, each demus being required
earlier Greek poets we find 6ijlos applied to the  to furnish to the state a certain quota of money,
outlying country population, who tilled the lands of and contingent of troops, whenever necessary.
the chieftains or inhabitants of the city; so that Independent of these bonds of union, each demos
66eos and 7roXAsal came to be opposed to each  seems to have had its peculiar temples, and reliother, the former denoting the subject peasantry, gious worship (soervca Lsep'd, Paus. i. 31; Pollux,
the latter, the nobles in the chief towns.         viii. 108), the officiating priests in which were
The Demi (of 8i/soL) in Attica were subdivisions  chosen by the Demotae (Dem. c. Eubul. p. 1313);
of the tribes, corresponding to our townshtips or so that both in a civil and religious point of view,
htundreds. Their institution is ascribed to Theseus; the demi appear as minor commanities, whose mabut we know nothing about them  before the age  gistrates, moreover, were obliged to submit to a
of Cleisthenes, who broke up the four tribes of the  oKcelaiea, in the same way as the public officers
old constitution, and substituted in their place ten  of the whole state.  But besides the magistrates,
local tribes (rpvXaL  7rtlcKaL), each named after some  such as demarchs and treasurers (caltat), elected
Attic hero. (Herod. v. 66, 69.)  These were sub- by each parish, we also read of judges, who were
divided each into ten demi *or country parishes, called imaosTavl icavh  Vl3/ovs: the number of these
possessing each its principal town; and in some  officers, originally thirty, was afterwards increased
one of these demi were enrolled all the Athenian  to forty, and it appears that they made circuits
citizens resident in Attica, with the exception, through the different districts, to administer justice
perhaps, of those who were natives of Athens itself  in all cases where the matter in dispute was not
(Thirlwall, Ilist. of Greece, vol. ii. p. 74.)  These  more than ten drachmae in value, more important
subdivisions corresponded in some degree to the  questions being reserved for the alatmvaf. (,HudtYauicpaplaL of the old tribes, and were, according  walcker, p. 37.)
to Herodotus, one hundred in number; but as the    On the first institution of the demi, Cleisthenes
Attic demi amounted in the time of Strabo (ix. p. increased the strength of the Bi/o.s, or commonalty,
396, c.) to 174, doubts have been raised about this  by making many new citizens, amongst whom are
statement.  Niebuhr has inferred from  it that the  said to have been included not only strangers and
tribes of Cleisthenes did not originally include the  resident foreigners, but also slaves.  (Arist. Paol.
whole population of Attica, and " that some of the  iii. 1.)*  Now admission into a demus was necesadditional 74 must have been cantons, which had  sary, before any individual could enter upon his
previously been left in a state of dependence; by  full rights and privileges as an Attic citizen; and
far the chief part, however, were houses (?ye'sv)  though in the first instance, every one was enrolled
of the old aristocracy," which were included in the  in the register of the demus in which his property
four Ionian tribes, but, according to Niebuhr, were  and residence lay, this relation did not continue to
not incorporated in the ten tribes of the " rural hold with all the Demotae.; for since a son was
commonalty," till after the time of Cleisthenes. registered in the demus of his real or adoptive
This inference, however, seems very questionable; father, and the former might change his residence,
for the number of the demi might increase from a  it would often happen that the members of a
variety of causes, such as the growth of the popu- demus did not all reside in it.  Still this would
lation, the creation of new tribes, and the division  not cause any inconvenience, since the meetings
of the larger into smaller demi; to say nothing  of each demus were not held within its limits, but
of the improbability of the co-existence of two  at Athens.  (Dem. c. Eubu2l. p. 1.302,)   No one,
different orders of tribes.  " Another fact, more  however, could purchase property situate within a
difficult to account for, is the transposition by  demus to which he did not himself belong, without'which demes of the same tribe were found at op- paying to the demarchs a fee for the privilege of
posite extremities of the country." (Thirlwall, 1. c., doing so (e-yz7urijTCO'), wlhich would, of course,
and app. i. vol. ii.)  The names of the different go to the treasury of the demus.  (Biickh, Publ.
demes were taken, some from the chief towns in  Econ. ofAthelens, p. 297, 2nd ed.)
them, as Marathon, Eleusis, and Acharnae; some    Two of the most important functions of the
from  the names of houses or clans, such as the  general assemblies of the demni,' were, the admisDaedalidae, Boutadae, &c.  The largest of all sion of new  members and the revision of the
was the demus of Acharnae, which in the time of names of members already admitted. The register
the Peloponnesian war, was so extensive as to  of enrolment was called Xf LeapX5Ktd,? ypa/t0areoe,,
supply a force of no less than three thousand  because any person whose name was inscribed in
heavy-arled men.  (Comp. Thuc. ii. 191.)          it could enter upon an inheritance and enjoy a
In explanation of their constitution and relation
to the state in general, we may observe, that they   ie- noXAos  e&pvuXE-vse  SEvovs  cKal  eoiAovs
formed independent corporations, and had each,ETofcKOuS.  This passage has given rise to much
their several magistrates, landed and other pro-  dispute, and has been considered by many critics
perty, with a common treasury.  They had like-  to afford no sense; but no emendation which has
wise their respective convocations convened by the  been proposed is better than the received text. See
Demarchi (8mucspXoi), in which was transacted  Grote, Ilistory of Greece, vol. iv. p. 170.




DENARIUS.                                          DENARIUS.                   393'
patrimony, the  expression  for whiieh in  Attic
Greek was rais?X1EWS  pXfEiv: AayXaetliv A Ijxpov,,
being equivalent to the Roman phrase adire here-               a
ditrtem.  These registers were kept by the de-          / i
marchs, who, with the approbation of the members                      I.     \   As
of the demus assembled in general meeting, inserted or erased names according to circumstances.
Thus, when a youth was proposed for enrolment,
it was competent for any demote to object to his    BIITISHI MIUSEUIM71.  ACTUAL SIZE.  WEIGHT
admission on the ground of illegitimacy, or non-                     60'6 GRAIrS.
citizenship, by the side of either parent.  The
Demotae decided on the validity of these objections under the sanction of an oath, and the ques-.: i 
tion was determined by a majority of votes. (Dem.           I   -
c. Euz. p. 1318.)  The same process was observed':      
wllen a citizen changed his demus in consequence,                             j,,y
of adoption. (Isaeus, De Apoll. JTered. p. 66. 17.)     I!  _                    is
Sometimes, however, a demarch was bribed to::., >?_5
place, or assist in placing, on the register of a
demus, persons who had no claim  to citizenship.   BRITISII MUSEUM.    CTUAL SIZE.   WeIGI's
(Demosth. c. Leoch, p. 109].)  To remedy this ad-                    58 5  IRAINs.
mission of spurious citizens (-reapEyypaerToi) the  the as), the senzbella or half libella, and the terun.
8sta*Cstpirs  was instituted.    [DIAPsEPHISIs.]  cius o0 quarter libella.
Lastly, crowns and other honorary distinctions    The quinarius was also called victorites (Cic.
could be awarded by the demi in the same way as  Pro Font. 5), from  the impression of a figuree of
by the tribes.  (K. F. Hermanun, GCiech. Stcats-  Victory which it bore.  Pliny (H.N. xxxiii. 13)
ltferth. ~ 111, &c.; Wachesimuth, If-elee. Alteir-  says that victoriati were first coined at Rome in
tlnoszs. vol. i. p. 544, &c., 2nd ed.; Leake, Tle5  pursuance of the lex Clodia; and that previous to
Demzi of Attilks, London, 1841, 2nd ed.; Ross, that time, they were imported as an article of trade
Die Demeon voen Attike.)              [R. WV.]   from Illyria.  The Clodius, who proposed this law,
DENA'RIUS, the principal silver coin among  is supposed to have been the person who obtained
the Romans, was so called because it was originally  a trinmph for his victories in Istria, whence he
equal to ten asses; but on the reduction of the  brought home a large sum of money (Liv. xli. 13);
weight of the as [As], it was made equal to six-  which would fix the first coinage of the victoriati
teen asses, except in military pay, in which it was  at Rome, n. c. 177; that is, 92 years after the first
still reckoned as equal to ten asses.  (Plin. H.N.  silver coinage.
xxxiii. 13.)  The denarius was first coined five    If the denarius weighed 60 grains, the terunciu.s
years before the first Pulic war, B. C. 269.  [AR-  would only have weighed 1- gr.; which would
GENTUMt.]  There were originally 84 denarii to a;2
have been so small a coin, that some have doubted
pouid (Plin.. N. xxxiii. 46; Celsus, v. 17. ~ 1),  whether it was ever coined in silver; for we
but subsequently 96. At what time this reduction  know that it was coined in copper.  [As.]  But
was made in the weight of the denarius is uncertain, Varro (De Ling. Lat. v. 174, ed. Miiller) names it
as it is not mentioned in history.  Some have con-  among the silver coins with tie libella and semjectured that it was completed in Nero's reign; and  bella.  It is, however, improbable that the terunMr. Hussey (Ancient Weights, &c. p. 137) justly  cius continued to be coined in silver after the as
remarks, that Suetonius (Jel. 54) proves that 84  had been reduced to -1  of the denarius; for
denarii went still to the pound, about the year B.C. C.then the terucius would have been s -th of the
50; since if we reckon 96 to the pound, the pro-  denarius, whereas Varro only describes it as a
portion of the value of gold to silver is 7'8 to 1, subdivision of lihella, when the latter was.lth of
which is incredibly low; while the value on the  the denarius.  In the time of Cicero, the libella
other supposition, 8-9 to 1, is more probable. Com-  appears to have been the smallest silver coin in use
parce ARCENTvU_.                                   (Cic. Pro. Rose. Con1. c. 4); and it is frequently
Mr. Hussey calculates the average weight of the  used, not merely to express a silver coin equal to
denarii coined at the end of the commonwealth  the as, but any very small sum. (Plaut. Cas. ii. 5.
at 60 grains, and those under the empire at 52'5  7, Capt. v. 1. 27.) Gronovius (De Sestertiis, ii. 2),
grains.  If we deduct, as the average, 310 of the  however, maintains that there was no such coin as
wseight for alloy, from the denarii of the common-  the libella when Varro wrote; but that the word
wealthl, there will remain 58 grains of pure silver;  vas used to signify the tenth part of a sestertius.
and since the shilling contains 80'7 grains of pure  No specimens of the libella are now found.
t58     If the denarius be reckoned in value 8-d., the
silver, the value of the best denarii will be 2 —
8  7  other coins which hlave been mentioned, will be of
of a shilling, or 8'6245 pence; which may be  the following value:
reckoned in round numbers 8td.  If the salme
Pence   Farth.
method of reckoning  be applied  to  the  later
Terniicius.'5 3125
denarius, its value will be about 7'5 pence, or 7X-nd. bella..                    1  0
(IIussey, pp. 141, 142.)                              Liella....        225
The Roman coins of silver went at one time as       Sestertis....        2      5
low down as the fortieth part of the denarius, the    Quinaris or Victoriatus    4 
teruncius.  They were, the quinarzis or half de-      Denarius....          8    2
inarius, the sestertius or quarter denarius [SESTE;RTIUS], the libellc or tenth of the denarias (equal to    It has been frequently stated that the denarius




394             DEPOSITUM.                                        DESULTOR.
is equal in value to the drachma; but this is. not the transaction becomes a case of locatio and conquite correct.  The Attic drachma was almost ductio [LocATIO], if money is to be paid for the
equal to 9id., whereas we have seen that the  use of it; or a case of commodatum [CoMMODAdenarius was but little above 81d.  The later  TUM], if nothing is to be paid for the use.  If a
drachmae, however, appear to have fallen off in  bag of money not sealed up is the subject of the
weight; and there can be no doubt that they were  depositum, and the depositarius at any time asks
at one time nearly enough equal to pass for equal. for permission to use it, the money becomes a loan
Gronovius has given all the authorities upon the  [MUTUUMn   from  the time when the permission
subject in his De Sestertiis (iii. 2).           is granted; if the deponens proffers the use of the
The earliest denarii have usually, on the ob- money, it becomes a loan from the time when the
verse, the head of Rome with a helmet, the  depositarius begins to use it. (Dig. 12. tit. 1. s. 9.
Dioscuri, or the head of Jupiter.  Many have, on  ~ 9, s. 10.) If money is deposited with the condition
the reverse, chariots drawn by two or four horses  that the same amount be returned, the use of it is
(bigcae, quadrigae), whence they are called respect- tacitly given. If the depositum continues purely a
ively bigati'and quadriigati, sc. nunzmi. [BIGATUS.]  depositum, the depositarius is bound to make good
Some denarii were called serrati (Tacit. Germ. 5), any damage to it which happens through dolus or
because their edges were notched like a saw, which  culpa lata; and he is bound to restore the thing
appears to have been done to prove that they were  on demand to the deponens, or to the person to
solid silver, and not plated.  Many of the gentile  whom the deponens orders it to be restored.  if
denarii, as those of the Aelian, Calpurnian, Pa- several persons had received the deposit, they were
pinian, Tullian, and numerous other gentes, are  severally liable for the whole (in solidum).  The
marked with the numeral X, in order to show  remedy of the deponens against the depositarius, is
their value.                                     by an actio depositi directa.  The depositarius is
Pliny (H. N. xxxiii. 13) speaks of the denarius entitled to be secured against all damage which
aureus.  Gronovius (De Sester. iii. 15) says, that he may have sustained through any culpa on the
this coin was never struck at Rome; but there is part of the deponens, and to all costs and expenses
one of Augustus in the British Museum, weighing  incurred by his charge; and his remedy against
60 grains, and others of less weight. The average  the deponens is by an actio depositi contraria.
weight of the common aureus was 120 grains. The actio was in duplum, if the deposit was made
[AuRuM.]  In later times, a copper coin was from necessity; if the depositarius was guilty of
called denarius. (Ducange, s. v. Denasrius.)     dolus, infamlia was a consequence. (Inst. 3. tit. 14
DENICA'LES FE'RIAE. [FERIAE.]                  (15); Cod. 4. tit. 34; Dig. 16. tit. 3; Cic. de Q0.
DENTA'LE.  [ARATRUM.]                         i. 10; Juv. Sat. xiii. 60; Dirksen, Uebersiclt, &c.
DENTIFRI'CIUM (53or'-Yrpiqyza), dentrifice  p. 597; Thibaut, System, &c. ~ 480, &c. 9th
or tooth-powder, appears to have been skilfully  ed.)                                 [G. L.]
prepared and generally used among the Romans.    DESERTOR, is defined by Modestinus to be
A variety of substances, such as the bones, hoofs, one " qui per prolixum tempus vagatus, reducitur,"
and horns of certain animcals, crabs, egg-shells, and  and differs from an emransor, "qui din vagatus ad
the shells of the oyster and the murex, constituted  castra egreditur." (Dig. 49. tit. 16. s. 3.)  Those
the basis of the preparation.  Having been pre- who deserted in time of peace, were punished by
viously burnt, and sometimes mixed with honey, loss of rank, corporal chastisement, fines, ignominithey were reduced to a fine powder.  Though  ous dismission from the service, &c.  Those who
fancy and superstition often directed the choice of left the standards in time of war were usually
these ingredients, the addition of astringents, such  punished with death. The transfegae, or deserters
as myrrh, or of nitre and of hartshorn ground in a  to the enemy, when taken, were sometimes deraw state, indicates science which was the result of prived of their hands or feet (Liv. xxvi. 12), but
experience, the intention being not only to clean  generally were put to death.  (Lipsius, De Milit.
the teeth and to render them white, but also to fix  Roelz. iv. 4.)
them  when loose, to strengthen the gums, and to    DESIGNA'TOR.  [FUNus.]
assuage tooth-ache. (Plin. H. N. xxviii. 49, xxxi.    DESMOTE'RION (86eoywriTpo WV). [CARlCER.]
46, xxxii. 21, 26.)  Pounded pumice was a more    DESPOSIONAUTAE (3Eao7rooa'oYvavra.) [Cl.dubious article, though Pliny (xxxvi. 42) says, vITAS.]
" Utilissima fiunt ex his dentifricia."  [J. Y.]   DESULTOR  (a&roCarx's, /eAEaa'TsT1), liteDEPENSI ACTIO.  [INTERCESSIO.]                rally " one who leaps off," was applied to a perDEPORTA'TIO.  [ExsIL1UM.]                     son who rode several horses or chariots, leaping
DEPO'SITI ACTIO.  [DEPOSITUIc.]               from one to the other.  As early as the Homeric
DEPO'SITUM.  The notion of depositum  is times, we find the description of a manl, who keeps
this: a moveable thing is given by one man to  four horses abreast at full gallop,. and leaps from
another to keep until it is demanded back, and  one to another, amidst a crowd of admiring specwithout any reward for the trouble of keeping it. tators. (II. xv. 679-684.)  In the games of the
The party who makes the depositunl is called de- Roman circus this sport was also very popular.
ponens or depositor, and he who receives the thing  The Roman desultor generally rode only two
is called depositarius.  The act of deposit may be  horses at the same time, sitting on them without a
purely voluntary; or it may be from necessity, as saddle, and vaulting upon either of them at his
in the case of fire, shipwreck, or other casualty. pleasure. (Isid. Ors/q. xviii. 39.) He wore a hat or
The depositarius is bound to take care of the  cap made of felt. The taste for these exercises was
thing which he has consented to receive. He can- carried to so great an extent, that young men of
not use the thing unless he has permission to use  the highest rank not only drove bigae and quadit, either by express words or by necessary iha- rigae in the circus, but exhibited these feats of
plication.  If the thing is one " quae usu non con- horsemanship. (Suet. Jrul. 39.)  Among other nasunmitur," and it is given to a person to be used, tiO:l this species of equestrian dexterity  was




DIADEMA.                                        DIAETETICA                  395
applied to the purposes of war.  Livy mentions a  patra in Egypt. (Florus, iv. 11.)  Aelian says
troop of horse in the Numidian army, in which  (V. H. vi. 38) that the kings of that country l ad
each soldier was supplied with a couple of horses, the figure of an asp upon their diadems.  In proand in the heat of battle, and when clad in ar- cess of time the sculptors placed the diadema
mour, would leap with the greatest ease and cele- on the head of Zeus, and various other divinities
rity from that which was wearied or disabled upon  besides Dionysus; and it was also gradually asthe back of the horse which was still sound and  sumed by the sovereigns of the Western world.
fresh. (xxiii. 29). The Scythians, Armenians, and  It was tied behind in a bow; whence Tacitus
some of the Indians, were skilled in the same art.  (Ann. vi. 37) speaks of the Euphrates rising in
The annexed woodcut shows three figures of waves " white with foam, so as to resemble a diadesultores, one from a bronze lamp, published by  dem."  By the addition of gold and gems, and by
Bartoli (Antiche Lucerne Sepolcrali, i. 24), the  a continual increase in richness, size, and splenothers from coins.  In all these the rider wears a  dour, this bandage was at length converted into
pileus, or cap of felt, and his horse is without a  the crown which has been for many centuries the
saddle; but these examples prove that he had the  badge of sovereignty in modern Europe. [J. Y.]
use both of the whip and the rein.  On the coins    DIADICA'SIA  (8maSLtcaaei), in its most exwe also observe the wreath and palm-branch as  tended sense is a mere synonym of 1ric/: techniensigns of victory.                  [J. Y.]    cally, it denotes the proceedings in a contest for
preference between two or more rival parties; as,
for instance, in the case of several claiming to
succeed as heirs or legatees to the estate of a deceased person.  Upon an occasion of this kind, it
will be observed that, as all the claimants are
similarly situated with respect to the subject of
dispute, the ordinary classification of the litigants
as plaintiffs and defendants becomes no longer applicable. This, in fact, is the essential distinction
between the proceedings in question and all other
suits in which the parties appear as immediately
opposed to each other; but as far as forms are concerned, we are not told that they were peculiarly
I 07, \\     ////      characterised.  Besides the case above mentioned,
there are several others to be classed with it in
respect of the object of proceedings being an absolute acquisition of property.  Among these are
to be reckoned the claims of private creditors upon
a confiscated estate, and the contests between informers claiming rewards proposed by the state for
\  the discovery of crimes, &c., as upon the occasion
of the mutilation of the Hermae (Andoc. 14) and
__ghl=S>. j                    X n } \z~fi* uSthe like. The other class of causes included under
_____AR           i                    I'? - the general term consists of cases like the antidosis
of the trierarchs [ANTIDOSIS], contests as to who
was to be held responsible to the state for public
DETESTA'TIO  SACRORUM. [G0ENS.]    property alleged to have been transferred on one
DEVERSO'RIUM.  [CAUPONA.]                     hand and denied on the other (as in Dem. c.
DEUNX. [As, p. 140, b; LIBRA.]                Eveerg. et ll/[?es.), and questions as to who should
DEXTANS. [As, p. 140, b; LIBRA.]              undertake a choregia, and masny others, in which
DIABATE'RIA  (ieaCaTipia), a sacrifice of- exemptions from personal or pecuniary liabilities
fered to Zeus and Athena by the kings of Sparta, to the state were the subject of claim by rival
upon passing the frontiers of Lacedaemon with  parties.  In a diadicasia, as in an ordinary a3iey,
the command of an army.  If the victims were  the proper court, the presiding magistrate, and the
unlfavourable, they disbanded the army and re- expenses of the trial, mainly depended upon the
turned home. (Xen. De Rep. Lac. xi. 2; Thuc. peculiar object of the proceedings, and present no
v. 54, 55, 116.)                                leading characteristics for discussion under the
DIADE'MA (dl.3oada ), a white fillet used to  general term.  (Platner, Process und KlacWen, ii.
encircle the head (fiescia alba, Val. Max. vi. 2. p. 17. s. 9.)  [DIKE.]            [J. S. M.]
~ 7). The invention of this ornament is by Pliny    DIADOSEIS (&a54&eisz.)  [DIANOMSA.]
(vii. 57) attributed to c" Liber Pater."  Diodorus    DIAETA. [Domsus.]
Siculus adds (iv. p. 250, Wessel.), that he wore it    DIAETE'TICA, or DIAETE'TICE  (8LarrTto assuage headache, the consequence of indulgence  r'lack), one of the principal branches into which
in wine. Accordingly, in works of ancient art, Dio-  the ancients divided the art and science of medinysus wears a plain bandage on his head, as shown  cine. [MEDICINA.]  The word is derived from
in the cut under CANTHARUS.  The decoration  BLalna, which meant much the same as our word
is properly Oriental.  It is commonly represented  diet.  It is defined by Celsus (De Medic. Praefat.
on the heads of Eastern monarchs. Justin (xii. 3)  in lib. i.) to signify that part of medicine quae
relates that Alexander the Great adopted the large  victu nrzedetfur, " which cures diseases by means of
diadem of the kings of Persia, the ends of which  regimen and diet;" and a similar explanation is
fell upon the shoulders, and that this mark of roy- given by Plato (ap. Diog. Lai'rt. iii. 1. ~ 85.)
alty was preserved by his successors.  Antony  Taken strictly in this sense, it would correspond
asslnmed it in his luxurious intercourse with Cleo- very nearly with the modern dietetics, and this is




396'            DIAETETICA.                                         DjIAETETAE.
the meaning which it always bears in the earlier  ing, are also much insisted upon by the writers on
medical writers, and that which will be adhered  diet and regimen; but for further particulars on
to in the present article; in some of the later au- these subjects the articles BALNEAE and GYssINAthors, it seems to comprehend Celsus's second grand  siu1   must be consulted.  It may, however, h)b
division, P/7armaceutica, and is used by Scribonllis  added that the bath could not have been very
Largus (De Comzpos. Medicnam. ~ 200) simply in  common, at least in private families, in the time (;f
opposition to clirurpgia, so as to answer exactly to  Hippocrates, as he says (De Rant. IVict. in Mlor,.
the province of our plsysician.                   Acut. p. 62) that c there are few houses in which
No attention seems to have been paid to this  the necessary conveniences are to be found."
branch of medicine before the date of Hippo-    Another very favourite practice with the an.
crates. Homer represents Machaon, who had been  cients, both as a preventive of sickness and as a
wounded in the shoulder by an arrow (II. xi. 507) remedy, was the taking of an emetic from time to
and forced to quit the field, as taking a draught time.  The author of the treatise De Victus Hrtcomposed of wine, goat's-milk cheese, and flour tione, falsely attributed to Hippocrates, recom(ibid. 638), which  certainly no modern surgeon  mends it two or three times a month (lib. iii. p.
would prescribe in such a case.  (See Plat. De  710).  Celsus considers it more beneficial in the
Republ. iii. pp. 405, 406; Max. Tyr. Senrm. 29; winter than in the summer (De MlWedic. i. 3. p. 28),
Athen. i. p. 10.)  Hippocrates seems. to claim for and says that those who take an emetic twi.ce a
himself the credit of being the first person who  month had better do so -on two successive days
had studied this subject, and says that " the an-  than once a fortnight (Ibrd. p. 29).  At the time
cients had written nothing on it worth mention-  in which Celsus wrote, this practice was so coming" (De Rat. Vict. in M11orb. Acut. vol. ii. p. 26, monly abused, that Asclepiades, in his work De
ed. Kiihn). Among the works commonly ascribed  Sanitet Tuede2ca, rejected the use of emetics altoto Hippocrates, there are four that bear upon this  gether,' Offensus," says Celsus  (Ibid. p. 27),
subject.  It would be out of place here to attempt "eorumn consuetudine, qui quotidie ejiciendo voany thing like a complete account of the opinions randi facultatem  moliuntur."  (See also Plin.
of the ancients on this point; those who wish for 11. -V. xxvi. 8.)  It was the custom among the
more detailed information must be referred to the  ilomans to take an emetic immediately before their
different works on medical antiquities, while in  meals, in order to prepare themselves to eat more
this article mention is made of only such parti- plentifully; and again soon after, so as to avoid
culars as may be supposed to have some interest any injury from repletion.  Cicero, in his account
for the general reader.                            of the day that Caesar spent with him  at his
In the works of Hippocrates ansd his successors  house in the country (adl Att. xiii. 52), says, " Acalmost all the articles of food used by the ancients. cubuit, EstEl-cis agebat, itaque et edit et bibit
are mentioned, and their real or supposed pro- damSs et jucunde;" and this seems to have been
perties discussed, sometimes quite as fancifully as  considered a sort of compliment paid by Caesar to
by Burton in his Asnatom7sy of Mlelanclo7,y.  In  his host, as it intimated a resolution to pass the
some respects they appear to have been much less  day cheerfully, and to eat and drink freely with
delicate in their tastes than the moderns, as we  him.  I-He is represented as having done the same
find the flesh of the fox, the dog, the horse, and  thing when he was entertained by King Deiotarus
the ass spoken of as common articles of food. (Cic. Pr'o Deiot. c. 7).  The glutton Vitellius is
(Pseudo-Ilippocr. De Vict. Rat. lib. ii. vol. i. pp. said to have preserved his own life by constanlt
679, 680.)  With regard to the quantity of wine  emetics, while lie destroyed all his companioils
dtrank by the ancients, we may arrive at some- who did not use the same precaution (Suet. Vitell.
thing like certainty from  the fact that Caelius  c. 13; Dion Cass. lxv. 2), so that one of them,
Aurelianus mentions it as something extraordinary  who was prevented by illness from  dining with
that the famous Asclepiades at Rome in the first him  for a few  days, said, " I should certainly
century a. c., sometimes ordered his patients to  have been dead if I had not fallen sick."  Even
double and treble the quantity of wine, till at last women, after bathingr before supper, used to drink
they drank half wine and half water (De l3Iorb. wine and throw it up again to sharpen their apCboeon. lib. iii. c. 7. p. 386), from which it appears  petite -
that wine was commonly diluted with five or six                  [Falerni] " sextarius alter
times its quantity of water.  Hippocrates recom-  Ducitur ante cibilm, rabidam factures oreximn."
mends wine to be mixed with an equal quantity                              Juv. Sat. vi. 427, 428.
of water, and Galen approves of the proportion; so that it might truly be said, in the strong lanbut Le Clerc (Hist. de la il&l.) thinkls that this  guage of Seneca (Cons. ad HIelv. 9. ~ 10), " Vomunt,
was only  in particular cases.  In  one place  ut edant; edunt, ut vomrant."  (Compare Seneca,
(Pseudo-Hippocr. De Vict. Rat. lib. iii. ine file.)  oe Provid. c. 4. ~ 11, Epist. 95. ~ 21.)  By
the patient, after great fatigue, is recommended  some, the practice was thought so effectual for
LeOvOse6vaL _era~ ] Bis, in which passage it has been  strengthening the constitution, that it was the
much doubted whether actual inztoxicationz is meant, constant regimen of all the athletae, or professed
or only the " drinking freely and to cheerfulness,"  wrestlers, trained for the public shows, in order
in which sense the same word is used by St. John  to make them  more robust.  Celsus, however,
(ii. 10) and the LIXX. (Goen. xliii. 34; Cant. v. (I. c. p. 28), warns his readers against the too
1; and perhaps Gen. ix. 21).  According to Hip- frequent use of emetics without necessity and
pocrates, the proportions in which wine and water nmerely for luxury and gluttony, and says that
should be mixed together, vary according to the  no one who has any regard for his health, and
season of the year; for instance, in summer the  wishes to live to old age, ought to make it a daily
wine should be most diluted, and in winter the  practice.                             [W. A. G.]
least so. (Comlrare Celsus, De Medic. i. 3. p. 31.    I)IAETE'TAE  (iaeTrrtsat), arbitrators, um.
ed. Argent.)  Exercise of various sorts, and bath- pires.  The diaetetae mentioned by the Athenian




~DIAETETAE.                                          -DIAETETAE.                     397
orators, were of two kinds; the one public and           It is  doubtful whether the public Diaetetae
appointed by lot (icX7psTo'i), the other private and  took any general oath before entering upon their
chosen (alpeToL) by the parties who referred to  duties.  Such a guarantee would seem to be unnethem  the decision of a disputed point, instead of  cessary; for we read of their taking oaths previous
trying it before a court of justice; the judgments  to giving judgment in the particular cases which
of both, according to Aristotle, being founded on  came, before them.  (Isaeus, De Dicaeog. Hered.
equity  rather  than  law  (6d yp  iaiMriis ob   p. 54; Dem. c. C allip. p. 1244.)  From  this cire7rtLEKEs OpE, o If 8I &KaOsrs w'bs  rieoi, Ritetor. i.  cumrstance we should infer that no oath was ex13).  We shall, in the first place, treat of the  acted from  them before they entered upon office:
public diaetetae, following as closely as possible  Hudtwalcker is of a contrary opinion, and sugthe order and statements of Hudtwalcker in his  gests that the purport of their oath of office was
treatise  " Ueber  die  iiffentlichen  nnd  Privat-  the same as that of the Heliastic oath given by
Schiedsrichter Dibiteten in Athen, und den Process  Demosthenes (c. Timocr. p. 747).
vor denselben."                                          The Diaetetae  of the different tribes appear to
According to Suidas (s. v.), the public Diactetae  have sat in different places; as temples, halls, and
were required to be not less than 50 years of age; courts of justice, if not wanted for other purposes.
according to Pollux (viii. 126) and Hesychius, not  Those of the Oeneid and Erectheid tribes met in
less than 60.  With respect to their number there  the heliaea (Dem. e. Everg. p. 1142. 25.); we
is some difficulty, in consequence of a statement of read of others holding a court in the delphinium
Ulpian (Demosth. c. Alcid. p. 542. 15), according  (c. Boeot. ii. p. 1011), and  also in the  aT'aot
to which  it was 440, i. ae. 44  for each  tribe,  sroicMAXi (c. Steph. i. p. 1106). Again, we are told
({raV 68i rEo'crapes cal, TEceooapatco'vra, lcaO' EKdcieT7v  of slaves being examined by the Diaetetae sitting
spvxAv).  This number, however, appears so un-  for that purpose, under the appellation of Pao'avnecessarily large, more especially when it is con-  oral [ToRMEaNTUMs], in  the  hephaisteium, or
sidered that the Attic orators frequently speak of  temple of Poseidon. (Isocr. Tpa7reg. p. 361. 21, ed.
only one arbitrator in each case, that some writers  Bekker.)  Moreover, we are told of private arbihave, with  good reason, supposed  the reading  trators meeting in the temple of Athena on the
should  be -  seoas Nt reoseapda'o V'a,  cE'oeaapEss  Acropolis;  and, if the amended reading of Pollux
K. E. e.  At any rate, litigious as the Athenians  (viii. 126) is correct, we are informed by him, in
were, it seems that 40 must have been enough for  general terms, that the arbitrators formerly held
all purposes.                                         their courts  in the  temples  (afvr7a,'V  e&  ~epo's
The words KaO' Eecde'rov (pvXY', imply that each IrdaXa).   Harpocration also (s. v.) contrasts the
tribe had its own arbitrator; an inference which is  dicasts with  the arbitrators, observing that the
supported by Demosthenes (c. Eeroy. p. 1142. 25),  former had regularly  appointed courts of justice
where lie speaks of the arbitrators of the Oeneid  (&ro6deEt7e1Eiva).
and Erectheid tribes: as well as by  Lysins (c.    Another point of difference was the mode of
Parncl. p. 731), who, in the words rpooscAsidPEVros   playmllent, inasmuch as the  dicasts received an
evJvby  erpbs'robs'r'I7r'ofowYrdri s  isr(ov'rTa, is  allowance from  the state, whereas the only remuthought to allude to the Diaetetae of the Hippo-  aeration of the Diaetetae was a drachma deposited
thoontid tribe.  5With regard to the election  of  as a 7rapdo'cYao-is by the complainant, on the conlthese officers, it is doubtful whether they were  mencement of the suit, the same sum  being also
chosen by the members of the tribe for which they  paid for the avhCcwooqa, and every 67rcsoo-la sworn
adjudicated, or in a general assembly of the people.  during the proceedings.  (Pollux, viii. 39, 127;
Hudtwalcker inclines to the latter supposition, as  Harpocr. s. v.)  This?rapdo'ca- ls is the same as
being more probable: we do not think so; for it  the  6paXli  roo  AXet1roaprvptLo v mentioned  by
seems just as likely, if not more so, that the four  Demosthenes (c. Tinoth.. p. 1190). The defendant
arbitrators of each tribe were chosen in an asseli-  in this case had failed to give evidence as he ought
bly of the tribe itself.  Again, whether they were  to have  done, and therefore the plaintiff comappointed for life, or only for a definite period, is  menced proceedings against him  for this neglect,
not expressly mentioned by the orators; but as  before the arbitrators in the principal suit, the
none of the Athenian magistrates,  with the excep-  first step of which was the payment of the 7rapdtion of the Areiopagites, remained permalnently in  oTra rs.
office, and Demosthenes (c. Aleid. p. 542. 15) speaks   Thle public arbitrators were  Vsresvvoo, i. e. every
of the last day of the 1lth month of the year as  one who hlad, or fancied he had, a cause of com.
being the last day of the Diaetetae (7.reAeuvrasa  plaint against them for their decisions, might pros71~p'a r' v  t 1a1sT vrfV), it seems almlost certain that  ceed. against them  by elirayyTeXa, or information
they were elected for a year only.  The only oh-  laid before the senate.   For this purpose, says
jection to this conclusion arises fiom  a statement  Ulpian, whose statement is confirumed by Demoin a fragment of Isaeus (p. 361, ed. Reiske), where  stheaes (c. M1]eid.) in the case of Straton, the public
an arbitrator is spoken of as beiou  enuaged on a  Dia tetae were  towards  the close of their year
suit for two years (8Io e'sl  -ro    i aIealTrTO' Tr'y  of office, and during the latter days of the amonth
6l CK' EXoeros): if, however, we admnit the con-  Thargelion, required to present themselves in some
jectural readingc'trV  Ilss7Tcu1rT b, the meaning  would  fixed place, probably near the senate-house, that
be in accordanlce with what we infer from  other  they might be ready to ansiwer any charge brouglht
authorities, and would only imply that the same  against them, of which  they received a previous
cause came before the arbitrators of two different  notice.  The punishment, in case of condemnation,
years, a case which might not unfrequently happen; was actiian, or the loss of civic rights.  I-Iarpoif, on the contrary, the reading, of the text is cor-  cration (s. v.), however, informs us that the eso'ayrect, we must suppose that it was sometimes neces- y|eAa against the arbitrators was brought before
sary or convenienIt to re-elect an arbitrator for the  the dicasts or judges of the regular courts, but this
decision of a particular.case.  probably happened only on aplpeal, or in cases of




398             DIAETETAE.                                          DIAETETAE.
great importance, inasmuch as the  ovxu7 could  tion.  (Dem,. c. Apat. p. 896, c. Con. p. 1269. 19.)
not inflict a greater penalty than a fine of 500  The presumption or prepossession which might
drachmae with atimia.                              arise from a voluntary oath in the last case, might
As to the extent of the jurisdiction of the  be met by a similar OrpKX77roLs, tendered by the opl)iaetetae, Pollux (viii. 126) states, that in former posite party, to which the original challenger aptimes no suit was brought into a court before it pears to have had the option of consenting or not
had been investigated by the Diaetetae (ordAt as he might think proper. (Dem. Tiinoth. p. 1203;
o V'ala 3iK~c orphl EVrI &saLT'lTcS Eras   O    Et elyero). compare Arist. Rhlet. i. 16.)  In all cases where
There can be but little doubt that the word 7racdea  any of these  investigations or depositions were
here refers to a time which was ancient with re- made before the Diaetetae, we may conclude with
ference to the age of the Athenian orators, and  Hudtwalcker (p. 48), that they might be called as
therefore that this previous investigation was no  witnesses in subsequent stages of the action, either
longer requisite in the days of Demosthenes and  to state the evidence they had taken, or to prohis contemporaries.  Still we find the Diaetetae  duce the documents they had examined, and which
mentioned by them  in very many cases of civil were deposited by them in an echinus.  [APPELactions, and it is not unlikely that the magistrates,  LATIO (GREEa ).1
whose duty it was to bring actions into court    The proceedings in the trials before the public
(eioalyErv), encouraged the process before the arbi-  arbitrators were of two kinds, Ist, When two
trators, as a means of saving the state the pay- parties agreed by a regular contract to refer a
inent which would otherwise have been due to the  matter in dispute to a judge or judges selected from
dicasts.  Hudtwalcker is accordingly of opinion  them.  2dly, When a cause was brought before a
that the Diaetetae were competent to act in all public arbitrator, without any such previous comcases of civil actions for restitution or compensa-  promise, and in the regular course of law.  The
tion, but not of penal or criminal indictments  chief difference seems to have been that, in case
(-ypaeal), and, moreover, that it rested'With the  of a reference by contract between two parties, the
complainant whether his cause was brought before  award was final, and no appeal could be brought
them  in the first instance, or sent at once to a  before another court, though the unsuccessful party
higher court of judicature.   (Dem. c. Androt.  might, in some instances, move for a new  trial
p. 601. 18.)                                       (T'r!UA oVo'av'rlTXaXeYv, Dem. c. Mlleld. p. 541).
But besides  hearing cases of this sort the  Except in this point, of non-appeal, an arbitrator
Diaetetae sat as commissioners of inquiry on mat-  who was selected from the public Diaetetae by
ters of fact which could not be conveniently exa-  litigant parties, seems to have been subject to the
mined in a court of justice (Dem. c. Steph. p. 11 06), same liabilities, and to have stood in the same rejust as what is called an " issue " is sometimes  lation to those parties as an arbitrator appointed by
directed by our own Court of Chancery to an in- lot: the coulse of proceeding also appears to have
ferior court, for the purpose of trying a question of been the same before both (Dem. c. Meid. p. 541),
fact, to be determined by a jury.  Either party in  an account of which is given below. It must, howa suit could demand or challenge (7rpotcaAsedOat)  ever, be first stated, that there are strong reasons
an inquiry of this sort before an arbitrator, the  in support of H-udtwalcker's opinion, that whenchallenge being called 7rpdIocAVoLs: a term which  ever a suitor wished to bring an action before one
was also applied to the " articles of agreement "  or more of the public Diaetetae, he applied to one
by which the extent and object of the inquiry were  of the many officers called eroayw}ye's  (Dem. c.
defined.  (Dem.  c. Neaer. p. 1387.)  Many in-  Lacrit. p. 940. 5, c. Pantaen. p. 976. 10; Pollux,
stances of these 7rpoKA7Xoets  are found in  the  viii. 93), whose duty it was to bring the cause
orators; one of the most frequent is the demand  (eldfyerv ) into a proper court.  By some such
or offer to examine by torture a slave supposed to  officer, at any rate, a requisite number of arbitrabe cognisant of a matter in dispute, the damage  tors was allotted to the complainanlt, care being
which might result to the owner of the slave being  taken that they were of the same tribe as the deguaranteed by the' party who demanded the exa-  fendant.  (Harpocr. s. v. 3ta1rWlTat.)  Pollux (viii.
ruination. (Harpocr. s. v. 7rpOdcX1o-s.) See also De-  126) informls us that if a Diaetetes refused to
mosthenes (Onetor. i. p. 874), who observes that hear a cause, he might be punished with atimia:
the testimony of a slave, elicited by torture, was  but it appears that under extraordinary circumthought of more value by the Athenians than the  stances, and after hearing the case, a Diaetetes,
evidence of freemen.  Another instance somewhat  sometimes refused to decide himself, and referred,
similar to the last, was the srpKAcX-s-s el's e/.aprv-  the parties to a court of justice. (Dem. c. Ph/orszm.
pioas (Pollux, viii. 62), where a party proposed to  p. 913.)
his opponent that the decision of a disputed point    The process before the public Diaetetae was
should be determined by the evidence of a third  conducted in the following manner.  After comparty.  (Antiphon, De Cloreut. p. 144, ed. Bek-  plaint made, and payment of the 7rapd',rao'es, the
ker.)  Sometimes also we read of a 7rpocXAqorts, plaintiff supported his averment by an oath, to the
by which a party was challenged to allow the ex-  effect that his accusation was true, which the deamination of documents; as wills (Dem. c. Steph. fendant met by a like oath as to the matter of his
p. 1104), deeds, bankers' books, &c. (c. Tiszmoth.  defence.  W;\hen the oath (a&reToLotooa) had been
p. 1197).  It is manifest that the forms and ob-  thus taken by the parties, the arbitrators entered
jects of a 7rpdKcXqars would vary according to the  upon the inquiry, heard witnesses, examined documatter in dispute, and the evidence which was  ments, and held as many conferences (esorsot)
producible; we shall, therefore, content ourselves  with the parties, as might be necessary for the setwith adding that the term  was also used when  tlement of the question.  (See authorities, Hudta party challenged his adversary to make his alle-  walcker, p. 80.) The day of pronouncing judgment'
gation under the sanctionT of an oath, or offered to  (1 &arr4paao-  Tres T st7 s, Dem. c. Ever#. p. 1153)
make his own statements under the samle obliga-  was probably fixed by law, if we may judge from




DIAETETAE.                                      DIAMASTIGOSIS.                  399
the name (~ Cuvpia scil. 7.AsEpa) by which it is    This, however, was not the only means of setcalled in the orators; it might, however, with con- ting aside a judgment, inasmuch as it might also be
sent of both parties, be postponed.  The verdict effected by an &peois, or appeal to the higher
given was countersigned by the proper authorities,  courts [APPELLATIO (GREEIK)], and if false eviperhaps by the eioa'ycoye7s, and thereby acquired  dence had been tendered, by a iK tCa Kaco'EXVLcY
its validity.  The archons, mentioned by Demo-  (Harpocr. s. v.; Dem. c. Timoth. p. 1201. 5).
sthenes (c. Meid. p. 542) as having signed a judg-    It remains to speak of the strictly private arbiment, were probably thesmothetae, as the action  trators, chosen by mutual agreement between conwas a 3LKs1 talcaqyopias, which is, moreover, called  tendingparties, andthereforegelerally distinguished
an &aTrlpTos  Cae/ VM V IbKr, i.. an action where  by the title a'pe'roi, of whom it must be under
the plaintiff was not required to assess the damages  stood that they were not selected from the &taLr7T'al
(aestirnare liteez), the penalty, in case of a verdict of the tribes.  The powers with which they were
for him, being determined by law: this alone is suf-  invested, were, as we might suppose, not always
ficient to prove that the Diaetetae sometimes de- the same; sometimes they were merely  axhaawrai,
cided. in cases where the plaintiff sued for damages,  or chosen to effect a compromise or reconciliation:
as distinguished from those in which he sought thus Isaeus (De Dicaeog. flered. p. 54, ed. Bekk.)
restitution of rights or property; nor, indeed, does  speaks of arbitrators offering either to bring about
there seem any reason for supposing that their juris- a reconciliation if they could, without taking an
diction was not extended to the  cwOeEs T TY-quroi, or  oath, orto make anaward (a&roqa[ieo-OaO) upon oath.
actions where the plaintiff was required to assess or  Sometimes, on the other hand, they were purely
lay his damages, provided the assessment did not referees, and then their powers depended upon the
exceed some fixed aniount.  In support of this  terls of the agreement of reference; if these powers
opinion we may adduce the authority of Pollux  were limited, the arbitration was a aiarla E'rl
(viii. 127), who expressly states that the plaintiff  prDro7s (Isocr. c. Call. p. 373,ed. Bekk.). The agreemight assess his damages before the arbitrators, ment was not merely a verbal contract (slipulatio),
when the law did not do so for him.                but drawn up in writing ('7rmorpo7r q Kan' oevv'Ocas,
If the defendant were not present on the proper  Dem. c. Phor. p. 912), and signed by the parties 
day to make his last defence, judgmnent went it fixed the number of referees (generally three),
against him  by default (lpiptuim  dqhAe), the ar-  determined how many unanimous  iotes were nebitrator being obliged to wait till the evening (54,  cessary for a valid decision, and probably reserved
s'epas, Dem. c. rl'Ieid. p. 54], c. Timoth. p. 1190).  or prohibited, as the case might be, a right of apSometimes, however, the time of pronouncing sen- peal to other authorities.  (Isocr.  C. ll;  p. 375,
tence was deferred in consequence of a deposition  ed. Bekk.; Dem. c. Apat. p. 897.)
(,reoqoLIa,  Pollux, viii. 60; Harpocr. s. v.) al-    If there were no limitations, these Diaetetae
leging a satisfactory cause for postponement, such  were then, so to speak, arbitrators proper, accordas sickness, absence from  town, military service, ing to the definition of Festus (p. 15, ed. Miilor other reasons.  To substantiate these, the ap. ler): —" Arbiter dicitur judex, quod totius rei
plicant, when possible, appeared personally; but if habeat arbitrium  et potestatem."  Moreover, no
a party was prevented from appearing on the day  appeal could be brought against their judgment
of trial, by any unexpected event, the 67rwcoooi'a  (Dem. c. Aleiel. p. 545); though we read of an inmight be made on oath by authorised friends. stance of a party having persuaded his opponent to
(Deml.. c. Oly. p. 1174. 4; Pollux, viii. 56.) The  leave a matter to the arbitration of three persons 
vrcoolUogia might be met by a counter-statement  and afterwards, when he found they were likely to
(&aOv7rwopo-ria) from  the opposite party affirming  decide against himself, going before one of the
iis belief that the reasons alleged were fictitious  public arbitrators. (Dem. c. Ap1Teb. p. 862.)  We
or colourable.  In connection with this point, we  should, however, suppose that in this case there
may observe that, according to Pollux (viii. 60),  was no written OrveOirK.  The award was frethe motion for a new trial could only be sustained  quently given under the sanction of an oath, and
in cases where the applicant had made a r7rwyotlea, had the same force as the judgment which proand demurred either personally or by proxy against ceeded from a court of law, so that it might be folthe passing of judgment on the regular day. More-  lowed by a iK1y EroAXjr. (Demi. c. Callis. p. 1240.
over, it was incumbent on the party who wished for  22.)  We may add, that these private Diaetetae
a new trial to move for it within ten days after  are spoken of as sitting eiv T'I bep~, C-v Ad'H(paijudgment had been pronounced, and even then he  orEfT, and that in some cases it was customary
was obliged to take a kind of trwmot-oa, to the  to give notice of their appointment to the proper
effect that his absence on the proper day was in- archon or magistrate (a7ro(pEpeiv 7rpbs   v &appXYm),
voluntary. (Pollux, viii. 60.)  In default of com-  who, as IHudtwalcker suggests, may have acted as
pliance with these conditions, the previous sentence  an ety'aayWyevs in the case.  (Dem. c. Callip. p.
was confirmed. (Dem. e. Mleid. p. 542.)  We are  1244. 14, c. Meid. p. 542. 14.)         [R. W.]
told also by Photius (Lex. s. v. pri oo'Sa KnJ), that    DIAGRAPHEIS (etaypa0e7s). [EISPHORA.]
it was competent for plaintiff as well as defendant    DIA'LIS FLAMEN.  [FLAMEN.]
to move for a new trial on the grounds we have    DIAMARTY'RIA    (m&aeuapTvpia.)   [ANAmentioned.  Whenlit was granted, the formerver-  cRisis.]
diet was set aside (a ipip'u iAMieso), and the par-    DIAMASTIGO'SIS  (ta1maTrosyCwot-s), was a
ties went again before an arbitrator, probably  solemnity performed at Sparta at the festival of
through the instrumentality of the eio-aycWyeY, to  Artemis Orthia, whose temple was called Limwhom  application had been made in the first in- naeon, from its situation in a marshy part of the
stance.  The process itself is called a&m'vTAtrs in  town.  (Paus. iii. 16. ~ 6.)  The solemnity was
Greek, and does not seem to have been confined to  this: —Spartan youths (Er&p1o0) were scourged cn
trials before the Diaetetae: the corresponding term  the occasion at the altar of Artemis, by personm
in Roman law is restauzratio eremodicii.           appointed for the purpose, until their blood gushed




400            qDIAPSEPHISi:S.                                            DIASIA.
forth and covered the altar.  The scourging itself  (Harpocr. s. v. a8,uapXos); for in the case brought
was preceded by a preparation, by which those  forward  in the oration of Demosthenes against
who intended to undergo the diamastigosis tried to  Eubulides, we do not find that he was dernarch,
harden themselves against its pains.  Pausanias  but. it is merely stated that he was a member of
describes the origin of the worship of Artemis  the 3ovMxf.  When the demotae were assembled,
Orthia, and of the diamastigosis, ill the following  an oath was administered to them, in which they
manner:-  A  wooden statue of Artemis, which  promised to judge impartially, without favour toOrestes had brought from Tauris, was found in a  wards, or enmity against, those persons on whom
bush by Astrabacus and Alopecus, the sons of they might have to pass sentence.  The president
Irbus.  The two men were immediately struck  then read the names of the demotae from the remad at the sight of it.  The Limnaeans and the  gister, asking the opinion of the assembly (61aa74inhabitants of other neighbouring places then of-  (pi'Eo0at) respecting each individual, whether they
fered sacrifices to the goddess; but a quarrel en-  thought him  a true and legitimate citizen or not.
sued among them, in which several individuals were  Any  one then had the right to say what he
killed at the altar of Artemis, who now demanded  thought or knew  of the person in question; and
atonement for the pollution of her sanctuary. From   when any one was impeached, a regular trial took
henceforth human victims were selected by lot and  place.  (Dem. c. E-dbzd. p. 1302; Aeschin. De
offered to Artemis, until Lycurgus introduced the  Falts. Leg. p. 345.) Pollux (viii. 18) says that the
scourging of young men at her altar as a substitute  demotae on this occasion gave their votes with
for human sacrifices.                                leaves and not with pebbles as was usual, but DeThe diamastigosis, according to this account, was  mosthenes simply calls them   1(poit.  If a person
a substitute for human sacrifice, and Lycurgus  was found guilty of having usurped the rights of a
made it also serve his purposes of education, in so  citizen (&7rroeCf'feo-Oat), his name was struck from
far as he made it a part of the system of harden-  the lexiarchic register, and he himself was deing the Spartan youths against bodily sufferings. graded to the rank of an alien.  But if he did not
(Plut. Lye. 18, lInstit. Laced. p. 254; Cic. Tsscul. acquiesce in the verdict, but appealed to the great
v. 27.)  According to another far less probable ac-  courts of justice, at Athens, a heavier punishment
count, the diamastigosis originated in a circum-  awaited him, if he was found guilty there also; for
stance, recorded by Plutarch (Arfistil. 17), which  he was then sold as a slave, and his property was
happened before the battle of Plataeae.              confiscated by the state.  (Dionys. Hal. de Isaeo,
The worship of Artemis Orthia was unquestion-  c. 16. p. 617, ed. Reiske; *Ayagumest. ad Demosath.
ably very ancient, and the diamastigosis only a step  c. Eul)ul.)
from barbarism  towards civilisation.  Many Lnec-    If by any accident the lexiarchic registers had
dotes are related of the courage and intrepidity  been lost or destroyed, a careful scrutiny of the
with which young Spartans bore the lashes of the  same nature as that described above, and likewise
scourge; some even died without uttering a murmur  called laLv*fpots, took place, in order to prevent
at their sufferings, for to die under the strokes was  any spurious citizen from having his name entered
considered as honourable a death as that on the  in the new registers. (Dem. 1. c. p. 1306.)
field of battle.  (Compare Miiller's Dor. ii. 9. ~ 6.    It is commonly believed that the &6a'ptoiLs was
note k, and iv. 5. ~ 8., note c.; Malso, Spasta, i. 2. introduced at Athens in B. c. 419, by one Demop. 183.)                                 [L. S.]    philus. (Schiimann, De Conzitiis, p. 358, transl.;
DIA'NOMAE  (8tavooflaL)  or DIA'DOSEIS   Wachsmuth, IHellenz. Alterthumzsk. vol. i. p. 549,
(ameasodeLs) were public donations to the Athenian  211d ed.)  But it has justly been remarked by
people, which corresponded to the Roman coangiiica.  Siebelis on  Philochorus (Fraglin. p. 61 ), that
[CoNGIAnRIUs.]  To these belong the free distri- JHarpocration (s. v. 3amSahrmxts), the apparent anbutions of corn (Aristoph. Vesp. 715), the cleru-  thority for this supposition, cannot be interpreted
chiae [COLONIA (Greek)], the revenues friom the  in this sense.  One  aiaOqbiolts is mentioned by
mines, and the money of the theorica.  [T1E:O-  Plutarch (Peric. 37) as early as B. c. 445. ClinRICON.]                                             ton ( I. /I-. ii. p. 141) has, moreover, shown that
DIAPSE'PHISIS (&lae himo's), a political in-  the &ia;piqolers umentioned by H-arpocration, in the
stitution at Athens, the object of which was to pre-  archonship of Archias, does not belong to B. c. 419,
vent aliens, or such as were the offspring of an  but to B.c. 3:17. Compare Ilermatnn, M11anual of the
unlawful marriage, from  assuming the rights of Pol. Ant. of Greece, ~ 123. n. 14, &c.; and Schicitizens.  As usurpations of this kind were not mlann, 1. c., whose lengthened account, however,
uncommon at Athens (Plut. PericE. 37; Harpocr.  should be read with great care, as he makes some
s. V.?roraum6s), various measures had been adopted  statements which seem  to be irreconcilable with
against them  (ypa(pal e evas and &opoterias); but  each other, anld not founded onl good authority.
as none of them  had the desired effect, a new me- Tile source from which we derive most information
thod, the   nPa~O7& o-s was devised, according to  on this subject is the oration of Demosthenes against
which the trial on spurious citizens was to be held  Eubemlides.                              [L. S.]
by the demotae, within whose deme inItruders were' DIA'RIUM.  [SEavus.1
suspected to exist; for if each deme separately was    DIA'SIA (ldacia), a great festival celebrated at
kept clear of intruders, the wvhole body of citizens  Athens, without the walls of the city (byos T7is
would naturally  feel the benefit.  Every deme  orAXEws), in honour of Zeus, surnamed MemAIXior
therefore obtained the light or duty at certain  (Thuc. i. 126).  The whole people took part in
times to revise its lexiarchic registers, and to ascer-  it, and the wealthier citizens offered victims (sepEa),
tain llwhether any had entered their names who had  while the poorer classes burnt such incense as their
no claims to the rights of citizens.  The assembly  country furnished (gSUmaTa Crxciplma), which the
of the demotaec, in which these investigations took  scholiast on Thucydides erroneously explainis as
place. was held under the presidency of the de-  cakes in the shape of animals.  (Compare Xen.
march. or siome senator belonging to the deme  Anab. vii. 8. ~ 4; Lucina  Ti7n. 7; Aristoe;p




DICASTERION.                                          DICASTES.                  401
Nub. 402, &c.)  The diasia took place in the lat-  inscribed over the doorway.  With the exception
ter half of the  month of Anthesterion (Schol.  of the Heliaea, and those in which causes of murad A ristoph. 1. c.) with feasting and rejoicings, and  der were tried, they were probably protected from
was, like most other festivals, accompanied by a fair. the weather.  The  dicasts sat upon  wooden
(Aristoph. Nub. 841.) It was this festival at which  benches, which were covered with rugs or matting
Cylon was enjoined by an oracle to take possession  (/laOia,) and there were elevations or tribunes
of the acropolis of Athens; but he mistook the  (/rG/ara), upon which the antagonist advocates
oracle, and made the attempt during the celebra-  stood during their address to the court. The space
tion of the Olympian games. (Compare Pollux, i.  occupied by the persons engaged in the trial was
26; Suidas s. v.)  The etymology of ido-am, given  protected by a railing (6pv pdcr7oLs ) from the intruby most of the ancient grammarians (from  ALbS  sion of the bystanders; but in causes which bore
and ao-7) is false, the name is a mere derivative  upon the violation of the mysteries, a further space
from 3Lbs. as'A7roAc;vlma from'A7rdXWY. [L. S.]   of fifty feet all round was enclosed by a rope, and
DIASTYLOS.  [TEMPLUM.]                          the security of this barrier guaranteed by the
DIATRE/TA.  [VITaUM.]                           presence of the public slaves. (Meier, Att. Proc.
DIAULOS (LeavXos).  [STADIUs1.]                 p. 1141.)                            [J. S. M.]
DIAZO'MA (L8tciw'/a).  [SUBIGA.CULUMI.]            DICASTES (8ctacTl1s), in its broadest accepDICASTE'RION (8cKar'~psov      ), indicates both  tation a judge, more peculiarly denotes the Attic
the aggregate judges that sat in court, and the  functionary of the democratic period, who, with his
place itself in which they held their sittings.  For  colleagues, was constitutionally empowered to try
an account of the former, the reader is referred to  and pass judgment upon all causes and questions
the article DICASTES: with respect to the latter, that the laws and customs of his country pronounced
our information is very imperfect.  In the earlier  susceptible of judicial investigation. In the circunmages there were five celebrated places at Athens set stance of a plurality of persons being selected from
apart for the sittings of the judges, who had cog- the mass of private citizens, and associated temponizance of the graver causes in which the loss of rarily as representatives of the whole body of the
human life was avenged or expiated, viz. the areio- people, adjudicating between its individual mempagites and the ephetae.  These places were the  hers, and of such delegates swearing an oath that
Areiopagus [AREIloPAGus], and the E7rnl laeasBip, they would well and truly discharge the duties
eirl AEe4tP1r, Er' Ilpv-ravef, and  e'I,  pea'Tro7. entrusted to them, there appears some resemblance
The antiquity of these four last is sufficiently  between the constitution of the Attic dicasterion
-ouched for by the archaic character of the divi- and an English jury, but in nearly all other respects
sion of the causes that were appropriated to each:  the distinctions between them  are as great as the
in the first we are told that accidental deaths were  intervals of space aind time which separate their'
discussed; in the second homicides confessed, but several nations.  At Athens the conditions of his
justified; in the third there were quasi trials of eligibility were, that the dicast should be a free
inanimate things, which, by falling and the like,  citizen, in the enjoyment of his full franchise
had occasioned a loss of human life; in the fourth  (her-rTda), and not less than thirty years of age,
homicides who had returned from  exile, and com- and of persons so qualified six thousand were semitted a fresh manslaughter, were appointed to be  lected by lot for the service of every year.  Of the
tried.  With respect to these ancient institutions, precise method of their appointment our notices are
of which little more than the name remained when  somewhat obscure i but we may gather from them
the historical age commenced, it will be sufficient that it took place every year under the conduct of
to observe that, in accordance with the ancient the nine archons and their official scribe; that each
Greek feeling respecting murder, viz., that it par- of these ten personages, drew by lot the names of
took more of the nature of a ceremonial pollution  six hundred persons of the tribe assigned to him;
than a political offence, the presiding judge was  that the whole number so selectedwas again divided
invariably the king archon, the Athenian rex sa- by lot into ten sections of 500 each, together with
crorum; and that the places in which the trials were  a supernumerary one, consisting of a thousand perheld were open to the sky, to avoid the contami-  sons, from among whom the occasional deficiencies
nation which  the judges might incur by being  in the sections of 500 might be supplied. To each
under the same roof with a murderer. (Matthiae, of the ten sections one of the ten first letters of the
De Jud. Atli. p. 157.)  The places, however, re- alphabet was appropriated as a distinguishing mark,
mained after the office of the judges who originally  and a small tablet (7rv'acrovM), inscribed with the
sat there, was abolished; and they appear from  letter of the section and the name of the individual,
Demosthenes (c. Neaer. p. 1348. 21) to have been  was delivered as a certificate of his appointment to
occasionally used by the ordinary Heliastic judges  each dicast.  Three bronze plates found in the
when trying a cause of the kind to which they  Peiraeeus, and described by Dodwell (Travels, vol. i.
were originally appropriated.  The most important pp. 433-437), are supposed to have served this
court in later ages was the Heliaea, in which, we  purpose; the inscriptions upon them  consist of
are  told  by the grammarians, the  weightiest the following letters:-  A. AIOMA2PO: 4PEA,
causes were decided; and if so, we may conclude  E. AEINIA: AAAIET~, and B. ANTIXAPMOF
the thesmothetae were the presiding magistrates. AAMII, and bear besides representations of owls
Besides this, ordinary Heliastic courts sate in the  and Gorgon heads, and other devices symbolic of
Odeium, in the courts Trigonon, the  Greater the Attic people.  The thousand supernumeraries
(MeCov), the Middle (Mi'ov), the Green, the  had in all probability some different token, but ou
Red, that of Metiochus, and the Parabyston: but this we have no certain knowledge.
of these we are unable to fix the localities, or to    Before proceeding to the exercise of his funcwhat magistrates it was usual to apportion them. tions the dicast was obliged to swear the official
They were all painted with their distinctive co-  oath; which was done in the earlier ages at a place
lours; and, it appears, had a letter of the alphabet  called Ardettus, without the city, on the banks of
D D




402              DICASTES.                                              DIKE.
the Iltssus, but in after times at some other spot,  your clandestinely to obtain a sitting after business
of which we are not informed.  In the time of had begun.
Demosthenes the oath  (which is given at full    The dicasts received a fee for their attendance
length in Dem. c. Timoc. p. 746) asserted the  (Tb 8LKaOTLCr6Y  or UG0Oos 5LKacrTLKo's).  This payqualification of the dicast, and a solemn engage-  ment is said to have been first instituted by Pement by him to discharge his office faithfully and  rides (Aristot. Polit. ii. 9. p. 67, ed. Gittling;
incorruptibly in general, as well as in certain spe-  Plut. Per. 9; Plat. Gog. p. 515); and it is
cified cases which bore reference to the appoint-  generally supposed from Aristophanes (Nub. 840),
ment of magistrates, a matter in no small degree  who makes Strepsiades say that for the first obolus
under the control of the dicast, inasmuch as few  he ever received as a dicast, he bought a toy for his
could enter upon any office without having had  son, that it was at first only one obolus.  Accordtheir election submitted to a court for its approba-  ing to the Scholiast on Aristophanes (Ran. 140)
tion  [DocIMASIA]; and besides these, it con-  the pay was subsequently increased to two oboli,
tained a general promise to support the existing  but this seems to be merely an erroneous inference
constitution, which the dicast would of course be  from the passage of his author.  Three oboli or the
peculiarly enabled to do, when persons were ac-  triobolon (-rpL6ofAov) occurs as early as B. c. 425 in
cused before him  of attempting  its subversion.  the comedies of Aristophanes, and is afterwards
This oath being taken, and the divisions made as  mentioned frequently.  (Aristoph. Eq. 51, 255,
above mentioned, it remained to assign the courts  Fesp. 584, 654, 660, Ran. 1.540, &c.) Bickh has
to the several sections of dicasts in which they  inferred from these passages that the triobolon was
were to sit. This was not, like the first, an appoint-  introduced by Cleon about B. c. 421; but G. IIerment intended to last during the year, but took  mann (Praef: ad AXristoph. Nub. p. 1, &c. 2nd edit.)
place under the conduct of the thesmothetae, de  has disputed this opinion, at least so far as it is
novo, every time that it was necessary to impanel founded upon Aristophanes, and thinks that the
a number of dicasts.  In ordinary cases, when one, pay of three oboli for the dicasts existed before
two, or more sections of 500 made up the compIe-  that time.  However this may be, thus much is
ment of judges appropriated to trying the particular  certain, that the pay of the dicasts was not the
kind of cause in hand, the process was extremely  same at all times, although it is improbable that it
simple.  Two urns or caskets (KCXpwrTpLa) were  should ever have been two oboli.  (Aristot. ap.
produced, one containing tickets inscribed with the  Sc/lol. ad Aristoph. Vesp. 682; Hesych. s. v. 8bcadistinctive letters of the sections; the other fur-  o'r'c4'; Suid. s. v. Xator~ai.)  The payment was
nished, in like manner, with similar tickets to in- made after every assembly of a court of heliastae
dicate the courts in which the sittings were to be  by the Colacretae (Lucian, Bis accusat. 12, 15) ill
held.  If the cause was to be tried by a single  the following manner.  After a citizen had been
section, a ticket would be drawn simultaneously  appointed by lot to act as judge in a particular
from each urn, and the result announced, that sec- court, he received on entering the court together
tion B, for instance, was to sit in court r; if a  with the staff (aK1rTpia or pjdk~os) a tablet or
thousand dicasts were requisite, two tablets would, ticket (at` coAoI). After the business of the court
in like manner, be drawn from the urn that re-  was over, the dicast, on going out, delivered his
presented the sections, while one was drawn from  ticket to the prytaneis, and received his fee in rethe other as above mentioned, and the announce-  turn.  (Schol. ad Aristoph. Plut. 277; Suid. s. v.
ment might run that sections A and B were to sit fBaro'rpta; Etymol. M. s. v. v.  c/coxov; Pollux, viii.
in court r, and the like.  A  more complicated  16.)  Those who had come too late had no claim
system  must have been adopted when fractional to the triobolon. (Aristoph. Vesp. 660.)  The anparts of the section sat by themselves, or were  nual amount of these fees is reckoned by Aristoadded to other whole sections: but what this might phanes ( Vesp. 560, &c. with the Schol.) at 1 50
have been we can only conjecture, and it is ob- talents, a sum which is very high and can perhaps
vious that some other process of selection must only be applied to the most flourishing times of
have  prevailed  upon all those occasions when  Athens.  (Biickh, Publ. Econ. of Athens, p. 227,
judges of a peculiar qualification were required; 2nd ed.; Meier, Att. Proc. p. 125, &c. [J. S. M.]
as, for instance, in the trial of violators of the mys-    DICASTICON (LcrTacO'vlC).  [DICASTES.]
teries, when the initiated only were allowed to    DIKE' (3i b7), signifies generally any proceedjudge; and in that of military offenders who were  ings at law  by one party directly or mediately
left to the justice of those only whose comrades  against others.  (Harpocrat. s. v.; Pollux, viii. 40,
they were, or should have been at the time when  41.)  The object of all such actions is to protect
the offence was alleged to have been committed. the body politic, or one or more of its individual
It is pretty clear that the allotment of the dicasts  members, from injury and aggression; a distinc.
to their several courts for the day, took place in the  tion which has in most countries suggested the
manner above-mentioned, in the market place, and  division of all causes into two great classes, the
that it was conducted in all cases, except one, by  public and the private, and assigned to each its
the thesmothetae; in that one, which was when  peculiar form and treatment.  At Athens the first
the magistrates and public officers rendered an ac-  of these was implied by the terms public abcat, or
count of their conduct at the expiration of their term  &ayYes, or still more peculiarly by yparpal: causes
of office, and defended themselves against all charges  of the other class were termed private  i[cat or
of malversation in it [EUTHYNE], the logistae  &aycves, or simply 3icaL in its limited sense. There
-were the officiating personages.  As soon as the  is a still further subdivision of yparpai into 8rmuooiat
allotment had taken place, each dicast received a  and'S8at,5 of which the former is somewhat analostaff, on which was painted the letter and colour of gous to impeachments for offences directly against
the court awarded him, which might serve both as the state; the latter, to criminal prosecutions, in
a ticket to procure admittance, and also to dis-  which the state appears as a party mediately intinguish him from any loiterer that might endea- jured in the violence or other wrong done to indi.




DIKE. ~                                            DIKE.                   403
vidual citizens.  It will be observed that cases  accompany him to the polemarch's office; And there
frequently arise, which, with reference to the  produce bail for his appearance, or failing to do so,
wrong complained of, may with equal propriety be  submit to remain in custody till the trial.  The
brought before a court in the form of the 7ypeai    word  -avryyvaY  is peculiarly used of this proceedast mentioned, or in that of an ordinary Witc7, and  ing.  Between the service of the summons and apunder these circumstances the laws of Athens gave  pearance of the parties before the magistrate, it is
the prosecutor an ample choice of methods to  very probable that the law prescribed the intervindicate his rights by private or public proceed-  vention of a period of five days.  (Meier, Att.
ings (Dem. c. Andoc. p. 601), much in the same  Process, p. 580.)  If both parties appeared, the
way as a plaintiff in modern times may, for the  proceedings commenced by the plaintiff putting ill
same offence, prefer an indictment for assault, or  his declaration, and at the same time depositing his
bring his civil action for trespass on the person. share of the court fees (7rpv-ravea), the non-payIt will be necessary to mention some of the prin- ment of which was a fatal objection to the further
cipal distinctions in the treatment of causes of the  progress of a cause. (Matth. De Jud. Atli. p. 261.)
two great classes above mentioned, before proceed-  These were very trifling in amount.  If the subing to discuss the forms and treatment of the pri- ject of litigation was rated at less than  1 00
vate lawsuit.                                      drachmae, nothing was paid; if at more than 100
In a  aKic, only the person whose rights were  drachmae and less than 1000 drachmae, 3 drachmae
alleged to be affected, or the legal protector (IcVpios)  was a sufficient deposit, and so on in proportion.
of such person, if a minor or otherwise incapable  If the defendant neglected or refused to make his
of appearing sno jure, was permitted to institute  payment, it is natural to conclude that he underan action as plaintiff; in public causes, with the  went the penalties consequent upon non-appearexception of some few in which the person injured  ance; in all cases the successful party was reimor his family were peculiarly bound and interested  bursed his prytaneia by the other.  (Meier, Att.
to act, any free citizen, and sometimes, when the  Process, p. 613.)  The 7rapaKarraoX41 was another
state was directly attacked, almost any alien, was  deposit in some cases, but paid by the plaintiff
empowered to do so.  In all private causes, except only.  This was not in the nature nor of the
those of EtodVrl, BiaLcy, and  4atpEa Ecsws, the  usual amount of the court fees, but a kind of
penalty or other subject of contention was ex- penalty, as it was forfeited by the suitor in case he
clusively recovered by the plaintiff, while in most failed in establishing his cause.  In a suit against
others the state alone, or jointly with the prose-  the treasury, it was fixed at a fifth; in that of a
cutor, profited by the pecuniary punishment of the  claim to the property of a deceased person by ans
offender.  The court fees, called prytaneia, were  alleged heir or devisee, at a tenth of the value
paid in private but not in public causes, and a  sought to be recovered.  (Matth. De Jud. AtlZ.
public prosecutor that compromised the action with  p. 260.)  If the action was not intended to be
the defendant was in most cases punished by a  brought before an heliastic court, but merely subfine of a thousand drachmae and a modified dis- mitted to the arbitration of a diaetetes [DIAzfranchisement, while there was no legal impedi-  TETE SI,  a course which was competent to the
ment at any period of a private lawsuit to the  plaintiff to adopt in all private actions (Hudtreconciliation of the litigant parties.  (Meier, Att. walcker, De Dieetet. p. 35), the drachma paid iln
Process, p. 163.)                                  the place of the deposit above mentioned bore the
The proceedings in the 8ac7q were commenced  name of rapdc'arcrTs.  The deposits being made, it
by a summons to the defendant (7rpircXcAcrts)  became the duty of the magistrate, if no manifest
to appear on a certain  day before the proper objection appeared on the face of the declaration,
magistrate (eoaryw-yeSs), and there answer the  to cause it to be written out on a tablet, and excharges preferred against him. (Arist. Nub. 1221, posed for the inspection of the public on the wall
Av. 1046.)  This summons was often served by  or other place that served as the cause list of his
the plaintiff in person, accompanied  by one or court.  (Meier, Att. Process, p. 605.)
two witnesses [CLETERES], whose names were    The magistrate then appointed a day for the
endorsed upon the declaration (X.is or fEycAuqa). further proceedings of the anacrisis [ANACRISIS],
If there were an insufficient service of the sum- which was done by drawing lots for the priority
mnons, the lawsuit was styled a&rpolCXArw'os, and  in case there was a plurality of causes instituted at
dismissed by the magistrate.  (Hesych.)  From  the same time; and to this proceeding the phrase
the circumstance of the same officer that conducted  AaryXcYEL'v Bssrv, which generally denotes to bring
the anacrisis being also necessarily present at the  an action, is to be primarily attributed.  If the
trial, and as these were  besides  dies nefasti plaintiff failed to appear at the anacrisis, the suit,
(&aroppdces) and festivals, during which none, or of course, fell to the ground; if the defendant
only some special causes could be commenced, the  made  default, judgment passed  against him.
power of the plaintiff in selecting his time was, of (Meier, ltt. Process, p. 623.)  Both parties, howcourse, in some degree limited; and of several ever, received an official summons before their
causes, we know that the time for their institution  non-appearance was made the ground of either rewas particularised by law. (Aristoph. Nub. 1190.)  saIt.  An affidavit might at this, as well as at
There were also occasions upon which a personal other periods of the action, be made in behalf of
arrest of the party proceeded against took the  a person unable to attend upon the given day,
place of, or at all events was simultaneous with, and this would, if allowed, have the effect of postthe service of the sunimons; as for instance, poning further proceedings (/vrcoioorLa)  it might,
when the plaintiff doubted whether such party  however, be combated by a counter affidavit to the
would not leave the country to avoid answering  effect, that the alleged reason was unfounded or
the action; and accordingly we find that in such  otherwise insufficient (a&svOurwAola-a); and a quescases (Dem. c. Zenothl. p. 890, c. Aristog. p. 778)  tion would arise upon this point, the decision of
an Athenian plaintiff might compel a foreigner to  which, when adverse to the defendant, would
Dn 2




:40.t                 DIKE.                                          DICTATOR.
render him  liable to the penalty of contumacy.  which those that approved of the heavier penalty
(Dem. c. Olymp. p. 1174.)  The plaintiff was in  drew a long line, the others a short one. (Aristoph.
this case said Eppipal7v;~Xe-v: the defendant,?pimL7v  Vesp. 167.)  Upon judgment being given in a prioOxe-v, 8icK*W' being the word omitted in both  vate suit, the Athenian law left its execution very
phrases.  If the cause were primarily brought be-  much in the hands of the successful party, who was
fore an umpire (samrt'riTs), the anacrisis was con-  empowered to seize the movables of his antagonist
ducted by him; in cases of appeal it was dispensed  as a pledge for the payment of the money, or instiwith as unnecessary..The anacrisis began with  tute an action of ejectment (ZrovdXis) against the
the affidavit of the plaintiff (7rpowpoo4a), then  refractory debtor.  The judgment of a court of
followed the answer of the defendant (&,vrwAuocrla  dicasts was in general decisive (8bK?7 avroreX-'1s);
or &,rryopa(pl [ANTIGRAPHR1, then the parties pro- but upon certain occasions, as, for instance, when a
duced their respective witnesses, and reduced their  gross case of peijury or conspiracy could be proved
evidence to writing, and put in originals, or authen-  by the unsuccessful party to have operated to his
ticated copies,,of all the records, deeds, and con-  disadvantage, the cause, upon the conviction of
tracts that might be useful in establishing their  such conspirators or witnesses, might be comcase, as well as memoranda of offers and requisi-  mencedde noo. [APPELLATIO (GREEri).] In adtions then made  by either side (7rpotchA1eLs).  dition to which, the party against whom judgment
The whole of the documents wvere then, if the  had passed by default, had the power to revive
cause took a straight-forward course (eBvaucKia), the cause, upon proving that his non-appearance
enclosed on the last day of the anacrisis in a  in court was inevitable ('9v  plZlw &a'vTAaXeLV,
casket (4X)vos), which was sealed and entrusted  Platner, Process,and Klagen, vol. i. p. 396); this,
to the custody of the presiding magistrate, till it  however, was to be exercised within two months
was produced and opened at the trial.  During the  after the original judgment.  If the parties were
interval no alteration in its contents was per-  willing to refer the matter to an umpire (8tatnitted, and accordingly evidence that had been  7?'7z's), it was ill the power of the magistrate
discovered after the anacrisis was not producible  to transfer the proceedings as they stood to that
at the trial. (Dem. c. Boeot. i. p. 999.) -In some  officer; and in the same way, if the diaetetes concauses, the trial before the dicasts was by law ap-  sidered the matter ill hand too high for him, he
pointed to come on within a given time; in such  might refer it to the eixayoyevds, to be brought by
as were not provided for by such regulations, we  him before an heliastic court.  The whole of the
may suppose that it would principally depend upon  proceedings before the diaetetes were analogous to
the leisure of the magistrate.  The parties, how-  those before the dicasts, and bore equally the name
ever, might defer the day (Kvp:d) by mutual con-  of afltc: but it seems that the phrase a&,l-AaXe,
sent. (Dem. c. PLaenz. p. t042.)  Upon the court 17ry.dL oo-'av is peculiarly applied to the revival of
being assembled, the magistrate called on the cause  a cause before the umpire in which judgment had
(Platner, Process und Klaoen, vol. i. p. 182), and  passed by default.
the plaintiff opened his case.  At the commence-    The following  are the principal actions, both
ment of the speech, the proper officer (6 qp' ~8cop)  public and private, which we read of in the Greek
filled the clepsydra with water.  As long as the  writers, and which are briefly discussed under
water flowed from this vessel, the orator was per-  their several heads -
mitted to speak; if, however, evidence was to be    AIcK   or rpap  -'AaKilaS irpbs,rbv 8iaOv':
read by the officer of the court, or a law recited,'A'yeap-yioi:'A'ypadpiov:'A'ypcdpou!e'rdxAouv:
the water was stopped till the speaker recommenced.  A erias:'Axoyiou:'A1ftAw-ecws:'AleXiovu:'AvaThe quantity of water, or, in other words, the length  ywyoos':'ApavOdaXiovt  Avlparapmroepoi:'AvSpaof the speeches, was not by any means the same  7rd6wv'A-'AraTJeews Troev B7/aou:'Apopjs s:'A7roin all causes: in the speech against Macartatus,  Xetecos:'A7ro7rqt.Aecos: ArooaeLo:'Arrpoor'ra
and elsewhere, one amphora only was deemed  a0ov:'Apyi/as:'ApAyvpLov:'AreGefas:'Ae'rpa-relas:
sufficient; eleven are mentioned in the impeach-  AiTrotoAla's: MAroTve's: BEGUcsws: Beoeo.: Ba
ment-of Aeschines for misconduct in his embassy.  BAad77s: BouveveoEs:  KatclryopiaS: Kaeirc-ecos:
In some few cases, as those of cadccwors, according  KaIoreXoVerms  KKap7rov: Karaa-eores'on  7/yov:
to Harpocration, no limit was prescribed.  The  Ka-raomKoosrr: Xpeovs: Xwpiov: KXoX7ri: A EKascaspeeches were sometimes interrupted by the cry  oIA -..Aeitiar:  A'w, a: AcWpoe',las:'EyyIr:s
tKadga — " go down," in effect, "cease speaking"'E'votdou:'Eur-lpl7papX-',UaTroS:'E7rmrporrs:'ESafrom the dicasts, which placed the advocate in?ywys:'Etalpeo'eeos'Etovsi-s:'Apsrays: Eip-y/zov:
a serious dilemma; for if after this he still per-'E'raLtpeOws:'Iepoovxias:'T:roCoAXs: a"TpEoss:
sisted in his address, he could hardly fail to offend  Aetro,uaprupiov:  Aenroarv-i-ovT: Aeroo'rpamTiov:
those who bid him stop; if lie obeyed the order, AenroTraLov: Mto-e0o: MaOLSo-ecs oYico,: Motit might be found, after the votes had been taken, XEias: Nap/o,Ia/Oc  areos mtaOopas 0 aS: las:   paicaathat it had emanated from  a minority of the  Omn'sV: lapaeroeas: IlapavouaW: Ilapaerpoegeias:
dicasts. (Aristoph. Fesp. 973.) After the speeches  Ilapeo'-ypmaps:`papldicwv:  o,&,ov: Popas pa Vsaous
of the advocates, which were in general two on  Kacl p.eOue7cppL'vs:   pOopas TZoV fAevOepwm,: nlpoaeach side, and the incidental reading of the docan-  ysyaos: rlpoloo/as: rIpoEsMapopas: Ipourds: TYevmentary and other evidence, the dicasts proceeded   eTy'ypaMp7s:'lTeV'uotcAe'as:  Peva3opapTrvpe':
to give their judgment by ballot.  [PsErpnos.]'PqrTopLI:  tcvplae:  iTOV: Bvtcobpavias: Yveuco..
When the principal point at issue was decided in  aeov, or, oZr uvjmicvy rapaCdecos: Tpaduaeros v K
favour of the plaintiff, there followed in many cases  7rpovoias: Tvpavviaos.           [J. S. M.]
a further discussion as to the amount of damages,    DI/CROTUM.  [NAVIS.]
or penalty, which  the  defendant should pay.    DICTA'TOR, an extraordinary magistrate at
[TIM.EMA.]  The method of voting upon this  Rome. -The name is of Latin origin, and the ofquestion seems to have varied, in that the dicasts  fice probably existed in many Latin towns before it
used a small tablet instead of a ballot-ball, upon  was introduced into Rome (Dionys. v. 74). We




DICTATOR.                                          DICTATOR.'405
find it in' Lanuvium even in very late times (Clc.    By the original law respecting the appointment
pro Mil. 10).  At Rome this magistrate was ori-  of a dictator (lex de dictatore creamdo) no one was
ginally called magister populi and not dictator, and  eligible for this office, unless he had previously
in the sacred books he was always designated by  been consul (Liv. ii. 18).  We find, however, a
the former name down to the latest times. (Cic. few instances in which this law was not observed.
de Rep. i. 40, de Leg. iii. 3, de Fin. iii. 22; Var.  (See e.g. Liv. iv. 26, 48, vii. 24.)  When a dicL. L. v. 82, ed. Miller; Festus, s. v. optima lex, tator was considered necessary, the senate passed a
p. 198, ed. MiUller.)                              senatus consultum  that one of the consuls should
On the establishment of the Roman republic  nominate (dicere) a dictator; and without a prethe government of the state was entrusted to two  vious decree of the senate the consuls had not the
consuls, that the citizens might be the better pro- power of naming a dictator, although the contrary
tected against the tyrannical exercise of the supreme  used to be asserted in most works on Roman anpower.  But it was soon felt that circumstances  tiquities.  In almost all cases we find mention of
~might arise in which it was of importance for the  a previous decree of the senate (see e. y. ii. 30, iv.
safety of the state that the government should be  17, 21, 23, 26, 57, vi. 2, vii. 21, viii. 17, ix. 29,
vested in the hands of a single person, who should  x. 11,. xxii.. 57); and in the few instances, in which
possess for a season absolute power, and from whose  the appointment by the consul is alone spoken of,
decision there should be no appeal to any other the senatus consultum  is probably not mentioned,
body.  Thus it came to pass that in a. c. 501, simply because it was a matter of course. Niebuhr
nine years after the expulsion of the Tarquins, the  indeed supposes (Hist. of Rome, vol. i. p. 56(7)
dictatorship (dictatura) was instituted.  The name  that the dictator was originally created by the
of the first dictator and the immediate reason of his curiae, like the kings.  According to his view the
appointment were differently stated in the annalists.  senate proposed a person as dictator, whom  the
The oldest authorities mention T. Larcius, one of curiae elected and  the consul then proclaimed
the consuls of the year, as the first dictator, but (cliit); and after this proclamation the neawly
others ascribed this honour to M'.Valerius. (Liv. ii. elected magistrate received the imperium from the
18.)  Livy states (I. c.) that a formidable war with  curiae.  Niebuhr further supposes that the right of
the Latins led to the appointment; and he also  conferring the imperium may have led the curiae
found mentioned in the annals that the consuls of to dispense with voting on the preliminary nominal
this year were suspected of belonging to the party  tion of the senate.  But this election of the dieof the Tarquins; but in the latter case T. Larcius  tator by the curiae is only supported by two pas.
could not have been one of the consuls.  Dionysius  sages, one of Dionysius and the other in Festus,
relates at length (v. 63-70) that the plebs, who  neither of which is concltsive in favour of Niebuhr's
were oppressed by the weight of their debts, took  view.  Dionysius simply says (v. 70) that the die.
advantage of the danger of the republic to obtain  tator should be one " whom  the senate should
some mitigation of their sufferings, and refused to  nominate and the people approve of" (Exn, sVio.
serve in the army, and that thereupon recourse'or'Tal), but this may merely refer to the granting
was had to a dictator to bring them to their duty. of the imperium by the curiae.  In Festus (p. 198)
But as Livy makes no mention of any internal we read "M. Valerius -  qui primus magister a
disturbances in this year, and does not speak of populo creatus est;" bhit even if these were no
any commotions on account of debts till four years  corruption in this passage, we need only under.
subsequently, we may conclude that Dionysius has  stand that a dictator was appointed in virtue of a
in this case, as he has in many others, deserted the  senatus consultum, and certainly need not suppose
annalists in order to give what appeared to him  a  that by populus the curiae are intended: there
more satisfactory reason.  It is true that the pa- can however be hardly any doubt that the passage
tricians frequently availed themselves of the dic- is corrupt, and that the true reading is " qui
tatorship as a means of oppressing the plebs; but primus nregister populi ereatus est."  WVe may
it is certainly unnecessary to seek the first institu- therefore safely reject the election by the curiae.
tion of the office in any other cause than the simple    The nomination or proclamation of the dictator
one mentioned by Livy, namely, the great danger by the consul was, however, necessary in all cases.
with which the state was threatened.  Modern  It was always made by the consul, probably withscholars have stated other reasons for the establish-  out any witnesses, between midnight and morning,
raent of the dictatorship, which are so purely con- and with the observance of the auspices (surgens or
jectural and possess such little inherent probability, oriens noete silentio * dictatorens dicebat, Liv. viii.
that they do not require any refutation.  Thus  23, ix. 38, xxiii. 22; Dionys. x. 11).  The techNiebuhr infers (Hist. of Rome, vol. i. p. 564) from  nical word for this nomination or proclamation was
the Roman   dictator being appointed only for six  dicere (seldom oreare orfacere).  So essential was
months, that he was at the head both of Rome and  the nomination of the consuls, that we find the
of the Latin league, and that a Latin dictator pos-  senate on one occasion having recourse to the trisessed the supreme power for the other six months  bunes of the people to compel the consuls to nomi.
of the year; but this supposition, independent of nate a dictator, when they had refused to do so
other considerations, is contradicted by the fact, (Liv. iv. 26); and after the battle at the lake
that in the year in which the dictator was first ap-. Trasimenus, when all communication with the surpointed, Rome and the Latins were preparing for viving consul was cut off, the senate provided for
war with one another.  In like manner Huschke  the emergency by causing the people to elect a
(Verfassummg d. Servius Tulliuss, p. 516) starts the  prodictlitor, because, says Livy, the people could
strange hypothesis, that the dictatorship was part of not elect (creare) a dictator, having never up to
the constitution of Servius Tullius, and that a dic- that time exercised such a power (Liv. xxii. 8)..
tator was to be nominated every decennium for the
purpose of fixing the clavus asnalhis and of holding    * Respecting the  neaning of silentim  in rela.
the census,                                      | tion to the auspices, see AU ou, P. 176, b,
D na 3




4(06.DICTATOR.                                          -DICTATOR.
* n the same spirit it became a question, whether  Zonar. vii. 13), and no instances occur in which a
the tribuni militum  with consular power could  person held this office for a longer time, for the
nominate a dictator, and they did not venture to  dictatorships of Sulla and Caesar are of course not
do so till the augurs had been consulted and de-  to be taken into account.  On the contrary, though
clared it allowable (Liv. iv. 21).  The nomination  a dictator was appointed for six months, he often
of Sulla by an interrex and of Caesar by a praetor  resigned his office long previously, immediately
was contrary to all precedent and altogether illegal.  after lie had despatched the business for which he
(Comp. Cic. ad Alt. ix. 15.)  The senate seems to  had been appointed.  (Liv. iii. 29, iv. 46, vi. 29.)
have usually mentioned -in their decree the name  As soon as the dictator was nominated, a kind of
of the person whom the consul was to nominate  suspension took place with respect to the consuls
(Liv. iv. 17, 21, 23, 46, vi. 2, vii. 12, viii. 17, ix. and all the other magistrates, with the exception
29, x. 11, xxii. 57); but that the consul was not of the tribuni plebis.   It is frequently stated
absolutely bound to nominate the person whom the  that the duties and functions of all the ordinary
senate had named, is evident from  the cases in  magistrates entirely ceased, and some writers have
which the consuls appointed persons in opposition  even gone so far as to say that the consuls abdito the wishes of the senate (Liv. viii. 12, Epit.  cated (Polyb. iii. 87; Cic. de Leg. iii. 3; Dionys.
1 9; Suet. Tib. 2.)  It is doubtful what rule was  v. 70, 72); but this is not a correct way of stating
adopted, or whether any existed, for the purpose  the facts of the case.  The regular magistrates
of determining which of the two consuls should  continued to discharge the duties of their various
nominate the dictator.  In one case we read that  offices under the dictator, but they were no longer
the nomination was made bythe consul who had  independent officers, but were subject to the higher
the fasces (Liv. viii. 12), in another that it was  imperium of the dictator, and obliged to obey his
decided by lot (iv. 26), and in a third that it was  orders in every thing.  WVe often find the dictator
matter of agreement among themselves (iv. 21).  and the consuls at the head of separate armies at
In  later times the senate usually entrusted the  the same time, and carrying on war independent of
office to the consul who was nearest at hand.  The  one another (Liv. ii. 30, viii. 29); we see that
nomination took place at Rome, as a general rule; the soldiers levied by the dictator took the oath of
and if the consuls were absent, one of them was  allegiance to the consul (Liv. ii. 32), and that the
recalled to the city, whenever it was practicable  consuls could hold the consular comitia during a
(Liv. vii. 19, xxiii. 22); but if this could not be  dictatorship. (Liv. xxiii. 23.) All this shows that
done, a senatus consultum authorising the appoint-  the consuls did not resign their functions, although
nment was sent to the consul, who thereupon made  they were subject to the imperium of the dictator;
the nomination in the camp. (Liv. vii. 21, viii. 23, and accordingly, as soon as the' dictator abdicated,
ix. 38, xxv. 2, xxvii. 5.)  Nevertheless, the rule  they again entered forthwith into the full posseswas maintained that the nomination could not take  sion of the consular power.
place outside of the Ager i Romanuns, though the    The superiority of the dictator's power to that of
meaning of this expression was extended so as to  the consuls consisted chiefly in the three following
include the whole of Italia.  Thus we find the  points- greater independence of the senate, more
senate in the second Punic war opposing the nomi-  extensive power of punishment without any apnation of a dictator in Sicily, because it was out- peal (provocatio) from their sentence to the people,
side of the agerRomanus (extra agrzemRomanuin7-   and irresponsibility.  To these three points, must
eumn autem Italia term-iinari, Liv. xxvii. 5).     of course be added that he was not fettered by a colOriginally the dictator was of course a patrician. league.  We may naturally suppose that the dic..
The first plebeian dictator was C. Marcius Rutilus,  tator would usually act in unison with the senate;
nominated in a. c. 356 by the plebeian consul M. but it is expressly stated that in many cases where
Popillius Laenas.  (Liv. vii. 17.).            the consuls required the co-operation of the senate,
The reasons, which led to the appointment of a  the dictator could act on his own responsibility.
dictator, required that there should be only one at  (Polyb. iii. 87.)  For how long a time the dictl time.  The only exception to this rule occurred  tatorship was a magistratus sine provocatione, is
in B. c. 216 after the battle of Cannae, when M.  uncertain.  That there was originally no appeal
Fabius Buteo was nominated dictator for the pur-  from the sentence of the dictator is certain, and
pose of filling up the vacancies in the senate, al-  accordingly the lictors bore the axes in the fasces
though M. Junius Pera was discharging the regular  before them even in the city, as a symbol of their
duties of the dictator; but Fabius resigned on the  absolute power over the lives of the citizens, alday of his nomination on the ground that there  though by the Valerian law  the axes had disapcould not be two dictators at the same time. (Liv.  peared from the fasces of the consuls. (Liv. ii. 18,
xxiii. 22, 23; Plut. Fab. 9,)  The dictators that  29, iii. 20; Zonar. vii. 13; Dionys. v. 70, 75;
l ere appointed for carrying on the business of the  Pompon. de Osrig. Jur. ~ 1 8.) That an appeal afterstate were said to be nominated rei gerzcndae causa, wards lay from  their sentence to the people, is
or sometimes seditionis sedandae causa; and upon  expressly stated by Festus (s. v. optima lex), and
them, as well as upon the other magistrates, the  it has been  supposed that this privilege was
imperium was conferred by a Lex Czlriata.  (Liv. granted by the lex Valeria Horatia, passed after
ix. 38, 39; Dionys. v. 70.)  Dictators were also  the abolition of the decemvirate in B. C. 449,
frequently appointed for some special purpose, and  which enacted "ne quis ullume magistratum  sine
frequently one of small importance, of whom fur-  provocatione crearet."  (Liv. iii. 15).  But eleven
ther mention will be made below.  At present we  years afterwards the dictatorship is spoken of as a
confine our remarks to the duties and powers of magistratuzs sine provocatione; and the only inthe dictator rei gerundae cause.                   stance in Livy (viii. 33-34) in which the dictaThe dictatorship was limited to six months (Cic. tor is threatened with provocatio, certainly does
de Leg. iii. 3.; Liv. iii. 29, ix. 34, xxiii. 23; Dio-  not prove that this was a legal right; fbr L. Painys. v. 70, x. 25; Dlion Cass.: xxxvi. 17, xlii. 21;  pirius, who was then dictator, treated thle prov-:




DICTATOR.                                          DICTATOR.                   407
catio as an infringement of the rights of liis office. and toga praetexta also belonged to the dictator.
We may therefore suppose that the Lex Valeria  (Polyb. iii. 87; Dionys. x. 24; Plut. Fab. 4;
Hioratia only applied to the regular magistracies, Appian, B. 0. i. 100; Dion Cass. liv. 1.).
and that the dictatorship was regarded as exempt    The preceding account of the dictatorship apfrom it. Whether however the right of provocatio  plies more particularly to the dictator rei gerundae
was afterwards given, or the statement in Festus  causa; but dictators were also frequently appointed,
is an error, cannot be determined.  In connection  especially when the consuls were absent from the
with the provocatio there arises another question  city, to perform certainacts, which could not be done
respecting the relation of the dictatorship to the  by any inferior magistrate.  These dictators had
tribunes of the plebs.  We know that the tribunes  little more than the name; and as they were only
continued in office during a dictatorship; but we  appointed to discharge a particular duty, they had!vAe no reason to believe that they had any con-  to resign immediately that duty was performed;
trol over a dictator, or could  hamper his pro- and they were not entitled to exercise the power
ceedings by their intercessio  or auxiliuol, as they  of their office in reference to any other matter than
could in the case of the consuls.  The few  in-  the one for which they were nominated.  The ocstances, which appear to prove the contrary, are  casions on which such dictators were appointed,
to be explained in a different manner, as Becker  were principally:-  1. For the purpose of holding
has shown. That the tribunes continued in office as  the comnitia for the elections (comnitiorum habenindependent magistrates during a dictatorship, while  dortmz  cause). 2. For fixing the clavus sannelis in
all the other magistrates became simply the officers  the temple of Jupiter (clavifigendi causa) in times
of the dictator, is to be explained by the fact, that  of pestilence or civil discord, because the law said
the lex de dictatoee creando was passed before the  that this ceremony was to be performed by the
institution of the tribuneship of the plebs, and  praetor laxims,;o   and after the institution of the
consequently made no mention of it, and that as a  dictatorship the latter was regarded as the highest
dictator was appointed in virtue of a senatus con- magistracy  in the state  (Liv. vii. 3).  3. For
sultum, the senate had no power over the tribunes  appointing  holidays (feriarum  consts2tendarumn
of the plebs, though they could suspend the other causa) on the appearance of prodigies (Liv. vii.
magistrates.                                       28), and for officiating at the public games (luIt has been already stated that the dictator was  dorumzfiwciendorszo  cause), the presidency of which
irresponsible, that is, he was not liable after his  belonged to the consuls or praetors (viii. 40, ix.
abdication to be called to account for any of his  34).  4. For holding trials (quaestionbi2us exercenofficial acts.  This is expressly stated by ancient dis, ix. 36).  5. And on one occasion, for filling up
writers (Zonar. vii. 13, Dionys. v. 70, vii. 56; vacancies in the senate (legendo senatui, xxiii. 22).
Pint. Fab. 3; Appian, B. C. ii. 23), and, even if it    Along with the dictator there was always a
had not been stated,' it would follow from the very  mcsqister equituzm, the nomination of whom was left
nature of the dictatorship.  We find moreover no  to the choice of the dictator, unless the senatus coninstance recorded in which a dictator after his re- sultum specified, as was sometimes the case, the name
signation was made answerable for the misuse of of the person who was to be appointed (Liv. viii.
his power, with the exception of Camillus, whose  17, xxii. 57). The magister equitum had, like the
case however was a very peculiar one.  (Compare  dictator, to receive the imperium by a lex curiata
Becker, RM'?iisceh. Allerth. vol. ii. part ii. p. 172.)    (Liv. ix. 38).  The dictator could not be without
It was in consequence of the great and irre- a magister equitum, and, consequently, if the latter
sponsible power possessed by the dictatorship, that  died during the six months of the dictatorship,
we find it frequently compared with the regal another had to be nominated in his stead.  The
dignity, from which it only differed in being held  magister equitum was subject to the imperium of
for a limited time.  (Cic. de Rep. ii. 32; Zonar. the dictator, but in the absence of his superior he
vii. 13; Dionys. v. 70, 73; Appian, B. C. i. 99; became his representative, and exercised the same
Tac. Ann. i. 1.)  There were however a few  powers as the dictator. On one occasion, shortly belimits to the power of the dictator.  1. The most fore legal dictators ceased to be appointed, we find
important was that which we have often men- an instance of a magister equitum being invested
tioned, that the period of his office was only six  with an imperium  equal to that of the dictator, so
months.  2. He had not power over the treasury, that there were then virtually two dictators, but
but could only make use of the money which was  this is expressly mentioned as an anomaly, which
granted him by the senate.  (Zonar. vii. 13.)  3. had never occurred before (Polyb. iii. 103, 106).
He was not allowed to leave Italy, since he might in  The rank which the magister equitum held among
that case easily become dangerous to the republic  the other Roman magistrates is doubtful.  Nie(Dion Cass. xxxvi. 17); though the case of Ati-  buhr asserts (vol. ii. p. 390) " no one ever suplius Calatinus in the first Punic war forms an  posed that his office was a curule one;" and if he
exception to this rule.  (Liv. Epit. 19.)  4. -He  is right in supposing that the consular tribunate
was not allowed to ride on horseback at Rome, was not a curule office, his view is supported by
without previously obtaining the permission of the  the account in Livy, that the imperium  of the
people  (Liv. xxiii. 14; Zonar. vii. 13); a re- magister equitum was not regarded as superior to
gulation  apparently  capricious,  but  perhaps  that of a consular tribune (vi. 39).  Cicero on the
adopted that he might not bear too great a resem-  contrary places the magister equitum  on a par
blance to the kings, who were accustomed to ride.  with the praetor (de Leg. iii. 3); and after the
The insignia of the consuls were nearly the same  establishment of the praetorship, it seems to have
as those of the kings in earlier times; and of the  been considered necessary that the person who
consuls subsequently.  Instead however of having  was to be nominated magister equitumn  should
only twelve lictors, as was the case with the con- previously have been praetor, just as the dictator,
stls, he was preceded by twenty-four bearing the  according to the old law, had to be chosen from the
secures as well as the fasces.  The sella cmuru!is  consulars (Dion Cass. xlii,. 21). AccordinDgly, we
eD    4




408                 DIES.                                            DIES.
find at a later time that the magister equitum had  plied, like our word day, to the time during which,
the insignia of a praetor (Dion Cass. xlii. 27). according to the notions of the ancients, the sun
The magister equitum was originalliy, as his name  performed his course round the earth, and this
imports, the commander of the cavalry, while the  time they called the civil day (dies civilis, in Greek
dictator was at the head of the legions, the in-  vVxOtS0Epov, because it included both night and
fantry (Liv. iii. 27), and the relation between  day.  See Censorin. De Die Nat. 23; Plin. H. N.
them  was in this respect similar to that which  ii. 77, 79; Varro, De Re Rust. i. 28; Macrob. Sat.
subsisted between the king and the tribunus  i. 3).  The natural day (clies naturalis), or the
celerum.                                         time from the rising to the setting of the sun, was
Dictators were only appointed so long as the  likewise designated by the name dies.  The civil
Romans had to carry on wars in Italy. A solitary  day began with the Greeks at the setting of the
instance occurs in the first Punic war of the nomi-  sun, and with the Romans at midnight; with the
nation of a dictator for the purpose of carrying  Babylonians at the rising of the sun, and with the
on war out of Italy (Liv. Epit. 19); but this was  Umbrians at midday. (Macrob. I. c.; Gellius, iii.
never repeated, because, as has been already re- 2.)  We have here only to consider the natural
imarked, it was feared that so great a power might day, and as its subdivisions were different at difbecome dangerous at a distance from Rome.  But ferent tines, and not always the same among the
after the battle of Trasimene in B. c. 216, when  Greels as among the Romans, we shall endeavour
Rome itself was threatened by Hannihbal, recourse  to give a brief account of the various parts into
was again had to a dictator, and Q. Fabius Maxi- which it was divided by the Greeks at the diffemus was appointed to the office.  In the next rent periods of their history, and then proceed to
year, B. c. 216, after the battle of Cannae, M. Ju- consider its divisions among the Romans, to which
nius Pera was also nominated dictator, but this  will be subjoined a short list of remarkable days.
was the last time of the appointment of a dictator    At the time of the Homeric poems, the natural
rei gerundae causa.  From  that time dictators  day was divided into three parts (I1. xxi. 111).
were frequently appointed for holding the elections  The first, called  ci&s, began with sunrise, and comdown to B... 202, but from that year the dictator- prehended the whole space of time during which
ship disappears altogether.  After a lapse of 120  light seemed to be increasing, i. e. till midday. (II.
years, Sulla caused himself to be appointed dic- viii. 66, ix. 84, Od. ix. 56.)  Some ancient gramtator in B.C. 82, reipubldicee constituendae   causa  marians have supposed that in some instances
(Vell. Pat. ii. 28), but as Niebuhr remarks, " the  Homer used the word AcIs for the whole day, but
title was a mere name, without any ground for Nitzsch (Aesner7kzugen zur Odyssee, i. 125) has
such a use in the ancient constitution."  Neither  shown the incorrectness of this opinion.  The
the magistrate (interrex) who nominated himn, nor second part was called Eizoo {,uap or midday, durthe time for which he was appointed, nor the ex- ing which the sun was thought to stand still.
tent nor exercise of his power, was in accordance  (Hermias, ad Plat. Phaedr. p. 342.)  The third
with the ancient laws and precedents; and the  part bore the name of 8EX77 or sieXov iutap (Od.
same was the case with the dictatorship of Caesar. xvii. 606; compare Buttmann's Lexilog. ii. n. 95),
Soon after Caesar's death the dictatorship was  which derived its name from the increased warmth
abolished for ever by a lex proposed by the consul of the atmosphere.  The last part of the 86EsXq was
Antonius (Cic. Phil. i. 1; Liv. LEpit. 116; Dion  sometimes designated by the words -os- E'oa-repav
Cass. xliv. 51).  The title indeed was offered to  or 3ouXvwrds (Od. xvii. 191, Il. xvi. 779). Besides
Augustus, but he resolutely refused it in conse-  these three great divisions no others seem to have
quence of the odium attached to it from the tyranny  been known at the time when the Homeric poems
of Sulla when dictator (Suet. Aug. 52).          were composed.  The chief information respecting
During the time, however, that the dictatorship  the divisions of the day in the period after Homer,
was in abeyance, a substitute was invented for it, and more especially the divisions made by the
whenever the circumstances of the republic re- Athenimans, is to be derived from Pollux (Onone. i.
quired the adoption of extraordinary measures, by  68).  The first and last of the divisions made
the senate investing the consuls with dictatorial at the time of I-omer were afterwards subdivided
power. This was done by the well-known formula, into two parts.  The earlier part of the morning
Videant or dealt operame consules, ne quid r'espublica  was termed 7rpwt or'rpub i-s?47 Epas: the later,
detrimenti capiat. (Comp. Sall. Cartil. 29.)     wAxlOoaojs'rs &aopas, or 7repl 7ArhAiovrav a&opa&
(The preceding account has been mostly taken  (Hlerod. iv. 181; Xen. Iremoanob. i. 1. ~ 10,
from  Becker, Handbuec  der Rlimissehen  Alter-  fellen. i. 1. ~ 30; Dion Chrysost. Orat. lxvii).
thiibner, vol. ii. part ii. p. 150, &c.; comp. Niebuhr, The io'aov  tAoap of Homer was afterwards expresHist. of Rome, vol. i. p. 563, &c.; Gbttling, Ges- sed by speor7yfpil, jue'ov 7lpipar, or pe'nv1 {pai,
ceichte der Rinzisch. Staatsverjssuzng, p. 279, &c.)  and comprehended, as before, the middle of the day,
DICTY'NNIA  (8KcrV'7vma), a festival with  when the sun seemed neither to rise nor to decline.
sacrifices, celebrated at Cydonia in Crete, in honour The two parts of the afternoon were called MAsX7
of Artemis, surnamed AcirsTvna or ALKTv'vaia, 7rpooil- or 7rpwsa, and  eAisx  dmfVn or 0si~a (Herod.
from afKivoo, a hunter's net.  (Diodor. Sic. v. 76; vii. 167, viii. 6; Thucyd. iii. 74, viii. 26; comcompare Strabo x. p. 479;. Pausan. ii. 30. ~ 3.)  pare Libanius, Eipist. 1084).  This division conParticulars respecting its celebration are not known. tinued to be observed down to the latest period of
Artemis Aftvyva was also worshipped at Sparta  Grecian history, though another more accurate
(Paus. iii. 12. ~ 7), and at Ambrysus in Phocis.  division, and more adapted to the purposes of com(Paus. x. 36. ~ 3; compare the Schol. ad Asristoph. mon life, was introduced at an early period; for
Ran. 1284,  Vesp. 357; and Meursius, Creta, Anaximander, or according to others, his disciple
c. 3.)                                [L. S.]    Anaximenes, is said to have made the Greeks acDIES (of the same root as Msdr and deus, Butt-  quainted with the use of the Babylonian chronomann, Alythol. ii. p. 74).  The name dies was ap- meter or sun-dial (called  rAhos or &ppoA&yLov,




DIES.                                              DIES.                   409
sometimes with the epithet  -KeOs7pacJ,  or  xAta-  was allowed to administer  justice ill tile public
srav8pov) by means of which the natural day was  courts; they derived their name from jfri (fari
divided into twelve equal spaces of time.  (Herod. tric verba; do, dico, addico, Ovid, Fast. i. 45, &c.;
ii. 109; Diog. Laert. ii. 1. 3; Plin. H. N. ii. 6. Varro, De Ling. Lat. vi. 29, 30. ed. MiUller;  Ia78; Suidas, s. v.'AvaSavspos.)  These spaces  crob. Sat. i. 16). On some of the dies fasti comnitia
were, of course, longer or shorter according to the  could be held, but not on all. (Cicero, pro Sext. 1 5,
various seasons of the year.  The name hours  with the note of Manutius.)  Dies might be fasti
(ROpa), however, did not come into general use till in three different ways: 1. diesfasli proprie at toti
a very late period, and the difference between  or simply diesfasti, were days on which the praenatural and equinoctial hours was first observed by  tor used to hold his courts, and could do so at all
the Alexandrine astronomers.                       hours.  They were marked in the Roman calendar
During the early ages of the history of Rome, by the letter F, and their number in the course of
when artificial means of dividing time were yet the year was 38 (Niebuhr, H7ist.  of Ro~me, iii.
unknown, the natural phenomena of increasing  p. 314); 2. dies propie sed non totifltsti, or dies
light and darkness formed with the Romans, as  intercisi, days on which the praetor might hold his
with the Greeks, the standard of division, as we  courts, but not at all hours, so that sometimes one
see from the vague expressions in Censorinus (De  half of such a day was fastus, while the other half
Die Nat. 24).  Pliny states (H. N. vii. 60) that was nefastus.  Their number was 65 in the yeal,
in the Twelve  Tables only the rising and the  and they were marked in the calendar by the silgns
setting of the sun were mentioned as the two  Fpp'fihstusprino, Np -2efstzss primzo, EnL=enparts into which the day was then divided, but from  dotercisu s= i5ntercisus, Q. Rex C. F = quai2do Rex
Censorinus (I. c.) and Gellius (xvii. 2) we learn  conitio f2git,  or qualCdo  Rex  comlitiCait fils,
that midday (oneridies) was also mentioned. Varro  Q. St. Df    qa ncaldo st.ercus  lefertuzr;  3. dies
(De Ling. Lot. vi. 4, 5, ed. Miiller; and Isidor.  no  p7ropie sed casuz fAsti, or days which were
Orig. v. 30 and 31) likewise distinguished three  not fhsti properly speaking, but became fasti acparts of the day, viz., mwane, nmeridies, and suprezla, cidentally; a dies comitialis, for instance, might
scil. ternpestas, after which no assembly could be  become fastus, if either during its whole course, or
held in the forum.  The lex Plaetoria prescribed  during a part of it, no comitia were held, so that it
that a herald should proclaim the suprema in the  accordingly became either a dies fastus totus, or
comitium, that the people might know that their  fastus ex parte.  (Macrob. Sat. i. 16; Varro, De
meeting was to be adjourned.  But the division of Linq. Lat. 1. c.)
the day most generally observed by the Romans,    DIES NEFASTI were days on which neither
was that into temnpus anteszeridianum and pomeri-  courts of justice nor comitia were allowed to be
diaiszm. the nseridies itself being only considered  held, and which were dedicated to other purposes.
as a point at which the one ended and the other  (Varro, 1. c.)  According to the ancient legends
commenced.  But as it -Was of importance that this  they were said to have been fixed by Numa Ponmmoment should be known, an  especial officer pilius. (Liv. i. 19.) Fromtheremarks made above
[AccENsus] was appointed, who proclaimed the  it will be understood that one part of a day might
time of midday, when from the curia he saw the  be fastus while another was nefastus. (Ovid. Fast.
sun standing between the rostra and the graeco-  i. 50.)  The  unzdinae, which had originally been
stasis.  The division of the day into twelve equal dies fasti for the plebeians, had beenmade nefasti
spaces, which, here as in Greece, were shorter in  at the time when the tvwelvemonths-year was inwinter than in summer, was adopted at the time  troduced; but in B. c. 286 they were again made
when artificial means of measuring time were in-  fasti by a law of Q. Hortensius. (Macrob. Sat. i.
troduced among the Romans from  Greece.  This  16.)  The term dies nefasti, which originally had
was about the year B. C. 291, when L. Papirius  nothing to do with religion, but simply indicated
Cursor, before the war with Pyrrhus, brought to  days on which no courts were to be held, was in
Rome an instrument called solarium  horologium, subsequent times applied to religious days in geor simply solarium.  (Plaut. ap. Gelliton, iii. 3. neral, as dies nefasti were mostly dedicated to the
~ 5; Plin. If. N. vii. 60.)   But as the solarium   worship of the gods.  (Gellius, iv. 9, v. 17.)
had been made for a different latitude, it showed    In a religious point of view all days of the year
the time at Rome very incorrectly.  (Plin. 1. c.)  were either dies./ sti, or dies proftst, or dies interScipio Nasica, therefore, erected in B. C. 159 a  cisi.  According to the definition given by Macropublic clepsydra, which indicated the hours of the  bius, dies festi were dedicated to the gods, and
night as well as of the day.  (Censorin. c. 23.)  spent with sacrifices, repasts, games, and other
Before the erection of a clepsydra it was cus-  solemnities; dies profesti belonged to men for the
tomary for one of the subordinate officers of the  administration of their private and public affairs.
praetor to proclaim  the third, sixth, and ninth  They were either diesfizsti, or comnitiales, or coinhours; which shows that the day was, like the  perendini, or stati, or proeliales.  Dies intercisi
night, divided into four parts, each consisting of were common between gods and men, that is,
three hours.  See Dissen's treatise, De Partibus  partly devoted to the worship of the gods, partly
Noctis et Dici ex Divisiolsibus Veterunm, in his  to the transaction of ordinary business.
Kleine Lateinische und Deutsclhe Schnri/ien, pp. 130,    We have lastly to add a few remarks on some
150.  Compare the article HOROLOGIUAs.             of the subdivisions of the dies profesti, which are
All the days of the year were, according to dif-  likewise defined by Macrobius.  Dies cogzitiales
ferent points of view, divided by the Romans into  were days on which comitia were held; their numdifferent classes.  For the purpose of the admini-  ber was 184 in a year.  Dies co2sperendizi were
stration of justice, and holding- assemblies of the  days to which any action was allowed to be transpeople, all the days were divided into dies fasti ferred (quibus svadiioniums licet dicere, Gaiuns iv.
and dies nefasti.                                  ~ 15).  Dies stati were days set apart for causes
Dxrs FPASTI were the days on which the practor  between Roman citizens and foreigners (qui judicii




-410            DIMACHERI.                                        DIONYSTA.
causa caun peregrinis institszuntur).  Dies proeliales    DIMENSUM.  [SEavus.]
were all days on which religion did not forbid to    DIMINU'TIO  CA'PITIS.  [CAP UT.]
commence a war; a list of days and festivals on    DIO'BOLOS.  [DRACHMA.]
which it was contrary to religion to commence a    DIOCLEIA (dsXcAesa), a festival celebrated by
war is given by Macrobius.  See also Festus, s. v. the Megarians in honour of an ancient Athenian
Compare Manutius, De 7eteraum Dierum Ratione, hero, Diocles, around whose grave young men asand the article CALENDARIUM.          [L. S.]    senhbled on the occasion, and amused themselves
DIFFAREA'TIO.  [DIVORTIUM.]                    with gymnastic and other contests. We read that
DIGESTA.  [PANDECTA.E.]                        he who gave the sweetest kiss obtained the prize,
DIGITA'LIA.  [MANICA.]                         consisting of a garland of flowers.  (Theocrit.
DI'GITUS.  [PEs.]                              Idyll. xii. 27, &c.)  The Scholiast on Theocritus
DIIPOLEIA (s7nro'XEta), also called AL7rdXEla  (I. c.) relates the origin of this festival as foIor Alro'dta, a very ancient festival celebrated every  lows: - Diocles, an Athenian exile, fled to Meyear on the acropolis of Athens in honour of Zeus, gara, where he found a youth with whom he fell
surnamed IloslAes. (Paus. i. 14. ~ 4; comp. Anti-  in love.  In some battle, while protecting the
phon, 120. 10.)  Suidas and the Scholiast on  object of his love with his shield, he was slain.
Aristophanes (Pax, 410) are mistaken in believing  The Megarians honoured the gallant lover with a
that the Diipolia were the same festival as the  tomb, raised hins to the rank of a hero, and in
Diasia.  It was held on the 14th of Scirrophorion.  commemoration of his faithful attachment, instiThe manner in which the sacrifice of an ox was  tuted the festival of the Diocleia.  See Bickh, ad
offered on this occasion, and the origin of the rite, Pined. Olymp. vii. 157. p. 176, and the Scholiast,
are described by Porphyrius (De Abstinent. ii. ad Asistoph. Achasrn. 730, where a Megarian
~ 29), with whose account may be compared the  swears by Diodes, from which we may infer that
fragmentary descriptions of Pausanias (i. 28. ~ 11)  he was held in great honour by the Megarians.
and Aelian (1. H. viii. 3). The Athenians placed  (Compare  Welcker's  Saeplpo, p. 39, and  ad
barley mixed with wheat upon the altar of Zeus  Tkzeogn. p. 79.)                       [L. S.]
and left it unguarded; the ox destined to be sacri-    DIONY'SIA  (AeovS~,a), festivals celebrated
ficed was then allowed to go and take of the seeds. in various parts of Greece in honour of Dionysus.
One of the priests, who bore the name of ovqoupvos  We have to consider under this head several
(whence the festival was sometimes called 8ov-  festivals of the same deity, although some of them
pdvia), at seeing the ox eating, snatched the axe, bore different names; for here, as in other cases,
killed the ox, and ran away.  The others, as if the name of the festival was sometimes derived
not knowing who had killed the animal, made in-  from  that of the god, sometimes from the place
quiries, and at last also summoned the axe, which  where it was celebrated, and sometimes from some
was in the end declared guilty of having committed  particular circumstance connected with its celebrathe murder.  This custom  is, said to have arisen  tion.  WVe shall, however, direct our attention
from the following circumstance:- -In the reign  chiefly to the Attic festivals of Dionysus, as, on
of Erechtheus, at the celebration of the Dionysia,  account of their intimate connection with the
or, according to the Scholiast on Aristophanes (Nub.  origin and the development of dramatic literature,
972), at the diipolia, an ox ate the cakes offered  they are of greater importance to us than any other
to the god, and one Baulon  or Thaulon, or, ancient festival.
according to others, the /Bovudvos, killed the    The general character of the festivals of Dioox with  an  axe  and fled  from  his country. nysus was extravagant merriment and enthusiastic
The murderer having thus escaped, the axe was joy, which manifested themselves in various ways.
declared  guilty, and the rite observed at the  The import of some of the apparently unmeaning
diipolia was performed in commemoration of that and absurd practices in which the Greeks indulged
event.  (Compare Suidas and Hesych. s. v. 3ov- during the celebration of the Dionysia, has been
ptdvma.)  This legend of the origin of the diipolia  well explained by MUller (Hist. of the Lit. of Asc.
manifestly leads us back to a time when it had not  Greece, i. p. 289): -" The intense desire felt by
yet become customary to offer animal sacrifices to  every worshipper of Dionysus to fight, to conquer,
the gods, but merely the fruits of the earth. to suffer in common with him, made them regard
Porphyrius also informs us that three Athenian  the subordinate beings (satyrs, panes, and nymphs,
families had their especial (probably hereditary)  by whom the god himself was surrounded, and
functions to perform at this festival.  Members of through whom life seemed to pass from him into
the one drove the ox to the altar, and were thence  vegetation, and branch off into a variety of beauticalled icsrpa'pi3at: another family, descended from  fifl or grotesque forms), who were ever present to
3aulon and called the  30ovr7ror, knocked the  the fancy of the Greeks, as a convenient step by
victim down; and a third, designated by the name  which they could approach more nearly to the
of aemrpon, killed it.  (Compare Creuzer's Mlythlol.  presence of their divinity.  The customs so prevaund S//anbol. i. p. 172, iv. p. 122, &c.)  [L. S.]   lent at the festivals of Dionysus, of taking the disDIMACHAE  (alfadXat), Macedonian horse-  guise of satyrs, doubtless originated in this feeling,
soldiers, who also fought on foot when occasion  and not in the mere desire of concealing excesses
required.  Their armour was heavier than that of under the disguise of a mask, otherwise so serious
the ordinary horse-soldiers, and lighter than that and pathetic a spectacle as tragedy could never
of the regular heavy-armed foot.  A servant ac-  have originated in the choruses of these satyrs.
companied each soldier in order to take care of his  The desire of escaping from self into something
horse when he alighted to fight on foot.  This  new and strange, of living in an imaginary world,
species of troops is said to have been first intro- breaks forth in a thousand instances in these
duced by Alexander the Great.  (Pollux, i. 132; festivals of Dionysus.  It is seen in the colnuring
Curtius, v. 13.)                                the body with plaster, soot, vermilion, and difDIMACHERI. [GLADIATOaRES.]                    ferent sorts of green and red juices of plants, wears




DIONYSjA.                                        DIONYSIA.                  4 l'ig goats and deer skins round the loins, covering  held with the highest degree of merriment and
the face with large leaves of different plants; and, freedom; even slaves enjoyed full liberty during
lastly, in the wearing masks of wood, bark, and  its celebration, and their boisterous shouts on the
other materials, and of a complete costume belong-  occasion were almost intolerable.  It is here that
ing to the character."  Drunkenness, and the  we have to seek for the origin of comedy, in the
boisterous mutsic of flutes, cymbals, and drums, jests and the scurrilous abuse which the peasants
were likewise common to all Dionysiac festivals. vented upon the bystanders from  a waggon in
In the processions called 5faioo  (from  aelayw),  which  they rode  about (Kcc6ios /p' &kaYev ).
with which they were celebrated, women also took  Aristophanes ( Vesp. 620 and 1479) calls the comic
part in the disguise of Bacchae, Lenae, Thyades, poets'rpuvypot, lee-singers; and comedy,'rpvuyW[a,
Naiades, Nymphs, &c., adorned with garlands of lee-song (SAc/arn. 464, 834; Athen. ii. p. 40);
ivy, and bearing the thyrsus in their hands (hence  from the custom of smearing the face with lees of
the god was sometimes called OqXxsUopcpos), so  wine, in which the merry country people indulged
that the whole train represented a population in-  at the vintage.  The Ascolia and other amusespired, and actuated by the powerful presence of ments, which were afterwards introduced into the
the god.  The choruses sung on the occasion were  city, seem also originally to have been peculiar to
called dithyrambs, and were hymns addressed to  the rural Dionysia. The Dionysia in the Peiraeeus,
the god in the freest metres and with the boldest as well as those of the other demes of Attica, beimagery, in which his exploits and achievements  longed to the lesser Dionysia, as is acknowledged
were extolled.  [CHORUS.]  The phallus, the  both by Spalding and Bickh.  Those in the
symbol of the fertility of nature, was also carried  Peiraeeus were celebrated with as much splendour
in these processions (Plut. De Cupid. Divit. p. as those in the city; for we read of a procession, of
-527, D; Aristoph. Acl/arn. 229, with the Schol.; the performance of comedies and tragedies, which
1-lerod. ii. 49), and men disguised as women, at first may have been new as well as old pieces;
called lOtiqpaXAot (Hesych. s. v.; Athen. xiv. p. but when the drama had attained a regular form,
622), followed the phallus.  A  woman called  only old pieces were represented at the rural
Aleuvoqdpos carried the ALimov, a long basket con- Dionysia. Their liberal and democratical character
taining the image of the god.  Maidens of noble  seems to have been the cause of the opposition
birth (eavy71dppoi) used to carry figs in baskets, which these festivals met with, when, in the time
which were sometimes of gold, and to wear gar-  of Peisistratus, Thespis attempted to introduce the
lands of figs round their necks. (Aristoph. Achaor.  rural amusements of the Dionysia into the city of
1. c.; Lysistr. 647; Natal. Com. v. 13.)  The in-  Athens.  (Plut. Sol. c. 29, 30; Diog. Laert. Sol.
dulgence in drinking was considered by the Greeks  c. ] 1.)  That in other places, also, the introducas a duty of gratitude which they owed to the  tion of the worship of Dionysus met with great
giver of the vine; hence in some places it was  opposition, must be inferred from the legends of
thought a crime to remain sober at the Dionysia.  Orchomenos, Thebes, Argos, Ephesus, and other
(Lucian, De Calumn. 16.)                         places.  Something similar seems to be implied in
The Attic festivals of Dionysus were four in  the account of the restoration of tragic choruses to
number: the Awovm lta IaT' /&ypo's, or the rural Dionysus at Sicyon. (Herod. v. 67.)
Dionysia, the Aivata, the'APVOE-r4Tpa,  and the    The second festival, the Lenaea (from Aqv's,
AmoviYa eiv  e-aset. After Ruhnken (Auctaer. ad  the wine-press, from  which also the month of
Hesyc/s. vol. i. p. 199) and Spalding (Ab/iandl.  Gamelion was called by the Ionians Lenaeon), was
de}r Berl. Acad. von 1804-1811, p. 70, &c.) had  celebrated in the month of Gamelion; the place of
declared the Anthesteria and the Lenaea to be only  its celebration was the ancient temple of Dionysus
two names for one and the same festival, it was  Limnaeus (from  Ai'/LYv, as the district was origenerally taken for granted that there could be no  ginally a swamp, whence the god was also called
doubt as to the real identity of the two, until in  Amcuvaseysvs).  This temple, the Lenaeon, was
1817, A. Biickh read a paper to the Berlin  situate south of the theatre of Dionysus, and close
Academy (  iom Unterscttiede der A ttisclten Lenaee, by it.  (Schol. ad A}istoph. bRa. 480.)  The
A:2zthesierien und liiadl. Dionysien, published in  Lenaea were celebrated with a procession and
1319, in the Ab/handl. d. Berl. Acad.), in which  scenic contests in tragedy and comedy. (Demosth.
he established by the strongest arguments the  c. Mid. p. 517.)  The procession probably went
difference between the Lenaea and Anthesteria. to the Lenaeon, where a gaat (r'pdyos, hence the
An abridgment of Bbckh's essay, containing all chorus and tragedy which arose out of it were
that is necessary to form a clear idea of the whole  called Tpa7yKlS Xopds, and Tpa8Lyrpsa) was sacriqcluestion, is given in the Philological 5Museumn, ficed, and a chorus standing around the altar sang
vol. ii. p. 273, &c. A writer in the Classical lrlu-  the dithyrambic ode to the god. As the dithyramb
seum, Th. Dyer (vol. iv. p. 70, &c.), has since  was the element out of which, by the introduction
endeavoured to support Ruhnken's view with some  of an actor, tragedy arose [CHORUS], it is natural
new argumnents.  The season of the year sacred  that, in the scenic contests of this festival, tragedy
to Dionysus was during the months nearest to the  should have preceded comedy, as we see from the
shortest day (Plot. De El' ap. Delph. 9), and the  important documents in Demosthenes. (I. c.)  The
Attic festivals were accordingly celebrated in the  poet who wished his play to be brought out at the
Poseideon, Gamelion (the Lenaeon of the Ionians), Lenaea applied to the second archon, who had the
Anthesterion, and Elaphebolion.                  superintendence of this festival as well as the
The Aonso-ta tcaor' a&ypo's, or utKpa', the rural or Anthesteria, and who gave him the chorus if the
lesser Dionysia, a vintage festival, were celebrated  piece was thought to deserve it.
in the various demes of Attica in the month of    The third Dionysiac festival, the Ant/testeria,
Poseideon, and. were under the superintendence of was celebrated on the 12th of the month of
the several local maigistrates, the demarchs.  This  Anthesterion (Thucyd. ii. 15); that is to say, the
was doubtless the most ancient of all, and was second day fell on the 12th, for it lasted three




412              DIONYSTA.                                           DIONYSIA.
days, and the first fell on the 11th (Suidas, s. v.  which seem to have consisted in purifications by
Xo's), and the third on the 13th (Philoch. ap. air, water, or fire. (Serv. ad Aen. vi. 740; Paus.
Suidam, s. v. XvrpoI).  The second archon super-  ix. 20. ~ 4; Liv. xxxix. 13.)  The initiated perintended the celebration of the Anthesteria, and  sons wore skins of fawns, and sometimes those of
distributed the prizes among the victors in the  panthers.  Instead of ivy, which was worn in the
various games which were carried on during the  public part of the Dionysia, the mystae wore
season. (Aristoph. Achalrn. 1143, with the Schol.)  myrtle.  (Schol. ad Aristoph. Rcan.330.)  The
The first day was called  rlOotyia: the second,  sacrifice offered to the god in these mysteries conXOES: and the third, XVrTpo0.  (Harpocrat. and  sisted of a sow, the usual sacrifice of Demeter, and
Suidas, s. v.; Schol. ad  Aristoph. Ran. 219; in some places of a cow with calf.  It is msore
Athen. x. p. 437, vii. p. 276, and iv. 129.)  The  than probable that the history of Dionysus was
first day derived its name from the opening of the  symbolically represented in these mysteries, as the
casks to taste the wine of the preceding year; the  history of Demeter was acted in those of Eleusis,
second from XoUs, the cup, and seems to have been  which were in some respects connected with the
the day devoted to drinking. The ascolia seem to  former. (Schol. ad Ar-istoph. Ran. 343.)
have been played on this day.  [AscoI.IA.]  We    The fourth Attic festival of Dionysus, Atovlrta
read in Suidas (s. v.'Aco'ds) of another similar  Ei' &-TEts, &h'TrLc& or EydXCAa, was celebrated about
amusement peculiar to this day.  The drinker  the 12th of the month of Elaphebolion (Aesch.
placed himself upon a bag filled with air, trumpets  c. Ctesiplz. p. 63); but we do not know whether
were  sounded, and  he  who  emptied  his cup  they lasted more than one day or not.  The order
quickest, or dralk most, received as his prize a  in which the solemnities took place was, according
leather bag filled with wine, and a garland, or, ac-  to the documnent in Demosthenes, as follows: -
cording to Aelian (V. H. ii. 41), a golden crown.  The great public procession, the chorus of boys,
(Aristoph. Acharn. 943, with the Schol.)  The  the K/scos [CHoRus], comedy, and, lastly, tragedy.
Cc6pos e' &,uapCS   also took place on this day, We possess in Athenaeus (v. p. 197, 199) the deand the jests and abuse which persons poured  scription of a great Bacchic procession, held at
forth on this occasion were doubtless an imitation  Alexandria in the reign of Ptolemaeus Philadelof the amusements customary at the rural Dionysia.  phus, from which we may form some idea of the
Athenaeus (x. p. 437) says that it was customary  great Attic procession.  It seems to have been
on the day of the Choes to send to the sophists  customary to represent the god by a man in this
their salaries and presents, that they too might procession.  Plutarch (Aic. 3), at least, relates
enjoy themselves with their friends.  The third  that on one occasion a beautiful slave of Nicias
day had its name from  XVrTpos, a pot, as on this  represented Dionysus (compare Athen. v. p. 200).
day persons offered pots with flowers, seeds, or A  ridiculous imitation of a Bacchic procession is
cooked vegetables, as a sacrifice to Dionysus and  described in Aristophanes (Eccles. 759, &c.).  Of
Hermes Chthonius.  (Schol. ad Aristoph. Acharn.  the dramas which were performed at the great
1009; Suidas, s. v. Xtrpot.)  With this sacrifice  Dionysia, the tragedies at least were generally
were connected the ay7veS  XS')hrpivo  mentioned  new pieces; repetitions do not, however, seem to
by the Scholiast on Aristophanes (Ran. 220), in  have been excluded from any Dionysiac festival.
which the second archon distributed the prizes.  The first archon had the superintendence, and
Slaves were permitted to take part in the general gave the chorus to the dramatic poet who wished
rejoicing3 of the Anthesteria; but at the close of to bring out his piece at this festival.  The prize
the day, they were sent home with the words  awarded to the dramatist for the best play con-:Spate, KapEs, oelc &r''AV, E-'~pta. (Hesych. s. v. sisted of a crown, and his name was proclaimed
OvparSC; Proclus, ad Ilesiod. Op. et Dies.)      in the theatre of Dionysus. (Demosth. De Coron.
It is uncertain whether dramas were performed  p. 267.)  Strangers were prohibited from taking
at the Anthesteria; but Bickh supposes that co-  part in the choruses of boys.  During this and
medies were represented, and that tragedies which  some other of the great Attic festivals, prisoners
were to be brought out at the great Dionysia  were set free, and nobody was allowed to seize
were perhaps rehearsed at the Anthesteria.  The  the goods of a debtor; but a war was not intermysteries connected with the celebration of the  rupted by its celebration.  (Demosth. c. Boeot.
Anthesteria were held at night, in the ancient de Nome. p. 999.)  As the great Dionysia were
temple E't AIUvaLT, which was opened only once  celebrated at the beginning of spring, when the
a year, on the 12th of Anthesterion.  They were  navigation was re-opened, Athens was not only
likewise under the superintendence of the second  visited by numbers of country people, but also by
archon and a certain number of'ilrUeXalra.  He  strangers from  other parts of Greece, and the
appointed fourteen priestesses, called yepaspat or  various amusements and exhibitions on this ocyEpapai, the venerable, who conducted the cere-  casion were not unlike those of a modern fair.
monies with the assistance of one other priestess.  (Isocr. Areop. p. 203, ed. Bekker; Xen. Hiero,
(Pollux, viii. 9.)  The wife of the second archon  i. 11; compare Becker, Clsarikles, ii. p. 237, &c.)
(aoftriAra) offered a mysterious sacrifice for the  Respecting  the scrupulous regularity, and the
welfare of the city; she was betrothed to the god  enormous sums spent by the Athenians on the
in a secret solemnity, and also tendered the oath  celebration of these and other festivals, see Deto the geraerae, which, according to Demosthenes  mosthenes (Philip. i. p. 50).  As many circum(c. Nreamr. p. 1371. 22), ran thuLs:   "I am pure  stances connected with the celebration of the
and unspotted by any thing that pollutes, and have  Dionysia cannot be made clear without entering
never had intercourse with man. I will solemnize  into minute details, we must refer the reader to
the Theognia and Iobakeheia at their proper time,  Btckh's essay.
according to the laws of my ancestors."  The ad-    The worship of Dionysus was almost universal
mission to the mysteries, from  which men were  among the Greeks in Asia as well as in Europe,
excluded, took plac2 after especial preparations,  and the character of his festivals was the same




DIONYSIA.                                         -DIONYSIA.                  413
ev-erywhere, only modified by the national differ-  changed the whole method of celebration: she
ences of the various tribes of the Greeks.  It is  admitted men to the initiation, and transferred
expressly stated that the Spartans did not indulge  the solemnisation which had hitherto taken place
so much in drinking during the celebration of the  during the daytime to the night. Instead of three
Dionysia as other Greeks.  (Athen. iv. p. 156;  days in the year, she ordered that the Bacchanalia
Plato, De Leg. i. p. 637.)  The worship of Dio-  should be held during five days in every month.
nysus was in general, with the exception of Co-  It was from the time that these orgies were carrinth, Sicyon, and the Doric colonies in southern  ried on after this new plan that, according to the
Italy, less popular among the Doric states than in  statement of an eye witness (Liv. xxxix. 13),
other parts of Greece.  (MUller, Dorians, ii. 10.  licentiousness and crimes of every description were
~ 6; Bbttiger, Ideen z. Asrchaeol. der ]l4alerei,  committed.  MLIen as well as women indulged in
p. 289, &c.)  It was most enthusiastic in Boeotia  the most unnatural appetites, and those who atin the orgies on Mount Cithaeron, as is well  tempted to stop or to oppose such odious proknown from  allusions and descriptions in several  ceedings fell as victims.  It was, as Livy says, a
Roman poets.  That the extravagant merriment,  principle of the society to hold every ordinance
and the unrestrained conduct with which all fes-  of god and nature in contempt.  Men, as if seized
tivals of this class were celebrated, did in the  by fits of madness, and under great convulsions,
course of time lead to the grossest excesses, cannot  gave oracles; and the matrons, dressed as Bacbe denied; but we must at the same time acknow-  chae, with dishevelled hair and burning torches in
ledge, that such excesses did not occur until a  their hands, ran down to the Tiber and plunged
comparatively late period. At a very early period  their torches into the water; the torches, howof Grecian history, Bacchic festivals were so-  ever, containing sulphur and chalk, were not exlemnized with human sacrifices, and traces of this  tinguished.  MIen who refused to take part in the
custom  are discernible even until very late.  In  crimes of these orgies, were frequently thrown into
Chios this custom  was superseded by another,  dark caverns and despatched, while the perpeaccording to which the Bacchae were obliged to  trators declared that they had been carried off by
eat the raw pieces of flesh of the victim  which  the gods.  Among the number of the members of
were distributed among them. This act was called  these mysteries, were, at the time when they were
c.pocpayia, and Dionysus derived from it the name  suppressed, persons of all classes; and during the
of Copdslos and    jo-,T7 s. There was a report that last two years, nobody had been initiated who
even Themistocles, after the battle of Salamis, sacri-  was above the age of twenty years, as this age
ficed three noble Persians to this divinity.  (Plut.  was thought most fit for seduction and sensual
Themnist. 13, Pelop. 21; compare Thirlwall, Hist. pleasure.
of Greece, ii. p. 310.)  But Plutarch's account of    In the year B. c. 186, the consuls Spurius Pos.
this very instance, if true, shows that at this time  tumius Albinus and Q. Marcits Philippus were
such savage rites were looked upon with horror.   informed of the existence of these meetings; and
The worship of Dionysus, whom  the Romans  after having ascertained the facts mentioned above,
called Bacchus, or rather the Bacchic mysteries  they made a report to the senate.  (Liv. xxxix.
and orgies (Bacchanalia), are said to have been  14.)  The senate, alarmed by this singular disintroduced from  southern Italy into Etruria, and  covery,  and although dreading lest members of
from thence to Rome (Liv. xxxix. 8), where for a  their own families might be involved, invested the
time they were carried on in secret, and, during  consuls with extraordinary power, to inquire into
the latter period of their existence, at night.  The  the nature of these nocturnal meetings, to exert all
initiated, according to Livy, did not only indulge  their energy to secure the priests and priestesses,
in feasting and drinking at their meetings, but to issue a proclamation throughout Rome and
when their minds were heated with wine, they  Italy, forbidding any one to be initiated in the
indulged in the coarsest excesses and the mnost Bacchic mysteries, or to meet for the purpose of
unnatural vices.  Young girls and youths were  celebrating them; but above all things, to submit
seduced, and all modesty was set aside; every  those individuals who had already been secured
kind of vice found here its full' satisfaction.  But  to a rigid trial.  The consuls, after having given
the crimes did not remain confined to these meet-  to the subordinate magistrates all the necessary
ings: their consequences were manifest in all direc- instructions, held an assembly of the people, in
tions; for false witnesses, forgeries, false wills, which the facts just discovered were explained to
and denunciations proceeded from  this focus of the public, in order that the objects of the procrime.  Poison and assassination were carried on  ceedings which were to take place might be known
under the cover of the society; and the voices of to every citizen.  A reward was at the same time
those who had been fraudulently drawn into these  offered to any one who might be able to give
orgies, and would cry out against the shameless  further information, or to name ally one that bepractices, were drowned by the shouts of the Bac-  longed to the conspiracy, as it was called.  Meachantes, and the deafening sounds of drums and  sures were also taken to prevent any one from
cymsbals.                                          leaving Italy. During the night following, a great
The time of initiation lasted ten days, during  number of persons were apprehended; many of
which a person was obliged to abstain from all them put an end to their own lives.  The whole
sexual intercourse; on the tenth he took a solemn  number of the initiated was said to be 7000. The
meal, underwent a purification by water, and was  trial of all those who were apprehended lasted
led into the sanctuary (Bacchanal).  At first only  thirty days.  Rome was almost deserted, for the
women were initiated, and the orgies were cele-  innocent as well as the guilty had reason to fear.
brated every year during three days.  Matrons  The punishment inflicted on those who were conalternately performed the functions of priests. But  victed, varied according to the degree of their
Pacula Annia, a Campanian matron, pretending  guilt; some were thrown into priseon, others were
to act turder the direct influence of Bacchus,  put to death.  The women Awere surrendered to,




414              DIONYSIA.                                       DIRITBITORES.
their parents or husbands, that they might receive  virilis.  (Cic. ad Att. vi. 1.)  That the Liberalia
their punishmrent in private.  The consuls then  were celebrated with various amusements and great
were ordered by the senate to destroy all Baccha-  merriment, might be inferred from  the general
nalia throughout Rome and Italy, with the excep- character of Dionysiac festivals; but we may also
tion of such altars or statues of the god as had  see it from  the name Ludi Liberales, which is
existed there from ancient times. In order to pro- sometimes used instead of Liberalia; and Naevius
vent a restoration of the Bacchic orgies, the cele-  (ap. Fest.) expressly says that persons expressed
brated decree of the senate (Senatus auctoritas de  themselves very freely at the Liberalia.  St.
Bacchccanalibus) was issued, commanding that no  Augustine (De Civ. Dei, vii. 21) even speaks of
Bacchanalia should be held either in Rome or a high degree of licentiousness carried on at this
Italy; that if any one should think such cere- festival.                               [L. S.]
monies necessary, or if he could not neglect them  DIOSCU'RIA  (8om'copLa),  festivals celewithout scruples or making atonements, he should  brated in various parts of Greece in honour of the
apply to the praetor urbanus, who might then  dioscuri   The Spartan dioscuria mentioned by
consult the senate.  If the permission should be  Pausanias (iv. 27. ~ 1; compare with iii. 16. ~ 3)
granted to him in an assembly of the senate, con- and Spanheim  (ad Callint. Hymn. in Pall. 24),
sisting of not less than one hundred members, he  were  celebrated with sacrifices, rejoicings, and
Inight solemnise the Bacchic sacra; but no more  drinking.  At Cyrene the dioscuri were likewise
than five persons were to be present at the cele- honoured with a great festival.  (Schol. ad Pied.
bration; there should be no common fund, and no  Pyth. v. 629.)  The Athenian festival of the diosmaster of the sacra or priest.  (Liv. xxxix. 18.)  curi has been described -under ANACEIA.  Their
This decree is also mentioned by Cicero (De  worship was very generally adopted in Greece,
-Legg. ii. 15).  A brazen table containing this im-  especially in the Doric and Achaean states, as we
portant document was discovered near Bari, in  conclude from the great number of temples dedisouthern Italy, in the year 1640, and is at present cated to them; but scarcely anything is known
in the imperial Museum of Vienna.  A copy of it respecting the manner in which their festivals
is given in Drakenborch's edition of Livy  (vol. were celebrated.                      [L. S.]
vii. p. 197, &c. ).                                DIO'TA.  [AmPHoaA.]
We have in our account of the Roman Baccha-    DIPHTHERA  (& ip0E'a), a kind  of cloak
nalia closely followed the description given by  made of the skins of animals and worn by herds.
Livy, which may, indeed, be somewhat exag- men and country people in general.  It is fregerated; but considering the difference of character  quently mentioned by Greek writers. (Aristoph.
between the Greeks and Rcmans, it cannot be  Nlub. 72, and Schol. Vesp. 444; Plato, Crit. p. 53;
surprising that a festival like the Dionysia, when  Lucian, Tim. c. 12.)  Pollux (vii. 70) says that it
once introduced among the Romans, should have  had a covering for the head (irttcpd'ov), in which
immediately degenerated into the grossest and  respect it would correspond to the Roman cucclcoarsest excesses. Similar consequences were seen  lus.  [CUvcLLvs.]  (Becker, Csariktes, vol. ii. p.
immediately after the time when the Romans were  359.)
made acquainted with the elegance and the luxuries    DIPHROS (K!qpos).  [CunRRUS; THRONUS.]
of Greek life; for, like barbarians, they knew not    DIPLAX  (6ibrXae).  [PALLIUsI.]
where to stop, and became brutal in their enjoy-    DIPLOIS (L7nrAo's).  [PALLIUM.]
ments.  But whether the account of Livy be ex-    DIPLO'MA, a writ or public document, which
aggerated or not, this much is certain, that the  conferred upon a person any right or privilege.
Romans, ever since the time of the suppression of During the republic, it was granted by the conthe Bacchanalia, considered these orgies as in the  suls and senate; and under the empire by the
highest degree immoral and licentious, as we see  emperor and the magistrates whom he authorised
from the manner in which they applied the words  to do so.  (Cic. ad Fain. vi. 12, ad Alt. x. 17,
derived from Bacchus, e. g. bacchlor, bacc7ahans, bae- c. Pis. 37; Sen. Ben. vii. 10; Suet. Cal. 38, Neo.
chatio, baeccicus, and others.  But the most sur-  12, Oth. 7; Dig. 48. tit. 10. s. 27.)  The diploma
prising circumstance in the account of Livy is, that was sealed by the emperor (Suet. Aug. 50); it conthe Bacchanalia should have been celebrated for sisted of two leaves, whence it derived its name.
several years in the boisterous manner described  These writs were especially given to public couriers,
by him, and by thousands of persons, without any  or to those who wifshed to procure the use of the
of the magistrates appearing to have been aware  public horses or carriages.  (Plin. Ep. x. 14, 121;
of it.                                           compare x. 54, 55.)  The tabellarii of the emWhile the Bacchanalia were thus suppressed, peror woul:ld naturally always have a diploma;
another more simple and innocent festival of Bac- whence we read in an inscription (Orelli, No.
chus, the Liberalia (from Liber, or Liberl Pater, a  2917) of a diplomacius tabellarmis.
name of Bacchus), continued to be celebrated at    DI'PTYCHA.  [TABULAE.]
Rome every year on the 16th of March.  (Ovid.    DIRECTA  ACTIO.  [AcTIo.]
Fast. iii. 713.)  A  description of the ceremonies    DIRIBITO'RES, are said by most modern
customary at this festival is given by Ovid (1. c.), writers to have been the persons who gave to the
with which may be compared Varro (De Ling. Lat.  citizens the tabella with which they voted in the
v. 55, ed. Bipont).  Priests and aged priestesses, comitia; but Wunder has most distinctly proved,
adorned with garlands of ivy, carried through the  in the preface to his Codex Elyiutensis (pp. cxxvi.city wine, honey, cakes, and sweet-meats, toge. clviii.), that it was the office of the diribitores to
ther with an altar with a handle (ansata ara), in  divide the votes when taken out of the cistae, so as
the middle of which there was a small fire-pan  to determine which had the majority. He remarks
(foculus), in which from time to time sacrifices  that the etymology of diribere would lead us to
were burnt.  On this day Roman youths who had  assign  to it tihe  meaning of "separation" or
attained their sixteenth year received the toga    divisiolln," as it is comlpounded of dic and tl  abre,




DISCUS.                                         DIVINATIO.                  4 1,
in the same malmer as dirimere is of dis and emere;  and resting principally on -this foot.  The discus
the h disappears as in praebere and debere, which  being held, ready to be thrown, in his right hand,
come respectively from prae and habere, and de  he stooped, turning his body towards it, and his
and lsabere.  In several passages the word cannot left hand was naturally turned in the same direchave any other signification than that given by  tion.  (Philostr. Isnag. i. 24; Welcker, ad loc.)
Wunder.  (Cic. Pro Plancio, 20, ad Qza. Fratr.  This attitude was represented  by the sculptor
iii. 4. ~ 1; Varro, De Re Rust. iii. 2. ~ 1, iii. 5.  Myron in one of his works, and is adduced by
~ 18.)                                             Quintilian (Inst. Or. ii. 13. ~ 10) to show how
When Cicero says (in Pison. 15), " vos roga-  much greater skill is displayed by the artist, and
tores, vos diribitores, vos custodes tabellarum," we  how much more powerful an effect is produced on
may presume that he mentions these officers in the  the spectator, when a person is represented in
order in which they discharged their duties in the  action, than when he is at rest or standing erect.
comitia.  It was the office of the rogatores to col- We fortunately possess several copies, more or less
lect the tabellae which each century gave, as they  entire, of this celebrated statue; and one of the
used, before the ballot was introduced, to ask  best of them  is in the British Museum (see the
(sogaae) each century for its votes, and report preceding woodcut).  It represents the player just
them to the magistrate who  presided over the  ready to swing round his outstretched arm, so as
comitia.  The diribitores, as has been already re- to describe with it a semicircle in the air, ancl
marked, divided the votes when taken out of the  thus, with his collected force, to project the discus
cistae, and handed them over to the custodes, who  at an angle of forty-five degrees, at the same time
checked them off by points marked on a tablet. springing forward so as to give to it the impetus of
[Compare CISTA; SITULA.]                         his whole body.  Discurn "vasto contorquet turDISCUS (8f~lcos), a circular plate of stone  bine, et ipse prosequitur."  (Statius, 1. c.)
(MrL'eoL 8LoKOL, Pind. Isth. i. 34), or metal (splen-    Sometimes a heavy mass of a spherical form
dida pondera disci, Mart. xiv. 164), made for (odAos) was used instead of a discus, as when the
throwing to a distance as an exercise of strength  Greeks at the funeral games contended for a lump
and dexterity.  This was, indeed, one of the prin- of iron, which was to be given to him who could
cipal gymnastic exercises of the ancients, being  throw it furthest.  (11. xxiii. 826-846.)  The
included in the Pentathlon.  It was practised in  diXros was perforated in the centre, so that a rope or
the heroic age. (Horn. II. ii. 774, Od. viii. 129, thong might be passed through and used in throw186-188, xvii. 168.)                              ing it. (Eratosth. ed. Bernhardy, p. 251.) In this
The discus was ten or twelve inches in diameter, form the discobolia is still practised by the mounso as to reach above the middle of the forearm  taineers of the canton of Appenzell, in Switzerwhen held in the right hand.  The object was to  land.  They meet twice a year to throw round
throw it from a fixed spot to the greatest distance; stones of great weight and size.  This they do by
and in doing this each player had a friend to mark  a sudden leap and forcible swinging of the whole
the point at which the discus, when thrown by  body.  The same stone is taken by all, as in the
him, struck  the ground.  (Od. viii. 186-200; case-of the ancient discus and edXos: he who sends
Stat. Timeb.   i. 703.)  The distance to which it it to the greatest distance receives a public prize.
was commonly thrown became a measure of length, The stone is lifted as high as the right shoulder
called Ta 8&'aKovpa.  (It. xxiii. 431, 523.)      (see woodcut; mKa-rcwuaSioo, 11. xxiii. 431) before
The space on which the discobolus, or thrower being projected.  (Ebel, Schilderung der Gebirgsof the discus, stood, was called  axeg's-, and was  volker der Schuweit., i. p. 174.)     [J. Y.]
indicated by being a little higher than the ground    DISPENSA'TOR.  [CALCULATOR.]
surrounding it.  As each man took his station,    DITHYRAMBUS.  [CHORUS.]
with his body entirely naked, on the $aXfis, he    DIVERSO'RIUM.  [CAUPONA.]
placed his right foot forward, bending his knee,    DIVIDI'CULUM.    [AQUAEBUCTUS,   p.
114, a.]
DIVINA'TIO is, according to Cicero (De
Divinat. i. 1), a presension and a knowledge of
filture things; or, according to Chrysippus (Cic.
\  e Divinat. ii. 63), a power in man which foresees
and explains those signs which the gods throw in
his way, and the diviner must therefore know the
disposition of the gods towards men, the import of
their signs, and by what means these signs are to
be obtained.  According to this latter definition,
the meaning of the Latin word divinatio is nar..
rower than that of the Greek tavrtuma, in as much
as the latter signifies any means by which the
decrees of the gods can be discovered, the natural
as well as the artificial; that is to say, the seers
and the oracles, where the will of the gods is revealed by inspiration, as well as the divinatio in
the sense of Chrysippus.  In the one, man is the
passive medium  through which the deity reveals
the future; while in the other, man discovers it,
by his own skill or experience, without any pretension to inspiration.  As, however, the seer or
vates was also frequently called divinus, we blhall
g~.                  -                    treat, under this head, of seers as well as of other




416             DIVINATIO.                                       DIVINATIO.
kinds of divinatio.  The subject of oracles is dis- v. 43), Musaeus (Herod. vii. 6), Euclous of Cypruls
cussed in a separate article.  [ORACULUM.]       (Paus. x. 12. ~ 6), and Lycus, son of Pandion
The belief that the decrees of the divine will (Paus. i. c.), probably belonged to the Bacides.
were occasionally revealed by the deity himself, or The Sibyllae were prophetic women, probably of
could be discovered by certain iudividuals, is one  Asiatic origin, whose peculiar custom  seems to
which the classical nations of antiquity had, in  have been to wander with their sacred books from
comnlon with  many other nations, before the  place to place.  (Liv. i. 7.) Aelian (V. H. xii. 35)
attainment of a certain degree of intellectual culti- states that, according to some authors, there were
vation.  In early ages such a belief was natural, four Sibyllae, - the Erythraean, the Samian, the
and perhaps founded on the feeling of a very close  Egyptian, and the Sardinian; but that others
connection between man, God, and nature.  But added six more, among whom  there was one
in the course of time, when men became more ac- called the Cunaean, and another called the Jewish
quainted with the laws of nature, this belief was  Sibylla.  Compare Suidas (s. v.  ievuXXat), and
abandoned, at least by the more enlightened minds, Pausanias (x. 12), who has devoted a whole chapwhile the multitudes still continued to adhere to  ter to the Sibyllae, in which, however, he does not
it; and the governmlents, seeing the advantages to  cleafly distinguish between the Sibyllae properly
be derived from it, not only countenanced, but en- so called, and other women who travelled about
couraged and supported it.                       and made the prophetic art their profession, and
The seers or di'reTls, who, under the direct influ- who seem to have been very numerous in all parts
ence of the gods, chiefly that of Apollo, announced  of the ancient world. (Clem. Alex. Strom. i. 31]9.)
the future, seem originally to have been connected  The Sibylla whose books gained so great an inmwith certain places where oracles were given; but portance at Rome, was, according to Varro (caq.
in subsequent times they formed a distinct class of Lactant. i. 6), the Erythraean: the books which
persons, independent of any locality; one of them  she was said to have sold to one of the Tarquins,
is Calchas in the Homeric poems.  Apollo, the  were carefully concealed from the public, and only
god of prophecy, was generally the source from  accessible to the duumvirs.  The early existence
which the seers, as well as other diviners, derived  of the Sibyllae is not as certain as that of the
their knowledge.  In many families of seers the  Bacides; but in some legends of a late date, they
inspired knowledge of the future was considered  occur even in the period previous to the Trojan
to be hereditary, and to be transmitted from father  war, and it is not improbable that at an early
to son.  To these famnilies belonged the Iamids  period every town inl Greece had its prophecies by
(Paus. iii. 11. ~ 5, &c.; Bickh, ad Pind. 01. vi. some Bacis or Sibylla. (Paus. 1. c.) They seem to
p. 152), who from Olympia spread over a con- have retained their celebrity down to the time of
siderable part of Greece; the Branchidae, near Antiochus and Demetrius. (Sec Niebuhr, Hist. of
Miletus (Conon, 33); the Eumolpids, at Athens  Romne, i. p. 503, &c.)
and Eleusis; the Clytiads (Paus. vi. 17. ~ 4), the    Besides these more respectable prophets and
Telliads (Herod. viii. 27; Paus. x. 1. ~ 4, &c.; prophetesses, there were numbers of diviners of an
Herod. ix. 37), the Acarnlanian seers, and others. inferior order (Xp-looXOAdyoi), who made it their
Some of these families retained their celebrity  business to explain all sorts of signs, and to tell
till a very late period of Grecian history.  The  fortunes.  They were, however, more particularly
manteis made their revelations either when re- popular with the lower orders, who are everywhere
quested to do so on important emergencies, or most ready to believe what is most marvellous and
they made them  spontaneously whenever they  least entitled to belief.  This class of diviners,
thought it necessary, either to prevent some  however, does not seem to have existed until a
calamity or to stimulate their countrymen to somse-  comparativelylate period (Thucyd. ii. 21; Aristoph.
thing beneficial.  The civil government of Athens  Aves, 897, Pax, 986,1034, &c.), and to have been
not only tolerated, but protected and honoured  looked upon, even by the Greeks themselves, as
them; and Cicero (De Divie:at. i. 43) says, that nuisances to the public.
the manteis were present in all the public assemn-    These soothsayers lead us naturally to the mode
Lblies of the Athenians. (Compare Aristoph. Pax, of divination, of which such frequent use was smade
1025, with the Schol.; Nub. 325, &c. and the  by the ancients in all the affairs of public and
Schol.; Lycurg. c. Leocrat. p. 196.)  Along with  private life, and which chiefly consisted in the in.
the seers we may also mention the Bacides and  terpretation of numberless signs and phenomena.
the Sibyllae.  Both existed from a very remote  No public undertaking of any consequence was
time, and were distinct from the mnanteis so fstr as  ever entered upon by the Greeks and Romans
they pretended to derive their knowledge of the  without consulting the will of the gods, by observfuture frdom sacred bools (Xpnscol) which they  ing the signs which they sent, especially those in
consulted, and which were in some places, as at the sacrifices offered for the purpose, and by which
Athens and Rome, kept by.the government or they were thought to indicate the success or the
some especial officers, in the acropolis and in the  failure of the undertaking.  For this kind of divimost revered sanctuary.  Bacis was, according to  nation no divine inspiration was thought necessary,
Pausanias (x. 12. ~ 6; compare with iv. 27. ~ 2), but merely experience and a certain knowledge
in Boeotia a general name for a man inspired  acquired by routine; and although in some cases
by nymphs. The Scholiast on Aristophanes (Pax, priests were appointed for the purpose of observing
1009) and Aelian (V. 1. xii. 35) mention three  and explaining signs [AUGUR; HALUsrEx], yet
original Bacides, one of Eleon in Boeotia, a second  on any sudden emergency, especially in private
of Athens, and a third of Caphys in Arcadia.  affiirs, any one who met with something extraor(Compare Aristoph. Equzit. 123, 998, Aves, 963; dinary, might act as his own interpreter.  The
Clem. Alex. Strom. i. 398.)  From these three  principal signs by which the gods were thought to
Bacides all others were said to be descended, and  declare their will, were things connected with the
to have derived their name.  Antichares (HIerod.  offering of sacrifices, the flight and voice of birds,




InV Ix/:N'AT i O:                                D IVINATI'O.                41F
all kinids' of nlatieral phenomena, oediitary'as    r'Well tlh'f3otOaouaVti'Ea, or divination'by Writing ore's
is extraordinary, and dreams.                      own name on herbs and leaves, which wore then
The interpretation of signs of the first class  exposed to the wind, &c.
(1eposlaYreia or Iepooicomrfa, Itarusepicium  or ars    Of greater importance than the appearance of aniharuspicina), was, according to Aeschylus (Proineth.  mals, at least to the Greeks, were the phenomena
492, &c.), the invention of Prometheus.  It seems  in the heavens, particularly  during any public
to have been most cultivated by the Etruscans, transaction.  They were not only observed and
among whom it was raised into a complete science, interpreted  by private individuals in their own
and from whom  it passed to the Romans.  Sacri- affairs, but by the public magistrates. The Spartan
fices were either offered for the special purpose of  ephors, as we learn from  Plutarch (Agesil. 11),
consulting the gods, or in the ordinary way; but made regular observations in the heavens every
in both cases the signs were observed, aid when  ninth year. during the night; and the family of
they were propitious, the sacrifice was said IcaAAte- the Pythaistae, of Athens, made similar observperv.  The principal points that were generally ob-  ations every year before the theoris set sail for
served were, 1. The manner in which the victim   Delos.  (Miiller, Dorians, ii. 2. ~ 14.)  Among
approached to the altar, whether uttering a sound  the unlucky phenomena in the heavens (8lo-7rleEsa,
or not; the former was considered a favourable  si#ya, or postenta) were thunder and lightning
omen in the sacrifice at the Panioniuml.  (Strab. (Aristoph. Eccles. 793; Eustath. ad Hom. Od. xx.
viii. p.' 384; compare Paus. iv. 32. ~ 3.)  2. The  104), an eclipse of the sun or moon (Thucyd. vii.
nature of the intestines with respect to their colour  50), earthquakes (Xen. Helles. iv. 7. ~ 4), rain of
and smoothness (Aeschyl. Psroneth. 493, &c.; blood, stones, milk, &c. (Hoem. II. xi. 53, &c.; Cic.
Eurip. Elect. 833); the liver and bile were of De Divinat. i. 43).  Any one of these signs was
particular importance.  [CAPUT EXTORUMa.]  3. sufficient at Athens, as well as at Rome, to break
The nature of the flame which consumed the  up the assembly of the people.  (SchiJmann, De
sacrifice (see Valckenaer, ad Eurip. Pioen. 1261);  Com6it. Ath. p. 146. &c. transl.)  In common life,
hence the words, 7rupoeuavrTia, E lrupa ordlla~'a,  things apparently of no importance, when occurring
~poyn77r  a1iua1ra.  That the smoke rising from  at a critical moment, were thought by the ancients
the altar, the libation, and various other things  to be signs sent by the gods, from which conclusions
offered to the  gods, were likewise considered  might be drawn respecting the future. Among these
as a means through which the will of the gods  common occurrences we may mention sneezing
might be  learned,  is'clear from  the names, (Hem. Ol. xvii. 561, with the note of Eustath.;
iKa7rJoyavreLa, AXasofeavretsa, Icp0to/ta"rTEa, and  Xen. A2ab. iii. 2. ~ 9; Plut. 7helszist. 13; Ovid,
others.  Especial care was also taken during a  Heroid. 19, 151; Propart. ii. 2. 33), twinkling
sacrifice, that no inauspicious or frivolous words  of the eyes (Tlleocrit. iii. 37; Plaut. Pseud. i. 2.
were uttered by any of the bystanders: hence the  105; compare Wiistemann, ad Theocrit.. c.),
admonitions of the priests, Evibp1pc7irE and Ebit7ufa, tinkling of the ears, and numberless other things
or on-ya'rE, d-w7irare,Jftvete linguis, and others; for  which we cannot here enumerate.  Soine of them
improper expressions were not only thought to pol- have retained their significance with the superlate and profane the sacred act, but to be unlucky  stitious multitude down to the present day.
omens (buvroplqsia, icXpsves, epfuat, pcvaft or    The art of interpreting dreams (ioetpo7roXsa),.ouoai, Pind. 01. vi. 112; Hom. II. ii. 41).       which had probably been introduced into Europe
The art of interpreting signs of the second class  from Asia, where it is still a universal practice,
was called ololwrvroT7i, augarium or auspicizuno. It seems in the Homeric age to have been held in
was, like the former, common to Greeks and Ro-  high esteem; for dreams were said to be sent by
mans, but was never developed into so complete  Zeus. (Hom. II. i. 63, ii. init., Od. iv. 841, xix.
a system by the former as by the latter; nor did it 457.)  In subsequent times, that class of diviners
ever attain the same degree of importance in Greece  who occupied themselves with the interpretation of
as it did at Rome.  [AuGuRvn.   The Greeks,  dreams, seems to have been very numerous and
when observing the flight of birds, turned their  popular; but they never enjoyed any protection
face towards the north, ahd then a bird appearing  from the states and were only resorted to by prito the right (east), especially an eagle, a heron, or vate individuals.  Some persons are said to have
a falcon, was a favourable sign (Hom. M/. xiv. gained their livelihood by this profession.  (Plut.
274, xxiv. 310, Od. xv. 524); while birds ap- Aristid. 27.)  Respecting the oracles which were
pearing to the left (west) were considered as un-  obtained by passing a night and dreaming in a
lucky signs.  (Hom. II. xii. 201, 230; Festus, temple, see ORAcutUM.
3. v. Sinistrae Aves.)  Sometimes the mere appear-    For further information concerning the art of
ance of a bird was thought sufficient: thus the  divination in general, see Cicero's work, De DiviAthenians always considered the appearance of an  natione.  The f/amVtKc  of the Greeks is treated of
owl as a lucky sign; hence the proverb,?yXab  at some length by Wachsmuth (Hellen. Altesrts.
i'sre-rat, G" the owl is out," i. e. we have good luck. ii.. 2. p. 259, &c., vol. ii. p. 5855 2d edit.)  ComOther animals appearing unexpectedly, especially  pare Thirlwall's lIist. of Greece, i. p. 206, &c.
to travellers on their road (i&dta r6e~oXa), were    The word divinatio was used in a particular
also thought ominous; and at Athens it was con- manner by the Romans as a law-ternj which residered a very unlucky omen, when a weasel ap-  quires some explanation.  If in any case two or
peared during the assembly of the people. (Aristoph. more accusers came forward against one and the
Eccles. 793.)  Superstitions of this kind are still same individual, it was, as the phrase ran, decided
met with in several European countries.  Various  by dizinatio, who should be the chief or real acother means were used to ascertain the will of the  cuser, whom  the others then joined as subscripgods, such as the 0-l&ppoaMY'rda, or divination by  tores; i. e. by putting their names to the charge
placing straws on red hot iron; the!oXug.8taE'rda, brought against the offender.  This transaction, by
by observing the figutres which inelted lead formed;  which one of several accusers was selected to conE1




(l8              DIVORTIUJM.                                         DIVORTIIUM.
duct the accusation, was called div-iuatio, as the    The statement of Plutarch (Romel. 22) that the
quest.on here was not about facts, but about some- husband alone had originally the power of ecbecting
thing which was to be done, and which could not a divorce may be true; but we cannot rely tl1be found out by witnesses or written documents; together on such an authority.  In the cases of conso that the judices had, as it were, to divine the  ventio in manum, one might suppose that a woman
course which they had to take. (Ascon. inx A -yuz. could not effect a divorce without the consent of
ad Cic. IDivinat. in Caec. p. 99. ed. Orelli.) Hence  her husband, but a passage of Gains (i. 137) seems
the oration of Cicero, in which he tries to show that to say, that the conventio in manuri  did not limit
he, and not Q  Caecilius Niger, ought to conduct the wife's freedom  of divorce at the time when
the accusation against Verres, is called Divsnatio  Gaius wrote (Biicking, Instit. i. 229. n. 3).  The
in (aeciliunm. Compare c. 15 and 20 of the oration, passage of Dionysius (Antiq. Romt. ii. 25), in which
and Gellius, ii. 4.                    [L. S.]    he treats of marriage by confarreatio, declares that
DIVI'SOR.  [AMBITrrS.]                          the marriage could not be dissolved.
DIVORTIUM, divorce. 1. GREEK. The term             As the essential part of a marriage was the confor this act was a&ro'Xf.Ets or &a'rnl7rq+s, the former sent and conjugal affection of the parties, it was
denoting the act of a wife leaving her husband, and  considered that this affection was necessary to its
the latter that of a husband dismissing his wife. continuance, and accordingly either party might
(Deml. c. Oaet. p. 865, c. Neaer. pp. 1362, 1365.)  declare his or her intention to dissolve the conThe only Greek states respecting whose laws of nection.  No judicial decree, and no interference
divorce we have any knowledge, are Athens and  of any public authority, was requisite to dissolve a
Sparta. In both states the law, it appears, permitted  marriage.  Filiifamilias, of course, required the
both husbandand wife to call for and effect a divorce, consent of those in whose power they were.  The
though it was much easier for a husband to get rid  first instance of divorce at Rome is said to have
of his wife than for a wife to get rid of her husband. occurred about B. c. 234, when Sp. Carvilius Ruga
The law at Athens allowed a man to divorce his  put away  his wife (A. Gell. iv. 3, xvii. 21;
wife without ceremony, simply by his act of sending  Val. Max. ii. 1. ~ 4) on the ground of barrenher out of his house (EKicrmrsa'v,, aror-tmrev), but ness: it is added that his conduct was generally
he was bound to restore to her the dowry which she  condemned.  The real meaning of the story is
had brought to him, or to pay her the interest of explained by Savigny  with his usual acuteness
nine oboli per drachma every month, and in ad-  (ZeitscAlrift, &c. vol. v. p. 269).
dition to this, to provide for her maintenance.    Towards the latter part of the republic, and
(Demosth. c. Neaer. p. 1362.)  It would, however, under the empire, divorces became very common;
seemn that a husband thus dismissing his wife, and in the case of marriages, where we assume
usually did so in the presence of witnesses. (Ly-  that there was no convelltio in manunm, there was
sias, c. Alcib. p. 541.)  What became of the  no particular form  required.  Cun. Pompeius dichildren in such a case is not mentioned, but it vorced his wife Mucia for alleged adultery, and his
is probable that they remained with the father. If, conduct was approved (Cic. ad Att. i. 12, 18);
on the other hand, a wife wished to leave her hus. and Cicero speaks of Paula Valeria (ad Faez.
band, she was oblig -d in person to appear before  viii. 7) as being ready to serve her husband, on
the archon and to deliver up to him  a memorial  his return from his province, with notice of divorce.
containing the reasons why she wished to be di-  (Compare Juv. vi. 224, &c.; Mart. vi. 7.)  Cicero
vorced.  (Plut. Alcib. 8.) She had to conduct her  himself divorced his wife Terentia, after living with
case quite alone, for as she was in her husband's  her thirty years, and married a young woman
power so long as the verdict was not given, no one  whom he also divorced (Plut. Cic. 41).  Cato the
had a right to come forward and plead her case. If younger divorced his wife Marcia, that his friend
both parties agreed upon a divorce, no further pro-  Hortensius might marry her and have children by
ceedings were required, mutual consent being suf-  her; for this is the true meaning of the story. (P]ut.
ficient to dissolve a marriage.  But if one party ob-  Cat. iAin. 25.)  If a husband divorced his wife, the
jected, an action (&iromrs' rews or &a'roXelqeA's 8iKL?7)  wife's dos, as a general rule, was restored [Dos]
might be brought against the other: the proceed-  and the same was the case when the divorce took
insgs in such a case, however, are unknown. (Heff-  place by mutual consent.  As divorce became more
ter, At/en. Gericlstsveif. pp. 250, 414; Meier, Att.  common, attempts were made to check it indiProc. p. 413, &c.)                                 rectly, by affixing pecuniary penalties or pecuniary
At Sparta, it seems, a man might dismiss his wife, loss on the party whose conduct rendered the divorce
if she bore him no issue. (Herod. v. 39, vi. 61.)    necessary.  This was part of the object of the lex
Charondas, in his legislation at Thurii, had per-  Papia Poppaea, and of the rules as to the retentio
mitted divorce, but his law was subsequently modi-  dotis, and judicium  morum.  There was the refled by the addition, that if divorced persons should  tentio dotis propter liberos, when the divorce was
wish to marry again, they should not be allowed to  caused by the fault of the wife, or of her father, in
marry a person younger than the one from whom he  whose power she was: three-sixths of the dos was
(or she) had been separated.  (Diod. xii. 18.)    the limit of what could be so retained.  On alcA  woman, aft r her divorce, returned to the  count of matters morum graviorum, such as adultery,
house of her father, or of that relative who was  a sixth part might be retained; in the case of
under obligation to protect her if she had never  matters morum leviorum, one eighth. The husband,
been married at all.  In reference to her he was  when in fault, was punished by being required to
her KIpIOS. (Demosth. c. NVeaer. p. 1362.)  [L. S.]  return the dos earlier than it was otherwise re
2. RoMAN.  The word divortiume signified ge-  turnable.  After the divorce, either party might
nerally a separation, and, in a special sense, a dis-  marry again.  (Sueton. Aug. 34.)
solution of marriage.  A Roman marriage was dis-    By the lex Papia Poppaea, a freedwomail who
solved by the death of the wife or husband, and by  had married her patronus could not divorce her
divortium in the lifetime of the husband and wife. self; there appears to have been no other class of




DOCANA.;                                          DOCIMASIA.                  41
persons subjected to this incapacity.  (Dig. 24.  1. p. 36.)  This rude symbol ot fraternal unity
tit. 2. s. 11.)                                    evidently points to a very remote age, in which
Corresponding to the forms of marriage by con-  scarcely any attempts in sculpture call have been
farrcatio and coemtio, there were the forms of made.  At a later time, when works of art were:
divorce by diffarreatio and remancipatio. Accord-  introduced into all the spheres of ordinary life,
ing to Festus (s. v. D1fiarreatio), diffarreatio was a  this rude and ancient object of worship, like manykind of religious ceremony so called, " quia fiebat others of its kind, was not superseded by a more
farreo libo adhibito," by which a marriage was dis-  appropriate symbol. The Diescuri were worshipped
solved; and Plutarch (Quaest. Rome. 50) has been  as gods of war, and we know that their images
supposed to allude to this ceremony in the case of accompanied the Spartan kings whenever they
a divorce between the flamen dialis and his wife. took the field against an enemy. But when in the
It is said that originally marriages contracted by  year 504 B. C. the two kings, during their invaconfarreatio were indissoluble; and in a later age, sion of Attica, failed in their undertaking on acthis was the case with the marriage of the flamen  count of their secret enmity towards each other,
dialis (Gell. x. 15), who was married by confar-  it was decreed at Sparta, that in future only one
reatio.  In the case referred to by Plutarch, the  king should command the army, and in couseemperor authorised the divorce.  A marriage by  quence should only be accompanied by one of the
coemstio was dissolved by remancipatio (Festus, images of the Dioscuri. (Herod. v. 75.)  It is not
s. v. Remancipataun).  In other cases, less cere-  improbable that these images, accompanying the
mony was used; but still some distinct notice or kings into the field, were the ancient 36cava, which
declaration of intention was necessary to constitute  were now disjointed, so that one half of the syma divorce: the simple fact of either party con- bol remained at Sparta, while the other was taken
tracting another marriage was not a legal divorce. into the field by one of the kings. Suidas and the
(Cic. Orat. i. 40.)  The ceremony of breaking the  Etymologicum  Magnumn (s. v.) state that &0carva
nuptiales tabulae (Tacit. Ann. xi. 30), or of taking  was the name of the graves of the Dioscuri at
the keys of the house from the woman and turning  Sparta, and derived from the verb E'Xo/u at. (Millher out of doors, were probably considered to be  ler, Do rians, i. 5. ~ 12. note m, ii. 10. ~ 8; Zoega,
acts of themselves significant enough, though it De Obeliscis, p. 228.)                    [L. S.]
may be presumed that they were generally accom-    DOCIMA'SIA  (aec/acrlta).  When any citlpanied with declarations that could not be mis- zen of Athens was either appointed by lot, or
understood.  The general practice was apparently  chosen by suffrage (cNKpOWObs Kai atPETds), to hold
to deliver a written notice, and perhaps to assign a  a public office, he was obliged, before entering on
reason.  In the case of Paula Valeria, mentioned  its duties, to submit to a docilusasia, or scrutiny
by Cicero, no reason was assigned.  By the Lex  into his previous life and conduct, in which any
Julia de Adulteriis, it was provided that there  person could object to him as unfit.  This was the
should be seven witnesses to a divorce, Roman  case with the archons, the senators, the strategi,
citizens of full age (puberes), and a freedman of and other magistrates.  The exapmination, or anathe party who made the divorce.  (Dig. 24. tit. 2. crisis, for the archonship was conducted by the.8. 9.)                                            senators, or in the courts of the heliaea. The docis.aUnder the early Christian emperors, the power sia, however, was not confined to persons appointed
of divorce remained, as before, subject to the ob-  to public offices; for we read of the denouncement
servance of certain forms.  Justinian restricted the  of a scrutiny (Eira'ysyexia sotcriaoa'as) against orapower of divorce, both on the part of the husband  tors who spoke in the assembly while leading
and the wife, to certain cases, and he did not allow  profligate lives, or after having committed flagia divorce even by the consent of both parties, unless  tious crimes.  This denouncement might be made
the object of the parties was to live a life of chas-  in public by any one 7rpbs 6oKiclaaeav roi Biov,
tity; a concession made to the opinions of his  i. e. to compel the party complained of to appear
Christian subjects.                                before a court of justice, and give an account of his
The term repudium, it is said, properly applies to  life and conduct. If found guilty, he was punished
a marriage only contracted [MATRIaIONITM], and  with atimia, and prohibited from the assesmblies.
divortium  to an actual marriage (Dig. 50. tit. 16. (Aesch. Timascel  p. 5.)
s. 101. 191); but sometimes divortium  and re-    The phrase  vSpa lyer eat  otcqkacsar   i needs a
pudium  appear to be used indifferently.  The  few words of explanation. At the age of eighteen,
phrases to express a divorce are, nuncium remit-  every Athenian became an ephebus, and after two
tere, divortium  facere; and the form of words  years was enrolled amongst the men, so that he
might be as follow-" Tuas res tibi habeto, tuas  could be present and vote at the assemblies. (Poll.
res tibi agito."  (Cic. Pil. ii. 28; Plaut. Amphit. viii. 105.)  In the case of wards who were heirs
iii. 2. 47, Trinumz. ii. 1. 43.)  The phrases used to  to property, this enrolment might take place before
express the renunciation of a marriage contract the expiration of the two years, on it being estawere, renuntiare repudium, repudium  remittere, blished by a docimasia that the youth was physidicere, and repudiate; and the form  of words  cally qualified to discharge any duties the state
might be, "Conditione tua non utor."  (Dig. 24. might impose upon him.  If so, he was released
tit. 2; Ulp. Frag. vi.; Heinecc. Syntagmlna; Cod. from guardianship, and " became a man" (&vp
5. tit. 17, and 24; Rein, Das RMmische Privatrec/st;  Ey'vEso., or o60KlyCtdrO), being thereby empowered
and as to the later Roman Law, Thibaut, Systemn, to enter upon his inheritance, and enjoy other
&c. 9th ed.)                           [G. L.]    privileges, just as if he were of the full age of
DO'CANA  (r&  dKcava, from  ocOKdS, a beam)  twenty.  (Harpocr. s. v.'EsriseE-s iii-at: Dem.
was an ancient symbolical representation of the  c. Ap/eob. p. 857, c. Onel. p. 865, c. Steph. p. 1135.)
Dioscuri (Castor and Polydeuces), at Sparta.  It  We mayadd that the statements of the grammarians
consisted of two upright beams with others laid  and orators are at variance on this point; but the
across them transversely. (Plut. De A-mor. Fratr.  explanation we have given seems the best way of
2




420.DOLABRA.:                                        DOMICILIUM.
reconciling them, and it agrees in substance with  fore illustrate the account given by Julius Pollux,
the supposition of Schbmann, " that among the  who reckons this same tool, the o'rxk, among the
Athenians, no one period was appointed for enrol-  epyeaeta,roi (IUroCTod0Ou.  This instrument was
ment, provided that it was not done before the  also used for cutting paper, and probably in the
attainment of the 18th, nor after the completion  same manner (aridAa XapTo'd4Uos, sicila, Philox.
of the 20th year."  (Schiimann, De Consitiis, pp.  Gloss.).
75, 241, &c.)                        [R. W.]         The following woodcut shows a small bronze
DODRANS. [As.]                                  celt, fixed into a handle of stag's horn, and thereDOLABRA, dim. DOLABELLA (ouleXd7, dim. fore exemplifies one of the modes of attaching the
o/yLtlov), a chisel, a celt, was used for a variety of metal to its haft.  It was evidently adapted for
purposes in ancient as in modern times. They were  very fine work, and is strongly contrasted with
frequently employed in making entrenchments and  the above-figured celt from  Cornwall.  It was
in destroying fortifications (Liv. ix. 37, xxi. 11;  found in an ancient tomb in Wiltshire.  (Sir R.
Curt. ix. 5; Tacit. H-ist. iii. 20); and hence they  C. Hoare's Anc. tWilts. South, pp. 182, 203.) The
are often found in ancient earth-works and en-  two other figures in this woodcut represent the
tampments.  They abound  in our public mu-  knife used in sacrifices, as it is often exhibited on
6sums, being known under the equivalent name of cameos and bas-reliefs, being the scena, sacenas, or
i celts" to antiquaries, who, however, generally  dolbor-a  pontificalis, mentioned by  Festus (s. v.
ase the word without understanding its true sense. Scena); and the secuntis dolabrata, or hatchet fur(See Jamieson's IEtym. Diet. s. v. Celt.)  Celtes is  nished with a chisel (Pallad. De Re Rust. i. 43) as
an old Latin word for a chisel, probably derived  sculptured on a funereal monument.    [J. Y.]
from  coelo, to engrave.  Thus the phrase celte
scrupaotztr in silice occurs in the vulgate version of
Job (xix. 24), and malleolo et celte lite'antus silex in
an inscription found at Pola.  (Gruter, p. 329.)
These articles are for the most part of bronze,
more rarely of hard stone.  The sizes and forms''
which they present, are as various as the uses to
-wlhich they were applied.  The annexed woodcut
is designed to show a few of the most remarkable varieties.  Fig. 1 is from a celt found, with                               jl
several others, at Karnbre in Cornwall.  (Borlase,
Ant. of (ornwall, iii. 13.)  Its length was six
inches without the haft, which was no doubt of
wood, and fixed directly into the socket at the top.
It must have been a very effective implement for
removing the stones in the wall of a city or fortifi- 
cation, after they had been first shattered and
loosened in some degree by the battering-ram.
The ear, or loop, which is seen in this and many
other celts, would be useful to suspend them from
the soldier's girdle, and may also have had a cord
or chain attached to it to assist in drawing back                                i     t'\
the celt whenever it became too firmly wedged between the stones of the wall which it was intended
to destroy. Figs 2 and 3 are from Sir W. HJamil-    DO!LICHOS (iAsxXos).  [STADIU. M.]
ton's collection in the British Museum.  These    DO'LIUM.  [VINUM.]
chisels seem  best adapted for the use of the car-    DOLO (aJTwv),  1. A secret poniard or dagger
penter.  The celt (fig. 4) which was found in  contained in a case, used by the Italians.  It was
Furness, co. Lancaster (Asclmaeologia, v. p. 106), inserted in the handles of whips (Dig. 9. tit. 2.
instead of being shaped to receive, or to be in-  s. 52; Serv. ad Viryg. Aen. vii. 664), and also in
serted into a handle, like the three preceding, is  walking-sticks, thus corresponding to our swordmade thick, smooth, and round in the middle, so  stick.  It was a weapon of the latter kind that
as to be conveniently  manipulated  without a  Tib. Gracchus carried (Plut. Tib. Graccl. 10; comp.
handle. It is 9 inches long, and weighs 2 lb. 5 oz.  Hesych. s. v. AdiAcwos).
Its sharp edge is like that of a common hatchet,    2. A small top-sail.  [NAvIs.]
and may have been used for polishing timber. On    DE DOLO  MALO  ACTIO. [CULPA.]
1       2       3       4    5       6         DOLUS MVIALUS.  [CULPA.]
DOME'STICI.  [PRAETORIoNI.]
x G;)0~~ p      ()          DOMICI'LIUM.  This word signifies a man's
regular place of abode.  It was used in the Lex
lJJ7 r         1      1 VX     Plautia Papiria in such a manner, that when that
h li[[!'xx       1.     lRlex was enacted, B. c. 89, the word domicilium
must have had a fixed meaning: " Si qui foederatis
civitatibus  adscripti fuissent, si tum  cum  lex
ferebatur in Italia domicilium  habuissent, et si
sexaginta diebus apud praetorem  essent professi."
(Cicero, Pro A^ chia, c. 4.)  This further appears
from another passage in the same chapter: "At
the other hand, figs. 5, 6, 7, exactly resemble  domicilium  Romae non habuit: is qui tot annis
the knife  now used by leather-cutters,.stod there-  ante _civitatem  datam  sedem  omnium  rerum  at




DOMIN  UNM.                                        DOMINI UM.                   421
fortunarulm  suarum  Romae collocavit:;" and this  lost'; the persols who are capable of acquiring,
indirect definition agrees, in part, with one ill the  transferring, or losing ownership.
Code, which will presently be cited.                 Res is the general name for anything which is
There are various definitions of domicilium  in  the object of a legal act.  The chief division of res
the Corpus Juris.  One of these (Dig. 50. tit. 1. is into res divini juris, and res humani juris.  Res
s. 27. ~ 1) determines that a person must be con-  divini juris are those which are appropriated to
sidered to have his domicilium in a municipium, if religious purposes, namely, res sacrae, sanctae, rehe buys and sells there, attends the public spec-  ligiosae; and so long as they have this character,
tacles, keeps the festival days there, and, in fine, they cannot.be objects of property.  Res humani
enjoys all the advantages of the municipium, and  juris are all other things that can be the objects of
none of the colonia, or the place where he is merely  property; and they are either res publicae or res
for the purpose of cultivation (ubi colendi ruris  privatae.  Res publicae belong to the state, and
causa versatur).  In another passage (Cod. 10. can only become private property by being detit. 40 (39.) s. 7), it is stated that a civis is made  prived  of this public character.  [AGRARIAN
by origo, manumissio, allectio vel adoptio; but LEGES.]  Res universitatis are the property of a
that domicilium, as an edict of Divus Hadrianus  universitas, and are not the property of any indeclares, makes a person an incola.  Domicilium   dividual.  The phrase res nullius is ambiguous
is then defined in the following terms: "In eo  it sometimes means that the thing cannot be the
loco singulos habere domicilium non amnbigitur ubi property of any individual, which is affirmed of
quis larem rerumque ac fortunarum  summam con-  things divini juris; when applied to things humani
stituit, unde rursus non discessurus si nihil avocet, juris, it sometimes means that they are not the prounde cumr  profectus est peregrinari videtur, quod  perty of an individual but of a universitas; yet
(quo?) si rediit, peregrinari jam destitit."       such things macy become the property of an inIn a passage in the Digest (50. tit. 1. s. 5), dividual; res hereditariae are res nullius until there
"incolaim esse" and "domlicilium habere "are used  is a heres.  lies communes are those which cannot
as equivalent terms.                               be the objects of property, and therefore are res
It was important, for many purposes, to deter-  nullius, as the sea.
mine where a man had his permanent abode.  An    Res corporales are defined to be those " quae tangi
incola was bound to obey the magistrates of the  possunt;" incorporales are  those " quea tangi
place where he was an incola, and also the magis- non possunt, sed in jure consistunt," as HEREtrates of the place where he was a civis; and he  DITAs, USUSFRUCTUS, OBLIGATIONES; and they
was not only subject to the municipal jurisdiction  are consequently incapable of tradition, or delivery.
in both municipia, but he was bound to perform   The distinction of things into corporeal and incorall public functions (publica munera).  If a man  poreal did not exist in the older Roman law; and
was bound (obligatus), to pay a sum of money in  it is a useless distinction.  An incorporeal thing
Italy, and had his domicilium in a provincia, lie  is merely a right, and so it is explained in the
might be sued either in Italy or in the province  Institutiones (ii. tit. 2, ed. Schrader).
(Dig. 5. tit. 1. s. 19, ~ 4).  A  son followed the    Corporeal things are divided into immobiles, or
civitas which was the naturalis origo of his father, solum et res soli, and mobiles. The ground (solum),
and did not follow his father's domuicilium.  If a  and that which is so attached to the ground as
manl had no legal father (justus pater), he followed  to be inseparable from it without being destroyed,
the origo of his mother.  In the Praescriptio longi as a building for instance, are. res immobiles.
temporis decem vel viginti annorum, it was enacted  Mobiles res are all such as can be removed from
by Justinian, that the ten years' prescription should  one place to another without the destruction of their
apply, if both parties (tam petens quam possidens)  character.  The class of res mobiles "quae pondere,
had their domicilium in the same provincia; if the  numero, mensura constant," are such things as wine,
two parties had not their domicilium in the same  oil, corn, silver, gold, which are of such a nature
province, the prescription of twenty years applied. that any the same number, weight, or measure,
(Cod. 7. tit. 33. s. 12.)                          may be considered the same thing..[IMuTUUs.].]
The modern law of Domicile is a branch of what There is another class of res, consisting of those
is sometimes called international law; and many  " quae usu consumuntur, mnintuntur," and those
of the principles which are admitted im  modern  "quae non, &c."  The term siugulae res coupretimes are founded on the Roman rules. (T/re Lae  hends either one thing or several things, separately
of' Domicile by Robert Phillimore, 1847; Burge, considered as ones.  Such things are either simple,
Comnzents'ies on Colonial and  Foreign  Lawos, as an animal, a stone; or compounded of parts, as
vol. i.)                               [G. L.]    a carriage, or a ship.  Any number of things, not
DOMI'N IUM.  Dominium signifies quiritarian  mechanically connected, may in a legal sense be
ownership of a thing  and dominus, or dominus viewed as one, or as a universitas. (Dig. 41. tit. 3.
legitimus, is the owner.  Possessor is often used  s. 30; 6. tit. 1. s. 23. ~ 5.)
by Roman writers as equivalenit to owner; but    Some things are appurtenant to others, that is,
this is not a strictly correct use of the word.  Ini as subordinate parts they go with that which forms
like manner, "to have ownership" is sometimes  the principal thing.  (Dig. 18. tit. 1. s. 49.)  If a
expressed by "possidere;" and the thing in which  thing, as a house or a ship, was purchased, the
there is property is sometimes called " possessio."  buyer got every thing that was a part of the house
(Savigny, Das Recht des Besitzes, p. 85, 5th ed.)   or ship.  (Dig. 21. tit. 2. s. 44.)
The complete notion of property or ownership    Fructus are what is produced out of a thing by
comprehends the determination of the things which  its own productive power; as the grass in a field,
may be the objects of ownership; the power which  the fruit on a tree.
a man aiay have over such objects, both as to    The division of things into res mancipi and res
duration of time and extent of enjoyment; the  nec mancipi, was one of ancient origin; and it conmodes in which own.ership may be acquired and  tinued -to a-late period in the empire.  Res mancipi
1a E 3




.422             DOMINI UM.                                         DOMIN  U M.
(Ulp. Frag. xix.) are praedia in Italico solo, both  and so becomes the owner of all the adrogated perrustic and urban; also jura rusticorum praediorum   son's property (Gaius, iii. 21); or it is successio
or servitutes, as via, iter, aquaeductus; also slaves, mortis causa, as in the case of a testamentary heres,
and four-footed animals, as oxen, horses, &c., quae  or a heres ab intestato.
collo dorsove domantur.  Other things were nec    Acquisitiones per universitatem are properly dismancipi.                                           cussed under other heads [AnoPTIo; HERES;
All the things have been enumerated which are  SUccEssIo; UNIVERSITAS].  The following rethe object of dominium, and some which are not. marks apply to acquisitiones rerum  singularum.
Every dominus has a right to the possession of the  Acquisiti nes were either civiles (ex jure civili);
thing of which he is domi-(us; but possession  or naturales (exjure gentiuen), that is, there was no
alone, which  is a bare fact without any legal  formality prescribed for the mode of acquisition:
character, neither makes a man dominus, nor does  in both cases dominium  could be acquired.  The
the want of possession deprive him  of dominium. civiles acquisitiones of single things were by manciPossession has the same relation to a legal right to  patio, in jure cessio, and usucapio: those naturali
a thing, as the physical power to operate upon it jure were by traditio or delivery.  In the case of
has to the legal power; and accordinglythe doctrine  res mancipi, the only modes of acquiring dominium
of possession precedes that of ownership.  Things  were mancipatio, in jure cessio, and usucapio; but
cannot be the objects of possessio civilis which  usucapio applied also to things nec mancipi.  The
cannot be the objects of dominium.                 alienation of things nec mancipi was the peculiar
Certain things are not properly objects of owner-  effect of traditio or delivery (Ulp. Fk ag. xix. 8),
ship (dontinium), though a claim  to them  is pro- and if there was a justa causa, that is, some legal
secuted by an actio in rem: they are servitutes, ground or motive for the delivery, dominliurm was
emphyteusis, superficies, and pignus and hypotheca.  thus acquired; traditio, in the case of a thing manDominium properly signifies the right of dealing  cipi, merely made it ie bonis, and the dominium  or
with a corporeal thing as a person (domainns)  ownership continued unchanged.  The notion that
pleases; this, of course, implies the right to ex-  in the case of res nec mancipi, bare tradition with
clude all others from meddling with it.  The do. a justa causa did not confer quiritarian ownership
minus has the right to possess, and is distinguished  or dominium, is erroneous; for when the Roman
in that respect from  the bare possessor, who has  law did not require peculiar forms, the transfer of
only the right of possession.  He who has the  ownership was effected in what may be called the
ususfructus of a thing, is never considered as owner; natural way, that is, the simplest and most easy
and preprietas is the name for that which remains  way in which the parties to the act could show
after the ususfructus is deducted from the owner-  their meaning and carry it into effect.
ship.  Ownership may be either absolute, that is,    A man who was dominus of a thing, whether
as complete as the law allows any ownership to be, acquired jure civili or naturali, prosecuted his right
or it may be limited.  The distinction between  to it in the same way, by the rei vindicatio.  He
bare ownership and ownership united with the  could not of course prosecute such a right unless
beneficial interest, is explained in another place. he was out of possession; and, in order to succeed,
[BoNA.]  A person who has no ownership of a  he must prove his ownership.  If he had a thing
thing, may have rights in or to a thing which, in bonis, and was in possession, he could acquire
as far as they extend, limit the owner's power over the ownership by usucapion: if he was out of poshis property, as hereafter explained.  Ownership, session, it seems not an improbable conjecture of
being in its nature single, can only be conceived  Unterholzner (Rhlein. MIus. fiir Jurisjprud. Erster
as belonging to one person; consequently there  Jalirgang, p. 129), that he was aided in his action
cannot be several owners of one thing, but several after the time when the legis actiones fell into dispersons may own undivided shares or parts of a  use and the formula was introduced (for as to a
thing.                                             previous time it is difficult to form any conjecture)
As a man's right to deal with a thing and to  by the fiction of his having received the property
exclude others from  the use or enjoyment of it, by mancipatio.  There are examples of a similar
may be limited, this may arise either from his being  fiction in the case of the bonorum possessor and
bound to allow to another person a certain use or the bonorum  emtor. (Gaius, iv. 34, 35.)  A man
enjoyment of the thing of which he is dominus, or could only dispose of a legacy by his will per vinfrom his being bound to abstain from doing certain  dicationem (Ulp. Frag. xxiv. 7) when he had the
acts on or to his property, and for the benefit of dominium of it: if he had not the dominium, he
some other person.                                 could only give per damnationem or sinendi modo.
This limitation of a man's enjoyment of his own  A slave who was the property of his master (donliis explained under SERVITUvES.                    nUts) might attain the Roman civitas by the act of
In order to acquire ownership, a person must manumission: if he was only in bonis of the person
have a legal capacity to acquire: and ownership  who manumitted him, he became a Latinus by the
many be acquired by such a person, or by another act of manumission.  The difference between qsiirifor him.  There must also be a thing which can  tarian ownership and in bonis was destroyed by
be the object of such ownership, and there must the legislation of Justinian, who declared in boais
be a legal mode of acquisition (acquisitio civilis). to be complete ownership.
Ownership may be acquired in single things (ac-    Some modern writers enumerate in addition to
Tqisitio rerumn singzlarumz), or it may be acquired  the civiles acquisitiones here enumerated, addictio,
in a number of things of different kinds at once  emtio sub corona, sectio bonorum, adjudicatio; and
(acquisitio per universitatems),in which case a person  lex (Ulp. Frag. tit. xix. ~ 2), by which last they
acquires them not as individual things, but he ac- understand those circumstances under which some
quires the parts by virtue of acquiring the whole. special enactment gives property to a person; and
The latter kind of acquisition is either successio inter  caducum [CADUCUAI] is mentioned as an instance.
vivos, as in the case where a man adrogates another,    A bonae fidei possessio was not ownership (do



DOMINUITM,                                            DOMUS.                   423
miinium), nor was it the same as in bonis.  The  that others had.  Thus the property of a pupilhis
two things are distinguished by Ulpian (Frag.  who was in tutela legitima, could not become the
xix.'20, 21).  A bonae fidei possessor had a capa-  property of another by usucapion; a fundamental
city for acquiring by usucapion the ownership of principle of law which Cicero was surprised that
the thing which he possessed.  Hle had a kind of his friend Atticus did not know (Ad Att. i. 5).
action, actio publiciana in rem, by which, if he lost    Ownership might be lost by the Maxima capitis
the possession before he had acquired the owner-  diminutio; when it was the consequence of a conship by usucapion, he could recover it against all viction for a capital crime, the property was forexcept the owner, or such person as had a better  feited to the state.  [SECTIO  BoNosoltu.]  The
right than himself, in which latter respect he dif- media capitis diminutio only effected an incapacity
fered from him who had a thing in bonis, for his  for quiritarian ownership: the person could still
claim  was good against the person who had the  retain or acquire property by the jus gentium;
bare ownership.  (Dig. 6. tit. 2.)                 still if the media capitis diminutio was the conseAs to fundi provinciales, it was an old prin-  quence of conviction for a capital crime, it had the
clple of Roman law that there could be no domi-  same consequences as the Maxima.  (Mackeldey,
nium in them, that is, no quiritarian ownership; Le/lrbuch, &c. 12th ed.; Ueber die VIrssceiedenen
nor were they said to be in bonis, but the occupier  Arten des Eigenthumns, &c. von Unterholzner, Rhein.
had possessio and ususfructus.  In fact the terms  Mus. Erster Jahlrg.; Gaius, ii. 1, &c.; Ulp. Ir(g.
dominium and in bonis were not applicable to pro-  tit. xix.; Thibaut, System, &c. ~ 146. &c., ~ 242,
vincial lands, nor were the fictions that were ap-  &c., 9th ed.)                         [G. L.]
plicable to things in bonis applicable to provincial    DOMINUS means master, owner [DoMuiNisu].
lands; but it is an ingenious conjecture of Unter-  Dominus is opposed to Servus. as master to slace.
holzner, that the formnula actionis was adapted to  Plinius, in his letters, always addresses Traija;us
the case of provincial lands by a fiction of their  as Dominus; but this must be viewed rather as a
being Italic lands, combined with a fiction of their  mode of showing his respect than any acknowledgbeing acquired by usucapion.  In the case of the  ment of a title.  (C. Plinii Caecilii Secundi Ep.
ager publicus in Italy, the dominium was in the  ed. G. H. Schaefer, p. 500, note.)   Domiitialnus
Roman people, and the terms possessio and pos- claimed the titles of Domlinus and Dens. (Dion Cass.
sessor were appropriate to the enjoyment and the  lxvii. 13, and the note of Reimarus; also Martialis,
person by whom  the land was enjoyed.  Still Ep. v. 8, and x. 72, when Domitianus was dead.)
the property in provincial land was like the pro-  It is said, that Aurelianus first adopted the title
perty in bonis in Rome and Italy, and it conse-  Dominus on his medals. (Eckhel, Ddct. NAusz. Vet.
quently became dominium  after the distinction  vol. vii. p. 482.)                        [G. L.]
between quiritarian and bonitarian ownership was    DOMUS (oscos, olcia, and in old Greek;61os),
destroyed.                                         a house.  i. GREEK. -  The arrangement of the
Ownership was also acquired in the case of oc-  several parts of the dwellings of the Greeks forms
cupatio, accessio,  &c.  [AccEssIO; ALLUVIO;  one of the most difficult subjects in their antiquities.
CoNFusIO.]                                         The only regular description of the Greek house,
A man, who had a legal capacity, could acquire  that of Vitruvius, is in many respects inconsistent
property either himself or by those who were " in  with the allusions found in the Greek writers;
potestate.manu,mancipiove." Hecould even acquire  while those allusions themselves are far too scanty
thus per universitatem, as in the case of an here-  and obscure, to be woven into a clear description.
ditas; and he could also thus acquire alegacy. If a  It is manifest, also, that the arrangement of the
slave was a man's in bonis, every thing that the slave  parts differed much at different periods.  To say
acquired belonged to the owner in bonis, and not to  nothing of the early period when, according to trahim who had the bare quiritarian ownership. If a  dition, rude huts of clay, or wood, or stone, began
man was the " bona fide possessor " of another per-  to be used instead of the hollow trees, and caves, and
son, whether that person happened to be a freeman  clefts in the rocks, in which the savage aborigines
supposed to be and possessed as a slave, or was the  found shelter (Diod. v. 68, Pans. x. 17), we have to
property of another, the possessor only acquired the  distinguish between the houses, or rather palaces,
ownership of that which the person so possessed ac-  of the heroic age, to which Homer's allusions apply,
quired " ex re possid; ntis " and " ex operis suis."  the houses of the historical period down to the
The same rule applied to a slave in which a marl time of Alexander the Great, and those after his
had only the ususfructus; and the rule was conl- time.
sistent with the rule just laid down, for ususfructus    There were also considerable differences ketween
was not property.  Sons who were in the power  the arrangements of a town and a country house.
of a father, and slaves, of course, could not acquire  All of these had two principal features in colmproperty for themselves.  [PEcULIvUM.]             mon.  Firstly, in Greece, as in all warm climates,
Ownership was lost either with the consent of the general arrangement of a house of the bett r
the owner or against it.  With the consent, when  sort was that of one or more open courts, surhe transferred it to another, which was the general  rounded by the various rooms.  Secondly, in a
mode of acquiring and losing property; without  Greek family the women lived in private apartthe consent, when the thing perished, when it be-  ments allotted to their exclusive use.  Hence the
camle the property of another by accession or usu-  house was always divided into two distinct porcapion, when it was judicially declared to be the  tions, namely, the Andronitis, or men's apart.
property of another, or forfeited by being pledged.  ments (&8vpwYTrs), and the Gynaeconitis, or wo.Ownership was not lost by death, for the heres  men's apartments (yvvalmcwv7Trs).  In the earliest
was considered to be the same person as the de-  times, as in the houses referred to by Homer, the
funct.                                             women's apartmenits were in the upper story ( srpAs certain persons had not a capacity to acquire,  coov). The saile arrangement is found at the time
so some persons had not the same liability to lose  of the Peloponnesian war in the house spoken of; 4




'42-4 2.!DO MIjO S.                                                 DOMIUS.
by Lysias (LDe  (.>t. Eratostl.  pp. 1,,]3"  coxnp. P!utarch speaks of Phocion's house as' being ornaAristoph. Eccles. 961, T/sesfin. 482).'But it does  mented wvith plates of iron.  (Plut. P/oc. 18.)
not follow that that was the usual custom' at this    The general character of the ordinary houses in
period.  On the contrary, we have the express  towns was very plain, even at the time of the
testimony of several writers, and of Lysias him-  Peloponnesian war; the Greeks preferring to exself among the rest, that the Gynaeconitis was on  pend their wealth on temples and other public
the same story with the Andronitis, and behind it buildings.  The ease with which the Plataeans
(Lysias, e. Simon. p. 139; Demosth. c..uerg. broke through the party walls of their houses, to
p. 1155; Xen. Oecon. ix. 5; Antiph. de Venil. communicate with one another, in the instance
p. 611); and even the tragic poets transfer to the  just quoted, shows how  indifferently they were
heroic ages the practice of their own, and describe  constructed; and even at Athens, in the time of
both sets of apartments as on the same floor. (Soph. Pericles, foreigners were struck by the contrast
Oed. Tyr. 1241-1262.)                            between the splendour of the public buildings and
The scanty notices of the domestic, or'rather the  the mean dwellings of the common people. (Thuc.
palatial architecture of the early Greeks, Which we  ii. 14, 65; Dicaearch. Stat. Graec. p. 8.)
find in Homer, are insufficient to give an accurate    Xenophon (Menz. iii. 8. ~~ 9, 10) represents
notion of the names, uses, and arrafigement of the -Socrates as stating briefly the chief requisites of a
apartments; besides which, an:allowance- must no  good house: that it should be cool in summer and
doubt be made for poetical exaggeration.  The  warm in winter, and that the apartments should
various passages and words, in Homer, which  furnish convenient abodes for the family, and safe
throw any light upon the subject, are collected and  receptacles for their property: for the former purdiscussed by Schneider (Episz. ad Xenopls.: Item. pose, the chief apartments should face the south,
iii. 8. ~ 9), by Krause (in Pauly's Real-Encyclop. and should be lofty, so as to receive the full rays
d. Class. Alterth. s. v. Domus), and by Hirt, who  of the sun in winter, and to be shaded by their
gives a ground-plan of the Homeric house (Gesch- projecting roofs in summer; and that those facing
ic/ste der Baukzunst, vol. i. pp. 208-216, and Plate  the north should be.lower, for the sake of shelter.
VI. fig. 1).  The general plan was not very dif- Paintings and elaborate decorations, he says, deferent from that of the later houses.  The chief stroy more pleasures than they filrnish.
points of difference appear to have been, the posi-    The advance  of luxury,' after the time of
tion of the women's apartments in the upper story, Alexander the Great, caused a corresponding imand the great court in front of the house, which  provesment in the dwelling-houses of the principal
was wanting at least in the ordinary town dwellings  Greek cities, which had already begun to receive
of later times.                                  more attention, in proportion as the public buildWe first gain precise information on the subject ings were neglected.  (Demosth. in AAristocr. p.
about the time of the Peloponnesian war; and  689, Olynth. iii. p. 36.)  It is probably to the
from the allusions made by Greek writers to-the  larger and more splendid houses of this period
houses of this and the immediately subsequent pe- that the description of Vitruvius applies; but there
riods, till the time of Alexander, we may conclude  is no reason to suppose that the general arrangethat their general arrangement corresponded with  ments of the previous period were much altered.
that described by Vitruvius (vi. 7, Schneider). In  The following description, therefore, which is dethis description, however, there is one considerable  rived from  a comparison of Vitruvius with the
difficulty, among others of less importance. Vitru- allusions in the Greek writers, will serve for the
vius seems to describe the Gynaeconitis as lying probable arrangements (for further we cannot go)
before the Andronitis, an arrangement alike incon- of the Greek house, at the time of the Peloponsistent with the careful state of seclusion in which  nesian war and onwards.
the Greek women were kept, and also with the    That there was no open space between the
allusions in the writers of the period, who, as above  street and the house-door, like the Roman vestistated, almost uniformly refer to the two sets of bulemn, is plain from the law of Hippias, which laid
apartments as being on the same floor, the Gynae- a tax on house-doors opening outwards, because
conitis behind the Andronitis.  Becker (Charikles, they encroached upon the street.  (Aristot. Oecosn.
vol. i. pp. 184, 185) notices the different explana- ii. 6, p. 1347. Bekk.)  The wpom0pov, which is
tions which have been given of the inconsistency  sometimes mentioned (Herod. vi. 35), seems to be
between the statements and the description of merely the space in front of the house. We learn,
Vitruvius, the most plausible of which is that of however, from  the same law  of Hippias, that
Galiani, namely, that in the time of Vitruvius a  houses sometimes stood back from the street, withslight change had taken place in the disposition of in enclosures of their own (7rpoqppdyc/taLa or 6pmimpathe apartments, by which the Andronitis and Gy-  KTro, Heracl. Pont. Polit. 1).  In front of the
naeconitis were placed side by side, each of them   house was generally an altar of Apollo Agyieus,
having its own front towards the street, and its  or a rude obelisk emblematical of the god.  Someown entrance.  It is also very likely that Vitruvius times there was a laurel tree in the same position,
to some extent misunderstood the descriptions given  and sometimes a terminal bust of the god Hermes.
by his Greek authorities.                        (Thucyd. vi. 27; Aristoph. Plut. 1153.)
The front of the house towards the street was    A few steps (asogaeeuoi) led up to the housenot large, as the apartments extended rather in  door, which generally bore some inscription, for
the direction of its depth than of its width.  In  the sake of a good omen, or as a charm, such as
towns the houses were often built side by side, EmoaorsKpae'r-T'AayaO haatsovm. (Plutarch, Frag.
with party walls between.  (Thucyd. ii. 3.) The  Vit. Crat.; Diog. LaUrt. vi. 50.)  The form and
exterior wall was plain, being composed generally  fastenings of the door are described under JANUA.
of stone, brick, and timber (Xen. Mere. iii. 1. ~ 7; This door, as we have seen, sometimes opened outDemnosth. HiepI:uvvra. p. 175), and often covered  wards; but the opposite. was the general rule, as
with stqcco.  (Plutarch. Comp. Aist.. et Cat. 4). is proved by the expressions used for'opening,




DOMi1US.                                           DOMIUS.                  425
*yoVval, and shutting it, irLoa7rdoa0aoOL and EeX- } are mentioned by Xenophon, who calls it Uspa
Ko'aa6aL.  (Plutarch. Pelop. 11, Dio, 57.)   The laAcawTds (Oecon. ix. 5; compare Plut. Arat. 26).
handles were called mir'ioraaT71pes.                Its name  uiseavXos is evidently  derived from
The house-door was called aV'AeLos  or aiUXeLa  lE'aos, and means the door between the two abXal;hpa  (Pind. Nena, i. 19; Harpocr. s. v.; Eustath.  or peristyles.  (Suidas s. v. MeaeAXLeo,: Ael. Dion.
ad Iliad, xxii. 66), because it led to the aA1,. It  apud Eustatl. ad Iliad, xi. 547; Schol. in Apoll.
gave admittance to a narrow  passage (avpwpesov,  Rhod. iii. 335.)  The other name, /eiTauXos, is
7rvuAc~, avpcuv), on one side of which, in a large  taken by some writers as merely the Attic form of
house, were the stables, on the other the porter's  I uef'oaveos.  (Moer. Att. p. 264.)  But it should
lodge.  The duty of the porter (uvpowps) was to  rather be derived from  JesTd, as being the door
admit visitors, and to prevent anything improper  behind or beyond the ave.i, with respect to the
from being carried into or out of the house. (Aristot. aWAIEos  Upa. (Lysias, de Caed. Erat. p. 20; Plut,
Oecon. i. 6.) Plato (Psotag. p. 314.) gives a lively  Syrnp. vii. 1; Ael. Dion. apud Eustat/c. 1. c.)  It
picture of an officious porter.  The porter was  should be observed that in the house described
attended by a dog.  (Apollod. apud Atlien. i. p. 3;  by Vitruvius, if the Andronitis and Gynaeconitis
Theocr. xv. 43; Aristoph. Thesm. 416, Equit.  lay side by side, the,ye.avuos  r~pa would not be
1025.)  Hence the phrase seiXagCezL -rrd s xa  opposite to the entrance, but in one of the other
(Aristoph. Lysist. 1215), corresponding to the  sides of the peristyle.
Latin Cave canem.                                    This door gave admittance to the peristyle of
At the further end of the passage Vitruvius  the Gynaeconitis, which differed from that of the
places another door, which, however, does not Andronitis in having porticoes round only three of
seem  generally to have existed.  Plutarch (de  its sides.  On the fourth side, that opposite to the
Gen. Socr. 18) mentions the house-door as being   es'oeavAos UL'pa (the side facing the south, accordvisible from the peristyle.                       ing to Vitruvius), were placed two antae [ANTAE],
From the asopWPezOV we pass into the peristyle  at a considerable distance from  each other.  A
or court (7repotrVArto,, avbX) of the Andronitis,  third of the distance between these antae was set
which was a space open to the sky in the centre  off inwards (Vitruv. 1. c. ~ 1. Quaztum i2zter asztas
(i'raeOpov), and surrounded on all four sides by  distat, ex eo tertia demnpta spatiumz dateur istdrorsus),
porticoes ( —roal), of which one, probably that thus forming a chamber or vestibule, which was
nearest the entrance, was called  rpoo'i-vo (Plato, called rpoor-Tas, Irapacr ads and perhaps 7raomeds, and
Protacg. pp. 314, 315).  These porticoes were used  also rpilogcos;  although some of the later Greek
for exercise, and sometimes for dining in. (Pollux,  writers apply the word Nrpdl3ouos to the vestibule
i. 78; Plato, Symp. p. 212, Protag. p. 311; Plu-  of the Andronitis, and such seems to have been
tarch. de Gee. Socr. 32.)   Here was commonly  its meaning in Homer's time.  (Pollux; Suicl.;
the altar on which sacrifices were offered to the  Hesych.; Etymol. iag.; Vitruv. 1. c.)  On the
household  gods, but frequently portable altars  right and left of this 7rpor~Tds were two bedwere used for this purpose.  (Plato, de Republ. i.  chambers, the  dxa/uos and arsplOdhAauo,, of which
p. 328.)  Vitruvius (I. c.) says that the porticoes  the former was the priincipal bed-chamber of the
of the peristyle were of equal height, or else the  house, and here also seem to have been kept the
one facing the south was built  ith loftier columns. vases, and other valuable articles of ornament.
This he calls a Rhodian peristyle; and it cor-  (Xen. Oecon. ix. 3.)  Beyond these rooms (for this
responds with the arrangement recommended by  seems to be what Vitruvius means by in his locis
Xenophon, for the purpose of obtaining as much  introrsus) were large apartments (iorwvYes) used
sun in winter, and as much shade and air in sun- for working in wool (oeci ncgqali, in quibus msatres
mer, as possible.  (Xen. Oecon. ix. 4; M1en. iii. 8. jfAiiliar?'U1   cuZ lacificis habent sessioneei, Vitruv.).
~ 9; Aristot. Oecon. i. 6.)                        Round the peristyle were the eating-rooms, bedRound the peristyle were arranged the chambers  chambers, store-rooms, and other apartments in
used by the men (oicolt, &daspves), such as ban-  common use (tr'iclinia quzatidiana, cubiclea, et cellae
queting rooms, which were large enough to con- fi;ciliaricae).
tain several sets of couches (iptiXuoVl, Er'TdcKAlvOL,    Besides the aAsXeos trvpa and the   eeruavXos
rptaCKov Tai KtAoL), and at the same time to allow   Utspa, there was a third door (tcl-rata vhipa) leadabundant room for attendants, musicians, and per-  ing to the garden.  (Pollux, i. 76; Demosth. in
formers of games (Vitruv. 1. c.; Xen. Synip. i. 4. Euery. p. 1155; Lysias, in E, -atosth. p. 393.)
~ 13; Plutarch. Sysnp. v. 5. ~ 2; Aristoph. Eccles.  Lysias (I. c. p. 394) speaks of another door, which.676); parlours or sitting rooms (Eiespai), and  probably led from the garden into the street.
smaller chambers and sleeping rooms (bascdrTa,    There was usually, though not always, an upper
KcoTrlYses, otct iara); picture-galleries and libraries,  story (irepiop,, 8tiIpes), which seldom  extended
and sometimes store-rooms; and in the arrange- over the whole space occupied by the lower story.
ment of these apartments attention was paid to  The principal use of the upper story was for the
their aspect. (Vitruv. 1. c.; Lysias, de Ccede Era-  lodging of the slaves. (Demosth. in Eeize. p. 1156,
tosth. p. 28, in Eratosth. p. 389; Aristoph. Eccles. where the words esY s-) mrupyT  seem  to imply a
8, 14; Pollux, i. 79; Plato, Protag. pp. 314. 316.)  building several stories high.)  The access to the
The peristyle of the Andronllitis was connected  upper floor seems to have been sometimes by stairs
with that of the Gynaeconitis by a door called  on the outside of the house, leading up from the
uiTavAos, uAe4iavXos, or  ee-aiAitos, which was in  street.  Guests were alsb lodged in the upper
the middle of the portico of the peristyle opposite  story.  (Antiph. de Venef[ p. 611.)  But in some
to the entrance.   Vitruvius applies the name  large houses there were rooms set apart for their
I'EiavXos to a passage between the two peristyles,  reception (SEv6VEs ) on the ground floor.  (Vitruv.
in which was the iEiaaavAos lupa.  By mieains of 1. c.; Pollux, iv. 125; Eurip. Alcest. 564.)' In
this door all communication between the Andronitis  cases of emergency store-rooms were fitted up for the
aid the Gvniaeconitis could be shut off.  Its uses  accommodation of' guests.  (Plato, Psotag. p. 31-5)




426                DOMUiS.                                           DOMUS.
Portions of the upper story sometimes projected  (Plutarch. Apophth. i. p. 717; Aristoph. Vesp. 811,
beyond the walls of the lower part, forming bal-  Pollux, vi. 89, x. 101.)  [Focus.]
conies or verandahs (7rpoo;ali, 7yELlra7roi'eiSaTa,    The decorations of the interior were very plain
Pollux, i. 81).                                  at the period to which our description refers. The
The following plan of the ground-floor of a Greek  floors were of stone.  At a late period coloured
house of the larger size is taken from Bekker's  stones were used.  (Plin. H. N. xxxvi. 25. s. 60.)
Chari-cles.  It is of course conjectural, as there are  Mosaics are first mentioned as introduced under
no Greek houses in existence.  Other plans, differ-  the kings of Pergamus.
ing very much from  this and from  one another,    The walls, up to the fourth century B. C., seem
are given by Hirt, Stieglitz, and the commentators  to have been only whited.  The first instance of
on Vitruvius.                                    painting them is that of Alcibiades.  (Andoc. in
Alcib. p. 119; Plutarch. Alcib. 16.)  This innovation met with considerable opposition.  (Xen.
-M1em. iii. 8. ~ 10; Oecon. ix. 2.)  Plato mentions
L.       -.                        the painting of the walls of houses as a mark of
L_      _     Iii                  a Tpu(pcaea 7rA;rs (Repub. iii. pp. 372, 373). These
0.   7r.    9.                  allusions prove that the practice was not uncommon!, ~..__,[  v-~j —  in the time of Plato and Xenophon.  We have
also mention of painted ceilings at the same period.
a I' ~    l(Plato, Repub. vii. 529.)  At a later period this
"J i  _        l;      -- tmode of decoration became general.  (The com-.~  ~ L6-oTVQ o o   ~              mentators on Vitruvius, 1. c.; Schneider, ELpim.n. ad'- 0k          Xen. Menz.; Hirt, Die Lehre der Gebihude, pp. 2817
Y~ [7p  y.l y_~     /      -289; Stieglitz, Adrchiol. d. Bauokist, vol. ii.
pt. 2. pp. 150-159; Becker, C(arlikles, vol. i. pp.
C66- 16205.)                          [P. S.]
2. ROMAN.  The houses of the Romans were
r-  T-'poor and mean for many centuries after the foundi                I e o    e   | U.  ation of the city.  Till the war with Pyrrhus the
AIe:A.               houses were covered only with thatch or shingles'_~~~ S.    0(Plin. It. N. xvi. 15), and were us;ually built of
o        o.I              wood or unbaked bricks. It was not till the latter
0., ~0 e*   j-o     _times of the republic, when wealth had been ac0._             quired by conquests in the East, that houses of any
~:. ~ A. Isplendour began to be built; but it then became
_% —— q I.  01 [       the fashion not only to build houses of anl imnlense..    a   1  i    15   size, but also to adorn them with columns, paint__ L   I           lungs, statues, and costly works of art.
M. Lepidus, who was consul B. c. 78, was the
first who introduced Numidian marble into Rome
a, House-door, av;AElos.pa: avp. passage, for the purpose of paving the threshold of his.&upwpe7ov or Suvpcts-: A, peristyle or ab;A  of the  house; but the fashion of building magnificent
Androonitis: o, the halls and chambers of the An-  houses increased so rapidly that the house of Ledronitis; it, juelTavXos  or u-av;'Aos ~vpa: r, peri- pidus, which, in his consulship, was the first in
style of the Gynaeconitis; y, chambers of the  Rome, was, thirty-five years later, eclipsed by a
Gynaeconitis; r, -rpoe-m&s or srrapaTr&as: 0, 5dtxa- hundred others. (Id. xxxvi. 8. 24. ~ 4.) Luctullus
LUos and a/qotO/icAa/Los: I, rooms for working in  especially surpassed all his contemporaries in the
wool (i-rc'jes); K, garden-door, Kcqra'a ~Upa.  magnificence of his houses and the splendour of
The roofs were generally flat, and it was cus- their decorations.  Marble columns were first intomary to walk about upon them.  (Lysias, adv. troduced into private houses by the orator L. CrasSimon. p. 142; Plaut. MUil. ii. 2. 3.)  But pointed  sus, but they did not exceed twelve feet in height,
roofs were also used.  (Pollux, i. 81.)          and were only six in number. (Id. xvii. 1, xxxvi.
In the interior of the house the place of doors  3.)  He was soon outdone by M. Scaurls, who
was sometimes supplied by curtains (7rapa7rerdfo-  placed in his atrium  columns of black marble,
/ra-a), which were either plain, or dyed, or em- called Lucullean, thirty-eight feet high, and of
broidered.  (Pollux, x. 32; Theophrast. 5.)      such immense weight that the contractor of the
The principal openings for the admission of light sewers took security for any injury that might be
and air were in the roofs of the peristyles; but it done to the sewers in consequence of the columns
is incorrect to suppose that the houses had no  being carried along the streets. (Id. xxxvi. 2.)
windows (vupiLss), or at least none overlooking    The Romans were exceedingly partial to marble
the street.  They were not at all uncommon. for the decoration of their houses.  Mainurra,
(Aristoph. Tkessn. 797, Eccles. 961; Plutarch. de  who was Caesar's praefectus fabruim in Gaul, set
Curios. 13, Dion, 56.)                          the example of lining his room with slabs of marArtificial warmth was procured partly by means ble. (Id. xxxvi. 7.)  Some idea may be formed of
of fire-places.  It is supposed that chimneys were  the size and magnificence of the houses of the
altogether unknown, and that the smoke escaped  Roman nobles during the later times of the rethrough an opening in the roof (ca7rvo3&Kc7, Herod. public by the price which they fetched. The conilviii. 137).  It is not easy to understand how this  sul Messalla bought the house of Autronius for
could be the case when there was an upper story. 3700 sestertia (nearly 33,00C/.), and Cicero the
Little portable stoves (eXcidpai, EoxeapLes) or house of Crassus, on the Palatine, for 3500 seschafing dishes (A&Opd{a)   were frequently- used. tertia (nearly 31,0001.).  (Cic. uad Alt. i. 13, ad




DOMUS.                                           DOMUS.                    427
Farn. v. 6.) The house of P. Clodius, whom Milo jawua and fores, was the entrance to the house.
killed, cost 14,800 sestertia (about 131,0001.); and  The street-door admitted iiito a hall, to which the
the Tusculan villa of Scaurus was fitted up with  name of ostium was also given, and in which there
such magnificence, that when it was burnt by his  was frequently a small room (cella) for the porter
slaves, he lost 100,000  sestertia, upwards of (janitor or ostiarizus), and also for a dog, which
885,0001. (Plin. H. N. xxxvi. 24.)  The house-  was usually kept in the hall to guard the house.
rent, which persons in poor circumstances usually  A full account of this part of the house is given
paid at Rome, was about 2000 sesterces, between  under JANUA. Another door (januea interior) op171. and 181. (Suet. Jul. 38.)  It was brought as posite the street door led into the atrium.
a charge of extravagance against Caelins that he    3. ATRIVM or CAVUM AEDIrUM, as it is written
paid 30 sestertia (about 2661.) for the rent of his  by Varro and Vitruvius; Pliny writes it Carcaehouse. (Cic.pro Cael. 7.)                        diem. Hirt, MUller (Etrusker, vol. i. p. 255),
Houses were originally only one story high; Marini, and most modern writers, consider the
but as the value of ground increased in the city  Atrium and Cavnum Aedium to be the same; but
they were built several stories in height. In many  Newton, Stratico, and more recently Becker ((:alhouses each story was let out to separate tenants, lus, vol. i. p. 77, &c.), maintain that they were
the highest floors being usually inhabited by the  distinct rooms.  It is impossible to give a decisive
poor. (Cic. Agr. ii. 35; Hor. Ep. i. 1. 91; Juv. opinion on the subject; but from the statements of
Sat. iii. 268, &c., x. 17.) To guard against danger  Varro (De Ling. Lat. v. 161, Mtiller) and Vitrufrom the extreme height of houses, Augustus re- vius (vi. 3, 4, Bipont), taken in connection with
stricted the height of all new houses which were  the fact that no houses in Pompeii have been yet
built by the side of the public roads to seventy  discovered which contain both an Atrium  and
feet. (Strab. v. p. 235.)  Till the time of Nero, Cavum  Aedium, it is most probable that they
the streets in Rome were narrow and irregular, were the same. The Atrium or Cavum Aedium
and bore traces of the haste and confusion with  was a large apartment roofed over with the excepwhich the city was built after it had been burnt tion of an opening in the centre, called coomplzeby the Gauls; but after the great fire in the time  vium, towards which the roof sloped so as to throw
of that emperor, by which two-thirds of Rome  the rain-water into a cistern in the floor, termed
was burnt to the ground, the city was built with  impluvium (Varro, 1. c.; Festus, s. v. Impluvium),
great regularity.  The streets were made straight which was frequently ornamented with statues,
and broad; the height of the houses was re- columns, and other works of art. (Cic. c. Yerr. ii.
stricted, and a certain part of each was required  23, 56.)  The word in7pluvium, however, is also
to be built of Gabian or Alban stone, which was  employed to denote the aperture in the roof. (Ter.
proof against fire. (Tacit. Ann. xv. 43; Suet. Eun. iii. 5. 41.) Schneider, m his commentary on
Ner. 38.)                                        Vitruvius, supposes cavum  aedium  to mean the
Our information respecting the form  and ar-  whole of this apartment including the impluvium,
rangement of a Roman house is principally derived  while atrium  signified only the covered part exfrom the description of Vitruvius, and the remains  clusive of the impluvium.  Mazois, on the conof the houses which have been found at Pompeii. trary, maintains that atrium  is applied to the
Many points, however, are still doubtful; but whole apartment, and cavum aediumn only to the
without entering into architectural details, we  uncovered part.  The breadth of the impluvium,
shall confine ourselves to those topics which serve  according to Vitruvius (vi. 4), was not less than a
to illustrate the classical writers. The chief rooms  quarter nor greater than a third of the breadth of
in the house of a respectable Roman, though dif- the atrium; its length was in the same proportion
fering of course in size and splendour according to  according to the length of the atrium.
the circumstances of the owner, appear to have    Vitruvius (v-i. 3) distinguishes five kinds of atria
been usually arranged in the same manner; while  or cava aedium, which were called by the followthe others varied according to the taste and cir- ing names: -
cumstances of the master.                          (1.) 7uscanicumn.  In this the roof was supThe principal parts of a Roman house were  ported by four beams, crossing each other at right
the 1. Vestibulum, 2. Ostiumn, 3. Atriumz or Caevua  anlgles, the included space forming the compluAediumn, 4. Alae, 5. Tablizmrnm, 6. Fauces, 7. Pc- vium. This kind of atrium was probably the most
ristyliumn.  The parts of a house which were con- ancient of all, as it is more simple than the others,
sidered of less importance, and of which the  and is not adapted for a very large building.
arrangement differed in different houses, were the    (2.) Tetrastylu7e.  This was of the same form
1. Cubicula, 2. Triclinia, 3. Oeci, 4. Exedrae, 5. as the preceding, except that the main beams of
Pinacotlectc, 6. Bibliotlheca, 7. Balineum, 8. Culina, the roof were supported by pillars, placed at the
9. Coenacula, 10. Diaeta, 11. Solaria. We shall four-angles of the impluvium.
sp ak of each in order.                             (3.) CorintlMizum was on the same principle as
1. VESTIBULuM. The vestibulum did not pro. the tetrastyle, only that there were a greater nnmperly form part of the house, but was a vacant ber of pillars around the impluvium, on which the
space before the door, forming a court, which was  beams of the roof rested.
surrounded on three sides by the house, and was    (4.) Displuviatum had its roof sloping the conopen on the' fourth to the street.  The two sides  trary way to the impluvium, so that the water fell
of the house joined the street, but the middle part outside the house instead of being carried into the
of it, where the door was placed, was at some  impluvium.
little distance from  the street.  (Gell. xvi. 5;    (5.) Testudinatumn was roofed all over and had
Macrob. Sct. vi. 8.)  Hence Plautus (Alostell. iii. no conlpltvium.
2. 132) says, " Viden' vestibulum ante aedes hoc    The atrium was the most important room in the
et ambulacrum quoiusmodi?"                      house, and among the wealthy was fitted up with
2. OSTIUmI.  The ostium, which is also called  lluch splendour and magnificence. (Compare Hor.




428                DO IU-S.                                        DOMNIUS.
GCari2. iii. 1. 46.) The marble columns of Scaurus  times had a small ante-roon, which avas -called by
already spoken of were placed in the atrium. The  the Greek namne of 7rpoicoircv. (Plin. Ep. ii. 17.)
atrium appears originally to have been tle only    2. TRICLINIA, dining-rooms, are treated of in a
sitting-room in the house, and to have served also  separate article. [TRICLINIUMs.]
as a kitchen (Serv. ad Viyg. Ael. i. 726, iii. 353);    3. OECI, from the Greek obcos, were spacious
and -it probably continued to do so among the  halls or saloons borrowed from  the Greeks, and
lower -and middle classes.  In the houses of the  were frequently used as triclinia.  They were to
wealthy, however, it was distinct from the private  have the same proportions as triclinia, but were to
apartments, and was used as a reception room, be more spacious on account of having columns,
where the patron received his clients, and the  which triclinia had not. (Vitruv. vi. 5.)  Vitrugreat and noble the numerous visitors who were  vius mentions four kinds of oeci:accustomed to call every morning to pay their re-    (1.) The Tetrast yle, which needs no further despects or solicit favours. (Hor. Ep. i. 5. 30; Juv. scription. Four columns supported the roof.
vii. 7, 91.)- Cicero frequently complains that he    (2.) The Corinthian, which possessed only one
-was not exempt from this annoyance, when he  row of columns, supporting the architrave (episty.
retired to his country-houses. (Ad Aft. ii. 14, v. liumo), cornice (corona), and a vaulted roof.
2, &c.)  But though the atrium  does not appear    (3.) The Aegyptian, which was more splendid
to have been used by the wealthy as a sitting- and more like a basilica than a Corinthian tricliroom for the family, it still continued to be eni- nium.  In the Aegyptian oecus, the pillars supployed for many purposes which it had originally  ported a gallery with paved floor, which formed a
served. Thus the nuptial couch was placed in the  walk round the apartment; and upon these pillars
atrium opposite the door (izu aula, HIor. Ep. i. 1. others were placed, a fourth part less in height
87; Ascon. in Cic. pro Mil. p. 43, Orelli), and  than the lower, which surrounded the roof.  Be.
also the instruments and materials for spinning  tween the upper columns windows were inserted.
and weaving, which were formerly carried on by    (4.) The CJyzicene  (KuvKCrnoi) appears in the
the women of the fanmily in this room.  (Ascon. time of Vitruvius to have been seldom used in
I. c.)  Here also the images of their ancestors  Italy.  These oeci were meant for summer use.
were placed (Juv. viii. 19; Mart. ii. 90), and the  looking to the north, and, if possible, facing garfocus or fire-place, which possessed a sacred cha- dens, to  which they opened by folding-doors.
raeter, being dedicated to the Lares of each family. Pliny had oeci of this kind in his villa.
[Focus.]                                           4. EXEDnRA, which appear to have been in
4. ALAE, wings, were small apartments or re- form much the same as the oeci, for Vitruvius (vi.
cesses on the left and right sides of the atrium. 5) speaks of the exedrae in connection with oeci
(Vitruv. vi. 4.)                                 quadrati,  were rooms for conversation and the
5. TABLINnUs was in all probability a recess or other purposes of society. (Cic. de Nat. Deor. i. 6,
room at the further end of the atrium opposite the  Dye Orat. iii. 5.)  They served the same purposes
door leading into the hall, and was regarded as as the exedrae in the Thermae and Gymnasia,
part of the atrium. It contained the family records  which were semicircular rooms with seats for phiand archives. (Vitruv. vi. 4; Festus, s. v.; Plin. losophers and others to converse in. (Vitruv. v. 11,
H. N. xxxv. 2.)                                  vJi. 9; BALNEAE.)
WVith the tablinum, the Roman house appears    5, 6, 7.  PINACOTHECA, BIBLIOTHECA, and
to have originally ceased; and the sleeping rooms BALINEUmN   [see BALNEAE], are treated of in
were probably arranged on each side of the atrium. separate articles.
But when the atrium  and its surrounding rooms    8. CULINA, the kitchen.  The food was originwere used for the reception of clients and other ally cooked in the atrium, as has been already
public visitors, it became necessary to increase the  stated; but the progress of refinement afterwards
size of the house; and the following rooms were  led to the use of another part of the house for this
accordingly added: -                             purpose.  In the kitchen of Pansa's house, of
6. FAUCES appear to have been passages, which  which a ground-plan is given below, a stove for
passed from the atrium to the peristylium or in- stews and similar preparations was found, very
terior of the house. (Vitruv. vi. 3.)            much like the charcoal stoves used in the present
7. PERISTYLIUM  was in its general form like  day.  (See woodcut.)  Before it lie a knife, a
the atrium, bhtt it was one-third greater in breadth, strainer,'and  a kind of frying-pan with four
measured transversely, than in length.  (Vitruv. spherical cavities, as if it were meant to cook
vi. 4.)  It was a court open to the sky in the  eggs.
middle; the open part, which was surrounded by
columns, was larger than the impluvium  in the 
atrium, and was frequently decorated with flowers            i
(and shrubs.
The arrangement of the rooms, which are next. 
to be noticed, varied, as has been remarked, according to the taste and circumstances of the
owner.  It is therefore impossible to assign to
them any regular place in the house.
1. CUBICvLA, bed-chambers, appear to have been
usually small.  There were separate cubicula for               
the day and night (c2ubicuzla diurna  et nocturna,    -    -        -
Plin. Ep. i. 3); the latter were also called dosrmitoeria. (Id. v. 6; Plin. H. N. xxx. 17.) Vitruvius
(vi. 7) recommends that they should face the east
for the benefit of the rising sun.  They some



DOfM"USi                                           DOMIUS.                   492
In this kitchen, as well as in many others at  smaller than the triclinium.  Diaeta is also the
Pompeii, there are paintings of the Lares or do- name given by Plinly (Ep. vi. 5) to rooms containmestic gods, under whose care the provisions and  ing three or four bed-chambers (cubiceula).  Pleaall the cooking utensils were placed.              sure-houses or summer-houses are also called di9. COENACJCLA properly signified rooms to dine  aetae.  (Dig. 30. tit. 1. s. 43; 7. tit. 1. s. 13.
in; but after it became the fashion to dine in the  ~ 8.)
upper part of the house, the whole of the rooms    11. SOLARIA, properly places for basking in
above the ground-floor were called coenalcza (Varr.  the  sun, were terraces on the tops of houses.
de Ling. Lat. v. 162, Miiller), and hence Festus  (Plaut. Mlil. ii. 3. 69, ii. 4. 25; Suet. Nert. 16.)
says, " Coenacula dicuntur, ad quae scalis ascendi-  In the time of Seneca the Romans formed artificial
tur." (Compare Dig. 9. tit. 3. s. 1.)  As the rooms  gardens on the tops of their houses, which conon the ground-floor were of different heights and  tained even fruit-trees and fish-ponds.  (Sen. Ep.
sometimes reached to the roof, all the rooms on  122, Contr. Exc. v. 5; Suet. Claudl. 10.)
the upper story could not be united with one an-    The two woodcuts annexed represent two atria
other, and  consequently  different sets of stairs  of houses at Pompeii.  The first is the atrium of
would be needed to connect them with the lower  what is usually called the house of the Quaestor.
part of the house, as we find to be the case in  The view is taken near the entrance-hall facing the
houses at Pompeii.  Sometimes the stairs had no  tablinum, through which the columns of the periconnection with the lower part of the house, but style and the garden are seen.  This atrium, which
ascended at once from the street. (Liv. xxxix. 14.)  is a specimen of what Vitruvius calls the Corin10. DIAETA was an apartment used for dining  thian, is surrounded by various rooms, and is
in, and for the other purposes of life. (Plin. Ep. ii. beautifully painted with arabesque designs upon
7; Suet. Claud. 10.)  It appears to have been  red and yellow grounds.
The next woodcut represents the atrium  of    The preceding account of the different rooms,
ivhat is usually called the house of Ceres.  In the  and especially of the arrangement of the atrium,
centre is the impluvium, and the passage at the  tablinum, peristyle, &c., is best illustrated by the
further end is the ostiam  or entrance-hall.   As  housas which have been disinterred at Pompeii.
there are no pillars around the impluvium, this  The ground-plan of two is accordingly subjoined.
atrium must belong to the kind called by Vituvxius  The first is the plan of a house, usually called the
the Tuscan.                                        house of the tragic poet.
Like most of the other houses at Pompeii, it
had no vestibulum according to the meaning which
~;   I/-I [    lwe have attached to the word.  1. The ostium  or
tg~!   ByS    i~entrance hall, which is six feet wide and nearly
1< l~1   \       thirty long.  Near the street door there is a figure
li! ~ 1m  C          i ~of a large fierce dog worked in mosaic on the,- / l r = Ut_ _                     - w_ pavement, and beneath it is written Cave Caneoe.
t~~~1fuilk           fFi  _  t  l  4   E The two large rooms on each side of the vestibule
appear from  the large openings in front of them to
MTn~~ I!   X     l i |    Ihave been shops; they communicate with the en=i   2   |s             7W              trance hall, and were therefore probably occupied
by the master of the house.  2. The atrium, which!breadth; its imipluviumn is near the centre of the
-Th  a\st  = a dcutroom, and its floor is paved with white tesseraeo
I —A —--— t                                       I-spotted with black.  3i. Chambers for the use of,                          




430               DOMUS.                                          DOMUS.
~6'                                    E~7Lb
C
illilll ll'A'"- "' —a house did not possess an hospitium, or rooms                         Q
expressly for the reception of guests, they appear to have been lodged in rooms attached to
the atrium. [HosrPITUuM.] 4. A small room with
a stair-case leading up to the upper rooms.  5.
Alae. 6. The tablinum. 7. The fauces. 8. Peristyle, with Doric columns and garden in the centre.
The large room on the right of the peristyle is the
triclinium;  beside it is the kitchen; and the
smaller apartments are cubicula and other rooms
for the use of the family.                                  s
The next woodcut contatins the ground-plan of 
an insula, which was properly a house not joined
to the neighbouring houses by a common wall.
(Festus, s. v.)  An insula,  however, generally  the street.  N. Culina.  H. Servants' hall, with
contained several separate houses, or at least a back door to the street. P. Portico of two stories,
separate apartments or shops, which were let to which proves that the house had an upper floor.
different  families;  and hence  the term  domus  The site of the staircase, however, is unknown,
under the emperors appears to be applied to the  though it is thought there is some indication of
house where oe  family lived, whether it were an one in the passage, M. Q. The garden. R. Reserinsula or not, and insula to any hired lodgings. voir for supplying a tank, S.
This insula contains a house, surrounded by shops,    The preceding rooms belonged exclusively to
which belonged to the owner and were let out by Pansa's house; but there were a good many aparthinl. The house itself, which is usually called the ments besides in the insula, which were not in his
house of Pansa, evidently belonged to one of the occupation. a. Six shops let out to tenants. Those
principal men of Pompeii.  Including the garden, on the right and left hand corners were bakers'
which is a third of the whole length, it is about shops, which contained mills, ovens, &c. at b. The
300 feet long and 100 wide.                    one on the right appears to have been a large
A. Ostium, or entrance-hall, paved with mosaic, establishment, as it contains many rooms. c. Two
B. Tuscan atrium.  I. Impluvium.  C. Chambers  houses of a very mean class, having formerly an
on each side of the atrium, probably for the recep- upper story.  On the other side are two houses
tion of guests.  D. Ala.  E. Tablinum, which is much ilarger, d.
open to the peristyle, so that the whole length of    Having given a general description of the rooms
the house could be seen at once; ut as there is  of a Roman house ould be seen at once; bremai is to speak of the
passage (fauces), F, beside it, the tablinum might (1) floors, (2) walls, (3) ceilings, (4) windows, and
probably be closed at the pleasure of the owner. (5) the mode of warming the rooms. For the doors
C. Chambers by the fauces and tablinum, of which  see JANuTA.
the use is uncertain.  G. Peristyle.  D. Ala to    (1.) The floor (solum) of a room  was seldom
the peristyle.  C. Cubicula by the side of the  boarded, though though  this appears to have been sorneperistyle.  K. Triclinium.  L. Oecus, and by its   times done (strata solo tabotlata, Stat. Sile. i. 5.57).
side there is a passage leading from the peristyle  It was generally covered with stone or marble, or
to the garden. o'. Back door (posteiCmn ostiz.l) to  mosaics.  The common floors  were paved with




DOMUS.                                           DOMUS.                   4.1
pieces of bricks, tiles, stones, &c., forming a kind
of composition called suderatio.  (Vitruv. vii. 1.)  
Another kind of pavement was that called opus 
Signinum, which was a kind of plaster made of
tiles beaten to powder and tempered with mortar.         _                 __a
It derived its name from Signia, a town of Italy,
celebrated for its tiles. (Plin. iH. N. xxxv. 46.)
Sometimes pieces of marble were imbedded in a
composition ground, which appear to have formed
the floors called by Pliny barbarica or subtegulaneea,
and which probably gave the idea of mosaics. As
these floors were beaten down (pavita) with rammers (fistsscae), the word Pavinzentsu2n became the
general name for a floor.  The kind of pavement
called scalpturatumn  was first introduced in the
temple of Jupiter Capitolinus after the beginning of
the third Puanic war, but became quite common in
Rome before the beginning of the Cimbric war.                                                 _
(Id. xxxvi. 61.) Mosaics, called by Pliny lit/o-,1r0ta (ALOdorpCra), though this word has a more    Mosaic pavements, however, have  been dis.
covered at Pompeii, which represent figures and
scenes of actual life, and are in reality pictures in
mosaic. One of the most beautiful of these is
given in its original colours in Gell's Pomnpeiana,'2nd series, plate xlv.  It is composed of very fine
pieces of glass, and represents the choragus, or
master of the chorus, instructing the actors in their
parts. A still more extraordinary mosaic painting
was discovered in Pompeii in 1831; it is supposed
to represent the battle of Issus. (Museo Borbonico,
viii. t. 36-45.)
(2.) The inner walls (parities) of private rooms
extensive meaning, first came into use in Sulla's  were frequently lined with slabs of marble (Plin.
time, who made one in the temple of Fortune at H. N. xxxvi. 7), but were more usually covered by
Praeneste.  (Id. xxxvi. 64.)  Mosaic work was  paintings, which in the time of Augustus were
made upon the walls themselves.  The prevalence
of this practice is attested not only by Pliiny
\(H. N. xxxv. 37), but also by the circumstance that
_ _           /     - t>UwC~p aileven the small houses in Poumpeii have paintings
\ lli< *[~G%-a;>|~ /lupon theirwalls. The following woodcut, which
represents the side of a wall at Pompeii, is one of
the simplest but most common kind. The compart||/ j-9.2-r~~~~ A-XI     Hments are usually filled with figures.
i
~t..                    _.,,   _  _
afterwards called Musivum  opus. (Spartian. Pescen.
Nig. 6; Trebell. Pollio, Trigin. Tyrann. 24;    The general appearance of the walls may be
Augustin. De Civitate Dei, xvi. 8.) The floors of seen from the woodcuts given above.  Subjects of
the houses at Pompeii are frequently composed of all kinds were chosen for painting on the walls, as
mosaics, which are usually formed of black frets on  may be seen by a reference to the Museo Borbonico,
a white ground, or white ones on a black ground, Gell, Mazois, &c. (Compare Vitruv. vii. 5.)  The
though some of them  are in coloured marbles. colours seem usually to have been laid upon a dry
The materials of which they are generally formed  ground, but were sometimes placed upon it wet, as
are small pieces of red and white marble and red  in the modern fresco painting (colores udo ectol-io
tile, set in a very fine cement and laid upon a  inducere, Vitruv. vii. 3).  The walls also appear
deep bed of mortar, which served as a base.  The  to have been sometimes ornamented with raised
three examples here given, which are taken from  figures, or a species of bas relief (typos in tectorio
houses at Pompeii, will convey a general idea of atrioli includere, Cic. ad Att. i. 10), and sometheir form and appearance.                       timecs with mosaics.  (Plin. fi. Yr xxxvi. 64.)




432;-              DOMIUS.                                        DONARIA.
(3.) The ceilings seem origisnally to have been  laniiie, but no pieces had been discovered, says
left uncovered, the beams which supported the  Pliny, above five feet long.  (Plin. I-. N. xxxvi.
roof or the upper story being visible.  Afterwards  45.)  Windows made of this stone were called
planks were placed across these beams at certain  specusalia.  (Sen. Ep. 90; Plin. Ep. ii. 17
intervals, leaving hollow spaces, called lacunaria  Mart. viii. 14.)  Windows made of glass (vitrum)
or laquearia, which were frequently covered with  are first mentioned by Lactantitts (De Opif. Dei, 8),
gold, and ivory, and sometimes with paintings. but the discoveries at Pompeii prove that glass
(Hor. Carmz. ii. 18; Plin. H. N; xxxiii. 18; Sen. was used for windows under the early emperors, as
L.~p. 90; Suet. Net. 31.)  There was an arched  frames of glass and glass windows have been found
ceiling  il common use, called CAMARA, which is  in several of the houses.
described in a separate article.                   (5.) The rooms were heated in winter in dif(4.) The Roman  houses had  few  windows  ferent ways; but the Romans had no stoves like
(fenestrae). The principal apartments, the atrium, ours.  The cubicula, triclinia, and other rooms,
peristyle, &c., were lighted, as we have seen, which were intended for winter use, were built in
from  above, and the cubicula and other small that part of the house upon which the sun shone
rooms generally derived their light from them, and  most; and in the mild climate of Italy this fienot from windows looking into the street.  The  qnently enabled them  to dispense with any artirooms only on the upper story seem, to have been  ficial mode of warming the rooms.  Rooms exposed
usually lighted by windows.  (Juv. iii. 270.)  to the sun in this way were sometimes called helioVery few houses in Pompeii have windows on the  camini.  (Plin. Ep. ii. 17; Dig. 8. tit. 2. s. 17.)
ground-floor opening into the street, though there  The rooms were sometimes heated by hot air, which
is an exception to this in the house of the tragic  was introduced by means of pipes from a furnace
poet, which has six windows on the ground-floor. below (Plin. Ep. ii. 17; Sen. Ep. 90), but more
Even in this case, however, the windows are not frequently by portable furnaces or braziers (focuti),
near the ground as in a modern house, but are six- in which coal or charcoal was burnt.  (See'woodfeet six inches above the foot-pavement, which is cut, p. 190.)  The canzinus was also a kind of
raised one foot seven inches above the centre of the  stove, in which wood appears to have been usually
street.  The windows are smnall, being hardly three  burnt, and probably only differed from thefoczlus
feet by two; and at the side there is a wooden  in being larger and fixed to one place.  (Suet.
frame, in which the wildow or shutter might be  Vitell. 8; Hor. Sat. i. 5. 81.)  It has been a submoved backwards or forwards.  The lowerpart of ject of much  dispute  among  modern writers,
the wall is occupied by a row of red panels four whether the Romans had chimneys for carrying
feet and a half high.  The following woodcut re- off the smoke.  From  many passages in ancient.
presents part of the wall, with apertures for win- writers, it certainly appears that rooms usually had'.
dows above it, as it appears from the street.  The  no chimneys, but that the smoke escaped through
tiling upon the wall is modern, and is only. placed  the windows, doors, and openings in the roof
there to preserve it from the weather.           (Vitruv. vii. 3; Hor. 1. c.; Voss, ad Vi7g. Georg.
ii. 242); but chimneys do not appear to have been..-  r              a -?entirely unknown to the ancients, as some are said
to have been found in the ruins of ancient build.
_____               f2  ~    ings.  (Becker, Galls, vol. i. p. 102.)
q       nInoi T]-lLql'll'tt'""""~qcq!a'    ff-q~~~;~   (Winkelmann, Sctritjten iiber die Ilerlkulan7iscles;ol[3i  Lel _            -           T          Entdleckuegene; Hirt, Geschichte der Baukznst;
__L'I                       Mazois, Les Ruines de Pomnpei, part ii., Le Palais
-,r mri r-if  I:rl ti e Scauris s; Gell, Pomlpeianae; Pomlpeii, Loud.
12mo.  1832; Becker, CGallus; Schneider, ad
II L lDONAlYRIA  (&vaOsanTra or avamcemnlsEua), are
mi    names by which the ancients designated presents
-L    X'    sue, —  made to the gods, either by individuals or communities.  Sometimes they are also called dona or
The windows appear originally to have been iUoa.  The belief that the gods were pleased with
merely openings in the wall, closed by means of costly presents was as natural to the ancients as
shutters, which frequently had two leaves (bifores  the belief that they could be influenced in their
fenestrae, Ovid, 1Lont. iii. 3. 5), whence Ovid  conduct towards men by the offering of sacrifices;
(Anor. i. 5. 3) says,                            and, indeed, both sprang from the same feeling.
" Pars adaperta fait, pars alters clausa fenestrae."  Presents were mostly given as tokens of gratitude
for some favour which a god had bestowed on
They are for this reason said to be joined, when  man; but in many cases they were intended to
they are shut.  (Hor. Carme. ii. 25.)  Windows  induce the deity to grant some special favour.
were also sometimes covered by a kind of lattice  At Athens, every one of the six thesmothetae, or,
or trellis work (clatlhri), and sometimes.by net- according to Plato (Phaedr. p. 235, d), all the nine
work, to prevent serpents and other noxious rep- archons, on entering upon their office, had to take
tiles from  getting in.  (Planut.  ill. ii. 4. 25; an oath, that if they violated any of the laws, they
Varro, Re Rust. iii. 7.)                         would dedicate in the temple of Delphi a gilt
Afterwards, however, windows were made of a  statue of the size of the man who dedicated it
transparent stone, called lapis specularis (nmica), (a'vptdvTa Xpvuo0v os' ox-rplrJov, see Plut. Sol.
which was first found in. Hispania Citerior, and  25; Pollux viii. 85; Suidas, s. v. Xpvuo  Eicc&Sv;
afterwards in Cyprus, Cappadocia, Sicily, and  Heraclid. Pont. c. 1.)  In this last case the anaAfrica; but the best came from Spain and Cap-  thema was a kind of punishment, in which. the
padocia.  It was easily split into'the thinnest- statue was regarded as a substitute for the percssi




DONARIA.                                         DONARIA.                  433
forfeited to the gods. Almost all presents of this as anathemata for the gods.  (Aristoph. Equit.
kind were dedicated in temples, to which in some  792, and Schol.)  The Athenians always dediplaces an especial building wras added, in which  cated to Athena the tenth part of the spoil and
these treasures were preserved.  Such buildings  of confiscated goods; and to all the other gods colwere called  Vo'avepof (treasuries); and in the most lectively, the fiftieth part.  (Demosth. c. Timnocr.
frequented temples of Greece many states had their p. 738, &c.)  After a seafight, a ship, placed upon
separate treasuries.  (Biickh, Pieb. Econ. of Atlr. some eminence, was sometimes dedicated to Nepp. 441, &c. 2d edit.)  The act of dedication was tune.  (Thucyd. ii. 84; Herod. viii. 121.)  It is
called &haT'reOvat, donate, dedicate, or sackare.  not improbable that trophies which were always
The custom of making donations to the gods is erected on the field of battle, as well as the statues
found among the ancients from the earliest times  of the victors in Olympia and other places, were
of which we have any record, down to the intro-  originally intended as tokens of gratitude to the
duction of Christianity; and even after that period  god who was supposed to be the cause of the sucit was, with some modifications, observed by the  cess which the victorious party had gained.  Wye
Christians during the middle ages.  In the heroic  also find that on some occasions the tenth part of
ages of Grecian history the anathemata were of a  the profit of soine colnmercial undertaking was
simple description, and consisted of chaplets and  dedicated to a god in the shape of a work of art.
garlands of flowers.  A very c~mmon donation to  Respecting the large and beautiful crater dedicated
thile gods seems to have been that of locks of hair oy the S:mlianls to Hiera, sie the article CRATER.
(KJprVS darapXai), which youths and  maidens,   Individuals who had escaped from some danger
especially young brides, cut off from  their heads were no less anxious to show their gratitude to thle
and consecrated to some deity.  (Horn. n. xxiii. gods by anathemata than communities.  The in..
141; Aeschyl. Cltoeplh. 6; Eurip. Orest. 96 and stances which occur most frequently, are those of
1427, Baccrl. 493, Helen. 10,93; Plut. ThIes. 5; persons who had recovered from  an illness, espePaus. i. 37. ~ 2.)  This custom  in some places cially by spending one or more nights in a temple
lasted till a very late period: the maidens of Delos of Asclepius (incubatio).  The most celebrated
dedicated their hair before  their wedding  to temples of this divinity were those of Epidaurus,
Hlecaerge (Panus. i. 43. ~ 4), and those of Megara Cos, Tricca, and at a later period, that of Rome.
to Iphinoe.  Pausalnias (ii. 11. ~ 6) saw the statue (Plin. H. N. xxix. 1; compare F. A. Wolf, Verof Hygieia  at Titane, covered  all over with ~eisctet Sc/hriftelnd A.fb'iitve, p. 411, &c.)  Cures
locks of hair which had been dedicated by women. were also effected in the grotto of Pluto and
Costly garments. (7reirxo.) are likewise mentioned  Proserpina, in the neighbourhood of Nisa. (Strab.
among the earliest presents ande to the gods, ix. p. 437, xiv. p, 649,)  In all cases in which a
especially to Athena and Hera.  (Hom. II. vi. cure was effected  presents were made to the
293, 303.)  At Athens the sacred ord~rhos of temple, and little tablets (tabzlle rotivae) were
Athena, in which the great adventures of ancient suspended on its walls, containing an account of
heroes were worked, was woven by maidens every  the danger from which the patient had escaped,
fifth year, at the festival of the great Panathenaea. and of the manner in which he had been restored
[ARRErPHORIn.]  (Compare Aristoph. A4. 792; to health.  Some tablets of this kind, with their
Pollux. vii. 50; Wesselimg, ad Diod. Sic. ii. p. inscriptions, are still extaLt,  (Wolf, 1. c. p. 424,
440.)  A  similar peplas was woven every five &c.)  From some relics of ancient art we must
years at Olympia, by sixteen women, and dedi- infer, that in somne cases, when a particular part of
cated to Hera. (Pans. v. 16. ~ 2.)              the body was attacked by disease, the person, after
At the time when the fine arts flourished in  his recovery, dedicated an imitation of that part
Greece the anathemata were generally works of in gold or silver to the god to whom he owed his
art of exquisite workmanship, such as high tripods recovery.  Persons who had escaped from shipbearing vases, craters, cups, candelabras, pictures, wreck usually dedicated to Neptune the dress
statues, and various other things. The materials which they wore at the time of their danger (Itor.
of which they were made differed according to cir- Caroe. i. 5. 13; Virg. Aeoz. xii. 768); but if they
cumstances; some were of bronze, others of silver or had escaped naked, they dedicated some locks of
gold (Athen. vi. p. 231, &c.), and their number is their hair. (Lucian, de Mere. Cond. c. 1. vol. i. p.
to us almost inconceivable.  (Demosth. 0lyotl. iii. 652, ed. Reiz.)  Shipwrecked persons also susp. 35.)  The treasures of the temples of Delphi pended votive tablets in the temple of Neptune, on
and Olympia, in particular, surpass all conception. which their accident was described or painted.
Even Pausanias, at a period whean numberless  Individuals who gave up the profession or occupaworks of art must have perished in the various tion by which they had gained their livelihood,
ravages and plunders to which Greece had been  frequently dedicated in a temple the instruments
exposed, saw and described an astonishing number which they had  sed, as  grateful acknowledgment
of anatloemata. MMany works of art are stili ex- of the favour of the gods. The soldier thus deditant, bearing evidence by their inscriptians that cated his arms, the fishernman his net, the shepherd
they were dedicated to the gods as tokens of grati- his flute, the poet his lyre, cithara, or harp, &c.
tude. Every one knows of the magnificent presents    It would be impossible to attempt to enumerate
which Croesus made to the god of Delphi. (Herod. all the occasions on which individuals, as well as
i. 50, &c.)  It was an almost invariable custom, communities, showed their gratefulness towards
after the happy issue of a war, to dedicate the  the gods by anathemata.  Descriptions of the most
tenth part ofl the spoil (&c8po~ LOJ, QicpdArEoY, or remarkable  presents in the various temples of
7rpwsrAxeLoV) to the gods, generally in the form of Greece may be read in the works of Herodotus,
some work of art. (Herod. viii. 82, 121; Thucyd. Strabo, Pausanias, Athenaeus, and others.
i. 132; Panls. iii. 18. ~ 5;  Athen. vi. p. 231, &c.)    The custom of making presents to the gods was
Sometimes magnificent specimens of armour, such common to Greeks and Romans, but among the
as a fine sword, helmet, or shield, were set apart latter the donaria were neither as numerous nor




434               DONATIO.                                 DONATi() MORTIS CAUSA.
as magnificent as in Greece; and it was more fre-    It:wvas required by the legislation of Justinian;
quent among the Romans to show their gratitude  that a gift which was in value more than 500 sotowards a god, by building him a temple, by public  lidi, must, with the exception of some few cases,
prayers and thanksgivings  (supplicatio), or by  have the evidence of certain solemnities before
celebrating festive games in honour of him, than to  official persons (insinuatio).  If these formalities
adorn his sanctuary with beautiful and costly warks  were not observed,.the gift was invalid as to all
of art.  Hence the word donaria was used by the  the amount which exceeded the 500 solidi.  Some
Romans to designate a temple or an altar, as well few kinds of gifts, which exceeded 500 solidi, were
as statues and other things dedicated in a temple. excepted from the solemnities of insinuatio.
(Virg. Georg. iii. 533; Ovid, Fast. iii. 335.)  The    If then a gift was not perfected at once by deoccasions on which the Romans made donaria to  livery, or what was equivalent to delivery, the
their gods, are, on the Whole, the same as those we  donee might sue ex stipulatu, if there had been a
have described among the Greeks, ats will be seen  stipulatio; and if there had not, he might sue by
from  a comparison of the following passages:-  virtue of the simple agreement.  (Cod. 8. tit. 54,
Liv. x. 36, xxix. 36, xxxii. 30, xl. 40, 37; De Donationibus, s. 35. ~ 5.)  The right of action
Plin H. N. vii. 48; Suet. Claud. 25; Tacit. Ansn. which arises from the promise to give is, according
iii. 71; Plaut. Amphitr. iii. 2. 65, Curcul. i.. 61, to the Roman system, the real gift (Dig. 50. tit.
ii. 2. 10; Aurel. Viet. Cues. 35;'Gellius, ii. 10; 16. s. 49): the actual giving was the payment of
Lucan. ix. 515; Cic. Doe Nat. Deor. iii. 37; a debt.  Accordingly, if there was a promise of a
Tibull. ii. 5. 29; Horat. Epist. i. 1. 4; Stat. Silv.  gift between a man and a woman before their
iv. 92.                                [L. S.]    marriage, the payment during the marriage was a
DONA'TIO.  Donatio or gift is anl agreement valid act, because the promise was the gift, and
between two persons by which one gives withosut the payment was not the gift.  (Savigny, System,
remuneration and without any legal obligation  &c., iv. 11 9)  The heredes of a man might im(nullo jure cogente), and the other accepts some- pugn the validity of a donatio inofficiosa by a
thing that has a pecuniary value.  (Dig. 24. tit. 1. querela inofficiosae donationis: and the donor could
s. 5. ~ 8, 16; 39. tit. 5. s. 19. ~ 2, 29.)  It is revoke -his gift if the donee was guilty of gross
properly called an agreement, because it is not suffi- ingratitude towards him, as for instance, of offering
cient that there be a person to give: there must violence to his person.  (Cod. 8. tit. 56. s. 10.)
also be a person who consents to receive.  He who  But the donor's claim was only in personam, all
is incapacitated to dispose of his property or to  he could not recover the fruits which the donee
make a contract is consequently incapable of giving:  had enjoyed.  (Inst. 2. tit. 7. ~ 3; Savigny, Sysevery person who has a capacity to acquire, is t7ws, &c., vol. iv. ~ 142, &c., Schenkuzng;  Mackelcapable of receiving a gift.   The exceptions to  dey, Lehrbuch, &c., ~ 421., &c., 12th ed.; Ortolan,
these rules occurred in the case of persons who  Explication Historique des Instituts, vol. i. p. 472,
were in certain relations to one another, as pater  5th ed.)                             [G. L.]
and filiusfamilias; yet this exception itself is    DONAITIO MORTIS CAUSA. There were,
subject to exceptions in the matter of peculium. according to Julianus (Dig. 39. tit. 6. s. 2), three
It is essential to the notion of gift that the giver kinds of donatio mortis causa: -. When a man
gives in order that the property of the receiver under no apprehension of present danger,'but moved
may be increased by the gift.: there must be the  solelyby a consideration of mortality, makes a gift
animus donandi.  The object of gift may'be any  to another.  2. When a man, being in immediate
thing which accomplishes this end; for instance, danger, makes a gift to another in suc' manner
the release of a debt.  A  gift of the whole of a  that the thing immediately becomes the property of
person's property comprises no more ithan the pro-  the donee.  3. When a man, moved by the conperty after the donor's debts are deducted.  Such  sideration of danger, gives a thing in such manner
a gift is not a case of universal succession, and  that it shall become the property of the donee
consequently the donee is not immediately liable  only in case the giver dies.  Every person could
for the debts of the donor.  By the old Roman ilaw  receive such a gift who was capable of recei-ving a
a mere agreement (pactum) to give did notieonfer legacy.
a right of action on the intended donee,  In order    It appears, then, that there were several forms
that a gift should be valid, it was required to be  of gift called donatio mortis causa; but the third
either in the form of a stipulatio, or to be made  is the only proper one; for it was:a rule of law
complete at once by the delivery of the thing. that a donation of this kind was not perfected usnGifts also were limited in amount by the lex Cincia. less death followed, and it was revocable by the
The legislation of Justinian allowed a personal  donor.  A thing given absolutely could hardly be
action in cases of a mere pactum  donationis, where  a donatio mortis causa, for this donatio had a conthere had been neither delivery of the thing which  dition attached to it, namely, the death of the
was made a gift, nor stipulatio.  (Cod. 8. tit. 54. donor and the survivorship of the donee.  (Coms. 25, 29; 35. ~ 5; Inst. 2. tit. 7. ~ 2.)  Thus, pare Dig. 39. tit. 6. s. 1 and 35.)  Accordingly, a
the promise to give was put on the footing of a  donatio mortis causa has been defined to be "a
consensual contract, when the promise related to a  gift whichl  a man makes with reference to the
gift of less than 500 solidi: when the gift Was  event of his death, and so makes that the right of
above 500 solidi, a certain form was required, as  the donee either commences with the death of the
will  presently be explained, and the form was re-  donor or is in suspense until the death."  It required whether the gift wva  perfected at once by  sembles in some respects a proper donatio or gift:
traditio, -or was only a promise to give,         in others, it resembles a legacy.  It was necessary
If a man gave something to another for the  that the donatio should be accepted by the donee,
benefit of a third person, the third person could sue  and consequently there must be traditio or delivery,
hisii to whom the: thing was given.  (Cod. 8. tit. or a proffer or offer, which is assented to.  Yet
bs.b  3.)   --      --                            the donatio might be maintained as a fideicom-:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~




DONATIO PROPTER NUPTIAS.,                                    DONATIVUM.                   435
missum  in the absence of these conditions.  No  power of disposition over the property included in
person could make a donatio mortis causa, who  the donatie.
could not make a testament.  The death of the    The opinions of modern jurists are much divided
donee before the death of the donor was ipso jure  as to the notions, purpose, and law of the donatio
a revocation of the donatio.  It would appear as if propter nuptias.  The term donatio propter nuptias
the law  about such donations was not free from  is used, by Bracton (ii. c. 39); and the law, as
difficulty. They were finally assimilated to legacies  there stated, is apparently formed upon a Roman
by Justinian, though this lead been done in some  original.
particulars before his time.  Still they differed in    (Cod. 5. tit. 3; Nov. 22. c. 20; 97. c. 1, 2; 98.
some respects from legacies; for instance, such a  c. 1, 2; Mackeldey, Lehlrbu~cl, &c. ~ 528, 12th
donation could take effect though there was no  ed.; Thibaut, System, &c. ~ 742, 9th ed.; Ortoperson to take the hereditas. A  filius familias  lan, Explicatioz Historique des Instituts, &c., vol. i.
might with his father's consent make a donatio  p. 479.)                                  [G. L.]
mortis causa of his PeculiLmn Profectitium.           DONATIO'NES   INTER   VIRUM    ET
The English law of donationes mortis causa is  UXO'REM.  During marriage neither husband
first stated by Bracton (ii. c. 26) in the very words  nor wife could, as a general rule, make a gift of
of the Digest (39. tit. 6. s. 2, &c,); and the pre- anything to one another.  The.reason for this rule
sent law is expounded by Lord Hardwicke (Ward  was said to be the preservation of the marriage
v:. Turner, 2 Vez. 431); but what he there states  relation in its purity, as anil agreement subsisting by
to be the English law  is not exactly the law  affection, and not maintained by purchase or by
as stated in Bracton.. The rules of donationes  gift from one party to the other.. Donationes of
mortis causa in Enzglish law are now pretty well this kind were, however, valid when there were
fixed by various recent decisions.  Tradition or certain considerations, as mortis causa, divortii
delivery is considered one essential of such a gift, cause, servi manumittendi gratia.  By certain imand the death of the donor in the life: of the donee  perial constitutions, a woman could make gifts to
is another essential.  The gift is not an absolute  her husband in order to, qualify him  for certain
gift, but a gift made in contemplation of death, honours.  This was a gift "ad processus viri"
and it is revocable.  (Dig. 39. tit. 6; C od. 8. tit.  (Dig. 24. tit. 1. s. 41; Juv. Sat. i. 39; and the
57; Inst.. 2. tit. 7; Savigny. S5ystezm, &c. iv. 276; note of Heinrich).  The wife had the means of
Zeitscrio/filUr G'esc/. Recdztswssse.sccliaft,xii. p. 400, doing this, because when there was no conventio
Ueber L. Seiat 42. pr.; D.e moen. ca. don.; Thibaut, in manum  (Gains, iiL 98), a wife retained all her
System, &c. ~ 495, &c. 9th ed.)        [G. L.]    rights of property wvhich she did not surrender on
DONA'TIO  PROPTER  NU'PTIAS.  The  her marriage [Dos], and she might during the
meaning of this term  is explained in the Institu-  marriage hold property quite distinct from  her
tiones (2. tit. 7, ~ 3).  It was originally called  husband.  It was a consequence of this rule as to
Donatio. ante nuptias, because it could not take  gifts between husband and wife, that every legal
place after the marriage; but when it was made  form by which the gift was affected to be transferred,
legal to increase the donatio after marriage, and  as mancipatio, cessio, anld traditio, conveyed: no
even to constitute it altogether after marriage, the  ownership; stipulationes were not binding,. and
more comprehensive term  dona.tio propte- nlptias  acceptilationes were no release. A difficulty might
was used.  If a dos had, been given by the wife, remaina  as to. usucapion; but the. law provid'ed for
or on the part of the wi;fe. and the husband by  this also.  If a woman received from a. third perthe terms of the contract- was entitled to it, or to  son the property of her husband, and; neither the
a part of it in case of the vwi.fe's death, it was neces- third person nor she nor her husband. knew that
sary that the husband, or sinme person on the part it was the. husband's. property, she- might: acquire
of the husband, should give or secure something to  the ownership by usucapion.  If- both the giver
the wife which she should have in the event of and the husband knew  at the time of the gift
the husband's death:, this was a donatio propter  that it was the husband's - opertyv,,and. the wife
nuptias.  Justinian's legislation required that the  did not know, it mihbt alo. beeome- her property
donatie must be ecqual to what was secured to the  by usucapion; but notkif she knew, for in that case
husband in case of the wife's death, and that it the bona fides whibvias essential to the commencemust be increased if the dos was increased during  ment of possession i was wanting.  If,. before the
the marriage.  The husband had the management ownership was acqtire,hby usu.capion, the husband
of the property given as doenatio.  Such part of it and wife discovered tht it- was the hsband's,
as consisted of things immoveable he could not though the husband did not. choose to claim  it,
alienate or pledge even with the consent of his  there was no usucapion  for this would have been
wife, unless she ratified her consent after two years, a mere evasion of the law.. If, before the.ownerIf the husband became impoverished during the  ship was acquired by ususcapiop, the, wife. alone
marriage, the wife was entitled to the profits of discovered that it was the husband's property, this
the douatio for her support; and it was not liable  would not destroy her right to, acquire the prow
to the demands of the creditors.  If the marriage  perty by usucapion.  This, at least, is Savigfiy's,was dissolved by the death of the wife, the bus- ingenious explanation of the passage in Digest
band was entitled to the donatio; unless some  24. tit. 1. s. 44.  The strictness of the. law as to
third person, who had made the donatio, was en- these donations was relaxed in the, tine,of $eptinuius
titled to have it by the terms of the agreement.  Severus, and they were made valid if the donor
If the husband died, the event had happened with  died first, and did not revoke his gift before death.
reference to which the donatio. was made; the wife  There were also some exceptions as So the general
had the ususfructus of the donatio, and- the pro, rule,  (Dig. 24. tit. 1; Cod. 5, tit. 16 i Savigny,
perty of it belonged to the children of the marriage  Zeiesolrift, &c. i. p. 270; Mac].eldey, ~4rut)ch,
if there were any: if there were no children, the  &c,. ~ a31, 12th ed.)                  [G. L.
wife obtained by the death of the husband full    DONATI'VUM.  [GCoNowIAaIuM.'
F   l''




436                  DOS.                                                DOS.
DORMITO'RIA.  [DoMus.]                          females.  The regulations of Solon were, accordDORODO'KIAS    GRAPHE    (wcepoaocias  ing to Plutarch, somewhat similar in respect of,ypaop1).  [DECASMUS.]                             dower to the old regulations at Sparta: for the
DORON  (8&pos), a palm  or hand-breadth.  Athenian legislator, as he tells us, did not allow a
[PEs.]                                            woman, unless she were an lErbcXlqpos, to have
DORON  GRAPHE  (pcopwv ypacp).  [DE- any cEpy4/ or dower, except a few clothes and
CAsMUs.]                                           articles of household furniture.  It is plain, howDOROXE'NIAS    GRAPHE    (awpo~Evias  ever, that such an interference with private rights
ypa41).  [XENIAS  GRAPHE.]                         could not be permanent; and, accordingly, we find
DO'RPIA (Udpmrsa).  [APATURIA.]                 that in after times the dowers of women formed,
DORPON  (lp7erov).  [COENA, p. 303, b.]         according to the account in Blckh (Pad. Ecoz. of
DORU (&lpv).  [[HASTrA.]                        Athelns, p. 514, 2nd ed.), a considerable part of
DORY'PHORI (bop')4dpol). [MERCENARII.]  the moveable property of the state: "even with
DOS (7rpo'l~, dep,'vi), dowry. 1. GREEK.  Eu-  poor people they varied in amount from  ten to a
ripides (Med. 236) makes Medeia complain that, hundred and twenty minae.  The daughter of
independent of other misfortunes to which women  Hipponicus'received ten talents at her marriage,
were subject, they were obliged to buy their hus- and ten others were promised her."  This, howbands by great sums of money (Xpn/1dvswJV 57rep-  ever, was a very large portion, for Demosthenes
XpA7).  On this the Scholiast remarks,  that the  (c. Steph. p. 1112. 19, and p. 1124. 2) informs us
poet wrote as if Medeia had been his contem- that even five talents was more than was usually
porary, and not a character of the heroic ages, in  given; and Lucian (Dial. l'eret. 7. p. 298, ed.
which it was customary for the husband to pur-  Reitz) also speaks of the same sum  as a large
chase his wife from her relations, by gifts called  dowry. The daughters of Aristeides received from;ema or e8a'va.  The same practice prevailed in  the state, as a portion, only thirty minae each.
the East during the patriarchal ages (Ge:nes. xxxiv.  (Plut. Arist. 27; Aesch. c. Ctes. p. 90.)  We may
2), and Tacitus (Germ. c. 18) says of the ancient  observe too, that one of the chief distinctions beGermans, " Dotemn non uxor marito, sed uxori  tween a wife and a irahalcA1, consisted in the
maritus offert."  The custom of the heroic times  former having a portion, whereas the latter had
is illustrated by many passages in Homer.  Thus  not; hence, persons who married wives without
we read of the &7repeLota, and lwvpIa Eo`va, or many  portions appear to have given theen or their guar.
gifts by which wives were purchased.  (II. xvi.  dianes an  ouoXoyia  7rpotfKo" (Isaeus,   De Py/r.
178, 190.)  In another place (I1. xi. 243) we are  Hered. p. 41), or acknowledgment in writinig by
told of a hundred oxen, and a thousand sheep and  which the receipt of a portion was admitted.
goats, having been given by a Thracian hero to  [CONCUBINA.]   Moreover, poor heiresses (T&'y
his maternal grandfather, whose daughter he was  e7rhcA7pw,   ioat ns ta KbY. EoT   TEOVXY) were either
about to marry.  Moreover, the poetical epithet, married or portioned by their next of kin [Ana(.Peo'lfoat (Heyne, ad MI. xviii. 593), applied  cHON], according  to a  law  which  fixed the
to females, is supposed to have had its origin in  amount of portion to be given at five minae by a
the presents of this sort, which wwere made to a  Pentacosiomedimnues, three by a Horseman, and
woman's relatives on her marriage. These nuptial one and a half by a Zeugites.  (Dem. c. Macar.
gifts, however, or equivalents for tihem were re- p. 1068.)  In illustration of this law, and the
turned to the husband in the.event of the commis-  amount of portion, the  reader is referred to
sion of adultery by the wife, and perhaps in other  Terence, who says (Plaorsm. ii. 1 75),
cases. (Od. viii. 318.),
We must not infer from the above facts that it      Lex est ut orbae, qui sint genere proximi
was not usual in those times for relations to give
a portion with a woman when she ma'ried.  On  and again (ii. 2. 62),
the contrary, mention is made (je. ix. 147) of 
the  cotra ory marriage gifts mwich   en  give 1 ith of   Itidem ut cognata si sit, id quod lex jubet,
their daughters (Er'VcmKav), and we are told by    Dotem dare, abduce hbnc: minas quinque accipe."
Aeschines (Iespl rlapatpEo. 33), of one of the sons    It remains to state some of the conditions and
of Theseus having received a territory near Am-~ obligations attached to the receipt of a portion, or
phipolis as a pepyv  or dower with his wife. More-  7rpo'S, in the time of the Athenian orators.  The
over, both Andromache and Penelope are spoken  most important of these was the obligation under
of as  AoXoL w7roX6i6wpoi (LI. vi. 394, Od. xxiv.  which the husband lay to give a security for it,
294), or wives who brought to their husbands  either by way of settlement on the wife, or as a
many gifts, which probably would have been re- provision for repayment in  case circumstances
turned to their relations, in case of a capricious slould arise to require it.  With regard to this,
dismissal.  (Od. ii. 132.)                        we are told that whenever relatives or guardianls
The Doric term  for a portion was 8cwr,7n, and gave a woman a portion on her marriage, they
Mi!ler (Dore. iii. 10) observes, that we know for took from the husband, by way of security, somecertainty that daughters in Sparta had originally thing equivalent to it, as a house or piece of land.
no dower, but were married with a gift of clothes!The person who gave this equivalent (rb a7roonly; afterwards they were at least provided with?Ti/.La) was said &arotlpiav: the person who remoney, and other personal property (Plllt. Lys. ceived it aroTrilasOacu.  (Harpocrat. s. v.;Dem.
30): but in the time of Aristotle (Polit. ii. 6. c. Onet. p. 866.)  The word &7rOT5'i/ea is also used
~ 10), so great were the dowers given (&& rb generally for a security.  (Pollux, viii. 142.)  The
7rpotcas &idva e peycdas), and so large the number necessity for this security will appear from  the
of 7ri'cKApoi, or female representatives of families fact that the portion was not considered the pro(o1o0), that nearly two fifths of the whole terri- perty of the husband himself, but rather of his
tory of Sparta had come into the possession of wife and children.  Thus, if a husband died, and




DOS.                                              DOS.                  437
the wife left the family (a7rhlr7re Trb o cov), she  adventitia, and was that which was given by some
might claim her portion, even though children had  other person than the father or father's father, on
been born (Dem. Boeot. de Dot. p. 1010); and in  the consideration of marriage, but on the condition
the event of a wife dying without issue, her por-  that it should be restored on the death of the wife.
tion reverted to the relatives who had given her in  The giving of the dos depended on the will of the
marriage (orl ItpLoL) and portioned her. (Isaeus, giver; but certain persons, such as a father and
De Ciron. Hered. p. 69, De Pyr. flered. p. 41.)  father's father, were bound to give a dos with a
The portion was also returned, if a husband put woman when she married, and in proportion to
away his wife, and in some cases, probably settled  their means.  The dos might be either given at
by law, when a woman left her husband. (De  the time of the marriage, or there might be an
PyrH. Ilered. p. 45.)  That after the death of agreement to give.  The technical words applithe wife, her portion belonged to her children, cable to the dos were dare, dicere, pronzittere.
if she had left any, may be inferred from  De- Any person, who was competent to dispose of his
mosthenes (c. Boeot. de Dot. pp. 1023, 1026); property, was competent dare, promittere.  The
if they were minors, the interest was set apart word dicere was applied to the woman who was
for their education and maintenance.  When the  going to marry, who could promise her property as
husband died before the wife, and she remained  dos, but the promise was not binding unless certain
in the family (teEvovcr?sv' ry- oircy), the law ap- legal forms were observed (non deberi viro dotern,
pears to have given her portion to her sons, if of quan nuEllo auctore dixisset, Cic. Pro Caecin. c. 25,
age, subject, however, to an allowance for her compare Pro Flacco, c. 34, 35, and UTlp. Frag. xi.
-maintenance.  (Id. c. P/tiaen. p. 1047.)  If the  20). An example of a promissio dotis occurs in
representatives of the deceased husband (ol T'bv  Plautus (Trinuzi. v. 2). The husband had a right
IcAi;pov, eXoV'ES) wrongfully withheld her portion  to the sole management of the dos, and to the
from his widow, her guardians could bring an ac- fruits of it; in fact, he exercised over it all the
tion against them for it, as well as for alimony  rights of ownership, with the exception hereafter
(8/incl rpodKbS Kal ofrrov). (Isaeus, De Pyr. Hered. mentioned.  He could dispose of such parts of the
p. 45; Hudtwalcker, Diacet. note 84.)  More-  dos as consisted of things movable; but the Julia
over, if a husband after dismissing his wife re- lex (de adulteriis) prevented him from alienating
fused to return her portion, lie might be sued for such part of the dos as was land (fsuedus dotalis,
interest upon it as well as the principal: the  dotaliae praedia, Cic. ad Att. xv. 20; dotales
former would, of course, be reckoned from  the  agri, Hor. Ep. i. 1. 21) without his wife's conday of dismissal, and the rate was fixed by law at sent, or pledging it with her consent.  (Gaius, ii.
nine oboli for every mnina, or about 18 per cent. 63; Inst. ii. 8.)  The legislation of Justinian preThe guardians were further authorised by the  vented him from selling it also even with the wife's
same law to bring an action for alimony in the  consent, and it extended the law to provincial lands.,Qie8os,. (Dem. c. Neaer. p. 1362.)  We may  Still there were some cases in which the land given
add that a /KeqV 7rpolKbS, was one of the /C'renvoy  as dos could be alienated.
Ii[ca or suits that might be tried every month.    The husband's right to the dos ceased with the
(Pollux, viii. 63, 101.)            [R. W.]    marriage.  If the marriage was dissolved by the
2. ROMAN. Dos (res uxorti) is every thing  death of the wife, her father or father's father (as
which on the occasion of a woman's marriage  the case might be) was intitled to recover the dos
was transferred by her, or by another person, profectitia, unless it had been agreed that in such
to the husband, or to the husband's father (if case the dos should belong to the husband.  The
the husband was in his father's power), for the  dos adventitia became the property of the wife's
purpose of enabling the husband to sustain the  heirs (Cod. 5. tit. 13. ~ 6), unless the person who
charges of the marriage state (onera maitrimonii). gave it had stipulated that it should be returned.All the property of the wife which was not made  to him  (dos receptitia): as to the older law, see
dos, or was not a donatio propter nuptias, con- Ulpian, Frsay. vi. 5.
tinned to be her own, and was comprised under    In the case of divorce, the woman, if she was
the name of Parapkherna. The dos upon its delivery  sui juris, could bring an action for the restitution of
became the husband's property, and continued to  the dos; if she was in the power of her father, he
be his so long as the marriage relation existed. brought the action jointly with his daughter.
All things that could be objects of property, and  The dos could be claimed immediately upon the
in fact anything by which the substance of the  dissolution of the marriage, except it consisted of
husband could be increased, might be the objects  things quae numero, &c., for which time was
of dos.  All a woman's property might be made a  allowed.  (Ulp. Fray. vi. 8: but compare Cod.
dos; but the whole property was only what re-  7. tit. 13. ~ 7.)  [DIvoRTIUMs.]
mained after deducting the debts.  There was no    The dos could not be restored during the maruniversal succession in such a case, and consequently  riage, but in the case of the husband's insolvency,
the husband was not personally answerable for the  the wife could demand back her dos during the
wife's debts.  Any person who had a legal power marriage.  In certain cases, also, the husband was
to dispose of his property could give the dos; but permitted to restore the dos during the marriage,
the dos was divided into two kinds, dos profectitia  and such restoration was a good legal acquittance
and dos adventitia, a division which had reference  to him: these excepted cases were either cases of
to the demand of the dos after the purposes were  necessity, as the payment of the wife's debts, or
satisfied for which it was given.  That dos is pro- the sustentation of near kinsfolks. (Zeitsclrtif, &c.
fectitia which was given by the father or father's  v. p. 311, essay by I-Iasse.)
father of the bride; and it is profectitia, even if    What should be returned as dos, depended on
the daughter was emancipated, provided the father the fact of what was given as dos.  If the things
gave it as such (at parens).  All other dos is ad- given were ready money (dos numerata, Cic. Pro
ventitia.  The dos receptitia was a species of dos  Caecinzce, c. 4), or things estimated by quantity, &c.,
F F 3




438              DRACHMA.                                            DRACHIMA.
the husband must return the like sum or the like  as one of the subdivisions of the talent, of which
quantity.  If the things, whether movable or im-  it was the 6000th part.  [TALENTUM.]   The
movable, were valued when they were given to the  original meaning of the word is a handful.  The
husband (dos aestizmata), this was a species of sale,  two chief standards in the currencies of the Greek
and at the end of the marriage the husband must  states were the Attic and Aeginetan.  We shall
restore the things or their value.  If the things  therefore first speak of the Attic drachma, and
weere not valued, he must restore the specific things,  afterwards of the Aeginetan.
anld he must make good all loss or deterioration     The average weight of the Attic drachma from
which had happened to them except by accident.  the time of Solon to that of Alexander was 66'5
But the husband was intitled to be reimbursed for  grains.  It contained about — ath of the weight
all necessary expences (in,:esnsae szecessariae); as, alloy; and hence there remain 65-4 grains to be
for instance, necessary repairs of houses incurred  valued. Each of our shillings contains 80'7 grains
by hinm in respect of Ihis wife's property, and also  of pure silver.  The drachma is therefore worth
tfr all outlays by which he had improved the pro-  654                     72 pence, which may be
P,I (icopeesee utils).                     -     of a shilling, or 9 72 pence, which may be
perty (inmpensae utiles).80 7 o
The husband's heirs, if he were dead, were  called 9"d. (Hussey, Ancient TyeMglds and Money,
bould to restore the dos. The wife's father, or the  pp. 47, 48.)  After Alexand r's time, there was a
surviving wife, might demand it by an actio ex  slight decrease in the weight of the drachma; till
stiuvllatu  de dote roddendan,'iblAb was an actioin course of time it only weighed 63 grains.  The
j;trictl juris, if there was any agreement on the  drachma contained six obols (oeor);  and the,ssisjct;   and by an oct1o  ree uxoriae  or dotis, Athenians had separate silver coins, from  four
which  was ais aA thir doae fidei, when  there was  drachmae to a quarter of an obol.  Among those
ilo agreement.    A third person who had given the   now  preserved, the  tetradachi  is commonly
dos must always demand it ex stipulatu, when he  f          p e   w
had  bargained    for its restoration.   Just*ia*  found; but we possess no specimens of the trihad  bargained  for its restoration.   Justini      an       d only a fee of the didrachm.  Specienacted, that the action should always be ex  ens of the tetrobolus, triobolus,  diobolus, threestipulstu, even when there was no contract, and  qu rter-obol, half-obol, and quarter-obol, are still
should be an actio bonae fidei.                   found.  For the respective values of these coils,
The wife had no security for hex dos, except see the Tables.
in the case of the fundus dotalis, urtless she had    The tetradrachm in later times was called stater
bly contraet a special security; but she had some  (Phot. s. v. ZTaTIp. Hesych..s.. rFauOseS Aauprivileges as compared with the husband's cre- pwirLca-i     Matth.  xxvii. 27); but it has been
ditors.  Jlustinilan  enacted that oln the dissol~u-  doubted whetheor it bore that name in the flourishtion of the marriage, the -wife's ownership should  ing times of the republic.  (Husscy, Ibid. p. 49.)
resive, with all the legal remedies for recover-  We know  that states  in writers of that age
inl  such parts of the dos as still existed; that  us-tally signifies a gold coin;, elqal in value to
all the:husband's property should be considered  twenty drachmae   [STATiR]  butt there appear
legally pledged (tacita yljpootheca)  as a security
legally pledged  (toa/ta dyotleca) its a security  strong reasons for believing that the tetradrachm,
for the dos; and that lthe wife, but she alone, even in the age of Thucydides and Xenophon, was
should hlave a priority of claim on such property  sometimes called by this lame.  (Thuc d. iii. 70,
over all other creditors to whom  the same might  with Ariold-s iote  Xe      ell.. 2  ~ 22.)  The
be pledged.                                       obolos, in later times, wras of b onze  (Lucian,
The dos was a matter of great importance in  Contesnpl. 11. vol. i. p. 504, ed. Reiz)  but ill the
Romani law, both because it was an ingredient in  best times of Athens we only redl of silver obols.
almost every marTiage, aan d was sometimes of a  The xaxicous was a copper coinl and the eighth
large amount.   The ifrequency of divorces also  partofanobol.  [CIatcus..
gave rise to many legal questions as to dos.  A
woman whose dos was large,(dolata uxor) had
some influence over her husband,-inasmuch as she
had the power of divorcing herslf, and thus of
depriving him of the enjoyment of her property.
The allusions to the dos and its restitution are
numerous in the Roman writers.  (Cic. ad Att.
xiv. 13.)
It is a disputed point whether there could be
dos, properly so called, in the case of a marriage
with conventio in manum.   [MATRIMONIUM.]            ATHENIAN DRLACHMA.  BRITISH MlUSEUMl,
(Hasse, Rhein. Mus. ii. 75.)                                        ACTUUAL SIZE.
The name by which the Greek writers designate
the Roman dos is qEpEiV  (Plutarch, Caesar, c. 1,    The Aeginetan standard appears to have been
Mlarius, c. 38, Cicero, c. 8).                    used in Greece in very early times.  According to
(Ulp. Frag. vi.; Dig. 23. tit. 3; Cod. 5. tit. 12; most ancient writers, money was first coined at
Thibaut, System, &c,, ~ 728 &c., 9th ed,, ~ 747, Aegina by order of Pheidon of Argos; and the
&c.; Mackeldey, Lehl4rbch, &c., ~ 517, &c., 12th  Aeginetan standard was used in almost all the
ed.)                                  [G. L.]    states of the Peloponnesur, in Boeotia and in some
DOULOS (aoiXos).  [SEarJvt.]                    other parts of northern Greece, though the Attic
DRACHMA  (apaXji4),  the principal silver  standard prevailed most in the maritime and comcoin among the Greeks.  Like all other denomi-  mercial states.
nations of money, the word 8paxIz? (sometimes    The average weight of the Aeginetan drachlma,
written.pay/{) no doubt signified originally a  calculated by Mr. Hussey (pp. 59, 60) from  the
weight; and it continued to be used in this sense, coins of Aegina and Boeotia, was 96 grains.  It




DUODECIM TABULARUM LEX.                                       ECCLESIA.                 439
contain3 about A1 nd part of the weight alloy.    DUPLA'RII or DUPLICA'RII, were solHlence its value is 93 grains of pure silver, or, as  diers who received on account of their good
93  of a shilling   that is Is. Id. 3-2  conduct double allowance (duplicia cibScain), and
efore, 80.7 of a shiling;  that is, is. Id. 32  perhaps in some cases double pay likewise. (Varro,
farthings. The largest coin of the Aeginetan stan- De Ling. Lat. v. 90, Miiller; Liv. ii. 59, xxiv. 47;
dard appears to have been the didrachmna, and the  Orelli, lnscrip. No. 3535.)  They are frequently
values of the different coins of this standard will mentioned  in inscriptions  (Orelli, Nos. 3533,
be found in the Tables.                          4994), but more commonly under the name of
The proportion of the Ae inetan drachma to the  duplarii.  (Orelli, Nos. 3531, 3535, 3476, 3481,
Attic, according to the value given above, is as 93 &c.) In one iscription the form duplicarius octo 65'4, or as 4-18 to 3 nearly.  According to  curs. (Orelli, No. 3534.)  Vegetius (ii. 7) calls
Pollux, however, the proportion was 5 to 3; for he  them dcuplares  milites.
states (ix. 76, 86) that the Aeginetan drachma    DUPLICA/TIO.  [ACTIo.]
was equal to 10 Attic obols, and that the Aegine-    DUPONDIUS.  [As, p. 141, a; PEs.J
tan talent contained 10,000 Attic drachmae.  For    DUSSIS.  [As. p. 141, a.]
a full discussion of this question, which is one of    DUU'MVIRI, or the two men, the name of
the most interesting in ancient numismatics, and  various magistrates and functionaries at Rome, and
of the respective values of the other standards        coloniaeand municipia.  I inscriptions  e
which were used by the Greeks, see NUMmuS  also meet with the form duomvsires (Orelli, lnscrip.
and TALENTUV.                                    NO. 3808), and duovir (Orelli, No. 3886).
1. DuusVIRI JuRi DICUNDO, the highest
magistrates in the municipal towns.  [COLONIA,
p. 3.18,)
IiW           i       t  / ~uR\2. )UUsvsIRI NAVALES, extraordinary magistrates, who were created, whenever occasion ret ij]I~i ~ II  < }       7quired, for the purpose of equipping and repairing
the fleet.  They appear to have been originally
appointed by the consuls and dictators, but were
first elected by the people, B. c. 311. (Liv. ix. 30,
xl. 18, 26, xli. 1.)
AEGINETAN DRACHMA. BRITISH MUSEUM.               3. Du1JeVsi i PERDUEa LIONIS.  [PERDUELACTUAL SIZE.                    LIO.]
4. DurWUMVIRI QIINQUENNALES, the censors
As the Romans reckoned in sesterces, so the  in the municipal towns, who must not be conGreeks generally reckoned by drachmae; and  founded with the duumviri juri dicundo.  [Co.
when a sum is mentioned in the Attic writers, LONIA, p. 318.]
without any specification of the unit, drachmae are    5. DuuMVIeI SACRI, extraordinary magistrates,
usually meant.  (BJckh, Pol. Econ. of'Athens, i. like the du]2nvili Navales, appointed for the purp. 25.)                                          pose of building or dedicating a temple. (Liv. vii.
DRACO.  [SIGNA MILITARIA.]                     28, xxii. 33, xxxv. 41.)
DUCENA'RII, the name of various officers    6. DLUVIRI SACRORUa, originally had the
and magistrates, in the imperial period, of whom  charge of the Sibylline books.  Their duties were
the principal were as follow:                    afterwards discharged  by the decenmviri sacris
1. The imperial procuratores, who received a.fsciundis.  [ID,ECEMVIRI, No. 3.]
salary of 200 sestertia.  Dion Cassius (liii. 15)  7. DuuWIsvIiI VIIS EXTRA URBEM PURGANsays that the procuratores first received s salary  DIS, were officers under the aediles, who had the
in the time of Augustus, and that they derived  charge of the streets of the suburbs of Rome, outtheir title from the amount of their salary.  We  side the city gates.  (Tabul. Heracl. i. 50, ed.
thus read of centenarii, &c., as well as of duce- Gdttling.)  Their office appears to have been
narii. (See Capitolin. Pertinz. 2; Orelli, Inscrip. abolished by Augustus, and their duties devolved
No. 946.)  Claudius granted to the procuratores  upon the Quattssorviri. (Comp. Dion Cass. liv. 26;
ducenarii the consular ornaments. (Suet. Claud. Pompon. De Orig. Jutr. ~ 30; Becker, Ri'nisclh,
24.)                                            Altecrt. vol. ii. part ii. p. 366.)
2. A class or decuria of jLdices, first established    DUX.  [PROVINCIA.]
by Augustus.  They were so called because their
property, as valued in the censu.s, only amounted
to 200 sestertia, and they tried causes of small                       E.
importance. (Suet. Aug. 32.)
3. Officers who commanded two centuries, and    ECCLE'SIA (i.Xqs7eia), the general asseublly
who held the sanme rank as the primi hastati in  of the citizens at Athens, in which they met to
the ancient legion. (Veget. ii. 8; Orelli, Inscrip. discuss and determine upon matters of public inNo.: 3444.)                                     terest.  These assemblies were either ordinary,
4. The imperial household troops, who were  and held four times in each prytany, or extraunder the authority of the macgister officioruzm.  ordicarey, that is, specially convened, upon any sudThey are frequently mentioned among the agentes den emergency, and therefore called ou'yucAWor.
ix raebus, or ushers. (Cod. 1. tit. 31-; 12. tit. 20.)   On occasions of extreme importance, when it was
DUCENTE'SIMA.  [CENTESIMA.]  desirable for as many persons as possible to be pre.DUELLA..  [UNCIA.]                             sent at the discussion of any question, the people
DULCIA'RII.  [PISTOR.]                         were summoned by express from the country to
DUODECIM  SCRIPTA.  [LATRUNCULI.]  the city, and then the assembly was called a
DUODECIM  TABULLARUM  LEX. [Lrx.]  c arauCmoh7La, -the proper meaning of KaqraicaNeU'
F F 4




440               ECCLESIA.                                          ECCLESIA.
being to call from the country into the city.  The  Athenian people, just as " John Buli " is of the
ordinary assemblies were called vdciljoL or iKcpta,  English, calls that character Aibaos rIvKl'VIrS, or
according to the Scholiast on Aristophanes (Achar.  Demus of the (parish of) Pnyx: a joke by which
19), who, moreover, informs us that there were  that place is represented as the home of the
three such in every nzonth.  But according to the  Athenians.  The situation of it was to the west
best-informed grammarians who followed Aristotle, of the Areiopagus, on a slope connected with
the name Kvpia was appropriated to the first only  Mount Lycabettus, and partly at least within the
of the regular assemblies of each prytany.  Such, walls of the city.  It was semicircular in fornm,
at least, is the account given by Pollux (viii. 96)  with a boundary wall, part rock and part masonry,
and Harpocration, the former of whom asserts that and an area of about 12,000 square yards. On the
the third of the regular assemblies in each prytany  north the ground was filled up and paved with
was partly devoted to the reception of ambassadors  large stones, so as to get a level surface on the
from foreign states.                              slope; from which fact some grammarians derive
Aristophanes, however, in the Acharnians (61), its name (wrapa T-v T', XAi'0ev 7ruKvP'T-rTa).  Torepresents ambassadors who had just returned  wards this side, and close to the wall, was the
from  Persia and Thrace, as giving an account of bemza (3/ra), a stone platform  or hustings ten or
their embassy in a ivpia sK'Kt lXa, which, ac-  eleven feet high, with an ascent of steps; it was
cording to Pollux, would be not the third but the  cut out of the solid rock, whence it is sometimes
first of the regular assemblies.  With a view of called 6 A'Ios, as in Aristophanes (Pax, 680) we
reconciling these  discrepancies, Schimann (De  read CorTs KpaTe Y,  TO,'     i ov 0o ro,'rV IIUlcVI.
Coemit. c. i.) supposes, that Solon originally ap-  The position of the besma was such as to command
pointed one regular assembly, called vupia, to be  a view of the sea from behind (on which account
held on a certain day of every prytany, and that the thirty tyrants are said to have altered it),
afterwards additional assemblies were instituted, and of the flposrhXaLa and Parthenon in front,
appropriated respectively to particular purposes, though the hill of the Aeiopagus lay partly bethough the term  covpia was still reserved for the  tween it and the Acropolis.  Hence Demosthenes
assembly formerly so called.  If, however, the re- (ITepl vVTra~. 174), when reminding the Athenians
presentation of Aristophanes is in agreement with  from this very bemla of the other splendid works
the practice of his age, we must further suppose, of their ancestors, says emphatically  Ilpo7rrhAao.
what is very probable, that the arrangements for Tavr'a: and we may be sure that the Athenian
business, as described by Pollux, were not always  orators would often rouse the national feelings of
observed even in the time of the poet; and since a  their hearers by pointing to the assemblage of
few years after Aristotle's time many changes took  magnificent edifices, " monuments of Athenian
place in the constitution of Athens, it may have  gratitude and glory," which they had in view
happened that the name of'iupia was then given  from the Pnyx.  (Cramer, Ancient Greece, vol. ii.
to all, the regular assemblies, ii which case the  p. 335; Wordsworth, Athens and Attica.  In the
Scholiast probably  identified the customs and  latter of these works are two views of the reterms of a late age with those of an earlier period. mains of the Pnyx.)  That the general situation
Moreover, the number of prytanies in each year,  of the place was elevated is clear from the phrase
originally ten, one for each tribe, was, on the in-  &;eaCaiveL Eess rT'~, EKK;LTmaV, and the words waas
crease in the number of the tribes at Athens, o ajjos'  caP Ka0I'0o, applied to a meeting of the
raised to twelve; so that the prytaiies would  people in the Pnyx.  (Dem. De Cor. p. 285.)
then coincide with the months of the year, a fact After the great theatre of Dionysus was built, the
which, taken in conjunction with other circiim- assemblies were frequently held in it, as it afforded
stances (Schhmann, ii. 44), seems to show, that spatc and convenience for a large multitude; and
the authorities who speak of three regular as- in sone particular cases it was specially deter.
semblies in each month, had in view the times  mined by law  that the people should assemble
when a prytany and a month were the same thing. there. (Dem. c. Ieid. p. 517.)  Assemblies were
Some authors have endeavoured to determine the  also held in the Peiraeeus, and in the theatre at
particular days on which the four regular assem-  Muunychia. (Dem. De Fals. Leg. p. 359; Lysias,
blies of each prytany were held, but Sch nnmmn (ii. c. Agor. p. 133; Thucyd. viii. 93.)
47) has proved almost to demonstration, that there    The right of convening the people generally
were no invariably fixed days of assembly; and  vested in the prytanes or presidents of the council
at any rate, even if there were, we have not suffi- of Five Hundred [BouLE]; but in cases of sudcient data to determine them.  Ulpian (ad De-  den emergency, and especially during wars, the
mnostl. Timoc. p. 706) says, in allusion to the strategi also had the power of calling extraorditimes when there were three assemblies in every  nary meetings. for which, however, if we niay
month, that one was held on the eleventh, another judge by the form  in which several decrees are
abouat the twentieth, a third about the thirtieth  drawn up, the consent of the senate appears to
of each month; and it is of course not impro-  have been necessary.  (Dem. De Cor. p. 249.)
bable that they were always held at nearly equal Thle four ordinary meetings of every prytany
intervals.                                         were, nevertheless, always convened by the pryThe place in which the assemblies were anciently  tanes, who not only gave a previous notice (7rpo.
held was, we are told by Harpocration (s. v.?ypcdpev'r-v?E1IcAsnavr) of the day of assembly,
1Id,3c7,los'AppoNTa7-), the ayopd. Afterwards they  and published a programme of the subjects to be
were transferred to the Pnyx, and at last to the  discussed, but also, as it appears, sent a crier round
great theatre of Dionysus, and other places. Thus  to collect the citizeIls (ovdy-ewv "/E   alpov, PolThucydides (viii. 97) speaks of the people being  lux, viii. 95; Harpocrat. s. v. Kvpia'EtcXmcLea;
summoned to the Pnyx, the usual place of assembly  Dem. c. Aristog. p. 772.)  At any rate, whenever
in his times; and Aristophanes (Equit. 42), in  the strategi wished to convene one of the extradescribing " Demus," the representative of the  ordinary assemblies, notice was certainly given of




ECCLESIA.                                        ECCLESIA.                 441
it by a public proclamation; for as Ulpian (ad  whose parents were both such, or who had been
Demost/l. de Fals. Leg. p. 100, a) observes, these  presented with the freedom of the state, and enassemblies were called o-yKWA7 roL, because the  rolled ii the register of some demus or parish.
people were summoned to them by officers sent (Dem. c. Neaer. p. 1380.) Adopted citizens, howround for that purpose (SI-t ovvecKouVv'1vES  ever (7rotrolTo), were not qualified to hold the office
weptdoyTEs).  But independent of the right which  of archon or any priesthood.  (Id. p. 1376.)  Dewe have said the strategi possessed of convening  crepit old men (ys'povTes o1 a&4PeLEotL, perhaps
an extraordinary meeting, it would seem from the  those above sixty) seem not to have been admitted,
case of Pericles (Thucyd. ii. 22) that a strategus although it is not expressly so stated.  (Aristot.
had the power of preventing any assembly being  Polit. iii. 1.)  Slaves and foreigners also were cercalled.  It is, however, important to observe, that tainly excluded (Aristoph. Thessm. 294): though
such an exercise of power would perhaps not have  occasions would of course occur when it would be
been tolerated except during wars and commotions, necessary or desirable to admit them; and from
or in the person of a distinguished character like  Demosthenes (v. Neaer. p. 1375) we may infer that
Pericles; and that under different circumstances, it was not unusual to allow foreigners to enter toat any rate after the time of Solon, the assemblies  wards the close of the proceedings, when the most
were always called by the prytanes.  All persons  important business of the day had been concluded;
who did not obey the call were subject to a fine, otherwise they stood outside.  (Aesch. c. Ctes.
and six magistrates called lexiarchs (A7iifapXoL)  p. 86.)
were appointed, whose duty it was to take care    The irooTrseAs, or foreigners, who enjoyed nearly
that the people attended the meetings, and to levy  equal privileges with the citizens, are by some
fines on those who refused to do so. (Pollux, viii. thought to have had the same rights as adopted
104.) With a view to this, whenever an assembly  citizens, with respect to voting in the assembly.
was to be held, certain public slaves (KIcOaL or (Wolf, ad Dem. Lept. p. 70.) This, however, seems'roF5,Ta) were sent round to sweep the agora, and  very doubtful; at any rate the etymology of the
other places of public resort, with a rope coloured  word ooTeAeris does not justify such an opinion.
with vermilion. The different persons whom these    In the article BOYLE it is explained who the
ropemen met, were driven by them  towards the  prytanes and the proedri were; and we may here
ecclesia, and those who refused to go were marked  remark, that it was the duty of the proedri of the
by the rope and fined.  (Schol. ad Arist. Ac4~ar. same tribe, under the presidency of their chairman
22.)  Aristophanes (I. c.) alludes to this subject (5 E'raTrd7)s), to lay before the people the subjects
in the lines                                     to be discussed; to read, or cause to be read, the
0 8)'fEY aYdopt XaeXoio, IKCwS Kal KATZ0    previous bill (Tb srpoo6AsXevua) of the senate; and
1N XXOu'ie Y aiE vYO5 L  i bETLlATuW.LE Ov,  to give permission, (-ycsyas 7rpotLOEd'aL) to the
speakers to address the people.  They most proBesides this, all the roads except those which led  bably sat on the steps near the benas, to which
to the meeting were blocked up with hurdles  they were on some occasions called by the people.
(yppa), which were also used to fence in the  In later times they were assisted in keeping order
place of assembly against the intrusion of persons  (ev'KoertAa) by the members of the presiding tribe
who had no right to be present: their removal in  (' srposSpesovaoa qpx*i, Aesch. c. Ctesiph. p. 53,
the latter case seems to have served as a signal for and BOULE); and the officers who acted under
the admission of strangers who might wish to ap- them, the " serjeants-at-arms" were the crier (6
peal to the people.  (Dem. c. Neaer. p. 1375.)  KTjpvU), and the Scythian bowmen.  Thus, in
An additional inducement to attend, with the  Aristophanes (Aclarsn. 24), the crier says to a
poorer classes, was the utauObs EeKKxltLaaTlicds, or speaker, who was out of order, KccidOo aoya, and
pay which they received for it.  The originator of in another passage the'o~'rai are represented as
this practice seems to have been a person named  dragging a drunken man out of the assembly.
Callistratus, who introduced it " long after the  (Eccles. 143.)  When the discussion upon any subbeginning of the influence of Pericles."  The  ject had terminated, the chairman of the proedri, if
payment itself, originally an obolus, was after- he thought proper, put the question to the vote:
wards raised to three by a popular favourite called  we read in some instances of his refusing to do so.
Agyrrhius, of Collytus.  The increase took place  (Xen. Mean. i. 1. ~ 18; Thuc. vi. 14.)
but a short time before the Ecclesiazusae of Aris-    Previous, however, to the commencement of
tophanes came out, or about B. c. 392.  A ticket any  business, it was usual to make a lustra(avmuCoAov) appears to have been given to those  tion or purification of the place where the aswho attended, on producing which, at the close of semubly was held.  This was performed by an
the proceedings, they received the money from one  officiating priest called the Peristiarc]hus (irepor-fiapof the thesmothetae. (Aristoph. Eccles. 295, 380.)  Xos), a name given to him because he went before
This payment, however, was not made to the  the lustral victims (ra& reprTierLa) as they were
richer classes, who attended the assemblies gratis, carried round the boundary of the place.  The
and are therefore called oIcdUtSTOL E'1CKKX L`aCrTai favourite victims were sucking pigs (Xompilta): the
by the poet Antiphanes in a fragment preserved  blood of which was sprinkled about the seats, and
by Athenaeus (vi. p. 247, f).  The same word  their bodies afterwards thrown  into the sea.
01odIo-teos is applied generally to a person who re-  (Schol. ad A ristopl. 1. a., ad Aesch. c. Timatr. p.
ceives no pay for his services.                  48.)  After the peristiarch  the crier followed,
With respect to the right of attending, we may  burning incense in a censer.  When these cereobserve that it was enjoyed by all legitimate citi- monies were concluded, the crier proclaimed silence,
zens who were of the proper age (generally sup- and then offered up a prayer, in which the gods
posed to be twenty, certainly not less than eigh- were implored to bless the proceedings of the meetteen), and not labouring under any atimzia or loss ing, and bring down destruction on all those who
of civil rights.  All were considered citizens, were hostilely disposed towards the state, or who




442               ECCLESIA.                                          ECCLESIA.
traitorously plotted its'overthrow, or received bribes  of the people, he might be proceeded against by
for misleading and deceiving the people. (Aristoph. endeixis (Plat. Apol. p. 32); and if he allowed tile
T/sesm. 330.)  On the conclusion' of this prayer  people to vote upon a proposal which was contrary
business began, and'the first subject proposed'Was  to existing constitutional laws, he was in some cases
said to be brought forward, 7rpWTrov  FEa raI epd. liable to atimia. (Dem. c. Tinzoc. p. 716.)  If, on
(Dem. c. Timocr. p. 706.)  We must, however, un-  the contrary, no opposition of this sort was offered
derstand that it was illegal to propose to the ecclesia  to a proposed decree, the votes of the people were
any particular measure unless it had previously re- taken, by the permission of the chairman and with
ceived the sanction of the senate, or been formally  the consent of the rest of the proedri: whence the
referred by that body to the people, under the title  permission is said to have been given sometimes
of a 7rpoo'AsEvpua.  The assembly, nevertheless,  by the proedri and sometimes by the chairman,
had the'power of altering a previous decree of the  who is also simply called 6 7rpiedpos, just as the
senate as might seem fit.  Further information on  proedri are sometimes styled prytanes.  (Aesch.
this point will be found under BOULE, to which we  c. Ctesiph. p. 64; Dem. c. Meid. p. 517.)  The demay add, according to Schbmann (De Cosmitiis, c. 9), cision of the people was given either by show of
that the object of the law, mentioned by the gram-  hands, or by ballot, i. e. by casting pebbles into
marians ('A7rpoCgo6Aevros, 1.At1v    r tolmcLua   elto-',ai urns (KaicarlKo); the former was expressed by the
El't 8r tw), seems to have been, not to provide  word xetporosre7, the latter by *'qmplS eoOaaz, althat no motion should be proposed in the assembly  though the two terms are frequently confounded.
unless previously approved of by the senate, but The more Uisual method of voting was by show of
rather that no subject should be presented for dis-  hands, as being more expeditious and convenient
cussion to the people, about which a bill of the  (Xetporovia).  The process was as follows: - the
*senate had not been drawn up and read in the as-  crier first proclaimed that all those who were in
sembly.                                            favour of a proposed measure should hold up their
The privilege of addressing the assembly was  hainds (it  o 6osCe7 Kc. T. A. apdcrw  -vs XeLPa): then
not confined to any class or age amongst those who  he proclaimed that all those who were opposed to
had the right to be present: all, without any dis-  it should do the same (rTCp ti) OEaICE,C. T. X.): they
tinction, were invited to do so by the proclamation  did so, and the crier then formed as accurate an
(Tis &-yopeset POvAereas) which was made by the  idea as possible of the numbers for and against
crier after the proedri had gone through the neces-  (hpiOp/,.e Ias xeTpas), and the chairman of the
sary preliminaries, and laid the subject of discus-  meeting pronounced the opinion of the majority.
sion before the meeting; for though, according to  (Suidas, s. v. KarCEXetpoors'vsoe.)  In this way
the institutions of Solon, those persons who were  most matters of public interest were determined.
above fifty years of age ought to have been called  Vote by ballot (KpiS6&e ), on the other hand, was
upon to speak first (Aesch. e. Ctesip#s. p. 54), this  only used in a few special cases determined by
regulation had in the days of Aristophanes become  law; as, for instance, when a proposition was made
quite obsolete.  (Dem. De Cor. p. 285; Aristoph.  for allowing those who had suffered atimzia to appeal
Aclcarn. 43.)  The speakers are sometimes simply  to the people for restitution of their former rights;
called ol 7reaptotsres, and appear to have worn a crown  or for inflicting extraordinary punishments on atroof myrtle on their heads while addressing the as-  cious offenders, and generally, upon any matter
sembly, to intimate, perhaps, that they were then  which affected private persons.  (Dem. c. Tis0ocr.
representatives of the people, and like the archons  pp. 715, 719.)  In cases of this sort it was settled
when crowned, inviolable.  (Aristoph. Eccles. 130, by law, that a decree should not be valid unless six
147.)  They were by an old law required to con- thousand citizens at least voted in favour of it. This
fine themselves to the subject before the meeting, was by far the majority of those citizens who were
and keep themselves to the discussion of one thing  in the habit of attending; for, in time of war the
at a time, and forbidden to indulge in scurrilous or  number never amounted to five thousand, and in
abusive language: the law, however, had in the  time of peace seldom  to ten thousand.  (Thuc.
time of Aristophanes become neglected and almost vii. 72.)
forgotten.   (Aesch. c. Timnar. p. 5; Aristoph.    With respect to the actual mode of voting by
Eccles. 142.)  The most influential and practised  ballot in the ecclesia we have no certain informaspeakers of the assembly were generally  distin-  tion; but it was probably the same as in the courts
guished by the name of PT'opES.                    of law, namely, by means of black and white pebAfter the speakers had concluded, any one was  bles, or shells, put into urns (iKais'oot); the white
at liberty to propose a decree, whether drawn up  for adoption, the black for rejection of any given
beforehand or framed in the meeting ('Es T-, 3r Ut  measure.  (Schol. ad Arist. Ve'sp. 981).
av-yypapeoOeat, Plat. Gorg. p. 451), which, how-    The determination or decree of the people was
ever, it was necessary to present to the proedri,  called a Psepisnza (*pisoeuae), which properly
that they might see, in conjunction with the voLo-  signifies a law proposed to an assembly, and ap(pASXces,   whether there was contained in it any-  proved of by the people.  The form  for drawing
thing injurious to the state, or contrary to the  up the Psephisma varied in differentages. [BOTJLE.]
existing laws.  (Pollux, viii. 94.)  If not, it was    We now come to the dismissal of the assembly;
read by the crier; though, even after the reading,  the order for which, when business was over, wvas
the chairman could prevent it being put to the vote,  given by the prytanes (eAvoav rpv' iKrcA-4lav),
unless his opposition was overborne by threats and  through the proclamation of the crier to the people
clamours.  (Aesch. De Eals. Leg. p. 39.)  Private  (Aristoph. Achtain. 173); and as it was not cusilldividuals also could do the same, by engaging  tomary to continue meetings which usually began
upon oath (V6rwpuoifa) to bring against the author  early in the morning (Id. 20) till after sunset, if
of any measure they might object to, an accusation  one day were not sufficient for the completion of
called a ypa*/i srapasvo'wv.  If, however, the chair-  any business, it was adjourned to the next.  But
hman refused to submit any question to the decision  an assembly was sometimes broken up if any one,




ECCLESIA.                                           ECCLETI                    44 
whether a magistrate or private individual, declared  the Athenian constitution, be either repealed or
that he saw an unfavourable omen, or perceived  enacted, except by the court of the NotzoOE'rat: it
thunder and lightning.  The sudden appearance of might, however, doubtless happen that' prpifo-PaTa
rain also, or the shock of an earthquake, or any  passed by the assemblies had reference to generail
natural phaenomenon of the kind called 8loors7zgaz, and permanent objects, and were therefore virtually
was a sufficient reason for the hasty adjournment  YOloLo or laws [NOMOTHETES]; moreover, if we
of an assembly.  (Aristoph. Nub. 579; Thuc. v. may judge by the complaints of Demosthenes, it
46.)                                               appears that in his days the institutions of Solon
We have already stated in general terms, that  had, in this respect, fallen into disuse, and that
all matters of public and national interest, whether  new laws. were made by the people collectively ill
foreign or domestic, were determined upon by the  assembly, without. the intervention of the court of
people in their assemblies, and we shall conclude  the nomothetae. (Dem. c. Timbecr. p. 744; Aristot.
this article by stating in detail what some of these  Polit. iv. 4.)
matters were.  On this point Julius Pollux (viii.    The foreign policy of the state, and all matters
95) informs us, that in the first assembly of every  connected with it, and the regulation and appropriaprytany, which was called Kvpia, the Enr1XelpoT0zo'a  tion of the taxes and revenues, were, as we might
of the magistrates was held; i. e. an inquisition  expect, determined upon by the people in assembly.
into their conduct, which, if it proved unfavour-  The domestic economy of the state was under the
able, was followed by their deposition.  In the  same superintendence; a fact which Pollux briefly
same assembly, moreover, the eloayy~EMHat or ex-  expresses by informing us that the people decided
traordinary informations were laid before the peo-. in the fourth assembly 7rEpl lepeV KoaL 8s7uooaov,
ple, as well as all matters relating to the watch and  i. e. on all matters, whether spiritual or secular, in
ward of the country of Attica; the regular officers  which the citizens collectively had an interest.
also read over the lists of confiscated property, and  Such, for example, says Schumann (p. 298), " are
the names of those who had entered upon inherit-  the priesthood, the temples of the gods, and all
ances.  The second was devoted to the hearing of other sacred things; the treasury, the public land,
those who appeared before the people as suppli-  and public property in general; the magistracy,
ants for some favour,.or for the privilege of ad- the courts, the laws and institutions of the state,
dressing the assembly without incurring a penalty  and, in fine, the state itself: " in connection with
to which they otherwise would have been liable, which we may observe, that the meetings for the
or for indemnity previous to giving information  election of magistrates were called apXaelpEolal.
about any crime in which they were accomplices. Lastly, as Schbmiann remarks, " the people likewise
In all these cases it was necessary to obtain an  determined in assembly upon the propriety of con"bela, i. e. a special permission or immunity.  In  ferring rewards and honours on such citizens or
the third assembly, ambassadors from foreign states  strangers, or even foreign states, as had in any
were received.  In the fourth, religious and other manner signally benefitted the commonwealth."
public matters of the state were discussed.        It is hardly necessary to add, that the significationt
From  this statement, compared with what is  of a religious assembly or church, which ecclesice
said under EISANGELIA, it appears that in cases  bore in later times, sprang from its earlier meaning
which required an extraordinary trial, the people  of an assembly in generali, whether of the consometimes acted in a judicial capacity, although  stituency of a whole state, or of its sub-divithey usually referred such matters to the court of sions, such as tribes and cantons. See TRIBUS and
the Heliaea.  There were, however, other cases in  DEmus.                                [R. WT.] 
which they exercised a judicial power: thus, for    ECCLE'TI (EKKeCxTrLot), was the name of an.instance, the proedri could ex officio prosecute an  assembly at Sparta, and seems to have been the
individual before the people for misconduct in the  same as the so-called lesser assembly (7' UILcpa Kcaecclesia.  (Aesch. c. Tizcarels. p. 5.)  Again, on  AovyE'V e'sc dKMo-ia, Xen. Hell. iii. 3. ~ 8).  Its
some occasions information (Pxivo-es) was simply  name seems to indicate a select assembly, but it is
laid before the people in assembly, without the in-  difficult to determine of what persons it was comformant making a regular impeachment; and al- posed; since, however, Xenophon (Hell. ii. 4. ~ 38)'though the final determination in cases of this sort mentions the ephors along with and as distinct
was generally referred to a court of law, still there  from it, we cannot with Tittman (Griech. Staatssv.
seems no reason to doubt that the people might p. 100) and WVachsmutth (Hell.Alter. vol. i. pp. 464,
have taken cognizance of them in assembly, and  690, 2d edit.), consider it as having consisted of
decided upon them as judges; just as they did in  the Spartan magistrates, with the addition of some
some instances of heinous and notorious crimes, deputies elected from  among the citizens.  As,
even when no one camine forward with an accusa- however, the efictcA7Tot do not occur until the period
tion.  Moreover, in turbulent and excited times, when the franchise had been granted to a great
if any one had incurred the displeasure of thepeople, number of freedmen and aliens, and when the
they not unfrequently passed summary sentence  number of ancient citizens hald been considerably
upon him, without any regard to the regular and  thinned, it does not seem improbable that the lesser
established forms of proceeding: as examples of assembly consisted exclusively of ancient citizens,
which we may mention the cases of Demosthenes  either in or out of office; and this supposition
and Phocion.  The proceedings called 7rpofoAh and  seems very well to agree with the fact, that they
imrayyeX'ia were also instituted before the people:  appear to lhave always been jealously watchful ill
further information with respect to them is given  upholding the ancient constitution, and in preventunder those heads.                                ing any innovation that might be made by the
The legislative powers of the people in assembly, ephors or the new citizens.  (Thirlwall, Ilist. of
so far as they were defined by the enactments of Greece, iv. p. 372, &c.)
Solon, were very limited; in fact, strictly speak-    The whole subject of the IEgKKhXITOL is involved ill
ing, no laws could, without violating the spirit of difficulty. Tittmann thinks, that though the namne




444              EDICTUM.                                          EDICTUM.
of this assembly is not mentioned, it existed long  also made many edicts, and their jurisdiction was
before the Persian wars, and that in many cases in  exercised (under the empire at least) in the pro.
which the magistrates (rCiX, &pXOvres or &pXaL) vinciae populi Romani by the quaestors.  (Gaius,
are said to have made decrees, the magistrates are  i. 6.) There was no edict promulgated in the promentioned instead of the KhAlT01oL, of whom they  vinciae Caesaris. The tribunes, censors, and pontiwere the chief members.  This last supposition is  fices also promulgated edicts relating to the matters
rejected by MUller (Dor. iii. 5. ~ 10), who ob-  of their respective jurisdictions.  The edicta are
serves that the magistrates were often said to have  enumerated by Gaius among the sources of Roman
decreed a measure (especially in foreign affairs), law, and this part of the Roman law is sometimes
though it had been discussed before the whole  called in the Pandect, Jus Honorarium  (Dig. 44.
assembly and approved by it; for the magistrates  tit. 7. s. 52), apparently because the edictal power
were the representatives and the organs of the  belonged to those magistrates only who had the
assembly, and acted in its name.  lUiiller is also  honores, and not so much ad honorem praetorumn.
of opinion that EcKAhWroL and iKcAqoaia are identical, (Dig. 1. tit. 1. s. 7.)  As the edicts of the praetors
and distinct from  the lesser assembly, which he  were the most important, the jus honorarium was
considers to have been a kind of select assembly, sometimes called jus praetorium; but, properly,
But his arguments on this point are not convincing. the jus honorarium was the term under which was
The $tKhIqroL and the lesser assembly are men- comprehended all the edictal law.
tioned about the same time in Grecian history, and    Edictum signifies; generally, any public notice
previous to that time we hear of no assembly, made by a competent authority (Tacit. Ann. i. 7;
except the regular E'KKaicoa of all the Spartans, Liv. xxxi. 6, ii. 30).  But it specially signifies,
(See Xen. Hell. v. ii. ~ 33, vi. 3. ~ 3.) [L. S.]    under the republic, a rule proimulgated by a magisE'CDICUS (e'KcKos), the name of an officer in  tratus, which was done by writing it on an album,
many of the towns of Asia Minor during the Ro- and placing it in a conspicuous place, " Unde de
man dominion, whose principal duty was the care  plano recte legi potest."  From this circumstance,
of the public money, and the prosecution of all par- the Edict was considered to be a part of the jus
ties who owed money to the state.  The word is scriptum.  As the office of a magistratus was
translated in the ancient glossaries by cognitor, an  annual, the rules promulgated by a predecessor
attorney.  (Cic. ad FPan. xiii. 56; Plin. Ep. x. were not binding on a successor, but he might
111; Gronovius, de Sestert. iv. 3. p. 277.)     confirm or adopt the rules of his predecessor, and
E'CDOSIS (eaoo-is).  [FENUS.]                introduce them into his own Edict, and hence such
]E4CHI'NOS (?X'Tos).  [DIKE.]                  adopted rules were called edictum tralatitium (Cic.
ECLOGEIS (iKXoyses).  [EIsPHORA.]              ad Att. iii. 23, v. 21; ad Fane. iii. 8; in fVer.
ECMARTY'RIA  (lclpapTrvpa), signifies the  i. 45), or vetus, as opposed to edictum novum.  A
deposition of a witness, who, by reason of absence  repentinum edictunm was that rule which was made
abroad, or illness, was unable to attend in court. (prout res incidit) for the occasion.  (In Veora. iii.
His statement was taken down in writing, in the  14.)  A perpetuum  edictum was that rule which
presence of persons expressly appointed to receive  was made by the magistratus on entering upon
it, and afterwards, upon their swearing to its iden- office, and which was intended to apply to all cases
tity, was read as evidence in the cause.  They  to which it was applicable, during the year of his
were said Inaprvpe1v'TY  ieLcpapTvpaYv: the absent, office:-'hence it was sometimes called also annua
witness, EiKuapTuvpeV: the party who procured the  lex.  It was not called perpetuum because the
evidence, Ei'cappTvpLav 7roLE0Oae. It was considered  rules were fixed, but because each praetor pubas the testimony of the deponent himself, not that lished his edict upon entering on his office, and
of the certifying witnesses, and therefore did not thns there was a perpetuum (continuous) edictum.
come within the description of hearsay evidence,  Until it became the practice for magistratus to
which (except the declaration of a deceased per- adopt the edicta of their predecessors, the edicta
son) was not admissible at Athens. The law  could not form a body of permanent binding rules;
was, &cosY' eaLt papTvpeW q'reOVeT ToPr,'iLeap'rvptav, but when this practice became common, the edicta
e v7rspopiou Kal &dvvarTov.  The deponent (like  (edictum tralatitium) soon constituted a large body
any other witness) was liable to an action for false  of law, which was practically of as much importtestimony if the contents of the deposition were  ance as any other part of the law.  The several
untrue, unless he could show that it was incor- edicta, when thus established, were designated by
rectly taken down or forged, in which case the  the names of their promulgators, as the Edicturn
certifying witnesses would be liable.  Therefore  Carbonianum; or they were named with reference
(Isaeus tells us) it was usual to select persons of to the formula, and the actio which they estagood character to receive such evidence, and to  blished, as Aquiliana, Public ana, Rutiliana.
have as many of them  as possible  (Isaeus, De    The origin of the edictal power cannot be hisPyrr. Hered. 23, 24, ed. Bekk.; Dem. c. Steph. toricallyshown; but as the praetor was a magistrate
pp. 1130, 1131.)  [MARTYRIA.]   [C. R. K.]    established for the administration of justice on acE'CPHORA (e oppca).  [Funus.]                  count of the occupations of the consuls, and the
ECPHYLLOPHO'RIA  (cqpvAxhopopia). [Ex-  consular power was the representative of the kingly
SILIUM.]                                         power, it seems that the jus edicendi may have
ECULEUS.  [EQuvULvus.]                         been a remnant of the kingly prerogative.  HowE'DERE ACTIO'NEM.  [ACTIo.]                    ever this may be, the edictal power was early
EDICT UM.  The Jus Edicendi, or power of exercised, and so far established, that the jus praemaking edicts, belonged to the higher magistratus  torium  was a recognised division of law  in and
populi Romani, but it was principally exercised by  before the time of Cicero (in Verr. i. 44), in whose
the two praetors, the praetor urbanus and the  age the study of the Edict formed a part of the
praetor peregrinus, whose jurisdiction was exercised  regular study of the law.  (de Leq. i. 5, ii. 23.)
in thoprovinces by the praeses. The curule naediles  The edict of the aediles about the buying and




EDICTUM.                                         EDICTUM.                  445
selling of slaves is mentioned by Cicero (de Of. iii. natural equity (Jus Naturale or Gentium). Under
17); the Edictiones Aedilitiae are alluded to by  the emperors, also, it may be presumed, that the
Plautus (Capt. iv. 2, v. 43); and an edict of the  opinions of legal writers would act on public
praetor Peregrinus is mentioned in the Lex (Galliae  opinion, and on those who had the jus edicendi.
Cisalpinae, which probably belongs to the begin-  Hence, a large part of the edictal rules were
ning of the eighth century of the city.  The Lex  founded on the so-called jus gentiurnm; and the neCornelia, B. C. 67, provided against abuses of the  cessity of some modifications of the strict rules of
edictal power, by declaring that the praetors should  the civil law, and of additional rules of law, would
decide in particular cases, conformably to their  become the more apparent with the extension of
perpetual edict.  The edicts made in the provinces  the Roman power and their intercourse with other
are often mentioned by Cicero. They were founded  nations.  But the method in which the praetor
on the edictum  urbanum, though they likewise  introduced new rules of law was altogether concomprehended rules applicable only to the ad-  formable to the spirit of Roman institutions.  The
ministration of justice in the provinces, and so. far process was slow and gradual; it was not effected
they were properly edictum  provinciale.  Thus  by the destruction of that which existed, but by
Cicero (ad Att. vi. 1) says, that he promulgated in  adapting it to circumstances.  Accordingly, when
his province two 6dicta; one provinciale, which, a right existed, or was recognised, the praetor
amnong other matters, contained every thing that would give an action, if there was none; he would
related to the publicani, and another, to which he  interfere by way of protecting possession, but he
gives no name, relating to matters of whichi he  could not make possession into ownership, and,
says, " ex edicto et postulari et fieri solent."  As  accordingly, that was effected by the law [UsJto all the rest, he made no edict, but declared that cAPIo]: he aided plaintiffs by fictions, as, for inhe would frame all his decrees (decreta) upon the  stance, in the Publiciana actio, where the fiction
edicta urbana.  It appears, then, that in the time  was, that the possessor had obtained the ownership
of Cicero the edicta already formed a large body  by usucapion, and so was quasi ex jure Quiritinm
of law, which is confirmed by the fact, that, in  dominus (Gaius, iv. 36); and he also aided parties
his time, an attempt had been already made to  by exceptiones, and in integrum restitutio. [Jus.]
lreduce it into order, and to comment on it.  Ser-    The old forms of procedure were few in number,
vius Sulpicius, the great jurist and orator, the  and they were often inconvenient and failed to do
friend and contemporary of Cicero, addressed to  justice.  Accordingly, the praetor extended the
Brutus two very short books on the Edict, which  remedies by action,. as already intimated in the
was followed by the work of Ofilius (Pomponius, case of the Publiciana actio.  This change proDig. 1. tit. 2. s. 2); though we do not know  bably commenced after many of the legis actiones
whether the work of Ofilius was an attempt to  were abolished by the Aebutia lex, and the necescollect and arrange the various edicta, like the sub- sity of new forms of actions arose. These were insequent compilation of Julian, or a commentary  troduced by the praetors, and it is hardly a matter
like those of many subsequent jurists (Ofilius  of doubt that in establishing the formulae they
edictum praetoris primus diligenter composuit).    followed the analogy of the legis actiones.  It is
The  object of the Edict, according to the  the conclusion of an ingenious writer (Rhein. Mius.
Roman jurists, was the following (Papinianus, fiir Juris. i. p. 51, Die Oeconomie des EEdictes,
Dig. 1. tit. 1. s. 7): -" Adjuvandi vel supplendi von Heffter), " that the edict of the praetor urbanus
vel corrigendi juris civilis gratia propter utilitatem   was in the main part relating to actions arranged
publicam:" the Edict is also described as " viva  after the model of the old legis actiones, and that
vox juris civilis."  It was, in effect, an indirect the system is apparent in the Code of Justinian,
method of legislating, and it was the means by and still more in the Digest."
which numerous rules of law became established.   Under the emperors, there were many commenIt was found to be a more effectual, because an tators on the Edict.  Thus we find that Labeo
easier and more practical way of gradually en- wrote four books on the Edict, and a work of his
larging and altering the existing law, and keeping in thirty books, Ad Edictum Praetoris Peregrini,
the whvole system in harmony, than the method of is cited by Ulpian.  (Dig. 4. tit. 3 s. 9.)  Salvius
direct legislation; and it is undeniable that the Julianus, a distinguished jurist, who lived in the
most valuable part of the Roman law is derived time of Hadrian, and filled the office of praetor,
from the edicts.  If a praetor established any rule made a compilation of Edictal law by order of the
which was found to be inconvenient or injurious, emperor; the work was arranged in titles, acit fell into disuse, if not adopted by his successor. cording to subjects (Bbcking, Instit. i. 30. n. 11).
The publicity of the Edict must also have been a  It was called Edictum Perpetuum; and it seems,
great security against any arbitrary changes, for a  that from the date of this treatise, the name Permagistratus would hardly venture to promulgate a  petnum  was more particularly  applied to this
rule to which opinion had not by anticipation al- edictum than to that which was originally and proready given its sanction.  Many of the rules pro- perly called the Edictum Perpetuum.  Julian apmulgated by the Edict were merely in conformity  pears to have collected and arranged the old edicts,
to existing custom, more particularly in cases of and he probably both omitted what had fallen into
contracts, and thus the edict would have the effect disuse, and abridged many parts, thus giving to
of converting custom into law. This is what Cicero  the whole a systematic character.  The work of
seems to mean (de Invent. ii. 22), when he says  Julian must have had great influence on the study
that the Edict depends in a great degree on custom. of the law, and on subsequent juristical writings.
As to the matter of the Edict, it must be sup- It does not seem probable, that the edicts of the
posed that the defects of the existing law must two Roman praetors, together with the Edictumrn
generally have been acknowledged and felt before  Provinciale, and the edicts of the curule aediles,
any magistratus ventured to supply them; and in  were blended into one in this compilation.  If the
doing this, he must have conformed to the so-called  work of Julian comprehended all these edicts,




446   EDICTUM THEODORICT.                                        EISAGOGEIS.
they must have been kept distinct, as the subject-  of the-Roman power in Italy. It was promulgated
matter of them was different.  We know that the  by Theodoric, king of the Ostrogoths, at Rome, in
edicts of the curule aediles were. the subject of the year A. D. 500.  It consists of 154 chapters,
distinct treatises by Gaius, Ulpian, and Paulus, in which we recognise parts taken from the Code
and the Edictuln Provinciale would, from its nature, and Novellae of Theodosius, from the Codices Grebe of necessity kept separate from  all the rest. gorianus and Hermogenianus, and the Sententiae
But some writers are of opinion, that the Edictum   of Paulus. The Edict was, doubtless, drawn up by
Perpetuum of Julianus made one body of law out Roman writers, but the original sources are more
of the edicta of the praetor urbanus and peregrinus, disfigured and altered than in any other compilathat there was also incorporated into it much of tion.  This collection of law was intended to apply
the Edicturn Provinciale, and a large part of the  both to the Goths (Barbari) and the Romans, so
EdictumL  Aedilitium, as an appendage at least. far as its provisions went; but wIhen it made no
Tihe Edict thus arranged and systenmatised was, it alteration in the Gothic law, that law was still to
is further supposed, promulgated in the provinces, be in force for the Barbari; and the Roman
and thus became, as far as its provisions extended, law was still to prevail for the Romans in those
a body of law for the empire.  This view of the  cases to which the Edictum was not applicable.
edictum of Julianus is confirmed by the fact of Athalarich, the grandson of Theodoric, or rather
Italy being divided by Hadriano into the city of Amalasuntha, the mother of Athalarich, who was
1Rome with its appurtenant part, and four districts. a minor, completed this Edictum by a new one;
Th'le magistratus remained as before, but the juris- but after Narses had again united Italy to' the
diction of the praetor was limited to Rome and its  dominion of Justinian, the legislation of Justinian
territory; and magistrates, called consulares, and  was established in Italy (A. D. 554), and the
subsequently, in the time of Aurelius, juridici, were  Edictumn of Theodoric had no longer authority.
appointed to administer justice in the districts. The opinion of modern writers as to the'design and
As the edictal power of the praetor was thus  object of the Edictum of Theodoric is by no means
limited, the necessity for a comprehensive Edict uniform.  There is an edition of this Edictum
(such as the Edictum Perpetuum of Julian) is the  by G. F. Rhon, Halle, ]816, 4to.  (Savigny,
mnore apparent.                                  Gesclichlte des R. R. &c.; Bicking, Inslit. i., There were numerous writings on the Edict 89.)                                      [G. L.]
besides those above enumnerated.   They  were    EEDNA  (e'eva).  [Dos.]
sometimes simply entitled Ad Edictum, according    EICOSTE  (elcoo-7i), a tax or duty of one
to the citations in the Digest  and there were also  twentieth (five per cent.) upon all commodities exother juristical writings, not so entitled, which fol- ported or imported by sea in the states of the allies
lowed the order of the Edict, as, for instance, the  subject to Athens.  This tax was first imposed
epitome of Hermogenianus.  (Dig. 1. tit. 5. s. 2.)  B. c. 4 15, in the place of the direct tribute which
Ultimately, the writings on the Edict,,and those  had up to this time been paid by the subject
which followed the arrangement of the Edict, oh- allies; and the change was made with the hope
tained more authority than the Edict itself, and  of raising. a greater revenue.  (Thuc. vii. 28.)
became the basis of instruction.                 This tax, like all others, was farmed, and the
Some few  fragments of the older edicts are  farmers of it were called eicostologi (EiKo'o;lyots).
found in the Roman writers, but it is chiefly from  It continued to be collected in B. c. 405, as Aristhe writings of the jurists, as excerpted in the  tophanes mentions an eicostologus in that year
Digest, that we know anything of the Edict in its  (Ran. 348).  It was of course terminated by the
later form. It seems pretty clear that the order of issue of the Peloponlnesian war, but the tribute
Justinian's Digest, and more particularly that of was afterwards revived on more equitable prinhis Code, to some extent followed that of the  ciples under the name of Syntaxis (o'vraeLs)..Edict. The writings on the Edict, as well as the  (Bdckh, Publ. Econ. of Athens, pp. 325, 401, 2nd:Edict itself, were divided into tituli or rubricae, ed.)
and these into capita; some special or detached    We also read of an' eicoste levied by the sons
rules were named clausulae; and some parts were  of Peisistratus.  This tax was a twentieth of the
simply named edictum, as Edictum Carbonianum, produce of the lands in Attica, and was only half
&c.                                              of what had been levied by Peisistratus himself.
The Edicta or Edictales Leges of the emperors  (Thuc. vi. 54.)
are mentioned under CONSTITUTIO.                   EIREN  (e'[pqv) or IREN  (i'zpr7), the name
The Digest, as already observed, contains nu- given to the Spartan youth when he attained the
merous fragments of the Edicts.  The most com- age of twenty. At the age of eighteen he emerged
plete collection of the fragments of the Edicts is from  childhood, and was called Ml[elleiren (uefA-,by Wieling, in his "Fragmenta Edicti Perpetui,"  Aeiprvq,, Plunt. Lye. 17).  When he had attained
Franek. 1733.  The latest essay on the subject is  his twentieth year, he began to exercise a direct
by C. G. L. de Weyhe, "Libri Tres Edicti sive  influence over his juniors, and was entrusted with
de Origine Fatisque Jurisprudentiae Romanae prae- the command of troops in battle.  The word apsertim  Edictorum Praetoris ac de Forma Edicti pears to have orignally signified a commander.
Perpetui," Cell. 1821. The twenty-first book of Hesychius explains VIpaVes by  ppXoYTEes, 8b1the Digest (tit. 1) is on the Aedilitium Edictum.  KiOPTEs: and  e~lprVdCEL by KPcpaTE.  The hp1Eies
(Zimmern, Gesclicdte des Rmz. Privatreclhts; Ma- mentioned in Herodotus (ix. 85) were certainly
rezoll, Lelh bucel, &c.; Rein, Des Rinischle Privat-  not youths, but commanders.  (Miiller, Dorians,,seelt, &c., Leipzig, 1836; Savigny, Geschicte des  vol. ii. p. 315.)
R. R., &c. vol. i. c. 1; Savigny, Systems, &c., vol.    EISAGO'GEIS (eo'aywyes), at Athens, were
i. pp. 109, &c., 116, &c.)           [G. L.]: not themselves distinct magistrates; but the name
EDIICTUM  THEODORICI. This is the first was given to the ordinary magistrates when apcollection of law that was made after the downfall plication was made to them  for the purpose of




ElSANGELIA.                                        EISANGELIA.                  447
bringing a cause (es'-dayese) into a proper court.  to treason in the usual sense of the term, but re[DIARTETA.; DIKsE.]   The cause itself was  quired a special declaration by the senate to render
tried, as is explained  under DII(E, by dicasts  it cognizable as such by the Heliaea.  Another
chosen by lot; but all the preliminary proceed-  instance of treason by implication, prosecuted as
ings, such as receiving the accusation, drawing up  an extraordinary and unspecified crime, appears in
the indictment, introducing the cause into court, the case of Leocrates, who is, in the speech already
&c., were conducted by the regular magistrate, cited, accused of having absented himself from his
who attended in his own department to all that country, and dropped the character of an Athewas understood in Athenian law by the 1r'yqeovia  nian citizen at a time when the state was in immiToil &Lacaor7pLov.  Thus we find the strategi, the  nent danger.  Offences, however, of this nature
logistae, the e7rLeTagT-L Ta' v sltoa[ov epypc.v, the  were by no means the only ones, nor indeed the
i7r,/cEA70'al Troi  puruopiov, &c., possessing this  most numerous class of those to which extraordii/yeowvia; but it was not the chief business of any  nary denunciations were applicable.   They might
of the public magistrates, except of the archons  be adopted when the charge embraced a combinaand perhaps of the eleven.  The chief part of the  tion of crimes, as that of treason anld impiety in
duties of the former, and especially of the thes-  the famous case of Alcibiades, for each of which a
mothetae, consisted in receiving accusations and  common indictment (ypaqS) was admissible, when
bringing causes to trial (e1ad'yeLv) in the proper  the accused were persons of great influence in the
courts.  [ARCHON.]                                 state, when the imputed crime, though punishable
EISANGE'LIA  (eia?-yyeXia), signifies, in its  by the ordinary laws, was peculiarly heinous, or
primary and most general sense, a denunciation of when a more speedy trial than was permitted by
any kind (Schhmann, De Ciomitiis, p. 181), but, the usual course of business was requisite to acrmuch more usually, an information laid before the  complish the ends of justice. (Schlimann, De Cons.
council or the assembly of the people, and the  p. ]90,; Harpocrat.)  Circumstances such as these
consequent impeachment and trial of state crimi-  would, of course, be very often pretended by an innals at Athens under novel or extraordinary cir-  former to excite the greater odium  against the
cumstances.   Among these  were the occasions  accused, and the adoption of the process in quesupon which manifest crimles were alleged to have  tion must have been much more frequent than
been committed, and yet of such a nature as the  was absolutely necessary.
existing laws had failed to anticipate or at least    The first step taken by the informer was to redescribe specifically (&ypapa aitucKtaTra), the result  duce his denunciation to writing, and submit it
of which omission would have been, but for the  immediately to the cognizance of the council,
enactment by which the accusations in question  which had a discretionary power to accept or remight be preferred (YdJtos eiaayyeATKc's), that a  ject it. (Lys. c. Nicom. p. 185.) Schbmann mainprosecutor would not have known to what magis-  tains that a reference to this body was also necestrate to apply; that a magistrate, if applied to, sary when it was intended to bring the matter
could not with safety have accepted the indictment before the assembly of the people, but that its
or brought it into court; and that, in short, there  agency was in such cases limited to permitting
would have been a total failure of justice.  (Har-  the impeachment to be announced for discussion,
pocrat. s. v.)  The process in question was pecu-  and directing the proedri to obtain a hearing for
liarly adapted to supply these deficiencies; it the informer.  The thesmothetae are also menpointed out, as the authority competent to deter- tioned by Pollux (viii. 87) as taking part in bringmine  the criminality of the alleged act, the as- ing the matter before the assembly, but upon what
sembly of the people, to which applications for  occasion they were so employed we can only conthis purpose might be made on the first business- jecture.
day of each prytany (cutpia EKcuc;flea, Harpocrat.),    In causes intended for the cognizance of the
or the council, which was at all times capable of council only, after the reception of the denunciaundertaking such investigations; and occasionally  tion, three courses with  respect to it might be
the accusation was submitted to the cognizance of adopted by that body. If the alleged offence were
both these bodies.  After the offence had been  punishable by a fine of no greater amount than
declared penal, the forms of the trial and amount five hundred drachmae, the council itself formed a
of the punishment were prescribed by the same  court competent forli'trial; if it was of a graver
authority; and, as upon -the conviction of the  character they might pass a decree, such as that in
ofifenders a precedent would be established.for the  the case of Antiphon already mentioned, directing
future, the whole of the proceedings, although ex-  the proper officers to introduce the cause to a Hetraordinary, and not originating  in any specific  liastic court, and prescribing the time and forms
law, may be considered as virtually establishing a  of the trial, and the penalty to be inflicted upon
penal statute, retrospective in its first application. the conviction of the criminals; lastly, if the mat(Lycurg. c. Leocrtt. p. 149, ed Steph.)            ter were highly important, and from  doubts or
The speech of Euryptolemus (Xen. tell. i. 7.  other reasons they required the sanction of the
sub fin.) clearly shows that the crime charged  assembly, they might submit the cause as it stood
against the ten generals who fought at Arginusae  to the consideration of that body.  In the first
was one of these unspecified offences. The decree  case, the trial was conducted before the council
of the senate against Antiphon and his colleagues  with all the forms of an ordinary court, and if,
(Plut. Vit. Dec. Orcdor. p. 833, e), directing  upon the assessment of penalties, the offence seemthat they should be tried, and, if found guilty,  ed to deserve a heavier punishment than fell with.
punished as traitors, seems to warrant the infer-  in its competency, the trial was transferred to a
ence, that their delinquency (viz. having under-  Heliastic court, by the clelivery of the sentence of
taken an embassy to Sparta by order of the Four  the council (Ka7vriyowts) to the thesmothetae by
Hundred, a government declared illegal upon the  the scribe of the prytanes; and upon these officers
reinstatement of the democracy), did not amount  it then devolved to bring the criminals to justice.




448            EISANGELIA.                                        EISPHORA.
(DeIm. c. Timocr. p. 720.)  The accused were in  thenes (c. 1Meid. p. 542.14).  This passage, how.
tile meanwhile put into prison for safe custody by  ever, and an allusion to it in Harpocration, conthe authority of the council.  When the offense  stitutes the whole of our information upon the
was obviously beyond the reach of the senate's subject.  (Hudtwalcker, iiber die Dziitet. p. 19;
competency, the trial was dispensed with, and a  Meier, Att. Process, p. 270.)       [J. S. M.]
decree immediately drawn up for submitting the    EISITE'RIA  (dEest'Ipla), scil. Ep&d, sacrifices
cause to a superior court.                       which were offered at Athens by the senate beWhen a cause of this kind was so referred, the  fore the session began, in honour of the OEol Bovdecree of the senate, or vote of the people, asso- Aa&oi, i. e. Zeus and Athena.  (Antiph. De Chor.
ciated other public advocates, generally ten in num-  p. 789  Bickh, Cosp. Inscript. i. p. 671.)  The
ber, with the informer, who received a drachma  sacrifice was accompanied  by libations, and a
each from the public treasury (uvui/yopoi).  And  common meal for all the senators.  (Demosth. De
besides these, permission was given to any other Pals. Leg. p. 400. 24; compared with c. Mid.
citizen to volunteer his services on the side of the  p. 552. 2, where eioeqrTpa are said to be offered
prosecution.  If the information were laid before  for the senate, d7ri'p srs BovuArs).
the assembly, either by the accuser himself, or the    Suidas (s. v.) calls the eIetrr/pla a festive daysenate, the first proceedings in the cause had for the first of every year-on which all the Athenian
their object to establish the penalty of the offence, magistrates entered upon their office, and on which
or the apparent culpability of the accused; and this  the senate offered up sacrifices for the purpose of
being decided by a vote of the people after a public  obtaining the goodwill of the gods for the new
discussion, the mode of conducting the trial and  magistrates.  But this statement, as well as the
the penalty were next fixed.  In the case of the  further remarks he adds, seem to have arisen firon
ten generals, the assembly directed that the senate  a gross misunderstanding of the passage of Demosshould propose the requisite arrangements.  The  thenes (De Fals. Leg. p. 400), to which he refers.
plan of the senate, however, was not necessarily  Schimann  (De Coszit. p. 291, transl.) adopts the
adopted, but might be combated by rival proposals  account of Suidas, and rejects the other statement
of any private citizen.  The assembly very often  without giving any reason.           [L. S.]
referred the matter to the Heliastic courts, but    EI/SPHORA (eirpopd), literally a contribution
occasionally undertook the trial itself; and when  or tribute, was an extraordinary tax on property,
the prisoner was accused of treason, we are told  raised at Athens, whenever the means of the state
(Xen.. c.) that he made his defence to the assem-  were not sufficient to carry on a war.  The money
bly in chains, and with a keeper upon either side; thus raised was sometimes called  &a ctaTagra5AmaTn.
and, according to another authority (Schol. ad  (Demosth. c. Timmocr. p. 731.)  We must carefully
Aristoph. Eccles. 1081), that the time for such de-  distinguish between  this tax  and tIhe various
fence was limited.  After this the tribes voted by  liturgies which consisted in personal or direct serballot, two urns being assigned to each tribe for vices which citizens had to perform, whereas tihe
this purpose.  The informer, in the event of the Eoqi(popd consisted in paying a certain contribution
prisoner being acquitted, Awas subjected to no towards defraying the expenses of a war.  Some
penalty if he obtained the votes of as many as a ancient writers do not always clearly distinguish
fifth of the judges; otherwise, he was liable to a between the two, and Ulpian on Demosthenes
fine of a thousand drachmae.  For a more ample (Olynt/i. ii. p. 33, e.) entirely confounds them; and
discussion of the trials in question the reader is re- it is partly owing to these inaccuracies that this
ferred to Schimann (De Cbomitiis, c. iii.).      subject is involved in great difficulties.  At the
Besides the class of causes hitherto described, time when armies consisted only of Athenian citithere were also two others which equally bore the  zens, who equipped themselves and served without
name of eisangelia, though by no means of the  pay, the military service was indeed nothing but a
same importance, nor indeed much resembling it species of extraordinary liturgy; but when melin the conduct of the proceedings.  The first of cenaries were hired to perform the duties of the
these consists of cases of alleged KafcdczS, i. e. citizens, when wars became more expensive and
wrong done to aged or helpless parents, women, frequent, the state was obliged to levy contribuor orphans.  Upon such occasions the informer tions on the citizens in order to be able to carry
laid his indictment before the archon, if the  them  on, and the citizens then paid money for
aggrieved persons were of a free Attic family; or services which previously they had performed in
before the polemarch, if they were resident aliens. person.
The peculiarities of this kind of cause were, that    It is not quite certain when this property-tax
any Athenian citizen might undertake the accusa- was introduced; for, although it is commonly intion; that the informer was not limited as to time  ferred, from a passage in Thucydides (iii. 19), that
in his address to the court, and incurred no penalty  it was first instituted in 428 B. C. in order to dewhatever upon failing to obtain a verdict.  With  fray the expenses of the siege of Mytilene, yet we
respect to the accused it is obvious that the cause  find -empopda mentioned at an earlier period. (See
must have been  tn7Sr6dr, or, in other words, that Antiph. Tetral. i. 6. c. 12; Isaeus,De Dicaeog. c. 37;
the court would have the power of fixing the  and Tittmann, iriecdl. Staatsv. p. 41, note 31);
amount of the penalty upon conviction.'lhe third  and even the passage of Thucydides admits of an
kind of eisangelia was available against one of interpretation quite in accordance with this, for it
the public arbitrators (BLaMTe7r s), when any one  is certainly not impossible that he merely meant to
complained of his having given an unjust verdict say, that so large an amount as 200 talents had
against him.  The information was in this case  never before been raised as dElinopd. But, howlaid before the senate; and that the magistrate  ever this may be, after the year 428 B. C. this prowho had so offended, or did not appear to defend  perty-tax seems to have frequently been raised, fe.r,
himself, might be punished by disfranchisement, a few years afterwards, Aristophanes (Equit. 9'22
rwe know frolm the instance mentioned by Demos-  speaks of it as something of common occurence.




EISPHORA.'                EISPHOO. RA~.                                            9
Such a contributiou could never be raised without leaders of the symmoriae (seydves otif~uopifr),
a decree of the people, who also fixed upon the  and are often called the three hundred Kar' e4oX7'.
amount required  (Demosth. c. Potlyc. p. 120.8; They probably conducted the proceedings of the
Aristoph. Eccles. 818); the generals superintended  symmoriae, and they, or, which is more likely, the
its collection, and presided' in the courts where  demarehs, had to value the taxable property. Other
disputes connected with, or arising from, the levy-  officers were appointed to make out the lists of the
ing of the tax were settled.  (Wolf, Proley. in  rates, and were called einrypaq-?r, ha-ypaoeifs, or
Leptin. p. 94; Demosth. c. Boeot. p. 1002.)  Such   KcXAoyEs?.   WVhen the wants of the  state werel
disputes seem to have occurred rather frequently;  pressinlg, the 300 leaders, perhaps in connection
personal enmity not seldom  induced the officers to  with the 300 included in the second class -  for
tax persons higher than was lawful, according to  Ulpian, in the first portion of his remark, states
the amount of their property.  (Aristoph. 1. c.;  that the richer symmoria of every phyle had toDeemosth. c. Apkob. p. 815.)  The usual expres- perform  this duty -  advanced the money to the
sions for paying' this property-tax are: Eto(ipetC, others on the above-mentioned terms (Demosth. e.
XPsUMara, eo'-qwpesY  eirs Tb   7o'rdAeeo,, eis'V' o'e-  P/sacen2iep. p. 146), which, however, was never
tlPaV    TS rXs r    AecwTs eisQioppas eio'pEv, and those  done unless it was decreed by the people. (Denlosth.
who paid it were called oi eiole'povTes.  On the  c. Polcel. p. 1209.)  The rates of t-axation for the
occasion mentioned by  Thucydides, the amoiunt foulr classes havIe been made out with great probawhich was raised was, as we have seen, 200  bility by B1ckh (Publl. lon. p. 5199 2d edit.),
talents, which, if we suppose the taxable property  from wvhose vork the following table is taken:to have been 20,000 talents, was a tax of one per             Ca   f
cent.  (Bockh, Publ. Ecosz. p. 520, 2d edit.)  Oi          t        f     tzLclCe tlezts epczarcds.
other occasions, the rates were higher or lower, ac-  Property. Taxable. Taxable Capital.  Property-tax
cording to the wants of the republic at the time; 500 tal.              100 tal..      f0th pa. t
we have accounts of rates of a twelfth, a fiftieth, a  100,,.       0,.
hundredth, and a five hundredth part of the tax-   50  1,...   30 ml
able property.                                       15,,      9          
The census of Solon was during' the first period    12                  2   tal. 24 minl.   720 drach.
the standard according  to which the e1dopea  was
raised, runtil in  377 B. c., in the archonsbip of  Second C1ess, fi'o de si. tlesits azd slpsceads, but
Nausinicus, a new census was instituted, in which                      pdrc' tzcelse.
the people, for the purpose of fixing the rates of Property. Taxable.    T;xable Capital. Pofp1ethyptax
the property-tax, were divided into a  enumber of   11 tal.               1 tel.  50n min.  550 drach.
symlmoriae (aoueuxlopiat) or classes, similar to those   10,,..   1        40,,   500
which were afterwards made for the trierarch.                             1      20,,   400
(Philoch. CapudlcarLpocrat. s.v. s.vu//opL; Demosth.    7,,..   1,,   350
c. Androt. p. 606; Ulpian, ad Dewnost/z. Olynt/l. ii.,              1,,..  300
p. 33, E.)'The nature of this new census, not-                                                  s
withstanding the minute investigation of Bickll T/i'r'd Class, fJ;'one two talents uscwarids, biut unsder
(Publ. Econ. book iv), is still involvecd in great oh-                     six.
scurity.   Each of the tenl phylae, according to  Property. Taxable. Taxable Capital.   Property-tax
of its svealthier citizens,   5 tel...  375               of 1-20th part.
Ulpian, appointed 120 of its wealthier citizens,   5  tal.               3    _ _in.      1871 drach
who were divided into two parts, according to their   4,,.  -  30,
property, called symmroriae, each consisting of sixty   3.                   2 
persons; and the members of te we        r of the alth of t.  1,,       
two symnmoriae were obliged, in cases of urgent   2                      15 
necessity, to advance to the less wealthy the sumn                                          75
required for the eloqiopa (7rposcr)opad, Dcmosth. c. Ie,'tr s Class, froii thcenty-five sninsce zpsards, but
Slfid. p. 564, &c.).  When the wants of the state                   under two talents.
bad-been thus supplied, those who had  advanced  Property. Taxable. Taxable Capitala.   Property-tax
the money could at their ease, and in the usual                                           of 120th paiL
P   tal.  I  of900 dr-ch.  45  pratb.
way, exact their money back from those to whom          tl...  90   ach...  45 drach
they had advanced it.  The whole number of per-  1.              0                3
sons included in the symmoriae was 1200, who  45  min.                    00                15
were considered as the representatives of the whole              A        5*0 10      
republic; it would, however, as Bickh justly ob- 25,,..   12
serves, be absurd to suppose with Ulpian that    Every one had to pay his tax in the phyle
these 1200 alone paid the property-tax, and that where his landed property lay, as appears froln
all the rest were exempt from  it.   The whole  the oration of Demosthenes against Polycles; and
census of 6000 (Demosth. DI)e Syimnors.), or more  if any one refused to pay, the state had a right to
accurately of 5750 talents (Polyb. ii. 62. ~ 7), was  confiscate his estate, but not to punish the indisurely not the property of 1200 citizens, but the  vidual with atimia.  (Denlosth. c. Androt. p. 609,
taxable property of the whole republic.  lMany  e. Timoctat. p. 752.)  But if any one thought that
others, therefore, though their property was smaller  his property was taxed higher than that of another
than that of the 1200, lmust have contributed to  man on whom juster claims could be made, he had
the eeoqeopca, and their property must be considered  the right to call upon this person to take the offioo
as included iii the census of 5750 tatlents of tax-  in his stead, or to submit to a complete exchange
able property.                                      of property.  [ANTIDOSIS.]   No Athenian, on
The body of 1200 was, according to Ulpian, the other hand, if belonging to the tax-payilg
also divided into four classes, each consisting of classes, could be exempt fiom the eiopopd, not even
-300.  The first class, or the richest. were the  the descendants of Harmodius and Aristogiton.
G G




450             ELECTRUM.                                           ELECTRUM.
(Demosth. c. Leptin. p. 462, &c.) OrDhans, though  plural is almost alone sufficient to prove that the
exempt from liturgies, were obliged to pay the pro- meaning is, with amnber beaods. (Od. xv 460, xviii.
perty-tax, as we see in the instance of Demosthe-  295.)  In the former passage the necklace is
nes, who was one of the leaders of the symmoriae  brought by a Phoenician merchant.  The other
for ten years (c. Jlid. p. 565; compare Isaeus, passage is in the description of the palace of Meap. Dionys. Isaeus, p. 108; or Oirat. Gracec. vol. vii. nelaus, which is said to be ornamented with the
p. 331, ed. Reiske).  Even trierarchs were not brilliancy of copper (or bronze) and gold, and
exempt from   paying  the  Eartoopa  themselves,  electrum, and silver, and ivory.  (Od. iv. 73.)
although they could not be compelled to pay the  Now, since the metallic electrum was a mixture of
irpoeLariopa. (Demosth. c. Polycl. p. 1209, c.Phae-  gold with a small portion of silver, the enumeranipp. p. 1046.) It seems that aliens were likewise  tion of it, as distinct from gold and silver would
subject to it, for the only instance we have of any  seem anlmost superflLous; also, the supposition that
exception being made is one of aliens.  (Marm. it means amber agrees very well with the subseOxon. ii. xxiv.; Bickh, Publ, Econ. p. 538.)       quent mention of ivory: moreover, the order of
For further information concerning the subject the words supports this view; for, applying to
of the EsoqPopd, see the fourth book of Bbckh's  them  the principle of parallelism, - which is so
Public Economy of Athens; Wolf, Prolegyonena  common in early poets, and among the rest in
icn Leptin.; Waclhsmuth, Hellen. Alterlh. vol. ii. Homer, -  and remembering that the Homeric line
p. 98, 2d edit.; Hermann, Pol. Ant. of GrCeece, is really a distich divided at the caesura, we have
~ 162.                                 [L. S.]    gold and anmber very aptly contrasted with silver
ELAEOTHE'SIUM.  [BALNEAE, p. 190.]    and ivory:
ELAPHEBO'LIA  (EXaarpl~l6Ma), the greatest                      XpvCov' 7JEKTPO se
festival in the town of Hyampolis, in Phocis, which         Xa &pyvpov  r' dEo avTros.
was celebrated in honour of Artemis, in commemoration, it is said, of a victory which its inhabitants    In this last passage, Pliny understood the wood
had gained over the Thessalians, who hllad ravaged  to mean the metallic electrum  (H. N. xxxiii. 4.
the country and reduced the Phocians in the  s. 23); but his authority on the meaning of a pasneighbourhood of the town nearly to the last ex- sage of Homer is worthless.: and indeed the Latin
tremity.  (Plut. De ATul. Virt. p. 267; Paus. x. writers seem  generally to have understood the
35. ~ 4.)  The only particular which we know of word in the sense of the metal, rather than of
its celebration is, that a peculiar kind of cake  amber, for which they have another word, sac(e'Aepos) was made on the occasion.  (Athen. xv. cismnzm.  In Hesiod's description of the shield of
p. 646.)  These cakes were, as their name indi-  Hercules (v. 141), the word again occurs, and
cates, probably made in the shape of a stag or  we have gy!pSU12, and whiite ivory, and electrums,
deer, and offered to the goddess.  The festival of connected  with  shining gold and cyanus, where
the elaphebolia was also celebrated in many other amber is the more natural interpretation; although
parts of Greece, but no particulars are known.  here again, the Roman imitator, Virgil, evidently
(Etymol. Magn. s. v.'EXaqbr/o klci.)   [L. S.]    unaderstoold by it the metal. (Aen. viii. 402.) For
ELAPHEBO'LION.  [CALE.NDARIUM.]                 the discussion of other passages, in which the
ELECTRUM   (jXeKrTpos and  jxEIscpov), is meaning is more doubtful, see the Lexicons of
used by the ancient writers in two different senses, Liddell and Scott, and Seiler and Jacobitz, and
either for anzbesr or for a mixture of metals corm- especially Buttmann's Mlfythologus, Supp. I. Uelber
posed of gold and silver.  In the former sense, it das Electron, vol. ii. pp. 337, fell.
does not come within the scope of this work-, ex-    The earliest passage of any Greek writer, in
cept as a substance used in the arts, and also on  which the word is certainly used for the metal, is
account of the difficulty of deciding, with respect in the Antiqone of Sophocles (1038), where mento several of the passages in which the word  tion is made of Indian gold and the electrum  o.f
occurs. in which of the two senses it is used.  If  Sardis, as objects of the highest value.  There can
we could determine which was first known to the  be little doubt that what is here meant is the pale
Greeks, the mineral or the metal, the subject gold deposited by certain rivers of Asia Minor,
would be simplified; but the only means we have  especially the Pactolus, which contained a consi-'of determining this question is -the slight internal derable alloy of silver.  We have here an example
evidence of a few passages in Homer.  If, as we  of inative electrlzz; but the compound was also
shall endeavour to show, those passages refer to  made artificially.  Pliny states that when gold
amber, a simple-explanation of the twofold use of contains a fifth part of silver, it is called electrz;z 
the word suggests itself; namely, that the word  that it is found in veins of gold; and that it is
originally meant amber, and that it was afterwards  also made by art: if, he adds, it contains more
(applied to the mixed metal, because its pale yellow  than a fifth of silver, it becomes too brittle to be
colour resembled that of amber.  Etymologically, malleable.  Among its properties are, according to
the word is probably connected with  AXEKTop, the the same author, the reflecting the light of a lamp
sun. the root-meaning being brilliant. (Pott, Fty/z. more brightly than silver, and that a cup of native
lForsch. pt. i. p. 237: this derivation was known to  electrumn detects the presence of poison by certain
Pliny, H. N. xxxvii. 2. s. 11: Buttmann's deriv-  signs.  One cannot but suspect that the last state.
ation from A"ircn, to drawz, is objectionable both on  ment is copied from some Greek writer, who made
philological and historical grounds: the attractive  it respecting amber, on account of the similar propower of amber, when rubbed, is said, and no  perty that used to be attributed to opal.  (Plin.
doubt correctly, to have been discovered long after  IH..  xxxiii. 4. s. 23, with Harduin's note; comp.
the mineral was first known.)                     ix. 50. s. 65; Paus. v. 12. ~ 6.)  Isidorus also disThe word occurs three times in Homer; in two  tinguishes the three kinds of electrum, namely,
cases where mention is made of a necklace of gold, (1) amber; (2) the metal, found in its natural
bound, or held together, kXEt'rpoisbv, where the  state; (3) the metal artificially composed of tihre




I]LEPHAS.                                          ELEPIIAS.                  451
parts of gold and one of silver, proportions differ-  viii. p. 372).   While  the sculptor wrought at
ing from those mentioned by Pliny.  (Isid. xvi. once upon a material, which had been compara23.)                                               tively neglected in the early stages of art, on acEilectrum  was used for plate, and the other count of the difficulty of working it, while the
similar purposes for which gold and silver were  statuary reproduced in a more durable substance
employed.  It was also used as a material for those forms which had been first moulded in a
money.  Lampridius tells  us, that Alexander  plastic material, another class of artists developed
Severus struck coins of it;  and coins are in  the capabilities of the other original branch of'
existence, of this metal, struck by the kings of sculpture, carving in wood, which, on account of its
Bosporus, by Syracuse,  and  by other Greek  facility, had been the most extensively practised
states.  (Eckhel, Doct. Num. Vet. vol. i. pp. xxiv. in early times, especially for the statues of the
Xxv.)                                   [P. S.]    gods.  (Comp. STATUARIA, and Diet. of Biog. art.
E'LEPHAS (EAXEas).  As we have to speak  Daedasls.)  The rude wooden images were not
of ivory chiefly in connection with Greek art, we  only improved in form, but elaborately decorated,
place what we have to say of it under its Greek  at first with colours and real drapery, and aftername, in preference to the proper Latin word  wards with more costly materials.  The first great
Ebur.  (ElelioantLus is also used in poetry for step in their improvement was to make the parts
ivory; Virg. Georg. iii, 2G, Aen. iii, 464, vi, 896.)  which were not covered by drapery, namely the
In the early writers, such as Homer, Hesiod, and  face, hands, and feet, of white marble; such statues
Pindar, the word invariably means ivory, never the  were called acco liths.  The next was to substitute
eleplsant; just because the Greeks obtained ivory  plates of ivory for the marble; and the further imby conmmerce long before they ever saw, or had  provement, the use of beaten gold in place of real
occasion to speak of, the animal from which it was  drapery, constitutrd the clasyselepshantine statues.
obtained.  But, on the other hand, there can be  This art was one of those which have attained to
no doubt that the word etymnologically signifies the  their perfection almost as soon as they have reanimal, being identical with the Hebrew  and  ceived their first development.  There were some
Arabic, Alepih and Elef; which means an ox or  works of this description before the time of Pheiother large graminivorous animal; that is to say, dias*; but the art, properly regarded, was at
the Greeks received the substance ivory, together  once created and perfected by him; and the reason
with the namne of the animal which produces it, and  for its immediate perfection was, that the artist
naturally applied the latter to the former.  (Re-  was prepared for his work, not only by his genius,
specting the name see further Liddell and Scott's  but also by a perfect knowledge of the artistic
Lericon, and Pott's Ety7m. For'SCe. pt. i. p. lxxxi.)  laws, and the technical processes, of all the other
Hterodotus, as might be expected from his researches  departments of his art.
in Asia and Africa, knew that ivory came from        Chryselephantine statuary, as practised by Pheithe teeth of the elephant. (iv. 191; Plin. I. N.  dias, combined, in addition to that perfection of
viii. 3. s. 4); while on the other hand writers as form  which characterised all the great works of
late as Juba (Plin. i. c.) and Pausanias (v. 12. s. i.)  the age, the elements of colossal grandeur, exquifell into the mistake of regarding the tusks as  site beauty and delicacy of material, and the most
horns.                                            rich and elaborate subsidiary decorations.  The
The earliest mention  of ivory  in a Greek  general effect of his Zeus or Athena was that of
writer is in a passage of the Iliad (v. 583), where  the most imposing grandeur and the most perfect
it appears as an ornament for harness (i7v'a XEvSc' illusion to which art can attain.  In a bronze or
e'Xpavm'r).   In the Odyssey its use as an article of marble statue the material at once dispels the
luxury is so often referred to, that it is needless to  illusion of reality; but the impression produced
enumerate the passages, which prove how exten- upon a spectator by the soft tints of the ivory, the
sively the Phoenician traders had introduced it coloured eyes and the golden robe of the Olympian
into the Greek cities of Asia Minor, and no doubt Zeus, to say nothing of the expression of the feaalso into Greece Proper.  It appears among the  tures and the figure, was almost that of looking
ornaments of houses, furniture, vessels, armour, upon the praesens numzen.  These statues were the
harness, and so forth.  Neither is there any oc- highest efforts ever made, and probably that ever
casion to trace its continued use among the Greeks  call be made, to invest a religion of idolatry with
and Romans, down to the luxurious and expensive  an external appearance of reality; and for the
period of the empire, when the supply furnished by  sake of this immediate effect the artist was willing
increased commerce was greatly enlarged by the  to forego the lasting fame which he would have
prodigious quantity of elephants, which were pro-  obtained if he had executed his greatest works in
vided for the slaughters of the amphitheatre.  It a more durable material.
was used, not only as an ornament for, but as the    The most celebrated chryselephantine statues in
entire material of chairs, beds, footstools, and other  Greece and the Greek states were those of Athena
furniture, statues, flutes, and the frames of lyres, in the Acropolis of Athens, of Zeus at Olympia, of
besides many other objects.                        Asclepius at Epidaurus, all three by Pheidias;
The most important application of ivory was to  the Hera near Argos by Polycleitus (whose works
works of art, anld especially to those statues wvhich, ill this department are esteemed by some the most
being composed of gold and ivory, were called  beautiful in existence, though others considered
chryselephantine (XpveAeePi'Trlv'a).               them far inferior to those of Pheidias: comp. Strab.
The art of chryselephantine statuary must be  viii. p. 372; Quinltil. xii. 10); the Olympian Zeus,
regarded as a distinct subdivision, different from                                         -.
casting in bronze, and sculpturing in marble, and      Mention is made of chryselephantine statues
indeed more nearly connected with carving in  by Dorycleides, Theocles, Medon, Canachus, Mewood, as is even indicated by the application of the  naechmus, and Suidas.  (See the articles in the
name ~4ava to the master works in this art (Strab.  Diet. of' Bioqi)
0G2




8452              -~ELEPHAS.                                         ELEUSINIA.
set up at Daphne by Antiochus IV., in imitation  ing of which are writing tablets (&.Erol, libri sceof that of Pheidias; certain statues, in the temple  p/hanstini), with two, three, five, or more leaves
of Zeus Olympius at Athens, which are praised,  (di.tyclCa tritpclha, pensptschac, &c.), either enbut not specified, by PauLsanias: and even some of tirely of ivory, or with the leaves of parchment and
the Greek kings of the conquered states of Asia  the covers of ivory: the covers are carved in relief.
arrogated to themselves this highest honour that  fhese tablets are chiefly of the later ages of Rome,
the piety of earlier times could pay to the gods; and are divided into two classes, Consstlorsia and
for Pausanias saw, in the temple of Zeus at Ecclesiasticc,, which are distinguished by the carvOlympia, an ivory statue of king Nicomnedes (v. ings on their covers; those on the former being
12. ~ 5).  The chief of the above works are fully  figures of consuils at the poompa Circensis, missiones,
described  in the Dictionary of Biogeaphy, arts. and so forth, those on the latter representing bibliPhieidias, Polyeleitus.                             cal subjects (iMiiller, 1. c. n. 3). The teeth of the
The question  respecting the mechanical execu-  iihippopotaus  were sometimes used as a substition of chryselephantine statues involves certain  tute for ivory in works of art. (Paus. Yiii. 46.
difficulties, which have been very elaborately and  ~ 2.)                                   [P. S.]
ingeniously examined by Quatremere de Quincy,    ELEUSI'NIA  ('EEvaouert), a  festival and
in his splendid work entitled " Le Jupiter 0lyr1 - mysteries, originally celebrated only at Eleusis in
pien, ou, l'Art de la Sculpture Antique, consid6re  Attica, in honour of Demeter and Persephone.
sous un nouveau point de ~ue:" &c. Paris, 1 811,  (Anldoc. De Mlyst. 15.) All the ancients who have
folio.  A very slight consideration of the material  occasion to mention the Eleusinian mysteries, or
emlpl.yed will show the nature of the difficulties. t1he mysteries, -as they were sometimes called, agree
From a log of wood or a block of marble the re-  that they were the holiest and most venerable of
qulired figure can be elaborated by cutting away  all that were celebrated in.Greece. (Aristot. Rlet.
certain portions: clay can be moulded, and bronze  ii. 24; Cic. De Nat. Deor. i. 42.)  Various tradi~or plaster cast, in the form previously determined  tions were current among the Greeks respecting
on-: but the material for an ivory statue is pre-  the author of these mysteries; for, while some contsented in piec-s which must be made to assume an  sidered Eumolpus or Musaeus to be their founder,
entirely new form  before the worlk can be com-  others stated that they had been introdulced frosn
menced.   Now  De Quiincy supposes  that the  Egypt by Erecllthes, -who at a -tine of scarcity
ancients possessed the art, now lost, of cutting the  provided his country with corn from  Egypt, andc
curved parts of the elephant's tusk into  thin  imported from  the same quarter the sacred rites
plates, varying in breadth up to 1-2 or even 20  and mysteries of Eleusis.  A third tradition attriinches, and bending them  into the exact curves  butecl the institution to Demeter herself; who, awhen
required by the various parts of the'figure to be  wadoering about in search of her daughter, Persecovered.  These plates, having been brought to  phone, was believed to have come to Attica, in the
their proper forms by comparison with a model, on  reign of Erechtheus, to have supplied its inhabllitwhich each of them was marked, were placed upon  ants with corn, and to have instituted the'ceXeTcr
the core  of the statue, which was -of wood, and mysteries at Elcusis. (Diod. Sic. i. 29; Isocrat.
strengthened with metal rods, and were fastened  Paoiely/r. p. 46, ed. Steph.)   This last opinion
to it and to each other chiefly by isinglass; -and  seems to have been the most common among the
of course the whole surface was polished.  (An  ancients, and in subsequent times a stone, called
excellent account of the process, according to De  adyEAav-os'r   rpoa (triste saxum), was showan near
Quincy's views, -is given in the work  entitled  the well Callichoros -at Eleusis, on which the godA1Iencgqeries, vol.. ii. c. 13.)   The ivory was used  doess, overwvhelmed with gtief and 4f tigue, awas befor the flesh parts, that is, in the colossal statues  lieved to have rested on her arrival in Attica.
of the deities, the face, neck, breast, arms, hsands, (Apollod. Biblieofl. i. 5; Ovid.'ast, iv. 5029 &c.)
and feet.  The other parts of the wooden core  Around the well Callichoros, the Eleusinia na women
were covered with thin beaten gold, to represent were said to have first performed their chorus, and
the hair -and drapery, which was affixed to the  to have sung hymns to the goddess.  (Pans. i. 38.
statue in such a Inanner as to be taken off at -plea-  ~ 6.)  All the accounts and allusions in ancient
sure, as, ultimately, it was.   The gold -was in  awriters seem  to warrant the conciussion that the
many places embossed and chased; and colours  legends concerning the introduction of the Eleuwere freely employed.  The eves were formed  sinia are descriptions of a period when the inhabit.
either of precious stones or of coloured marbles. ants of Attica were becoming acquainted with the
To preserve the ivory from injury, -either from too  benefits of agriculture, and of a regularly constimunch or too little moisture, oil was poured over it tuted form  of society.   (Cic. LDe Leg. ii. 14, in
in the first case, water in the second.  (Comp.  Verr. v. 14.)
Diet. of B/iq. art. Pceidias, and Miiller, Arch. d.    In the reign of Erechitheus a war is said to have
Kuznst, ~ 312.)  The prodigious quantities of ivory  brolken out between the Athenians and Eleusinians
required for these works were imported, in the  (Hernann, Polit. Antiq. of Greece, ~ 91. note 9),
time of Phleidias, chiefly from Africa.  (Hermipp.  and when the latter were defeated, they acknowap. A tl. i. p. 27.)                                ledged the supremacy of Athens in evesy thing exThe other uses of ivory in the arts were chiefly  cept the TsEAETrU, which they wished to conduct
the making of statuettes and other small objects,  and regulate for themselves.  (Thucyd. ii. 15;
which could be carved at once out of the solid part  Paus. i. 38. ~ 3.)  Thus the superintendence reof the tusk; and for sucih purposes it seems to  mained with the descendants of Eumolpus [Erlhave been employed from  a very early period.  MsOIPIDAE], the daughters of the Eleusinian king
Thus on the chest of Cypselhis there were ivory  Celeus, and a third class of priests, the Keryces,
figures in relief (Paus. v. 17. ~ 2). Various small who seem  likewise to have been connected with
-works in ivory have come down to us, belonging  the family of Eumolpns, though they themselves
to all periods of the art, among the most interest-  traced their origin to Hermes and Aglauros.




VLEUSINIA.                                            ELEUSINTA.  4.53
At the time when the locai governments   of the  remsiled during the solemnities in the vestibule.
several townships of Attica were concentrated at  (Seneca, Qzuaest. N1at. vii. 31.)
Athens, the capital became also the centre of reli-    The great mysteries were celebrated every yeargion, and several deities who had hitherto only en-  in the month of Boedromilion  duri-ng ninre days,
joyed a local worship, were nowraised to the rank  from  the  15th to the 23d (Plut. Delseft,. 26
of national gods.  This seems also to have been  Meursius, Eleuesin. c. 21); both  at Athens and
the case with the Eleusinian goddess, for in the  Eleusis.   The  initiated  were called E'7rdiral or
reign of Theseus we find mention. of a temple at  Epuvpol. (Srlidas, s. v.)  On the first day, those
Athens, called Eleusinion (Thucyd. ii. 17), pro-  who had been initiated  in the lesser Els usiiia,.
bably the new and national sanctuary of Demeter.  assembled  at Athens,  whence  its name  was
Her priests and priestesses now became naturally  yvpedr  (Hesychll. s..); but strallners who wished,
attached to the national temple of the capital,  to witness the celebration of' these nation:Il s(thousgh her original  place of worship at Eleusis, lemnities likewise visited Atlens in greatt nnilllers.
with which so many sacred associations were con-  at this season, and we find it expressly stated:
nected, still retained its importance and its special  that Athens was crowd ed  with  visitors on the
share in the celebration of the national solemnities;  occasion.   (Maxim. Tyr. Dissrwt.  33. sl/h fi/.;
and thougth, as we shall see hereafter, the great  Philostrat. Vit. Apoll. iv. 6.)  On the secomld day:
Eleusinian festival was commenced at Athens, yet  the mystae went in solemn procession to the seaa numerous procession always wvent, on a certain  coast, where they underwent a puriification. HIence'day, to Eleusis: it was here that the most solemn  the day was called "AXa3e uo-rai,- probably the
part of the sacred rites was performed.               conventional phrase by which the sarystae were in.We must distinguish between the greater Eleu-  vited to assemble for the purpose, (Hesyah. s. 
sinia which were celebrated at Athens and Eleusis,  Polyaen. iii. 11.)  Suildas (s. v.'Ptrol: collmpare
and the lesser which were held at Agrae on the  Panus. i. 38. ~ 2.) mentions two rivulets, called
Ilissus. (Steph. Byz, s, v.'Aypa.)  From  the tra-  PeEtvoi, as the place to which the mystae awenlt in
dition respecting the institution of the lesser Eleu-  order to be purified.  Of the third dtaL  scarcely
sinia, it seerns to be clear, that the initiation into  anything is known with certainty; we only learn
the Eleusinian mysteries was originally confined to  from Clemens of Alexandria (Potreipt. p. 11, ed..
Atticans only; for it is said that Heracles, before  Potter) that it was a day of fasting, and that in
descending into the lower world, wished to be ini-  the evening a frugal meal was taken, which con'
tiated, but as the law did not admit strangers, the  sisted  of cakes  made  of  sesame  and  honey.
lesser Eleusinia were instituted in order to evade  Whether sacrifices were offered on this day, as
the law, and not to disappoint the-great benefactor~ Meursius supposes, is uncertain; but that which
of Attica.  (Schol. ad Alristopls. Plut. 846.) Other  he assigns to it consisted of two kinds of sea-fish
legsends concerning the initiation of Heracles do  (rTpiyAX-  and jualv's, Athen. vii. p. 32.5), and of
not mention the lesser Eleusinia, but merely state  cakes of barley grown in the Rharian plain.  (Pains
that hle was adopted into the family of one Pylius,  i. 38. ~ 6.)  It may be, however, that this sacriinii order to beconle lawfully intitled to the initia-  flee belonged to the fourth day, on which also the
tion.  But both traditions in reality express the   ca Ad0os KctdO3OS seems to have taken place.  This
same tling, if we suppose that the initiation of  was a procession with a basket containing pomeHI-eracles was only the first stage ir the real, ini-  granates and poppy-seeds; it was carried  on a
tiation; for the lesser Eleusinia were in reality  waggon drawn by oxeli, amd women followed with
only a preparation (qr.potcdaOapTs, or 7rpoy'sEv0rrts)  small mystic cases iii their hands. (Callim. /Hyms.
for the real mysteries.  (Schol. ad Aristopi7.h 1. c.)  in Cer.; Virg. G(eog. i. 166; Meursius, L. c. 25.)
After the time when the lesser Eleusinia are said  On the fifth  day, which  appears to have been
to have been instituted, we no longer hear of the  called the torch day (s'1 -wt X[a/uardwv. &oesjpa), the
exclusion of any one from  the mysteries, except  mystae, led by the  a3o0q;xos, went in the evening
barbarians; and  I-terodotus  (viii. 65) expressly  with torches to tile temple of Demeter at Eleuisis
states, that any Greek who wished it, might be  where they  seem  to  have remained during the
initiated.  The lesser Eleusinia were held every  following night.  This rite rasprobably asymbolih
syear in the month of Anthesterion (Plut. Deussetr.  cal representation  of Demeter wvandering   abomit'26), and, accordinig to some accounts, in honour of in search of Persephone,  The sixth day, cailed
Persephone alone.  Those who were initiated in  Ialchos (Hesych. s. v.'IaecXo'-), was the most
theln bore the name of mystae (pif'Oal, Suidas, s. v.  solemn of all.   The statue  of Iakchos, son of'Esriar-T7s), and had to wait at least another year  Denmeter, adorned wvith a garland of myrtle and
before they caould be admitted to the great mys-  bearing a torch in his halnd,. was carried along the
teries.  The principrd rites of this first stage of sacred road (Plut. Alcib. 34; Etymol. Magn., and
initiation consisted in the sacrifice of a sow, which  Suidas, s,.'Iepa'O8's) samidst joyous shouts
the mystae seem to have first wvashed in the Can-  (iaieXi(esv) and songs, from  the Cerameicus to
tharns (Aristoph. Acsarns. 703, with the Schol.  Eleusis.  (Aristoph. Ran. 315, &c.; Plut. Pho720, and Pacia, 368; Varro, De Re Rust. ii. 4;  cion, 28, and  Valcken. ad  HIerod.  viii. 65.)
Plut. Plsoc. 28), and in the purification by a priest,  This solemn procession was accompanied by great
iwho bore the nalme of ITydranos.  (Hesych. s. v.  numbers  of followers  and spectators, and  the'Trpavo's; Poly aen. v. 17.)  The raystae had also  story  related by Herodotus is founded  on  the
to take an oath of secrecy, which was administered  supposition  that 30,000  persons walking alon,
to them by the mystagogus, also called iepopriv77s  the sacred  road  on this occasion  was nothitng
or rpopirgTs:  they received some kind  of pre-  uncoummon.  During the night from  the sixth ta
paratory instruction, which enabled  them  after-  the seventh day the mystae remained at EIeuwards to understand  the mysteries which were  sis, and  were initiated  into the last mysteries
revealed to them in the great Eleisinia; they wvere  (Iro7rTe[a).   Those who were neither e'ror'ar
not admitted into the sanctuary  of Demeter, but  wnor,rm w        ere sent awyay by a herald.  The
GG3




454              ELEUSINIA.                                       ELEUTHERIA.
mystae now repeated the oath of secresy which  while celebrating the festival, could be seized or
had been administered to them  at the lesser Eleu- arrested for any offence. (Demosth. c. Mid. p. 571.)
sinia, underwent a new purification, and then they  Lycurlgs made it a law that any woman using a
were led by the mystagogus in the darkness of carriage in the procession to Eleusis should be fined
night into the lighted interior of the sanctuary  one thousand drachmae.  (Plut. De Cup. Div. ix.
(Owra-yw-7?ya), and were allowed to see (abV'roia)  p. 348; Aelian, Y. H. xiii. 24.)  The custom
what none except the epoptae ever beheld.  The  against which this law was directed seems to have
awful and horrible manner in which the initia- been very common before.  (Demosth. c. Mid.
tion is described by later, especially  Christian  p. 565.)
writers, seems partly to proceed from  their igno-    The Eleusinian mysteries long survived the inrance of its real character, partly from their horror  dependence of Greece. Attempts to suppress them
and aversion to these pagan rites.  The more  were made by the emperor Valentinian, but he
ancient writers always abstained from   entering  met with strong opposition, and they seem to have
upon any description of the subject.  Each in-  continued down to the time of the elder Theododividual, after his initiation, is said to have been  sins.  Respecting the secret doctrines which were,
dismissed by the words Hcoyt, ourad (Hesych. s. v.), revealed in them to the initiated, nothing certain
in order to make room for other mystae.            is known.  The general belief of the ancients was
On the seventh day the initiated returned to  that they opened to man a comforting prospect of
Athens amid various kinds of raillery and jests, a future state.  (Pind. Tirten. p. 8. ed. Bickh.)
especially at the bridge over the Cephisus, where  But this feature does not seem to have been origithey sat down to rest, and poured forth their ridi- nally connected with these mysteries, and was procule on those who passed by.  Htence the words  bably added to them at the period which followed
yfsPvpiSe'r   and  yepvprotdos (Strabo, ix. p. 395; the opening of a regular intercourse between Greece
Suidas, s. v. reqsvpiov: Hesych. s. v. reqpvpLoTai:  and Egypt, when some of the speculative doctrines
Aelian, Hist. Animal. iv. 43; Miiller, Hgist. of the  of the latter country, and of the East, may have
Lit. of Greece, p. 132). These oa ckx1uara seem, been introduced into the mysteries, and hallowed
like the procession with torches to Eleusis, to have  by the names of the venerable bards of the mythibeen dramatical and symbolical representations of cal age.  This supposition would also account, in
the jests by which, according to the ancient legend, some measure, for the legend of their introduction
Iambe or Baubo had dispelled the grief of the god- from Egypt.  In modern times many attempts have
dess and made her smile.  We may here observe, been made to discover the nature of the mysteries
that probably the whole history of Demeter and  revealed to the initiated, but the results have been
Persephone was in some way or other symbolically  as various and as fanciful as might be expected.
represented at the Eleusinia.  Hence Clemens of The most sober and probable view is that, acAlexandria (Protrept. p. 12, ed. Potter) calls the  cording to which, " they were the remains of a
Eleusinian mysteries a " mystical drama."  (See  worship which preceded the rise of the Hellenic
Miiller, Iist. of tile Lit. of' Greece, p. 287, &c.)  mythology and its attendant rites, grounded on a
The eighth day, called'Emnravppa, was a kind of view  of nature, less fanciful, more earnest, and
additional day for those who by some accident had  better fitted to awaken both philosophical thought
come too late, or had been prevented from being  and religious feeling." (Thirlwall, IHist. of Greece,
initiated on the sixth day.  It was said to have  ii. p. 140, &c.)  Respecting the Attic Eleusinia
been added to the original number of days, when  see Meursius,.Eleusinia, Lngd. Bat. 1619; St.
Asclepius, coming over from Epidaurus to be in- Croix, Reclierc;les Hist. et C0ritiq. suzr les MIyste'e.s
itiated, arrived too late, and the Athenians, not to  dzu Paganismne (a second edition was published in
disappointtlhe god, added an eighth day. (Philostr.  1817, by Sylvestre de Sacy, in 2 vols. Pariis)
Vit. Apoll. iv. 6; Paus. ii. 26. ~ 7.)  The ninth  Ouwaroff, Essai sr les il]ystires d'Eleusis, 3d ediand last day bore the nalme of rsrXtaoX0al (Pollux,  tion, Paris, 1816; Wachsmuth, Hell. Alter. vol. ii.
x. 74; Athen. xi. p. 496), from  a peculiar kind  p. 575, &c. 2d edit. p. 249, &c.; Creuzer, Sylmbol.
of vessel called;rAp7toxomvj, which is described as a  mt. ifytlol. iv. p. 534, &c.; Nitzsch, De Eleusins.
small kind of tcrrvXos.  Two of these vessels were  Ratione, Kiel, 1842.
on this day filled with water or wine, and the con-    Eleusinia were also celebrated in other parts of
tents of the one thrown to the east, and those of Greece.  At Ephesus they had been introduced
the other to the west, while those who perfolmed  feom Athens. (Strabo, xiv. p. 633.)  In Laconia
this rite uttered some mystical words.             they were, as far as we know, only celebrated by
Besides tle various rites and ceremonies described  the inhabitants of the ancient town of Helos, who
above, several others are mentioned, but it is not on certain days, carried a wooden statue of Perknown to which day they belonged. Among them  sephone to the Eleusinion, in the heights of Taywe shall mention only the Eleusinian games and  getus. (Paus. iii. 20. ~ 5, &c.) Crete had likewise
contests, which Meursius assigns to the seventh  its Eleusinia.  (See Me-urs. Eleus. c. 33.) [L. S.]
day. They are mentioned by Gellius (xv. 20), and    ELEUTHE'RIA. (ieEvOepa), the  feast of
are said to have been the most ancient in Greece. liberty, a festival -rwhich the Greeks, after the
The prize of the victors consisted in ears of barley. battle of Plataeae (479, B. c.), instituted in honour
(SchoI. ad Pined. 01. ix. 1.50.)  It was considered  of Zeus Eleustherios (the deliverer).  It was inllas one of the greatest profanations of the Eleusinia, tended not merely to be a token of their gratitude
if during their celebration an arTtLAos camie as a sup- to the god to whom they believed themselves to be
pliant to the temple (the Eleusinion), and placed  indebted for their victory over the barbarians, but
his olive branch (KCesTpIa) in it (Andoc. De Myst. also as a bond of union among themselves; for, in
p. 54); and whoever did so might be put to death  an assembly of all the Greeks, Aristides carried a
without any trial, or had to pay a fine of one thou- decree that delegates (7rpodovuAoX  al aeWopol) fromn
sand drachmae.  It may also be remarked that at all the Greek states should assemble every year at
bther festivals, as well as the Eleusinia, no man, Plataeae for the celebration of the Eleutheria. The




EMANCIPATIO.                                       EMANCIPATIO.                  465
town itself was at the same time declared sacred  another'person who manumitted him,- tpon which
and inviolable, as long as its citizens offered the an-  he returned into the power of the father.  This
nual sacrifices which were then instituted on behalf was repeated, and with the like result.  After, a
of Greece. Every fifth year these solemnities were  third sale, the paternal power was extinguished,
celebrated with contests (&uy&'v r'&c'EAeuv0Eptwv)  but the son was resold to the parent, who then
inl which the victors were rewarded with chaplets  manumitted him, and so acquired the rights of
(&d&yu 7U'YVeCubcs  oTE'avIris, Strab. ix. p. 412). a patron over his emancipated son, which would
The annual solemnity at Plataeae, which con-  otherwise have belonged to the purchaser who gave
tinued to be observed down to the time of Plutarch  him his final manumission.
(Aristid. 19, 21; Paus. ix. 2. ~ 4), was as follows:-  The following view of emancipatio is given by a
On the sixteenth of the month of Maimacterion, a  German writer: -" The patria potestas could not
procession, led by a trumpeter, who blew the signal  be dissolved immediately by manlmiss io, because
for battle, marched at daybreakl through the middle  the patria potestas must be viewed as an imaperium,
of the town.  It was followed by waggons loaded  and not as a right of property like the power of a
with myrtle boughs and chaplets, by a black bull, master over his slave.  Now it was a fundamental
and by free youths who carried the vessels con-  principle that the patria potestas was extinguished
taining the libations for the dead.  No slave was  by exercising once or thrice (as the case might be)
permitted to minister on this occasion. At the end  the right which the pater familias possessed of sellof this procession followed the archon of Plataeae,  ing or rather pledging his child.  Conformably to
who was not allowed at any other time, during his  this fundamental principle, the release. of a child
office, to touch a weapon, or to wear any other but  from the patria potestas was clothed with the form
white garments, now wearing a purple tunic, and  of a mancipatio, effected once or three times.  The
with a sword in his hand, and also bearing an urn, patria potestas was indeed thus dissolved, though
kept for this solemnity in the public archive (ypact-  the child was not yet free, but came into the coni Mpukdcmov).  When the procession came to the  dition of a nexus.  Consequently a manumissio was
place where the Greeks, who had fallen at Pla-  necessarily connected with the mancipatio, in order
taeae, were buried, the archon first washed and  that the proper object of the emancipatio  might be
anointed the tombstones, and then led the bull to  attained.  This manumissio must take place once
a pyre and sacrificed it, praying to Zeus and Her-  or thrice, according to circumstances.  In the case
ures Chtlhonios, and inviting the brave men who  when the manumissio  was not followed by a return
had fallen in the defence of their country, to take  into the patria potestas, the manumiissio was atpart in the banquet prepared for them.  This ac-  tended with important consequences to the manucount of Plutarch (Aristid. 19 and 21) agrees with  missor, which consequences ought to apply to the
that of Thucydides (iii. 58).  The latter, however,  emancipating party. Accordingly, it was necessary
expressly states that dresses formed a part of the  to provide that the decisive manumission should be
offerings, which were probably consumed on the  made by the emancipating party; and for that
pyre with the victim.  This part of the ceremony  reason a remancipatio, which preceded the final
seems to have no longer existed in the days of Plu-  manumlissio, was a part of the form of emancipatio."
tarch, who does not mention it, and if so, the Pla-  (Unterholzner 7eitschlrf?, vol. ii. p. 139; Von den
taeans had probably been compelled by poverty to forszesz der Jllczsunzissio per' Ti'ndictan  und de'r
drop it. (See Thirlhwall's Hist. of Greece, ii. p. 353, Emancipa tio.)
&c.; BMckh, HE.pl. Pind. p. 208, and ad Corp.    The legal effect of emancipation was to make
Inseript. i. p. 904.)                              the emancipated person becone sui juris: and all
Eleutheria was also the name of a festival cele-  the previously existing relations of agnatio between
brated in Samos, in honour of Eros.  (Athen. xiii.  the parent's familia and the emancipated child
p. 562.)                               [L. S.]    ceased at once.  But a relation analogous to that of
ELLIME'NION    (eAXtlex'tv).   [PENTE-  patron and freedman was formed between the percosT..]                                           son who gave the final emancipation and the child,
ELLO'TIA  or HELLOTIA  (EhAXc-rma or Ei-  so that if the child died without children or legal
Ai'ra), a festival with a torch race celebrated at  heirs, or if he required a tutor or curator, the rights
Corinth in hoilotir of Athena as a goddess of fire. which would have belonged to the father, if he had
(Schol. Pinld. 01. xiii. 56; Athen. xv. p. 678; not emancipated the child, were secured to him as
Etymol. s. v.'EAX-rls).                          a kind of patronal right, in case he had taken the
A festival of the sanle name was celebrated il  precaution to secure to himself the final manumisCrete, in honour of Europe.  The word EX'AwTrs, sion of the child.  Accordingly, the father would
fromn  which the festival derived its name, was, always stipulate for a remancipatio from the puraccording to Seleucus (op. Atrlen. I.c.), a myrtle  chaser: this stipulation was the pacturn fiduciae.
garland twenty yards in circumference, which    The emancipated child could not take any part
was carried about in the procession at the festival  of his parent's property as heres, in case the parent
of the Ellotia.  (Compare Hesych. and Etymol.  died intestate.  This rigor of the civil law (jsuris
Mlagn. s. v.'EAXXrTa.)                [L.S.]    iniqzitates, Gains, iii. 25) was modified by the
ELLY' CHNIUM  [LtUCERNA.]                       praetor's edict, which placed emancipated children,
EMANCIPA'TlO  was an act by which the  and those who were in the parent's power at the
patria potestas was dissolved in the lifetime of the  time of his death, on the same footing as to suc.
parent, and it was so called because it was in the  ceeding to the intestate parent's property.
form  of a sale (9naacipatio).  By the Twelve        The emperor Anastasius introduced the practice
Tables it was necessary that a son should be sold  of effecting emancipation by an imperial rescript,
three times in order to be released from the paternal  when the parties were not present. (Cod. 8. tit. 49.
power, or to be suijuris. In the case of daughters  s. 5.)  Justinian enacted that emancipation could
and grandchildren, one sale was sufficient.  The  be effected before a magistrate.  But he still alfather transferred the son by the form of a sale to  lowed, what was probably the old law, a father to
GG 4




456             -EMBATEIA.                                           EMBLEMA.
emancipate a grandson, without emancipating the  up as a forln of law, being deemed by Iiawyers a3
son, and to emancipate the son without emancipating  necessary foundation of the subsequent legal prothe grandson, or to emancipate them all.  Justinian  cess.  Thus at Rome, in the earlier times, one
also (Nov. 89. c. 11) did not allow a parent to  party used to summon the other by the words " ex
emancipate a child against his will, though it seems  jure te manum consertum voco," to go with him to
ihat this might be done by the old law, and that the land in dispute, and (in the presence of the
the parent might so destroy all the son's rights of praetor and others) turn him out by force.  Afteragnation.  But a man might emancipate an: adopted  wards this was changed into the symbolical act of
child against the will of the child (Inst. 1. tit. 11. breaking a clod of earth upon the land, by which
s. 3).  As a general rule the father could not be  the person who broke intimated that he claimed a
compelled to emancipate a child; but there were  right to deal with the land as he pleased.  We
some cases in which lie might be compelled.        may observe also, that the English  action of
The emperor Anastasius allowed an emancipated  ejectment in this respect resembles the Athechild (under certain restrictions) to succeed to the  nian, that, although an ently by the plaintiff and an
property of an inteslate brother or sister, which  ouster of him by the defendant are supposed to
the praetor had not allowed; and Justinian put an  have taken place, and are.considered necessary to
emancipated child in all respects on the same foot- support the action, yet botl entry and ouster are
ing as one not emancipated, with respect to such  mere fictions of law.
succession.                                          These proceedings by entry, ouster, &c., took
An elmancipatio effected  a capitis diniinutio  place also at Athens in case of resistance to an exe-minima, inconsequence of theservile character (ser-  cation; when the defendant, refusing to give up
~tilis cauesa) into which the child was brought by  the land or the chattel adjudged, or to pay the
such act. (Gains, i. 132, &c.; Dig. I. tit. 7; Cod. 6. damages awarded to the plaintiff, by the appointed
tit. 57. s. 15; 8. tit. 49; linst. 1. tit. 1'2; 3. tit. 5; timne, and thus being uTrepYluepos, i. e. the time
Dirksen, Uebe7rsilt, &c. p. 278; Thibaut, Systeme, having expired by which lhe was bound to satisfy
&c., ~ 783, &c., 9th ed.)              [G. L.]   the judgment, the plaintiff proceeded to satisfy
EMANSOR.  [DEs;ERTOR..]                         himself by seizure of the defendant's lands.  This
EMBAS (e/Egas),  a shoe worn by men (Snidas, he certainly might do, if there were no goods to
s. v.), frequently  mentioned  by  Aristophanes  levy upon; though, whether it was lawful in all
(Equit. 321, 869, 87i2, Ecc. 314, 850) and other cases, does not appear. The Athenian laws had
Greekl  writers.  This appears to have been the  made no provision for putting the party, who sucmost common kind of shoe worn at Athens (ev- ceeded, in possession of his rights; he was therereXiEs V6r65sa, Pollux. vii. 85; compare Isaelis,  fore obliged to levy execution himself, vithout the
deC Diccaeoq. Hered. 94).  Pollux (1. c.) says that aid of a ministerial officer, or any other person.
it was invented by the Thracians, and that it was  If, in doiang so, he encountered opposition, he had
like the low.cothurnus.  The esbas was also worn  lno other remedy than the 4eo6Agrs  aKhi, -,which (if
by the Boeotians (Herod. i. 1:95), and probably in  the subject-matter was land) nmust have been
other parts of Greece.  (Becker, Ca crifles, vol. ii. grounded upon his own previous entry. The action
p. 372.)                                           could lbe brought against any one who impeded
EMBATEIA  (e'Juahcea).  In Attic law this  him in his encldeavour to get possession, as well as
word (like the corresponding English one, etr/J), against the party to the former suit.  The cause of
was used to denote a fornmal taking possession of Demosthenes against Onetor was this: —Demoreal property.  Thus, wvhen a son entered upon: sthenes having recovered a judgment against Aphothe land left him  by his father, he was said  bus, proceeded to take his lands in execution.
efi/aTre5vEL, or BaeEirv  lIS Ta& 7raTrpa, and there-  Onetor claimed them  as mortgagee, and turned
upon he became seised, or possessed of llis ill- him  out (E-  e~ev'), whereupon Demosthenes,  conheritance.  If ally one disturbed him ii the en- tending that the mnortgage was collusive anld fraujoyment of this property, with an intention to  dulent, brogloht the ikoiXVs abcml, which is called
dispute the title, he mlight maintain an action of 8i.? arpos'O"Tropa, because the proceeding is dii
ejectment, 4odXuls 8i'[I.  Before entry lie could  rei.m and collateral to another object, rather thain a
not maintain such action.'EEou5Xi is frim iftX-  direct controversy between the parties in the caumse.
AEIv, an old word signifying to eject.  The sup-  The conseqcuence to the defendant, if he failed in
posed ejectment, for wvhich the action was brought, the action of ejectrment, was, that (besides his liabivwas a mere formality.. The defendant, after the  lity to the plaintiff) he wnas, as a public offender,
plaintiff's entry, came andcl turned him off, l7kyEV  condemnedl to pay to the treasury a sulm equal to
cK ~r"s 7ys.  This proceeding (called  e'acywyi)  the damages,,or to the value of the property retook place quietly, and in the presence of wit-  covered in the first action.  While this remaiined
nesses; the defendant then became a wrong-doer, unpaid (acud  ve may presumme it could not be paid
and the plaintiff was ir a condition to try the  without also satisfying the party), he became, as a
right.                                             state debtor, subject to the disabilities of aui-la.
All this was a relict of ancient timlles, when be-  (Meier, Ait. Proc. pp. 372, 460, 748.) [C. R. K.]
fore vwrits and pleadings and other regmlar processes    E'MBATES.  [MIon us.]
were invented, parties adopted a ruder method anId    EMBLE/'MA  (Eg.M/yae, e'tlsrramoa), an inlaid
took the law into theimr o-wn hands.  There was  ornimnent.  The art of inlayirng (p r1Exmv7 i/TratOthen an actual ouster, aecompa.nied often.with vio-,TmK, Ath. xi. p. 488) was employed ial producing
lence and breach of the peace, for which the per-  beautifutl wvorks of two descriptions, viz.:    st,
son in the wrong was not only responsible to the  Those which resembled our marquetry, buhil, and
party injured, but was also punishable as a public  Florentine mosaics; and 2dly, those in which
offender.  Afterwards, in the course of civilization, crusts (crzcstae), exquisitely wrought in relief and
violent remedies became useless and were discon- of precious metals, such as gold, silver, and amber,
tinued; yet the ceremony of ejecting was still kept were fastened upon the surface of vessels or other




EMISSARIUTM.                                       EMISSARIUM.                   457
pieces of funliture.  Works of both classes, when  Plin. I. IV. xxxvi. 15. s. 24. ~ 11.)   For more
in mletal, come under the head of CAELATURA.       than a mile the tunnel is carried under a mounTo productions of the former class we may refer tain, of which the highest part is 1000 feet above
all attempts to adorn the walls and floors of houses  the level of the lake, and through a stratum  of
with the figures of flowers and animals, or with  rocky formation (carnelian) so hard that every inch
any other devices expressed upon a common ground  required to be worked by the chisel. The remainby the insertion of variously coloured woods or ing portion runs through a softer soil, not much
marbles, all of which were polished so as to be  below the level of the earth, and is vaulted with
brought to a plain surface.  To such mosaics Luci- brick.  Perpendicular openings (putei) are sunk at
lius alludes (ap. Cic. de d'Orot. iii. 43), when he  various distances into the tunnel, through which
compares the well-connected words of a skilful the excavations were partly discharged; and a
orator to the small pieces (tesseruzae) which com- number of lateral shafts (cunsiclli), some of which
pose the " emblema vermiculatum." of an orna-  separate themselves into two branches, one above
mental pavement.  In the time of Pliny these de-  the other, are likewise directed into it, the lowest
corations for the walls of apartments had become  at an elevation of five feet from  the bottom.
very fashionable.  (T. IN. xxxv. 1.)  Respecting  Through these the materials excavated were also
cinbleinta in metal work, see CAELATURA and  carried out. Their object was to enable the proCHrnsENDnTA.   It may here be added that digious multitude of 30,000 men to carry on their
Athenaeus, iMn describing two Corinthian vases (v.
p. 199), distinguishes between the emblems in
bas-relief (7rpdo-v7,ra) whlich adorned the body 
and neck of each vessel, and the figures in high
relief (7repzraii  TsTeopevE'Uea ~Cda) which wvere                -                          Ir
placed upon its brim.    An artist, whose business 
it was to make works ornamented with emblems,',was called crustccaiucs.  (Plin. J... xxxiii. 12.  -'/ y                     i//I   I
s. 55; Cic. Verr. iv. 23; Martial.'iii. 51; JuI. Jy.
i. 17,  v. 38; Dig. 24. tit. 2. s. 23. ~ 1; -leyne,.t..,Ait. A/k vol. i. p. 147.)          [J. Y.]
EMISSA'RIUM (ire',rofosse), a channel, natural
or artificial, by which an outlet is formed to carry                       "i',
off any stagnant body of water.  (Plin. Ii. AN.'_,       I'
XXxiii. 4. S. 21; CiC. ad >'al. XVi. 18.)  Such.   I!/
channels may be either open or underground; but'                       1       (1
the most remarkable works of the kind are of the'
latter description, as they carry off the waters of
lalkes surrounded by hills.  In Greece, the most                                               /
remarkable esample is presented by the subtcr- 
raneosis clhannels which carry off the waters of the
lake Copais into the Cephisus, which were part ly                              ll     
natural and partly artificial.  (Strab. ix. p. 406;'! i'-                  — " /
Thiersceb. E,'tat actzuel de la (re'ce, vol. ii. p. 23,!  9l
Miuller, Os-re/omeios, pp. 49, &c., 2nd ed.).S < rf',
Another specimen of such works among thle    /Greeks at an early period is presented by the sub-'rJ r                   -,;; -
terraneous channels  constructed  by Phaeax at          t          
Agrigentum in Sicily, to drain the city, about B.C. c,r 
480; which were admired for their magnitude,                                      --',although the workmanship was very rude. (Diod.
Sic. xi. 25.)
Some works of this kind are among the most operations at the same time, without incomnmoding
remarkable efforts of Roman ingenuity.  Remains  one another.  The immediate mouth of the tunnel
still exist to show  that thle lakes Trasimene, is some distance from the present margin of the
Albano, Nemi, and Fucino, were all drained by  lake, which space is occupied by two ample resermeans of eMiiissaria', the last of which is still nearly  voirs, intended to break the rush of water before it
perfect, and open to inspection, having been par- entered the emissary, connected by a narrow pas.
tially cleared by the present king of Naples. sage, in which were placed the sluices (epistonzia).
Julius Caesar is said to have first conceived the  The mouth of the tunnel itself consists of a spleindid
idea of this stupendous undertakling (Suet. Jl.  archway of the Doric order, nineteen feet high and
44), which was carried into effect by the Emperor nine wide, fornmed out of large blocks of stolle, reClaudius.  (Tacit. Asln. xii. 57.)                 sernlbling in construction the works of the Claudian
The following account of the works, from  oh-  aqueduct.  That through which  the waters disservations on thle spot, will give some idea of their  charged themselves into the Liris was more simple,
extent and difficulties.  The circumference of the  and is represented in the preceding woodcut.  The
lake, including the bays and promontories, is about river lies in a ravine between the arch land forethirty miles in extent.  The length of thie emis-  ground, at a depth of 60 feet below, and consesary, which lies nearly in a direct line from the  quently cannot be seen in the cut.  The small
lake to the river Liris (Garigliano), is something  aperture above the cmbouchure is one of the cunimnore than three miles.  The number of workmenl  culi above mentioned.  It appears that the actual
employed was 30,000, and the time occupied in  drainage was relinquished soon after the death of
thie work eleven years. (Suet. Clcced. 20; colmpare  Claudius, either from the perversity of Nero, as the




458           EMPHYTEUSIS.                                       ERMPHYTEUSIS.
words of Pliny (I. c.) seem to imply, or by neglect; Vestal virgins.  In the Digest mention only is
for it was reopened by Hadrian.  (Spart. l-adr. made of lands of towns so let, with a distinction of
22.)  For further information see Hirt, who gives  them  into agri vectigales and non vectigales, aca series of plans and sections of the works con- cording as the lease was perpetual or not; but ill
nected  with  the  Lacus Fucinus  (Geb'iide d. either case the lessee had a real action (zsilis in sremr
Griecl. u.  iem. pp. 371-375, P1. XXXI. figs. 14  actio) for the protection of his rights, even against
-21).                                  [A. R.]    the owner.
E/MBOLUM.  [NAvs.]                                 The term Emphyteusis first occurs in the Digest.
EMEfRITI.  [EXERCITIS.]                          The.Praedia Emphyteutica are also frequently menEMME'NI DIKAE  (e'Ynuvomi  aLKM), suits in  tioned in the Theodosian and Justinian Codes, but
the Athenian courts, which were not allowed to  they are distinguished from  the agri vectigales.
be pending above a month.  This regulation was  Justinlian, however, put the emphyteusis and the
not introduced till after the date of Xenophon's  ager vectigalis on the same footing; and in the case
treatise on the revenue, in which it was proposed  of an emphyteusis (whether the lessor was a comthat a more rapid progress should be allowed to  munity or an individual), the law was declared to
commercial suits (Xen. de Vectig. 3), and it ap- be the same as in the case of leases of town propears to have been first established in the time of perty.  This emphyteusis was not ownership: it
Philip.  (Or. de fIalon. p. 79. 23.)  It was con- was a jus in re only, and the lessee is constantly
fined to those subjects which required a speedy  distinguished from the owner (dominus). Yet the
decision; and of these the most important were  occupier of the ager vectigalis and the empihyteuta
disputes respecting commerce (Ef7Uroptrcal 3bcar, Pol- had a juristical possessio; a kind of inconsistency,
lux, viii. 63, 101; Harpocrat. and Suid. s. v. which is explained by Savigny, by showing that'EAu/qmvo Afica), which were heard during the six  the ager vectigalis was formed on the analogy of
winter months from  Boedromion to Munychion, the ager publicus, and though there were many
so that the merchants might quickly obtain their  differences between them, there was nothing inrights and sail away (Dem. c. Apat. p. 900. 3);  consistent in the notion of possession, as applied to
by which we are not to understand, as some have  the public land, being transferred to the ager vecdone, that a suit could be protracted through this  tigalis as a modified form of the ager publicus.
whole time, but it was necessary that it should be    Though the emphyteuta had not the ownership
decided within a month.  (Bbckh, Pzbl. Econ. of' of the land, he had an almost unlimited right to
Athens, p. 50, 2nd ed.)                            the enjoyment of it, unless there were special
All causes relating to mines (/eTraANlea   cal)  agreements limiting his right. The fruits belonged
were also s4p/loeL 3leas (Dem. c. Pantaenz. p. 966. to him  as soon as they were separated from the
17); the object, as Bickh remarks (Osz the Silver  soil.  (Dig. 22. tit. 1. s. 25. ~ 1.)  He could sell
lAfines of Laeurion, Publ. Econ. of Athens, p. 667)  his interest in the land, after giving notice to the
being  no doubt that the mine proprietor might owner, who had the power of choosing whether he
not be detained too long from his busn'ess.  The  would buy the land at the price which the pursame was the case with causes relating to'pavol chaser was willing to give.  But the lessee could
(Pollux, viii. 1 01; Harpocrat. and Suid. 1. c.)  not sell his interest to a person who was unable to
[EANAI]; and Pollux (I. c.) includes in the list, maintain the property in good condition.  The
suits respecting dowry, which are omitted by liar. lessee was bound to pay all the public charges and
pocration and Suidas.                              burdens which might fall on the land, to improve
EMPHRU'RI (EU(PpovpoO), from  Ppovpd, the  the property, or at least not to deteriorate it, and
name given to the Spartan  citizens during the  to pay the rent regularly.  In case of the lessee's
period in which they were liable to military ser- interest being transferred to another, a fiftieth part
vice. (Xen. Rep. Lac. v. 7.) This period lasted to  of the price, or of the value of the property, when
the fortieth year from manhood (&h' i~~Vs), that is  the nature of the transfer did not require a price to
to say, to the sixtieth year fronm birth; and during  be fixed, was payable to the owner on the admisthis time a man could not go out of the country  sion of the new emphyteuta, and which, as a general
without permission from  the authorities.  (Isocr. rule, was payable by him. Under these limitations
Bissir. p. 225, where Fedxqoes, according to Mhiiler,  the dominus was bound to admit the new emphyDor. iii. 12. ~ 1, is evidently put for iEq1povpos.)   teuta (in possessionem suscipere.)  If the dominus
EMPHYTEUSIS  (IEgipVEVs5, literally an  refused to admit him, the seller, after certain forma"in-planting ") is a perpetual right in a piece  lities, could transfer all his right without the conof land  that is the property of another: the  sent of the dominus.  The heredes of the emphyright consists in the legal power to cultivate it, teuta were not liable to such payment.  The
and treat it as our own, on condition of cultivating  emphyteuta could dispose of his right by testament:
it properly, and paying a fixed sum (cano2, pensio,  in case of intestacy it devolved on his heredes.'edituzs) to the owner (donsinus) at fixed times. The    The origin of the emphyteusis, as already stated,
right is founded on contract between the owner  was by contract with the owner and by tradition;
(dominus emphyteuseos) and the lessee (emphy-  or the owner might make an emphyteusis by his
teuta), and the land is called ager vectigalis or last will. It might also in certain cases be founded
emphyteuticarius.  It was long doubted whether  on prescription.
this was a contract of buying and selling, or of    The right of the emphyteuta might cease in
letting and hiring, till the emperor Zeno gave it a  several ways; by surrender to the dominus, or by
definite character, and tilhe distinctive name of con-  dying without heirs, in which case the emphyteusis
tractus emphyteuticarius.                          reverted to the owner.  He might also lose his
The Ager Vectigalis is first distinctly mentioned  right by injuring the property, by non-payment of
about the time of Hadrianl, and the term is applied  his rent or the public burdens to which the land
to lands which were leased by the Roman state,  was liable, by alienation without notice to theu
by towns, by ecclesiastical corporations, and by the  dominus, &c.  In such cases the dominus could




EMTIO TET VENDITIO.                                       ENDEIXIS.                   459
take legal measures for recovering the possession.  [EDICTTJM] to inform the buyer of the defects of
(Dig. 6. tit. 3, and 39. tit. 4; Cod. 4. tit. 66; any slave offered for sale: " Qui mancipia vendunt,
Inst. 3. tit. 24 (25); Miihlenbruch, Doctrlina Pan-  certiores faciant emptores quod morbi vitiique," &c.
dectarum; Savigny, Des Recilt des Besitzes, p. 99, (Dig. 21. tit. i.)  In reference to this part of the
&c. p. 180; Mackeldey, Lehrbuch, &c. ~ 295, &c. law, in addition to the usual action arising from
~ 384, 12th ed.)                      [G. L.]    the contract, the buyer had against the seller, acEMPO'RIUM  (Tb ey7roJpio), a place for whole-  cording to the circumstances, an actio ex stipulatu,
sale trade in commodities carried by sea.  The  redhibitoria, and quanti minoris.  Horace, in his
name is sometimes applied to a sea-port town, but Satires (ii. 3. 286), and in the beginning of the
it properly signifies only a particular place in such  second epistle of the second book, alludes to the
a town.  Thus Amphitryo says (Plaut..A1nph. iv. precautions to be taken by the buyer and seller
1. 4) that he looked for a person.                 of a slave.                             [G.L.]
".Apud emporianb, atque in macello, in palaestra    ENCAUSTICA.  [PICTURA, No. 7.
Inmedsqu, in tornstrinis, apdomnis aedis    ENCLE'MA (            e)ytfcrgua).  [DinE.]
In medicinis, in tonstrinis, aud omnis aedis       ETESIS         (       he   righ  of possessing
sacras.'       -landed property and houses ('y7l'~Ls?YIs Kal
oegias) in a foreign country, which was frequently
(Compare Liv. xxxv. 10, xli. 27.)  The word is granted by one Greek state to another, or to sederived from Eynropos, which signifies in Homer a  parate individuals of another state. (Dem. De Cor.
person who sails as a passenger in a ship belonging  p. 265. 7; Biickh, Corp. Inscript. vol. i. p. 725.)
to another person (Od. ii. 319, xxiv. 300); but in'Eytc Tf/aTa were such possessions in a foreign
later writers it signifies the merchant who carries  country, and are opposed by Demosthenes (De
on commerce with foreign countries, and differs Halosz. p. 87. 7) to tcfim a'a, possessions in one's
from /cdursXos, the retail dealer, who purchases his  own country. (Valcken. ad Herod. v. 23.)  The
goods from the ft-eropos and retails them  in the  term  ye'criar'a was also applied to the landed
market-place.  (Plat. De Rep. ii. p. 371.)         property or houses which an Athenian possessed
At Athens, it is said (Lex. Seg. p. 208) that in a different 6iLpos from that to which he belonged
there were two kinds of emporia, one for foreigners  by birth, and with respect to such property he
alnd the other for natives (*etcK'o and a'-riacv); was called iyK7clcreLEtvos: whence we find Debut this appears doubtful.  (Bdickh, Publ. Econ. of mosthenes (c. Polycl. p. 1208. 27) speaking of ol
At/lens, p. 313, 2ncld ed.)  The emporium at Athens   a,u4drat Kala o0r'yetsc'r vsw.ot.  For the right of
was under the inspection of certain officers, who  holding property in a 8~gos! to which he did not
were elected annually (Er7rlqueX7Val roiu  n7ropfov). belong, he had to pay such iai/os a tax,: which is
[EPISELETAE, No. 3.]                              mentioned in inscriptions  nmder the name of IeyEMPTI ET VE'NDITI A'CTIO. The seller  CtTrv71vId. (Bbckh, Puell. Econ. of Atlhens, p. 297,
has an actio venditi, and the buyer has an actio  2nd ed.)
empti, upon the contract of sale and purchase. Both    ENDEIX IS (etrfEt5s), properly denotes a proseof them are actiones directae, and their object is to  cution instituted against such persons as were alobtain the fulfilment of the obligations resulting  leged to have exercised rights or held offices while
from the contract.  (Dig. 19. tit. 1.)   [G. L.]    labouring under a peculiar disqualification.  Among
E'MPTIO  ET VENDI'TIO.  The contract of these are to be reckoned state debtors, who during
buying and selling is one of those which the Ro- their liability sate in court as dicasts, or took any
mans called ex consensu, because nothing more was  other part in public life; exiles, who had returned
required than the consent of the parties to the con- clandestinely to Athens;  those that visited holy
tract.  (Gaius, iii. 135, &c.)  It consists in the  places after a conviction for impiety (a'd~ca); aind
buyer agreeing to give a certain sum of money to  all stuch as having incurred a partial disfranchisethe seller, and the seller agreeing to give to the  ment (&,riza KcoaT.'rpdo'ratSv) presumed to exercise
buyer some certain thing for his money; and the  their forbidden functions as before their condemnacontract is complete as soon as both parties have  tion.  Besides these, however, the same form  of
agreed about the thing that is to be sold and about action was available against the chairman of the
the price.  No writing is required, unless it be  proedri (EisrTdasrs), who wrongly refused to take
part of the contract that it shall not be complete  the votes of the people in the assembly (Plat.
till it is reduced to writing.  (Dig. 44. tit. 7. s. 2; 2Apol. p. 32); against malefactors, especially tnurInst. 3. tit. 23.)  After the agreement is made, the  derers (which Schbmnann thinks was probably the
buyer is bound to pay his money, even if the thing  course pursued when the time for an apagoge had
which is the object of purchase should be accident-  been suffered to elapse); traitors, ambassadors
ally destroyed before it is delivered; and the seller  accused of malversation (Isocrat. c. Callimz. 11);
miust deliver the thing with all its intermediate in-  and persons who funlished supplies to the enemy
crease. The purchaser does not obtain the ownership  during war.  (Aristoph. Equit. 278; Andoc. De
of the thing till it has been delivered to him, and till Redite, 82.)  The first step taken by the prosehe has paid the purchase money, unless the thing is  cutor was to lay his information in writing, also
sold on credit. (Dig. 19. tit. 1. s. 11, ~ 2.)  If he  called endeixis, before the proper magistrate, who
does not pay the purchase money at the time when  might be the archon or king archon, or one of the
it is due, Ihe must pay interest on it.  The seller  thesmothetac, according to the subject-matter of
Imsust also warrant a good title to the purchase  tle information;  but in the case of a malefactor
[EvrTIo], andcl he  mlust also warrait that the  (icatecoupyos) being the accused person, the Eleven
thing has no concealed defects, and that it has all were the officers applied to.  It then became the
the good qualities which he (the seller) attributes  duty of the magistrate to arrest, or hold to bail,
to it.  It was with a view to check frauds in sales, the person criminated, and take the usual steps for
and especially in the sales of slaves, that the seller  bring him to trial.  There is great obscurity as
was obliged by the edict of the curule aediles  to the result of condemnation in a prosecution of




4G60'            ENECHYRA.                                             ENGYE.
this kind.  Ileraldus (Animadv. inz Slas. iv. 9. and chattels as a security or compensation for non.
~ 10) ridicules the idea that it was invariably a  compliance. (Dem. c. Meid. p. 540. 21; Ulpian,
capital punishment.  The accuser, if unsuccessful, ad loc.; Aristoph. Nubes, 35.)  The property thus
was responsible for bringing a malicious charge  taken was called ivEXvpa, and slaves were gene(4eusv ous &eloeiEws vtrevfOvos). (Schimann, De  rally seized before anything else.  (Athen. xiii.
Corn. p. 175, Att. Proc. p. 239, &c.)              p. 612, c.)  This "tak ing in execution" was usuThe endeixis, apcsgoge (a&raywyi7) and ephlqqesis ally left to the party who gained the suit, and who,
(iqHys7yrLs) must be carefully distinguished. Pollux  if he met with resistance in making a seizure, had
says (viii. 49) that the eadleitis was adopted when  his remedy in a 8iKs E'0oiXs: if with personal
the accused was absent; the apygoge when he was  violence, in a 8icat  ableas.  (Dem. c. Everyg. p.
present; and we know  that the apaqgoge was a  1153.)   On one occasion, indeed, we read of a
summary process, in which the defendant was al-  public officer (tvrrrgp7-ls   qrap&'rs apXrs) being
lowed to apprehend a culllprit caught in ipso fa/cto  taken to assist in, or perhaps to be a witness of, a
and lead him  before a magistrate.  In case the  seizure; bhut this was in a case where public incharge was ill-founded, the complainant ran the  terests were concerned, and consequent upon a derisk of forfeiting 1000 drachmae.  If he did not cision of the B3ovNt. (Id. c. Evegy. 1149.)  The
like to expose himself to this risk, he might have  same oration gives an amusing account of what
recourse to the eptseayesis (4Q9iSy-/os), in which he  Englishmen would consider a case of "assault anid
made an1  application to- the proper magistrate,  trespass," committed by some plaintiffs in a deas, for instance, to one of the Eleven, if it were  fendant's house, though the amount of damages
a case of burglary or robbery attended with murder, which had been given (7 Ka'raaibc-l) was, accordilg
and conducted him  and his officers to the spot to agreement, lying at the bank (e7rl T?7'rpairv),
where the capture was to be effected.  (Comp. and there awaiting their receipt.
Dem. c. Androt. p. 601.)'                      It seems probable, though we are not aware of
The cases inwhich the apagoge and eptsepaesis were  it being  expressly so stated, that goods thus seized
most generally allowedi, were those of theft, murder, were publicly sold, and that the party from whom
ill-usage of parents, &c.  The punishment in these  they were taken could sue hIis opponent, perhaps by
cases was generally fixed by law; and if the  a aicV fAds71s, for any surplus -which might remain
accused confessed, or was proved guilty, the magis-  after all legal demands were satisfied.  No seizure
trate could execute the sentence at once, withnout of this sort could take place during several of the
appaling to any of the jury-courts; otherwise, it religious festivals of the Athenians, such as the
was necessary that the case should be referred to a  Dionysia, the Lenaea, &c.  They were, in fact,
higher tribunal.  (Aesch. c. Timzarch. c. 37; Dem. dies zon in Athenian law.  (Dem. c. ife/id. p. 518;
De Fals. Legat. p. 431.)  The magistrates who  Hudtwalcker, Diaet. p. 132.)              [R.'W.
presided over the Oapagoge were generally the Eleven    ENGYE  (eiyysli), bail or sureties, were in
(o01 hrSEca, Dem. c. Timbcer. p. 736; Lysias, c. very frequent requisition, both in the private and
Atorat. c. 85); sometimes the chief archon (Aesch.  public affairs of the Athenians.  Private agreec. Timarch. c. 64), or the thesmothetae (Dem. c. c. ments, as, for instance, to abide by the decision of
Aristocr. p. 630).  The most important passage  arbitrators (Dem. c. Apatuur. pp. 892-899),or that
with regard to the capeagoye (Lysias,  c. A4/osat. the evidence resulting from the application of tor~ 85, 86) is unfortunately corrupt and unintelligiblle.  ture to a slave should be conclusive (Dem. c. Pan(See Sluiter, Lect. Andocid. p. 254, &c.)  The  tuacn. p. 978. 11), were corroborated by the parties
complainant was said ardyaEv'T1'rL &raywcy{jv: the  reciprocally giving each other such sureties; and
magistrates, when they allowed it, 7rapeEXo70ro   the same took place generally in all money lending
7Tv a.' rarys'Z.                    [J. S. M.L    or mercantile transactions, and was invariably neE'NDROMIS (e'Vapozls), a thick coarse blanket, cessary when persons undertook to farm tolls, taxes,
manufactured in GauLl, and called " endromis " be-  or otlher public property.
cause those who had been exercising in the stadiunm   In judicial matters bail or sureties were provided
(is &pia,up) threw  it over them to obviate the ef. upon two occasions; first, when it was requisite
fects of sudden exposure when they were heated. that it should be guaranteed that the accused
Notwithstanding its coarse and shaggy appearance, should be forthcoming  at the trial; and secondly,
it was worn on other occasions as a protection from   when security was demanded for the satisfaction
the cold by rich and fashionable persons at Prome.  of the award of the court.  In the first case, bail
(Juv. iii. 103; Msart. iv. 19, xiv. 126.)  Ladies  was very generally required when the accused was
also put on an endromis of a finer description (ea- other than an Athenian citizen, whether the action
ds'ossidas Tyrias, Juv. vi. 246), when they partook, were public or private; but if of that privileged
as they sometimes did, of the exercises of the  class, upon no other occasion, except when propalaestra.  Moreover, boots [COTEIURNUS] were  ceeded against by way of Apagoge, Endeixis,
called e'1vpowi'ues on account of the use of them in  Ephegesis, or Eisangelia. Upon the last-mentioned
rrmning. (Callim. tyt,2s..in Dian. 16, in Delazun, form being adopted in a case of high treason bail
230); Pollux, iii. 155, vii. 93; Brunck, 4nsal. iii. was not accepted.  The technical word for requiring
"OG.)                                  [J. Y.-]    bail of an accused person is 1caVresyyva, tllhat for
ENECHYRA  (E''Xvpa).  In private suits at becoming surety in such case i4yyvao-Oat,. Surety
Athens, whether tried by a court of law, or before  of the other kind was demanded at the bcginning
ssn arbitrator, whenever judgment was given against  of a suit upon twvo occasions only; first, when a
a defnldant,  a certain period was at the same time  citizen asserted the freedosm  of a person detainled
fixed (7 zrpoOn Eyurrt), before the expiration of which  in slavery by another; and secondly, when'a litiit was incumbent upon him to comply with the ver- gant, Aw-ho had suffered judgment to go by default
dict. In default of doing so he became u7rep7/u'spos, before the arbitrator (8ia'rlryrs), had recommenced
or over the day, as it was called, and the plaintiff his action within the given time (/ut oo;a o isca).
Swas privileged to seize upon ('iskeai')a0  his goods  After the judgment, security- of this kind was re



ENOIKIOU  DIKE.                                       ENTASIS,                  41G
qaired in all mercantile and some other private  though with us the latter measure is considered
causes; and state debtors, -who had been sentenced  the more vexatious, as it increases the costs, and is
to-remain in prison till they had acquitted them- rendered less necessary by the facility with which
selves of their liabilities, were, by a law of Timo- executions can be levied.  At Athens the eoWA,.
crates (Dem. c. c. iiocr. pp. 712-716), allowed to  &ich, as it was the ultimate and most efficacious
go at large if they could provide three sureties  remedy, drewwith it also more penal consequences,
that the money should be paid within a limited  as is explained under EMBATEIA.  [Meier, Bitt.
period. If the principal in a contract made default Proc. p. 749.)                  [C. R). K.]
the surety was bound to make it good, or if he re-    ENOMO'TIA (&VwYorTfa).  [ExERCITsU.]
fused to do so, might be attacked by an?syyv7s 8tri,    ENSIS.  [GLADIUS.]
if such action were brought within a twelvemonth    E'NTASIS (E'YTa-s).  The most ancient coafter the obligation was undertaken.  (Dem. c. lumns now existing are remarkable for the extreme
A4patur. pp. 901,910.) If, however, a person accused  diminution of the shaft between its lower and upper
in a public action by one of the forms above men-  extremity, the sides of which, like those of a cone,
tioned failed to appear to take his trial, his bail converge immelrdiately and regularly from the base
became liable to any punishment that such person  to the neck, so that the edge forms a straight linehad incurred by contempt of court; and, consistently  a mode of construction which is wanting ill grace
with this, it appears, from a passage in Xenophon  and apparent solidity.  To correct this, a svelling
(tell. i. 7. ~ 39), that the law allowed the bail to  outline, called entasis (Vitruv. iii. 2, iv. 3), was
secure the person of the accused by private con-. given to the shaft, which seems to have been the
finement. (Meier, Att. Proc. p. 515.)  [J. S. M.]  first step towards combiiinig grace and grandeur in
ENGUE'SIS (yyins-s).  [MATRPIMONIUM.]  the Doric column.
E'NNATA ('fvva'a).  [F uNvs.]                    The original form is represented by the figure on
ENOIKIOU  DIKE  ('Votclou v   ikc), action  the left in the annexed woodcut, which is taken
brought (like our trespassfor nzesue profits after a  from  the great temple at Posidonia (Paestum),
successful action of ejectment) to recover the rents which is one of the most ancient temples now rewithheld from the owner during the period of his  maining; that on the right shows the entasis, and
being kept out of possession.  If the property re- is from a building of rather later construction ill
covered were not a house, but land (in the more  the same city. Two othei' examples of the same
confined sense of the word), the action for the  style are still to be seen in Italy, one belonging to
rents and profits was called icaprov &icLS. It seems an ancient temple at Alba Fucinensis (Piranesi,
from the language of the grammarians, that these  laifiagsi  de' Romn. tav. 31. fig. 6), and the other
actions could be brought to try the title to the  at Rome, on the sepulchre of C. Publiciiis. (16.
estate, as well as for the above-mentioned purpose. fig. 7.)
Perhaps both the tenement and the intermediate
profits might be recovered by one suit, but the proceeding would be more hazardous, because a failure
in one part of the demand would involve the loss
of the whole cause.  Thus, the title of a party to. _
the land itself might have expired, as for instance
where he held under a lease for a term; yet he
Iwould be entitled to recover certain bygone profits      I
from one who had dispossessed him.  Therefore it
is not improbable that the 6icKam c. and Kap. might
in practice be confined to those cases where the
rents and profits only were the subject of claim.
We are told that, if the defendant, after a judgment in one of these actions, still refused to give
satisfaction, an ousera - ia c  might be commenced                                        l
against him, of which the effect was, that the
plaintiff obtained a right to indemnify himself out
of the whole property of the defendant. Schmianais
observes, that this was a circuitous proceeding,
when the plaintiff might take immediate steps to  
execution by means of entry and ejectment.  His
conjecture, however, that the ovceias aitrrc was in
ancient tintes an important advantage, when real
property could not in the first instance be taken in
execution, is probably not far from the truth, and    _..._
is supported by analogy to the lawvs of other
nations, which, being (in the infancy of civiliza-    In the example at Paestum  the greatest deviation) framed by the landorwners only, bear marks  tion which the curved edge of the column makes
of a watchful jealousy of any encroachment upon  from the straight line of the cone of which the
their rights.  Hle remarks also, that the giving to  pillar may be considered as a part, is at about the
the party the choice between a milder and a mlore  middle of the height, but it still keeps within the
stringent remedy, accords with the general tenor  line of a perpendicular drawn from the circunferand spirit of the Athenian laws.  We may add, ence of the base; or, in other words, the column
that our own law firnishes an illustration of this, is thickest at the base: both these properties are
viz., where the plaintiff has obtained a judgment, clearly shown by the dotted lines in the woodcut.
he has the option of proceeding at once to execu-  (Comp. Stieglitz, Arcluiol. d. Baukzunst, vol. i.
tion, or bringing an action  on the judgment; p. 161.)                                 [A. I/.]




462-           EPEUNACTAE.                                           EPHEBUS.
EO'RA.  [AEORA.]                               to helots, and that these helots were admitted to
EPANGE'LIA  (Era''yeXkia).  If a citizen of the citizenship under the name of a7re-va'cTrai.
Athens had incurred a&rTua, the privilege of taking  Diodorus (Mai, 11mc. Vat. p. 10) also calls the par.
part or speaking in the public assembly was for-  tisans of Phalanthus ie7rEvaKC'Ta. [PARTHENIAre.]
feited  [A'rTMIA].  But as it sometimes might  (Thirlwall, 1list. of Greece, vol. i. p. 353; MUillelc
happen that a person, though not formally declared  Dor. iii. 3. ~ 5.).TrslOS, had committed such crimes as would, on    EPHEBE'UM.  [GYMNASIUMe.]
accusation, draw upon him this punishment, it was    EPHE'BUS (~isj~os), the name  of an Athenian
of course desirable that such individuals, like real youth after he had attained the age of 18. (Pollux,
tir/oel, should be excluded from the exercise of the  viii. 105; HIarpocrat. s. v..'EirslTres'HCio at).
rights of citizens.  Whenever, therefore, such a  The state of E(PsqCeIa lasted for two years, till the
person ventured to speak in the assembly, any  young men had attained the age of 20, when they
Athenian citizen had the right to come forward-in  became men, and were admitted to share all the
the assembly itself (Aeschin. c. Timaze-lc. p. 104), rights and duties of a citizen, for which the law
and demand of him to establish his right to speak  did not prescribe a more advanced age.  That the
by a trial or examination of his conduct (olcLparfa  young men, whenl they became 9'pqlol, did not reTov aBov), and this demand, denouncement, or ceive all the privileges of full citizens, is admitted
threat, was called 47rayyeAia, or Eray7EXyla BOKL- on all hands; but from the assertion of Pollux and
aoslas.  The impeached individual was then coam- HIarpocration, who state that their names were not
pelled to desist from speaking, and to submit to a  entered in the lexiarchic registers until they had
scrutiny into his conduct (Pollux, viii. 43; Suidas, completed their 20th year, that is to say, until they
s. v. E7rayyXeia), and if he was convicted, a formal had gone through the period of ep71Ceia, it would
declaration of &Tr,L'a followed.                   seem that they were not looked upon as citizens as
Some writers have confounded the Iraya7yeXla  long as they were  cpmjCoy, and that consequently
with 6OKLqaa'ea, and considered the two words as they enjoyed none of the privileges of full citizens.
synonyms; but from the statements made above, But we have sufficient ground for believing, that
it is evident that the bolc.utao'a is the actual trial, the names of young men at the time they became
while the 7ray'yeXia is only the threat to subject'Pe,1ot, were entered as citizens in the lexiarchic
a man to the  omclIuaoi'a: hence the expression  registers, for Lycurgus (c. Leocrcct. p. 189) uses the
7rayy~EAXeLv aoscmL caa~v. (Schbmann, De-Com7it. expressions dp~osJyTyGVserm and eZIS rb A7llapXlKoV
p. 232. note 8. transl.) Other writers, such as HIar-  ypay/saTZeo, /eyypdEd(eo0a  as synonymous.  The
poeration and Suidas, do not sufficiently distinguish  statement of Inarpocration and Photius is therefore
between e7raeyyEXa and  svretm s: the latter is an  probably nothing but a false inference from the fact,
accusation against persons who, though they had  that young men before the completion of their 20th
been  declared &iTOl,o nevertheless ventured  to  year were not allowed to take an active part in the
assume the rights of citizens in the public assem- public assembly; or it may be, that it arose out of
bly; whereas ErayyeXa applied only to those who  the law which, as Schimann (De Co6nit, p. 71,
had not yet been convicted of the crime laid to  transl.) interprets it, prescribed that no Athenian
their charge, but were only threatened with an ac- should be enrolled in the lexiarchic registers before
cusation for the first time.  (Meier, Att. Proc. the attainment of the 18th, or after the completion
p. 210; Schimann, De Comit. p. 232, note 7. of the 20th year [DocIMASIA.]  From the oration
transl.) Wachsmuth (Ii-ellen. Altertunazsask, vol. ii. of Demosthenes against Aphobus (p. 814, &c.
p. 236, 2d edit.) seems to be inclined to consider compare c. Oneton. p. 868), we see that some of
the P'170ptulC' ypaoq  to be connected or identical the privileges of citizens were conferred upon young
with the e7rayyAiXa, but the former, according to  men on becoming ipn7lot: Demosthenes himself, at
the definitions of Photius and Suidas, was in reality  the age of 18, entered upon his patrimony, and
quite a different thing, inasmuch as it was intended  brought an action against his guardians; one Manto prevent orators from  saying or doing unlawful  titheus (Demosth. c. Boeot. De Dote, p. 1009) rethings in the assembly where they had a right to  lates that he married at the age of 18; and these
come forward; whereas the mrayyEXfa was a de- facts are stated in such a mlanner that we must
nunciation, or a promise to prove that the orator infer that their occurrence had nothing extra]ad no right at all to speakl in the assembly. [L. S.]  ordinary, but were in accordance with the usual
EPARITI (irwdpi-ro), the name of the standing  custom.
army in Arcadia, which was formed to preserve    Before a youth was enrolled among the epheh)i,
the independence of the Arcadian towns, when  he had to undergo a aoKpeaoLrea, the object of which
they became united as one state after the defeat was partly to ascertain whether he was the son of
of the Spartans at Leuctra.  They were 5000 in  Athenian citizens, or adopted by a citizen, and
rnumber, and were paid by the state.  (Xen. Hell. partly whether his body was sufficiently developed
vii. 4. ~ 34, vii. 5. ~ 3; Diod. xv. 62, 67; Hesych. and strong to undertake the duties which now des. v. ieopovoTL; Bejot, in Meiz. de l'Acad. des volved upon him. (Aristoph. Vesp. 533, with the
-Inscrip. xxxii. p. 234; Kellermann, De Re lMilitari Schol.; Demosth. c. Onetor. p. 868; Xen. De Rep.
Arcadlun, p. 44; WVachsmuth, Hellen. Alterl/uzonsk. AtS. c. 3. ~ 4; Plato, Crito, p. 51, with Stallvol. i. p. 283, 2d ed.)                            baum's note p. 174. Eng. transl.) Schdmann (I.c.)
EPAU'LIA.  [MATnIsMONIUMa.]                     believes that this 8osctuaaia only applied to orphans,
EPE(TNACTAE  (m7revYaacTal), a  class  of but Aristophanes and Plato mention it in such a
citizens at Sparta who are said to have been the  general way, that there seems to be no ground for
offspring of slaves and the widows of Spartan  such a supposition. After the aorpyar'fa the young
citizens.   Theopompus tells us (Athen. vii. p. men received in the assembly a shield and a lance
271, d) that in the Messenian war, in consequence  (Aristot. ap. Harpocrat. s. v. Aomcpteaoa); but
of the great losses. which the Spartans sustained, those whose fathers had fallen in the defence of
they married the widows of those who were slain  their country, received a complete suit of armour




EPI-IETAE.                                         EPH1E'rAE.                 463
in the theatre. (Aeschin. c. Ciesipt. p. 75, ed. Steph.;  tribunal of great antiquity, so much so, indeed,
Plato, Mlfenex. p.' 249, with Stallbaum's note.)  It  that, Pollux (viii. 125), ascribed their institution to
seems to have been on this occasion that the  Draco; moreover, if we can depend upon the anu
&pVqoL took an oath in the temple of Artemis  thority of Plutarch (Solon, c. 19), one of Solon's
Aglauros (Demosth. De Fals. Leg. p. 438; Pollux, laws (6tloYes) speaks of the courts of the Eplsetne
viii. 106), by which they pledged themselves never  and Areiopagus as co-existent before the time of
to disgrace their arms or to desert their comrades; that legislator.  Again, we are told by Pollux
to fight to the last in the defence of their country,  (I. c.), the Ephetae formerly sat in one or other of
its altars and hearths; to leave their country notin  the five courts, according to the nature of the
a worse but in a better state than they found it;  causes they had to try.  In historical times, howto obey the magistrates and the laws; to resist all ever, they sat infosur only, called respectively the
attempts to subvert the institutions of Attica, and  court by the Palladium (r-b erl InahXXasaT), by the
finally to respect the religion of their forefathers.  Delphinium (Tb (rT Ae&ptYiTL), by the Prytaneium
This solemnity took place towards the close of the  (Trb eir  IlpvaveIsl), and the court at Phreatto or
year (ev apXalpEe-ia:es), and the festive season bore  Zea (ob v   1 peaer'ro?).  At the first of these courts
th e name of E&ig1La.  (Isaeus, De Apollod. c. 28; they tried cases of unintentional, at the second, of
Demosth. c. Leochar. p. 10]2.)  The external dis- intentional but justifiable homicide, such as slaytinction of the E'q779o consisted in the XXafuis and  ing another in self-defence, taking the life of an
the rE'a-roos.  (Hemsterhuis, ad Polluc. x. 164.)   adulterer, killing a tyrant or a nightly robber.
During the two years of the E'07CeLa, which may  (Plat. Leg. ix. p. 874.)  At the Prytaneium, by a
be considered as a kind of apprenticeship in arms,  strange custom, somewhat analogous to the imposiand in which the young men prepared themselves for  tion of a deodand, they passed sentence upon the
the higher duties of full citizens, they were gene-  instrument of murder when the perpetrator of the
rally sent into the country, under the name of act was not known.  In the court at Phreatto, on
wrEpibroAor, to keep watch in the towns and for- the sea-shore at the Peiraeeus, they tried such pertresses, on the coast and frontier, and to perform  sons as were charged with wilful murder during
other duties which might be necessary for the pro-  a temporary exile for unintentional homicide.  In.
tection of Attica. (Pollux, viii. 106; Photius, s. v. cases of this sort, a defendant pleaded his cause on
iepi'sroXos: Plato, De Leg. vi. p. 760, c.)  [L. S.]  board ship (rS -7YS  ~ aj 7rirT'dleos), the judges
EP-IEGE'SIS (EiTSi77es).  [ENDEIXIS.]           sitting close by him on shore.  (Dem. c. Aristocr.
EPHE'SIA  (id4oma), a great panegyris of the  p. 644.)  Now we know that the jurisdiction in
Ionians at Ephesus, the ancient capital of the  cases of wilful murder was by Solon's laws entrusted
Ionians in Asia.  It was held every year, and had, to the court of the Areiopagus, which is mentioned
like all panegyreis, a twofold character, that of a  by Demosthenes (I. c.) in connection with the four
bond of political union among the Greeks of the  courts in which the Ephetae sat, Moreover, Draco,
Ionian race, and that of a common worship of the  in his T/lesnmi, spoke of the Epoletae only, though
Ephesian Artemis.  (Dionys. Hal. Antiq. Rom. iv. the jurisdiction of the Areiopagus in cases of
p. 229, ed. Sylburg; Strabo, xiv. p. 639.)  The  murder is admitted to have been of great antiquity.
Ephesia continued to be held in the time of Thu-  Hence Miiller (Eumnenid. ~ 65) conjectures that
cydides and Strabo, and the former compares it the court of the Areiopagus was anciently included
(iii. 104)  to  the  ancient panegyris of Delos  in the five courts of the Ephetae, and infers, more[DELA], where a great number of the Ionians  over, the early existence of a senate at Athens,
assembled with their wives and children.  Re-  resembling  the Gerousia at Sparta, and invested
specting the particulars of its celebration, we only  with the jurisdiction in cases of homicide. (Thirlknow that it was accompanied with much mirth  wall, Hist. of Greece, vol. ii. p. 41.).The name of
and feasting, and that mystical sacrifices were of- Ephet ae given to the members of this council was,
fered to the Ephesian goddess. (Strabo, 1. c.) That as he conceives, rather derived from their granting
games and contests formed likewise a chief part of ia license to aveIlge blood (o[l i"Qssa d r.i a&'po0sd4 
the solemnities is clear from Hesychius (s. v.), who  Rvh avJ3pro7Carrv) than their being appealed to, or
calls the Ephesia an  yB   oriqMpavs.  (Compare  from the transfer to them  of a jurisdiction which
Panus. vii. 2. ~ 4; Miller, Dow. ii. 9. ~ 8; Bockh, before the time of Draco had belonged to the
Cghp. Inscrilot. ii. n. 2909.)                    kings.  (Pollux, 1. c.)  If this hypothesis be true,
From  the manner in which Thucydides and  it becomes.a question, why and when was this
Strabo speak of the Ephesia, it seems that it was separation of the courts made?  On this subject
only a panegyris of some Ionians, perhaps of those  Muiiller adds, that when an act of homicide was
who lived in Ephesus  itself and its vicinity. not punished by death or perpetual banishment,
Thucydides seems to indicate this by comparing it the perpetrator had to receive expiation.  [Exslwith the Delian panegyris, which likewise con- Lsum.]  Now  the atonement for blood and the
sisted only of the Ionians of the islands near purification of a shedder of blood.came under the
Delos; and Strabo, who calls the great national sacred law of Athens, the knowledge of which was
panegyris of all the Ionians in. the Panionium the  confined to the old nobility, even after they had
rotsvs 7srar,-yvpis'rSv'ImCieo, applies to the Ephesia  lost their political power.  [EXEGETAE.]  COI1nsimply the name 7rav'ryvpis.  It may, however, sequently the administration of the rights of exhave existed ever since the time when. Ephesus was  piation could not be taken away from them, and
the head of the Ionian colonies in Asia.   [L. S.]  none but an aristocratical court like that of the
E'PHESIS (fsol's).  [APPELLATIO.]               Ephetae would be competent to grant permission
EPHESTRIS (ipe(Trpls).  [AMIcTUS.]              of expiation for homicide, and to preside over the
E'PHETAE  (iPETaL), the name of certain  ceremonies connected with it.  Accordingly, that
judges at Athens. They were fifty-one in number,  court retained the right of decision in actions for
selected from noble families (aplisvis'rinv alipeOi'Ves),  manslaughter, in which a temporary flight was
and more than fifty years of age.  They formed a  followed by expiation, and also in cases of justifi



464             EPHIPPIUM.-                                         EPHORI.
able homicide, whether from the similarity of the  piim " denoted not a mere horse-cloth, a skin; or
latter (as regards the guilt of the perpetrator) to  a flexible covering of any kind, but a saddle-tree,
acts of accidental homicide, or as requiring a like  or frame of wood, which, after being filled with a
expiation.  (Plat. Leg. ix. pp. 864, 875.)   For stuffing of wool or cloth. was covered with softer
acts of wilful murder, on the other hand, the  materials, and fastened by means of a girth (cinc/lpunishment was either death or aeivuyia, and  lume, zona) upon the back of the animal.  The
therefore no expiation (ca'Oapris) was connected  ancient saddles appear, indeed, to have been thus
with the administration of justice in'such cases, far different from  ours, that the cover stretched
so that there could be no objection against their upon the hard frame was probably of stuffed or
being tried by the court of the Areiopagus, though  padded cloth rather than leather, and that the
its members did not of necessity belong to the old  saddle was, as it were, a cushion fitted to the
aristocracy.                                     horse's back.  Pendent cloths (orp'laea7, st -tata )
Such  briefly are the reasons which  MUller were always attached to it so as to cover the sides
alleges in support of this hypothesis, and if they  of the animal; but it was not provided with stirare valid there can be little doubt that the separa- rups.  As a substitute for the use of stirrups the
tion alluded to was effected when the Athenian  horses, more particularly in Spain, were taught to
nobility lost their supremacy in the state, and a  kneel at the word of command, when their riders
timocracy or aristocracy of wealth wvas substituted  wished to mount them.  See the preceding figure
for an aristocracy of birth. This, as is well known, from an antique lamp found at Herculaneum, and
happened in the time of Solon.                   compare Strabo, iii. 1. p. 436, ed. Sieb.; and Silius
Lastly, we may remark, that the comparatively  Italicus, x. 465.
unimportant and antiquated duties of the Ephetae    The saddle with the pendent cloths is also exsufficiently explain the statement in Pollux (1. c.), hibited in the annexed coin of Q. Labienus.
that their court gradually lost all respect, and be-h
came at last an object of ridicule.  [R. W.].
EPHI'PPIUM  (a&opacig, irIrrlove, ei~rsreiov)B,
a saddle.  Although the Greeks occasionally rode                                          s'
without any saddle (eion *iXou hrirov, Xenoph. De      7   ) $
Re Eqzues. vii. 5), yet they commonly used one,
and from them the name, together with the thing,
was borrowed by the Romans. (Varr. DeRe Rust.
ii. 7; Caes. B. G. iv. 2; Hoer. Epist. i. 14. 43;    The term "Ephippium " was in later times in
Gellins, v. 5.)  It has indeed been asserted, that part supplanted by the word " sella," and the more
the use of saddles was unknown until the fourth  specific expression " sella equestris."'   [J. Y.]
century of our era. But Ginzrot, in his valuable    E/PHORI ("Edopot). Magistrates called Ephori
work on the history of carriages (vol. ii. c. 26), or cc Overseers" were common to many Dorian
has shown, both from the general practice of the  constitutions in times of remote antiquity. Cyrene
Egyptians and other Oriental nations, fioml the  and the mother state of Thera may be mentioned
pictures preserved on the walls of houses at Hercu- as examples: the latter colonized from Laconia in
laneum, and from the expressions employed by J. early ages, and where, as we are told, the ephors
Caesar and other authors, that the term  "ephip- were &7rc6vu/zoi, i. e. gave their name to their year
of office.  (Heracl. Pont. 4.)   The ephoralty at
Sparta is classed by Herodotus (i. 65) among the
institutions of Lycurgus.  Since, however, the
ephori are not mentioned in the oracle which contains a general outline of the constitution ascribed
to him  (Plut. Lycurg. 6), we may infer that no
new powers were given to them by that legislator,
or in the age of which he may be considered the
representative.  Another account refers the insti.
tution of the Spartan ephoralty to Theopompus
( \ (. c. 770-720), who is said to have founded
this office with a view of limiting the authority of
the kings, and to have justified the innovation by
~17~ /~  ~,         remarking that " he handed down the royal power
to his descendants more durable, because he had
diminished it."  (Aristot. Polit. v. 9.)  The in\~\(   S          0t< V2'/(/   ~consistency of these accounts is still farther complicated by a speech of Cleomenes III., who is re-   CR,/<,f4/  presented to have stated (Plut. Cleoz. 10) that the
ephors were originally appointed by the kings, to
act for them in a judicial capacity ( rpbs r' tcpive,v)
during their absence from Sparta in the first Messenian war, and that it was only by gradual
usurpations that these new magistrates had made
themselves paramount even over the kings themselves. Now, according to some authorities (Thirlwall, -list. of Greece, vol. i. p. 353), Polydorus, the
colleague of Theopompus, and one of the kimngs
under whom the first Messenian war (B. c. 743723) owas completed, appropriated a Pa:t of the




EPHOR:I;                                            EPHORI.                    465
conquered Messenian territory to the augmentation: spects resembled the Prytaneinm  at Athens, as
of the numnber of portions of land possessed by the  being the place where foreigners and ambassadors
Spartans -an augmentation which implies an in-  were entertained, and where, moreover, the ephors
crease in the number of Spartan citizens.  But the  took their meals together.  (Pallsan. iii. 1]. ~ S.)
ephors, as we shall see hereafter, were the repre-    The ephors also possessed judicial authority,
sentatives of the whole nation, and therefore, if in  oni which subject Aristotle (Polit. iii. 1) remarks
the reign of Theopompus the franchise at Sparita  that they decided in civil suits (lm'cai rou, ov~Cowas extended to a new class of citizens who never-  Aaiwv), and generally  in actions of great imtheless were not placed on an equality with the  portance (cpisocewxv cteydAc   p,  oPolit. ii. 6):
old ones (fvro/epEovEs), the ephors would thencefor-  whereas the council presided over capital crimes
ward stand in a- new positionl with respect to the  (Ui:al (porLCal).  In this arrangement we see an
kings, and the councillors (oh?yEpovsES) who were  exemplification of a practice common to many of
elected from  the higher class.  Moreover, it is  the ancient Greek states, according to which a
not improbable that, during the absence of the  criminal jurisdiction was given to courts of ariskings, the ephors usurped, or had conferred upon  tocratic composition, while civil actions were dethem, powers which did not originally belong to  cided by popular tribunals.  [Compare EPHETAE
them; so that, from  both  these causes, their  and AREiePAGUs.] But with this civil jurisdiction
authority may have been so far altered as to lead  was united a censorial authority, such as was posto the opinion that the creation of the office, and  sessed by the ephors at Cyrene: for example, the
not merely an extension of its powers, took place  ephors punished a man for having brought money
during the reign of Theopompus. Again, as Thirl-  into the state (Plut. LyssI. 19), and others for inwall observes, "if the extension of the ephoralty  dolence.  (Schol. ad Tnzlyc/d. i. 84.)  We are told
Owas connected with the admission of an inferior also, that they inspected the clothing and the bedclass of citizens to the franchise, the comparison  -ding of the young men.  (Athen. xii. p. 550.)
which Cicero (De Leg. iii. 7, De Rep. ii. 33)  Moreover, something' like a superintendence over
dcraws  between  the ephoralty  and the Roman  the laws and their execution is implied in the ]antribunate would be more applicable than he him- guage of the edict, which they published on entering
self suspected, and would throw  a light on the  upon their office, ordering the citizens s" to shave
seeming  contradiction of the ephors being all- the upper lip (/ud'zGtca), i. e. to be submissive, and
powerful, though the class which they more espe- to obey the laws." Now the symbolical and archaic
cially represented  enjoyed only a limited fran-  character of this expression seems toprove that the
chise." (Hist. of Greece, vol. i. p. 356.)  But after  ephors exercised such a general superintendence
all, the various accounts which we have been consi-  from very early tiles, and there can be no doubt
dering merely show  how  different were the opi- t" tht in the hands of able men, it would alone
nions, and how  little historical the statements, pprove an instrument of unlimited power."  (Thirlabout the  origin of the ephoralty.   (Miiller,  wall, Ilist of Greece, vol. i. p. 355.)
D)omians, iii. c. 7; and see Clinton, F. II.  ol. i.    Their jurisdiction and power were still farther
Appendix 6.)                                        increased by the privilege of instituting scrutinies
We therefore proceed to investigate tlie fruc-  (evOvval) into the conduct of all the magistrates,:tions and authority of the ephors in historical times,  on which Aristotle (Polit. ii. 6. ~ 17) observes that
after first observing that their office, considered as it wais a very great gift to the ephoralty (-roe7o 68
a counterpoise to the kings and council, and in that  vfs pfopEa, EIysa Atao Arb N)pop).  Nor were they
Irespect peculiar to Sparta alone of the Dorian states, obliged to wait till a magistrate had completed his,wvould have been altogether inconsistent with the  terim of office, sinlce, even before its termination,
constitution of Lycurgus, and that their gradual they  might exercise the privilege of deposition
usurpations and encroachments were facilitated;y  (Xen. De Re. Lac. viii. 4.)  Even the kings themthe vague and indefinite nature of their duties. selves could be brought before their tribunal (as
Their nlumber, five, appears to have been aliwa-s  Cleomenes was for bribery,- SpooKica, Herod. vi.
the same, and was probably connected with the  82), though they were not obliged to answer a
five divisions of the town of Sparta, namely the  summons to appear there, till it had been repeated
four iscilIea,  Liamnae, Mesoa, Pitana, Cynnosurs, and  three times. (Plut. ('leo?. 10.)  In extreme cases,
the tIAIs or city properly so called, around which  the ephors were also competent to lay an accusation
the  /cleuas lay. (Plhiloloy. ]V[useum, vol. ii. p. 52.)  against the kings as well as the other magistrates,
They were elected from  and by the people (et  and bring them to a capital trial before the great
arda7-cov), without any qualification  of age or  court of justice.  (Xen. 1. c.;Herod. vi. 85.)
property, and without undergoing any scrutiny (of: If they srat as judges themselves, they were only
ruXds'Vres); so that, as Aristotle remarks (Polit. ii. able, according to Miiller, to impose a fine, and
7), the 8- /os enjoyed through them  a participa-  compel immediate payment; but they were not in
tion in the highest magistracy of the state.  The  any case, great as was their judicial authority,
precise mode of their election is not known, but bound by a written code of laws.  (Aristot. Polit.
Aristotle (I.c.) speaks of it as being very puerile; ii. 6.)
and Plato (Leg. iii. p. 692) describes their office    In later times the power of the ephors was
as?yym'r's  x-qp-rsjs Uv'dreWEs, words which  greatly increased; ald this increase appears to
may apply to a want of a directing and discrimin-  have been principally owing to the fact, that they
sting principle in the electors, without of necessity  put themselves in connection with the assembly of
implying an election by lot.  They entered upon  the people, convened its meetings, laid measures
office at the autumnal solstice, and the first in rank  before it, and were constituted its agents and reof the five gave his name to the year, which was  presentatives.  When  this connection  arose is
called after him in all civil transactions.  (Miiller, matter of conjecturq; some  refer the origin of it to
Dor. iii. 7. ~ 7.)  Their meetings ~were held in the  Asteropus, one of the first ephors to whom the expilblic building called &.tpX6er, which in solme re- tenssion of the powers of the ephoralty is ascribed,
Ie H




466b               EPIHIORI.                                         EPIBATA.
and who is said to have lived many years after the    The position which, as we have shown, the:
time of Theopompus; probably about B. c. 560. ephors occupied at Sparta, will explain and justify
That it was not known in early times appears from  the statement of Miiller, " that the ephoralty was
the circumstance that the two ordinances of the  the moving element, the principle of change in the
oracle at Delphi, which regulated the assembly of Spartan constitution, and in the end, the cause of
the people, made no mention of tIhe functions of the  its dissolution."  In confinrmation of this opinion
ephors.  (Thirlwall, vol i. p. 356.)  It is clear, we may cite the authority of Aristotle, who obhowever, that the power which such a connection  serves, that from the excessive and absolute power
gave, would, more than any thing else, enable  (ioordparvos) of the ephors, the kings were obliged
them to encroach on the royal authority, and make  to court them  (681sayWyezv), and eventually the
themselves virtually  supreme in the state.  Ac- government became a democracy instead of an
cordingly, we find that they transacted business  aristocracy.  Their relaxed and dissolute mode of
with foreign ambassadors (Herod. ix. 8); dis- life too (&e'yEiz',j Uatla), he adds, was contrary to
missed them from the state (Xen. Hell. ii. 13. ~ ]9); the spirit of the constitution; and we may remark
decided upon the government of dependent cities  that it was one of the ephors, Epitadeius, who first
(Xesn. Hell. iii. 4. ~ 2); subscribed in the presence  carried through the law permitting a free inherit.
of other persons to treaties of peace (Thucyd. v. 19), ance of property in contravention of the regulation
and in the time of war sent out troops when they  of Lycurgus, by which an equal share in the comthought necessary.  (Herod. ix. 7.)  In all these  mon territory was secured to all the citizens.
capacities the ephors acted as the representatives of    The change, indeed, to which Aristotle alludes,
the nation, and the agents of the public assembly, might have been described as a transition from an
being in fact the executive of the state.  Their an- aristocracy to an oligarchy; for we find that in
thority in this respect is further illustrated by the  later times, the ephors, instead of being demafact, that after a declaration of war, " they entrusted  gogues, invariably supported oligarchical principles
the army to the king, or some other general, who  and privileges.  The case of Cinadon, B.'c. 399, is
received from them  instructions how to act; sent an instance of this; and the fact is apparently so
back to them for fresh instructions, were restrained  inconsistent with their being representatives of the
by them through the attendance:of extraordinary  whole community, and as much so of the lower
plenipotentiaries, were recalled by means of the  (m7rouelovEs) as of the  higher (poozot) class of
scytale. summoned before a judic'ial tribunal, and  citizens, that WTachsmuth supposes the Btuyos, from
their first duty after return was to visit the office  and by whom the ephors were chosen, to mean the
of the ephors."  (Mdiller, Dor. vol. ii. p. 127.)  whole body of privileyed or patrician citizens only,
Another striking proof of this representative cha-  the most eminent ( aXol c&tyaOoi) of whom were
racter is given by Xenophon (De Rep. Lac. 15), elected to serve as yyfpoTres.  This supposition is
who informs us, that the ephors. acting on behalf not itself improbable, and would go far to explain
uf the state (gvrep ris 7rhXeWos), received from the  a great difficulty; but any analysis of the argukings every month an oath, by which the latter ments that may be urged for and against it is pre.,
bound themselves to rule accordiing to law; and  eluded by our limits.  (See Thirlwall, vol. iv.
that, in return for this, the state engaged, through  p. 377.)  We only add that the ephors became at
the ephors, to maintain unshakena the authority of last thoroughly identified with all opposition to the
the kings, if they adhered to their oath.         extension of popular privileges.
It has been said that the ephors encroached upon  For this and other reasons, when Agis and
the royal authority; in course'of time the kings  Cleomenes undertook to restore the old constitubecame completely under their control.  For ex-  tion, it was necessary for them  to overthrow the
ample, they fined Agesilaus (Plut. Ages. 2. 5) on  ephoralty, and accordingly Cleomenes murdered the
the vague charge of trying to make himself popular, ephors for the time being, and abolished the office
and interfered even with the domestic arrangements  (B. c. 225); it was, however, restored under the
of other kings; moreover, as we are told by  Romans.                                    [R. W.]
Thucydides (i. 131), they could even imprison the    EPI'BATAE  (irldTarl), soldiers or marines
kings, as they did Palsanias. We know also that appointed to defend the vessels in the Athenian
in the field the kings were followed by two ephors  navy, were entirely distinct from the rowers, and
who belonged to the council of war; the thtee  also from the land soldiers, such as hoplitae, pelwho remained at home received the booty in  tasts, and cavalry.  (Xen. Hell. i. 2. ~ 7, v. 1.
charge, and paid it into the treasury, which was  ~ 11; Harpocrat. and Hesych. s. v.)  It appears
under the superintendence of the whole College of that the ordinary number of epibatae on board a
Five.  But the ephors had still another prerog-  trireme was ten.  Dr. Arnold (ad Thuc. iii. 95)
tive, based on a religious foundation, which enabled  remarks that by comparing Thuc. iii. 95 with cc. 91,
them to effect a temporary deposition of the kings 94, we find three hundred epibatae as the colnpleOnce in eight years (s' r&~v E'v,4a), as we are told, ment of thirty ships, and also by comparing ii. 92
they chose a calm and cloudless night to observe  with c. 102, we find four hundred as the comnplethe heavens, and if there was any appearance of a  ment of forty ships; and the same proportion refalling meteor, it was believed to be a sign that the  sults from a comparison of iv. 76 with c. 101. In
gods were displeased with the kingls, who were ac-  Thucydides vi. 42u we find seven hundred epibatae
cordingly suspended from their functions until an  for a fleet of one hundred ships, sixty of which were
oracle allowed of their restoration.  (Plut. Agis, equipped n the ordinary way and forty had troops
11.)  The outward symbols of supreme authority  on board. In consequence of the number of heavyalso were assumed by the ephors; and they alone  armed men &ec To9 caaraXo'yov on the expedition,
kept their seats: while the kings passed; whereas it the Athenians appear to have reduced the number
was not considered below the dignity of the kings  of regular epibatae from ten to seven. The number
to rise in honour of the ephors.  (Xen. De Rep..  of forty epibatae to a ship mentioned by Herodotus
zLe. 15.)                                         (vi. 15), Dr. Arnold justly remarks (1. c.), "Ibe



EPIBOLE.                                           lEPICLERUS.                   467
longs to the earlier state of Greek naval tactics,  ceeding (fir any one might prosecute, Kt7clYOpesi),
when victory depended more on the number and  was said 0rib/n7u a E7rLyp'arOaeL, as the court or
prowess of the soldiers on board  than on the  jury were  said 7r/zY, "to assess the penalty,"
manceuvres of the seamen (Thnc. i. 49); and it was  which always devolved upon them, except whert
in this very point that the Athenians improved the  the penalty was one fixed by law  (EK'Csv vraawe
system, by decreasing the number of EiaredTal, and  E'rrlcLcEVluq   eiea), in which case it could not be
relying on the more skilful managemeunt of their  aitered.  (Aesch. fIepl  rIdpaC. 14, Bekk.; Dem.
vessels."                                            c: Thzeocr. p. 1328; Haspocr. s.  q.'ATr1urros
The epibatae were  usually  taken; from, the i&yc6.)                                    [C. R. K.]
Thetes, or fourth  class  of Athenian  citizens    EPICHEIROTO'NIA (EirLXElporodia). [CHEI(Thuc. vi. 42); but on one occasion, in a season  ROTONIA.]
of extraordinary danger, the citizens of the higher    EPICLEIRUS (EtrilcAXlpos, heiress), the name
classes (etc KCa'araXyou) were compelled to serve as  given:.to the daughter of an Athenian citizen, who
epibatae.  (Thuc. viii. 2.4.)                        had no son to inherit his estate.  It was deemed
The term is sometimes also applied by the Ro-  an object of importance at Athens to preserve the
man writers to the marines (Hirt.. de Bell. Alex. family name and property of' every citizen.  This
1, lde Bell. Afric. 63);. but they are more usually  was effected, where a man had. no child, by acdopcalled classicarii milites.  The latter term, however;. tion (eoioroi/omts); if he had- a daughter, the inis also applied to the rowers or sailors as well: as  heritance was transmitted through her to a grandthe marines (clcssiariormu? renzmiio ve7i, Tac. Ann. son, who would take the name of the maternal
xiv. 4).                                             ancestor.  If the father died intestate, the heiress
EPIBLE'MA  (E'7riX/lca).  [AMrIcTIrs.]            had not the choice of a husband,. but was bound to
EPFIBOLE  (&eriAoXj), a fine imposedl by a  marry her nearest relation, not in the ascending
magistrate, or other official person or body, for a  line.  Upon such person: making: his claimr before
misdemeanour. The various magistrates at Athens  the archon, whose duty it was 41rlfeEAcoS-aeL'rc'
had (each in his own department) a summary penal  i7rlcX1pw'  Kaieliy c    o0,cwv  r-'v etepm/utovkyc  o
jurisdiction; i. e. for certain offences they might  (Dem. c. Macart. p. 1076), public notice was given
inflict a pecuniary mulct or fine, not exceeding a  of the claim; and if no one appeared to dispute it,
fixed amount; if the offender deserved further  the archon adjudged;the heiress to him (&ireaitcaaEs
punishment, it was their duty to bring him before  aubra-' 7r   i'7r/scxXpov).  If another claimant apa judicial tribunal. Thus, in case of an injury done  peared (a1,U osq'recv avers- T res riK.), a court was
to orphans or heiresses, the archon might fine the  held for the decision of the right (tadtcaloeia r-'s
parties, or (if the injury were of a serious nature)  Eru.t.), which'was determined according to the
bring them  before the court of Heliaea.  (Dem.  Athenian law  of consanguinity (yi'ouvs icar' aye. M/Iacart. p. 10760)  Upon any one who made a  XLTEreav.)  Even where a woman was alread-y
disturbance, or otherwise misbehaved himself in the  married, her husband was obliged to give her up
public assembly, the proedri might impose a fine of to a man with a better title.; and men often put
fifty drachms, or else bring him for condign punish-  away their former wives in. order to marry heirment before the senate of 500, or the- next as-  esses.  (Dem. c. Onet. argum., c. Eubul. p. 13.11;
sembly. (Aesch. c. Timar. 35, Bekk.)  The senate  Isaeus, De Ptyrr. Hered. p. 78.)
of 500 were competent to fine to the extent of 500    A man without male issue might. bequeath his.
drachms.  (Dem. c..auerg. and Mhines. p. 1152.; property; but if he had a daughter, the devisee
see also Dem. c. Mid. p. 572.)                       was obliged to marry her. (iiaeus, De A rist. Hered.
The magistrate who imposed the fine@ (Ensro2viX p. 19.).If the daughter was poor, and the nearest
e7rieaXe) had not the charge of levying-.it, but was  relatdie did not choose to marry her, he was bound
obliged to make a, return thereof to the treasury  to give her a portion corre ponding to his own forofficers (Esr1ypdciPev or Eyypdcie,/, v ToT7s rpgcbropo',  tune.  (Dem. e.  [aceart. p. 1067.)
or E'yypdaa'-EY  ro, nuooTi), whereupon,. like  all    The husband of an hIiress took her property
other penalties and amerciaments, it became (as we  until she had a son of full age (ierl 8LET'rsr)~lshould say) a debt of record, to be demanded or  (ravTa), who was usually adopted into his maternal
recovered by the collectors. (Aesch. c. Tiuar. I. c.;  grandfather's family, and took possession of the
Denm. c. Nicost. p. 1251.)  If it were made pay-  estate.  He then became his mother's legal proable to the fund of a temple,.it was collected by, tector (Ocpmos), and was bound to find her mainthe functionaries who had the charge of that fund  tenance (aeros).  If there were more sons, they
('raeias).  There might (it seems) be an appeal  shared the property equally.  (Isael-s, De Pyri'.
from the sentence of the magistrate to a jury or  Hered. p. 59, De OCr. Hered. p. 40; Dem. c. Steplc.
superior court. (Meier, Att. Proc. pp. 32, 34, 565; pp..1l34, 1135.)
Schbmann, Ant. Jcur. Pub. Grhae. pp. 242, 293.)        When there was but one daugLhter, she was
As under the old Roman law. no magistrate could  called ernikXsrpos 7rl raTri T'rp oicK. c. If there were
impose a fine of more than two oxen and thirty  more they inherited equally, like our co-parceners;
sheep, so by the laws of Solon fines were of very  and were severally married to relatives, the nearest
small amount at Athens.  How  greatly they in-  having the first choice.  (Andoc. De M2lyst. p. 117,
creased afterwards (as money became more plentiful,  &c.;. Isaeus,.De Ciar. Hered. pp. 57, 58.) Illegitimate
and laws more numerous), and how important a  sons did not share with the daughter, the law
branch they formed' of the public revenue, may be  being'd0' 1u/  ei'ai ayxai7E-L'av  p'O' i'Ep0 y palO'
seen from  the examples collected by 13ickh, Pub.   o-l'v.. (Den.    /lcaGC -t. p. 1067; Aristoph. Avos,
LEcon. of A1tzens, p. 375, &c., 2nd ed.              1652.)
These epibokte are to be distinguished from the      The heiress was under the special protection of
penalties awarded by a jury or court of law (7'-q/j- the archon; and if she was injured by her husband
taora) upon a formal prosecution.  There the nma- or relatives, or by strangers ejecting her from her
gistrate or other person who instituted the pro-  estate, the law.gxave a criminal prosecution against
Hd  2




'468           EPIMELETAE..EPISTATES.
the offender, called icatKicEJEO eo'a'tyycXla. (Isaeus,    4.'E7rtxeX?,?rl r s' MVuo'vJP7iwv, were, In conDe Pyrr. tiered. p. 76; Meier, Att. Proc. pp. 269, nection with the king archon, the managers of the
460, 468.)                          [C. R. K.]    Eleusinian mysteries.  They were elected by open
EPIDAUJ'RIA.  [ELEUSINIA.]                      vote, and were four in number; of whom two were
EPIDICA'SIA  (4Ir'latcao'a).  [HERES.]          chosen from  the general body of citizens, one
EPIDEMIURGI.  [DEMIURGI.]                       from the Eumolpidae, and one from the Ceryces.
EPI'DOSEIS (0nrLsO-sLr), were voluntary con-  (Harpocrat and Suid. s. v.; Dem. c. Aleid. p. 570. 6.)
tributions, either in money, arms, or ships, which   5. Ei'EyrqseAXaTl'v rewoplwo, the inspectors of
were made by the Athenian citizens in order to  the dockyards, formed a regular apX6, and were
meet the  extraordinary demands of the state.  not an extraordinary commission, as appears from
When the expences of the state were greater than  Demosthenes (c. E2cerg. et glanes. p. 1145), Aesits revenue, it was usual for. the prytares to sum-  chines (c. Ctesiph. p. 419), and the inscriptions
mon an assembly of the people, and after ex-  published by B1ckh (Ulcunden iiber das S'eeeesenplaining the necessities of the state, to call upon  des Altisc/ses Staates, Berlin, 1840), in which they
the citizens to contribute according to their means.  are sometimes called or 6pxDovres e Tro7s T eowplos,
Those who were willing to contribute then rose  and their office designated an aPXi.  (No. xvi. b.
and mentioned what they would give; while those,  104, &c.; No. x. c. 125; No. xiv. c. 122. 138.)
who were unwilling to give any thing, remained  We learn from the same inscriptions that their ofsilent or retired privately from  the assembly.  fice was yearly, and that they were ten in number.
(Pint. -Alcib. 10, Ph/oc. 9; Dem. c. Meild. p. 567; It also appears that they were elected by lot from
Theophras. Clasr. 22; Athen. iv. p. 168, e.)  The  those persons who possessed a knowledge of shipnames of those who had promised to contribute, ping.
together with the amount of their contributions,    The principal duty of the inspectors of the dockwere written on tablets, which were placed before  yards was to take care of the ships, and all the
the statues of the Eponymi, where they remained  rigging, tools, &c. (o-IEV 1) belonging to them.
till the amount was paid.  (Isaeus, De Dicaeog.  They also had to see that the ships were seap. 111, ed. Reisk.)                               worthy; and for this purpose they availed them-.
These epidoseis, or voluntary contributions, were  selves of the services of a lomnefaer7, who was
frequently very large. Sometimes the more wealthy  well skilled in such matters. (Bbckh, ibid. No. ii.
citizens voluntarily undertook a trierarchy, or the  56.)  They had at one time the charge of various
expences of equipping a trireme.  (Dem. c. Meid.  kinds of military 0Reov, which did not necessarily
p. 566. 23.)   We read that Pasion furnished  belong to ships, such as engines of war (No. xi. m),
1 000 shields, together with five triremes, which he  which were afterwards, however, entrusted to the
equipped at his own expence.  (Dem. c. Step/s. generals by a decree of the senate and people.
p. 1127. 12.)  Chrysippus presented a talent to  (No. xvi. a. 195.)  They had to make outs alistof
the state, when Alexander moved against Thebes  all those persons who owed anything to the docks
(Dem. c. Pl/omeo. p. 918. 20); Aristophanes, the  (Dem. c. Escerg. et Mnzes. p. 1145), and also to
son of Nicophemus, gave 30,000 drachmae for an  get in what was due.  (Id. c. A4ndrot. p. 612.)
expedition against Cyprus (Lysias, p1o  Aristop/s.  Wre also find that they sold the rigging, &c., of
boais, p. 644); Charidemus and Diotimus, two  the ships and purchased new, under the direccommanders, made a free gift of 800 shields (Dem.  tion of the senate, but not on their owni responsipro Coron. p. 265. 18); and similar instances of bility.  (No. xiv. b. 190, &c., compared with Nos.
liberality are mentioned by Bdckh (Publ. Econ. of  xiv. xvi. u.)  They had iyeeeovoia, 8lKaCTr?7piou in
Atsenas, pp. 586, 587, 2nd. ed.), from whom the  conjunction with the i&'roor-oXEhs     in all matters
preceding examples have been taken.  (Compare  connected with their own department.  (Dem. c.
Schdimann, De Cbmitiis, p. 292.)                  Euesr. et a1nes. p. 1147.)  To assist them in disEPIGA'MIA ('7rtyaFsia). [CIvITAS (GRLEEIc.)]  charging their duties they had a secretary (ypc,uEPIGRAPEIEIS (Enrvypaqreps).  [EIsPHgORA.]  tcarebs, No. xvi. b. 165), and a public servant (-I7EPIMELE'TAE (n7riteXralr), the names of tJd~oso ev roT? VeopLots, No. xvi. b. 135).  For a
various magistrates and functionaries at Athens.    further account of these inspectors, see Bbckh,
1.'E7rtSneU1r4's    ris ictVS  T rpooarDov, more usu-  Url/knden, &c. pp. 48-64.
ally called va/ntas, the treasurer or manager of the  6.'E'resXsAral'riv qwvdvi, the inspectors of the
public revenue.  [TAeIIas.]                       qpvx&i or tribes.  [TlRIBus.]
2.'ErpelFqratl vrctxuoptiY,'E/Xrcal, werepersons    EPIRHE'DIUM.  [RuiEDA.].chosen from among the Areopagites to take care of    EPISCE'PSIS (4ir[olc-rnl's).  [MARTYRIA.].the sacred olive trees. (Lysias, Areopag. p. 284.5.)    EPI/SCOPI (rlrtcoarol), inspectors, who were
3.'EnrtyesXurai rov'EJpuropiov, were the overseers  sometimes sent by the Athenians to subject states.
of:the emporium.  [EMPoRInuse.]  They were ten  Harpocration compares them to the Lacedaemonian
in number, and were elected yearly by lot. (HIar-  harmosts, and says that they were also called
pocrat. s. v.)  They had the entire management of OpXAarces.  It appears that these Episcopi received
the emporium, and had jurisdiction in all breaches  a salary at the cost of the cities over which theyof the commercial laws. (Dem. c. Lacrit. p. 941. 15. presided. (Aristoph. Aves, 1022, &c., with Schol.;
c. Tl/coc. p. 1324; Dinarch. c. Aristog. pp. 81, 82.)  Harpocrat. s. v.; Bbckh, Publ. Econ. of At/.ess,
According to Aristotle (cpud IHarpocrat. s. v.), pp. 156, 238, 2d ed.; Schbmann, Antiq. Juris
it was part of their duty to compel the merchants to  Pub. Graec. p. 432. 18.)
bring, into the city two-thirds of the corn which    EPI'STATES (i7rsvTd-ruS), which means a per.
had been brought by sea into the Attic emporium; son placed over any thing, was the name of two
by which we learn that only one-third could be  distinct classes of functionaries in the Athenian
carried away to other countries from the port of state; namely, of the chairman of the senate and
the Peiraeeus. (Bdockh, Publ. Econ. of Atlens,  assembly of the people, respecting whose duties see
I'P. 48, 81, 2nd ed.; Meier, Att. Proc. p. 86.)   the articles BOITLF and ECCLESIA; and also of the




EPIST'L   LI UM.,                                   E.PIROPUS.                  4:69
directors of the public works.  ('ErLi:raral  a3v  Forum  at Pompeii.  The holes seen at the bacik
8/1qCoolwv [pycwv.)  These directors had different of the frieze received the beams which supported
names, as'reto0roti, the repairers of the walls; an upper gallery.
rp~ipoirooi, the builders of the triremes; raqolperoeoi,
the repairers of the trenches, &c.; all of whom
were elected by the tribes, one from each: but the!i liliil'iiil i
most distinguished of these were the TeiXowof._e.
(Aeschin. c. Ctesip. pp. 400, 422, 425.)  Over                         il
other public buildings a manager of public works
had the  superintendence; and it wvas in this
capacity that Pericles, and subsequently Lycurgus,
undertook so many works of architecture.  In the
inscriptions relating to the building of the temple
of Athena Polias, we find E'irrara-al mentioned._ 
(BJckh, Publ. Eicon.  of A2thens, p. 203, 2nd ed.)                    ii l
Similar authorities were appointed for the care of
the roads, and of the supply of water (6&;,7rooi,o 
Aeschin. c. Ctesiph. p. 419; eiro'T=rarai T'V V&SrToY,
Plut. Thlem,. 31; Schbmanll, An2ti. Juris Publ. 
Grae. p. 247).
The directors received the money which was
necessary for these works from the public treasury
(tic T'rT AsLotcecsws, Aeschin. c. Clesiplh. p. 425).
EPI'STOLA.  [CONSTITUTIO.]
EPISTOLEUS (E'7rsT0roXAs), was the officer
second in rank in the Spartan fleet, and succeeded    The word is sometimes also used for the whole
to the command if any thing happened to the  of the entablature.                          [P. S.]
v:avdpXos or admriral.  (Xen. HellU. i. 1. ~ 23, iv.    EPITA'PHIUM.  [FuNus.]
8. ~ 11, v. 1. ~ 5, 6; Sturtz, Lex. Xenoloh. s. v.)    EPlTHALA'MIUXM.  [MATRIMoN     lUU.]
Thus, when the Chians and theother allies of    EPTITMIA  (E7strLTLIa).  [ATIMIIA.]
Sparta on the Asiatic coast sent to Sparta to re-    EPITRIERARCHE'MATOS     DIKE (irrpsquest that Lysander might be again appointed to  mpapxcaTros 8iK S).   [TRIERARCCI-HI.]
the command of the navy, he was sent with the    EPITROPES  GRAPHE  (Eir'TpoMris  ypaen).
title of ErsozoO.Aevs, because the laws of Sparta did  [EPITROPUS.]
not permit the same person to hold the office of    EPIiTROPUS  (7rhi-poeros), which  signifies
vaudapXos twice.  (Xen. Hell. ii. 1. ~ 7.)        literally a person to whomn any thing is given in'
EPISTY'LIUM  (Qrsrhv'Xov), is properly, as  charge (Dem. c Aphob. i. p..819. 18), occurs, howthe name implies, the architrave, or lower member  ever, much more frequently in. the sense of a gnarof an entablature, which lies immediately over the  dian of orphan children.  Of such guardians there
columns. (Plut. Per. 13; Paus. pass.; Varr. R. R.  were at Athens three kinds: first, those appointed
iii. 2; Festus, s. v.; comp. COLUMNA, p. 324, a)  in the will of the deceased father; secondly, the
The rules for the height of tihe architrave are givem  next of kin, whom  the law designated as tutores
by Vitruvius (iii. 3. s. 5, ed. Schn.).  In the  legitimi in default of such appointment, and who
best examples of the Doric order, the front of the  required the authorization of the archon to enable
architrave was a plain flat surface, with no carvings, them to act; and lastly, such persons as the archon,
but sometimes ornamented with metal shields af-  selected if there were no next of kin living to unfixed to it over each column, as in the Parthenon,  dertake the office.  The duties of the guardian
where there  are also inscriptions between the  comprehended the  education, maintenance, and
shields.  (See Lucas's model.)  In the Ionic and  protection of the ward, the assertion of his rights,
Corinthian orders it was cut up into two or usually  and the safe custody and profitable disposition of
three surfaces (fasciae), projecting beyond one  his inheritance during his' minority, besides making
another, the  edges  of which were afterwards  a proper provision for the widow if she remained
decorated with mouldings.  (See the woodcuts  in the house of hey late husband.  In accordance
under CoLUmNNA.)  Originally the architrave was  with these, the guardian was bound to appear in
the main beam, laid along the top of the columns  court in all actions in behalf of or against his ward,
to support the roof.  When stone was used, a  and give in an account of the taxable capital
natural limit was set to the length of the pieces  (T'iyn1na) when an Eirrpopd (the only impost to:
of the architrave, and consequently the distance of which orphans were liable) was levied, and make
the columns, by the impossibility of obtaining  the proportionate payment in the minor's name.
blocks of stone or marble beyond a certain size.  With reference to the disposition of the property,
In the temple of Artemis at Ephesus. the pieces of two courses were open to the guardian to. pursue,
the architrave were so large that Pliny wonders  if the deceased had left no will, or no specific
how they could have been raised to their places. directions as to its management, viz., to: keep it in
(H. N. xxxvi. 14. s. 21.)  When an intercolum-  his owIn hands and employ it as he best could for
niation was of the kind called araeostyle, that is, the benefit of the minor (1otUcefi'), or let it out to
when the csolumns were more than three diameters  farm to the highest bidder (yUisOsov ciy' otcoY).
apart, the epistylium was necessarily made of wood  In the former case it seems probable (Dem. c.
instead of stone (Vitruv. iii. 2. s. 3. ~ 5. ed. Schn.);  Onetor. i. p. 865. 17) that a constant control of
a construction exemplified by the restoration in the  the guardian's proceedings might be exercised by
annexed woodcut (Pompeii, vol. i. p. 14.3) of the  the archon; and a special law ordained that all
Doric portico, which surrounds three sides of the  money belonging to a minor should be vested' il
"                     n~HHs3




470              EPOBELIA.                                          EPULONES.
mortgages, and upon no account be lent out upon    EPO'MIS (07rcowls).  [TUNICA.]
the more lucrative but hazardous security of bot-   IEPONI A (ircwvia).  [TELos.]
tomrry.  (Suidas, s. v,.'EyyeLov.)                 EPO'NYMUS (Ea7rcvujos), having or giving   a
To insure the performance of these duties the  name, was the surname of the first of the nine
law permitted any free citizen to institute a public  archons at Athens, because his name, like that of
action, as, for instance, an apagoge or eisangelia  the consuls at Rome, was used in public records to
against a  guardian who  maltreated  his ward  mark the year [ARcHoN].  The expression  7rciO(aicac~osos op4psavso), or a'ypaipf  Ertirporfis for  vuiot,riv  j;ItcLiv, whose number is stated by
neglect or injury of his person or property; and the  Suidas, the Etymotogicum Magn., and other grampunishment, upon conviction, depended entirely  marians, to have been forty, likewise applies to the
upon the greater or less severity of the dicasts. chief-archon of Athens.  Every Athenian had to
(Meier, Att. Proc. p. 294.)  If the guardian pre- serve in the army from his 19th to his 60th year,
ferred that the estate should be farmed, the regular i.e. during the arehonship of forty archons.  Now
method of accomplishing this was by making an  as an army generally consisted of men from  the
application to the.archon, who thereupon let the:age of 18 to that of 60, the forty archons under
inheritance to the highest bidder, and took care  whom they had been enlisted, were called  7rucovvthat the farmer shoulcl hypothecate a sufficient JUot,rov WXLICIV., in order to distinguish them from
piece of ground or other real property to:guarantee  the'EircwvlAot,ry UpvAvy.  (Compare Demosth. alp.
the fulfilment of the contract (IILroeLrq/a/).  In  Ilaspocr. at.. s..'Emrvvpo, and Bekker, Anecdota,
some cases the guardian might be compelled to  p. 245.)  At Sparta the first of the five ephors
adopt this course or be punished, if the lease were  gave his name to the year, and was therefore called
irregularly.or fraudulently made, by a phasis, &popos E'&rcvVos.    (Paus. ii. 11: ~ 2.)
which, upon this occasion, might be instituted by    It was a very pre ailent tendency among the:
any free citizen.  The guardianship expired when iancients in general:to:refer the origin of their inthe ward had attained his eighteenth year, and if -stitutions to some;ancient or fabullous hero (&pXy?the estate had been leased out, the farmer paid in  7yE7Ts, Dellosth. c. llracart. p. 1072), from whom,
the market-place the capital he had;received to  in most cases, the institution was also believed to
trade with, and the interest' that had accrued  have derived its name, so that the hero became its
(Dem. c. Ap7lob. i. 832. 1); if, however, the in-  aPXqY-i1ETr-Is  rc6vvuos.  In -later times new instituheritance had been managed by the:guardian, it. tions were often named after ancient heroes, on
was from him that the heir received his property  account of some fabulous or legendary connection
and the account of his disbursements during the  which was thought to exist between them and the
minority. In case the accounts were unsatisfactory, new institutions, and the heroes thus became, as it
the heir might institute an:action E7rtvo7rirs against were, their patrons or tutelary deities.  A striking
his late guardian; this, however, wvas a mere pri- instance of this custom are the names of the ten
vate lawsuit, in which the. damages and epobelia  Attic tribes instituted by Cleisthenes, all of which
only could be lost by the defendant, to the latter  were named after soume national hero.  (Demosth.
of which the iPlaintiff was equally liable upon fiail- Epitaplh. p. 1397, &c.; Paus. i. 5.)  These ten
ing to Oubtain the votes of a fifth of the dieasts. heroes who were at Athens, generalily called the
This action was barred by the lapse of five years  ercivvuot, or e7rcovv/Ao TrV cpuAivX, were honoured
from the termination of the guardianship; and, if with statues, which stood'in the Coeramicus, near
the defendant in it died: before that time, an action  the Tholos.  (Paus. i. 5. ~ 1; Suidas and Etymol.,BXa~rs would lie agaiint his representatives to re-  Magn. s. v.'E7rcvuvlvo.)  If an Athenian citizen
cover what was claimet lfrom his estate.  (Meier, wished to make proposals for a new law, he exAtt. Proc. p. 444, &c.)              [J. S. M.]    hibited them for public inspection in front of these
EPOBE'LIA (47rwoCesh a), as its etymology im-  statues of the 47riovuoic whence the expressions
plies, at the rate of,one:obolus for a drachma, or eIiOesvaL irpdo Oev Trwv s7rCouvwv, or 7rpbs TobS E7rCone in six, was payable oat the assessment (Tir*/ALa) YVlOrvs. (Aeschin. c. Ctesiph. p. 59, ed Steph.; Wolf,
of several private.causes, and sometimes in a case  Proleg. ad Demzosth. Leptin. p. 133.)    [L. S.]
of phasis, by the litigant that failed to obtain the    EPOPTAE (EMrdi'ral).  [EaEvsiNiA.]
votes of one.fifth of the dicasts.  (Dem... Aphob.    EPULO'NES, who were originally three in
p. 834. 25, c. Efuerg. et Mlsnesib. p. 11.58. 20.)  It number (Triumnviri Epulones), vere first created:
is inot, however, quite certain that such was in-  in  a. c. 196, to  attend to the Epulum  Jovis'
variably the case when the defeated suitor was the  (Valer. Max. ii. 1. ~ 2; Liva. xxxi. 4; Gell. xii.
defendant in the cause (Meier, Att. Proc. p. 730);  8), and the banquets given in honour of the other
thoughl in two great classes, namely, cross suits  gods; which duty had originally belonged to the
(wrmypa'a)., and those in wvhich a preliminary  Pontifices.  (Liv. xxxiii. 42; Cic. De Orat. iii.
question as to the admissibility of the original  19, De Earuslzss. Respons. 10.; Festus, s. v. Epocause of action was raised (7rapa-ypapal), it maybe  lonos.)  Their number was afterwards increased
confidently asserted.  As the object of the regula-  to seven (Gell. i. 12; Lucan, i. 602), and they
tion was to inflict a penalty upon litigiousness,  were called Septemviri Epulones or Septeinviri
and reimburse the person that was causelessly at-  Epfilonum;,under which names they are frequently
tacked for his trouble and anxiety, the fine ivas mentioned in inscriptions.  (Orelli, Inscrip. No.
paid to the successful suitor in private causes, and  590, 773, 2259, 2260, 2365.)  Julius Caesar
those cases of phasis in which a private citizen was  added th~ree more (Dion Cass. xliii. 51), but after
the party immediately aggrieved.  In public ac-  his time the number appears to have been again
cusations, in general, a fine of a thousand drachmae, limited to seven.
payable to the public treasury, or a complete or    The Epulones formed a collegium, and were one
partial,disfranchisement, supplied the place of the  of the four great religious corporations at Itome;
epobelia as a punishment for frivolous proseen-  the other three were those of the Pontifices, Al,tions.                       [J. S. M.]    gures, and Quindeceimviri.  (Dion Cass. liii. 1,




EQUITES                                            EQU ITES.                 471
lviii. 12; Plin. Ep. x. 3; Walter, Geselitilte des    The complete organization of the equites Livy
RLm. Rechts, ~ 141, 2d ed.)                       (i. 43) attributes to Servius Tullius. He says that
EtPULUM  JOVIS.  [EPULONES.]                    this king formed (scripsit) 12 centuries of equites
EQUI'RIA, horse-races, which  are said to  from the leading men of the state (ex primoribus
have been instituted by Romulus in honour of civitatis); and that he also made six centuries out
Mars, and were celebrated in the Campus Martius.  of the three established by Romulus. Thus, there
(Festus, s. v.; Varro, Ling. Lat. vi. 13, Miiller.)  were now 18 centuries.  As each of the 12 new
There were two festivals of this name; of which  centuries probably contained the same number as
one was celebrated a. d. lIt. Cal. Mart., and the  the six old centuries, if the latter contained 120()
other prid. Id. Mart.  (Ovid, Fast. ii. 859, iii. men, the former would have contained 2400, and
519.)  If the Campus Martius was overflowed by  the whole number of the equites would have been
the Tiber, the races took pltace on a part of the  3600.
Mons Coelius, which was caTled from that circum-    The account, however, which Cicero (De Rep?.
stance the Martialis Campus. (Festus, s. v. Mart.  ii. 20) gives is quite different.  He attributes the
CaG psus.)                                        complete organization of the equites to Tarquinius
E/QUITES.  The Roman Equites were origin-  Priscus. Me agrees with Livy in saying that Tarally the horse-soldiers of the Romlan state, and did  quinius Priscus increased the number of the Ramnot form a distinct class or ordo in the common- nes, Titienses, and Luceres, by adding new cenwealth till the time of the Gracchi.  Their insti-  turies under the name of Ramnes, Titienses, and
tution is attributed to Romulus, who caused 300  Luceres secundi (not, however, postericres, as Livy
equites, divided into three centuries, to be elected  states; compare Festus s. v. Sex Vestae);  but he
by the curiae.  Each of the old Roman tribes, the  differs from  him  in stating, that this king also
Ramnes, Tities, and Lucere-s was represented by  doubled their number after the conquest of the
100 equites, and consequently each of the 30  Aequi.  Scipio, who is represented by Cicero as
curiae by 10 equites; and each of the three cen-  giving this account, also, says that the arrangement
turies bore the name of the tribe which it repreo. of the equites, whiche  was made by Tarquinius
sented.  The three centuries were divided into 10  Priscms, continued unchanged to his day (. c.
turmae, each consisting of 30 men; every turma  129).  The account-  which Cicero gave of the
contained 10 Ramnes, 10 Tities, and 10 Luceres; equites in the constitution of Servius Tullius, is
and each of these decuries was commanded by a  unfortumately lost, and the only words which redecurio.  The whole body likewise bore the name  main are duodeviyinti ceesz naximmo; but it is diffiof Celeres, who are erroneously regarded by some  cult to conceive in what way he represented the
writers simply as the body-guard of the king.  division of the 18 centuries in the Servian constiThe commander of the 300 equites was called  tution, after he had expressly said that the orgaTribunus Celerumn. (Dionys. ii. 13; Varr. L. L. v. nization of the body by Tarquinius Priscus had
91, ed. Muiller; Plin. H. N. xxxiii. 9; Festus, continued unchanged to the time of Scipio.  The
s.v. Celeres; Liv. i. 13, 15.)  ['ELERES.]         number of equites in this passage of Cicero is open
To the three hundred equites of Romulus, ten  to much doubt and dispute. Scjipi states, accordAlban turmae were added by Tullus Hostilius. ing to the reading adopted in all editions of tIhe
(Liv. i. 30.)  There were consequently now  600  "'ie Republica," that Tarquinius Priscus increased
equites; but as the number of centuries was not the original' number of the equites to 1200, and
increased, each of these centuries contained 200  that he subsequlently doubled this number after
men.  Tarquinius Priscus, according to Livy (i. the conquest of the Aequi; which accosmt would
*36), wished to establish some new  centuries of make the whole number 2400, which number
horsemen, and to call them  by his own name, but cannot be correct, since if 2400 be divided by 18
gave up his intention in consequence of the opposi-  (the  number of the centuries), the qusotient is
tion of the augur Attus Navius, and only doubled  not a complete number.  The MS., however, has
the number of the centuries.  The three centuries  QC ACCC, which is interpreted to mean mille (c
which he added were called the Ramies, Titienses, dslcentos; but instead of this, Zumpt (Ueber die
and Luceres Posteriores. The number ought there- Rsnzisclesn Ritter u2d den Ritterstasd in Rows,
fore now to be 1200 in all, which number is given  Berlin, 1840) proposes to read O  DCCC, 1800,
in many editions of Livy (I. c.), but is not found in  justly remarking, that such a use of ac never occurs
any manuscript.  The number in the manuscripts  in Cicero.  This reading would make the number,
is different, but some of the best manuscripts have  when doubled, 3600, which agrees with Livy's view,
1800, which has been adopted by most modern  and which appears to have been the regularnumber
editors.   This number, however, is opposed to  of equites in the flourishing tim es of the republic.
Livy's previous account, and cannmot be supported    Both Livy and Cicero agree in stating that each
by the statement of Plutarch (Rome. 20), that after of the equites received a horse from  the state
the union with the Sabines, the equites were in-  (equszss publicus), or money to pu chase one, as well
creased to 600; because the original 300 are spoken  as a sum of mlonrey for its annual support; and that
of as the representatives of the three tribes; where- the expense of its support was defrayed by the
as, according to Plutarch's account, the original 300  orphans and unmarried females; since, says Nieought only to replesent the Ramnes.  If therefore  buhr (Hist. of Rlon, vol. i. p. 461), " in a military
we adopt Livy's account that there~ were originally  state it cotuld not be esteemed unjust, that the
300 equites, that these were increased to 600 by  women end the children were to contribute largely
Tullus Hostilius, and that the 600 were doubled  for those who fought in behalf of them and of the
by Tarquinius Priscus, there were 1200 in; the  commonwealth."  According to Gaius (iv. 27) the
time of the last-mentioned king, being divided into  purchase-money for a kniight's horse was called aes
three centuries of Ramnes, Tities, and Luceres, each  equzestre, and its anlnual provision aes hordeariunm.
century  containing 200 priores and 200 pos-  [AE Rs HaO EARtsumJ.]  Theformeramounted, acteqiores.                                         cording to Livy (i. 43), to 10,000 asses, and the
ost 4




EQUITES.  EQUITES.
laeter to 2000: lint these sunms are so large as to  spectively? These questions have occasioned nluch
be almost incredible, especially when we take into  controversy among modern writers, but the followaccount that 126 years afterwards a sheep was only  ing account is perhaps the most satisfactory:reckoned at 10, and an ox at 100 asses in the    In the constitution of Servius Tullius all the
tables of penalties. ((Gell. xi. 1.) The correctness  Roman citizens were arranged in different classes
of these numbers has accordingly been questioned, according to the amount of their property, and it
by some modern writers, while others have at-  may therefore fairly be presumed that a place in
tempted to account for the largeness of the sum.  the centuries of equites was determined  by the
Niebuhr (vol. i. p. 433) remarks that the sum was  same qualification.  Dionysins (iv. 18) expressly
doubtless intended not only for the purchase of the  says, that the equites were chosen by Servius out
horse, but also for its equipment, which would be  of the richest and most illustrious families; and
incomplete without a groom  or slave, who had to  Cicero  (De Rep. ii. 22) that they were of the
be bought and then to be mounted.  Bockh (Me-  highest census (ceelsu mnzaxieo).  Livy (i. 43) also
iroloq. Untes'sucl. c. 29) supposes that the sums of states that the twelve centnries formed by Servius
money in the Servian census are not given in asses  Tullius consisted of the leading men of the state.
of a pound weight, but in the reduced asses of the  None of these writers, however, mention the profirst Punic war, when they were struck of the same  perty which was necessary to entitle a person to a
weight as the sextans, that is, two ounces, or one-  place among the equites; but it was probably of
sixth of the original weight.  [As.]  Zumpt conl- the same amount as in the latter times of the residers that 1000 asses of the old weight were  public, that is, four times that of the first class.
given for the purchase of the horse, and 200 for its  Every one therefore who possessed the requisite
annual provision; and that the original sum  has  property, ald whose character was unblemished
been retained in a passage of Varro (equiszw  pzubli- (for this latter qualification appears to have been
cues mille assario'um,  L. L. viii. 71).           always necessary in the ancient times of the reAll the equites, of whom we have been speak-  public), was admitted among the equites of the
ins, received a horse from the state, and were in-  Servian constitution; and it nlay be presumed that
eluded in the ] 8 equestrian centuries of the Servian  the twelve new centuries were created in order to
constitution; but in course of time, we read of include all those persons iln the state who possessed
another class of equites in Roman history, who  the necessary qualifications.  Niebuhr (Hist. of
did not receive a horse from the state, and were  Ronze, vol. i. p. 427, &c.), however, supposes that
not included in the 18 centuries.  This latter class  the qualification of property was only necessary for
is first mentioned by Livy (v. 7) in his account admission  into the twelve new centuries, and that
of the siege of Veii, B. c. 403.  He says that dur-  the statement of Dionysius, quoted above, ought
ing the siege, when the Romnaus had at one time  to be confined to these centuries, and not applied
suffered great disasters, all those citizens who had  to the whole eighteen.  He maintains that the
an equestrian fortune, and no horse allotted to them   twelve centuries consisted exclusively of plebeians;
(quibles census equester erat, equi puls)ici nonz ersa2t), and that the six old centuries (that is, the three
volunteered to serve with their own horses; and  double centuries of Ramnes, Tities and Luceres,
he adds, that firom tliis time equites first began to  pri ores and postersiores), which were incorporated
serve with  their own horses (tur pri)vussi  equis  by Servius into his comitia under the title of the
ererere equites coepepss't).  The state paid them  sea szqcyivcy,   comprised all the patricians, inde(certus numerz'usa eis est assiqszatus) as a kind of pendent of the amount of property which they
compensation for serving with their own horses. possessed.  This account, however, does not seem
The foot soldiers had received pay a few years  to rest on sufficient evidence; and we have, on the.
before (Liv. iv.:59); and two years afterwards,  contrary, asl express instance of a patricians, L. TarB. C. 401, the pay of the equlites was made three-  quitius, B. c. 458, who was compelled on account
fold that of the infaIntry. (Liv. v. 12; see Niebuhr,  of his poverty to serve on foot.  (Liv. iii. 27.)
vol. ii. p. 439.)                                   That the six old centuries consisted entirely of
From the year B. c. 403, there were therefore two  patricians is most probable, since the plebeians
classes of Roman knights: one who received horses  would certainly not have been admitted among the
fronm the state, and are therefore frequently called  equites at all till the Servian constitution; and as
eqsuites equo pusblico (Cic. Phil. vi. 5), and sometimes  by this constitution new centuries were created, it
Flenxuisines or Trossuli, the latterof which, according  is nlot likely that any plebeians would have been
to Gbttling, is an Etruscan word (Plin. l. A. xxxiii.  placed among the ancient six.  But we have no
9; Festus, s. v.; G6ttling, Gesch. dle Riiiz. Staatsv.  reason for supposing that these six centuries conp. 372), and another class, who  served, when  tained the wzole body of patricians, or that the
they were required, with their own horses, but were  twelve consisted entirel/y of plebeians.  We may
not classed among the 18 centuries. As they served  suppose that those patricians, who belonged to the
on horseback they were called equzites; and, when  six, were allowed by the Servian constitution to
spoken of irk opposition to cavalry, which did not continue in them, if they possessed the requisite
consist of Roman citizens, they were also called  property; and that all other persons in the state,
equiles Romnani; but they had no legal claim to  whether patricians cr plebeians, who possessed the
the name of. equites, since in ancient times this title  requisite property, were admitted into the 12 new
was strictly confined to those who received horses  centuries.  That the latter were not confined to
from the state, as Pliny (H. N. xxxiii. 7) expressly. plebeians may be inferred from  Livy, who says
says, "Equitum  nomen  subsistebat:in turmis  that they consisted of the leading men in the state
equorum publicorumIr."                             (pri-nores civitatis), not in the plebs.
But here two questions arise.  Why did the    As vacancies occurred in the eighteen centuries,
equites,. who belonged to the eighteen centuries, the descendants of those who were originally enreceive a horse from the state, and the others not?  rolled succeeded to.the-ir places, wlietheir plebleiasii
and how was a person admitted into each class re-  or patricians, provided they had not dissipated




E QUIIT ES..'IEQUITES.                 4 72their property; for Niebuhr goes too far when he  gailied in battle. (Dionys. vi. 13.)  According, t
a;sserts that all vacancies were filled up according  Livy (ix. 46) this annual procession was first estato birth; independent of any property qualification.  blished by the censors Q. Fabius and P. Decius,
But in course of time, as population and wealth in-  B. c. 304; but according to Dionysius (1. c.) it was
creased, the number of persons, who possessed an  instituted after the defeat of the Latins near the
equestrian fortune, also increased greatly; and as  lake Rtegillus, of which an account was brought to
the number of equites in the 18 centuries was  Rome by the Dioscuri.
limited, those persons, whose ancestors had not    It may be asked, how long did the knight retain
been enrolled in the centuries, could not receive  his public horse, and a vote in the equestrian ceilhorses from the state, and were therefore allowed  tury to which he belonged?  On this subject we
the privilege of serving with their own horses  have no positive information; but as those equites,
amongst the cavalry, instead of the infantry, as  who served with their own horses, were only obthey would otherwise have been obliged to have  liged to serve for ten years (stipendia., -r'paTeias)
done.  Thus arose the two distinct classes of lnider the age of 46 (Polyb. vi. 19. ~ 2), we may
equites, which have been already mentioned.        presiume that the same rule extended to those who
The inspection of the equites who received  served with the public horses, provided they wishcd
horses from the state, belonged to the censors, who  to give up the service.  For it is certain that in
had the power of depriving an eques of his horse, the ancient times of the republic a knight might
and reducing him  to the condition of an aerarian  retain his horse as long as he pleased, even after
~(Liv. xxiv. 43), and also of giving the vacant  he had entered the senate, provided he continued
horse to the most distinguished of the equites  able to discharge the duties of a knight. Thus the
who had previously served at their own expense.  two censors, M. Livius Salinator and C. Claudius
For these purposes they made during their censor-  Nero, in B. C. 204, were also equites (Liv. xxix.
ship a public inspection, in the forum, of all the  37); and L. Scipio Asiaticus, who was deprived
knights who possessed public horses (equitatu6m re-  of his horse by the censors in B. C. 185 (Liv. xxxix.
cognoscunt, Liv. xxxix. 44; equitum  centurias lee-  44), had himself been censor in B. C. 191.  This is
cognoscunl, Valer. Max. ii. 9. ~ 6).  The tribes  also proved by a firagment in the fourth book (c. 2)
were taken in order, and each knight was sum-  of Cicero's "De Republica," in which he says,
moned by name.  Every one, as his name was  equitatus, iz   quo szl'ffragia sunt etiams senctuss; by
called, walked past the censors, leading his horse.  which he evidently means, that most of the senators
This ceremony is represented on the reverse of were enabled to vote at the Comitia Centuriata in
mansy Roman coins struck by the censors. A spe-  consequence of their belonging to the equestrian
cimen is annexed.                                  centuries.  But during the later times of the republic the knights were obliged to give up their
/;;0cao.~-,   horses on entering the senate, and consequently
0 an  A   t > ceased to belong to the equestrian centuries. This
/p;",                  (3 regulation is alluded to in the fragiment of Cicero
I      already referred to, in which Scipio says that many
{~-FaW.,) 9 ) s t \tffiS W di}  persons were anxious that a plebiscitum should be
passed, ordaining that the public horses shou'd be
restored to the state, which decree was in all probability passed afterwards; since, as Niebuhr observes7 (vol. i. p. 433, note 1016), "'when Cicero
If the censors had no fault to find either with  makes Scipio speak of any measure as intended,
the character of the knight or the equipments of we are to suppose that it had actually taken place,
his horse, they ordered him  to pass on (traduc  but, according to theinformation possessed by Cicero,
csquslr, Valer. Max. iv. 1. ~ 10); but if on the con- was later than the date he assigns to Scipio's distrary they considered him unworthy of his rank, course."  That the greater number of the equites
they struck him out of the list of knights, and de-  equo publico, after the exclusion of senators fromn
prived him of his horse (Liv. xxxix. 44) or ordered  the equestrian centuries, were young men, is proved
him to sell it (Liv. xxix. 37; Valer. Max. ii. 9. by a passage in the work of Q. Cicero, De Petitiosle
~ 6), with the intention no doubt that the person  Consulatts (c. 8).
thus degraded should refund to  the state the    The equestrian  centuries, of which we have
money which had been advanced to him for its  hitherto been treating, were only regarded as a
purchase. (Niebuhr, Hist. of Rome, vol. i. p. 433.)  division of the army; they did not form a distinct
At the same review, those equites who had served  class or ordo in the constitution.  The community,
the regular, time, and wished to be discharged, were  in a political point of view, was only divided into
accustomed to give an account to the censors of the  patricians and plebeians; and the equestrian cen-:camnpaigns in which they had served, and were  turies were composed of both.  But in the year
*then dismissed with honour or disgrace, as they  B. C. 123, a new class, called the Ordo Equlestris,
might have deserved. (Plut. Polip. 22.)            was formed in the state by the Lex Sempronia,
This review of the equites by the censors must  which was introduced by C. Gracchus.  By this
not be confounded with the Equitsinz Tra-nsvectio, law all the jisdices had to be chosen from those
which was a solemn procession of the body every  citizens  who  possessed  an  equestrian  fortune.
-year on the Ides of Quintilis (July).  The proces-  (Plut. C. Gacelh. 5; Appian, De Bell. Civ. i. 22
sion started from the temple of Mars outside the  Tac. Ainn. xii. 60.) We know very little respecting
city, and passed through the city over the forum,  the provisions of this law; but it appears from the
and by the temple of the Dioscuri. On this occasion  Lex Servilia repetundarunm, passed eighteen years.the equites were always crowned with olive chap-  afterwards, that every person who was to be chosen.lets, and wore their state dress, the trabea, with  jusdex wasrecuired to beabovethirtyaldundersisty
* all the honourable distinctions which they had  years of age, to hasve either an equlus publicus or to




474                EQUITES..EQUITES.
be qualified by his fortune to possess one, and aot    Augustus formed a select class of equites, conto be a senator.  The number of judices, who were  sisting of those equites who possessed the property
required yearly, was chosen from this class by the  of a senator, and the old requirement of free birth
praetor urbanus. (Klenze,Lex Servilia, Berl. 1825.)  up to the grandfather.  He permitted this class to
As the name of equites had been originally ex-  wear the latEs clatBs (Ovid. Trist. iv. 10. 35) 
tended from those who possessed the public horses  and also allowed the tribunes of the plebs to be
to those who served with their own horses, it now  chosen from them, as well as the senators, and gave
came to be applied to all those persons who were  them the option at the termination of their office to
qualified by their fortune to act as judices, in which  remain in the senate or return to the equestrian
sense the word is usually used by Cicero.  Pliny  order. (Suet. Aug. 40; Dion Cass. liv. 30.)  This
(UI. N. xxxiii. 7) indeed says that those persons  class of knights was distinguished by the special
who possessed the equestrian fortune, but did not title illustles (soInetimes insiguzes and splendlidi)
serve as equites, were only called jzdices, and that equites Romnazi.  (Tacit. Ann. xi. 4, with the note
the name of equites was always confined to the  of Lipsius.)
possessors of the equi publici.  This may have    The formation of this distinct class tended to
been the correct use of the term; but custom soon  lower the others still more in public estimation.
gave the name of equites to the judices chosen in  In the ninth year of the reign of Tiberius an ataccordance with the Lex Sempronia.                 tempt was made to improve the order by requiring
After the reform  of Sulla, which entirely de- the old qualifications of free birth up to the grandprived the equestrian order of the right of being  father, and by strictly forbidding any one to wear
chosen as judices, and the passing of the Lex Au-  the gold ring unless he possessed this qualification.
-relia (B. c. 70), which ordained that the judices  This regulation, however, was of little avail, as the
should be chosen from  the senators, equites, and  emperors frequently admitted freedmen into the
tribuni aerarli, the influence of the order, says  equestrian order. (Plin. H. N. xxxiii. 8.)  WVhen
Pliny, was still maintained by the publicani (Plin. private persons were no longer appointed judices,
I. N. xxxiii. 8), or farmers of the public taxes. W~e  the necessity for a distinct class in the community,
find that the publicani were almost always called  like the equestrian order, ceased entirely; and the
equites, not because any particular rank was neces- gold ring came at length to be worn by all free
sary in order to obtain from the state the farming  citizens.  Even slaves, after their manumission,.of the taxes, but because the  state naturally  were allowed to wear it by special permission from
would not let them to any one who did not possess  the emperor, which appears to have been usually
a considerable fortune.  Thus the publicani are. granted provided the patronus consented. (Dig. 40.
frequently spoken of by Cicero as identical with  tit. 10. s. 3.)  [ANNUI,US.]
the equestrian order (Ad Alt. ii. 1. ~ 8).  [PiB-    Having thus traced the history of the equestrian
LICANI.]  The consulship of Cicero and the active  order to its final extinction as a distinct class in
part which the knights then took in suppressing  the community, we must now return to the equites
the conspiracy of Catiline, tended still further to  equo publico, who formned the eighteen equestrian
increase the power and influence of the equestrian  centuries.  This class still existed during the latter
order; and " from  that time," says Pliny (1. c.), years of the republic, but had entirely ceased to
" it became a third body (cospuTs) in the state, and, serve as horse-soldiers in the army.  The cavalry
to the title of Senatus Populuzsque Romanus, there  of the Roman legions no longer consisted, as in the
began to be added E, Equzestris Ordo."            time of Polybius, of Roman equites, but their place
In B. c. 63, a distinction was conferred upon  was supplied by the cavalry of the allied states.
them, which tended to separate them  still further  It is evident that Caesar in  his Gallic wars
from  the plebs.  By  the Lex Roscia Othonis, possessed no Roman cavalry.  (Caes. Bell. Gall.
passed in that year, the first fourteen seats in the  i. 15.)  When  he went to an interview  with
theatre behind the orchestra were given to the  Ariovistus, and was obliged to take cavalry with:eqllites (Liv. Epit. 99); which, according to Cicero  him, we are told that he did not dare to trust his
(pro IMulr. 19) and Velleins Paterculus (ii. 32), safety to the Gallic cavalry, and therefore mounted
was only a restoration of an ancient privilege; his legionary soldiers upon their horses. (Id. i. 42.)
-which is alluded to by Livy (i. 35), when he says  The Roman equites are, however, frequently menthat special seats were set apart in the Circus  tioned in the Gallic and civil wars, but never as
5:Iaximus for the senators and equites.  They also  common soldiers; they were officers attached to the
possessed the right of wearing the Clavus Angus- staff of the general, or commanded the cavalry of
tus [CLAvus]; and subsequently obtained the  the allies, or sometimes the legions.  (Id. vii. 70;
privilege of wearing a gold ring, which was origi-  Bell. Civ. i. 77, iii. 71, &c.)
nally confined to the equites equo publico.          After the year B. c. 50, there were no censors in
The number of equites increased greatly under the state, and it would therefore follow that for some
the early emperors, and all persons were admitted  years no review of the body took place, and that
into the order, provided they possessed the requisite  the vacancies were not filled up.  When Augustus
property, without any inquiry into their character however took upon himself, in B. C. 29, the pracor into the free birth of their father and grand- fectura anorum, he frequently reviewed the troops
father, which had always been required by the  of equites, and restored, according to Suetonius.censors under the republic.  Property became now  (Aug. 38), the long-neglected custom of the solemn
the only qualification; and the order in conse- procession (transvectio); by which we are probably
quence gradually began to lose all the consideration  to understand that Augustus connected the review
which it had acquired during the later times of the  of the knights (recogizitio) with the annual procesrepublic.  Thus Horace (Ep. i. 1. 58) says, with  sion (transvectio) of the 15th of July.  From this
no small degree of contempt, -                    time these equites formed an honourable corps,
Si quadringentis sex septem milia desunt,,    from  which all the higher officers in the army
Plebs eris.                                   (Suet. Alyu. 38, Claud. 25) and the chief magis



ERANI.                                             ERANT.                   475
trates in the state were chosen.  Admission into &1 a7r o rsvposor astb ovLoA2&v,: where every guest
this body was equivalent to an introduction into  brought his own dish, or (to save trouble) one was
public life, and was therefore esteemed a great pri-  deputed to cater for the rest, and was afterwards
vilege; whence we find it recorded in inscriptions  repaid by contributions. [COENA, P. 304, b.] Tih,
that such a person was equo publico honoratus,  clubs that were formed at Athens used to dine toexornatus, &c. by the emperor.  (Orelli, Inscrip.  gether at stated periods, as once a month; and
No. 3457, 313, 1229.)  If a young man was not every member was bound to pay his subscription,
admitted into this body, he was excluded from all  which (as well as the society itself) was called
civil offices of any importance, except in municipal  Epavor, and the members EparmoTaf.  If any memrtowns; and also from all rank in the army, with  ber failed to pay, the sum was made up by the
the exception of centurion.                        president, 4paed,~pX-s, also called 7rAX-pceris ppab'ov,
All those equites who were not employed in  who afterwards recovered it, if he could, from  the
actual service were obliged to reside at Rome  defaulter. fIrxpovv Epavov often means simply, to
(Dion Cass. lix. 9), where they were allowed to  pay the subscription, as  EefTretv or KXem'irelv, to
fill the lower magistracies, which entitled a person  make default.  (Dem. c. Aphsob. p. 821, c. illid,
to admission into the senate.  They were divided  p, 547, c. As'istog. p. 776.)
into six turmae, each of which was commanded by      There were also associations under this name,
an Officer, who is frequently mentioned in inscrip-  for the purpose of mutual relief, resembling in
tions as <Serif equitum Romn. tzsrmae o. II. &c., or  some degree our friendly or benefit societies; but
commonly Sevir turmaec or Sevirf tzfurmassuen   equilum  with this essential difference, that the relief which
Romaforsmu.  From the time that the equites be-  they afforded was not (as it is with us) based upom
stowed the title of principes juv2entutis upon Caius  any calculation of natural contingencies, but was
and Lucius Caesar, the grandsons of Augustus  given pro re nacta, to such poor members as stood
(Tacit. Ann. i. 3; Monum. Ancyr.), it became the  in need of it.  The Athenian societies do not apcustom to confer this title, as well as that of Sevir, pear to have kept up a common fund by regular
upon the probable successor to the throne, when  subscriptions, though it is probable that the sum
he first entered into public life and was presented  which each member was expected to advance, in
with an equus publicus. (Capitol. M. Antons. Phil.  case of need, was pretty well understood.  If a
6; Lamprid. Cor7nmod. 1.)                         man was reduced to poverty, or in distress for
The practice of filling all the higher offices in  money for any cause, he applied to the members
the state from these equites appears to have con-  of his club for assistance; this was called avxtinued as long as Rome was the centre of the  AXEyELY E'pavor: those who advanced it were said
government and the residence of the emperor. Epav'Eiv  a'tor: the relief was considered as a
They are mentioned in the time of Severus (Grl-  loan, repayable by the borrower when in better
ter, Inscrip. p. 1001. 5; Papinian, in Dig. 29. tit.  circumstances.  Isaeus (Doe Ilcag. flered. p. 294)
1. s. 43), and of Caracalla (Gruter, p. 379. 7); and  reckons among the assets of a person, E Epdarveo
perhaps later.  After the time of Diocletian, the  /opetslXara E107re7rpay~/Lxea, from which we may
equites became only a city guard, under the comr infer, that each contributor was entitled to recover
mand of the PraefectusVigilum; blut they still re-  the sum he had lent.  For the recovery of such
tained in the time of Valentinianus and Valens,  loans, and for the decision of other disputes, there
A. D. 364, the second rank in the city, and were  were Epaevucal  lcramt, in which a -summary and
not subject to corporal punishment. (Cod. Theodos.  equitable kind of justice was administered.   Plato
6. tit. 36.)  Respecting thf Magister Equiitumn, see  (Leg. xi. p. 915) disapproved of lawsuits in such
DICTATOR.                                          matters, and would not allow them in his republic.
(Zumpt, Ueber die Rhsziscezse  Ritter uend den    Sdllmasius contends that wherever the term
Ritterstand in Romn, Berlin, 1840; Marquardt,  "pavos is applied to an established society, it means
Historiae EquituznZ  Rommanorum libri IV. Berlin,  only a convivial club, and that there were no re1840; Madvig, De Loco Cicerosmis ist lib. iv. de  gular associations for the purposes of clarity; but
Republica, in OpuscuZla, vol. i. p. 72, &c.; Becker  others have held a different opinion. (See Salinas.
Iandbuchs  der R;miisclen Alter/thiisler, vol. ii. De Usu2'is, c. 3, Ohs. ad Jus Att. et Rota. and
part i. p. 235, &c.)                               Herald. Animaclv. in Sab17/Lms., referred to in Meier's
EQUULEUS or ECULEUS, an instrument of A#t. Proc. p. 540.)  It is not probable that many
torture, which is supposed to have been so called  permanent societies were formed with the sole
because it was in the form of a horse.  We have  view of feasting.  We know that at Athens, as
no description of its form'given by any of the an-  well as in the other Grecian republics, there were
cient writers, but it appears not to have differed  clubs for various purposes, political as well as
greatly from  tile crux.  (Cic. Pro Mlil. 21, com-  social: the members of which would naturally
pared with certa crMx, c. 22.)  It appears to have  meet, and dine together at certain periods.  Such
been commonly used at Rome in taking the evi-  were the religious companies (biaoom), the commerdence  of slaves.  (See Sigonius, De Jumdiciis,  cial (EirWopKcal). and somne others. (Bbckh, Pol.
iii. 17; Magius, De Equtuleo, in Salengre's Nov. Econ. of At/leszs, p. 245, 2nd ed.)  Unions of this
Thesaur. Ant. Rozm. vol. ii. p. 1211, &c.)        kind were called by the general name of mraipila,
EQUUS OCTOBER.  [PALILIA.]                      and were often converted to mischievous ends,
E'RANI (epavo,)4 were clubs or societies, estab-  such as bribery, overawing the public assembly,
lished for charitable or convivial purposes, or for  or influencing courts of justice.  (Thuc. iii. 82;
both.  They were very common at Athens, and  Dem. DeCoron.. p. 329; Thirlwall, Gr. Hist. vol.
suited the temper of the people, who were both  iv. p. 36.)  In the days of the Roman empire
social and generous.  The term  Epavos, in the  friendly societies, under the name of epavot, were
sense of a convivial party, is of ancient date. frequent among time Greek cities, but were looked
(Hom. Od. i. 226.)  It resembled our picnics, or  on with suspicion by the emperors as leading to
the German pivseniks, and was also called  e?.rvoy  ) political comnbinations. (Plin. Ep. x. 93, 94.) The




476                ESSEDA.                                            EVICTIO.
gills, or fraternities for mutual aid, among the an-    Accoi'ding t6 the account given by Cilesar (Bell.
clont Saxons, resembled the eppavou of the Greeks.  Gall. iv. 33), and agreeably to the remarks of Dio.(Turner's Hist. of tice Anglo-Saxons, iv. 10.) Corn- dorus Siculus (v. 21, 29), the method of using the
pare also the a&yr'al, or love-feasts of the early  essedum  in the ancient British army was very
Christians.                                        similar to the practice of the Greeks in the heroic
The word repaos is often used metaphorically, to  ages, as described by Homer, and in the article
signify any contributions or friendly advance of  CuRUrs.  The principal difference seems to have
money.                              [C. R. K.]    been that the essedum  was stronger and more
ERGA'STULUIM  was a private prison attached  ponderous than the Wipos, that it was open before
to most Roman farns, called career  austicus by  instead of behind; and that in consequence of
Juvenal (xiv. 24), where the slaves were made to  these circumstances and the width of the pole, the
work in chains.  It appears to have been usually  owner was able, whenever he pleased, to run
under ground, and according to Columella (i. 6)  along the pole (de tenzone Britanno excidet, Juv. iv.
ought to be lighted by narrow windows, which  125), and even to raise himself upon the yoke,
should be too high from the ground to be touched  and then to retreat with the greatest speed into
by the hand.  The slaves confined in an ergastu- the body of the car, which he drove with extralum were also employed to cultivate the fields in  ordinary swiftness and skill.  From the extremity
chains. (Plin. II. N. xviii. 7. ~ 4; Flor. iii. 19.)  of the pole, he threw  his mlissiles, especially the
Slaves who had displeased their masters were  cateia (Val. Flacc. zArgon. vi. 83).  It appears
punished by imprisonment in the ergastulum; and  also that these cars were purposely made as noisy
in the same place all slaves who could not be de- as possible, probably by the creaking and clanging.
pended upon or were barbarous in their habits, were  of the wheels (strepit rotarmcen, Caes. 1. c.; com-:
regularly kept.  A trustworthy slave had the care  pare Tacit. lAgqric. 35; Esseda cnultisonora, Claud.
of the ergastulum, and was therefore called eygast2da-  Fpi. iv.); and that this was done in order to
rius. (Colam. i. 8.) According to Plutarch (Tib. strike dismay into the enemy.  The formidable
Graccch. 8), these prisons arose in consequence of British warriors who drove these chariots, the
the conquest of Italy by the Romans, and the';car-borne"   of Ossian, were called in Latin
great number of barbarous slaves who were em-  ssecsdarii.  (Caes. B. G. iv. 24; Cic. ad Facm. vii.
ployed to cultivate the conquered lands.  In the  6.)  There were about 4000 of them in the army:
time of Hadrian and Antoninus, many enactments  of Cassibelaunus.  (Caes. B. G. v. 19.)  Having
were made to ameliorate the condition of slaves; been captured, they were sometimes exhibited in
and among other salutary measures, Hadrian abo-  the gladiatorial shows at Rome, and seem to have
lished the ergastula, which must have been liable  been great favourites with the people.  (Sueton.
to great abuse in the hands of tyrannical masters.  Calig. 35, Claud. 21.)  They must have held the
(Spart. Hadrian, 18, compared with Gaius, i. 53.)  highest rank in the armies of their own country;*
For further information on the subject, see Bris-  and Tacitus (Azgric. 12) observes that the driver of
sonius, Antiq. Select. ii. 9; Lipsius, tElect. ii. 15, the car ranked  above his fighting. companion,
Opera, vol. i. p. 317, &c.; Gottling, Gesch. der  which was the reverse of the Greek usage.
s4m7. Staatsv. p. 135.                               The essedunl  was adopted for purposes of conERI'CIUS, a military engine full of sharp  venience and luxuryamnong the Romans. (Propert.
spikes, which was placed by the gate of the camp  ii. 1. 76; Cic. ad  llrt. vi. 1; Ovid. Acn. ii. 16,
to prevent the approach  of the eneIny.  (Caes. 49.)  Cicero (Palil. ii. 24) mentions the use of it
B..C. iii. 67; Sallust, aped Non. xviii. 16; Lipsius, on one occasion by the tribune of the people as a
Poliorcet. v. 4.)                                  piece of extravagance; but in the time of Seneca,
EROGA'TIO.  [AQuAEDuCTUS, p. 115, a.]    it seems to have been much more common; for
IERO'TIA  or EROTI'DIA  (ipwrca or IPWar-  he (Epist. 57) reckons the sound of the " essedae
8am), the most solemn of all the festivals celebrated  transcurrentes" among those noises which did not
in the Boeotian townl of Thespiae.  It took place  distract him.  As used iby the Romans, the esseevery fifth year, and in honour of Eros, the prin-  durn may have differed from the cisium in this;
cipal divinity of the Thespians.  Respecting the  that the cisiumn was drawn by one horse (see wobdparticulars nothing is known, except that it was  cut, p. 288), the essedum always by a pair.  The
solemnised with contests in mnsic and gymnastics.  essedmn, like the cisium, appears to have been
(Plut. Amat. 1; Paus. ix. 31. ~ 3; Athen. xiii. kept for hire at the post-houses or stations (Salop. 561.)  The worship of Eros seems to have beeL  neo quinzto essedo videbis, Mart.x. 104.) [MANSIO.]
established at Thespian from  the earliest times; The essedum must have been similar to the Coviand the ancient symbolic representation of the god, NUs, except that the latter had a cover.  [J. Y.]
a rude stone (&apyb AitOos), continued to be looked    ESSEDA'RII.  [EssEDA.]
upon with particular reverence even when sculp-    EVI'CTIO.  If the purchaser of a thing was
ture had attained the highest degree of perfection  deprived of it by a third person by legal process
among the Greeks.  (Paus. ix. 27. ~ 1; compare  (evicted), the seller was bound to make good the
Schol. ad Pind. Olynp. vii. 154; Ritschl, in the  loss (evictionemn preestale).  If the seller knew
R/hein. Mcus. vol. ii. p. 106.)        [L. S.]   that he was selling what was not his own, this
ERRHEPHO'RIA  or ERSEPHO'RIA  (e;-  was a case of dolus, and he was bound in case of
Pr/Spopla or lprreajdppa.)  [ARREPHORIA.]          eviction to make good to the purchaser all loss and
ESCHARA (rclxdpa).  [Focus.]                    damage that he sustained.  If there was no dolus
E'SSEDA  or E'SSEDUM   (from  the Celtic  on the part of the seller, he was simply bound to
Ess, a carriage, Ginzrot, vol. i. p. 377), the name  make good to the purchaser the value of the thing
of a chariot used, especially in war, by the Britons, at the time of eviction.  It was enecessary -for the.
the Gauls and Belgae (Virg. Geory. iii. 204; Ser-  purchaser to neglect no proper means of defence,
arids, ael loc.); and also by the Germans (Pers. vi. when an attempt was made to evict him; and it
47).,                                             was his duty to give the seller notice of the ad.




EUMOLPIDAE.                                        EUPATRIDAE.                  477
verse claim (lite, dennciarxe), and to pray his aid  Alcib. 22; Corn. Nep. Alcib. 4, 5.)  But the
in defence of the action.  The stipulatio duplae  Eumolpidae could pronounce such a curse only at
was usual among the Romans; and, in such case, the command of the people, and might afterwards
if the purchaser was evicted from the vwhole thing, be compelled by the people to revoke it and purify
he might by virtue of his agreement demand from  the person whom they had cursed before.  (Plut.
tle seller double its value.  (Dig. 21. tit. 2, 1)e  Alcib. 33; Corn. Nep. Alcib. 6. 5.)    [L. S.]
evictionibus et duplae stipulatione; M ackeldey,    EVOCA'TI, were soldiers in the Roman army,
Lelhabuch,  &c., ~ 370, 12th ed.)      [G. L.]    who had served out their time and obtained thei:
EUMOILPIDAE (e6i Arriaosl), the most dis- discharge (amissio), but had voluntarily enlisted
tinguished and venerable among the priestly fiini- again at the' invitation of the consul or other coinlies in Attica.  They were devoted to the service  mander.  (Dion Cass. xlv. 12.)  There appears
of Demeter at Athens and Eleusis, and were said  always to have been a considerable number of
to be the descendants of the Thracian bard Enmol- evocati in every army of importance; and when
pus, who, according to some legends, had intro- the general was a lhvourite among the soldiers, the
duced the Eleusinian mysteries into Attica. (Diid. iiumber of veterans who joined his standard would
Sic. i. 29; Apollod. iii. 15. ~ 4; Demosth. c. Neaer. of course be increased.  The evocati were, doubtp. 1384.)   The high priest of the Eleusinian  less, released, like the vexillarii, from the common
goddess  (iepOqr/,T7rs  or uuvr"-TaywoTS ), who con- military duties of fortifying the camp, making
ducted the celebration of her mysteries and the iii- roads, &c. (Tacit. Ann. i. 36), and held a higher
itiation of the mystae, was always a member of the  rank in the army than the common legionary
family of the Eumolpidae, as Eumolpus himself was  soldiers.  They are sometimes spoken of in conbelieved to have been the first hieroplhant. (H-esych. junction with the equites Romani (Caes. Bell. Gall,
s. v. EvoXy7rgiab: Tacit. Hist. iv. 83; Arnob., v. 25;  vii. 65), and sometimes classed with the centurions,
Clemens Alex. Protrept. p. 16, &c.) In his external  (Caes. Bell. Civ. i. 17.) They appear to have been
appearance the hierophant was distinguished by a  frequently promoted to the rank of centurions.
peculiar cut of his hair, a kind of diadem  (or7pO-  Thus Pompey induced a great many of the veterans,,p1ov), and a long purple robe. (Arrian. in Epictet. who had served under him in former years, to join
iii. 21; Plut. Alcib. 22.)  Ill his voice he seems  his standard at the breaking out of the civil war,
always to have affected a solemn tone suited to  by the promise of rewards and the command of
the sacred character of his office, which he held for centuries (ordinunm, Caes. Bell. Civ. i. 3).  All the
life, and which obliged him to remain unmarried. evocati could not, however, have held the rank of
(Paus. ii. 14. ~ 1.)  The hierophant was attended  centurions, as we read of two thousand oni one
by four i7rILE.Xmrai, one of whom likewise belonged  occasion (1b. iii. 88), and of their belonging to
to the family of the Eulmolpidae.  (I-larpocrat. and  certain cohorts in the army.   Cicero (ad FarI.
Suidas, s. v.'E7rsireiMrall 7r.usv  -vrspieV.)  Other iii. 6. ~ 5) speaks of a P'ac fictus evoccioriuen.
members of their family do not seem to have had  (See Cic. ad Famn. xv. 4. ~ 3; Caes. Bell. Civ. iii.
any particular functions at the Eleusinia, though  91; Suet. Ag. 56; Lipsi-s, De Milit. Reoi. i. 8.)
they undoubtedly took part in the great procession    The name of evocati was also given to a select
to Elensis.  The Eumolpidae had on certain occa- body of young men of the equestrian order, who.
sions to offer up prayers for the welfare of the  were appointed by Domitian to guard his bedstate, and in case of neglect they might be taken  chamber.  (Suet. Domn. 10.)  This body is supto account and punished; for they were, like all posed by some writers to have existed under the
other priests and magistrates, responsible for their succeeding emperors, and to have been the saine
conduct, and for the sacred treasures entrusted to  as those who are called Evocati Aulgusti. (H-ygilus,
their care.  (Aeschin. c. CtesiJl,. p. 56, Steph.; de Lima. p. 209; Orelli, Inscrip. No. 3495, 153.)
compare EUTHYNIE.)                                   EUPA'TRIDAE  (Eiurapfpi8a), i.e. descended
The Eumolpidae had also judicial power ill cases  from noble ancestors, is the name by which in early
where religion was violated (Irepl  &reCEoac, De- times the nobility of Attica was designated. Who
mosth. c. Androlt. p. 601).  This power probably  the Eupatridae originally were has been the subbelonged to this family from the earliest times, and  ject of much dispute; but the opiInion now almost
Solon as well as Pericles do not seem to have lmade  universally adopted is, that they were the noble
any alteration in this respect.  Whether this re-  Ionic or Hellenic families who at the timle of the
ligious court acted independent of the archon king, Ionian migration settled in Attica, and there exeror under his guidance, is uncertainl.  The law  cised the power and influence of an aristocracy of
alccording to which they pronounceed their sentence, warriors and conquerors, possessing the best parts
and of which they had the exclusive possession, of the land, and commanding the services of a
was not written, but handed down. by tradition; numerous class of dependents.  (Thirlwall, IHist. of
and the Eumlolpidae alone had the right to inter-  Greece, vol. i. p. 115, &c.; W achsmuth, vol. i. p. 361,
ptetit, whence they are sonestiznes called 4e1-y-orai. &c., 2d ed.)  The chiefs who are mentioned as
[ExEGETAE.]  In cases for which the law had  kings of the several Attic towns, before the organimade no provisions, they acted according to their sation of the country ascribed to Theseus, belonged
own discretion.   (Lysias,  c. Andocid. p. 204; to the highest or ruling class of the Eupatridae;
Andocid. De iVigyst p. 57.)  Respecting the mode  and when Theseus made Athens the seat of goof proceeding in these religious courts nothing is vernment for the whole country, it must have been
known. (leffter Atleen. Geric/htsvees: p. 405. &c.; chiefly these nobles of the highest rank, that left
Platner, Process, ii. p. 147, &c.)  In some cases, their former residences and smigrated to Athens,
when a person was convicted of gross violation of where, after Theseus had given ilp his royal prethe public institutions of his counltry, the people, rogatives and divided them among the nobles, they
besides sending the offender into exile, added a  occupied a station similar to that which they had
clause in their verdict that a curse should be pro- previously held in their several districts of Attica.
inounced upon him  by the Eumolpidce.  (Plut. Other Enpatridae, however, who either were not




'473              EUTHYNE.                                         1EUTIHY NE.
of the highest rank, or were less desirous to exer-  their conduct and the manner in Which they accise any direct influence upon the government,  quitted themselves of their official duties.  The
remained  in  their former places of residence. judges in the popular courts seem  to have been
(Thirlwall, vol. ii. p. 8.)  In the division of the  the only authorities who were not responsible
inhabitants of Attica into three classes, which is  (Aristoph. Vesp. 546; Hudtwalcker, Vonr den
ascribed to Theseus, the Eupatridae were the first Diaetet. p. 32); for they were themselves the reclass (Plut. Ties. 25), and thus formed a compact presentatives of the people, and would therefore,
order of nobles, united by their interests, rights,  in theory, have been responsible to themselves.
and privileges.  The first, or at least the most  This account, which officers had to give after the
ambitious among them, undoubtedly resided at  time of their office was over, was called Eif0rImV:
Athens, where they enjoyed nearly the same privi-  and the officers subject to it, vdrE59vvote.  Every
leges as they had before the union in the separate  public officer hlad to render his account within
townships of Attica.  They were in the exclusive  thirty  days after the  expiration of his office
possession of all the civil and religious offices in  (Harpocrat. Phot. and Suid. s. v. Aoyew'l-a  and
the state, regulated the affairs of religion, and in-  EvOuvoi); and as long as this duty was not fulfilled,
terpreted the laws human and divine.  (Miiller, the whole property of the ex-officer was in bondage
Dor. ii. 2. ~ 15.)  The king was thus only the  to the state (Aeschin. c. Ctesipd. p. 56. Steph.)-:
first among his equals, being distinguished from   he was not allowed to travel beyond the frontiers
them only by the duration of his office (Schlmann, of Attica, to consecrate any part of his property as
De Comit. p. 4, transl.); and the four kings of the  a donarium  to the gods, to make his will, or to
phylae (qvxofaaraoEs), who were chosen from the  pass from one family into another by adoption;
Eupatridae, were more his colleagues than his  no public honours or rewards, and no new office
counsellors. (Pollux, viii. 111.) The kingly power  could be given to him.  (Aeschin. and Demostlh.
ewas in a state of great weakness; and, while the De Coron. and c. Tim. p. 747.) If within the stated
overbearing influence of the nobles, on the one  period an officer did not send in his account, an
hand, naturally tended gradually to abolish it action, called XoNylom, or aXoyias Kfici, was brought
altogether, and to establish a purely aristocratical  against him. (Pollux, viii. 54; Hesych. Suid. Etym.
government in its stead (Hermann, Pol. Ant. of Mag. s. v.'AXoyiov 5ihr,.)  At the time when
Greece, ~ 102), it produced, on the other hand, an officer submitted to the eibOvtvl, any citizen had
effects which threatened its own existence, and at the right to come forward and impeach him.  Those
last led to the entire overthrow of the hereditary  who, after havin0 refused to submit to the eOSdvm,
aristocracy as an order: for the  commonalty,  also disobeyed the summons to defend themselves
which had likewise gained in strength by the  before a court of justice, thereby forfeited their
union of all the Attic townships, soon began to  rights as citizens.  (Demosth. c. Mid. p. 542.)
feel the oppression of the aristocracy, which in    It will appear from the list of officers subject to
Attica produced nearly the same effects as that of the euthyne, that it was not confined to those
the patricians at Rome.  The legislation of Draco  whose office was connected with the administration
seems to have arisen out of the growing discontent of the public money, or any part of it; but in malny
of the commonalty with the oppressive rule of the  cases it was only an inquiry into the manner in
nobles (Thirlwall, vol. ii. p. 18, &c.); but his at-  which a person had behaved himself in the distempts to remedy the evil were more calculated to  charge of his official duties.  In the former case
intimidate the people than to satisfy them, and  the scrutiny was conducted with great strictness,
could consequently not have any lasting results. as the state had various means to check and conThe disturbances which, some years after, arose  trol the proceedings of its officers; in the latter,
from the attempt of Cylon, omne of the Eupatridae, the euthyne may in many instances have been no
who tried to overthrow the aristocratical govern- more than a personal attendance of the ex-officer
mesnt and establish himself as tyrant, at length led  before the representatives of the people, to see
to the legislation of Solon, by which the political  whether' any charge was brought against him.
power and influence of the Eupatridae as an order  When no accuser appeared, the officer was honourwas broken, and property instead of birth was  ably dismissed  (E'rrzo71aaf'veo Oia, Demosth. De
made the standard of political rights.  (Aristot.  Coron.p. 3i 0). After an officer hadgone through the
Polit. ii. 9; Dionys. Hal. Ant. Rone. ii.; Aelian,  euthyne, he became aY'el'Ovios.  (Pollux, viii. 54.)
I' H. v. 13.)  But as Solon, like all ancient    The officers before whonm  the accounts were
legislators, abstained from  abolishing any of the  given were in some places called EvOWvol or hoyltreligious institutions, those families of the Eupa-  rat, in others  Es'ao-rai or ovvPyopot.  (Aristot.
tridae in which certain priestly offices and func- Polit. vi. 5. p. 213, ed. Goettling.) At Athens we
tions were hereditary, retained these distinctions  meet with the first two of these names, and both
down to a very late period of Grecian history. are mostly mentioned together; but how far their
(Compare Schbmann, A4ntiq. Jdia. )ulbl. Grace. p. functions differed is very uncertain.  Some gram167, &c., and p. 77, &c.)              [L. S.]    marians (Etymol. Magn. and Phot. s. v. EvOvvoo)
EURI'PUS.  [AMI HITHsIETaU,   p. 88, b.]   state that Aoyio-ral was the name of the same offiEUSTYLOS.  [TEsIPLUM.]                          cers who were formerly called ei-i0vvot.  But from
EUTHY'NE   and  ETHYTIIYNI   (Es5bm'V, the manner in which the Greek orators speak of
eb'Ov'om). All public  officers at Athens, espe-  them, it can scarcely be doubted that their funccially generals, ambassadors, the archons and their  tions were distinct.  From the authorities referred
assessors, the  diaetetae, priests arid  priestesses  to by Bbckh  (Publ. Ecoms. p. 190, &c. 2d ed.
(Aeschin. c. Ctesiph. p. 56. Steph.), the secretaries  conlpare the Rlein. inlus. 1827, vol. i. p. 72, &c.),
of the state (Lysias, c..Vicomsachl.), the superin-  it seems, moreover, clear that the office of the
tendents of public buildings, the trierarchs, and  XoyiraL', though closely connected with that of
even the senate of the Five Hundred and the  the evOvvoI, was of greater extent than that of
members of the Areiopagus, were accountable for  the latter, who appear rather to have been the




EXAIRESEOS DIKE.                                      EXAUGURATIO.                  479
assessors of the former, than a totally distinct class  slave, but where he asserted him to be a freeman.
of officers, as will be seen hereafter.  All accounts  As the condition of slavery at Athels incapacitated
of those officers who had anything to do with the  a man to take any legal step in his own person, if
public money were, after the expiration of their  a reputed slave wished to recover his rights as a
office, first sent in to the XoyL-Trai, who examined  freeman, he could only do it by the assistance of
them, and if any difficulty or incorrectness was dis-  one who was himself a freeman.  He then put
covered, or if charges were brought against an ex-  himself under the protection of such a person, who
officer within the period of 30 days, the further in-  was said eapsieOac or &dpampiroOal avblTb Els EXeAquiry devolved upon~ the eVJOvvot, before whom the  Oep[av, in liberatezs viizdicare.  If the master
officer was obliged to appear and plead his cause. sought to reclaim him,:he proceeded to take manual
(Hermann, Polit. Antiq. of. Greece, ~ 154. 8.)  If possession, y-ELPv aVhrb'  Es aovAetav.  A runaway
the eb'Ovvoi found that the accounts were unsatis-  slave might at any time be seized by his master,
factory, that the officer had embezzled part of the  either in the open street or elsewhere, except in a
public money, that he had accepted bribes, or that sanctuary.  If the friend or person who harbousred
charges brought against him  were well founded, the slave meant to contest the master's right, the
they referred the case to a court of justice, for proper course was to go with him before the marwhich the AoyrrTali appointed the judges by lot, gistrate, and give security for the value of the slave
and in this court their herald proclaimed the ques- and costs, in case a court of law should decide
tion who would come forward as accuser. (Aeschin. against him.  The magistrate who took cognizance
c. Ctesiph. p. 57, ed. Steph.; Etymol. Magrn. s.. of the cause was the archon, where a man claimed
E1bOva; Bekker, Anecdot. p. 245. 6.)  The place  to be a citizen; the polemarch, where he claimed
where the court was held was the same as that to  to be an alien freeman.  It was the duty of the
which ex-officers sent their accounts to be examined  archon or polemarch to set the man at liberty
by the Xoyliorara, and was called AoymeripLovm. pendente lite. In the suit that followed, the plaintiff
(Andocid. De Myst. p. 37; Lys. c. Polystrat. p. had to prove his title to the ownership of the
672.)  It can scarcely be doubted that the etJOvvoL slave, and, if successful, obtained such compensatook an active part in the trials of the Awyio-r7-  tionl as the jury chose to award; this being a
pLOY: but whether they acted only as the asses- TLVnrlbs  &yio, and half of the [riutVas being given
sors of the hoyLIrmrai, or whether they, as Pollux  to the state. (Dem. c. Theocr. p. 1328.) A verdict
states, exacted the embezzled sums and fines, in-  for the plaintiff drew with it, as a necessary constead of the practores, is uncertain.  The number sequence, the adjudication of the ownership, and
of the evOuWvo, as well as that of the Xoyisrat, was  he would be entitled to take possession of his
ten, one being taken from every tribe. (Phot. s. cV. slave immediately: if, however, the slave had
EvOuvos, and Harpocrat. s. v. AoyrmraL.)   The  escaped in the meantimne, and evidence of slch
Aoylmowa  were appointed by the senate, and chosen  fact were produced, the jury would probably take
by lot; whether the esvOuot were likewise chosen  that into consideration in estimating the damages..
by lot is uncertain, for Photius uses an expression    If the friend, in resisting the capture of the
derived from KXipos (lot), while Pollux (viii, 99)  slave, had used actual violence, he was subject to
states that the esOeos srposratpoiOrrai, scil. roLS    a aiKc  Biatov.  And if the soi-disant master had
Ao'y1'rais, according to which they were like the as- failed in the ft. aimX, the injured party might
sessors of the archons; the latter account, however, maintain an action against him for the attempted
seems to be more consistent and more probable. seizure. (Lys. c. Pancl. p. 734, &c., with Reiske's
Every eS6vvos had two assessors (wdpespoO). (See  note; Dem. c. Neaer. p. 1358; IIarpocr. s. V.
Bbickh, Publ. Econ. I. c.; Titmann, Griecl, Staatse.'Eeatpa'eosws, and'ATy L; Meier, Alt. Proc. p. 394.)
p. 323, &c.; Hermann, Polit. Antiq. of Greece, ~ 154;    Iln a speech of Isocrates (Trapez. p. 361), the
Schbmann, Antiq. Junr. publ. Graec. p. 239, &c.)    defendant, a banker, from whom it is sought to reThe first traces of this truly democratic institu- cover a deposit, is charged with having asserted
tion are generally found in the establishment of the freedom of his own slave, in order to prevent
the archonship (&pXj v7revtiOuvos) instead of the  his being examined by torture respecting the sum
kingly power, by the Attic nobles (Paus. iv. 5. 4), of money deposited in his hands.  This is remarkIt was from this state of dependence of the first able on two accounts: first (as Meier observes),
magistrates upon the order of the nobles that, in  because it seems to prove that one not the owner
the course of time, the regular euthyne arose. Simi-  of the slave could bring the et. stmc1m, if he had an
lar institutions were established in several other interest in the matter; secondly, because it was
republics of Greece.  (Arist. Polit. vi. 5; Wachs-  optional with a man to give up his slave to the
muth, Hellet  Altertlh. i. p. 419, &c. 2d. ed.) [L.S.]  torture or not, the refusal being only matter of obEXAGO/GES DIKE' (EaywoTs 3rKtci), a suit servation to the jury; and, therefore, it appears
of a public nature, which might be instituted  strange that any one should have recourse to a
against one, who, assuming to act as the protector measure, the result of which (if successful) would
(Ktbpwos) of an Athenian w-oman, married her to a  be, to deprive him of his property.   [C. R. K.]
foreigner in a foreign land,  This was contrary to    EXAUCTORA'TIO.  [ExERCITUS.]
law, intermarriage with aliens being (as a general    EXAUGURA'TIO  is the act of changing a
rule) prohibited.  In the speech of Demosthenes  sacred thing into a profane one, or of taking away
against Timocrates (p. 763), he is charged with  from it the sacred character which it had received
having sold his sister to a Corcyrean, on pretence  by inauguratio, consecratio,  or dedicatio.  That
of giving her in marriage.  (Meier, Att. Proc. such an act was performed by the augurs, and
p. 350.)                            [C. R. K.]    never without consulting the pleasure of the gods
EXAIRE'SEOS DIKE' (iealfpreo S  tiKc), was  by auguriumn, is implied in the name itself.  (Li v.
an action brought to recover danmages for the at- i. 55, v. 54; Dionys. Hal. Astiq. Rote. iii. p. 202,
tempt to deprive the plaintiff of his slave; not ed. Sylburg; Cato. cap. Fest. s. v. NTequitiumz.)
where the defendant claimed a property in the ITemples, chapels, and other consecrated places, as




480              EXEGETAE.                                    EX ERCITORIA  ACTIO.
wvell as priests, were considered as belonging to the  accordance with the etymological meaning of' the
gods.  No consecrated place whatever could be  word, states, that it was applied to any interpreter
applied for any profane purpose, or dedicated to  oflaws, whether sacred or profane; but we knove
any other divinity than that to which it originally  that tat Athens the name was principally applied tu
bielonged, without being previously exaugurated; three members of the family of the Eumolpidae
and priests could not give up their sacred func-  (Suidas, s. v.), whose province it was to interpret
tions, or (in case they were obliged to live in celi-  the religious and ceremonial laws, the signs in the
bacy) enter into matrimony, without first under-  heavens, and the oracles; whence Cicero (De Leyj,
going the process of exaugutratio. (Gellius, vi. 7. ii. 27) calls them religionzez interpretes. (Compare
4; Jul. Capitol. M. Anton. P/lilos. c. 4.)  [L. S.]  Pollux, viii. 124 and 188; Plato, Eutlyph?-. p. 4, d.)
EXCEIPTIO.  [AcTIO.]                            They had also to perform the public and private
EXCU'BIAE.  [CASTRA, p. 250.]                   expiatory  sacrifices, and were never appointed
EXCUBITO'RES, which properlymeans watch-  without the sanction of the Delphic oracle, whenc3
men or sentinels of any kind (Caes. Bell. Gall. vii. they were called Hus6oXpVsrroTi. (Tinaeus, Glossa),.
69), was the nanle more particularly given to the  s. v.'EtyyW'rai: compare Meier, De Boyis Dantnet.
soldiers of the cohort who guarded the palace of p. 7; Miiller, ad Aesch/yl. Eezen. p. ]62, &c.)
the Roman emperor.  (Suet. Ner. 8, Oth. 6.)    The name i-ryjTr1s was also applied to those
Their commanding officer was called tribuneos ex- persons who served as guides (cicerone) to the
cubitor.  (Suet. Claud. 42, Ver. 9.)  When the  visitors in the most remarkable towns and places
emperor went to an entertainment at the house of of Greece, who showed to strangers the curiosities
another person, the excubitores appear to have ac- of a place, and explained to them  its history and
companied him, and to have kept guard as in his  antiquities.  (Paus. i. 41. ~ 2.)
own palace. (Suet. Oth. 4.)                          Respecting the /qyor7rlTs of the laws of LvcurEXEDRA (ES4Apa), which properly signifies a  gus at Sparta, see MUller, Dor. iii. 11. 2.  [L. S.1
seat out of doors, came to be used for a chamber    EXERCITO'RIA   ACTIO, was an  action
furnished with seats, and opening into a portico, granted by the edict against the exercitor navis.
where people met to enjoy conversation; such as  By the term  navis was understood any vessel,
the room which Vitruvius describes as opening on  whether used for the navigation of rivers, lakes,
to the peristyle of the gynaeconsitis of a Greek house  or the sea.  The exercitor navis is the person to
[DoMus], and as the rooms attached to a gymna- whom all the ship's gains and earnings (obventiones.
sium, which were used for the lectures and dis- et reditits) belong, whether he is the owner, or has
patations of the rhetoricians  and  philosophers. hired the ship (per aversioneen) from  the owner
[GYMNASIUsM.]   The former class of exedrae  for a time definite or indefinite.  The magister
Vitruvius indeed calls by another name, namely  navis is he who has the care and management   of'
7rapac-rdy or rwarTds, but the word ei08pa occurs  the ship, and was appointed (praepositus) by the
ini  Euripides (Orest. 1449) in this sense, and  exercitor.  Tile excrcitor was bound generally by
Pollux mentions the words 4iupat and 7ra80erdes  the contracts of the magister, who was his agent.
as synonymous (vii. 122).  In this sense the word  but with this limitation, that the contract of the
might be translated parlour.                       magister must be with reference to furthertin  the
In old Greek the word XexoX appears to have  object for which lie was appointed; as, for instance,
had a similar meaning; but the ordinary use of if he purchased thiinigs suseful for the navigation of
the word is for a larger and more public place of the ship, or entered into a contract or incurred
resort than the E4tEpa.  [LESCHE.]                 expense for the ship's repairs, the exercitor was
Among the Romans the word had a wider bound by such contract: the terms of the master's
meaning, answering to both the Greek terms,  E't3pa  appointment (praepositio) accordingly determine
and A orx7.  Thus it is not only used to signify a  the rights of third parties against the exercitor.
chamber for ordinary resort aned conversation in a  If the magister, being appointed to manage the
private house, or in the public baths and gymnasia  ship and to use it for a particular purpose, used it
open to the sun and air, (Vitruv. v. 11; vii. 9; for a different purpose, his employer was not bound
Cic. Orat. iii. 5, De Xat. Deor. i. 6; Varro, R. R. by the contract.  If there were several magistri,
iii. 5; Ulpian, Dig. ix. tit. 3, leg. 5);: but the  without any partition of their duties (noen divisis
word is even applied: to the hall attached to the  oficiis), a contract with one was the same as a
theatre of Ponlpey, which was used as a place of contract with all.  If there were several exermeeting by the senate.'(Plut. Brezt. 14, 17). citores, who appointed a imagister either out of
The diminutive eoxedrium  also occurs.  (Cic. ad  their owin number or not, they were severally an1k'Cm7. vii. 23.)                      [P. S.]    swerable (in solidum) for the contracts of the
EXEGE'TAE (eZ7?7orTat, interpreters; on this  magister.  The contracting party might have his
and other meanings of the word see Rhunken, ad  action either against the exercitor or the magister,
Tienaei Glossar. p. 109, &c.), is the ieame of the  so long as the magister continued to be such.
Eumolpidae, by which they were designated as    A party might have an action ex delicto against
the interpreters of the laws relating to religion and  an exercitor in respect of the act either of the
of the sacred rites.  (Demosth. Eszeeg. p. 1160.)  magister or the sailors, but not on the contract of'[EUMOLPIDsA.]J  They were thus at Athens the  the sailors.  If the magister substituted a person
only class of persons who, ins some measure, resenl-  in his place, though he was forbidden to do so, the
bled the Roman jurists; but the laws, of which the  exercitor would still be bound by any proper conEi*TY?oral were the interpreters, were not written  tract of such person.'lbut handed dowsn by tradition.  Plutarch (T/es.    The term  Nauta properly applies to all persons
25) applies the term  to the whole order of the  who are engaged in nIavigating a ship; but in the
Eupatridae, though  properly speaking it belonged  Praetor's Edict ()ig. 4. tit. 9. s.:l) the term Nauta
only to certain members of their order, i. e. the  means  Exercitor (pci nacven exercet).
hEumolpidae... The Etynmologictim'MagnI. (s.'t.), in    (TDig. 14'. tit.: 1  Peckcius, in Tit. i;f. D.  Cd.




EXERCITUS.                                         EX ESICITUS.                481
rta lers Nautican pertinentes C0ommzent.; Abbott  but more commonly alighting, as they drew near,
on Shippizg, Index, Exercitor Navis.)   [G. L.]   and fighting on foot, making use of the chariot for
EXE'RCITUS (eTpa7rds), army.  1. GPEEKI.  pursuit or flight.  The Greeks did not, like the
The earliest notices which we possess of the mili-  ancient Britons and several nations of the East,
tary art among the Greeks are those contained in  use the chariot itself as an instrument of warfare.
the Homeric poems. The unsettled state of society  Cavalry was unknown at that time to the Greeks,
in the first ages of Greece, led to the early and  and horsemanship but very rarely practised; the
general cultivation of the art of arms, which were  rir7rnes of Homer are the chieftains who ride in
habitually worn for defence, even when aggressive  chariots.  These chiefs are drawn up in the front
warfare was not intended. (Thuc. i. 6.)  But the  of the battle array (Ii. iv. 297, 7rplgaXoL, 7rpoadHomeric poems contain an exhibition of combined  XEorOa);  and frequently the foot soldiers seem to
military operations in their earliest stage.  WVar-  have done nothing but watch the single combats
like undertakings before the time described in  of their leaders, forming, in two opposite, parallel
them  can have been little else than predatory  lines, something answering to a ring (PiKos 7rosXinroads (BoXheaco'at, Il. xi. 667).  A  collection of /uoso, II. iv. 299) within which the more important
warriors exhibiting less of organisation and dis-  single combats are fought.   How  they got the
cipline than we see depicted in the Grecian troops  chariots out of the way when the foot soldiers
before Troy, would hardly deserve the name of an  came to close quarters (as in II. iv. 427, &c.) is
army. The organisation which we see there, such  not described.
as it was, arose, not from any studied, formative    Though so little account is usually made of the
system, but naturally, out of the imperfect con-  common soldiers (7rpvAE'es, I. xi. 49, xii. 77),
stitution of society in that age.  Every freeman in  Homer occasionally lays considerable stress on
those times was of course a soldier; but when all  their orderly and compact array; Nestor and Methe members of a family were not- needed to go  nestheus are honourably distinguished  by the
upon an expedition under the command of their  epithet IcO0OrTOps X dA' (Ii. ii. 553, iv. 293, &c.).
chieftain or king, those who were to go seem to  The troops were naturally drawn up in separate
have been selected by lot (Ii. x. 418).  As the  bodies according to their different nations.  It
confederated states, which  are  represented as  would appear to be rather a restoration of the old
taking part in the Trojan war, are united by  arrangement, than  a new  classification, when
scarcely any other bond than their participation in  Nestor (Ii. ii. 362) recommends Agamemnon to
a common object, the different bodies of troops,  draw  the troops up  by tribes and phratries.
led by their respective chieftains, are far from   Arranged in these natural divisions, the foot solbeing united by a common discipline under the  diers were drawn up in densely compacted bodies
command-in-chief of Agamemnon.  Each body  (7rvclval qidhaayyes) shield close to shield,- helobeys its own leader, and follows him to the con-  met to helmet - man to man (II. xiii. 1 30, xvi.
flict, or remains inactive, according as he chooses  212, &c.).  In these masses, though not usually
to mingle in the fight or not.  Authority and  commencing the attack, they frequently offer a
obedience are regulated much more by the nature  powerful resistance, even to distinguished heroes
of the circumstances, or by the relative personal  (as Hector II. xiii. 145, &c., comp. xvii. 267, 354,
distinction of the chieftains, than by any law of &c., xiii. 339), the dense array of their spears
military discipline.  Agamemnon sometimes urges  forming a barrier not easily broken through. The
the chieftains to engage, not by commands, but by  signal for advance or retreat was not given by intaunts (II. iv. 338, &c. 368, &c.).  Accordingly,  struments of any kind, but by the voice of the
nothing like the tactics or strategy of a regularly  leader.  A  loud voice was consequently an illdisciplined army is to be traced in the Homeric  portant matter, and the epithet  Aoi'v &yaO(ds is
descriptions of battles.  Each chieftain with his  common.  The trumpet, however, was not absobody of troops acts for himself, without reference  lutely unknown (II. xviii. 219).  Respecting the
to the movements of the rest, except as these  armour, offensive and defensive, see ARaA.
furnish occasion for a vigorous attack, or, when    Under the king or chieftain who commands his
hard pressed, call for assistance from the common  separate contingent we commonly find subordinate
feeling of brotherhood in arms. The wide interval  chiefs, who command smaller divisions.  It is
which in the Homeric age separated the noble or  difficult to say whether it is altogether accidental
chieftain from the common freeman, appears in as  or not, that these are frequently five in nlumber.
marked a manner in, military, as in civil affairs.  Thus the Myrmidons of Achilles are divided into
The former is distinguished by that superior skill five TviXEs, each of 500 men. Five chiefs command
and prowess in the use of his arms, which would  the Boeotians; and the whole Trojan army is
naturally result from the constant practice of war- formed in five divisions, each under three leaders.
like exercises, for which his station gave him the  (1. iv. 295, &c., xvi. 171-197, ii. 494, &c., xii.
leisure and the means. A  single hero is able to  87-104.)  The term mpocxa-y is applied either to
put to flight a whole troop of common soldiers. the whole army (as II. vi. 6), or to these smaller
The account of a battle consists almost entirely of divisions and subdivisions, which are also called
descriptions of the single combats of the chiefs on  CeTiXes and 7rip-yo!.
both sides; and the fortune of the day, when not    When an enemy was slain, it was the universal
overruled by the intervention of the gods, is de- practice to stop and strip off his arms, which were
cided by the individual valeur of these heroes. carefully preserved by the victor as trophies. The
While the mass of the commlon soldiers were on  division of the booty generally was arranged by the
foot, the chiefs rode in chariots [CutRvs], which  leader of the troop, for whom a portion was set aside
usually contained two, one to drive and one to  as an honorary present (y'pas, II. i. 392, 368, ix.
fight.   In these they advanced against the an-  328, xi. 703). The recovery of the dead bodies of
tagonists whom  they singled out for encounter, the slain was in the Homeric age, as in all later
sometimes hlrlilng their spearls fron their chaiots,  times, a point of the greatest importance, and fre1 1




482             EXERCITUS.                                         EXERCITUS.
quently either led to a fierce contest, or was effected  as in the case of the Scythian bowmen at Athlens,
by the payment of a heavy ransom (Kbpke, Kriesgs-  individual corps of mercenaries might be regularly
utesen der Grieehen in heroischlen Zeitalter; Wachs-  maintained.  Slaves were but rarely trusted with
muth, ilellen. Altesrtlhumsk. vol. ii. ~ 110; Grote, arms, and when it was the case, they were usually
Ilistory of' Greece, vol. ii. p. 1 41).           manumitted.  The Greek armies accordingly were
After the heroic age considerable impulse was  national armies, resembling rather the militia than
given to the cultivation of the military art by the  the regular armies of modern times.
conquests of the Thessalians (the first Grecian    In all the states of Greece, in the earliest as in
people, apparently, that employed cavalry, to the  later times, the general type of their military oruse of which their conquests were probably in  ganisation was the phalanxl, a body of troops in
great part owing) and Dorians, among the latter  close array with a long spear as their principal
of whom the art of warfare was earliest reduced to  weapon. It was among the Dorians, and especially
system. The distinction of heavy and light armed  among the Spartans, that this type was most rigidly
foot soldiers of course took its rise with the be- adhered to.  The strength of their military array
ginnings of military service, the poorer class being  consisted in' the heavy-armed infantry (6rAhTra).
unable to provide themselves with the more ef-  They attached comparatively small importance to
cient, but more costly weapons of those who were  their cavalry, which was always inferior (Xen.
better off than themselves. Political considerations  Hellen. vi. 4. ~ 10).  Indeed, the Thessalians and
tended to make the distinction more marked and  Boeotians were the only Greek people who dissystematic.  The system  of military castes was  tinguished themselves much for their cavalry;
indeed unknown among the Greeks, though some-  scarcely any other states had territories adapted
thing answering the same purpose existed in the  for the evolutions of cavalry.  The Spartan army,
earliest times, when the nobles and their more  as described by Xenophon, was probably in all its
immediate dependants and retainers, having greater main features the same that it was in the time of
leisure for the cultivation of skill in the use of Lycurgus.  The institutions of that lawgiver conarins, and greater means for procuring them, were  verted the body of Spartan citizens into a kind of
separated in that respect by a wide interval from  military brotherhood, whose almost sole occupation
the lower class; while conversely, military supe-  was the practice of warlike and athletic exercises.
riority  was the most direct moans of securing  The whole life of a Spartan was little else than
political supremacy.  Hence, as soon as the dis-  either the preparation for or the practice of war.
tinction between the nobles (the privileged class)  The result was, that in the strictness of their disand the commonalty (demus) was established, it cipline, the precision and facility with which they
became the object of the former to prevent the  performed their military evolutions, and the skill
latter from placing themselves on a par with them   and power with which they used their weapons,
in military strength, and so the use of the full the Spartans were unrivalled among the Greeks,
armour of the heavy-armed infantry was reserved  so that they seemed like real masters of the art of
by the former for themselves; and when, in times  war (rEX7l'Tas'Ymv 7roXEs.lKc&r), while in comof distress, it was found necessary to entrust the  parison with them  other Greeks appeared mere
demus with full armour, the result was not un- tiros (a'TooXe8maa-L-'s'zv  o-TpaTLWrTe1K&, Xen.
commonly a revolution (as was in some degree the  Rep. Laced. xiii. ~ 6; Plut. Pelop. 23).  The
case at Mytilene, Thuc. iii. 27).  But in the de- heavy-armed infantry of the Spartan armies was
mocracies this distinction as regards the kinds of composed partly of genuine Spartan citizens, partly
service depended merely upon the greater or less  of Perioeci (e. g. Thucyd. iv. 8, comp. Grote, Hist.
ability of the citizens to procure arms.  In the  of Greece, vol. ii. p. 493).  In later times, as the
Greek commonwealths all those who enjoyed the  number of Spartan citizens decreased, the Perioeci
privileges of citizens or freemen were held bound  constituted the larger portion, a fact which renders
to serve as soldiers when called upon, and were  nuigatory all attempts to connect the numbers of
provided with arms and trained in military exer- the divisions of the army with the political divicises as a matter of course.  The modern system  sions of the Spartan citizens.   Every Spartam
of standing armies was foreign to Greek habits, citizen was liable to military service (k~popovpos)
and would have been dangerous to the liberties of from the age of twenty to the age of sixty years.
the different commonwealths, though something  Those beyond that age were, however, sometimes
of the kiid  may be seen in the body guards, employed in the less arduous kinds of service 
usually of mercenary troops, kept by tyrants. as at Mantineia, where they had charge of the
The mercenaries in the pay of Alexander cf baggage (Thuc. v. 72).  On the occasion of any
Pherae formed a considerable army.  Practically  military expedition, the kings at first, and aftertoo, from the continuity of the warlike operations  wards the ephors, made proclamation what class,
in which they were engaged, the armies of Philip'according to age, were to go on the expedition
and Alexander of Macedon, and their successors, (a. ArTs els & E? G-rrpaTeViesOat, Xen. Rep. Lac. xi.
became standing armies.  The thousand Xoytdes  ~ 2) as, for example, all citizens between twenty
at Argos (Thuc. v. 67) and the sacred band >at and thirty, or between twenty and thirty-five &c.
Thebes (Plut. Petop. 18; K. F. Hermann, C riecel.  (a aeca &Jp' iGr7s, Am IrEYTEtcK 8ECCK a aup' ifsj, &c.).
Staatsaltetlh. ~ 181 note 2) were not considerable  When in the field, the troops were drawn up in
enough to be called armies. The employment of some manner according to their ages, so that for
mercenary troops might have led to the use of any special service, those of a particular age might
standing armies, had it not been that the use of be separated and employed (Xen. Hellen. iv. 4.
them  characterised the decline of the Grecian.~ 16, 5. ~ 15, 16).  On one occasion (B. c. 418),
states, so that the circumstances which led to  on a sudden emergency, when probably there was
their employment, also rendered it impossible to  not time to collect the Perioeci, all the citizens of
provide the resources for their maintenance, ex- the military age were called forth (Thuc. v. 64).
cept when they were immediately needed.  Still,    The political and  military divisions of the




EXERCITUS.                                      EXERCITUS.                 483
Spartans were mixed up together in some way  Pihaloan),.is an assumption which leaves out of
which it is not easy to unravel.  The whole life  sight the proportion of citizens called out, and the
of a Spartan was passed in the discipline of a kind  number of Perioeci in the army.;  (Of the 292
of camp.  The citizens messed together in com- heavy-armed soldiers who surrendered at Sphacpanies, and slept in a sort of barracks.  It appears  teria, 120 were Spartans, Thuc. iv. 38. At the
from  Xenophon (Rep. Lac. xi.) that the whole  battle of Plataeae, one half of the heavy-armed
body of citizens of military age was divided into  soldiers of the Lacedaemonians were Spartans.)
six divisions called  udOpai (reroiritc'al u4paL he  When in the field, each mora of infantry was atterms them), under the command or superintend-  tended by a mora of cavalry, consisting at the most
ence of a polemarch, each mora being subdivided  of 100 men, and commanded by an hipparmost
into four hAdXo  (commanded by Aoxayoi), each  (17r'apopoa'ris, Xen. Hellen. iv. 4. ~ 10, 5. ~ 12).
A6Xos into two'reVT71KcorTES (headed   by rsv77- - Plutarch (Lye. 23) mentions squadrons (ohvAalot)
KCorTTlpES), each 7rervTi7ots into two E'vw/ouoria  of fifty, which may possibly be the same divisions.
(headed by enomotarchs).  The EvwcoT[aL were  It is not easy, however, to see in what manner the
so called from  the men composing them being  cavalry could have been thus apportioned, or how
bound together by a common oath (Tdais Trs lai  each mora of cavalry could have " belonged to a
poayiwsyv eycaoTosr, Hesych. s. v.).  These were  mora of infantry without being in close connection
not merely divisions of troops engaged in actual with it" (as Muller says).  The cavalry seems
military expeditions.  The whole body of citizens  merely to have been employed to protect the flanks,
at all times formed an army, whether they were  and but little regard was paid to it.  The corps of
congregated at head-quarters in  Sparta, or a  300?7r7re7s (Herod. viii. 124) formed a sort of
portion of them were detached on foreign service. body-guard for the king, and consisted of the
Herodotus (i. 65) speaks of enomoties, triacades, flower of the  young soldiers.  Though called
and syssitia as military divisions, and we learn that horsemen, they fought on' foot. (Xen. Rep. Lac. iv.
the polemarchs presided over the public tables  ~ 3.)
(Plut. Lye. 12). When a portion of the citizens    Thucydides in his account of the battle of Manwas sent out on foreign service, the army that they  tineia (v. 68) describes the Lacedaemonian army
formed was arranged in divisions corresponding to, as divided into seven lochi, each containing four
and bearing the same names as the divisions of pentecostyes, and each pentecostys four enomotiae,
the entire military force of Sparta, i. e. of the  with thirty-two men in each; so that the lochus
entire body of citizens of military age. As has  here is a body of 512 men, and is commanded by
already been remarked, an army sent On foreign  a polemarch.  It is clear, therefore, that the lochus
service consisted of citizens between certain ages, of Thucydides, in this instance, answers to the
determined according to the number of soldiers  mora of Xenophon.  As on this occasion, the
wanted.  So that, as it would seem, every eno- pentecostys contained four instead of two eno.
motia of the general body sent out a certain pro- suotiae, and as four pentecostyes were thrown togeportion of its numbers for the expedition  in  ther into one division, Thucydides may have been
question, who (with some Perioeci) formed an  led to call this division a lochus, as being next
enomotia of the army so sent; and the detach- above the pentecostys, though it was, in fact, a
ment of those enomotiae which formed a mora of mora commanded by a polemarch (Thirlwall, 1. c.
the whole body of citizens, formed (apparently) a  p. 445; comp. Arnold on Thuc. v. 68).  Aristotle
mora of the army on service. All the accounts  appears to use the terms lochus and mora indisthat we have of Spartan military operations indi. criminately (Aarbvwov iroA.. Fr. 5 and 6; Photius
cate that the Perioeci who sei'ved as heavv-armed  s. v. dXol0). The suggestion of Arnold (1. c.) that
soldiers, formed integral members of the different one of the seven lochi spoken of consisted of the
divisions to which they were attached; so that an  Brasidean soldiers and Neodamnodes, who would
enomotia, pentecostys, &c., in the field, would con- not be taken account of in the ordinary divisions
tain a number of soldiers who did not belong to  of the Spartan forces, is not unlikely, and would
the corresponding larger divisions of the whole  explain the discrepancy between the number of
body of citizens of military age. Thirlwall (Hist. lochi (or morae) here, and the ordinary number of
of Greece, vol. i. app. ii.) talks of thirty families six morae; but even independently of it, no diffibeing represented in thle army by thirty soldiers; culty need be felt with respect to that particular
an idea totally at variance with all the accounts point, as the whole arrangement of the troops on
that we have.  Supposing a family to consist of a  that occasion was a departure from the ordinary
father and three sons, if the latter were above  divisions.  It was not universally the case that an
twenty, and the father not above sixty years of army was made up of six morae and twenty-four
age, all would be soldiers, liable to be called out ordinary lochi.  On one occasion, we hear of
for active service at any time; and according to  twelve lochi (Xen. Hellen. vii. 4. ~ 20, comp.
the limits of the age proclaimed by the ephors, ~ 27), each of about 100 men. The Neodamodes
one, two, three, or all of them might be called out were not usually incorporated in the morae (Xen.
at once. The strength of a mora on actual service, Hellen. iv. 3. ~ 15).
of course, varied, according to circumstances.  To    It seems a probable opinion that the number of
judge by the name pentecostys, the normal number morae in the Spartan military force had reference
of a mora would have been 400; but 500, 600, to the districts into which Laconia was divided.
and 900 are mentioned as the number of men in a  These, including Sparta and the districts immemora on different occasions (Plut. Pelop. 16; Xen. diately around it, were six in number. Perhaps,
Hellen. iv. 5. ~ 11, 12, vi. 4. ~ 12; Schol. ad  as Thirlwall suggests, the division of the army
T/uc. v. 66; Diod. xv. 32, &c.; Miiller, Dorians, may have been founded on the fiction that one
iii. 12. ~ 2, note t.).  That these variations arose  mora was assigned for the protection of each
from variations in the number of Spartan citizens  district.  The same writer also suggests a very
(Haase in Ersch and Gruber's Encyclop3die, art. probable explanation of the AsXoss  Itracl'rd's
i  2




484             EXERCITUS.                                         EXERCITUS.
which  -lcrodotius (ix. 53) speaks of, and of which  first enomotia, which now, with the commander.
Thucydides (i. 20), though doubtless erroneously, in-chief at its head, occupied the extremity of the
denies -the existence.  Thirlwall suggests that as  right wing.  This evolution was called irapayroyf
each mora consisted of four lochi, the four lochi of (Xen. Rep. Lac. xi. ~ 6), a name also given to the
the mora belonging to the district of Sparta may  reverse movement, when a phalanx had to fall into
have been distributed on the same principle among  marching order, and to subordinate movements of
the four Kc&uat, Limnae, Cynosulra, Mesoa, and  the same kind for changing the depth of the
Pitana, of which Sparta was composed.*            phalanx.  In the latter the evolutions were conA  Spartan army, divided as above described, ducted on much the same principle.  Thus, if the
was drawn up in the dense array of the phalanx, depth of the phalanx was to be diminished by half,
the depth of which depended upon circumstances. the hinder portion of each enomoty marched forAn fELzAOTI'a sometimes made but a single file, wards and placed itself on the left of the half in
sometimes was drawn up in three or six files (0i5ya, front of it.  Similarly, if the depth had to be inXen. Rep. Lac. xi. ~ 4; Miiller, iii. 12. ~. 3, note a). creased, the left-hand portion of each enomotia
At.the battle of Mantineia the phalanx was eight faced about towards the right, took up its station in
deep, so that each enomotia made four files. (Thuc. the rear, and then, facing to the left again, asv. 68; comp. Xen. Ilellen. iii. 2. ~ 16, vi. 2. ~ 21.)  suimed their proper position. (Xen. Rep. Lac. xi.
At the battle of Leuctra it was twelve deep. ~ 8.)  The facing to the right was always the
(Xen. H1elten. vi. 4. ~ 12.)  The enomotarch stood  usage, because if the evolution were performed in
at the head of his file (7rpCW'07erdrTs), or at the  the face of an enemy, the shielded side could be
head of the right-hand file, if the enomotia was presented towards  him.  Modifications of this
broken up into more than one.  The last man was  evolution, conducted on the same principle, were
called obpaydr.  It was a matter of great import-  employed if the depth had to be increased or
ance that he, like the enomotarch, should be a man  diminished in any other proportion (comp. Xen.
of strength and skill, as in certain evolutions he  Anab. iv. 3. ~ 26, iv. 6. ~ 6, Cyrop. ii. 3. ~ 21).
would have to lead the movements. (Xen. Cyrop. It is very likely that at those points of the files
iii. 3. ~ 41, &.c.) The commander-in-chlief, who  where in such evolutions they would have to
was usually the king (after the affair of Demaratus  separate, there were placed men suitable for taking
and Cleomenes it was the practice not to send out their station in the front rank, where it was alboth kings together, Herod. v. 75; but comp. ways an object to get the best men. These would
vi. 73), had his station sometimes in the centre (as answer to the cBEKdaapXoe and 7res7rdaapXot of
at Mlantineia, Thuc. v. 72), more commonly (as-at Xenophon.  (Cyrop. ii. 1; comp. Ilipparch. ii. ~ 6,
Leuctra) on the right wing.  The deployments by  iv. ~ 9.)  If an enemy appeared in the rear, it was
which the arrangements of the phalanx were altered  not enough that the soldiers should face about totook place under the direction of the enomotarch. wards the enemy.  The Spartan tactics required
aVhen the troops were drawn up in a line in the  that the stoutest soldier should be opposed to the
ordinary battle array, they were said to be 4srl enemy.  This was accomplished by the mancoeuvre
(pdAayyos.  Supposing an enomotia to consist of termed  teAyuydr.  Of this there were three vatwenty-five men, including its leader, and to be  rieties: 1. Thle lMacedonian. In this the leader of
drawn up eight deep, the front line of the army  each file kept his place, only turning towards the
would consist of 288.  In an ordinary march the  enemy.  The man behind him  (&ErraiTd7i's) rearmy advanced errl IcEpws (or caTh cc' pas, Xen. treating and again taking  up his station behind
Iellen. vii. 4. ~ 23), the first enomotia of the  him, and so on.  In this way the army retreated
right wing filing off, and the rest in succession  from  the enemy. by a distance equal to its depth.
following it; so that if the enomotia was drawn  2. The Laconian (the one usually adopted by the
up in three or two files, the whole army would  Macedonian phalanx of Philip and Alexander).
march in three or two files.  The most usual ar- This was the reverse of the preceding, the rear
rangement was in two files. (Xen. Hellen. vii. 4. man remaining stationary and the others advancing
~ 22, iii. 1. ~ 22, Polyaeen. ii. 1. ~ 10.)  If an  successively one before the other.  In this way of
army in marching order had to form in phalanx, course the army advanced against the enemy by a
the movement began with the hindmost enomotia of distance equal to its depth.  3. Thie Cretan. In
the column, which placed itself on the left of (rap' this the leader and rearman, the second and last
&o'ridas) and on a line with (iS trTcrrovs) the  but two, and so on, changed places, so that the
enomotia before it.  These two then performed  whole army remained at the same distance from
the same evolution with respect to the last but the enemy.  This species was also called Xope7os
two, and so on, till all were in a line with the  (Haase ad Xen. Rep. Lca. xi. ~ 9.; MUller, iii. 12.
~ 8; Aelianus, Tact. 26, 27, 33.) These evolu-': MUller (Dorians, book iii. c. 3. ~ 7) talks of tions would of course leave the general on the left
a rdAis distinct from these KctraL.  But the latter wing.  If it was deemed expedient that he should
were certainly not mere suburbs, but component be upon the right, it was not enough that-he should
parts of Sparta itself (comp. Paus. iii. 16. ~ 9). simply remove from the left to the right, the whole
ILase (1. c.) speaks of five divisions of the city be- army had to reverse its position, so that what was
sides Pitana, so that the six morae or lochi in the  the left wing should become the right.  This was
sense of Thucydides corresponded to these six  effected by an exeligmus, termed (at least by the
divisions.  For this arrangement, there seems no  later tacticians), E'eMsXybs ica'r& (vy&, as conauthority, except the statement of the scholiast on  trasted with the EtEATyu,1)s KTar' aC'iXovs.  If the
Aristoph. (Lys. 453), that there were six lochi at army changed its front by wheeling round through
Sparta, five of which he names, one of the names  a half circle, round one corner as a pivot, the
being corrected conjecturally by AIiller to rsoEo-   movement seems to  have been  expressed  by
dr-ys. But there seems here little more than a con-  7reptnr-'mrooeEv or &,arirTrieeaE.  One more evolufused version of the division into six morae.     tion remains to be noticed.  Suppose an enemy




EXERCITUS.                                      EXERCIT US.                485
appeared on the right, while the army was march- reverse, owing to the carefully graduated system
ing in column, two abreast.  The different lochi of subordination which prevailed (,Xe8bsv ydp Tro
wheeled round through a quadrant of a circle, 7rav Tob pTo'eaT'drE  ov rP AarEeatso'rowrv  PXOVTes
round their leader, as on a pivot, so that the army   OpXe'ayv deli. Thuc. v. 66).  The commands of
presented twenty-four colunms to the enemy, conl- the general were issued in the first place to the
sisting of two files each, and separated by a con- polemarchs, by these to the lochagi, by these
siderable interval from each other. The depth of again to the pentecosteres, by the latter to the
the whole body was then lessened, and these in- enomotarchs, and by these last to their respective
tervals filled up by the ordinary paragoge, and by  divisions.  From the orderly manner in which this
the different lochi siding up nearer to each other was done, commands were transmitted with great
in case the intervals still remained too great.  If rapidity: every soldier, in fact, regulating the
it was necessary for the general to take his station  movements of the man behind him, every two
on the right, this would be effected, as in other being connected together as 17rpcroarrdTirs and
cases, by an dEExtyl.ds.  Similar manoeuvres took  &r'rciriTrs.
place if the enemy appeared on the left, though,    In later times the king was usually accompanied
as this was the shielded side of the soldiers, and  by two ephors, as controllers and advisers. These,
the danger was consequently less, it was frequently  with the polemarchs, the four Pythii, three peers
thought sufficient to keep the enemy in check by  (hixlooo), who had to provide for the necessities of
means of the cavalry and light troops. (Xen. Rep. the king in wvar, the laphyropolae and some other
Lcc. xi. ~ 10.) One point that a general had to be  officers, constituted what was called the damosia
on his guard against was the tendency of an army, of the king.  (Xen. Rep. Lac. xiii. ~ 1, 7, xv.
when advancing E'rl cdaayyos, to sheer off towards  ~ 14, Hellen. iv. 5. ~ 8, vi. 4. ~ 14; Plut. Lyc.
the right, each man pressing closer to his right-hand  22.)  The polemarchs also had some sort of suite
neighbour in order to protect his unshielded side, or staff with them, called ovyLpopE7s (Plut. Pelop.
so that the right wing frequently got beyond the  17; Xen. I1ellen. vi. 4. ~ 14).  With the excepleft wing of the enemy.  (See especially the ac- tion of the enomotarchs, the superior officers and
count of the battle of Mantineia, Thucyd. v. 71.) those immediately about them, are not to be reckA slight consideration will shew that the analogy  oned with the division which they led. They stood
traced between the evolutions of an army and  distinct, forming what was called the 6&y-7/ua.
those of a chorus is by no means fanciful.  One    The Spartan and Perioecian hoplites were ackind of tieXLAhVyls was even called Xop-o6s. The  companied in the field by helots, partly in the
importance attached to the war dances among the  capacity of attendants, partly to serve as lightSpartans as a means of military training was con- armed troops.  The number attached to an army
sequently very great.  [CHORUS.]                was probably not uniform.  At Plataeae each
When an army was led to attack a height, it Spartan was accompanied by seven helots; but
was usually drawn up in what were termed XdXoL that was probably an extraordinary case.  One
bpOotl, a term which merely implies that the lochi helot in particular of those attached to each Spartan
had greater depth than breadth (7rapcd ices 1etv was called his;hepdrcov, and performed the funcxevraL etraV Tdya b - TAb y/KOtS EXc   7rXAeov roD tions of an armourer or shieldbearer (Eustath. ad
ucdovs, iipOiov   k b at' 00r  3     TOos ro9 epcous, Aelian. Dionys. Per. 533).  Xenophon (Hellen. iv. 5.
Tact. c. 29).  The breadth of the lochi would,. of ~ 14, 8. ~ 39) calls them V6rrarLeral. (Comp. Herod.
course, vary according to circumstances.  They  v. 111; MUller, Dor. iii. 3. ~ 2.)  In extrawere drawn up with considerable intervals between  ordinary cases, helots served as hoplites, and in
them.  In this way the army presented a con- that case it was usual to give them  their liberty
siderable front to the enemy, and was less liable to  (Thucyd. vii. 19, iv. 80, v. 34).  Distinct corps
be thrown into confusion than if drawn up in close were, sometimes, composed entirely of these Neo.
phalanx, while at the same time the intervals be- damodes.  A separate troop in the Lacedaemonian
tween the lochi were not left so great that the army was formed by the Sciritae (KCtpTraL), orienemy could safely press in between them. (Xen. ginally, no doubt, inhabitants of the district Sciritis.
Anab. iv. 2. ~ 11, 13, 8. ~ 10-19, v. 4. ~ 22, In battle, they occupied the extreme left of the line.
Cyrop. iii. 2. ~ 6, Aeab. iv. 3. ~ 17; Polyaen. On a march, they formed the vanguard, and were
Strat. v. 16. ~ 1.) There is no ground for affirming  usually employed on the most dangerous kinds of
that a AdXos iipOos was drawn up in two files, or service. (Thuc. v. 67, with Armold's note; Xen.
even one, as Sturz (Lex. Xen.) says.  Such an ar- Cyrop. iv. 2. ~ 1; K. F. Hermann, ~ 29, note 13,
rangement would be perfectly useless for attack. infers from this passage that they were cavalry,
This system of arrangements, which formed some an inference which is certainly not necessary, and
approximation to the Roman tactics, was not, how- is contradicted by Miiller, Manso, Haase, Thirlever, employed, except in the particular case men- wall, Arnold, &c.)
tioned.                                           The arms of the phalanx consisted of' the long
In special circumstances, such as those of the  spear and a short sword (4vXMrl).  The chief part
retreating Greeks in the Anabasis, the arrange- of the defensive armour was the large brazen
ment in a hollow square was adopted, the troops shield, which covered the body from the shoulder
being so placed that by simply facing about they  to the knee (Tyrtaeus, fr. ii. 23), suspended, as in
presented a front for battle on whichever side it was ancient times, by a thong round the neck, and
necessary.  The term  Xatoamlov was applied to an  managed by a simple handle or ring (7rJp7ra~).
army so arranged, whether square or oblong. The improved Carian handle (Ox;dvr) was not inAfterwards the term:rAafaiov was restricted to troduced till the time of Cleomenes III.  Besides
the square, the oblong being called,rX'vr0ov.  this, they had the ordinary armour of the hoplite
Though at first sight the arrangement and ma- [ARMA].   The heavy-armed soldiers wore a
nceuvres of a Lacedaemonian army seem exceed- scarlet uniform (Xen. Rep. Lac. xi. ~ 3, Ages. iL
ingly complex, they were in reality quite the  7).   The Spartan encampments were circular., ii 3




4 86            EXERCITUS.                                         EXERCITUS.
Only the heavy-armed were stationed within it,?ypayEaecoYv, and received a shield and spear in a
the cavalry being placed to look out, and the helots public assembly of the people, binding themselves
being kept as much as possible outside.   As by oath to perform  rightly the duties of a citizen
another precaution against the latter, every soldier and a soldier (Aristot. ap. Harpocr. p. 241; Herwas obliged always to carry his spear about with  mann, I. c. ~ 123).  During the first two years,
him.  (Xen. Rep. Lac. xii.)  Though strict disci- they were only liable to service in Attica itself,
pline was, of course, kept up in the camp, it was chiefly as garrison soldiers in the different fortresses
less rigorous than in the city itself (Plut. Lyc. 22, in the country.  During this period, they were
comp. Herod. vii. 208).  Preparatory to a battle  called 7repi7roAoL.  (Harpocr. s. v. 7rEpilroos;
the Spartan soldier dressed his hair and crowned  Pollux, viii. 105; Lycurg. Leocr. ~ 76.) Accordhimself as others would do for a feast. The signal ing to some authorities, this service was also called
for attack in ancient times was given by priests of  -rTpaTeiea e'v To7s AEePeeL (Wachsmuth, 1. c. vol. i.
Ares (7rvppdpoe), who threw lighted torches into  ~ 56, note 45).  The levies were made under the
the interval between the two armies (Schol. ad  direction of the generals  [STRATEGI].   The
Eurip. Phoen. 1186).  Afterwards it was given  soldiers were selected either according to age, as
not by the trumpet, but by the music of flutes, among the Spartans (Aristot. ap. Harpocr. s. v.
and sometimes also of the lyre and cithara, to  0'rpaaeTr a and Phot. s. v. a~-paTae: i-Tav WiKLaV
which the men sang the battle song (7ra,&>  ECfGa-  c7rE'l7rooa, 7rpor7ypdoZ0vLt &erb'riPvos   pXo,'ros?plos). (Paus. iii. 17. ~ 5; Plut. 1. c.) The object d7rowvv/,ov  v.EXPL rvos rer & Tpa'edeVEaL;   the
of the music was not so much to inspirit the men, archons being, of course, those in whose year of
as simply to regulate the march of the phalanx  office they had entered the military service), when
(Thuc. v. 70).  This rhythmical regularity of the expeditions were called eosoLo E' TroLs Er'osu'movement was a point to which the Spartans at- /iois, or else according to a certain rotation (Aesch.
tached -great importance.  A  sacrifice was offered F. L. p. 330, THs - K casaoxsaX   4d4ovs).  The serto the Muses before a battle, as also to Eros (Plut. vices of those below or above the ordinary military
Aristid. 17).  To prevent the ranks being broken  age, were only called for on emergencies, or for
the soldiers were forbidden to stop in order to guarding the walls. (Comp. Thuc. i. 105, ii. 13.)
strip a slain enemy while the fight lasted, or to  Members of the senate during the period of their
pursue a routed enemy.  The younger hoplites or office, farmers of the revenue, choreutae at the
the cavalry or light-armed troops were despatched  Dionysia during the festival; in later times, traders
for this purpose (Xen. Hellen. iv. 4. ~ 16, v. 14. by sea also, were exempted from military service.
~ 16).  All the booty collected had to be handed  (Lycurg. Leocr. ~ 164; Demosth. Neaer. p. 1353,
over to the laphyropolae and ephors, by whom it Meid. p. 516; Aristoph. Eecles. 1019, with the
was sold.                                         Schol.)  Any one bound to serve who attempted
The rigid inflexibility of the Spartan tactics to avoid doing so, was liable to a sentence of
rendered them indisposed to the attack of fortified  &Tiruia.  The resident aliens commonly served as
places.  At the battle of Plataeae, they even as- heavy-armed soldiers, especially for the purpose of
signed to the Athenians the task of storming the  garrisoning the city.  They were prohibited from
palisade formed by the y/E'a of the Persians.     serving as cavalry (Thuc. ii. 13, 31, iv. 90; Xen.
In Athens, the military system was in its lead- de Vect. ii. ~ 5, Hipparch. ix. ~ 6).  Slaves were
ing principles the same as among the Spartans, only employed as soldiers in cases of great necesthough differing in detail, and carried out with less, sity, as at Marathon (according to Paus. i. 32.
exactness;  inasmuch as when Athens became  ~ 33), and Arginusae (Xen. Hellen. i. 6. ~ 17).
powerful, greater attention was paid to the navy.    Of the details of the Athenian military organiOf the times before Solon, we have but little in- sation, we have no distinct accounts as we have
formation.  XWe learn that there were twelve of those of Sparta.  The heavy-armed troops, as
phratriae, and in each of these four naucrariae, was the universal practice in Greece, fought in
each of whicl was bound to furnish two horsemen  phalanx order.  They were arranged in bodies in
and one ship.  Of the four classes into which the  a manner dependent on the political divisions of
citizens were arranged by the constitution of Solon, the citizens.  The soldiers of each tribe formed a
the citizens of the first and second served as ca- separate body in the army, also called a tribe, and
valry, or as commanders of the infantry (still it these bodies stood in some preconcerted order
need not be assumed that the hrreirs never served  (Herod. vi. 111; Plut. Arist. 5; Thuc. vi. 98 
as heavy-armed infantry), those of the third class Xen. Hellen. iv. 2, ~ 19, with Schneider's notes).
(ev-yieal) formed the heavy-armed infantry. The  It seems that the name of one division was'dtsr,
Thetes served either as light-armed troops on land, and of another NXXoe, but in what relations these
or on board the ships. The same general principles  stood to the vspux, and to each other, we do not
remained when the constitution was remodelled  learn, unless Xenophon's expressions (Cyrop. ii. 1.
by Cleisthenes.  The cavalry service continued to  ~ 4) may be looked upon as indicating that the
be compulsory on the wealthier class (Xen. Oecon.'dris contained four lochi, and consisted of one
ii. 6; Lycurg.Leocr. ~ 139).  All citizens quali- hundred men.  (Comp. Xen. Mem. iii. 4. ~ 1;
fied to serve either as horsemen, or in the ranks of Pollux, viii. ~ 114; Lysias pro Mantitheo, ~ 15,
the heavy-armed infantry, were enrolled in a list &c.)  Every hoplite was accompanied by an at[CATALOGUS].  The case of Thetes serving as tendant (ur7pmE`r7s, Thuc. iii. 17), to take charge of
heavy-armed soldiers is spoken of as an exception  his baggage, and carry his shield on a march.
to the general rule; and even when it was the  Each horseman also had a servant, called ururocase, they were not enrolled in the catalogus. Kdluos, to attend to his horse (Thuc. vii. 75, 78;
(Thucyd. vi. 43.)  Every citizen was liable to  Xen. Hellen. ii. 4).
service from  his eighteenth to his sixtieth year.   It would appear, that before the time of Solon
On'reaching their eighteenth year, the young citi-:the cavalry which the Athenians could muster
zens were formally enrolled ers' h A 7itapyuKbY' was under 100.  In the time of Cimon it was




EXERCITUS.                                        EXERCITUS.                  487
300, and soon after, 600 (Andoc. de Pace, p. 92; stringent among them than among the Spartans
Schol. Aristoph. Equit. 577, 624); at the begin- (XaNearal yap jat  ]u&erepaLt pvaels  ipeat, Thuc.
ning of the Peloponnesian war, 1200, of whom  vii. 14), and after defeat especially it was often
200 seem to have been hired Scythian bowmen  found extremely difficult to maintain it.  The
(Thuc. ii. 13, v. 84, vi. 94). Besides the light- generals had some power of punishing military
armed soldiers drawn from  the ranks  of the  offences on the spot, but for the greater number of
poorer citizens, there was at Athens a regiment such offences a species of court-martial was held,
of Thracian slaves, armed with  bows.   The  consisting of persons who had served in the ainly
number or these increased from  300, who were  to which the offender belonged, and presided over
purchased after the battle of Salamis, to 1000 or by the strategi (Lysias, Adv. Alc. ~ 5, 6; Plato,
1200 (Aeschin. de fils. Leg. p. 335, 336; Bickh, Leg. xii. 2. p. 943; K. F. Hermalln,. c. ~ 146,
Public Econ. of'At/h. book ii. c. 11).  These, how-  153; Meier and Schbmann. der Attische Process,
ever, were generally employed as a sort of police  pp. 133, 363-366).  Various rewards also were
or city guard.  Besides these, however, the Athe- held out for those who especially distinguished
nians had a troop of bowmen of their own citizens, themselves for their courage or conduct, ill the
amounting, at the beginning of the Peloponnesian  shape of chaplets, statues, &c. In connection with
war, to 1600 (Thuc. ii. 13; Bdckh, I. c. ii. c. 21).  these the Xdyos eir(TdcPIo, spoken over those who
For the command of the army, there were  had fallen in war, must not be omitted.  Respectchosen every year ten generals [STRATEGI], and  ing the provision made for those who were disten taxiarchs [TAXIARCHI], and for the cavalry, abled in war, see the article ADTJNATI.
two hipparchs (i'rrapXoi) and ten phylarchs (0q)-    The Peltastae (7refhAao-rai), so called from the
XapXom).  Respecting the military functions of the  kind of shield which they wore [PELTA], were a
bpXwv 7ro0XlAapXos, see the article ARCHON. The  kind of troops of which we hear very little before
number of strategi sent with an army was not the end of the Peloponnesian war.  The first time
uniform.  Three was a common number.  Some- we have any mention of them is in Thuc. iv. 111,
times one was invested with the supreme com- where they are spoken of as being in the army of
mnand; at other times, they either took the com- Brasidas.  With the more frequent employment
mand in turn (as at Marathon), or conducted  of mercenary troops a greater degree of attention
their operations by common consent (as in the  was bestowed upon the peltastae; and the AtheSicilian expedition).  (Xen. Hip)parch. i. ~ 8; nian general Iphicrates introduced some important
Demosth. Phil. i. ~ 26; Pollux, viii. ~ 87; Schi- improvements in the mode of arming them, commann, de Com. Atth. pp. 313-315.)                 bining as far as possible the peculiar advantages of
The practice of paying the troops when upon  heavy (6mrAXiam) and light armed (tAXoi) troops.
service was first introduced by Pericles (Ulpian. He substituted a linen corslet for the coat of mail
ad Demnosth. repl Urvdrt. p. 50, a). The pay con- worn by the hoplites, and lessened the shield, while
sisted partly of wages (,rlo6ds), partly of provi- he doubled the length of the spear and sword. He
sions, or, more commonly, provision-money (cTq7l- even took the pains to introduce for them an impErLov).  The ordinary juLrOds of a hoplite was proved sort of shoe, called after him'IcPKpaviaes
two obols a day.  The otrpieov   amounted to  (Pollux, vii. 89).  This equipment was very comtwo obols more.  Hence, the life of a soldier was monly adopted by mercenary troops, and proved
called, proverbially, evTP~d3Xov f3fos (Eustath. ad  very effective.  The almost total destruction of a
Od. p. 1405, ad II. p. 951).  Higher pay, how- mora of Lacedaemonian heavy-armed troops by a
ever, was sometimes given, as at the siege of Poti- body of peltastae under the command of Iphicrates
daea the soldiers received two drachmae apiece, was an exploit that became very famous.  (Xen.
one for themselves, the other for their attendants. Hellen. iv. 5. ~ 11.)  The peltast style of arming
This, doubtless, included  the  provision-money  was general among the  Achaeans until Philo(Thuc. iii. 17).  Officers received twice as much; poemen again introduced heavy armour.  (Plut.
horsemen, three times; generals, foair times as Philop. 9; Liv. xlii. 55.)
much (comp. Xen. A nab. vii. 6. ~ 1, 3. ~ 9). The    When the use of mercenary troops became
horsemen received pay even in time of peace, that general, Athenian citizens seldom served except as
they might always be in readiness, and also a sum  volunteers, and then in but small numlbers. Thus
of money for their outfit (tca'ao'aTaos, Xen. Hip- we find i 0,000 mercenaries sent to Olynthus with
parch. i. ~ 19; K. F. Hermann, ~ 1.52, note 19). only 400 Athenians  (Demnosth. de.ftls. Leg.
They were reviewed from time to time by the p. 425).  W;gith 15,000 mere nnries sent against
senate (Xen. Hippasch. iii. ~9, Oecon. ix. 15). Philip to Chaeroneia, there were 2000 citizens (,DeBefore entering the service, both men and horses mosth. de Cor. p. 306).  It became not uncommon
had to undergo an examination before the hip- also for those bound to serve in the cavalry to
parchs, who also had to drill and train them  in  commute their services for those of horsemen hired
tine of peace.  The horses of the heavy-armed  in their stead, and the duties of the i7r0roTpoptfa
cavalry were protected by defensive armour.       were ill executed.  The employment of merAs regards the military strength of the Athe- cenaries also led in other respects to considerable
nians, we find 10,000 heavy-armed soldiers at alterations in the mnilitary system of Greece. War
Marathon, 8,000 heavy armed, and as many light came to be studied as an art, and Greek generals,
armed at Plataeae; and at the beginning of the  rising above thie old simple rules of warfare, bePeloponnesian war there were 13,000 heavy armed  came tacticians.  The old method of arranging
re4dy for foreign service, and 16,000 consisting of the troops, a method still retained by Agesilaus
those beyond the limits of the ordinary military  at the battle of Coronea, was to draw  up the
age and of the metoeci, for garrison service.     opposing armies in two parallel lines of greater
It was the natural result of the national charac- or less depth, according to the strength  of the
ter of the Athenians and their democratical con- forces, the engagement commencing usually very
stitution, that military discipline was much less nearly at the same moment in all parts of the line.
II4




48418          EXERCITUS.,                                      EX ERCITUS.'lr;e genius of Epaiminondas introduced a complete  soldiers in the army of Alexander amounted to
revolution in the military system.  I-e was the  18,000, and were divided not into four, but into
first who adopted the method of charging in co- six divisions, each named after a Macedonian prolumn, concentrating his attack upon one point of vince, from which it was to derive its recruits.
the hostile line, so as to throw the whole into con- These bodies are oftenercalled TdCeits than pdaAa'yyes
fusion by breaking through it. For minute details by the historians, and their leaders taxiarchs or
the reader is referred to the account of the battle strategi.  The phalanx of Antiochus consisted of
of Mantineia (Xen. Hellen. vii. 5. ~ 22; comp. vi. 16,000 men, and was formed into ten divisions
4. ~ 12).  It seems from the description that the (/Afp71) of 1600 each, arranged 50 broad and 32
troops were drawn up in a form somewhat like  deep (Appian, Syi'. 32; Liv. xxxvii. 40).
a wedge.                                           In the general principles of its arrangement and
Philip, king of Macedonia, is sometimes spoken  the modes of altering its form, the Macedonian
of by Greek writers as the inventor of the phalanx. phalanx resembled the Lacedaemonian, though
It is probable enough that he was the first to the late tacticians do not always describe the
introduce that mode of organisation into the army  movements by the same technical terms as Xenoof Macedonia, and that he made several improve- phon. The Macedonian phalanx, however, altered
ments in its arms and arrangement, but the pha- its form with great difficulty. If an attack on the
lanx was certainly not invested by him.  The flanks or rear was apprehended, a separate front
spear (adcipwer-a or aciptac), with which the soldiers was formed in that direction, if possible before the
of the Macedonian phalanx were armed, was ordi- commencement of the fight.  Such a double phanarily 24 feet long; but the ordinary length was lanx, with two fronts in opposite directions, was
21 feet (Polyb. xviii. 12; Aelian. Tact. 14), and  called  5daayt &fiaeToeos.  To guard against
the lines were arranged at such distances that the  being taken in flank, the line was bent round,
spears of the fifth rank projected three feet beyond  forming. what was called the  inmlKcd/uros'rdtr.
the first, so that every man in the front rank was The cavalry or light troops were not unfrequently
protected by five spears.  The men in the ranks employed for this purpose, or to protect the real
further back rested their spears on the shoulders (comp. Arrian, Anab. ii. 9, iii. 12; Polyb. xii.
of those in front of them, inclining them upwards, 21).' Respecting the relative advantages and disin which position they, to some extent at least, advantages of the Roman legion and the phalanx,
arrested the missiles that might be hurled by the  there is an instructive passage in Polybius (xviii.
enemy.  Besides the spear they carried a short 12, and comp. xii. 19, &c.).  The phalanx, of
sword. The shield was very large and covered  course, became all but useless, if its ranks were
nearly the whole body, so that on favourable broken.  It required, therefore, level and open
ground an impenetrable front was presented to the ground, so that its operations were restricted to
enemy. The soldiers were also defended by hel- very narrow limits; and being incapable of rapid
mets, coats of mail, and greaves; so that any movement, it became almost helpless in the face of
thing like rapid movement was impossible. When  san active enemy, unless accompanied by a suffiin dense battle array (rKcvwoos or 7rvsvo'?ss), cient number of cavalry and light troops.
three feet were allowed for each man, and in this    The light-armed troops were arranged in files
position their shields touched (mvvaarairo's, Polyb. (XodXo) eight deep. Four lochi formed a 0 aerees.,
l. c.; Aelian, Tact. c. 11. gives six feet for each  and then larger divisions were successively formed,
man in the ordinary arrangement, three feet for each being the double of the one below it; the
the 7rtvcow-'s or dense battle array, and one and a largest (called E'Mray!.a), consisting of 8192 men.
half feet for the rvva~'7rou&;).  On a march six  The cavalry (according to Aelianus), were arfeet were allowed for each man. The ordinary depth  ranged in an analogous manner, the lowest division
of the phalanx was sixteen, though depths of eight or squadron (YAiX), containing 64 men, and the
and of thirty-two are also mentioned. (Polyb. 1. c. successive larger divisions being each the double
comp.. xii. 19-21.) Each file of sixteen was called  of that below it; the highest (Eirc'ay7ea) contain-;Xos-. It is difficult to say what reliance is to be ing 4096.
placed upon the subdivisions mentioned by the    Both Philip and Alexander attached great imtacticians Aelian, &c. as connected with the pha- portance to the cavalry, which, in their armies,
lanx of Philip, though they may have been usual consisted partly of Macedonians, and partly of
in later times.  According to them each higher Thessalians.  The Macedonian horsemen were the
division was the double of the one below it. Two  flower of the young nobles.  They amounted to
lochi made a dilochia; two dilochiae made a Te- about 1200 in number, forming eight squadrons,
~rpapXia, consisting of sixty-four men; two te- and, under the name'atlpot, formed a sort of
trarchies made a TrdS,s; two'rdEis a  o'eT'ray. a or body-guard for the king.  The Thessalian cavalry,evayfa, to which were attachedfive supernumeraries, consisted chiefly of the dlite of the wealthier class
a herald, an ensign, a trumpeter, a servant, and an  of the Thessalians, but included also a number of
officer to bring up the rear (obpayds); two syntag- Grecian youth from other states.  There was also
mata formed a pentacosiarchia, two of which made a guard of foot-soldiers (67ra7mrTa), whom we
a XmXtapxfa, containing 1024 men; two chi- find greatly distinguishing themselves in the camliarchies made a -red'os, and two rfksj made a pha- paigns of Alexander.  They seem to be identical
]angarchia or phalanx in the narrower sense of the  with the sre4I'atpoi, of whom we find mention.
word, the normal number of which would there- They amounted to about 3000 men, arranged in
fore be 4096.  It was commanded by a polenmarch  six battalions (a7'ers). There was also a troop
or strategus; four such bodies formed the larger called Argyraspids, from the silver with which
phalanx, the normal number of which would be their shields were ornamented. [ARGYRASPIDES.]
16,384. When drawn up, the two middle sections They seem  to have been a species of peltastae.
constituted what was termed the odcpaAuds, the Alexander also organised a kind of troops called
others being called Odpara or wings. The phalanx  BmlcdaXal, who were something intermediate be



EXERCITUS.                                        EXERCITUS.                  489
tween cavalry and infantry, being designed to fight minute  practical exposition of the preliminary
on horseback or on foot, as circumstances required. exercises by  which the Roman  cavalry were
It is in the time of Alexander the Great, that trained; to Arrian, likewise, we are indebted for
we first meet with artillery in the train of a a very interesting fragment entitled eK-asi tcay'
Grecian army.  His balistee and catapeltae were'AacvCuv, supposed to be a portion of his lost
frequently employed with great effect, as, for in- history, which bore the name'AAoVLKUd, consiststance, at the passage of the Jaxartes (Arrian. iv. cng of instructions for the order of march to be
4. ~ 7).  After the invasion of Asia also ele- adopted by the force despatched against the Scyphants began to be employed in connection with  thians, and for the precautions to be observed in
Grecian armies. (Miiller, Dorians, book iii. c. 12; marshalling the line of battle.  This piece taken
Wachsmuth, Hellenisckie Altertlumskunde, book vi.; ill connection with the essay of Hygiez2ns, of which
K. F. Hermann, Griech. Staatsalterth. ~ 29, 30, we have spoken rluder CASTRA, Will assist us
152; Haase in Ersch and Gruber's Encyclop. materially when we seek to form  a distinct idea
art. Phlalanx; Heeren's Reflections, &c. Ancient of the constitution of a Roman army in the early
Greece, c. xii.; BiJckh's Pub6lic Economy of.Athens, part of the second century.  It remains for us to
c. xxi. xxii.)                     [C. P. M.]    notice the Latin "Scriptores de Re Militari,"
2. ROMAN.  In the present article we shall F-rontinus, lModestls, and Vegetius.  The Stryateattempt to present a view of the constitution of a gematic(a of the first, who lived under Vespasian,
Roman army at several remarkable epochs, and to  is merely a collection of anecdotes compiled withpoint out in what respect the usages of one age  out much care or nice discrimination, and presents
differed most conspicuously from those of another, very little that is available for our present purpose;
abstaining most carefully from those general state- the Libellus de Vocabulis Rei ilIilitaris of the
ments which in many works upon antiquities are  second, addressed to the emperor Tacitus, affords a
enunciated broadly, without reference to any spe- considerable number of technical terms, but is in
cified time, as if they were applicable alike to the  such a confused state, and so loaded with interpolareign of Tarquin and to the reign of Valentinian, tions, that we can employ it with little confidence;
including the whole intermediate space within  the Rei 1M1ilitfaris Instituta of the third, deditheir wide sweep.                                 cated to the younger Valentinian, is a formnal treatise
Our authorities will enable us to form a con- drawn up in an age when the ancient discipline of
ception, more or less complete, of the organisation  Rome was no longer known, or had, at least, fallen
of a Roman army at five periods: -                into desuetude; but the materials, we are assured
1. At the establishment of the comitia centuriata  by the author himself, were derived from sources
by Servius.                                       the most pure, such as Cato the Censor, Cornelius
2. About a century and a half after the expul- Celsus, and the official regulations of the earlier
sion of the kings.                                emperors.  Misled by these specious professions,
3. During the wars of the younger Scipio, when  and by the regularity displayed in the distribution
the discipline of the troops was, perhaps, more  of the different sections, many scholars have been
perfect than at any previous or subsequent era; and  induced to adopt the statements here embodied
here, fortunately, our information is most complete. without hesitation, without even asking to what
4. In the times of Marius, Sulla, and Julius  period they applied.  But when the book is subCaesar.                                          jected to critical scrutiny, it will be found to be
5. A hundred and fifty years later, when the  full of inconsistencies and contradictions, to mix
empire had reached its culminating point under up into one confused and heterogeneous mass the
Trajan and Hadrian.                               systems pursued at epochs the most remote from
Beyond this, we shall not seek to advance. each other, and to exhibit a state of things which
After the death of M. Aurelius, we discern nought never did and never could have existed.  Hence,
save disorder, decay, and disgrace; while an in- if we are to make any use at all of this farrago,
quiry into the complicated arrangements introduced  we must proceed with the utmost caution, and
when every department in the state was remodel- ought to accept the novelties which it offers, merely
led by Diocletian and Constantine, would de- in illustration or confirmation of the testimony of
mand lengthened and tedious investigation, and  others, without ever permitting them  to weigh
would prove of little or no service to the classical against more trustworthy witnesses.
student.                                            But while the number of direct authorities is
Autlhorities.  The number of ancient writers very limited, much knowledge may be obtained
now extant, who treat professedly of the military  through a multitude of indirect channels.  Not
affairs of the Romans, is not great, and their works only do the narratives of the historians of Roman
are, with one or two exceptions, of little value. affairs abound in details relating to military operaIncomparably the most important is Polybius, tions, but there is scarcely a Latin writer upon
who in a fragment preserved from his sixth book, any topic, whether in prose or verse, whose pages
presents us with a sketch of a Roman army at are not filled with allusions to the science of war.
the time when its character stood highest, and its The writings of the jurists also, inscriptions,
discipline was most perfect.  This, so far as it medals, and monuments of art communicate much
reaches, yields the best information we could desire. that is curious and important; but even after we
The tract irepI o'-paT'7ImiCP TSEWv o'EkAX7vsucv have brought together and classified all these
of Aelianus who flourished under Nerva, belongs, scattered notices, we shall have to regret that
as the title implies, to Greek tactics, but con- there are many things left in total darkness, and
tains also a brief, imperfect, and indistinct ac- manynupon which the assertions of different wricount of a Roman army.  The reXv7 7aIcTLIC of ters cannot by any dexterity be reconciled in a
Arrian, governor of Cappadocia under Hadrian, satisfactory manner.  We shall endeavour to exis occupied in a great measure with the ma- pound in each case those views which are supnoeuvres of the phalanx, to which is subjoined a  ported by the greatest amount of credible evidence,




490              EXERCITUS.                                        EXERCITUS.
without attempting to discuss the various poiits translated by battalion, division, detachlment, nor
upon which controversies have arisen.             any other term  in ordinary use among modern
Among the writings of modern scholars we  tacticians.  Ancient etymologists agree in deriving
ought to notice specially the dialogues "Doe Mi- leyio from  legere to choose (Varr. L. L. v. ~ 87,
litia Romana" by the learned and indefatigable  vi. ~ 66. ed. MUller; Plut. Roma. 13; Non. MarLipsius, in which the text of Polybius (vi. 19, cell. i. s. v. legionnzn; Modest. de IVocabl. R. II.;
42), and a chapter in Livy (viii. 8) serve as a Isidor. Osig. ix. 3. ~ 46), and the name endured
foundation for a great superstructure of illustration  as long as the thing itself.  Le Beau and others
and supplementary matter; nor must we forget the  are mistaken when they assert that in Tacitus, and
" Poliorcetica" of the same author, which may be the writers who followed him, the word nusneri is
regarded as a continuation of the preceding.  The  frequently substituted for legio, for it will be seen
posthumous dissertation of Sabzasius " De Re mi- from  the passages to which we give references
litari Romanorum," which displays the deep read- below, that umzneri is used to denote either the
ing, mixed up with not a little of the rashness, of different corps of which a legion was composed, or
that celebrated critic, is well worthy of perusal, a corps generally, without any allusion to the
and will be found in the " Corpus Antiquitatum  legion (Tac. list. i. 6, 87. Agric. 18, comp. Ann.
Romanarum" of Graevius, vol. x. p. 1284.  The  ii. 80, Hist. ii. 69; Plin. Ep. iii. 8, x. 38; Vopise.
sanme volume includes the admirable commentary  Prob. 14; Ulpian. in Dig. 3. tit. 3. s. 8. ~ 2; 29.
of Schelius on Hyginus, his notes on Polybius, tit. 1. s. 43, &c. &c.  See below the remarks on
together with essays on various topics connected  the Colors).
with Roman warfare by Boeclerus, Robertellus,    In the Scriptures of the New Testament, in
Es'ycius Puteanus, M. A. Causeus (De la Chausse), Plutarch (e. g. Romz. 13, 20), and elsewhere, we
Pet-zrus Ranzzs, &c.  A  most elaborate series of meet with the Grecized word Xsye'v, but the
papers by M. Le Beau is printed in the twenty- Greek writers upon Roman affairs for the most
fifth anId several succeeding volumes of the " Me- part employ some term  borrowed from their own
moires de I'Acaddmiie des Inscriptions et Belles literature as an equivalent; and since each conLettres;" and although we are far from acquiescing  sidered himself at liberty to select that which lie
in all the conclusions at which he arrives, it is im- deemed most appropriate or which suggested itself
possible to deny that in so far as facts are con- at the moment, without reference to the practice
cerned, he has almost exhausted every topic on  of those who had gone before him, and without
which he has entered, and we cannot but lament endeavouring  to preserve uniformity even within
that he should not have completed the design  the bounds of his own writings, we not only find a
which  he originally sketched  out.  We may  considerable variety of words used indiscriminately
consult with profit Folard's " Commentaire," at- as representatives of Legio. but we find the same
tached to the French translation of Polybius, by  author using different words in different passages,
the Benedictine Vincent Thuillier, 6 tom. 4to, and, what is still more perplexing, the samne word
Amst. 1729; Guisclsarcl, " Mmoires Militaires which is used by one author for the legion as a
sur les Grecs et les Romains," 2 tom. 4to, La  whole is used by others to indicate some one or
Haye, 1757, and " Mdmoires Critiques et His- other of the subdivisions.  The terms which we
toriques sur Plusieurs Ponts et Antiquites Mili- meet with most commonly are, OrTpao'7-rel3o, padtaires," 4 tom. 4to, Berlin  et Paris, 1775; Aay5, Tdy/la, TrEXoc, less frequently o-rpairevulc and
Vaudoncourt, "I Histoire des Carnpagnes d'Han- r7Xos.  Polybius in those chapters which are denibal en Italie," 3 tom. 4to, Paris, 1812; Roy, voted exclusively to a description of the legion
" Military Antiquities of the Romans in Britain,"  uniformly designates it by'i-par'jrer ov, which he
fol. Lond. 1793; Nast, " Rhimische Kriegsalter-  sometimes applies to an army in general (e. g. ii.
thiimer," 8vo, Halle, 1782; Liilr,;  " Ueber die  73, 86), while by others it is usually employed
Tactik und das Kriegswesen der Griechen und  to denote a camp (castra).  Again Polybius gives
Rimer," 8vo. Kempt. 1825; Lener, " De Re- a choice of three names for the maniple, o-'ltla,
publica Romana sive ex Polybii Megalop. sexta  o7reipa, and -rcie/a,'but of these the first is for the
Historia Excerpta," 8vo. Salzb. 1823.             most part introduced by others as the translation of
the Latin vexilullm, the second almost uniformly as
General Remnaslrs on the Legion.         equivalent to cohors, and the third, although of wide
The name Legio is coeval with the foundation  acceptation, is constantly the representative of legio.
of Rome, and always denoted a body of troops, Dionysius uses sometimes, especially in the earlier
which, although subdivided into several smaller books of his history,  dXaaya (e. g. v. 67), somebodies, was regarded as forming an organised  times TciayIaar (e. g. vi. 45, ix. 10, 13), or er-pawhole. It cannot be held to.have been equivalent riteriKa TadTxaTra (vi. 42), and his example is folto what we call a regiment, inasmuch as it con- lowed by Josephus (B. J. iii. 5. ~ 5; 6. ~ 2);
tained troops of all arms, infantry, cavalry, and, Appian adopts re'Aos (e. g. Annib. 8, B. C. ii. 76,
when military engines were extensively employed, 79, 96, iii. 45, 83, 92, iv. 1 15); Plutarch within
artillery also; it might thus, so far, be regarded as the compass of a single sentence (M. Anton. 18)
a complete asirmy, but on the other hand the num-  has both  yg/ara and TrX'; Dion Cassius, when
ber of soldiers in a legion was fixed within certain  speaking of the legions in contradistinction to the
limits, never much exceeding 6000, and hence  household troops, calls them  in one passage ra
when war was carried on upon a large scale, a  7roTlKarO& Orpasore3a  (xxxviii. 47), in another
single army, under the command of one general, TreiXS1  e tc ie scaaoXd'youv opaTEVoce/sx'w, (lv. 24),
frequently contained two, three, or more legions, and where no particular emphasis is required, we
besides a large number of auxiliaries of various  find  r'iEpdrevmUa (ob Isca'os o`rpareUvpa, xxxviii.
denominations.  In like manner the legion being  47, xl. 65), TeXOS (ToO.'esa'p-on TroO:KVUOtcO
complete within itself, and not directly or neces-  rEtXoVS, lxxix. 7), oTpa'r47re3ov (xxxviii. 46, xl.
sarily connected with any other corps, cannot be  65, 66), and r'ppaT'7r6reov ieK caaXr&you (xl. 27




EXERCITUS.                                        EXERCITUS.                  491
comp. xl. 18), whence the legionaries are styled  distinct idea of the changes gradually introduced
oi EK ToV KcaTaXd-you V'rpaTeuoVUeVol (lv. 24, lii. 22, into the Roman military system.  The Roman
lix. 2), or simply Ka'TaXeydC6zeo'     (liv. 25).  armies for a long period consisted entirely of what
Neither Livy nor Dionysius notice the first es- we might term militia.  Every citizen was, to a
tablishment of the legion, but they both take for certain extent, trained to arms during a fixed
granted that it existed from the very foundation of'period of his life; he was, at all times, liable to
the city, while Varro (L. L. v. ~ 89) and Plutarch  be called upon to serve; but the legion in which
(Rom. 13) expressly ascribe the institution to  he was enlrolled was disbanded as soon as the
Romulus.  The latter speaks of the band led by  special service for which it had been levied, was
Romulus against Amulius as being divided into  performed.; and although these calls were frequent
centuries (8bdsyaluv ouvXEAoXLoX-,sVv ei's Eareo- in the early ages of.the kingdom and the commonrd'as), giving at the same time the origin of the  wealth, when the enemies of the republic were
term maniple, and the former states that Romulus, almost at the gates, yet a few months, or more
to establish his legion, took 1000 men from each frequently, a few weeks or even days, sufficed to
tribe.                                            decide the fortunes of the campaign.  The Roman
Constitution ofthe Legion.  The legion for many  annalists assure us that a Roman army had never
centuries was composed exclusively of Roman  wintered in the field, until more than three cencitizens.  By the ordinances of Servius Tullius turies after the foundation of the city, when the
those alone who were enrolled in the five classes blockade of Veii required the constant presence of
were eligible, and one of the greatest changes in- the besiegers.  As the scene of action became
troduced by Marius was the admission of all by degrees farther removed from  Latium, when
orders of citizens, including the lowest, into the southern Italy and Sicily were now the seat of
ranks. (Sall. Jug. 86; Plut. Mar. 9; Flor. iii. 1; war-when the existence of Rome was menaced
Gell. xvi. 10.)  Up to the year B. c. 107 no one by the Carthaginian invasions when her armies
was permitted to serve among the regular troops of were opposed to such leaders as Pyrrhus, Hamilcar,
the state except those who were regarded as pos- and Hannibal- it was, of course, impossible to
sessing a strong personal interest in the stability of leave the foe for a moment unwatched; and the
the commonwealth, but the principle having been  exigencies of the state rendered it necessary that
at this period abandoned, the privilege was ex- the same legions and the same soldiers should
tended after the close of the Social War (B. c. 87) remain in activity for several years in succession.'to nearly the whole of the free population of Italy, This protracted service became inevitable as the
and by the famous edict of Caracalla (or perhaps dominion of Rome extended over Greece and Asia,
of M. Aurelius), to the whole Roman world. Long  when the distances rendered frequent relief imbefore this, however, the legions were raised chiefly  practicable; but down to the very termination of
in the provinces, and hence are ranked by I-yginus the republic, the ancient principle was recognised,
among the provincialis militia (legioncs quoniam  that when a campaign was concluded, the soldier
sunZ militiae provincialis fidelissimna).  Even under was entitled to return home and to resume the
Augustus, the youth of Latium, Umbria, Etruria, occupation of a. peaceful citizen.  It was a conand the ancient colonies, served chiefly in the viction that their leader had broken faith with
household troops (Tac. Ann. iv. 5), who for this them by commencing a new war against Tigranes,
reason are complimented by Otho as Italie alumnti after the defeat of Mithridates, their proper and
et vere Romana juzventus (Tac. Hist. i. 84).  But legitimate opponent, which induced the troops of
although the legions contained comparatively few  Lucullus to mutiny, and compelled their leader to
native Italians, it does not appear that the admis- abandon his Armenian conquests.  Hence, for upsion of foreigners not subjects was ever practised  wards of seven centuries, there was no such thing
upon a large scale until the reign of:the second as the military profession, and no man considered
Claudius (A. D. 268-270), who incorporated a himself as a soldier in contradistinction to other
large body of vanquished Goths, and of Probus callings.   Every individual knew  that he was
(A. D. 276-282), who distributed 16,000 Germans bound as a member of the body politic to perform
among legionary and frontier battalions (numeris et certain duties; but these duties were performed
-limitaneis militibus, Vopisc. Prob. 14.).  From this without distinction by all -at least by all whose
time forward what had originally been the leading  stake in the prosperity of their country was concharacteristic of the legion was rapidly obliterated, sidered sufficient to insure their zeal in defending
so that under Diocletian, Constantine, and their it; and each man, when his share of this obligation
successors, the best soldiers in the Roman armies was discharged, returned to take his place in
were barbarians.  The name Legion was still re- society, and to pursue his ordinary avocations.
tained in the fifth century, since it appears in an  The admission of the Capite Censi into the ranks,
edict addressed by the emperors Arcadius and persons who, probably, found their condition as
Honorius to the prefect Romulianus (Cod. Justin. soldiers much superior to their position as civilians,
12. tit. 36. s. 13) and also in the tract known as and who could now cherish hopes of amassing
the Notitia Dignitatusn Imperii (c. 59).  It pro- wealth by plunder, or of rising to honour as officers,
bably did not fall into total disuse until the epoch  tended to create a numerous class disposed to deof Justinian's sway; but in the numerous ordi- vote themselves permanently to a military life as
nances of that prince with regard to military affairs the only source from  whence they could secure
nothing bears in any way upon the constitution of comfort and  distinction.    The long-continued
the legion, not does the name occur in legal docu- operations of Caesar in Gaul, and the necessity
ments subsequent to the above-mentioned edict of imposed upon Pompeius of keeping up a large
Arcadius and Honorius.                            force as a check on his dreaded rival, contributed
There is yet another circumstance connected  strongly to nourish this feeling, which  was, at
with the social position of the soldier to which it length, fully developed and confirmed by the civil
is very necessary to advert, if we desire to form a broils which lasted for twenty years, and by the




492            EXERCITUS.                                        EXERCITUS.
practice first introduced upon a large scale, after corps, which were moreover distinguished by various
the Mithridatic wars, of granting pensions for long  epithets of which we have early examples in the
service in the shape of donations of land.  Hence, Legio Mllartia (Cic. Philip. v. 2; Vell. Pat. ii. 61;
when Augustus in compliance, as we are told by  LDion Cass. xlv. 13; Appian, B. C. iv. 115), and the
Dion Cassius (lii. 27), with the advice of Maecenas, Legio Qlinta Alauda.  [ALAUDA.]
determined to provide for the security of the    Dion Cassius, who flourished under Alexander
distant provinces, and for tranquil submission at Severus, tells us (lv. 23) that the military estabhome by the establishment of a powerful standing  lishment of Augustus consisted of twenty-three or
army, he found the public mind in a great degree twenty-five legions (we know from Tac. Ann. iv. 5,
prepared for such a measure, and the distinction  that twenty-five was the real number), of which
between soldier and civilian unknown, or at least nineteen still existed when he wrote, the rest haynot recognised before,.became from this time for- ing been destroyed, dispersed, or incorporated by
ward as broadly marked as in the most pure mili- i Auoustus or his successors in other legions. Ile
tary despotisms of ancient or modern times.  Iss gives the names of nineteen, and the localities
this place, we are required simply to call attention  where they were stationed in his own day, adding
to the fact - it belongs to the philosophic historian  the designations of those which had been raised by
to trace the results.                           subsequent emperors. This list has been considerTlze numbering of thle legions and their titles. ably enlarged from inscriptions and other authoThe legions were originally numbered according to rities, which supply also several additional titles.
the order in which they were raised.  Thus in the  We give the catalogue as it stands in the pages of
early part of the second Punic war, we hear of the the historian, and refer those who desire more
fourth legion (so  TeTaproYy 0-TpeaT'rebos,), being  complete information to the collections of Roman
hard pressed by the Boii (Polyb. iii. 40); the  Inscriptions by Gruter and Orelli, to the fifth book
tenth legion plays a conspicuous part in the history  of the Comnent. Reip. Rom. of Wolfgang Lazius,
of Caesar as his favourite corps  (Dion Cass. fol. Francf. 1598, and to Eckhel, Doctrina Vumnm.
xxxviii. 17), and the cabinets of numismatologists  Vet. vol. vi. p. 50, vol. viii. p. 488.  In the followpresent us with an assemblage of denarii struck by  ing table an asterisk is subjoined to the nineteen
M. Antonius in honour of the legions which he  legions of Augustus, to the remainder the name of
commanded, exhibiting a regular series of numbers the prince by whom they were first levied; the
from 1 up to 30, with only four blanks (25, 27, epithets included within brackets are not given
28, 29).  As the legions became permanent, the  by Dion, but have been derived from  various
same numbers remained attached to the same sources -
List of the Legions in the Rezlqn of Alexander Seve-rus.
Number of the          Title.         By whom raised.      Where stationed in the age of
Legion.                                                         Dion Cassius.
Prima              Italica             Nero               Hiberna in Mysia Inferiore.
Adjutrix           Galba               Pannonia Inferior.
Minervia           Domitianus          Germania Inferior.
Parthica           Sept. Severus       Mesopotamia.
Secunda            Augusta  Hiberna in Britannia Superiore.
Adjutrix           Vespasianus         Pannonia Inferior.
_.Egyptia Trajana   Trajanus           (Egypt?)
Italica            M. Antoninus        Noricum.
Media (Partbica)   Sept. Severus       Italia.
Tertia             Augusta   Numidia.
~ -              Gallica                    *           Phoenicia.
Cyrenaica                  *           Arabia.
Italica            M. Antoninus        Rhaetia.
Parthica           Sept. Severus       Mesopotamia.
Quarta             Scythica                   *           Syria
— _                Flavia (Felix)     Vespasianus        Syria.
Quinta             Macedonica                 *           Dacia.
Sexta              Victrix                                Britannia Inferior.
-             Ferrata                     *          Judaea.
Septima  Claudia                                          Mysia Superior.
(Gemina)           Galba               Hispania.
Octava             Augusta                                Germania Superior.
Decinla            Gemina                     *           Pannonia Superior.
(Fretensis)                *          Judaea.
Undecima           Claudia                    *           IMysia Inferior.
Duodecima          Fulminatrix'          Cappadocia.
Decima Tertia      Gemina                     *           Dacia.
Decima Quarta       Gemina                     *           Pannonia Superior.
Decima Quinta      Apollinaris                *           Cappadocia.
Vigesima           Valeria Victrix            *           Britannia Superior.'_____.__  *  Hiberna in Germania.
Trigesima          Ulpia (Victrix)     Trajanus           (Germania?).
t    ___    —.                       --




EXERPCITUS.                                      EXERCITUS.                 493
On this we mae remark -                         Tle number ofJbot soldiers in a Roman legion.1. That several legions bore the same number: Although we can determine with tolerable certainty
thus there were four.Fists, five Seconds, and five the number of soldiers who, at different periods,
Thirds.                                         mere contained in a legion, we must bear in mind
2. The titles. were derived from various circum- that at no epoch does this number appear to have
stances; some indicated the deity under whose been absolutely fixed, but to have varied within mo -
patronage the legions were placed, such as Mklinervia  derate limits, especially when troops were required
and Apollinaris; some the country in which they  for some special or extraordinary service.  The
had been levied or recruited, as Italica, 3lMace- permanent changes may be referred to four epochs.
donica, Gallica; or the scene of their most bril-   1. Under the Kings.-Varro (L. L. v. ~ 89) and
liant achievements, as Parthlice, Scythlica; some the  Plutarch (Rom. 1 3), both of whom describe the
emperor under whom they had served or by whom  first establishment of the legion, agree that under
they had been created, as A nunsta, F clavia, Ulpian; Romulus it contained 3000 foot soldiers.  The
some a special service, as Claudiana Pia Felix, words of Plutarch indeed, in a subsequent passage
applied to the 7th and 11th, which had remained  (Romt. 20), would, at first sight, appear to imply
trne to their allegiance during the rebellion of that after the junction with the Sabines the numCamillus, praefect of Dalmatia, in the reign of her was raised to 6000; but he must be understood
Claudius (Dion Cass. lx. 15); some, the fact that to mean two legions, one from each nation.  It is
another legion had been incorporated with them; highly probable that some change may have been
at least, this is the explanation given by Dion  introduced by Servius Tullius, but, in so far as
Cassius of the epithet Gemins (Ati8vua), and there numbers are concerned, we have no evidence.
seems little doubt that he is correct.  (See Eckhel,   2. Frome the eapdulsion of the Kinys until the second
vol. iv. p. 472.)                               year of the second Punic War. - The regular num3. The same legions appear in certain cases to bher during this space of time may be fixed at 4000
have been quartered in the same districts for cen- or 4200 infantry.  According to Dionysius (vi. 42)
turies.  Thus the Secunda Augusta, the Sexta Vie- M. Valerius, the brother of Publicola, raised two
trix, and the Vicesimsa Victrix, which were stationed  legions (B. c. 492), each consisting of 4000, and
in Britain when Dion drew up his statement, were  Livy, in the first passage, where he specifies the
there in the age of the Antonines, as we learn from  numbers in the legions (vi. 22, B. c. 378), reckons
Ptolemy (ii. 31), and the first of them as early as them at 4000, and a few years afterwards (vii. 25,
the reign of Claudius.  (Tac. Hist. iii. 22, 24.)    B. C. 346) he tells us that legions were raised
4. The six legions of Augustus which had dis- each containing 4200 foot soldiers, and 300 horse.
appeared when Dion wrote, were probably the fol- The legion which possessed itself of Rhegium
lowing, whose existence in the early years of the  (B. c. 281-271) is described (Liv. xxviii. 28) as
empire can be demonstrated: Prima Germanica; having consisted of 4000, and we find the same
Quarts Alacedonica; Quinta Alauda; Nona His- number in the first year of the second Punic War
pansa; Decisna Sexta Gallica; Vigesimra Prinma (Liv. xxi. 17, B. c. 218). Polybius, in like manner
Rapax; besides these, it would seem that there (i. 16), fixes the number at 4000 in the second
was a second fifteenth and a twenty-second, both year of the first Punic War (B. c. 263), and again
named Primigenia, and one of these ought, perhaps, in the first year of the second Punic W'ar (iii. 72,
to be substituted for the second twentieth in the B. C. 218).  In the war against Veii, however,
above table, since the words of Dion with regard to when the Romans put forth all their energies, acthe latter are very obscure and apparently corrupt. cording to Dionysius (ix. 13), an army was raised
5. We find notices also of a Prima Macriana of 20,000 infantry and 1200 cavalry, divided into
Liberatrix raised in Africa, after the death of Nero, four legions; and, according to Polybius (ii. 24),
by Clodius Macer; of a Decima Sexta Flavia Firma in the war against the Gauls, which preceded the
raised by Vespasian; and of a Vigesimza Secunda second Punic War, the legions of the consuls conDeiotariana, apparently originally a foreign corps, sisted of 5200 infantry, while those serving in
raised by Deiotarus, which, eventually, like the Sicily and Tarentum contained 4200 only, a proof
Alacda of Caesar, was admitted to the name and  that the latter was the ordinary number.
privileges of a Roman legion.                     3. From the second year of' the second Punie
6. It will be seen that the numbers XVII., War until the consulship of' larius. -During
XVIII., XIX. are altogether wanting in the above this interval the ordinary number may be fixed
lists.  We know that the XVIII. and XIX. were at from  5000 to 5200.  Polybius, indeed, in
two of the legions commanded by Varus, and  his treatise on Roman warfare, lays it down
hence it is probable that the XVII. was the third  (vi. 20) that the legion consists of 4200 foot solin that ill-fated host.                         diers, and in cases of peculiar danger of 5000.
7. The total number of legions under Augustus However, the whole of the space we are now colnwas twenty-five, under Alexander Severus thirty- sidering, was in fact a period of extraordinary
two, but during the civil wars the number was far exertion, and hence from the year B. c. 216, we
greater.  Thus, when the second triumvirate was shall scarcely find the number stated under 5000
formed the forces of the confederates were calcu- (e. g. Polyb. iii. 107, Liv. xxii. 36, xxvi. 28,
lated at forty-three legions,' which, after the battle xxxix. 38), and after the commencement of the
of Philippi, had dwindled down to twenty-eight Ligurian war it seems to have been raised to
(Appian, B. C. v. 6); but a few years afterwards, 5200 (Liv. xl. 1, 18, 36, xli. 9, but in xli. 21 it is
when war between Octavianus and M. Antonius again 5000).  The two legions which passed over
was imminent, the former alone had upwards of into Africa under Scipio (B. c. 204) contained each
forty legions, and his adversaries nearly the same. 6200 (Liv. xxix. 24), those which served against
(Appian, B. C(. v..53.)  In order that we may be Antiochus 5400 (Liv. xxxvii. 39), those employed
able to form some idea of the magnitude of these in the last Macedonian war 6000 (Liv. xlii. 31, xliv.
and other annies, we must next consider         21, comp. xliii. 12), but these were special cases.




494             EXERCITUS.                                         EXERCITUS.
4. From the first consulship of Mlalrius (B. C. events of the first Punic War, he in one place
107) until the extinction of the legion. -For some  (i. 16) makes the legions to consist of 4000 incenturies after Marius the numbers varied from  fantry and 300 cavalry; and in the passage re5000 to 6200, generally approaching to the higher. ferred  to  above (ii. 24) the  consular legions
limit.  Festus (s. v. sex millium et ducentorum) amounted to 5200 infantry and 300 cavalry, but
expressly declares that C. Marius raised the num- both of these were pressing emergencies.  The
bers from  4000 to 6200, but his system  in this statements, therefore, of Polybius upon this point
respect was not immediately adopted, for in the  are directly at variance with those of Dionysius
army which Sulla led against Rome to destroy  and Livy, and it does not seem possible to rehis rival, the six complete legions (t  rad'y1para  concile the discrepancy.  There are two passages
viessa) amounted to 30,000 men (Plut. Sull. 9, in the last-named historian which might appear to
Mar. 35, but the text in the latter passage is bear out the Greek (Liv. xxii. 36, xlii. 31), but
doubtful).  In the war against Mitbridates again, in the first he is evidently alluding to the asser..
the 30,000 men of Lucullus formed five legions tions of Polybius, and in the second the best edit(Appian. Mithr. 72).  Comparing Plutarch (Cic. ors agree in considering the text corrupt, and that we
36) with Cicero (ad Att. v. 15), we conclude should substitute duceni pedites for duceni equites.
that the two legions -commanded by the latter    When troops were raised for a service which rein Cilicia contained each 6000.  Caesar never quired special arrangements, the number of horsespecifies in his Commentaries the number of men  men was sometimes increased beyond 300.  Thus
in his legions, but we infer that the 13th did  the legion despatched to Sardinia in B. c. 215 (Liv.
not contain more than 5000 (B. C. i. 7), while xxiii. 34) consisted of 5000 infantry and 400
the two mentioned in the fifth book of the Gallic  cavalry, the same number of horsemen was atwar (c. 48, 49) were evidently incomplete.  In  tached to a legion sent to Spain in B. c. 180 under
Appian, M. Antonius is represented as calcu- Tiberius Sempronius (Liv. xl. 36), and in B. C.
lating the amount of 28 legionus at upwards of 169 it was resolved that the legions in Spain should
1.70,000 men, that is nearly 6100 to each legion, consist of 5000 infantry and 330 cavalry (Liv.
but he seems to include auxiliaries (ve aozPTrao- xliii. 112), but in the war against Perseus when
bo-oguCrWv).  During the first century the standard  the infantry of the legions was raised to 6000 the
force was certainly 6000, although subject to con- cavalry retained the ancient number of 300. (Liv.
stant variations according to circumstances, and  xlii. 31.)  It must be observed that these remarks
the caprice of the reigning prince.  The legion of with regard to the cavalry apply only to the period
Hadrian, if we can trust Hyginus, was 5280, of before Marius; about that epoch the system  apAlexander Severus 5000 (Lamprid. Sev. 50), that pears to have undergone a very material change,
described by Vegetius (ii. 6), to whatever period  which will be adverted to in the proper place.
it may belong, 6100, and most of the grammarians    We now proceed to consider the organisation of
agree upon 6000 (e. g. Serv. ad Virg. Aen. vii. the legion at the five periods named above.
274; Isidor. Orig. ix. 3. ~ 46; Suidas, s. v.    First Period.  Servius Tullius.-The legion of
AshyecS, but Hesychius gives 6666).  The Jovi- Servius is so closely connected with the Comitia
ans and Herculeans of Diocletian and Mlaxinmian  Centuriata that it has already been discussed in a
formed each a corps of 6000 (Veget. i. 17), but former article [COMITIA], and it is only necessary
beyond this we have no clue to guide us.  If we to repeat here that it was a phalanx equipped in
believe the T-y?/uara of Zosimus and the aprtOloi the Greek fashion, the front ranks being furnished
of Sozomen to designate the legions of Honorius, with a complete suit of armour, their weapons
they must at that epoch have been reduced to'a being long spears, and their chief defence the round
number varying from 1200 to 700.                  Argolic shield (clipeus).
Number of Cavalry attached to tlhe Legion.-       Second Period.   Tlze Great Latin War, B.c.According to Varro and the other authorities who  340. —Our sole authority is a single chapter in
describe the original constitution of the legion, it Livy (viii. 8), but it "is equalled by few others in
consisted of 3000 infantry and 300 cavalry.  The  compressed richness of information," and is in itnumber of foot soldiers was, as we have seen  self sufficiently intelligible, although tortured and
above, gradually increased until it amounted to  elaborately corrupted by Lipsius and others, who
6000, but the number of horsemen remained al- were determined to force it into harmony with the
ways the same, except upon particular occasions. words of Polybius, which represent, it is true, most
In those passages of Livy and Dionysius, where  accurately the state of a Roman army, but of a
the numbers of the legion are specified, we find  Roman army as it existed two centuries afterwards.
uniformly, amid all the variations with regard to  According to the plain and obvious sense of the
the infantry, 300 horsemen set down as the regular passage in question, the legion in the year B. C.
complement (justus equitatus) of the legion.      340 had thrown aside the arms and almost enPolybius, however, is at variance with these au- tirely discarded the tactics of the phalanx. It was
thorities, for although in his chapter upon Roman  now drawn up in three, or perhaps we ought to say,
warfare (vi. 20) he gives 300 as the number, yet in five lines.  The soldiers of the first line, called
when he is detailing (iii. 107) the military pre- Hastati, consisted of youths in the first bloom of
parations of the year B. C. 216, after having re- manhood (floresjuvenumpuubescent tium in militiam)
marked that each legion contained 5000 infantry, distributed into fifteen companies or maniples (nzahe adds, that under ordinary circumstances it con- nipuli), a moderate space being left between each.
tained 4000 infantry and 200 cavalry, but that The maniple contained sixty privates, two centuupon pressing emergencies it was increased to rions (centuriones), and a standard bearer(vexilla5000 infantry and 300 cavalry, and this repre- riss); two thirds were heavily armed and bore
sentation is confirmed by his review of the Roman  the scutuan or large oblong shield, the remainder
forces at the time of the war against the Cisalpine  carried only a spear (hasta) and light javelins
Gauls (ii. 24). It is true that when narrating the  (gacsa).  The second line, the Principes, was coin



EXERCITUS.                                      EXERCITUS.                 4951
posed of men in the full vigour of life, divided in  triple, containing 3 manipuli, 180 privates, 6 cenlike manner into fifteen maniples, all heavily armed  turions, and 3 vexillarii.  In these triple manipuli
(scutati omnnes), and distinguished by the splendour the veterans or triarii proper formed the front
of their equipments (insignibus maxime armis). The ranks; immediately behind them stood the Rorarii,
two lines of the Hastati andPrincipes taken together inferior in age and prowess (mninus roboris aetate
amounted to thirty maniples and formed the Ante- factisque), while the Accensi or supernumeraries,
pilani.  The third line, the Triarii, composed of less trustworthy than either (minimce fiduciae
tried veterans (veteranu militem spectatae virtutis), manure), were posted in the extreme rear.  The
was also in fifteen divisions, but each of these was battle array may be thus represented.
}~-1                           - l    |  l   l    l         t  of Hastati.
I    _ _l      _ii       I          I    I      I    I!       15 Manipuli
of Principes.
Triarii proper    i                                                   I       i
15 triple
Rorarii..I        I    [        |      L            |  I    I              J      lanipuli orf
Accensi.                                                                         Triarii.
The fight was commenced by the Rorarii, so    In deference to a great name, we ought not to
called because the light missiles  which  they  omit mentioning that Niebuhr (Hist. of Rone,
sprinkled among the foe were like the drops which  vol. iii. p. 97), while he admits that the text of
are the forerunners of the thunder shower (Festus  Livy is sound and consistent with itself, argues,
s. v. Rorarios nmilites), who, running forward be- we venture to think, somewhat unreasonably, that
tween the ranks of the antepilani, acted as tirail- he did not understand his excellent materials, and
leurs; when they were driven in they returned to  although clear at first, became eventually completely
their station behind the triarii, and the battle  bewildered and wrote nonsense.
began in earnest by the onset of the hastati; if    Third Period.  Polybiss. - Polybius describes
they were unable to make any impression they re- minutely the method pursued in raising the four
tired between the ranks of the principes, who now  legions, which under ordinary circumstances were
advanced and bore the brunt of the combat, sup- levied yearly, two being assigned to each consul.
ported by the hastati, who had rallied in their rear. It must be observed that a regular consular arIny
If the principes also failed to make an impression, (justus consularis exercitus) no longer consisted of
they retired through the openings between the  Roman legions only, but as Italy became gradually
maniples of the triarii, who up to this time had  subjugated, the various states under the dominion
been crouched on the ground (hence called sub- of Rome were bound to furnish a contingent, and
sidiarii), but now arose to make the last effort the number of allies (socii) usually exceeded that
(whence the phrase rem ad triarios redisse).  No of citizens.  They were, however, kept perfectly
longer retaining the open order of the two first distinct, both in the camp and in the battle field.
lines, they closed up their ranks so as to present    1. After the election of consuls was concluded,
an unbroken line of heavy armed veterans in front, the first step was to choose the twenty-four chief
while the rorarii and accensi, pressing up from be- officers of the legions, named tribuni militum, and
hind, gave weight and consistency to the mass, -   by the Greek writers XlXriPXoL.  Of these, fouran arrangement bearing evidence to a lingering pre- teen were selected from persons who had served
dilection for the principle of the phalanx, and ex- five campaigns of one year (annua stipendica, E'syavhibiting, just as we might expect at that period, (rtous aTpaTreLas) and were termed juniores (ol ec65the Roman tactics in their transition state.  It rTEOL roev XLXLCdpXWp), the remaining ten (seniores,
must be observed that the words ordo, manipulus, 7rpc(ruvrE'po0), from those who had served for ten
yexilium, although generally kept distinct, are campaigns.  The manner of their election will be
throughout the chapter used as synonymous; and  explained below, when we treat more particularly
in like manner, Polybius, when describing the  of the legionary officers.  (Polyb. vi. 19.)
maniple, remarks (vi. 20), Kal Trb a,'v prposr ca-    2. All Roman citizens whose fortune was not
a-Toy Ercderoav ical rdciyLa Aicl orepav seal slcyaial. rated under 4000 asses were eligible for military
Livy concludes by saying, that four legions were  service from the age of manhood up to their fortycommonly levied, each consisting of 5000 infantry  sixth year, and could be required to serve for
and 300 horse. We must suppose that he speaks twenty years if in the infantry, and for ten years,
in round numbers in so far as the infantry are con- if in the cavalry.  Those whose fortune was below
cerned, for according to their own calculations the  the above sum  were reserved for naval service,
numbers will stand thus:-                       except in any case of great necessity, when they
Hastati..  15 x G0         900    also might be called upon to serve for the regular
Principes.  15 x 60      -   900    period in the infantry.
Triarii, &c..  15 x 3 x 60     2700       The consuls having made proclamation of a day
Centuriones....         150    upon which all Roman citizens eligible for service
Vexillarii..               -    75    must assemble in the Capitol, and these being in
attendance at the time appointed in the presence of
4725    the consuls, the tribunes were divided into four




:'}t; cEX EPCITUS.                                              EXERCI TI S.
sections, according to the order of their election, divisions; and here, we must remark in passing,
in the following mannler: -The four junior tri- that Polybius has fallen into a slight inconsistenc:y,
bunes first elected, and the two senior tribunes first for while in the passage quoted above he fixes the
elected were assigned to the first legion, the three  number of the legion when he wrote, under ordijuniors and the three seniors next in order to the  nary circumstances, at 4200, in describing the
second; the four juniors and the two seniors next arrangements which follow he supposes it to conin order to the third, the last three juniors and  sist of 4000 only (vi. 21).
the last three seniors to the fourth legion. (Polyb.    (1) One thousand of the youngest and poorest
vi. 14.)                                          were set apart to form the Velites (rpoorpolMdXoe,
The tribunes being thus distributed into four rpoo'poqdpoo), or skirmishers of the legion.
parties of six, those belonging to each legion seated    (2) Twelve hundred who came next in age (or
themselves apart, and the tribes were summoned in  who were of the same age with the preceding but
succession by lot.  The tribe whose lot came out more wealthy-the words of Polybius are not very
first being called up, they picked out from it four distinct) formed the Hastati ('Aoi-droL).
youths as nearly matched as possible in age and    (3) Twelve hundred, consisting of those in the
form; out of these four, the tribunes of the first full vigour of manhood, formed the Psrincipes
legion chose one, the tribunes of the second legion  (Ilpyrln7res).
one of the remaining three; the tribunes of the    (4) Six hundred, consisting of the oldest and
third legion, one of the remaining two, and the last most experienced, formed the Triarii (TpLdotor).
fell to the fourth legion.  Upon the next tribe    When the numlber of soldiers in the legion exbeing called up, the first choice was given to the  ceeded 4000, the first three divisions were increased
tribunes of the second legion, the second choice to  proportionally, but the number of the Triarii rethose of the third, and the last man fell to the first mained always the same.
legion.  On the next tribe being called up, the    The equipment of these corps was as follows -
tribunes of the third legion had the first choice,    For defensive armour the Velites were firnished
and so on in succession, the object in view being  with a plain head-piece  (XL'orE 7rEpscexpaAaer),
that the four legions should be as nearly alike as sometimes covered with the hide of a wolf (Xvpossible, not in the number only, but in the quality cKEav) or any similar material, and a strong circular
of the soldiers.  This process was continued until buckler (parma - 7rndps), three feet in diameter.
the ranks were complete, the regular number, ac- Their offensive weapons were a sword (jUdXaLpa),
cording to Polybius in this passage, being 4200, and the light javelin (hasta velitaris — p6apdpos),
but when any danger greater than usual was im- the shaft of which (hastile -Trb i5Aov) was genepending, 5000.                                    rally two cubits (617rcXv), that is, about three feet
In ancient times, the cavalry were not chosen  in length, and in thickness a finger's breadth (Tr
until after the infantry levy was concluded, but  e 7rdXeL 3aKcrTvAmov), i. e. about'7584 of an inch;
when Polybius wrote the cavalry were. picked in  the iron point a span in length (Tb Ve KCE'TpOV artthe first place from the list on which they were  Oatas7ov), i. e. about nine inches, hammered out so
enrolled by the censor according to their fortune, fine that it was of necessity bent at the first cast,
and 300 were apportioned to each legion.  (Polyb. and therefore could not be hurled back by the
vi. 20.)                                          enemy.
3. The levy being completed (E7r'reXeOe[GoirS   The Hastati wore a full suit of defensive armour,ris IcaTrapaepns), the tribunes collected the men  (mravoirXia), consisting of shield, helmet, breastbelonging to their respective legions, and making  plate, and greave.  Their shield, termed Scutetn
one individual stand out from the rest administered  (avpeds), was formed of two rectangular boards
to him an oath (epoprtiLovauw) "' that he would obey  from four feet to four feet three inches long by two
orders and execute to the best of his ability the  and a half feet broad, the one laid over the other,
command of his officers."  (Sacramenteur s. Jusju- and united with strong glue; the outer surface was
randum minilittre, Cic. dce  ff. i. 11; Liv. xxii. 38; then covered with coarse canvas, and over this a
sacramzneto nzilites adigere s. togare, Liv. vii. 11; calf's hide was stretched, and a curvature was
secramentesm  s. sacranzento  dicere, Fest. s.v.; given to the whole, the convexity being turned
Caes. B. C. i. 23; Liv. ii. 24, iv. 53; Gell. xvi. 4.) outwards.   The  upper and  under edge  was
The rest of the soldiers then came forward one by  strengthened by an iron rim  (ar1slpov, osAxeso~a),
one, and swore to do what the first had bound  the former, that it might resist the downward
himself to perform.  They were then dismissed, a  stroke, of a sword; the latter, that it might not be
day and place having been appointed where each  injured by resting upon the ground.  In addition,
legion was to assemble without arms.  (Polyb. vi. it was still further fortified by an iron boss (rtsrpa
21; Caes. B. C. i. 76.)  The words uttered by  icoyXos), which served to render it more secure
each soldier after the first were probably simply  against blows from stones, against thrusts from the
"idem in me," (see Fest. s. a. Praejurationes).    long pikes of the phalanx, and, in general, from all
4. At the same time the consuls gave notice to  heavy missiles.  [See a figure of the ScvUTUr
the magistrates of those towns in Italy in alliance  under that article.]  One leg was protected by a
with Rome, from whom they desired to receive a greave (ocresa-7rapatct',uls), and the head by a
contingent, of the number which each would be bronze helhnet (galea-sreparespaXama  XeaXic), with
required to furnish, and of the day and place of a crest composed of three scarlet or black feathers,
gathering.  The allied cities levied their troops standing erect to the height of about eighteen
and-administered the oath much in the same manner inches, so that the casque added greatly to the
as the Romans, and then sent them  forth after apparent stature and  imposing carriage of the
appointing a commander and a pay-master (XooXvTa soldier.  The greater number of tile Hastati wore
tral Loe0Ooe'Tr-Y).  [SOCI.]  (Polyb. vi. 21.)    in front of their breast a brass plate nine inches
5. The soldiers having again assembled, the men  square, which was called the Ilecart-preserver (1Kapbelonging to each legion were separated into fouren    otpi,<x,$ ); but those whose fortune exceeded




EXERCITUS.                                       EXERCITlUS.                497
-100,000 asses had complete cuirasses of chain- tiones.  Farther, the centurions sel'ected out of
armour (loricas - aXvo't8aerobs pd-prnKas).      each maniple two of the bravest and most vigorous
The offensive weapons of the HIastati consisted  men as standard bearers (vexillas'ii, signi.ri, o7 —
of a sword and heavy javelins.  The sword, which   aro(pobdpoL),  The first elected centurion of the
was girded on the right side, had a strong straight whole had a seat in the military council (ouve6pfiov
blade, double-edged, and sharp-pointed, being thus  KoWtOwe?), and in each maniple the first chosen
calculated both for cutting and thrusting.  It was  commanded the right division of the maniple, and
called a Spanish sword (cuaXatpa'I~/p1Lp), in con- the other the left.  Each of these subdivisions of
tradistinction to the Gaulish sword, which was a  the maniple was called, as we shall see hereafter,
cutting sword only.  Each man carried in his centeria, but it is not specifically noticed here by
hand two of those heavy missiles, called pila by  Polybius.  (Polyb. vi. 24.)
the Latins, daeoi by the Greeks, which may be    8. The cavalry were divided into ten troops
regarded as the characteristic weapon of the Roman  (tfurmae, lYaL), and out of each of these three ofinfantry.  The shaft of these was in every case  ficers were chosen, nanmed decueriones (iAa'pXaL),
four and a half feet (three cubits) long, and the  who named three lieutenants (optiones, odpayol).
barbed iron head was of the same length, but this  In each troop the decurio first chosen commanded
extended half way down the shaft to which it the whole troop, and failing him, the second.
was attached with extreme care (Polyb. vi. 23), so    The equipment of the cavalry was: originally
that the whole length of the weapon was about adapted solely to secure great ease and rapidity of
six feet nine inches.  The shaft varied both in  movement.  Hence they wore no breastplate, but
form  and thickness —in form it was sometimes'were clad in a single garment girded tight round
cylindrical, sometimes  quadrangular - in  the  their bodies; their shields were formed simply of
heaviest, the diameter of the cylinder or the  an ox's hide, were incapable of withstanding a
breadth across one of the flat sides was about three  strong blow, and were readily damaged by wet 
inches (7raXaL,-rtalay, EXoutL... r'y' 8tLe'Erpov).  their lances (&dpa'a) were so light and the shaft
The equipment of the Principes and the Triarii so thin, that they vibrated from the action of the
was in every respect the same with that of the  horse; could not be directed to their object with a
_Hastati, except that the latter carried pikes (Iastae  steady aim,. and were constantly snapped in a
-6oipara) instead of pili.  (Polyb. vi. 21, 22, charge merely by the rapid motion.  Moreover,
23.  For more minute information with regard to  not being furnished with a point at both ends,
the different parts of the equipment, consult GALEA, they served for one thrust only, by Which they
}IASTA, LORICA, SCUTUM, PARaA, &C.)            were broken, and then became useless.  In the
We may remark, in passing, that in addition to  time of Polybius, however, they had adopted the
his armour and weapons the legionary, when in  Greek equipment, - a breastplate, a solid buckler,
marching order, usually carried provisions for a  and a strong spear, fashioned in such' a manner that
fortnight at least, and three or four stakes, used in  the end by which it was held' was so, far pointed
forming the palisade of the camp, besides various  as to be available in case- of necessity.
tools, an enumeration of which will be found in    9. After the soldiers had been thus divided and
Josephus. (B. J. iii. 5. ~ 5.) The Roman writers officered, the tribunes having given the different
frequently allude with pride to the powers of en-  classes instructions with regard to the arms which
durance exhibited by their countrymen in sup- they were to provide, dismissed  them  to their
porting with ease such overwhelming loads; and  homes, having first bound them by an oath to asPolybius draws a contrast between the Italian  semble again on a day and in a place fixed by the
and the Greelk soldier in this respect little favour- consul.  Then and there accordingly they did asable to the energy of the latter.  (See Cic. Tesczl. semble, no excuse for absence being admitted exii. 16., which is the loces classicus; Pelyb. xviii. cept inevitable necessity or the' appearance of evil
r; comp. Veget. i. 19; from  Liv. Epit. lvii. it omens.
appears that Scipio trained his men to carry food    10. The infantry furnished by the' socii was for
for thirty days, and seven' stakes each -diouble  the most part equal in number to the Roman le —
the usual burden.)                               gions, the cavalry twice or thrice as numerous, and
6. The Hastati, Principes, and Triarii were each  the whole were divided equally between the two
divided into ten companies called luaa-ipuli, to  consular armies.  Each consul named twelve suwhich Polybius gives, as equivalents, the three  perior officers, who were termed Praefecti Socioreun
terms vdyiae, oWrempa, rymeara. The Velites were  (?rpa'(pEkorC), and corresponded to the legionary
not divided into companies, but were distributed  tribunes.  A selection was then made of the best
equally among the Hastati, Ptincipes, and Triarii.  men, to the extent of- one fifth of the infantry and
7. Before the division of the three classes into  one third of the cavalry; these were formed into a
maniples, officers were appointed inferior to the  separate corps under the name of extraordiarii,
tribunes.  Thirty men were chosen by merit, ten  and on the march and in the camp were always
from the II astati, ten from the Principes, and ten  near the person of the consul.  The remainder
from the Triarii; and tlis first choice being com-  were'divided into two equal portions, and were
pleted, thirty more in like manner.  These sixty  styled respectively the Dextsra Ala and the Sinistra
officers, of whom twenty were assigned to each of Ala ( cKaAoorl t I'e' eb,'V T6rb a' e&c6vvUtov SCpas).
the three classes, and distributed equally among  [ALA.]
the mnaniples, were named centueziones, or ordinum  It will be observed that we have implied, a doubt
ductores (tcervUpiWVES, ratLdpXot), and each of the  with regard to the number of cavalry furnished by
sixty chose for himself a lieutenant (optio), who, the allies.  Polybius (iii. 107), when giving a
being posted in the rear of the company while the  sketch of the Roman forces before the battle eX
centurion was at the head, was named obpay6s  Cannae, after stating that the, legion under o01
(i. e. Teg;iductor) by the Greeks, so that in each  dinary circumstances consisted of 4000 infantry
maniple there were two centurions and two op- and 200 cavalry, but that in circumstances of pck R 




498             EXERCITUS.                                       EXERCITUS.
culiar difficulty and danger it was augmented to  lead upon one day should fall behind upon the next
5000 infantry and 300 cavalry, adds distinctly.day, in order that each in turn might have the
that the allies supplied a force of infantry equal to  advantage of arriving first at the watering places
that of the legion, and generally thrice as many  and fresh pastures.  When marching in open
cavalry (c7v.  61e,UV.L.cdXwV, Tb LEV T'wV 7rEC',v ground where an attack on the flanks was antici-'rArhOos 7rcdipoov 7ro00v0L TroSr'PcdaLCKoss 0rrpa-o- pated, a different disposition was sometimes adopted.
7re60Ls, Tb tie TW, L7reroWv'Ws ei7rrav rpLTrXadoov). The Hastati, Principes, and Triarii marched in
When treating more formally of the same subject three columns parallel to each other, the baggage
(vi. 26) he repeats the above observation in nearly  of the first maniples took the lead, the baggage of
the same words, but when he came to Tb 8e T&1V  the second maniples was placed between the first
rirMrcIv TpnrXAdoiov, many of the MSS. present and second maniples, and so on for the rest, the
8L7rAcdfriov; and a little further on (vi. 30), in the  baggage in each case preceding the maniple to
passage where he explains the manner in which  which it belonged.  If an attack was made then
the troops were quartered in a camp, his expres- the soldiers wheeling either to the right or to the
sions, when interpreted according to their natural left, according to circumstances, and advancing at
meaning and their connection with the preceding  the same time a few steps, by this simple and
clause, must signify that the total number of the  easily executed movement presented at once an
allied cavalry was double that of the Romans, and  even front to the enemy, the whole of the baggage
not, as the Latin translation attached to the edition  being now in the rear.
of Schweighaeuser has it, double that of the    Generally, when advancing through a country
Romans after deducting one-third for the extra- in which it was necessary to guard against a sudden
ordinarii equites.  Livy, when referring to the  onset, the troops, instead of proceeding in a loose
position of affairs between the Romans and their straggling column, were kept together in close
allies before the great Latin war of B. c. 340, after compact bodies ready to act in any direction at a
specifying the ordinary strength of the Roman  moment's warning, and hence an army under these
armies, adds (viii. 8) " alterum  tantum ex Latino  circumstances was said agmine quadrato iecedere.
delectu adjiciebatur."  When recounting the pre- (e. g. Sail. Jug. 105; Senec. Ep. 59; comp. Cic.
parations for the campaign of Cannae, although he  Phil. ii. 42, v. 7.)
appears to allude directly to the narrative of Po-    It is to be observed that Polybius, at the outset,
lybius and to copy his words, he contradicts him  promises an account of the order of march, of the
directly with regard to the allied cavalry (xxii. encampment, and of the battle array of the Roman
36), " socii duplicem numerum equitum darent."  armies (rope'as, Or'pa'o7reseias, rapa'rdsLes; AgAt a somewhat later period (B. c. 189), when four men, Castra, Acies); but that while he has relegions were raised, the socii were required to con- deemed his pledge with regard to the two former,
tribute 15,000 infantry and 1200 cavalry (xxxviii. he has left the last topic untouched, unless, indeed,
35), and nine years afterwards the consuls were it was included in a section now lost.  It is, moreordered to levy a new army of four legions " et over, comparatively speaking, a subject of little
socium Latini nominis, quantes semper numerus, consequence, for while we know that a camp was
quindecim  millia peditum  et octingenti equites "  always the same so long as the constitution of the
(xl. 36), which exactly corresponds with what we army remained unchanged, and while the order of
read in a former chapter (xl. 18).  The truth  march was subject to few modifications, the marseems to be, that although the contingent which  shalling of the troops for an engagement must have
each state was bound to furnish, was fixed by  varied materially in almost every contest, depend.
treaty, it was seldom necessary to tax all the al- ing necessarily in a great measure on the nature of
lies to the full extent, and hence the senate used  the ground, and on the aspect assumed by the foe.
their discretion as to the precise number to be    Some doubt exists with regard to the force of
supplied, according to the circumstances of the  the term  Agmen Pilatum as distinguished from
case, the proportion of confederates to Roman  Agene Quadraltum.  The explanation quoted from
citizens becoming of course gradually larger as Varro by Servius (Ad Virg. Aen. xii. 121), "6Quadthe limits of the Roman sway embraced a greater ratumnz quod immixtis etiam jumentis incedit, ut
number of cities and districts.  (See Lips. de ubivis possit considere: pilaetum, quod sine juMlilit. Rom. ii. 7.)                            inentis incedit, sed inter se densum est, quo faci.
11. Agmen orLine ofMarc-.-The Extraordinarii lius per iniquiora loca tramittatur," has not been
Pedites led the van followed by the right wing of considered satisfactory, although it is difficult to
the infantry of the allies and the baggage of these  understand how Varro, himself a soldier, shotuld
two divisions; next came one of the Roman legions have been inaccurate upon such a point.  Where
with its baggage following; next the other Roman  the phrase occurs in poetry as in the passage in
legion with its own baggage, and that of the left Virgil referred to above (comp. Martial. x. 48 ), it
wing of the allies, who brought up the rear.  The probably denotes merely "columns bristling with
different corps of cavalry somhetimnes followed im- spears."
mediately behind the infantry to which they were    Polybius being our most copious and pure source
attached, sometimes rode on the flanks of the  of information, before passing on to the fourth
beasts of burden, at once protecting them and pre- period, it may be fitting to enter more fully upon
venting them from  straggling.  If there was any  certain topics which he has either touched very
apprehension of an attack from behind, the only  lightly or passed over in silence. We shall, therechange in the above order consisted in making the  fore, make a few remarks:- 1. On the levying
Extraordinarii bring up the rear instead of leading  of soldiers.  2. On the division of the legion as a
the van. As far as the position of the two legions body into  cohorts, maniples, and centuries, of
with regard to each other, and also of the two  which the cohort and the century are not named
wings of the allies, was concerned, it was under- by Polybius in the above description.  3. On the
stood that the legion and the wing which took the  distribution of the soldiers into Triarii, Principes,




EXERCITIUS.                                      EXERCITUS.                 499
Iicastati, Veli/es, Antepilani,  Antesignnni, &c.5 and  a decree of the senate "ne vacationes valerent,"
on the original import of these terms.  4. On the  and hence in the case of a Gallic war, we read that
officers of the legion, the tribunes, the centurions Aemilius Mamercinus, then consul, was instructed
and subalterns.                                 "scribere exercitum  sine ulla vacationis venia "
1. The levy (delectus, cKara-ypajQ ) was usually  (Liv. viii. 20), and one of the measures urged by
held in the Capitol (Liv. xxvi. 31) by the consuls Cicero upon the senate in the contest with Antonius
seated on their chairs of state (positis sellis, Liv. was  " delectum  haberi sublatis vacationibus"
iii. 11); but sometimes in the Campus Martius (Philipp. v. 12).  So, also, if the soldier, after
(Dionys. viii. 87), which was beyond the juris- being enrolled, failed to appear at the place of
diction of the tribunes of the plebs, who, in the muster appointed by the consul, his absence might
earlier ages of the commonwealth especially, fre- be justified by various " excusationes," a list of
quently interfered to prevent an army from being  which will be found in Gellius (xvi. 4), the most
raised.                                         important being severe bodily ailment (torbus
According to the principles of the constitution, sonticus); the death of a near relation (fiunusfanone were enrolled in the legion, except freeborn miliare); the obligation of performing a stated
citizens (ingenui) above the age of seventeen, and  sacrifice (sacrificiuzri anniversariunm), or some other
under the age of forty-six, possessing the amount religious impediment.
of fortune specified above (Gell. x. 28); but in    While those who had served for the stipulated
times of peculiar difficulty, these conditions were period were entitled to immunity for the future,
not insisted upon.  Thus, in consequence of the even although within the legal age, and were styled
scarcity of men during the second Punic war, it Emeriti, so on the other hand, it appears from
was at one time ordained, that lads under seven- some passages in the classics, that persons who had
teen might be admitted into the ranks, and that not completed their regular term within the usual
their time should be allowed to count just as if limits, might be forced, if required, to serve bethey had attained to the legal age (Liv. xxv. 5), tween the ages of forty-five and fifty (Liv. xxvii.
and on the other hand, when strenuous exertions  11, xlii. 34; Senec. de brev. Vit. cap. ult.; Quintil.
were made for the campaign against Perseus, the ix. 2. ~ 85).  Towards the close of the republic,
senate decreed that no one under fifty should be and under the empire, when the legions became
excused from enlisting (Liv. xlii. 33).  Moreover, permanent, the soldier who had served his full
not only were all freeborn citizens without dis- time received a regular discharge (missio) together
tinction of fortune called out on such occasions, but with a bounty (praemiuem) in money or an alloteven freedmen were armed (Liv. x. 21, xxii. 11); ment of land.  The jurists distinguish three kinds
and after the battle of Cannae, eight thousand  of discharge:-1. Missio zonesta, granted forlength
slaves who had declared themselves willing to  of service.  2. Missio caussaerin, in consequence of
fight for the republic, were purchased by the state, bad health.  3. Missio Ignomniniosa, when a man
and formed into two legions, who, under the name was drummed out for bad conduct (Macer in Dig.
of Volones, displayed great bravery, and eventually  49. tit. 16. s. 13; Ulpian in Dig. 3. tit. 2. s. 2,
earned their freedom (Liv. xxii. 57).           cornmp. Hirt. B.A. 54; Suet. Jul. 69, Octav. 24).
In moments of sudden panic or when the neces- It frequently happened that emeriti were induced
sity was so pressing as to admit of not a moment's to continue in the ranks, either from attachment to
delay, all formalities were dispensed with, and  the person of the general or from hopes of profit or
every man capable of bearing arms was summoned  promotion (Appian. B. C. v. 3), and were then
to join in warding off the threatened danger, a called veterani, or when they joined an army, in
force raised under such circumstances being termed  consequence of a special invitation. evocati (iva.
subitarius s. tzumultuarius erercitzus (Subitarii ms- sA<1ol, Dion Cass. Iv. 24).  Dion Cassius states
lites, Liv. iii. 4, xli. 17; Subitaries exercitus, iii. (i. c.) that troops bearing this last denomination were
30; Legiones subitariae tummultus causa scriptae, first employed by Octavianus, when he called out
xxxi. 2, xl. 26; Tumultuarius exercitus raptim  (aveKiCaEc(eY ) the veterans of Jalius Caesar to aid
conscriptus, viii. 11; Legiones tumultuarias scriberet, him against Antonius, but we read of them at an
xl. 26).                                        earlier period.  (Caes. B. G. vii. 65, B. C. i. 17,
If citizens between the ages of seventeen and  iii. 88.)  [EVOCATI.]   They must in no way
forty -six did not appear and answer to their names be confounded with the volunteers mentioned by
or contumaciously refused to come forward, they  Polybius in his description of a Roman camp
might be punished in various ways, —by fine, ('rtvs r'zv EOeXovr,71bY  r'paT'evowYEV  T'77'r l,y
by imprisonment, by stripes, by confiscation of   ne7racwv Xdpt'rr), who seem to have formed part of
their property, and even, in extreme cases, by  what may be termed the personal suite of the
being sold as slaves (Dionys. viii. 87; Liv. vii. 4; general.  (Comp. Sallust. Jug. 84.)  We shall
Varr. ap. Gell. xi. 1, ap. Non. s.v. Teneirionem; make some further remarks upon the Veterani and
Val. Max. vi. 3. ~, 4).  At the same time, causes the changes introduced by Augustus with regard
might be alleged which were recognised as forming to the term  of service, when we speak of the
a legitimate ground for exemption (vacatio justa  Vexillarii, who belong to our fifth period.
militiae).  Thus, all who had served for the full   2. We next proceed to consider the division of
period of twenty years in the infantry or ten in  the legion  into Cohortes, lasni puli, Centeriae,
cavalry, were relieved from  further service, al- Signa, Oradines, Contubernia.
though they might still be within the regular age;    Cohortes. —It will be observed that Polybius
and so,in like manner, when they were afflicted by  takes no notice of the Cohort, a division of the
any grievous malady, or disabled by any personal legion mentioned so often in the Roman writers.
defect, or engaged in any sacred or civil offices Hence Salmasius and other distinguished scholars
which required their constant attendance; but have supposed'that the cohort had no existence
these and similar pleas, although sustained under until the time of Marius, and although named by
ordinary circumstances, might be rendered void by  Livy almost immediately after the expulsion of
KK2




500             EXERCITUS.'      EXERCITUS.
the kings (ii. 11), and repeatedly af'terwards (e. g. prefer the somewhat vague term  numneri, which
xxvii. 13, 41) he may be supposed to speak pro- appears in Tacitus and Suetonius, and perhaps
leptically., But in a quotation preserved by A. even in Cicero (ad Fain. xi. 1 0, xii. 13). Numnerl
Gellius (N. A. xvi. 4) from  the treatise De Re  seems to have signified strictly the muster roll,
Militari of Cincius, who is generally admitted to  whence the phrases srejrre in nusmeros, distribuere
be Cincius Alimentus, the annalist contemporary  in numeros (Plin. Ep. iii. 8, x. 30, 31), and thus
with Hannibal, we find the cohort not only named  served to denote any body of legionaries.  In the
but specifically defined, In leyione suent centuriae  Digest and the two Codes it is used sometimes for
~ sexaqinta, manipui trigiata, coltortes decem; and  a century, sometimes for a cohort; by Suetonins
Polybius himself uses the Latin word KoIpTrs (Vespas. 6) for a detachment selected from three
~ twice in his history of Scipio's Spanish campaigns different legions.  Nor is it absolutely restricted to
(xi. 23, 33), giving in the first of these passages legionaries, for we read in inscriptions of aumerus
an explanation of the term, Kal xaG&v... 7'ps   Britonumn (Orell. 1627), Numeri Dalmatarum
-7rslpas,'oiro 8E K caAeTa Toa   aV' o',rayua.rv wreCos  (Grut. dxxviii.; Orell. 3410), while Ammianus
irapz'Poaioa0s Ko0pTLs.... where it must be borne  applies it to cavalry as well as'infantry, and to
in mind that Polybius uses the words rdyua, auxiliaries as well as legionaries (xxiii. 2).  In
o'speFla, and apreipa indifferently, to denote the  like manner the later Greeks introduced &aptzoi
maniple.  On the other hand, the later Greek  or YovpeCpol for cohortes, the former being the exwriters generally designate the maniple by  o'Xos, planation given by St. Chrysostom in his exposition
and almost invariably employ o7re pa as the repre- of the tenth chapter of the Acts for the word
sentative of cohors.  Hence considerable confusion  oyrelpas, while Suidas interprets eureipat by Voltis apt to arise; and Livy has rendered his de- IJepa.
scription of the order in which Scipio marshalled    Whenever Co/wars occurs in the Latin classics in
his army at Zama unintelligible by translating has connection with the legion, it always signifies a
omrespas in the text of Polybius by co/tortes instead  specific division of the legion; but it is very freof manipelos (Liv. xxx. 33; Polyb. xv. 9); while  quently found, in the general sense of battalion, to
Polybius himself is guilty of an inconsistency in  denote troops altogether distinct from the legion.
the same chapter when he uses the expression  ea7i  Thus in Livy (iv. 39) it is applied to a body of
riv.ypocpopyadXas   olrsipaLs, for the ypooapoedXoL  dismounted cavalry, to the force of the allies
or Velites were not divided into maniples, as he  (alariae cohortes, x. 40, 41; codors Peligna, xxv.
most distinctly states elsewhere.                  14; cohortenz Mlarsorum, xxxiii. 36, &c.), to the
When the soldiers of the legion were classified  troops of an enemy (vii. 7, x. 40, xxx. 36), with
as Velites, Hastati, Principes and Triarii, the co- various other modifications; and we shall be called
hort contained one maniple of each of the three latter upon to speak under our fifth period of Cohortes
denominations, together with their complement of praetorianae, Cotortes peditatae, Coelortes equitatae,
Velites, so that when the legion contained 4000, and several others.
each cohort would  consist of 60 Triarii, 120    Mlanipulus.-The original meaning of this word,
Principes, 120 Hastati, and 100 Velites, in all which is clearly derived from  eastnus, was a  ctand400 men.                                          ful or wisp of ha]y, straw, fIrn, or t/e like, and this,
The number of cohorts in a legion being always according to Roman tradition, affixed to the end of
ten (Cincius, Z. c.; Cic. Philip. iv. 27; the words a pole, formed the primitive military standard in
of Isidor. Orig. ix. 3. ~ 47, are evidently corrupt), the days of Romulusand the cohorts, during the republic, being all        Pertirn suspensos portabat longa maniplos
equal to each other, the strength of the cohort           Undo maniplaris nomina miles hvaet.
varied from time to time with the strength of the
legion, and thus at different periods ranged between  (Ovid. Fast. iii. 117; compare Plut. Rome. 8)
the limits of 300 and 600.  They were regularly  Hence it was applied to a body of soldiers serving
numbered from  I to 10, the centurion of the first under the same ensign (see Varr. LL. v. 8, vi. 85
century of the first manaiple of the first cohort who connects it in this sense directly with mianus).
was the guardian of.the eagle, and hence the first when the ponderous mass of the phalanx was recohort seems always to have been regarded as solved into small companies marshalled in open
superior in dignity to the rest. (Caes. B. C. iii. 64, order, these were termed manipuli, and down to a
Cic. ad Att. v. 20.)  From some expressions in the  very late period the common soldiers of the legion
description given by Caesar of the battle of Phar- were designated as manipulares or manipularii,
salia, it has been inferred that even then the first terms equivalent to gregarii milz'tes.  By whom
cohorts in the legions were more numerous than  this momentous innovation upon the tactics of a
the rest; and this was certainly the case under the  Roman army was first introduced, it is impossible
empire, when they were termed coleortes milliariae, to determine with certainty; but from the remark
and contained twice as many soldiers as the others. of Livy (viii. 8), that a' change in the equipment
Thus the legion described by Hyginus amounted  of the heavy-armed soldiery took place at tilhe
to 5280 men, divided into ten cohorts; and of period when they began to receive pay, compared
these, the first, which had the charge of the eagle, with the words of Plutarch (Canzill. 40), we may
consisted of 960 men, while the remaining nine  conjecture that the revolution was brought about
had 480 each.                                     in part at least by the greatest general of whom
The word cohort lasted as long as the word le- the infant republic could boast -  Camillus.
gion, and even longer, for not only does Ammianus    When the phalanx was first broken up, it ap(xxi. 13, xxiii. 5) speak'of centuries and cohorts pears (Liv. viii. 8) that each of the three classes
in the army of Julian, but cothors, as a military  of Hastati, Principes, and Triarii, contained fifterm, is met with in authors after Justinian.  But teen maniples; but before the second Punic war
although cohortes is found occasionally in the wri- (see Cincius, as quoted by Gell. above) the numters of the later empire, they for the most part ber of maniples in each of these classes was re



EXERCITUS.                                       EXERCITUS.                 501
duced to ten, as stated by Polybius.  Hence it bearers (tivpaps  oaLaMoqd4povs) in each maniple
is easy to calculate the number of soldiers in each  (see also Liv. viii. 8).  On the other hand, one of
maniple, according to the varying numbers in the the names given byr Polybius to the maniple is
legion, it being always borne in mind that the octzaia, which seems to correspond exactly with
Triarii never exceeded 600, and that the Velites signumn, and Varro in his glossary of military terms,
were not divided into maniples, but distributed  "Maaniputos exercitus mmimas manus qume  mum
equally among the heavy-armed companies.        sequuntur signum," to which we mayadd Liv. xxvii.
Some writers, especially Le Beau, in his "Med-  14., " ni C. Decimius Flavus..... signo adrepto
moires " on the Legion, maintain that, after the primi hastati, manipulum  eius signi  seqseui jisdistinctions between the Hastati, Principes and  sisset," and as to the aivpas 7,u/aLmoqdpovs, although
Triarii were abolished, *and the legion was mar- there were two standard-bearers, it does not follow
shalled in cohorts, the division into maniples was that there were two standards.
no longer practised, and that the term mnanipmlus    Ordo generally signifies a century, and orrdinure
must from this time be understood to indicate either ductor is synonymous with centmi'io, and ducoere
a small number of men indefinitely, or a mass of honestezn ordinemo means to be one of the principal
ten soldiers quartered in the same tent.  No one, centurions in a legion.  On the other hand, in the
however, who reads without prejudice the words of celebrated chapter in Livy. (viii. 8.), discussed
Caesar " adeo ut paucis mutatis centurionibus, above, ordo undoubtedly denotes one of the oriiidem ordines, manipulique constarent " (B. C. ii. ginal maniples, and when we read in book xlii. 34.
28, comp. B. G. ii. 25, vi. 33), and of Tacitus, " Mihi T. Quinctius Flamininus decumum ordinem
" assistentem  concionem quia permixta videbatur hastatum adsignavit," the speaker seems to declare
discedere in manipulos jubet" (Ann. i. 34), to- that he had been raised from the ranks to the post
gether with the still more explicit expressions of of a centurion in the 10th maniple of the Hastati.
Ammianus, "omnes centurias et manipulos et co- These must, however, be regarded as exceptions.
hortes in concionem convocabat" (xxi. 13. ~ 9),   Conetubernzim. - This was the name given under
repeated almost in the same words in two other the empire to the body of soldiers who were quarpassages (xvii. 13. ~ 25, xxiii. 5. ~ 15), can doubt tered together in the same tent; the captain of the
that the manipulus continued to the very last to mess, decaonus or decursio, is called by Vegetius
form one of the larger subdivisions of the legion. caput contublernii, and Ammianus designates the
Indeed, the whole system of classifying and naming mess-mates by the word concorporales.
the centurions upon which Le Beau himself be-    3. Hastati,Ps~incipes, Triarii, Pilani, Antepilani,
stows so much labour and ingenuity is unintelligible  Antesignani, Principia. -  No reasonable doubt
upon any other supposition.  At the same time can exist that the Hastati were so called, from
it cannot be denied that omanipulets must sometimes havilg been armed with a hasta (HASTATI dicti
be taken in a general sense, as when Tacitus gives qui prsilmni hastis pugnabant, Varr. L. L. v. 39), the
this name to the detachment of sixty men, sent Principes from having occupied the front line (the
into Asia by Nero, for the purpose of putting Plautus etymology of Varro, 1. c. is here not distinct, PRINsto death.  (Ansz. xiv. 58, 59.)  As to tile identity  sIPES qui a principio gladiis), the Triaerii, otherof manipulus and contubernizsm, no doubt Vegetius wise named Pilani, from having been ranged bestates very distinctly that the centuries were divided hind the first two lines as a body of reserve and
into contubernia, and adds " contubernium autemr armed  with the yil2Um  (PILANs, qUi pils...
manipulus vocabatur," but an assertion proceeding Pilani Triar-ii quoque dicti quod in acie teertio ordine
from such a source is as worthless as the etymology extremozis subsidio deponebacztlr; quod Si subsidebant,
by which it is followed up.                     ab eo subsidium dictums, a qeo Plautus,
Centurice. -  The distribution of soldiers into
centusriae must be regarded as coeval with the origin  e       s
of Rome.  Plutarch, as noticed above, speaks of Varr. 1. c.; comp. Liv. viii. 8), while the first two
the force led by Romulus against Amulius as lines, were termed collectively Antepsilani, fronm
formed of centuries; and from the close connections standing in front of the Pilani.  In process of time,
between the centuries of Servius Tullius, and the it came to pass, that these designations no longer
organization of the military force, we cannot hesi- expressed the actual condition of the troops to which
tate to believe that the term was communicated to they were attached.  When Polybius wrote, and
the ranks of the phalanx.  For a long period after long before that period, the Hastati were not armed
the establishment of the manipular constitution, the with hastae, but in common with the Principes bore
legion contained invariably sixty centuries, and the heavy pilum: on the other hand, the pilsani
even after the introduction of the cohors mintiaria, carried ]astae and notpila, while the Principes were
we have no good evidence to prove that any not drawn up in the front, but formed the second
change took place in this respect except we choose line.  The origin of this discrepancy between the
to adopt the statements of Vegetius.            names and the objects which they represented, is
Signuns. - There is much doubt with regard to somewhat obscure, but perhaps not altogether bethe import of the word signusm, when used to denote yond the reach of a very simple conjecture.  The
a division of the legion, in such phrases as signi unius names were first bestowed when the Roman army
militesferre scalasjussit (Liv. xxv. 23); andpostero  was disciplined according to the tactics of the
die cum iunius siynei militiibus.... pergit ire ad urbem.  Grecian phalanx.  At that time the hastati were
(Liv. xxxiii. 1.)  The question is, whether in the skirmishers armed with a light javelin (the
these passages we are to understand that a maniple I ista veeitaris), who were thrown forward in adis meant or a century.  On the one hand, it is vance of the main body, and it is with reference to
admitted that after the legion was marshalled by  their ancient duty that Ennius in the eighth book
cohorts, each century had its own standard, and of his annals uses an expression no longer appliin so far as the earlier ages are concerned, Poly- cable in his day.
bins expressly tells us that there were tao standard-      " Hastati splargunt hastas, fit ferrens imber.'"
K K 3




.502            EXERCITUS.                                          EXERCITUS.
Tn corroboration of this, it will be seen from the  Non. s. v. mandare; Sall. Jug. 54; Tac. IHist. iio
celebrated chapter in Livy (viii. 8), which we  43; comp. Varr. ap. Gell. iii. 4; Terent. Eun. iv.
have discussed at length above, that after the open  7, and note of Donatus; Senec. de Vit. beat. 14).
order had been established, and the majority of    Posisignani does not occur in any author earlier
the hastati had become hoplites (scutati), one-third  than Ammianus Marcellinus (xviii. 8. ~ 7, xxiv. 6.
of the men in each maniple were equipped as light ~ 9), and therefore need not be illustrated here 
troops " manipulus leves vicenos niilites.... leves the Subsignanus miles of Tacitus (Hist. i. 70, iv.
anutem, qui hastam  tantum  gaesaque gererent."  33) seems to be the same with the Vexillarii, who
The Principes were the front ranks of the phalanx, fall under our next period.
men in the full viaour of their years and strength,
clad in complete defensive armour, and hence dis-             ce         ubs i, Ferentari, Jaclatores, Yelies,
tinguished by Livy (I. c.) as "insignibus maxime
armis."  The Pilani were in the rear of the pha-    Light-armed  troops  (levis armatura)  were,
lanx, and as the opposing hosts approached each  from the first, associated with the hoplites, but
other, before they were required to give weight under different circumstances and different names,
and momentum  to the mass, threw  the heavy  at different periods.
pilum  over the heads of their comrades, in order   When the Hastati had, in a great measure, ceased
to break, if possible, the continuity of the enemy's to act as tirailleurs, their place was supplied by
line.                                             the Rorarii (RoRARaI dicti ab rore, qui cornmittebant
Vegetius uniformly places the Principes in front bellun ante, ideo quod ante rorat quam plhit, Varro,
(i. 20, ii. 2, 15, iii. 14), and it is only necessary  L. L. vii. ~ 57), whose method of fighting has been
to read the sentences in which they are mentioned, described above (p. 495).  The Accensi, as deto perceive how hopeless is the confusion which  scribed by Livy (viii. 8), were inferior in equippervades his statements.                          ment to the rorarii, although employed in a similar. Antesignani. —While the Hastati and Principes, manner, and seem to have been camp followers or
taken together, were sometimes termed Antepilani, servants (AccENsos  ministratores Cato esse scribit,
in contradistinction to the Triarii, so the Hastati Varro, 1. c. and ap. Non. Marcell. s. a. accensi), and
alone were sometimes termed Antesignani, in con- hence the name is given to those also who attended
tradistinction to the Principes and Triarii taken  upon magistrates or other officials (e.g. Cic. ad
together.  That the Antesignani were the soldiers Fane. iii. 7, ad Q. Fr. i. 1. ~ 4, 7).  At a later
who fought in the front ranks, is manifest from  period  the accensi were supernumeraries, who
almost every passage in which the word is found  served to fill up any vacancies which occurred in
{e. g. Liv. ii. 20, vii. 33); that they were so called  the course of a campaign (AccENsl dicebantur qui
from being placed before the standards, is proved  in locezm modtuorum mzilitum subito subrogabantur,
by the description of the confusion which prevailed  Fest. s. v.), persons to whom Varro gives the name
in the engagement at the Thrasymene lake," Non  of adscriptivi (quod olim  adscribebantur inermes,
illa (sc. pugna) ordinata per principes, hastatosque  armatis militibus qui sucoederent, L. L. vii. ~ 56);
ac triarios, nec ut pro signis antesignani, post signa and, according to Festus (p. 198, ed. MUller), acalia pugnaret acies" (Liv. xxii. 5); that they  census was the name given, originally, to the optio
were not the Velites is clear from the marshalling  or lieutenant of the centurion, a fact to which
of the troops before Zama,' vias patentes inter the Pseudo-Asconius, perhaps, refers, when he says
manipulos antesignanorum  velitibus complevit"  (in Verr. ii. 28), "Accensus nomen est ordinis et
(Liv. xxx. 33, who here translates Polybius); promotionis in militia, ut nune dicitur princeps, vel
that they were the soldiers who formed the first commentariensis aut cornicularius.   Haec enim
line as distinguished from the second, appears from  nomina de legionaria militia sumpta sunt."
the narratives of the battles against the Latins,    Another ancient term  for light-armed soldiers
"'caesos hastatos principesque, stragem  ef ante  was Ferentarii, a word found in the Trinummus of
signa et post signa factam, triarios postremo rem  Plautus (ii. 4. 55), whereferentarius amicus signirestituisse " (Liv. viii. 11), and against the Tuscans, fies a friend nimble and prompt to lend assistance;
"'cadunt antesignani, et ne nudentur propugna- in Sallust (Catil. 60), " Postquam eo ventum est,
toribhus signa, fit ex secunda prima acies "  (Liv. unde aferentariis proelium committi posset;" and
ix. 39); and from  these two quotations, it is even in Tacitus (Ann. xii. 35), " ferentarius gravisfurther evident that the position of the 1"signa "  que miles."   The term  is twice explained by
was behind the hastati and before the principes. Varro, who, in his treatise De Vita Populi Ronzani,
These signa must have been the ordinary standards after defining accensi, adds (ap. Non. Marcell.
of the maniples, for we know that the aquila was s. v. Decurio), " Eosdem  etiam  quidam  vocabant
in the custody of the first maniple of the triarii. f.rentarios qui depugnabant pugnis et lapidibus,
The term Antesignani having  become established  his armis quae ferrentur, non quae tenerentur;"
as denoting the front ranks in a line of battle, was and, again (L. L. vii. ~ 57), "Ferentariunt  a
retained in this general sense long after the Hastati, ftrendo.... aut quod ferentarii equites hi dicti
Principes, and Triarii had disappeared (see Caes. qui ea mode habebant arma quae ferrentur, ut
B. C. i. 43, iii. 84, where they are the oldest and jaculum," whence it appears that horsemen as
best soldiers, who now led the van. Comp. Varro  well as foot-soldiers were sometimes known by
ap. Non. s. v. Antesignanorunz.)                  this appellation.  Rorarii and accensi stand toAnother term  employed to denote the front gether in a line quoted (Varro, 1. c.) from the
ranks of an army in battle array is Principia, and  Frivolaria of Plautus.
in this sense must be carefully distinguished from  Ubi rorarii estis? en sunt.  Uhi sunt accnsi?
the Principia or chief street in the camp, and from      Ecce -
Principia, which in the later writers, such as Ammianus and Vegetius, is equivalent to principales " Rorarius veiox" occurs twice in the fragments
nmilites (Liv. ii. 65, iii. 22, viii. 10; Sisenn. ap. of Lucilius; and even Symmachus, in one of his




EXERCITUS.                                       EXERCITUS.                /03
epistles (viii. 47), draws an illustration from this and already detailed under CASTRA, and to the
source "tamquam levis armaturae miles Rorarios general superintendence which they must have
aemularis."                                     exercised, we perceive that they nominated the
The Velites, called also Procubitores, because centurions, and assigned to each the company
they were employed on outpost duty when the which he was to command.  They presided also at
Romans were encamped before an enemy (Festus, courts-martial, and had the power of awarding the
s. v.), were first formed into a corps at the siege of highest punishments.
Capua, B. c. 211, as we are informed by Livy    Up to the year B. c. 361, the tribunes were
(xxvi. 4, comp. xxxviii. 21, and Val. Max. ii. 3; chosen by the commanders-in-chief, that is, by the
Frontin. iv. 7), who gives a minute description of kings in the first instance, and afterwards by tha
the circumstances which led to their institution, consuls, or a dictator, as the case might be.  In
and of the manner in which they were armed. the year above named the people assumed to them.,
It is true that the historian uses the term Velites selves the right of electing either the whole or a
before the epoch in question (e. g. xxi. 56, xxiv. certain number, it is impossible to say which (Liv.
34); and Polybius, in like manner, speaks of vii. 5), but they seem to have allowed matters to'yporp(opdcioL from the time of the first Punic war; return to a great extent to their former state until
but these expressions must be understood to in- B. C. 311, when it was ordained that they should
dicate the light-armed troops as they then existed, choose sixteen for the four legions (Liv. ix. 30);
and which, after the name Rorarii fell into disuse, but whether this embraced a whole or a part only,
were styled jaculdtores or 7re~a'tovTiOrTai.  We is a point upon which we are again left in doubt.
must not conclude from the narrative of Livy, that From this time forward, in virtue of the rogation
it was customary for the Velites to mount behind then passed, the people continued to elect the
the cavalry; on the contrary, the above passage is, whole, or, at all events, the greater number until
perhaps, the only one in which they are represented B. C. 207, when the consuls, Claudius Nero and
as employed in this manner, although, in later Livius Salinator, appointed the tribunes to nineteen
times, it was by no means uncommon for light- out of the twenty-three legions of that year, the
armed troops to mingle with the horsemen, to keep people taking to themselves the nomination to the
pace with them, and to support them  in their first four only (Liv. xxvii. 36).  When war was
operations (Caesar, B. G. i. 48, viii. 19, B.C. iii. declared against Perseus B. c. 171, a special act
84; Sall. Jug. 91).                            was passed that the military tribunes for that year
The foreign light-armed troops will be noticed should not be elected by the votes of the people,
under the next epoch.                           but should be nominated by the consuls and
praetors (Liv. xlii. 31.); the same arrangement'The Oicers oft/se Legion.          probably was adopted the following year, for it is
Tribuni.-  The chief officers of the legion were particularly mentioned that in the third year of
the Tribuni Militum, rendered  by the Greeks the war (B. c. 169), the people named the tribunes
x'AlapXmo.  Tribunus is, unquestionably, derived of four legions, which were kept in reserve (Liv.
from  tribus; and, according to Varro (L. L. v, xliii. 12); and, finally, in the fourth and last year
~ 81), in ancient times three were sent to the of the war (B.c. 168), the senate resolved that
army, - one from  the Ramnes; one from  the the tribunes for the eight legions should be named
Luceres; one from the Tities, - who would then one half by the people and one half by the consuls,
be the commanders of the original legion of 3000. Aemilius Paulus being allowed to select out of the
In the time of Polybius, the number in each legion whole body those whom he considered best fitted
was six; but when and under what circumstances for serving in the two legions which he was about
this increase took place, is unknown.  Two pas- to transport into Macedonia.  Polybius (vi. 19)
sages from Livy (vii. 5, ix. 30), to be more par- refers incidentally to the fact that sqme of the
ticularly adverted to hereafter, by which Sigonius tribunes were chosen by the people, and some by
endeavoured to throw light upon the question, the consuls, but without specifying the proportions.
admit of an interpretation totally different from  and this division of patronage probably subsisted
that which he has assigned to them, and they so long as the forms of the constitution were mainleave the matter altogether in doubt.  After the tained, for even under Augustus the people renumber six was once established, it does not tained some power, nominally at least, in the
appear to have varied for manly centuries, nor do military elections; but from the reign of Tiberius
we know what changes were introduced, in this these offices were held to be in the gift of the
respect, during the decline of the empire.  The prince exclusively.  It is clear that in the later
case in Livy (xlii. 35), where four military tri- ages of the republic the nomination of tribunes,
bunes are represented to have been chosen from  not elected by the people, was vested not in tha
the senate to command four legions, supposing the consuls alone but in proconsuls also, and generally
text to be faultless, is manifestly quite special.    in those who held the chief command in an army.
It must be understood that the authority of Thus Cicero, when in Cilicia, offered, at the reeach tribune was not confined to a particular portion quest of Brutus, a tribuneship to Scaptius (Cic. ad
of the legion, but extended equally over the whole. Att. vi. 3); and the orator, at another time, gives
In order, however, to prevent confusion and colli- a hint to Caesar, when in Gaul, that he might
sion, it was the practice (Polyb. vi.) for the bestow a tribuneship, or some such office, on Tretribunes to divide themselves into three sections of batius (Cic. ad Fasn. vii. 5); while Caesar himself
two, and each pair undertook the routine functions found, to his cost, that he had attended too much
for two months out of the six, during which active to the claims of friendship in granting these apoperations in the field usually lasted.  (Comp. pointments.  (Caes. B. G. i. 39.)  Those tribunes
Liv. xl. 41, "Secundae legionis Fulvius tribunus elected by the votes of the people were termed
militum erat, is mensibus suis dimisit legionem.") Comitiati, those chosen by the general Rufuli; beIn addition to the duties specified by Polybius, cause, says Festus, their privileges were fixed by
KK 4




B04             EXERCITUS.                                          EXERCITUS.
a law  of Rutilius Rufus.  (Liv. vii. 5; Pseud. son to believe that any such tribunes existed even
Ascon. in Vern. Act. i. 30; Festus, s. v. Rufuli.) so late as Hadrian; for:llyginus, in his minnute
That all tribunes were not upon an equality is description of a camp, and of the accommodation
clear from the expression of Livy (xlIi. 3.),   L.' required for the officers, makes no mention of them.
Atius, tribunus primus secundae legionis;" and, It is true that we read in Caesar (B.. ii. 20),
from  the Cornelian law quoted by Cicero (Pro  and in Pliny (rEp. iii. 9; comp. Juv. i. 58; Stat.
Cluent. 54), where the tribunes of the first four Sylv. v. 96) of tribunes who commanded cohorts;
legions are evidently regarded as superior to others. but those in Caesar were not legionary but auxiHow this precedence was regulated, whether by  liary cohorts, and such, in all probability, was the
seniority, by the mode of election, or by some cohort alluded to by Pliny.
other principle we cannot determine.                 Under Augustus and his successors Tribunus was
We have seen from Polybius that no one was} employed with reference to many military offices.
eligible to the office of tribune who had not served  Thus Velleius Paterculus tells us (ii. 104), that he
for ten years in the infantry or five in the cavalry. discharged the duties of Tribunus Castrorum, and
This rule admitted of exceptions, for we find that in inscriptions we meet With Triiunus Praetorianus
the elder Scipio Africanus was tribune of the  (Orell. 1133), Tribunus Fabrmla Navalinm  (Orell.
soldiers at the battle of Cannae (Liv. xxii. 53),'al-' 3140), and many others.
though certainly not twenty years old; and Her-    Centuriones. — Next in rank to the Tribunus
tensius rose to the samle rank in his second cam- was the Centurio, who, as the name implies, compaign.  Augustus introduced certain regulations  manded a century; and the century, being termed
altogether new.  He permitted the sons of senators also ordo, the centurions were frequently designated
to wear the tunicas laticlavia  as soon as they as- ordinum dzuctores (hence, adimere ordines, oqffsre
sumed the manly gown, -and to commence their ordines, ordines iszmpetrare, &c.), words represented
military career as tribunes, or as commanders in the Greek historians by EcarovTadpXys  or ra(praefEcti) of cavalry (Suet. Octav. 38).  Such  VlapXor, and  more  rarely by XoXayos.   The
persons were the Tribuni Laticlavuii (Sueton. Dom. number of centurions in a legion was sixty, that
10), whom  we find frequently commemorated in  being at all epochs the number of centuries.
the inscriptions of the empire (Orelli, n. 133, 1665, (Dionys. ix. 107; Tac. Ann. i. 32.)
2379, 3113, 3143, 3441), and to these we observe    The moral qualities desired in a centurion are
allusions in Horace (Sat. i. 6. 25), and in Statius described by Polybius (vi. 24), who tells us that
(Syilv. v. 1. 97).  We find also,:in one passage at those regarded as best adapted for the office were
least, the phrase Tribtsunzs A s4gusticlavins (Suet.Otbh. persons not so much remarkable for daring valour'
10)..Te can scarcely suppose'that raw youths as for calmness and sagacity; men not eager to
entering the army for the first time were actually  begin a battle at all hazards, but who would keep
allowed to exercise the -authority which the name their ground although overwhelmed by a superior
implies; and hence we may conclude that in their force, and die rather than quit their post.  Their
case it was a mere honorary title.  By the later chief ordinary duties were to drill the soldiers, to
emperors, tribuneships were bestowed without re- inspect their arms, clothing, and food, to watch the
gard to the birth of the individual; and, in order execution of the toils imposed, to visit the centinels,
that they might have an opportunity of obliging a and to regulate the conduct of their men, both in
greater number of applicants, the post was fre- the camp and in the field.  They sat as judges
quently conferred for six months only.  Hence, we also in minor offences, and had the power of in-'
read in Pliny (Ep. iv. 4. 1), " Hunc rogo semestri flicting  corporal punishment, whence their badge
tribunatze  splendidiorem  facias," and in Juvenal, of office was a vine sapling, and thus vitis is fre"C Semestri vatuns digitos circumligat aulro," where  quently used to denote the office itself. (Tac. Ann.
there is ans allusion to the gold ring which formed  i. 23; Plin. H. X. xiv. 1; Martial. x. 26; comp.
one of their insignia.                            Juv. viii. 247, xiv. 193, vilem posce libello; Spar-'
Tribunes were, from a very early period, distin- tian. Hadrian. 10.)
guished by their dress from  the common soldiers    According to the system described by Polybius,
(Liv. vii. 34), and their equipments and rations the centurions were chosen according to merit by the
in the middle of the third century may be seen  tribunes (diTEXeea, raetcipXous a&ptT*rS',v), subject,
from a curious letter written by Valerian, when he  however, it is evident, to the control of the consuls
bestowed the command of certain battalions of (see Liv. xlii. 33, 34); during the decline of the reSaracens on Probus.  (Vopisc. Prob. 4.)  Under public, it was notorious that these posts were made
the empire they were attended by a certain num- an object of mercenary traffic (Quess enimn possumus
ber of apjparitores, or of soldiers who walked be- imnperatorem aliqzuo in nunzeropuotare, cuius in exerfore them (Lamprid. Alex. Sev. 52), by a Vicaries, citu veneant.centuriatus et venierint? Cic. pro Leg.
or aide-de-camp (Vopisc. Aurelian. 7. 10), and by  Manil. 13. Quid? centuriatus palam vensditos? Cic.
a person termed Corsicularius Tribuni (Val. Max. in Pison. 36); and under the empire, the greatest
vi. 1; Frontin. iii. 14; Orelli, Inscripp. Lat. 3465), corruption prevailed  (Tac. Hist. i. 52, iii. 49;
who was probably a sort of fugle-man who gave  Plin. Ep. vi. 25), although many laws, as may be
certain signals according to the orders which the  seen upon reference to the codes, were promulofficers wished to communicate -  thus we meet gated from time to time to remedy such disorders.
with the Cornicularius of a centurion (Val. Max.    The regular pay of the centurions is considered
vi. 1. ~ 11), of a propraetor (Orell.'3486), and  nmderanother head [STIPENDIUM]; but, in additiomn
others.  (Orell. 3487, 3522, comp. 1251, comp. to this, their income was increased by the money
Suet. Donm. 17.)                                  which they received from  the soldiers for leave
Tribuni Cohosrtium.-It has been maintained by  of absence, exemption from  fatiguing or disagreesome critics, that in addition to the six tribunes of able duties, and other indulgences.  Thisabuse, so
the legions tihere were ten inferior tribunes, each  subversive of all discipline, probably arose during
of whom comlanded a cohort. VWe have no rea- the confusion of the civil wars, and gradually be



EXERCITUS.                                         EXERCITUS.                  505
came so intolerable that Otho, to satisfy all par- rest took rank in like manner in regular order,
ties, granted to the centurions a fixed sum out of each containing three maniples.  The first maniple
the imperial exchequer as a compensation for these  in each cohort may have been considered as repreemoluments; and his example, in this respect, was  senting Triarii according to the ancient arrangefollowed by the most worthy of his successors. ment, the second maniple in each cohort as repee(Tac. Hist. i. 46; comp. i. 17.)  Even the tribunes  senting Principes, the third as representing Hastat.
appear to have derived perquisites, called stella-  If this hypothesis be admitted, the Prisnipilss,
turae, from the rations of the soldiers, and these, whom we find mentioned down to a very late date,
although  for a  time strictly prohibited, were  was, under the new system, the first centurion of
eventually recognised as lawful. (Spartian. Hadi.  the first maniple of the first cohort, and as such had
10; Spartian. Pescenn. Nig. 3; Lamprid. Atex. as formerly the charge of the eagle-; thus also,
&kev. 1,5; Cod. 12. tit. 38. s. 12; Cod. Theod. 7. when Caesar says (B. C. iii. 64), " Hoe casu
tit. 4. s. 28.)                                   aquila conservatur omnibus primae cohortis centuIt will be seen from  Polybius that of the two  rionibus interfectis praeter principem priorem," he
centurions in each maniple the one first chosen  must intend to designate the first centurion of the
took the command of the right division (6 juel  second maniple of the first cohort, who would at
7rpCor0S   aiPEOeLS  hyes'at'roO  6Et1tov  tEpovs   T'sr full length have been denominated priemus princeps
Crrelpas), the other of the left.  The century to  prior; in like manner, " Cretensi bello octave2.
the right was considered as the first century of the pIrincipens ducit " (Ep. ad Brut. i. 8) will denote
maniple, and its commander took precedence pro-  the second maniple of the eighth cohort, " Q.
bably with the title Prior, his companion to the left  Fulginius ex primo  lsastato legionis XIV. qui
being called Posterior, the priores in each of the  propter eximiam virtutem ex inferioribus ordinibus
three divisions of Triarii, Principes, and Hastati in eum locumn pervenerat" (Caes. B. C. i. 46), and
being the ten centurions first chosen.  (Polyb. vi. " Cum  signifer primi  hastati signum  non posset
24.)  So long as these divisions were recognised, movere loco " (Cic. le Div. i. 35), the third maniple
all the centurions -of the Triarii appear to have  of the first cohort.
ranked before those of the Principes, and all the    That great differences of rank existed among the
centurions of the Principes before those of the  centurions is evident from  the phrases primores
1 —astati.  Moreover, since  the  maniples were  centurionurn (Liv. xxvi. 5), primi ordines (i. e. chief
numbered in each division from 1 to 10, there was  centurions, Caes. B. C. vi. 6), as opposed to infeiprobably a regular progression from the first cen- riores ordlines (Caes. B. C. i. 46), and infimi ordlines
turion of the first maniple down to the second  (Ibid. ii. 35); and that promotion fiom a lower
centurion of the tenth maniple.                    to a higher grade frequently took place, is evident
The first centurion of the first maniple of the  from the career of Ligustinus as detailed by himTriarii, originally named (Liv. vii. 41) Centuzrio  self (Liv. xlii. 34), of Scaeva, who was raised "ab
Primus, and  afterwards Centerio Prinzipili, or octavis ordinibus ad primum pilum" (Caes. B. C.
simply Primipilsus, occupied a very conspicuous  iii. 53) for his gallant conduct at Dyrrhachium,
position.  He stood next in rank to the Tribuni and from many other passages of which it will hle
mnilitum; he had a seat in the military council sufficient to quote one from Caesar (B. G'. vi. 42):
(Polyb. vi. 24); to his charge was committed the  "Centuriones quorum nonnulli ex inSfriorins ordieagle of the legion, whence he is sometimes styled  nibus reliquarum legionumn  virtutis causa in supeA quilifer (Val. Max. i. 6. ~ 11; Tac. Hist. iii. 22; riores erant orclines humius legionis traducti;" but
D)ionys. x. 36), and, under the empire at least, his  we are ignorant whether in ordinary cases this
office was very lucrative (locupletern aquilam, Juv. promotion proceeded regularly, or was conducted
xiv. 197; Mart. i. 32, vi. 58).                   according to any fixed principle.  While on the
A  series of terms connected with these arrange-  one hand we should be led to infer that there was
ments are furnished by the narrative which Sp. some regular progression, from such observations as
Ligustinus gives of his own career in the 34th  " Erant in ea legione fortissimi viri centuriones
chapter of the 42d Book of Livy.  Hle thus  qui jms primis ordinibus cCppropinquarent" (Caes.
enumerates the -various steps of his promotion:  B. C. v. 44), and while it is probable that such
" Mihi T. Quinctius Flamiiinus decumums ordinein  was actually the case when the legion became perIhastatusn adsig navit... me imperator dignum ju- manent, so on the other hand it is difficult to see
dicavit culi priszm     hastatsum prioris centuriae ad- how promotion could have been systematic during
signaret... a M'. Acilio mihi primus?princeps  the long period when the legions were disbanded
prioris centuriae est adsignatus..  quater intra  annually, since the choice of the centurion depended
paucos annos primumn pilumn duxi."  The gradual entirely upon the discretion of the tribunes subject
ascent from  the ranks being to the post of cen- to the control of the general, who was himself
turion: 1. In the tenth maniple of the Hastati. 2. changed from year to year, so that those who served
In the first century of the first maniple of the Has- together in one season might be in different legions
tati.  3. In the first century of the first maniple of and different countries the next.  Nor was it lnthe Principes.  4. In the first century of the first constitutional for a centurion who had commanded
maniple of the Triarii.                           one of the higher companies to be called upon subBut even after the distinction between Hastati,  sequently to fill lower stations: this was not
Principes, and Triarii was altogether abolished,  common, as we perceive from  a case in which
and they were all blended together in the cohorts, strenuous resistance was offered by twenty-three
the same nomenclature with regard to the centuries  centurions " qui primos piles duxerant " to enrolling
and their commanders was retained, although it is  unless their former rank was guaranteed to them
by no means easy to perceive how it was applied.  (Liv. xlii. 32, 33), but this resistance was overcome,
The cohorts being numbered firom     to 10, and  and it was held, that the consul ought not to be
the first cohort having unquestionably the prece- prevented from assigning that post to any individual
dence over the others, we many suppose that the  in which his services were likely to prove most




506             EXERCITUS.                                        EXERCITUS.
valuable to the state.  It was not until the year ten maniples with an open space between each maB. C. 341, that a law was passed by which it was niple, but in two lines, each consisting of five coordained, that no one who had held the office of horts with a space between each cohort.
military tribune should be eligible as a centurion    4. The younger soldiers were no longer placed in
(ne quis, ubi tribunus militGum fisset, postea ordinum  the front, but in reserve, the van being composed
ductor esset, Liv. vii. 41), and at that time the  of veterans as may be seen from various passages
regulation was made in consequence of the dislike  in Caesar.
entertained by the soldiers to a particular individual    5. As a necessary result of the above arrangewho during a succession of years had been alter- ments, the distinction between Hastati, Principes,
nately a tribune and primipilus.                 and Triarii ceased to exist. These names, as applied
Optiones. - In like manner as the tribunes named  to particular classes of soldiers, are not found in
the centurions, so each centurion named his own  Caesar, in Tacitus, in the treatise of Hyginus on
lieutenant, who is called by Polybius obpayds, be- castrametation, nor in any writer upon military afcause his station was in the rear of the company. fairs after the time of Marius, while Varro explains
By Livy (viii. 8), a subaltern of this kind is named  them as terms no longer in use.  The-words Hassubcenturio, but the individual there mentioned was tatus and Princeps occur at a later period, in conselected for a particular purpose, and it seems clear nection with the legion, but are used only with
from Varro and Festus that the regular term was reference to the precedence of the centuries and of
optio, which signifies in general a person chosen  the officers by whom they were commanded, as we
(optatus), by another as an assistant.  They agree  have pointed out when treating of the centuriones.
as to the etymology, but the former (L. L. v. 91)    6. The Velites disappeared.  The skirmishers,
confines the term to the lieutenant chosen originally  included under the general term levis arnmatura,
by the decurio in a troop of cavalry, and adds that consisted for the most part of foreign mercenaries
the tribunes had assumed to themselves the patron- possessing peculiar skill in the use of some national
age, "' Quos hi (sc. decuriones) primo administros  weapon, such as the Balearic slingers (.funditores),
ipsi sibi adoptabant, optiones vocari coepti, quos the Cretan archers (sayittarii),. and the Moorish
nunc propter ambitiones tribuni faciunt," while the  dartmen (jaculatores).  Troops of this description
words of the latter (p. 198, ed. Miiller), although  had, it is true, been employed by the Romans even
very corrupt, seem to imply that they had been  before the second Punic war (Liv. xxii. 37), and
originally appointed by the tribunes, and the nomi- were denominated levium armatorum (s. armnoruz)
nation afterwards transferred to the centurions: anuilia (Liv. 1. c. and xlii. 65, where they are dis-' Optio qui nunc dicitur, antea appellabatur Ac- tinguished from  the Velites), but now the levis
census, his adjutor dabatur a Trib. Militum, qui armatura consisted exclusively of foreigners, were
ex eo tempore, quem  velint, centurionibus per- formed into a regular corps under their own officers,
missum est optare, etiam nomen ex facto sortitus and no longer entered into the constitution of the
est."  The explanation in the Excerpta of Paulus  legion; indeed, the terms legionarius and levis
Diaconus, is somewhat different from either: "Op- armatura became opposed to each other in the
tio est optatio, sed in re militari optio appelIatur Latin writers, just as 07rXrrai and *I/XoL among
is, quem  decurio ant centurio optat sibi rerum  the Greeks (e.g. " ceciderunt ex levi armatura
privatarum  ministrumo, quo facilius obeat publica  cccxxiv. ex legionariis cxxxviii," Auct. de B. Hisofficia" (p. 184, ed. Miiller).                 pan. 24, comp. Tacit. Ann. ii. 16).  The word
Fourth Period.  From the times of tlhe Gracchi velites is not found in Caesar, and that they had
until the downfall of' the Republic. -  The century  ceased to exist when Livy wrote is clear from the
which immediately preceded the destruction of the  expression in his description of the battle of Zama,
Roman constitution, was above all others a season  where after having used the word;"velitibus," he
of restless excitement and revolution.  A vast num- adds the explanation "' ea tune levis armatura erat"
ber of organic changes was introduced into the  (xxx. 33).  When operations requiring great acarmy, the greater number of which are commonly  tivity were undertaken, such as could not be perascribed to Marius, but, although he was un- formed by mere skirmishers, detachments of ledoubtedly the author of many most important gionaries were lightly equipped, and marched
modifications, others not less vital were the result without baggage, for these special services; and
of the new position assumed by the Italian states; hence, the frequent occurrence of such phrases as
and some must have required so much time for expediti, erpediti milites, expeditae cohortes, and even
their full development, that they could scarcely  expeditae legiones.
have been the work of a single individual.  We    7. The cavalry of the legion underwent a change
shall call attention very briefly to the leading  in every respect analogous to that which took place
features of the new system, in so far as they can  in regard of the light-armed troops.  Whoever
be gleaned from the pages of Sallast, Caesar, and  reads with attention the history of Caesar's camPlutarch, who must be here regarded as our chief paigns in Gaul, will perceive that the number of
guides.                                          Roman equites attached to his army was very small,
1. In the first consulship of Marius, the legions and that they were chiefly employed as aide-dewere thrown open to citizens of all grades, without camps, and on confidential missions.  On the other
distinction of fortune.  (See above.)            hand, it is evident that the bulk of his cavalry con2. The whole of the legionaries were armed and  sisted of foreigners, a fact which becomes strikingly
equipped in the same manner, all being now fur- apparent when we read that Ariovistus having
nished with the pilumn; and hence we see in Taci- stipulated that the Roman general should come to
tus (Ann. xii. 35) the pila and gladii of the legion- their conference attended by cavalry alone, Caesar
aries, opposed to the hastae and spatlmae of the  feeling no confidence in his Gaulish horse, disauxiliaries..                   mounted them and supplied their place by soldiers
3. The legionaries when in battle order were no  of the tenth legion. (B. G. i. 42.) In like manner
longer arranged in three lines, each conneiting of they ceased to form part of the legion, and from




EXERCITUS.                                         EXERCITUS.                  h (7
this time forward we find the legions and the  seventy years afterwards, that we see Cicero passcavalry spoken of as completely distinct from each  ing through all the highest dignities and attaining
other (e.g. Caesar, B. G. v. 11,18; Appian, B. C. to the consulship, although his experience of a
v. 5).  Whether there was not to a certain extent military life was limited to a single campaign under
a return to the ancient system under the empire, is  Pompeius Strabo.
a question which will fall to be considered in the    Fifthl Period.  From the establishment of the larnext section.                                     perial government until the age of the Anta nines~
8. When, after the termination of the Social War, B. c. 31-A. D. 150.-We shall be enabled to form
a large proportion of the inhabitants of Italy were  a correct idea of the materials which constituted an
admitted to the privilege of Roman citizens, the  imperial army during the first two centuries of our
ancient distinction so long maintained between the  era by passing under review the various kinds of
Legiones and the Socii at once disappeared, all who  troops for which Hyginus proposes to provide aehad formerly served as Socii became as a matter  commodation in the camp, whose construction he
of right incorporated with the legiones, and an  describes [CASTRA].  We shall not take these
army during the last years of the republic and  precisely in the order in which they are named by
under the earlier emperors consisted of Romanae  him, but shall endeavour to arrange them  sysLegiones et Auxilia s. Auxiliares, the latter term  tematically.
comprehending troops of all kinds, except the    A regular army during this period consisted of
legions and the imperial guards, whether infantry  a certain number of Legiones and of Sspplenzenta,
or'cavalry, light armed or heavy armed, merce- the Supplementa being again divided into the imnaries in the pay of the state or contingents fur- perial guards, which appear under several different
nished at the cost of kings and cities in alliance  forms, distinguished by different names; and the
with Rome.  The infantry, not legionary, was for Auxilia, which were subdivided into Sociae Cothe most part organised in battalions called co- hortes and Nationes, the latter being for the most
eortes, the cavalry in squadrons called alse, the  part barbarians.
numbers in each cohors and ala varying according     1. The Legiones, as we have already had oecato circumstances, and hence such phrases as alae   sion to point out, although still composed of perazxiliaque cohortiums  (Tacit. Ann. iv. 5); agmen  sons who enjoyed the privileges of Roman citizens,
legionum alae coortesque praeveniebant. (Tacit. H. were now raised almost exclusively in the proii. 11.)  Whenever the word socii is applied to  vinces; and hence Tiberius, when about to undertroops after the date of the Marsic war, it is gene- take his long projected progress through the prorally to be regarded as equivalent to auxiliares, vinces, alleged as one of his excuses for quitting
although a distinction is occasionally drawn be-  Italy, the necessity of recruiting the legions by
tween socii in the sense of the civilised allies or a regular levy or conscription.  (Tae. Ann. iv.
subjects of Rome, and the barbarian Germans, 4.)  The legion was divided into ten cohorts, aLd
Numidians, Spaniards and others who are more  each cohort into six centuries; the first cohort,
specially termed auxiliares (AUXILIARES dicuntur  which had the custody of the eagle, was double
in bello socii Romnanorzmu exterarumn nationum, Paul. the size of the others, and contained 960 men, the
Diac.).  In the description of the army of Germa-  remaining cohorts contained each 480 men; and
nicus, as marshalled to encounter Arminius, sociae  consequently each ordinary century $0 men, the
cohortes is used in the most extended signification, total strength of the legion being thus 5280 men.
for we are told that the army was composed of    2. Legionum Veeillarii.  The term Vexillarii or
auxiliares  Galli Germanique, pedites sagittarii,  Vexilla, which is found repeatedly in Tacitus, has
quatuor legiones, dune praetoriae cohortes ac delecti proved a source of the greatest embarrassment to
equites, quatuor legiones, levis armatura, equites commentators, and a vast number of hypotheses,
sagittarii, CETERAE sociorum cohortes.            all of them  highly unsatisfactory, have been pro.
9. The manner of levying troops in Italy must pounded in order to reconcile the statements of the
necessarily have changed with this change of cir- historian, which at first sight appear replete with
cumstances.  We are destitute of any definite in-  contradictions.  But the difficulty has arisen enformation, but, in all probability, a system of con- tirely from almost all critics having entered upon
scription was established and carried out by means  a wrong path from the very first, starting upon the
of Conquisitores, such as were occasionally appointed  supposition that Vexillarii, in every case, denoted
in ancient times when difficulty was experienced  troops of the same kind, whereas, in reality, the
in finding men (see Liv. xxii. 11; comp. Cic. ad  word is a general term; and we must ascertain its
Att. vii. 10; Hirt, B. Alex. 2); and we find that signification in each particular case from the words
the Emperor Tiberius was not satisfied with ob- with which it is immediately joined or the general
taining volunteers, whom he regarded as, for the  context of the passage.  Vexillnum   is used in the
most part, an indifferent class of soldiers, and in-  earliest account of the manipular legion (Liv. viii.
sisted upon the necessity of recruiting the legions  8) to denote the standard of the ordo or maniple,
" delectibus."  (Ann. iv. 4.)                     vexillarius being the standard bearer; and in pro10. The most important change of all, in so far cess of time, vexillum was employed to denote any
as society at large was concerned, was that to  military standard whatsoever, except the sacred
which we have already adverted, the establishment  eagle of the legion.  By a careful examination of
namely of the military profession, and the distinc- the various passages in Tacitus where Vexillarii
tion now first introduced between the civilian and  are mentioned, it will be seen that he designates'the soldier.  This naturally led to the abrogation  by this appellation any body of soldiers serving
of the rule, still in force when Polybius wrote, by  apart from the legion under a separate ensign, or
which no one could hold any magistracy (QroM- even an army collectively.  In this sense we must'rlfiv apXhyv) until he had completed ten years of understand such expressions as Vexillumz tironuma
military service, a rule which had fallen so comr-  (Ann. ii. 78); Germanica yexilla (Hist. i. 31);
pletely into desuetude in the course of sixty or  Germanis vexillis (Hist. i. 70); Texilis inferioris




/;08             EXERCITUS.                                         EXERCITUS.
SGeri eaniae pr aeventies est ('I-ist. i. 53); Equlitul)    guards instituted by himself, who are described by
exillac  (rist. ii. 11).  Compare, MCanipzli ante   Suetonius (Galc. 10), "Delegit et equestris ordinis
coeptanm  seditiones  Nsauportuzmn  snissi... vexilla  juvenes, qui, manente annulorum  aureorumn  usu,
convellugt (Ann. i. 20).  But when Vexillcrii or Eeocati appellarentur, excubiasque circa cubiculumn
Vreaillae are accompanied by any word which de-  suum vice militum agerent."
notes an immediate connection with a legion, as    4. Cohortes Praetoriae.  To these a separate
exillari ci dscorcdiue legionslro (Ann. i. 38); quareta  article is devoted.  [PRAETORIANI.]
decize  legio cuznz vexillariis vicesimanis (Ann. xiv.    5. Eqsuites Praetoriani.  [PRAETORIAN1.]
34); cun vexillis nonae secundaeque et vicesihnze    6. Prinzipilares. These, according to the arrangeBritanasicarccu legionuse (Hist. iii. 22), then they  ments of the Hyginian camp, were placed close to
bear a specific meaning connected with certain  the person of the emperor, and must have been a
changes introduced by Augustus.  We have seen  small corps, consisting of persons who had disthat under the republic a citizen might be called  charged the office of legionary Prinzipilts, and
upon to serve for twenty years in the infantry; who now acted as guards or aide-de.camps to the
when the legions became permanent the full pe- commander-in-chief. Primipilares is met with freriod was generally exacted, and those who chose  quently in Tacitus and in inscriptions (e.g. Tacit.
to remain after their time was completed, were  Ann. ii. 11, iv. 72, Hist. i. 31, 87, ii. 22, iii. 70,
termed v'eterani.  Augustus, in the year B. C. 13, iv. 15, Ann. xiii. 36; Orelli, No. 517, 748, 3568).
limited the period of service to twelve years for the    7. Officiales.  These appear to have been public.
praetorians, and sixteen for the legionaries, after servants.  Thus we read in Appuleius of the offiwhich they were to be entitled to an honourable  cialis of an aedile, and in Ulpian of the officialis of
discharge (emissio lhoeesta), and to receive a bounty  a praefect.  (Dig. 36. tit. 4. s. 5; comp. Gruter,
(graenzsum, conzzmoda missioezsnz); but not long  Inser. p. ccccxxii.; Orelli, No. 2952, 4013.)
afterwards, A. D. 5, it was found necessary to in-    8. Equites Sinqulares Imperatoris.  These are
crease the period to sixteen years for the prae-  classed by Hyginus along with the Equites P'acetorians, and twenty for the legionaries.  At this  toriani, were like them  quartered in the Latera
time it appears probable that the practice was first Praetorii, and equalled or slightly exceeded them
introduced of discharging the soldiers from  the  in number.  The only classical author by whom
legion at the end of sixteen years, and keeping  they are noticed is Tacitus, who, in that portion
them  together under a vexillum  with peculiar  of his Histories (iv. 70) where he is describing the
privileges during the remaining four years of their  confusion that arose upon the death of Vitellius,
service.  Abuses, however, crept in, and many  mentions among the troops " alac Singulrwium exsoldiers, instead of being pensioned off at the end  cita olim  a Vitellio, deinde in partes Vespasiani
of twenty years, were compelled to remain for a  trarnsgressa," but they are very frequently commuch longer period, and the discontent caused by  memorated in inscriptions, as Equites Singulares s.
such oppression gave rise to the formidable mutinies  Sinzgslarlii Iszspe-rca tos-is -Agcusti-Caesac-is-Doin Pannonia and Germany, which burst forth im-  mini Nostri, &c. (Orell. No. 3525, &c., 3100,
mediately after the accession of Tiberius.  The  3496, 1576),and on one stone we read T. FLAVIUs.
soldiers then demanded that the original arrange-  QUINTINUS. EQ. SING. AUG. LECTUS. Ex. EXERment by Augustus should be restored, and that CITU. RAErIco. Ex. ALA. FLAVIA. PIA. FIDELI.
they should receive a full discharge and the bounty  MILLIARsA. (Qrell. No. 3409), which may lead
at the end of sixteen years; while, in order to  us to suppose that they received their appellatioc
calm their wrath; Germanicus proposed to put an  in conseqluence of being selected individually from
end to the disorders of which they complained, other corps, and thus they may belong to the same
and to carry honestly into effect the second arrange-  class with the Eqscites Electi (Orell. 31 55) and the
ment according to which they were to serve in the  EQ. CUST. AUG. (Orell. 4453).
legion for sixteen years, and then being embodied    9. Stato/es.-Hyginus assigns a place for two
under a vexillum by themselves to be relieved  " Centuriae Statorum " immediately in the rear of
of all irksome labours, and to be required only to  the Praetorium which they protected, and allots to
face the enemy in the field. (Dion Cass. liv. 25, them, as to the Praetorians, twice as much space,
Iv. 23; Suet. Octav. 49; Tacit. Asnn. i. 17, 36, the  in proportion to their numbers, as to the troops of
proposal contained in the last passage being in  the line.  Hence, it is evident that they were
these words: missionenm  dari vicena stipendia me- ranked among the life-guards, although members of
ritis; exsuctorari, qui senadena f/cissent, ac retineri  their body may have been employed in the capacity
sub vexillo, cetelrorzm  immcseunes nisi propulsandi of couriers, as persons bearing the same designation
hostis).  The'exillarii or vexilla le/ionsue, then, certainly were employed both under the republic
were those soldiers who, after having served in  and the empire by those invested with military
the legion for sixteen years, became exawctorati,  command. (Cic. ad Fanm. ii. 17, 19  " ut ad te
but continued to serve in company with that legion, statores   meos et lictores cum literis mitterein'
under a vexillum of their ovn, until they received  comp. x. 21; Vuicat. Gallic. Avid. Cass. 9; Lamtheir fill discharge.  Hyginus states the number  prid. Alex. Sev. 52; Ulpian, Dig. 1. tit. 16. s. 4.)
attached to each legion as usually about five or six  In inscriptions  we find STATOR. AUG. (Orell.
hundred.                                           3524), STATOR. CIVITATIS. VIENES. (Ib. 2780),
3. Evocati (&vaicXA'ro).  Dion Cassius tells us  and once STATORUMI EVOCATI. (Ib. 3422.)
that Augustus began to employ troops bearing this    10. Speculatores, although not provided for by.
denomination when he called out (KdeAe'(rez,) the  Hyginus, ought to be mentioned here, since thev
veterans of Julius Caesar to aid him  against An-  also occupied a place anlong the personal attendants
tonius.  They still, says Dion, form  a peculiar  of the emperors (Ipsusz Othonem  comzitabanztur
corps (vo%'or-Vua's'lov), and carry sticks in their  speculatorunz, lecta corpora, Tacit. -list. ii. 11.
hands like centurions. (Dion Cass. xlv. 12, Iv. 24). comp. i. 24; Suet. Octav. 74.).  They were the
GCalba gave the na'ume of Elveocati to a body of life-  executioners of the army (Senec. de Inr, i. 16;




EXERCITUS..EXERCITUS.                  509
St. Mark, vi. 27, and comment. of Cihrysost.; comp. named above was guarding the pioneers as they
Suet. Calig. 32), and seem to have acted as couriers  performed their labours in advance of the army.
likewise.  (Tacit. Hist. ii. 73.)  They formed a  When Tacitus speaks of " Alares Pannonios,
regular corps with officers of their own (Tacitus  robur equitatus"  (Ann. xv. 1 0) he must mean
speaks of an optio specultorunm, H. i. 25), and  cavalry of a different description from  the Panmust have been numerous, as appears from such  nonii veredarii of Hyginus, who, probably, reexpressions as "praetoriarum cohortium et specula-  sembled the Cossacks of modern warfare.
torum  equitumque valida manus" (Tacit. H. ii.    14. Cohlortes peditatae, were battalions raised
33); and from inscriptions where mention is made  chiefly in the provinces, composed of Roman citiof a sixth cohort of speculatores (Orell. 3518); zens, of subjects and allies, or of citizens, allies,
while from another inscription, in which a certain  and  subjects indiscriminately.  They were, it
L. Veturius is styled PRARF. TURMAE. SPECu-  would appear, not bound down by the same strict
LAT., it is manifest that there must have been  rules with regard to the period of service as the
mounted speculatores.  The word is used also by  legionaries, not so heavily equipped, and not subTacitus to denote an ordinary scout. (Ann. ii. 12.) jected to the same exhausting labours.  Vegetius,
11. The scouts, however, formed a distinct body  in the chapter where he endeavours to account for
under the name of Eilor-tores, and Hyginus  the decay of the legionary force (ii. 3), throws
quarters them appropriately at the extremity of the  some light upon these points.  To this class of
camp nearest to the Praetorian gate, and close to  troops belonged the co/osrtes auxiliares, the a xilia
the Pioneers.                                      cohortium, and the sociorzum cooeorles, of whoom we
12. Alae. —From  the time when the cavalry  read in Tacitus, together with a multitude  of
were separated from  the legion they were formed  others recorded in inscriptions and named for the
into bodies called alce, which varied in number most part from the nations of which they were comaccording to circumstances.  Hyginus provides ac- posed.  The expression co7eorter decienam octavaen
commodation in his camp for four Alae /Milliariace,  (Tacit. H. i. 64) indicates that these cohorts were
and for five Alae Qeingenariae.                    numbered regularly like the legions.  Hyginus
The Ala, Milliaria was divided into 24 turmae, provides accommodation for Cohortes ped/itatce  nleach of which, according to the conjecture of liariae tres, and(Cohortes peditatae qzingenaeriae tes.
Schelius, consisted of 40 men except the first    15. Cohortes Equitatae differed from  the Ped-iwhich had 80.  The commander of the whole was  tatae in this only, that they were made up of inthe Praefectzs Alae, the inferior officers were 24  fantrv combined with cavalry.  A Coors sEquitata
clecizriones, 24 duplicarii, and 24 sesquiplarii, that Af'illiacria contained 760 foot soldiers divided into
is, a decurio, a duplicarius, and a sesquiplarius for  10 centuries, and 240 horsemen divided into 10
each turmna.                                       turmae.  A Colbors Equitata quingenaria contained
The Ala Quingenaria was divided into 1 6 turmae  380 foot-soldiers divided into six (?) centuries and
with a decurio, a duplicarius and sesquiplarius for  120 horsemen, divided into 5 turmae.  There is an
each, and we may suppose that each turma con-  inscription in the collections of Gruter (p. Mcvri.)
sisted of 30 men except the first, which thus would  to the memory of L. Flavius, who a=mong other
have 50.                                           military titles is styled PRAEF. CoH. PcIsIMiE.
Each decurio had three horses allowed to him,  EQUITATAE. CIV. ROMAN. IN. GERMAN. INeach duplicarius and each sesquiplarius two horses,  FERIORE; Pliny, in one of his epistles (x. 108),
so that the total number of horses in the Ala 1M1il-  and Trajan in his reply, make use of the terms
liadic  was 1090, and in the Ala Quisngenaria 504,  Cob/ors equestris, the former mentioning a centurion
exclusive of those belonging to the P-aeeficti.    in connection with it, which proves that it contained
It is evident that the dclplicarcii and sesquilolaii infantry.  Tacitus (Hist. iv. 19) speaks of cohorts
here named were subalterns; according to the  of the Batavi and Canninefates, who, among other
ancient signification of duplicarius, as interpreted  demands, insisted that the number of horse should
by Varro (L. L. v. ~ 90), it denoted a soldier who  be increased  (augeri nunersum  eqzuitm)i);  and
on account of his valour was allowed double ra-  Josephus, in describing the army of Vespasian;
tions (comp. Liv. xxiv. 47, ii. 59), which must of notices 10 cohorts (arelpar) of 600 infantry and
course have been convertible into increased pay.  120 cavalry, a series of passages which evidently
(Orelli, C. I. 3535.)  Such persons are frequently  refer to Cbhortes Equitatae.  The Cohortes Pepresented to us in inscriptions under the cognate  dilatae are not mentioned under that name except
forms dZplcarius, duplicarius, and duopliciarius. Thus  by Hyginus, but are indicated by Tacitus in the
we have DUiPL. N. ExPLOR. (Duplarii numeri  words (Ann. xiii. 35), "c ex Germania legio cum
ecplorator-um, Orell. 206); DUPLARIO  LEG. I.  equitibus alariis et Fedilctss co/sortiumz.". 1-yginus
(lb. 3531); DUPLARIus ALARIUS (Ib. 2003);  allows space for Cohortes equitatae milliariee duae;
DuPLICARIUS (lb. 3533); DUPLICIAR. (lb. 3534). and Cohortes eqzltatae qzingenariae quatuor.
Sesqui2plarius, which evidently denotes a soldier    16. CGassici, which we may fairly render M1cwho received a ration and a half, appears in no  rines, were employed, according to Hyginus,. as
authors except Hyginus and Vegetius, of whom   pioneers. They corresponded to the Navales Socii,
the latter gives them gold collars and styles them   under the republic, who were always regar-ed as
Torquati duplares, torquati sesquiplares (ii. 7), but  inferior to regular soldiers, and were recruited, as
the title is met with in inscriptions. (Orell. 3470.)  we learn from  Polyhbins, among those persons
13.  lausri Equites.  -Pannonii  Veredarii. -   whose fortune did not entitle them to enlist in the
The Alae were raised in the Roman provinces and  legions.  After the establishment by Augustus of
consisted, probably, for the most part, of citizens,  regular permanent fleets at Misenum, Ravelmnna,
or at least subjects.  But in addition to these  and on the coast of Gaul, a large body of men
every army at this  period  was  attended  by  must have been required to man them, who, when
squadrons of light horse composed entirely of bar-  their services were not required ailoat, were (called
barians; and the chief duty performed by those  upon, at least in great emergencies, to serve';sL




bO1              EXERCITUS.                                         EXERCITUS.
ordinary soldiers.  Tacitus mentions at the cornm- o  7rXE'ov XIeL liPcos) on the right side. I he select
mencement of his history (i. 6), that Galba found  infantry in attendance upon the general carried a
in the city a legion "quam e classe Nero conscrip- long spear (AdOyXXV, hastaln), and a round shield
serat" (comp. Dion Cass. Lxiv. 3; Suet. Galb. 12; (ao'7riaa, clipeum); the rest of the legionaries (j7
Plut. Galb. 15), which he subsequently (i. 31, 36)  Be Xoaril qxdiAay) a pilunm (?) (vuordv), and a
terms "legio classica" and " classicorum  legio"  scuturn. (UpvlpEb, /sr11uj  ).  In addition, each man
(comp. iL 1l, 14, 17, 22, iii. 55), and elsewhere  had a saw and a basket (7rpi'ova Ical Kdpiov), a
(ii. 67) we hear of the " prima classicorum legio."  mattock and a hatchet (6,uxs Ksal 7rehAeevK,), a leather
ll the Annals classiarius is the form  which he  strap, a hook anl a chain (iudyara seal aploravogenerally employs, as classiariorum copia (Ann. iv.  sal  hAvoIv), together with provisions for three
27), and centurioee classiario (Ann. xiv. 8).      days, - so that. says Josephus, the Roman in17. Nationes. - These occupied the same posi-  fantry differ little from mules of burden.
fiea with regard to the sociae co/tortes, that the    The Equites wore helmets and cuirasses like
allImir and Phanenoii Veredarii did with regard to  the infantry, with a broadsword at their right side
the regular Alke of cavalry.  They were battalions  (,udXaipa paisacpi), and carried in their hand a long
composed entirely of barbarians, or of the most pole (KOVbrrS lrm/jreS); a buckler swung at their
nmcivil'sed among the subjects of Rome, and were  horses' flank  (uvpebs 3p   7rapa  7rXEvpha9''rroL
probably chiefly employed upon outpost duties. orAdTyos), and they were furnished with a quiver
HIyginus allows space for 3300, consisting of Pal-  containing three or more javelins (dfcovres), with
sozyrcsti; Gaetae; Daci; Britones; Canztabri.      broad points, and as large as spears ( ovrl &aroieov-.
Urbanae Co/tortes. - We may take occasion to  Tres E aopiaTW  yEeOos). Those selected to attend
notice in this place two bodies of men established  the general differed, in no respect, in their apduring the first years of the empire, who held a  pointments from  the regular cavalry (r'v E' TrasS
station intermediate between regular troops and ]lais Lr7r4eav).
an armed police, their services being, properly    The Jewish historian has moreover given an acspeaking, confined to the city.  These were the  count of the Aymen or line of march in which the
EUrba/xe   Co/tortes and the Co/tortes Vigilum.   army of Vespasian entered Galilee (B. J. iii. 6. ~ 2),
Dion Cassius (lv. 24) informs us that Augustus, this being, he adds, the regular arrangement folin addition to the praetorian cohorts, instituted a  lowed by the Romans.  1. The light-armed auxforce of city guards, amounting to six thousand  iliaries and bowmen (roe5s /1  -ye  di;sous TWV i7rimen idivided into four battalions: to these he else- KOVspwv Kal -rso4Tas) advanced first to reconnoitre.
where gives the name of &ertKoe (lix. 2), while, to examine woods and suspicious localities, and to
by the Latin writers, they are usually distin-  give timely notice of the approach of an enemy.
guished, as Co/hores Urbanae  or Urbana militia, 2. A detachment of Roman heavy-armed troops,
theoir quarters, which were within the city, being  horse and foot ('Povua[wvy 6orT7rrtci) /eopa, 7reoeS.re
the Ulbana Castro. According to Tacitus, who  seal yroress).  3. Ten men out of each century car-.tates the number of cohorts at three only, they, rying their own equipments and'the measures of the
like the praetorians, were levied in Latium, Umbria, camp (QuiEpa Tr/s orapIeAoxAs).  4. The pioneers
Etruria, and the ancient Roman colonies (Tacit. (MSo7roete).  The baggage of Vespasian and his
Asnn. iv. 5), and were under the immediate com- legati (-re  v7r' auTa?'iepdyoCvCy) guarded by a
mand of the praefect of the city, whence it was  strong body of horse.  6. Vespasian himself atsurged upon Flavius Sabinus (Tacit. Hist. iii. 64), tended by Selecti Pedites, Selecti Equites, and a body
4' esse illi proprium militem cohortium urbanarum."  of spearmen  (AXo pdxoppovs).   7. The peculiar
C/hortes Vigilsm. -  Augustus organised a large  cavalry of the legion ('ob lLov -roi -rtyaToss Oar7body of night-watchers also, whose chief duty was mrKbv), for, he subjoins, each legion has 120 horse
to act as firemen (Adversus incendia excubias noc- attached to it.  This we perceive was a return, to
ursnas  zgilesque commentus est, Sueton. Octav. 30). a certain extent, to the ancient system.  8. The
They were divided into seven cohorts, in the pro- artillery dragged by mules (or Ta-'  eAEhrdAEXs pei-;portion of one cohort to each two Regiones, were  porerEs OPers Kal Ti Axorra ey77Xasv'ara.)  9. The
stationed in fourteen guardhouses (excubitoria), legati, praefects of cohorts and tribunes (-ysesu'es,and are called  VUsospvdAa Ks by the Greek, Co-   e Kseal o7rElpcs, EOrapXOL ourb XLALdpXOL)' guarded,/ortes VigilsEms by the Latin writers.  They were  by a body of picked soldiers.  10. The standards,commanded by a Praefectus (Tacit. Ann. xi. 35), surrounding the eagle (atr oa-Izaiat repi`'Xoveac
who was of equestrian rank; but the corps, in con-  b-y a'ETod).  11. The trumpeters (oer aaAh7rty7ea[).
sequence of being raised among the class of li-  12. The main body of the infantry (i  cpdXaaya)
bertini, was regarded as occupying a position in-  six abreast, accompanied by a centurion (lena-osferior to, that of regular soldiers (Dion Cass. Iv. 26, TdapX-qs), whose duty it was to see that the men
lix. 2).  In Tacitus (Hist. iii. 64), they are termed  kept their ranks.  13. The whole body of slaves
the servieia of tihe aristocracy, and Suetonius (Octav. attached to each legion (ob OltKETaKbs eiCKd'ov O Ty25) alludes to them as "libertino milite." (Comp. gua-aos), driving the mules and beasts of burden
Dig. 1. tit. 1.5 s. 3.)                            loaded with the baggage.  14. Behind all the legions followed the mercenaries (6  ieOt6ios OXAos).
Equioepmm  eft ite Tsroops unEder th~e Empire 15. The rear was brought up by a strong body of
Josephus has transmitted to us a description of infantry and cavalry.  Josephus seems to desigthe equipment of the Roman troops, and his testi-  nate the legati by the word yeIudves, the Tribuni
anony is peculiarly valuable, proceeding, as it does, militunz by AoXoayoe  or XiAidpXoi, the centuriones
from a competent eye-witness (B. J. iii. 5. ~ 5).   by TaiacpXot or EKaa-or-apXatl; whether he means
The infantry wore cuirasses, helmets, and two  by obpasoi (in iii. 6. ~ 2) the optiones who are so
swords (acpati re 7retppay/'vos t stal tepcr'o- seal designated by Polybius, or intends to comprehend
aaXampoepopoeares aJrupore'pwoeV), that is, a long  the whole rear-guard under the appellation, may
sword on the left, and a short dagger (oe7rt0,.,cs;  admit of doubt.  Four words are used to denote




EXERCITUS.                              EXHIBENDUM, ACTIO AD.  511
weapons of the spear kind, -- UOrTdv  probably in- much that belongs to the cavalry is necessarily intended to represent the pilum, for which  ralods is cluded under EQUITES; the position of the allies
generally employed; Kgiwv the light javelin; XdyXVq in the service under SociI; the life-guards under
and  ldpu, pikes of different kinds.  It would ap- PRAETORIANI; the pay of the soldier under
pear from Arrian that the Ad6yX7 was sometimes  STIPENDIUM; a detailed account of his armour
used as a missile.                               and weapons under GALEA, LORICA, OCREA,
Finally, some additional light will be thrown  CALIGA, HASTA, PILUM, GLADIUS, SCUTUM,
upon the constitution of a Roman army about half a  &c.; of his dress under CHLAMYS, PALUDAcentury later by the instructions issued for the line  MENTUM, SAGUM; of the standards under SIGNA
of march to be observed by the force despatched  MILITARIA; of military processions under OVAagainst the Scythian Alani, preserved in the frag-  TIO, TRviMPHUvs;     of punishments under FVSTUment of Arrian, of which we have spoken above.   ARIUM, DECIMATIO; of military rewards under
The force in question consisted of the fifteenth  TORQUES, PHALERAE, CORONA; of military enlegion, which was complete, and of the twelfth, gines  under TORMENTUM,  ARIES, VINEAE,
which appears to have been a fragment only, these  PLUTEI, HELEPOLIS, TURRIS, &c.   [W. R.]
legions having both cavalry and. skirmishers at-    EXETASTAE  (e'ratevral), special commistached to them exactly as under the republic - of sioners sent out by the Athenian people to investiseveral cohortes equitatae, composed of Italians, gate any matters that might claim attention. Thus
Cyrenians, Armenians, and others, each of these  we find mention of Exetastae being appointed to
battalions containing heavy and light infantry to- ascertain whether there were as many mercenaries
gether with squadrons of cavalry - of cohortes pe- as the generals reported. It appears to have been no
ditatae, including infantry only, both light and  uncommon plan for the commanders, who received
heavy, and of light cavalry of the allies and of pay for troops, to report a greater number than
barbarians.  The order in which they were to ad- they possessed, in order to receive the pay themvance was as follows: —                          selves; in which case they were said "to draw
1. Horse scouts (icaraoic&rrovr hr7iar), horse  pay for empty places in the mercenary force"
archers and slingers (1irorooSto'Tas ical reTrpalovs), (fAW'ocpops  e'v d'r4 eVlt KeCass7 Xcipajs, Aeschin.
commanded by their own decurions (68ecascpXaL). c. Ctes. p. 536).  The commissioners, however, who
2. Various corps of foreign cavalry, Cyrenians, were sent to make inquiries into the matter, often
Ituraeans, Celts, and others, of whom the names allowed themselves to be bribed.  (Aeschin. c.
are doubtful.  3. The whole of the infantry arch- Timarch7. p. 131, De Fals. Leg. p. 339; Bdckh.
ers, followed by different bodies of heavy-armed  Publ. Eeon. qf Athens, p. 292, 2nd ed.)
infantry, not legionaries, Italians, Cyrenians, Bos-    EXHERES.  [HEREB.]
poranians and Numidians, the flanks of this division    EXHIBENDU M, ACTIO AD. This action
being covered by cavalry.  4. The equites selecti was introduced mainly with respect to vindicaand the equites of the legion (o &7rhb Trs pdihay-yos tiones or actions about property.  " Exhibere'" is
i7rcr-es). 5. The artillery (icKava7re'rAv).  6. The  defined to be " facere in publico potestatem, ut ei
standard (e4puEe7o) of the fifteenth legion, and  qui agat experiundi sit copia."  This was a peraround it the principal officers, namely the com- sonal action, and he had the right of action who
mender of the legion (TyEIZ&, T-ris 4pdAayyos), the  intended to bring an actio in rem.  The actio ad
legatus (?) (U'ra'pXos), the tribunes (or XAiLdpXoL), exhibendum  was against a person who was in
and the centurions of the first cohort (EhcaTdv'JapXal possession of the thing in quest4on, or had frauduo0 TrS 7rpc6Tr1s orreLprs  irT a'Tr&'dra).. Here, it will lently parted with the possession of it X and the
be remarked, we meet with an officer called the  object was the production of the thing for the pur~7fY5?&i r'rs Qpuixayyos and his deputy or nra'pXos. pose of its being examined by the plaintiff.  The
7. The infantry of the legion, four and four, pre- thing, which was of course a movable thing, was
ceded by their own skirmishers (7reEd  0 o acoiV-cr- to be produced at the place where it was at the
-at).  8. Foreign ('rb cuLlaSXLb~K) infantry, both  commencement of the legal proceedings respecting
light and heavy. 9. The baggage (Ta& oKevopdpa). it; but it was to be taken to the place where the
10. The rear brought up by an ala of Getae under action was tried, at the cost and expense of the
their praefectus (EsiApXqis).  The centurions were plaintiff.
to march on the flanks of the infantry, keeping the    The action was extended to other eases: for inmen to their ranks: for the sake of greater security  stance, to cases when a man claimed the privilege
a body of horsemen was to ride in single file along  of taking his property off another person's land,
the whole length of the line; the commander-in- that other person not being legally bound to restore
chief, Xenophon, was to march in front of the in- the thing, though bound by this action to allow
fantry standards, but to move about occasionally  the owner to take it; and to some cases where a
from place to place, watching everything, and pre- man had in his possession something in which his
serving order everywhere.  It appears that of the  own and the plaintiff's property were united, as a
cavalry some were archers (iairroT0'oTaW), some jewel set in the defendant's gold, in which case
lancers (XoyXoqp6pot), some pole-men (KOv'reodPOmt), there might be an actio ad euhibendum for tihe
some sword-men (puaXatpoeppoi), some axe-men  purpose of separating the things (at excludatur ad
(rexetcoodppL); these and many other curious par- exhibendfm agi potest, Dig. 19. tit. 4. s. 6).
ticulars may be extracted from the detailed account    If the thing was not produced when it ought to
of the Ag-men, and from the Acies or scheme of have been, the plaintiff might have damages for
battle by which it is followed; but unfortunately  loss caused by such non-prodsrtion.  This action
we are so much embarrassed at every step by the  would lie to produce a slave, in oMder that he might
uncertainty of the text that it is scarcely safe to  be put to the torture to discover hiis confederates.
form positiveconclusions.                          The ground of the right to the production of a
A great many topics connected with a Roman  thing, was either property in the thirg or some inarmy are discussed under separate articles: thus, terest; and it was the business of the jidex to




512               EXODIA.                                         EXOMOSIA.
declare whether there was sufficient reason (ijusta  Romans, and continued to be played down to a
et probabilis cause) for production.  The word  very late period. (Sueton. Domit. 10.)  [L. S.1'interest" was obviously a' word of doubtful im-    EXO'MIS (edbbfs), a dress which had only a
port. Accordingly, it was a question if a man could  sleeve for the left arm, leaving the right with the
bring this action for the production of his adver-  shoulder and a part of the breast free, and was for
sary's accounts, though it was a general rule of law  this reason called exomis.  It is also frequently
that all persons might have this action who had an  called XT&rv E'repoiAdoXaXos. (Phot. and Hesych.
interest in the thing to be produced (qgzorum in- s. v.'ETEpoU.:  Heliod. Aethiop. iii. 1; Pals. v. 16.
terest); but the opinion as given in the Digest ~ 2.)  The exomis, however, was not only a chiton
(Dig. 10. tit. 4. s. 19) is not favourable to the pro-  [TuNICA], but also  an  l/cidrbov or 7repl9A7/lia.
duction on the mere ground of its being for the  [PALLIUM.]  According to IHesychius (s. v.'Egoplaintiff's advantage.  A man might have this  /ffs), and Aelius Dionysius (ap. Eustathl. ad II.
actio though he had no vindicatio; as, for instance, xviii. 595), it served at the same time both the
if he had a legacy given to him of such a slave as purposes of a chiton and an himation; but Pollux
Titius might choose, he had a right to the production  (vii. 48) speaks of two different kinds of exomnis,
of the testator's slaves in order that Titius might one of which was a 7TreplA@lpua and the other a
make the choice; when the choice was made, then  XLM'C, e'rEpoLpaoXaXos.  His account is confirmed
the plaintiff might claim the slave as his property, by existing works of art.  Thus we find in the
though he had no power to make the choice.  If a  Mus. Pio-Clement. (vol. iv. pl. 11), JHephaestos
man wished to assert the freedom of a slave (in  wearing an exomis, which is an himation thrown
libertatem vindicare), he might have this action.    round the body in the way in which this garment
This action was, as it appears, generally in aid  was always worn, and which clothes the body like
of another action, and for the purpose of obtaining  an exomis when it is girded round the waist. The
evidence; in which respect it bears some resem- following figure of Charon, on the contrary (taken
blance to a Bill of Discovery in Equity.        from Stackelberg, Die Griber der Heellenen, pl. 47),
(Miihlenbruch, Doctrina Pandectaruan; Dig.. 10. represents the proper xmT'rVm TepoAdaXaXeos,. ind
tit. 4.)                              [G. L.]    we see a similar dress in the figure of Ulysses
EXITE'RIA or EPEXO'DIA (ZLr'tptaor esr~E- represented in the article PILEns.
d3mt), the names of the sacrifices which were offered
by generals before they set out on their expeditions.
(Xenoph. Anab. vi. 5. ~ 2.)  The principal object
of these sacrifices always was to discover from the
accompanying signs the favourable or unfavourable
issue of the undertaking on which they were about
to enter.  According to HIesychius, 4eLT1rpla was
also the name of the day on which the annual
magistrates laid down their offices.  [L. S.]
EXO'DIA  (6daa, from t4 and 00ds) were
old-fashioned and laughable interludes in verses, -    X    /
inserted in other plays, but chiefly in the Atel-                           /
lannle.  (Liv. vii. 2.)  It is difficult to ascertain            /
the real character of the exodia; but from the words                  /
of Livy we must infer that, although distinct from
the Atellanae, they were closely connected with
them, and never performed alone.  Hence Juvenal
calls them  e odizin Atellanae  (Sat. vi. 71), and
Suetonius (Tib. 45) exodium Atellanzicesm.  They
were, like the Atellanae themselves, played by
young and well-born Romans, and not by the
histriones.  Since the time of Jos. Scaliger and
Casaubon, the exodia have almost generally been
considered  as short comedies or farces which
were performed after the Atellanae;  and this
opinion is founded upon the vague and incorrect    The exomis was usually worn by slaves and
statement of the Scholiast on Juvenal (Sat. iii. working people (Phot. s. v.   Schol. ad Aristoph.
174).  But the words of Livy, exodia conserta  Equit. 879), whence we find Hephaestos, the
fltbellis seem rather to indicate interludes, which, working deity, frequently represented with this
however, must not be understood as if they had  garment in workls of art.  (Mtiller, Arciiol. der
been played between the acts of the Atellanae,    unst, ~ 366. 6.)  The chorus of old men in the
which would suggest a false idea of the Atellanae  Lysistrata of Aristophanes  (1. 662) wear the
themselves.  But as several Atellanae were per- exomis; which is in accordance with the stateformed on the same day, it is probable that the  ment of Pollux (iv. 118), who says that it was the
exodia were played between them.  This supposi- dress of old men in comic plays. According to
tion is also supported by the etymnology of the  Gellius (vii. 12), the exomis was the same as the
word itself; which signifies something ic  6o5e, common tunic without sleeves,(citra ctumernin deextra viaem,  or something  not belonging to the  sineites); but his statement is opposed to the acmain subject, and thus is synonymous with 7remr- counts of all the Greek grammaiualls, and is without
dlioy. The play, as well as the name of exodium, doubt erroneous.  (Becker, (Cariles, vol. ii. p.
seepns to have been introduced among the Romans  112, &c.)
from Italian Greece; but after its introduction it    EXOMO'SIA  (e4yotuia).   Any  Athenian
appears to have become very popular among the  citizen when called upon to appear as a witness in




EXSILI UM.                                         EXSILIUM.                   513
a court of justice (KCX'qTdeelV or EtcAxrtTeVelV, Pol-  independent states would neither admit of the es.
lux, viii. 37; Aeschin. c. Timna-ch. p. 71), was  tablishment of penal colonies, as amongst us, nor
obliged by law to obey the summons, unless he  of the various kinds of exile which we read of
could establish by oath that he was unacquainted  under the Roman emperors.  The general term
with the case in question.  (Demosth. De Fals.  rp/yi' (flight) was for the most part applied in the
Leg. p. 396, c. Neaer. p. 1354, c. Ap/Job. p. 850; case of those who, in order to avoid some punishllSuidas, s. v.'E oeoJaaeOai.)  This oath was called  ment or danger, removed from  their own country
qcweoola, and the act of taking it was expressed  to another.  Proof of this is found in the records of'
by 4e,4upo-Oat.  (Demosth. c. Steph. i. p. 1119; the heroic ages, and chiefly where homicide had been
c. EZbtsdid. p. 1317; Harpocrat. s. v.)  Those who  committed, whether with or without malice aforerefused to obey the summons without being able  thought.  Thus (II. xxiii. 88) Patroclus appears as
to take the  cowjtooila, incurred a fine of one thousand  a fugitive for life, in consequence of manslaughter
drachmae; and if a person, after promising to give  (a&spoxracil7) committed by him when a boy, and
his evidence, did nevertheless not appear when  in anger.  In the same  lmanner (Hom. Od. xv.
called upon, an action called XeiLro/apTrupiov, or 275) Theoclymelnus is represented as a fugitive
fiXdfS/j siKst, might be brought against him by the  and wanderer over the earth, and even in foreign
parties who thought themselves injured by his  l;ands haunted by the fear ofvengeance, from the nuh]aving   withheld his evidence. (Denosth. c. Timnols. merous kinsmen of the masn whonm he had slain. The
p. 1190; Meier, Att. Proc. p. 387, &c.)           duty of taking vengeance was in cases of this kind
W hen the people in their assembly appointed a  considered sacred, though the penalty of exile was
man to a magistracy or any other public office, he  sometimes remlitted, and the homicide allowed to
was at liberty, before the aoxqtaoiea took place, remain in his country on payment of a rowv-i, the
to decline the office, if he could take an oath that price of blood, or wehrgeld of the Germans (Tacit.
the state of his health or other circumstances ren-  Germ. 21), which was made to the relatives or
dered it impossible for him  to fulfil the duties  nearest connections of the slain.  (II. ix. 630.)
connected with it (ei3osvOa'u-r07' &apX'r, or r~is'  Even though there were no relatives to succour the
XetpoTrovlav): anti this oath was likewise called  slain man, still deference to public opinion imposed
Ctueoorfea, or sometimes &awrccoo'la.  (Demosth. De  on the homicide a temporary absence (Od. xxiii.
Fals. Leg. p. 379, c. Timlothl. p. 1204; Aeschin.  119, and Schol.), until he had obtained expiation
De'als. Leg. p. 271; Pollux, viii. 55; Etymol.  at the hands of anotherI, who seems to have been
Mag. S. v.)                            [L. S.]    called the aV'T/sys or purifier.  For an illustration
EXOSTRA (iEc'or'pa, from   cooe'co), was one  of this, the reader is referred to the story of,
of the many kinds of machines used in the theatres  Adrastus alnd Croesus.  (Herod. i. 35.)
of the ancients.  Cicero (De Prtov. CZis. 6), in    In the later tinles of Athenian history, qmvy1, or
speaking of a man who formerly concealed iis banishment, partook of the same nature, and was
vices, expresses this sentiment by post sipoarismb  practised nearly in the same cases, as in the heroic
hseluabatusr; and then statisng that he now shame- ages, with this difference, that the laws more strictly
lessly indulged in his vicious practices in public, defined its limits, its legal consequences, and durasays, jam in exrostra /heluatutr.  From an attentive  tion. Thlus an action for wilful murder was brought
consideration of this passage, it is evident that before the Areiopagus, and for manslaughter before
the exostra was a mllachine by mlleans of whichl  the court of the Ephetae.  The accused might, in
things which had been concealed behind the sipa- either case, withdraw himself (pusye-'v) before senrium, were pushed or rolled forward from behind  tence was passed; but when. a criminal evaded the
it, and thus became visible to the spectators.  This  punishment to which an act of murder would have
machine was therefore very much like the E/KKu- exposed him nhad he remained in his own land, he
icAhejaa, with this distinction, that the latter was  was then banished for ever ((pevSye &sqervylaV), and
moved on wheels, while the exostra was pushed  not allowed to return hIome even when other exiles
forward upon rollers.  (Pollux, iv. 128; Schol. were restored upon a general amnesty, since on
ad Aristoph. Acharn. 375.)   But both seem to  such occasions a special exception was made against
have been used for the same purpose; namely, to  criminals banished by the Arciopagus (ol l4'ApEoos
exhibit to the eyes of the spectators the results or 7rwcyov peSiYOVes). A convicted murderer, if foumd
consequences of such things-e. g. murder or suicide  within the limits of the state, might be seized and
- as could not consistently take place in the pro- put to death (Dem. c. Aris. p. 629), and whoever
secenium, and were therefore described as having  harboured or entertained (67reSa0ro) any one whou
occurred behind the siparium or in the scene.      had fled from his country to avoid a capital punishThe name exostra was also applied to a peculiar ment, was liable to the same penalties as the fugislind of bridge, which was thrown from a tower of tive himself.  (Dem. c. Polycl. p. 1222. 2.)
the besiegers upon the walls of the besieged town,    Demosthenes (c. Artis. p. 634) says, that the word
mind across which the assailants marched to attack  (peS'ley  s was properly applied to the exile of those
those of the besieged who were stationed on the  who committed mulrder, witih malice aforethought,
ramparts to defend the town. (Veget. De  Ale 2ilit. whereas the term  esOi-raesOaes, was used where the
iv. 21.)                                [L. S.]    act was not inteIltional.  The property also was
EXOULES  DIKE  (eoSxA7rs Mi-cm).   [Esi-  confiscated in the former case, but not in the latter.
I3rATEIA.]                                           When a verdict of manslaughter was returned,
EXPLORATO'RES. [ExERCIT US, p. 509, a.]  it was usual forthe convicted party to leave (        )\0;e)
EXSEQUIAE.  [FuNus.]                            his country by a certain road, and to remain in
EXSI'LIUM  ((Umy6), banishment. 1. GREEs.  exile till he induced some one of the relatives of
-Banishment  t among the Greek states seldom, if the slain man to take compassion on him.  During
ever, appears as a punishment appointed by law  hIis absence, his possessions were Cri['rbsta, that 1s,
for particular offences.  We might, indeed, expect not confiscated; but if he remained at home or
this; for the division of Greece hlto a snumuber of returned before the requirements of the law were
LL




514              EXSISILIUAM.                                       EXSILIUM.
satisfied, he was liable to be driven or carried out  with such precedents as they had to look back
of the country by force.  (Dem. c. Aiis. pp. 634  upon, no self-imposed limits to ambition could be
and 644.)  It sometimes happened that a fugitive  expected: and the problem required was to elimifor manslaughter was charged with murder; in  nate beforehand any one about to transgress these
that case he pleaded on board ship, before a court limits, so as to escape the necessity of putting him
which sat at Phreatto, in the Peiraeeus. (Dem. c. down afterwards, with all that bloodshed and reacAl-is. p. 646.) mWe are not informed what were the  tion, in the midst of which the free working of the
consequences if the relatives of the slain man re-  constitution would be suspended at least, if not irfused to make a reconciliation; supposing that there  revocably extinguished.  To acquire such influence
was no compulsion, it is reasonable to conclude that as wonld render him dangerous under democratical
the exile was allowed to return after a fixed time. forms, a man must stand in evidence before the
In cases of manslaughter, but not of murder, this  public, so as to afford some reasonable means of
seems to have been usual in other parts of Greece  judging of his character and purposes; and the
as well as at Athens. (Meursius, ad Lycop. 282; security which Cleisthenes provided was, to call in
Elurip. IIipp. 37, asld Sclsolica.)  Plato (Leg. ix. the positive judgment of the citizens respecting his
p. 865), who is believed to have copied many of future promise purely and simply, so that they
his laws from the constitution of Athens, fixes the  might not remain too long neutral between two
period of banishment for manslaughter at one year, political rivals.  I-e incorporated in the constituancl the word a~re'LavTrxSu(5s, explained to mean a  tion itself the principle of privilegism  (to employ
year's exile for the commission of homicide ('ro0S the Roman phrase, which signifies, not a peculiar
od,'ov 3pceeao) seems to imply that the custom was  favour granted to any one, but a peculiar inconpretty general.  WVe have indeed the authority of venience imposed), yet only under circmnstances
Xenophon (Anab. iv. 8. ~ 15) to prove that at Sparta  solemn and well defined, with fslhl notice and disbanishment was the consequence of involuntary  cussion beforehand, and by the positive secret vote
homicide, though he does not tell us its duration.   of a large proportion of the citizens.' No law
Moreover, not only  was  an  actual murder  shall be made against any single citizen, without
punished with banishment and confiscation, but the same being made against all Athenian citizens;
also a'rpalca ic rpovoias, or wounding with intent unless it shall so seem good to 6000 citizens voting
to kill, though death might not ensue.  (Lysias, c. secretly' (Andoc. de lMyst. p. 12).  Such was that
Simon. p. 100; Dem. c. Boeot. p. 1018. 10.) The  general principle of the constitution, underwhich the
same punishment was inflicted on persons who  ostracism was a particular case."  Mr. Grote further
rooted up the sacred olives at Athens  (Lysias,  observes, -" Care was taken to divest the ostraTi7rep  TstcoD'A7roXo'yfa), and by the laws of Solon  cism of all painful consequence, except what was
every one was liable to it who remained neuter  inseparable from exile; and this is not one of the
during political contentions.  (Plut. Sol. 20; Gell. least proofs of the wisdom with which it was deii. 12.)                                           vised.  Most certainly it never deprived the public
Under (vy~, or banishment, as a general term, of candidates for political influence; and when we
is comprehended  Ostracisme  (ao-pac iycls); the  consider the small amount of individual evil wlhich
difference between the two is correctly stated by  it inflicted, two remarks will be quite sufficient to
Suidas, and the Scholiast on Aristophanes (Equit.  offer in the way of justification.  First, it com861), if we are to understand by the former.memLpv- pletely produced its intended effect; for the deyra, or banishment for life.  ",yi7.(say they)  mocracy grew up from infancy to manhood without
differs from ostracism, inasmuch as those who are  a single attempt to overthrow it by force: next,
banishecl lose their property by confiscation, whereas  through such tranquil working of the democratical
the ostracised do not; the former also have no fixed  forms, a constitutional morality quite sufficiently
place of abode, no time of return assigned, but the  complete, was produced among the leading Athelatter have."'   This ostracism was instituted by  nians, to enable the people after a certain time to
Cleisthenes, after the expulsion of the Peisistra-  dispense with that exceptional security which the
tidae; its nature and objects are thus explained  ostracism offered.  To the nascent democracy, it
by Aristotle (Pol. iii. 8):'~ Democratical states  was absolutely indispensable; to the growing, yet
(he observes) used to ostracise, and remove from  military democracy it was necessary; but the fullthe city for a definite time, those who appeared to  grown democracy both could and did stand without
be pre-eminlent above their fellow-citizens, by rea-  it."  The manner of effecting it was as follows: -
son of their wealth, the number of their friends, or  Before the vote of ostracism  could be taken, the
any other means of influence."  It is well known, senate and the ecclesia had to determine in the
and implied in the quotation just given, that ostra- sixth prytany of the year whether such a step was
cism was. not a punishment for any crime, but necessary.  If they decided in the affirmative, a
rather a precautionary removal of those who pos- day was fixed, and the agora was enclosed by barsessed sufficient power in the state to excite either riers, with ten entrances for the ten tribes.  By
envy or fear. Thus Plutarch (A rist. 10) says it was  these the tribesmen entered, each with his 5orrpaa good-natured way of allaying envy (mpo'ou 7rapa-  cov, or piece of tile, on which was written the
uiOkiea mpcidOpw7ros), by the humiliation of superior  name of the individual whom  he wished to be
dignity and power. Mr. Grote (History of Greece, ostracised.  The nine arcllons and the senate, i. e.
vol. iv. p. 200, &c.) has some very ingenious re-  the presidents of that body, superintended the
mnarks in defence of ostracism, which he maintains  proceedings, and the party who had the greatest
was a wise precaution for maintaining the demo- number of votes against him, supposing that this
cratical constitution established by Cleisthenes. number amounted to 6000, was obliged to withlie observes that " Cleisthenes, by the spirit of draw (se-raoE'Tm al) from the city within ten days 
his reforms, secured the hearty attachment of the  if the number of votes did not amount to 6000,
body of citizens; but from the first generation of nothing was done.  (Schol. ad Aristoph Efqus. 85;
iseading men, under the nascent democracy, and  Pollux, viii. 19.)  Plutarch (Arist. c. 7) differs




EXSILIUM.                                           EXSILIUM.                   515
from other authorities in stating, that for an ex'-  04Ol'Es after their retnrn (I  cOe8os), the word
pulsion of this sort it was not necessary that the  scar'dyetv being applied to those who were instrluvotes given against any individual should amount mental in effecting it.                  [R. W.]
to 6000, but only that the sum total should not be    2. ROMAN.  In the later imperial period, easiless than that number.  Bbckh and Wachsmuth  liunz was a general term used to express a punishare in favour of Plutarch; but Mr. Grote, who  ment, of which there were several species. Paulus
supports the other opinion, justly remarks, " that  (Dig. 48. tit. 1. s. 2), when speaking of those
the purpose of the general law would by no means  judicia publica, which are capitalia, defines them
be obtained, if the simple majority of votes among  by the consequent punishment, which is death, or
6000 in all, had been allowed to take effect.  A   exsilium; and exsilium  he defines to be aqzae et
person might then be ostracised with a very small ignis isterdictio, by which the caput or citizenship
number of votes against him, and without creating  of the criminal was taken away.  Other kinds of
any reasonable presumption that he was dangerous  exsilium  he says were properly called selegatio,
to the constitution, which was by no means either and the relegatus retained his citizenship.  The
the purpose of Cleisthenes, or the well-understood  distinction between relegatio and exsilium existed
operation of the ostracism, so long as it continued  under the republic. (Liv. iii. 10, iv. 4; Cic. Pro
to be a reality."  All, however, agree that the  P. Sext. c. 12.)  Ovid also (Trist. v. 11) describes
party thus expelled was not deprived of his pro-  himself, not as exstl, which he considers a term of
perty.  The period of his banishment was ten  reproach, but as relegates.  Speaking of the emyears.  The ostracism was also called the Kcspautnl1 peror, he says,ucaaris, or earthenware scourge, frolm the material  " Nec vitam, nec opes, nec jus mihi ciivis ademit;"
of the io'o-pacco, on which the names were written. and a little further on,
Some of the most distinguished men at Athens
were removed by ostracism, but recalled when the
city found their services indispensable.  Anmongst  Compare also Tristia, ii. 127, &c.
these were Themistocles, Aristeides, Cimon, and       Marcianus ( Dig. 48. tit. 22. s. 5) makes three
Alcibiades; of the first of whom Thucydides (i.  divisions of exssilium: it was either an interdiction
135) states, that his residence during ostracism  from certain places namned, and was then called lata
was at Argos, though he was not confined to that fugca (a term  equivalent to the libera fegas or
city, but visited other parts of Peloponnesus.  The  libelrm1  exsili/um of some writers); or it was an inlast person against whom it was used at Athens terdiction of all places, except some place namned;
was Hyperbolus, a demagogue of low birth and  or it was the constraint of an island (as opposed to
character, whom Nicias and Alcibiades conspired  lattc fitga).*
together to ostracise, when the banishment threat-    Of?releqcatio there were two kinds: a person
ened each of themselves; but the Athenians  might be forbidden to live in a particular province,
thought their own dignity compromised, and os- or in Rome, and either for an indefinite or a defitracisii degraded by such an application of it, and  nite time;  or an island might be assigned to the
accordingly discontinued the practice.  (Plut. lie. relegatus for his residence. Relegatio was not folc. 11, Alcib. c. 13, Arist. c. 7; Thuc. viii. 73.)  lowed by loss of citizenship or property, except so
Ostracism  prevailed in other democratical states  far as the sentence of relegatio might extend to part
as well asAthlens; namely, at Argos, Miletis, and  of the person's property.  The relegatus retained
Megara, but we have no particulars of the wvay  Iis citizenship, the ownership of his property, and
in which. it was administered  in those states.  thepatricalgtestas, whether the relegatio was for a
Aristotle says (Pol. iii. 8) that it was abused for  definite or an indefinite time.  The relegatio; in
party purposes.                                    fact, merely confined the person within, or excluded
From the ostracism of Athens was copied the  hiii from, particular places, which is according
Petalismn (rEsr'axAl6s) of the Syracusans, so called  to the definition of Aelius Gallus (Festus, s. Relefiomn the 7r'reTaa, or leaves of the olive, on which  gati), who says that the punishment was imposed
was written the name of the person whom they  by a lex, senatus-consultuin, or the edictum of a
wished to remove from  the city.  The removal,  magistratus.  The words of Ovid express the legal
hlowever, was only for five years; a sufficient time, effect of relegatio  in a manner literally and technias they thought, to humble the pride and hopes of
the exile.  But petalism did not last long; for the  f    Noodt (Op. Otsis. i. 58) corrects the extract
fear of this " humbling," deterred the best quali-  from Marcianus thlus: —"  Exsiliuni dcupiec est: ant
fled amongst the citizens from taking any part in  certorum  locorum  ilterdictio, ut lata fuga; anut
public affairs, and the degeneracy and bad govern-  omnium locorum praeter certum locum, ut insulae
ment which followed, soon led to a repeal of the  vinculum," &c.
lamw B. c. 452. (Diod. xi. 87.)                       The passage is evidently corrupt in some editions
In connection with petalism it may be remarked  of the Digest, and the correction of Noodt is supthat if any one were falsely registered in a demus, ported by good reasons.  It seems that Marcian is
or ward, at Athens, his expulsion was called  here speaking of the two kinds of s-elegatio (comircqvAXoepopiea, from the votes being given by leaves.  pare Ulpian, Dig. 48. tit. 22. s. 7), and he does
(Meier, MLis. Juris. Att. 83; Lys. c. Nic mn. p. 844.)  not include the exsilium, which was accompanied
The reader of Greek history will remember, that  with the loss of the civitls; for if his definitions
besides those exiled by law, or ostracised, there  is intended to include all the kinds of exsilium, it
was frequently a great number of political exiles in  is manifestly incomplete; and if it includes only
Greece; men who, having distinguished themselves  relegatio, as it must do from  the terms of it, thio
as the leaders of one party, were expelled, or obliged  definition is wron,  inasmuch as there are ollly
to remove, from their native city when the opposite  two kinds of relegatio.  The conclusion is, that the.
faction became predominant.  They are spoken of text of Marcialnus is either corrupt, or has hect
as oif yEEo'TES  rs or fi c7Tore'7TeE, and as o eaTse/-  altered by the compilers of the Digest.
L L 2




M16               EXSILIUM.                                           EXSILIUAM.
cally correct.  (Instances of relegatio occur ill the  good for showing that a Roman citizen could not
following passages: —Suet. AXug. c. 16, Tib. c. 50;  become a citizen of another community.  In the
Tacit. Alnn. iii. 17, 68; Suet. Claud. c. 23, which  oration Pro Balbo (c. ] 1) the proposition is put
last, as the historian remarks, was a new kind of rather in this form; that a Roman who became a
relegatio.)  The term relegatio is applied by Cicero  citizen of another state, tlhereby ceased to be a Ro(de Qf. iii. 31) to the case of T. Manlius, who  man citizen.  It must not be forgotten that in the
had been compelled by his father to live in solitude  oration Pro Caecina, it is one of Cicero's objects to
in the country.                                     prove that his client had the rights of a Roman
Deportatio in insulctn, or deportatio simply, was  citizen; and in the oration Pro Domo, to prove
introduced under the emperors in place of the  that he himself had not been an exsul, though he
aquae et ignis ilnterdictio.  (Ulpian, Dig. 48. tit.  was interdicted from  fire and water within 400
13. s. 3; tit. 19. s. 2.)  The governor of a pro-  miles of Rome.  (Cic. AAd Attic. iii. 4.)  Now, as
vince (prateses). had not the power of pronouncing  Cicero had been interdicted from  fire and water,
the sentence of deportatio; but this power was  and as he evaded the penalty, to use his own words
given to the praefectus urbi by a rescript of the  (Pro Caecina c. 34), by going beyond the limits,
emperor Severus.  The consequence of deportatio  he could only escape the consequences, namnely,
was loss of property and citizenship, but not of exsilium, either by relying on the fact of his not
freedom.  Though the deportatus ceased to be a  being received as a citizen into another state, or by
Roman citizen, he had the capacity to buy and  alleging the illegality of the proceedings against
sell, and do other acts which might be done ac-  him.  But the latter is the ground on which he
cordingo to the jus gentium.  Deportatio  differed  seems to maintain his case in the Pro Domno: lie
froln relegatio, as already shown, and also in being  alleges that he was made the subject of a privialways for anl indefinite time. The relegatus went  legium, without having been first condemned in a
into banishment; the deportatus was conducted to  judicium (c. 17).
his place of banishment, sometimes in chains.         In the  earlier republican  period, a Roman
As the exsilium  in the special sense, and the  citizen might have a right to go into exsiliuln to
deportatio took away a person's civitas, it follows  another state, or a citizen of another state might
that if he was a father, his children ceased to be  have a right to go into exsilium at Rome, by virtue
in his power; and if he was a son, he ceased to be  of certain isopolitical relations existing between
in his father's power; for the relationship ex-  such state and Rome.  This right was  called jus
pressed by the terms pntria ~potestas could not  exulandi with reference to the state to which the
exist when either party had ceased to be a Roman  person came; with respect to his own state which
citizen. (Gains, i. 128.)  Relegatio of a father or  he left, he was exul, and his condition was exof a son, of course, had not this effect.  But the  silium: with respect to the state which he cllinterdict and the deportatio did not dissolve mar-  tered, he was inquiliniusi'; and at Rome lie might
riage. (Cod. 5. tit. 16. s. 24; tit. 17. s. 1; corm. attach himself (sspplicare se) to a quasi patronus, a
pare Gaius, i. 128, with the Institutes, i. tit. 12, relationship which gave rise to questions involving
in which the deportatio stands in the place of the  the jus applicationlis.
aquae et ignis interdictio of Gains.)                 The  sentence  of aquae et iginis, to  which
When a person, either parent or child, was con-  Cicero adds (Pro Dosso, c. 30) tecti interdictio
demned to the mines or to fight with wild beasts,  (comp. Plut. MJor-'isis, c. 29), was equivalent to
the relation of the pat-ica.potestas was dissolved.  the deprivation of the chief necessaries of life, and
This, though not reckoned a species of exsiliunm,  its effect was to incapacitate a person fiom exerresembled deportatio in its consequences.           cising the rights of a citizen within the limits which
It remains to examine the meaning of the term  the sentence comprised.  Supposing it to be true,
exsilium in the republican period, and to ascend, so  that no Roman citizen could in direct terms be defar as we can, to its origin.  Cicero (Pro Caecina, prived of his civitas, it requires but little knowc. 34) affirms that no Roman was ever deprived of ledge of the history of Roman jurisprudence to
his civitas or his freedom by a lex. In the oration  perceive that a way would readily be discovered
Pr-o Domo (c. 16, 17) he makes the same assertion,  of doing that indirectly which could not be done
but in a qualified way; he says that no special  directly; and such, in fact, was the aqunae et ignis
lex, that is, no p-iviilegium, could be passed against interdictio.  The meaning of the sentence of aquae
the caput of a Roman citizen, unless he was first et ignis interdictio is clear when we consider the
condemned in a judicium.  It was, according to  symbolical meaning of the aqua et ignis.   The
Cicero, a fundamental principle of Roman law (P-ro  bride, on the day of her marriage, was received ty
Doyno, c. 29), that no Roman citizen could lose  her husband with fire and water (Dig. 24. tit. 1.
his freedom  or his citizenship without his consent.  s. 66), which were symbolical of his taking her
He adds, that Roman citizens who went out as  under his protection and sustelntation.  Varro (De
Latin  colonists, could not become Latin, unless  Lintl. Lat. iv.) gives a different explanation of
they went voluntarily and registered their names:  the symbolical meaning of aquae et ignis in the
those who were condemned of capital crimes did  marriage ceremony:-Aqueae et ignis (according to
not lose their citizenship till they were admitted  the expression of Festus) suznt dio elemnenta quoae
as citizens of another state; and this was effected,   humazsnam7s viiatm  naxime  continent.  The sentence
not by depriving them  of their civitas (adem7iptio  of interdict was either pronounced in a judicium,
czvmtctis), but by the interdictio tecti aquae et  or it was the subject of a lex.  The punishment
ignis.  The same thing is stated in the oration
Pro Caecina (c. 34), with the addition, that a    * This word appears, by its termination inus,
Roman citizen, when he was received into another  to denote a person who was one of a class, like the
state, lost his citizenship at Rome, because by the  word libertinus.  The prefix in appears to be the
Roman law a man could not be a citizen of two  correlative of ex in exszl, and the remaining part
states.  Thi~ reason, however, wotuld  be eqlualiy I quil is probably related to cot in iucola and colonus.




FABEI.                                          FALSUM.                     517
wa.s infnicted  for. various crimes, ts vis publlicac, belong to any of the five classes into which Servius
FrCI!adtCas, veZCefCihu2, &c.  The Lex Julia de vi divided the people; but tllefJtbri tign. probably
bl/licra et privatc  applied, among other cases, to  voted with the first class, and thefiibri aer. with
rany person qtci receplerit, celaverit, tenzerit, the inter-  the second.  Livy (i. 43) and Dionysius (vii. 59)
dlicted person (Paulus, Sent. Recept. ed. Schulting); name both the centuries together: the former says
and there was a clause to this effect in the lex of that they voted with the first class; the latter,
Clodius, by which Cicero was banished.             that they voted with the second.  Cicero (De Rep.
The sentence of the interdict, which in the  ii. 22) names only one century of fabri, which lie
tihle of the Antonines was accompanied with the  says voted with the first class; but as he adds the
loss of citizenship (Gains, i. 90), could hardly have  word tignarioruai, he must have recognized the
had any other effect in the time of Cicero.  It  existence of the second century, which we suppose
nay be true that exsilium, that is, the change of to have voted with the second class.  (Giittling,
soi'm, or ground, was not in direct terms included  Gesch. decr MRm. Staastv. p. 249.)
in the sentence of aquzae et ignis interdictio: the    The fabri in the army were under the command
pers.m  might stay if he liked, and submit to the  of an officer called praefectzus fatbrznsz. (Caes. cap.
penalty of being an outcast, and being incapacitated  Cic. ad Att. ix. 8, Bell. Civ. i. 24; Veget. ii. 11II.)
fronm doing any legal act.  Indeed, it is not easy  It has been supposed by some modern writers that
to conceive tlfat buanisllenlt can exist in any state, there was a praefectus fabrum  attached to each
except such state has distant possessions of its own  legion; and this sziayhave been the case. No genuine
to- which the offender can be sent.  Thus banishl-  inscriptions however, contain the title of praefectus
ment as a penalty did not exist in the old English  fabrdlm  with the name of a legion added to it.
law.  When isopolitical relations existed between  There were also civil magistrates at Rome and in
Rome and another state, exsilium  might be the  the municipal towns, called praefecti fabrttm; but
privilege of an offender.  Cicero might then truly  we know nothing respecting them  beyond their
say that exsilium  was not a punishment, but a  name.  Thus we find in Gruter, PRA EF. FABR.
mode of evading punishment (Pro Caecina); and  ItloMAE (467. 7), PRaAEECTUS  FABR. CAERa.
this is quite consistent with the interdict being a  (235. 9.)  The subject of the praefecti fabrdm is
punishment, and having for its object the exsilium.  discussed with great accuracy in a letter of HagenAccording to Niebuhr, the interdict was intended  buchius, published by  Orelli (Tnascrip. vol. ii.
to prevent a person, who had become an exsul, from   p. 95, &c.).
returninz7 to Rtome and resuming his citizenship,    FA'BULA.  [CoAIOEDIA.]
and the interdict was taken off when an exssul was    FACTIO'NES  AURIGA/RUM.   [CCrcvs,
recalled. Further, Niebuhr asserts, that they who  p. 287.]
Settled in an unprivileged place (one that was not    FALA'RICA.  [HIaASTa.]
in an isopolitical connection with Rome) needed a    FALSA/R1US. [FALSUA1e.]
decree of the people, declaring that their settle-    FALSUIM.  The oldest legislative provision at
ment should operate as a legal exsilium.  And  Rome against Falsum  was that of the Twelve
this assertion is supported by a single passage in  Tables against false- testimony (Gell. xx. 1); but
Livy (xxvi. 3), from which it appears that it was  there were trials for giving false testimony before
declared by a plebiscitum, that C. FaIbius, by  the enactment of the Twelve Tables.  (Liv. iii.
going into exile (ex'daltun) to Tarquinii, which  24, &c.)  The next legislation on Falsum, so far
was a municipisum  (Pro Checin. c. 4), was legally  as we know, was a Lex Cornelia, passed in the
in exile.                                          time of the Dictator Sulla, which Cicero also calls
Niebuhr asserts that Cicero had not lost the  testamentaria and numaria (In  Tb'r. ii. lib. 1.
civitas by the interdict; but Cicero (Ad Attic. iii. c. 42), with reference to the crimes -which it was
23) by implication admits that he had lost his  the object of the law to punish.  The offence was
civitas and his ordo, though in the Oratio Pro  a Crimen Publicum.  The provisions of this lex
Do0no he denies tlhat he had lost his civitas.  And  are stated by Paulus (Senzt. Recept. v. 2.5, ed.
the ground on which he mainly attempted to sup-  Berl.), who also entitles it Lex Cornelia testaport his case was, that the lex by which he was  mentaria, to apply to any person " qui testamenturn
interdicted, was in fact no lex, but a proceeding  quodve  aliud instrumenturm  falsum  sciens dole
altogether irregular.  Cicero was restored by a lex  male scripserit, recitaverit, subjecerit, suppresserit,
Centuriata. (Ad Attic. iv. 1.)        [G. L.]    amoverit, resignaverit, deleverit," &c. The punishEXTISPEX.  [HARUSPEX.]                          mlent was deportatio in insulam  (at least when
EXTRAORDINA'RII.    [ExERCITUS,.P. Paulus wrote) for the " honestiores;" and the mines
497, b.]                                          or crucifixion for the "humiliores."  In place of
deportatio, the law probably contained the punishment of the interdictio aquae et ignis.  Accordinig
to Paulus the law  applied to any instrument as
well as a will, and to the adulteration of gold and
FABRI, are workmen who make any thing out silver coin, or refusing to accept in payment geof hard materials, as fabri tiganarii, carpenters, nuine coin stamped with the head of the princeps.
jibrzi aerarii, smiths, &c.  The different trades  But it appears from  Ulpian (sub titulo de poena
were divided by Numa (Plut. NumCra, 17) into  legis Corneliae testamentariaec) that these were
nine collegia, which correspond to our companies  subsequent additions made to the Lex Cornelia
or guilds.  In the constitution of Servius Tullius,  (Alos. et Roms. Leg. Coll. tit. 8. s. 7) by various
the fabri tainarii (,ricroves, Orelli, IIascrip. 60, senatus-consulta.  (Tacit. Anns. xiv. 40, 41.)  By
417, 3690, 4086, 4088, 4184) and thefiabri aeasrii  a senatus-consultullm, in the consulship of Statilius
or ferrarii (XaXCoTu7rot) were formed into two  and Taurus, the penalties of the law were extended
centuries, which were called the centuriaefebr m7in, to the case of other than testamentary instruments.
and notfabrorumn. (Cic. Orat. 46.)  They did not It is conjectured that, for the consulship of Statilius
L L 3




5138                 FALX.                                              FALX.
and Taurus, as it stands in the text of Ulpian, we
should read Statilius Taurus, and that the consulship of T. Statilius Taurus and L. Scribonius Libo
(A. D. 16) is meant.  A  subsequent senatus-colsultum, in the fourteenth year of Tiberius, extendedii  
the penalties of the law to those who for money
undertook the defence of a (criminal?) cause, or to
procure testimony; and by a senatus-consultum,
passed between the dates of those just mentioned,
conspiracies for the ruin of innocent persons were
comprised within the provisions of the law.  Another senatus-consultum, passed A. D. 26, extended
the law to those -who received money for selling,
or giving, or not giving testimony.  There were
probably other legislative provisions for the purpose of checking fraud.  In the time of Nero it
was enacted against fraudulent persons (fistsarii),
that tabulae or written contracts should be pierced
with holes, and a triple thread passed through the  by the pruning-hook, it was often smoothed, as
holes, in addition to the signature.  (Suet. Nero, in modern gardening, by the chisel.  (Colum.
c. 17; compare Paulus, Sent. Recept. v. tit. 25. De Arbor. 10.)  [DoLAsBaA.]  The edge of the
t3. 6.)  In the time of Nero it was also provided  falx was often toothed or serrated (pr?1s Icap.
that the first two parts (cesae) of a will should  Xap soYTa, Hesiod, Theog. 174, 179; denticittcte,
have only the testator's signature, and the remain-  Column. De Re  Rust. ii. 21).  The indispensable
ing one that of the witnesses: it was also provided  process of sharpening these instruments (/piri7v
that no man who wrote the will should give himself xapatrcrseEivat, HIesiod, Op. 573; apsr7rv EicaLuxrl
a legacy in it.  The provisions, as to adulterating  VeoOiry'e, Apoll. Rhod. iii. 1388) was effected by
mnoney and refusing to take legal coin in payment, whetstones which  the  Romans obtained  from
were also made by senatus consulta or imperial Crete and other distant places, with the addition
constitutions.  Allusion is made to the latter law  of oil or water which the mlower (fbenisex) carby Arrian (Epict. iii. 3).  It appears from numer- ried in a horn upon his thigh.  (Plin. H. N. xviii.
ous passages in the Roman writers that the crime  67.)
of falsum in all its forms was very common, and    Numerous as were the uses to which the falc
especially in the case of wills, against which legis-  was applied in agriculture and horticulture, its
lative enactments are a feeble security. (Heinecc. employment in battle was almost equally varied,,Ssntclnga; Rein, Das CrismiTzalrec/7t der Rmizer, though not so fiequent.  The Geloni were noted
where the subject is fully discussed.)  [G. L.]   for its use. (Claudian, De Laud. Stil. i. 110.)  It
FALX, dimn. FALCULA  (aps7r, 6p47ravov,  was the weapon with which Jupiter wounded.)oet. 8pe7r&dvl, dimz. 6pesrdsov), a sickle; a scythe; Typhon (Apollod. i. 6); with which Hercules
I pruning-knife, or pruning-hook; a bill; a fll- slew the Lernaean Hydra (Emrip. 10on, 191); and
chion; a halbert.                                  with which Mercury cut off the head of Argus
As CULTER denoted a knife with one straight (fidcato e?se, Ovid, Mfet. i. 718; lzcaspen Cyllenid,
edge, "' falx " signified any similar instrument, the  Lucan, ix. 662-667).  Perseus, having received
silgle edge of which was curved.  (ApEsravov ev- the same weapon from  Mercury, or, according to
ica,ures, Hom. Od. xviii. 367; curvcaefidces, Virg. other authorities, from Vulcan, used it to decapiGeorg. i. 508; curvam2izSe filcis bellae, Ovid, Mlet. tate Medusa and to slay the sea-monster. (Apollod.
vii. 227; adunceaflce, xiv. 628.)  By additional ii. 4; Eratosth, Cataster. 22; Ovid, Met. iv. 666,
epithets the various uses of the faIx were indicated, 720, 727, v. 69; Brunck, Anal. iii. 157.)  From
and its corresponding varieties in form and size. the passages now referred to, we may conclude that
Thus the sickle, because it was used by reapers, the falchion was a weapon of the most remote
was called fidx msessorice; the scythe, which was  antiquity; that it was girt like a dagger upon the
employed in mowing hay, was called fidfljbecas ria;  waist; that it was held in the hand by a short
the pruning-knlife and the bill, on account of their  hilt; and that, as it was in fact a dagger or sharpuse in dressing vines, as well as in hedging and in  pointed blade, with a proper falx projecting from
cutting off the shoots and branches of trees, were  one side, it was thrust into the flesh up to this
distinguished by the appellation of ficl  psutatoria, lateral curvature (curvo tenous abdidit dhaemo).  In
vinitoria, arboraria, or silvatica (Cato, De Re Rust.  the following woodcut, four examlples are selected
10, 11; Pallad. i. 43; Colum. iv. 25), or by the  from works of ancieilt art to illustrate its forml.
diminutivefalcula. (Colum. xii. 18.)               One of the four cameos here copied represents
A rare coin published by Pellerin (M11ed. de Rois, Perseus with the falchion in his right hand, aind
Par. 1762. p. 208) shows the head of one of the  the head of Medusa in his left.  The two smaller
Lagidae, kings of Egypt, wearing the DIADERMA, figures are heads of Saturn with the falx in its
and on the reverse a man cutting down corn with  original form; and the fourth cameo, representing
a sickle.  (See woodcut.)                         the same divinity at full length, was probably enThe lower figure in the same woodcut is taken  graved in Italy at a later period than the others,
from the MSS. of Columella, and illustrates his  but early enough to prove that the scythe was in
description of the various parts of thefeTlx vinitoria. use among the Romans, whilst it illustrates the
(De Re Rust. iv. 25. p. 518, ed. Gesner.) [CULTER.]  adaptation of the symbols of Saturn (Kp6vos:
The curvature in the fore part of the blade is ex- senex fIlcifer, Ovid, Fast. v. 627, in Ibinz, 216)
pressed by Virgil in the phrase procureva falx. for the purpose of personifying Time (Xp6vos).
(Georg. ii. 421.)  After the removal of a branch    If we imagine the weapon which has now been




FAMILIA.                                           FAMILIA.                    319
clares that in default of any heres suus, the property of the intestate shall go to the next agnatus,
the word "Cfamilia" signifies the property only:
" Agnatus proxinmus familiai  habeto."  In the
same section in which Ulpian (Frog. tit.26. 1)
quotes this passage from  the Twelve Tables, he
explains agnati to be "'cognati virilis sexus per
~'   \    91 $\\ god  \            alumares descendentes ejusdem  familiae," where the
word " familia " comprehends only persons. (Dig.
50. tit. 16. s. 195; 10. tit. 2.)'~t>                            The word " famlilia " sometimes signifies only
it   "D,   persons,"' that is, all those who are in the power
of a paterfamlilias, such as his sons (fiiisfismilias),
daughters, grandchildren,   and slaves, who are strictly
-                  \                         Ka~v Ad / objects of dominium, but are also in a sense objects
of potestas.  In another sense " famlilia " signifies' \ ( I1 t X    \       only the free persons who are in the power of a
paterfamilias; and, in a more extended sense of
this kind, all those who are agnati, that is, all
who are sprung from  a common ancestor, andc
would be in his power if he were living.  Withl
this sense of familia is connected the status famidescribed to be attached to the end of a pole, it liae, by virtue of which a person belonged to a
would assume the form and be applicable to all the  particular familia, and thereby had a capacity for
purposes of the modern halbert.  Such must have  certain rights which only the members of the
been the- asseres fidcati used by the Romans at familia could claim.  A person who changed this
the siege of Anibracia.  (Liv. xxxviii. s; compare  status, ceased to belong to the familia, and susCaes. Bell. Gall. vii. 22, 86; Q. Curt. iv. 19.)  tained a capitis diminutio luinima.  [ADOn TIO;
Sometimes the iron head was so large as to be  CArUT.]   Members of the same family  were
fastened, instead of the ram's head, to a wooden  " familiares;" and hence familiaris came to signify
beam, and worked by men under a testudo. an intimate friend.  Slaves who belonged to the
(Veget. iv. 14.)                                   same familia were called, with respect to this reLastly, the Assyrians, the Persians, the Medes, lation, familiares.  Generally, " faimiliaris " might
and the Syrians in Asia  (Xen. C'ysop.  vi. 1, 2, signify any thing relating to a familia.
Agab. i. 8; Diod. ii. 5, xvii. 53; Polyb. v.    Sometimes " fimilia"7 is used to signify only the
53; Q. Curt. iv. 9, 12, 13; Gell. v. 5; 2 Mace. slaves belonging to a person (Cic. Ced Fars. xiv. 4,
xiii. 2; Veget. iii, 24; Liv. xxxvii. 41), and the  ad Quint. Et-. ii. 6); or to a body of persons
Gauls and Britons in Europe [CovINus], made  (societas), in which sense they are sometimes opthemselves formidable on the field of battle by the  posed to liberti (Cic. B-rut. 22), where the true
use of chariots with scythes, fixed at right angles  reading is "liberti."  (Cic. ad F,'na. i. 3.)
(esrs 7rAoylOV) to the axle and turned downwards;    The word familia is also applied (improperly) to
or inserted parallel to the axle into the felly of the  sects of philosophers, and to a body of gladiators: in
wheel, so as to revolve, when the chariot was  the latter sense with less impropriety.  In a sense
put in motion, with more than thrice the velocity  still less exact, it is sometimes applied to signify a
of the chariot itself; and sometimes also projecting  living, a man's means of subsistence. (Ter. Heautos.
from the extremities of the axle.      [J. Y.]    v. 1. 36.)
FAMI'LIA.  This word contains the same    A  paterfamilias and a materfamilias were reelement as " famulus,"  which is said to be the  spectively a Romnan citizen who was sui juris, and
same as the Oscanflsmuzl orfciele, which signified  his wife in manu.  (Cic. Top. 3; comp. Ulp. FIrag.
6'servus."  The conjecture that it contains the  iv. 1, and Bdcking, Irnstit. i. pp. 217, 229.)  A
same element as the Greek  ru/lAiAa, and is the  filiusfamilias and a filiafamilias were a son and
same as b6l or aju, is specious, but somewhat doubt-  daughter in the power of a paterfamilias.  The
ful.  In its widest sense Familia comprehends all familia of a paterfamilias, in its widest sense,
that is subjected to the will of an individual, who  comprehended all his agnati; the extent of which
is sui juris, both free persons, slaves, and objects  term, and its legal import, are explained under
of property.  In this sense it corresponds to the  COGNATI.  The relation of familia and gens is
Greek ohcos and osrcla.  But the word has various  explained under GENS.
narrower significations (familiae -  appellatio et in    The notion of Familia as a natural relation conres et in personas diducitur, Dig. 50. tit. 16. s. 195. sists of Marriage, the Patria Potestas, and Cognatio
~ I).  In the third kind of testamentary disposi-  (kinship).  But Positive Law can fashion other
tion. mentioned by Gaius  (ii. 102), the word  relations after the type of these natural relations.
" familia " is explained by the equivalent " patri-  Of these artificial family relations the Roman law
unonium;"  and the person who received the familia  had five, which are as follow: —(1) Manus, or
fronl the testator (qui a testatore familiam  ac-  the strict marriage relation between the husband
cipiebat mancipio) was called " familiae emptor."  and wife; (2) Servitus, or the relation of master
And in the formula adopted by the "Cfamiliae  and slave; (3) Patronatus, or the relation of
emptor," when he took the testator's familia by a  former master to former slave;  (4) -Mancipii
fictitious  sale, his words were: c" Familiam  pe- causa, or that intermediate state between servitus
cuniamque tuam  endo maudatam tutelam custode- and libertas, which characterized a child who was
lalilque meam recipio," &c.                        mancipated by his father [EMANCIPATIO]; (5)
In the passage of the Twelve Tables which de-  Tutela and Curatio, the origin of which must ba




520                FARTOR.                                              FASCES.
traced to the Patria Potestas.  These relations are  thc'     the enlames of such persons as they might
treated under their appropriate heads.              meet.  (Festus, s. v. Fa'tores.)
The doctrine of representation, as applied to the    FAS.  [FPSTr; Jus.]
acquisition of property, is connected with the doc- i  FASCES, were rods bound in the form  of a
trine of the relations of familia; but being limited  bundle, and containing an axe (seceids) in the
with reference to potestas, manus, and lmancipium,  middle, the iron of which projected from  thel.,
it is not co-extensive nor identical with the rela-  These rods were carried bylictors before the supetions of familia.  Legal capacity is also connected  rior magistrates at Rome, and are often represented
with the relations of familia, though not identical  on the reverse of consular coins.  (Spanh. De
with, but rather distinct from them.  The notions  PI-est. et Useu lNit7nten. vol. ii. pp. 88, 91.)  The
of liberi and servi, sui juris and alieni, are com-  following woodcuts give the reverses of four conprised in the above-mentioned relations of familia.  sular coins; in the first of which we see the lictora
The distinctions of Cives, Latini, Peregrini, are  carrying the fasces on their shoulders; in the
entirely unconnected with the relations of fnamilia.  second, two fasces, and between  them  a sella
Some of the relations of famllilia have no effect on  curalis;  in the third, two fasces crowned, with
legal capacity, for instance, marriage as such. That tile consul standing between themll; and in the
family relationship which has an influence on legal fourth, the same, only withl no crowns arounmd the
capacity, is the Patria Potestas, in connection  fasces.
with which the legal incapacities of filiusfamilias,
filiafamilias, and a wife in manu, may be most
appropriately considered.  (Savigny, cSiysteen  des
heutcien RMme. Reclcs, vol. i. pp. 345, &c., 356, &c.   /                              t~,41 ~.{;G.
vol. ii. Berlin, 1840,; Bcking, Instutiooen, vol. i.                         /
p. 213, &c.)                          [i. L.]                                      I
FAMPIL)IAE  ERCISCUNDAE  ACTIO.   t
Every heres, who had full power of disposition
over his property, was entitled to a division of the',_, v_ -v
hereditas, unless the testator had declared, or the                             \'
co-heredes had agreed, that it should remain in
common for a fixed time.  The division could be
made by agreement among the co-hleredes; but in
case they could not agree, the division was made by
a judex. For this purpose every heres had against
each of his co-lleredes an actio familiae erciscunda e,',
which, lie tlse actiones communi dividundo, and c (O          ky                                  g  
finium  regundorum, was of the class of MIixtae                          t             ii     i
Actiones, or, as they were sometimes called, Du-   \    lt
plicia Judicia, because, as in the familiiine erciscundae                              c  
judicium, each heres was both plaintiff and defend-  
ant (actor and reus); though lie who brought the
actio and claimed a jucldicium  (dCal JLdicium peoeve-:~          ~/'
cei) wasd properly the actcr. A  beres, either es     1 The next two woodcuts, which are taken from
testamento or aeb intestato, miglt bring this action.. the cossuoar cosns of C.  orans, contain   i  adAll the heredes ~were liable to the bonoiuln collatio  dition to the fasces-the one a spica and caduceus,
AlolNoR I COLI ATIO1, tllat is, bOId to hedllones iwe  and the other a spica, caduceus, and prora,
[BoWORUAw CoLeATIOi, that is, bound to allow% in
taking the account of the property, what thley had
received frolll the testator in his lifetimei as part of
-their share of the hereditas, at least so far as they`7,had been enriched by such donations.                                —:
This action was given by the Twelve Tablles.          [ii
The word Familia here signifies the "property,"          
as explained in the previous article, and is equiva-          I 
lent to hereditas.
The meaning and origin of the verb erec, iscere,
or here, iscere, have been a subject of some dis-,pute.  It is, however, certain that the word means
"division."  (Dig. 10. tit. 2; Cic. De Orat. i.
56, PPro Caecina, c. 7; Apul. Met. ix. p. 210,    The fasces appear to have been usually made of
Bipont.)                                [G. L.]    birch (betulla, Plin. II.. xvi. 30), but sometimes
FAMO'SI LIBELLI.  [LIBELLuS.]                    also of the twigs of the elm,  (Plaut. Asits. iii. 2.
FANUM.  [Ter2PLUMr.]                             29, ii. 3. 74.)  They are said to have been deFA/RREUM.  [M'A'rRIMrIONIUM.]                    rived from Vetulonlia, a city of Etruria.  (Sil. Ital.
FARTOR (eOrcevT'7s), was a slave who fattened  viii. 485; compare Liv. i. 8.)  Twelve were carried
poultry.  (Colum. viii. 7; IHor. Sat. ii. 3. 228; before each of the kings by twelve lictors; and
Plaut. True. i. 2. 11.)  Donatus (adcl Terent. Et-n.  on the expulsion of the Tarquins, one of the conii. 2. 26) says that the name was given to a  suls Yas preceded by twelve lictors with thefasces
maker of sausages; but compare Becker, Gall2us, and secures, and the other by the same number
vol. ii. p. 190.                                    of lictors with the fasces only, or, according to
The nanle of fartores or cramlinlers was also  some accounts, with crowns round them. (Dion-s.
given to the nomenclatores, who accompanied the  v. 2.)  But P. Valerius Publicola, who gave to
candidates for the public offices at Rome, and gave  the people the right of provocatio, ordained that




FASCIA,                                                FASTI.                    521
the secures should be removed front the ftsces, and  b)y men (VYa. Max. 1. c.; Phaed. v. 7. 37), were a
allowed only one of the consuls to be preceded by  sign  of extraordinary refinement in dress:  tihe
the lictors wrhile they were at Rome.  (Cic. de  mode of clemning  them was by rubbing them  with
Relp. ii. 31; Valer. Max. iv. I. ~ 1.)   The other  a white tenacious earth, resembling our pipe-clay
consul was attended  only by a single accensus  (Jfitscie cretltnie, Cic. ad Att. ii. 3).   The filler
[AccEsNus].  When they were out of Rome, and  fasciae, worn  by  ladies, were purple. (Cic. do
at the head of the army, each of the consuls re-   aLtrusp. Resp. 21.)  The bandages wound about
tained the axe in the fasces, and was preceded by  the legs, as shown in the illuminations of ancient
his own lictors.  (Dionys. v. 19; Liv. xxiv. 9,  MSS., prove that the Roman usage was generally
xxviii. 27.)                                          adopted in Europe during the middle ages.
When tlse decemviri were first appointed, tile        On the use of fasciae in the nursing of children
fasces were only carried before the one who pre-  (Plaut. Truc. v. 13) see InxCUNABULA.   [J. Y.]
sided for the day (Liv. iii. 33); and it was not    FA'SCIA (raveia), in architecture, signifies (by
till the second decenmvirate, when they began to  an obvious analogy Nvith the ordinary meaning of
act in a tyrannical manner, that the fasces with  the word) any long fiat surface of wood, stone, or
the axe were carried before each of the ten. (Liv.  marble, such as the band which divides the arcl;iiii. 36.)  The fasces and secures were, however,  trave from the frieze in the Doric order, and the
carried before the dictator even in the city (Liv.  surfaces into which the architrave itself is divided
ii. 18): he was preceded by 24 lictors, and the  in the Ionic and Corinthian orders. (See EPISTYmaagister equitum by six.                             LIUM, and the cuts under COLUMNA.)   [P. S.]
The praetors were preceded in the city by two         FA'SCINUM  (fairrcava), fascination, enchantlictors with the fasces (Censorin. De Die Naltatl.  mernt.   The belief that some persons had  the
24; Cic. l1rare. ii. 34); but out of Rome and at  power of injuring others by their looks, was as
the head of an arniy by six, with the fasces and  prevalent anmotng the Greeks and Romans as it is
secures, whence they  are called by the Greek  among the superstitious in modern times.  The
wriiters'Orpa-nr7eol i~arewXcets. (Appian, Syr. 13;  rpOalrbs fdrc aveos,  or evil eye, is frequently menPolyb. ii. 24. ~ 6, iii. 40. ~ 9, 106. ~ 6.)   The  tioned by ancient writers.  (Alciphr. E7,. i. 15;
proconsuls also were allowed, in the time of UlpianI,  I-eliod. Aethiop. iii. 7; compare Plin. IN. N. vii. 2.)
six fasces.  (Dig. 1. tit. 16. s. 14.)  The tribunes  Plutarch, in his Symposium  (v. 7), has a separate
of the plebs, the aediles and quaestors, had no  chapter nrepl'3v oeaeraeaiafcnetn' XeYoV; ces, o,al
lictors in the city (Plut. Quaest. Roen. 81; Gell.  Bcizaleeov  fX ev EE aIXudvr.  The evil eye was supxiii. 12); but in the provinces the quaestors were   posed to injure children particularly, but somepennitted to have the fasces.  (Cic. Pro Plane.  times cattle also; whence Virgil (Eel. iii. 103)
41.)                                                  sayes
The lictors carried the fasces on their shouldere,  " Nescio quis teneros oculos mihi fscirat agnum."
as is seen in the coin of Brutus given above; and
when an inferior magistrate met one who was    Various amulets were used to avert the influence
higher in rank, the lictors lowered their fasces to  of the evil eye.  The most common of these aphim.  This was done by Valerius Publicola, when  pears to have beerl the phallus, called  by the
hie addressed the people (Cic. de Rep. ii. 31; Liv.  Romans  fascinum, which  was hung round  the
ii. 7; Valer. Max. iv. 1. ~ 1); and hence came  necks of children (tupiczla res, Varr. De Linzg. Lat.
the expression sublittere fisces in the sense of to  vii. 97 ed. Muller).  Pliny (IL. N. xix. 19. ~ 1)
yield, to confess one's self inferior to another. (Cic.  also says that Satyrica signa, by which he means
Brut. 6.)                                             the phallus, were placed in gardenis and on hreartisL
When a general had gained a victory, and had  as a protection  against the fascinations of the
been saluted as Inperator by  his soldiers, his  envious;a nd  we learn from  Pollux  (viii. 118)
fasces were always crowned with laurel.  (Cic. ad  that smiths were accustomed  to place the same
Aft. viii. 3. ~.5, de Div. i. 28; Caes. Bell. Giv.  figures before their forges with the same design.
iii. 71.)                                             Sometimes other objects were employed for this
FASCIA  (-ralvda), dime. FASCIOLA, a band  purpose.   Peisistratus is said to have hung the
or fillet of cloth, worn, 1. round the head as anl  fiogure of a kind of grasshopper before the Acreensign of royalty (Sueton. Jul. 79) [IADenErA; polls as a preservative against fascination. (Hesych.
woodcut to FAIx]: 2. by women over the breast  s. V. KaTaXvrm7.)
(Ovid, De A-tI. A1cmat. iii. 622; Propert. iv. 10.    Another common mode of averting falscination
49; Fascie  Pectoralis, Mart. xiv. 134) [STvo-  was by spitting illto the folds of one's own dress.
PoIrumw]: 3. round the legs and feet, especially  (T'heocr. vi. 39; Plin. ii. N. xxviii. 7;  Lucian,
by  women  (see the woodcut under the article  Navig. 15. vol. iii. p. 259, ed. Reitz.)
LaBRA).   Cicero reproached Clodius for wearing         According to Pliny (I-. N. xxviii. 7), Fascinus
fasciae upon his feet, and the Calantica, a female  was the namle of a god, who was worshipped among
ornament, upon his head (ap. Noez. ilearc. xiv. 2).  the Roman sacra by the Vestal virgins, and was
Afterwards, when the toga had fallen into disuse,  placed under the chariot of those who triumphed
and the shorter palliuna  was worn in its stead,  as a protection against fascination; by which he
so that the legs were naked and exposed,efisciae  means in  all probability  that the phallus was
eousraes became common evenll vith the male sex.  placed under the chariot.  (Miiller, Arcliol. der
(Hor. Sat. ii. 3. 2.55; Val. Max. vi. 2. ~ 7; Grat.  Kunst, ~ 436. 1, 2; EBttiger, Klein. Sclir. iii.
Cyneg. 338.)   The emperor Alexander Severts  p. 111; Becker, Charikiles, vol. ii. pp. 109, 291.)
(Lamprid. Alex. Sev. 40) always used them, even         FASTI.  Fas signifies divine lacu: the epithet
although, when irs town, he wore the toga.  Quin- fiastus is properly applied to anything in accordance
tilian, nevertheless, asserts that the adoption of with divine law. adlc  hence those days upon which
them could only be excused on the plea of infirm  legal business might, without impiety (sinepiaceal,).
health.  (Inst. Or. xi. 3.)   White fasciae, worn  be transacted before the praetor, were technically




d,22                FASTI.                                             FASTI.
denominated fasti dies, i. e. lcwfid days.  Varro  to prove interesting to his countrymen; the whole
and Festus derive fastus directly fromfisri (Varr.  being  seasoned with frequent allusions to the
de Ling. Lat. vi. 2; Festus, s. v. Facsti), while  glories of the Julian line.
Ovid (Fast. i. 47) may be quoted in support of    Several specimens offcasti, more or less perfect,
either etymology.                                  on stone and marble, have been discovered at difThe sacred books in which thefasti dies of the  ferent times in different places, none of them, howyear were marked, were themselves denominated  ever, older than the age of Augustus.  The most
fitsti; the term, however, was employed in an ex-  remarkable, though one of the least entire, is that
tended sense to denote registers of various descrip- known as the Kalendarissm Praenestinum or Fasti
tions, and many mistakes have arisen. among com-  Verriani.  Suetonius, in his short treatise on dismaentators from confounding fasti of different kinds. tinguished grammarians, tells us that a statue of
It will be useful, therefore, to consider separately  Verrius Flaccus, preceptor to the grandsons of
the two great divisions, which have been distin-  Augustus, stood in the lower part of the forum
guished as Fasti  Sacri or  acsti Icalendares,   and  of his native town, Praeneste, opposite to the
Fa-sti Annales or F;asti Historici.                Hemicyclism, on which he had exhibited to public
I. FASTI SACRI or KALENDARES.  For nearly  view the fasti, arranged by himself, and engraved
four centuries and a half after the foundation of on marble slabs.  In the year 1770 the remains
the city a knowledge of the calendar was possessed  of a circular building were discovered in the imlexclusively by the priests.  One of the pontifices  mediate vicinity of the modern Palestrina, toregularly proclaimed the appearance of the new  gether with several fragments of marble tablets,
moon, and at the samne time announced the period  which were soon recognised as forming part of an
which would intervene between the Kalends and  ancient calendar; and upon further examination
the Nones.  On the Nones the country people  no doubt was entertained by the learned that
assembled for the purpose of learning from the Rex  these were the very fasti of Verrius described by
Sacrorum. the various festivals to be celebrated  Suetonins.  An Italian antiquary, named Foggini,
during the month, and the days on which they  continued the excavations, collected and arranged
would fall.  (Macrob. i. 15.)  In like  alnner all the scattered morsels with  great patience and
who wished to go to law were obliged to inquire of skill; and in this manner the months of January,
the privileged few on what day they might bring  March, April, and December, to which a very
their suit, and received the reply as if from the lips  small portion of February was afterwards added,
of an astrologer. (Cic. Pro llursen.l 1.) The whole  were recovered; and, although much defaced anll
of this lore, so long a source of power and profit, mutilated, form  a very curious and useful molnuand therefore jealously enveloped in mystery, was  ment.  They appear to have embraced much inat length made public by a certain Cn. Flavins, formation concerning the festivals, and a careful
scribe to App. Claudius Caecus (Liv. ix. 46; detail of the honours bestowed upon, and the
Plin. II. N. xxxiii. 1; Gell. vi. 9; Val. Max. ii. triumphs achieved by, Julius, Augustus, and Ti-.
5), who, having gained access to the pontifical berins.  The publication of Foggini contains not
books, copied out all the requisite information, and  only an account of this particular discovery, but
exhibited it in the forum for the use of the people  also the complete fasti of the Roman year, so far
at large.  From this time forward such tables be- as such a compilation can be extracted from the
came common, and were known by the nane of ancient calendars now extant.  Of these he ennFisti.  They usually contained an enumeration of merates eleven, the names being derived either
the months and days of the year; the Nones, Ides, from the places where they were found, or fromn
Nundinae, Dies Fasti, Nefasti, Comitiales, Atri, the family who possessed them when they first be&c. [CALEaNDARIUM], together with the different came known to the literary world:festivals, were marked in their proper places: as-    1. Calendarizmnr lAliqfgiorusmo, which contains the
troenomical observations on the risings and settings  twelve months complete.:of the fixed stars, and the commencement of the    2. Cal. Praenestinaa, described above..seasons were frequently inserted, and sometimes    3. Cal. Gapranico-wam, August and September
brief notices annexed regarding the introduction  complete.
and signification of certain rites, the dedication of    4. Cal. Ameiterninu7s, fragments of the molth
itemples, glorious victories, and terrible disasters. from May to December.:In later times it became common to pay homage    5. Cal. Antiatiatzn, fragments of the six last
to the members of the imperial family by noting  months.
dowvn their exploits and honours in the calendar, a    6. Cal. EsZqiliznum, fragments of May and June.
species of flattery with whlich Antonius is charged    7. Cal. Fcarnesiansm, a few  days of February
by Cicero (Philip2p. ii. 34.   See also Tacit. Annz. and March.
i. 15).                                               8. Cal. Piocianusm, fragments of July, August,
It will be seen from the above description that and September.
these fasti closely resembled a modern almanac    9. Cal. Venuzsiazm, s May and June complete.
(Facstorunz  laibri cappellacntu  totias anni descsiptio.    10. Cal. Vacticanumn, a few days of MIarch and
Festus); and the celebrated work of Ovid may be  April.
considered as a poetical Yeal-book or CoGmnpen7ionz    11. Cal. Allifanusn, a few days of July and
to thie Alzmcnac, having been composed to illustrate  August.
the Fasti published by Julius Caesar, who re-    Some of the above, with others of more recent
modelled the Roman year.  All the more remark-  date, are given in the Corpus Inscriptionosa  of
able epochs are examined in succession, the origin  Gruter, in the 1lth vol. of the Thesaurus Roina.
of the different festivals explained, the various  Antiqq. of Graevius, and in other works of a simicerenmonies described, the legends connected with  lar description; but the fullest information upon
the principal constellations narrated, and many  all matters connected with the Fasti Sacri is emtarious discussions interwoven upon subjects likely  bodied in the work of Foggini, entitled Fastorumrs




PASTI.                                          FASTIGIUM.                  523
attlziRomana  a lerrio Flacco ordblatoruln7 RelZgciae,  forum, and were found to contain a list of consuls
&c. Romae, 1779; and in Jrc. Van Vaassez Ani-  dictators with their masters of horse, censors with
inadverss. ad Fastos Roms. Sacres fiagdmenta, Traj.  the lustra which they closed, triumphs and ovaad Rhen. 1795: to which add Ideler's  cazndbuclh  tions, all arranged in regular succession according
de, iliathe matiseiee und Tec7hischen COhronoloyie.  to the years of the Catonian era.  These had eviBerlin, 1826.                                      dently extended from  the expulsion of the kings
Before quitting this part of our subject, we may  to the death of Augustus, and although defective
make mention of a curious relic, the antiquity of in many places, have proved of the greatest value
which has been called in question without good  in chronology.  The different pieces were collected
cause, the Calendariumz   Rusticun   asrnesic2num.  and arranged under the inspection of Cardinal
This Rural Almanac is cut upon four sides of a  Alexander Farnese, and deposited in the Capitol,
cube, each face being divided into three columns, where they still remain.  From  this circumstance
and each column including a month.  At the top  they are  generally distinguished  as the Fasts
of the column is carved the appropriate sign of the  CApitolini.  In the years 1817 and 1818, two
zodiac; then follows the name of the month, the  other fragments of the same marble tablets were
number of the days, the position of the nones, the  discovered in the course of a new excavation in
length of the day and night, the name of the sign  the Forum.  A faic-simile of them was published
through which the sun passes, the god under  at Milan, by Borghesi, in 1818.              [W;1. R.]
whose protection the month was placed, the various    FASTI'GIUM  (&dsrod, aeo'rwgtC), literally, a
agricultural operations to be performed, and a list slope, in architecture a pedlinent, is the triangle
of the principal festivals.  Take May as an ex-  which surmounts each end of a rectangular buildamlple:                                           ing, and which, in fact, represents the gable end of
AMENSIS                       the roof.  (See woodcut, p. 97.)  It is composed
5CAIVS                        of three sets of mouldings (forming respectively the
DIES. xxxI.                     horizontal base and the sloping sides of the triangle,
N'ON. SEPTIA.                    and representing the timber framing of the roof),
DIES. HOR. xIIISS.                 and of a flat surface enclosed by them, which covers
Nox. aron. VIIIIS.                 the vacant space of the roof, and which, from its
soL. TAVRO.                      resemblance to a membrane stretched upon the
TVTELA. APOoLLIN.                   triangular frame, is called tymnpanums.  (Vitruv.
SEGET. iVNCANT.                    iii. 3.)  This flat surface was generally ornamented
OVES. TONDENT.                     with sculpture; originally, in the early temples of
LANA. LAVATVIt.                    Zeus, with a simple eagle as a symbol of the god
IVVENCI DOMANT.                     (Pind. Olymmp. xiii. 29, and Schol. ad loc.), an inVICEA. PABVL.                     stance of which is afforded by the coin represented
SECATVR.                       in the following woodcut (Beger. S2iceil. Atliq.
SEGETES
LVSTRANTVR.
SACRVM. MERCVR.
ET. FLORAE.
(See the commentary of Morcelli in his Opvera?=
pvCrapkica, vol. i. 77. )                                                     C    OK 
II. FAsrTI ANNALES or HISTORICI. Chronicles
such as the Annales lifaxismi, containing the names
of the chief magistrates for each year, and a short
account of the most remarkable events noted down
opposite  to the days  on which they occurred,
overe, from the resemblance which they bore in d                      
arrangement to the sacred calendars, denominated
ftAsti; and hence this word is used, especially  p. 6), whence the Greek name aerds which was at
by the poets, in the general sense of listorical first applied to the tyzpaonusm  and afterwards to
records.  (Horat.at. Sat. i. 3. 112, C'. iv. 13. the whole pediment; and in after times with elabo13, iii. 17. 7.)             -                     rate sculptures in high relief, such as those in the
In prose writersfasti is commonly employed as  pediments of the Parthenon, the fragments of which
the technical term  for the registers of consuls,  are among the Elgin marbles in the British Museum;
dictators, censors, and other magistrates, which  where also may be seen a full-sized model of the
formed part of the public archives.  (Liv. ix. 18; pediments of the temple of Zeus Panhellenius, at
Cic. Pro Sext. 14; compare Cic. Philipp. xiii. Aegina, with casts of the statues in them, restored.
12; Tacit. Ann. iii. 17, 18.)  Again, when Cicero  Most of the celebrated Greek temples were simiremarks in the famous epistle to Lucceins (Ad  larly  adorned.  (See Pans. i. 24. ~ 5, ii. 7. ~ 3,;aeta. v. 12), " Etenim  ordo ille annaliu m media-  v. 10. ~ 2, ix. 1I. ~ 4; Aristoph. Arves, 1110.)
criter nos retinet quasi enumerations fastorum,"  Terra-cotta figures were applied in a similar manner
he means that the regular succession of events  by the Romans in the early ages. (Cic. Divins.
meagrely detailed in chronicles fixed the attention  i. 10; Vitruv. iii. 2; Plin. H. N. xxxv. 12. s. 43,
but feebly, and was little more interesting than a  46, xxxvi. 2.)
mere catalogue of names. (Compare Ad AtU. iv. O.)    The dwelling-houses of the Romans had no gable
A most important specimen ofjfsti belonging to  ends; consequently, when the word is applied to
this class, executed probably at the beginning of them (Cic. Epist. ad Q. Fr. iii. 1. 4; Virg. Aezn.
the reign of Tiberius, has been partially preserved. viii. 491), it is not in its strictly technical sense,
In the year 1547, several fragments of marble  but designates the roof simply, and is to be undertablets were discovered in excavating the Roman  stood of one which rises to an apex as distinguished




5fi14                FAX.                                              FENUS.
from a flat one, or sometimes it may refer to the  these were often nocturnal ceremonies, and t)ecause
pediment of a portico attached to the front of a man-  it was used to set fire to the pile.  Hence the exsion, as when the RonLans decreed to Caesar the  pression of Propertius (iv. 12. 46), " Vi-imus inliberty of erecting a fatstigium  to his house (Cic. signes inter utramnque facem."  The torch-bearer
Phil. ii. 43; Florus, iv. 2; Pint. Cases. 81; comp.  turned away his'face from the pile in setting it on
ACROTERIUMs), that is, a portico and  pediment  fire.  (Virg. Aen. vi. 224.)             [J. Y.]
towards the street like that of a temple.   [A. R.]    FEBRUUM.  [LUPERCAIIA.]
FAUCES.  [DoveiTS, p. 428, a.]                    FECIA'LES.  [FETILSES.]
FAX  (pavds), a torch.   The descriptions of    FEMINA'LIA, were worn in winter by Auguspoets and mythologists, and the works of ancient  tus Caesar, who was very susceptible of cold.
art, represent the torch as carried by Diana, Ceres, (Sueton. Aug. 82.)  Casaubon supposes them  to
Bellona, Hymen (woodcut, p. 238), Phosphorus,  have been bandages or fillets [FAscIA] wound
by females in Bacchanalian processiols (p. 288), about the thighs; it seems more probable that they
and, in an inverted position, by Sleep and Death.  were breeches resembling ours, since garments for
In the annexed woodcut, the female fiure in the  the thighs (7repjlapma) were worn by the Roman
middle is copied from a fictile vase.  The winged  horsemen (Arrian, Tact. p. 14, ed. Blanc.); and
figure on the left hand, asleep and leaning on a  the column of Trajan, the arch of Constantine, anid
torch, is from  a funeral monument at Rome: the  other monuments of the same period, present anuword " Somnus" is inscribed beside it.  The other  smerous examples of both horse and foot soldiers
winged figure, also with the torch inverted, is  who wear breeches, closely fitted to the body, and
taken from an antique gem, and represents Cupid  never reaching much below the knees. (See woodunder the character of Avo-iEps (Serv. in Visy. Aen. cuts, pp. 2, 117, 136.)             [J. Y.]
iv. 520) or "Lethaeus Amor" (Ovid, Rein. Amzor.    FENESTRA.  [DooArus, p. 432.1
555).  In ancient marbles the torch is sometimes    FENUS (Tditos3), interest of money. 1. Gritmc:,.
more ornamented than in the examples now pro-  At Athens, Solon, among other reforms, abolished
the law  by which a creditor was empowered to
sell or enslave a debtor, and prohibited the lending
of money upon a person's own body  (e7rl zor's
srga0 fn'ya ea &svEi'Cuv, Plut. Sol. c. 15).  No
other restriction, we are told, was introduced by
him, and the rate of interest was left to the dis-,,s,  1    l\       r cretione of the lender (rb'pyiplov ~a-rdr'o~v els'
740'y idny  di Psihejoi  6 VaVEi07 P(i, Lys. is Theam.wn
6, i: t Jl                      ll    rk:2       prescribed by law, was in the event of a man sepa-,}J34 lX  iS s    t 1l  1;l  |t1 /Ill'W i; \\'l   rating from his lawful wife, and not refunding the
Klll     /                                  \ 1  lll l    I    @/ /0  40  8  dowry he had received with her.  Her trustees or
gi%.(  i.  l,,     guardians (ol iciiplso) could in that case proceed
against him for the principal, with lawful interest
-' / i  f Z1  Z   X j     g      at the rate of 18 per cent.  [Dos (GiurEIc).]
7/5 f/; jl (: il 11   /~t2/                <        Any rate might be expressed or represented in
two different ways: (1.) by the number of oboli
or drachmae paid by the vzontl for every minan;
(2) by the part of the principal (rb apXaiov or
dtced;  but it appears to be formed of w-ooden   cesbciAatov) paid as interest either annually or for
staves or twigs, either bound by a rope drawn  the whole period of the loan.  According to the
round them in a spiral form, as in the above middle  former method, which was generally used when
fidgre, or surrounded by circular bands at equlal money was lent upon real security ('dtoi E'yyUvoi
distances, as in the two exterior figures.  The in- or "y'yeios), different rates were expressed as folside of the torch may be supposed to have been  lows:-10 per cent. by  7rl 7'rew'swe  oCoA7s, i. e.
filled with flax, tow, or other vegetable fibres, the  5 oboli per month for every mina, or 60 oboli a
whole being abundantly impregnated with pitch, year= 1 0.drachmae=-o    of a mina.  Similarly,
rosin, wax, oil, and other inflammnable substances.    12per cent, by  E'A apaXueo      per month.
As the principal use of torches was to give light to   6 pr cnt' hc'r I Oos
thlose who went abroad after sunset, the portion of        r cent.,        r''e,,,
the Roman day immediately succeeding  sun-set    24 percelt.,,  terd &epaxtoaos,,
was calledfcax or p-rima  fax.  (Gell. iii. 2; Ma-    36 per cent.     n2 -i7r-  6paXiaX s,,
crob. S&t.i. 2.)  Torches, as now  described, ap-    3  per cent.,,  seir pmrf epnsfeAsLe, probably.
pear to have been more common among the Romans
than the Greeks.  The use of torches after suniset,    Another method  was generally  adopted  in
and the practice of celebrating marriages at that cases of bottomlry, where money was lent upon the
time, probably led to the consideration of the torch  ship's cargo or freightage (Einl T,' VaXW) or the
as one of the necessary accompaniments and sym.  ship itself, for a specified time, commonly that of
bols of marriage.  Among the Romans the fJax  the voyage.  By this method the following rates
aeptialis (Cic. pro Cluent. 6), having been lighted  were thus represented.
at the parental hearth, was carried before the bride  10 per cent. by'rdcot eir-MaKa'or, i. e. interest at
by a boy whose parents were alive. (Plaut. Cas. i. the rate of a tenth; i2-1, 16., 20, 33M, by'rdKco
30; Ovid, Epist. xi. 101; Servius, ini Virg. Ecl.  7rdy3oo,, &pecETo, Eri7reEzr'otI, and deri'ptsTol, meviii. 29; Plin. /. N. xvi. 18; Festus, s. v. Pa-  spectively.  So that, as Bdckh (Pusll. Econoim  of
(trn-i.)  The torch was also carried at funerals (fax  A theis, pp. 123, 124, 2nd ed.) remarks, the T-os
sepmulchralis, Ovid, EFpist. ii. 120), both because  er;s&mEaros is equal to the 7rl n7Tree foto7is




FENUS.                                             FEN'T S.                   b2.
the'rrlos tha30os  =the ExLt paX/qp    nearly.  rower to the lender [CH11niGRrsAHUI]; or a,KO,             xoS =, 7'   OCTCt  eoXoos,,  regular instrument (cvyypp4iJ), executed by both,,,   EtreTixrT0os=,,  E7r' p'epvea 3o os,,   parties and attested by witnesses, was deposited,,,,    sripsros,, =  I 7rptt-lapaXIas,,,    wih a third party, usually a banker.  (Dem. c.
These nearly corresponding expressions are not Lacr. p. 927, c. P]/orsm. p. 908. 22.)  Witnesses,
to be considered as identical, however closely the  as we might expect., were also present at the payrates indicated by them  may approach each other  ment of the money borrowed. (Id. c. Phiortn. p. 915.
in value; although in the age of Justinian, as  27.)  The security for a loan was either a  x7ero&('/j
Salmasius (de ll. U.) observes, the Tdlcos E'rdyaoor  or an eve'Xvpoe: the latter was put into the posor 124  per cent. was confounded with the cen- session of the lender, the former was merely assured
lesimae, which is exactly equal to the interest at a  to him, and generally, though not always, condrachina or 12 per cent.                           sisted of real or immovable property.  T'he  eeThe rates, above explained, frequently occur in  Xvpa, on  the  contrary, generally consisted  of
the orators; the lowest in ordinary use at Athens  movable  property,  such  as  goods  or slaves.
being the TdKOS lrlTiTcaeros or 10 per cent., the  (B1ickh, lbicl. p. 128.)  At Athens, when land
highest the r'ricos E7rfTpT0os or 33- per cenIt.  The  was given as security, or mortgaged (ohcra ulroj.
latter, however, was chiefly confined to cases of Xpews), pillars (ipote or o01'   7At) were set upon
bottomry, and denotes more than it appears to do, it, with the debt and the mortgagee's name inas the time of a ship's voyage was generally less  scribed.  1-ence an uninculbered  estate  wasr
than a year.  Its near equivalent, the Erx TpTel called an   o'rurci-ov  XcspLeov.  (Harpocratt. s. v.)
paXyeuas or 36 per cent., was sometimes exacted  In the rest of Greece there were public books of
by bankers at Athens.  (Lys. Fracg. as.)  The  debt, like the German and Scotcll registers of.srl 8paXytfi, or rate of 12 per cent., was common  mortgages; but they are not mentioned as having
in the time of Demosthenes (c. Aph. p. 820. 16), existed at Athens.
bhlt appears to have been thought low. The interest    Bottomry  (o'  VaIurTcLK s,  T'dlost YaVTWlOi, or
of eight oboli or 16 per cent. occurs in that orator  i'caoLes) was considered a matter of so much im(c. JNicos. p. 1250. 18); anld even in the age of portance at Athens, that fraud or breach of contract
Lysias (B. c. 440) and Isaeus (B. c. 400), nine  in transactions connected with it was sometimes
oboli for the mina, or 18 per cent., appears to have  punished with death. (Dem. c. P/zorm. p. 922. 3.)
been a common rate.  (Isaeus, de ITc-gyn. Isered.  In these cases the loans were generally made upon
p. 293.)  Aeschines also (c. Tieeasrc/. p. 15) speaks  the cargo shipped, sometimes on the vessel itself;
of money being borrowed ois the same terms; so  and sometimes oil the money received or due for
thlat on the whole we may conclude, that the usual passengers and freiglhtage (exrl av raeA: ).  The
rates of interest at Athens about the time of De- principal (eKc3ots, oOleEI 1Eo salrs, Harpocrat.) as
mostlienes varied from  12 to 18 per cent.  That well as the interest, could only be recovered in case
they were nearly the same in range, and similarly  the ship met with ino disaster in her voyage (uatexpressed, throughout the rest of Greece, ap- O|ELo-ss'r s Yess,   Dem. c. Zezoth. p. 883. 16); aclause
pears from the authorities quoted by Bickh.  No  to this effect being generally inserted in all agreeconlclusions on the subject of the general rate of I ments of bottomnry or Vaurttlcal couyyptpat.  The
interest can be drawn from  what we are told of additional risk incurred in loans of this description
the exorbitant rates exacted by common usurers  was compensated for by a high rate of interest,
(o0K'oyA(PSot, tocultiones, r LcEpo~aeveaTira).  Some  and the lenders took every precaution against
of these (Theophr. Clesract. 6) exacted as much as  negligence or deception on the part of the horan oboius and a half per day for each drachma; roowers; the latter also were careful to have witand moneylenders  Idl bhanklers in general, from  ilesses present when the cargo was put on board,
the high profits which they realised, and the se- for the purpose of deposing, if necessary, to a
verity with which thev exacted their dues, seem   bona.fide shipping of the required amount of goods.
to have been as unpopular amongst their fellow-  (Dem. c. Plzorsz. p. 915. 13).   The loanl itself
citizens as Jews asnd usurers  in more modern  was either a Bcauserpya i'(p07rXou, i. e. for a voyage
timn-es.  Demosthenes (c. P-ant. p. 981), indeed, out, or it was a adesrto'ea AlqeCorepd7rAovs', i. C. for
intimates that the fact of a man being a money- a voyage out and home.  Ill the former case the
lender was enouogh to prejudice him, even in a  principal and interest were paid at the place of
court of law, amongst the Athenians.  (MsoO~F-  destination, either to the creditor himself, if he
o-l' oh'AO'aea'otv roeN 6aleviSo'as.)  It is cull'ioUS  sailed isn the ship, or to all authorised age:et. (Dem.
also to  observe that Aristotle  (Pol. i. 3..~ 23)  c. P/esor2. p. 909. 24, and p. 914. 28.)  In the
objects, on principle, to putting nloney  out at latter case the payment was made on the return of
interest (esVoeyc6a'a  te'ETaL L57 oGAooTra':cT!i7), the ship, and it was specially provided in the
as being a perversion of it from  its proper use, as  agreement between the contracting parties, that
a medium  of exchange, to an unnatural purpose, she should sail to some specified places only.  A
riz. the reproduction or increase of itself; whence,  deviation from the terms of the agreement, in this
lie adds, comes the name of interest or'rovcoe, as  or other respects, was, according to a clause usually
being the offspring (Tb'ylyr'duesvo,) of a parent inserted in the agreement, punishable by a fine of
like itself.                                        twice the amount of the money lent.  (Dem. c.
The arrangement of a loan would of course de-  Diomys. p. 1294.)  Moreover, if the goods which
pend upon the relation betweenl the borrower and  formed the  original security  were sold, fresh
the lender, and the confidence placed by one in the  articles of the same value were to be shipped in
other.  Sometimes money was lent, e. g. by the  their place.  (Dem. c. Phsorm. p. 909. 26.)  Somelanker Pasion at Athens, without a security, or times also the trader (6 /xe'opos) was himself the
written bond, or witnesses.  (Dem. c. Timsoth. owner of the vessel (56,avtckAlpos), which in that
p. 1185.)  But generally either a simple acknow-  case might serve as a security for the money barledgnel-lt (Xsftpdypaeov ) was given by the bor-, rowed.  (Id. c. Diossys. p. 1284. 11.)




26s                 FENUS.                                             FENUS.
The rate of interest would of course vary with  age of Cicero.  This high rate does not appear to
the risks and duration of the voyage, and therefore  have been caused by any scarcity of money, for the
we cannot expect to find that it was at all fixed. rent of land and houses in Athens and its neigh.
Xenophon (de Vectig. iii. 7-14) speaks of the fifth  bourhood was not at all proportional to it.  Thus
and third parts of the capital lent as being com- Isaeus (de Hagn. Hered. p. 88) says that a house
monly given in bottomry, referring of course to  at Thriae was let for only 8 per cent. of its value,
voyages out and home.  The interest of an eighth  and some houses at Melite and Eleusis for a fracor 12- per cent., mentioned by Demosthenes (c. tion more. We should therefore rather refer it to
Polyc. p. 12] 2), was for money lent on a trireme, a low state of credit, occasioned by a variety of
during  a passage from Sestos to Athens, but upon  causes, such as the division of Greece into a number
condition that she should first go to Hierum  to  of petty states, and the constitution and regulation
convoy vessels laden with corn; the principal and  of the courts of law, which do not seem to have been
interest were to be paid at Athens on her arrival at all favourable to money-lenders in enforcing their
there.                                            rights.  Bickh assigns as an additional cause" the
The best illustration of the facts mentioned  want of moral principles."  (Bickh, Ibid. pp. 123
above, is found in a vautrcKI OTvyTypapi1, given in  -139, 2nd ed.)
the speech of Demosthenes against Lacritus.  It    2. ROMAN.  The Latin word for interest, fenes
contains the following statement and conditions.    or.fbenus, originally meant any increase, and was
Two  Athenians  lent two Phaselitans 3000  thence applied, like the Greek iT6cos, to denote tile
drachmae upon a cargo of 3000 casks of Mendean  interest or increase of money.  " Fenlus," says
vine, on which the latter were not to owe anything   Varro (aczed Gell. xvi. 12), " dictum a fetu et quasi
else, or raise any additional loan (ove' rerLeaveGoov- a fetura quadam pecuniae parientis atqnle incres-at).  They were to sail from Athens to Mende or centis."   The sanme root is found in fecundus.
Scione, where the wine was to be shipped, and  Fenus was also used for the principal as well as the
thence  to the Bosporus, with liberty, if they pre- interest.  (Tacit. Ann. vi. 17, xiv. 53.)  Another
ferred it, to continue their voyage on the left side  term  for interest was ussurae, generally found in
of the Black Sea as far as the Borysthenes, and  the plural, and also iscpendi2m, on which Varro
then to return to Athens; the rate of interest  (de Ling. Lat. v. 183, ]Iiiller) remarks, "a quo
being fixed at 025 drachmae in 1000, or 25 per  (pondere) usura quod in sorte accedebat, imupencent. for the whole time of absence.  If, however, dium appellatum."
they did not return to Hierum, a port in Bithynia    Towards the close of the republic, the interest
close to the Thracian Bosporus (VWolf, ad Lept. p. of money became due on the first of every month:
259), before the early rising of Arcturus, i. e. be-  hence the phrases tristes or celeres calendae and
fore the 20th of September or thereabouts, when  caletcariumb., the latter meaning a debt-book or book
navigation began to be dangerous, they had to pay  of accounts.  The rate of interest was expressed in
a higher rate of 30 per cent. on account of the ad-  the time of Cicero, and afterwards by means of the
ditional risk.  The agreement further specified  as and its  divisions, according to the following
that there should be no change of vessel for the  table:return cargo, and that if it arrived safe at Athens,    Asses usura, or one as per hontl
the loan was to be repaid within twenty days           fr t  rse of one hudrd               per cent
afterwards, without any deductions except for loss    Deunces  sure                     11
by payments made to enemies, and for jettisons    Deues sure...... 
Dextantes,.10.,
(im'EXXts 7rAiv iEcgoAXjr. io. r. A.) made with the    Dodrantes,,..... 
consent of all on board (or o-n7rAor); that till the    ranes...... 
money was repaid, the goods pledged (T& Vttro-         eo.......,,
KCe.ueVa) should  be under the control of the    Semisses,,,
lenders, and be sold by them, if payment was not,,
Quincunces,,.5
mnade within the appointed time; that if the sale    Trientes,
of the goods did not realise the required amount,    Quadrantes,..        
the lender might raise the remainder by making aes,. 
levy (rp.pa~ts) upon the property of both or either    Uncie,                      1
of the traders, just as if they had been cast in a. "
suit, and became bi7recpiEpol, i. e. had not complied    Instead of the phrase asses usuesae, a synonyme
with a judgment given against thenl within the  was used, viz. centesimae 2esurce, inasmuch as at
time appointed.  Another clause in the agreement  this rate of interest there was paid in a hundred
provides for the contingency of their not entering  months a sum equal to the whole principal. I-ence
the Pontus; in that case they were to remain in  binae centesimae =  24 per cent., and quaterce
the Hellespont, at the end of July, for ten days centesinzae =  48 per cent.  So also in the line ot
after the early rising of the dog-star (erl mKtY,), Horace (Sat. i. 2. 14), " Quinas hic capiti mercedes
discharge their cargo (ieAes0Oai) in somle place  exsecat," we must understand quinas centesilenas,
where the Athenians had no right of reprisals  or 60 per cent., as the sum taken from the capital.
(g7rov,   v a1 aexal ait -cot'AOeqvalots), (which  Niebuhr (Elist. of Rom. vol. iii. p. 57) is of opinion
might be executed unfairly, and would lead to  that the monthly rate of the centesimae was of
retaliations,) and then, on their return to Athens, foreign origin, and first adopted at Rome in the
they were to pay the lower rate of interest, or 25  time of Sulla.  The old yearly rate established by
per cent. Lastly, if the vessel were to be wrecked, the Twelve Tables (B. c. 450) was the  snciariuzn
the cargo was, if possible, to be saved; and the fenus.   This has been variously interpreted to
agreement was to be conclusive on all points.      mean, (1) one-twelfth  of the  centesima  paid
From the preceding investigation, it appears that monthly, i. e. one per cent. per annum; and (2)
the rate of interest amongst the ancient Greeks was  one-twelfth of the principal paid monthly, or a
higher than in modern Europe, and at Rome in the  hundred per cent. per annum.   Niebuhr (1. c.) re



FENUS.                                             FENUS..527
Futes at length the two opinions; but it may  e  side it (see Dem. -. C'elltip. p. 1236), hence calne
sufficient to observe that one is inconsistent with  the phrases scribere 2umr7o0s alicni, to promise to
common sense, and the other with the early history  pay (Plaut. Asin. ii. 4. 34); rescribere, to pay back,
of the republic.  A third and satisfactory opinion  of a debtor (Ter. Phorm. v. 7. 29).  So also peris as follows: — The uncia was the twelfth part of scribere, to give a bill or draft (perscriptio) on a
the as, and since the full (12 oz.) copper coinage  banker for payment, in opposition to payment by
was still in use at Rome when the Twelve Tables  ready money. (Cic. ad Alt. xii. 51, xvi. 2.)
became law, the phrase unciarium fenus would be    The Roman law of debtor and creditor is given
a natural expression for interest of one ounce in  under NExum.  It is sufficient to remark here that
the pound; i. e. a twelfth part of the sum  bor-  the Liciniam  laws [LECTES   LICINIAE], by which
rowed, or 8- per cent., not per month, but per year. the grievances of debtors were to a certain extent
This rate, if calculated for the old Roman year of redressed, did not lay any restriction on the rate of
ten months, would give 10 per cent. for the civil interest that might be legally demanded; and it is
year of twelve months, which was in common use  clear from various circumstances that the scarcity of
in the time of the decemvirs.  The analogy of the  money at Rome after the taking of the city by the
Greek terms rOdCor, er'Tiprros, &C., confirms this  Gauls had either led to the actual abolition of the
view, which, as Niebuhr observes, is not invalidated  old uncial rate (zuncicarmn fenus) of the Twelve
by the admission, that it supposes a yearly and not Tables, or caused it to fall into disuse. Nine years,
a monthly payment of interest; for though in the  however, after the passing of these laws (Liv. vii.
later times of the republic interest became due  16) the rate of the Twelve Tables wavs re-esevery month, there is no trace of this having been  tablished, and any higher rate prohibited by the
the case formerly.  (Rein, R'mische Privatrectd,  bill (rogatio) of the tribunes Duilius and Maenius.
p. 304.)   Nor is it difficult to account for the  Still this limitation of the rate of interest did not
change: it probably was connected with the modi-  enable debtors to pay the principal, and what Tacittes
fications made from time to time in the Romail   (Ann. vi. 16) calls the /cebre ssalum became at last
law of debtor and creditor (such as the abolition of so serious that the government thought it necessary
personal slavery for debt), the natural effect of to interfere, and remedy, if possible, an evil so great
which would be to make creditors more scrupulous  and inveterate.  Accordingly, fourteen years after
in lending money, and more vigilant in exacting  the passing of the Licinian laws, five commissioners
the interest due upon it.                          were appointed for this purpose under the title of
If a debtor could not pay the principal and in-  mensarii or bankers.  These opened their banks in
terest at the end of the year, he used to borrow  the forum, and in the name of the treasury offered
money from a fresh creditor, to pay off his old  ready money to any debtor who could give security
debt.  This proceeding was very frequent, and  (cuveree) to the state for it: moreover, they ordered
called a veruszera (compare Ter. Phormn. v. 2. 16),  that land and cattle should be received in payment
a word which Festus (s. v.) thus explains: " Versu-  of debts at a fair valuation, a regulation which
ram facere, mutuam pecusliam  sumere, ex eo dic-  Caesar adopted for a similar purpose. (Suet. Jul.
tom est, luoed initio qui mutuabantur ab aliis, ut  Cres. 42.)  By these meanns  Livy (vii. 21) tells
aliis solverent, velut verterent creditorem."  It us that a great amount of debt was satisfactorily
amounted to little short of paying compound in-  liquidated.  Five years afterwards, the legal rate
terest, or an Aznatociss2us anniversazius, another  of interest was still further lowered to the semumnphrase for which was tsurae rvenovataee; e.g. cen- ciarium jfenes, or the twenty-fourth part of the
tesienae?enovatae is twelve per cent. compound  whole sum (ad sesmuncias redacta csura, Tac. Ann.
interest, to which Cicero (ad Att. v. 21) opposes  vi. 16); and in B. c. 346 we read of several usurers
centisimae  pespetluo fJnore -!2 per cent. simple  being punished for a violation of the law (Liv. vii.
interest.  The following phrases are of common  28), by which they were subjected to a penalty of
occurrence in connection with borrowing and lend-  four times the amount of the loan. (Cato, de Re
ing money at interest: - Pecuzniam speud aliqueez   Rust. init.)  But all these enactments were merely
collocare, to lend money at interest; relegee, to  palliatives; the termination and cure of the evil
call it in again; caveree to give security for it;  was something more decisive-neither more nor
oJ)ponere or opponere pieqnori, to give as a pledge or  less than a species of national bankruptcy -- a
mlortgage: hence the pun in Catullus (Car. 26),    general abolition of debts or Xpeav'&rorcowri. This
"; Furi, villula nostra non ad Alustri       happened in B. c. 341, a year remcarkable for poFlatus opposita est nec ad Favrni            litical changes of great importance, and was folVerum ad millia quindecim et ducentos.       lowed up by the passing of the Genucian laws,
0 vecitlmt  horribilem na   cltqlleee ent,siet.  which forbade the taking of usury altogether. (Liv.
0 ventur horribilem atque pestilenter."I
vii. 42.)  A law like this, however, was sure to be
The word esnomenz is also of extensive use in money  evaded, and there was a very simple way of doing
transactions.  Properly it denoted the name of a  so; it only affected Roman citizens, and therefore
debtor, registered in a banker's or any other ac-  the usurers granted loans, not in the name of themcount-bookl;  hence it came to signifyr the articles  selves, but of the Latins and allies who were not
of an account, a debtor, or a debt itself.  Thus we  bound by it. (Liv. xxxv. 7.) To prevent this e vahleave bozeem nomen, a good debt: noemina fetcere,  sion the Semipronian law was passed (B.C. 194),
to lend monies (Cic. ad Facr. vii. 23), and also to  which placed the Latins and allies on the same
borrow money (Id. de 0. iii. 14).  Moreover, the  footing in respect of lending money as the full
RomaDs generally discharged debts through the  Roman  citizens.  At last, after many futile atagency of a banker (ineforo et de mensae scriptre'a)  tempts to prevent the exaction of interest at any
rather than by a direct personal payment (ex arca  rate, and in any shape, the idea was abandoned
dormogque); and as an order or undertaking for pay-  altogether, and the centesima or 12 per cent. per
ment was given by writing down the sum to be  annum  became the legal and  recognised rate.
paid, with the receiver's name underneath or along- NI Niebulhr, as we have already observed, is of opi



I283               FERIAE.                                              FERIAE.
nion that it was first adopted at Rome in the time  observed by single families or individtals, in come
of Sulla; but whether it became the legal rate by   nlenloration of some particular event  which had
any special enactment, or from general consent, does  been of importance to them or their ancestors.  As
not appear.  Some writers have inferred (Heinecc.  family feriae, are mentioned the jfriae Claudiaes,
iii. 15) that it was first legalised by the edicts of Alesailiae, Juliae, Corneliae, &c., and we must supthe city praetors, an inference drawn from  the  pose that all the great Roman families had their
general resemblance between.the praetorian and  particular feriae, as they had their private sacra.
proconsular edicts, coupled clith the fact that some  Among the family-holidays we may also mention
proconsular edicts are extant, by which the cente-  the flriae denzicales, i. e. the day on which a family,
sima is fixed as the legal rate in proconsular pro-  after having lost one of its members by death,
vinces.  (ln edicto tralaticio ceztesimaus ine obser-  underwent a purification.  (Fest. s. v.  Cic. tide
vewttluru /zlabuli, Cic. ad Att. v. 21.)  Whether this  Leg. ii. 222; Columell. ii. 22.)  Individuals kept
supposition is true or not, it is admitted that the  feriae on their birthdays, and other occasions which
centesinia or 12 per cent. was the legal rate towards  marked any memorable event of their lives. Duriug
the close of the republic, and also under the em-  the time of the empire the birthday of an emperor
perors. Justinian reduced it to 6 per cent. (Heinec.  sometimes assumed the character of a public holiday,
iii. 1 6.)                                          and was celebrated by the whole nation with ganles
In cases of fenus nauticum, however, or bottomry,  and sacrifices.  Thus the birthday of Augustus,
as the risk was the money lender's. he nfight de-  called Augustalia, was celebrated with great splenmicand any interest he liked while the vessel on  dour even in the time of Dion Cassius (liv. 34,
which the money was lent was at sea; but after she  lvi. 46).  The day on which Augustus had rereached harbour, and while she was there, no more  turned from his wars was likewise for a long time
thans the usual rate of 12 per cent, on the centesimas  made a holiday of.  (Tacit. AJnnal. i. 15, with the
could be demanded.                                  note of Lipsius; Dion Cass. liv. 10.)  The dies
Jlustinian made it the legal rate for fenus nauti-  natalicii of the cities of Rome and Constantinople
rm i under all circumstanlces. (Heinec. /. c.) [R.]W.]  were at a still later period likelwise reckoned among
FERA'LIA.  [FUNUS.]                              tlhe feriae.  (Cod. 3. tit. 12. s. 6.)
FE1 RCULUM  (from.fer-o), is applied to any        All fs/riae publicce, i. e. those which were obkilid of tray or platform used for carrying aenything.  served by the whole nation, were divided into
Thus it is used to signify the tray or franie on. which  felriae  stativae, feriae conceptivae, andfieriae impeeraseveral dishes were brought in at once at dinner  tivae.  Feriae stativae or statae were those which
(l'etron. 35; Plin. H. X. xxviii. 2); and hence  were held regtularly, and on certain days marked,fecula came to mean the number of courses at  in the calendar.  (Fest. s. v.; Macrob. 1. c.)  To
dilnner, and even the dishes themselves.  (Suet.  these belonged some of the great festivals, such as
Alctg. 74; Serv. ad VTirg. Aen. i. 637; Juv. i. 93, the Agonalia, Carmentalia, Lupercalia, &c. Feriae
xi. 64; Her. Sat. ii. 6. 104; 2M'art. iii. 50, ix. 82,  conceptivac orconceptae were held every year, but
xi. 31.)                                            not on certain or fixed days, the time being every
The ferculum  was also used for carrying the  year appointed by the magistrates or priests (gTotimeages of the gods in the procession of the circus  acesi s a-i?tzqistratibss vel ScoCeiot/OiblS co0ce1iprIntut,
(Suet. Jul. 76) [CiRcus, p. 287, a], the ashes of  Macrob. 1. c.; Varro, de Lisq. Lat. vi. 25, &c.;
the dead in a funeral (Suet. csal. 15), and the spoils  Fest. s. v.).  Among these we may mentionl the
in a triumph (Suet. Jul. 37; Liv. i. 10); in all  feriae Latinae, feriae Sementivae,     Panganalia. and
which cases it appears to have been carried on the  Compitalia.  F'elrire im7perativae are those which
shoulders or in the hands of men.  The most illus-  were held on certain emergencies at the commaend
trious captives were sometimes placed on a fer-  of the consuls, praetors, or of a dictator. The books
culuml in a triumph, in order that they might be  of Livy record many feriae imperativae, which
better seen.  (Senec. IHer. Oet. 109.)              were chiefly held in order to avert the dangers
FERENTA'RII.  [ExERCITUS, p. 502, b.]            which some extraordinary prodigy seemed to foreFERETRUM.  [FUNus.        ]                      bode, but also after great victories.  (Liv. i. 31,
FE'RIAE, holidays, were, generally speatling,  iii. 5, vii. 28, xxxv. 40, xlii. 3; Polyb. xxi. i.)
days, or seasons durinn  which free-born Rocmanls  They frequently lasted for several days, the number
suspended their political transactions and  their  of which depended upon the importance of the
law-suits, and during which slaves enjoyed a cessa-  event which was the cause of their celebration.
tion from  labour.  (Cic. de Leg. ii. 8. 12, lde Div.  But whenever a rain of stones was believed to have
i. 45.)  All feriae were thus  dies nefasti.  The  happened, the anger of the gods was appeased by
feriae included all days consecrated to any deity; a saecrem  nlotrsendials, or feriae per noviunz  dies.
consequently all days on which public festivals  This number of days had been fixed at the time
were celebrated were feriae or dies feriati.  But  when this prodigy had first been observed.  (Liv.
some of them, such as the feria vindemialis, and  i. 31.)  Respecting the legitimate forms in which
the feriae aestivae, seem to have had no direct con-  the feriae conceptivae and imperativae were annection with the worship of the gods.  The nun-  nounced and appointed, see Brisson. de Fores. p.
dinae, however, during the time of the kinlgs and  107, &c.
the early period of the republic, Were feriae only    The manner in which all public feriae were kIept
for the populus, and days of business for the ple-  bears great analogy to our Sunday.  The people
beians, until, by the Hortensian law, they became  generally visited  the temples of the gods, and
fasti or days of business for both orders. (Macrob.  offered up their prayers and sacrifices.  The most
Sat. i. 16; compare Niebuhr, Hist. of Ronme, vol. ii.  serious and solemn seem to have been the feriae
p. 213, &c.; Warlter, Gesc/ic/ste d. RoSz. Rec/lts,  imlperativae, but all the others were generally atp. 190.)                                           tended by rejoicings and feasting.  All kinds of
All feriae were divided into two classes, feriae  business, especially law-suits, wvere suspended durpFteicae and//riac pe-ivatae. The latter were only I ing the public feriae, as they were considered to




FERIAE.                                            FERIAE.                   629,pollute the sacred season; the rex sacrorum  and  shall proceed tu give a short account of those festithe flamines were not even allowed to behold any  vals and holidays which were designated by the
work being done during the feriae; hence, when  name of feriae.
they went out, they were preceded by their heralds    Feriae Latzizae, or simply Latinae (the original
(praeczae, pr'aectlamitato es, or calatores), who en- name was Latiar,'IMacrob. 1. c.; Cic. ad Quint.
joined the people to abstain from working, that the  Frat. ii. 4), had, according to the Roman legends,
sanctity of the day might not be polluted by the  been instituted by the last Tarquin in commemopriests seeing persons at work. (Fest. s. v. Praecia; ration of the alliance between the Romans and
Macrob. I. c.; compare Serv. ad Viyg. Georg. v. Latins.  (Dionys. Hal. iv. p. 250. Sylb.)  Bubl
268; Plnt. Numa, c. 14.)  Those who neglected  Niebuhr (Hist. of'Rme, ii. p. 934) has shown that
this admonition were not only liable to a fine, but the festival, which was originally a panegyris of
in case their disobedience was intentional, their the Latins, is of much higher antiquity; for we
crime was considered to be beyond the power of find it stated that the towns of the Priscans and
any atonement; whereas those who had unconsci- Latins received their shares of the sacrifice on the
ously continued their work, might atone for their Alban mount-whichwas the place of its celebration
transgression by offering a pig.  It seems that - along with the Albans and the thirty towns of
doubts as to what kinds of work might be done at the Alban commonwealth.   All that the last
pltblic feriae were not iunfrequent. and we possess Tarquin did was to convert the original Latin
some curious and interesting decisions given by  festival into a Roman one, and to make it the
Roman pontiffs on this subject.  One Umubro de- means of hallowing and cementing the alliance
clared it to be no violation of the feriae, if a person  between the two nations.  Before the union, the
did such work as had reference to the gods, or was  chief magistrate of the Latins had presided at the
connected with the offering of sacrifices; all work, festival; but Tarquin now assumed this distinche moreover declared, was allowed which was ne- tion, which subsequently, after the destruction of
cessary to supply the urgenlt wants of human life. the Latisn commonwealth, remained with the chief
The pontiff Scaevola, when asked what kind of magistrates of Rome.  (Liv. v. 17.)  The object
work might be done on a dies feriatus, answered  of this panegyris on the Alban mount was the
that any work might be done, if any suffering or worship of Jupiter Latiaris, and, at least as long
injury should be the result of neglect or delay, e. g. as the Latin republic existed, to deliberate and
if an ox should fall into a pit, the owner might decide on matters of the confederacy, and to settle
employ workmen to lift it out; or if a house  any disputes which might have arisen among its
threatened to fall down, the inhabitants might take  members,   As the feriae Latinae belonged to the
such measures as would prevent its falling, without conceptivae, the time of their celebration greatly
polluting the feriae.  (Macrob. I. c. and iii. 3; depended on the state of affairs at Rome, as the
Virg. Geour. i. 270, with the remarks of J. H.Voss; consuls were never allowed to take the field until
Cato, de Re eRust. 2; Columella, ii. 22; compare  they had held the Latinae.  (Liv. xxi. 63, xxii. 1,
Math. xii. 11; Luke xiv. 5,)  Respecting the va- xxv. 12.)  This festival was a great engine in the
rious kinds of legal affairs which  light be brought hands of the magistrates, who had to appoint the
before the practor on days of public feriae, see  time of its celebration (concipere, edicere, or indicere
Digest. 2. tit. 12. s. 2.                          Latinas); as it migihlt often suit their purpose
Itseems to have been owing to the immense in- either to hold the festival at a particular time or
crease of the Roman republic and of the accuntula- to delay it, in order to prevent or delay such pubtion of business arising therefrom, that some of the lic proceedings as seemed injurious and pernicious,
feriae such as the Compitalia and Lupercalia, in  and to promote others to which they were favourthe course of time ceased to be observed, until they  ably disposed.  This feature, however, the feriae
were restored by Augustus, who revived many of Latinae had in conmmon with all other feriae conthe ancient religious rites and ceremonies.  (Suet. ceptlvae.  Whenever any of the forms or cereA/ug. 31.)  Marcus Antoninus again increased the  monies customary at the Latinaehad been neglected,
number of days of business (dies f ksti) to 230, and  the consuls had the right to propose to the senate,
the remaninng days were feriae. (Capitol. Mii. Anton. or the college of pontiffs, that their celebration
/ail. c. 10.)  After the introduction  of Christi- should be repeated  (instaucari, Cic. ad Quint.
nsity in the Roman enmpire, the old feriae were Frat. ii. 6; Liv. xxii. 1, xli. 16).   Respecting
abolished,  and the Sabbath,  together with the the duration of the feriae Latinae, the common
Christian festivals, were substituted; but the man- opinion formerly was, that at first they only lasted
lier in which they were kept was nearly the same for one day, to which subsequently a second, a
as that in which the feriae had been observed. third, and a fourth were added (Dionys. Hal. vi.
Law-suits wereaccordingly illegal on Sundays and p. 415. Sylb.); but it is clear that this suppoholidays, though a master might emancipate his sition was founded on a concusion of the feriae
slave if he liked.  (Cod. 3. tit. 12.)  All work  Latinae with the Ludi Maxini, and that they
and all political as well as judicial proceedings, lasted for six days; one for each decury of the
were suspended; but the country people were al- Alban and Latin towns. (Niebuhr, Hist. of Rome,
lowed freely and unrestrainedly to apply them- ii. p. 35; comp. Liv. vi. 42; Plut. Camill. 42.)
selves to their agricultural labours, which seem  at The festive season was attended by a sacred truce,
all times to have been distinguished from and  andno battle was allowed to be fought during those
thought superior to all other kinds of work; for, as days.  (Dionys. Hal. iv. p. 250, Sylb.; Macrob.
mentioned below, certain feriae were instituted  1. c.)  In early times, during the alliance of the
imerely for the purpose of enabling the country  Romans and Latins, the chief magistrates of both
people to follow  their rural occupations without nations met on the Alban mount, and conducted
being interrupted by law-suits and other public  the solemnities, at which the Romans, however,
transactions.                                     had the presidency.  But afterwards the Romans
After this general view of the Roman feriae, we alone conducted the celebration, and offered the
M M




530            FESCENNINA.                                           FETIALES.
common sacrifice of an ox to Jupiter Latiaris, in  (Horat. Epist. ii. 1. 145.)  This amusement seems
the name and on behalf of all who took part in it. originally to have been peculiar to country people,
The flesh of the victim was distributed among the  but it was also introduced into the towns of Italy
several towns whose common sanctuary stood oln and at Rome, where we find it mentioned as one
the Albhm mount.  (Dionys. Hal. 1. c.; Varro, de  of those in which young people indulged at wedLing. Lat. vi. 25; Schol. Bobiens. in Cic. Orat.  dings.  (Serv. a1d Aenz. vii. 695; Seneca, Controv.
pro Plane. p. 255, &c. Orelli.)  Besides the com-  21; Plin. H. Nr. xv. 22.)  The fescennina were
mon sacrifice of an ox, the several towns offered  one of the popular amusements at various festivals,
each separately lambs, cheeses, or a certain quan-  and on many other occasions, but especially after
tity of milk (Cic. de Div. i. 11), or cakes.  Mul-  the harvest was over.  After their introduction
titudes flocked to the Alban mount on the occasion, into the towns they seem  to have lost much of
and the season was one of great rejoicings and  their original rustic character, and to have been
feasting.  Various kinds of games were not want-  modified by the influence of Greek refinement (see
ing, among which may be mentioned the oscillatio  Virg. Geoir. ii. 385, &c.; Tibull. ii. 1. 55; Catull.
(swinging, Fest. s. v. Oscillsuo).  It was a sym-  61. 27); they remained, however, in so far the
bolic game, and the legend respecting its origin  same, as they were at all times irregular, and
shows that it was derived from the Latins.  Pliny  mostly extempore  doggerel verses.   Sometimes,
(UE. N. xxvii. 2) mentions that during the Latin  however, versus iescennini were also written as
holidays a race of four-horse chariots (quadrigcae  satires upon persons. (Macrob. Satsrn. ii. 4.) That
certctant) took place on the Capitol, in which the  these railleries had no malicious character, and
victor received a draught of absynthinum.          were not intended to hurt or injure,  may be illAlthough the Roman consuls were always pre-  ferred from the circumstance that one person often
sent on the Alban mount, and conducted the  called upon another to answer and retort in a sim i.
solemn sacrifice of an ox, yet we read that the  lar strain.  The fescennina are generally believed
superintendence of the Latinae, like that of other to have been introduced amniong the Romans froni
festivals, was given by the senate to the Aediles,  Etruria, and to have derived their name from Feswho, therefore, probably conducted the minor sa- cennia, a town of that country.  But, in the first
crifices, the various gaimes, and other selemnities  place, Fescennia was not an Etruscan but a Falis(Dionys. Hal. vi. p. 41 5.) While the consuls were  can town (Niebuhr, Hist. of Rome, i. p. 136), and,
engaged on the Alban mount, their place at Rome  in the second, this kind of amusement has at all
was filled by the praefectus urbi.  [PRAEFECTUS  times been, and is still, so popular ill Italy, that it
URBI.]                                             can scarcely be considered as peculiar to any parThe two days following the celebration of the  ticular place.  The derivation of a name of this
Latin holidays were considered as dies seligiosi, so  kind from  that of some particular place was forthat no marriages could be contracted.  (Cic. ad  merly a favourite custom, as may be seen in the
Quint. Frat. ii. 4.)   From  Dion Cassius we see  derivation of caerimonia fromn Caere. Festus (s. v.)
that in his times the Feriae Latinae were still endeavours to solve the question by supposing fesstrictly observed by the Romans, whereas the  cenuina to be derived from fascinllm, either because
Latin towns had, at the time of Cicero, almost en- they were thought to be a protection against sortirely given up taking any part ill them.  The  cerers and witches, or because fascinum (phallus),
Romans seemed to have continued to keep them  the symbol of fertility, had in early times, or in
down to the fourth century of our era.  (Lactant. rural districts, been connected with the amusements
Institut. i. 21.)                                  of the fesceainina.  But whatever may be thought
Fe-eiae Sesmentivae, or Seenzetinas  dies, was kept of this etymology, it is of importance not to be
in seed-tinie for the purpose of praying for a good nmisled by the common opinion that the fescenn!ina,
crop; it lasted only for one day, which was fixed  were of Etruscan origin.               [L. S.]
by the pontiffs.  (Varro, de Ling. Lat. vi. 26,    FESTI DIES.  [DIEs.]
de Re Rust. i. 2, init.; Ovid, Fatst. i. 658, &c.)  FESTU'CA.  [MANUsIISSmo.]
Peria vinsdemnialis lasted from the 22d of August    FETIA'LES, a college (Liv. xxxvi. 3) of Roto the 15th of October, and was instituted for the  man priests who acted as the guardians of the
purpose of enabling the country-people to get in  public faith.  It was their province, when any
the fruits of the field and to hold the vintage.  dispute arose with a foreign state, to demand satis(Codex, 3. tit. 12.)                              faction, to determine the circumstances under
Feriae aestivae were holidays kept during the  which hostilities might be commenced, to perfornl
hottest season of summer, when many of the weal- the various religious rites attendant on the solemn
thier Romans left the city and went into the  declaration of war, and to preside at the formal
country. (Gellius, ix. 15. ~ 1.) They seem to have  ratification of peace.  These functions are briefly
been the samie as the sw2essis ftpria (Cod. 3. tit. 12. but comprehensively defined by Varro (De Li2iy.
s. 2, 6), and lasted from the 24th of June till the  Lat. v. 86, ed MUller), " Fetiales... fidel publicae
1st of August.                                    inter populos praeerant: nam  per hos fiebat ut
_Feriae praecidaneae are said to have been pre- justum conciperetur bellunl et inde desitmn, ut
paratory days, or such as preceded the ordinary  foedere fides pacis constitueretur.  Ex his mitferiae; although they did not belong to the feriae, tebantur, antequam conciperetur, qui res repeterent,
and often even were dies atai, they were on certain  et per hos etiam nunc fit foedus," to which we
occasions inaugurated by the chief pontiff, and thus  may add the old law quoted by Cicero  (De Leg.
made feriae.  (Gellius, iv. 6.)        [L. S.]   ii. 9), " FOEDERUM, PACIS, BELLI, INDUCIARUMI
FESCENNI'NA, scil. carmina, one  of the  ORATORES FETIALES JUDICESQUE SUNTO; BEILLA.
earliest kinds of Italian poetry, which consisted of DISCEPTANTO."  Dionysius (ii. 72) and Livy (i.
rude and jocose verses, or rather dialogues in ex.. 32) detail at considerable length the ceremonies
tempore verses (Liv. vii. 2), in which the merry  observed by the Romans in the earlier ages, when
country folks assailed and ridiculed one another. they felt themselves aggrieved by a neighbouring




FETIALES.                                           FIBULA.                   531
people.  It appeai's that when all injury had been  with certainty, but some have inferred from a passustained, four fetiales (Varro, ap. Non.) were  sage quoted from Varro by Nonius (xii. 43) that
deputed to seek redress, who again elected one of it amounted to twenty; of whom  Niebuhr suptheir number to act as their representative.  This poses ten were elected from  the Ramnes and
individual was styled the pater pramtuus populi ten from the Titienses; but Gittling (Geschichte der
Riomani. A fillet of white wool was bound round  RMs7. Staaetsves: p. 195) thinks it more probable
his head, together with a wreath of sacred herbs  that they were at first all chosen from the Ramnes,
gathered within the inclosure of the Capitoline hill as the Sabines were originally unacquainted with
(werbesnae, sagminca) [SAGMIN-A], whence he was the use of fetiales.  They were originally selected
sometimes namned Verlbenarius.  (Plin. HI. N. xxii. from the most noble families; their office lasted for
2.)  Thus equipped he proceeded to the confines life (Dionys. ii. 72); and it seems probable that
of the offending tribe, where he halted and ad- vacancies were filled up by the college (cooptatione)
dressed a prayer to Jupiter, calling the god to wit-  antil the passing of the Lex Domitia, when in comness, with heavy imprecations, that his complaints mon with most other priests they would be nomiwere well founded and his demands reasonable. nated in the comitia tributa.  This, however, is
He then crossed the border, and the same form  nowhere expressly stated.
was repeated in nearly the same words to the first    The etymology of fbtialis is uncertain.  Varro
native of the soil whom he might chance to meet; would connect it with fiduls and fbedus; Festus
again a third time to the sentinel or any citizen  with ferio or fibcio: while some modern scholars
whom  he encountered at the gate of the chief suppose it to be allied to VF/ui, and thus qplprsdiels
town; and a fourth timne to the magistrates in the  wotldd be oratores, speakers.  In inscriptions we
forum in presence of the people.  If a satisfactory  find bothfetialis andJ/cialis; but since in Greek
answer was not returned within thirty days, after MSS. the word always appears under some one of'
publiclydelivering asolemn denunciation,-iin which  the forms   OT'\,es sz ETa'dAELts, OsLslAetLs, the
the gods celestial, terrestrial, and infernal were  orthography we have adopted in this article is
invoked,-of what might be expected to follow, he probably correct.
returned to Rome, iand, accompanied by the rest    The explanation given by Livy (i. 24) of the
of the fetiales, made a report of his mission to the  origin of the term Pater Pstsa'atus is satisfactory:senate.  If the people ( Liv. x. 45), as well as the  " Pater Patratus ad jusjurandum  patrandurn, id
senate, decided for war, the pater patratus again  est, sanciendum  fit foedus; " and we may at once
set forth to the border of the hostile territory, and  reject the speculations of Servius (ad Aen. ix. 53,
launched a spear tipped with iron, or charred at x. 14, xii. 206) and Plutarch  (Q. R. p. 127, ed.
the extremity and smeared with blood (emblematic  Reiske); the former of whom supposes that he was
doubtless of fire and slaughter) across the boun- so called because it was necessary that his father
dary, pronouncing at the same time a solemn  should be alive, the latter that the name indicated
declaration of war.  The demand for redress and  that his father was living, and that he himself was
the proclamation of hostilities were alike termed  the father of children.              [W. R.]
clarigatio, which word the Romans in later times    FI/BULA (repo'vsr, 7repolos, 7reposlrTpis: 7rodp7rq,
explained by clare reletere (Plin. H. N. xxii. 3;  rE'rsroprifs:  essVE-), a brooch consisting of a pin
Serv. ad VisY. Aen. ix. 53); but Gbttling (Ge- (aeus), and of a curved portion furnished with a
schiclte der Ros. Staatsvef. p. 196) and other mo- hook (KALds, Hoem. Od. xviii. 293).  The curved
dern writers, connect it with the Doric form  of portion was sometimes a circular ring or disc, the.rspvS and KI7pvsICELos.                          pin passing across its centre (woodcut, figs. 1, 2),
Several of the formulae employed on these occa- and sometimes ans arc, the pin being as the chord
sions have been preserved by Livy (i. 24, 32), and  of the are (fig. 3).  The forms of brooches, which
Aulus Gellius (xvi. 4), forming a portion of the  were commonly of gold or bronze, and more rarely
Jzls Fetiale by which the college was regulated. I of silver (Aelian, V. H. i. 18), were, however, as
The services of the fetiales were considered abso- various in ancient as in modern times; for the
lutely essential in concluding a treaty (Liv. ix. 5); fibula served in dress not merely as a fastening,
and we read that at the termination of the second  but also as an ornament.  (Honi. Od. xix. 256,
Punic war fetiales were sent over to Africa, who  257; Eurip. Plhoen. 821.)
carried with them  their own verbenae and their. 2.         3.       4.   5.    6.   7.
own flint stones for smiting the victiml.  Here also
the chief was termed pater patsatus.  (Liv. xxx.
43.)
The institution of these priests was ascribed by   J
tradition, in common with other matters con-   } 
nected with religion, to Numa (Dionys. ii. 71); 
and although Livy (i. 32) speaks as if lie attributed their introduction to Ancus Martius, yet in
an earlier chapter (i. 24) he supposes them to have
existed in the reign of Hostilius.  The whole                                         ol
system is said to have been borrowed from the             x A
Aeqnicolae or the Ardeates (Liv. and Dionys. I. c.),
and similar usages undoubtedly prevailed among. Women wore the fibula both with the AMICTUS
the Latin states; for it is clear that the formula  and the indutus; msen wore it with the amictus
preserved by Livy (i. 32), must have been em- only.  Its most frequent use was to pin together
ployed when the pater patratus of the Romans was two parts of the scarf, shawl or cloak [CHLAnput in communication with the pater patratus of MYS; PEPLUM; PALLIUM],'  which constituted
the Prisci Latini.                                the amictus, so as to fasten it over the right
The number of the fetiales cannot be ascertained  shoulder.  (Soph. Trach. 923; Theocrit. xiv. 66;
ns Ms- 2




532               FIBULA.                                             FICTILE.
Ovid, Met. viii. 318; Tacit. Germ. 17). [Wood- 567);  the trenails which unite the posts and
cuts, pp. 2, 117, 213.]   More rarely  we see it planks of a wooden bridge (Caesar, B. G. iv. 17);
over the breast.  [Woodcut, p. 218.]  The epi- and the pins fixed into the top of a wooden trithet irEpd7rop7ros was applied to a person wear- angle used as a mechanical engine (Vitruv. x. 2).
ing the fibula on one shoulder only (Schol. in    The practice of infibulating singers, alluded to
Esurip. I-ec. 933, 934); for women often wore it by Juvenal and Martial, is described in Rhodius
on both shoulders.  [Woodcuts, pp. 136, 243, De Acia and Pitiscus.                        [J. Y.]
257.]  In consequence of the habit of putting on    FI'CTILE   (Ktpiu/os, c    cepspwov,    so-paiov,
the amictus with the aid of a fibula, it was called  r'orpdKiwov), earthenware, a vessel or other article
7rspovica or iEurepovlya (Theocrit. Adonz. 34. 79), made of baked clay.
7ropvrnua (Eurip. Elect. 820), or &/rEXd1v   7rexpo-    The instruments used in pottery (ar's figqlinn)
V'ritS (Brunck, Anal. ii. 28). The splendid shawl were the following:-1. The wheel (rpoxds, os-bis,
of Ulysses, described in the Odyssey (xix. 225-  rota, " rota figularis," Plaut. Epid. iii. 2. 35),
231), was provided with two small pipes for ad-  which is mentioned by Homer (II. xviii. 600), and
mitting the pin of the golden brooch; this contri- is among the most ancient of all human inventions.
vance would secure the cloth from being torn. The  According to the representations of it on the walls
highest degree of ornament was bestowed upon  of Egyptian tombs (Wilkinson, lefanners and Cusbrooches after the fall of the western empire. tones, iii. p. 163), it was a circular table. placed on
Justin II. (Corippus, ii. 122), and many of the  a cylindrical pedestal, and turning freely  on a
emperors who preceded him, as we perceive from  point.  The workman, having placed a lump of
the portraits on their medals, wore upon their clay upon it, whirled it swiftly with his left hand,
right shoulders fibulae, from  which jewels, at-  and employed his right in moulding the clay to
tached by three small chains, depended.  (Beger, the requisite shape.  Henlce a dish is called " the.T/es. Pat. p. 407, 408, &c.)                     daughter of the wheel"' (TpoXpCikd'ros Icf6p, XenarIt has been already stated that women often  chus, ap. Athenl. ii. p. 64).  2. Pieces of wood or
wore the fibula on both shoulders.  In addition to  bone, which the potter (KcepanuEs,f glszmlzs) held in
this, a lady sometimes displayed an elegant row of his right hand, and applied occasionally to the
brooches down each arm  upon the sleeves of her surface of the clay during its revolution. A pointed
tunic (Aelian, Y. 11. i. 18), examples of which are  stick, touching the clay, world inscribe a circle
seen in many ancient statues.  It was also fashion- upon it; and circles were in this manner disposed
able to wear them  on the breast (Isid. Orig. xix. parallel to one another, and in any number, ac30); and another occasional distinction of female  cording to the fancy of the artist.  By having the
attire, in later times, was the use of the fibula in  end of the stick curved or indented, and by turning
tucking up the tunic above the knee.               it in different directions, be would impress many
Not only might slight accidents to the person  beautiful varieties of form  and outline upon his
arise from wearing brooches (Hom. 11. v. 426), but vases. 3. Moulds (forsmae, re roL, Schol. ixs Areist.
thev were sometimes used, especially by females, to  Eccles. 1), used either to decorate with figures in
inflict serious injuries. The pin of the fibula is the  relief (porpdr-vra) vessels which had been thrown
instrument, which the Phrygian women employ to  on the wheel, or to produce foliage, animlals, or
deprive Polymnestor of his sight by piercing his  any other appearances, on ANTEFIXA, on cornices
pupils (Eurip. I-ec. 1170), and with which the  of terra cotta, and inlitative or ornamental pottelry
Athenian women, having first blinded a man, then  of all other kinds, in which the wheel was not
dispatch him. (Herod. v. 87; Schol. in Eurip. HIe.  adapted to give the first shape.  The'annexed
934).  Oedipus strikes the pupils of his own eye-  woodcut shows three moulds, which were found
balls with a brooch taken from the dress of Jocasta  near Rome by M. Seroux d'Agincourt. (Recueil de
(Soph. Oedl. Tyr. 1269; Eurip. Phloen. 62).  For  Ftragmens, p. 88-92.)   They are cut in stone.
the same reason we find that 7repovanw meant to  One of them was probably used for making antepierce, since 7rEpdvml  was properly the pin of the  fixa, and the other two for making hearts and
brooch (srEpdil7o-Es "pinned him," Hom. II. vii. legs, designed to be suspended by poor persons
145; xiii. 397).                                  " ex veto," in the temples and sanctuaries.  [DoBrooches were succeeded by buckles, especially  NARtA.]  Copies of the same subject, which might
among the Romans, who called them by the same
name.  The preceding woodcut shows on the right
hand the forms of four bronze buckles (4, 5, 6, 7) from
the collection in the British Museum. Thisarticle                    I
of dress was chiefly used to fasten the belt [BALTEUS], and the girdle [ZoNA].  (Virg. Aen. xii.
274; Lydus, De Meag. Roes. ii. 13).  It appears                                             "I
to have been in general much more richly orna-                                    i___
mented than the brooch; for, although Hadrian
was simple and unexpensive iii this as well as in
other matters of costume (Spartian.  iadr-. 10),
yet many of his successors  were exceedingly               _                     -
prone to display buckles set with jewels (fibulae            _
gemnnzatae).
The terms which have now been illustrated as in this manner be multiplied to any extent, were
applied to articles of dress, were also used to denote  called " ectypa."  4. Graers or scalpels, used by
pins variously introduced in carpentry; c. g. the  skilful modellers in giving to figures of all kinds a
linch-pins of a chariot (Parthen. 6); the wooden pins  more perfect finish and a higher relief than could
inserted thro   the sides of a boat, to which the  be produced by the use of moulds.'Tbese instruPailors fasten their lines or ropes (Apoll. Rhod. i.  ment, exceedingly simple in themselves and de



FICTILE.                                           FICTILE.                  533
riving their efficiency altogether from  the ability  20. 3; Piin. ES. N. xiv. 25, 27.)  Hence a
and taste of the sculptor, would not only contri-' dolium picatum fictile " was used, as well as a
bute to the more exquisite decoration of earthen  glass jar to hold pickles. (Colum. Re Rust. xii. 18,
vessels, but would be almost tile only tools appli- 54.)  Also the year of the vintage was inscribed
cable for making " Dii fictiles," or gods of baked  by the use of pitch, either upon the amphorae
earth, and other entire figures. (Propert. ii. 3. 25, themselves or upon the labels (pittacia, schedia),
iv 1. 51.; Plin. II. N. xxxv. 45, 46; Sen. Cons. ad  which were tied round their necks.  (Hor. Carna.
41b. 10; &aiyaXAara EKc 7rokoD, 0'7rirs yis, Paus. iii. 21. 1-5.)  Although oily or bitumlinous subi. 2. ~ 4, i. 3. ~ 1, vii. 22. ~ 6.)   These were  stances were most commonly employed in pottery
among the earliest efforts of the plastic art, and  to produce by the aid of fire (ed 6Be ieAeanOeue,;
even in times of the  greatest refinement and  Hom. Epig. xiv. 3) the various shades of black
luxury they continued to be regarded with reve- and brown, the vessels, before being sent for the
rence.                                            last time to the furnace [FORNAX], were someVessels of all kinds were very frequently fur-  times immersed in that finely prepared mud, now
nished with at least one handle (aersa, ocas, Us). technically called " slip," by which the surface is
The AMPHORA was called Diota, because it had  both smoothed and glazed, and at the same time
two.  The name of the potter was commonly  receives a fresh colour.  Ruddle, or red ochre
stamped upon the handle, the rim, or some other  (/lArfos, subrica), was principally employed for
part. Of this we have an example in the amphora, this purpose.  (Suidas, s. v. KAkntidos iceppaeuie.)
adapted for holding grain or fruits, oil or wine, To produce a further variety in the paintings upon
which is here introduced from the work of Seroux  vases the artists employed a few brightly coloured
d'Agincourt.  The figure on the right hand shows  earths and metallic ores. [PIcTURA, No. 9.]
the name in the genitive case  " Maturi," im-    As we might expect concerning  an art so indispressed on an oblong surface which is seen on the  pensable as that of the potter, it was practised to
handle of the amphora.                             a great extent in every ancient nation; even the
most uncivilized not being strangers to it, and
sometimes displaying a surprising degree of dexterity. The remains of an ancient pottery have been
found in Britain, and some of the potters' names
preserved on their works, are probably British.
We are told of a place called the Potteries (Fig.
linae) in Gaul.  Numa instituted a corporation of
potters at Rome. (Plin. H. N. xxxv. 46.)  Mention has already been made of Egypt, and there
are frequent allusions to the art in the ancient
writings of the Jews.  We also read of its pro400        Sductions  in  Tralles, Pergamnus, Cnidus, Chios,
Sicyon, Corinth, Cumae, Adria, Modena, and
Nola, from  which city the exports of earthenware
were considerable, and where some of the most exquisite specimens are still discovered.  But three
places were distinguished above all others for the
extent and excellence of this beautiful manufacture.
The earth used for making pottery (hrepCasIKn      1. Samos, to which the Romans resorted for the
ye,, Geopon. ii. 49) was commonly red, and often  articles of earthenware necessary at meals, and
of so lively a colour as to resemble coral.  Van-  intended for use rather than display.  (Plant.
quelin found, by analysis, that a piece of Etruscan  Baccih. ii. 2. 24, Stich. v. 4. 12; Tibull. ii. 3. 51;
earthenware contained the following ingredients:-   Cic. pro Aifo'renR. 36; Plin. II. NV. xxxv. 46;
Silica, 53; alumina, 15; lime, 8; oxide of iron, Tertull. Apol. 25.)
24.  To the great abundance of the last constitu-    2. Athens, a considerable part of which was
ent the deep red colour is to be attributed. Other  called Cerameicus, because it was inhabited by
pottery is brown or cream-coloured, and sometimes  potters.  In this quarter of the city were temples
white.  The pipe-clay, which must have b'een used  dedicated to Athena, as presiding over every kind
for white ware, is called " figlina creta."  (Varro, of handicraft, and to the two fire-gods, Hephaestos
Re Rust. iii. 9.)  Some of the ancient earthenware  and Prometheus, the latter of whom was also the
is throughout its substance black, an effect pro- mythical inventor of the art of modelling.  Various
duced by mixing the earth with comminuted as- traditions respecting Coroebus and others point to
phaltum (gagates), or with some other bituminous  the early efforts of the Athenian potters (Plin. H. A.
or oleaginous substance.  It appears also that as- vii. 57, xxxv. 45; Critias ap. Atilen. i. p. 28);
phaltum, with pitch and tar, both mineral and  and it is a remarkable circumstance that the enemies
vegetable, was used to cover the surface like a var- of free trade, and especially of Athenian influence at
nish.  In the finer kinds of earthenware this var- Aegina and Argos, imposed restrictions on the use
nish served as a black paint, and to its application of these productions. (Herod. v. 88.) The Athemany of the most beautiful vases owe the decora- nian ware was of the finest description; the mastertions which are now so highly admired. (Plin. H. pieces were publicly  exhibited at the  PANAAN. xxxvi. 34.)  But the coarser vessels, designed  THENAEA, and were given, filled with oil, to the
for common purposes, were  also smeared with  victors at the games; in consequence of which, we
pitch, and had it burnt into them, because by this  now read on some of them, in the British Museum
kind of encaustic they became more impervious to  and other collections, the inscription T&n'AOV/7O0ev
mloisture and less liable to decay.  (Hor. Caen. i  dHawn or other equivalent expressions. (Pind. NOn.
M o




634.             FICTILE.                                             FICTIO
x. 35; Schol. and B13ckh, ad loc.; Bbckh, Corp.  as they deviated from the ancient simplicity, l;adt
Inse. vol. i. p. 49.) MIany other specimens were pre- a  great display of the more splendid kind  of
sents given to relations and friends on particular vessels, yet they continued to look upon pottery not
occasions, and often distinguished by the epithets  only with respectbut even withveneration. (Ovid,
tcads and icaXi added to their names.  A circum-   let. viii. 690; Cic. ad Att. vi. 1; Juv. iii. 1689
stance which contributed to the success of the Athe- x. 25.)  They called to mind the magnanimity of
nians in this manufacture, was a mine of fine pot- the Consul Curins, who preferred the use of his own
ter's clay in the Colian Promontory, near Phalerum. earthenware to the gold of the Samnites (Florus, i.
(Suidas, 1. c.; Athen. xi. p. 482.)  The articles  18); they reckoned some of their consecrated
made from it became so fashionable, that Plutarch  terra-cottas, and  especially the above-mentioned
(De Audit.) describing an act of extreme folly, quadriga, among the safeguards of their imperial
compares it to that of the man who, having swal- city (Serv. ad Virg. Aen. vii. 188); and, bound by
lowed poison, refuses to take the antidote unless it old associations and the traditons of their earliest
be administered to him in a cup made of Colians clay. history, they considered earthen vessels proper for
Some. of the " Panathenaic" vases, as they were  religious ceremonies, although gold and silver mightl
called, are two feet in height, which accords with  be admitted in their private entertainments (Terwhat is said by ancient authors of their uncommon  tull. 1. c.); for Pliny says (H. 1. xxxv. 46), that
size. (Athen. xi. p. 495; Bbckb, is PFind. F-ag. No. the productions of this class, " both in regard to
89.)  A  diota was often stamped upon the coins their skilful fabrication and their high antiquity,
of Athens, in allusion to the facts which have now  were more sacred, and certainly more innocent, tllbu
been explained.                                     gold."
3. Etruria, especially the cities of Aretium and    Another term, often used as synonymous with
Tarcquinii.  Whilst the Athenian potters excelled fictile was testa.  [DoLIUse; LATER; PATERA;
all others in the manufacture of vessels, the Tuscans, PATINA; TEGULA.1                    [J. Y.]
besides exercising this branch of industry to a great    FIICTIO.  Fictions in Rolman law are like ficextent though in a less tasteful and elaborate  tions in English law, of which it has been said that
manner, were very remarkable for their skill in  they are " those things that have no real essence
producing all kinds of statuary  in baked clay. in their own body, but are so acknowledged and
Even the most celebrated of the Roman temples accepted in law for some especial purpose."  The
were adorned, both within and without, by the  fictions of the Roman law apparently had their
aid of these productions.  The most distinguished  origin in the edictal power, and they were devised
among them was an entire quadriga, made at Veii, for the purpose of providing for cases where there
which surmounted the pediment of the temple of was no legislative provision.  A fiction supposed
Jupiter Capitolinus. (Plin. H. N. xxviii. 4, xxxv. something to be which was not; but the thing sup45, xxxvi. 2; K. 0. MUiller, Etl ztsker, iv. 3. 1, 2.) posed to be was such a thing as, being admitted to
The Etrurians  also mlanifested their partiality to  be a fact, gave to some person a right or imposed
this branch of art by recurring to it for the purpose  on some person a duty.  Various instances of ficof interment; for whilst Pliny mentions (H. \. tions are mentioned by Gaius.  One instanlce is
xxxv. 46), that many persons preferred to be buried  that of a person who had obtained the bonorulls
in earthen jars, and in  other parts of Italy the  possessio ex edicto.  As lie was not heres, ihe had
bones of the dead have beens found preserved in  no direct action: he could neither claim the proamphorae, Etruria alone has afforded examples, perty of the defunct as his (legal) property, nor
some of them now deposited in the British Museulm, could he claim  a debt dete to the defunct as lsis
of large sarcophagi made wholly of terra cotta, and  (legal) debt.  lie therefore brought his suit (in2
ornamented with figures in bas-relief and with re- lendit) as heres (ficto se shecede), and the forlmula
cumbent statues of the deceased.                    was accordingly adapted to the fiction.  In the
Among many qualities which we admire in the  Publiciana Actio, the fiction was that the possessor
Greek pottery, not the least wonderful is its thin- had obtained by usucapion the ownership of the
ness (Xe7rrd) and consequent lightness, notwith-  thing of which he had lost the possession.  A
standing the great size of the vessels and the per- wonman by coemptio, and a male by being adrofeet regularity and elegance of their forms.  That it gated, ceased, according  to the civil law, to be
was an object of ambition to excel in this respect debtors, if they were debtors before; for by the
we learn from the story of a master and his pupil, coemptio and adrogatio they had sustained a capitis
who contended which could throw the thinnest clay, dinminutio, and there could be no direct action
and whose two amphorae, the result of the trial, against them.  But as this capitis diminutio might
were preserved in the temple at Erythrae.  (Plin. be made available for fraudulent purposes, an actio
H. N. xxxv. 46.)   The well-known passage of utilis was still allowed against such persons, the
Hesiod (Kal icepaseVis KcepaineL KoTee, &c. BOy. et fiction being that they had sustained no capitis
Dies, 25) describes the emulation, which incited  diminutio.  The formula did not (as it appears
potters to excellence as well as architects and  from Gaius) express the fiction as a fact, but it ran
poets.                                             thus: - If it shall appear that such and such are
The Greeks and Romans contented themselves the facts (the facts in issue), and that the party,
with using earthenware on all occasions until the  plaintiff or defendant, would have such and such a
time of Alexander the Great: the Macedonian  right, or be liable to such and such a duty, if such
conquests introduced from the East a taste for vessels and such other facts (the facts supposed) were true;
of gold and silver, in which, however, the Spartans  et reliqua.  (Gaius, iv. 10. 32, &c.; Ulp. Fryg.
refused to indulge themselves. The Persians, on the  xxviii. 12.)
contrary, held earthenware in so low estimation,    It was by a fiction that the notion of legal cathat they condemned persons to drink out of fictile pacity was extended to artificial persons.  [CO.LERvessels as a punishment. (Athen. vi. p. 229, c, xi.  GIUM; FIScus.]  Instances of fiction occur in the
p. 464,.a, p. 483, c. d.) But although the Romans, chapter intitled Juristislche Personzen in Savignly'




FIDEICOMMISSU M.                                 lFIDEICOMMISSUM.                  i,5,C]:stel des heat. R. R. vol. ii., and in Puchta's IL-  enacted by the senatus-consultum  Pegasianum, in
stitutioaen, i. ~ 80, ii. ~ 165.)      [G. L.]    the time of Vespasian, that the fiduciarius might
FIDEICOMMISSUM  is a testamentary dis- retain one fourth of the hereditas, and the same
position, by which a person who gives something  power of retainer was allowed him in the case of
to another imposes on him the obligation of trans-  single things.  In this case the heres was liable to
ferring it to a third person.  The obligation was  all debts and charges (onera heredilaria);   but
not created by words of legal binding force (civilia  the same agreement was made between him  and
verba), but by words of request (precativd), such  the fideicommissarius which was made between
as "' fideicommitto," "peto," "volo dari," and the  the heres and the legatus partiarius, that is, the
like; which were the operative  words (verba  profit or loss of the inheritance was shared betilira).  If the object of the fideicommissumn was  tween them  according to their shares (p1.o r1at
the hereditas, the whole or a part, it was called  parte).  Accordingly, if the heres was required
fideicommissaria hereditas, which is equivalent to  to restore not more than three-fourths of the herea universal fideicommissum; if it was a single  ditas, the senatus-consultum  Trebellianum  took
thing or a sum of money, it was called fideicom-  effect, and any loss was borne by him  and the
missnum  singulae rei or fideicommissum  speciale. fideicommissarius in proportion to their shares.
The obligation to transfer a fideicommissaria here-  If the heres was required to restore more than
ditas could only be imposed on the heres; the ob-  three-fourths or the whole, the senatus-consultum
ligation of transferring a single thing might be  Pegasiannum  applied.   Tf the heres refused to
imposed on a legatee.                              take possession of (adise) the  hereditas, the
By the legislation of Justinian a fideicommis-  fideicommissarius could compel him, by applicasum of the hereditas was a universal succession; tion to the praetor, to take possession of it and to
but before his time the person entitled to it was  restore it to him;  but all the costs and charges
sometimes "heredis loco," and sometimes "lega-  accompanying the hereditas were borne by the
tarii loco."  The heres still remained heres after fideicommissarius.
he had parted with the hrerditas.  Though the    Whether the heres was sole heir (ea asse), and
fideicommissum resembled a vulgar substitution, it required to restore the whole or a part of the
differed from it in this: - in the case of a vulgar  hereditas,  or whether he was not sole heir (ea?
substitution, the substituted person only became  paste) and was required to restore the whole of
heres when the first person, named heres, failed to  such part, or a part of such part, was immaterial:
become such; in the case of the fideicommissum, in all cases the S. C. Pegasianum  gave him  a
the second heres had only a claim on the inherit-  fourth.
ance when the person, named heres, had actually      By the legislation of Justinian the senatus-conbecome such.  There could be no fideicollmissumn  sulta Trebellianum  and Pegasianum were consoliunless there was a heres.                          dated, and the following rules were established: —
The person who created the fideicoinnissum   The heres who was charged with a universal fideimust be a person who was capable of making a  commissum always retained one-fourth part of the
will; but he might create a fideicommissum orally  hereditas (which was called  simply Quarta, or
without having made a will.  The person who  Falcidia, or commodum Legis Falcidiae), and all
was to receive the benefit of the fideicoummissurn  claims on behalf of or against the hereditas were
was the fideicolnimiissarius; and a person might be  sharedbetween thefiduciarius and fideicommissarius
a fideicommissarius who could take a legacy (Ulp.  who was considered heredis loco. If the fiduciarius
];'ra.y. xxv. 6); the person on whom the obligation  suffered himself to be compelled to take the inheritwas laid was the fiduciarius.  The fideicommis-  ance, he lost his Quarta, and any other advantage
sarius himself might be bound to give the fideicom-  that he might have from the hereditas. If the fidumissum to a second fideicommissarius.  Originally  ciarius was in possession, the fideicommissarius had
the fideicommissarius was considered as a purchaser  a personal actio ex testamento  against him for the
(emptoris loco); and when the heres transferred to  hereditas.  If not in possession, he must at least
him  the hereditas, mutual covenants (cautiones)  verbally assent to the claim of the fideicommissarius,
were entered into by which the heres was not to  who had then the hereditatis petitio fideicommissaria
be answerable for any thing which he had been  against any person who was in possession of the
bound to do as heres, nor for what he had given  property.
bona fide, and if an action was brought against    The Quarta is in fact the Falcidia, applied to
him as heres, he was to be defended.  On the  the case of universal fideicominissa.  Accordingly,
other hand the fideicommissarius (quzi recipie&eat the heres only was entitled to it, and not a fidei]hereditatemn) was to have whatever part of the  commissarius, who was himself charged with a
Ihereditas might still come to the hands of the  fideicommissum.  If there were several heredes
heres, and was to be allowed to prosecute all rights  charged with fideicommissa, each was entitled
of action which the heres might have.  But it was  to a quarta of his portion of the hereditas.  The
enacted by the senatus-consultum Trebellianum, in  heres was entitled to retain a fourth out of the
the time of Nero, that when the heres had given  hereditas, not including therein what he took as
up the hereditas to the fideicommissarius, all right  legatee.
of action by or against the heres should be trans-    The fiduciarius was bound to restore the hereferred to the fideicomimissarius.  The praetor ac-  ditas at the time named by the testator, or, if no
cordingly gave utiles actiones to and against the  time was named, immediately after taking possesfidleicommissarius.    From  this time the heres  sion of it.  He was entitled to be indemnified for
ceased to require from  the fideicommissarius the  all proper costs and charges which he had sustained
covenants which he had formerly taken as his  with respect to the hereditas; but he was answer-l
security against his general liabilities as heres.  able for any damage or loss which it had sustained.
As fideicommissa were sometimes lost because  through his culpa.
the heres would not accept the inheritance, it was    Res singulae, as already observed, might also
M M 4




536           FIDEICOMMISSUM.                                        FIDUCIA.
ble the objects of a fideicommissum, as a particull;lr  Lox Vocni  [LE   VOCONsA]; and ill the case
piece of land, a slave, a garment, piece of silver, of proscribed- persons, incertae personae, Latini,
or a sum of money; and the duty of giving it to  peregrini, caelibes, orbi.  But the senatus-conthe fideicommissarius might be imposed either onI sultum   Pegasianum   destroyed  the  capacity of
the heres or on a legatee.  In this way a slave  caelibes and orbi to take fideicommissa, and gave
also might receive his liberty, and the request to  them to those persons mentioned in the will who
manumnit might be addressed either to the heres or  had children, and in default of such to the poputhe legatarius.  The slave when manumitted was  lus, as in the case of hereditates and legate.
the libertus of the person who manumitted him. fBoNA  CADUCA.]  Municipia could not take as
There were many differences between fideicom-  heredes [COLLEGIUU];  but by the senatus-conimissa of single things and legacies.  A  person  sultum  Apronianum, which was probably passed
about to die intestate might charge his heres with  in the time of Hadrian, they could take a fideia fideicommissum, whereas a legacy could only be  commissa hereditas.  (Ulp. 1Frcq. tit. 22. s. 5;
given by a testament, or by a codicil which was  Plin. Ep. v. 7.)  [HERES (ROMAN).]  (Gains,
confirmed by a proper declaration of the testator in  ii. 247-289; Ulp.  roag. tit. 25: Inst. 2. tit. 23,
a will; but a fideicommissum  could be given by  24; Dig. 36. tit. 1; Cod. 6. tit. 49; Mackeldey,
a simple codicil not so confirmed.  A heres insti-  Lelartucth, &c., 12th ed. ~ 726, &c.;  Vangerow,
tuted by a will might be requested by a codicil, Leitfaden fJ'ir Pandekte   Vorlesuzgzen,  vol. ii. p.
not so confirmed as above, to transfer the whole  561.)                                   [G. L.]
hereditas, or a part, to a third person.  A woman    FIDEJUSSOR.  [INTTERCESSIO. 
who was prevented by the provisions of the    FIDEPROMTSSOR.  [INT'ERCEcSSIO.]
Voconia lex from taking a certain hereditas, might    FIDES.  [LYRA.]
take it as a fideicommissum.  The Latini, also,    FIDI'CULA  is said to have been an instru+wvho were prohibited by the Lex Junia from  ment of torture, consisting of a number of strings.
taking hereditates  and  legacies by  direct gift According to  some modern writers, it was the
(directo jure) could take by fideicommissa. It was  same as the equuleus, or at all events formed part
not legal to name a person as heres, and also to  of it.  [EQuaLEus.]  The term,however, appears
name another who after the death of the heres, to be applied to any strings, whether forming part
should become heres; but it was lawful to request  of the equuleus or not, by which the limbs or exthe heres on his death to transfer the whole or a  tremities of individuals were tied tightly. (Sueton.
part of the hereditas to another.  In this way a  Tib. 62, Cal. 33; Cod. Theocl. 9. tit. 35. s. 1;
testator indirectly exercised a testamentary power Sigonius, De tJd. iii. 17.)
over his property for a longer period than the law   FIDU'CIA.  If a man transferred his property
allowed him  to do directly.  A man sued for a  to another, on condition that it should be restored
legacy per formulam; but he sued for a fideicom-  to him, this contract was called Fiducia, and the
missum  before the consul or praetor for fideicom-  person to whom the property was so transferred was
missa at Rome, and in the provinces before the  saidfiduciaze  accipere. (Cic. Top. c. 10.)  A man
praeses.  A fideicommissum was valid, if given in  might transfer his property to another for the sake
the Greek language, but a legacy was not, until a  of greater security in time of dangrer, or for other
late period.  Justinian finally assimilated legacies  sufficient reason.  (Gains, ii. 60.) The contract of
and singular fideicommissa. [LEGATU.s; Inst. 2. fiducia or pactumn fiduciae also existed in the case
tit. 20. ~ 3; Cod. 6. tit. 43. s. 2.]            of pignus; (and in the case of mancipation. [EMINATIt appears that there were no legal meanls of en- CIPATIO.] The hereditas itself might be an object
forcing the due discharge of the trust called fidei- of fiducia. [FIDEICOMAsiISSUsm.]  The trustee was
commissum till the time of Augustus, who gave  bound to discharge his trust by restoring the thing:
the consuls jurisdiction in fideicommissa.  In the  if he did not, he was liable to an actio fiduciae or
time of Claudius praetores fideicommissarii were  fiduciaria, which  was an actio bonae fidei.  (Cic.
appointed: in the provinces the praesides took cog- dle Q. iii. 1 5, ad Faeo. vii. 12; ut inter bones
nizance of fideicommissa. The consuls still retained  bene agler oportet.)  If  the trustee was cointheir jurisdiction, but only exercised it in impor-  demned in the action, the consequence was intent cases. (Quintil. Inst. iii. 6.)  The proceeding  famia.  Cicero enumerates the judicium  fiduciac
was always extra ordinem. (Gains, ii. 228; U]p. with that tutelae and societatis as 1" judicia suinFrcag. tit. 25. s. 12.)  Fideicommissa seem to have  mae existimationis et paene capitis"  (Cic. pro
been introduced in order to evade the civil law, Ros. Cohn. c. 6), where he is evidently alluding to
and to give the hereditas, or a legacy, to a person  the conscquence of infamia.  (Compare Savigny,
who was either incapacitated from taking directly, System, &c. vol. ii. p. 176.)
or who could not take as much as the donor wished    When the object for which a thing was transto give. Gains, when observing that peregrini could  ferred to another was attained, a remaancipatio of
take fideicommissa, observes that "this" (the ob-  those things which required to be transferred by
ject of evading the law) " was probably the origin  mancipatio or in jure cessio was necessary; andl
of fideicommissa;" but by a senatus-consultnm made  with this view a particular contract (pactsct2 fiditin the time of Hadrian, such fideicommissa were  ciae) was inserted in the formula of mancipatio. If
claimed by the fiscus.  They are supposed to be  no remancipatio took place, but only a simple rethe commendationes  mortuorum  mentioned  by  stitutio, usucapio was necessary to restore the QuiriCicero (de Fin. iii. 20).  There is the case of tarian ownership, and this was called usureceptio.
Q. Pompeins Rufus (Val. Max. iv. 2. 7), who,  The contract of fiducia might be accompanied with
being in exile,, was legally incapacitated  from  a condition, by virtue of which the fiducia might
taking any thing under the will of a Roman citi-  cease in a given case, and thus the fiducia was conzen, but could claim it from his mother, who was  nectedc with the Commissoria Lex, as we see in
the heres fiduciarius.  They were also adopted in  Paulus (Sent. Recept. ii. tit. 13), and in Cic. pro
the case of gifts to women, in order to evade the. Flacco, c. 21, " fiducia commissa," which may be




FIMBRIAE.                                           FISCUS                     g37
explained by reference to CoMlMImssvUA. (Gains, ii.  likewise made of gold thread  and other costly
(i0, iii. 201; Rosshirt, Grz2diwiien, &c. ~ 99; materials.  Of this kind was the ornament, con.
Rein, DCsR Wsm. Priivatreclht; IHeinecc. Syntagina.  sistins  of a hundred golden tassels, which sured. Haubold.)                         [G. L.]    rounded the mythical shield of Jupiter, the alyis
FIDUCIA'RIA  ACTIO. [ACTIo.]              uocavoevsoal, and which depended from the girdle
FIGLT'NA  ARS.  [FICTIIE.]                     of Juno.   (Hom. 11. ii. 448, v. 738, xiv. 181,
FIGLINAE.  [FICTILE.]                           xvii. 593.)
FI'GULUS.  [FICTILE.]                              In consequence of the tendency of wool to form
FILIUSFAMILIAS.  [FAmI1LrA.]                    itself into separate bundles like tassels (,vuavnr8bv,
FI/MBRIAE (~cpooeoio; Ionice, o6arvot, Greg. Aelian, II. A. xvi. 11), the poets speak of the
Corinth.), thrums; tassels; a fringe.             golden fleece as consisting of them (Pind. Pyt/s. iv.
When the weaver had finished any garment on  4  11; Apoll. Rhod. iv. 1146); and Cicero, declaimthe loom [TELA], the thrums, i. e. the extremities  ing against the effeminacy of Gabinius, applies the
of the threads of the warp, hung in a row at the  same expression to his curling locks of hair (in
bottom.  In this state they were frequently left, Pis. 11).                               [J. Y.]
being considered ornamental.  Often also, to pre-    FINITO'RES.  [AGaIMENSORES.]
vent them from ravelling, and to give a still more    FI'NIUM  tREGUNDO'RUM  ACTIO. If the
artificial and ornamental appearance, they were  boundaries of contiguous estates were accidentally
separated into bumdles, each of which was twisted  confused, each of the parties interested in the re(rpsperTrois  vSdoiLs, Brunck, 4enae. i. 4] 6), and  establishment of the boundaries might have an
tied in one or more knots. The thrunis were thus, action against the other for that purpose.  This
by a very simple process, transformed into e. row of action belonged to the class of duplicia judicia.
tassels. The linen shirts, found in Egyptian tombs, [FAMeILIAE ERCISCUNDoE ACTIO.] In this action
sometimes show this ornament among their lower each party was bound to account for the fruits and
edge, and illustrate, in a very interesting manner, profits which he had received fiomr any part of the
the description of these garments by I-lerodotus  land which did not belong to him, and also to
(ii. 81).  Among the Greeks and Romans fringes account for any injury which it had  sustained
were seldom worn except by females (cpocs-'orbv   through his culpa.  Each party was also entitled
XLCova, Brunck, ii. 525; Jacobs, &c. ad loc.; to compensation for improvements made in the porPollux, vii. 64; Sueton. Jul. 45). Of their manner tion of land which did not belong to him. (Dig. 10.
of displaying them the best idea may be formed by  tit. 1.)  There is an article entitled' Ueber die
tile inspection of the annexed woodcut, taken from  Gr'nzscheidungsklage' by Rudorff in the Zeita small bronze, representing a Roman lady who  sca-sift fiJb Geschici tlicie Rechtswissensclhcft, vol. x.
wears an inner and an outer tunic, the latter being  [AGJER.]             [G. L.]
fringed, and over these a large shawl or pallium.    FISCA'LES.  [GLADIATORES.]
FISCUS. The following is Savigny's account
of the origin and meaning of this ternn:In the republican period, the state was designated by the term  Aerarium, in so far as it was
viewed with respect to its having property, which
ultimately resolved itself into receipts into, and
*1      \W/ I\X~payments made out of, the public chest.  Onl the
Io               establishment of the imperial power, there was a
division of the provinces between the senate, as.~          2 ",,\.i!   /    the representative of the old republic, and the
Caesar; and there was consequently a division of
the most important branches of public income and
expenditure. The property of the senate retained.
the name of Aerariumn, and that of the Caesar, as:/?/~gklu K               such, received the name of Fiscus.  The private
property of the Caesar (res parivata  Principis, ratio
Caesaris) was quite distinct from that of the Fiscus.
The word Fiscus signified a wicker-basket, or pannier, in which the Romans were accustomed to
keep and carry about large sums of money (Cic.
Verr. i. 8; Phaedr. Flab. ii. 7); and hence Fiscus camne to signify any person's treasure or money
chest.  The importance of the imperial Fiscus sooin
led to the practice of appropriating the name to
that property which the Caesar claimed as Caesar,
and the word Fiscus, without any adjunct, was
Among barbarous nations the amictus was often  used in this sense (es fisci est, Juv. Sato iv. 54).
worn by men with a fringe, as is seen very con-  Ultimately the word came to signify generally the
spicuoulsly in the group of Sarmatians at p. 213  property of the state, the Caesar having concenBy crossing the bundles of thrums, and tying  trated in himself all the sovereign power, and thus
them  at the points of intersection, a kind of net-  the word Fisculs finally had the same signification
work was produced, and we are informed of a  as Aerarium in the republican period.  It does not
fringe of this description, which was, moreover, appear at what time the Aerarium was merged in
hung with bells.  (Diod. xviii. 26.)  The ancients  the Fiscus, though the distinction of name and of
also manufactured fringes separately, and sewed thing continued at least to the time of Hadrian.
them to the borders of their garments.  They were  In the later periods the words Aerarium and Fis



5338               FISTUCA.                                            FIST ULA.
cus were often used indiscriminately, but only in  with iron, was lifted up to a considerable height
tihe sense of the imperial chest, for there was then  and then let fall on the head of the pile.  [P. S.]
no other public chest.  So long as the distinction    FI'STULA  (o-wX;v), a water-pipe.  Vitruvius
existed between the aerarium  and the fiscus, the  (viii. 7. s. 6. ~. 1, ed. Schn.) distinguishes three
law relating to them  severally might be expressed  modes of conveying water: by channels of masonry
by the terms jus populi and jus fisci, as in Paulus  (per candles structiles), by leaden pipes (fistuli,
(Sent. Recept. v. 12), though there is no reason for plustbeis), and by earthen pipes (tubulis fictilibus);
applying the distinction to the time when Paulus  but of these two sorts of pipes the leaden were the
wrote; for, as already observed, it had then long  more commonly used.* [AQuAEvDUCTUs.]  They
ceased.                                            were made by bending up cast plates of lead into a
The Fiscus had a legal personal existence; that form not perfectly cylindrical, but having a sort of
is, as the subject of certain rights, it was legally a  ridge at the junction of the edges of the plate, as
person, by virtue of the same fiction of law which  represented in the following engraving, taken from
gave a personal existence to corporations, and the  antique specimens.  (Frontin. de Aquaed. p. 73.
communities of cities aend villages.  But the Fiscus  fig. 15, 16, ed. Polen.; Hirt, Lehrse d. Gebaude, pl.
differed in many respects from othe: persons exist-  xxxii. fig. 8.)
ing by fiction of law; and, as an instance, it was
never under any incapacity as to taking an here-                         b
ditas, which, for a long time, was the case with  i                                        B(
corporations, for the reason given by Ulpian. [COLLESIuim].  These reasons would also apply to the
Populus, as well as to a Municipium, and yet the
populus is never alluded to as being under such
disability; and in fact it could not, consistently
with being the source of all rights, be under any
legal disabilities.                                                                        -
Various officers, as Procuratores, Advocati [ADVOCATUS], Patroli,; and Praefecti were employed
in the administration of the Fiscus.  Nerva established a Praetor Fiscalis to administer the law inll
matters relating to the Fiscus.  The patrimonium                              a
or private property of the Caesar was administered
by Procuratores Caesaris.  The privileges of the
Fiscus were, however, extended to the private
property (ratio) of the Caesar, and of his wife the
Augusta. (Dig. 49. tit. 14. s. 6.)
Property was acquired by the Fiscns in various
ways, enumerated in the Digest (49. tit. 14. s. 1), tention was paid to the bore, and to the thiclkess
n;L tny of which lllcay be (trranged  uncler the head  tention was paid to the bore, and to the thickness,
many of which may be arranged under the head
of penalties and forfeitures.  Thus, if a lman wvas  The accouts of Vitruvius, Frontinus,  and other
led to commit suicide in consequence of having  writers, are not in perfect accordance; but it apdone some crimlinal act (flegitissme), or if a mani  pears, from a comparison of them, that two different
made counterfeit coin, his property was forfeited to  systems of measurement were adopted, nmely,
the fiscus. (Paulus, S. R. v. 12.) The officers of the  either by the width of the plate of lead (I1l7inas or
Fisctus generally received inormation (snnciatione~s)  latona) before it was bent into the shape of a pipe,
of such occurrences from private individuals, who  or by the internal diameter or bore (loozen) of the
pipe when formed. The former is the system
were rewarded for their pains. Treasure (ihesaor'us)
which was found in certain places was also subject adopted by Vitruvins (1. c. ~ 4); according to hin
to a claim on. the part of the Fiscus.  To explain  the leaden plates were cast of a length not less than
ten feet, and of a width containing an exact number
the rights and privileges of the Fiscus, and its ad- ten  feet, (nd of a   width containing n exct number
ninistrations,  would reuire along discussion. (Dig.of digits (sixteenths of a foot), which number was of
iwould requ   a lo  discussion. (Di.  ourse different for different sized pipes; and then
49. tit. 15. de Jcure Fisci; Cod. 10. tit. 1; Cod  the sizes of the pipes were named from the number
Theod. 10. tit. I; Paulus, Seat. Recept. v. 12   of digits in th e pipes  of tere named fis iom   the number
of digits in the width of the plates, as sin the folSavigny," 8steinm des heut. MRe. R. vol. ii.;  iFngsmsen- lowing table, where the numbers on the right hand
oescntell's editi-consi of Gaius Sa  iscign, Nepr ntled  indicate the number of pounds which Vitruvius asGoeschen's edition of Gains; Savigny, Noe entdecktes
Quellen des RMim. R., Zeitschr-ift, vol. iii.) [G. L.]  signs to each ten-feet length of pipe: -
FISTU'CA, an instrument used for ramming  Centenaria, from a plate 100 digits wide: 1200 lbs.
down pavements and threshing floors, and the  Octogenaria                  80: 960
foundations of buildings (Cato, R. R. 18, 28; Plin. Quinquagenaria-       50      --: 600 -
1H. N. xxxvi. 25. s. 61; Vitriv. iii. 3. s. 4. ~ 1, x.
3. s. 2. ~ 3); and also for driving piles (Caes.    * The etymological distinction between fistula
B. G. iv. 17).  When used for the former purpose, and tubus seems to be that the former, which orithat of making earth solid, it was no doubt a mere  ginally signified acfiute, was a small pipe, the latter
log of wood (shod perhaps with iron), with handles  a large one; but, in usage, at least so far as waterto lift it up; just like a paviour's rammer.  But pipes are concerned, it seems that fistula is applied
in the case cited froum Caesar, where it was used  to a leaden pipe, tubus  and tusbulzus to one of any
for driving the piles of his bridge over the Rhine, other material, especially of terra-cotta, as in the
it is almost evident that it must have been a ma-  above and the followinIg passages.  (Varro, R. iR.
chine, something like our pile-driving engine (or  i. 8; Colum. i. a; Plin. v. 31. s. 34, xvi. 42. s.
monkey), by which a heavy log of wood, shod  81, xxxv. 12. s. 46; Frontinus, see below.)




FLABELLTUJM.                                       FLAG IUM.                   53.
Quadragelilria -       40               480 -    that they might be firled, unfilrled, and flutteredl
Tricenaria    -        30: 360 -    nor were they even carried by the ladies themselves.
Vicenaria     -        20     --: 240 -    They were, it is true, of elegant forms, of delicate
Quindena               15: 180 -    colours (prasinofiabello, Mart. iii. 40), and' someDena          -        10     -: 120 --   times of costly and splendid materials, such as peaOctona        -         8                96 -    cock's feathers (Propert. ii. 15); but they were
Quinaria       -        a5                60 -    stiff and of a fixed shape, and were held by female
slaves  (./labella erae, Philemon,  as translated by
From this scale it is evident, at a mere glance, that
the thickness of the plates was the same for pipes of Plaut. Tin. ii. 1. 22), by bentifu l boys (Stl ato,
all sizes, namely, such that each strip of lead, ten  Eig. 22), or by eunuchs (Eurip. Orest 1408
feet long and one digit wide, weighed twelve pounds.  1412; Mendnler, p. 175, ed. Meineke; and as
T7'he 7tcclmtosfolloved  by Pliny  otranslated by Terence, Eo2n. iii. 5. 45-54), whose
The account of Vitruvius. 31)nd   lldis   ( ix. 12: cop. duty it was to wave them so as to produce a cool(H. N. xxxi. 6. s. 31) and Palladius (ix. 12: coamp  iii breeze.  (Bruck, Anal. ii. 92.)  A gentieman
the notes of Schneider and Gesner).               lla bleeze.  (Blunlk  Xctl.ii. 92.)  A gentien
the notes of Schneider and Gesner).                might, nevertheless, take the fan into his own
Frontinus, who enters into the subject much more  might, cevertheless,  trie the fan into  hls oU'I
Frontinus, whely   objects to enters into the subject much more  hand and use it in fanning a lady as a compliment.
minutely, objects to the system of Vitruvius as too
indefinite, on account of the variation which is  (Ovid,  ats AB. i. 161, Ameol. iii. 2.  38.)  The
made in the shape of the pipe in bending up the  woodcut at p. 257 shows a female bestowing this
plate of lead; and he thinks it more probable that attendance upon her mistress.  The fan which she
the names were derived from the length of the in- holds is appareltly made of separate feathers joined
ternla diameters, reckoned in q2adrantes   (the unit at the base, and also united both by a thread passbeing the digit), that is, in quarters of a digit  ing  o the  ips ad    y another stonger threa
tied to the middle of the shaft of each feather.
so that the Quinaria had a diameter of five fourths
of a digit, or 1~ digit, and so on, up to the Vicesaria, Another use of the fan was to drive away flies
above which the notation was altered, and the names from  living persons, and from  articles of food
vwere no loinger taken from the numbes of linear  which were either placed upon the table or offered
qersters of a digit in the dianetelr of the pipe, but in sacrifice.  When intended for a fly-flapper it
from the number of squazcre qluarters ofa cgit in its  was less stiff, and was called szuscarium (Mart. xiv.
area and this system prevailed up to the Centumn-  67), and 1usloo@rJ   (Menander, p. 175; Aelian,
Tricena, which was the largest size in use, as the  h. A. xv. 14; Bruack, Anal. ii. 388, iii. 92). In
Quinaria was the smallest: the latter is adopted  short, the manner of using fans was precisely that
by Frontinus as the standard measure (mnoduzluzs) of which is still practised in China, India, and other
the whole system.  (For further details see Fron-  parts of the East; and Euripides (I. c.) says that
tinsse, de Aq~ued. 20-63, pp. 70-1 12, iwith tlhe  the Greeks derived their knowledge of them  friom
Notes of Polenus.)  Another mode of explaining        rba        countries   The emperor Augus
the nomenclature was by the story that when   ad a slave to fan him  during his sleep (Sueton.
Agrippa undertook the oversight of the aquaeducts, Aug. 82); for the use of fans was not confined to
finding the moduluss inconveniently small, he en-        es
larged it tofiree times its diameter, and hence the    esides separate feathers the ancient fan wa
#    to~  t    i * *  a)  ] *e asometimes made of linen, extended upon a light
origin of thefistula qui2naria. (Frontin. 25, pp. 80,              o                             t
7  frame.  (Strato, 1. c.)  From  the above-cited pas(1.)  Of these accounts that of Vitruvius appears  sae of                     the  
at once the most simple and the mnost correct: in- compared with representations of the flabellump in
deed it would seem that the plan of measurement compared  ith representations of the fabellum  i
was very probably the invention of Vitruvius him- ancient paintings, it also appears to have been
wans very p~robably the invention ofVitruvius hi-m ade by placing the two wings of a bird back to
self.  (Frontin. 1. c.) Respecting the uses of pipesmade b  plai  the two wings of a bird back to
itl the (Fronaqueductsn see AQUAD tUS. uses of pipfsback, fastening them together in this position, and
in the aqueducts, see AQUAEDUCTUS.
attaching a handle at the base.  (See also Brunck,
Of the earthen (terra-cotta) pipes we know very  attaching a handle at the base.  (See also Bruck,
little.  Pliny says that they are best when their An l. ii. 258, fIvsept', ptbraa.)
thickness is two digits (1L  inch), and that each    A more homely application of the fan was its use
thickness sin cookery [Focus].  In a painting which reprepipe should have its end inserted in the next, and  sents a spinfice to sis (A lt. d'  oano,. 60
the joints should be cemented;  but that leaden  prts a sacrifie  to Isis (At. re  pon the  ii. 60)with
pipes should be used where the water rises.  The a                s     
a triangular flabellum,  such as is still used in Italy.
earthen pipes Were thought more wholesome than         angular flabelum, such as is still used in Italy.
the leaden.   Plin.ipes  ere thougt more wolesome tr    This practice gave origin among classical writers to
1.the le. 10en. (Plnla...)   Water pipes 31ere also uv. expressions corresponding to ours, meaning to fall
L. c. ~ 10; Pallad. ix. 11.)  Water pipes were also  the flame of hope (Alciph. iii. 47), of love ('t1riCEtv,
made of leather (Plin. It. N. v. 31. s. 34; Vitrsv      flame of hope (Alciph. iii. 47), of love (1inriismv
Iide  of leather (Plin. IT N. v. 3'. s. 34; V'trllvBrunck, ii. 306), or of sedition (Aristoph. Ran.
1. c. ~ 8); and of wood (Pallad. 1. c.), especially of 360  Cic. 30)o Flreo. 23).         [J. Y.]
the hollowed trunks of the pine, fir, and alder.    FLAGRUM, o       lac.  FL3 GELLUM   (.Y]),
(Plin. II. N. xvi. 42. s. 81.)         [P. S.aFLAGRUM, dim. FLAGELLUM   (]ocr-Li,
(PFLABELUin.       dii. 42. se. 1.) FABE UUS.   a whip, a scourge, to the handle of which was
FLABELL e,    diu.         FLAnELLULU,     o   fixed a lash made of cords (fusnibus,  Hor. Epod.
(pt~drisi PtIbrLf7p,   dim. pbtz'Lo~,) a fan. "d The exiv. 3; John, ii. 15), or thongs of leather (loris,
ercise of the fan," so wittily described by Addison  Ir. E3pist. i. 16. 47;   ongeriva, Anac. p. 357, ad.
(Spect. No. 102), was whvolly unklnow   to the  Fischer), especially thongs made from  the ox's
ancients.  Neither were their fans so constructed  hide (bubusis exuviis, Plaut. Most. iv. 1. 26).  The
flagellum properly so called was a dreadful instru* Pliny and Palladius, and even the ancient ment, and is thus put in opposition to the scutica,
MASS. of Vitruvius, give here C, which, however, is  which was a simple whip.  (Hor. Sat. i. 3. 119.)
clearly an error of a transcriber who did not perceive  Cicero in like manner contrasts the severe flagella
the law of the proportion, but who had a fancy for with the virgae (pro Rabir. 4).  The flagellum
the round number.                                   was chiefly used in the punishment of slaves.  It




M0O               FLAMEN.                                          FLAMEN.
was knotted with hones or heavy indented circles plete the list; but there is nothing to prove that
of bronze or terminated by hooks, in which case it these four were Roman and not merely provincial
was aptly denominated a scorpion.  The cut below  priests.
represents a scourge taken from a bas-relief of the    It is generally stated, upon the authority of
statue of Cybele in the Museum of the Capitol at Aulus Gellius (xv. 27), that the flamens were
Rome, and fully justifies the epithet of Horace elected at the Comitia Curiata, and this was doubt(1. c.), horribileflagellum.  The infliction of punish- less the case in the earlier times; but upon exment with it upon the naked back of the sufferer amining the passage in question, it will be seen
(Juv. vi. 382) was sometimes fatal (Hor. Sat. i. that the  grammarian  speaks  of their induc2. 41), and was carried into execution by a class tion into office only, and therefore we may conof persons, themselves slaves, who were called elude that subsequently to the passing of the Lex
lorairi.  A slave who had been flogged was called Domitia they were chosen in the Comitia Tributa,
falgrio (oaLT-rryias, Philemon, p. 415. ed. Mein.; especially since so many of them were plebeians.
Aristoph. Ran. 502, Equit. 1225,  Ll/s. 1242; After being nominated by the people, they were
suastigia, Plautus, passim; Ter. Adoelph. v. 2. 6), received (capti) and installed (inaugurabantur) by
which of course became a term  of mockery and the Pontifex Maximus (Liv. xxvii. 8, xxix. 38;
contempt.  During the Saturnalia the scourge was Val. Max. vi. 9. ~ 3), to whose authority they were
deposited under the seal of the master.  We like- at all times subject. (Liv. Epit. xix., xxxvii. 51 
wise find that some gladiators fought with the Val. Max. i. 1. ~ 2.)
flagella (Tertull. Apol. 21), as in the coin here    The office was understood to last for life; but a
introduced.  The flagellum here has two lashes. flamen might be compelled to resign (Cfzaminio
(See also cut, p. 101.)               [J. Y.]   abire) for a breach of duty, or even on account of
the occurrence of an ill-omened accident while discharging his functions. (Val. Max. i. 1. ~ 4.)
~'J~ —-~'~(j~ ~ <Their characteristic dress was the apex [APESx]
the laena [LAENA], and a laurel wreath. The
name, according to Varro and Festus, was derived
/ from the band of white wool (fillum, filamen, /lamen) which was wrapped round the apex, and
which they wore, without the apex, when the heat
o< _,TG~act \gtDEID-1-        was oppressive. (Serv. Virg. Aesn. viii. 664.) This
etymology is more reasonable than the transformation of pileamines (from pileus) intofilamzines. (Plutarch, Nusm. 7.)  The most distinguished of all the
flamens was the Dialis; the lowest in rank the
Ponosnalis.  (Festus, s. v.  auaximse digcnationis.)
The former enjoyed many peculiar honours.
FLAMEN, the name for any Roman priest When a vacancy occurred, three persons of patriwho was devoted to the service of one particular cian descent, whose parents had been married acgod (DIVISQUms ALaS ALII SACERDOTES, OMNIBUS cording to the ceremonies of confarreatio [M.nFONTIFICES, SINGULIS FLAM1NES SUNTO, Cic. De RIAGE], were nominated by the Comitia, one of
Leg. ii. 8), and who received  a  distinguishing  whom was selected (captuLs), and consecrated (inepithet from  the deity to whom  he ministered. (zaugurabatzur) by the Pontifex Maximus.  (Tacit.
(Horums, sc. flaminum, sienlguli cognomsina  iabentt Aen. iv. 16; Liv. xxvii. 8.)  From that time forab eo deo quoi sacrafitcivnt, Varro, De Libmq. Lat.  ward he was emancipated from the control of his
v. 84.)  The most dignified were those attached  father, and became suijuris. (Gaius, i. 130;Ulpian,
to Diiovis, Mars, and Quirinus, the Flamen Dialis, Frcg. x. 5; Tac. Ann. iv. 16.)  He alone of all
Flanmen AMartialis, and Flamen. Quirinalis.  The priests wore the albogalerus [APEX] (Varro, ap.
two first are said by Plutarch (Numn. c. 7) to have Gell. x. 15); he had a right to a lictor (Plut.
been established by Romulus; but the greater num- Q. R. p. 119, ed. Reiske), to the toga praueteota,
her of authorities agree in referring the institution  the sella curulis, and to a seat in the senate in
of the whole three, in common with  all other virtue of his office. This last privilege, after having
matters connected with state religion, to Numa. been suffered to fall into disuse for a long period,
(iv. i. 20; Dionys. ii. 64. &c.) The number was was asserted by C. Valerius Flaccus (a. c. 209),
eventually increased to fifteen (Fest. s. v. iVcci[axae and the claim allowed, more, however, says Livy,
dignationis): the three original flamens were always in deference to his high personal character thams
chosen from  among the patricians, amd styled from a conviction of the justice of the demand.
4ajores (Gaius, i. 112); the rest from the plebeians, (Liv. xxvii. 8; compare i. 20.) The RexSacrificuwith the epithet Minores (Fest. Majores Flanuines). lus alone was entitled to recline above him at a
Two rude lines of Ennius (Varro, de Liozg. Lat. vil. banquet: if one in bonds took refuge in his house,
44) preserve the names of six of these, appointed, the chains were immediately struck off and consays the poet, by Numa,-                         veyed through the impluviumn to the roof, aend
Volterznalen?, Palcatcsaless,> Fze rinale7s,  thence cast down into the street (Aul. Gell. x. 15):
Flowralesnque, Falacrems et Poisonalens fecit  if a criminal on his way to punishment met him,
Ilic ides....                                 and fell suppliant at his feet, he was respited for
that day (Aul. Gell. x. ] 5; Plt. Q. R. p. 166);
to which  we may add the Flamen 7Volcsanalis usages which remind us of the right of'sanctuary
(Varro, De Ling. Lat. v. 84), and the FluLze z attached to the persons and dwellings of the papal
Ccarmentalis (Cic. Brut. 14).  We find ill books of cardinals.
antiquities mention made of the Virlbialis, Lauren-  - To counterbalance these high honours, the Dialis
trtlis, Laviealis, and Lucullaris, which would corm- was subjected to a multitude of restrictions and




FLAMEN.                                          FLORALIA.                  M51
privations, a long cotalogue of whic.h ]has been com-  b hable, or a napkin thrown over the Lead.  Sile
piled by Aulus Gellits (x. 15) from the works of  was prohibited from mounting a staircase consistFabius Pictor and Masurius Sabinus, while Plu-  ing of more than three steps (the text of A ulus
tarch, in his Reoman Questions, endeavours to  Gellius is uncertain, but the object must have been
explain their import.  Among these were the fol-  to prevent her ancles from being seen); and whens
lowing: —                                         she went to the arsei [AaRGE] she neither combed
It was unlawful for him to be out of the city for nor arranged her l)air.  On each of the nundinae
a single night (Liv. v. 52); a regulation which  a ram was sacrificed to Jupiter in the regia by the
seems to have been modified by Augustus, in so  flaminica.  (Macrob. i. 16.)
far that an absence of two nights was permitted    After the death of the flamen Merula, who was
(Tacit. Acnn. iii. 58. 71); and he was forbidden to  chosen consul suffectus on the expulsion of Cinna
sleep out of his own bed for three nights consec-u-  (Vell. Pat. ii. 20; Val. Max. ix. 12. ~ 5), alld who,
tively.  Thus, it was impossible for him to under-  upon the restoration of the Mariamn fiaction, shed his
take the government of a province.  He might not own blood in the sanctuary (B. c. 37), calling
mount upon horseback, nor even touch a horse, nor  down curses on his enemies with his dying breath
look upon an army marshalled without the pomoe-  (Vell. Pat. ii. 22), the priesthood remained vacant
rium, and hence was seldom elected to the consul-  until the  consecration  of Servius Maluginensis
ship. Indeed, it would seem that originally he was  (B. c. 11) by Augustus, then Pontifex Maximus.
altogether precluded from seeking or accepting any  Julius Caesar lhad indeed been nominated in his
civil magistracy (Plut. Q. R. p. 1 69); but this last  17th year, but was never installed; and during the
prohibition was certainly  not enforced in later  whole of the above period the duties of the office
times.  The object of the above rules was mani-  were discharged by the Pontifex Maximus. (Suet.
festly to make him literally Jori adsidzlue  sacer- Jul. c. 1, compared with Vell. Pat. ii. 43, and the
dotems; to compel constant attention to the duties o:  Commentators.  See also Suet. Octav. 31; Dion
the priesthood; to leave him in a great measure  Cass, liv. 36; Tacit. Aznn. iii. 583. The last quoted
without any temptation to neglect them.  Th'lle  historian, if the text be correct, states the interrup-.
origin of the superstitions which we shall next tion lasted for 72 years only.)
enumerate is not so clear, but the curious will find    The municipal towns also had their flamens.
abundance of speculation in Plutarch (Q. R. pp. 114, Thus the celebrated  affray between Milo and
1 18, 164 —170), Festus (s. v. Edera and Equo), Clodius took place while the former was on his way
and Pliny (HI. N. xviii. 30, xxviii. 40).  I-He was to Lanuvium, of which he was then dictator, to
not allowed to swear an oath (Liv. xxxi. 50), nor  declare the election of a flamen (adflamizem s proto wear a ring "C nisi pervio et casso," that is, as  denducl).  After the deification of the emperors,
they explain it, unless plain and without stones  flamens were appointed to superintend their wor(Kirchman, DLe Alnnulis, p. 14); nor to strip  ship in Rome and in all the provinces; and we find
himself naked in the open air, nor to go out without constantly in inscriptions such titles as FLA5SAEN
his proper head-dress, nor to have a knot in any  AUGUSTALIS; FLAMEN TIBERII CAESARIS; FLApart of his attire, nor to walk along a path over- MEN D. JULII, &C., and sometimes FLAMEIN DIcanopied by vines.  He might not touch flour, nor  voRUM OaMNTIUM (sc. imperatorutn).
leaven, nor leavened bread, nor a dead body: he    Elanteciia, according to Festus and Aulus Gelmight not enter a bufstuez [FuNus], but was not lius (x. 15), was the house of the Flatmen Dialis,
prevented from attending a funeral.  He was for. from which it was unlawful to carry out fire except
bidden either to touch or to name a dog, a she-  for sacred purposes.
goat, ivy, beans, or raw flesh.  None but a free    F/laminia, according to Festus, was also a name
manl might cut his hair; the clippings of which, given to a little priestess (sacerdotzula), who assisted
together with the parings of his nails, were buried  thefitaminica ill her duties.      L[. R.]
beneath afJlix arbor.  No one might sleep in his    FLA'MMEUM.  [MATRIMONIUsI.]
lbed, the legs of which were smeared with fine    FLEXU'MINES.  [EQuITES.]
clay; and it was unlawfitl to place a box con-    FLORAiLIA, or Florales Ludi, a  festival
taining sacrificial cakes in contact with the bed-  which was celebrated at Rome in honour of Flora
stead.                                            or Chloris.  It was solemnized during five days,
/lauminica was the name given to the wife of the  beginning on the 28th of April and ending on the
dialis.  He was required to wed a virgin accord-  2d of May.  (Ovid, 2Fast. v. 185; Plin. H. N.
ing to the ceremonies of cowfarreatio, which regu- xviii. 69.)  It was said to have been instituted at
lation also  applied to the two  other flamines  Rome in 238 B. c., at the command of an oracle
majores (Serv. ad  Virg. Aen. iv. 104, 374; in the Sibylline books, for the purpose of obtainCaius, i. 112); and he could not marry a second  ing from the goddess the protection of the blostime.  1ence, since her assistance was essential soms (uzt omnia benec deflorescerent, Plin..L  c coinin the performance of certain ordinances, a divorce  pare Vell. Pat. i. 14; Varro, De ise lRust. i. 1).
was not permitted, and if she died the dialis was  Some time  after its institution  at Rome its
obliged to resign.  The restrictions imposed upon  celebration was discontinued; but in the consulthe flaminica were similar to those by which her  ship of L. Postumius Albinus and M. Popilius
husband was fettered.  (Aul. Gell. x. ]5.)  IHer  Laenas (173 B. c.), it was restored, at the corndress consisted of a dyed robe (veneestto operituzr); mand of the senate, by the aedile C. Servilius
her hair was plaited up with a purple band ill a  (Eckhel, De NVrum. Vet. v. p. 308; compare Ovid,
conical form  (tutu/ls); and she wore a small Fast. v. 329, &c.), as the blossoms in that year
square cloak -with a border (sica), to which was  had severely suffered from  winds, hail, and rain.
sattached a slip cut from  a fJlix arbor.  (Fest.  The celebration was, as usual, conducted by the
s. v. Tutulum, Rica; Varro, De Ling. Lat. vii. 44.)  aediles (Cic. in Veer-. v. 14; Valer. Max. ii. 10. ~ 8;
It is difficult to determine what the i/ca really  Eckhel, 1. c.), and was carried on with excessive
was; whether a short cloak, as appears most pro-  merriment, drinking, and lascivious games. (Mart.




542                 FOCUS.                                  FOEDERATAE CIVITATES.
i. 3; Senec. Epgist. 96.)  From Valerius Maximuis    Ill accordance with the sentiments of veneration
we learn that theatrical and mimic representations  with which the domestic fire-place was regarded,
formed a principal part of the various amusements,  we find that the  exercise of hospitality  was
and that it was customary for the assembled people  at the same time an act of religious worship.
on this occasion to demand the female actors to  Suppliants, strangers, all who sought for mercy
appear naked on the stage, and to amuse the  and favour, had recourse to the domestic hearth as
multitude with their indecent gestures and dances. to an altar.  (Hom. Od. vii. 153-169; Apoll.
This indecency is probably the only ground on  Rhod. iv. 693.)  The phrase " pro aris et focis "
which the absurd story of its origin, related by  was used to express attacllment to all that was
Lactantius (Institut. i. 20), is founded.  Similar most dear and venerable.  (Cic. de iVat. Deer. iii.
festivals, chiefly in spring and autumn, are in  40; Flor. iii. 13.)  Among the Romans the focus
southern countries seasons for rejoicing, and, as it was placed in the ATRIUM, which, in primitive
were, called forth by the season of the year itself, times, was their kitchen and dining-room.  (Virg.
without any distinct connection with any particu- Aen. i. 726; Servius, ad loc.)  There it remained,
lar divinity; they are to this day very popular in  as we see in numerous examples at Pompeii, even
Italy (Voss. ad Vi-y. Geog. ii. 385), and in ancient after the progress of refinement had led to the use
times we find them celebrated from the southern to  of another part of the house for culinary purposes.
the northern extremity of Italy. (See ANTHESPHO-  On festivals the house-wife decorated the hearth
RIA, and Justin. xliii. 4.)  The Floralia were  with garlands (Cato, De Re Rust. 143; Ovid,
originally festivals of the country people, which  Trist. v. 5. 10); a woollen fillet was sometimes
were afterwards, in Italy as in Greece, introduced  added.  (Propert. iv. 6. 1-6).        [J. Y.]
into the towns, where they naturally assumed a    FOEDERA'TAE   CIVITA'TES,  FOEDEmore dissollte and licentious character, while the  RA'TI, SO'CII. In the seventh century of Rome
country people continued to celebrate them in their these nalmes expressed those Italian states which
old and merry but innocent manner.  And it is  were connected with Rome by a treaty (foedzs).
highly probable that such festivals did not become  These names did not include Roman colonies or
connected with the worship of any particular deity  Latin colonies, or any place which had obtained
until a comparatively late period.  (Buttmann, the Roman civitas.  Among the foederati were the
]l'tholog. ii. p. 54.)  This would account for the  Latini, who were the most nearly related to the
late introduction of the Floralia at Rome, as well Romans, and were designated by this distinctive
as for the manner in which we find them celebrated  name; the rest of the foederati were comprised
there.  (See Spanheim, De Flraest. et Use Nu ATeism. under the name of Socii or Foederati.  They were
ii. p. 145, &c.)                        [L. S.]   independent states, yet under a general liability to
FOCA'LE, a coverilng for the ears and neck, furnish a contingent to the Roman army.  Thus
made of wool and worn by infirm  and delicate  they contributed to increase the power of Rome,
persons.  (Heor. Sat. ii. 3. 255; Senec. Qu. aVct. but they had not the privileges of Roman citizens.
iv. 13; Quintil. xi. 3. 144; Mart. i. 121, xiv. The relations of any particular federate state to
142.)                                  [J. Y.]    Rome might have some peculiarities, but the general
FOCUS, dimn. FO'CULUS  (ETria: ioXCdpa,  relation was that expressed above; a kind of consErXapls, dimz. e-Xdpiov), a fire-place; a hearth; a  dition, inconsistent with the sovereignty  of the
brazier.  The fire-place, considered as the highest federates, and the first stage towards unconditional
member of an altar, is described under ARA, p. 116.  submission.  The discontent among the foederati,
Used by itself, it possessed the same sacred cha-  and their claims to be admitted to the privileges of
racter, being, among the Romans, dedicated to the  1Roman citizens, led to the Social War.  The Julia
lares of each family. (Plant. Aul. ii. 8. 16; Cato,  Lex (. c. 90) gave the civitas to the Socii and
D  Re  JRest. 15; Ovid, Facst. ii. 589, 611, iii. 423;  Latini; alid a lex of tile following year contained,
Jov. xii. 85-95.)  It was, nevertheless, made sub-  among other provisions, one for the admission to
servient to all the requirements of ordinary life. the Itoman civitas of those peregrini who were
(Hor. Eyeod. ii. 43, Epist. i. 5. 7; Ovid, M~et. viii.  entered on the lists of the citizens of federate states,
673; Sen. De Cons. ad Alb. 1.) It was sometimes  and who complied with the provisions of the lex.
constructed of stone or brick, in which case it was  [CIVITAS.]  It appears, however, that the Lex
elevated only a few inches above the ground, and  Julia, and probably also the Lex of the following
remained on the same spot; but it was also fre-  year, contained a condition that the federate state
qlluently made of bronze, and it was then variously  should consent to accept what the Leges offered,
ornamented, and was carried continually from place  or, as it was technically expressed, " populus fitldus
to place.  This movable-hearth, or brazier, was  fieret."  (Cic. proa Balbo, c. 8.)  Those who did
properly calledfocullus and E'Xcpa.  One is shown  not become fomldi populi did not obtain the civitas.
cat p. 190.  Another, found at Caere in Etruria,  Balbus, the client of Cicero, was a citizen of Gades,
and preserved in the British Museum, is repre-  a federate town in Spain.  Cn. Pompeius Magnus
sented in the annexed woodcut.                     had conferred the Romasn civitas on Balbus, by
virtue of certain powers given to him  by a lex.
It was objected to Balbus that he could not have
the civitas, unless the state to which he belonged
- ~"P~= ~i;              "fundus factus esset; which was a complete mis-'-1^-  /  4          apprehension, for the term fundlcs, in this sense,
applied to a whole state or community, whether
federate or other free state, which accepted what
was offered, and not to an individual of such state
or community, for he might accept the Roman
civitas without asking the consent of his fellow
+-"~                                      citizens at home, or without all of them receiving




FOLLIS.                                              FONS.                   543
the same privilege that was offered to himself. The    The termfollis is also applied to a leather purse
people of a state which had accepted the Roman  or bag (Plant. Asul. ii. 4. 23; Juv. xiv. 281); and
civitas (fundusfactus est), were called, in reference  the diminutive folliculus to the swollen capsule of
to their condition after such acceptance,'" fundani."  a plant, the husk of a seed, or anything of similar
This word only occurs in the Latin inscription (the  appearance.  (Senec. lo~at. Qaoest. v. 18; Tertull.
Lex Romana) of the tablet of Heraclea, 1. 85, and  De Res. Carn. 52.)
proves that the inscription is posterior to the Lex    Two inflated skins (8o e(pvSeat, Herod. i. 68;
Julia de Civitate.  It has indeed been supposed  (c7rvpa, Ephor. Frao. p. 188; Irprl/r-pss,  Apoll.
that the word may refer to the acceptance by the  Rhod. iv. 763, 777), constituting apair of'bellows,
state of Heraclea of this lex which is on the tablet;  and having valves adjusted to the natural apertures
but there is no doubt that it refers to the prior lex  at one part for admitting the air, and a pipe inwhich gave the civitas.  [FuNnus.]                 serted into another part for its emission, were an
It must be observed that the acceptance of the  essential piece of filrniture in every forge and fountwo Leges above mentioned could only refer to the  dry.  (11. xviii. 372-470; Virg. Aen. viii. 449.)
federate states, and the few old Latin states. The  According to the nature and extent of the work
Latinae coloniae also received the civitas by the  to be done the bellows were made of the hides of
Julia Lex; but as they were under the sovereignty  oxen (taominis Jbllibus, Virg. Geoos. iv. 171), or of
of Romle, their consent to the provisions of this lex  goats (hircinis, Hor. Sat. i. 4. 19), and other
was not required,                                  smaller animals.  The nozzle of the bellows was
Before the passing of the Julia Lex, it was not called &acpo(r'toLo   or'&poo-'i'ulov (Thucyd. iv.
unusual for the Socii and Latini to adopt Roman  100; Eust. in RI. xviii. 470).  In bellows made
leges into their own system, as examples of which  after the fashion of those exhibited in the lamp
Cicero mentions the Lex Furia de Testamentis, and  here introduced fiom Bartoli (Ant. Lucerne, iii. 21),
the Lex Voconia de Mulierum lHereditatibus; and  we may imagine the skin to have been placed behe adds that there were other instances. (1Pro  tween the two boards so as to produce a machine
Baldbo,  c. 8.)  In  such cases, the state which  like that which we now employ.           [J. Y.]
adopted a Roman lex was said' in earn legens
fundus fieri."  It hardly needs remark that the
state which adopted a Roman lex, did not thereby
obtain for its citizens any privileges with respect
to the Roman state: the federate state merely
adopted the provisions of the Roman lex as being                                          i
applicable to its own circumstances.
An apparent difficulty is caused by the undoubted                                         u 
fact, that the provisions of the Lex Julia required               X
that the states which wished to avail themselves
of its b6nefits, should consent to accept them.  As   K    
the federate states commenced the war in order to
obtain the civitas, it may be asked why twas it
given to theim on the condition of becoming "            f-un.- -U/',l
dus?"  In addition to the reasons for such condition, which are suggested by Savigny, it may be
observed that the lex only expressed in terms what
would necessarily have been implied, if it had not    FONS (Icp'v-r), signifies originally a natural
been expressed: a federate state must of necessity  spring  of water, but both the Greeks and Romans
declare by a public act its consent to accept such a  had artificial fountains, made either by coverilng
proposal as was contained in the Lex Julia.  It and decorating a spring with buildings and sculpappears from  the cases of Ileraclea and Naples, ture, or by making a jet or stream  of water, supthat the citizens of a federate state were not il all plied by an elevated cistern, play into an artificial
cases unlanimous in changing their former alliance  basin.  Such fountains served the double purpose
with Rome into an incorporation with tl e  of use and orn the Ron    of use and ornaentGrees, the
state.   [CIVITAs.]                                formed the only public supply of water except the
There were federate cities beyond the limits of rain-water which was collected in cisterns [AQuJAEItaly, as shown by the example of Gades:  Sagun-  DUCTUS]; ald at Rome, the poorer people, who
tum  and Massilia also are ensumerated among such  could not afford to have water laid on to their
cities. (Savigny, Volkssclluss  der Tfel Von tlera- houses, no doubt procured it from the public founlclca, Zeitschrif, &c. vol. ix.; kMazochi, Tab. Hr-ltc. tains.
p. 465.)                               [G. L.]       Several examples of natural springs, converted
FOEDUS.  [FOEDERAT.AE CIVITATES.]               into ornamented fountains, in the cities of Greece,
FOENUS.  [FENUS.]                               have been mentioned under AQTJAFDU vTUS. They
FOLLIS, dim. FOLLI'CULUS, an inflated  were covered to keep them pure and cool, and the
ball of leather, perhaps originally the skin of a  covering  was frequently in the form of a monopteral
quadruped filled with air: Martial (iv. 19) calls  temple: there were also statues, the subjects of
it " light as a feather."  Boys and old men among  which were suggested by the circumstance that
the Romians threw, it from  one to another with  every fountain was sacred to some divinity, or they
their arms and hands as a gentle exercise of the  were taken from the whole range of mythological
body, unattended with danger.  (Mart. vii. 31, legends.  That at Megara, erected by Theagenes,
xiv. 45, 47; Athen. i. 25.)   The emperor Au-  is described by Pausanias as worth seeing for its
gustus (Sutet. Aug. 83) became fond of the exercise  size, its beauty, and the number of its columns (i.
mis he grew  old.  (See Becker,  r(llus, a-ol. i. 40. ~ 1).  That of Peirene at Corinth was adorned
p. 271.)                                           with covered cisterns of white marble like grottoes5




5,544                 FONS.                                               FONS.
out of which the water flowed into the open air,  which were divided into two classes; namely,
and with a statue of Apolieo, and was enclosed with  lacus, ponds or reservoirs, and salientes, jets of
a wall, on which was painted the slaughter of the  water, besides which many of the castella were
suitors by Ulysses. (Paus. ii. 3. ~ 3; se3 a paper  so constructed as to be also fountains. (See AQUAEby Gittling, on the present state of this fountain, DUCTUS, p. 114, b, and the woodcut.)   Agrippa,
and of the Crcaneion, with an engraving of the source  who during his aedileship paid special attention to
of the Peirene, in Gerhard's Archioloyische Zeituny  the restoration of the Roman waterworks, is said to
for 1844, pp. 326, 328; the engraving is given be-  have constructed 700 lacus, 105 salientes, and 130
low.)  Corinth contained numerous other fountains; castella, of which very many were magnificently
adorned; they were decorated with 300 bronze
or marble statues, and 400 marble columns.  (Plin.
II. N. xxxvi. 15. s. 24. ~ 9.)   There were also
many small private fountains in the houses and
villas of the wealthy.  (Plin. Epist. v. 6.)  At
Pompeii, the fountains are extremely numerous,
""  _ ~.  and that not only in the streets and public places,
especially at the junctions of streets (in biviis, in
triviis); but also in private houses.  The engraving'ifll1K l~hj;p  i' ~       on p. 109 represents a section of one of these foun~~~4i ~~IL [ l  I i  )tains, in which the water pours into a basin; that
now given, in which the water is thrown up in a
jet, is taken from an arabesque painting on the wall
over one of whichl was a statue of Bellerophon and
Pegasus, with the water flowing out of the horse's                          i\\
hoofs (Ib. ~ 5); over another, that of Glanuce, was
the Odeium  (lb. ~ 6); and another was adorned
with a bronze statue of Poseidon, with a dolphin at
his feet, out of the mouth of which the water flowed.     6 
(Paus. ii. 2. ~ 7. s. 8.)  In the same city, was
another fountain on a still grander scale; namely,
that of Lerna, which was surrounded by a coloillade
with seats for those who desired a cool retreat in
summer; the water was no doubt collected in a
spacious basin in the centre.  (Ib. 4. ~ 5. s. 6; see
also 5. ~ 1.)  Several other fountains of a similar
kind to these are described or referred to by Pausaias (ii. 27, iv. 31, 33, 34, vii. 5, 21, viii. 1), of a house at Pompeii: in the painting, the vase and
arnong which two deserve special mention, as they  pedestal rise out of a sheet of -water, which may
were within temples; namely, that in the temple  be supposed to represent the inzpluviums in the
of Erechtheus at Athens, and of Poseidon at Man- atrium of a house.  (Respecting the fountains of
tineia, which were salt-water springs (i. 26. ~ 5, Pompeii, see Pompeii, vol. i. p. 131, vol. ii. pp. 71,
viii. 10. ~ 4).  Vitruvius mentions the fountain of 78, and Sir NV. Gell's Posmspeiana, vol. i. pp. 390,
Salmacis as among the admirable works of art at  395, plates 50, 53.)  The proof which these founIlalicarnassus. (ii. 8. ~ 12.)                     tains afford, of the acquaintance of the ancients
The Romans also erected edifices of various de-  with the chief law of hydrostatics is noticed under
grees of splendour over natural springs, such as the  AQUAEDUCTUS, P. 109.
well-knIown grotto of Egeria, near Rome, where    The forms given to fountains were as numerous
the natural cave is converted by the architect into  as the varieties of taste and fiancy.  The large flat
a sort of temple (comp. Plin. Ih. N. xxxvi. 21. vases were a common form, and they are found, of
s. 42), and the baptisteriumt  of Constantine.  A   5, 10, 20, and 30 feet in diameter, cut out of a
simiple mode of decorating less considerable springs  single piece of some hard stone, such as porphyry,
was by covering them  with a vault, in the top of granite, basanite, breccia, alabasterand marble. An.which was an opening, surrounded by a balustrade,  ingenious and elegant variety, of which there is a
or by a low wall adorned with marble bas-reliefs, specimen in the Capitoline Museum, is a tripod, iup
one example of which, among many, is seen in a  the centre of which the jet passes, the legs being
relief representing the twelve gods, now in the Capi- hollow to carry off the water again.  Very often
toline Museum.  In all cases, a cistern was colm- the water was made to flow out of bronze statues,
structed to contain the water, either by cutting it especially of boys, and of Tritons, Nereids, Satyrs,
out of the living rock, or (if the spring did not rise  and such beings: several of these statues have been
out of rock) by building it of masonry.  Vitruvius  found at Pompeii; and four of them are engraved
discusses at length the different sorts of springs, in Pomnpeii, vol. i. p. 104, one of which is given be.and gives minute rules for testing the goodness of low.  On the Monte Cavallo, at Rome, is a colossal
the spring, and for the construction of the cisterns  statue of a river god, probably the Rhine, which
(viii. 3. 7).  The observations of Vitruvius apply  was formerly in the forum  of Augustus, which it
chiefly to those springs and cisterns which formed  refreshes with a stream  of water pouring conthe sources of the aqueducts.                       tinually into a basin of granite twenty-seven feet
At Rome, a very large proportion of the im-  in diameter.  The celebrated group, known as
mense supply of water brought to the city by the  the Toro  Farnese, originally, in Hirt's opinion,
aqueducts, was devoted to the public fountains, adorned a fountain.  Mythological subjects were




FORFEX,                                       FORNACALIA.                  /4$
so as to form an acute angle overhead, as is seen
in the entrance to the pyramid of Cheops and in
the ruins of Mycenae; and gradually brought nearer
to the forms which we now employ. (See woodcut,
p. 125.)  (Plat. De Leg. xii. p. 292. ed. Bekker;
Died. Sic. ii. 9.)                    [J. Y.]
F —ORI.  [NAvIs; CIRCUS, p. 283, b.]
FORMA, dim. FORMULA, second dima. FORMELLA  (Trros), a pattern, a mould; any contrivance adapted to convey its own shape to some
plastic or flexible material, including moulds for.......'~             making pottery, pastry, cheese, bricks, and coins.
The moulds for coins were made of akind of stone,
which was indestructible by heat.  (Plin. I<. N.
xxxvi. 49.)  The mode of pouring into them the
\  melted metal for casting the coins will be best
understood from the annexed woodcut, which represents one side of a mould, engraved by Seroux
also sculptured over the fountains, as among the
Greeks; thus at Rome, there were the fountains
of Ganymedeand Prometheus, and the Nymphaeum
of Jupiter. (Stieglitz, Archliiol. d. Baukunst, vol. ii.
pt. 2. pp. 76, 79; Hirt, Lehire der Geb iude, pp. 399,
403.)                                 [P. S.]
FORCEPS (7rvpdcypa), tongs or pincers, need
no further explanation here, as they were used in
antiquity for the same purposes as they are in
modern times. They were invented, as the etymology indicates, for taking hold of what is hot
(forvum, Festus, s. v.; Servius, ad yViyy. Georg.
and therefore attributed to Vulcan and the Cyelopes.  (Virg. II. cc.; Hom. II. xviii. 477, Od.
iii. 434; Callim. in Del. 144; forcipe czrva, Ovid,
Alet. xii. 277.)  [INcus; MALLEUS.]
FORES.  [JANvUAJ.. 
FORFEX, dinm. FORFICULA  (;a1s5, dim.
pa[totov), shears (Serv. in Virg. Aen. viii. 453),
used, 1. in shearing sheep, as represented in the  d'Agincourt.. Moulds were also employed in making
annexed woodcut, which is taken from a carnelian  walls of the kind, now called Iise, which were
built in Africa, in Spain, and about Tarentum.
(Varro, De Re Rust. i. 14; Pallad. i. 34; parietes
formacei, Plin. HI. A. xxxv. 48.)  The  shoemaker's last was also calledformca  (Hor. Sat. ii. 3.
106) and tentipelliun   (Festus, s. v.), in Greek
eaXo'7rovs. (Plato, Conyiv. p. 404, ed. Bekker.)
The spouts and channels of aquaeducts are called
formnae, perhaps from their resemblance to some of
the moulds included in the above enumeration.
(Frontin. De Aquaeduct. 75, 126.)    [J. Y.]
in the Stosch collection of antique gems at Berlin;    FO'RMULA.  [ACTIO.]
2. in cutting hair (Eurip. Orest. 954; Schol. in loc.;    FORNACA'LIA,  a festival in  honour of
Brunck, Anal. iii. 9; Virg. Catal. vii. 9; ferro  Fornax, the goddess of furnaces, in order that the
bidenti, Ciris, 2] 3); 3. in clipping hedges, myrtles,  corn might be properly baked. (Festus, s. v.) This
and other shrubs (a/AXL-rol!tvPlwJIoJes, Hierocles, ancient festival is said to have been instituted by
ap. Stob. Serm. 65.)                             Numa.  (Plin. H. N. xviii. 2.)  The time for its
In military manoeuvres the forfex was a tenaille, celebration was proclaimed every year by the Curio
i. e. a body of troops arranged in the form of an  Maximus, who announced in tablets, which were
acute angle, so as to receive and overcome the op- placed in the forum, the different part which each
posite body, called a Cuneus. (Gell. x. 9; Amnm. curia had to take in the celebration of the festival.
Marc. xvi. 11.)                                  Those persons who did not know to what curia
In architecture the term  DasIfr denoted a con:  they belonged, performed the sacred rites on the
struction which was probably the origin of the arch  Quirinalia, called from this circumstance the Stul(Macculloch's West. Islacnds, i. p. 142, iii. p. 49), tortum fericre, which fell on the last day of tlhe
consisting of two stones leaning againlst each other  Fornacalia. (Ovicid, Fasti, ii. 527; Varro, De Ling.
h N




546               FORNAX.                                              FORUM1
Lat. vi. 13, with  Miiller's note; Festus, s..    FORNIX, in its primary sense, is synonymous
Qusirinalia, Stultor. feriae.)                     with Arcvus (Senec. Ep. 90), but more commonly
The Fornacalia continued to. be celebrated in  implies an arched vault, constituting both roof and
the time of Lactantius. (Lactant. i. 20.)          ceiling to the apartment which it encloses. (Cic.
FORNAX,. dimn. FORNA'CULA  (KicalvOS,  Top. 4.)  It is composed of a semicylindrical and
dim. cadvuov), a kiln; a firnace. The construe-  oblong arch like the Camera, but differs from it in
tion of the kilns used for baking  earthenware  construction, consisting entirely of stone or brick,
[FICTILE] may be seen in the annexed woodcut, whereas the other was formed upon a frame-work
which represents part of a Roman pottery discovered  of wood, like the skeleton of a ship (Sallust,
at Castor, in Northamptonshire. (Artis's Dsuro-  Jugurth. 18; Suet. Ne-o, 34; CAMERA); both of
brivae, Lond. 1828.)  The dome-shaped roof has  which methods appear to have been sometimes
been destroyed; but the flat circular floor on which  united, as in the roof of the Tullianum, described
the earthenware was set to be baked is preserved  by Sallust (Cat. 55), where the ribs of the Camera
entire.  The middle of this floor is supported by a  were strengthened by alternate courses of stone
arches.*
From  the roof alone, the same word came to
signify the ch-amber itself, in which sense it designates a long narrow vault, covered by an arch
of brick or masonry (tecltumfonicatumn), similar to
those which occupy the ground floors of the modern
Roman palaces.  Three such cells are represented
in the annexed woodcut, from  the remains of a
-n        <       _  14 9 villa at Mola di Gaieta, which passes for the Formian Villa of Cicero.  They are covered internally
-X  4 /1 painted in streaks of azure, pink, and yellow.
~ =='-2!/_:/_                     I %
thick column of brick-work, which is encircled by
the oven (fsrnzus, XcCiavos).  The entrance to the    Being small and dark, and situated upon the
oven (praefurniusm) is seen in front.  The lower  level of the street, these vaults were occupied by
part of a smelting-furnace, shaped like an inverted  prostitutes (Hor. Seat. i. 2. 30; Juv. Sat. iii. 156;
bell, and sunk into the earth, with an opening and  xi. 171; compare Suet. Jul. 49), whence comes
a channel at the bottom  for the discharge of the  the meaning of the word fornicatio in the ecclemnelted metal, has been  discovered near Aries. siastical writers, and its English derivation.
(Florencourt, aber die Belgwerke der Alten, p. 30.)    Fornix is also a sallyport in the walls (Liv.
In Spain these furnaces were raised to a great xxxvi. 23; compare xiAv. 11); a triumphal arch
height, in order that the noxious fumes might be  (Cic. De Orat. ii. 66); and a street in Rome, which
carried off. (Strabo, iii. 2. p. 391, ed. Sieb.) They  led to the Campus Martinlus, was called Via Forwere also provided with long flues (longinquzaefor-  nicata (Liv. xxii. 36), probably on account of the
sacis cssnico1lo, Plin AT. ix. 62), and with cham- triumphal arches built across it.       [A. R.]
bers (cameioe) for the purpose of collecting mote    FORUM.  As the plan of the present work
plentifully the oxides and other matters by subli-  does not include a topographical description of the
mation (Abid. xxxiv. 22. 33-41).  Houmer den  various fora at Rome, the following article only
scribes  a  blast-furnace  with  twenty crucibles  contains a brief statement of the purposes which
(Xoaor., Ii. xvili. 470).  Melting-pots or crucibles  they served.
have been found at Castor (Artis, pl. 38), and at    Forum, originally, signifies an open place (area)
different places in Egypt, in form  and material before any building, especially before a sepulcrum
very like those which we notw employ.  (Wilkin-  (Festus, s.v.; Cic. De Leg. ii. 24), and seems,
son, Man. and Cast. Vol. iii. p. 224.)  A glass-house,  therefore, etymologically to be conine'eted with the
or furnace for'making glass, was called EXAovp/yeoPa. adverbfobras.  The characteristic features of a Ro(Dioscor. v. 182.)                                 man foruni were, that it was a levelled space of
Furnaces of an appropriate construction were
erected for casting latge statues of bronze (Claud.    * " Tullianum.... muniunt unidique parietes,
De Laz  S.'ii. l. 176), and for making lamp-black. atque insuper Camera, lapideis fornicibus vincta."
(Vitruv. vii. 10.) [ATRAMtN'4uax.]  The lime-  If the stone chamber now seen at Rome under the
kiln  (fornace calc iai) is described  by  Cato.  Mammertine prisons was really the Tullianum, as
(De Re Rost. 38; see also Plin. H. N. xvii. 6; commonly supposed, it is not constructed in the
Vitruv. vii. 3.)  O011 the mode of heating baths, manner described; being neither cametatus  Ilnor
see p. 193.                                        fornicatzmz, but consisting of a circular dome, formed
The early Riomaans recognized, under the name  by projecting one course of stones beyond the
of Fornax, a'divinity who presided over ovens and  course below it, like the treasury  of Atreus at
furnaces [FORNACA;LIA].                [J. Y.]   MAycenae, described at p. 125.  [Aurcs.]




FORUM.                                             FRA.IMEA.                 64?
ground of an oblong form, and surrounded by build-  the forumi with these shields and other ornamlents
ings,houses, temples, basilicae or porticoes. (Vitruv.  was subsequently always observed during the time
v. 1, 2.)  It was originally used as a place where  of the Ludi Romani, when the Aediles rode in
justice was administered, and where goods were  their chariots (tensae) in solemn procession around
exhibited for sale.  (Varro, De Ling. Lat. v. 145, the forum.  (Liv. ix. 40; Cic. in Veer. i. 54, and
ed. Miller.)  We have accordingly to distinguish  iii. 4.)  After the victory of C. Duilius over the
between two kinds of fora; of which some were  Carthaginians the forum  was adorned with the
exclusively devoted to commercial purposes, and  celebrated columna rostrata [COLUMNA].  In the
were real market-places, while others were places  upper part of the forum, or the comitium, the laws
of meeting for the popular assembly, and for the  of the Twelve Tables were exhibited for public
courts of justice.  Mercantile business, however, hlspection, and it was probably in the same part
was not altogether excluded from the latter, and it that, in 304 B. c., Cnu. Flavius exhibited the Fasti,
was especially the bankers and usurers who kept  written on white tables (in albo), that every citizen
their shops in the buildings and porticoes by which  inight be able to know the days on which the law
they were surrounded.  The latter kinds of fora  allowed the administration of justice. (Liv. ix. 46.)
were sometimes calledforeaju6dicialia, to distinguish  Besides the ordinary business which was carried
them from the mere market-places.                  on in the forum, we read that gladiatorial games
Among the fora judicialia the most important were held in it (Vitruv. v. 1, 2), and that prisoners
was the Forum Rwosanuanl, which was simply called  of war and faithless colonists or legionaries were
Jorum, as long as it was the only one of its kind  put to death there.  (Liv. vii. 19, ix. 24, xxviii.
which existed at Rome;. At a late period of the  28.)
republic, and during the empire, when other fora    A  second forum  judiciarri;m  was built by J.
judicialia were built, the Forumi Romanumr  was  Caesar, and was called Foarum C'aesaris or Juli.
distinguished from them  by the epithets vetus or  The levelling of the ground alone cost him above
mancszun.  It was situated between the Palatine  a million of sesterces, and he adorned it besides
and the Capitoline hills, and its extent was seven  with a magnificent temple of Venus Genitrix.
jugera, whence Varro (De Re Rust. i. 2) calls it  (Suet. J. Caes. 26:; Plin. AH. N.. xxxiv. 15; Dion
the'" Septem jugera forensia."  It was originally  Cass. xliii. 22.)
aI swamp or marsh, but was said to have been filled    A third forum was built by Augtrstus and called
up by Romulus and Tatius, and to have been set Forum2? Augusti, because the two existing ones
apart as a place for the administration of justice,  were not found sufficient for the great increase of
for holding the assemblies of the people, and for business which had taken place. Augustus adorned
the transaction of other kinds of public business. his forum with a temple of Mars and the statues
(Dion. Ial. Ant. Reot. iii. p. 200, compare ii. p. of the most distinguished men of the republic, and
113,.Sylburg.)  In this widest sense the forum   issued a decree that only the jndicia publicn and
included the comiti-rmn, or the place of assembly  the sostifiones jizdicizms  houtld take place in it.
for the curiae (Varro, De Lisng. Lat.v. 155, Miiller),  (Suet. Octav. 29 and 31;. compare Dion Cass. lvi.
which was separated from the fornm in its narrower  27; Plin. H.N... c.; Veil. Pat. ii. 39; Ovid, Em.
sense, or the place of assembly for the cornitia tri-  Pont. iv. 15, 16; Martial. iii. 38. 3; Seneca, De
buta, by the Rorsta.  (Niebuhr, Hist. of Romze, i. Ira, ii. 9; Stat. Silv. iv. 9.. 1 5.)  After the Forum
p. 291. note 749, and p. 426. note 990; Walter, Augusti had severely suffered by fire, it was re(eschl. des Rints Reehts, p. 83; Gbittling, Gescl. cdI stored by Hadrianus.  (Ael. Spart. Hadre. c.
Rhma. Staatseoif.  p. 155.)  These ancient rostra  19.)
were an elevated space of ground or a stage (scg-    The three fora which have been mentioned seem
geestum), from. which the orators addressed the peo-  to have been the only ones that were destined for
ple, and which derived their name from the circun- the transaction of public business.  All the others,
stance that, after the sulbjugation of Latium, its  which were subsequently built by the emperors,
sides were cdtorned with the beaks (rostra) of the  such as the Foruaim  Trajcani or Ulpnmore, the Forunt
ships of the Antiates.  (Liv. viii. 14.)  In subse- Sallustii, For- n Diocletiani, orsaz1 m An17eliani, &c.,
quent times, when the curiae had lost their import-  were probably more intended as embellishments of
anlce, the accurate distinction between comitiami  the city than to supply any actual want.
and forum  liIewni se ~eaned5 and the comitia tributa    Different from these fora were the numerous
were sometimes held in the Circus Flaminius; but markets at Rome, which were neither as large nor
towards the end of the republic the forum seems to  as beautiful as the former.  They are always dishave been chiefly used for judicial proceedings, and  tinguished from one another by epithets expressing
as a money market; hence Cicero (De Oraet. i. 36)  the particular kinds of things which were sold in
distinguishes. between a speaker in the popular them, e.g. fomen boariznr, according to Festus, the
assembly (orator) and the mere pleader: "Ego  cattle-market; according to others, it derived the
istos non modo oratoris nomine, sed ne fore quidem  name boarium from the statue of an, ox which stood
dignos puthrim.''  The orators when addressing  there (Plin. H. N. xxiv..;: Ovid, Fast. vi. 477)
the people from  the rostra; and even the tribunes  obrsum olitdorimsee  the vegetable market (Varho, De
of the people in the early times of the republic, used  Ling. Lat. v. 146),; fonbre piscarizum, fish-market;
to front thae comitium and the curia; but C. Grac- forIum?  cupedicts, market for dainties; forums c-o
chus (Plut. C. Graccr. 5), or, according to Varro  2quinums, a market in which cooked and prepared
(De Re Rust. i. 2) and Cicero (De Amlicit. 25), C. dishes were to be had, &e.
Licinius, introduced the custon,. of facing the    (Respecting the fora in the provinces, see the
forum, thereby acknowledging the sovereignty of articles COLONIA  and  COevrxNTus; compare
the people.  In 308 B.C. the Romanrs adorned the  SigOllius, De Anztiq. Jur. IrsCl. ii. 1 5, and Walter,
forum, or rather the bankers' shops (argentaskias)  Gesel. des Runs. Rechts, p. 206.)      [L. S.[
around, with gift shields which they had taken        FOSSA.  [CAST.A.]
from the Samnites; and this custom  of adornifng!  FRAMEA.  [L{ASTA.]
N 2N




648               FRENUM.                                 FRUM ENTAPIAE LEGES.
FRATRES  ARVA'LES.  [ARVALES FRA-     Not only was the bridle dispensed with in the
TRES.]                                           management of creatures invented by the imagiFRAUS.  [POENA.]                               nation of the poet (Aeschyl. Proom. 294), but of
FRENUM  (Xa o',se), a bridle.  That Belle-  some which were actually trained by manl to go
rophon might be enabled to perform  the exploits  without it. Thus the Numidian  JESULTOR guided
required of him by the king of Lycia, he was pre- his two horses by the whip, and the Gallic ESSEsented by Athena with a bridle as the means of DARIUS, on the banks of the Rhone, directed and
subduing the winged horse Pegasus, who submitted  animated his mules entirely by the voice. (Claud.
to receive it whilst he was slaking his thirst at the  Epig. 4.)                        [J. Y.]
fountain Peirene.  See the annexed woodcut, from    FRIGIDAIRIUM. [BALNEAE, pp. 189, 190.]
FRITILLTJS  (p'Cuts), a dice-box of a cylindrical form, and therefore called also tlurriczula
(Mart. xiv. 1t6), or jrqES (Sidon. Epist. viii. 12),
and formed with parallel indentations (gradus) on'    /7'5~"4 tWM5?aayp   the inside, so as to make a rattling noise when the
dice was shaken it.  (Mart. iv. 14, xiv. 1; Hor.
(_,_z7'"%          M       1>         f it ~AZSat. ii. 7. 17, who uses the Greek form  plimus.); f,/  (Becker, Galls, vol. ii. p. 222.)  [J. Y.]
8<es f)<'m11,X,/'-BFRONTA'LE.  [AniPx.x
FRUJMENTA'RIAE  LEGES.  From  the
earliest times the supply of corn at Rome was con/    1-l           Y4X~u\> \'i>;::, sidered one of the duties of the government.  Not
c J) \s,~11 j \ &  2y>S~t Vonly was it expected that the government should?'_;'=.~  ~"'~ ]~~ —- E ~,._  G) ~_'  ~;take care that the corn-market (annona) was proK,j/$l t-j  A'di —- ~-~'~'._  ~'~~-' —  perly supplied, but likewise that in all seasons of
scarcity, they should purchase corn in the suran antique which represents this event, and com-  rounding countries, and sell it to the people at a
pare Pindar, Oljup3. xiii.'85-115.  Such was the  moderate price (Liv. ii. 9, 34, iv. 12, 52, x. 1.,
Grecian account of the invention of the bridle, and  &c. xxvi. 4i0;:Cic. pro Dome. 5.) This price, which
in reference to it Athena was worshipped at is spoken of as annona vetzis (Liv. ii. 34), could
Corinth under the titles "Irrta and XaXivl'ts. not rise much, without exciting formidable discon(Paus. ii. 4. ~~ 1, 5.)  The several parts of the  tent; and the administration was in all such cases
bridle, more especially the bit, are engraved from  considered to have neglected one of its most imancient authorities in the treatises of Invernizi portant duties. The superintendence of the corn(De Frenis), Ginzrot (Ueber Wigenz), and Bracy  market belonged in ordinary times to the aediles,
Clark (C/lalinolog, Lound. 1835).                but when great scarcity prevailed, an extraordiThe bit (orea, Festus, s. v.; Ni]Ty,ya, Brunck, nary officer was appointed for the purpose under
Anal. ii. 237.; o-roto,, Aeschyl. Prome. 1045)  the title of Praefectus Annonae  (Liv. iv. 12).
was commuonlly made of several pieces, and flexible,   With the decay of agriculture in Italy, which folso as not to hurt th e horse's mouth; for the Greeks  lowed the importation of corn from the provinces,
considered a kind and gentle treatment the best and the decrease of the free population, the governdiscipline, although, when the horse was intract- ment had to pay still further attention to the supply
able, they taught it submission by the use of a bit of corn for the city.  In addition to this, an inwhich was armed with protuberances resembling  digent population gradually increased in Rome,
wolves'-teeth, and therefore called lupatum.  (Xel. which could not even purchase corn at the moderate
De Re Eq. vi. 1.3, x. 6; Virg. Georg. iii. 208; Hor. price at which it was usually sold, and who deCarmz. i. 8. 7; Ovid, Alsor. i. 2. 15.)  The bit manded to he fed at the expence of the state.
was held in its place by a leathern strap passing  Even in early times it had been usual for the state on
under the chin, and called v7roxaXvmi'o,,, for which  certain occasions, and for wealthy individuals who
a chain (4aXiov) was often substituted; a rope or wished to obtain popularity and influence, to make
thong, distinct from the reins, was sometimes fast- occasional donations of corn to the people (donalio,
ened to this chain or strap by means of a ring, and  Iargitio, divisio; subsequently called f-iumentatio).
was used to lead the horse (purawy;-yevs, Xen.. c. But such donations were only casual;'and it was not
vii. 1; Aristoph. Pac. 154).  The upper part of till the year B.c. 123, that the first legal provision
the bridle, by which it was fixed round the ears, is  was made for supplying the poor at Rome with
called by Xenophon Kopuvpafa (iii. 2), and it in-  corn at a price much below its market value.  In
cluded the AMPYX, which was often ornamental. that year C. Sempronius Gracchus brought forward
The cheek-pieces (7rapsiov, Hoem. II. iv. 142; the first LexFruzzentaria, by which each citizen was
7rapayvaOiraos, Eustath. ad loc.), which joined this  entitled to receive every month a certain quantity of
supper portion to the bit, were also in some cases  wheat (triticum) at the price of 6- asses for the morichly adorned, especially among the nations of dius, which was equal to 1 gallon and nearly 8 pints
Asia.  Those who took delight in horsemanship  English.*  (Liv. Epit. 60; Appian, B. C. i. 21;
bestowed, indeed, the highest degree of splendour
and elegance upon every part of the bridle, not ex-    * The price of 6~ asses (senos aeris et trientes) occepting the bit, which, though commeonly of bronze  curs in the Schol. Bob. ad Cic. Sext. c. 25. p. 300.
or iron, -was sometimes silver or gold (fulsvumos   c. 48, p. 300; but in the editions of Livy (Ep. 60),
mandunt sub dentibus au-rusm, Virg. Aen. vii. 279). we find ut senzisse et trientefruzmentumplebi dareeur,
These precious metals were also either embossed  that is, at,ths of an as.  But instead of sezaisse,
(frena caelata, Apul. De Deo Sec.) or set with  the manuscripts have semis, sexis, sesis, evidently for
jewels. (Claud, Epig. 3t4 36.)                   seais, anid therefore there can be little doubt that




FRUMENTARIAE LEGES.                                 FRUMENTARIAE LEGES.  549
Plut. C. Gracchus, 5; Vell. Pat. ii. 6; Cic. pro  modii a month at the price of 6' asses for each
Set. 48.)  This was only a trifle more than half modius.  It appears from  the various orations of
the market price, since in the time of Cicero 3 ses  Cicero, that by  this  law  the provinces were
terces =  12 asses were considered a low sum for a  obliged to furnish the greater part of the corn at a
modius of wheat (Biickh, eltrol. Untersch. p. 420.)  fixed price, which was paid by the Roman treaIt must not be supposed that each person was  sury, and that the governors of the provinces had
allowed to receive as much as he pleased every  to take care that the proper quantity of corn was
month; the quantity must of course have been  supplied. (Cic. Verr. iii. 70, v. 21, pro Sext. 25;
fixed, and was probably five modii monthly, as  Ascon. itn Pis. 4, p. 9;, ed. Orelli.)  Occasionally
in later times.  This quantity was only given to  extraordinary distributions of corn were made in
fathers of families; but it was not confined to the  virtue of decrees of the senate. (Cic. Verr. 1. c.;
poor, as Plutarch (I. c,) would imply, for every  Plut. Cat. niae. 26, Caes. 8.)
citizen had a right to it, whether he were rich or    All the Leges Frumentariae, that have been
poor (iCde-rC  TMY -r lor70v, Appian, 1. c.; viritin, hitherto mentioned, had sold corn to the people,
Cic. Tusc. Disp. iii. 20); and even Piso, who had  although at a price much below  what the state
been consul, applied for his share at the distribution  had paid for it; but as the great party-leaders to(Cic. 1. c.) It appears, however, from  the anecdote  wards the close of the republic were ready to purwhich Cicero relates about Piso, that each citizen  chase the support of the people at any sacrifice to
had to apply in person, a regulation which would  the state, the distribution of corn became at length
of itself deter most of the rich.  The example that quite gratuitous. Caesar, in his consulship, B.c. 59,
had been set by Gracchus was too tempting not to  had threatened to make it so (Cic. adc Att. ii. 19;
be followed, although the consequences of such a  comp. pro Dom. 10); and this threat was carried
measure were equally prejudicial to the public  into execution in the following year, B. C. 58, by
finances and the public morality.  It emptied the  the Lex Clodia of the tribune Clodius.  The corn
treasury, and at the same time taught the poor to  was thus in future distributed without any paybecome state-paupers instead of depending upon  ment; and the abolition of the payment cost the
their own exertions for obtaining a living.        state a fifth part of its revenues.  (Cic. pro Sext.
The  demagogue Appuleius  Saturninus  went 25; Schol. Bob. ad Sext. 25, p. 301, ed. Orelli;
still further.  In B.C. 100 he brought forward  Ascon. in Pis. 4. p. 9; Dion Cass. xxxviii. 13.)
his Lex Appuleia, by which the state was to sell' In B. C. 57, Pompey received by the Lex Cornelia
corn at iths of an as for the modius.  The city  Caecilia the superintendence of the corn-market
quaestor Q. Caepio pointed out that the treasury  (cura annonae) for a period of five years; but no
could not bear such an expense, and the most alteration was made in the distribution of corn by
violent opposition was offered to the mleasure.  It virtue of this measure.  The only extension which
is doubtful whether it ever passed into a law; he gave to the distribution was by allowing those
and it is at all events certain that it was never citizens, whose names had not hitherto been encarried into execution (Auctor, ad H-esnn. i. 12; tered in the lists of the censors, to share in the
comp. Cic. de Leg. ii. 6.)  The Lex Livia, which  bounty of the state.  (Dion Cass. xxxix. 24.)
was proposed by the tribune, MI. Livins Drusus,    The dangerous consequences of such a system
in B. C. 91, was likewise never carried into effect, did not escape the penetration of Caesar; and acas it was repealed by the senate, together with all cordingly, when he became master of the Roman
his other laws as passed in opposition to the  world, he resolved to remedy the evils attending
auspices. Of the provisions of this Lex Frumnentaria  it, as far as he was able.  He did not venture to
we have no account (Liv. Epit. 71). About the  abolish altogether these distributions of corn, but
same time, either shortly before or shortly after he did the next best thing in his power, which
the Lex Livia, the tribune M. Octavius, supported  was reducing the number of the recipients. During
by the aristocracy, brought forward the Lex Oc- the civil wars numbers of persons, who had no
tavia, which modified the law of Gracchus to some  claim to the Roman franchise, had settled at Rome
extent, so that the public treasury did not suffer in order to obtain a share in the distributions of
so much.  He probably either raised the price of corn.  The first thing, therefore, that Caesar did
the corn, or diminished the numnber of modii which  was to have an accurate list made out of all the
each citizen was entitled to receive.  (Cic. Brut. corn-receivers, and to exclude from this privilege
22, de Off ii. 21.)   Sulla went still further, and  every person who could not prove that he was a
by his Lex CorneZlia, B. C. 82, did away altogether lRoman citizen.  By this measure the 320,000
with these distributions of corn, so that in the  persons, who had previously received the corn,
language which Sallust puts into the mouth of were at once reduced to 150,000.*  Having thus
Lepldus, popuuGs Romeansus — ne sereilia quiden  reduced the number of corn-receivers to 150,000,
alinmenta reliqta Aeabet. (Sall. Hist. in Orat. Lepid.  he enacted that this number should not be exceeded
p. 939, ed. Cort.)  But the senate soon found it for the future, and that vacancies that occurred by
inexpedient to deprive the people of their cus-  death, should be filled up every year by lot by the
te)mary largesses, as the popular party began to  praetor urbanus. (Suet. Caes. 55; Dion Cass. xliii.
increase in power; and it was accordingly at the  21.)  It is further exceedingly probable that as a
desire of the senate, that the consuls of B.. 73  general rule, the corn was not given even to these
brought forward the Le   erentica Cacssia, which  150,000, but sold at a low price, as had been the
was probably only a renewal of the Lex Sempronia, case at an earlier period; and that it was only to
with one or two additions respecting the manner in  the utterly destitute that the corn was supplied
which the state was to obtain the corn.  The law
enacted that each Roman citizen should receive 5    * It must be borne in mind that this was not a
- census, as Plutarch (Caes. 55) and Appian (B. C.
we ought to read sezis instead of semnisse. (M{ou!m-  ii. 102) state, but simply an enumeeration of thle
sen, Die niimischen Trilbus, p. 179.)             corn-receivers.
N N




550     FRUIJMENTARIAE LEGES.                              FRUMTENTll RIAE LEGES.
gratuitously: the latter class of persons were fr- eniperors took to keep Rome well supplied witl
nished with tickets, called tesserae nummarslssicae or corn, is liequently referred to in their coins by the
fjr;sle2td'icae.  Thus we find it stated (Suet. Octav,. legends, Annzona, Ubertas, Abundantia, Liberalitas,
41) that Augustus, on one occasion, doubled the  &c.  YWe find in a coin of Nerva the legend Jl)ebei
nullber of the tesser.aeyfsum.entalciae.  If, therefore, zurbanae frynseJto  cosstittsto.  (Eckhel, vol. vi.
the corn was, as a general rule, not given, but sold, p. 406.)
we may conclude that every citizen was entitled to    In course of time, the sale of the corn by the
be enrolled in the 150,000 corn-receivers, inde- state seems to have ceased altogether, and the
pendent of his fortune.  The opposite opinion has  distribution became altogether gratuitous. Every
been maintained by many modern writers; but the  corn-receiver was therefore now provided with a
arguments, which have been brought forward by  tessera, and this tessera, when once granted to him,
MIommsen (Die Rinzischen Tribus, p. 187) and  became his property.  Hence, it came to pass, that
others, but into which our space will not allow us he was not only allowed to keep the tessera for
to enter, render the above supposition exceedingly  life, but even to dispose of it by sale, and bequeath
probable.                                         it by will. (Dig. 5. tit. 1. s. 52; 39. tit. 1. s. 49; 39.
The useful regulations of Caesar fell into neglect tit. 1. s. 87.)  Every citizen was competent to
after his death, and the number of corn-receivers  hold a tessera with  the exception of senators.
was soon increased beyond the limits of 150,000, Further, as the corn had been originally distriwhich had been fixed by the dictator.  This we  buted to th3 people according to the thirty-five
learn from the Monumentum Ancyranum, in which  tribes into which  they were divided, the cornAugustus enumerates the number of persons, to  receivers in cacll tribe formed a kind of corporation,
whom  he had given congiaria at different times; which came eventually to be looked upon as the
and there can be no doubt that the receivers of the  tribe, when the tribes had lost all political signicongiaria and of the public corn were the same. ficance.  Hence, the purchase of a tessera became
Thus, in B. c. 44, and on the three following occa- equivalent to the purchase of a place in a tribe;
sions, he distributed the eongiaria to 250,000 per- and, accordingly, we find in the Digest the exsons; and in B. C. 5, the nnumber of recipients had  pressions emere tributz and encere tesseram used as
amounted to 320,000.   At length, in B.c. C2, synonymous. (Dig. 32. tit. 1. s. 35.)
Augustus reduced the number of recipients to    Another change was also introduced at a later
200,000, and renewed many of Caesar's regula- period, which rendered the bounty still more actions. (Suet. Octav. 40; Dion Cass. lv. 10.)  He  ceptable to the people.  Instead of distributing the
had, indeed, thought of abolishing the system  of' corn every month, wheaten bread, called annona
corn-distributions altogether on account of their civica, was given to the people.  It is uncertain at
injurious influence upon Italian agriculture, but what time this change was introduced, but it seems
had not persevered in his intention from the con- to have been the custom before the reign of Aureviction that the practice would again be introduced  lian (A. D. 270-275), as it is related of this emby his successors.  (Suet. Octav. 42.)  The chief peror that on his return from his Eastern expedition,
regulations of Augustus seem  to have been: 1. he distributed among the people a larger quantity of
That every citizen should receive monthly a cer- bread, and of a different form from that which had
tain quantity of corn (probably 5 modii) on the  beenusuallygivsen. (Vopisc. Aurel. 35; Zosim. i. 61.)
payment of a certain small sum.  As the number  The bread was baked by the Pistores, who delivered
of recipients was fixed by Augustus at 200,000, it to the various depots in the city, from which it was
there were consequently 12,000,000 modii distri- fetched away on certain days by the holders of the.
buted every year.   Occasionally, in seasons of tesserae. (Orelli, Izscrip. No. 3358.) These depots
scarcity, or in order to confer a particular favour, had steps (gcradus) leading to them, whence the
Augustus made these distributions quite gratui- bread was called pae2is gradeilis; and there were
tons: they then became congiaria. [CONGIARIuA.u.]  the strictest regulations that the bread should only
2. That those who were completely indigent should  be distributed from these steps, and should never
receive the corn gratuitously, as Julius Caesar had  be obtained at the bakers.  (Cod. Theod. 14. tit.
determined, and should be furnished for the pur-  17. ss. 3, 4.)  When Constantine transferred the
pose with tesserae nuammoariae orfrssizsezstiase, which  seat of government to Constantinople, the system
entitled them to the corn without payment. (Suet. of gratuitous distribution of bread was also transOctav. 41.)                                       ferred to that city; and in order to encourage the
The system, which  had been established by  buildino of houses, all householders were entitled
Augustus, was followed by his successors; but as to a share of the imperial bounty.  (Zosim. ii. 32;
it was always one of the first maxims of the state  Socrat. H. E. ii. 13; Sozom. iii. 7; Cod. Theod.
policy of the Roman emperors to prevent any dis-  14. tit. 17.)  The distribution of bread at Rome
turbance in the capital, they frequently lowered  was, however, still continued; and the care which
the price of the public corn, and frequently dis- the later emperors took that both Rome and Contributed it gratuitously as a congicaerissis.  Hence, stantinople should be properly supplied with corn,
the cry of the populace paners et circezises.  No  may be seen by the regulations in the Cod. Theod.
emperor ventured to abolish the public distributions  14. tit. 15, De Canooze 17lzrumsentario urbis RoLmae,
of corn: the most that he dared do, was to raise  and tit. 16, De Frsmesanto Urbfis Constastinopolitsmczae.
the price at which it was sold.  When, therefore, The superintendence of the corn-market, under the
we find it stated in Dion Cassius (Ixii. 18), that emperors, belonged to the Prcaefectsus Annonae.
Nero did away with the distributions of corn after    Many points connected with this subject have
the burning of Rome, we cannot understand this  been necessarily omitted in consequence of ou.r
literally, but must suppose that he either raised the  limits.  The reader who wishes for further minprice of the commodity or, what is more probable, formation is referred to: Contareni, De F'ru2z.
obliged those poor to pay for it, who had previously  Room. Larygitione, in the Thesaurus of Graevius,
received it gratuitously.  The care, which  the  vol. viii. p. 923; Dirksen,, Civilist. Abhandilurene,




FUCUS                                              FUTLLO.                   5l1
vol. ii. p. 163, &c.;  lIomimsen, Die Rlsnisc7lew  p. 568, c),,ncid/urLov (Eubulis, cp. AthLen. xiii.
Trious, Altona, 1844, which work contains the p. 557, f), and (qpvos, which was probably a red
best account of the subject; Kuhn, Ueber die Korn- paint, though used to signify paint in general, as
einsfsur in Ron imn  AltertIlsum, in the Zeitschrift has been already remarked.  In order to produce
Jfi)r die Alterthumnsoissensclhaft, 1845, pp. 993-  a fair complexion, /lu60uoeV, cesussa, white lead
1008, 1073-1084; Rein, in the Real-Eneyjclo- was employed.  (Alexis, ap. Aten  l1. c.; Xen.
piidie der classisclen Altelrtlsn7swissenscdhcift, art. Oecon. 10. ~ 2; Aristoph. E'ccl. 878, 929.)  The
Largitio; I-Iickh, R]iniescle Gesecicete, vol. i. part eye-brows and eye-lids were stained black with
ii. p. 138, &c., p. 384, &c.; Walter, Geser/ichlte des o'r~-/Ti  or oT(Lq/,Ls, a sulphuret of antimony, which
RinmischleneRelhts, ~~ 276-278, 360, 361, 2nd ed. is still employed by the Turkish ladies for the
FRUMENTA'RII, officers under the Roman  same purpose.  (Pollux, v. 101.)  The eye-brows
empire, who acted as spies in the provinces, and  were likewise stained with aroAxos, a preparation
reported to the emperors anything which they  of soot.  Thus Alexis says (I. e.),
considered of importance.  (Aurel. Vict. De Caes.,  
*ras *(qpvs rv))as 7XE1 rLs' (* Tpaqbodo't~v aG65W.
39, sub fin.; Spartian. HIadrian. 11; Capitol. Me-i>
Crin'. 12, Corsinod. 4.) They appear to have been  (Comp. Juv. ii. 93.)  Ladies, who used paint, were
called Frlsentarsii because it was their duty to  occasionally betrayed by perspiration, tears, &c., of
collect information in the same way as it was the  which a humorous picture is given by the comic poet
duty of other officers, called by the same name, to  Eubulus (a?. Atlzen. 1. c.), and by Xenophon (Oecon.
collect corn.  They were accustomed  to accuse  1 0.~ 8). It would appear from Xenophon(Ibid. ~ 5)
persons falsely, and their office was at length  that even in his time men sometimes used paint, and
abolished by Diocletian.  We frequently find in  in later times it may have been still more common:
inscriptions mention made of Frsuzentarii belong- Delnetrius Phalereus is expressly said to have
ing to particular legions (Orelli, InsCe. 74, 3491, done so. (I)Duris, zp. Alen. xii. p. 542, d.)
4922), from which it has been supposed that the    Among the Romans the art of painting the conmfrumentarii, who acted  as spies, were  soldiers plexion was carried to a still greater extent than
attached to the legions in the provinces; they may, among the Greeks; and even Ovid did not disdain
however, have been different officers, whose duty it to write a poem on the subject, which he calls (de Art.
was to distribute the corn to the legions.         Ant. iii. 206) "' parvus, sed cura grande, libellus,
FR U MEN TA' TI O.           [FRUMENTARIAE  opus;" though the genuineness of the fragment of the
LEGES. ].edicaciazin cfieiei, ascribed to this poet, is doubtFUCUS ((vKcos), was the general term to sig- ful.  The Roman ladies even went so far as to
nify the paint which the Greek and Ronian ladies paint with blue the veins on the temples, as we
employed in painting their cheeks, eye-brows, and  may infer from Propertits (ii. 14. 27),'" Si caeruleo
other parts of their faces.  The practice of painting  cuaedam  suna tempora fuco  tinxerit."  The rithe face was very general among the Greek ladies, diculous use  of patches (splenia), which were
and probably came into fashion in consequence of common among the English ladies in the reign of
their sedentary mode of life, which robbed their Queen Anne and the first Georges, was not unknown
complexions of their natural freshness, and induced  to the Roman ladies.  (Mart. ii. 29. 9, x. 22;
them  to have recourse to artificial means for re- Plin. Ep. vi. 2.)  The more effeminate of the male
storing the red and white of nature.  This at the  sex at Rome also employed paint.  Cicero speaks
least is the reason given by some of the ancient (in Pison. 11) of the cerussatae buccae of his
writers  themselves.  (Xen. Oecon. 10. ~  10; enemy, the consul Piso.
Phintys, op. Stobaeum, tit. lxxiv. 61.)  The prac-    On a Greek vase (Tischbein, Engsravings, ii. 58)
tice, however, was of great antiquity among the  we see the figure of a female engaged in putting
Greeks, and was probably first introduced among  the paint -upon her face with a small brush.  This
the Asiatic Ionians from the East, where the custom  figure is copied in B1ttiger's Sabizna (pl. ix.),
has prevailed from the earliest times.  That it was (Comp. Becker, C/zarikles, vol. ii. p. 232, &c.;
as ancient as the time of Homer is inferred from the  Bdttiger, Sabina, vol. i. p. 24, &c., p. 51, &c.)
expression 47rixpifaoa,rapetias (Od. xviii. 172),    F UGA  LATA.  [ExssLIeumi.]
but this is perhaps hardly sufficient to prove that    FUGA  LIBERA.  [EXSILIUac.]
the cheeks were painted.  The ladies at Athens, as    FUGITIVA'RIUS.  [SERvus.]
might have been expected, did not always paint    FUGITI'VUS.  [SEavus.]
their faces when at home, but only had recourse to    FULCRUM.  [LEcrus.]
this adornment when they w-ent abroad or wished    F ULLO   (cvasPbeus,  yvacpevs),  also  called
to appear beautiful or captivating.  Of this we have  NACCA  (Festus, s. v.; Apul. Mfet. ix. p. 206,
a striking example in the speech of Lysias on the  Ripont), a filler, a washer or scourer of cloth and
murder of Eratosthenes, in which it is related  linen.  The fullones not only received the cloth as
(p. 93. 20, ed. Steph.) that the wife, after leaving  it came from  the loom  in  order to scour and
her husband to visit her paramour, painted herself; smooth it, but also washed and cleansed garments
which  the  husband observed on the following  which had been already worn.  As the Romans
morning, remarking,  osE  of ICOL Trb 7irpdaco-rov generally wore woollen dresses, which were often
E/iLv0L&0OaL. (Comp. Aristoph. Lyslstr. 149, Eccl. of a light colour, they frequently needed, in the
878, Plst. 1064; Plut. Alcib. 39.)  In order tO  hot climate of Italy, a thorough purification.  The
give a blooming colour to the cheeks, ai`Xouo-a or way in which this was done has been described by
youvara, a red, obtained from the root of a plant, Pliny  and  other ancient writers, but is most
was most frequently employed (Xen. Oecom. 10. clearly explained by some paintings which have been
~ 2); and the following paints were also used to  found on the walls of a fullonica at Pompeii. Two
produce the same colour, namely, rartEpwss, also a  of these paintings are given by Gell (Posspeeana,
vegetable dye resembling the rosy hue on the  vol. ii. pl. 51, 52), (and the whole of them  in the
cheeks of young children (Alexis, cap. Atszen. xiii. Museo Borbonico (vol. iv. pl. 49, 50); from  the
N   4




552                 FULLO.                                            FULLO.
latter of which works the followihg cuts have been                           /
taken.
The clothes were first washed, which was done
in tubs or vats, where they were trodden upon and
stamped by the feet of the fullones, whence
Seneca (Ep. 15) speaks of saltus fullonicus.  The
following woodcut represents four pesons thus employed, of whom three are boys, probably under
the superintendence of the man.  Their dress is
tucked up, leaving the legs bare; the boys seem to                                       \
have done their work, and to be wringing the
articles on which they had been employed.
"  brushl, which bears considerable resemblance to a
I1 /!!9/    ~-(    ~     /~modern horse-brush.  On the right, another man
carries a frame of wicker-work, which was without
doubt intended for the purpose described above;
he has also a pot in his hand, perhaps intended for
The ancients were not acquainted with soap, but holding the sulphur.  On his head he wears a kind
they used in its stead different kinds of alkali, by  of garland, which is supposed to be an olive garland,
which the dirt was more easily separated from the  and  above him an owl is represented sitting.  It is
clothes.  Of these, by far the most common was  thought that the olive garland and the owl indicate
the urine of men and  animals, which was mixed  that the establishment was under the patronage of
with the water in which the clothes were washed.  Minerva, the tutelary goddess of the loom.  Sir W.
(Plin. I-. N. xxviii. 18. 26; Athen. xi. p. 484.)  Gell imagines that the owl is probably the picture
To procure a sufficient supply of it, the fullones of a bird which really existed in the family. On
were accustomed to place at t    he corner of the  the left, a well-dressed female is sitting, examining
streets vessels, which they carried away after they  a piece of work which a younger girl brings to her.
had been filled by the passengers. (Martial, vi. 93; A  vetictlusn? [see p. 329, a] upon her head, a neckMacrob. Satzsnn. ii. 12.) WVe are told by Suetonius lace, and bracelets denote a person of higher rank
(Vesp. 23) that Vespasian imposed a urinae vectigal, than one of the ordinary work-people of the es.
which is supposed by Casaubon and others to have  tablishment.
been a tax paid by the fullones. Nitrum, of which    In the following woodcut we see a young man
Pliny (H. N. xxxi. 46) gives an account, was also  in a green tunic giving a piece of cloth, which apmixed with the water by the scourers.  Fullers' pears to be finished, to a woman, who wears a
earth (creta fullolica, Plin. H. N. xviii. 4), of which  green under-tunic, and over it a yellow tunic with
there were many kinds, was employed for the
same purpose.  WVe do not know the exact nature
of this earth, but it appears to have acted in the
same way as our fullers' earth, namely, partly in                                 T
scouring and partly in absorbing the greasy dirt.    l
Pliny (HI. N. xxxv. 57) says that the clothes should     m:
be washed with the Sardinian earth.
After the clothes had been washed, they were
hung out to dry, and were allowed to be placed in
the street before the doors of the fullonica.  (DiZg.
43. tit. 10. s. 1. ~ 4.)  When dry, the wool was
brushed and carded to raise the nap, sometimes
with the skin of a hedgehog, and sometimes with       I ll 
some plants of the thistle kind.  The clothes were
then hung on a vessel of basket-work (viimineca
cavea), under which sulphur was placed in order to
whiten the cloth; for the ancient fullers appear to
have known that many colours were destroyed by
the volatile steam  of sulphur.  (Apul. MI1et. ix.
p. 208, Bipont; Plin. H. 1V. xxxv. 50, 57; Pol- red stripes.  On the right is another female in a
lux, vii. 41.)  A fine white earth, called Cimolian  white tunic, who appears to be engaged in cleaning
by Pliny, was often rubbed into the cloth to in- one of the cards or brushes.  Among these paint.
crease its whiteness.  (Theophr. Chlar. 10; Plaut. ings there was a press, worked by two upright
Aulul. iv. 9. 6; Plin. H. N. xxxv. 57.)  The pre- screws, in which the cloth was placed to be
ceding account is well illustrated by the following  smoothened.  A drawing of this press is given on
woodcut.                                         p. 300.
On the left we see a fullo brushing or carding a    The establishment or workshop of the fisllers was
white tunic, suspended over a rope, with a card or | called I'lllonica (Dig. 39. tit. 3. a. 3), FIulloezicun




FUNAMBULUS.                                             FUNDA.                    553
(Dig. 7. tit. 1. s. 13. ~ 8), or F1sllonlsnoz (Amm.
Marc. xiv. 11. p. 44, Bipont.)  Of such establish-  a.:               (
ments there were great numbers in Rome, for the. a
Romans do not appear to have washed at home
even their linen clothes.  (Martial, xiv. 51.)  The
trade of the fullers was considered so important
that the censors, C. Flaminius and L. Aemilius,
B. c. 220, prescribed the mode in which the dresses
were to be washed. (Plin. H. N. xxxv. 57.) Like   
the other principal trades in Rome, the Fullones''=<.......
formed a collegium. (Fabretti, Inser p. 278.)  To
large farms a fullonica was sometimes attached, in,
which the work was performed by the slaves who         (  
belonged to the fanilia sustica.  (Varro, R. R. i.  
1.)
The fullo was answerable for the property while
it was in his possession; and if he returned by mistake a different garment from the one he had re-'ceived, he was liable to an action ex locatoe; to
which action he was also subject if the garment            4D T.i
was injured.  (Dig. 19. tit. 2. s. 13. ~ 6; s. 60. ~2;
12 tit. 7. s. 2.) Woollen garments, which had been                 t {
once washed, were considered to be less valuable
than they were previously (Petron. 30; Lamprid.
Heliogab. 26); hence Martial (x. 11) speaks of a 
toga lota terque quaterque as a poor present.
The Greeks were also accustomed to send their one on the lyre: two others are pouring wine in-to
garments to fullers to be washed and scoured, who  vessels of different forms.  They all have their
appear to have adopted a similar method to that heads enveloped in skins or caps, probably intended
which has been described above. (Theophr. Cl/ar.  as a protection in case of falling.  The emperor
10; Athen. xi. p. 582, d.; Pollux, vii. 39, 40,41.) Antoninus, in consequence of the fall of a boy,
The word 7rXureiv denoted the washing of linen, caused feather-beds (celcitras) to be laid under the
and icvapeetev   or yvaepevelv the washing of woollen, rope to obviate the danger of such  accidents.
clothes. (Eustath. ad Od. xxiv. 148. p. 1956. 41.)  (Capitol. M. Anton. 12.)  One of the most difficult
(Schbttgeu Antiquitates Triturae et Fulloniae, exploits was running down the rope (Sueton. Nero,
Traj. ad Rhen. 1727; Beckmann, Ilist. of nven-  11) at the conclusion of the performance.  It was
tions and Discoveries, vol. iii. p. 266, &c., transl.: a strange attempt of Germanicus and of the emBecker, Gallus, vol. ii. p. 100, &c., Charikles, peror Galba to exhibit elephants walking on the
vol. ii. p. 408.)  -                               rope.  (Plin. HI. N. viii. 2; Sueton. Galb. 6; Sen.
FULLO'NICA.  [FuLLo.]                           Epist. 86.)                             [J. Y.1
FUNA'LE (aocoX&a, Isid. Orig. xx. 10), a link,    FUMA'RIUM.I   [VINuer.]
used in the same manner as a torch [FAX], but    FUNDA (ae1p6YvI), a sling.  Thelight troops
made of papyrus and other fibrous plants, twisted  of the Greek and Roman armi s consisted in great
like a rope, and  smeared with pitch and wax. part of slingers (lfnditores, opeeVoJy0TaL).  In the
(Virg. A en. i. 727; Servius, ad loc.; Hor. Carne. earliest times, however, the sling appears not to
iii. 26. 7; Val. Max. iii. 6. ~ 4.) It was indeed,.,have been used by the Greeks. It is not menas Antipater describes it, "a light coated with  tioned in the Iliad; for in the only passage (II.
wax " (a4cmra's MCpoXhr'Tv, Brunck, Anal. ii. 112; xiii. 599) in which the word o(pes6dVr/ occurs, it is
Jacobs, ad loc.).  For this reason it was also called  used in its original signification of a bandage. But
cereus.  Funalia are sculptured upon a monument in the times of the Persian wars slingers had come
of considerable  antiquity preserved  at Padua. into use; for among the other troops which Gelon
(Pignor. De Servis, p. 259.)  At the Saturnalia  offered to send to the assistance of the Greeks
they were presented by clients to their superiors, against Xerxes, mention is made of 2000 slingers
and were lighted in honour of Saturn. (Antipater, (Herod. vii. 158); and that the sling was then
I. c.; Macrob. Sat. i. 6.)             [J. Y.]    known among the Greeks is also evident from the
FUNALIS EQUUS.  [CURRUS. p. 379, b.]  allusion to it by Aeschylus (Agaen. 982).  At
FUNA'MBULUS (QcaXoCa7rs o   erXoLvodciTrs ), the same time it must be stated that we rarely read
a rope-dancer.  The art of dancing on the tight of slingers in these wars. Among the Greeks the
rope was carried to as great perfection among the Acarnanians in early times attained to the greatest
Romans as it is with us.  (Hor. Epist. ii. 1. 210; expertness in the use of this weapon (Thuc. ii. 81);
Terent. Hecmjr. Prol. 4. 34; Juv. iii. 80; Bulenger, and at a later time the Achaeans, especially the inde Tl/eat. i. 42.)  If we may judge from a series of Ihabitants of Agium, Patrae, and Dymae, were celepaintings discovered in the excavations (Ant.d'Ercol. brated as expert slingers. The slings of these AchaeT. iii. p. 160-165), from  which the figures in  ans were made of three thongs of leather, and not of
the annexed woodcut are selected, the performers one only, like those of other nations. (Liv. xxxviii.
placed themselves in an endless variety of graceful 29.) The people, however, who enjoyed the greatest
and sportive attitudes, and represented the charac- celebrity as slingers were the natives of the Balearic
ters of bacchanals, satyrs, and other imaginary  islands. Their skill in the use of this weapon is said
beings.  Three of the persons here exhibited hold  to have arisen from the circumstance, that, when
the thyrsus, which may have served for a balancing  they were children, their mothers obliged them to
pole  two are performing on the double pipe, and  obtain their fcod by striking it with a sling. (Vgetg




554               FUNDUS.                                           FUNUTS.
deReMil. i. 16; Strab. iii. p. 168.) Most slings were  and the testator frequently indicated the fundus, tO
made of leather, but the Balearic ones were manu-  which his last dispositions referred, by some namle,
factured out of a kind of rush. (Strab. 1. c.) The  such as Sempronianus, Seianus; sometimes also,
manner in which the sling was wielded may be seen  with reference to a particular tract of country, as
in the annexed figure (Bartoli, Col. Traj. t. 46) of a  Fundus Trebatianus qui est in regione Atellana.
(Brissonius, de Fo'rmulis, vii. 80.)  A fundus was
sometimes devised cum omni instruzmeoto, with its
stock and implements of husbandry.  Occasionally
_      R Ik a question arose as to the extent of the word inlstrumentum, between or among the parties who deo
rived their claim from a testator. (Dig. 33. tit. 17.
s.12.)
Fundus has a derived sense which flows easily
enough from  its primary meaning.  "Fandus,"
says Festus, " dicitur populus esse rei, quam alienat,
hoc est auctor." [AucToR.]  Compare Plautuls,
Trlinzum. v. i. 7 (fundus potior).  In this sense
"findus esse" is to confirm  or ratify a thing;
and in Gellius (xix. 8) there is the expression
" sententiae legisque fundus subscriptorque fieri."
[FOEDERATI.]                          [G. L.]
X) )'   JI L:FUNES.  [NAvIs.]
FUNUS. It is proposed in the following article
to give a brief account of Greek and Roman
soldier with a provision of stones in the sinus of his  funerals, and of the different rites and ceremonies
pallium, and with his arm extended in order to whirl connected therewith.
the sling about his head. (Virg. Aen. ix. 587, 588,    1. GREIgI.  The Greeks attached great importxi. 579.)  Besides stones, plummets, called glandes  ance to the burial of the dead.  They believed
(gtoXvG8iSes), of a form  between acorns and al- that souls could not enter the Elysian fields till
mends, were cast in moulds to be thrown with  their bodies had been buried; and accordingly we
slings.  (Lucret. vi. 176; Ovid, Mlet. ii. 729, vii. find the shade of Elpenor in the Odyssey (xi. 66.
778, xiv. 825, 826.)  They have been found on  &c.) earnestly imploring Ulysses to bury his body.
the plain of Marathon, and in other parts of Greece, Ulysses also, when in danger of shipwreck, deplores
and are remarkable for the inscriptions and devices  that he had not fallen before Troy, as he should in
which they exhibit, such as thunderbolts, the names that case have obtained an honourable burial. (Od.
of persons, and the word AESAI, meaning " Take  v. 311.)  So strong was this feeling among the
this."  (Dodwell's Tozur, vol. ii. pp. 159-161;  Greeks, that it was considered a religious duty to
Bbckh, Co)p. Ins. vol. i. p. 311; Mommsen, in  throw earth upon a dead body, which a person
Zeitschrift fiir die Altedt7sls77msZUisses7scdayt, 1846, might happen to find unburied (Ael. Vcar. Hist. v.
p. 782.)                              [J. Y.]    14); and among the Athenians, those children who
While the sling was a very efficacious and im- were released fiom all other obligations to unworthy
portant instrument of ancient warfare, stones thrown  parents, were nevertheless bound to bury them by
with the hand alone were also much in use both  one of Solon's laws.  (Aesch. c. Tinizare. p. 40.)
among the Romans (Veget. i. 16, ii. 23) and with  The neglect of burying one's relatives is frequently
other nations (ol 7reTrpoCAot, Xen. Hlellen. ii. 4. mentioned by the orators as a grave charge against
~ 12). The Libyans carried no other arms tha i the moral character of a man  (Dem. c. Aristog.
three spears and a bag full of stones.  (Diod. Sic. i. p. 787. 2; Lys. c. Phil. p. 883, c. Aleib. p. 539),
iii. 49.)                                        since the burial of the body by the relations of the
FUNDITORES.  [FUNDA.]                          dead was considered a religious duty by the uniFUNDUS.  The primary signification of this  versal law of the Greeks.  Sophocles represents
word appears to be the bottom or foundation of a  Antigone as disregarding all consequences in order
thing; and its elementary part (fud), seems to be  to bury the dead body of her brother Polyneices,
the same as that of Pv0,os and 7rv0,l-urq', the s2 in  which Creon, the king of Thebes, had commanded
fundus being used to strengthen the syllable.  The  to be left unburied.  The common expressions for
conjectures of the Latin writers as to the etymo- the funeral rites, -ra' KICata, dytLFac or'YOItuleYIEa,
logy of fundus may be safely neglected.          mrpoeeieovera, show that the dead had, as it were, a
Fundus is often used as applied to land, the  legal and moral claim to burial.
solid substratum of all man's labours. According to    The common customs connected with a Greek
Florentinus (Dig. 50. tit. 16. s. 211) the term fundus  funeral are described by Lucian in his treatise de
comprised all land and constructions on it; but Luctmi (c. 10, &c., vol. ii. p. 926. ed. Reitz); and
usage had restricted the name of aedes to city  there is no reason for supposing that they differ
houses, villae to rural houses, area to a plot of much from those which were practised in earlier
ground in a city not built upon, awger to a plot of times.  After a person was dead, it was the cusground in the country, and fundmus to agesr cosle  tom first to place in his mouth an obolus, called
aedificiis.  This definition of ftmdus may be com-  6avdcm1 [DANACE], with which he might pay the
pared with the uses of that word by Horace, and  ferryman in Hades.  The body was then washed
other writers.  In one passage (~Ep. i. 2. 47), and anointed with perfumed oil, and the head was
Horace places domus and fundus in opposition to  crowned with the flowers which happened to be in
one another, domus being apparently there used as  season.  The deceased was next dressed in as
equivalent to aedes.                             handsome a robe as the family could afford, in
rThe term filndus often occurred in Roman wills, order, according to Lucian, that he might not be




FUNUS.                                             FUNUS.                    55.5
cold on the passage to Hades, nor be seen naked  corpse and the women behind.  (Dem. 7. c.)  The
by Cerberus: this garment appears to have been  funeral procession was preceded or followed by
usually white. (Ii. kviii. 353; Artemiod. Oneirocr.  hired mourners (apnvopo0i), who appear to have
ii. 3.)  These duties were not performed by hired  been usually Carian women, though Plato speaks
persons, like the pollinctores among the Romans, of men engaged in this office. They played mournbut by the women of the family, upon whom the care  ful tunes on the flute.  (Plat. Leg. vii. 9. p. 800;
of the corpse always devolved.  (Isaeus, de Philoct. Hesych. s. v. Kapivat; Pollux, iv. 75.)
/lcr. p. 143, de Ciron. /zen. p. 209.)               The body was either buried or burnt.  Lucian
The corpse was then laid out (7rpdOeo-is, 7rpori-  (Ib. 21) says that the Greeks burn and the PerOEOaLt) on a bed (cAtk'V), which appears to have  sians bury their dead; but modern writers are
been of the ordinary kind, with a pillow (7rpoo-Kce- greatly divided in opinion as to which was the
QdcatAov) for supporting the head and back. (Lys. usual practice.  Wachsmuth says that in historical
c. Eratosth. p. 395.)  It is said that the bed on  times the dead were always buried; but this statewhich the corpse was laid out was originally placed  ment is not strictly correct.  Thus we find that
outside the house (Schol. ad As-istophl. Lysistr. Socrates speaks of his body being either burnt or
611); but at Athens we know it was placed in- buried (Plat. Phased. p. 115);the body of Timoleon
side, by one of Solon's laws. (Dem. c. M'acart.  was burnt (Plut. Timnol. 39), and so was that of
p. 1071.)  The object of this formal rpdOeotr was  Philopoemen. (Id. Plilop. 21.) The word&Irrselv
that it might be seen that the deceased had died  is used in connection with either mode; it is applied
naturally, and that no violence had been done to  to the collection of the ashes after burning, and achim. (Pollux, viii. 65.) Plato (Leg. xii. 9. p. 959)  cordingly we find the words Ica[etl and ad7r'TeLV
assigns another reason, namely, that there might used together.  (Dionys. Ant. Rome. v. 48.)  The
be no doubt that the person was dead, and says, proper expression for interment in the earth is
that the body ought only to be kept in the house  KaTropuzTreL,, whence we find Socrates speaking of
so long as it may be necessary to ascertain that fact.  r'b 0'cza ]} KcaldEVOSV ) taTropurVrdisteot. In Homer
By the side of the bed there were placed painted  the bodies of the dead are burnt (II. xxiii. 127,
earthen vessels, called X-icvOot (Aristoph. Eccl. &c., xxiv. 787, &c.); butinterment was also used
1032, 996), which were also buried with the  in very ancient times.  Cicero (de Leg. ii. 25) says
corpse; examples of which may be seen in the  that the dead were buried at Athens in the time
drawings of the coffins given by Btittiger ( Vasezg. of Cecrops; and we also read of the bones of Orestitle-page) and Stackelberg(Die GrCibes derHellenen, tes being found in a coffin at Tegea. (Herod. i. 68;
pl. 8).  Great numbers of these painted vases have  compare Plut. Sol. 10.)  The dead were commonly
been found in modern times; and they have been  buried among the Spartans (Plut. Lye. 27; comof great use in explaining many matters connected  pare Thucyd. i. 134) and the Sicyonians (Paus. ii. 7.
with antiquity. A honey-cake, called  EursATTOVT'ra, ~ 3); and the prevalence of this practice is proved
which appears to have been intended for Cerberus, by the great number of skeletons found in coffins
was also placed by the side of the corpse. (Aristoph. in modern times, which have evidently not been
Lgsistr. 601, with Schol.; compare Virg. Aen. vi. exposed to the action of fire.  Both burning and
419.)  Before the door a vessel of water was placed, burying appear to have been always used to a
called iaorpaico,, paciXs'ov or apadyiov, in order that greater or less extent at different periods; till the
persons who had been in the house might purify  spread of Christianity at length put an end to the
themselves by sprinkling water on their persons. former practice.
(Aristoph. Eccl. 1033; Pollux, viii. 65; Hesych.    The dead bodies were usually burnt on piles of
s. v.'Ap3.) The relatives stood around the bed, the  wood, called  vrypat.  The body was placed on the
women uttering great lamentations, rending their top; and in the heroic times it was customary to
garments and tearing their hair.  (Lucian. Ib. 12.)  burn with the corpse animals and even captives or
Solon attempted to put a stop to this (Plut. Sol. slaves.  Thus at the funeral of Patroclus, Achilles
12. 21), but his regulations on the subject do not killed many sheep, oxen, horses, and dogs, and
appear to have been generally observed.  It was  also twelve captive Trojans, whose bodies he burnt
formerly the practice to sacrifice victims before  with those of his friend. (II. xxiii. 165, &c.) Oils
carrying out the dead; but this custom  was not and perfumes were also thrown into the flames
observed in the time of Plato. (Min. p. 315.)  No  When the pyre was burnt down, the remains of
females under 60 years of age, except the nearest the fire were quenched with wine, and the relatives
relations (i'rbss a&,e4'ta6&), were allowed to be  and friends collected the bones.  (II. xxiv. 791.)
present while the corpse was in the house.  (Dem. The bones were then washed with wine and oil,
c. Macart. p. 1071.)                               and placed in urns, which were sometimes made of
On rhe day after the 7rpdOesrs, or the third day  gold. (Od. xxiv. 71, &c.)
after death, the corpse was carried out (&Ec opal,    The corpses, which were not burnt, were buried
itctco/,uLi) for burial, early in the morning and be- in coffins, which were called by various names, as
fore sunrise, by a law of Solon, which law appears  sopol, 7ru'eXo, XMjVot, Adcipvacs, sporrat, though
to have been revived by Demetrius Phalereus. some of these names are also applied to the urns
(Dem. I. c.; Antiph. de  Choe. p. 782; Cic. de  in which the bones were collected.  They were
Leg. ii. 26.)  A burial soon after death was sup- made of various materials, but were usually of
posed to be pleasing to the dead.  Thus we find  baked clay or earthenware.  Their forms are very
the shade of Patroclus saying to Achilles (Ii. xxiii. various, as may be seen by a reference to Stackel71 ).                                              berg (Die Griber der Helleien, pl. 7, 8). The pre0&7rTre JUE  rL fra'Wraa, 7ru'Aas a~0ao 7rEp7aw-.
(Compare Xen. Mein. i. 2. ~ 53.)  In some places
it appears to have been usual to bury the dead on
the day following death. (Callim. Epigr. 15; Diog.  v      >           U
LaUrt. i. 122.)  The men walked before the




th6                FUNUS.                                           FUINUS.
ceding woodcut contains two of the motlt ancient    At Xanthus the tombs are still more numerous.
kind; the figure in the middle is the section of one. They are cut ilnto, or are formed by cutting away,
The dead were usually buried outside the town, the rock, leaving the tombs standing like works of
as it was thought that their presence in the city  sculpture. (lb. p. 226.)  The same is the case at
brought pollution to the living. At Athens the  Telmessus, where they are cut out of the rock in
dead were formerly buried ill their own houses  the form of temples. They are generally approached
(Plat.  inz. 1. e.), but in historical times none were  by steps, and the columns of the portico stand out
allowed to be buried within the city.  (Cic. ad  about six feet from the entrance to the cella; the
P7am. iv. 12. ~ 3.)  Lycurgus, in order to remove  interiors vary but little; they are usually about
all superstition respecting the presence of the dead, six feet in height and nine feet by twelve in size.
allowed of burial in Sparta (Plut. Lye. 27); and  One side is occupied by the door, and the other
at Megara also the dead were buried within the  sides contain benches on which the coffins or urns
town.  (Paus. i. 43. ~ 2.)        *              have been placed. (ISl. p. 245.)
Persons who possessed lands in Attica were fre-    Some Greek tombs were built under ground, and
quently buried in them, and we therefore read of called 7lypogea (67roryaa or 67r6,yela).  They cortombs in the fields.  (Dem. c. EZerfg. p. 1 159; respond to the Roman conditorias. (Petron. c. 111.)
Donat. ad Ter. Esun. P-rol. 10.)  Tombs, however,    At Athens the dead appear to have been usually
were most frequently built by the side of roads and  buried in the earth; and originally the place of their
near the gates of the city.  Thus the tomb of Thu-  interment was'not marked by any monument. (Cic.
cydides was near the Melitian gate (Paus. i. 23. de Leg. ii. 25.)  Afterwards, however, so much
~ 11); but the most common place of burial was  expense was incurred in the erection of monuments
outside of the Itonian gate, near the road leading to  to the deceased, that it was provided by one of
the Peiraeeus, which gate was for that reason called  Solon's laws; that no one should erect a monument
the burial gate.  ('HpiaL irwati, Etymn. Mleag. and  which could not be completed by ten men in the
Harpocr. s. v.; Theophr. C(lar. 14.)  Those who  course of three days. (Id. ii. 26.) This law, howhad fallen in battle were buried at the public ex- ever, does not seem to have been strictly observed.
pense in the outer Cerameicus, on the road leading' We read of one monument which cost twenty-five
to the Academia.  (Thuc. ii. 34; Paus. i. 29. minae (Lys. c. Diog..p. 905), and of another which
~ 4.)                                            cost more than two talents.  (Dem. c. Steph. i.
The tombs were regarded as private property, p. 1125. 15.) Demetrius Phalereus also attempted
and belonged exclusively to the families whose re- to put a stop to this expense by forbidding the
latives had been buried in them.  (Dem. c. Eubusl. erection of any funeral monument more than three
p. 1307, c. MIaact. p. 1077; Cic. de Leg. ii. 26.)  cubits in height. (Cic. 1. c.)
Tombs were called;SKei, Td01ol, CYs,(laTa,    The monuments erected over the graves of per[.waljtea,'-/eAaze.   IMany of these were only  sons were usually of four kinds: 1. o're'Xal, pillars
mounds of earth or stones  (Xcwsan'a, rcoX&,at, or upright stone tablets; 2. xloes, columns; 3.
rTV/.te). Others were built of stone, and frequently  va'tda or jp.ea, small buildings in the form of temornamented with great taste.  Some of the most pies; and 4. Tpc're(al, flat square stones, called by
remarkable Greek tombs are those which have  Cicero (I. c.) nzensace.  The term'-rTiAc  is somebeen discovered in Lycia by Sir C. Fellows. In the  times applied to all kinds of funeral monuments,
neighbourhood of Antiphellus the tombs are very  but properly designates upright stone tablets, which
numerous. They all have Greek inscriptions, which  were usually terminated with an oval heading,
are generally much destroyed by the damp sea  called e7riejlca.  These ErOMl/cyaea were frequently
air.  The following woodcut, taken from Fellows's  ornamented with a kind of arabesque work, as in
work (Excursiosn ic Asia MIlnizor, p. 219), contains  the two following specimens taken from Stackelone of these tombs, and will give an idea of the  berg (pl. 3).  The shape of the 4oriOcta, however,
general appearance of the whole.                 sometimes differed; among the Sicyonians it was.o                    I
= -
"_    fq a in the shape of the &aeds orfizst!giums  [FASTIGvIUass,
which is placed over the extremity of a temple.
__..        n              e'The oieovEs, or colunr,   waere of aeriouct forms.




FUNUS.                                             FUNUS.                    /57
The three in the following woodcut are taken from   swaddling clothes, and treated like new-born inStackelberg (pl. 44, 46) and Millin (Pein.. de Vases  fants. (Hesych. s. iv.; Plut. Quaest. Roem. 5.)
Ant. vol. ii. pl. 51.)                               After the funeral was over the relatives partook
of a feast, which was called reppinetnrvov or EKicp6A  lervo,. (Lucian, lb. c. 24; Cic. de Leg. ii. 25.)
n >                          ~ *iR@A~yX/? if (S This feastwcas always given at the house of the
nearest relative of the deceased. Thus the relatives
_ S    of those who had fallen at the battle of Chaeroneia
partook of the 7repiiEurrov at the house of Demosthenes, as if he were the nearest relative to them
all. (Dem. pro Coron. p. 321. 15.)  These feasts
are frequently represented on funeral monuments.
In one corner a horse's head is usually placed, which
was intended to represent death as a journey. The
[- L']      _o        1    r          I. following woodcut, which represents a 7replsetrnvov,  or v'cKpdaeIItro', is taken from the _sar7eora O0ron. i.
tab. 52. No. 135. A similar example of a 7rEp[aEsarvov
The following example of an Wp~cov, which is also  is given at the beginning of Hobhouse's Travels.
taken from Stackelberg (pl. 1) will give a general  (Compare Miiller, ArcAiol. de} Kunst, ~ 428. 2.)
idea of monuments of this kind.  Another ipcov
is given in the course of this article (p. 558, a.).                                     
D PA< I KE 1     A
iV,  /
On the second day after the funeral a sacrifice
i 1   } /|'-  \l H! i Ii9t\\!to the dead was offered, called  ip['a. Pollux (viii.
146) enLumerates, in order, all the sacrifices and
ceremonies which followed the funeral,-Tpi —a,
gEvreaa, IpIlacds6ES, d'eYaTo1Ea'-a, Xoai. Aristophanes
I  (Lysistr. 611, with Schol.) alludes to the'rp'Ta.
The principal sacrifice, however, to the dead was
on the ninth day, called eYvarra or e'vara. (Aeschin.
_ —-\-~ —~J —              -          a c. Ctesiph. p. 617; Isaeus, de Ciron. hered. p. 224.)
The mourning for the dead appears to have lasted
The inscriptions upon these funeral monuments  till the thirtieth day after the funeral (Lys. de caed.
usually contain the name of the deceased person,  Eract p. 16), on which day sacrifices were again
and that of the demus to which he belonged, as  offered. (Harpocrat. s. v. rpiacdas.)  At Sparta the
well as frequently some account of his life.  A   time of mourning was limited to eleven days.
work on such monuments, entitled Ilepi MvaYucroov  (Plut. Lye. 27.)  During the time of mourning it
was written by Diodorus Periegetes.  (Plut. Ttemnt.  was considered indecorous for the relatives of the
32.)                                               deceased to appear in public (Aeschin. c. Ctesipkl.
Orations in praise of the dead were sometimes  pp. 468, 469); they were accustomed to wear a
pronounced; but Solon ordained that such orations  black dress (Eurip. Helen, 1087, Iphig. A ul. 1438;
should be confined to persons who were honoured  Isaeus, de Nicostr. her. p. 71; Plut. Pericl. 38),
with a public funeral. (Cic. de Leq. ii. 26.)  In  and in ancient times cut off their hair as a sign. of
the heroic ages games were celebrated at the fune-  grief. (nIAdscKaos rerv077nTipios, Aeschyl. Chloiph. 7.)
ral of a great man, as in the case of Patroclus (II.    The tombs were preserved by the family to
xxiii.); but this practice does not seem to have  which they belonged with the greatest care, and
been usual in the historical times.                were regarded as among the strongest ties which
All persons who had been engaged in funerals  attached a man to his native land. (Aeschyl. Pers.
were considered polluted, and could not enter the  405; Lycurg. c. Leocr. p. 141.)  In the Docimasia
temples of the gods till they had been purified.  of the Athenian archons it was always a subject
Those persons who were reported to have died in  of inquiry whether they had kept in proper repair
foreign countries, and whose funeral rites had been  the tombs of their ancestors. (Xen. Ai1fe'i. ii. 2.
performed in their own cities, were called v5-Tsepo-  ~ 13.)  On certain days the tombs were crowned
iroTrao and  eVrep4drol-rto if they were alive. Such  with flowers, and offerings were made to the dead,
persons were considered impure, and could onrly be  consisting of garlands of flowers and various other
delivered from their impurity by being dressed in  things; for an account of which see Aeschl:l. Pers.




Ni58               FUNUS.                                              FUNUS.
609, &c., Clhoeplh. 86, &c.  The act of offering  The Libitinlarii appear to have been so called bethese presents was called ieayiCIeLv, and the offer-  cause they dwelt near the temple of Venus Libitina,
ings themselves Edvayira'ra, or more commonly  where all things requisite for funerals were sold.
Xoat.  Such offerings at the tombs are represented  (Senec. de Benef. vi. 38; Plut. Quaest. Rom. 23 
upon many Xiicvuot, or painted vases; of which an  Liv. xli. 21; Plut. Num. 12.)  IIence we find the
example is given in the following woodcut. (Millin,  expressions vitare Libitina7n and evadere LibitinaeL
Peint. de Vases, vol. ii. pl. 27.)  The tomb is built used in the sense of escaping death.  (Hor. Carre.
in the form of a temple (iJpoov), and upon it is a  iii. 30. 6; Juv. xii. 122.)  At this temple anl acrepresentation of the deceased. (See also Stackel-  count (ratio, ephemneris) was kept of those who died,
berg, pl. 44 —46, and Millin, vol. ii. pl. 32. 38, for  and a small sum was paid for the registration of
further examples.)                                 their names.  (Suet. Ner. 39; Dionys. Ant. Ronl.
iv. 15.)
A  small coin was then placed in the mouth of
______________  A d d __  the corpse, in order to pay the ferryman in Hades'-       X   -;   (Juv. iii. 267), and the body was laid out on a
couch in the vestibule of the house, with its feet
towards the door, and dressed in the best robe
which the deceased had worn when alive.  Ordinary citizens were dressed in a white toga, and
magistrates in their official robes. (Juv. iii. 172;
Liv. xxxiv. 7; Suet. Ner. 50.)  If the deceased
had received a crown while alive as a reward for
kx'~ l [ iJ /~!.\  t [\                l his bravery, it was now placed on his head (Cic.'9)" /l ll,[  H\ d(" de dLeg. ii. 24); and the couch on which he was
P ~:    l'1 )[ G 1;  B y ~:~~ klaid was sometimes covered with leaves and flowers.
A branch of cypress was also usually placed at the
door of the house, if he was a person of consege 7\-~ s      ~ /lllquence.  (Lucan. iii. 442; Hor. Cartn. ii. 14. 23.)
Funerals were usually called fienera justa or
exsequiae; the latter term was generally applied to
The y7eveo-a mentioned byr Ierodotus (iv, 26)  the funeral procession (pompa fanebris).  There
appear to have consisted in offerings of the same  were two kinds of funerals, public and private; of
kind, which were presented on the anniversary of which the former was called fhnus publicum (Tacit.
the birth-day of the deceased, The,EKvsera Mwere  Ann. vi. 11) or indictiuvzt, because the people were
probably offerings on the anniversary of the day of invited to it by a herald. (Festus, s. v.; Cic. de
the death; though, according to some writers, the  Leg. ii. 24); the latter fcnes tacituzi,  (Ovid, Teist.
vEtcviria were the same as the yeE'oLa. (Hesych.  i. 3. 22), translatitiunm (Suet. NVer. 33), orplebeimiR.
s. e. There'sa: Grammat. Bekk. p. 231.)  Meals  A person appears to have usually left a certain sum
were also presented to the dead and burnt. (Lucian,  of money in his will to pay the expenses of his
(onte?7ipl. 22. vol. i. p. 519, ed. Reitz.; de Mlere. funeral; but if he did not do so, nor appoint any
(Cond.28. p. 687; Artemiod. Oneirocr. iv. 81.)    one to bury him, this duty devolved upon the perCertain criminals, who were put to death by the  sons to whom the property was left, and if he died
state, were also deprived of the rights of burial, without a will, upon his relations according to their
which was considered as an additional punish-  order of succession to the property.  (Dig. 11. tit.
melnt.  There were places, both at Athens and  7. s. 12.)  The expenses of the funeral were ill
Sparta, where the dead bodies of such criminals  such cases decided by an arbiter according to the
were cast.  (Plut. TlIem. 22; Thuc. i. 134.)  A   property and rank of the deceased (Dig. 1. c.),
person who had committed suicide was not deprived  whence arbitria is used to signify the funeral exof burial, but the hand with which he had killed  penses. (Cicpro Domno, 37, post Red, in Sen. 7, i2'
himself was cut off and buried by itself. (Aeschin. Pis. 9.)  The following description of the mode in
c. Ctes. pp. 636, 637.)  The bodies of those per-  which a funeral was conductedapplies strictly only
sons who had been struck by liglmtning  were re- to the funerals of the great; the same pomp and
garded as sacred (lepol eKxpo); they were never ceremony could not of course be observed in the
buried with others (Eurip. Saupi. 935), but usually  case of persons in ordinary circumstances.
on the spot where they had been struck.  (Arte-    All funerals in ancient times were performed at
miod. Qneirocr. ii. 9. p. 146; BIDaNTAL.)         night (Serv. ad Vrig. Aen. xi. 143; Isidor. xi. 2,
2. RoMAN.  WVhen a Roman was at the point xx. 10), but afterwards the poor only were buried
of death, his nearest relation present endeavoured  at nights becamse they could not afford to have any
to catch the last breath with his mouth.  (Virgi fineral procession,  (restus, s. v. Vespae; Suet.
Aen. iv. 684; Cic. Verr. v. 45.)  The ring was  Doam. 17; Dionys. iv. 40.) The corpse was usually
taken off the finger of the dying person (Suet. Tib. carried out of the house (qe'rebatltr) on the eighth
73); and as soon as lie was dead his eyes and  clay after death.  (Serv. ad Vlisg. Aez. v. 64.)
mouth were closed by the nearest relation (Virg.  The order of the funeral procession was regulated
Aen. ix. 487; Lucan, iii. 740), who called upon. by a person called Designator or Domninus Fwleeris,
the deceased by name (inclamarcse, conclamare), ex-  who was attended by lictors dressed in black.
claiming Iave or vale.  (Ovid, Trist. iii. 3. 43, bMet.  (Donat ad Ter. Adelph. i. 2. 7; Cic. de Leg. ii. 24;
x. 62, Fast. iv. 852; Catull. ci. 10.)  The corpse  Hor. Ep. i. 7. 6.)  It was headed by musicians of
was then washed, and anointed with oil and per-  various kinds (cornicines, siticines), iwho played
fumes by slaves, called Pollinctores, who belonged  mournful strains (Cic. Ibid. ii. 23; Gell. xx. 2),
to the Libitinarii, or undertakers, called by the  and next came mourning women, called Pea.fice
Greeks YercpoOdarrat.  (Dig. 14. tit. 3. s. 5. ~ 8.)  (Festus, s. v.), who were hired to lament and sing




FUNUS.                                             FUNUS.                    b59
the funeral song (2aeeeia or lessus) in praise of the of the Cornelian gens whose body was b)urned.
deceased.   These were sometimes followed by  (Cic. ib. ii. 22.)  Under the empire burning was
players and buffoons (scurroe, listriones), of whom  almost universally practised, but was gradually disone, called Arclimimeus, represented the character continued as Christianity spread (Minuc. Felix, p.
of the deceased, and imitated his words and actions. 327, ed. Ouzel. 1672), so that it had fallen into
(Suet. Vesp. 19.)  Then came the slaves whom the  disuse in the fourth century. (Macrob. vii. 7.) Perdeceased had liberated, wearing the cap of liberty  sons struck by lightning were not burnt, but buried
(pileati); the number of whom was occasionally  on the spot, which was called Bidentel, and was
very great, since a master sometimes liberated all considered sacred. [Bnv.DTAL.]  Children also,
his slaves, in his will, in order to add to the pomp  who had not cut their teeth, were not burnt, but
of his funeral.  (Dionys. iv. 24; compare Liv. buried in a place called Suggrundarium.  (Plin.
xxxviii. 55.)  Before the corpse persons walked  H. N. vii. 15; Juv. xv. 140; Fulgent. de prisc.
wearing waxen masks [IM/Aco], representing the Serra. 7.) Those who were buried were placed in
ancestors of the deceased, and clothed in the official a coffin (areca  or loculus), which was frequently
dresses of those whom they represented (Polyb. made of stone (Valer. Max. i. 1. ~ 12; Aurel. Vict.
vi. 53; Plin. H. N. xxxv. 2); and there were also  de Vir. Ill. 42), and sometimes of the Assiall
carried before the corpse the crowns or military re- stone, which came from Assos in Troas, and which
wards which the deceased had gained.  (Cic. de consumed all the body, with the exception of the
Leg. ii. 24.)                                      teeth, in 40 days (Plin. H. N. ii. 98, xxxvi. 27),
The corpse was carried on a couch (lectice), to  whence it was called Sarcophiagus.  This name was
which the name of Fereterus  (Varro, de Ling. Lat,. in course of time applied to any kind of coffin or
v. 166) or Capulus (Festus, s. V.) was usually given; tomb.  (Juv. x. 172; Dig. 34. tit. 1. s. 18. ~ 5;
but the bodies of poor citizens and of slaves were  Orelli, Inser. No. 194, 4432, 4554.)
carried on a common kind of bier or coffin, called    The corpse was burnt on a pile of wood (pyra
Sandcapila. (Mart. ii. 81, viii. 75. 14; Juv. viii. or rogus).  Servius (ad Virg. Aen. xi. 185) thus
175; vilis arca, Hor. Sat. i. 8. 9.)  The Sandspile  defines the difference between pyre and rogus,
was carried by bearers, called Vesper or Vespillones " Pyr  est lignorum  congeries; ropus, cum jam
(Suet. Dom. 17; Mart. i. 31. 48), because, ac- ardere coeperit, dicitur."  This pile was built in
cording to Festus (s. v.), they  carried  out the the form of an altar, with four equal sides, whence
corpses in the evening (vespertino  temnpors'e).  The we find it called are sepulcri (Virg. Aen. vi. 177)
couches on which the corpses of the rich were car- and fiuneris ars. (Ovid, Trist. iii. 13. 21.)  Tho
tied were sometimes made of ivory, and covered  sides of the pile were, according to the Twelve
with gold and purple. (Suet. Jul. 84.)  They were  Tables, to be left rough and unpolished (Cic. de
often carried on the shoulders of the nearest rela- Leg. ii. 23); but were frequently covered with dark
tions of the deceased (Valer. Max. vii. 1. ~ 1I; Hor. leaves. (Virg. Aen. vi. 215.)  Cypress trees were
Sat. ii. 8. 56), and sometimes on those of his freed- sometimes placed before the pile. (Virg. Ovid, 1. c.;
men. (Pers. iii. 106.)  Julius Caesar was carried  Sil. Ital. x. 535.) On the top of the pile the corpse
by the magistrates (Suet. Jul. 84), and Augustus was placed, with the couch on which it had beenll
by the senators. (Id. Aug. 100; Tacit. Ann. i. 8.) carried (Tibull. i, 1. 61), and the nearest relation
The relations of the deceased walked behind the then set fire to the pile with his face turned atway.
corpse in mourning; his sons with their heads [FAX.]  When the flames began to rise, various
veiled, and his daughters with their heads bare perfumes were thrown into the fire (called by
and their hair dishevelled, contrary to the ordinary  Cicero (1. c.) snmptuos  resspersio), though this
practice of both.  (Plut. Quaest. Rom. 14.)  They  practice was forbidden by the Twelve Tables -
often uttered loud lamentations, and the women beat cups of oil, ornaments, clothes, dishes of food, and
their breasts and tore their cheeks, though this was other things, which were supposed to be agreeable
forbidden by the Twelve Tables. (11Misieres genets to the deceased, were also thrown upon the flames.
se radue/to, Cic. de Leg. ii. 23.)  If the deceased  (Virg. Aen. vi. 225; Stat. Tieb. vi. 126; Lucan.
was of illustrious rank, the funeral procession went ix. 175.)
through the forum (Dionys. iv. 40), and stopped he-    The place where a person was burnt was called
fore the rostra, where a funeral oration (lauedatio) Bustsem, if he was afterwards buried on the same
in praise of the deceased was delivered.  (Dionys. spot, and Ustsina or Ustrinzum if he was buried at
v. 17; Cic. pro J1Iil. 13, de Oratl ii. 84; Suet. Jul. a different place.  (Festus, s. v. bustum.)  Persons
84, Aug. 100.)  This practice was of great an- of property frequently set apart a space, surrounded
tiquity among the Romanss and is said by some by a wall, near their sepulchres, for the purpose of
writers to have been first introduced by Publicola, burning the dead; but those who could not afford
who pronounced a funeral oration in honour of his the space appear to have sometimes placed tile.
colleague Brutus. (Plut. Public. 9; Dionys. v. 17.) funeral pyres against the monuments of others,
Women also were honotired by funeral orations. which was frequently forbidden in inscriptions on
(Cic. de Orat. ii. l1; Suet. Jul. 26, GCal. 10.) monuments.  (Tusic monumento ustrinum applicari
From the forum the corpse was carried to the place nos lieet, Gruter, 755. 4. 656. 3; Orelli, 4384,
of burning or burial, which, according to a law of 4385.)
the Twelve Tables, was obliged to be outside the    If tle deceased was an emperor, or an illustrious
city.  (Cic. de Leg. iit 23)                       general, the soldiers marched (decurrebant) three
The Romans in the most ancient times buried   times round the pile (Virg. Aen. xi. 188; Tacit.
their dead (Plin, Ii. iV. vii. 55), though they also  Ann. ii. 7), which custom  was observed annually
early adopted, to some extent, the custom of burn- at a monument built by the soldiers in honour of
ing, which is mentioned in the Twelve Tables. DLrusus.  (Suet. Claud. 1.)  Sometimes animals
(Cic. 1. c.)  Burning, however, does not appear to  were slaughtered at the pile, and in ancient times
have become general till the later times of the re- captives and slaves, since the Manes were supposed
public; Mnarius veas buried, nand Sulla was the first to be fend of blood; but afterwards gladiators,




6()10             YFUNUS.                                            FUN US.
called Butstuar'i, were hired to fight round the  upright rectangular form, richly ornamented with
burning pile.  (Serv. ad Viriy. Aen. x. 519; comp. foliage, and supported at the sides by pilasters. It
Heor. Sat. ii. 3. 85.)                           is erected to the memory of Cossutia Prima.  Its
When the pile was burnt down, the embers  height is twenty-one inches, and its width, at the
were soaked with wine, and the bones and ashes base, fourteen inches six-eighths.  Below the inof the deceased were gathered by the nearest rela- scription an infant genius is represented driving a
tives (Virg. Aen. vi. 226 —228; Tibull. i. 3. 6, iii. car drawn by four horses.
2. 10; Suet. Aug. 100), who sprinkled them with    After the bones and ashes of the deceased bad
perfumes, and placed them in a vessel called urna  been placed in the urn, the persons present were
(Ovid, Ann. iii. 9. 39; feralis urna, Tacit. Ann. thrice sprinkled by a priest with pure water from
iii. 1), which was made of various materials, ac- a branch of olive or laurel for the purpose of purificording to the circumstances of individuals.  Most cation (Virg. Aen. vi. 229; Serv. ad loc.); after
of the funeral urns in the British Museum are made  which they were dismissed by the praqfica, or some
of marble, alabaster, or baked clay.  They are of other person, by the solemn word Ilicet, that is,
various shapes, but most commonly square or round; ire licet. (Serv. 1. c.) At their departure they were
and upon them there is usually an inscription or accustomed to bid farewell to the deceased by proepitaph (titulus or epitaphizum), beginning with the nouncing the word Vale.  (Serv. 1. c.)
letters D. M. S. or only D. M., that is, Dis MIAN-    The urns were placed in sepulchres, which, as
IBus  SACRUM, followed by the name of the de- already stated, were outside the city, though in a
ceased, with the length of his life, &c., and also by  few cases we read of the dead being buried within
the name of the person who had the urn made. the city.  Thus Valerius, Publicola, Tubertus, and
The following examples, taklen from urns in the  Fabricius were buried in the city; which right
British Museum, will give a general knowledge of their descendants also possessed, but did not use.
such inscriptions. The first is to Serullia Zosimenes, (Cic. de Leg. ii. 23.)  The vestal virgins and the
who lived 26 years, and is dedicated by her son  emperors were buried in the city, according to SerProsdecius;                                     vius (ad Virg. Aen. xi. 205), because they were
D. L.                       not bound by the laws.  By a rescript of Hadrian,
SERVLLIAE ZOSIMENI                  those who buried a person in the city were liable to
QVAE VNIXT,ANN X;XVI.               a penalty of 40 aurei, which was to be paid to the
BENE MiEREN. FECIT                 nscus; and the spot where the burial had taken
PRsosaDEcvs   FILIVs.              place was confiscated.  (Dig. 47. tit. 12. s. 3 ~ 5.)
The practice was also forbidden by Antoninus Pius
The next is an inscription to Licinius Successus, (Capitol. Anton. Pins, 12), and Theodosius II.
who lived 13 years one month and 19 days, by his  (Cod. Theod. 9. tit. 17. s. 6.)
most unhappy parents, Comicus and Auriola: —       The verb sepelire, like the Greek 9ad7rretV, rwas
Dis. MAN.                     applied to every mode of disposing of the dead
CoMIcvs. ET                     (Plin. tI. N. vii. 55); and sepulcruns signified any
AVRIOLA. PARENTES                   kind of tomb in which the body or bones of a man
INFELICISSIMI                   were placed.  (SepUilcruio  est, ubi corpus ossave
LICINIO   SvCCESSO.               Jzhominis condita sunt, Dig. 11. tit. 7. s. 2. ~ 5; comV. A. XIII. M. I. D. XIX.            pare 47. tit. 12. s. 3. ~ 2.)  The term hiemare wras
originally used for burial in the earth (Plin. 1. c.),
The following woodcut is a representation of a but was afterwards applied like sepelire to any mode
sepulchral urn in the British Museum.  It is of an  of disposing of the dead; since it appears to have
been the custom, after the body was burnt, to
I   throw some earth upon the bones.  (Cic. de Ley.
ii. 23.)
&~ J        i/The places for burial were either public or private.  The public places of burial were of two
kinds; one for illustrious citizens, who were buried
at the public expense, and the other for poor citizens, who could not afford to purchase ground for
the purpose.  The former was in the Campus Mar-'M        X)I4            421 tius, which was ornamented with the tombs of the
illustrious dead, and in the Campus Esquilinus
(Cic. Phil. ix. 7); the latter was also in the CalmPIR X M'All, 7     [1         pus Esquilinus, and consisted of small pits or
caverns, called puticuli or puticleae (Varr. de Lincg.
KJi$3S  M;  1   hND55 B1f )i   Lat. v. 25. ed. MUller; Festus, s. v.; Her. Sat.
I ~1 M TK H I  El3TR- E. lTq \   i. 8. 10); but as this place rendered the neighbourhood unhealthy, it was given to Maecenas,
who converted it into gardens, and built a magnificent house upon it. Private places for burial
were usually by the sides of the roads leading to
Rome; and on some of these roads, such as the
Via Appia, the tombs formed an almost uninterrupted street for many miles from the gates of
the city.  They were frequently built by individuals during their life-time (Senec. de Breu. Vit.
20); thus Augustus, in his sixth consulship, built
the Mausoleum for his sepulchre between the Via




FUNUS.                                           FUN US.                  561
Flaminia and the Tiber, and planted round it neither this space nor the sepulchre itself could
woods and walks for public use. (Suet. Aug. 100.) become the property of a person by usucapion.
The heirs were often ordered by the will of the  (Cic. de Leg. ii. 24.)
deceased to build a tomb for him (Hor. Sat. ii. 3.   Private tombs were either built by an individual
84; Plin. Ep. vi. 10); and they sometimes did for himself and the nmembers of his family (sepulcra
it at their own expense (de suo), which is not un- faniliaris), or for himself and his heirs (sepsulcea
frequently recorded in the inscription on funeral hereditaria, Dig. 11. tit. 7. s. 5).  A tomb, which
monuments, as in the following example taken  was fitted up with niches to receive the funeral
from an urn in the British Museum:-              urns, was  called columbariunz, on account of the
Dis MANIBVS                     resemblance of these niches to the holes of a
L. LEPIDI EPAPHRAE                 pigeon-house.  In these tombs the ashes of the
PATRIS OPTISsI                  freedmen and slaves of great families were freL. LEPIDIVS                    quently placed in vessels made of baked clay,
AMTAxIMvs F.                   called ollae, which were let into the thickness of
DE SVO.                      the wall within these niches, the lids only being
seen, and the inscriptions placed in front.  Several
Sepulchres were originally called buste (Festus,  of these columbaria are still to be seen at Rome.
s. v. Septlerzme), but this word was afterwards em- One of the most perfect of them, which was disployed in the manner mentioned above (p. 559, b.). covered in the year 1 822, at the villa Rufini, about
Sepulchres were also frequently called loloauomentea two miles beyond the Porta Pia, is represented in
Cic. ad Fanm. iv. 12. ~ 3; Ovid, ifet. xiii. 524), the annexed woodcut.
but this term was also applied to a monument
erected to the mnemory of a person in a different
place from where he was buried. (Festus, s. v..    2
Cic. pro Sext. 67; comp. Dig. Il. tit. 8.) Coads-  ^
toria or condition were sepulchres under ground,.
in which dead bodies were placed entire, in contradistinction to those sepulchres which contained   i
the bones and ashes only.  They answered to the   C      -\               c                   r
Greek irrd&yelov or 7r&yaito,.,       _               _ f.i
The tombs of the rich were commonly bu;lt of                       _         -t
ma'ble, and the ground enclosed with an iron'        -.
railing or wall, and planted round with trees. (Cic..v
rld Faso. iv. 12, ~ 3; Tibull. iii. 2. 22; Suet. Ner.
33. 50; Martial, i. 89.)  The extent of the burying ground was marked by Cippi [CIPPus].  The'
name of Mlazasoleurz, which was originally the name
of the magnificent sepulchre erected by Artemisia
to the memory of IMausolus khing of Caria (Plin.    Tombs were of various sizes and forms, according
I-. N. xxxvi. 4. ~ 9, xxxv. 49; Gell. x.!8), to the wealth and taste of the owner. The folwas sometinmes given to any splendid tomb. (Suet.. lowing woodcut, which represents part of the street
Aug. 100; Paus. viii. 16. ~ 3.)  The open space of tombs at Pompeii, is taken from Mazois, Pornbefore a sepulchre was called forum [FORUAII, and peiana, part i. pl. 18.
ft's_'_   - X=+_
All these tombs were raised on a platform of between this tomb and the next, which bears no
masonry above the level of the footway.  The first inscription.  The last building on the left is the
building on the right hand is a funeral triclinium, tomb of Scaurus, which is ornamented with baswhich presents to the street a plain front about reliefs representing gladiatorial conlbats and the
twenty feet in length.  The next is the family  hunting of wild beasts.
tomb of Naevoleia Tyche; it consists of a square    The tombs of the Romans were ornamented
building, containing a sma ll chamber, and from the  in various ways, but they seldom represented death
level of the outer' wall steps rise, which support a  in  a direct manner.  (Muller, Archiol. dej
tnmarble cippus richly ornamented.  The burial- IKtnst, ~ 431; Lessing, Wie die Altoes deal 7od
ground of Nestacidius follows next, which is sur- gebildet hubee?) A  horse's head was one of the
rounded by a low wall;  next to which comes a most common representations of death, as it signimonument erected to the memory of C. Calventius fled departure; but we rarely meet with skeletons
Quietus.  The building is solid, and was not upon tombs.  The following woodcut, however,
therefore a place of burial, but only an honorary  which is taken from a bas-relief upon one of the
tomb.  The wall in front is scarcely four feet tombs of Pompeii, represents the skeleton of a
high, from which three steps lead up to a cippus. child lying on a heap of stones. The dress of the
The back rises into a pediment; and the extreme  female, who is stooping over it, is remarkable, and
height of the whole from  the footway is about is still preserved, according to Mazois, in the
seventeen feet.  An unoccupied space intervenes  country around Sora.  (Mazois, J'o?,p. i. pl. 29.)
00




S62                FUNUS.                                              FURCA.
honour of the deceased.  Thus at the funeral of
P. Licinius Crassus, who had been Pontifex Maximus, raw  meat was distributed to the people, a
hundred and twenty gladiators fought, and funeral
games were celebrated for three days; at the end, of which a public banquet was given in the forum.
(Liv. xxxix. 46.) Public feasts and funeral games
A  sepulchre, or any place in which a person  were sometimes given on the anniversary of funewas buried, was religiosus; all things which were  rals.  Faustus, the son of Sulla, exhibited in
left or belonged to the Dii Manes were religiosae;  honour of his father a show of gladiators several
those consecrated to the Dii Superi were called  years after his death, and gave a feast to the
Sacrae. (Gaius, ii. 46.)  Even the place in which  people, according to his father's testament.  (Dion
a slave was buried was considered religioses. (Dig.  Cass. xxxvii. 51; Cic. pro Sul. 1]9.)  At all ban11. tit. 7. s. 2.)  Whoever violated a sepulchre  quets in honour of the dead, the guests were dressed
was subject to an action termed sepaleri wvolati in white.  (Cic. c. Vatin. 13.)
actio. (Dig. 47. tit. 12; compare Cic; Tutsc. i. 12,    The Romans, like the Greeks, were accustomed
de Leg. ii. 22.)  Those who removed the bodies  to visit the tombs of their relatives at certain
or bones from the sepulchre were punished by death  periods, and to offer to them  sacrifices and various
or deportatio in insulam, according to their rank; gifts, which were called Inferiae and Parentalia.
if the sepullchre was violated in any other way,  The Romans appear to have regarded the Manes or
they were punished by deportatio, or condenna-  departed souls of their ancestors as gods; whence
tion to the mines.- (Dig. 47. tit. 12. s. 11.)  The  arose the practice of presenting to them oblations,
title in the Digest (11. tit. 7), "' De Religiosis et which consisted of victims, wine, milk, garlands of
Sumtibus Funerum,"  &c., also contains much curi-  flowers, and other things.  (Virg. Aen. v. 77, ix.
ouns information on the subject, and is well worth  215, x. 519; TacIt. Hist. ii. 95; Suet. Cal. 15;
perusal.                                           Ner. 57; Cic. Phil. i. 6.)  The tombs were someAfter the bones had been placed in the urn at times illuminated on these otca'sions with lamps.
the funeral, the friends returned home. They then  (Dig. 40. tit. 4. s. 44.)  In the latter end of the
underwent a further purification called sustio, month of February there was a festival, called
which consisted in being sprinkled with water and  Feralia, in which the Romans were accustomed to
stepping over a fire.  (Festus, s. v. Aqua et igni.)  carry food to the sepiilebies for the use of the dead.
The house itself -was also swept with a certain  (Festus, s. i.? Vatro, de Ling. Lat. vi. 13; Ovid,
kind of broom; which sweeping or purification was  Fast. ii. 56 —570   Cic. ad 2At. viii. 14.)
called exverrae, and the person who did it eeroria-    The konians,  like otirseives, were accustomed to
tor.  (Festus, s. vn.)  The Denicales Ferine were  wefar mourning for their deceased friends, which
also days set apart for the purification of the  appears to have been black or dark-blue (alca)
family.  (Festus, s. v.; Cic. de -Leg. ii. 22.)  The  Under the republic for both sexes.  (Serv. ad Virg.
mourning and solemnities connected with the dead  Acen. x1; 287.)  Under the empire the nlen con.
lasted for nine days after the funerald at the end of tinued to wear black in mourning (Juv. x. 245),
which time a sacrifice was performedm  c-tiled NVotee-  beut the women wore white. tHerodian. iv. 2.)
diale.  (Porphyr. ad Horat. LEpod. xvii. 48;)      They laid aside all kinds of ornaments (Herodiln.
A  feast was given in honour of the dead, but 1. c.; Terent. IeauZt. ii. 3. 47), and did not cut
it is uncertain on what day; it sometimes appears  either their hair or beard. (Suet. Jul. 67, Aeg. 23,
to have been given at the time of the funeral, some-  Cal. 24.)  Mien appear to have usuially worn their
times on the Novendiale, and sometimes later. moitrning fos only it few days (Dion ia s. Xlvi. 43),
The name of Silicerniuma was given to this feast but women for a year when they lost a husband or
(Festus, s. v?.); of which the etymology is un-  parent.  (Ovid, Fast iii. 184; Senec EPpist. 63,
known.  Among the tombs at Pompeii there is a  Consol. ad Hoelv. 16.)
funeral triclinium for the celebration of these feasts,    In a public mourningc on accouint of somne signal
which is represented in the annexed woodcut.  calamity, as for instance the loss of a battle or the
(Mazois, Pomp. i. pl. xx.)  It is open to the sky,  death of an empetoi, there was a total cessation
and the walls are ornamented by paintins of ani- fromr business, called Justitiltm. [JtJSTITnUMs.]  In
mals in the centre of compartments-  which have  a public mourning the senators did not wear the
borders of flowers. The triclinium is made of stone,  latus clavtis aind their rings (Liv. ix. 7), nor the
with a pedestal in the centre to receive the table.   magistrates ther hbadges of office.  (Tacit. Annz.
After the fuimneral of great men, there was, in ad- iii. 4.)
dition to the feast for the friends of the deceased,    (Meursius, de Funs e; Stackelberg, Die Griiber
a distribution of raw meat to the people, called  dle Iillece7z, Berlin, 1837; Kirchmann, de Funeri[Visceratio (Liv. viii. 22), and sometimes a public  bus Rolmanis;   Becker, Cliarildles, vol. ii. pp. 166banquet. (Suet. Juzl. 26.)  Combats of gladiators  210, Callus, vol. ii. pp. 271-301.)
and other games were also frequently exhibited in    FURCA, which properly means a fork, was also




FURTUM. -                                          FURTUM.                    5.63
the name of an instrument of punishment.  It was  Pandektei, &c. iii. p. 550.  See also Rein, Das
a piece of wood in the form of the letter A, which  Crinzinalh'echt der lomer, p. 304.
was placed upon the shoulders of the offender, whose    A person might commit furtuum  by aiding in a
hands were tied to it.  Slaves were frequently  furtum, as if a mlan should jostle you in order to
punaished in this way, and were obliged to carry  give another the opportunity of taking your money;
about the furca wherever they went (Donat. ad  or drive away your sheep or cattle in order that
Ter. Alndr. iii. 5. 12; Plut. Coriol 24; Plaut,  another might get possession of them: but if it
GCas. ii. 6. 37); whence the appellation of furc'fer  were done merely in a sportive way, and not with
was applied to a man as a term  of reproach. (Cic. a view of aiding in a theft, it was not furtum,
in Vatie. 6.)  The furca was used in the ancient though there might be in such case an actio ultilis
mode of capital punishment among the Romans; under the Lex Aquilia, which gave such an action
the criminal was tied to it, and then scourged to  even in the case of culpa. [DAMNUM.]
death. (Liv. i. 26; Suet. Nes. 49.) The patibulum    Furtum was either Manifestum or Nec Manifeswas also an instrument of punishment, resembling  tum.  It was clearly manifestum when the person
the furca; it appears to have been in the form of was caught in the act; but in various other cases
the letter l1. (Plaut. MJil. ii. 4. 7, llostell. i. 1. 53.)  there was a difference of opinion as to whether the
Both the furca and patibulum were also employed  furtum  was manifestum  or not.  Some were of
as crosses, to which criminals were nailed (infurca  opinion that it was furtum  manifestum  so long as
suspendere, Dig. 48. tit. 13. s. 6; tit. 19. s. 28. the thief was engaged in carrying the thing to the
~ 15; tit. 19. s. 38).  See Lipsius, de Cruce.    place to which he designed to carry it: and others
FU'RCIFER.  [FuRcA.]                            maintained that it was furtum manifestum  if the
FURIO'SUS.  [CURATOR.]                          thief was ever found with the stolen thing in his
FURNUS.  [FORNAX.1                              possession; but this opinion  did  not prevail.
FUROR.  [CURATOR.]                              (Gaius, iii. 184; Inst. 4. tit. 1: ~ 3.)  That which
FURTI ACTIO.  [FU RTVM.]                         was not iranifestum was nec manifestum.  Fnurtum
FURTUM, " theft," is one of the four kinds of conceptum and oblatum were not species of theft,
delictg which were the foundation of obligationes; but species of action.  It was called conceptumn
it is also called " crimen."  Moveable things only  furtuin when a stolen thing was sought and found.
could be the objects of furtum; for the fri'dulent in the presence of witnesses, in the possession of a
handling (contreeltatio fseacsdulosa) of a thing was  person, who, though he might not be the thief, was
furtum, and contrectatio is defined to be "loco  liabletoan action calledFurti Concepti.  If a man
movere."  But a man might commit theft without gave you a stolen thing, in order that it might be
carrying off another person's property,  Thlus it found (conciperetur) in your possession, rather than in
was furturn to use a thing which was deposited  his5 this was called Furtum Oblatum, and you had
(siepositum). It was also furtum  to use a thing  an action Furti Oblati against him, even if he was
which had been lent for use, in a way diffe ent not the thief.  There was also the action Prohibiti
from  that which the lender had agreed to; bist Furti against him  who prevented a person from
with this qualification, that the borrower must be-  searching for a stolen thing (furtzelm); for the
licve that he was doing it against the owner's con-  word furtum signifies both the act of theft and the
sent, and that the owner would not consent to such  thing stolen.
use if he was aware of it; for dolus malus was an    The punishment for furtum manifestumn  by the
essential ingredient in furtum.  Another requisite  law of the Twelve Tables was capitalis, that is, it
of furtum (Dig. 47. tit. 2. s. 1) is the-" lueri faciendi  affected the person's caput: a freeman who had
gratia," the intention of appropriating the property.  committed theft was flogged and consigned (addicIThis was otherwise expressed by saying that furtum  tus) to the injured person; but whether the thief
consisted in the intention (fuaturn ex affscts consistit;  became a slave in consequence of this addictio, or
or,sinze alctsujirandi noncoznittitur, Gains, ii. 50). an adjudicatus, was a matter in dispute among the
It was not necessary, in order to constitute furtum, ancient Romans. The Edict subsequently changed
that the thief should know whose property the thing  the penalty into an actio quadrupli, both in the case
was. A person who was in the power of another  of a slave and a freedman.  The penalty of the
might be the object of furtum. (Inst. 4. tit. i. ~ 9.)  Twelve Tables, in the case of a furtum nec maniA debtor might commit furtum  by taking a thing  festum, was duplnmn  and this was retained in the
which he had given as a pledge (pignoeri) to a cre-  Edict: in the case of the conceptumn and oblatum
ditor; or by taking his property whens in the pos- it was triplum, and this also was retained in the
session of a bmna fide possessor. Thaus there might Edict.  In the case of Prohibitum, the penalty was
be furtum either of a moveable thing itself, or of quadruplum, according to the provisions of the
tile use of a thing, or of the possession, as it is ex- Edict; for the law of the Twelve Tables had afpressed.  (Inst. 4. tit. 1. ~ 1.)                  fixed no penalty in this case, but merely enacted
The definition of furtum  in the Institutes is rei that if a man would search for stolen property, he
contrectatio fraudulosa, without the addition of the  must be naked all but a cloth round his middle,
word" alienae."  Accordingly the definition com-. and must hold a dish in his hand.  If he found
prises both the case of a man stealing the property  any thing, it was furtum  manifestum.  The abof another, and also the case of a man stealing his  surdity of the law, says Gains, is apparent; for if
own property, as when a man fraudulently takes a  a man would not let a person search in his ordinary
moveable thing, which is his property, from a per-  dress, much less would he allow him to search unson who has the legal possession of it.  This latter  dressed, when the penalty would be so much more
case is the " furtum possessionis."  The definition  severe if any thing was found.  (Compare Grimm,
in the Institutes is not intended as a classification  TVon der Poesie in Recist, Zeitschrift, vol. ii. p. 91.)
of theft into three distinct kinds, but only to show  The actio furti was given to all persons who had
by way of example the extent of the meaning of the  an interest in the preservation of the thing stolen
term Fartsszn. This is well explained by Vangerow,  (cd2jus interest Deas salvaers   esse), and the owner of
0oo 2




/i64               FURTUM.                                         FUSTUAR[UM.:a thing, therefore, had not necessarily this action.    The object of the furti actio was to get a penalty
A creditor might have this action even against the  as to the thing stolen the owner could recover it
owner of a thing pledged, if the owner was the  either by a vindicatio, which was available against
thief.  A person to whom a thing was delivered in  any possessor, whether the thief or another, or by
order to work upon it, as in the case of clothes  a condictio, which was available against the thief
given to a tailor to mend, could bring this action  or his heres, though he had not the possession.
*against the thief, and the owner could not, for the  (Inst. 4. tit. 1. ~ 19.)
owner had an action (locati) against the tailor.    The strictness of the old law  in the case of
But if the tailor was not a solvent person, the owner actions of theft was graduaily modified, as already
had his action against the thief, for in such case the  shown.  By the law  of the Twelve Tables, if
owner had an interest in the preservation of the  theft (/firtemo) was committed in the night, the
thing.  The rule was the same in the case of cornm-  thief, if caught in the act, might be killed: and
mnodatum [COMMODIATTJM].  But in a case of de-  he might also be killed in the daytime, if he was
positum, the depositee was under no obligation for caught in the act and defended himself with anly
the safe custody of the thing (custodiam praestare), kind of a weapon (telurn); if he did not so defend
and he was under no liability except in the case of himself, he was whipped and became addictus, if
dolus; consequently, if the deposited thing was  a freeman (as above stated); and if a slave, he
stolen, the owner alone had the actio furti.  A   was whipped and thrown down a precipice.
-bona fide purchaser might have the actio furti,    The following are peculiar kinds of actiones
even if the thing had not been delivered to him, furti: (1) Actio de tigno juncto, against a person
and he were consequently not dominns.              who employed another person's timber in his
An impubes might commit theft (obligateur rimzine building; (2) Actio arborum  furtim caesarum,
f~t'ri), if he was bordering on the age of puberty, against a person who secretly cut wood on another
and consequently of sufficient capacity to under- person's ground; (3) Actio fuirti adversus nautas
stand what he was doing.  If a person who was  et caupones, against nautae and caupones [EXERin the power of another committed furtum, the  CITOR], who were liable for the acts of the men in
actio furti was against the latter.                their employment.
The right of action died with the offending per-    There were two cases in which a bona fide posonll.  If a peregrinus committed furtum, he was  sessor of another person's property could not obtain.made liable to an action by the fiction of his being  the ownership by usucapion; and one of them was
a Roman citizen (Gaius, iv. 37); and by the same  the case of a res furtiva, which was provided for
fiction he had a right of action, if his property  in the Twelve Tables.  The Roman Law as to
was stolen.                                        Furttnm underwent changes, as appears from what
He who took the property of another by force  has been said; and the subject requires to be
was guilty of theft; but in the case of this delict, treated historically in order to be fully understood.
the praetor gave a special action Vi bonorum  rap-  The work of Rein (Das Criminialrecht dew R'ime-r)
torum.  The origin of the action Vi bonorum rap- contains a complete view of the matter.
torum is referred by Cicero to the time of the civil   (Gaiss, iii. 183-209, iv. 1; Gellius, xi. 18;
wars, when men had become accustomed to acts of Dig. 47. tit. 2; Inst. 4. tit. 1; Dirksen, Ueberviolence and to the use of arms against one another. sicht, &c, pp. 564-594; Heinec. SynZtaCg. ed. HauAccordingly, the Edict was  originally directed  bold; Rein, Das Runm. Privatrecht, p. 345; Rein,
against those who with bodies of armed men  Das Criminali'echt der Rirmer, p. 293.)  [G. L.]
(homis2ibuts armaztis coactisque) did injury to the    FUISCINA (rpiaoia),a trident; more commonly
property of another or carried it off (quid aut called tridens, meaning tridens stimulus, because it
rapuerint aut damni dederfint).  With the estab- was originally a three-pronged goad, used to incite
Jishment of order under the empire the prohibition  horses to greater swiftness. Neptune was supposed
against the use of arms was less needed, and the  to be armed with it when he drove his chariot, and
word arnmatis is not contained in the Edict as cited  it thus became his usual attribute, perhaps with an
in the Digest (47. tit. 8).  The application of the  allusion also to the use of the same instrument in
Edict would however have still been very limited, harpooning fish.  It is represented in the cut onl
if it had been confined to cases where numbers  p. 276.  (HIom. II. xii. 27, Od. iv. 506, v. 292;
were engaged in the violence or robbery; and ac-  Virg. Georg. i. 13, Aen. i. 138, 145, ii. 610
cordingly the jurists discovered that the Edict,  Cic. tde NAot. Deor. i. 36; Philost. Inzcg. ii. 14.)
when properly understood, applied also to the case  The trident was also attributed to Nereus (Virg.
of a single person committing damnumn or carrying yIen, ii. 418) and to the Tritons.  (Cic. de Nat.
off property.  Originally the Edict comprehended  Deor. ii. 35; Mart. Spect. xxvi. 3.)
both damnum and bona rapta, and, indeed, damnum      In the  contests of gladiators the Retisarius was
which was effected vi homninibus armatis coac- armed with a trident.  (Juv. ii. 148, viii. 203.)
tisque, was tha/t kind of violence to the repression  [GLADIATOR.]                        [J. Y.]
of which the Edict was at first mainly directed.    FUSTUA'RIUM  (uXoico-,ria) was a capital
Under the empire the reasons for this part of the  punishment inflicted upon the Roman soldiers foi
Edict ceased, and thus we see that in Ulpian's  desertion, theft, and similar crimes,   It was adtime the action was simply called " vi bonorum  iministered in the following mannerl -  When a
raptornm."  In the Institutes and Code the action  soldier was condemned, the tribune touched hiim
applies to robbery only, and there is no trace of the  slightly with a stick, upon which:all the soldiers ot
other part:ofthe Edict. This illstructive illustration  the legion fell upon him with sticlks and stories,
of the gradual adaptation, even of the Edictal law, and generally killed him upon the spot.  If howyto circumstances is given by Savigny (Zeitschrif?, ever he escaped, for he was allowed to fly, he cou'd
vol. v. Ueber Cicero Pro Tullio und die Actio vi bo- not return to his native country, nor did-any of his
norum Raptorum), who has also given the masterly  relatives dare to receive him into  their houses.
emendation of Dig. 47. tit. 8. s. 2, ~ 7, by Ieise.  (Polyb. vi. 37; compare Liv. v. 6.)  This punish



FUSUS.                                            (A. LEA.                 565
ment continued to be inflicted in the later times of woodcut is taken fioml a series of bas-reliefs reprethe republic (Cic. Philip. iii. 6), and under the  senting the arts of Mlinerva upon a frieze of the
empire. (Tacit. Ann. iii. 21.)                     Forum  Palladium  at Rome.  It shows the operaDifferent from the ftstuarium was the animad-  tion of spinning, at the moment when the woman
versio fustium, which was a corporal punishment has drawn out a sufficient length of yarn to twist
inflicted under the emperors upon free men, but it by whirling the spindle with her right thumb and
only those of the lower orders (tenuiores, Dig. 48. fore-finger, and previously to the act of taking it
tit. 19. s. 28. ~ 2).  It was a less severe punish- out of the slit to wind it upon the bobbin (,7r'iov)
ment than the flogging with flagella, which punish-  already formed.
ment was confined to slaves.  (Dig. 48. tit. 19.    The distaff was about three times the length of
s. 10; 47. tit. 10. s. 45.)  [FLAGRUM.]            the spindle, strong and thick in proportion, comFUSUS (&"rparKTOS), the spindle, was always, monly either a stick or a reed, with an expansion
when in use, accompanied by the distaff (coelts, near the top for holding the ball.  It was someiJaKs7'rm1), as an indisputable part of the same  times of richer materials and ornamented.  Theo
apparatus.  (Ovid, Met. iv. 220-229.) The wool, critus has left a. poem  (Ieyll. xxviii.) written on
fla;x, or other material, having been prepared for sending   an ivory distaff to the wife of a friend.
spinning, and having sometimes been dyed (islev-  Golden spindles were sent as presents to ladies oi
(pEs epos eXovoUa, Hom. Od. iv. 135), was rolled  high rank (Hom. Od. iv. 131; Herod. iv. 162);
into a ball (roXAhri, glomus, Hor. Epist. i. 13. 14; and a golden distaff is attributed by Homer and
Ovid, ilet. vi. 19), which was, however, sufficiently  Pindar to goddesses, and other females of remarkloose to allow the fibres to be easily drawn out by  able dignity, who are called XpOvriKXdaarot.
the hand of the spinner.  The upper part of the    It was usual to have a basket to hold the disdistaff was then inserted into this mass of flax or taff and spindle, with the balls of wool prepared
wool (colus comta, Plin. I. V. viii. 74), and the  for spinning, and the bobbins already spun. (Brunck,
lower part was held in the left hand under the left Anal. ii. 12; Ovid, Mlet. iv. 10.) [CALATHUS.]
arm in such a position as was most convenient for    In the rural districts of Italy women were forconducting the operation.  The fibres were drawn  bidden to spin when they were travelling on foot,
out, and at the same time spirally twisted, chiefly  the act being considered of evil omen. (Plin. H. VN.
by the use of the fore-finger and thumb of the right xxviii. 5.)  The distaff and spindle, with the wool
hand. (8aK7'rkosL fAt.6eo, Eurip. Orest. 1414;pollice  and thread upon them, were carried in bridal prodocto, Claud. de Prob. Cons. 177); and the thread  cessions; and, without the wool and thread, they
(filum, stamnen, svua) so produced was wound upon  were often suspended by females as offerings of rethe spindle until the quantity was as great as it ligious gratitude, especially in old age, or on relinwould carry.                                       quishing the constant use of them.  (Plin. H. N.
The spindle was a stick, 10 or 12 inches long, viii. 74.) [DoNARIA.] They were most frequently
having at the top a slit or catch (dens, 6tKiy 7rpov)  dedicated to Pallas, the patroness of spinning, and
in which the thread was fixed, so that the weight of the arts connected with it.  This goddess was
of the spindle might continually carry down the  herself rudely sculptured with a distaff and spindle
thread as it was formed.  Its lower extremity was  in the Trojan Palladium.  (Apollod. iii. 12. 3.)
inserted into a small wheel called the whorl (eor-  They were also exhibited in the representations of
ticelum), made of wood, stone, or metal (see wood- the three Fates, who were conceived, by their spincut), the use of which was to keep the spindle  ning, to determine the life of every man; and at
more steady and to promote its rotation: for the  the same time by singing, as females usually did
whilst they sat together at their work, to predict
his future lot.  (Catull. 1. c.)       [J. Y.]
GABINUS CINCTUS.  [TOGA.]
GAESUM.  [HASTA.]
GA'LEA (icpa'os,poet. tpuvs, 7rmXArl), a helmet;
a casque.  The helmet was origiaally made of skin
or leather, whence is supposed to have arisen its
appellation, tKvve7, meaning properly a helmet of
dog-skin, but applied to caps or helmets made of
~ri / /      a        <<-<the hide of other animals (TnaupsF, IcTr8' l, Hoes.
II. x. 258, 335; atiyehl, Od. xxiv. 230; Herod.
vii. 77; compare Kpavrd aocSrwna, Xen. Anab. v. 4.
~ 13; ctlea lupina, Prop. iv. 11. 19), and even to
those which were entirely of bronze or iron (7rdy.
XaAKos, Od. xviii. 377).  The leathern basis of
spinner, who was commonly a female, every now  the helmnet was also very commonly strengthened
and then twirled round the spindle with her righit and adorned by the addition of either bronze or
hand (Herod. v. 12; Ovid. Mlet. vi. 22), so as to  gold, which is expressed by such epithets as XaXtwist the thread still more completely; anld when- K*pXss, evXanXos, XpUvEslnI, Helmets which had a
ever, by its continual prolongation, it let down the  metallic basis (.pcpvdo  XaxKca,'Xen. Anab. i. 2. ~
spindle to the ground, she took it out of the slit,  16) were ill Latin properly called cassides (Isid.
wound it upon the spindle, and, having replaced it Orig. xviii. 14; Tacit. Germ. 6; Caesar, B. G. iii.
in the slit, drew out and twisted another length. 45), although the terms galea and cassis are often
All these circumstances are mentioned in detail by  confounded.  A  casque (cassis) found at Pompeii
Catullus (Lxiv. 305- 319).   The accompanying   is preseved   ill the collection at Goodrich Colurt,
003




r66                 GALEA.                                              GALLT.
Herefordshire. (Skelton, Engraved Illust. i. pl. 44.)  worn in the middle a(ges, have been found at Pom.
The perforations for the lining and exterior border  peii. See the wood cut to G.LADIATORES.
are visible along its edge.,A side and a front    The five following  helnets are selected from anview of it are presented in the annexed woodcut. tique gems, and are engraved of the size of the
originals.                             [J. Y.]
Two casques very like this were fished up from the
bed of the Alpheus, near Olympia, and are in the
possession of Mr. Hamilton.   (Dodwell, Tour,
vol. ii, p. 330.)  Among the materials used for
the lining of helmets were felt ('7rXos, Horm. It.
x. 265) and sponge.  (Aristot. H. A. v. 16.)
The helmet, especially that of skin or leather,
was sometimes a mere cap conformed to the shape    GALERI'CULUM.  [GALERUS.]
of the head, without either crest or any other orna-    GALE'RUS or GALE'RUM, was originally
ment (&apaXo', re Ta K  XAopo,, Il. x. 358). In this  a covering for the head worn by priests, espestate it was probably used in hunting (gale es zen-  cially by the flamen  dialis (Gell. x. 1 5; Serv. ad
toria, C. Nep. Dat. iii. 2.), and was called scara?-  Virg. Aen. ii. 683).  It appears to have been a.rvu  (Hom. II. 1. c.), in Latin Cu.Do.  The pre- round cap made of leather, with its top ending in
ceding woodcut shows an example of it as worn by`an apex or point. [See cut on p. 102.] The word is
Diomede in a small Greek bronze, which is also ins  probably connected withynlea, a helmet. In course
the collection at Goodrich Court.  (Skelton, 1. c.)  of time the name was applied to any kind of cap
The additions by which the external appearance of fitting close to the head like a helmet. (Virg. Aenz.
the helmet was varied, and which served both for vii. 688; Virg. llMoret. 121; Suet. Ner. 26.) Galesrus
ornament and protection, were the following:-      and its diminutive Gacleicullur are also used to
1. Bosses or plates, proceeding either from the  signify a covering for the head made of hair, and
top ((dpXos, Hom.  ii. iii. 362) or the sides, and  hence a wig. (Juv. Sat. vi. 120, with the Schol.;
varyisng in nmnber from  one to folur  (&/qicpaXos, Suet. Otls. 12; Mart. xiv. 50.)
rL&dXAos, IIom. II. v. 743, xi. 41; Eustath. ad loc.;    GALLI, the priests of Cybele, whose worship
~rTepdUpaXos, I1. xii. 384).  It is however very  was introduced at Rome from Phrygia, in B.C. 204.
doubtful what part of the helmet the (pdXos was.  (Liv. xxix. 10, 14, xxxvi. 36.)  The Galli were,
Buttmann thought that it was what was after-  according to an ancient custom, always castrated
wards called the ccvos,9 that is, a metal ridge in  (spadones, semi7smres, seziviiri, nec viri necfeeminae),
which the plume -was fixed; but Liddell and Scott and it would seem that impelled by religious fana(Lex. s. v.) maintain with more probability that ticism they performed this operation on themselves.
the (pdaos was the shade or fore-piece of the helmet;  (Juv. vi. 512, &c.; Ovid, Fast. iv. 237;, MartiaI,
and that an al&~idpaXoe helmet was one that had a  iii. 81, xi. 74; Plin. H. N. xi. 49.)   In their
like projection behind as well as before, such as  wild, enthusiastic, and boisterous rites, they remay be seen in the representations of many ancient sembled the Corybantes (Lucan. i. 565, &c.;
helmets.                                           compare HILARIA), and even went further, in as
2. The helmet thus adorned was very commonly  much, as in their fury, they mutilated their own
surmounted by the crest (erista, XA6(os, Hom. II. bodies. (Propert. ii. 18. 15.)  They seem  to have
xxii. 316), which was often'of horse-hair ('1rr7rovp s, been always chosen from a poor and despised class
7r7roe ceim,   HoBm. 11. cc.;,lpmwav iOeepam, Theocr. of people, for while no other priests were allowed to
xxii. 186; hirssuta juba, Propert. iv. 11. 19), and  beg, the Galli (.famu7i Idaeae ncstris) were allowed
made so as to look imposing and terrible (Hom. II, to do so on certain days. (Cic. de Leg. ii. 9 and
iii. 337; Virg. Aen. viii. 620), as well as hand-  16.)  The chief priest among them was called arsome.  (Ib. ix. 365; e;Xospos, Heliod. Aetl. vii.) ehigallus.  (Servius, ad Aen. ix. 116.)  The origin
The helmet often had two or even three crests. of the name of Galli is uncertain: according to
(Aesch. Sep. c. Theb. 384.)  In the Roman army  Festus (s. v.), Ovid (Fast. iv. 363), and others, it
of later times the crest served not only for orna-  was derived from the river Gallus in Phlrygia,
ment, but also to distinguish the different cente-  which flowed near the temple of Cybele, and the
rions, each of whom wore a casque of a peculiar  water of which was fabled to put those persolls
form and appearance.  (Veget. ii. 13.)             who drank of it into such a state of madness, that
3. The two cheek-pieces (buceulae, Juv. x. 134; they castrated themselves. (Compare Plin. AI. A.
7rapa-yvaOGies, Eustath. in It. v. 743), which were  v. 32, xi. 40, xxxi. 2; Herodian. 11.)  The supattached to the helmet by hinges, so as to be lifted  position of Hieronymus (Casp. Oseae, 4) that Galli
up and down.  They had buttons or ties at their  was the name of the Gauls, which had been given
extremities for fastening the helmet on the head. to these priests by the Romans in order to show
(Val. Flace. vi. 626.)                            their contempt of that nation, is unfounded, as the
4. The beaver, or visor, a peculiar form of which  Romans must have received the name from Asia,
is supposed to have been the abXcmr-s Trpv(pd&XEa, or from the Greeks, by whom, as Suidas (s. v.) ini. e. the perforated beaver.  (Hom. II. xi. 353.)  forms us, Gallus was used as a common noun in
The gladiators wore helmets of this kind (Jutv. the sense of eunuch.  There exists a verb gaclire,
viii. 203), and specillens of them, not unlike those  which signifies to- rage (i.esaLure, bacc/ztari), a-id




GENIUS.                                              GENS.                     6.67
which occurs in one of the fragments of Varro    GENOS (yIvos).  [TRIBUS, GREEc.]
(p. 273, ed. Bip.) and ill the Antholog. Lat. vol. i.    GENS.  This word contains the same element
p. 34, ed. Burmann.                    [L. S.]    as the Latin gcn,us, and gi ayno, and as the Greek
GAME'LIA (?yaelX1Xa). The demes and phra-?yE',,os, yT-y,-^oual, &c., and it primarily signifies
tries of Attica possessed various means to prevent  kin.  But the word has numerous significations,
intruders from  assuming the rights of citizens. which have either a very remote connection with
Among other regulations it was ordained that every  this its primary notion, or perhaps none at all.
bride, previous to her marriage, should be intro-    Gens sometimes signifies a whole political comduced by her parents or guardians to the phratria  munity, as CGens Latinorum, Gens Campanorum,
of her husband (yafn7laX i' vdrEp yvuaeiois Ele4pesv,  &c. (Juv. Sat. viii. 239, and Heinrich's note);
Isaeus, de Pyrrh. Haered. pp. 62, 65, &c.; de Ciron.  though it is probable that in this application of the
Ilaered. p. 208; Demosth. c. Eubul. p. 1312 and  term, the notion of a distinction of race or stock
1320).  This introduction of the young women  is implied, or at least the notion of a totality of
was accompanied by presents to their new phratores, persons distinguished from other totalities by samewhich were called yaX7lAa,  (Suidas, s. v.; Schol. ness of language, community of law, and increase
ad Dens. c. Enzbul. p. 1312.)  The women were  of their numbers among themselves only.  Cicero
enrolled in the lists of the phratries, and this enrol-  (pro BaZbo, c. 13) speaks of " Gentes universae in
ment was also called -yalcjX'a.  The presents seem   civitatem receptae, ut Sabinorum, Volscorum, Herto have consisted in a feast given to the phratores, nicorum."  It is a consequence of such meaning of
and the phratores in return made some offerings to  Gens, rather than an independent meaning, that
the gods on behalf of the young bride.  (Pollux,  the word is sometimes used to express a people
iii. 3, viii. 9, 28.)  The acceptance of the presents  simply with reference to their territorial limits.
and the permission to enroll the bride in the registers    The meaning of the word in the expression Jus
of the phratria, was equivalent to a declaration that Gentium is explained under Jus.
she was considered a true citizen, and that conse-    The words Gens and Gentiles have a special
quently her children would have legitimate claims  mneaning in the system of the Roman law and in
to all the rights and privileges of citizens.  (Herin. the Roman constitution.  Cicero (Top. 6) has preLehl. d. griech. Staatsalt. ~ 100. n. 1.)   -      served a definition of Gentiles which was given by
rayc-rjlia was also the name of a sacrifice offered  Scaevola, the pontifex, and which, with reference
to Athena on the day previous to the marriage of a  to the time, must be considered complete.  Those
girl.  She was taken by her parents to the temple  were Gentiles, according to Scaevola, (1) who bore
of the goddess in the Acropolis, where the offerings  the same name, (2) who were born of freemen
were made on herbehalf. (Suidas, s.. npoTeAela.)  (ingenui), (3) none of whose ancestors had been a
The plural, eyaeoXita, was used to express wed-  slave, and (4) who had suffered no capitis diminuding solemnities in general. (Lycophron, ap..Ely7n. tio.  This definition contains nothing which shows
ll. s. v.)                              [L. S.]    a common bond of union among gentiles, except
GAMOS (?ya'dos).  [MATRIluoNIUA.]               the possession of a common name; but those who
GAtMORI.  [GEoMama.]                             had a common name were not gentiles, if the three
GA'NEA.  [CAJPONA, p. 259, a.]                   other conditions, contained in this definition, were
GAUSAPA, GAUSAPE, or GAUSAPUM,  not applicable to them.  There is also a definition
a kind of thick cloth, which was on one side Yery  of gentilis by Festus:-" That is called Gens
woolly, and was mused to cover tables (Horat. Sat.  Aelia  which is composed (conficitur) of many
ii. 1-1; Lucil. ap. Priscian. ix. 870), beds (Mart. familiae.  Gentilis is both one who is of the same
xiv. 147), and by persons to  wrap themselves up  stock (eyenss), and one who is called by the same
after taking a bath (Petron. 28), or in general to  name (simLili nonsmie) i, as Cincius says, those are
protect themselves against rain and cold. (Seneca, my gentiles who are called by my name."
Epist. 53.)  It was worn by men as well as women.    We cannot conclude any thing more from the
(Ovid, Ars Anmat. ii. 300.)  It came in use among  conficitur of Festus than that a Gens contained
the Romans about the time of Augustus (Plin. several familiae, or that several farriliae were comH. N. viii. 48), and the wealthier Romans had it prehended under one Gens.  According to the
made of the finest wool, and mostly of a purple  definition, persons of the same gents (kin) were
colour.  The gausapnm seems, however, sometimes  gentiles, and also persons of the same name were
to have been made of linen, but its peculiarity of gentiles.  If Festus meant to say that all persons
having one side more woolly than the other always  of the same genus and all persons of the same
remained the same. (Mart. xiv. 138.) As Martial  name were gentiles, his statement is inconsistent
(xiv. 152) calls it gausapa qaadrata, we have
reason to suppose that, like the Scotch plaid, it was    *' Gentilis dicitur et ex eodem genere ortus, et
always, for whatever purpose it might be used, a  is qui simili nomine appellatur."  The second et is
square or oblong piece of cloth,  (See Bittiger,  sometimes read t,which is manifestly not the right
Sabina, ii. p. 102.)                               reading, as the context shows.  Besides, if the
The word gausapa is also sometimes eused to de-  words "1 ut is. qui simili nomine appellatur," are to
signate a thick wig, such as was made of the hair  be taken as. an illustration of "ex eodem genera
of Germans, and worn by the fashionable people  ortus," as they must be if ut is the true reading,
at Rome at the time of the emperors.  (Pers. Slt.  then the notion of a eaotnoon eamne is viewed as of
vi. 46.) Persius (Sat. iv. 38) also applies the word  necessity being contained in the notion of conmmon
in a figurative sense to a full beard.  [L. S.]    kin, whereas there may be common kin without
GELEONTES.  [TRaBus, GREEuK.]                    commnnon name, and common name without common
GELOTOPOII (yeAoo7roeooi0)  [PARAsIm1']    kin.  Thus neither does common name include all
GENE'SIA.  [FUNvs, p. 558, a.]                   comnmon kin, nor does common kin include all comrn
GE'NIUS.  See Diet. of GrC and Rown. Bio-  mon name; y-t each includes sometlhing that the.qrpalyy./.                                         other includes.
o  4




SG6                 GENS.                                               GENS.
with the definition of the Ponitifex; for persons  the hereditas, at one period atleast, must have been.
might be of the same genus, and might have sus- a benefit to the members of the gens: Caesar is
tained a capitis diminutio either by adoption or said (Sueton. Jul. 1) to have been deprived of his
adrogation, or by emancipation: in all these cases gentilitiae hereditates.
the genus would remain, for the natural relation —   In determining that the property of intestates
ship was not affected by any change in the juris- should ultimately belong to the gens, the law of
tical condition of a person; in the cases of adoption  the Twelve Tables was only providing for a case
and adrogation the name would be lost: in the case  which in every civilized country -is provided for by
of emancipation it would be retained.  If the defi- some positive law; that is, the law finds some rule as
nition of Festus means that among those of the  to the disposition of the property of a person who dies
same genus there mafy be gentiles; and among' without having disposed of it or leaving those whom
those of the same name, gentiles may also be in- the law recognizes as immediately entitled to it in
cluded, his definition is true; but neither part of case there is no disposition.  The gens had thus a
the definition is absolutely true, nor, if both parts relation to the gentiles, similar to that which subare taken together, is the whole definition abso- sists in modern states between the sovereign power
lutely true.  It seems as if;the definition of gentiles and persons dying intestate and without heirs or
was a matter of some difficulty; for while the pos- next of kin.  The mode in which such a succession
session of a common name was the simplest general was applied by the gens was probably not detercharacteristic of gentilitas, there were other condi- mined by law; and as the gens was a kind of
tions which were equally essential.               juristical person, analogous to the community of a
The name of the gens was generally characterised  civitas, it seems not unlikely that originally inherit.
by the termination cia or ia, -as Julia, Cornelia, ances accrued to the gens as suchaI, and were comValeria.                                          mon property.  The gens must have had some
When a man died intestate and -Without agnati, eommon  property, such as sacella, &c.  It would
his familia [FAMILIA] by the law of the Twelve  be no difficult transition to imagine, that what
Tables came to the gentiles; and -in'the case of a  originally belonged to the gens as such, was in the
lunatic (furiosus) who had no guardians, the guar- course of time distributed'among the members,
dianship of the lunatic and his'property belonged'which would easily take place when the familiae
to the agnati and to the gentiles; to the latter, we  included in a gens were reduced to a small number.
may presume, in case the former did not exist.       There were certain sacred rites (sacra- gentilitia)
Accordingly, one part of the jus gentilitimn or which belongas  to a gens, to the observance of
jus gentilitatis related to successions to the pro- which all the members of a gens, as such, were
perty of intestates, who had no agnati.  A notable  bound, whether they  were members by birth,
example of a dispute on this subject between the  adoption, or adrogation.  A person was freed from
Claudii and Marcelli is mentioned in a difficult the observance of such sacra, and lost the privileges
passage of Cicero (de Orat. i. 39).  The Marcellki connected with his gentile rights, when he lost his
claimed the inheritance of an intestate son of one gens, that is, when he was adrogated, adopted, or
of the liberti or freedmen of their familia (stripe); even emancipated; for adrogation, adoption, and
the Claudii claimed the same by the gentile rights  emancipation were accompanied  by a diminutio
(gnete).  The Marcelli were plebeiaIns and be- capifis.
longed to the patrician Claudia gens.  Niebuhr    When the adoption was from one familia into:
observes that this claiml of the Claudii is incon- another of the same gens, the name of the gens was
sistent with Cicero's defillition, according to which  still retained; and when a son was emancipated,
no descendant of a freedman could be a gentilis; the name of the gens was still retained; and yet
and he concludes that Cicero (that is Scaevola) in both these cases, if we adopt the definition of
nmust have been rnistaken in this part of his defi- Scaevola, the adopted and emancipated persons lost
nition.  But it must be observed though the  the gentile rights, though they were also freed from
descendants of freedmen might have no claim  as the gentile burdens (sEaca).  In the case of adopgentiles, the members of a genas might as such  tion and adrogation, the adopted and adrogated
have claims against them; mad'in this sense the  person who passed into a familia of anothergens,
descendants of freedmen might be gentiles.  It must have passed ineto the gens of such familia,
would seem  as if the Marcelli uniited to defend  and so must have acquired the rights of that gens.
their supposed pational rights to the inheritance  Such a person had sustained a capitis diminutio,
of the sons of freedmen against the claims of the  and its effect was to destroy his former gentile
gens; for the law of the Twelve:lables gave the  eights, together with the rights of agnation.  The
inheritunce of a freedmane only, who died intestate  gentile rights were in fact implied in the rights of
and without heirs, to his patron, and not the in- agnation, if the pater-familias had a gens.  Conseheritance of the son of a freedman.  The question  quently he who obtained by adrogation or adoption
might be this: whether the law, in the case sup- the rights of agnation, obtained also the gentile
posed, gave the hereditas to the gens as having a  rights of his adopted father.  In the case of adroright paramount to the patronal right.  It may be gation, the adrogated person renounced his gens at
that the Marcelli, as being included in theClaudia  the Comitia Curiata, which solemnity might also
gens, were supposed to have imerged their patronal be expressed by the term " sacra detestari," for
rights (if they really existed in the case ii dispute)  sacra and gens are often synonymous.  Thus, in
in those of the gens.  Whether as members of the  such case, adrogatio, on the part of the adoptive
gens, the plebeian Marcelli would take as gentiles  father, corresponded to detestatio sacrorum on the
what they lost as patroni, may be doubted.        part of the adrogated son.  This detestatio sacroIt is generally said or supposed that the here- rum is probably the same thing as the sacrorumn
ditas which came to a gens was divided among the  alienatio mentioned by Cicero (Orator, c. 42).  It
gentiles, which nmust meanl the heads of fainiliae. was the duty of the pontifices to look after the due
This may be so; at least we must conceive that observation of the gentile sacra, and to see that




GENS.                                              GENS.                   569:
they were not lost. (Pro Domo, c. 13, &c.)  ECch  may hlave given a common name to the gentiles;
gens seems to have had its peculiar place (sacellumn)  and indeed there seems nothing more strange in all
for the celebration of the sacra gentilitia, which  the gentiles having a common name, than there
were performed at stated times.  The sacra genti- being a common name for all the members of a
litia, as already observed, were a burden on the  curia and a tribe.
members of a gens as such. The sacra privata were    As the gentes were subdivisions of the three
a charge on the property of an individual; the two  ancient tribes, the populus (in the ancient sense)
kinds of sacra were thus quite distinct.           alone had gentes, so that to be a patrician and to
According to Dionysius (Antiq. Rom. ii. 7), the  have a gens were synonymous; and thus we find
curiae were respectively subdivided into Decades; the expressions gens and patricii constantly united.
and Niebuhr argues that Decades and Gentes were  Yet it appears, as in the case already cited, that
the same.  Accordingly each of the three tribes  some gentes contained plebeian familiae, which it
contained ten curiae and 100 gentes; and the  is conjectured had their origin ill marriages bethree tribes contained 300 gentes.  Now if there  tween patricians and plebeians before there was
is any truth in the tradition of this original dis- connubiun  between them.  When the lex was
tribution of the population into tribes, curiae and  carried which established connubium between the
gentes, it follows that there was no necessary kin- plebs and the patres, it was alleged that this
ship among those families which belonged to a  measure would confound the gentile rights (jinra
gens, any more than among those families which  gtetium, Liv. iv. 1).  Before this connubium exbelonged to one curia.                             isted, if a gentilis  married  a woman  not a
We know nothing historically of the organisa- gentilis, it followed that the children could not
tion of civil society, but we know that many new  be gentiles; yet they might retain the gentile
political bodies have been organised out of the  name, and thus, in a sense, the family might
materials of existing political bodies.  It is useless  be gentiles without the gentile privileges.  Such
to conjecture what was the original organisation of marriages would in effect introduce confusion;
the Roman state.  We must take the tradition as and it does nlot appear how this would be increased
it has come down to us.  The tradition is not, that by giving to a marriage between a gentile man,
familiae related by blood were formed into gentes, and a woman not gentilis, the legal character of
that these gentes were formed into curiae, that these  connubium; the effect of the legal change was to
curiae were formed into tribes.  Such a tradition  give the children the gentilitas of their father.  It
would contain its own refutation, for it involves is sometimes said that the effect of this lex was to
the notion of the construction of a body politic  give the gentile rights to the plebs, which is an
by the aggregation of families into unities, and by  absurdity; for, according to the expression of Livy
further combinations of these new unities. The tra-  (iv. 4), which is conformable to a strict principle
dition is of three fundamental parts (in whatever  of Roman law, " patrem sequnntur liberi," and the
manner formed), and of the divisions of them into  children of a plebeian man could only be plebeian.
smaller parts. The smallest political division is gens. Before the passing of this lex, it may be inferred
No further division is made, and thus of necessity, that if a patrician woman married out of her gens
when we come to consider the component parts of (e gente, e patribus enupsit) it was no marriage at
gens, we come to consider the individuals com- all, and that the children of such marriage were
prised in it or the heads of families.  According to  not in the power of their father, and, it seems a
the fundamental principles of Roman law, the in- necessary consequence, not Roman citizens.  The
dividuals arrange themselves into familiae under effect would be the same, according to the strict
their respective patres-familiae.  It follows, that if principles of Roman law, if a plebeian married a
the distribution of the people was effected by a  patrician woman, before there was connubium bedivision of the larger into smaller parts, there could  tween them; for if there was no connubium, there
be no necessary kin among the familiae of a gens; was no legal marriage, and the offspring were not
for kinship among all the members of a gens could  citizens, which is the thing complained of by
only be effected by selecting kindred familiae, and  Canuleius. (Liv. iv. 4.)  It does not appear then
formingi them  into a gens.  If the gens was the  how such marriages will account for plebeian famiresult of subdivision, the kinship of the original liae being contained in patrician gentes, unless we
members of such gene, whenever it existed, must suppose that when the children of a gentile man
have been accidental.                              and a plebeian woman took the name of the father,
There is no proof that the Romans considered  and followed the condition of the mother, they
that there was kinship among the familiae origin-  were in some way or other, not easy to explain,
ally included in a gens.  Yet as kinship was evi- considered as citizens and plebeians.  But if this
dence of the rights of agnatio, and consequently  be so, what would be the status of the children of
of gentile rights, when there had been nl  capitis a patrician woman by a plebeian man?
diminutio, it is easy to see how that which was    Niebuhr assumes that the members of the gens
evidence of the rights of agnatio, and consequently  (gentiles) were  bound to assist their indigent
of gentile rights, might be viewed as part of the  fellows in bearing extraordinary burdens; but this
definition of gentilis, and be sob extended as to  assertion is founded on the interpretation given to
comprehend a supposed kinship among the original  the words T-oVs  yEveL 7rpoo'Posr'Tas of Dionysius
members of the gens.  The word gens itself would  (ii. 10), which have a simpler and more obvious
also favour such a supposition, especially as the  meaning.  Whatever probability there may be in
word genets seems to be often used in the same  the assumption of Niebuhr, as founded on the
sense.  (Cic. pro Balbo, c. 14.)  This notion of passage above cited, and one or two other paskinship appears also to be confirmed by the fact of sages, it cannot be considered as a thing demonthe members of the gens being distinguished by a  strated.
common name, as Cornelia, Julia, &c.  But many    A  hundred new members were added to the
circumstances, besides that of a common origin, senate by the first Tarquin.  These were the re



570                  GENS.                                           GEOMORI.
presentatives of the Luceres, the third and inferior    It is probable that even in the time of Cicero
tribe; and they were called Patres Minorum gen. the proper notion of a gens and its rights were ill
tium (Liv. i. 35).  See the curious letter of Cicero  understood; and still later, owing to the great
to Paetus (ad Famo. ix. 21).                       changes in the constitution, and the extinction of
If the gentes were such subdivisions of a curia,  so many ancient gentes, the traces of the jus genas already stated, it may be asked what is meant tilitium  were nearly effaced.  Thus we find that
by now gentes being introduced among the curiae,  the words gens and familia are used indifferently
for this undoubtedly took place.  Tullus Hostilius  by later writers, though Livy carefully distinincorporated the Julii, Servilii, and others, among  guishes them.  The " elder Pliny speaks of the
the Patricii, and consequently among the curiae. sacra Serviliae familiae; Macrohius of the sacra
The Claudii were a Sabine gens, who, it was said  familiae Claudiae, Aemiliae, Juliae, Corneliae; and
(Liv. iv. 3), were received among the patricii after  an ancient inscription mentions an Aedituus and a
the banishment of the kings.  A  recent writer  Sacerdos Sergiae familiae, though those were all
(Goettling) attempts to remove this difficulty by  well known ancient gentes, and these sacra, in the
assuming, according to his interpretation of Diony-  more correct language of the older writers, would
sius (ii. 7), a division of the curiae into ten decuriae, certainly have been called sacra gentilitia."  (Saand by the further assumption of an indefinite  vigny, Zeitschrift, &e. vol. ii. p. 385.)
number of gentes in each decuria.  Consistently    In the time of Gaius (the age of the Antonines),
with this, he assumes a kinship among the mem- the jus gentilitium had entirely fallen into disuse.
bers of the same gens, according to which hypo-  (Gaius, iii. 17.)  Thus an  ancient institution,
thesis the several patres-familiae of such gens must which formed an integral part of the old constituhave descended, or claimed descent, from a common  tion, and was long held together by the conancestor.  Thus the gentes would be nothing more  servative power of religious rights, gradually lost its
than aggregates of kindred families, and it must primitive character in the changes which circumhave been contrived in making the division into  stances impressed on the form of the Roman state,
decuriae, that all the members of a gins (thus  and was finally extinguished.
runderstood) must have been included in the same    The word Gens has recently been rendered in
decuria.  But to assume this, is nothing more than  English by the word House, a term which has here
to say that the political system was formed by be-  been purposely not used, as it is not necessary,
ginning with aggregations of families; for if the  and can only lead to misconception.
ultimate political division, the decuriae, was to    The subject of the gens is discussed with great
consist of aggregates of gentes (thus understood), acuteness both by Niebuhr (Reino. Hist. vol. i.) and
such arrangement could only be effected by making  by Maiden (Hist. of Rome, published by the Soaggregation of families the basis of the political ciety for the Diffusion of Useful KInowledge).
system, and then ascending from them to decuriae,    The views of Goettling are contained in his
from decuriae to curiae, and from curiae to tribes;  Gescliclde der Rum. Staatsverfasssung, Halle, 1 840,
a proceeding which is inconsistent with saying that and those of Becker in his Handbacls der RMmniscesen
the curiae were subdivided into decuriae, for this  Alterthiimer 2ter Theil, iste Abth.  See also Samode of expression implies that the curiae were  vigny, Zeitschirift, &c. vol. ii. p. 380, &c., and Unformed before the decuriae.  But the introduction  terholzner, Zeitschrift, &c. vol. v. p. 119.  [G. L.]
of new gentes is conceivable even on the hypo.    GENTILES.  [GENs.]
thesis of the gens being a mere political division.    GENTrIL'ITAS.  [GENS.]
If the number was originally limited, it is perfectly    GEO'MORI ('yeOwgpot; Doric, yciidpoo) is the
consistent with what we know of the Roman con- name of the second of the three classes into which
stitution, which was always in a state of progres- Theseus is said to have divided the inhabitants of
sive change, to suppose that the strict rule of limi- Attica. (Plut. T/les. 25; Pollux, viii. Ill.) This
tation was soon neglected. Now if a new gens was  class was, together with the third, the 8-zaLovpyoi,
introduced, it must have been assimilated to the  excluded from  the great civil and priestly offices
old gentes by having a distinctive name; and if a  which belonged exclusively to the eupatrids, so
number of foreigners were admitted as a gens, it is  that there was a great distinction between the first
conceivable that they would take the name of some  and the two inferior classes.  We possess, howdistinguished person among them, who might be  ever, no means to ascertain any particulars respectthe head of a family consisting of many branches, ing the relation in which the Tyecouopoi stood to the
each with a numerous body of retainers. And this  two other classes.  The name may either signify
is the better tradition as to the patrician Claudii, independent laud-owners, or peasants who cultiwho came to Rome with Atta Claudius, their head  vated the lands of others as tenants. The?yeWo6opoe
(gentis princeps), after the expulsion of the kings, have, accordingly, by some writers been thought to
and were co-optated (cooptati) by the patres among  be free land-owners, while others have conceived
the patricii; which is the same thing as saying that them  to have been a class of tenants.  It seems,
this immigrating body was recognised as a Roman  however, inconsistent with the state of affairs in
gens. (Sueton. Tib. 1; Liv. ii. 16.)  According to  Attica, as well as with the manner in which the
the tradition, Atta Claudius received a tract of land  name -yeowlupoi was used in other Greek states, to
for his clients on the Anio, and a piece of burying-  suppose that the whole class consisted of the latter
ground, under the Capitol, was given to him  by  only; there were undoubtedly among them a conthe state (publice). According to the original con-  siderable number of freemen who cultivated their
stitution of a gens, the possession of a common  own  lands (Timaeus, Glossar. s. V. f. ewoopo;
burying-place, and the gentile right to interment  Valckenaer ad Herod. v. 77), but had by their
therein, were a part of the gentile sacra.  (Cic. birth no claims to the rights and privileges of the
Leq. ii.22; Vell. Pat. ii. 119; Festus, s. v. CimciC; nobles.  We do not hear of any political distincLiv. iv. 3, vi. 40; Virgil, Aen. vii. 706.  As to  tions between the yew.oJdpoi and the 3rtuoupoyoi;
the (gens Octavia, see Suetonius, Aug7. 2.)        and it may either be that there existed lnone atall,




GEROUSIA.                                          GEROUSIA.                   571
or if there were any originally, that they gradually  the priesthoods of Zeus Uranius (Herod. vi. 56) and
vanished.  This would account for the fict that the Lacedaemonian Zeus being filled by them; and
Dionysius (ii. 8) only mentions two classes of At- that, in their capacity of national high priests, they
ticans; one corresponding to the Roeman patricianls, officiated at all the public sacrifices offered on bethe other to the plebeians. (Thirlwall, IHistory of half of the state. (Xen. De Rep. Lac. 15.) Moreover
Greece, vol. ii. p. 14; Wachsmuth, HIellenischle  they were amply provided with the means for exAltcrtlzmnskunde, vol. i. p. 361, 2d edit.; Platner, ercising the heroic virtue of hospitality; for this
Beitriige, &c., p. 19; Titmann, Griech. Staatsver- purpose, public or domain lands were assigned to
faessunjen, p. 575, &c.)                          them in the district of the perioeci, or provincial
In Samos the naame yseoUopoL was applied to the  subjects, and certain perquisites belonged to them
oligarchical party, consisting of the wealthy and  whenever any animal was slain in sacrifice.  Bepowerful.  (Thucyd. viii. 21; Plut. Quaest. Roet. sides this, the kings were entitled to various payp. 303; Mil!er, Dor. iii. 1. ~ 4.) In Syracuse the ments in kind (7raoe&v T',V'crv &7rb dK&cOV xo0pO/),
aristocratical party was likewise called yewoJdopoL  that they might never be in want of victims to
or'yaeopoi, in opposition to the 38~ios. (Herod. vii. sacrifice; in addition to which they received, twice
155; Hesych. s. v. r'/opo,; MUller, Dor. iii. 4. a month from  the state, an ~pi'iov'rEE7o0, to be
~ 4; Goller, de Situ et Oriqg. Syrac. p. 9.)  [L. S.]  offered as a sacrifice to Apollo, and then served up
GERAERAE orGERARAE (yepaLpai or yepa- at the royal table.  Whenever also any of the
pai).  [DIONVYSA, p. 412, a.]                      citizens made a public sacrifice to the gods, the
GERANOS (ye'pavos).  [HoYPORCHEMA.]              kings were invited to the feast, and honoured above
GERMA'NI.  [COGNATl.]                           the other guests: a double portion of food was given 
GEROU'SIA  (-yepovi'La), the council of elders to them, and they commenced the libations to the
(-y'polrEs), was the name of the Senate in most gods. (Herod. vi. 57.)  All these distinctions are
Doric states, and was especially used to signify the  of a simple and antiquated character, and, so far as
Senate at Sparta. In connection with this subject they go, prove that the Spartan sovereignty was a
it is proposed to give a. general view of the Spartan  continuation of the heroic or Homeric.  The disconstitution, and to explain the functions of its tinctions and privileges granted to the king as
legislative and administrative elements.  In the  commander of the forces in war, lead to the same
later ages of Spartan history one of the most conclusion.  These were greater than he enjoyed
prominent of these was the college of the five <at home.  I-e was guarded by a body of 100
ephors; but as an account of the Ephoralty is chosen men, and his table was maintained at the
given in a separate article [EsPsoRI], we shall public expense: he might sacrifice in his sacerdota}l
confine our inquiries to the kings, the yEpoV'res or capacity as manly victims as he chose; the skins
councillors, and the &ictcAXlrrLa or assembly of Spar- and backs of which were his perquisites, and he
tan freemen.                                       was assisted by so many subordinate officers, that
I. Tize Kings.  The kingly authority at Sparta he had nothing else to do, except to act as priest
was, as it is well known, coeval with the settle- and strategus. (Xen. De Rep. Lac. 14, 15; Herod.
ment of the Dorians in the Peloponnesus, and  vi. 55.)
confined to the descendants of Aristodemus, one    The accession and demise of the Spartan kings
of the Heracleid leaders, under whom, according  were marked by observances of an Oriental characto the Spartan legend, the conquest of Laconia ter.  (Herod. vi. 58.)  The former event was sigwas achieved.   To him  were born twin sons,  nalised by a remission of all debts due from private
Eurysthenes and Procles; and from  this cause individuals to the state or the king; and on the
arose the diarchy, or divided royalty, the sove- death of a king, the funeral solemnities were celereignty being always shared by the representatives brated by the whole community.  There was a
of the two families which claimed descent from  general mourning for ten days, during which all
them  (Herod. vi. 52); the precedence in point of public business  vas suspended: horsemen went
honour was, however, granted to the older branch, round the country to carry the tidings, and a fixed
who were called Agiads, as the younger house number of the perioeci, or provincials, was obliged
was styled Eurypontides from  certain alleged de- to come from  all parts of the country to the city,
scendants of the twin brothers.  (Niebuhr, Hlist.  where, with the Spartans and Helots, and their
of Roen. vol. i. p. 356.)  Such was the national Iives, to the number of many thousands, they
legend; but as we read that the sanction of the  made loud lamentations, and proclaimed the virtues
Pythian oracle was procured for the arrangement of the deceased king as superior to those of all his
of the diarchy (Herod. 1. c.), we may conclude that predecessors.  (Herod. 1. c.)
it was not altogether fortuitous, but rather the    In comparison with their dignity and honours,
work of policy and design; nor indeed is it impro- the constitutional powers of the kings were very
bable that the nobles would gladly avail them- limited.  In fact they can scarcely be said to have
selves of an opportunity to weaken the royal au- possessed any; for though they presided over the
thority by dividing it.                            council of?yepoVres or apXaCyITar, or principes
The descent of the Spartan kings from the na- senatzs, and the king of the elder house probably
tional heroes and leaders contributed in no small had a casting vote *, still the voice of each counted
degree to support their dignity and honour; and it for no more than that of any other senator: when
is, perhaps, from this circumstance partly that they  absent, their place was supplied and their proxies
were considered as heroes, and enjoyed a certain  tendered by the councillors who were most nearly
religious respect. (Xen. De Rep. Lac. c. 15.) The  related to them, and therefore of an Heracleid
honours paid to them were, however, of a simple  family.  Still the kings had some important preroand heroic character, such as a Spartan might give
without derogating from  his own dignity or for-    * Dr. Thirlwall observes that this supposition
getting his self-respect.  Thus, we are told that may perhaps reconcile the difference between HIerod.
tho kings united the character of priest and king, vi. 57. and Thucyd. i, 20.




72~               G-E RO U SI A.                                     GC'ETi() U STIA.
gatives; thus they had in  conll 0with other  council till he was sixty years of age (P!ut. LyczLq.
magistrates tihe'c/glt  of addressing  the  public  26), and the additional qualifications were strictly
assembly; besides this, they sat in a separate court of all aristocratic nature.  W~e are told, for iuof their own, where they gave judgment in all cases  stance, that the office of a councillor was the reof heiresses claimed by differenit parties: a function  ward and prize of virtue (Aristot. Polit. ii. 6. ~ 15;
formerly exercised by the kings at Athens, but  Demosth. c. Lept. p. 489), and that it was confined
afterwards transferred to the Archon Eponymus.  to  men  of distinguished  character and station
(Herod. vi. 57.)  They also appointed the four  (lcaxol K'yaOoi).
Iythians (fIIiloo), whose duty it was to go as mes-    The election was determined by vote, and the
sengers to consult the god at Delphi. Adoptions also  mode of conducting it was remarkable for its oldtook place in their presence, and they held a court fashioned  simplicity.  The competitors presented
in all cases connected with the maintenance of the  themselves one after another to the assembly of
public roads; probably in their capacity of generals,  electors (Plut. Lycurg. 26); the latter testified their
and as superintendents of the intercourse with  esteem by acclamations, which varied in intensity
foreign nations.  (Miller, Deor. iii. 6. ~ 7.)  In  according to the popularity of the candidates for
foreign affairs, indeed, their prerogatives were con-  whom they were given.  These nmanifestations of
siderable: thus they were the commanders of the  esteem  were noted by persons in ain adjoining
Spartan forces, and had the privilege of nominat-  building, who could judge of the shouting, but
ing from  amongst the citizens, persons to act as  could not tell in whose favour it was given.  The
"proxeni " or protectors and entertainers of foreign-  person whom  these judges thought to have been
ers visiting Sparta.  But their chief power was in  most applauded was declared the successful candiwar; for after they had once crossed the borders  date.  The different competitors for a vacant place
of l.aconia, in command of troops, their authority  offered  themselves  upon  their own  judgment
became unlimited.  They could send out and as-  (Aristot. Polit. ii. 6. ~ 18), probably always from
sernble armies, despatch ambassadors to collect the wca', to which the councillor whose place was
money, and refer those who applied to themselves  vacant had belonged; and as the office was for life,
for justice to the proper officers appointed for that andl therefore only one vacancy could (in ordinary
-parpose.  (Xen. De Rep. Lea. 13; Thuc. v. 60, cases) happen at a time, the attention of the whole
viii. 5.)  Two ephors, indeed, accompanied the  state would be fixed on the choice of the electors.
kings on their expeditions, but those magistrates  The office of a councillor, however, was not only
had no authority to interfere with the king's opera-  for life, but also irresponsible (Aristot. Polit. ii. 6),
tions: they simply watched over the proceedings  as if a previous reputation, and the near approach
of the army. (Xen. 1. c.)  Moreover, there can be  of death, were considered a sufficient guarantee for
no doubt that the kings were, on their return home, integrity and moderation.  But the councillors did
accountable for their conduct as generals (Thucyd. v. not always prove so, for Aristotle (1. c.) tells us
63), and more especially after the increase of the  that the members of the yepovoia received bribes,
ephoral authority.  Their military power also was  and frequently showed partiality in their decisions.
not connected with any political functions, for the    The functions of the councillors were partly dekings were not allowed to conclude treaties or to  liberative, partly judicial, and partly executive. In
decide the fate of cities, without communicating  the discharge of the first they prepared measures
with the authorities at home. (Xen. Hiell. ii. 2. ~ 12, and passed preliminary decrees (Plut. Agis, 1 1)
v. 3. ~ 24.)  In former times the two kings had a  which were to be laid before the popular assembly,
joint command; this, however, led to inconveni-  so that the important privilege of initiating all
enlces, and a law  iwas in consequence passed that changes in the government or laws was vested in
for the future one only of the two kings should  them.  As a criminal court they could punish with
have the command of the army on foreign expedi-  death anld civil degradation  (&rrLdae, Xen. De
tions.  (Herod. v. 57.)                             Rep. Lac. 10. ~ 2; Arist. Polit. iii. 1), and that,
II. Tile yspovOra,  or council of elders.  This  too, without being restrained by any code of writbody was the aristocratic element of the Spartan  ten laws (Aristot. Polit. ii. 6), for which national
polity, and not peculiar to Sparta only, but found, feeling and recognised usages would form  a suffias has been already observed, in other Dorian  cient substitute.  They also appear to have exerstates, just as a OovsX  or democratical council was  cised, like the Areiopagus at Athens, a general
an element of most Ionian constitutions.            superintendence and inspection over the lives and
The?yepovuria or yEpoovia at Sparta included the  manners of the citizens (arbitri et snagistr'i disciplitwo kings, its presidents, and consisted of thirty  naepuleicae, Aul. Gell. xviii. 3), and probably were
members: a number which seems connected with  allowed " a kind of patriarchal authority to enforce
the divisions of the Spartan people. Every Dorian  the observance of ancient usage and discipline."
state, in fact, was divided into three tribes: the  (Thirlwall, Ifist. of Greece, vol. i. p. 318.)  It is
HIylleis, the Dymanes, and the Pamphyli, whence  not, however, easy to define with exactness the
the Dorians are called -PLXCtrcKes, or thrice divided. original extent of their fimctions; especially as
(Od. xix. 174.)  The tribes at Sparta were again  respects the last-mentioned duty, since the ephors
subdivided into d~afL, also called Qpa'rpiai (MUller, not only encroached upon the prerogatives of the
Dor. iii. 5. ~ 3), a word which signifies a union of king and council, but also possessed, in very early
families, whether founded upon ties of relationship,  times, a censorial power, and were not likely to
or formed for political purposes, irrespective of any  permit any diminution of its extent.
such connection. The obae were like the yEporVrsS,    III.  Tie Eisctxsera, or assembly of Spartan
thirty in number, so that each oba was represented  fr-eemen.  This assembly possessed, in theory at
by its councillor: an inference which leads to  least, the supreme authority in all matters aMfecting
the conclusion that two obae at least, of the HIyl-  the general interests of the state.   Its original
lean tribe, must have belonged to the royal house  position at Sparta is shortly explained by a rhetra
of the Heracleids.  No one was eligible to the  or ordinance of Lycurgus, which, in the fornm of an




GEROUSIA.                                          GEROIUSIA.                   b73
oracle, exhibits the principal features of the Spartan  It appears, therefore, to use the words of Muller,
polity: -    Build a temple," says the Pythian  that the popular assembly really possessed the
god, " to Ilellanian Zeus and Hellanian Athena; supreme political and legislative authority at Sparta,
divide the tribes, and institute thirty obas; ap-  butit was so hampered and checked by the spirit
point a council with its princes; call an assembly  of the constitution, that it could only exert its au(&areXAch Elv) between Babyca and Knakion, then  thority within certain prescribed limits; so that
make a motion and depart; and let there be a  the government of the state is often spoken of as
right of decision and power to the people" (&i4/e  an aristocracy.
tpde Jc rluEY Kal Kcpros, Plut. Lyculy. 6; MIiiller,    Besides the FctcXroala   which we have just deDor. iii. 5. ~ 8).                                 scribed, we read  in  later  times  of  another
By this ordinance full power was given to the  called the small assembly (Xen. Hell. iii. 3. ~ 18),
people to adopt or reject whatever was proposed  which appears to have been convened on occato them  by the king and other magistrates.  It  sions of emergency, or which were not of sufficient
was, however, found necessary to define this power  importance to require the decision of the entire
more exactly, and the following clause, ascribed to  body of citizens.  This more select assembly was
the kings Theopompus and Polydorus, was added  probably composed of the oYOo101, or superior citito the original rhetra, " but if the people should  zens, or of some class enjoying a similar precefollow a crooked opinion the elders and the princes  dence, together with some of the magistrates of
shall withdraw " ('robs 7rPEo'UeYEdEas seal a&pxa-  the state [Ecc.LETI], and if, as appears to have
ye'Tas a&roor7i'rrpas {Ies).  Plutarch (I. c.) in-  been  the case, it was convened more frequently
terprets these words to mean "' That in case the  than the greater assembly, it is evident that an adpeople does not either reject or approve in toto a  ditional restraint was thus laid upon the power of
measure proposed to them, the kings and council- the latter (Philo. Museumn, vol. ii. p. 65), the
lors should dissolve the assembly, and declare the  functions of which must have been often superseded
proposed decree to be invalid."  According to this  by it.
interpretation, which is confirmed by some verses    The preceding remarks will enable us to decide
in the Eunomia of Tyrtaeus, the assembly was not a question which has been raised, what was the
competent to originate any measures, but only to  real nature of the constitution of Sparta?  From
pass or reject, without modification, the laws and  the expressions of Greek writers, every one would
decrees proposed by the proper authorities: a limi-  at once answer that it was aristocratic; but it has
tation of its power, which almost determined the  been asserted that the aristocracy at Sparta was an
character of the Spartan constitution, and justifies  aristocracy of conquest, in which the conquering
the words of Demosthenes, who observed (c. Lep.  people, or Dorians, stood towards the conquered,
p. 489. 20), that the yepovsia at Sparta was in  or Achaians, in the relation of nobles to commons,
many respects supreme-Aeoanr'T-rs erei'r&, -roA-  and that it was principally in this sense that the
Adg.  All citizens above the age of thirty, who  constitution of Sparta was so completely anti-popuwere not labouring under any loss of franchise, lar or oligarchical.  (Arnold, Thtuc. Append. ii.)
were admissible to the general assembly or threAXa  Now this indeed is true; but it seems no less true
(Plut. Lycsyg. 25), as it was called in the old Spar-  that the Spartan government would have been
tarl dialect; but no one except public magistrates,  equally called an oligarchy or aristocracy even if
and chiefly the ephors and kings, addressed the  there had been no subject class at all, on account
people without being specially called upon. (Mul-  of the disposition and administration of the soveler, Dor. iii. 4. ~ 11.) The same public functionaries  reign power within the Spartan body alone.  The
also put the question to the vote. (Thuc. i. 80. 87.)  fact is, that in theory at least, the Spartan constituHence, as the magistrates only (ra TeAX  or apXai)  tion, as settled by Lycurgus, was a decided demowere the leaders and speakers of the assembly,  cracy, with two hereditary officers, the generals of
decrees of the whole people are often spoken of as  the commonwealth, at its head; but in practice (at
the decision of the authorities only, especially in  least before the encroachments of the ephors) it
matters relating to foreign affairs.  The intimate  was a limited aristocracy; that is, it worked as if
connection of the ephors with the assembly is  the supreme authority was settled in the hands of
shown by a phrase of very frequent occurrence in  a minority.  The principal circumstances which
decrees (Eao#, froe  epots kal,r-f  Ec'cAn/ia). justify us in considering it as such, are briefly " the
The method of voting was by acclamation; the  restraints imposed upon the assembly, the extenplace of meeting between the brook Knakion and  sive powers of the councillors, their election for
the bridge Babyca, to the west of the city, and en- life, their irresponsibility, the absence of written
closed. (Plut. Lyczug. 6.) The regular assemblies  laws, of paid offices, of offices determined by lot,"
were held every fall moon; and on occasions of and other tlings thought by the Greeks characteremergency extraordinary meetings were convened. istic of a demilocracy.  Independent of which we
(Herod. vii. 134.)                                 must remember that Sparta was at the head of the
The whole people alone could proclaim " a war,  oligarchical interest in Greece, arid always supconclude a peace, enter into an armistice for any  ported, as at Corcyra and Argos, the oligarchical
length of time; and all negotiations with foreign  party, in opposition to the democratic, which was
states, though conducted by the kings and ephors, aided by Athens.  In fact Dr. Arnold himself obcould be ratified by the same authority only." With  serves, that even in the relations of the conquering
regard to domestic affairs, tihe highest offices, such  people among themselves the constitution was far
ais  iagistracies and priesthoods, were filled " by  less popular than at Athens.  We must, however,
the votes of the people  a disputed succession to  bear in mind that the constitution, as settled by
the tilronie vWas decided upon by them; changes in  Lycurgus, was completely altered in character by
the conistitution were proposed and explained, and  the usurpation of the ephors.  To such an extent
fall new laws, after a previous decree in the senate, was this the case, that Plato  (Leg. iv. p. 713)
were confirmed by them," (MIiiller, Dor 4. ~ 9.)  doubted whether the government at Sparta might




57 4           GLADIATOIIES.                                       CLADIATORES.
not be called a " tyranny," in consequence of the  almost incredible.  After Trajan's triumph over
extensive powers of the ephoralty, though it was  the Dacians, there were more than 10,000 exas much like a democracy as any form of government  hibited. (Dion Cass. lxviii. 15.)
could well be; and yet, he adds, not to call it an    Gladiators consisted either of captives (Vopisc.
aristocracy (i. e. a government of the SpicroI), is  Prob. 19), slaves (Suet. Vitell. 12), and condemnquite absurd.  Moreover, Aristotle (Polit. iv. 8),  ed malefactors, or of freeborn citizens who fought
when he enumerates the reasons why the Spartan  voluntarily.  Of those who were condemned, some
government was called an oligarchy, makes no men-  were said to be condemned ad gladism, in which
tion of the relations between the Spartans and their  case they were obliged to be killed at least within
conquered subjects. but observes that it received  a year; and others ad ludumZ, who might obtain
this name because it had many oligarchical insti-  their discharge at the end of three years. (Ulpian,
tutions, such as that none of the magistrates were  C(Jollat. Alos. et Rom. Leg. tit. ii. s. 7. ~ 4.)  Freechosen by lot; that a few persons were competent  men, who became gladiators for hire, were called
to inflict banishment and death.                   auctorati (Quint. 1..; Hoer. Set. ii. 7. 58), and
Perhaps the shortest and most accurate descrip-  their hire auctorame ntumz   or gladiatoriumz. (Suet.
tion of the constitution of Sparta is contained in  Tib. 7; Liv. xliv. 31.)  They also took an oath
the following observations of Aristotle (Polit, ii. 6):  on entering upon the service, which is preserved
-  Somle affirm that the best form  of government by Petronlius (117). -"  In verba Eumolpi sacra.
is one mixed of all the forms, wherefore they praise  mentum  juravimus, uri, vinciri, verberari, ferroqcue
the Spartan constitution: for some say that it is  necari, et quicquid aliud Eumolpus jussisset, tamcomposed of an oligarchy, and a monarchy, and a  quam legitimi gladiatores domino corpora animasdemocracy -a monarchy on account of the kings,  que religiosissime addicimus."  (Compare Senec.
an oligarchy on account of the councillors, and a  Epist. 7.)   Even  under the republic free-born
democracy on account of the ephors; but others  citizens fought as gladiators (Liv.xxviii. 21), but
say that the ephoralty is a "tyranny;' whereas, on  they appear to have belonged only to the lower
the other hand, it may be affirmed that the public  orders.  Under theempire,. however, both equites
tables, and the regulations of daily life, are of a  and senators fought in the arena (Dion Cass. li. 22;
democratic tendency.                  [R. W.]    lvi. 25; Suet. Jut. 39; Aug. 43; Ner. 12), and
GERRHA (yEppa), in Latin, Gerrae, properly  even women (Tacit. Ann. xv. 322; Suet. Dome. 4;
signified any thing made of wicker-work, and was  Juv. vi. 250, &c.; Stat. Silv. I. vi. 53); which
especially used as the name of the Persian shields, practice was at length forbidden in the time of
which were made of wicker-work, and were smaller  Severus. (Dion Cass. lxxv. 16,)
and shorter than the Greek shields (avTrl eor3asuv,    Gladiators were kept in schools (tudi), where
yePPa, Hlerod. vii. 61,ix. 61; Xen. Anab. ii. 1. ~ 6; they were trained by  persons called  lanistae.
Festus, s. vv. cerrones, gerrae).                  (Suet. Jul. 26; Cic. pro Rose. Anmer. 40; Juv. vi.
GLADIATO'RES (,uovo/idXoi), were men who  216, xi. 8.)  The whole body of gladiators under
fought with swords in the amphitheatre and other  one lanista was frequently called fitiemilis.  (Suet.
places for the amusement of the Roman people. Azcg, 42.)  They sometimes were the property of
(Glcadiator est, qui in arena, popZdo spectante, pg-  the lanistae, who let them  out to persons who
naccit, Quintil. Declare. 302.)  They are said to  wished  to exhibit a show of gladiators; but at
have been first exhibited by the Etruscans, and to  other times belonged to citizens, who kept them
have had their origin from  the custom of killing  for the purpose of exhibition, and engaged lanistae
slaves and captives at the funeral pyres of the de-  to instruct them.  Thus we read of the ludus
ceased.  (Tertull. de Spectac. 12; Serv. ad Virg. Aemilius at Rome (Hor. de Art.poet. 32), and of
Aen. x. 519.)  [FUNus, p. 559, a.]  A show of  Caesar's ludus at Capua.  (Caes. Bell. Cit. i. 14.)
gladiators was called maunus, and the person who  The superintendence of the ludi, which belonged
exhibited (edebat) it, editor, nmunerator, or dominus, to the emperors, was entrusted to a person of high
ewho was honoured during the day of exhibition, if ranks called cutrator or procurator. (Tacit. Ann. xi.
a private person, with the official signs of a magis-  35; xiii. 22; Suet. CaL. 27; Gtruter, Inscr. p.
trate.  (Capitol. M. Anton. Philos. 23; Flor. iii.  489.)  The gladiators fought in these ludi with
20; Cic. ad Att. ii. 19. ~ 3.)                    wooden swords, called rades.  (Suet. Cal. 32, 54.)
Gladiators were first exhibited at Rome in m. c. G'seat attention was paid to their diet in order to
264, in the Forum Boarium,  by Marcus and Peci-  increase the strength of their bodies, whence Cicero
inns Brutus, at the funeral of their father. (Valer.  (Phil. ii. 25) speaks of "' gladiatoria totius corMax. ii. 4. ~ 7; Liv. Epit. 16.)  They were at poris firmitas."  They were fed with nourishing
first confined to public funeralsj but afterwards  food, calledgtadiatoria sagina. (Tacit. Hist. ii. 88.)
fought at the funerals of most persons of conse-  A great number of gladiators were trained at
quence, and even at those of women.  (Suet. Jul.  Ravenna on account of the salubrity of the place.
26; Spartan. Hadr. 9.)  Private persons some-  (Strabo, v, p. 213.)
times left a sum of money in their will to pay the    Gladiators were sometimes exhibited,at the
expenses of such an exhibition at their funerals,  funeral pyte,  sind sometimes i;n the forumin but
(Sen. de Brev. Pit. 20.)  Combats of gladiators  more frequiently in the amphitheatre,  [CAsPiswere also exhibited at entertainments (Athen. iv.  THEATRf-m.]   The person who was to exhibit a
p. 153; Sil. Ital. xi. 51), and especially at public  show of gladiators published some days before the
festivals by the aediles and other marsgistrates, who  exhibition  bills (libelli), containing the number
sometimes exhibited immense numbers with thIe  and sometimes the names of those who were to
view of pleasing the people.  (Cic. pro Miur. 18; fight.  (Cic. ad Famr. ii. 8; Suet. CGes. 26.)
de QO.f ii. 16.)  [AEDLLES.]   Under the empire  When  the day came, they were led  along the
the passion of the Romans for this amusement  arena in procession, and matched bypairs (Hlor.
rose to its greatest height, and the number of Sat. i. 7. 20); and their swords were examined
gladiators who fought on sonme occasions aprcars  by the editor to see if they were sufficiently sharp.




. C  AUI A TORES.                                  GLADIATOHl0ES.                 57 5
(Dion Cass. ixviii. 3; Suet. Tit. 9; Lipsius,  cause they fought with two swords. (Artemiod. ii.
Earcrns. ad Tac. Ann. iii. 37.)  At first there was  32; Orelli, Inscr. 2584.)
a Hind of sham  battle, called praelusio, in which    Equites were those who fought on horseback.
they fought with wooden swords, or the like (Cic.  (Orelli, 2569. 2<577.)
de Ofrat. ii. 78, 80; Ovid, Ass Amnat. iii. 515;    Essedarii fought from  chariots like the Gauls
Senec. Epist. 117), and afterwards at the sound of and Britons. [ESSEDA.] They are frequentlymenthe trumpet the real battle began.  When a gladi-  tioned in inscriptions. (Orelli, 2566. 2584, &c.)
ator was wounded, the people called out habet or    Fiscales were those under the empire, who were
lhoc habet; and the one who was vanquished low-  trained and supported from the fiscus. (Capitol.
ered his arms in token of submission.  His fate, Gord. 33.)
however, depended upon the people, who pressed    lloplomachi appear to have been those who
dlown their thumbs if they wished  him  to be  fought in a complete suit of armour.  (Suet. Cal.
saved, but turned them up if they wished him to  35.; Martial, viii. 74; Orelli, 2566.) Lipsius conbe killed (Hor. Ep. i. 18. 66; Juv. iii. 36), and  siders them  to have been the same with the Samordered him to receive the sword (ferrum,  reci-  nites, and that this name was disused under the
pere), which  gladiators  usually did with  the  emperors, and hoplomachi substituted for it.
greatest firmness.  (Cic. Tuso. ii. It, pro Sext.    Laqueatores were those who used a noose to
37, pro M11il. 34.)  If the life of a vanquished  catch their adversaries. (Isiod. xviii. 56.)
gladiator was spared, he obtained his discharge for    lferidiani were those who fought in the middle
that davy which was called missio (Mart. xii. 29.  of the day, after combats with wild beasts hadt
7); and hence in an exhibition of gladiators sine  taken place in the morning. These gladiators were
2n'issione (Liv. xli. 20), the lives of the conquered  very slightly armed. (Senec. Epist. 7; Suet. Claud.
were never spared.  This kind  of exhibition,  34; Orelli, 2587.)
however, was forbidden  by Augustus.  (Suet.    Mir-millones are said to have been so called from
AugeJ. 45.)                                       their having the image of a fish (mzormyr, pop.
Palms were usually given  to the victorious  tipos) on their helmets.  (Festus, s. v. Retiario.)
gladiators (Suet. Cal. 32); and hence, a gladiator,  Their arms were like those of the Gauls, whence we
who had frequently conquered, is called " pluri-  find that they were also called Galli.  They were
marum palmarum gladiator" (Cic. pro Rose. Azner.  usually matched with the retiarii or Thracians.
6); money also was sometimes given.  (Juv. vii.  (Cic. Ph ilii. 12, vii. 6; Juv. viii. 200; Suet.
243; Suet. Claud. 21.) Old gladiators, and sorne-  Cal. 32; Orelli, 2566, 2580.)
times those who had only fought for a short time,    Ordinarii was the name applied to all the-regular
were discharged from the service by the editor at gladiators, who fought in pairs, in the ordinary
the request of the people, who presented each of way. (Senec. Epist. 7; Suet. Aug. 45, Cal. 26.)
them  with a rudis or wooden  sword; whence    Postulaticii were such as were demanded by
those who were discharged were called Rudianii.  the people from the editor, in addition to those who
(Cic. Philip. ii. 29; Hor. Ep. i. 1, 2; Suet. Tib.  were exhibited. (Senec. 1. c.)
7; Quint. 1. c.)  If a person was free before he    Provocatores fought with the Samnites (Cic. pro
entered the ludus, he became on his discharge free  Sext. 64), but we do not know any thing respectagain; and if he had been a slave, he returned to  ing them except their name.  They are mentioned
the same condition again.  A man, however, who  in inscriptions. (Orelli, 2566.)  The 7rpooKtcdroop
had been a gladiator was always considered to  mentioned by Artemiodorus (ii. 32) appears to be
have disgraced himself, and consequently it ap-  the same as the provocator.
pears that he could not obtain the equestrian rank   Retialai carried only a three-pointed lance, called
if he afterwards acquired  sufficient property to  tridens orfuscina [FuscINA], anda net (rete),which
entitle him  to it (Quint. 1. c.); and a slave who  they endeavoured to throw over their adversaries,
had been sent into a ludns and there manumitted  and then to attack them with the fuscina while they
either by his then owner or another owner, merely  wore entangled. The retiarius was dressed in a short
acquired  the status of a peregrinus dediticius.  tunic1 and wore nothing on his head. If he missed
(Gaius, i. 13.)  [DEDITICII.]                      his aim in throwing the net, he betook himself to
Shows of gladiators were abolished by Constan-  flight4 and endeavoured to prepare his net for a
tine (Cod. 11. tit. 43), but appear notwithstanding  second cast, while his adversary followed him round
to have been generally exhibited till the time of the arena in order to kill him before he could make
Honorius, by whom they were finally suppressed.  a second attempt.  His adversary was usually a
(Theodoret. Hist. Eccles. v. 20.)                  secutor or a mirmillo. (Juv. ii. 143, viii. 203; Suet.
Gladiators were divided into different classes,  Cal. 30; Claud. 34; Orelli, 2578.)  In the follow.
according to their arms and different mode of ing woodcut, taken from Winckelmann (Moenure.
fighting, or other circumstances.  The names of
the most important of these classes is given in
alphabetical order: -
Andabatae (Cic. act Fam. vii.. 10) wore helmets              
without any aperture for the eyes, so that they                                          y    
were obliged to fight blindfold, and thus excited                  e
the mirth of the spectators.  Some modern writers'                            \
say that they fought on horseback, but this is
denied by Orelli. (Inscer. 2577.)
Catervarii  was the name given to gladiators                                           i i
when they did not fight in pairs, but when several
fought together.  (Suet. Aug. 45; gregatimn diAniceates, Cal. 30.).Dintmccleri  appear to have been so called, be



W76          GLADIATORES.                                       GLADLIATOR RES.
fned. pl. 197), a combat is represented between a
ret:arius and a mirmillo: the former has thrown
his net over the head of the latter, and is proceedlng to attack him with the fuscina.  The lanista,
stands behind the retiarius.
Sc&lnsites were so called, because they were?l i
armed in the same way as that people, and were
particularly distinguished by the oblong scutumn.
(Liv. ix. 40; Cic. pro Sext. 64.)
S.cutores are supposed by some writers to be so
called because the secutor in his combat with the   I ) K-/ //,
retiarius pursued the latter when he failed in securing him by his net.  Other writers think tlat
they were the same as the s87pposititii, mentioned by
Martial (v. 24), who were gladiators substituted in  Borghese collection, now in the Museum  of the
th  place of those who were wearied or were killed. Louvre, and the dying gladiator, as it is called, in:(Suet. Cal. 30; Juv. viii. 210.)  If the old reading  the Capitoline Museum.  Gladiatorial combats are
in a letter of Cicero's (ad Att. vii. 14) is correct, represented in the bas-reliefs on the tomb of Scanu-.Julius Caesar had no less than 500 secutores in his rus at Pompeii, and illustrate in many particulars
rudus at Capua; but it appears probable that we  the brief account which has been given in this
ought to read scutorsam instead of secttolruma.  article of the several classes of gladiators.  These
Supposititii.  See Secutores.                  bas-reliefs are represented in the following wood.
T/traces or Threces were armed like the Thra- cuts from Mazois (Ponmp. i. pl. 32).  The figures
clans with a round shield or buckler (Festus, s. v. are made of stucco, and appear to have been mould7ltraeces), and a short sword or dagger (sica, Suet. ed separately, and attached to the plaster by pegs
Cal. 32), which is called falv sutpina by Juvenal of bronze or iron.  In various parts of the frieze
(viii. 201). They were usually matched, as already  are written the name of the person to whom the
stated, with the mirmillones. The woodcut in the  gladiators belonged, and also the names of the glanext column, taken from Winckelmann (1. c.), re-  diators themselves, and the number of their vicpresents a combat between two Thracians, A  tories.  The first pair of gladiators on the left hand
lanista stands behind each.                      represents an  equestrian  combat.  Both  wear
Paintings of gladiatorial combats, as well as of helmets with vizors, which cover the whole face,
the other sports of the amphitheatre, were favourite  and are armed with spears and round bucklers.
subjects with the Roman artists.  (Plin. H. N. In the second pair the gladiator on the left has
xxxv. 33; Capitol. Gord. 3; Vopisc. Carin. 18.)  been wounded; he has let fall his shield, and is
Several statues of gladiators have come down to  imploring the mercy of the people by raising his
us, which are highly admired as works of art: of hand towards them.  His antagonist stands bethese the most celebrated is the gladiator of the  hind him waiting the signal of the people.  Like
all the other gladiators represented on the frieze, whom is defeated.  The fourth group consists of
they wear the subligacuzluz   or short apron fixed  four figures; two are secutores and two retiarii.
above the hips.  The one on the left appears to be  The secutor on his knee appears to have been dea mirmillo, and the one on the right, with an ob- feated by the retiarius behind him, but as the
long shield (scuturm), a Samnite.  The third pair fuscina is not adapted for producing certain death,
consists of a Thracian and a mirmillo, the latter of I the other secutor is called upon to do it.  The:<:W~~~~




— G }R A Dll3'S.                               GRAM IMIATEUS.                577
retirius- ill the distance is probabhl'   destined to rgr1ctzds   rather less, than 29 feet English. (See the
fight in his turn with the surviving secutor.  The  Tables.)                               [P. S.]
last group consists of a mirmillo and a Saniite;      GRADUIS COGNATIONIS.  [COGNATI.1
the latter is defeated.                              GRiECOSTASIS,'a  place  in  the Roman'
In the last woodcut txwxo combats are repre-  forum, on the right of the Comitium, was so called
sented. In the first a Sanlnite has been conquered  because tlhe Greek alambassadors, and perhLaps slso
by a mirmillo; the former is holding up his hand  deputies from other foreign or allied states, W-ee
to the people to implore mercy, while the latter allowed to stand there to hear the debates.  Tile
apparently wishes to become his enemy's execu-  Griaecostasis xwas, as Niebuhr remarks, like privitiner before receiving the siglnal from the people; leged seats in the hall of a parliamenltary     assembut the laiiista holds him  back.  In the other blv. The Staiionles li1eUicipior2mm, of which Pliny
combat a mirmillo is mortally wounded by a  speaks (It. Ar. xvi. 44. s. 86), appear to have been
Samnite.                                           places allotted to municipals for the same plrlpose.
It will be observed that the right arm of every  When the sun was seen froom the Curia comilng
figure is protected by armour, which the left does  out between the Rostra and the Graecostasis, it
not require on account of the shield. [BESTIARII; was mid-day; and an accensus of the consul anViENATIO.]  (Lipsius, Saturnalia.)                 nounced the time with a clear loud voice.  (Plinu
GLADIUS  (ciqors, poet. eop, pa'crTyaror), a  It. N. vii. 60, xxxiii. 1. s. 6; Cic. ad Q. Fr. ii.;
sword or glaive, by the Latin poets called ensis. Varr. L. L. v. 155, ed. Miiller; Niebuhr, list.\,
The ancient sword had generally a straight two- Rome, vol. ii. note 116.)
edged blade (iuqnpEs., Hoem. II. x. 256), rather    GRAMMATEUS  (ypapuaTesl), a clerk or
broad, and nearly of equal width from hilt to point. scribe.  Among the great numnber of scribes emGladiators, however, used a sword which was  ployed by the magistrates and  goviernllents of
curved like a scimitar. (Mariette, Reczeil, No. 92.)  Athens, there were three of a higher ranlk, who
In -times of the remotest antiquity swords were  were real state-officers.  (Suidas, s. v.)   Their
made of bronze, but afterwards of iron.  (Eurip. finctions are described by Pollux (xiii. 98).  One
Plsoenz. 67, 529, 1438; Virg. Aen. iv. 579, vi. 260, of them was appointed by lot, by the senate, to serve'
xii. 950.)  The Greeks and Romans wore them  the time of thle administration of each piytanl,
on the left side (Sid. Apollin. Carem. 2), so as to  though he always belonged to a different prytlani'
draw them out of the sheath (vagina, coXeos) by  fiom that which was in power.  He was therefore
passing the right hand in front of the body to take  called ypaCtlaTevs KTa' 71rpuraVeiLav. (Demuosth.
hold of the hilt with the thumb next to the blade. c. Timoceat. p. 720.) His province was to keep the'
Hence Aeschylus distinguishes the army of Xerxes  public records, and the decrees of thle people whici
by the denomination of cycaXapocppov geyos (Pers.'were made during the time of his office, and to de56), alluding to the obvious difference in their ap- liver to the thesmothetae the decrees of the senate.
pearance in consequence of the use of the AcINAcEs  (Demosth. 1. c.)  Demosthenes in another rassage
instead of the sword.                              (dce ials. Leg. p. 381) states that the public dociuThe early Greeks used a very short sword. ments, which were deposited in the Metroon, were
Iphicrates, who made various improvements in  in the keeping of a public slave; whence we must
alrmour about 400 B. c., doubled its length (Diod. suppose with Sch6nmann  (doe Commit. p. 302, tranlls.):
xv. 44), so that an iron sword, found in a tomb  that this servant, whose office was probably for life,
at Athens, and represented by Dodwell (Tour, i. was under the ypaYauaTeUs  and was his assistant.
p. 443), was twvo feet five inches long, including  Previous to the archonsllip of Eucleides, the name
th-e handle, xwhich was also of iron.  The Roman  of this scribe was attached to the beginning of
sword, as'was the case also with their other  every decree of the people (SchoIlmann, p. 132, &c.;
offensive weapons, was larger, heavier, and more  compare BOULE); and the limne of the ypaupjaTess
formidable than the Greek.  (Florus, ii. 7.)  Its  who officiated durin, the aldministration   of the
length gave occasion to the joke of Lentulus upon  first prytany in a year was, like that of the archon
hsis son-in-law, who wvas of very low  stature, eponymus, used to designate the year.
"Who'tied my son-in-law to his sword?"   (Ma-    The second  ypaiu-crevs was elected by the
crob. Satsrn. ii.)   To this Roman sword the  senate, by XEipoGeovia, and w'as entrusted with
Greeks applied the term  iorad09  (Arrian, Tact.), the custody of the laws (Ec&r! Tovs s6rovs, Pollux,
whllichi wvas the name of a piece of wood of the same. c.;  Demlosth. c. bo'iZorat.  p. 713; de (rol.  p.
form used in weaving [TEI,]. The British glaive  238). His usual naae wxas'CpanuuatE's i-ps BOVAoJ
wvas still laroer than the Roman. (Tac. Aglic. 36.)  btut in inscriptions he is also cailed 7ypuctLTxebs ric
il' a monmument found in London, and preserved  3ovAevrTcr  (Backlh, Pezl.  Econz. p. 185, 2d edit.).
at! Oxford, the glaive is represented between three  Further particulars colncernling  his office are not
mcnd four feet long.  (Iontfaucon, Szpplenz. iv. known.
p 16.)                                               A third ypaptuaterev  was called ypatyaEsavs T"ris
The principal ornamnent of the sword was be-?rodAEws (Thucyd. d ii.  0), or  ypa/,uat/res,'js
stowved upon the hilt.  [CAPULUS.]                  oeouvsms Kal Tov l4tovl.  lIe  was appointed by the'
Gladies was sometimes used in a wide sense, so  people, by Xetporoi'la, and the prinlcipal part of
as to include Puaso.  (A. Gell. ix. 13.)  [J. Y.]  his office was to read any laws or documents which
GLANDES.  [FuaND.]                              xwere required to be read in the assembly or in the
GNOMON (yv'c,uvcm).  [HOROLOGIUM.]               senate. (Pollux,. c.; Demosth. de F1c`s. Leg. p.
GOMPHI.  [VIA.]                                  419; c. Letin. p. 185; Suidas, s. v.)
GORGYRA (yoyyicpa).  [CARCER.]                    A class of scribes, inferior to these, were those
GRADUS (PlCna), a step, as a measure of length,  persons who were appointed cleiks to the several
wras half a pace (passus) and contained 2- feet,  civil or military officers of the state, or who served
Greek and Roman respectively, and therefore the  any. of thle three'ypayLqaTecs  mentioned above as"
Greek  /hiuna was rather more, and the Roman  under-clerks (V7roypaF/CaTreSs, Demosth. de  Pals.
I' I'




/ 78               GRAPHE.                                               GRAP 1-HTI.
L eg. p. 419; de C~oron. p. 314; Antiphonl,'o  The courts before which public causes could be
Clhoreut. p. 792; Lysias, c. Niconmacl.  p. 864). tried were very various; and, besides the ordinary
These persons were either public slaves or citizens Heliastic bodies under the control of the. nine
of the lower orders, as appears from the mallnner in  archons or the generals or logistae, the council and
which Demosthenes speaks of them, and were not even the assembly of the people occasionally beallowed  to hold  their office for two  succeeding  came judicial bodies for that purpose, as in the case
years.   (Lysias, c. NTicoi7ach. p. 8 54. according  of certain Docimasinte and Eisangeliae.  (Meier,
to.the  interpretation of this passage  by Bockhh,,4tf. Pr-oc. pp. 205. 268.)   The proper court in.Publ. Econ. p. 188, note 168.)                      whichl to bring a particular action was for the most
Different from  these common clerlks were the  part determinred by the subject-matter of the acavrLipape7?s, checking-clerks or counter-scriibes, x ho  cusation.  In the trial of state offences it was in
must likewise be divided into two classes, a lower general requisite that the ostenlsible prosecutor
and a higher one.  The former conmprised   those  should be an Athenisan citizen in the full posseswho accompanied the generals and casshiers of the  sion of his firanchise;  but on some particular occaarmies (Demosth. de Chlerson. p. 101), w ho kept sioins (Thuc. vi. 28; Lys. p1)ro  Cll. p. 186) even
the control of the expenditure of the sacred monev, slaves and resident aliens were invited to come
&c. (Bbckh, Ptzbl. Econ. p. 1 87). The highler class forward and lay inform'ations.  In such cases, and
of a&vtriypaeqss, on the other haud, were public  in some Eisanleliae and otl;er special proceedings,
officers.  Their number was, accordiug to l-arpo-  the prosecution and conduct of the cause in court
cration  (s. v.), only  two, the avrsypad)qvbs T7qS wvas carried on by advocates retainled by the state
alouCGFfeWSe,  and the civ-TypaqieVs Trs /3ovXms. T'he  (uvvm'yopot) for the occasion; but with the excepoffice of the former was to control the expeiditure   tion of these temporary appointments, the protecof the public treasury (otolK,/ls1); the la tter:was tion of purely state interests seems to have been
always present at the meetings of the senate,  and  left to volunteer accusers.
recorded the accounts of money which was paid    Iin criminal causes thie pI.secution  was coninto the senate. (Compare Pollux, viii. 983  S uidas, dueted by the KVptos in behalf of the aggrieved
s. v.)  He  had also to  lay the accounts of tIle  woman, lninor, or slacve; his 7rpoordTr7s probalily
public revenue before the people in every pry tany  gave some assistance to the resident alien in the
so that he was a check upon the &aroe'icTal.   I te commencemtnt   of proceedings, though the acciusawas at first elected by the people by XEspo'ro'st, tion was in the nanle of the person aggrieved, who
ibut was afterwards appointed by lot. (Aeschin. c. also made his appearance at the trial without the
Ctesiph. p. 417; Pollux, 1. c.)                     intervention of the patron  (Meier, Ait. Proc.
The great number of clerks and counter-clerlks p. 661); and a complete foreigner would upon
at Athens was a necessary consequence of the in- this occasion require the same or a still further
stitution of the e0evsbV, which could not otherwise  protection  from  the  proxenus of Ihis country
have been carried into effect.  (See Sciimnannl,  (de  1 ith the exception of cases in which the Apagoge,
Comnit. p, 302, &c.; Bbckh, 1. c.;  I-eriann, Ephegesis Endeixis, or Eisangelia were adopted,
Polit. A4ntiq. ~ 127. n. 17 and 1,.)    [L. S.]   iul the three first of which usl arrest actually  did
GRAMMATOPHYLACIUM.    ['FAnULA- and in the last might tale place, and accusations
lRIUM.1                                              at the Euthynae and Docimassiae, when the accused
GRAPHE (-ypa0qb), il its most general accept- was or was supposed by the law to be present, a
a* tion, comprehends all state trials and crimlinml public action against a citizen comrrenced like anl
prosecutions whatever in the Attic courtst; but in  ordilnary law-suit, wl'ith a summons to appear beits more limited sense, those only which were  not fore the proper magistrate on a fixed day.  (Plato,
distinguished as the evOmBiv,  hesiZris-, eia-yyeAha, l/ldap_/. inlit.)   The  anacrisis  then  followed
by a special name and a peculiar conduct of tlle  [ANACRISIS]; but tlhe bill of accusation was
proceedings.  The principal characteristic  differ- called a'npalp, or (pdIis, as the case might be, anld
ences between public and private actions are ciu- not an Ey;gcA7,%a or Arlts, as in private actions;
merated under DIIcE, and the peculiar forms of' neither could a public prosecution be referred to
public prosecutions, such as those albove  mesn- ail arbitrator [DmAETE;TrAEr], and if it were comtioned, are separately noticed.  Of these forms,  promlised mwould in many cases render the accuser
together with  that of the Grcl-ople, properly so  liilsble to'm  action m4crOvbfe~es, if not ipso facto to
called, it frequently happened that twvo or mnore a fine of a thousamd drachimae.  (Meier, Att. Proc.
were applicable to the same cause of action; aid  p. I355.)  rIhe same slun  wamrs also forfeited when
the discretion of the prosecutor in selectinlg tile  the prosecutor failed to olbtain the voices of a fifth
most preferable of his available remedies was at- of the dicasts in all cases except those brought
tended by results of great importance to himself before the archon that had  reference  to injury
and  the  accused.   If the  prosecutor's speech  (camdcwl-s) done to women  or orphans; and besides
(tcaq'7yopla), and the evidence adduced- by him, this penalty, a modified disfranchisement, as, for
were insufficient to establish the aggravated cha- instance, an incapacity to bring a similar accusaracter of the wrong in question, as indicated by  tion,'was incurred upon several occasions.  Upon
the form  of action he had chosen, his ill-judged  the conviction of the accused, if the sentence were
rigour might be alleged in mitigation of the punish- death, the presiding maggistrate of the court deliment by the defendant in his reply (a&roXoyLa), or vered the prisoner, who remained in the custody
upon the assessment of the penalty after judgment of the Scythlae during the trial, to the Eleven,
given; and if the case were one of those in which  whose business it was to execute judgment upon
the dicasts had no power of assessing (rCim/Tov7r  hilll.  If the punishment were confiscation of proyparph), it might cause a total failure of justice, perty, the demarchs made an  inventory of the.and even render the prosecutor liable to a fine or effects of the criminal, which was read in the asother punishment.  (Dem. c. Androt. p. 601, c. sembly of the people, and delivered to the poletae,
Meid. p. 523.)                                       that they might make a sale of the goods. and pay




G YMNASIUM.                                      GY MiNASI UM;.,           57J
in the proceeds to the public treasury. (Mleier, AtU. lopment by which the Greeks excelled all other
P'roc. p. 740, &c.)                [J. S. M.]    nations, and which at the same time imparted to
GRAPHIA'RIUM.  [STILUS.]                      their minds that power and elasticity which will
G RAPHIS.  [PICTURA, No. VI.]                  ever be admired in all their productions. (Lucian,
GRAPHIUM.  [STILUS.]                           de!n/mnzast. 15.)  The plastic art in particular
GREGORIA'NUS CODEX.  [CoDEX GRE- must have found its first and chief nourishiment in
GORIANUS.]                                       the gymnastic and athletic performances, and it
GRIPHUS (?yptpos).  [AENbIsMA.]                may be justly observed that the Greeks would
GROMA.   [AGRIMENSORES;  CASTRA, p. never have attained their preemninence in sculpture:
251,a.]                                          had not their gymnastic and athletic exhibitions
GROSPHOS (ypd4jo s).  [HAsTA.]                 made the artists familiar with the beautiful fornis
GUBERNA'CULUM.  [NAvIS.]                       of the human body and its various attitudes.  ReGUSTA'TIO.  [COENA, P. 307, a.]                specting the advantages of gymnastics in a medical
GUTTUS, a vessel, with a narrow  moutth or point of view, some remarks are made at the end
neck, from iwhich the liquid was poured in drops: of this article.  But we must at the same time
hence its name " Qui vinum dabant ut minutatim  confess, that at a later period of Greek history
funderent, a guttis gutoun appellarunt."  (Varr. L.  when the gymnasia had become plxces of resort for
L. v. 124, ed. Muller.)  It was especially used in  idle loungers, their evil effects were no less striksacrifices (Plin. H. N. xvi. 38. s. 73), and hence  ing.  The chief objects for which they had Origiwe finld it represented on the Roman coins struck  nally been instituted were gradually lost sigh1t of,
by persons who held any of the priestly offices; and instead of being places of education and traina8, for instance, in the annexed coin of L. Plancus, ing they became mere places of amusement; and
the contemporary of Augustus, where it appears, among ether injurious practices to which they gave
though in different forms, both on the obverse and  rise, the gymnasia were charged, even by the anreverse.  The guttus was also used for keeping  cients themselves, with having produced and fostered that most odious vice of the Greeks, the
<4'i~[~'~?~o.                  7narai8hpeoara.  (Plut. Qucaest. Roms. 40. vol. ii.' *,vg  ~?'9   gp. 122. ed. Wyttelb.; compare Aristot. de Repoubl.
~ ii~j'~Sa  viii. 4  Plot. Philop. 3.)
Gymnastics, in the widest sense of the word,.i  I  d~ e-5Xs~ O ~comprehended also the agonistic and atthle:ic arts:(a)'/soTvcrr     and i&OXhrTrcs), that is, the art of tlose
->eoo5F  -Qfo~O     who contended for the prizes at the great public
games in Greece, and of those who ma.de gyinnastic performances their profession [ATHILETAE and
the oil, with which persons were.anointed in the  ACONOTHETA.].  Both origilnated in the gyninabaths.  (Juv. iii. 263, xi. 158.)  A guttus of this sia, ii as far as the athletae, as well as the agoniskind is figured oin p. 192.                      tae were originally trained in them.  The athlctle,
GYMNASIARCIHES.  [GYMNAssUlu.]                 however, afterwards formed a distinct class of perGYMNA'SIUM (yutcldoriov). The whole edu- sons unconnected with the gymnhasia; while the
cation of a Greek youth was divided into three  gymnasia, at the time when they hasd degenerated,
parts: gramllmar music, ad gymnastics (?ypd1~asra, Iere in reality little more than agonistic schools,
oovaoimc, acud yu1/vaa-vdlr, Plato, Tleag. p. 122; attended by numbers of spectators.  On certain
Plut. de Audit. c. 17; Clitoph. p. 497), to which  occasions the most distinguished pupils of the gymAristotle (de Repsu71. viii. 3) adds a fourth, the  nasia were selected for the exhibition of public
lrt of drawing or painting.  Gymnastics, however, contests [LAMPADF.PHOsIA], SO that on the whole
were thought by the ancients a matter of such im- there was always a closer connection between the
portance, that this part of education alone occupied  gymnastic and agonistic than between the gymas much time and attention as all the others put nastic and athletic arts. In a narrower sense, nowtogether; and while the latter necessarily ceased  ever, the gymnasia had, with very few exceptions,
at a certain period of life, gymnastics continued to  nothing to do with the public contests, and were
be cultivated by persons of all ages, though those  places of exercise for the purpose of strengthening
of an advanced age naturally took lighter anid less and improving the body, or in other words,: places
fatiguing exercises than boys and youths.  (Xen. for physical education and training;  and it is
Symopos. i. 7; Lucian, Le.iriph. 5.)  The ancients, chiefly in this poinlt of viewthat we shall consider
ald more especially the Greeks, seem to have been  them in this article.
thoroughly convinced that the mind could not pos-    Gymnastic exercises among the Greeks seein to
sibly be in a healthy state, unless the body was have been as old as the Greek nation itself; as
likewise in perfect health, and no means were  amay be inferred from the fact that gymnastic conthought, either by philosophers, or physicians, to be  tests are mentioned in many of the earliest lenellds
more conducive to preserve or restore bodily health  of Grecian story; but they were, as might be supthan well-regulated exercise.  The word gymnas- posed, of a rude and mostly of a warlike character.
tics is derived from?yvu s'Y (naked), because the  They were generally held in the open air, and in
persons who performed their exercises in public or plains near a river, which afforded an opportunity
private gymnasia were either entirely naked, or for swimming and bathing.  The Attic legends'
merely covered by the short XitL'v. (See the autho- indeed referred the regulation of gymnastics to
rities inWachsmuth, Hellen. AlteostL. vol. ii. p. 354. Theseus (Paus. i. 39. ~ 3), blut according to Galen
2d edit., and Becker, Charikles, vol. i. p. 316.)    it seems to have been about the time of Cleisthenes
The great partiality of the Greeks for gymnastic  that gymnastics were reduced to a regular and comexercises was productive of infinite good: they  plete system.  Great progress, however, must have
gave to the body that healthy and beautiful deve- been made as early as the time of Solon, as appeara
rP 2




S80             GYMNASIUM.                                          GYMNASIUM.
from some of his laws which are me-ntioned below. l1 called Apodyterium; then came the Conisterinum.(i):
It was about the same period that the. Greekl towns. adjoining; and next to the Conisterium, in the re-:
began to build their regular gymnasia as places of turnis of the portico, is the cold bath, NoOrpo' (:I).
exercise for the yollng, with baths, and other con-  On the left of the Ephebeum  is the' E laeotihesitun,
veniences for philosophers and  all persons who  where persons were anointed by the aliptae (K).
sought intellectual amusements.  There was pro-  Adjoning - the Elneothesium  is- the Frigidarium
bably no Greek town of any importance which did  (L), the object of -which is unknown. - From thence.:.
not possess its gymnasitm.  In many places, such  is the entrance to the Propnigeumn (M), on the reas Ephesus, Hirapolis, and Alexandria in Troas,  turns. of-the portico; near which, but more inward,
the remains of the ancient gymnasia have been  behiisd the place of the frigidariui, is the vault:d,.
discovered in modern times.  Athens alone pos-. sudatory (N),.in: length twice its breadth, -whichi
sessed three great gymnasia, the Lyceum (AvKeCos),)  has on the returns the Laconicum (O) on one side,
Cynosarges (Kvvdoeapy-1s),and theAcademia.('A, a'nd opposite the Laconicum, the hot-bath (P).
8nr1u/a); to which, in later times, several smaller ones  On the outside three porticoes are built; one (Q),
Nwere added.  All places of this kind were, on  in passinlg out from the peristyle, and, on the. righlt,
the whole, built on the same plan, thougih, from   and left, the two stadial porticoes (R.S), of which'the remains, as well as from the descriptions still  the one (S) that faces the north, is nmade. double'
extant, we must infer that there were many dif-  and of great breadth, the other (R) is single, and'
ferences in their detail.  The most complete de-  so designed that in the parts which encircle the
scription of t gyinmasimni which we possess, is that  walls, and which adjoin to the columns, there may i
given by Vitruvius (v.   1),. which, however,  is  be margins for paths, not.less than ten'feet   u afid
very obscure, and at the same time defective, in as  the middle is so excavated, that there may be two
far as many parts which seem to have been essen-  steps, a foot and a half in descent, to go fi;0r   the'
tjial to' a gymlnleasilum, are not mentioned  in it.  margin'to the plane (BR), which plane should not.
Among the nimerous plans which have been dr:;wn,  be less in. breadth than 12 feet; by this means..
taccording to the description of Vitruvius, that of. those who walk about the margins in their apparel'
W. Nesvton, in Ihis translation of Vitruvius. vol. i.  will not be annoyed by those who are-exercising
fig. 52, deserves the preference.  The following. themselves.  This portico is called by the Greeks
wood-cut is a copy of it, with a few alterations.    Uso-r-s, because in the winter season, the athletae
exercised themselves in these covered stadia.  The.  vrdoS had groves or plantations between the two''....... J1  porticoes, and walks between the trees, with seats
of signine work.  Adjoining to the 4vovds (R) and
1                            double portico(), are the uncovered walks (U),
Q-.!   P         a1{ 2Le   i::      which in Greek are called 7rapaapo'ilses, to which: 11 I               e9t  11.          the athletae, in fair  weather, go fros the winter1    a~ a.'              xystus, to exercise.  Beyond  the x~stus  is_ tl:d
I 2 -Y 1              l4:          Stadiuml (WV), so large that a msiltitude of people:9'!Q:          may have sufficient room to behold the contests of'.I~  ~    ~  rs a   a.ett@    tQN la:,  the athletae.
1 9_ a IIeQ oQ.l, I, ~%  iIt is generally believed that Vitruvius in. this
I  ~-,~ IQ.MM'Q:'.AQ2% I Idescription of his gymnasium took that of Niaples.
I]   ~eI|a~-    ~_j QQ                    as his model; but two important parts of other'
1:1'"l~;'~ —~ —-~.....~ —-~.. ~-~ —-— ~.~.  [  Greek gynmnasia, the apodyterium,and the sphaeris-. -..-rl                                   teriuln, are not mentioned.by  him.  The Greeks/l k!.............^~  A-.1~   tT,  |bestowed great care upon the outward and inward'
tT'K' iEl  -  splendour of their gymnasia, and. adorned th fei:
I~-' 1 W iI   - I with the statues of gods, heroes, victors in' tie.
Hermes was the.tutelary deity of the gymnasiii,
|1i - -Eu  anmd his statue was consequently seen in most of
J * Sl       1"s l~et         I them.
IH*     -..........1...  The earliest regulations which we possess con~2~-4w" —1   — r' —,    -.... — "r:' —Ic4-'q  cerning the gymnasia are contained in the lavs of. __,-,, _J.._ _-  1Solon.  One of these laws forbade all adults to'
enter a gymnasium during the tiuse that boys wvere
The-peristylia (D) in a gymnasium, which Vi-  taking their exercises, asud at the festiva.l of the
truvius incorrectly calls palaestra, are placed in the  Heriliaea.  The gyminasia were, according to the
form  of a square or oblong, and have two stadia  same law, not allowed to be opened before sun(1200 feet)'in circiumference. They consist of four  rise, and were to be shut at slnset.  (Aeschin.
porticoes.  In three of them (A B C) spacious exe-  c. iinszrch. p. 38.)   Another law  of Solon cxdrae with seats were erected, in which philoso-  cluded slaves fiom gyrmnastic exercises. (Aesch-in,
phers, rhetoricians, and others, who delighted in  c. Tisszascl&. p. 147; Plut. Solos, 1; Denosth..
intellectual conversation might assemble.  A fourth  Tisoocsrat. p. 736.)  Boys, who were children of
portico.(E), towards the smuth, was double, so that  an Athenian citizen and a foreign lmother (::-0o0),
the interior walk was ne.t exposed to bad weather.  were not admlitted to any other gymnasium but the
Thie double portico contained the following apart-  Cynosarges.  (Plut. Tlhes. 1.)  Some of the laws
ments: —The Ephebeum (F), a spacious hall with  of Solon relating to the management and the superseats, in  the middle, and  by one-third longer  intendence of the gymnasia, show that he wras
than broad.  On the right is the Coryceum (G),  aware of the evil consequences which these instiperhaps the same room which in other cases n-as  tutions might produce, unless they were regulated




OGYMNASIUA{.                                         GYMINASiUM.,631
by the strictest rules.  As we, however, find that  festivals, especiallythe torch-race (aysrahlp'[L),a
adults also frequented the gymnasia, we must sup-  for which he selected the most distinguished among
poses that,  at least as long as the laws of Solon  the ephebi of the gymnasia.  The number of gymwere in force, the gymnasia were divided into  nasiarchs was, accordinlg to Libanius on Demosdifferent parts for persons of different ages, or that  thenes (c. 1/l/id. p. 510) ten, one fr'om every tribe.
persons of different ages took their exercise at dif-  (Compare Denlosth. c. Philif,. p. 50, c. Doeoi. p.
fereult tilues of the day.  (BJickh, Corsp. Ii7script.  996; Isaeus, De  lfenecl. c. 42.)  They seem  to
ni. 246( and 2;)1.)  The education of boys up to  have undertaken their official duties in turns, but
the age of sixteen was divided into the three parts  in what inanner is unknown.  Among the external
mentioned above, so thalt gymllnastics formed only  distinctions of a gymnasiarch, were a purple cloak
one of them; blut during the period  from  the  and white shoes.  (Plut. Anltoz. 33.)  In early
sixte:tlth to the eighteenth year the instruction  times the office of gymnasiarch lasted for a year,
in (gianinar and nmusic seems to have ceased, and  but ulinder the Roman emnperors we find that somegvniiiiastics  were exclusively pursued.  In the time  times they held it only for a month, so that there
bf Pla;to the -salutary regulations of Solon appear  were 12 orl 13 gmnasiircls in one year. This office
to have been sno longer observed, and we find per-  seems to have been considered so great an honotir,
sons of all agoes visiting the gy-mnasia.  (Plat. De  that even Roman generals and emperors were am-:le.). v. -p. 452); Xen. glpos.  ii. 1i8.) Athens now   bitious to hold it. Other Greek towns, like Athels,
possessed a. llctluher of smtaller gymnasis, which are  had their own g-mnasiarchs, but we do not lsnow
somletinlles called palaestlrae, in which persons of all  whether, or to what extent their duties differed
oges used -to assemble.  and in which even the  from the Athenian gynlnmisiarchs.  In-Cyrene the
Herlmaea were celebrated by the boys, while for-  office was somuetimes held by women.  (Krause,
melrly this solelmitS  had been kept only in the  Gyis7z1sstik susssd Agonisti/e d. I:/ellezesz, p. 179, &c.)
gresat gyintiasia, and to the exclusion of all adults.  - Another offlice which was formerly believed tu
(Plat. I?/s. p. 2()6.)  These changes, and the laxi-  be connected with the superintenldencle of the gymtude in the superintendence of these public places, nasia, is that of Xystarchus (~vrTdepXoe),  But it
taused the gymnasia to differ very little from the  is not mentioned  previous to the tisme of the Roschools of the athletaee; and it is perhaps partly  man emperors, and then only in Italy anid Crete.
owing to this circumstance that writers of this and  Krause (II. p. 205, &c.) has shown that this office
subsequlent times use the words gylnnasiuln atld  had nothing to do with the gymnasia properly so
palaestra indiscriminately. (Becker, Chali/dtes, vol.  c-alled, but was only connected with the schools of
i. p. 341.)                                         the athletae.
Married as well as unmarried women were, at    An office whichl is likewise not menltioned before
Athens, and in all the Ionilan states, excludetd from   the time of the Roman emperors, ul;b t'as neverthethe gymnaisia; but at Sparta, and in some other  less decidedly connected with the gyimnaussia, is thabt
Doric states, maidens,  dressed in the short XLmtCV, of Cosismetes.  He had to arralnge certain games, to
were not only admitted as spectators, but also took  register the namnes and keep the lists of the epheli,
part in  the exercises of the youths.  Married  and to maintain   order and discipline among theml.
women, however, did not frequent the gymnasia.  He wtas assistecl  by an Anticoslsetes alnd two Hy-:(Plat. De,ey. vii. p. 806.)                        pocosmetae.  (Krause, lb. p. 211, &c.)
Respecting the superintendence and administra-    An office of very great iluportance, in an educea
tion of the. gymnasia at Athens, we know  that  tional point of siew, was that of the Sophronistae
Solon in his legislation thought them  worthy of  (o-oopovs'r-rat).  Their province was to inspire  the
great attention; and the transgression of some of youths with a love of ucssppoi'svrl, and to protect
his law-s relating to the gymnasia was punished  this virtue against all injurious influences. In ealrly.with dcleath. - His laws mentioni a mnragistrate, called  times their number at Athens was ten, one fre:m
the Gymnasiarch (iyvyvaarr'apXos or 7yv ea'pLdpXl7s)   every tribe, with a salary ofolle drachma per day..vho swas entrusted with the. whole management  (Eryiool1. lltg. s.v.)  Their duty not only re-f:the gymnasia, and with every thing connected  quired them to be present at all the gamnes of the
-therewvith.  His office: was one of the regular litur-  ephebi, but to watch and correct their: conduct:gies like the choregia and trierachy -(Isaeus, D)e  wherever they might meet them, both within and
PlcileFcteml. Iher.- p. 154), and Was: attended with  without the gymnasium.  At -the t-ime- of.the  eia~considerable expense.  He had to maintain alld  peror Marcus Aurelius only six Sophronistae, as.~
pay the persons Wsho were preparing themselves for  sisted by as many Hyposophlronistae, are mentioned.
the -,games and contests in the public festivals, to  (Krause, lb. p. 214, &c.)..
provide them  withI oil, and perhaps with  the         TIhe instructions in the gymnasia were given by
[wrestlers' dust.  It also devolved  upon him  to  the Gymnastae (-yvuutvaorai) anid the Pae.dotribaee
adorn the gymnasium or the place where the agones r-('alorpCa[); at. a later period Hypopaedotribae
took. place. -;(Xen. De RJep. A/lsez. i. 13.)  The  -were added. -The:Paedotribes was a requilred to
gymnasiarch vas a real magistrate, and -invested  possess a knoxvledge of all the various exercises
wvithl a kind of jurisdiction over all those who fre- uwhich were performed in the gymnasia; th-e G m-quented or were connected with the gymnaisia; nastes was the practi-cal teacher, and was -expected
-and his power seems even to have extended beyond  to know  the physiological effects and illfluences
tie gymnasia, for Plutarch  (Amietor. c. 9, &c.)  on the constitution of the youths, and therefore
states that he watched and controlled the conduct assigsned to each of themn those exercises wlhich he
of the ephebi in general.  He had also the power  thought most suitable.  (Galen. De Valet. tueud. ii.
to remove from the gy-nasia teachers, philosophers,  9. 11; Aristot. Polit.;iii. 3. 2.)  These. teacl-ers
and sophists, whenever ihe conceived that they  were usually athletea, who shad left their proe:s.exercised an injurious influence upon the young.  sion, or could not succeed in it.  (Aelian, V.Il. ii.
(Aeschin. c. Timarch.)  Another part of bis dlties  6; ~(alen, 1. c. ii. 3, &c.)
was to conduct the solemut games at.certain great    The a10ointing of the bodies of the youths, and
r.P 3




b82            GY2MNASIUM.                                         GYMNASIUM.
strewing them with dust, before they commenced  tempt. (Plut. Quaest. Rom.   40.) Towards the end
their exercises, as well as the regulation of their of the republic many wealthy Romans, who hlad
diet, was the duty of the aliptae.  [ALIPTAE.]  acquired a taste for Greek manners, used to attach
These men sometimes also acted as surgeons or to their villas small places for bodily exercise,
teachers.  (Plut. Dion. c. 1.)  Galen (1. c. ii. 11) sometimes called gymnasia, sometimes palaestrae,
mentions among the gymnastic teachers, a Dmal- and to adorn them  with beautiful works of art.
pl-Tlic4s, or teacher of the various games at ball; (Cic. ad Att. i. 4, c. Verr. iii. 5.)  The emperor
and it is not improbable that in somle cases parti- Nero was the first who built a public gymnasiumn
cular garties may have been taught by separate  at Rome (Sueton. Ner. 12); another was erected by
persons.                                           Commodus. (Herod. i. 12. 4.) But although these
The games and exercises which were performed  institutions  were intended to introduce  Greek.in the gymnasia seem, on the whole, to have been  gymnastics among the Romans, yet they never
the same throughout Greece.  Among the Dorians, gained any great importance, as the magnificent
however, they were regarded chiefly as institutions  thermae, amphitheatres, and other colossal buildfor hardening the body and for military training; ings had always greater charms for the Romans
among the Ionians, and especially the Athenians, than the-gymnasia.
they had an additional and higher object, namely,    For a fuller account of this important subject,
to give to the body and its movements grace and  which has been necessarily treated with brevity in
beauty, and to make it the basis of a healthy and  this article, the reader is referred to Hieronymls
sound mind.  But among all the different tribes of Mercurialis, De Arte Gyosnastica, Libri vi. Ist ed.
the Greeks the exercises which were carried on in  Venice, 1573, 4th ibid. 1601; Burette, IHistoire
a Greek gymnasimn were either mere games, or ties Atsletes, in the Mum. de l'Acad. des Inscript.
the more important exercises which the gymnasia  i. 3; G. Libker, Die Gymnastik der!lellecenn, Miilbld in common with the public agones in the great ster, 1835; Aachsmuth, Hellen. Altlert. vol. ii.
festi vals.                                        p. 344, &c. 2d. edit.; MUiller, Dor. iv. 5. ~ 4, &c.;
Among the former we  lay mention, 1. The ball Becker, cGallus, vol. i. p. 270, &c.; CYarlikles, vol. i.
(a~(aiplmes,  &patposoaXia, &c.), which was in uni- pp. 309-345; and especially J. H. Krause, Die
versal favour with the Greeks, and was here, as at Gyq7iistlik ncd A qonistik dles Ilellesen, Leipzig',
Roloe, played in a variety of ways, as appears from  1841; Olyjmspia, Wien, 1838; Die P/thien, Avethe words &7r6kjais, s7riocuoos, cpaLtc'3sa or cp7srao- Imsees  &c., Leipzig, 1841.  The histories of edu.
-r&v, &c.  (Plat. De Legg. vii. p. 797; compare  cation among the ancients, such as those of HochGronov. ad Plaut. Cscrcscl. ii. 3. 17, and Becker, heimer, Schwarz, Cramler, and others, likewise conGallus, i. p. 270.)  Every gymnasiumn  contained  tain much useful information on the subject. [L. S.]
one large room for the purpose of playing at ball in    T/e Relation of Gynzcnastlics to thle Miiedical A st -
it (oqppeo'r'hptoiev).  2. nai(elv eXccuOTiu'a, elEX-'rhe games of the Greeks had an immediate influcusr-vm'a, or Wa8 ypa/u.ts, was a game in which one ence upon the art of healing, because they consiboy, holding one end of a rope, tried to pull the dered gymnastics to be almost as necessary for the
boy who held its other end, across a line marked  preservation of health, as medicine is for the cure
between them on the ground. 3. The top (/CI1ii3', of diseases. (Hippocrates, De Locis itn Io1cisce, vol.,61'ugli, pjO'tos, orpodtXos), which was as common  ii. p. 138, ed. Kiihn; Timaeus Locrensis, De Ancila
an almusement with Greek boys as in our own  JIslusdi, p. 564, in Gacle's 01p7sc. Alt/thol.)  It was
days. 4. The 7revrdXA0oO, which was agamer withfive  for this reason that the gymnasia were dedicated
stones, which were thrown up from the upper part to Apollo, the god of physicians. (Plut. Sysmp. viii.
of the hand and caught in the palm. 5.  stcarE'pa,, 4. ~ 4.)  The directors of these establishmlllelts, as
which was a game in which a rope was drawn  well as the persons enployed under their orders,
through the upper part of a tree or a post.  Two  the bathers or aliptae, passed for physicians, and
boys, one on each side of the post, turning their were called so, on account of the skill which long
backs towards one another, took hold of the ends experience had given them.  The directors, called
of the rope and tried to pull each other up.  This  7raAuo'e'povnAa&EsE, regulated  the  diet of the
sport was also one of the amusements at the Attic  young men brought up in the gymnasia; the
Dionysia.  (Hesych. s. v.)  These few games will sub-directors or Gymcnastae, prescribed for their
suffice to show  the character of the gylnnastic  diseases (Plat. de Leg. xi. p. 916); and the iy~briors
sports.                                            or bathers, aliptae, iatraliptae, practised bloodThe more important games, such as running  letting, administered clysters, and dressed wounds,
(p6,uos), throwing of the aGo-cos and the Sctw, I ulcers, and fractures.  (Plat. De Ley. iv. p. 720;
jumping and leaping (&xua, with and without Celsus, de Miedic. i. 1; Plin. H. An  xxix. 2.)
aA&Xrpes), wrestling (srdAq), boxing (-irvyyi), the  Two of these directors, Iccus, of Tarentunm, and
pancratinum  (raeylcpdrTlov), rE'rvaOAos,a Xarapo&o - Herodicus, of Selymbria, a town of Thrace, depla, dancing (OpXjoris), &c., are described in sepa- serve particular notice for having contributed to
rate articles.                                     unite more closely medicine and gymnastics. Iccus,
A gymnasium was, as Vitruvius observes, not a who appears to have lived before Herodicus (Olyglsp.
Roman institution, and Dionysius of Halicarnassus lxxvii. Stephan. Byzant. s. v. Tapds, p. 693; com(Ant. Ross. vii. 70-72), expressly states that the  pare Paus. vi. 10. ~ 2), gave his chief attention
whole a&ywC'rTttKr'l  of the Rsomans, though it was to correcting the diet of the wrestlers, and to acpractised at an early period in the Ludi Maximi, customing them to greater moderation and abstemiwas introduced among the Romans from Greece. ousness, of which virtues he was himself a perfect
Their attention, however, to  developing  and  model.  (Plat. de Leg. viii. p. 840; Aelian, Vcas.
strengthening the body by exercises was consider- I-Iist. xi. 3; Id. Ilist. Asnimal. vi. 1.)  Plato conable, though only for military purposes.  The re- siders him, as well as Herodicus, to have been one
gular training of boys in the Greek gymnastics was of the inventors - of medical gymnastics.  (Plat.
foreign to Rtoman manners, and even held in con- Protagor.  ~ 20. p. 316; Lucian, De Conscrib. Iist.




GYMNASIUM.   Y MINASI UM-,'S83
~ 35. p. 626.)  Herodicus, who is sometimes called  regular chafing: lie has written a little tract,
Prodicus (Pliu. HI. N. xxix. 2), lived at Athens  flepl Tov  aL, McKpds   ai'par rPvuvafariov, wherea short time before the Peloponnesian war.  Plato  in he recommends an  exercise, by  which  the
says that he was not only  a  sophist  (Pliat. body  and  mind  are both  at the  same  time
1'Potagt. 1. c.), but also a rmaster of the gymnasium   affected.  In his discourse to Thrasybulus, I6d(Id. Rep. iii. p. 406), and physician  (Id. Gorg.  TEpos'IaCrpcK7s 7 rItvhU,ap Tc1   E'oL T' b'T7r El yV,
~ 2. p. 448), and in fact he united in his own  he inveighs against the athletic and other violent
person these three qualities.  He was troubled, practices of the gylzn2asium, but approves of the
-says the same author, with  very  weak  health,  more moderate  exercises, as subservient to the
and tried if gymnastic exercises would not help  ends of a physician, and consequently part of that
to improve it; and having perfectly succeeded,  art. T'he other Greek writers express a similar
he imparted  his method to others.  Before him   opinion; and the sense of most of them  in this
mledical dietetics had been entirely neglected, espe-  matter is collected in Oribasius's " Collecta Medicially by the Asclepiadae.  (Id. Reu. iii. p. 406.)  cinalia."   In those remains which are preserved
If Plato's account may be taken literally (Id.  of the writings of Antyllus, we read of some sorts
Phaedr. p. 228), he much abused the exercise of of exercises that are not mentioned by Galen or
gymnastics, as he recommended his patients to  any former author; among the rest the Cr'iciasia
wavlk from  Athens to Megara and to return as  as the translators by mistake call it, instead of'
soon as they had reached the walls of the latter  (.rico'lasica.    This, as it had for many ages been
town.*  The author of the sixth book De Alorb.  disused, Mercirlialis himself, wsho had made the
Vulgazs. (Hippocr. Edpideim. vi. c. 3. vol. iii. most judicious inquiries into this subject (De Aite
p. 599) agrees with Plato:  "; I-erodicus," says  Gyinzetstica, 4to. Anmstel. 1672), does not pretend
he, " caused people, attacked with ifeer, to die  to explain; and I believe, says Freind (t=fist. of'
from nwalking and too hard exercise, and many  PAysic, ol. i.), though we have the description of
of his patients suffered much from  dry rubbing."  it set doewn in Oribasius (Coll.  liedic. vi. 26), it
A  short time after we find, says Fuller (lAteadi-  will be. hard to forin any idea of what it was.
cina     n GyncasSica, &c. Lolnd. 1718, 8vo), that lip-    The ancient pllysicians   reliedt much on exercise
pocrates (De Yist. l(at. iii. vol. i. p. l16), with  in the cure of the cu   t dropsy (compare Her. Epist. i.
some sort of glory, assumes to himself thle i:-  2. 34.  " Si noles sanus, curres hydropicus"),
nour of brin ging th at method to a perfection, so   whereas we alhost totally neglect it.  (Alexander
as to be able to distingulish  n7r(T-pocv -V  otTioy  Tr1allianus, i e ilcdic. icx. 3. p. 524, ed. Basil.)IpPUTEEL yroevs  rcovs,'          i Oi ir:oiL vr OTCiz,   Il Hippocrates (De Interais A/(ct/ion. sect. 28. vol.
eI'pi[WS  EXfEL wpbes &Aslsa, as lie expresses it.  ii. p1. 518) prescribes for one that has a dropsy
Pursuant to this, we find him  in several places of -'aXari-ciptat, orx /fi hli;q-ercises,  and he makes
his works recommending several sorts of exercises  use of the same -word in  is lEpidemics, and almost
upon proper occasions; as first, friction or chlafing,  alwaysR   when he speaks of the regimen of a dropsi.
theeffects Of which he explains (De Vict. IRat. ii.  cal persou, implyis,  thlat though it be a labour
p. 701), and tells us, that in some cases it wAill  for such people to inove, yet they must undergo
bring down the bloatedness of the solid parts, iii  it;,, nd this is so imuotl the sense of Hippocrates,
others it will incarn and catuse an increase of  th at Spon has collected it into one of the new Aphoflesh, and make the part thrive.   Ile  advises fislcs, which he has drawvn out of his works. Celsus
(ibid. p. 700) walking, of which they had two  say s of this case (De Al-edic. iii. 21. p. 152, ed. Arsorts, their round and straight courses.  Ile gives  gent.), " Concutiendumn multa gestatione corpus est."
his opinion (ibid. p. 701) of the'AYaKlvucitara, or  The ilomans placed great reliance upon exercise
preparatory exercises, whlliclL served to warnl and  for the cnre of diseases; and Asclepiades, who
fit the wrestlers for the more vehement ones.  In  lived in the time of l'ompey the Great, brought
some cases he advises the Ilaxh., or comnloln wrest-  this mode of treatmaent into great request.  IHe
ling (ibid.), and the'AtcpoXEtpia, or wrestling by the  called  exercises t/ze common aids of physic, and
hands olly, without comini  close, and also the,  wrote a treatise on the subject, which is mentioned
KwpvrconaXlea,  or tile exercise of the Corycuis, or  by Celsts in his chapter "De Frictione" (De
the langieng ball (see Antyllus, apuld Mercur. (le   ledlie. ii. 14. p. 82.), but the book is lost. He carried
AlrteGyian. p. 123); the XElpoocUta,  a sort of dex-  these notions so far, that he invented the Lecti
terous and regular motion of the hllands, and upper  Pensiles (Plin. H-1. N. xxvi. 8) or hanging beds,
parts of the body, somethilng after a  smilitary ilman-  that the sick might be rocked to sleep; which took
ner; the'AX[';qsots, or roiiing in sand; and once  so much at that time, that theycamlleafterwards to be
(ibid. p. 700) wve find mentioned, witn somle ap-  malde of silver, and were a great part of the luxury
probation, the'Hiretpoi'"Iraro, ]'cuoi Izdefiili, by  of that people; lie had so maniy particular wsays to
which is probably meant gallopill, loin coirses in I siake ph'ysic agreeable, and was so exquisite in thle
the open field.                                    i iention of.exercises to supply the place of mediAs for Galen, he follows tIippocrates in this, as   ille, that perhaps no man in any age ever had the
closely as in other things, and declares his opinion  happiness to obtain so general an applause;  aind
of the benefit of exercises in several places; his  Plinsy says (ibid. c. 7) by these means he made himsecond  book " De Sa.llitate Tluenda," is Vwholly  selflthe delight ofmnankind. About this time the Ruupon the use of the slrts/'l, or the advanttage ot' iman physicians  sent their consumptive patients to
Alexandlia, and svith very good success, as we filnd
* "The distance from Atlhclns to MIegara was 210  by both the Plinys; this was done partly for the
stadia, as wve learn  i'onl  Procopius.  (Bell. Vanl.  chaisge of air, but chiefly for the sake of the exeri. 1.)  Dion Chrysostom calls it a day's journey.  cise by the motion of the ship; and therefore Celsus
(Orat. vi.) Modern travellers reckon eight hours.  says (De 4leedic. iii. 22. p. 156), " Si vera Phthisis
(Dodsvell, Class. Tour, vol. ii. p. 177.)"  Cranler,  est, opus est lonan navigatione;" and a little after
dnoc. Greece, vol. ii. sect. 13, p. 430.              hie Inmakes Jehicis2cnz  and Nalis to be two bf tth
P  4




184           GYMNOPAEDIA.                                       GCiYNAE CONNOM I.
chief remedies.  As for the other more coimmon! al d also imitatcd the wild gestures ofthe worship of
exercises, they were daily practised, as is manifest Dionysus. (Athen. xiv. p. 631.) MiUller (ITist. ofC'G.
from Celsus, Caelius Aurelianus, Theodorus Prisci-  Lii. vol. i. p. 16 1 ) supposes, with great probability,
anus, and the rest of the Latin physicians. And we  that the dances of the gymnopaedia partly consistdo not want instances of cures wrought by these  ed of mimic representations, as the establishment
means.  Slletonius (Ctalg. c. 3) tells us that Ger-  of the dances and musical entertainments at this
manicus was cured of a " crurum gracilitas," as he  festival was ascribed to the musiciana at the h ad
expresses it (by which he probably means an Atto-  of whom was Thaletas. (Plut. de lleIs. c. 9.) The
play), by ridingg; and Plutarch, in his life of Cicero,  whole season of the gymnopaedia, during  wvhich
gives us an account of his weakness, and that he re-  Sparta was visited by great numbers of strainers,
covered his health by travelling, and excessive dili-  was one cf great merrilment and rejoicigis (Xen.
-gence in rubbing and chafing his body. (Compare  Mlenmor. i. 2..  61; Plut. Agesil. 29; Pollux, iv.
Cic. Berut. c. 91.)  Pliny (IH. N. xxxi. 33) tells  14. 104), and old bachelors alone seem  to have
us Annaeus Gailio, who had been consul, was cured  been excluded from  the festivities.  (Osann, ce
of a consumption by a sea voyage: and Galen giv s  Coe/in2m71  apud  Veteres Populos Coeditione Conzus such accounts of the good effects of particular ementatt. p. 7, &c.) The introduction of the gynmnloexercises, and they were practised so universally  paedia, which subsequently became of such importby all classes, that it cannot be supposed but they  ance as an institution for gymnastic and olchestic
must have been able to produce great antd good  performances, and for the cultivation of the pi)etic
effects.  However, from  an attentive perusal of and musical arts at Sparta, is generally   assignecd to
what we find on this sublject in the classical ari-  the year 665 B. c. (Compare MiAeursius, Orchestra,
thors, the reader can hardly fifil of being convinced. p. 12, &c.; Creuzer, Comalillentat. Hlerod. i. p 230;
that the aicients esteemed gymnastics too highly,  MUiller, Der. vol. ii. p. 350, &c.)     [L. S.]
just as the moderns too much neglect them; aind    GYNAECONI'TIS.   [DoMus, pp. 423that in this, as in many other matters, both in  425.]
medicine and philosophy, truth lies between the    GYNAECOINOMTI  or GYNAECOCOSMI.two extremes.                    L[Y. A. G.]    (yvicalcsdOiuot or yvvaLurocrcrcoeot), were magistrates
GYMNASTES.  [GYIMNASIUTjM, p. 581, b.]    at Athens, who superintended the conduct of AtheGYMNE'SII or GYMNE'TES (yv7/ji"reol, or nian women. (Pollux, viii. 112.)  We know little
ryuvMYTes), were a class of bond-slaves at Argos, of the duties of these offcers, and even the time
who may be compared with the Helots at Sparta.  when they were instituted is inot quite certain.
(Steph. Byz. s. v. Xios: Pollux, iii. 83.)  Their  BMckh (de Philoch. p. 24) has endeavoured to
name shows that they attended their masters on  show that they did not exist until the time of Demilitary service in the capacity of light-armled  metrius Phalereus, whereas, according to others,
troops.  Miiller (Dor. iii. 4. ~ 2) remarlks that it they were instituted by Solon, whose regulations
is to these gymnesii that the accomnt of Herodotus  concerning the female sex certainly rendered some
(vi. 83) refers, that 6000 of the citizens of Argos  special officers necessary for their maintenance.
having been slain in battle by Cleomenes, king of (Plut. Sol. 21; comp. Thirlwall, Hist. of Greeee,
Sparta (Id. vii. 148), the slaves got the govern-  vol. ii. p. 51.)  Their name is also mentioned by
ment into their own hands, and retained possession  Aristotle (Pol. iv. 12. p. 144, and vi. 5. p. 214.
of it until the sons of those who had fallen had  ed. Gottling) as something which he supposes
grown to manhood.  Afterwards, when the young  to be well known to his readers.  These circumcitizens had grown up, the slaves were compelled  stances induce us to think that the yvvazucor,aov,
by them to retire to Tiryns, and then after a long  as the superintendents of the conduct of women,
war, as it appears, were either driven from  the  existed ever since the time of Solon, but that their
territory, or again subdued.                       power was afterwards extended in such a manner
GYMNOPAE'DIA  (?yvtvowrasila), the festil  that they became a kinsd of police for the purpose
val of " naked youths," was celebrated at Sparta  of preventing any excesses or indecencies, whether
every year in honour of Apollo Pythaeus, Artemis, committed by men or by women. (See the Fragm.
and Leto.  The statues of these deities stood in a  of Timocles and Mlenander, ap. Athen. vi. p. 245,
part of the Agora called yoops, and it was around  where a Kavbs vo'/coS is mentioned as the source
these statues that, at the gymnopaedia, Spartan  from which they derived their increased power;
youths performed their choruses and dances in  compare Pinut. Sol. 21. infin.)  In their first and
honour of Apollo. (Pans. iii. 11. ~ 7.) The festival original capacity, therefore, they had to see that
lasted for several, perhaps for ten, days, and on  the regulations concerning the conduct of Athethe last day men also performed  choruses and  nian women were observed, and to punish any'dances in the theatre; and dulring these gymnastic  transgressions of them (Harpocrat. s. v."OrT XLilats:
exhibitions they sang the songs of Thaletas and  Hesych. s. v. IlATraTsos); in the latter capacity
Aleman, and the paeans of Dionysodotus.  The  they seem to have acted as ministers of the areoleader of the chorus (7rpoodrCTs or Xopsoroids)  plgus, and as such had to take care that decency
wore a kind of chaplet, called orE'qsavoe avpeaTeolf, and moderation were observed in private as welli
in commemoration of the victory of the Spartans  as in public.  Hence they superintended even the
at Thyrea.  This event seems to have been closely  meetings of friends in their private houses, e. g. at
connected with the gymnopaedia, for those Spartans weddings, and on other festive occasions. (Philoch.
who had fallen on that occasion were  alvays  ap. At/en. vi. p. 245.) Meetings of this kind were
praised in songs at this festival.  (Athen. xv. not allowed to consist of more than thirty persons,
p. 678; Plut. Aqesil. 29; Xen. Hell/ez. vi. 4. ~ 16; and the'yvvanuo4tnote had the right to enter any
Hesych. Suid. Etym. Mag. and Timaeus, Glossar. house and send away all the guests above that
s. v. rvPueoratlia.)  The boys in their dances per- number; and that they might be able, previous to
formed such rhythmical movements as resembled  entering a house, to form an estimate of the num-,he exercises of the palaestra and the pancration, her of persons assembled in it, the cooks who were




IHALITERRES.                                       Ii. RM AMAXA,.              585
engaged for the occasion had to give in their nalnes  in soilewhat the same ~manner as our dulamb-bells.
to the yVYatKoioL.  (Athen. 1. c.)  They had  (Martial, xiv. 49, vii. 67. 6; Pollux, iii. 155,:x.
also to punish those men who showed their effe-  64; graves maassae,  Juv. vii. 421; Senec. Ep. 15,
iinate character by frantic or immoderate wailing  56.)  Pausanias (v. 26. ~ 3, v. 27. ~ 8, vi. 3. ~ 4)
at their own or other persons' misfortunes. (Plnt.  speaks of certain statues of athletes who were re1. c.)  The number of these officers is unknown. presented with halteres.  They appear to have
MIeier (Altt. Proe. p. 97) thinks that they were  been made of various forms and sizes.  The pr6appointed by  lot; but Hermann  (Polit. Ant. cedingn woodcut is taken from Tassie, Calgt(lozne,
~ 150. n. 5), referring to Menander (Rl;et. de  &c. pl. 46, No. 7978.  (Mercurialis, De I.Arie
Encom. p. 105, ed. I-Ieeren.), reckons them among  Gymenastica, ii. 12; Becker,:allus, vol. i. p. 277;
those officers who were elected.        LL. S.]    Krause, Die Gymnastik end.c onistzik der tIIellenen,
vol. i. p. 395.)
HIAMAXA (a'lsta). [HARIMAMI.AXA; PLAUSTRUXI.]
IH.                           HAMAXO'PODES  (&l/aSord3es), in Latin,
ARBUSCULAE, appear to have been cylindrical
HABE'NAE  (,vL'a) were, generally speaking, pieces of wvood, placed vertically, and with a socket
leathern thongs, by means of which things were  cut in the lower end, to receive the upright pivot
held anld managed.  Hence the word was in par- fixed above a wvheel or above the middle of the
ticular applied-1. To the reins byrmeans of which  axis of a pair of wheels, which could thus turn
horses were guided and managed.  (Virg. dcn. x. horizontally in every direction.  One use of this
576, xi. 670, 765, xii. 327.)  The habenae were, sort of socket was to nIlite the axis of the foreas with us, fixed to the bit or bridle (f'aenuio).  wheels of a chariot to the body (Pollux, i. 14-i,
2. To the thongs attached to a lance, by which it 253; Hesych. s. v. a'ljalwro5es); anlother use of it
~was: held and wieldcd. (Lucan. vi. 221.)  [Com- was to attach the wheels of a testudo to the filaming'pare HASTA, p. 558, a.] 3. To the thong which was  in such a manner, that the nmachine might easily
formed into a sling, by means of which stones were  be moved in -any direction: in fLact, the alhlusacdet.thrown.  (Lucan. iii. 710; Valer. Flace. v. 609.) and the wheel together-formed a castor or universal
[FuNnA.]  4. To thongs by means of which the  joint.  (Vitrnv. x. 20. s. 14. ~ 1, ed. Schneid.).sandals were fastened to the feet. (Gellius, xiii. Newton (ad loc.) supposes that, for the latter pur-:21. 4.)  From this passage it is also clear that the  pose, a single piece of timber would be both clumsy
hiabenane in this case were not always:  made of and insufficient, and that the arbusczlca must have
leather, but of strings or chords, whence Gellius  been a sort of framing.  (See his figare, No.,calls them ctretes blabenee. 5. To the thongs formed  114.)                               [P. S.]
into a sconrge with which young slaves were chas-    HARMA (pfxa). [CURR s;          IIARMAITITAXa.]
tised.  (Horat. Elist.. ii. 2. 15.)  The commenta-    HARMAMAXA (&ap/4/aea) is evidently comtors on this passage, indeed, differ about the meaning  pounded of apua, a general term, including not
of habenae; but if we consider the expressions of only the Latin CuaRus, but other descriptions of
Ulpian (Dig. 29. tit. 5. s. 33), inmpuberes servi carriages for persons; and /AaS~a, which meant a
terreri tantu2r soloet, et cabenae velfe2'ula caecdi, it is  cart, having commonly four wheels, and used to
clear that the habena is the scourge itself.  (Comp. carry loads or burthens as well as persons.  (Hets.
Ov. Herid. ix. 81; Virg. Aen. vii. 380.) [L. S.]  Op. et Dies, 692; Hem. II. vii. 126, xxiv. 782.)
HABITA'TIO.  [SERVITUTES.]                       The harmamaxa was a carriage for persons, in its
HAERES.  [HERas.]                                construction very similar to the CArPErNTvui, being
HALIA  (Ala).  [AGoRA.]                         covered overhead and inclosed with curtains (Died.
I-ALMA  (dXNAa).  -[PENTATHLON.]               xi. 56; Charito, v. 2, 3), so as to be used at night
I1ALO1A  (&Xhoa).  [ALO.A.]                     as well as by day (Xen. Cyrop. iv. 2. ~ 15); but
HIALTE'RES (a.XT'pes) were certain masses  it was in general larger, often drawn by four horses,
(of stone or metal, which were used in the gymnastic  or other suitable quadrupeds, and attired with
ornaments more splendid, luxurious, and expensive, and in the Oriental style.  (Diod. xvii. 35 -
Aristoph. Achiacr. 70.)  It occupied among the
Persians (Max. Tyr. 34) the same place which the
carpentum  did among the Romans, being used,
~I/: /"      ~''             especially upon state occasions, for the conveyance
of women and children, of eunuchs, and of the sonls
I/ } t Os;  yS9of the king with their tutors.  (Herod. vii. 83, ix.
76; Xen. Cyp'op. iii. 1. ~ 8, iv. 3. ~ 1, vi. 4. ~ 11;
Q. Curt. iii. 3. ~ 23.)  Also, as persons might lie
in it at length, and it was made as commodious as
possible, it was used by the kings of Persia, and
by men of high rank in travelling by ilight, or in
any other circumstances when they wished to consult their ease and their pleasure. (Herod. vii. 41;
Xen. C(yrop. iii. 1. ~ 40.)
The body of Alexander the-Great was transported from Babylon to Alexandria in a magnifiexercises of the Greeks and Romans.  Persons  cent harmamaxa, the construction of which occupied
who practised leaping often performned their exer-  two years, and the description of which, with its
cises with halteres in both hands; but they were  paintings and ornaments in gold, silver, and ivory,
-also frequently used imerely to exercise the body  employed the pen of more than one histoiian.




586          tIARPAGINETULI.                                         H-ARUSPICES.
(Diod. xviii. 26-28; Athen. v. p. 206, e; Aelian,  pattern.  (See Schneider, Newton, andl the other
F. tI. xii. 64.)                                    commentators and translators, 1. c., and anI addition
The harmamaxa was occasionally used by the  by Bailey to the article in Forcellini.)   [P. S.]
ladies of Greece.  A  priestess of Diana is repre-    IIAIRPAGO  (4p7rd.rl: Xvicos: tepEtypa, dimn.
sented as riding in one which is drawn by two  rCpeaTypLS), a grappling-iron, a drag, a flesh-hoolk
white cows (Heliod. Aeth. iii. p. 133, ed. Com-  (Ev. xxvii. 3; 1 Sanm. ii. 13, 14. Sept.; Aristoliph.
melini), and the coins of Ephesus show, that this  Vesp. 1152; Anaxippus, ap. At/len. iv. p. 169, b.)
carriage, probably containing also symbols of the  The iron-fingered flesh-hook (cped-ypa trL67poa,;rri'attributes and worship of Diana, added to the  Xos, Brunck,Anal. ii. 215) is described by the Schosplendour of the  religious  processions in that  liast on Aristophanes (lEquit. 769), as " an illstrucity.                                   [J. Y.]    ment used in cookery, resembiing a hand with the
HIARMOSTAE (from a&pu6do, to fit or join to-  fingers bent inwards, used to take boiled meat out.gether) was the name of the governors wham  the  of the caldron."  Four specimens of it, in bronze,
Lacedaemonians, after the Peloponnesian war, sent are in the British Museum.  One of them is here
into their subject or conquered towns, partly to  represented.  Into its hollow  extrelnity a wooden
keep them in submission, and partly to abolish the  handle was inserted.
democratical form of government, and establish in
its stead one similar to their own.   (Diod. Sic.
xiv. 10; Xen. IlHelle. iv. 2. ~ 5; Isocrat. PaZ7eq.
p. 92; Suidas, H-esych. s. v.; Etylnol. lMeag. s. v.'EriaoreaO.ot.)  Although in many cases they wesre                                         
ostensibly sent for the purpose of abolishing the
tyrannical government of a town, and to restore
the people to freedom, yet they themselves acted
like kings or tyrants, whence Dionysius (Asstisq.    A similar instrument, or even the flesh-hook itRomt. v. p. 337, Sylburg) thinks that harmostae  self (Aristoph. IEccles. 994) was uised to draw up
was merely anlother name for kings.  How  little  a pail, or to recover any thing which had fallen
sincere the Lacedaemonlians were in their profes-  into a well. (Iesychius, s. vv.'Aprd'-y, Kpeaoypa,
sions to restore their subject towns to freedom was  Auscos.)
manifest after the peace of Antalcidass; for although  In fwar the grapplingr-iron, thrown at asl enemy's
they had pledged themselves to re-establish free  ship, seized the igging, and was then used to drag
governments in the vat'ious townls, yet they left the ship within reach, so that it might be easily
them  in the hands of the harmostae.  (Polyb. iv. boarded or destroyed. ("Aprae, Athen. v. p. 208,d.)
27.)  The character of their rule is sufficiently de-  These instruments appear to have been much the
scribed by the word icarXet', which Isocrates (1. c.)  samne as the msanscts f reace (manusferreae atque iarand Demosthenes (De Coron. p. 258) use in speak- peayonzes, Ces. B. C. i. 57; Q. Curt. iv. 9; Diion
ing of the harmostae. (Con-mpare Demosth. c. Tisno-  Cass. xlix. 3, 1. 32, 34).  The manussferrease were
crat. p. 740; Plut. NTastat. Araal. c. 3.)  Even  employed by the Consul Duilius against the Car.
Xenophon (De Rep. Lac. c. 14) could not help cen-  thaginians (Flor. ii. 2; Front. Strattag. ii. 3. ~ 24),
suring the Lacedaemonians for the mslaner in which  and were said to have been invented by Pericles.
they allowed their harmostne to govern.             (Pli.     N.  vii. 57.)                 [JY.]
It is uncertain how long the office. of an har-   HIARP'AS TUM  (ap7raeGdT,  from &pirdco) was
mostes lasted; but considering that a governor of a ball, used in a game of which we have no acthe same kind, who was appointed by the Lacedne-  curate account; but it appears both from the etymonians in Cythera, with the title of Cytherodices, mology of the aword and the statement of Galen
held his office only for one year (Thucyd. iv. 53),  (hrepL 1Urcpats 4rpaasc, c. 2. p. 902, ed. Kiihn),
it is not improbable that the office of haraostes was  that a ball was thrown among the players, each of
of the same duration.                   [L. S.]    vihomin endeavoured to  obtain  possession of it.
HARPAGES  GRAPHE  (.perayis  ypep/S).  (Comp. Pollux, ix. 105, 106; Athen. i. p. 14, f.)
This action seents, according to Lucian (Jud. Voc. HIence Martial (iv. 19. 6) speaks of the haaptst/a
c. i. vol. i. p. 82, ed. Heinesterh.), to have been  pulverzlezeta.  The game required a great deal of
applicable to cases of open robbery, attended with   bodily exertion.  (Martial, vii. 67. 4; conlp. xiv.
violence.  Under these circumstances the offenders  48.) (See Becker, Gacllus, vol. i. p. 276; Krause,
would be included in the class of traecoupyot, and  QGsnzsmsstik sisa/ Ayonistik der Hellen2en, vol. i. pp.
as such be tried be'ore a court under the con-  307, 3013.)
trol and management of the Elevren.  With respect    IIARU SPICES,  or ARU'SPICES,  were
to the punishment upon conviction, we have no  soothsayers or diviners, who interpreted the will
certain information, but there seems no reason to  of the gods.  They originally came to Rome firoo
doubt that it was capital, as in cases of burglary  Etruria, whence haruspices were often sent for by
and stealinig from  the person.  (Xen.  ieltm. i. 2. the Romans s on important occasions.  (Liv. xxvii.
~ 62.)                               [J. S. M.]    37; Cic. Cut. iii. 8, de Div. ii. 4.)   The art of
HARPAGINE'TULI, a sort of decorattion for  the haruspices resemllbled in many respects that of
the walls and ceilings of roomis, thus mentioned by  the augurs; but they never acquired that political
Vitruvius, in a passage where lie is speakisng of' inmportance which the latter possessed. and wero
irregular and fantastic ornaments (vii. 5. ~ 3),  regarded rather as ilmeans for ascertaining the will
"pro co/lusmnis erimsz staltmzlsur c/alsisi, profitstisiis  of the gods thaln as possessing any religious althocasdlrginetzsli strieti cessm crislpisfoliiset volstis tene-  rity.  They did not in fact form any part of the
ris."  The commentators have laboured in vain to  ecclesiastictl polity of the Roman state during thle
explain the term; and it is even very doubtful  republic; they are never called sacerdotes, they
whether the reading is correct.  As the word  did not form a collegium, and had no magister at
stands, it seems to refer to some sort of scroll-  their held.  The account of Dionysius (ii. 22),




HIASTA.                                             HASTA..587
that the haruspices were instituted by Romulus, and AX6yX-.  Even the more especial term  AEAta,
and that one was chosen from  each tribe, is op-  meaning an ash-tree, is used in the sanme mannel;
posed to all the other authorities, and is manifestly  because the pole of the spear was often the stem of a
incorrect.  In the time of the emperors, we read  young ash, stript of its bark and polished. (Ii. xix.
of a collegium or order of sixty haruspices (Tacit.  390, xx. 277, xxii. 328, Od. xxii. 259; Plin.
jAnn. xi. 15; Orelli, Iszscr. i. p. 399); but the time  HI. N. xvi. 24; Ovid, 3M1et. xii. 369.)  Ili like
of its institution is uncertain.  It has been sup. manner the spear is designated by the term icatCia
posed that such a collegium existed in the time of (Aesch. Ag. 65; Eurip. Hec. 1155, 1kloen. 1421;
Cicero, since he speaks of a siunzmus zmagister (de  Brunck, Anal. i. 191, 226; Ant. Sid. 34), meaningl
Div. ii. 24); but by this we are probably to un-  properly the strong tall reed of the south of Europe,
derstand not a iayister collegii, but merely the  which served both for spears and for various other
most eminent of the haruspices at the time.         uses. (Hes. Scut. 298; Schol. in loc.; Xen. de Ke
The art of the haruspices, which was called  Eqolest. xii. 12.)
zaruospicina, consisted in explaining and interpret-    The bottom  of the spear was often inclosed in
ing the will of the gods from the appearance of the  a pointed cap of bronze, called by the Ionic writers
entrails (exta) of animals offered in sacrifice, whence'avpoporrp (Homn. II. x. 153; Herod. vii. 40, 41;
they are sometimes called extispices, and their art  also Polyb. vi. 23), and oepaXos (II. xiii. 443,
exiispicium  (Cic. de Div. ii. 11; Suet. lNer. 56); xvi. 612, xvii. 528), and in Attic or common Greek
and also  from  lightning, ealthquakes, and  all  orSpae. (Xen. flellen. vi. 2. ~ 19; Athen. xii. p.
extraordinary phenomena in nature, to which the  514, b; Yrvpdctov,, Thuc. ii. 4; Aen. Tact. 18.)
general name of portenta was given. (Valer. Max.  By forcing this into the ground the spear was fixed
i. 1. ~ 1.)  Their art is said to have been invented  erect. (Virg. Aenz. xii. 130.)  Many of the lancers
by the Etruscan Tages (Cic. de Div. ii. 23; Festus,  (6opudpopot, aiXIuoSppoi, ~-XoXoe'poi, woodcut, p.
s. v. Tacges), and was contained in certain books  237), who accompanied the king of Persia, had,
called libsi haruspiCini, Jilofurales, and tonitrs2ales. instead of this spike at the bottom of their spears,
(Cic. de Div. i. 33; conlpare Macrob. SaturnL. iii. anl apple or a pomegranate, either gilt or silvered.
7).                                                 (Herod.; Athen.; II. cc.)  With this, or a similar
This art was considered by the Romans so im-  ornament, the spear is often terminated both on
portant at one time, that the senate decreed that a  Persian and Egyptian monuments.  Fig. 1. in the
certain number of young Etruscans, belonging to  annexed woodcut shows the top and bottom of a
the principal families in the state, should always  spear, which is held by one of the king's guards in
be instructed in it. (Cic. deDiv. i. 41.)  Niebuhr  the sculptures at Persepolis.  (Sir It. K. Porter's
appears to be mistaken in supposing the passage in  T?'avels, vol. i. p. 601.)  It may be compared with
Cicero to refer to the children of Roman families.  those in the hand of the Greek warrior at p. 135,
(See Orelli, ad loc.)  The senate sometimes con-  which have the spike at the bottom. The spike at
sulted the haruspices (Cic. de Div. i. 43, ii. 35; the bottom of the spear was used in fighting by
Liv-. xxvii. 37), as did also private persons.  (Cic. the Greeks and Romans, when the head was
de Div. ii. 29.)  In later times, however, their art broken off.  (Polyb. vi. 25.)
fell into disrepute among well-educated Romans;    A well-finished spear was kept in a case (&opaand Cicero (de Div. ii. 24) relates a saying of  roOclj), which, on account of its form, is called
Cato, that he wondered that one haruspex did not by Homer a pipe (oVpty, II. xix. 387).
laugh when he saw another.  The Emperor Clau-    The spear was used as a weapon of attack in
dius attempted to revive the study of the art,  three different ways: — 1. It was thrown from catawhich had then become neglected; and the senate, pults and other engines [TORimENTUM]. 2. It was
under his directions, passed a decree that the  thrust forward as a pike.  In this imanner Achilles
pontifices should examine what parts of it should
be retained aIld established (Tacit. Ann. xi. 15)j
but we do not know what effect this decree produced.
The name of haruspex is sometimes applied to
any kind of soothsayer or prophet (Prop. iii. 13.
59); wvhence Juvenal (vi. 550) speaks of Armle- 
ziuzs vel C07mm7agcUS   haruispex.
The latter part of the word haruspex contains
the root sFec; and Donatus (ad Ter. Phorm. iv.
4. 28) derives the former part from  hadro/a, a
victim.  Compare Festus, s. v. FtIarvi~ga, and Varro,
De Linzg. Lat. v. 98, ed. MUiller. (Gdttling, Gescl.
der Rom. Staatsv. p. 213; Walter, Gesclh. des R1ol.
Beechts, ~~ 142, 770, 2nd ed.; Brissonlius, De Forullis, i. 29, &c.)
HASTA (?yXos, a7-rdov), a spear.  The spear
is defined by Homer, 84pv Xoa Xcpes, " a pole fitted
with bronze" (II. vi. 3), and Udpu xaXAcoCa'pes,
W" a pole heavy with bronze " (Od. xi. 531).  The
bronze, for which iron was afterwards substituted,
was indispensable to form the point (aleXxu, dacwmcic),
Homer; A6yX?1, Xenophon; cties, cuspis, spic-                                    3    4
luIZ, Ovid, JMet. viii. 375) of the spear.  Each of
these two essential parts is often put for the whole,  killed  Hector by piercing him  with his spear
so that a spear is called 86pv and aopcriov, aeX/,u,  through the mneck. (II. xxii. 326.)  The Euboeans




8588                 IIASTA.                       tlASTA.
iwere particularly colebrated as pikemen.  (Homn.  xi. 1. 3.)  This weapon was used by the: recian
II. ii. 543.)  3. It was commonly thrown by the  horsemen (Polyb. vi. 23); and by means of' an
hand.  The Homeric liero generally went to the  appendage to it, which is supposed by Stuart (Ant.
field -vith two spears.  (Hom. 11. iii. 18, x. 76, of' Athlens, vol. iii. p. 47; woodcut, fig. 2) to be exxii. 298; Pind. Pyth. iv. 139.)  On approaching  hibited on the shafts of three spears in an ancimnt
the enemy he first threw either one spear or both, bas-relief, they mounted their horses with greater
and then on coming to close cquarters drew his  facility.  (Xen -de Re Re  qlest. vii. xii.)'sWord.   (Hom. 1. iii. 340, xvii. 530, -xx. 27-3   1PilsaRi (U'cOs), the javelin, much thicker and'284.)  The spear frequently had a leathern thong  stronger than the Grecian lance (Flor. ii. 7), as
tied to the middle of the shaft, which was called  may be seen on comparing the woodcnts at pp. 135
*ay/cvdXe  by  the Greeks, and acmenztzsn   by  the  and 136.  Its shaft, often maLde of corlel (Vir.
1oriomns, and which was of assistance in throwing  Aen. ix. 698; Ovid, Alet. viii. 408), was four and
the spear.  (Pollhx, i. 136; Schol. ad Em2ip. Orest. a half feet (three cubits) long, and the barbed iron
-1477; Xen. Ancti. iv. 2. ~ 28; Virg. Aen. ix. 665;  heIld cwas of the same lenoth, but this extended'Ov. AMet. xii. 321; Cic. de Orat. i. 57.)  The an-  half way down the shaft, to which it waxs attached
ncsed figure, taken from Sir WV. Hamilton's Etrus-  with extreme care, so that the whole lelngth of
call Vases (iii. pl. 33), represents the amentum   th~ weapon was about six feet nine inches.  Each,attached to the spear at the centre of gravity, a  soldier carried two. (Polyb. vi. 23.)  [ExERCITsUS,
little above the middle.                             p. 497, a.]  It was used either to thiow  or to
thrust with; it was peculiar to the Ronmans, andl
gave the nllame of pillcni to the division ot' the arniy
by which it was ad,pted.  When,ai]lritis foig'hr.t
cgainst tie Cimbri, he ordered that of the two nails
or piis (7repoveat) by wvhich the head wa's filstened
to the ctaff, one should be of iron and the otlher -of
wrood.' The consecquence was, thlat, wlen the piltln
struck the shields of. the enein, the woodenl nllil
broke, and as the iron head was thus bent, the spear,'owving to the twist in the metal part, still held to tlle'shield and so dragged along the ground.  (PlLt.
7A /-( l 7\r7                  Mosa'c. 25.)
W  1thilst the heavy.-armed Roman'soldiers borJ-            >              ^// \^>tthe long lance and the thick and ponderous javelin,
the  light-armedl used  smaller missiles,  wlich,'}             i ~(6//7/il;Jthough of different kinds, were included under the
greneral term  hastae velitares (Liv. xxxviii.: 20;
Plin. H. N. xxviii. 6).  From  yporopos; the co,respondino Greek term  (Polyb. i. 40; Strabo, iv.
4. ~ 3), the'velites, or light armed, are callled by
Polybius?ypocodXaXoli (vi. 19, 20). Accordinl to
his description the' ypooos- was a darlt,  wtith a
shaft about three-feet-long and an inch in:thickness: the iron head -'asa span long, and so tlin
uand acieminated as to be bent by striking a.lrlilist
any:thing, and' thus rendered unfit to be selrt blac-k
aainst the enemy. Fig. 3, in the preceding wovoccut shows one which was found, with necarly four
hundrecli others, -in  a' Roman  entrenchlmeilt   at
5W'e are not informed howv the anmenturn added  lMeon Hill, in Gloucestershire. (Skielton's EL/gciuvced
to the effect of throwing the lance; perhaps it was Illustraltionss, vol. i. pl. 45.)
by giving it rotation, and hence a greater degree of    The light infantry of the Roman army'used a
steadiness and directness in its flight, as in the  similar weapon, called a spit (veris, 7-elstol,  Liv.
case of a ball, shot from a rifle gun.  This supposi- xxi. 55;  eavvisov, Died. Sic. xiv. 27; Festus, s:'.
tion both suits the expressions relative to the in- ScalnZites).  It  was adopted  by them  fioin lthe
sertion of the fingers, and accounts for the frequent Sarmnites (Virg. Aen. vii. 665), and -the Vrolsci
use of the verb torquere, to wrhirl, or txwist, in con- (Geeog. ii.'168).  Its' shaft was 3- feet long, its
nection with this subject.  We also find mention  point five inches.  (Veget. ii. 15.)  Fig. 4, in' thl
in the Latin grammarians of Hastae'ansctace, and  preceding woodcut, Iepresents the head of a dart
Elnius speaks of Ansstis concusazlnt -u2ldiq/e telis  in the Reo-al Collection at Naples; it may be tacken
(Macrob. Sait. vYi. 1).  The aznsct was probably the  as a specimen' of the verittuez, and may be consatme as the amentum, and wvas so called as being  trasted with fig. 5, which is the head of a lanceiit
the part which the soldier laid hold of in hurling  the same collection.  The Romans adopted in-like
the spear.                                           mannler the gaeszsn, which was properly a Celtic
Under the general terms  loesta anIli lyXoT were -weapon (Liv. xxviii. 45); it was given as a reward
included various kinds of missiles, of which the  to any soldier who wounded an enemy.:-(Poiyb.
principal were as follow:                            vi. 37.)  Spc.arts is evidently the same  word ivIth
L., cea (k6YX-r,I Festus, s. v. Lae2cea.), the lance, the Englislh spar and specas.  It wxas the rudest
a comlparatively slender spear conlmonly used by  missile of tihe whole class, and. only used -when
the Greeks;  Iphicrates,. who doubled the length  better-could not-be obtained. (Virg. Aen. xi. 682,
of the'sw\oord [GLAi'IuS], also added greatly to th3  Serv. in loc.;e  Nepos, xv. 9. ~ 1; Sall-astj Cat. 56;'dimensions of the lance.  (Dioed.' xv.'4":  Nep. Gell.-x. 25.)




IIASTA.                                              HECTE.                     589
-Besides the terms jaculum and spicumzllss  (lKucY',:  It was also the practice to set up a. spear in the
lcJ]rrie)ef, wrhichk probably denoted darts, resem-   court of the CENTUsIVIRx.
hlbiig inm form  the lance and jaxvelin, but imuch      The throwing of spears (srovriycd4s).vwas one of
smllaalle.iadapted consequently to the light-armed  the gymnastic exercises.of'the Greeks, and is de-.
(;atculatot es),.and. used in huinting  as well as in. scribed at length by Kranse (Gynznastil; und Aqyon,.
battle (Thucyd. ii. 4; Virg. Aen. ix. 5.2; Serv. ni  istil deir Hellezlen, vol. i. p. 465, &c.).  [J. YJ]
loe.; Ov-id. Mfet. viii. 411' Cic. ad Farn. v. 12;    HASTA'TI.  [EERCITUS, pp.494-496,501,
1!o. ii. ii7),ve find in classical authors the names  02.1
ao  -aiouls  othec spears, which were characteristic   IHECATOMBAEA.  [HERAEA..]
of parnticnlar nations; Thus, Servius states (ic Aen.    IIECATOMBAEON..                 [CALENDARiUM,
-%ii. -664) that, as thei pilums Was proper to the  GRaEIE.]
1amIimlS,    and the..gaescuc  to the Gaunls, so the  HECATOMBE.  [SAcRFIcIrUM.]
sa: iss exwas the spear peculiar to the Macedonians.    HECATOMPEDON.  [PES; TEMPLUM.]..
lihis-was used both.to throw and as a pike.  It    IIECATOSTE  (E1aeteo-Ti').  [PENTECOSTE:.].
exceeded in length all other missiles.  [See p.    HECTE or HECTEUS  (ec1r7, lrCTeVs),. and.
488,ar.]  It was made of cornel, the tall dense  its ialf, H6leciectos or Henziecteon (1desavrro, eLsc-.
stem of- which also served to make spears of other  E'rce;), are terms which occur, in more than one.
ki!nds.- (Theoph.-H. P. iii. 12.-2; cadpieaa, Arrian,  sense, in the Greek metrical system, and are interTCcct., tcpavE'Ya, Xen. de Re Equest. xii. 12.)  The. esting on acconnt of the examples they furnish of.
Thracian rompwplea,  rwhich had a very loung  point,  the duodecimal division.
like the blade of a sword.(Val. Flac. vi. 98;    1. In dry measures, the hecteus wvas the sixth
mruicpia,  Gill. t. c.; peogqala, Apoc. i. 16 ), was pro-  part of the 2sedsinnss,, and the heccziecteon, of course,
bably not unlike the sarissa; since Livy asserts  the tweifth part.  (Aristoph. Eccl. 547, Ntb. 638,(x.xsxi..39), that in a country partly covered withl  645.) The deecezs was equal to the Roman meodizes,..
xosod the Macedonian phalanx was ineffective on  as each contained 16  e'rTat. or sextarii..(Bicklh,
tccount of -their praelongaue dastae, and that the  ilietsol, Unterssuc.  pp. 33, 200.)?olnphaea of the Thracians was a hindrance for the      2. The EIecte or. Hectems and Hemnziecton were also.
scan13 reason.  With these weapons we may also  the names of coins, but the accounts we have of.
c!a'ss the Ilvlrian s-lina, which resembled a hunting-  their value are very various.  The only consistent
pole.  (Fesatus, s. v.; rr~sviov, Polyb. ai. 21; sibon,  explanation is, that there were different hectae, deGell; 1.   Anc.; At. Sid. 13.)                       rived from different units; in fact, that these coins
I'he iron  head  of the German spear, called  xwere not properly denozoinations of money, but sub-.iclmeae,  -as -short and narrow,  but very sharp.  diviisions of the recognised denominations.  This.
The Germans used it with great effect either as  view is confirmed by the statement of Hesychius,
a lance or a pike: they aave to each youth  a  that the words icry,'pi-r, and  serpvx were apfIainea and a shlield on comingc of age. (Tacit. Ger-sm.  plied to coins of gold, silver, and copper; that is
6, ] 3, 1 8, 24; Ju..  xiii. 79.)  The I`k airicoa or  xwe think, that the various denominations of money
_I'dlciaccai b  wxa s the  spenr of the Saguntines, and xwas  were subdivided for convenience into thirds, fourths,
i pilled by the aid of t\isted ropes; it was large  and sixths, which would be of gold, silver, and
aind ponlderous, hacving a head of iron a cubit in  copper, according to the value of their respective.
len;ltlh, and a ball of lead at its other end; it some-  units. (Hesych. s. v. EKIrC/.) Now, since the drachma
timles carried tlaining pitch and tow.  (Liv. xxi. 8,  was the unit of the silver coinages, which chiefly
Xlsxi\. 18; Virg. Aean. ix. 706;OG  Lucan, vi. 198; Sil.  prevailed in- Greece, we might expect, a priori,
Ital. i. 351;- (e11. 1. c.; Isid. Orig. xviii. 7; Grat.  that the common dee'tecs would be the sixth of a:
(aiisc.  3'y4e2. 34-2.)  The llatarc  and itIra',Lkc were  drachma, that- is, an  obol; and that there was
chiefloy lsed in Gaul and Spain: the tragula was  such a dcteus, is expressly stated by Hlesychius,
piol.cably barled, as it required to be cut out of the  xWho gives ctuiweAiov as the equivalent of iu1eiscEcY-:
wound.  (P1tcut. Cbs. ii. 4. 18, E.Dcid. v. 2. 25;  (s. v.). But then from a- passage of the conic poet
Caes. B. G. i. 26, v. 35; Gell. 1. c.)   The Aclis  Crates  (Pollux, ix. 374), we learn  that the
and' Cuctei-i  were much smaller missiles.  (Virg. iecierctsz  of gold was eight obols, the natural in4Ae~. vii.  730, 741.)                               terpretation of which is, that it was eqsual icz value
Aimong the decorations which the Roman gene. to eglgt silver obols or (according to Mr. Hussey's
rals lbestowved on their soldiers, more especially for  computation of the draclhna),  a little more than 13d.,
sacinlg  the life of a fellowv-citizen.  ias a spear  which is certainly a very snmall value for a gold
xvithotut a hlead, called hastac piura.  (Virg. Aecz. vi.  coin.  This objection Bockh meets by supposiilg
7(61;  S rv. inz loc.; Festus,  s. v. aI-zsta; Sueton.  that the gold had a very large mixture of alloy;
Clz'ccl. 22; Tacit. Ad1m. iii. 21.)  The gift of it is  and tlhe probability of this xwill appear further presonetinimes recorded in funereal inscriptions.       sently.  This stater could not have been an Attic']le celibaris hasita. (Festus, s. v.), having been  coin, for at that time Athens had no gold money:
fixed into the body of a gladiator lying dead on  the question therefore arises, to what foreign state
the arecca, awas used at nmarr'ages  to part the hair  did it belong?  Now,  anionc the foreign staters,
of the bride.  (Ovid, Fatst. ii. 560.)               which were current at Athens in the fifth centeury
A spear Lvas erected at auctions [AUcTIo], and  B. C., that of Phocaea is frequently mentioned, and
when tmenders wvere received for public offices ([ocC-  an inscription exists (found in the Acropolis) in
tioses).  It served both to announce, by a conven-  which, among certain offerings, we fiud PFzOCcaea(Z
tional sign conlspicuous at a distance, that a sale  staters, and ic-rt,m  ooiocai'sS (Bbckh, Coip. Inzscr.
5was going on, and to show that it was conducted  No. 150, lines 41, 43, vol. i. pp. 231, 236. ~~ 19,
under the authority of the public functionaries.  22: the hasty conjecture that these  icrera must have
(Cic. Offic. ii. 8; Nepos, Attic. 6; Festus, s. v.  Ibeen of silver, is corrected by Bdckh himself, in
Hlaste.)  Hence an auction was called hastc., and  his J-tetc-ologiscle Ufsterssuceglenm, p. 1 35). Little
an auction-room  lhastariume.  (Tertull. Apol. 13.)  doubt can remain that these CtraTr  were the siaxthL




0PI              I IHELEPOLIS.                                  HELLEN OTAM IAE.
and the heJlne)icta of Crates the twefith of the Pho- -It was manned with 200 soldiers, besides those
caean stater. The weight of the heiniecton would be  who moved it by pushing the parallel beams at the
a little less than that of the Attic obol; and their  bottom.  (Diod. xx. 48.)
ralue would therefore give a ratio of gold to silver,    At the siege of Rhodes, 3. c. 306, Demetrius
as 8 to I, a low value for gold, it is true, but one  employed an helepolis of still greater dimensions
easily explained by the fact, conjectured by Bockh,  and more complicated construction. Besides wheels
and distinctly stated by Hesychius (s. v. C, cats),  it had castors (hv'rtnrpOrTra), so as to admit of
that the Phocaean gold money was very base: this  being moved laterally as well as directly.  Its
fact also will explain the light weight of the coin  form was pyramidal.  The three sides which were
as compared with the Attic obol.  The result of exposed  to attack, were rendered fire-proof by
this somewhat intricate discussion seems to us both  being covered with iron plates.  In front each
clear and consistent: namely, that the standard  story had port-holes, which were adapted to the
weight, the drachma, was divided, on the duodeci-  several kinds of missiles, and were furnished with
mal system, into sixtlss (imcTal or 6~o;ol), and  shutters that could be opened or closed at pleasure,
twelfths, slfK1'Ta: that Athens had silver coins of and were made of skins stuffed with wool.  Each
these weights: and that, in those states which  story had two broad flights of steps, the one for
used a gold coinage, of which the unit was a staler  ascending, the other for descending. (Diod. xx. 91;
equal (generally) in weight to two dracl7smae  and in  compare Vitruv. x. 22.)  This helepolis was convaluze to twetnty, this stater was subjected to a simi-  structed by Epimachus the Athenian; and a much
lar duodecimal division, by which the sixth (itcrl  esteemed description of it was written by Dioeclides
or'IT'evs) became in weight a piece of two olols, of Abdera. (Athen. v. p. 206, d.) It was no doubt
and the tcvelfth (4/ieKETOv) a piece of one olol.  the greatest and most remarkable engine of the kind
The values of these coins (according to the average  that was ever erected.   In subsequent ages we
ratio of the value of gold to that of silver, namely  find the name of " helepolis " applied to moving
10: 1) would have been 20 obots and 10 obols re. towers which carried battering rams, as well as
spectively; but those of Phocaea were so light and  machines for thi'owing  spears and stones.  (Amnm.
debased, that they were only worth 16 and 8 respec-  Marcell. xxiii.; Agathias, i. 18. p. 30, ed. Ven.;
tively of the obols of Athens, whose coinage was  Nicet. Chon. Jo. Cosmmenezs, p. 14, b.)  Towers
proverbially pure.                     [P. S.]    of this description were used to destroy the walls
HECTEMO'RII (i7c'rudpILt), a name given  of Jenlsalem, when it was taken by the Romans.
to the poor citizens of Attica before the time of  (Jos. B. J. ii. 19. ~ 9, iii. 6. ~ 2.) [ARiES; ToeSolon, who cultivated the fields of the rich and  aItENTUtA.]                              [J. Y.]
received only a sixth part (hence their name) of    HELIAEA.  [DIcASTERIONT.]
the produce.  (Hesych. s.v. EKIcTrdpOl; Eustath.   HIELIOCAMI'NUS.  [DoMus, p. 432, b.]
ad Homn. Od. xix. 28. p. 680. 49, ed. Basil. p. 1854,    HELIX (Eih`), anythingof aspiral form,whether
ed. Rom.)  Plutarch (Solon, 13) seems to have  in one plane, as the spiral curve, or in different
made a mistake in stating that they paid a sixth  planes, as the screw.
portion to their masters, and retained five-sixths    1. In architecture, the spiral volutes of the Ionic
themselves.  (Comp.  Schlmann,  De;,5zitiis,   and Corinthian capitals.  The Roman architects,
p. 362, Antiq. Juz.r. Puall. Gracc. p. 169; I-Iermann,  while they used the word volhutae for the angular
Lehrbutch d. Griech. Staatsalterth. ~ 101, n. 10.)    spirals, retained the term helices for the smaller
HEDNA (FaGa).  [Dos.]                            spirnls in the middle of each face of the Corinthian
IIEGEMO'NIA  DICASTE'RIOU  (jye7ytoia  capital. (Vitruv. iv. 1. ~ 12.)
&tKavOTnpio u).  [EISAcGOGEIS.]                       2. In mechanics, the word designates the screw
HEGETO'RIA.  [PLYNTERItA.]                       in its various applications; but its chief use was
HEIRGMOU   GRAPHE' (eipyuLOv'ypap').  to describe a macliine used for pushing or drawing
This was an action for false imprisonnlent of a free  ships in the water from the beach, which was said
citizen or stranger, and keeping such person in  to havebeen invented by Archimedes.  (Athen. v.
private custody.  There are no orations upon this  p. 207, a., with Casaubon's Notes.)     [P. S.]
subject extant, nor indeed any direct allusions to    IIELLANO'DICAE ('EAXavoimtcaL), the judges
it by name; but it is hinted at as a remedy that  in the Olympic games, of whom  an account is
might have been adopted by Agatharchus, the  given under O.LYMPIA.  The same name was also
painter, for the restraint put up:)n his personal  givenl to the judges or court-martial in the Laceliberty by Alcibiades (Andoc. c. Ale. p. 119); and  daemonian army (Xen. Rep. Lac. xiii. i1); and
in a passage of Deinarchus (c. Demn. 17), where a  they were probably first called by this name
miller is mentioned to have incurred capital punish-  when Sparta was at the head of the Greek conment for a like offence.  The thesmotlletale pro-  federacy.
bably presided in the court before which offenders    HELLENOTA'MIAE   ('EhAXViora/Salt),  or
of this kind were brought to trial.  (Meier, Att.  treasurers of the Greeks, were magistrates apProc. p. 332.)                       [J. S. M.1]    pointed by the Athenians to receive the contribuHELE'POLIS  (E.E7rokXs).  When Demetriuis  tions of the allied states. They were first appointed
Poiiorcetes besieged Salamis, in Cyprus, he caused  a. c. 477, when Athens, in consequence of the
a machine to be constructed,  which he called "the  conduct of Pausanias, had obtained the command
taker of cities."  Its form  was that of a square  of the allied states.  The money paid by the diftower, each side being 90 cubits high and 45 wide. ferent states, which was originally fixed at 460
It rested on four wheels, each eight cumbits hioh. talents, was deposited in Delos, which was the
It iwas divided into nine stories, the lower of place of meeting for the discussion of all common
which  contained  machines for throwing  great interests; and there can be no doubt that the
stones, the middle large catapults for throwing  hellenotamiae not only received, butt were also the
spears, anld the highest, other machines for throwing  guardians of these monies, which were called by
mai!ller stonles, together with smaller catapults.  Xenophon (dce 7ectig.. 5)'EAA7X-r,,O0nPa.s. (Thiuc




TIELOTES.                                            HELOTES.                     591I. 96; Plut. Aristid. 24; Andoc. de Pace, p. 107.) j called E'XArcTes, but'ENXeZo  (Strab. I.c.) or'EA.caThe office was  retained after the treasury was  Tal (Athen. vi. p. 271).   The naule has beer
transferred to Athens on the proposal of the Sa- also derived from  E'Ar, marsshes, as if it signified
tmians (Plut. Aristid. 25; Dioed. xii. 38),  but ineabitanfs of te lowlcan2ds.  But MIUiller seems to
was of course abolished on the conquest of Athens  be nearer the mark in explaining EIXW'IXES as meanby the Lacedaemuonians.  The Hellenotamia; e were  ing prisoners, from  the root of iXec', to take, like
not reappointed after the restoration of the demo- /I 8es from the root of baudw.  I-He supposes that
cracy; for which reason the grmmlnarians afford  they were an aboriginal race, who were subdued at
tis  little  information   respecting  their duties. a very early period, and who naturally passed over
IBickh, however, concludes from inscriptions that as slaves to the Doric conquerors.  It is objected
they were probably tell in number, chosen by lot, by Thirlwall that this theory does not account for
like the treasurers of the gods, out of the Pentaco-  tile hereditary enmity between them  and their
siomedimni, and that they did not enter upon their  masters; for unless they lost their liberty by the
office at the beginning of the year, but after the  Dorian conquest, there is no probability that it
Panathena':a and the first Pry taneils. With regard  placed them in a worse condition than before. But
to their duties, Bickh supposes that they remained  to this objection, we may oppose the acute observtreasurers of the monies collected fiom  the'allies,  ation of Grote, that those dangers from the servile
and that payments for certain objects weree,ssigned  population, the dread of which is the only probable
to them. In the first place they woluld of course  cause that can be assigned for the cruelty of the
pay the expenses of wars in the common cause, as  Spartans, and the consequent resentment of the
the contributions were originally designed for that IHelots, "did not become serious until after the
purpoe e; but as the Athenians ill course of time  Mlessenian war -  nor indeed until after the gradual
considered the money as their own propert-, thle  diminution of the number of Spartan citizens had
Hellenotamiiae had to pay the Theoricr   anid mili- made itself felt."
tary expenses not connected with wars oil behalf    At the end of the second Messenian  war (B. c.
of the common cause.  (icklih, FPois. lcozt. of  66), the conquered Messenians were reduced to
Atilens, p. 176, 2nd ed.; C(oa?. iso rip2).  No. 147.)  slavery, and included under the denomination of
1ELLO'TIA.  [EILOTIA.]                           HIelots. Their condition appears to have been the
IIELO'TES (Ei'XTrcS, the Latin form  Ilotae is  sianle, with some slight differences, as that of the
also used, Liv. xxxiv. 27), were a class of bonds-  other Helots.  But, in addition to that rememmen sublject to Sparta.  lihe whole of the ilihabit-  brance of their fieedom, which made not only them,
ants of Laconlia were included ill the three classes  but, through their influence, the whole class of
of Spartans, Perioeci, and Helots, of wholm the  Ilelots more and more dangerous to their masters,
1-elots were the lowest.  They formed the rustic  they preserved the recollection of their national expopulation, as distinguished both from  the inhabit- istence, and -ere ready to seize any opportunity of
ants of Sparta itself, and fi'om the Perioeci who  regaining  it,; until, at length, the policy of Epamidwelt in the large towns. (Liv. 1. c.)  Their con- nlondas, after the battle of Leuctra, restored the
dition was that of serfs attachled to the lsnd, al- imain bodv of these Messenianl Ielots to their
seriptiglebae; and theyr appear to have been the oly  country, w here they ino doubt formed the chief part
class ofslaves saiong tle lacedtnemo nianis. Differeint of the popuilation of the new  city of Messene.
etymologies are giv-e  of their namlle. The colismon  (Thirlwall, l:iust. of Greece, vol. v. pp. 104, 10.5.)
account is, that they were oliginally the Aclalean    The IIelots were regarded as the property of the
inhabitants of the town of IHelos in Laconia, Wilo, state, whichl, while it gave their services to indivihaving been the last to submitto the Dorian ilnvalders, du!s, reserved to itself the power of emancipating
and thatonly aftera desperate struggle, were rednced   thesl. (1'lshorus, alp Stroll. 1. c.; Paus. 1. c.) They
bythe victorsto slavery. (Pas. iii. 20. ~ 6; Ila-rpocr. were  attached to the land, and could not be sold
s.v. erAXorTEVeL, who cites Hellaniciss as his autilo- away  from it.  Several families, as many perhaps
pity). Another account, preserved by Athenaeus  as six or seven, resided on each tiA2pos, in dwellfrom Theopompis, represelnts theml  as the general inl-s of their own, either in detached farms or in
body of the ancient AchaeLan popuiation of Laconia,  villages.  l'hey cltivated the land and paid to
reduced to slavery by the Dorians, like the Penestae  their Inasters as rent a fixed measure of corn, the
in Thessaly. (Ath. vi. p. 2G5, c.)  The statement exact amount of which had been fixed at a very
of Ephorus, again, preserved by Strabo, lhas some- early period, the raising of that amount being forthing in common witl both the other stories; for,  bidden under heavy imprecations. (Plut. Inst. Lac.
according to it, tile original inhabitanllts of the  sp. 25.)  The annual rent paid for each KkA'pos
country, when subdued by the Dorians,  were at was eighty-to mcedimnii of barley, and a proporfirst permitted to enjoy asu equality of ci-il and  tionate quantity of oil and wine.  (Plut. Lce. 8.
political rights with their conqulerors, cand were  24.)  The domestic servants of the Spartans were
calleel H-elots; but they were  deprived of their all Helots.  They attended on their mastters at t~he
equlal status by Agis, the son of Eurysthenes, who public meal; and many of them  were no doubt
miade them  pay tribute: this decree swas resisted  emplovyed by the state in public works.
only by the people of Helos ('EXesor ol iEXOvTes Tb    In war thie Helots served as light-armed troops
"EXos), who rebelled and were reduced to shlavery  ([AIxot), a certain number of them attending every
under certain conditions.  (Strab. viii. p. 365.)  heavy-armed Spartan to the field; at the battle of
Nosw, all these theories (for such they are) rest on  Plataeae, there were seven Helots to each Sparthe doubtful foundation of the historical trumth of the  tan, and onle to every hoplite of the Perioeci.
circumstances attending the Dorian invasion, and  (I-Icrod. ix. 10. 28.)  These attendants were prothe connection of thle name with Helos is not only  bably called auLr'Trapes (i. e. haespls'aveT's, Hesych.
a manifest invention, opposed to the best autho- s. v.), and one of them in particular, the Sepdrwov,
rities (Theopomp. Eph. ll. cc.), but is  etymolo-  or serv;ant (Herod. vii. 229; Sturz. Lee. Xen. s. v.);
gically  fisultyr, for the people of "EAos were not though aep'ictev Wits also used by the Dorians as,




) 2               RItELOTEl'.                                        HEMINA.
a general name for armeodslaves.  The Ilelots only'r Teps were those employed in war; the Ea'rroio'voa
s8orved as hoplites in particular emergencies; and  raL served on board the fleet; and the VEoseatiWaEs
onl such occasions they were generally emancipated,  were those who had been possessed of freedom for
if t!ley showed distinguished bravery.  The first some time.  Besirles these there were the /doeOwEs.
instance of this kind was in the expedition of Bra-  or gldasces, who were domestic slaves, brought up
sidas, B. C. 424. (Thucyd. iv. 80, v. 34, vii. 19.)   with the young Spartans, and then emancipated.
The treatment to which the Helots were sub-  Upon being emancipated they received permission
jected, as described by the later Greek writers, is  to dwell where they wished.  [Compare CIVIrAS
marked by the most wanton cruelty.  Thus -Myron  (Greek), p. 290.]
states that " the Spartans impose upon them every    (Aliller, Dorians, iii. 3; I-ermann, Politicat
ignominious service, for they compel them to wear Antiquities of Greece, ~~ 19, 24, 28, 30, 48; AVaclsa cap of dog's skin, and to be clothed with a gar-  muth, IIelle2. Alterlh. 2d ed. see Index; Manso,
spent of sheep's skin, and to have stripes inflicted  Spartc, see Index; Thirlwall's RIist. of Greece,
upon them every year for no fault, that they may  vol. i. pp. 309-313; Grote, HIist. of Greece, vol. ii.
never forget that they are slaves.  And besides all pp. 494-499.)                          [P. S.]
this, if any rise by their qualities above the condi-    HE'MERA ('jsiupa). [DIEs.]
tioil of a. slave, they appoint death as the penalty,    HEMERODRlOMI (1fuepospd/uoi), were cou.
anld their masters are liable to punishment if they  riers in the Greek states, who could keep on
do not destroy the most excellent." (Athen. xiv. running all day, and were often employed to carry
p, 6.57.)  And Plutarch (Lyc. 28) states that He-  news of important events.  As the Greeks had no
lqts were forced to intoxicate themselves, and per-  system of posts, ansd but few roads, such messenform indecent dances as a warning to the Spartan  gers must have been of great service.  They weree
youth.. These statements must be received with  trained for the purpose, and could perform  the
some caution.  There is no evidence that they are  longest journeys in an almost inlcredibly short space
true of the period before the Messenian wars; nor  of time. (Herod. vi. 105; Corn. Nep. Mlilt. 4; Plut.
can we- believe that such wanton and impolitic op- Arist. 20; Paus. vi. 16. ~ 5.)   Such couriers appressions, provocations, and destruction of a valu- pear to have been kept by most of the Greek
able servile population formled any part of the ori-  states, and were in times of danger stationed on
ginal system  of Lycurgus.  Whllat has been said  some eminence in order to observe any thing of
above, respecting the legal condition of the Helots, importance that mlight happen, and  carry theindicates a very differentstate of things; and their  intelligence with  speed to the proper quarter.
real condition is probably not misrepresented by  Hence, we frequently find them  called HemelroGrote, when he says: —  The I-Ielots were a part scopi (suEpootcdiroi, Herod. vii. 182, 192; Xen.
of the state, having their domestic and social sym-  tlell. i. 1. ~ 2; Aeneas Tact. c. 6.)   That the
pathies developed, a certain power of acquiring  ltzemeroscopi were the same as the Iles2erodronli
property (Plut. Cleoon. 23), and the consciousness  appears not only from the passage of Aeneas Tacof Grecian lineage and dialect-all points of ticus just referred to, but also fiom  the words of
marked superiority over the foreigners who formed  Livy  (xxxi. 24) " ni speculator (henmerodromos
the slave population of Athens or Chios.  They e   vocant Graeci, ingens die uno cursu emetientes
seem to have been no way inferior to anly villtge  spatium), contemplans regium  agmen e specula
population of Greece."  As is usual with serfs, cquadam, praegressus nocte media Athenas perevery means was taken to mark the distinction be- venisset."  (See Duker, ad Liv. I. c.)  The Hetween them and their masters: they were obliged  merodromi were also called Dromoezokersks (8posloto wear the rustic garb described above, and they  IcpvsKes, Harpocrat. and Hesych. s. v.).
were not'permitted to sing one of the Spartan songs.    HEMEROSCOPI.  [HIIEMRoDnolaoIm.]
(Plut. Lyjc. 28.)  But the state of things descrisbed    HEMICHRYSUS.  [AURUsi; STATER.]
in-the above quotations belongs to a period when     HEMICO'NGIUS. [CoNGIuS;andtheTables.]
the fear of a servile insurrectionl bad producced the    HEMICY'CLIUM   (lkutsiscAXlo), a semnicirnatural result of cruel oppression oil the one part cular seat, for the accommodation of persons en —
alMd rebellious hatred on the other.  That the  gaged in conversation, either in private houses or;
cruelty of their masters knew no restraint lhen it in places of public resort; and also the semicircular
lwas thus stimulated by fear, is manifest enough  seat round the tribunal in a basilica. (Plut. Alcib.
from the institution of the CepiJ-7s-eCi [CRY'PTEIA].  17, Nic. 12; Cic. Lael. 1; Vitruv. v. 1. ~ 8,
eowv fasr the statements of ancient writers respect-  comp. Schneider's Note.)             [P. S.]
ing the cripeiac are to be believed, is somewhat    HIEMIECTEON,   HEMIECTON.   [HrIcdotbtful;  but there can be no doubt of the fact TEUS.]
related by Thucydidfes, that on one occasion two    HEMILITRON.  [LITRA.]
thousand of the Helots who had rendered the    HE'MINA  (/I/xv~a), the name of a Greek andgreatest service to the state in war, were induced  Roman measure, seems to be nothing mnore than
to come forward by the offer of emancipation, and  the dialectic form used by the Sicilian and Italian.
then swere put to death.  (Thuc. iv. 80.)          Greeks for rio'uav. (See the quotations from  Epi-.
I The Helots might be emancipated, but in that charmus and Sophron, ca. Ath. xi. p. 479, a, b.,
case, instead of passing into the class of Perioeci, xiv. p. 648, d., and Hesych. s. v. s'v r/yl'va, whrich
they formled a distinct body in the state, known, at he explains as eY jIUrc'sv.) It was therefore naturally
the time of the Peloponnesian war, by the general applied to the half of the standard fluid measure,teoum of vEolaCtguaetsI but subdivided into several the i-Esr s, which the other Greeks called  morT;ix,
classes.'Myron of Priene (aop. Athen. si. p. 271 f.),  and the word passed into the Roman metrical
clnumerates the following classes of emancipated  system, where it is used with exactly the sanme
Ilelots: -&(peTal, aisrosro, pPVCrorot,pEs, aEs'roeo-o- force, namely for a measure which is half of theaivral, and Vreosauwets.  Of these the a'&eal  sextarizs, and equal to the Greek cotyle.  (Bckclsh.
were probably-released from all service; tile pvuic-  letrot. Uiztersucl. pp. 17, 200, 203.)  [P. S.]




IIENDECA.                                           IERAEA.                    593
IEMIOBI O'LION, IHEMIO'BOLUS. [OBO-    The Eleven are also said to have possessed i/yeLUS].                                              yortvia 3&ao-rlpso v in the case of confiscated proHEMIPO'DION.  [PEs].                             perty (Etymnol. llbag. p. 338. 35), which statement
HEMISTATER.  [STATER].                           is confirmed by an inscription published by Bbckh
HEMIXESTON.  [SEXTARIUS].                        (Urklunden iiber das Seezesen des Attischen Slaates,
HE/NDECA, HOI, (oe E'sV3eca,) the Eleven, p. 535).  (Uilrich, Ueber die Elf Miinner, apwere magistrates at Athens of considerable im- pended to his translation of Plato's Meno, Crito,
portance.  They are always called by this name in  and the first and second Alcibiades, Berlin, 1821;
the classical writers; but in the time of Demetrius  Sluiter, Lectiones Andocid. pp. 256-261; Meier,
Phalereus, their name is said to have been changed  Att. Proc. pp. 68-77; Schubert, de Aedilibus,
into that of vo[opSvAatces (Pollux, viii. 102), who  pp. 93-96; Hermann, LeZhrb. der Griechl. Stclatswere, however, during the democracy distinct funi- alterth. ~ 139.)
tionaries. [NomoPHYsLACES.]  The grammarians    HEPHAESTAEA. [LEAMPADErPno RIa.]
also give other names to the Eleven, as 6eoplotS-    HERAEA  ('Hpa7a) is the name of festivals
AaKes, aoEueoU0oSAaKtes, &c.  (Schol. ad Asritoph.  celebrated in honour of I-Iera in all the towns of
I'Putt. 277, Vesp. 775, 1108.)                     Greece where the worship of this divinity was inThe time at which the office of the Eleven was  troduced.  The original seat of her worship, from
instituted is disputed.  Ullrich considers the office  which it spread over the other parts of Greece, was
to have been of an aristocratical character, and  Argos; whence her festivals in other places were,
concludes from a passage in Heraclides Ponticus  more or less, imitations of those which were cele(i. ~ 10) that it was established by Aristeides.  brated at Argos. (Muller, Doe. ii. 10. ~ 1.) The
Meier, on the other hand, maintains that the office  Argives had three temples of Hera; one lay beexisted not only before the time of Cleisthenes, tween Argos and Mycenae, 45 stadia from Argos;
hut probably before the legislation of Solon; but it the second lay on the road to the acropolis, and near
seems impossible to come to any satisfactory con- it was the stadium  in which the games and conclusion on the subject. They were annually chosen  tests at the IHeraea were held (Paus. ii. 24. ~ 2);
by lot, one from  each of the ten tribes, and a  the third was in the city itself (Pans. ii. 22. ~ 1).
secretary (ypaJluaTress ), who must properly be re- Her service was performed by the most distingarded as their servant (mvr7rpE7'/s), though he  guished priestesses of the place; one of them  was
formed one of their number. (Pollux, viii. 102.)   the high-priestess, and the Argives counted their
The principal duty of the Eleven was the care  years by the date of her office.  (Thucyd. ii. 2.)
and management of the public prison (seayeuWrTptov)  The Heraea of Argos were celebrated every fifth
[CAIncEc], which was entirely under their jurist year, and, according to the calculation of Biickh
diction.  The prison, however, was seldom  used  (Ablandl. der Berl. Akad. vons 1818-19, p. 92,
by the Athenians as a mere place of confinement, &c.) in the middle of the second year of every
se:rving generally for punishments and executions.  Olympiad.  One of the great solemnities which
When a person was condemned to death he wvas  took place on the occasion, was a magnificent proimmediately given into the custody of the Eleven, cession to the great temple of Hera, between Argos
who were then bound to carry the sentence into  and Mycenae. A vast number of young men -for
execution according to the laws.  (Xen. Iell.  the festival is called a pamiegyris — assembled at
ii. 3. ~ 54.)  The most common mode of execution  Argos, and marched in armour to the temple of the
was by hemlock juice (KCreors), which was drunk  goddess.  They were preceded by one hundred
after sunset.  (Plat. Plaed. cc. 65, 66.)  The  oxen (trca d/uC~-u, whence the festival is also called
Eleven had under them jailors, executioners, and  iEcaiCatr)a). The high-priestess accompanied this
torturers, who were called by various names (o2 procession, riding in a chariot drawn by two white
7rapaorrTral, Bekker, AAnecd. p. 296. 32; 6'ra   oxen, as we see from  the story of Cleobis and
E'vserca t7rrJpEm-,?s,    Xen. thell. ii. 3. ~ 54; 6 o&d- u-Biton related by Herodotus (i. 31) and Cicero
reonros, Antiph. De Venef. 615; o 3i/nroos, or (Tuscul. i. 47). The hiundred oxen were sacrificed,
4i/oxs, &c.).   W~hen  torture was inflicted  in  and their flesh distributed among all the citizens,
causes affecting the state9 it was either done in  (Schol. ad Pind. 01.. vi.. 152, and ad Nemn. x. 39.)
the immediate presence of the Eleven (Dem. c. The sacrifice itself wes called AeXipsa (Hesych.
Nlicost. p. 1254. 2) or by their servant (56 altuos).  s. v.) or " the bed of twigs."  (Comp. Welcker
The Eleven usually only had  to  carry  into  on Se,7lweenck's E/ynologsise s ssAndceutungen, p. 268.)
execution the sentence passed in the courts of law  The games and contests of the Heraea took place in
and the public assemblies; but in some instances  the stadium, near the temple on the road to the
they possessed an iyepstomVoa atKaos'wpiou. This was  acropolis.  A brazen shield was fixed in a place
the case in those summary proceedings called &7ra- above the theatre, which was scarcely accessible to
7yWeoy, ElPiYd7/lms, and E'VEImtr, in which the penalty  any one, and the young man who succeeded in
was fixed by law, anid might be inflicted by the  pulling it down received the shield and a, garland
court on the confession or conviction of the accused  of myrtle as a prize.  Hence Pindar (NeTeL. x.
without appealing to any of the jury courts. They  41) calls the contest &Yciv  XdAKscos. It seems that
also had an i7yeoLovia &lcaoTlpLov in the case of this contest took place before the procession went
acsOmp'Oy, because the smmary proceedings men- out to the Heraeon, for Strabo (viii. p. 556) states
tioned above were chiefly adopted in the case of such  that the victor went with his prizes in solemn propersons: hence Antiphon (de Caede lierod. p. 713)  cession to that temple.  This contest was said to
calls them  ElrqtuA717ai     T-CO  KaKompeywv.   The  have been instituted, according to some traditions,
word KaceoUpyot properly means any kind of male-  by Acrisius and Proetus (Aelian, V. H. iii. 24),
factors, but is only applied in Athenian law to  according to others by Arclinus.  (Schol. ad Pind.
thieves (icAEsrra), house-breakers  (TsoXPoXp o),  01. vii. 152.)
man-stealers (av'3parro3a-ra), and other criminals    The Heraea or Hecatombaea of Aegina were
rf a similar kinid.  (Meier, At. Proc. pp. 76, 77.)  celebrated in the same manner as those of Argon
0 Q




569.         I{ERES.                                               HERES.
(See Schol. adt Pind. Ist/sm. viii. 114;   MUiiler,  husband with the father, brother, or other legal
Aepinet. p. 149.)                                    guardian (lcSpois) of the intended wife: then only
The HIeraea, of Samos, which island also derived  was  she  properly  betrothed  (Ey'yvr/rnT).   A;l
the worship of Hera from Argos (Panus. vii. 4. ~ 4),  heiress, however, was assigned, or adjudged, to
were perhaps the most brilliant of all the festivals of the next of kin (ErittcaGOescra) by process of law,
this divinity.  A magnificent procession, consisting  as explained under EP1CLERcUS.  (Isaeus, de Cir.
of maidens and married women in splendid attire, her. ~ 26, de P/i'oct. her. ~ 19, ed. Bekk.; Deml.
and with floating hair (Asius, ap. Athen. xii. p. pro Pcor7. p. 954, c. Step/h. p. 1134.)  No cere525), together wvith men and youths in armour  mony was necessary to ratify the contract: but it
(Polyaen. Strat. i. 23, vi. 45), went to the temple  was usual to betroth the bride in the presence of
of Hera.  After they arrived  within the sacred  witnesses, and to give a marriage feast, and invite
precincts. the men  deposited their armour; and  the friends and relations, for the sake of publicity.
prayers andcl vows were offered sup to the goddess. (Isaeus, de Cir. eer. ~ 18; Dem. c. Onset. p. 869,
Her altar consisted of the ashes of the victims  c. Eiebtui. pp. 1311, 1312.)   A marriage without
which had been burnt to her.  (Paus. v. 13. ~ 5.)  proper espousals was irregular; but the issue lost
The I-eraea of Elis were celebrated every, fifth  their heritable rights only, not their franchise;
year, or io the fourth year of every Olympiad.  and the former, it seems, might be restored, if the
(Corsini, Dissert. iii. 30.)  The festival was chiefly  members of their father's clan would consent to
celebrated by maidens, and conducted bly sixteen  their being registered.  (Isaeus, de P/tiloct. /er.
matrons who wove the sacred peplus foi the goddess.  ~~ 29-33.)  As it was necessary for every nmlan
But before the solemnities commenced, these ma-  to be enrolled in his clan, in order to obtaLin his
trons sacrificed a pig, and purified themselves in  full civil rights, so was the registration the best evithe well Piera.  (Pans. v. 16. ~ 5.)  One of the  dence of legitimacy, and the Qppdaropes and asvceprincipal solemnities was a race of the  maidens in  voes were usually called to prove it in courts of Jlsthe stadium, for which purpose they were divided  tice. (Andoc. de 3IhIst. ~ 127, ed. Bekk.; Isaeus,
into three classes, according to their age.  The  de Cir. ier. ~ 26, le Philoct. ~ 13; Dem. c. i2eftbsd.
youngest ran first and the oldest last.  Tleir only  p. 1305, &c.)  For further particulars see Platner,
dress on this occasion was a XL'rv, which camne down  Beitriige, p. 104, &c.; Schlinsann, Asstiq. jlslis
to the knee, and their hair was floating.  She who  p/Jtlici Graccor'Z 1?, lib. v. ~~ 19, 21, 88.
won the prize, received a garland of olive boughs,    II. Of' tie  tdlles of Descenrt and Successionz.together with a part of a cow which was sacrificed  Here we would premise, that, as the Athenian law
to HIera, and might dedicate her own painted like-  made no difference in t1his respect between real and
ness in the t;nmple of the goddess.  The sixteen  personal estate, the words heir, isAheit, &c., will be
matrons were attended by as many female attend-  applied indiscriminately to both.  W;ghen an Atheants, and performed two dances; the one called  nian died leaving sonls, they shared the inheritthe dance of Physcoa, the other the dance of Hip-  ance, like our heirs in gavelkind, and as they low
podameia.  Respecting further particulars, and the  do in France (Isaeus, de Ph/iloct. her. ~ 32): a law
history of this solemnity, see Paus. v. 16. ~ 2, &c.  no less favourable to that balance of property which
IIeraea were celebrated in various other places; Solon meant to establish, than the law of primloe. -. in Cos (Athen. xiv. p. 639, vi. p. 262), at  geniture was suited to the mnilitary aristocracies
Corinth (Eurip. Mled. 1379; Philostrat.  lrer. xix.  created in the feudal times.  The only advantage
14), at Athens  (Plut. Qsuaest. ROei. -vii. 168), at  possessed by the eldest son wals the first choice ii
Cnossus in Crete (Diod. v. 72), &c.      [L. S.]    the division.  (Dem. pro Pshorte. p. 947.)  If there
HERE'DITAS.  [HEaREs.]                            ewas but one son, lie took the whole estate; but if
HERES.  1. GREEK.  The Athenian laws of he hald sisters, it was incumbent on him to provice
inheritance are to be explained under this title.  for them, and give them suitable marriage portions 
The subject may be divided into  five parts, of they were then called Eo7rirpoeco.  (Harpocr. s. v.
lwhich we shall speak: 1st, of personal capacity'E7rib3tcos.)  There w as no positive law, making it
to inherit; 2dly, of the rules of descent and suc- imperative on a brother to give his sister a portion
cession; 3dly, of the powver of devisinlg; 4thly,  of a certain amount;  but the moral obligation, to
of the remedies of the heir for recovering  his  assign her a fortune corresponding to his own rank,
rights; 5thly, of the obligations to which'he suc.-  was strengthened by custoim and public opinion,
ceeded.                                              inlsomuch that if she was given in marriage p:)1I. Of Personal ts(icpacity to Icherit. —To obtain  tionless, it was deemed a slur upon her character,
the right of inheritance  as well as citizenship  and might even raise a doubt of her legitimnacy.
(ayXioTeia and 7rosTreia), legitimacy was a neces-  (Isaeous, dle Pyer:. heo.  ~ 40; Lys.  de A*' ist. boez.
sary qualification.  Those children were legitimate  ~ 16, ed. Bekk.; Deul. c. Boeot. sle lote, p. 1014.)
who were born  in  lawvifl wedlock.   (Dem. c.    On failure of sons and their issue, daughtels
lVeaer. p. 1386.)  The validity of a marriage de-  and daughters' childlren succeeded (as to the lawt
pended partly on the capacity of the contracting  concerning heiresses, see EPICLERus);         and there
parties, partly on the nature of the contract..  On  seems to hlave been no limit to the succession it
the first point little needs to be noticed here, ex-  the descending line. (Isanes, de Cirn. her. ~~ 3.9-4;,
ccpt -that brother and sister by the same mother  de Pyrr. hler. ~ 59, /de P/iloct. ~~ 38, 67; Dem. c.
were forbidden to marry r; but consanguinity in  Macart. pp. 1057, 1053.)  If the deceased left
general was so far front being deemed an objection,  grands:ns by difibrent sonts, it is clear thlat they
that marriage between collateral relations vwas en-  would take the shares of their respective iathers.
couraged, in order to keep the property in the  So if he had a granddaighter by one son, andl  a
family.  (Andoc. de Mliyst. ~ 119, c. Alcib. ~ 33,  grandson by another, the latter would not exclude
ed. Beklk.;  Lys. c. Alc. ~ 41, ed-. IBekk.; Deos.  the former, as a brother would a sister, but both
c. Leoch. p. 1083, c. REubul. p. 1 305; Plut. Cmeon, would share alike.  Of this there is no direct evi4, Tlemist. 32.)   The contract was made by the  dence; but it follows from a principle of Attic lan




}IEI'ES.                                              HERES.                     595f
by whichl  on the birth of a son, his title to his  hir. ~ 26) respectilng the mother, it may be inferred
father's inheritance, or to a share thereof, imme-  that parents  could  not inherit at Athens.  At
diately accrud; if then he died before his father,  Athens the maxim, hereditas nunquam  ascendit,
but leaving issue, they claimed their grandfather's  held only of lineal, not of collateral ascent.  For
inheritance as representing him.  It was otherwise  example, an uncle might inherit.  (Isaeus, de Cleon.
with daughters.  Their title did not thus accrue;  her-. ~ 55.)  So also he might marry the heiress, as
and therefore it was the practice for the son of an  next of kin.  (De Pyrr. her. ~ 90.)  On this part
heiress to be adopted into  his maternal grand-  of the subject the reader is referred to Bunsen, de
father's house, and to become his son in point of jurne lered. A then.; SirWilliam Jones's Conlmmentasry
law.  Further (as will presently be shown) the  annexed to the translation of Isaeus; and a short
general preference of males to females did not com-  sulmmary of the law  by Schbbmann, Ant. j. p. Cr.
rmence till the deceased's father's descendants were  lib. v. ~ 20. These and other writers are not agreed
exhanu sted.                                          on many of the foregoing points, which are left in
On failure of lineal descendants the collateral much obscurity, owhing to the mutilated state in
branches were resorted to.  And first came the  which the laws have reached us, and the artifices
issue of the same father with the deceased; viz. used by the orators to misrepresent the truth.
brothers and brothers' children, the children of a       It will assist the student to be informed, that
deceased brother taking the share of their father  &aveiLos signifies a first cousin.'AVemlamos r is a first
(Isaeus, de HIgyn. er.. ~~ 1, 2; Dein. c. Al(taccrt.  cousins son; formed in the same manner as &eAXp. 1067, c. Leech. p. 1083); and after them, sisters  yLmo~s from h&EXqd,  and vhyaTrpmloDs from hovyaand sisters' children, among whom  the principle  Tr7p.  Thus, my first cousin's son is a/sEta8oas to
of representation also prevailed (Isaeus, (te Apol/. me; but not conversely.  Again, though it is true
helr. ~ 23); but whether sisters' children took per  that two or more second cousins may be spoken of
s/il-pes or per ccapita, does not appear.             collectively as &vc4'maso? (Dem. e. Steph. p. 1 117),
Next come the descendants of the same grand-  yet one of them cannot be said to be &vEuLamo0s to
father with the  deceased; cousins and  cousins' another.  I-erein consists the fallacy of those who
children.  IHere the law declared, that males anid  maintain that second cousins calne within the legal
the issue of males should be preferred to felmales  degrees of succession.
anid their issue.   (Isacus, de HTayln. her. ~~ 1, 2     KXhpos is the subject-matter of inheritance, or
Dem.  c. JAIcart. p. 1067.)  Thus, the son of an  (iin one sense of the word) the inheritance; tcAnpouncle would exclude the son of an aunt, while the  vd,uos the heir.'AyXlo'reia, proximity of blood in
son of an aunt would exclude the daughter of an  reference to succession, and sometimes right of sueuncle.  On the same principle Isaeus (de  Apoll.  cession.   vTyy'YEela, natural consanguinity. mvyher. ~~ 25, 26) contends that the son of a female first yEVEs, collateral relations, are opposed to E'KyovoL,
cousin prevented his mother's sister from inherit-  lineal descendaints.
ing, although he was futrther removed from  the de-    III. Ofthe power of'Devising. -That the owner
ceased (yE've l 7rorepw) by one degree.  This pre-  had power to alienate his property during his lifeference, however, was confined to those who were  time, and that such alienation was valid in point
descended from the same conmmon ancestor, that is  of law, both as against the heir and all the rest of
to say, from the grandfather of the deceased; for  the world, is beyond a doubt. There was, however,
the wordls  6c'mvY aes-vr  in Demosthenes are to be  an ancient law wlhich  punished with degradation
explained by the Tp'Ti  yeveL of Isaeus.  Therefore  (sarvqta) a inan who had wasted his patrimony (Ta
a first cousin once removed, claiming through a  7raTrpoa cE aTe87OKIcs).  lie  was considered  an
female, had a better title than  a second cousin  offender against the state, because he disabled himclaiming through males; for a second cousin is de-  self from contributing to the public service.  Pro.
scended not from  the grandfather, but only from   secutiols for such an offence were rare; but the rethe great-granldfather of the deceased, and so is  putation of a spendt:iri:t was always prejudicial to
beyond the legal degrees of succession (iwco 7sT    a man in a court of justice.  (Diog. Laert. Solon,
a-Y/tyorOEaE   or o'y'UyeeLas).   On this, Eubulides  55; Aeschin. c. Timizlarch. ~~ 97 —105, 154, ed.
founds his pretension to the estate of Haginas; be-  Bekk.)
cause he claims as representative (son by adoption)    Every man of full age  and sound mind, not under
of his maternal grandfather, who was first cousini dcirance or improper influence, was competent to
to H-lagnias;  whereas the father of his opponent, clase a will; but if he had a son, he could not
Macartatus, was second cousin to Hagnias, and (as  disinherit him; although his will might take effect
Demosthenes  expresses  it) was not in the smlle  on l the contingency of the son not completing his
bramnch of the fa~nlily (eoi eKi -i o'mt/Co fro  Anymviou, seventeenth year.  (Isaeus, de Arfist. her. ~ 14, de
c. IMacest. p. 1070).                                 Ph~iloct.  ~ 10;  Demm. c. Steol/.  pp. 1133, 1136.) The
On failure of first cousins and their issue, the in-  bulk of the estate being left to the son, legacies
heritance went to the half-blood by the mother's  might be given  to friends amd relations, espeside; brothers and sisters,  Inephews and nieces, cially to those who performed the officeof our execousins and their childre, as lbefore.  ~But if there  cutor or testamentary guardian.  (Dem. e. Aphob.
were no maternal kinsmnen within the legal degree,  pp. 814, 827.)  And in the division of property
it returned to the cync/li, or next of kin on the pa-  among sons, the recommendations of the father
ternal side (TOVS mqrpS  7aerpous), whose proximity   would be attended to. (Dem. c. Jliacart. p. 1055,
was traced by counting the degrees from  the com-  prn Phorsn. p. 955.)  Also a provision, not exmnon ancestor. (Isaens, de lIC-ps. ies.'~ I-18; ceeding a thousand drachmas, might be assigned to
I)em. e. M1acar't. p. 1 067.)                         an illegitimate child.  (lHarpocr. s. v. NoOsa.)
The succession of parents to their children is    A  daughter could not be disinherited, though
matter of dispute among the learned.  From  the  the estate might be devised to any person on consilence of the orators, the absence of any example,  dition of his marrying her.  (Isaeus, de Pyrr. her.
and the express declaration of Isaeus (doe Illan.~~ 82-84.)
~~ 88




596                 HERES.                                             HERES,
It was only when a man had no issue that he    At the first regular assembly (Kwvu)a eicichXrT'a),
was at full liberty to appoint an heir.  His house  held after he had received notice, the archon caused
and heritage were then considered desolate (Epmrco Sproclamation to be made, that such a person had
Kal a&hvcvvos), a great misfortune in the eyes of  died without issue, and that such and such persons
an Athenian; for every head of a family was  claimed to be his heirs.  The herald then asked
anxious to transmit his name and religious usages  eY T7I &/qtcp61YITeL' 4) 7rapaKaCTaeaXAEle1Y   o0AE-al
to posterity.  The same feeling prevailed among'oV KXApov; these words are variously interpreted.
the Greeks in more ancient times. We learn from   Perhaps the best explanation is this: -'AupLraHesychius and the Etymol. Mag. that distant re-  grre'v, is a term of general import, applied to all
lations were called X7pcowrat, because, when they  who dispute the title of another, and would ininherited, the house was X-rpEvwv  ial lEprgtos. (See  clude those who claimed a moiety or other share
Hom. Il. v. 158; Hes. Tleog. 607.)  To obviate  of the estate.  Ieapatcar'aCdAXeLv signifies to make
this misfortune, an Athenian had two courses open  a deposit by way of security for costs, which was
to him.  Either he might bequeath his property  required of those who maintained their exclusive
by will, or he might adopt a son in his lifetime.  title to the whole inheritance.  Perhaps, however,
[ADOPTIO, GREEK.]                                  the payment in this case was optional, and might
Wills were in writing, and usually had one or  be intended for the mere purpose of compelling the
more attesting witnesses, whose names were super-  other parties to do the same.  The deposit thus
scribed, but who did not know the contents. They  paid was a tenth part of the value of the property
were often deposited with friends, or other trust-  in dispute, and was returned to the party if sucworthypersons, such as a magistrate.  It was con- cessful.  (Pollux, viii. 32, 95; Isaeus de Nicost.
sidered a badge of fraud if they were made secretly  her. ~ 13, de Hcagn. her. ~ 20; Dem. c. Macart.
or in the presence of strangers. (Isaeus, de Philoct.  p. 1051, c. Leoch. pp. 1090-1093.)
76es. ~ 8, de Astgph. her. ~~ 8-17; Dem. c. Steph.    If no other claimant appeared the archon adp. 1137.)  A will was ambulatory until the death  judged the estate to the first suitor (E7re~aKab eY,
of the maker, and might be revoked wholly or par-  avrp rbv hX.poV).  If, however, there were ad.
tially, by. a new  one.  It seems also that there  verse claims, he proceeded to prepare the cause for
might be a parol revocation.  (Isaeus, de Philoct. trial (dtaetcaiera).  First came the adcicptrrr, in
leer. ~ 40, de Cleon. her. ~ 32.) The client of Isaeus, the usual way, except that no party was considered
in the last-cited cause, contends, that the testator as plaintiff or defendant; and the bills in which
sent for the depositary of his will, with an inten-  they set forth their respective titles, were called
tion to cancel it, but died before he got it into his ah-r'ypapai.  (Harpocr. s. v.; Dem. c. Olymep. pp.
possession; this (he says) was a virtual revocation.  1173, 1175.)  The dicasts were then to be sumHe calls witnesses to prove the testator's affection  moned, and, whatever the number of parties, one
for himself and dislike of his opponents, and thence  court was held for the decision of all their claims.
infers that the will was unnatural, and a proof of If any one neglected to attend on the appointed
insanity.  Similar arguments were often  used.  day, and had no good excuse to offer, his claim was
(Isaeus, de Nicost. her. ~ 23, de Astyph. her. ~ 21.)  struck out of the record (eypcd(p-?7 iajErP1m6fTobTs),
With respect to the proceeding by which a  and the contest was carried on between the remainfather publicly renounced his paternal authority  ing parties, or, if but one, the estate was awarded
over his son, see APOKERUXIS.  Plato (Leg. xi. to him. (Dem. c. Olymip. p. 1174.) The trial was
9. p. 928) refers to it, aid recomlmends that a  thus managed.  The dicasts had to give their
father should not take such a step alone, but in  verdict either for one person proving a title to the
conjunction with the other members of the faumily.  whole, or for several persons coming in under the
At Athens the paternal authority ceased altogether  same title, as (for instance) two brothers entitled
after the son had completed his nineteenth year; each to a moiety.  One ballotting box therefore
he was then considered to belong less to his father  was provided for every party who appeared in a
than to the state,  (Valckenaer, ad Ammnoniu7sm, distinct interest.  The speeches were measured by
s.v.'AvroxpvIcros: Meier, de Bonis Damne. p. the clepsydra.  Each party had an &Aeopehs of
26.)                                               water for his first speech, and half that, or three
IV. Of thle Remnedies of the tHeir'br Recovering  Xoes for the second. (Isaeus, de Hayn. her. ~ 30,
his Rights. -  A son or other male descendant might &c.; Dem. c. Macast. p. 1052.)  That these arenter and take possession of the estate immediately  rangements gave rise to fraud and collusion, is
after the owner's death.  (Isaeus, de Pyrr. her.  clearly shown in the cases above cited.
~ 72, de Ci'. her. ~ 47.)  If he was prevented from  The verdict, if fairly obtained, was final against
so doing, he  luight bring an action of ejectment the parties to the cause.  But any other person,
against the intruder. [EsnBATEIA.] Any one who  who by absence or unavoidable accident was prodisturbed a minor in the enjoyment of his patrimony  vented from being a party, might afterwards bring
was liable to a criminal prosecution (caKmcoevs r  an action against the successful candidate, to reeiaey'yeAia, Isaeus, de Pyrr. her. ~ 76).  As to  cover the estate.  He weas then obliged to pay his
the proceedings in case of heiress, see EPICLERaS.  deposit (rapaica'aroox), summon the defendant,
Other heirs at law and claimants by adoption or  and proceed in other respects as in an ordinary
devise were not at liberty to enter, until the estate  suit.  This he might do at any time during the
was formally adjudged to them.  The proper course  life of the person in possession, and within five
was, to make application to the archon, who attended  years after his death. (Isaeus, de Pyrr. her. ~ 70;
at his office for that purpose every month in the year  Dem. c. Olytnp. p. 1 175, c. gIacaet. p. 1054.)
except the last (Scirophorion).  The party who        It has hitherto been supposed that a simple issue
applied was regarded as a suitor, and (on obtaining  was raised between the litigant parties, viz. who was
a hearing) was said AayXdvewrv'ou KCApov. (Isaeus, entitled to possess the estate; and that they prode Hagn. her. he. ~~ 22, 40, de Pyvr. her. ~ 74, de  ceeded at once to the trial of such issue. This was
4styph. her. ~ 4; Dem. c. &teph. p. 1136.)         called  B6v0Ucla0 ealEPval.  The -cause, however,




lIERES.                                            HERES.                   597
might become more complicated, if one of the  yoveIS in this case includes all ancestors. (Meier,
parties chose to make exception to the right of any  de Boas. DamZn. p. 126.)
other to dispute his title: this was done by tender-    Among heritable obligations may be reckoned
ing an affidavit (bLayapTrvpla) sworn either by him- that of marrying a poor heiress (;a-cra), or giving
self or by another, wherein he declared that the  her in marriage with a suitable portion.   (See
estate was not the subject of litigation ('ij. EriniKcos), EPICLERUS, and Meurs. Them. Alt. i. 13.)
nnd alleged some matter of fact or law to support    That the heir was bound to pay the debts of the
his assertion.  Sons, adopted sons, and persons in  deceased, as far as the assets would extend, cannot
legal possession, were allowed  this advantage. be doubted.  Five years seem  to have been the
For example, a witness might depose that the last period for the limitation of actions against him
occupier had left male issue surviving him, and  (yrpo0eo'iya).  In case of a mortgage, he was entherefore the property could not be claimed by any  titled only to the surplus of the mortgaged property,
collateral relative or devisee: or that the title had  remaining  after payment of the  debt charged
already been legally determined, and that the new  thereon.  (Lys. de Bon. Publ. ~~ 4, 5; Isaeus,
claimants were not at liberty to reopen the ques- de Arist. iher. ~ 23; Demosth. a. Calipp. p. 1240,
tion.  This had the effect of a dilatory plea, and  c. Spud. p. 1030, c. Nausirz. pp. 988, 989.)
stayed further proceedings in the cause.  (Isaeus,    State debtors, such as farmers of the public rede Dicaeog. Iar. ~ 30, de Apoll. ~ 3, de Philoct. ~~ 4, venue who had made default, or persons con52, de Pyrr. ~ 3; Dem. c. Leoch. p. 1097.)  If demnned to pay a fine or penalty, were disfranthen the suitor was resolved to prosecute his claim, chised (&rLtoi) until they had settled the debt;
he had no other course but to procure a conviction  and the disgrace extended to their posterity. Thus
of the witness (who had sworn the affidavit) in an  Cinmon, son of Miltiades, was compelled to pay a
action for false testimony (8iK?1  evUauapTvptic)v). fine of fifty talents which had been imposed on his
Examples of such actions are the causes in which  father; and the story is, that Callias advanced
Demosthenes was engaged against Leochares, and  him the money, in return for the hand of his sister
Isaeus for the estate of Philoctemon.  On the trial Elpinice.  (Dem. c. Androt. p. 603, c. Tb/eoc.
of the witness the- questions were, first, the truth  pp. 1322, 1327, c. Aphlob. p. 836, pro Car. p. 329,
of the facts deposed to; secondly, their legal effect, c. l1iacarl. p. 1069.)  When the whole of a man's
if true.  With respect to the witness, the conse- property was confiscated, of course nothing could
quences were the same as in any other action for descend to his heir.  It seems to have been a comfllse testimony. [MARTYRIA.]  With respect to  mon practice, in such a case, for the relations of
the original cause nothing further was determined, the deceased to conceal his effects, or to lay claiml
than that it could or could not be entertained; the  to them  by pretended mortgages.  Against these
FZa~Maprvpia in this particular resembling the 7rapa- frauds there were severe penalties, as may be seen,ypaipi.  If the court decided that the suit could  from the speeches of Lysias, c. Philocr. and de bon.
be entertained, the parties proceeded to trial in the  Arist.  (Meier, de Bon. Damn. p. 212.)
manner before explained.                             The posterity of those who were put to death
As to the further remedies to be pursued by the  by the people, or were convicted of certain insuccessful party, in order to obtain the fruits of his famous crimes, such as theft, inherited the &T/aign
judgment, see EMBATEIA and ExoULES DIIE. of their ancestors, a danizosa hereditas, which they
And on this part of the subject see Meier, A it. Proc. could not decline or escape from.  It may be compp. 459, 616, 638; Platner, Altt. Proc. vol. i. p. 163, pared to the corruption of blood following upon
vol. ii. p. 309.                                   attainder in the feudal law.  The legislator seems
V. Of the Obligations to w7/ich7 tlie IHeir szcceeded. to have thought that such children must be the
- The first duty of an heir, as with us of an exe- natural enemies of their country, and ought to be
cutor, was, to bury the dead and perform the cus- disarmed of all power to do mischief.  WVe cannot
tomary funeral rites (&,Lvo/ItiUuEva 7roteY,). It is wonder at this, when we consider, that with rewell known what importance was attached to this  spect to private feuds, it was deemed honourable
by the ancients. The Athenian law regulated the  and meritorious in the child to preserve the enmity
time of burial, and the order in which the female  of the father; and we find public prosecutors (as
relations should attend.  If no money was left to  in the opening of the speech of Lysias against
pay the expenses of burial, still the nearest rela- Agoratus, of Demosthenes against Theocriies),
tives wvere bound to defray them; and if they  telling the dicasts, that they had been induced to
neglected to perform  their duty, the chief magis- come forward by a desire to avenge the wrongs of
trate' (5apXos) of the demus, in which the death  theirfamily.  In the same spirit the Athenian law
took place, after warning them by public notice  required, that men, guilty of unintentional homi(s'vaipesr ial aSy7r'eIv, Kat KaOaLpeta''rbY &bypo,), cide, should remain in exile, until they had apgot the work done by contract, paid for it himself, peased the nearest relatives of the deceased, to
and was then empowered to sue them for double  whom  it miore especially belonged to resent and
the amount.  When a rich man died, there was forgive the injury.   (Dem. c. M/d. p. 551, c.
no backwardness about his funeral.  It is rather Arisloc. pp. 640, 643, c. Aristog. p. 790, c. 1Ma1ainusing  to see how eagerly the relations hastened  cast. p. 1 069; Meier, de Bos. Damn. pp. 106,
to show respect to his memory,  as if to raise a pre-  136.)
sumption of their being the heirs.  (Isaeus, de    Isaeus tells us, that parents, who apprehended
Astyph. her. ~ 40, de Cir. her. ~~ 29-33, de Ni-  their own insolvency, used to get their children
cost. lear. ~~ 9, 25; Dem. c. Alacart. pp. 1069, adopted into other families, that they might escape
1071.)                                            the consequences. (De Arist. her. ~ 24.) This howChildren, who neglected to bury their parents, ever could not be done, after the infamy had once
were liable to a criminal prosecution (ypa1 Kaiwcc- attached.  (Meier, de Bon. Damn. p. 136; Aesch.
oeces T.ys'ore), just as they were for refusing to  c. Cles. ~ 21, ed. Bekk.)
support or assist them in their lifetime. The word    We find no mention of property escheating to
QQ 3




'698                 HERES.                                                IITEES.
the state of Athens for want of heirs.  This pro-  might divide  the hereditas among them  as he
bably arose from a principle of Athenian law, ac-  pleased.  The shares of the heredes'were generally
cording to which no civic family was suffered to  expressed by reference to the divisions of the As:
expire; and therefore the property of an intestate  thus,'heres ex asse " is heres to the whole prowas always assigned to such person as was most petty;  "heres ex  dodrante,"  heres  to  threefit to be his successor and representative.  WTith  fourths; heres " ex semuncia," heir to one twentyaliens, and those illegitimate  children who were  fourth.  (Cic. ad _1lt. xiii. 48, vii. 8; Cic. Pro
regarded as aliens, it was no doubt otherwise.  COecinc, 6; Inst. 2. tit. 14. ~ 5.)  If there were
(Meier, de Bon. Dam(2. p. 1481.)    [C. R. K.]    several heredes named, without any definite shares
2. RoNIAN.   When  a  man died, a certain  being given to them, the property belonged to
person or certain  persons succeeded  to all his  them  in equal shares.  A heres might be instiproperty, under the naime of lier-es or lheredcs:  tuted either unconditionally (p2re), or conditionally
this was a universal succession, the whole property  (sub conditiole).
being considered a universitas.  [UNIVERSITASr].    If the testator lhad a legal capacity to dispose,
Such a succession comprehended all the rights and  and if his will was made in due form, the first inliabilities of the person deceased, and was ex-  quiry as to the heres was, whether lie had a legal
pressed by the term Hereditas.   The word here-  capacity to take what was given to him.  I-e imust
ditas is accordingly defined to be a succession to  have this capacity at the time of the institution, or
all the rights of the deceased  (Dig. 50. tit. 1(6. the institutioIl is null; and in order to take lie
s. 24.); and sometimes it is used to express the  must have the capacity to take (Inst. 2. tit. 19.
property which  is the object of the succ:ssion.l  ~ 4), at the time of the testator's death, anld iat
The term pecunia is sometimues used to express the  the time of accepting the inheritance. This capacity
whsole property of a testator or intestate (Cic. de  might be expressed by  the wvord "' testamientiInvent. ii. 21; Gaius, ii. 104); but it only ex-  factio,"  all expression which  had reference not
presses it as property, and therefore the definitiol of onlly to the legal capacity of the testator, but also
hereditas by peccunia would be incomplete.  Cicero  to the legal capacity of the person named heres.
(TYobp. 6) completes the definition thus:- " Here-  As a geieral rule, only Roman citizens could be
ditas est pecunia quae imorte alicujus ad quempiam   named as heredes in the will of a  olseLan citizel;
pervelnit jure, nec ea anLt legata testamento aut but a slave could also be named heres, though lie
possessione   retelnta."   The negative part of the  had no powver to mauke a will, and a filius-famuilias
definition excludes legacies, and property of the de-  could also be lnamed heres, though  lihe was under
ceased, the ownershlip of which is acquired by a sulf- the same incapacity; for the slave, if he belonged
ficient possession of it. The word "'jre " excludes  to the testator, could, by his master's testaielnt,
the " bolooruni possessio," in opposition to wliich  receive his freedom and become heres; and if lie
the hereditas is appropriately called "justa." The  belonged to another, lie took the inheritance for
e-eres waas the person who acquired all that hacd be-  the benefit of his miaster: the filius-familias inl like
longed to another, morte and jure; the etynlolo-  maniner acquired it for his father.  Persons, not
gical relation of the word to 7lerszs seems probable.  Roman citizens, wrho had received the commercitun,
A person might becomle a beres by being named  could take hereditates, legata and fideicommissa
as such (inzstditetzs, scrigpts, fiectes) iu a wVill, exe-  by testaisent.  (Cic. pro (tecin. 7, 32; Savigny,
cuited by a competent person, according to the forms  Zeitscrlr/l?, vol. v. p. 229, Systenm, &c. vol. ii. p. 27.)
required by law [TEsTAiENTuAjl].  If a person    lHeredes w-ere either Necessarii, Sui et Necesdied inltestate (intestatus), or haviing imade a will sarii, or Extranei.   The heres necessarius was a
which was not vlalid, the inheritailce came to those  slave of the testator, who was made a heres and
to whom  the law gave it inm such cases, and was  liber at the same time; ald he was called necescalled  aereditas legitista or  ib intestato.  But a  sarius, because of the necessity that he was unlder
msan could not die testate as to part of his property  of accepting the hereditas. A slave Swas sometimes
and intestate as to another part, except he were a  appointed heres, if the testator thought that lie was
soldier (ciJus sola voluntas inl testando spectatur). not solvent, for the purpose of evading the ignolniAccordingly, if a moan gave a part of the hereditas  nia which was a consequlence of a person's proto one heres or more, and did not dispose of tile  perty being sold to pay his debts, as explained by
rest, the heres or heredes took the whole.  (Inst. Gaius (ii. 154, &c.). The heredes sui et necessarii
ii. tit. 14.  ~ 5; Cic. de Ilaeeat. ii. 21; Vangerow,  vwere sons and daughters, and the sons and dalughlPandlekten, &c. vol. ii. p. 5.)                     ters of a son, who were in the power of a testator
In order that a testamentary succession should  but a grandson or granddaughter'could not be a
take place, the person dying must have such rights  suus heres, unless the testator's son had ceased to
as are capable of being translmitted to another; be a suus heres in the testator's lifetime, either by
consequently neither a slave, nor a filius-familias, death or being released iiom lhis power.  These
accordinlg to the old Roman lasv, could make a  heredes sui were called necessarii, because of the
heres.  Also, the person wsho is made heres must Inecessity that they were under, according to the
have a legal capuacity to be heres.                  civil laow, of taking the hereditas with its incunsThe institution of a heres was that formnality  brances. Bust the praetor permitted such persons to
which could not be dispensed with ins a will.  If refuse the hereditas (al).stizere se ab lhereditate),
the testator named no heres or heredes, and comn- and to allonw the property to be sold to pay the
plied with all the other legal forms, still his dispo-  testator's debts (anl instance is smentioned by Cic.
sition of his property was not a will.  The heres  Phil. ii. 16); aald Ihe gave the samle privilege to u
called heres directus, or simlply heres, represented  mancipated son (qui it causa mlancipii est).  All
the testator, and was thus opposed to the heres  other heredes are called extranei, and comprehend
fideicommissarius. [FIDEICOMIISSUAI.]  The tes- all persons who are not in the power of a testator,
tator might either namle one person as heres, or such as emalncipated children.  As a mother had
he might name several heredes (colieredes), and he  5no potestas over her children, the;y were extranei




HItEIRES.                                            HERES.                     599
hIeredes when named heredes ill her will. Extranei  the acting as heres equivalent to cretion, provided
heredes had the potestas or jus deliberandi (Dig.  such acting took place within the time of cretion.
28. tit. 8. s. 1), or privilege of considering whe-  (Compare Gaius, ii. 177, &c., with Ulpian, F/lag.
ther they would accept the hereditas or not: but xxii. 34.)
if either extranei heredes, or those who had the    In tile case of liberi impuberes, who were in the
abstinenldi potestas, meddled with  the testator's  power of a testator, there mightt be not only the
property, they could not afterwards disclaim the  kind of substitution just mentioned (vulgazris subinheritance, unless the person who had so meddled  stitmtio), but the testator nmight declare that if such
was under twenty-five years of age, and so be-  clchildreni should live to become his heredes, and
longed to a class who were relieved by the praetor  should die impuberes, some other person, whoism he
in all cases where they were overreached [CURA-  named, should be his heres.  This was expressed
Tron], and also ill cases where they had accepted  thus, " si prius moriatur quanm  in suanm tutelam
an insolvent hereditas (dcaminzosa hlereditas).  The  vencrit"  (Cic. de In.velt. ii. 42,'op. 10; Gains,
emperor Hadrian  gave this relief to  a  personl  ii. 179), for the termination of imnpuberty and of
above twenty-five yelars of age who had accepted  the tutela were coincident.  [CURATOR.]  Thus,
an hereditas, and afterwa.rs ciscovered that it was  as Gains remarks, onle testamentary  disposition
incumbered with a heavy debt. (Gains, ii. 1 63.)   coillprised two hereditates.  Thllis was called pupilA cel rtaini time was allowed to extranei for thle  laris substitutio. (Inst. 2. tit. 16.)  This kind of
eretio helreditatis, that is, for them  to determine  substitution was contained in a clause by itself, and
wllether they would  take the hereditas or not:  in a separate part of the will, which was secured
hence the pl-hrase  " cernere hereditatem."  (Cic. by the testator's own thread and seal, with a prod Al dtt. xi. 12.)  Thus, if the testator had written  vision in the first part of the will that this second
in his will 5 Ileres Titinis esto," he ought to add, part should not be opened so long as the son lived
" Cernitoque in centum  diebus proxmnnis quibus  and was impubes.  A  substitution could also be
scies poterisque: quod iii ita creveris exheres esto."  made in the case of children being exheredated
(Gaits, ii. 16; Cic. de Orat. i. 22.)  If the ex-  (disinherited) by the parent's will, and the subtraneus wished to take the hereditas, lie was re-  stituted person then took all that the pupillus acqcuired to make a formal declaration of his intention  quired  by  hereditas, legatum  (legacy) or gift.
within the time inamed (isitra dieim cretioy2is). The  Gaius observes (ii. 183) that all his remarks with
formal words of cretioll  were "cam  herecditatem  reference to substitution for children impuberes,
adeo cernoque."   Unless he did this, he lost the  when made heredes or exheredated, apply to posthereditas, and he could not obtain it merely by  humous (postuiei) children, of which there is an
actingl as heres (pro herede yerezido).  If a person  example cited by Cicero (bop. 10.  Si filiis natus
was named heres without any time of cretion being  esset in decem mensibus, &c.).
fixed, or if lie succeeded (legitimso jtsre) to the     If an extrameus was smade heres, there could be
property of an intestate, he might become lieres  no substitution to the effect, that if lie died within
without any formal declaration of his intention,  a certain tilme, another person should be hieses: for
and might take possession of the hereditas when  though a testator could attach a condition to be
lie pleased: but the praetor was accustomed, upon  performed before a person could take the hereditas,
the demand of the creditors of the testator or in-  a personl when he had once become heres continued
testate, to name a time within which the heres  such.  The case of a pulpillaris substitutio, which
should take possession, and in default of his doing  was an exceptioml to this general rule, was probably
so, he gave the creditors permission to sell the  founded on the patria potestas.  The heres might,
property.  The comlmon form of cretion in the will  however, be charged with a fideicommissum, in
(v2ua1ris  cretio) has  been  already  mentioned.  which case le w as heres fiduciarius.  [FIDEICOuMSometimes the words "quibus sciet poteritque'  AIIRssUiMI.]
were omitted, and it was then  specially called        As to conditions which the hieres was bound to
"eretio) certorum  diclrum," which was the more  performl, they might be any that were not contrary
disadvantageous to thle heres, as the days beogan to  to positive law or positive morality; such as the
be reckoned, or, as we say, the time began to run  setting up of statues, &c. (Cic. Veir. ii. 8, 9,14)
immediately, and it was not reckoned fieom  the  or changing the name (ad Att. vii. 8).  Impostime when the hieres knewv that lie was miamned  sible conditions were treated as if there were no
heres9, and had no impedliment to his cretion.       conlditiols mentioned (pro non scripto, Inst. 2. tit.
It was not unusual to make  several degrees of  14. s. 10).
heredes iin a will, which was called  stlbstitltio.    If a  aian's own slave was made heres by his
(Iost. 2. tit. 15.)  Thus in the formula begimnnimig  will, it was necessary that he should be made free
" ielres Titius)o,  &c., after thle words " exheres  also by the will: the words were " Stichus sercsto,' the testator might add, "Tunl  MeViaevi        us nvus liber heresque esto."  If the slave were
heres esto cernitoque in diebus centunl," &c.;  and  not aoade free by the testament, he could not take
lie might go on substituting as far as he pleased. umder it, even if he were mamumitted by his
The person first nanmed as heres (primo pradud)  master, and of course he could not if he were sold;
becamle heres by the act of cretion; and the  anLd the reason is, that the institution was not
suibstitutus  (scczunclms heles, Cic. bTo. 10; Her.  valid.  If he was instituted free as well as heres,
Sat. ii. 5. 48; Tacit. Ann. i. 8) was then entirely  he became botlh a freeman and heres lecessarius by
excluded.  If the words " si nona creveris " were  the death of his master: if he was manumitted by
not followed by words of exheredation, this gave  his master in his lifetime, he might accept the ilsome advaltage to the first heres: for instance, if heritance or refuse it.  If he was sold by his mashe neglected the formality of cretion, and only acted  ter in his lifetime, he could take possession of the
as heres, he did not lose all, but shared the hereditas  inheritamce with the permission of his new master,
equally with the substituted person.  This was the  who thus became heres through the medium of his
old rule; but a constitution of M. Antoninus made  slave,  If the slave whowas made heres was at
QQ 4




600                HIIERES.                                            HERES.
that time the property of another person, and not tate came to their agnati just as the inheritances
of the testator, he could not take the inheritance  of males; but wonmen who were beyond the degree
without the consent of his master, for if he took it of consanguinei (a term which legally means brohis master became heres: if such slave was manu-  thers and sisters) could not take hereditates ab
mitted before taking possession of the inheritance, intestato. Thus, a sister might take from a brother
he might accept it or refuse it as he pleased.     or sister as legitima heres; but an aLnt or a
If an Ingenuus died intestate, either from not brother's daughter could not be a legitima heres.
having made a will, or having made a will but not The principle of Roman law which gave to those
in due form, or having made a will in due form  who came into the potestas or manus the quality
which afterwards became inNvalid (s1'riuoz, is's-itunz), of children of the blood, was followed out in this
or if there was no heres under the will, the hIere- case also: a mother or a stepmother who had come
ditas, according to the law of the Twelve Tables, in manueest   viri thereby obtained the status of a
came to the heredes sui, and was then called le- daughter; and, consequently, as to legitimate sucgitinza hsereditas. (Gaius, iii. 2.)  The heredes sui cession, there were the same relations between such
were " liberi " in the power of the testator at the  mother or stepmother and the husband's children,
time of his death; the term  liberi comprehended  as there were among the husband's children themnot only children, but the children of the testator's  selves.  By the Twelve Tables the hereditas of anl
male children, and the children of a son's son. intestate mother could not come to her children,
Adopted children were considered the same as because women have no sui heredes; but by a
other children.  But grandchildren could not be  SCtum  Orphitianlum  of M. AntoIlinus and Coilheredes sui, unless their father had ceased to be  modus, the sons of a wife, not in manu, might take
in the power of the intestate, either by death or in  as her legitimi heredes, to the exclusion of consanany other way, as by emancipation.  A  wife in  giuinei and other agnati.  (Ulp. Frag. xxvi. ~ 7;
manu being considered  as a daughter, anld  a  comp. Inst. 3. tit. 4.)
daughter-in-law (nur'Zs) in mann filii being con-    If a person died leaving no sui heredes, but only
sidered a granddanghter, were sui heredes; but a brother aind another brother's children, the brothe latter only when her husband was not in the  ther took all as the nearest agnatus.  If there was
power of the intestate at the time of his death. no brother surviving, and only children of brethren,
Posthumous children, who would have been in the  the hereditas was divided among all the children
power of the intestate if he were living, were also  in capita, that is, the whole was equally divided
sui heredes.  The sui heredes took the hereditas  aniong all the children.
in equal shares:  If there was a son or daughter,    If there were no agnati, the Twelve Tables gave
and children of a son deceased, the children of the  the hereditas to the gentiles.  [GENs.]
deceased son took the portion which their parent    Gaius (iii. 18, &c.) briefly recapitulates the strict
would have tacen.  But the distribution was in  law of the Twelve Tables as to the hereditates of
stirpes, that is, among the stocks or stems sprung  intestates:-emancipated children could claim nofrom the ancestor, and, not in ecapita, or amnong the  thing, as they had ceased to be sui heredes: the
individuals: thus, if there were a son, and the sons  same was the case if a man and his children were
of a deceased son, the son would take half of the  at the same time made Roman citizens, unless the
hereditas, and the sons of the deceased son would  imperator reduced the children into the power of
take the other half, in equal shares.              the father: agnati who had sustained a capitis
If an intestate had no sui heredes, the Twelve  diminutio were excluded, and consequently a soni
Tables gave the hereditas to the agnati.  (Gaius, who had been given in adoption, and a daughter
iii. 9.) It is stated unlder CoGNATI, who are agnati.  who was married and in manu viri: if the next
The hereditas did not belong to all the agnati, but agnlatus did not take possession, he who was next
only to those who were nearest at the time when  in order could not for that reason make any claim:
it was ascertained that a person had died intestate. feminae agnatae who were beyond the degree of
If the nearest agnatus either neglected to take the consanguinei had no claim: cognati, whose kiininheritance or died before he had taken possession  ship depended on a female, had no mutual rights
of it, in neither case did the next in succession, as as to their hereditates, anld consequently there were
agnatus, take the inheritance.  He was the nearest no such mutual rights between a amother and her
agnatus who was nearest at the time when it was  children, unless the mother had come in manuin
ascertained that a person lhad died intestate, and  viri, and so the rights of consanguinity had been
not he who was nearest at the time of the death; established between them.
the reason of which appears to be that the heredi-    Gains proceeds to show (iii. 25, &c.) how these
tas was in a sense the property of the intestate  inequitable rules of the civil law were modified by
until his heir was ascertained, and his heir could  the praetor's edict.  As to the succession of cognati
not be ascertained until it was certain that he had  under the Imperial legislation, see Inst. 3. tit. 5,
left no will; and as Gaius observes, if he had left De SCto Tertsuli.; Cod. 6. tit. 58; Nov. 118.
a will, still it might happen that no person would    If a man had a son in his power, he was bound
be heres under that will; and accordingly it seemed  either to make him heres, or to exheredate (exlaeebetter, as he observes, to look out for the nearest dare) him  expressly (nominatimo).  If he passed
agnatus at the time when it is ascertained that him  over in silence (silentio praeterierit), the will
there is no heres under the will.  If there were  was altogether void  (inCtile, n1on jzlue fiectzun).
several agnati in the same degree, and any one  Some jurists were of opinion that even if the son,
refused to take his share or died before he had  so passed over, died in the father's lifetime, there
assented to talke it, such share accrued (adcrevit)  could be no heres under that will. (Gaius, ii. 123,
to those who consented to take the hereditas.      &c.)  Other liberi could be passed over, and the
In the case of women, there were some peculi- will would still be a valid will; but the liberi so
arities which arose from  their legal condition  passed over took a certain portion of the hereditas
(Gaius, iii. 14).  The hereditates of women intes- ndcresCenzlo, as it was termed, or,jre adlcrescend~




HERES.                                             HERES.                    601
For instance, if the heredes instituti were sui, the  but only in respect of the property, for the.obliga.
person or persons passed over took an equal share  tion of the sacra privata was attached to property
with thenm.  If the heredes instituti were extranei, and to the heres only as the owner of it.  Hence
the person or persons passed over took a half of the expression " sine sacris hereditas" meant an
the whole hereditas; and as the praetor gave the  hereditas unencumbered with sacra.  (Plant. CGad.
contra tabulas bonorum possessio to the person so  iv. 1. 8, Trinumz. ii. 4. 83; Festus, s. v. Sine sacris
passed over, the extranei were deprived of all the  hereditas.)
hereditas. A rescript of the emperor M. Antoninus    The legislation of Justinian released the heres,
limited the amount which women could take by the  who accepted an hereditas, from all the debts and
bonorusm  possessio to that which they'could take  obligations of the testator or intestate, beyond
jure adcrescendi; and the same was the law in the  what the property would satisfy, provided he made
case of emancipated females.                       out an inventory (iuzcentarizsn2) of the property in
It was necessary either to institute as heredes, a certain form and within a given time.  (Cod. 6.
or to exheredate posthumous children nomwinatin, tit. 30. s. 22.)  It also allowed the institution of
otherwise the will, which was originally valid, a man's own slave as heres without giving  him his
became invalid (rZltumz7); and the will became  freedom.  (Inst. 2. tit. 14; comp. Gaius, ii. 185.)
invalid by the birth either of a posthumous son or    The heres could claim any property which bedaughter, or, as the phrase was, adgnascendo rum- longed to his testator or intestate by the hereditapitur testamentum.  (Cic. de 01. i. 57.)  Postumi tis petitio (Dig. 5. tit. 3. s. 20), which was an actio
were not only those who were born after the tes-  in rem, and properly belonged to a heres only,
tator's will was made, and came into his power or  though it was afterwards given to the bonoruln
would have come into his power if he had lived, possessor.  Each heres claimed only his share.
but also those who might become the sui heredes  (Cic. Pro Rose. Cons. c. 18.)
of the testator by the death of some other person    The coheredes shared among themselves the proin the testator's lifetime.  Thus, if a testator's son, perty, and bore their share of the debts in the, same
who was in his power, had children, and tile son  proportions.  For the purpose of division and setdied in the testator's lifetime, the grandchildren  tling the affairs of the testator, a sale was often
became sui heredes, and the testament became  necessary. (Cic.adAtt. xi. 15.) If the parties could
rulptum  by this quasi agnatio: it was therefore a  not agree about the division of the property, any
necessary precaution to institute as heredes or to  of them might have an actio familiae ercisciundae.
exheredate such grandchildren.  It follows that if  [FAMILIAE EsRC. Ac.]
the testament could be made invalid by this quasi    The hereditas might be alienated by the form of
agnatio, it must have become invalid by a son  in jure cessio.  The heres legitimus might alienate
being born in the lifetime of the testator, unless  the hereditas before he took possession of it, and
the will had provided for the case; for it became  the purchaser then became heres, just as if he ladl
invalid if the testator adopted a son or a daughter  been the legitimus heres. The scriptus heres could
(Ulpian) either by adrogation or adoption properly  only alienate it after the aditio: after such alienaso called, after the date of his will.  The case was  tion by him, or by the heres legitimus after aditio,
the samne if he took a wife in manum after the date  both of them  still remained heredes, and conseof the will.                                       quently answerable to creditors, but all debts due
The word Postumus has clearly the same signi-  to them as heredes were extinguished.
fication as Postremus. and literally means a child    The hereditates of freedmen are more properly
born last. The passage of Gaius is defective where  considered under LIBERTI and PATRONI.
lie treats of Postulmi; but the definition of Postumi,    Before it was determined who was heres, the
as preserved in the Breviarium, appears to be  hereditas was without an owner, and was said
exact: " Postumoruml  duo genera sunt:  quia ",jacere."   When a heres was ascertained, such
postumi adpellantur hi, qui post mortem patris de  person was considered to possess all the rights inuxore nati fuerint, et illi qui post testamentum   cident to the hereditas from  the time of the death
factum nascuntur."  Sometimes the word postumus  of the testator or intestate.  But this does not exis defined only as a child born after a father's  plain how we are to view the hereditas in the indeath, as we see in some of the Glossae, and in  terval between the death of the former owner and
Plutarch (Sulla, 37); but there is no proof that the time when the heres is ascertained.  During
the meaning was limited to such children; and the  such interval, according to one form  of expressaon
passages sometimes cited as being to that effect used by the Roman jurists, the hereditas is a juris(Dig. 50. tit. 16. s. 1 64; 28. tit. 3. s. 3) have been  tical person (vice p  bersonae ftingitur), and is the
misunderstood.                                     domina, that is, the domlina of itself; according to
As to Postumi alieni, see Gaius, i. 147, ii. 242; another form of expression, it represents the dleVangerow, Pandekten, &c. vol. ii. p. 90.          funct, and not the person of the future heres.
Other cases in which  a valid  testamentumn  These two forms are the same in meanling, and
became ruptum  or irritumn, are more properly con-  they express a fiction which has relation to the
sidered under TESTAMENTUAs.                        legal capacity of the defunct, and not that of the
The strictness of the old civil law was modified  future heres, and which does not involve the noby the praetorian law, which gave the bonorumn  tion of any juristical personality of the hereditas.
possessio to those who could not take the hereditas  The relation to the legal capacity of the defunct is
by the rules. of the civil law.  [BoNORUsv   Pos-  this: -  Slaves generally belonged to an hereditas.
SESSIO.]                                           A slave, as is well known, could acquire property
The heres represented the testator and intestate  for his living master, even without his knowledge 
(Ciq. de Ley. ii. 19), and had not only a clainm to all but the validity of the act of acquisition, in sonle
his property and all that was due to him, but was  cases, depended on the legal capacity of his master
bound by all his obligations.- He succeeded to the  to acquire.  Now, while the hereditas was without
sacra privata, and was bound to maintain them,  an ascertained owner, many acts of a slave by




602                IIERMAE.                                              HERMAE.
ewhich the hlereditas might receive additions, were  (HEIcsc. s. tc.).  Alli'ppaeos Apos near Ithaca
strictly void, and such acts could only have their  is imentioned in thie Odyssey (xvi. 471); Strabo
legal effect on the supposition that the slave had  noticed many EpuEca on the roads in Elis (viii.
an owner of a sufficient legal capacity; and accord-  p. 343); and even now an ancieint heap of stones
ingly, the fiction of law gave validity to the act of mar be seen onl the boundary of Laconia (Ross,
the slave by relation to the known legal capacity  I'clop. vol. i. pp. 18, 174).  The religious respect
of the late owner, and not by relation to the yet  palid to such heaps of stones, especially at the meetullnascertained owner who mnighlt not have such  ings of roads, is shown by the custom of each passer
legal capacity.  The following are examples:         by throwing a stone onto the heap (Nicand. T/le.
When a Ronlllan, who had a legal capacity to  150); this custom  was also observed with referlmake a will, died intestate, and another person  ence to the Hermae of later times, at least to those
appointed as his heres a slave, who belonged to  which stood where roads met.  (Anth. Gracec. oc.
this hereditas which was still without an owner, such  iuf;'a cit.)  Such heaps of stories were also seen by
institution of a heres would be valid by virtue of  Stralo  onl the roads in  Egypt (xvii. p. 818).
this fiction, because it had reference to the legal  Another mnode of marking a boundary or other de.
capacity of the deftusct. If there had been no such  finite locality was by a pillar of stone, originally
fictionl, the validity of the inlstitution would have  lunhewil, the sacred character of which was marked
been doubtful, for the unascertained legitimuts heres  by pouring oil upon it anId adorning it (Theophrast.
might be stn intestabilis, who (ait least according to  16, corlp. Gcnesis xxviii. 18, 22, xxxi. 45 —48,
the old law) could not be instituted heres. -If a  where both the pillar and the heap of stones are
soldier died and left as will, which w-as snot yet  set itp for a witness, xxxv. 14).  The Egyptians
opened, another testator might institute as heres a  obelisk probably belongs to the same class of monuslave belongingr to the soldier's bereditas, because  sllents.
the institution, according to this fiction, had refer-    Referring the reader, for the further examination
ence to the deceased; but if there were nlot this  of these mnatters, to works in which they are disfiction, the institution might be void, inasomu  (cl s   ciussed at length (Zoega, cle Orig. et Us. Obelisc.,
the uniascertained heres might be a peregrinus who  Romae, 1797, p. 217;  Gerhard, de Religione
had no testanentifactio with this other testattor.  -    Iernzurtlr, Berol. 1845, 4to.; Otto, ce Dnis ViaIt was to provide for such cases as these only, that  /l&uts, c. 7;  Miiller, A rchiiol. d. KunT2st, ~ 66;
this fiction was inltroduced; and it liad no other  Preller, in Pauly's Real-Eslcy. d. Clrtss. Alltesth.
object than  to facilitate certain acquisitions by  s. v. illrc'curizs'us, vol. iv. p. 1845), we assume that,.means of the slaves who belonged to an hereditas."  of these ileaps of stones ansd pillars, those which
This masterly exposition is by Sa-6igny (nSycstem   marked boundaries were either originally symbols
des ecut. P1. R. vol. ii. p. 363).                   of, or were afternwarcls consecrated to, the god
(Gains, 2. 99-190,'. 1-24;  Ulpian, FiFoq.  IHernmes.  It is not denied that such rude memoxxii., Dig. 283, 29; Inst. 2, 3; Rein, Dass Roi-  rials were at first symbols of the various gods alike,
miscle PiuatrecAt, p. 361, &c. Erbrechllt, a  sefll  but at a very early period they came to be more
compenldiuml of the Law of Hereditas, as it appears  especially associated with the worship of Hermes.
chiefly in the Latin classics; Vanugerow, Pzand/eukte,    The first attempt at the artistic development of
&c. Erbrecht, vol. ii.  The chapter on Erbrecht in  the blocks of stone and wood, by which, in the
Puchta's lnstituutionuecn, &c. i  p. 215, &c. is colcise  earliest period of idol-worship, all the divinities
and very clear.)                         [G. GL.j    were represented, was by adding to them a head,
HERMAE (Epa?), -ald the dilinutive Herumuli  in the features of which the characteristics of the
(Ep,/et:a), statues composed of a head,usuually that of  god were supposed to be expressed; and afterwards
the god Hermes, placed on a quadranrgular pillar,  otlher mnemnbers of the body were addedl, at first
the hleight of which corresponds to tile stature of  w ith a symbolical ileaning.  These changes prothe human body ('reTrpciwSvos pyaof-a, Thuc. vi.  daced the Hermuae, such as they are described by
27;'o'b ar ia TOb TeTpcyW'oVY, Paus. iv. 33. ~ 4,  the anlcieint authors, and as we 1now have thelm.
s. 3).  Some difficulties are involved in the ques- The phallus formed an essential part of the symbol,
tion of their origin, and of their meaning as symbols  probably because the divinity  represented:by it
of Hermes.  One of the most imlportant features  was in the euarliest times, before the worship of
in the msythology of Hermes is his presidence over  Dionysus was imported firom  the East, the perthe common intercourse of life, traffic, journeys,  sonificationl of the reproductive powers of mnature.
roads, boundaries, and soforth, and there can be no  So the symbol is described lby Herodotus, who
doubt that it Lwas chiefly in such relations as these  ascribes the oiigin of it to the Pelasgians, whlo
that he was intended to be represented by the  colmmunicated  it to the Athenians, and they to
Iicriutae of the Greeks and by the TerC'7inini of the  the other Greeks. (I-erod. ii. 51; Pint. ans Seni sit
1tounans, when the latter were identified with the  Resp. per. 28. p. 797, f.; Cic. de Nat. Deos'. iii.
Hermee.  It is therefore nmatural thact we shllould  22; comp. Creuzer's sote, in Baehr's edition of lHelookl for the existence of this s-ymbol in the very  rodotus.)  Pusaniias gives the same account of the
earliest times in which the use of boutndary-moarLks  matter (i. 24. ~ 3, iv. 33. ~ 3. s. 4), auod also states
was required; and in such tinles thle symbols  that the Arcadianis were particularly fond of the
wvould be of the simnplest character, a heap of stones  yaeyajAa TrepCa'o-Yov (viii. 48. ~ 4. s. 6     where
or an umihewn bloclk of' miarble.  Now we find that  the statuse referred to is one of Zeus), which is
there were in many parts of Greece heaps of stones
by the sides of roads, especially at their crossings,  from  p?/a, a keap? (comnp. Buttlmanton, Leril. pp. 302,
aldul on the boundaries of lands,  lhich were called  303).  It would seem, at all events, that the
p/aueia or EptzeZa, Ep/aeom AoXo'pot and Epj/aKces*  words are in some way connected; though the
question, whether the god took his name from the' Lessinog, Bbttiger (Andeust. p. 45), and others  synmbol, or the symbol from  the god, carnnot be
derive these owords, and also the name of the god,  entered into here.




HERMAE.                                               I- ERMAE.                    603
some confirmation of the tradition which carried  Aot, i. 24. ~ 3), and, ill place of tlle arms, there were
back the invention to the Pelasgic times.             oftenl projections to hanlg garlanlds uponll; but, when
In the historical times of Greece, too, it was at  the reverence attached to the anlcient type became
Athens thtt the HIermae were most numerous  less, and the love of novelty greater, the whole
and most venerated.  So great was tihe demand  torso was placed upon a quadrangnular pillar, which
for these works that the words IpyooyTX6os, ipto-  lessened towards the base, alnd finally the pillar
wyAuptrc-r texil, and  -'pooyXvrpEov, were used as  itself was sometimes chiselled to indicate the sepa.
tlhe generic terms for a sculptor, his art, and hIis  ration of the legs, as mnay be seen in a tetragonal
studio (1Plat. Synzlj. p. 215, a.; Lucian, cle Sossn.  female  statue ill the Villa Albani. (AVilnkelil.
i. 7, vol. i. pp. 3, 4, 1 0, 11; and the Lexicons).    Storia delle Arle, vol. i. t a. 1.)  Sometimes, as
Houses in  Athens had  one of these statues  above stated, tlte ]lead was double, triple, and evet
placed at the door called Ep/1s OTpodpaOos or repo-  foturfold.  The whole figure was  nerllerally of stone
rpevs (Thucyd. vi. 27; Aelian..1I. ii. 41; Suid.  or marble; but Cicero (ad Alt. i. 8) mentions
s. v.; Pollux, viii. 72; Ath. x. p. 437, b.)  some-  somie which were of Pentelic marble, with bronze
tillies also in the peristyle (Lucian, Actvig. 20,  heads. (Miiller, Azlrciiol. d. Ktizst, ~ 67.)
vol. iii. p. 262), which were worshipped by the          Matny statues existed  of other. deities, of tlhe
women as instrumental to fecundity (see bas-relief  same form  as tic the Herla;e; which no doubt oriin Boissarde, Antiq. RomieZ. part 1), and the great  gintcted inl the samle ianner; and wwhich were still
reverence att ached to them is shown by the alarm   called by the gelleric name of I-ericae, even though
and indignation which were felt at Athens in.con-  the  bust upon  them  was tllat of another deity.
sequence of the mutilation of the whole number in  Several images of this kind are described by Paua single night, just before the sailing of the Sicilian  sanias; one of Poseidon at Tricoloni in Arcadia
expedition.  (Thliucyd. vi. 27, with Poppo's note;  (viii 35. ~ 6(), another of Zeus Teleios at Tegea
Andoc. de. 111/st.; Aristoph. Lysist. 1093, 1024,  (ib. 48. ~ 4), aund anlother of Aphrodite Urania
atlld Schol.; Aristopllanes applies the term  pguoeco-  at Athens  (i. 19. ~ 2).  The reason  why the
7rlatt to the mutilators; see also Plhot. s. s. eppuo-  statues of the other deities were developed into
tceeniat.)                                            perfect forms, while  those of Hernmes so geneThey were likewise placed il front of telmples,  rally  (by no mllenlls universallly) retainled  their
near to tombs, ill the gymlnasia, palaestrae, libraries,  ancient flshion, is obviously  ot account of the reporticoes, anid public places, at the corners of streets,  ligious significance attached to the symbol of the
on high roads as sign-posts, with distances inscribed  pillar, as a boundary maark.       sllere this motive
upon them  (Biickh, Coip7. Iscr. No. 12; Epiigr.  was not called into acti:n, HIermes himself was
IJscert. No. 234, Brunck, Ana.l. vol. iii. p. 197,  represented il thle comlplete h-ultan form  with all,4At//. Ploseadl. iv. "254; the other epigrams onl  the perfection of Greek art, as, for examlple, in his
Herinae, Nos. 255, 256. deserve notice); and  statues inl thle ulutalestrae, and in those which elnsome are still to be seen at Athens with the nanms    bodied  others of his attributes.   (See MIdiller,
of victors in the gymniastic contests inscribed upon  Aitc/iol. d. Kioust, ~~ 380, 381.)
them.  (Leake, At/hens, p. 17, ii. 1.)  Th''ey were      Some statues of this kind are described by a
even mlade vehicles of public inlstruction, according  name compounded of thait of Herlnes and anotlher
to the author of the IIipja)( lus'   (falsely ascribed to  divinity: thus we have I-Incarectnezubis, Herinuares,
Plato, p. 229), who says that the tyrant Hippar-  ilerinzat/hca (Cic. adl Att. i. 4), Ilerlcceacles (Cic.
chlus placed Herniae is the streets of the city and  ad Att. i. 10), Herineoros (Plin. II. N. xxxvi. 5.
in roads throughout Attica, inscribled with moral  s. 4. ~ 10), icrioopacn.  It has been much clisverses, such as the following:                        puted whether sucll figures were comlposed of the
Mry~ua To'4'I7r7rdapXov eTE7XE 8saCCtea ipOtimOV.    square pillar, as the emblem of IHermles, surmounted
Mvm7'3a  s-e''IrsrrdpXyoo /) qAo' eSCszru~ia.       1Jby the bust of the other divinlity; or, seconidl-,
whether the heads of Hermes and the other god
(Comp. Harpocrat. s. v.'Epual; Hesych. s. v:  were united, as in the bust of Jalmus; or, lastly,'Ir7r-dpxelo'Ep'.a?, with Alberti's note).  Those  whether the symbolical characteristics of the two
which stood at cross roads had often three or four  deities wvere combined in the same statue.  As to
heads (Philoch. p. 45, ed. Siebelis; Harpocr. anld  tIle first explaination, it seemls lhardly probable that,
Ltyin. 111 s. s. vrplKpaxos'Epxls; Phot. Hesych.  so lalte as the time of Cicero, the mere pillar should
v. v. rs'rpaniceqaXos'Epuis; Eustath. ad Homz. p.  have been considered as adequate a representation
1353. 3).                                             of H-Iernmes as the bust swas of the other deity: the
Numerous examples occur ill Pausa niasis and  second is supported  by  matlny existing termninal
other writers of their being placed on the boun-  clouble busts: the  third  call onmly be regarded
daries of lands and  states anld at the gates of mas all ingenious colljectumre,  which mally be' truie of
cities (7rpbs sr-  srvooS, 7rporvAaos, Paus. viii. 34.  somle works of a late period of art.  We thinlk
~ 3. s. 6, iv. 33. ~ 3. s. 4, et alib.; I-Harpocr.) Small  that thle second  is the true explanation in the
1-erince were also used as pilasters, aLnd as sup-  passages from Cicero.  (Comp. Ioiiller, Arcaiiol. d.
ports for furniture and utensils.  (Pollux, vii. 15,  KI1unst, ~ 345, n. 2.)
73; Mliiller, Arc/h. ~ 379, n. 2.)  Respecting thle      There is still another class of these works, in
use of the Irernmacmc and iLertsue/li in the Circus,  which tile bust represented no deity mat all, but was
see pp. 285, a, 286, a.                               sinmiply tIhe portrait of a man, and it which tile
With respect to the form of these works, the es-  pillar loses all its symbolical meaninlg, and becomes
sential parts have been  already mentioned.  A   a nmere pedestal.  Even these statues, however, repointed beard (s'pr/vosrc'ysio,) belonged to the ancient  tained the names of flereale  and Tertmini.  The
type (Artemid. ii. 37). A mantle (iciUr'oT,) was fre-  examples of them  are very numerous.  A  list of
quently hung over the shoulders (Paus. viii. 39. ~ 4; these and of the other I-ermae is given by C. W.
I)iog. Laert. v. 82).  Originally the legs and arms  Miiller.  (Ersch and Gruber's Elecyklopiidic, art.
were altogether wanting (Pausanias calls thenm eci-  iIort1te.)




604             IHERMAEA.                                          IHETAERAE.
The Hermae of all kinds were in great request    The town of Phenecos, in Arcadia, of which
among the wealthy Romans, for the decoration of Hermes was the principal divinity, likewise cele.
their houses and villas.  It is also stated that they  brated Hermaea with games and contests. (Paus.
used them  as posts for ornamental railings to a  viii. 14. ~ 7.)  A  festival of the same kind was
garden, in which case they were commonly deco-  celebratedat Pellene. (Schol. adPind. 01. vii. 156,
rated with the busts of philosophers and eminent and Nenz. x. 82.)  Tallagra, in Boeotia (Paus. ix.
mnen, some of which may be seen at the Vatican  22. ~ 2), and some other places, likewise celeand other museums, with the square holes in their  brated festivals of Hermes, but particulars are not
shoulders into which the transverse rail was in-  known.                                   [L. S.]
serted.  This square hole, however, is also seen in   HIERMATHENA.  [HERMAXE.]
Hermae of old Greek workmanship, in which    H-IRMERACLAE.  [HERMAE.]
cases they were probably the sockets of the pro-    HERO'NES, baskets or crates of sedge, which
jections, above mentioned, for hanging garlands on. were employed, when filled with chalk, for making
The existing remains of ancient art are rich in  a foundation in the water (Vitruv. v. 12. ~ 5).
terminal statues of all the classes which have been  Pliny states that the architect of the temple of
described; and specimens of nearly all may be  Diana, at Ephesus, raised to their places immense
seen in the British Museum, and in engravings in  blocks, which formed the architrave, by means
Muller's Denkniiler der alten Ksunst (vol. i. pl. i. of an inclined plane, constructed of /herones filled
Nos. 3, 4, 5, vol. ii. pl. xxviii. Nos. 299, 300, 303, with sand (H. N. xxxvi. 14. s. 21).  In these
pl. xxxi. No. 341, pl. xxxiii. Nos. 376, 386, 387, and the few other passages where it occurs, the
pl. xxxvi. Nos. 428, 429, pl. xlii. No. 526).  The  readings of the word are very various.  Different
first two examples in Miiller are very interesting:  modern scholars have adopted one of the three
the one is a bas-relief, exhibiting a Hermes deco- forms, aerones, erones, or herones.  (See Schneider,
rated with garlands and surrounded with the im- ad Visifu. 1. c.)                          [P. S.]
plements of his worship, as shown in the following    HEROON  ('p,~ov)  [APOTHEOSIS;  FUNUS,
engraving; the other is also a bas-relief, in which  pp. 556, b., 557, a.]
HESTIA  (Ea'-a) [Focus.]
HESTIASIS (iTo-riaes), was a species of liturgy, and consisted in giving a feast to one of the
tribes at Athens (Triv pvX,' EoTriLv, Dem. c. leid,
p. 565. 10; Pollux, iii. 67.)  It was provided for
each tribe at the expense of a person belonging
to that tribe, who'was called ETd-c'Twp.  (Dem.
c. Boeot. p. 996, 24.) Harpocration (s.v.'E-LaTCrcp)
<, s              states on the authority of the speech of Demosthenes against Meidias, that this feast was sometimes provided by persons voluntarily, and at other
times by persons appointed by lot; but as Bhckh
remarks, nothing of this kind occurs in the speech,
-A5 /  e ~ and no burthen of this description could have been
imposed upon a citizen by lot.  The ic-rTdr.opss
were doubtless appointed, like all persons serving......._________________  =   liturgies, according to the amount of their property
in some regular succession. These banquets of the
we see a terminal bust of Dionysus washed and de-  tribes, called  pVAETLCe  a se?1rva by Athenaeus (v.
corated by a man and three women. Respecting the  p. 185, d), were introduced for sacred purposes, and
Hermae on coins, see Rasche, Lex Univ. Rei Num.  for keeping up a friendly intercourse between pers. vv. ilerZma, Ierm2athene, Herm2es.   [P. S.]    sons of the same tribe, and must be distinguished
HERMAEA  ("Eptuaia), festivals of Hermes, from the great feastings of the people, which were
celebrated in various parts of Greece.  As Hermes  defrayed from the Theorica.  (Bbckh, Publ. Econz.
was the tutelary deity of the gymnasia and palaes. of Athens, p. 452, 2nd. ed.; Wolf, Proleg. ad
trae, the boys at Athens celebrated the Hermaea  Dews. Leptin. p. lxxxvii. note 60.)
in the gymnasia.   They were on this occasion    HETAERAE  (Era'pat). The word eTaLpa oridressed in their best, offered sacrifices to the god, ginally signified a friend or compaIlion, but at
and amused themselves with various games and  Athens, and in other towns of Greece, it was aftersports, which were probably of a more free and un.  wards used as a euphemistic name for 7ropvsl, that
restrained character than usual.  Hence the gym-  is, a prostitute, or mistress.  (Plut. Solon, c. 15;
nasiarch was prohibited by a law of Solon (Aeschin.  Athen. xiii. p. 571.)   As persons of this class
c. Tinzarch. p. 38) from  admitting any adults on  acted a much more prominent and influential part
the occasion.  This law, however, was afterwards  in some of the Greek states than in any of the
neglected, amd in the time of Plato (Lysis. p. 206,  most demoralized capitals of modern times, we
d. &c.) we find the boys celebrating the Hermaea  cannot avoid in this work stating their position and
in a palaestra, and in the presence of persons of all their relations to other classes of society.  But as
ages. (Becker, Charikcles, vol. i. p. 335, &c.; com-  their conduct, manners, ensnaring artifices, and impare GYMNASIUM, p. 580), b.)                       positions, have at all times and in all countries been
Hermaea were also celebrated in Crete, where,  the same, we shall confine ourselves to those points
on this occasion, the same custom prevailed which  which were peculiar to the hetaerae in Greece.
was observed at Rome during the Satmrnalia;  for    First we may mention that the young men at
the day was a season of freedom and enjoyment  Athens, previous to their marriage, spent a great
for the slaves, and their masters waited upon them   part of their time in the company of hetaerae withat their repasts.  (Athen. xiv. p. 639.)           out its being thought blamable in any respect




tIETAERAE.                                         HETAERAE.                   605
whatever.  Marriage, indeed, produced on the  a tax (lropvaKbp EXAos, Aesch. c. TilnarecT. p. 131,
whole a change in this mode of living of young  &c.), and the collecting of this tax was every year
men, but in innumerable instances even married  let by the senate to such persons (TeXIrai, or
men continued their intercouse  with  hetaerae, 7ropworeXpCOat, Philonides, a]). Pollzte. vii. 202)
without drawing upon themselves the censure of as were best acquainted with those who had to pay
public opinion; it seems, on the contrary, evident it.  The hetaerae were under the superintendence
from the manner in which Demosthenes (c. ATeaer. of the &yopavyetoL (Suidas, s. v. ALd-ypetea),   and
p. 1351, &c.) relates the history of Lysias the  their places of abode were chiefly in the Cerameisophist, that such connections after marriage were  cus.  (Hesych. s. v. KepalcsIEds.)
not looked upon as anything extraordinary or in-    The number of private hetaerae, or such as did
consistent, provided a man did not offend against not live in a 7ropve7?o, was very great at Athens.
public decency, or altogether neglect his legiti- They were, however, generally not mere prostimate wife and the affairs of his household, as tutes, but acted at the same time as flute or cithara
was the case with Alcibiades.  (Andoc. c. Alcib. p. players, and as dancers, and were as such fre177.)   This irregular condition of private life  quently  engaged  to  add  to  the splendour of
among the Greeks seems to have arisen chiefly fiamily sacrifices (Plaut. Epid. iii. 4. 64), or to enfroml two causes; first from the great love of sen- liven and heighten the pleasures of men at their
sual pleasures, which the Greeks appear to have  symposia.  Their private abodes, where often two,
possessed in as high  a degree as most other three, and more livedtogether, were also frequently
southern nations; and, secondly, from the gene- places of resort for young men. (Isocrat. Areopacy.
rally prevailing indifference between husbands and  p. 202, Bekker.)  Most of these hetaerae not only
wives.  As regards the latter point, matrimo- took the greatest care to preserve their physical
nial life in the historical times of Greece was very  beauty, and to acquire such accomplishments as we
different from that which we find described in the just mentioned, but also paid considerable attention
heroic age.  HIow this change was brought about to the cultivation of their minds.  Thus the Areais not clear; but it can scarcely be doubted  dian Lastheneia was a disciple of Plato (Athen.
that, generally speaking, the Greeks looked upon  xii. p. 546), and Leontion a disciple of Epicurus
marriage merely as a means of producing citizens  (Athen. xiii. p. 588); Aspasia is even said to have
forthe state. (Dem. c. Neaer. p.1386; Becker, Cza-  instructed  Socrates and Pericles.  Whatever we
ridles, vol. ii. p. 215, &c.) The education of women  may think of the historical truth of these and simiwas almost entirely neglected; they were thought lar reports, they are of importance to the historian,
a kind of inferior beings, less endowed by nature, inasmuch as they show in what light these hetaeand incapable of taliing  any part in public affairs  rae were looked upon by the ancients.  It seems
ancd of sympathising with their husbands.  In an  to have been owing, especially to their superiority
intellectual point of view, therefore, they were not in intellectual cultivation over the female citizens,
fit to be agreeable compainions to their husbands, that men preferred their society and conversation
who consequently sought elsewhere that which  to those of citizens and wives, and that some
they did not find at home.  It is true the history  hetaerae, such as Aspasia, Lais, Phryne, and
of Greece furnishes many pleasing examples of do- others, formed connections with the most eminent
imestic happiness, and well-educated women, but men of their age, and acquired considerable iinfluthese are exceptions, and only confirm the general ence over their contemporaries.  The free. and unrule.  A consequence of all this was, that women  restrained conduct and conversation, which were
were bound down by lules which men might vio- not subject to the strict conventional rules which
late with impunity; and a wife appears to have had  honest women had to observe; their wit and
no right to proceed against her husband, even if humour, of which so many instances are recorded;
she could proVe that lie was unfaithful (Plaut. Meoe- were well calculated to ensnare young men, and to
cat. iv. 6. 3), although she herself was subject to  draw  the attention of husbands away fronm their
severe punishment if she was detected.   The  wives.  Women, however, of the intellect and
isolated testimony of a late writer like Alciphron  character of Aspasia were exceptions: and even
(Epist. i. 6), who represents a wife threatening  Athenian  citizens did not scruple  to introduce
her husband, that unless he would give up his dis- their wives and daughters to her circles, that they
solute mode of living, she would induce her father might learn there the secrets by which they might
to bring a charge against him, can, as Becker gain and preserve the affections of their husbands.
(Clarsikles, vol. i. p 1 i2) observes, prove nothing, The disorderly life of thenmajority of Greek hetaerae
inasmuch as a neglect of family affairs might, in  is nowhere set forth in better colours than in the
this case, have been the ground for accusation.    works of the writers who belong to the so-called
But to return to the hetaerae; the state not school of the middle comedy, and in the plays of
only tolerated, but protected them, and obtained  Plautus and Terence; with which may be compared
profit from them. Solon is said to have established  Demosth. c. Neaer. p. 1355, &c., and Athen. book
a 7ropes7ov (also called,rarr-aoKE7o,, ip-yae-Trpmov     xiii.  It was formerly supposed that at Athens
or oskrvua), in which prostitutes were kept (Athen. a peculiar dress was by law  prescribed to the
xiii. p. 569), and to have built the temple of Aphro- hetaerae, but this opinion is without any foundadite Pandemos with the profit which had been  tion.  (Becker, Cisarikles, vol. i. p. 126, &c.)
obtained from them.  At a later period the num-    The town most notorious in Greece for the nunuber of such houses at Athens was increased, and  her of its hetaerae, as well ias for their refinled manthe persons who kept them  were called rsoppooo- ners and beauty, was Corinth.  (Plato, De Rep.
KoL, lenones.  The conduct of the hetaerae in these  iii. p. 404; Dio Chrysost. Orat. xxxvii. p. 119,
houses is described in Athenaeus (xiii. p. 568).  Reiske; Aristoph. Plott. 149, with the Schol.;
All the hetaerae of such houses, as well as indivi- and Schol. ad Lysistr. 90; Athen. xiii. p. 573, &c 
duals who lived by themselves and gained their MUller, Dot-. ii. 10. ~ 7.)   Strabo (viii. p. 378)
livelihood by prostitution, had to pay to the state  states that the temple of Aphrodite in tlis to'm-n




G.06     IIETAIRESEOS  GRAPIIE.                                      IIIERODUJLI.
possessed more than one thousand hetaerae, who  franchise, and aspire to bear office in the state.
were called ieposovXot, and who were the ruin of From  the law, which is recited  by Aeschines
many a stranger who visited Corinth.  (Wachs- (e. Tinzarcch. p. 47), we learn that such offenders
muth, Ilellen. Alterth. vol. ii. p. 392.)  Hence the  were capitally punished.  The cause was tried by
name KopLOia icdp- was used as synolnymous with  the court of the thesmothetae.  (Meier, Att. Proe.
Cirafpa, and moptrvOmaeoe0at was equivalent to ieaL- p. 334.)                            [J. S. M.]
pe7,.  (Eustath. ad Iliad. ii.,570.)  At Sparta,    IIETAIRIAE (E'alppta).  [ERANOS.]
and in most other Doric states, the hetaerae seem     IIEXA'PHORUM.  [LECTICA.]
never to have acquired that importance which they    HEXA'STYLOS.  [TErzMPLuM.]
had in other parts of Greece, and among the Greeks    HEXE'RES.  [NAVIs.]
of Asia Minor.                                       HI-IEREION (ifep-Eov).  [SACRnFICIUM.]
An important question is who the hetaerae gene.    HIEREIS TON SOTERON (iepeY rcr (rcWO'Vlrally were?  The lepoAovAot of Corinth were, as pwy), priests of the Saviours, that is, of Antigonus
their name indicates, persons who had dedicated  and l)emetrius, who were received by the Athethelnselves as slaves  to Aphrodite; and their nians, in B. c. 307, as their liberators with heonours
prostitution was a kind of service to the (oddess. and flatteries of every sort.  They even went so
[HIERODvUL]1  Those 7rpveat who were kept at far as to pay diviIle honosrs to these princes under
Athens in public brothels by the 7ropmo~eoorcot, were  the title of Saviours (ow-rTpes), and to assign apriest
generally slaves belonging to these xopvoGo(rtcoi, who  (iFp.v5s) to attend to their worship, who was to be
compelled them to prostitute their persons for the  elected annually and to give his nanme to the year in
purpose of enriching themselves.  I'lThe owners of place of the first archon. This continued for twenty
these 7rdpmat were justly held in greater contempt years till the conquest of Demetrius by Pyrrhus in
than the unhappy victims themselves.  Sometimes, a3. c. 2(37, when the office was abolished and the
however, they were real prostitutes, who voluntarily  first archon restored to his former position in tlle
entered into a contract with a IropvoCoolcos: others state.  (Plut. Deoetr. 10, 46.)  The  magistrates
again were females who had been educated in  of these twenty years were in later times called
bletter circumstances and for a better filte, but had  archons, as, for instance, by Diodorus and Dionyby misfortunes lost their liberty, and were compelled  sius of lHalicarnassus, since the Athenians, as
by want to take to this mode of living.  Among  Clinton remarks, would not leave upon their Fasti
this last class we may also reckon those girls who  this mark of their humiliation. (Droysen, Gescsicite
had been picked up as young children, and brought cdes  [ellenisizsus, vol. i. p. 439; Clinton, F. If.
up by 7ropvoeoctcol for the purpose of prostitution. vol. ii. p. 380, 2d ed.; HIermann, Lemirbucle. dl.
An  instance of this kind is Nicarete, a freed  Griech. Staatsaltelrth. ~ 175, n. 7; Schbmann, Altiqou.
woman, who had  contrived  to  procure  seven  J1r. hPubl. Graee. p. 360.)
young children, and afterwards compelled them to   I-IIERODU'LI (ispi3ovXot), were persons of
prostitution, or sold them to men who wished to both sexes, who were devoted like slaves to the
have the exclusive  possession of them.  (Dem. worship of the gods.  They were of Eastern origin,
c. Neaesr. p. 1351, &c.)  Other instances of tile and are most ifrequently met with in connection
same kind are mentioned in the comedies of Planl- with the worship of the deities of Syria, Phoenicia,
tus.  (Compare Isaeus, De Philocotem. hered. p. and Asia Minor.  They consisted of two classes;
143.) Thus all prostitutes kept in public or private  one composed of slaves properly so called, who athouses were either r. al slaves or at least looked  tended to all the lower duties connected with the
upon and treated as such.  Those hetaerae, on the  worship of the gods, cultivated the sacred lands,
other hand, who lived alone either as mistresses of &c., and whose descendants continued in the same
certain  individuals or as comnion hetaerae, were servile condition; *lad the other, conmprising peralmost invariably  strangers or aliens, or freed- sons, who were personally free, but had dedicated
women.  The cases     whnich daughters of Athe- themselves as slaves to the gods, and who were
nian citizens adopted the life of a.i  hetaera, as either attached to the temples, or were dispersed
Lainia, the claulg ter of Cleanor  (Atlhei. xiii. p. througllout te country and brought to the gods
577), seem  to have occurred very seldom; and  the money they had gained.   To the latter class
whenever such a case happened, the woman was belonged the women, who prostituted their persons
by law excluded froml all public sacrifices and offices, anld presented to the gods the money they had obmlmnk down to the rank of an alien, and as such be- tained by this means.  The pomp with which relicame subject to the 7ropmrcbl TAE'Xo5: she generally  gious worship was celebrated iIn the East, and the
also changed her name.  The same degradation  vast domains which mauny of the temples possessed,
took place when an Athenian citizen kept a 7rop- required a great niumber of servants and slaves.
vEseov, which seems to hlbave happened very seldom. Thus, tile great temple at the Cappadocianm Cornann
(Bbckh, Piubl. Escon. of'Ati/ens, p. 333, 2ntd ed.)   possessed as many as 6000 hieroduli (Strab. xii.
(Fr. Juacobs, Beitrisqe Zir CGesch. des Weibliclh. p. 535), and that at Morimene had 3000 of the
(eschlechts, in his TV7ermmischte Schrizfeu%, vol. iv.; same class of persons.  (Strab. xii. p. 537.)  So
Becker, Chaslrikles, vol. i. p. 109-128, andl vol. ii. numoerous were the hieroduli at Tyre, that the
p. 414-439; Limtburg-Brouwer, tistoire de de la  high-priest by their support frequently obtained
Civilisatiozioale       ieuse gie es Grees; Wachs-  the regal dignity.  (.Joseph. c. Apiomz. i. 18, 21.)
miuth, IIeUl/e. Alltemtl?. vol. ii. p. 392, &c.) [L. S.]  These large numbers arose from the idea, prevalent
IIETAERI ('ealpoi).  L[ExRCiTvsU, p. 4188, in the East, that the deity must have a certain
1,.1.`           Iclass of pelsons specially dedicated to his service
HETAIRESEOS    GRAPHE    (eralpljcvs and separated from the ordinary duties of life, and
~/pac(p).  This action was maintainable against that it was tile duty of all who had the power to
such Athenian citizens as had administered to the  supply as many persons as they could for their serminnatural lutsts of another; but only if after such  vice. Thus, kings dedicated as sacred slaves the pridegradation they ventured to exercise their political sonlles whiom they took in war, parents their children,




IIEROMNNEMONES.                                    IlIEROSYLIAS GCRAPIIE.    607
and even persons of the highest families sent tllcir  Megara, were called hieromnemones (Plut. S!y/)p.
daughters to the temples to sacrifice their chastity  viii. 8. ~ 4); and  at Byzantium, which was a
to the gods, at least till the time of their marriage. colony of Megara., the chief magistrate in the state
This practice of females offering their chastity to  appears to have been called by this name.  In a
the gods was of ancient origin in the East, and  decree of Byzantium, quoted by Demosthenes (pro
seems to have arisen from the notion that the gods  Coreon    p. 255. 20; compare Polyb. iv. 52. ~ 4),
ought to have the first-fruits of every thing.  The  an hieromnemon is mentioned, who gives his namle
custom prevailed at Babylon (H-erod. i. 1 99; Strab. to the year; and we also find the same word ol
xvi. p. 745), as well as in many  other places. the  coins of this city.  (Eckhel, Doctr. Noun.
(Comp. Heyne, De Baklloniorum  instiftdto religioso, vol. ii. p. 31, &c.)  At Chalcedon, another colony of
&c. in Comment. -Se ciet. Gottinq. vol. xvi. p. 30, &c.)  Megara, an hieromnemon also existed, as is proved
The Greek temples had of course slaves to perform  by a decree which is still extant. (Miiller, Doe. iii.
the lowest services (Patus. x. 32. ~ 8); but we 9. ~ 10.) An inscription found in Thasos also mcnalso find mention in some Greek temples of free  tions an bieromnemon who presided over the trea..
persons of both sexes, w-ho had dedicated them- sury.  (Bockh, Corp. Inscrip. vol. ii. pp. 183, 184.)
selves voluntarily to the services of some god, and    HIERONI'CAE.  [ATHLETAE.]
to whom  the term  of hieroduli was generally ap-    HIEROPHANTES   (i'popCldrVs).   [ELEUplied.  Masters, who wished to give slaves their SINIA.]
freedom, but were prevented  by various causes    HIEROPOII (icp9orotoi), were  sacrificers at
from manumitting them, presented them  to some  Athens, of whom  ten were appointed every year,
temple as iEpoo6eXoL under the form of a gift or a and conducted all the usual sacrifices, as well as
sale, and thus procured for them liberty in reality. those belonging to the quinquelnnial festivals, with
Such cases of manumission frequently occur in in- the exception of those of the Panathenaea. (Pollux,
scriptions, and are explained at length by Curtius  viii. 107; Photius, s. 0.'IEpoarowl.)   They are
(de AIanumnissione satcera Graecosruzm, in his Anecdota  frequently  mentioned  in  inscriptions.  (Bickh,
De/lhica, Berlin, 1843, p. 10, &e.; comp. Plut. Corp. Istcr'. vol. i. p. 250.)  The most honouralle
Amiatt. c. 21, T-rv  AAXxco  6eoirs'Trom   cal apXVrXYTWv  of these officers were the sacrificers for tile revered
E'XEOepoL seal  pcrom KtcaOa17rep iep3ovXsot 8&a-reXoO- goddesses or Eumlenides (iepo7ro0tl TraTs o'eyuac,cLY). The female hieroduli, who prostituted their aieas), who were. chosen by open vote, and propersons, are only found in Greece connected with  bably only performed the commencement of the
the worship of divinities who were of-Eastern origin, sacrifice, and did not kill the victim  themselves.
or many of whose religious rites were borrowed from   (Dem. c. AJleid. p. 552. 6; Bickh, 1-'tbl. E~con. of
the East.  This was the case with Aphrodite, who  Athlens, p. 216.)
was originally an Oriental goddess.  At her temple    IlIEROSYLIAS  GRAPHE  (iepoa-vMias ypaat Corinth there were a thousand iepdoouXos  TraTpat, q)s).  The action  for sacrilege is distinguished
wvho were the ruin of many a stranger who visited  from  the tcXo7rXIs isepes  XPrl-TYq'ypoaa,  in that
Corinth, and there was also a large number of the  it was directed against the  offence of robbery,
same class of women at her temple at Eryx, in  aggravated by violence and desecration, to which
Sicily.  (Strab. viii. p. 378, vi. p. 272, comp. xii. the penalty of death was awarded.  In the latter
p. 559.)  (Hirt, Die lHier'oduelle,   with appendices  action, on thle contrary, the theft or embezzlement,
by Bbeckh  and Buttlmann, Berlin,  1818; Kreuser, and its subject-matter, eoily were taken into conDer TClleCnenz  rl'iesterstcaat, 9sit vorziiqlic/er Riick-  sideration, and the dicasts had a power of assessing
siclt aczf die I-ilierodulen,  Mainz, 1824; Movers, the penalty upon the conviction of the offender.
Die Pionizier', p. 359, &c.; Hermannn, Le/lrluc d. lWith respect to the tribunal before which a case
yottesdiezstlic/een Alterl.ii7mer d. Griec/len, ~ 20, n. of sacrilege might have been tried, some circum13-16.)                                               stances seem  to have produced considerable dif:.
HIEROMANTEIA            (iEpoauavreTla). [T)mvlNt-  ferences.  The ypawbn miglt le pleferred to the
Iio.]                                                 king archon, -who wvould thereupon assemble tlhe
IIIER. OME'NIA  (peporU7fla), was the time of areiopagus and preside at the trial, or to one of the
tihe month  at which the sacred festivals of the  thesmothetae in his character of chief of an ordi(Greeks began, and inl consequence of which the  nary Heliastic body; or, if the prosecuition assumed
whole month received the name of /uzm i~epds.  It the form  of an apagoge or ephegesis, would fall
was a.part of the international law of Greece that within tihe jurisdiction of the Elev-en.  Before the
all hostilities should cease for the time between  first-mentioned court it is conjectured (AMeier, Aft.
states who took part in these festivals, so that the  Proc. p. 307) that the  sacrilege of the alleged
inhabitants of the different states might go anmid  spoliation, as well as the fact itself, came in quesreturn in safety.  The /hicroleniae of the four tion; that the tlhesmothetae  tookl cognizance of
great national festivals were of course of the most those cases in which the sacrilege was obvious if
importance: they  were  proclaimed  by  heralds  the fact were established; ald that the Eleven haid
(aroV8,o0dpoOL), who visited the different states of jurisdiction when the criminal appeared in  the
(Greece for the purpose.  The suspemnsion of hlosti-  character of a conmmoni robber or bulrglar, surprised
lities was called 6/csXetpia.  (Pild. IsJt/sm. ii. 23; in the commission of the offence.  In all these
Strab. viii. p. 343; Kratuse, Olytmpia, p. 40, &c.; cases the convict was put to death, his property
and {he article OI~MP.aIsrA.)                         counfiscated, and his body denied burial within tmhe
HIEROMNE1MONES  (iEpoluva.w0Ves), were  Attic territory.  There is a speech of Lysias (pro
tlhe more honourable of the two classes of reIre-  Ctl/lia) extant upon this  subject, but it adds
sentatives who composed the Amphictyonic council. little to our knowledge; except that slaves were
An account of them is given under AMPHICTYONiES. allowed upon that occasion to appear as informers
We also read of Hieronmnemones in Grecian states, against their master -  a resident alien -  and an.
distinct from the Amphictyonic representatives of ticipated their emancipation in the event of his
this name.   Thus the priests of Poseidon, at conviction.                                   [J. S. r.]




608           HIiPPODAMEIA.                                      H-IIPPODROMTUS.
IIILA'RIA  (Ihdppa) seems originally to have  designed by Hippodamlus, and its market-place
been a name which was given to any day or sea-  was called'Ihrrorduefa   aiyopa (HIarpocr. s. v.).
son of rejoicing.  The hilaria were, therefore, ac-  Hippodamus flourished during the second half of
cording to Maximus Monachus (Sc/lol. ad Dioays. the fifth century B. c.  (See Dict. of Biog. art.
Asreopag. Egoist. 8) either private or public. Among  Hippodanmus; MUller,  A sc/iiol.  d. Kunst, ~
the formel he reckons the day on which a person  1l1.)                                     [P. S.]
married, and on which a son was born; among the    HIPPO'DROMUS (iwrrrd3poaoY) was the name
latter, those days of public rejoicings appointed by  by which the Greeks designated the place approa new emperor.  Such days were devoted to gene- priated to the horse-races, both of chariots and of
ral rejoicings and public sacrifices, and no one was single horses, which formed a part of their gaines.
allowed to show any symptoms of grief or sorrow.   The word was also applied to the races themselves.
But the Romans also celebrated hilaria, as a    The mode of fighting from chariots, as described
feria stativa, on the 25th of March, in honour of by Homer, involves the necessity of much previous
Cybele, the mother of the gods (Macrob. Saot. i. practice; and the funeral games in honour of
21); and it is probably to distinguish these hilaria  Patroclus present us with an example of the
from  those mentioned  above, that Lampridins  chariot-race, occupying the first and most important
(Alexand. Sever-. c. 37) calls them I-Hlaria Alatsris  place in those games.  (Il. xxiii. 262-650.)  In
Deum.  The day of its celebration was the first this vivid description the nature of the contest and
after the vernal equinox, or the first day of the  the arrangements for it are very clearly indicated.
year which was longer than the night. Thewinter There is no artificially constrncted hippodrome;
with its gloom had passed away, and the first day  but an existing land-mark or monument (0crrua,
of a better season was spent in rejoicings.  (Flav.  331) is chosen as the goal (rEpoa), round which
Vopise. Aurelian. c. 1.)  The manner of its cele- the chariots had to pass, leaving it on the left hand
bration during the time of the republic is unknown,  (336), and so returning  to the Greek ships on the
except that Valerius Maximus (ii. 4. ~ 3) mentions  sea-shore, from  which they had started (365).
-games in honour of the mother of the gods.  Re-  The course thus marked out was so long, that the
specting its celebration at the time of the empire, goal, which was the stump of a tree, could only be
we learn froli Herodian (i. 10, 11) that, among  clearly seen by its having two white stones leaning
other things, there was a solemn procession, in  against it (327 —329), and that, as the chariots
which the statue of the goddess was carried, and  return, the spectators are uncertain which is first
before this statue were carried the most costly  (450, &c.: the passage furnishes a precedent for
specimens of plate and works of art belonging  betting at a horse-race, 485).  The ground is a
either to wealthy Romans or to the emperors them- level plain (330), but with its natural inequalities,
selves.  All kinds of games and amusements were  which are sufficient to mnake the light chariots leap
allowed on this day; masquerades were the most friom the ground (369, 370), and to threaten an
prominent among them, and every one might, in  overthrow  where  the  earth was broken by a
his disgruise, imitate whomsoever he liked, and  winter torrent, or a collision in the narrow hollow
even magistrates.                                  way thus formed (419-447).  The chariots were
The hilaria were in reality only the last day of five in number, each with two horses and a single
a festival of Cybele, which commenced on the 22d  driver (288, &c.); who stood upright in his
of March, and was solellnised by the Galli with  chariot (370).
various mysterious rites. (Ovid, Fast. iv. 337, &c.)    In a race of this nature, success would obviously
It must, however, be observed that the hilaria are  depend quite as much on the courage and skill of
neither mentioned in the Roman calendar nor in  the driver as on the speed of the horses; a fact
Ovid's Fasti.                          [L. S.]    which Homer represents Nestor as impressing upon
JIILAROTRAGOE'DIA.  [TRaC-OEDIA.]              his son Antilochus in a speech which fully exHIMATION  (4sdrTLov).  [PALLIsUA].              plains the chief stratagems and dangers of the
HIPPARCHUS.  [ExEmRCITUS, p. 487, a.]    contest, and is nearly as applicable to the chariot
IIIPPARMOSTES. [EXERCITUS, p. 483, b.]  races of later times as to the one described by
HI'PPICON  (1i7rrLKcd, sc. rT-iLMov), a Greek  Homer (305-318). At starting, it was necessary
mreasure of distance, equal to four stadia.  Accord- so to direct the horses as, on the one hand, to avoid
ing to Plutarch it was mentioned in the laws of the loss of time by driving wide of the straightest
Solon (Plut. Sol. 23).  Hesychius also mentions  course, and on the other not to incur the risk of a
it under the name of'Ir7remos apo'Aos.  (Comp. collision in the crowd of chariots, nor to malke so
IIIPPODROMUS; STADIUM.)                [P. S.]    straight for the goal as to leave insufficient room to
I-IPPO'BOTAE  (r'rosgd'ra), the feeders of turn it.  Here was the critical point of the race,
horses, was the name of the nobility of Chalcis in  to turn the goal as sharp as possible, with the nave
Euboea, corresponding to the m7r7re7s in other Greek  of the near wheel almost grazing it, and to do this
states.  On the conquest of the Chalcidians by the  safely: very often the driver was here thrown out,
Athenians in B. c. 506, these Hippobatae were  and the chariot broken in pieces'(334-343, 465
deprived of their lands, and 4000 Athenian cleruchi -468).  There was another danger at this point,
sent to take possession of them.  (Herod. v. 77, which deserves particular notice as connected with
vi. 100;  Strab. x. p. 447; Plut. Pericl. 23; the arrangements of the hippodrome of later times
Aelian, V. M. vi. 1.)  [COLONIA, p. 314, a.]       As the horse is a very timid animal, it can easily
HIPPODAMEIA (s7r-ro/id,;mea, sc. 4Gpya), is an  be understood that the noise and crush of many
adcjective derived from the name of the architect chariots turning the goal together, with the addiH-lippodamus of Miletus, who is said to have been
the first of the Greeks who built whole cities on a    X But Nestor complains of having been once
regular architectural plan; and hence the word is  beaten by twvo brothers driving at once, the one
applied to such cities, and to the public places and  mainaging the reins and the other plying the whip
buildings in them.  Peiraeeus, for example, was  (638-642).




HIPPODROMUS.                                     HIPPODItOMUS.                 609
tlonal confusion created by the overthrow of some  of the deities, whom the sufferer had neglected to
of them, would so frighten some of the horses as to  propitiate (383-393, 546, 547).  The prizes, as
make them  unmanageable; and this is expressly  in the other Homeric games, were of substantial
referred to by H-oner (468)                      value, and one for each competitor (262-270).
0a!' et77pc?7baar eArrel yesros e~age l3vyy. The charioteer accused of foul play was required
to lay his hand upon his horses, and to swear by
Among the other disasters, to which the competi-  Poseidon, the patron deity of the race, that he was
tors were liable were the loss of the whip (384); guiltless (581-585).
the reins escaping from  the hands (465); the    This description may be illustrated by the folbreaking of the pole (392); the light chariot being  lowing engraving from an antique Greek vase; in
overturned, or the driver thrown out of it, through  which we see the goal as a mere stone post, with
the roughness of the ground, or by neglecting to  a fillet wound round it: the form of the chariots
balance the body properly in turning the goal (368, are well shown, and the attitude of the drivers;
369, 417-425, 335); and the being compelled  each has four horses, as in the earliest Olympic
to give way to a bolder driver, for fear of a colli- chariot race; and the vividness of the representasion (426-437); but it was considered foul play  tion is increased by the introduction of the incident
to take such an advantage (439-441, 566-611). of a horse having got loose from the first chariot,
These and similar disasters were no doubt frequent, the driver of which strives to retain his place with
and, in accordance with the religious character of the other.  (Panofka,' Bilder Antiken Lebens, pl.
the games, they were ascribed to the intervention  iii. No. 10.)
For other representations of the race and its the second required some arrangement by which
disasters, see CIRCUS, p. 285, CURrvs, p. 379.'the chariots might start without confusion and on
In no other writer, not even in Pindar, have we equal terms.  It is now to be seen how these
a description at once so vivid and so minute, of conditions were satisfied in the hippodrome at
the Greek chariot race as this of Homer's; but it Olympia; of which the only description we possess
may be safely assumed that, with a few points of' is in two passages of Pausanias (vi. 20, v. 15. ~ 4).
difference, it will give us an equally good idea of Very different explanations have been proposed of
a chariot race at Olympia or any other of the great some important points in those descriptions; but,
games of later times.  The chief points of differ- from want of space, and from a strong conviction
ence were the greater compactness of the course, of what the correct explanation is, we pass over
in order that a large body of spectators might view  the discussion, and give only the result of it, acthe race with convenience, and the greater number cording to the view of Alexandre de la Borde,
of chariots. The first of these conditions involved  which is adopted by Hirt (Lelhre d. Gebiiude, pp.
the necessity of making the race consist of several 147-150).  The following is the ground-plan,
double lengths of the course, instead of only one; which Hirt (pI. xx. fig. 8) has drawn out from the:'..... i.F,
A -
description of Pausanias.  A, B, the sides, C, the between the spina and the goals; q, the winning
end of the hippodrome, with raised seats for the line; so, dolphin used as a signal; n, altar, with
spectators (the dotted line D d is the axis of the eagle for signal; o o o, portico of Agnamptus.
figure). a. Place of honour for the magistrates and    The general form of the hippodrome was an
musicians; 6, d. gateways; D, the starting-place; oblong, with a semicircular end, and with the rght
e, its apex; f, g, its curved sides; s, i, &c., up to side, A, somewhat longer than the left, B, for a
1, stations of the chariots, their directions con- reason to be stated presently.  The right side, A,
verging towards the point E.  F, G. the goals, or was formed by an artificial mound; the left, B, by
turnling-posts; H, the spia,; p p, snmall intervals the natural slope of a hill.  There were (besides
R




610          HIPPODROMUS.                                      HIPPODR1OM US.
the starting-place) two entrances to the area, b and large is proved by the well-known story, that Alci1, of which the former was probably for the exit biades alone sent to one race seven chariots.  Soof disabled chariots end horses, and the latter apZ phocles (Elect. 701-708) mentions ten chariots as
pears to have been for the same purpose as the running at once in the Pythian games; and the
porta triumphalis in the Roman circus.  The base number at Olympia was no doubt greater than at
of the fourth side, D, was formed by the portico of any of the other games.  This is probably the
Agnamptus, so called from its builder.  At this reason why the arrangements of a starting-place
end of the hippodrome was the starting-place were so much more complicated in the Greek hip(tEo'mS), in the form of the prow of a ship, with podromus than they were in the Roman circus
its apex, e, towards the area, and each of its sides [CIRCUs].  About the centre of the triangular
more than 400 feet long.  Along both these sides area of the aphesis there was an altar, n, of rough
were stalls (oitcialra) for the chariots about to brick, which was plastered afresh before each
start, like the cacreeres in the Roman circus; and festival, surmounted by a bronze eagle with out-'it was in the arrangement of these stalls that the stretched wings; and above the apex of the
peculiarity of the Greek starting-place consisted. aphesis was a bronze dolphin, se. As the signal
According to the view which we follow, the stalls for the race to begin, the eagle was made to soar
were so arranged, as that the pole of each chariot, aloft, so as to be seen by all the spectators, and
while standing in its stall, was directed to a normal the dolphin sank to the ground.
point, E, at which, as nearly as possible, each    The chariots, thus started, had to pass several
chariot ought to fall into its proper course.  As times round two goals (rumaoci), the distinction
this point, E, was necessarily on the right side of between which is one of the difficult points in the
the area (in order to turn the goal on the left hand), description of Pausanias.  On the whole it seems
and as the corresponding stalls on each side were most probable that the one which he describes as
required to be equidistant from the apex, e (as will having upon it a bronze statue of Hippodameia,
presently be seen) and of course also from  the holding out the victor's fillet, as if about to crown
point E, it follows that the base of the aphesis  Pelops with it, was the one nearer to the aphesis,
must have been perpendicular to the line E e, and and abreast of the winning line, F; and that the
therefore oblique to the axis D d; and this is the other, G, round which the chariots made their first
reason why the side A was longer than the side turn, was that which Pausanias calls " Taraxippus,
B.  The curvature of the sides of the aphesis, 7, g, the terror of the horses."  This was a round altar,
is a conjectural arrangement, assumed as that dedicated to Taraxippus, who was supposed to
which was probably adopted to give more space to strike a supernatural terror into the horses as they
each chariot at starting.  The front of each stall passed the spot, and whom, therefore, the chariothad a cord drawn across it, and the necessary eers sought to propitiate, before the race began, by
arrangements were made for letting these cords fall offering sacrifices and making vows at this altar.
at the right moments.  On the signal being given Pausanias gives various accounts as to who this
for the race to begin, the cords in front of the two  Taraxippus was: some modern scholars take the
extreme stalls, Ah I, were let fall simultaneously, word for an appellation of Poseidon Hippius.  He
and the two chariots started; then those of the was similarly honoured in the Isthmian hipponext pair; and so on, each pair of chariots being drome.  At Nemea there was no such hero, h'but
liberated at the precise moment when those which above the turning point of the course there was a
had already started came abreast of their position; bright red rock, which was supposed to frighten
and, when all the chariots formed an even line the horses.  He adds the remark that, the Olymabreast of the apex of the acphesis, e, it was a fair pian Taraxippus had by far the most powerful
start.  This arrangement of the aphesis was the effect upon the horses; and considering that the
invention of the statuary Cleoetas, and was im- number of chariots which joined in the race there
proved by Aristeides (perhaps the famous painter; was greater than at any of the other games, that
see Hirt, 1. c.).  Cleoetas celebrated his invention  remark affords a pretty clear proof that the exin an epigram, which he inscribed on the base of planation of the supposed supernatural terror is that
a statue made by him at Athens;                  which has been given above in describing the
Homeric race.  There are several vase paintings,
TeiOse y i KatLopvaE  obs'ApLorq'oATous.    on which chariots or single horses are exhibited
turning the goal, which is represented as a Doric
Precisely the same arrangements wete made for or Ionic column.  (See Panofka, Bildes Anti/ken
the start in the race of single horses (ieA-77q-s), Lerenas, pl. iii.)  One of these is shown in the foland in both cases, as in the race described by  lowing engraving, which exhibits a vivid picture of
Homer, the stalls were assigned to the competitors a race of single horses: the last rider las beenl
by lot.  How many chariots usually started, can- tmlucky in turning the goal.
not be determined; but that the number was    There is no authority  in the account of Pausanias




HISTRIO.                                          HIISTRIO.                611
for the connecting wall, II, between the goals, to introduce a third actor, as is the case in tho
nor does he state that the winning line, q, was  Agamemnon, Choephori, and Eumenides. (-Pollux,
marked out as a white line; but these details are  iv..1 ]0.)  This number of three actors was also
inserted from  the analogy of the Roman circus. adopted by Sophocles and Euripides, and was but
So also is the oblique position of the line of the  seldom exceeded in any Greek drama. In the
goals, as compared with the axis of the figure: of Oedipus in Colonus, however, which was performed
course the greatest space was required at E,: where  after the death of Sophocles, four actors appeared
the chariots were all nearly abreast of each other.  on the stage at once, and this deviation from the
Respecting the dimensions of the Olympic Hip- general rule was called 7rapaXopyrj7ua. (Pollux,
podrome we have no precise information; but, 1. c.) The three regular actors were distinguished
from the length of the measure called HIPPIcoN, by the technical names of 7rpaTraZywivio-s, aEvTepaand oil other grounds, it seems probable that the  YWvLOrTis, and TprTaywsra7Trs (Suidas, s. v. Tp-ra.
distance from  the starting-place to the goal, or'yWvsLOTS: Demosth. de Coron. p. 315, de Fals.
perhaps rather from one goal to the other, was two  Leg. p. 344 and 403), which indicated the more or
stadia, so that one double course was four stadia. less prominent part which an actor had to perform
How many such double courses made up the whole  in the drama.  Certain conventional means were
race, we are not informed.  The width must have  also devised, by which the spectators, at the mobeen, at least, as great as the length of each side  ment an actor appeared on the stage, were enabled
of the aplesis, namely, more than 400 feet. There  to judge which part he was going to perform; thus,
does not appear to have been much architectural the protagonistes always came on the stage from a
display in the structure, and not many statues. door in the centre, the deuteragonistes from one on
The internal area of the aphesis, D, contained  the right, and the tritagonistes from a door on the
several altars.                                  left hand side. (Pollux, iv. 124.) The protagonistes
The chief points of difference between the Greek  was the principal hero or heroine of a play, in
hippodrome and the Roman circus are the smaller whom all the power and energy of the drama were
width of the latter, as only four chariots ran at concentrated; and whenever a Greek drama is
once, and the different arrangement of the caesceres. called after the name of one of its personae, it is
The periods at which the Olympic horse-races were  always the name of the character which was perinstituted are mentioned under OLYMPIA.          formed by the protagonistes.  The deuteragonistes,
A few other hippodromes in Greece, Syria, and  in the pieces of Aeschylus for two actors, calls
Egypt, are mentioned by Pausanlias and other forth the various emotions of the protagonistes
writers; but they deserve no special mention. either by friendly sympathy or by painful tidings,
(Comp. Krause, Gynze. und Agon. vol. i. pp. 151, &c.  The part of a tritagonistes is represented by
&c.)  See also HORTUS.                [P. S.]   some external and invisible power, by which the
HIPPOPE'RAE   (ibrro7rfpac),  saddle-bags. hero is actuated or caused to suffer.  When a
This appendage to the saddle [EpHIppIUM] was tritagonistes was added, the part assigned to him
made of leather (sacculi scortei, Festus, s. v. Bul-  was generally that of an instigator who was the
gae), and does not appear ever to have changed its  cause of the sufferings of the protagonistes, while
form and appearance.  Its proper Latin name was he himself was the least capable of depth of feeling
bisacciumn (Petron. Sat. 31), which gave origin to  or sympathy.  The deuteragonistes in the dramas
bisaccia in Italian and besace in French.  By the  for three actors is generally distinguished by loftiGauls, saddle-bags were called bulgae (Festus, 1. c.; ness and warmth of feeling, but has not its depth
Onomaest. Gr. Lat.), because they bulge or swell and vehemence peculiar to the protagonistes, and
outwards; this significant appellation is still re- thus serves as a foil to set forth the character of
tained in the Welsh bolyan or bwlgan.   The more  the chief hero in its most striking and vivid colours.
elegant term  zippoperae is adopted  by Seneca  (MUller, Hist of G-eek Lit. i. p. 305, &c.; compare
(ELpist. 88).                        [J. Y.]    Bbttiger, De Actoribus Pmarsuem,, Secund. et Test.
HISTION   and  HISTOS   (iroriov, loATs). Pa-tiuen.)
[NAvZs.]                                           The female characters of a play were always
HI'STRIO (uzrotcpL7Ts), an actor.  i. GREEK. performed  by young men.  A  distinct class of
It is shown in the articles CHORUs and DIONYSIA  persons, who made acting on the stage their prothat the Greek drama originated in the chorus  fession, was umknown to the Greeks during the
whichi at the festivals of Dionysus danced around  period of their great dramatists.  The earliest and
his altar, and that at first one person detached  greatest dramatic poets, Thespis, Melanthius, Sohimself from the chorus, and, with mimic gesticu- phocles, and probably Aeschylus also, acted in
lation, related his story either to the chorus or in  their own plays, and in all probability as protagoconversation with it.  If the story thus acted re- nistae.  We also know  of several instances in
quired more than one person they were all repre- which distinguished Athenian citizens appeared on
sented in succession by the same actor, and there  the stage, and Aeschines, the orator, did not scruple
was never more than one person on the stage at to act the part of tritagonistes.  (Demosth. 1. c.)
a time.  This custom was retained by Thespis and  These circumstances show that it was by no means
Phrynichus.  But it was clear that if the chorus  thought degrading in Greece to perform as an
took an active and independent part in such a play, actor, and that no stigma whatever was attached
it would have been obliged to leave its original  to the name of a man for his appearing on the
and characteristic sphere.  Aeschylus therefore  stage.  Bad actors, however, to whatever station
added a second actor, so that'the action and the  in life they belonged, were not, on that account,
dialogue became independent of the chorus, and the  spared; and the general mode of showing disdramatist at the same time had an opportunity of pleasure on the part of the spectators seems to have
showing two persons in contrast with each other  been by whistling.  (D mosth. De Coron. p. 315.)
ln the stage. (Aristot. Poet. ii. 14.) Towards the  It appears that when the spectators showed their
close of his career, Aeschylus found it necessary  displeasure in too offensive or illsultilig a nmanner,
R Y c2




612                ITlSTRIO.                                           HISTRIO.
the actors would sometimes attack the most forward  Gronov. ad iev. 1. c.)  The name histrio, which
of the audience, and quarrels of this kind ended  originally signified a dancer, was now applied to
not unfrequently in blows and wounds. (Demosth. the actors in the drama.  The atellanae were
de Coron. p. 314, de Faes. Leg. p. 449; Andocid. played  by freeborn Romans, while the regular
c. Alcib. p. 121; Athen. ix. p. 406.)  At a later  drama was left to the histriones who formed a
period, however, persons began to devote them- distinct class of persons.  It is clear from the words
selves exclusively to the profession of actors, and  of Livy, that the histriones were not citizens; that
distinguished individuals received even as early as they were not contained in the tribes, nor allowed
the time of Demosthenes exorbitant sums for their to be enlisted as soldiers in the Roman legions;
performances.  Various instaIlces are mentioned in  and that if any citizen entered the profession of
Biickh's 1-'ubl. Econ. of Athens, p. 120, &c.  At histrio, he, on this account, was excluded from his
the time when Greece had lost her independence, tribe.  Niebuhr (Hist. of' Rome, i. p. 520, note
we find regular troops of actors, who were either  1 150) thinks differently, but does not assign any
stationary in particular towns of Greece, or wan- reason for his opinion.  The histriones were theredered from place to place, and engaged themselves  fore always either freed-men, strangers, or slaves,
wherever they found it most profitable.  They  and many passages of Roman writers show that they
formed regular companies or guilds, with their  were generally held in great contempt.  (Cic. pro
own internal organisation, with their common offi- Ar/ch. 5; Corn. Nep. Praefat. 5; Sueton. Tib. 35.)
cers, property, and sacra.  We possess a number Towards the close of the republic it was only se-cl
of inscriptions belonging to such companies, with  men as Cicero, who, by their Greek education,
decrees to honour their superiors, or to declare their raised themselves above the prejudices of their
gratitude to some king by whom they had been en-  countrymen, and valued the person no less than
gaged.  But these actors are generally spoken of the talents of an Aesopus and Roscius.  (Macro)b.
in very contemptuous terms; they were perhaps in  Sat. ii. 10.)  But notwithstanding this low estisome cases slaves or freedmen, and their ordinary  mation in which actors were generally held, dispay seems to have been seven drachmae for every  tinguished individuals among them  attracted inlperformance.  (Lucian,.calromen. 29, de JlIerced. mense crowds to the theatres, and were exorbitantly
C(onzd. 5; Theophrast. Chainact. 6.)               paid.  (Cic. c. J;err. iv. 16.)  Roscius alone re(Compare MUller, Hlist. of Greek Lit. i. p. 304, ceived every day that he performed one thousand
&c.; Becker, Ctarikles, ii. p. 274; Bode, Gesca, denarii, and Aesopus left his son a fortune of
der Dram'. Dichtekunst der fiellenen, 2 vols. ].839  200,000 sesterces, which he had acquired solely
and 1840.)                                         by his profession. (Macrob. l.c.)  The position of
2. RIo.-A N.  The word histrionies, byv which the  the histriones was in some respects altered during
Roman actors were called, is said to have been  the empire.  By an ancient law the Roman magisformed firom the Etruscan hister which signified a  trates were empowered to coerce the histriones at
ludio or dancer. (Liv. vii. 2; Val. Max.. ii. 4. ~ 4; any time and in any place, and the praetor had the
compare Plut. Qzaest. Rosn. p. 289, c.)  In  the  right to scourge them (jus virgparmau in histriones).
year 364 B.. Rome was visited by a plague, and  This law was partly abolished by Augustus, in as
as no human means could stop it, the Romans are  far as he did entirely away with the jus virgarum,
said to have tried to avert the anger of the gods  and confined the interference of the magistrates to
by scesic plays (ludi scenici), which, until then, the time when, and the place where (ludi et scene)
had been unknown to them; and as there were no  the actors performed. (Tacit. Annal. i. 77.)  But
persons at Rome prepared for such performansces, he nevertheless inflicted very severe pnnishments
the Romnans sent to Etruria for them.  The first upon those actors who, either in their private life
histriones who were thus introduced from Etruria, or in their conduct on the stage, committed any
were dancers, and performed their movements to  impropriety.  (Suet. Augo. 45.)  After these rethe accompaniment of a flute.  That the art of gulations of Augustus the only legal punishments
dancing to this accompaniment should have been  that could be inflicted upon actors for improper
altogether unknown to the Romans is hardly credi- conduct, seem  to have been imprisonment and
ble; the real secret nust have been in the mode  exile.  (Tacit. Annal. iv. 14, xiii. 28.)  The jus
of dancing, that is, in the mimic representations of virgarum  is indeed said to have been restored to
the dancers, such as they are described by Diony- the praetor by a law of Augustus himself (Paull.
sius (Adntiq. Rom. vii. 72) and Appian (viii. 66).  oSent. v. tit. 26), not expressly, but by the interThat the Etruscans far excelled the Romians in  pretation put upon this law by the jurists.  But
these mimic dances, is more than probable'and  this interpretation cannot have become valid till
eve find that in subsequent times also, a fresh sup- after tile reign  of Tiberius, of whom  it is clcarly
ply of Etruscan dancers (hietariones) came to Rome. stated that he refused to restore the jus virgarum,
(Miller, Etrusk. iv, 1. 6.)  Roman youths after-  because it had been abolished by his predecessor.
wards not only imitated these dasncers,  but also  (Tacit. innal. i. 77.)  These circumstances, and
recited  rtde and jocose verses, adapted to the  the favour of the emperors, increased the arrogance
mnovemnents of the dance and the melody of the flute.  and the loose conduct of the histriones, and tlhe
This kind of amusements which was the basis of theatres were not seldom  the scenes of bloody
the Roman drama, remained unaltered until the  fights.  I-Hence Tiberius on one occasion found hinmtime of Livius Androllicus, who introduced a slave  self obliged to expel all histriones from  Italy
uponl the stage for the purpose of singing or reciting  (Tacit. Annal. iv. 14; Dion Cass. lix. 2); but
the recitativej while he himself performed the ap- they were recalled anld patronised by his successor.
propriate dance and gesticulation.  [CANTICUIe.]  (Dion Cass. lix. p. 738.)  Some of the later emA further step itn the development of the drama, perors were exceedingly fond of histriones, and
which is likewise ascribed to Livius, was, that the  kept them  for their private amusement (histriones
dancer and reciter carried on a dialogue, and acted  ealici, Spartian. IHadriaen. c. 19; Jul. Capitol.
a story with the accompaniment of tile flate. (See   rerus, c. 8).  They performed at the repasts of




HOMORI.                                          I-ONORES.                   613
the empsnerors (Sueton. Azug. 74), and were occa- - latter those who through having no land were unsionally allowed also to play in the theatres before  able to do so.  (Comp. Arist. Pol. ii. 6. ~ 21, ii.
the people (publicabantur). In the Digest (3. tit. 2. 7. ~ 4.)   Those persons likewise, who did not
s. 1) we read that all actors were infamous. From   adopt the Spartan mode of life or had disgraced
the time of Tacitus the word histrio was used as  themselves by any base act, were also reduced to
sylonymous with pantomimus.  (,B'tticher, Lex. the condition of baroepioves, even if they possessed.
Tacit. p. 233.)                                   the requisite landed property (Xen. de Rep. Lac.
IRespecting  the ordinary pay which  common  x. 4. s. 7; Plut. Inst. Lac. 21; Teles. ap. Stob.
actors received during the time of the republic no- Floril. xl. p. 233); but as the severity of the antillng is known.  The pay itself was called lucar  cient Spartan lmanners decayed, the possession of
(Tacit. A47nal. i. 77; Plut. Quacest. Rozl. p. 2835, c.; property becalle the chief test to a place aimong
Festus, s. vv. Izcar and pecunia); which word was  the Honloei.  The Homoei were the ruling class
perhaps confined originallyto the payment made to  in the state, and  they obtained  possession of
those who took part in the religious services cele- almost all the privileges and exclusive rights whicih
heated il groves.  In the times of the empire it the legislation of Lycurgus conferred upon theii
seems that five denarii (Senec. Etpist. 80), or, ac-  Spartan citizens.  They filled all the public ofli(es
cordmig to others (Lucian. Icearomez. c. 29), seven  of the state with the exception of the Ephoralty,
drachmae, was the common pay for a histrio for and they probably met together to determine upon
one performance. Several emperors found it neces- public affairs under the name of EKKtXrTOI    in all
sary to restrict the practice of giving immoderate  assembly of their own, which is called  i.7 btLcpc
sums to actors. (Tacit. 1. c.; Suet. Tib. 34.)  The.c:slrrtla, to distinguish it firom  the assembly of
emperor M. Antoninus, who was fond of all his-  the whole body of Spartan citizens.  (Hernimaii,
trioiic arts, ordained that every actor should re- Lesrs.   d. Gsriec/. Stactsalttet7h. ~ 47; Id. de C'onceive five aurei, and that no one who gave or con-  ditione atque Orisinc eorszn qui Ilonoei ap. Laced,
ducted theatrical representations should exceed the  diceblnturl, Maburg, 1832; Schbmann, Antiq
sum of ten aurei.  (,Jul. Capitol. l. Alnton. c. 11; Jui. sPub/. Graec p. 119.)
compare Schol. ad Juvenal. vii. 243.)  But it is    HONORA'RIA  ACTIO.  [AcTIO.]
not clear whether in this regulation the payment    HONORA'RII LUDI.  [LuDI.]
for one or more performances is to be understood.    IIONO1RA'RIUM.    [ADVOCATUS;  LEX
These sums were either paid by those who en-  CINCIA.]
gaged the actors to play for the amusement of the    HONORA'RIUM  JUS.  [EDICTUM.i]
people, or from the fiscus. (Lipsius, Excurs. N. ad    HONO;RES.  Cicero (Top. c. 20) speaks of the
Tacit. Annalt. i.)  Besides their regular pay, how-  " honores- populi,"  and Horace (Serm. i. 6. 5)
ever, skilfull histriones received from  the people  speaks of the populus
gold and silver crowns which were given or thrown                     "qui stultus honore
to them upon the stage.  (Phaedr. F1lab. v. 7. 36;             Saepe dat indignis."t
Plin. H. N. xxi. 3.)                   [L. S.] 
HODOPOEI  (losorotoi), public  officers at  In both passages the word "'honores" means the
Athens, who had to take care of the roads (oh  high offices of the state to which qualified indii8sv n7rthpEAlrTar, Phot. Lex. s. v.) They are men-  viduals were called by the votes of the Roman
tioned in the fragment of a comic poet of the time  citizens.  Cicero calls the quaestorship "honor"
of Pericles (Plut. Praec. Pol. c. 15); but in the  (see also Liv. vi. 39); and the words "magistratus"
timle of Aeschines their duties were discharged by  and "' honores " are sometimes coupled together.
the managers of the Theoric fund.   (Aesch. c. The capacity of enjoying the honores was one of the
Ctes. p. 419, Reiske; comp. Bbckh, Publ. Econ. of distinguishing marks of citizenship.  [CivI'As.]
Athens, p. 203, 2nd ed.)                           In Sulla's proscription (Vell. Pat. ii. 28), there
I1OLOSE'RICA  VESTIS. [SERICUAr.]               was a clause that the children of the proscribed
I1OLOSPHY'RATON,  1-IOLOSPHYRE'- "'petendorum honorumn jure prohiberentur."
LATA.  [MALLEUS; M1ETALLA.]                          There appears to be no exact definition of honor
HOMOEI (3,uoioi), the Equals, were those  earlier than in the jurists whose writings are exSparltans who possessed the full rights of citizen-  cerpted in the Digest.  " Honor municipalis'" is
ship, and are opposed to the sroueisoes, or those  defined to be " administratio reipublicae cum digwho had undergone some kind of civil degrada- nitatis gradu, sive curm sumptu, sive sine erogation.  (Xen. de Rep. Laced. x. 4. s. 7, iiellen. iii. tione contingens."  Munus was either publiculm
3. ~ 5; Arist. Pol. ii. 6. ~ 21.)  This distinction  or privatum.  A publicusn munus was concerned
betwveen the citizens was no part of the ancient about adlninistration (in a inistranda repullltica),
Spartan constitution, and is not mentioned by any  and was attended with cost (sumptus) but not
writer before Xenophon;  and Aristotle simply  with rank (dignitas). " Honor" was properly said
makes a later institution  applicable to an early' defcrri," "dari;" munus was said "imponi."
time, when he speaks of the Partheniae as belong-  Cicero (de Or. i. 45) uses the phrase " honoribus
ing to the Hoinoei (Pol. v. 6. ~ 1).  In the in-  et reipublicae muneribus perfunctum," to signify
stitution ascribed to Lycurgus, every citizen had a  one who has attained all the honours that his state
certain portion of land; but as in course of time  can give, and discharged all the duties which can
many citizens lost their lands through various  be required from a citizen.  A person who held a
causes, they were unable to contribute to the ex-. magstratus  llight be said to discharge munera,
penses of the syssitia, and therefore ceasod to  but only as incident to the office (magnificentissimno
possess the full rights of Spartan citizens.  HIence  2nunere aedilitatis peifun2ctus,   Cic. ad Fc17n. xi. 17),
the distinction appears to have arisen between the  for the office itself was the honor.  Such mranera
6g/oLot and 67ropLeo,'es, the former being those who  as these were public games and other thirgs of
were in the possession of their land, and conse-  the kind.  (Dig. 50. tit. 4. DLe 2Muleritzus et IHo.
quently able to contribute to the syssitia, the  zorib5s.)                                [G. [i.]
aR3R 




614                 HORA.                                               H-IORI.
ITOPLI/TAE   (7rA7rml)-   [ARaIAA; EXER-  Roman flours.                    M4odern Hours.
errus.]                                               11th hour. 2 o'clock, 58 minutes 0 seconds.
IIOPLOMACHI. [GLADIATORES, P. 575, b.]    12th,,.  3,,   42,,   30,,
HORA (&pa), in the signification of hour, that  End of the day  4,,   27,,         0,,
is, the 12th part of the natural day, did not come
into general use among the ancients until about the    The custom  of dividing the natural day into
middle of the second century B. C.  The equinoc-  twelve equal parts or hours lasted, as we have obtial hours, though known to astronomers, were not served, till a very late period.  The first calendaused in the affairs of common life till towards the  rium  in which we find the duration of day and
end of the fourth century of the Christian era, night marked according to equinoctial hours, is the
As the division of the natural day into twelve  calendarium rusticum Farnesianum. (Ideler, Handequal parts, both in summer and winter, rendered  buch der C0/ron. ii. p. 139, &c.; Graev. Tdzesaur.
the duration of the hours longer or shorter accord-  Alnt. Rosm. viii.)
ing to the different seasons of the year, it is not    Another question which has often been discussed,
easy, with accuracy, to compare or reduce the hours  is whether in such expressions as prima, altera,
of the ancients to our equinoctial hours.  The  tertia, hora, &c., we have to understand the hour
hours of an ancient day would only coincide with  which is passing, or that which has already elapsed.
the hours of our day at the two equinoxes.  [DIES  From the construction of ancient sun-dials on which
and HOROLOGIUM.] As the duration of the natural the hours are marked by eleven lines, so that the
day, moreover, depends on the polar altitude of a  first hour had elapsed when the shadow  of the
place, our natural days would not coincide with  gnomon fell upon the first line, it might seem as if
the natural days in Italy or Greece.  Ideler, in his  hora prima meant after the lapse of the first hour.
Handbuceh der Chronologie, has given the following  But the manner in which Martial (iv. 8), when
approximate duration of the natural days at Rome, describing the various purposes to which the hours
in the year 45 B. c., whicih wa the first after the  of the day were devoted by the Romans, speaks of
new regulation of the calendar by J. Caesar; the  the hours, leaves no doubt that the expressions
length of the days is only marked at the eight prima, altera, tertia hora, &c., mean the hour which
principal points in the apparent course of the:sun.  is passing, and not that which has already elapsed.
Days of the year.          Thesir dusi'tion in     (Becker, Gall/us, vol. i. p. 184, &c.)    [L. S.]
45. B. C.              equinoctial loss.         HORCUS (ipucoC).  [JUSJURANDUM.]
HORDEA'RIUM AES.  [AEs Hosc3EAaRsuM.]
Dec. 23....  8 hours 54 minutes.               HOR         IU AES  [AEHORDEARIM]
Feb. 6                   hour...  9,,s 50      HORI ("pot), were stone tablets or pillars placed
FeMarch  23.        12,, 0            on mortgaged houses and lands at Athens, upon
March 23.. 12        0   59
May 9....      12       10,,           which the debt and the creditor's name were inJune 25.... 15,,   6                  scribed, and also the name of the archon eponyJune 25.... 1,,,           mus in whose year the mortgage had been made.
uSept. 25  2.... 14        0               (Harpocrat. s. v. "Opos and'Aer7UoCV: Pollux, iii.
Set. 25.... 12  0             85, ix. 9.)  The following inscription upon an
Nov. 9.               9,,50,,
pos, found at Acharnae, is takenfrom Bickh (Corp.
The following table contains a comparison of the  Inscrip. i. p. 484):-'Eorl O~eocpprTov  ipXovros,
hours of a Roman natural day, at the summer and  ipos Xwpiouov  rytls  Po'pstAoept:'vs I'avlooo'Tp'T,
winter solstice, with the hours.of our day.       Ilamav (iE0) xx, that is, 6LOXLXowz'v 6paX/LA'v. It appears that the estate had been bought of PhanoSUMnMER-SOLSTIcE.                   stratus, but that the purchase-money, instead of
Rooman Itourns.           Modern Flours.           being paid, was allowed to remain on mortgage.
Ist hour. 4 o'clock, 27 minutes  0 seconds    When the estate of an orphan was let by the
2d,,.  5,,   42,,   30,,        archon and his guardian [EPITROPUS], the per3rd,,.  6,,   58,,       0,,    son to whom  it was let was obliged to hypothe4th,,.  8,,   13,,   30,,         cate a sufficient piece of ground or other real
5th,,.  9,,   29,,       0 ~,      property, which was called &7roT't&lja: and upon
6th,,. 10,,   44,,   30,,    this an opos wvas placed, bearing an inscription to
7th,,. 12,,      0,,    that effect, as in the following example, which is
8th,,.  1,      15,,   30,,    taken from an 8pos found upon the plain of Mara9th,,. 2,,   31,,        0,,    thon (Bockh, p. 485): "Opos Xwplot cal ouKicas,
10th,,.  3,,   46,,   30,,         cTyrortl.y.    uia ral    ipdpav,    ALoyeTrovos  Ilpoga11th,,.5,,       2,,      0,,    (XLo). (Compare Isaeus, Philoct. hered. p. 141.)
12th,,      6,,    17,,   30,,'Opot were also placed upon houses and lands on
End of the day  7,,    33,,       0,,     account of money due to a husband for the dowry
of his wife (Dem. e. Spud. p. 1029. 21), and also
WINTEE-SOLSTOCE.
upon the property which a husband was obliged to
Romsan  frouss.          JModerns Hours.           give as a security for the dowry which he received
1st hour.  7 o'clock, 33 minutes  0 seconds  with his wife.  (Dem. c. Onetor. ii. p. 877.)
d,,.  8,,    17,,   30,,            The practice of placing these Upoe upon property
3rd,,.  9,,     2,,      0,,     was of great antiquity atAthens: it existed before
4th,,.  9,,    46,,   30,,    the time of Solon, who removed all stones standing
5th,,. 10,,   31,,        0,,     upon estates, when he released or relieved the
Gth,,. 11,,   15,,   30,,          debtors. (Plut. Sol. 15.)
7th,,. 12,,       0           0      0,,    (Bickh, Publ. Econ. ofAt/hens, p. 129, 2nd ed.
8th,,. 12,,   44,,   30,,          Corp. Inscrip. i p. 484; Museum Criticum, No.
9th,,.  1,,   29,,        0,,     viii. p. 622; Herald. Observ. ad J. A. et R.
10th,,      2,,   13,,   30,,         p. 216; Meier, Aftt Process, p. 506.)




HOROLOGIUM.                                      HOROLOGIUM.                  615
IICR1OLOIGIUM  (WcpoXhOyLov) was the name  neck (aeAots), like that of a bottle, through which
of the various instruments by means of which the the water was poured into it.  This opening might
ancients measured the time of the day and night. be closed by a lid or stopper (7rbu/a), to prevent
The earliest and simplest horologia of which men- the water running out at the bottom.  The clepsytion is made, were called 7r6Xos and,YCrswov. dra which Aristotle had in view was probably not
HIerodotus (ii. 109) ascribes their invention to the  of glass or of any transparent material, but of
Babylonians; Phavorinus (cp. Diog. Laert. ii. 1. bronze or brass, so that it could not be seen in
3; compare Suidas, s. v. rvwC,osw and'Avaet'iav- the clepsydra itself what quantity of water had
apos) to Anaximander; and Pliny (H. N. ii. 76) escaped.  As the time for speaking in the Athenian
to his disciple Anaximenes.  Herodotus mentions  courts was thus measured by water, the orators
the rrdAos and yvc,uswo as two distinct instruments. frequently use the termn U8wp instead of the time
Both, however, divided the day into twelve equal allowed to them  (iev  -  w EIu   e-aTri, Demosth. de
parts, and were a kind of sun-dial.  The?yvcwscv, Coron. p. 274; *eav 4?yXwp.7 7'b O'wp, c. Leoch. p.
which was also called oroIxes7OV, was the more  1094).  Aeschines (c. Ctesiph. p. 587), when desimple of the two, and probably the more ancient. scribing the order in which the several parties
It consisted of a staff or pillar standing perpen- were allowed to speak, says that the first water
dicular, in a place exposed to the sun (ortaci0?poe), was given to the accuser, the second to the accused,
so that the length of its shadow might be easily  and the third to the judges.  An especial officer
ascertained.  The shadow  of the gnomon was  (6 &p' vGwp) was appointed in the courts for the
measured by feet, which were probably marked on  purpose of watching the clepsydra, and stopping it
the place where the shadow fell.  (Hesych. s. v. when any documents were read, whereby the
E7rrcdro,,s arcLa and  WOECKci7roSos:  Pollux, i. 72.) speaker was interrupted; and it is to this officei
The gnomon is almost without exception mentioned  that Demosthenes (c. Steph. i. p. 1103) calls out:
in connection with the 3esirvov or the bath; and  eb 8e wi7rease -ob  k&op.  The time, and consethe time for the former was towards sunset, or quently the quantity of water allowed to a speaker
at the time when the shadow of the gnomon mea- depended upon the importance of the case; and we
sured ten or twelve feet. (Aristoph. Eccles. 652, with  are informed that in a?ypap~ 7reapa7rpeoersas the
the Schol.; Pollux, 1. c.; Menander, ap. Athen. vi. water allowed to each party amounted to eleven
p. 243; Hesych. s. v. AcciKromVv  IToIXE7o0.)  The  amphorae (Aeschin. de Fals. Leg. ~ 126), whereas
longest shadow of the gnomon, at sunrise and sun- in trials concerning the right of inheritance only
set, was generally 12 feet, but in some cases 24  one amphora was allowed. (Demosth. c. Macart.
feet, so that at the time of the 8e?7rvov it was 20  p. 1502.)  Those actions in which the time was
feet.  (Eubulides, ap. At/hen. i. p. 8.)  The time  thus measured to the speakers are called by Pollux
for bathing was when the gnomon threw a shadow  (viii. 113) 8iKam 7rpbs'Iswp: others are termed
of six feet. (Lucian, Cronos. c. 17, Somn. s. Gall.  tiKeat tyeu v'6aos, and in these the speakers were
c. 9.) In later times the name gnomon was applied  not tied down to a certain space of time.  The
to any kind of sun-dial, especially its finger, which  only instance of this kind of actions of which we
threw the shadow, and thus pointed to the hour. know, is the ypeaq   ceaKmcioews (Harpocrat. s. v.
Even the clepsydra is sometimes called gnomon. mKcKtarts).
(Athen. ii. p. 42.)                                The clepsydra used in the courts of justice howThe gnomon was evidently a very imperfect in- ever was, properly speaking, no horologium; but
strument, and it was impossible to divide the day  smaller ones, made of glass, and of the same simple
into twelve equal spaces by it.  This may be the  structure, were undoubtedly used very early in
reason that we find it only used for such purposes families for the purposes of ordinary life, and for
as are mentioned above.  The rrdAos or iAto-rp0- dividing the day into twelve equal parts. In these'7rrio, on the other hand, seems to have been a more glass-clepsydrae the division into twelve parts must
perfect kind of sun-dial; but it appears, neverthe- have been visible, either on the glass-globe itself, or
less, not to have been much used, as it is but seldom  in the basin into which the water flowed., These
mentioned. (Aristoph. up. Polluc. ix. 5.)  It con- instruments, however, did not show the time quite
sisted of a basin (AeKavls), in the middle of which  correctly all the year round; first, because the
the perpendicular staff or finger (-yvcitaLw) was water ran out of the clepsydra sometimes quicker
erected, and in it the twelve parts of the day were  and sometimes slower, according to the different
marked by lines. (Alciphron, Epist. iii. 4; Lucian, temperature of the water (Athen. ii. p. 42; Pnlut.
Lexiiph. c. 4.)                                  Quaest. Natesr. c. 7); and secondly, because the
Another kind of hiorologium was the cleisydcla length of the hours varied in the different seasons
(mXsE*'mpa).  It derived its name from  cAesrNMeLt  of the year.  To remove the second of these deand dlcep, as in its original and simple form it con- fects the inside of the clepsydra was covered with
sisted of a vessel with  several little openings a coat of wax during the shorter days, and when
(rpvwrruacra) at the bottom, through which the  they became longer the wax was gradually taken
water contained in it escaped, as it were, by  away again.  (Aen. Tact. c. 22.)  Plato is said to
stealth.  This instrument seems >as first to have  have used a vustcretpil VopoXd6yiov in the shape of a
been used only for the purpose of measuring the  large clepsydra, which indicated the hours of the
time during which persons were allowed to speak  night, and seems to have been of a complicated
in the courts of justice at Athens.  The time of its  structure.  (Athen. iv. p. 174.)   This instance
invention or introduction is not known; but in the  shows that at an early period improvements were
age of Aristophanes (see Acharn. 653, Vesp. 93  made on the old and simple clepsydra.  But all
and 827) it appears to have been in common use. these improvements were excelled by the ingeniIts form and construction may be seen very clearly  ous invention of Ctesibius, a celebrated mathemafrom a passage of Aristotle (Pr-oblem. xvi. 8). The  tician of Alexandria (about 135 B. c.). It is called
clepsydra was a hollow  globe, probably some- | poXAdyjov dVpavAKcbv, and is described by Vitruwhat flat at the top part, where it had a short x ius (ix. 9; compare Athen. 1. c.).  Water was
R }4




616           IIOROI OGIUM.                                     HOROLOGIUM.
made to drop upon wheels which were thereby  logical building, which is one of the most interest,
turned.  The regullm  movement of these wheels ing monuments at Athens.  It is the structure
was communicated to a small statue, which, gra- formerly called the Tower of the Winds, but now
dually rising, pointed with a little stick to the  known as the Horological Monument of Andronicus
hours marked on a pillar which was attached to  Cyrrhzestes (see Diet. of Biog. s. v.).  It is exthe mechanism.  It indicated the hours regularly  pressly called hlorologieum by Varro (R. R. iii. 5.
throughout the year, but still required to be often  ~ 17). This building is fully described by Vitruattended to and regulated.  This complicated clep- vius (i. 6. ~ 4), and the preceding woodcuts show
sydra seems never to have come into general use, its elevation and ground plan, as restored by Stuart.
and was probably only found in the houses of very  (Antiq. of Atzens, vol. i. c. 3.)
wealthy persons.  The sun-dial or gnomon, and a    The structure is octagonal; with its faces to the
simpler kind of clepsydra, on the other hand, were  points of the compass.  On the N.E. and N.W.
much used down to a very late period. The twelve  sides are distyle Corinthian porticoes, giving access
parts of the day were not designated by the name  to the interior; and to the south wall is affixed a
ipa until the time of the Alexandrian astrono- sort of turret, forming three quarters of a circle, to
mers, and even then the old and vague divisions, contain the cistern which supplied water to the
described in the article DIES), were preferred in the  clepsydra in the interior.  On the summit of the
affairs of common life.  At the time of the geo- building was a bronze figure of a Triton, holding a
grapher Hipparchus, however (about 150 B. c.), it wand in his hand; and this figure turned on a
seems to have been very common to reckon by hours. pivot, so that the wand always pointed above that
(Comp. Becker, Cilarikles, vol. ii. p. 490, &c.)  side of the building which faced the wind then
There is still existing, though in ruins, a horo- blowing.  The directions of the several faces were
indicated by figures of the eight winds on the frieze
of the entablature.  On the plain wall below the
entablature' of each face, lines are still visible,
which, with the gnomons that stood out above
them, formed a series of sun-dials.  In the centre
of the interior of the building was a clepsydra, the
remains of which are still visible, and are shown
on the plan, where the dark lines represent the
==, channels for the water, which was supplied from
______-..__.:I,.j._-~,~~  ~~//~~ —-~- _~  the turret on the south, and escaped by the hole
in the centre.
The first horologium with which the Romans be____ = - -  Icame acquainted was a sun-dial (solariumr, or heoro
loyizem sciothericum), and was, according to some
writers, brought to Rome by Papirius Cursor twelve
years before the war with Pyrrhus, and placed before
the temple of Quirinus (Plin. H. N. vii. 60); others
stated that it was brought to Rome at the time of the
l=,Am__-_.-         first Punic war, by the consul M. Valerius Messala,
I | l  1       E  I    -<           and erected on a column behind the Rostra.  But
this solarium  being made for a different latitude
did not show the time at Rome correctly. Ninetynine years afterwards, the censor Q. Marcius Philippus erected by the side of the old solarium a new
one, which was more carefully regulated according
to the latitude of Rome. But as sun-dials, however
perfect they might be, were useless when the sky
-  i     _.. was cloudy, P. Scipio Nasica, in his censorship,
159 B. c., established a public clepsydra, which indicated the hours both of day and night. This
clepsydra was in aftertimes generally called solarihlm.  (Plin. H. N. vii. 60; Censorin. de Die Nat.
c. 23.)  The word hora for hour was introduced
at Rome at the time when the Romans became acquainted with the Greek horologia, and was in this
signification well known at the time of Plautus.
(Pseudol. v. 2. 10.)  After the time of Scipio
Nasica several horologia, chiefly solaria, seem to
have been erected in various public places at Rome.
A magnificent horologium was erected by Augustus
I  in the Campus Martius.  It was a gnomon in the
shape of an obelisk; but Pliny (H. N. xxxvi. 10)
complains that in the course of time it had become
incorrect.  Another horologium stood in the Circus
\\\  w /   62 Flaminius. (Vitruv. ix. 9. 1.)  Sometimes solaria
were attached to the front-side of temples and basilicae. (Varro, de Ling. Lat. vi. 4; Gruter, Inscript.
vi. 6.)  The old solarium which had been erected
behind the Rostra seems to have existed on that




HOROLOGIUM.                                      HIOROSCO1PUS.                6 i 
spot till a very late period, and it would seem that shows the latitude or polar altitude of the place
the place was called ad Solariumz, so that Cicero  for which the solarium  was made.  The angle of
uses this expression as synonymous with Rostra  the enclina is about 400 43', which coincides
or Forum  (pro Quinct. 18, ad Ilerenn. iv. 10).  with the latitude of Tusculum.  In the body of
IIorologia of various descriptions seem also to have  the solarium  is the almost spherical excavation,
been commonly kept by private individuals (Cic. H K D M I F N, which forms a double hemicyclium
ad Fain. xvi. 1 8); and at the time of the emperors, (hemicyclium  excavatuon  ex  qugdrato, Vitruv.).
the wealthy Romans used to keep slaves whose  Within  this excavation  the eleven  hour lines
special duty it was to announce the hours of the day  are marked which pass through three semicircles,
to their masters.  (Juven. x. 21,5; Mart. viii. 67; H L N, K E F, and D Al J.  The middle one,
Petron. 26.)                                     K E F, represents the equator, the two others the
From  the number of solaria which have been  tropic lines of winter and summer. The curve rediscovered in modern times in Italy, we must infer presenting the summer tropic is somewhat more
that they were very generally used among the  than a semicircle, the other two curves somewhat
ancients.  The following woodcut represents one  smaller.  The ten middle parts or hours in each of
of the simplest horologia which have been dis-  the three curves are all equal to one another; but
covered; it seems to bear great similarity to that, the two extreme ones, though equal to each other,
the invention of which Vitruvius ascribes to  are by one-fourth smaller than the rest.  In the
Berosus.  It was discovered in 1741, on the hill middle, G, of the curve D K H N I J, there is
of Tusculum, among the ruins of an ancient villa, a little square hole, in which the gnomon or pointer
and is described by Gio. Luca Zuzzeri, in a work  must have been fixed, and a trace of it is still
entitled D'una antica villa scoperta sul dosso del visible in the lead by means of which it was fixed.
Tusculo, e d'un antico oroloyio a sole, Venezia,  It must have stood in a perpendicular position
upon the surface A B R 0, and at a certain distance from the surface it must have turned in a
right angle above the spheric excavation, so that
its end (C) extended as far as the middle of the
equator, as it is restored in the above woodcut.
See the description of another solariunl in G. H.
Martini's Antiquorum Jlfonimentorumn Sylloge, p.
95, &c.
Clepsydrae were used by the Romans in their
camps, chiefly for the purpose of measuring accurately the four vigiliae into which the night was
divided.  (Caes. de Bell. Gall. v. 13; Veget. de
Rle A/lilit. iii. 8; Aen. Tact. c. 22.)
The custom of using clepsydrae as a check upon
the speakers in the courts of justice at Rome was
introduced by a law of Cn. Pompeius, in his third
consulship. (Tacit. De clar. Orat. 38.) Before that
time the speakers had been under no restrictions,
1746, and by G. H. Martini, in his Abhlandlzsg  but spoke as long as they deemed proper.  At
uon den Sonaenulsren der Alten, Leipzig, 1777, Rome, as at Athens, the time allowed to the
p. 49, &c.                                       speakers depended upon the importance of the
The following woodcut shows the same solarium  case.  Pliny (Epist. ii. ] 1) states that on one imas restored by Zuzzeri.                          portant occasion he spoke for nearly five hours,
ten large clepsydrae having been granted to him
o                              R               by the judices, but the case was so important that
four others were added.  (Compare Plin. Epist. vi.
K ~,\   K {/j//b'\.\D-   \2; Martial, vi. 35, viii. 7.)  Pompeius, in his law,
is said to have limited the time during which the
A,             \                 accuser was allowed to speak to two hours, while.   /   & z l \ \  \   \   \/2/   the accused was allowed three hours.  (Ascon. its
t                      M/ %-Ailon. p. 37, ed. Orelli.)  This, however, as is
clear from the case of Pliny and others, was not
observed on all occasions, and we must suppose
that it was merely the intention of Pompeius to fix
the proportions of' the time to be allowed to each
party, that is, that in all cases the accuser should
only have two-thirds of the time allowed to the
accused.  This supposition is supported by a case
mentioned by Pliny (Epist. iv. 9), where, accord-'rhe breadth as well as the height (A 0, and  ing to law (e lege) the accuser had six hours,
P A) are somewhat more than eight inches; and  while the accused had nine. An especial officer
the length (A B) a little more than sixteen inches. was at Rome as well as at Athens appointed to
The surface (A O R B) is horizontal.  S P Q T  stop the clepsydra during the time when docuis the basis of the solarium, which, originally, ments were read.  (Apul. Apolog. i. and ii.; comwas probably erected upon a pillar.  Its side, pare Ernesti, de Solariis, in his Opuscul. Philolog.
A S T B, inclines somewhat towards the basis. et Cert. pp. 21-31; Becker, Gallus, vol. i. p. 186,
This inclination was called'y-rtemta, or inclinatio  &c.)                             [L. S.]
olarii and endima  lsuccisumi (Vitruv. 1.'.), andl   IiOROSCOPUS.  [AsTRO.m;IA, p. 14,l,b.]




138                H IHORTUS.'ITORTUS.
ItORREA'RII.  [HorutEUM.]                        norm. iv. 26, 27; Plut. Alcib. 24); for the former
IIORREUM  (Wperov, OLroqvXatcEov, a7roO4Kc7)  gardens are only imaginary, and the manner in
was, according to its etymological signification, a  which the paradises are spoken of by Greek writers
place in which ripe fruits, and especially corn, were  shows that they were not familiar with anything
kept, and thus answered to our granary.  (Virg.  of the kind in their own country.  In fact the
Geoyg. i. 49; Tibull. ii. 5. 84; Horat. Carie. i. 1. Greeks seem to have had no great taste for land7; Cic. de Leg. Ayr. ii. 83.)  During the empire  scape beauties, and the small number of flowers
the name horreum was given to any place destined  with which they were acquainted afforded but
for the safe preservation of things of any kind.  little inducement to ornamental horticulture.
Thus we find it applied to a place in which beauti-    The sacred groves were cultivated with special
ful works of art were kept (Plin. Epist. viii. 18);  care.  They contained ornamental and odoriferous
to cellars (/Iorrea subterrczece, horrea svinearia, Dig.  plants and fruit trees, particularly olives and vines.
18. tit. 1. s. 76); to depots for merchandise, and all  (Soph. Oed. Col. 16; Xen. Anab. v. 3. ~ 12.) Some.
sorts of provisions (h/orseum penceriume, Dig. 30. tit. times they were without fruit trees.  (Paus. i. 21.
9. s. 3).  Seneca (Epist. 45) evencalls his library  ~ 9.)
a horreum.  But the more general application of    The only passage in the earlier Greek writers,
the word horreurm  was to places for keeping fruit in which flower-gardens appear to be mentioned,
and corn; and as some kinds of fruit required to be  is one in Aristophanes, who speaks of ie/'rovs
kept more dry than others, the ancients had be-  Evc3SeLs (Ares, v. 1066).  At Athens the flowers
sides the horrea subterranea, or cellars, two other  most cultivated were probably those  used for
kinds, one of which was built like every other  making garlands, such as violets and roses.  In
house upon the ground; but others (iorreas pensi-  the time of the Ptolemies the art of gardening
lis or sublimia) were erected above the ground, and  seens:to have advanced in the favourable climate
rested upon posts or stone pillars, that the fruits  of Egypt so far, that a succession of flowers was
kept in them might remain dry.  (Colum. xii. 50,  obtained all the yearround. (Callixenus, eup. Athli.
i. 6; Vitruv. vi. 6. 4.)                           v. p. 196.)  Longus (Pabst. ii. p. 36) describes a
From about the year 140 after Christ, Rome pos-  garden containing every production of each seasessed two kinds of public horrea.  The one class  son,'" in spring, ros-s, lilies, hyacinths, and vioconsisted of buildings in which the Romans might lets; in sumlmer, poppies, wild-pears (&aXpad es),
deposit their goods, and even their money, securities,  and all fruit; in autumn, vines and figs, and pomeand other valuables (Cod. 4. tit. 24. s. 9), for which  granates and myrtles."  That the Greek idea of
they had no safe place in their own houses.  This  horticultural beauty was not quite the same as
kind of public horrea is mentioned as early as the  ours, may be inferred from a passage in Plutarch,
time of Antoninus Pins (Dig. 1. tit. 15. s. 3), where he speaks of the practice of setting off the
though Lampridius (Alex. Sev. c. 39) assigns their  beauties of roses and violets, by planting them side
institution to Alexander Severus. (Compare Dig. by side with leeks and onions (De ccapienda ex
1)0. tit. 4. s. 5.)  The officers who had the super-  ini1icis utilitate, c. 10).  Becker considers this
intendence of these establishments were called hor- passage a proof that flowers were cultivated more
rearii.  The second and more important class of to be used for garlands than to beautify the garden.
horrea, which may be termed public granaries, were  (Becker, Charik'es, vol. ii. p. 403-405.)
buildings in which a plentiful supply of corn was    2. RoNiAs.   The  Romans, like the Greeks,
constantly kept at the expense of the state, and from  laboured under the disadvantage of a very limited
which, in seasons of scarcity, the corn was distri-  flora. This disadvantage they endeavoured to overbuted among the poor, or sold at a moderate price. come, by arranging the materials they did possess
The first idea of building such a public granary  in such a way as to produce a striking effect.
arose with C. Sempronius Gracchus (lex Semnpronia  We have a very full description of a Roman garden
fitsn'entaria); and the ruins of the great granary  in a letter of the younger Pliny, in which lie de(horrea populi Romlani) which he built were seen  scribes his Tuscan villa.  (Plin. Epist. v. 6.)  In
down to the sixteenth century between the Aven-  front of the porticos there was generally a  /ystus,
tine and the Monte Testaceo.  (Appian, de Bell.  or flat piece of ground, divided into flower-beds of
Civ. i. 21; Plut. C. GracclZ. 5; Iiv. Epit. 60; different shapes by border. of box.  There were
Vell. Pat. ii. 6; Cic. pro Sext. 24.)             also such flower-beds in other parts of the garden.
The plan of C. Gracchus was followed out and  Sometimes they were raised so as to form terraces,
carried further by Clodius, Pompey, and several of and their sloping sides planted with evergreens or
the emperors; and during the empire we thus find  creepers.  The most striking features of a Roman
a great number of public horrea which were called  garden were lines of large trees, among which the
after the names of their founders, e..., horrea Ani-  plane appears to have been a great favourite, planted
ceti, Vargunteii, Seiani, Augusti, Domitiani, &c. in regular order; alleys or walks (ambulationes)
The manner in which corn from these granaries  formed by closely clipt hedges of box, yew, cypress,
was given to the people differed at different times. and other evergreens; beds of acanthus, rows of
[Comp. FRUMENTARIAE IEGES.]               [L. S.]  fruit-trees, especially of vines, with statues, pyraHIORTUS (Kreros), garden.  1. GRFEIK.  Our mids, fountains, and summer-houses (diaetae). The
knowledge of the horticulture of the Greeks is very  trunks of the trees and the parts of the house or
limited.  We must not look for information re-  any other buildings which were visible from  thespecting their gardens to the accounts which we  garden, were often covered with ivy.  (Plin. I..;
find in Greek writers of the gardens of AlcinoUis,  Cic. ad Q. ],. iii. 1, 2.)  In one respect the Roman
filled with all manner of trees and fruit and flowers,  taste differed most materially from  that of the
and adorned with fountains (Odl/ss. vii. 11 2- 130), present day, namely, in their fondness for the ars
or of those of the Hesperides (Hesiod. Tlieog. 25), topis-ia, which consisted in tying, twisting, or
or of the paradises of the Persian satraps, which  cutting trees and shrubs (especially the box) into
resembled our parks (Xcn. Antb. i. 2. ~ 7, Occo-  the figures of animnals, ships, letters, &c.  The im



HOSPITIUM.                                          HOSPITIUM.                  619
portance attached to this part of horticulture is  it has never had in any other state.  It was in
proved not only by the description of Pliny, and  Greece, as well as at Rome, of a twofold nature,
the notices of other writers (Plin. H. N. xvi. 33. either private or public, in as far as it was either
s. 60, xxi. II J. s. 39, xxii. 22. s. 34; Martial, iii. established between individuals, or between two
19), but also by the fact.that topiaries is the only  states.  (I-Iosptim  l pivatum and hospitiumn pbli.name used in good Latiil writers for the orna- curn, ZEvLa and 7rpoSEvia.)
mental gardener.  Cicero (Pared. v. 2) mentions    1. GREEK.  In ancient Greece the stranger,
the topiclrus amothe   he higher class of slaves.  as such (iS'os and hostis), was looked upon as an
Attached to the garden were places for exercise,  enemy (Cic. de 0:. i. 12; IHerod. ix. 11; Plut,
the gestatio and  sippodromus.  The gestatio was a  Aristid. 10); but whenever he appeared amoni
sort of avenue, shaded by trees, for the purpose of another tribe or nation without any sign of hostile
taking gentle exercise, such as riding in a litter.  intentions, he was considered not only as one who
(Plin. Epist. v. 6, ii. 17.)  The hippodrosmus (not, required aid, but as a suppliant, and Zeus was the
as one reading gives the word in Pliny, ]zypodro-  protecting deity of strangers and suppliants. (ZEUs
muss) was a place for running or horse exercise, in'VEios and iKErTsoios: HIom. Od. xiv. 57, &c. 283,
the form of a circus, consisting of several paths  ix. 270, xiii. 213, vii. 164: compare Apollon.
divided by hedges of box, ornamented with topi-  Aryonaeut. ii. 1134; Aelian. V. H. iv. 1.)  This
arian work, and surrounded by large trees. (Plin. religious feeling was strengthened  by the belief
1. c.; Martial, xii. 50, lvii. 23.)                that the stranger might possibly be a god in disThe flowers which the Romans possessed, though  guise.  (Odyss. xvii. 484.)  On his arrival therefew in comparison with the species known to us, fore, the stranger, of whatever station in life he
were more numerous than some writers have re- might be, was kindly received, and provided with
presented; but the subject still requires investiga-  everything necessary to make him  comfortable,
tion.  Their principal garden-flowers seem to have  and to satisfy his immediate wants.  The host did
been violets and roses, and they also had the cro- not inquire who the stranger was, or what had led
cus, narcissus, lily, gladiolus, iris, poppy, amaranth,  him  to his house, until the duties of hospitality
and others.                                        were fulfilled.  During his stay, it was a sacred
Conservatories and hot-houses are not mentioned  duty of his host to protect him against any perby any writer earlier than the first century of our secution, even if he belonged to a politically hostile
era.  They are frequently referred to by Martial race, so that the host's house was a perfect asylum
(viii. 14, 68, iv. 19, xiii. 127).  They were used  to him.  On his departure he was dismissed with
both to preserve foreign plants and to produce  presents and good wishes.  (Odyss. iv. 37, &c.,
flowers and frait out of season.  Columella (xi. 3. Nitzch's note.)  It seems to have been customary
~~ 51, 52) and Pliny (H. N. xix. 5. s. 23) speak  for the host, on the departure of the stranger,
of forcing-houses for grapes, melons, &c.  In every  to break a die (&a'rpayaAos) in two, one half of
garden there was a space set apart for vegetables  which he himself retained, while the other half
(olera).                                           was given to the stranger; and when at any fuFlowers and plants nwere also kept in the central ture time they or their descendants met, they had
space of the peristyle [DoMus], on the roofs, and  a means of recognising each other, and the hospiin the windows of the houses.  Sometimes, in a  table connection was renewed.  (Schol. ad Ezurip.
town, where the garden was very small, its walls  lIed. 613.)   Hospitality thus not only existed
were painted in imitation of a real garden, with  between the persons who had originally formed it,
trees, fountains, birds, &c., and the small area was  but was transferred as an inheritance from father
ornamented with flowers in vases.  A  beautiful to son.  To violate the laws of hospitality was a
example of such a garden was found at Pompeii. great crime and act of impiety, and was punished
(Gell's Ponzpeiana, ii. 4.)                        by men as well as gods (t'K     e tcKat oZEias, Aelian,
An ornamental garden was also called viridarium   1. c.; Paus. vii. 25).  Instances of such hereditary
(Dig. 33. tit. 7. s. 8), and the gardener topiarius  connections of hospitality are mentioned down to a
or vicriarizs.  The common name for a gardener  very late period of Greek history; and many
is villicus or cultor lsostorume.  We find also the  towns, such as Athens, Corinth, Byzantium, Phasis,
special names vinitor, olitor.  The word hortulanus  and others, were celebrated for the hospitable
is only of late formation.  The  aquarius  had  character of their citizens. (Herod. vi. 35; Thucyd.
charge of the fountains both in the garden and  ii. 13; Plato, Crito, p. 45, c.; Stobaeus, Florileg.
in the house.  (Becker, Gallus, vol. i. p. 283, tit. xliv. 40, &c.)  But when a more regular and
&c.; Bittiger, Racesmationen zur Ga-rten-Kfunst frequent intercourse among the Greeks began to
der Alten.)                            [P. S.]    be established, it was impossible to receive all these
HOSPES.  [HOSPIT1UM.]                           strangers in private houses.  This naturally led to
HOSPI'TIUM  (Zevea, 7rpoeL'a).  Hospitality  the establishment of inns (7raso'eC7o0v, tcarracytolv,
is one of the characteristic features of almost all Karadvouts), in which such strangers as had no hosnations previous to their attaining a certain degree  pitable connections found accommodation. For those
of civilisation.  In civilised countries the necessity  occasions, on which numerous visitors flocked to a
of general hospitality is not so much felt; but at particular place for the purpose of celebrating one
a time when the state or the laws of nations afforded  of the great or national festivals, the state or the
scarcely any security, and when the traveller on  temple provided for the accommodation of the visitors
his journey did not meet with any places destined  either in tents or temporary inns erected about the
for his reception and accommodation, the exercise  temple.  (Aelian, V. H. iv. 9; Schol. ad Pind.
of hospitality was absolutely necessary.  Among  01. xi. 51 and 55: compare Plato, de Leg. xii.
the nations of antiquity, with whom the right of p. 952; Lucian, Asmor. 12; Thucyd. iii. 683.)
hospitality was hallowed by religion, it was to  The kind of hospitality which was exercised by
some degree observed to the latest period of their  private individuals on such festive occasions proexistence, and acquired a political importance which  bably differed very little from that which is cus



6'20            HOSPITIUM.                                          JIOSPITIUM.
tomary among ourselves, and was chieflyr shown  that at Athens the family'of Callias were the prytowards friends or persons of distinction and merit, xeni of Sparta (Xen. Hellen. v. 4. ~ 22, vi. 3. ~ 4,
whose presence was an honoar to the house wherein  &c.); at Elis, the Elean Xenias (Paus. iii. 8. ~ 2);
they stayed.  (Xen. Oecon. 2. 5; Plato, Protage. and at Argos, the Argive Alciphron.  (Thucyd. v.
p. 315; Becker, Clsarikles, vol. i. p. 134.)  In the  59.)  A  Spartan sent out as proxenus was somehouses of the wealthier Greeks a separate part (hos- times also entrusted with the power of harmostes,
pitiumn or lIospitalia and Sevsves) with a separate  as Clearchus at Byzantium.  (Xen. Hellen. i. 1. ~
entrance, was destined for the reception and habi-  35, i. 3. ~ 15.)
tation of strangers, and was provided with all the    The custom of conferring the honour of proxenus
necessary comforts for the temporary occupants. upon a citizen of the state with which public hospiOn the first dayafter their arrival they were gene-  tality existed, seems in later times to have been
rally invited to the table of their host; but after-  universally adopted by the Greeks.  Thus we find
wards their provisions (SEla), consisting of fowl, besides the instances of Spartan proxeni mentioned
eggs, and fruit, were either sent to them, or they  above, Nicias the Athenian, as proxenus of Syrahad to purchase them  themselves.  (Vitruv. vi. 7. cuse at Athens (Diodor. xiii. 27), and Arthmius,
4; Apul. Metam. ii. p. 19.)                        of Zeleia, as the proxenus of Athens at Zeleia.
What has been said hitherto, only refers to hos-  (Aeschin. c. CtesipAh. p. 647: compare Plato, de
pitium  privatum, that is, the hospitality existing  Leg. i. p. 642.)  The common mode of appointing
between two individuals or families of different a proxenus was, with the exception of Sparta, by
states.  Of far greater importance, however, was  show of hands. (Ulpian, ad Denostl. Mid. p. 374.)
the  hospitiim  publicum   (srpoeSlMa,  sometimes  The principal duties of a proxenus were to receive
simply ~Evla), or public hospitality which existed  those persons, especially ambassadors, who came
between two states, or between an individual or a  from the state which he represented; to procure for
fa-tmily on the one hand, and a whole state on the  them the admission to the assembly, and seats in
other.  Of the latter kind of public hospitality  the theatre (Pollux, 1. c.); to act as the patron of
n-many instances are recorded, such as that between  the strangers, and to mediate between the two
the Peisistratids and Sparta, in which the people  states if any disputes arose. (Xen. IHelen. vi. 3. ~
of Athens had no share.  The hospitium publicum   4.)  If a stranger died in the state, the proxenus
among the Greeks arose undoubtedly from the hos- of his country had to take care of the property of
pitium privatum, and it may have originated in two  the deceased.  (Demosth. c. Callip. p. 1237, &c.)
ways.  When the Greek tribes were governed by    Regarding the honoirs and privileges which a
chieftains or kings, the private hospitality existing  proxenus enjoyed front the state which he reprebetween the ruling families of two tribes may have  sented, the various Greek states followed different
produced similar relations between their subjects, principles: some honoured their proxenus with the
which after the abolition of the kingly power, con- full civic franchise, and other distinctions besides.
tinued to exist between the new  republics as a  (Bbckh, Co7p. Inscriplt. n. 1691-93, and ii. p. 79;
kind of political inheritance of former times.  Or a  Demosth. de Cos. p. 256; Xen. Hellen. i. 1. ~ 26.)
person belonging to one state might have either  But the right of acquiring property in the state of
extensive connections with the citizens of another  which he thus became a citizen seems not to have
state, or entertain great partiality for the other beenincluded inhisprivileges;for we find thatwhere
state itself, and thus offer to receive all those who  this right was granlted, it was done by an especial
came from  that state either on private or public  documest. (Bhckh, Publ. Econ.p. 140.) A foreigner
business, and act as their patron  in his own  who was appointed in his own country as proxenus
city.  This he at first did merely as a private in-  of Athens, enjoyed for his own person the right of
dividual, but the state to which he offered tlis kind  hospitality at Athens whenever he visited this
service would naturally soon recognise and reward  city, and all the other privileges that a foreigner
him for it.  When two states established public  could possess without becoming a real Athenian
hospitality, and no individuals came forward to  citizen. Among these privileges, though they were
act as the representatives of their state, it was ne- not necessarily included in the proxeny, but were
cessary that in each state persons should be ap-  granted by special decrees, we may mention, 1.
pointed to show hospitality to, and watch over the'EWrlyaain, which, in cases when it was granted
interests of, all persons who came from the state  by the more powerful state, generally became muconnected by hospitality.  The persons who were  tual (Platner's Process, ii. p. 73; Xen. tlellen. v. 2.
appointed to this office as the recognised agents of ~ 19); 2. The right to acquire property at Athens
the state for which they acted were called wrpd-  (E"/KTrs-ois, gfirao-t, e`r7raots); 3. The exempti n
seoL, but those who undertook it voluntarily eOeXo - frorn  paying taxes (ar/Aseia or &TrsELa ds7ravrCO,,rpdeVoI.  (Pollux, iii. 59; compare Tltuicyd. ii. 29  Demosth. e. Leltin. p. 475, compare p. 498); and
with Arnold's note, and iii. 70 with Gller's.)     4. Inviolability in times of peace and war, both by
The office of proxenus, which bears great re- sea and by land. (Biickh, Corp. Inscrip. i. p. 725.)
semblance to that of a modern consul or minister-  Some of these privileges were granted to indiviresident, was in some cases hereditary in a parti- duals as well as to whole states; but we have no
cular family.  When a state appointed a proxenus, instance of a whole state having received all of them,
it either sent out one of its own citizens to reside  with the exception of those cases where the civic
in the other state, or it selected one of the citizens  franchise or isopolity was granted to a whole state;
of this state, and conferred upon him the honour of and in this case the practical consequences could
proxsenus.  The former was, in early times, the  not become manifest, unless a citizen of the pricustom of Sparta, where the kings had the right to  vileged state actually took up his residence at
select from among the Spartan citizens those whom   Athens.  (Compare F. W. Ulhrich, de Proxe2nia,
they wished to send out as proxeni to other states. Berlin, 1822; Wachsnmuth, Hellen. Alterth. vol. i.
(Herod. vi. 57.)   But in subsequent times this  p. 168, &c.; Hermann, Polit. Ant. ~ 116.)
custom  seemis to halve been given uip, for we find    i2. ROcATNx. The hospitality of thle Romians was,




HOSPITI UM.                                       tIYACINTHIA.                  621
as inGreece, either hospitium privatum, or publicum.  to the rank of municipia (Liv. viii. 14), and thus
Private hospitality with the  Romans, however, obtained the civitas without the suffragilm and the
seems to have been more accurately and legally  honores; and when a town was desirous of formdefined than in Greece. The character of a hospes, ing a similar relation with Rome, it entered into
i. e. a person connected with a Roman by ties of clientela to some distinguished Roman, who then
hospitality, was deemed even more sacred, and to  acted as patron of the client-town. But the custom
have greater claims upon the host, than that of a  of granting the honour of hospes publicus to a disperson connected by blood or affinity. The relation  tinguished foreigner by a decree of the senate,
of a hospes to his Roman friend was next in im- seems to have existed down to the end of the reportance to that of a cliens. (Gellius, v. 13.) Ac- public. (Liv. i. 45, v. 28, xxxvii. 54.) Whether
cording to Massurius Sabinus (ap. Gellizon, 1. c.\, a  such a public hospes undertook the same duties tohospes had even higher claims than a cliens.  The  wards Roman citizens, as the Greek proxenus, is
obligations which the connection of hospitality with  uncertain; but his privileges were the same as
a foreigner imposed upon a Roman were to receive  those of a municeps, that is, he had the civitas, but
in his house his hospes when travelling (Liv. xlii. not the suffragium  nor the honores.  Public hos1), and to protect, and, in case of need, to repre- pitality was, like the hospitium privatum, hereditary
sent him  as his patron in the courts of justice. in the family of the person to whom  it had been
(Cic. in Q. Ctecil. Divin. c. 20.)  Private hospi- granted.  (Diod. Sic. xiv. 93.)  The honour of
tality thus gave to the hospes the claims upon his public hospes was sometimes also conferred upon a
host which the client had on his patron, but with-  distinguished Roman by a foreign state. (Bickh,
out any degree of the dependence implied in the  Cohp. Inscrip. vol. i. n. 1331; Cic.pro Balb. 18, c.
clientela.  Private hospitality was established be-  Joerr. iv. 65.  Compare Niebuhr, Hist. of' Rome,
tween individuals by mutual presents, or by the  vol. ii. p. 58; Walter, Gescls. des Runm. Recrts, p. 54,
mediation of a third person  (Serv. adl Aen. ix. &c.; Gbttling, Gesch. der RM7e. Staatsv. p. 216,
360), and hallowed by religion; for Jupiter hospi- &c.)                                   [L. S.1
talis was thought to watch over the jus hospitii, as    HO'STIA.  [SACRIFICIUM.]
Zeus xenios did with the Greeks (Cic. c. Verr. iv.    HOSTIS.  [HOSPITIUM; POSTLIMINIUM.]
22, act Quint. firt. ii. 12, p7ro Deiotar. 6), and    HYACI'NTHIA  ('TaKcvOea), a great national
the violation of it was as great a crime and impiety  festival, celebrated  every  year at Amyclae by
at Rome as in Greece.  When hospitality was  the Amyclaeans and Spartans. The ancient writer
formed, the two friends used to divide between  who mention this festival do not agree in the
themselves a tessera hospitalis (Plaut. Poen. v. 2. 87, name of the divinity in whose honour it was held:
&c.), by which, afterwards, they themselves or their  some say that it was the Amyclaean or the Cardescendants-for the connection was hereditary as  neian Apollo, others that it was the Amyclaean
in Greece - might recognise one another.  From   hero, lHyacinthus: a third and more probable
an expression in Plautus (deum hospitalets ac tesse- statement assigns the festival to the Amyclaean
oansz mecunz fero, Poen. v. 1. 25) it has been con- Apollo and Hyacinthus together.  This Amyclaean
eluded that this tessera bore the image of Jupiter  Apollo, however, with whom  Hyacinthus was
hospitalis. Hospitality, when thus once established, assimilated in later times, must not be confounded
could not be dissolved except by a formal decla-  with Apollo, the national divinity of the Dorians.
ration (r-enzuntiatio, Liv. xxv. 18; Cic. ito Verr. (Miiller, Ovchom. p. 327, Doel. ii. 8. ~ 15.)  The
ii. 36), and in this case the tessera hospitalis was  festival was called after the youthful hero Hyacinbroken to pieces.  (Planut. Cistell. ii. 1. 27.)  Hos-  thus, who evidently derived his name from  the
pitality was at Rome never exercised in that in- flower hyacinth (the emblem of death among the
discriminate manner as in the heroic age of Greece, ancient Greeks), and whom  Apollo accidentally
but the custom of observing the laws of hospitality  struck dead with a quoit.  The Hyacinthia lasted
was probably common to all the nations of Italy. for three days, and began on the longest day of
(Nelian. V. H. iv. 1; Liv. i. 1.)  In many cases the Spartan month Hecatombeus (the Attic Hecait was exercised without any formal agreement be- tombaeon, Hesych. s. v.'Eicaomul evs: Manso,
tween the parties, and it was deemed an honour- Sparta, iii. 2. p. 201), at the time when the tender
able duty to receive distinguished guests into the  flowers oppressed by the heat of the sun, drooped
house.  (Cic. de Qff. ii. 18, pro Rose. As1. 6.)    their languid heads.  On the first and last day of
Ptblic hospitality seems likewise to have ex- the Hyacinthia sacrifices were offered to the dead,
isted at a very early period among the nations of and  the  death of Hyacinlthus was lamented.
Italy, aild the foedus hospitii mentioned in Livy  During these two days nobody wore any garlands
(i. 9) can scarcely be looked upon in any other at the repasts, nor took bread, but only cakes nld
light than that of hospitiimn  putblicum.  But the  similar things, and no paeans were sung in praise
first direct mention of public hospitality being esta-  of Apollo; and when the solenin repasts were over,
btished between Rome and another city, is after  every body went home in the greatest quiet and
the Gauls had departed from  Rome, when it was  order.  This sorious and melancholy character was
decreed that Caere should be rewarded for its good  foreign to all the other festivals of Apollo.  The
services by the establishment of public hospitality  second day, however, was wholly spent in public
between the twro cities. (Liv. v. 50.)  The public  rejoicings and amusements   Amyclne was visited
hospitality after the war with the Gauls gave to  by numbers of strangers (7raYyvpts &EtoAoyos icl
the Caerites the right of isopolity with  ornoe, that  EydaXrlO), and boys played the cithara or sang to
is, the civitas without the suffragium and the ho-  the accompaniment of the flute, and celebrated inll
nores. [CIVITAS; COLONIA.] In the later times of anapaestic metres the praise of Apollo, while others,
the republic we no longer find public hospitality es- in splendid attire; performed a horse-race in the
tablished between Rome and a foreign state; but a  theatre.  This horse-race is probably the  &-ydv
relation which amounted to the same thing was mentioned by Strabo (vi. p. 278).  After this race
introduced in its stead, that is, towns were raised  there followed a number of choruses of youths




622         HYBREOS GRAPHE.                                         HYDRAULA.
conducted by a Xopowroils  (Xen. Agesil. 2. 17), in  serious, for the loss of his services [BLABES DInKer
which some of their national songs (e7riXcptap  in a private lawsuit. (Meier, Att. Proc. p. 326.)
e7rotlna7ra) were sung.  During the songs of these  These two last-mentioned actions might also be rechoruses dancers performed some of the ancient sorted to by a free citizen when similarly outraged
and simple movements with the accompaniment of in his own person, if he were more desirous of obthe flute and the song.  The Spartan and Amy-  taining compensation for the wrong, than the mere
claean maidens, after this, riding in chariots made  punishment of the wrongdoer, as the penalty inof wicker-work (icamaOpa), and splendidly adorned,  curred by the defendant in the public prosecution
performed a beautiful procession. Numerous sacri-  accrued to the state and not to the plaintiff:  A
fices were also offered on this day, and the citizens  fine also of a thousand drachmae, forfeited by the
kept open house for their friends and relations; and  prosecutor upon his relinquishing his suit or failing
even slaves were allowed to enjoy themselves.  to obtain the votes of a fifth of the dicasts, may
(Didymus, ap. At/len. iv. p. 139.)  One of the fa-  have contributed to render causes of this kind less
vourite meals on this occasion was called cowris,  frequent, and partly account for the circumstance
and is described by Molpis (ap. Athlen. iv. p. 140)  that there are no speeches extant upon this subject.
as consisting of cake, bread, meat, raw herbs, broth,  If, however, the case for the prosecution was both
figs, dessert, and the seeds of lupine. Some ancient strong and clear, the redress afforded by the public
writers, when speaking, of the Hyacinthia, apply  action was prompt and efficient.  Besides the legito the whole festival such epithets as can only be  timate protectors of women and children, any
used in regard to the second day; for instance, Athenian citizen in the enjoyment of his full franwhen they call it a merry or joyful solemnity.  chise might volunteer an accusation: the declarMacrobius (Saturn. i. 11) states that the Amyclae-  ation was laid before the thesmothetae, who, exans wore chaplets of ivy at the HIyacinthia, which  cept it were hindered by extraordinary public busican only be true if it be understood of the second  ness, were bound not to defer the trial before the
day.  The incorrectness of these writers is how-  Heliaea beyond a month.  The severity of the
ever in some degree excused by the fact, that the  sentence extended to confiscation or death; and if
second day formed the principal part of the festive  the latter were awarded, the criminal was executed
season, as appears from  the description of Didy.. on the same day: if a fine were imposed upon him
mils, and as may also be inferred from Xenophons  he was allowed but eleven days for its payment,
(Iellen. iv. 5. ~ 11; compare Agesil. 2. 17), who  and, if the object of his assault were a free person,
makes the paean the principal part of the Hya-  he was imprisoned till the claim of the state was
cinthia.  The great importance attached to this  liquidated.  (Dem. 1. c.; Aeschin. c. Timzarch. p.
festival by the Amyclaeans and Lacedaemonians  41.)                                     [J. S. M.]
is seen from  the fact, that the Amyclaeans, even    HYDRA'LETA.  [MoLA.]
when they had taken the field against an enemy,    HYDRAULA  (h6paAkrls), an organist.  Acalways returned  home on the approach of the  cording to an author quoted by Athenaeus (iv. 75 
season of the Hyacinthia, that they might not be  compare Plin. H. N. vii. 38), the first organist
obliged to neglect its celebration (Xen. Hellen. iv. was Ctesibius of Alexandria, who lived about B. c.
5. ~ 11; Paus. iii. 10. ~ 1), and that the Lacedae-  200.  He evidently took the idea of his organ
monians on one occasion concluded a truce of forty  from  the SYRaNX or Pandean pipes, a musical
days with the town of Eira, merely to be able to  instrument of the highest antiquity among the
return home and celebrate the national festival Greeks.   His object being to employ a row of
(Paus. iv. 19. ~ 3); and that in a treaty with  pipes of great size, and capable of emitting the
Sparta, B. C. 421, the Athenians, in order to show  most powerful as well as the softest sounds, he contheir good-will towards Sparta, promised every  trived  the means of adapting keys with levers
year to attend the celebration of the Hyacinthia.  (a&ycwo'aicoi), and with perforated sliders (Wrcyara),
(Thucyd. v. 23.)                        [L. S.]   to open and shut the mouths of the pipes (-yAcoo-'HY'ALUS.  [VITRUM.]                             Ko/la), a supply of wind being obtained, without
HYBREOS GRAPHE (vUpeWcs ypae(p). This  intermission, by bellows, in which the pressure of
action was the principal remedy prescribed by the  water performed the same part which is fulfilled in
Attic law for wanton and contumelious injury to  the modern organ by a weight.  On this account
the person, whether in the nature of indecent (ar' the instrument invented by Ctesibius was called
alXpovpylias) or other assaults (&ra& 7rkqy/c?).  If the water-organ (vi3pavAhs, Athen. 1. c.;  iapauAtthe offence were of the former kind, it would al- tcIy hp ydroi, Hero, Spirit.; hIydraulicca smac/ina,
ways be available when the sufferer was a minor Vitruv. x. 13; Schneider, ad loc.; Drieberg, die
of either sex (for the consent of the infant was pneunm. EsfiMdungee n des' Griecl/en, pp. 53-61;
immaterial), or when an adult female was forcibly lhydraulzvs, Plin. H. N. ix. 8; Cic. Tusc. iii. 18).
violated: and this protection was extended to all Its pipes were partly of bronze (XaXn eCai &pompa,
conditions of life, whether bond or free.  (Dem. c. Jul. Imp. in Brunck's. nal. ii. 403; seges au'na,
lreid. p. 529. 15.) The legalrepresenItative (c,'ptos), Claud. de Meall. Tlteod. Cons. 316), and partly of
however, of such person might, if he pleased, con- reed. The number of its stops, and consequently of
sider the injury as a private rather than a piublic its rows of pipes, varied from one to eight (Vitruv.
wrong, and sue for damages in a civil action.. c.), so that Tertullian (de Anigza, 14) describes
[BiAIoN DIKE.]  With respect to common as- it with reason as an exceedingly complicated insaults, a prosecution of this kind seems to have strument.  It continued in use so late as the ninth
been allowable only when the object of a w-anton  century of our era: in the year 826, a water-organ
attack was a free person (Aristot. Rl/et. ii. 24), as was erected by a Venetian in the church of Aquisthe essence lay in its contumely, and a slave could granum, the  modern  Aix-la-Chapelle.   (Quix,
incur no degradation by receiving a blow, though   nllzster-kirc/he isz Aac/ien, p. 14.)
the injury, if slight, ismight entitle the master to    The organ was well adapted to gratify the Rorecover damages for the battery (aclida), or, ifl man people in the splendid entertainments provided




HYLORI.                                   HIYPOBOLES GRAPHE.    623
for them  by the emperors and other opulent per-  had the superintendence of forests (DiiXv  uvXdarsw'r,
sons.  Nero was very curious about organs, both  compare Suidas, s. v.).  Aristotle'(Polit. vi. 5),
in regard to their musical effect and their mecha-  who divides all public officers into three classes
nism.  (Sueton. Ner. 41. 54.)  A contorniate coin  (&pXal, E7rLxeX?7'ral, and  irs7pdEaL), reckons the
of this emperor, in the British Museum (see wood-     arapoi among the E&rlJUs;A rai, and says that by
cut), shows an organ with a sprig of laurel on one  some they were called  -ypovo'eol.  They seem  to
have been a kind of police for the protection of
the forests, similar to the German forster. But
the exact nature of their office, or the Greek
states where it existed, are unknown.   [L. S.]
HYPAETHRUS.  [TEMPLUrI.]
HYPASPISTAE (v5'7raorrt'rai). [EXERCITUS,
p. 488, b.]
HYPE'RETES ('nrop7 s s).  This word is derived from Ep'os-W, iPEd'Ts, and therefore originally
signifies a rower; but in later times the word was,
-           t                {{\0 w1 ith the exception of the soldiers or marines, applied to the whole body of persons who performed
any service in a vessel. (Thucyd. vi. 31, with
GiAller's note; Demosth. c. Polycl. pp. 1214,1216,
&c.; Polyb. v. 109.)  In a still wider sense V7rpErmjs was applied to any person who acted as the
side, and a man standing on the other, echo may  assistant of another, and performed manual labour
have been victorious in the exhibitions of the cir- for him, whether in sacred or profane things (Polcus or the amphitheatre.  It is probable that these  lux, i. 1, 16, viii. 10), whence the word is somemedals were bestowed upon such victors, and that times used as synonymous with slave.- (Clitarchus,
the organ was impressed upon them on account of ap. Atlhen. vi. p. 267; compare Pollux, vii. 8. 2;
its introduction on such occasions. (Havercamp, de  Hesych. s. v.)  Hence also the name v7r-jpdeaL was
Nzum. contorniatis; Rasche, Lex. Univ. Rei Nusn. sometimes given to those men by whom the hoplis. 1. HyIdslaulicumn Instrustentumn.) The general form  tae were accompanied when they took the field,
of the organ is also clearly exhibited in a poem  and who carried the luggage, the provisions, and
by Publilius Porphyrius Optatianus, describing the  the shield of the hoplites. (Xen. Cyros. ii..   ~ 31.)
instrument, and composed of verses so constructed  The more common name for this servant of the
as to show both the lower part which contained  hoplites was o'Ev4(popos.
the bellows, the wind-chest which lay upon it, and    At Athens the name vTr-p'VTs, or the abstract
over this the row of 26 pipes.  These are repre-  vr77petia, seems to have been applied to a whole
sented by 26 lines, which increase in length each  class of officers.  Aristotle (Polit. vi. 5) divides all
by one letter, until the last line is twice as long  public offices into three classes, a&pXa or magisas the first. (Wernsdorf, Poetae Lat. MIin. vol. ii. tracies, ErrLE'Xaemt or administrations, and S7r?7pe-riat
pp. 394-413.)                          [J. Y.]    or services.  Now all public officers at Athens, in
HYDRAU/LICA            MA'CHINA.    [HY- as far as they were the representatives of the
DRAULA.]                                           people, or the executors of its will, were appointed
HYDRAULUS [HYDRAULA.]                           by the people itself or by the senate; and with
HY'DRIA  (bFpta).  [SITULA.]                    the exception of some subaltern military officers,
HYDRIAPHO'RIA (vptaoopla) was oneofthe  we never find that one public officer was appointed
services which aliens (Lce4ToCot) residing at Athens by another.  A public officer, therefore, when he
had to perform to the Athenians at the Panathenaea, appointed another person to perform the lower or
and by which it was probably only intended to im- more mechanical parts of his office, could not raise
press upon them  the recollection that they were  him  to the rank of a public officer, but merely
mere aliens and not citizens. The hydriaphoria was engaged him as a servant (v7r-qpEsTs), and on his
performed only by the wives of aliens (Pollux, iii. own responsibility.   These  7rfjpE'rat, therefore,
55); whereas their daughters had on the same oc- were not public officers, properly speaking, but
casion to perform the oKcmta3qpopia (the carrying of only in as far as they took a part in the functions
parasols) to the Athenian maidens, and their hus- of such officers.  The original and characteristic
bands the a'cao oplfa (the carrying of vessels, difference between them  and real public officers
see Aelian, V. II. vi. 1, with Perizonius; Harpo- was, that the former received salaries, while the
crat. s. v. Zcapq(po pop).  It is clear from the words latter had none. Among the U7r7prealxvere reckoned
of Aelian that these humiliating services were not the lower classes of scribes [GRAMMATEUS ], hedemanded of the aliens by the laws of Solon, but ralds, messengers5 the ministers of the Eleven, and
that they were introduced at a later period. (Pe- others.  This class of persons, as might be suptitus, Lefg. Att. p. 95.)  The hydriaphoria was posed, did not enjoy any high degree of estimation
the carrying of a vessel with water (68pia, Ari- at Athens (Pollux, vi. 31), and from  Aristotle
stoph. Eccles. 738), Whlch service the married alien  (Polit. iv. 12) it is clear that they were not always
women had to perform to the married part of the  Athenian citizens, but sometimes slaves.  [L. S.]
female citizens of Athens, when they walked to the    HYPEROON (iirepoov). [Dor. us, p. 426, a.]
temple of Athena in the great procession at the    HYPOBOLES GRAPHE (iuroCoAiXi ypaop).
l'anathenaea.  (Compare Meursius, Panathenaea, Of this action we learn from the Lex Rhet. that
c. 21.)                                 [L. S.]   it was one of the many institutions calculated to
IHYDROMELI.  [VINuM.]                           preserve the purity of Attic descent, and preferred
l YLO'RI orHYLEO'RI (bXwpoti,dAhr7po1),are  against persons suspected of having been supposisaid by Ilesychius (s. v.) to have been officers whio  titious children.  If this fact was establishlcd at t-i




62,4             HYSPLENX.                                          JANUA.
trial, the pretended citizen was reduced to slavery, 
and his property confiscated.      [J. S. M.]
IHYPOCAUSTUM.  [BALNEAE, p. 192, b.]                               I. J.
H YPOCOSME'TAE ( urotcoeu?7vrai), frequentlv
occur in Athenian inscriptions of the time of the    JACULATO'RES. [ExERcITus, p. 503, a.]
Roman empire, as assistants of the IKcoo1 SS, who    JA'CULUM.  [HASTA.]
at that period was the chief officer who regulated    JA'NITOR.  [JANUA.]
the exercises of the Gymnasium.  (Krause, Gym-   JA'NUA  (;5pa), a door.  Besides being applinastik und Algonistik, vol. i. p. 212, &c.)     cable to the doors of apartments in the interior of
HYPO'CRITES (Tro KpleTs).  [HsSTRIO.]    a house, which were properly called ostia (Isid.
I1YPODE'MA (haroi4/a).  [CALCEUS.]            Orig. xv. 7; Virg. Aen. vi. 43. 81), this term more
HYPOGE'UM.  [FuNUs, p. 561,a.]                especially denoted the first entrance into the house,
HYPOGRAMMATEUS   (nroypayuaTEavshs). i. e. the front or street door, which was also called
[GRAMMATEUS.]                                   anticum (Festus, s,. v.), and in Greek 3apa abesXos,
HYPO GRAPHIS.  [PICTURA, No. VI.]    ah2AsEa, ahios, avhAia (Od. xxiii. 19; Pind. Neam.
HYPOMEI ONES (h7roetESoYEs). [HoboE].  i. 19  Menand. p. 87, ed. Mein.; Harpocration,
HIYPOMO'SIA  (S7roleoo'a).  [DIAETETAE; s...; Theophr. Char. 18;  Theocrit. xv. 43;
L)IKE. ]                                        Charit. i. 2; Herodian, ii. 1).  The houses of the
IHYPO'NOMUS.  [EMIssARIvUM]                   Romans commonly had a back-door, called postiHYPORCHE'MA  (67rdpX-qlta), was a lively cUMi, postica, or posticula (Festus, s. v.; Hor. Epist.
kind of mimic dance which accompanied the songs i. 5. 31; Plaut. Most. iii. 3. 27; Sueton. Claud.
used in the worship of Apollo, especially among the 18), and in Greek  7rapdOvpa dim. 7rapaOv5prov.
Dorians.  It was performed by men and women. Cicero (post. Red. 6) also calls it pseudothyron,
(Athen. xiv. p. 631.)  A chorus of singers at the " the false door," in contradistinction to janua, the
festivals of Apollo usually danced around the altar, front door; and, because it often led into the
while several other persons were appointed to ac- garden of the house (Plaut. Stich. iii. 1. 40-44),
company the action of the song with an appropriate it was called the garden-door (-q7rac'a, Hermip. op.
mimic performance (vropxEaOate).  The hypor- At/aen. xv. 6).
chema was thus a lyric dance, and often passed    The door-way, when complete, consisted of four
into the playful and comic, whence Athenaeus indispensable parts, the threshold, or sill; the
(xiv. p. 630, &c.) compares it with the cordax of lintel; and the two jambs.
comedy.  It had, according to the supposition of   The threshold (limen, IlrAbs, o63as) was the obMiller, like all the music and poetry of the Dorians, ject of superstitious reverence, and it was thought
originated in Crete, but was at anl early period in- unfortunate to tread on it with the left foot.  On
troduced in the island of Delos, where it seems to this account the steps leading into a temple were
have continued to be performed down to the time of an uneven number, because the worshipper,
of Lucian.  (Athen. i. p. 15; Lucian, de Saltat. after placing his right foot on the bottom  step,
16;- compare MUller, Dor. ii. 8. ~ 14.) A similar would then place the same foot on the threshold
kind of dance was the ye'pavos, which Theseus on also. (Vitruv. iii. 4.)  Of this an example is prehis return from Crete was said to have performed  sented in the woodcut, p. 97.
in Delos, and which was customary in this island    The lintel (jugumentum, Cat. de Re Rust. 14;
as late as the time of Plutarch. (Thes. 2i.)  The supercilium, Vitruv. iv. 6) was also called lizmee
leader of this dance was called yepavoUrAcos. (Juv. vi. 227), and more specifically limen supercuzm,
(HIesych. s. v.)  It was performed with blows, and to distinguish it from the sill, which was called
with various turnings and windings (,E pvOy4, linzen infiruni. (Plant. llere. v.. 1.)  Being de7repLEAtieLs sKal &veXieSs;EXovrT), and was said to signed to support a superincumbent weight, it was
be an imitation of the windings of the Cretan  generally a single piece, either of wood or stone.
labyrinth.  When the chorus was at rest, it formed  Hence those lintels, which still remain in anlcient
a semicircle, with leaders at the two wings. (Pol- buildings, astonish us by their great length.  In
lux, iv. 101.)                                  large and splendid edifices the jambs or door-posts
The poems or songs which were accompanied by  (postes, creaO/oi) were made to converge towards
the hyporchem were likewise called hyporchemata. the top, according to certain rules, which are given
The first poet to whom such poems are ascribed  by Vitruvius (1. e.).  In describing the construcwas Thaletas: their character must have been in  tion of temples he calls them  antepayn2enta, the
accordance with the playfulness of the dance which  propriety of which term may be understood front
bore the same name, and by which they were ac- the ground-plan of the door at p. 241, where the
companied.  The fragments of the hyporchemata hinges are seen to be behind the jambs.  This
of Pindar confirm this supposition, for their rhythms plan may also  serve to show  what Theocritus
are peculiarly light, and have a very imitative means by the hollow door-posts (orTaeOfh  Kooira
and graphic character.  (Bickh, ie Ilheir. Pied. urvpdcao, Idyll. xxiv. 15).  In the Augustan age
p. 201, &c., and p. 270.)  These chartacteristics it was fashionable to inlay the posts with tortoisemust have existed in a much higher degree in the shell. (Virg. Geory. ii. 4-63.)  Although the jamb
hyporchematic songs of Thaletas.  (MUller, Hist.  was sometimes nearly twice the length of the
c/' Greek Lit. i. p. 23, &c.; compare with p. 160, lintel, it was made of a single stone even in the
&c.)                                  [L. S.]   largest edifices.  A very striking effect was proHYPOSCE'NIUiM.  [THEATRuM.]                   duced by the height of these door-ways, as well as
IIYPOTHE CA.  [PIGNTJs.]                      by their costly decorations, beautiful materials, and
HYPOTHECA'RIA  ACTIO.  [PIGNoU.s.]   tasteful proportions.
HYPOTRACHE'LIUM.    [COLUrINA,  p.   The door in the front of a temple, as it reached
325, a.]                                         nearly to the ceiling, allowed the worshippers to:IYSPLENX  (BorrAXyt).  [STADIUAVL]           view from without the entire statue of the divinity




. JUA.                                                ANUA.                    625
and to observe the rites performed before it.  Also  _.. 
the whole light of the building was commonly ad-                                         i
mitted through the same aperture.  These circum-   I               Tl!          C;   rrE~ ~
stances are illustrated in the accompanying woodcut, showing the front of a small temple of Jupiter,
I OVTICAP 1     \TOLINO                              i I  i       --'L -
ANTAR.  This superstruction was the hy7erlthZyrunt
\\-1~~~~~    _-~  tof Vitravius (1. c.), and of the Greek architects
whom he followed. The next woodcut shows one of
the two consoles which support the cornice of a beautifuil Ionic door-way in the temple of MAinerva Polias
taken from a bas-relief.  (A[oz. Malt. vol. iii. Tab. at Athens. In the inscription relating to the build39.)  The term  antepagoentetm, which has been  ing of that temple,  hich is now is    n the Elgin colalreadyexplained, and which was applied to the lin-  lection of the British Museum, the object here
tel as well as the jambs (antepegmeentuo  super-ies, delineated  is called  ouS  rpy vsrepOpTP.  Other
Vitruv. iv. 6. ~ 1), implies, that the doors opened in- Greek names for it, used by Vitruvits (iv. 6. ~ 4),
vwards.  This is clearly seen in the same woodcut, are parotis and ancon, literally a "side-ear" and
mand is found to be the construction of all ancient "an elbow."  The use of consoles, or trusses, in
buildings at Pompeii and other places.  In some  this situation was characteristic of the Ionic style
of these buildings, as for example, in that called  of architecture, being never admitted in the Doric.
" the house of the tragic poet," even the marble  It is to be observed that Homer (Od. vii. 90),
threshold rises about an inch higher than the bot- Hlesiod (Scet. 271), and Herodotuts (i. 179), use
tom of the door (Gell's Po7mpeiane, 2nd Ser. vol. i. the term  7r-4pOvpov, or its diminutive vrepOdpMoV,
p. 144), so that the door was in every part behind  to include the lintel.  Upon some part of the hyperthe door-case.   After the time of Hippias the  thyrmn there was often an inscription, recording
street-doors were not permitted to openi outwardly  the date and occasion of the erection, as in the
at Athens (Becker, Clharikles, vol. i. pp. 189, 200); case of the temple of Hercules above represented,
and hence Es'ouvat meant to open the door on  or else merely expressing a moral sentiment, like
coming in, and e7rio7rdoaaa'Oa  or EpeAKVao'ao'Oat to  the celebrated "Know thyself" upon the temple at
shut it on going out.  In a single instance only  Delphi.
were the doors allowed to open outwardly at Rome;    The door itself was calledforis or vlvai, and ii
an exception was made as a special privilege in  Greek sarlfs, iAmafas, or vspeTpoV.  These words
bonour of Al. Valerius Publicola. (Schneider, in  are commonly found in the plural, because the doorJVitruv. iv. 6. ~ 6.)                               way of every building of the least importance conThe lintel of the oblong dd                                   door-case folas  in  together, as ing tog ethe r, as in all the
large and splendid buildings, such as the great instances already referred to.  When foris is used
temples, surmounted either by an architrave and  in the singular, we may observe that it denotes one
cornice, or by a cornice only.  As this is not of the folding-doors only, as in the phrase Jbris
shown in the bas-relief above introduced, an actual creptit, which occurs repeatedly ins Plautus, and
door-way, viz., that of the temple of Hercules at describes the creaking of a single valve, opened
Corae, is here added. Above the lintel is an archi- alone and turning on its pivots. Evenm the internal
trave with a Latin inscription upon oit, and above  doors of houses were bivalve (G(ll's Pomupeiana,
this a projecting cornice supported on each side by  2nd Ser. vol i. p. 166); hence lwe read of "the
a console, which reaches to a level with th the bottom  folding-doors of a bed-chamber" (fores cubicli,
of the lintel. The top of the cornice (corrona ssbmea, Suet. Aug. 82; Q. Curt. v. 6; oaviasre ed &papualm,
Vitruv. iv. 6. ~ 1) coincided in height with the tops  Homn. Oc. xxiii.  42; rVAnm &r'Xa7o, Soph. Oed.
of the capitals of the colimnns of the pronaos, so  Ty:sr. 1261).  But in every case each of the two
that the door way, wih ith its supestrcture, was  valves was wide enough to allow persons to pass
exactly equal in height to the columns  and  the  through without opening  the other valve also.
$ T i 




626               JANUA..TANUA.
Even each valve was sometimes double, so as to - it the 7.i)paetruo, and his language implies that i
fold like our window-shutters (duplices comnplica-  was commonly used in temples.
bilesque, Isid. Orig. xv. 7).  The mode of attach-    The folding-doors exhibited in the last woodcut,
ing doors to the door-way is explained under the  instead of a rebate such as we employ, have an uparticle CARDO.                                   right bronze pilaster standing in the middle of the
The remaining specimens of ancient doors are  door-way, so as to cover the joining of the valves.
all of marble or of bronze; those made of wood, The fastenings of the door (claustra, Ovid. Amor.
which was by far the most common material, have  i. 6. 17; obices) commonly consisted in a bolt
perished. The door of a tomb at Pompeii (Mazois,  (pessullus;  cbvsaXos, ixaroXeus, KicAepo, Altt.
Ruines de Ponzpei, vol. i. pl. xix. fig. 4) is made  KcAiOBpov, Soph. Oed. Tyr. 1262, 1287, 1294)
of a single piece of marble, including the pivots, placed at the base of each foris, so as to admit of
which were encased in bronze, and turned in  being pushed into a socket made in the sill to resockets of the same metal. It is 3 feet high, 2 feet ceive it (7rvOIAPv, Sopb. Oed. Tyr. 1261).  The
9 inches wide, 41 inches thick.  It is cut in front Pompeian door-ways show two holes correspondto resemble panels, and thus to approach nearer  ing to the bolts of the two fores (Gell, Pooipeiana,
to the appearance of a common wooden door, and  2nd Ser. vol. i. p. 167); and. they agree with
it was fastened by a lock, traces of which remain. numerous passages which mention in the plural
The beautifully wrought tombs of Asia Minor number" the bolts," or," both tie bolts "' of a door.
and  other eastern countries have stone doors, (Plaut. Aeull. i. 2. 26, Cure. i. 2. 60-70; Soph.
made either to turn on pivots or to slide sideways  II. cc.; Callim. in AJpoll. 6.)
in grooves.  Doors of bronze are often mentioned    The annexed woodcut shows an ancient bolt
by ancient writers.  (Herod. i. 179; Plin. I  N.V. preserved in the Museum at Naples.  (SMazois,
xxxiv. 7.)  The doors of a supposed temple of R ines de Pomnpi, vol. i. part. 2. pl. vii.)
Remus, still existing at Rome, and now occupied
as a Christian church, are of this material.  Mr.                                          (
Donaldson (Collection of Door-ways from Ancient
Buildinqs, London, 1833,pl.21) has represented            A
them filling up the lower part of the door-way of.!                    ti    I
the temple at Cora, as shown in the last woodcut,       \'       I
which is taken from  him.  The four panels are   F       ~ "      J
surrounded by rows of small circles, marking the                       KJ2
spots on which were fixed rosettes or bosses, similar to those which are described and figured in the
article BULLA, and which served both to strengthen
and to adorn the doors. The leaves of the doors
were sometimes overlaid with gold, which was an
Eastern practice, as we see from the doors inthe
temple of Solomon at Jerusalem (1 KiPgs, vi. 32 —
35); at other times they were enriched with the
most exquisite carving. (Ovid. Mlet. viii. 705; Virg.
GeoPrg. iii. 26, Aen. vi. 20-33.) Those in the temple
of Minerva, at Syracuse, are said by Cicero (Verr.
iv. 56) to have exceeded all others in the curious
and beautiful workmanship executed upon them in
gold and ivory. "' It is incredible," says he, " how
many Greeks have left writings descriptive of the
elegance of these valves."  One of the ornaments
was " a most beautiful Gorgon's head with tresses
of snakes," probably occupying the centre of a
panel.  In addition to the sculptures upon the    By nighllt, the front-door of the house was further
valves themselves, the finest statues were some- secured by means of a wooden and sometimes an
times placed beside them, probably at the base of iron bar (sera, repagzla, luoXAbs) placed acrmss it,
the antepagmenta, as in the magnificent temple of and inserted into sockets, on each side of the doorJuno  in Samos.  (Cic. Verr. i. 23.)  In the  way.  (Festus, s.v. Adserere; Ovid. rlmor. i. 6.
lhncied palace of Alcinous (Od. vii. 83-94) the  24-56.)  Hence it was necessary to remove the
door-case, which was of silver with a threshold of bar (Tbsv  LoXXbv, rapdipepets &as   &  ouXAEVsev, Eurip.
bronze, included folding-doors of gold; whilst dogs,  Aled. 1309) in order to open the door (reserare).
wrought in gold and silver, guarded the approach, (Theophrast. C/iars. 18; Plutarch, Pelop. p. 517,
probably disposed like the avenue of sphinxes be- ed. Steph.; Plaut. Cist. iii. 18; Ovid. 11let. v. 120.)
fore an Egyptian temple.  As luxury advanced  Even chamber-doors were secured in the same
among the Romans metal took the place of wood, manner (Heliodor. vi. p. 281, ed. Comm.; cu2biculi
even in the doors of the interior of a house. Hence  obseratis foribus, Apul, iklo. ix.); and here also,
the Quaestor Sp. Carvilius reproved Camillus for in case of need, the bar was employed as a further
having his chamber doors covered with bronze  security in addition to the two bolts (/aCOpa? ov(erata ostic, Plin. 1. c.).                     riepa1'osVes,tdXXols, Eurip. Orest. 1546, 1566,
A lattice-work is to be observed above the  I-J)z. Aul. 345, Ancdlon. 952).  To fasten the
bronze doors in the last woodcut, Mr. Donaldson  door with the bolt wasjanusae pessdulmn obdere, with
having inltroduced it on the authority more espe- the bar jaecansa  obsesrae (Ter. Eun. iii. 5. 55, iv.
cially of the Pantheon at Rome, where the upper  6. 26, Ileaut. ii. 3. 37).  At Athens a jealous
part of the door-way is filled with a window such  husband sometimes even proceeded to seal the door
as that here represented. Vitruvius (iv. 6. ~ 1) calls  of the women's apartment.  (Aristoplh. Tiics:.,




JAN UA. -                                          JANUA.                    627
422; Menand. p. 185, ed. Mein.)  The door of a  the door of a temple.  (Pind. Nemn. v. 53.)  In
bed-chamber was sometimes covered with a curtain  like manner persons fixed to the jambs and lintels
[VEIUM].                                          of their own doors the spoils which they had taken
In the Odyssey (i. 442, iv. 802, xxi. 6, 46-  in battle.  (Festus, s. v. Resignare; Plin. H. N.
50) we find mention of a contrivance for bolting or xxxv. 2.)  Stag's horns and boar's tusks were on
untolting a door from the outside, which consisted  the same principle used to decorate the doors of
in a leathern thong (ilcds) inserted through a hole  the temples of Diana, and of the private indiviin the door, and by means of a loop, ring, or hook  duals who had taken these animals in the chace.
(iaeLs, KicXts), which was the origin of keys, capa- Owls and other nocturnal birds were nailed upon
ble of laying hold of the bolt so as to move it in  the doors as in modern times. (Pallad. de Re Rust.
the-manner required.  The bolt by the progress of i. 35.)  Also garlands and wreaths of flowers were
improvement was transformed into a lock, and the  suspended over the doors of temples in connection
keys found at Herculaneum  and Pompeii and  with the performance of religious rites, or the exthose attached to rings (Gorlaei, Dactylioth. 42, pression of public thanksgiving, being composed in
905-209) prove, that among the polished Greeks  each case of productions suited to the particular.and Romans, the art of the locksmith (icxAe3oroibs)  divinity whom they were intended to honour.  In
approached very nearly to its present state. (Achill. this manner the corona spicea was suspended in
Tat. ii. 19.)                                      honour of Ceres (Tib. i. 1. 21; see also *Virg.
The door represented in the first woodcut to this. Ciris, 95-98).  Laurel was so used in token of
article has a ring upon each valve, which was used  victory, especially at Rome (Ovid. lMet. i. 562),
to shut the door, and therefore called the e7ri7raw-  where it sometimes overshadowed the CORONA
aerTp.  Herodotus (vi. 91) tells a story of a captive  CIVICA onthe doors of the imperial palace. (Ovid.
who having escaped to a temple of Ceres, clung to  Trist. iii. 1, 35-49; Plin. II. N. xv. 39; laureatis
the rings on the doors with both his hands.  This fbribus, Sen. Consol. ad Polyb. 35; Val. Max. ii.
a.ppendage to the door, which was sometimes gilt 8. ~ 7.)  The doors of private houses were ornaand very handsome, was also called, on account of mented in a similar way, and with different plants
its form, lcpicos and Kopc~m7, i. e. a " circle " or according to the occasion.  More especially, in cele" crown" (Hom. Od. i. 441, vii. 90); and, be- bration of a marriage either laurel or myrtle was
cause it was used sometimes as a knocker, it was. placed about the door of the bridegroom.  (Juv. vi.
called p%7rrpo, (Harpocrat, s. v.; Xen. Hellen. vi. 79, 228; Claud. de NAupt. Hon. et Mar. 208.)
4. ~ 36).  The term 6Kpa(, " a crow" (Brunck, Catullus, in describing an imaginary marriage, supAnal. iii. 168), probably denoted a knocker more  poses the whole vestibulum to have been tastefully
nearly approaching the form of that bird, or per- overarched with the branches of trees.  (Epithal.
haps of its neck and head.  The lowest figure in  Pel. et Thiet. 278-293.)   The birth of a child
the last woodcut shows a richly ornamented epi- was also announced by a chaplet upon the door
spaster, from the collection at Naples.  That with  (Juv. ix. 84), and a death was indicated by cya lion's head is taken from a bas-relief, represent- presses, probably in pots, placed in the vestibulum.
ing the doors of a temple, in the collection at Ince-  (Plin. H. N. xvi. 60; Serv. in Virg. Aen. iii. 64.)
Blundell, near Liverpool. The third figure is from  In addition to trees, branches, garlands, and
the Neapolitan Museum.                             wreaths of flowers, the Romans sometimes disBefore the door of a palace, or of any private house  played lamps and torches before the doors of their
of a superior description, there was a passage lead- houses for the purpose of expressing gratitude and
ing to the door from the public road, which was joy. (Juv. xii. 92.) Music, both vocal and instrucalled vestibulumnz (Isid. Orig. xv. 7; Plant. Mllost. mental, was sometimes performed in thevestibulum,
iii. 2. 132; Gell. xvi. 5) and 7rp6Ovpov (Vitruv. especially on occasions when it was intended to do
-i. 7. 5; Hom. Od. xviii. 10 —100; Herod. iii. 35, honour to the master of the house, or to one of his
140). It was provided with seats (Herod. vi. 35). family. (Pind. Nero 1. 19, 20, Isth. vii. 3.)
It was sometimes covered by an arch [CAMERA],    It was considered improper to enter a house
which was supported by two pillars (Serv. ad  without giving notice to its inmates.  This notice
Y'irg. Aen. ii. 469); and sometimes adorned with  the Spartans gave by shouting; the Athenians and
sculptures (Virg. Aen. vii. 181; Juv. vii. 126). all other nations by using the knocker already deHere persons waited, who came in the morning to  scribed, but more commonly by rapping with the
pay their respects to the occupier of the house. knuckles or with a stick (Iepolewv, ndi7rewv, Becker,
(Gell. iv. 1.)  In the vestibule was placed the  Chariak. vol. i. pp. 230 —234; Plat. Protag. pp. 151,
domestic  altar  [ARA].   The  Athenians  also  159, ed. Bekker.)  In the houses of the rich a
planted a laurel in the same situation, beside a  porter (janitor, custos, a3vpcpds) was always in atfigure designed  to  represent Apollo (Aristoph. tendance to open the door.' (Tibull. i. 1. 56.)  He
Tliesz. 496; Planut. IMerae. iv. 1. 11, 12); and  was commonly a eunuch or a slave (Plat. 1. c.),
statues of Mercury were still more frequent (Thu-  and was chained to his post.  (Ovid. Anzor. i. 6;
cyd. vi. 27), being erected there on the principle  Sueton. de Cla-. Rhet. 3.) To assist him in guardof setting a thief to catch a thief. (Schol. ad Arsis- ing the entrance, a dog was universally kept near
toph. Plzut. 1155.)                                it, being also attached by a chain to the wall (TheeThe DONARIA offered to the gods were suspended  crit. xv. 43; Apollodor. ap. A theez. i. 4; Aritoph.
not only from  the ANTAE, but likewise from the  l7tesmn. 423, Lysist. 1217; Tibull. ii. 4. 32-36);
doCr-posts, and lintels of their temples (Virg.  and in reference to this practice, the warning Cave
Acn. iii. 287, v. 360; Ovid. Trist. iii. 1. 34; Her.  Canesz, ebAXaGoe rt', /ca, was sometimes written
(C6Lt'l1. iv. 15. 8. Epist. i. 1. 5, i. 18, 56; Pers. near the door.  Of this a remarkable example ocSat. vi. 45; Plin. H. N. xxxv. 4), as well as of curs in " the house of the tragic poet "at Pompeii,
palaces, which in ancient times partook of the  where it is accompanied by the figure of a fierce
sanctity of temples. (Virg. Aen. ii. 503, vii. 183.)  dog, wrought in mosaic on the pavement.  (Gell's
Victors in the games suspended their crowns at Peeop. 2nd Ser. vol. i. pp. 142, 145.)  Instead
as2




628              ILLUSTRES.                                         IMPERIUM.
of this harsh admonition, some walls or pavements  means of procurators. (Cod. Theod. 6. tit. 6, &c.,
exhibited the smore gracious SALVE  or XAIPE.  with the commentary of Gothofred; Walter, Gesch(Plat. ChLarm. p. 94, ed. Heindorf.)  The appro-  ichte des RIonischen Rechts, ~ 380, 2nd ed.; Gibbon,
priate names for the portion of the house immedi-  Decline and Fall, c. 17. vol. iii. p. 34, London,
ately behind the door (;fvpc6v, Soph. Oed. Tyr.  1797.)
1242, Elect. 328), denotes that it was a kind of    IMA'GINUM  JUS.  [NoBILES.]
apartment; it corresponded to the hall or lobby of    IMA'GO, the representation or likeness of any
our houses.  Immediately adjoining it, and close  object, is derived from the root iml or sirn, which
to the front door, there was in many houses a  appears in imi-itari and sim-ilis, and likewise in
small room for the porter (cella, or cellulajanitoris, the Greek 06,-cl.  (" Imago ab imitatione dicta,"
Sueton. Vitell. 16; Varro, de Re Rust. i. 13;  Festus, s. v.;  IsImago dicitur quasi imnitago," PorDuvpcpe7ov, Pollux, i. 77).            [J. Y.]    phyr. ad lior. Cars.  i. 12. 4.)  It was especially
-ATRALIPTA, IATRALIPTES, or  1A-  applied among the Romans to indicate the waxen
TROALIPTES (ZarpaAheaLrTs), the name given  busts of deceased ancestors, which distinguished
by the ancients to a physician who paid particular  Romans kept in the atria of their houses, and of
attention to that part of medical science called  which an account is given in the article NOBILES.
Igttraliptice.  The name is compounded of laTpls  The word is also used in general to signify a porand aXefbpw, and signifies literally a physician that trait or statue of a person; on both of which
cures by anointing.  According to Pliny (H. N. some remarks are made under PICTURA, No. XV.
xxix. 2), they were at first only the slaves of phy- and STATUARIA, No. II.
sicians, but afterwards rose to the rank of physicians    I'MBRICES.  [TEGULA.]
themselves, and were therefore superior to the    IMMUNITAS (from inl and mantus), signifies,
aliptae.  [ALIPTAE.]  The word occurs in Paulss  1. A freedom from taxes.  2. A freedom from serAegineta (De Re Re ed. iii. 47), Celsus (De Medic. vices which other citizens had to discharge.  With
i. 1) and other medical writers.    [W. A. G.]   respect to the first kind of immunitas we find that
IATRUS (iaTrpos).  [MEDICUS]                    the emperors frequently granted  it to separate
IATROSOPI-ISTA ('iarpoo-oplar*s), an an- persons (Suet. Aug. 40), or to certain classes of
cient medical title, signifying apparently (according  persons, or to whole states.  When'granted to
to Du Cange, Glossar. illed.t et. If2. Graecit.) one  individuals the  immunitas  ceased  with  their
who both taught medicine and also practised it death, but in the case of states the privilege conhimself; as the ancients made a distinction be- tiined to subsequent generations.  (Dig. 50. tit.
tween SLlaocKaXuit and E'pyaTLs, the art and the  15. s. 4. ~ 3.)  Thus we find that certain people
science of medicine, the theory and the practice. in Illrria had immunitas from  taxes (Liv. xlv.
(Damascius icz vita Isidori.)  Eunapius Sardianus  26), and that the emperor Claudius grantedfireedom
(De Vit. Philosoph. et Sophist. p. 168, ed. Antwerp.  from taxation in peTpetuuc, to the inhabitants of
1568) calls them  E'qr(rKeCciovs    AXyne'v TE ical Ilium.  (Suet. Claud. 25.)  The Roman soldiers
groerv larpLtciw.  The word is somewhat varied in  from the time of Nero were exempt from all duties
different authors.  Socrates (Hist. Eccles. vii. 13)  on goods which they might carry into the procalls Adamantius a-rplrtc, Xdywo'.ce~epmor.  Ste- vinces for their own use or might purchase in any
phanus Byzantinus  (s. v. Pra)  mentions'wv  place. (Tac. AcIn. xiii. 51; Cod. 4. tit. 61. s. 3.)
iaerpwv  aoolori's; Callisthenes (quoted in Du    The second kind of immunitas was granted to all
Cange), rlarpbs oolTcirs:s:   and Theophanes (ibid.)  persons who had a valid excuse (earcusatio) to be,eopiLorTs TrOs laTcpLKOS Ertrpu7js. Several ancient released from such services, and also to other perphysicians are called by this title, e. g. Magnes  sons as a special favour. Under the republic, public
(Theoph. Protospath. De U'inis), Cassius, the  offices were objects of ambition, and consequently
author of " Quaestiones Medicne et Naturales,"  there was no difficulty in obtaining persons to disand others.                        [W.A. G.]    charge them  even when they were attended with
IDUS. [CALENDARIUaQe ROMAN.]                    expense to the individual who held thelms.  But
JENTAcCULUM.  [CoENA-, p. 306, a.]              under the empire the case became different. Many
IGNO'BILES.  [NosILEs.]                         offices which entailed expenses, such, for instance,
IGNOMI'NIA.  [INFAAIIA.]                        as that of the decuriones in the municipia, were
ILE (Y'TA).  [ExnECITUS, p. 488, b.]            avoided rather than sought after; and hence various
ILLUSTRES.  When Constantine the Great regulations were made at different times to define
re-organized the Roman administration, he divided  the classes of persons who were entitled to exthe principal magistrates and officials into three  emption. (Comp. Dig. 50. tit. 6; Cod. 10. tit. 47
classes: — 1. The Illustres, who held the first rank; and 48.) The definition of immunitas in this sense
2. The Spectabiles; and 3. The clarissicmzi.  The  is given by Paulus (Dig. 50. tit. 16. s. 18): -
title of illa7stres belonged only to the Consules, the  " Munus - onus, quod cum remittatur, vacationem
Patricii, the Praefectus praetorio, the Praefectus  militiae munerisque praestat, inde imcmunzitatecm apurbi, the Praepositus sacri cubiculi, the Magistri pellari."  The immunitas might be either general,
militum, the Magister officiorum, the Quaestor sacri from all services which a citizen owed to the state,
palatii, the Comes sacrarum  largitionumm, and the  orspecial, such asfrom military service [ExERcITTs,
Comes rerum privatarum. Even among the Illustres  p. 499], from taking the office of tutor or guardian
there was a gradation of rank, the Consuls and  [TuToR], and the like.
Patricii being regarded as higher in dignity than the    IMPE/NDIUM.  [FEN us, p. 526, b.]
others. The titles Sub limissicmi, E acelleizzissici, and    IMPERATI'VAE FERIAE.  [FERIAE.]
Magnifici are used as synonymous with Illustres.    IMPERA'TOR.  [IsMPERIUM.]
Among the privileges of the Illustres we read that    IMPE'RIUM.  Gaius (iv. 103), when making
in criminal cases they could only be tried by the  a division of judicia into those Quae Legitimllo
emperor himself or by an imperial commission, jure consistunt, and those Quae Imnperio contiand that they could mappemar before the courts by  nentur, observes that the latter are  so called




I MP ElRI                                         M PJTMM..                 62
because they continue in force during the Impe- thus:-" Comitia Cariata rem militarem continent."
rium  of him who has granted them.  Legltiina  Though consuls were elected at thie Comlitia Cenjudicia were those which were prosecuted in Rome  turiata, the Comitia Curiata only could give then
or within the first miliarium, between Roman  hnperium.  (Liv. v..52.)  This was in conformity
citizens and before a single judex.  By a Lex  with the ancient constitution, according to whichl
Julia Judiciaria, such judicia expired, unless they  the Imperium  was conferred on the kings after
were concluded within a year and six months. they had been elected: "On the death of King
All other judicia were said Imperio contineri, Pompilius, the populus in the Comitia Curiata
whether conducted within the above limits before elected Tullus IIostilius king, upon the rogation
recuperatores, or before a single judex, when  of an interrex; and the king, following the exeither the judex or one of the litigant parties was ample of Pemupilius, took the votes of the populus
a peregrinus, or when conducted beyond the first according to their curiae on the question of his
miliarium either between Roman citizens or pere- Imperium."  (Cic. Rep. ii. 17.)  Both Numa (ii.
grini.  From this passage it follows that there  13), and Ancus Marcius (ii. 18), the successor of
were judicia quae Imperio continebantur, which  Tullus, after their appointment as Reges, are
were granted in Rome;  which is made clearer by  severally said " De Imperio suo legem  curiatam
what follows.  There was a distinction between a tulisse."  It appears then that, from  the kingly
judicium ex lege, that is, a judicinum founded on a period to the time of Cicero, the Imperilm, as
particular lex, and a judicium  legitimum; for such, was conferred by a Lex Curiata.  On the
instance, if a man sued in the provinces under a kingly Imperium  see Becker, Handbuch de? RiMm.
lex, the Aquilia for example, the judicium was not A lterthiibner, vol. i. part ii. p. 314, &c.
legitimum, but was said Imperio contineri, that is,    The Imperimn  of the kings is not defined by
the Imperium  of'the praeses or proconsul, *who  Cicero.  It is declared by some modem writers to
gave the judicium.  The same was the case if a have been the military and the judicial power;
man sued at Rome ex lege, and the judicium was and it is said that the consuls also received the
before recuperatores, or there was a peregrinus Imperium in the same sense; and the reason why
concerned.  If a man sued under the praetor's the Lex Curiata is specially said to confer the
edict, and consequently not ex lege, and a judi- Imperium Militare, is that it specially referred to
cium was granted in Rome and the same was be- the consuls, and by the establishment of the praefore one judex and no foreigner was concerned, it torship the jurisdictio was separated from the conwas legitimum.  The judicia legitima are men- sulship.  It may be conjectured that the division
tioned by Cicero (Pro  Rose. Corn. 5; Or. Part. of Imperium, made by the jurists, was in accord12); but it may perhaps be doubted if he uses ance with the practice of the republican period: there
the term  in the sense in which Gains does. was during the republican period an Imperium
It appears then, that in the time of Gaius, so long  within the walls which was incident to jurisdictio,
as a man had jurisdictio, so long was he said to  and an Imperium without the walls which was
have Imperium.  Imperium  is defined by Ulpian  conferred by a lex curiata.  There are no traces of
(Dig. 2. tit. 1. s. 3) to be  either merum  or this separation in the kingly period, and it is promixtum.  To have the merum  Imperium  is to  bable that the king received the Imperium in its
have " gladii potestatem ad animadvertendum  in  full import, and that its separation into two parts
facinorosos homines," a power that had no con- belongs to the republican period.  The Imperium,
nection with jurisdictio: the mixtum Imperium  is which was conferred by a lex under the republic,
defined by him as that " cui etiam jurisdictio inest,"  was limited, if not by the terms in which it was
or the power which a magistrate had for the pur- conferred, at least by usage: it could not be held
poses of administering the civil (not criminal) part or exercised within the city.  It was sometimes
of the law.  It appears then that there was an  specially conferred on an individual fdr the day of
Imperium which was incident to jurisdictio; but his triumph within the city; and, at least in some
the merum or pure Imperium was conferred by a  cases, by  a plebiscitum.  (Liv. xxvi.'21, xlv.
lex (Dig. 1. tit. 21. s. i).  The mixtum Imperium  35.)
was nothing more than the power necessary for    The Imperium was as necessary for the gogiving effect to the Juris'dictio.  There might vernor of a province, as for a general who merely
therefore be Imperium  without Jurisdictio, but commanded the armies of the republic, as he could
there could be no Jurisdictio without Imperium. not without it exercise military authority (remn
Accordingly, Imperium is sometimes used to express msilitarem attingere). (See Caes. B. C. i. 6.) So far
the authority of a magistratus, of which his Juris- as we can trace the strict practice of the Roman
dictio is a part.  (Puchta, Zeitscerif~ jiir Gesch. constitution, military command was given by a
Rtechtswissenschaf/, vol. x. p. 201.)            special lex, and was not incident to any office, and
Imperium  is defined by Cicero (Phil. v. 16) to  might be held without any other office than that of
be that " sine quo res militaris administrari, imperator.  It appears that in the time of Cicero
teneri exercitus, belIum geri non potest."  As op- there were doubts as to the necessity of the lex in
posed to Potestas, it is the power which was con- some cases, which may have gradually arisen from
ferred by the state upon an individual who was  the irregular practices of the civil wars, and from
appointed to command an army.  The phrases the gradual decay of the old institutions.  Cicero,
Consularis Potestas and Consulale Imperium might in a passage which is not very clear (Ad Fa7e. i. 9),
both be properly used; but the expression Tri- refers to a Cornelia Lex according to which an inbunitia Potestas only could be used, as the Tribuni dividual who had received a Province ex Senatusnever received the Imperium. (Liv. vi. 37; in Vell. conssolto thereby acquired the Imperium, without
Patere. ii. 2, Imperium is improperly used.)' A con- the formality of a Lex Curiata.
sul could not act as commander of an army (atlin-    The Imnperium (rnerm7n) of the republic appears
gere rein militarem) unless he were empowered by a  to have been (1), a power which was only exerLex Curiata, which is expressed by Livy (v. 52) cised out of the city; (2) a power -which.Ma
8s3




630              IMPUBES.                                          IMP UBES.
specially conferred by a Lex Curiata, and was not bent), and not to those who were infantes or Infanti.
incident to any office; (3) a power without which  proximi, though inll the case of the infanti proximi
no military operation could be considered as done  a liberal interpretation was given to the rule of law
in the name and on the behalf of the state. Of this  (benignior juris interpretatio), by virtue of which a
a notable example is recorded in Livy (xxvi. 2), pupillus, who was infanti proximus, was placed
where the senate refused to recognise a Roman as on the same footing as one who was pubertati
a commander because he had not received the  proximus, but this was done for their benefit only
Imperium in due form.                            (proprte' utilitatem eorum7), and therefore could not
In respect of his Imperium, he who received it apply to a case where the plupillus might be a loser
was styled imperator (abTeocpdrwp): he might be a  (Compare Inst. iii. tit. 19. s. 10 with Gaius, iii. 108.)
consul or a proconsul.  It was an ancient practice, An impubes who was in the power of his father,
observes Tacitus.(Ann. iii. 74), for the soldiers of could not bind himself even with the auctoritas of
a victorious general to salute him  by the title of his father; for in the ca:e of a pupillus, the aucimperator; but in the instance referred to by  toritas of the tutor was only allowed, in respect of
Tacitus, the Emperor Tiberius allowed the soldiers the pupillus having property of his own, which a
to confer the title on an individual who had it not son in the power of his father could not have.
already, while under the republic the title as a    In the case of obligattiones ex delicto, the notion
matter of course was given with the Imlperium; of the auctoritas of a tutor was of course excluded,
and every general who received the Imperium was as such auctoritas was only requisite for the purentitled to the name of imperator.  After a victory  pose of giving effect to rightful acts.  If the imit was usual for the soldiers to salute their com- pubes was of sufficient capacity to understand the
mander as imperator, but this salutation neither nature of his delict, he was bound by it; othergave nor confirmed the title.  Under the republic, wise, he was not.  In the ease of a person who
observes Tacitus, there were several imperatores  was Pubertati proximus, there was a legal preat a time: Augustus granted the title to some; sumption of such capacity; but still this presumpbut the last instance, he adds, of the title being  tion did not exclude a consideration of the degree
conferred  was in  the case of Blaesus., under of understanding of the impubes and the nature of
Tiberius.  There were, however, later instances. the act, for the act might be such as either to be
The assumption of the praenomen of imperator by  perfectly intelligible, as theft, or it might be an
Julius Caesar (Suet. Caes. c. 76) was a usurpation; act which an impubes imperfectly understood. as
or it may have been conferred by the senate (Dion  when he was made the instrument of fraud. These
Cassius, xliii. 44).  Under the republic the title  principles were applicable to cases of furtum, damcame properly after the name; thus Cicero% when  num injuria datum, injuria, and others; and also
he was proconsul in Cilicia, could properly style  to crimes, in which the nature of the act mainly
himself M. Tullius Cicero Imperator, for the term  determined whether or not guilt should be im.
merely expressed that he had the Imperium.. Ti- puted.
berins and Claudius refused to assume the prae-    An impubes could enter into a contract by which
nomen of Imperator, but the use of it as a prae- he was released from a debt, but he could not renomen became established among their successors, lease a debt without the auctoritas of his tutor.
as we see from  the imperial Coins,  Tlhe title Im-  Re could not pay money without his tutor; nor
perator sometimes appears' on the imperial medals, could he receive money without his tutor, at least
followed by a numeral (VI, for instance), whifch  it was not a valid payment, because such payment
indicates that it was specially assumed by them on  was, as a. consequence, followed by a release to the
the occasion of some great victory; for though the  debtor.  But since the rule as to the incapacity of
victory might be gained by their generals, it was  an impubes was made only to save him from loss,
considered to be gained under the auspices of the  he could not retain both the money and the claim.
Imperator.                                         An impubes could not be a plaintiff or a defendThe term Imperium was applied in the republi- ant in a suit without his tutor.  He could acquire
can period to express the sovereignty of the Ro- the ownership of property alone, but he could not
man state,  Thus Gaul is said by Cicero (Pro  alienate it without the consent of his tutor, nor
Font. 1) to have come under the Imperium  and  could he manumit a slave without such consent.
Ditio of the Populus Romanus; and the notion of He could contract sponsalia alone, because the
the Majestas Populi Romani is said to be " in  auctoritas of the tutor has reference only to proImperii atque in nominis populi Romani dignitate."  perty: if he was in his father's power, he was of
(Cie. Or. Part. 30.)  Compare the use of Impe- course entirely under his father's control.
rium in Horace, Od. i. 37, iii. 5.    [G. L.]      An impubes could acquire an hereditas with the
IMPLU'VIUM.  [Dosvus, p. 427, b.]             consent of his tutor, which consent was necessary;
IMPU'BES.  An infans [INFANS] was in- because an hereditas was accompanied with obligacapable of doing any legal act.  An impubes, who  tions. But as the act of cretion was an act that must
had passed the limits of infantia, could do any  be done by the heres himself, neither his tutor nor
legal act with the auctoritas of his tutor; without a slave could take the hereditas for a pupillus, and
such auctoritas he could only do those acts which  he was in consequence of his age incapable of taking
were for his benefit.  Accordingly such an im- it himself.  This difficulty was got over by the
pubes could stipulate (stipulari), but not promise  doctrine of pro herede gestio: the tutor might per(promitte'e); in other words, as Gaius (iii. 107) mit the pupillus to. act as heres, which had the
expresses it, a pupillus could only be bound by the  effect of cretion: and this doctrine would apply
auctoritas of his tutor, but he could bind another even in the case of infantes, for no expression of
without such auctoritas.  [INFANS]               words was necessary in order to the pro herede
But this remark as to pupilli only applies to  gestio.  In the case of the bonorum possessio, the
those who had understanding enough to know what father could apply for it on behalf of his child, and
they were doing (qui jan aliquern intellectumL  ha- the tutor on behalf of his pupillus, without any act




IMPUBES.                                      INAU( URATIO.                6-31
being done by the impubes. By the imperial legis-  deferred.  If the pupillus and the tutor could not
lation, a tutor was allowed to acquire the hereditas  agree, it might be necessary that there should be a
for his pupillus, and a father for his son, who was judicial decision.  In such case the Proculiani
in his power; and thus the doctrine of the pro  maintained as a theoretical question, that the age
herede gestio was rendered unnecessary.          of fourteen should be taken as absolutely deterA  pupillus could not part with a possession  mining the question, fourteen being the age after
without the auctoritas of a tutor, for though pos- the attainment of which the praetexta had been
session of itself was no legal right, legal advantages  generally laid aside.  The Sabiniani maintained
were attached to it. As to the acquisition of pos- that as the time of puberty had never been absosession, possession in itself being a bare fact, and  lutely fixed, but had depended on free choice, some
the fundamental condition of it being the animus  other mode of deciding the question must be
possidendi, consequently the pupillus could only  adopted, where free choice wYhs out of the question,
acquire possession by himself, and when he had  and therefore they adopted that of the physical decapacity to understand the nature of the act.  But velopment (habitus coTporis).  But though there
with the auctoritas of his tutor he could acquire  are allusions to this matter (Quinct. Inst. Or. iv. 2),
possession even when he was an infans, and thus  there is no evidence to show that inspection of
the acquisition of possession by a pupillus was faci- the person was ever actually resorted to in order
litated, utilitatis causa. There was no formal diffi. to determine the age of puberty.  It appears that
culty in such possession any more than in the case  the completion of fourteen years was established as
of pro herede gestio, for in neither instance was it the commencement of pubertas. The real foundation
necessary for words to be used.  Subsequently the  of the rule as to the fourteen and the twelve years
legal doctrine was established that a tutor could  appears to be, that in the two sexes respectively,
acquire possession for his pupillus. (Dig. 41. tit. 2. puberty was, as a general rule in Italy, attained
s. 1. ~ 20.)                                     about these ages. In the case df females, the time
With the attainment of pubertas, a person ob- had been fixed absolutely at twelve by immemotained the full power of his property, and the  rial custom, and had no reference to any practice
tutela ceased: he could also dispose of his property  similar to that among males of adopting the toga
by will; and he could contract marriage. Accord- virilis, for women wore the toga praetexta till they
ing to the legislation of Justinian (Inst. i. tit. 22), were married.  And further, though the pupillaris
pubertas, in the case of a male, was attained with  tutela ended with females with the twelfth year,
the completion of the fourteenth, and, in a female, they were from that time subject to another kind
with the completion of the twelfth year.  In the  of tutela.
case of a female, it seems that there never had    A male had a capacity to make a will upon
been any doubt as to the period of the twelve  completing his fourteenth, and a female upon comyears, but a dispute arose among the jurists as to  pleting her twelfth year (Gaius, ii. 113; Paulus,
the period of fourteen years. The Sabiniani main- S. R. iii. tit. 4. a.); and the same ages, as already
tained that the age of pubertas was to be deter- observed, determined the capacity, in the two sexes,
mined by physical capacity (labib  cor posis), to  for contracting a legal marriage.  The dispute be.
ascertain which a personal examination might be  tween the two schools as to the time when the
necessary; the Proculiani fixed the age of fourteen  male attained the age of puberty, appears to have bad
complete, as that which absolutely determined the  reference to the termination of the tutela, and his
attainment of puberty. (Gains, i. 196; Ulp. Frog. general capacity to do legal acts; for the test of
xi. 28.)  It appears, therefore, that under the  the personal examination could hardly, from the
earlier emperors there was some doubt as to the  nature of the case, apply to the capacity to make
time when pubertas was attained, though there  a will or contract a marriage, as Savigny shows.
was no doubt that with the attainment of puberty,    Spadones (males who could never attain physiwhatever that time might be, full legal capacity  cal pubertas) might make a testament after attainwas acquired.                                    ing the age of eighteen. (Savigny, System des heut.
Until a Roman youth assumed the toga virilis, Rom. Rechts, vol. iii. p. 55, &c.)    [G, L.]
he wore the toga praetexta, the broad purple hem   INAUGURA'TIO was in general the ceremony
of which (praetexta) at once distinguished him  by which the augurs obtained, or endeavoured to
from other persons.  The toga virilis was assumed  obtain, the sanction  of the gods to something
at the Liberalia in the month of March, and though  which had been decreed by man; in particular,
no age appears to have been positively fixed for however, it was the ceremony by which things
the ceremony, it probably took place as a general or persons were consecrated to the gods, whence
rule on the feast which next followed the comple- the terms dedieatio and consecratio were sometimes
tion of the fourteenth year; though it, is certain  used as synonymous with inauguratio. (Liv. i. 44,
that the completion of the fourteenth year was not 55; Flor. i. 7, 8; Plin. Ep. ix. 39, x. 58, 59, 76;
always the time observed.  Still, so long as a male  Cic. in Catil. iv. 1.)  The ceremony of inauguratio
wore the praetexta, he was Impubes, and when he  was as follows: — After it had been decreed that
assumed the toga virilis, he was Pubes. Accord- something should be set apart for the service of the
ing]y, Vesticeps (Festus, s. v.) was the same as gods, or that a certain person should be appointed
Pubes, and Investis or praetextatus the same as priest, a prayer was addressed to the gods by the
Isrpubes. (Gell. v. 19. Testiceps.) After the assump- augurs or other priests, soliciting them to declare
tion of the toga virilis, the son who was in the  by signs whether the decree of men was agreeable
power of his father had a capacity to contract debts; to the will of the gods. (Liv. i. 18.) If the signs
and a pupillus was released from the tutela.  But observed by the inaugurating priest were thought
if neither the pupillus wished to get rid of his tutor, favourable, the decree of men had the sanction of
nor the tutor to be released from the responsibility  the gods, and the inauguratio was completed. The
of his office (for which he received no emolument), inauguratio was, in early times, always performed
the period of assuming the toga virilis might be  by the augurs; but subsequently we find that the
ss 4




632               INAUR.IS..                                   INCENDIUM.
inauguratio, especially that of the rex sacrificulus             2'        3
and of the flamines, was sometimes perfornled by
the college of pontiffs in the comitia calata. (Gell.
xv. 27.)  But all other priests, as wvell as new
members of the college of augurs, continued to be                     f
inaugurated by the augurs, or sometimes by the
augurs in conjunction with some of the pontiffs                               /       ]
(Liv. xxvii. 8, xl. 42); the chief pontiff had the
right to enforce the inauguratio, if it was- refused  
by the augurs, and if he considered that there was
no sufficient ground for refusing it.  Sometimes
one augur alone performed the rite of inauguratio,
as in the case of Numa Pompilius (Liv. i. 18;
compare Cic. Brut. 1; Macrob. Soat. ii. 9); and it
awould seem that in some cases a newly appointed                     6
priest might himself not only fix upon the day, but
also upon the particular augur by whom he desired
to be inaugurated. (Cic. 1. c.; and Philip. ii. 43.)
During the kingly period of Rome the inauguration of persons was not confined to actual priests;         7                   8
but the kings, after their election by the populus,
were inaugurated by the augurs, and thus became.
the high-priests of their people.  After the civil
and military power of the kings had been conferred
upon the consuls, and the office of high-priest was  Sen. de Ben. vii. 9;Ovid. Met. x. 265; Claud. de
given to a distinct person, the rex sacrorum, he  VI. Cons. Honor. 528; Sen. Hippol. ii. 1. 33), and
was, as stated above, inaugurated by the pontiffs  precious stones (Nos. 3, 5, 6). The pearls were
in the comitia calata, in which the chief pontiff valued for being exactly spherical (Hor. Epod. viii.
presided. But the high republican magistrates,  1 3), as well as for their great size and delicate
nevertheless, likewise continued to be inaugurated  whiteness; but those of an elongated form, called
(Dionys. ii. 6), and for this ptupose they were  elenchii, were also much esteemed, being adapted to
summoned by the augurs (condictio, denunciatio)  terminate the drop, and being sometimes placed
to appear on the capitol on the third day after their  two or three together for this purpose. (Plin. H. N.
election.  (Serv. ad Virg. Aen. iii. 117.)  This  ix. 56; Jay. vi. 364.) In the Iliad (xiv. 182, 183),
inauguratio conferred no priestly dignity upon the  Hera, adorning herself in the most captivating
magistrates, but was merely a method of obtaining  maimnner, puts on ear-rings made with three drops
the sanction of the gods to their election, and gave  resembling mulberries. (See Eustath. ad loc.) Pliny
them the right to take the auspicia; and on im- observes (xi. 50) that greater expense was lavished
portant emergencies it vas their duty to make use of on no part of the dress than on the ear-rings.
this privilege. At the time of Cicero, however, this  According to Seneca (1. c.) the ear-ring, No. 3, in
duty was scarcely ever observed.  (Cic. de Divin.  the preceding woodcut, in which a couple of pearls
ii. 36.)  As nothing of any importance was ever are strung both above and below the precious stone,
introduced or instituted at Rome without consult-  was worth a patrimony. (See also De Vita Beata,
ing the pleasure of the gods by augury, we read of 17.)  All the ear-rings above engraved belong to
the inauguratio of the tribes,'c.    [L. S.]   the Hamilton collection in the British Museum.
INAURIS, an ear-ring; called in Greek e'vc-    In opulent families the care of the ear-rings was
Triov, because it was worn in the ear (obs), and  the business of a female slave, who was called
EhAdtLov. because it was inserted into the lobe of Auriculeae Ort.alrix (Gruter, Inscrip.). The Venus
the ear (;Xo6s), which was bored for the purpose. de' Medici, and other female statues, have the ears
(Hom. II. xiv. 182, Hymn. iiE in Ven. 9; Plin. pierced, and probably once had ear-rings in them.
Ir. N. xii. 1.)                                  The statue of Achilles at Sigeum, representing him
Ear-rings were worn by both sexes in oriental in female attire, likewise had this ornament. (Serv.
countries (Plin. H. N. xi. 50); especially by the  in Virg. Aen. i. 30; Tertull. de Pall. 4.)  [J. Y.]
Lydians (Xen. Anab. iii. 1. ~ 31), the Persians    INCE'NDIUM, the crime of setting any object
(Diod. Sic. v. 45), the Babylonians (Juv. i. 104), on fire, by which the property of a man is endanand also by the Libyans (Macrob. Sat. vii. 3), and  gered.  It was thus a more general term  than
the Carthaginians (Plaut. Poen. v. 2. 21). Among  the modern Arson, which is limited to the act of
the Greeks and Romans they were worn only by  wilfully and maliciously burning the property of
females.                                         another.  The crime of incendium was the subject
This ornament consisted of the ring (pt'KOS, of one of the laws of the Twelve Tables, which inDiod. Sic. 1. c.) and of the drops (stalaqmia, Festus, flicted a severe punishment on the person who set
s. v.; Plaut. Men. iii. 3. 18.) The ring was gene- fire to property maliciously (sciens, prudens); but if
rally of gold, although the common people also  it was done by accident (casz, id est, negligentia), the
wore ear-rings of bronze.  See Nos. 1, 4, from the  law obliged the offender to repair the injury he
Egyptian collection in the British Museum. Instead  had committed. (Dig. 47. tit. 9. s. 9.)  The punof a ring a hook was often used, as shown in Nos. ishment, however, of burning alive, which is men6, 8.' The women of Italy still continue the  tioned in the passage of the Digest referred to, is
same practice, passing the hook through the lobe  supposed by modern commentators not to have been
of the ear without any other fastening. The drops contained in the Twelve Tables, but to have been
were sometimes of gold, very finely wrought (see  transferred from the imperial period to earlier times.
Nos. 2, 7, 8), and sometimes of pearls (Plin. 1l.cc.; In the second Punic war a great fire broke out at




INCESTUM.                                           INCITEGA.                  633
Rome, which  was evidently occasioned leumzan1  is the sexual connection of a male and a female,
/faude.  The offenders were discovered and pun-  whether under the form  of marriage ornot, if such
ished (animadvzessunl est), but Livy unfortunately  persons cannot marry by reason of consanguinity.
does not state (xxvi. 27) in what manner.  The    There was no connubium  between persons recrime of incendium  was the subject of various lated by blood in the direct line, as parents and
enactments in the last century of the republic. children.  If such persons contracted a marriage it
Sulla, in his Ler Cornelia de Sicariis, punished ma- was Nefariae et Incestae nuptiae.  There was no
licious (dolo malo) incendio!m, but only in the city, connubium between persons who stood in the relaor within a thousand paces of it, with aquae et ignis  tion of parent and child by adoption, not even
interdictio, since it was frequently employed as a after the adopted child was emancipated. There
means for the perpetration of murder, which was  were also restrictions as to connubiuml between
especially the subject of this law. (Dig. 48. tit. 8. collateral kinsfolk (ex t'ansver-soggradu cogatioeiis):
s. 1.)  Cn. Pompeius, in B.c. 52, made incendium  therc was no connhtbium  between brothers and
a crime of Vis by his Lex Pom7peta dae Vi, in conse- sisters, either of the whole or of the half blocd;
quence of the burning of the Curia and the Porcia  nor between children of the blood and children by
Basilica on the burial of Clodius * and Julius Cmsar adoption, so long as the adoption continued, or so
also included it in his Lex Julia de Vi, which en- long as the children of the blood remained in the
acted that any act of incendium  committed by  power of their father.  There was connubiurm belarge numbers of men, even if the object of their tween an uncle  and his brother's daughter, after
assembling together was not incendium, should be  the emperor Claudius had set the example by
treated as Vis, and punished with aquae et ignis  marrying Agrippina; but there was none between
interdictio. (Cic. Pthil. i. 9; comp. Parad. 4.) The  an uncle and a sister's daughter.  There was no
more recent Lex Julia de Vi seems to have been  connubium between a man and his amita or materless severe, but it is uncertain what punishment it tera [CoaNATI]; nor between a man and his
ordained. (Paull. v. 26. ~ 3.)  Besides the two  socrus, nurus, privigna or noverca.  In all such
criminal prosecutions given by the Lex Cornelia  cases when there was no connubium, the children
and Lex Julia, a person could also bring actions to  had a mother, but no legal father.
recover compensation for the injury done to his   Incest between persons in the direct line was
property:  1. By the actio legis Aquilliae, in case punishable in both parties; in other cases only in
of accidental inlcendium. (Dig. 9. tit. 2. s. 27 ~ 5.) the man.  The punishment was Relegatio, as -in
2. In the case of a person who had committed  the case of adultery.  Concubinage between near
robbery  or done  injury during an  incendium, kinsfolk was put on the same footing as marriage.
there was a praetorian action de incendio, which  (Dig. 23. tit. 2. s. 56.)  In the case of adulteriuml
compelled him to restore fourfold the amount. (Dig. and stuprum between persons who had no connu47. tit. 9. ss. 1, 5.)  In the imperial period various biunm, there was a double offence: the man was
distinctions were made in the crime.  First, a dis- punished with deportatio, and the woman was subtinction was made according to the greater or smaller ject to the penalties of the Lex Julia.  (Dig. 48.
danger of the incendium to the contiguous objects: tit. 18. s. 5.)  Among slaves there was no incesthus incendiuim in the city was punished with less tum, but after they became fiee their marriages
severity than incendioum in the country. Secondly, were regulated according to the analogy of the
a distinction was made according as the act had  connubium among free persons.  It was incestunl
been performed doleo, ceulla, or casu.  If the incen- to have knowledge of a vestal virgin, and both
dium was not malicious, but still might have been  parties were punished with death.
avoided by ordinary care, a person had to make    That which was stuprum, was considered incescompensation; but if the incendium was purely ac- tumrn when the connection was between parties who
cidental, no compensation was necessary.   The  had no  connubium.   Incestum, therefore, was
cognitio was ea-raordinaria and belonged to the  stuprum, aggravated by the circumstance of real or
Praefectus urbi, who could inflict whatever pun- legal consanguinity, and, in some cases, affinity.
ishment he pleased, for it appears that there was  It was not the form of marriage between such perno punishment fixed by law. We accordingly find  sons that constituted the incestum; for the nuptiae
mention of execution by the sword, burning alive, were incestae, and therefore no marriage, and the
condemnation to the mines and to public works, incestuous act was the sexual connection of the
deportatio, relegation flogging, &c., as punishments parties. Sometimes incestunm is said to be contra
inflicted on account of incendium. (Dig. 48. tit. 19, fas, that is, an act in violation of religion.  The
s. 28. ~ 12; 9. tit. 2. s. 30. ~ 3.; 47. tit. 9. ~ 1; rules as to Incestum  were founded partly on the
Paull. v. 20. ~ 1. v. 3. ~ 6; Coll. Leg. tit. 12.)  Jus Gentium and partly on the Jus Civile; but
The preceding account is taken from Rein, Das  the distinction did not exist in the early periods,
O-riminalrecht der Rineer, pp. 765-774, where all and the rules as to Incestum  were only such as
the authorities are given.                         were recognized by the Jus Gentium.  Though
INCENSUS. [CAPUT; CENsus, p. 263, a.]  the rules as to Incestum  were afterwards more
INCESTUM   or INCESTUS.  Incestumn is exactly determined by the Jus Civile, there does
non casturn, and signifies generally all immoral not seem  to have been any complete lex on the
and irreligious acts. In a narrower sense it denotes matter.  The Lex Julia de adulteriis only treated
the unchastity of a Vestal, and sexual intercourse  Incestum  incidentally, or so far as it was also
of persons within certain degrees of consanguinity. adultery: but the jurists connected all the imIf a man married a woman whom  it was for- perial legislation on this matter and their own interbidden for him  to marry by positive morality  pretation with the Lex Julia.  (Rein, Das Crimni(moribus), he was said to commit incestum. (Dig. nal'ecldt doer Rl1er,; p. 869, &c.)      [G. L.]
23. tit. 2. s. 39.)  Such a marriage was in fact no    IN CI T E'G A,  a corruption of the Greek
marriage, for the necessary connubium  between  &7-yyoOXKeX  or iyvyuOecv,  a term used to denote a
the parties was wanting.  Accordingly, incestunl piece of domestic furniture, variously formed ac



634            INCUINABULA.                                         IN FAMIA.
cording to the particular occasion intended; mnade  AjItt. V. 1. 1.52, Traue. v. 13).  The preceding
of silver, bronze, clay, stone, or wood, according to  woodcut, taken from a beautiful bas-relief at Rome,
the circumstances of the  possessor; sometimes  which is supposed to refer to the birth of Telephus,
adorned with  figures; and  employed to hold  shows the appearance of a child so clothed, and
amphorae, bottles, alabastra, or any other vessels  renders in some degree more intelligible the fable
which were round or pointed at the bottom, and  of the deception practised by Rhea upon Saturn in
therefore required a separate contrivance to keep  saving the life of Jupiter by presenting a stone,
them erect. (Festus, s.v. Incitega; Bekker, Anecdl. enveloped in swaddling-clothes, to be devoured by
245; Wilkinson, 3M4an. and Custoams, vol. ii. pp.158, Saturn instead of his new-born child. (lies. Tl]eog.
160, 216, 217.) Some of those used at Alexandria  485.)  It was one of the peculiarities of the Lacewere triangular.  (Athen. v. 45.)  We often see  daemonian education to dispense with the use of
thems represented in ancient Egyptian paintings. incunabula, and to allow children to enjoy the free
The annexed woodcut shows three Ay-yo04lcal, ulse of their limbs.  (Plut. Lycurg. p. 90, ed.
which are preserved in the British Museum. Those  Steph.)                              [J. Y.]
on the right and left hand are of wood, the one    INCUS (arcpcev), an anvil.  The representahaving four feet, the other six; they were found  tions of Vulcan and the Cyclopes on various works
in Egyptian tombs.  The third is a broad earth-  of art, show that the ancient anvil was formed like
enware ring, which is used to support a Grecian  that of modern times.  When the smith wanted to
amphora.                              [J. Y.]    make use of it, he placed it on a large block of
wood (a'cKd0efroV, Hom. II. xviii. 410, 476, Od.
viii. 274; positis inzcidibus, Virg. Aen. vii. 629;' A ro w  a~x~ix,4        viii. 451); and when he made the link of a chain,
_'08~l  ~i ~':~,  %~t7zj l!or any other object which was round or hollow, he
gg~jI   ~          l              j       liS Ail Ad fi ~ ~\ ~    -': l~ beat it upon a point projecting from one side of
f 4 i 1f/blthe anvil.  The annexed woodcut, representing
i lull 1 I: \Vulcan forging a thunderbolt for Jupiter, illustrates these circumstances; it is taken from a gem
in the Royal Cabinet at Paris.  It appears that in
I'NCOLA.  [DomsiciLius.]
INCORPORA'LES RES.  [DOmI.NIUM.] 
INCUNA'BULA or CUNA'BULA  (n7rdpya-                           
vov), swaddling-clothes.
The first thing done after the birth of a child
was to wash it; the second to wrap it in swaddling clothes, and the rank of the child was indicated by the splendour and costliness of this, its
first attire.  Sometimes a fine white shawl, tied
with a gold band, was used for the purpose (Hom.
Jlymnz. inApoll. 121, 122); at other times a small
purple scarf, fastened with a brooch. (Pind. Pyth. the "brazen age," not only the things made upon
iv. 114; XXavp8iov, Longus, i. 1. p. 14, 28, ed. the anvil, but the anvil itself, with the hammer
Boden.) The poor used broad fillets of common cloth  and the tongs, were made of bronze.  (Hom. Od.
(panni, Luke, ii. 7, 12; Ezek. xvi. 4. Vulg.; com- iii. 433, 434; Apollon. Rhod. iv. 761, 762.)
pare Hom. fHymsn. in fIerc. 151, 306; Apollod.  [MALLEUS.]                              [J. Y.]
Bibl. iii. 10. ~ 2; Aelian, V. It. ii. 7; Eurip. Ion,    INDEX.  [LIBER.]
32; Dion Chrysost. vi. p. 203, ed. Reiske; Plaut.    INDIGITAMENTA.  [PONTIFEX.]
INDU'SIUM. [TUNICA.].  I'NDUTUS.  [AMICTUS; TUNICA.]
INFA'MTA.  The provisions as to Infamia, as
/~/~_"~  ~        1        t1}they appear in the legislation of Justinian, are contained in Dig. 3. tit. 2. De his qui notantur Infamia, and in Cod. 2. tit. 12. Ex quibus causis Infamia irrogatur.  The Digest contains (s. 1) the
sY.,-, N        l;Bl G I'cases of Infamia as enumerated in the Praetor's
Edict.  There are also various provisions on the
subject in the Lex Julia Municipalis (B. C. 45),
commonly called the Table of Heraclea.
Infamia was a consequence of condemnation in
any Judicium Publicum, of ignominious (iqnominiae
causa) expulsion from  the army (Tab. JIeracl. 1.
121), of a woman being detected  in adultery,
though she might not have been condemned in a
Judicium Publicum, &c.; of condemnatio for Fur



INFAMIA.                                         INFAMIA.                  635.
turn, Rapina, Injuriae, and Dolls Malus, provided  been an old Roman institution.  In many cases,
the offender was condemned in his own name, or though not in all, it was a consequence of a judiprovided in his own name he paid a sum of money  cial decision. The power of the Censors was in its
by way of compensation; of condemnation in an ac-  effects analogous to the Infamia, but different from
tion Pro Socio, Tutelae, Mandatum, Depositum or it in many respects.  The Censors could at their
Fiducia (compare the Edict with Cic. pro Rose. pleasure remove a man from  the Senate or the
Cont. 6, pro Rose. Amer. 38, 39, pro Caecina, Equites, remove him into a lower tribe, or remove
2, Top. c. 10; Tab. Heracl. 1. 1] 1), provided  him out of all the tribes, and so deprive him of his
the offender was condemned in his own name. suffragium, by reducing him to the condition of an
Infamia only followed for a condemnatio in a  aerarius.  (Cic. pro Clzent. 43, 45.)  They could
directa actio, not if a man was condemned con- also affix a mark of ignominy or censure opposite
trario judicio, unless the person condemned was to a man's name in the list of citizens, nota censoria
guilty of some special dishonesty. Infamia was also  or subscriptio (Cic. pro Cluent. 42, 43, 44, 46,
a consequence of insolvency, when a man's bona  47); and in doing this, they were not bound to
were  Possessa, Proscripta, Vendita (Cic. pro  make any special inquiry, but might follow general
Quint. 15; Tab. Heracl. 1. 113-117; Gaius, ii. opinion.  This arbitrary mode of proceeding was
154); of a widow marrying within the time ap- however partly remedied by the fact that such a
pointed for molrning, but the Infamia attached to  censorian nota might be opposed by a colleague, or
the second husband, if he was a paterfamilias, and  removed by the following censors, or by a judicial
if he was not, then to his father, and to the father decision, or by a lex. Accordingly the censorian
of the widow if she was in his power; the Edict nota was not perpetual, and therein it differed
does not speakl of the Infamia of the widow, but it essentially from Infimia, which was perpetual.
was subsequently extended to her.  Infamia was    The consequences of Infamia were the loss of
a consequence of a man being at the same time in  certain political rights, but not all.  It was not a
the relation of a double marriage or double sponsa- capitis deminutio, but it resembled it.  The Inlia; the Infamia attached to the man if he was a  famis became an Aerarius, and lost the suffragium
paterfamilias, and if he was not, to his father; the  and honores; that is, he lost the capacity for cer —
Edict here also speaks only of the man, but the  tain so-called public rights, but not the capacity for
Infamia was subsequently extended to the womnan. private rights. Under the empire, the Infamia lost
Infamia was a consequence of prostitution in the  its effect as to public rights, for such rights became
case of a woman, of similar conduct in a man (qui unimportant.
muliebria passus est), of Lenocinium  or gaining a    It might be doubted whether the loss of the
living by aiding in prostitution (Tab. Heracl. 1. suffragium u-as a consequence of Infamia, but the
123); of appearing on a public stage as an actor, affirmative side is maintained by Savigny with
of engaging for money to appear in the fights of the  such reasons as may be pronounced completely con.
wild beasts, even if a man did not appear, and of elusive. It appears from Livy (vii. 2) and Valerius
appearing there, though not for money.           Maximus (ii. 4. ~ 4), that the Actores Atellanarum
It results from this enumeration that Infamia  were not either removed from their tribe (nec tribu
was only the consequence of an act committed by  moventur), nor incapable of serving in the army: in
the person who became Infamis, and was not the  other words such actors did not become Infames,
consequence of any punishment for such act.  In  like other actors.  The phrase " tribu moveri " is
some cases it only followed upon condemnation; in  ambiguous, and may mean either to remove from
others it was a direct consequence of an act, as soon  one tribe to a lower, or to move from all the tribes,
as such act was notorious.                       and so make a man an aerarius.  Now the mere reIt has sometimes been supposed that the Prae- moving from one tribe to another must have been
tor established the Infamia as a rule of law, which  an act of the Censors only, for it was necessary to
however was not the case. The Praetor made cer- fix the tribe into which the removal was made:
tain rules as to Postulatio (Dig. 3. tit. 1. s. 1), for but this could not be the case in a matter of Inthe purpose of maintaining the purity of his court. famia, which was the effect of a general rule, and
WVith respect to the Postulatio, he distributed per- a general rule could only operate in a general way;.
sons into three classes.  The second class compre- that is, " tribu moveri," as a consequence of Inhended, among others, certain persons who were  famia, must have been a removal from  all the
tuflpitudine notabiles, who might postulate for them- tribes, and a degradation to the state of an Aeraselves but not for others. The third class contained, rins.  (Compare Liv. xlv. 15.)
among others, all those "qui Edicto Praetoris ut    The Lex Julia 1Municipalis does not contain the
infames notantur," and were not already enume- word Infamia, but it mentions nearly the same
rated in the second class.  Accordingly it was cases as those which the Edict mentions as cases
necessary for the Praetor to enumerate all the In-  of Infamia.  The Lex excludes persons who fall
fames who were not included in the second class, within its terms, from being Senatores, Decuriones,
and this he did in the Edict as quoted. (Dig. 3. Conscripti of their city, fiom giving their vote in
tit. 2. s. 1.) Consistently with this, Infamia was al- the senate of their city, and from magistracies
ready an established legal condition; and the Prae-  which gave a man access to the senate: but it says
tor in his edicts on Postulation did not make a  nothing of the right of voting being taken away.
class of persons called Infames, but he enumerated  Savigny observes that there would be no inconas persons to be excluded from certain rights of sistency in supposing that the lex refused only
Postulation, those who were Infames.  Conse- the Honores in the municipal towns, while it still
quently the legal notion of Infamia was fixed before  allowed Infames to retain the suffragium in such
these edicts.                                 -  towns, though the practice was different in Rome,
It is necessary to distinguish Infamia from the  if we consider that the suffragium in the Roman
Nota Censoria.  The Infamia does not seem  to  Comitia was a high privilege, while in the munici.
hlave been created by written law, but to have  pal towns it was comparatively unimportant.




636'       TNFANS, INFANTIA.                                   INFANLS, INFANTTIA.
Cicero (pro Rose. COm. 6) speaks of the judicia  brevity's sake, called millores only [CURATOR]:
Fiduciae, Tutelae, and Societatis as " summae  and the persons included in the third and fourth
existimationis et pene capitis." In another oration  class were Puberes. 4. The fourth period was from
(pro Quiat. 8, 9, 13, 15, 22) he speaks of the ex  the age of twenty-five, during which persons were
edicto possessio bonorum as a capitis causa, and in  Majores.
fact as identical with Infamia (c. 1.5, cujus bona    The term Impubes comprehends Tnfans, as all
ex edicto possidentur. hujus omnis fama et exis- Infantes are Impuberes; but all Impuberes are not
timatio cum bonis simul possidetur).  This capitis  Infantes.  Thus the Impuberes were divided into
minutio, however, as already observed, affected  two classes; Infantes or those under seven years of
only the public rights of a citizen; whereas the  age, and those above seven, who are generally uncapitis deminuto of the imperial period and the  derstood by the term  Impuberes.  Pupillus is a
expression capitalis causa, apply to the complete  general name for all Impuberes not in the power of
loss of citizenship.  This change manifestly arose  a father.  (Dig..50. tit. 16. s. 239.)
from  the circumstance of the public rights of the    The commencement of Pubertas was the corncitizens under the empire  having become alto- mencement of full capacity to do legal acts.  B:egether unimportant, and thus the phrase capitis fore the commencement of Pubertas, a person,
deminutio, under the empire, applies solely to the  according to the old civil law, could do no legal
individual's capacity for private rights.          act without the auctoritas of a tutor.  This rule
In his private rights the Infamis was under was made for those Impuberes who had property
some incapacities.  lie could only postulate before  of their own; for it could have no application to
the Praetor on his own behalf, and on behalf of Impuberes who were in the power of a father.
certain persons who were very nearly related to  Now the age of pubertas was fixed as above menhim, but not generally on behalf of all'persons. tioned, on the supposition that persons were then
Consequently he could not generally be a Cognitor  competent to understand the nature of their acts,
or a Procurator.  Nor could a cause of action be  and the age of twelve or fourteen was only fixed
assigned to him, for by the old law he must sue as  because it was necessary to fix some limit which
the cognitor or procurator of the assignor (Gaius, might apply to all cases; but it was obvious that in
ii. 39); but this incapacity became unimportant many cases when a person bordered on the age of
when the Cessio was effected by the utiles actiones  Puberty (pubertati proximnus), and had not yet
without the intervention of a Cognitor or Procu- attained it, he might have sufficient understanding
ratcr.  The Infamis could not sustain a Popularis  to do many legal acts.  Accordingly, a person wvho
Actio, for in such case he must be considered as a  was proximus pubertati was in course of time conprocurator of the state.   The Infamis was also  sidered competent to do certain legal acts without
limitred as to his capacity for marriage, an incapa- the auctoritas of a tutor; but to secure him against
zity which originated in the Lex Julia. (Ulp. Fraq. fraud or mistake, he could only do such acts as
xiii.)  This lex prohibited senators, and the chil- were for his own advantage.  This relaxation of
dren of senators, from contracting marriage with  the old law was beneficial both to the Impubes
Libertini and Libertinae, and also with other dis- and to others, but owing to its being confined to
reputable persons enumerated in the lex: it also  such narrow limits of time, it was of little practical
forbade all freemen from marrying with certain  use, and accordingly it was extended as a positive
disreputable women. The Jurists made the fol- rule to a longer period below the age of pubert\3 
lowing change:-they made the two classes of but still with the same limitation: the Impub;
disreputable persons the same, which were not could do no act to his prejudice without the
the same before, and they extended the prohibition, auctoritas of a tutor.  It was, however, necessary
both for senators and others, to all those whom the  to fix a limit here also, and accordingly it was
Edict enunmerated as Infames.  The provisions of determined that such limited capacity to do legal
the Lex Julia did not render the marriage null, but acts should commence with the termination of
it deprived the parties to such marriage of the privi- infantia, which, legally defined, is that period after
leges conferred by the lex; that is, such a marriage  which a person, either alone or with a tutor, is
did not release them from the penalties of celibacy. capable of doing legal acts.
A senatus-consultum, under Mi. Aurelius, however,    Infans properly means Qui fari non potest; and
made such marriage null in certain cases. (Savigny,  he of whom  could be predicated, Fari  potest,
Systelm, &c., vol. ii.)                [G. L.]    was not Infans, and was capable of doing certain
INFA'MIS.  [INrFAAIA.]                          legal acts.  The phrase Qui fari potest is itself
INFANS, INFA'NTIA.  In the Roman law  ambiguous; but the Romans, in a legal sense, did
there were several distinctions of age which were  not limit it to the mere capacity of uttering words,
made with reference to the capacity for doing legal which a child of two or three years generally posacts: -  1. The first period was from birth to the  sesses, but they understood by it a certain degree
end of the seventh year, during which time per- of intellectual developement; and, accordingly, the
sons were called Infantes, or Qui fari non possunt. expression Qui fari potest expressed not only that
2. The second period was from the end of seven  degree of intellectual development which is shown
years to the end of fourteen or twelve years, ac- by the use of intelligible  speech,'but also a
cording as the person was a male or a female, capacity for legal acts in which speech was reduring which persons were defined as those Qui quired.  Thus the period of infantia'was extended
fari possunt.  The persons included in these first beyond that which the strict etymological meaning
two classes were Impuberes.  3. The third period  of the word signifies, and its termination was fixed
was from the end of- the twelfth or fourteenth to  by a positive rule at the end of the seventh year,
tihe end of the twenty-fifth year, during which  as appears by numerous passages. (Dig.. 26. tit. 7.
period persons were Adolescentes, Adulti.  The  s. 1; 23. tit. 1. s. 14; Cod. 6. tit. 30. s. 18;
persons included  in  these  three  classes were  Quintilian, lIst. Or. i. 1; Isidorus, O0ig. xi. 2.)
minores xxv annis or annortim, and were often, for    The expressions proximus pubertati, and proxi;




INFULA.                                            INJURIA.:637
mus infantiae or infanti (Gaius, iii. 109), are used  Livy (x. 8).  If Cincius meant his proposition to
by the Roman jurists to signify respectively one  be as comprehensive as the terms will allow us to
who is near attaining Pubertas, and one who has  take it, the proposition is this:-All (now) ingenui
just passed the limit of Infantia.  (Savigny, Systelnm  comprehend all (then) patricii; which is untrue.
des JLeut. R. R. vol. iii.)  [IMPUBEs.]    [G. L.]    Under the empire, Ingenuitas, or the Jura In.
INFE'RIAE.  [FuNus, p. 562, b. ]                 genuitatis, might be acquired by the imperial
I'NFULA, a flock of white and red wool, which  ftvour'; that is, a person, not ingenuus by birth,
was slightly twisted, drawn into the form  of a  was made so by the sovereign power. A freedman
wreath or fillet, and used by the Romans for orna-  who had obtained the Jus Annulorum Aureorum,
ment on festive and solemn occasions.  In sacri-  was considered ingenuus; but this did not interficing it was tied with a white band [VITTA] to  feore with the patronal rights.  (Dig. 40. tit. 10. s.
the head  of the victim  (Virg. Geoyq. iii. 487; 5 and 6.)  By the natalibus restitutio the princeps
Lucret. i. 88; Sueton. CablS. 27), and also of the  gave to a libertinus the character of ingenuus; a
priest, more especially in the worship of Apollo  form of proceeding which involved the theory of
and Diana.  (Virg. Aen. ii. 430, x. 538; Servius, the original freedom of all mankind, for the liberin loc.; Isid. Oriig. xix. 30; Festus, s. v. Ifillae.)  tinus was restored, not to the state in which he
The " torta infula " was worn also by the Vestal had been born, but to his supposed original state of
Virgins. (Prud. c. Sy/m. ii. 1085, 1094.)  Its use  freedom.  In this case the patron lost his patronal
seems analogous to that of the lock of wool worn  rights by a necessary consequence, if the fiction
by the flamines and salii [APEX].  At Roman  were to have its full effect. (Dig. 40. tit. 11.)  It
marriages the bride, who carried wool upon a dis- seems that questions as to a man's ingenuitas were
taff in the procession [Fusus], fixed it as an infula  common at Rome; which is not surprising, when
upon the door-case of her future husband on enter- we consider that patronal rights were involved in
ing the house. (Lucan, ii. 355; Plin. H. A. xxix. them.                                    [G. L.]
2; Servius, in Viry. Acn. iv. 458.)    [J. Y.]       INGRA'TUS.  [PATRONTvS.]
INGEtNUI, INGENUITAS.  Freemen (li-    INJURIA.  Injuria, in the general sense, is
beri) were either ingenui or libertini. Ingenui are  opposed to Jus.  In a special sense injuria was
those free men who are born free.  (Gaius, i. ].1.)  done by striking or beating a man either with the
Libertini are those who are manumitted from legal hand or with any thing; by abusive words (cozslavery.  Though  freedmen (libertini) were not viciun); by the proscriptio  bonorum, when the
ingenui, the sons of libertini were ingenni.  A   claimant knew  that the alleged debtor was not
libertinus could not by adoption become ingenuus. really indebted to him, for the bonorum proscriptio
(Gell. v. 19.)  If a female slave (ancilla) was  was accompanied with infamia to the debtor (Cic.
pregnant, and was manumitted before she gave  pro Quint. 6, 15, 16); by libellous writings or
birth to a child, such child was born free, and  verses; by soliciting a mater familias or a praetherefore was ingentuus.  In other cases, also, the  textatus,,[lmPUvEs]; and by various other acts.
law favoured the claim of free birth, and conse- A  man might sustain injuria either in his owll
quently of ingenuitas.  (Paulus, Sent. Rccept. iii. person, or in the person of those who were in his
24, and v. 1. De liberali cause.)  If a man's in- power or in manu.  No injuria could be done to a
genuitas was a matter in dispute, there wias a  slave, but certain acts done to a slave were an injudicium  ingenuitatis.   (Tacit. Anlz. xiii. 27; juria to his master, when the acts were such as
Paulus, S. R. v. 1.)                               appeared from their nature to be insulting to the
The words ingennus and libertinus  are often  master; as, for instance, if a man should flogr
opposed to one another; and the title of freeman  another man's- slave, the master had a remedy
(liber), which would comprehend libertinus, is  against the wrong-doer, which was given him by
sometimes limited by the addition of ingenuus  the praetor's formula.  But in many other cases of
(liber et ingenuus, 11or. Ar. P. 383).  According  a slave being maltreated, there was no regular
to Cincius, in his work on Comitia, quoted by  formula by which the master could have a remedy,
Festus (s. v. Patricios), those who, in his time, and it was not easy to obtain one from the praetor.
were called ingenui, were originally called patricii,    The Twelve Tables had various provisions on
which is interpreted by Goettling to mean that the subject of Injuria.  Libellous songs or verses
Gentiles were originally called Ingenui also: a  were followed by capital punishment, that is,
manifest misunderstanding of the passage.  If this  death, as it appears (Cic. Rep. iv. 10, and the
passage tas any certain meaning, it is this: ori- notes in Mai's edition).  In the case of a limb
ginally the name ingenuus did not exist, but the  being mutilated the punishment was Talio (Festus,
word patricius was sufficient to express a Roman  s. v. Talio).  In the case of a broken bone, the
citizen by birth.  This remark then refers to a  penalty was 300 asses if the injury was done to a
time when there were no Roman citizens except freeman, and 150 if it was done to a slave.  In
patricii; and the definition of ingenuus, if it had  other cases the Tables fixed the penalty at 25 asses.
then been in use, would have been a sufficient de- (Gellius, xvi. 10, xx. 1; Dirksen, Uebersicht, &c.)
finition of a patricius.  But the word iIgenllus was    These penalties which were considered sufficient
introduced, in the sense here stated, at a later time, at the time when they were fixed, were afterwards
and when it was wanted for the purpose of indicat-  considered to be insufficient; and the injured pering a citizen by birth, merely as such.  Thus, in  son was allowed by the praetor to claim  such
the speech of Appius Claudius Crassus (Liv. vi. da.mages as he thought that lie was entitled to, aind
40), he contrasts with persons of patrician descent, the judex might give the full amount or less.  But'" Unus Quiritium  quilibet, duobus ingenuis or-  in the case of a very serious injury (atrox injuria),
tus."   Further, the definition  of Gentilis by  when the praetor required security for the defendScaevola [GzENS, p. 567], shows that a man might ant's appearance to be given in a particular sum,
be ingenunts and yet not geltilis, for he might be  it was usual to claim such suim as the damages in
the son of a freedman; and this is consistent with  the plaintiff's declaration, and though the judec




6:38              INSIGNE.                                         INSIGNE.
was not bound to give damages to that amount, he  golden ring, the augustus clavus [p. 2941, and the
seldom gave less.  An injuria had the character seat provided for them in the theatre and the circus.
of atrox, either from the act itself, or the place  (C.G. Schwartz,Diss. Selectae,pp.84-101.)  The
where it was done, as for instance, a theatre or insignia of the kings of Rome, viz. the trabea, the
forum, or from the condition of the person injured, toga-praetexta, the crowni of gold, the ivory sceptre,
as if he were a magistratus, or if he were a senator the sella curulis, and the twelve lictors with fasces,
and the wrong-doer were a person of low condition. all of which except the crown and sceptre were
A Lex Cornelia specially provided for cases of transferred to subsequent denominations of magis-,1-  tio, verberatio, and forcible entry into a man's strates, were copied from the usages of the Etrushouse (donues).  The jurists who commented on  cans and other nations of early antiquity.  (Flor.
this lex defined the legal mealing of pulsatio, ver- i. 5; Sallust, B. Cut. 51; Virg. Aen. vii. 188, 612,
beratio, and domus.  (Dig. 47. tit. 10. s. 5.)   xi. 334; Lydus, de lu1ag. i. 7, 8, 37.)
The actions for Injuria were gradually much ex-   IL. Badges worn by soldiers.  The centurions
tended, and the praetor would, according to the  in the Roman army were known by the crests of
circumstances of the case (causa cognita), give a their helmets [GALEA], and the common men by
person an action in respect of any act or conduct their shields, each cohort having them painted ins a
of another, which tended, in the judgment of the  manner peculiar to itself. (Veget. ii. 18; compare
praetor, to do him injury in reputation or to wound  Caes. Bell. Gall. vii. 45.)  [CLIPETJS.]  Among
his feelings.  (Dig. 47. tit. 10. s. 15, 22, 23, 24, the Greeks the devices sculptured or painted upon
&c.)  Many cases of Ilnjuria were subject to a shields (see woodcut, p. 298), both for the sake
special punishment (Dig. 47. tit. 11) as deportatio; of ornament and as badges of distinction, emand this proceeding  extra ordinem  was often  ployed the fancy of poets and of artists of every
adopted instead of the civil actien. Various imperial description from  the earliest times.  Thus the
constitutions affixed the punishment of death to  seven heroes who fought against Thebes, all ex.
libellous writings (fiamosi libelli).  [LIBEIL.]    cept Amphiaraus, had on their shields expressive
IIlfamia was a consequence of condemnation in  figures and mottoes, differently described, however,
an actio Injuriarum [INFAnVIIA]. He who brought by different authors.  (Aeschyl. Sept. c. Tleb. 383
such an action per calumniam  was liable to be -646; Eurip. l'hoen. 1125-1156; Apollodor.
punished extra ordinem.  (Gaius, iii. 220-225; Bibl. iii. 6. ~ 1.)  Alcibiades, agreeably to his
Hor. Sat. i. 1. 80; Dig. 47. tit. 10; Cod. Theod. general character, wore a shield richly decorated
ix. tit. 34; Cod. ix. tit. 36; Paulus, Sent. Recep. with ivery and gold, and exhibiting a representav. tit. 4; Rein, Das Crimmefihalrec/it der R6mmer, tion of Cupid brandishing a thunderbolt.  (Athen.
p. 35, &c.)                           [G. L.]   xii. p. 534, e.)  The first use of these emblems onI
INJURIA'RUM  ACTIO.  [INJURIA.]               shields is attributed to the Carians (Herod. i. 171);
INOA ('IYaa), festivals celebrated in several and the fictitious employment of them to deceive
parts of Greece, in honour of the ancient heroine  and mislead an enemy was among the stratagems
mIo.  At Megara she was honoured with an annual of war. (Paus. iv. 28. ~ 3; Virg. Aen. ii. 389-392.)
sacrifice, because the Megarians believed that her    III. Family badges.  Among the indignities
body had been cast by the waves upon their coast, practised by the Emperor Caligula, it is related
and that it had been found and buried there by  that he abolished the ancient insignia of the
Cleso and Tauropolis. (Paus. i. 42. ~ 8.) Another noblest families, viz. the torques, the ciucinni, and
festival of Ino was celebrated at Epidaurus Limera, the cognomen " Magnus."  (Sueton. Canlig. 35.)
in Laconia.  In the neighbourhood of this town    IV. Signs placed on the front of buildings.  A
there was a small but very deep lake, called the  figure of Mercury was the common sign of a
water of Ino, and at the festival of the heroine the  GvMNASIUAI; but Cicero had a statue of Minerva
people threw barley-cakes into the water.  AWhen  to fulfil the same purpose. (Ad Att. i. 4.)  Cities
the cakes sank it was considered a propitious sign, had their emblems as well as separate edifices;
but when they swam on the surface it was an evil and the officer of a city sometimes affixed the
sign.  (Paus. iii. 23. ~ 5.)  An annual festival, emblem to public documents as we do the seal of a
with contests and sacrifices, in honour of Ino, was municipal corporation.  (Antigonus Caryst. 1 5.)
also held on the Corinthian Isthmus, and was said    V. The figure-heads of ships.  The insigne of a
to have been instituted by king Sisyphus. (Tzetzes, ship was an image placed on the prow, and giving
ad Lycopshr.)                         [L. S.]   its name to the vessel. (Tacit. Ann. vi. 34; Caes.
INOFFICIO'SUM'TESTAME'NTUM. B. Civ. ii. 6.)  Paul sailed from Melite to Puteoli
[TESTAMENTUAI.]                                 in the Dioscuri, a vessel which traded between
INQUILI'NUS.  [ExSILIUMa, p. 516, b.]    that city and Alexandria.  (Acts, xxviii. 11.)
INSA'NIA, INSA'NUS.  [CuRATOR.]               Enschedd has drawn out a list of one hundred
INSIGNE (orneiomi, 1E7r10/ma, reia7ytpo', 7rapci- names of ships, which occur either in classical
(rouomo), a badge, an ensign, a mark of distinction. authors or in ancient inscriptions.  (Diss. de Tsst.
Thus the BULLA wornl by a Rouman boy was one et Insignibus Naviums, reprinted  in Ruhnken,
of the insignia of his rank.  (Cic. Verr. ii. 58.) Opusc. pp. 257-305.)  The names were those of
Five classes of insignlia more especially deserve  gods and heroes, together with their attributes,
notice:-                                         such as the helmet of Minerva, painted oni the
I. Those belonging to officers of state or civil prow of the ship which conveyed Ovid to Pontus
functionaries of all descriptions, such as the FASCES  (a picta casside Inomnen hlabet, Tist. i. 9. 2); of
carried before the CONSUL at Rome, the: laticlave  virtues and affections, as Hope, Concord, Victory;
and shoes worn by senators [CALCETJU; CLAVUS], of countries, cities, and rivers, as the Po, the Mlinthe carpentum  and the sword bestowed by the  cius (Virg. Aen. x. 206), the Delia, the Syracuse,
emperor upon the praefect of the praetorinmt. the Alexandria (Athen. v. 43); and of men,
(Lydus, de Mlfa. ii. 3. 9.)  The Roman EQUITESr women, and animals, as the boar's head, which
were distinguisLed by the " equus publicus," the  distinguished the vessels of Samos (Herod. iii. 59;




INSTITORIA  ACTIO.                                 INSTITUTIONES.                639
Choerilus, p. 155, ed. Naeke; Hesych. s. v. >'a-  Horace (Ep. xvii. 20), and with the Magister Navis
ilacKbs rpo7ros: Eust. in Honz. Od. xiii. p. 525), (Carm. iii. 6. 30).  (Gaius, iv. 71; Instit. iv.
the swan, the tiger (Virg. Aen. x. 166), the  tit. 7; Dig. 14. tit. 3.)                [G. L.]
bull (prpoToJi', Tacpou, Schol. in Apoll. Rhlod.    INSTITUTIO'NES.  It was the object of
ii. 168). Plutarch mentions a Lycian vessel with  Justinian to comprise in his Code and Digest or
the sign of the lion on its prow, and that of Pandect, a complete body of law. But these works
the serpent on its poop, manifestly intended to  were not adapted to elementary instruction, and
express the form of the chimaera.  (De hMul. the writings of the ancient jurists were no longer
Vist. p. 441, ed. Steph.)  After an engagement at allowed to have any authority, except so far as
sea, the insigne of a conquered vessel, as well as  they had been incorporated in the Digest.  It was,
its aplustre, was often taken from it and suspended  therefore, necessary to prepare an elementary treain some temple as an offering to the god.  (Plut. tise, for which purpose Justinian appointed a comThemnist. p. 217.) Figure-heads were probably used  mission, consisting of Tribonianus, Theophilus, and
from the first origin of navigation.  On the war- Dorotheus. The commission was instructed to conmgalleys of the Phoenicians, who called them, as  pose an institutional work which should contain the
Ilerodotus says (iii. 37), 7raTaLtoL, i. e. " carved  elements of the law (legurn cunabula), and should
images," they had sometimes a very grotesque  not be encumbered with useless matter (Psooemz.
appearance.                                      Inst.).  Accordingly, they produced a treatise,
Besides the badge which distinguished each  under the title of Institutiones, or Elementa (Dec
individual ship, and which was either an engraved  Jzsis docendi Ratione), which was based on former
and painted wooden image forming part of the  elementary works of the same name and of a simiprow, or a figure often accompanied by a name  lar character, but chiefly on the Commentarii of
and painted on both the bows of the vessel, other Caius or Gaius, his Res Quotidianae, and various
insignia, which could be elevated or lowered at other Commentarii.  The Institutiones were pubpleasure, were requisite in naval engagements. lished with the imperial sanction, at the close of
These were probably flags or standards, fixed to  the year A. a. 5.33, at the same time as the Digest.
the aplustre or to the top of the mast, and serving    The Institutiones consist of four books, which are
to mark all those vessels which belonged to the  divided into titles.  They treat only of Privatunl
same fleet or to the same nation.  Such were " the  Jus; but there is a title on Judicia Publica at the
Attic" and " the Persic signals " (Tb'ATT'KbV  5X-  end of the fourth book. The judicia publica are not!e7oYv, Polyaen. iii. 11. ~ 11, viii. 53. ~ 1; Becker, treated of by Gaius in his Commentaries.  HeinCha-ikies, vol. ii. p. 63).  A purple sail indicated  eccius, in his Antiquitatum   Romanarum Jurispruthe admiral's ship among the Romans, and flags of dentiam illustrantium Syntagma, has followed the
different colours were used in the fleet of Alexander order of the Institutiones.  Theophilus, generally
the Great.  (Plin. IT. N. xix. 5.)    [J. Y.]   considered to be one of the compilers of the InstituI'NSTITA  (7repn7rodLov), a flounce; a fillet. tiones, wrote a Greek paraphrase upon them, which
The Roman matrons sometimes wore a broad fillet is still extant, and is occasionally useful. The best
with ample folds, sewed to the bottom of the tunic  edition of the paraphrase of Theophilus is that of
and reaching to the instep.  The use of it indi- W. O. Reitz, Haag, 1751, 2 vols. 4to.  There are.
cated a superior regard to decency and propriety of numerous editions of the Latin text of the Institlmanners. (Hor. Sat. i. 2. 29;,Ovid, Ars Amat. i. tiones. The editio princeps is that of Mainz, 1468,
32.)  It must have resembled a modern flounce. fol.; that of Klenze and Boecking, Berlin, 1829,
By the addition of gold and jewellery it took the  4to, contains both the Institutiones and the Comform of the more splendid and expensive CYcLas.  mentarii of Gains; the most recent edition is that
When this term  denoted a fillet, which was  of Schrader, Berlin, 1832 and 1836.
used by itself, as in the decoration of a TiaYRsus    There were various institutional works written
(Stat. T/ieb. vii. 654), it was equivalent to VITTA  by the Roman jurists.  Callistratus, who lived
or FASCIA.  [TUNICA.]                 [J. Y.]    under Septimius Severus and Antoninus Caracalla,
I'NSTITOR.  [INSTITORIA ACTIO.]                wrote three books of Institutiones.  Aelius MarINSTITO'RIA  ACTIO.  This actio was al-  cianus wrote sixteen books of Institutiones under
lowed against a man who had appointed either Antoninus Caracalla. Florentinus, wholived under
his son or a slave, and either his own or another Alexander Severus, wrote twelve hooks of Instituman's slave, or a free person, to manage a taberna  tiones, from which there are forty-two excerpts in
or any other business for him.  The contracts with  the Digest. Paulus also wrote two books of Instisuch manager, in respect of the taberna or other tutiones.  There still remain fragments of the
business, were considered to be contracts with the  Institutiones of Ulpian, which appear to have conprincipal.  The formula was called Institoria, be- sisted of two books.  But the first treatise of this
cause he who was appointed to manage a taberna  kind that we know of was the Institutiones of.
was called an Institor. And the institor, it is said, Gaius in four books.  They were formerly only
was so called, " quod negotio gerendo instet sive  known from a few excerpts in the Digest, from the
insistat."  If several persons appointed an institor, Epitome contained in the Breviarium, from the
any one of them  might be sued for the whole  Collatioe, and a few quotatlons in the Commsentary
amount for which the persons were liable on the  of Boethius on the Topica of Cicero, and in Priscian.
contract of their institor; and if one paid the de-    The MS. of Gainls was discovered in the library
usand, lie had his redress over against the others  of the Chapter of Verona, by Niebuhr, in 1.816.'by a societatis judicium or communi dividundo. A  It was first copied by Goeschen and Bethmangreat deal of business was done through the medium  Hollweg, and an edition was published by Goeof institores, and the Romaus thus carried on various  schen in 1820.  The deciphering of the MS. was
lucrative occupations in the name of their slaves, a work of great labour, as it is a palimpsest, the
which they could not or would not have carried on  writbing on which has been washed out, and in
personally.  Institores are coupled with Nautae by I souie places erased with a knife, in order to adapt




640           INSTITUTIONES.                                        INTERCESSIO.
the parchument for the purposes of the transcriber.  Actiones, which is the third of the three dlivisionsl
The parchment, after being thus treated, was used  of Gaius. The division of Gaius is faulty in several
for transcribing upon it some works of Jerome, respects; but this does not detract from the merit
chiefly his epistles.  The old writing was so ob- of the work, which is perspicuous and abounds in
scure that it could only be seen by applying to it valuable matter.  This view of the nature of the
an infusion of gall.nuts.  A fresh examination of division of Gaius is from Savigny.  (System, &c.,
the MS. was made by Blume, but with little ad- vol. i. p. 393, &c.)                       [G. L.]
ditional profit, owing to the condition of the manu-    INSTITUTO'RIA  ACTIO. [INTERCESSIO.]
script.  A  second edition of Gains was published    I'NSULA.  [DoMus, p. 430, a.]
by Goeschen in 1824, with valuable notes, and an    IINTEGRUM   RESTITUTIO, IN.   [RsIndex Siglarurl used in the MS.  The preface to  STITUTIO.]
the first edition contains the complete demonstra-    INTEINTIO.  [ACTIO.]
tion that the MS. of Verona is the genuine Com-    INTERCE'SSIO.  It is a case of Intercessio
mentarii of Gaius, though the MS. itself has no  when a man takes upon himself the debt of another
title. An improved edition of Goeschen's by Lach- -by virtue of some dealing with the creditor.  This
mann appeared in 1842.                             may be in either of the following ways: he who
It appears from  the Institutiones that Gains  intercedes may take upon himself the debt of
wrote that work under Antoninus Pius and M. another, and may become debtor in place of that
Aurelius.                                          other: or the intercedent may become debtor while
Many passages in the Fragments of Ulpian are  the debtor still continues debtor.  (Vangerow,
the same as passages in Gaius, which may be ex- Pandekten, &c. vol. iii. p. 133, &c.)
plained by assuming that both these writers copied    To the first class belong (1) the case of a man
such parts from the same original.  Though the  undertaking an already existing obligatio, so as to
Institutiones of Justinian were mainly based on  exclude the existing debtor; (2.) And the case of a
those of Gaius the compilers of the Institutiones of man taking an obligatio on himself, which does
Justinian sometimes followed other works: thus not already exist in the person of another, but which
the passage in the Institutes (ii. tit. 17. ~ 2, "si  without such intervention would exist.
quis priori ") is from the fourth book of Marcianus'    To the second class belong (1), the case when
Institutes (Dig. 36. tit. 1. s. 29); and, in some in- the creditor may consider either the original debtor
stances, the Institutiones of Justinian are more  or the intercedent as his principal debtor, or when,
clear and explicit than those of Gaius.  An in-  in other words, the intercedent is correus debendi
stance of this occurs in Gaiuns (iii. 109) and the  (Inst. iii. tit. 16.  De duobus reis stipulandi et
Institutiones of Justinian (iii. tit. 19. s. 10).  promittendi); (2) When the creditor can consider
Gains belonged to the school of the Sabiniani the intercedent only as liable to pay, when the
[JtRISCONSULI1].  The Jurists whom, he cites in  principal debtor does not pay, or when in other
the Institutiones, are Cassius, Fufidius, Javolenus, words, the intercedent is a fidejussor.  (Inst. iii.
Julianus, Labeo, Maximus, Q. Mucius, Ofilius, tit. 20, de Fidejussoribus.)
Proculus, Sabinus, Servius, Servius Sulpicius, Sex-    The views of Puclhta as to the Intercessio are
tus, Tubero.                                       contained in his Institutionen, vol. iii. p. 48, &c.)
The arrangement of the Institutes of Justinian      In the Institutes of Gains, a distinction is made
is the samie as that of the work of Gaius; what-  between sponsores and fidepromissores, on one side;
ever difference there is between them  in this re- and fidejussores on the other.  With respect to one
spect, is solely owing to the changes in the Roman  another, sponsores were consponsores. (Cic. ad Att.
law, whichhad beenmadebetween the time of Gaius  xii. 17.)  In the Institutes of Justinian, the disand that of Justinian. There has been considerable  tinction between sponsores and fidejussores does not
difference of opinion as to the nature of the ar- exist.
rangement of Gaius; and it is obvious that most    Sponsores and fidepromissores could only become
persons havemisunderstood it. Accordilg to Gaius:  parties to an obligatio verbortm, though in some
"omne jus quo utimur vel ad personas pertincet, cases they might be bound, when their principal
vel ad res, vel ad actiones " (i. 8).  It is generally  (qui p]romiselit) was not, as in the case of a pupillus
supposed that the division (the first book) which  who promised without the auctoritas of his tutor,
treats of Persons comprehends the status or con- or of a man who promised something after his
dition of persons as the subjects of rights; others  death.  A fidejussor might become a party to all
affirm  that it treats of legal capacity, or of the  obligations, whether contracted re, verbis, litteris, or
three conditions which correspond to the threefold  consensu. In the case of a sponsor the interrogatio
capitis deminutio.  But the first book of Gaius  was, Idem dari spondes? in the case of a fideprowhich treats of Persons contains both matter which  missor, it was, Idem  fidepromittis? in the case of
has nothing to do with legal capacity, and it does  a fidejussor, it was, Idem fide tua esse jubes? The
not contain all that relates to legal capacity, for it object of having a sponsor, fidepromissor, or fidedoes not treat of one of three chief divisions which  jussor, was greater security to the stipulator.  On
relate to legal capacity, that of Cives, Latini, Pere-  the other. hand, the stipulator had an adstipulator
grini.  It treats in fact only of Marriage, Patria  only when the promise was to pay something after
Potestas, Manus, Slavery, Patronatus with respect the stipulator's death, for if there was no adstipulto the different classes of freed men, Mancipium   latoer the stipulatio was inutilis or void.  (Gaius,
and Tutela.  Accordingly, this part of the work  iii. 100, 117.)  The adstipulator was' the proper
treats only of persons so far as they belong to  partyto sue after the stipulator's death, and he could
Familia, in the widest and Roman acceptation of be compelled by a mandati judiciuirs to pay to the
that term.  The part which treats of res com-  heres whatever he recovered.
prehends the Law of ownership, &c. and Law of    The heres of a sponsor and fidepronmissor w-as
Obligationes, which two divisions occupy the se- not bound, unless the fidepromuissor were a pcltecond and third books.  The fourth book treats of grinusa  whose state had a different law on tho




INTERCESSIO.                                      INTERCESSIO.                  641
matter; but the heres of a fidejussor was bound.    Women generally were incapacitated from doing
By the Lex Furia, a sponsor and fidepromissor many acts on account of the weakness of the sex.
were free from all liability after two years, which  It was a general rule that any person might " inappears to mean two years after the obligation had  tercedere." who was competent to contract and to
become a present demand; but the Lex Furia only  dispose of his property; but minores xxv and woapplied to Italy.  All of them  who were alive at men had only a limited capacity in respect of their
the time when the money became due could be  contracts and the disposition of their estates.  In
sued, but each only for his share (singuli viriles the early part of the reign of Augustus and in that
partes). Fidejussores were never released from their of Claudius, it was declared by the Edict that woobligation by length of time, and each was liable  men should not " intercedere " for their husbands.
for the whole sum (singuli in soliduns ohliyantur); Subsequently the Senatusconsultum  Velleianum
but by a rescript (epistola) of Hadrian, the creditor  [SENATUSCONSULTUJM  VELLEmIACUm] absolutely
was required to sue the solvent fidejussores sepa- prohibited all Intercessio by women; and the
rately, each according to his proportion.  If any  Novella 1 34. c. 8, had for its special object to make
one of thenl was not solvent, his share became a  null all Intereessio of a wife for her husband.  A
burden to the rest.                                woman who was sued in respect of her Intercessio,
A  Lex Apuleia, which was passed before the  or her heres, might plead the Senatusconsultum,
Lex Furia, gave one of several sponsores or fide- and she might recover anything that she had paid
promissores, who had paid more than his share, an  in respect of her Intercessio. The Senatusconsultum,
action against the rest for contribution.  Before  though it made null the intercessio of a woman,
the passing of this Lex Apuleia., any one sponsor or protected the creditor so far as to restore to him a
fidepromissor might be sued for the whole amount; former right of action against his debtor and fidebut this lex was obviously rendered useless by the jussores: this action was called Restitutoria or
subsequent Lex Furia, at least in Italy, to which  Rescissoria.  In the case of a new  contract, to
country alone, as already observed, the Lex Furia  which the woman was a party, the Intercessio was
applied, while the Lex Apuleia extended to place5 null by the Senatusconsultum, and the creditor bad
out of Italy; yet not to fidejussores.           the samne action against the person for whom  the
A fidejussor, who had been compelled to pay  woman " intercessit," as he would have had
the whole amount, had no redress if his principal against the woman: this action, inasmuch as the
was insolvent; though, as already observed, lie  contract had no reference to a former right, but to
could by the rescript of Hadrian compel the credi- a right arising out of the contract, was Institutoria.
tor to limit his demand against him to his share.   In certain cases, a woman was permitted to reA  creditor was obliged formally to declare his nounce the benefit of the Senatusconsultum; and
acceptance of the sponsores or fidepromnissores who  there was a considerable num ber of exceptions to
were offered to him, and also to declare what was the rule that a woman could plead the senatusthe object as to which they were security; if lie  consultum.
did not comply with this legal requisition, the      (Dig. 16. tit. 1. ad S. C. Velleienumz; Paulus,
sponsores and fidepromissores might, within thirty  S. R. ii. tit. 11; Vangerow, Pandekten, &c. iii.
days (it is not said what thirty days, but probably  p. 149.)                             [G. L.]
thirty days from  the time of the sureties being    INTERCE'SSIO was the interference of a maoffered), demand a praejudicium (praejsudiciumz pos- gistratus to whom an appeal [APPELLATIO] was
tulare), and if they proved that the creditor had  nmade.  The object of the Intercessio was to put a
not complied with the requisitions of the law, they  stop to proceedings, on the ground of informality
were released.  (Gains, iii. 123.)                or other sufficient cause.  Any magistratus might
A Lex Cornelia limited the amount for which  "intercedere," who was of equal rank with or of
any person could be a security for the same person  rank superior to the magistratus from  or against
to the same person within the same year, but with  whom the appelIatio was.  Cases occur in which
some exceptions, one of which was a security  one of the praetoLrs interposed (intescessit) against
" dotis nomine."  No person could be bound in a  the proceedirngs of his colleague.  (Cic. in Ves'r.
greater amount than his principal, but he might be  i. 46.)
bound in less; and every surety could recover on    The Intercessio is most frequently spoken of with
a mandati judicium from his principal whatever he  reference to the Tribunes who originally had not
had been compelled to pay on his account.  By a jurisdictio, but used the Intercessio for the purpose
Lex Publilia sponlsores had a special action ill of preventing wrong which was offered to a person
duplum, which was called an actio depensi.        in their presence (Gell. xiii. 12).  The Intercessio
There is a passage in the Epitome of Gaius ill of the Tribunes of the Plebs, was Auxilium (Liv.
the Breviarium  (ii. 9. ~ 2), which is not taken  vi. 38; Cic. pro Qeintio, 7, 20); and it might be
from Gains: it is to this effect: —The creditor may  exercised either in jure or il judicio. The tribune
sue either the debtor or his fidejussor; but after he  qui intercessit could prevent a judicium from being
has chosen to sue one of them, he cannot sue the  instituted.  That there coauld be an Illtercessio
other. -Cicero appears to allude to the same doc- after the Litis Contestatio appears from  Cicero
trine (ad Att. xvi. 15) in apassage which is some-  (psa Tullio, 38).  The tribunes could also use
what obscure, and is variously explained.  The  the Intercessio to prevent execution of a judicial
subject of the sponsio often occurs in Cicero's  sentence. (Liv. vi. 27.)  T. Gracchus interfered
letters; and in one case he was called upon in re- (ietercessit) against the praetor Terentius, who was
spect of a sponsio alleged to have been given by  going to order execution, in the case of L. Scipio
him  twellty-five years before (ad Att. xii. 17). who was condemned for peculation (Liv. xxxviii.
Cicero uses the expression " appellare " to express  60; Gell. vii. 1 9), and he prevented Scipio being
calling on a surety to pay (ad Att. i. 8).         sent to prison, but he did not interfere to prevelnt
((Gaius, iii. 115-127; Inst. iii. tit. 20; Dig. 44. execution being had oni his property.  A  single
tit. 7; 46. tit. 1.)                             in'ilh;ne could effect this, and againist the opinion of
Tr T




64'2          INTERDICTUM.                                        INTE RDICTUM.
his colleagues, which was the case in the matter of provided for by the Edict.  If the defendant either
L. Scipio. [TRIBUNI.]                              admitted the plaintiff's case before the interdict
The term  Intercessio and the verb intercedo  was granted, and complied with its terms, or subalso applied to the tribunitian opposition to a roga-  mitted to the interdict after it was granted, the
tio. (Liv. vi. 35; Cic. de Orat. ii. 47.)   [G. L.]  dispute was of course at an end.  This is not
INTERCI/SI DIES.  [DIES.]                       stated by Gains, but follows of necessity from tile
INTERCOLU'MNIA.  [TEm.PLUM.]                    nature of the case; and when he goes on to say
INTERDI'CTIO AQUAE ET IGNIS. [Ex-  " that when the praetor has ordered any thing to
SILIUM, p. 516, b.]                                be done or forbidden anything to be done, the
INTERDICTUM.  " In certain cases (certis matter is not then ended, but the parties go before
ex causis) the praetor or proconsul, in the first in- a judex or recuperatores," he means that this furstance (principaliter), exercises his authority for ther proceeding takes place, if the praetor's Interthe termination of disputes.  This he chiefly does  dict does not settle the matter.  The whole form
when the dispute is about Possession or Quasi-  of proceeding is not clearly stated by some modern
possession; and the exercise of his authority con- writers, but the following is consistent with Gaius.
sists in ordering something to be done, or forbidding    The complainant either obtained the Interdict
something to be done.  The formulae and the  or he did not, which would depend on the case
terms, which he uses on such occasions, are called  that he made out before the praetor.  If he failed,
either Interdicta or Decreta.  They are called De- of course the litigation was at end; and if he obcreta when he orders something to be done, as  tained the interdict, and the defendant complied
when he orders something to be produced (exliberi) with its terms, the matter in this case also was at
or to be restored: they are called Interdicta when  an end.  If the defendant simply did not obey the
he forbids something to be done, as when he orders  terms of the Interdict, it. would be necessary for
that force shall not be used against a person who  the complainant again to apply to the praetor, in
is in possession rightfully (sine vitio, or that no- order that this fact might be ascertained, and that
thing shall be done on a piece of sacred ground.  the plaintiff might give full satisfaction.  If the
Accordingly all Interdicta are either Restitutoria, or defendant was dissatisfied with the Interdict, lihe
Exhibitoria, or Prohibitoria." (Gaius, iv. 1 39, 14 0.) might also apply to the praetor for an investigation
This passage contains the essential distinction  into the facts of the case: his allegation might be
I)etween an Actio and an Interdictum, so far as that there was originally no ground for the Interdict.
the praetor or proconsul is concerned.  IIn the case  He might also apply to the practor on the ground
of an Actio, the praetor pronounces no decree, but that he had satisfied the terms of the Interdict,
he gives a Judex, whose business it is to investi-  though the plaintiff was not satisfied, or on the
gate the matter in dispute, and to pronounce a  ground that he was unable to do more than he had
sentence consistently with the formula, which is  done.  In all these cases, when the praetor's order
his authority for acting.  In the case of an Actio, did not terminate the dispute, he directed an intherefore, the praetor neither orders nor forbids a  quiry by certain formulae, which were the instructhing to be done, but he says Judicium  dabo.  In  tion of the judex, recuperatores, or arbiter.  Acthe case of an Interdict, the praetor makes an  cordingly, the process of the Interdict belonged
order that something shall be done or shall not be  to the ordo judiciorum privatorum, but the judidone, and his words are accordingly words of com-  cium was constituted by the peculiar process of
mand: Restituas, Exhibeas, Vim fieri veto.  This  the Interdict.  The inquiry would be, Whether
immzediale interposition of the praetor is appropri-  anything had been done contrary to the Praetor's
ately expressed by the word  "principaliter," the  Edict *'; or, Whether that had been done, which
full effect of which is more easily seen by its juxta-  he had ordered to be done: the former inquiry
position with the other words of the passage, would be made in the case of a Prohibitory Interthan by any attempt to find an equivalent English  diet; and the latter in the case of an Exhibitory
expression.                                        or Restitutory Interdict.
Savigny observes that it may be objected to this    In the case of Interdicta Prohibitoria there was
exposition, that in one of the most important In- always a sponsio; that is, the parties were reterdicts, that De Vi, the formula is, Judicium dabo;  quired to deposit or give security for a sum of
(Dig. 43. tit. 16. s. 1.)  But,  as he observes, the  money, the loss of which was in the nature of a
old genuine formula was,  Restituas  (Cic. pro  penalty (poena) to the party who failed before the
(aecin. 8, 30); and the " Judicium dabo" must judex: this sponsio was probably required by the
have been introduced when the formulae of the  praetor.  In the case of Interdicta Restitutoria
two old Interdicts (De Vi Armata and De Vi and Prohibitoria, the proceeding was sometimes
Quotidiana) were blended together, and at a time  per sponslonem, and therefore before a judex or re-when the distinctions between the old fomlulae  cuperatores, and sometimes, without any sponsio,
had become a matter of indifference.               per formulamn arbitrariam, that is, before an arbiter.
The mode of proceeding as to the Interdict was  In the case of these two latter Interdicts, it seems
as follows: — The party aggrieved stated his case  to have depended ont the party who claimed the
to the praetor, which was the foundation of his de-  inquiry whether there should be a sponsio or not:
usmamd of an Interdict, and was therefore analogous  if such party made a sponsio, that is, proffered to
to the Postulatio  actionis.  If the praetor saw  pay a sum of money, if he did not make out his
sufficient reason, he might giant the Interdict,
which was often nothing more than the words of    * "Edict" is the word used by Gains, but he
the Edict addressed to the litigant parties; and in  means Interdict.  He uses Edict, because the In..
doing so, he used his "auctoritas finiendis contro-  terdict would  only be granted in such cases as
versiis" in the first instance, or immediately and  were provided for by the Edict (certis ex causis),
without the intervention of a judex (principaczter),  and thus an Interdict was only an application of
-man  also " certis ex causis," that is, in cases already  the Edict to a particular case.




INTERDICTUM.                                        INTERDICTA UM.                 643
case, the opposite party was required to make one  nec clam nec precario."   There were some peculialso.  Ill the case of Caecina (Cic. pro Caecin. 8)  arities as to possessio of moveable things.  (Gaius,
a sponsio had been made: Cicero says, addressing  iv. 151.)
the recuperatores, " sponsio facta est: hac de spon-    The Interdictum recuperandae possessionis might
sione vobis judicandum  est."  In fact, when the  be claimed by him who had been forcibly ejected
matter came before a judex or arbiter, the form of (vi dejectus) from  his possession of an immovable
proceedirg vl-as similar to the olidinary judicium.    thing, and its effect was to compel the wrongThe chief division of Interdicts has been stated. doer to restore the possession, and to make good all
The various purposes to which they were appli-  damage.  The initial words of the Interdict were,
cable appear from  the titles; as, Interdictum  de  Unde tu illum vi dejecisti; and the words of comAqua, de Arboribus caedendis, de Liberis exhi- mand were, Eo restituas.  (Cic. pro Caecin. 30,
bendis, de Rivis, de Superficiebus, &c.             pro Tull. 4, 29, 44; Gaius, iv. 154; Dig. 43.
Another division of Interdicts was into those for tit. 16. s. 1.) There were two cases of Vis: one of
the purpose of acquiring Possession, retaining pos-  Vis simply, to which the ordinary Interdict applied,
session, or recovering possession. (Gaius, iv. 144.)  which Cicero calls Quotidianum; the other of Vis
The Interdictum  adipiscelldae possessionis was Armata, which had been  obtained by  Caecina
given to him  to whom  the Bonorum  possessio  against Aebutius.  The plaintiff had to prove that
[BONooaRvU  PossEssIO] was given,andit is referred  he was in possession of the premises, and had been
to by the initial words Quormn  bonorum. (Dig. ejected by the defendant or his agents (fionzilia or
43. tit. 2. s. 1.)  Its operation was to compel a  procurator, Cic. pso Tull. 29.)  If the matter camne
person, who had  possession of the property of before a judex the defendant might allege that he
which the Bonorum possessio was granted to an-  had complied with the Interdict, " restituisse,"
other, to give it up to sulch person, whether the  though he had not done so in fact; but this was
person in possession of such property possessed it the form of the sponsio, and the defendant would
pro herede or pro possessore. The Bonorum Emtor succeed before the judex if he could show that he
[BONORUM EMTIO] was also entitled to this In-  was not bound to restore the plaintiff to his posterdict, which was sometimes called Possessorimm. session.  (Pro Caecin. 8, 32.)
It was also granted to him who bought goods at    The defendant might put in an answer (erceptio)
public auction, and in such case was called Secto-  to the plaintiff's claim  for restitution: he might
ritn, the name " Sectores" being applied to per-  show that the plaintiff's possession  commenced
sons who bought property in such manner.  (Cic. either vi, clam, or precario with respect to the
pro Rose. lAm. 36.)                                 defendant (pro Caecin. 32, pro Tuzll. 44); but
The Interdictumn  Salvianum was granted to the  this exceptio was not allowed in the case of vis
owner of land, and enabled him to take possession  armata. (Pro  Caecis. 8, 32.)   The  defendant
of the goods of the colonus, who had agreed that might also plead that ayear had elapsed since the
his goods should be a security for his rent. (Dig. violence complained of, and this was generally a
43. tit. 3.)                                        good plea; for the Interdict contained the words
This Interdict was not strictly a Possessorial "in hoc anno."  But if the defendant was still in
Interdict, as Savigny has shown (Das Recht des possession after the year, he could not make this
Besitzes, p. 410; Puchta, Izstitutionen, &c. ii. plea; nor could he avail himself of it in a case of
~ 225.)  It did not, like the two other Interdicts,  Vis Armata. (Cic. ad Fctaz. xv. 16.)
presuppose a lawful possession, that is, a Jots pos-    A clandestina possessio is a possessio in which
sessionis acquired by the fact of a rightful posses-'the possessor takes a thing (which must of course
sion; the complainant neither alleged an actual be a movable thing) secretly (futrtive) and without
possession nor a former possession.                 the knowledge of the person whose adverse claim
The Interdictum  retinendae possessionis could  to the possession he fears.  Such a possessio, when
only be granted to a person who had a rightful'it was a disturbance of a rightful possessio, gave
possessio, and he was intitled to it in respect of the rightful possessor a title to have the Interdict
damages sustained by being disturbed in his pos- de clandestina   possessions for the reeovery of his
session, in respect of anticipated disturbance in his  possession.  All traces of this interdict are nearly
possession, and in the case of a dispute as to owner- lost; but its existence seems probable, and it must
ship in which the matter of possession was first to  have had some resemblance to the Interdictum de
be inquired into.  Its effect in the last case would  vi.  The exceptio clandestinae  possessionis was
be, as Gaius states, to determine which of two  quite a different thislg, inasmuch as a clandestilla
litigant parties should possess, and be the defend- possessio  did. lot necessarily suppose the lawful
ant, and which should be tile claimant, and htave  possession of another party.
the burden of proof.  There were two Interdicts    The Interdictum  de Precaria possessione or de
of this class named respectively Uti Possidetis and  Precario applied to a case of Precarium.  It is PreUtrubi, from the initial words of the Edict.  The  carinum  wthens a mal permits another to exercise
Interdictum  Uti Possidetis applied to land  or ownership over his property, but retains the right
houses, and the other to moveabhies.  The LTti of demanding the property backl when he pleases.
Possidetis protected the person who at the time of It is called Precarium  because the person who
obtaining the Interdict was in actual possession, received ssuch permission usually obtained it by
provided he had not obtained the possession against request (prece)  tho'glh request was not lsecesthe other party (adversaorius) vi, clam, or precario  sary to constitute Precaritlo,  for it might arise
which were the three vitia possessionis.  (Festus, by tacit permission.  (Paulus, S. R. v. tit. 6. s.
s. v. Possessio; Gains, iv. 160.) In the case of the  I 1.)  The person who received the detention of
Interdictum Utrubi, the possession of the movable  the thing, obtained at the same time a legal posses
thing was by the Interdict declared to belong to  sion, unless provision to the contrary was nade byhim who had possessed the thing against the other agreement.  In either case the permission coltil at
pparty during the greater part of that year, " nec vi  asy tilne be recalled, and the possessio, wbhich in
T -r 




644            INTERDICTUM.                                          INTERREX.
its origin was justa, became injusta, vitiosa, as  lost the possessio, which was transferred to the
soon as restitution was refused.  Restitution could  plaintiff (petitor).  (Rudorff, Ueber des Iaterdict
be claimed by the Interdictum  de Precario, pre-  Quem Fulndum, &c., Zeitschris?, vol. ix.)
cisely as in the case of Vis; and the sole founda.    " By all these Interdicts Possession is protected,
tion of the right to this Interdict was a vitiosa  and possession in itself, in its immediate form as
possessio, as just explained.  The Precarium was  power, in fact, over a thing.  Possession thus obnever viewed as a matter of contract.  The Inter-  tains a legal existence, which is simply connected
dictumn de precario originally applied to land only,  with that fact.  This pure reception of possession
but it was subsequently extended  to movable  among Rights is not perplexed by the consideration
things.  The obligation imposed by the Edict was  of the rightful or wrongful origin of the possession,
to restore the thing, but not its value, in case it  which origin has no effect with respect to the prowas lost, unless dolus or lata culpa could be proved  tection given to possession.  The Injusta Possessio,
against the defendant.  But from  the time that that is, the possession which has been acquired vi,
the demand is made against, the defendant, he is  or clam  or precario, is certainly not protected
ia msorwa, and, as in the case of the other Interdicts, against the person from whom it has been acquired
he is answerable for alil culpa, and for the fruits or  by the possessor by any one of these three vitia
profits of the thing; and generally, he is bound to  possessionis; but apart from this case, the Injusta
place the plaintiff in the condition in which he  Possessio gives the same claim to protection as the
would have been, if there had been no refusal.  Justa.  (Dig. 43. tit. 17. s. 2.)  The Interdicts
No exceptions were allowed in the case of a Pre-  arise out of Possessio, and indifferently whether it
carium.                                            is Justa or Injusta; only, if two possessors claim
The origin of the Precarium  is referred by  against one another, a former and a present posSavigny to the relation which subsisted between a  sessor, of whom  the one has obtained possession
patronus and his cliens, to whom the patronus gave  from the other vitiose, the former is not protected
the use of a portion of the ager publicus.  If the  against the latter.  (Dig. 43. tit. 17. s. I. ~ 9.)"
cliens refused to restore the land upon demand, the  Pubchta, Instituttionen, &c., ii. ~ 225.
patronus  was entitled to the Interdictum  de pre-    (For other matters relating to the Interdict see
cano.  As the relation between the patronus and  Gaius, iv. 138-170; Paulus, S. R. v. tit. 6; Dig.
the cliens was analogous to that between a parent  43; Savigny, Das R1echt des Besitzes, pp. 403and his child, it followed that there was no contract  516; Savigny and Haubold, Zeitscl rSif, vol. iii. pp.
between them, and the patron's right to demand the  305, 358, 421; Keller, Uevber die Deductio qzle
land back was a necessary consequence of the relation  mnoribius fit and Des Interdictun  Uti possidetis,
between him and his cliens. (Festus, s. v. Paties.)  Zeitsclirsi, vol. xi.; Rundorff, Benzmerlc nyen iib)e
The precarium  did not fall into disuse when the  dasselbe Is2terdict, Zeitsclriffl, vol. xi.; Puchta, Inold ager publicus ceased to exist, and in this respect stitutio2en, &c., ii. ~~ 169, 225.)  [G. L.]
it followed the doctrine of possesslo  generally.  iNTERPRES, an interpreter.  This class of
[AGRARIAE  LEGCE.]  It was in fact extended  persons became very numerous and necessary to
and applied to other things, and, among them, to  the Rornmans as their empire extended. Embassies
the case of pledge.  [PIGNUS.]                     from foreign nations to Rome, and from Rome to
Gaius (iv. 156) makes a third division of In-  other states  were generally accompanied by interterdicta into Simplicia and Duplicia.  Simplicia  preters to explain the objects of the embassy to
are those in which one person is the plaintiff  the respective authorities.  (Cic. de Divinat. ii.
(actor), and the other is the defendant (lezs): all  64, (de JFieib. v. 29; Plin. iH.N. xxv. 2; Gell.
Restitutoria and Exhibitoria Interdicta are of this  xvii. 17. 2; Liv. xxvii. 43.)  In large mercantile
kind.  Prohibitoria Interdicta are either Simplicia  towns the interpreters, who formed a kind of
or Duplicia: they are Simplicia in such cases as  agents through  whom  business was done, were
those, when the praetor forbids any thing  to be  sometimes very numerous, and Pliny (H. N. vi.
done in a locus sacer, in a flumen publicum, or on  5) states that at Dioscurias in Colchis, there were
a ripe.  They are Duplicia as in the case of the  at one time no less than 130'persons who acted as
Interdictum  uti Possidetis and Utrubi; and they  interpreters to the Roman merchants, and through
are so called, says Gains, because each of the liti-  whom all the business was carried on.
geant parties may be indifferently considered as    All Roman praetors, proconsuls, and quaestors,
actor or reus, as appears from  the terms of the  who were entrusted with the administration of a
Interdict.  (Gains, iv. 160.)                      province, had to carry on all their official proceedInterdicta seem to have been also called Duplicia  ings in the Latin language (Val. Max. ii. 2. ~ 2),
in respect of their being applicable both to the ac-  and as they could not be expected to be acquainted
quisition of a possession which had not been had  with the language of the provincials, they had
before, and also to the recovery of a possession. always among their servants [APPARITORES] oIle
An Interdict of this class was granted in the case  or more interpreters, who were generally Romans,
of a vindicatio,  or action as to a piece of land  but in most cases undoubtedly freedmen. (Cic. pro
against a possessor who did not de'end his pos-  Btlb. 11,)  These interpreters had not only to
session, as, for instance, when he did not submit  officiate at the conventus [CoNVENTUS], but also
to a judicium  and give the proper sponsiones or  explained to the Roman governor everything which
satisdationos.  A similar interdict was granted in  the provincials might wish to be laid before him.
the case of a vindicatio of an hereditas and a  (Cic. c. Yerr. iii. 37, ad Fanz. xiii. 44; Caes. Bell.
ususfructus.  Proper security was always required  Call. i. 19; compare Dirksen, Civil. Abhlandl. i. p.
from the person in possession, in the case of an in  1G, &c.)                               [L, S.]
rem actio, in order to secure the plaintiff against    INTERREX, INTERREGNUM   (called by
any loss or injury that the property Inight sustain  the Greek writers  ctEoeartiAseus, uteooeaoa L'Xeos
while it was in the possession of the defendant.  apX77, se~na O   s1ELa).  The office of Interre is said
If the defendant refused to give such "ecurity he  to have been instituted on the death of Romulus,




INTERREX.                                            ISTHMIA.                  645
when the senate wished to share the sovereign I comitian,  in  which Pomnpey and Crassus were
power among themselves instead of electing a king.  elected consuls (Dion Cass. xxxix. 27, 31); and
For this purpose, according to Livy (i. 17), the  we also read of insterreges in B. C. 53 and 52, in the
senate, which then consisted of one hundred mem-  latter of which years an interrex held the comitia,
bers, was divided into ten decuries; and from each  in which Pompey was appointed  sole  consul.
of these decuries one senator was nominated. These  (Dion Cass. xl. 45; Ascon. ad Cic. Mil. init. p. 32,
together formed a board of ten, with the title of  Orelli; Plut. Polmp. 54; comp. Becker, Handbuclb
I1terregCs, each of whom enjoyed in succession the  der R67nisclen Altesrthinzer, vol. ii. part i. p. 295,
regal power and its badges for five days; and if no  &c.)
king was appointed at the expiration of fifty days,    INTE'RULA.  [TUNICA.]
the rotation  began  anew.  The period during    INTESTA'BILIS.  In the Twelve Tables it
which they exercised their power was called an  was declared " qui se sierit testarier libripensve
Interregnumz.   Dionysius (ii. 57) and Plutarch  fuerit, ini testimonium fariatur, improbus intesta(NAisma, 2) give a different account of the matter;  bilisque esto."  (DiSrksen, Uebersicht, &c. p. 607;.
but that of Livy appears the  most probable.  compare Gellius, vi. 7, xv. 13.)  According to
Niebuhr (Hist. of' Rom7e, vol. i. p. 334, vol. ii. p. these passages, a person who had been a witness
111) supposes that the first interreges were ex-  on any solemn occasion, such as the making of a
elusively Ramnes, and that they were the Decem  will, and afterwards refused to give his testimony,
Primi, or ten leading senators, of whom the first was " intestabilis," that is, disqualified from ever
was chief of the whole senate.  (Compare Walter, being a witness on any other occasion.  The word
Gesch. des MRbms. Reclhts, ~ 21, 2nd ed.)          afterwards seems to have had its meaning extended,
The interreges agreed among themselves who  and to have been used. to express one who could
should be proposed as king (Dionys. iv. 40, 80), not make a will, and who laboured under a general
and if the senate approved of their choice, they  civil incapacity.   (Ior. Sat. ii. 3. 181; Dig. 28.
summoned the assembly of the curiae, and pro-  tit. i. s. 18. 26; Inst. ii. tit. 10.]     [G. L.]
posed the person whom they had previously agreed    INTESTA'TO,    HEREDITATES                  AB.
upon; the power of the curiae was confined to ac-  [HERES, p. 598, a.]
cepting or rejecting him. The decree of the curiae,    IN'lESTA'TUS.  [HERES, p. 598, a.]
by which they accepted the king, was called jcssus    INTESTI'NUM  OPUS, joiner's work, is repopuli (Liv. i. 22; Cic. de Rep. ii. 13, 21.) After  ferred to in some passages of Vitruvius as used in
the king had been elected, the curiae conferred  the interior of buildings; but there is nothing in
the imperium upon him by a special law, lex curieta  his allusions to it that requires explanation (Vitruv.
de icmperio.  (Cic. de Rep. ii. 13, 17, 18, 20, 21.)  ii. 9, v. 2, v. 3).                  [P. S.]
Interreges were appointed under the republic for    INTU'SIUM..  [TUNICA.]
holding the comitia for the election of the consuls,    INVENTA'RIUM.  t[HERES, p. 601, b.]
when the consuls, through civil commotions or    INVESTIS.  [IrvPuBE.s.]
other causes, had been lmable to do so in their    IREN  (~Yp-').  [ElREN.]
year of office. (Dionys. viii. 90; Liv. iv. 43, &c.)    IRPEX, HIRPEX, or URPEX  (Cato, de Be
Each held the office for only five days, as under  Rust. 10), a harrow, used to clear the fields of
the kings.  The comitia were, as a general rule, weeds and to level and break down the soil.
not held by the first interrex; more usually by the  (Festus, s. v.; Servius, in Vispg. Georg. i. 95.) The
second or third (Liv. ix. 7, x. 1, v. 31); but in  harrow of the ancients, like ours, had iron teeth,
one instance we read of an eleventh, and in another  and was drawn by oxen.  (Var. de Ling. Lat. v.
of a fourteenth interrex.  (Liv. vii. 22, viii. 23,)  341, ed& Spengel..)                  [J. Y.1
The comitia for electing the first consuls were held    ISELAISTICI: LUDI [ATHLETAE.]
by Sp. Lucretius as interrex  (Dionys. iv. 84),    ISO'DOMUM  OPUS.  [MaRus.]
whom Livy (i. 60) calls also praefictzus elrbis. The    ISOPOLITEIA  (Ls'ooroXtela).  [CIVITAS, p.
interreges  under  the  republic, at least from  289, b.]
B. c. 482, were elected by the senate fromn  the    ISOTELEIS; (iroreAEs). [CeIVTAs, p.289, b.]
whole body, and were not confined to the decem        ISTHMIA  ("l1Otma),  one of the four great
primi or ten chief senators as under the kings. national festivals of the Greeks.  This festival de(Dionys. viii. 90.)  Plebeians, however, were not. rived its name from the Corinthian isthmus, where
admissible to this office; and consequently when  it was held in honour of Poseidon.  Where the
plebeians were admitted into the senate, the patri-  isthmus is narrowest, between the coast of the
cian senators met together (coiere) without the  Saronic gulf and the western foot of the Oenean
plebeian members to elect an interrex.  (Liv. iii. hills, was the temple of Poseidon, and near it was a
40, iv. 7, 43, vi. 41; Cic. pro Doczo, 14; Niebuhr, theatre and a stadium of white marble, the scene of
vol. ii. p. 429; Walter, ~~ 55, 131.)  For this  the Isthmian games. (Paus. ii. 1. ~7; Strab.viii. 6.
reason, as well as on account of the influence which  p. 380.)  The entrance to the temple was adorned
the interrex exerted in the election of the magis-  with an avenue of statues of the victors in the
trates, we find that the tribunes of the plebs were  Isthmian  games, and with groves of pine-trees.
strongly opposed to the appointment of an interrex.  These games were said originally to have been
(Liv. iv. 43, xxii. 34.)  The interrex had jur'is- instituted by Sisyphus in honour of Melicertesr
dictio.  (Liv. x. 41; Niebuhr, vol. iii. p. 24.)   who was also called Palaemon.  (Apollod. iii. 4
Interreges continued to be appointed occasionally  ~ 3; Paus. ii. 1. ~ 3.)  Their original mode o
till the tilne of the second Punic war (Liv. xxii. 33, celebration partook, as Plutarch (Tlzes. 25) remarks,
34); but after that time we read of no interrex, more of the character of mysteries, than of a great
till the senate, by command of Sulla, created an  and national assembly witti its various amusements,
interrex to hold the coumitia for his election as Dic-  and vwas performed at night.  Subsequent to the
tator, B. c. 82. (Appialn, Bell. Civ. i. 98.)  In I.c.   age of Theseus the Isthmia were celebrated in
55 another interrex was appointed to hold the  I,iemour of Poseidon; and this innovation isascribed
TT 3




61I6              ISTHMTA.                                      JUDEX, JUDICITUM.
to Theseus himself, who, according to some legends, been presented to it by Aristomache, tile poetess,
was a son of Poseidon, and who, in the institution  after she had gained the victory at the Isthmia.
of the new Isthmian solemnities, is said to have  At a late period of the Roman empire the characimitated Eleracles, the founder of the Olympian  ter of the games at the Isthmia appears greatly
games.  The celebration of the Isthmia was hence-  altered; for in the letter of the emperor Julian,
forth conducted by the Corinthians, but Theseus  above referred to, it is stated that the Corinthians
had reserved for his Athenians some honourable  purchased bears and panthers for the purpose of
distinctions; those Athenians who attended the  exhibiting their fights at the Isthmia, and it is not
lsthmia sailed across the Saronic gulf in a sacred  improbable that the custoum of introducing fights of
vessel (SEWPCps), and an honorary place (irpoespia),  animals on this occasion commenced soon after the
as large as the sail of their vessel, was assigned to  time of Caesar.
them during the celebration of the games.  (Plut.    The prize of a victor in the Isthmian games con1. c.)  In times of war between the two states a  sisted at first of a garland of pine-leaves, and aftersacred truce was concluded, and the Athenians  wards of a wreath of ivy; but in the end the ivy
were invited to attend at the solemnities. (Thucyd.  was again superseded by a pine-garland. (Plut.
viii. 10.)  The Eleans did not take part in the  S?/mIspos. v. 3.)  Simple as such a reward was, a
games, and various stories were related to account victor in these games gained the greatest distincfor this singular circumstance.  (Pans. v. 2. ~ 2.)  tion and honour amrong his countrymen; and a
It is a very probable conjecture of Wachslmuth  victory not only rendered the individual who ob(Hellen. A lterth. vol. i. p. 155), that the Isthiia,  tained it, a subject of admiration, but shed lustre
after the changes ascribed to Theseus, were merely  over his family and the whole town or community
a panegyris of the Ionians of Peloponnesas and  to which he belonged.  Hence Solon established
those of Attica; for it should be observed, that  by a law that every Athenian who gained the
Poseidon was an Ionian deity, whose worship  victory at the Isthmian games, should receive from
appears originally to have been unknown to the  the public treasury a reward of one hundred
Dorians.  During the reign of the Cypselids at drachmae. (Plut. Sol. 23.)  His victorywas geneCorinth, the celebration of the Isthmian games was  rally celebrated in lofty odes, called Epinikia, or trisuspended for seventy years. (Solin. c. 12.)  But umphal odes, of which we still possess some beauafter that time they gradually rose to the rank of a  tiful specimens among the poems of Pindar. (See
national festival of all the Greeks.  In Olymp. 49  Massien in the Ms7cn. de I'Acad. des Inscript. et
they became periodical, and were henceforth cele-  Bell. Lett. v. p. 214, &c.; Dissen, De Ratione
brated regularly every third year, twice in every  Poetica Carsnzinumn Pindaricorssssz, prefixed to the
Olympiad, that is, in the first and third yeSar of first volumle of his edition of Pindar; Miiller,
every Olympiad.  The Isthmia held in the first  fiEst. of Greek Lit. p. 220, &c.; Krause, Die
year of an Olympiad fell in the Corinthian month  P-ytlieon,. Nesseen2,   nd Isthlu7iens, p. 165,&c.) [L.S.]
Panemus (the Attic Hecatombaeon);  andl those    ITA'LIA.  [COLONIA; PROVINCIA.]
which were held in the third year of an Olympiad,    ITER.  [VIAE.]
fell either in the month of Munychion  or Tharge-    ITINERIS SERVITUS.  [SERVITVTES.]
lion. (Corsini, Dissert. Agon. 4; compare Goeller    JUDEX, JUDI'CIUM.   A  Roman magis.
ad Tluecyd. viii. 9.)  Pliny (H. N. iv. 5) and So-  tratus generally did not investigate the facts in
linus (c. 9) erroneously state that the Isthmia were  dispute in such matters as were brought before
celebrated every fifth year.  Wih this regulca-ity  himn  he appointed a Judex for that purpose, and
the solemnities continued to be held by the Greeks  gave him instructions.  [AcTI0; INTERn ICTUle.]
down to a very late period.  In 228 B. c. the  Accordingly, the whole of Civil procedure was exRomans were allowed the privilege of taking pat pressed by the two phrases Jus'and J-udicium, of
illn the Isthmia (Polyb. ii. 13); and it was at this  which the former comprehended all that took place
solemnity that, in B. (C. 196 Flamininus proclaimed  before the magistratus (injure), and the latter all
before an innumerable assembly the independence  that took place before the judex (in jzEdieio).  The
of Greece (Polyb. xvii. 29).  After the fall of meaning of the term Judices in a passage of Livy
Corinth, in B. C. 146, the Sicyonians were holao-ured  (iii. 55) is uncertain.  In the Theodosian Code the
with the privilege of conducting the Isthmian  term  Judex designates the governor of a province.
games; but when the town of Corinth was rebuilt  From  the earlier periods to the time of Constanby Julius Caesar (Paus. ii. 1. ~ 2, ii. 2. ~ 2), the  tine it designated a person, whose functions may
right of conducting the solemnities -was restored to  be generally understood from what follows.
the Corinthians, and it seems that they henceforth    in many cases a single Judex was appointed:
continued to be celebrated till Christianlity became  in others, several were appointed, and they seem
the state-relirsion of the Roman empire.  (Sueton.  to have been sometimes called Recuperatores  as
Arero, 24; Julian Imperat. Epist. 35.)            opposed to the single Judex.  (Gails, iv. 104The season of the Isthmian solemnities iats, like  109.)  Under certain circumstances the Judex was
that of all the great national festivals, distinguished  called Arbiter: thus Judex and Arbiter are named
by general rejoicings and feasting.  The contests  together in the Twelve Tables.  (Dirlksen, Ueberand games of the Isthlmia were the same as those  sichlt, &c. p. 725.)
at Olympia, and embraced all the varieties of    A  Judex when appointed was bound to disathletic performances, such as wrestling, the pan-  charge the functions of the office, unless he had
cratium, together with horse and chariot racing. some valid excuse (excusatio).  A  person might
(Paus. v. 2. ~ 4; Polyb. 1. c.)  Musical and poati-  also be disqualified from being a Judex.  There
cal contests were likewise carried on, and in the  were certain seasons of the year when legal buisilatter women also wvere allowed to take part, as  ness was done at Rome (cuee res acebcanur, Gaius,
we must infer from Plutarch (S'yzpos. v. 2), who, ii. 279), and at these times the services of the
on the authority of Polemo, states that in the trca-  judices were required.  These legal terms were
sury at Sicyon there was a golden book which lad  regulated according to the seasons, so that there.




JUDEX, JUDICIUM.                                   JUDEX, JUDICIUM.                 647
were periods of vacation (Cic. ad Alt. i. 1; ctn   defendant did not make his appearance after being
Ro2nae a jcdiciis fbrume  refixerit): in the pro-  dnly summoned, judgment might be given against
vinces, the terms depended on the Conventus.  A   him (judicinma desertuln, erenmodiciumn), according to
Judex was liable to a fine if he was not in attend-  the proof which the plaintiff had made.  If the
ance when he was required.  In any given case, plaintiff did not appealr, the defendant could dethe litigant parties agreed upon a judex or accepted  mand an acquittal.  (Dig. 40. tit. 12. s. 27. ~ 1,
him  whom  the magistratus proposed.  A  party  49. tit. 1. s. 28. pr.)
had the power of rejecting a proposed judex,    The sentence was either of Absolutio or Condemthough there must have been somne limit to this  natio.  That part of the formula which was called
power. (Cic. pro Clueat. 43.)  In cases where one  the Condemnatio [ACTIO, p. 12, b], empowered
of the litigant parties was a peregrinus, a pere- the Judex to condemn or acquit (condemnare,
grinus might be jude..  (Gaius, iv. 105.)  The  absolere, Gaius, iv. 43).  The defendant might
judex was sworn to discharge his duty faithfully.  satisfy the plaintiff after the judicium  had been
(Cic. de Invent. i. 39.)                           ce:nstituted bv the litis contestatio (post accepatum
When Italy had received its organization from  jnzdicimn, Gaitns, iii. 130, iv. 114), and before
the Romans, the magistratus of the several cities  judgment wvas given; but in this case it was a
had jurisdictio, and appointed a Judex as the  disputed question between the two schools whethe.r
praetor did  at Rome  (Lex Rubria  de Gallia  the judex should acquit, or whether he should~
Cisalpina).  In the provinces, the governors ap-  condemn on the ground that at the time when the
pointed a Judex or Recuperatores, as the case  judicium was constituted, the defendant was liable
might be, at the Conventus which they held for to be condemned and it was the business of the
the administration of justice; and the Judex or judex merely to follow his instructions.  The disRecuperatores were selected  both from  Roman  pute accordingl'y involved one of those principles
citizens and natives.                              on which the schools were theoretically divided,
When the Judex was appointed, the proceed-  -the following out of a legal principle to all its
ings injure or before the praetor were terminated, logical consequences; but, like many other ques.
which was sometimes expressed by the term Litis  tions between the schools, this question was pracContestalio, the phrases Lis Contestata and Judiciau7   tically of no importance, as the plaintiff would not
acceptlua  or ordissat7um, being equivalent in the  be allowed to have satisfaction twice.
classical jurists.  [LITIS  CO.NTESTATIG.]   The    While theLegis actiones were in force, the judgparties appeared before the Judex on the third day  ment was for the restitution of a thing, if a given
(com2sperendinatio), unless the praetor had deferred  thing (corpsus) was the object of the action; but
the judicium for smae sufficient reason. The Judex  under the process of the formula, the Judex gave
was generally aided by advisers (jurisconsulti)  judgment, pursuant to the formula, in a sum  of
learned in the law, who. were said " in consilio  money, even when a piece of property was the obadesse" (Cic. pro P. Qusintio, 2. 6, Top. 17); but ject of dispute.  The sum  of money was either
the Judex alone was empowered to give judgment. fixed or not fixed in the formula.  If the claim
The matter was first briefly stated to the Judex  was for a certain sum  of money, the amount was
(ceausae conjectio, collectio), and the oratores or inserted in the condemnatio, and the judex was
patroni of each party supported his cause in a  bound to give that or nothing to the plaintiff.  If
speech.  The evidence seems to have been given  the claim  was for damages or satisfaction, the
at the same time that the speeches were made,  amount of whdic  was not ascertained, the conand not to have been heard before the patroni demnatio was either linited -to a sum  named in
made their address. (Cic. pro Rose. Coer. 14, pro  the formula, anld which the judex could not exceed
P. Quintio, 18.)  But it is probable that the prac- except at his own peril (litem suamfaciendo); or,
tice in this respect might vary in, different cases. if the action was for the recovery of property from
Witnesses were produced on both sides and ex- the possessor, or if it was an actio ad exhibendum,
amined orally; the witnesses on one sidle were also  the condemnatio empowered the judex to condemn
cross-examined by the other;  ((Cic  pro Caecina, the defendant in the value of the thing.  Gene10, pro Flacco, 10.)   Written documents, such  rally, the term in the formula which expressed the
as instruments and books of account, were also  value which was the object of the demand was,
given in evidence; and sometimes the. deposition  " quanti res est."  Res may mean either a thing
of an absent witness wnis read, when it was con-  in the limited sense of the word, or generally the
firmed by an oath.  (Cic.pro Rose. Coan. 15, Cic. claim or demaned, and the fixing this at a money
ad A It. ii. 12, xiv. 15.) There were no direct means  value, was equivalent to litis aestimatio. The judex
of compelling a person to give evidence be-fore the  was always bound to condemn in some definite sum,
legislation of Justinian, unless they were slaves, even though the formula did not contain a definite
who in some cases might be put to the torture.  sum: the reason of which is obvious, for, unless
As to the application of the oath in judicio, see  the condemnatio was definite, there would be no
J USJURANDUM.                                      judgment.  (Gaius, iv, 48-52.)
After all the evidence was given and the patroni    The following is the distinction between an
had finished, the judex gave sentence: if there  Arbitriumn and Judicium, according to Cicero (pro!
were several judices, a majority decided. If the Rose. Coan. 4): —In a judicium the demand was
matter was one of difficulty, the hearing might be  of a certain sum  or definite amount (pecsuniae
adjourned as often as was necessary (amepliatio);  cer-tae); in an arbitrium, the amount was not deand if the judex could not come to a satisfactory  termined (ineerta).  In a judiciumr the plaintiff
conclusion, he might declare this upon oath and so  obtained all that he claimed or nothing, as the
release himself from the difficulty.  This was done  worids of the formula show: " Si paret H. S. I33o
by the formi of words " non liqulere" (N.L.). (Gell.  dari oportere." (Comspare Gaius, iv, 50.)  The corxiv. 2.)  The sente. ce was pronounced orally, and  responding words in the formula arbitraria were:
was sometimes first written on a tablet.  If the  s" Qumisltun aequius melius id dari;" and their
T T 4




648         JUDEX, JUDICIUM.                                   JUDEX, JUDICIUM.
equivalents were, " Ex fide bona, Ut inter bones  were regulated  by special leges; and thus the
bene agier."  (Top. 17.)  In a dispute about dos, Judicia Publica of the later republican period rewhich Cicero calls " arbitriumT  rei uxoriae," the  present the Judicia Populi of the earlier times. The
words " Quod aequius, melius," were added. (Com-  Judicia Populi were originally held in the Comitia
pare Gaius, iv. 47, 62.)  If the matter was brought  Curiata and subsequently in the Centuriata and
before a judex, properly so called, the judicihm   Tributa.  A lex of P. Valerius Publicola (Liv. ii.
was constituted with a poena, that is, per spon-  8; Cic. Rep. ii. 31) gave an appeal (provocatio) to
sionem; there was no poena, when an arbiter was  the populus from  the magistratus; and a law of
demanded, and the proceeding was by the formula  C. Sempronius Gracchus (Cic. pro Rabir. 4) dearbitraria.  The proceeding by the sponsio then  clared to the same effect: " Ne de capite civiumn
was the strict one (anogustissima7 fornsida sposnsionis,  Romanornm injussnl populi judicaretur."
Cic. pro Rose. Corn. 14): that of the arbitrium       The kings presided in the Judicia Populi, and
was ex fide bona, and the arbiter, though he was  the consuls succeeded to their authority.  But
bound by the instructions of the formula, was al- after the passing of the Lex Valeria de Provocalowed a greater latitude by its terms. The engage-  tione (B. c. 508) persons were appointed to preside
ment between the parties who accepted an arbiter,  at such trials as affected a citizen's caput, and
by which they bound themselves to abide by his  they were accordingly called Quaesitores or Quaearbitrium, was Compromaissum  (pro Rose. Corn. 4. stores Parricidii or Rerum Capitalium. In some cases
4); but this term was also emrployed, as it appears,  (Liv. iv. 51 ) a plebiscitum was passed, by which a
to express the engagement by which parties agreed  magistrate was appointed to preside at the judicial
to settle their differences by arbitration, without investigation.  In the course of time, as cases were
the intervention of the praetor.  Cicero appears to  of more frequent occurrence, these Qnaestiones
allude to this arbitration.  (Pro P. Quintio, 5; were made Perpetuae, that is, particular magicompare Senec. de Benef. iii. 7.)                  strates were appointed for the purpose.  In the
In the division of judicial functions between the  year 149 B; c. the tribune L. Calpurnius Piso
Magistratus and Judex consisted what is called  Frugi carried a Lex De Pecuniis Repetundis, by
the Ordo Judiciorum Privatorum, which existed in  which a Praetor presided at all such trials durilg
the early periods of Rome, and continued till the  his year of office, from which time the Quaestio
time of Constantine.  At 1the same time with the  Repetundarum  became Perpetua.  L. Sulla gave
Ordo Judiciortm Privatorum  existed the proceed-  to one praetor the Quaestiones de Majestate, and
ing extra ordinem  or extraordinaria cognitio, in  to others those of Peculatus and Ambitus; and
which the magistratus made -a decision by a de-  he also added four other Quaestiones. Perpetuae.
cretum, without letting the matter come to a judex. *Thus he carried out the principle of the Lex CalFinally, under the later empire the extraordinaria  -purnia, by establishing permanent courts for the
cognitio supplanted the old mode of proceeding.    trial of various specified offences, and the praetors
According to Cicero (pro Caecina, 2) all Judicia  determined among themselves in which of these new
had for their object, either the settlement of dis-  courts they should severally preside. The ordinary
putes between individuals (controversiae), or the  functions of the praetor urbanus and peregrinus
punishment of crimes (maleficia).  This passage  were not interfered with by these new  arrangerefers to a division of Judicia, which appears in the  rents.  The Quaestiones of Sulla were, De RepeJurists, into Publica and Privata.  The term Pri-  tundis, Majestatis, De Sicariis et Veneficis, De
vata Judicia occurs in Cicero (lop. 17), where it Parricidio, Peculatus, Ambitus, De Numnmis Adulrefers to the class of Judicia which he indicates in  terinis, De Falsis or Testamentaria, and De Vi
the Caecina by the term Controversiae.  The term   Psublica. But in special cases the senate still somePublica Judicia might not then:be in use, but the  times by a deoretum  appointed the consuls as
term  Publica Causa is used by Cicero (pro Rosc.  quaesitores, of which an example occurs in Cicero.
Aileer. c. 21) with reference to:a Judicium, which  (Brut. 22.)
by the Jurists would be called Publicum.  In the    Any person, not legally disqualified, might be
Digest (48. tit. 1. s. 1) it is stated that all Judicia  an accuser (accusastor) in a Judicinun Publicunm.
are not Publiea in which a crimen was the matter  On such an occasion a praetor generally presided
in question, but only those in which the offence  as quaesitor, assisted by a judex quaestionis and a
was prosecuted under some lex, such as the Julia  body of judices called his consilium.  The judex
Majestatis, Cornelia de Sicariis, and others there  quaestionis was a kind of assistant to the presiding
enunerated.  The Judicia Popularia or Populares  magistratus, according to some opinions; but others
Actiones as they are called (Dig. 47. tit. 23. s. 1)  consider him to be a quaesitor, who was sometimes
are defined to be those by which " snum  jus  specially appointed to preside on the occasion of a
populus tuetur;"  and they agreed with the Pub-  quaestio. (Walter, Geschiclte des RMimi. Rec.ls
lica Judicia in this, that any person might be  p. 861.)  The judices were generally chosen by
the prosecutor, who was not under some legal dis-  lot out of those who were qualified to act.  Both
qualification.  The Judicia Populi (Cic. Brut. 27)  the accusator and the reus had the privilege of
were those in which the populus acted as judices;  rejecting or challenging (rejicere) such judices as
and accordingly Cicero enumerates the Popipli Ju-  they did not like.  (Cic. ad Att. i. 16.)  The judicia among others when he says (pro Demo, c, dices appointed according to the provisions of the
13) that " nihil de capite civis, ant de bonis, sine  Lex Licinia de Ambitu, B. c. 55, were called
judicio senatus ant popldi aut eorum qui de quaque  edititii, and these were judices named by the ac.
re constituti judices sint, detrahi posse."  As the  cuser, whom  the accused (reus) could not chalJudicia Publica are defined by the jurists to be  lenge.  (Cic. pro CnE. Plancio, 15, 17, ed. WVunthose in which crimina were tried by a special lex,  der, Proleyom.  p. lxxvi.)  The judices were called
it appears that the Judicia Populi, strictly so  editi, when they could be challenged by the reus.
called, must have fallen into disuse or have gradu-  In many cases a lex was passed for the purpose of
ally become unnecessary after the Judicia Publica  regulating the mode of procedure.  In the matter




JUDEX, JUDICIUM.                                  J-UDEX, JUDICIUM.                 6149
of Clodius and the Bona Dea, the senate attempted  terra and Stupra, Parricidium, Falsum, Vis Plubto carry a lex by which the praetor who was to  lica and Privata, Peculatus, Repetundac, Ambitus,
preside at the trial -should be empowered to select which are treated cinder their several heads.
the judices, the effect of which would have been to  With the passing of special enactments for the
prevent their being challenged by Clodius.  After punishment of particular offences, was introduced
a violent struggle, a lex for the regulation of the  the practice of forming a body of Judices for the
trial was proposed by the tribune Fufius and car- trial of such offences as the enactments were diried: it only differed from the lex recommended  rected against.  Thus it is said that the Lex Cal.,
by the senate in the mode of determining who  purnia De Pecuniis Repetundis established the
should be the judices (judicumz genus): a differ.. Album Judicum  Selectorum, or the body out of
ence however which  was not unimportant, as  which Judices were to be chosen. It is not knowin
it secured the acquittal of Clodius,  The judices  what was the number of the body so constituted,
voted by ballot, and a majority determined the  but it has been conjectured that the number was
acquittal or condemnation of the accused.  If the  350, and that ten were chosen from  each tribe,
votes were equal, there was an acquittal (Plut. and thus the origin of the phrase Decuriae JudiAlalsius, 5). Each judex was provided with three  cum is explained.  It is easy to conceive that the
tablets (tabetlae), on one of which was marked  Judicia Populi, properly so called, would be less
A, Absolvo; on a second C, Condemno; and on.a  frequent as special leges were framed for particular
third N. L., Non liquet.  The judices voted by  offences, the circumstances of which could be
placing one of these tablets in the urn  (zusa, better investigated by a smaller body of Judices
Juv. Sat. v. 4), which was then examined for the  than by the assembled people.  It is affirmed that
purpose of ascertaining the votes. It was the duty 1up to the passing  of the Calpurnia Lex, the
of the magistratus to pronounce the sentence of Judices were chosen from  the senators only, but
the judices; in the case of condemnation, to ad-  after this time they were not taken from that body
judge the legal penalty; of acquittal, to declare  exclusively; and further, that not only the Juhim  acquitted; and of doubt, to declare that the  dices in the Quaestiones de Repetundis, but also
matter must be further investigated (amzplius cogno- the Judices in private matters were from the date
sceendumn).                                        of this lex taken from the Album Judicum which
Mention is often made of the Jndlicla Populi in the  lwas annually made (Goettling, Gesclichlee der Ri~;2.
Latin writers.  A  Judicium  was commenced by  Stacltsves:fissunsg, p. 425); for which there appears
the accuser, who must be a magistratus, declaring  to be no evidence.  Some modern writers affirm
in a contio, that he would on a certain day accuse  that by the Lex Calpurnia the Judices were chosen
at certain person, whom he named, of some offence, by the Praetor annually out of the body of senlawhich he also specified.  This was expressed by  tors, and arranged according to their tribes; and
the phrase " diem dicere" ( VirginZius Coesosi caui- that the necessary  number for each trial was
(is dies m dicit, Liv. iii. 11). If the offender held any  chosen out of this body by lot.
high office, it was necessary to wait till his time of    As many of those who were tried in the quaesservice had expired, before proceedings could be  tiones perpetuae belonged to the class of the Opthus commenced against him.  The accused was  timates, it often happened that the Judices acrequired to give security for his appearance on the  quitted those members of their own body, who
day of trial; the security was called vades in a  would have been convicted by impartial judices.
causa capitalis, and praedes when the penalty for Accordingly a struggle arose between the popular
the alleged offence was pecuniary.  If such seci- party and the Optimates, whom the popular; party
rity was not given, the accused was kept in con- wished to exclude from the office of Judex.  The
finement. (Liv. iii. ] 3.)  If nothing prevented the  lawvs which relate to the constitution of the body
inquiry from  taking place at the time fixed for it, of Judices are called Judiciariae, whether these laws
the trial proceeded, and the accuser had to prove  related only to this matter, or made rules about
his case by evidence.  The investigation of the  it anld other things also,  The first lex which ex.
facts was called Anquisitio with reference to the  cluded the Senators from  the Album  judicum
proposed penalty: accordingly, the phrases pecunia, selectorumn  was a Lex Sempronia of C. Gracchus,
capite or capitis anquirere, are used. (Liv. xxvi. 3.)  B. c. 123, in accordance with which the judcices
When the investigation was concluded, the magis-  were taken only from the Equites.  This arrange.tratus promulgated a rogatio, which comprehended  ment 1,asted above forty years, and gave satisfacthe charge and the punishment or fine.  It was a  tion to the popular party; but it did not work
rule of law that a fine should not be imposed toge- well in all respects, because the magistrates in the
ther with another punishment in the same rogatio. provinces favoured the rapacity of the Publicani, in
(Cic. pro Dose?. C. 17.)  The rogatio was made  order to keep on good terms with the Equites,
public during three eundinae, like any other lex; to which class the Publicani belonged. (Cic.  errs.
and proposed at the conitia for adoption or re- iii. 41.)  A  Lex Servilia Caepionis B. c. 106 is
jection.  The form of the rogatio, the effect of said to have repealed the Sempronia Lex; but
which was to drive Cicero into banishment, is this Lex Servilia was itself repealed by a Lex
given in the Oration Pro  D.ozo, c. 18.  The ac- Servilia Glauciae repetundarum, probably in B. C.
cused sometimes withdrew  into exile before the  104.  This Lex is said to have given the Judicia
votes Nwere taken; or he might make his defence, to the Equites, and consequently it either repealed
of which we have an instance in the oration of the Lex of B. C. 106 indirectly, or it may merely
Cicero for Rabirius.  Though these were called  have confirmed the Lex Sempronia; for the real
Judicia Populi, and properly so in the early ages  nature of the Lex of B. c. 106 is hardly ascerof the state, the leges passed in such jndicia in the  tainable.  There is a passage in Tacitus (Aneal.
latter period of the republic were often Plebiscita.  xii. 60) in which he speaks of the Servilicae leges
The offences which were the chief subject of restoring the Judicia to the senate.   The Lex
Judicia Populi and Publica were hMajestas, Adul-  Servilia of B. c. 104 excluded from the function of




650         JUDEX, JUDICIIJUE                                JUDEX,.JUDICIUNM.
Judices   every person who ihal been tribunus  iPhil. i. 8, v. 5; Sueton. J. Ctes. c. 41.) It seems
plebis, quaestor, triunmvir capital's, tribunus mili-  probable that the expression ex centuriis, which is
turn in one of the first four legions, triumvir agris  used by Asconius in speaking of the change introdandis assignandis, who was or had been in the  duced by this Lex Pompeia, had reference to the
senate, who was infamis, every person who was  admission of the centurions into the third class of
under thirty or above sixty years of age, every  judices.
person who did not live in Rome or in the imnoe-    Auoustus, who altered the whole constitution of
diate neighbourhood, every father, brother, or son  the body of judices by his leges judiciorum pub.
of a person who was or had been in the senate, licorum  et privatorum, added  to  the existing
and every person who was beyond seas.  The  three Decuriae Judicum, a fourth Decuria, called
Praetor who presided in this Qua-:stio, was to  that of the Ducenarii, who had a lower pecuniary
choose 450 judices, from  whom  the Judices for qualification, and only decided in smaller matters
the particular case were to  be taklen by lot. (de levioribus sunsmmis, Sueton. Aug. 32).  Cali(Fragmenta Legis Serviliae Repetundarum, &c. gula (Sueton. Cali q. 16) added a fifth Decuria,
C. A. C. Klenze, Berlin, 1825, 4to.)             in order to diminish the labours of the judices.
The attempts of the tribune M. Livius Dru-  Augustus had already allowed each Decuria, in its
sus the younger had no result [LEGES LIVIAF]. turn, an exemption for one year, and had relieved
A Lex Plautia B. c. 89 enacted, that the Judices  them from sitting in the months of November and
should be chosen by the tribes, five by each  December.  The whole number of judices was
tribe, without any distinction of class.  The Op- raised by Augustus to near 4000 (Plin. Hist.
timates triumphed under L. Cornelius Sulla, who  Nat. xxxiii. 7); and  the judices in civil cases
by a Lex Cornelia B. c. 80 enacted that the Ju-  were taken out of this body.  They were chosen
dices should be taken exclusively from the Sena- by the Praetors out of the persons who had the
tors. But a Lex Aurelia (B. c. 70) enacted that the  property qualification, and the duty of serving
Judices should be chosen from the three classes -   as a judex thus became one of the burdens to
of Senators, Equites, and Tribuni Aerarii (Vell. ii. which citizens were liable.
32.)  The Tribuni Aerarii were taken from  the    As to the whole number of judices, included at
rest of the citizens, and were, or ought to have  any given time in the Album Judicum, it seems
been, persons of some property.  Thus the three  almost impossible to state any thing with precidecuriae of Judices were formed; and it was either sion; but it is obvious from what has been said,
in consequence of the Lex Aurelia or some other that the number must have varied with the varilex that, instead of one urn for all the tablets, ous changes already mentioned.  After the time of
the decuriae had severally their balloting urn, so  Augustus the number was about four thousand,
that the votes of the three classes were known. and from this period, at least, there is no doubt that
Dion Cassius (xxxviii. 8) ascribes this regulation to  the Album Judicum  contained the whole number
a Lex Fufia, and he says that the object was that of persons who were qualified to act as judices,
the votes of the decuriae (evO77, yEr's) might be  both in Judicia Privata and Judicia Publica.  The
known, though those of individuals could not, fourth Decuria of Augustus was limited in its funcowing to the voting being secret.  It is not known  tions to the Judicia Privata in which the matter in
if the Lex Aurelia determined the number of Ju- dispute was of small value.   It is often stated
dices in any given case.  A Lex Pompeia passed  by modern writers, without any qualification, that
in the second consulate of Pompey (n. c. 55), the various changes in the judiciary body from the
seems to have made some modifications in the Lex  time of the Lex Calpurnia to the end of the reAurelia, as to the qualification of the Judices; but public had reference both to the Judicia Publica
the new provisions of this lex are only known  and Privata; though it is also stated that the obfrom Asconius, who explains theln in terms which  jects of these various enactments were to elevate
are very far from being clear.  The Lex Pompeia  or depress one of the great parties in the state, by
de Vi, and De Ambitu (n. C. 52) determined that extending or limiting the body out of which the
eighty judices were to be selected by lot, out of judices in any given case were to be chosen. But
whom  the accuser and the accused might reject it is obvious that these reasons do not apply to the
thirty.  In the case of Clodius (B. c. 61), in the  matter of Judicia Privata, in which a single judex
matter of the Bona Dea, there were fifty-six judices. generally acted, and which mostly concerned matIt is conjectured that the number fixed for a given  ters of property and contract. -Accordingly, a recase, by the Lex Aurelia, was seventy judices.   cent writer (Walter, Geschiclte des RMOz. Recets,
A Lex Judiciaria of Julius Caesar (Sueton. Jul. p. 716) has observed with more caution than some
41; Cic. Philip. i. 8) took away the decuria of of his predecessors, that " there is no doubt that
the Tribuni Aerarii, and thus reduced the judices  from the time of Augustus the Album  Judicum
to two classes (geneCra, the yiE'o of Dion Cassius). had reference to the judices in civil matters, but
A Lex Judiciaria, passed after his death by M. that as to earlier times a difficulty arises from
Antonius, restored the decuria of the Tribuni the fact that while the Lex Sempronia was in
Aerarii, but required no pecuniary qualification  force, by which the senators were excluded front
from  them: the only qualification which this lex  the Album Judicum, a Consularis is mentioned as
required was, that a person should have been a a judex (Cic. de O.f. iii. 19); and, on the other
centurion or have served in the legions. It appears  hand, an Eques is mentioned as a judex at a time
that the previous Lex Pompeia, Lex Aurelia, and  when the Lex of Sulla was in force, and consea Lex of Caesar, had given to those who had been  quently senators only could be judices.  (Cic. Pron
centurions (qzi ordimnes duxerant) the privilege of Rose. C'on. c. 14.)"  These instances certainly are
being judices (jaudicatus), but still they required a  inconsistent with the fact of the Judicia Privata
pecuniary qualification (census).  The Lex of An- being regulated by the various Legis Judiciariae 
tonius, besides taking away the pecuniary qualifi- but they are of small weight, colmpared with the
cation, opened the judicia to the soldiers.  (Cic. reasons derivable fiom the character of the two




$JUDEX PEDANEUS.                                        JUGERUM.                    651
kinds of Judicia and the difference inll the mode of est qui negotia humiliora disceptent."  (Cod. S3.
procedure, which render it almost a matter of de- tit. 3. s. 5.)  The proceedings before this new kind
nionstration that the various changes in the judi-  of Judices Pedanei were the same as before the
ciary body had reference to the Qusaestiones and  praeses.  Some modern writers are of opinion that
Judicia Publica.  It is true that some of these  these new pedanei judices did not form a permaleges may have contained provisions even as to  nent colurt, but only decided on mlatters which were
Judicia Privata, for many of the Roman leges con- referred to them by a superior a thority.  (Cod. 3.
tained a great variety of legislative provisions, and  tit. 3.) The reason of these judices receiving a disit is also true that we are very imperfectly ac- tinctive name is conjectured to be this, that the
quainted with the provisious of these Leges Judi-  magistrate himself was now generally called Judex.
ciariae; but that the regulation of the Judicia  The Greek translation of Pedanens is Xa,uailPrivata was included in their provisions, in the  IcKais (Theophil. iv. 15. pr.)          [G. L.]
snme form and to the same extent as that of the    JUDEX  QUAESTlOiNIS. [JUDEX, p. 648.]
Judicia Publica, is an assertion totally unsupported  JUDICA'TI ACTIO.  A  thing was a Res
by evidence, and one which leads to absurd con- judicata, when the matter in dispute had been declusions.  Two Leges Juliae together with' a Lex  termined by a judicial sentence; and the actio
Aebutia put an end to the Legis Actiones (Gaists, judicati was a mode which the successful party
iv. 30); and a Lex Julia Judiciaria limited the  might adopt, for obtaining a decree of the magistime of the Judicia Legitima (Gaius, iv. 104): but tratus by which he could take possession of the
it does not appear whether these leges were passed  property of the person who had lost the cause and
solely for these objects, or whether their provisions  had not satisfied the judgment.  The plaintiff in
were part of some other leges.                     the actio judicati was also protected in his possesBethmann-Hollweg (Tandbbuch des Civilporozesses, sion of the defendant's property by a special interp. 13) observes: " the establishment of a more  dict, and he woas empowered to sell it.  The party
limited body of ju.dices out of the senatorial body  condemned was limited as to his defence. Origin(album  judicsum  selectoruman), A. v. c. 605, the  ally the judicatus was obliged to find a vindex
transfer of this privilege to the equites, by C.  (rindiceno dare); but in the time of Gaius it had
Gracchus, the division of it between both classes  become the practice for him  to give security to
after long struggles and changes, and even the  the amount of the judgment (jumdicatumn solvi satisgiving it to the third class, whereby three classes  dare).  If the defendant pleaded that there was
or decuriae of judices were established; all these  no res judicata, he was mulcted in double the
changes, which were so important in a constitutional amount of the judgment, if his plea was false.
point of view, referred especially to the criminal    The actio judicati, as a peculiar obligation, is
proceedings which were politically so important."   merely the development and completion of the
Though the general character of the Roman  obligatio which is founded on the Litis ContesJuldicia, and the modes of procedure both in civil tatio; but this peculiar obligatio is merely another
and criminal matters, are capable of a sufficiently  form of execution, and it participates in the general
clear exposition, there is much uncertainty as to  nature of the process of execution.  The general
many details, and the whole subject requires a  nature of the actio judicati appears from  the folcarefiul examination by some one who combines  lowing passages.  (Dig. 42. tit. 1. s. 4, 5, 6, 7, 41.
with a competent knowledge of the original autho-  ~ 2, 43, 44, 61).  Savigny, Systeem, &c. vi. p. 411.
rities, an accurate acquaintance with the nature of    (Gaius, iv. 9, 25, 171, 102; Cic. pro Flacc. 21;
legal procedure.                                   Paulus, S. R. 1. tit. 1.9.)            [G. L.]
The following works may be referred to:-           JUIDICES  EDITI, EDITFITII.  [JUDEX,
Walter, Gesc/lic/lte des Rlem. Rteclts; Goettling, p. 646.]
ceseliclste der R Mmt. Staatsversfassuq; Heinec-    JUDI'CIA  DUPLI'CIA. [FAMILIAL  ERCIsCillS, Sytcagima, &c.; Tigerstrorm, De Judicibus  CUNDAE ACTmI.]
apud Rolmanos, Berl. 1826, valuable only for the    JUDI'CIA   LEGI'TIMA.   [ImPERIUM, p.
collection of the original authorities: Keller, reber  628, b., p. 629, a.]
Litis Contestation uad U't/oeil, &e. Ziirich, 1827;    J UDI'CIA QUAE IMPE'RIO. [IMPERIUM,
IBethmnann-Hollweg, Icandbuch des (ivilprozesses,  p. 628, b, p. 629, a.]
Bonn, 1834; P. lnvernizii, De Piulhicis et C'rilmsi-    JUDI'CIUM.  [JuDEx.]
naclibzs Judiciis Romanorum2, Libri Tres, Leipzig,    JUDI'CIUM  PO'PULI.  [JUDEX, p. 648.]
1846; Puchta, Instit i. i. ~71, ii. ~ 151, &c.;    JUDI'CIUM  PRIVA'TUM, PU'BLICUM.
Gaius. iv.; Dig. 5. tit. 1. De Judiciis; Dig. 48.  [JUDEx, p. 648.]
De Jmsdiciis Publicis; In.st. iv. tit. 18.)  [G. L.]  JU'GERUM  or JUGUS (the latter form, as a
JUDEX  ORDINA'RIUS.  [JUDEr  PEnA-  neuter noun of the third declension, is very comNEUS.]                                             mon in the oblique cases and in the plural), a
JUDEX PEDA'NEUS. The origin and mean-  Roman measure of surface, 240 feet in length and
ing of this term  seem to be unknown.  It is not  120 in breadth, containing therefore 28,800 square
used by the classical Roman writers.  The judices  feet. (Colum. R. R. v. 1. ~ 6; Quintil. i. 18.)  It
to whom the praetor or praeses referred a matter in  was the double of the Actus Qusadratus, and from
litigation with the usual instructions, were some-  this circumstance, according to some writers, it
times called Pedanei.  (Theophil. iv. 15; Cod. 3. derived its nalne. (Varro, L. L. v. 35, Miiller,
tit. 3.)  Subsequently the praeses, who was now  R.R. i. 10).  [AcTus.]  It seems probable that,
sometimes designated Judex Ordinarius or Judex  as the word was evidently originally the same as
simply (Cod. Theod. 1. tit. 7), decided most matters jZgus orjuigun, a yoke, and as actuzs, in its original
without the intervention of a Judex; but still he  use, meant a path wide enough to drive a single
was empowered to appoint a permanent body of beast along, that jigermuiz   originally meant a path
judices for the decision of less important matters,  wide enough for a yoke of oxen, namely, the
and these also were called Judices Pedanei, 6" hoc  double of the actas in width; and that when actus




f652               JUGUM.                                              JUGUM.
was used for a square measure of surface, theju-  shown in the upper figure of the woodcut, or of the
ersm72, by a natural analogy, became the double of excavations (yxviSa1) cut in the yoke, with the
the actus quudeatuts; and that this new meaning  baslds of leather (lora; vincla, Tib. ii.. 7; Taav.
of it superseded its old use as the double of the  poBerw7 1l3psra,  EraoXvI,  Brunck, Anal. iii. 44,
single actus.  The uncial division [As] was ap-  XAradSra), which are seen in the lower figure.
plied to the jugerum,, its smallest part being the
scmrpulu7s. of 10 feet square, =-100 square feet.
Thus the jugeerum contained 288 scrupula. (Varro,
R. R. 1. c.)  The jugerum was the common measure of land among the Romans.  Two juygera
formed an LeresdiuZm, a hundred lherediac  a ce/ntmua,
and four ceeturiae a saltus.  These divisions were
derived from  the original assignment of landed
property, in which two jugera were given to each
citizen as heritable property.  (Varro, I.c.; Niebuhr, Hist. of Romee, vol. ii. pp. 156, &e., and Appendix ii.)                             [P. S.]
JUGUM  (Cv-ybs, Cvryb), signified in general
that which joined two things together. It denoted
more especially,
1. In architecture any cross beam (Vitruv. x. 8.
19).
2. The transverse beam  which united the iupright posts of a loom, and to which the warp was
attached. (Ovid. Met. vi. 55.)  [TELA]
3. The transverse rail of a trellis (Varro, de Re    This figure also shows the method of tying the
Rust. i. 8; Col. dee Re Rust. iv. 17, 20, xii. 15, yoke to the pole (terno, pviCo's) by means of a
Geopon. v. 29), joining the upright poles (perticae,  leathern strap (Cvuyddf3sEoc, Hom. II. v. 730, xxiv.
XapaKes) for the support of vines or other trees. 268-274), which was lashed from  the two op[CAPITRauM.]  Hence by an obvious resemblance  posite sides over the junction of the pole and yoke.
the ridges uniting the tops of mountains were  These two parts were still more firmly connected
called juga monutizz.  (Virg. Eel. v. 76; Flor. ii. by means of a pin (ElsoAxos, Schol. in Eurip. Hip3, 9, 17, iii. 3.)                                 pol. 666;  (E'rocp, Hom. I. c.; Arrian. Eped.
4. The cross-bar of a lyre. (Hom. II. ix. 187.)   Alex. ii. p. 85, ed. Blan.; *UeSpvoov, Hes. I. c.),
5. A  scale-beam, and hence a pair of scales  which fitted a circular cavity in the middle of the
[LIBRA].   The constellation Libra was conse-  yoke (3paXbss, Hom. 1. e.). Homer represents the
quently also called Jugum. (Cic. Div. ii. 47.)     leathern band as turned over the fastening thrice
6. The transverse seat of a boat.  (Aeschyl. in each direction.  But the fastening was someAgain. 1608; Soph. Ajax, 247; Virg. Aez. vi. times much more complicated, especially in the case
411.)  This gave origin to the term  5vyiyl-s, as  of the celebrated Gordian knot, which tied the
applied to a rower.  A vessel with many benches  yoke of a common cart, and consisted only of flexior banks for the rowers was called v-qs sroXv(?,yos  ble twigs or bark, but in which the ends were so
or iT'rci7os,   (Hom. i. iii. 293, xx. 247.)       concealed by being inserted within the knot, that
7. The yoke by which ploughs and carriages  the only way of detaching the yoke was that which
were drawn.  The yoke was in many cases a  Alexander adopted. (Arrian, L. c.; Q. Curt. iii. 2;
straight wooden  plank  or pole laid upon the  Schol. in Eurip. 1. e.)
horses' necks;.but it was commonly bent to-    Besides being variegated with precious materials
wards each extremity, so as to be accommodated  and with carving, the yoke, especially among the
to the part of the animal which it touched (cuarv    Persians, was decorated with elevated plumes and
juga, Ovid. Fast. iv. 216, Trist. iv. 6. 2).  The  figures.  Of this an example is presented in a
following woodcut shows two examples  of the  bas-relief from Persepolis, preserved in the British
yoke, the upper from a MS. of Hesiod's Works  Museum.  The chariot of Dareius was remarkable
and Days, preserved at Florence, the lower from a  for the golden statues of Belus and Ninus, about
NIS. of Terence belonging to the Vatican library.  eighteen inches high, which were fixed to the yoke
These may be compared with the still ruder forms  over the necks of the horses, a spread eagle, also
of the yoke as now used in Asia Minor, which are  wrought in gold, being placed between them.  (Q.
introduced in the article ARATRUM.  The practice  Curt. iii. 3.)  The passages above cited show that
of having the yoke tied to the horns and pressing  when the carriage was prepared for use, the yoke
upon the foreheads of the oxen (ccpite, inon cervice  which had been laid aside, was first fastened to
junctis, Plin. IH. N. viii. 70), which is now com-  the pole, and the horses were then led under it.
mon on the continent of Europe, and especially in  Either above them, or at the two ends of the
France, is strongly condemned by Columella on  yoke, rings were often fixed, through which the
grounds of economy as well as of humanity.  (De  reins passed.  These frequently appear in works of
Re Rust. ii. 2.)  He recommends that their heads  ancient art, representing chariots.
should be left free, so that they may raise them      Morningf and evening are often designated in
aloft and thus make a much handsomer appearance.  poetry by the act of putting the yoke on the oxen
(Cic. Nat. Deor. ii. 63; Ovid. MlTet. vii. 211.)  (Hes. Op. et Dies, 581) and taking it off. (Hor.
All this was effected by the use either of the two  Car'7. iii. 6. 42; Virg. Ecl. ii. 66; Ovid. Fast.
collars (suebjugia, Vitruv. x. 3. 8; jtecU'a, I-Iesiod.  v. 497; 3ovuSvo-s, f3ouvvrbs, Arrian, I c.; Hom,
aO. et Dies, 469; Proclus, ad loc.; CE-yXat, Hom. II. xvi. 779; Cic. ad Att. xv. 27; BovXAurtos  Sp-S
n. xix. 406; Schol. ad Apoll. Riod. iii. 232)  Arat. Dies. 387.)




JURGIUM.                                       JUIt!SCONSULTI.                 653
By metonymy ju/yum  meant the quantity of    JURI'DICI.  Under Hadrian, Italy was diland which a yoke of oxen could plough in a day.  vided into five districts, one of which contained
(Varro, de Re Rust. i. 10.)  It was used as equi-  Rome, and continued ill the same relation to the
tealent to the Latin par and the Greek  eOryos, as  Roman praetor that it had been before the division
in aquilar?7n jugunz.  (Plin. II. N. x. 4, 5.)  By  of Hadrian.  Each of the other four districts reanother figure the yoke meant slavery, or the con- ceived a magistratus with the title of consularis,
dition in which men are compelled against their  who had the higher jurisdiction, which was taken
will, like oxen or horses, to labour for others. from  the municipal magistrates.  We may also
(Aeschyl. Again. 512; Florus. ii. 14  Tacit. Agric. infer that the court of the consularis was a court of
31; lIor. Sat. ii. 7. 91.)  Hence, to express sym-  appeal from the inferior courts in the matters which
bolically the subjugation of conquered nations, the  were left to their jurisdiction. (Spart. Hadrian. 22;
Romans made their captives pass under a yoke (sub  Capitol. Pius, 2.)  This arrangement of Hadrian
jzaum milttere), which, however, in form  and for was an advantage to the Italians, for before this
the sake of convenience, was sometimes made, not time the inhabitants had to go to the Roman
like the yoke used in drawing carriages or ploughs, praetor's court for all matters which were not
but rather like the jugum described under the tvo  within the jurisdiction of the duumviri; for we
first of the preceding heads; for it consisted of a  must assume that the consulares resided in their
spear supported transversely by two others placed  districts.  Id. Aurelius placed functionaries with
upright.                               [J. Y.]    the title of Juridici in the place of the Consulares
JUGUMENTUMI.  [JANUA, p. 624, b.]                (Puchta, Instit. i. ~ 92; and note (m) on the passJUNIO'RES.  [COMLTIA. p. 3383]                  age of Appian, Bell. Civ. i. 38)..    [G. L.]
JURA  IN  RE.  [DoMINIUM.]                         JUR1'DICI CONVENTUS [PROVINCIA].
JIJRE  ACTIO, IN.  [JURISDICTIO.]                  JURISCONSULTI or JURECONSULTI
J[IRE CESSIO, IN, was a mode of trans- The origin among the Romans of a body of men,
ferring ownership by means of a fictitious suit, and  who were expounders of the law, may be referred
so far resembled the forms of conveyance by fine  to the separation of the Jus Civile from the Jus
and by common recovery, which, till lately, were  Pontificium.  [Jus CIVILE FLAVIANUM.]  Such
in use in England. The In Jure Cessio was appli-  a body certainly existed before the time of Cicero,
cable to things Mancipi and Nec Mancipi, and  and the persons who professed to expound the law
also to Res- Incorporales, which, from their nature, were called by the various names of jurisperiti,
were incapable of tradition.  The parties to this jurisconsulti, or consulti simply.  They were also
transaction were the owner (dominus qui cedit), the  designated by other names, as jurisprudentes, pruperson to whom it was intended to transfer the  dentiores, peritiores, and juris auctores.  The word
ownership (vindicans, cui ceditur), and the magis-  which Plutarch uses is VOxo06Esi rT  (Tib. Graccr.
tratus, qui addicit.  The person to whom  the  9), and voul;rs (Sulla, 36.)  Cicero (Top. 5) enuownership was to be transferred, claimed the thing  merates the jurisperitorum  auctoritas among the
as his own in presence of the magistratus and the  component parts of the Jus Civile.  The definition
real owner; the magistratus called upon the owner of a jurisconsultus, as given by Cicero (De Or. i.
for his defence, and on his declaring that he had  48), is, "a person who has such a knowledge of
none to make, or remaining silent, the magistratus  the laws (leyes) and customs (consuetudo) which
decreed (addixit) the thing to the claimant.  This  prevail in a state as to be able to advise (responproceeding was a legis actio.                      dendum), act (agendum), and to secure a person in.
An hereditas could be transferred by this pro-  his dealings (carendum) ): Sextus Aelius Catus [Jus
cess [CHERES, p. 601, b.]; and the res corporales, AELIANUMi], M. Manilius, and P. Mucius are exwhich belonged to the hereditas, passed in this way  amples."  In the oration Pro Maurena, Cicero uses
just as if they had severally been transferred by  " scribere" in the place of "agere."  The business
the In Jure Cessio.                                of the early jurisconsulti consisted both in advising
The In Jure Cessio was an old Roman institu- and acting on behalf of their clients (consultores)
tion, and there were provisions respecting it in the  gratuitously.  They gave their advice or answers
Twelve Tables. (Frag. VFat. s. 50.)                (responsa) either in public places which they at(Gaius. ii. 24; Ulp. Frag. tit. 19. s. 9.)  [G. L.]  tended at certain times, or at their own houses
JU'RGIUM  is apparently a contracted form of (Cic. de Or. iii. 33); and not only on matters of
Juridicium.  The word had a special legal mean- law, but on any thing else that might be referred
ing, as appears from a passage of Cicero, De Re-  to them.  The words " scribere" and " cavere "
publica, quoted by Nonius: " Si jurgant, inquit, referred to their employment in drawing up formal
benevolorum concertatio, non Ihs inimicorum jurgiiim  instruments, such as contracts or wills, &c.  At a
dicitur.  Et in sequenti: Jurgare igitur lex putat later period, many of these functions were perinter se vicinos, non litigare.'? Rudorff states that formed by persons who were paid by a fee, and
the small disputes which arose between owners of thus there arose a body of practitioners distinct
contiguous lands within the " quinque pedes"  from those who gave responsa and who were writers
(Cic. de Leg. i. 18) were comprehended under the  and teachers.  The earlier jurisconsults cannot be
term  Jurgium.  He refers for a like rise of the  said to be the same kind of persons as those of a
word to Horace (Ep. ii. 1. 38, and ii. 2. 170),    later period.  Law  had not then assumed a scientific foam.  The fitst whom Pomponins mentions
Sed vocat usque sum, qua ppulus adsita certis *.was Papirius, who is said to have made a collection
Limnlitibus vicina refugit jurgia.
imitibus  vcn   efnt jurgia.  of the Leges Regiae.  Tiberius Coruncanius, a
(Rudorff, Zeitschrift, &c. vol. x. p. 346, Ueberdie  plebeian, who was consul B. c. 281, and also the
Griinzschleiduns.qskllae.)                         first plebeian Pontifex Maximus, is mentioned as
Compare also Cicero, de Legius, ii. 8. " Feriis  the first who publicly professed (publice projurgia amovento;"  and Facciolati, Lexicon., s. v. fissus est), and he was distinguished both for his
ruryfium.                              1[G. L.]    knowledge of the law and his eloquence.. He left




6.;54        JU RISCONSULTI.                                     JURISCONSULTI..no writings.  It must not, however, be assumed  a jurist.  This privilege gave to a jurist the conthat Coruncanius was a professor of law  in the  dition of a Juris auctor, and to his writings legal
nmodern sense of the term; nor anly other of the  authority, neither of which belonged to a jurist
jurists alter him who are enumerated by Pomponius.  who had not received the privilege.  Accordingly,
Before the time of Cicero the study of the law  the writings of such privileged jurists received the
had becolne a distinct branch from  the study of same authority as their responsa,; and  if the
oratory, and a man might raise himself to eminence  opinions of the Juris auctores, as expressed in
in the state by his reputation as a lawyer, as well  their writings, did not agree, the Judex was left
as by his oratorical power or military skill. There  to decide as he best could.  This explanation of
were mnany distinguished jurists in the last two  the nature of the Jus Respondendi, which is by
centuries of the republican period, amlong whom   Puchta (Instit. i. ~ 11 7), is applied by him to the
are M'. Manilius; P. Mucius Scaevola, Pontifex  elucidation of the passage in Gaius (i. 7. Responsa
Maximus (B. c. 131); Q. Mucius ScaevoIla, the  prudentium sunt sententiae et opiniones, &c.). lie
alugur; and Q. Muoius Scaevola, the son of Publius, supposes that this interpretation of the passage is
who was consul a. c. 95, and afterwards Pontifex  strictly conformable to what has been said of the anMaximus, and one of the masters of Cicero (jsr'is- thority of the writings of the jurists.  If we leave
peritormin eloquentoissi-ses, eloqentium  iorispelitiss8-  out of consideration the technical expression Res7LUS, Cic. de Or. i. 39, Brutus, c. 89). This Scae-  ponsa, with which the passage begins, there is no
vola the Pontifex, was considered to have been the  difficulty at all in applying the words of Gaius to the
first who gave the Jus Civile a systematic form, by  writings of the jurists; and, in fact, it is most colla treatise in eighteen books.  (Dig. 1. tit. 2. s. 2. sistent to take responsa in this passage in a wider
~ 41.)  There are four excerpts in the Digest from   sense, and as equivalent to auctoritas.  The term
a work of his in one book, on Definitions.  Servius  Responsa originated at a time when responsa, in
Sulpicius Rufus, the friend and contemporary of the simple sense of the terni, were the only form
Cicero, and consul B. c. 51 (Beut. 7, 40), was as  in which the auctoritas of a jurist was manifested;
greast an orator as the Pontifex Scaevola, and more  whereas in the time of Gains, the writings of the
distinguished as a jurist.  Many persons, both his  jurists had become a very important legal authority,
predecessors and contemporaries, had a good prac- and consequently they must be included by Gaius
tical knowledge of the law, but he was the first in the term  Responsa Prudentium, for otherwise
who handled it in a scientific manner, and as he  he would not have mentioned at all the Auctoritas
had both numerous hearers and was a voluminous  Prudentium, to which he so often refers in various'writer, we may view him  as the founder of that parts of his work.  Puchta's explanation of this
methodical treatment of the matter of law which  passage, which bears the stamp of great probability,
characterised the subsequent Roman jurists (Cic. may be compared with that of Savigny (ystem,
Borut. 41; Dig. 1. tit. 2. s. 2. ~ 43), and in which  &c. vol. i. p. 155).
they have been seldom surpassed.                      In the time of Anugstus there arose two schools
The jurists of the imperial times are distin-  (scelolae) of Jurists, the heads of which were reguished from those of the republican period by two  spectively Ateius Capito and Antistius Labeo. The
circumstances, the Jus Respondendi, and the rise  followers of Labeo, whom we know with certainty
of two Schools of Law.                             to have been such, were Nerva, Proculus, Nerva
It is said that Augustus determined that the  the son, Pegasus, Celsus, Celsus the son, and
Jurisconsulti should give their responsa under his  Neratius Priscus.  The followers of Capito were
sanction  (ex auctoritate ejus respondetrenr).  The  Massurius Sabinus, C. Cassius Longinus, Coelius
jurists who had not received this mask of imperial  Sabinus, Priscns Javolenus, Aburnus Valens Tusfavour, were not excluded from giving opinions;  cianus, G-aius, and probably Pomponius.  But the
but the opinions of such jurists would have little  schools did not take their namnes from Labeo and
weight in comparison with those of the privileged  Capito. The followers cf Labeo were named Proclass.  Those who obtained the Jus Respondendi  culiani, from  Proculus.  The followers of Capito
from  the Princeps, would from  this circumstance  derived their name of Sabiniani from  Massurius
alone have a greater authority, for formally their  Sabintss who lived under Tiberius, and as late as
Responsa were founded on the authority of the  the reign of Nero: they were sometimes also called
Princeps.  These responsa were given sealed (sig-  Cassiani, from  C. Cassius Longinus.  It is not
nata), apparently to prevent falsification.  The  easy to state with precision the differences which
matter proposed for the opinion of the Jtursconsuiti  characterised  the  two schools.  Whatever may
was sometimes stated in the Responsum, either  have been the origin of these differences, ewhich
fully or briefly; and the Responssm  itself was  may perhaps be partly referred to the personal
sometimes short, sometimes long   sometimes it character of Capito an-d Labeo, the schools were
contained the grounds of the opinion, and some-  subsequently distinguished by a difference in their
times it did not.  (Brisson, de Fibrom. iii. c, 85-  manner of handling the matter of the law.  The
87.)                                               school of Capito adhered more closely to what was
The responsa of a privileged jurisconsultus would  established, and to the letter of what was written.
be an authority for the decision of a j uidex; if  Labeo was a man of greater acquirements than
there were conflicting responda givenj the jiudex  Capito, and his school looked more to the internal
would of course decide as he best cotild.  But,  meaningl than to the external form, and thus, while
besides the direct responsa, which were given in  apparently deviating from  the  letter, they apparticular cases, there was the authority of the  proached nearer to true results; though the strict
writings of the privileged jurists.  As before the  logic of this school might sometimes produce a retime of Augustus, public opinion only gave autho-  sult less adapted to general convenience than the
rity to a jurist's responsa and writings, so from the  conclusions of the Sabiniani, which were based on
time of Augustus this authority was given by the  the prevailing notions of equity.  Much has been
Jus Respondendi to the responsa and writings  of  written on the characteristics of the two schools,




JURISDICT'lO.                                           JUS.          6.55
but to very little purpose.  The matter is briefly  Ilperiuin Mixtunl, or they are those which s.re
treated by Puchta.  (Ilstit. i. ~ 911.)            exercised by virtue of some lex, senatusconsu!ltum,
The writings of the jurisconsulti consisted of or authority delegated by the princeps, as the
commentarii on the Twelve Tables, on the Edict, " Tutoris datio." (Dig. 26. tit. 1. s. 6.) The Jurison particular leges, more especially on some of the  dictio of those magistratus who had no Imperium,
Juliae Leges, and on other matters.  The later was limited in consequence of not having the Imjurists also commented on the writings of the earlier perium, and therefore was not Jurisdictio in the
jurists.  They also wrote elementary treatises (ele- full meaning of that term.  [IMPEaRIM; MAGIsmenta, com7noentarii), such as the Institutiones of TRATUS.]  Inasmuch as Jurisdictio in its special
Gaius, which is the earliest work of the kind that sense, and the Imperium  Mixtum, are component
we know  to have been written; books called  parts of Jurisdictio in its wider sense, Imperium
Regulae, and Definitiones, which probably were  may be said to be contained in or incident to
collections of maxims and legal principles; collec- Jurisdictio (ihnperiuno quod jurisdictioni cohaeret,
tions of cases and answers, under the various names  Dig. 1. tit. 21. s. 1).   Sometimes Imperium  is
of responsa, epistolae, sententiae, and opiniones; viewed as the term which designates the full power
systems of law; and various works of a miscella- of the magistratus; and when so viewed, it may be
neons character, with a great variety of names, considered as equivalent to Jurisdictio, in its wider
such as displtationes, quaestiones, enchiridia, res  sense, or as comprehending Jurisdictio in its narquotidianae, and various other titles.             rowest sense.  Thus Imperium  may be considered
The juristical writers were very numerous: they  as containing or as contained in Jurisdictio, according
formed a series, beginning with Q. Mucius Scae- as we give to each term respectively its wider or its
vola, the Pontifex, and ending about the time of narrower meaning.  (Puchta, Ueber den inlalt der
Alexander Severus, with Modestinus who was a  Lex Rubria, Zeitschlrsft, vol. x. p. 195.) The Jurispupil of Ulpian.  With the exception of the frag- dictio was either Voluntaria or Contentiosa. (Dig. 1.
ments preserved in the Digest, this great mass of tit. 1. 6. s. 2.) The Jurisdictio Voluntaria rendered
literature is nearly lost. [PANDECTAE.]            valid certain acts done before the magistratus, for
The mode of teaching law at Rome was of a  which certain forms were required, as adoption
practical nature.  Professors of law in the modern  and manumission.  Thus adoption, properly so
sense did not exist till the Imperial periods.  U1- called, could take place before the praeses of a propian calls them Juris civilis professores (Dig. 50. vincia (Gaius, i. ] 00); but in Rome it took place
tit, 13. s. 1. ~ 5); but there is no indication that he  before the praetor, and was said to be effected
considered himself as one of the class; nor can we  " imperio ntagistratus."  The Jurisdictio Contenconsider that such men as Julian, Papinian or tiosa had reference to legal proceedings before a
Paulius ever followed the occupation of teacher of magistratus, which were said to be in jure as oplaw.  The instruction which was given in the re- posed to the proceedings before a judex, which
publican period consisted in the Jurisconsulti al- were said to be in judicio.  The parties were said
lowing young men to be present as auditores, when  " Lege agere:" the magistratus was said jus dicere
they delivered their legal opinions, and to see how  or reddere.  Accordingly " magistratus" and " qui
they conducted their business.  (Cic. Bret. 89, Romae jus dicit " are equivalent.  (Cic. ad Fean.
Laelius, 1.)  Previous, however, to attending to  xiii. 14.)  The functions included in Jurisdictio
this practical instruction, young men were taught in this, its special sense, were the addictio in the
the elements of law, which was expressed by the  legis actiones, the giving of the formula in proceedterm  institui, whence probably the name Insti- ings conducted according to the newer process, and
tutiones was given to elementary treatises like  the appointment of a judex.  The appointing of a
those of Gaius.  Accordingly, institri and atdire,  judex, " judicis datio," was for the purpose of in.
expressed the two parts of a legal education; and  quiring into the facts in dispute between the parthis mode of instruction continued probably till ties.  The words of the formula are "Judex esto,"
near the time of Constantine.  In the Imperial &c. (Gaius. iv. 47); and the terms of the edict in
period, probably young men devoted themselves which the praetor declares that he will give a judex,
for a still longer period to attendance on those  that is, will recognise a right of action, are "Judijurists, who had the Jus Respondendi.  These  cium  dabo.'5  (Cic. pro Flacc. 35.)  Addictio beyoung amen are the juris studiosi, who are men- longs to that part of jurisdictio by which the magistioned by Ulpian and others.'thus Ulpian calls tratus himself makes a decree or gives a judgment:
MIodestinus, " studiosus meus."  As already ob- thus in the case of the In Jure Cessio, he is said
served, the class called Juris Civills Professores "rem iddicete,"  (Gaitst ii. 24.)  Addicere is to
arose under the empire, and they received from  adjudge a thing or the possession of a thing to one
those who attended them  an IHonoratiumm  ot fee. of the litigant parties.  In the case of furtum
(Ulpian, Dig..50. tit. 13. s. 1. ~ 5.)           manifestian, inasmuch as the facts would be certain,
(Pomponius, De Origine Juris, Dig. 1. tit. 2. there was ait addictio. (Gains, iv. 189.). 2; Zimmern, Geschliclte des R67nischen Privat-   Other uses of the word addictio are collected in
rechts.)                               [G. L.]    Pacciolati.
JURISDI'CTIO.   The " oficitmn' of him    It is with reference to the three terms, Do, Dicoe,
"qui jus dicit " is defined as follows (Dig. 2. tit 1i. Addico, that Varro (De Ling, Lat. vi. 30) remarks
De Jurisdictione): — " Bonorum possessiohem dare that the praetor must use one of these words " cum
potest, et in possessionemin  ittere, pupillis non  lege quid peragitur."   Accordingly, those days
habentibus tutores cbnstittieite judices litigantibus  rvete called Nefasti on which no legal business
dare."   This is the general signification of the  could be done, because the words of legal force
word Jurisdictio, which expresses the whole " offi- could not be used.  (Compare Ovid. Fast. i. 47 
ciuni jus dicentis."  The functions which are in- Macrobius, Saturn. i. 16.)              [G. L.]
d.uded in the " officium jus dicentis " belong either    JUS.  "All people," says Gaius (i. 1), "who
tc the Jurisdictio (in its special sense), or to the are governed by Leges and Mores, use partly their




6S56                 JUVS.                                                JLtS.
own law (jas), partly the law (jus) that is com-  turale explained in the sense of UIpian, and the
mon to all mankind; for the laxv (jus) which a  Jus Gentiumn explained in the sense of Gaits, as
state establishes for itself is peculiar to such state,  derived from the NTaturalis Ratio. Further, in the
and is called Jus Civile, as the peculiar law (jus)  second book (tit. 1. s. 11) the Jus Naturale is exof that state.  But the law  (jus) which natural  plained to be the sanme as Jus Gentium, and the
reason (naturalis ratrio) has established among all  Jus Naturale is said to be coeval with the human
amankind is equally observed by all people, and is  race.  Notwithstanding this confusion in the Incalled Jus Gentium, as being that law (jus) which  stitutes, there is no doubt that the two-fold diviall nations follow.  The Roman populus therefore  sion of Gains was that which prevailed in Rom.an
follows partly its own peculiar law (senez proprim,1s  jurisprudence. (Sav-igny, System, &c. vol. i. p. 413.)
juEs), partly the common law (commune jius) of all  This two-fold division appears clearly in Cicero,
manllkind."                                        who says that the old Romans separated the Jus
According to this view, all Law (jjus) is distri-  Civile fitom  the Jns Gentiumn; and he adds that
buted into two parts, Jus Gentium and Jus Civile, the Jus Civile (of any state) is not therefore Jus
and the whole body of law peculiar to any state is  Gentium, but that what is Jus Gentinum  ought to
its Jus Civile. (Cic. de Orat. i. 44.) TIhe Roman  be Jus Civile (de Off. iii. 17).
law, therefore, which is peculiar to the Roman        Those rules which regulated the declaration of
state, is its Jus Civile, sometimes called Jus Civile  war and the conduct of wvar are comprehended
Romanorum, but more frequently designated by the  under the term Jus Feciale. Some modern writers
term Jus Civile only, by which is meant the Jus  give to the term a wider signification;  and others
Civile of the Romans.                              limit it more closely.  Osenbrueggen (De JaZre
The Jus Gentium  is here viewed by Gains as  Belli et Pacis ROZCa2or'zm, p. 20. Lips. 1836)
springing ont of the Naturalis Ratio common to all  defines the Jus Feciale to be that which pre-:aankind, which is still more clearly expressed in an-  scribed the formunlae, solemnities and ceremonial
other passage (i. 189) where he uses the expres-  observed in the declaring, carrying on, and tersion " omniuln  civitatium  jus" as equivalent to  minating a war, and in the matter of treaties.
the Jus Gentium, and as founded on the Naturalis  The Romans often used the expression Jus GenRatio.  In other passages he founds the acquisi-  tium  in a sense which nearly corresponds to the
tion of property, which was not regulated by Ro-  modern phrase Law of Nations, or, as some call it,
man law, on the naturalis ratio and on the naturale  International Law. (Livy, ii. 14, vi. 1, quod lejus indifferently, thus making naturalis ratio and  gattus in Gallos, ad qluos missus erat, contra jus
naturale jus equivalent (ii. 65, 66, 69, 73, 79).  gentium   pugnasset;  xxxviii. 48; Sallust. Jzmq.
He founds Cognatio on Naturalis Ratio, as being  22.)   The term  Jus Belli (Cic. de Leg. ii. 14)
common to all mankind, and Agnatio on Civilis  is used in the same sense.
Ratio, as being purely a Roman institution (i. 158).    The origin of the opposition between Jus GenIn two passages in the Digest (1. tit. 8) he calls  tium and Jus Civile was not a speculative notion,
sanme thing Naturale Jus in s. 2, and Jus Gentitum   nor did it originate with the Jurists, though they
in s. 3, 5. (Compare Gaius, iii. 132.)  The Natu-  gave it a theoretical form.  The Jus Gentiunt  ill
rale Jus and the Jus Gentium are therefore iden-  its origin was the general law of Peregrini, actical. (Savigny, System, &c., vol. i. p. 113.) Cicero  cording to which the Romans determined the legal
(de Of//: iii. 5) opposes Natura to Leges, where he  relations among PeregriIli, a class of persons to
explains Natura by the term  Jus Gentium, and  whom  the Jus Civile was not applicable.  Con.
makes Leges equivalent to Jus Civile.  In the  sequently, the foundation of the Jus was foreign
Partitiones (c. 37) he also divides Jus into Natura  law, modified by the Romans according to their
and Lex.                                           own notions, so as to be capable of general appliThere is a threefold division of Jus made by  cation,  This is one side of the original Jus GenUlpian and others, which is as follows: Jus Civile; tium.  The other is that Law which owed its
Jus Gentium, or that which is common to all man-  origin to the more enlarged views of the nature
kind; antd Jus Naturale which is common to man  of law  among the Roman  people, and was the
and beasts.  The foundation of this division seems  development of the national character.  The two
to have been a theory of the progress of mankind  notions, however, are closely connected, for the law
from what is commonlytermed a state of nature, first  of Peregriri was that which first presented the
to a state of society,_ and then to a condition of inde-  Romans with the notion of the Jus Gentiumn, and
pendent states.  This division had, however, no  it was formed into a body of Law, independent
practical application, and must be viewed merely  of the Jus Civile, and not interfering  with  it.
as a curious theory.  Absurd as it appears at first  But the general Law of Peregrini also obtained
sight, this theory is capable of a reasonable expla-  among the Romans, as Law, and not considered
nation, and Savigny shows that it is not meant to  merely with reference to  their intercourse with
say that beasts have lawtv  but only the matter of Peregrini,  "The Law  of Peregrini and Roman
la w;that is, sonme of tlrose natural relations on  Law   dilsencumbered of all peculiarity of indiwhich legal relations are founded, exist among  vidual nations, are the two sides of the same nobeasts as well as men.  Such natural relations are  tion, which the Romans express by the term Jus
those by which the species is propagated,  (See  Gentium."  (Puchta, Instit. i. ~ 84).  The Jus
also Puchta's remarks, Instit. i. ~ 9, note a.)  Inm  Gentinum was chiefly introduced by the Edictum,the Institutes the two divisionls are confounded  as the Law of Peregrini by tile Edict of the Prae(i. tit. 2. De.Ture Natmurali, Gentium  et Civili); tor Peregrinus and the Edicta Provincialia, and as
for the explanation of Jus Naturale is first taken  Law for the Romans by the Edictum of the Praefrom  the threefold division of Ulpian, and then  tor Urbanus.
the Jus Gentium and Civile are explained accord-    The Jus Civile of thle Romans is divisible into
inl to the twofold division of Gains already quloted,  two parts, Jils Civile in the narrower sense, and
so tihat we have in the same section the Jus Nia-  Jus Pontificiuml or Sacrumn, or the law of religion.




JUS.                                               JUS.                   C,57
Tlhis opposition is sometimes expressed by the  whom  it exists: the evidence of it is usage, rewords Jus and Fas (Fas et jsran sinunt, Virg. peated and continued use: it is law when recogGceog. i. 269); and the law of things not pertain- nized by a competent authority.  There is a pas.
ing to religion and of things pertaining to it, are  sage of Ulpian (Dig. 1. tit. 3. s. 34) in which he
also respectively opposed to one another by the  distinctly speaks of confirming a consuetudo in a
terms Res Juris Humani et Divini.  (Instit. 2. judicium, which can have no other meaning than
tit. 1.)  [DoeINIrUMs.] Thus the Pontifices Max- that its force as law depended on a decision in a
imi, P. Crassus, and T. Coruncanius, are said to judicium.  And the meaning is clear, whether we
have given Responsa de omnibus divinis et hu- read contradicto or contradicts in the passage just
nianis rebus. (Cic. dc Orat. iii. 33.)             referred to.
The Law of Religion, or the Jus Pontificium,    The Roman writers indeed frequently refer to a
was under the control of the Pontifices, who in fact large part of their law as founded on Mores or on
originally had the control of the whole mass of the  the Mos M[ajorum and not on Leges. (Quintil. Instit.
law, and it was only after the separation of the Jus  Orat. v. 10.)   Thus Ulpian (Dig. 1. tit. 6. s. 8)
Civile in its wider sense into the two parts of the  says that the Jus Patriae Potestatis is moribus
Jus Civile, in its narrower sense, and the Jus Ponti- receptum.  But onos contained matters relating to
ficium, that each part had its proper and peculiar religion as well as to the ordinary affairs of life;
limits.  But after this separation was fully made  and therefore we may also view Mos and Lex, when
the Auctoritas Pontificum had the same operation  opposed, as component parts of the Jus Civile in
and effect with respect to the Law of Religion that its wider sense, but not as making up the whole of
the Auctoritas Prudentium  had on the Jus Civile. it.  Mores in the sense of immorality, that which
(Cic. de Leg. ii. 19, 20.)  Still even after the sepa- positive morality disapproves of, must not be conration there was a mutual relation between these  founded with jus founded on mores: the former is
two branches of law; for instance, an Adrogatio  mali mores in respect of which there was often a
was not valid by the Jus Civile unless it was jus moribus constitutum.  Thus in the matter of
valid by the Jus Pontificium. (Cic. de Orat. iii. the dos there was a retentio in respect of the mores
33, Brut. 42; ADOPTIO.)  Again, Jus Pontifi- graviores or majores, which was adultery.  (Ulp.
cium, in its wider sense, as the law of religion, had  Frag. tit. 6.)
its subdivisions, as into Jus Augurum, Pontificum,   The terms Jus: Scriptum and Non Scriptum, as ex&c.  (Cic. de Se2ect. 11.)                         plained in the Institutes (i. tit. 2), comprehended
" Law," says Gaius (i. 2), meaning the Roman  the whole of the Jus Civile; for it was all
civil law (jura), "is composed of leges, plebiscita, either Scriptum  or Non Scriptum, whatever other
senatus-consulta, constitutiones  Principum, the  divisions there might be. (Ulp. Dig. 1. tit. 1. s. 6.)
Idicta of those who have the.lus Edicendi, and  Jus Scriptum comprehended every thing except that
the Responsa Prudentium."  This is a division of " quod usus approbavit."   This division of Jus
law  merely according to its formal origin.  The  Scriptum  and Non  Scriptlum  does not appear
divisions enumerated by Cicero (Top. 5) are " leges in Gaius. It was borrowed from the Greek writers,
(which include plebiscita), senatus-consulta, res and seems to have little or no practical application
judicatae, jurisperitorum  anctoritas, edicta magis. among the Romans.  The sense in which Written
tratulum, mos, aeqmlitas."  A consideration of the  and Unwritten law has been used by English writers
different epochs at which these writers lived, will is hardly the same as the Roman sense. Hale
account for part of the discrepancy; but the addi- says (Hist. of the Cbmmon Law, p. 2), " Those laws
tioi of Mos in Cicero's enumeration is important.   that I call leges scriptae (he should have used the
Jus Civile is opposed to the Jus Praetorium or expression jus script2?n, though Cicero uses the
Honorarium   [EDICTUM]; and  the opposition  expression Lex Scripta) are such as are originally
consists in the opposition of the means or form by  reduced into writing before they are enacted."
which the two severally obtained an existence; Hale applies his definition only to statutes or acts of
whereas the opposition of Jus Civile and Gentium  parliament; but it is equally applicable to any rules
is founded on the internal character of the two  which are promulgated in writing and have the
kinds, and the extent of their application.        force of law  or of a law, by virtue of authority
Lex and Mos are sometimes opposed to one an- delegated to those who make such rules.
other, as parts component of the Jus Civile, but    Jus was also divided into pablicum  and Privadifferent in their origin.  Horace (Carse. iv. 5) tum  by the Roman jurists (Dig. 1. tit. 1. s. 1.)
speaks of" Mos et Lex:" Juvenal (viii. 50) opposes  Publicum Jus is defined to be that which relates
"Juris nodes et legum  aenigmata:" Jus Civile  to the Status Rei Romolae, or to the Romans as a
is opposed to Leges (Cic. de Orat. i. 43), to Lex  State; Privatum Jlls is defined to be that which
(de Of: iii. 17), and to Senatus-consultum (Gaius, relates "ad singulorum utilitatem."  The Publi.
ii. 197).  As then opposed to Leges, Jus Civile  cum Jus is furthersaid byUlpian (Dig. l.tit. 1. s. 1)
appears to be equivalent to Mos.  In fact the op- "in  sacris, in.cerdotibus, in magistratibus conposition between Lex and Mos follows the analogy  sistere."  According to this view, it comprehends
of that between jus scriptum  and non scriptum. the. Law of Religion and all the rest of the Jus
"Wbhen there are no scriptae leges we must follow  Civile, which is not Privatum: and the matter
that which has been introduced by mores and con- which is comprehended in Jts Privatum is that
suetudo. - Immemorial (inveterata) consuetudo is  which is contained in the Institutes of Gaius and
properly observed as a lex (pro lege), and this is  Justinian.  The elementary treatise of Gaius does
the jus which is said to be' moribus constitutum.' "  not mention this division, and it is limited to the
(Julian, Dig. 1. tit. 3. s. 32.)  Thus immemorial Jus Privatum.  Justinian, in his Institutes, after
usage was the foundation of the " jus Moribus making this division of Jus into Publicum  and
constitutum."  (See the article INsFAeIA as to the  Privatum, says, "we must therefore treat of Jus
origin of Infamia.)  The ultimate origin of custom  Privatum," from which it appears that he did not
is the common consciousness of the people among  contemplate treating of Jus Publicum, though the
U U




658'                JUS.                                              JUS.
last title of the fourth book is De Judiciis Pub~- as adopting the Jus Gentium: the In bonis is
licis.  The Roman term Jus Publicum also corn- merely recognized by the Praetorian Law, to which
prehended Criminal Law and Criminal Procedure, division it therefore belongs.  So far as the equity
and Procedure in Civil Actions. It is said by Papi- of the praetor may be said to be based on the Jus
nian (Dig. 28. tit. 1. s. 3) that the Testamenti-  Gentitun, so far may the In bonis be said to be
factio belonged to Publicrum Jus.  Now the Testa- founded on it also.  Properly speaking, the Jus
mentifactio was included in Commercium, and  Gentium was only received as Roman law, when
only Roman citizens and Latini had Commer- it did not contradict the Jus Civile; that is, it
cium.  This is an instance of the application of could only have its full effect as the Jus Gentium
the term  Publicum  Jus.  All Jus is in a sense when it was not contradicted or limited by the
Publicum, and  all Jus is in a sense Privatum; Jus Civile.  When  it was so contradicted  or
but the Roman Publicum  Jus directly concerned  limited, the praetor could only give it a partial
the constitution of the state and the functions of effect, but in so doing, it is obvious that he was
government and administration; the Privatumr  endeavouring to nullify the Jus Civile and so to
Jus directly concerned the interests of individuals. make the Jus Gentiumn as extensive in its opera..
The opposition between these two things is clear, tion, as it would have been but for the limitation
and as well marked as the nature of such things of the Jus Civile.  The bounds that were placed
will allow.  If the terms be found fault with, the to this power of the praetor were not very definite.
meaning of the terms admits of a defence.        Still he generally fashioned his Jus Praetorium
The expression Populus Romanus Quirites has after the analogy of the Jus Civile, and though he
given rise to much discussion. Becker (Handl). der made it of no effect as against his Jus Praetorium,
Rimnisclien Altertniisner, vol. ii. p. 24) concludes he maintained its form and left it to its full opethat Romani and Quirites are so far opposed that ration, except so far as he necessarily limited its
Romani is the historical and political name viewed  operation by his own Jus Praetorium.
with respect to foreign states, and Quirites the    Jus used absolutely is defined to be " ars boni
political name as viewed with reference to Rome. et aequi" (Dig. 1. tit. 1. s. 1), which is an absurd
Accordingly  Quirites  is  equivalent to  Cives. definition.  What it really is, may be collected
(Sueton. Caes. 70; Plut. Cues. 51; Liv. xlv. from the above enumeration of its parts or divi37.)  It does not seem easy to explain the dif- sions.  Its general signification is Law, and in this
ference between  Civitas Romana and the Jus sense it is opposed to Lex or a Law.  Lex, howQuiritium, yet so much seems clear that Civitas ever, as already shown, is sometimes used generally
Romana was a term large enough to comprehend  for Law, as in the instance from Cicero where it is
all who were Cives in any sense.  But the Jus  opposed to Natura.  Lex therefore in this general
Quiritium  in its later sense seems to be the pure  sense comprehends leges and all the other parts of
Privatum Jus as opposed to the Publicum Jus, and  the Jus Civile.  In its special sense of a Law, it
thus it differs from Jus Civile viewed as the whole is included in Jus.  Jus is also used in the plural
Roman law, or as opposed to the law  of other number (jaura) apparently in the sense of the
people. He who claimed a thing exclusively as his component parts of Jus, as in Gaius (i. 2), where
own claimed it to be his ex Jure Quiritium. (Gaius, he says " Constant autem jura ex legibus," &c.;
ii. 40. &c.)   Accordingly we find the expressions and in another passage (i. 158), where he says with
Dominuls and Dominium  Ex Jure Quiritium, as reference to the Agnationis Jus or Law of Agnatio,
contrasted with In bonis [DoMINIuM].  Such  and the CognationisJus or Law of Cognatio, "civilis
part of the Roman law, in its widest sense, as ratio civilia quidem jura corrumpere potest."  Inrelated to buying, selling, letting, hiring, and such  deed in this passage Agnationis Jus and Cognationis
bbligations as were not founded on the Jus Civile, Jus are two of the Jura or parts of Jus, which
were considered to belong to the Jus Gentium (Dig. with other Jura make up the whole of Jus.  A gain
1. tit. 1. s. 5), that is; the Jecs Naturale.  (Gains, (Gaius, ii. 62), that provision of the Lex Julia de
ii. 65.)  Accordingly when ownership could be  Adulteriis, which forbade the alienation of the
acquired by tradition, occupation, or in any other Fundus Dotalis, is referred to thus-" quod quidenm
way, not specially provided for by the Jus Civile, jus," "6 which rule of law" or " which law"-it
such ownership Wazs acquired by the Jus Gentium. being a law comprehended in another law, which
When the Jus Civilt prescribed certain forms by  contained this and many other provisions.  Thus
which ownership was to be transferred, and such  though Lex in its strict sense of a Law is different
forms were not observeds there was no ownership  from Jus in its large sense, and though Jus, in its
Jure Civili or Jure Quiritlam, but there was that narrower sense, is perhaps never used for a Lex,
interest which was called In honis.  It is not said  still Jus, in this its narrower sense, is used to exby Gaius (ii. 40, &c.) that tht In bonis arose by  press a rule of law.  Thus Gaius (i. 47) speaks of
virtue of the Jus Gentium, and it may perhaps be the jucra or legal provisions comprised in the Lex
concluded that he did not so view it; for in another Aelia Sentia,; and ofjaza as based on the Responsa
passage (ii. 65), he speaks of alienation or change  Prudentinum (" responsa prudentiun sent sententine
of ownership being effected either by the Jus et opiniones eorum quibus permissum estjzcra conNaturale, as in the case of tradition, or by the Jus dere," Gaius, i. 7; JURISCONSULTI).
Civile, as in the case of mancipatio, ill jure cessio,   Jus has also the meaning of a faculty or legal
and usucapion.  In this passage he is speaking of right.  Thus Gaius says, " it is an actio in rem,
alienation, which is completely effected by tra- when we claim a corporeal thing as our own, or
dition, so that there is a legal change of ownership  claim some jus as our own, such as a jus utendi,
recognized by Roman law; not by Roman law, eundi, agendi."  The parental power is called a
specially as such, but by Roman law as adopting'" Jus proprium civimn Romanorum."  The meanor derived from theJus Gentiuom.  In the other ing of lawe generally, and of a legal rig/it, are apcese (ii. 40) there is no ownership either as re- plied to Jus by Cicero in the same sentence: " I,
cognized by Roman law as such, or by Roman law  a man ignorant of law (imperitus juris), seek to




JUS AELIANUM.                                   JUSJURANDUM.                  659
maintain my right (meum jus) by the Interdict."  existed in the time of Pomponius.  (Dig. 1. tit. 2.
(Pro Caecina, c. 11.)  As the several rules of law  s. 2. ~ 38.)  Cicero also speaks of some commenwhich are often comprised in one lex, or which  tarii by Aelius. (De Orat. i. 56, Top. 2.)  [G. L.]
make up the whole body of Jus (Law), may be    JUS ANNULO'RUM.  [ANNuLus.]
called jura with reference to their object, so the    JUS  APPLICATIO'NIS.   [EXSILIUr, p.
various legal rights which are severally called jus  516, b.]
with reference to some particular subject, may be    JUS CIVI'LE. [Jus.]
collectively called jura.  Thus we find the phrase    JUS  CIVI'LE  FLAVIAINUM.   Appius
Jura Parentis to express all the rights that flow  Claudius Caecus, who was censor B. C. 312, is
from the fact or legal paternity.               said to have drawn up a book of Actiones or forms
The phrase Jura Praediorum, which is used by  of procedure, which his clerk Cn. Flavius made
the Roman Jurists, is somewhat peculiar, and open  public.  (Cic. de Os. i. 41.)  According to one
to objection.  [SERa1TUS.]                      story (Dig. l. tit. 2. s. 7) Flavius surreptitiously
The potestas which a Roman father had over his  obtained possession of the book of Appius, and
children and a husband over his wife in manu, being  was rewarded by the people for his services by
a jus or legal right, there hence arose the distinc- being made Tribunus Plebis and Curule Aedile.
tion of persons into those who are sui and those  The effect of this publication was to extend the
who are alienijuris.  All the rights of such persons  knowledge and the practice of the law to the pleseverally are represented by the phrase " Jus Per- beians, and to separate the Jus Civile from the
sonarum," or that division of the whole matter of Jus Pontificium.  (Liv. ix. 45; Gellins, vi. 9;
Jus which treats of the condition of persons as  Cic. pro Murena, 11.)               [G. L.]
members of a Familia.  [FAMILIA.]                 JUS.CIVILE  PAPIRIA'NUM   or PAThis leads to the mention of another division of PISIA'NUM  was a compilation of the Leges
the matter of law which appears among the Roman  Regiae or laws passed in the kingly period of
Jurists, namely, the Law of Persons; the Law of Rome. They are mentioned by Livy (vi. 1). This
Things, which is expressed by the phrase " jus compilation was commented on by Granius Flaccus
quod ad res pertinet;" and the Law of Actions, in the time of Julius Caesar (Dig. 50. tit. 16. s.
"jus quod ad actiones pertinet."  (Gaius, i. 8.)  144), to which circumnstance we probably owe the
In his first book Gaius treats of the Law of Per- preservation of existing fragments of the Leges
sons, in the sense explained in the article INSTI. Regiae.  There is great doubt as to the exact
TUTIONES, in the fourth he treats of the Law of character of this compilation of Papirius, and as to
Actions; and accordingly the second and third  the time when it was made.  Even the name of
contain the Law of Things, to express which he  the compiler is not quite certain, as he is variously
does not use a phraseology analogous to that of called Caius, Sextus, and Publius.  The best no"Jus Personarum;" but he says he will treat De  tice of the fragments of the Leges Regiae is by
Rebus. [INSTITUTIONES.]                         Dirksen, in his " Versuchen zur Kritik und ausThe adjective Justum often occurs in the Latin  legung der Quellen des RMmischen Rechts."  See
writers, in the sense of that which is consistent also Zimmern, Gesch. des MiTm. Pricatrechts. [G. L.]
with Jus or Law, or is not contrary to law.  Thus    JUS CIVITA'TIS.  [CIVITAS, p. 291, b.]
it is a justum (legal) matrimonium, if there is con-    JUS COMME'RCII.  [CIVITAS, p. 291, b.]
nubium between the two parties to the marriage.    JUS CONNU'BII.  [CIvITAs, p. 291, b;
The word Justum has many varieties of meaning, MATRIMONIUM.]
which may generally be derived, without much    JUS EDICENDI.  [EDICTUr.]
difficulty, from  the meanings of Jus: as justa    JUS GENTILI'TIUM.  [GENS.]
servitus, justum  concilium, justum iter, justus ex-    JUS GE'NTIUM.  [Jus.]
ercitus, justa causa.                             JUS HONORA'RIUM.  [EDICTUM.]
Jus is opposed to Judicium, and a thing was said    JU S HONO'RUM.  [CIvITAs, p. 291, b.]
to be done in jure or in judicio, according as it was    JUS IMA'GINUM.  [NOBILES.]
done before the magistratus or before a judex.    JUS ITA'LICUM. [COLONIA.]
[JUDICIUM.]  Thus all matters of legal question    JUS LA'TII.  [CIVITAS; LATINITAS.]
were said to be done " aut ad populum, aut in jure,    JUS LIBERO'RUM.  [LEx JULIA ET PA
ant ad judicem."  (Plaut. Menaeclh. iv. 2. 18.)  PIA POFPAEA.]
Jus, in the sense of the place " in quo jus red-    JUS NATURALE.  [Jus.]
ditur" (Dig. i. tit. 1. s. 11), is only an application    JUS PONTIFI'CIUM.  [Jus.]
of the name of what is done to the place in which    JUS POSTLIMI'NII.   P [POSTLIMINIUI'r.]
it is done.  The expression Jus Dicere is explained    JUS PRAEDIATO'RIUM.  [PaAas.]
under Jurisdictio.                                JUS PU'BLICUM,   PRIVA'TUM. [Jus.]
The foregoing explanation of Jus may not be    JUS QUIRI'TIUM.  [CIVITAS; Jus.]
entirely free from error, nor would it be easy to    JUS RELATIO'NIS.  [SENATUS.]
make it so, as will appear from  comparing the    JUS RESPONDENDI.  [JURIscoNs SLTI.]
views of various modern writers.     [G. L.]      JUS SCRIPTUM.  [Jus.]
JUS AEDILITIUM. [AEDILES; EDICTUM.]    JUS SUFFRA'GII.  [CiITAs, p. 291, b.]'
JUS  AELIA'NUM   was -a compilation by    JUS VOCA'TIO, IN. [AcT1o.]
Sextus Aelius Paetus, surnamed Catus, who was    JUSJURANDUM    (p"icos), an  oath.  1.
consul B. C. 198 (Liv. xxxii. 7), and who is called  GREEi.  An oath is an appeal to some superior
by his contemporary Ennius,'" egregie cordatus  being, calling on him to bear witness that the
homo."  He is also frequently mentioned with  swearer speaks the truth, or intends to perform
praise by Cicero (de Rep. i. 18, de Or. i. 45, the promise which he makes. Ilence the expresiii. 33). The Jus Aelianum, also called Tripertita,  sions i'rea  ZebS, ebv tapTmpoelat, and others of
contained the Law of the Twelve Tables, an in-  the same import, so frequently used in the taking
terpretatio, and the Legis Actiones.  This work  of oaths.  (Soph. Trach. 399, Antig. 184; $t.
u v 2




660          JUSJURANDUM.                                     JUSJURANDUM.
Paul, Calat. i. 20.)  It is obvious that such an   prayer; for an oath was a species of prayer, and
appeal implies a belief, not only in the existence  required the same sort of ceremony.  (Homr. ll.
of the being so called upon, but also in his power  xix. 175, 254; Pind. 01. vii. 119.)  Oaths were
and inclination to punish the false swearer; and  frequently accompanied with sacrifice or libation.
the force of an oath is founded on this belief.  (Hom. Il. iv. 158; Aristoph. Acharn. 148, Vesp.
Hence an oath is called aeS, 8PICsos. (IHom. IHym.  1048.) Both sacrifice and libation are used ill the
ad Mere. 272. 515; Pind. 01. vii. 119.)  Zebs  compact of the Greeks and Trojans in IR. iii. 276.
opieOS (Soph. Philoct. 1324) is the god who has  The victims on such occasions were not eaten; but,
regard to oaths, and punishes their violation. Ziv'  if sacrificed by the people of the country, were
EXwv  roy/rosroy (Soph. T2rach, 1190) means (ac-  buried in the ground; if by strangers, were thrown
cording to Suidas) bpicou Ey7v/yuriv.           into the sea or river. (II. iii. 310, xix. 267.)
WVe find early mention in the Greek writers of    The parties used also to lay their hands upon
oaths beingy taken on solemn and important oc-  the victims, or on the altar or some other sacred
casions, as treaties, alliances, vows, compacts, and  thing, as if by so doing they brought before them
agreements, both between nations and individuals.  the deity by whom the oath was sworn, and made
Thus, when the Greeks and Trojans agree to de-  him witness of the ceremony.  Hence the exprescide the fate of the war by a single combat be-  sions srpbs rbv  3orby bv  4topcleSsEL, ovLuvvat Kcat!
tween Menelaus and Paris, they ratify their agree-  IEpcEV. (See Reiske, Index ad Dem. s. v.'OlyCs' a:
ment by an oath. (11. iii. 276.)  The alliance  Harpocr. s. v. AgOos; Thuc. v. 47; Goeller, ad loc.;
between Croesus and the Lacedaemonians is con-  Juv. Sat. xiv. 219; Ovid. Epist. Dido ad Aez.
firmed by oath.  (Herod. i. 69.) So isthe treaty  129.)  In Homer (II. xiv. 270), Juno, making a
between the Medes and Lydians, whose.rites in  solemn promise to Sleep, takes the Earth in one
swearing (as Herodotus tells us, i. 74) were the  hand and Heaven in the other, and swears by
same as those of the Greeks, with this addition,  Styx and the subterranean gods.  To touch the
that they made an incision in their arms and tasted  head, Iand, or other part of the body, of the pereach other's blood.  We may further notice the  son to whom the promise was made, was a common
treaty of peace between the Athenians and Pelo-  custom.  The hand especially was regarded as a
ponnesians, upon which every state was to swear  pledge of fidelity, and the allusions to the junction
EnrLXcpmoi opro, srbl YYmo'-rsy (Thucyd. v. 47),  of hands in making contracts and agreements
the vow of the Ionian women (Herod. i. 146), that  abound in the ancient writers.  (Eurip. Meden,
of the Phocaeans (Id. 165), and the promise of  496; Soph. Philoct. 812, Tr1acl. 1183; Ovid. Ep.
Circe to Ulysses (Od. x. 345). The reliance placed   Pllyllis ad DemoV/h. 21, Briseis ad Ach. 107; Hom.
in an oath is specially shown in the dialogue be-  Hysm. ad Ven. 26.) Other superstitious rites were
tween Aegeus and Medea in Eurip. Med. 736-    often superadded, to give greater solemnity to the
760; and the speech of Athena in Eurip. SuZppl.  ceremony (Aesch. Sept. c. Tloeb. 42; Soph. A1ntis.
1196. For other examples we refer the reader to  264; Demosth. c. Coon. 1269), which appear to be
Soph. Oed. Tyr. 647, Oed. Col. 1637, Tr-achin.  ridiculed by Aristophanes (Lysist. 188).
1183; Herod. vi. 74; Holm. II. ix. 132.          The different nations of Greece swore by their
That the Greeks (as a nation) were deeply im-  own peculiar gods and heroes; as the Thebans by
bued with religious feeling, and paid high regard   Hercules, Iolaus, &c., the Lacedaemonians by
to the sanctity of oaths, may be gathered fiom the  Castor and Pollux, the Corinthians by Poseidon
whole tenor of their early history, and especially  (Aristoph. Actiarn. 774, 860, 867, Equiles, 609,
from the writings of the poets, Homer, Aeschylus,  Lysist. 81, 148); the Athenians swore principally
and Pindar. (See Thirlwall, Hist. of Greece, vol. i.  by Zeus, Athena, Apollo (their 7rap~Cos aebs),
c. vi. ~ 3.) They prided themselves on being su-  Demeter, and Dionysus.
perior in this respect to the barbarians.  (Aelian.    The office or character of the party, or the
xiv. 2.)  The treacherous equivocation practised  place, or the occasion often suggested the oath to
by the Persians at the siege of Barcae (Herod. iv.  be taken.  Thus, Iphigeneia the priestess swears
201) would have been repugnant to the feelings of  by Artemis in Eurip. Iph. in Tauis. Mesnelalls
a people, whose greatest hero declared that he  bids Antilochus swear by Poseidon (the equestrian
hated like hell one                             god), the subject being on horses. (1l. xxiii. 58.5.)
"Os X%''TEPO,!' ICeOVp eV1 ppEoalv,,  AXXo   3dp.  So Philippides, in Arist. Nub. 83, is made ridii. ix. 313.    culously to swear eyv  bzy Ilosoes3'-by T7rs-rtos.
Achilles swears by his sceptre (II. i. 234), TeleThe poets frequently allude to the punishment  machus by the sorrows of his father (Od. xx. 339).
of perjury after death, which they assign to the  Hence the propriety of the famous oath in Denmoinfernal gods or furies (Hom.Il;. iv. 157, xix. 260;  sthenes, by the warriors who fought at Marathon,
Pind. Olyimp. ii. 118; Aristoph. Rant. 274), and  &c. HIere we may observe, that as swearing be-we find many proofs of a persuasion that perjurers  came a common practice with men upon trivial
would not prosper in this world.  (Hom. II. iv.  occasions, and in ordinary conversation, they used
67, 270, vii. 351; Hesiod. Op. et Dies, 280;  to take oaths by any god, person, or thing, as their
Thuc. vii. 18.)  One of the most striking is the  peculiar habits or predilections, or the fancy of the
story told by Leutychides to the Athenians, of  moment, dictated.  Pythagoras on this account
Glaucus the Spartan, who consulted the Pythian  swore by the number Four. (Lucian, Pythc ag. 4;
oracle whether he should restore a deposit, or deny  Plut. de Plac. Phil. i. 3. 1616.)  Socrates used to
on oath that he had ever received it; and who, for  swear vY'srbe tCeYa, in which he was absurdly immerely deliberating upon such a question, was cut  itated by others.  (Athen. ix. p. 370.) Aristooff with his whole family. (Herod. vi. 86; Pausan.  phanes, so keenly alive to all the foibles of his
ii. 18, viii. 7; Juv. Sat. xiii. 202.)          countrymen, takes notice of this custom, and turns
Anciently the person who took an oath stood  it into ridicule.  Hence he makes the sausageup, and lifted his hands to heaven, as he would in  dealer swear - an-by'Ep/,uV  T-bV 3yopai7o (Equit.




JUSJURANDUM.                                    JUSJURANDUM.                  661
297), Socrates tA Trv,'Avarvo1vY, &c. (Nub. 627.)  1088, Elect. 758, 1063.)  N4, however, is never
(See further Vesp. 83, Aves, 54, 161 1, Ran. 336,  used by the tragedians, who always employ a para11 69.)                                         phrase in affirmative oaths, such as 5ebbv auapTVpe —
Women also had their favourite oaths.  As the  Oai.'E7ropyvrvaL is used affirmatively, &aroptv6vat
men preferred swearing by Hercules, Apollo, &c.,  negatively, according to Eustathius.  (Hom. Od.
so the other sex used to swear by Aphrodite, De-  ii. 377.)  ALdJuvaOaL is to swear strongly, to
meter, and Persephone, Hera, Hecate, Artemis;  protest.  (Soph. Trach. 378.)  "Opciov, though
and Athenian women by Aglauros, Pandrosus, &c.  often used synonymously with  lpKlos, signifies
(Lucian, Dial. Meretr. 7; Xcn. Memnor. i. 5. ~ 5;  more strictly a compact ratified by oath; iopicsa
Aristoph. Lysist. 81, 148, 208, 439, Eccles. 70,  TdiAVei, is to make a compact with oaths and
Tliesm. 286, 383, 533; Theocr. Idyll. xv. 14.)  sacrifice; and through the frequent practice of
The security which an oath was supposed to  sacrificing on such occasions, it came that 9pILov
confer induced the Greeks, as it has people of mo-  was sometimes used for the victim itself. (Hom.
dern times, to impose it as an obligation upon per-  II. iii. 245.)  In the phrase o'Lvy'vaL iKa0' iepV, the
sons invested with authority, or intrusted with the  original meaning of tcar&a was, that the party laid
discharge of responsible duties. (Plato, de Leg. xii.  his hand upon the victims; but the same phrase
p. 948.)  The Athenians, with whom the science  is used metaphorically in other cases, where there
of legislation was carried to the greatest perfection,  could be no such ceremony.  Thus CarhT  XIA'IWP
were, of all the Greek states, the most punctilious  ebx3,v 7roriacruOat XLdapwv  (Arist. Equit. 660) is
in this respect. The youth, entering upon his 20th  to make a vow to offer a thousand kids; as tlsou/gh
year, was not permitted to assume the privileges of  /ce palty vopw iy layed his heands upon the kids at
a citizen, or to be registered in the  LtaupXlctcb /ie time, as a kind of'stake.  The same observation
yppayl1aTre0ov, without taking a solemn oath in the  applies to oAv6urat Icao"' EdcAelas.  (Comp. Latemple of Aglauros to obey the laws and defend  saulz, Ueber den Eid bei den Griec/en, Wiirzburg,
his country. (The form of his oath is preserved in  1844.)
Pollux, viii. 105.) The archon, the judge, and the  2. ROMAN.  The subject of Roman oaths may
arbitrator, were required to bind themselves by an  be treated under four different heads, viz.: -  1.
oath to perform their respective duties. (See Pol-  Oaths taken by magistrates and other persons who
lux,. c.; Hudtwalcker, iiber die Diit. p. 10; and  entered the service of the republic.  2. Oaths
DICASTEs.) As to the oath taken by the Senate  taken in transactions with foreign nations in the
of Five Hundred, see Demosth. c. Timoc. 745.  name of the republic.  3. Oaths, or various modes
As to the oath of the witness, and the voluntary  of swearing in common life.  4. Oaths taken beoath of parties to an action, see MARTYRIA. The  fore the praetor or in courts of justice.
importance, at least apparently, attached to oaths  I. Oaths taken by?magistrates and other persons
in courts of justice, is proved by various passages  wzho entered the service of tie republic. — After the
in the orators.  (Andoc. de lMyst. 5; Lycurg. c.  establishment of the republic the consuls, and subLeocr. 157. ed. Steph.; Antiph. de nu. lierod. 139,  sequently all the other magistrates, were obliged,
140. ed Steph.; Demosth. c. Apliob. 860.) Demos-  within five days after their appointment, to prothenes constantly reminds his judges that they are  mise on oath that they would protect and observe
on their oaths, and Lycurgus (I. c.) declares that  the laws of the republic (in leyes jurare, Liv. xxxi.
Tb (TvEixov, r'rv 871otcpa'av gaPKDS E'-[s.      50; compare Dionys. v. 1.).  Vestal virgins and
The experience of all nations has proved the  the flamen dialis were not allowed to swear
dangerous tendency of making oaths too common.  on any occasion (Liv. 1. c.; Fest. s. X. Jurare;
The history of Athens and of Greece in general  Plut. Quaest. Roma. p. 275), but whether they also
furnishes no exception to the observation.  While  entered upon their sacred offices without taking an
in the popular belief and in common parlance oaths  oath analogous to that of magistrates is unknown.
continued to be highly esteemed, they had ceased  When a flamen dialis was elected to a magistracy,
to be of much real wealth or value.  It is impos-  he might either petition for an especial dispensasible to read the plays of Aristophanes, the orators,  tion (ut legibus solveretG'), or he might depute
and other writers of that period, without seeing  some one to take the oath for him. But this could
that perjury had become a practice of ordinary  not be done unless the permission was granted by
occurrence.  The poet who wrote that verse which  the people.  The first Roman consuls seem only
incurred the censure of the comedian,   yAYoaXo'' to have sworn that they would not restore the
U0caox', h0 Be oppvY avwl&oTos (Eur. IIimpol. 612;  kingly government, nor allow any one else to do
Aristoph. TLhesm. 275), was not the only person  so (Liv. ii. 1; DionVs. 1. c.), and this may have
who would thus refine. The bold profligacy de-  been the case till alil fears of such a restoration
scribed  by Aristophanes  (Nub. 1232-1241,  having vanished, the oath was changed into a
Equit. 298) was too often realized in action.  To  jusjurandum  in leges.  The consular oath -was
trace the degeneracy of the Greek character be-  occasionally taken  under the  empire.  (Plin.
longs not to this place. We conclude by reminding  Paney. 64.)
our readers that in a later age the Greeks became  During the later period of the republic we also
a by-word among the Romans for lying and bad  find that magistrates, when the time of their office
faith. (Cic.pro Flacco, 4; Juv. Sat. iii. 60, &c.)  had expired, addressed the people and swore that
A few expressions deserve notice. Ni is used  during their office they had undertaken nothing
by Attic writers in affirmative oaths, pg in nega-  against the republic, but had done their utmost to
tive. The old form of affirmation, still preserved  promote its welfare. (Cic. ad FamEs. v. 2. ~ 7, pro
by the other Greeks, and used by Xenophon, was  S2lln, 11, in Pison. 3, pro Dom. 35; Dion Cass.
ralt L&. (Xen. Mem. ii. 7..~ 14, Apol. Socr. 20.)  xxxvii. p. 52, xxxviii. p. 72, liii.p. 568, ed. Steph.;
N4i is nothing more than anotherfornm of al, used   Liv. xxix. 37.)  In some cases a tribune of the
with an accusative case, pah being omitted, as it  people might compel the whole senate to promise
often is in negative oaths. (Soph. Oed, Tyr, 660,  on oath that they would observe a plebiscitum,
uv 3




662           JUSJURANDUM.                                       JUSJURANDUM.
and allow it to be carried into effect, as was -the   name of his country, and struck the victim with a
case with the lex agraria of Saturninus.  The   flint-stone, calling on Jupiter to destroy the Roman
censor Q. Metellus, who refused to swear, was sent  nation in like manner, as he (the pater patratus)
into exile. (Appian, B. C. i. 29; Cic. pro Sext. 47;  destroyed the animal, if the people should violate
Plut. Mar. 29.)  During the time of the empire  the oath. The chiefs or priests of the other nation
all magistrates on entering their office were obliged  then swore in a similar manner by their own gods.
to pledge themselves by an oath that they would   The ceremony was sometimes different, inasmuch
observe the acta Caesarum ( iurare in acta Cae-  as the fetialis cast away the stone from his hands,
sarum, Suet. Tiber. 67; Tacit. Aennal. i. 72, xiii.  saying, Si sciens fallo, tzlnm me Diespiter salva )urbe
26, xvi. 22; Dion Cass. xlvii. p. 384, &c.), and   arceque bonis ejicieat, uti ego dune lapidem. (Fest.
the senators had to do the same regularly every  s. v. Lapideim.)  Owing to the prominent part
year on the first of January.  (Dion Cass. lviii.  which the stone (lapis silex) played in this act,
p. 724; compare Lipsius, Excuas. A. ad Tacit.  Jupiter himself was called Jupiter Lapis (Polyb.
Annal. xvi. 22.)                                   iii. 25), and hence it was in aftertimes not
All Roman soldiers after they were enlisted for  uncommon among the Romans in ordinary cona campaign, had to take the military oath (sacra-  versation to swear by Jupiter Lapis.  (Gellius, i.
menturn), which was administered in the following   21; Cic. ad Farc. vii. 1, 12; Plut. Suzlla, 10.)
manner:- Each tribunus militum assembled his  In swearing to a treaty with a foreign nation, a
regiment, and picked out one of the men to whom   victim (a pig or a lamb) was in the early times alhe put the oath, that he would obey the corm-  ways sacrificed by the fetialis (whence the expresmeands of his generals and execute them punctually.  sionsjbedas icere, bpmcma Teu/resv), and the priest
The other men then came forward one after an-  while pronouncing the oath probably touched the
other and repeated the same oath, saying that they   victim  or the altar.  (Virg. Aen. xii. 201, &c.;
would do: like the first (idenz in me, Polyb. vi.  Liv. xxi. 45; compare FETIALES.)  This mode of
21; Fest. s. v. Praejzorationes).  Livy (xxii. 38)  swearing to a treaty through the sacred person of
says that until the year 216 B. C. the military   a fetialis, was observed for a long time, and after
oath was only sacramentum, i. e. the soldiers  the second Punic war the fetiales even travelled to
took it voluntarily, and promised (with impreca-  Africa to perform  the ancient ceremonies. (Liv.
tions) that they would not desert from the army,  xxx. 43.)  The jus fetiale, however, fell into disand not leave the ranks except to fight against  use as the Romans extended their conquests; and
the enemy or to save a Roman citizen.  But in  as in most cases of treaties with foreign nations, the
the year 216 B. C. the soldiers were compelled by   Romans were not the party that chose to promise
the tribunes to take the oath, which the tribunes  anything on oath, we hear no more of oaths on
put to them, that they would meet at the command  their part; but the foreign nation or conquered
of the consuls and not leave the standards without  party was sometimes obliged to promise with a sotheir orders, so that in this case the military oath  lemn oath (sacramzentum) to observe the conditions
became a jusjurandum. But Livy here forgets that  prescribed by the Romans, and documents recordlong before that time he has represented (iii. 20)  ing such promises were kept in the capitol.  (Liv.
the soldiers taking the same jusjurandum. A per-  xxvi. 24.)  But in cases where the Romans had
fect formula of a military oath is preserved in Gel-  reason to mistrust, they  demanded hostages as
lius (xvi. 4; compare Dionys. vi. 23.)             being a better security than an oath, and this was
It may here be remarked that any oath might  the practice which in later times they adopted
be taken in two ways: the person who took it,  most generally.  At first the Romans were very
either framed it himself, or it was put to him  in  scrupulous in observing their oaths in contracts or
a set form, and in this case he was said in verbas  treaties with foreigners, and even with enemies
jerare, orjzlrare verbis conceptis. Polybius (vi. 33)  but attempts were soon made by individuals to
speaks of a second oath which was put to all who  interpret an oath sophistically and explain away
served in the army, whether freemen or slaves, as  its binding character (Gellius, vii. 18; Liv. iii.
soon as the castrametatio had taken place, anld by   20, xxii. 61; Cic. de Off. iii. 27, &c.), and from
which all promised that they would steal nlothing  the third Punic war to the end of the republic,
from the camp, and that they would take to the  perjury was common among the Romans in their
tribunes whatever they might happen to find. The   dealings with foreigners as well as among themmilitary oath was, according to Dionysius (xi.  selves.
43), the most sacred of all, and the law allowed     III. Oat7Ls or various modes of swearing in coma general to put to death without a formal trial any   mzon life.  The practice of swearing or calling
soldier who ventured to act contrary to his oath.  upon some god or gods as witnesses to the truth
It was taken upon the signa, which were them-  of assertions made in common life or in ordinary
selves considered sacred.  In the time of the em-  conversations, was as common among the Romans
pire a clause was added to the military oath, in  as among the Greeks.  The various forms used in
which the soldiers declared that they would con-  swearing may be divided into three classes: —
sider the safety of the emperor more important than  1. Simple invocations of one or more gods, as
anything else, and that they loved neither them-  Ihercle or Mehercle, that is, ita me Hercules juvet,
selves nor their children more than their sovereign.  amet, or servet (Fest. s. v. Mecastor); Pol, PeTpol
(Arrian, Epict. iii. 14; Suet. Calig. 15; Amluian.  or Aedepol, that is, per Pollucem; per Jovenm LaMarc. xxi. 5.)  On the military oath in general,  pideme or simply per Jovere; per superos; per deos
compare Brissonius, De Formzal. iv. c. 1-5.       imnmortales; mnedizs fidius, that is, ita me Dius
II. Oaths taken in transactions withforeign na-  (Alos) filius juvet (Fest. s. v.; Varro, de Ling.
tlions in tle name of tlIe republic. The most ancient  Lat. iv. p. 20, Bip.); ita me dens amet, or dii amsent.: form of an oath of this kind is recorded by Livy   Sometimes also two or a great number of gods
(i. 24), in a treaty between the Romans and Albans.  were invoked by their names. (Plaut. Baccidd. iv.
The pater patratus pronounced the oath in the   8, 51; Terent, Andr, iii, 2. 25.)  The genii of




JUSJURANDUM.                                         JUVENALIA,                    663
men were regarded as divine beings, and persons  suggest it.  This jusjurandum has not the effect of
used to swear by their own genius, or by that of  the jusjurandum  in jure: it is merely evidence,
a friend, and during the empire by that of an   and the judex can give it such probative force as
emperor.  (Horat. Epist. i. 7, 94; Suet. Calig.  to him seems just.  Such an oath is only wanted
27.)  Women as well as men swore by most of  when other evidence fails.  The judicial oath was
the gods; but some of them were peculiar to one  particularly applicable in cases in which the judex
of the sexes.  Thus women never swore by Her-  had to determine the value of the matter in discules, and men never by Castor; Varro, moreover,  pute.  As a general rule, the aestimatio or estisaid that in ancient times women only swore by   mate of value or damages was to be made by the
Castor and. Pollux, while in the extant writers we  judex conformably to the evidence furnished by
find men frequently swearing  by Pollux. (Gellius,  the plaintiff; but if the defendant by his dolus
xi. 6.)  Juno and Venus were mostly invoked by   or contumacia prevented the plaintiff from recoverwomen, lut also by lovers and effeminate men in  ing the specific thing, which was the object of the
general. (Plaut. Amphit. ii. 2. 210; Tibull. iv. 13.  action, and consequently the plaintiff must have
15; Juv. ii. 98; Ovid. Ameor. ii. 7. 27, ii. 8.18.)  the value of it, the judex could put the plaintiff to
2. Invocations of the gods, together with an   his oath as to the value of the thing; but he
execration, in case the swearer was stating a false-  could also fix a limit (taxatio) which the plaintiff
hood.  Execrations of this kind are, Dii sme per-  must not exceed in the amount that he declared
dcnt (Plant. Mil. Glor. iii. 2. 20, istell. ii. 1. 21);  upon oath.  This is called jusjurandum  in litem
dii?mle inter.ficiant (Plaut. Mleostell. i. 3. 35); dis-  (Dig. 12. tit. 3).  This oath is merely evidence;
pereaam (Horat. Sat. i. 9. 47); ne vivam (Cic. ad  the judex may still either acquit the defendant or
Farm. vii. 23; Mart. x. 12. 3); ne salvus sim (Cic.  condenmn him in a less sum  (Dig. 22. tit. 3; De
ad Att. xvi. 13), &c.                              probationibus et praesumptionibus).
3. Persons also used to swear by the indi-        As to the Jusjurandum Calumniae, see CALUarviduals or things most dear to them. - Thus we  NIA; and see JUDEX, JUDICIUM.              [G. L.]
have instances of a person swearing by his own or    JUSSU, QUOD, ACTIO, is a Praetorian
another man's head (Dig. 12. tit. 2. s. 3. ~ 4;  actio which a man had against a father or master
Ovid, Trist. v. 4. 45; JIHeroid. iii. 107; Juv. vi.  of a slave (domninus), if a filiusfamilias or a slave
16), by his eyes (Plaut. Meneach. v. 9. 1; Ovid,  had entered into any contract at the bidding
Amz0or. ii. 16. 44), by his own welfare or that of his  (juzssu) of the father or master, for the full amount
children (Dig. 12. tit. 2. s. 5; Plin. Epist. ii. 20),  of the matter in dispute.  He who thus contracted
by the welfare of an emperor (Cod. 2. tit. 4. s. 41),  with a filiusfamilias or a slave, was not considered
&c.                                               to deal with them on their own credit, but on that
Respecting the various forms of oaths and   of the father or master. This Actio is classed by
Bwearing see Brissonius, de. Formul. viii. cc. 1-   Gaius with the Exercitoria and Institoria. (Gaius,
18.                                    [L. S.]    iv. 70; Dig. 15. tit. 4.)               [0. L.]
IV. Oaths taken before the praetor or in courts of'   JUSTA  FUNERA.  [FUNERA, p. 558, b.]
ijustice. There mightbeajusjurandumeither injure    JUSTINIANE'US CODEX. [CODEX  JUSor in judicio. The jusjurandum in jure had a like  TINIANEUS.]
effect to the confessio in jure, and it stood in the    JUSTI'TIUM, probably signified originally a
place of the LITIS CONTESTATIO (Dig. 5. tit. 1. cessation of judicial business (jitris quasi interstitio
s. 28. ~ 2).  The jusjurandum in jure is the oath  quaedsam et cessatio, Gell. xx. 1), but is always used
which one party proposed to his adverstar (detulit)  to indicate a time in which public business of every
that he should make about the matter in dispute; kind was suspended.  Thus the courts of law and
and the effect of the oath being taken or refused  the treasury were shut up, no ambassadors were
was equivalent to a judicium.  If the defendant received in the senate, and no auctions took place
took the oath, he had in answer to the actio an  (jurisdictionema intermzitti, claudi aerariues, judicia
exceptio (plea) jurisjurandi, analogous to the ex- tolli, Cic. de Har. Resp. 36; pro Planec. 14, with
ceptio rei in judicium  deductae and rei judicatae.  Wunder's note).  The Justitium  was proclaimed
If the plaintiff swore, he had an actio in factum  (edicere, indicere) by the senate. and the magis(on the case) analogous to the actio judicati. The  trates in times of public alarm  and danger; and
reason of the jusjuranduna having this effect is  after confidence and tranquillity had been restored,
explained (Dig. 44. tit. 5. s. 1) to be, that a party  the Justitium was removed (remsittee, exuere) by
to a cause makes his adversary the judex by pro- the same authorities.  (Liv. vi. 7, ix. 7, x. 21;
posing to him  to take the oath (deferendo ei jus-  Plut. S ll. 8, 3li2'. 35.)   As such timesof alarm
jurandulm).  This jusjurandum which is proposed  are usually accompanied with general sorrow, a
(delatum) in jure, is called necessarium, becausehe  Justiltin came in course of time to be ordained as
to whom  it is proposed cannot simply refuse it; a  smark of public mourning, and under the empire
he must either take the oath, or, in his turn. pro- was only employed for this reason.  Thus we find
pose (referre) that the proposer shall take it. it usually proclaimed on the death of an emperor
Simple refusal was equivalent to conressio (con- or of a member of the imperial family.  It was
fessionis est nolle nec juiare nec jssjurandum re- observed in the provinces as well as at Rome, and
fre; Dig 12. tit. 2 s. 38). Inthe Edict (Dig. 12. during its continuance the soldiers were released
tit. 2. s. 34. ~ 6), the praetor says that he will from their ordinary military duties.  (Tac. Ann. i.
colmlpel the person froen whom the oath is demanded  16, ii. 82; Suet. Tib. 52, Cal. 24, Galb. 10.)
to pay or- to take the oath. A pupillus, a procurator,    JUVENA'LIA,  or JUVENA'LES  LUDI
or defensor, a Vestal, and a flanmen dialis could not  ('IovGEeraAra brraEp u-Ma vcceAMIEKE6aTa), wvere
be compelled to swear (Gell. x. 15).              scenic games instituted by Nero in A. D. 59, in
The jusjurandum  in judicio (jusjurandum judi.- conmemoration of his shaving his beard for the
ciale) is required by the judex, and not by either  first time, thus intimating that he had passed
of the parties, though either of the parties may  from  youth to manhood. Iye  was then in the
vr4




664           LABYRINTHUS.                                     LABYRINTHUS.
twenty-second year of his age. These games were  agree with what we know from the Jest ancient
not celebrated in the circus, but in a private  authorities respecting its architecture and its site.
theatre erected in a pleasure-ground (nenuts), and  (British Mus. E]l/yptian Antiq. vol. i. p. 54, and
consisted of every kind of theatrical performance, more especially Bunsen, Aegyptens Stelle in des
Greek and Roman plays, mimetic pieces, and the  Weltlesc/h. vol. ii. p. 324, &c.)  The purpose which
like.  The most distinguished persons in the state, this labyrinth was intended to serve, can only be
old and young, male and female, were expected to  matter of conjecture.  It has been supposed by
take part in them.  The emperor set the example  some writers that the whole arrangement of the
by appearing in person on the stage; and Dion  edifice was a symbolical representation of the
Cassius mentions a distinguished Rosman matron, zodiac and the solar system.  Herodotus, who saw
upwards of eighty years of age, who danced in the  the upper part of this labyrinth, and went through
games.  It was one of the offences given by Paetus  it, was not permitted by the keepers to enter the
Thrasea that he had not acquitted himself with  subterraneous part, and he was told by them that
credit at this festival.  (Dion Cass. lxi, 19; Tac. here were buried the kings by whom the labyrinth
Angn. xiv. 15, xv. 33, xvi. 21.)  Suetonius (ANer. had been built, and the sacred crocodiles.
12) confounds this festival with the Quinquennalia,    The second labyrinth mentioned by the ancients
which was instituted in the following year, A. nD. was that of Crete, in the neighbourhood of Cnos60.  [QUINQUENNALIA.]   The Juvenalia con- suse: Dlaedalus was said to ]lave built it after the
tinued to be celebrated by subsequent emperors, model of the Egyptian, and at the command of
but not on the same occasion.  The name was  king Minos. (Plin. Died. I. cc.)  This labyrinth
given to those games which were exhibited by the  is -said to have been only one hundredth part the
emperors on the Ist of January in each year. size of the Egyptian, and to have been the habitThey no longer consisted of -scenic representations, ation of the monster Minotaurus.  Although the
but of chariot races and combats of wild beasts.  Cretan labyrinth is very frequently mentioned by
(Dion Cass. lxvii. 14; Sidon. Apoll. Car2m. xxiii. ancient authors, yet none of them speaks of it as
307, 428; Capitol. Gord. 44 comp. Lipsius, ad  (an eyewitness; and Diodorus and Pliny expressly
Tac, Ann. xiv, 15.)                              state that not a trace of it was to be seen in their
days.  These circumstances, together with the
impossibility of accounting for the objects which a
K.  SEE C.                     Cretan king could have had in view in raising such
a building, have induced almost all modern writers
to deny altogether the existence of the Cretan
L.                        labyrinth.  This opinion is not only supported by
some testimonies of the ancients themselves, but
LA'BARUM. [SIGNA MIILITARIA.]                  by the peculiar nature of some parts of the island
LABRUM.  [BALNEAE, p. 191.]                    of Crete.  The author of the Etymologicum Magn.
LABYRINTHUS (xagvplvOoS).  Tliis word  calls the Cretan labyrinth " a mountain with a caappears to be of Greek origin, -and not of Egyptian  vern," and Eustathius (ad Odyss. xi. p. 1688)
as has generally been supposed; it is probably a  calls it "a subterraneous cavern;" and similar
derivative form  of XdGtpos, and  etymologically  statements are made by several other writers
connected with Aaupaw.  Accordingly, the proper  quoted by Meursius (Creta,  pp. 67 and 69).  Such
definition of labyrinth is a large and complicated  large caverns actually exist in some parts of Crete,
subterraneous cavern with numerous and intricate  especially in the neighbourhood of the ancient
passages, similar to those of a mine.  (Welcker, town of Gortys; and it was probably some such
Aeschyl. Trilog. p. 21-2, &c.)   Hence the caverns  cavern in the neighbourlood of Cnossus that gave
near Nauplia in Argolis were called labyrinths. rise to the story of a labyrinth built in the reign
(Strabo, viii. 6. p. 36.9.)  And this is indeed the  of Minos.  (See Walpole's Travels, p. 402, &c.;
characteristic feature of all the structures to which  IHiickh, rieta, i. p. 56, &c., and p. 447, &c.)
the ancients apply the name labyrinth, for they are    A third labyrinth, the construction of which
always described as either entirely or partially  belongs to a more historical age, was that in the
under ground.                                    island of Lemnos.  It was commenced by Smilis,
The earliest and most renowned labyrinth was  an Aeginetan architect, and completed by Rhoecus
that of Egypt, which lay beyond lake Moeris, at a  and Diodorus of Samnos, about the time of the first
short distance from the eity of Crocodiles (ArsinoP), Oympiad. (Plin. 1. c.)  It was in its construction
in the province now called Faiorun.  Herodotus  similar to the Egyptian, and was only distinguish(ii. 148) ascribes its colistruction to the dodecarchs  ed from it by a greater number of columns.  Re(about 650. c.), and Mela (i. 9) to PsammetichsL" mains of it were still extant in the time of Pliny.
alone. But other and more probable accounts refer It is uncertain whlether this labyrinth was inits construction to a much earlier age. (Plin. II. N.  tended as a temple of the Cabeiri, or whether it had
xxxvi. 13; Diod. Sic. i. 61, 89; Strabo, xvii. any collnectionl with the art of mining. (Welcker,
p. 811.)  This edifice, which in grandeur even ex- Aesecyl. Tril.. c.)
celled the pyramids, is described by Herodotus and    Samos had likewise a labyrinth, which was built
Pliny (11. cc.) It had 3000 apartments, 1500 by Theodorus, the stme who assisted in building
under ground, and the same number above it, and  that of Lemnos; but no particulars are known.
the whole was surrounded by a wall.  It was di- (Plin. H. N. xxxiv. 8.)
vided into courts, each of which was surrounded    Lastly, we have to mention a fabulous edifice in
by colonnades of white marble. At the time of Etruria, to which Pliny applies the name of labyDiodorus and of Pliny the Egyptian labyrinth was rinth.  It is described as being in the neighbourstill extant.  But the ruins which modern travel- hood of Clusium, and as the tomb of Lar Porsena.
lers describe as relics of the ancient labyrinth, as  But no writer says that he ever saw it, or remains
b'Vell as the place where they saw them, do not of it; and Pliny. who thought the description which




LACINIAE.                                          LAENA.                   tr;,
lie found of it too fabulous, did not venture to give  cording to Servius (ad Virq. Aen. vii. 612), the
it in his own words, but quoted those of Varro, Cinctus Gabinus was formed by girding the toga
who had probably taken the account from the po- tight round the body by one of its laciniae or loose
pular stories of the Etruscans themselves.  It was ends.  These expressions are quite irreconcileab!e
said to have been built partly under and partly  with the opinion of Ferrarius and others, that the
above ground, whence the name labyrinth is cor- lacinia was the lower border or skirt of the toga,
rectly applied to it.  But a building like this, says  while all the passages adduced by them admit of
Niebnhr (Iistory of Romne, vol. i. p. 130. note  easy explanation according to the above view.
405), is absolutely impossible, and belongs to the  The lacinia was undoubtedly permitted by some
Arabian Nights.  (Comp. Abeken, MAlittelitalien, to sweep the ground, especially by such as wore
p. 243.)                              [L. S.]   their garments loosely. Thus Macrobius (Sat. ii. 3)
LACERNA  (iuavslqas, ttaivUi), a cloak worn  remarks upon one of Cicero's witticisms, " Jocatus
by the Romans over the toga, whence it is called  in Caesarem quia ita praecingebatur, ut trahendo
by Juvenal (ix. 28)'" munimentum  togae."  It laciniam velut mollis incederet," which corresponds
differed from the paenula in being an open gar- with the well-known caution of Sulla addressed
ment like the Greek pallium, and fastened on the  to Pompey, " Cave tibi illum puerum  male praeright shoulder by means of a buckle (fibula), cinctum;" and Suetonius tells how the emperor
whereas the paenula was what is called a vestinzen- Caius, being filled with jealousy on account of the
t)a clausuns with an opening for the head. [PAE- plaudits lavished on a gladiator, hurried out of the
NULA.]  The Lacerna appears to have been com- theatre in such haste " ut calcata lacinia togae
mnonly used in the army (Vell. Pat. ii. 70, 80; praeceps per gradus iret." Moreover, the secondary
Ovid, t;'st. ii. 746; Prop. iv. 3. 18), but in the  and figurative meanings of the word, namely, a ra(q
time of Cicero was not usually worn in the city  (Plin. II. N. xix. 7), a narrozo neck of land (Id.
(Cic. Philip. ii. 30.) It soon afterwards, however, v. 32), the point of' a leaf (Id. xv. 30), the exbecame quite common at Rome, as we learn from  crescences which hang downe from the neck of a sheSuetonius, who says (Auzg. 40) that Augustus, goat (Id. viii. 50), &c., accord perfectly with the
seeing one day a great number of citizens before  idea of the anyzlar extremity of a piece of cloth, but
his tribunal dressed in the lacerna, which was can scarcely be connected naturally with the notion
commonly of a dark colour (pullati), repeated with  of a border or skirt.
indignation the line of Virgil.                    Tile corresponding Greek term was icpad'creoav,
"Romanos rerum dominos, gentemnque togatcamz"   and perhaps  v'TEpiylOV (Pollux considers these
synonymous); and accordingly Plutarch (Graccl.
and gave orders that the Aediles should henceforth  19) and Appian (B. G. i. 16) employ the former
allow no one to be in the forum or circus in that in narrating the story of Scipio alluded to above,
dress.                                           with  this difference, however, that they deoMost persons seem to have carried a lacerna or scribe him as throwing rb Kpda'reov TroV (aTrLo1
paenula with them, when they attended the public  over his head instead of twisting it round his
games, to protect them from the cold or rain (Dion  arm.                              [W. R.]
Cass. lvii. 13); and thus we are told that the equites    LACO'NICUM. [BALNEAE, P. 184, b. 190, b.]
used to stand up at the entrance of Claudius and    LACU'NAR.  [DoMus, p. 432, a.]
lay aside their lacernae. (Suet. Claucd. 6.)       LACUS. [FoNs, p. 544, b.]
The lacerna was usually, as already remarked,    LAENA, the same word  with the Greek
of a dark colour (fusci colores, Mart. i. 97. 9), and  XXaiva, and radically connected with AdXvX, lana,
was frequently made of the dark wool of the  &c.
Baetic sheep (Baeticae lacernae, xiv. 133). It was,   1. It signifies, properly, a woollen cloak, the
however, sometimes dyed with the Tyrian purple, cloth of which was twice the ordinary thickness
and with other colours. (Juv. i. 27; Mart. i. 97.)  (duaerun   togarum  instar-, Varro, de Liag. Lat. v.
Martial (viii. 10) speaks of larcernae of the former  133, ed. MUller), and therefore termed dupleis
kind, which cost as much as 10,000 sesterces. (Festus, s. v. Laena; Serv. ad  Virg. Aen. iv.
When the emperor was expected at the public  262), shaggy upon both sides (Schol. ad Jvw. iii.
gamnes, it was the practice to wear white lacernae  283), worn over the pallium  or the toga for the
only. (Mart. iv. 2, xiv. 137.)                   sake of warmth.  (Mart. xiv. 136.)  Hence perThe lacerna was sometimes thrown over the  sons carried a laena with them  when they went
head for the purpose of concealment (Hor. Sat. ii. out to supper (Mart. viii. 59); and the rich man in
7. 55); but a cucullus or cowl was generally used  Juvenal, who walks home at night escorted by a
for that purpose, which appears to have been fre- train of slaves and lighted on his way by flamquently attached to the lacernae, and to have  beaux, is wrapped in a scarlet laena.  (Juv. iii.
formed a part of the dress.  (Mart. xiv. 139, 283.)
132.)  See Becker, Gallus, vol. ii. p. 95, &c.    2. A robe of state, forming, it is said, in ancient
[CUCULLUS.]                                     times, part of the kingly dress. (Plut. N2um. 7.)
LACI'NIAE, the angular extremities of the    3. The flamines offered sacrifice in a laena
toga, one of which was brought round over the left which was fastened round the throat by a clasp,
shoulder. It was generally tucked into the girdle, and in the case of the dialis was woven by the
but sometimes was allowed to hang down loose. hands of the flaminica.  (Serv. ad Virg. Aen. iv.
Plautus (Mereat. i. 2. 16) indicates that it occa- 262; Cic. Brat. 57.)
sionally served for a pocket-handkerchief (At ti    4. In later times the laena seems, to a certain
edepol sume lacinianz atque absterge sudorem tibi): extent, to have been worn as a substitute for the
Velleius Paterculus (ii. 3) represents Scipio Nasica  toga.  Thus the courtly bard in Persius (i. 32) is
as wrapping the lacinia of his toga round his left introduced reciting his fashionable lays with a
arm for a shield (compare Val. Max. iii. 2. ~ 17) violet-coloured laena over his shoulders; and we
before he rushed upon Tib. Gracchus; while, ac- gather from Juvenal (v. 130, vii. 73) that it was




666          LAMPADEPHORIA.                                     LAMPADEPHORIA.
an ordinary article of dress among the poorer  another by a chain of runners, each of whom
classes. (Becker, Gallus, vol. ii. p. 99.)         formed a successive link.  The first, after running
5. Nonius  defines it to  be " vestimentum   a certain distance, handed it to the second, the
militare cluod supra omnia vestimenta sumitur,"  second in like manner to the third, and so on, till
but quotes no authority except Virg. Aen. iv. it reached the point proposed.  Hence the game is
262.                                  [W. R.]    used by Herodotus (viii. 98) as a comparison
LAGE'NA.  [VINUM.]                               whereby to illustrate the Persian &y'yapYove, by
LAMPADA'RCHIA.  [LAMPADEPHORIA.]    Plato (Leg. p. 776, b.) as a living image of suc,
LAMPADEPHO'RIA  (Xnactral1popia), toirch-  cessive generations of men, as also in the wellbear-ing (as Herodotus calls it), or XAae7ra6r-polfa, known line of Lucretius (ii. 77.)
torch-r-ace (as some lexicographers), also Xamcr~adi;xOes  &yci,  and often simply Xanurcs, was a       " Et quasi cursores vitai lampada tradunt."
game common no doubt throughout Greece; for  (Compare also Auctor, ad Herenn. iv. 46.)  And
though all we know  concerning it belongs to  it is said that the art consisted in the several runAthens, yet we hear of it at Corinth, Pergamus, ners carrying the torch unextinguished through
and Zerinthus (Bdckh, Publ Econ. of At/hens, p. their respective distances, those who let it go out
463, 2nd ed.; MUller, Minerv. Polias, p. 5); and  losing all share of honour.  Now, if this were all,
a coin in Mionnet, with a Xaunrds on it, which is  such explanation might content us. But, secondly,
copied below, bears the legend'AiupLroXirLT'.     we are plainly told that it was an &ycv,, the runAt Athens we know of five celebrations of this  ners are said a&lcXXao-Oan (Plat. Rep. 1. c.); some are
game: one to  Prometheus at the Prometheia  said to have won (zucat' Aau7rdis, Andoc. in Alcib.
(Schol. ad AAristoph. Ran. 13]; Ister. ap. Hlarpocr. ad fin.; compare Biickh, Inse. No. 243, 244); the
s. v.); a second to Athena at the Panathenaea*  Schol. on Aristoph. Ran. (I. c.) talks of ross
(Herod. vi. 105, and /1. cc.); a third to Hephaestos   r''dcrovs TrpExoVras, which shows that it must have
at the Hephaesteiat (Herod. viii. 9, and 11. cc.); a  been a race between a number of persons; the
fourth to Pan (Herod. v. 105); a fifth to the Thra-  Schol. on the same play (v. 133) speaks of aheyaL
cian Artemis or Bendis. (Plat. de Rep. p. 328, a.)'robs 6potE'as, Tobs'rpiXovTas, which shows that a
The three former are of unknown antiquity; the  number must have started at once.
fourth was introduced soon after the battle of Ma-    This second account implies competition.  But
rathon; the last in the time of Socrates.          in a chain of runners, each of whom  handed the
The race was usually run on foot, horses being  torch to the next man successively, where could the
first used in the time of Socrates (Plat. I. c.); competition be?   One runner might be said to
sometimes also at night. (Interp. vetus ad Luecret.  lose - he who let the torch out; but who could be
ii. 77. ap. Wakef.)  The preparation for it was a  said to win?
principal branch of the'yvvcarorapxia, so much so    We offer the following hypothesis in answer to
indeed in later times, that XaureraapXia seems to  this question.   Suppose that there were several
have been pretty much equivalent to the yvjuvar-  chains of runners, each of which had to carry the
apXia. (Aristot. Pol. v. 8. 20.)  The gymnasiarch  torch the given distance.  Then both conditions
had to provide the Xaecirds, which was a candle-  would be fulfilled.  The torch would be handed
stick with a kind of shield set at the bottom of along each chain, -  which would answer to the
the socket, so as to shelter the flame of the candle; first condition of successive delivery.  That chain
as is seen in the following woodcut, taken from a  in which it travelled most quickly and soonest
coin in Mionnet (pl. 49.                           reached its destination would be the winner, —
6.)  He had also to pro-                           which would answer to the second condition, it
vide for the training of the                       being a race between competitors.
runners, which was of no                              In confirmation of this hypothesis we observe
slight consequence, for the   Z                    as follows: -The inscription in Bbickh, No. 245,
race was evidently a se-                           consists of the following lines: -
vere one (compare Aris-                               X Aevrc3a veicioas aeLVv Pdp/~ols'rTlv a' aveOlca
toph.  Vesp. 1203, Ran.           l I                   ErX 77'es      EiUXOUS  AOOS.
1085), with  other  expenses, which oii the whole                           This Eutychides was no doubt the gymnasiarch
were very heavy, so that                           who won with the Epfos he had trained, just as
Isaeus (de Philoct. lIscered. p. 62. 20) classes  Andocides (I. c.) talks of his eevrscm1rcai Xa/ulrd3
this office with the Xopw'ela and'rpnlpapXta, and  as gymnasiarch; so too Inscr. No. 250 records a
reckons that it had cost him 12 minae.  The dis-  like victory of the tribe Cecropis.* Now we know
charge of this office was called  yvl2vaerapXE7v  that the gymnasiarchs were chosen one from  each
XaaycFrrd  (Isaeus, 1. c.), or E'V eras Xacmrdoi yvchva- tribe. If theneach furnished a chain of Xay7rarqp6olapXELartOe  (Xen. de Vectig. iv. 52).  The victo- pot,there would havebeen ten (in latertimes twelve)
rious gymnasiarch presented his Xaycras as a votive  chains of runners.  Perhaps, however, the gymoffering (&ed0eci a, Bbckh, Isscr. No. 243, 250).   nasiarchs were not all called on to perform this serAs to the manner of the Xalnra87sjpopia, there  vice, but each once only in the year, which would
are some things difficult to understand.  The case  allow us for each of the three greater celebrations
stands thus.  We have two accounts, which seem
contradictory. -First, it is represented as a course,    * No. 244 gives a list of oi vznLscaares'rvV:n which a XaeA7ras was carried from one point to  Xaysrdaa, the woinners in the torch-race, fourteen in
number.  Who were these?  If the several links
* Probably the greater Panathenaea.  (B6ckh, of the winning chain, it is rather against analogy
ubi supr.)                                         that they should be named.  No one ever heard
~ The ceremony at the Apaturia was different, the names of a chorus; yet they can hardly be
[APArURIuL.]                                       fourteen winning gymnasiarchs.




- LANX.                                       LARARIUM.                  667
(the Prometheia, Panathenaea, and Hephaesteia)  bossed, used at splendid entertainments to hold
three or four chains of competitors.             meat or fruit (Cic. ad Ati. vi. 1; Hor. Sat. ii. 2.
The place of running was, in these great celebra- 4, ii. 4. 41; Ovid. de Ponto, iii. 5. 20; Petron.
tions, from the altar of the Three Gods (Prome-  31); and consequently at sacrifices (Virg. Georg.
theus, Athena, and Hephaestos) in the outer  ii. 194, 394, Aen. viii. 284, xii. 215; Ovid. de
Cerameicus to the Acropolis, a distance of near half Ponto, iv. 8. 40) and funeral banquets (Propert.
a mile. (Pausan. i. 30. ~ 2; Schol. adRan. 1085.)  ii. 13. 23).  The silver dishes, used by the RoThat in honour of Bendis was run in the Peiraeeus. mans at their grand dinners, were of a vast size,
(Plat. 1. c.)                                    so that a boar, for example, might be brought whole
The origin of these games must be sought, we  to table.  (Hor. 1. c.)  They often weighed from
think, in the worship of the Titan Prometheus.  100 to 500 pounds. (Piin. Iii. N. xxxiii. 52.)
The action of carrying an unextinguished light    The balance (LIBRA bilanx, Mart. Cap. ii. 180)
from the Cerameicus to the Acropolis is a lively  was so called, because it had two metallic dishes.
symbol of the benefit conferred by the Titan upon  (Cic. Acad. iv. 12, Tusc. v. 17; Virg. Aen. xii.
man, when he bore fire from the habitations of 725; Pers. iv. 10.)                   [J. Y.]
the gods, and bestowed it upon man.                LA'PHRIA (Adptia), an annual festival, celegcxita~s,asce/AroLO ar/pmbOs  Keo7r~nov     a/y  hibrated at Patrae in Achaia, in honour of Artemis,
(Hesiod Teo 566 Gaisf)  surnamed Laphria. The peculiar manner in which
iC Koifx  VcipO4KI.   (Hesiod. Tlieog. 566. Gaisf.)  su
it was solemnised during the time of the Roman
But the gratitude to the giver of fire soon passed  empire (for the worship of Artemis Laphria was
to the Olympian gods who presided over its use, not introduced at Patrae till the time of Augustus),
-  Hephaestos, who taught men to apply it to the  is described by Pausanias (viii. 18. ~ 7).  On the
melting and moulding of metal, and Athena, who  approach of the festival the Patraeans placed in a
carried it through the whole circle of useful and  circle, around the altar of the goddess, large pieces
ornamental arts.  To these three gods, then, were  of green wood, each being sixteen yards in length;
these games at first devoted, as the patrons of fire. within the altar they placed dry wood. They then
And looking to the place it was run in —the  formed an approach to the altar in the shape of
Cerameicus or Potters' quarter- we are much in-  steps, which were slightly covered with earth.
dined to adopt Welcker's suggestion (Aesclylisc7ze  On the first day of the festival a most magnifi%Tilogie, p. 121), viz. that it was the Iepaltters or cent procession went to the temple of Artemis, and
potters who instituted the Xapl7raplmopia.  Athena  at the end of it there followed a maiden who had
(as we learn from the Kepablts) was their patron  to perform the functions of priestess on the occagoddess; and who more than they would have  sion, and who rode in a chariot drawn by stags.
reason to be thankful for the gift and use of fire?  On the second day the goddess was honoured with
Pottery would be one of the first modes in which  numerous sacrifices, offered by the state as well as
it would be made serviceable in promoting the arts  by private individuals.  These sacrifices consisted
of life.  In later times the same honour was paid to  of eatable birds, boars, stags, goats, sometimes of
all gods who were in any way connected with fire, the cubs of wolves and bears, and sometimes of the
as to Pan, to whom a perpetual fire was kept up in  old animals themselves.  All these animals were
his grotto under the Acropolis, and who was in  thrown upon the altar alive at the moment when
this capacity called by the Greeks Phanetes, by  the dry wood was set on fire. Pausanias says that
the Romans Lucidus; so also to Artemis, called  he often saw a bear, or some other of the animals,
by Sophocles'Afupl)rvpos, and worshipped as the  when seized by the flames, leap from the altar and
moon.  (Creuzer, Synzbolique, vol. ii. pp. 752, 764, escape across the barricade of green wood.  Those
French transl.)  At first, however, it seems to  persons who had thrown them  upon the altar,
have been a symbolic representation in honour of caught the devoted victims again, and threw them
the gods who gave and taught men the use of back into the flames.  The Patraeans did not rematerial moulding fire (ardvtreXvov' up, aSdoaclxoS  member that a person had ever been injured by
TEXv,7s, as Aeschylus calls it, Prom. 7. 110), any of the animals on this occasion. (Comp. Pans.
though this special signification was lost sight of iv. 31. ~ 6; Schol. ad Esrip. Orest. 1087.) [L. S.]
in later times.  Other writers, in their anxiety to    LAPICIDINAE.  [LaUTUMIA..]
get a common signification for all the times and    LAPIS MILLIA'RIUS.  [MILLIARIUM.]
modes of the Xaxuaravlapopia,    have endeavoured to    LAPIS SPECULA'RIS. [DoMus, p; 432a.]
prove that all who were honoured by it were con-    LA'QUEAR.  [DoMus, p. 432, a.]
nected with the heavenly bodies, Xan7rpol avva'oaL,    LA'QUEUS, a rope, was used to signify the
(so Creuzer, 1. c.; MUller, Minerva Polias, p. 5); punishment of death by strangling. This mode of
others that it always had an inner signification, execution was never performed in public, but only
alluding to the inward fire by which Prometheus  in prison and generally in the Tullianum.  IHence
put life into man (so Brinsted, Voyages, vol. ii. we find the words career and laqueus frequently
p. 286, note 2). But this. legend of Prometheus joined together (see e.g. Tac. Ann. iii. 50).  Perwas a later interpretation of the earlier one, as may  sons convicted of treason were most frequently put to
be seen by comparing Plat. Protag. p. 321, d, with  death by strangling, as for instance the Catilinarian
Hesiod. Tlheog. 561, &c.          [H. G. L.]    conspirators (laqueo gulam fregere, Sall. Cat. 55).
LAMPAS.  [LAMPADEPHORIA.]                     This punishment was frequently inflicted in the
LANA'RIUS.  [PILEaUS.]                        reign of Tiberius (Tac. Ann. v. 9, vi. 39, 40;
LA'NCEA.  [HAsTA, p. 588 a.]                   Suet. Tib. 61), but was abolished soon afterwards
LANIFI'CIUM.  [TELA.]                         (Tac. Ann. xiv. 48).
LANISTA.  [GLADIATORES.]                         LAQUEATO'RES.  [GLADIATCRES, P. 575,
LANTERNA.  [LATERNA.]                          b.]
LANX, dim. LANCULA, a large dish, made    LARA'RIUM  was a place in the inner part of
of silver or some other metal, and sometimes em- a Roman house, which was dedicated to the Larea,




668                LATER.                                           LATER.
and in which their images were kept and worshipped.  It seems to have been customary for religious Romans in the morning, immediately after
they rose, to perform their prayers in the lararium.
This custom is said at least to have been observed
by the emperor Alexander Severus (Lamprid. Al.
Sev. 29, 31), who had among the statues of his
Lares those of Christ, Abraham, Orpheus, and
Alexander the Great.  This emperor had a second
lararium, from which the first is distinguished by
the epithet majus, and the images of his second or
lesser lararilm were representations of great and
distinguished men, among whom  are mentioned
Virgil, Cicero, and Achilles.  That these images
were sometimes of gold, is stated by Suetonius
(Vitell. 2).  We do not know whether it was customary to have more than one lararitum in a house,
or whether the case of Alexander Severus is merely  Paus. viii. 8. ~ 5), and those which were burnt in
to be looked upon as an exception.    [L. S.]   the kiln (cocti or coctiles; inreafi, Xen. Anab. ii. 4.
LARENTA'LIA, sometimes written LAREN- ~ 12; Herod. 1. c.).  They preferred for the pur.
TINA'LIA and LAURENTA'LIA, was a Ro- pose clay which was either whitish or decidedly
man festival in honour of Acca Larentia, the wife  red.  They considered spring the best time for
of Faustulus and the nurse of Romulus and Remus. brick-making, and kept the bricks two years before
It was celebrated in December on the 10th before  they were used.  (Pallad. de Rust. vi. 12). They
the Calends of January.  (Festus, s. v.; Macrob. i. made them principally of three shapes; the Ly10; Ovid, Fast. iii. 57.)  The sacrifice in this diaz, which was a foot broad, 1  feet long; the
festival was performed in the Velabrum at the  tetradoron, which was four palms square, i. e.
place which led into the Nova Via, which was  1 foot; and the penttdoron, which was five palms
outside of the old city not far from  the porta square.  They used them  smaller in private than
Romanula.  At this place Acca was said to have  in public edifices.  Of this an example is prebeen buried.  (Macrob. I. c.; Varr. de Ling. Lat. sented in the great building at Treves, called the
v. 23, 24.)  This festival appears not to have been  palace of Constantine, which is built of "burnt
confined to Acca Larentia, but to have been sacred  bricks, each of a square form, fifteen inches in
to all the Lares. (Hartung, Die Religion ler Riz er, diameter, and an inch and a quarter thick." (Wytvol. ii. p. 146.)                                tenbach's Guide to the Roman Antiquities of Treves,
LARES.  See Dict. of Gr. and Rom. Biogracp1y  p. 42.)  These bricks therefore were the pentadora
ssnd Mythlology.                                 of Vitruvius and Pliny.  At certain places the
LARGI'TIO.  [AMBITUS; FRUMENTARIAE   bricks were made so porous as to float in water;
LEGEs.]                                          and these were probably used in the construction
LARNACES (kXpvatces). [FuNus, p. 555, b.]  of arches, in which their lightness would be a great
LATER, dim. LATERCULUS (srAMlos, die.  advantage. (Plin. HI. N. xxxv. 49; Vitruv. ii. 3.).rXlvOis, 7rXLvO0fo,) a brick.  Besides the Greeks  It was usual to mix straw with the clay. (Vitruv.
and Romans other ancient nations employed brick  1.. c; Pallad. de Re Rust. vi. 12; Exod. v. 7.)  In
for building to a great extent, especially the Baby- building a brick wall, at least crud(o latee, i. e.
lonians (I-Ierod. 179; Xen. Anhab. iii. 4. ~~ 7, 11; with unburnt bricks, the interstices twere filled
Nahum, iii. 14) and Egyptians.  In the latter with clay or mud (luto, Col. 1. c.), but the bricks
country a painting on the walls of a tomb at Thebes  were  also  sometimes  cemented  with  mortar.
(Wilkinson's Mllanners and Customs, vol. ii. p: 99) (Wyttenbach, p. 65, 66.)  For an account of the
exhibits slaves, in one part employed in procuring  mode of arranging the bricks, see Muaus.  The
water, in mixing, tempering, and carrying the clay, Babylonians used asphaltum as the cement. (Herod.
or in turning the bricks out of the mould [FoRMA], 1. c.) Pliny (vii. 57) calls the brickfield latestasic,
and arranging them in order on the ground to be and to make bricks lateres ducere, corresponding
dried by the sun, and in another part carrying the  to the Greek 7ruvOovs EA;eCYv or EpUe'w. (Herod. i.
dried bricks by means of the yoke [ASILLA].  In  179, ii. 136.)
the annexed woodcut we see a man with three    The Greeks considered perpendicular brick walls
bricks suspended from each end of the yoke, and  more durable than stone, and introduced them in
beside him another who returns from having de- their greatest public edifices.  Brick was so composited his load.                                mon at Rome as to give occasion to the remark of
These figures are selected from the above-men- the emperor Augustus in reference to his improvetioned painting, being in fact original portraits of ments, that, having found it brick (lateritiam), he
two'ALydrMOL 7rXLV'Oo(popol, girt with linen round  had left it marble. (Sueton. Aug. 29.) The Babythe loins in exact accordance with the description  lonian bricks are commonly found inscribed with
given of them  by Aristophanes, who at the same the characters called from their appearance arrowtime alludes to all the operations in the process of headed or cuneiform. It is probable that these inbrick-makiug (rALe007ro1tua, Schol. i PFind. 01. v. scriptions recorded the time and place where the
20), which are exhibited in the Theban painting. bricks were made. The same practice was enjoined
(Aves, 1132-1152; Schol. ad loc.)                by law upon the Roman brickmakers.  Each had
The Romans distinguished between those bricks  his mark, such as the figure of a god, a plant, or
which were merely dried by the. sun and air (la- an animal, encircled by his own name, often with
hetes crudi, Plin. H. N2. xxxv. 48; Varro, de Re  the name of the place, of the consulate, or of the
Rust. i. 14; Col. de Re Rust. ix. 1; 7rXiv0o6s-6', owner of the kiln or the brickfield.  (Seroux




! LATERNA.                                        LATINITAS.                 669
A'Agincourt, Rec. de FrazWmens, pp. 82 —88.)  It (Pherecrates, p. 21.)  It was carried' by a slave
has been observed by several antiquaries, that these  (Plaut. Aszphitr. Prol. 149, i. 1. 185; Val. Max.
imprints upon bricks might throw  considerable  vi. 8. ~ 1), who was called the latesenarius.  (Cic.
light upon the history and ancient geography of in Pis. 9.)                            [J. Y.]
the places where they are found.  Mr. P. E.    LATICLA'VII.   [CLAvUS.]
Wiener has accordingly traced the 22nd legion    LATI'NAE FE'RIAE.  [FERIAE.]
through a great part of Germany by the bricks    LATI'NITAS, LA'TIUM, JUS LA'TII (,b
which bear its name.  (De Leg. Rose. vic. sec., Icahovu.Evov AaeTos,, Strab. p. 186, Casaub.; AaTio
Darmstadt, 1830, p. 1 06-137.) In Britain many  oFrcaov,, Appian, B. C. ii. 26.) All these expressions
Roman bricks have been found in the country of are used after the Social war to signify a certain
the Silures, especially at Caer-leon, with the in- status intermediate between that of Cives and
scription LEG. II. AVG. stamped upon them. Peregrini. The word " Latinitas" occurs in Cicero
(Arcleaeologia, v. p. 35.)  The bricks, frequently  (ad Att. xiv. 12), where he is speaking of the Ladiscovered at York, attest the presence there of the  tinitas being given to the Siculi after Caesar's
6th and 9th legions.  (Wellbeloved's Eburaccum, death.  Before the passing of the Lex Julia de
pp. 13, 34, 118).                                Civitate, Latini were the citizens of the old towns
The term latercelus was applied to various pro- of the Latin nation, with the exception of those
ductions of the shape of bricks, such as pastry or which were raised to the rank of municipia: it
confectionery (Plaut. Poen. i. 2. 115; Cato, de also comprehended the coloniac Latinae.  There
Re Rust. 109); and for the same reason ingots of were before the Lex Julia only two classes, Cives
gold and silver are called lateres.  (Plin. tI. N. and Peregrini; and Peregrini comprehended the
xxxiii. 17.)                          [J. Y.]    Latini, Socii, and the Provinciales, or the free subLATERNA or LANTERNA (rndos, Aristoph. jects of the Romans beyond the limits of Italy.
Pax, 841; Pherecrates, p. 26. ed. Runkel; Au- About the year B.c. 89, a Lex Pompeia gave the
Xv'oUXos, Phrynichus, Eclog. p. 59; in  later Jus Latii to all the Transpadani, and the privilege
Greek, uav6rs, Athen. xv. 58; Philox. Gloss.), a of obtaining the Roman civitas by having filled a
lantern.  Two bronze lanterns, constructed with  magistratus in their own cities.  To denote the
nicety and skill, have been found in the ruins of status of these Transpadani, the word Latinitas
Herculaneum  and Pompeii.  One of them  is re- was used, which since the passing of the Lex Julia
presented in the annexed woodcut.  Its form is had lost its proper signification; and this was the
cylindrical.  At the bottom is a circular plate of origin of that Latinitas which thenceforth existed
metal, resting on three balls.  Within is a bronze  to the time of Justinian.  This new Latinitas or
lamp attached to the centre of the base and pro- Jus Latii was given to whole towns and countries;
vided with an extinguisher, shown on the right as for instance by Vespasian to the whole of Spain
hand of the lantern.'The plates of translucent (Plin. I-list. Nat. iii. 4); and to certain Alpine
horn, forming the sides, probably had no aperture; tribes (Latio donati, Id. iii. 20).  I-adrianus gave
but the hemispherical cover may be raised so as to  the Latium (Latium dedit) to many cities. (Spart.
admnit the hand and to serve instead of a door, and  IIadrian. 21).
it is also perforated with holes through which the    This new Latinitas was given not only to towns
smoke might escape.  To the two upright pillars already existing, but to towns which were founded
supporting the frame-work, a front view of one of subsequently to the Lex Pompeia, as Latinae Cowhich is shown on the left hand of the lantern, loniae; for instance Novum-Comum, which was
chains are attached for carrying the lantern by  founded B. c. 59 by Caesar.  (Appian, B. C. ii.
means of the handle at the top.                  26.)  Several Latin towns of this class are mentioned by Pliny, especially in Spain.
Though the origin of this Latinitas, which makes
so prominent a figure in the Roman jurists, is cert ain, it is not certain wherein it differed from that
Latinitas which was the characteristic of the Latini
before the passing of the Julia Lex. It is however
clear that all the old Latini had not the same
rights, with respect to Rome; and that they could
acquire the civitas on easier terms than those by
which the new Latinitas was acquired.  (Liv. xli.
12.)  Accordingly the rights of the old Latini
might be expressed by the term Majus Latium,
and those of the new Latini by the term Minus
Latimn, according to Niebuhr's ingenious emendation of Gaius (i. 96).  The Majus Latium might
be considered to be equivalent to the Latium  Antiquum and Vetus of Pliny (iv. 22); for Pliny, in
describing the towns of Spain, always describes
the proper colonies as consisting " Civium Romanorum," while he describes other towns as consistWe learn from Martial's epigrams (xiv. 61, 62) ing sometimes "Latinorum" simply, and sometimes
that bladder was used for lanterns as well as horn. " Latinorum veterum," or as consisting of oppidani
Some centuries later glass was also substituted. "Latii veteris;" from  which an opposition be(Isid. Orig. xx. 10.)  The most transparent horn  tween Latini Veteres and Latini simply might be
lanterns were brought from Carthage. (Plaut. AiW. inferred,  But a careful examination of Pliny
iii. 6. 30.)  When the lantern was required for rather leads to the conclusion that his Latini Veuse, the lamp was lighted and placed within it. teres and Latini are the same, and that by these




a,70            LATINITAS.                                      LATRUNCULLT.
terms he merely designates the Latini Coloniarii    LATROCIINIUM, LATRO'NES.  Armed
hereafter mentioned.  The emendation of Niebuhr persons, wbo robbed others abroad on the public
is therefore not supported by these passages of roads, or elsewhere, were called Latrones, and their
Pliny, and though ingenious, it ought perhaps to crime Latrocinium.  Murder was not an essential
be rejected; not for the reasons assigned by Mad- part of the crime, though it was frequently an acvig, which Savigny has answered, but because it companiment. (Sen. de Ben. v. 14; Festus, p. 118,
does not appear to be consistent with the whole ed. Muller; Dig. 49. tit. 15. s. 24, 50. tit. 16.
context of Gaius.                               s.  118.) Under the republic, Latrones were appreThe new Latini had not the connubium; and it hended by the public magistrates, such as consuls
is a doubtful question whether the old Latini had and praetors, and forthwith executed (Liv. xxxix.
it.- The new Latini had the commercium.          29, 41).  By the Lex Cornelia de Sicariis of the
This new  Latinitas, which was given to the dictator Sulla, they were classed with sicarii, and
Transpadani, was that legal status which the Lex punished with death, and this law continued in
Junia Norbana gave to a numerous class of freed- force in the imperial period (Paulus, v. 23; Dig.
men, hence called Latini Juniani.  (Gaius, i. 22, 48. tit. 19. s. 28. ~ 15; Sel. de Clem. ii. 1, Epist.
iii. 56; Ulp. Frag. tit. i.) The date of this lex is 7; Petron. 91).  The Grassatores were another
not ascertained; but it is fixed with some pro- kind of robbers, who robbed people in the streets
bability at A. U. C. 772. (Latini Juniacni, by or roads. The name seems to have been originally
C. A. Von Vangerow, Marburg, 1833.)              applied to those robbers, who did not carry arms,
The Latini Coloniarii, who are mentioned by and who followed their trade alone.  They appear
IJlpian (Frog. xix. s. 4), are the inhabitants of towns to have been classed with the sicarii by the Lex
beyond Italy, to whom the Latinitas was given. Cornelia; and if they used arms or were united
These are the towns which Pliny calls " oppida with others in committing the robbery, they were
Latinorum veterum," and enumerates with the "op- punished in the same manner as latrones (Cic. de
pida civium  Romanorum " (iii. 3), which were Fato, 15; Suet. Oct. 32; Dig. 48. tit. 19. s. 28.
military colonies of Roman citizens. The passages ~ 10). Comp. Rein, Das Criminalreclt der Rtiner,
in which the Latini Coloniarii are mentioned, as a pp. 424-426.
class then existing, must have been written before    LATRU'NCULI (7reo'oot, *Jjos), draughts.
Caracalla gave the Civitas to the whole empire.    The invention of a game resembling draughts was
These, which are the views of Savigny on this attributed by the Greeks to Palamedes (ABACUS,
difficult subject, are contained in the Zeitscirift, vol. ~ 5). The game is certainly mentioned by Homer,
ix. Der RMim. Volksschluss der Tafel eon Heraclea. who represents the suitors of Penelope amusing
The Latini could acquire the Jus Quiritium, ac- themselves with it. (Od. i. 107.) Others ascribed
cording to Ulpian (Frag. tit. iii. De Latinis), in the  invention to the Egyptian Theuth  (Plat.
the following ways:- By the Beneficium Princi- Plaedr. p. 274 d.); and the paintings in Egyptian
pale, Liberi, Iteratio, Militia, Navis, Aedificium, tombs, which are of far higher antiquity than anly
Pistrinum; and by a Senatus-consultum  it was Grecian monuments, not unfrequently represent
given to a female " vulgo quae sit ter enixa." These persons employed in this recreation.  The paintvarious modes of acquiring the civitas are treated  ing, from  which the accompanying woodcut is
in detail by Ulpian, from which, as well as the taken, is on a papyrus preserved in the Museum
connection of this title " De Latinis" with the of Antiquities at Leyden, and was probably made
first title which is "De Libertis," it appears that about 1700 years B.c.  It is remarkable that a
lie only treated of the modes in which the civitas man is here represented playing alone; whereas
might be acquired by those Latini who were Li- not only in works of Egyptian art, but also on
berti.  The same remark applies to the observa- Greek painted vases, we commonly observe two
tions of Gaiuss (i. 28) on the same subject (Qucibus persons playing together.  For this purpose there
m20dis Latinzi ad Civitatems Romnanam perveniaent).
In speaking of the mode of acquiring the civitas,
by means of Liberi, Gains speaks of a Latinus, that
is, a Libertus Latinus, marrying a Roman citizen,
or a Latina Coloniaria, or a woman of his own condition, from which it is clear that all his remarks
under this head apply to Liberti Latini; and it
also appears that Gains speaks of the Latini Coloniarii as a class existing in his time.  Neither
Ulpian nor Gaius says any thing on the mode by
which a Latinus Coloniarius might obtain the Civitas Romana.
Savigny's opinions on the nature of the Latinitas  are further explained  in the eleventh
number of the Zeitschrift  (Ncachtrige zz den,fii'iheren Arbeiten).  Richard of Cirencester, in
his work De Sitm Britaeniae, speaks bf ten cities
in Britain,  which were Latio jzlre dontae; and
this is a complete proof, independent of other
proofs, that Richard  compiled  his work from  were two sets of men, one set being black, the
genuine materials. The expression " Latium Jus"  other white or red.  Being intended to represent
could not be invented by a monk, and he here a miniature combat between two armies, they were
nsed a genuine term, the full import of which  called soldiers (mailites, Ovid. Trist. ii. 477), foes
lie certainly could not understand. See also Civis, (lostes), and marauders (iatrones, dim. latrunculi,
I!BaRTUS, MANUMISSIO.                [G. L.]    Ovid. Art. Amat. ii. 208, iii. 357; Mart. xivr.




LAUTUMIAE.                                         LECTICA.                  671
20; Sen. Epist. 107); also CALCUJLr, because  whole was a stadium in length, and two plethra in
stones were often employed for the purpose. (Gell. width. (Aelian. 1. c.)  It was not only used as a
xiv. 1.)  Sometimes they were made of metal or prison for Syracusan criminals, but other Sicilian
ivory, glass or earthenware, and they were vari- towns also had their criminals often removed to it.
ous and often fanciful in their forms.  The object    The Tullianum  at Rome was also sometimes
of each player was to get one of his adversary's called lautumiae. [CARCER.]           [L. S.]
men between two of his own, in which case he    LECTI'CA  (KXALZf, 1KcXLLs', or epopepoE,) was a
was entitled to take the man kept in check (Ovid, kind of couch or litter, in which persons, in a lying
II. cc.; Mart. xiv. 17), or, as the phrase was, alli- position, were carried from one place to another.
gyatus (Sen. Epist. 118).  Some of the men were  They may be divided into two classes, viz., those
obliged to be moved in a certain direction (ordine), which were used for carrying the dead, and those
and were therefore called ordinarii; others might which served as conveniences for the living.
be moved any way, and were called vagi. (Isid.    The former of these two kinds of lecticae (also
O g. xviii. 67); in this respect the game resem- called lectica funebris, lecticula, lectus funebris,
bled chess, which is certainly a game of great feretrum or capulum), in which the dead were carantiquity.                                       ried to the grave, seems to have been used among
Seneca calls the board on which the Romans the Greeks and Romans from very early times. In
played at draughts, tabula latrauncularia (Epist. the beauty and costliness of their ornaments these
118).  The spaces into which the board was lecticae varied according to the rank and circumdivided were called mandrae. (Mart. vii. 71.) The  stances of the deceased. [FvNUS, p. 559 a.] The
abacus, represented at page 1, is crossed by five lectica on which the body of Augustus was carried
lines. As five men were allowed on each side, we to the grave, was made of ivory and gold, and was
may suppose one player to arrange his five men on  covered with costly drapery worked of purple and
the lines at the bottom of the abacus, and the other gold. (Dion Cass. lvi. 34; compare Dionys. Ant.
to place his five men on the same lines at the top, Roes. iv. 76; Corn. Nepos, A tt. 22. ~ 2; Tacit.
and we shall have them disposed according to the  HIist. iii. 67.)  During the latter period of the
accounts of ancient writers (Etymol. M1ctg. s. v. empire public servants (lecticarii) were appointed
Ileoxorl: Pollux, ix. 97: Eustath, in Homn. 1. c.), for the purpose of carrying the dead to the grave
who say that the middle line of the five was called  without any expense to the family to whom the
lepa?ypd/uy7.  But instead of five, the Greeks and  deceased belonged. (Novell. 43 and 59.)  RepreRomans often had twelve lines on the board, sentations of lecticae funebres have been found on
whence the game so played was called duodecim  several sepulchral monuments. The following woodscripta. (Cic. de Orat. i. 50; Quintil. xi. 2; Ovid, cut represents one taken from the tombstone of
Art.AAmat. iii. 363.)  Indeed there can be little  M. Antonius Antius Lupus.
doubt that the latrunculi were arranged and played
in a considerable variety of ways, as is now the
case in Egypt and other Oriental countries. (Nie-                -       -.....
buhr, Reisebesclr. nach Arabien, vol. i. p. 172.)  I                                       ~ 11VI _
Besides playing with draughtsmen only, when               _
the game was altogether one of skill, the ancients
used dice (TESSERAE, KvUtt) at the same time, so
as to combine chance with skill, as we do in backgammon or tric-trac.  (Ter. Adelph. iv. 7. 23;
Isid. Orig. xviii. 60; Brunck, An. iii. 60; Becker, (Compare Lipsius, Elect. i. 19; Scheffer, De Re
Gallus, vol. ii. p. 228, &c.)        [J. Y.]    Vehiculari, ii. 5. p. 89; Gruter, Inscript. p. 954.
LATUS CLAVUS.  [CLAvUS LATUS.]                8; Bottiger, Sabina, vol. ii. p. 200; Agyafalva,
LAUDA'TIO FUNEBRIS. [FuNus, p.559 a.]  WVanderungen &dsrclb Pompeii.)
LAURENTA'LIA.  [LARENTALIA.]                     Lecticae for sick persons and invalids seem likeLAU'TIA.  [LEGATUS.]                          wise to have been in use in Greece and at Romne
LAUTU/MIAE, LAUTO'MIAE, LATO'- from very early times, and their construction proMIAE, or LAT U'MIAE (XtOoTodlaL or haaroeila, bably differed very little from  that of a lectica
Lat. Lapicidinae), are literally places where stones funebris. (Liv. ii. 36; Aurel. Vict. De Vir. Ill. c.
are cut, or quarries; and in this sense the word  34.)  WVe also frequently read that generals in
aeroyLiai was used by the Sicilian Greeks. (Pseudo- their camps, when they had received a severe
Ascon. ad Cic. c. Verr. ii. 1. p. 161, ed. Orelli; wound, or when they were suffering from ill health,
compare Diodor. Sic. xi. 25; Plaut. Poenul. iv. 2. made use of a lectica to be carried from one place
5, Capt. iii. 5. 65; Festus, s. v. Latussmiae.)  In  to another. (Liv. xxiv. 42; Val. Max. ii. 8. ~ 2;
particular, however, the name lautumiae was given  i. 7; Sueton. As2g. 91.)
to the public prison of Syracuse.  It lay in the    Down to the time of the Gracchi we do not hear
steep and almost inaccessible part of the town  that lecticae were used at Rome for any other purwhich was called Epipolae, and had been built by  poses than those mentioned above.  The Greeks,
Dionysius the tyrant. (Aelian. V. tI. xii. 44; Cic. however, had long been familiar with a different
e. Verr. v. 55.)   Cicero, who had undoubtedly  kind of lectica (KcAlsV or 00ope70o), which was inseen it himself, describes it (c. Verr. v. 27) as an  troduced among them from Asia, and which was
immense and magnificent work, worthy of kings more aln article of luxury than anything to supply
and tyrants. It was cut to an immense depth into  an actual want.  It consisted of a bed or mattress
the solid rock, so that nothing could be imagined  and a pillow to support the head, placed upon a
to be a safer or stronger prison than this, though it kind of bedstead or couch.  It had a roof consisthad no roof, and thus left the prisoners exposed to  ing of the skin of an ox, extending over the couch
the heat of the sun, the rain, and the coldness of and resting on four posts.  The sides of this lec.
the nights.  (Compare Thucyd. vii. 87.)  The  tica were covered with curtains (avar;ia).  It ap



67 2'             LECTICA.                                           LECTICA.
pears to have been chiefly used by women (Suid. asseres rested on the shoulders of the lecticarii, and
s. V. -ope0?ov), and by men only when they were  not on thongs which passed round the necks of these
in ill health. (Anacr. ap Atlien. xii. p. 533, &c.; slaves and hung down from  their shoulders, as
Plut. Pericl. 27; Lysias, De Yuln. Praem. p. 172; some modern writers have thought. (Senec. Epist.
Andocid. De Alfst. p. 30; Plut. Eunen. 14.j  If 80. 110; Tertull. ad Uxor. i. 4; Clem. Alex.
a man without any physical necessity made use of Paedag. iii. 4; Juv. iii. 240, ix. 142.)  The act
a lectica, he drew upon himself the censure of his  of taking the lectica upon the shoulders was called
countrymen as a person of effeminate character. suecollare (Plin. H. N. xxxv. 1 0; Suetoll. Claud.
(Dinarch. c. Demnosl. p. 29.)  But in the time  10), and the persons who were carried in this
subsequent to the Macedonian conquests in Asia, manner were said succollari (Sueton. Otho. 6).
lecticae were not only more generally used inll From  this passage we also learn that the name
Greece, but were also more magnificently adorned. lecticarii was sometimes incorrectly applied to those
(Plut. Arat. 17.)  The persons or slaves who car- slaves who carried a person in a sella or sedanried their masters or mistresses in a lectica were  chair. The number of lecticarii employed in carry.
called popcaeptpoi (Diog. Laert. v. 4. ~ 73), and  inl one lectica varied according to its size, and the
their number was generally two or four. (Lucian,  display of wealth which a person might wish to
Epist. Satzurn. 28; Somnz. s. Gall. 10; Cyn. 9; make.  The ordinary number was probably two
compare Becker, Chlarikles, ii. p. 71, &c.)  When  (Petron. Sat. 56; Juv. ix. 142); but it varied from
this kind of lectica was introduced among the  two to eight, and the lectica is called hexaphoron
Romans, it was chiefly used in travelling, and only  or octophoron, accordingly as it was carried by six
very seldom in the city of Rome itself.  The first or eight persons. (Juv. i. 64; Mart. ii. 81, vi. 77;
trace of such a lectica is in a fragment of a speech  Cic. c. Yerr. v. 11, ad Quint. ii. 10.)   Wealthy
of C. Gracchus, quoted by Gellits (x. 3).  From   Romans kept certain slaves solely as their lecticarii
this passage it seems evident that this article of (Cic. ad Fanm. iv. 12); and for this purpose they
luxury was introduced into Italy from Asia, and  generally selected the tallest, strongest, and most
that at the time scarcely any other lectica than the  handsome men, and had them always well dressed.
lectica funebris was known to the country people  In the time of Martial it seems to have been cusabout Rome.  It also appears from  this passage  tomary for the lecticarii to wear beautiful red livethat the lectica there spoken of was covered; other- ries. The lectica was generally preceded by a slave
wise the countryman could not have asked whether  called anteambulo, whose office was to make room
they were carrying a dead body. (Compare Cic. for it. (Martial, iii. 46; Plin. Epist. iii. 14; comPhilip. ii. 45; Plut. Cic. 48; Dion Cass. xlvii. 10.) pare Becker, Gallus, i. p. 213, &c.)
The resemblance of such a lectica used by the Reo-    Shortly after the introduction of these lecticae
malls to that which the Greeks had received from  among the Romans, and during the latter period of
Asia is manifest from the words of Martial (xi. the republic, they appear to have been very com98): lectica tuta pelle veloque.  It had a roof con- meon, though they were chiefly used in journeys, and
sisting of a large piece of skin or leather expanded  in the city of Rome itself only by ladies and inover it and supported by four posts, and the sides valids. (Dion Cass. lvii. 17.) But the love of this
also were covered with curtains (velc, plagae, or as well as of other kinds of luxury increased so
plagule; compare Senec. Stas. i. 6; Suet. Tit. 10). rapidly, that Julius Caesar thought it necessary to
During the time of the empire, however, the cur- restrain the use of lecticae, and to confine the pritains were not thought a sufficient protection for a  vilege of using them to certain persons of a certain
lectica; and, consequently,we find that lecticae used  age, and to certain days of the year. (Sueton.
by men as well as women, were closed on the sides  Caes. 43.)
with windows made of transparent stone (tpis    In the reign of Claudius we find that the privilege,pecczaris), whence Juvenal (iv. 20) calls such a  of using a lectica in the city was still a great dislectica an ant zrul claussane l tis specular/bits. (Corm- tinction, which was only granted by the emperor
pare Juv. iii. 239.)  WVe sometimes find mention  to his especial favourites.  (Suet. Cilaud. 28.)  But
of a lectica aperta (Cic. Phil. ii. 24), but we have  what until then had been a privilege became grano reason to suppose that in this case it had no  dually a right assumed by all, and every wealthy
roof, for the adjective aperta probably means no- Roman kept one or more lecticae, with the requisite
thing more than that the curtains  were removed, number of lecticarii. The emperor Domitian, howi. e. either thrown aside or drawn  up.  The  ever, forbade prostitutes the use of lecticae. (Suet.
whole lectica was of an oblong form, and the per- Doneit. 8.)  Enterprising individuals gradually beson conveyed in it lay onl a bed, and the head  gan to form companies (corpus lecticariorns), and
was supported by a pillow, so that he might to establish public lecticae, which had their stands
read and write in it with ease.  To what extent (castra lecticarioruem) in the regio tranlstiberila,
the luxury of having a soft and pleasant bed in a  and probably in other parts also, where any one
lectica was carried, as early as the time of Cicero, might take a lectica on hire. (Victor, De Regionzzb.
may be seen from  one of his orations against  Urb. Rons. in Graevii Thesaur. iii. p. 49; Martial,
Verres (v. 11).  Feather-beds seem to have been  iii. 46.)  The persons of whom  these companies
very common.  (Juv. i. 159, &c.)  The frame- consisted, were probably of the lower orders or
work, as well as the other mappurtenances, were, freedmen.  (Compare Gruter, Inscript. 599. 11,
with wealthy persons, probably of the most costly  600. 1.)
description.  The lectica, when standing, rested on    The lecticae of which we have hitherto spoken,
four feet, generally made of wood.  Persons were  were all portable, i. e. they were constructed in
carried in a lectica by slaves (lecticarii) by means  such a manner that the asmeres might easily be
of poles (asseres) attached to it, but not fixed, so  fastened to them  whenever it was necessary to
that they might easily be taken off when neces- carry a person in them  from one place to another.
sary.  (Sueton. Calig. 58; Juv. vii. 122, iii. 245; But the name lectica, or rather the diminutive lecMiartial, ix. 23. 9.) There can be no doubt thatthe  ticula, was also sometimes applied to a kind of




LECTUS.                                             LECTUS.                   f,3
sofa, which was not moved  out of the house. these  XaXOJaL served as blankets for persons in
O1n it the Romans frequently reclined for the pur-  their sleep, is seen from Odyss. xiv. 488, 500, 504,
pose of reading or writing, for the ancients when  513, 529; xx. 4.  The fPysea, on the other hand,
writing seldom sat at a table as we do, but generally  were probably a softer and more costly kind of
reclined on a couch; in this posture they raised  woollen cloth, and were used chiefly by persons of
one knee, and upon it they placed the parchment  high rank.  They were, like the xaZvat, someor tablet on which they wrote. From this kind of times used to cover the seat of chairs when persons
occupation the sopha was called lecticula lucubra-  wanted to sit down.  (Odyss. x. 352.)  To render
toria (Suet. A upq. 78), or more commonly lectulus. this thick woollenl stuff less disagreeable, a linen
(Plin. lEpist. v. 5; Ovid, Trist. i. 11. 38; compare  cloth was sometimes spread over it.  (Odyss. xiii.
Alstorph, De Lecticis Velerumo  Diatriba, Amster-  73.)  It has been supposed that the'iSyEa were
daim, 1704.)                            [L. S.]    pillows or bolsters  but this opinion seems to be
LECTICA'RII.  [LECTICA.]                         refuted  by the circumstance that, in Odyss. vi.
LECTISTE'RNIUM.  Sacrifices being of the  38, they are described as beings washed without
nature of feasts, the Greeks and Romans on occa-  anything being said as to any operation which
sion of extraordinLary solemnities placed imsages of would have necessarily preceded the wa.shing had
the gods reclining  on couches, with tables and  they been pillows.  Beyond this supposition reviands before them, as if they were really partaking  specting the [diyea, we have no traces of pillows
of the things offered in sacrifice.  This ceremony  or bolsters being used in the Homleric age.  The
was called a lectistersiusos.  Three specimens of bedstead (?AXos, AelcTpos, VyEvlo) of persons of
tihe couches employed for the purlllpose are in the  high rank  was covered with skills (Kc(ea) upon
Clyptotek at Munlich.  T'l'he woodcut here intro-  whichl the Syi7yEa were placed, and over t.lese linell
duced exhibits one of them, which is represented  sheets or carpets were spread; the XAaeia, lastly,
with a cushion covered by a cloth  hanging in  served as acover or ballnket for the sleeper. (Od ss.
ample folds down each side.  This beautiful lld-  iv. 296, &c.; II. xxiv. (43, &c.; ix. 660, &c.)
vinar (Sueton. Jul. 76; Corn. Nep. TVlothl. 2) is  Poor persons slept on skins or beds of dry herbs
wrought altogether in white marble, and is some-  spread oll the ground. (Od0yss. xiv. 519; xx. 139,
&c.; xi. 188, &c.; comnpare Nitzsch, zur1 Odyss.
vol.i. p.210.)  These simple beds, to which shortly
-after the Homeric age a pillow  for the head was
added, contillnued to be used by the poorer classes
I l!) ~l!4lll among the Greeks at all times.  Thlus the bed of
-,H —4~         on _ll]  the orator Lycurgus is said to have consisted of
one sheep-skin (ics;ou8ov) alld a pillow.  (Plut. Vit.
2  N )  _   t  1J \N I   1         lDec.. Oratf. ILyclug. p. 842. c.)  But the complete
bed (ebsr) of a wealthy Greek in later times,
W/                     ~ ~>~(~[ti           genlerally consisted of the following parts: K.il'7,
1/f (((~I0  I~  I~ 4~Es7ouot/01, TUAE0or or' vuebaAo', 7rpooscucaIA-e'o) stuld
___           _______  -o~=~e~rr T ea.
The KicAtr   is properly speakilg only the bed~ ~____   __ _         stead, and seems to have consisted only of posts
fitted into one another and resting upon four feet.
what more than two feet in  height.   At the  At the head part alone there was a board (audXtcAiEpsllulzs  Joyis, which was the most noted lecti-  spoe or Errlel.r-VTpOv) to support the pillow and presternium at Rome, and which was celebrated in the  vent its falling out.  Sometimes the &'aKArvrrpo'.
Capitol, the statue of Jupiter was laid in a reclining  was wanting, as we see in drawings on ancient
posture on a  couch, while those of Juno and  vases. (Pollux, x. 34, vi. 9.) Sometimes, however,
Minerva were seated on chairs by hsis side; and  the bottom  part of a bedstead was likewise prothiis distinction was observed in -alllsionll to the  tected by the board, so that in this case a Greek
ancient custom, according to which only men re-  bedstead resembled a modern so-called French bedclinled and women sat at table.  (Val. AMax. ii. 1. stead.  The cAir'i71 was genlerally nmade of wood,
~ 2.)  Nevertheless it is probable that at a later  which in quality varied according to the means of
period both gods and goddesses were represented  the persons for whose use it was destined; for in
in the same position: at least four of them, viz. somle cases we find that it was made of solid
Jupiter Serapis anrd Juno or Isis, together with  maple or box-wood, or veneered with a coating of
Apollo and NL)iaLna, are so exhibited with a table  these more expensive woods.  At a later period,
before them  o0l the handle of a Roman lamp en-  bedsteads were not only made of solid ivory or
graved by Bartoli. (Ls2c. Ant. ii. 34.) Livy (v. 13)  veneered with  tortoiseshell, but sometimes had
gives an account of a very splendid lectisternium,  silver feet.  (Pollux, 1. c.; Aelian, V. H. xii. 29;
which he asserts to have beeh   the origin of the  Athen. vi. p. 255.)
practice.                               [J. Y.]       The bedstead was provided with girths (vsrot,
LECTUS (Ae'Xo, tcXtfv, ePs7), a bed.  Ill the         [ri'rosoE, aespuc) oil which the bed or mattress
heroic ages of Greece beds were very simple; the  (ice'paXo,, rvkAE7ov, Kouvcs or rTA71) rested; inbedsteads, however, are sometimes represented as  stead of these girths poorer people used strings.
ornamented (rplTa' AE'XEa, I1. iii. 448; compare  (Aristoph. Av. 814, with the Schol.)  The cover
Od/.ss. xxiii. 2199, &c.).  The principal parts of a  or ticking of a mattress was made of linen or woolbed were the XXaeat and i-yEa (Odyss. xix. 337);  len cloth, or of leather, and the usual material with
the former were a kind of thick woolleus cloak, which it was filled (Tb Ete1AAiejr, ou,, 7rX/pw/ya,
sometimes coloured, which was in bad weather or yvdrpa\ov) was either wool or dried weeds. At
wvorn by meIn over their Xltc'r, and wis sometimes  the head part of tile bed, and supported by the.pre.ad over a chair to render thle seat soft,  That &sruc l sarpo',, lay a round pillow  (urp.oeecAelov)
x X




C 7 4                LE',TUS.                                                 LECTUS.
to support the head; and in some ancient pictures  tile wiealthy lomans fair surpassed every-thing   we
two other square pillows are seen, which were in-  find described in Greece.'Ihe bedstead was getended to support the back.  The coveit's of such  nerally   rather high,  so that persons entered the
pillows arc striped in several pictures on ancient  bed (scandere, asccndee ie) by mineians of steps placed
vases (see the woodcut under SvyirosiuaQ), and  beside it (scinameni,  ~arro,  de Lin.q. Lat. v. 1688,
were therefore probably of various colours.  TI hey  Muiller;  Ovid. Fast. ii. 349, &c.).  It was somewere undoubtedly filled with  the sanme mnaterials  times made of metal, and soinetimes of costly kinds
as the beds and mattresses.                             of wood or veneered with tortoise-shell or ivory; its
The bed-covers, which may lie termed blankets  fteet (fir ira) were fi:equently  of silver or gold.
or counterpanes, were called by a variety of names,  (1lin. xvi. 413; Mart. xii. 67; Juv. xi. 94.)  The
such as 7rsptoerpCd'ra  v'rorpae, tanofpaaaaA a,,bed or mnattriss  (cadcita  ani d torius) rested upon
Ep(e'rpOEs, XXalvat, e/4IterTpitSe,   &rt~ eaa, d.  girths or strinas (re.ics,/  fitseie, isstsitc,  or f.tes)
wrtss,4us odsbrieF, /aVrirsTs, Xpij(rdyra,ore     aydr-qE   which  connected the two horizontal side-posts of'
or  (cIlTiran'ra'ec. The common name, however, was  tshe led.  (Cic. s e  Diic.  ii. 65;  Mart.    v. 62
rrpsc'a'ra.  They were generallv mnaide of cloth,  IPetosn.  97; compare lHorst.       Eiol. xii. 12; Cato,
which  was very thick and woosly either on one  le  ie 1nsnt. c. 10.)  In  beds destined  for two
or on  b]oth  sides.  (Pollux, vi. 9.)  It is not  persons, the two sides are distinguishe d by different
always easy to dlistinsish wlethlier the ancients,  namnes;  the sides at wilich persons entered was
when speaking  of icxivai, c0n1 bii dus in o01  sense  open, ind bore the naimie ofsponoria; the other side,
of the word, or the.courchis on wlir Is they Iti  at  which nwas protected hb  a  oioarcd,  was called p/htletls.
mineal times.  We couserquently do not know whle-  (Isidlor. xx. 11. p. 6i29, ed. lindemalnn.)  The two
ther the descriptive epithets of cAival, enumerated  sides of susch al ed are also distinguisihed by- tile
bIy Pollux, belong to beds or to couches.    But this  names ionrs eixterior and torits inerimm', or i.omi/2(la
matters little, as there was scarcely any difference  e/terior andl sepondia ijterior (Ovid. A ion.  iiio. 1 4.
between the beds of the ancients asnd their couches,  32; Suetos. Ccas.  49); aind froiom  these expreswith this exception, that the latter ibeing  made for  sions it is not improbablethhat snchslecti had two beds
appearance as well as for comnfort, were, oni the  or nmattresses, one for each person.   Mattresses were
whlole, uindoiubtedly more splen did and costly thian  in the earlier times filled wsith dry herbs (Yarro,
the fonrmer.   Considering, however, that bedsteads /. c.; Ovid. l'tast. i. 200 ands 205), or straw (Hoorat.
were often made of the  most costly imaterials,  we  Sat. ii. 3. 1;  Miart.  xiv. 160; Senec. De Vit.
may reasonably infer that the coverings and other  Beat. c. 25), and such beds continued to be used
ornamenits of beds were little inferior to those of by thile poor.  But in subsequent times wool, and
couches.  Notwithstanding the splendour and coin-  at a still later period, feathers were used by the
fort of many Greek beds, the Asiatics, who have  wealthy for the beds as well as the pillows.  (Plin.
at all times excelled the EEuropeans iu these kinds  IL. N. viii. 41, x. 22; Plast. Al/. Glor. iv. 4.
of luxuries, said that the Greeks did not under-  42; Cie. Tesc. iii. 19; Mart. xiv. G161 and 159.)
stand how to make a comsfortable bed.  (Athen. ii.  The cloth or tickling (ope/rime/tusn or invol/tcrumn),
p. 48   Plut. Pelop. 30.)  The places most cele-  with which the beds or mattresses were covered,
brated for the manufiscture of splendid bed-covers  was called toral, torale, linteurn, or segestre. (IHorat.
were Miletis, Corinth, and Carthage.  (Aristoph.  Sat. ii. 4. 84, Ep/ist. i. 5. 21; Varro, 1. c.)  The
Ran. 410, 5-12, witlh the Schol.;  Lysistr. 732;  blankets or counterpanes (vestes st/agulae, stcragila,
Cic. e. Ven'. i. 34; Athen. i. pp. 27, 28.)  It ap-  sperLstromata, peripetiasmsta) were in the houses of
pears that the Greeks, though they wore night-  wealthy  Romans of the most costly description,
gowns, did not simply cover themselves with the  and generally of a psrple colour (stragula conoa///lo'-pc6/uaT'a, but wrapt themselve sup ii them. Less  tineta, per/istsroiata conchyliata, coccina stragu/a)
wealthy.persons continued, according to the ancient  and  embroidered  with beautifiml figures in gold.
custonm,  to use skins of sheep and other animals,  Covers  of this sort were  called  peripetassiata
especially in vwinter, as blankets.  (Pollux, x. 123;  Attalica, because they were said to  have been
Aristoph. Nub. 10.)                                     first used at the court of Attalus.  (Plin. t. N.
The bedsteads  of the  poorer classes are  de-  1. c.; Cic. c. Vesr. iv. 12, 26, Ph/lip. ii. 27; Mart.
signated by the nanmes owciMrovs, &uc~vs-ais,  and  ii. 16.)  The pillows were likewise covered with
icpdpGaf'oe, and an exaggerated description of sucih  magnificent casings.  WVhether the ancients had
a  bed  is given  by  Aristophanes.   (h'l/t. 540,  curtains to  their beds  is  not mentioned  any&c.; compare Lysistr. 916.)  The words Xa/e1uva/  where; but as curtains, or rather a kind of canopy
and XaeSuv'Lov, which originally signified a bed of  (atsiaea), were used in the lectus tricliniaris (Horat.
straw or dry herbs made on the ground (Theocrit.  Carns.. iii. 29. 15, Sat. ii. 8. 54) for the purpose
iii. 33; Plut. Lycurg. 16), were  afterwards ap-  of preventing  the dust falling  upon the persons
plied to a bed which was only near the ground,  lying on it, it is not improbable that the same or
to distinguish it from  the tomy, which was gene-  a similar contrivance was used in the lectus cubirally a high bedstead.  XaxEvYia were the usual  cularis.
beds for slaves, soldiers in the field, and poor           The lectus genial/s or adversucs was the bridal
citizens, and the mattresses nused in them were mere  bed which stood in the atriunm, opposite the janua,
mats made of rushes or bast.  (Pollux, 1. e., and  whence it derived the epithet adversus.  (Horat.
vi. 11; Becker, 6/tarik/es, vol. ii. pp. 114-122;  Epist. i. 1. 87; Festus, s. v.; comp. Domsus,
Polluix, x. c. 7, 8, vi. 1.)                            p. 428, a.)  It was generally high, with steps by
The beds of the Romans (/ecti cubiculares) in the  its side, and in later times beautifiully  adorned.
earlier periods of the republic were probably of the  (Gelliis, xvi. 9; Lncan. ii. 356; Cic. pro ClueGd.
same description as those used in Greece; but to-  c. 5.)
wards the end of the republic and during the em-           Respecting the leetus fiunebris see the articles
pire, when  Asiatic luxuries were imported into  FUNUS and LEcTICA.  An  account of the disItaly, the sichness and nmagnificence of the aeds of  position of the couches used at entertainments, and




I.ECGATUM.                                        LEGATUM.                    67,5
of the place which each guest occupied, is given  could be left: Per Vindicationein, Per Damnnaunder TRIc.INIual. (Becker, Gallus, vol. i. p. 42, tionem, Sinendi modo, Per Praeceptionem.
&c.)                                   [L. S.]       A legatum per vindicationem was given in these
LECYTHUS (XiiKveos),asmallnarrow-mouthed  words: "Hominem  Stichum Do, Lego;" or the
vessel, the principal use of which was to hold oil, words might be with reference to the legatee,
for anointing after the bath, and in the palaestra. " Capito, Sumito, Sibi Habeto."  A legatum per
It was sometimes of leather, but more often of vindicationem was so called with reference to the
earthen-ware.  Numerous terra-cotta vessels of legal means by which the legatee asserted his right
this sort exist, of an oval shape, holding about a  to the legacy against the heres or any possessor,
pint, generally painted a plain dark brown or black, which was by a vindicatio or an Actio in rem; for
but sometimes a bright colour, while a few ex- as soon as the Hereditatis aditio had taken place,
amples are adorned with beautifully executed paint- the legatee had the Quiritarian (exjmre Quiritisz n)
itgs.  Most of them  are the productions of the  ownership of the legacy.  The two schools raised
Athenian potteries.  (Hom. Od. vi. 79; Krause, a question as to this, Whether under such circumGymn. u. Agon. vol. i. p. 189, and in Pauly's  stances, the legatee obtained the Quiritarian ownerReal-Encyclophdie, s. v.)              [P. S.]   ship of the thing before he had consented to take
LEGA'TIO LI'BERA. [LEGATUS, p. 678, b.]  it.  The opinion of the Proculiani who contended
LEGA'TUM  is defined (Dig. 30. s. 116) to be for such consent, was confirmed by a Constitution
" delibatio hereditatis qua testator ex eo quod uni- of Antonints Pius (Gaius, ii. 195).  It was conversum heredis foret alicui quid collatum  velit."  sistent with the nature of the Per Vindicationem,
This singular succession presupposes a universal that those things only could be so given, in which
succession, for if there is no heres ex testamento  the testator had Quiritarian ownership: and it was
or person loco heredis, there can be no legacy.  A  also necessary that he should have such ownerLegatum  then is a part of the hereditas which a  ship both at the time of making his will and at
testator gives out of it, from the heres (ab derede); the time of his death; otherwise the legacy was
that is, it is a gift to a person out of that whole  void (inzutile),  But there was an exception in
(etiversum) which is diminished to the heres by  respect of things " quae pondere, numero, mensuch gift.  Accordingly the phrase "' ab herede  sura constant," as wine, oil, corn, and the prelegare " thus becomes intelligible.  (Dig. 30. cious metals in the form of coin ( pecunica numes. 116; "66 ei testamento legat grandem pecuniamn a rata), in regard to which it was sufficient if the
filio," Cic. pro Cluenzt. 12.)  A  legatee could not testator had the Quiritarian ownership  at the
be charged with the payment of a legacy out of time of his death.  By a senatusconsultum  of the
what was given to him, a rule of law which was time of Nero, it was enacted that if a testator left
thus expressed, " A  legatario legari non potest."  a thing as a legacy, which had never been his, the
A  legatum  was something given according to the legacy should be equally good as if it had been
Jus Civile, and therefore could only be given in  left in the form most advantageous to the legatee
civilia verba, and in Latin.  [TESTAMENTUM.]   (optielO ju'e), which form  was the Legatum per
The word " Legatum," from the verb lego, con- damnationem. But if a testator gave a thing of his
tains the same element as Lex.  Lego has the  own by a testament, which he afterwards alienated,
sense of appointing or disposing of a matter, as in  it was the best opinion that the legacy was inutile
the phrase "legatum negotium " (Plaut. Cas. i. 1. by the Jus Civile, and that the Senatusconsultum
12); and it is used in the Twelve Tables to ex- did not make it good.  If the same thing was
press generally a testator's disposition of his pro- given to more than one person either jointly (conperty  (uti legassit, &c.).  Ulpian  accordingly junctim) so as to make them  collegatarii, or seexplains the word Legatum  by referring to its verally (disjucltim), each took an equal share.  A
etymology, and likening a Legatum to a Lex pro- legatlum was given coejunctinz thus: "Titio et Seio
perly so called.  " A Legatum," he says, " is that hominem  Stichum  do, lego;" disjtnctim. thus:
which is left by a testament, lapis modo, that is, " Titio hominem Stichum do, lego; Seio eundem
ibnperative; for those things which are left pre- hominem do, lego."  If one collegatarius failed to
cativo mnodo, are called Fideicommissa."  (Frag. take, his portion went to the others.  In the case
tit. 24.)  A legatee was named letgatarius; those  of a conditional legacy left per vindicationem, the
to whom a thing was given jointly (cofjzlncti ) schools were divided in opinion: the Sabiniani
were collegatarii.  A  legacy which was legally  said that it was the property of the heres during
valid or good, was leatuzn uttile; a void legacy was the pendency of the condition; the Proculiani said
ineutile.  A legacy which was given absolutely or that it was "res nullius."
unconditionally, was said to be given pure; one    The form of the Per damnationerm  was this:
which was given conditionally ryas said to be given  Heres mens Stichum  servum  meum  dare damnas
sulb cozclitione.  The expression pusller   legateit, an  esto; but the word Dato was equally effective.  A
unconditional legacy, also occurs. (Dig. 36. tit. 2. thing which belonged to another (alicsza res) could
s. 5.)                                            be thus left, and the heres was bound to procure
Gails apologizes for treating of Legta in that the thing for the legatee or to pay him  the value
part of his Institutional work in which he has of it.  A thing not in existence at the date of the
placed them. In the first ninety-six chapters of his will might be left by this form, as the future prosecond book he treats of the acquisition of property  duce of a female slave (azscilla).  The legatee did
in Res singula", to which class legacies belong. not acquire the Quiritarian ownership of the legacy
But as the matter of legacies is not intelligible  by virtue of the hereditatis aditio: the thing still
without reference to the matter of hereditas or remained the property of the heres, but the effect
universal succession, he places the law of legacies of the legatuni was to establish an obligatio be(laccc jutris nateria) immediately after that of tween the heres and the legatee, who could sue
hereditas.                                         for it by an Actio in personam.  If it was a thing
There were four Civil forms in which a legacy  Mancipi, the legatee could only acquire the Quliri.
xx 2




676               LEGATUM.                                            LEGATUM.
tarian ownership of it by Mancipatio or In jure  senatusconsultum;  and the heres, if lie was the
cessio from the heres: if it was merely delivered, legatee, could obtain it in a judicium  familiae erthe legatarius only acquired the complete owner-  ciscundae.  If it did not belong to the testator in
ship (plenumz  jus) by usucapion.  If the same  either way, still the legatum  was made utile both
thing was left to two or more coejuncti72, each  to the heres and the extraneus by the senatushad an equal share; if disjunctim, the heres was  consultumn.  If the same thing was thus left to
bound to give the thing to one and its value to the  more than one either disjzuc/timn  or. conjunctim,
lest.  In the case of a gift cospunctimss the share of each had only his share.  In all the three forms,
the legatee who failed to take belonged to the  except the per damnationelm, only Things and
hereditas; but the Lex Papia made it caducum, Jura in re could be the objects of legata: but by
and gave it first to a  collegatarius who  had  the per damnationem any thing could be made the
children, then to the heredes who had children, object of a legatumn which could be made the oband then to the other legatees who had children  ject of an obligatio.
(leqatarii), a privilege which Juvenal alludes to    By the Law of the Twelve Tables a man could
(dulce caducomc, ix. 88).                           dispose of his property as he pleased, and he might
The Legatum  Sinendi modo was thus given:  exhaust (erogcare) the whole hereditas by legacies
cHeres meus damnas esto sinere Lucium Titiunm  and bequests of freedom  to slaves, so as to leave
hominem  Stichum  sunelre sibique habere;" by  the heres nothing.  The consequence was that in
which form a testator could give either his own  such cases the scripti heredes refused to take the
property or that which was the property of his  hereditas, and there was of course an intestacy.
heres at the time of the death.  As in the case of The first legislative measure on this subject was
a legatnm  per damnationem, the legatee prosecuted  the Lex Furia, called Testamrentaria, which did
his claim  by an Actio  in personam.  It was not allow a testator to give as a donatio  mortgs
doubted whether the heres was bound to transfer canusa or as a legacy more than a thousand asses
the property, in the case of a res mancipi, by man- to one person, certain kinsfolk excepted.  (Gains,
cipatio or in jure cessio, or, in the case of a thing  iii. 225; Ulp. Frcqg. i. 2, xxviii. 7.)  But this
nec mancipi, by traditio or delivery, for the words  measure was a. failure, for it did  not prevent
of the gift are "permit him to take."  If the same  a man from  giving as many several thousands to
thing was left to several conjunctim, they took it as many persons as he pleased, and so exhausting
in common, but without any jus accrescendi if one  his estate.  The Lex Voconia (B. c. 169) afterof them failed to take. It was a still more doubtful wards enacted that no person should take by way
question (in the time of Gains), whether, if the  of legacy or donatio mortis causa more than the
same thing was given in this way to two severally  heredes (severally, as it seems); but this lex
(di.junctin), the whole was due to each, or if the  was ineffectual, for by the testator distributing
heres was released from all further claim, when  his property among numerous legatees, the heres
either of them had obtained possession of the whole  might have so small a portion as not to make it
with his permission.                                worth his while to assume the burdens attached to
The Legatum  per praseceptionem  was in this  the hereditas.  (Gains, ii. 26; Cic. in  Verr. i.
manner: " Lucius Titius hominem Stichum Prae- 43.)  The Lex  Falcidia (n. c. 40) at last took
cipito;" where " praccipito," in the opinion of the  away all means of evasion by declaring that a tesSabiniani, is the samne as " praeccipuum sumito," or tator should not give more than three-fourths in
"take first."  The Sabiniani accordingly were of legacies, and thus a fourth was secured to the
opinion that a legacy could only thus be left to  heres; and " this law," says Gains, "is now in
one who was also made a heres; hut a Senatus- force." The Senatusconsultum Pegasianum extended
consultum Neronianumn made the legacy good, even  the same rule of law to fideicommissa [FIDEICO-..
if it was thus left to an extraneus, that is, to an-   Issuvm];   and the Emperor Antoninnts applied it
other than the heres, provided the legatee was a  to the case of fideicolnmissa, when there was an
person to whom  a legacy could be left in any of intestacy. (Dig. 35. tit. 2. s. 18.)  The Lex Fale
the three other modes.  For the Sermtusconsultumi  cidia applied to the wills of persons who died in
made those legacies valid which were not valid by  captivity (aopsd leostes), for a previous Lex Corthe Jss Civile on account of the words of the gift nmlia had given to the wills of such persons the
(vrlorumis  vitio), but not those legacies which  same force as if they had died cives (iin civitate,
were invalid on account of the incapacity of the  Dig. 3.5. tit. 2. s. 1).
legatee (vitio personase), which was the case with a    Legata were inutilia or void, if they were given
peregribils.  The Sabiniani also maintained that a  before a heres was instituted by the will, for the
man could leave in this manner only what was his  will derived all its legal efficacy from such institaownv, for the only way in which the legatee could  tion; there was the same rnle as to a gift of fieeenforce his right was by. a judicium  familiae ercis-  delm.  It was an inutile legatum, if in form  the
cundae, ini which judicitm  it was necessary that gift was given after the death of the heres, but it
the judex should adjudicate that which was given  nmight be given on the evenlt of his death; it was
per praeceptionem, and lie could adjudicate on  also inutile if given in form on the day before the
nothing else than the res hereditaria.  But the  death of the testator, for which rule of law, says
same senatusconsultum made a legacy valid, which  Gaius, there seems to be no good reason (prettosas
was given in this form, even if the thing did not ratio). A legatum could not be left inl the way of
belong to the testator.  The Proculiani contended  a penalty ( poecnae noazine), that is, for the purpose
that a legacy could be given to an extraneus per of compelling the heres to do or restraininug him
praeceptionem;and further that if the thing was  from doing any particular act. but Justinian made
the testator's ex jure Quiritium, it could be sued for all such legata good, except those which were irn(evindicari) by the legatee, whether he was a heres possible, or forbidden  by law  or against bonli
or not (eatsraneus); if it was the testator's in bonis, mores (probrosa) (Inst. 2. tit. 2. s 36).  A legacy
it was a utile legatum  to the extrancus by the  could not be left to an uncertain person (incesta




LEGATUM.                                            LEGATUS.                   677
pcrsona).  The notion of an uncertain person was  legatum had become his (post dic2 legyati cedentem),
not of a person who could never be ascertained, it passed to his heres; or to use a phrase of Engifor in several of the instances mentioned by Gaius, lish law, the legacy was vested.   The phrase
the person or persons would easily be ascertained  " dies legati cedit" accordingly means "the time
(for instance "qui post testamentum  consules de- is come at which the legacy belongs to the legatee,"
signati crunt "); but the notion of the uncertainty  though the time may not have come when he is
was referred to the mind of the testator at the  entitled to receive it; and " dies venit " denotes the
tille of making his testament.  Accordingly the  arrival of the day on which it can be demanded.
persona was not considered incerta, where he was  (Dig. 50. tit. 16. s. 213.) If the legacy was left conone of a certain class, stch as cognati, though the  ditionally there was no vesting  till the condition
individual of the class might be uncertain till the  was fulfilled. By the old law, legacies which were
event happened which was to determine who out left unconditionally or from a time named (in diemt
of the class was intended by the testator.  Such a  ceriumz) were vested from the time of the testator's
form  of bequest was called a certa demonstratio  death; but by the Lex Papia they vested from the
incertae personae. (Gaius, ii. 238.)  A legatarius time of opening the will.  The legacy might vest
must have the testamenti factio, and be under no  immediately on the death of the testator and yet
legal incapacity.  A legacy could not be left to a  the testator might defer the time of payment. (Dig.
postumus alienus, nor could such a person be a  36. tit. 2. s. 21.) A legacy might also be left on a
heres institutus, for he was an incerta persona.  It condition of time only, as a legacy to Titius wlea
has been explained who is a postumus [HERES, p. or if he should attain the age of fourteen years, in
601, a]:a postumusalienus is one who when born  which case the words wclen and ft were considered
cannot be among the sui heredes of the testator.    equivalent, a decision which has been adopted in
It was a question whether a legacy could be  English law, in cases in which there is nothing in
legally (recte) left to a person, who was in the  the will which gives the words "' when " or " if 
power of another person who was made heres by  a different signification. (Dig. 36. tit. 2. s. 5, 22;
the same will. The Proculiani denied that such a  Hanson v. Graham. 6 Ves. p. 243.)
legacy could be left either pure or sub conditione.    (Gainus, ii. 191 —245; Ulp. Fracg. tit. xxiv. &c. 
(Gains, ii. 244.)  But if a person who was in the  Dig. 30 —32, &c.; Inst. ii. tit. 20-22; Paulus,
power of another was made heres, a legacy might S. R. iii. tit. 6.) [FrDEICOAIMISSUM.]  [G. L.]
ble left (ab eo legaari) to the person in whose power    LEGA'T US. Legati may be divided into three
lie was; for if such latter person became heres classes: 1. Legati or ambassadors sent to Rome
thereby (per ezmz), the legacy was extinguished, by foreign nations; 2. Legati or ambassadors sent
because a man cannot owe a thing to himself; but from  Romne to foreign nations and into the proif the son was emancipated, or the slave was ma- vinces; 3. Legati who accompanied the Roman
numitted or transferred to another, and so the son  generals into the field, or the proconsuls and praebecame heres, or so the slave made another person  tors into the provinces.
heres, the legacy was due to the father or former    I. Foreign legati at Rome, from whatever counmsaster.                                           try they came, had to go to the temple of Saturn
Not only Res singulae could be given as a   land deposit their nalne with the quaestors, which
legacy, but also a part of a universitas of things  Plutarch (Quaest. Rom. p. 275, b.) explains as a
(universarum  rerum) could be so given; thus remnant of an ancient custom; for formerly, says
the heres might be directed to share a half or he, the quaestors sent presents to all legati, which
any other part of the hereditas with another, were called lautia, and if any ambassador was taken
which was called partitio. (Cic. de Leg. ii. 20,,pro  ill at Rome, he was in the care of the quaestors,
Oaecin. 4; Ulp. Frag. tit. 24. s. 25.)  By the jus  who, if he died, had also to pay the expenses of
civile there might be a legacy of a ususfructus of his burial from the public treasury.  When afterthose things which were capable of being used and  wards the number of foreign ambassadors increased
enjoyed without detriment to the things.  By a  in proportion as the republic became extended, the
senatusconsultum  there might be a legacy of the  former hospitable custom was reduced to the mere
cabtsus of those things which were consumed in  formality of depositing the name with the keepers
the use, as money, wine, oil, wheat, but the lega- of the public treasury.  Previous to their admistarius had to give security for the restoration of sion into the city, foreign ambassadors seem  to
the samne quantity or the same value, when his have been obliged to give notice from what nation
right to the enjoyment ceased,  This technical they came and for what purpose; for several inmeaning of abusus, that is, the use of things which  stances are mentioned in which ambassadors were
arc consumed in the use, is contrasted with usts- prohibited from entering the city, especially in case
fructus by Cicero (Top. 3; Ueber dats alter tdes of a war between Rome and the state from which
quasi.sussfructus, von Puchta, R/leinisches   riuts.  they came. (Liv. xxx. 21, xlii. 36, xlv. 22.)  In
iii. p. 8-2, and Puchta, Instit. ii. ~ 255).       such cases the ambassadors were either not heard
A legacy might be transferred to another per- at all, and obliged to quit Italy (Liv. xlii. 36), or
son, or taken away (adclini) by another will or an audience was given to them by the senate (seantus
codicilli confirmed by a will; it might also be  legatis datur) outside the city, in the temple of
taken away by erasure of the gift from the will. Bellona. (Liv. I. c.; xxx. 21.) This was evidently
Sutch a revocation of legacies (d6lem)ptio leg(ttorsn1s) a sign of mistrust, but the ambassadors were nleverseems to have been only effected in the way men- theless treated as public guests, and some public
tioned.  The expression ademption of legacies in  villa outside the city was sometimes assigned for
English law has a different meaning, and in the  their reception.  In other cases, however, as soon
case of a specific thing corresponds to the Roman  as the report of the landing of foreign amnbassaextinction of legacies, which took place if the tes- dors on the coast of Italy was brought to htome,
tator disposed of the thing ill his lifetime.     especially if they were persons of great distinlction,
If a legatee died after the day on which th, as the son of Masinissa (Liv. xlv. 13), or if thely.x 3




6738              LEGATUS.                                            LEGATUS.
came from an ally of the Roman people, some one  they served (Sallust. Jzuq. 28; Cic. ad ltt. xv. 11,
of the inferior magistrates, or a legatus of a consul, ad  Fam. vi. 6, pro Leg. Manil. 19), but the
was despatched by the senate to receive and con- sanction of the senate (senatusconsultutnt) was an
duct them  to the city at the expense of the re-  essential point without which no one could be
public.  When they were introduced into the  legally considered a ]egatus (Cic. c. VaFtin. 1. c.,
senate by the praetor or consul, they first ex- pro Sext. 14); and from  Livy (xliii. 1; compare
plained what they had to communicate, and then  xliv. 18) it appears that the nomination by the
the praetor invited the senators to put their ques-  magistrates (consul, praetor, or dictator) did not
tions to the ambassadors.  (Liv. xxx. 22.)  The  take place until they had been authorised by a
manner in which this questioning was frequently  decree of the senate.  The persons appointed to
carried on, especially when the envoys came from  this office were usually men of great military
a state with which the Romans were at war, re- talents, and it was their duty to advise and assist
sembled more the cross-questioning of a witness  their superior in all his undertakings, and to act
in a court of justice, than an inquiry made with a  in his stead both in civil and military affairs.
view to gain a clear understanding of what was  (Varro, de Ling. Lat. v. 87, -Miiller.)  The legati
proposed.  (Liv. 1. c. with Gronov's note.)  The  were thus always men in whom the consul placed
whole transaction was carried on by interpreters, great confidence, and were frequently his friends or
and in the Latin language. [INTERPREs.]  Vale- relations; but they had no power independent of
rius Maximus (ii. 2. ~ 3) states that the Greek  the command of their general. (Caes. de Bell. Civ.
rhetorician Molo, a teacher of Cicero, was the first ii. 17, iii. 51; Appian, de Bell. Civ. i. 38.)  Their
foreigner who ever addressed the Roman senate in  number varied according to the greatness or imhis own tongue.  After the ambassadors had thus  portance of the war, or the extent of the province:
been examined, they were requested to leave the  three is the smallest number we know  of, but
assembly of the senate, who now began to discuss  Pompey, when in Asia, had fifteen legati. Whenthe subject brought before them.  The result was  ever the consuls were absent from the army, or
communicated to the ambassadors by the praetor. when a proconsul left his province, the legati or
(Liv. viii. 1.) In some cases ambassadors not only  one of them took his place, and then had the inreceived rich presents on their departure, but were  signia as well as the power of his superior.  IHo
at the command of the senate conducted by a  was in this case called legatus pro praetore (Liv.
magistrate, and at the public expense, to the fron-  xxix. 9; Lydus, de AIaMgistr. iii. 3; Caes. de Bell.
tier of Italy, and even further. (Liv. xlv. 14.) By  Gall. i. 21), and hence we sometimes read that a
the Lex Gabinia it was decreed that from the first man governed a province as a legatus without any
of February to the first of March, the senate should  mention being made of the proconsul whose viceevery day give audience to foreign ambassadors. gerent he was.  (Sallust. Cat. 42.)  During  the
(Cic. ad Quint. FIrat. ii. 11, 12, ad Farm. i. 4.)  latter period of the republic, it sometimes hapThere was at Rome, as Varro (De Ling. Lat. v. pened that a consul carried on a war, or a pro155, Miiller) expresses it, a place on the right-  consul governed his province through his legati,
hand side of the senate-house called Graecostasis, while he himself remained at Rome, or conducted
in which foreign ambassadors waited.               some other more urgent affairs.
All ambassadors, whencesoever they came, were    When the provinces were divided at the time
considered by the Romans throughout the whole  of the empire [PRovINCIA], those of the Roman
period of their existence as sacred and inviolable.  people were governed by men who had either been
(Cic. c. Verr. i. 33; Dionys. Hal. Ant. Rom,. xi.  consuls or-praetors, and the former were always
25; Tacit. Ann. i. 42; Liv. xxi. 10; Dig. 50. accompanied by three legati, the latter by one.
tit. 7. s. 17.)                                    (Dion Cass. liii. 13; Dig. 1. tit. 16.)  The proII. Legati to foreign nations in the name of the  vinces of the emperor, who was himself the proRoman republic were always sent by the senate  consul, were governed by  persons whom  the
(Cic. c. Vatin. 15); and to be appointed to such a  emperor himself appointed, and who had been conmission was considered a great honour which was  suls or praetors, or were at least senators.  These
conferred only on men of high rank or eminence; vicegerents of the emperor were called legati Anzfor a Roman ambassador, according to Dionysius, gusti bpro praetore, legati j,'aetorii, legati consithad the powers (E5ovoia cral  vacyls) of a magis-  lases, or simply legati, and they, like the governors
trate and the venerable character of a priest.  If  of the provinciae populi Romani, had one or three
a Roman during the performance of his mission as  legati as their assistants. (Strabo, iii. p. 352; cornambassador died or was killed, his memory was  pare Dig. 1. tit. 18. s. 7; Tacit. Ann. xii. 59,
honoured by the republic with a public sepulchre  Agricol. c. 7; Spanheim, de Usu et praest. NumZisnl.
and a statue in the Rostra.  (Liv. iv. 17; Cic. ii. p. 595.)
Philip. ix. 2.)  The expenses during the journey     Durilug the latter period of the republic it had
of an ambassador were, of course, paid by the re-  become customary for senators to obtain from the
public; and when he travelled through a province, senate the permission to travel through or stay in
the provincials had to supply him with everything  any province at the expense of the provincials,
he wanted.                                         merely for the purpose of managing and conducting
III. The third class of legati, to whom  the  their own personal affairs. There was no restraint
name of ambassadors cannot be applied, were per-  as to the length of time the senators were allowed
sons who accompanied the Roman generals on their  to avail themselves of this privilege, which was a
expeditions, and in later times the governors of hleavy burden upon the provincials.  This mode of
provinces also.  Legati, as serving under the con-  sojourning in a province was called legatio libera,
suls in the Roman armies, are mentioned along  because those who availed themselves of it enwith the tribunes at a very early period. (Liv. ii. joyed all the privileges of a public legatus or
b9, iv. 17.)  These legati were nominated (leya- ambassador, without having any of his duties to
bantur) by the consul or the dictator under whom   perform.  At the time of Cicero the privilege of




LEIT UI4G IA.                                          LElTURIGIA.                    67,'J
legatio libera was abused to a veNry great extent.   they were simply a tax upon property connected
Cicero, therefore, icc his consulship endeavoured to  with personal labour and exertion (,oes Xp'iuaice
put an end to it, but owing to the opposition of a        tal TrQ  a&mCeTaL AEITOVp7Ew,).  Notwithstanding
tribune, he only succeeded in limiting the time of  this altered character   of the liturgies, we scarcely
its duration to one year.   (Cic. de Lcn. iii. 8,  ever find that conmplaints were nmade by persons
de Leg. Ayr. i. 3, pro Flace.  34, P/il/lip. i. 2.)  subject to thenm;  many wealthy  Athenians, on the
Julius Caesar afterwards extended the time ducriig   contrary, rauined their estates by their ambitious
iwhich a senator might avail himself of legatio libera  exertions, and by the desire to  nin the iavour of
to five years (Cic. ad Alt. xv.  1), cnd this law of  the people.  (Xen. de Rei).  lth. i. 13; Denosth.
Caesar (Lex Julia) seems to have  remained in  c. ]ereclt..     1155; compare Lys. l,'o hon. Aklib.
force down to a very late  period.  (Suet. 7l'ser.  p. (i66 and 657; Isocrat.  ie Big. 15; Aristot.
31; Dig. 50. tit. 7. s. 14.)               [1,. S.]  I'olit. v. 7. p. 173, ed. Gittling.)  To do no more
LEGES.  [LEx.]                                       tlhan the law required  (&durpoee-o OaL, Isaeus, (le
LE'GIO.  [ExERcrTvsUS.]                              Apollol. c. 38) was at Athens considered as a disLEGIS ACTIO.  [AcTIo.]                              grace, and in somne cases a wealthy  Athenian,
LEGIS AQUI'LIAE ACTIO.  [DAMcNi Is-  even when it was not his turii, would volunteer
JaURIa   ACTIO.]                                       to perform  a liturgy.  (Demosth. c.  lidt. p. 513,
LEGI'TIMA  ACTIO.  [AcTiO.]                         566, &c.; compare Biickh, Pib. Econ. of' Athens,
LEG1'TIMA  HERE'DITAS.  [Hzaxs.]                    p. 448, &c., 2d ed.)
LEIPOMARTYRIOU  DIKE  (hAeLroCapru-                    All liturgies may be divided into two classes:
ploe  Wc1q).  [MARTYRIA..]                             1. ordinary or encyclic liturgies (Etc1ciKXio1 AEs'ovpLEIPONAUTIOU  GRAPHE  (XEtirovar'rou  yiRaL, Demosth. c. Le)t. p. 463), and 2. extraordiypaeck).  The indictment for desertion from  the  nary liturgies.  The former were called encyclic,
fleet was preferred before the tribunal of the stra-  because they recurred every year at certaii festive
tegi; and the court which under their superintend-  seasons, and comprised the Xopnyia, 7yvuL aoiapxia,
ence sat for the trial of this and similar military  NaeCrraSapXia, &pX15OEWpia, and  enrseao't   which
offences was composed of citizens who had been  are all described in separate articles. [CIoncE  usvs;
engaged in the expedition in question. (Meier, Arit.  GYM:NASIUM;  LAMiPADEPHORIA;  THEORIA;
Proc. pp. 108, 133.)  The penalty upon conviction  I-IESTIass.] Every Athenian who possessed three
seems to have been a fine, and the complete dis-  talents and above, was subject to them  (Demosth.
fri'annchisement of the offender and his descendants.  c. Alhob. p. 833; Isacus, de Py-rrhi. Ihered. c. 80),
(Petit Leg. Alt. pp. 401, 667.)        [J. S. M'.]    and they were undertaken in turns by the memLEIPOSTRATLOU  GRAPHE  (Es7roorpa-  hers of every tribe who possessed tihe property
TOU  ypaep(1).  The circumstances of the trial for  qualification just mentioned, unless some one  -odesertion from the army and the penalties inflicted  lunteered to undertake a liturgy for another perupon conviction were the same as in the case of de-  son.  But the law  did not allow  any one to be
sertion fronm the fleet [LEiPONAUTiOU GIAPHE],  compelled to undertake more than one liturgy at
and the offence was ailso punishable by ani eisan-  a ticie (Denmosth. c. Lept. p. 462, c. Polyeletl. p.
gelia, which, Heraldus suggests, would be fire-  1209), and he who hbad in one year performed a
quently adopted when the accuser was solicitous  liturgy, was free for thie next (cmace bV n  &mteXsrao
to impose silence upon a political opponent by pro-  C'hcaeros AELTroVpeY7, Deinosth. c. Lept. p. 459), so
curing his disfranchciseme nt, as this wats t niecessary  that legally a person had to perform a liturgy only
consequence of judgment being given against the  every other year.  Those whose tucin it was to
defendant, and prevented his speaking or appearing  undertake ally of the ordinary liturgies,  were alin public.  The eisangelia in such case would be  way s appoistedC  by  their own  tribe  (Demosth.
preferred before the assembly of the people, by  c. Alid. pp. 510, 519), or in other words, by the
vwhich, if reasonable cause appeared, it would be  EirtIEAirel7a  rcev, qciAfo, (Tituccanic, Griecc/. StaUtsv.
submitted to the decision of one of the ordinary  p..(96, &c.), and the tribe shared praise as well
legal tribunals.   (Itcrld. Asiisods..;  s Salindais.uSh as blaite with its  tEoVUpyO'ys.
p. 242.)                               [J. S. 4.]'iThe persoils who were exempt oi'on all kinds of
LEIPOTAXIOU    GRAPHE   (Atnroe-aliou  liturgies were the nine archons, heiresses aund orypacp1).  [AsTrTAmcAS GcAclcHa.]                       phans until after the comimencemennt  of the second
LEITU'RGIA  (AXESroopyia,  froc ci?-o,, Ion.  year of their cocning of age.  (Lysias c.  Diogeit.
XcTrroc,  i.e. 610ut-Lov,  or, according  to others,  p. 908;  Demosth.  de 5qsorisynn. p. 182.)  Some7rpuraVeEov), is the ncame  of certain personal ser-  tinses tihe exemption from  liturgices (&receia) was
vices which at Athens and in sonse  other Greek  granted to persons for especial  merits towards the
republics,  every citiczen,  who possessed a certatin  republic.  (Ducmosth. c. lepl. p. 466, &c.)
ainount of property, had to perform  towards tihe         T'hei ocis incd of extraordinary liturgy to which
state.  These persoital services, which in all cases  tile iallne is lproperly applied, is tihe trierarchy
wer  coucected wsith coinsiderable expenise,   occur  (TpsT qpapXia); ic  the carlier times, however, the
in tihe history of Attica as early as tihe ticme of the  service in the 1carmi es was in retlity no more thani
Peisistratids (Aristot.  Oeconoi. ii. 5), cand were  an extraordicnary liturgy.  [See EISPHo/cA  and
probably, if not introduced, at least sanctioned by  T' RtuI   c I ci.]cu    In later tices, during and after
the legislation of Solon.   They were at first a  the Pelopolnesiasn war, whvien the expenses of a
natural consequence of thie greater political privi-  liturgy were founcd too heavy for one person, we
leges enjoyed by the wealthy, who, in returni, hbad  find that in manya instances two persons combined
aulso to performi  heavier ducties toswards the re-  to defray the expenses of a liturgy  (ovsrEum'a).
putblic; but when the Athenian democracy was at  Such  was the case with  the  cholegi a ando the
its height, the original character of these liturgies  trierarchcy.  (I-Iermann, Polit. Ant. ~ 161. n. 12
becacme chacged, foir as every citizen ncowv cnjoyed  and 13.)
thec same rights and privileges as tihe wealthiest,       Litugies  ic r-gar d  tc  the persons  by whoin
x X 4




6v0             LEMNISCUS.                                             LENO.
they were performed were also divided into XELTovp- wounds. (Celsus, vii. 28; Veget. dRe Re Vter. ii;
7yat WroXLmtKal, such as were  incumbent upon  14 and 48, iii. 18.)                        [L. S.]
citizens, and AelsTovpyi1aL Twv   SETOLKcw.  (De-    LEMURA'LIA or LEMU'RIA, a festival for
mosth. c. Lept. p. 462.)  The only liturgies which  the souls of the departed, which was celebrated at
are mentioned as having been performed by the  Itolme every year in the mlolth of May.  It lwas
uETLo KoL, are the choregia at the festival of the  said to have been instituted by Romulus to apLenaea (Schol. ad As-istop. Plut. 954), and the  pease the spirit of Remus whom  lie had slain
eO-Tia0Ls  (Ulpian, ad Demosth Lept. ~ 15), to  (Ovid. ktFast. v. 473, &c.), and to have been called
which may be added the hydriaphoria and skiade- originally Remuria.  It was celebrated at night
phoria. [HYDRIAPHORIA.]                            and in silence, and durinng three alternate da ys
That liturgies were not peculiar to Athens, has that is, on the ninth, eleventh, and thirteenth of
been shown by Bdckh (Pub. Ecton. &c. p. 299), May.  Duriing this season the temples of the gods
for choregia and other liturgies are mentioned at were closed, and it was thought unlucky for women;
Siphnos (Isocrat. Aeginet. c. 17); choregia in  to marry at this time and during the whole month
Aegina even before the Persian wars (Herod. v. of May, and those who ventured to mlarry were
83); in Mytilene during, the Peloponnesian war believed to die soon after, whence the proverb,
(Aintiph. de Cced. Herod. p. 744); at Thebes in  mense MAGaio mclae nubent.  Those who celebrated
the time of Epaminondas (Plut. Aristid. 1); at the Lemuralia, walked barefooted, washed their
Orchomenos, in Rhodes, and in several towns of hands three times, and threw nine times blatck
Asia Minor. (Compare Wolf, Prolegozm. in De- beans behind their backs, believing by this cere-?nosth. Lept. p. lxxxvi. &c.; Wachsmuth, vol. ii. p. mony to secure themselves against the Iemnures.
92, &c.)                               [L. S.]   (Varro,  Vita pop. Rom. Fresqm. p. 241, ed.
LEMBUS, a skiff or small boat, used for carry- Bipont; Servius, ad Aen. i. 276.)  As regards
ing a person from a ship to the shore.  (Planut. the solenmnities on each of the three dlays, we only
llferc. i. 2. 81, ii. 1. 35.)   The name was also  know that on the second there were gaines in the
given to the light boats which were sent ahead of circus in honour of Mars (Ovid. Fast. v. 597), and
a fleet to obtain informlation of the enemy's move- that on the third day the images of the thirty
ments.  (Isidor. Orig. xix. 1; Liv. xxxi. 45, xlv. Argei, made of rushes, were thrown from the pons
10.)  Pliny (H. N. vii. 56. s. 57) attributes their sublicius into the Tiber by the Vestal virgins.
invention to the inhabitants of Cyrene.            (Ovid. Fast. v. 621; Fest. s. v. Depontani; colnLEMNISCUS (Ahverv'tcos). This wrord is said  pare ARuEI.)  Oil thle same day there was a feeto have originally been used only by the Syracu-  tival of the merchants (festleum mer1'toruin, Ovid.
sans. (HIesych. s. v.)  It signified a kind of co- Fast. v. 670, &c.), probably because on this day
loured ribbon whicll hung down from  crowns or the temple of Mercury had been dedicated in the
diadems at the back part of the head. (Fest. s. v.) year 495 a.c. (Liv. ii. 21.)  On this occasion the
The earliest crowns are said to have consisted of merchants offered up incense. and by means of a
wool, so that we have to conceive the lemniscus as laurel-branch sprinkled themselves and their goods
ai ribbon wound around the wool in such a manner with water from the well of Mercury at the Porta
that the two ends of the ribbon, where they met, Capena, hoping thereby to make their business
were allowed to hang down.  See tile represent;l-  prosper.                               [L. S.]
tions of the corona obsidionalis and civica in p.    LEMURES.  See Diet. of CGr. acnid Rome. Bio359, where the lemnisci not only appear as a mealns graplpy and AlfItholoy..
to keep the little branches of the crowns together,   LENAEA. [DI)oNYVSIA, p. 411, 1.]
but also serve as an ornament.  From the remark    LENO,  LENOCITNIUM.   Lenocinium  is
of Servius (ad Aen. v. 269) it appears that coronae  defined by Ulpian (Dig. 3. tit. 2. s. 4) to be the
adorned with lemnisci were a greater distinction  keeping of female slaves for prostitution and the
than those without them.  This serves to explain  profits of it; anld it was also lenocimlitum  if gain
an expression of Cicero (poalina lemzniscata, pro  was made in; the like way by mlans of free women.
Rose. Anz. 35) where palima means a victory, and  Some lenones kept brothels (lipa(naria) or open
the epithet lenlniscata indicates the contrary of houses for plrostitution.  This trade was not forinfamis, and at the saime time implies an honour- bidden, but the praetor's edict attached infaimia to
able as well as lucrative victory.  (Comp. Auson. such persons [INFAMIA]. In the time of Caligllla
Epist. xx. 5.)                                     (Sueton. C'al. 40, and the notes in Burmann's
It seems that lemnisci were also worn alone and  ed.), a tax -was laid on lenones.  Theodosius and
without being connected with crowns, especiallyN by  Valentinianl endeavoured to prevent parents finon
ladies, as an ornament for the head. (Ilin. It.N. xxi. prostituting their children and masters their female
3.)  To show honour and admiration for a person, slaves by severe penalties; and they forbad the
flowers, garlands, and lemnisci were sometimes practice of lenocininm  under  pain of corporal
showered upon him  while he walked in public. punlishmenmt, and banishmnent from tile city, and so
(Casaub. ad Suet. Ner. 25;. Liv. xxxiii. 19.)    forth.  Justinian (Nov. 14) also attempted to put
Lemnisci seem originally to have been made of down all lenlocinium by banishing lenones from the
wool, and afterwards of the finest kiinds of bast city, and by making the owners of houses, who
(philyrae, Plin. HI. N. xv. 14); but during the  allowed prostitution to be carried on inl them,
latter period of the republic the wealthy Crassus liable to forfeit thle houses and to pay ten pounids
not only made the foliage or leaves of crowns of of gold: those who by trickery or force got girls
thin sheets of gold and silver, but tile lemlisci into their possession and gave them np to prostitillikewise; and P. Claudius Puleher embellished the tion were punished with the " extreme penalties;"
metal lemnisci with works of art in relief anId with  but it is not said what these extreme penalties
inscriptions. (Plin. I. N. xxi. 3.)                were.  This Novella contains curious matter.
The word lemniscus is used by medical writers    The Ioex Julia de Adulteriis defined the lenr.
in tile signlification of a kind of linimeent applied to  cinium   which that lex prohibited (I)ig. 48. tit. 6,




LESCI&E.                                               LEX.                     681
s. 2. ~ 2).  It was lenociniuom, if a husband al-  ous tradesmen, especially  those of the smliths,
lowed his wife to commit adultery in order to share  which were frequented in winter onl account of
the gain.  The legislation of Justinian (Nov. 117.  their warmth, and in which, for the same reason,
c. 9. ~ 3) allowed a wife a divorce, if her husband  the poor sought shelter for the night.  (Ionl. Ocl.
had attempted to make her prostitute herself'; and  xviii. 329; -Ies. Op. 49], 499.)  Ili these pasthe woman could recover the dos and the donatio  sages, however, in which are the earliest examples
propter nuptias.  It was lenocinium in the husband  of the use of the word, it seems to refer to places
if he kept or took back (comp. Sueton. Domtit. 8)  distinct from  the smiths' workshops. though rea wife whom he had detected in an act of adultery; sorted to in the same malnner; and we may gather
or if he let the adulterer who was detected ill the  from  the grammarians, that there were in the
act, escape; or if he did not prosecute him.        Greek cities numerous small buildinIgs or porticoes,
With respect to other persons than the husband,  furnished with seats, and exposed to the sun, to
it was lenlocinium by the lex Julia, if a manll mar-  which the idle resorted to enjoy conversation, and
ried a woman who was condemned for adultery; the poor to obtain warmth  and shelter, and which
if a person who had detected others in adultery,  were called A&eXat: at Athenis alone there were
held his peace for a sum of money; if a maIn com-  360 such. (Eustath. ad IloHn. I. c.; Proclus, ad
mcenced a prosecution for adultery and discontinued  IIes. 1. c.; IIesych., Etym. Mag., s. v.; KIihn, ad
it; and if a person lent his house or chamber for  Act. V. IiI. ii. 34.)  Suidas, referring to the pasadLuiterjum  or stuprunl.  In all these cases, the  sage in Hesiod, explains Aiexoq1 by cald/umos.
pecnalty of the lex Julia was the same as for adulte-    By Aeschylus (Eumz. 366) and Sophocles (Ant.
rium  and stuprunl.  The lex in this as in other  1 60) the word is used for a solemn council; but
like instanllces of leges, was the groundwork of all  elsewhere the same writers, as well as Herodotus,
subsequenlt legislation oni lenocillium.    Probably  employ it to signify common conversation.
no part of the lex Julia de adulteriis was formally     Ii the Dorian  states the word retained the
repealed, but it received additions, amid the penial-  meaning of a place of meeting for deliberation and
ties were increased.   (IRein, (,rintialreclst der  intercourse, a council-chamber or club-room.  At
nl;e)r, p. 883.)  As to the uses of the words  Sparta every phsyle had its lsc/he, inl which and iil
Lemlo, Leisocinium, in the classical writers, see the  the gymnasiunm  the  elders passed  the  greater
passages cited in Facciolati, Lex.       [G. L.]    part of the day in serious and sportive coniversaLENUS (A',o's).  [ToicuLAR.]                      tion, and ill which the new-born children were
LEONIDEIA   (XeoveiLa), were  solemnities  presented  for the decision  of the elders as to
celebrated  every  year at Sparta in honour of  whether they should be brought up or destroyed.? eonidas, who, with his 300 Spartans, had itllen  (Plut. Iyc. 1G, 25; Miiller, Dor. iii. 10. ~ 2, iv.
at Thermopylae.  Opposite the theatre at Sparta  9. ~ i.)  Solne of these Spartani les/tse  seem  to
there were two sepulchral monuments, one of Pan-  have been halls of some architectural pretensions:
sanias and another of Leonlidas, and here a funeral  Pausanias nlentions two of theum, the A'roXo1 Kpooration was spokeIl every year, and a contest was  Toav'Cv, and the AXErXq roclAfXo (iii. 14. ~ 2, 15.
leld, in which none but Spartans were allowed to  ~ 8).  They were also used for other purposes.
take part.  (Patus. iii. 14. ~ 1.)       [L. S.]    (Atli. iv.p. 138, e.)
LEPTON.  [CIIALcous; OBOLOS.]                        There wvere genierally cllambers for council and
LEPTURGI (Aeornrovpyoi), a class of artificers,  conversation, called  by  this lname, attached  to
respectinlg whom  there is somle doubt.  They are  the temples of Apollo, one of whose epithets was.
commonly supposed to be carvers of fine work ill Aeoo'pxliXsop    (Harpocrat. s. v.; Plllt. de EI (y),.
wood; but, on the authority  of two  passages  Dclph. p. 385, b.; MUiller, l)or. ii. 2. ~ 15, note).
(Plut. Aeniil. P'anl. 37; Diod. xvii. 115), in the  Of such lescitae the chief was that which wtas
formier of which  TOpEdEieL,  cal  E A7rs0UvpyEw are  erected at Delphi by the Cnidians, and which was
inenitioned together, Raoul-Rochette supposes that  celebrated thronghout Greece, even less for its own
the Leptlurji were those who beat out gold  and  magnificence, than for the painltings with whichl it
silver in thin leaves to cover statues and futrniture; was adorned by Polygnotus. (Paus. x. 25; Butatld that they correspontded to the Bractearii Ati-  tiger, A1rchaol. d. dMaleei, p. 296', &c.; Diet. of
Jices among the Romlans.  (Lettre a' iM. Schorn,'/ioeq. s.. Polygqotsa.)                    [P. S.]
pp. 189, 191.)                           [P. S.]       LEUCA  or LEUGA.  [PEs.]
LE'RIA.  [IIMBnus; TuNICA.]                          IEX.  Lex is defilled by Papinian  (Dig. 1.
LERINAEA (Xepvaea), were mysteries (-reXEsT)  tit. 3. s. 1):-" Lex est conllllnlne praeceptumti,
celebrated at Lerna in Argolis, iin honour of De-  virorum  prudentium  colnsultum, deiictorum, quae
meter.  (Paus. ii. 36. ~ 7.)  They welre said to  sponte vel ignorantia contrahutlntu  cocoercitio, cornhave been instituted by Philammon. (Pats. ii. 37.  mnlunis reipmsblicae sponsio."  Cicero (de Leg. i. 6)
~ 3.) In ancient timoes the Argives carried the fire  defines it thus: —   Quaae sCripto sancit quod vult,
firom  the temple of Artemis Pyronia, on Mount  aut jubendo, aut vetando."  (See also de Leq. ii.
Crathis, to the Lernlaea.  (Paus. viii. 15. ~ 4.)  16.) A. Law is properly a rule or command of the
These mysteries were probably a remnanlt of the  sovereign power in a state, published in writiing,
ancient religion  of the Pelasgians, but filrther  and addressed to and enforced upon the members
particulars are not knlown.              [L. S.]    of such state; and this is the proper sense of Lex
LESCIIE (AoiXrl), is an Ionic word, signify-  inl the Rolman wvriters.
ing council  or conversatioin, and am pl.ce fibr couzncil    In the Institutes (1. tit. 2. s. 4) thlere is a dcitor cncerssation. There is frequenlt mention of plhces  nition of a Lex, which hats 1 mol'e dil'rect reference
of public resort, in the Greek cities, by the  nolme  to that power which is the source of law:-" Lex
of A/erXal,  some set apart for the purpose, andc  est quod Populus Romoilans senatorio imagistratu
others so called because tlhey were so used by  interrogante, veluti Consisle, constituebat."  The
homllgers; to the latter clatss belong the Iagtra;illd  definition of Calpito ((Gell. x. 20) is      enera tle
its porticoes, the gym-nasia, aild the shops of vsari-  jussutlt  popelit  aut pleLis  aomllite mlaagistratu;"




6(82                  LEX.                                                  LEX.
but this definition, as Gellius observes, will nlot effected at thle Culitia Curiata (Iler plolmli i'oau.
apply to such ca.ses as the Lex about the Tinpe-  tionzei), is preserved by Gellius (v. 19): it begins
rinim  of Pompelhis, or that about the return  of with tile words " Velitis, jubeatis, &c.," and ends
Cicero, which related only to individuals, and were  with the words " ita vos Quirites rogo."  The
properly called Privilegia.                          corresponding expression of assent to the Rogatio
Of Roman Leges, viewed with reference to the  on the part of the sovereign assembly was, Uti
mode of enactment, there were properly two kinds, Rogas. The rejection of a Rogatio is expressed by
Leges Curiatae and Leges Centuriatae. Plebiscita  Antiquare Ro gationem. (Liv. xxxi. 6.) Tl'he term
are improperly called Leges, thoiugh they were  Rogatio therefiore incluided  every  proposed Les,
La ws, and ill the course of time had the samne  Plebiscitum, mad Privilegium. foIr without a Rogatio
effect as Leges.                                     there could be ilo conmlland (.jusssslum) of the PoptuOriginally the Leges Curiatae were the only  lus or Plebs.  But the words lex, Plebiscituni,
Leges, and they were passed by the populus ini and Privilegium were often improperly used to exthe Comitia Curiata.  After the establishment of press laws (Gell. x. 20); and Rogationes, after they
the Comitia Centuriata, the Comitia Curiata fell had becomne laws, were still sometimes called Rogaalmost into disuse; but so lona as the Republic  tiones.  The term Rogationes is often applied to
lasted, and even under Augustus, a shadow of the  measures proposed by the Tribunes, and afterwards
old constitution was preserved inl the formal con- made Plebiscita: hence some writers (improperly)
ferring of the Imperium  by a Lex Curiata only, view Rogatio as simply equivalent to Plebiscitulni.
and in the ceremony of adrogation being effected  Besides the phrase " rogare legem," there are the
only in these Comitia.  [ADOPTIO.]                   phrases " legenr ferre," to propose a lex, and " roThose Leges, properly so called, with which we  gationem promulgare," to give public notice of the
are acquainted, were passed in the Comitia Centu-  contents of a Lex which it was intended to proriata, and were proposed (rogabtantzr) by a mna-  pose; the phrase " rogationem  accipere " applies to
gistratuis of senatorial rank.  Such a Lex was also  the enacting body.  " Lex Rogata " is equivalenlt
designated by the name Pop)uli Scitnu. (Festus,  to " Lex Late."  Legem perferre and Lex perlata
s. V. Seitum  Pop.)  As to the functions of the  apply to a Rogatio when it has become a Lex.
Senate in legislation, see AUCTOR anrd SENATUS.   (Dig. 35. tit. 2. s. I. Ad legelte Ftlckicoam.)  The
A Plebiscitum was a law made in the Comitia  terms relating to legislation are thus explained by
Tributa, on the rogation of a Tribune: " Plebis-  Ulpiani (tit. 1. s. 3):-" A  Lex is said either
citum  est quod plebs plebeio magistratu inlterro-  roogr-i or ferri; it is said abrogari, when it is regante, veliiti Tribune, constituebat."  (Inst. i.  pealed;  it is said deroyari, when a part is retit. 2. s. 4.)  " Accordingly," says Gais  (i. 3), pealed; it is said sobrogari, when some addition
"formerly the patricii used to say that they were  is made to it; and it is said ohlrogari, when some
not bound by Plebiscita, because they were lmade  part of it is chasnged."  A subsequenllt lex repealed
without their sanction  (sine auctoritate eoruml); or altered a prior lex which was inconsistent with
but afterwards the Lex Hortensia was carried  it. It appears to have been also a principle amonlg
(B. C. 288), which provided that Plebiscita should  the Romans that a Law by long desuetiude became
bind the whole populus (in the larger sense of the  of no effect.  (Comp. Liv. xxi. 63, and Cic. in
word), and thus they were made of equal force  Verr. v. 18.)
with Leges." (Liv. viii. 12; Gell. xv. 27; LEGES    As to their formn, we CaI1  judge of the oItsman
PUBLLICAE.)                                          style of legislatioll by the firagments which exist.
When the Comitia Tributa were put onl tle  Thile Romans seem  to have alwvays adhlered to the
samle footing as the Centuriata, the naimlie Lex was  old expressions, and to have used fetw superfluous
iapplied also to Plebiscita, and thus Lex becamle a  words. Great cre was taken with such clauses as
generic termi, to which was sollmetiimes added the  were proposed to alter a former lex, and great care
specifi  designation, as Lex Plebeivescitum, Lox  was also used to avoid all interference with a
sive Plebiscitnm cest [PLs:sBISCITUm].              former lex, wlha1n no change in it was inltendeed.
Cicero, inl  his enumeration of thle soulrces of Tlhe Legesvere often divided into chapters (clpita).
Roman law  (lop. 5), does not msientioii Plebis-  (See the tablet of the Ioex de Gallia Cisalpinal
cita, whicl lie undoubtedly comprehended under  and Cic.   l Ad /tt. iii. 23.)   The  Lex wavs ciut
"leges."  Various Plebiscita are quoted as leges, on bronze (aes) uad cdeposited onl tle Aeraritimll.
such as the Lex Falcidia (Gaius, ii. 227) and Lex  (Sueton. CGues. 28; Plutarch, C'cl. Mlins. 17.) ProAquilia. (Cic. pro Tillio, 8. 11.)  In tile Table of bably the fixinlg of a Lex in a pilublic place was
Iteraclea the words " lege pleobisvescito" appearlr generally  ollly ftor a tilme.  (Cic. ad iltt. xiv.
to refer to the same enactment; and in the Les  12.)  The title of the lex was geanerlilly derived
lRubria there occturs the phrase " ex lege Rubria  froml the gentile name of the mIllgi.stratuls who prosive id plebiscitumll est." (Savigny, Zeitsclhiift, &c. posed it, as time Lex Hortensia from  the dictator
vol. ix. p. 355.)                                    llortensius.  Someties ties t    lex tok  its name
The word Rogatio (froi  thle verb roqo) properly  firom the two consuis or othier magistrates, as the
meatls any  mleasulre proposed to  the legislative  Acilia Calpilrnlia, Aelih  or Aelia Saentia, Papial or
body, ulad therefore is equally applic able to a, pro-  Paupia Poppaca, and otllers. It seents to have been
posed lex anld a proposed Plebiscitum.  Accord-  the fashion to omit the word et between the twvo
ingly there occur the expressions " populum s ro-  nalmes, though illstances occur in which it wss
gare," to propose a lex to the popullus; and "leoegln  used.  [.J'ULIA LEx. T Tr'IIk.]  A lex was also
rogare," to propose la lex. (Festums, s. v. R1oytio.)  oftell designlated, with reference to its object, as
A  Rogattio then is properly a proposed lex or ai the Lex  Ciilcia de l)onlis et Muneribtls, Lex
proposed plebiscituml. The termns Rogarle, Rlogatio  Furial Testamentalria, Lex Ju.Tlia Municipalis, allde
also apply to a person bheig proposed for a imagis- nmnlly others.  IcLaes whclih related to a comlmonl
tratus at the Comlitiua. (Sall. Jug. 2).)  The form  object, were often designated by a collective name,
of a Rogattio, in the case of Adrogatio, which  -ais  as Lees Agrariae, Jiudiciariae, and others. Some



LEX.                                               LEX.                    6f83
times a chapter of a lex was referred to under the    liogatio is defined by Festus to be, a command
title of the lex, with the addition of a reference  of the Populus relating to one or more persons, b)ut
to the contents of the chapter, as Lex Julia de  not to all persons; or relating to one or -more
Fundo Dotali, which was a chapter of the Lex  things, but not to all.  That which the Populus
Julia de Adulteriis.  A  lex sometimes took its  has commanded (scivit) with respect to all pernlame from the chief contents or its first chapter, as  sons or things is a Lex; and Aelins Gallus says,
Lex Julia de Maritalldis Ordinibus. Sometimes a  Rogatio is a genus legis; that which is Lex is not
lex comprised very various provisions, relating to  consequently (continuo) Rogatio; but Rogatio must
matters essentially different, and in that case it  be Lex, if it has been proposed (rsogata) at legal
was called Lex Satura.  [LEX   CAECILIA  DInIA,  comitia (justis coinitiis). According to this definiLEx JULIA MUNICIPALIS.]                           tiou a rogatio, when enacted, is Lex; there is also
The terms in which a Lex was expressed were  Lex which is not rogatio: therefore we must
fixed by the person who proposed it; but in many  assume a general name Lex, comprehending Lex
cases probably he would require the assistance of Proper and Rogatio.  The passage of Aelius Galsome person who was acquainted with technical lus is emesdedl by Goettling (Geschichte der MRlm.
language.  A Lex was proposed to the Comitia in  Stcaatsv. &c. p. 310); but his emendation is founded
its entire form for acceptance or rejection: there  on mistaking the sense of the passage, and it conwas no.discussion on the clauses, and no alteration  verts the clear meaning of Gallus into nonsense.
of them  in the Comitia, and indeed discussion  According to the definition of Gallus, Rogatio was
of details and alteration were impossible.  The  equivalent to Privilegium, a term which occurred
Sanctio of a Lex (Rihet. ad Hlerenz. ii. 10; Papi- in the Twelve Tables (Cic. de Leg. iii. 19); and it
ishan, Dig. 48. tit. 19. s. 41) made a Lex which  signified, according to Gallus (Festus, s.?. Royatio)
the Romans call Perfecta. In a Lex Perfecta, the  an enactmnent that had for its object a single peract which is done contrary to the provisions of son, which is indicated by the form of the word
the Lex, is declared by the Lex to be null.  If a  (pr'ivi-leyiuln), " pri ae res " being the same as
Lex did not contain this Sanctio, it was called  "singulae res."  The word privilegium, according
Imperfecta.  A Lex was called minus quam per-  to the explanation of Gallus, did not convey any
fecta, when the act which was done contrary to its notion of the character of the legislative measures:
provisions was not declared null, but the Lex im-  it might be beneficial to the party to whom it reposed a penalty. (Savigny, System, &c. vol. iv. p. ferred, or it might not.  It is generally used by
549, &c.)  This division of Leges into Perfectae, Cicero in the uniavourable sense (pro Domo, 17 
&c. is obviously only applicable to such Leges as pro Sestio, 30; rogationlem privilegii simileni, BrDzt.
referred to what the Romans called the department 23). Accordingly in the Republican period Priviof Privatmn Jus.                                   legia were not general Laws or parts of the general
The number of Leges was greatly increased in  Law: they bear the character of an exception to the
the later part of the republican period (Tacit. Ann. general rule.  In the Corpus Juris Privilegium is.
iii. 25-28), and Julius Caesar is said to have con-  the common name for a Jus Singulare, the meanltemplated a revision of the whole body.  Under ing of which is explained by Savigny (System, &c.
him  and Augustus numerous enactments were  i. p. 61).
passed, which are known under the general name    Tie meaning of Lex, as contrasted with Jus, is
of Juliae Leges. [JULI.IE LEGES.]  It is often  stated in the article Jus.
stated that no Leges, properly so called, or Plebis-    Some other significations of Lex, which are not
cita, were passed after the time of Augustus; but its proper significations, are easily explained; for
this is a mistake.  Though the voting might be a  instance, Lex is used to express the terms or conmere form, still the form  was kept; and if this  ditions of a contract, apparently with reference to
were not sol the passage of Gains (i. 2, &c.), in  the binding force of all legal contracts. In English
which he speaks of leges and plebiscita as forms  instruments which contain covenants, it is often
of legislation still in use, would not be correct. expressed that it shall be "lawfutl" for one or
Besides, various leges are mentioned as having  more of the parties to do a certain act, by which
been passed under the Empire, such as the Lex  is simply meant that the parties agree about someVisellia, a Lex Agraria under Caligula, and a Lex  thing, which is legal, and which therefore makes
Claudia on the tutela of women. (Gaius, i. 157, a valid agreement.  The work of Marcus Manilius
171.)  It does not appear when the ancient forms  (Cos. B. c. 149) on sales is quoted by Cicero (de
of legislation were laid aside, but they certainly  Or. i. 58) as "Manilianas venaliuml vendendorum
long survived the popular elections to which alone  leges."  (See D)ig. 18. tit. 1. s. 40, where Lex
the passage of Tacitus (Ann. i. 15) refers.        means conditions of sale.)  Accordingly we find
In the Digest a Senatusconsultum is sometimes  the expression Leges Censoriae to express the conreferred to as a Lex (14. tit. 6. s. 9. ~ 4; s. 14); ditions on which the censors let the public proin which there was no great impropriety if we  perty to farm; and perhaps the term also signified
have regard to the time, for Senatusconsulta were  certain standing regulations for such matters, which
then laws.  Still a Senatusconsultum, properly so  the censors were empowered to make. (Freaq. do
called, must not be confounded with a Lex properly j2re Fisci, s. 18; Dig. 50. tit. 16. s. 203.) In bothi
so called; and there is no reason for supposing  the cases just referred to, the phrase Lex Cellthat the Lex Claudia of Gaius was a Senatuscon-  soria is used (in the singular number); and this
sultum, for when he speaks of a Senatusconsultum   Lex, whether a Law proper or slot, seems to have
of the time of Claudius, he calls it such (i. 84, 91).  been divided into chapters.
However there is no mention of any Lex being    Lex simply sometimes signifies the laws of the
enacted later than the time of Nerva. (Dig. 47. Twelve Tables.
tit. 21. s. 3. ~ 1.)                                 The extant authorities for the Roman Leges are
It remains further to explain the words Rogatio  the works of the classical Romlan writers, of the
and Privilegium.                                  IRoman Jurists, and inscriptionls.'lbe.'nct useful




684,LEX  AELIA  SENTIA.                                - LEGES ANNALES.
modern collection is that in the Onomasticon of themselves, and must have had as evidence of that
Orellius, intitled "Index Legrum Romanarum qua-  fact the presence of' five Romal citizens of full'
rumin apud  Ciceronem, ejusque Scholiastas, item   age, and have begotten a son who had attained the
apud Liviim, Velleium Paterculum, A. Gellium no-  age of one year.  On showing these facts to the
minatim mentio fit."  There are also extant frag-  praetor at Rome, or to the governor in a pronlents of several laws on bronze tablets, such as  vince, and the magistrate declaring that the facts
the Lex Thoria, which is a Lex Agraria, and is  were proved, the man, his wife, and his child becut on the back of the same tablet which contains  came Roman citizens.  If the falther died before
tle Lex Servilia; the Lex Rubria; and some few  he had proved his case before the magistrate, the
other monuments.                                   mother could do it, and the legal effbect was the
The following is a list of the principal Leges:-  same.
ACI'LTA  DE  COLONIS  DI)nUCENnIS  (Liv.    If a man manulnitted  his slave to defraud his
xxxii. 29).                                        creditors, or to defraud a patron of his patronal
ACI;LIA.  [REPETUNDAE.]                         rights, the act of manumnission was made invalid
ACI'LIA  CALPU'RNIA.  [AMBITUS.]                by this law.  A  person under the age of twenty
AEBU'TIA, of uncertain date, which with two  years was also prevented from  manninitting any
Juliae Leges put an end to the Legis Actiones, slave, except by the process of Vindicta, and after
except in certain cases.  [JunDEX; ACTIO.]         establishing  a legal cause before a  consilium.
Another Lex of the same name prohibited the  The consequence was that though a male, who
proposer of a lex, which created ally office or power  had completed his fourteenth year, could mnake a
(cmratio ac potestcs), from  having such office or  will, he could not by his will manumit a slave
power, and even excluded his collegae, cognati and  (Gaius, i. 37-40).  A  male under the age of.ffines. (Cic. in Rull. ii. 8, where lie mentions also  twenty could manumit his slave so as to make hil
a Lex Licinia, and in the pro Domo, 20.)           a Latinus, but this also required a legal crause to be
AE'LIA.  This Lex and a Fufia Lex passed  affirmed by a consilium. The provisions of the Lex;asout the end of the sixth century of the city, gave  Aelia Sentia, as to mainumitting slaves for the purto all the magistrates the obnunciatio or power of pose of defrauding creditors, did not apply to P'e -
preventing or dissolving the comitia, by observing  grini, until the provision was extended for their
tle omens and declaring them to be unfavourable.  benefit by a Stumn in the time of Hadrian.  The
(Cic. Phil. ii. 32, pro Sestio, 15, ad Altt. ii. 9.)  other provisions of the Lex did not apply to PereThere is some difficulty in stating the precise  grini.  The application of the principles of thle
nlature of these two Leges; for it is most probable  Law is showvn in other passages of Gaius (i. 66,
that there were two.  The passages in which they  68, 70, 71, 80, 139, iii. 5, 73, 74).  In a free
are mentioned are collected in Orellii Onlomasticon, state, when mnanunission muust change the condiInldex Legurn.                                     tion of slaves illto that of citizens, the importanlce
AE'LIA  DE  COLONIIS DEDUCENDIS. (Liv. of limiting and regulating the manumitting power
xxxiv. 53.)                                       is obvious.  Under the later Empire such reguAE'LIA  SE'NTIA.  This law  which was  lations would be of little importance.  This law
passed in the time of Augustus (about A. D. 3), was passed according to the constitutional forms in
chiefly regulated the mallumission of slaves; a  the time of Augustus, when the status of a Civis
nlatter that has been put under certain restrictions  had not yet lost its value, and the semblance of
in modern slave states also.                       the old constitution still existed  (Ulpian, 1ray.
By one provision of this law slaves who had  tit. i.; Dig. 28. tit. 5. s. 57, 60; 38, tit. 2. s. 33;
been put in chains by their masters as a punish-  Tacit. Annal. xv. 55.)
mllent, or branded, or subjected to the other punish-    AEII'LIA  DE CENSORmIBiS.  A Lex passed
mIents mentioned in the law (Gaius, i. 13), if they  in the Dictatorship of Mamercus Aemlilius (n. c.
were afterwards manumnitted either by the same  433), by which the Censors were elected for a
misaster or another, did not become Roman citizens  year and a half, instead of a whole lhstrum. (Liv.
or evein Latini, but were in the class of Peregrini iv. 24, ix. 33.)  After this Lex they had accorddediticii. [DEDITICII.] The law also made regula- ingly only a year and a half allowed them  for
tions as to tile age of slaves who might be manu-  holding the census and letting out the public works
mitted.  It enacted that slaves under thirty years  to farm.
of a.ge who were manlnuitted, only became Roman    AEMILIA  BAEB1IA. [CoRN'ELI BAU] smia.]
citizens whenl they were manumitted by the Vin-    AEMI'LIA LEPIDI, AEMI'LIA SCAURtI.
dicta, and after a legal cause for manumnission had  [SUvMrrvsRIAE LEGES.1
lbeen established before a consilium.  What was    AGRA'RIAE. [AnGRARIAI. LEGES; anld LE;x
a legal cause (causa justa), and how the consi-  AvuLEIx; CASSI.; CORnTI, IA; FlAMINI,;
hiuml  was constituted, are explained by Gaius (i.  FLAVIA; JULIA; LICINIA; MAirILIA; S;EI1 9, 20).  These consilia f)r the mannmnissioun of PRONIa; SERsIrlIA; THORIA.]
slnves werre held at stated times in the provinlces,    AMBITUS.  [AMBITVS.]
acnd in Rome. A slave under thirty years of age    A'MPIA, a Leox proposed by T. Amrpiis and
could become a Roman citizen if he was made  T. LabieTrus, tr. pl. ai. c. 64, by which Cii. Poimfree anld hleres by the testament of a master, who  peius was allowed to wear a crown of hbay at the
was not solvent. (Gaiuls, i. 21.)  The law also  Ludi Circenses, and tile like.  (Vell. Pat. ii. 40
contained provisions by which those who were  Dion Cass. xxxvii. 21.)
tlnder thirty years of age at the tinle of maInun:is-    ANNA'LES LEGEIS were those Leges whichi
sion, and hlad become Latini in consequence of determined -at what age a manl might be ai cauidimalnumission, might acquire the Poman citizenship  dtte for the several masgistratuis. (Cic. Jdil7). v. 1 7.)
on certain conditions, which were these.  They       The first Lex which particularly deternined
imust have taken to wife a Romatn citizen, or a  the ag'e at which a man imight be a candidate for
Latinl coloniaria or a woman of the same class as the several nmaistratuis was the Villia.  It was




LEX BrAEBIA CORNELIA.                                    LEX CINCIA.                 685
proposed by L. Villius, tr. pl. B. c. 180 (Liv. xxv.    CAECI'LIA  DE CENSO'RIBUS or CEN2, xl. 44.)  According to this Lex a man might  SO'RIA (B. c. 54), proposed by Metellus Scipio
ba elected quaestor at the age of thirty-one, and  repealed a Clodia Lex (B. c. 58), which had pre-consul at forty-three.  [VILLIA,.]               scribed certain regular forms of proceeding for tile
There seems to have been also a Lex Pinaria  Censors in exercising their functions as inspectors
on this subject.  (Cic. de Orat. ii. 65.)        of Mores, and had required the concurrence of both
A'NTIA.  [SUMATUARIAE LEGES.]                  Censors to inflict the nota censoria.  WThen a
ANTO'NIA  DE THERLMENSIBI S, about., c. senator had been already convicted before an ordi72, by which Thermessus in Pisidia was recog-  nary court, the lex permitted the Censors to renised as Libera.  (Puchta, Inst. vol. i. ~ 69; move him  from the senate in a summary way.
Dirksen, Beuscs/'knwen ilbes das Plebliscit7uz de  (Dion Cass. xl. 57, xxxviii. 13; Cic. ps'o Sestio,
71Themensibuls.)                                 25; Dig. 50. tit. 16. s. 203. De Por1'orio.)
ANTO'NIAE, the name of various enactments    CAECI'LIA  DE  VECTIGA'LIBUS  (in. c.
proposed or passed by the influence of M. Antonius,  62), released lands and harbours in Italy from the
after the death of the Dictator J. Caesar, such as  payment of taxes and dues (portoria).  The only
the Judiciaria. [JUDEx. p. 650, a.] Another lex  vectigal remaining after the passing of this lex was
that was promulgated allowed an appealto thepopu-  the Vicesinra. (Dion Cass. xxxvii. 51; Cic. ad A lt.
Ins after conviction for Vis or Majestas. (Cic. Phil. ii. 16, ad Quint. i. 10.)
i. 9.)  Various other measures proposed by M.    CAECI'LIA  DI'DIA  (B. C. 98), forlbade the
Antonius are  mentioned by Cicero (Phil. i. i, proposing of a Lex Satura, on the ground that the
ii. 43, v. 3, 5), Dion Cassius (xliv. 51, xlv. 9, 20, people might be compelled either to vote for some25, 34, xlvi. 23, 24), and Appian (Bell. C/iv. iii. thing which they did not approve, or to reject some27, 30.)                                         thing which they did approve, if it was proposed
APULE'IA, gave a surety an action against to them in this manner.  This lex was not always
his co-sureties for whatevcr he had paid above his  operative. It also contained a provision that Leges
share. [INTERCESSIO.]                            must be promulgated " trinis nundinis " before
APULE'lA AGRA'RIA, proposed by the tri-  they were proposed.  (Cic. Phil. v. 3, pro Donmo,
bone L. Apuleius Saturnins, B. c. 101.  (Liv.  1G, 20, ad Att. ii. 9.) [Lax and LIClNIA JUNIA.]
Lipit. 69; Appian, Bell. Civ. i. 29; Cic. pro Sestio,    CAECI'LIA  DE P. SULLA ET P. AUToNIso
16, 47.)                                         (Orellii Onomasticon).
APULE'IA  DE COLONIIS DEDUCENDIS (Cic.    CAE'LIA TABELLA'RIA. [TABELLARIANE
pro Balbo, 21).                                   LGES.]
APU LE'IA   FRUMENTAR'IA,  proposed    CALITGULAE  LEX  AGRA'IRA.  [MAabout the same time by the same tribune. (Auct.  souLIS.]
ad Hrerenz. i. 12.)  [FRVUMINTARIAE LEGES.]         CALPU'RNIA DE A'MBITU. [AMBITUS.1
APULE'IA  MAJESTAITIS.  [MAJESTaAs.]    CALPU'RNIA DE CONDICTIO'NE. L[PE
AQUI'LIA  [DAMNI INJURI. ACTOn.]               CONDnCTIONEM.]
ATE'RNIA TARPE'IA, B. c. 455. This Lex    CALPU'RNIA DE REPETUNDIS. [RErrempowered all magistratus to fine persons who re-  TUNDAE.]
sisted their authority; but it fixed the highest fine    CANULE'IA  (a. c. 445), established connuat two sheep and thirty oxen, or two oxen and  bium  between the Patres and Plebs, which hlad
thirty sheep, for the authorities vary in this. (Cic. been taken away by the law of the Twelve Tables.
de Rep. ii. 35; Dionys. x. 50; Gell. xi. I; Festus,  (Liv. iv. 1, 4; Cic. de Rep. ii. 37.)
a.. vv. lultanz, Ovibus, Peculatus, Niebuhr, Hist.    CA'SSIA  (B. c. 104), proposed by the tribune
of Ro7le, vol. ii. p. 300.)                      L. Cassius Longinus, did not allow a person to reA'TIA  DE SACERDO'TIIS (B. c. 63), pro-  main a senator who had been convicted in ia Judiposed by the tribune'1'. Atius Labienus, re-  cium Populi, or whose Imperium  had been abropealed the Lex Cornelia de Sacerdotiis.  (Dion  gated by the populus.  (Ascon. in Cie. Cornel.
Cass. xxxvii. 37.)                               p. 78, ed. Orelli.)
AT'I'LIA  MA'RCIA, enacted B. c. 312, em-    CA'SSIA (Tacit. Ann. xi. 25), which empowered
powered the populus to elect sixteen tribuni mi-  the Dictator Caesar to add to the numq)er of the
litum for each of four legions.  (Liv. ix. 30.)  Patricii, to prevent their extinction.  (Colnpare
ATI'LIA. [JULIA LEx ET TITIA; TUTOR.]  Sueton. Caes. 41.)  C. Octavius was made a paATI'NIA, allowed no usucapion in a stolen  trician by this lex.  (Sueton. Azcq. 2.)
thing.  (Gell. xvii. 7; Instit. 2. tit. 6. s. 2.)    CA'SSIA AGRA'RIA, proposed by the consul
[FURTUM.]                                        Sp. Cassius, B. C. 486. (Liv. ii. 41; Dionys. viii.
ATI'NIA, of uncertain date, was a plebiscitum   76.)
which gave the rank of senator to a tribune. (Gell.    CA'SSIA  TABELLA'RIA.  [TABELLanArAHT
xiv. 8.) The measure probably originated with C. LEOES.]
Atinius, who was tribune B. c. 130. (Plin. I. N.    CA'SSIA  TERE'NTIA  FRUMENTA'RIA
vii. 45; Cic. pro Doemo, 47.)                    (B. C. 73) for the distribution of corn among the
AUFI'DIA.[AMsITUS; SENATUSCONSULTUsI.]  poor citizens and the purchasing of it. (Cic. Verr.
AURE'LIA   JUDICIA'RIA.   [JUDEx, p. iii. 70, v. 21.)  [FRUMENTARIAE  LaE(Es.1
650, a.]                                           CIN'CIA LEX, or MUNERA'LIS. This lex
AURE'LIA  TRIBUNICIA.  [TRIBUNI.]    was a plebiscitum passed in the time of the tribune
BAE'BIA (B. c. 192), which enacted that four  M. Cincius Alimentus (B. c. 204), and entitled Deo
praetors and six praetors should be chosen in al-  Donis et Mluneribus (Cic. de Orat. ii. 71, ad A tt.
ternate years (Liv. xl. 44); but the law was not i. 20; Liv. xxxiv. 4.)  One provision of this law,
observed.  (Meyer, Orator. Romuan. Fsagnm. p. 90, which forbade a person to take anything for his
2n d ed.)                                        pains in pleading a cause, is recorded by Tacitus
BnAE'rIA  CORNE'LIA.  [AtMBITUS.]              (Ann. xi. 5), Ne qutis ob eauCsan2 ore(ndan pecunia(,




6116            T,EX  CTNCI A.                                LEGES COIRNELIAE.
do2iuwrve acci.aItu.  Iin the time of Augustus, the  tIler with the essay of Savigny, will furnish the
lex Cincia was confirmed by a senatusconsultuml  reader with all the necessary references and I;1(Dion Cass. liv. 18), and a penalty of four times  terials for investigating this subject.
the sum received was imposed on the advocate.    CLAU'DIA, a Lex passed in the time of the
This fact of confirmation will explain a passage in  emperor Claudius, took away the agnatorum tuteld'acitus (Ann. xiii. 42). The law was so far nmodi- in the case of wonen.  (Gaius, i. 171.)
lied in the time of Claudius, that an advocate was    CLAUIDIA DE SENATORIBUS, B.C. 218. The
allowed to receive ten sestertia; if he took any  provisions of this Lex are stated by Livy (xxi.
sum beyond that, he was liable to be prosecuted  63), and alluded to by Cicero (iZ Verr. v. 18) as
for repetundae (i-epetuendarum tenehatur, Tacit. A.2n. antiquated and dead.
xi. 7; see also Sueton. ANero, 17, and the note in    CLAU'DIA DE Soclis, n. c. 177. (Liv. xli. 8, 9.)
Burmann's edition). [REPETUNDA-E.]  It appears    CLAU'DIA  DE SENATU COOPTANDO HAL.Ethat this permission was so far restricted in Tra-  SINORUaM (Cic. in Ver-r. ii. 49).
jan's time, that the fee could not be paid till the    CLO'DIAE, the name of various plebiscita, prowork was done.  (Plin. E]p. v. 21).                posed by Clodius when tribune, B. c. 58.
So far the Cincian law presents no difficulty;    CLODIa  DE AusPICIIs, prevented the magislhut it appears that the provisions of the law were  tratus from  dissolving the Comitia Tributa, by
not limited to the case already stated.  They ap-  declaring that the auspices were unfavourable.
plied also to gifts in general; or, at least, there  This lex therefore repealed the Aelia aald Fufia.
were enactments which did limit the amount of It also enacted that a lex might be passed on the
what a person could give, and also required gifts  Dies Fasti.  (Dion Cass. xxxviii. 13; Cic, in
to he accompanied with certain formalities; and it  Vatin. 17, in Pison. 4, 5.)  [AELIA  LEX.]
does not seem possible to refer these enactments to    CLODIA DE CENSORIBUS.  [C4ACILIA.]
tany other than the Cincian law.  The numerous    CLODIA DE CIvIBUs ROMANIS INTEREMPTIS,
contradictions and difficulties which perplex this  to the effect that " qui civem Romanum indemnasubject, are perhaps satisfactorily reconciled and  tum  interemisset ei aqua et igni interdiceretur."
removed by the following conjecture of Savigny  (Vell. Pat. ii. 45.)  It was in consequence of this
(Ueber die 1ea, Cincia, Zeitschrift, &c. iv.): -  lex that the interdict was pronounced against Ci" Gifts which exceeded a certain amount were only  cero, who considers the whole proceeding as a
valid when noade by mancipatio, in jure cessio, or privilegium.  (Pro Donoe, 18, &c., Post Redit. in
by tradition: small gifts consequently were left to  Sen. 2. 5, &c.; Dion Cass. xxxviii. 14.)
a person's free choice as before; but large gifts    CLODIA  FRUAIENTARIA, by which the corn,
(except in the case of near' relations) were to be  which had formerly been sold to the poor citizens
acce:mpanied with certain formalities."  The object at a low rate, was given. (Dion Cass. xxxviii. 13 
of the law, according to Savigny, was to prevent Cic. pro Domeo, 10.)  [FRUMENTARIAE LEGES.]
foolish and hasty gifts to a large amount; and    CLODIorA DE SODALITATIBUS or DE COLLEGIIS
consequently was intended among other things to  restored the Sodalitia which had been abolished by
prevent fraud.  This was effected by declaring  a senatusconsultum of the year B. C. 80, and perthat certain forms were necessary to mnake thle gift mitted the formation of new sodalitia.  (Cic. in
valid, such as mancipatio and in jure cessio, both  Pis. 4, pro Sest. 25, ~cd Att. iii. 15; Dion Cass.
of which required some time and ceremony, and so  xxxviii. 13.)
allowed the giver opportunity to reflect on what    CLOD1A DE LIBERTINORUM SUFcFRAGIIS (Cic.
he was doing.  These forms also could not be ob- pro AMil. 12, 33).
served, except in the presence of other persons,    CLODIA DE REGE PTOLEMAEO ET DE EXSUwhich was an additional security against fraud.  LIBUS BYZANTINIS (Vell. Pat. ii. 45; Cic. pro
It is true that this advantage was not secured by  Domn. 8, 20, pro Sest. 26; Dion Cass. xxxviii. 30 
the law  inl the ease of the most valuable things,  Plut. Cat. Min. 34).
nee nmancipi, namely, money, for the transferring of    There were other so-called Leges Clodiae, which
which bare tradition was sufficient; but, on the  were however Privilegia.
other hand, a gift of a large sum of ready money is    COE'LIA.  [C.AEL5A.]
one that people of all gifts are least likely to make.    COMMISSO'RIA   LEX.    [CoMMISSoRIA
Savigny conclhtdes, and principally from a pas-  LEx.]
sage in Pliny's letters (x. 3), that the Cincian law  CORNE'L1AE.  Various leges passed in the
originally contained no exception in fivour of rela-  dictatorship of Sulla and by his influence, are so'tives; but that all gifts above a certain amount called. (Liv. Epit. 89.)
required the formalities already mentionled.  The    AGRARIA, by which many of the inhabitants of
emperor Antoninus Pinus introduced an exception in  Etruria and Latium were deprived of the complete
ihvour of parents and children, and also of near civitas and retained only the commercium, and a
collateral kinsmen. It appears that this exception  large part of their lands were made Publicum and
was subsequently abolished (Cod. Hermog. vi. 1), given to military colonists.  (Cic. ins Rull. ii. 28,
but was restored by Constantine (A. n. 319) so far  iii. 2, 3.)
as it was in favour of parents and children; and so    DE CIVITATE  (Liv. Epit. 86; Cic. pro Domn.
it continued as long as the provisions of the Cincian  30, pro Caecin. 33, 35; Sall. Hist. Frag. lib. I.
law were in-force.                                 Orat. Lepidi.)
As to the amount beyond which the law forbade    DE FALSIS.  [FALSUM.]
a gift to be made, except inl conformity to its pro-    DE INJIJPIS.  [INJURIA.]
visions, see Savigny, Zeitschrift, &c. iv. p. 36.    JUDICIARIA.  [JUDEX, p. 650, a.]
The matter of the lex Cincia is also discussed in    DE MAGISTRATIBTVS  (Appian, Bell. Civ. i.
an elaborate essay by IHasse (Rleinisches Miuseumo,  100, 101), partly a renewal of old Plebiscita (Liv.
1827), and it is discussed by Puchta, Inst. vol. ii. vii. 42, x. 13).
~ 206.  These examinations of the subject toge-    MAJESTATIS.  [MAJESTAS.]




LEGES  CORNE i, A.-\.    -                       EG:'S CORNEIT    IAE.          68,
Nuv,!!LAaIA.  c[FaLswuin~.]                      attemipts at the crime  also came within its piro.
DE PaROSCi}tLn11OSN}:'' PitOSCRI'TIS.  [PIto-  visions.   The punishment was the same as that
scRIPT0o.]                                          affixed by the lex Cornelia. de sicariis (Dig. I. c.),
DE PROVINCIIS ORarNAtmIS (CiC. ad1 Fam1. i. by which must be meant the same punishment
9, iii. 6, 8i, 10).                                 that the lex Cornelia affixed to crimes of the same
I)Dx PARRICIDIO.  [See below, ISX DE, SICAx  kind.  Ile who killed a father or mother, grandatles.]                                             father or grandmother, was punished (more majoD1)E  REJECTIONE JUDICUMa (Cic. Vfre'. ii. 31; rum) by being whipped till lie bled, sewn up in a
and Orellii Ozonmasticon).                          sack with a dog, cock, viper, and ape, and thrown
DE REPET1UNDIS (Cic. 1?'o Jtdabir'. 4).           into the sea, if the sea was at hand, and if not, by
DaE  SACERDOTIIS.  [SACERnorTI.]                 a constitution of Hadrian, he was exposed to wild
DE SENTENTIA  FEBRENIA     (Cic. Ipo   ClTuent.  beasts, or, in the time of Paulus, to be burnt. Tlhe
cc. 20, 27).  This was probably  only a chapter in  ape would appear to be a late addition.  The mura Lex Judicirils.                                   derers of a father, mother, grandfather, grandDI)1  SICAntts ET VENExCirc.   A  law  of the  mother only were punished in this manner (MoTwelve Tables containled some provision as to  dest. Dig. 49. tit. 9. s. 9); other parricides were
homicide (Plin. I. 1V. xviii. 3), but this  is  simply put to death.  From this it is clear that the
all that we know.   It is  genernlly  assumed  lex Cornelia contained a provision against parrithat the lawv of Numna Potopilius, quoted by Fes-  cide, if we are rightly informed as to the provisions
itus  (s. 7. IPtCrici Quaestores), " Si (qis hominem   de sicariis et veneficis, unless there wvas a separate
liberum dolo sciens morti dluit paricida esto,";was  Cornelia lex de p)arricidiis.  As already observed,
incorporated in the Tw'l'elve Tables, and is the law  the provisions of those two leges were modified in
of homicide to which Pliny refers; but this canll  various ways under the emperors.
not be proved.  It is generally supposed that the      It appears from  the law of Ninta, quoted by
laws of the Twvelve Tables contained provisions  Festus (s. v. Pa-ici Quaestores), that a parricida
aIgainst incanltations (n(/urc earien) and poisoi- vwas any one who killed another dolo malo. Cicero
ilrg, both of which  offences were also included  (pro Rose. Ant. c. 25) appears to use the word ill
llt(ler parricidiunl:  the lnmulderer of a parent was  its limnited sense, as he speaks of the punishment
sewed up inl a sack (czleus or ce.leus) and thrown  of the culleus.  In this limited sense there seems
itlto a river.  It was under the provisions of some  no impropriety in Catilina being called parricida,
old law thal-lt the senate by a consultum ordered the  with reference to  his country;  and the day of
cotisuls  P. Scipio  and D. Brultls (1n. c. 138) to in-  the dictator Caesar's death might be called a parriquire into the lnurder in the Silva Scantia (Silvcc   cidium, considering the circumstances under which
Sila, Cic. Blridtts, 22).; The lex Coriselia de si-  the name was given. (Suet. Ctbes. c. 388.)  If the
cariis et vcnceficis wavs passed in the time of the  original meaning of parricida be what Festus says, it
dictator Sulla, ii. c. 8-2.  The lex conltained provi-  may be doubted if the etymology of the word (pater
sions as to death or fire caused by dolus malus, and caedo) is correct; for it appears that paricida or
and against persons going about armed with the  parricida meanlt murderer generally, and afterwards
intention of killing or thieving.  The law not only  the murderer of certain persons in a near relationlprovided for cases of poisoning, but conltained pro-  ship. If the word was originally patricida, the lawv
visions against those who  made, sold, bought,  intended to make all malicious killing as great an
possessed, or gave poison for the purpose of poison-  offence as parricide, though it would appear that
ing; also against a  magistratus or senator who  parricide, properly so called, was, firom the tilme of
conspired in. order that a person might be con-  the Twelve Tables at least, specially punished with
demnied in a judicium  publicum, &c. (Compare  the culleus, and other murders were- not.  (Dig.
Cic. pro Clouet. c. 54, with Dig. 49. tit. 8.)   To  49. tit. 8, 9; Paulus, Recejst. Sentent. v. tit.
the provisions of this law was subsequently added  24; Dirksen, Uebersic/it, &c. der Zsc/ii/lfcfel/esetze.
a senatusconsultum against nmala sacrificia, other-  Leipzig.)
wise called impia sacrificia, the agents in which     SUMTUARIAsE.  [SUAITUARIAE LEGEs.]
were brought within the provisions of this lex.,TESTANIENTARIA.  [FA.LSuA.]
The punishment inflicted by the law was the in-    TRIBuNICIA, whvlichi diminished the power of the
terdictio aqiuae et ignis, according to some modern  Tribuni Plebis.  (Vell. Pat. ii. 30; Appianl, Be/I.
writers.  Marcian (Dig. 49. tit. 8. s. 8) says that  Civ. ii. 29; Caes. Bell. Civ. i. 7.)
the puniishlment was  deportatio  in insulam  et    UNCIAr IA, appears to have been a lex which
bonorltm  adeomtio.  These statements are recon-  lowered the rate of interest, and to have been
cilable when we consider that the deportatio under  passed about the same time with the Leges Sulnthe emperors took the place of the interdictio, and  tuariae of Salla.  (Festuls, s. v. Unciarit.)
the expression in the Digest was suited to the    DE VADIMONIO.  [VADIMONIUsI.]
times of the wricers or the compilers.  Besides,    DE Vi PUBLICA.  [Vis PrJBLICA.]
it appears that the lex was modified by various    There were other Leges Corneliae, such as that
senatulsconsulta atld imperial rescripts.           de Sponsoribus [INTERCESS10], which may bhe
The Lex Pompeia de Parricidiis, passed it the  Leges of L. Cornelius Sulla.
time of Ctu. Pompeius, extended the crime of par-    There were also Leges Corneliae which were
ricide to the killing (dolo male) of a brother, sister, proposed by the Tribune C. Cornelius about a. c.
uncle, aunt, and many other relations enumerated  67, and limited the Edictal power by compelling
by Marcianus (Dig. 49. tit. 9. s. 1); this enumera-  the Praetors Jus dicere ex edictis suis perpetuis.
tionI also comprises vitricus, noverca, privignus, pt-i-  (Ascon. in Cic. Cornel. p. 58; Dion Cass. xxxvi.
vigna, patronus, patrons, an avus who killed a  23.)  [EDICTUAI.]
nepos, anid a mother who killed a filins or filia;    Another Lex of the same Tribune enacted that
Ilit it did not extend to a father. All privies to  no one " legibus solverettsr," unless such a measure
tile crime were also punished  Xby the law, and  was agreed on in a meeting of the Senate   wtvhich




6883 LEX DUTODECIM TABULARUM.                             LEX DUODECIM TABUIJLARUM.
two hundred members were present and after-  should be appointed to draw up the code of laws
wards approved by the people; and it enacted that  (decemviri Legibus scribundis), but they were to
no Triblune should put his veto on such a Sena-  be chosen only from the Patricians, with a provitusconsultum.  (Ascon. in Cic. Cornel. pp. 57, 58.)  sion that the rights of the Plebeians should be
There was also a Lex Cornelia concerning the  respected  by the decemviri in drawing up the
wills of those Roman citizens who died in cap- laws. (Liv. iii. 32, &c.)  In the following year
tivity (aped hostes). [LEGATUMV, p. 676, b; POST-  (B.C. 451) the Decemviri were appointed in tl-le
LIMTNIUmU.]                                         Comlitia Centuriata, and during the time of their
CORNE/LIA Dr Neovs TALrErI,.IS, proposed  office no other mraistratus were chosen. The body
by the Tribune P. Cornelius Dolabella, B.c. 47, and  consisted of ten Patricians, illcluding the three
*oplposed by M. Antonius, Magister E quiturm. (Liv.  commissioners who had becen sent abroad: Appits
Jl)it. 113; Dion Cass. xlii. 3',2; Plut. 41nton.9.)  Claudius, Consul designatus, was at tile head. of tle
CORNE'LIA  ET CAECI'LIA DE CN. Poer- body.  The Ten took the administration of affairs
PEIO, B. C. 57, gave Cn. Pompeins the superintend-  in turn, and the Insignsia of office were only used
ence over the Res Frumentaria for five years, with  by him  who for the time being directed the ad.l
extraordinary powers. (Cic. ad Alt. iv. 1; Liv. ministration. (Liv. iii. 33.)  Ten Tables of Lacs
FpLit. 104; Dion Cass. xxxix. 9; Plut. Po01p. were prepared during the year, and after being
49.)  [FitJMENTAILIAE LEGEs.]                       approved Iby tIle Senate were confirmed Iby the
CUILIA'TA   LEX  DE  ImPERIO.   [IMPE-  Coniitia Centnriata.  As it was considered that
frIUAr.]                                            some further Laws were wvanted, Deceniviri were
CURIA'TA  LEX  DE: ADOPTIONE.  [ADOP-  again elected s.c. 450, consisting of Appius ClauTIO; and Gell. v. 19; Cic. ctl Att. ii. 7; Suetons. dins and his friends: luat the second body of,Asb,. 6.5; Tacit. Ilist. i. 15.]                   Decemviri comprised three plebeians, according to
CORNE'LIA  BAE'BIA  DE AMBITU, pro-  Dionysius (x. 513), but Livy (iv. 3) speaks only of
posed by the consuls P. Cornelius Cethegus and  Patricians.  Two nlore  Tables were added by
M. BIaebins Tamphills, B.c. l. I.  (Liv. xl. 19; these Decemviri, which Cicero (le Repulb. ii. 37)
Schol. Bob. in Cic. pro Sulla(, p. 361, ed. Orelli.)  calls " Dllae tabulae iiiiquarum leogur."  The proThis law is sometimes, but erroneously, attributed  vision which allowed no connnlri)rn between the
to the consuls of the preceding year, L. Aemilius  Patres and the Plebs is referred to the F levethll
and Cn. Baebius.  [Asrn ITrus.]                     Table.  (Dirksen, Uebcesicl/t, &c., p. 740.)  The
DECEMVIRA'LIS.   [LEx DUODFCImI  TA-  whole Twelve Tables were first published in thle
BULARUMi.]                                          consulship of L. Valericts and M. IHoratitus after
DECIA  DE Duur IVIRrS NAVAIBUS (Liv. ix. the downfall of the Decemviri, B. c. 449. (Liv. iii.
30; see ATILIA MARnciA).                            54, 57.)  This the first attempt to make a code
DI'DIA.  [SIrrTAsrr ItAr E LEGES.]               relmained also the only attempt for near one thouDOMILTIA DE SACERDO'TIIS.  [SACER-  sand years, until the legislation of Justinian. The
DOTIA.]                                             Twelve Tables are mentioned  by  thle iomllan
DUI'LIA (B. C. 449), a plebiscitum proposed lry  writers under a great variety of names: Leyes DLethe Tribune l)uilirts, which enacted " qili iplebell cenvlrales, Lex LDecevirsalr'uis,.Lees XII., Lex XII.
sine tribunis reliquisset, quique magistratum  sine  tcabulas-ram  or Duordecinr, and solnetinles they are
provocatione creasset, tergo ae capite pruliretuir."  referred to under tIle nanmes of Lyqes anld Lex
(Liv. iii. 55.)                                     simply, as being pre-eolinently The Law.
DUI'LIA MAE'NIA DE UNCIARIo FOENORE                 The Laws were cuit on bronze tablets and put
P. c. 357.  (Liv. ii. 16, 19.)                     tup ii a public place. (Liv. iii. 57; Diod. xii. 56.)
The same tribunes Dailius and Maeornius carried  Polmponius (Dig. 1. tit. 2. s. 2. ~ 4) states that tlhe
a measure which was intended in future to prevent first Ten Tables were on ivory (talelsae eboreae) i
such nnconstitutional proceedings as the elnactment a Ilote of Zimmern (Gesch. des Rils.  Pr'ivatrecdhs,
of a Lex by the soldiers out of Ronme, on the pro-  vol. i. p. 101) contains references to various authlopo-sal of the Consul.  (liv. vii. 16.)             rities which treat of this disputed matter.  After
DUO')ECIM  TABULA'RUM. In the year  the burning of the city by the Gauils (Liv. vi. 1),
ir. c. 462 the Tribune C. Terenltiliuts Arsa pro-  an order was made to collect the old foedera and
posed a rogation  tha.t five mnen should  be(;Ip-  leges; for, as it has been well remlarked, Livy's
pointrtd for the purpose of preparing a set of laws  words, which are supposed to imply that the
to limit the Imperium of the consuls. (Liv. iii. 9.)  Twelve Tables were lost, and restored or recoen-'lhe Patricians opposed the meassrre, bhut it was structed, may just as well mean  that they were
blroumght forward by the trib:ullnes in the following  not lost.  Indeed, the jlster interpretation of the
year with some mrodifications: the new  rogationr  passage is, that they were looked for an.d were
proposed that ten men should be appointed (Icgzunz found.  I-owever this may be, neither the Romans
latoress) frorm the plebs and tIhe patricii, who were  of the age of Cicero nor at any tilne after had
to make laws for the advantage of both classes, and  any doubt as to the genuineness of the collection
for the " equalizing of liberty," a phrase the ins-  which then existed.
port of.whichl canu only be udllcerstood by reference    The legislation of the Twelve Tublles has been a
to the disputes between the two classes. (Liv. ii. frruitful nlatter of sipeculatioa anid ilnquiry to mnodern
10; Dionys. x. 3.)  Accordinlg to Dionysius  (x. historiasns a.nd jurists, who have often hsandled tIhe.)2, 54) ill the year 13.c. 4,54 tlhe Senate assented  subject in the most uncriticral ianner and Nrithl
to a Plebiscitum, pursuant to which commissioners  utter disregard to the evidence.  As to the r1iswere to be sent to Athens and the Greek cities  sion to the Greek cities, tile fact rests on as much
enerally, in order to make themselves acquainted  and as good evidence as most other filcts of the
with their Iaws.  Three commissioners ~were ap-  same age, and there is  lothiing  in it ilnprobable,
pointed for the purpose.  On the return of the  thouglh we do not know what the comiinissionrers
comnlrissiorers,  B.c. 452, it was agreed that personls  bIrourght back with them.  It is filrtllh,:  said tll;tt




LEX DUODECIMI TAIBULARUM.                         LEX DUODECIMI TABULARUM. 689
ilermodorus an Ephesian exile aided the Decem-  tained that the Twelve Tables contained a body
yri il drawing up the Twelve Tables, though his  of rules of law entirely new, is not supported by
assistance would probably be confined to the inter-  any evidence, and is inconsistent with all that we
pretation of Greek laws, as it has been suggested  know of them  and of Roman institutions.  It is
(Strabo, p. 642, Casaub.; Pompon. de Orig. Juris, more reasonable to suppose that they fixed in a
Dig 1. tit. 2. s. 2. ~ 4). This tradition vwas con-  written form a large body of customary law, which
finrned by the fact of a statute having been erected  would be a benefit to the Plebeians, inasmuch as
in the Comitium at Rome in memory of Ilermo-  the Patricians were the expounders of the law;
dorus: but it did not exist in the time of Pliny. and it would be to the Patricians a better security
(Plin. H. Nr. xxxiv. 5.)                         for their privileges. One of the two last tables conThe Twelve Tables contained lmatters relating  taimed a provision which allowed no Connubium beboth to the Jus Publicum and the Jts Privatumn  tween Patricians and Plebeians; but it is uncertain
(fbus publici privatique jzzris, Liv. iii. 34).  The  whether this was a new rule of law, or a confirmation
Jus Publicum  underwent great changes in the  of an old rule. The latter seems the more probable
course of years, but the Jus Privatum of the Twelve  supposition; but in either case it is clear that it
Tables continued to be the fundamental law of the  was not one of the objects of this legislation to
Rolman State.  Cicero speaks of learning the laws  put the two classes on the same footing.  Modern
of the Twelve Tables (ut carcl en necessariumz) when  writers often speak inaccurately of the Decemviral
a boy (de Leg. ii. 4, 23); but he adds that this legislation, and of the Decemviri as enacting Laws,
practice had fileln into disuse when he wrote, the  as if the I)ecemviri had exercised sovereign power;
Edict having then become of more importance. but they did not even affect to legislate absoBlUt this does not mean that the fundamental prin-  lutely, for the Ten Tables were confirmed by the
ciples of the Twelve Tables were ever formally  Comitia Centuriata, or the sovereign people, or, as
repealed, but that the Jus Honorarium  grew up  Niebuhr expresses it, " when the Decemviri had
by the side of them and mitigated their rigour or satisfied every objection they deemed reasonable,
supplied their defects. There is indeed an instance  and their work was approved by the Senate, they
in which positive legislation interfered with them, brought it before the Centuries, whose assent was
by the abolition of the Legis actiones; but the  ratified by the Curies, under the presidency of
Twelve Tables themselves were never repealed. the colleges of priests and the sanction of happy
They became the foundation of the Jus Civile; auspices." (Vol. ii. p. 313.) The two new Tables
and they continued to exist together with the un-  were confirmed in the same way, as we may safely
written Law. The Law which grew up in the  conclude from the circumstances of the case. (Liv.
course of time existed in harmony with the Twelve  ii. 37, 57.)  It makes no difference that the
Tables, and was a development of their fundamental  Sovereign people did not vote on the several
principles.  It is a remarkable circumstance in the  laws included in the Tables: such a mode of lehistory of Roman Law and a proof of the practical gislation  would  have been impracticable, and,
skill of the Romans, that long before Jurisprudence  as Niebmuhr observes, was not conformable to the
was a science, the doctrine of Successio per Uni- usage of ancient Commonwealths.  How far the
versitatem was so completely and accurately stated  Decemviri really were able, bty intrigue or otherin the Law of the Twelve Tables, that the Jurists  wise, to carry such particular measures as they
of the best period could find nothing to improve. wished to insert in the Tables, is a different ques(Cod. 3. tit. 36. s. 6; 10. tit. 2. s. 25. ~ 9. 13; 4. tion: but ins form  their so-called legislation was
tit. 16. s. 7; 2. tit. 3. s. 26; Savignly's Systenz, confirmed, as a whole, by the sovereign, that is,
&c. i. p. 383.) The Roman writers speak in high  the Roman people, and consequently the Decemviri
terms of the precision of the enactments contained  are improperly called Legislators: they might be
in the Twelve Tables, and of the propriety of called code-makers.
the language in which they were expressed. (Cic.    It is consistent with the assnumption that the
tle Rep. iv. 8; Diodor. xii. 26.)  That many of Twelve Tables hald mainly for their object the emtheir provisions should have become obscure in  bodying of the customary law in writing, to admit
the course of time, owing to the change which  that some provisions were also introduced from
language undergoes, is nothing surprising; nor the laws  of other states. Indeed, where the Roman
cain we wonder if the strictness of the old law  law was imperfect, the readiest mode of supplying
should often have seemed unnecessarily harsh in a  the defects would be by adopting the rules of law
later age. (Gell. xvi. 10.)  So far as we can form  that had been approved by experience among other
a judgment by the few fragments which remain, people, and were capable of being easily adapted to
the enactments were expressed with great brevity  the Roman system. Gaius, in his Commentary oil
and archaic simplicity.                          the Twelve Tables, where he is speaking of Collegia,
Sextus Aelius Paetus Catus in his Tripartita  (Dig. 47. tit. 22. s. 4), says, that the members of
commented on the Twelve Tables, and the work  Collegia may make what terms they please amlong
existed in the time of Pomnponius. [Jvs AEMLI- themselves, if they thereby violate no Publica Lex;
Nurm.]  Antistius Labeo also wrote a comment on  and he adds, this Lex seems to be taken from one
the Tables, which is mentioned several times by  of Solon's, which he quotes.  And in another pasGellius. (i. 12, vii. 15, xx. 1.) Gaius also wrote  sage, whein he is speaking of the Actio finium rea Comment on the Tables in six books (ad leyems  gundorum (Dig. 10. tit. 1. s. 13), he refers to a law
A-lL. tabzularuen), twenty fragments of which are  of Solon as the source of certain rules as to bouincontained in the Digest, and collected by Hom-  daries. (See also Cicero, dce Leg. ii. 25.)  It is a
inelius in his Palingenesia. (i. 1]17.)  There were  possible case that the Romans had no written law
also other commentaries or explanations of the  before the enactment of the Twelve Tables, except
Laws of the Twelve Tables.  (Cic. de Leg. ii. 23, a few Leges, and if this is so, the prudence of
25.)                                             applying to those states which  had bodies of
The notion which has sometimes been enter- written law, if it were only as samples and patY Y




690-          LEX  GABINIA.                                    LEGES JULIAE.
terns of the form of written law, is obvious. How-    GE'LLIA CORNE'LIA, n. c. 72, which gave
ever, what was actually received of foreign law  to Cn. Pompeius the extraordinary power of concould not be more than a few rules of an arbitrary  ferring the Roman civitas on Spaniards in Spain,
nature, which in no way depend on the peculiar with the advice of his consilium  (cle consilii sensystem  of law of any country.  The Jus Priva- tentiL, Cic. pro Balk. 8, 14).
tum was hardly and indeed could hardly bIe affected    GENU'CIA, B. c. 341, forbade altogether the
by any rules of foreign law; and as to resemblance  taking of interest for the use of money.  (Liv. vii.
between Roman Law and the Law of any Greek  42.)  It is conjectured that Appian (Bell. C'iv. i.
states, that is no ground for a conclusion that the  54) alludes to this law  (Orellii Onaotasticon).
Roman rules are derived from the Greek.          Other Plebiscita of the same year are mentioned
The fragments of the Twelve Tables have often  by Livy (vii. 42).
been collected, but the most complete essay on their    GALLIAE CISALPI'NAE.  [RUBRIA.]
history, and on the critical labours of scholars and    HIERO'NICA   was not a Lex properly so
jurists, is by Dirksen, Uebersict der bisheriyceen Ver- called.  Before the Roman conquest of Sicily, the
suche zur Kritik und tlerstellung des Textes der payment of the tenths of wine, oil, and other proZwojlf-TcSfel-Fragicnl2e, Leipzig, 1824. Zimmern's  duce had been fixed by Hiero, and the Roman
Geschiclte, &c. contains references to all the au- quaestors, in letting these tenths to farm, followed
thorities on this subject; and Puchta's Institltioneez, the practice which they found established.  (Cic.
&c. i. ~ 54, 55, 73, 78, some valuable remarks on  Verc. ii. 13, 26, 60, iii. 6, &c.)
them.                                             HII'RTIA DE PoMIrEIAnIS (Cic. Phil. xiii. 16.)
FA;BIA  DE PLA'GIO.  [PLA.GIUM.]                 HORA'TIA, proposed by M. Horatius, made
FA'BIA DE NUMERO SECTATORUsI (Cic. pro  the persons of the Tribunes, the Aediles, and others
Ialrenca, 34).                                  sacrosancti. (Liv. iii. 55.)  [VALERIAHE ET 1-10FALCI'DIA.  [LEGATUM.]                        ILATIAE.]
FA'NNIA.  [SUaTUs ARIAE LEGES.]                  Another Lx Heoratia mentioned by Gellius
FA'NNIA.  [JuNIA DE PEIEGRIlNIS.]             (vi. 7) was a privilegilnm.
FLAMI'NIA, was an Agraria Lex for the    HORTE'NSIA  DE PLEBISCI'TIS.  [PLE.
distribution of lands in Picenum, proposed by the  BISCITUM; PUBLILIAE LEGES.]
tribune C. Flaminius, in u. c. 220 according to    Another Lex Hortensia enacted that tile nunCicero, or in B. C. 232 according to Polybius. The  dinae, which had hitherto been Feriae, should be
latter date is the mnore probable.  (Cic. Acad. ii. 5, Dies Fasti.  This was done for the purpose of acde Sceect. 4; Polyb. ii. 21.)                    commodating  the  inhabitants of the  country.
FLA'VIA AGRA'RIA, B. C. 60, for the dis-  (Macrob. i. 16; Plin. fI. N. xviii. 3.)
tribution of lands among Pompeins' soldiers, pro-    HOSTI'LIA  DE FURTIS is mentioned only
posed by the Tribune L. Flavius, who committed  in the Institutes of Justinian (iv. tit. 10).
the. Consul Caecilius Metellus to prison for op-.   ICI'LIA, intitled by Livy, De Aventino Pubposing it.  (Cic. ad Att. i. 18, 19; Dion Cass. licando, was proposed by L. Icilius, tr. pl. B. C.
xxxvii. 50.)                                     456. As to the object of this Lex, see the passages
F RU ME NTA'RIAE.  [FRUAIENTARIAE  which are here referred to; and particularly DioLExs.]                                          nysius, and the article SUPERFICIES. (Liv. iii. 31,
FU'FIA.  [AELIA.]                              32; Dionys. x. 32, 33; Niebuhr, leist. of Romle,
FUIFIA  DE RELIGIO'NE, B. C. 61, was a  ii. p. 301; Puchta, Inst. ii. ~ 244.)
privilegium which related to the trial of Clodius.    Another Lex Icilia, proposed by the Tribune Sp.
(Cic. ad Att. i. 13, 16.)                        Icilius a. C. 471, had for its object to prevent all
FU'FIA  JUDICIA'RIA. [JunEx, p. 650, a., interruption to the Tribunes while they were adand the remarks in Orellii Onowasticon.]         dressing the Plebs.  In some cases the penalty
FU'RIA or FU'SIA  CANI'NIA, limited the  was death.  (Dionys. vii. 17; Cic. pro Sestio,
number of slaves to be manumitted by testament. 37; Niebuhr, ii. p. 231.)
[MANuMISSIo.]                                      JU'LIAE, leges, most of which were passed in
FU'RIA  DE FENORE (Gaius, iii. 122).    the time of C. Julius Caesar and Augustus.
FU'RIA  DE SPONSORIBUS. [INTERCES-    DE ADULTERsIS.  [ADULTERIUv.]
SIo.]                                              AGRAsRIA  is referred to by Suetonius (,Jel.
FU'RIA or FUSIA  TESTAMENTA'RIA.  Ctesaer, c. 20), and in the Digest, De Terouino
[LEGATUM.]                                       Moto (47. tit. 21).  But the lex of C. Caesar, reGABI'NIA   TABELLA'RIA.  [TABELLA- ferred to in the Digest, is probably a lex of CaliMIAE.]                                          fgula.  The Agraria lex of the dictator Caesar was
There were various Gabiniae Leges, some of passed a. c. 59, when he was consul.  (Dion Cass.
which were Privilegia, as that (B. c. 67) for con- xxxviii. 1-7, &c.; Appian, Bell. Civ. ii. 10;
ferring extraordinary power on Cn. Pompeius for Vell. Pat. ii. 44; Cic. Pzil. ii. 39, ad Alt. ii.
conducting the war against the pirates.  (Cic. pro  16, 18; Rudorif, Lex Maeiliac de Coloniis, ZeitLege Mancil. 17; Vell. Pat. ii. 31; Dion Cass. schrift, vol. ix.)
xxxvi. 6; Plut. Pomp. 25.)                         DE AMSBITU.  [AMBITUS.]
A Gabinia Lex, a. c. 58, forbade all loans of    DE ANNONA.  (Dig. 48. tit. 1. s. 1.)
money at Rome to legationes from foreign parts    DE BONIS CEDENDIS.  This lex provided that
(Salaminii Cim2 Ro1nCe versuram7 ficere vellent, non  a debtor might escape all personal molestation front
poterant, qiaod Lex Gabinia vetabat, Cic. ad Att. v. his creditors by giving up his property to themn for
21, vi. 1, 2).  The object of the lex was to pre- the purpose of sale and distribution.  (Gaius,. iii.
vent money being borrowed for the purpose of 78.)  It is doubtful if this lex was passed in tile
bribing the senators at Rome.  There was a Lex  time of Julius Caesar or of Augustus, though proGabinia intitled De Senatu legatis dando (Cic. ad  bably of the former.  (Caesar, Bell. Civ. iii. I
Q. Fr. ii. 13).                                  Sueton. Cues. 42; Tacit. Aznn. vi. 16; Dion




LEGES JULIAE.                                        LEGES JULTAE.                 6.91
Cass. lviii. 21.)  The beneficium  of the lex was  49).  This latter date, in favour of which various
extended to the provinces by the imperial consti-  considerations preponderate, seems to be fixed
tutions.  (Cod. 7. tit. 71. s. 4.)                 about the year B. C. 45 by a letter of Cicero (ad
CAUCARIA is the same as the LEx JULIA DE;Famr. vi. 18).  Compare the tablet 1. 94, 104, as
PAPIA POPPAEA.                                     to persons whom the lex excluded from  the office
Dr, CAEDE  ET  VENEFICIO  (Sueton. Nero, of decurio.
c. 33), perhaps the same as the Lex De Vi Pub-    It seems that the lex of the year B. C. 49, which
lica.                                              gave the civitas to the Transpadani, enacted that a
DE CIVITATE, was passed in the consulship of Roman  commissioner should be sent to all the
Ls. Julius Caesar and P. Rutilius Lupus, a. c. towns for the purpose of framing regulations for
90.  [CIVITAS; FOEDERATAE CIVITATES.]              their municipal  organization.   The Lex Julia
DE FENORE, or rather De Pecuniis Mutuis or enmpowered  the commissioners to continue their
Creditis (B. c. 47), passed ill the time of Julius  labours for one year from  the date of the lex, the
Caesar (Sueton. Coes. c. 42; Caesar, de Bell. Civil. terms of which were so extended as to comprise
iii. 1).  The object of it was to make an arrange-  the whole of Italy.  The lex was therefore appromielt between debtors and creditors, for the satis- priately called Municipalis, as being one which
1iction of the latter.  The possessiones and res  established certain regulations for all municipia;
were to be estimated at the value which they had  and this sense of the term municipalis must be dis.
before the civil war, and to be surrendered to the  tinguished from  that which merely refers to the
creditors at that value; whatever had been paid  local usages or to the positive laws of any given
for interest was to be deducted from the principal.  place, and which is expressed by such terms as
The result was that the creditor lost about one-  Lex Municipii, Lex Civitatis, and other equivalent
fourth  of his debt; but he escaped the loss, termns.
usually consequent on  civil disturbance, which      The name Lex Julia rests mainly onl the fact
would have been causedby Novae Tabulae. (Com-  (assumed to be demonstrated) that this lex was
pare  Caesar, de Bell. Civ. iii. 1, with Sueton. passed when Julius Caesar was in the possession of
Cates. c. 42.)  A passage of Tacitus (Agnn. vi. 16)  full power, that it is the lex referred to by Cicero,
is sometimes considered as referring to this lex, and  and that it is improbable that it would have beien
sometimes to the Lex de Bonis Cedendis; but it  called by any other personal appellation than that of
does not seem  to refer to either of them.  The  Julia.  It is further proved by a short inscriptionl
passage of Dion Cassius (lviii. 21.  IEpl reSv  found at Padua in 1696, that there was a Lex
cruvAoXaicev) seems to refer to this Lex de Mutuis  Julia Municipalis; and the contents of the inscrip.Pecuniis.                                          tion  (IIi vir aediliciae. potestat. e lege. Julia
DE FUNDO DOTAL.  The provisions as to the  Municipali) compared with Cicero (eratque rumor
Fundus Dotalis were contained in the Lex Julia  de Transpadanis eos jussos iiiI rioes creare, ad
de Adulteriis. (Gaius, ii. 63; Paulus, S. 1. ii.  Att. v. 2) render it exceedingly probable that the
tit. 21. s. 2; Dig. De Fundo Dotali, 23. tit. 5.  Lex Julia Municipalis of the inscription is the lex. 1i, 2, 13.) This Julia Lex was commented on by  of the Table of Heraclea, and the Lex Municipalis
Papinian, Ulpian, and Paulus. [ADULrERIUAM.]    of the Digest (50. tit. 9. s. 3; Cod. 7. tit. 9. s. 1;
JuDICIARIAE. The lex referred to in the Digest  and Dig. 50. tit. 1. Ad.u1unicip)alemn et de Incolis).
(4. tit. 8. s. 41) by which a person under twenty    (Savigny, Volksscldluss der Tcsfel von Heraclet,
years of age was not compelled to be a judex, is  Zeitscel'iJt, vol. ix. p. 300, and vol. xi. p. 50, as to
probably one of the  Leges Juliae Judiciariae.  the passage of Sueton. Caesar. 41.  The tablet is
(Gell. xiv. c. 2.)  As to the other Juliae Leges  printed in the work of Mazochi, Consnc. in  aeneas
Judiciariae, see JUDEX.                            Tab. Hercel. p. 1, 2. Neap. 1754, 1755, fol., with
DE LIBERIS  LEGATIONIBUS. (Cic. ad Art. xv. a commentary which contains much learning, but
11.)  [LEGATUS.]                                   no sound criticism).
MAJESTATIS.  (Cic. Phil. i. 91.)   The Lex    JULIA  ET PAPIA POPPAEA.  The history of
Majestatis of the Direst (48. tit. 4) is probably a  this lex is not quite clear.  Augustus appears
lox of Augustus. ['IAJESTAS.]                     to have caused a lex to be enacted about B. c. 18;,
DE  MARITANDIS ORDINIBUS,.    JULItA ET  which is cited as the ILex Julia de Mcaritandis
PAPIA POPPAEA.]                                    Ordinibus (Dig. 38. tit. 11; 23. tit. 2), and is reMIUNICIPALIS, commonly called the Table of ferred to in the Carmen Seculare of Horace, which
Heraclea.  In the year 1732 there were found  was written in the year B. C. 17.   The object of
near the Gulf of Tarentum and in the neighbour-  this lex was to regulate marriages as to which it
bood of the ancient city of Heraclea, large frag-  contained numerous provisions; but it appears not
ments of a bronze tablet which contained on one  to have come into operation till the year B. C. 13.
side a Roman lex and on the other a Greek in. Some writers conclude from  the passage in Suetoscription.  The whole is now in the Museo Bor-  nius (Aucgtst. 34) that this lex was rejected;
bonico at Naples.  The lex contains various pro-  and add that it was not enacted until A. D. 4.
visions as to the police of the city of Rome, and as  In the year A. D. 9, and in the consulship of M.
to the constitution of communities of Roman citi-  Papius Mutilus and Q. Poppaeus Secundus (conzens (lmunicipia, coloneae, praefecturae, fbra, con- sules szqFecti), another lex was passed as a kind of
ciliabzlae civiucn RomnanoscumL).  It was accordingly  amendment and supplement to the former lex, and
a lex of that kind which is called Satura.         hence arose the title of Lex Julia et Papia PopIt is somewhat difficult to determine the date  paea by which these two leges are often quoted;
of this lex, but there seem  to be only two dates  for it has been inferred from the two Leges being
which can be assumed as probable; one is the time  separately cited that they were not made into one.
immediately after the Social War, or shortly after  Various titles are used according as reference is. c. 89; the other is that which shortly followed  made to the various provisions; sometimes the rethe admission of the Transpadani to the civitas (3. c.  ference is to the Lex Julia, sometimes Papia Pop.
Y 2




692             LEGES JULIAE.                                      LEGES JULIAE.
paea, sometimes Lex Julia et Papia, sometimes Lex  under fifty was still capable of having children.
de Maritandis Ordinibus, from the chapter which  (Ulp. Eras. xvi.; Sueton. Cla&cd. 23.)  If the
treated of the marriages of the senators (Gains, i. woman was above fifty and the man under sixty,
178; Ulp. Frag. xi. 20; Lex Marita, Hor. Ctinm. this was called Impar Matrimonium, and by a
Sec.), sometimes Lex Caducaria, Decimaria, &c.  Senatns-consultum  Calvitianum  it was entirely
from the various chapters. (Ulp. Frag. xxviii. tit.  without effect as to releasing from  incapacity to
7; Dion Cass. liv. 16, lvi. 1, &c.; Tacit. Aln. iii. take legata and dotes. On the death of the woman,
25.)                                               therefore, the dos became caduca.
There were many commentaries on these leges    By the Lex Papia Poppaea a candidate who had
or on this lex by the Roman jurists, of which con- several children was preferred to one who had
siderable fragments are preserved in the Digest:  fewer. (Tacit. Ann. xv. 19; Plin. EjP. vii. 16.)
G'aius wrote 15 books, Ulpian,20, and Paulus 10  Freedmen who had a certain number of children
books at least on this lex, The lex conltained at  were freed " operaruim obligatione" (Dig. 38. tit.
least 35 chapters (Dig. 22. tit. 2. s. 19); but it is  1. De Operis ibertoerunz); asd libertae, who had
impossible to say to which of the two leges in- four children, were released from the tutela of their
cluded under the general title of Lex Julia et Papia  patrons. (UJlp. Iirac. tit. 29.)  Those who had
Poppaea, the several provisions as now known to  three children living at Rome, four in Italy, and
tis, belong.  Attempts have been made both by J. five in the provinces, were excused from  the office
Gothofredus and Ileineccius to restore the lex, of tutor orcurator. (Inst. 1. tit. 25; Dig. 27. tit. 1.)
on the assumption that its provisions are redllcible  After the passing of this lex, it became usual for
to the two general heads of a Lex Maritalis and  the senate, and afterwards the emperor (pnrieceps)
Lex Caducaria.                                     to give occasionally, as a privilege, to certain perThe provisions of this Lex or of these Leges' sons who had not children, the same advantage
forbade the marriagre of a senator or a senator's  that the lex secured to those who had children.
children with a libertina, with a woman whose  This was called the Jus Liberoram.  Plinysays
father or mother had followed anl Ars Ludicra,  (Ep. ii. 13) that he had litely obtained from  the
and with a prostitute; and also the marriage of emperor, for a friend of his, the Jus Trium Libers-.a libertinus with a senator's daughter.  If an  rum. (See also Epv. x. 95, 96; and Dion Cass. lv.
hereditas or a legatum  was left to a persou on  2, and the note of Reimarus.)  This privilege is
condition of not mnarrying, or on conditions which  mentioned inl some inscriptions, on which the abin effect prevented mnarriage, the conditions were  breviation I. L. 1I. (jiss liberoizlrum halbens) some.
illegal, and the gift was unconditional.  The con-  times occurs, which is equivalent to " jura parentis
dition, however, might be not to lmarry a certain  habere."  The  emperor lM. Antonsinus provided
specified person or certain specified persons; or it that children should be registered by name withisn
might be, to marry a particular person; but then  thirty days after their birth with thee Praefectus
the person must be such a one as would be a  Aerarii Saturni. (Capitol. 21l. Ant. c. 9; compatre
suitable match, otherwise the condition would be  Juvenal, Sat. ix. 84.)
in effect a condition not to marry, and therefore    The lex also imposed penalties on orbi, that is,
void. (Dig. 35. tit. 1. s. 63.)                    married persons who had no children (qti liMleros
In order to promote marriage, various penalties  son ihabet, Gaius, ii. 111) from the age of twentywere imposed on those who lived in a state of celi-  five to sixty in a mcan, and from the age of twenty'bacy (caelihatuts) after a certain age.  Caelibes  to fifty in a woman.   By the Lex Papia, orbi
could not take an hereditals or a legacy (Zlge- could only take one half of an hereditas or legatumc
tun); but if a person was caelebs at the time of which was left to them. (Gaius, ii. 286.) It seems
the testator's death, and was not otherwise dis-  that an attempt had been made to evade this part
qualslified (ju re civili), Ihe might take the hereditas  of the lex by adoptions, which a Senatus consultusi
_or legatum, if ihe obeyed the lex within one hun-  Neronianumn  declared to be ineffectual for the purdred days, that is, if he married within that tile.  pose of relieving a person from the penalties of the
(Ulp. Prebg. xvii. 1.)  If he did not comply withl  lex. (Tacit. Ann. xv. 19.)
the lex, the gift became caducum.  [CADUCA.]    As a general rule a husbanld and wife could only
The Lex Julia allowed widows a term of one year  leave to one another a tenth part of their property;
(vacatio) from  the death of a husband, and di-  but there were exceptions in respect of children
vorced women a term (vacateo) of six months fromn  either born of the martiage or by another marriage
the time of the divorce, within which periods they  of one of the parties, which allowed of the firee
were not subject to the penalties of the lex: the  disposal of a larger part.   This privilege might
Lex Papia extended these periods respectively to  also be acquired by obtaining the Jus Liberorum.
two years, and a year and six months.  (Ulp.  (Ulp. Frqg. tit. xv. xvi.)
Frag. xiv.)                                           As to some provisions of this Lex, see PATROaNUS.
A  man when lie attained the age of sixty ancd    PECULATUS.  [PECULATUS.]
a wonman when she attained the age of fifty Ivere    JULIA ET PLAU TIA, which enacted that there
not included within certain penaities of the lex  could be no usucapion in things obtained by robbery
(Ulpian, Frag. xvi.); but if they had not obeyed  (vi )ossessae).  The Twelve Tables had already
the lex before attaining those respective ages, they  provided that there could be no usucapion ic stolen
were perpetually bound by its penalties by a Se-  things. (Gaius, ii. 45; Inst. 2. tit. 6.)  This lex
natus-consultum Pernicianum.  A  Senatus-consul-  was probably passed B. c. 89.
turn Claudianum so far modifield the strictness of    JuLIA PAPIia:L.  [PAPIIRIA.]
the new rule as to give to a man who married above    DE PROVINCcIS.  (Dion Cass. xliii. 25; Orelli,
sixty the same advantage that he would have had  Onomasticon, refers to this Lex Julia de Repeif he had married under sixty, provided he mar-  tundis the regulations de Provincialibus Sumptibus,
ried a woman who was under fifty; the ground  which Ernesti considers to belong to the Lex
of which rule was the legal notion that a woman  Julia de Repe.tundis.)  [PtovWINCIAE.]




VEX  JUNIA  VELLEIA.                                  LEX  LICINIA.                693
DE PUBLICANIS (Cic. ad Atlic. ii. 16,_pro Cn. was in the womb, and who, when born, would be
Plancio, c. 14, ed. Wrunder; Appian, Bell. Civ. ii. the testator's suns heres, to be instituted heres,
13.)                                             even if he should be born in the lifetime of the
REPETUNDARUIJ.  [REPETUNDAE.]                 testator.  It also so far modified the old law,
DE RESIDUIS.  [PECUrLATUS.]                    that a person who by the death of a heres instiDE SACERDOTIIS. (Cic. Ep. ad Bratum, i. 5.)  tutus after the testator had made his will, became
DE SACRILEGIS.  [PECULATUS.]                   a heres quasi agnascendo, did not break the will,
SUSITUARIA, passed in the time of Julius Caesar if he was instituted heres. (Gaius, ii. 134; Ulp.
(Dion Cass. xliii. 25) and one under Augustus. Frag. xxii. 19, ed. Bbcking.)
(Gell. ii. 24.)  [SIJMTUARIAr LECES.]              LAETO'RIA.  [CURATOR.]
THEATRALIS (Sueton. Aug. 40; Plin. xxxiii.   Sometimes the lex proposed by Volero for electing
2), which permitted Roman equites, in case they or plebeian magistrates at the Comitia Tributa is cited
their parents had ever had a census equestris, to  as a Lex Laetoria.  (Liv. ii. 56, 57.)
sit in the fourteen rows (quzatuorldecin ordines)    LICI'NIA.  [AEBUTIA.]
fixed by the Lex Roscia Theatralis, B. c. 67.      LICI'NIA DE LUDIS APOLLINAIRIBUS
JULIA ET TITIA (Tnst. 1. tit. 20) empowered  (Liv. xxvii. 23).
the praeses of a province to appoint a tutor for    LICI'NIA  DE SACERDO'TIIS  (Cic. Leel.
women and pupilli who had none. (Ulp. Frag. xi. 25).
18.)  A Lex Atilia of earlier but uncertain date    LICI'NIA  DE SODALI'TIIS.  [AMBITUS.]
had given the same power at Rome to the praetor    LICI'NIA  JU'NIA, or, as it is sometimes
urbanus and the majority of the tribuni plebis; and  called, Junia et Licinia, passed in the consulship of
the new lex was passed in order to extend the  L. Licinius Murena and Junius Silanus, B. c. 62,
same advantages to the provinces. There are some  enforced the Caecilia Didia, in connection with
reasons for supposing that there were two leges, a  which it is sometimes mentioned. (Cic. pro Sestio,
Julia and a Titia; and among those reasons, is the  64, Phil. v. 3, ad Aft. ii. 9, iv. 16, in Vatin.
circumstance that it is not usual to unite by the  14.)
word et the two names which belong to one lex,    LICI'NIA  MU'CIA   DE  CIVIBUS  REthough this is done by Cicero (Brut. c. 16, Pro  GUNDIS (probably REDIGUNDIS), passed in the
B/albo, c. 21) in speaking of the Lex Licinia and  consulship of L. Licinns Crassus the orator, and
Mulcia.                                          Q. Mucius Scaevola Pontifex Maximus, B. c. 95,
DE VI PUBLICA ET PRIVATA.  [VIS.]              which enacted a strict examination as to the title
VICESIrMeARIA.  [VICESIrA.]                  to citizenship, and deprived of the exercise of
JU'NIA  DE PEREGRI'NIS  proposed B. c. civic rights all those who could not make out a
126 by  M. Junius Pennus a tribune, banished  good title to them.  This measure partly led to
peregrini from the city.                         the 5IMarsic war.  (Cic. (le 0Q7 iii. 11, Brut. 16,
A lex of C. Fannius, consul n. c. 122, contained  pro Balb. 21, 24, pao Sest. 13; Ascon. in C(orel.
the same provisions respecting the Latini and  p. 67.)
Italici, for we must assume that there was a Lex    LICI/NIA  SUiMTUA'RIA.  [SUMTUARIAE
(Plut. C. Gracchuls, 12): and a lex of C. Papius, LEGES.]
perhaps B. c. 65, contained the same respecting all    LICI'NIA.   In the year B. c. 375 C. Licinius
persons who were not domiciled in Italy. (Cic. De Stolo and L. Sextius being elected two of the
Q/7. iii. 11, Braut. 26, 28, de Leg. Agr. i. 4-; Tribuni Plebis, promulgated various Rogationes,
Festus, s. v. Respuhblicas; Meyer, Os-at. Ron?. the object of which was to weaken the power of
Firagm. p. 229, 2nd ed.)                         the Patricians and for the benefit of the Plebs.
JU'NIA  LICI'NIA.  [LICINIA JUNIA.]            One Rogatio related to the debts, with which the
JU'NIA  NORBA'NA  of uncertain date, but Plebs was incumbered (Liv. vi. 34): and it proprobably about A. D. 19, enacted that when a Ro- vided that all the money which had been paid as
rman citizen had manumitted a slave without the  interest should be deducted from  the principal
requisite formalities, the manumission should not in  sum, and the remainder should be: paid in three
all cases be ineffectual, but the manumitted person  years by equal payments.  The Second related
should have the status of a Latinus. (Gains, i. 16, to the Ager Publicus, and enacted that no person
17, 22, &c., iii. 56; Ulp. Frapg. i. xx. 8, xxii. 3.) should occupy (possideret) more than 500 jugera.
[L..TINITAS; LIBERTUS; MANUMISSIO.]              The Third was to the effect that no more Tribuni
A special clause in the Lex took away from  militum should be elected, but that consuls should
these Latini Juniani, as they were called, the be elected and one of them should be a Plebeian.
capacity of making a testament, taking under a  The Patricians prevented these Rogationes from
testament, and being appointed tutores by a testa- being carried by inducing the other tribunes to
ment.  Yet they had the other parts of the testa- oppose their intercessio.   C. Licinius Stolo and
menti factio (Ulp. Frag. xx. 8). The condition of L. Sextius retaliated in the same way, and would
jhe Latini Juniani is the subject of an essay by  not allow any comitia to be held except those for
C. A. von Vangerow, Marburg, 1833; see also the  the election of Aediles and Tribuni Plebis. They
remarks of Puchta, Inst. ii. ~ 213, on the date of were also  re-elected Tribuni Plebis, and they
the Lex Junia; and also ~~ 217, 218.             persevered for five years in preventing the election
DE LiBERTINORUMA  SUFFRAGIIS.  [CLODIA; of any Curule Magistratus.
MANUMISSIO.]                                       In the year 368, the two tribunes were still
JU'NIA PETRO'NIA or PATRO'NIA(Dig. elected, for the eighth time, and they felt their
40. tit. 1. s. 24).  It is doubtful whether this is power increasing with the diminution of the opthe same as PETRONIA, or is another Lex.         position of their colleagues, and by having the aid
JU'NIA REPETUNDA'RUM. [REPE;TUN- of one of the Tribuni Mlilitum, M. Fabius, the
DA.-]                                            father-in-law of C. Licinius Stolo.  After violent
JU'NIA  VELLE'IA, allowed a child who  agitation, a new Rogation was promulgated to the
Y  3




694            LEX  LICINIA.                                       LEX  MANLIA.
effect that instead of Duumviri sacris faciundis, discussion.  See the Classical Museum, No. V.
Decemviri should be elected, and that half of them   on the Licinian Rogation De Mfodo Agri; No.VI.,
should be Plebeians.  In the year B. c. 366, when  Ueber die Slelle des Vc-rro, &c., De Re Rust. i. 2.
Licinius and Sextius had been elected Tribuni for  ~ 9; and No. VII., Remarks on Professor Long's
the tenth time, the law was passed as to the De-  Paper on the Licinian Law De Mlodo Agri, by
cemviri, and five plebeians and five patricians were  Professor Puchta; and on the passage in Appian's
elected, a measure which prepared the way for the  Civil Wars, i. 8, which relates to the Licinian
plebeians participating in the honours of the con-  Law by Professor Long.
sulship.  The Rogationes of Licinius were finally    LICI'NIA DE CREANDIS TRIU'MVIRIS
carried, and in the year B. C. 365 L. Sextius was  EPULO'NIBUS  (Liv. xxxiii. 42; Orellii 02eoelected consul, being the first Plebeian who at- mnasticos).
tained that dignity.   The Patricians were com-    LI/VIAE were various enactments proposed by
pensated for their loss of the exclusive right to the  the Tribune M. Livius Drusus,. c. 91, for estaconsulship by the creation of the office of ~urule  blishing colonies in Italy and Sicily, distributing
Aedile and of Praetor.                            corn among the poor citizens at a low rate, and
The law as to the settlement between debtor admitting the foederatae civitates to the Roman
and creditor was, if Livy's text is to be literally  civitas.  He is also said to have been the mover
understood, an invasion of the established rights  of a law for adulterating silver by mixing with it
of property.  Niebuhr's explanation of this law is  an eighth part of brass. (Plin. 1I. N. xxxiii. 3.)
contained in his third volume, pp. 23, &c.        Drusus was assassinated, and the Senate declared
Besides the limitation fixed by the second Lex  that all his Leges were passed contra auspicia, and
to the number of jugera which an individual might were therefore not Leges. (Cic. Leg. ii. 6, 12, )'pro
possess in the public land, it declared that no in- Dos?o, 16; Liv. lp. 71; Appian, Bell. Civ. i. 35;
dividual should have above 100 large and 500  Ascon. in Cic. Cornel. p. 62.)
smaller animals on the public pastures.  Licinius    LUTA/TIA  DE VI.  [VIs.]
was the first who fell under the penalties of his    MAE'NIA  LEX  is only mentioned by Cicero
own law.   The statement is that "he, together  (Brutus, 14), who says that M'. Curius compelled
with his son, possessed a thousand jugera of the  the Patres " ante auctores fieri " in the case of the
ager (publicus), and by emancipating his son had  election of a plebeian consul, "which," adds Cicero,
acted in fraud of the law."  (Liv. vii. 16.)  From   " was a great thing to accomplish, as the Lex
this story it appears that the Plebeians could now   Maenia was not yet passed."  The Lex therefore
possess the public land, a right which they may  required the Patres to give their consent at least
have acquired by the Law of Licinius, but there  to the election of a magistratus, or in other words
is no evidence on this matter.   The story is told  to confer or agree to confer the Imperium  on the
also by Columnella (i. 3), Pliny (Ifist. ANat. xviii.  person whom the conlitia should elect.  Livy (i.
3), and Valerilus Maximus (viii. 6. ~ 3).  The  17) appears to refer to this law.  It was probably
last writer not understanding what he was record-  proposed by the Tribune Maellius, n. c. 287. [Ancing, says that in order to conceal his violation of  TORITAS.]
the law, Licinius eancscipated part of the land to    DE MAGISTRIS AQUARUM.  (llaubold,
his son.  The facts as stated by Livy are not put Spangenberg, lio0. Leg. p. 177.)
in the clearest light.  The son when emancipated    MAJESTA"TIS.  [MIAJESTAS.]
would be as much intitled to possess 500 jugera as    MAMI'LIA  DE  COLO'NIIS.  The snlbject
the father, and if he bona fide possessed that of this lex and its date are fully discussed by IRuquantity of the Ager publicus, there was no fraud  dorff (Zeitscltrift, vol. ix.), who shows that the Ilex
on the law.  From  the expression of Plinly (susb1-  Mamilia, Roscia, Peducaea, Alliena, Fabia is the
situctafilii personza) the fraud appears to have con- same as the " Lex Agraria quam  Gaisns Caesar
sisted in the emancipation of the son being effected  tulit" (D:g. 47. tit. 21. s. 3), and that this Gaius
solely that he might in his own name possess 500  Caesar is the Emperor Caligula.
jugera while his father had the actual enjoyment.    MIAMI;LIA  DE JUGURTHAE  FAUTO'But the details of this Lex are too imperfectly  RIBUS.  (Sal. Jug. c. 40; Orellii Onosmasticonz.)
known to enable us to give more than a probable    MAMI'LIA  FI'NIUM  REGUNDO'RUM,
solution of the matter.  As the object of the Lex  enacted in B. C. 239, or according to another supwas to diminish the possessiones of the patricians, position, in B. c. 16.5, fixed at five or six feet the
it may be assumed that the surplus land thus  width of the boundary spaces which were not sub.arising was distributed (assiynzatus) amongn   the  ject to Usucapio.  (Rudorff, Zeitsclirft, vol. x.
plebeians, who otherwise would have gained no- p. 342, &c.)
thing by the change; and such a distribution of    MANI'LIA, proposed by the tribune C. Maniland is stated to have been part of the Lex of lius B.C. 66, was a privilegium by which was conLicinius by Varro (de Re Ruzst. i. 2) and Colu-  ferred on Pompey the command in the war against
mella (i. 3).                                      Mithridates.  The lex was supported by Cicero
According to Livy  (vi. 42) the Rogatio de  when praetor. (De Leye Mlanilia; Plut. Pomp. 30;
Decemviris sacrorumn was carried first, a. c. 366.  Dion Cass. xxxvi. 25.)
The three other rogationes were included in one    The Leges Manilianae, mentioned by Cicero (De
Lex, which was a Lex Satura.  (Liv. vii. 39;  Or. i. 518), were evidently not Leges Proper, but
Dion Cass. Frag. 33.)                              probably forms which it was prudent for parties to
Besides the passages referred to, the reader may  observe in buying and selling.
see Niebuhr, vol. iii. pp. 1-36, for his view of the    MANI'LIA  DE  LIBERTINO'RUM  SUFLicinian Rogations; and Goettling, Geschiclte der  FRA'GIIS (Dion Cass. xxxvi. 25; Ascon. in CorRMm. Staatsve:efassung, p. 354, and the note on  nel. pp. 64, 65), is apparently the same as the
the passage of Varro (de Re Rust. i. 2).  The  Manlia De Lib. Surff.
Liciuian Rogations have been the subject of much     MA'NLIA, (alsb called LICI'NIA, B.C. 196,




LEX  PAPIRIA.                                   LEX PLAUTIA.                 695
created the trumviri epulones.  (Liv. xxxiii. 42; clalis (Plin. 11. NV  xxxiii. 3), one of the various
Cic. de Or. iii. 1.9.) [LICINIA.]               enactments which tampered with the coinage.
MA'NLIA  DE LIBERTINOtRUM   SUF-    PAPI'RIA, B.C. 332, proposed by the Praetor
FRA'GIIS' (B. C. 58; Ascon. in Mil. p. 46.)     Papirius, gave the Acerrani the civitas without-the
MIAtNLIA  DE  VICE'SIMA  MANUMIS-  suffragium.  It was properly a Privilegium, but is
SO'RUM.  [MANUMISS10.]                          useful as illustrating the history of the extension of
MA'RCIA  probably about the year B.C. 352  the Civitas Romana. (Liv. viii. 17.)
C"'adversus feneratores."  (Gaius, iv. 23; Liv. vii.    PAPI'RIA, of uncertain date, enacted that no
21.)                                            aedes should be declared consecratae without a
MA'RCIA DE LIGU'RIBUS. (Liv. xlii. 22.)  Plebiscitum (isjztssu Plebis, Cic. pro Dom. 49).
MA'RCIA  an agrarian law proposed by the    PAPI'RIA  PLAU'TIA, a Plebiscituen of the
tribune L. Marcius Philippus, B.c. 104.  (Cic. de year B.c. 89, proposed by the tribunes C. Papirius
(?/7: ii. 21.)                                  Carbo and M. Plautius Silvanmls, in the consulship
MA'RIA  proposed by Marius when tribune  of Cn. Pompeius Strabo and L. Porcius Cato, is
B. c. 119, for narrowing the pontes at elections. called by Cicero (pro Archia, 4) a lex of Silvanus
(Cic. de Leiq. iii. 17; Plut. [Mar. 4.)         and Carbo.  (See CIVITAS; FOEDBRATAE CIVIMEIMMIA or RE'MMIA.  [CALUMNIA.]    TATES; and Savigny, J7olksschluss der Tafel von
ME'NSIA.  This lex enacted that if a woman Nheraclea, Zeitschr1i-i, ix.)
who was a Roman citizen (civis Ronmana) married    PAPI'RIA  POETE'LIA.  [POETELIA.]
a peregrinus, the offspring was a peregrinus.  If    PAPI'IIA  DE  SACRAMENTO   (Festus,
there was connubiumn between the peregrinus and  s. v. Sacraesentum), proposed by L. Papirius, Trithe woman, the children, according to the principle  buns Plebis, probably enacted that in the case of
of connubium, were peregrini, as the legal effect of the Legis actio sacramento, the money should not
connubium was that children followed the condition  be actually deposited, but security should be given
of their father (liberi seiper patrten  sequzntulr). for it. (Pacllta, ITzst. ii. 161, note 101.)
If there were no connubium,   the children, ac-    PAPI'RIA TABELLA'RIA. [TABELLARIAR
cording to another rule of law, by which they fol- LEGES.]
lowed the condition of the motber, would have    PE'DIA, related to the murderers of the Dic,
been Roman citizens; and it was the object of the  tator Caesar.  (Vell. Pat. ii. 69.)
lex to prevent this. (Gaius, i. 78; Ulp. Fro1g. v. 8.)    PEDUCAEA, B.c. 113, a Plebiscitum, seems
ME'SSIA.  (Cic. ad Alt. iv. 1.)              to have been merely a Privilegium and not a geMETI'LIA.  (Liv. xxii. 25; Pint. Fabius, neral law agnainst Incestum. (Cic. de Nat. Deor.
c. 9.)                                          iii. 30; Ascon. in Cic. Mlil. p. 46.)
MINU'CIA, B.C. 216, created the triumviri    PESULA'NIA provided that if an animal did
mensarii. (Liv. xxiii. 21.)                     any danage, the owner should make it good or
NERVAE AGRA'RPIA  (Dig. 47. tit. 21. s. 3. give up the animal. (Paul. S. R. 1. tit. 15. s. 1. 3.)
~ 1), the latest known instance of a Lex.       There was a general provision to this effect in the
OCTA'VIA.  [FP.UMENTARIAE LEGEs.]             Twelve Tables (Dirksen, Uehersicht, &c p. 532,
OGU'LNIA, proposed by the tribunes B. c. 300, &c.), and it might be inferred from Paulus that
increased the number of Pontifices to eight and  this Lex extended the provisions of the old law
that of the augurs to nine; it also enacted that to dogs. The name of the lex may be uncertain.
four of the Pontifices and five of the augurs should  See the note in Arndt's edition of Paulus.
be taken from the plebes. (Liv. x. 6-9.)          PETI'LLIA  DE PECU'NIA  REGIS ANO'PPIA.  [SuMTUARIsE LEGES.]                  TIOCHI.  (Liv. xxxviii. 54.)
O'RCHIA.  [SUMITUARIAAE LEGES.]                 PETRE'IA, a Lex under this title, de decimaOVI'NIA, of uncertain date, was a plebiscitum  tione militum, in case of mutiny, is mentioned by
which gave the censors certain powers in regu- Appian (de Bell. Civ. ii. 47), according to the old
lating the lists of the senators (ordo senatoriss): editions.  But the true reading is n7raplt v'(lqs.
the main object seems to have been to exclude all    PETRO'NIA, probably passed in the time of
improper persons from the senate, and to prevent Augustus, and subsequently amended by various
their admission, if in other respects qualified. senatusconsulta, forbade a master to deliver up lis
(Festus, s. v. Praeteriti Senatores; Cic. de Leg. iii. slave to fight with wild beasts.  If, however, the
12.)  The Lex Ovinia of Gains (iv. 109), if the  master thought that his slave deserved such a
reading is right, was a different lex.          punishment, he might take him before the authlo.
PA'PIA  DE  PEREGRI'NIS.  [JUNIA  DE  rities (judex) who might condemn him to fight if
PEREsRINIS.]                                    he appeared to deserve it. (Dig. 48. tit. 8. s. 1 ].
PA'PIA  POPPAEA.  [JULIAE.]                   18. tit. 1. s. 42; Gell. v. 14; Puchta, Inst. i. ~ 107,
A  Lex Papia on the manner of choosing the  note 101; Savigny, Zeitsclzrift, ix. p. 374, on the
Vestal Virgins is mentioned by Gellius (i. 12); but inscription found on a wall of the amphitheatre of
the reading appears to be doubtful, and perhaps it Pompeii.)
ought to be called Lex Popilia.                    PINA'RIA (Gaius, iv. 15) related to the giving
PAPI'RIA, or JU'LIA   PAPI'RIA   DE  of a Judex within a limited time.  (See Puclhta,
MULCTA'RUM AESTIMATIO'NE (n. c. 430) Inst. i. ~ 53.)
fixed a money value according to which fines were    PINA'RIA.  [ANNALES LEGES.]
paid, which formerly were paid in sheep and cattle.    PLAETO'RIA.  [CURATOR.]
(Liv. iv. 30; Cic. de Rep. ii. 35.) Gellius (xi. 1)    PLAETO'RIA   DE  PRAETO'RE   Ul.and Festus (s. v. Pecsdelats) make this valuation  BA'NO. (Varro, de Lizg. Lat. vi. 5; Censorinus,
part of the Aternian law [ATERNIA TARPEIA], de Die  atcali, c. 24.)
but in this they appear to have been mistaken    PLAU'TIA or PLO'TIA DE VI. [VIS.]
according to Niebuhr. (Hist. of Rome, ii. p. 300.)  PLAU'TIA  or PLO!TIA JUDICIA'RIA  is
PAPIRIA, by which the as was made semun- mentioned by Asconius (in Cic. Cornel. p. 79) as
Y    4




696           LEX  PUI     LIL1A.                            LEGES PUBLIIAE.
having enacted that fifteen persons should be an-  been provided by the Lex.  In B. c. 457 (Liv. iii.
nually elected by each tribe out of its own body  30) ten tribunes, two from each class, were elected
to be placed in the Album Judicum.               for the first time; but it is not said under what
PLAU'TIA or PLO'TIA DE RE'DITU  LE-  legislative provision.  Dionysius (Antiq. Rom. ix.
PIDANO'RUM. (Sueton.hCaes. 5; Gellius,xiii. 3.)  43) gives a more complete account of this Lex.
PLAU'TIA  PAPI'RIA.  [PAPIRIA  PLAU- After Publilius failed in his first attempt to carry
TIA.]                                            his Rogatio, he added a new chapter, which gave
POETE'LIA, B.c. 358, a Plebiseitum, was the  the election of the aediles (plebeian) to the Comitir
first Lex against Ambitus. (Liv. vii. 15.)       Tributa, and enabled the Tributa to deliberate and
POETE'LIA  PAPI/RIA, B.c. 326, made an  decide upon any nmatter which could be deliberated
important change in the liabilities of the Nexi. and decided upon in the Comitia Centuriata.  From
(Liv. viii. 28.)  [NExi.]                        the time of the enactment of this Lex, sayts DioPOMPEIAE.  There were various Leges so  nysius (ix. 49) "up to my time, the election of
called.                                          tribunes and aediles was made without birds (au1PoMIPEIA, proposed by Cn. Pompeius Strabo, gural ceremonies), and all the rest of the religious
the father of Cn. Pompeius Magnus, probably in his  forms in the Comitia Tributa."  Dionysius says
consulship B.c. 89, gave the Jus Latii or Latinitas  nothing here of the other matter which the addito all the towns of the Transpadanli, and probably  tional chapter contained (ix. 43).
the Civitas to the Cispadani. (Savigny, Iolksscldhsss    PUBLI'LIAE  LEGES of the Dictator Q.
der Tafel von lHeraclea, Zeitschrift, ix.)       Publilius Philo, which he proposed and carried B. c.
_ —_ -- DE AMBITU. [AMBITUS.]                  339 (Liv. viii. 12).  The purport of these Leges
-. —  DE ICMPERIO CAESARI PROROGANDO. is thus expressed by Livy: "tres leges secundis(Vell. Pat. ii. 46; Appian, B. C. ii. 18.)      simas plebei, adversas nobilitati tulit: unam nit
-         JUDICIARIA.  [JunEx.]                plebiscita oinnes Quirites tenerent: alteram, sit
---— DER JURE MAGISTRATUUM  (Sueton. legum  quae comitiis centuriatis ferrentur, ante
Caes. 28; Dion Cass. xl. 56; Cic. ad Att. viii. initum suffragiumn Patres auctores fierent: tertiaml
3) forbade a person to be a candidate for public  ut alter utique ex plebe, quum eo ventum sit ut
offices (petitio honoraumn) who was not at Rome; but utrumque plebeium  consulem  fieri liceret, censor
C. Julius Caesar was excepted.  This was doubt- crearetur."  The provision of the first lex seems to
less the old law, but it had apparently become ob- be the same as that of the Lex HIortensia, B. c.
solete.                                          286 "c ut plebiscita universum populuml tenerent "
DE  PARRICIDIIS.  [CORNELIA  DP  (Gains, i. 3).  Some critics suppose that the first
SICARIIS.]                                       Lex enacted that a Plebiscitum should be a Lex
--'1RIBUNITIA  (B. C. 70) restored the  without being confirmed by the Comitia Centuriata,
old Tribunitia Potestas which Sulla had nearly  but that it would still require the confirmation of
destroyed.  (Sueton. Caes. 5; Vell. Pat. ii. 30; the Senate, or, as some suppose, of the Colnitia
Cic. de Leg. iii. 9, 11, in, Verr. Act. i. 15; Liv. Culriata.  The Lex Iortensia, it is further supFpit. 97.)  [TRIBUNI.]                           posed, did away with the confirmation of the
-      DE VI was a Privilegium, and only  Curiae, or, as somie suppose, of the Senate.  But
referred to the case of Milo.  (Cic. IMi. ii. 9; the expression " omnces Quirites " of Livy clearly
Ascon. and Schol. Bob. in AsgpioZ. Mlilon.)      has some reference, and, according to correct inPOPI'LIA.  [PAPIA.]                           terpretation, must be taken to have some reference,
PO'RCIAE DE CA'PITE  CIVIUMI  or DE  to the extent of the effect of a Plebiscitum.  There
PROVOCATIO'NE enacted that a Roman citizen  is no difficulty in giving a consistent meaning to
should not be scourged or put to death. (Liv. x. 9; Livy's words.  The first Lex enacted that PlehisCic. dle Rep. ii. 31, pro Rabir. 3, 4; Sall. Catil. 51.) cita should bind all the Quirites; which means
PO'RCIA  iDE  PROVI'NCIIS  (about B. c. nothing else than that a Plebiscitum  should have
198).  The passage in Livy (xxxii. 27. "Sumtus the effect of a Lex passed at the Comitia Centuquos in cultumn praetorumn," &c.) is supposed to riata.  It is not here said whether the Comitia
refer to a Porcia Lex, to which the Plebiscitum de Tributa could legislate on all matters on which the
Thermensibus refers; and the words quoted by  Conitia Centuriata could [PUBLILIA LEX]; and
Cicero ( Verr. ii. 4, 5. "Ne quis emat maucipium") nothing is said as to the dispensing with any form
are taken, as it is conjectured, fromn this Porcia for the confirming of a Lex passed at these CoLex.                                            nmitia.  And that Livy did not suppose that the'PUBLI'CIA permitted betting at certain games first Lex contained any regulations as to matter
-vwhich required strength, as running and leaping. of form, is made clear by what he says of the
(Dig. 11. tit. 5.)                               second Lex, which did regulate the form of lePUBLI'LIA DE SPONSO'RIBUS. [INTER- gislation.  This is the clear meaning of Livy's
CESSIO.]                                        vwords: it may not be the true import of the first
PUBLI'LIA  LEX was proposed by Publilius  Lex; but it is somewhat difficult to prove any
Volro, a tribunus plebis, and enacted B. C. 471. thing about a matter beyond what the evidence
The terms of the Rogatio were "ut plebeii magis- shows.  [PLEBuSCITUM.]
tratus tributis conitiis fierent " (Liv. ii. 56). The    The simplest meaning of the second Lex, neobject ofthe Lex was to take these elections fisom  cording to the words, is, that no Rogatio should be
the Comitia Centuriatal, in which the patricians proposed at the Comitia Centuriata, until the
could determine the result of the elections by the Patres had approved of it, and had given it their
votes of their clients.  The Rogatio became a Lex auctoritas.  If we knew who were meant by the
after much opposition, the history of which is Patres, the meaning of the Lex would be tolerably
given in Livy. According to some authorities, the clear.  It is now generally supposed that Livy
number of tribunes was also increased from two to means the Comitia Curiata, and that their veto
five (Liv. ii. 58); and this must therefore have on the measures of the Comitia Centuriata -was




LEX REGIA.                                      LEX RUBRIA.                  697
taken away.  If Patres means the Senate, then  ment of the Lex De Imperio Vespasiani is still
the purport of the Lex  is this, that no inca- preserved at Rome. (Haubold, Spangenberg, AlIosure must be proposed at the Centuriata Comitia, num. Legal. p. 2'21.)  It is sometimes incorrectly
without a SCtum first authorising it. (Comp. Liv. called a Senatusconsultum, but on the fragment
xlv. 21.)                                        itself it is called a Lex. It is true that a SenatusThe meaning of the third Lex is plain enough. consultumn preceded the Lex, and the enactment
Putchta shows or tries to show that the first Lex  of the Lex was a mere form. This Lex empowers
Publilia simply rendered unnecessary the con- Vespasian to make treaties, to originate Senatusfirmgtion of a Plebiscitum  by the Comitia Centu- consulta, to propose persons to the people and the
riata; and therefore there remained only the con- Senate to be elected to magistracies, to extend the
firmation of the Senate.  Accordingly, the effect Pomoerium, to make constitutions or edicts which
of the first Lex was to make the Comitia Tributa  should have the force of law, and to be released
cease to have merely the initiative in legislation; from the same laws from which Augustus, Tibehenceforth, Plebiscita did not require the confirm- rius, and Claudius were released; and all that he
ation of a Lex Centuriata, but only that of the  had done before the enactment of this lex (ante
Senate; and we may, probably, from this time date  legem rogatam) was to have the same effect as if
the use of the expression: "Lex sive id Plebiscitum  it had been done by the command of the people.
est."                                              This Lex de Imperio Principis is several times
I-e considers the second Lex to have simply  named Lex Regia in the Corpus Juris (Inst. 1.
declared the old practice, that the Comitia Centu- tit. 2. s. 6.; Dig. 1. tit. 4. s. 1.; Cod. 1. tit. 17.
riata should pass no Rogation without the authority  187).  There is no evidence that the Lex de Imof a previous Senatusconsultum.  The two Leges perio Principis was ever called Lex Regia under
then had this relation to one another: the first the early emperors.  Under the later emperors
Lex provided, that a Lex passed at the Comitia  there is nothing surprising in the name Regia
Tributa, which before this time was confirmed by  being adopted as a common expression.  When
at Senatusconsultum, and finally ratified by the  the emperor was called Dominus, a title which was
Comitia Centuriata, should not require the ratifi- given even to Trajan, the Lex de Imperio might
cation of the Comitia Centuriata; the second Lex  well be called Regia.  To deny the existence of
declared that the old practice as to the Comitia  a Lex de Imperio  would show a very imperfect
Centuriata should be maintained, that the Leges  knowledge of the history and constitutionof Rome,
passed there should have the previous authorisa- and a want of critical judgment. (Puclta, Inst. 1.
tioni (atictoritas) of the Senate.               ~ 88.)
On the subject of these Leges, see Zachariae    RE'GIAE.  [Jrus CIVILE PAPIRIANvoI.],Slla, i. p. 26, note; Puchta, Inst. i. ~ 59; and    RE'MMIA. [CArUMNINA.]
Niebuhr, vol. iii. p. 147, &c. Engl. Tr.: and see    REPETUNDA'RUM.  [REPETUNDAE.]
VAtLERIAE LEGES.                                   RHO'DIA.  The Rhodians had a maritime
Pi'/PIA, mentioned by Cicero (ad Quint. ii. code which was highly esteemed.  Some of its
13, ad PFao. i. 4) seems to have enacted that the  provisions were adopted by the Romans, and have
senate could not meet on Comitiales Dies.       thus been incorporated into the maritime law of
QUI'NTIA was a lex proposed by T. Quintius  European states. Strabo (p. 652. Casaub.) speaks
Crispinus, consul B. c. 9, and enacted by the Populuas  of the wise laws of Rhodes and their admirable
for the preservation of the Aquaeductus. The Lex  policy, especially in naval matters; and Cicero
is preserved by Frontinus (de Aqtzaeduct Roman.). (pro Leg. iltanil. c. 18) to the same effect.  The
RE'GIA,' properly  LEX   DE  IMPE'RIO   Digest (14. tit. 2) contains so much of the Lex
PI/'NCIPIS.  The nature of the Imperium and  Rhodiorum  as relates to jactus or the throwing
the mode of conferring it have been explained  overboard of goods in order to save the vessel or
under IMpERaiuMr. Augustus, by virtue of uniting  remainder of the cargo. This Lex Rhodiorum  do
in his own person the Imnperium, the Tribunitia  Jactu, is not a Lex in the proper sense of the term.
Potestas, the Censorian power, and the office of    RO/SCIA  THEATRA'LIS, proposed by the
Pontitfex, was in fact many magistrates in one; tribune L. Roscius Otho, B.C. 67, which gave tile
and his title was Princeps.  These various powers  Equites a special place at the public spectacles in
were conferred on the earliest Principes (em- fourteen rows or seats (in quatuordecit  gradibls
perors) by various leges; but finally the whole  sive ordinibus) next to the place of the senators,
of this combined authority was conferred by a  which was in the orchestra. This Lex also assigned
Lex Imperii or Lex de Imperio.  (Dion Cassius, a certain place to spendthrifts (decoctores, Cic.
liii. 18; his remarks on the power of Augustus, Phil. ii. 18).  The phrase " sedere in quatuorand the notes of Reimarus.)  By this Lex the Im- decim  ordinibus," is equivalent to having the
perial authority, as we may call it, was conferred  proper Census Equestris which was required by
on the Princeps (cum  ipse Imperator per legem  the Lex. There are numerous allusions to this Lex
Ilmperium  accipiat, Gaius, i. 5), and legislative  (Dion. xxxvi. 25; Vell. Pat. ii. 32; Liv. Epit. 99;
power.  By this Lex the Princeps was also made  Cic. pro Murena, 19), which is sometimes simply
"' solutus legibus," that is, many restrictive enact- called the Lex of Otho (Juv. xiv. 324), or referred
ments were declared not to apply to him, either to by his name. (Hor. Eptod. iv. 16.)  This law
in his private or his magisterial capacity (Dion  caused some popular disturbance in the consulship
Cass. liii. 18, 28): for instance, Caligula was re- of Cicero, n. c. 63, which he checked by a speech.
leased by a Senatusconsultum, which was pro- (Cic. ad Alt. ii. I; Plut. Cice. c. 13.)  [Juvi1a
bably followed by a Lex as a matter of form, THEATRALIS.]
from the Lex Julia et Papia. (Dion Cass. lix. 15;    RU'BRIA.  The province of Gallia Cisalpina
compare Ulpian, Dig. 1. tit. 3. s. 31.) This Lex  ceased to be a Provincia, and became a part of
De Imperio was preceded by a Senatusconsultum. Italia about the year B.c. 43.  When this change
(Tacit. [list. i. 47, iv. 3, 6.) A considerable frag-  took place, it was necessary to provide for the




698            LEX S ATURtA                                   LEGES SEMPRONIAE.
aiministtation of justice, as the usual modes of    SCANT'NIA, proposed bya tribune: the date
provincial administration would cease with the de-  and contents are not known, but its object was to
termination of the provincial form of government. suppress unnatural crimes.  It existed in the time
This was effected by a Lex, the name of which is  of Cicero. (Auson. Epxig. 89; Juv. ii. 44; Cic. ad
unknown, but a large part of it, on a bronze tab-  Fans. viii. 12, 14.)  The Lex Julia de Adulteriis
let, is preserved in the Museum at Parma.  This  considered this offence as included in Stuprunm
Lex arranged the judiciary estab'ishment of the  and it was punishable with a fine; but by the later
former provincia, and appointed II. viri and Iv. Imperial constitutions the punishment was death.
viri juri dicundo: a Praefectus Mutinensis is also  (Sueton. Dom. 8; Paulus, S. R. ii. tit. 26. s..13.)
mentioned in the lex.  In two passages of this    SCRIBO'NIA. The date and whole import of
Lex (c. xx. 1. 29. 38) a Lex Rubria is mentioned, this Lex are not known; but it enacted that a
which, according to some, is an earlier lex by which  right to servitutes should not be acquired by usuiMutina was made a Praefectura; and according to  capion (Dig. 41. tit. 3. s. 4. ~ 29), from  which it
others, the Lex Rubria is this very Lex de Gallia  appears that the ladw was once different as to cerCisalpina. This subject is discussed by Savigny  tain servitudes at least: and these appear to be
(Zeitsclrifit, ix.) and by Puchta (Zeitschrsifi, x. Ueber  the servitutes praediorun  urbanorum. which, acden Inhalt der Lex RubriC dCe GCllia Cisalpina).    cording to this Lex, could not be acquired by usnThis Lex has been published several times; the  capion. In the case of servitutes praediorumn rustilatest edition is " Tavola legislative della Gallia  corumn, and of personal servitudes, the impossibility
Cisalpina ritrovata in Veleia et restituita alla sun  of usucapion arose out of the nature of the thing.
vera, lezione doa D. Pietro de Lama, Parma 1820."  A " libertas servitutium " could be gained by usnWe only possess the end of the nineteenth chapter  capion or rather disuse, for the Lex only applied
of this Lex, which treats of the Novi Operis  to that usucapion which established a servitus
Nuntiatio; the twentieth chapter on the Damnum   (serevitulten constiltebat) and not to that so-called
Infectum  is complete: the twenty-first treats of usucapion which took  away the right (susStlit
Pecunia Certa Credita, but only of Execution; servitutem). It is perhaps doubtful if the passage
the twenty-second treats in like manner of similar  of Cicero (pro Caecin. 26) should be alleged in
actions; there is only the beginning of the twenty-  proof of this usucapion formerly existing.
third, which treats of the division of an hereditas    SCRIBONIA  VIARIA or DE  VIIS MUNIEN])IS,
(qvei de fam7ili  eerceisceunda deividundac ivdicivm  proposed by C. Scribonius Curio, tr. pleb. B. c. 51.
sibei darei reddeive, &c. postulaverint, &c.).  The  (Orellii Onomasticon.)
matter of this lex therefore, so far as we know it,    SEMPRO'NIAE LEGES, were ieges proposed
purely concerns procedure, as Puchta remarks.      by Tiberius and C. Gracchus respectively, while
RUPI'LIAE  (B.c. 131), were the regulations  they were tribuni plebis.
established by P. Rupilius, and ten legati, for the    AGRARIA of Tib. Gracchus was proposed by him
administration of the province of Sicily, after the  during his tribunate B. c. 133.  The nature of this
close of the first servile war.  They were made  measure is explained by Appian.  (Bell. Civ. i. 1 0,
in pursuance of a consultum of the senate.  Cicero  &c.)  It was an Agraria Lex, the object of which
(in Verr. ii. 13, 15, 16, 37) speaks of these re-  was the distribution of the Public Land among the
gulations as a Decretum  of Rupilius (quod is do, poorercitizens. [AGRnaxltIELEGES.] Tib.GraCChUs
ece leoqatorumos sentleotica statoit), which lie says  with the advice of P. Licinius Crassus, Pontifex
they call Lex Rupilia; but it was not a Lex  Maximus, P.Mucius Scaevola, afterwards Pontiproper.  The powers given to the commissioners fex Maximus, and Appius Claudius (Plut. Tib.
bsy the Lex Julia Munidipalis were of a similar  Graechlus, 9), proposed that no person should hold
kind. There was also a Lex Rupilia de Cooptando  more  of the Ager Publicus than  500 jugera
Senatu Heracleiotarumn  (In  Vpeor. ii. 50); and  (comp. LICINIAE LEGES), but that for every son
De IRe Frumentaria (Ix Teerr. iii. 40).            he might hold 250 more.  The poor who were to
SACRA'TAE, mentioned by Livy (ii. 54) and  be provided with land out of what remained after
by Cicero (de 0.: iii. 33).  Leges were properly  the large possessions were reduced, were not to
so called which had for their object to make a  have the power of alienating their own lots; and
thing or person sacer, as in Livy (ii. 8, (de sc-crndo  they were to pay the tenths.  The law was enacted
cunM bonis ccapite ejzs qui, &c.).   The consecratio  and the execution of it was intrusted to three perwas in fact the sanction by which a Lex was to be  sons (tres viri), who were Tiberius himself, Iis
enforced. (Liv. iii. 55.)  In the latter case it was  brother Cains, and Appius Claudius.  The executhe opinion of the jurisconsulti (juris inter-petes)  tion of the law was attended with great difficulty,
that the Lex did not make "sacrosancti " the  because the public land which had been held for
persons for whose protection it was designed, but many generations by private persons, had been
that it made " sacer" (sacrum, sainxit) any one  dealt with like private property, had often changed
who injured them; and this interpretation is cer- hands by sale, and had been improved and built
tainly consistent with the terms of the Lex. upon.  It was first proposed to indemnify the
(Festus, s. s.  Saccratae  leges.)   Compare Liv. ii. Possessors for all improvements, but it appears that
33; Dion Hial. Romn. Antiq. vi. 89; and the pas-  when they made opposition to the measure, this
sage referred to in Orellii Onozassticos.          proposal was withdrawn.
A Lex Sacrata Militaris is also mentioned by    Other measures were designed by Tiberius, but
Livy (vii. 41); but the sanction of the Lex is not his premature death stopped them.  The execution
stated.                                            of the Agraria Lex of Tiberius was impeded by a
SAE'NIA  DE PATRICIORaun   NUIERO An-  Senatusconsultum, which put an end to the comGENDO, enacted in the fifth consulship of An-  mission.  The Lex was revived by Caius Gracgustus.  (Tacit. Anne. xi. 25;  rono. As1Zcyr. Pilae  chus, trib. pl. in B. c. 123.  The senate ruined tile
prioris Tab. 2; see CASSIA.]                       cause of Gracchus by engaging the tribune RM.
SA'TURA.  [LEx, p. 683, a.]                     Livius Drusus to propose measures of a character




LEX  SILIA.                                      LEX  TIIORIA;.                69
exen more popular than those of Gracchus.  Ihe  Sillii tribuni plebis related to Publica Pondera.
legislation about the Roman Public Land requires  (Festus, Publica Pondera, where  the  Lex is
a history in itself.                               given; and the notes in the Delphin edition.)
DE CAPITE  CIVIUM, proposed by C. Gracchus    S1LVA'NI  ET  CARBO'NIS.   [PAPIRIA
X3. c. 123, enacted that the caput or condition of PLAUTIA.]
a Roman citizen could not be affected without a    SULPI'CIAE, proposed  by the tribune P.
trial and vote of the people. (Cic. pro Rabiln. c. 4;  Sulpicius Rufus, a supporter of Marius, B. c. 883,
and Cicero's disingenuous exposition, In Cat. iv. 5). enacted the recal of the exiles, the distribution of
Plutarch (C. ~,~acchus, 4) appears to allude to this  the new citizens and the libertini among the thirtyLex; but if he does, he has mistaken its purport. five tribes, that the command in the Mithridatic
FRItMENTARIA.  [FRUMENTARIAE LEGES.]   war should be taken from  Sulla and given to
JuDlcIARIA proposed by C. Gracchus, had for its  Marius, and that a Senator should not contract
object to deprive the senate of the power which  debt to the amount of more than 2000 denarii.
they derived from supplying the Judices in Judicia  (Plut. Sutl. 8.)  The last enactment miay have
Publica from their body (Plut. 0. Gracchuss, 5). been intended to expel persons from the senate
Plutarch's account of this Lex is probably incor- who should get in debt.  All these Leges were
rect.  Compare Appian (Bell. Civ. i. 22); and Ju-  repealed by Sulla.  (App. Bell. Civ. i. 55, 59;
sERx, p. 649, b.                                   Liv. Epit. 77; Vell. Pat. ii. 18.)
DE PROVINCIIS CONSULARIB-IUS proposed by C.    SULPI'CIA  SEMPRO'NIA, B. c. 304.  No
Gracchus, n. c. 123, enacted, that in every year, name is given to this Lex by Livy (ix. 4G6), but it
before the Comitia for electing the consuls, the  was probably proposed by the consuls. Itprevented
senate should determine the two provinces which  the dedicatio  of a templum  or altar without the
the consuls should have; and the consuls were to  consent of the senate or a majority of the tribunes.
settle between themselves by lot, or otherwise,  (Compare Gaius, ii. 5-7.)
which province each should have.  (Sallust, JuY.    SUMTUA'RIAE.  [SUaMTUARIAF LEGES.]
c. 27, and the note of Cortius; Cic. de Prov. Cons.    TABELLA'RIA    E.  [TABELLARIAE LEGES.]
c. 2.)                                               TARPE'IA  ATE'RNIA.   [ATERNIA TAdThere may have been other measures proposed  PEIA.]
and carried by C. Gracchus; but it is not easy to    TERENTItLIA, proposed by the tribune C.
distinguish between all that was proposed and  Terentilius, B. c. 462, but not carried, was a rocarried, and what was simply proposed.   The  gatio which had for its object an amendment of the
Lives of Tiberius and C. Gracchus by Plutarch, constitution, though in form  it only attempted a
translated with notes by G. Long, give some in- limitation of the Imnperium Consulare. (Liv. iii. 9,
formation on the legislation of the Gracchi, which  10, 31; Dionys. Romn. Asntiq. x. 1, &c.)  This
should be compared with Appian. (Bell. Civ. i. rogatio probably led to the subsequent legislation
10, &c.)                                           of the Decemviri.
SEMPRO'NIA   DE  FE'NORE,. c. 193,    TESTAMENTA'RIAE.  Various leges, such
was a Plebiscitum proposed by a tribune M. Sem-  as the Cornelia, Falcidia, Furia, and Voconia, repronius (Liv. xxxv. 7), which enacted that the law  gulated testamentary dispositions.
(juls) about money lent (pecuoniq credita) should    THO'RIA.  This Agraria Lex is the subject
be the same for the Socii and Latini (Socii ac of a very elaborate essay by Rudorff, " L)os
Arosme  Latinuonz) as for Roman citizens.   The  Ackergesetz  des  Spurius  Thorius, Zeitschrift,
object of the Lex was to prevent Romans fromn  vol. x."
lending money in the name of the Socii who were    This Lex was engraved on the back part of the
not bound by the Fenebres Leges.   The Lex  same bronze tablet which contained the Servilia
could obviously only apply within the jurisdiction  Lex which applied to the Judicia de Repetoundis.
of Rolle.                                          The tablet was broken at some unknown time,
SERVI'LIA   AGRARPIA, proposed by the  and the lower which was perhaps the larger part
tribune P. Servilius Rullus in the consulship of is now lost.  Seven fragments of the upper part
Cicero, B. c. 63, was a very extensive Agraria Ro-  were preserved, which as the tablet is written on
gatio. It was successfully opposed by Cicero (In  both sides, make  fourteen  inscriptions, whlicll
Ruldiou); but it was in substance carried by Julius were published by Fulvius Ursinus: the first five
Caesar n. c. 59 [JuLIA  LEX AGRARIA], and is of theinscriptions, as they are numbered by him,
the Lex called by Cicero Lex Campana (ad AMl. ii. belong to the Lex Thoria, and the seven last to
18), from the public land called Ager Campanus  the Lex Servilia.  The largest and most important
being assigned under this Lex.                     of the fragments are now in the Museo Borbonlico.
SERVI'LIA  GLAU'CIA  DE  REPETUN-  Their history is traced and their present condition
DIS.  [REPETUNDAE.]                                described by Rtudorff with great minuteness.'rTwo
SERVI'LIA   JUDICIAIRIA, proposed  by  of the fragments were copied by Sigonioos whecl
the consul Q. Servilius Caepio, B. C. 106.  See  they were in the Museum  of Cardinal Benlbo;
the article JUDEX, p. 649, b, and the various pas-  and the copy of the two fiagments of the Lex
sages in Cicero (Brut. 43, 44, 63, 86).  It is  Thoria, and also the copy of the two fragments of
assumed by some writers that a Lex of the tribune  the Lex Servilia, are printed in the work of SigoServilius Glaucia repealed the Servilia Judiciaria  nius, De A ntiquo Jur5e Popuolli Romaoz2mi Libr'i UA.
two years after its enactment.  (Cic. Brut. 62; decim, Bononiae, 1574.
Orellii Onosmasticon.)                               The title of this Lex does not appear from  the
SI'LIA.  (Gaious, iv. 19.)   The Legis Actio  mutilated inscription, but Rudorff shows that the
called Condictio was established by this Lex in  Lex belongs to the period between the consulship of
the case when the demand was a determinate sum   P. Cornelius Scipio Nasica and L. Calpurnius Pi'so
of money (ceota pecounica).                        Bestia, B. C. 111, and that of L. Julius Caesar,
SI'IIA, a plebiscitum proposed by P. and M.  B, c. 90, within which space of twenty-two years




700            LEX THORIA.                                      LEGES VALERIAE.
five Agrarian laws were enacted, Boria, Thoria,  are defaced.  The value of this attempt can only
Marcia, Apuleia, and Titia.  It further appears  be estimated by an investigation as complete as
from comparing two passages of Cicero (de Or. ii.  that of the author.
70; and Brutus, 36), in which he speaks of the      TI'TIA, similar in its provisions to the Lex
Lex Thoria, with the fragments of this Lex whose  Publicia.  (Dig. 11. tit. 5. s. 3.)
title is lost, that the fragments are those of the   TI'TIA  DE TUTO'RIBUS (see JULIA LEX
Lex Thoria.  Now the date of the Lex Thoria is  ET TITIA, and Gains i. 195).
fixed by Rudorff at the year of the city 643 or    TREBO'NIA, a plebiscitum  proposed by L.
B. C. 111, which is consequently the date of the  Trebonius, B. C. 448, which enacted that if the ten
Lex on the bronze tablet, thus identified with  tribunes were not chosen before the Comitia were
the Lex Thoria.  Proceeding on the assumption  dissolved, those who were elected should not fill
that the fragmentary Lex was the Plebiscitum,  up the number (co-optare), but that the Conmitia
called the Lex Thoria, Sigonius restored the be-  should be continued till the ten were elected. (Liv.
ginning of it according to the usual form of Roman  iii. 65, v. 10.)
Plebiscita: Sp. Thorivs... F. Tr. P1. Plebem ivre    TREBO'NIA  DE PROVI'NCIIS  CONSUrog. Plebesque ivre scivit Tribvs.... Principivm   LAIRIBUS. (Plut. Caut.lin. 43; Liv. ipit. 105;
fvit pro tribv Q. Fabivs. Q. F. primvs scivit.    Dion Cass. xxxix. 33.)
The history of this inscription is curious.  It    TRIBUNI'TIA.  [TaiBuNus.]
was not cut on the rough back of the bronze tablet    TU'LLIA  DE A/MBITU.  [AMtBITTST.]
till after the other side, which is smooth, had been  TU/LLIA  DE  LEGATIO'NE  LI'BERA.
occupied by the Servilia Lex.  The Servilia Lex  [LEGATUS, p. 679, a.]
is certainly not of earlier date than the year of the    VALE'RIAE  LEGES. In B. c. 508, the concity 648, or B. C. 106, and consequently the Thoria  sul P. Valerius proposed and carried various leges,
could not have been cut on this tablet before the  the purpose of which was to relieve himself from
year 648.  It seems that the tablet was large  the suspicion of aiming at kingly power, and to
enough for the Lex Servilia, for which it was in-  increase his popularity.  The chief were a Lex
tended, but much too small for the Agrarian Law:  which gave an appeal (provocatio) to the popules
"' consequently, the characters of the Agrarian side  against magistratus, and one which declared to be
of the tablet are remarkably small, the lines nar-  accursed, and devoted the man and his property,
row, the abbreviations numerous, and the chapters  who should form a design to seize the kingly power
only separated by two or three points, whereas on  (Liv. ii. 8).  Owing to these popular measures,
the other side the letters are uniform, large, and  the consul received the cognomen of Publicola, by
well made, the lines wide, the words written at  which he is generally known.  This statement of
full length, and the chapters of the Lex separated  the law on Provocatio by Livy is very brief and
by superscriptions.   Further, the lines (of the  unsatisfactory.   Cicero (de Rep. ii. 31) states
Agrarian Lex) are often so oblique that they cross  more distinctly that this Lex was the first that was
the straight lines on the opposite side, which are  passed at the Comitia Centuriata, and that the
cut very deep and consequently are visible on the  provisions were " ne quis magistratus civem Romaside on which the Agrarian Lex is cut." (Rudorff)  num  adversus provocationem  necaret neve verbeThe subject-matter of this Lex cannot be stated  raret."  The Lex, therefore, secured the right of
without entering into detail: the whole is examined  appeal to all Roman cives; and it is consistent
by Rudorff with great care.  The main subject of with this, that some of the Roman cives, the patrithe Lex to which the first eighteen chapters or  cians, as Niebuhr states, had already the provoforty-three lines refer, is the Public land in Italy  catio to their curiae. This right of provocatio only
as far as the rivers Rubico and Macra. The second  applied to Rome and a mile round the city, for
part of the Lex begins with the nineteenth chap-  the Imperium of the consuls beyond this boundary
ter and the forty-fourth line, and extends to the  was unlimited (Liv. iii. 20, neque enim provocatiofiftieth chapter and the ninety-sixth line: this  nemo esse longius ab urbe mille passuum).  Conpart of the Lex relates to the Public and Private  formably to this, the Judicia quae Imperio continenland in the Province of Africa.  The third and  tur comprised among other cases those where the
last part of the Lex, from the fiftieth chapter and  Judicium was beyond the limits of the mille pasthe ninety-sixth line to the end of the inscription, sus.  The substance of the two Leges is stated by
relates to the Roman Public land in the territory  Dionysius (Antiq. Roem. v. 19, 70) with more preof Corinth.                                       cision and apparently in accordance with the terms
Rudorff concludes that the Le.x applied to other  of the Leges.  The right of provocatio was inland also; and for two reasons. First, the Roman  tended to protect persons against the summary
Agrarian Laws of the seventh century of the city, jurisdiction of the consuls, by giving them an aprelated to all the provinces of the empire, of which  peal to the 8aijos, and until the srXij0os decided
we have an example in the case of the Lex Servilia  on their case, no punishment could be inflicted.
of Rullus.  Secondly, the fragment of the Lex  (c. 70.)  In c. 19 it is said that the appeal was
Thoria, which is preserved, is so broad compared  also to the 68uos; and this measure made Publiwith the height that we may conclude that the  cola popular with the 68WuoL',coi, whom we must
complete tablet contained three times as much as  take to be the Plebs (comp. Dionys. ix. 39). Dioit does now; for nearly all the bronze tablets on  nysius generally uses 8;1./os to signify Plebs; but
which Roman laws are cut, are of an oblong form, he also uses 7rA0os in the same sense (vii. 65g
with the height much greater than their width.  viii. 70, 71, x. 40).
Of the two-thirds of the tablet which it is con-    VALE'RIAE ET HORA'TIAE LEGES were
eluded have been lost, not a trace has yet been  proposed by the consuls L. Valerius and 1M. Hodiscovered.                                       ratius B. c. 449.  (Liv. iii. 55.)  One of these
The essay of Rsudorff contains a copy of the in-  Leges which was passed at the Comitia Centuriata
scriptiona with the restoration of the passages that  was "ut qluod tributim plebes jussisset populum




LEX VICESIMARIA.                                    LEX VOCONIA.                   701
teneret," the import of which is not easy to dis-    VI/LLIA ANNA'LIS. [ANNALES, p. 684, b.
tinguish from the later Publilia Lex (Liv. viii. 12),  and the Essay of WVex on the Leges Annales
"ut plebiscita omnes Quirites tenerent."  [PLE-  of the Romans, translated in the Classical hIuBISCITUM; PUBLILIA LEX.]                          seum, No. X.]
A second Lex was intended to secure the prin-    VISE'LLIA made a man liable to a criminal
ciple of the Lex Valeria De Provocatione; "that if  prosecution who, being a Latinus, assumed to exany person appointed (creasset) a magistratus with-  ercise the rights of an Ingenuus. (Cod. ix. tit. 21.)
out appeal, it was lawful to kill such person."    VOCO'NIA, was enacted on the proposal of
C-casset has here a technical meaning.. (Liv. iii.  Q. Voconius Saxa, a Tribunus Plebis.  In the
55, iv. 13; Cic. de Rep. ii. 31; "ne qui magistra-  "De Senectute" of Cicero, Cato the elder is inI
tus sine provocatione crearetur.")  This Lex was  troduced as saying that he spoke in favour of the
enacted again B. c. 300 (Liv. x. 9) on the proposal  Lex when he was sixty-five years of age, and in
of M. Valerius, consul; and the sanction of the  the consulship of Caepio and Philippus.  (B.c.
Lex was more carefully expressed (diligentius  169.) Gellius also speaks of the oration in which
sanctam).  This, says Livy, was the third time  Cato recommended this Lex.  (Cic. pro Balbo, 8,
that this Lex was enacted since the expulsion of  Cato 1iajo-, 5; Gellius, vii. 13, xvii. 6.)
the kings: " the cause of its being enacted several    One provision of the Lex was that no person
times I take to be no other than this, that the  who should be included in the census, after the
powler of a few was greater than the liberty of  census of that year (post cos cessores; the Censors
the plebs." This is a plain and intelligible account  of that year were A. Postumins and Q. Fulvius),
of the matter, and umay be safely accepted.  The  should make any female (virgislesz aeve emulieCrels)
Great Charter of England was ratified more than  his heres. (Cic. in Vermrest, i. 41,42.) Cicero does
once.  A  Lex Duilia (Liv. iii. 55) which imme-  not state that the Lex fixed the census at ally
diately followed theseValeriae, again enacted, among  sum; but it appears from Gains (ii. 274) that al
other things, severe penalties against him "qui  woman could not be made heres by any person
isagistratum sineprovocatione creasset."  The plebs  who was rated in the census at 100,000 asses or
thought they were never safe enough against the  upwards (centiuns snillia aeris), though she could
nobility, and they had good grounds to be suspi-  take the hereditas per fideicommissum. Dion Ceascious.                                             sius (lvi. 10) names the sum as 25,000 drachmse,
A third Lex of these consuls was to protect the  which is 100,000 sestertii.  The lex allowed no
persons of the tribuni plebis, aediles, judices, de-  exceptions even in favour of an only daughter.
cemniviri. Any person who violated their personality  (Augustin. de Civit. Dei, iii. 21.)  The Lex only
was sacer, " devoted," and his familia, liberi liberae-  applied to testaments, and therefore a daughter
que, were to be sold.  It is not known who are  or other female could inherit ab intestato to aiy
meant by judices and decemviri in this passage.  amount.  The Vestal Virgins could make women
The context shows that they were persons of the  their heredes in all cases, which was the only
plebeian class or in the plebeian interest. Niebuhr's  exception to the provisions of the Lex.  (Cic. do
conjecture that the judices may be the Centumviri  Rsep. iii. 10; Gell. i. 12.)
is ingenious and probable.  All conjectures about    If the terms of the Lex are correctly reported
the decernviri are vague.                          by Cicero, a person who was not census mighllt
VALE'RIA  HORA'TIA.  [PLEBaSCITUI.L]   make a woman his heres, whatever was the aonllllt
VA'RIA.  [MAJEsTAS.]                            of his property, and so Cicero understands the Lex
VATI'NIA  DE PROVI'NCIIS was the en-  (in FVier. ii. 41).  Still there is a difficulty about
actment by which Julius Caesar obtained the pro-  the meaning of census.  If it is taken to mean that
vince of Gallia Cisalpina with Illyricum for five  a person whose property was above 100,000, and
years, to which the senate added Gallia Transal-  who was not included in the census, could dispose
pina.  This Plebiscitum was proposed by the tri-  of his property as he pleased by testament, the
bune P. Vatinius, B. c. 59. (Dion Cass. xxxviii. 8;  purpose of the Lex would be frustrated; allld
Appian. Bell. Civ. ii. 13; Sueton. Caes. 22; Vell.  further " the not being included in the census "
Pat. ii. 44.)  A Trebonia Lex subsequently pro-  (neque ceensus esset) seems rather vague. Still, aclonged Caesar's Imperium for five years.           cording to the terms of the Lex, any person who
VATI'NIA.  [REPETUNDAE.]                        had ever been included in the census, would be
VATI'NIA DE COLO'NIS, under which the  affected by this legal incapacity. Sometimes it is
Latina Colonia [LATINITAS] of No-vunm-Comnum in  assumed that the last census is meant. The Edict
Gallia Cisalpina was planted B. c. 59. (Sueton.  extended the rule of the Voconia Lex to the BoCaes. 28.)                                         norum Possessio.  (Dig. 37. tit. 1. s. 12.)
VATI'NIA DE REJECTIOINE JIJ'DICUM                  Another provision of the Lex forbade a person,
(Cic. ie ratiee. c. 11; SeCol. Bob. 321, 323.)    who was census, to give more in amount in the
LEGES DE VI.  [Vs.]                             form of a legacy or a donatio mortis causa, to alny
VIA'RIA.  A  Lex that was talked of (Cic. person than the heres or heredes should tale.
ad Fcaz. viii. 6) is only worth mention on account  This provision secured something to the heres or
of the name.  Such a Lex might be De Viis  heredes, but still the provision was ineffectual, and
1Muniendis.                                        the object of this lex was only accomplished by
Some modern writers speak of Leges Viariae, the Lex Falcidia. [LEGATUM.]  Gaius (ii. 226),
but there do not appear to be any Leges properly  in quoting this provision of the Lex, does not
so called.  The provisions as to roads (viae) in  mention the condition of being census, but this is
many of the Agrarian laws were parts of such  stated by Cicero (in Veor. i. 43).
leges, and had no  special reference to  roads.    Some writers suppose that this Lex also con(Frontinus, or, as he is often called, Pseudo-Fron-  tained a provision by which a testator was forbidtinus, De Coloniies Libellzes.)                    den to give a woman more than half of his property
VICES] MA'RIA.   [VICESuIA..]                    by way of legacy; and it appears from Cicero that




70:-           LEX  VOCONIA.                                        LIBELLUS.
the Lex applied to legacies (dle mZZlierur ll lyctis el particularly when there are many Leges relating
lwereditatibzs, Cic. de Repub. iii. 10).  But this  to  one subject, as Ambitus, Repetundae, &c.
provision is not allowed by some of the best critics  Several of the Roman Leges were modified by
to have been a part of the Lex.  Quintilian  Senatusconsulta.  The Senatusconsulta, which are
(DeclaCe. 264) states that by the Lex (Voconia) a  properly laws, are enumerated under SENATUSwoman could not take by testament more than half  CONSULTUM.                              [G. L.]
of a person's property; but Quintilian says nothing  LEXIARCHI  (A7,ltapXoi).  [EccLESIA, P.
of the provisions of this Lex, which incapacitated  441, a.]
women altogether from  taking under a will in       LEXIARCIIICON (Aq1StapXKcJ'). [DEsMus.]
certain cases, and in the passage referred to he    LEXIS (XAjis).  [DIIsE.]
is speaking of two women being made heredes of    LIBELLA,   instruments.  [LIBRA.]
a property in equal shares.  The dispute between     LIBELLA, a small Roman silver coin, which
the cognati and the two women turned on the  is mentioned by Varro (L. L. v. 36, p. 68, Millwords of the Lex, "'ne liceat mulieri plusquam  ler) as having existed in the early age of the city,
dimlidiam parteim  bonorum suorum relinquere," the  but which in his time, and apparently for a concogilati contending that the Lex did not allow the  siderable period before, was no longer coined.
whole property to be thus given to two women in  The name, however, was retained especially as a
equal shares, though it was admitted that if half of proverbial expression for a very small value. (Plaut.
the property had been given to one woman, there  Pcsenld. ii. 2. 34, Cilst. v. 1. 27; Cic. Vierr. ii. 2,
would have been no ground for dispute.  It is  pro Rose. Coon. 4.)  It was equal in value to the
quite consistent that the Lex might have allowed a  (s (whence its name), and, in the system  of
wonman to take half of a man's property in certain  silver money, it was the tenth part of the denasrisis.
cases, and in others to take none, though the object  (Varr. 1. e.; Plin. II. NV. xxxiii. 3. s 13.)  The
of the Lex, which was to prevent large properties  words of Varro and Pliny clearly imply that the
from coming into women's hands, would have been  libella was equal in value to the old full-weight
better secured by other provisions than those of as; and it seems most probable that the coin
the Lex as they are known to us; for it appears  ceased being struck at the time of the reduction
from Quintilian, that a woman might take by will  of the as, on account of the inconveniently small
olne half of as imany properties as there were tes-  size which it would have assumed.  The libell/a
tators. It might be conjectured that the clause of  was subdivided into the semsbella, its half, and the
the Lex which forbade a woman being made heres,  terusnciuzs, its quarter. Cicero (ad Art. vii. 12) uses
signified sole heres, and then the clause which  these words to express fractions of an estate, with
forbade her taking more than half would be fitly  reference to the densarius as the unit, the lib)ella
framed to prevent an evasion of the law by inaking  signifyinlg  i-1 0th, and the teruncius  1-40th of
a woman heres ex deunce, for instance, and giving  the whole (Bickh, /1etrol.. Un;tersuclh. p. 453,
the rest to another person.  And this conjecture  &c.).                                   [P. S.]
derives some support from the provision of the Lex    LIBELLUS, is the diminutive form of liber, and
Voconia which prevented the giving nearly all the  signifies properly a little book.  A  libellus was
property in legacies to the detriment of the heres;  distinguished from other kinds of writings, by being
which provision, however, it must be observed,  written like our books by pages, whereas other
does not apply to women only (Gains, ii. 226).  writings were written transversa chlarta.  (Suet.
The case of Fadia, mentioned by Cicero (de Fi'i. Caes. 56.) A libellus, however, did not necessarily
ii. 17), shows that there was a provision in the  consist of several pages.  It was used by the RoLex by which, in certain cases at least, a womsan  mins as a technical term in the following cases -
might take something; and it also shows that the     1. Libelli accusastormisz  or accsStorii were tile
Lex prevented a man from making even his own  written accusations which in some cases a plainltiff,
dautghter sole heres.                             after having  received the permission to bring an
According to Gails and Pliny (1Pas2eg. 42), the  action against a person, drew up, signed, and sent
provisions of the Voconia Lex were in force at the  to the judicial authorities, viz., in the city to the
tinme when they were writing, though Gellius (xx.  praetor, and in a province to the proconsul.  (Cod.
1) speaks of them  as being either obsolete or re-  9. tit. 2. s. 8; Dig. 48. tit. 5. s. 2. 17. 29; 47.
Iealed.  The provisions of the Lex Julia et Papia  tit. 2. s. 74; compare AcTIO.)   The form  ill
Poppaea miay have repealed some of the clauses of which a libellus accusatorius -was to be written5 is
the Voconia Lex.                                  described by Ulpian in a case of adultery. (Dig.
The subject of the Voconia Lox is one of con-  48. tit. 2. s. 3.)  The accuser had to sign the libelsiderable difficulty, owing to the imperfect state-  lus, and if he could not write, he was obliged to
nents that remain of its contents and provisions, get somebody else to do it for him.  If the libelwhich were probably numnerous. The chief modern  lus was not written in the proper legal form, it
authorities on the matter are referred to by Rein  was invalid, but the plaintiff had still the right to
(Das Rmin. Privat. Reelt, p. 367, &c.), and in  bring the same action again in its legal forIn.
Orellii Onomasticon.  The latest essay on it that  (Juv. vi. 244, &c.  Tacit. Ann. iii. 44; Plin. Ejpist.
the writer has seen is " Die Lex Voconia &c."  vii. 27; compare Brisson. le Feorm. v. c. 187, &c.)
lby Dr. J. J. Bachofen, Basel, 1843; but the essay  2. Libelli cfizmosi were what we call libels or
does not settle all the difficulties.            pasquinades, intended to injure the character of
This list of Loeges may not be quite complete,  persons.  A  law  of the Twelve Tables inflicted
and the dates of some of them and the statement very severe punishments on those who composed
of their purport may not be perfectly accurate. defamatory writings against any person.  (Cic. doe
Still it contains all the Leges that are of any im- Re Piub. iv. 10; Arnob. iv. p. 151.)  During the
portauce for the understanding of Roman History  latter part of the republic this law appears to have
and Jurisprudence.  Those which are not specially  been in abeyance, for Tacitus (Ann. i. 72) says that
noticed here, are referred to their proper heads, previous to the time of Augustus libels had never




LIBELLUS.                                             LIBER.                   703
been legally punished (compare Cic. cd nFaz. iii. 11),    LIBER  (LC@Xoiv) a book.  The most common
and that Augustus provoked by the aadacity with  material on  which books were written  by the
which Cassius Severus brought into disrepute the  Greeks and Romans, was the thin coats or rind
most illustrious persons of the age, ordained, by a  (liber, whence the Latin name for a book) of the
lex majestatis, that the authors of libelli famosi Egyptian papyrus.  This plant was called by the
should be brought to trial.  On this occasion Au-  Egyptians byblos (/35Xos), whence the Greeks degustus, who was informed of the existence of rived their name for a book (ftCAeov).  It formed
several such works, had a search made at Rome by  an article of commerce long before the time of
the aediles, and in other places by the local magis-  Herodotus (v. 58), and was extensively used ill
trates, and ordered the libels to be burnt; some of the western part of Europe, as is proved by the
the authors were subjected to punishment.  (Dion  number of rolls of papyri found at Herculaneum.
Cass. lvi. 27.)  A law quoted by Ulpian (Dig. 47. In the sixth century of the Christian aera the
tit, 10. s. 5) ordained that the author of a libellus  duty on imported papyrus was abolished by Theofamlosus should be intestabilis, and during the later doric the Great, on which occasion Cassiodorus
period of the empire we find that capital punish-  wrote a letter (xi. 38), in which he congratulates
ment was not only inflicted upon the author, but the world on the cessation of a tax so unfavourable
upon those persons in whose possession a libellus  to the progress of learning and of commerce.  The
famosus was found, or who did not destroy it as  papyrus..tree grows in swamps to the height of
soon as it came into their hands. (Cod. 9. tit. 36.)  ten feet and more, and paper was prepared from
For further information on this subject see Rein, the thin coats or pellicles which surround the plant
Das Criminalbescht der Roiser, pp. 378, &c. 531.   in the folloxving manner according to Pliny (xiii.
3. Libellis szeszorsialis, a pocket or memorandum   23):- The different pieces were joined together by
book. (Suet. Caes. 56.)  The libellus, from which  the turbid Nile water, as it has a kind of glutinCicero (ad Att. vi. 1. ~ 5) communicates a memo- ous property.  A  layer of papyrus (sclreda or
randlum of Brutus, appears to have been a book of philyre) was laid flat on a board, and a cross layer
this kind.                                         put over it; and being thus prepared, the layers
4. Libellus is used by the Roman jurists as  were pressed and afterwards dried in the ulln.
equivalent to Oeatio Principis. [ORATIONES PnIIN-  The sheets were then fastened or pasted together,
crIPUiM.]                                         the best being taken first and then the inferior
5. The word libellus was also applied to a  sheets.  There were never more than tiventy in a
variety of writings, which in most cases probably  scapus or roll.  The papyri found  ill Egyptian
consisted of one page only: —                     tombs differ very much in length, but not much in
a. To short letters addressed to a person for the  breadth, as the breadth was probably determined
purpose of cautioning him  against some danger by the usual length of the strips taken from  the
which threatened his life (Sueton. Caes. 81, Caliy. plant.  The length might be carried to alnlost any
5); and to any short letters or reports addressed  extent by fastening one sheet to another.  The
to the senate or private individuals.  (Suet. Caes. writing was in coluhmns with a blank slip between
56, August. 84t; Cic. ad FaViz. xi. I 1.)          them. (Egyltiaet  Antiquities, vol. ii. ch. 7. Lond.
b. To the bills called libelli gladiatorii, or nzzueZ- 1836.)  The foram and general appearance of the
rarii, which persons who gave gladiatorial exhibi- papyri rolls will be understood from the following
tions distributed among the people. [GLADlATORES, woodcut taken from  paintings found at Pompeii.
p. 574, b.]                                       (Gell. Polqp. vol. ii. p. 187.)
c. To petitions to the emperors. (Slet. Aug. 53;
Mart. viii. 31. 3, 82. 1.) The emperors had their
especial officers or secretaries who attended to all  
petitions (libellis praeJfctis, Dig. 20. tit. 5), -and 
who read and answered them  in the name of the
emperor. (Suet. Domnit. 14.)  Such a libellus is,  -.
stillextant.  See Gruter, Insci-ipt. p. DCVIL. ].
d. To the bill of appeal called liboeltus celpellatorins, which a person who did not acquiesce in a.                                   )
judicial sentence, had to send in after the lapse of
two or three days. (Dig. 40. tit. 1.)
e. To the bills stuck up in the most frequented 
parts of the city, in case of a debtor having ab-    The paper (cida ta) made from the papyrus was of
sconded.  (Cic. p'o Quint. 6, 15, 19; RIein, Ronm. different qualities.  The best was called after AuPr-ivatr. p. 499.)  Such bills were also stuck upon  gustus, the second after Livia, the third, which was
the estates of such a debtor, and his friends who  originally the best, was named Hieratica, because
wished to pay for him sometimes pulled down such  it was appropriated to the sacred books.  The
bills. (Senec. de Benef iv. 12.)                  finest paper was subsequently called Claudia, friont
j: To bills in which persons announced to the  the emperor Claudius.  The inferior kinds were
public that they had found things which had been  called Aipnl7tlkeatriica i, ti, Leneotica, from  the
lost, and in which they invited the owner to claim  places ill Egypt where it was made, and also
his property. (Plaut. Rud. v. 2. 7, &c.; Dig. 47. Feanniana, from one Fannius, who had a celebrated
tit. 2. s. 44.)  The owner gave to the finder a re- manufactory at Rome. The kind called Enlpo reticea
ward (Espes-pa) and received his property back. was not fit for writing, and was chiefly used by
Sometimes the owner also made known to the  merchants for packing their goods, from which cirpublic by a libellus what he had lost, stated his  cumstance it obtained its name.  (Plin. xiii. 23,
name and residence, and promised to give a reward  24.)
to the person who found his property, and brouglht    Next to the papyrus, parchment (erombrema)
it back to him. (Propert. iii. 21. 21, &c.)  [L. S.]  was the most common material for writing upon.




704                 LIBER.                                         LIBERALITAS.
It is said to have been invented by Elmenes IT. the Greek sittybae (or~rdf6at, Cic. ad Alt. iv..5)
king of Pergamus, in consequence of the prohibi-  which IHesychius explains by 6epidr',,vat o-roXai.
tion of the export of papyrus from  Egypt, by    The title of the book (titulus index) was written
Ptolemy Epiphanes.  (Plin. xiii. 21.)  It is pro-  on a small strip of papyrus or parchment with a
bable, however, that Eumenes introduced only  light red colour (coccuom or minium). Winkelnann
some improvement in the manufacture of parch-  supposed that the title was on a kind of ticket
ment, as Herodotus mentions writing on skins as  suspended to the roll, as is seen in the paintinlgs
common in his time, and says that the Ionians had  at Herculaneum  (see woodcut), but it was most
been accustomed to give the name of skins (&ls06e- probably stuck on the papyrus itself.  (Compare
pat) to books (v. 58).  Other materials are also  Tibull. 1..)  WVe learn from  Seneca (de Traslq.
mentioned as used for writing on, but books appear An. 9) and Martial (xiv. 186) that the portraits of
to have been almost invariably written either the authors were often placed on the first page of
upon papyrus or parchment.                        the work.
The ancients wrote usually on only one side of    As the demand for books increased towards the
the paper or parchment, whence Juvenal (i. 5)  end of the Roman republic, and it became the
speaks of an extremely long tragedy as             fashion for the Roman nobles to have a library,
"SLmmi plena jam margine libri          the trade of booksellers naturally  arose.  They
Scriptus et in tesyo necdum finitus Orestes."   were called Libacrii (Cic. de leg iii. 20), Bibliopolae (Mart. iv. 71, xiii. 3), and by the Greek
Such works were called Opistogratpli (Plin. Ep.  writers $tACwvK rcalbooN   or 3,AhloKd7rlhAol. Their
iii. 5), and are also said to be written in aversa  shop was called tabersaa librariea (Cic. Plil. ii. 9).
c/lhrta. (Mart. viii. 62.)                         These shops were chiefly in the Argiletum (Mart.
The back of the paper, instead of being written  i. 4), and in the Vicus Sandalarius (Gell xviii. 4).
upon, was usually stained with saffron colour or On the shop door, or the pillar, as the case might
the cedrus.  (Lucian, 7rpbs a&rais.  16. vol. iii. p. be, there was a list of the titles of books on sale:
1 13; croceae membsrana tabellae, Juv. vii. 23; Pers. allusion is made to this by Horace (Sat. i. 4. 71,
iii. 10.)  We learn from  Ovid that the cedrus  Art. PoEt. 372) and Martial (i. 118).  The price
produced a yellow colour. (Ovid, Trist. iii. 1. 13.) at which books were sold, seems to have been modeAs paper and parchment were dear, it was fie- rate.  Martial says (1. c.) that a good copy of the
qulently the custom to erase or wash out writing of first book of his epigrams might be had for five
little importance, and to write upon the paper or denarii.  In the time of Augustus, the Sosii appear
parchment again, which was then called Patlir- to have been the great booksellers at Rome. (lior.
psestats (rraMx/*stcrros).  This practice is mentioned  Esp. i. 20. 2, Art. Poe't. 345; see also Becker, Gallts,
by Cicero (ad Faio. vii. 18), who praises his friend  vol. i. p. 163, &c.)  Compare the articles ATRA -
Trebatius for having been so economical as to write  MENTUM, BIBLIOTHECA, CALAvMUS, CAPSA, STYupon a palimpsest, but wonders what those writ-  LUS.
ilgs could have been which were considered of less    LIBER, LIBERTAS. The Roman writers diimportance than a letter. (Compare Catull. xxii. vide all men into Liberi and Servi [SERVUS]; and
5; Martial, xiv. 7.)                              men were either born Liberi, in which case they
The paper or parchment was joined together so  were called by the Romans Ingenui [IN(ZENUV], or
as to form one sheet; and when the work was they became Liberi after being Servi, in which
finished, it was rolled on a staff, whence it was case they were called  Libertini  [LIBERTIS].
called a volumzemn; and hence we have the expres- Libertus is defined in the Institutes of Justinian
sion evolvere libretoi. (Cic. ad Att. ix. 10.) When  (1. tit. 1), to be "'the natural faculty to do that
atn author divided a work into several books, it which a man pleases, except he be in any thing
was usual to include-only one book in a volume or hindered by force or law."  Accordingly the Itoroll, so that there were generally the same number mans considered Libertas as the natural state or
ot' volmues as of books.  Thus Ovid (Trist. i. 1. condition of men [SERVUS].  A man might either
117) calls his fifteen books of Metamorphoses  be born a slave, or he might become a slave by loss
("mutatae  ter quinque volumina formae." (Com- of freedom.  Libertas was the first essential of the
pare Cic. Tusc. iii. -3, ad Fain. xvii. 17.)  When  three which determined status or condition: the
a book was long, it was sometimes divided into  other two were Civitas and Familia.  Without
two volumes; thus Pliny (Ep. iii. 5) speaks of a  Libertas there could be no status.  Civitas implied
work in three books " in sex volumina propter Libertas; but Libertas did not necessarily imply
amplitudinem divisi."                              Civitas, for a man might be Liber without being
In the papyri rolls found at IIerculaneum, the  Civis. [Clvis.]   Famnilia implies both Libertas
stick on which the papyrus is rolled does not pro- and Civitas, and lie only who is Civis has Falnilia,
ject from  the papyrus, but is concealed by it. [FAMILIA.]  Thus, Familia necessarily includes
Usually, however, there were balls or bosses, Civitas, but Civitas does not necessarily include
ornamented or painted, called umzbilici or contua, Familia in one sense; for familia may be changed,
which were fastened at each end of the stick and  while libertas and civitas remain (curn et libertas
projected from the papyrus. (Martial, iii. 2, y. 6, et civitas retinetur, familia tantum mutatur lmini15; Tibull. iii. 1. 14; Ovid. Thist. i. 8.)  The  mainm  esse capitis diminutionem  constat: Dig. 4.
ends of the roll were carefully cut, polished with  tit. 5. s. 11). But Civitas so far necessarily implied
]mumice-stone and coloured black; they were called  Familia, that no Civis Romanus was permanently
the geminae fi-ontes.  (Ovid. 1. c.)               without Familia.                       [G. L.]
To protect the roll from injury it was frequently    LI'BERA  FUGA.  [ExsILIUM.]
iput in a parchment case, which was stained with a    LIBERA'LTA.  [DIoNYSIA. p. 414, a.]
p],rple colour or with the yellow of the Lutum.    LIBERA'LIS CAUSA.  [AssERTOR.]
Martial (x. 93) calls such a covering a pzsTpurea    LIBERA'LIS MANUS.  [MANUS.]
thcg.  Something of the samne kind is meant by    LIBERA'LITAS.  [AMBITUs.]




LIBERTUS.                                          LYBERTUS.                   705
LIBERO'RUM JUS. [LEx  JULIA ET PArIA  (that is, liberatus) with reference to his master;
PoPPAEA,]                                          with reference to the class to which he belonged
LIBERTUS (aTrEXsV0epos), a freedman.  i. after manumission, lie was Libertinus.  According
GR EEK.  It was not unfrequent for a master at to Suetonius, libertinus was the son of a libertus
Athens to restore a slave to freedom.  A  private  in the time of the censor Appius Claudius, and
person, it appears, might liberate his slave without for some time after (Claud. c. 24); but this is not
any particular formality; sometimes the  state  the meaning of the word in the extant Roman
-would emancipate a slave, but then the purchase  writers.
money had to be restored to his master.  (Plat.    There were three modes of Legitima manumisdce Leg. xi. p. 914.)  The state into which a slave  sio, the vindicta, the census. and the testamentum:
thus entered was called  7srXeeuOEpga, and he was  if the manumitted slave was al)ove thirty years of
said to be KaO' iavur6v.  (Demosth. pro Phorm. age, if he was the Quiritarian property of his
p. 945.)  It is not quite certain whether those per-  master, and if he was manumitted in proper form
sons who are termed oi XCpis OKOOUTES (Demosth.  (ley/iio7e,,jGstla et lelgitimna 5l5cunumissione) he became
-Philip. i. p. 50) were likewise freedmen, as the  a Civis Romanus: if any of these conditions were
gramnmarians assert, or vhether they were persons  wanting, he became ai Latinus; and in some cases
yet in slavery, btht living separated from their nmas- only a Dediticius. [MANuMISSIO.]  Thus there
ters' household; but in Demosthenes (e. Euesg. et were, as Ulpian observes, three kinds of Liberti:
llnaesib. p. 11 61) the expression Xwcpls  E.tL is evi-  Cives Romani, Latini Juniani, and Dediticii.
dently used as synonymous with " he has been    The Status of a Civis Romanus and that of a
emancipated."  A slave -when manumitted. entered  Dediticils, have been already described. [CIVITAs;
into the status of a pETOzKos [METOECUS], uand  DEDITICn.]  As to the political condition of Liberas such he had not only to pay the I/eTObtlov, but tini under the republic, who were Cives Romani,
a triobolon in addition to it. IThis triobolol was  see MAINUMIssIo.
probably the tax which slave-holders had to pay to    Originally slaves who were so manumitted as
the republic for each slave they kept, so that the  not to become Cives Romani, were still slaves; but
triobolon paid by freedmen was intended to in- the Praetor took them under his protection, and
demnify the state, which would otherwise have  maintained their freedom, though  he could not
lost by every manumission of a slave.  (Bbckh, make them Cives Romammi.  The Lex Junia gave
Publ. Econ. of Athezs, p. 331, &c., 2d edit.)  The  them a certain status, whiich was expressed by the
connection of a freedman with his former master  phrase Latini Juniani: they were called Latini,
was however not broken off entirely on his nlanu-  says Gains (i. 22, iii. 56), because they were put
mission, for he had throughout his life to regard  on the same footing as the Latini Coloniarii, and
him as his patron (7rpoodr-Ss), and to fulfil certain  Juniani because the Junia Lex gave them freedom,
duties towards him.  In what these duties con- whereas before they were by strict law (ex Juar
sisted beyond the obligation of showing gratitude  Qziritinem) slaves.  Gains (iii. 56) says that the
and respect towards his deliverer, and of taking  Lex Junia d2clared such manumitted persons to he
him  for his patron in all his affairs, is uncertain. as free as if they had been Roman citizens by
though they seem to have been fixed by the laws  birth (cices Roecani ingenui), who had gone out
of Athens.  (Meier and Schim. Aft. Proc. p. 473, from  Rome to join a Latin colony, and thereby
&c.; Petit. Leg. Att. ii. 6. p. 261; compare Plato, had become Latini Coloniarii: this passage, which
de Leg. xi. p. 915.)  Whether the relation exist-  is not free from diffcualty, is remarked on by
ing between a person and his freedman descended  Savigny (Zeitschrift, ix. p. 320).
to the children of the latter, is likewise unknown.    A  Latinus could attain the Civitas in several
That a-master, in case his freedman died, had some  ways. (Gainus, i. 28, &c.; Ulp. Frag. tit. 3; LAclaims to his property, is clear from  Isaeus (de  TINITAS.)  As the patria potestas was a Jus pecuNicostrust. hered. c. 9; Rhetor. ad Alex. i. 16; liar to Roman citizens,it followed that a Latinus had
compare Bunsen, De Jur-. iered. At/l. p. 51).  The  not the (Roman) patria potestas over his children.
neglect of any of the duties which a freedman had  If, however, be had married either a Latina and had
towards his former master, was prosecuted by the  begotten a child, who would of course be a Latinus,
7rovTaetov &iKtc.   [APosTASiou DIIE.]            or had married a Roman civis, and had begotten
The Spartans likewise restored their slaves some-  a child, which, by a senatusconsultum of Hadrian,
times to freedom, but in what degree such freed-  would be a Romanus Givis, he might, by complying
men partook of the civic franchise is not known.  with the provisions of the Lex Aelia Sentia, in the
That they could never receive the full Spartan  former case obtain the civitas for himself, his wife,
firanchise is expressly stated by Dion Chrysosto- and child, and in both cases acquire the patria
mus (Orat. xxxvi. p. 448, b), but Miller (Dow. potests over his child just as if the child had been
iii. 3. ~ 5) entertains the opinion that Spartan  born in juostae nuptiae.  (Gains, i. 30. 66.)
freedmen, after passing through several stages,    In considering the legal condition of Libertini,
might in the end obtain the full franchise; this  it is necessary to remember that even those who
opinion however is more than doubtful.  Spartan  were Cives Romani were not Ingenui, and that
freedmen were frequently used in the armies and  their patroni had still certain rights with respect
in the fleet, and were, according to Myro (ap.  to them.  The Latini Juniani were under some
At/len. vi. p. 271), designated by the names of special incapacities; for the Lex Junia which depafSra, atE'oiroToL, EpUc7v1PESe, ae-o-roovoYas'ae, te.rmined their status, neither gave them the power
and veoeac&6lets.                      [L. S.]    of nsaking a will-, nor of taking property under a
2. ROMAN.  Freemen (libe/i) were either In-  will, nor of being named Tutores in a will. They
genui [INGENUI] or Libertini.  Libertini were  could not therefore take either as heredes or legathose persons who had been released from  legal tarii, but the} could take by way of fidei-coomservitude (qui ex justa servilutetc   azumissi   sezz, missm.   (Gains, i. 24.)  The sons of libertini
Gaius, i 11).  A manumitted slave was Libertos Iwere ingenui, but they could nlot have gentile rights;
z




706        -         LIBRA.                                        LBRAIB RARI.
and the descendants of libertini were sometimes  bronze balances may be seen in the British Museum
taunted with their servile origin.  (Hor. Se}rn. i. and in other collections of antiquities, and also of
6, 46.)                                          the steel-yard [STATERA], which was used for the
The law which concerns the property (bona) of same purposes as the libra.  The woodcut to the
Libertini may be considered under PATRONuS;  article CATENA shows some of the chains by which
see also INGENUI and LEX JUNIA.    [G. L.]   the scales are suspended from the beam.  In the
LIBITINA'RII.  [FuNus, p. 558, a.]             works of ancient art, the balance is also introduced
LIBRA  or AS, a pound, the unit of weight emblematically in a great variety of ways.  The
among the Romans and Italians.  Many ancient annexed woodcut is taken from a beautiful bronze
specimens of this weight, its parts and multiples, patera, representing Mercury and Apollo engaged
have come down to us; but of these some are im. in exploring the fates of Achilles and Memnon, by
perfect, and the rest differ so much in weight that weighing the attendant genius of the one against
no satisfactory conclusion can be drawn from them.
The difference between some of these specimens
is as much as two ounces. An account of some of
the most remarkable of them is given by Hussey                 H\
(Ancient Weights, &c. ix. ~ 3), and Bdckh (Mtfetroloqq. Untersuch. p. 170). This variety is to be accounted'for partly by the well-known carelessness
of the Romans in keeping to their standards of                I l['-C  7,\t X
weight, and partly by the fact that many of the;
extant weights are from provincial towns, in which'          \  1 
this carelessness was notoriously greater than in
the metropolis.
The computation of the weight of the tibr has                                         //
been attempted in two ways, which are more fully
discussed under PONDERA. The method which has
been.followed by most writers is that of deducing
it from the weights of the silver coins —a process
which gives, according to Hussey, 5040 grains,  
and according to Wurm and Biickhb, a little more
than 5053.  The other plan is that of weiohing  that of the other. (WVinckelmann, llosz. neld. ] 33;
the quantity of water held by the Congius of Millin, ]Peintures de Vases Anat. i. pl. 19. p. 39.)
Vespasian, which originally contained 10 Roman  A balance is often represented on the reverse of
pounds, which gives a result of about 5200 grains. the Ronman imperial coins; and to indicate more
According to the former computation, it was some- distinctly its signification, it is frequently held by
what less than 11-, according to the latter, some-  a female in her right hand, while she supports
what more than 11- ounces avoirdupois;  and, a cornucopia in her left, the words AEQVITAS
according to either, its value may be ronghly  AVGVSTI being inscribed on the margin, so as to
stated as a little less than 3-4th of a pound  denote the justice and impartiality with which the
av     oirdupois.                                emperors dispensed their bounty.
The uncial division, which hcas been noticed in    The constellation Libra is placed in the Zodiac
speaking of the coin As, was also applied to the  at the equinox, bectase it is the period of the year
weight.  (See the Tables.)  The divisions of the  at which day and night are equally balanced.
ounce are given under UNCIA-.  Where the word  (Virg. Geor. i. 208; Plin. H. A. xvii, 69; Schol.
pondo, or its abbreviations P. or POND., occur in2 Arat. 89.)
with a simple number, the weight understood is    The mason's or carpenter's level was called libra
the librsc                                       or libella (whence the English nanme), on account
The name ibrea was also given to a measure of of its resemblance in many respects to a balance.
horn divided into twelve equal parts (unciae) by  (Varro, de Re Rust. i. 6;  olumelia, iii. 13; Plin.
lines marked on it, and used for measuring oil. H. N. xxxvi. 52.)  Hence the verb libsio meant to
(Suet. Caes. c. 38; Galen, de Comnp. Med. Gen. i. level as well as to weigh.  The woodcut to the
17, vi. 8; Horat. Sat. ii. 2. 49-61.)   [P. S.]    article CIRCINUS shows a tibelafCabrilis having the
LIBRA, dinm. LIBELLA (             a'ra'cbs),    a balance,  form of the letter A (Veget. iii. 20), and the line
a pair of scales.  The principal parts of this instru-  and plummet (perpendiculums) depending from the
ment were, 1. The beam  [J:t4u~'M], whence any-  apex.                                 [J. Y.]
thing which is to be weighed is said  nrb  u'v-ybv  LIBRAMENTUM,  LIBRATIO   AQUAvaeAjOaalm, literally, " to be thrown under the  RUM.  [AQuAaDUCTUS, p. 113, b.]
beam." (Aelian, F. H. x. 6.)  2. The two scales,    LIBRA'RII, the name of slaves, who waere emcalled in Greek TrcXamTa (Hom. I. viii. 69, xii. ployed by their masters in writing or copying in
433, xvi. 659, xix. 223, xxii. 209; Aristoph. any way. They must be distinguished fi'om the
Ranae, 809) and srAdistyye (Aristoph. Ranaee, Scribae publici, who were freemen [SCRIBAE],
1425), and in Latin lances (Virg. Aen. xii. 725; and also from the booksellers [LIBER], to both
Pers. iv. 10; Cic. Acad. iv. 12). [LANX.] Hence  of whom this name is occasionally applied. The
the verb TaXaPTreSX is employed as equivalent to  slaves, to whon  the  mnle of librarii Was given,
aoeaO&odw, and to the Latin libieo, and is applied as  may be divided into three classes  -
descriptive of an eagle balancing his wings in the    1. Litrarii who  were employed in  copying
air. (Philostrat. Jun. Intag. 6; Welcker, ad loc.)  books, called Scriptores Librarii by Horace (Ars
The beam was made without a tongue, being held  PoPt. 354).  These librarii were called in later
by a ring or other appendage (ligula, piiz), fixed  times antiquarii. (Cod. 12. tit. 19. s. 10; Cod.
i the centre.  (See the woodcut.)  Specinmens of Theod. 4. tit. 8. s. 2; Isid. Orig. vi. 14.)  Isidore




LICTOR.                                          LIMBUS.                  707
(1. c.) says that the librarii copied both old and  also find him called primes lictor (Cic. ad Quiet. i.
new books, while the antiquarii copied only old 1. ~ 7), which expression some modern writers
books.  Becker (Gallus, vol. i. p. 164), however, have erroneously supposed to refer to the lictor who
thinks that, when the cursive character came into  went first.
general use, the name of antiquarii was applied to    The iictors had to inflict punishment on those
the copyists who transcribed books in the oId uncial who were condemned, especially in the case of
character. The name of librarii was also given to Roman citizens (Liv. ii. 5, viii. 7); for foreigners
those who bound books (Cic. ad Att. iv. 4), and to  and slaves were punished by the carnifex; and
those who had the care of libraries.             they also probably had to assist in some cases in
2. Librarii a studiis were slaves who were em- the execution of a decree or judgment in a civil
ployed by their masters when studying to make  suit, The lictors also commanded (animsaadverterunt)
extracts from books, &c. (Orell. lscr. 719;  Suet. persons to pay proper respect to a magistrate
Claud. 28; Cic. ad Fano. xvi. 21.)  To this class passing by, which consisted in dismounting from
the 2otarii, or short-hand writers, belonged, who hiorseback, uncovering the head, standing out of the
could write down rapidly whatever their masters, way,  &c. (Liv. xxiv. 44; Sen. Ep. 64.)
dictated to them.  (Plin. Ep. iii. 5; Martial, xiv.    The lictors were originally chosen from the plebs
208.)  [NoTARIi.]                                (Livi.  55), but afterwards appear to have been
3. Librarii ab epistolis, whose principal duty  generally fieedmen, probably of the magistrate on
was to write letters from their master's dictation. whoim they attended.  (Comp. Tacit. Ann. xiii.
(Orelli, Inser. 2437, 2997, &c.; Becker, Gatlls, 27.)
vol. i. p. 180.)  To this class belonged the slaves    Lictors were properly only granted to those macalled ad msanum, a manu, or amanuenses.  [AMA- gistrates who had the Imperium.  Consequently
NUENSIS.]                                       the tribunes of the plebs never had lictors (Plut.
LIBRA'TOR  is in general a person who ex- Quaest. Romn. 81), nor several of the other magisamines things by a LIBRA; but the name was, in  trates.  Sometimes, however, lictors were granted
particular, applied to two kinds of persons.     to persons as a mark of respect or for the sake of
1. Librator aquae, a person whose knowledge  protection.  Thus by a law of the Triumvirs every
was indispensable in the construction of aquae- Vestal virgin was accompanied by a lictor, whenducts, sewers, and other structures for the purpose  ever she went out (Dion Cass. xlvii. 19), and the
of conveying a fluid from one place to another. He  honour of one or two lictors was usually granted
examined by a hydrostatic balance (libra aquaria) to the wives and other female members of the Imthe relative heights of the places from and to which  perial family.. (Tacit. Ann. i. 14, xiii. 2.)
the water was to be conducted.  Some persons at    There were' also thirty lictors called Lictores
Rome made this occupation their business, and  Cariati, whose' duty it was to summon the curiae
were engaged under the curatores aquarum, though  to the comitia curiata; and when these meetings
architects were also expected to be able to act as became little more than a form, their suffrages
libratores. (Plin. Epist. x. 50; Frontin. de Aquaed. were represented by the thirty lictors.  (Gell. xv.
105; compare Vitruv. viii. 6; Cod. 10. tit. 66. 27; Cic. Aq4.; ii. 12; Orelli, Inscr. 2176, 2922,
s. 1.)                                           3240.)
2. Libratores in, the' armies were probably sol-    LIGO  (aKcexxa or /ceAiXXa) was a hatchet
diers who attacked the enemy by hurling with  formed eith er of one broad iron or of two curved
their own hands (libsrando) lances or spears against iron prongs,. whic-h  was used by the ancient husthem. (Tacit. Ann. ii. 20, xii. 39; ink both these  bandmen to clear the fields from weeds. (Ovid, ex
passages some MSS. have libritores.)  Lipsius (ad  Pont. i. 8. 59; Mart. iv. 64; Stat. Tlheb. iii. 589;
Tacit. Ann. i. c.) thinks that the libratores were Colum. x. 89.) The ligo seems also to have been
men who threw darts or stones against the enemy  used in digging the soil and breaking the clods.
by means of machines, torimients (compare his Po- (Hor. Care,.  iii. 6. 38, Epist. i. 14. 27; Ovid,
liorcet. iv. 3).. But this supposition can scarcely  Amor. iii. 10. 31; compare Dickson, On the Husbe supported by any good authority.  During the  bandry of the Ancients, i. p. 41.5.)  [L. S.]
time of the republic libratores are not mentioned    LI'GULA, a Roman measure of fluid capacity,
in the Roman avsmies.                 [L. S.]   containing onefdsa-rth of the CYATHUS. (Columella,
LI'BRIPENS.  [MANCIPATIvo.]                    R. R. xii. 21; Plin, H. N. xx. 5. s. 18.)
LIBURNA, LUTBU'RNICA.  [NAyIS.]                  it signifies' a spoonful, like cochlear; only the
LICHAS (tXxds).  [PEs.]                        ligula was larger than the coc/dear.  The spoon
LI'CIA, LICIATO'RIUM.  [TELA.]                 which was called liguqla, or lingula (dim. of linLICTOR, a public officer, who attended on the gun) from its shape,. was used for various purposes,
chief Roman) magistrates.  The number which  especially to clean out small and narrow vessels,
waited on the different magistrates is stated in the  and to eat jellies and suclh things. (Cato, R. R.
article FA-sc~E.                                 84; Colum. ix. 5; PIin H. N. xxi. 14. s. 49;
The office of lictor is said to have been derived  Martial, viii. 33. 23. 71.. 9, xiv. 120; Becker,
by Romulus from the Etruscans. (Liv. i. 8.)  The  Gallus, ii. p. 156.)  The word is also used for the
etymology of the name is doubtful; Gellius (xii. leather tongue of a shoe (Pollux, ii. 109, vii. 80;
3) connects it with the verb ligare, because the  Festus s. v.).                       [P. S.]
lictors had to bind the hands and feet of criminals    LIMA, a file, was made of iron or steel, for the
before they were punished.  The lictors went be- purpose of polishing metal or stone, and appears to
fore the magistrates, one by one in a line; he who  have been of the same form  as the instruments
went last or next to the magistrate was called  used for similar purposes in modern times.  (Plin.
peroximuis lictor, to whom the magistrate gave his H. N. xxxvii. 8. s. 32, ix. 35. s. 54, xxviii. 9. s. 41;
commands (Liv. xxiv. 44; Sall. Jug. 12; Cic. Plant. Menaech. i. 1. 9.)                 [L. S.]
Verr. v..54, de Div. i. 28; Orelli, Inser. 3218),    LIMBUS  (7rapvuq)), the border of a tunic
and as this lictor was always the principal one, we  (Corippus, de Laud. Just. ii. 117) or a scarf. (Virg.
zz2




708        LITIS CONTESTATIO.                                  LITIS CONTESTATIO
Aen. iv. 137; Serv. in loc.)  This ornament, when  from the use of the words contestatio and testatio
displayed upon the tunic, was of a similar kind  in a similar sense in other passages (Dig. 28. tit. ].
with the CYCLAS and INSTITA (Servius in Virg. s. 20; Ulp. 1Frag. xx. s. 9) that this contestatio was
Aen. ii. 616), but much less expensive, more corn-  the formal termination of certain acts of which the
mon and more simple.  It was generally woven in  persons called to be witnesses were at some future
the same piece with the entire garment of which it  time to bear record.  Accordingly the Contestatio,
formed a part, and it had sometimes the appear-  spoken of in the passage of Festus, must refer to
ance of a scarlet or purple band upon a white  the words ordinate judicio, that is,.to the whole
ground; in other instances it resembled foliage  business that has taken place In Jure and which is
(Virg. Aen. i. 649; Ovid, MSet. vi. 127), or the  now completed.  This interpretation seems to be
scrolls and meanders introduced *in architecture.  confirmed by the following considerations.
A very elegant effect was produced by bands of    WTrhen the Legis Actiones were in force, the
gold thread inlterwoven in cloth of Tyrian purple  procedure consisted of a series of oral acts and.(Ovid, Met. v. 51), and called Alpoi or leria.  pleadings.  The whole procedure, as was the case
(Festus, s. v.; Brunck, Anal. i. 483.)  Demetrius  after the introduction of the Formulae, was divided
Poliorcetes was arrayed in this manner (Xpv(uo- into two parts, that before the Magistratus or In
reapvpoir  dXoupysL, Plut. Deniet. 41).   Virgil Jure, and that before the Judex or In Judicio.
(Aenz. v. 251) mentions a scarf enriched withll gold, That before the Magistratus consisted of acts and
the border of which was in the form of a double  words bythe parties, and by the Magistratus, the
meander.  In illustration of this account examples  result of which was the determination of the form
of both the single and the double meander are in- and msanner of the future proceedings In Judicio.
troduced at the top of the annexed woodcult.  The  When the parties appeared before the Judex, it
other eight specimens of limbi are selected to show  would be necessary for him to be fully informed of
some of the principal varieties of this ornament, all the proceedings In Jure: this was effected in
which present themselves on Etruscan vases and. later times by the Formula, a written instrument
other works of ancient art.                        under the authority of the Praetor, which contained
the result of all the transactions In Jure in the;______________;____    w e PIi       ~~1    no evidence of any such written instructions having
il[._ —--— Q __._l___ _                  i       been used in the time of the Legis Actiones;
_ —__-:__   _ - _ A _ ____ 3.                 and this nlust therefore have been effected in some
other way.  The Litis Contestatie then may be
}3~-5: i                    II hT uIr nk I-J I   thus explained: the whole proceedings In Jure
c:        ~        E )2))i.5''SItook place before witnesses, and the Contestatio
was the conclusion of these proceedings; and it
e  ~ ~ ~~* o o....a e   Vwas the act by which the litigant parties called on
______ _....;.......  the witnesses to bear r cord before the Judex of
what had taken place In Jure.
AiT.......  I This, which seems a probable explanation of the.__.__._*_ _ IiW L iJ I original meaning of Litis Clontestatio, may be compared to some extent with the apparenltly original
sense of Recorder and Recording in English lawsv.
(itZ          c@i(Qi)y@   (Penny Cyclopeedia, art. Recorder.)
WEVhen the Formula was introduced, the Litis
Contestatio would be unnecessary, and there apThe use of the limbus was almost confined to  pears no trace of it in its original sense in the clasthe female sex among the Greeks and Romans; sical jurists.  Still the expressions Litis Contestatio
but in other nations it was admitted.into the dress  and Lis Contestata frequently occur in the Digest,
of men likewise.                                   but only in the sense of the completion of the
An ornamental band, when used by itself -as a  proceedings In Jure, and this is the meaning of
fillet to surround the temples or the waist, -was also  the phrases, Ante litein contestatanm, Post litein
called limbus. (Stat. Tlheb. vi. 367, Achill.;ii. 176;  contestatam.  (Gaius, iii. 180, iv. 114.)  The exClaud. de Cons. lI/eallii Tleodl. 118.)  Probably the  pression Lis Contestata in a passive sense is used
li/f)bOlE'ii mentioned by Plautus (Auldl. iii. 5. 45), by Cicero (pro Rose. Corn. c. 11, 12, pro Flceco,
were persons employed in making bands of this  c. 11, and in the Lex Rubria of Gallia Cisalpisna,
description.                           [J. Y.]    col]. i. 1. 48, " quos inter id judicium accipietur leisve
IIMEN.  [JANUA.]                                 contestabitur "). As the Litis Contestatio was oriLINTEA'NMEN, LI'NTEUM.  [PALLrusr.   i ginally and properly the termination of the proLITHOSTRO'TA.  [Dolmus; PICTTJRA sub  ceedings In Jure, it is easily conceivable that after
fin.)                                              this form had fallen into disuse, the name should
LITTS  CONTESTA'TIO.  " Conltestari "' is  still be retained to express the conclusion of such
when each party to a suit (uterque reus) says, proceedings.  When the phrase Litem Contestalri
"Testes estote."  Two or more parties to a suit occurs in the classical jurists, it can mean nothing
(adversarii) are said contestari litem, because when  more than the proceedings by which the pasrties
the Judicium  is arranged (ordinato j.udicio) each  terminate the procedure In Jure and so prepare the
party is accustomned to  say,'" Testes  estote."  matter in dispute for the investigation of the Judex.
(Festus, s. v. Contestari.)  The Litis Contestatio    It appears from the passage in Festus that the
was therefore so called because persons were called  phrase Contestari litem  was used, because the
on by the parties to the suit to' bear witness,"  words C" Testes estote " were uttered by the parties
" to be witnesses."  It is not here said what they  after the Judicium  Ordinatum.  It was therefore
were to be witnesses of, but it may be inferred  the uttering of the words " Testes estote " which




LITRA.                                             LITUUS.                    709
gave rise to the phrase Litis Contestatio; but this  Italian neighblours, making their obol to answer to
does not inform  us what the Litis Contestatie  the libcra, under the name of ALrpa.  In the same
properly was.  Still as the name of a thing is de. way a Corinthian stater of ten obols was called in
rived from  that which constitutes its essence, it  Syracuse a   edtixdTpoP, or piece of tell litras.
may be that the name here expresses the thing, that  (Aristot. ap. Polleux, iv. 24, 173, ix. 6, 80; Miiller,
is, that the Litis Contestatio was so called, for the  Dor. iii. 10. ~ 12.)  See NvusIsus and PONDERA.
reason which Festus gives, and that it also consisted,    The cotyla, ntsed  for measuring oil, which is
in the litigant parties calling on the witnesses to  mentioned by Galen [COTYLA], is also called by
bear record.  But as it is usual for the whole of  him Airpa.  Here the word is only a Greek form
a thing to take its name from some special part, so  of libra. [See LIBRA, subfin.]          [P. S.]
it Imay be that the Litis Contestatio, in the time of    LI'TUUS.   Miiller (Die Etrzusker, iv. 1. 5)
the Legis Actiones, was equivalent to the whole  supposes this to be an Etruscan word signifying
proceedings in Jure, and that the whole was so  crooked.  In the Latin writers it is used to denote
called from that part which completed it.              1. The crooked staff borne by the augurs, with
The time when the proper Litis Contestatio fell  which they divi.ded the expanse of heaven when
into disuse cannot be determined, though it would  viewed with reference to  divination  (tespplum),
seem  that this must have taken place with the  into regions (seqiones); the number of these acpassing of the Aebutia Lex and the two Leges  cording to the Etruscan discipline, being sixteen,
Juliae which did away with the Legis Actiones,  according to the Roman practice, four. (Muller, iii.
except in certain cases.  It is also uncertain if the  6. 1; Cic. de Div. ii. 18.) Cicero (de Div. i. 7) deproper Litis Contestatio still existed in those Legis  scribes the litisus as " iicurvum et leviter a summon
Actiones, which were not interfered with by the  inflexum bacillum;"  and Livy (i. 18) as " bacuLeges above mentioned; and' if so, whether it ex-  lum sine nodo aduncum." It is very frequently existed in the old form or in a modified shape.       hibited upon works of art.  The figure in the
This view  of the matter is by Keller, in his  middle of the following illustrations is from a most
treatise'" Ueber Litis Contestation uid Urtheil  ancient specimen of Etruscan sculpture in the posnach Classischen  Rimischen Rechit," Ziirich, 11827. session; of Inghirmni (lIonumnzesti Etruschi, tom.
Other opinions are noticed in his work.  The  vi. tar. P. 5. 1), representing an augur; the two
author labours particularly to show  that the ex-  others are Romain denarii.
pression Litis Contestatio always refers to the proceediiigs In Jure,and never to those In Judicio.       /        \
Savigny (Systeii:, &c. vi. ~ 256-279) has also      z       A  
fully examined the Litis Contestatie.  He shows              
that in the  Extraordiisaria Judicia [JUDICUmI]          r              i    C 
which existed at the same time with the process of   \-  
thle formula, and in which these was neither Judex  -
nor formula, and in whiclh the whole legal dispute
was conducted before a magistratus, the Litis Contestatio means the time when the parties had fully
declared their several claims and answers to such
claims before the magistratus.  This was substantiallv the samle as the Litis Contestatio, and the
difi-frerince lay simply in the external form.  (Comp.
Cod. 3. tit. 9. s. I, Rescript of Severus and Anto-                              I 
nillus.)  At a lhter period, when all actions had                                        S _ \
beconle chmangedC into extraordinaria judicia, that
vwhich was before the exceptionl nowv  becrme the    2.    sort of trumpet slightly curved at the exrulec, and Lis Contestata in the system  of Jus-  tremity. (Festus, s. v.; Gell. v. 8.) It differed both
tiian consisted in the statements made by the  from the tuba and the cornz (Hor. Carm. ii. 1. 17;
parties to a suit hefore the magistrate respecting    1,ucan, i. 237), the former being straight while the
the claim or demand, and the answer or defence to  latter was bent round into a spiral shape. Lydus (de
it. WThen this was done, the cause was ready for  Aleens. iv. 50) calls the lituus the sacerdotal trumpet
hearing.                                [G. L.]    ([epaTIlmCv   andAryya), and says that it was emLI'1'RA  (Xirpa), a word which was used by  ployed by Romulus when he proclaimed the title
the Greeks of Sicily) in their system  of weights  of his city.  Acro (ad Hoe-at. Cs rm. i. 1. 23) asand money, and which occurs as early as in the  serts that it was peculiar to cavalry, while the
fragmnelts of Simonides aid Epicharmus, is evi-  tuba belonged to infantry.  Its tones are usually
dently another form of the Italian word libra, as  cliaracterised as harsh and shrill (stridor litoosn,
we are told by Festus (s.v. Lees, "Airpa enim   Lucan, i. 237; sonitus aceztos, Ennius, apud Fest.
libra est "). It was the unit of an uncial system   s.; Stat. Tleb. vi. 228, &c.).  See Muller, Die
similar to that used in the Roman and Italian  Etrusker, iv. 1. 5.  The following representation
weights and money [As; LIBRA], its twelfth part is from Fabrett.                                  R.
being  called dysa (the Roman uncia), and six,
five, four, three, and two of these twelfth parts
being denominated respectively zjjixrrpov, 7rev5ToYICoV, rE-rpas, -rp5as, and EiRs.  As a coin, the Xirpa
was equal in value to the A eginetan obol; and hence
the origin of the word may be explained, by supposing that the Greeks of Sicily, having brought
with them the Aeginetan obol, afterwards assimilated their system of coinage to that used by their




-710                LODIXP                                               LOPE.
LIXAE.  [CAL.oNES.]                              83.)  It was also used as a carpet (ancilla lodicu.
LOCA'TI ET CONDUCTI ACTIO.  [Lo- lan  in paviimento diligecter ettendit, Petron. Sat.
c(ATlo.]                                           20).  The Romans obtained these blankets from
LOCAITIO, CONDUICTIO, is one of those  Verona. (Mart. xiv. 152). Their lodix was nearly,
contracts which are made merely by consent, with- if not altogether, the same as the sagulsue worn by
out the observation of any peelh iar form. The con- the Gernanls. (Tac. Gems'l. 6.) [SAGUM.] [J. Y.J
tract might be either a locatio conductio rerum, or    LOGISTAE  (o/yrTaOl). [EUTHYNE.]
a locatio conductio operarum.  In the locatio con-    LOGOGRAPHI (yoypcidapo0), is a name apductio rerum, he who promises tlheuse of the thing, plied by the Greeks to two distinct classes of
is locator, he who promises to give a sum of money  persons.
for the use is conductor: if the thingis:a dwelling-    1. To the e-alier  Greek historLans previous to
house, the conductor is called inquilinus; if it is Herodotus, though Tlhucydides (i. 21) applies the
cultivable land, he is called colonus.  The locatio name logographer to all historians previous to himconductio operarum consists either in giving certain  self, and thus includes Heirodotts among the numservices for a fixed price, or giving that which is ber.  The Ionians were the first of the Greeks
the result of labour, as an article of furniture, or a  who cultivated history; and the first logographer,
house.  He for whom  the service is done, or the  who lived about Olymnp. 60, was Cadmus, a native
thing is made, is called locator: he Who under- of Miletus, who wrote a history of the foundation
takes to produce the thing is conductor or redemp- of his native city.  The characteristic feature of all
tor.  (Hor. Carm. iii. 1.)                         the logographers previous to Herodotus is, that
The determination of a fined price or sum  of they seem  to have aimed more at amusing their
money (meirces, pensio) is an essential part of the  hearers or readers tian  at imparting accurate
contract.  When lands were let, the merces might historical knowledge.  They described in prose the
consist in a part of the produce.  (Dig. 4. tit. 65. mythological subjects and traditions which had
s. 21.)  When the parties have agreed about the  previously been treated of by the epic and espeobject and the price, the contract is completed; and  cially by the cyclic poets. The omissions in the narthe parties have severally the actiones locati et con- ratives of their predecessors were probably filled up
ducti for enforcing the obligatio.  (Dig. 19. tit. 2.) by traditions derived from other quarters, in order
This being the nature of the contract of locatio  to produce, at least:ih form, aoennected history. In
et conductio, it was a matter of doubt sometimes many cases they were mere collections of local and
whether a contract was locatio et conductio or genealogical traditions. (Thirlwall, Iist. of Greece,
something else: when a man made a pair of shoes ii. p. 127, &c. * MUller, Iist. of Greek Lit. i. p.
or suit of clothes for another, it was doubted whether 206, &c.; XWachsmuth, Haelles. Altertl. ii. 2. p.
the contract was emtio et venditic,, or locatio et con- 443, &c.)
ductio. The better opinion, and that which is con-    2. To persons who wrote judicial speeches or
formable to the nature of the thizg, was -that if a man  pleadings zand sold them  to those who were in
furnished the materials to the ta'ilor or:hoemaker, want of them. These persons were called Aoit was a contract of locatio etcod-tectio: if the tailor  yosrotol as well as AosyoTypdo..  Antiphon, the
or shoemaker furnished the materials, it was a con-  orator, nvas the first who practised this art at
tract of emtio et venditio.  (Gaius, iii. 142, &c.; Athens, towards the close of the Peloponnesian
inst. 3. tit. 24. s. 3, 4.)  A doubt also arose.as to  war.  (Plut. Pit. Dec. O-rat. p. 832, ed. Frankf.;
the nature of the contract when a thing was given  Aristot. Rhet. i. 33.)  After this tinle the custom
to a man to be used, and he gave the lender another of making and selling speeches became very general,
thing to be used.  Sometimes it was doubted  and though the persons who practised it were not
whether the contract was Locatio  et;Conductio  very highly thought of and placed on a par with
or Emtio et Venditio; <as in the ease where a  the sophists (Demlosth. de Ials. Leg. pp. 417, 420;
thing was let (locata) for ever, as -was done with  Plant. Pseedr. p. 257, c; Anaxim. Rliet. xxxvi. 22
lands belonging to municipia, which wr'e let on   and 24; compare Plat. Egtlyde7m,  p. 272, a, 289,
the condition that so long as the rent (vectigal)  d, 305, a), yet we find that orators of great merit
was paid, neither the conductor nor his heres  did not scruple to write speeches of various kinds
could be turned out of the land: but the better for other persons.  Thus Lysias wrote for others
opinion was in favour of this being a contract of numerous XAyovs Els  1icacrt-pti rTE    aae eovXs rcal
Locatio et Conductio. [EMPHYTEUSIS.]  [G. L.] Irpbs dir  — las 6EEOV'iUs, and besides 7ras?7'yvpLLOCHUS (XAXos).  1. Spartan [see p. 483]. i cos, EpwrrKors, and urr-'roXucovSs. (Dionys. Hal.
2. Athenian [p. 486.1.  3. MIacedonian [p. 488].  Lys. p. 82, ed. Sylburg; compare Meier and Schbm.
LO'CULUS.  [FuNUS, p. 559., b.]                 Att. Proc. p. 707.)                     [L. S.]
LOCUPLE'TES   or ASSI'DUI, was  the    LOIDORIAS DIKE  (Xos3opias Bif)  [KIAname of the Roman citizens who were included in IKEGORIAs DIKE.]
the five classes of the Servian constitution, and.   LONCHE  (Xd6yXu). [HASTA.]
was opposed to the Prolelarii.   The term assi-    LOPE  (Xirulq, also XcArros, dim. XAc7rto), the
dui seems to have been the older appellation; but ancient Greek name of the ArICTUS, whether
the etymology of both words is very uncertain. consisting of the hide of an animal or of cloth.
(Cic. Top. 2, de Rep. ii. 22; Plin. H. NV. xviii. 3; Having fallen into disuse as a colloquial or prosaic
Festus, s. vv. Assiduus, Locapletes; Becker, RMm.  term  (Phryn. Eel. p. 461, ed. Lobeck), it was reAlterth. vol. ii. pt. i. pp. 211, 212.)           tained, though employed very sparingly, by the
LODIX, dim. LODI'CULA (aloyiiov), a small poets. (Hom. Od. xiii. 224; Apoll. Rhod. ii. 32;
shaggy blanket.  (Juv. vii. 66.)  Sometimes two  Schol. in loe.; Anacreon, Frag. 79; Theocrit.
lodices sewed together were used as the coverlet of xiv. 66; Brunck, Anal. i. 230, ii. 185.)   We
a bed. (Mart. xiv. 148.)  The Emperor Augustus  also find it retained in A;nroaSrVs, literally onse
occasionally wrapt himself in a blanket of this de- wnzo puts on the anicezts, a term properly applicable
scription on account of its warmth. (Sueton. Aug. to those persons who frequented the thersmae in




LORICA.                                            LORICA.                   711
order to steal the clothes of the bathers (Sch-l. in  supposed to have been worn over the breast, and
Itonm. 1. c.), but used in a more general sense to  the other over the back, so as to leave two vacant
denote thieves and highwaymen of all classes.  spaces for the arms.
From the same root was formed the verb  ekwcXri-    This invention no doubt preceded the metallic
Ae,L, meaning, to take off the amictus, to denude.  scale armour.  The Rhoxalaini, a tribe allied to
(Soph. Trachin. 925.)                  [J. Y.]    the Sarmatians, defended themselves by wearing a
LOPHOS (Xo'pos).  [GALEA.]                      dress consisting of thin plates of iron and hard
LORA'RII.   [FLAGRUM.]                          leather, (Tacit. tlist. i. 79.)  The Persians wore a
LORI'CA  (Ucipae), a cuirass.  The epithet tunic of the same description, the scales being
XlvoO&prqS, applied to two light-armed warriors in  sometimes of gold (Herod.:ii. 61; *&prWlca XpUthe Iliad (ii. 529, 830; Schol. ad loc.), and op-  eeov AxessrEord', ix. 22); but they were commonly
posed to XaXAoeXi7wo, the common epithet of the  of bronze (tloraca in dutzs aigsis squamis, Virg. Aen.
Grecian soldiers, indicates the early use of the  xi. 487).  The basis of the cu irass was sometimes
linen cuirass.  It continued to be worn to much  a skin, or a     iece of strong linen to which the
later times among the Asiatics, especially the Per- metallic scales, or'"feathers " as they are also
sians (Xen. Cyrop. vi. 4. ~ 2; Plot. Alex. p. 1254, called, were sewed.  (Virg. _4e. xi. 770; Serv.
ed. Steph.), the Egyptians' (Herod. ii. 182, iii. in loc.; Justin, xli. 2. 10.)
47), the Phoenicians (Panus. vi. 19. ~ 4), and the    The epithet XeArrtoT's, as applied to a thorax,
Chalybes.  (Xen. Arab. iv. 7. ~ 15.)  Iphicrates  is opposed to the epithet poXL18eTrds.  (Arrian,
endeavoured to restore the use of it among the  Tact. p. 13, 14.)  The former denotes a similitude
Greeks (Nepos, Ipieic. i, 4), and it was occasion-  to the scales of fish (XEsrioLv), the latter to the
ally adopted by the Romans, though considered a  scales of selRpents (poXia'v).  The resemblance to
much less effectual defence than a cuirass of metal. the scales of serpents, which are long and narrow,
(Sueton. Galba, 19; Arrian, Tact. p. 14, ed. is exhibited on the shoulders of the Roman soldier
Blancardi.)                                       in the woodcut at page 136.  These scales were
A much stronger material for cuirasses was horn, imitated by long flexible bands of steel, made to
which was applied to this use more especially by  fold onIe over another according to the contraction
the Sarmatae and  Quadi, being cut into small of the body.  They appear very frequently on the
pieces, which were planed and polished and fas-  Roman monuments of the times of the emperors,
tened, like feathers, upon linen shirts.  (Amm.  and the following woodcut places in immediate
Marcell. xvii. 12. ed. Wagner.)  Hoofs were em-  contrast a;Stpa  XenrtswcOrd     on the right and
ployed for the same purpose.  Pausanias (i. 21.  (poXLiwros on the left, both taken from Bartoli's
~ 8) having made mention of a thorax preserved  Arcus Triumnhales,
in the temple of Aesculapins at Athens, gives the
following account of the Sarmatians:-  Having
vast herds of horses, which they sometimes kill
for food or for sacrifice, they collect their hoofs,
cleanse and divide them, and shape them  like the
scales of a serpent (qoMit-w); they then bore them
and sew them  together, so that the scales overlap
one another, and in general appearance they resemble the surface of a green fir-cone. This author
adds, that the loricae made of these horny scales
are much more strong and  impenetrable than
linen cuirasses, which are useful to hunters, but
not adapted for fighting.  The annexed woodcut,                
taken from Meyrick's Critical Inquiry into Ancient
Armour (plate iii.) exhibits an Asiatic cuirass exactly corresponding to this description.  It consists                   _. 
of slices of some animal's hoof, which are stitched
together, overlapping each other in perpendicular
rows, without being fastened to any under gar-    The Roman hastati wore cuirasses of chain-mail,
ment.  The projection nearest the middle must be  i. e. hauberks or habergeons (ah&vsJrTobs &6&paaeas, Polyb. vi. 21; Athen. v. 22; Arrian, 1. c.).
Virgil several times mentions hauberks in which
the rings, linked or hooked into one another, were
of gold (loricacn consesfami 7lamis, auroque trilicem,
B  Virg. Aen. iii. 467, v. 259, vii. 639).
In contradistinction to the flexible cuirasses, or
coats of mail, which have now been described, that
commonly worn by the Greeks and Romans, more
especially in the earlier ages, was called  &cpa,
Ftrci'is, or Wrards, because, when placed upon the
ground on its lower edge, it stood erect.  In consequence of its firmness it was even used as a seat
to rest upon.  (Paus. x. 27. ~2.)  It consisted
principally of the two yaxa, viz. the breast-plate
(pector'ale) made of hard leather or of bronze, iron,
or sometimes the more precious metals, which
covered the breast and abdomen (Hom. Il. v. 99,
xiii. 507, 587, xvii. 314); and of the correspondzz 4




712                LORICA.                                            LORICA.
ing plate which covered the back. (Paus. x. 26. 2; ceived in the representation of them  in the woodIoin. II. xv. 530.)   Both of these pieces were  cuts at pages 135, 196.  The two figures here
adapted to the form of the body, as may be per-  introduced are designed to show the  usual dii.
ference of form  and appearance between the an. each side of the breast.  The most beautiful spe.
tique Greek thorax and that worn by the Roman  cimens of enriched bronze shoulder-bands now in
emperors and generals.   The right.hand  figure  existence are those which were found A. n. 1820,
is from one of Mr. Hope's fictile vases (Costusmes  near the river Siris in S. Italy, and which are preof the Ancients, i. 102), and bears a very strong  served in the Briti.h Museum. They were originresemlblance to a Greek warrior painted on one of ally gilt, and represent in very salient relief two
Sir W. Hamilton's (i. 4).  The figure on the left  Grecian heroes combating two Amazons. They are
}-and is taken from  a marble statue of Caligula  seven inches in length, and belong to the descripfound at Gabii.  (Visconti, Mlon. Gab. No. 38.)  tion of bronzes called epya  upvp1XaTa, having been
T'he gorgon's head over the breast, and the two  beaten iito form with wonderful skill by the hamgriffins underneath it, illustrate the style of orna-  mer. Brondsted (Bronzes of Siris, London, 1836)
sment which  was common in the same circusm-  has illustrated the purpose which they served, by
stances. (Mart vii. 1. 1-4.) [AEGIS.]  The ex. showing them  in connection with a portion of anecution of these ornaments in relief wvas more  other lorica, which lay upon the shoulders behind
esp cially the work of the Corinthians. (Cic. Verr.  the neck.  This fragment was found in Greece.
iv. 44.)                                           Its hinges are sufficiently preserved to show most
The two plates were united on the right side of distinctly the manner in which the shoulder-bands
the body by two hinges, as seen in the equestrian  were fastened to them (see woodcut).
statue of the younger Balbus at Naples, and in
various portions of bronze cuirasses still in existence. On the other side, and sometimes on
both sides, they were fastened by means of buckles
(Orepdvai, Paus. I. c.).  [FmIBLA.]  In Roman                =
statues we often observe a band surrounding the  ]_:                [
waist and tied before.   The breastplate and the'-.-V|
leathern straps passing over the shoulders, and fast-''   \ 
ened in front by means of buttons or of ribands                            I 
tied in a bow.  In the last woodcut both of the
connecting ribands in the right-hand figure are                                         I
tied to a ring over the navel.  The breast-plate of               /
Caligula has a ring over each breastj designed to         /
fulfil the same purpose.
Bands of metal often supplied the place of the
leathern straps, or else covered them  so as to be-    "Around the lower edge of the cuirass," obcome very ornamental, being terminated by a lion's  serves Briindsted, " were attached straps, four or
head, or some other suitable figure appearing on  five inches long, of leather, or perhaps of felt, and




LUCE1RNA.                                            LUCTA.                    713
covered with small plates of metal.- These strap 
served in part for ornament, and partly also to protect the lower region of the body in concert with
the belt ( rv-/q) and the band (stlf4pa).  They are
well shown in the preceding figure of Caligula.
Instead of the straps here described, which the'
Greeks called r'rspvoyes  (Xen. de Re Equest. xii.
4), the Chalybes, who were encountered by Xenophon on his retreat (Aeab. iv. 7. ~ 15), had in the                      f  4:'same situation a kind of cordage.  Appendages of
a similar kind were sometimes fastened by hinges
to the lorica at the right shoulder, for the purpose.        _  _'____
of protecting the part of the body which was exposed by lifting up the arm in throwing the spear
or using the sword.  (Xen. de Re Equzest. xii. 6.)
Of Grecian cuirasses the Attic were accounted
the best and most beautiful.  (Aelian, V. H. iii.
24).  The cuirass was worn universally by the
heavy-armed infantry and by the horsemen, except that Alexander the Great gave to the less    The lamps sometimes
brave of his soldiers breast-plates only, in order  hung in chains from  the
that the defenceless state of their backs might  ceiling of the room (Virg.
decrease their propensity to flight.  (Polyaen.  Aen. i. 726; Petron. 30),
iv. 3. 13.) These were called half-cuirasses (77uL0ca-  but generally stood upon a
pa~ba).  The thorax was sometimes found to be  stand. [CANDELABRUM.]
very oppressive and cumbersome.  (Tac. Ann. i. Sometimes a figure holds
64.)                                   [J. Y.]    the lamp, as in the anLORI'CA, LORICAITIO,  in  architecture.  nexed  woodcut (Mlssuseo
[MuRvs; TECTORIUM OPUS.]                           Bcrbon. vol. vii. pl. 15),
LOUTRON  (XourpO').  [BALNEAE.]                  which also exhibits the
LUCAR.  [HISTrIO, p. 613, a.]                    needleorinstrumentwhich
LU;CERES.  [PATRsCII.]                          served to trim  the wick, 
LUCERNA (AXVXos), an oil lamp. The.Greeks  and  is attached to  the
and Romans originally used candles; but in later  figure by means of a chain.
times candles were chiefly confined to the houses  (Comp. Virg.  aloret. 11. 
of the lower classes.  [CANDELIA.]   A  great  I" Et producit ace stupas
number of ancient lamps has come down to us; humore carentes.")
the greater part of which are made of terra cotta    We read of lucernae euc
(rpox?1'aroc, Aristoph. ESccl. 1), but also a con-  bzcealares, IalEeares, triclisiderable number of bronze.  Most of the lamps  niares,seulcorales, &c.; but
are of an oval form, and flat upon the top, on which  these names were  oinly
there are frequently figures in relief.  (See the  given to the lamps on acwoodcuts, pp. 143, 395, 464.) In the lamps there  count of the purposes to which they were applied,
are one or more round holes according to the num-  and not on account of a difference in shape.  The
ber of wicks (ellychnia) burnt in it; and as these  lucernae ceubiculares were burnt in bed-chambers
holes were called from  an obvious analogy, /zv-  all night. (Mart. xiv. 39, x. 38.)
cKrjpes or uitatl, literally nostrils or nozzles, the  Perfumed oil was sometimes burnt in the lamps.
lamp was also called ilionoxmyos, Dimnyxos, Tri-  (Petron. 70; Mart. x. 38. 9.)
s5y'xos, or Polynmyxos, according as it contained     (Passeri, Lucernae  fictiles; Bittiger Die Silenasolle, two, three, or a greater number of nozzles or  lampen, Amalth, vol. iii. p. 168, &c.; Becker,
holes for thl  wicks.  The following example of a  CGCarikles, vol. ii. p. 215, &c., Gallus, vol. ii. p.
dimzyxcos lucerna, upon which there is a winged boy  201, &c.)
with a goose, is taken from the Museo Borbonico,      LUCTA,  LUCTA'TIO   (erdAT, 7radLatoa,
vol. iv. pl. 14.                                   7raeaeiuors'ojy,1 or tcaraTAATrrtic), wrestling.  The
word 7rcdhA is sometimes used in a wider sense,
embracing all gymnastic exercises with the excep-..                    tion of dancing, whence the schools of the athletae
were called palaestrae, that is, schools in which
the 7radhA  in its widest sense was taught. (Plat. de
Leg. vii. p. 795; Herod. ix. 33.)  [PALAESTRA.]
There are also many passages in ancient writers in
which 7rdcar and 7raAaleiv are used to designate
any particular species of athletic games besides
wrestling, or a combination of several games. (See
Krause, p. 400. note 2.)
The Greeks ascribed the invention of wrestling
to mythical personages, such as Palaestra, the
The next woodcut, taken fromn the same work  daughter of Hermes (Apollod. ii. 4. ~ 9), Antaeus
(vol. i. pl. 10), represents one of the most beautiful  and Cercyon (Plat. de Leg. vii. p. 796), Phorbas
bronze lamps which has yet been found.  Upon it  of Athens, or Theseus. (Schol. ad Pind.  reme. v.
is the figure of a standing Silenus.               49.) Hermes, the god of all gymnastic exercises,




:71  LIjCTA.                                                          LUDI.
also presided over the i7raci. Theselns is said by  athlete fell, the other allowed him to rise and con.
Pausanias (i. 39. ~ 3) to have been the first who  tinue the contest if he still felt inclined. (Plat. de
reduced the game of wrestling to certain rules, Legg. vii. p. 796; Corn. Nep. Epamn. 2; Lucian,
and to have thus raised it to the rank of an art;  Lexiph. 5.) But if the same athlete fell thrice, the
whereas before his time it was a rude fight, in  victory was decided, and he was not allowed to go
which bodily size and'strength alone decided the  on. (Senec. de Beneft v. 3; Aeschyl. Agam.. 171
victory.  The most celebrated wrestler in the  Anthol. Gr. vol. ii. p. 406, ed. Jacobs.)  The
heroic age was Heracles.  In the Homeric age  &            wAIvSrLs was only fought in later times, at the
wrestling was much practised, and a beautiful de-  smaller games, and especially in the pancratium.
scription of a wrestling match is given in the Iliad  The place, where the wrestlers contended, was ge(xxiii. 710, &c.; compare Od. viii. 103, 126, 246; nerally soft ground, and covered with sand. (Xen.
Hesiod, Scul. Hlerec. 302, where!'dXetv  A Xruclv   Anab. iv. 8. ~ 26; Lucian, Anach. 2.) Effeminate:signifies the rdxc ),.  During this period wrestlers  persons sometimes spread large and magnificent
contended naked, with the exception of the loins, carpets on the place where they wrestled. (Athen.
which were covered with the 7repi/uea (11. xxiii. xii. p. 539.)  Each of the various tribes of the
700), and this custom remained throughout Greece  Greeks seem to have shown its peculiar and nauntil 01. 15, from which time the perizoma was no  tional character in the game of wrestling in some
longer used, and wrestlers fought entirely naked. particular trick or stratagem, by which it excelled
(Thucyd. i. 6, with the Schol.; Paus. i. 44. ~ 1; the others.
Dionys. vii. 72.) In the Homeric age the custom of   In a diaetetic point of view the aAXv6ar~Ls was
anointing the body for the purpose of wrestling does  considered beneficial to the interior parts of the
not appear to have been known, but in the time of body, the loins, and the lower parts in general,
Solon it was quite general, and was said to have  but injurious to the head; whereas the crdr.n opO*
been adopted by thile Cretans and Lacedaemonians  was believed to act beneficially upon the upper
at a very early period. (Thucyd. I. c.; Plat. de Re  parts of the body.  It was owing to these salutary
Publ. v. p. 452.)  After the body was anointed, it effects that wrestling was practised in all the gymwas strewed over with sand or dust, in order to  nasia as well as in the palaestrae, and that in 01.
enable the wrestlers to take a firm hold of each  37 wrestling for boys was introduced at the
other. At the festival of the Sthenia in Argos the  Olympic games, and soon after in the other
IraAF was accompanied by flute-music. [STHENIA.]  great games, and at Athens in the Eleusinia, and
When two athletae began their contest, each  Thesea also. (Paus. v. 8. ~ 3, iii. 11. ~ 6; Pind.
might use a variety of means to seize his antagonist 01. viii. 68; Gell. xv. 20; Plut. Symp. ii. 5.) The
in the most advantageous manner, and to throw  most renowned of all the Greek wrestlers in the
him down without exposing himself (Ovid. Met. historical age was Milon of Croton, whose name
ix. 33, &c.; Stat. Thleb. vi. 831, &c.; Heliodor. was known throughout the ancient world. (Herod.
Aethliop. x. p. 235); but one of the great objects  iii. 137; Strab. vi. p. 262, &c.; Diodor. xii. 9.)
was to make every attack with elegance and  Other distinguished wrestlers are enumerated by
beauty, and the fight was for this as well as for Krause (p. 135, &ec.), who has also given a very
other purposes regulated by certain laws. (Plat. de minute account of the game of wrestling and every
Leg. viii. p. 834; Cic. Orat. 68; Lucian, Anach. thing connected with it, in his Gymnastikund Agon.
24; Aelian. V. IH. xi. 1.)  Striking, for instance, d. Hell. pp. 400-439.              [L. S.]
was not allowed, but pushing an antagonist back-    LUDI is the common name for the whole variety
ward ((cOetouls) was frequently resorted to. (Plut. of theatrical exhibitions, games and contests, which
Sy/zsp. ii. 5; Lucian, Anucld. 1. 24.)  It is pro- were held at Rome on various occasions, but chiefly
bably on account of the laws by which this game  at the festival of the gods; and as the ludi at cerwas regulated, and the great art which it re- tain festivals formed the principal part of the soquired in consequence, that Plutarch (Symp. ii. 4) lemnities, these festivals themselves are called ludi.
calls it the TEXYic-reva7o, mal iraovpy7-aroup'o'rv  Sometimes, however, ludi were also held in honour
~a0Az ciTrTV,.  But notwithstanding  these laws, of a magistrate or of a deceased person, and in this
wrestling admitted of greater cunning and more  case the games may be considered as ludi privati,
tricks and stratagems than any other game, with  though all the people might take part in them.
the exception of the pancratium (Xen. Cyrop. i. 6.    All ludi were divided by the Romans into two
~ 32); and the Greeks had a great many technical classes, viz. ludi circeenses and ludi scenici (Cic. de
terms to express the various stratagems, positions, Leg. ii. 15), accordingly as they were held in the
and attitudes in which wrestlers might be placed. circus or in the theatre; in the latter case they
Numerous scenes of wrestlers are represented on  were mostly theatrical representations with their
ancient works of art.  (Krause, p. 412, &c.; see  various modifications; in the former they consisted
woodcut in PAINCRATIUAI.)                        of all or of a part of the games enumerated iii the
The contest in wrestling was divided by the an- articles CIRcus and GLADIATORES.  Another dicients into two parts, viz. the ercArl opOBi or pOla  vision of the ludi into stati, iumperativi, and votivi,
(ipOo'da38hv craXaaLeIV), that is, the fight of the  was made only with regard to religious festivals,
athletae as long as they stood upright, and the  and is analogous to the division of the feriae.
ax&Mi'v ~is or Icvxlsrs (lucta voluzttoria), in which  [FERIAEx.]
the athletae struggled with each other while lying    The superintendence of the games and the soon the ground. Unless they contrived to rise again, lemnities connected with them  was in most cases
the a&ximvanois  was the last stage of the contest, intrusted to the aediles. [CADILEs.]  If the lawwhich continued until one of them acknowledged  ful rites were not observed in the celebration of the
himself to be conquered.  The 7rdArj ip6'7  appears ludi, it depended upon the decision of the pontiffs
to have been the only one which was fought in the  whether they were to be held again (instauurari) or
times of Homer, as well as afterwards in the great not.  An alphabetical list of the principal ludi is
national games of the Greeks; and as soon as one subjoined.                             [L. S.]




LUDI CAPITOLINI.                                  LUDI FUNEBRES.                 715
LUDI APOLLINA'RES  were instituted at mean that they were to be patricians.  (Liv. v. 50,
Rome during the second Punic war, four years after 52.)  These priests were called Capitolini.  (Cic.
the battle of Cannae (B. c. 212), at the command of ad Quint. Frat. ii. 5.)  One of the amusements at
an oracle contained in the books of the ancient the Capitoline games, a solemnity which was obseer Marcius (carninia Mcc3rciana, Liv. xxv. 12; served as late as the time of Plutarch, was that a
Macrob. Sat. i. ] 7).  It was stated by some of the  herald offered the Sardiani for public sale, and
ancient annalists that these ludi were instituted for that some old man was led about, who, in order to
the purpose of obtaining from Apollo the protection  produce laughter, wore a toga praetexta, and a
of human life during the hottest season of -summer; bulla puerilis which hung down from  his neck.
but Livy and Macrobius adopt the account founded  (Plut. Quaest. Roma. p. 277; Fest. s. v. Satrdi
upon the most authentic document, the carmina  vedales, &c.)  According to some of the ancients
Marciana themselves, that the Apollinarian games this ceremony was intended to ridicule the Veienwere instituted partly to obtain the aid of Apollo  tines, who were subdued, after long wars with
in expelling the Carthaginians from  Italy, and  Rome, and numbers of whom were sold as slaves,
partly to preserve, through the favour of the god, while their king, represented by the old nlan with
the republic from all dangers. The oracle suggested  the bulla (such was said to have been the costume
that the games should be held every year under of the Etruscan kings), was led through the city
the superintendence of the praetor urhbanus, and  as an object of ridicule.
that ten men should perform the sacrifices accord-    The Veientines, it is further said, were desiging to Greek rites.  The senate complying with  nated by the name Sardiani or Sardi, because they
the advice of the oracle made two senatuscon- were believed to have come from Lydia, the capital
sulta; one that, at the end of the games, the  of which was Sardes. This specimen of ancient etypraetor should receive 12,01i0 asses to be expended  mology,however, is opposedbyanotherinterpretation
on the solemnities and sacrifices, and another that of the origin of the ceremony given by Sinnius Capito.
the ten men should sacrifice to Apollo, according to  According to this author, the name Sardiani or
Greek rites, a bull with gilt horns and two white  Sardi had nothing to do with the Veientines, but
goats also with gilt horns, and to Latona a heifer referred to the inhabitants of Sardinia.  When
with gilt horns.  The games themselves were held  their island was subdued by the Romans in B. C.
in the Circus Maximlus, the spectators were adorned  238, no spoils were found, but a great number of
with chaplets, and each citizen gave a contribution  Sardinians were brought to Rome and sold as
towards defraying the expenses.  (Festus, s. v. slaves, and these proved to be slaves of the worst
Apollinares.)  The Roman matrons performed sup- kind.  (Fest. 1. c.; Aurel. Vict. de Vir. lllusht.
plications, the people took their meals in the pro- c. 57.)  Hence arose the proverb, Sairdi venales;
patuluin with open doors, and the whole day-   aliaus alio nequior (Cic. ad Fasn. vii. 24), and hence
for the festival lasted only one day - was filled up  also the ceremony at the Capitoline games.  At
with ceremonies and various other rites.  At this  what time or at what intervals these ludi were
first celebration of the ludi Apollinares no decree  celebrated is not mentioned.  During the time of
was made respecting the annual repetition sug-  the empire they seem to have fallen into oblivion,
gested biy the oracle, so that in the first year they  but they were restored by Domitian, and were
were simply ludi votivi or indictivi.  The year henceforth celebrated every fifth year under the
after (B. c. 211) the senate, on the proposal of the  name of agones Capitolini. (See Jos. Scaliger,
praetor Calpurnius, decreed that they should be re-  Auson. Lect. i. 10.)               [L. S.]
peated, and that in future they should be vowed    LUDI CIRCENSES ROMA'NI or MAGNI,.
afresh every year.  (Liv. xxvi. 23.)  The day on  were celebrated every year during several days,
which they were held varied every year according  from the fourth to the twelfth of September, in
to circumstances. A few years after, however (B. C. honour of the three great divinities, Jupiter, Juno,
208), when Rome and its vicinity were visited by  and Minerva (Cic. c. Verr. v. 14), or according to
a plague, the praetor urbanus, P. Licinius Varus, others, in honour of Jupiter, Census, and Neptunus
brought a bill before the people to ordain that the  Equestris. They were superintended by the curule
Apollinarian games should in future always be  aediles.  For further particulars see CIRCUS, p.
vowed and held on a certain day (dies status), viz. 286, &c.                            [L. S.]
on the 6th of July, which day henceforward re-    LUDI COMPITALI'CII.  [COMPITALIA.]
mained a dies solennis.  (Liv. xxvii. 23.)  The    LUDI FLORA'LES.  [FLORALIA.]
games thus became votivi et stativi, and continued    LUDI FUNEBRES were games celebrated at
to be conducted by the praetor urbanus.  (Cic. the funeral pyre of illustrious persons. Such gamnes
Phzil. ii. 13.) But during the empire the day of these  are mentioned in the very early legends of the
solemnities appears again to have been changed, history of Greece and Rome, and they continued
for Julius Capitolinus (Mcaxim. et Ballbin. c. 1) as- with various modifications until the introduction of
signs them to the 26th of May.        [L.S.]    Christianity. It was at such a ludus funebris that
LUDI AUGUSTA'LES. [AUcGUSTALES.]   in the year B. C. 264 gladiatorial fights were exLUDI CAPITOLI/NI were said to have been  hibited at Rome for the first time, which henceinstituted by the senate, on the proposal of the  forward remained the most essential part in all
dictator M. Furius Camillus, in the year B.c. 387, ludi funebres.  [GLADIATORES, p. 574, a.]  The
after the departure of the Gauls from Rome, as a  duration of these games varied according to cirtoken of gratitude towards Jupiter Capitolinus,  cumstances.  They lasted sometimes for three and
who had saved the Capitol in the hour of danger. sometimes for four days, though it may be supposed
The decree of the senate at the same time intrusted  that in the majority of cases they did not last more
the superintendence and management of the Capi-  than one day.  On one occasion 120 gladiators
tolinre games to a college of priests to be chosen by  fought in the course of three days, and the whole
the dictator from among those who resided on the  forum was covered with triclinia and tents, in
Capitol and in the citadel (in arce), which can onlly  which the people feasted.  (Liv. xxii. 30, xxxi.




716            LUDI PLEBIEII.                                  LUDI SAECULARES.
50, xxxix. 46; Plin. H.L NT. xxxv. 7.)  It was  Pseudo-Asconius (ad Verr. i. p. 143, Orelli), tile
thought disgraceful for wonlen to be present at gnames which had been instituted in commemoration
these games, and Publius Sempronius separated  of the freedom of the plebeians after the banishhimself from his wife because she had been present ment of the kings, or after the secession of the
without his knowledge at ludi fiunebres.  (Plut. plebes to the Aventine.  The first of these acQuaest. Roem. p. 267, B; Val. Max. vi. 3. ~ 12; counts is not borne out by the history of the ple.
compare Suet. Aug. 44.)  These htdi, though on  beian order, and it is more probable that these
some occasions the whole people took part in them, games were instituted in commemoration of the
were not ludi publici, properly speaking, as they  reconciliation between the patricians and plebeians
were given by private individuals  in honour of after the first secession to the mons sacer, or, actheir relations or friends.  Compare FUNUS, p. cording to others, to the Aventine.  They were
562.                                    [L. S.]    heid on the 16th, 17th, and 18th of November,
LUDI IIONORA'RII are expressly mentioned  and were conducted by the plebeian aediles. (Liv.
only by Suetoniis (Azlg. 32), who states that xxviii. 10, xxxix. 7.)  It is sufficiently clear from
Augiustus devoted thirty days, which had been  the ancient calendaria that the ludi plebeii were
occupied till that time by ludi honorarii, to the  not, as some have supposed, the same as, or a part
transaction of legal business.  What is meant by  of, the ludi Romaini.                    [L. S.]
ludi honorarii, is not quite certain.  According to    LUDI PONTIFICA'LES were probably noFestus (s. v. Honorarios ludos) they avere the same  thing but a particular kind of the ludi honorarii
as the Liberalia.  Scaliger, however, in his note  mentioned above.  They were for the first time
on Suetonius, has made it appear very probable  given by Augustus, when, after the death of Lepithat they were the same as those which Tertullian  dus, he obtained the office of pontifex maximus.
(De Spect. c. 21) says were given for the purpose  (Sueton. Aug. 44.)                     [L. S.]
of gaining honours and popularity, in contradis-    LUDI QUAESTO'RII were of the same chatinction to other ludi which wvere intended either racter as the preceding games.  They were instias an honour to the gods, or as doea for the dead. tuted by the emperor Claudius (Suet. ClLaud. 24;
At the time of Augusstus this kind of ludi which  Tacit. Ainn. ii. 22), who decreed that all who obTacitus (Agqric. 6) seelms to designate by the name  trained the office of quaestor should, at their owen
inania honoris, were so common that no one ob- expense, give gladiatorial exhibitions.  Nero did
tained any public office without lavishing a con- away with this obligation for newly appointed
siderable portion of his property on the exhibition  quaestors (Tacit. Ann. xiii. 5), but it was revived
of games.  Augustus therefore wisely assigned  by Domitian.  (Sueton. Do)zit. c. 4.)    [L. S.]
thirty of the days of the year, on which such    LUDI ROMANT or MAGNI. [MEGALESIA.]
spectacles had been exhibited previously, to the    LUDI SAECULA'1RES.  If we were to judge
transaction of business, i. e. he made these 30 days from  their name, these games would have been.
fasti.  (Compare Ernesti and F. A. Wolf, ad  celebrated once in every century or saeculum; but
Sueton. 1. c.)                          [L. S.]    we do not find that they were celebrated with this
LUDI JUVENA'LES.  [JUVENAL ES.]                  regularity at any period of Roman history, and the
LUTDI LIBERA'LES.  [DIoNzsIAt, p. 414.]   nanme ludi saeculares itself was never used during
LUDI MARTIA'LES were celebrated every  the time of the republic.  In order to understand
year on the first of August, in the Circus, and in  their real character we must distinguish between the
honour of Mars, because the temple of Mars had  time of the republic and of the empire, since at
been dedicated on this day.  (Dion Cass. Ix. 5;  these two periods these ludi were of an entirely
Sueton. Clusd. 4.)  The ancient calendaria men- different character.
tion also other ludi martiales which were held in    During  the time of the republic they were called
the Circus on the 12th of May.          [L. S.]   lzads Tarenltini, Terentini, or Taurii, while during
LUDI MEGALENSES.  [MEGCALESIA.]                 the empire they bore the name of ladi saeculares.
LUDI NATALI'TII are the ganmes with whick  (Fest. s. v. Saecul. ludi and Tatrsii ladi; Val. Max.
the birth-day of anl emperor was generally cele-  ii. 4. ~ 5.)  Their origin is described by Valerius
brated.  They were held in the Circus, whence  Maximus, who attributes their institution to the
they are sometimes called circenses.  (Capitol. Azn- miraculous recovery of three children of one Valetonin. Pius, 5; Spartian. iHaldran, 7.)  They con-  rius, vho had been attacked by a plague raging at the
sistedi generally of fights of gladiators and wild  time in Rome, and were restored to health by drinkbeasts.  On one occasion of this kind Hadriano  ing some wvater warmed at a place in the Campus
exhibited gladiatorial combats for six days, and one  Martius, called Tarentum.  Valerius aftervwards
thousand wild beasts.                   [L. S.]    offered sacrifices in the Tarentum  to Dis and ProLUDI PALATI'NI were instituted by Livi;e  serpina, to whom the recovery of his children was
in honour of Augustus, and were held onI the Paln-  supposed to be owing, spread lectisternia. for the
tine. (Dion Cass. lvi. sub.fin.)  According to Dion  gods, and held festive games for three successive
Cassius they were celebrated during three days, nights, because his three children had been saved.
but according to Josephus (Antiq. Jud. xix. 1) they  The account of Valerius Maximus agrees in the
lasted eioht days, and commenced on the 27th of masin with those of Censorinus (De Die Nat. c. 17)
December.  (See Suet. Calig. 56, with Scaliger's  and of Zosimus (ii. 3), and all appear to have derived
note.)                                  [L. S.]    their information from the ancient annalist, VaileLUDI.PISCATO'RII were held every year on  rius Antias.  While according to this account the
the sixth of June, in the plain on the right bank  Tarentine games were first celebrated by Valerius,
of the Tiber, and were conducted by the praetor  another legend seems to consider the fight of the
urbanus on behalf of the fishermen of the Tiber,  Horatians and Curiatians as connected with their
who made the day a holiday. (Ovid. Fast. vi. 235, first celebration.  A  third account (Festus, s. v.
&c.; Fest. s. v. Piscat. ludi.)         rL. S.]    Tslurii ladii; Serv. ad Aen. ii. 140) ascribes their
LUDI  PLEBE/II  were, according  to  the  first institution to the reign of Tarquinius Superbus.




LUDI SAECULARES.                                           LUDUS.                    717
A fearful plague broke out, by which all pregnant Ithe various solemnities is given by Zosimus. Soire
women were affected in such a manner that the  days before they commenced, heralds were sent
children died in the womb.  Games were then in-  about to invite the people to a spectacle which no
stituted to propitiate the infernal divinities, and  one had ever beheld, and which no one would ever
sacrifices of sterile cows (taureae) were offered tip  behold again.  Hereupon the quindecimviri disto them, whence the games were called ludi Taurii.  tributed, upon the Capitol and the I'alatine, amIong
These games and sacrifices took place in the Circus  the Roman citizens, torches, sulphur, and bitunien,
Flauninius, that the infernal divinities might not by which they were to purify themselves.  In the
enter the city.  Festus (s.v. Saec. ludi) and Cen-  same places, and on the Aventine in the temple
sorinus ascribe the first celebration to the consul of Diana, the people received wheat, barl.%, and
Valerius Poplicola.  This account admits that the  beans, which were to be offered at night-time to
worship of Dis and Proserpina had existed long  the Parcae, or, according to others, were given as
before, but states that the games and sacrifices  pay to the actors in the dramatic representations
were now performed for the first time to avert a  which were performed during the festive dayls.
plague, and in that part of the Campus Martius  The festival took place in summer, and lasted for
which had belonged to the last king Tarquinius,  three days and three nights. On the first day the
from whom  the place derived its name Tarentumn. games commenced in the Tarentum,   and sacrifices
Valeritis Maximus aud Zosimus, who knew of the  were offered to Jupiter, Juno, Neptune, Minerva,
celebration of these games by Valerius Poplicola,  Venus, Apollo,:Mercury, Ceres, Vulcan, Mars,
endeavour to reconcile their two accounts by repre-  Diana, Vesta, Hercules, Latona, the Parcae, and
senting the celebration of Poplicola as the second  to Dis and Proserpina.  The solemnities began at
in chronological order. Other less important tradi-  the second hour of the night, and the emperor
tions are mentioned by Servius (ad BAe. ii 140)  opened themn by the river side with the sacrifice of
and by Varro (ap Censorin.).                       three lambs to the Parcae upon three altars erected
As regards the names Tarenti or Taurii, they are  for the purpose, and which were sprinkled with
perhaps nothing but different forms of the stome  the blood of the victims.  The lambs theniselves
word, and of the same root as Tarquininus.  All the  wera burnt.  A  temporary scene like that of a
accounts mentioned above, though differing as to  theatre was erected in the Tarentumn, and illumithe time at which and the persons by whom the  hated with lights and fires.
Tarentine games were first celebrated, yet agree in    In this scene festive hymns were sung by a
stating that they were celebrated for the purpose  chorus, and various other ceremonies, together
of averting from the state somine great calamity by  with theatrical performances, took place.  During
which it had been afflicted, and that they were  the morning of the first day the people went to
held in honour of Dis and Proserpina.  From   the Capitol to offer solemn sacrifices to Jupiter;
the time of the consul Valerius Poplicola down to  thence they returned to the Tarentum  to sing
that of A ugustus, the Tarentine games were only  choruses in honour of Apollo and Diana.  Onl the
held three times, and again only on certain emer-  second day the noblest matrons, at an hour fixed
gencies, and not at any fixed time, so that we  by an oracle, assembled on the Capitol, performed
must conclude that their celebration was in no way  supplications, sang hymns to the gods, and also
connected with certain cycles of time (maeculca).  visited the altar of Juno.  The emperor and the
The deities in whose honour they were held during  quindecimviri offered sacrifices which  had been
the republic, continued, as at first, to be Dis and  vowed before, to all the great divinities.  On the
Proserpina..As to the times at which these three  third day Greek and Latin choruses were sung in
celebrations took place, the commentarii of the  the sanctuary of Apollo by three times nine boys
quindecimviri and the accounts of the annalists did  and maidens of great beauty whose parents were
not agree (Censorin. 1. c.), and the discrepancy of still alive.  The object of these hymns was to
the statements still extant shows the vain attempts  implore the protection of the gods for all cities,
which were made in later times to prove that towns, and officers of the empire.  One of these
during the republic the gamnes had been celebrated  hymns was the carmen saeculare by Horace, which
once in every saeculum.  All these misrepresenta-  was especially composed for the occasion, and
tions and distortions arose in the time of Augustus. adapted to the cirumstances of the time.  During
Not lono after he had assumed the supreme power  the whole of the three days and nights, games of
in the republic, the quindecimviri announced that  every description were carried on in all the ciraccording to their books ludi saeculares ought to  cuses and theatres, and sacrifices were offered in
be held, and at the same time tried to prove from   all the temples.
history that in former times they had not only    The first celebration of the ludi saeculares in the
been celebrated repeatedly, but almost regularly  reign of Augustus took place in the summer of the
once in every century.  The games of which the  )Year B.C. 17 (Tacit. Ann. xi. 11.); the second
quindeciInviri made this assertion, were the ludi took place in the reign of Claudius, A.D. 47 (Suet.
Tarentini.                                         Clateud. 21); the third in the reign of Domitian,
The celebrated jurist and antiquary Ateius Capito. AD. 88 (Suet. Domit. 4, with Ernesti's note); and
received from the emperor the command to deter-  the last in the reign of Philippuis A.D. 248, and,
mine the ceremonies, and Horace was requested to  as was generally believed, just 1000 years after
compose the festive hymn for the occasion (carme, the building of the city. (Jul. Capitol. Cord. Tert.
saecldare), which is still extant (Zosim. ii. 4.). c. 33; compare Scaliger, De Entend. Tempor. p.
But the festival which was now  held, was in  486 aHartung, Die Religion der RiiS;zer, vol. ii.
reality very different from  the ancient Tarentine  p. 92, &c., and  the  commentators ad Horat.
games; for Dis and Proserpina, to whom formerly  Ciarme. Saec.)                            [L. S.]
the festival belonged exclusively, were now the last    LUDUS.  [GLADIAtTOREs, p. 574, b.]
in the list of the divinities in honour of whom the    LUDUS   DUO'DECIM    SCRIPTO'RUM.
ludi saeculares were celebrated.  A description of  [LATRvaUNCLI.]




71fr            LUPERCALIA.                                           LUPERCI.
LIIDUS LATRUNCULO'RUM. [LATRUN- I that the Luperci were also called crepi or crepp?,
CULI.]                                             from their striking with goatskins (a crepitu pelliLUDUS TROJAE.  [CIRCUS, p. 288, a.]              culsarln), but it is more probable that the name
LU'MINA.  [SERVITUTES.]                          crepi was derived from  crepa, which was the
LUPA'NAR.  [CAUPONA, p. 258,b.]                  ancient name for goat.  (Fest. s. v. Caprae.)
LUPA'TUM.  [FRENUM.]                               The festival of the Lupercalia, though it necesLUPERCA'LIA, one of the most ancient Ro-  sarily lost its original import at the time when the
man festivals, which was celebrated every year in  Romans were no longer a nation of shepherds, was
honour of Lupercus, the god of fertility.  All the  yet always observed in commemoration  of the
ceremonies with which it was held, and all we  founders of the city.  Antonius, in his consulship,
know of its history, shows that it was originally a  was one of the Luperci, and not only ran with
shepherd-festival. (PFlt. Caes. 61.)  Hence its in-  them  half-naked and covered with pieces of goattroduction at Rome was connected with the names  skin through the city, but even addressed the
of Romulus and Remus, the kings of shepherds.  people in the forum in this rude attire. (Plut. Caes.
Greek writers and their followers among the Ro-  61.)  After the time of Caesar, however, the Lumans represent it as a festival of Pan, and ascribe  percalia seem to have been neglected, for Augustus
its introduction to the Arcadian Evander.  This  is said to have restored it (Suet. Aug. 31), but
misrepresentation arose partly from  the desire of he forbade youths (imberbes) to take part in the
these writers to identify the Roman divinities with  runming.  The festival was henceforth celebrated
those of Greece, and partly from  its, rude and  regularly down to the time of the emperor Anasalmost savage ceremonies, which certainly are a  tasius.  LupereaTia were also celebrated in other
proof that the festival must have originated in the  towns of Italy and Gaul, for Luperci are mentioned
remotest antiquity.  The festival was held every  in inscriptions of Velitrae, Praeneste, Nemausus,
year, on the 15th of February, in the Lupercal, and other places.  (Orelli, Inscr. n. 2251, &c.)
where Romulus and Remus were said to have been  (Compare LTJPERCI; and Hartung, Die Relig. der
nurtured by the she-wolf; the place contained an, R;zmer, vol. ii. p. 176, &c.)            [L. S.]
altar and a grove sacred to the god Lupercus.    LUPERCI, were the priests of the god Luper(Aurel. Vict. de Oriq. Gent. Rom. 22; Ovid. Fhost.  cus. They formed a college (sodalitas, Eratpla), the
ii. 267.)  Here the Luperci assembled on the day  members of which were originally youths of patriof the Lupercalia, and sacrificed to the god goats  cian families, and which was said to have been inand young dogs, which animals are remarkable for  stituted by Romulus and Remus. (Plut. Rom. 21.)
their strong sexual instinct, and thus were appro-  The college was divided into two classes, the one
priate sacrifices to the god of fertility. (Plut. Rom. called Fabii or Fabiani, and the other Quinctilii or
21; Servius ad Aen. viii. 343.)  Two youths of Quinctiliani. (Fest. s. vv. Quzinctiliani Luperci and
noble birth were then led to the Lruperci, and one  cabiani.)  These names, which are the same as
of the latter touched their foreheads with a sword  those with which the followers of Romulus and
dipped in the blood of the victims; other Luperci  Remus were designated in the early Roman leimmediately after wiped off the bloody  spots  gends, seem  to show  that the  priesthood was
with wool dipped in milk.  Hereupon the two  originally confined to certain gentes. (Ovid. Fast.
youths were obliged to break out into a shout of ii. 378, who,. howeverT confounds the Potitii and
laughter.  This ceremony was probably a sym-  Pinarii with the Quinctllii and Fabii.) But if such
bolical purification of the shepherds.  After the  actually was the case, this limitation does not seem
sacrifice was over, the Luperci partook of a meal, to have existed for a very long time, though the
at which they were plentifully supplied with wine. two classes retained their original names, for Festus
(Val. Max. ii. 2. 9.)  They then cut the skins  says, that in course of time the number of Luperci
of the goats which they had sacrificed, into pieces; increased, " Quia honor:is gratia multi in Lupercis
with some of which they covered parts of their  adscribebantur."  What was the original number
body in imitation of the god Lupercus, who was  of Luperci, and how  long their office lasted, is
represented half naked and half cosvered with goat-  unknown; but it is stated in inscriptions (Orelli,
skin.  The other pieces of the skn!s they cut into  n. 2256 and n. 4920) that a person held the office
thongs, and holding them in their h'ands they ran  of Lupercus twice, and another three times, and
through the streets of the city, touching or strik-  theis fact shows at least that the priests were not
ing with them all persons whom they met in their  appointed for life. Julius Caesar added to the two
way, and especially women, who even used to  classes of the college a third with the name of Julii
come forward voluntarily for the purpose, since  or Juliani (Dion Cass. xliv. 6; Suet. Caes. 76), and
they believed that this ceremony rendered thenm  made Antonius their high priest. He also assigned
fruitful, and procured them  an easy delivery in  to them  certain reaen-aes (vectigalia), which were
childbearing.  This act of rn:ning about with  afterwards withdrawln from them. (Cic. Philip. iii.
thongs of goat-skin was a symbolic purification of  15, with the note of P.  Manutius.)  But it is unthe land, and that of touching persons a pltifi-  certain whether Caesa~ assigned these revenues to
cation of men, for the words by which this act is  the whole colege; or merely to the Julii.  From
designated arefebrzuare and liastrare. (Ovid. Fast.  this time the tivo ancient classes of the Luperci are
ii. 31; Fest. s. v. v.Febriuaris.) The goat-skin it-self sornetimnes distinguished from  the new one by the
was called fbruumZZ, the festive day dies./bssata, nameofLuperci veteres. (Orellin. 2253.) Although
-the month in which it occurred Februariics, and  in early times the L.uperei  were taken only from
the god himself Fcbruus.                          noble families, their strange and indecent conduct
The act of purifying  ind fertilizing, which0 aCs  at th]!e Lupercalia was offensive to the more rewe have seen, was applied to women, was without fined Romans of a later age (Cic. Philip. ii. 34),
doubt originally applied to the flocks, and to the  and Cicero (?pro CoGl. 11 ) characterises the college.people of the city on the Palatine. (Varro, de Linug. as a " Fera quaedam  sodalitas et plane pastoricia
Lat. v. p. 60, Bip.)  Festus (s. v. Creplos) says  atque agrestis, quorum  coitio illa silvestris ante est




LUSTRATIO.                                          LUSTRUM.                   719.
instituta quam humanitas atque leges."  Respect- the sea, and the other burnt upon the altars, while
ilg the rites with which they solemnised the Lu- the multitude around prayed to the gods.  (Compercalia see LUPERCALIA.                 [L. S.]  pare Liv. xxxvi. 42, and xxix. 27, where also a
LUPUS FE'RREUS, the iron wolf used by  prayer is recorded such as generals used to offer
the besieged in repelling the attacks of the be- on these occasions.)  When a Macedonian army
siegers, and especially in seizing the battering-ram   was lustrated, a dog was cut ill two pieces in the
and diverting its blows. [ARIEs.]  (Liv. xxxviii. place where the army was to assemble, and one
3; Veget. de Re Mil. ii. 25, iv. 23.)   [J. Y.I-   half of the dog was thrown at a distance on the
LUSTRA'TIO   (ccdOapTIs), was originally a right and the other totheleft. The army then aspurification by ablution in water.  But the lus- sembled in the place between the spots where the
trations, of which we possess direct knowledge, pieces had fallen.  (Liv. xl. 6; Curt. x. 9. ~ 12.)
are always connected with sacrifices and other But to return to the Romans.  The establishment
religious rites, and consisted in the sprinkling of of a new colony was always preceded by a lustrawater by means of a branch of laurel or olive, and  tio with solemn sacrifices.  (Cic. de Divin. i. 45;
at Rome sometimes by means of the aspergillum  Barth, ad Stat. Tlieb. iv. p. 1073.)   The city of
(XepviL), and in the burning of certain mate-  Rome itself, as well as other towns within its dorials, the smoke of which was thought to have a  minion, always underwent a lustratio, after they
purifying effect. Whenever sacrifices were offered, had been visited by some great calamity, such as
it seems to have been customary to carry them   civil bloodshed, awful prodigies, and the like.
around the person or thing to be purified. Lustra- (Appian, Civil. i. 26; Liv. xxxv. 9, xlii. 20.)  A
tions were made in ancient Greece, and probably at regular and general lustratio of the whole Roman
Rome also, by private individuals when they had  people took place after the completion of every luspolluted  themselves  with  any criminal action. trum, when the censor had finished his census and
Whole cities and states also sometimes underwent before he laid down his office.  The lustratio (also
purifications to expiate the crime or crimes corn- called lustrum. Fest. s. s. v.) was conducted by one of
mitted by a member of the community.  The most the censors (Cic. de Divin. i. 45), and held with
celebrated purification of this kind was that of sacrifices called Suovetaurilia (Liv. i. 44; Varro,
Athens, performed by Epimenides of Crete, after de Re Rust. ii. 1), because the sacrifices consisted
the Cylonian massacre. (Diog. Laert. i. 10. ~ 3.) of a pig (or ram), a sheep, afid an ox.  This lusPurifications also took place when a sacred spot had  tratio, which continued to be observed in the days
been unhallowed by profane use, as by burying  of Dionysius, took place in the Campus Martius,
dead bodies in it, such as was the case with the  where the people assembled for the purpose.  The
island of Delos. (Thucyd. i. 8, iii. 104.)         sacrifices were carried three times around the asThe Romans performed lustrations on many  sembled multitude. (Dionys. Ant.'Roe. iv. 22.)
occasions, on which the Greeks did not think of Another regular lustration which was observed
them; and the object of most Roman lustrations  every year in the month of February, was said
was not to atone for the commission of crime, but to have been instituted because the god Februus
to obtain the blessing of the gods upon the persons  was believed to be potens lnstrationum, and beor things which were lustrated.  Thus fields were  cause in this month the solemnities in honour of
purified after the business of sowing was over the dii manes took place. (Macrob. Sat. i. 13;
(Ovid. Fast. i. 669), and before the sickle was  compare Hartung, Die Religion der RsMmer, i. p.
put to the corn.  [ARVALaS FRATRES.]  The  198, &c.)                                       [L. S.]
manner in which sheep were lustrated every year    LISTRUM  (from luo, Gr. Aocoa), is properly
at the festival of the Palilia, is described by Ovid  speaking a lustration or purification of the whole
(Fast. iv. 735, &c.). The shepherd towards even-  Roman people performed by one of the censors in
ing sprinkled his flock with water, adorned the  the Campus Martius, after the business of the census
fold with branches and foliage, burnt pure sulphur  was over [CENSOR; LUSTRATIO.] AS this purifiand various herbs, and offered sacrifices to Pales. cation took place only once in five years, the word
The object of this lustration was to preserve the  lustrum was also used to designate the time between
flock from  disease, contagion, and  other evils. two lustra. Varro (de Ling. Lat. vi. 11, ed. Miill.)
(Cato, de Re Rust. c. 141.)   All Roman armies  erroneously derives the word lustrum  from luo (I
before they took the field were lustrated (Dion  pay), because the vectigalia and tributa were paid
Cass. xlvii. 38; Appian, Hisp. c. 19, Civil. iv. 89, every five years to the censors.  The first lustrum
et passim), and as this solemnity was probably al-  was performed in B. c. 566 by king Servius, after
ways connected with a review  of the troops, the  he had completed his census (Liv. i. 44; Dionys.
word lustratio is also used in the sense of the mo- iv. 22), and afterwards it is said to have taken
dern review. (Cic. ad Att. v. 20.- ~ 2.)  The rites  place regularly every dfve years after the census
customary oni such occasions are not mentioned, was ovet.  In the eariiest period of the republic
but they probably resembled those With which a  the business of the census and the solemnities of
fleet was lustrated before it set sail, and which are  the lustrum were performed by the consuls.  The
described by Appian (Civil. v. 96).  Altars were  first censors were appointed ill B. c. 443, and from
erected on the shore, and the vessels iitanned with  this year down to B. c. 294 there had, according to
their troops assembled in order close to the coast. Livy (x. 47), only been 26 pairs of censors, and
Every body kept profound silence, and priests  only 21 lustra, or general purifications, although if
standing close by the water killed thle victims, and  all had been regular, there would have been 30
carried the purifying sacrifices (a6dapoia) in small pairs of censors and 30 lustra. We must therefore
boats three times around the fleet. On these rounds  conclude, that sometimes the census was not held
they were accompanied  by the  generals, who  at all, or at least not by the censors.  We also
prayed to the gods to preserve the armament from  learn from  this statement that the census might
all'dangers. Hereupon the priests divided the sacri- take place without the lustrum, and indeed two
fices into two parts, one of which was thrown into  cases of this kind are recorded (Liv. iii. 22, xxiV.




7210                LYRlA.                                              LYRA.
43) which happened in B. c. 459 and 214.  In  selves however attributed the invention of the lyre
these cases the lustrum was not performed on ac- to Hermes, who is said to have formed the instrucount of some great calamities which had befallen  s ment of a tortoise-shlell, over which he placed gutthe republic.                                      strings. (Hom. fIymn. inAiferc.; Apollod. iii. 10. ~ 2;
The time when the lustrum took place has been  Diodor. v. 75; Serv. ad Vig y. Georg. iv. 464.) As
very ingeniously defined by Nieblhr (Hist. of'Ronm. regards the original number of the strings of a lyre,
i. p. 277).  Six ancient Romtllinn years of 304  the accounts of the ancients differ so widely, that
days each were, with the difference of one day, it is almost impossible to arrive at any definite
equal to five solar years of 365 days each, or the  conclusion.   Diodorus (i. 16) states that Hermes
six ancient years made 1824 days, while the five  gave his lyre three strings, one with an acute, the
solar years contained 1Q25 days.  The lustrum, or other with a grave, and the third with a middle
the great year of the ancient Romans (Censorin. sound.  Macrobius (Sat. i. 19) says that the lyre
de Die Niat 1 8), was thus a cycle, at the end of of Mercury had four strings, which symbolically
which, the beginning of the ancient year nearly  represented the four seasons of the year; while
coincided with that of the solar year.  As the co- Lucian (Deor. Dial. 7), Ovid (Fast. v. 106), and
incidence however was not perfect, a month of 24  others, assume that the lyre from the first had
days was intercalated in every eleventh lustrum. seven strings.  All ancient writers who mention
Now it is highly probable that the recurrence of this invention of Hermes, apply it to the name
such a cycle or great year was, from the earliest lyra, though its shape in this description of Apoltimes, solemnized with sacrifices and purifications, lodorus and Servius rather resembles that of the
and that Servius Tullius did not introduce, them, instrument which in subsequent times was debut merely connected them  with his census, and  signated by the name cithara (KIcOapa or icOapLs),
thus set the example for subsequent ages, which  and in some degree resembled a modern guitar, in
however, as we have seen, was not observed with  as far as in the latter the strings were drawn across
regularity.   At first the irregularity may have  the sounding bottom, whereas in the lyra of later
been caused by the struggles between the patri-  times they were free on both sides.  In the Hocians and plebeians, when the appointment of cen- meric poems the name Avpa does not occur, with
sors was purposely neglected to increase the dis- the exception of the Homeric hymn to Hermes 
orders; but we also find that similar neglects took  and from the expression which occurs in this hymn
place at a later period, when no such cause ex-  (423), XAppl cLOapiSeiv, it appears that originally
isted.  (Sueton. Alg. 37, Clazted. 16.)  The last there was very little or no difference between the
lustrum  was solemnized at Rome, in A. D. 74, in  two instruments, that is to say, the instrument
the reign of Vespasian.  (Censorin. I. c.)         formerly used was a cithara in the later sense of
Many writers of the latter period of the republic  the word.
and during the empire, use the word lustrum  for    The instruments which Homer mentions as used
any space of five years, and without any regard to  to accompany songs are the  dopuluYS  and Iciapts.
the census (Ovid. Fast. ii. 183, iv. 701, Amor'. (II. i. 603, Od. viii. 248 and 261.)  Now that
iii. 6. 27; Horat. Cartn. ii. 4. 24, iv. 1. 6), while  the 0(ppguyt and the tKciapts were the same instruothers even apply it in the sense of the Greek pen-  ment, appears to be clear from the expression pap-.
taeteris or an Olympiad, which only contained four  uyyi KtciOapisLet, and CiOapL 5(POPUigULV. (Od. i. 153,
years.  (Ovid. ea Pont. iv. 6. 5, &c.; Mart. iv. &c.)  The lyra is also called XAvsr, or XEXdV,,
45.)  Martial also uses the expression lustrum  and in Latin testzudo, because it was made of a
ingens for saeculum.                               tortoise shell.
(Compare Scaliger, de Ersiend. Temnpor. p. 183;    The obscurity which hangs over the original
Ideler, clandb. der C/'onol. ii. p. 77, &c.)  [L. S.]  number of strings of the lyre, is somewhat removed
LYCAEA (Akvmcaia), a festival with contests, ce- by the statement made by several ancient writers,
lebrated by the Arcadianls in honour of Zeus sur- that Terpander of Antissa (about B. c. 650) added
named AucKa7os. It was said to have been instituted  to the oriainal number of four strings three new
by the ancient hero Lycaon, the son of Pelasgiss. ones, and thus changed the tetrachord into a hepta(Paus. viii. 2. ~ 1; Strab. viii. p. 388.)  He is also  chord.  (Euclid. Inteod. Harm. p. 19; Strab. xiii.
said, instead of the cakes which had formerly been  p. 618; Clem. Alex. Strnom. vi. p. 814, ed. Potter),
offered to the god, to have sacrificed a child to Zeus,
and to have sprinkled the altar with its blood. It is
not improbable that human sacrifices were offered
in Arcadia to Zeus Lycaeuls down to a very late
period in Grecian history.   (Porphyr. de A1bstin. ii. 27.)  No further particlslars respecting the
celebration of the Lycaea are known, with the exception of the statement of Plutarch (Caes. 61),
that the celebration of the Lycaea in some degree
resembled that of the Rotnan Lupercalia.  [L. S.]
ILYCHNU'CHUS.  [CANDE[.ABRUM.]
LYRA  (Xipa, Lat. fides), a lyre, one of the
most ancient musical instruments of the stringed
kind.  There can scarcely be any doubt that this
and similar instruments were used by the Eastern
nations and by the Egyptians, long before the
Greeks became acquainted with them, and that
they were introduced among the Greeks from Asia
Minor. (Wilkinson's ifanceers and Cust. of the A.c,,sq.ypt. ii. pp. 272, 288, &c.)  The Greeks them



LYRA.                                              LYRA.                    721
though it cannot be denied that there existed lyres  two octaves, and others had even twenty strings,
with only three strings.  (Blanchini, De Tribus  so that they must have more resembled a modern
Gezer-ibus Instrumentoran Alfusicae Veternsz  Or-  harp than a lyre. (Bode, Gesch. der Lyrisch. Dichtganicae Dissertatio, tab. iv.)  The preceding re- kunst der IErelleen, vol. i. p. 382, &c.; compare
presentation of a tetrachord and the following one  Quinctil. xii. 10.)
of a heptachord are both taken from the work of    It has been remarked above that the name lyra
Blanchini.                                         occurs very seldom  in the earliest Greek writers,
The heptachord introduced by Terpander hence- and that originally this instrument and the cithara
forth continued to be most commonly used by the  were the same.  But about the time of Pindar inGreeks as well as subsequently  by the Romans,  novations seem to have been introduced  by which
though in the course of time many additions and  the lyra became distinct from the cithara, the inimprovements were                                  vention of which was ascribed to Apollo, and hence
made which are de-                                 the name of the former now occurs more frequently.
scribed below. n the                       /       (Pind. 01. x. 11,3, Nem. iii. 19, xi. 8, Pyth.
ancient  tetrachord                    __..       viii. 42, et passim.)   Both however had in most
the  two  extreme                                  cases no more than seven strings.   The difference
strings stood to each                              between the two instruments is described above 
other in the relation                              the lyre had a great and full-sounding  bottom.
of a fourth (8ta ree-                      C       which continued as before to be made generally of
adpwv),i.e. the lower                              a tortoise-shell, from which, as Lucian (Dida. ifoer.
string   made  three                               1) expresses it, the horns rose as from the head of a
vibrations  in  the               I                stag.  A transverse piece of wood connecting the
time that the upper                                two horns at or near their top-ends served to fasten
one made four. In,              the strings, and was called C6-yoy, and in Latin
the  most  ancient           -                     transtillum.  The horns were called irXeLs or
anrangement of the                                 cornua. (Schol. Venet. ad-Iliad. ii. 293; Hesyclh.
scale. which  was                                  s. v. Zdya; Cic. de Nat. Deor. ii. 59.) These incalled  the diatonic,                              strmnents were often adorned in the most costly
the   two   middle                                 manner with gold and ivory. (Cic. ad tI-eren. iv.
strings were strung                                47; Ovid. Miet. xi. 167.) The lyre was considered
in such a manner,               K                  as a more manly instrument than the  cithara,
thaLt the three  in-                   M            which, on account of its smaller-sounding bottom,
tervals between the                                excluded full-sounding and deep tones, and was
four strings produce;                              more calculated for the middle tones.  The lyre
ed  twice  a whole       V                         when played stood in an upright position between
tone, and one.semi-                               the knees, while the cithara stood upon the knees
tone.  Terpander in                                of the player.   Both instruments were held with
forming his heptachord, in reality added a new  the left hand, and played with the right.  (Ovid.
tetrachord to the ancient one, but left out the  Aoetane. xi. 168.)  It has generally been supposed
third string of the latter, as there was between  that the strings of these instruments were always
it and the fourth only an interval of a semi-tone. touched with a little staff called plectrum  (VrA1The heptachord thus had the compass of an octave, ircpov) (see woodcut under MEssA), but amoung
or, as the ancients called it, a diapason (ih& 7rae,). the paintings discovered at Herculaneum we find
The interdals between the seven strings in the  several instances where the persons play the lyre
diatonic scale were as follow: -between one and  with their fingers.  (See also Ovid. [Ieroid. iii.
two a whole tone, between two and three a whole  118.)  Tlre lyre was at all times only played
tone, between three and four a whole tone and a  as an accompaniment to songs.
semi-tone; between four and five and five and six    The Latin name fies, which was used for a lyre
a whole tone each, between six and seven a semi- as well as a cithara, is probably the same as the
tone.  The seven strings themselves were called, Greek 0-boes, which, according to Hesychius (s. v.),
beginning  from  the  highest, YJe/f, 7rapaeeiTr, signifies gut-string; but Festus (s. v.) takes it to
-rapaeALSo7, Iutdsr,   Xaads,'rapvr      7rarl,  aordmj7. be the same as fides (faith), because the lyre was
(Bickh, de AMetris Pindari, p. 205, &c.) Pindar  the symbol of harmony and unity among men.
himself made use of the heptachord, though in    The lyre (cithara or phorminx) was at first
his time an eighth string had been added.  In  used in the recitations of epic poetry, though it was
the time of Philip and Alexander the number of probably not played during  the recitation itself,
strings was increased to eleven by Timoth eus of but only as a prelude before the minstrel coinMiletus (Suidas, s. v. Tldeos;   MUTller, Dot. iv. menced his story, and in the intervals or pauses
6. ~ 3), an innovation which was severely. cen- between the several parts.  The lyre has,given its
sured by the Spartans, who refused to go beyond  name to a species of poetry called lyric; this kind
the number of seven strings. (Cic. de Leg. ii. 15; of poetry was originally never recited or sung withAthen. xiv. p. 636.)  It is however clear that the  out the accompaniment of the lyre, and sometimes
ancients made use of a variety of lyres, and in the  also of an appropriate dance.- (Compare the article
representations which we still possess, the number  MUSICA;  Plutarch, de tlusica,; Bickh, de il]fm-i
of strings varies from three to eleven.  About the  Pizdari; Drieberg, AIusikaclischle TVissensc/hafc?
time of Sappho and Anacreon several stringed in-  der Grieclen; and by the same author A2f.clhuhisse
struments, such as wmzagcdis, bcarbiton, and others, iiber die ll'lisilc der Griechen; Burney, History qf
were used in Greece, and especially in Lesbos..i/uzsic; Hawkins, History of'lIusic; KrUiger, -De
They had been introduced from Asia Minor, and  Mlusicis GCae. Oc;qanics circa Pincldari temporaflotheir nmnber of strings far exceeded that of the  rentibzus, Gttingen, 1840; Miller, Hist. of Greek
lyre, for iwe know that some had a compass of Lit. p. 148, &c.)                           [L1. S.]
3x




722              MACHINAE.                                             MACHINAE.
steelyard (trutina, statera), and the oars and rudderIl.                          oars of a ship; and alludes to the principle of
virtual velocities.  The inclined plane is not spoken
MACELLUM  (4oorcAtra, Athen. i. 9; dForco-  of by Vitruvius as a machina., but its properties
Xeov, KpeoirwXEe'ov), a provision-market, frequent-  as an aid in the elevation.of weights are often
ed by cooks, fishermen, poulterers, confectioners, referred to by him and other writers; and in early
butchers, and men of similar occupations. (Varro,  times it was, doubtless, the sole means by which
de Re Rust. iii. 2. 17, de Ling. Lat. v. 32. pp. 147, the great blocks of stone in the upper parts of.
148. ed. Spengel; Plant. Aulul. ii. 8. 3; Ter. buildings could be raised to their places.
Eun. ii. 2. 24; Hor. Sat. ii. 3. 229, Fpist. i. 15.    Under the head of circular motion, Vitruvius
31; Seneca, Fpist. 78.) [FoRUM.]   From  sme- makes a passing allusion to the various forms of
celluzn, a  provision-merchant was called  7macel-  wheels and screws, plaustra, rledae, tynspana, rotae,
larius (o/o7srcL7os, Icpeo7rbAis).  (Sueton. Jsul. 26. cochleae, scorpiones, balistee, prela, about which see
Iespas. 19; Varro, de Re Rust. iii. 2, 4.)   The  the respective articles.' It is worth while, also, to
Athenians called their macellum eIs ro ToV, just as  notice the methods adopted by Chersiphron and his
they called their slave-markets elss Tar alspd7ro8a, son Metagenes, the architects of the temple of
their wine-market eUs rbV  oboy, and other markets  Artemis at Ephesus, and by later architects, to
by the name of the commodities sold in them. convey large blocks of marble from the quarries, by
(Poll. ix. 47; x. 19; Harpocr. s.v. Ae-ytka.) [J.Y.]  supporting them  in a cradle between wheels, or
MA'CHINAE   (,u/XavaL), and  O'RGANA   enclosing them  in a cylindrical frame-work of
(dp'yaea).  The object of this article is to give a  wood (Vitruv. x. 6. s. 2); and also the account
brief general account of those contrivances for the  which Vitruvius gives of the mode of measuring
concentration and application of force, which are  the distance passed over by a carriage or a ship,
known by the natmes of instruements, sechlanical by an instrument attached to the wheel of the
powaers, msacblines, engines, and so forth, as they  former, or to a sort of paddle-wheel projecting from
were in use among the Greeks and Itomans, espe-  the side of the latter (c. 9. s. 14).  What lie says
cially in the time of Vitruvius, to whose tenth  of the pulley will be more conveniently stated under
book the reader is referred for the details of the  the next head.
subject.                                                2. Cownpound  MiMechlanical Powuers or Mtachines
The general, but loose, definition which Vitru- for raisisg  heavy weights (nmachinae tractosriae).
vius gives of a saaclhine (x. 1. ~ 1), is a wooden  Of these Vitruvius describes three principal sorts,
structure, having the virtue of moving very great all of them consisting of a proper erect frame-work
wreights.  A nzachina differs from  an organon, in-  (either three beams, or one supported by ropes);
asmuch as the former is more complex and produces  from  which  hang pullics, the rope of which is
greater effects of power than the latter: perhaps  worked either by a number of men, or by a windthe distinction may be best expressed by tralislat-  lass (sucula), or by a large drum (tymLpanum1, &t fiing the terms respectively mzachine or engine and  peVOaS, repITpdO'XIo ) moved as a tread-wheel, only
instrzmmsent.  Under the latter class, besides com-  from  within.  He describes the different sort of
nmon tools and simnple instrumzents, as the plough for  pullies, according to the number of sheaves (omriexample, Vitruvius appears to include the simple  culi) in each block (trochlea or reclainums), whence
slechlanical powers, which, however, when used in  also the machine received special names, such as
combination, as in the crane and other machines,  trispastos, when there were three sheaves, one in
become snachinac.  Thus Horace iuses the word for  the lower block and two in the upper; and pentathe machines used to launch vessels (CarGe. i. 4. 2), spastos, when there were five sheaves, two in the
which appears to have been effected by the joint  lower block, and three in the upper (x. 2-5).
force of ropes and pulleys drawing the ship, and        II. Military Engines.   (Vitruv. x. 15-22;
a  screw  pushing it forwards, aided  by rollers  Vegetius and the other writers de Re  Militari;
((dAaTyes) beneath it.  The word organosl was  ARIES; HELEPOLIS; TESTUDO; TORMENTUII;
also used in its modern sense of a musical instru-  TURRIS, &C.)
mlent.  [See IIYDRAULA.]                                III. Thleatrical 2Machines.  [THEATRUMl.]
The Greek writers, -whom  Vitruvius followed,    1V. IJydraulic Eng#nes.
divided machines into three classes, the (genus)        1. Cohveyance and delivery of water thlrough pipes
scasnscoriume or aKcpoCarTucdv (respecting which see  and chzannels.  [AQUAEDUCTUS; EMISSARUI s;
Vitruvius and his commentators), the spiritale or  FISTULA; FONrs.]  It has been shown, under the
srvsevMpaTr'' [HYDrAULA], and the tractorizmn or  articles referred to, that the ancients well knew, and
BapoOhKcov   (or  Bdvavo'ov   according to the reading  that they applied in practice, the hydrostatic law,
of the old editions) for moving heavy weights. The  that water enclosed in a bent pipe rises to the
information which he gives us may perhaps, how-  same level in both arms.  It also appears, from
ever, be exhibited better under another classifi-  the work of Frontinus, that they were acquainted
cation.                                              with the law  of hydraulics, that the quantity of
I. Mechlanical Enginzes.                            water delivered by an orifice in a given time deL. T/ie Sin2ple M1i]echanical Powers were known  pends on the size of the orifice and on the height
to the Greek mechanicians from  a period earlier  of the water in the reservoir; and also, that it is
than can be assigned, and their theories were com-  delivered faster through a short pipe than through
pletely demonstrated by Archimedes.  Vitruvius  a mere orifice of equal diameter.
(x. 3. s. 8) discourses of the two modes of raising     2. Maclaines for raising  oater.  The ancients
heavy weights, by rectilinear (ebeEaev) and circular  did not know enough of the laws of atmospheric
(IcvtcXw)s-7v) motion.  He explains the action of pressure to be acquainted with the common sucking
the lever (ferrezus vectis), and its three different  pump; but they had a sort of forcing pump, whichl
sorts, according to the position of the fulcrum   is described by Vitruvius (x. 12), who ascribes the
(bsroidXXto.), and Eome of its applications, as in the  invention to Ctesibius.  For raising water a small




MAGISTER.                                        MAGISTRATUS.                   723
height onlly they had the well-known screw of  On the divisions of the empire their number was
Archimedes, an instrument which, for this parti-  increased, and each of them  had both cavalry and
cular purpose, has never been surpassed. (Vitruv.  infantry under his command.  In addition to thex. 11; COCHLEA.)  But their pumps were chiefly  title of llagistri msilurnm, we find them called Alfiison the principle of those in which the water is  tri armorumn, equitzinz et peclitucm, etriesque 2miltiate
lifted in buckets, placed either at the extremity of (Zosim. ii. 33, iv. 27; Vales. ad Aninz. Marc.
a lever, or on the rim  of a wheel, or on a chain  xvi. 7.)  In the fifth century, there were in the
working between two wheels.  (Vitruv. x. 9; Eastern empire two of these officers at court, and
ANTLIA; TYMPANUII.)                               three in the provinces; in the western empire, two
3. loac7idnes in w/ics water is t/me moviln~g 1ower.  at court, and one in Gaul.  Under Justinian, a
(Vitruv. x. 10; MOLA.)                             new magister militumn was appointed for Armenia
4. Other applications of water, as to the imea- and Pontus.  (Walter, Geschlichte des Rtlnisclzen
surement of time, and the production of musical Reclcts, ~ 342, 2d ed.)
sounds, in the clepsydra and the 7/ydraulic oscon.    MAG1STER NAVIS. [EXERCITORIA ACTIO.]
(Vitruv. ix. 5, 6, x. 13; HOROLOGIUI; HY-    MAGISTER OFFICIORUMI, was an officer of high
VRA ULA.)                               [P. S.]    rank at the imperial court, who had the superinMAENIA'NUM, signified, originally, a pro-  tendence of all audiences with the emperor, and
jecting balcony, which was erected round the Ro-  also had extensive jurisdiction over both civil and
man forum, in order to give more accommodation  military officers. (Cod. 1. tit. 31; 12. tit. 16; Cod.
to the spectators of the gladiatorial combats, by the  Theod. 1. tit. 9; 6. tit. 9; Amm. Marc. xv. 5 
censor, C. Maenius, B. C. 318 (Festus, s. v. p. 135, xx. 2, xxii. 3; Cassiod. Variar. vi. 6.)
ed. Miiller; Isidor. Oriq.. xv. 3. ~ 11); and hence    MAGISTER POPULI.  [DICTATOR.]
balconies in general came to be called 9zaeniana.    MAGISTER ScaINIORUMI, had the care of all the
Many allusions to such structures, and to the regu-  papers and documents belonging to the' emperor.
lations which were found necessary to keep them   (Cod. 12. tit. 9; Spartian. Ael. Ve?. 4; Lamprid.
within due bounds, are found in  the ancient Alex. Sev. 26.)
vwriters (Cic. AIcad. iv. 22; Non. p. 83. s. 65,    MAG1STER  SOCIETATIS.   The  equites, who
Miill.; Sueton. Calig. 1 8; Vitruv. v. 1; Plin. farmed the taxes at Rome, were divided into eomIL. A. xxxv. 10. s. 37; Val. Max. ix. 12. ~7;  panies or partnerships; and he who presided in
Cod. Just. viii. 2. 20, 10. 11, xliii. 8. 2. ~ 6, such a company was called Magister Societatis.
1. 16. 242. ~ 1; Amml. Marc. xxvii. 9, 1 0; see  (Cic. Verr. ii. 74, ad Faom. xiii. 9, pro Plancio, 13.)
also AmIPHITHEATRUAI, p. 88, and CiRCus, p.    MAGISTER VIcoRau. Augustus divided Rome
2186, a.)                              [P. S.]   into certain regiones and vici, and commanded that
MAGADIS.  [LYRA, p. 721, a.; MusIcA.]   the people of each vicus should choose magistri to
MAGIST/ER, which contains the same root as  manage its affairs. (Suet. Aug. 30, Tib. 76; Orelli,
may-is and mag-nus, was applied at Rome to per- Inscr. 5, 813, 1530.)  From  an inscription on an
sons possessing various kinds of offices, and is thus  ancient stone referred to by Pitiscus (Lexicon, s. v.)
explained by Festus (s. v. 3Iaciste-rcre):-" llc6-  it appears that there were four such miagistri to each
gyistcrare, moderari.  Undo mnagistsi non solhnm  vicus.  They were accustomed to exhibit the Ludi
doctores artium, sed etiam pagorum, societatum, Compitalitii dressed in the praetexta.  (Ascon. ie
vicoruni, collegiorum, equitum  dicuntur; quia  CGi. Pison. p. 7, ed. Orelli.)
omnes hi magis ceteris possunt." Paulus (Dig. 50.    MAGIS TIRA'TUS.  A definition of Magistratit. 16. s. 5') thus defines the word: -" Quibus  tus may be collected from Pomponius, De Origine
praecipua cura rermn incumbit, et qui magis quam  Juris (Dig. 1. tit. 2).  Magistratus are those "qui
ceteri diligentiamn   et sollicitudinem rebus, quibus juri dicunudo psraesunt."  The King was originally
praesunt, debent, hi magistri appellantur."   The  the sole Muastistratlts; he had all the Potestas. On
following is a list of the principal magistri:-    the expulsion of tthe Kings, two Consuls -were anMAGISTER ADMISSIONUM. [ADAIISSION.TALES.] n1ually appointed and they were Magistratus.  In
MAGISTER ARMonRUs appears to have been the  course of time other Magistratus were appointed,
same officer as the Magister Militum. (Amm. Marc. so that Pomponius enumerates as the Magistratus
xvi. 7, xx. 9.)                                    of his time " qui in civitate jura reddebant," ten
MIAGIsTER AUCTIONIS. [BoNORUAn EcMPTIO.]  tribuni plebis, two consuls, eighteen praetors, and
MAcISTER BIBENDI.  [SvrMIPOSIUa.]               six aediles.  He adds that the Praefecti Annonae
MAacGISTERa COLLEG1I was the president of a col- et Vigilum  were not Magistratus.  The Dictator
legium or corporation.  [COLLEGIUM.]               was also a Magistratus; and the Censors; and the
MAGISTERa EPISTOLARUM  answered letters on  Decemviri litibus judicandis.  The governors of
behalf of the emperor. (Orelli, Imzscr. 2352.)     Provinces with the title of Propraetor or Proconsul
MAGISTER EQUITUvA. [DICTATOR, p. 407, b.]  were also MAagistratus.  Gaius attributes the Jus
MAGISTER LIBELLORUstu   was an officer orsecre-  Edicendi to the Magistratus Populi Romani, withtary who read and answered petitions addressed to  out any restriction; but he says that the chief
the emperors.  [LIBELLUS, 4. C.] He is called in  edictal power was possessed by the PraetorUrbanus
an inscription  " Magister Libellorum  et Cogni- and the Praetor Peregrinus, whose jurisdictio in
tionuml  Sacrarum."  (Orelli, 1. c.)               the provinces was exercised by the Praesides of
M.IaGISTER MEIORIA, an officer whose duty it Provinces; and also by the Curule Aediles whose
was to receive the decision of the emperor on any  jurisdiction in the Prov-inciae Populi Roinani was
subject and communicate it to the public or the  exercised by the Quaestors of those Provinces.
persons concerned. (Amm. Marc. xv. 5, xxvii. 6.)    The word Magistratus contains the same element
hMAGISTERa MILITUM, the title of the two offi- as mlag(ister) and nlag(nus); and it signifies both
cers, to whom Constantine intrusted the command  the persons and the oflice, as we see in the phrase
of all the armies of the empire.  One was placed  " se magistratu abdicare," which signifies to give
over the cavalry, and the other over the infantry.  up the office before the time at which it regularly
3 A 2




724           MAGISTRATUS.                                        MAJESTAS.
expired. (On the abdicatio, see Rubino, R;lnischle Province; and as tile Jurisdictio was placed in the
Staatsve:fassung, p. 88; and Plut. Cic. 19). (Liv. hands of Municipal Magistratus, who had no Imvi. 1, xxiii. 23.)  According to Festus, a magis- perium, it was further necessary to determine what
tratus was one who had "judicisum auspiciumque."  should be the form of procedure before these MaAccording to M. Messala the augur, quoted by  gistratus in all matters that were extra ordinem,
Gellius (xiii. 15), the Auspicia Maxima belonged  that is, in such matters as did not belong to their
to the Consuls, Praetors, and Censors, and the competence because they were Magistratus Minores,
Minora auspicia to the other Magistratus; accord- but were specially given to them by a Lex.  The
ingly the Consuls, Praetors, and Censors were  determi1ning of this form of procedure was the ohcalled Majores, and they were elected at the Co- ject of the Lex Rubria. [LEx RUBRIA.] (Puchta,
mitia Centuriata; the other Magistratus were called  Zeitsclrzif~, x. p. 195.)
Minores.  The Magistratus were also divided into    The case of Adoption (properly so called) illusCurules and those who were not Curules: the trates the distinction of Magistratus into Majores
Magistratus Curtles were the dictator, consuls, and Minores, as founded on the possessing or not
praetors, censors, and the curule aediles, who were possessing the Imperium.  (Gains, i. 99.)  This
so called, because they had the Jus Sellae Curulis. adoption was effected " Imperio Magistratus," as
The magistrates were chosen only from the Patri- for instance before the Praetor at Rome: in the
cians in the early Republic, but in course of time  Provinciae the samle thing lwas effected before a
the Plebeians shared  these honours, with the  Proconsul or Legatus, both of whom therefore had
exception of that of the Interrex: the Plebeian  the Imperium.  The Municipal Magistratus, as
Magistratus properly so called were the Plebeian  they had not the Imperium, could not give validity
Aediles and the Tribuni Plebis.                 to such an act of adoption.            [G. L.]
The distinction of Magistratus into MajIores    MAJESTAS is defined by Ulpian (Dig. 48.
who had the Imperium, and the Minores who had  tit. 4. s. 1) to be " crimen illud qlod adversus
not, had a reference to Jurisdiction also.  The  Populurn Romanum vel adversus securitatem ejus
former term comprised Praetors and governors of commnsittitur."  lie then gives various instances of
Provinces; the latter, ini the Republican time, the crime of Majestas, some of which pretty nearly
comprised Aediles and Quaestors, and, under the correspond to treason in English law; but all the
Empire, the numerous body of 1Municipal Magis- offences included under M\ajestas comprehend more
-trates.  The want of the Imperium limited the  than the English trezson.  One of the offences inlpower of the Magistratus Minores in various mat- eluded in Majestas was the effecting, aiding in, or
ters which came under their cognizance, and the planning the death of a magistratus Populi Rowant of it also removed other matters entirely from  mani or of one who had Imperium  or Potestas.
their jurisdictio (taking the word in its general Though the phrase " crimen mnajestatis" was used,
sense).  Those matters which belonged to Juris- the complete expression was " crimen laesae, imdictio in its limited sense were within the corn- minitae, diminutae, minutae, majestatis."
petence of the Magistratus Minores [JUvRIsnIcTl0];    The word Majestas consistently with its relation
but those matters which belong to the Imperium, to,faeq (nus) signifies the magnitude or greatness
were for that reason not within the competence of of a thing.  " Majestas," says Cicero (Part. 30)
the Magistratus Minores. As proceeding from the  " est quaedam magnitudo Populi Romani;" " MaInperium we find enumerated the praetoriae stipu- jestas est in Imperii atque in nonminis Populi volationes, such as the cautio damani infecti, and  mani dignitate."  Accordingly the phrases " Maex novi operis nunciatione; and also the Missio jestas Populi Romani," " Imperii Majestas " (Hor.
in possessionem, and the In integruma restitutio. Csarn. iv. 15) signify the whole of that which
Thus it appears that the limited jurisdictio was constituted the Roman State; in other words the
confined to the Ordo juldiciorum privatorum, and  sovereign power of the Roman State. The expresall the proceedings Extra ordinem were based on  sion " minuere majestatem " consequently signifies
the Imperium: consequently a Minor Magistratus any act by which this majestas is impaired; and
could not exercise Cognitio, properly so called, and  it is thus defined by Cicero (de Itvenzt. ii. 17),
could not make a Decretunm.  This consideration  " Majestatem minucre est de dignitate, ant amplicxplains the fact of two Praetors for questions as tudine, ant potestate Populi ant eorum  quibus
to fideicommissa being appointed under Claudius:  Popuslus potestatenm dedit, aliquid derogare." (See
they had to decide such matters for all Italy, Cic.  de Faism. iii. 11.  " Majestatem  auxisti.'")
inasmuch as such matters were not within the  The phrase Majestas Publica in the Digest is
competence of the municipal magistrates.  The  equivalent to the Majestas Populi Romani.  In
jurisdiction of the municipal magistrates of Cisal- the Republican period the term Majestas Laesa or
pine Gaul was limited in many cases to a certain  Minuta was most commonly applied to cases of a
sum of money; and this limitation was afterwards  general betraying or surrendering his army to the
extended to all Italy. Added to this, these magis- enemy, exciting sedition, and generally by his bad
trates had not the Imperium, which, as. already  conduct in administration impairing the Majestas
observed, limited their Jurisdictio.             of the State. (Tacit. Anuz. i. 72.)
The Magistratus Minores could take cognizance    The Laws of the Twelve Tables punished with
of matters which were not within their jurisdictio,  death a person who stirred up an enemy against
by delegation from a superior Magistratus.  Thus  Rome or surrendered a Roman citizen to an enemy.
in the case of Damnurm Infectum, inasmuch as de- (Dig. 48. tit. 4. s. 3.) The Leges Masjestatis seeml
hay might cause irreparable mischief, the Praetor to have extended the offence of Majestas genecould delegate to the Municipal Magistratus, who  rally to all acts which impaired the Majestas
were under him, the power of requiring the Cautio. Publica; and several of the special provisions of
(Dig. 39. tit. 2. s. 4.)                        the Lex Julia are enumerated in the passage just
It became necessary to re-organize the admini- referred to.
stration of Gallia Cisalpina, on its ceasing to be a    Like many other leges the Lox Julia was modified




-MAJESTAS.                                         MAJESTAS.                   725
by Senatusconsulta and Imperial Constitutions; and  the Empire to be the fundamental enactment on
we must not conclude from the title in the Digest, this subject. This Lex Julia is by some attributed' Ad Legem Juliam Majestatis," that all the provi- to C. Julius Caesar, and assigned to the year B. c.
sionsenumerated underthat titlewere comprehended  48, and this may le the Lex referred to in the
in the original Lex Julia. It is stated byMarcianus, Digest; some assume a second Lex Julia, under
as there cited, that it was not Majestas to repair the  Augustus.  That a Lex de Majestate was passed
statues of the Caesar which were going to decay; in Caesar's time appears from  Cicero. (Pldilipp.
and a Rescript of Severus and his son Antoninls  i. 9.)
Caracalla declared that if a stone was thrown and    Under the Empire the term Majestas was applied
accidentally struck a statue of the Emperor, that to the person of the reigning Caesar, and we find
also was not Majestas; and they also graciously  the phrases Majestas Augusta, Imperatoria, and
declared that it was not Majestas to sell the  Regia.  It was however nothing new to apply the
statues of the Caesar before they were consecrated. term  to the Emperor, considered in some of his
I-Here then is an instance uinder the title ad Legema  capacities, for it was applied to the magistratus
Juliam  Majestatis of the Imperial rescripts de- under the Republic, as to the consul and praetor.
claring what was not Majestas.  There is also an  (Cic. Plhilipp. xiii. 9, ix Pisosenz, 11.)  Horace
extract from  Saturninus De Judiciis, who says even addresses Augustus (Ep. ii. ]. 288) in the
that if a person melted down the statues or ieza- terms "' majestas tua," blut this can hardly be
ginzes of the Impcrator which were alread,   con- viewed otherwise than as a personal compliment,
secrated, or did any similar act, he was liable to  and not as said with reference to aliy of the offices
the penalties of the Lex Julia Majestatis.  But -which he held.  The extension of the penalties
even this also does not prove that this provision  to various new offences against the person of the
was a part of the Julia Lex, as originally passed, for Emperor belongs of course to the Imperial period.
a Lex after being amended by Scnatusconsulta or Augustus availed himself of the Lex for prosecutImperial Constitutions still retained its namle.  In  ing the authors of famosi libelli (cognitionesmz  de
the time of Tiberius it was a matter of charge famnosis libellis, specie leqis ejeus, tractavit, Tacit.
against a man that in selling a garden he had in-.Alnn. i. 72; Dion Cass. lvi. 27; Sueton. Octav.
eluded a statue of Augustus; which Tiberius de- 55): the proper inference from  the passage of
clared to be no offence. (Tacit. Anni. i. 73.)     Tacitus is that the Leges Majestatis (for they all
The old punishment of Majestas was perpetual seem  to be comprised under the term  " Legem
Interdiction fronm fire and water; bult naw, sass  Majestatis,") did not apply to words or writings,
Paulus (S. R. v. 39), that is, in the later Imperia] l for these were punishable otherwise.  The pasperiod, persons of low  condition are thrown to  sage of Cicero (ad Fawn. iii. 11) is manifestly
wild beasts, or burnt alive; persons of better con- corrupt, and as it stands, inconsistent with the
dition are simply put to death.  The property of context; it cannot be taken as evidence that the
the offender was confiscated and his nmemory was Lex M-Iajestatis of Sulla contained any provisions
infamous.                                          as to libellous words, as to which there were
In the early times of the Republic every act of other sufficient provisions.  [INJURI.A.]  Sigonius
a citizen which was injurious to the State or its  has attempted to collect the capita of the Lex
peace was called Perduellio, and the offender (per-;Majestatis of Sulla.  Under Tiberius the offence
duellis) was tried before the populus (populi judi- of -Majestas was extended to all acts and words
cio), and, if convicted, put to death. (Liv. ii. 41, which miight appear to be disrespectful to the
vi. 20.)  The earliest trial and form of procedure  Princeps, as appears front various passages in Ta.
is that which is given by Livy (i. 26); after the  citus (Ann. i. 73, 74, ii. 50, iii. 38, 66, 67, &c.).
overthrow of the kingly power the notion of Per-  The term Perduellio was still in use under the
dluellio  and the process were in  some degree  Empire, and seems to have been ecyivalent to
changed.  Numerous offences against the state  Majestas at that period.
were comprehended under Perduellio.  For in-    An inquiry might be made into an act of Majesstatlce Cn. Fulvius (Liv. xxvi. c. 3.) was charged  tas against the Imperator even after the death of
with the offence of perduellio for losing a Roman  the offender; a rule which was established (as we
army; but in course of time, and probably after are informed by Paulus) by M. Aurelius in the
the passing of the Lex Porcia, though it does not case of Druncimams  or Druncanius, a senator who
appear that this Iex applied to Perduellio, the  head taken part in the outbreak of Cassius, and
punishment was aquae et ignis interdictio.  Ac- whose property was claimed by the fiscus after his
cording to Gaius " perduellis" originally signified  death.  (Perhaps the account of Capitdlinus, 14M.' hostis" (Dig. 50. tit. 16. s. 234); (and thus the Alit. Phil. c. 26, and of Vulcatius Gallicanu., Aviold offence of perduellio was equivalent to makinlg  discs Cassiuzs, c. 9, is not inconsistent with the statewar on the Roman State.  The trial for perduellio  ment of Paulus: on the case of Druncianus, see
(perduellionis judicietm) existed to the later times  Tillemont, Ilistoire des Enpe-reurs, vol. ii. p. 382.)
of the Republic; but the name seems to have  A  constitution of S. Severus and Antoninus Caraalmost fallen into disuse, and various leges were  calla declared that from  the time that an act of
passed for the purpose of determining more accu- Majestas was committed, a man could not alienate
rately what should be T%,ajestas.                  his property or manumit a slave, to which the
These Leges were a Lex Apuleia, probably  great (uaelnus) Antonilmus (probably Caracalla is
passed in the fifth consulship of Marius, the exact still ameant), added that a debtor could not after
contents of which are unknown (Cic. de Or. ii. 25, that time lawfully make a payment to him.  In
49), a Lex Varia a. c. 91 (Appian, Bell. Civ. i. the matter of Majestas slaves could also be ex37; Cic. Brett. 89; Valer. Mnaxim. viii. 6. ~ 4), a  amined by torture in order to give evidence against
Lex Cornelia passed by L. Cornelius Stlla (Cic. their master: this provision, though comprehended
in Pis. 21, psro  luest. 35), and the Lex Julia  in the Code under the title Ad Legem  Juliam
already mentioned, and which continued under M\lajestatis, was perhaps not containec in the oria
3A 3




726              MALLEUS.                                    MANCIPII CAUSA.
ginal law, for Tiberius sold a man's slaves to the  pitch and tow; which, having been set on fire, was'
actor publicus (Ann. iii. 67) in order that they  projected slowly, so that it might not be extinmight give evidence against their master, who was guished during its flight, upon houses and other
accused of Repetundae and also of Majestas. buildings in order to set them on fire; and which
Women were admitted as evidence in a case of was therefore commonly used in sieges together
Laesa Majestas, and the case of Fulvia is cited as  with torches and falaricae. (Liv. xxxviii. 6; Non.
an instance.  (Dig. 48. tit. 4; Cod. ix. tit. 8.)  Marcellus, p. 556, ed. Lips; Festus, s. v.; Cic.
As to the phrase Patria Majestas, see PATRIA  pro Mil. 24; Veget. de Re Mil. iv. 18; Vitruv. x.
POTESTAS.  (The history of Majestas is given  16. 9. ed. Schneider.)
with great minuteness by Rein, Das Criminalrecelt    MALUS.  [NAvIs.]
der Ro7zer.  A brief view of the subject is very    MALUS OCULUS.  [FAscINUM.]
difficult to give.)                   [G. L.]      MANCEPS has the same relation to Mancipium
MAJO'RES.  [INFANS.]                          that Alspex has to Auspicium.  It is properly qui
MA'LLEUS, dcim. MALLE'OLUS (pato-r'p.: mann  capit.  But the word has several special
q),u'pa, dim. aevppoiv,), a hammer, a mallet, was significations.  Mancipes were they who bid at the
used much for the same purposes in ancient as in  public lettings of the censors for the purpose of
modern times.  When several men were striking  farming any part of the public property.  (Festus,
with their hammers on the same anvil, it was a s. v. Manceps; Manceps dicitur qui quid a populo
matter of necessity that they should strike in time, emit conducitve, quia, &c.; Cic. pro Planec. c. 26,
iand Virgil accordingly says of the Cyclopes, "Inter  ed. Wunder.)  Sometimes the chief of the Publise brtchia tollunt inz numzezon." (Geosy. iv. 174; cani generally are meant by this term, as they were
Acun. viii. 452.)  The scene which he describes is no doubt the bidders and gave the security, and
represented in the annexed woodcut, taken from an  then they shared the undertaking with others or
ancient bas-relief, in which Vulcan, Brontes, and  underlet it.  (Ascon. in Div. Verr. c. 10.)  The
Steropes, are seen forging the metal, while the  Mancipes would accordingly have distinctive names
third Cyclops, Pyracmon, blo-wv the bellows. (Aen. according to the kind of revenue which they took
viii. 425.) Beside the anvil-stand [INcUs] is seen  on lease, as Decumani, Portitores, Pecuarii. Suetothe vessel of water, in which the hot iron or bronze  nius (Vesp. 1, and the note in Burmann's edition)
was immersed. (lb. v. 450, 451.)                 says that the father of Petro was a manceps of
labourers (opescre) who went yearly from Umbria
to Sabinumn to cultivate the land; that is, he hired
them from their masters and paid so much for the
/i -,2-;                          use of them; as is now often done in slave coun</!.. ~'~.                         Al ~,~,~  kk~{,it~j~':  \S><@tries.  The terms Mancipes Thermarum et Salinarum occur in the Theodosian Code (14. tit. 5.
en2~[ i/~,   ] /1r'- |,                   s. 3).                                [G. L.]
F 2S/YAY/t/J;N'\.i r'       /1: —,  4      MANCIPAITIO. [MANCIPIUs.]
SzKSC! 1                  /           @        $Ss K i  a le aMA'NCIPI RES. [DOMINIUA,]:\;.i'7;1"'- i!    uMANCI'PII CAUSA. The three expressions
kg,s  \\    \..Ft  by which the Romans indicated the status in
which a free person might be with respect to another, were In Potestate, In Manu, and In Mallcipio ejus esse.  (Gails, i. 49.)  In consequence
v —               JX                           / {l;/__ } //hy i,  Aof his Potestas a father could mancipate his child
/, ~._ G~ — ~  A ~.~ --- X ~to another person, for in the old times of the republic his Patria Potestas was hardly distinguished
from property.  A husband had the same power
But besides the employment of the hammer over a wife In Manu, for she was "filiae loco."
upon the anvil for making all ordinary utensils, Accordingly a child in Potestate and a wife in
the smith (XaXCeVs) wrought with this instrument Manu were properly Res Mancipi; and they were
figures called  ppya  vq)pvpjpa'ra (or 5Xoop6p71ra, said to be In Mancipio.  Still such persons, when
Brunck, Anal. ii. 222), which were either small mancipated, were not exactly in the relation of
and fine, some of their parts being beaten as thin  slaves to the persons to whom they were mancipated;
as paper and being in very high relief, as in the  but they occupied a status between free persons and
bronzes of Siris [LoaRcA], or of colossal propor- slaves, which was expressed by the words Mancipii
tions, being composed of separate plates, rivetted causa.  Such persons as were in Mancipii causa
together: of this the most remarkable example  were not Sui juris (Gains, i. 48-50); and all that
was the statue of the sun of wrought bronze (eopu- they acquired, was acquired for the persons to whom
p1nAaros ioeAoraoos, Theocrit. xxii. 47; *patoT7po- they were mancipated.  But they differed from
Moxrna, Philo, de 7 Spectac. 4. p. 14, ed. Orell.), slaves in not being possessed; they might also have
seventy cubits high, which was erected in Rhodes. an injuriarum actio for ill-treatment from those who
Another remarkable production of the same kind  had them'In Mancipio, and they did not lose the
was the golden statue of Jupiter (Strabo, viii. 6. rights of Ingenui, but these rights were only sus20; Plat. Plhaedr. p. 232, Heindorf), which was pended.  As to contracts, the person with whom
erected at Olympia by the sons of Cypselus.      they contracted might obtain the sale of such proBy other artificers the hammer was used in con- perty (bona) as would have been theirs, if they had
junction with the chisel [DoIzABRA], as by the  not been in mancipii causea; as Gaius expresses it
carpenter (pulsass nmalleus, Coripp. de Laud. Justini, (iv. 80).  Persons Tn mancipii causa might be
iv. 47; woodcut, p. 98) and the sculptos        manumitted in the same way as. slaves, and the
The term  n2alleolns denoted a hammer, the  limitations of the Lex Aelia Sentia and Furia Canitrarsverse head of which was formed for holding  nia did not apply to such manumissions. The per



MANCIPIUM                                          MANCIPIUM.                   0727
son who effected the manumission thereby acquired  than five witnesses, who must be Roman citizens
a kind of patronal right, which was of some im- and of the age of puberty (pilberes), and also in
portance in the matters of hereditas and tutela. the presence of another person of the same condition,
(Savigny, System, &c. i. 360.)                     who holds a pair of brazen scales and hence is
The strict practice of Mancipatio, as applied to  called Libripens. The purchaser (qui mancispio ctchildren, had fallen into disuse in the time of Gains, cipit), taking hold of the thing, says: I affirm that
and probably still earlier, and it had then become  this slave (honma) is mine Ex Jure Quiritiunm,   and
a mere legal form  by which the Patria Potestas he is purchased by me with this piece of money
was dissolved [EMANCIPAT10];  except a person  (aes) and brazen scales. He then strikes the scales
was mancipated ex noxali causa.  In case of delicts  with the piece of money, and gives it to the seller
by the son, the father could mancipate him (ex szosoali as a symbol of the price (quasi pretii loco)."  The
causa mancipio dare), and one act of mancipatio  same account of the matter is given more briefly by
was considered  sufficient (Gains, iv. 75 —73; Ulpian (Frac. xix.).  This mode of transfer apLiv. viii. 28; but the son had a right of action for plied to all Res Mancipi whether free persons or
recovering his freedom, when he had worked out slaves, animals or lands.  Lands (praedia) might
the amount of thedamage. (Mos. etRom. Leg. Coll. be thus transferred, though the parties to the
ii. 3.)  Justinian put an end to the noxae datio  mancipatio  were not on the lands; but all other
in the case of children, which indeed before his things, which were objects of mancipatio, were onlytime had fallen into disuse. (Inst. 4. tit. 8. s. 7.)  transferable in the presence of the parties, because
In his time, Gaius remarks (i. 141), that men  corporeal apprehension was a necessary part of the
were not kept in mancipii causa (isn eo jure) for ceremony.  The purchaser or person to whom the
any long time, the form of mancipatio being only  mancipatio  was made did not acquire the possession
used (except in the case of a noxalis causa) for the  of the mancipatio; for the acquisition of possession
purpose of emancipation.  But questions of law  was a separate act. (Gaius, iv. 131).  Gains calls
still arose out of this form; for the three mancipa- Mancipatio " imaginaria quaedam  venditio," for
tiones, which were necessary in the case of a son, though the law required this form for the transfer
might not always have been observed.  Accord- of the Quiritarian ownership, the real contract of
ingly a child begotten by a son who had been  sale consisted in the agreement of the parties as to
twice mancipated, but born after the third manci- the price.  The party who transferred the ownerpatio of his father, was still in the poower of his ship of a thing pursuant to these forms was saidl
grandfather.  A child begotten by a son who was "mancipio dare;"  he who thus acquired the
in his third mancipatio, came into his father's power ownership was said " mancipio accipere."  (Plaut.
if he was manumitted after that mancipation; but Trinsum. ii. 4. 18.)   The verb "Cmancipare " is
if the father died in mancipio, the child became  sometimes used as equivalent to "Cmnancipio dare."
sui juris. (Gaius, i. 135.)                        Horace (Ep. ii. 2. 159) uses the phrase "manciplt
Coemptio, by which a woman came in manum, usus," which is not an unreasonable licence: he
was effected by mancipatio, and the coemptio might means to'say that "usus' or usucapion has the
be either matrimonii causa, or fiduciae causl.  The  same effect as mancipatio, which is true; but usus
fiduciae causa coemptio was a ceremony which was  only had its effect in the case of Res Mancipi,
necessary when a woman wished to change her where there had been no Mancipatio or In Jure
tutores, and also when she wished to make a will; Cessio.  Both Mancipatio and In Jure Cessio
hut a senatusconsultum of Hadrian dispensed with  existed before the Twelve Tables (Frag. Vat. 50).
the ceremony in the latter case. (Gaius, i. 1 15, &c.)    Mancipatio is used by Gains to express the act
Dion Cassius (xlviii. 44) says that Tiberius Nero  of transfer, but in Cicero the word Mancipium is
transferred or gave (EddemcsKE) his wife to Octavianus, used in this sense.  (Cic. de Qf. iii. 16, de Oral.
as a father would do; and the transfer of his wife  i. 39.)
Marcia by the younger Cato to Quintus Hortensius    The division of things into Res Mancipi and
(Plut. Cat. 1ain. c. 25) is a well-known story. If in  Nec Mancipi, had reference to the formalities reboth these cases the wife was In Manu, she must quisite to be observed in the transfer of ownership,
have been mancipated.  Mancipatio in such case  It is stated in the article DOMINIUM, what things
would be equivalent to a divorce; at any rate, in  were things Mancipi.  To this list may be added
both the cases which have been mentioned, the  children of Roman parents, who were according to
second marriage must have been preceded by a  the old law Res Mancipi.  [MANCIPII CAUSA.]
consent to dissolve the marriage, which would be  The Quiritarian ownership of Res Mancipi could
sufficient if the wife was not in mannu, and would  only be immediately transferred by Mancipatio or
require the form of mancipatio if she was in manu. In Jure Cessio; transfer by tradition only mnade
(Gains, i. 1 37.)                                 such things In bonis.  The Quiritarian ownership
The situation of a debtor who was adjudicated  of Res nec mancipi was acquired by tradition only,
to his creditor resembled that of a person who was when there was a justa causa.  QuiritarianownerIn mancipii causa.                     [G. L.]    ship is called mancipium  by the earlier Roman
MANCFPIUM.  The etymology of this word  writers: the word dominiunm is first used by later
is the same as that of the word Mancipatio, of writers, as for instance Gains.  Mancipatio could
which Gaius (i. 121) says, " Mancipatio  dicitur only take place botwveen Roman citizens or those
quiad manu res capitur."  The term  Mancipium  who had the Commercium; which indeed appears
then is derived from  the act of corporeal appre. from the words used by the purchaser.  (Gains, i.
hension of a thing; and this corporeal apprehen-  119; Ulp. Frag. xix. 3.)
sion is with reference to the transfer of the owner-    The only word then by which this formal transfer
ship of a thing.  It was not a simple corporeal of ownership was made was Mancipium, which
apprehension, but one which was accompanied with  occurs in the Twelve Tables. (Dirksen, Uebersicht,
certain forms described by  Gains (i. 119):-  &c. p. 395.)  The word nexum  or nexus is also
"Mancipatio is effected in the presence of not less  sometimes used in the same sense.  Cicero (Thy.
3 A 4




728          MAND\ATI ACTIO.                                     MANDATUM.
5) defines "Abalienatio " to be " ejus rei quae      MANDAITUM.  It is a contract of mandatum
mancipi est;" and this is effected either by "tra- when one person commissions another to do someditio alteri nexu anut in jure cessio inter quos ea  thing without reward, and that other person underjure civili fieri possunt." According to this defini- takes to do it: and generally it may be stated that
tion " Abalienatio " is of a Res Mancipi, a class of whenever a man commissions another to do somethings determinate; and the mode of transfer is thing without pay, which, if the thing were to be
either by " traditio nexu " or by " in jure cessio."  done for pay (merces), would make the transaction
These two modes correspond respectively to the  a contract of locatio and conductio, the contract of'G mancipatio " and "cin jure cessio" of Gaius (ii. mandatum exists; as if a man gives clothes to a
41), and accordingly mancipatio or the older term  fullo to be furbished up and cleaned, or to a tailor
mancipium is equivalent to "traditio nexn:" in  (sarciaetor) to mend.  The person who gave the
other words mancipium  was a nexus or nexum. commission was the mandans or mandator: he who
Cicero (De Htarusp. respoons. c. 7) uses both words received it, was the mandatarius.  The mandatum
in the same sentence, where he speaks of various might be either on the sole account of the mantitles to property, antd among them  he mentions dator, or on another person's account, or on the
the J as mancipii and Jus nexi.  He may mean  account of the manldator and another person, or on
here to speak of the Jus mancipii in its special account of the mandator and mandatarius or on the
sense as contrasted with the Jus nexi which had a account of the mandatarius and another person.
wider meaning; in another instance he uses both  But there could be no mandatum on the account
words to express one thing. (Ad Famn. iv. 30.) Ac- (grctia) of the mandatarins only; as if a man
cording to Aelius Gallus, everything was  n"exum" were to advise another to put his money out to in"q quodcunque per aes et libram geritur;" and as terest, and it were lost, the loser would have no
mancipatio was effected per aes et libram, it was mandati actio against his adviser.  If the advice
consequently a nexum.  The form of mancipatio  were to lend the money to Titius, and the loan
by the aes and libra continued probably till Jus- had the like result, it was a question whether this
tinian abolished the distinction between Res Man- was a case of mandatum; but the opinion of Sacipi and Res Nec Mancipi.  It is alluded to by  binus prevailed, that it was, and the mandant thus
Horace (Ep. ii. 2. 158), and the libra, says Pliny  became security for Titius.  It was not mandatum
(xxxiii. 3), is still used in such forms of transfer.  if the thing was contra bonos mores, or in other
When things were transferred by mancipatio  words, if the object of the mandatum was an illegal
under a contract of sale, the vendor was boend to  act. A mandatum might be general or special 
warranty in double of the amount of the thing sold. and the mandatarius was bound to keep within
(Paul. S. R. ii. s. 16.)  A vendor therefore who  the limits of the mandatum.  The mandator had
had a doubtful title would not sell by mancipium, an utilis actio against such persons as the mandatabut would merely transfer by delivery, and leave  rius contracted with; and such persons had the
the purchaser to obtain the Quiritarian ownership  like action against the mandator;  and a directa
of the thing by usucapion.  (Plaut. Cure. iv. 2. 9, actio against the mandatarius.  The mandator and
Persa, iv. 3. 55.)  Accordingly Varro observes mandatarius had also respectively a directa actio
(De  Re Rusticca, ii. 10) that if a slave was not against one another in respect of the mandatum:
transferred by mancipium, the seller entered into a  the actio of the mandatarius might be for instipulatio dupli to be enforced by the buyer in the  demnity generally ill respect of what he had done
case of eviction; when the transfer was by manci- bona fite.  If the nmandatarius exceeded his compium, this stipulation was not necessary.  The  mission, he had no action against the mandator;
terms of the contract were called Lex Mancipii, but the mandator in such case had an action for
but it is not necessary to infer from the passage of the amount of damage sustained by the non-execuCicero (De Or. i. 39), that the Lex or terms con- tion of the mandatum, provided it could have been
tained the penalty, but merely that it contained  executed.  The mandatum might be recalled by
what the seller warranted. (See Pro lMus'ena, c. 2.) the mandans, or renounced by the mandatarius,
As to theapplicationof Mlancipatio to Testaments, "dum adhuc integra res sit," that is, no loss must
see TESTAMENTUM.                                 accrue to either party in consequence of the contract
It appears from what has been said that manci- being rescinded.  The contract was dissolved by
pium may be used as equivalent to complete owner- the death of either party; but if the mandatarius
ship, and may thus be opposed to usus as in a pas- executed the manldatum  after the death of the
sage of Lucretius that has been often quoted (iii. mandator, in ignorance of his death, he had his
935), and to Fructus (Cic. ad Fasez. vii. 29, 30). action against the heres, which was allowed "utiliSometimes the word imancipium signifies a slave, tatis cause."  According to Cicero a mandati judias being one of the Res mancipi: this is probably  ciumn was "Cnon minus turpe quam furti " (Pro
the sense of the word in Cicero (Top. 5) and  Rose. Asmer. c. 38); which however would obcertainly in Horace (Elp. i. 6. 39).  Sometimes  viously depend on circumstances.  [INFAsIIA.]
mancipia is used generally for Res mancipi (Ulp.    Mandatum is sometimes used in the sense of a
tit. xi. 27), unless Rem mancipi is the right read- command from a superior to an inferior.  UnJder
ing ill that passage.  Mancipation no longer ex- the empire the Mandata Principum were the comisted in the code of Justinian, who took away all mands and instructions given to governors of prodistinction between Res Mancipi and Nec Man- vinces and others.  (See the letter of Plinius to
cipi.  The ownership of all corporeal things was  Trajanus, and the emperor's answer, Plin. Elp. x.
made transferable by Traditio with a justa causa. 111, 112.) Frontinus (De Aquaeduet.) classes the
The subject of Mancipium and Mancipatio is Mandata Principum  with Lex and Senatuscondiscussed by Corn. Van Bynkershoek, Opusculums sulta. (See Puchta, Inst. i. 110.)
de Rebus Meancipi et Nec l4"ancipi; and Puchta,    (Gaius, iii. 155-162, iv. 83, 84; Inst. 3.
enst. ii. ~ 238.                     [G. L.]   tit. 21; Dig. 17. tit. 1; Cod. 4. tit. 35  Vangerow
MANDA'TI ACTIO.  [MaANDATAs.]                 Padi(ek;lc/e; &c. iii. 469.)          [G. L.]




MANSIO.                                            MANSIO.                   729
MANDRAE.  [LATRUNCULI.]                         afford a shelter during the night both to man and
MANDYAS (ulav[6as).  [LACERNA.]                 beast.
MANES.  See Diet. of Greek and Reom.  io-    The Latin term m2nezsio is derived from mnanere,
graply and Mlytkolo,qy.                            signifying to pass the n;ght at a place in travelling.
MANGONES.  [SERvvs.]                            On the great Roman roads the mansiones were at
MAINICA, a sleeve. Besides the use of sleeves the same distance from one another as on those of1
sewed to the tunic, which, when so manufalctured, the Persian empire.  They were originally called
was called ciiridota or snanicata tun.ica (Curt. iii. castro, being probably mere places of encampment
7. p. 12, ed. Zumpt), sleeves were also worn as a formed by making earthen entrenchments.  In
separate part of the dress. Palladius (de Re Rust. process of time they included, not only barracks
i. 43) mentions the propriety of providing ocreas and magazines of provisions (henrore) for the troops,
vmcicasque   de pellibus, i. e. leggins and sleeves but commodious buildings adapted for the reception
made of hides, as useful both to the huntsman and  of travellers of all ranks, and even of the emperor
to the agricultural labourer. The Roman gladiators himself, if he should have occasion to visit them.
wore, together with greaves, a sleeve of in appro- At those stations the cisiarii kept gigs for hire and
priate kind on the right arm and hand (Juv. vi. for conveying government despatches.  [CSIU I;u
255), as is exhibited in the woodcuts at p. 576.    ESSEDUn.]  The izmansio was under the superinThese parts of dress are mentioned together tendence of an officer called mneansionarius.
even as early as the Homeric age (see Ocd. xxiv.    Besides the post-stations at the end of each
2218, 229).  In this passage the manicae (XELpiLes) day's journey, there were on the Roman military
seem to be mittens, worn on the hands to protect ways others at convenient intervals, which were
them from briars and thorns: and Eustathius, in  used merely to change horses or to take refreshhis commentary on the passage, distinguishes be- ment, and which were called mzssutationes (&xaayal).
tween simple mittens, such as our labourers use in  There were four or five mutationes to one mansio.
hedging, and gloves, which he calls XELpiLes  aic- The Itinerasriuss   a BZl'diyala  lie2rusaleon 2usque,
v'o  Tats (p. 1960. init.).                        which is a road-book drawn up about the time of
Gloves with fingers (diqitalia, Varro, de Re Rust. Constantine, mentions in order the mansiones from
i. 55) were worn among the Romans for the per- Bourdeaux  to  Jerusalem  with  the intervening
formance of certain manual operations.  Pliny the  ssnutationes, and other more considerable places,
younger refers also to the use of manicae in winter which are called either civitates, viez, or cestell/o.
to protect the hands fioll  cold  (Epist. iii. 5). The nunber of leagues (leuyae) or of miles between
Those used by the Persians were probably made  one place and another is also set down.   [J. Y.]
of f ur, perhaps resembling muffs: the Persians also    MANTE'LE (XetlpbalcTrppo,     XelpEtcparyeoP), a
wore gloves in winter (bascTrvXOpas, Xen. Cyrsop. napkin.  The circumstance, that forks were not
viii. 3. ~ 17).  In an enumeration of the instru- irnvented in ancient times, gave occasion to the use
melnts of torture used in the fourth century of the  of napkins at meals to wipe the fingers (Xen. Qrop).
Christian era we observe " the glove " (Synes. i. 3. ~ 51); also when the meal was finished, and
E'pist. 58); but its construction or mlaterial is not even before it commenced, an apparatus was cardescribed.                                         ried round for washing the hands.  A basin, called
HIandcuffs were called mnanicce. (Virg. Georyg. iv. in Latin sealluvium (Festus, s. v.), and in Greek
439, Aenz. ii. 146; Plaut. Asin. ii. 2. 38, Capt. XipVl'/, XiplGoy, or XetpvL7rTPOVv, was held under
iii. 5. 1, MAost. v. 1. 17; Non. Marc-llus, s. v. the hands to receive the water, which was poured
Mle1aicae.)                            [J. Y.]    upon them out of a ewer (uwceolus).  Thus Homer
MANI'PULUS; MANIPULAIRES; MA-  describes the practice, and according to the acNIPULA'RI[. [ExaRClTUS, p. 500, b.]                count of a recent traveller, it continues unchanged
MA'NSIO (oaraO/4s), a post-station at the end  in the countries to which his description referred.
of a day's journey.  The great roads, which were  (Fellow's Journal, 1838,. p. 153.)  The boy or
constructed first by the kings of Persia and after- slave who poured out the water, also held the
wards by the Romans, were provided, at intervals napkin or towel for wiping the hands dry.  The
corresponding to the length of a day's journey, with  word mappa, said to be of Carthaginian origin
establishments of the same kind with the khans  (Quintil. i. 5. ~ 57), denoted a smaller kind of
or caravanseras which are still found in the East. napkin, or a handkerchief, which the guests carThere were 111 such stations on the road from  ried with them  to table.  (Hor. Sat. ii. 4. 81, ii.
Sardes to Susa (Herod. v. 52, 53, vi. 118), their 8. 63.)  The mantele, as it was larger than the
average distance from one another being something  z2appa, was sometimes used  as a  table-cloth.
less than 20 English miles.  The khan, erected at (Martial, xii. 29, xiv. 138.)
the station for the accommodation of travellers, is    The napkins thus used at table were commonly
called by Herodotlls iccar'iAvris and tcKararw-y1. made of coarse unbleached linen (&u/oAi'cp, Athen.
To stop for the night was KaSTaxveLv. (Xen. Anclb. ix. 79).  Sometimes, however, they were of fine
i. 8; Aelian, V. H. i. 32.)  As the ancient roads linen (e&tp',Uta~ta Aalumrpa&'v6ovuvp., Philoxenus,
made by the kings of Persia are still followed to a  alo. Athen. ix. 77).  Sometimes they were woollen
considerable extent (Heeren, Ideen, vol. i. pt. ii. with a soft and even nap (tonsis mnntelia villis,
pp. 193-203, 713-720), so also there is reason to  Virg. Georg. iv. 377, Aen. i. 702).  Those made
believe that the modern khan, which is a square  of Asbestos must have been rare.  The Romals
building, enclosing a large open court, surrounded  in the time of the emperors used linen napkins
by balconies with a series of doors entering into  embroidered or interwoven with gold (Lamprid.
plain unfrnis hed apartments, and having a foun- Helioqgab. 27, Al. Severus, 37, 40), and the traveller
tain in the centre of the court, has been copied by  already quoted informs us that this luxury still
uninterrupted custom  from  the Persic tcaraxAvas, continues in the East.  Napkins were also worn
anud that, whether on occasion of the arrival of by women as a head-dress, in which case they.
armlies or of caravans, they have always served to  were of fine materials and gay colours. (Athen. ixn




730            MANUMISSIO.                                         MAN UMISSIO.
79.)  These were no doubt put on in a variety of civitas could only be conferred by the sovereign
elegant ways, resembling those which are in use  power, and that therefbre there could be no effecamong the females of Italy, Greece, and Asia  tual manumnission except by the same power.  But
AMinor, at the present day.                        the form of the Vindicta itself supposes, not that
MANTIKE (gavTUKt.)  [DIVINATIO.]                the person manumitted was a slave, but that he
MANU'BIAE.  [SPOLIA.]                            was a free person, against whose freedom  his
MANUM, CONVENTIO  IN.   [MATRI-  master made a claim.  The proceeding before the
MONIUM.]                                           magistratus was in form an assertion of the slave's
MAN UMI'SSIO was the form by which slaves  freedom (man2ze asserere liberali causa, Plaut. Poesn.
and persons In lMancipii causa were released from  iv. 2. 83, &c.), to which the owner made no dethose conditions respectively.                     fence, but he let him  go as a free man.  The
There were three modes of effecting a Justa et  proceeding then resembles the In  Jure Cessio,
Legitima Manumissio. namely, Vindicta, Census, and was in fact a fictitious suit in which freedom
ald Testamentumn, which are enumerated both by  (libertas) was the matter in issue.  It followed as
Gains and Ulpian (Frcg. i.) as existing in their a consequence of the fiction, that when the magistime.  (Compare Cic. Top. 2, and Plautus, Cas. ii. tratus pronounced in favour of freedom  Ex jure
8. 68.)  Of these the Manumissio by Vindicta is  Quiritium, there could be no dispute about the
probably the oldest, and perhaps was once the only  Civitas.
mnode of manumission.  It is mentioned by Livy    In the case of the Census the slave was regisas in use at an early period (ii. 5), and indeed he  tered as a citizen with his master's consent.  The
states that some persons refer the origin of the  assumption that the Vindicta must have originally
Vindicta to the evenlt there related, and derive its  preceded the Census, for which there is no einame from Vindicius; the latter part, at least, of dence at all, is inconsistent with the nature of the
the supposition is of no value.                    proceeding, which was a registration of the slave,
The ceremony of the Manumissio by the Vin- with his master's consent, as a citizen. A question
dicta was as follows:-The nmaster brought his  might arise whether he should be considered free
slave before the magistratus, and stated the grounds  immediately on being entered on the censor's roll,
(causta) of the intended manumission.  The lictor or not until the lustrum was celebrated (Cic. de Or.
of the magistratus laid a rod (festuca) on the head  i. 40); and this was a matter of some importance,
of the slave, accompanied with certain formal words, for his acquisitions were only his own from  the
in which he declared that he was a free man ex  time when he became a free man.
Jure Quiritium, that is, G" vindicavit in libertatem."    The law of the Twelve Tables confirmed free-'The master in the meantime held the slave, and  dom which was given by will (testamezenttit;z). Freeafter he had pronounced  the words "hunc ho-  dom (libertas) might be given either directo, that
minem liberum  volo," he turned him round (szo-  is, as a legacy, or by way of fideicommissnm. The
mento turbinis e&it Marcus Daema, Persins, Sat. v. slave who was made free directo, was called orcinus
78) and let him go (eumzisit e mansz, or misit moanz, libertus (or horcinus, as in Ulp. Frag.), for the
Plaut. Capt. ii. 3. 48), whence the general name of same reason perhaps that certain senators were
the act of manumission.  The magistratus then  called Orcini.  (Sueton. Octav. 35.)  He who redeclared him  to be free, in reference to which  ceived his libertas by way of fideicommissum, was
Cicero (ad Att. vii. 2) seems to use the word  not the libertus of the testator, but of the person
" addicere."  The word Vindicta itself, which is  who was requested to manumit him (ianonumissoer):
properly the res vitdicatao, is used for festuca by  if the heres, who was requested to manumit, reHorace (Sat. ii. 7. 76).  Plautus (Mlil. Glor. iv. 1. fused, he might be compelled to manumit on appli15) uses festuca.                                  cation being made to the proper authority.  LiberIt seems highly probable that this form of Manu. tas might be given by fideicommissum to a slave of
missio was framed after the analogy of the In jure  the testator, of his heres, or of his legatee, and also
vindicationes (Gaius, iv. 16); and that the lictor to the slave of any other person (exttraneus).  In
in the case of manumission represented the opposite  case of libertas being thus given to the slave of
claimant in the vindicatio.  (Unterholzner; Vont  any other person, the gift of libertas was extindlen fJbrlmen der Manmnoissio per  Vindieltam   nd  guished, if the owner would not sell the slave at a
EZ.ancipaltio, Zeitschlrift, vol. ii. p. 139.)     fair price.  A slave who was made conditionally
As for the explanation of the word Vindicta see  free by testament, was called Statu liber, and he
VeINDICIAE and VINDICATIO.                         was the slave of the heres until the condition was
The Mmalumissio by the Census is thus briefly  fulfilled.  If a Statu liber was sold by the heres,
described by  Ulpian: " Slaves were formerly  or if the ownership of him was acquired by usumanumitted by census, when at the lustral census  capion, he had still the benefit of the condition: this
(lustrali census) at Rome they gave in their census  provision was contained in the Law of the Twelve
(some read nonenz instead of census) at the bidding  Tables.  If a slave was made free and heres by
of their masters." Persons In mancipio might also  the testator's will, on the death of the testator he
obtain their manumission in this way.  (Gaius, i. became both free and heres, whether lie wished it
140.)  The slave must of course have had a suffi- or not.  (Gaius, ii. 153; Ulp. Frag. xxii. 11.)
cient Peculium, or the master must have given him  [HERES.]
property.                                             A manumission by adoption is spoken of, but noIn the absence of decisive testimony as to the  thing is known of it. (Gell. v. 19; Inst. 1. tit. 11.
origin of these two modes of manumissio, modern  s. 12.)
writers indulge themselves in a variety of conjec-    The Lex Aelia Sentia laid various restrictions on
tures.  It may be true that originally the manu- manumission [LEx AELIA SENTIA], particularly as
mission by Vindicta only gave libertas and not to slaves under thirty years of age. The ceremony
civitas; but this opinion is not probable.  It may  of manumitting slaves above thirty years of age had
easily be allowed that in the earliest period the  become very simple in the time of Gaius (i. 20): it




MANUMISSIO.                                   MIANUS INJECTIO,                7,31
might be in the public road (in transitel), as when  name as a cognomen, either some name by which
the praetor or proconsul was going to the bath or he was previously known, or some name assumed
the theatre.  It was not the place which'determined  on the occasion: tllhus we find the names L. Cornethe validity of such an act, but it was the cir- lius Chrysogonis, M. Tullius Tiro, P. Terentius
cumstance of its being done before a competent Afer, and other likenames.  If he was manumitted
authority.                                       by the state as a Servus publicus, he received the
The Lex Furia or Fusia Caninia fixed limits to  civitas and a praenomen and gentile name, or he
the number of slaves who could be manumitted by  took that of the magistratus before whom he was
will.  The number allowed was a half, one third, manumitted.  The slave also assumed the toga or
one fourth, and one fifth of the whole number that dress of a Roman citizen, shaved his head and put
the testator possessed, according to a scale fixed by  on a pileus: this last circumstance explains the
the lex.  As its provisions only applied to cases expression " servos ad pileuIn vocare " (Liv. xxiv.
where a man had more than two slaves, the owner 32), which means to invite the slaves to join in
of one slave or of two slaves was not affected by  some civil disturbance by promising them liberty.
this lex.  It also provided that the slaves to whom  The relation between a Patronus and Libertus is
freedom was given, should be named.  This lex  stated under PATRONUS.
only applied to manumission by testament.  It    At the time when Gaius wrote, the peculiar
was passed about A. D. 7, and several senatuiscon- rights of Roman citizens were of less importance
sulta were made to prevent evasions of it. (Sueton. than they had been inder the republic.  He states
Octav. 40; Gaius, i. 42-46.)  This lex was re- that all slaves who were manumitted in the proper
pealed by Justinian.  (Cod. 5. tit. 3. De lege Fus. form and under the proper legal conditions, became
Can. tollendca.)                                 complete Roman citizens.  But this could not have
A  form of manumission "inter amicos " is al- been so in the earliest ages.  The liberti of the
luded to by Gaius. This was in fact no legal plebeians, for instance, before their masters obmanumission, but it was a mere expression of the  tained the honoree, could not be in a better conmaster's wish, which would have been sufficient in  dition than those who manumitted them, and their
tlhe absence of all positive law.  This might be masters had not then the complete civitas.  The
done by inviting the slave to table, writing him a  want of ingenuitas also affected their status;  but
letter, or in any other less formal way.  It is this continued to be the case even under the empire.
stated that originally such a gift of freedom could  [INGENUI.]
be recalled, as to which there can be no doubt, as    According to Dionysius (iv. 22), Servius Tullius
it was not legal freedom; but ultimately the prae- placed the libertini in the four Urbanae Tribus.
tor took persons who had been made free in this  In B. c. 311, the censor Appius Claudius gave the
manner under his protection, and the Lex Junlia  libertini a place in all the tribes. (Plut. Poplicol. 7;
Norbana gave them  the status called Latinitas. Liv. ix. 46,; Diod. xx. 36.) In the year B. c. 304,
[LEx JUNIA NORBANA; LATINI.]                    they were again placed in the four tribus urbanae
A  Manumissio sacrorum  causa is sometimes  (Liv. ix. 46); but it seems that the libertini did
mentioned as a kind of manumission, whereas the  not keep to their tribus, for in B. c. 220 they were
words Sacrorum causa point rather to the grounds again placed in the four urbanae tribus. (Liv. Epit.
of the manumission: the form might be the usual xx.)  In the censorship of Tiberius Gracchus,
form. (Festus, s.v. Mgnunzuitti, Purl; Savigny, B. c. 169, they were placed in one of the tribius
Zeitsc7zrift, vol. iii. p. 402.)                 urbanae determined by lot (Liv. xlv. 15; compare
Besides the due observance of the legal forms, DI)ionys. iv. 22), or as Cicero (de Or. i. 9) expresses
it was necessary in order to effect a complete manu- it, the father of Tiberius and Caius Sempronii
mission that the manumissor should have the Qui- transferred the libertini (nuitz atque verbo) into the
ritarian ownership of the slave.  If the slave was tribus urbanae. Subsequently by a law of Aemilius
merely In bonis, lie only became a Latinus by  Scaurus, about B. c. 1 l6, they were restored to the
manumission.  A woman in tutela, and a pupillus four city tribes, and this remained their condition
or pupilla could not manuamit.  If several persons to the end of the republic, though various attempts
werejoint owners (socii) of a slave, and one of them  were made to give them a better suffrage.  As to
manumitted the slave in such form as would have  the attempt of the tribune, C. Manilius B. c. 58, to
effected complete manumission, if the slave had  give the libertini votes in all the tribes, see Dioln
been the sole property of the manumissor, such  Cassius (xxxvi. 25), and the note of Reimarus. As
manumissor lost his share in the slave which ac- to the distribution of the libertini in the. tribus,
crued to the other joint owner or joint owners. see Becker, Hansdbuch der Riioz. Alterthlibner.
Justinian enacted that if only one joint owner was    A  tax was levied on manumission by a Lex
willing to manumit a slave, the others might be  Manlia. B. c. 357: it consisted of the twentieth
compelled to manumit on receiving the price fixed  part of the value of the slave, hence called Vicesiby law for their shares.  If one person had the ma. (Liv. vii. 16, xxvii. 10; Cic. ad Att. ii. 16.)
ususfructus and another the property of a slave,    As to Manmnlissio, see Becker, H:andbuc7s des
and the slave was manumitted by him who had  Roms. Alterthiinser, 2te Th. iste Abth.; Dig. 40.
the property, he did not become free till the usus- tit. 1. De MiIanusissionibus.)     rG. L.]
fructus had expired: in the meantime, however, he    MANUS.  [AEs MANU.RzIUsi]
had no legal owner (doszingss).                    MANUS FERREA.  [HARPAGO.]
The act of manumission established the relation    MANUS INJE'CTIO is one of the five modi
of Patronus and Libertus between the manumnissor or forms of the Legis Actio according to Gaius (iv.
and the manumitted. [LIBERTus.]  When manu- 12).  It was in effect in some cases a kind of
mitted by a citizen, the Libertus took the praeno- execution.  The judicati manus injectio was given
men and the gentile name of the manunissor, and  by the Twelve Tables.  The plaintiff (actor) laid
became in a sense a member of the Gens of his hold of the defendant, using the formal words
patron.  To these two names he added some other " Cuod tu mihi judicatus sive damnlatus s   sester



732                MARIS.                                         MARTYRIA.
tium x milia quae dolo malo non solvisti ob eamrn  (iv. 3. ~ 32) mentions a much larger measure of
rein ego tibi sestertium  x milia judicati manns  the same name, containing 10 congii, or nearly 8
injicio."  The defendant who had been condemned  gallons.                               [P. S.]
in a certain slm, had thirty days allowed him to    MARSU'PIUM   (goapv~rzrov, eBaXdvrzov), a
make payment in, and after that time he was liable  purse. (Non. Marcellus, s. v.; Varro, de Re Rust.
to the manus injectio.  The defendant was not iii. 17; Plant. MAlen. ii. 1. 29, ii. 3. 33, 35, v. i.
permitted to make any resistance, and his only  47, Poen. iii. 5. 37, Rud. v. 2. 26; Xen. Conziv.
mode of defence was to find some responsible per- iv. 2.)
son (vindex) who would undertake his defence (pro    The purse used by the aneo lege acere).  If he found no vindex, the plaintiff  cients was commonly a small
might carry the defendant to his house and keep  leathern bag, and was often
him in confinement for sixty days, during which  closed by being drawn together
time his name and the amount of his debt were at the mouth (odVrr7raa /     a- naaproclaimed at three successive nundinae.  If no  Adi'Vrm, Plat. Conviv. p. 404, ed.
one paid the debt, the defendant might be put to  Bekker).   Mercury is comdeath or sold.  (Gell. xx. 1.)  According to the  umonly represented holding one
words of the Twelve Tables, the person must be  in his hand, of which the anbrought before the Praetor (inl juts), which of course  nexed woodcut from an intagmlealns that le must be seized first: if when  lio in the Stosch collection at
broaught before the praetor, he did not pay the  Berlin, presents an example.          [J. Y.]
money (ssi jZudicatZsu solvit) or find a vinldex, he    MA'RTIA LE'GIO. [EXERCITUS, p. 492, b.]
might be carried off and put in chains, apparently    MARTIA'LIS FLAMEN.  [FLAIMEN.]
without the formality of an addictio.  The Lex    MARTIA'LES LUDI. [LUDI MARrIALES.]
Plblilia, evidently following the analogy of the    MARTY'RIA (goapTrptac), signifies strictly the
Twelve Tables, allowed the. manus injectio in the  deposition of a witness in a court of justice, though
case of money paid by a sponsor, if the sponsor was the word is applied metaphorically to all kinds of
not repaid in six months.  The Lex Furia de  testimony.  We shall here explain-1, what perSponsu allowed it against him who had exacted  sons were competent to be witnesses at Athens;
fiom  a sponsor more than his just proportion  2, what was the nature of their obligation; 3, in
(virilis pars).  These and other leges allowed the  what manner their evidence was given; 4, what
manus injectio  ro'0 judicato, because in these cases was the punishment for giving false evidence.
the claim of the plaintiff was equivalent to a claim  None but fieemen could be witnesses.  The inof a res judicata.  Other leges granted the manus capacity of women may be inferred from the geneinjectio pura, that is, non pro judicato, as the Lex  ral policy of the Athenian law, and the absence of
Furia Testamentaria  and the Marcia adversus any example in the orators where a woman's evifineratores. But in these cases the defendant might dence is produced.  The same observation applies
withdraw himself from the manus injectio (1Lanu1nz to minors.
sibi depellere), and defend his cause; but it would    Slaves were not allowed to give evidence, unless
appear that he could-only relieve himself from this upon examination by torture (,do-avos).   There
seizure, by actually undertaking to defend himself appears to have been one exception to this rule,
by legal means. Accordingly, if we follow the viz., that a slave might be a witnessagainst a freeanalogy of the old law, it was in these cases an  man in case of a charge of murder (Antiph. tie
execution if the defendant chose to let it be so; MIorte Her. 728), though Platner (Att. Proc. p.
if he did not, it was the same as serving him  215) thinks this only applied to the giving inforwith process to appear before the Praector.  A lex, mation.  The party who wished to obtain the evithe name of which is obliterated in Gaius, allowed  dence of a slave belonging to his opponent chalthe person seized to defend his own cause except lenged him to give up the slave to be examined
in the case of a'"judicatus," and " is pro quo (.,e? L T-V 8oSxov).  The challenge was called
depensun est;" and consequently in the two latter 7rp'icA7zrLs.  The owner, if he gave him up, was
cases even after the passing of this lex, a man was said Ecaomvai or  rapaoovvam.  But he was not
bound to find a vindex. This continued the practice  obliged so to do, and the general practice was to
so long as the Legis Actiones were in use; refuse to give up slaves, which perhaps arose from
whence," says Gaius (iv. 25), "in our time a  humanity, though the opponent always ascribed it
man  cnm quo judicati depensive agitur' is com- to a fear lest the truth should be elicited.  The
pelled to give security'judicatur solvi.'"  From  orators affected to consider the evidence of slaves,
this we may conclude that the vindex in the old  wrung from them by torture, more valuable alld
time was liable to pay, if he could find no good de- trustworthy than that of freemen; but it must be
fence to the plaintiff's claim; for as the vindex  observed, they always use this argument when the
could " lege agere," though the defendant could not, slave had not been examined. (Demosth. c. Ap)hob.
we must assume that he might show, if he could, 848, c. Onet. 874; Hudtwalcker, Ueber die Didi
that the plaintiff had no ground of complaint; as, teten, p. 44, &c.)
for instance, that he had been paid; and that if   Citizens who had been disfranchised (?ijrTwhe had no good defence, he must pay the debt /uEvor) could not appear as witnesses (any more
himself.  The subject of the manus injectio is thlan as jurors or plaintiffs) in a court of justice;
discussed by Puchta, Inst. ii. ~ 160, 162, 179, iii. for they had lost all honourable rights and pri~ 269.                                [G. L.]    vileges. (Demosth. c. Neaer. 1353; Wachsmuth,
MAPPA.  [MANTELE.]                             vol. ii. pt. i. p. 244.)  But there was no objection
MIARIS (/adpls, Iladp-s, Hesych. uscip''ovo), a  to alien freemen. (Demosth. c. Ltcer. 927, 929;
Greek measure of capacity, which, according to  Aeschin. de Feals. Leg. 49, ed. Steph.)  We learn
Pollux (x. 184) and Aristotle (Iist. An. viii. 9), from Harpocration (s. v. Amcasapvupla) that in acontained 6 cot ylae, or nearly 3 pints.  Polyaenus  tions against fremen for neglect of duty to their




MARTYRIA.                                          MARTYRIA.                   a733
patrons (7rooT'aaiov  i8tcaL) foreigners were not al- to -give, or thought he might give, at the trial. For
lowed to put in an affidavit, that the action was all testimonial evidence was required to be in -writnot maintainable (/j E'4TraOyWylqov   eeTa). But this  in, in order that there might be no mistake about
call hardly be considered an exception, for such  the terms, and the witness might leave no subteraffidavits gave an undue advantage to the party. fuge for himself when  convicted of falsehood.
for whom they were made.                           (Demosth. c. Steph. 1115, 1130.)  The a&vdKpe-s
Neither of the parties to a cause was comptent might last several days, and, so long as it lasted,
to give evidence for himself, though each was com- fresh evidence might be brought, but none could
pelled to answer the questions put by the other. be brought after the last day, when the box Awas
The law declared.'rov,'ts roiaLow, l'raaYicS  eteal sealed by the magistrate, and kept so by him till
&wrocpltvaOaL &AXAAlols'rb EpwcTc/Icevov,!iaprVpe7v  the day of trial. (Demosth. c. Alp/sob. 836, c. Boeot.
6E/ 4I. (Demosh. c. Steph/. 1131.) That the friends  de No1V. 999, c. Eueeg. et Mitnes. 1143, c. Conzon.
of the party, who pleaded for him (called avvs(yo-  1265.)
pol), were not incompetent to give evidence, ap-    The form of a deposition was simple.  The folpears from the fragment of Isaeus, pro Euphil., and  lowing example is from  Demosthenes (c. Leacir.
also from Aeschines, who, on his trial for miscon- 927):- " Archenomides son of Archedamas of
duct in the embassy, calls Phocion to assist him  Anagyrus testifies, that articles of agreement were
both as a witness and an advocate. (De Fals. Leg. deposited with him  by Androcles of Sphettus,
pp. 51, 53, ed. Steph.)                            Nausicrates of Carystus, Artemon and Apollodorus
The obligation to attend as a witness, both in  both of Phaselus, and that the agreement is still ill
civil and criminal proceedings, and to give such  his hands."  Here we must observe that whenevidence as he is able to give, arises out of the  ever a document was put in evidence at the trial,
duty which every man owes to the state; and  as an agreement, a will, the evidence of a slave, a
there is no reason to believe that any persons (ex- challenge, or anl answer given by either party at
cept the parties themselves) were exempted from  the XdeacpmotLs, it was certified by.a witness, whose
this obligation.  The passages which Platner (Att.  deposition was at the same time produced and
Proc. p. 217) and Scholmann (Att. Proc. p. 67])  read. (Demosth. prso P/horm.- 946, 949, 957, c.
cite in support of the contrary view, prove nothing  Phaenzipp. 1046, c. Step/h. 1120.)
more than that the near relations of a party were    The witness, whether he had attended before'.eluctcat to give evidence against him; whereas the  the magistrate or not, was obliged to be present at
fact that they were bound by law to give evidence  the trial, in order to confirm his testimony.'luhe
may be-inferred from Demosthenes (c. Aphob. 849, only exception was, when he w:as ill or out of the
850, 855).                                         country, in which case a commission might be sent
The party who desired the evidence of a wit- to examine him.  [Ecn-ARTYvIA,.]  All evidence
ness, summoned him  to attend for that purpose. was produced by the party during his own speech,
The summons was called w7rp'ocAXrlrLs. (Demostli. the KIeCAvapa  being stopped  for that purpose.
c. Timotls. 1194.)  If the witness promised to  (Isaeus, de Pyrr. her. 39, ed. Steph.; Demosth. c.
attend and failed to do so, he was liable to an  Eubull. 1305.)  The witness was called by an
action called atfmj hAstrotapTrvpiou.  Whether he  officer of the court, and mounted on the raised
promised or not, he was bound to attend, and if platform (,/3B1a) of the speaker, while his deposihis absence caused injury to the party, he was  tion was read over to him by the clerk; he then
liable to an action (8iKc1  3Ahaid~s).  This is the  signified his assent, either by express words, or
probable distinction between these forms of action, bowing his head in silence. (Lys. de Er1atos. Alort.
as to which there has been much doubt. (Meier  94, ed. Steph.; Aesch. de Fals. Leg. 49, ed. Steph.;
and Schbmann, Alt. Proc. p. 387; Platner, Att. Demosth. c. ill/id. 560, c. P/te1r1. 913, c. Steph/.
Proe. p. 221.)                                     1109. c. Eubul. 1305.)  In the editions that we
The attendance of the witness was first required  have of the orators we see sometimes IMapTvpia
at the av'rcpotus, where he was to make his deposi- written (when evidence is produced) and sometion before the superintending magistrate ('yey&/,v  times MapTrv.ps.  The student must not be de,
8tKaeor'?ptov).  The party in whose favour he ap- ceived by this, and suppose that sometimes the
peared, generally wrote the deposition at home  deposition only was reld, sometimes the witnesses
upon a whitened board or tablet (AeXevKuspEroov  thenlselves were present.  The old editors merely'ypa/reuaTEaov), which he brought with him  to the  followed the lanlguage of the orators, who said
magistrate's office, and, when the witness had de- " call the witnesses," or " mount ulp witnesses," or
posed thereto, put into the box (Xylvoe) in which  " the clerk shall read you the evidence " or someall the documents in the cause were deposited.  If thing to the same effect, varying the expression
the deposition were not prepared beforehand, as  according to their fancy. (See Lys. pr'o lllanti/tl.
must always have been the case when the party  147, ed. Steph.; Isaeus, de Pylre. Iher. 45, ed.
was not exactly aware what evidence would be  Steph.; Demosth. c. Callipp. 1236, c. Necer.
given, or when any thing took place before the  13,52.)
magistrate which could not be -foreseen, as for in-    If the witness was hostile, he was required
stance a challenge, or question and answer by the  either to depose to the statement read over to him,
parties; in such a case it was usual to write down  or to take an oath that he knew nothing about it
the evidence upon a waxen tablet. The difference  (laprvpeT, i  i~ops'ety).  One or the other he
between these methods was much the same as be-  was compelled to do, or if he refused, he was sentween writing with a pen on paper, and with a  tenced to pay a fine of a thousand drachms to the
pencil on a slate; the latter could easily be rubbed  state, which sentence was immediately proclaimed
out and written over again if necessary. (Denlosth. by the officer of the court, who was commanded
C. St2eph. 1] 32.)  If the witness did not attend, KEV'EbstsV or EKKAhrcu-eLeE   avroh'V, i. e. to give himin
his evidence was nevertheless put into the box, notice that he was in contempt and had incurred
that is, such evidence as the party intended  inm [ the fine. (Demosth. c. Aphob. 850, c. Ncaer. 1373,




734              MARTY'RIA.                                         MARTYRIA.
c. Tlieocr. 1324; Aesch. c. Timarch. 10, ed. Steph.; iErtieKi1wJ,, and the pl aintiff was said E'sr,(,cTrTe'TIsaeus, de Astyph. her. 76, ed. Steph., c. Leocr. Oat Trfi aprTpta or hTi taprvpL (Isaeus, de Py'r.
150, ed. Steph.; Meier and Sch6mann, Art. Proc. ther. 3.9, de Dicaeoq. her. 52, ed. Steph.; Demnosth.
)p. 672; Platn. Att. Proc. p. 219.)                c. Aphob. 846, 856; Iarpocr. s. v.'ESrect'eC'/fIro).
An oath was usually taken by the witness at This cause was probably tried before the same prethe avdtepio'is, where he'was sworn by the opposite  siding magistrate as the one in which the evidence
part)y at an altar (Qrpbs -brv  lcopbUV iWPIeCpaO). If was given. (Meier, 4lt. lTroc. p. 45.)  The forem
he had not attended at the a&vacKpLtts, he might be  of the plaintiff's bill, and of the defendant's plea
sworn afterwards in court; as was always the case  in denial, will be found in Demosthenes (c. Steph.
when a witness took the oath of denial (moo'esf).]  1115). From the same passage we also learn that
In the passage just cited from Lycurgus, the ex- the action for false testimony was a TJ1xqTbs &ya,,
pression XagovTas tr&  Epa  means nothing more  in which the plairbtiff laid his own dliamages in the
than touching the altar or its appurtenances, and  bill; and from Demosthenes (c. Aplohb. 8149, 859),
has no reference to victims. (Valckenaer, Opuysc. it appears that the dicasts had power not only
h'lilol. vol. i. pp. 37-39.)  Whether the witness  to give damages to the plaintiff, butt also to inflict
was always bound to take an oath, is a doubtful the penalty of &Trl/'a by a 7rpoT'rlir-is. (See also
point. (See Demosth. c. Coron. 1265, c. Stepl. Isaeus, de Dicaeog. ]her. 52.)  A witness who had
1]19, e. EIbeld. 1305; Aesch. de Fals. Leg. 49, been a third time convicted of giving false testied. Steph.; Schbmann, Att. Proc. p. 675.)          mony was ipso jure disfranchised.  (Meier, Alt.
The oath of the witness (the ordinary YdlAos Proc. p. 383.)  The main question to be tried in
opicos) must not be confounded with the oath  the cause against the witness was, whether his
taken by one of the parties, or by some friend or evidence was true or false; but another question
other person out of court, with a view to decide  commonly raised was, whether his evidence was
the cause or some particular point in dispute. This material to the decision of the previous cause. (Dcwas taken by the consent of the adversary, upon a mosth. c. Euley. et A/lones. 11 39, 1161, c. Apho1).
challenge given and accepted; it was an oath of a  853-856, c. Steph. 1117; Platner. Att. P'roc.
more solemn kind, sworn by (or upon the heads of)  vol. i. p. 400, &c.)
the children of the party swearing (Ka ra'rcOV    When a witness, by giving false evidence against
vrai6eo), or by perfect or full-groxvn  victims (tKaO' a man upon a criminal trial, had procured his coniepdCv eXeslwio), and often with curses upon himself viction, and the convict wvas sentenced to such a
or his family (tear' EooXEsLas), and sometimes was punishment (for instance, death or banishment) as
accompanied with peculiar rites, such as passing  rendered it impossible for him to bring an action,
through fire (G&d ToD 7rvpts).  The mother, or any other person was allowed to institute a public
other female relation of the party (who could not prosecution against the witness, either by a yparp'i;,
be a witness) was at liberty to take this oath. or perhaps by an elo'ayyeAia or 7rpooX6i. (Andoc.
(Demosth. c. Aphob. 852, c. Boeot. de Dote, 1011, de Al~yst. 4; Platner, Alt. Proc. p. 411; Meier,
c. Ti2moth. 1203, c. Callipp. 1240, c. Conon. 1269, Att. Proe. p. 382.)
c. Neaer.: 1365; Wachsmuth, vol. ii. pt. i. p. 335;    After the conviction of the witness, an action
Illudtwxalcker, pp. 52-57.)                       might be maintained against the party who subOn some extraordinary occasions we find that orned him  to give false  evidence, called  itKsy
freemen were put to the torture by a special de- tcatcoreXmovm. (Demosth. c. Timoth. 1201, c. Efttey.
cree of the people or the senate; as on the occa- et Aines. 1139.) And it is not improbable that a
sion of the mutilated Hermes busts (Thirlwall, similar action might be brought against a person,
Ilist. of Greece, c. 25. p. 393); and they were less who had procured false evidence to be given of a
Scrupulous about aliens than about citizens; but defendant having been summoned, after the con(as a general rule) it is certain that freemen could  viction of the witness in a -ypaj t/evsuotcArIreias.
snot be tortured in courts of justice, and even an  (Meier, Alt. Proc. p. 759.)
emancipated slave, Demosthenes says it would be    It appears that in certain cases a man who had
an act of impiety (ohL' Boeov) to give up for such  lost a cause was enabled to obtain a reversal of the
it purpose.  (Demosth. C. 4pl7ob. 856, c. Timothb. judgment (Mictr adva'sros), by convicting a certain
1 200; Meier, Alt. Pr'oc. p. 684.)                number of the adverse witnesses of false testimony.
With respect to hearsay evidence see EAeIAa- Thus in inheritance causes the law enacted  eav
vTYRIA: and with respect to the affidavit called  ah'rrs'crv e, evEolfaprvptc, Irdit E'' ahpXers
6iaoeaprvpia, see HERES, P. 597, a.              Eehat wrepl a'wv Y r Am s Aiets.  (Isaeus, de Ia.qn.
We have hitherto spoken only of causes which  her. 88, ed., Steph., de Dicaeog. her. 50,'51.) This
came before the dicasts in the ordinary way, and  was the more necessary, on account of the facility
have said nothing of those which were decided by  afforded to the parties to stop the progress of these
the public arbitrators.  The above remarks, how- causes by affidavits, and also because no money
ever, will equally apply to the latter, if the reader could compensate an Athenian for the loss of an
will bear in mind that the arbitrator performed the  inheritance.  The same remedy was given by the
duties of the magistrate at the advcploits as well as law to those who had been convicted in a lilcsj
those of the &ioac'ra1 at the trial.  lie heard the  tev3o/papTvpmimV or in a yparp  SeVIas. In the last
witnesses and received the depositions from day to  case the convicted person, who proceeded against
day, as long as he sat, and kept the eiX7Yos open  the witness, was compelled to remain in prison
until the last day (iKupca,' m1iApa,). (See Demosth. until the determination of his suit.  (Demosth.
c. Mid. 541, c. Tismotet. 1199; Meier and Schi- c. Timocr. 741.)  We are informed that these are
mann, Att. Proc. p. 676.)                          the only cases in which a judgment was allowed
If the witness in a cause gave false evidence, to be reversed in this way; but whether there
the injured party was at liberty to bring an action  were not msore cases than these has been justly
against him (IKhc  4Eev6o0LapTvpt1CV) to recover com-  doubted by Schimainn (Alt. Proc. 761).  The
pensation.  The proceeding was sometimes called  Scholiast on Plato (Leg. xi. 14) is evidently wrong




MATRALIA.                                       MATRiMONIUM.                   7:35
in supposing that it was necessary under tlie Athe-  admitted into the temple. (Compare Hartung, Die
nian law to convict more than half the number of Relig. der Romer, vol. ii. p. 75.)        [L. S.]
the witnesses. This appears from the passage above    MATRIMO'NIUM,  NU'PTIAE  (?ydos),
cited from Isaeus on the estate of Hagnias.        marriage.  1. GREEK.  The ancient Greek legisWe conclude by noticing a few  expressions. lators considered the relation of marriage as a
Maprupesiv  rtvL is to testify in favour of a man, matter not merely of private, but also of public or
KaTraaprvpeT Y'ruvos to testify against.  McPT-r.. general interest.  This was particularly the case
peOaem to call to witness (a word used poetically), at Sparta, where the subordination of private inaeteapvrperoar   and  sometimes ierqlapTripEoOat,  terests and happiness to the real or supposed exi-,rous 7rapo'Tas, to call upon those who are present gencies of the state was strongly exemplified in the
to take notice of what passes, with a view to give  regulations on this subject.  For instance, by the
evidence.  (Demosth. c. Euerg. et Ma1nes. 1150.)  laws of Lycurgus, criminal proceedings might be
YEvuo1Aap-rupefY  and i7rnopce~'v are never used in-  taken against those who married too late (ypaerp7
differently, which affords some proof that testi-  d4t-yaifou) or unsuitably (ypa~/7 scaKo3yaiovU), as
mony was not necessarily on oath.  The c' pros  well as against those who did not marry at all
(witness in the cause) is to be distinguished from   (/YPapi  &yayuov). (Pollux, viii. 4 0; Plut. Lycury.
the ItcAr'lp or Ktxir7WP, who merely gave evidence  15.)  These regulations were founded  on  the
of the summons to appear.           [C. R. K.]    generally recognised principle, that it was the duty
MASTE'RES (pae'T7pes).  [ZETETAE.]              of every citizen to raise up a strong and healthy
MASTI'GIA.  [FrAGRUM.]                          progeny of legitimate childien to the state. (MiilMASTIGO'PHORI  or MASTIGO'NOMI  ler, Dorians, iv. 4. ~ 3.)  So entirely, in fct, did
(pleaar7yoqLpo t or eyaTo'ryovL soo ), the name of the  the Spartans consider the retc'yroLta, or the prolower police officers in the Greek states, who car- duction of children, as the main object of marriage,
ried into execution the corporal punishments in- and an object which the state was bound to profiicted by the higher magistrates. Thus Lycurgus  mote, that whenever a woman had no children by
assigned mastigophori to the Paedonomus at Sparta, her own husband, she was not only allowed, but
who had the general superintendence of the edu- even required by the laws, to cohabit with another
canton of the boys. (Xen. Rep. Lac. ii. 2, iv. 6; man.  (Xen. de Riep. Lac. i. 8.)  On the same
Plut. Lyc. 17.)  In the theatre the mastigophori principle, and  for the  purpose of preventilng
preserved order, and were stationed for this pur- the extinction of his family, the Spartan kilng,
pose inll the orchestra, near the thymlele. (Schol. Anax-andrides, was allowed to cohlabit with two
ad Plat. p. 99, Ruhnken; Lucian, Pisc. 33.)  In  wives, for whom  he kept two separate establishthe Olympic games the PaCeoOxos performed the  ments: a case of bigamy, which, as Herodotus
same duties.  At Athens they were discharged by  (vi. 39, 40) observes, was not at all consistent
the public slaves, called bowmen (rotomTat), or with Spartan nor indeed with Hellenic customs.
Scythialns (cKV0aem).  [DEMOSII.]                  Thus the heroes of Homer appear never to have
MATARA.  [HASTA, p. 589, a.]                    had more than one xovpaiLs. da{oxos (Buttmann,
MATERFAMI'LIAS.  [MATRIiONIUM.]                 Lexzilogus, 73); though they are frequently repreMATHEMA'TICI.  [ASTROLOGIA.]                    semted as living in concubinage with one or more
MATpRA'LIA, a festival celebrated at Rome  w raNXamca.  Solon also seems to have viewed marevery year on the 11th of June, in honour of the  ringe as a matter in which the state had a right to
goddess Mater Matuta, whose temple stood in the  interfere, for we are told that his laws allowed of a
Forum  Boarium.  It was celebrated only by Ro-  ypacp  a&yaeLov, though the regulation seems to
man matrons, and the sacrifices offered to the god-  have grown obsolete in later times; at any rate
dess consisted of cakes baked in pots of earthen-  there is no instance on record of its application.
vware. (Varro, de Lingc. Lat. iv. p. 31, Bip.; Ovid.  (Platner, Process, &c. vol. ii. p. 248.)   Plato too
Fast. vi. 475, &c.)  Slaves were not allowed to  may be quoted to prove how general was this feeltake part in the solemnities, or to enter the temple  ing, for according to his laws (Left. iv. p. 721),
of the goddess.  One slave, however, was admitted  any one who did not marry before he was thirtyby the matrons, but only to be exposed to a humi-  five was punishable not only with  -rTuIla, but also
liatillg treatment, for one of the matrons gave her  with pecuniary penalttes: and he expressly states
a blow oin the cheek and then sent her away from  that ill choosing a wife every one ought to consult
the temple.  The matrons on this occasion took  the interests of the state, and not his own pleawith them  the children of their sisters, but not sure.  (Leg. vi. p. 773.)
their own, held them in their arms, and. prayed for    But independent of any public considerations
their welfare.  (Plut. Canl. 5, Qzmaest. Reot. p. there were also private or personal reasons (peculiar
267.) The statue of the goddess was then crowned  to the ancients) which made marriage an obligawith a garland, by one of the matrons who had  tion.  Plato (I. c.) mentions one of these, viz.
not yet lost a husband. (Tertull. MIonoyma7. c; 17.)  the duty incumbent upon every individual to proThe Greek writers and their Roman followers, vide for a continuance of representativesto succeed
who identify the Mater Matuta with Leucothea or himself as ministers of the Divinity ('ri OeE  Vh7r1nIno, explain the ceremonies of the Matralia by  pE'as &,O' avroD 7rapabldvam).  Another was the
aneans of the mythological stories which relate to  desire felt by almost every one, not merely to perthese Greek goddesses.  But the real import of petuate his own name, but also to prevent his
the worship of the Mater Matuta appears to have  "heritage being desolate, and his name being cut
been to inculcate upon mothers the principle, that off" (0'7rCs mo iepEP7,sc0ocoi'oVs'ope-epcmmlnov avremV
they ought to take care of the children of their  c'covs), and to leave some one who might make
sisters as much as of their own, and that they  the customary offerings at his grave ( Axx' Esare
should not leave them to careless slaves, the con-'ris Kal 6 E'VaLdYo', Isaeus de Apoll. H.ered. p. 66.
tempt for whom  was symbolically expressed by  Bek.).  We are told that with this view childless
the infliction of a blow on the cheek of the one  persons sometimes adopted children.




7.2 6         MATRIIM ONI iUM;I.                                  MATRIMONIU-M.
Th'le choice of a wife among the ancients was but heiress in fact, together with her inheritance,
rarely grounded upon affection, and scarcely ever  seems to have belonged to the kinsmen of the
could have been the result of previous acquaintance  family, so that in early times a father could not
or familiarity.  In many cases a father chose for give his daughter (if an heiress) in marriage withhis son a bride whom the latter had never seen, or out their consent.  (Muiiller, Doieans, ii. 10. ~ 4.)
compelled him to marry for the sake of checking  But this was not the case according to the later
his extravagances.  Terence (Andrida, i. 5) thus  Athenian law  (Demosth. c. Steph. p. 1134), by
illustrates the practice:-                         which a father was empowered to dispose of his
" Pater praeteriens modo            daughter by will or otherwise; just as widows
Mihi apud forum, uxor tibi ducenda est, Pamphile,  also were disposed of in marriage, by the will cf
hodie inqulit: pcara."                          their husbands, who were cns'idered their rigllhtful guardians (Kcvpro).   (Demosth. c. Aphol.
In Plautus (Trinum. v. 2. 59) a son promises his  p. 814.)
father that he will marry in these words:-            The same practice of marrying in the family
" Ego ducam, pater: etiam si quam aliam jubebis."  (OiKOS), especially in the case of heiresses, prevailed
at Sparta; thus Leonidas married the heiress of
Representations of this sort may indeed be con-  Cleomenes, as being her aYXseTESS, or next of kin,
sidered as exaggerations, but there must have been  and  Anaxandrides his  own  sister's daughter.
scenes in real life to which they in some measure  Moreover, if a father had'not determined himself
correspond.  Nor was the consent of a female to a  concerning his daughter, it was decided by the
match proposed for her generally thought neces-  kins courted 
sary: she was obliged to submit to the wishes of members of the sme flong theould marry the heiress.
members of the same family should marry the heiress.
her parents, and receive from them, it might be a    erod. vi..)  A st ng  resem(.Ierod. vi. 57; Mliller,  c.)  A striking reseiastranger for her husband and lord.  Sophocles  blauce to the Athenian  law  respecting heiresses
thus describes the lot of women in this respect: -ewish code, as detiled i
sstsx.    1is also found in the Jewish code, as detailed in
" When we are grown up (he makes a female say)  Nmbers (c. xxvii. 1-11), and exemplified  in
we are driven away from our parents and paternal RZutlb (C. iv.).
But match-making among the ancients was not,
ical Toaur', 7rEa'rS,  E'ppOV, CES6p kda,       in default of any legal regulations, entirely left to
Xpeb&  reraltsvc,  al aotcelsv rcaAcr TXe rv.   the care and forethought of parents, for we read of
Frogqt. Teseus.    women who made a profession of it, and who were
So also in Euripides (Andlron. 951) Hermicne de-  therefore called 7rpotYv7'OTPLat or 7rpoyfuVr7'1phCes.
cldares that it is her father's business to provide a  (Pollux, iii. 31.)  The profession, however, does
husband for her.  The result of marriages con-  not seem  to have been thought very honourable
tracted in this manner would naturally be a want nor to have been held  in repute, as being too
of confidence and mutual understanding between  nearly connected with, or likely to be prostituted
husbanld and wife, until they became better ac- to, 7rpoaywEifa. (Plato, Ttleaet. 2. p. 150.)
quainted with, and accustomed to, each other.    Particular days and seasons of the year were
Xenophon (Occon.7. ~ 10.) illustrates this with much  thought auspicious and favourable for marriage
zaei'ete in the person of Ischomachus, who says of amongst the  Greeks.  Aristotle (Polil.'vii. 15)
his newly married wife: -  "  Vhen at last she was  speaks of the winter generally as being so consimanageable (XelposOW7s), and getting tame so that  dered, and at Athens the month'ra/ui,/Mdc, partly
I could talk with her, I asked her," &c., &c.  By  corresponding to our January, received its lame
the Athenian laws a citizen was not allowed to  from marriages being frequently celebrated in it.
marry with a foreignI woman, nor conversely, under  Hesiod (Oper. 800) recommends marrying on the
very severe penalties (Denlosth. c. ANreae. p. 1350); fourth day of the month,
but promixity by blood (a&Xtror'eta), or consanguinity (cruTyy'veta), was not, -with some few ex-  iE  R -EI-prn suVeS  &yEcoe  /s o lcoo tsOs'ru'
ceptions, a bar to marriage in any part of Greece; but whether he means the fourth from  the begindirect lineal descent was.  (Isaeus, cle Ciron. Aeer. ning or end of the month is doubtful.  Euripides
p. 72.)  Thus brothers were permitted to marry  (Iphig. in Aul. 707) speaks as if the time of the
with sisters even, if not 4cosuO.rptLOs, or born from  full moon were thought favourable,
the  same mother, as Cimon did with Elpinice,'
though a connection of this sort appears to have          oTav  EXT1VS eVTrXI             K  AOS,
been looked on with abhorrence.  (Becker, Clhari-  in which he is confirmed by the expression 8iXoIcles, vol. ii. p. 448.)  In the earlier periods of aqvsFdes firsrepca  or the full-moon nights in Pillsociety, indeed, we can easily conceive that a spirit dar. (sth,. vii. 45.)  That this prepossession, howof caste or family pride, and other causes such as  ever, was not general and permanent appears from
the difficulties in the way of social intercourse would  Proclus (ad Hesiod. Oper. 782), who informs ns
tend to make m-arriages frequent amongst near  that the Athenians selected for marriages the times
relations and connections.  (Compare N)~5smbers,  of new  moon (rsas wrpos or'vosov  ilJE/pas), i. e.
c. xxxvi.)   At Athens, however, in the case of a  when the sun and moon were in conjunction.
father  dying  intestate, and without male children,    There was also some difference of opinion, on
his heiress hacld no choice in;larriage; she was  which it is not worth while to dilate, about the
compelled by lawv to marry her nearest kinsmani  proper age for marrying; but generally speaking
not in the ascending  line; and if the heiress were  men were expected to marry betwveen 30) adl 35,
poor (f-Mrro-a)  the nearest unmarried kinsman  and women about 20 or rather before. (Plato, Leg.
either lmarried her or portioned her suitably to her  vi. p. 785.)
rank.  W'Yhen there were several coheiresses, they    We proceed now to explain the usual prelimiwere respectivcly married to their kinsmen, the  naries and accompaniments of marriage in variolis
nearest hbavin, the first choice. [EPICLERUS.] The  parts of Greece.  The most important prelimisnary




I.\ATR.IMION TUSI.                                 MIATRIM\TONIUM.              737
at. Athens was the Esztgesis (i'yyi0r/s) or betro-  panied, according to circumstances, by a numrlber of
thll, which was in fact indispensable to the cor- persons, some of whom carried the nuptial torches
plete validity of a marriage contract.  It was made  (85,es rVqvLucai, Aristoph. Pax, 1318); and in
by the natural or legal guardian (6 tc'pLos) of the  some places, as in Boeotia, it was customary to
bride elect, and attended by the relatives of both  burn the axle of the carriage on its arrival at the
parties as witnesses. The law of Athens ordained,  bridegroom's house, as a symbol that the bride was
that all children born from a marriage legally con-  to remain at home and not go abroad.  (Plut.
tracted in this respect should be yq'ilteoe  (Demosth.  Quaest. Rosm. p. 1  1l.)  If the bridegroom had been
c. Steph. p. 1134), and consequently, if sons, married before, the bride was not conducted to
Ord,uotpol, or intitled to inherit equally or in gavel-  his house by himself, but by one of his friends,
kind.  It would seem, therefore, that the issue of who was therefore called,v'taYcpW yo6s.  (Hesych.
a marriage without espousals would lose their s. v.; Pollux, iii. 40.)
heritable rights, which depended on their being    Both bride and bridegroom (the former veiled)
born et &aorTs Keal iyyusrrls ymlae1Cos: i. e. from a  were of course decked out in their best attire, with
citizen and a legally betrothed wife.  The wife's  chaplets on their heads (Becker, Cla.rilcles, vol. ii.
dowry was also settled at the espousals.  (Meier p. 467), and the doors of their houses were hung
and Schlsman, p. 415.)                             with festoons of ivy and bay.  (Plut. AnAat. 10.
But there were also several ceremonies observed  p. 27.)  As the bridal procession moved along, the
either on or immediately before the day of mar- HIymenacan song was sung to the accompaniment
ringe.  The first of these were the mrpove'Aela yd-  of Lydian flutes, even in olden times, as beautifully;tit,  or 7rpoeyaydem  (Pollux, iii. 38), and consisted  described by Homer (I1. xviii. 490;  Hes. Sct.
of sacrifices or offerings made to the Oes?yanu AloI lere. 273), and the married pair received the
or divinities who presided over marriage.  They  greetings and congratulations of those who met
are genlerally supposed to have been made-on the  them.  (Aristoplh. Paos, 1316.)  After entering
day before the yduos or marriage; but there is a  the bridegroom's house, into which the bride was
passage in Euripides (1p1hig. in Aul. 642) -which  probably conducted by his mother bearing a lighted
nlfakes it probable that this was not always the  torch (Eurip. Phoe1n. v. 311), it was customary to
case.  The sacrificer was the father of the bride  shower sweetmeats upon thems (scaraXtv'-maza) as
elect; the divinities to whom the offering was made  embiems of plenty and prosperity.  (Schol. adr
were, according to Pollux (iii. 381), Hera and  AristoiA. Plut. 768.)
Artemis, and the Fates, to whom the brides elect    After this came the?yd/os or nuptial feast, thlm
then dedicated the a7rapXar of their hair. Accord-   otolv7a tyaLutc, which was generally (Becker, Clnri —
illg to Diodorus Siculus (v. 73) they were Zeus  iles, vol. ii. p. 469) given in the house of the brideand Hera TreAheLs (Juno pronuba); but they pro-  groom or his parents; and besides being a festive
bably varied in different countries, and were somee-  mecting, served other and more important purposes.
times the Oeol iYX;cPLOL or local deities.  The  There was no public right whether civil or religious
offerings to Artemis were probably made with a  connected with the celebration of marriage anmongst
view of propitiating her, -as she was supposed to  the ancient Giecks, and therefore no public record
be averse to marriage.   [BRAUvRONIA.]    Ve  of its solemniiisation.  This deficiency then was supmay also observe that Pollux uses srpo-yd meta as  plied by the marriage feast, for the guests were of
synonymous with 7rpoTerEta, making yaue.os iden-  course competent to prove the fact of a marriage
tical with TeXos, as if marriage were the rAeos or  having taken place; and  Demosthenes (c. Owset.
perfection of man's being: whence  E'AeEOS   con- p. 869) says they were invited partly with such
nected with or presiding over marriage or a mar-  views.  To this feast, contrary to the usual pracricd person, and  daos En7et:'rAjys a house without tice anlongst the Greeks, women were invited as
a husband or incomplete.  (Hom. It. ii. 701.)  well as men; but they seem to have sat at a separate
A\nother ceremony of almost general observance on  table, with the bride still veiled amongst thenm.
the wedding day, was the bathilng of both the  (Lucian, Cbosai. 8; Athen. xiv. p. 644.)  At the
bride and bridegroom  in water fetched from  some  conclusion of this feast she was conducted by
particular fountain, whence, as some think, the  her husband into the bridal chanlber; and a law
custom  of placing the figure of a AovTpoo'ppos or of Solon (Plut. Solon, c. 20) required that on en6" water-carrier " over the tombs of those who died  tering it they should eat a quince together, as if to
numarried.  [BALNEAE, p. 185, b.]j  At Athens  indicate that their conversation ought to be sweet
the water was fetched from the fountain CallirrhoU, and agreeable.  The song called the Epithalamiunn
at the foot of the Acropolis (Thuc. ii. 15.). After  (E'7rLOeaAdtov, sc. teAos) was then sung before the
these preliminaries the bride was generally con-  doors of the bridal chamber, as represented by
ducted from her father's to the house of the bride-  Theocritus in his 18th Idyl, where, speaking of
groom at nightfall; in a chariot (Ep' &tbudUr s) drawn  the marriage of Heleln, he saysby a pair of mules or oxen, and' funrished with a
cXvi's or kind of a couch as a seat. On either side    Twelve Spartans virgins, the Laconian bloom,
of her sat the bridegroom, and one of his most in-    Cloih'd before fair Helen's bridal roomtimate friends or relations, who from his office was    To the sale time with cadence true they beat
called srapdmsujoes or Yvu/L.uPeur7s: liut as he rode    The rapid round of many twinkling feet,
in the carriage (Xu7usa) withr the bride asd beride-    One measure tript, one song together sung,
groom, he was sometimes called the Srdpoxos    Their bymelean al the palce rung
(6 E'c  rpfvou  6 7rapoXoiemvos   zrcipoxos &ix'1eAB,                                  CAPMAN.
lIarpocr. s. v.). Hence Aristophanes (Aves, 1735)  On which passage the Scholiast remarks that EpiEpeaks of the " blooming Love guiding the supple  thalamnia are of two kinds; some sung in the evenreins," when Zeus was wedded to Hera, as the  ing, and called tcaa'rGcojoLUjTFC'd, and others in the
Zs/bs 7rapoxos  7dya,uov're rE' eisaateovoor "Hpas.  morning (i6pOpla), and called IesyeprmTcad.
The nuptial procession was probably accome-    The day after the marriage, the first of the
3B.




738           MATRIMONIUM.                                         MATRIMONIUM.
bride's residence in her new abode, was called the  his guests when he had company.  (Isaeus, do
sravLa: on which their friends sent the customary  Pyrr. her. p. 139; Demosth. c. Neater. p. 1352.)
Iresents to the newly married couple.  On another    The duties of a good housewife are summed up
day, the &aravma, perhaps the second after mar-  by Plato (Leg. vii. p. 805) under the heads of
riage, the bridegroom left his house to lodge apart TaYeLisa, aepamretfa, and iraeioTpoeia.  The first of
from his wife at his father's-in-law, and the bride  these included the domestic arrangements of the
presented him with a garment called areavXiLr-Tpla,  house and superintendence of the furniture, proviin connection with which, Pollux (iii. 39) observes,  sions, cookery, and servants; in fact every thing
that the gifts made to the bride after the marriage  that came under the name of housekeeping. (Becker,
were called'7ravAia.  Some of the presents made  C/arikles, vol. ii. p. 476.)  But a trust of this kind
to the bride by her husband and friends were  was not reposed in a young wife till she had gained
called &varaXvwrXrTpia, as being given on the occa-  some experience; for what, says Xenophon (Oecon.
sion of the bride first appearing unveiled (Harpocr.  7. ~ 4), could a wife, married at fifteen, be likely
s. v.); they were probably given on the E'ral'Aa, or  to know, who had lived in complete seclusion, and
day after the marriage.                             had only been taught by her mother to conduct
Another ceremony observed after marriage was  herself virtuously (0axpoeVY7v)? The repaerEna inthe sacrifice which the husband offered up on the  eluded the attendance upon the sick inmates of the
occasion of his bride being registered amongst his  house, whether free or slaves. (Xen. Oecon. 7. ~ 37.)
own phratores (?yaXyfla'av, scil. vaav ro 7s (PCiarop-  The 7rao8Trpopia was the physical education of the
Lev oCffiesyYIces, Demosth. c. Eubel. pp. 1312, 1320; children, on which Plutarch (de Educat. Pitter. 5.
Isaeus, de Pgyrr. her. p. 45).                      p. 9) observes that mothers ought themselves to
The statement above made of the solemnities  nurture and suckle their children, though frequently
connected with marriage cannot of conrse be con- female citizens were hired as wet-nurses. (Demosth.
sidered as applicable to all ages and circumstances,  c. Eubul. p. 1309.)  The Spartan nurses were so
but rather as a representation of the customs gene-  famous, that they were engaged even in foreign
rally observed at Athens in later times.            states; thus Alcibiades we are told was suckled by
At Sparta the betrothal of the bride by her  a Laconiai nurse. (Plut. Lycurg. 16.) It is scarcely
faither or guardian (Kcprlos) was requisite as a pre-  necessary to remark that we have been speaking of
liminary of marriage, as well as at Athenis. (Miil-  the house'hold of a citizen in good circumstances,
ler, Dorians, ii. 4. ~ 2.)  Another customl  pecu-  to which only our observations can apply.
liar to the Spartans, and a relic of ancient times,    The consideration in which women were held by
-was the seizure  of the bride by her intended  their husbands, and the respect paid to them in anhusband (see IHerod. vi. 65), but of course with  cient:Greece, would naturally depend, in some dethe sanction of her parents or guardians.  (Pltt. gree, on their iIltellectiual and moral character; but.LTyc'r. 15; Xen. doe Re)p. Lac. i. 5.)  She was  generally speaking the GCreeks entertained comparalnot, however, immediately domiciled in her hus-  tively little regard for the female character.  They
blnld's house, but cohabited with  himn for solme  considered women, in fact, as decidedly inferior to
time clandestinely, till he brought her, and fre-  men, quali'fied to discharge only the subordinate
quently her mother also, to his home.  (Miller,  fuinctions ill life, and rather necessary as helpDoristns,. c.)  A  simlilar custom appears to have  iiiates, than agreeable as companions.  To these
prevailed in Crete, where, as we are told (Strabo, notions female education for the most part cor'ex. p. 482), the young men when dismissed finom   sponded, and in fact confirmed them;  it did not
the a&yEA/   of their fellows, were immediately mar-  supply the elegant accomplishments and refinement
tied, but did not take their wives home till some  of manners which permanently engage the affectime afterwards.  Miiller suggests tihat the chil-  tions, wlhen other attractions have passed away.
dren of this furtive kind of intercourse were called  Aristotle (de Rep. i. 2) states, that the relation of
wap~Oorm0.                                         man to woman is that of the governor to the sub-'We subjoin some particulars concerning the re- ject; and Plato (Aleno, p. 71), that a woman's
lation between man and wife amongst the ancient virtue may be sumlmed up in a few words, for she
Greeks, prefaicing them with a descriptioniof do-  has only to manage the house well, keeping what
inestic married life, from Lysias (de Caoede Eratos.  there is in it, anld obeying her husband.  Nor is it
p. 92).  The speaker there says, " I have a small  uimportant to renlark, that Athenians, in speaking
two-story house, of equal dimensions onl the base-  of their wives and children, generally said -rfECa
ment and first floor, both in the male and female  eal yvva7icas, putting their wives last: a phrase.apartments (rcaT'&'r 7TiV yalKvcjtlL K. T. A.). Now   which indicates very clearly what was the tone of
m;fter our little boy was born, his mother used to  feeling on this subject.  Moreover, before marriage
suckle it, and that she might not meet with any  Grecian women were kept in a state of confinemelt,
accident in going down the ladder (X7 Ktcfsae),  which amounted to little short of a deprivation of
whenever she Wanted to wash, I lived up stairs,  liberty, so that they are even said to have been
and the women below.  And it was usual for my  watched and guarded in strong apartments,
wife to leave mle very frequently and sleep down                 ra                      
stairs with the child, to give it the breast and keep
it from  crying.  And one day after dinner the  (Eurip. Iphig. inz Aulid.), nor was it thought belittle fellow cried ald fretted, and T told my wife  coling in them to be seen in public (Eurip. Orest.
to go and suckle it; now at first she would  not,  108), except oil sonime  particular occasions, wrhen
but at last I got angry with her, and ordered her  they appeared as spectators of, or participators in
to go:' yes,' said she,' that you may play with  religious processions; of which, young men dethe servant maid,'" &c.                            sirous of being married would naturally avail thesmNow, though the wife, as appears by this tale,  selves to determine the object of their choice.
usually took her meals with her husband, she did  Even after marriage the restrictions imposed upon
not go out with him to dinner, nor sit at table with  young women of the middle and higher classes




MATRIMONIUM.                                       M IATRIMONIUM.                  739
were of a very jealous and almost Oriental charac-  yoke of their wives; and even Aristotle (Pot.
ter.  They occupied, as is well known, a separate  ii. 6) thought it necessary to account for the cirpart of the house, and in the absence of their hus-  curustance, by the supposition that Lycurgus had
band it was thought highly improper for a man  failed in his attempt to regulate the life and coneven to enter where they were. (Demosth. c. Euerg.  duct of the Spartan women as he had wished.  In
pp. 1157, 1150.)  From  various passages of the  short there was a great contrast and difference
Attic comedians it would also seem that married  between the treatment of women in the Dorian
women were required to keep at home (oiKospseY),  and Ionian states of Greece, which is well deand not allowed to go out of doors without the  scribed by MiUller (I. c.) in the following words: -
permission of their husbands.  Thus, in a fragment  "Amongst the Ionians women were merely conof AMenander (Meineke, p. 87), we are told that  sidered in an inferior and sensual light, and though
married women are not allowed to pass the gate of the Aeolians allowed their feelings a more exalted
the court-yard of the house,                       tone, as is proved by the amatory poetesses of
1 —-— re'pas Pyep a6Xies 3iipa       Lesbos, the Dorians, as well at Sparta as isn the
-'EAeuOe'pas yocmi'Eai/ouer' tscles:      south of Italy, were almost the only nation who'EAeVpO?vv Vacl l/EdtVzLo~-' ot1iCas:
considered the higher attributes of the female mind
and Aristophanes (Tltesm. p. 790) speaks of their  as capable of cultivation."  In Sparta, too, the unlhusbands forbidding them  to go out.  Again, on  married women lived more in public than tle mnaroccasions of great public alarm  (e.g., when the  ried.  The former appeared with their fiaces unnews of the defeat at Chaeroneia reached Athens),  covered, the latter veiled; and at Sparta, in Crete,
the women are spoken of, not as leaving their  and at Olympia, virgins were permitted to be spe(houses, but staading  at their doors and inquiring  tators of the  gymnastic contests, and  married
after the fitte of their husbands, a circumstance  women. only were excluded.  The reverse of tisi3
which is described as being discreditable to them-  was the case in Ionia. (Miiller, ii. 2. ~ 2.)
selves and the city (&,vaoiwv a'vcv Kai r7lS 7roXecWS,    The preceding investigation will have prepared
Lycurg. c. Leocr. p. 53, Bek.). From a passage in  the reader for the fact, that the strictest coljuLgal
Pllstarch (do Gec. Socer. 33) it appears that on this  fidelity was required under very severe penalties
subject there was the same feeling at Thebes as  fiom the wife [ADUvTEruAIum], while great laxity
iwell as at Athes;; and the same writer (Solon, 21)  was allowed to the husband. The general practice
informs us that one of Solon's laws specified the  is thus illustrated by Plautus (llCreat. iv. 6. 2):
conditions and occasions upon which women were        Nam Si vi scortum duxit cam uxoem suas,
to be allowed to leave their houses.  In later times
Id si rescivit uxor, impuri est viro.
there wore nagistrates at Athens (the yuvaiuroUd-    Lxor viro si clam domeo egressa est foras,
go0), charged, as their name denotes, with the    Viro fit causa, exigitsr natrimonio."
superintendence of the behaviour of women. [GY..
NAECONOMII.]                                          In cases of adultery by the wife, the Athenian
But we must observe that the description given  law subjected tle husband to &vrlza, if he conabove of the social condition anld estimation of tinued to cohabit with her; so that she was ipso
women in Greece, does not apply to the Heroic fiScto divorced. (Demosth. c. Neaer. p. 1374.) But
times as described by Homer, nor to the Dorian  a separation might be effected in two different
state of Sparta.  With respect to the former, we  ways: by the, wife leaving the husband, or the:have only space to remark, that the women of the  husband dismissing the wife.  If the latter sup
Homeric times enjoyed much more freedom  and  posed her husband to have acted without sufficient
consideration than those of later ages, and that the  justification in such a course  it was competent for
connection between the sexes was then of a more  her after dismissal, or rathler for her guardians,
generous  and afiectionate character than after-  to bring an actionl for dismissal (lroll &7roerfeurpccs
wards.  For another important distinction see Dos  or &areSroeuri}s): the corresponding action, if brought
(GlrEr).  (Becker, Carciklless, vol. ii. p. 415.)    by the husband, was a  acj1  a7roXteeiEws.   If,
Among the Dorians generally, and in Sparta  however, a wife were ill-used in any way by her
especially, the relation of the wife to the husband,  husband, he was liable to an: action called a &tK~
and the regard paid to women, was for the most icaicWroreos,   so that the wife was not entirely unpart the same as that represented by RHomer to  protected by the laws: a conclusion justified by a
have prevailed universally amongst the ancient  tfragment in Athenaeus (xiii. p. 559) in which
Greeks; and as such, presented a strong contrast  married women are spoken of as  relying oii its.
to the habits and principles of the Ionic Athenians, protection.   But a separation, whether it origiwvith whom the ancient custom of Greece, in this  nated from the husband or wife,  was considereel to
respect, was in a great measure supplanted by that. reflect discredit on the latter (5o yap biavAds ErqTnl
of the East.  At Sparta, for instanlce, the wife was  a1er-X, nv EXcvy, Fct;q. eccadt Slob. p. 67, Gaisford)
honoureed with the title of oer.orvea or "miistress,"  independent of the difficulties and inconveniences
an appellationl not used unmeaningly or ironically,  to which she was subjected by it.  At Sparta
and which was common amongst the Thessalians  barrenness on the part of a wife seems to have
and other nations of northern Greece. (Miuriller, ii.  been a ground for dismissal by the  hustand
4. ~ 4.)  MSoreover, the public intercourse per-  (Herod. vi. 61); and firom a passage in Diol Chjvrmitted  by the Dorians between  the sexes was  sostom (Oralt. xv. p. 447) it has been inferred that
(comparatively at least) of so free  and unre-  women were ill the habit of imposing supposititious
stricted a character, as to have given occasion  children with a -view  of keeping (icavraoxcZs')
for the wiell known  charges of licentiousness  their husbands: not but that the lword admits of,
(aeinis)  against the  Spartan women.  (Eurip. if indeed it does not (from  the telise) require, a
Andsrom. 586.)   The influence, too, which the  different inlterpretation.
Lacedaemonian women enjoyed was so great that    This article hlas been maitlly composed from
the Spartans were blamed for submitting to the  Becker's Charik.cs (vol. ii. p. 41 5).  The duties of
3 B2




740           MATRIMONIUIM.                                    MATRIMONIUMI.
an Athenian wife are stated somewhat in detail by    There was no connubium also between persons
Xenophon (Oeconown. ad izit.).      [R. W.]    within certain relations of afflinity, as between a
2. ROIMAN.  A  Roman marriage was  called man and his socrus, nurus, privigna, and noverca.
Justae Nuptiae, Justum Matrimonium, Legitimumn    Any illegal union of a male and female, though
Matrimonium, as being conformable to Jus Civile affecting to be, was not a marriage: the man had
or to Roman Law.  A marriage was either Cum  no legal wife, and the children had no legal father;
conventione uxoris in manaum  viri, or it was with- consequently they were not in the power of their
out this conventio.  In both cases there must be reputed father.  These restrictions as to marriage
connubium between the parties, and consent: the were not founded on any enactments: they were
male must also be pubes, and the woman viri a part of that large mass of Roman law which bepotens.  The legal consequences as to the power longs to Jus Moribus Constitutum.
of the father over his children were the same in    The marriage of Domnitius, afterwards the emboth.  Opposed to the Legitimum  Matrimoniumn  peror Nero, with Octavia the daughter of Claudius,
was the Matrim'niDum Juris Gentiure.             seems at first sight somewhat irregular. Nero was
A Roman marriage may be viewed, First with  adopted by Claudius by a Lex Curiata (Tacit.
reference to the conditions required for a Justumn  Aznn. xii. 26), but he was already his son-in-law;
Miatrimoniusm; Secondly, with reference to the at least the sponsalia are mentioned before the
forms of the marriage; Thirdly, with reference to adoption. (Tacit. Ann. xii. 9.) There seems to be
its legal consequences.                          no rule of law which would prevent a man from
Unless there was connubium there could be no adopting his son-in-law; though if the adoption
Roman marriage.  Connubiusm is defined by U1- took place before the marriage, it would be illegal,
pian (Frotg. v. 3) to be " uxoris jure ducendae as stated by Gaints.
facultas," or the faculty by which a man may make    Persons who had certain bodily imperfections,
a woman his lawful wife.  But in truth this is nlo as euniuchs, and others who from any cause could
definition at all, nor does it give any information. snever attain to puberty, could not contract marConnubium is merely a term which comprehends riage; for though pubertas was in course of time
all the conditions of a legal marriage. Accmrdingly, fixed at a positive agre [IMiPUBES], yet as the
the term  is explained by particular instances: foundation of the notionl of pubertas was physical
"Roman men citizens," sys Ulpian, " have con- capacity for sexual intercourse, there could be no
nubium  with Roman women citizens (Roszsanae pubertas if there was a physical incapacity.
cives); but with Latinae and Peregrisnae only in    The essence of marriage was consent, and the
those cases where it has been permitted.  Withl  consent, says Ulpian, " both of those who -come
slaves there is no connubium."                  together, and of those in whose power they are;"
Sometimes connubium, that is the faculty of and "'marriage is nlot effected by sexual union, but
contracting a Roman marriage, is viewed with re- by consent."  Those then who were not sui juris,
ference to one of its most important consequences, had not, strictly speaking, colnmubium, or the
manlely, the Patria Potestas: "for," says Gaius, " uxoris jure ducendae facultas;" though in an" since it is the effect of Connubiune that the other sense, they had connubium  by virtue of the;children follow the condition of their father, it consent of those in whose power they were, if
results that when Connubium exists, the children  there was no other impediment. (Dig. 23. tit. 1.:are not only Roman citizens, but are also in the s. 11-13.),power of their father."  Generally, it may be    The Lex Julia et Papia Poppaea placed certain
etated that there was only connubium  between  restrictions on marriage as to the parties between
Roman citizens: the cases in which it at any time  whom  it could take place.  [JULIA:T PAPIA
existed between parties, not both Romanl citizens, POPPAEA; INFAMIA.]
awere exceptions to the general rule.  Originally,   A  man could only have one lawful wife at a
or at least at one period of the Republic, there  time; and consequently if he were married, and
was no Connubium between the Patricians and divorced his wife, a second marriage would be no
the Plebeians; but this was altered by the Lex  marriage, unless the divorce were effectual.
Canuleia which allowed Colmnubium  between per-    The marriage Cum conventione in manum difsons of those two classes.                       fered from that Sine conventione, in the relation.
There was no conlnubium between many persons ship which it effected between the husband and
with respect to one ianother, who had severally  the wife; the marriage Cum  conventione was a
connubium with respect to other persons.  Thus necessary condition to mnake a woman a materthere were various degrees of consanguinity within  familias.  By the marriage Cum conventione, the
ivhich there was no connubium.  There was no wife passed into the fanrilia of her husband, and
connubium between parent and child, whether the was to him in the relation of a daughter, or as it
relation was natural or by adoption; and a man  was expressed, "C in manum convenit." (Cic. Top.
could not marry an adopted daughter or grand- 3; filiae loco est, Gaius, ii. 159.) In the marriage
daughter, even after lie had emancipated her. Sine conventione, the wife's relation to her ownl
There was no connubimin between brothers and  familia remained as before1 and she was merely
sisters, whether of the whole or of the half blood: Uxor. " Uxor," says Cicero (Top. 3), " is a genus
hut a man might marry a sister by adoption after of which there are two species; one is nmaterher emancipation, or after his own emancipation. fiamilias,' quae in imanum   convenit;' the other is
It became legal to marry a brother's daughter uxor only." Accordingly a materfamilias is a wife
after Claudius had set the example by marrying  who is in manu, and in the familia of her husAgrippina; but the rule was not carried further band, and consequently one of his sui heredes; or
than the example, and in the time of Gaius it re- in the manus of him in whose power her husband
mnained unlawful for a man to marry his sister's is. A wife not in manu was not a member of her
daughter.  (Gaius, i. 62; Tacit. Ann. xii. 5; husband's familia, and therefore the term could not
Sueton. Claued. 26.)                             apply to her. Gellius (xviii, 6) also states that this




MATRIMONIUAT.                                      MATRI MONIUM.                  741
was the old meaning of materfainilias.  Matrona  woman and a man  not her husband, is considered
was properly a wife not in manu, and equivalent under TFSTARMNTmUMi  and TUTELA.  If, howto Cicero's " tantummodo uxor;" and she was ever, an uxor made a coemptio with her husband,
called matrona before she had any children.  But not matrimonii CaUSa, but fiduciae causa, the con.
these words are not always used in these their sequence was that she was in manse, and thereby
original and proper meanings. (See Ulp. Fro;g. iv.)  acquired the rights of a daughter.  It is stated by
No forms were requisite in marriage; the best a modern writer, that the reason why a woman
evidence of marriage was cohabitation matrimonii did not come in manicipium  by the coemptio, but
causa.  The matrimonii causa might be proved  only in manum, is this, that she was not mancipated,
by various kinds of evidence.  A  marriage Cum  but mancipated herself, under the authority of lier
conventione might be effected by Usus, Farreum, father if she was in his power, and that of her
and Coemptio.                                     tutors, if she was not in the power of her father 
If a wonlan lived with a man for a whole year the absurdity of which is obvious, if we have regard
as his wife, she becamne in mans viri by virtue of to the tbrm of mancipatio as described by Gains (i.
this matrimonial cohabitation. The consent to live  119), who also speaks (i. 11 8, a) of mancipatio as
together as man and wife was the marriage:  the being the form  by which a parent released his
usus for a year had the manuis as its result; and  daughter from  the patria potestas (e suO juoe),
this was by analogy to Usucapion of movables  which he did when he giave his daughter in manum
generally, in which uisus for one year gave owner. viri.  The mancipatio must in all cases have been
ship.  The Law of the Twelve  Tables provided  considered as legally effected by the father or the
that if a woman did not wish to come into the  tutors.
malnus of her husband in this manner, she should    In the course of time, marriasge. without the
absent herself from him annually for three nights manuis became the usual mllarriage.  The manus
(trinoctiumz) and so break the tsus of the year. by usus fell into clesuetude. (Gaiuts, i. l ll.)
(Gell. iii. iii. 2; Gais, i. 111.)  The Twelve Tables    Sponsalia were not an unusual preliminary of
probably did not introduce the usus in the case of marriage, but they were not necessary.  " Spona. woman cohabiting with a man matrimonii canlsa, satia," according  to Florentinus (Dig. 23. tit. 1.
any more than they probably did in the case of s. 1) " stint mentio et repromissio nuptiartm  fultuother things;  but as in the case of other things rarum."  Gellius has preserved (iv. 4) an extract
they fixed the time within which the isus  should  from  the work  of Services Su1lpicius Rufus De
have its full effect, so they established a positive  Dotibus, which, from the authority of that areat
rule as to what time should be a sufficient inter- jurist,  may be considered as  unexceptionable.
ruption of usns in the case of matrimonial cohabit-  (Compare Varro, (de Lisg. Lat. vi. 70.)  Sponsalia,
ation,  and such a positive rule was obviously  according to Servits, was a contract by stipulanecessary in order to determine what should be a  tiones and sponsiones, the former on the part of the
sufficient legal interruption of usus.             future husband, the latter on the part of him who
Farreum was a form of marriage, in which cer- gave the woman in marriage.  The womaen wIho
tain words were used in the presence of ten wit-  was promised in marriage was accordingly called
nesses, and were accompanied by a certain religious  Sponsa, which is equivalent to Promissa  the man
ceremony in which panis farreus was employed; who engaged to marry was called Sponsus.  Thee
antl hence this form of marriage was also called  Sponsalia then were an agreemlent to marry, made
Confarrcatio.  This form  of marriage must have  in such form as to give each party a right of action
fallen generally into disuse in the time of Gaius, in case of non-performance, and the offenlding party
wvho remarks (i. 112) that this legal form of mar- was condemned in such damages as to the Judex
riage (Iho jZcs) was in use even in his time for the seemed just.  This was the law (jrts) of Sponsalia,
marriages of the Flamnines Majores and some others. adds Servits, to the time when the Lex Julia
This passage of Gaius is defective in the MS., but gave the Civitas to all Latiurm; vwhence we may
its general sense may be collected from comparing  conclude that alterations were afterwards made
it with Tacitus. (Ann. iv. 16) land Servius (ad  in it.
Aeeneid. iv. 104, 374).  It appears that certain    The Sponsalia were of course not binding, if
priestly offices, such as that of Flamen Dialis, could  the  parties  consented  to waive the contract;
only be held by those who were born of parents and either party could dissolve the contract as
who had been married by this ceremony (confar- either could dissolve a  namrriage.  If a person
reati parentes).  Even in the time of Tiberins, the  was in the relation of double sponsalia at thle
ceremony of confarreatio was only observed by a same time, he was liable to Infamia.  [INFAfew.  As to divorce between persons married by  MIA.]  Sometimes a present was made by the
confatrreatio, see DIvoRTIUM.r                    future husband to the future wife by way of earnThe confarreatio is supposed to have been thle est (arrsha, caCurha sponsasliti), or as it was called
mode of contracting marriage among the patricians, propter nuptias dontieo. (Cod. 5. tit. 3.) Sponsalia
and it was a religious ceremony which put the might be contracted by those who were not under
wife in manu viri.                                seven years of age.  The regulation of Augustus,
Coemptio was effected by Mancipatio, and con- which was apparently comprised in the Lex Julia
sequently the wife was in mancipio. (Gaius, i. 118.) et Papia, which declared that no sponsalia shoul(
A woman who was cohlabiting with a man as uxor, be valid if the marriage did not follow  within
might come into his mants by this ceremony, in  two years, was not always observed.  (Sueton.
which case the coemrnptio was said to be matrimonii Aug. c. 34; Dion Cass. liv. 16, and the note of
causae, and she who was formerly uxor became  Reimarus.)  [INFANS; IMPUBES.]
asptd marittum filiae loco.  If the coemptio was ef-    The consequences of marriage werefected at the time of the marriage, it was still a    1. The power of the father over the children of
separate act.   The other coemptio which was the marriage, which was a completely new relation,
called fiduciace causa and which was between a  an effect indeed of marriage, but one which had no
31 3.




-742'MATRIMONIUMr.                                       MATRIMONIUM.
influence over the relation of the husband-and wife. mann could be released from the meanus;  for the
[PATRIA POTESTAS.]                                  will alone would be sufficient to release her from
2. The liabilities of either of the parties to the  the marriage.  In the time of Gains (i. 137), a
punishments affixed to the violation of the mar-  woman, after the repuditmr  was sent, could dzriage union.  [ADULTERIUM; DIVORTsIUA.]           mand a remancipatio.
3. The relation of husband and wife with respect    When there was no conventio, the womaln rlto property, to which head belong the matters of mained a member of her own familia: she was to
Dos, Donatio intervirum etuxorem, Donatio propter her husband in the same relation as any other
nuptias, &c. Many of these matters, however, are  Roman citizen, differing only in this that her sex
not necessary consequences of marriage, but the  enabled her to become the mother of children who
consequence of certain acts which are rendered pos- were the husband's children and citizens of the
sible by marriage.                                  state, anld that she owed fidelity to him so long as
In  the later Roman history we often read of the matrimonial cohabitation continued by mutual
marriage contracts which have reference to Dos, consent.  But her legal status continued as it wan.
and generally to the relation of husband and wife  before: if she was not in the power of her father,
viewed with reference to property.  A title of the  she had for all purposes a legal personal existence
Digest (23. tit. 4) treats De Pactis Dotalibus, independently of her husband, and consequently
which might be made either before or after mar- hler property was distinct from his.  It nmust have
ridage.                                             been with respect to suhell marriages as these, that
The Roman notion of marriage was this: -it is a great part at least of the rules of law relating to
the union of male and female, a consortship for the  Dos were established; and to such marriages all
whole of life, the inseparable consuetude of life, the rules of law relating to marriage contracts munst
an intercommunion of law, sacred and not sacred. hlave referred, at least so long as thle marriage cu7e
(Dig. 23. tit. 2. s. 1.)  But it is not meant that conventione existed and retained its strict character.
marriage was to this extent regulated by law, for   W'lhen marriage was dissolved, the parties to it
marriage is a thinlg whicll is, to a great extent, might marry again; but opinlion considered it more
beyond the domain of law.  The definition or de- decenlt for a woman not to marry again. A woman
scription means that there is no legal separation of xwas required by usage (ceos) to wait a year before
the interests of husband acld wife in such matters she contracted a second mnarriage, onl the pain of
in which the separation would be opposed to the  Infanlia.
notion of marriage.  Thus the wife had the sacra,    At Rome, the matrilmonium  juris civilis awas
the domicile,and the rank of the husband. Marriage  originlally tile only marriage.  But iunder the i-.
was established by consent, and continued by dis- fluence of the Jus Gentiulm, a collabitatios besent; for the dissent of either party, when formally  twveen Peregriei, or beteen Lttili,   between
expressed, could dissolve the relation.  [Dlavro-   Peregrini and Latini and Rl.olnani, whici, inl its
TIUM.]                                             essentills, was a milarriage, a consortiumc   omnis
Neither in the old Roman law nor in its later vitae withl the affectio nmaritalis, was recognlised as
modifications, was a community of property an  such; and though such mnarriage could not shave
essential part of the notion of marriage; unlless we  all the effect of a Roman marriage, it had its
assume that originally all marriages were accomn- genelral effect in this, that the children of such
panied with the conventio in manunr, for in that marriage had a father.  Thus was established thle
case, as already observed, the wife became filiac- notion of a valid marriage generally, wvichl marfamilias loco, and passed into the familia of her riagem igllt be ceitler Juris  Civilis or Juris GCentilu.
husband; or if her husband was in the poewer of Certain conditions were requisite for a valid nlarhis father, she became to her husband's father in  ringe generally, and particullar conditions were netlle relation of a granddaughter. All her property  cessary for a Ronman marriage.  In the system of
passed to her husband by a universal successionc  Justinian, the distinction ceased, and there re(Gaius, ii. 96, 98), and she could not thenceforward  mained only the notion of a valid marriage geneacquire property for herself.  Thus she was en- rally; which is the sense of Justae nuptiae in the
tirely removed from her former fasmily as to hler Justinian system.  Thllis valid or legal marriage is
legal status and became as the sister to her hus- opposed to all cohabitation which is not marriage 
band's children.  In other words, when a woman  asd the children of such cohabitation have no
came in manum, there was a blending of the mae- father.  (Puchta, 12st. iii. ~ 287.)  [INA.r^IA.]
trimonial and the filial relation.  It was a good    The above is only an outline of the Law of
marriage without the relation expressed by  in  Marriage, but it is sufficient to enable a student to
manu, which was a relation of' parent and child  carry his investigations fiarther.        [G. L.]
superadded to that of husband and wife.  The    It remains to describe tIle customs and rites
manums was terminated by death, loss of Civitas, which were observed by the Romans at marriages
by Diffareatio,and we may assume by Mancipatio. (rities nuptiales or i2zlptiearum  soleinliaCi  juesta, -ri'
It is a  legitimate consequence   that the wife  vo~ltSi/siega -V rcv 7yoi,).  After the parties had
could not divorce her husband, though her hus- agreed to marry and the persons in whose potestas
band might divorce her, and if we assume that the  they were had consented, a meeting of friends was
marriage accompanied by the ccum conventione was sometimes held at the house of the maiden for the
originally the only form  of marriage (of which, purpose of settling the marriage-contract, which
however, we believe, there is no proof) the state-  wreas called sponsalia, and written on tablets (tabztment of Plutarch [DIVORTIUM] that the husband  lae legitiieae), and signed by both parties. (Juven.
alone had originally the power of effecting a di- Sat. ii. 119, &c., vi. 25, 200; Gellius, iv. 4.) The
vorce, will consist with this strict legal deduction. woman after she had promised to become the wife
It is possible, however, that, even if the marriage  of a man was called sponsa, pacta, dicta, or sperata.
cume conventione was once the only marriage, there  (Gell. 1. c.; Plant. Ti-insume. ii. 4. 99; Nonius, iv.
might have been legal means by which a wife in  p. 213.)   From  Juvenal (Sat. vi. 27) it appears




MATRIM ONTIU M.                                   MvATRIMONIU'T. I                743
that, at least during the imperial period, the man  parent violence from  the arms 6f her mother, or
put a ring on the finger of his betrothed, as a  of the person who had to give her away.  On her
pledge of his fidelity. This ring was probably, like  way she was accompanied by three boys dressed inl,
all rings at this time, worn on the left hand, and  the praetexta, and whose fathers and mothers were
on the finger nearest to the smallest. (Macrob. Sat. still alive (pcatrini et snztrim'i).  One of them car.
vii. 13.)  The last point to be fixed was the day  ried before her a torch of white thorn (spinza) or,
on which the marriage was to take place.  To- according to others, of pine wood; the two others
wards the close of the republic it had become cus- walked by her side supporting her by the arm.
tomary to betroth young girls when they were yet (Fest. s. v. Patrimzi et salaltinii; Varro, ap. Clscrichildren; Augustus therefore limited the time  sinme, i. p. 117; Plin. H.  r. xvi. 18.)  The bride
during which a man was allowed to continue be- herself carried a distaff and a spindle with wool.
trothed to a girl (Suet. Aug. 34), and forbade men  (Plin. H.-I N. viii. 48; Plt. Quaest. Ioron. p. 271.)
to be betrothed to girls before the latter had com- A boy called camillus carried in a covered vase
pleted their tenth year, so that the age of pubertas (ceCtera, cunerum, or cnamillum) the so called
being twelve years, a girl might not be compelled  utensils of the bride and playthings for children
to be betrothed longer than two years.  (Dion  (crepundia, Fest. s. v. C'zmerant; Planut. Cistel. iii.
Cass. liv. p. 609, Steph.)                        1. 5).  Besides these persons who officiated on the
The Romans believed that certain days were  occasion, the procession was attended by a numeunlfortunate for the performance of the marriage  rots train of friends both of the bride and the briderites, either on account of the religious character of groom, whose attendance was called officium and
those days themselves, or on account of the days ad officiUa1 ven2ire. (Suet. Caloi. 25, Claud. 26.)
by which they were followed, as the woman had  Plutarch (Quaest. Rom. init.) speaks of five waxto perform certain religious rites on the day after candles which were used at marriages; if these
her wedding, which could not take place on a dies were borne in the procession, it must have been to
ater.  Days not suitable for entering upon matri- light the company which followed the bride; but
mony were the Calends, Nones, and Ides of every  it may also be that they were lighted during the
month, all dies atri, the whole months of May  marriage ceremony in the house of the bride.
(Ovid. Fast. v. 490; Plut. Quaest. Romn. p. 284)    When the procession arrived at the house of the
and February, and a great number of festivals. bridegroom, the door of which was adorned with
(Macrob. Sat. i. 15; Ovid. Fast. ii. 557.)'Widows, garlands and flowers, the bride was carried across
on the other hand, might marry on days which  the threshold by pro2mtbi, i. e. men, who had only
were inauspicious for maidens. (Macrob. Sat. 1. c.; been married to one women, that she might not
Pint. Quacest. Rons. p. 289.)                     knock against it with her foot, which would have
On the wedding-day, which in the early times been an evil omen. (Plut. Quzaest. Romn. p. 271, c;
was never fixed upon without consulting the au-  Plant. Cbs. iv. 4. 1.)  Before she entered the
spices (Cic. de Div. i. 16; Val. Max. ii. 1. ~ 1), house, she wound wool arotnd the door-posts of,
the bride was dressed in a long white robe with a  her new residence, and anointed them  with lard
purple fringe or adorned with ribands.  (Jitv. ii. (ctleps suslls) or wolf's fat (adCeps luspins, Serv.
124.)  This dress was called tunica recta (Plin. ad Alen. iv. 19; Plin. IJ. AN  xxviii. 9).  The
_I. N. viii. 48), and was bound round the waist husband received her with fire and water, which
with a girdle (coronac., cingsezta, or zona, Fest. s. v. the woman had to touch.  This was either a
CYinsulo), which the husband had to untie in the  symbolic purification (for Serv. oal Aen. iv. 104.
e,,elaini.  The bridal veil, called flammeum, was  says that the newly married couple washed their
of a bright-yellow  colour (Plin. II. N. xxi. 8; feet ill this water), or it was a symbolic expression
Schol. ad Jsuv. vi. 225), and her shoes likewise. of welcome, as, the interdicere aqua et igni was the
(Catull. lxii. 10.)  IIcHer hair was divided on this  formula for banishment.  The bride saluted her
occasion with the point of a spear. (Ovid. Fast. ii. husband with the words: ubi tN  Cacius, ego Caia.
560; Arnob. adv. Gent. ii. p. 91; Plut. Qzuscst. (Plut. Quaest. iRom. 1. c.)  After she had entered
Roan. p. 285.)                                     the house with distaff and spindle, she was placed
The only form of marriage which was celebrated  upon a sheepskin, and here the keys of the house
with solemn religious rites, was that by confarrea. were delivered into her hands. (Fest. s. v. Claris.)
tioe; the other forms being mere civil acts, were  A repast (cocsn iaptialis) given by the husband to
probably solemnised without any religious cere- the whole train of relatives and friends who acmony.  In the case of a marriage by confarreatio, companied the bride, generally concluded the so.
a sheep was sacrificed, and its skin was spread  lemnity of the day.  (Plaut. Cure. v. 2. 61; Suet.
over two chairs, upon which the bride and bride- Calig. 25.)  Many ancient writers mention a very
groom sat down with their heads covered. (Serv. polular song, Talasius or Talassio, which was sung
ad 4erz. iv. 374.)  Hereupon the marriage was at weddings (Plitt. Quasest. Rome. 1. c.; Liv. i. 9;
completed by pronouncing a solemn formula or Dionys. Ant. 1Rom. ii. 31; Fest. s. v. Talassionems);
prayer, after which another sacrifice was offered. but whether it was sung during the repast or
A  cake was made of far and the qmole salsa pre- during the procession is not quite clear, though we
pared by the Vestal virgins (Serv. ad Vi7y. Eclog. may infer from  the story respecting the origin of
viii. 82), and carried before the bride when she  the song, that it was sung while the procession.was conducted to the residence of her husband. It was advancing towards the house of the husband.
is uncertain whether this cake is the same as that    It may easily be imagined that a solemnity like
which is called mastaceusmz (Juv. Sat. vi. 201), and  that of marriage did not take place among the
which was in the evening distributed among the  merry and humorous Italians without a variety of
guests assembled at the house of the young hus- jests and railleries, and Ovid (Fast. iii. 675) menband.                                              tions obscene songs which were sung before the
The bride was conducted to the house of her door of the bridal apartment by girls, after the
husband in the evening.  She was talcen with ap-  company had left,  These songs were probably the
3   4




744             MI AUSO)LEUMJ1.                                     IA.USOLEUM.
eld Fescennina [FESCENNINA], and are frequently  observing his funeral rites -with the most expencalled Epitlelao.szic.  At the end of the repast the  sive splendour, and by commencing the erection
bride was conducted by matrons who had not had  of a sepulchral monument to him, at Halicarnasmore than one husband (pronubae), to the lectus sus, which should surpass any thing the world hild
genialis in the atrium, which was on this occasion  yet seen.  (See I)ict. of Biog. arts. Artesnzisi],
magnificently adorned and strewed with flowers. llzausolus.)   She entrusted its erection to the
On the following day the hiusband sometimes gave architects Phileus (or Phiteus, or Pytheus) and
another entertainment to his friends, which was Satyrus, who wrote an account of the work and its
called repotia (Fest. s. v.; Horat. Sct. ii. 2. 60), sculptural decorations; and to four of the greatest
and the woman who on this day undertook the artists of the new Attic school, Scopas, Bryaxis,
management of the house of Iher husband, had to  Leochares, and either Timotheus or Praxiteles, for
perform certain religious rites (Macrob. Sat. i. 15), respecting this name, Vitruvius tells us, the auon which account, as was observed above, it was thorities varied.  These artists worked in emnnecessary to select a day for the marriage which  lation with one another, each ulpon one face of the
was not followed by a dies ater.  These rites pro- building, and, upon the death of Artemisia, who
bably consisted of sacrifices to the dii Penates. only survived her hllsband two years, they con(Cic. de Republ. v. 5.)                           tinued their work as a labour of love. Pliny menThe rites and ceremonies which have been men- tions a fifth artist, Pythis, who made the marble
tioned above, are not described by any ancient quadriga on the summit of the building. (Vitruv.
writer in the order in which they took place, and  vii. Praef. ~ 12; Plin. I. N. xxxvi. 5. s. 4. ~ 9;
the order adopted above rests in some measure  Diet. of Biog. under the namnes of the artists.)
merely upon coinjecture.  Nor is it, on the other    It was chiefly, Pliny tells us, on account of the
hand, clear which of the rites belonged to each of works of these artists that the Mausoleum becamne
the three forms of masriage.  Thus much only is celebrated as one of the seven wonders of the world.
certain, that the most solemn ceremonies and those  Unfortunately, however, the ancient authors, who
of a religious nature belonged to confarreatio.    have celebrated its nmagnificence, have furnished
The position of a Roman woman after marriage  us with such scanty details of its construction,
was very different from that of a Greek woman.  that the restoration of its plan is almost hopeless.
The Roman presided over the whole household; (Strabo, xiv. p. 656; Cic. Tuse. Dispj. iii. 31;
she educated her children, watched over and pre- Gell. x. 18; Val. Max. iv. 6. ext. 1; Propert. iii.
served the honllour of the house, and as the mnater-  2. 1 9; Suid. Harpocr. s. rv.'APTE6rei' a,, MaOIcdofamilias she shared the holnours and respect shown  Aoe.)  There are, indeed, coins which give a reto her husband.  Far from being confined like the  presentation of it; but they are modern forgeries.
Greek women to a distinct apartment, the lRoman  (taslche, s. v.; Ecklhel, vol. ii. p. 597.)  The edi.matron, at least during the better centuries of the  fice has so entirely vanished, that even its site
republic, occupied the most important part of the  is doubtful, although some precious fragments of
house, the atriulm. (Compare Lipsius, Elect. i. 17; its sculptures survive, and are now  in our own
Bittiger, Alclobr7andi. Hoc7izeit, p. ] 24, &c.; Bris-  possession.
sonmus, 1De Rit  lrtNpvtiearoz, de Jure  Conasubii,    Pliny is the only writer who gives a'y thling
Paris, 1564. 12mo.)                     [L. S.]    like a complete description of the edifice; but
MATRO'NA.  [MiATaIn ONIvuA, p. 741, a.]   even in this account there are considerable diffiMATRONA'LIA,  also  called  MIATRO-  culties.  The building, he tells us, extended;3
NA'LES FERIAE, a festival celebrated by the  feet firom  north to south, being shorter on the
Roman matrons on the 1st of Marelh in honour of fronts, and its whole circuit was 411 feet (or, acJTuno Lucina. From the many reasons which Ovid  cording to the Bamberg MS. 440); it rose to the
gives why the festival was kept on this day, it is  height of 25 cubits (37~- feet); and was surrounded
evident that there was no certain tradition on the  by 36 columns.  This part of the building was
subject; but the prevailing opinion seems to have  called Pleron.  It was adorned with sculptures in
been that it was instituted in memory of the peace  relief, on its eastern face by Scopas, on thle
between  the Rom;ans and Sabinles, which was  northern by Bryaxis, on the southern by Timebrought about by means of the Sabine women. At thens, on the western by Leochares.  Above this
this festival wives used to receive presents from  pteron was a pyramid equal to it in height, dimitheir husbands, and at a later time girls froom their nishing  by 24 steps to its summit, which was snrlovers; mistresses also were accustomed to feast mounted by the marble quadriga made by Pythis.
their female slaves.  Hence we find the festival The total height, including this ornament, was
called by Martial the Saturnalia of women.  (Ov.  140 feet.
FTast. iii. 229, &c.; Plaut. -Ail. iii. 1. 97; Tibull.    The limits of this article do not admit of a disiii. 1; Itor. Coare. iii. 8; Mart. v. 84. 11; Suet. cussion of the various proposed restorations of the
Tresep. 19; Tertull. Idol. 14; comp. Hartung, Die  plan of the edifice.  They will be found enunmeReliqion der R;iner, vol. ii. p. 65.)              rated and  carefully  examined by Mr. Charles
AMAUSOLE'UM   (MavuohXe.ov), which  sig-  Newton, in a very valuable essay On the Scelapiaified originally tlhe seplchrele o/' fcTausolus, was  tures f'om the Mausoleumz   at ilclicarnassus in the
used by the Romans as a generic name for any  Classical Aussezum for July, 1847, vol. v. pp. 170,
magnificent sepulchral edifice. (Paus. viii. 16. ~ 3. foll., with a chart of Halicarnassus, a restoration
s. I, and the Latisn Lexicons.)                    of the Mausoleum, and other illustrations.
The original building was the production of    Thus much is clear enough froat Pliny's acthe piety of a wealthy queen, and the skill of count; that the edifice was composed of an oblong
the great artists of the later Ionian and Attic  quadrangular cella (the pteron), surrounded by a
schools of architecture and  sculpture.  Mauso-  peristyle of columns (which were in all probability
lus, the dynast of Caria, havinlg died in B.c. of the Ionic order), and elevated on a basement
353, his queen Artemisia evinced her sorrow by  (for this supposition presents the only means of




MIAUSOLEUM.                                          MEDICINA.                   X 74i
reconciling the discrepancy between the total and  and are now deposited in the British Museum,
partial heights), which pteron was surmounted by  under the name of the Budrumenz   larbles.  They
the pyramid; the sculptures were of course on the  consist of thirteen slabs, of the uniform height of
fiieze of the order.  The other apparent discre-  3 feet including the mouldings, or 2 feet 58 inches
pancy between the lengths of the sides and fronts  without them, and varying in length from 2 feet
and the total circuit of the building can only  8 inches to 6 feet 11 inches. Their total length is
be satisfactorily explained by supposing that it 64 feet 11 inclies, which is nearly the same nas
stood within an enclosure, or upon a platform of that of each longer side of the building; but
the larger dimensions, namely, 440 feet in peri- they are evidently from different faces of it, aRs
meter.  When we come to the details of the  they cannot all be arranged in one continluous
arrangement of the parts, we find most writers  composition, though some of them are continuous,
giving the simple explanation, which most readers and they show  traces of the hands of variouls
of Pliny would probably adopt at first sight, that artists.  Their subject is the battle of Greek
the 36 columns, of which Pliny speaks, formed a  warriors with Amazons, which was as favouriti
single peristyle all round the building. (See, for a myth in Ionia and Caria as it was in Attica.
example, the restoration in Hlirt's Gesch. d. Ban- Their style is considered by competent judges
k2unst, Pl. x. fig. 14, P1. xxx. fig. 14.)  To this  to be inferior to what we might have expected
view  there are very formidable objections; and  from  artists of the school of Scopas and Praxanother, which has not only the merit of being  iteles; but their close resemblance to another
exceedingly ingenious, but the authority  of a  bas-relief of the same school, that of the choragic
most accomplished architect, is proposed by Mr. monument of Lysicrates, is admitted; and the
Cockerell, in Mr. Newton's Essay.  Taking on  points in which they are alleged to be deficient
the one hand Pliny's 63 feet as the length of the  are just those in which we recognise the inferiority
longer side of thie peristyle, and on the other hand, of the later Attic- school to the perfect art of
calculating the dimensions of the order from the  Pheidias.  The suggestion of Mr. Newton, that
existing fragments of the frieze (which, in the  accident may have preserved to us, cut of the
case of a work of that period of Greek art, an  whole frieze, the inferior works of Bryaxis, Leoarchitect can do with as much certainty as that chares, and Timotheus, and not the better prodicwith which Professor Owen can construct a di- tions of Scopas or Praxiteles, is not only inconsistent,
2oranis from  a single thigh-bone), Mr. Cockerell as he himself remarks, with Pliny's statement that
arrives at the conclusion that the 36 pillars were  the sculptures were regarded as of equal merit;
arranged, in a single row of six columns on each  but also, it is one of those gratuitous suppositions
firont, and in a double row of eight on each side, made to escape from a difficulty, which cannot be
at intercolumniations of 6 feet 8 inches, around a  admitted without some positive proof.
1ong  narrow cella, corresponding in length to six    In the Roman  fcausolea the form chiefly emof the columns of the peristyle, and in width to  ployed was that of a succession of terraces ill
two.  (See the plan and elevation in the Classical imitation of the roges. Of these the most celebrated,lheZesema, 1. c.)                                were those of Augustus and of Hadrian   the latter
The researches of the latest travellers fuirnish a  of which, stripped of its ornaments, still forms the
strong hope that good elements for reconstructing  fortress of modern Rome (the Castle of S. Angelo);
the plan of the Mausoleum may be found among  but of the other, which was on a still larger scale,
the fiagments of columns which are scattered about and which was considered as one of the most
the city of Budrumz, and worked into its walls.  magnificent buildings of Augustus, there are only
The building was still standing in the latter some insignificant ruins. (Strabo, v. p. 236; Suet.
part (of the fourth century after Christ (Gregor. Aug. 100; Nardini, Roma A4ztica, vol. iii. p. 75,
Naz. Epsgs. cxviii.), and even as late as the tenth; ed. Nibby; fHirt, Lelre d. Gebiilude, pp. 349but it shared at length, with Halicarnassus itself, in  351, and restoration of the monuments in P1. xxx.
thealmost total destruction which fell upon the cities fig. 21, 23.)                      [P. S.]
of Asia Minor.  For its subsequent history, the    MAZO'NOMUS (Mfa'ovo4cos, dim. yuaodo'luov,
question of its site, and the chain of evidence  Athen. v. 30, 34), from  tcdua, a loaf, or a cake;
which proves that the marbles now in the British  properly a dish for distributing bread: but the
Museum  are the very reliefs with which Scopas term  is applied also to any large dish used for
and his rivals adorned the sepulchre of Mausolus, bringing meat to table. (Varro, de Re Rust. iii. 4.)
the reader is referred to the very interesting ac-  These dishes were made either of wood (Pollux,
count of these matters given in Mr. Newton's  vii. 87), of bronze (Athen. iv. 31), or of gold
Essay.  All that can here be stated is, that when  (Athen. v. 27).                        [J. Y.]
the knights of Rhodes built the citadel of Hali-    MEDIASTI'NI, the name given to slaves, used
carnassus (Budruas), in the fifteenth centsury, or for any common purpose, and are said by the
nlore probably when they strengthened its for- Scholiast upon Horace (Ep. i. 14. 14) to be those
tifications in 1522, they ussed materials obtained  " qui in medio stant ad quaevis imperata parati."
from the ruins of the Mausoleum, and, among the  The name is chiefly given to certain slaves belongrest, they worked into the inner wall of their for- ing to the familia rustica (Cic. Cat. ii. 3; Colulln.
tress some of the sculptured slabs which had formed  i. 9, ii. 13), but it is also applied sometimes to
its frieze. Various travellers, from Thevenot to the  slaves in the city. (Dig. 4. tit. 9. s. 1. ~ 5, 7. tit.
present time, have described these marbles, of 7. s. 6.)
which there is a sketch in the lonian Antiquities    MEDICI'NA  (iaTpcKs'), the name of that
of the Dillettanti Society (vol. ii. Stpp. P1. ii.). science which, as Celsus says (de M3:edic. lib. i.
At length our ambassador at Constantinople, Sir Praefat.), "' Sanitatem aegris promittit," and whose
Stratford Canning, obtained the permission of the  object Hippocrates defines (de Arte, vol. i. p. 7,
Porte for their removal, and in February, 1846, ed. Kiihn) to be s" the delivering sick persons fi'om
they were taken down and conveyed to England, their disease, and the diminishing the force of




746              MEDICINA..MEDICINA.
sicknesses, and the not undertaking the treatment doctrine that  one meets with is the collection of
of those who are quite overcome by sickness, as writings known under the name of the works of
we know that medicine is here of no avail."  For Hippocrates.  The science mounts up directly to
other definitions of the art and science of Medi- that origin and there stops.  Not that it had not
cine given by the ancients, see Pseudo-Galen (In-  been cultivated earlier, and had not given rise to
lroduct. Seuzr  fedicus, c. 6. vol. xiv. pp. 686-8-, even numerous productions; but every thing that
ed. Kiihn). T'he invention of medicine was almost had been made before the physician of Cos has
universally attributed by the ancients to the gods. perished.  We have only remaining of them scat(Hippocr. dle Prisca CMedic. vol. i. p. 39; Pseudo- tered and unconnected fragments; the works of
(alen, introd. cap. i. p. 674; Cic. Tsc. Dis. iii. Hippocrates have alone escaped destruction; and
~ Plin. 11. N. xxix. 1.)  Another source of in- by a singular circumstance there exists a great gap
fonrmation was the observing the means resorted to  after themn, as well as before them.  The medical
by animals when labouring under disease. Pliny  works from  Hippocrates to the establishment of
(I:L Ai  viii. 41) gives many instances in which  the school of Alexandria, and those of that school
these instinctive efforts taught mankind the pro- itself, are completely lost, except some quotations
perties of various plants, and the more simple sur- and passages preserved in the later writers; so that
gical operations.  The wild goats of Crete pointed  the writings of Hippocrates remain alone amongst
out the use of the Dictamlnus and vulnerary herbs; the ruins of ancient medical literature."  The
dogs when indisposed sought the Trqiticnum repes, Asclepiadae, to which family Hippocrates beionged,
and the same animal taught to the Egyptians the  were the supposed descendants of Aesculapiius
use of purgative, constituting the treatment called  ('AxcAixros), and were in a manner the herediSyrmnaism. The hippopotamus introduced the prac- tary physicians of Greece. They professed to have
tice of bleeding, and it is affirmed that the em- among them  certain secrets of the medical art,
ployment of clysters was shown by the  ibis. which had been handed down to them  from  their
(Compare Pseudo-Galen, litrodl. c. i, p. 675.) great progenitor, and founded  several medical
Sheep with worms in their liver were seen seeking  schools in different parts of the world.  Galen
saline substances, and cattle affected with dropsy  mentions (De iets. Iled. i. i. vol. x. pp. 5, 6) three,
anxiously looked for chalybeate waters.  We are  viz., Rhodes, Cnidos, and Cos.  The first of these
told (Herod. i. 197; Strab. xvi. c. i, ed. Tauchn.; appears soon to have become extinct, and has left
Pseusdo-Galen, Introd. 1. c.) that the Babylonians no traces of its existence behind. From the second
and Chaldaeans had no physicians, and in cases of proceeded a collection of observations called Kv'sickness the patient was carried out and exposed  8ial rVOjual,'" Chidian Sentences," a work of much
on the highway, that any persons passing by who  reputation in early times, which is often mentioned
had been affected in a similar manner, might give  by Hippocrates (de Rat. IVict. inz llorb. Acztt.), and
some information respecting the means that had  which appears to have existed in the time of
atfforded them relief. Shortly afterwards, these ob- Galen. (Comzment. insHijppocr. lib. cit. vol. xv. p. 427.)
servations of cures were suspended in the temples The school of Cos, however, is by far the most
of the gods, and we find that in Egypt the walls  celebrated, on account of the greater number of
of their sanctuaries were covered with records of eminent physicians that sprang from it, and espe..
this description.  The priests of Greece adopted  cially from having been the birth-place of the great
the same practice, and some of the tablets sus-  Hippocrates.  WVe learn from IIerodotus (iii. 131)
pended in their temples are of a curious character, that there were also two celebrated medical schools
which will illustrate the custom.  The following  at Crotona in Magna Graecia, and at Cyrene in
votive memorials are given by Hieron. Mercuri- Africa, of which he says that the former was in
alis (de Ase Gemonoast. Anmstel. 4to. 1672, pp. 2, 3): his time more esteemed in Greece than any other,
"Some days back a certain Caius, who was and in the next place came that of Cyrene.  In
blind, learned from an oracle that he should repair subsequent times the medical profession was dito the temple, put up his fervent prayers, cross the  vided into different sects; but a detailed account
sanctuary from right to left, place his five fingers of their opinions is foreign to the object of the
on the altar, then raise his hand and cover his eyes. present work.  The oldest, and perhaps the most
H-te obeyed, and instantly his sight was restored  influential of these sects was that of the Dog2atlici,
amidst the loud acclamations of the multitude. founded about n.c. 400 by Thessalus, the son, and
These signs of the omnipotence of the gods were  Polybus, the son-in-law of Hippocrates, and thence
shown in the reign of Antoninus."  "A  blind  called also the I-ippocratici.  These retained their
soldier named Valerius Apes, having consulted the  influence till the rise of the Eonpisci, founded by
oracle, was informed that he should mix the blood  Serapion of Alexandria, and Philinus of Cos, in tile
of a white cock with honey, to make up an oint- third century B. c., and so called, because they
mnet to be applied to his eyes, for three conse- professed to derive their knowledge from  expccutive days: he received his sight, and returned  rience only; after which time every member of the
public thanks to the gods."   "Julian appeared  maedical profession during a long period ranged
lost beyond all hope from a spitting of blood.  The  himself in one of these two sects.  In the first
god ordered him to take from the altar some seeds  century B. c., Themison founded the sect of the
of the pine, and to mix them with honey, of which  Methlodici, who held doctrines nearly intermediate
mixture he was to eat for three days.  He was between those of the two sects already mentioned.
saved, and came to thank the gods in presence of About two centuries later the Methodici were
the people."                                       divided into numerous sects, as the doctrines of
With regard to the medical literature of the  particular physicians became more generally reancients, " When " (says Littrd, Oec-vres Com- ceived.  The chief of these sects were the Polemtpletes d'Hiplpocrate, vol. i. Introd. ch. 1. p. 3)  matici and the Eclectici; the former founded by
"' onIe searches into the history of medicine and the  Athenaeus about the middle or end of the first
commencement of the science, the first body of century  a,. D.; the latter about the same time




MEDICUS.                                          iMEDICUS.                  7 47
either by Agathinus of Sparta, or his pupil Archi- character and conduct of their pupils, and the
genes.                                            famous Hippocratic oath (which, if not drawn up
It only remains to mention the principal medical by Hippocrates himself, is certainly almost as
authors after Hippocrates whose works are still ancient) requires to be inserted here as being the
extant, referring for more particulars respecting  most curious medical monument of antiquity. "' I:
their writings to the articles in the Dictionary of' swear by Apollo the physician, by Aesculapius,
Biogroalqy. Celsus is supposed to have lived in the  by Hygeia, and Panac.eia, and all the gods and
Augustanl age, and deserves to be mentioned more  goddesses, calling them to witness that I will fulfil
for the elegance of his style, and the neatness and  religiously, according to the best of my power anl
judiciousness of his compilation, than for any  judgment, the solemn promise and the written
original contributions to the science of Medicine. bond which I now  do make.  I will honour as
I)ios.o eides of Anazarba, who lived in the first my parents, the master who has taught me this
centuly after Christ, was for many centuries the  art, and endeavour to minister to all his necesgre;ltest authority in Materia Medica, and was sities. I will consider his children as my own broalmost as much esteemed as Galen in Medicine  thers, and will teach them  my profession, should
-and Phisiology, or Aristotle in Philosophy.  Are- they express a desire to follow  it, without retaeus, who probably lived in the time of Nero, is msuneration  or written bond.  I will admit to
an interesting and striking writer, both from  the  my lessons, my  discourses, and  all my  other
beauty of his language, and from the originality of methods of teaching, my own sons, and those of
his olpinions. The next in chronological order, and  my tutor, and those who have been inscribed as
perhaps the most valuable, as he is certainly the  pupils and have taken the medical oath; but no
inost voluminous, of all the medical writers of anti-  one else. I will prescribe such a course of regimeln
quity, is Galen, who reigned supreme in all mat-  as may be best suited to the condition of n11
ters relating to his art till the commencement of patients, according to the best of my power and
modern times.  He was born at Pergamus A. D. judgment, seeking to preserve them  from  any131, came early in life to Rome, where hlie lived in  thing that might prove injurious.  No inducegreat honour, and passed great part of his clays, ment shall ever lead me to administer poison, nor
and died A. D. 201.  After him  the only writers  will I ever be the author of such advice: neither
deserving particular notice are Oribasius of Per-  will I contribute to an abortion.  I will maintain
ganmus, physician to the emperor Julian in the  religiously the purity and integrity both of my
fourth century after Christ; Altins of Amnida, conduct and of my art.  I will not cut any one
who lived probably in the sixth century; Alex- for the stone, but will leave that operation to
ander Trallianus, who lived something later; and  those who cultivate it.  Into whatever dwellings I
P'aulus Aegineta who belongs to the end of the  may go, I will enter them  with the sole view of
seventh.                           [W. A. G.]    succouring the sick, abstaining from  all injurious
ME'DICUS (la'vpds), the name given by the  views and corruption, especially from any inmniodest
ancients to every professor of the healing art, action, towards women or men, freemen or slaves.
whether physician or surgeon, and accordingly both  If during my attendance, or even unprofessionally
divisions of the medical profession will here be  in common life, I happen to see or hear of any
included under that term.  In Greece and Asia circumstances which should not be revealed, I will
Minor physicians seem to have been held in high  consider them  a profound secret, and observe oil
esteem; for, not to mention the apotheosis of the subject a religious silence.   May  I, if I
Aesculapius, who was considered as the father of rigidly observe this my oath, and do not break it:,
it, there was a law at Athens that no female or enjoy good success in life, and in [the practice of]
sl(te should practise it (Hyginus, Feb. 274); my art, and obtain general esteem for ever; should
Aelian mentions one of the laws of Zaleucus  I transgress and become a perjurer, may the reverse
amlong the Epizephyrian Locrians, by which it was be my lot."
ordered that if any one during his illness should    Some idea of the income of a physician in those
drink wine contrary to the orders of his physician, times may be formed from the fact mentioned by
even if he sllould recover, he should be put to  Herodotus (iii. 131) that the Aeginetans (about
deathl for his disobedience (Var. list. ii. 37); the year B. c. 532) paid Democedes from  the,
and, according to Mead, there are extant several public treasury one talent per annum  for his seem1edsals struck by the people of Smyrna in honour vices, i. e. (if we reckon, with Hussey, Ancient
dof  filferent persons belonging to the medical pro-  Weigldts aned Money, &c., the Aeginetan drachmsa
fession.   (Disseriatio de Almnm7zis quibusdamn     a  to be worth Is. 3{-1.) not quite 3441.; he afterSnroyrtaeis ian Mfcldicoruz L lIonooremut percutssis, 4to. wards received from  the Athenians one hundred
Lond. 17'24.)  If the decree of the Athenians  minae, i. e. (reckoning, with Hussey, the Attic
(published among the letters of Hippocrates) be  drachma to be worth 9dc.) rather more than 406!.,
eenotine, and if Soranus (in 1Vita I:ipplocr.) can be  and he was finally attracted to Samos by being
depended on, thile same hlonours were conferred  offered by Polycrates a salary of two talents, i. e.
upon that physician as had before been given to  (if the Attic standard be meant) 4871. 10s.  It
Hercules; he was voted a golden crown, publicly  should however be added, that Valckenaer doubts
initiated into the Eleusinian mysteries, alld main- the accuracy of this statement of Herodotus with
tained in the Prytaneum  at the state's expense. respect to the Aeginetans and Athenians (and ap(Compare Plin. II. N. vii. 37.)                    parently with reason) on the ground that the latter
As there were no hospitals among the ancients, people, at the time of their greatest wealth, only
the chief places of study for medical pupils were  allowed  their ambassadors  two drachmae  (or
the'AOr-cAr-pr1e, or temples of Aesculapius, where  Is. 7jd.) per day, i.e. somewhat less than thirty
the votive tablets furnished them with a collection  pounds per annum. (Aristoph. Achean. v. 66.)  A
of cases.   The Asclepiadae  [MEDIcINA] were  physician, called by Pliny both Erasistratuis (II. N.
very strict in examining into and overlooking the  xxix. 3) and Cleombrotus (H. N. vii. 37), is said




748               MIED ICUS.                                   MEDIX  TUTICUS.
by him to have received one hundred talents for from the emperor 500,000 sesterces per annum
curing king Antiochus, which (if we suppose the  (or 39061. 5s.), as he might have made 600,000
Attic talents of the standard of Alexander's coin- sesterces (or 46871. lOs.) by his private practice -
age to be meant, which, according to Hussec, was and that he and his brother, who received the
worth 2431. 15s.) would amount to 24,3751.*  It same annual income from  the emperor Claudins,
seems to have been not uncommon among the  left between them at their death, notwithstanding
GTreeks in those times (as afterwards in the later large sums that they had spent in beautifying the
Roman empire, see ARtcHIATER) for states to  city of Naples, the sum of thirty millions of sesmaintain physicians, who were paid at the public  terces (or 234,3751.).
cost (Xen. Mele. iv. 2. ~ 5; Plato, Gori. ~ 23;    Of the previous medical education necessary to
Strabo, iv. p. 125; Died. Sic. xii. 13); and these  qualify a physician at Rome for the legal practice
again had attendants, for the most part slaves, who  of his profession in the early times, we know noexercised their calling among people of low condi- thing; afterwards, however, this was under the
tion.  (Plato, De Leg. iv. p. 720, ed. Steph.)   superintendence of the archiatri.  [ARcIiIATEt.]
The Romans derived their knowledge of me-    Two other medical titles that we meet with
dicine at first from the Etruscans, and afterwards  under the emperors were IatrosoV7ista (see the
from the Greeks.  One of the most ancient cus- word) and Actuarius,'AKTovUdpos. The latter wAas
toms at Rome in order to ward off epidemic dis- a title at the court of Constantinople, given appaeases, and to appease the anger of the gods, was rently only to physicians, and quite distinct frosm
the interrogating the books bought by Tarquin of the use of the word found in the earlier Latin
the Sibyl.  In the earlier times of the Roman  authors.  (See Du Cange, Gloss. Graec. vol. i.
republic physicians are said by Pliny to have been  p. 46, and Possini, Gloss. ad Pac7/1eer. Hist. 4nunknown (IH. N. xxix. 5); and for some time  dronici, vol. i. p. 366, &c. and vol. ii. pp. 468, 46.9.)
afterwards the exercise of the profession was in a  Besides Joannes the son of Zacharias, who is better
great measure confined to persons of servile rank; known by his title of Actuarius than by his real
fbr the richer families having slaves who were  name, several other physicians are recorded as
skilled in all sorts of trades, &c., generally pos- having arrived at this dignity.  [W. A. G.]
sessed one or more that understood medicine and    MEDIMNUS (aLU'eos or EoIvOS  evr-?pbis),
surgery. (Middleton's Essay, De  lledicorzmn aped  the principal dry measure of the Greeks.  It was
Romcoanos degentiunm Conditione, Cantab. 1726, 4to. used especially for measuring corn.  It contained
and the various answers to it that appeared on its  6 /hectes, 12 hemniecta, 48 clhoenices, 96 xestae (sex,publication.)   To this practice, however, there  tarii), 192 cot?/lae, and 1152 cyethi. The Attic
were many exceptions, e.g. the physician who was medimnus was equal to six Roman modii, or two
taken prisoner with Julius Caesar by the pirates  amphorae (Nepos, Att. 2; Cic. in Verr. iii. 45, 4(;,
at the island of Pharmacusa (Sueton. J. Caes. 4), 49; Suidas, s. v.; Rhemn. Fann. v. 64.)
and who is called his friend by Plutarch (see    Suidas makes the medirnnus= 108 litrae, conCasaubon's note on Sueton.); Archagathus, who  founding it apparently with the metretes, the chief
being the first foreign surgeon that settled at Greek fluid measure, which was three quarters of
Rome, had a shop bought for him at the public  the medimnus.  The medimnus contained nearly
expense, and was presented with the Jus Quiritium   12 imperial gallons, or 1- bushel.  This was the
B. c. 219 (Cassius Hemina, ap. Plin. 1. N. xxix. Attic medimnus; the Aeginetan and Ptolemaic was
6); Artorius, who is known to have been a phy- half as much again, or in the ratio of 3: 2 to the
sician (Cael. Aurel. De Morh. Acat. iii. 14. p. 224), Attic.  For the values of the subdivisions of the
and who is called the friend of Augustus (Plut. medimnus see the Tables. (BIckh, AlMetrol. Ulte'rBrazt. 41), where, however, it should be noticed  sace. pp. 202-204.)                  [P. S.]
that some editions read'APrvi'mos instead of    MEDITRINA'LIA  was one of the festivals'Aprcipos); Asclapo, whom Cicero calls his friend  connected with the cultivation of vineyards.  It
(ad Easn. xiii. 20); Asclepiades, the friend of took place on the eleventh of October, on which
Crassus the orator (Cic. de Orat. i. 14); Eude- day the people of Latium began to taste their new
mus, who is called by Tacitus (Annal. iv. 3) the  wine (smustuzn), and to offer libations of it to the
friend and physician of Livia; and others.  The  (rods. In drinking the new wine it was customary
hatred borne by Cato the Censor against the Greek  to pronounce the words: "vetus novum vinuml
physicians as well as the Greek philosophers at bibo, novo veteri morbo medeor." (Varro, de Lihl.
Rome is well known; but it is not true that he  Lat. vi. 21; Festus, s. v. Meditrinalia.)  Valro
caused themn to be expelled from  Rome.  (See  derives the name of the festival from the healing
Sprengel, Hist. de la k/lid.)  With respect to the  power of the new wine, but Festus speaks of a
income made by eminent physicians in the early  goddess Meditrina.                     [L. S.]
times of Rome, the writer is not aware of any    MEDIX  TUTICUS, the name of the supreme
data for ascertaining it; at the beginning of the  magistrate among the Oscan people.  Medix apempire, we learn from Pliny (Hl. N. xxix. 5) that pears to have signified a magistrate of any kind
Albutius, Arruntius, Calp'etanus, Cassius, and Ru- (szeddixr apud Oscos aomen s nayistralts est, Festus,
brius gained 250,000 sesterces per annum, i. e. s. v. p. 123, ed. Miiller), and tuticus to have been
(reckoning with Hussey the mille nummi (sestes- equivalent to snuagnus or summus.  Livy, therefore,
tihm) to be worth, after the reign of Augustus, in calling the medix tuticus the sumzomus mncais71. 16s. 3d.) 19531. 2s. 6d.; that Q. Stertinius tratuss, gives a literal translation of the word.  In
made it a favour that he was content to receive  the time of the second Punic war, the Campanians
were governed by the medix tuticus, who seenls
" If, however, the Alexandrian standard, which  to have been elected annually (Liv. xxiii. 35, xxiv.
is found in the coins of the Ptolemies, be meant, it 19, xxvi. 6); and we may infer from a line of
would amount (reckoning the drachma as Is. 3ld.) Ennitus (apucd Fest. s. v.), "Summus ibi capitur
to 39,3751.; an almost incredible sum.           meddix, occiditur alter," that there was another




MENELAEIA.                                            MENSA.                    749
magistrate of tile same name under him, who  p. 247, a.), and honoured him  and Helena with
perhaps took his place in case of death, or of his  aiinnual and solemn sacrifices at Theraplae, which
being incapacitated by illness or other causes from   continued to be offered in the days of Isocrates.
discharging his duties.  In Oscan inscriptions the  (Helenz. ncort. 1)p. 218, D.)  These solemnities are
name occurs in the form of gneddiss tdrvtils; so that  sometimes called'EXAE'a.  (See Creuzer, CSyclbol.
the orthography of Festus is more correct than  iii. p. 38.)                               [L. S.]
that of Livy, which is placed at the head of this    MENSA  (rpdcresa), a table.   The simplest
article. (Lepsius, Ilscr. Unhbr. et Oscae.)        kind of table was one with  three legs, round,
MEGALE'SIA, MEGALENSIA, or MEGA-  called cilliba (Festus, s. v.; Varro, de Ling. Lat. v.
LENSES LUDI, a festival with games celebrated
at Rome in the month of April and in honour of
the great mother of the gods (Cybele, EWyd'Mk bo0ds, 3
whence the festival derived its name). The statue
of the goddess was brought to Rome from Pessinus
in the year 203 B. c., and the day of its arrival
was soleumnised with a magnificent procession, lectisternia, and games, and great numbers of people
carried presents to the goddess on the Capitol.
(Varro, de Ling. Lat. vi. 15; Liv. xxix. 14.)  The
oegular celebration of the Megalesia, however, did
tot begin till twelve years later (1 91 a. c.), when
the temple which had been vowed and ordered to be  25. p. 123, ed. Spengel; Hor. Sbet. i. 3. 13; Ovid.
built in 203 B. c., was completed and dedicated by   Mlet. viii. 662), and in Greek rpbirous.  (Xen.
kM. Junius Brutus. (Liv. xxxvi. 36.)  But from   4cAeab. vii. 3. ~ 10; Athen. iv. 21, 35, v. 28.)  It
aiLother passage of Livy (xxxiv. 54) it appears  is shown in the drinking-scene painted on the wall
that the Megalesia had already been celebrated  of a wine-shop at Pompeii. (Gell's Pocl)eiacu,
in 193 B.c.  The festival lasted for six days, be-  1832, vol. ii. p. 11.)  (See woodcut.)  The term
ginning on the 4th of April.  The season of this  Tpa7refa, though commonly used in Greek for a
festival, like that of the whole month in which it table of any kind, must, according to its etymology,
took place, was full of general rejoicings and feast-  have denoted originally a four-legged table.  Acing.  It was customary for the wealthy Romans  cordingly, in paintings on vases, the tables are
on this occasion to invite one another mutually to  usually represented with four legs, of which anI
their repasts, and the extravagant habits and the  example is givenl in the annexed cut.  (Millill,
good living during these festive days were probably carried to a very high degree, whence a
senatusconsultum  was issued in 161 a. c., prescribing that no one should go beyond a certain 
extent of expenditure.  (Gellius, ii. 24; compare
xviii. 2.)
The games which were held at the Megalesia
were purely scenic, and not circenses. They were              f                               I
at first held on the Palatine in front of the temple                                       _
of the goddess, but afterwards also in the theatres.           - 
(Cic. (le Ic142usp.  Reso. Il, &ci)   The first ludi              A1
scenici at Rome were, according to Valerius Antias, introduced at the Megalesia, i. e. either in 193
~or 191 B. c. The day which was especially set
apart for the performsance of scenic plays was the
third of the festival.  (Ovid. Fast. iv. 377; Ael. Pectlacres die iascs Alntitocs, vol. i. pi. 59.) Iiorace
Spartian. Anztosisz. Caracc. c. 6.)  Slaves were not used at Rome a dining-table of white marble, thus
permitted to be present at the games, and the ma-  combining neatness with economy. (Sat. i. 6. 116.)
gistrates appeared dressed in a purple toga and  For the houses of the opulent, tables were made of
praetexta, whence the proverb, pslzstrac AeoayTlencsis.  the most valuable and beautiful kinds of wood,
Thle games were under the superintendence of the  especially of maple (f'Eaodcuravi, Athen. ii. 32;
curule aediles (Liv. xxxiv. 54), and we know that acernce, Hor. Sat. ii. 8. 10; Mart. xiv. 90), or of
four of the extant plays of Terence were performed  the citrus of Africa, which was a species of cyat the Megalesia.  Cicero (dle  aicus.) Rosp. 12), press or juniper. (Citrea, Cic. Veerr. iv. 17; Mart.
probably contrasting the games of the Megalesia  ii. 43, xiv. 89; Plin. II. N. xiii. 29.)  For this
with the more rude and barbarous games and ex-  purpose the Romans made use of the roots and
Ihibitions of the circus, calls them mzanixse  ccasti, tubers of the tree, which, when cut, displayed the
solemlnes, seliqiosi. (See Ovid. Fatst. iv. 179-372; greatest variety of spots, beautiful waves, and curlP. Manutius, ad Cic. ad Famil. ii. 11.)  [L. S.]    ing veins.   The finest specimens of tables so
MELLEIREN (,useAAelprv).  [ECIE N.]             adorned were sold for many thousand pounds.
MEMBRA'NA.  [LIBER.]                             (Plin. If. N. xiii. 29, xvi. 26, 84; Tertull. dle
MENELAEIA (ueE'EAdcera),a festivalcelebrated  Pallio, sub fin.; A. Aikin, On Oanamzectal Woods,
at Therapnae in Laconia, in honour of Menelaus and  pp. 23, 24.)  Besides the beauty of the boards
lielena, who were believed to be buried there.  (drltsO eaa) the legs of these tables were often
(Paus. iii. 19. ~ 9.) Menelaus was to the Lacedae-  very tasteful, being carved in imitation of lion's or
monianswhat Nestorwasto the Messenians, amodel tiger's feet, and made of ivory. (Athen. 1. c.;
of a wise and just king, and hence they raised him to  Mart. ii. 43. 9.)
the rank of one of the great gods (Isocrat. Pacnalt.    One of the principal improvements was the ins




v750             MENSARII.                                             IENSURA.
vention of the  onoolpocdium, a round tablle (orbis)  time when the plebeians were so deeply involved
stupparted by a single  foot; this, with  other  in debt, that they were obliged to borrow money
elegant kinds of furniture, was introduced into  from new creditors in order to pay the old ones,
Rome from  Asia Minor by Cn. Manlius.  (Plin.  and thus ruined themselves completely.  (Liv. vii.
11.N. xxxiv. 8.) Under the Rolman emperors semi.-  21; compare  FENUS (ROMAN) and ARCGENcircular tables were introduced, called ssenesae  TARI.)  On this occasion they were also autholmraltae from comparing them to the half-moon, and  rized to ordain that cattle or land should be resiioatae, because they had the form of that letter, ceived as payment at a fair valuation. Such bankers
C.  (Lamprid.  Ietl. 25, 29.)  This lunate table  were appointed at Rome at various times and
was surrounded by a sofa of the same form, called  whenever debts weighed heavily upon the people,
stibadiuzm, which was adapted to hold seven or  but with the exception of the first time they apeight persons.  (Mart. x. 48, xiv. 87.)            pear during the time of the republic to have always
As the table was not very large, as we see from   been triumviri mensarii. (Liv. xxiii. 21, xxvi. 36.)
the preceding cut, it was usual to place the dishes  One class of mensarii, however (perhaps an inferior
and the various kinds of meat upon it, and then to  order), the mensuslsrii or nuimuaerii, seem to have
bring it thus furnished to the place where the  been permanently employed by  the state, and
guests were reclining: hence such phrases as zmen- these must be meant when we read that not only
samc a7pponere or opponere (Plaut. Asian. v. 1. 2, the aerarium but also private individuals deposited
iMfost. i. 3. 150; Cic. ad. Alt. xiv. 21; Ovid, Vliet.  in their hands sums of money which they had to
viii. 570), and mi2ensCam acGferre or remC7overe. (Plant.  dispose of.  (Tacit. Anncl. vi. 17; Dig. 16. tit. 3.
4A sphit. ii. 2. 175; Virg. Aesn. i. 21 6.)  As the  s. 7; 42. tit. 5. s. 24.)  As Rome must have often
board of the table is called by a distinct name  been visited by great numbers of strangers, these
ri'0m71ta (Athen. 1. c.; Pollux, x. 81), it appears  public bankers had also, for a certain percentage,
that it was very frequently made separate from the  to exchange foreign money and give Roman coinage
tripod or other stand (KltXMCas) on which it was  instead, and also to examine all kinds of coins
fixed.                                             whether they were of the proper metal and geAmong the Greeks the tables were not covered  nuine or not. (Dig. 46. tit. 3. s. 39.) During the
with cloths at meals, but were cleansed by the  time of the empire such permanent mensarii were
use of wet sponges (Hom. Od. i. 111, xx. 151; under the control of the praefectus urbi and formed
Mart. xiv. 144), or of fragrant herbs. (Ovid. Met.   a distinct corporation.  (Dig. 1. tit. 12. s. 1; Cod.
viii. 665.)  The Romans used for the same pur-  Theod. 16. tit. 4. s. 5.)
pose a thick cloth with a long woolly nap (gau-    Bankers appointed by the state also existed in
sape, Hor. I. c.; Heindorf in loc.)                other ancient towns, and Cicero (pro Flacc. 19)
Under the influence of the ideas of hospitality,  mentions mensarii at Temnos in Asia Minor who
which have prevailed universally in the primitive  were appointed by the people.           [L. S.]
states in society, the table was considered sacred,    MENSIS.  [CALENDARIUM.]
(Juv. ii. 110.)  Small statues of the godt  were:MENSO'RES, measurers or surveyors.  This
placed upon it. (Arnob. contra Gentes, lib..ii.) On  name was applied to various classes of persons
this account Hercules was worshipped under the  whose occupation was the measurement of things.
title rpaer/eCos and E7rtrpa7rECios.  T-e Cretans    1. It was applied to land-surveyors who menate in public; and in the upper part of their  sured and defined the extent of fields, and appear
Uvs3pe7lo, or public dining-room, there was a con-  to have been the same as the agrimensores. (Column.
stant table set apart for strangers, and another  v. 1; compare ACIIMENSO1t:ES.)
sacred to Jupiter, called'rpasrea (evla, or Alos    2. To persons who measured in the Roman
(t'vlou.  (Athen. iv. 22; HLick's Kretsa, vol. iii. camps the space to be occupied by the tents. They
)pp. 120-128.)                                     must be distinguished from  the metatores, who
The two principal courses of a ae77rsvov and coena,  selected the place for a camp. (Veget. de Re lilit.
or a Greek and Roman dinner, were called respect-  ii. 7.)
ively srpcWr- srpdsreta, Ea'T.epa srpaena, and 1rOeisa    3. To a class of officers during the time of the
prilza, omecsa seczlnda.  [CoENA.]                 empire who provided quarters for the soldiers in
The name of Tpdnrea or snensa was given to a  the towns through which they passed and where
square  tomb-stone  (Becker, C/lariles,   vol. ii. they made a temporary stay.  They not only aspp. 191, 193) [FuNuS, p. 556, b.]; and the se s    signred to each soldier the house in which lie was
name was also given to square altars.  Every curia  to be quartered, but also wrote the name of the ocat Rome had an altar, called ozessa,  which was  cupant upon the door-post, and he who effaced or
sacred to Juno Curitis.  (Dionys. ii. 50; Festus,  destroyed this name was punished as a failsi renus.
lip. 49, 64, 1]56, ed Miiller; Macrob. Sat. iii. 11;  (Cod. Theod. 7. tit. 8. s. 4.)
Becker, R6mi. Alterth. vol. ii. pt. i. p. 34.) [J. Y.]    4. Mensor aedificiorum is sometimes applied to
MIENSA'RII, MENSULA'RII, or NUMU-  architects, Or more especially to such architects as
L.A'RII, were a kind of public bankers at Rome  conducted the erection of public buildinlgs, the
who were appointed by the state; they were dis-  plans of which had been drawn up by other architinct from  the argentarii, who were  comnlon  tects.  (Plin. Eist. x. 28 and 29.)
blacilkers and did business on their own account.    5. Mensores frumentarii was the name of officers
(Dig. 2. tit. 13. s. 6.)  The mensarii had their  who had to measure the corn which was conveyed
banks (cseczsae) like ordinary bankers around the  up the Tiber for the public granaries.  (Dig. 27.
forum, and in the name of the aerariuni they of-  tit. 1. s. 26; Cod. Theod. 14. tit, 9. s. 9; and
fered ready money to debtors who could sgive se-  tit. 15. s. 1.)  They were stationed in the port
curity to the state for it.  Such an expediency  near Ostia, and were employed under thepraefectlls
weas devised by the state only in times of great  aneonae.   Their name is mentioned in various
distress.  Thee first tine that mienssarii (qttieqrciri  ancient inscrihptions.           [L. S.]
lmousaerii) we:ee appointed was ini 352 a. c., at the    MENSU'RA  (.l.Epov), cmeasure, in its widest




MENSURA.                                              MENSURA.                     751
aense, signifies the application of number to quan-  the unit of capacity, as the unit of weight.  Or
tity; or, to speak more specifically, the comparison  we may take a bulk of any substance, without
of different quantities by means of the standard of measuring it, as the unit of weight.  In the latter
number.   So long as we regard quantity apart case it is evident that, by measuring the solid confrom number, we can only compare two quantities  tent either of the unit of weight, or of an equal
by the test of coincidence, by which we ascertain  weight of some other substance, we might derive
whether they are equal or unequal, and, if the  from  our system  of weights a system of measures,
latter, which of the two is the greater; as, for in-  first, of capacity, and thence of surface, and thence
stance, in the case of two lines.  The next step is  of linear distance; just as by the opposite process
the comparison of one magnitude with certain de-  we pass from  the line to the surface, thence to
finite parts, or multiples, of the other, its half or  capacity, and thence to weight.
double, third or triple, and so forth.  The last    The statement of these elementary principles, in
step, by which we attain to a complete method of as brief a form as is consistent with clearness, has
expressing magnitude numerically, is the choice of  appeared necessary, in order to the complete unsome fixed magnitude, or UNIT, with which we  derstanding of the metrical systems of the Greeks
may compare all other magnitudes of the saee kind, and Romans, the explanation of which is the object
so as to ascertain what multiple, part, or parts  of this article.
of the unit each of them  is, if they are commen-                    i  Oii   fsue.
surable, and, if not, as nearly as we please.  Thus                        h  fi s         es
the unit, in itself, or in its parts, forms a M11easure of. OLenth.-The first step in the constructio
all magnitudes of the same kind as itself. of a metrical system is obviously that of fixing upon
all magnitudes of the same kind as itself. A set
the unit of length; and nature itself suggests the
of fixed measures, one for each kind of quantity,,
of fixed measubres, ose form each kind of qantSsty   choice, for this purpose, of some familiar object, of
ith their subdivisions, forms a  etiE  yste  nearly uniform  length, and which is constantly at
The notions which lie at the foundation of ma-  hand to be referred to. These conditionsare ffilled
thematical and mechanical science determine of by various parts of the human body; from which
themselves the foundation of every metrical system. accordingly  we find that not only  tse uiit of
Those notions are Extension and Force; the former
length, but all the measures of length, except
hn its various kinds, the line, the scr/fice, the solid, those which are too smll  or too large to be 
those which are too small or too large to be moenand the angle;- the latter in that manifestation of                                        1
and te   le  the latter in that manifsttion of sured by parts of the body, are derived in every
it which we call sutjght.   Now, since extension, metrical system, except the latest formed of all,
whether linear, superficial, or solid, can be esti-  the modern French system, which is founded on the
mated by means of one straight line; or by means           urement   of the earth.        support of t
of two straight lines which form a fixed angle withmasretoft                  ath     Inuprtf th
one another, and wich,   together with two oth general statement now made we have, besides the
one another, and which, together with two other
antecedent argument from  the nature of the case,
lines drawn parallel to them, enclose a surface; or te   et              f r       the nae  of the
tetestimony of all writers, the  names of the
by means of three straight lines, the planes passing   n    es  amd the general agreement   of thei
through which form  a fixed solid angle, and, to-les wt    the p             r           of theb
lengths  with the parts of the body whose names
gether with three other planes drawn parallel to  they bear.  (Ren. It. vi. 319, xv. 678, Od. xi
them, form a solid:- -it follows that all these three  310    Vitruv. iii.  1. ~ 2-9, with Schneider's
k]inds of magnitude may be estimated nsuneiica"lly  Notes; Hero, CGeos. in Anal. Graec. Paris, 1688,
by  fixing upon units which  are respectively a  vol. i. p   30-315, 38; Diog. Lat.  x. 51;
n                                ~~~~~~~~~vol. i. pp. 308-315, 388; Diet. Lab'rt. ix. 51;
straight line, a parallelogram  having two adjacent  Ukert,  o..   ec..   li.  vol      t 2
J   Ukert, Geog. d. Griech. u. It6m. vol. i. pt. 2,
sidsadaa ngle fixed, and a parallelepiped
sides aid an  angle  fixed, and a parahlelopiped   p. 54.)  The chief of such measures, with their
having three adjacent edges and an angle fixed;  Greek and Roman names, are the followisg: the
or, simplifying the two latter cases by making the  breadth  of afilger (8dcrAsos, dcqites) or t/nsi
fixed sides equal and the fixed angles right angles, (polltx); the breadth of the hand, orpalin (?athe units are (1) a strailgt line of fixed length,  Aa                    te,  that is the distance
(2) the square of' which that straigit line is c side,  from    poatsos); the spun, that is, the distance
t   e is a side,  from  the tip of the thumb to the tip of the little
mnd (3) th~e cube of' whichb that line is the edge. f
aid (3) te ce of cic/  imt line is te  eg.   finger, when  spread  out as wide as  possible
Thus we obtain a metrical system for length, su:fice, (o7riau'i); the length of the fot (wons, Pes)
(aJd capacityj.                                                                         A
Fo4    h    eaueetofad canpacity,, orthe cubit, or distance from the elbow to the tip of
For the measurement of nlar  iitc,  or, the middle finger (srlXvs, cibcites); a step (P5tma,
which is the same thing, of distance reckoned along  geades); a double step, or ace (posses); and the
thie circumference of a circle, one unit is su icient, distance from  extremity to extremity of the outnamely, a fixed angle, which will exactly measure  stretched arms (dpTmid).   With reference to the
thie sum of four right angles, or a fixed are of a  lst two measures,   t  ill be observe   tht the
fixed circle, which will exactly measure the cir-                          i w       eved tha  e
Romsans derived them  from the legs, the Greeks
cumference  of'the circle. Th'lus  we obta~in-   a me1ferenee of'thcicle T seoti             from the arms, the passus being one foot shorter
trical systenifor all  anuar    afide   s,ic~dl
inical  syuste for all ngluia  sscagsitudcs, incluclui'g  than   the dpyvmd of the other, and the former (5 feet)
Againi   ihepetto rc fw     tetetbelonging  to the decimal system, the latter (6 feet)
Again, with respect to Fosce, of which the test to the duodecimal. The higher measures of
to the  duodecim-al.   The  higher measures of
is weieglt, since all forces may be compared, either  length will be referred to presently.  Cop. Poldirectly, or through the calculation of the velocities  lux. 157,  158who also mentions some  ess
n                              I~~~~~~~lx ii. 157, 1158; who also mentions some less
which they produce, with the force of gravity.  iportant   measures; namely, the                   or 
There are two ways of estimating weight.  Either  rv tan  meas or   esov, which was the same as the
TrVodXoSsx7 or bmlpom,, which was the same as the
its measure may be deduced from the measure of raj    the  p p,  or the length of t
y                           7~~~~~~~~racUtffTr; the 5'pOo~opoy,, or the length of the
capacity; for, as the weight of a body depends on
tile quantity of matter in a given space, estimated' This measure was not in the Roman system.
by the effect which the force of gravity exerts upon  When they wished to express the Greek  span,
it, we may take the quantity of a fixed kind of the proper word was dodlras, that is, three quumatter (water for example) which will exactly fill ters (of the foot).




752              AMENSURA.                                           MENSITRA.
whole hand from the wrist to the tips of the fin.l tiples of a foot, yet it is obvious that convex
gers: the XlXds or distance firom  the tip of the  nience would demand higher denominatiols, one
thumb to the tip of the forefinger (XLXavo's) when  of which  would  be regarded  as a new  unit.
extended, the lesser span; the 7r6-wov and  7rwyju   Nay, these  higher measures may be viewed,
were modifications of the 7r7Xus, the 7royws being  with respect to their origin, as in some sense intlhe distance from  the elbow to the fingers when  dependent of those smaller measures, with which
beet, that is, to the knuckle joints, the 7ruyu/ from  they were afterwards made to agree.  For, just as
the fingers when shut, that is, to the joints at their  we have seen that the smaller measures of length
base. Other writers mention the cdv3vuAos, knuckle, are taken from  natural objects, so we shall find
as equal to two  T'cKruAXo.                        that, at an early period, the larger measures were
In practical use, such a system  as this is suffi- not derived artificially from the smaller, but were
cient for many ordinary purposes, and every one is  taken from distances which occur in nature and in
familiar with examples of the use of such mea- ordinary life.  Thus, Homer expresses distances
sures in their plain physical sense.  But, to make  by the cast of a stone (II. ii. 12; and so even il
a system definite, two things are required; nlamely, later times, Thuc. v. 65, Polyb. v. 6), of a quoit
to fix upon a precise invariable standard for the  (II. xxiii. 431), and of a spear (11. x. 357, xv. 358,
unit, or principal measure in the system, for which  xxiii. 529), and by the still more indefinite descripthe foot was naturally chosen; and, secondly, to  tion, " as far as a man is heard clearly when he
determine the precise relations which the several shouts" (Od. vi. 294, v. 400, et alib.), and again
measures bear to the foot and to one another. The  by a standard derived from agriculture, which it is
former of these points we reserve for the present, important to notice in comparison with the Romlall
mnerely observing that the foot in each system was actzs (I. x. 352; see below.) Of still longer distances
not velyfsr from ours; the latter was accomplished  time was made the measure; the journey of a day,
according to the followilng system, which will be  or of a day and night, on foot, with a horse, or with
found to express, not only the relations actually  a ship; a system too frequently employed now, as
adopted by the Greeks and Romans, but also very  weli as in ancient times, to need the citation of exsearly those which really exist between the parts  amples for its illustration.  (Comp. Ukert, Geog.
in a well-made man, especially according to the d. Griech. u. RmTn. vol. i. pt. 2, pp. 54, 55.)  The
standard of the Ronman foot.  It is worth while  system of measurement by stations or posts should
also to observe the general accordance, which re- probably be referred to this head, as it is most
sults from this method of invention, between the  likely that such distances would be fixed according
metrical systems of all nations.                  to the strength of man or horse before the trouble
The Greek and Roman systems are identical in  was taken actually to measure them out. Another
their modes of connecting the measures which are  plan was that which IHerodotus several times adopts,
common to the two; but, to avoid confusion, they  and which is also familiar to all ages, the descripare exhibited separately.                          tion of one distance by comparing it with another,
1. In the Greek system  which was well known.  It is true that in many
4 digits.make. a pam.                     cases this method is evidently only general and ill.
3 palms.   ". a span.                  definite, as when Herodotus describes the length
4 palms.   ". a foot.                   of the Nile as equal to that of the Danube, but
1- spans.   "         a foot.                there are other cases in which the method wvas
2 spans.   ". a cubit.                  definite; and especially one case, in which it
l I feet..  a cubit.               actually formed the foundation of the common sys2o feet. a step.                 tern of itinerary measures among the Greeks.  We
4 cubits.   c'.  an opyTnd orfjeblthlose.*  refer, of course, to the length of' the Olympic f. ot6 feet.   "        an rpyv  or fathom.'rce-con'sse, or STAnDIU, after which all the other
2. In the Romass system  -                   Greek stadia were measured out, and which thus
4 digits.. make           a palnm.       formed a universally familiar standard of reference
4 palms.   ".. a foot.           for itinerary measurements. WThether the Olympic
1I feet          i. a cubit.        stadium was originally measured out precisely equal
2l feet    cc                a step.        to 600 feet, or whether, having been accidentally
5 feet..                    se a pace.   (or at least loosely) assumed, it was found to be so
nearly equal to 600 feet, that the measure derived
It will be observed that in this account of the  from it was taken at exactly 600 feet, it is now imGreek and Roman systems nothing has been said  possible to determine.  WVe think the latter more
of the iech.  It was not a measure derived from  probable; but, whichever may be the truth, the
the human body, but a subdivision which the  point now insisted upon is not affected, namely,
Romans made of their foot, as they were accus- that when an early Greek writer expressed a distolned to subdivide any unit whatsoever, according  tance in stadia, he did not mean to suggest to his
to the analogy of the uncial division of the As. readers the idea of so mlany times 600 feet, but of
A smore complete view of the Greek and Roman  so many times the length of the actual objective
measures of length, with their values, reduced to  Olympic stadium, with which they were all familiar.
our system, will be found in the Tables appended  The corresponding feature in the Roman system
to this work.                                      firnishes an interesting illustration of the differences
2. Itinerary Measzses. -  For the higher mea- of national character.  The military notions, which
sures of length, although the continuity of the  lie at the basis of so many of their institutions, are
systema was preserved by maaking them exact mul- at once recognised in their maile, the thousand paces
of a foot-march.
-s This word is used as beino about the ualzue of    3. Lcand lMeeasur'es. -  Another distinct source
the measure, for want of an English word to ex- of the greater measures of length is to be found
press its metsinzg.                                in the necessity which arises at an early period in




MENSURA.                                           MIENSUlRA.                  7 3
every civilised community for determiniing the  applied, the square of the decempReda (or 100
boundaries of land.  Herodotus (ii. 109) men-  square feet) being its scrupulunt or 208th part.
tions a tradition, which assigned the invention  Also 36 scrpspula made one clima, and 4 climata
of geometry to such a necessity which arose in  one actus qluadratts.  In the longitudinal actus of
Egypt in the reign of Sesostris.  Qf course this  120 feet, the oblong actus of 120 x 4 (or 480),
tradition is now referred to merely as an illustra. square feet, and the actus quadrLaits, with its
tion, not as expressing an historical fact.  As in  double the jueerum, we also see the connection of
the other cases, the origin of the systeml lies far the duodecimal system with the decimal.
back beyond the reach of history; and all that cam    In the corresponding part of the Greek systen,
be done is to trace, with some probability, its suc-  the wrhAEOpov answvers to the actus, but with just
cessive steps, as indicated by the nature of the  the difference between the decimal and duodecicase, by the names of the measures, and by the  mal systems.  As a measure of length, it is 100
statements of anclent writers.  Here too, as in the  feet (10 x 10 instead of 12 x 10); and as a meaitinerary distances, the original unlit of the system   sure of surface, it is the square of 100, or 10,000
was probably not a specific number of feet, but square feet.  The apoupa was the quarter of it,
some natural quantity, which was afterwards brought  that is, 2500  square feet, or the square of 50
into accordance with the standard of the smaller feet.  A  measuring rod of 10 feet, achaaLos, apmeasures.  Also it is to be observed, that these  pears also in the Greek system, and of this the
measures are, from the nature of the case, measures  rAx'Opov was the square.  Also, 6 leahanoi or 10
of surface, although in practice they were often  GpyoLat or 40 ar'XeLs made one 61utya or chain.
used merely as measures of length.  The precise  This system  was connected with  the itinerary
fact seems to be that the first natural measure of measures by reckoning 6 pethras or 100 dpy7ati
the sort was one of a considerable length and a very  to the stadium.  (Ilerod. ii. 149.)   For a cormmloderate breadth; that then, this measure came  plete view of the Greek and Roman measures of
to be used as a measure of length alone; and then, length and surface, see the Tables; and, respectfor the measure of surface connected with it, they  ing the Roman land measures, compare ACTUS,
did not revert to the original narrow strip, but took  AGcIUxENSORES, DECE.IPEDA, JUERUaI, and
the square of its length.  This seems to follow  Niebuhr's Essay On the Roman1c lo de of' laarfrom what the ancient wvriters tell tus of tile (cltzs, tifiouig Landed  l'rop.erty, History of' Romze, vol.
which was the base of the Roman system  of land  ii. app. i.
measures, amd which is thus defined by Pliny:    4. Aleasures of Capacity. - The measures of
Achlis vocabtour ti quLO  ores agerentur ctu  aratro  capacity seem to have been arranged on a similar
uro implettL justo (lI. N. xviii. 3); by which he  principle to those already noticed; that is, they
seems to mean the distance which a yoke of oxen  were not derived by a definite process of calcucould draw a plough at one effort, that is, a sizn/le  lation firon  the measures of length, but were orij'/urra o: this, he adds, is 120 feet in length.  So  ginally nothing nmore than the names of different
also Homer (II. x. 351, 352) describes a distance  sized vessels of no very definite capacity, which,
as beingm "as far as are the furrows of mules."  We  when the metrical system came to be definitively
have, as analogous measures, the versZus, or length  constituted, were brought into harmony, on the
of a furrow before the plough was turned, by which,  one hand with the measures of length, on the
Varro tells us (R. R. i. 10), they measured in Cam-  other with those of weight.
pania, the jucguq   (yoke of oxen) by which, he says,    The question still remains, which of the three
they measured in further Spain, and the Greek  kinds of measures was the one first constructed,
iipovpa, a filwrovw; though the jugoum was perhaps  and the one from which the others were derived.
never anly thing else but a measure of surfmace, for
it is defined as the quantity of land which a yoke         c                   d   Rosn   easue
of oxen could plough in a day.  Even with respect                      desiced 
to the actus itself, a doubt as to its origin is sug-    In all that we  have said about the origin of
gested by the use of the word in Roman law for measures of length, it has neither been stated
the right of driving cattle through a field (Cic. p. ilor implied that these measures, as definitely fiared
C'aeci2. 26), and also for the path reserved between   y t/he precise determinaction    of their unit, were obhfields for the passage of cattle (Dig.) just as we  tained in the manner and order that has been dealso use the word drove.  Possibly, in the actzus, as  scribed.  All that has been said may be true, as
determined in length at 120 feet, amid in width at  we believe it is, and yet the question, WVHAT was
4, we may have both senses of the word combined. thefoot, and WHENCE was it derived, still remains
The length of this actus, squared, gave the actsis  unanswered.  To this question we now proceed.
quadrcatms of 14,400 square feet, *vwhich, with its    Our limits quite forbid the full discussion of the
double, the jtzerum of 28,800 square feet, formed  various opinions which have been put forward on
the base of the Roman system  of land measures.  this subject, or even the elaborate development
Twojugera, which, according to Varro (I. c.), formed  of that view which we believe to be the' correct
originally the birth-right of every Roman citizen, one; and which is, in the mainl, that which has
were thence called herediumz; 100 heredia made a  been put forward by Bickh in his very careful
centuria of 5,760,000 square feet, or the square of and learned work entitled, Metroloyisc/re Untersu2400; 4 centzriae. arranged as a square, made a  chungen iiber Gewichte, Miinzfiisse und lMasse des
saltus.  In this system, the smallest subdivision, Altertlhums in ihremo Zusammen/hange, Berlin, 1838,
and that which connected the system  with the  8vo., and to the principal points in which Mir.
foot, was the area of 100 square feet, or the square  Grote assents, in his review of Bickh's work hi
of ten feet, which was the length of the pole [Dse. the Classical Mluseoum for 1844, vol. i. p. 1.  The
CEMPEDA; PaiRTICA]   used in measuring land. To  two chief questions involved in the discussion are
thejlgceru22, which gradually superseded the acus  these:- 1. Whence were the Greek and Romper
as the unit of the system5 the uncial division was  metrical systems derived?  2. In each of those
3c




MENRA. MENSURA.                                                      MENSURA.
sy stemsx which of the three kinds of measure' and curiously similar in Asia, in Egypt, and in
formed the foundation, from  which the other two  Greece.  But he has not, I think, made out the
were deduced, length, capacity, or weight?         like with regard to the Grecian mleasures, eithli
On the first of these questions our space allows  of length or capacity, and his proof of the ratio
us to do little more than refer the reader to Bickh's of 3: 2 between tle Babylonian and the Grecican
elaborate exposition of the opinion, in which few  foot will befound altogether defective.  Nor has he
competent readers of his work will fail to coin- produced adequate evidence to demonstrate, either
cide, that the basis of the Greek and Roman?ne- the ratio of 10: 9 between the Grecian or Aegitr-ical systems was that w7hich had prevailed from   netan pound and the Roman pound, or that of: 2
very early times among the Chaldaeans at Babylon, between the Aeginetan pound and the Aeginetan
from  which or from  some common original the  mina; the ratio between the Grecian cubic foot and
Egyptians derived. their metrical system; and  the Roman  cubic foot, too, as also that between the
which was carried by the commerce of the Phoe-  Greciac  cubic foot and any given Grecian weight,
nicians into Greece, whence it passed over into  is, as he proposes it, inadm7issible.  In fact, there
Italy.  On the second question, his researches, as is no such thing (properly speaking), as an Aegi-well as the arguments of other writers, may safely  netan pound weight: nor is there any fixed normal
be said to have established the position  that relation between Grecian woeight and Grecian meaweights were determined before measures, and that sures, either of length or of capacity, though there is
mseasures were derived fromn we'ights.             a fixed normal relation between, Babylonian sceight
It will be convenient here to give Bi6ckh's own  and Babylonian sneasures, as also between Romant
compendium of the main results which he under- wceight and Romean measures."  (Ibid. pp. 4, 5: we
takes to establish, with Mr. Grote's statement of have introduced the italics to call the reader's atthe points in which he differs from Biickh.  We  tention to the chief points in which Mr. Grote
adopt Mr. Grote's translation of the passage, only  agrees with, and differs fiom, M. Bickh).
substitutingAeginetan for 4egiznean. "If" (Bickh    These extracts furnish a pretty good idea of the
says, iii. 4. p. 26) "we regard this relation of the  present position of ancient metrical science.  It is
weights and measures*, based upon a given weight impossible here to discuss the points at issue beof water, which is the key-stone of the Roman  tween these two great scholars; but we must resystem - and if we carry the application of this mark that, if Bickh has sometimes failed to observe
water-weight backwards to the chief measures of his own distinction between exact and approximate
the ancient world -  we shall find a. connection  ratios (see Grote, p. 2), and if he has erred through
really and truly organic between the systems of attempting to establish some ratios which are either
the different people of antiquity, and we shall fanciful or mere results of an over-strained calculaarrive at last at the fundamental unity (unit) of tion, or which are too strange to be true, -  Mr.
weight and measure in the Babylonian system;   Grote has also pressed the other side of the argluso that this supposition is found to be verified in  ment in a manner which, if sound, would prevent
all its consequences and details.  To give some  the establishment of any exact ratio between any
preliminary intimation of this -  I shall show that two systems, and, in stating that there is no fixed
the Grecian (or, more accurately, the Aeginetan) normal relation between Grecian tweight and Grecian
and the Roman pound are in the ratio of 10: 9; measuers, lie has put forward a proposition, which
the Aeginetan pound is half the Aeginetan mina;  he does not sufficiently sustain by proof, which is
but the cubical measures stood normally in the  very improbable in itself, and which is hardly conratio of the weights; and therefore the Grecian  sistent with the acknowledged derivation of the
cubic foot was to the Roman as 10: 9, and, as the  Greek weiwghts from the Babylonian; for it is very
Roman cubic foot weighs 80 pounds of rain-water, unlikely that the Greeks should have taken their
so also the Grecian cubic foot weighs 80 Grecian  wcei ghts and not their meastres from  the labyloor Aeginetan pounds, equal to 40 Aeginetan miinae.  nians, especially when it is remembered that the
The unity (unit) of weight (in Greece) however Roman systenl, which was probably derived from
is, not 40 minae, but 60 minae, or a talent.  In  the Greek, agreed with the Babylonian both in
the original institutions of the people of antiquity  cteiqhts acid nteaslcsres, and not only so, but also
everything has its reason, and we find scarcely  bore, in its measures of capacity, a definite ratio
anything purely arbitrary: nevertheless, this unity  to the Greek; and, moreover, there appears to be
(unit) of weight, the talent, does not coincide with  the samne inconsistency in the attempt to disconnect
the unity of measure-neither with the cubic foot, the Greek and Roman xweights, while admitting
nor with any other specific cubical denomination.  the derivation of both from the Babylonian.  Be
But the coincidence reveals itself at once, as soon  this as it may, we have no hesitation in affirming
as we discover that the Babylonian cubic foot, that the researches of Buckh are so important, that
standing as it does in the ratio of 3: 2 to the  they must be regarded tas the starting-point of all
Grecian+ cubic foot, weighs 60 Aeginetan minaeI future investigations into the subject.  The fact
(  60 Babylonian minae - 1 Babylonian talent) also deserves notice, that several of Bhickh's conof -rain-water."  (Class. Alns. vol. i. p. 4.)     clusions, which Mr. Grote questions as exact and
Upon this Mr. Grote remarks: " I. Bockh here  designed ratios, are admitted by him  to lie very
promises more than his volume will be found to  near the truth; and they may therefore, at all
realise.  le does, indeed, satisfccstosriy show that events, be usefil. to us for the purpose of assisting
the Babylonian talcet was identicalt with, canid  eas the memory.  The rest of this part of the subject,'the original prototype o1; the A eyinetanc talent, and  so far at least as our space permits us to notice it,
that the standard and scale of weight was strikingly  will be found under PONDERA.
The question still remains, hlow to determinle the: Namely, that between the Roman pound and  Greek acnd Romanc  measmures in terms of our owxn,
th3 Roman acsphora or quadrantal.                  which can be done, without reference to the doublt.
~ By a curious misprint, Mr. Grote has Gesrccan. I ful points involv-ed in the foregoing discussion.




AMENSURA.                                          MENSURA;                    755
Ploklm. G'eog. i. 17.)  Allowance must also be'III. Determsnation of' the Greek cnrd Rloman   made for the windings of the coast, the diflficulAlecasurles.                   ties of the navigation, the currents of the sea,
1. lMeasures of length. -  Before we can attempt the varying skill of the seamen, and other circumto fix the Greek and Roman foot, we must examine  stances.
the question, whether the former people (for no    A day's journey by land was reckoned at 200
one pretends it of the latter) had different standards  or 180 stadia (Herod. iv. 101; Pausan. x. 33;
of length. We think that Ukert has satisfictorily  Ptol. i. 9), or for an army 150 stadia.  (Herod. v.
shown that they had not di#e}rent standards, zbt 53, 54.)  And here also delays would often occur.
always used the Oly7mpiac stadiumc and the fbot cow- The ancients themselves differ widely in their acresponding to it. (Ukert, Ueber die Alrt der Griechen  counlts of distances, not only as compared with the
neld Mirner die Eztffirnungen -zz bestiU)nen, z1ad  true distances, but with one another, a fact which
iiber das Stadiuni, Weimar, 1813, 8vo.; G*eoq. d. the theory of a separate itinerary stade cannot acGriech. u. Ri;mner, vol. i. pt. 2. pp. 55, &c.)  It is  count for, but which is a natural result of their
only possible here to give a brief statement of the  mode of reckooning, as explained above.
argument.                                             The following testimonies are advanced in supIt has been supposed by some authors that there  port of the view. of different stadia.  Censorinus,
were other stadia in use in Greece besides the  who lived in the time of Alexander Severus, after
Olvmnic.  The most ancient writers ilever either speaking of the  astronomical measurements of
say or hint at such.a thing: but when we compare  Eratostihenes and Pythagoras, says that by the
the distances between places, as stated by them  stadium  used iii them  we must understand "the
in stadia, with the real distances, they are found  stadium  which is called Italic, of 625 feet, for
almost iin-ariably too great if estimlated by the  there are others besides this, of different lengths,
Olympic stadium, never too small.   Hence the  as the Olympic, which consists of 600 feet, and
conclusion has been drawni, that the Greeks used  the Pythian, of 1000."  (De Die Natali, c. 13.)
for itinerary measurements a stade much smaller  This passage is evidently a complication of blurnthan the Olympic.  Major Rennell, who analyses  ders.  The "Italit stadium," unkunown elsewhere,
several of these statements, gives 505k feet for the  is manifestly the same as the Olympic, but reckoned
value of the itinerary stade. (Geography of Hero-  in Roman feet, of which it contained 625.  The
dotus, sec. 2.)  It is, however, scarcely credible  " Olympic of 600 feet " is the same in Greek feet.
that these authors, some of whom expressly inform   The value given. for the Pythian stadium is clearly
us that the stade contained 600 feet, should reckon  wron, for the Olympic race-course was the longest
distances by another stade, without giving any in-  in Greece (as appears from the passage of Gellius
timationi of the fact; especially as they usually  quoted below), and besides Censorinus obviously
wavrn their readers when they speak of measures  confounds the extreme length of the race collrses
differing from the common standard. (HIerod. ii. 3, with the portion of them mneasured out for the
17, 89, 95; Plin. II N. vi. 26. s. 30.)  T'he reaI  race, the same iame, stadin2n, being applied to
cause of tIhe excess in the itinerary distances of both; for it is very possible that the former
the Greeks is explained by Ukert ill a way whichl were of diffirent lengths, though the latter never
seems decisive of the question.  The mllost ancient varied.
mode of reckoning distances among the Greeks, as    Aults Gellius (i. i) quotes from Plutarch to the
among most other nations, was by the number of effect that Hercules measured out the stadium at
days required to perform the jourille.    h'\lell the  Olympia withl his onh feet, making it 600 feet
stadium was brought into use, the distances were  long; and that whei afterwards other stadia were
still computed by days' journeys, buht transferred  established in Greece, containing the same number
into stadia by reckoning a certain number of stadia  of feet, these were shorter than the Olypmpic in the
to a day's Journey.  (Herod. iv. 85, 86.)  It is  proportion by which the foot of Hercules exceeded
evident that nearly all the distances given by the  that of other menl.  But whatever there is of truth
ancient Greek writers were computed, ssot reasured.  in this story is probably tIe obscure remnant of
The uncertainties attending  this mode of compu-  an ancient tradition respecting the existence of a
tation are obvious, and it is equally obvious that, standard of length greater than the common one,
as a general rule, the results would be above the  at some distant period: a matter which will be
truth.  At sea the calculation was made accordingr  presently referred to.
to the number of stadia which could be sailed over    Attempts have been made, especially by Rome
in a day by a good ship, in good order, and with a  de l'Isle and Gosselin, to prove the existence and
fair wind.  Any failure in these conditions (and  to determine the lengths of different stadia from
some such there must alwvays have been) would  tile different lengths assigned by ancient writers to
increase the number of days' sail, and therefore the  a great circle of the earth.  But surely it is far
calculated distance when reduced to stadia.  Si-  more just and reasonable to take these different
milarly by land a day's journey was reckoned  values as a proof (among various others) that the
equal to the number of stadia which a good tra-  ancients did not know the real length of a great
yeller (&v'Vip e uwtvos) could perform in a day, which  circle, than, first assuming that they had such
for obvious reasons would generally exceed the  knowledge, to explain theim as referring to different
space passed over under ordinary circumstances.  standards.
Even the Greeks themselves are not agreed as to       On the whole, therefore, there seems no reason
the number of stadia in a day's journey.  Ilero-  to suppose that different stadia existed before the
dotus (iv. 86) gives 700 statdia for the voyage of third century of the Christian aera.
a sailing ship by day, 600 by night.  Most conm-    From  this period, however, we do find varieties
muonly 1000 stadia were reckoned as a 24 hours' of the stade, the chief of which are those of 7 and
voyage, but under unfavourable  circumstances  7. to the Roman mile.  (Wa1urm, de Pond. &c.
scarcely 500 were performed.  (Marin. Tyr. op.  ~ 58.)
ac 2:




756              MENSSURA.                                        MENSURA.The followinb table of supposed varieties of the    2. The itinerary measurements are of two kinds,
stadium is from lHussey's Ancient W-rihts, s{c.  according as they are obtained by measuring  the
distance from one place to another, or the distance
~S           ~ade assigned to Arirsto-  Ii. from one mile-stone to another on a Roman road.
S:ade   assigned  t o Aro-109   1    26992  Both ilethods have the advantage of the diminutle earth's surface   -                         ion of error which always results from determining
Mean geographical stide -)                       a lesser magnitude from a greater, but both are
comllputed  by  Madsjor 9   168   1   6        subject to uncertainty from turnings in the road,
Riennmell -    -    - J                        and from  the improbability of the mile-stones
Olyvmpic  Stnae   --    -   202   O   9          having been laid down with minute accuracy; and
Stade of 7L to the 10Ro-b1          2   24       two other serious objections apply to the former
mann mcle-     e - -      215   2   2.4        mode, namely, the difficulty of determining the
Stade of 7 to the Roman                          points where the measurement began and ended,
mile of 7   to the Roman  231         5124    and the changes which may have taken place in
the direction of the road.  Both methods, howBut, although the stadiumo and the foot connected  ever, have been tried; the former by Cassini, who
with it were single definite measures throughout measured the distance from Nimes to Narbonne,
Greece, yet we find, in the Eastern countries, and by Riecioli and Grimaldi, who measured that
Babylon, Syria, and Egypt, and in some neigh- between Modena and Bologna, and the latter by
bouring Greek states, feet longer than the Olympic  Cassini, between Aix and Arles.
(not shorter, as Rennell's itinerary stadium would    3. The measurement of buildings is rather a
require), the origin of which is to be explained by  verification of the value of the foot as obtained from
the co-existence, in the Babylonian system, of a  other sources than an independent evidence.  It
royal or sacred and a comnson, foot and cubit, which  very seldom happens that we know the number of
were so related to one another that thle royalc zubit ancient feet contained in the building measured.
was three finger-breadths longer than the coMsnzoso. We have one such example in the Parthenon,
(Herod. i. 178: see further under PES.)          which was called Hecatompedon (hundred-footed,
In proceeding to determine the Greek and Roman  Plutarch, Pericl. 13, Cato,.5) from  the widths
foot, the most convenient plan is first to fix the  of its front; but even in this case we cannot tell
latter, and then to derive the former frome it.  exactly, till we know something of the length of
I. Tie Romnan foot.  There are five different the Greek foot, to what precise part of the front
ways of determining the length of the Roman foot. this me asrreneLat applies.  Again, there is the
These are, 1. From ancient measures still ill ex-  obelisk in the Piazza del Popolo at Rome, and the
istence, including feet laid down on sepulchral  Flaminian  obelisk, the heights of which are given
monumients, and foot rules found in the ruins of by Pliny (LI. N. xxxvi. 9. s. 14).  But the actual
various cities of the Roman empire; 2. From   heights of these obelisks, as compared with Pliny,
measurements of known distances along roads, both  would give a value for the foot altogether different
between mlil~ stones and between places; 3. From  from that obtained froml  other sources.  Indeed
measurements of buildings and obelisks; 4. From  the numbers in Pliny are undoubtedly corrupt, and,
the contents of certain measures of capacity; and 5. as they stand, it is only the deferfence of height
From measurements of a degree on the earth's sur-  between the two that can be of any service, and
face. (For a full historical account of these systems, even this gives a result by no means satisfactory.
see the treatises of Wurm, Hussey, and Bickh.)    An ingenious emendation by Stuart would remove
1. It might appear, at first thoughts, that an-  the difficulty; but it is obvious that a passage
cient measures in actual existence would at on~ce  which requires a conjectural emendation camlnot be
give the required information.  But these mea-  taken as an independent authority.  There is
sures are found to differ among themselves.  They  another nmode of dedtcing the value of the foot from
are of two kinds, foot-measures cut upon grave-  buildings, of the dimensions of which we have nlo
stones, and brass or iron measures intended in  information.  The building is measured, and the
all probability for actual use.  From the nature  length thus obtained is divided by the supposed
of the case the latter would probably be more  value of the ancient foot (as derived from other
exact than the former, and in fact the measures on  evidence), and if a remainder be left, this value of
the grave-stones are rudely cut, and their sub- the foot is corrected so that there may be no redivisions are of unequal length, so that they save  mainder.  It is assumed in this process that no
no pretensions to minute accuracy; but on the  fractions of feet were allowed in the dimensions
other hand, it would be absurd to suppose that of the building) and also that the plans were worked
they'would have been made very far wrong.  We  out with the most minute exactness, both of which
may safely conclude that they would have about assumptions are not very probable.  In fact these
as much accuracy as a measure hastily cut on  measurements have given different values for the
stone by a mason from the foot-rule used by him  foot.  " Modern architects," says Mr. Hussey, " do
in llworking.  Four such measures are preserved in  not allow that such calculations could be depended
the capitol at Rome.  They are called the Statilian, on in modern buildings, for determining the true
Cossutian, Aebutian, and Capponian feet.  They  length of the measures by which they were planned.
have been repeatedly measured, but unfortunately  Nor are the dimensions of the parts of buildings
the different measurements gave different results. of the middle ages in our own country, as Gothic
The brass and iron foot-rlfles, of which seveial churches and cathedrals, found to agree exactly, so
exist, do not precisely agree in length.  There was  as to give whole numbers of the standard measure."
anciently a standard foot-measure kept in the  On the other hand, these measurements, like those
capitol, called the pes  zonetaltis, which was pro- on roads, have the advantage of involving, in all
bably lost at the burning of the capitol tinder probability,  very small errors, and of the dininaVitellius or Titus.                              tion of the error by division..




MENSURA.                                         MENSURA. MESURA.
4. Villalpando and Eisenschmidt have attempted  by Domitian in a careless manner.  Both the fact
to deduce the length of the Roman foot from the  and the explanation, however, appear to be very
solid content of the congius of Vespasian. [CON- donbtful.
GIus.]  Since the congius was the eighth of the    II. The Greek foot.  WVe have no ancient meaamphora, and the content of the amphora was a sures by which to determine the length of the
cubic foot [QUADRANTAL], the process is to mul- Greek foot; but we have the general testimony of
tiply the content of the congius by 8, and extract ancient writers that it was to the Roman in the ratio
the cube root of the product.  But this process is of 25: 24.  The Greek stadium, which contained
very uncertain.  First, there is a doubt about the  600 Greek feet, is said by Roman writers to con..
content of the congius itself [PONDERA], then it is tain 625 Roman feet  and also a Roman mile, or
hardly to be supposed that the content of the con- 5000 feet, was reckoned equal to 8 Greek stadia,
gins was actually adapted with perfect accuracy to  or 4800 feet; both of these calculations give the
the length of the foot, and last'y, there is a filrther above ratio of 25: 24.  (Plin. H. N. ii. 23. s. 21,
risk of error in reversing this process.         108. s. 112; Colum. v. 1; Polyb. iii. 39; Strab.
5. Some French geographers, and especially M. vii. p. 322.)  If therefore the Roman foot was
Gosselin, have supposed that the ancient astrono-'9708 of the English, the Greek foot was equal to
mers were acquainted with the dimensions of a  1'01125 English feet, or 12'135 inches.
great circle of the earth, and that they founded    This value is confirmed by the measurement of
their whole system of nmeasures on the subdivisions  the Parthenon. "Stuart" (Antiq. Atli. ii. p. 8),
of such a circle.  The results of M. Gosselin's cal- says Mr. Hussey, "measured the upper step of the
culations agree well with those derived from other basement of the Parthenon, which is the platform
sources. But we need better evidence than this on which the pillars stand, and is exactly that part
agreement to convince us that both the Greeks and  of the building where we should expect that the
Romans, at a very early period, formed a system  measure would have been taken, if the name Hecaof measures on such scientific principles; and it is tompedon was really given it on account of the
incredible that, if such a system had really existed, dimensions.  He found the width of the front to
there should be no allusion to it in any of the an- be 101 feet 1"7 inches, the length of the side 227
cient geographers.                               feet 7'05 inches; and since these two quantities
The average values of the Roman foot, obtained  are very nearly in the ratio of 100 to 225, he infrom these various sources, in terms of the English  ferred that the two sides really contained these
foot, are the following:-                        two numbers of feet.  From this he calculated the
1. From ancient measures....   -971 8   value of the foot, from the front 12-137 inches,
2. From  itinerary measurements.. 90 12  from the side 12'138 inches: of which the greatest
3. From  measurements of buildings.  96994   exceeds the value given above by only'003 of an
4. From the congius                    91..32   inch."  Other measurements of the Parthenon
5. From the length of a degree.                and of other buildings at Athens tend to the same
result.
of which the first three are the most to be depended    Strabo, however (1. c.) quotes from  Polybils
on; and of those three the average is 9708, or a calculation which would make the Greek and
11i6496 inches or 11l 1496 inches; which we Roman foot equal, but it is perfectly clear that
may take as the probable value of the Roman foot. there is a mistake in this statement.  Plutarch
Cagnazzi, whose researches are said by Niebuhr again (. Gsracclh. 7) says expressly that the mile
to have placed the true value of the Roman foot is a little less thzan 8 stadia, which would give a
beyond a doubt (Hist. of Rome, ii. p. 407), gives it rather smaller ratio than that of 24: 25 for the ratio
a greater length than the above, namely'29624 of of the Roman to the Greek foot. It is on the authoa metre ='9722 of a foot: but this calculation is rity of this passage that Bdckh gives the value above
objected to by Bockh, as beung derived, by a pro- mentioned for the Roman foot.  If, according to
cess not perfectly true, from the value of the pound, the supposition already noticed, a slight diminuand as being confirmed only by one existing mea- tion took place in the Roman foot, this would
sure, and also as being at variance with the value account for the difference.  But perhaps we ought
of the Greek foot, obtained from  independent not to consider this solitary passage of aufficient
sources.  (AIetrolto. Untersuch. p. 197.)  13ickh's weight to influence the calculation.
own calculation, which agrees with that of Wurm,    As the general result, we may take the Greek
who follows Raper, gives a value very little less foot at 12-135 English inches, that is, rather more
than the above, namely  131-15 Paris lines =   than 1-10th of an inch greater than the English'9704649 of the English foot=  11-6456 inches. foot.  For the other measures see the Tables.
As the general result we may take the Roman    2. Aieasures of SSzerhce. - These are easily defoot at 11-65 inches, English, or, rather more than  rived from the measures of length. See the Tables.
o of an inch less than ours.  (The writer of an    3. Measures of Capacity. - The determination
excellent article  Weiqhts and lMeasupres in the  of the measures of capacity is so inseparably conPenny Cyclbpaoedia, gives 11-62 inches for the  nected with the question of the settlement of the
valiue of the Roman foot.  He also gives the fol. Greek and Roman weights, that it is better to
lowing rule as representing the ratio far within the speak of them under PONDERA, to which article
limits of probable error: - 61 English feet make also the reader is'referred for the literature of the
63 Roman feet.)  For the other measures of length  whole subject.
see the Tables.                                    4. Anzgular and Circu2lar Measures. - The chief,
Some have concluded from the measurements of and almhnost the only importance of this part of the
buildings that the foot was slightly reduced about subject is in its application to the measurement
the time of Domitian, which Wurm accounts for of circles and degrees on the earth's surface, and
by supposing that the pes monetalis, after being  to the measures of time, The former class eif
destroyed in the fire under Titus, was restored  measures will be treated of in the Dictiontarty 
3c3




;*58           -,IIIERCE Nl A RI.                                  MERCENARIT.
(rseek and Romanr Geogra!~/y. Respecting the men-  pay was igreatly promoted by the distribution of
sures of time, see ANNUS, HoRA, &C.   [P. S.]    Persian money among the belligerents. (Thucyd..
ME'NSTRUUM.  [SERVUS.]                           viii. 5,- 29, 45; Xenoph. IMellen. i. 5. ~ 3.)  At
ME'NUSIS (Pcdvo'Vs). [EccrLESIA, p. 443, a.]  the close of the Peloponnesian war, large numbers
MIERCENA'RII (pLecOw'Oroi, ALo000 poi, more  of men who had been accustomed to live by war
commonly 4E'vo), mercenary troops.  At an early  were thrown out of employment;  many were in:
period there was no such thing as a standing army, exile or discontented. with the state of things at
or mercenary force, in the Greek republics.  The  home; all such persons were eager to engage in a
former would have excited jealousy, lest it should  foreign service. Hence there arose in Greece a body
oppress the people, as the chosen band did at Argos  of men who made arms their profession, and cared
(Pausan. ii. 20. ~ 2; Thucyd. v. 81); and for the  little on which side they fought, provided there
latter there was rarely any occasion.  The citizens  were a suitable prospect of gaining distinction or
of every state formed a national militia for the  emolument.  Conon  engaged  mercenaries  with
defence of their country, and were bound to serve  Persian money. Agesilaus encouraged the practice,
for a certain period at their own expense, the  and the Spartans allowed the members of their
higher classes usually serving in the cavalry, or  confederacy to furnish money inlstead of men for
heavy-armed infantrsy the lower classes as light. the same purpose.  (Xenoph. Hlell. iii. 4. ~ 15, iv.
arined troops.  Foreigners were rarely employed; 3. ~ 15, v. 2. ~ 21.)  The Greeks who followed
the Carians, Cretans, and Arcadians, who served  Cyrus in his expedition against Artaxerxes, were
as mercenaries (Herod. i. 171; Pausan. iv. 8. ~ 3, mercenaries. (Xenoph. Asasb. i. 3. ~ 21.) So were
10. ~ 1, 19. ~ 4; Wxehsmuth,   -ell. Alterth. the famous peltastae of Chabrias and Iphicrates.
vol. i. pt. i. p. 30; Sch6mann,  Ant. jar. 1pztb. (Harpocr. s. v..eVYltcd, Ev Kopt'0T:  Aristoph.
Gr. p. 159), are an exception to the general rule. Pilnt. 173.)   The Phocians, under Philomelus,
In the Persian war we find a small number of Onomarchus, and Phayllus, carried on the sacred
Arcadians offering to serve under Xerxes (Herod. war by the aid of mercenaries, paid out of the treaviii. 26); and they seemed to have used them-  sures of the Delphian temple. (Diod. xvi. 30, &c.)
selves to such enmployment down to a much later  But higher pay and richer plunder were in general
period. (Xenophl. liellen. vii. 1. ~ 23; Schnmann, to be found in Asia, where the disturbed state of
Id. p. 409.)  The practice of maintaining a stand-  the empire created continued occasions for the sering force was introduced by the tyrants, who kept vices of Greek auxiliaries, whose superior discipline
guards and soldiers ii their pay (8opwvdpol, /uLo- and courage were felt and acknowledged by the
OopdSpo) to prevent insurrections of the people, Barbarians.   Even the Spartans sent their king
and preserve their influence abroad,  As it was  Agesilaus into Egypt, for the sake of obtaining
unsafe to trust arms in the hands of their own sub. Persian gold.  Afterwards we find a large body oi
jects, they usually employed foreigners.  (Thu-  Greeks serving under Darius against Alexander.
cyd. vi. 55; Diod. xi. 67, 72; Xenoph. Hier. v. It is proper here to notice thl  evil consequences
3.)  Hence, and because citizen soldiers used to  that resulted from this employment of mercenaries,
fight without pay, 5E'coL came to signify nmercen2aries. especially to Athens, which employed thenm more
(Harpoc. s. v. E17mEVruoLE'ouv.)  WVe must distin- than any other Greek state.  It might be expected
guish, however, between those who fought as niaxi- that the facility of hiring trained soldiers, whose
liaries, whether for pay or otherwise, under com- experience gave theni great advantages, would lead
nission from their own country, and those rwho  to the disuse of military service by the citizens.
did not. The former were E7rleovpom, not 4E'oi. Such was the case.  The Athenian citizens stayed
(Herod. i. 64, iii. 45, v. 63; Thiteyd. i. 60, ii. at home and became enervated and corrupted by
70, iii. 34, iv. 80.)  The terms  sevoi and  evlicd&  the love of ease and pleasure; while the conduct
implied that the troops were independent of, or of wars, carried on for their benefit, was entrusted
severed from, their own country.                   to men over whom they had little control.  Even
The first Grecian people who commenced the  the general, though commonly an Athenian, was
employment of mercenaries on a large scale, were  compelled frequently to comply with tile humours,
the Athenians.  While the tribute which they re- or follow the example of his troops.  To conciliate
ceived from the allies placed a considerable revenue  them, or to pay them  their arrears, he might be
at their disposal, the wars which their ambition  driven to commnit acts of plunder and outrage upon
led them into compelled them  to maintain a large  the friends and allies of Athens, which thus found
force, naval and military, which their own populla- enemies where she least expected.  It was not untion was unable to supply.  Hence they swelled  usual for the generals to engage in enterprises
their armies with foreigners.  Thucydides makes foreign to the purposes for which they were sent
the Corinthian ambassador at Sparta say, y~VT;17 out, and unconnected with the interests of their'h'A071ai'w  a8m'a4[ts. (i, 121.) They perceived also  country, whose resources they wasted, while they
tie advantage of employing men of different na-  sought their own advantage.  The expeditions of
tions in that service, for which from habit they  Chllabrias and Iphicrates to Egypt are examples of
were best qualified; as, for instance, Cretan archers this.  But the most signal example is the conduct
and slingers, Thracian peltastae.  (Thucyd. vi. 25, of the adventurer Charidemus.  Upon all these
vii. 27; Aristoph. Ac/marcn. 159.)  At the same  matters we may refer the reader more particularly
tine the practice of paying the citizens was intro-  to Demosthenes, whose comments upon the disasluced; a measure of Pericles, which was indeed  trous policy pursued by his countrymen were no
both just and unavoidable (for no man was bound  less just than they were wise and statesmanlike.
by law, or could be expected, to maintain himself (Demosth. Philip. i. p. 46, c. Aristocr. pp. 666,
/br a lo1g eampaign); but which tended to efface  671; rEpl T'oD aTeq. rT; -rpnp. p. 1232, &c. 
the distinction between the native soldier and the  Athen. xii. 43; Thirlwall, Hist. of Greece, vol. v.
foreigner.  Other Greek nations soon imitated the  p. 210; Wachsmuth, vol. i. pt. ii. p. 309.)  The
Athenians (Th'ucyd. iv. 76), and the appetite for Romaip  at a comparatively early time introduced




METALLUM. -                                        METALLUM.                    759
the practice of paying their own citizens for their  the metals.  (See Hbckh, Creta, vol. i. p. 260
service in the army [STIPEENDIUM], but merce-  Millin, Aiiei'ralogie Iloieir'ique.)  The importance
nary troops, in the usual acceptation of the'term,  of hardening the copper used for arms and armour,
were unknown among them  till at a very late  and so forth, is a presumption in favour of the
period.                             [C. It. K.]    knowledge and use of tiln; but we have also deMERENDA.  [COENA, p. 306, b.]                   finite mention of this metal (rcaot-rTepos) several
MERIDIA'NI.  [GLADIATORES, P. 575, b.]    times in the Iliad; and it seems not improbable
METAE.  [CIRcus, p. 284, an.                    than then, as now, it was generally plated  on
METAGEI'TNIA  (YutayEirTtua),   a festival another metal.  (See Liddell and Scott, and Seiler
celebrated by the Attic demos Melite, in honour and Jacobitz, s. v.; Beckmann, vol. ii. p. 206, foll.)
of Apollo Mletageitnios.   The chief solemnities  The art of hardening copper by the admixture of
consisted in offering sacrifices, and the festival was tin was known before the historical period. (Comp.
b;elieved to commemorate the emigration (yErrsvia- AES.)  With respect to steel, it is a much disputed
eris wrpbs'rTpovs) of the inhabitants of Melite to  point whether this rletal is the proper sense of the
)iomis.  (Plut. de Evil. p. 601, b.; comp. Suidas, word tcavos in Homer (11. xi. 24, 35, Od. vii. 87)
and Harpocrat. s. v. METayELTVLr   a.)    [L. S.]    and Hesiod (Seut. 143), but at all events it is
METALLUM   (usE'ctAXAo). The Greek word  highly probable that this is the meaning of &lcdas
originally signified a pit or cave, where anything  in Hesiod (Scut. 231, Tieog. 161; see the lexiis sought for by digging, hence a mine, and hence  cographers, s. cv., the commentators on Homer and
any mineral found in a mine, especially snetal.  In  Hesiod, in i1., and Beckmann, vol. ii. p. 324).  It
Latin, the word means both a snine and nmetal, the  would appear from the manner in which Aeschylus
latter sense, however, preponderating in use.  The  refers to the Chalybes, taken in connection with
object of this article is to give a brief general view  the traditions respecting the early intercourse of the
of the acquaintance which the Greeks and Romans  (reeks with the shores of the Baltic, that the iron
had with the metals, and the uses to which they  and steel works of that people were known at a
applied them.                                      vrery early period, and that it was firom them chiefly
The metals which have been more or less known  that the Greeks procured their iron and steel.
from the earliest period of which we have anly in-  (Aesch. Prno. 720;   Apollon. Rhod. ii. 1000;
formation are those which were long distinguished  Xen. Anab. v. 5. ~ 1; Ritter, Erdknzde, vol. ii.
aIs the seven principal metals, namely, gold, silver, p. 776; IIlckh, Creta, vol. i. p. 294.) Enough has
copper, tin, iron, lead, and mercury.  (Some very  already been said respecting the early knowledge
interesting information, which does not fall within  of the precious metals, separately and in combinathe province of this work, may be read in Becl- tion, under ARG ENTUma, A URUa, and ELECTPR UAi.
mann's I-Iistosy of Inventions, by Johnston, vol. ii. In drawing inferences, however, from Homer's alpp. 23, &c. 4th ed.)  If to this list we add the  lusiols to these and the other materials of the useful
compound of gold and silver called electrsum, the  and fine arts, we must be on our guard not to make
compound of copper and tin called XaXKIs and aes  the poet's imagination our standard of their actual
(bronze), and steel, we have, in all probability, a  abundance.  (See further, concerning the real or
complete list of the metals known to the Greeks  supposed knowledge of metals and metallurgy in the
and Romans, with the exception of zinc, which  earliest times, Plin. H. N. vii. 56. s. 57.)
they do not seem to have known as a metal, but    If we turn from  the metals themselves to the
only in its ores, and of brass, which they regarded  art of working them, still taking the poems of
as a sort of bronze.  (See below).                 Homer and Hesiod for our guide, we find the
The early Greeks were no doubt chiefly in-  Greeks of that early period perfectly acquainted
debted for a supply of the various metals to the  with the processes of'smelting the metal from the
commerce of the Phoenicians, who procured themn  ore and of forging heated masses into the required
principally from  Arabia and Spain, and tin from  shapes, by the aid of the hammer and tongs.  It
our own island and the East.  In the Homeric  may, indeed, be doubted whether the Xdavot, into
poems we find an allusion to this traffic as one in  which Hephaestus throws the materials of the
which the Greeks of the western coast were already  shield of Achilles, and which are worked by the
engaged; where Athena personates Mlentes, the  blast of twenty pairs of bellows (,puas) are smeltruler of the Taphians, carrying shining iron to  ing-furnaces or mere smith's forges (II. xviii. 470),
Temesa in Cyprus, to exchange it for copper. (Od. but the former sense seems to be required in the
i. 184, comp. Nitasch's note.) The Homeric poems  passage of Hesiod.  (Tleog. 863.)  Both Homer
furnish ample proofs of how much more plentiful  and Hesiod refer to the smith's workshop (XascoZji'
copper was than iron.  The former is the common  35/zos, XdAtelOS aceKcoS) as a common lounge and
material of arms, instruments, and vessels of various as a place of shelter to which the poor resorted for
sorts [AEs]; the latter is mentioned much more  its warmth, (Od. xviii. 328, Op. et Di. 491.) The
rarely, and is distinguished by an epithet implying  whole of Homer's description of the workshop of
the difficulty of working it (7roAvStc,7ros, I1. vi. 48), Hephaestus deserves careful study (fi. xviii. 3G9,
and its adjective is frequently used metaphorically  &c.).  The smith's instruments were the anvil
to express the greatest stubbornness (Od. v. 191, (&Ktuov) with the block on which it rested (a&tud&c.: see Seiler and Jacobitz, s. vv. ueisrpos and  OeTrov), the tongs (rrupdypr/), and the hammer
eriS3pEos).  IIesiod carried us back to a period  (pdaltop, e-ip pa, II. 1. c., Od. iii. 433-435).
when iron was unknown (Op. et Di. 150, 151):    [INcus, FORCEPS, MALLEUS.] The arts of casting'raOgS 8' B xXmEeIEIY  remLyae ~ XTe'XcIO     xaf Be   oso, metals into moulds, and of welding, or even of solxaK' E o  dering piecesof metaltogether,were as yetunknown.
In large works, hammered plates were united by
and though the period thus described is mythical, mechanical fastenings, nails, pins, rivets, cramps,
yet the idea of it was clearly connected with the  or dovetails (6Euoie, i'Xoo, 7rep6vaf, tcrTpa), and
belief that iron had been the last discovered of all specimens of this sort of work in the bronze statues
3c 4




760              N METAL L UM. UMET. ALLUM.
of the earliest period were still to be seen in the  gold, silver, iron, and copper from their ores, were
time of Pausanias (11. xi. 634, xviii. 379; Pans. x. xwell known when that book was composed.  The
16. ~ 1). The art of embossing, or fastening pieces  casting of metal into moulds must also have been
of one metal on to the surfiee of another (iEiraco- practised very early. There are no means of knowr.vi'r6dXvr7, is referred to several times in Homer inl  of what material or composition the forms
(11. xi. 24, 35; Iobeck, ad Sopa..Aj. 846, &c.). or moulds were made, but in all probability clay
GCilding wa.s commonly practised: one interesting  (dried, and then perhaps baked) was employed for
example is the gilding of the horns of an ox about the purpose. The circumstance of a spot where clay
to be sacrificed. (Od. iii. 425, &c.)  This passage  abounded having been chosen for the founding of
lirnishes a striking instance of the use of words the bronze works for the temple of Solomon supconnected with Xaxcods for working in any kind of ports this supposition. (1 Kings, vii. 46). Of course
metal: thus, the artificer is called by the generic all the earliest works produced in this stage of the
term, XaXicrES (432), as well as by the specific art must have been solid.  The third process, that
name, XpveooXoos (425), and his tools are the  of casting into a mould with a core, was an im-;.r3a XaelcX'CiO, oaim' re XpV ob, elpydeTro (vv. portant step in the statuary's art.  Unfortunately
5133,435).  Lastly, the image used to describe the  there is no better record of the time, nor of the
hissing of the burning stake when plunged in the  mode in which this was effected by the ancients,
eye of Polyphemnus, shows an acquaintance with the  than the statements of Pausanias and Pliny, acprocess of dipping red-hot iron in water to harden  cording to whom the art of casting in bronze and in
it.  (Od. xi. 391, comp. Soph. Ai. 720.)           iron was invented by Rhoecus and Theodorus of
The advances made in the art of metallurgy in  Saumos, who probably lived in the sixth and fifth
subsequent times are chiefly connected with the  centuries before our era.  (Pans. iii. 12. ~ 8, viii.
improvements in the art of statuary.  The method  14 ~ 5; Plin. H. N. xxxv. 12. s. 43; Diet. of
of working, as described in Homer, seems to have  Biog. s. vv. Rhoecus, T/ieodorus.)
long prevailed, namely by beating out lumps of the    The ancients used something answering the purnmaterial into the form proposed, and afterwards pose of a solder for fastening the different pieces of
fitting the pieces together by means of pins or metal together; but it is difficult to determine
keys.  It was called ecvppXaTvoP, from  mcppa, a  whether the term  CdXAX7-qms means a solder or only
hammer.  Pausanias (iii. 17. ~ 6) describes this a species of glue.  Pausanias distinctly speaks of
process in speaking of a very ancient statue of it as something different from nails or cramps, and
Jupiter at Sparca, the work of Learchus of Rhegium. gives us the name of its inventor, Glaucus of Chios,
With respect to its supposed antiquity, Pausanias  who appears to have lived earlier than the Samian
can only mean that it was very ancient, and of the  artists just referred to (Herod. i. 25; Paus. x. 16.
archaic style of art. The term ampvpiXaTos is used by  ~ 1; Plut. de DVf: Or. 47, p. 436; Diet. of Bioy.
Diodorus (ii. 9) in describing a very ancient golden  vs. t.).  Pliny in like manner speaks of a solder
table which was said to have decorated the cele- under the title of plumbumo  aryentarsiums (Jh. n.
brated gardensofthe palace ofNinus and Semiramis, xxxiv. 17. s. 48).  Many of the works in the.at Babylon.  Pliny (II. N. xxxiii. 4. s. 24.) men- British Museum, as well as in other collections,
tions a golden statue of Diana Anaitis worked in the  are composed of pieces of metal which have been
same way, which he calls holosplyranton.  A statue joined together, but whether by clamps, rivets, or
of Dionysius by Onassinmedes, of solid bronze, is soldering, it is now impossible to determine accumentioned by Pausanias (ix. 12. ~ 3) as existing rately, on account of the rust about the edges of the
at Thebes in his time.  The next mode, among the plates.  The modern practice of welding pieces of
Greeks, of executing metal works seems to have metal together seems to have been altogether unbeen by plating upon a nucleus, or general form, known to the ancients.
of wood — a practice which was employed also    Respecting the supply and use of metals in the
by the Egyptians, as is proved by a specimen of historical period, little remains to be added to what
their art preserved in the British Museum.  The  has been said under AEs, ArtGENTUM, Aunums,
subject is a small head of Osiris, and the wood is CAELATUItA, ELECTRUM, STATUARIA, &C.  Ironi
still remaining within the metal.  It is probable  was found chiefly in Laconia and on the shores of
that the terms tlolospltyraton and splyraoton were  the Black Sea, and was brought especially from
intended to designate the two modes of hammer- Sinope.   Stephanus Byzantinus, who mentions
work; the first on a solid mass, and the other ham- this fact, states the purposes for which the two
hmering out plates.  (Comp. MALLEUS.)              sorts of iron were considered respectively better
It is extremely difficult to determine at what fitted (s. v. Ai. Atecsaauv). The whole subject of
date the casting of metal was introduced,  That it metals and metal-work is treated of by Pliny in
was known at a very early period there can be no  the thirty-third  and thirty-fourth books of his
doubt, although it may not have been exercised by  Historiac Ateturalis.
statuaries in European Greece till a comparatively    One point notyet noticed is the question, whether
late date.  The art of founding may be divided  the ancients possessed a knowledge of zinc.  That
into three classes or stages. The first is the simple they rarely if ever usedait as an alloy of copper is
melting of metals either from  the solid form, or proved by the analysis of existing specimens of
from the ore; the second, casting the fused metals their bronze [AEs]; but that they were absolutely
into prepared forms or moulds; and the third, ignorant of it can easily be disproved.  One of the
casting into a mould, with a core or internal miost important passages on the subject is in Strabo
nucleus, by which the metal may be preserved of (xiii. p. 610), who says that " in the neighbouria determined thickness. The first stage must have  hood of Andeira (in the Troas) there is a certain
been known at a period of which we have no re- stone which, on being burnt, becomes iron; then,
cord beyond a passage in the book of Job (xxviii. on being smelted with a certain earth, it distils:1, 2), which establishes the fact that some of the sEvusapyupos, and with the addition of copper it
processes of metallurgy, such as the reduction of becoimes what is called SKpepwa (which may mean




METOECI.                                          M.ETOPA.                    761
either an alloy in general, or a particular kind of whether private or public, but was at the same
alloy), which some call opdsXaAKos; and E/eudap-  time answerable (EYYUVsTrS) to the state for the
yvpos is also found about Tmolus."  In all pro-  conduct of his client. (Etymol. M. s. v.'A7rpoorTabability the stone here mentioned is the common   iuov.)   On the other hand, however, the state
zinc ore called calamine, which Pliny and other  allowed the aliens to carry on all kinds of industry
writers call cadmiialm.  If so, ievUipyvpos must be  and commerce under the protection of the law; in
metallic zinc, and oPElXaXKos brass. For a further  fact at Athens nearly all business was in the hands
discussion of this subject, into which we have not of aliens, who on this account lived for the most
space to enter, the reader is referred to Beckmann,  part in the Peiraeeus. (Xen. de Vectig. c. 2, de Reep.
vol. ii. pp. 32, &c.                               Ath. i. 12.)
Respecting the use of metals for money, see    Each family of aliens, whether they availed themNuIMsus.                                           selves of the privilege of carrying on any mercantile
Only a few  wvords are necessary on the word  business or not, had to pay an annual tax (uET'oLmnetallrum in its other sense.  Nearly all that is  ictov or,evlcat) of twelve drachmae, or if the head
known on the subject of the Greek mines, the  of the family was a widow, of only six drachmae.
mode of working them, and the revenues derived  (Bdckh, Publ. Econ. iii. ~ 7; Isaeus up. iHaapofiom them  is contained in Biickh's lEssay on the  crat. s.. MeTO-IKtOV.)  If aliens did not pay this
S'ilver Mines of Laurion appended to his Public  tax, or if they assumed the right of citizens, and
Efconomy of Athens.  Respecting the Roman mines, probably also in case they refused to select a pasee VECTIGALIA.                         [P. S.]   tron, they not only forfeited the protection of the
METATO'RES.  [CASTRA, p. 246, a.]               state, but were sold as slaves.  [AraoSTAsIou
METOECI (E'rorlcon), is the name by which, at DIrcE.]  In some cases, however, though they
Athens and in' other Greek states, the resident are of rare occurrence, aliens without having the
aliens were designated, and these must be distin- isopolity, might become exempt from the  IEO'iCo011o
guished from such strangers as made only a transi-  (ieAseLa FECOTKLnou) as well as from other obligatory stay in a place, for Harpocration (s.v.) ex-  tions. (Demosth. c. Aristocrat. p. 691; Plut. Vit.
pressly mentions as a characteristic of a ernoUKos, dec. Orat. p. 842; Demosth. c.. Aristog. p. 787;
that he resided permanently in the place. No city  Suidas, s. v. METcoLKos.)  Extraordinary taxes and
of Greece perhaps had such a number of resident liturgies (Elmcpopal and AeLroupyiat) devolved upon
aliens as Athens, as none afforded to strangers  aliens no less than upon citizens (Demosth. c.
greater advantages and conveniences, or a more  Androt. p. 612), though there must have been a
agreeable mode of living.  In the census instituted  difference between the liturgies performed by citiby Demetrius Phalereus (309 B. c.), the number of zens and those performed by aliens.  In what this
resident aliens at Athens was 10,000, in which  difference consisted is nowhere expresslymentioned,
number women and children were probably not but we have reason to believe that with the exinlcluded. (Athen. vi. p. 272.) These aliens were  ception of the trierarchy and gymnasiarchy, all
persons from all parts of Greece, as well as from  other liturgies might devolve upon aliens, though
Larbarous countries, such as Lydians, Phrygians, perhaps only on certain occasions, as the choregia
and  Syrians, or Attic  freedmen  [LBERTUS  at the festival of the Lenaea. (Schol. ad Aristoph.
(GaEEK)], and these people had chosen Athens  Plitt. 954; compare Bickh, Publ. Econ. iv. ~ 10.)
as their adoptive country, either on account of its  The extraordinary taxes (EihQropai) which aliens
resources for amusement and instruction, or on ac- had to pay, seem also in some degree to have difcount of the facilities it afforded for carrying on  fered from  those paid by citizens; and it is clear
mercantile business.  The latter class of persons  from  Demosthenes (c. Androt. p. 609 and 612),
seems to have been by far the most numerous. that they were taxed higher than citizens of the
The jealousy with which the citizens of the ancient same census.  The aliens were also obliged, like
Greek republics kept their body clear of intruders, citizens, to serve in the regular armies and in the
is also manifest in their regulations concerning  fleet, both abroad and at home, for the defence of
aliens.  IHowever long they might have resided in  the city. (Xen. de VTectig. 1. c.; Thucyd. ii. 13, iv.
Athens, they were always regarded as strangers, 90; Demosth. c. Philip. i. p. 50; Thucyd. i. 143,
whence they are sometimes called ZSvoo, and to  iii. 16.)  Respecting those   i-oTcOIot who had obremind them of their position they had on some oc- trained the irori'eAsa, see CIVITAS (GaEEKIC). The
casions to perform certain degrading services to the  heirs of a jeuroecos who died in Attica, were under
Athenian citizens. Theseservices[HvaDRIsPHRIA]  the jurisdiction of the polemarch. (Demosth. c.,
were however in all probability not intended to  Stephs. ii. p. 1135.)
hurt the feelings of the aliens, but were simply    The preceding account of the condition of the
acts symbolical of their relation to the citizens.  aliens at Athens applies with very few modificaAliens were not allowed to acquire landed pro- tions to most other parts of Greece.  (Compare
perty in the state they had chosen for their resi-  Petitus, Le#g. Att. ii. 5. p. 246, &c.; F. A. Wolf,
dence, and were consequently obliged to live in  Proleg. ad Lebptin. p. lxvi. &c.; Hermann, Polit.
hired houses or apartments (Demosth. pro Pl01re. Ant. ~ 115.)                              [L. S.]
p. 946; Xen. dle Vectig. ii. 2; Aristot. Oecon. ii.    ME'TOPA   or  ME'TOPE   (E~TdrrVm),  the
2, 3; compare Bdckh's PTzbl. Ecosn. i. ~ 24), aind  name applied to each of the spaces between the
hence the letting of houses was a subject of much  triglyphs in the frieze of the Doric order, and by
speculation aid profit at Athens.  As the aliens metonymy to the sculptured ornament with which
did not constitute a part of the state, and were Set those spaces were filled  up.   In the original
in constant intercourse and commerce with  its  significance of the parts the triglyplis represent
members, every alien was obliged to select a citizen  the ends of the cross-beams or joists which rested
for his patron (7rpoancrdams), who was not only the  on the architrave; the beds of these beams were
mediator between them  and the state, through  called 0bran, and hence the spaces betweeni them
whoml alone they could transact any legal business  ucEriTral,  (Vitniv. iv. 2. ~ 4.)  Originally they




762               AMETRETES.                                         MILLIARE.
were left open  next they were filled up with        METRO'NOMI (uperpovd4oi) were officers at
plain slabs, as in the propylaea at Eleusis, and  Athens belonging to that class which we might
many other buildings, and lastly, but still at all term police-officers. They were, like all officers of
early period, they were adorned with sculptures  this kind, appointed by lot. Their number is stated
either in low or high relief.  The earliest existing  differently: some say that there were fifteen (ten
examples of sculptured asetopes are probably those  for the Peiraeeus and five for the city); some sax
of the middle temple on the acropolis of Selinus, twenty-four (fifteen for the Peiraeeus, and nine for
which had metopes only on its east front, and in  the city); and others state that there were only ten,
which the style of the sculptures is so rude as al- five for the Peiraeeuls and five for the ci:y. (-Iarmost to remind one of some Mexican works of art. pocrat., Suidas, Phot. and Lex. Seg. s. v. MeTpoThe date is probably between 620 and 580 B.c. voYlot.)  Bbckh (Publ. Econ. i. ~ 9. n. 193) would
The next in antiquity are those from  the middle  alter all these passages of the grammarians so as to
temple on the eastern side of the lower city of make them  say, that the whole number of metroSelinus, in which there is a marked improvement, nomi was fifteen, and that ten were for the city and
but which still belong to the archaic style.  Their  five for the Peiraeeus, because the sitophylaces were
date is in the former half of the 5th century B.c. distributed in the same manner.  But there does
A  still further progress may be observed in the  not appear sufficient ground for such a bold alterametopes of the southern temple on the eastern  tion, and it seems at any rate probable that the
hill, which belongs to the second half of the same  number of these officers, as the grammarians state,
century.  In these the ground is tuf-i and the  was necessarily greater in the port-town than in
figures marble; the others are entirely of tufa. the city, for there must have been more business
(See figures of th? Selinuntine roetopes in the  for then in the Peiraeeus than at Athens, which
Atlas zu Kugler's Ksostgeschichte, pt. ii. pl. 5. figs. 1  was not the case with the sitophylaces. The duties
-4; comp. AMtiller, Arch/iol. cl. Kunst, ~ 90, n. 2). of the metronomi were to watch that the weights
Thus these Selinuntine metopes, with the works  and measures used by tradesmen and merchants
of the epoch of perfect art, namely the metopes of should have the size and weight prescribed by
the temple of Theseus and of the Parthenon, form  law, and either to punish offenders or to receive
an interesting series of illustrations of the progress  complaints against them, for the real nature of the
of Grecian sculpture.  The metopes front the Par- jurisdiction of the metronomli is not known. (Meier
thenon, now in the British Museum, are too well and Schblinanll, Att. Proc. p. 93, &c.)   [L. S.]
known to need description: but it is important    METRO'POLIS.  [COLONIA, p. 313, b.]
to notice the marked difference in their style;    MILLIA'RE, MILLIA'RIUM,' or MILLE
some show evident traces of the archaic school, PASSUUM  (ulAmeov), the Roman mile, consisted
while others are worthy of the hand of Pheidias  of 1000 paces (passums) of 5 feet each, and was
himself.  In the later orders the metopes are not therefore = 5000 feet. Taking the Roman foot at
seen, the whole frieze being brought to one surface.  11'6496 English inches, the Roman mile would
This is the case even in some ancient specimens  be 1618 English yards, or 142 yards less than the
of the Doric order.  (Comp. COLUTINA, and the  English statute mile.  By another calculation, ini
plates of the order in Mauch, Architekton. Ord-  which the foot is taken at 11'62 inches, the mile
7m212sgen.)                             [P. S.]    would be a little more than 1614 yards.  [MENMETRE'TES  (I'ETpyris), or AMPHORA   sRA.]l  The number of Roman miles in a degree
METRETES (adYqppevs [LETp?7TrS, t/he standard  of a large circle of the earth is a very little more
ampl2 are), was the principal Greek liquid measure. than 75.  The Roman mile contained 8 Greek
It contained 12 c/loes, 48 c/hoesices, 72 axestae (sex- stadia.  The most common term  for the mile is
trtaii), and 144 cotylee.  It was 3-4tlms of the mle- mille passiusm,  or only the initials M. P.; somediamnus, the chief dry measure.  The Attic me- times the word passuzmsz is omitted.  (Cic. ad Att.
tretes was half as large again as the Roman uam- iii. 4; Sallust, Ju!g. c. 114).
shoraa quadrantal, and contained a little less than    The milestones along the Roman roads were
9 gallons.  (See the Tables.)  If we take, ac. called snilliaria.  They were also called lapides;
cording to Bockh's views, the Greek cubic foot as thus we have cad tertizumn l/apidesm (or without the
equal to 53{- Roman sea.tarii, then, since the Attic  word laEpidcsm) for 3 miles from  Rome, for Rome
inetretes contained 72 sexatarii, we have the ratio  is to be understood as the starting-point when no
of the metretes to the cubic foot as 72: 534- or as other place is mentioned.  Sometimes we have in
97: 20, or as 135: 100, or as 1-3.5 to 1, or nearly  flll ab Urbe, or a Rosna.  (Plin. II. A. x-xxiii. 12.
as 4: 3.                                           s. 56; Varro, R. R. iii. 2.)  The laying down of
The Aeginetan metretes was to the cubic foot the mile-stones along the Roman roads is commonly
(still following Biickh's calculations) in the ratio  ascribed to C. Gracchus, on the authority of a pasof 9: 4, and to the Attic metretes in the ratio of sage in Plutarch (Gmacch. 6, 7), which only proves
5: 3, so that the Aeginetan measure was 2-Sths that Gracchits erected mile-stones on the roads
greater than the Attic; and since the Attic con-  which he made or repaired, without at all implytained 72 sextaii, the Aeginetan contained 120, ing that the system  had never been used before.
which is precisely the content assigned by Cleo-  There are passages in the historians, where milepatra, Galen, and Didymus, to the Babylonian, stones are spoken of as if they had existed much
Syrian, or Antiochean metretes, which belonged  earlier; but such passages are not decisive; they
to the saIne system as the Eginetanl. [MENSURA, may be anticipatory anachronisms.  (Liv. v. 4;
PONDERA].                                          Flor. ii. 6; comp. Justin. xxii. 6. ~ 9.)  A more
The Macedonian metretes is inferred to have  inportant testimony is that of Polyhbius (iii. 39),
been much smaller than the Attic, from the cir- who expressly states that, in his time, that part of
cumstance mentioned by Aristotle (Ieist. Ani7t. the high road from Spain to Italy, which lay in
viii. 9) of an elephant's drinking 14 of them  at Gaulh, was provided with mile-stones.
once; but this is doubtful             [P. S-]       The system  was brought to perfection by Au



MIMUIS.                                            MIIUS.                    763
gnstus, probably in connection with that measure-  and to have consisted originally of extempory rement of the roads of the empire, which was set presentations or imitations of ridiculous occurrences
on foot by Julius Caesar, and the results of which  of common life at certain festivals, like the Spartan
are recorded in the so-called Antoninze tinerarcy.  deicelistae.  At a later period these rude repreAugustus set up a gilt marble pillar in the forum   sentations acquired a more artistic form, which was
at Rome, to mark the central point from  which  brought to a high degree of perfection by Sophron
the great roads diverged to the several gates of of Syracuse (about 420 B.c.). He wrote his pieces
Rome (Dion Cass. liv. 8; Plut. Galb. 24). It was  in the popular dialect of the Dorians and a kind of
called the Mfilliariz m, Aureum; and its position is  rythmical prose. (Quinctil. i. 8.)  The mimes of
defined as being in capite Romanli Foeri (Plin. H.N.  Sophron are designated as t7Zpuo a7rouvaaot, which
5. s. 9), sub aedenm Satr'?i (Tac. Iiist. i. 27).  were probably of a more serious and ethical chaSome remains of it still exist, close to the Arch of racter, and /itoiL yEXotot, in which ridiculous bufSeptimius Severus, consisting of a round base and  foonery preponderated. Such mimes remained after
a piece of fine marble 4a feet in diameter, the whole  the timne of Sophron a favourite amusement of the
being about 10 feet high.  (Platner u. Bunsen,  Greeks, and Philistionof Magnesia, a contemporary
Beschreib. d. Stadt Roen. vol. iii. pt. 1. p. 73, pt. 2.  of Augustus, was a celebrated actor in them. (See
p. 102; Platner u. Urlichs, Besclhreib. Roms, p. 20.) uiiller, Dor. iv. 7. ~ 5.)
It seems that the marble pillar was covered, on    Among the Ronmans the word mimus was apeach of its faces, with tablets of gilt bronze; but plied to a species of dramatic plays as well as to
whether the information engraved upon them  con- the persons who acted in them.  It is certain that
sisted simply of a list of the chief places on each  the Romans did not derive their mimus from  the
road, with their distances, or whether there was  Greeks ii southern Italyl, but that it was of native
a sort of map of each set of roads with the dis- growth. The Greek nmimes were written in prose,
tanlces marked upon them, is now unknown.  It is  and the name juicuos was never applied to an actor,
also uncertain  whether the miles began to be  but if used of a person it signified one who made
reckoned from  the pillar itself, or from  the city  grimaces.  The Roman mimes were imitations of
gates. (See De la Nauze, in the Jliem. de l'A cad.  foolish and mostly indecent and obscene occurrences
des Inser. vol. xxviii. p. 388, &c.; Ideler, in the  (Ovid, Trist. ii. 515; Valer. Max. ii. 6. ~ 7, x. 11),
Abhandi. d. Berl. Acad. 1812, pp. 134, 164.)       and scarcely differed from  comedy except in conThe il/illiarius A u reumsn   at Byzantium, erected  sisting snore of gestures and mimicry thanll of spoken
by Constantine in imitation of that of Augustus,  dialogue, which was not the case in the Greek
was a large building in the forum  Augusteulm, mimes.  The dialogue was, indeed, not excluded
near the church of S. Sophia.  (See Buchholz, in  from the Roman mimes, but wvas only interspersed
the Zeitsclkrifl fi-ir Altesrtulssvsissensehcltt, 1845, in various parts of the representation, while the
No. 100, &c.)                                      mimic acting continued along with it and uninterLondon also had its Alilliariumeen AuLresss, a frag- ruptedly from the beginnilng to the end ofa piece.
ment of which still remains, namely, the cele-  At Rome such mimes seem originally to have been
brated- London Stone, which may be seen affixed  exhibited at fimnerals, where one or more persons
to the wall of St. Swithin's Church in Cannon  (mslimli) represented in a burlesque nlanner the life
Street.                                            of the deceased.  If there were several mimi, one
From this example it may be inferred that the  of them, or their leader, was called archimiinus.
chief city of each province of the empire had its  (Suet. Vestps. 19; Gruter, Insceript. 1089. 6.)
MJillliarciumn A'e-etem.                              During the latter period of the republic such
The ordinary nlilliaria along the roads were  farces were also represented in theatres; btut it
blocks or pillars of stone, inscribed with some or appears that they did not attain any high degree
all of the following points of information: (1)  of perfection before the time of Caesar, for it is not
the distance, which was expressed by a number, until then that writers of mimes are mentioned:
with or without M.P. prefixed: (2) the places  Cn. Mlatius, Decius Laberius, and Publ. Syrus
between which the road extended: (3) the name  were the most distinguished among them. (Gellius,
of the constructor of the road, and of the emperor xv. 25; Suet. Caes. 39; Cic. acd Fam. xii. 18.)
to whose honour the work was dedicated. Several  These coarse and indecent performances, of which
of these inscriptions remain, and are collected in  Sulla was very fond, had greater charms for the
the following works: Gruter, c I. pp. cli. &c.; Ronans than the regular drama: hence they were
Muratori, Tlies. vol. i. pp. 447, &c.; C)reili, Inser.  not only performed on the stage, but even at reLat. Sel. Nos. 1067, 3330, 4877; and especially  pasts in the houses of private persons.  On the
Bergiel, Hist. des grands  Clzendins des Roen. vol. ii. stage they were performed as farces after tragedies,
pp. 757, &c., Bruxelles, 1728, 4to.                and during the empire they gradually supplanted
On some of these mile-stones, which have been  the place of the Atellanae.  The exact time, howfound in Gaul, the distances are marked, not only  eve;, when the Atellanae yielded to the mimes is
in Roman miles, but also in Gallic Leegqae, a  uncertain.  It was peculiar to the actors in these
measure, somewhat greater thanl the Roman mile.  mimes, neither to wear masks, nor the cothurnus,
(For some further details respecting these extant nor the soccus, whence they are sometimes called
mile-stones, see the article Alilliariumzs  in the Real-  planipedes.  (Dionmed. iii. 487; Gellius, i. 11;
Elncyclop. d. Class. Altertl., to which the foregoing  Macrob. Sat. ii. 1.)  As the mimes contained
article is considerably indebted.)      [P. S.]    scenes taken fiom common life, such as exhibited
MIMUS (~u?/os) is the name by  which, in  its most striking features, their,authors are someGreece and at Rome, a species of the drama was  tinies called biologi or ethologi (Cic. g)ro Rabiar. 12,
designated, though the Roman mimnus differed  ide Ocrat. ii. 59), and the works themselves were
essentially from the Greek,7ui;os.               distinguished for their richness in moral sentences.
The Greek mimus seems to have originated  That distinguished and living persons were someamong the Greeks of Sicily and southerml Italy, times exposed to ridicule in these mimses, is clear.




764           MI1STHOU DIKE.                                         MODULUS.
from J. Capitolinus (Al. Ant. Philos. c. 29). (Com-  services which had been performed for them, pro.
pare Reuvens, Collectan. Literar. i. p. 51, &c.;  vided it had been agreed that they should be paid
Osann, Analect. crit. i. p. 67, &c.; Ziegler, De  for; and, secondly, against persons who either had
Alinzis Romanoruzmn, Giitting. 1788).    [L. S.]    not or had imperfectly performed the services for
MINA.  [TALENTt I.I.]                            which they were paid.  It made no difference
MINOR.  [CusRATOt; INFANS.1                      whether the service was performed by physical or
MIJNU'TIO  CA'PITIS.  [CAPUT.]                   intellectual'powers, as teachers, sophists, actors,
MIRMILLO'NES. [GLADIATorEs, p. 575, b.]  authors, and similar persons were paid at Athens
II'SSIO.  [ExE RC1TUS, p. 499, b.]               (Bickh, Publ. Econ. i. ~ 21), and it is natural to
MIISSIO.  [GLADILTORES, p. 575, a.1              suppose that these persons, like others, made agreeNMISTIO'PH IORI  (/lu0oqopdpot).   [JI ERMc-  ments, either written or by word of mouth, reNARII.]                                            specting the remuneration to be given to them. In
MISTHOSEOS DIKE  (aLrOcewro oFi;v71), also  case either party thought themselves wronged they
called /moO6&fo'Fws   orKov 8bKc-, is the action brought might bring the buaOov 8abcV against the other.
against a guardian for either having neglected to  Protagoras had written a book called  tc[K- /6rEp
make profitable use of the property of his ward, or  pALo0oo, and an instance is recorded of an action of
for having made no use of it at all. Use might be  this kind in which he demanded payment of one
made of such property either by letting it, if it of his pupils. (Diog. Laert. ix. 8. ~ 8.) It is not
consisted of lands or houses, or by putting it out improbable that his work contained an account of
to interest, if it consisted of capital.  The  bim  this law-suit.  (Meier and Sclshmann, Aft. Proc.
lfauO6cEWS WSmust have been of a twofold character, p. 534, &c.)                            [L,. S.]
either public or private, that is, it might be brought    MITRA  (tilrpa), signified in general a band of
against the guardian, during the minority of his  any kind, and was used specifically to indicate,
ward, by any person who took an interest in the  1. A  belt or girdle worn by warriors  round the
welfare of the orphan, or it was brought by the  waist.  [ZoNA.]  2. A broad band of cloth worn
orphan himself after his coming of age. Complaints  round the head, to which the nalme of alszdea e
of this kind were brought before the first archon.  was sometimes given.  [Cona, p. 329, b.]  3. In
In cases where the guardian would not or could  later times, a band worn round the bosom  by women,
not occupy himself with the administration of the  which the Greeks usually called a&rdeo/s.os, and
property of his ward, he might request the archon  the Romansfcscitepectoralis or stso)opdii67. (Becker,
to let the whole substance of his ward's property  Chsalikles, vol. ii. p. 329.) [ FASCIA S* STROPIIUs.]
to the highest bidder, provided the testator had     MIXTA  ACTIO.  [AcTIo.]
not expressly forbidden this mode of acting in his    MNA (/xy).  [TALENTUM.]'
will.  (Demosth. c. Aphob. p. 837; compare 853,    MINE'MATA,  MNEMEIA  (ttjua-ra,  apl8157; Lys. c. Diogit. p. 906.) The letting of such  isEa).  [FUNvUS, p. 556, a.]
property took place by auction, and probably in the    MNOIA (Yuvoa).  [Costar.]
presence of a court of justice, for we read that the  MIOCHLUS (poxXds).  [JANUA.]
court decided in cases where objections were made    MO'DIOLUS, the diminutive of MoDrus, is
against the tarms of letting the property. (Isaeus,  used for various kinds of small vessels; among
de Philoctes. Leered, p. 141, &c.)  The person who  others, for the buckets on the edge of the tysztook the property had to pay an annual per- pasusnz, by which  water was raised (Vitruv. x.
centage for the right of using it, and this percent-  j0), and generally  for any kind of bucket or
age frequently amounted to more than 12 per cent. small cistern in hydraulic machinery (lb. 12, 13) 
per annumn.  If one  llan alone was unwilling to  for the well of an oil press (Cat. R.R. 20); for
take the whole property on such conditions, it the box of a wheel (Plin. II. L. ix. 4. s. 3; Vitruv
sight be divided and let to several persons  sepa-  x. 14); and for other kinds of sockets (Vitruv. x,
rately.  (Isneus, de Ale lecl. Ilered. p. 13.)  The  18).                                  [P. S.]
tenant or tenants of the property of an orphan had    MO'DIUS, the principal dry measure of the
to give security (a&rorTLE7/ja) for it, and to mort-  Romans, was equal to one-third of the amphora
gage (&roTicp,) his own estate, and the arbchon  (Volusius Maecianus, Festus, Priscian, ap. Wurm,
sent especial persons, &a7rorst reiaf, to value his pro-  ~ 67), and was therefore equal to irearly two galperty, and to ascertain whether it was eqluivalent ions English. It contained 16 sexctarii, 32 1eminiae,
to that of the orphan. ( Suidas, s. v.'Asro%,uearaI.)  64 quartarii, 128 acertablda, and 192 cyaft/hi. ComThe technical term for letting the property of an  pared with the Greek dry measure, it was 1-6th
orphan, whether it Nwas done by the guardian him-  of the MEDrMi Nus.  Its contents weighed, accordself or by the archon, was ps0soU^, and those who  hilg  to Pliny, 20 pounds of Gallic wheat, which
took it were said   a0oo'Osat'prbv oteo, (osios here  was the lightest known at Romle.  Farmers made
signifies the whole substance of the property). The  use of vessels holding 3 and 10 modii (Colum. xii.
tenants of the estate of an orphan had the right  18. ~ 5).  The third part of the jugeruin was
and perhaps the obligation to protect it against any  sometimes called  asodios.           [P. S.]
other person. (Isaeus, de I~en.:he red. p. 289.)  It    M1O'DULUS (dCdurs/s), the standard measure
is not clear what resource was open to an orphan  used in determinling the parts of an architectural
against a tenant who did not fulfil his obligations,  order.  It was originally the lower diameter of
but it is probable, that if any disputes arose, the  the column; but Vitruvius  takes, in the Doric
guardian or the archon alone were answerable and  order, the lower semlidiameter for the module, rehad to procure justice to the orphan.              taining  the whole diameter in the other orders.
(Meier and Schminann, Aft. Proc. pp. 295, 532; Modern architects use the semidiameter in all the
BDickh, Publ. Fconz. p. 335, &c., 2d ed.) [L. S.]    orders.  The system of dividing the module into
MISTHOU  DIKE (,lcuo0 iis7cl or LLU0J5OEWoS  minutes was not used by the (ancient architects,
8ir'm) is the name of a private action which might who merely used such fiactionall parts of it as uere
be brought against persons who refised to Pay for  convenient.  The absolute length of the module




MOLA.                                               MOLA.,65
depends, of course, on the dimensions of the edi-  together at the apex, and provided at this point
fice: thus Vitruvius directs that, in a Doric tetra-  with a socket, by which the upper stone was susstyle portico, 1-28th, and in a hexastyle 1-44th of pended upon the iron pivot, at the same time
the whole width should be taken as the module, touching on all sides the lower stone, and with
if diastyle, or 1-23rd and 1-35th respectively, if which it was intended  to revolve.  The upper
6ystyle.  (Vitruv. i. 2, iv. 3, v. 9).  [P. S.]    stone was surrounded at its narrowvest part with a
MOENIA.  [MuRus.]                                strong band of iron; and two bars of wood were
MIOICHEIAS GRAPHE.  [ADULTERlUaI.]   inserted illto square holes, one of which appears in
MOLA (1dAxos), a mill.  All mills were an-  the figure, and were used to turn the upper stone.
ciently made of stone, the kind used being a v-ol-  The uppermost of the two hollow cones served the
canic trachyte or porous lava (.tyrites, Plin. H. N.  purpose of a hopper.  The corn with which it was
xxxvi. 30; silices, Virg. Alorset. 23-27; pumr iceas,  filled, gradually fell through the neck of the upper
Ovid. Fast. vi. 318), such as that which is now  stone upon the summit of the lower, and, as it proobtained for the same purpose at MIayen and  ceeded down the cone, was ground into flour by
other parts of the Eifel in Rhenish Prussia.  This  the friction of the two rough surfaces, and fell on
species of stone is admirably adapted for the pur- all sides of the base of the cone into a channel
pose, because it is both hard and cavernous, so  formed for its reception. The mill here represented
that, as it gradually wears away, it still presents  is five or six feet high.
an infinity of cutting surfaces.                       The hand-mills were worked among the Greeks
Every mill consisted of two essential parts, the  and Romans by slaves.  Their pistrinum was conupper mill-stone, which was moveable (catillsus, sequently proverbial as a place of painful and deiovo, Tb E7rLtuVALoV, Dezt. xxiv. 6), anld the lower, grading labour; and this toil was imnposed princi-.
which was fixed and by much the larger of the two. pally on women.  (Hom. Od. vii. 104; Exod. xi.
Hence a mill is sometimes called molae in the  5; Matt. xxiv. 41.)
plu/al.  The mills mentioned by ancient authors    In every large establishment the hand-mills were
are the following:-                                 numerous in proportion to the extent of the fanlily.
I. Tilhe hand-mill, or qulern, called  io0la 2mant- Thus in the palace of Ulysses there were twelve,
aria, versatilis, or trusatilis. (Plinl. II. r. xxxvi.  each turned by a separate female, who was obliged
29; Gell. iii. 3; Cato, de Re Rust. 10.)           to grind every day the fixed quantity of corn before
The islanders of the Archipelago use in the pre-  she was permritted to cease from her labour.  (Od.
sent day a mill, which consists of two fiat round  xx. 105-119; compare Cato, de Re Rust. 56.)
stones about two feet in diameter.  The upper    II. The cattle-nlill, msol aosiafrira (Cato, de Re
stone is turned  by a handle (mKy7r?7, Schol. in  Rust. 10; Matt. xviii. 6) in which human labour'Teocrit. iv. 58) inserted at one side, and hlas a  wlas supplied by the use of ain ass or some other
hole in the middle into which the corn is poured. animal. (Ovid, Fast. vi. 318.) The animal devoted
By the process of grinding the corn iakes its way  to this labour was blind-folded. (Apul. JIet. ix.)
from the centre, and is poured out in the state of The mill did not differ in its construction from the
flour at the rim. (Tournefort, Voyge, Lcett. 9.) The  larger kinds of hand-mill.
description of this machine exactly agrees with    Ill. The water-lill (mokle aqnurZia, ndpaXAeT7S).
that of the Scottish quern, formerly an illdispensable  The first water-mill, of which anly record is prepart of domestic furniture. (Pennant, Tobu  in Scot- served, was connected with the palace of Mithriland, 1769, p. 231; and 1772, p. 328.) There call dates in Pontus.  (Strabo, xii. 3. ~ 30.)  That
be no doubt that this is the flour-mill in its most water-mills were used at Rome is manifest from
ancient form.  In a very improved state it has  the description of them  by Vitruvius (x. 5. ed.
been discovered at Pompeii.  The annexed wood-  Schneider).  A cogged wheel, attached to the axis
cut shows two which were found standing inl the  of the water wheel, turned another which was
ruins of a bakehouse.  In the left-hand figure thle  attached to the axis of the upper msill-stonle: the
lower millstone only is showns.  The most essential co'n to be ground fell between the stoses out of a
part of it is the cone, which is surmounted by a  hopper (il#ctdibdulzuns), which  was fixed above
projection containing originally a strong iron pivot. theml. (See also Brunck, Anal. ii. 119; Pallad. do
The upper millstonle, seen in its-place on the right Re Rutst. i. 42.)   AusoniuLs, as quoted below,
hand of the woodcut, approaches the form  of an  mentions their existence on the tRuwer near Treves;
and Venantius  Fortunatus, describing a castle
built in the sixth century on the banks of the Moselle, makes distinct mention of a tail-race, by
which " the tortuous streamn is conducted in a
straight chanllel."  (PoenL. iii. 1 0.)
IV. The floatingr-mill.  When Rome was besieged by the Goths, A. D. 536, and when the stoppage of the aqueducts rendered it impossible to use
the public coril mills (oz   S 7s ro,we teiAcemves) in
the Jasnicultum, so that the citizens were in danger
of starvationl, B3elisaritus supplied their place by
erecting floating-mlills upon the Tiber.  Two boats
being moored at the distance of two feet fiom each
o ether, a water-wheel, suspended on its axis between
5   theimc, was turned by the force of the stream, anld'  put in motion the stones for grinding the corn, by
which the lives of the besieged were preserved,
(Procop. de Bello Gothsio, i. 15.)
hour-glass, clonsisting of two hollow cones, jointed  V. The saw sill.   Ausonius mentions  nils




7C6              hMIONETA.                                            MONETA.
situated on some of the streams falling into the  silver, is signed by these triumvirs in the folMIoselle, and used for cutting marble into slabs. lowing manner: -III. VIR. AAA.FF, that is,
(AIosellc, 362, 363.)                              trimnuvir auro, argento, are  fiando feriundo (Cic.
VI. The pepper-mill.  A mill for grinding pep-  de Leg. iii. 3; P. Manut. ad Cic. ad Fam. vii.
per, made of boxwood, is mentioned by Petronius  13) or III. VIR. A.P.F. that is, ad pecunianm
(molea bit,'ea piper trivil, Sat. 74).  [J. Y.]    feriundamn.  Other coins on the other hand do not
MONA'RCHIA  (xaovapXta), a general name  bear the signature of a triumvir monetalis, but the
for any form of government in which the supreme  inscription CUR. X. FL. S. C. i. e. curator denafunctions of political administration are in the  sioruzm flandoruunz ex senatusconssulto, or are signed
hands of a single person.  The term  iovapXla is  by praetors, aediles, and quaestors.   Caesar not
applied to such governments, whether they are he- only increased the number of the triumviri monereditary or elective, legal or usurped.  In its com-  tales to four; whence some coins of his time bear
monest application, it is equivalent to  ]ao'trEiea, the signature 11II. VIR. A.P.F., but entrusted
whether absolute or limited.  But the rule of an  certain slaves of his own with the superintendence
aesylnetes or a tyrant would equally be called a  of the mint. (Suet. Caes. 76; compare Cic. Philip.
sovsapXta. (Arist. Pol. iii. 9, 10, iv. 8; Plato, vii. 1.)  The whole regulation and management of
Polit. p. 291, c. e. p. 302, d. e.).  Hence Plutarch  the Roman mint and its officers during the time of
uses it to express the Latin dictatercn.  It is by a  the republic is involved in very great obscurity.
somewhat rhetorical use of the word that it is ap-    The coining of money at Rome was not a priviplied now and then to the 8i,/os.  (Eurip. Suppl. lege belonging exclusively to thle state, but from
352; Arist. Pol. iv. 4.)  For a more detailed ex- the coins still extant we must infer that every
amination of the subject the reader is referred to  Roman citizen had the right to have his own gold
the article REx, ARCHION, TYRANNUS, PsRYTlNIS, and silver coined in the public mint, and under the
AESYMNETES, TAGUS.                  [C. P. M.]    superintendailce of its officers.  The individual or
MONE'TA, the mint or the place where money  gens who had their metal coined, stated its name
was coined. The mint of Rome was a building on  as well as the value of the coin.  This was a kind
the Capitoline, and attached to the temple of Juno  of guarantee to tile public, and nearly all the coins
5Moneta, as the aerarium  was to the temple of of the republican period coined by a gens or an inSaturn. (Liv. vi. 20.) This temple was vowed by  dividual bear a mark stating their value. As long
Camillus, and dedicated in 344 B. c. on the spot as the republic herself used pure silver and gold,
where the house of M. TManlius Capitolinus had  bad mioney does not seem to have been coined by
once been standing.  (Liv. vii. 28; Ov. Fast. vi.  any one; but when, in 90 B. c., the tribune Livius
183.)  Some writers describe the art of coining as  Drusus suggested the expediency of mixing the
having been known to the Italians from the earliest silver which was to be coined with one-eighth of
times, and assign its invention to Janus (Macrob. copper, a temptation to forgery was given to the
&ft. i. 7; Athen. xv. p. 692); but this and  people, and it appears henceforth to have occurred
similar accounts are nothing more than fables. frequently.  As early as the year 86 B. c. forgery
The statement of Pliny (H. N. xxxiii. 3), who as- of money was carried to such an extent, that no
si,ns the invention of coining to Servius Tullius, one was sure whether the money he possessed was
has somewhat more of an historical aspect; and he  genuine or failse, and the praetor MI. Marius Gratiderives the namre pecunia firom the circumstance that dianus saw the necessity of interfering.  (Cie. de
the coins were originally marked with the image  Off: iii. 20.)  He is said to have discovered a
of some animal. The earliest Roman coins were of means of testing money and of distinguishing the
aes [AEs], and not struck, but cast in a mould. good from  the bad deilarii.  (Plin. II. N. xxxiii.
(See the representation of such a mould on page  46.) In what this means consisted is not clear; but
545.) The moulds, however, were somletimes with-  some method of examining silver coins must have
out any figure and merely shaped the metal, and  been known to the Romans long before this time.
in this case, the image as well as the name of the  (Liv. xxxii. 2.)  Sulla inflicted heavy punishgens, &c., were struck upon it by means of a ham- Ient upon the coiners of false money; his law'
Puer upon an anvil on which the form  was fixed. remained in force during the empire, and not
As the strokes of the hammer were not always  only false coining, but any crimle connected with
equal, one coin though equal in value with another the deterioration of money, was gradually made to
might differ from  it in thickness and  shape. come under it.  In the latest times of the empire
Greater equality was produced at the time when  false coining was treated as a crimen majestatis.
the Romans began to strike their money; but All Roman money was generally coined at Rome,
when this custom became general, is not knsown. but in sonei particular cases the mints of other
Respecting the changes whlich were introduced at  Italian towns, as in the provinces, were used; for
Rome at various times in the coinage see Ams, As, we nwtst remember, that during the time of the
ARGENTLuIs, AURuva, and Nuvitius.                 republic, subject countries and provinces were not
In the early times of the republic we do not deprived of the right of coining their own money.
read of any officers who were charged with the  This right they even retained under the empire for
superintendence of the mint; and respecting the  a long time, though with some modifications; for
introduction of such officers we have but a very  while some places were allowed to coin their
vague statement of Pomponius.  (Dig. 1. tit. 2. money as before, others were obliged to have upon
~ 30.)  Their nlame was triumviri imonetales, and  their coins the head of the emperor, or of some
Niebuhr ([list. of Rosze, iii. p. 646) thinks that member of his family.  Silver and gold, however,
they were introduced at the time when the Ro-  were coined only in places of the first rank. When
mans first began to coin silver, i. e. 269 B. C.  The  mall Italy received the Roman franmchise, all the
triumviri monetales had the whole superintend-  Italians used the Roman money, and inl conseence of the mint, and of the money that was coined  quence lost the right to coinl their own.
in it.  A great number of coins, both of gold and     It has been stated above, that probably every




5MONETA.                                           MONILE.                    767
Roman citizen had the right to have his gold and  we have only one instance in which the state at a
silver coined, but none had the right to put his time of great distress used bad metal.  This was
own image upon a coin, and  not even Sulla  in the archonship of Antigenes and Callias, B. c.
ventured to act contrary to this custom.  The  407 and 406. (Aristoph. Ran. 673, with the Schol.,
coins apparently of the republican period with  and 678.)  Individuals who coined bad money
the portraits of individuals, were, according to  were plnished with death.  (Demosth. c. Lepot.
Eckhel, coined at a later time, and by the de- p. 508; NOMIINSATOS DIAPHORAS DIKE.)  The
scendants of those persons whose portraits are  place where money was coined is always indicated
given.  Caesar was the first to whom this privi- on Greek coins; either the name of the place is
lege was granted, and his example was followed  stated, or some symbolical representation of the
by many others, as we see from the coins of Sext. place, as the owl on Athenian and a peacock on
Pompeius.  The emperors assumed the right to  Samian coins.  These symbols are generally of a
put either their own images or those of members of religious nature, or connected with the worship of
their families upon their coins.                  the gods or heroes.
From the time of Augustus, the triumviri, gene-    For further information  on this subject see
rally speaking, no longer put their names on any  Eckhel, DoctrilnaNsu7monorm, V'eterenm, and especially
coin, and it became the exclusive privilege of the  the Prolegomena generalia in vol. i.; Dureau de la
emperor to coin silver and gold.  The senate en- Malle, Econzomie Politique des Ronseais.
trusted with the administration of the aerarium      MONETA'RII,  [MION:ETA.]
retained only the right of coining copper, whence:MONI'LE (bppos), a necklace. Necklaces were
almost all copper coins of this period are marked  worn by both sexes among the most polished of,with S. C. or EX  S. C.  But this lasted only till those nations which the Greeks called barbarous,
the time of Gallienus, when the right of coining all especially the Indians, the Egyptians, and the Permoney became thle exclusive privilege of the em- sians.  [AirMILLa.]  Greek and Roman females
perors. As, however, the vast extent of the empire  adopted them more particularly as a bridal ornarendered more than one mint necessary, we find  ment. (Lucan, ii. 361; Claud. de vi. cons. Inoolr.
that in several provinces, such as Gaul and Spain, 527.)
Roman money was coined under the superin-    The simplest kind of necklace was the mooSile
tendence of quaestors or proconsuls.  Roman colo- baccltrun, or bead necklace (Virg. Aen. i. 657 
nies and provinces now gradually ceased to coin  Lamprid. Al. Sev. 41), which consisted of berries,
their own money.  In the western parts of the  small spheres of glass, amethyst, &c., strung toempire this must have taken place during the first gether.  This is very commonly shown in ancient
century of our anra, but in the East tile Roman  paintings. (See woodcut, p. 136.)  The head of
money did not become mlliversal till after the time  Minerva at page 566, exhibits a frequent modifiof Gallienus.  From  the time of the emperor cation of the bead necklace, a row of drops hanging
Aurelian a great number of cities of the empire  below the beads. These drops, when Nworil, arrange
possessed millts in which Roman money was coined, themselves upon the neck like rays proceeding
and durinlg the latter period of the empire the su- from a centre.  To this class of necklaces belongs
perintendents of mints are called procuratores or one in the Egyptian collection of the British Museum
praepositi monetae.                                (see the annexed woodcult), in which small golden
The persons who were employed as workmen in  lizards alternate with the drops.  The figure in the
a mint were called lnmoetarii.  Their number at
Rome appears to have been very great during the    _      _
latter period of the empire, for in the reign of
Aurelian they nearly produced a most dasgerous
rebellion.  (Aurel. Vict. de Caes. 35; Vopisc
Amurel. 38.)  They seem  generally to have been 
freedmen. (Murat. isiscript. 968. mn. 5.)
In Greece every free and independent city had                              J
the right to coin its own money.  Sparta and
Byzantium are said to have only coined iron monley(Pollux, vii. 106), but no ancient iron coin has      -
ever been found. Respecting the time when money       p       o,
was first coined in Greece, see APRGENTUM  amid    N,  C,     0 O
N u; Ir us. Tihe Greek term for mononey eyst   a, w as               I!
firoml vd1os, because the determinLation of its value m  [~           
was fixed by law or contract. (Aristot. JLt#ic. v. 8.)
The mIint  at Athens was called apyvpo~co7remov.                                             0
[ARGIaROCOPEON.]   We do not hear of anys
officers connected  with the management or the        e
smiperintendence of the Athenian Imint.  Howl ftir 
tlhe right of coining money was a privilege of the
central government of Attica is unknown.  But              fo-, B
thle extant coins show that at least somle deimes of       C
Attica had the right of coining, and it is probabl:'                         u   
that the government of Athens only watched over
the weight and the purity of the metal, and that                         1'i.l' I'.
the people in their assembly had the right of regu- th
lating everything concerminmg the coinling of i-oney.
(Aristoph. EFcles. 810, &c.)  The Attic gold and
-ilver coimls were always of very pure metal, and




X7681                MIORA.                                        AIORTARIUM.
woodcut imnmediately underneath this exhibits the  paying it after the time fixed for payment. (Dig.
central portion of a very ancient and exquisitely  19. tit. 1. s. 13. ~ 20.)  The rule is the same as to
wrought necklace, which was found at S. Agatha,  debts due to the Fiscus, if they are not paid when
near Naples, in the sepulchre of a Greek lady.  It they are due.  If a colonus was behind in payment
has 71 pendants.  Above them is a band consisting  of his rent for two years, the owner (locator) might
of several rows of the close chain-work, which we  eject him  (Dig. 19. tit. 2. s. 54. ~ 1): and a man
now  call Venetian.  [CATENA.]  We also give  lost the right to his emphytensis, if he delayed the
here the central portions, exhibiting the patterns of payment of what was due (canon) for three years.
three splendid gold necklaces, purchased from the    These were cases of delay in which there was
Prince of Canino for the British Museum.  These  simply a non-fulfilment of the obligatio at the
were found in Etruscan tonmbs.  The ornaments  proper time; and the term Mora is sometimes apconsist of circles, lozenges, rosettes, ivy-leaves, and  plied to such cases.  But that which is properly
hippocampi.  A heart depends from the centre of Mora is when there is delay on the part of him
one of the necklaces.                              who owes a duty, and culpa can be imputed to
The necklace was sometimles made to resemble a  him.  Some modern writers are of opinion that all
serpent coiled about the neck of the wearer, as was  delay in a person discharging an obligatio is Miora,
the case with that given as a nuptial present by  except there be some impediment which is created
Venus to Harmonia, which was ornamented in so  by causes beyond the debtor's control.  But there
elaborate a manner, that Nonnus devotes 50 lines  are many reasons for the opinion that Mora in its
of his Dionysiaca (v. 125, &c.) to its descrip-  proper sense always implied some culpa on the
tion.  This same necklace afterwards appears in  part of the debtor.  Tihis is proved by the general
the mythology as the bribe by which Eriphyle was  rule as to the necessity of interpellatio or demand
tempted to betray her husband. (Apollodor. iii. 4.  of the creditor (si interpellatus opportune leco non
~ 2, iii. 6. ~~ 2 —6; Diod. iv. 65, v. 49; Serv. in  solverit, quod apud judicem  examinabitur);   by
Aen. vi. 445.)                                     the rules about excusationes a mllora, which only
The beauty and splendour, as well as the value  have a meaning on the supposition that real mor,
of necklaces, were enhanced by the insertion of is not always to be imputed to a man, though
pearls and precious stones, which were strung to- there may be delay in the discharge of an obligether by means of linen thread, silk, or wvires and  gatio.  That this is the true meaning of Mora is
links of gold.  For this purpose emeralds, or other  also shownI by the terms used with reference to it
stones of a greenish hue (smszargdi), were often  (per euln stetit, per eum factunl est quomillnus, &c.).
employed (virides genae, Juvay. vi. 363).  Amber  This view is confirned also by the rule that in
necklaces are mentioned in the Odyssey (xv. 459, every case of Morna the particular circumstances
xviii. 295).  Some account of the various kinds of are to be considered, a rule which plainly implies
links is given in the article CATENA.  The hooks  that the bare fact of delay is not necessary to conor clasps for fastening the necklace behind the neck  stitute Mona.  In a passage of Papinian (Dig. 12.
were also various, and sometimes neatly and in-  tit. 1. s. 5) the doctrine that bare delay does not
geniously contrived. Besides a band encircling the  constitute legal Mora is clearly expressed.
neck, there was sometimnes a second or even a third   When Mora could be legally imputed to a man,
row of ornaments, which hung lower down, passing  he was liable to loss in many cases when he otherover the breast.  (Hom. Hl1y4sn. ii. in Ven. 11; wise would not be liable: as if a man was bound
longa mnonilia, Ovid. Alet. x. 264; Bdttiger, Sabiina,  to give a thing and it was lost or destroyed, he
vol. ii. p. 129.)                                  was to bear the loss, if the fault was his, that is,
Very valuable necklaces were sometimes placed,  if real culpose mora could be imputed to him. (Dig.
as dedicated offerings, upon the statues of Minerva,  12. tit. 1. s. 5.)  In cases where a man did not
Venus, and other goddesses (Sueton. Galb. 18), pay money when he ought, he was liable to pay
and this was in accordance with the description of interest if legal Mora could be imputed to him.
their attire given by the poets.  (Hom. lylzin. i. in  In boinae fidei contractus interest (usurae) was
Je'n. 88.)   Horses and other favourite animals  due if there was legal mora.  (Vangerow, Ptanwere also adorned with splendid necklaces (castea,  dektenz, &c. iii. p. 188; Thibaut, Systemi, &tc. i.
Virg. Aens. vii. 278; genztmata sonailia, Ovid. MAet.  ~ 96, &c.; Dig. 22. tit. 1.)       [G. L.]
x. 113; Claudia, Epig. xxxvi. 9; A. Gell. v. 5).    MORA.  [ExERCITUS, p. 483.]
[Tl'onQuEs.]                           [J. Y.]       MLORTA'RIUM, also called PILA  and PIMONOPO'DIUM.  [MENSA.]                           LUTI  (Plin. H. N. xviii. 3; xxxiii. 26), (oXLsov:
MONOPTEROS.  [TEaIPLUAs.]                        h'ys8, Sclol. icn lies. Op. et Dies, 421; fySts, apMONOXYLON.  [NAVIS.]                             parently from the root of iccre, to strike), a mortar.
MONUMENTUM.  [FuNus, p. 561, a.]                   Before the invention of mills [MoLA] corn was
MORA.  The fact of an obligatio  not being  pounded  asld rubbed in  mortars (pistuthm), and
discharged at the time when it is due, is followed  hence the place for making bread, or the bakeby important consequences, which either may de-  house, was called pistrinuzo. (Serv. in Virg. Aee.
pend on the nature of the contract, or may depend  i. 179.)  Also long after the introduction of mills
on rutles of positive law.  After such delay the  this wals an indispensable article of domestic furnicreditor is emlpowered to use all legal means to  ture.  (Plaut. Aul. i. 2. 17; Cato, de Re Rtust. 74
obtain satisfaction for his demand: he may bring  -76; Colum. de Re Rust. xii. 55.) Hesiod (1. c.),
his action against his debtor or against those who  enumerating the wooden utensils necessary to a
Isave become securities for him, and, in tile case of fanrmer, directs him to cut a mortar three feet, and
lpledge, he may sell the thing and pay himself out  a pestle (hrcspom,, Kordavov,, pistillu2n) three cubits
of the proceeds of the sale.  For particular cases  lollg.  Both of these were evidently to be made
there are particular provisions: for instance, the  from straight portions of the trunks or branches of
purchaser of a thing after receiving it, must pay  trees, alld the thicker and shorter of them was to
interest on the purchasen money, if there is delay in  be hollowed.  Theey might then be used in the




MUNYCHIA.                                           MURUS. -                 769
manner represented in a painting on the tomb of sians at Salamis, and that it was held every year
Remeses III. at Thebes (see woodcut, left-hand  on the sixteenth of Munycllion.  (Compare Suidas
figure taken from Wilkinson, vol. ii. p. 383); for and Harpocrat. s. v. MourvXc6vr.)  The sacrifices
there is no reason to doubt that the Egyptians and  which were offered to the goddess on this day
the Greeks fashioned and used their mortars in the  consisted of cakes called a&/jwpVErTes, either besame manner.  (See also Wilkinson, vol. iii. p. cause at this season the full moon was seen in the
181, showing three stone mortars with metal pes- west at the moment the sun rose in the east, or,
tles.)  In these paintings we may observe the  as is more probable, and also confirmed by most
thickening of the pestle at both ends, and that two  authorities, because these cakes were adorned all
men pound in one mortar, raising their pestles round with burning candles. (Athen. xiv. p. 645;
alternately as is still the practice in Egypt. Pliny  Suidas, s. v.'AYcideraro: Hesych. and Etymol.
(H. N. xxxvi. 43) mentions the various kinds of Mag. s. v.'A/ucLp&v.) Eustathius (ad Iliad. xviii.)
stone selected for making mortars, according to the  says that these cakes were made of cheese. [L. S.]
purposes to which they were intended to serve.    MURA'LIS CORO'NA. [CORONIA.]
Those used in pharmacy were sometimes made, as    MUREX.  [TRIBuLUS.]
he says, "of Egyptian alabaster."  The annexed    MU'RIES.  [VESTALES.]
woodcut shows the forms of two preserved in the    MU'RRHINA VASA, or MU'RREA VASA,
were first introduced into Rome by Pompey, who
dedicated cups of this kind to Jupiter Capitolinus.
(Plin. I. N.  xxxvii. 7.)  Their value was very.M~~~ ~~i~    C                 great.  (Sen. de Benef. vii. 9, Epist. 119; Mar- tial, iii. 82. 25; Dig. 33. tit. 10. s. 3. ~ 4.) Pliny
(1. c.) states that 70 talents were given for one.../... \|holding three sextarii, and speaks of a murrhine
trulla, which cost 300 talents.  Nero gave even.300 talents for a capis or drinking cup.
Pliny (xxxvii. 8) says that these murrhine
vessels came from the East, principally from places
S                                          wE   A l X rXawithin the Parthian empire, and chiefly from Caramania. He describes them as made of a substance
i)/II,IA I I I I 7    1   A, formed by a moisture thickened in the earth by
heat, and says that they were chiefly valued on
account of their variety of colours. Modern writers
differ much respecting the material of which they
Egyptian collection of the British Museum, which  were composed.  Some think that they were vaexactly answer to this description, being made of riegated glass, and others that they were made of
that material.  They do not exceed three inches in  onyx, since that stone presents a variety of colours;
height: the dotted lines mark the cavity within  but the latter conjecture is overthrown by a paseach.  The woodcut also shows a mortar and  sage of Lampridius (Heliogab. 32), who speaks of
pestle, made of baked white clay, which were dis- onyx and murrhine vases.  Most recent writers,
covered, A. D. 1831, among numerous specimens of however, are inclined to think that they were true
Roman pottery in making the northern approaches  Chinese porcelain, and quote in support of their
to London-bridge (Arhclaeologia, vol. xxiv. p. 199, opinion the words of Propertius (iv. 5. 26):plate 44.)                                           "Murreaque in Parthis pocula cocta focis."
Besides the uses already mentioned, the mortar
was employed in pounding charcoal, rubbing it This opinion would be rendered still more probable
with glue, in order to make black paint (atramen.. if we could place dependence on the statement of
tum, Vitruv. vii. 10. ed. Schneider); in making  Sir W. Gell (Ponmpeiana, vol. i. pp. 98, 99), " that
plaster for the walls of apartments (Plin. H. N. the porcelain of the East was called Mirrha di
xxxvi. 65); in mixing spices and fragrant herbs  Smyrna to as late a date as 1555."  (Becker,
and flowers for the use of the kitchen (Athen. ix. Gallus, vol. i. p. 143.)
70; Brunck, Anal. iii. 51); and in metallurgy, as    MURUS, MOENIA  (Te7XOS), the wall of a
in triturating cinnabar to obtain mercury from it city, in contradistinction to PARIEs  (roXos), the
by sublimation.  (Plin. II. N. xxxiii. 41, xxxiv. wall of a house, and Melaceria, a boundary wall.
22.)                                  [J. Y.]    Both the Latin and Greek words appear to contain,
MOS.  [Jus, p. 657, a.]                        as a part of their root meaning, the idea of afisrm,
MO'THACES, MOTHO'NES (uagles, pdOew- strong wall; and they are nearly always used for
yes),  [CIVITAS, p. 290, b.]                     walls of stone or someother massive construction.
MUI2IA'NA  CAUTIO.  [CAUTIO.]                  A2lurus and re7Xos are also used for the outer wall
MU'LLEUS.  [PATRICIm.]                         of a large building.
MULSUM.  [ViNvsU.]                               We find cities surrounded by massive walls at
MULTA.  [POENA.]                               the earliest periods of Greek and Roman history,
MUNERA'TOR. [GLADIATORES, p. 574, a.]  of which we have any records.  Homer speaks of
MU'NICEPS, MUNICI/PIUM. [COLONIA; the chief cities of the Argive kingdom as " the
FOEDERATAE CIVITATES.]                 v;, walled Tiryns," and c" Mycenae the well-built
MUNUS.  [HONORES.]                            city" (II. ii. 559, 569), not only thus, as in other
MUNUS.  [GLADIATOREs, p. 574, a.]             passages, proving the common use of such strucMUNY'CHIA  (,uovmixia), a festival cele- tures in the Homeric period, but also attesting the
brated in honour of Artemis Munychia.  Plutarch  great antiquity of those identical gigantic walls
(de Glor. Ath. p. 349, F.) says that it was insti- which still stand at Tiryns and MIycenae, and
tuted to commemorate the victory over the Per- other cities of Greece and Italy.  In Epirus, in
3 D




770                MURUS.:MURUS.
Etruria, and in Central Italy, especially in the
valleys at the foot of the Apennines on their
western side, we find numerous remains of walls,
which are alike, inasmuch as they are composed
of immense blocks of stones put together without I A 
cement of any kind, but which differ from  one
another in the mode of their construction.  Three
principal species can be clearly distinguished:- 
1. That in which the masses of stone are of irregular shape and are put together without any
attempt to fit them  into one another, the interstices being loosely filled in with smaller stones;
as in the walls of the citadel of Tiryns, a portion                                           _l
of which is shown in the following engraving:- 
1            11S.   <                                             \                _.
" WM                 structions will be found engraved in some of the
works presently referred to.  We have only space
for these three characteristic specimens, one of each
class. Neither is it here possible, or at all necessary,
to discuss the opinions of ancient writers, most of
whom were content with the popular legend which
assigned these works to the Cyclopes, nor the
theories of modern scholars and antiquarians, who
(with some of the ancients) have generally referred. them to the Pelasgians.  The principal conclusions
~;_-.2.h/-  CNIU-+I-~ —-,  ~           to which Mr. Bunbury has come, from a thorough
examination of the whole subject, may be safely
regarded as correct: namely, that while in such
Another specimen of the buildings at Tiryns, of works as the walls of Tiryns we have undoubtmuch more regular construction, may be seen at  edly the earliest examples of mural architecture,
p. 125.                                            it is quite a fallacy to lay down the general prin2. In other cases we find the blocks still of ir-  ciple, that the unhewn, the polygonal, the more
regular polygonal shapes, but of a construction  irregular and the more regular rectangular conwhich shows a considerable advance upon the  structions, always indicate successive steps in the
former.  The stones are no longer unhewn (&p-yol progress of the art; and that it is also erroneous to
AL'oL), but their sides are sufficiently smoothed to  assign these works to any one people or to any one
make each fit accurately into the angles between  period; that, while such massive -structures would
the others, and their faces are cut so as to give the  of course be built by people comparatively ignorant
whole wall a tolerably smooth surface.  Examples  of the art of stone-cutting or of the tools proper for
of this sort of work are very common in Etruria.  it, they might be and were also erected in later
The engraving is taken from the walls of Larissa  times simply on account of their adaptation to their
in Argolis.                                        purpose, and from the motive of saving unnecessary
labour; and that the difference between the polygonal and rectangular structures is generally to be
ascribed not to a difference in the skill of the
workmen, but to the different physical characters
of the materials they employed, -  the one sort of
structure being usually of a species of limestone,
which easily splits into polygonal blocks, and the
other a sandstone, the natural cleavage of which
is horizontal.  (Bunbury, Cyclopaean Remsains itn
Central Italy, in the Classical Museumzs, 1845, vol. ii.
pp. 147, &c.; Muller, Archiiol. d. Kunst, ~~45, ] 66,
3. In the third species, the blocks are laid in  and the works there quoted  Stioglitz, Archiol. d.
horizontal courses, more or less regular (sometimes  Baukunst, vol. i. pp. 5-98; Hirt, Gesch. d. Bairindeed so irregular, thatrione of the horizontaljoints  kunst, vol. i. pp. 195, &c., and plate vii. from which
are continuous), and with vertical joints either  the foregoing cuts are taken; A/las zu KIgleer's
perpendicular or oblique, and with all the joints IKunstgeschlichte, Pt. ii. P1. 1;  Gibttling in  th.
more or less accurately fitted.  The walls of My-  Rhein. Alzus. 1843, vol. iv. pp. 321, 480, and in
cenae present one of the ruder examples of this  the Archiiologisclze Zeitung, No. 26;  Pompeii,
sort of structure; and the following engraving of vol. i. c. 4, with several woodcuts of walls; Abeken,
the " Lion Gate," of that fortress (so called from   llittellten vor den Zeiten roinischers Herrschlff,
the rudely sculptured figures of lions) shows also  a most important work, with numerous engravings
the manner in which the gates of these three spe-  of walls). -
cies of walls were built, by supporting an immense    The examples of the foregoing class lead us
block of stone, for the lintel, upon two others, for gradually to the regular mode of construction which
jambs, the latter inclining inwards, so as to give  prevailed in Greece after the time of the Persian
more space than if they were upright.  A  very  Wars, and which had been adopted in the walls
large number of interestin5, examples of these con. of temples much earlier.  In the long walls -of




MURUS.                                             MURUS.                    771
Athens, and the walls of Peiraeeus, the massiveness  the walls were to be faced with slabs of marble;
of the Cyclopaean works was united with perfect (3) when they are laid entirely lengthwise; (4)
regularity of construction.  The stones, which were  entirely crosswise; and (5) when the courses
so large that each was a cart-load (&auaiaeioi) were  are alternately higher and lower than each other,
accurately fitted to -one another ('i Tro/p iyyciEio0),  as in the round temple (of Vesta, so called) upon
and held together, without cement by metal clamps  the Tiber.  This temple also affords us an example
soldered with lead into sockets cut into the blocks  of what is called rustic-work, in which the stones
of stone.  (Thuc. i. 93).  The walls of the Par-  are bevelled at their joints, the rest of their surfaces
thenon, and the other great edifices of the period, being generally left rough.  This style of work
were of similar construction.  Sometimes wooden  originated, in the opinion of some, from the desire
plugs were used instead of metal clamps.  It is  to save the trouble of smoothing the whole face of
unnecessary to describe here the details of the  the stones; but it is more probable that it was
modes in which the joints were arranged in this  adopted in order to give a bolder and firmer apregular and massive masonry.  So perfect was the  pearance to the structure.  Examples of it are
workmanship at this period of the art, that the  found in the remains of several Roman fortifications
joints often appeared like a thread; and Pliny  in Germany, and in the substructions of the bridge
mentions a temple at Cyzicus, in the interior wall over the Moselle at Coblenz (R/sein. lMus. 1836,
of which a fine thread of gold was actually inserted  vol. iv. p. 310; Witzschel, in the Real-Encyclop.
in the joints of the masonry.  (H. Ar xxxvi. 15. d. class. Alterth. art. lHuri).  As by the Greeks,
s. 22.)                                            so by the Romans, walls of a commoner sort were
The materials employed at this period were  built of smaller quarried stones (caementa) or of
various sorts of stone, and, in some of the most bricks. Vitruvius (ii. 8) and Pliny (H. N. xxxvi.
magnificent temples, marble.  The practice of 22. s. 51) describe the following kinds of masonry,
putting a facing of marble over a wall of a com-  according to the mode in which the small stones
moner material was introduced in the next period  (caementca) were put together.  (The woodcut is
of architectural history.  The first example of it, copied from  the Abbildulnen zeu 1Wickelnzann's
according to Pliny (H. N. xxxvi. 6. s. 6), was in  Werke, Donaudschingen, 1835, fig. ]0.)
the palace of Mauso]us, the walls of which were of
brick, faced with slabs (crustae) of Proconnesian
marble (about B. c. 360).  Vitruvius (ii. 8) also _'    _
states this fact, and adds that brick  walls, when                                       i
perfectly perpendicular, are quite as durable as               r'-?,',
those of stone, and, in proof of this, he mentions
several examples of very ancient brick buildings,
both in Greece and Italy. (Comp. Vitruv. i. 42;
Parts. i. 42, ii. 27, v. 5, x. 4, 35; LATER.)
For buildings of a common sort, the materials       I  
employed were smaller stones, rough or squared, - -
or flints, as well as bricks: the latter, however,
were not nearly so much used by the Greeks as by'
the Romans.  The different methods of construction   I 
will be described presently.                   [                           -        I
The walls of smaller quarried stones or bridcks            1                         I   - 
were bound together with various kinds of mortar
or cement, composed of lime mixed with different    Besides the large square blocks of stone (0),
sands and volcanic earths.  T'he most durable of they used smaller quadrangular stones arranged in
these was the cement formed by mixing two parts  regular courses of equal and of unequal heights;
of 7T-eua Puteolana (Pzczzolana, a volcanic product, the former was called isodomnum  (M), the latter
which is found in various parts of Italy, besides pseudisodom:m? (L); in another sort of work, called
Puteoli) with one part of mortar: this cement had  enrplecton (G), the' outer faces of the walls only
the property of hardening rapidly under water:  were of wrought stones, the intermediate parts
it was much used in aqueducts, cisterns, and such  being filled up with rough stones, but these, in the
mworks. (For further details on cements, see Vitruv.  Greek method of construction, were well bedded
ii. 5, 6, v. 12, vii. 2; Plin. HI. N. xxxvi. 23. in mortar, and arranged with overlapping joints,
s. 52, 55; Pallad. i. 10  14; Strab. v. p. 245; and the. wall was bonded together with stones laid
Dioscor. v. 133),                                  across at intervals, which were called  asi'rovoL (F);
The history of Roman masonry is not very dif- but the workmen of the time of Vitruvius were in
ferent from that of the Greek.  The Cyclopean re- the habit, for the sake of despatch, of running up
mains of Italy have been already noticed.  The  the outer walls separately, and then filled the
most ancient works at Rome, such as the Ca-cer  middle space with loose rubbish, a sort of work
2coumertisus,  the Cloaca MaximsZa, and the Servian  which Pliny calls diamsicton. The excellence of
Walls, were constructed of massive quadrangular  the cement which the Romans used enabled them
hewn  stones, placed together without cement, to construct walls of very sinall rough stones, not
[CLOACA.]  In most of the remains, the stones are  laid in courses, but held together by the mortar;
twice as long- as they are high.  Canina (Arch.  this structure was called opus incertum (N).  An
A ntiq.) distinguishes five species of Romanmasonry;  improvement upon it in appearance, but inferior in
namnely, (1) when the blocks of stone are laid in  stability, was the op6us reticulatum, of which there
alternate courses, lengthwise in one course, and  were two kinds, the like (K) and the unlike (I).
crosswise in the next; this is the most common; (2)  This sort of work was composed of stones or bricks,
when the stones in each course are laid alternately  from six to nine inches long, and about three inches
along and across; this construction was usual when  square at'the end, which formed the faces of the
D) 2




712               MURUS.                                          AMUSICA.
vall, the interior being filled in with mortar and  each other, and upon them were fixed little pillars
small tough stones.  Vitruvius complains of these  five feet high.  Their top-ends were joined by
wtalls as being  apt to split, on account of their transverse beams, which formed a gentle slope on
having neither horizontal courses nor covered joints.  either side of the roof of which they formed the
Another structure of which the Romans made  frame-work. The roof was then entirely covered
great use, and which was one of the most durable  with pieces of wood, two feet broad, which were
of all, was that composed of courses of flat tiles (H). fastened with metal plates and nails.  Around the
Such courses were also introduced in the other edge of this roof square pieces of wood, four cubits
kinds of stone and brick walls, in which they both  broad, were fixed for the purpose of keeping toserved as bond-courses, and, in the lower part of gether the bricks and mortar with which the
the wall, kept the damp from rising from  the  muisculus was then covered.  But that these mateground.  Brick walls covered with stucco were  rials, which were intended to protect the musculus
exceedingly cotrmon with  the  Routans: even  against fire, might not suffer from water, the bricks
columns were made of brick covered with stucco; and mortar were covered with skins; and that
we have an example in the columns of the basilica  these skins again might not suffer from the fire or
at Pompeii, the construction of wlfiich is explained  stones which the besieged might throw upon the
in Pompeii, vol. i. p. 136.  In hot countries, as in  musculus, the whole was covered with rags of cloth.
Africa and Spain, walls were built of earth rammed  The whole of this machine was constructed under
in between two faces or moulds (tabulae, formzae), the cover of a vinea, and close by the Romnan
which were removed when it hardened; they  tower. At a moment when the besieged were least
were called parietesformacei; and Pliny mentions  expecting any attack, the musculus was moved on
watch-towers of this construction, built by Han- against the uwall of the town.  The men engaged
nibal, on the mountains of Spain, which still stood  under it'immediately began to undermine the wall
firm. (H.N. xxxv. 14. s. 48.)  Walls of turf and thus to make a breach in it; and while this
were chiefly used  in  the ramparts of camps work was going onl the besiegers kept up a lively
(AGGER,VAL.LMt) and as embankments for rivers. fight with the besieged in order to prevent themn
With respect to the use of v mlls as fortifications, from directing their attacks against the musculus.
we have not space to say much.  The Cyclopean  (Compare Caes. de Bell.'Civ. iii. 80, de Bell. Alex.
walls of Tiryns, &c., had no towers; but Homer  1.)  The musculus described by Caesar was evirefers to towers on the walls of Troy:; and in the  dently designed for different purposes than the one
historical period we find that it was the practice to  mentioned by Vegetinls, and the former appears to
futrnish walls with towers at regillar intervals. have been only a smaller but a more indestructible
Some writers on military affairs recommend them  kind of vinea than that commonly used. (Lipsius,
to be placed at salient angles of the walls, in order Poliorc. i. 9; Guichard, Ilflieoimes Milit. ii. p. 58.
to command the intervening spaces, whilst others tab. 2.)                              [L. S.]
object to this position on account of the increased    MUISEIA  (Movsrta), a festival with contests
exposure of the tower itself to the battering ram. celebrated at Thespiae in Boeotia in honour of the
The account which Thucydides gives, in his se- Muses. (Paus. ix. 31. ~ 3.)  It was held every
cond book, of the siege of Plataeae, is an inter- fifth year and with great splendour. (Plut. Amatos.
esting exhibition of the state of the science of p. 748, F.)  From  Aeschines (c. minzarch.) it apfortification and attack at the period of the Pelo- pears that there was also a festival called Musein,
ponnesian war.  Much was done to advance it by  which was celebrated in schools.       [L. S.]
the architects and engineers of the time of Alex-    MUSE'UM  (Movoe7iov) signified in general a
ander and his successors.  The rules which have  place dedicated to the Muses, but was specially
been established by the time of the Roman em-'the name given to an institution:at Alexandria,
perors may be seen'exhibited in detail by Vitruviuts fo-inded by Ptolemy Philadelphuts, about B. c. 280,
(i. 5), and the wrftei's on military affairs, and il- fot the promotion of learning and the support of
lustrated by the imiains of the walls of Pompeii. learned men. (Athen. v. p. 203.) We learn from
(Pompeii, vol. i.  pp. 66, &c.)  The system  may  Strabo (xviii. p. 794) that'the museum  formed
be described en a: fbw words as a broad teorace of part of the palace, and that it contained cloisters
earth (Agnew),encldsed between two battlemented  or porticos (7repl7raros), a public theatre or lecturewalls and furnished with towers, two, three, or room  (E'ispa), and a large hall (oeicos ACyas),
more stories high, communicating by arched door- where the learned men dined together.  The muways with the agger, and also having a sally-port. seum was supported by a common fund, supplied
These towers were at distances, on the average, apparently from  the public treasury; and the
of the cast of a javelin, but varying according to  whole institution was under the superintendence
the greater or less exposure of each part of the  of a priest, Wiho wVas appointed by the king, and
waill.  Respecting tie gates, see PORTA.  [P. S.] after Egypt became a province of the Roman emMU'SCULUS'ivas, according to the description  pire, by the Caesar.  (Straba, 1. c.)  Botanical,of Vegetius (de Re Mfilit. iv. 16), one of the  and zoological gardens appear to have been at~
smaller military  machines, by which soldiers in  tached to the museum. (Philostr. Apollonz. vi. 24;
besieging a town werie protected while engaged in  Athen. xiv. p. 654.) The emperor Clandius added
filling up the ditches round the besieged place, so  another museum to this institution.  (Suet. C'Glud.
that the moveable towers (turres amnbilatoriaee) of 42, with Casaubon's note.)
the besiegers might be able to approach the wals    MU'SICA  (a /uovoL lfc), signified in general
without obstacle.  A  minute description of a  any art over which the Muses presided, but is someunlsculos is given by Caesar (de Bell. Gai. ii. 10, times employed to indicate Misic in the modern
&c.). The one Which he describes was nine feet acceptation of the term. 1. GREEI. In compiling
long, and Yeas Constructed in the following man- the following article little more has beenl attempted
ner: - Two beams of equal length were placed  than to give an outline of facts which rest upon posi-' pooh the ground at the distance of four feet from  tive evidence, and at the same time to present them




MUSICA.                                            MUSICA.          M        773:
in such a form as to serve for an introduction to the than the fourth, employed in Greek music wereoriginal sources.  Hence it necessarily consists in  the double tone -(iTrovov), nearly equal to the
a great measure of technical details, which, how- modern major third; the tone and half (rptn!ls-re'ever, can present no difficulty to persons acquainted  vyov), nearly the same as the minor third; the
with the first elements of the modern theory; tone (Trvos), equal to the modern major tone; the
and nothing has been said in the way of deduction, half tone (7ltr druov) and the quarter tone (aseois).
except in one or two cases where the interest of (Eucl. p. 8.)  Other writers speak of L6uoeovla or
the subject and the apparent probability of the unison, &aTLrCOwvia or the consonance of the octave,
conclusions seemed to permit it.                  and 7rapapewvna or the consonance of the fourth and
The term'ApIuoVLICr was used by the Greek  fifth.  See Arist. Probl. xix. 39, and Gaudentius,
writers to denote what is now called the Science of p. 11. The latter author considers arapapwvs'a to be
Music; uovitrac6 having, as has been already re- intermediate between consonance and dissonance,
marked, a much wider- signification.'Ap?/ovuca  and mentions the tritone or sharp fourth as an exE0tFvLy E7re7`T/1L7  aeOWpTl7KJ {cal 7rpastirfcl T7s'roO ample of it.
7pgoo'-eEvou  6eooaEs.'HpgoeE'vo.v ae   eryv -b h  If two strings, perfectly similar except in length,
4pBoTyycov Kital Saree?-sdruov, 7rota'v rtcdv EXd'osor,  and stretched by equal tensions, be made to vivycsxelrevov.  (Euclid. Int. Harm. p. 1.)        brate, the number of vibrations performed in a
The following sevenfold division of the subject, given time by each is inversely proportional to
which is adopted by the author just quoted, ais well its length; and the interval between the sounds
as by others, will be partly adhered to in the pre- produced is found to depend only on the ratio of
sent article:- I. Of Sounds (7respl q40dycywv). II. the lengths, i. e. of the numbers of vibrations. Thus
Of Intervals (7resp! &aOo`r',4tTv). 111. Of Genera   if the ratio be -1 the interval is an octave, -
(7repl 7yE&wv).  IV. Of Systems (repi YV0TrTa,   if,,          I                a fifth,
roWv).  V. Of Modes (repi T-dvou).*   VI. Of   if,,    {:,,       a fourth,
Transition (rsepl uEs-ranoAXs).  VII. Of Composi-   if,,.,,       a major tone.
tion (rep}l etXo0rodLas).
Atin (sre~p ghound issarostobe  whens).  ithasade-The discovery of these ratios is attributed, protermnate sound is said to be ).sical when to oundit has a differ bably with truth, to Pythagoras. But the accounts
te i  more acute ( ) the  of the experiments by which he established them
in pitch, one is said to be more acute (469), the  (see Nicomachus, p. 10) are plainly false, since
other more grave (I3apes): or, in common language, 
oneis called hrihe  and te oth er lo.  they contradict the known fact that when similar
one is called higher  anrd the other lower.    The
andl equal strings are stretched by different tensions,
term    applied to a sound either signifies the number of vibrations are as the square roots of
simply, that it is capable of being used in a melody; the tensions.  (See Whewell's Dynamics, part ii.
or relatively, that it is capable of being used in the  p 331 ed. 1834.)
same melody axith some other sound or system of    The  O'So or tone was defined to be the difsounds; the latter is its most common meaning.    ference between the fourth and fifth; so that the
An Interval is the difference or rather distance  corresponding ratio would be determined either by
between two sounds of different pitch.  When we
experiment, or by simply dividing 3 by -~
compare the intervals between two pairs of sounds,  experiment, or by simply dividing.3 by 
we judge them  in certain cases to be similar, or enumerated  aboe  that  each of     the f   our ratios
2D                        >     > 1'. enumerated above is safeTa}rticular *; i. e. the two
equal.  If the more acute sound of one of them be
then raised, that interval is said to become greater ms of each differ from  one another by unity.
greatr.And all- tbe intervals employed in the modern
than the other.  It is this property of intervals   theory are either such as correspond to serp
(their being comparable in respect of magnitude) tcular ratios, or are produced from such by com*..         1.  1,            ticular ratios, or are produced from such by comwhich enables us to classify them, and enumerate  pounding them with the octave.  Thus the ratio
their several kinds.
their several kinds.                          corresponding to the
Intervals are either consonant (oedpeowva) or dis-  e
sonant (t&cbeova), according as the two sounds may               major third    is 4
minor third      6A_
or may not be heard at the same time without                     mnor third,, 
offending the ear. (Eacl. p. 8.) Strictly speaking               minor, tone    -
it is impossible to define the limit between the two             major semitone,,:'classes, and this seems to be acknowledged by the  It seems therefore  extraordinary, that analogy
later writers, who distinguish various degrees of should not have led at once to the discovery at
consonance and dissonance.  Originally, the only  least of the major and minor third, as soon as the
intervals reckoned consonant were the Octave or connection between intervals and ratios had been
eighth (ad anranciv), the Fifth (iai  7rErw're  or 8' observed.  However no such discovery was then
-seciiv), the Fourth (oaia Tsireap mwv' or svAX ag) ), made, or if made it was neglected; and this affords
and any interval produced by adding an octave to  at once an explanation of the fact that intervals
one of these. But all intervals less than the fourth, less than the fourth were reckoned dissonant: for
or intermediate between any two of those just the at-covy, or double major tone, is greater than
enumerated (as the sixth, tenth, &c.), were con- the true consonant major third (which consists of
sidered as dissonant.  The principal intervals, less  a major and minor tone) by an interval expressed
by the ratio  1; a difference quite sufficient to de* Trsvo is used in several different senses. First.
it signifies degree of tension, and so pitch, whence    * Euclid seems to consider no intervals consoits application to denote mode, the modes being  nant except such as correspond to superparticular
scales which differed in pitch: and then it is taken  (&erildpios) or multiple (7rohaa7rkAac'ryi) ratios;
for result of tension; whence its meaning as the  the latter being such as,,,  &c.  On this
name of an interval, tone, because a tone is the in- theory the octave and fourth (8) would be disterval through which the voice is most naturally  sonant, but the octave and fifth (3) consonant.
raised at one effort. (See Aristid. p. 22; Eucl. 19.) (See Eucl. Sect. Can. p. 24.)
3D 3




774               MUSICA.                                          MUSICA.
stroy the consonance of the interval. In fact, when  tones occur alternately.  (See Crotch's Elements
a keyed instrument is tuned according to the equal of Alusical Composition, chap. ix.)  The interval
temperament, the major thirds are too great by an  called a semitone in the above descriptions is
interval little more than half of this (I7- nearly), therefore strictly neither equal to the modern major
and yet are only just tolerable.  This subject is  semitone, nor to half a major tone, but the ear
important, because it bears immediately upon the  would hardly appreciate the difference in mselodyu.
question whether harmony was used in the Greek     Besides these genera, certain Colours (Xp6al) or
music.                                           specific modifications of them  are enumerated.
\ An aggregate of two or more intervals, or rather  (Eucl. p. 10.)
a series of sounds separated from one another by    The Enharmonic had only one Xpoa, namely,
intervals, constituted a system.  Systems were  the genus itself as described above: it is commonly
named from the number of sounds which they com- called simply &poovia.
prehended.  Thus an octachord was a system  of    The Chromatic had three: Ist. Xpc74sa  roiatov,
eight sounds, a pentachord of five, and so on: and  or simply XpfiAa, the same as the genus; 2nd.
usually, though not necessarily, the number of Xpjoua 6u6lxlov, in which intervals of three-eighths
sounds corresponded to the interval between the  of a tone were substituted for the two semitones;
two extreme sounds.                              3rd. Xp/ua 1aAaaitcv, in which intervals of one
The fundamental system  in ancient music was  third of a tone were similarly employed.
the tetrachord, or system of four sounds, of which    The Diatonic had two Xpoat: 1st. adiToYoVl
the extremes were at an interval of a fourth.  In    vTro'vov,, or simply  aiLdroTo, the same as the
modern lmusic it is the octachord, and comprehends  grenu~'; 2nd. l8droov sUaAaKo'n, in which an inan octave between the extremes.  The important terval of three-fourths of a tone was substituted for
and peculiar property of the latter system, namely, the second semitone (ascending).
the completeness of its scale, was fillly understood,    The following table will exhibit at one view
as the name of the interval &ia 7raeuv' sufficiently  the intervals between the sounds of the tetrachord,
indicates (see also Aristides, pp. 16, 17), but it was  taken in the ascending order, according to each of
not taken in theory for the foundation of the scale; these Xpo'a, the tone being represented by unity,
or at any rate was considered as made up of two  and two tones and a half being supposed to make
tetrachords.                                     up a fourth, a supposition which is not exactly
The Genus of a system depended upon the dis- true, but is commonly adopted by the ancient
tribution of the two intermediate sounds of the  writers as sufficiently accurate for their purpose.
tetrachord.  The Greek musicians used three Ge-  (See Eucl. Sectio Canonis Tlmeor. xv.)
nera:-                                           I. Diatonic.... 1.otdOrovo (arToYov) 1,, 1.
I. The Diatonic, in which the intervals between, 1
tle four sounds were (ascending), semitone, tone,                      ar, 2, 4.
II. Chromatic    1. Xp.  ua ('ovLa-ov) * - I`
tone:-                                                              2. Xpaua 1ui'ALoY       
2. XpSoya cSamcol'. -, k,al.
III. Enharmonic. a&povia......, ~, 2.
There seems to be little evidence that any of
the Xpdam were practically used, except the three
principal ones, &Ldrovop, Xp",ca, &aplmovia.  But it
In. The Chromatic; semitone, semitone, tone, would be wrong to conclude hastily that the others
would be impossible in practice, or necessarily unpleasing.  In the soft Diatonic for instance, the
interval which is roughly described as five-fourths
of a tone would be greater than a major tone, but
less than a minor third; now there are two intervals of this kind corresponding to the supeouarIII. The Enharmonic; diesis, diesis, double  ticular ratios A- and 7, which ought therefore by
tone: —                                          analogy to be consonant, or at any rate capable of
being employed as well as the tone and semitone;
and although they are not used in modern music,
or at least not admitted in theory*, nothing but
x 4  -experiment can determine how far the ear might
become accustomed to them.  If. this view be cor(The second note is meant to represent a sound  rect, the intervals of the tetrachord in the 8,Mironvo
half way between E and F, for which the modern  tmaAucdv would probably correspond to the ratios
system supplies no notation.)                    }4,'13-, 8, and similar considerations might be apOf these genera the Diatonic was allowed to be  plied to the other Xpoat.
the most ancient and natural, and the Enharmonic-    The four sounds of the tetrachord were distinthe most modern and difficult; the latter however  guished by the following names:  ordcs — (sc. Xopa')
seems soon to have become the favourite with  was the lowest; mvr57  or Vedim- the highest; 7rapvtheorists at least, for Aristoxenus complains that all
writers before his time had devoted their treatises    * See Smith's Harmonics, sect. iv. art. 10. These
almost entirely to it, to the neglect of the two  intervals exist in the natural scales of the horn,
others.  (Aristox. pp. 2 and 19.)                trumpet, &c., and are in fact used, instead of the
The only difference between the ancient and  minor third and tone, in the harmony of the domimodern Diatonic is, that in the former all the tones  nant seventh, both by stringed instruments and
are major tones, whereas in the latter, according  voices when unaccompanied by tempered instru.
to the theory generally admitted, major and minor  ments.




MUSICA.                                            MUSICA.                   7'5
w7rac  the lowest but one, and 7rapaVljfr the highest or Pythagoras), would give an octachordal lyre
but one.  IapaYrvT?7 was also frequently called  with a complete octave for its scale.  And an inAlXavod, probably because in some ancient instru- strument called mnagadis, which must have had a
ment the corresponding string was struck by the  still greater compass, was very early known, and
forefinger; and irapv7rar,'q was afterwards called  is said to have had twenty strings as used by
-rpti77 in certain cases.  These names were used in  Anacreon. (See Bickh, de.Metr. Pind. lib. iii.
all the genera; but the name of the genus was cap. 7, 11.)
conlmonly added to XLXavbs (thus hNXavbs 8tTov5OS,    When two tetrachords were joined so that the
Xpwloa,rucL  or'eyap/ultlos), perhaps because the  highest sound of one served also for the lowest of
position of this sound with respect to v7ra'cr/ and  the other, they were said to be conjunct avvylq1'r?7i is what chiefly determines the elcaracter of puia).  But if the highest sound of one were a
the genus.  When the two lowest intervals of the  tone lower than the lowest of the other, they were
tetrachord taken together were less than the re- called disjunct (aeSev-yue'Va), thus
maining one, those two were said to form  a condensed interval (rvvKvov).  Thus the interval be-            BCDEF G A    conjunct.
tween v'ra'cr-   and AXavos is 7ruvOs'  in the Enharmonic and Chromatic genera. The three sounds             E F G A. B C D E disjunct.
of the 7rvKvbv were sometimes called f3apvirvmKves,
peso7ruvcvos and  Uvrr,7mdncs, and sounds which did    In the  latter case the tone (between A and B)
not belong to a 7rutcvoI  were called a7rvcKvo.    which  separates them was called'r1vos 7a)SVcTIt is not to be supposed that the tetrachord  VcS. (Eucl. p. 17.)
could long continue to firnish the entire scale used    A  hendecachordal  system, consisting of three
in practice, though it was always considered as the  tetrachords, of which the  middle one was conjunct
element of the more comprehensive systems which  w     the lower but disjunct from the upper thus
gradually came into use. The theory of the genera,.                 -
as has been seen, required only the tetrachord for           B C D E F G A B C D E,
its full development, though it certainly could not is supposed to have been used about the time of
have been invented till after the enlargement of Pericles. (Bickh.)  In such a system the lowest
the scale.                                        tetrachord was called (-rseTPXop3o') i7raT'rin, the
Terpander is said to have invented the seven- middle  e'uIowv, and  the  highest 8eCev-yywE-'c.
stringed lyre (Eucl. p. 19), which seems not to  Afterwards a single sound (called 7rpoaoAalsavdhave been obsolete in Pindar's time (Pyth.. ii. 70); peisos) was added at an interval of a tone below
its scale consisted of an octave with one sound  the lowest of viraT&b, and a conjunct tetrachord
omitted.  (Arist. Prob. xix. 7, 25, 32.)  The ad- (called v7reproXafLwv) was added above. And thus
dition of this omitted sound (attributed to Lycaon  arose a system of two complete octaves,
which was called the greater perfect system.  An-  virar'v, pE'wcv,,-and ausurcnuwvz,' with irpooacag.
other system, called the smaller perfect system, was  cavo evos, thus,
composed of three conjunct tetrachords, called
and these two together constituted the immutable  So far the sounds are common to the greater and
system (6&Ortya asEcEioXsoO) described by all the' smaller systems.  Then follow, in the greater,
writers later than Aristoxenus, and probably known    B   7rapa/eA'ar
to him. (Eucl. p. 17.)                               C   rpi!Tr- 8eeVyIe'v 1WY
The sounds in these systems were named in the   ID  7rapaVsrT  eESev'yEv1wOV    T 
way before described, the names of the tetrachord    E  Vs7Tl 8LEEV7Yje'VCV
only being added, and yem   and  Frapape'rs being    F'pt'Th dvi7repoXacwv 
substituted for'r1  isesWe and dr&'r1 6esevUY-    G   7rapav~    V7r arepoXaLct)or
diswov respectively.  Thus, taking the sounds in    A   s*TX V7pfoAaeWV
the ascencding order,                                The interval between pdE',  and 7rapacsE'Lsr  is a
A   7rpooXaAacef J'AElw Vo                      tone.  But in the smaller system /z'dro serves also
B   Vin7r577 vu7raTcv                           for the lowest sound of the tetrachord ovmr/c/qs'vAwv,
C   urwapvmrd v?7ra~Ci }    TeTpadXopovY        which terminates the scale, thus
D   XrLXOYS  A7asrC       Iraraiv                     A      E'san
F   srapvca7raiT j ecv.        bB   rpiTm  suVsy'EiuLAyVyW.
F    2Atarbs!p s rwo rd~T. pEo'CVV.                  C   zrapa'Tr i7  rvV7Lt/EsVicOV.
A                                                          is  JD   viTr'q'TXrvu A,6pev'sV.
3 D 4




776                MIUSICA.                                           AMUSICA.
In adapting the mo.dern notation to these scales, in fact it is evidently the most natural of the two.
we have represented them in the Diatonic genus; But it must not be supposed that it was necessarily
but the same arrangement of the tetrachords was used in its complete form as the scale of any inadopted in the others.  Those sounds of the im- strument;  it was rather a theoretical canon by
mutable system  which were the same in all the  which the scales really employed were constructed.
genera, namely, 7rpooaAapeav4pevog, 7rdrs' -ronras'v, With regard to its fitness for use, it may be obv7rw4T? pyeL'ov,  re-, 7rapaEiGo', vwTl sovvymestJE' z;v, served that in the Diatonic genus the effect of such
V4rT  BLES feEJv'yoIrv, and vTr  iv7reppoAatcwv, were  a system would not perceptibly differ, so long as
called fixed (ioc~r&ss),  being in fact, except the  nzelody only was required, from that of the correfirst, the extreme sounds of the several tetrachords. sponding notes (given above) as played on a moThe rest, being the intermediate sounds, on the  dern instrument with or without temperament.
position of which the genus depended, were called  The Chromatic scale is quite unlike 4 anything
movable (tcitroLevot).                            now employed; and though it was not considered
Meor7 was certainly considered a sort of key note  the most difficult, was certainly the least natural.
to the whole system  (see Arist. Probl. xix. 20), (TexvcIKorCTaov 8e'ro XpWjEa, Aristides, p. 19.)
and 7rpooXajuavi/vLesos     was added to,complete the  But it is impossible to form a decided judgment of
octave below i/.r/1. (Aristides, p. 10.)  This ad- its merits, without a much greater knowledge of
dition is supposed to have been made later than  the rules of composition than seems now attainable.
the time of Plato, but earlier than Aristoxenus. The effect of the Enharmonic must have been
(Bdckh.)                                           nearly the same as that of the Diatonic, supposing
The greater of the two systems thus described  lXXavbs to be left out in each tetrachord, thus:
appears to have superseded the other in practice;
Indeed Plutarch relates, on the authority of Aris- l easily proved by the popular experiment of playing
toxenus, that Olympus was led to the invention of on the black keys only of a pianoforte.t
this genus by observing that a peculiar and beau-    The Genus of a system was determined, as has
tiful character was given to melody when certain  been explained, by the magnitude of certain of its
notes of the scale, and particularly uXeavbs, were  intervals.  The species (eTos) depended upon the
left out. (See Plutarch's Dialogue on Music; Misn. order of their succession.  Hence, supposing no
de l'Acad. des Inscriptions, vol. x. 126.)  It is system to be used which was not similar to some
therefore most probable that this was the originl1 part of the o'- rs u &juercdioovr, every system
form of the Enharmonic scale, and that it was more, would have as many species as it had intervals,
ancient than the highly artificial Chromatic.  In' and no more. (Eucl. p. 14.)
this form it would be both natural and easy.  But    The tetrachord, for example, had three species
afterwards, when additional sounds were inter- in each genus thus (Diatonic),
posed between B and C, E and F, it would of    1st. -, 1, 1.  2nd. 1,, 1.  3rd.  1, l,.
course become, as it is always described, the most (where 1 stands -for a tone).
difficult of all the Genera, without however ceasing    The species of a system was often described by
to be natural: for these additional sounds could  indicating two sounds of the ow?'sT/a a/'esrc-ioAo
certainly be neither used by a composer nor exe-'between which a similar one might be found.  Of
cuted by a singer as essential to the melody, but the seven species of the Octachord, the first was
must rather have been introduced as passing or exemplified by the octave comprehended between
ornamental notes, so that the general effect of the  v6rar-r  viraTcv and 7rapags-1r6: the second by that
genus would. remain much the same as before. between 7rapuvrdoirl vragr&v and'pL'-  ILE EevUyE'The assertion of Aristoxenus (see pp. 28, 53) that vesw: and so on.  The order of the intervals in
no voice could execute more than two quarter tones these seven species would be as follows in the
in succession, evidently supports this view.*  Thus Diatonic genus (ascending);
the Enharmonic would derive its distinctive cha1st. -}   1,  l,,   1,  l,  1
racter more from the largeness of the highest in-,  1   1
terval of the tetrachord than from the smsallness of,,  1,  1, 
the two others.  Aristoxenus (p. 23) expressly
mentions the important influence which the magnitude of the inter.val between AlXXevis and svr47    * The modern minor scale, A, B, C, D E, a F,
had upon the character of the genus, and blames  9 G, A, can hardly be considered an exception to
the musicians of his own time for their propensity  this assertion, for its essential character, as now
to diminish this interval for the sake of sweetness used, depends so little upon the Chromatic interval
(croupo d' la'  o'rlo /B3oiAsacul'yv aSelVEL Vidc).  between F and: G, that this peculiarity is usually
That a peculiar character really is given to a  got rid of in melody by raising the F or lowering
melody by the occurrence of a larger interval than  the: G, according to circumstances.  Hence the
usual between certain sounds of the scale, is a well popular but incorrect way of representing the
known fact, exemplified in many national airs, and ascending and descending minor scales. (See
Dehn, Theoretischl-praktische Harmonielehre, pp. 67,
* Compare what is said (Aristid, p, 28) of the    t See Burney, vol. i. p. 27, on the Old Ensar,are use of intervals of three andfive quarter tones. monic.
~ I




MUSICA.                                            MUSICA.                    777
4th.;,  1,  1, 1,  l3,  1,  1             this view of them, and consider the quarter tones
Sth. 1,  1,  1, -;,  1,  1,;1            as unessential additions, it seems quite impossible
6th. 1,  1,,, 1, I, 2  1              to understand how they could be used at all.
7th. ], -;,  1,  1,;,O  1,  1              The difference  of species; considered as the
This distinction  of species is importnt, because  characteristic distinction of modes, is evidently
it formed originally the chief difference between the  spolen of as a thing antiquated and obsolete, not
modes (Tu'VOI).  Unfortunately there are no means  only by Aristides (who vwas certainly later than
of determining what was the real difference be-  Cicero, see p. 70), but also by Euclid.   As to
tween melodies written in these several scales; and  Aristoxenus, the fragments which remain of his
the diffic-ulty of forming any probable hypothesis  writings contain no allusion to such a distinction
on this subject is increased by what is said of    at all.  In hias time it appears that the number
in the passage quoted above from  the Aristotelic  of modes was thirteen; ald later writers reckon
Problemata,  I&l'-era -yp T& XP'00 1-T&  YEX-rox- a -  fifteen. (Euclid. p. 19; Aristid. pp. 23, 24.)  The
is'  ypen)   XPr ~, eael ra vres of CYa~eOe lron7r7al descriptions of these fifteen modern modes are very
sruviea  lrphrs T?70V ses1rV  ararZsTWlO   Sca  a~E-  scanty, but they indicate pretty plainly that they
cw/l, IaJv ewavepXorar,             were nothing more than transpositions  of the
Owti, raXV EieravpXovraa, 7wpr 6i 6NXijs' osrwes
o8Eyi~av.  For since the position of peaq wals de- greater perfect system; their names were Hypotermined (Euclid. p. 18) by the intervals adjacent dorian, iHypoian, Hypoplas    gian, Hyponeolian,
to it, any series of sounds beginning or ending with ypolydian,,  Dorian, Iastian, Phrygian, Aeolian,.utrE7 would give a system  always of the same  Lydian, Mixolydian,  yperiastian, Hyperplrygian,
species.  Possibly the author of the Problemata  Hypereolioan, Hyperlydian. The Hypodorian was
does not use the term sued71 in the same sense as the lowest in pitch, and the 7rpoffayuavwrYer  of
does not use the term         i tuclid.hesame sense as the others were successively higher by a semitone;
End only that part of each scale was used which
However it is certain that the seven species of and only   that part of each scale was used which
the Octachord  above described were anciently            ithin the compass of the oice.    t see
(dio'rWiy hpXayeiu, Euclid. p. 15) denoted by the  likely that the ancient modes mentioned by Euclid,
narmes hMixolydian, Lydian, Plrygian, Dorian, land described above, consisting of octachords taken,
IHypolydian, Hypophrygian, and Hypodorian; and  as regards their speeies, from different parts of the
it seems likely that they always differed in pitch  eveT71ha hiseadfoAoe, would, as regards pitch, be
as well as species, the Mixolydiall being the highest, each so  laced as to lie between mhrri pfouV  and
V/1T? 31-CEV'[EeuVCzVV of the modern mode of the
and the Ilypodorian the lowest.  Hence it is conjectured that there were originally only three  same name.  For they certainly did always differ
modes, corresponding to the three species of tetra-  in pitch, as the name rOe'os shows; and there is no
chord, and that these were the Dorian, Phrygian, reason to believe that their relative position was
and  Lydian; because the Octachord in each of ever changed: the system  of notation, moreover,
these three modes is made up of two similar dies  confirms this supposition.  But for details on this
junct tetrachords, which are of the first species in  (iii 8), we  it refer to the dissertation of B
the Dorian, the second in the Phrygian, and the iii. 8), where it is treated at length. The only
third  in the         PLydiaan.                    important results, however, are, first, that the
Aristides describes also six ennaarsonic modes  modes did anciently differ in species; secondly,
of very ancient origin (als os enruv o mreiacorres  that in process of time this difference either disapwrpos rams hpgosias t cEXp7qv'ar, p. 21) consisting of peared entirely, or ceased to be their distinguishing
different species of octachords, and quotes the well mark; and, thirdly, that their general pitch was
known passage in Plato (Rep. iii. c. 10) as refer- always different.  The ideas conveyed by these
ring to them.  The order of the intervals is given  generl assertions of the rel character and effect
as follows (see the notes of Meibomius upon the          Greek music are excessively vague and unpa~ssage): -                                       satisfactory; but an examination into particulars
does not tend to make them  at all more definite
Lydian..,,   2,  1,  I,,  2,  ~.         or clear.
Dorian.. 1,,,      2,  1,,,  2.    There can be little doubt that different rhythms
Phrygian      ] i,,,  2,  1,  I,  4,  1.  and degrees of slowness or quickness, as well as
lastian.. 1,,  2,  1-, 1.                different metres and styles of poetry, would soon
Mixolydian. 1, ~,  1,  1,  i,  1   3.          be appropriated to the modes, so as to accord with
Syntonolydian, I,  2,  1a, 2.               their original musical character; and these difIt will be observed that these scales do not all ferences would in time naturally supersede the old
distinction of species, and come to be looked on as
cp rehend exactly an is coincident with and none rt of th their characteristic marks; so that at length all
except the Lydian is coincident with any part of
~the s a   a~ohoy  None of th~em  is de-  the species might even be used in each mode, for
the sake of additional variety.  With regard to
cidedly unnatural, except perhaps the Mixolydian.  the           sake of additional variety.  th  regarticular
Of course it is impossible to recognise their charac- measures were considered appropriate to different
ters as described by Plato, in the absence of exam- measures (Plat. Leg. ii. p. 670), and propriate to differen
ples of their application in actual melody.  Their  bn  attempted  to  divide Pindar's Odes into
principal interest therefore consists in the evidence  Dorian olian  and Lydian.  (ickhiii. 15.)
which they afford of the antiquity of e72J~ar)Xz  Dorian, Aeolian, and Lydian.  (Boickh, iii. 15.)
which they afford  of the antiquity of enharmzolc   The rhvbm  of the music  must have depended
of systems formed by omitting  cer    The rhythm  of the music must have depended
systems, i.of thediatonicscale. Fomitting certaesin wchiefly, if not entirely, upon that of the words, or
sounds of the diatonic scale.  For unless we take  else have bn of a ver  simple and   niform
else have been of a very simple  and uniform
character, since there is no mention of a inotation
* That systems were not always restricted to  for it as distinct fromn the metre of the poetry.
the immutable form is proved by what Euclid says  Probably, therefore, nothing  like  the modern
of comlpound systems, with more than one UsE'7.    system of musical rhythm existed; and if so, this




778                MUSICA.                                            MUSICA.
must have formed one of the most essential points  in it was the introduction of new signs formed by
of difference between the ancient and modern  accenting letters, or inverting, distorting, and mumusic.  How the rhythm  of mere inzstrumental tilating them  in various ways, as the compass of
music was regulated; or what variety it admitted, the scale was enlarged.  A  great, and seemingly
does not appear.  There is no reason, however, to  unnecessary, complexity was caused by the use
believe that music without words was practised to  of two different signs for each sound; one for the
any extent, though it was certainly known; for voice, and the other for the instrument.  These
Plato speaks with  disapprobation of those who  two signs were written one above the other immeused  peXoS  KOal  PuOpBhs v {Sei  pr)h/u trW,  i7A.   diately over the syllable to which they belonged.
iclOap0e-tL se Ical aAovaee 7rpoOxp&evo0L (Leg. ii. They are given by several of the Greek writers,
p. 669), and others mention it.  (Bickh, iii. 11.)   but most fully by Alypius.  The instrumental
On the two last of the heads enumerated in  signs appear to have been chosen arbitrarily; at
dividing the whole subject, very little real inform- least no law is now discoverable in them: but the
ation can be obtained.  In fact they could not be  vocal (which were probably more ancient) follow
intelligibly discussed without eansples, a method  an evident order.  The sounds of the middle part
of illustration which unfortunately is never em- of the scale are denoted by the letters of the Ionian
ployed by the ancient writers.  MeraeosX~  was the  alphabet (attributed to Simonides) taken in their
transition from  one genus to another, from  one  natural order; and it is remarkable that these
system to another (as from disjunct to conjunct or  signs would be just sufficient for the sounds comvice versd), from one mode to another, or from one  prised in the six modes supposed to be the most
style of melody to another (Euclid. 20), and the  ancient, if the compass of each were an octave and
change was made in the same way as in modern  they were pitched at intervals of a semitone above
snodktltionl (to which tueraUoXi  partly corresponds), one another. Accented or otherwise altered letters
viz. by passing through an intermediate stage, or are given to the higher and lower sounds.  To
using an element common to the two extremes be- learn the system  perfectly must h}ave required
tween which the transition was to take place. (See  considerable labour, though its difficulty has been
Euclid. 21.)                                       much exaggerated by some modern writers. (See
MeAowroLt'a, or composition, was the application  Bickh, iii. 9.)  A few specimens of Greek melody
or use of all that has been described under the pre-  expressed in the ancient notation have come down
ceding heads.  This subject, which ought to have  to us.  An account of them may be found in Burbeen the most interesting of all, is treated of in  ney (vol. i. p. 83), where they are given in modern
such a very unsatisfactory way that one is almost notes with a conjectural rhythm.  The best of
forced to suspect that only an exoteric doctrine is  them may also be seen in Bbckh (iii. 12) with a
contained in the works which have come down to  different rhythm.  It is composed to the words of
us.  On composition properly so called, there is  the first Pythian, and is supposed by Bickh to be
nothing but an enumeration of different kinds of certainly genuine, and to belong to a time earlier
sequence of notes, viz.: — 1. &ayw-y', in which the  than the fifteen modes. Its merits have been very
sounds followed one another in a regular ascending  variously estimated; probably the best that can be
or descending order; 2. i7rXoet, in which intervals  said of it is that no certain notion can now be obwere taken alternately ascending and descending; tained of its real effect as anciently performed.
3. 7recseia, or the repetition of the same sound    It has long been a matter of dispute whether
several times successively; 4. -ov1, in which the  the ancients practised harmony, or music in parts.
same sound was sustained continuously for a con-  We believe there are no sufficient grounds for supsiderable time. (Eucl. 22.)  Besides this division, posing that they did.  The following are the facts
there are several classifications of melodies, made on  usually appealed to on each side of the question.
different principles. Thus they are divided accord-  In the first place, the writers who professedly
ing to genus, into Diatonic, &c.; according to oszce, treat of music make no mention whatever of such
into Dorian, Phrygian, &c.; according to system, a practice; this omission constitutes such a very
into grave, acute, and intermediate (vira'oe3~ss, strong prima facie evidence against it, that it must
r7WToe185s, seroeIs3S ).  This last division seems  have settled the question at once but for supposed
merely to refer to the general pitch of the melody; positive evidence from other sources on the other
yet each of the three classes is said to have a dis- side.  It is true that Ie;Ao7rolta, which might have
tinct turs, (cpdsros), the grave being tragic, the  been expected to hold a prominent place in a theo-.
acute nomic (volAKcos), and the intermediate di- retical work, -is dismissed very summarily; but
tl/yramsbic.  Again melody is distinguished by its  still when the subjects which ouygt to be explained
tlaracter (i0os), of which three principal kinds are  are enumerated, AeXo7roeta is mentioned with as
mentioned, &a(traXtLKdcov, rviJTaXTltKo', and jrVT-  much respect as any other, whilst lharmony is enXaCoTrtciV,and these terms are respectively explained  tirely omitted. In fact there seems to be no Greek
to mean aptitude for expressing a magnaminous  word to express it; for a&p/ovLa signifies a well
and heroic, or low and effeminate, or calm and re-  ordered succession of sounds (see Burney,i. 131),and
fined character of mind. Other subordinate classes   upiLpcbvfa only implies the concord between a single
are named, as the erotic, epithalamian, comic, and  pair of sounds, without reference to succession.
encomiastic. (Euclid. 21; Aristid. 29.) No account  That the Greek musicians were acquainted with
is given of theformal peculiarities of the melodies  ovucpvoa is proved by many passages, though we
distinguished by these different characters, so that are not aware that they ever mention the concord
what is said of them merely excites our curiosity  of more than two sounds.  But the subject of conwithout tending in the least to satisfy it.        cord, so long as succession is not introduced, beThe most ancient system of notation appears to  longs rather to acoustics than to music.  There is,
have consisted merely in the appropriation of the  however, a passage (Arist. Probl. xix. 18), where
letters of the alphabet to denote the different succession of concords is mentioned: - A  ah ci 
sounds of ihe scale; and the only alteration made zi 7racaeCv r-v/qwcoa',ar sl at  vd; payai[UoUv




MUSICA.                                          MUSICA.                  779
~yap'raTri', &XXiv  Se obUealmav.  Ma-yaiSeiLv  harmonics was probably unknown; and this may
signified the singing or playing in two parts at all partly account for the major third escaping observinterval of an octave; and the word is derived  ation.  And anything like the modern system of
from ktduyals, the name of a stringed instrument harmony could probably no more have been inwhich had sufficient compass to allow a succession  vented without the assistance of keyed instruments
of octaves to be played on it.  (This practice of than the Elements of Euclid could have been commagadizing could not fail, of course, to arise as posed in the total absence of drawing materials.
soon as men and women attempted to sing the  For a fuller account of ancient musical instruments
same melody at once.)  The obvious meaning of see Bickh, iii. ] 1.
the passage then is, that since no interval except    The chief authorities on the subject of this
the octave could be mayadized (the effect of any  article are the  "Antiquae  Musicae Auctores
other is well known to be intolerable), tlzerefore no  Septem," viz.: Aristoxenus, Euclid, Nicomachus,
other interval was employed at all; implying that Alypius, Gaudentius, Bacchius, Aristides, Quintino other kind of counterpoint than magadizing was lianus,and MartianusCapella, edited by Meibomius,
thought of. But the words are certainly capable  in one volume (Amsterdam, 1652), to the pages of
of a somewhat milder interpretation.             which the preceding quotations refer; the HarIn the next place, the constitution of the scale  monies of Ptolemy (with an Appendix by Wallis,
was, as has been seen, very unfit for harmony, the  Op. Matheenat. vol. iii.); the Dialogue of Plutarch;
beauty of which depends so essentially upon the  and a section of the AristotelicProblemata; Burney,
use of thirds. The true major third was either not History of slusic; Biickh, de Metris Pindarti;
discovered or not admitted to be consonant till a  Drieberg, Musikalisclze Wissenschaften der Griechen;
very late period, Ptolemy being the earliest extant and Aufjchliisse iiber die Musik der Grieclien; Bode,
author who speaks of the minor tone (Burney, vol. i. Gesce. der Lyrisch. Dichtkunst der Hellenen; Fortp. 448); a fact which is so extraordinary and so lage, Dase Muesikalische System der Grieclen, Leipzig,
contrary to all that could have been anticipated, 1847.                            [W. F. D.]
as to destroy all confidence in any a pr'iori reason-    2. ROMAN.  It may well be believed that in
ings on the subject, and to exclude all but actual music as in the other arts, the genius of Greece
evidence on either side.  The positive evidence in  had left little for Romans to do, but admire and
JtZvour of the existence of counterpoint consists imitate.  Yet we must not forget that another
chiefly in certain indications of two modes having  element had been introduced into the arts of Rome,
been sometimes used at once. Thus the expression  as well as into her language and government; one
in Horace (Epod. ix. 5),                         which was derived from Etruria, and partook of
"Sonante mistum tibiis carmen lyra        an Oriental character.  Every species of musical
Hae Dorium, illis barbarum,"           instrument found on Greek works of art is found
also on Etruscan.  No doubt the early Roman
is interpreted to mean that the lyre was played in  music was rude and coarse, still from the most
the Doriian mode, and the tibiae in the Lydian; ancient times mention is made of hymns and flutes
so that if the ancient Dorian and Lydian  octave  in their triumphal  rocessions: so Servius Tullius
were employed, the former bein  of the fourth         ir triumphal processions: so Servius Tullius
were employed, the former being of the fourth  in his comitia made two whole centuries of corspecies, while the latter was of the second, and   in s comitia made two whole  centuries of coalpitched two tones higher, the series of intervals
pitheard would consist of fourthe series and major thirds, or lowed at funerals ten players on the flute, and enrather d woubled consist of forths nd major thirds, or joined that "the praises of great men should be
Again, there are passages such as -            sung in mournful songs (neniae) accompanied by
Again, there are passages such as             the flute."
Aieoevs'gCaive Acpiav Ke'AEvOoe cluvF,        The year B. c. 365 marks an era in Roman
(quoted from Pindar by the Scholiast on Pyth.n ii. music by its adaptation to theatrical amusements.
127), which are supposed to indicate that poetry  It is in this year we find mention of a lectisternium,
written inl one mode and sung accordingly, was ac- at which actors were first brought from  Etruria,
companied by instruments in another.  For a view  who, without verses, danced in dumb show to the
of the most that can be made of such arguments, sound of the flute.  Some time later Livy (ix. 30)
see B1ckh, iii. 10.  Our knowledge of the real mentions a curious tale of the desertion of certain
use of the modes is so very imperfect, that not Roman flute-players, who were only brought back
much reliance can be placed on thein; and at any  by an amusing stratagem. We learn from Valerius
rate they would only prove the existence of a kind  Maximus (ii. 5) that the Roman flute-players were
of naegadizing, modified by taking scales of differ- incorporated into a college, and Ovid (Fast. vi. 657),
ent (instead of the same) species for the two parts, speaking of their ancient importance, says -
so as to avoid the succession of intervals absolutely    "Temporibus veterum tibicinis usus avorum
the same. This would certainly be the very lowest       Magnus, et in magno semper honore fuit
kind of counterpoint; but if any thing more had       Cantabat fanis, cantabat tibia ludis,
been practised, it would be absolutely impossible       Cantabat moestis tibia funeribus."
to account for the utter silence of the theoretical
writers, which is all but fatal even to such a    Nero, as Suetonius (Nero, 24) tells us, played
limited hypothesis. It is only necessary to add that on the flute, and came in a sort of triumphal prothe influence of instruments upon the development cession through Italy, bearing the spoils he had
of the art ought to be kept in view in considering  won in 1800 musical contests.  The same writer
this question.  The Greeks had only two kinds of informs us that the emperor, to preserve his voice,
instrumental music, a;Aaeots and KcOdposes.  The  used to lie on his back with a thin plate of lead
atAos was always a pipe pierced with holes, so as on his stomach; that he took frequent emetics and
to have an artificial scale.  The simple tube or cathartics, and at last transacted all business in
trumpet does not appear to have been used as a  writing.
musical instrument, so that the scale of natural    There does not appear to be any trace of a




780              MUSTAX.                                            MYSIA.
Roman musical system  entirely distinct from the  lip, was called v'r{v- or 67ri4v7 7rpacr  (Diod. v. 28,
Greek. A passage in Cicero would lead us to sup-  Philostr. Sen. Ilmag. i. 30, ii. 7, 9), and the youth
pose that the laws of contrast, of light and shade, just arrived at puberty, who was graced with it,
of loud and soft, of swelling and diminishing, were  was Urpirorv zV7rrlv'SS. (Hom. 11. xxiv. 348, Od.
understood by the Romans (de Orat. iii. 44), and  x. 279; Schol. ins loe.; Branck, Asnal. iii. 44;
another passage from Apuleins decidedly proves that Aelian, V. H. x. 18.) By its growth and developthe Romans had instrumental music distinct from  ment it produced the moustaches, which the Greeks
their vocal; on both of which points there is not  generally cherished as a manly ornament. (Theocrit.
the same clear evidence to decide the question  xiv. 4; Antiphanes, ap. Athlen. iv. 21; Pollux,
with reference to the Greeks.  Still the Roman  ii. 80, x. 120.)  To this practice, however, there
musical writers, as St. Augustin, Macrobius, Mar-  seems to have been one exception.  The Spartan
tianus Capella, Cassiodorus, and Boethius (all of EPHORI, when they were inducted, made a prowhom  flourished between the fourth and sixth  clamation requiring the people " to shave their
centuries of the Christian era), did nothing to im-  moustaches and obey the laws."  For what reason
prove the science of music, and were little more  they gave the former command does not appear.
than copyists of their Greek predecessors.  The  (Plut. de Sera Nlum. Vied. p. 976, ed. Steph.;
great improvement which the Romans introduced  Proelus in Hes. Op. et Dies, 722; Miller, Dor.
(rather a practical than a theoretical one) was a  iii. 7. ~ 7, iv. 2. ~ 5; Becker, Charikles, vol. ii.
simplification of the musical nomenclature, effected  p. 391.)                         [J. Y.]
by rejecting the arbitrary signs in use among the    MUSTUM.  [VINusrs.]
Greeks, and substituting for them the first fifteen    MUTATIO'NES.  [MANSIO.]
letters of the Roman alphabet.  (Hawkins, vol. i.    MU'TUUM. The Mutui datio is mentioned
p. 279.)  This simplification they were enabled to  by Gaius as an instance of an obligatio " quae re
make by a reduction of the modes: indeed it seems  contrahitur.".  It exists when things " quae ponvery probable that this complicated system had in  dere, numero, mensurave constant,"as coined money,
practice entirely fallen into disuse, as we know   wine, oil, corn, acs, silver, gold, are given by
that the diatonic genus had usurped the place of one man to another so as to become his, but on
the two other genera.                            the condition that an equal quantity of the same
Of all Latin authors Boethius gives the most kind shall be returned.  The difference in the
profound account of the subject.  His work is a  thing which is lent constitutes one of the differences
carrying out of the old Pythagorean system, and is  between this contract and commodatum.  In the
a mere abstract speculation on the nature of music, mutui datio, inasmuch as the thing became the
which, viewed as one of the quadriviumn or four property of the receiver, the Roman jurists were
mathematical sciences, has its foundation in num- led to the absurdity of saying that mutuum was
ber and proportion.  A full analysis of the work  so called for this reason (quod ex meo tuuzmfit). This
may be seen in Hawkins (i. p. 338).  It contains, contract gave the lender the action called condictio,
1st, an investigation into the ratios of consonances; provided he was the owner of the things, and had
2nd, a treatise on several kinds of proportion; 3rd, the power of alienation; otherwise he had no
a declaration of the opinions of different sects with  action till the  things were consumed.  If the
respect to the division of the monochord and the  borrower lost the things by any accident as fire,
general laws of harmony.                         shipwreck, &c., he was still bound: the reason of
Before this time St. Ambrose had introduced the  which clearly was, that by the Mutui datio the
practice of antiphonal singing in the church at things becamne his own. It was a stricti juris actio,
Milan.  Of the nature of the Ambrosian chant we  and the lender could have no interest for a loan
only know  that it consisted in certain progres-  of money, unless interest had been agreed on. The
sions, corresponding with different species of the  borrowing by way of Mutuum and at interest are
diapason.  It is described as a kind of recitation, opposed by Plautus (Asin. i. 3. 95).  The Senatusmore like reading than singing.                  consultum Macedonianum  did not allow a right of
It was by St. Gregory the Great that the octave  action to a lender against a filiusfamilias to whom
was substituted for the tetrachord as the funda-  he had given money "mutua',"   even after the
mental division of the scale. The first octave he  death of the father. [SENATUSCONSULrTUM  MACEdenoted by capital letters A, B, C, &c., the second  DONIANUM.]  (Gaius, iii. 90; Inst. 3. tit. 14;
by small letters a, b, c, &c., and when it became  Dig. 12. tit. 1. De Rebus Creditis; Cod. 4. tit. 1;
necessary to extend the system, marked the third  Vangerow, Pandek/ten, &c. iii. ~ 623.)    [G. L.]
by small letters doubled, aa, bb, &c. There is no    MY'RII (uvpioe), the name given to the po~ proof that the Romans, any more than the Greeks, pular assembly of the Arcadians, which was estahad any notation with reference to time. Where  blished after the overthrow of the Spartan suprevocal music was united with instrumental, the time  macy by the battle of Leuctra, and which used to
was marked by the metre of the song: the want meet at Megalopolis in order to determine upon
of a notation of time would make us doubt whether  matters affecting the whole people. (Xen. Hell.
any but a very simple style of merely instrumental  vi. 5. ~'6, vii. 1. ~ 38, vii. 4. ~ 2; Diod. xv. 59 
music prevailed among them. (Hawkins's History  Dem. de Fals. Leg. p. 344; Aeschin. de 1'als. Leg.
of lllusic, vol. i.; Burney's History of' usic, vol. i.)  p. 257; Paus. viii. 32. ~ 1; Harpocrat. Suid. Phot.
For a general account of ancient music the  s. mv.; Schlmann, Antiq. Jur. Publ. Gr. p. 410.)
reader is referred to the previous article.  [B. J.]    MY'SIA (Aunaam), a festival celebrated by the
MUSI'VUM  OPUS.  [DosMus, p. 431; Per-  inhabitants of Pellene in Achaia, in honour of
TURA, No. XV.]                                   Demeter Mysia.  The worship of this goddess
MUSTAX (uorrera), moustaches. The different  was introduced at Pellene from  a place called
parts of the beard [BaRBA] had different names, Mysia in the neighbourhood of Argos. (Paus. ii.
which also varied with its age and appearance.  18. ~ 3.)'Ihe festival of the Mysia near Pellene
The young beard, first appearing on the upper  lasted for seven days, and the religious solemnities




MYSTERIA.                                          MYSTERIA.                   7 II
took place in a temple surrounded by a beautiful  various parts of Greece were remains of the ancient
grove.  The first two days men and women took  Pelasgian religion.  The associations of persons
part in the celebration togetherl; on the third day  for the purpose of celebrating them must therefore
the men left the sanctuary, and the women re-  have been formed at the time when the overmarining in it performed during the night certain  whelming influence of the Hellenic religion began
mysterious rites, during which not even male dogs  to gain the upper hand in Greece, and when persons
were allowed to remain within the sacred precincts. who still entertained a reverence for the worship
On the fourth day the men returned to the temple, of former times, united together with the intention
and men and women now received each other with  of preserving and upholding among themselves,
shouts of laughter and assailed each other with  as much as possible of the religion of their forevarious railleries.  (Paus. vii. 27. ~ 4; Cornutus, fathers.  It is natural enough that they formed
de Nat. Deor. 28.)   Other particulars are not themselves for this purpose into societies, analogous
known.                                  [L. S.]   to the brotherhoods in the church of Rome (PorMY STAE,    MYSTAGO'GUS    (/uzso-ai, phyr. de Abstin. iv. 5), and endeavoured to preserve
uvTaoyceyOrds). [ELEUSINIA.]                       against the profanation of the multitude that which
MYSTE'RIA (,u.Vrhpia). As each mystery or  was most dear to them.  Hence the secrecy of all
mystic festival is described in a separate article, a  the Greek mysteries, and hence the fact that they
few general observations only will be required under were almost invariably connected with the worship
this head.  The names by which they were de-  of the ancient Pelasgian divinities.  The time
signated in GTeece, are!yverppma, TEXecraf, and  when mysteries were established as such, must
pyia.  The name o'pyta (from  eopya) originally  have been after the great changes and disturbances
signified only sacrifices accompanied by certain  produced by the Dorian migration, although traceremonies, but it was afterwards applied especially  dition referred their institution to Orpheus, the
to the ceremonies observed in the worship of Dio- Curetes, the Idaean Dactyles, Dionysus, &c., who
nysus, and at a still later period to mysteries in  belong to a much earlier period.   These tradigeneral. (Lobeck, Aglaopham. i. p. 305.)  TesXEi- tions, however, may in so far be regarded as true,
signifies in general a religious festival (Aristot. as the mysteries were only a continuation and pro-,l]et. ii. 24; Pind. Nero, x. 63), but more particu-  pagation of the ancient religion.  But it must be
larly a lustration or ceremony performed in order admitted that in subsequent times new elements
to avert some calamity either public or private.  were added to the mysteries, which were origin(Plato, de Rep. ii. p. 264, E.)  Mvao-wpio, signifies, ally foreign to them.  The development of philoproperly speaking, the secret part of the worship, sophy, and more especially the intercourse with
but it was also used generally in the same sense  the East and with Egypt, appear to have exercised
as sEAeT'r, and for mystic worship.                a considerable influence upon their character.
Mysteries in general may be defined as sacrifices    The most celebrated mysteries in Greece were
and ceremonies which took place at night or in  those of Samothrace and Eleusis.  [CABEImIA
secret within some sanctuary, which the uninitiated  ELEVSINIA.]  But several other places and diviniwere not allowed to enter.  What was essential ties had their peculiar mysteries, e.g. the island of
to them, were objects of worship, sacred utensils, Crete those of Zeus (Strabo, p. 718; Athen. ix.
and traditions with their interpretations, which  18); Argolis those of Hera (Paus. ii. 38. ~ 2);
were withheld from all persons not initiated. We  Athens those of Athena and Dionysus (Plut Alcib.
must however distinguish between mysteries pro- 34; DIONYSIA); Arcadia those of Artemis (Paus.
perly so called, that is, such in which no one was  viii. 23. ~ 3), and Aegina those of Hecate. (Pais.
allowed to partake unless he had undergone a  ii. 30. ~ 2). But not only the worship of the great
formal initiation, and the mystic ceremonies of gods, but also that of some ancient heroes was
certain festivals, the performance of which, though  connected with mysteries. (Paus. iv. 34. ~ 6, ii. 1,
confined to particular classes of persons5 or to a  ii. 30. ~ 5; Herod. v. 83.)
particular sex, yet did not require a regular initia-    The benefits which the initiated hoped to obtain
tion.  Our attention in this article will be confined  were security against the vicissitudes of fortune,
to the mysteries properly so called.               and protection from dangers both in this life and
It appears to have been the desire of all nations  in the life to come.  The principal part of the iniof antiquity to withhold certain parts of their re- tiation, and'that which was thought to be most
ligious worship from the eyes of the multitude in  efficacious in producing the desired effects, were
order to render them the more venerable. (Strabo, the lustrations and purifications, whence the mysp. 717,)   But that the ancient mysteries were  teries themselves are sometimes called KaOdpola or
nothing but impositions of priests, who played upon  KaOapepgo'.
the superstitious and ignorant, is an opinion, which,    Offences against and violations of'the mysteries
although  entertained by Limburg-Brouwer, the  were at Athens under the jurisdiction of the archon
latest writer on the subject (Histoire.de la Civilisa-  king, and the court in such cases only consisted of
tioi Msoracle et Relig. des G-recs, vol. iv. p. 199)   persons who were themselves initiated (E/e/u7nc/ycertainly cannot satisfy those who are accustomed  voet) and were selected from the heliastae for the
to seek a more solid and vital principle iin all re- purpose. (Pollux, viii. 141.)  Even in cases which
ligious institutions that have ever had any lasting  were brought before an ordinary court, the judges
influence upon mankind.   The  persons united  were only initiated persons, if the case had any
and initiated to celebrate the mysteries in Greece  connection with the mysteries. (Andocid. de tN]yst.
were neither all priests nor did they belong to the  p. 14.)  That no one but the initiated might hear
ignorant and superstitious classes of society, but the transactions in such a case, the court was surthey were on the contrary frequently the most dis-  rounded by public slaves to keep all profane pertinguished statesmen and philosophers.  It has  sons at a distance.  (Pollux, viii. 123.)
been remarked under E LEUS1NIA (p. 454,b) that    The Roman religion had no such mysteries as
it is far more probable that the mysteries in the  that of the Greeks, but only mystic rites and cere.



782            NAVARCHUS.                                        NAUCRARIA.
monies connected with the celebration of certain  been employed at the prow of the vessels. (Xenophl
festivals.  The Bacchanalia were of foreign origin, de Republ. Ath. 1, 2. ~ 20; compare STRAand of short duration. [DIONYSIA.]               TEGUS.)
A very full account of the Greek mysteries is    Other Greek states who kept a navy had likegiven by Limburg-Brouwer, Hist. de la Civilisat. wise their navarchs. A Spartan navarchus is menAlfor. et Relig. des Grecs, vol. iv. p. 180-415, and  tioned by Xenophon (Hellen. ii. 1. ~ 7), and
chapter xxvi. of the same work contains a useful under him  served an officer called ErsLeroAevs.
survey of the various opinions upon the subject (Pollux, i. 96; Sturz, Lex. Xenoph. ii. p. 321.)
which have been entertained by modern.scholars  The navarchia of Sparta however was an innovaand philosophers.                     [L. S.]   tion of later times, when the Spartans had acquired
MYSTILE (xuoAVrls). [COENA, p. 305, a].   a fleet and possessions in foreign countries.  The
MYSTRUM (~6)(rTpov), a Greek liquid mea- office was distinct from  that of the kings, and
sure, of which there were two sizes, called the  Aristotle (Polit. ii. 6. p. 69, ed. Gdttling) calls it
large and small mystrunm.  The small, which was  OXebs etriE'pa larieLa.  (See Weber, Dc Gytheo
the more common of the two, was -: of the cotyla, et Lacedaeemonioiwm Reb. Naesalib. p. 73, &c.)
and ~ of the cyathus, and therefore contained about    The navarchus in Rhodes seems to have been
1-50th of an English pint.  (Galen, Frag. c. 15.) their chief military officer.  We find him authoGalen adds that the smaller mystrum contained 21  rized to conclude treaties with  foreign nations
drachms, that the larger was -  of the cotyla, and  (Polyb. xvii. 1), and sent on embassies in the
contained 33 drachms; but that the most exact name of the republic.  (Polyb. xxx. 8; Liv. xlv.
mystrum (rb 6aKLcat-dnaiot' E6orpov) held 8 scruples, 25.)                             [L. S.]
that is, 2} drachms.  According to this, the small    NAUCRA'RIA  (avcKpapia) is the name of a
mnystrum would be " of the larger.  But in the  division of the inhabitants of Attica.  The four
13th chapter of the same fragment he makes the  Attic phylae were each divided into three phratries,
large mystrum =  - of the cotyla and the small and each of these twelve phratries into four naumystrum  I of the large.  In c. 4 he makes the  craries, of which there were thus forty-eight. This
large mystrum = 3 oxybapha, and the small = 1-. division is ascribed to Solon (Photius, s. v. NavCleopatra makes the large = -/- of the cotyla, the  Kpapia), but Herodotus (v. 71) in relating the insmall= a —. (Wurm, de Pond. p. 130.) [P. S.]   surrection of Cylon mentions magistrates at Athens
called 7rpurdvrs -m' Yvaviscpdcpa, so that the naucraries must have existed long before Solon. There
N.                         is, however, some difficulty connected with this
passage of Herodotus, inasmuch as Thucydides
NAE'NIA.  [FuNus, p. 559, a.]                  (i. 126) in relating the same event mentions the
NAOS.  [TEMPLUM.]                              nine archons instead of the prytanes of the nauNATALI'TII LUDI.  [LJDr NATALiTII.]   craries.  Wachsmuth (Iellen. Alt. vol. i. p. 366,
NATA'LIBUS RESTITU'TIO. [INGENUI.]  2d ed.) endeavours very ingeniously to reconcile
NATA'TIO, NATATO'RIUM.  [BALNEAE, Herodotus and Thucydides, by supposing that the
p. 189, b.]                                      prytanes of the naucraries were the same as the
NATU'RA, NATURA/LIS RA'TIO. [Jus.]  trittyarchs, the assessors of the first archon, and
NAVA'LES DUU'MVIRI.  [DuuvMvIRL]    were thus identified by Thucydides with the archonls
NAVA'LES SO'CII. [ExERCITUS, p. 509, b.]  themselves.  What the naucraries were previous
NAVA'LIA, were docks at Rome where ships  to the legislation of Solon is not stated anywhere,
were built, laid up, and refitted.  They were  but it is not improbable that they were political
attached to the emporium  outside of the Porta  divisions similar to the demes in the constitution of
Trigemina, and were connected with the Tiber. Cleisthenes, and were made perhaps at the time of
(Liv. xxxv. 10, xl. 51, xlv. 2.)  The emporium  the institution of the nine archons for the purpose
and navalia were first included within the walls of regulating the liturgies, taxes, or financial and
of the city by Aurelian. (Vopisc. Aurel. 21.)    military affairs in general. (Bdickh, Publ. Econ. ii.
The docks (VE&sOLCom or VYeWpLa) in the Peiraeeus  ~ 21.)  Tittmann (Griech. Staatsv. p. 269) moreat Athens cost 1000 talents, asd having been de- over supposes with some probability, that they
stroyed in the anarchy were again restored and  were, like the demes of Attica, local divisions.
finally completed by Lycurgus. (Isocr. Areopcg. Hence the grammarians inform us that vabitpapos,
25; Bickh, Publ. Econ. p. 201, 2nd ed.)  They  or the chief officer of every naucra ry was the same
were under the superintendence of regular offlcers as the demarch.  At any rate, however, the naucalled E7rLUEAlejaL ThWO- VewplwmY.  [ErPIrELETAE, craries before the time of Solon can have had no
No. 5.]                                          connection with the navy, for the Athenians then
NAVA'LIS CORO'NA.  [CaoNa, p. 360,]  had no navy, and the word rvaivpapos cannot be
NAVARCHUS  (YaSapXos) is the n me by  derived from  vais, a ship, but from  acico, and
which the Greeks designated both the captain of a  vaivKpapos is only another form  for,aS'KAmipos ill
single ship, and the admiral of a fleet,  The office  the sense of a householder, as YaiJxov was used for
itself was called  vauapXia.  The admiral of the  the rent of a house.  (Polux, x. 20; Wachsmuth,
Athenian fleet was always one of the ten generals  Hellen. Alt. vol, i, p. 367; Thirlwall, flist. of' Gr.
(e-rpa7yo0i) elected every year, and he had either vol. ii. p. 52.)
the whole or at least the principal command of the    Solon in his legislation thus only retained the
fleet. (Plut. T~lenzist. 18.)  The chief officers who  old institution of the naucraries.  His innovation
served under him were the trierarchs and the pen- probably was that he charged each of them  with
tecontarchs, each of whom commanded one vessel; the equipment of one trireme and with the mountthe inferior officers in the vessels were the Kcv9ep- ing of two horsemen.  (Pollux, viii. 108.)  All
vgWai or helmsmen, the ICeXNEUo-ae or commanders military affairs, as far as regards the defraying of
of the rowers, and the 7rpwpcop-ra who must have  expences, probably continued as before to be reagr




NAVIS.                                           NAVIS.                  783
lated according to naucraries.  Cleisthenes in his  pelling the vessel lay in the rowers, who sat upon
change of the Solonian constitution retained the  benches ('Arq'X es).  The oars were fastened to the
division into naucraries for military and financial side of the ship with leathern thongs (rpo7rol 3eppurposes (Phot. 1. c.), but he increased their num- u=drivol, Od. iv. 782), in which they were turned
ber to fifty, making five of each of his ten tribes, as a key in its hole.  The ships in Homer are
so that now the number of their ships was in- mostly called black (eAaw'ate), probably because
creased from forty-eight to fifty, and that of horse- they were painted or covered with a black submen from ninety-six to one hundred.  The state- stance, such as pitch, to protect the wood against
ment of Herodotus (vi. 89) that the Athenians in  the influence of the water and the air; sometimes
their war against Aegina had only fifty ships of other colours, such as JlAxros, minium  (a red cotheir own, is thus perfectly in accordance with the  lour), were used to adorn the sides of the ships
fifty naucraries of Cleisthenes.  The functions of near the prow, whence Homer occasionally calls
the former vadKpapoL, asthe heads of their respective  ships t7xro7Trdpot, i. e. red-cheeked (II. ii. 637,
naucraries, were now transferred to the demarchs. Od. ix. 125); they were also painted occasionally
[DEMARCHI.]  (Harpocrat. s. v. A17iapXos.) The  with a purple colour (poIvKco7raippoL, Od. xi. 124).
obligation of each naucrary to equip a ship of war Herodotus says (iii. 58) that all ships were painted
for the service of the republic may be regarded as with tlXTros.  When the Greeks had landed on
the first form of trierarchy. (Lex. Rhetor. p. 283.) the coast of Troy, the ships were drawn on land,
As the system of trierarchy became developed and  and fastened at the poop to large stones with a
established, this obligation of the naucraries ap- rope which served as anchors (I1. i. 436, xiv. 77,
pears to have gradually ceased and to have fallen  Od. ix. 137, xv. 498; Moschopul. ad II. i. 436).
into disuse. (Compare TRIERARCHIA.)  [L. S.]   The Greeks then surrounded the fleet with a fortiNAUCRARUS.  [NAUCRARIA.]                      fication to secure it against the attacks of the
NAVIS (vais).  The beginning of the art of enemy.  This custom of drawing the ships upon
ship-building and of navigation among the Greeks the shore, when they were not used, was followed
must be referred to a time much anterior to the  in later times also, as every one will remember
ages of which we have any record.  Even in the  from the accounts in Caesar's Commentaries. There
earliest mythical stories long voyages are men- is a celebrated but difficult passage in the Odyssey
tioned, which are certainly not altogether poetical (v. 243, &c.), in which the building of a boat is
fabrications, and we have every reason to suppose  described, although not with the minuteness which
that at that early age ships were used which were  an actual ship-builder might wish for.  Odysseus
far superior to a simple canoe, and of a much more  first cuts down with his axe twenty trees, and precomplicated structure. The time, therefore, when  pares the wood for his purpose by cutting it smooth
boats consisted of one hollow tree (Monoxyla), or and giving it the proper shape.  He then bores
when ships were merely rafts (Rates, orXEiael) the holes for nails and hooks, and fits the planks
tied together with leathern thongs, ropes, and  together and fastens them with nails.  He rounds
other substances (Plin. H. N. vii. 57), belongs to  the bottom of the ship like that of a broad transa period of which not the slightest record has  port vessel, and raises the bulwark (scpia), fitting
reached us, although such rude and simple boats  it upon the numerous ribs of the ship.  He afteror rafts continued occasionally to be used down  wards covers the whole of the outside with planks,
to the latest times, and appear to have been very  which are laid across the ribs from the keel upcommon among several of the barbarous nations  wards to the bulwark; next the mast is made,
with which the Romans came in contact. (CODEx; and the sail-yard attached to it, and lastly the
compare Quintil. x. 2; Flor. iv. 2; Fest. s. v. rudder.  When the ship is thus far completed, he
Scitedia; Liv. xxi. 26.)  Passing over the story of raises the bulwark still higher by wickerwork
the ship Argo and the expedition of the Argonauts, which goes all around the vessel, as a protection
we shall proceed to consider the ships as described  against the waves. This raised bulwark of wicker.in the Homeric poems.                            work and the like was used in later times also.
The numerous fleet, with which the Greeks  (Eustath. ad Od. v. 256.)  For ballast Odysseus
are said to have sailed to the coast of Asia Minor, throws into the ship SAdX, which according to.the
must on the whole be regarded as sufficient evi- Scholiast consisted of wood, stones, and sand.
dence of the extent to which navigation was car-  Calypso then brings him materials to make a sail
ried on in those times, however much of the detail of, and he fastens the V7rEpan or ropes which run
in the Homeric description may have arisen from  from the top of the mast to the two ends of the
the poet's own imagination. In the Homeric cata- yard, and also the KciXo with which the sail is
logue it is stated that each of the fifty Boeotian  drawn up or let down.  The 7rodes mentioned in
ships carried 120 warriors (II. ii. 510), and a ship  this passage were undoubtedly, as in the later
which carried so many cannot have been of very  times, the ropes attached to the two lower corners
small dimensions.  What Homer states of the  of the square sail.  (Comp. Nitzsch. Anmerk. z.
Boeotian vessels applies more or less to the ships  Odyss. vol. ii. p. 35, &c.; Ukert, Benierk. iiber
of other Greeks.  These boats were provided with  Hose. Geogr. p. 20.)  The ship of which the
a mast (lords) which was fastened by two ropes building is thus described was a small boat, a
(7rpdoTomL) to the two ends of the ship, so that  eXE8ia as Homer calls it; but it had like all the
when the rope connecting it with the prow broke, Homeric ships a round or flat bottom.  Greater
the mast would fall towards the stern, where it ships must have been of a more complicated strucmight kill the helmsman.  (Od. xii, 409, &c.) ture, as ship-builders are praised as artists.  (1.
The mast could be erected or taken down as ne- v. 60, &c.)  Below, under Cerucli, a representcessity required.  They also had sails (o'Tria), ation of two boats is given which appear to bear
but no deck 5 each vessel however appears to  great resemblance to the one of which the building
have had only one sail, which was used in fa- is described in the Odyssey.  (Comp. Thirlwall,
vourable wind; and the principal means of pro- Hist. of Greece, vol. i. p. 219.)




78,1             - NAVIS.                                            NAVIS.
It is a general opinion that in the Homeric age I varied accordingly as they had fifty (TreVT-K4dvTosailors did not venture out into the open sea, but poe), or thirty ('rpLaicdvtopos), or even a smaller
that such was really done is clear from the fact, number of rowers.  A ship of war of this class is
that IHomer makes Odysseus say that he had lost represented in the previous woodcut, which is taken
sight of land, and saw nothing but the sky and  from Montfaucon, I'Antiq. LEz liq. vol. iv. part. 2
water (Od. xii. 403; comp. xiv. 302; Virg. Aen. pl. 142.
iii. 192, &c.), although on the whole it may be    The following woodcut contains a beautiful frag..
admitted, that even down to the historical times ment ofa Bireme with a complete deck. (Winckelthe navigation of the ancients was confined to  mann, lifonumln. Antics. inedit. pl. 207.)  Another
coasting along the shore.  Homer never mentions specimen of a small Bireme is given further on.
engagements at sea. The Greeks most renowned
in the heroic ages as sailors were the Cretans, 
whose king Minos is said to have possessed a large
fleet, and also the Phaeacians.  (Thucyd. i. 4; 
Hom. Od. viii. 110, &c.)
After the times of the Trojan war, navigation,                  p,.X', 
and with it the art of ship-building, must have be-                                _    X
come greatly improved, on account of the establishment of the numerous colonies on foreign coasts,        \  
and the increased commercial intercourse with                            
these colonies and other foreign countries.  The
practice of piracy, which was during this period
carried on to a great extent not only between
Greeks and foreigners, but also among the Greeks    The first Greek people whom we know to have
themselves, must likewise have contributed to the  acquired a navy of importance were the Corinthians,
improvement of ships and of navigation, although  Samians, and Phocaeans. About the time of Cyrus
no particulars are mentioned. In Greece itself the  and Cambyses the Corinthian Triremes were geneCorinthians were the first who brought the art of rally adopted by the Sicilian tyrants and by the
ship-building nearest to the point at which we find  Corcyraeans, who soon acquired the most powerful
it in the time of Thucydides, and they were the  navies among the Greeks. In other parts of Greece
first who introduced ships with three ranks of and even at Athens and in Aegina the most common
rowers (TpippeLS, Trirenzes).  About the year 700  vessels about this time were long ships with only
B.C. Ameinocles the Corinthian, to whom this in. one rank of rowers on each side. Athens, although
vention is ascribed, made the Samians acquainted  the foundation of its maritime power had been laid
with it (Thucyd. i. 13; Plin. H. NT. vii. 57); but by Solon [NAUCRARIA], did not obtain a fleet of
it must have been preceded by that of the Bitrenes, any importance until the time of Themistocles, who
that is, ships with two ranks of rowers, which  persuaded them to build 200 Triremes for the purPliny attributes to the Erythraeans.*  These in- pose of carrying on the war against Aegina.  But
novations however do not seem to have been gene- even then ships were not provided with complete
rally adopted for a long time; for we read that decks (earaaTarpciAara) covering the whole of the
about the time of Cyrus the Phocaeans introduced
long sharp-keeled ships called lrEvTnr trwcoopo. (Hle.
rod. i. 163.)  These belonged to the class of long                        KY
war-ships (vies.alcpal), and had fifty rowers,
twenty-five on each side of the ship, who sat in
one row.  It is further stated that before this
time vessels called o'rpoyyVhAai, with large round
or rather flat bottoms, had been used exclusively
by all the Ionians in Asia.  At this period most
Greeks seem to have adopted the long ships with
only one rank  of rowers on each side; their name 
vessel. (Thucyd. i. 14; Herod. vii. 144:)  Ships
with only a partial deck or with no deck at all,
were called &ppa'ro L uyes, and in Latin naves
apertae.  A fine representation of such a one is
~ figured above from a coin of Corcyra.  The ships
-   described in Homer had no decks. and were all
b p pa'oe (Thucyd. i. 10), and the only protection
-  —' ------ -. —--          for the men consisted of the'icpia or bulwark.
(Hom. Od. xii. 229.) Even at the time'of the
Persian war, the Athenian ships were without a
B* iremes are sometimes called by the Greeks complete deck. (Thucyd. i. 14.)  Ships which had
iScpora (Cic. ad Altt. xvi. 4; Hirt. Bell. A le-x. 47.)  a complete deck were called icaTrdppaKrot, and
The name biremis is also applied to a little boat the deck itself KTa'To'rpwjua.   Their invention is
managed by only two oars.  (Horat. iii. 29. 62; ascribed by Pliny to the Thasians.  At the time
Lucan, viii. 562, x. 56.)               -        when Themistocles induced the Athenians to build




NAVIS                                            NAVIS.                  78.5
fa eet of 200 sails, he also carried a decree, that  sisting of real men-of-war, which were quick-sail.
every year twenty new Triremnes should be built ing vessels (eaXeCa7), and the other of transports
from the produce of the mines of Laurium.  (Po- either for soldiers (TvpaetrcrT-oes or dlrArTaywyoi)
lyaen. i. 30; Plut. Themist. 4; comp. Bickh, or for horses (irsr7ryot, r7raywoyol).  Ships of this
Pubi. Econz. p. 249, 2d edit.)  After the time of class were more heavy and awkward, and were
Themistocles as many as twenty Triremes must therefore not used in battle except in cases of nehave been built every year both in times of war  cessity. (Thucyd. i. 116.)  It seems to have been
and of peace, as the average number of Triremes  a common practice to use as transports for soldiers
which was always ready amounted to between  and horses such Triremes as had become useless
three and four hundred. Such an annual addition  as men-of-war. The ordinary size of a war galley
was the more necessary, as the vessels were of a  may be inferred from the fact that the average
light structure and did not last long.  The whole  number of men engaged in it, including the crew
superintendence of the building of new Triremes  and marines, was two hundred, to whom on some
was in the hands of the senate of the Five Hun-  occasions as much as thirty epibatae were added.
dred (Demosth. c. Arcdrot. p. 598), but the actual  (Herod. viii. 17, vii. 184; comp. EPIBATAE and
business was entrusted to a committee called the  B3ckh, Publ. Econ. p. 278, &c.)  The rapidity
T~p1jpo7rorol, one of whom acted as their treasurer, with which these war galleys sailed may be
uand had in his keeping the money set apart for the  gathered from various statements in ancient writers,
Purpose.  In the time of Demosthenes a treasurer and appealrs to have been so great, that even we
of the'rpnrporoioi ran away with the money, which  cannot help looking upon it without astonishment,
amounted to two talents and a half.  During the  when we find that the quickness of an ancient
period after Alexander tie Great the Attic navy  trireme nearly equalled that of a modern steanlappears to have become considerably diminished, boat. Among the war-ships of the Athenians their
as in 307. c. -Demetrius Poliorcetes promised the  sacred state-vessels were always included  (PAAtheIlians timber for 100 new Triremes. (Diod.  i;ALUJS; comp. Biickh, Urkundes iiber d. Seesvesen
xx. 46; Plut. Denietr. 10.)  After this time the  des Att. Staats, p. 76, &c.); but smaller vessels,
1-thodians became the greatest maritime power in! such as the w7'rwE dsropor  or'rpaKdCTopoi, are
Greece.  The navy of Sparta was never of great never included when the sum of men-of-war is
importance.                                      mentioned, and their use for military purposes apNavigation remained for the most part what it pears gradually to have ceased.
had been before: the Greeks seldom ventured out.   Vessels with more than three ranks of rowers on
into the open sea, and it was generally considered  each side were not constructed in Greece till about
necessary to remain in sight of the coast or of some  the year 400 B. C., when Dionysius I., tyrant of'
island, which also served as guides in daytime: in  Syracuse, who bestowed great care upon his navy,
the night the position, rising and setting of the  built the first Quadriremes (rerp'peLs), with which
different stars answered the same purpose.  Iu  he had probably become acquainted through the
winter navigation generally ceased altogether. In  Carthaginians, since the.invention of these vessels
cases where it would have been necessary to coast is ascribed to them. (Pin. II. N. vii. 57; Diodor..
around a considerable extent of country, which was  xiv. 41, 42.)  Up to this time no Quinquleremes
connected with the main land by a narrow neck, (Orevr'pmes) had been built, and the invention of
the ships were sometimes drawn across the neck of them is likewise ascribed to the reign of Dionysins.
land from one sea to the other, by machines called  Mlnesigeiton (ap. Plin. 1. c.) ascribes the invention;AKom. This was done most frequently across the  of Quinqueremes to the Salaminians, and if this
isthmus of Corinth. (Herod. vii. 24; Thucyd. viii. statement is correct, Dionysius had his Quinque1, iii. 15, with the Schol.; Strab. viii. p. 380; remes probably built by a Salaminian ship-builder.
Polyb. iv. 19, v. 101.)                          In the reign of Dionysi-s II. Hexeres (4i71jps).
Now as regards the various kinds of ships used  are also mentioned, the invention of which was
by the Greeks, we might divide them with Pliny  ascribed to the Syracusans. (Aelian, V. II. vi. 12,
according to the number of ranks of rowers em-  with the note of Perizonius; Plin. i. c.) After the
ployed in them, into Moneres, Biremes, Triremes, time of Alexander the Great the use of vessels
Quadriremes, Quinqueremes, &c., up to the enor-  with four, five, and more ranks of rowers became
mous ship with forty ranks of rowers, built by  very general, and'it is well known from Polybius
Ptolemaeus Philopator.(Plin. I. c.; Athen. v. (i. 63, &c.)j that the first Punic war was chiefly
p. 203, &c.)  But all these appear to have been  carried on with Quinqueremes. Ships with twelve,
constructed on the same principle, and it is more  thirty, or even forty ranks of rowers (Plin.'. c.;
convenient to divide them  into ships of wear and  Athen. v. p. 204, &c.), such as they were built by
ships of burden (4popTKc&, qopOPT7ol, 6O Mcis, 7rAose,  Alexander and the Ptolemies, appear to have been
r-'poyyrA6Xa,navesoneras-iae, naves tectcariae). Ships  mere curiosities, and did not come into common
of the latter kind were not calculated for quick  use. The Athenians at first did not adopt vessels
niovement or rapid sailing, but to carry the greatest larger than Triremes,probably because they thought
possible quantity of goods. Hence their structure  that with rapidity and skill they could do more
was bulky, their bottom round, and although they  than with large and unwieldy ships.  In the year
were not without rowers, yet the chief means by  B.c. 356 they continued to use nothing but Triwhich they were propelled were their sails.      remes; but in 330 a. c. the republic had already
The most common ships of war in the earlier a number of Quadriremes, which vas afterwards
tintes were the pentecontori (7rreV,'lK'Tvopo), but increased.  The first Quinqueremes at Athens are
afterwards they were chiefly Triremes, and the latter mentioned in a document (in Bickh's Urkunden,
are frequently designated only by the iame ryes, N. xiv. litt. K.) belonging to the year B. C. 325.
while all the others are called by the name indi- Herodotus (vi. 87), according to the common
eating their peculiar character.  Triremes however reading, calls the theoris, which in 01. 72 the
were again divided into two classes: the one con- Aeginetans took from the Athenians, a 7eE7TpW:s
3;




786                 NAVIS.                                             NAVIS.
but the reading in this passage is corrupt, and  name of XrVowtOS   (from Xfi, a goose), because it
7reVrevT7pLs should be written instead of ~7rEVThprs. was formed in the shape of the head or neck of a
(Bickh, Urkunden, p. 76.)  After the year 330  goose or swan, as in the accompanying woodcut.
the Athenians appear to have gradually ceased  (Etym. Mayn. s. v.)   The cheniscus was often
building Triremes, and to have constructed Quad- gilt and made of bronze. (Lucian, Ver. Hist. 41,
riremes instead.                                   Jup. Trag. 14.)  A  cheniscus of bronze is preAmong the smaller vessels we may mention the  served in the Royal Library at Paris. (Millin,
&icaros or &cd-rsao', which seems to have been some- Dict. des beaux Arts.)  [INSIGNE.]  Just below
times used as a ship of burden. (Herod. vii. 186;
comp. Pind. Pyth. xi. 62, Nern. v. 5.). The acatus 
must generally have been very small, and the same
as a scaphla, for Suetonius (Caes.. 64) in describing
Caesar's escape from  Alexandria, says that he
jumped into a scapha, which Plutarch, in narrating
the same event, calls an acation. From Thucydides
(iv. 67) with the remark of the Scholiast, we must
infer that it was a small boat in which every person
sailing in it managed two oars, one with each hand.
The name Scapha (aKcidr1) denotes a small skiff or
life-boat, which was commonly attached to merchantmen for the purpose of saving the crew in
danger. (Act. Apost. xxvii. 30.)
Siburna, or Liburnica, in Greek XLCvpVis  or AlCupvdv, is a name given apparently to every warship, from a bireme up to those with six lines of
rowers on each side (Lucian, vol. v. p. 262, ed.
Bip.; Flor., iv. 2; Sueton. Aug. 17); but in the  the prowv and projecting a little above the keel was
time of Augustus, liburnae even with six lines of the Rostrsum (elp~oAos, V1,cosoy) or beak, which
rowers were considered small and swift in com- consisted of a beam, to which were attached sharp
parison with the unwieldy ships of Antony at and pointed irons, or the head of a ramni and the
Actium. (Horat. Epod. i. 1.)  Pliny (x. 32) in- like.  This Ve/oXosE was used for the purpose of
forms us that they were constructed sharp in the  attacking another vessel and of breaking its sides.
bows to offer the least possible resistance to the It is said to have been invented by the Tyrrhenian
water.  They were usually provided with a beak, Pisaeus.  (Plin. 1. c.)  These beaks were at first
whence a navis rostrata is generally the same as a  always above the water and visible; afterwards
Liburna.  They were first constructed by the  they were attached lower, so that they were inLiburnians (whence they derived their name), and  visible, and thus became still more dangerous to
first used by the Romans in the battle of Actium. other ships. (Diodor. xi. 27, xiv. 60, 75; Polyb. i.
(Comp. Gell. xvii. 3; Plin. T. N. ix. 5, xvii. 3; 26, xvi. 5, viii. 6.)  The annexed woodcuts, taken
Appian, de Bell. Iillyr. 3; Juven. ili. 240.)      from Montfaucon (L'Antiq. Expliq. iv. 2. tab. 133),
Every vessel at Athens, as in modern times, had  represent three different beaks of ships.
a name given to it, which was generally of the
feminine gender, whence Aristophanes (Eq. 1313)  
calls the Triremes 7rapOE'ovs, and one vessel, the
name of which was Nauphante, he calls the daughter of Nauso. (Biickh, U rk. p. 81, &c.; and a list
of names in p. 84, &c.)  The Romans sometimes
gave to their ships masculine names.  The Greek
names were either taken from ancient heroines such
as Nausicaa, or they were abstract words such as
EirAXota, OEpareiLa, Ilpdvoia,,c6bovoa,'H-ysELd vq,
&c.  In many cases the name of the builder also
was added.
We now proceed to describe the principal parts                             W
of ancient vessels.  
1. TIle prow  (7rpcSpa or L&CeVroo, pro-ras) was
generally ornamented on both sides with figures,        i                            -
which were either painted upon the sides or laid:'
in.  It seems to have been very common to repre-               /                      - A-____
sent an eye on each side of the prow. (Bbckh, Urk.
p. 102; Becker, ClOarikles, vol. ii. p. 60.)  Upon
the prow or fore-deck there was always some emblem  (7rapda-ouov, insigne, fi7ura' ) by which the
ship was distinguished -from others.  At the head
of the prow there projected the oro'os, and its extremity was termed a&EpoorAiov, which was frequently made in the shape of an animal or a helmet.
It appears to have been sometimes covered with
brass and to have served as an embole (E'p~osx) 
against the enemy's vessels. (Aeschyl. Pers. 414.)          1                          >     4
The aucpoav'A;lov,  is sometimes designated by the 




NAVIS.                                           NAVIS.                  787
Connected with the E/t~oAos was the rpoeupoAts, sometmhnes represented on medals holding  the
which according to Pollux (i. 85) must have been  aplustre in his right hand, as in the annexed wooda wooden part of the vessel in the prow above the cut; and in the celebrated Apotheosis of Homer,
beak, and was probably the same as the errcor'tes, now in the British Museum, the female personating
and intended to ward off the attack of the ~ucoXos the Odyssey exhibits the same emblem in referof a hostile ship.  The command in the prow of a ence to the voyages of Odysseus.
vessel was exercised by an officer called 7rpwpeSs,
who seems to have been next in rank to the steersman, and to have had the care of the gear, and the
command over the rowers. (Xenoph. Oecon. vii.
14.)
2. Tle stern (7rp/~vxA, puppis) was generally
above the other parts of the deck, and in it the
helmsman had his elevated seat.  It is seen in the
representations of ancient vessels to be rounder     EC    5 AR  D/VIf,
than the prow, though its extremity is likewise                          l1
sharp.  The stern was, like the prow, adorned in
various ways, but especially with the image of the
tutelary deity of the vessel (gutela).  In some representations a kind of roof is formed over the
head of the steersman, and the upper part of the
stern frequently has an elegant ornament called
arlustre, and in Greek  AeAar'orv, which constituted the highest part of the poop.  It formed a
corresponding ornament to the alcpoo'TAXlov at the
prow.  At the junction of the aplustre with the    3. The -rpdchpn  is the bulwark of the vessel, or
stern on which it was based, we commonly observe rather the uppermost edge of it. (Hesych. s. v.) Il
an ornament resembling a circular shield: this small boats the pegs (orcalAuot, scaleim) between
was called a&o'rLSELoY or a&'mrtion.  It is seen on  which the oars move, and to which they are fastthe two aplustria here represented.  (Comp. Apol- ened by a thong (TrporMWra'p), were upon the'rpdcpl-s.
(BiJckh, Urk-und. p. 103.) In all other vessels the
oars passed through holes in the side of the vessel
(ofOaxeAoi, TrpiljaTa, or Trvg7rL7ara).  (Schol.
Aristoph. Alcharn. 97, &c.)
4. The middle part of the deck in most ships of
war appears to have been raised above the bulwark
or at least to a level with its upper edge, and thus
4.t)/K/f}  C                enabled the soldiers to occupy a position from
which they could see far around and hurl their
darts against the enemy.  Such an elevated deck
appears in. the annexed woodcut representing a
Moneris.  In this instance the flag is standing
upon the hind-deck.  (Mazois, Pomp. Part I. tab.
xxii. fIg. 2.)
lon. Rhod. i. 1089, ii. 601; Apollod. i. 9.   22; 
Hem. I. xv. 716; Herod. vi. 114.) The aplustre
rose immediately behind the gubernator, and served
in some degree to protect him from wind and rain.              t__.Sometimes there appears, beside the aplustre, a.           =
pole, to which a fillet or pennon (vrauta) was attached, which served both to distinguish and adorn    5. One of the most interesting, as well as inithe vessel, and also to show the direction of the  portant parts in the arrangements of the Biremes,
wind.  In the column of Trajan, a lantern is sus- Triremes, &c., is the position of the ranks of
pendled from the aplustre so as to hang over the rowers, from  which the ships themselves derive
deck before the helmsman.  The aplustre com- their names.  Various opinions have been entermnonly consisted of thin planks, and presented a tained by those who have written upon this subbroad surface to the sky. In consequence of its ject, as the information which ancient writers give
conspicuous place and beautiful form, the aplustre  upon it is extremely scanty.  Thus much, howwas often taken as the emblem of maritime affairs: ever, is certain, that the different ranks of rowers,
it was carried off in triumph by the victor in a who sat along the sides of a vessel, were placed
raval engagement (Juven. x. 135), and Neptune is one above the other.  This seems at first sight
8n 2




788                 NAVIS.                                             NAVIS.
very improbable, as the common ships in later the rudder. (Eurip. Iph. Taur. 1346, Hel. 1554;:
times must have had five ordines of rowers on each  Polyb. xvi. 3.) The oars varied in size accordingly
side, and since even the lowest of them must have  as they were used by a lower or higher ordo of
been somewhat raised above the surface of the  rowers, and from the name of the ordo by which
water, the highest ordo must have been at a con- they were used, they also received their special
siderable height above it, and consequently required  names, viz. tcc/ral,  aXdaulat, Cyiati, and aparivery long oars: the apparent improbability is still rlies.  Bdckh (Urbk. p. 119) has calculated, that
more increased, when we hear of vessels with  each Trireme on an average had 170 rowers.  Ill
thirty or forty ordines of rowers above one another. a Quinquereme during the first Punic war, the
But that such must have been the arrangement is average number of rowers was 300  (Polyb. i.
proved by the following facts: First, In works of 26); in later times we even find as many as 400.
art, in which more than one ordo of rowers is re- (Plin. xxxii. 1.)   The great vessel of Ptolemaeus
presented, they appear above one another, as in  Philopator had 4000 rowers (Athen. v. p. 204),
the biremres given on pp. 784, a, 791, a, and in  and the handle of each oar (E/yXeLpgitov) was partly
several others figured by Mlontfaucon   Secondly, made of lead, that the shorter part in the vessel
The Scholiast on Aristophanes (Aclharn. 1106; might balance in weight the outer part, and thus
compare Aristoph. Ran. 1105) states that the lowest render the long oars manageable.  The lower part
rank of rowers having the shortest oars and con- of the holes through which the oars passed, appear
sequently the easiest work, received the smallest to have been covered withleather (&ecoowa), which
pay, while the highest ordo had the longest oars, also extended a little way outside the hole. (Arisand consequently had the heaviest work and re- toph. Accharn. 97, 7with the Schol.; Schol. ad Raet.
ceived the highest pay. Thirdly, In the monstrous  367; Suidas, s. v.'Aoalcc6Aa'a and apOfEpa: comEeroaapaco,'PTp7i7   of Ptolemaeus Philopator, the  pare Bbckh, Ur/c. 106, &c.)  The TraptJs also condescription of which by Callixenus (ap. Altenz. v. tained the 7rephiecp, which must consequently be a
p. 203, &c.) is as authentic as it well can be, the  particular kind of oars.  They must have derived
height of the ship from the surface of the water to  their name, like other oars, from  the class of
the top of the prow (&K'pooTr6xi,) was 48 cubits, rowers by whom  they were used.  BMckh supatld from the water to the top of the stern (&~pAaoTa) poses that they were oars which were not regu53 cubits.  This height afforded sufficient room  larly used, but only in case of need, and then by
for forty ranks of rowers, especially as they did not the Epibatae.  Their length in a Trireme is stated
sit perpendicularly above one another, but one at from  9 to 91 cubits, but in what part of the
rower, as may be seen in the above representation  vessel they were used is unknown.  Respecting
of a Bireme, sat behind the other, only somewhat oars in general see the Appendix in Arnold's
elevated above him.  The oars of the uppermost Tltucqyd. vol. ii. p. 461, &c.
ordo of rowers in this huge vessel were b3  cubits    2. Tlie rudder (7ndiALov, gzlbernsaculusms).  Belong.                                             fore the invention of the rudder, which Pliny
In ordinary vessels from the Moneris up to the  (H. N. vii. 57) ascribes to. Tiphys, the pilot of
Quinqueremis each oar was managed by one maan, the ship Argo, vessels must have been propelled
which cannot have been the case where each oar and guided by the oars alone.  This circumstance
was 38 cubits long.  The rowers sat upon little  may account for the form of the ancient rudder, as
benches attached to the ribs of the vessel, and  well as for the mode of using it.  It was like an
called e&Asa, and in Latinfori and transltra. The  oar with a very broad blade, and was commonly
lowest row of rowers was called aaAi"aosr, the  placed on each side of the stern, not at its exrowers themselves, aXaAitTrat or daXad/Ato. (Schol. tremity.  The annexed woodcut presents examples
td Aristopih. Acharn. 1 ] 06.) The uppermost ordo of of its appearance as it is frequently exhibited on
rowers was called apdvos, and the rowers themselves gems, coins, and other works of art.  The figure
apavyra. (Thucyd. vi. 31.) The middle ordo or or- in the centre is from  one of Bartoli's lamps (Luc.
dines of rowers were called Cvy, Si'yiot or vyT7rat. Ant. i. 5), and shows a Triton blowing the buccina,
(Pollux, i. 9.)  Each of this last class of rowers  and holding a rudder over his shoulder.  The lefthad likewise his own seat, and did net, as some  hand figure in the same woodcut is from a cameo
have supposed, sit upon benches running across in the Stosch collection.  It represents a rudder
the vessel.  (Biickh, Usr]und. p. 103, &c.)       with its helm or tiller crossedby the cornucopia.
We shall pass over the various things, which  Ia the third figure taken from  another cameo in
were necessary in a vessel for the use and main.
tenlallce of the crew and soldiers, as well as the
machines of war which were conveyed in it, and
confine ourselves to a brief description of things
belonging to a ship as such.  All such utensils are             <
divided into  wooden and  anginag gear (-ce l7                                     cE\
A nWva, and ICrevr/ KpcpEtcaTard, Pollux, x. 13; Athen.'!
i.'p. 27).  Xenophon  (Oecon. viii. 12) adds to
these the ace6VF T7rXEiTd, or the various kinds of                          I
wickerwork, but these are more properly comprehended among the KpetjAaora.
I. 4KsCs6  uAlxva.
1. Oars (cJxrat, remi).  The collective term for
oars is 7ajplbs, which properly signified nothing but
the blade or flat part of the oar (Herod. viii. 12; Pollux, i. 90), but was afterwards used as a collective
expression for all the oars with the exception of




NAVIS.                                             NAVIS.                    89
the same collection, Venus leans with her left mast or top-gallant mast. (Apollon. Rhod. i. 565;
arm upon a rudder to indicate her origin from the  Athen. xi. 49.)  The carchesium  was sometimes
sea.  The rudder was managed by tile guber- made to turn upon its axis, so that by means of its
nator (,v6epvr~7'ls), who is also called the rector apparatus of pulleys, it served the purpose of a
navis as distinguished from the magister.  A ship  crane.  (Vitruv. x. 2, 10, with Schneider's note.)
had sometimes one, but more commonly two rud-    7. The yards (icipar, stEptaantenna). The mainders (Aelian, Y. H. ix. 40; Heliod. Aethiop. v. yard was fastened to the top of the mast by ropes
p. 241, ed. Comm.; Acts xxvii. 40), and they  termed ceruchi, as seen in the annexed woodcut.
were distinguished as the right and. left rudder
(IHygin. Fab. 14); but they were managed by the
same steersman to prevent confusion.  (Bartoli,
1. c. iii. 31.)  In larger ships the two rudders were
joined by a pole which was moved by the gubernator and kept the rudders parallel.  The contrivances for attaching the two rudders to one
another and to the sides. of the ship, are called
fevyiAa (Eurip. 1Helen. 1556) or evicvTspifat (Acts,
xxvii. 40).  The famous ship of Ptolemaeus Philopator had four rudders, each 30 cubits in length.
(Athen. v. p. 204; comp. Tac. Ann. ii. 6.) 
3. Ladders (OrlXqati1es, scalae). Each Trireme
had two wooden ladders, and the same seems to
have been the case in -rpmaKdvsopo. (Biickh, p. 125.)
4. Poles or punt poles (Icov-rot, conti). Three of   ---                                 __
these belonged to every Trireme, which were of dif-                -
ferent lengths, and were accordingly distinguished
as KOYr,'s /eyae, cKo,'rS  tuKMps, and icovr-s S eo'os.
Triacontores had probably always four punt poles. To the mainvard was attached the mainsail, which
(CoNTUS; Bockh, p. 125, &c.)                      wa-s hoisted or let down as the occasion might re5. Iapaarar     or supports for the msts. They  sLquire. For this purpose a wooden hoop was made
seem to have been a kind of props placed at the  to slide up and down the mast, as we see it refoot of the masts. (Isidor. Orig. xix. 2. 11.) The  presented in an antique lamp, made in the form of
mast of a Trireme, as long as such props were a ship. (Bartoli, 1. c. iii. 31; comp. Isid. Orig. xx.
used, was supported by two.  In later times they  15.)  In the two extremities of the yard (cornea,
do not occur any longer in Triremes, and must have  aKpOKcpaeat), ropes (cerscisi, K?1pouXOl) were atbeen supplanted by something else.  The Triacon- tached, which passed to the top of the mast; and
tores on the other band retained their- 7rapaGrdaiT.'by means of these ropes and the pulleys connected
(Biickh, p. 126, &c.)                              with them, the yard and sail, guided by the hoop,
6. The mast (la-is, nmaluse).  Theancients had  were hoisted to the height required.  (Caes. de
vessels with one, two  or three masts.   From  Bell. Gall. iii. 14; Lucan, viii. 177; Val. Flacc. i.
Bdckh's Urkzunden we learn that two masts zwere  469.)  There are numerous representations of anlissued at Athens from  the vEc6ptOV for every tri- cient ships in which the antenna is seen, as in the
reme.  The foremast was called &tcdreos, while  two woodcuts here appended.  In the second of
the mainmast was called Hirods.'-yeas'.   A  tria-  them, there are ropes hanging down from the anconter, or a vessel with 30 rowers, had likewise  tennar, the object of which was to enable the sailors
two masts, and the smaller mast here as wvell as to turn the antenna and the sail according to the
in a trireme was near the prow.  In three-masted  wind.
vessels the largest mast was nearest the stern.
The masts as well as the yards were usually of
fir.  (Plin. H.  N. xvi. 76.)  The invention of
masts  in navigation is attributed to Daedalus             )
(Plin. I. N. vii. 56.) The part of the mast immediately above the yard (antenna), formed a structure similar to a drinking cup, and bore the name
of carchesissn   (tcapXo'itov).  Into it the mariners 
ascended in order to manage the sail, to obtain a
distant view, or to  discharge missiles. (Eurip.
JIecub. 1237, with the Schol.; Lucil. Sat. 3.) The              II.::IKEVIn KPEs/eaTd.
ceruchi or other tackle may have been fastened to    1.'TYroScuara.  This part of an ancient vessel
its lateral projections which corresponded to the  was formerly quite misunderstood, as it was behands of a cup.  (Comp. Pind. Nem. v. 94.) The  lieved to be the boards or planks covering the outcarchesia  of the  three-masted  ship built  for side of a ship and running along it in the direction
Iliero II. by Archimedes were of bronze.  Three  from poop to prow.  But Schneider (ad Vitruv. x.
men were placed in the largest, two in the next, 15. 6) has proved that the word means cordage or
and one in the smallest.  Breastworks (awpciria)  tackling, and this opinion, which is supported by
were fixed to these structures, so as to supply the  many ancient authors, is confirmed by the docuplace of defensive armour; and pulleys (rpoX-q. ments published by BMickli, where it is reckoned
Amal, trochleae) for hoisting up stones and weapons  among the -eVSq tcpeuiCacor. The biroecuaTr'a were
from below. (Athen. v. 43.)  The continuation of thick and broad ropes which ran in a horizontal
the mast above the carchesium  was called the  direction around the ship from the stern to the
" distaff"'(AaKcT7r), corresponding to'our top- prow, and were intendel to keep the whole fabric
33




790                 NAVIS.                                             NAVIS.
together.  They ran round the vessel in several wrpdrovos was the rope which went from the top of
circles, and at certain distances from one another. the mainmast (capXo'Lov) to the prow of the ship,
The Latin name for vreCpcua is tormentur. (Isidor. and thus was what is now called the main-stay.
Orig. xix. 4. 4; Plato, de Re Publ. x. p. 616.) b. sdcires and icepovXoL are probably names for the
The length of these tormenta varied accordingly as same ropes which ran from  the two ends of the
they ran around the higher or lower part of the  sail-yard to the top of the mast.  In more ancient
ship, the latter being naturally shorter than the  vessels the ota's consisted of only one rope; in later
former.  Their number varied according to the times it consisted of two, and sometimes four,
size of the ship. The Tessaracontores of Ptolemaeus which uniting at the top of the mast, and there
Philopator had twelve 67roeSyarTa, each 600 cu- passing through a ring, descended on the other
bits long.  (Athen. v. p. 204.)  Such b7rob(cyara side, where it formed the iriTrovos, by means of
were always ready in the Attic arsenals, and were which the sail was drawn up or let down. (Bickh,
only put on a vessel when it was taken into use. pp. 148-152.)  Compare the lower woodcut at
Sometimes also they were taken on board when a p. 789, which shows a vessel with two ceruchi, and
vessel sailed, and not put on till it was thought the upper woodcut p. 789, which shows one witl
necessary. (Act. Apost. xxvii. 17.) The act of put- four ceruchi. c. &iyicora, Latin anquina (Isid. Oriy.
ting them on was called dvrocoovv'vam or aeaovvs6vam, xix. 4. 7), was the rope which went from the middle
or Cnam. (Polyb. xxvii. 3; Appian, B. C. v. 91; of a yard to the top of the mast, and was intended
Apoll. Ibhod. Agon. i. 368.)  A Trireme required  to facilitate the drawing up and letting down of the
four 57ro~C&aTa, and sometimes this number was sail. The &?yicouta a1rA'7 of Quadriremes undoubteven increased, especially when the vessel had to  edly consisted of two ropes.  Whether Triremes
sail to a stormy part of the sea. (B1;ckh, pp. 133- also had themr double, is uncertain. (Pollux, 1. c.;
138.)                                             Bickh, p. 152.)  d. IHIes (pedes) were in later
2.'I''lov (velum>), sail.  Most ancient ships times as in the poems of Homer the ropes attached
had only one sail, which was attached with the  to the two lower corners of a square sail.  These
yard to the great mast.  In a Trireme too one sail 7rdscs ran from the ends of the sail to the sides of
might be sufficient, but the trierarch might never- the vessel towards the stern, where they were
theless add a second. As each of the two masts of fastened with rings attached to the outer side of the
a Trireme had two sail-yards, it further follows bulwark. (Herod. ii. 36.) Another rope is called
that each mast might have two sails, one of which  7rpg7rovu, propes (Isidor. Orig. xix. 4. 3), which was
was placed lower than the other.  The two be- probably nothing else than the lower and thinner
longing to the main-mast were called ia-ria cEydea, end of the 7ros, which was fastened to the ring.
and those of the fore-mast ziserta /a'creia. (Xenoph. c.'TmirEpa  were the two ropes attached to the two
Ilellen. vi. 2. ~ 27; Bekker, Anecdot. pp. 19, 10.) ends of the sail-yard, and thence came down to a
The former were used on ordinary occasions, but part of the ship near the stern.  Their object was
the latter probably only in cases when it was to move the yard according to the wind.  In Latin
necessary to sail with extraordinary speed.  The  they are called opifera, which is, perhaps, only a
sails of the Attic war-galleys, and of most ancient corruption of lmypera.  (Isidor. Osig. xix. 4. 6.)
ships in general, were of a square form, as is seen  The last among the ro-rea is the XaXvo6s, or
in numerous representations on works of art. Whe- bridle, the nature of which is quite unknown.
ther triangular sails were ever used by the Greeks, (Bickh, p. 154, &c.)
tas has been frequently supposed, is very doubtful.    4. rIapaeptucaTa.  The ancients as early as the
The Romans, however, used triangular sails, which  time of Homer had various preparations raised
they called Szuppara, and which had the shape of above the edge of a vessel, which were made of skins
an inverted Greek A (V), the upper side of which  and wicker-work, and which were intended as a
was attached to the yard.  Such a sail had of protection against high waves, and also to serve as
course only one Yro's (pes) at its lower extremity. a kind of breast-work behind which the men might
(Schol. ad Lucan. rP/ars. v. 429; Isidor. Or(ig. xix. be safe against the darts of the enemy. These eleva3, 4; Biickh, pp. 138-143.)                       tions of the bulwark are called 7rapaPPqT-a, and
3. Tore7a, cordage.  This word is generally ex- in the documents in Bickh they are either called
plained by the grammarians as identical with'rpiXlva, made of hair, or Xewvc&, white.  They
aXotvla or iccaXoi: but from  the documents in  were probably fixed upon the edge on both sides
Bickh it is clear that they must have been two  of the vessel, and were taken off when not wanted.
distinct classes of ropes, as the ~ro7rea  are always  Eachgalley appears to havehad severalrapappvJuaera,
mentioned after the sails, and the  -XotLLa before  two made of hair and two white ones, these four
the anchors.  The o-xou'ia (funes) are the strong  being regularly mentioned as belonging to one ship.
ropes to which the anchors were attached, and by  (Xenoph. Hellen. i. 6. ~ 19; Biickh, p. 159, &c.)
which a ship was fastened to the land; while the    5. KaTd'CGArla and vrdnd4GXtca.  The former of
Troe7rea were a lighter kind of ropes and made with  these occurs in Quadriremes as well as in Triremes,
greater care, which were attached to the masts, the latter only in Triremes.  Their object and
yards, and sails. Each rope of this kind was made  nature are very obscure, but they appear to have
for a distinct purpose and place (0r-ros, whence  been a lighter kind of 7rapdit]v/a. (Polyaen. Strut.
the name rroreoa).  The following kinds are most iv. 11, 13; B1ickh, p. 160, &c.)
worthy of notice:- a. KaX.3ia or icdXot.  What    6.:Xotv'a are the stronger and heavier kinds of
they were is not quite clear, though Bickh thinks it ropes.  There were two kinds of these, viz. the
probable that they belonged to the standing tackle, sxolwia ayicqpEia, to which the anchor was attached,
i. e. that they were the ropes by which the mast and aXolvga eri-yva or  71riyeLa (retinacula), by
was fastened to both sides of the ship, so that which the ship was fastened to the shore or drawn
the 7rp4doyVo in the Homeric ships were only an  upon the shore.  Four ropes of each of these two
especial kind of KeaX.Sia, or the icaXp.~a them- kinds is the highest number that is mentioned as
selves differently placed.  Ia  later times  the  belonging to one ship.  The thick ropes were made




NAVIS.                                           NAVIS.-, 91
of sevcral thinner ones. (Aristoph. Pax, 36; they first appear to have become aware of the
Varro, de Re Rust. i. 135; Biickh, pp. 161-166.)  importance of a fleet, was during the second
7. The anchor (ayc6pa, ancora.)  We have al- Samnite war, in the year B. c. 311.  Livy (ix. 30),
ready remarked that in the Homeric age, anchors  where he mentions this event, says: duumzviri
were not known, and large stones (eiyal, sleepers)  navales classis ornandae reficiendaeque causa were
used in their stead. (Horn. 11. i. 436, xiv. 77, Od. then for the first time appointed by the people. This
ix. 137, xv. 498.) According to Pliny (H. N. 57), expression suggests that a fleet had been in existthe anchor was first invented by Eupalamus and  ence before, and that the duumviri navales had been
afterwards improved by Anacharsis.  Afterwards, previously appointed by some other power. [DUUMwhen anchors were used, they were generally made  VIRI.]  But Niebuhr (Hist. of Rome, iii. p. 282),
of iron, and their form, as may be seen from the  thinks that the expression of Livy only means,.
annexed figure, taken from a coin, resembled that that at this time the Romans resolved to build'
of a modern anchor.  (Comp. Virg. Aen. i. 169, their first fleet.  The idea of founding a navy was
probably connected with the establishment of a
colony in the Pontian islands, as the Romans at
this time must have felt that they ought not to be
defenceless at sea.  The ships which the Romans
now built were undoubtedly Triremes, which were
then very common among the Greeks of Italy, and
most of them were perhaps furnished by the Italian
towns subject to Rome. This fleet, however insignificant it may have been, continued to be kept
up until the time when Rome became a real maritinme power.  This was the time of the first Punic
war.  That their naval power until then was of no
vi. 3.)  Such an anchor was often termed bidenzs, importance, is clear from  Polybius (i. 20), who
Srxir, &aupifoXeos or &/io-Tro'os, because it had  speaks as if the Romans had been totally untwo teeth or flukes; but sometimes it had only  acquainted with the sea up to that time.  In the
one, and was then called E'epoo'dgros.  The tech- year B. c. 260, when the Romans saw that without
nical expressions in the use of the anchor are: a navy they could not carry on the war against
ancoram   solvere,  yat'paV XaXav, to loose the  Carthage with any advantage, the senate ordained
anchor; ancorasm jacere, &yicvpav, 8daXXeut or tlfr- that a fleet should be built.  Triremes would now
TveV, to cast anchor; and ancoramz tollere, aymcnpav  have been of no avail against the high-bulwarked
ai'pesm  or   aivopeoOam, to weigh anchor, whence  vessels (Quinqueremes) of the Carthaginians.  But
auses', by itself means " to set sail," &ylcpav  the Romans would have been unable to build others
being understood.  The following figure, taken  had not fortunately a Carthaginian Quinquereme
from a marble at Rome, shows the cable (funis), been wrecked on the coast of Bruttium, and fallen
passing through a hole in the prow (ocuelzs). Each  into their hands.  This wreck the Romans took as
their model, and after it built 120 (Polyb. 1. c.), or
according to others (Oros. iv. 7) 130 ships. According to Polybius one hundred of them  were' evr7pEtLS, and the remaining twenty Trpl'pesLS, or,
as Niebuhr proposes to read, TreTrpipers.  This
large fleet was completed within sixty days after
the trees had been cut down. (Plin. H. N. xvi.
74.)  The ships, built of green timber in this hurried way, were very clumsily made, and not likely
to last for any time; and the Romans themselves,
for want of practice in naval affairs, proved very
for seventeen ships were taken and destroyed by
#X'7 —      -//lV\ the Carthaginians off Messina.  (Polyb. i. 21;
-__'~- ~-~- ~,~,_  A~   ~APolyaen..Stat. vi. 16; Oros. iv. 7.)  C. Duilius,
-.. -e a -        F. who perceived the disadvantage with which his
countrymen had to struggle at sea, devised a plan
ship of course had several anchlors;the one in  which enabled them to change a sea fight, as it
which St. Paul sailed had four (Acts, xxvii. 29), were, into a fight on land.  The machine, by which
and others had eight. (Athen. v. 43.) The last or this was effected, was afterwards called corevs,
nost powerful anchor, "the last hope," was called  and is described by Polybius (i. 22; comp. Nieepd, sacene, and persons trying their last hope were  buhr, iii. p. 678, &c.; CoaRvvs).  From this time
said sarne solveres.  To indicate where the  anchor forward the Romans continued to keep up a power'lay, a bundle of cork floated over it on the surface ful navv.  Towards the end  of the Republic they
of the waters.  (Pans. viii. 12; Plin. H. N. also increased the size oftheirhips, and built war
Xvi. 8.)                                        vessels of from six to ten ordines of rowers.  (FloThe preceding account of the different parts of nrs, iv. 11; Virg. Aen. viii. 691.)  The construethe ship will be rendered still clearer by the  tion of their ships, however, scarcely differed from
drawing on the following page, in which it is at-  that of Greek vessels; the only great difference
tempted to give a restoration of an ancient ship.    was that the Roman galleys were provided with a
The Romans in the earlier period of their his- greater variety of destructive engines of war than
tory never conceived the idea of increasing their those of the Greeks.  They even erected turres
power by the formation of a fleet. The time when  and tabulata upon the decks of their great men-of3r 4




792                NAVIS.                                          NATJMACHIA.
=t 0
(7L
nIREMIS.
A. Prora, 7rpcpa.'                               K. Malus, loTdi.
B. Oculus, ofOa2poiS.                              L. Velum, larT-s.
C. Rostrum, EjUgOAoS.                              M. Antenna, Kcepana,':par.
D. Cheniseus, X7vtleuos.                           N. Cornua, iuaposcEpaca.
E. Puppis, 7rp6vw.                                 0. O. CeruChi, Kcepo3XO0.
F. Aplustre, &lpAa'rov, with the pole containing    P. CarcesiUmn, apXopxsev.
the fascia or taenia.                                Q. icdaol, Kaksla.
G. rpd~qV.                                        It. R rpoTVorE.
H. Remi, sc67rat.                                  S. Pedes, 7r48es.
1. Gubernaculum,'7r5&Aeov.                        T. Opi/ra, ireipac.
war (naves turritae), and fought upon them in the    NAU MA'CHIA, was the name given to the re.
same manner as if they were standing upon the  presentation of a sea-fight among the Romans, and
walls of a fortress.  Some of such naves turritae  also to the place where such engagements took
occur in the woodcuts given above.  (Flor. I. c.; place.  These fights were sometimes exhibited in
Plut. Anton. 33; Dion Cass. xxxii. 33; Plin. H. N. the Circus or Amphitheatre, sufficient water being
xxxii. 1; comp. Caes. de Bell. Gall. iii. 14; Dion  introduced to float ships, but more generally in
Cass. xxxix. 43; Veget. de Re lilit. v. 14, &c.)    buildings especially devoted to this purpose.  The
For a more detailed account of the ships and first representation of a sea-fight on an extensive
navigation of the ancients, see Scheffer, De Militia  scale was exhibited by Julius Caesar, who caused
Navyali, Upsala, 1654; Berghaus, Geschicahte der a lake to be dug for the purpose in a part of the
Sciff'fahrtskunde der vornelmnsten Vklcer des Al- Campus Martius, called by Suetonius the " Lesser
terthums; Benedict, Gesch. der Sch1ifffahrt und des Codeta"  (Dion Cass. xliii. 23; Suet. Jul. Caes.
Handels der Alten; Howell, On the War- galleys of  39); this lake was afterwards filled up in the time
the Ancients; A. Jal, Arclheologie 2Lavale, Paris, of Augustus on account of the malaria arising from
1840; and for the Attic navy especially, Bickh's the stagnant water in it. (Dion Cass. xlv. 17.)
Urkunden tiber das geewzesen des Atischen Slaates, Augustus also dug a lake (stagnumz) near the Tiber
Berlin, 1840; K. Haltaus, Gesclichte Roms -im  for the same purpose, and planted around it a grove
Zeitalter der Punisclhen Krsiege,  Leipzig, 1846, of trees (nemus). (Suet. Aug. 43; Tacit. Ann. xii.
p. 607, &c.)                           [L, S.]    56, xiv. 15.) - Thij nanumachia was the first per



NAUTODICAE.                                           NEBRISS.                 793
manent one; it continued to be used after others  rights of a phrator without his father and mother
had been made, and was subsequently called the  being citizens, shows that their institution must,"vetus naumachia."  (Suet. Tit. 7; Dion Cass. belong to a time when it was sufficient for a mall
lxvi. 25; Ernesti, ad Slet. Tib. 72.) Claudius ex- to be a citizen if only his father was a citizen,
hibited a magnificent sea-fight on the lake Fucinus. whatever his mother might be, that is, previous to
(Tacit. Ann. xii. 56; Suet. Claud. 21; Dion Cass. the time of Pericles (Plut. Pericl. 37; compare
Ix. 33.)  Nero appears to have preferred the am-  CIVITAS, p. 289), and perhaps as early as the
phitheatre for these exhibitions. (Dion Cass. lxi. time of Cleisthenes.  The liautodicae were ap9, lxii. 15.)  Domitian made a new naumachia, pointed every year by lot in the month of Gamelion,
and erected a building of stone around it, in which  and probably attended to the 8fal ar    r4pauwv, only
the spectators might sit to see the engagement. during the winter, when navigation ceased, whereas
(Dion Cass. lxvi. 8; Suet. Doma. 4, 5.) Representa-  the 8hcal ~evlia. might be brought before them all
tions of naumachiae are sometimes given on the  the year round.
coins of the emperors. (Scheffer, de Militia Narali,   It is a well known fact that the two actions
iii. 2. pp. 189, 191.)                           (Utca  /ulr~dpwv and Uicat Evlas) which we hava
The combatants in these sea-fights, called Naot- here assigned to the nautodicae, belonged, at least
ntachiarii (Suet. Claud. 21), were usually captives  at one time, to the thesmothetae.  (Meier, Alt.
(Dion Cass. xlviii. 19) or criminals condemned to  Proc. p. 64, &c.)  Several modern writers, such as
death (Dion Cass. lx. 33), who fought as in gladia- B6ckh, Baumstark, and others, have therefore
torial combats, until one party was killed, unless been led to suppose that all the grammarians who
preserved by the clemency of the emperor.  The  call the nautodicae &pXat are mistaken, and that
ships engaged in the sea-fights were divided into  the nautodicae were not eieayw/ers  in the cases
two parties, called respectively by the names of above mentioned, but au1carrae'.  But this mode of
different maritime nations, as Tyrians and Egyp- settling the question does not appear to us to be as
tians (Suet. Jul. 31), Rhodians and Sicilians (Suet. satisfactory as that adopted by Meier and SchisClaud. 21; Dion Cass. lx. 33), Persians and Athe- mann. (Alt. Pr'U. p. 85, &c.)  In all the speeches
nians (Dion Cass. lxi. 9), Corcyraeans and Corin- of Demosthenes no trace occurs of the nautodicae,
thians, Athenians and Syracusans, &c. (Id. lxvi. and in the oration against Lacritus (p. 940), where
25.)  These sea-fights were exhibited with the  all the authorities are mentioned before whom such
same magnificence and lavish expenditure of human  a case as that of Lacritus might be brought, the
life as characterised the gladiatorial combats and  orator could scarcely have failed to mention the
other public games of the Romans.  In Nero's  nautodicae, if they had still existed at the time.
naumachia there were  sea-monsters swimming  It is therefore natural to suppose that the   iefarL
about in the artificial lake (Suet. Nero, 12; Dion  e',u-c7rpwv at the time of Philip of Macedonia, when
Cass. lxi. 9), and Claudius had a silver Triton  they became alicaL k/x1,oL [ERIVIENi DIKAI],
placed in the middle of the lake Fucinus, who was were taken from the nautodicae and transferred to
made by machinery to give the signal for attack  the thesmothetae.  And as the republic could not
with a trumpet.  (Suet. Claud. 21.)  Troops of now think it any longer necessary to continue the
Nereids were also represented swimming about. office of nautodicae, merely on account of the aBeas
(Martial, de Spect. 26.) In the sea-fight exhibited  eviasr, these latter were likewise transferred to the
by Titus there were 3000 men engaged (Dion Cass. thesmothetae, and the office of the nautodicae was
lxvi. 25), and in that exhibited by Domitian the  abolished. The whole period during which nautoships were almost equal in number to two real dicae existed at Athens would thus comprehend
fleets (paenejuastae classes, Suet. Does. 4). In the  the time from the legislation of Cleisthenes or soon
battle on the lake Fucinus there were 19,000 com- after, to Philip of Macedonia.  One difficulty howbatants (Tacit. Ann. xii. 56), and fifty ships on  ever yet remains, for nautodicae are mentioned by
each side. (Dion Cass. lx. 33.)                  Lucian (ii. p. 203, ed. Bip.) in a dialogue which
NAUTA.  [ExERCITORIA ACTIO.]                  the author represents as having taken place after
NAU'TICON (YaVuwTls). [FENUS, p. 525, b.]  the death of Alexander.  Those who are unwilling
NAUTO'DICAE (YaVTnluca,), are called apXaL to believe that Lucian here, as in other places, has
or magistrates by most of the ancient grammarians  been guilty of an anachronism, must suppose that
(Ilarpocrat. Suidas, Lex. Rhet. s. v. Naurose8Ka,), the nautodicae were after their abolition restored
while a few others call them  atcao'rai.  (Hesych. for a time, of which however there is no other evis. v.)  The concurrent authority of most of them, dence. (Compare Beckh, Publ. Econ. i. ~ 9;13Baumtogether with a passage of Lysias (de Pecun. Publ. stark, De Curatoribzus Esmporii et Nautodicis crpid
p. 189, Bremi), the only Attic orator who mentions  Athenienses, pp. 65-78.)           [L. S.]
the nautodicae, renders it more than probable that    NEBRIS, a fawn's skin (from sycgps, a fawn
they were a magistracy.  This can be the less see AEGIS), worn originally by hunters and others
doubtful as the words 8aKd'Sei, and  mceaoTIrs are  as an appropriate part of their dress, and aftersometimes used of magistrates in their capacity of wards attributed to Dionysus (Eurip. Baclch. 99,
elaywcoyers.  (Meier, Att. Proc. p. 28; see EISA-  125, 157, 790, ed. Matt.; Aristoph. Ranae, 1209;
GOGEIS.) All testimonies of the ancients moreover Dionys. Perieg. 702, 946; Rufus Festus Avien.
agree that the nautodicae had the jurisdiction in  1129), and consequently assumed by his votaries
matters belonging to navigation and commerce, and  in the processions and ceremonies which they obin matters concerning such persons as had entered  served in honour of him.  [DIONYSIA.]  The antheir names as members of a phratria without both  nexed woodcut, taken from Sir Wim. Hamilton's
their parents being citizens of Athens, or in other  Vases (i. 37), shows a priestess of Bacchus in the
words, in the 8bicai eurlpowv and  ibxaL eias.r. The  attitude of offering a nebris to him or to one of
time when nautodicae were first instituted is not his ministers.  The works of ancient art often
mentioned, but the fact that they had the jurisdic-  show it as worn not only by male and fernale baction in cases where a person had assumed the  chanals, but also by Pans and Satyrs. It was




794 NEGOTIORUM GESTORUM ACTIO.                                       NEMEA.
view of doing it for nothing, but with the intention
of establishing a right against the negotii dominos,
though that might not be the immediate motive to
-  undertaking the thing (Savigny, Systenm, &c. iii. p. 6,
note 9.) There was, however, no negotiorum gestorum actio contraria, if the gestor had done the acts
(\   y! 2N>W9that he did, with the clear intention of doing an act
of Liberalitas or Pietas.  The edict allowed a man
to recover the expenses that he had been put to
about another man's interment, though he had no
direct authority for looking after it.  The reason
of the rule was, that persons might not be prevented
I.,We'd t           // @froul attending to so necessary a matter as the in~'i~ h     v  terment of a corpse, if there was no person present
to wsom  the duty belonged.  (Dig. I1. tit. 7.
De RIelig. et Sumptibus funerum.)
It was a much disputed question what was the
effect of Ratihabitio on the negotiorum  gestio,
whether it was thereby turned into a Mandatum.
(See Vangerow, Pandekten, &c., iii. p. 483.) The
dominus was not bound by the negotiorum gestio,
except when the acts done were such as were necessary to prevent some imminent loss or damage to
his property, as already observed.  BIut he might,
if he pleased, confirm the negotium, though it was
male gestum.
=,, —_-,e-,.-e —-— ~;,~ 3:~           (Inst. 3. tit. 27. s. 3, &c.; Dig. 44. tit. 7. s. 5;
Dig. 3. tit. 5. De ANegotiis Gestis; Cod. 2. tit. 19;
commonly put on in the same manner as the aegis, Vangerow, Pandekten, &c. iii. p. 479.)  [G. L.]
or goat-skin, by tying the two fore legs over the    NEGOTIATO'RES, signified specially during
right shoulder so as to allow the body of the skin  the later times of the republic Roman citizens
to cover the left side of the wearer. (Ovid. Met. vi. settled in the provinces, who lent money upon in593.)                                 [J. Y.]   terest or bought up corn on speculation, which
NECRODEIPNON (Yeicpdeitnrov). [FUNU2, they sent to Rome as well as to other places.
p. 557, b.)                                      Their chief business however was lending money
NECY'SIA (veKv'-La).  [FuNus, p. 558, a.]    upon interest, and hence we find the words neyotia,
NEFASTI DIES.  [DIES.]                         negotiatio, and negotiari used in this sense. The
NEGATI'VA,NEGATO'RIA ACTIO. [CoN. negotiatores are distinguished from  the publical2i
FESSORIA ACTIO.]                                 (Cic. ad Att. ii. 16, "maloe neotiatoribus satisfacere,
NEGLIGE'NTIA.  [CULPA.]                        quam pzlblicanis;" comp. Cic. Verr. ii. 3, pro
NEGOTIOIRUM    GESTO'RUM   AICTIO.  Flace. 16, pro Leg. M1amnil. 7), and from the mzerThis was an action which a man might have  catores (Cic. pro Plane. 26, " negotiatoribus comis,
against another who had managed his affairs for |mercatoribus justus "). That the word negotiatores
him in his absence, without being commissioned to  was, during the later times of the republic, always
do so (sine neandato). The action was not founded  used in the signification above given is amply
either on contract or delict, but was allowed for proved by Ernesti in the treatise quoted below,
convenience sake (utilitatis causa).  The person  and is also sufficiently clear from  the following
whose business was transacted by another, and the  passages (Cic. pro Elace. 29, Verr. iii. 60, ad Q.
person who transacted the business, might severally  F2. i. I, pro Mlacc. 36; Hlirt. B. A:fr. 36). Hence
have an action against one another in respect of the negotiatores in the provinces corresponded to
that which " ex bona fide alterum alteri praestare  the argentarii and feneratores at Rome; and ac.
oportet."   The dominus negotii had a negotioium  cordingly we find Cicero giving  the  name of
gestorum actio directa.  The action of the self- jfeseratores to certain persons at Rome, and afterconstituted agent (gestor) was sometimes called  wards calling the very same persons nezgotiatores
Contraria, by analogy to similar actions in other when they are in the provinces (Cic. ad Att. v. 21,
cases.  He was bound to make good any loss that vi. 1-3).  Compare Ernesti, De Negotiatoribus ia
was incurred during his administration by dolus  his Opuscula Philologica.
or culpa, and in some instances even loss that had    NEMEA (ve'Jea,  velutea or velamda), one of the
been incurred by casus.  On the other hand, he  four great national festivals of the Greeks. It was
had his action for all expenses properly incurred, held at Nemea, a place near Cleonae in Argolis.
and in some cases, even if the result was unfortu-  The various legends respecting its origin are renate to the absent person; as if he paid for medi-  lated in the argumenta of the Scholiasts to the
cal attendance on a sick slave, and the slave died  Nemea of Pindar, with which may be compared
notwithstanding all his care: but various diffi- Pausanias (ii. 15. ~ 2, &c.), and Apollodorus (iii.
culties might easily be suggested as to such cases  6. ~ 4). All these legends, however, agree in
as these (Dig. 3. tit. 5. s. 10), and the rule must stating that the Nemea were originally instituted
be qualified by the condition of the thing under- by the Seven against Thebes in commemoration
taken being a thing necessary (to the owner) to  of the death of Opheltes, afterwards called Archebe undertaken, though the result might be unpro- morus.  When the Seven arrived at Nemea, and
fitable.  It was also necessary that the gestor were very thirsty, they met Hypsipile, who was
should have undertaken the business not with the  carrying Opheltes, the child of the priest of Zeus




NEMEA.                                             NEXUM.                    795
and of Eurydice.  mWhile she showed to the he-  games (Liv. xxvii. 30, &c.; Polyb. x. 26), and
roes the way to the nearest well, she left the child  Quintius Flamininus proclaimed at the Nemea the
behind lying in a meadow, which during her ab-  freedom of the Argives.  (Liv. xxxiv. 41; Polyb.
sence was killed by a dragon. When the Seven on  x. 26.)  The emperor Hadrian restored the horsetheir return saw the accident, they slew the dragon  racing of boys at the Nemea, which had fallen into
and instituted funeral games (&ycvu' i7rltdi0os) to  disuse.  But after his time they do not seem  to
be held every third year (rplers7lpUcds).  Other  have been much longer celebrated, as they are no
legends attribute the institution of the Nemean  longer mentioned by any of the writers of the
games to Heracles, after he had slain the Nemean  subsequent period.  (See Villoison, Ilistoire de
LIon; but the more genuine tradition was that he  l'Acad. des Inscript. et Bell. Lett. vol. xxxviii.
had either revived the ancient games, or at least p. 29, &c.; Schhmann, PlutarlcLi Agis et Cleoneznes,
introduced the alteration by which they were from  &c. ~ x.)                               [L. S.]
this time celebrated in honour of Zeus. That Zeus    NE'NIA.  [FUNUS, p. 559, a.]
was the god in honour of whom the games were    NEO'CORI  (vewocdpoi),  signified  originally
afterwards celebrated is stated by Pindar (Nern. temple-sweepers (Hesych. and Suid. s. v.), but
iii. 114, &c.).  The games were at first of a war- was applied even in early times to priestly officers
like character, and only warriors and their sons  of high rank, who had the supreme superintendwere allowed to take part in them; subsequently, ence of temples and their treasures. (Plat. vi. p.
however, they were thrown open to all the Greeks  759; Xen. Anab. v. 3. ~ 6.)  Under the Romanl
(813uLorcTnbXl r-rjos ~euvEapate).  The games took  emperors the word was especially applied to those
place in a grove between Cleonae and Phlius. cities in Asia, which erected temples to the Roman
(Strabo, viii. p. 377.)  The various games, ac- eminperors, since the whole city in every such case
cording to the enumeration of Apollodorus (1. c.), was regarded as the guardian of the worship of tile
were horse-racing, running in armour in the stadium   emperor.  Accordingly we frequently find on the
(Paus. ii. 15. ~ 2), wrestling, chariot-racing and  coins of Ephesus, Smyrna, and other cities, the
discus, boxing, throwing the spear and shooting  epithet NeaIcmdpos, which also occurs on the inwith the bow, to which we may add musical con- scriptions of these cities. None of these cities, howtests.  (Paus. viii. 50. ~ 3; Plut. Philop. 11.)  ever, was allowed to assume this honour without
The Scholiasts on Pindar describe the agon very  obtaining the permission of the Roman senate, as
imperfectly as  rirurKcb  and 7yvu/lcds.  The prize  we learn from inscriptions. (Comp. also Tac. Ann.
given to the victors was at first a chaplet of olive- iv. 55, 56.)  For further information on this subbranches, but afterwards  a  chaplet of green  ject, see Krause, NEaKOPO:, C'ivitates Neocorace
parsley.  When this alteration was introduced is sire Aedit2uae, Lips. 1844. [AEDITUI.]
not certain, though it may be inferred from an ex-    NEODAMO'DEIS (veoaaotol6els). [HELOTES,
pression of Pindar (Nles. vi. 71), who calls the  p. 592.]
parsley (aeAtvov) the JorcTda AedvrTos, that the    NEPTUNA'LIA, a festival of Neptune, celenew  prize was believed to have been introduced  brated at Rome, of which very little is known.
by Heracles.  The presidency at these games and  (Varro, de Ling. Lat. vi. 19.)  The day on which
the management of them  belonged at different it was held, was probably the 23d of July.  In
times to Cleonae, Corinth, and Argos, and from  the ancient calendaria this day is marked as Nept.
the first of these places they are sometimes called  ludi et feriae, or Nept. ludi, from which we see
Hyn, KXe&chatos.  The judges who awarded the  that the festival was celebrated with games.  Reprizes were dressed in black robes, and an in- spectingthe ceremonies of this festival nothing is
stance of their justice, when the Argives presided, known, except that the people used to build huts
is recorded by Pausanias (viii. 40. ~ 3).          of branches and foliage (usnbsae, Fest. s. v. Usnbrae),
Respecting the season of the year at which the  in which they probably feasted, drank, and alnused
Nemean games were celebrated, the Scholiast on  themselves. (Horat. CarCe. iii. 28. 1, &c.; Tertull.
Pindar (Argumn. ad Nelo.) merely states that they  De Spect. 6.)                           [L. S.]
were held on the 12th of the month of Panemus,    NERO'NIA.  [QuINQUENNALIA.]
though in another passage he makes a statement    NEXI.  [NExvuA.]
which upsets this assertion. Pausanias (ii. 15. ~ 2)    NEXUM  is defined by Manilius to be " omne
speaks of winter Nemea,'and manifestly distin-  quod per libram et aes geritur, in quo sint Manguishes them  from  others which were held in  cipia."  Mucius Scaevola has a different definition:
summer.  It seems that for a time the celebration  " quae per aes et libraml fiSant ut obligentur, praeter
of the Nemea was neglected, and that they were  quae mancipio dentur."  Varro (de Ling. Lat. vii.
revived in 01. 53. 2, from  which time Eusebius  105, ed. Miiller) who has preserved both these dedates the first Nemead. Henceforth it is certain that finitions, prefers the latter, as being consistent with
they were for a long time celebrated regularly twice  the etymology of the word: " quod obligatur per
in every Olympiad, viz. at the commencement of libram, neque suum sit, inde Nexum dictum."  As
every second Olympic year in the winter, and soon  an illustration he adds: " Liber qui suas operas
after the commencement of every fourth Olympic  in servitutem  pro pecunia quadam debebat, dumn
year in the summer.  This has been shown by  solveret, nexus vocatur, ut ab aere obaeratus.'
Biickh in an essay 8iber die Zeitverhiiltnisse der The difference in these definitions arises solely
Demostl&. Rede gegen Midias, in the transactions  from the different aspect under which the Nexuml
of the Berlin Acad. 1818, 1819.  Histor. Pkhilol. is viewed.  Every Nexum  was in the form  of a
Klasse, p. 92, &c.; compare Ideler, Ilandb. der  sale, and consequently, viewed as to its formal
C/lsronol. ii. p. 606, &c. About the time of the  part, Nexum comprehended Mancipium. The Tesbattle of Marathon it became customary in Argolis  tamenti factio was also included under Nexum.
to reckon according to Nemeads.                    Viewed as to its object and legal effect, Nexum
In 208 B. c. Philip of Macedonia was honoured  was either the transfer of the ownership of a thing,
by the Argives with the presidency at the Nemean  or the transfer of a thing to a creditor as a secu



796               INEX UlM.                                         NEXUM.
rity: accordingly in one sense Nexum  included  an object of sale; and this object of sale might be a
Mancipium, as explained in MANCIPIUI; in an- thing or a person.  We need not assume that "per
other sense, Mancipiuml and Nexum  are opposed  aes et libramn se obligare," and for a man to make
in the same way in which Sale and Mortgage or himself Nexus are the same. In the case of Nexum
Pledge are opposed.  The formal part of both  aes, it is more consistent to consider the aes as the
transactions consisted in a transfer per aes et object of the obligatio per aes et libram, and in the
libram.  This explanation is consistent with the  case when a man made himself Nexus to consider
definitions of the jurists, and the uses of these two  the man as the object.  It does not follow  then
words.                                           that an obligatio per aes et libram always made a
The person who became Nexus by the effect of man Nexus; but there is no difficulty in asa Nexum or Nexus (for this form of the word also  suming that a man only became Nexus with referis used) was said Nexum inire.  (Liv. vii. 19.) ence to an obligatio per aes et libram, so that a
The phrases Nexi datio, Nexi liberatio respectively  man could contract an obligatio per aes et libram,
express the contracting and the release from  the  and at the same time coulld make himself Nexus. A
obligation.                                      free man could not properly be the object of a sale,
The Roman law as to the payment of borrowed  but it requires only a slight acquaintance with Romoney (pecunia certa credita; see Lex Gall. Cisalp. man law to perceive that this difficulty could be
21, 22) was very strict.  A  curious passage of got over by a fiction.  As in the case of Manu.
Gellius (xx. 1) gives us the ancient mode of legal mission Per Vindictam there was a fiction that the
procedure in the case of debt, as fixed by the  slave was free; so there might here be a fiction
Twelve Tables.  If the debtor admitted the debt, that the freeman was a slave. And if this is not
or had been condemned in the amount of the debt admitted as a probable solution, it cannot be denied
by a judex, he had thirty days allowed him for that there is as much difficulty in understanding
payment. At the expiration of this time, he was the co-emtio of a female, who was sui juris, which
liable to the Manus Injectio [MANUS INJECTIO], as a legal fact is quite certain, as the formal sale of
and ultimately to be assigned over to the creditor a freeman with his consent.  The notion of a free(addiclus) by the sentence of the praetor.  The  man giving himself into the power of another, so
creditor was required to keep him  for sixty days far from being foreign to the notions of Roman
in chains, during which time he publicly exposed  law, as some writers have asserted, is perfectly
the debtor one three nundinae, and proclaimed the  consistent with them, as we see in the instance of
amount of' his debt.  If no person released the adrogation.  The Nexum then being in the form
prisoner by paying the debt, the creditor might of a sale, the Nexus was in a servile condition
sell him as a slave or put him to death.  If there  as a necessary consequence of the Nexum, and the
were several creditors, the letter of the law al- opinion that there must be an addictio to give
lowed them to cut the debtor in pieces, and to take  effect to the Nexum, is inconsistent with the notheir share of his body in proportion to their debt. tion of the Nexum.  According to this view, a
Gellius says that there was no instance of a credi- Nexus, as soon as the contract of Nexum was
tor ever having adopted this extreme mode of satis- made, was in the condition of an Addictus, and
fying his debt.  But the creditor might treat the  both were treated as slaves.  But it has been
debtor, who was addictus, as a slave, and compel urged, that "one cannot discover any reason for
him to work out his debt; and the treatment was this self-pledging (nexzum), since every insolvent,
often very severe.                               even when there was no nexum, must become his
In this passage Gellius does not speak of Nexi, creditor's slave (addictus), and how can we underbut only of Addicti; which is sometimes alleged  stand that the abolition of the nexum was such an
as evidence of the identity of nexus and addictus, advantage gained by the Plebeians (Liv. viii. 28),
but it proves no such identity.  Ifa Nexus is what if the addictio still remained, which might be ohhe is here supposed to be, the Law of the Twelve tained when there was no nexum; and it cannot
Tables could not apply; for when a man had once be denied that it did remain? "  The advantage
become Nexus with respect to one creditor, he could  consists precisely in the difference between a connot become Nexus to another; and if he became tract which cannot be enforced against a person
Nexus to several at once, in this case the creditors without the forms of legal proceeding, and a conmust abide by their contract in taking a joint se- tract which at once gives a man a power over
curity. This Law of the Twelve Tables onlyapplied  his debtor without any application to a court of
to the case of a debtor being assigned over by a justice.  The effect of the abolition of the Nexui,
judicial sentence to several debtors, and it provided  in this its special sense, while the Addictio still
for the settlement of their conflicting claims.  The  existed, may be illustrated by the supposed case of
distinction between a nexum and a res judicata  a landlord's remedy for the recovery of his rent by
is obvious enough, though  some writers  have  distress being abolished, while his other remedies
missed it.                                       under the contract for letting and hiring remained.
The precise condition of a Nexus has however    It is remarked by Goettling (Geschichde der
been a subject of much discussion among scholars, RWim. Staatsverfass2ung) that " the comparison of
and it is not easy to reconcile all the passages in  the Adrogatio and the Adoptio gives the clearest
-which the term occurs so as to deduce from them  proof of the correctness of Savigny's view, who rea consistent view of the matter. Sometimes indeed  jects the notion of a freeman pledging himself. In
Nexus appears to be used in the same sense as the case of the Adrogatio of a Roman, who is sni
Addictus, which cannot cause any difficulty if we juris, there was no mancipatio which such person
consider that the effect of being Nexus mind Ad- could effect as to himself: but in the case of adopdictus was the same, as will presently be made tion, a mancipatio occurs, and it is effected by the
probable.                                        living father and the son together.  In the case of
As a Nexum was effected per aes et libram, it coemtio it certainly appears, as if the woman of
was in the form of a sale, and of course there was herself effected a self-mancipation; shle, however,




NEXUM.                                           NEXUM.                    797
is not herself auclor, but her guardian is auctor."   made a nexus should be done away with by another
There may be some weight in this observation, the  legal act; and this seems to be the Nexi liberatio
point of which appears to be this: there was man-  which was done per aes et libram.  It also apcipatio in the case of adoption, where the adopted  pears from  a passage in Livy (vi. 14), that a
person was in the power of another, but no man- certain person, who was judicatus pecuniae, and is
cipatio in the case of Adrogation, where the  not described as nexus, was released from  his
adopted person was not in the power of another. obligation per aes et libram.  In the time of Gaius
The tacit conclusion then seems to be, that if an imaginary form of payment per aes et libraml
in one case there was no mancipatio and yet a  was retained in cases where the obligation was
person was brought into the power of another contracted either per aes et libram or was due ex
with his own consent, there could be no mancipa- judicati causae.  (Gaius, iii. 173-175.)  There
tio when a person consented to put himself into a  seems indeed no reason why this ceremony should
servile relation to another; for it is here assumed  have been used in the case of an addictus who
that a nexum was voluntary.  But this is not a  wished to be restored to his former state, for the
legitimate conclusion.  It is easy to see that man- Addictio was by implication only to have an effect
cipatio in the case of adoption, where the son was till the debt was paid. It might be contended that
in the power of the father, was a sufficient form, such was the effect of the Nexumn also, but we
considering that the person adopted was only a  must distinguish between the effect of a sentence
filius familias; and that Adrogation, which was of the Praetor and a solemn act like that of the
of a person who was sui juris, was a very different Nexum, which was in form a transfer of ownermatter, and required other forms to be observed, ship.  The addictus was protected against injilria
because the person adrogated was not a filius- from his master (Gaius. i. 141), and it is said that
famniias.  [ADOPTION.]  A  nexum  effected no  he retained his name and tribe; but it is somewhat
change of familia like an adoption or adrogation, difficult to understand how he retained his tribe,
and while its object was different from that of both  since he had sustained Infamia.  Upon the disof these ceremonies, it is quite consistent for its  charge of his obligations the addictus, it seems,
form to have been the same as the form of the one, returned to his former status.
and different from the form of the other.          It was Niebuhr's opinion that the Nexum, when
The mode in which Goettling (p. 123) explains  it became a form of giving security, had not its
this matter of the nexum is as follows: " A free  complete effect until the debtor was unable to pay
citizen can come into a mancipii causa  when he  and was brought into the condition of a debtorcannot pay a loan (aes confssusn) out of his own  slave by the addictio.  An  answer to this has
meana. What in such case he has to give security  been already given.  If it required an addictio to
for, that to which he has bound himself, is called  make a person nexus, what was the use of a Nexumn
nexum (namely aes); hence the phrases nexi datio, when a man might become addictis, even when
nexi liberatio.  The person who does such an act there was no Nexum? The only intelligible sois called nexems (from nexus nexfus) iniens, nexuen  lution of all these difficulties is that a Nexum, in
~fciezs, but after he has received the loan in the  which there was a mancipatio personae, had an
above solemn manner, he is nexu obligatus, nexu  immediate effect.
vinctus: as soon as he has failed to fulfil his obli-   It seems to be a legal consequence of a Nexum
gation, and in conseqnence of such failure has been  and an Addictio that the children, if they were in
addicted (addictuzs), and given in mancipium by  the power of the parent, must follow his condition,
the magistrate, he is called nexus (adjective), qui se  as in the case of adrogation.
nexum  dedit"- -a more confused account of the    In  the  case mentioned  in Livy (viii. 28),
thing, or one more remote from legal precision, can-  where the son is said to have been nmexus for
nsot be imagined. The passage of Livy (ii. 27) is his father's debt (cue se nexeun dcdisset), it may
cot easy to explain.  (Compare Liv. ii. 23.)     be that the father bound his son only, which lihe
The Lex Poetelia (B. c. 326) alleviated the con- could certainly do just in the same way as lie
dition of the nexi.  So far as we can understand  could mancipate him.  If the son was not in his
its provisions, it set all the nexi free or made them  father's power, he could still bind himself onl besoluti (Liv. viii. 28, nexi soluti), and it enacted that half of his father.  The expression in Livy does
for the future there should be no nexum (cauetzmozque not enable us to determine which of the two
id posteC1rm a ne necterent2r), and that no debtor possible cases was the real case, but it seems proshould for the future be put in chains. Addictio  bable that the son was in the power of the father.
however still continued in force after the Lex  Unterholzner observes (Lehre des RMnm. Reclts von
Poetelia, as we see in several instances.  (Liv. den Schzclddvelealteissen, i. p. 31. note g): " The
xxiii. 14; Sail. Cat. 33; Cic. pro PFlcco, 20.)  legal condition of the nexi is one of the most ohIt appears from the Lex Galliae Cisalpinae (c. 21, scure points in the old Roman law.  It is here as22), that in the case of other actions there was  sumed that a man by the personae mancipatio came
only a Possessio Bonortim, but in the case of pe- into this condition.  Persons who were in the
cunia certa credita there was personal execution.  Patria Potestas could for the noxae cause, which
The enactment of the Lex Julia which introduced  was long maintained in practice, and also on acthe Bonorumn Cessio, and gradual changes in so- count of the debts of hinm who had the Potestas,
ciety, must have diminished the frequency of the  consequently in a sense after the nature of a pawn,
Addictio.  [BoNoRuAI CEsseIo.]  In the system   and by virtue of the so-called paternal power of
of Justinian, Nexum did not exist, for the use of sale, be mancipated.  Further, we must assume
aes et libra in legal transactions had ceased.   that persons who were sui juris could also manciNeither the Addictus nor the Nexus was a slave, pate themselves by way of pawn, though no eviamd his ingenuitas was only in suspense.  As to  dence of that has been preserved. This is made
thile Nexum, it must have been necessary that the  the less incredible, since we cannot doubt, that
effect of the legal act by which the ingenuus was  womenl  who were sini juris could make a coemtio,




798               NEXUM.                                           NOBILES.
rand consequently could mancipate themselves either    NO'BILES, NOBI'LITAS.   In  the early
matrimonii causa or fiduciae causa, whereby how- periods of the Roman state the Patricians were the
ever they did not, like the nexi, come into a con-  Nobles as opposed to the Plebs.  The Patricians
dition similar to that of slaves, but only into a  possessed the chief political power and the distincstate of dependence similar to that of a child. tion which power gives.  Livius, who wrote in
The nexi were, as a matter of course, in mancipio, the age of Augustus, and is not very careful in the
and consequently alieni juris, but for that very  use of terms, often designates the Patricians by
reason greatly different from the addicti.  How-  the term Nobilis (vi. 42); and yet Nobilis, in its
ever, they could, like them, be put in chains, until proper historic sense, has a different meaning.
the power of putting debtors in chains was al-   In B. C. 366, the plebeians obtained the right of
together abolished."                             being eligible to the consulship, and finally they
The meaning of the provision in the Twelve  obtained access to all the curule magistracies.
Tables, cited by Gellius, as to cutting the debtor  Thus the two classes were put on the same footing
in pieces has been a subject of much discussion. as to political capacity.  Those plebeians who had
Taylor in his essay (Comment. ad L. Deceinvis'alen   obtained a curule magistracy were thus elevated
de Inope Debitore in partis dissecando) attempts to  above their own body, and the personal distinction
prove that Gellius misunderstood the old law, and  of a father would confer distinction on his descendthat the words of the Twelve Tables " partis  ants.  It is in the nature of aristocratical institu.
secanto: si plus minusve secuerint se fraude esto,"  tions to perish if they are exclusive; but they
mean that the several creditors are intitled to have  perpetuate themselves by giving a plebeian class
the " partis," that is, the " operae " of the addictus the power of entering within their narrow limits.
divided or distributed among them; and he goes on  Those who are received within the body of nobles
to explain the rest of the law in these terms: are pleased at being separated from their former
" Communis sit servus eorum, qui quidem  ad- companions, and are at least as exclusive in their
fuerint; et sine fraude esto, si ceteri toties proci.. notions as the original members of the class which
tati suas quoque partis in Debitore non vindica- they have joined.
verint."  But the arguments of Taylor are by no    This was the history of Nobilitas at Rome. The
means satisfactory.  The  conjecture  that the  descendants of plebeians who had filled curule
6" partis " are the shares of the creditors arising  magistracies formed a class called Nobiles or men
from the sale of the debtor, is also unsupported by  " known," who were so called by way of distinction
any proof. This monstrous enactment, if we take  from " Ignobiles " or people who were not known.
it literally, shocks all our notions of humanity, but The Nobiles had no legal privileges as such; but
it has been well observed that it is by no means they were bound together by a common distinction
inconsistent with the spirit of the old Roman law; derived from a legal title and by a common interest;
and the fact of an actual division of a debtor's body  and their common interest was to endeavour to
not being on record, is no proof against, and hardly  confine the election to all the high magistracies to
furnishes a presumption against the existence of the members of their body, to the Nobilitas. Thus
such a law.  The Romans had no prisons for the descendants of those Plebeians who had won
debtors. The creditor was the debtor's jailer, and  their way to distinction combined to exclude other
we know that in the oldest time he was often a  Plebeians from the distinction which their own
cruel keeper.  When there were several creditors  ancestors had transmitted to them.
who claimed the body of a debtor, he might be    The external distinction of the Nobiles was the
kept by any one for the benefit of himself and the  Jus Imaginum, a right or privilege which was aprest till the sixty days were over; but after that parently established on usage only, and not on any
time, if the creditors could not agree among them- positive enactments.  These Imagines were figures
selves, there was no possible mode of settling their  with painted masks of wax, made to resemble
conflicting claims than that which the law of the  the person whom they represented (Plin. II. ir.
Decemviri gave them, and which they might adopt xxxv. 2. expressi cera vtieus); and they were
if they chose.  Such a law could never be carried  placed in the Atrium of the house, apparently in
into effect in any country, as the legislators must small wooden receptacles or cases somewhat in the
have well known, and thus while its terms fully  form  of temples (5SkAlva va'La, Polyb. vi. 53).
satisfied the claims of the creditors, in practice it The Imagines were accompanied with the tituli
may have turned out really favourable to the debtor. or names of distinction which the deceased had
(See the remarks of Gellius on this part of the  acquired; and the tituli were connected in some
law, xx. 1.)  But the solution of the difficulty is  way by lines or branches so as to exhibit the
quite a different matter from the fact of its ex- pedigree (stemma) of the family.  (Compare the
istence, which is in no way to be questioned be- passages quoted in Becker, p. 222, note 53.) These
cause we cannot explain it.                      Imagines were generally enclosed in their cases,
The various authorities on the subject of the  but they were opened on festival days and other
Nexum and Addictio are referred to by Rein, Das great ceremonials, and crowned with bay (lanRInm. Privatreclht, p. 313, &c.  The writer of this  reatae): they also formed part of a solemn funeral
article has not had the advantage of seeing the  procession.  The most complete account of these
essay of Savigny, Ueher das altrimsischle Schlddrecl7t,  Imagines is in the passage of Polybius, which has
Berlin, 1834.  The whole subject is still en- been already referred to; but there is frequent
cumbered with difficulty, as will appear from a  mention of them in the Roman writers.
reference to the various writers on this subject.    These were the external marks or signs of a
The note of Walter (Geschichlte des MImsz. Rechts,  Nobilis Familia; a kind of heraldic distinction in
p. 642. n. 6) appears to contain the true statement substance.  The origin of this use of Imagines
as to the difference between the effect of a Nexum  from which the notion of a Roman Nobilitas must
and a Res Judicata; but he rejects the notion of a  not be separated, is uncertain. The term Nobilitas,
man selling or pledging himself.      [G. L.]    as already observed, is applied by Livius to a




NOBTLES.                                         NOBILES.                  7.99
period of Roman history before the consulship was had attained a like distinction.  The kinsfolks on
opened to the Plebeians; and it is possible that the mother's side were also included, so that a
the Patricians may have had the use of Imagines, stemma would contain both Agnati and Cognati.
which those Plebeians afterwards adopted, when  Adoption would also increase the number of perthe curule magistracies were opened to them. The  sons who would be comprised within a stemma;
Patricians carried  back their pedigrees (stem- and if Affines were occasionally included, as they
mata) to the remotest historical period and even  appear to have been, the stemma would become an
beyond it. (Tacit. Ann. iv. 9.)  It seems probable  enormous pedigree.
that the Roman Nobilitas, in the strict sense of    The word Optimates, as explained by Cicero
that term, and the Jus Imaginum, originated with  (pro Sest. 45) is opposed to Populares: he dcthe admission of the Plebeians to the consulship  scribes the Optimates to be all those " qui neque
B. c. 366.  The practice of having Imagines, as  nocentes sunt nec natura improbi.nec furiosi nee
alheady observed, may have existed and probably  malis domesticis impediti."  This is no political
did exist before the notion of the Jus Imaginum  definition: it is nothing more than such a name as
was established.  Indeed, as the object of the  Conservative or any other like name.  The use of
Patricians, who were all of equal rank so far as  it in Livius (iii. 39) shows how he understood it;
respected their class, would be to attach to them-  but Livius is blameable for using the term with
selves such Plebeians as were elected to Curule  reference to those early times.  Velleius (ii. 3)
magistracies, it seems conformable to the nature of describes the Optimates, as the Senatus, the better
the thing that the family of such plebeians should  and larger part of the equestris ordo, and such part
be allowed or invited to adopt some existing dis- of the Plebs as were unaffected by pernicious countinction which should separate them from the body  sels: all these joined in the attack on Gracchus.
to which they properly belonged.  Usage would  This opens our eyes to the real meaning of Optisoon give to such a practice the notion of legality; mates: they were the Nobilitas and the chief part
and thus the Jus Imaginum would be established, of the Equites, a rich middle class, and also all
as many Roman institutions were, by some general others whose support the Nobilitas and Equites
conviction of utility or upon some prevailing notion, could command, in fact all who were opposed to
and it would be perpetuated by custom.           change that might affect the power of the Nobilitas
A plebeian who first attained a Curule office  and the interests of those whom  the Nobilitas
was the founder of his family's Nobilitas (princeps  allied with themselves.  Optimates in this sense
nobilitatis; auctor generis).  Such a person could  are opposed to Plebs, to the mass of the people;
have no imagines of his ancestors; and he could  and Optimates is a wider term  than Nobilitas,
have none of his own, for such imagines of a man  inasmuch as it would comprehend the Nobilitas
vere not made till after he was dead. (Polyb. vi. and all who adhered to them.
53.)  Such a person then was not nobilis in the    The term Populares is vague. It could be used
full sense of the term, nor yet was he ignobilis. to signify the opponents of the Nobilitas, whether
IHe was called by the Romans a "novus homo "  the motives of these opponents were pure and
or a new man; and his status -or condition was honest, or whether the motives were self-aggrancalled Novitas. (Sall. Jszg. 85; the speech which  dizement through popular favour. Of Caesar, who
is put in the mouth of C. Marius.)  The term  sought to gain the popular favour, it was truly
novus homo was never applied to a Patrician. said, that it was not so much what he gave to the
The first novus homo of Rome was the first people which made him  formidable, as what he
Plebeian Consul, L. Sextius; and the two most would expect to get from  them  in return.  A
distinguished "novi homines" were C. Marius and  Popularis might be of the class of the Nobilitas,
and M. Tullius Cicero, both natives of an Italian  and very often was. He might even be a Patrician
municipium.                                      like Caesar: his object might be either to humble
The Patricians would Qf course be jealous of the nobles, or to promote the interest of the people,
the new  nobility; but this new nobility once  or to promote his own; or he might have all the
formed would easily unite with the old aristocracy  objects, as Caesar had.
of Rome to keep the political power in their hands,    The Nobilitas is discussed by Becker, lIandand to prevent more novi homines from polluting  bzuchl de Rimisclhen Alitersitiner, ii. lste Abth.; and
this exclusive class. (Sall. Jug. 63.)  As early as there is probably little to add to what he has said,
the second Punic war this new class, compounded  and little to correct in it. There are also some reof Patricians or original aristocrats, and Nobiles  marks on the Roman Nobiles in Zachariae, Ssulf
or newly-engrafted aristocrats, was able to exclude  (i. 5). He observes of Sulla that though his family
novi homines from the consulship. (Liv. xxii. 34.)  was Patrician, he could hardly be considered as
They maintained this power to the end of the  belonging to the Nobiles in the strict sense, as the
republican period, and the consulship continued  term Nobilitas implied that some one of a man's
almost in the exclusive possession of the Nobilitas. ancestors had filled a curule magistracy, and it
The testimony of Cicero, himself a novus homo, on  also implied the possession of wealth.  But this
this point is full and distinct.                is a confused view  of the matter.  Sulla's anThe mode in which the Nobilitas continued to  cestors had filled curule magistracies; and though
keep possession of the great offices in the state, is his family was poor, it was still Nobilis.  A
neither difficult to conjecture, nor to establish by  Nobilis, though poor, as Sulla was, was still Noevidence; but the inquiry does not belong to this  bilis.  Want of wealth might deprive a man of
place.                                           influence, but not of the Jus Imaginnm.  If there
As to the persons who would be included in the  was any Patrician whose ancestors had never filled
stemma of a noble family, it appears that all the  a curule magistracy, he would not be Nobilis in
ascendants of a man up to the ancestor who first the strict sense. But when the Nobilitas had been
attained a curule office would be comprehended, formed into a powerful body, which was long beand of course all the intermediate ancestors who  fore the reforms of the Gracchi, the distinction of




800               TNOMEN.                                              NOMEN.
Patrician was of secondary importance.  It would  was the tenth after their birth.  (Aristoph. Av,
seem unlikely that there was any patrician gens 922, &c.)  According to some accounts a child re.
existing in the year B. c. 133, or, indeed, long  ceived its name as early as the seventh or even
before that time, the families of which had not fifth day after its birth.  [AMPlUalDom lxA.]  The
enjoyed the highest honours of the state many  tenth day, called 5Esca'rT, however, was a festive
times.  The exceptions, if any, would be few.      day, and friends and relations were invited to take
In reading the Greek writers on Roman history, part in a sacrifice and a repast, whence the exit is useful to attend to the meaning of the political pressions 8EKdrr  DueEl  and 8EIcdT77rY er'tta.  If
terms which they use.  The  vvatroi of Plutarch  in a court of justice proofs could be adduced that
(Tib. GraccrL. 13, 20), and the 2r2AovSot,, are the a father had held the aeKcdT77, it was sufficient
Nobilitas and their partisans; or as Cicero, after evidence that he had recognised the child as his
he was made consul, would call them  the Opti- own.  (Demosth. c. Boeot. i. p. 1001, c. Boeot. ii.
mates. In such passages as Dion Cassius (xxxviii. p. 1017; Isaeus, de Pyrrh. kesred. p. 60.)
2), the meaning of vvpaTOL may be collected from     The fact that. every Greek had only one name
the context.                           [G. L.]   rendered  it necessary  to have an innumerable
NODUS, in a special sense, was applied to the variety of names, and never has a nation shown
following parts of dress:- I. The knot used in more taste, ingenuity, and invention in devising
tying on the scarf [CsLA YVS] or other article con- them than the ancient Greeks. But however great
stituting the AMICT'rs.  This was often effected the number of names might be, ambiguity and conby the aid of a brooch [FIBULA], a ring, or some fusion could not be avoided; and in reading the
jewel (Virg. Ane. i. 320, vi. 301, xi. 776; Claud. works of the Greeks we are not always certain
(de Rapt. Pros. ii. 40); but frequently in the whether the same name in different passages or
method shown in the woodcut of Diana at p. 276. writers belongs to one or to several persons.  The
1I. The knot of hair (cdcpuvumos, KcpWC6\os), either Greeks themselves were aware of this, and where
at the top or at the back of the head adopted by  accuracy was of importance they used various
both sexes in fastening their long hair, which was means to prevent mistakes. Sometimes they added
turned upwards or backwards for the purpose  the name of thie father in the genitive case, as
(crine r1usus addecto revocare nodo, Seneca, Oedip.'AAltclaCdS s 6 KXEWLvov,. In1XEL-rodvaa 6 Havo'aviou:
ii.; Virg. Aen. iv. 138; Hor. Epod. xi. 28).  Ex- sometimes they added the name of the place or
amples may be seen in the woodcuts at pp. 329, country in which a person was born, in the folrm of
597.  III. The knot of leather worn by boys of an adjective, as  ovoKva8s ils'AOnqae7os,'HpOdoros
the poorer classes at Rome instead of the golden'AXlnapaoraaeis, XapsavTtir s Ilarlmtsr, AL caiapB ULLA.                                [J. Y.]    XOS 6 Mresdavos, &c.; sometimes they added an
NOMEN  (bvoaa), name.   1. GREEK.  The epithet to the name, expressing either the occupaGreeks,'as is well known, bore only one name (Panus. tion or profession which a person followed, or invii. 7. ~ 4), and it was one of the especial rights of dicating the school to which he belonged. Instances
a father to choose the names for his children, and  are of such frequent occurrence that it is superfluous
to alter them if he pleased. (Demosth. c. Boeot. i. to quote any.  The custom of adding the father's
p. 1002, 1006, c. Miacart. p. 1075, &c.)  It was  name was called 7rarpoO'v o,'ojuaCieo0at. (Paus. vii.
customary to give to the eldest son the name of 7. ~ 4; Xenoph. Oeconolm. 7. ~ 3.)
the grandfather on his father's side.  The history    In common life the Greeks had yet another
of Greece contains many instances of this custom, means of avoiding ambiguity, and this was the
and Sositheus (ap. Demostli. c. Afacart. 1.c.) says, frequent use of nicknames, expressive of mental or
" I gave to my eldest son, as is just (&)srsep Kcal bodily peculiarities and defects.  Thus DemosBiKaLdV ia'r), the name of my father."  (Compare  thenes was from  his childhood called,BdraXos.
Eustath. ad II. v. 546.) What custom was generally  (Aeschin. c. Timastic. pp. 139, 142; Denlosth. de
followed in regard to the other children may be  Coron. p. 288.)  Aristophanes (Av. 1291, &c.)
inferred from the same passage, for Sositheus goes mentions several names of birds which were used
on to say, that he called his second son after the  as nicknames; other nicknames are preserved in
name of his wife's father, the third after a relation  Athenaeus (vi. p. 242).
of his wife, and the fourth son after his own    (Compare Becker, Cliarikoes, vol. i. p. 23, &c.)
grandfather on his mother's side.  Mothers seem      2. ROMAN.  In the earliest history of Rome
also sometimes to have assumed the right of givinlg  there occur persons who are designated by only
the names to their children (Eurip. Ph-'loe. 58), one name, such as Romulus, Remus, and others,
and it may be that, as in the case described by  while there are many also who bear two names.
Aristophanes (Nub. 60, &c.), sometimes a quarrel The Romans of a later age were themselves unarose between the parents, if they could not agree  certain as to the legitimate number of names borne
upon the name to be given to a child.  A boy also  by the earliest Romans; and while Varro (ap.
sometimles received the name of his father, as in  Val. lelax., Epitome de Nomainumn Ratione), Apthe cases of Demosthenes and Demades, or one  pian (Rosa. list. Praef. 13), and others, stated
similar to that of his father.  Nausinicus thus that the earliest Romans used only to have one
called his son Nausiphilus, and Callicrates called  name, their opponents adduced a great many inhis son Callistratus.  (Bickh, ad Pind. P?/ft. iv. stances in which persons had two.  This question
I. 265.) A similar method was sometimes adopted  will perhaps be placed in a more proper light, and
In the names of several brothers; thus two brothers  become more satisfactorily settled, if we consider
in the speech of Lysias against Dizagiton are called  separately the three distinct elements of which
Diodotus and Diogiton.  In some cases lastly, the the Roman  nation was composed in its origin, and
lname of a son was a patronyimicon, formed from  it will then be found that both Varro and his opthe name of the father, as Phocion, the son of ponenlts are right or wrong according as their as-'Phocos.                                          sertions are applied to one or to all of the three
The da;y on which children received their names tribes.




NOMEN.                                             NOMEN.                    801I
The Sabines, from  the earliest times down to  others.  When, therefore, Varro and Appian say
the end of their existence, had two names (Val.  that the earliest Romans had only one name, they
MIax. de Nomineun  Ratione), one indicating the  were probably thinking of the Latins.  There ocindividual as such (praenonzes), e.g. A lbus, Volesus, cur, indeed, even at an early period, Latins with
Pompus (Val. Max. I.c.), Talus (Fest. s.v.), Caius, two names, such as Geminus  Metius, Metills
Titus, Quintus, Appius, &c., and the second the  Suffetius, Vitrivius Vaccus, Turnus Hierdonius,
gens to which the individual belonged, which ter-  &c.; but these names seem  to be either two
minated like the Roman nomina gentilicia in ius or nomina gentilicia, or one a nomen gentilicium alnd
cius, e. g. Tatius, Pompilius, Claudius, &c.  It is the other a cognomen, and the Latins do not apmoreover a feature peculiar to the Sabines that a  pear to have  had genuine praenomina such as
person sometimes, instead of a praenomen and a  occur among the Sabines and afterwards among
nomen gentilicium, had two nomina gentilicia, one  the Romans.
indicating the gens of his fiather and the other that    The Etruscans in the Roman historians generally
of his mother.  The latter sometimes preceded and  bear only one name, as Porsenna, Spurinali, whicht
sometimes followed the former.  This custom  is  apparently confirms  the opinion of Varro; but on
clear from  Livy (xxxix. 13, 17), who mentions a  many urns in the tombs of Etruria such names
Campanial (Sabine) woman, Paculla Minia, who  terminating in zac are frequently preceded by a
was married to a man who bore the name of Cer- praenomen.  Miiller (Etraslk. i. p. 413, &c.), and
rinius from  his gens, and one of the sons of these  GOttling (1. c. p. 31)u who followts  him, are of
parents was called Minius Cerrinius.  Another opinion that no Etruscan ever bore a nomen gentiinstance is the name of the Sabine angur Attius  liciurm, and that the names terminating in nen rtl'm
Navius, where, according to Dionysius (iii. p. 70), mere cognomina or agnomina.  Niebulhr (list. of
Attius is the ovo'pa ovwyyeervTscd'v.   Dionysius, Rone, i. p. 381, note 922, and p. 500, note 1107),
however, must be mistaken in making  Navins an  on the other hand, thinks, and with more probaUiO/Aa 7rpoo'vyopiLtcsv, if he meant this to be the  bility, that the Etruscan na corresponds to the
same as the Ronman praenomnen, which the name  Sabine and Roman ies, and that accordingly such
Navius never was.  In all probability therefore  names as Porsenna, Spurinna, Caecina, Perperna,
both Attius and Navius are nomina gentilicia.  A   Vibenna, Ergenna, Mastarna, &c. are real nonlina -
third instance seems to be Minatius Magiuis (Vell. gentilicia.
Pat. ii. 16), the son of Decius Magins. This prac-    From this comparison of the three original tribes,
tice must have been very common amnong the Sl- it is clear that when the Romans became united
bines, for in most cases in which the two names of into one nationl, they chiefly followed the custoni
a person have come down to us, both have the ter-  of the Sabines, and:perhaps that of the Latins.
rination ics, as Marius Egnatius, 1Herius Asinius  (Val. Max. 1. c.)  Originally every Roman citizen
(Appian. B. C. i. 40), Statius Gellius (Liv. ix. 44), belonged to a gens, and derived his name (noviles
Ofilius Calavius.  A  more complete list of such  or nomze geetiliciucns) from  his gens.  This unlenie
Sabine names is given by Gbttling (Gesc/l. d. lRl;m. gentiliciulls generally terminated in ins, or with a
Staatsr. p. 6. note 3), who supposes that a son bore  preceding e, i eicus, which in later times was oftel
the two iomina gentilicia of his father and mother changed into actrs, as Annins, Anneius, and Anonly as long as he was unmarried, and that at his naeus; Appuleius and Appulaeus.  Nomina gernlmarriage he only retained the nomen gentiliciuum of tilicia terminating in ilius or elius, sometimes
his fatller, and, instead of that of his mother, took  change their termination into the dilminutive illus
that of his wife.  Of this, however, there is not and ells, as Opillus, Ilostillus, Quintillus,  and
sufflicient evidence.  Thus much is certain, that the  Ofellus, instead of Opilius, Hostilius, Quilltilius,
Sabines at all times had two names, one a real and Ofelius. (Horat. S&t. ii. 2. 3, et passim.) Besidce
praenomen, or a nomen gentilicium serving as a  this nomen gentilicium every Roman had a name,
praenomen, and the second a real nlomen gentili-  called praenomen, which preceded the nomen gencium, derived from the gens of the fatther.  The  tilicium, and which was peculiar to him as an in.
Sabine women bore, as we have seen in the case of dividual, e. g. Caius, Lucii.e, Marcus, Cneius, SexPavculla Minia, likewise two names, c. g. Vestia  tus, &c.  In early times this name was given to
Oppia, Faucula Cluvia (Liv. xxvi. 33), but whether boys when they attained the age of pubertas, that
in case they both terminate in ia they are nomina  is, at the age of fourteen, or, according to others,
gentilicia, and whether the one, as Gttling, thinks, at the age of seventeen (Gellius, x., 28), when
is derived from  the gens of the woman's father, they received the toga virilis. (Fest. s. v. Ptubes;
and the other from that of her husbauld, cannot be  Scaevola ap. Val.  lize. 1. c.)  At a later time it
decided. Many Sabines also appear to have had a  was customary to give to boys a praenomen on the
cognomen, besides their praenomen and nomen  ninth day after their birth, and to girls on the
gentilicium; but wherever this occurs, the prae- eighth day.  This solemnity was preceded by a
nomen is generally omitted, e. g. Herennius Bassus lustratio of the child, whence the day was called
(Liv. xxiii. 43), Calavius Perolla (Liv. xxxiii. 8), clies lustricus, dies inosinurmz, or lominalia. (Macrob.
Vettius Cato (Appian. B. C. i. 40), Insteius Cato, Sat. i. 16; Tertull. de Idolol. 6.) The praenomen
Popaedius Silo, Papius Mutilus (Vell. Pat. ii. 16). given to a boy was in most cases that of the father,
Such a cognomen must, as among the Romnans, but sometimes that of the grandfather or greathave distinguished the several familiae contained  grandfather.  Ience we frequently meet with inin one gemis.                                      stances like M. Tullius, M. F., that is, Marcus
The Latins in the earliest times had generally  Tullius, Marci filius, or C. Octavius, C. F., C. N.,
only one name, as is seen in the instances adduced  C. P., that is, Caius Octavius, Caii filius, Caii nepos,
by Varro (alp. Val. Axlc. 1. c.), Romulus, Remius, Caii pronepos. Sometimes, however, the pracnomlen
Faustulas, to which we may add the names of the  was given without any reference to father or grandkings of the Aborigines (Latins), Latinus, Ascanius, fsther, &c.  There existed, according to Varro,
Capetus, Capys, Procas, Numitor, Amulius, and  about thirty'praenomina, while nomina gentilicia
3 




B02               NOMEN;                                            NOTM)EN.
were very numerous.  These two namles, a prae- gentilicium; 3. cognomen priinum  4. cognomen
nomen and a nomen gentilicium or simply nomen, secundum or agnomen.  Sometimes the name of
were indispensable to a Roman, and they were at the tribe to which a person belonged, was added
the same time sufficient to designate him; hence  to his name, in the ablative case, as Q. Verres Rothe numerous instances of Romans being designated  milia (Cic. c. Verr. i. 8), C. Claudius Palatina
only by these two names, even in cases where a  (Cic. c. Verr. ii. 43), Ser. Sulpicius Lemonia (Cic.
third or fourth name was possessed by the person. Philip. ix. 7).  No one was allowed to assume a
Plebeians, however, in many cases only possessed  nomen gentilicium  or a cognomen which did not
two names, as C. Marius, Q. Sertorius, Cn. Pom- belong to him, and he who did so was guilty of
peius, &c. The praenomen characterised a Roman  falsum. (Dig. 48. tit. 11. s. 13.)
citizen as an individual, and gave him, as it were,    It must have been in comparatively few cases
his caput [CAPUT] at the time when he received  that persons had a fourth name or agnomen, but the
it.  As women had not the full caput of men, they  three others were, at least at a late period, when
only bore the feminine form of the nomen gentili- the plebeian aristocracy had become established,
cium, as Cornelia, Sempronia, Tullia, Terentia, thought indispensable to any one who claimed to
Porcia, &c.  In later times, however, we find that belong to an ancient family. (Juvenal, v. 127.) In
women also sometimes had a praenomen, which  the intercourse of common life, however, and espethey received when they married, and which was cially among fiiends and relatives, it was custhe feminine form of the praenomen of their hus- tomary to address one another only by the praebands; such as Caia, Lucia, Publia. (Scaevol. ap. nomen or cognomen, as may be seen in the letters
Voal. letax. 1. c.) Caia Caecilia, the wife of L. of Cicero.  It was but very seldom that persons
Tarquinius, if the name be historical, is an excep- were addressed by their nomien gentiliciunm.  The
tion to this rule. (Val. Max. 1. c.; see Cic. pIo  most common mode of stating the name of a perAlluren. 12.) WVhen Macrobius (I. c.) states that son in cases where legal accuracy was not the obgirls received their name (hle evidently means the  ject, was that of mentioning the praenomen and
praenomen) on the eighth day after their birth, he  cognomen, with the omission of the nomen gentilialludes, as in the case of boys receiving theirs on  ciunm, which was easily understood.  Thus Caius
the ninth day, to alln innovation of later times, and  Julius Caesar would during the better ages of the
among the female praenomina given at such an  republic and in familiar address be called Caius,
early age we may reckon Prima, Secunlda, Tertia, otherwise Caius Caesar, or even Caius Julius, but
Quarta, Postunma, &c. (Varro, de Ling. Lat. ix. never Julius Caesar, which was only done during
60; Suet. Caes. 50; Capitol. ~AlcX. et Balb. 5.) the latter period of the republic and under the ellVestal Virgins, at the appointment to their priest- pire, as in Albius Tibullus, Cornelius Nepos, Mehood (cacptio), when they left the patria potestas, nenius Agrippa, &c. A  very common mode of
received, like married women, a praenomen, e.g. stating the name of a person during these latter
Caia Tarratia, or Caia Suffetia.  (Plin. H, N. times, was that of merely mentioning the cognoxxxiv. 11.)                                      men, provided the person bearing it was sufficientlv
Every Roman citizen, besides belonging to a  known or notorious, as we speak of.Milton and
gens, was also a member of a familia, contained in  Johnson, without adding any other distinction,
a gens, and, as a member of such a familia, he had  although there are many persons bearing the saimet
or might have a third name or cognomen.  Such  namle.  The most common of these cases among
cognomina were derived by the Romans from a  the Romans are Verres, Carbo, Cato, Caepio,
variety of mental or bodily peculiarities, or from  Cicero, Caesar, Stlla, &c.  In the time of Augussome remarkable event in the life of the person  tus and Tiberius it became very common to invert
who was considered as the founder of the familia. the ancient order of riomen and cognomen, and to
Such cognomina are, Asper, Imperiosus, Magnus, say, e p.. Drusus Clautdius, or Silvanus Plautius,
Maximus, Publicola, Brutus, Capito, Cato, Naso, instead of Claudius Drusun and Plautius Silvanus.
Labeo, Caecus, Cicero, Scipio, Sulla, Torquatus, (Vell. Pat. ii. 97, 112.)
&c.  These names were in most cases hereditary,    Roman women had likewise sometimes a cognoand descended to the latest members of a familia; men, although instances of it are very rare.  It
in some cases they ceased with the death of the  was sometimes, like that of men, derived from perperson to whom they were given for special rea- sonal peculiarities, such as Rufa  and  Pusilla
sons.  Many Romans had a second cognomen  (Horat. Sat. ii. 3. 216); sometimes from the nomen
(cognomlen secunclzen or aqnownzeo), which was given  gentilicimitl  of their husbands, as Junia Claudilla,
to them as an honorary distinction, and in comme- Ennia Naevia (Suet. Cati.U. 12), Livia Ocellina
moration of some memorable deed or event of their (Suet. tGalb. 3), and sometimes from the cognomen
life, e.g. Africanus, Asiaticus, Hispallus, Cretensis, of their husbands, as Caecilia Metella.
Macedonicus, Numnantianus, &c.  Such agnomina    During the latter part of the republic, and the
were sometimes given by one general to another, early period of the empire, when the Roman fransometimes by the army and confirmed by the  chise was given to whole countries and provinces,
chief-general, sometimes by the people in the co- the persons who thus acquired the civitas fremitia, and sometimes they were assumed by the  quently adopted the praenomen and nomen of the
person himself, as in the case of L. Cornelius Scipio  person through whose interest they had obtained
Asiaticus.   Sometimes also a person adopted a the distinction, or of the emperor himself.  After
second cognomen which was derived from the name  the time of Caracalla (A. D. 212), when all the free
of his mother, as M. Porcius Cato Salomnianus or inhabitants of the empire had obtained the Roman
Saloninus, who was the son of M. Cato Censorius franchise,  aid when the gentilician relations which
and of Salonia. (Gellius, xiii. 19; Plunt. Cet.:.1'j. had already gradually fallen into oblivion were
24.)                                            totally forgotten, any person might adopt what
The regular order in which these names followed  name he pleased, either ancient or newly invented,
one another was this:- 1. praenomen; 2. nomen  and even change his hame, if he did not like




NOMEN.                                           NOMOS.                   803
it (Cod. 9. tit. 25); and henceforth the ancient    NOM'ENCLA'TOR.  [Axmr us, p. 77, a.]
Roman names disappear from the history of the    NOMISMATOS  I)IAPHORAS  GRAPHE
empire with incredible rapidity.                 (vowfi-.LaTos &larpopas Typaep1) is the name of the
If a person by adoption passed from one gens public action which might, at Athens, be brought
into anllther, he assumed the praenomen, nonien, against any one who coined money either too light
and cognomen of his adoptive father, and added to  in weight or not consisting of the pure metal prethese the name of his former gens, with the termi- scribed by the law.  The lawful punishment innation anus. Thus C. Octavius, after being adopted  flicted upon a person in case he was convicted was
by his great-uncle C. Julius Caesar, was called C. death.  (Demosth. c. Lept. p. 508. c. Timocrat.
Julius Caesar Octavianus, and the son of L. Aemi-  p. 765, &c.)  Wrhat action might be brought
lius Paullus, when adopted by P. Cornelius cipio, against those who coined money without the sancewas called P. Cornelius ScipioAemilianus. [ADOP- tioll of the republic, and how such persons were'rIO  (ROsAN).]    There were, however, two  punished, is not known.  (See Petitus, Legg. Atti
gentes, viz., the gens Antonia and the gens Fla- p. 510.)                              [L. S.]
minia, which, in case of any of their gentiles being    NOMOPHY'LACES (vo,uoVA6aKes), were ceradopted into another gens, took the termination  tain magistrates or official persons of high authority,.
inZUS instead of alnus, as Antonsinus snd Flamininus, who exercised a control over other magistrates, and
instead of Antonianus and Flaminianus.  Some- indeed over the whole body of the people, it being
times also the cognomen of the former family was  their duty to see that the laws were duly admiretained and added without any alteration to the  nistered and obeyed.  Mention is made of such
name of the adoptive father, as in the case of Q. officers at Sparta and elsewhere, and some of the
Servilius Caepio Brutus.  (Eckhel, Dctr. Nuzimi. Greek philosophers who wrote on legislation apvol. v. p. 59.)  This was done only inii case the  pear to have thought, that such a body of men was
cognomen was of great celebrity; bu:t i;t some- essential to the well-being of a social community.
tilmes underwent a change in the termrlination. Thus  (Schcmann, Ant. Jur. Pub. Gr. p. 130; Plat.
Claudius Marcellus, when adopted by Cornel:iuus  Leg. vi. p. 252; Xen. Oecon. ix. 14.)  No such
Lentulus, was called Cornelius Lentulus Marcelli-  body existed at Athens, for they must have had a
nuls. (Eckhel, Doctr. Num. vol. v. p. 59 and p. 187.)  power too great for the existence of a democracy.
If one man adopted two brothers, the adoptive  Thle Senate of 500, or the Areopagitic council,
faither might choose any praenomina at his discre-  performed in some measure the office of lawtion in order to distinguish his adoptive sons from  guardCians (Arist. Pol. vi. 5, sub fin.; Andoc. De
each other. Thus whenAugustus adopted the two  Ml/lst: 11); but the only persons designated by
sons of Agrippa, he gave to the one the praenomen  this name appear to have been inferior functionCaius, and to the other the praenomen Lucius. aries (a sort of police), whose business it was to
(Vell. Pat. ii. 96.)  During the early period of the  prevent irregularities and  disturbances in the
empire it appears to have sometimes occurred that public assemblies.  Even their existence has been
a person, when adopted into another gens, added  doubted by modern writers; some think they have
his own nomen gentilicium without any alteration  been confounded with the aeOiuoOe'aL.  Another
to that of his adoptive father, as in the cases of C. hypothesis is, that the office was never introduced
I'lillius Caecilius Secundus, and L. Aelius Aure-  until the time of Demetrius Phalereus, who, when
lius Commodus. (Dion Cass. Erace,7nt. lib. lxxii. c. he was invested with the authority of lawgiver by
15.)  Besides this, many other irregularities oc-  Cassander, gave to the Eleven the additional duty
cnurred in cases of adoption during the period of of watching the conduct of all the other magisthe empire, but it is not necessary for our purpose  trates, with a view to introduce a more aristoto enumerate them here.                          cratical government.  In favour of this opinion it
~ Slaves had onlygone name, and usually retained  has been observed, that the office of vo uoudXalces
that which they had borne before they came into  is only mentioned by grammarians, and they refer
slavery.  If a slave was restored to freedom, he  to Peinarchus, who was the friend and contemporeceived the praenomen and nomen gentilicium of rary of Demet;rius. (See Schneider's note to Arist.
his former masters and to these was added the  Pot. vi. 5. ~ 10; Wachsm.   vol. i. pt. i. p. 209 
name which he had had as a slave.  He becrune  Meier, Att. Proe. pp. 68-73.)        [C. R. K.]
thus in some measure the gentilis of his former    NOMOS (s'dyos).  This word comprehends the
master, in as far as he had the same non-en genti- notion not only of established or statute law, but
licium, but he had none of the other clainis which  likewise of all customs and opinions to which long
a freeborn gentilis had. (Cic. Top. 6.)  Instances  prescription or natural feeling gives the force of
ef such freedom are, Titus Ampius Menander, a  law; as Euripides (Bacch. 893) expresses it, To
fieedman of T. Ampius Balbus (Cic. ad Fatio. xiii.  e' Xpdv,  ea p.w so'dytzyov aedl ouoeet 7E rePuvCdTs.
70); L. Cornelius Chrysogonus, a freedman of In the heroic ages, before the period of authentic
L. Cornelius Sulla (Cic. prto Rose. Amen. 2, &c.), M., history begins, we find in the Homeric and other
Tullills Laurea, and M. Tllinus Tiro, freedmen of poems traces of a general belief among the Greeks
MI. Tullius Cicero. If the state emancipated a  that government ought to be controlled by law.
servus publicus, and gave him the franchise at the  As even the supreme God was supposed to be
same time, any praenomen and nomen were given  subject to a higher power, Fate or'Al'ayscfi, so the
to him, or he took these names from the magistrate  AtLoperp; eai-rXEcs was bound to govern accordwho performed the act of emancipation in the name  ing to the rules of justice, &Ktrrc, vdglos, ei'VOeUmi7.
of the state, and then received a cognomen derived  (I-lon. Od. xvii. 487; Pind. Pyth. 2. 157; Herod.
fiom the namne of the city, as Romanus or Roma-  iii. 38; -Hes. Op. et Dies, 274.)  Government,
nensis.  (Varro, de Ling. Lat. viii. 83; Liv. iv. though monarchical and hereditary, was neverthe61.)                                  [L. S.]   less limited, erl prvros yepaot (Thuc. i. 13). The
NOMIEN.   [FF.NxU, p. 5271, a;  OBLIGA-  monarchs were?'iyyropes  rie tesovnEs, bound to
7IONES.J                                         consult for the good of their people, and to listen
3F2




804'               NOMOS.                                              NOMOS.
to the advice of their counsellors, or the chief men  tinct ordinances, and afterwards publicly exhibited,
of the state ('ypo'res, avICTaES, &c.), and also to  engraved on tablets, or hewn on columns. (Lyc. c.
administer justice, Aitas,;etto-Tas, eb&KLas. (II.  Leoc. p. 165, ed. Steph.; Arist. Pol. v. 9. ~ 22; Plato,
ii. 660, xvi. 542, Od. xix. 3, iv. 689.)           Leg. v. p. 738.)  The first written laws we hear of
These notions of law  and justice were neces- are those of Zalencus. (WVachsm. vol. i. pt. i. p. 208.)
sarily vague.  The regal power, though limited in  The first at Athens were those of Draco, called
practice, appears to have been absolute in theory, aeo-soli, and by that name distinguished from the
and, as such, was easily liable to be abused.  We  vcydot of Solon. (Andoc. de Myst. p. 11, ed. Steph.)
find complaints of the.abuse of power in Hesiod  From the origin of this word one would suppose
(Op. et Dies, 39. 258); and Wachsmuth (Hell. Alt. that it signified ordained or statute law,'reiSde
vol. i. pt. i. c. 18) remarks that the Odyssey contains  7voyos: but it is frequently used like aSEtrs, in the
indications of a struggle of the nobility against sense of natural right or social usage. (Hon. H.
the sovereign.  That many beneficial concessions  ix. 134, xi. 778, Od. xxiii. 296.)  The six inferior
were made by the kings to their people before the  archons were called. aSeoeOETat, because a great
age of authentic history, is not improbable.  The  variety of causes fell under their cognizance, and,
changes introduced by Theseus may be considered  in the absence of a written code, those who declare
in this light.  But the first great step towards the  and interpret the laws may be properly said to
establishment of constitudional law appears to have  make them. (Thirlwall, Gfi. Hist. vol. ii. p. 17.)
been taken by the Athenians, when they abridged       The laws of Lycurgus were not written.  He
the power of the Medontidae, and rendered govern-  enjoined that they should never be inscribed on any
mient'esponsi6le, T'i1 1oXEiaV  terT77rsoeav Eds  other tablelt than the hearts of Nis countrymen,
apX 6.srev0svov. (Pans. iv. 5. ~ 10.)             (Thirlwall, vol. i. p. 336.)  Those of Solon were
The transition from  customary or traditionary  inscribed on wooden tablets, arranged in pyramidal
law to fixed civil ordinances must have taken place  blocks turning on an axis, called 6'OYEs and ic'eGEls.
gradually.  When people came to unite in cities  (JIarpocration and Suidas, s.v.; Plut. Solon. 25.)
(cruwv.oiov'ro), and form  compact societies, they  They were first hung in the Acropolis, but afterbegan to feel the necessity of having permanent  wards brought down to the Prytaneum. (Harpocr.
lawvs to define and secure their civil rights.  The  s..'O KdcrwOev s'dos: Pausan. i. 18. ~ 3.)   Arnotion soon sprang up that society was formed for  chives were established for the custody of Athenian
the good of all classes.  The expression trb corvOV, laws in the temple of the mother of the gods (E'd
formerly applied to national leagues and confede-  TI.P  r7rp6,w) with a public servant (srl~tdo-ros) to
racies (Herod. v. 109), came to denote a united  take care of them.  (Demosth. dle Bals. Leg. 38 1,
body of citizens; and equal laws were claimed for c. Aristog. 799.)  Others were hung up in various
all.  From  this body indeed were excluded all public places, so that any citizen might have access
such persons as came under the definition of 7rept-  to them, to read or take extracts.  For instance,
OcKOL, provincials (Herod. vi. 58, ix. 11), or serfs, laws which concerned the jurisdiction of the archon
like the Helots; and all slaves of every kind.  It  were hung up in his office;  those which concerned
was only the townsman (,irol'r/s) and the free-  the senate (iouvAeVTKolc  y'po0L) in their councilman who could enjoy the privileges of a citizen. room, and so on.  (Demosth. c. Arisloc. 627, 643,
The emigrant (&riptkVlos,e'uf avori'Ts) though, ift' he  c. Tisroc. 706; Wachsm. vol. i. pt. i. p. 266; Meier
became a resident (&roUrcos), he was upon certain  and Scheiin. Att. Proc. pp. 170, 660.)  After the
conditions admitted to the protection of the law,  expulsion of the thirty tyrants, in the archonship
was never placed on the same footing as the  of Euclides, a decree was passed by the assembly to
native.                                            restore the anicient laws, and appoint a committee
Before any written codes appeared, law was pro-  to revise them, and propose any alterations or admulgated by the poets or wise men, who sang the  ditions that might seem  necessary.  The new and
great deeds of their ancestors, and delivered their  old larws were all to be written out in the enlarged
moral and political lessons in verse. Such was the  Ionianl alphabet, which had not come into use in
P;l~pa (declared law) of Sparta and Tarentum.  Solon's time; anid the whole code thus revised was
The laws of Charondas were sung as cedNA;a at transcribed on the walls of the portico (eis T-'lv
Athens.  (Aelian, ii. 39; Arist. Probl. xix. 28; o'ro&a' &,'vEypatav).  At the same it was enacted
Athenaeus, xiv. p. 619; Wachsm. Hell. Alt. vol. i. that no magistrate should be allowed to use an
pt.i. pp. 201,208.) The influence exercised by these  nnwritten law (aypdciqp   bed v/,us T-&as apXy as  y
men arose in a great measure from  the belief that XpdS-Oat yzsq  arEpi  e,'s, Anldoc. de Mlryst. 11-13,
they were divinely inspired; a power which was  ed. Steph.)
ascribed to most of the ancient law-makers. Thus,    According to these statutes of Solon, and those
the laws of Minos were said to be a revelation froin  which were subsequently enacted at various times,
Jupiter (Pausan. iii. 2. ~ 4); Lycurgus was the  the magistrates and the judges at Athens were
confidant of the Delphic god; Zaleucus of Pallas. bound to administer the law, executive and judi(Wachsm. vol. i. pt. i. p. 204.) Some have supposed  cial.  The Heliastic body, acting in their capacity
that the use of vdCLos, in the sense of law, was derived  of judges or jurors (as to their legislative see
*from the circumstance of laws having first been in  NOMOTHETES), were sworn 7repl iE', c', visco,
verse, as the same word denotes measuere or tune.  Edol, KarT  TOV's,oyuobs  oiE6-6eoOatm, aspil 8E' r, IA
But this is not surprising, when we consider that  eial, 3yVYmlp 7i6  JrCnato6'vCt.  (Meier and Schim..principles of harmony are necessary not only to  Att.'rloc. p. 128.)  In all causes, whether civil or
music and poetry, but to the adjustment of the  criminal, the parties procured copies or extracts of
various relations of civil society; and both mean-  such laws as were material to the questions to be
ings may well be derived from PydetIV (distribuere  tried, and brought them before the )yse/&v aricasuusm cuique).                                     TrpiLov at the."ducpiots, by whom  they were conAs civilisation advanced, laws were reduced to  signed to the eXpvos, and produced at the trial, to
writing, in the shape either of regular codes or dis- be read to the Lao-Tali by the?ypa/ceuare's.  If




NOMOTIHETES.                                       NOMOTHETES.                   80r)
any man produced before the judges a fictitious  as republics.  (Aristot. Pol. ii. 9. ~ i.)  So high
law  (oVBc A'vra ydEov,), he was punishable with  was the esteem  in which Solon was held by the
death. (Demosth. c.2 rist. 807.)                   Athenians, as the founder of their social polity,
As the a~cao'rai  (chosen as explained under that although  many important reforms were efDICASTES) performed the functions both of judge fected at various periods, he still continued to be
and jury, it is evident that the important question, regarded as the lawgqiver (5 vogo0Eirs ), and the
how the laws of Athens worked, depends on the  whole  body of laws passed under his name.
discretion which in practice they exercised in the  Wachsmuth (vol. i. pt. i. p. 268) remarks that on this
interpretation of the written law.  This is only to  account, whenever a law of Solon is cited, we may
be discovered by a careful perusal of the Attic  suspect that it contains interpolation.   On the
orators, and is too wide a question to be discussed  other hand, we should bear in mind that in all the
here.  Much light is thrown on the subject by  changes which took place in the Athenian constiAristotle (Rhet. i. 15), who, in treating of judicial tution, the reformers aimed at preserving the main
matters, always has in view the practice of the  principles of Solon's policy. Cleisthenes, who estaAthenian courts.  He reckons the m'6yoi among  blished the 381at, remodelled the qAXal, and made
the iiTeXvol 7rielTes, and advises the orator, when  other changes, is chalracterised by Aristotle (Pol.
the law  of the  country is against him  (iea ii. 6. ~ 11) as having for his object a4oh atL Tlv1
Ydv'trlos I 6?YEypafLLEVoY Tr. 7rpygYa7-r) to appeal?Iuo1Kpa'rta,.
to the universal law of justice or equity (r- tcoIY  There is this remarkable difference between the
YdUgp incal  o-es 47rieTlcE'Otv, Wos $twcaLOTEpoLs).  For legislation of Solon and that of other Greek law(says he) if the written law is contrary to justice, givers, that he did not (as they did) endeavour to
it is not a law, ov -yap 7rote?'rb c pyo, 7'oh ee'gov.  secure fixity and finality for his institutions.  ZaFrom this it may be seen, that the notions enter- leucus and Charondas are said to have made it a
tained by the Athenians of the discretion to be ex- capital crime to propose new laws.  Lycurgus forercised by a; judge were somewhat different from  bade young men to censure the laws  and when he
our own.  There existed at Athens no class of went on his last journey, from which he never repersons corresponding to our counsel or attorneys, turned (the story says), le bound his countrymen
whose business or profession it was to expound the  by an oath to observe a111 his laws till his return.
laws.  The office of the  1?yp1ral related only to  Solon exacted a similar oath of the Athenians for
religious observances.  [EXEGETAE.]  According  only ten years.  (Herod. i. 29; Wachsm. vol. i.
to the principle of the constitution, every citizen  pt. i. p. 211; Thirlwall, Gr. Iist. vol. i. p. 295.)
was bound to watch over the preservation of the    But Solon also devised regulations by which the
laws, and to inform against and prosecute any per- laws might undergo periodical revision, and be
sons who transgressed them.  The people, either amended as occasion required.  At the first mcupia
on the bench or in the assembly, were the ulti-  6lcicA7aria in every year, any person was at liberty
mate judges.  (Lycurg. c. Leoc. 148, ed. Steph.)   to point out defects in  the  existing code or
As to the difference between voydeos and cui)Lpo'uga, propose alterations.  If his motion was deemed
and as to the manner in which laws were enacted  worthy of attention, the third assembly miaght
or repealed, see NOMOTHETES.        [C. R. K.]    refer the matter to a legislative committee, called
NOMO'TIIETES (oeoOE'rT)s), legislator, is a  vouoOeira,.  This colmmittee was selected by lot
word which may be applied to any person who  from  the Helistic body; it being the intention
causes laws to be enacted.  Thus, Pericles and  of Solon to limit the power of the popular assembly
Themistocles are called vo/egioOTat, maoers or pro- by means of a superior board emanating from itself;
posers of laws.  (Lys. c. Nicoom. 186, ed. Steph.)  composed of citizens of mature age, bound by a
It is, however, more commonly given to those emi- stricter oath, and accustomed to weigh legal prinnent men whose laws have been celebrated for ciples by the exercise of their judicial feunctions.
their intrinsic merit, or for the important influence  lThe number of the committee, so appointed, varied
which they exercised over the destinies of their according to the exigency of the occasion.  Thle
country.  Such were Mineos of Crete, Draco at people appointed five advocates (ormvIcot) to attend
Athens, Zaleucus at Locri and Charondas, whose  before the board and maintain the policy of the
laws were distinguished for their acpi'fema, and  existing institution.  If the proposed measure nlet
were received at Rhegium, Catana, and other Chal-  the approval of the committee, it passed into law
cidian states.  (Aristot. Pol. ii. 9. ~ 8; Hermann, forthwith.  Besides this, the Thesmnothetae werle
Pol. Aa4t. ~ 88, 89.)  Maniy other men have been  officially authorised to review the whole code, anid
honoured with this title, either for having im- refer all statutes which they considered unworthy
proved the laws of their countrymen, or as having  of being retained to the cogo0Odrat. (Hermann, Pol.
by their writings, their counsel, and good example, Ant. ~ 131; Wachsm. vol. i. pt. i. p. 260; Thirlled to the introduction of a sound moral discipline  wall, vol. ii. p. 46; Demosth. c. Timbocr. 706.)
among them.  These were the sages or wise men,    Hence appears tile difference between  ucipio'ya
called by Diogenes Lairtius (i. 40),1rEVCTOL' rtIES and e,d1OS.  The mere resolution of the people in
ical eoguoeovEceol.  Pittacus of Lesbos, Phidon of assembly was a irpto-uga, and only remained in
Aroos, Thales of Miletus, Bias of Priene, Chilon, force a year, like a decree of the senate. Nothing.
who improved the laws of Lycurgus, and Pytha-  was a lake that did not pass the ordeal of the
goras, may be reckoned in this class.  (WVachsm.  oeogeoOrai. The democracy of Solon was therefore
vol.i. pt.i. p. 212.) But the name of eogo0uaiE-r  is  one of that kin'd, in which (as Aristotle says),
given Ica'' lE'ox/v' to Solon and Lycurgus; for they icuptios    6 e ygoes, a&X' o'rb) 7urAXos. (Pol. iv. 4.
not only introduced codes of laws, but were the  ~ 3; Hermannn  Pol. Ant. ~ 67. n. 8; Dcmosth. c.
founders of constitftions ('rolv'eraE), whlich, though  A'istoc. 649, 651.)  Pririlegica required to be
from  timne to.time modified  and  altered, and  passed by six thousand of the people in assembly,
sometimes even suspended, remnainled more or less  giving their votes secretly.  The naturalizeation of
in force, so long as Athens and Sparta existed  a foreigner is an example of a privilepgi1aZ; for
F 3




806'                NOTA.                                                 NOTA.
which two votes of different assemblies were ne-  signified writing in cipher; and many passages in
cessary.  (Demosth. c. Neaer. 1375.)               the ancient reciters which are supposed to refer
Propositions to be submitted to the people were  to short-hand, refer in reality to writing in cipher.
first approved by the senate of 500, and then  Thus both Julius Caesar and Augustus wrote many
called ~rpofovse/aaV'a.  The mover of a law was  of their letters in cipher (per notas, Suet. JuL.
said  ~7taut or ypaetpEv  VtUov, the people who passed  Caes. 56, Aug. 88; comp. Gell. xvii. 9).  Still
it t&reaO.  To indict a man for proposing illegal short-hand was well known and extensively eclmeasures was called ypod(peOa'rtvia rrapavd,uw,. ployed.  Among the Greeks it is said to. have
As to the proceedings in such a case, see PARA-  been invented by Xesnophon (Diog. Laeirt. ii. 48),
NOMON GRAPHE.                       LC. R. K.]    and their short-hand writers were called Taxt'ypc(poi,
NONAE.  [CzALENDARIUM.]                         o'Vypc'(oL and   p[LEtoypddpot.  The first introducNORMA  (ys''cwsL), a square, used by carpen-  tion of the art among the Romans is ascribed to
ters, masons, and other artificers, to make their:Cicero.  Plutarch, in speaking  of the speech of
work rectangular. (Philo de 7 Orb. Spec. 2; Vi-  Cato in the senate on the punishment of the Catilinatruv. vii. 3; Plin. H. AT. aaxxvi. 22. s. 51; Pru-  rian conspirators, relates,'" They say that this is
dent. Psyclaom. 828.)  It was made by taking three  the only speech of Cato which is preserved, and
flat woodel rulers [REGULA] of equal thickness, that it was owing to Cicero the consul who had
one of them  being two feet ten ilches long, the  previously instructed those clerks, who surpassed
others each two feet long, and joining them  to- the rest in quick writing, in the use of certain
gether by their extremities so as to assume the  signs which comprehended in their small and brief
form of a right-angled triangle.  (Isid. Orig. xix. marks the force of many characters, and had
19.)  This method, though only a close approxi.  placed them in different parts of the senate-house.
ination, must have been quite sufficient for all con-  For the Romans at this time were not used to
mon purposes.  For the sake of convenience, the  employ nor did they possess what are called notelongest side, i. e. the hypotenuse of the triangle,  writers (o/zuetoypappo), but it was on this occnwas discarded, and the instrument then assumed- sion, as they say, that they were first established
the form, in which it is exhibited among other in a certain form." (CGt. min. c. 23, Long's transl.)
tools in woodcut at p. 283.  A square of a still  Cicero himself sometimes wrote in short-hand for
more simple fashion, made by merely cutting a  the sake of brevity or secrecy (La& 0,tAELCO, scriprectangular piece out of a board, is shown on an- seroasm, Cic. ad Att. xiii. 32). Dion Cassius (Iv. 7)
other sepulchral monument, found at Rome and  attributes the invention of stenography to lMaepublished by Gruter (I. e. p. 229), and copied in  cenas.   Eusebius, in his Chronicon, ascribes it to
the woodcut which is here introduced. The square  Tiro, the freedman of Cicero, and hence the system
was used in making the semicircular striae of Io.i.c  of abbreviated writing, in which some manuscripts
columns [COLUMINA], a method founded on the  are written, has received the name of Nrotace Tliroproposition in Euclid, that the angle contained in  cianae; but there is no evidence to show whether
a semicircle is a right angle (Vitruv. iii..   ~ 14).  this species of short-hand was really the invention
of Tiro.  It wousld appear, moreover, from several
passages in ancient writers, that the system  of
A   short-hand employed in the time of the Roman
empire must have been of a much simpler and
more expeditious kind than the Notnae Tironianae.
Tisus Seneca says (Ep. 90): " Quid verborum
notas, quibus quamvis citata excipitur oratio, et
celeritatem  linguae manus sequitur."   Manilius
speaks to the same effect (iv. 197): -
6 Hic et scriptor erit velox, cui litera verbum est,
/'  Ga                                   Quique notis linguam superet, clursimqul e loquentis
Excipiet longas nova per compendia voces."
And likewise Martial (xiv. 208): 
lCurrant verba licet; mamus est velocior illis:
Nondum lingua snum, dextra peregit opus.."
Many of the vealthy Romans kept slaves, who
were trained in the art. (Senec. Ep. 1. c.) Thus the
elder Pliny, when travelling, used to carry a notcriils-  with him, that the slave might be ready to take:
IN'STRVMEN.'TA1R.  TIGMAR.    down any thing that he wished. (Plin. EL7. iii. 5.)
The art was also learnt even by the Ronman nobles,
From  the use of this instrument a right angle  and the emperor Titus was a great proficient in it.
was also called a noruszal angle. (Quintil. xi. 3. p.  (Suet. Tit. 3.)  At a later time, it seems to have
446, ed. Spalding.)  Any thing mis-shapen was  been generally taught in the schools, and hence
called abnosinis. (Hor. Sat. ii. 2. 3.)   [J. Y.]    Fulgentius (l/~ytilolog. iii. 10) divides the writing
NOTA, which signified a mark or sign of any  taught in schools into two kinds, the Abecedaria
kind, was  also employed for an abbreviation.  and Notariau; the former being the regular letters
Hlence notae signified the marks or signs used in  of the alphabet, A, B, C, D, &c., and the latter,
taking down the words of a speaker, and wae  stenography.  There were, moreover, short-hand
equivalent to ousr short-hand writing, or steno- writers (notarii) by profession, who were chiefly
graphy; and notarii signified short-hand writers. employed in taking down (notare, excipere) the
It must be borne in mind, however, that notae also  proccedings in the courts of justice.  At a later.




NOVELLAE.                                      NOXALIS ACTIO.                  807
period, they were called exceptores (Dig. 19. tit. 2. title  is AVroltpaTopor'Iovo-rlvvavov Avyovo-rou
s. 19. ~ 9).  These short-lhand writers were also  Neapai Ataara5eis.  Some of them were published
employed on some occasions to take down a per- in Latin and some in both languages. The first of
son's will (Dig. 29. tit. 1. s. 40).               these Novellae of Justinian  belongs to the year
This is the chief information we have respect-  A. D. 535 (Nov. 1), and the latest to the year A.D.
ing the use of stenography by contemporary wvri- 565 (Nov. 137); but most of them were published
ters.  But Isidorns, who lived in the seventh  between the years 535 and 539.  These Constitucentury of the Christian era, gives a more detailed  tiones were published after the completion of the
account of the history of the art ()Orsi.  i. 21. second edition of the Code, for the purpose of supp. 1836, ed. Gothofred).  I-e ascribes the invention  plying what was deficient in that work.  Indeed
of the art to Ennius (?), who he says invented  it appears that on the completion of his second
1100 marks (notae); but the first person who  edition of the Code the Emperor designed to form
practised it at Rome he states to have been Tiro, any new constitutions, which lie might publish,
the freedman of Cicero, who, however, according  into a body by themselves so as to render a third
to Isidore's account, used only notae for preposi- revision of the Code unnecessary, and that he
tions.  Isidore then goes on to say that additional contemplated giving to this body of law the name
nlotae were invented by Tertius Persannius, Phi- of Novellae Constitutiones.  (Const. Cordi. s. 4.)
largius, and Aquila, a freedmlan of Maecenas, till It does not however appear that any official comat length Seneca reduced the whole to a regular pilation of these new constitutions appeared in the
system, and increased the number of notae to lifetime of Justinian.  The Greek text of the
5000.  What truth there may be in this account, Novellae, as we now have them, consists of 165
it is impossible to say; but the view which it Novellae at the least, or 168 as some make it, of
gives of- the gradual improvement of the system  which 159 belong to Justinian, and the rest to
by successive persons is, from the nature of the  Justin the Second and to Tiberius:  they are
case, most probable.                              generally divided into chapters.
The system  of short hand called Notae Tiro-    A large part of these Novellae relate to the adzianuae is explained in a work printed by Gruter ministration of the state and to ecclesiastical affairs;
in his 7lhesaurus Izsscriptiosmium.  This work is but a considerable number relate to Privatum Jus,
ascribed in the manuscripts to Tiro and Seneca, and they modified or altered many rules of law.
but contains many words, which  were onllj used    There is a Latin Epitome of these Novellae by
at a much later age.  It appears from this work, Julian, a teacher of law at Constantinople, which
that the Notae Tironianae were very different contains 125 Novellae.  The Epitome was profrom  our system of stenography, and were simple  bably made in the time of Justinian, and the
abbreviations of the words, such as were used, author was probably Antecessor at Constantinople.
only to a smaller extent, in ordinary writing.    There is also another collection of 134 NovelWe likewise have some manuscripts written in  lae, in a Latinl version made from the Greek text.
Notae Tironianae, of which all account is given in  This collection is generally called Authenticum  or
the work of Kopp quoted below  (Carpentier, Al- Liber Authenticorum: the compiler and the time
phabetimmn Ti'onianl7i, Paris, 1747; Kopp, Pa- of the compilation are unknown.  This collection
/laeogqraphica Critica, 1817, vol. i.; Becker, Gallus, has been made independently of the Greek comvol. i. pp. 197, 198).                            pilation.  It is divided into nine Collationes, and
NOTA  CENSO'RIA.  [CFNSuS.]                    the Collationes are divided into tituli.  This was
NOTA'RII, short-hand writers, were generally  the collection which the Glossatores considered as
slaves or freedmen, and are spoken  of under having the authority of law.
NoTA. They were likewise called Acilarii. They    The most complete work on the history of the
were also employed by the emperors (Lamprid. Novellae is by Biener, Ceschichte der Novellen. See
Alex. Sev. 28, Aturel. 36; Trebell. Claud. 14), also Beyt(rag zur Litterar-Geschichte des Novelleinand in course of time the title of Notarii was Auszzgls on Julican, Von  ttaubold, Zeitschrift, &dc,
exclusively applied to the private secretaries of vol. iv. The history oftlie collections of the Novellae
the emperors,  who, of course, were no longer is very confused, anditis impossible to state it corslaves, but persons of high rank.  The short-hand  rectly in a short space.  (Puchta, Inst. i. ~ 147.)
writers were now called exceptores, as is remarked    After the publication of his Codex, Theodosius
under NOTA.  On the reorganisation of the em- made various new  enactments under the name of
pire by Constantine, the Notarii were constituted  Novellae Constitutiones, or Novellee Leges, as to
into a kind of imperial chancery, who, in addition  which see CoDEx T'HoDasIANus.         [G. L.]
to their reaular duties, were frequently employed    NOVENDIA'LE  (sc. sacersm) was the name
by the emperor on important public missions. The  given to two different festivals.  1. Of a festival
first of them in rank was called Prinsicerius  Nota- lasting nine days, wvhich was celebrated as often,
rior2ei, and the second, Secuasdicerius INotariorunm. as stones rained from  heaven.  It was originally
Others were called tribiuni et m1otarii, and another instituted by Tullus Hostilins, when there was a
class domseslici et aotaerii, who probably acted spe- shower of stones upon the Mons Albanus, and was
cially as private secretaries ofthe emperors. Others frequently celebrated in later times. (Liv. i. 31,
again who served under the Praefecti Praetorii, xxi. 62, xxv. 7, xxvi. 23, xxvii. 37, xxix. 34.)
were called Nota.rii Praetoriani (Cod. Theod. 6. 2. Of the sacrifice performed nine days after a
tit. 1 0; Cassiod. Var. vi. 16; Walter, Geselichte funeral.  [F aNUS, p. 562, a.]
des Riiziscihen Rechts, ~ 345, 2d ed.)               NOVI HO'MINES.  [NOBILEs.]
NOVA'LE.  [AnATRUM.]                              NOVI O'PERIS NUNTIA'TIO.  [OPERIs
NOVA'TIO.  [OBLIGATIONES.]                      NovI NUNTIATIO.]
NOVELLAE or NOVELLAE CONSTITU-    NOXA.  [NOxAT,IS ACTIo.]
TIO'NES form a part of the Corpus.luris.  Most    NOXA'LIS ACTIO.  if a filiusfamilias or a
of them were published in Greek, and their Greek  slave committed theft or injuria, the person injured
3 F 4




808          NOXALIS ACTIO.                                           NUMMUS..
had a Noxalis Actio, or a legal remedy for the Noxa   -Justinian abolished the noxae datio in tlhe- case
or wrong done to him, against the father (pater-  of children; observing that it appeared from the
familias) or the owner of the slave, as the case  ancient jurists, that there might be an action
might be; but he had no action against the son or  against a filiusfamilias in respect of his own delicts.
the slave.  The word Noxa (from noceo) properly       As.to damage done by an animal, see PAUPEsignified injury done; in its legal sense it compre-  mIES.
hended every delictum. (Dig. 50. tit. 16. s. 238.)    (Gaius, iv. 75-79; Instit. 4. tit. 8; Dig. 9
The father or the master might either pay damages  tit. 4.)                               [G. L.]
to the injured person, or surrender the offender to    NUDIPEDA'LIA.  [CALCEUS, p. 221, a.]
him. The surrender of the offender was expressed     NUDUS (-yvu'l6s).  These words, besides deby the phrase " noxae dare or dedere;' and the  noting absolute nakedness, which was to be a'atCacceptance of the offender in satisfaction of the in-  7reXoros  cals UXLTcwv  (compare Moschus, iv. 98),
jury was expressed by the phrase "noxae ac-  were applied to any one who, being without an
cipere: " in these expressions "noxa" does not AmICTus, wore only his tunic or indclutus.  (Aris.
mean "'punishment," as is sometimes supposed, toph. Eccles. 409; John xxi. 7.)  In this state of
but the meaning of the expression is that the per- nudity, the ancients performed the operations of
son was surrendered in respect of or as a compels-  ploughing, sowing, and reaping. (Hes. 01p. et Dies,
sation for his Noxa.  In the Institutes (4. tit.  391; Proclus ad loc.; Virg. Georg. i. 299; Servitns
8) Noxa is defined to be the person that does  ad toc.; Aelian, V. II. vi. 11, xiii. 27; Matt. xxiv.
the mischief, that is, the slave, and Noxia the  18.)  Thus Cincinnatus was found naked at the
mischief that is done.                             plough when he was called to be dictator, and
Noxales Actiones were givenl both by Leges and  sent for his toga, that he might appear before the
by the Edict.  In the case of Furtumn they were  senate.  (Plin. I-I. N. xviii. 4; Aur. Vict. de Air.
given by the Twelve Tables:; and in the case of Illust. 17; Lii. iii, 26,)  The accompanying  woodDamni Injuria by the Lex Aqiillia.  In the case  cut is taken from an antique gem in the Florentine
of Injnriae and of Vi Bonoram  Raptorum, they  Collection, and shows a man ploughing ill his tunlic
were given by the Edict.  This action was said."caput sequi," which is thus explained by instances: if a son or slave committed Noxa, the
action was against the father or owner, so long as
the offender was in his power; if the offender became sui juris, the injured party h ad a directa, act io
against him; and if he came into the power of
another person, that other person was liable to the                                             I
action.  If a paterfamilias committed a Noxa, and              /          i
was adopted (adrogated), the actio which was                    -
originally against him (directa), became all   action
against thet adopting person.  A paterfamilias or
master could have no action against a son or slave
ill respect of a Noxa done to him-self, the ground  only.  The light and thin clothing of Hetaerae,
of which was that no obligatio could be contracted  was denoted by the use of the same epithets.
between such parties; and as the foundation of all  (Athen. xiii. 24, 25.)  [COA VESTIs.]
obligatio was wanting in such case, it followed that    This term  applied to the warrior expressed the
there co:ld be no action against such son or slave, absence of some part of his armour. (Hom. Il. xxi.
if he became sui juris, nor against another person  50; Jos. Ant. Jud. vi. 2. ~ 2; Gell. ix. 13; Xen.
into whose power he might come.  If another per- de Rep. Lac. xi. 9.)  Hence the light-armed were
son's slave or son committed Noxa, and then came  called?yjou7vTes.                       [J. Y.]
into the power of the injured person, it was a ques-    NU'MERUS, the name of a body of troops in
tion between the two schools whether the right of the imperial period.  [ExERCTUvs, p. 500, b.]
action was extinguished, or only suspended so as    NUMMULA'RII or NUMULA'RII. [MENto revive in case the offending  party was released  sArII.]
from  the  power of the  injured person.   The    NUMMUS  or NUMUS, coined money. —I.
opinion of the Proculiani, which was in favour of The c.hief terms used in Greek and Latin for mzonc?/
the suspension only, appears more consistent with  are apySppoPv, Xp/pa-ra,,'OJtrpoye, aes, _pecuniza,
the principles on which this right of action was  monetc, n nzus (or  umiuZs), and numissiz.  It
founded.                                           was called &pyCiplov  from  ~pyvpos, because the
The mode of the " noxae deditio " was by man- prevailing coinages in Greece were of silver [Apcipatio. The Proculiani contended that three man-  GENTUAI], (so at a later period we have XpOUilov
cipationes were required by the Law of the Twelve  and XdXKrov, which, however, are seldom  used,
Tables [EMANCIPATIO]; but the Sabiniani con- except in their specific senses,) and aes, because
tended that the Law only applied to the case of that of Rome and Italy was of copper [AES];
voluntary mancipations, and that one muancipatio  XpLtan'a, simply as the representative of value;
was sufficient.                                    pecnica, from the samle cause, in connection with
If the father or owner made no defence to a pecuts, which either meant originally cattle, and
noxalis actio, the offender was given up by a de- thence, in an early age, valuable property i0 s qeneral,
cree of the praetor to the injured person, and thus  or, perhaps, vice versa; and voj,uacuac (sc. ap-yUbecame hiis praetorian property (ii blonis). If several slaves committed theft, the Edict required the    * There is no probability whatever il -the other
master to pay only the amount of dmnnage which  reason given for the origin of the word, namel-,
would be payable, in case a single freeman had  because the early coins hald the image of cattle
committed the theft.                               stamped upon them. (See Ass.)




NUMM US.                                           NUMMUS.                    809
olov), from 4Ydcos, because it was a medium  of ex-  which therefore have formed, either separately or
change established by custom and law, current coin  in combination with each other, the materials of
(Demosth. adv. Timocr. p. 805; Aristoph. Nub. nearly every system of money which has ever ex246;  Aristot. Eth. v. 8).  These last termls, nznm-  isted.  The history of their use by the Greeks
muzs and rnumisma, were transferred into the Latin  and Romans will be noticed presently; but it is
language through the Greeks of Sicily and southern  necessary first to say a few words respecting some
Italy, who applied the word vo'os (or, as it is  other substances, which were anciently employed
also written, vOD/sicOS), not only to money in general, for money.
but specifically to the chief silver coin of their    Iron was used by the Lacedaemonians and Bysystem; and thus, in Latin, the word is used both  zantines, probably on account of the abundance of
in the specific sense, as equivalent to sestertius the metal in Laconia and on the shores of the
[SESTERTIUS], and in the generic meaning of any  Euxine. (Pollux vii. 106; besides numerous other
sort of money.  (Varro, L.L. v. 37. ~ 173, ed. testimonies.)  Aristotle, who in the passage alI iller; Pollux, ix. 79; Miller, Etrushk. vol. i. ready quoted, mentions iron and silver as examples
p. 315; Bhickh, Mets'ol. Untersuch. p. 310; Eckhel, of the materials of money, tells us elsewhere (Oecon.
Proleqosn. General. c. 1; and the Greek and Latin  ii. 2) that the people of Clazomenae had iron
Lexicons.)  Some writers give the ridiculous deri- money; and there are some obscure testimonies
vation of  um22us from NAunma, who, they say, first respecting the use of iron money in the earliest
coined money: here the process has been, first, to  age of Rome (Suid. s. v.'Ao'dpma).  Not a specifancy the connection of the words, and then to  men of iron money is now extant, a fact easily acinvent the fact to account for it. (Sulid. s. v.'As-  counted for by the liability of the metal to rust.
cadpa; Isid. Orig. xvi. 17.)  The word msoeneta, (Eckhel, Proleg. 6.)
from which, through the French, we get our word    Tin  was coined by Dionysius  at Syracuse
Money, was a surname of Juno, in whose temple  (Aristot. Oecon. ii. 2; Pollux, ix. 79); but this
the standards of weight, measure, and money were  is the only notice of such money, except a law in
preserved: the epithet itself seems to correspond  the Digest, which refers merely to spurious coins.
in meaning and derivation (from  m2neo) to the  (48. tit. 10.)  No specimens are extant.  (See
name of the Greek deity Mvrlmo-cvv.   [MONETA.]  further, Ecklhel, 1. c.)
II. Origin of  l[on2ey.- Aristotle (Polit. i. 3)    Leaden money is not unnfrequently mentioned by
defines PJld'ylae  as roTLXeE7oV eal 7rEpas TrAS   aA- the poets, and not a few coins or medals of it are?aeys, and traces its invention to the early felt preserved; but it is doubtfutl whether they were
necessity of a common medium  of exchange, to  true money. (Eckhel, I.e.)
obviate the inconveniences of barter.  At first, he  Ieathelr; wrood, and shells are also referred to as
tells us, it consisted of masses of metal and other materials of money; but such monies could only
convenient substance, determined by  size and  have been tokens, not true coin.  Leather money
weight, and, lastly, with marlks stamped upon  is said to have been used by the Carthaginians,
them, to save the trouble of always weighing them. Spartans, and Romans. (Eckhel, 1. c.)
It is unnecessary to quote other authorities in con-    IV. Distinctions  betsween ancient Money and
firmation of this statement. (Eckhel, Proleg. c. 2.).tMedals. -It is no longer necessary to examine
The things which are essential to money arthe  the paradoxical assertion of Sebastian Erizzo, that
s7material and the stani —the former giving it the  all the ancient coins which have come down to us
reality of value, the latter its assurance.  In the  are mere medals, and were never current money.
early state of commerce, described in the IIo-  (See Eckhel, Proleg. c. 5.) But tle questionis very
meric poems and other ancient works, when the  important, whether any among them  were mere
transfer of commodities was effected by means of medals, and if so, how they are to be distinguished
quantities of unstamped gold, silver, or copper, from the coins which were used as money.  This
which were determined by weight, money, pro- question is fully discussed by Eckhel (I. c.), who
perly speaking, did not exist.  On the other hand, lays down the following as the chief criteria for
at mere stamp, on a material of little intrinsic value, distinguishing between them.
does not make it money, but a mere token of    When we find a cbontinuoiis'-series of coins,
credit, which is sometimes loosely and inaccu- having the same, or nearly the same weight, stamp,
rately called money.  This sort of so-called money  and style of workmanship (allowing for the decline
was sometimes, though rarely, employed by the  or improvement of the art); or when we find a miulancients, and that chiefly by the barbarous nations; titude of specimens of the same coins, and that too
the civilised states preferred the subterfuge of de- in different places; when the stamp upon a coin
basing their coinage to any attempt to introduce  expresses its weight or its denomination; in these
the element of credit avowedly into their monetary  cases  there  can be no  doubt that the coins,
system.  They had nothing like our paper money  if genuine, were real money.  These tests are
or bills of exchange.                             answered by the general series of Roman copper,
III. Macterials of' ancient 2Money.- The con- silver, and gold coins; by most of those of the
ditions which any material used for money must Greek states; by the gold and silver coins of
of necessity answer are obviously the following:  Philip, Alexander, and his successors; and by the
— it must exist in sufficient abundance; it must cistoph/ori of proconsular Asia.  On the other hand,
be of intrinsic, that is, universally acknowledged  those appear to be medals, and not coins, which
value, and, as nearly as possible, of uniform value; very much exceed in size the ordinary coins, such
it must be capable of resisting wear and corrosion; as the celebrated and beautiful gold medals of
it must be portable, easily divisible, and not diffi- Lysimachus, many gold medals of the Roman
cult to work into those sizes and to mark with  Empire, and some silver medals which occur only
those stamps, which determine and certify its under the later emperors.  The question of the
quantity and quality.  These conditions are best copper or bronze medals is more difficult to decide
fulfilled by  the metals golcd, silver, and copper, by this test, on account of the large  size of the




810                NLUMMUS.                                          NUMMUS,
ancient copper money of Rome. (See Eckhel, 1. c. us that most coinages have been subjected, destroys
p. xv.)  Another test of a medal is its being of the meaning of the terms of weight, which are
an unusual or very elaborate device or workman-  still applied to the coins.  Examples of the first
ship.  Respecting the occasions on which medals  cause of disagreement occur of necessity in every
appear to have been struck, see Eckhel, l.c. pp.  monetary system  which contains more than one
xvi-xviii.                                         metal;  of the second, an interesting illustration
V. Tests of the genuzsineness of ancient Coins. -   will be found in the Attic weights and money;
As this work is intended for the general classical  and of the third, we have a striking instance in
student, and makes no pretension to be a perfectly  the progressive diminution of the Roman as. [As.]
adequate guide for the special study of each branch  Still, however, where we have no historical eviof antiquity, and as this branch of numismatic  dence of such discrepancies between the weights
science, although of primary importance for ncue  and monies of a people, especially in early periods,
who wishes to examine the ancient coins them-  we assume their correspondence.  If we did not,
selves, is yet one of the most intricate, and is corn-  the attempt to reconstruct any ancient system of
paratively unimportant for the mere explanation of weight and money, and to express it in terms of
the Greek and Roman writers, it must suffice to  our own, would be hopeless, as there would be no
refer to the chief writers, quoted at the end of this  basis whatever for the investigation.  Unless then
article, with only the observation that the abun-  we know.anything to tile contrary, we assume a
dance of ancient false money and modern forged  talent of money to mean a talent's wzeight of the
coins is one chief cause of the great difficulties of metal, which was chiefly used for money, namely,
the subject.                                       among the Greeks, silver; and, conversely, that the
VI. History of Greek and Roman Coins. -  It  weight of the silver coins, which make up the
has already been observed that the general defini-  value of a talent, gives us the amount of talenttion of money is a certain weight of metal of a  weighAt.
certain value, that is, of a certain fineness; the    In order that what follows may be better nisi-weight and the fineness being attested by a stamp  derstood, we give here the chief denominations of
upon the coin.  The latter condition was not in-  weight and mioney among the Greeks and Romans.
troduced until the first had long been acted upon; Among all the Greeks, the unit was the tarleft,
and, on the other hand, there are malny occasions  which was thus divided (comp. PONDEuRA and the
on which the stamp upon a coin is altogether neg- tables): -
lected, and it passes current merely according to its    1 Talent* contained  60 Mina.e.*
real weight and fineness: one interesting examsple       I Mina,,     100 Drachmae.
of this has been noticed under As, p. 140.  The          1 Drachma,,         6 Oboli.
primitive stage in the invention of money is illus-  In this system we have a combination of the decitrated by various passages in the historical books  mal and duodecimal systems.
of the Old Testament, and in Homer.  Coined    Among the Romans, the unit of weight and
money is never once mentioned in the Homeric  money was the As or LIBaA, which was divided
poems; but the instrument of all the traffic re-  on the duodecimal system, its twelfth part being
ferred to in them is either simple barter, or quan-  called ssncia, and the intermediate parts beiing
tities of gold, silver, and copper.  Gold alone is  named according to the nullber of snci;e they conreferred to as measured by a definite weight, the  tained, or according to the fractional part of the
dahavToe, which in Homer appears to be quite a  As which each was.  In some parts of Italy, howdifferent quantity from the common talent of the  ever, (namely, Central Italy, north of the Apenhistorical period.  This word was originally a  nlines,) the decimal division of the As was used,
generic term  for weight, and signified a 2pair of' the 2un1cia being its tenth part. (Comp. As, PONscales, and anly tling weighed out, as well as a dleft-  DER, UNCIA, and the Tables.)
smite weiqht.  The same is true of the Latin word    i. Histo?y of Greek Msoney. -  The invention of
libra: the original meaning of the equivalent word  coined money among the Greeks is ascribed by
as was merely unity, or a unit, whether of weight tradition to two sources, not to mention the merely
or of anything else.  The other principal Greek  mythical stories of its origin (Pollux, ix. 83). As.word, Lva', which is later than the Homeric poems, cording to one account, the Lydians were the first
is, undoubtedly, of Oriental origin, and probably  of mankind who coined and used gold and silver
means anything divided, apportioned, or deter-  money (Herod. i. 94; Xenoph. ap. Poll. 1. c.).
mined, akin to the Hebrew mrnnelh, and to utcdotuat, The other anud prevailing tradition is, that Pheidon,
suonere, snoneta, &c.  These words concur with all king of Argos, first coined both copper and silver
the other information we have upon the subject, money at Aegina, and first established a system of
and with the very necessity of the case, to prove  weights and measures. (Herod. vi. 1 27; Ephor.
that every systesm of noney is founded ulpo  a pre-  ap. Stracb. viii. p. 376; Ael. V. 1I. xii. 10; Poll.
viously existing system of zoeiqlst.  It is, however, 1. c.; Marual. Par. 45, 46; Grote, Iiistory of Greece,
of the utmost importance to observe, that a word  vol. ii. p. 424: the date of Pheidon, according to
denoting a certain weight does not, of necessity,  the Parian Marble, is B. c. 895; but Grote, Clinton,
when applied to money, indicate a quantity of Bdckh, and Miiller all agree in placing him about
metal of the same weight.  For, first, the word  the middle of the eighth century, between 783
talent or pound may be applied to an equiealesnt or 770 and 744 or 730, B. c.; see Grote, 1. c.
value of gold, silver, or copper, although, ins weisght, p. 419.)  These traditions are not altogether illits meaning must be restricted to one of these  consistent; only we must understand the former
metals: secondly, there may be, in the formation  as implying nothing more than that a system of
of a monetary system, an intentionaldeviation from  money existed in Asia Minor in very early times
the existing standard of weight, while the names
of that standard are preserved: and, lastly, the    * These were not coined, but were monies of
progressive deterioration, to which'history informs  account.




NUIMMUS.                                         NUMMUS.                   811
which was adopted by the Ionian colonists, from   older coinages, and the tetradrachm  in the later.
whom  it passed over into the Ionian States of Didrachms are the prevailing coin among the exGreece Proper, especially Athens, under the name  tant specimens of Aeginetan money: tetradrachms
of the Euboic system; a name which it probably  among the Attic.  The didrachmn, from its prevaobtained from an early coinage in the island of lence in the early coinages, obtained the name of
Euboea, which was rich in copper and silver ores.*  stater (ora'rap, i. e. standard), which was afterThe other tradition, in all probability, expresses  wards used specifically as the name of the chief
an. historical fact, except as to the circumstance  gold coins, because they were of the same weight
of Pheidon's executing his coinage in Aeginat,  as the silver didrachm  [STATEr].  There still
which is almost certainly an invention of the later  exist numerous Aeginetan drachms, didrachms, and
writers, made for the purpose of explaining the  tetradrachms of undoubted genuineness; many of
name Aeginetan, applied to the system which was  the highest antiquity.  The earliest of these coins
established by Pheidon and adopted by most of are very thick, and of rude wol'kmanship: they
the Dorian states.  This system, as well as the  are stamped with the figure of a turtle, the reverse
former, was derived from the East, and was iden-  having no device, but only an indented marl, as if
tical with the Babyloniasn;  and, moreover, both  the coin, at the time of striking, had been laid
systems existed together in Asia Minor, where  upon a puncheon, the impress of which has been
the larger (Babylonian) talent was used for silver, transferred to it by the weight of the blow.  In.
and the smaller (Euboic) for gold. Thus it ap- the later coins of Aegina, the turtle is changed into
pears that these two systems of weight and money, a tortoise, and the other side bears a device. (See
both derived originally from the Chaldaeans, may  the woodcut on p. 439.)
be distinguished as the layger Balbylonian or Asgice  In calculating the weight of the Aeginetan coins,
or (genIerally, but less properly) Aeginetan, and  we are at once met with one of the great sources
the sm2aller Batbylonians or Lydian or Iosnian or Eu-  of uncertainty in numismatics, namely, the doubt
bo~ic or larger Attic.  The last term  is used to  whether the existing coins of any system are of
distinguish the old Attic scale, which was iden-  full weight, which doubt, in the great majority of
tical with the Eubo'i, from the scale which Solon  cases, experience converts into the certainty that
introduced, and which was considerably less; the  they are not.  The chief exception to the general
latter alone was used for money, although the  debasement of ancient money was the silver money
former continued in ase as a scale of weight under  of Athens, which, at least until some time after
the name of the comzwmercial standard. The talents  the Peloponnesian WVar, was proverbial for its full
of the three systems of money, which have been  weight and purity.  One method, therefore, is to
mentioned, are known respectively as the A eginetan,  take the best Attic coins as the standard of coInthe Euboie, and the Attic or Solonian.  Their nu-  putation, not only for the Attic system, but also
taerical ratios to one another were as follows: -    for any other system  which bore a known deternlined ratio to the Attic.  Now, taking Hussey's
Aeginetan: EuSoltn::   6: 3
Aeginetan: Solonian::   5:   3          Cvalue for the Attic drachma, 66 5 grains (which,
Eubogic: Solonian:: 1385: 100        if there be any error, is a little below the mark),
i. e.:: 100:  72          the Aeginetan drachma ought to weigh between::   25:  13          110 and 111 grains.+  Its actual average weight,
or nearly::   4:   3          however, as obtained by Mr. Hussey from  the
coins of Aegina and Boeotia, is only 96 grains.
(Respecting the details of these matters comp. There is, of course, the alternative of using this disPONDERA).                                        crepancy as an argument against the ratio of 5: 3 for
(1.) Morney of the Aegainetan  Standacd. —A1  the systeums of Aegina and Athens; and this course
though, according to the tradition, Pheidon coined  Mr. Hussey has adopted.  But Bdckh has shown
copper as well as silver, and although we have in-  most conclusively that this explanation is totally
dications of a copper currency among the Greek  inadmissible.  We have not space to discuss the
states of Sicily and Magna Graecia, which fol-  question at length.  It must suffice to observe
lowed  the Aeginetan  standard, yet in Greece  that, if any one fact in ancient metrology is to be
Proper copper money was altogether exceptional. accepted as established by testimony, it is the
[CHALCUS.]  The ordinary currency in all the  fact of this ratio of 5: 3; — that the fact of the
states was silver, the principal coins being the  prevailing debasement of ancient coinages, by
drachezst,and its double (iaspaXuAov), and quadruple  which the discrepancy above noticed may be ex(re:pdalpaXlAov), the didrachm  prevailing in the  plained, is also one of the most certain facts in the
whole subject;-that coins are actually found of
* Mr. Grote's derivation of the names Euboic the Aeginetanl system, which come very nearly up
and Aeginetan, "from the people whose commercial to the full theoretical weight, those, namely, of
activity tended to make the scales most generally  Melos and Byzantium, both Dorian settlements,
known - in the one case, the Aeginetans  in the  and those of the Macedonian kings before Alexanother case, the inhabitants of Chalcis and Eretria"  der the Great.~  To these positive arguments it
(vol. ii. p. 432)- is at least as probable as that may be added, that Mr. Hussey's attempt to exsuggested in the text.                           plain away the statement of Pollux, that the Aegi~1 The. statement (Etym. uIag. s. v. EbgociKhv
vy6/Lcr/a) that Pheidon's coinage was struck in a    + Biickh, from a rather higher value of the Attic
place of Argos called ETuboea, obviously arose from  drachma, gives the following theoretical weights
a conlfusion, in the head of the compiler, between  for the Aeginetan coins: the didrachm 224'59
the Aeginetan and Euboic standards; and then, grains, the drachm  112'295 grains, the obolus
after the frequent fashion of the grammarians, at-  18-716 grains (p. 77).
tempting to set right a blunder by a wilful mis-    ~ These Mr. Hussey is compelled by his theory
statellment, he invented the Argolic Euboea.     to erect into a distinct standard.




812               NUMMUS.                                             NUlMMUJS,
netan talent contained 10,000 Attic drachmae, as  or, from Bickh's value, rather more than 93  (or
not referring to the genuine ancient money, but to  93'5792, B3ckh, p. 109).   There exist several
the coins which passed as drachmae under the  coins of Chalcis itself, of Rhegium in Italy, Naxos
Roman empire, and which either were, or were  in Sicily, and other Chalcidian cities, which come
equal to denarii, - is not only unsupported by  quite as near to this standard as could be expected.
any actual evidence, but is easily proved to be  (See B1ickl, 1. c. and foll.)   The Euboic gold
fallacious.  Some minor, but important, arguments  money is singularly scarce, and the few  pieces
are satisfactorily disposed of by Bijckh.  (lIetrol. that exist only give  rise  to new  difficulties.
Untcrsuch. pp. 77, foll.; comp. Grote's Review ill (B6ckh, 1. c. ~ 5.)
the Classical.1iusemn, 1844, vol. i. pp. 10, 11;    (3.) Money of the Attic (Solonian) Standard.I:ussey, Ancient Weighlts, pp. 31, foll., 61, foil.)  Before the time of Solon, the standard of weight
For the actual value  of the Aeginetan silver used at Athens was the Eubo'/c; and there still
money, as compared with ours, see DRACHNIA and  exist coins, evidently from  their form  and workthe Tables.                                        manship among the most ancient we possess, which
The Aeginetan system  of money was adopted  appear to be didrachms  of the Euboce scale.
throughout the Peloponnesus (except perhaps in  These coins are stamnped with the figure of an ox,
Achaea) in Boeotia, and Northern Greece generally, which we know from  several ancient writers to
up to Thessaly, in Macedonia, in Crete, and gene-  have been the regoular impress upon the oldest
rally in the Dorian settlements in the Aegean and  Attic coins.  (Sclol. A. B. L..ad Teom. I/. vi. 236;
on the coast of Asia Minor; and also in the  Etynz. lUayg. s. v. EiavoT6U7; Pollsx, ix. 60; DioDorian states of Italy and Sicily, where, however, genian. iii. 48; Hlesych. s. vv. 3ovs  erl i yAor??,
it assumed a peculliar form  though coming into  6dg8eaosos,; Zenob. ii. 70; Suid. s. v. v.  os Irl
connection with the native Italian system  (see?yAc6Tr-rT ).  This coin was called ho~s, and its
below).  In Egypt also, the coins of the Ptolemies  origin was carried back mythically to the time of
appear to have been at first conformed to the  Theseus, who was said to hlave first coined it, and
Aeginetan system; but they were soon very much  to have stamped it with the figure of an ox, in
debased. One state, in which the Aeginetan system   allusion either to the Marathonian bull, or to the
was adopted, demands special notice. At Corinth,  Minotaur; reasons which are mere guess-work.*
as being a Dorian state, and from its proximity to  (Plut. T/Ies. 25.)  This didrachm or fBous was the
Argos, there can be no doubt that the Aeginetan  chief coin of the old Attic system: in the Solonianl
system was adopted, to which ii fact some of the  systemn the chief coin was the tetradrachm stamped
oldest extant Corinthian coins approach very near. with the head of Athena and the owl, and this
But we also find a smaller Corinthian stater or also received a name from  its impress, and was
didrachm of 10 Aeginetan obols, which, according  called?yXsa. (Philoch. ap. Schol. ad Asristoph. Asv.
to the fixed ratio of the Aeginetan to the Euboic  1106.)  The latter device contilnued to be the
scale (6: 5, i. e. 12: 10) would be 12 Euboic  prevailing one throughout the whole history of the
obols, or a didrachm.  This coin seems also to be  Athenian coinage.  (See the wood-cut on p. 438.)
equivalent to that found in Sicily as the piece of 10  Biickh supposes that the didrachms of the old
litrae (etcdAXrpov or  6 orecdt-Spo0s r-arp).  Hence  Attic system: passed for tetradrachms in the later
it would seem that the Euboic scale was early in-  (or Solonian).currency..
troduced at Corinth, a fact which might easily    The politico-economical history of Solon's alterhave been anticipated from the position and corm- ation of the Athenianl currency does not belong to
mercial activity of that state.  This Corinthian  tle present subject. (See Grote's HIistosy of'Greece,
stater or didrachm seems to have passed at a later  vol. iii. pp. 131, foll.)  That legislator is known to
period, at a depression of 1-10th of its value, that have lowered the standard of money in order to
is, as 9 Aeginetan obols.  The Attic (Solonian)  relieve debtors, anld Plutarch (Solon, 15) informs.
scale seems also to have been introduced at an  us, on the testimony of Androtion, that " Solon
early period into Corinth, and afterwards to have  made the mina of 100 drachmae, which had forbeen used there il preference to the Aeginetan  merly contained 73."  It is incredible that a large
and Euboic.  Through Corinth, the Attic standard  prime number, such as 73, should have been used
was introduced into Sicily and several states of as a multiplier in any system of weights; but what
Western Greece, such as Ambracia, Anactoritum, Plutarch meant to say was, that Solon made a mina
Lencas,  Amphilochia, Aetolia, and the Locrians.    or 1 00 drachmae ost of' the sanze quanstity of silver
Respecting the gold money of Aegina and the  which was formerly used for 73 drachmae.  The
other Greek states, see STATER.                    value, therefore, of the Solonian money to that of
(2.) Money of the Esuboi'c StandarCd.- In Asia  the old standard was as 73: 100.  Now this was
Minor, under the Persian empire, the tribute in  very nearly the proportion of the old or commercial
gold was paid in Eiuboeic talents: Ibut we nmst weight to the new silver weight, namely, 100: 138,
here understand weight alone to be referred to:  =72`}: 100, or, more exactly, as Biickh has shoown,
for the weight of the existing darics shows clearly  as 100: 138-=72: 100)=18: 25. [PONTEnrmA.]
that the Persian money was conformed to the  But why should Solon have adopted so sinogular a
Babylonian standard.  That there were in some  proportion?  Biclkh suggested in his Public Eaoparts  of Greece, current coins of the Euboic  nomiy of _Athens that it was probably an accident;
standard of weight, is proved by the very term  that Solon intended to reduce-the mina one-fourthll
EhosYcb, yaalr.oua, amid such coins are found amonsg  that is, to make 100 drachmae of the new coinage
the extanlt money of the Euboean cities and their  equal to 75 of the old, but that by some inaccuracy
colonies, especially those of Chalcis.  First, however, the standard may be obtained theoretically        The ox on the coins of Euboea is supposed to
from  the Attic and the Aeginetan; and in this  be in allusion to the name of the island, and posnloanoer, from I-IHussey's value of the Attic drolchmna, sibly the Attic coins may have borrowed the type
we obtain about 92 graitns for the Euboic drachhma, from thle coins of Euboea.




NUMMUS.                                            NUMMUS.                    813
of manufacture the new coins were found to le -a  Greek money il general, and with the systems of
little too light; and as Solon's coinage furnished  particular states, which cannot be comprised within
the standard for all subsequent ones, the error was  the limits of this article, but which are fully treated
retaiied; and that, in fixing upon one-fourth as the  of in the works referred to at the end of it.  The
amount of the reduction, Solon was guided by the  details of the minting of the money and the laws
wish of assimilating the Attic system to the Eubo-c, affecting it will be found under MONETA.
which, according to this view, would be different    ii. Hlistory of lonzaz and Italian M1oney. -  Tile
from the old Attic.  A more complete investigation  earliest coinage at Rome was of copper.  Its hisof the subject has, however, convinced that dis- tory has been already given under As.
tinguished scholar that he was mistaken in sup-    Silver was not coined at Rome till B. C. 269, five
posing the Euboic standard to be distinct from the  years before the first Punic war (Plin. 11. N. xxxiii.
old Attic, and that the triue reason  oJ'f the precise  3. s. 13); but the Roman coinage of silver never
amsount of debasemzent adopted by Solon teas in order appears to have been so free from baser metal as the
to bring isis new system into a simple definite ratio, best Athenian coinage.  Under the Emperor Galnaumely 3: 5 to the Aeginetan, which the Pheidonian  lienus, the coinage was so much debased that it
institutions had established throughout the greater  contained * silver and ~ alloy.  In the time of the
part of Greece.  (For the full development of the  republic the impression on silver coins was usually,
argument, see Bbckh, Metroloyisclhe Untersuchungeii, on the obverse, the head of Rome with a helmet,
c. ix., and for the denominations and values of the  the Dioscuri, or the head of Jupiter; and on the
Attic silver money, see DRAcsrAIA).                reverse, carriages drawn by two or four animals
It was the boast of the Athenians that their  (biqae, quadrigae), whence they were called respeccoinage was finer thaml all other money in Greece, tively bijyati and qunadrigati, so. nus17ni.  The prinand Xenophon says that they exchanged it with  cipal silver coins among the Romans were the
profit in any market (Aristoph. Ran. 732; Xen. denarius and sestertius.  [DEINARIUS, SEsTERfect. iii. 2): there is, however, a distinction to be  TiUS.]  Respecting the Roman gold money, see
made in this respect between the Attic coins of AunRuM.
different ages, which are easily distinguished by    Among the interesting matters which are here
their form and workmanship.  The most ancient passed over for want of space, and as not of great
are very thick and extremely rude.  The second  importance for the ordinary classical student, are
kind, which appear to belong to the age of Pericles  the fuller discussion of the early systems of the
and Xenophon, are also of a thick form, but not so  other states of Italy besides Rome, and the descrip.
clumsy in appearance.  The third, which belong to  tion of the coins of the later empire.  Onl the fora later period, are broad and thin.  Most of the  imer subject, the reader is referred to Miiller's
extant specimens are of very fine silver.  Some  Etrusker, and Abekenl's 1Mittelitalien, on the latter
writers have supposed that they are quite free  to Eckhel.
from baser metal; but the experiments which have    iii. Connection of tihe Greek and Ronman Systenms
been made show that the finest possess a small in Sicily and Lower Italy. -  For the reasons just
quantity of alloy.  Mr. Hussey found upon trial assigned, some very brief remarks must suffice
(Ancient TVeigyts and MIoney, p. 45), that the most for this part of the subject, though it is one of
ancient Athenian coins contained about 18 of the  the most interesting in the whole range of numisweight alloy, the second kind about -J-, and the  matics.  It is also, however, one of the most
more modern about f; tile last of which is nearly  difficult, and its full discussion would require a
the same alloy as ill our own silver coin.         separate work of no small dimensions.  We find
The purity and full standard of the Attic silver  in Sicily anid Lower Italy all the three chief sysmoney, mlld the commercial character of the people, tems which prevailed in Greece, and also the
will account easily for its wide diffusion throughout Italian system, not kept distinct, but brought into
the Grecian states.  It was adopted at an early  connection; besides a system which may be called
period by Corinth and her colonies; and thus was  specifically Sikelian, as it is not found  elseintroduced into Sicily and Italy, where we find it, where, and besides also the Carthaginian system.
not only in the coins of Rhegium and'arentum, but Of the three systems imported from Greece, the
evenin those of Populonia; but in mostofthesecases, Aeginetan was naturally brought by the coloit existed side by side with the Aeginetamn stand-  nists from  Corinth and Rhodes, who were the
ard.  It is also found in the later coins of Euboea  chief Dorian settlers in Sicily; the Eubo-ic was
and of Crete, and in those of Thasos and Acan-  similarly introduced by the Chalcidian colonists%
thus.  It is probable that it prevailed extensively  and also from  Corinth; and the Attic was imin the Ionian islands and cities of the Aegean Sea, ported through comumerce, both directly and by
but there are great difficulties connected with the  way of Corinth.  The Italian  is supposed by
coins of many of these states, and some of themo  Bckh to hlave been introduced by the commercial
(Chios, for example) seem  to have had standards  activity of the Etruscans at a very early period.
altogether distinct and peculiar. The Attic standard  Undoubted evidence of the existence of the last
prevailed in Western Greece.  The Thessalian  system is furnished by the very words Xg'rpa and
confederacy had, at a late period, coins on the  otyrcia, which it is impossible to explain otherwise
Attic scale; and the money of some of the barba-  than as being the Italian librae and uncia.  It'is
rian nations of Eastern Europe appears to belong  important to observe that we have here a mixture,
to the samne standard.  It also formed the basis of not only of different standards of weight and
the later Macedonian coinage, having been adopted  money, but also of different systems of arithmetical
by Philip for gold [Avuiuaos     STATER], and by  computation, the mixed decimal anld duodecimal
Alexander for silver.  It was followed likewise  system  of the Greeks coming into collision with
by the Seleucidae in Syria, and by Philetaerus in  the purely duodecimal system of the Italians.
T'ergamus.                                           In adapting these systemns to one another, it
There are Inany other points connected with  would seem that the pouind of the Italian system




814               NUMMUS.                                              NUMMUUS.
(libra, XrTpa) was identified, not, as some have  obols, which may be regarded  as forming the
supposed, with the naina, but with the half minac of crTaTp,  or chief coin, of the Sicilian system also:
the Aeginetan scale; and, consequently, that 120  that then, the obol, being identified with the Atrpa,
pounds went to the talent, as we are expressly in-  was subdivided, just like the Italian pound, from
formed by the Tauromenian inscription; and that which its name was derived, into twelve parts or
copper money was coined in conformity with this  ounces (6'ycldat, oubyriaL, i. e. unciae), each of which
standard.                                           was a chalcus (XaAhKos: what this chalcus really
Pollux (ix. 80-82) refers to Aristotle's Polity  was, we shall presently endeavour to show).
of the Hinzmeracans, for an account of several de-    As to the intermediate parts of the pound or
nlominations of Sicilian coins, and of these he men- ArTpa, it is evident, from the explanation which
tions the obi-ycla, as equal in va.lue to one chalcus;  Pollux gives of &3ias and rp!ias, that he supposed
the a,~as, equal to two chalci; the Tpmtas to three; them to be named from the number of ounces they
the l7tiUArLpom to six; and the Mlrpa, whichi is an  contained, as was clearly the case with the reeobol; the 8EKcdXTrpov, he adds, still quoting Aris-'rC7'YK1OY, according to the analogy of which, if the
totle, is worth, ten obols, and is thea Cointhian stater.  idea of Pollux had been right, Fttas and'rptc5s
Ile then proceeds to state that there were many  would have been respectively L&'yctmov and'rpmcuypassages of the Attic, as well as the Dorian, co- iKoe (like terunmcius).  Bentley has conclusively
medians, in which these coins were alluded to, and  shown (quoted by Bibclkh, p. 293) that, in this
he quotes lines froul Diphilus, and from Epichar-  matter, the Greek grammarians fell into a very
imus, in which mention is made of the A-rpa, the  natural error, through not understanding a system
7,UilATpoV, the it 4vTrov (a diminution of ixs), foreign to that of their language, and that, in fact,
the 7reVTcirytov, and the aercdtxrTpos  rTa'rep, as  the parts of the litra were named, as the general
silver coins.  A little before this, he quotes fiom  rule, not from the number of ounces they contained
Aristotle's Polity of the Agrigenztines the statement,  (except in the case of the 7reVTc'rSyrCoV, like the
that the litra was equal in value to an Aetqiletan  Latin  quincunnx, an  exception  easily  accounted
obol.  (Compare, to the same effect, Pollux, iv. for by the difficulty of expressing the fraction
174, 175.)                                          5-12ths by a single word), but from the fractionall
From  these statements, it appears that, in the  part of the litra. which each of them was equal to,
Sicilian silver money, the Eubofc and Aeginetan  jtust as in the Latin system.  The following table
scales were connected just as we have seen that shows the whole scale, with the corresponding
they already  were in one of the systems, from   Latin names, and with the values of the coins in
which the Sicilian money was derived, namely, in  silver obols of the Aegincetan standard and in the
the Corinthian didrachm or stater of ten Aeginetan  copper coins called chalci:Denominations.                                         Valutes.
OroaTh'p or 3e-}                     j iIa  0 asses, decussis       10 obols or
A TpZ          =     12 oorytiam   =        as or libia             1 obol       -      12 calci
iitlTPOv              (3 -A                               = 6sei.,, 6
rev rciycrov          5,,                    = qinx                                   5
pmas                  4 5     1   =         trie'ss          i 5 af                      4 s
rerpa s        =      3,,         { q —uadraas or t      =   3
tctips         =      2,,      =        sextans                 -                    2,, 
omyticla   =          1           9          n =  umcia                         —,,     1,,
Just as in the Latin system, so in the Graeco-  (Varro, L. L. v. 36. s. 67, ed. Miiller; Pollux, ix.
Sicilian, there seem to have been no coins between  79; Festus, s. v.; Suid. s. v. do'uos.) Pollux (i.c.)
the half and whole Atrpa.  Thus, in the second  quotes two passages from  Epicharmus, in which
passage quoted by Pollux  from  Epicharmus, a  the word is used il the specific sense, for a partisuIm of money is expressed as consisting of ALrpa  cular coin; and  he  adds the statement, from
teal SEICadixpos TrarTip, e'rtvTLov T e Kas rev'r7oyICov. Aristotle's Polity of tle Tarenstines, that voOvItos is
Even as denominations of weight we have (so far the name applied by them  to a coin, on which
as we know) no terms correspondiing to the Latin  Taras was represented carried on a dolphin.  The
septunx, bes, dodrans, dexztans, and dleunx.  Bbckh  grammarians gave the value of the Sicilian nsumsupposes that this system  was introduced in Sicily  mus as 1- Attic obols, in connection with a small
about 01. 40 or 50, n. c. 620 or 580.               talent, peculiar to Sicily, or rather two such talents,
The worth of the chief coin in this system, the  the older containing 24 snummnzi aIld the later 12.
silver litra, or Aeginetan silver obol, must evidently  From a careful criticism  of these statements, and
be assumed to have been, like the Italian libra,  from  an examination of the extant coins, Bbckh
the value of a pound-weight of copper.              comes to the conclusion, that the znummus  was
The gold money of this scale has already been  originally the same as the litra, hut that, when
spoken of under DaMn ARETlo N.                      the Attic standard came into comnmon use, this
For further details on the whole subject, see  nuim7n7tms or litra was diminished by I-10th, in
Bbickh, Alhetrol. Unterslclh. c. xix.               order to bring it into conforlnity with that scale;
Besides the litra, we find the word 2iunmamtus and by this change it became T~9 of the AeginIetan
(vosLutxos) itself in the Sicilian system as the name obol, which is equal to 1 -Attic obols, or the
of a particular coin.  The Greek origin of the  fourth part of an Attic drachma.  This we get
word is attested by several of the grammnarians. the simple law by which the Sicilian money was




NUMMUS.                                          NUNDINAE.                    815
connected with the Attic, namely, 4 nunzinl   complete list even of the chief books on numisniaI draeln.  Hence, also, we see how the ounce of tics.  All the earlier works are referred to in one
the Sicilian system  came to be identified by the  or other of the few books which we now proceed
Greek writers with the chalcus, in its specific  to mention as those which are most important for
sense.   The Attic clhalcus was - of the obol the student who wishes to pursue the subject fur[CHALCUS]; hence 12 chalci would make up 1 I  ther:-Eckhel, Doctrina Aezmonosum Feteruia, 8
Attic obols, that is (restoring the 1-1Oth of depre-  vols. 4to., Vindobon. 1792-1839, some of the
ciation), an Aeginetan obol, or a Sicilian litra. volumes being second editions; Rasche, Lexicoii
The nu7mmus of the Tarentines, mentioned in the  Universae Rei Numariae, 7 vols. 8vo., Lips. 1785
above passage from  Pollux, and which was also  -1805; 5Wurm, de Ponderusnz, NsAruorun?, liealused at Heracieia, was a much larger coin, and is  sucrarum, ae de Anni ordinandi Rationibus, anactprobably the same as the full-weighted Aeginetan  Romlanos et Graecos. Stutg. 1831, 8vo.; Hussey,
drachma  (apaXgi!'raXE7a), which  came near  Essay on? the Ancient l.VeihtIs and Money, Oxf.,
enough to the Attic didrachm  to be identified  1836, 8vo.; Biickh, AMletroloyischle Untersuchalune
with it when the currencies came to be mixed. Ien iiber Gewic/te, llAiinzfiisse, und Maisse des Alterfiact the word numntnSus was evidently applied (like  thumsn2    ie ilhrem  ZusanLmenha/cci qe, Berlin, 1838,
orTaT7p in Greece) to the chief current coin in any  8vo;  Grote's Review  of Bickh's work, in the
systeml, and it may therefore have had very dif-  Classical Mliuseum, vol. i.             [P. S.]
ferent values: Plautus actually uses it for the    NUNCUPA'TIO.  [TESTAMENTUa.]
didrachm.                                            NU'NDINAE is invariably and justly derived
For a further account of the Sicilian nu71mesius by all the ancient writers from snovenr and dies, so
and small talent, anld the Attico-Sicilian system, that it literally signifies the ninth day. (Dionys.
see Bickh, cc. xxi. xxii.                         Ant. Rone. ii. 28, vii. 58; Macrob. Cat. i. 1 6
iv. Olt the Valuce  of Ancient Monwy in ternms of Festus, s. v. Nundinalenm Cocum.)  In ancient Caour own'c.- When we enldeavour to express the value  lendaria all the days of the year, beginning with
of ancient coins in terms of our own, we meet with  the first of January, are divided into what we may
certain difficulties which require particular con-  call weeks, each containing eight days which are
sideration.  If we take for example, a drachma, marked by the letters A, B, C, D, E, F, G, IH.
and a shilling, and make a comparison of their  Now it is admitted on all hands that this division
weigrht and of the fineness of the silver in each, is made to mark the nnmdinae, for every eighth
eve at once obtain a determinate ratio for the value  day, according to our mode of speaking, was a
of the one to the other; and it might appear nundinae.  There were thus always seven ordito a thoughtless person that, having thus found  nary days between two nundilae.  The Romans
what fractional part of a shilling a drachma is, we  in their peculiar mode of reckoning added these
might substitute that value for the drachma, its  two nundinae to the seven ordinary days, and
multiples and parts, wherever they are mentioned  consequently said that the nmndinae recurred every
by ancient authors; and so of the other coins; ninth day, and called them  nunaldinae, as it were
and that thus we might express all ancient money  noveadc/inae.  A similar mode of stating the nuemin terms of our own.  Of course we sei5q/lt do so; ber of days in a week is still customary in Gerbut it does not follow  that, after doingl so, -we  many, where, in common life, the expression csi/lt
should at all obtain what we are seekinug, s ti'ee dcays is used for a week, and the French and
idea of the valuse of ancieniZt?ZOneCy, in any sense  Italians in the same manner call a fortnight quinze
which canl throw light on the numerous social, and jours and quindici giornsi.
economical, and political questions, which the de-    The nunmber of nundinae in the ancient year of
termination of its value mlay affect.  Even the  ten months was  3.1; and care was always taken
coins themselves give different results according as  that they should not fill on the calends of January
we compare the gold or the silver with our gold  nor upon the nones of anly month (Macrob. Sat. i.
or silver, and also according as we compare them   13; Dion Cass. xl. 47, xlviii. 33), and ins order to
with the true value of the metal in the coin and  effect this, the 355th day of the lunar year (dies
the value at which the coin is current; our shilling, inteecalaris) was inserted in such a manner as to.
for example, is currenlt at rather more than its  avoid the coincidence of the nunclinae   with the
real value.  Another source of disagreement, in  priumae calendae or the nones. MMacrobius says
comparing the gold and the silver coins with ours, that it was generally believed that if the nundinae
is the different ratios of the value of gold to that fell upon the primae calendae, the whole year
of silver in ancient and in modern times.  (See  would be signalised by misfortunes; the nones
AR(;ENTUM, AuRvmr.)  The only course left is  were avoided because the birthday of killg Servius
to express the value of the ancient coins in terms  Tullius was celebrated one the nones of every
of the current value of our coins, choosing the  month, as it was known that he was born on the
sovereign or shilling as the standard just as we  nones of some month, though the month itself
may prefer, but in making use of the values so  was not known.   Now, as on the nundines,
obtained, to remember that they are comparatively  the  country-folk  assembled  is  the  city, the
wcort7lless, until by otller investigations Zwne have as- patricians feared lest the plebeians gathered at
certained the value of money as conmpared with corn-  Rome on the nones might become excited and enmnodities at different periods of ancient history.  danger the peace of the republic.  These reasons
Such investigations form  no part of our present are indeed very unsatisfactory, as Gbttling (Cesch/
subject.  The reader is referred for them  to  der Riise. Staatstv. p. 183) has shown, and it is
Bickh's Public Econonoy of Athens, and to Jacob's  more probable that the calends of January were ill
hlistory of the Precious Aletals.  The Tables ap-  suited to be nundinae, because this day was genepended to this work are constructed on the prin-  rally spent by every father in the bosom of his
ciple we have described.                           own fanily, and that the nones were avoided, beIt is unnlecessary to make any attempt to give a  cause, as Ovid (Fast. i. 58) says, Aronarus tteyle




816              NUNDINAE.                                           OBELISCUS.
deo caret. But at the time when the Julian calen-  the people, the tribunes were obligled' to announce
dar was introduced, these scruples, whatever they  it three nundines beforehand, as if it were quite a
mnay have been, were neglected, and in several  new subject.
ancient calendaria the nlindinae fall on the first of    Instead of nundiinae the form nundin2um is someJanuary as well as on the nones.  (See Graevius,  times used, but only when it is preceded by a
77tesaur. vol. viii. p. 7, and the various ancient  numeral, as in trinundinum, or trionu, nUmtndinieni.
Calendaria.  Both before  and after the time of  (See the passages above referred to.)  It is also
Caesar it was sometimes thought necessary, for re-  used in the  expression internundinum  or inter
ligious reasons, to transfer the nundinae from the  nundinzun, that is, the time which elapses between
day on which they should have fallen to another  two nundinae.  (Varro and Lucil. apud lAoniznt,
one.  (Dion Cass. lx. 24.)  The nundinae them-  iii. 145.)  The word nundinae is sometimes used
selves were, according to Plutarch (Quaest. Roein.  to designate a market-place or a time for marketing
p. 275, B), sacred to Saturn, and, according to  in general.  (Cic. de Leg. Agyr. ii. 33, Philio.
Granius Licinianus (ap. Aiccrob. Sat. i. 16) the  v. 4.)                                    [L. S.J
Flaminica offered at all nundinae a sacrifice of a    NU'NDINUM.  [NITNDINAE.]
ram to Jupiter.                                       NUNTIA'TIO. [OPErsIS NOVI NUNTIATIO.]
It is uncertain to whom the institution of the      N U'PTIAE.  [MATRIauONIUM.]
nundinae is to be ascribed, for some say that it was
Romulus (Dionys. ii. 28; Tuditanus, ap. Mlfacsob.
Sat. I. c.), and others that it was Servius Tullins                        0.
(Cassius Hemina, aep. AG acrob. 1. c.), who instituted
them, while the nature of the things for which        OBAE.  [TRIBaJus.]
they were originally set apart seems to show that    OBELISCUS (56eAIrttos) is a diminutive of
their institution was as old as the Romulian year  Obelsus (~CeAos), which properly signifies a sharpof tell months, or at least that they were instituted  ened thing, a slkewer or spit, and is the name given
at the tinle when the Roman population extended  to certain works of Egyptian art."   A  detailed
beyond the precincts of the city itself.  For the  description of such worlks would be inconsistent
mlndinae  were  originally market-days for the  with the plan of this work, but some notice of
country-folk, on which they came to Rome to sell them  is required by the fact that several of them
the produce of their labour, and on which the king  were transported to Rome under the emperors.
settled the legal  disputes among them.  When, Atomiantis Marcellinus (xvii. 4) says "that an
therefore, we reaLd that the nundinae were feriae, obelisk is a very rough stone in the shape of a kind
or dies nefsssti, and that no comitia were allowed  of land-msark or boundary stone, rising with a small
to be held, we have to understand this of the po-  inclination on all sides to a great height; and in
pullus, and not of the plebs; and while for the  order that it may imitate a solar ray by a gradual
poputlus the nundinae were feriae, they were real  diminution of its bulk, it terminates in a prolongadays of business (dies fasti or coiniticules) for the  tion of four faces united in a sharp point.  It is
plebeians, who on these occasions pleaded their  very careffilly smoothed."  Most ancient writers
causes with members of their own order, and held  consider obelisks as emblematic of the sun's rays.
their public meetings (the ancient comitia of the  (Comp. Plin. 1-1. N. xxxvi. 14.)
plebeians) asld debates on such matters as con-    An obelisk is properly a single block of stone,
cerned their own order, or to discuss which they  cut into a quadrilateral form, the sides of which
were invited by the senate. (Dionys. vii. 58B; Ma-  diminish gradually, but almost imperceptibly from
crob. 1. c.; Plin. I. A. xviii. 3; Festus, s. v. Nun- the base to the top of the shaft, but do not termidinas; compare Niebuhr, Hist. of Ronme, vol. ii. p. nate in an apex upon the top, which is crowned
213.)  How long this distisnction existed that the  by a small pyramid, consisting of four sides termilnuldinae were nefasti for the patricians and fasti nating in a point.  The Egyptian obelislks were
for the plebeians, is not quite clear. In the law of mostly made of the red granite of Syene, from
the Twelve Tables they appear to have been re-  which place they were carried to the different parts
garded as fasti for both orders (Gellius, xx. 1. of Egypt.  They were generally placed in pairs sat
~ 49), though, according to Granius Licinianus  the entrance to a temple, and occasionally il the
tap-. 3lltierob. 1. c.), this change was introduced at a  interior, and were usually covered with hieroglylater time by the Lex 1Hortensia, 286 B. c.  This  phical inscriptions.
innovation, whenever it was introduced, facilitated  Obelisks were first transported to Rome under
the attendance of the plebeians at the comitia cen-  Augustus, who caused one to be erected in the
turiataL.  In the ancient calendaria, therefore, the  Circus and another in the Campus Martius. (Plin.
nundisnae and dies fasti coincide.  The subjects  xxxvi. 14.)  The former was restored in 1589,
to be laid before the comitia, whether they were  and is called at present the Flaminian obelisk.
proposals for new  laws or the appointment of Its whole height is about 116 feet, and without
officers, were announced to the people three nun-  the base about 78 feet. The obelisk in the Campus
dillae beforehand (trinunzdiino die propeonere, Ma-  Martius was set up by Auigstus as  a sun-dial.  It
crob. 1. c.; Cic. ad Fari. xvi. 12, Philip. v. 3, piro  stands at present on the Monte Citorio, where it
Doemo, 16; Liv. iii. 35.)                           was placed in 1792.  Its whole height is about
The nulndinae being thus at all times days of 110 feet, and without the base about 71 feet.
business for the plebeianls (at first exclusively for  Another obelisk was brought to Rome by Casligula,
tlhem, and afterwards for the patricians also), the  and placed on the Vatican in the Circus of Caliproceedings of the tribunes of the people were con-  gula. (Plin. xxxvi. 15, xvi. 76. ~ 2.)  It standils
fined to these days, and it was nlecessary that they  at presenlt in front of St. Peter's, where it was
should be terminated in one day, that is, if a proposition did not come to a decision in one day it    * IHerodotus (ii. 111) uses  goeXos in the sense
-was lost, and if it was to be brought again before  of an obelisk.




OBLIGATIONES                                       OBLIGATIONES.                 817
placed in 1586, and its whole height is about 132  the fiacts on which the law operated to give Obfeet, and without the base and modern ornaments  ligationes a binding force, Obligationes arose from
at top about 83 feet.  But the largest obelisk at  Contract and Quasi Contract, and Delict (moealeftRome is that which was originally transported  cilum, delicluaz), and Quasi delict. (Inst. 3. tit. 13.)
from Heliopolis to Alexandria by Constantine, and  This division of Obligationes with respect to their
conveyed to Rome by his son Constantius, who  origin was a.pparently viewed as exhaustive; though
placed it in the Circus Maxlmus. (Amm. Mlarc.  it is doubtful whether the Roman jurists really
xvii. 4.)  Its present position is before the north  viewed every obligatio as included with one of
portico of the Lateran church, where it was placed  these four divisions.  For instance, it is doubtful
in 1588.  Its whole height is about 14.9 feet, and  whether the actio ad exhibendum was considered
without the base about 105 feet.                   as an obligatio quasi ex contractu, or an obligatio
There are eight other obelisks at Rome besides  quasi ex delicto.  Gains divides Obligationes into
those mentioned above, but none of them  are of these: ex contractu and ex delicto; but he intends
historical importance.  There are also obelisks in  to comprehend the obligationes quasi ex contractu
v-arious other places, as at Constantinople, Arles,  under those ex contractu, and obligationes quasi
Florence, Catana in Sicily, &c., some of which are  ex delicto unnder those ex delicto.  In his Aurca
works of Egyptian art, and others only imitations.  (Dig. 44. tit. 7. s. 1) he distributes obligationes as
There are two small obelisks in the British  to their origin into obligationes ex contractn, ex
iMuseum, which were brought by the French from   delicto, and ex variis causarum figuris; and the ex
Cairo. The preceding brief account is chiefly taken  variis causarum  figuris comprehends the oblirafrom  Long's Elgytiaa Anfiquities, vol. i. cc. 14, tiones quasi ex contractil and quasi ex delicto; in15. London, 12mno. 1832.                           deed the term is comprehensive enough to compreOBLIGATIO'NES. Obligatio is defined (Inst. hend all others, whatever they may be.
3. tit. 13) to be " a bond of law by which we are    Contract (contract2s) was made in four waysunder a necessity of releasillg (soleedtue) some-  Re, Verbis, Litteris, and Consensu.
thing accordingr to the laws of our state."  Ac-    As an example of an obligatio Re, Gains mentions
cording to Paulus (Dig. 44. tit. 7. s. 3) the sub-  Mutuln   [MuTv'um].  Also, if a man received
stance of an obligtio does not consist in this, that what was not due from  a person who payed by
its object is to make any corporeal thing (corpus)  mistake, the payer had his remedy for the recoverv
or servitus ours, but that it shall bind another per-  (condictio indebiti) just as if it were a case of
son to give us something, or to do something, or  Mutuum.  But "this kind of obligation," observes
to secure or make good something (ad dasclzdue   Gaius (iii. 91), "does not appear to arise front
aliqrid, ved fscieoduzs, vel praestandumal ).  This  contract, because be t ho gives with the intention
"binding" is a "legal bindilg," that is, the party  of payment, rather intends to dissolve or put an
who fails to perform whTlat he has engaged to do, end to (distraherle) a transaction (ewotiasm), than
is liable to legal compulsion; in other words, the  to commence or to constitute (contrah/ere) a transduty which he owes may be enforced by ssit or action."
action.  The duty must consist in something that    To the contracts made Re, there also belong
has a pecuniary value, or may be estimated in  CoaMaMnODATum, DEPOSITUM, and PIGNUs.
money (Dig. 40. tit. 7. s. 9. ~ 2): if the duty is not    The Obligatio Verbis -was contracted by oral
capable of such estimation, it is not a duty which  question and answer between the parties.  The
can be enforced by legal process.  An agreement form of words might be:-Dare Spondes? Spondeo
which cannot be enforced because it is not con-  (Sponden'tu istud?  Spondeo. Plaut. (Atpt. iv. 2.
formable to the principles of Roman Law, is not  117.)  Dabis?  Dabo; Promittis?   Prolritto;
properly an obligatio, but still the Romans gave  Fidepromittis? Fidepromitto; Fidejubes? Fidesuch agreement the name of Obligatio, when it jubeo; Facies? Faciasm. The vords Dare Spondes?
was conformable to the principles of the Jus Gern-  Spondeo, were so peculiarly Roman that their legal
tium, and added the term  Naturalis, by which it effect could not be preserved, if their ameaning was
is opposed to Civilis and Praetoria or I-Ionoraria,  transferred into another language: nor could a
Obligationes Civiles were those which produced a  valid obligatio with a peregrinus be made by the
right of action accordinlg to the Jus Civile; Prae- use of the word Spondeo. (Gaius, iii. 93, 179.)
toriae or TIonorariae were those which owed their  The evidence of such an obligatio must have been
force to the jurisdiction of the Praetor.  In the  the presence of witnesses. (Cic. pro Rosec. Cosn. 5.)
wider sense Civiles Obligationes comprehend Hono-    It is to this form of contract by question and
rariae, inasmuch as the Edicta magistratuum be-  answer (ex isteltrogatione e! responsione) that the
long to Jis Civile in its wider sense.  [Jus.]  terms "stipulari" and "stipulatio" refer.  The'I'his is the, sense of Civiles when opposed to Na-  word "stipulari" properly refers to him who asks
turales Obligationes: Civiles  Obligationes have  the question: si quis ita dari stipuletur; Post morthe  narrower sense when Civiles, Hlonorariae, ten  meam  dari spondes; vel ita, Cum morieris,
and Naturales are opposed among one another. spondes?  The person who asked the question was
Those obligationes, which were viewed as based  Stipulator; he tho answered the question was
on the Naturalis Ratio, were peculiarly consi-  Promissor, and he was said Spondere. (Gaius, iii.
dered as bonae fidei; and such obligationes were  100, 105; Dig. 45. tit. 1. s. 113. De Verborun,
the foundation of bonae fidei actiones, of which  Obibgatiozibus.)   Sometimes the whole form  of
the Roman Law recognised a limited number, as  words which comprises the question and the anelmti et venditi actiones; locati et conducti actio; swer, is comprehended in the term Stipulatio (Dig.,mandati, negotiorum  gestorum, tutelae actiones; 45. tit. 1. s. 5. ~ 1), and the participle " Stipulata "
commodati actio, and some others.   The term  is sometimes used in a passive sense.  (Cic. pro
sstrict2ut jats (Cod. 5. tit. 13) is opposed to bona  Rose. Corn. 5.)
fides; and stricti juris actiones are opposed to    A stipulatio which contained an impossible conbonne fidei actiones.  Viewed with reference to  dition was invalid (inutilis). As the Stipulatio wa
3



818           OBLIGATIONES.                                       OBLIGATIONES.
effected by words, it was a necessary consequence  debtor (gypdqenE tSs.a'ra brphs adi-bV) to ask his
that the parties should have power to speakl and  consent to the old obligation being made into a
hear, and on this ground was founded the rule of new one of a different kind, and by the debtor
law that a mutus and a surdus could not be parties  consenting.  As stated by him the Obligatio Lito a Stipulatio.  As to the ability of Pupilli and  teris might be an obligatio contracted by a letter
Infantes with respect to Obligationes, see IMPIMES  of the creditor to the debtor and the debtor's reply.
and INFANS.  The Stipulator might have another  In principle there would be no objection to its
party to the contract on his behalf, who was called  being contracted by the debtor's consent expressed
Adstipulator.   The Adstipulator had the same  by a subscription in the creditor's books.  The
right of action as the Stipulator, and therefore -a  Literarum Obligatio of Theophilus, however, rather
payment in respect of the Stipulatio could be made  seems to correspond to the other kinds of Literato him as well as to the Stipulator; and the Stipu-  rum  Obligatio referred to by Gains (iii. 134),
lator had an actio Mandati against the Adstipulator  where he says " this obligation can be contracted
for the recovery of any thing that he had received. by chirographa and syngrpha, that is, if a man
There were some peculiarities in the Adstipula-  writes that he owes a sum of money or will pay it;
tio.  The right of action did not pass to the heres  provided, however, there be no stipulatio on the
of the Adstipulator, and the adstipulatio  of a  same account."  It is not impossible that Gaius
slave for his master had no effect, though in all meanrs that the creditor might convert an obligacases lie could acquire for his master by stipulatio. tion of another kind into that of pecunia expensa
The same rule of law appeared to apply to him who  by the bare entry of it in his book; for it is no
was In Mancipio, for he was servi loco.  If a son  objection to this, as Unterholzner has it, "c that a
whoV  was in the power of his father, became his  unilateral writing on the part of the creditor should
Adstipulator, he did not acquire any thing for his  have the effect of putting another person under an
father, though he acquired for him  by stipulatio. obligatio," for an obligatio was already contracted,
Still his adstipulatio gave the son a right of action, which the creditor would have to prove, but if he
provided he was released from  the father's power could prove it, the law gave him all the advantage
without a capitis deminutio, as for instance by the  of a creditor for pecnnia certa, if he had complied
father's death or by being inaugurated Flamen  with certain  forms.  Gains (iii. 137) certainly
Dialis.  The same rule of law applied to a filia- may be understood as asserting that this obligatio
familias and to a wife in mann.                    was contracted simply " expensum  ferendo:" but
Those who were bound for the Promissor were  it seems to be the general opinion that this Litecalled  Sponsores, Fidepromissores, Fidejussores  rarum Obligatio required the consent of the debtor
[INTERCESSiO].                                     either orally in the presence of witnesses or by
The Obligatio Literis is illustrated by Gaius  letter (Cic. pro Rose. Conl. 5; Val. Max. viii. 2.
(iii. 128) by the instance of Nomina transcripticia, ~ 2); and this is not inconsistent with Gaiuss, for
as when a creditor who has a debt due from  a  though he says that the debtor is bound by the
person in respect of a sale, or a letting, or a part-  " expensum  ferendo," that does not exclude his
nership, enters it in his book (codices, or ttabulae  consent, but merely shows what is necessary in
expensi et atccepti) as a debt (expensumz  ilsi tert:  order to make the consent an obligatio literis.
compare Cic. pro Rose. Cos7s. 4,5; eosensu  tsulisse    The Obligationes Consensu were Emtio and
non dicit, cure tabulas non recitat). This was called  Venditio, Locatio Condcluctio, Societas, Mandatunm.
Nomen transcripticium a re in personam,  It was  All Obligationes by contract of course required
called transcriptio a persona in personam, when, for consent and the evidence of consent; but "these
instance, " I have entered as due from you the debt obligationes," says Gaius (iii. 135), "are said to
which Titins owes to me, that is, if Titius has  be contracted consensu, because no peculiar form of
transferred or assigned (deleyavit) you to me."    words or writing was required, but the consent of
Cicero clearly alludes to this Literarum Obliga-  the parties to the transaction was sufficient."  Actlo in his Oration pro Roscio Co7moedo.  He says  cordingly such transactions could take place be(c. 5), speaking of the plaintiff's demand: " his  tween persons at a distance from one another, but
claim is for a certain sum of nloney (pecsnzia certa), a verborum obligatio required the presence of the
and this must be either' data' (a case of obligatio  parties. The actions founded on these Obligationes
re), or'expensa lata' (the Literarum Obligatio), consensu were Bonae fidei.
or stipulata (an obligatio \Verbis)."                An Obligatio Civilis implies a right of action
Some difficulty arises about the mode of con-  against the person who owes the duty (qui obverting an obligation of a different kind into an  ligatur).  This right of action (excontrclctu) might
Obligatio Literis.  The subject is discussed by  be acquired by any person who was sui juris.  It
Unterholzner (Ueber die RedI   des Cicerofiir den  might also be acquired for him by those who were
Sceauspieler Q. Roscise% Zeitschrift, vol. i. p. 248) in  in his Potestas, Manus, anld Mancipium; and by
an Ingenious essay, which, however, was written  free men and slaves whom  a man possessed bona
before the publication of the MS. of Gaius; and it fide, with certain exceptions.  This right of action
has since been discussed by himself and by other might also be acquired by a man through the acts
writers.  Unterhol 2ner conjectured that a third  of a free man who was his agent, so far that he
party, with the consent of the debtor and creditor, could require the cession of the obligatio so acmade the entry in his own books; but there is no  quired.
evidence in support of this assumption. Theophilus    An Obligatio was tettiintated (tollitur) in vari(Ad. tit. 1. De Lit. Obtig.) represents the Literarum  ous ways.  The most common way was by payObligat'i. as a Novatio or a change of an obligation  ment (solutio) of what was due.  A uman with the
of one kind into an obligation of another kind, consent of the creditor might pay another's debt,
and this he says was effected both by words and  but the two schools differed as to the legal consewriting (puasct tal ypaiujaaoOi).  It was effected, quence of such payment.  The Proculiani as usual
hceordinig- to him, by the creditor writing to the  adherirg strictly to fundamental principles main



OBLIGATIONES.                                       OBLIGATIONES.                  819
tamled that the debtor was still under his obligatio, from Contracts, Gaius (iii. 182) passes to the con.
but if the money was demanded of him  by the  sideration of Obligationes "quae ex delicto oricreditor he had a good plea of dolus malus (exceptio  untur;" and these delicts which are the founddoll nzali).                                        ation of these obligatiolies, are FURTUM, BONA
An obligatio  might be terminated by Accepti-  RAPTA or RAPINa, DAMNUva and INJURIA. All
latio.  An obligatio contracted per aes et libram  these obligationes he considers to be comprised in
migaht be determined in the same way, and also  one genus, whereas the obligationes ex contractu
one arising, " ex judicati causa."  [NExvun.]  An  are distributed into four genera.
obligatio might also be determined by Novatio,    The arrangement by the Roman jurists of Obliwhich is the change of an existing duty (debitoe1)  gationes ex delicto with Obligationes ex contractu,
into another obligation, and the determination of was founded on tile circumstance that both classes
the former obligation.  (Dig. 46. tit. 2. De Nova-  of Obligationes were the foundation of rights against
tionibls et Deleyationzibus.)  This is explained by  a determinate individual or determinate indivithe following instance (Gaius, iii. 176): -  If I  duals; but there is an important difference in the
stipulate that Titius shall give me what is due  origin of the two rights.  The rights ex contractu
from  you, a new obligatio arises by tile interven. are rights founded on lawful acts; and rights ex
tion of a new person, and the former obligation is  delicto are rights founded on infringements of other
determined by being replaced by the latter; and  rights.
sometimes a former obligatio may be determined        The Obligationes quasi ex contractu are not
by a subsequent stipulatio, though the subsequent enumenated by Gains, but they are discussed in
stipulatio may be invalid.- If the stipulation was  the Institutes of Justinian (3. tit. 27).  These
from the same person, it required the addition of Obligationes do not properly arise either from consomlething to effect a Novatio, as the addition of a  tract or delict, but inasmuch as they are founded
condition, or a sponsor, or the circumstance of on acts, which are not delicts, they were considered
adding to or subtracting from the tinle contained in  as belonging to contract rather than to delict.  Inthe terms of the covenant.  As to the case of a  stances of these quasi contracts, enumerated in the
condition, it was the law in the time of Gaius that Institutes, are " absentis negotiorum gestio " [NEthere was no Novatio until the condition was ful-  cOTImOasR       GESTORUM  ACTIO], the'"tutelae jufilled, and till that time the fornmer obligatio con-  dicium," a " communis res sine societate," as when
tinued.  The opinion of the great jurist Servius  a thing has been bequeathed and given to several
Sulpicias as to the addition of a condition imnse- persons; and some other instances.
diately effecting a Novatio, was not lahw in the    These quasi contracts are arranged in the Institime of Gains (alioju'e utimur').                  tutes of Justinian after Obligationes ex contractu;
An obligatio was also determined by the Litis  and the Obligationes quasi ex delicto are placed
contestatio, if the proceedings had taken place in, a  immediately  after the Obligationes ex  delicto.
Iegitimaum judicium.  It is stated generally under  Instances of these Obligationes quasi ex delicto,
the articles Litis contestatio and Legitimum judi-  enumerated in the Institutes (4. tit. 5), are, "si
ciumr, what is the import of these terms respec- judex litem  suam  fecerit," and the case of "detively. The originalol)ligation (piincipalisobligatio)  jectum effusumve," and others.  [DEaJECTI, &C.]
was determined by the Litis contestatio, and the    The nature of an Obligatio may now be more
defendant (reiss) was then bound (teneturs) by the  clearly  understood.  An  Obligatio  implies two
Litis centestatio.  If he was condemned, the Litis  subjects or persons at least, creditor; or he who
contestatio ceased to have any effect, and he was  has the right, and debitor. or he who oowes the
bound by the judgment (ex causajszdircai).  It was  duty: these two terms, which strictly apply to
a consequence of these doctrines that after a Litis  creditor sand debtor in the common sense, are also
contestatio in a Legitimam jutdicium, a man could  used to express generally the relation of the parties
not bring his action on the original contract, for if to an Obligatio.  Obligatio (literally a binding)
his declaration or demand was Dari mihi oportere, primarily denotes the facts by which the legal
it was bad (izztilis), for aftter the Litis contestatio  relation between the parties is established.  It
the Dari oportere hlad ceased.  In the case of a  also denotes the duty or obligation owing by one
Judicium  quod imperio continetur, the obligatio  of the parties to the contract (debitor) to the other
existed and the action could be brought, but the  party (creditor), if the obligatio is unilateral; and
gemand might be answere'd by a; plea (exceptio)  the duties mutually owing from  the one to the
of a res jldicata or iln judicinm  deducta.  In the  other, if the obligatio is bilateral.  The word,
jadicia qmae imperios   &c., the exceptio rei judi  which, as opposed to obligatio  or "binding," excatae corresponds to the condeumnatio in the Legi-  presses the  determination  of such binding, is
tima judicia,  and the Ecxceptio rei in judicium   " s;ttio;` and genoe aly some form of the word
deductae to the Litis contestatio.   (Keller, Ueber  "solvo " is the appropriate term  to express the
Litis  ontesiolaion, p. 11, &c.; Gaius, iii. 180.)  legal! termination of the obligatio.  But inasmuch
Obligationes arising from  Contract passed by  as duties owing by one party to the contract, or
universal succession to the heres.  There were no  duties mutually owing by the parties to the conmeans of transferring Obligationes from the credi- tract, imply a right in the other party to the contor to another person, exceut by a Novatio, which  tract, or imply mutual rights in thile parties to the
was effected by the assignee stipulating with the  contract, the word obligatio is often used to express
debitor with the consent of the creditor, the effect also the right which is established by the obligatio:
of which was to release the debitor from his former and it is also used to expr'ess the whole relation
Obligatio and to bind him  by a new one.  If this  between debitor and creditor.  Thus, the right of
novatio was not effected, the assignee could only  the Creditor is spoken of as his Obligatio, and the
sue as the cognitor or procurator of the assignor, duty of the Debitor as his Obligatio.  There is no
and not in his own name.  (Gaius, ii. 38, &c.)    special namie in the Roman law for a right against
From the consideration of Obligationes arising  a deteriminaite person or determinate persons. The
3 G 2




820            OBLIGA-TION ES.                                     OBLIGATION ES.
name for ownership is ]Dominium, to which is op-  between the parties, is Convenytio, Pactio, Pacturn
posed the name Obligaxtiones as descriptive -of rights  Conventunm, and its essence is consent: "convenagainst determinate persons.                        tionis verbum generale est, ad onmnia pertinens, de
It is correctly remarked (Austin, An Outline of quibus negotii contrahendi transigendique causa
a course of Lectures on General Jurisprudence)  consentiunt, qui inter se agunt."  (Dir. 2. tit..' that in the writings of the Roman lawyers, the  14.) Conlventiones were jnris gentium, and as a
terns obligatio is never applied to a duty which  genus were divisible into species.  Those Conven.
answers to a right in ren," that is, a right which  tiones which were reducible to certain classes were
is good against all the world.  But as the duty  calied Contractus, of which the Jus Civile acknowanswerihg to a right in rein is only the duty of ledged the four kinds already mentioned, Re,
f)rbearance, that is, of not doing anything to inter-  Verbis, Literis and Consensu.  Of those Obligafere with the right, there is no inconvenience in the  tiones which were established Re, the four which
vant of a name: the right to the exclusive enjoy-  have been already mentioned, had special names,
ment of any thing (corpus) is ownership; all other  Mutuum, Commodatum, Depositum  and Piglnus,
people are not owners: as soon as an act is done  and accordingly they have been called by modern
which is an infringement of an owner's right, or in  writers Contractus Nominati.  But there were
other words a delictum  (in one sense in which the  other Obligationes which were established  Re,
Rlomans use this word) an obligation arises by  for which the Romans had no particular name,
force of such act (obligfatio ex delicto) and gives  and accordingly they have been called by modern
the injured person a right of action against the  writers Contractus Innominati.
wrong-doer.                                           These obligationes are founded upon something
A  contractus required the consent of all the  that has been given or done by one party, which
parties to it.  Those Obligationes which were said  gives him a claim against the other for something
to be founded on "consent" (consensus) were said  to be given or done in return.  If the matter of
to be so founded only because consent rwas sufi-  the conventio was a civ le negotium or had a civilis
cient (Gaius, iii. 136), and no peculiar form  of  cansa, it forned an obligatio, and was a foundwords or expression was required; whereas in the  ation of an action "praescriptis verbis " or " in
Obligationes  contracted  " re,"  " verbis,"  and  fectum;" or as it is clearly expressed by Julian
" literis," certain acts, words, or writing were re-  (Dig. 19. tit. 5. De p?aescriptis  veclis, &c.), this is
quired.  In those contracts where particular forms  the actio "ad quam necesse est confugere, quoties,were not required in order to convert them  into  contractus existunt, quorum  appellationes nullae
Obligationes, any words or acts were sufficient, jure civili proditae sunt."  All the events upon
which were evidence of consent.  Constraint by  which these actions could arise were reduced to
force or threats (vis, s2nettus), and fraud (dolecs),  the four following heads:  "aut do tibi ut des. aut
and in many cases error (error,. iyoroantia), either  do ut facias, anut facio ut des, ant facio ut facias."
render an agreement absolutely  ill, or give the  (Paulus, Dig. 19. tit. 5. s. 5. ~ 1-4.)  The bare
party who has been constrained5 deceived, or in  agreement (pactulm) both in nominate and innoerror, various modes of defence against the claims  rinate contracts is not sufficient to establisll an
of the other party.                                 obligatio: in both cases some act must be done to
An Obligatio, as already observed, supposes two  make the agreement become a contract, and to
persons at lea'st.  But there nmay be more than  establish  an obligatio.  The nominate contracts
two parties to an Obligatio, either as creditores or  have their particular names.  The innominate condebitores or both, all of whom  are comnprehended  tracts take the name of contracts from  their reu.nder the general narnme of Rei.  (Cic. de Or. ii.  semblance to nominate contracts; but as they are
43.)  With reference to a person who is under  not referable to any one of such contracts, they
the same obligatio, a person may be called Cor-  are formed into a separate class: still some of them
reus.  But when there are several parties to an  have special names.  These contracts, as it will
obligatio, there are properly several CObligationes,  appeal'fiom the description just given of them, have
and this is the case whether the creditor is one  their foundation in an act (a giving or doing) by
and the debitores are several-, or the creditores  one of the parties, and so far resemble contracts Re.
are several and the debitor is one, or both the  The transaction is not completed so long as a thing
creditores and debitores -are several.  In the ob-  remains to be given or done by the debiter; and
ligatio pro rata, the claims of the several creditores,  the creditor may have his action (condictio) for the
or the duties of the several debitores, are deter-  recovery of a thing which he has given, and for
ainmate parts of a whole, which is made up by the  which the debtor has not made the return (a giving
parts being united in one formal obligatio.  There  or an act) agreed upon.  The creditor has also his
are cases when several creditores may claim  the  action generally (praescripZis velris) for the perwhole (solidcum), or several debitores may owe  forilance of the contract, if he prefers that, or for
the whole (soliduzn): where a creditor claims the  compensation to the amount of the injury sustained
whole against several lebitores, there are in fact  by its non-perfornance.
ssveral obligationes binding on the several debi-    All other conventiones were simply Pacta, the
tores. But if one creditor has recovered the whole,  characteristic of which is that they were not orior one debtor has paid the whole, the entire Ob-  ginally the foundation of actions, but only of pleas
ligatio is at an end.  (Inst. 3. tit. 16 (17).)     or answers (exceptiones); that is, if tan agreement
If an obligatio is unilateral, it only gives a right  (conieeuio, paciio) could not be i'eferied to some
of action to one of the parties to it, as in the case  class of contracts, it did not give a fight of action.
of Mutuum, Stipulatio, and others; if it is bila-  When there was ro civilis causa, there was no
teral, it gives a right to each party against the  civilis obligatio created by such conventio, and it
other, as emtio venditio, and locatio conductio.    is added (Dig. 2. tit. 14. s. 7. ~ 4), " therefore a
The most general name for any agreement, the  luda pactio does not produce an obligatio but an
object of which was to establish legal relations  exceptio;" whence it follows that a nnda pactio




OBLIGATIONES.                                       OCIILOCRATIA.                   821
is a pactins sine causa.  Sometimes Nuda con. when there was a causa, as a promise made with
ventie is used as equivalent to Nuda  pactio. (Dig. reference to a dignity (honor) conferred or to be
15. tit. 5. s. 15.)  It is a mistake to say that Pac-  conferred.  A  pollicitatio  sine  cause was also
tmn by itself means a one-sided contract. Pactum   obligattory, if the person began to do what be had
is a term  as general as conventio (pactum a pac-  promised, as if he laid the foundation of a btildinf
tione -  est autenz pactio duorcum plur iuemve in idem   or cleared the ground. (See Plin. iEp. x. 48. Huic
placitum  consensus, Dig. 2. tit. 14. s. 1), and is a  theatro ex privatorume  pollieitationibuzs  2mbta adepart of all contracts as conventio is.  There might bentur; and v. 12.)
be a Pactuna  or Pactio relating to marriage, the     A person who vowed anything, was also bound
establishment of a servitus in provincial lands  (voto oblicgatus).
(Gaius, ii. 31), and other matters.  Batt Pactum      (Gaius, iii. 88, &e.; Inst. 3. tit. 12 (13), 4. 6;
as included in the law of Obligationes, obtained a  Dig. 47. tit. 7, Cod. 4. tit. 10, De Obligationibus
limited signification; and it was used to signify  et Action2ibus; Miihlenbruch, Doctrina Pandecagreements not included among the Contractus, but  atuznz, lib. iii. De Obliyationibus.  The most cormstill binding agree-neIlts as being founded on some  plete work on Roman Obligationes is by Untercausa. A pactumn therefore mnight produce a naturalis  holzner, QuellensLsiissiye zuscasmsenstellung dele lekro
obligatio.  Some of these pacta were in course of des R6}nlzschen Reehts von den Schsuldverhliltnissen,
tihe made the foundation of an actio civilis, and  Leipzig, 1840, 2 vols. 8vo.;  see also Thibaut,
some were protected by the Praetor: ait Praetor:  Pandektenreelct; Vangerowv  Psmedekten, &c.;Puchta,
" Pacta coinventa quae neque dolo malo neque  Inst. vol. iii.)                              [G. L.]
adversus leges plebiscita senatus-consulta edicta    O'BOLUS  (~oXo's), the smallest of the four
decreta principum neque quo franls cui eorum  fiat principal denominations of weight and money
facta erunt servabo."  (Dig. 2. tit. 14. s. 7.)  The  among the Greeks, was 1-6th of the drachma,
parties to a Pactum  were said " pacisci.'"  Any-  1-600th of the mina, and 1-36,000th of the talent.
thing might be the subject of a "pactum." which  As a coin, the obolus was of silver.; and condid not involve an illegality.  If an illegal pactunl nected with it, at least in the Attic system, were
was made, it was still illegal, though it had been  silver coins weighing respectively 5, 4, 3, 2, 1l
confirmned by a stipulatio or any other form.  The  obols, and a, 7, and I of an obol; all which are
matter relating to Pacta is not arranged in the  found in collections of coins.  The 1I  obol piece
Digest under the head of Obligationes et Actiones  was a quarter of a drachm.  The Attic obol was
(Dig. 44. tit. 7), but in the same book with the  also divided into 8 (or according to others 10)
titles De Jurisdictione, &c.                        XaNKo?. (See PONDERA; NuaImIUS; DkACHMA.;
Savigny shows that the notion of Agreement,  CHALCUS; and the Tables.)                    [P. S.]
(vertrag), is too nalTowly conceived by jurists in     OBSIDIONA'LIS CORONA.  [CORONA.]
general.  He defines agreement to be the " union      OBSO'NIUM.  [OPSONIUM.]
of several persons in one concordant declaration of    OCCUPA'TIO.  The word is used by Cicero
will whereby their legal relations are determined."  (de Off. i. 7) to express the acquisition of ownerConsequently the notion of agreement must be ex- ship by occupation or the taking possession of that.
tended to other things than to contracts which pro-  which has no owner, and with the intention of
duce obligationes: for instance Traditio or delivery  keeping it as one's own.  Among the modes of
is characterized by all the marinks of an agreement; acquiring ownership " naturali ratione," that is, by
and the fact that the declaration of their will by  such means as are in all nations acknowledged to
the parties to the traditio, is insufficient to effect be lawful means of acquiring ownership, Gaius (ii.
Traditio without the external act by which pos- 66, &c.) enlumerates the taking possession of those
session is acquired, does not in the least affect the  things quae nullius sunt, as animals of the chace,
essence of the agreemleIlt.  The imperfect concep-  birds and fishes, and such things are said "oction of an agreement has arisen from not separating  cupantis fieri."  The same applies to the finding of
in some cases the obligatory agreement from  those  things which have no owner; but there were paracts for which such obligatory agreement is gene- ticular rules as to thesaurus, treasure found in the
rally a preparation and of which it is an accompani- ground. (Inst. 2. tit. 1. s. 39; Dig. 49. tit. 14. s. 3.
ament.  This becomes more apparent if we consider  ~ 10; and Gaius, ii. 7). The latest legislation about
the case of a gift, which is a real agreement but Thesaurus is in Cod. 10. tit. 15.  Things which
without any obligation: it is merely a giving and  were lost or thrown out of a ship in case of nereceiving by mutual consent.  This general notion  cessity were not subject to Occupatio.   Things
of agreement is contained in the words of Ulpian  taken in war were subject to Occupatio. (Inst. 2.
already quoted, in which he defines Pactio to be  tit. 1. s. 17; Dig. 41. tit. 1. de acquisendo srersus
" duorumi pluriumve," &c.  It does not seem how- doezinzio.)                                [G. L.J
ever that the Romans applied the terms Pactio,    OCI1LOCRA'TIA (yXotcpanr/a); the dominion
Pactum, and Conventio to any agreements except of the rabble, a name of later origin than the time
those which were the foundation of Obligationes  of Aristotle, and applied to that perversion of a
of some kind.  (Savigny, System des Hleut. RM;,  democracy, in which, through the introduction of
Rceel/ts, iii. ~ 140, &c.)                          devices for removing or counteracting the natural
Pollicitatio is a proffer or offer on the part of a  and wholesome inequalities of society (such as
person who is willing to agree (pollicitiatio ofei:rentis  paying citizens for attendance in the popular assolias promeissunm, Dig. 50. tit. 12. s. 3).  A  pol-  sembly and on other occasions on which their
licitatio of course created no obligatio until the  civic functions might be exercised, increasing'the:
proffer or offer was accepted.  The word is fre-  number and restricting the duration anld authority:
quently used with reference to promises made by a  of public offic.s), the exercise of aill the highest
person to a state, city, or other body politic, such  functions of government came to be practically in
as the promise to erect a building, to exhibit public  the hands of a mere faction, consisting of the low —
shows, &c.  Such pollicitationes were binding, est and poorest, thought most numerous, class'of
36 3




822                OCREA.                                           ODEUJM.
citizens, who were thus tempted to adopt as one  his minuteness in describing some of their parts,
of their ordinary avocations, that lwhich they would  especially the ankle-rings, which were sometimes
otherwise have left in more suitable hands. (Polyb. of silver. (Hom. II. iii. 331, xi. 18.) The modern
vi. 4; Plunt. de ]Monareh. &c., c. 3; Thirlwall, Greeks and Albanians wear greaves, in form reHist. of Greece, c. x. vol. i. p. 410.)  [C. P. M.]    sembling those of their ancestors, but made of
O'CREA  (K'cv/eS), a greave, a leggin.  A pair softer materials, such as velvet, ornamented with
of greaves (icvtrne7es) was one of the six articles of gold, and fastened with hooks and eyes.
armour which formed the complete equipment of a    Among the Romans, greaves made of bronze,
Greek or Etruscan warrior [ARM.A], and likewise  and richly embossed, were worn by the gladiators.
of a Roman soldier as fixed by Servius Tullius.  Some such have been found at Pompeii.  [See
(Liv. i. 43.) They were made of bronze (Alcaeus, woodcut, p. 576.  It appears that in the time of
Frag. i. ed. Matthiae), of brass (Hes. Scut. 122), the emperors, greaves were not entirely laid aside
of tin (Hom. II. xviii. 612, xxi. 592), or of silver as part of the armour of the soldiers.  (Lamprid.
and gold (Virg. Aen. vii. 634, viii. 624, xi. 488), Al. Sever. 40.)  At an earlier period, the heavywith a lining probably of leather, felt, or cloth. armed wore a single greave on the right leg.
Another method of fitting them to the leg so as not (Veget. de Re 2Mkil. i. 20.)  Leggins of ox-hide or
to hurt it, was by the interposition of that kind of strong leather, probably of the form already desponge which was also used for the lining of scribed and designated by the same names both in
helmets [GALEA], and which Aristotle describes  Greek and Latin, were worn by agricultural laas being remarkable for thinness, density, and firm- bourers (Hom. Od. xxiv. 228; Plin. I. N. xix. 7 
ness.  The greaves, lined with these materials, as  Pallad. de Re Rust. i. 43) and by huntsmen. (Her.
they were fitted with great exactness to the leg, Sat. ii. 3. 234.)                    [J. Y.]
probably required, in many cases, no other fasten-    OCTASTY'LOS.  [TExIPLUuM.]
ing than their own elasticity. Often, nevertheless,    OCTA'VAE.  [VECTriALIA.]
they were further secured by two straps, as may    OCTOBER EQUUS.  [PALII.IA.]
be seen in the woodcut at p. 135.  Their form and    OCTO'PHORON.  [LEcTICA.]
appearance will be best understood from  the ac-    ODE'UM  (3beorv), a species of public buildcompanying woodcut.  The upper figure is that of ing, which was first erected during the flourishing
a fallen warrior represented among the sculptures, epoch of Greek art in the fifth century P. c., for
now at Munich, belonging to the temple in Aegina. contests in vocal and instrumental music (roeros
In consequence of the bending of the knees, the'v 1 oi PIa/cplol cal o'  KOLap.lol leyYCV10VTe0,
greaves are seen to project a little above them. Hesych. s. v., comp. Suid. s. v.).  In its gen ral
This statue also shows very distinctly the ankle-  form and arrangements it was very simnilar to the
rings (4i7ritmpta), which were used to fasten the  theatre; and it is sometimes called  iEarpov.'
greaves immediately above the feet.  The lower  (Paus. i. 8, ii. 3; Philostr. Vit. Sobph. ii. 1. p.
portion of the same woodcut represents the interior  549.)  There were, however, some characteristic
view of a bronze shield and a pair of bronze greaves,  differences: the Odeum  was much smaller than
which were found by Signor Campanari in the  the theatre; and it was roofed over, in order
to retain the sound. (Vitruv. v. 9.)  The comparatively small size of the Odeum is easily accounted for, not only because the space required
in the theatre for the evolutions of the Chorus Wias
not wanted here; but also because it appears to
have been originally designed chiefly for musical
rehearsals, in subordination to the great choral
performances in the theatre, and consequently a
much smaller space was required for the audience.
Unfortunately we have no detailed description
of this class of buildings.  Vitruvius (I. c.) manues
a passing mention of the Odeum of Pericles, but
states no particulars respecting its construction, except that it was adorned with stone pillars, and
roofed over with the masts and yards of the captured Persian ships, a statement which has led
some writers into the mistake of referring the
building to the time of Themistocles. From  the
statement of Pausanias (i. 20. ~ 4) that, when the
Odeum was rebuilt, after its burning in the captu lre of Athens by Sulla, it was made of a:form
which was said to be in imitation of the tent of
Xerxes, it may perhaps be inferred that the original building was actually covered with that tent.
At all events, this statement proves that the roof
must have been conical.  Accordingly Plutarch,
who states that the original buildings was an
tomb of an Etruscan warrior, and which are now  imitation of the king's tent, describes its roof as
preserved in the British Museum.  These greaves
are made right and left.                            * See, respecting the precise meaning of the
That the Greeks took great delight in handsome  words, the note on p. 83, a.
and convenient greaves may be inferred from the    + Perhaps he confounded it with the one which
epithet ehc,3/ye76eS, as used by Homer, and from  was standing in his time.




zOI U Sii.                                           OLEA.                    823
slopp2ng all round, and inclined from  one sunmlit    The other principal Odea were that of Corinth,'(Peric. 13).  He also says that, in its internal  also built by Ierodes (Palls. ii. 3. ~ 6; Philost.
arrangement, the building had many seats and  1. c.); that of Patrae, which was next in magnifimany pillars.  From  a few other passages, and  cence to that of I1erodes at Athens, and contained.
from the scanty remains of such edifices, we may  among other worlis of art, a celebrated statue of
conclude further that the Odeum had an orchestra  Apollo (Paus. vii. 20. ~ 6); those of Smyrna and
for the chorus and a stage for the musicians (of Tralles already mentioned; that of Messene, 112
less depth than the stage of the theatre), behind  feet long, and 93 feet in its inner diameter; that
which were rooms, which were probably used for of Nicopolis, with an inner diameter equal to the
keeping the dresses and vessels, and ornaments  last, but with an outer diameter of 193 feet: there
required for religious processions.  Of course the  are also ruins of Odea at Laodicea, Ephesus, AneOdeum required no shifting scenes; but the wall murium, and other places in Asia Minor.  (See
at the back of the stage seems to have been per-  Chandler, Pococke, Beanufort's Caraslania, Leake,
manently  decorated  with  paintings.  For ex- and other topographers.)
ample, Vitruvius tells us (vii. 5. ~ 5), that, in the    The first Odeum, properly so called, at Rome,
small theatre at Tralles (which was doubtless an  was built by Domitian (Suet. Domn. 5; Eutrop.
Odeum), Apaturius of Alabanda painted the scena  viii. 13), and the second by Trajan.  (Amm.
with a composition so fantastic that he was corm-  Marc. xvi. 10.) There are ruins of such buildings
pelled to remove it, and to correct it according to  in the villa of Hadrian at Tivoli, at Pompeii, and
the truth of natural objects. Among the paintings  at Catana.
in the Odeurn at Smyrna was a Grace, ascribed    As a general fact, the Odea were less strictly
to Apelles. (Paus. ix. 35. ~ 6.)  The Odea of reserved for their special use than the theatres.
later times were richly decorated.  That of He-  Some of the extra uses, to which the Odeum  of
rodes Atticus had its roof of beams of cedar  Pericles was applied, have been already menadorned with carvings, and contained numerous  tioned.  It was also used sometimes as a court of
works of art. (Philost. ii. 1. p. 551.)            justice  (Aristoph. Vesp. 1104, c. Sch/ol., comp.
The earliest building of this kind was that al-  Pollux, viii. 6); and philosophical disputations
ready mentioned as erected by Pericles at Athens, were held in the Odea.  (Plut. de Exsil. p. 604.)
for the purpose, according to Plutarch (I. c.) of Further details will be found in the following
celebrating the musical contests at the Panathe-  works.  (Martini, Ueber die Odeen; Stieglitz,
naea.  It lay on the left hand to persons coming  Arehol. d. Baukunst, vol. ii. sect. 3; Hirt, Lehlre
out of the great theatre, and therefore at the foot d. Gebiiude, pp. 111-113; Rose, iiber die Odeen
of the south-eastern part of the Acropolis. (Vitruv. in Athen, Romo,?z. IKartlago,     Soest, 1831, 4to;
v. 9.)'Its proximity to the theatre suggested  Miiller, Arch. d.  unzst, ~ 289; Klalsen, in Ersch
some of the uses made of it, namely, as a refuge  and Gruber's Enc.yklophidie; Baumstark, in the
for the audience when driven out of the theatre  Real E, yccloop. d. class. Alterthsum7.)  [P. S.]
by rain, and also as a place in which the chorus    OECUS.  [Domvs, p. 428, b.]
could be prepared. (Vitruv. 1. c.)  It was burnt    OENTOMELUM.  [VINuM.]
when Athens was taken by Sulla, B.c. 85, and was    OENO'PHORUM   (ovo'(popov), a basket, or
restored by Ariobarzanes II. king of Cappadocia; other contrivance for carrying bottles of wine I a
wno employed C. and M. Stallius and Menalip-  wine-basket.  This was sometimes used by those
pus as the architects of the work.  Ariobarzanes  who took their own wine with them in travelling
reigned from B.C. 63 to about B. C. C. 51. (Vitrnv. in order to avoid the necessity of purchasing it on
1. c.; Paus. i. 20. ~ 4; Appian. Bell. ls/th. 38; the read.  (Hor. Sal i. 6. 109; Juv. St. vii. 11;
Blbckh, Coap. izser. vol. i. No. 357.)  The build-  Pers. Sat. v. 140; Mart. vi. 88.)  A slave, called
ilng is now entirely destroyed.                    the wine-bearer (oenophorus, Plin. H. N. xxxiv. 8.
This was not the only Odeum at Athens in the  s. 19), carried it probably on his back. [J. Y.]
time of Hadrian and the Antonines.  Pausanias,    OFFENDIX.  [APEX.]
who in the passage referred to, does not apply the    OFFICIA'LES.  [EXERCITUS, p. 508, b.]
name of Odeum  to the building, speaks of an    OFFI'CIUM   ADMISSIO'NUM.  [AD:MISOdeum at Athens in two other passages (i. 8. ~ 6, SIoNAIIS.]
14. ~ 1), from a close exmnination of which it ap-    Of'KIAS  DIKE  (oslran  ire), an action to
pears more than doubtful whether this Odeum is  recover a house, in which (as in any other action
the same as the former.  Stieglitz (p. 228, foll.)  where property was the subject of litigation) the
identifies it with the Pnyx, which he supposes to  dicasts decided (ie8iKaaerev) to which of the parties
have been fitted up as an Odeumn, while that of the house belonged, and adjudged it to him  (Ire-.
Pericles was in ruins. It is remarkable that Pau-  Scgaone).  Nothing further being requisite, the
sanias nowhere mentions the Pnyx, unless this  suit was an a&vilrm-oe &?yv,  Certain speeches of
Odeum be the same as it.                           Lysias, Isaeus, and Hyperides, which are now lost,
Another Odeum  was built at Athens by He-  were upon this subject.  The oieras 3uemC was only
rodes Atticus, and was the most magnificent edi-  to iecover the house itself; the by-gone rents, or
fice of the sort in the whole empire.  It stood, as  mesne profits, were recoverable in an action called
compared with the Odeum  of Pericles, on the  EvoiKgon 8icKq.  [See ENOIrIOU DItE.,]  (Meier,
opposite side of the great theatre, under the south-  Att. Proc. p. 492.)               [C. R. K.]
western part of the Acropolis; where large ruins    O'LEA, OLI'VA  (E'iala); O'LEUM, OLI'of it are still seen.  The length  of its largest  VUM   (Ehaaov);  OLE'TUMI, OLIVE'TUM
diameter was 248 feet, and it is calculated to have  (iealcwv).
furnished accommodation for aboult 8000 persons.    The importance of the olive was recognised from
(Leake, Topoyr. of Aithens, p. 61.)  This building  the most remote period of antiquity, in all civilised
was erected after Pausanias wrote his first book, and  countries where the temperature admitted of its
before he wrote his seventh.  (Paus. vii. 20. ~ 3.)  cultivation; and it was widely adopted as Ad
3G4




824                  OLEA.                                                OLEA.
emblem of industry and peace.  While it yieldsa  ground was selected for this purpose, freely exlarge supply of palatable and highly nutritious  posed to the sun and air, and in which the soil was
food, it requires less outlay and less attention than  a rich black mould.  It was the practice to trench
almost any other fruit tree, is subject to few casu- (pastizsare) this to the depth of three feet, and
alties, and, even if altogether neglected, does not then to lcave it to crumble down under the influence
suffer serious injury, but may be quickly restored  of the atmosphere.
to fertility by moderate care.  Hence, the honour    The propagation of the olive was effected in
paid to it at Athens, and hence the title of " prinma  various ways.
omnium arborum " bestowed upon it by Columella.    1. The method generally adopted  was to fix
VARIETIES, The Olea Europea is the only spe- upon the most productive trees, and to select from
ies of the natural family of Oleaceae, which yields  these long, young, healthy branches (sramos nothe highly valued olive oil, but many varieties are  vellos) of such a thickness as to Ie easily embraced
produced by different modes of culture, and by pecu- by  the hand.  The branches immediately after
liarities of soil and climate. Columella enumerates  being detached fromn the parent stem, were sawed
ten, and this number may be considerably increased  into lengths of a foot and a half each, great care
fromn the works of other ancient writers.  The fol- being taken not to injure the bark; these seglowing seem to have been the most important: —  ments, which were called taleae or clavolec ortrunci
i. Psausia s. Posea; 2. Regicn; 3. Orschis s. Or-  were then tapered to a point at each end with
chitis s. Orclitat s. Orchas; 4. Radius; 5. Licinia  a knife, the two extremities were slneared with
s. Liciniana; 6. Serqia s. Serianca.  Of these the  dung and ashes, they were buried upright in the
Pasusia, according to Columella, was the most ground, so that the tops were a few fingers' breadth
pleasant in flavour (jucundissimnzus), although upon  below  the surface, and each tcale  was placed as
this point he is apparently contradicted by Virgil nearly as possible in the same position, both ver(amnara IsausiCa baccc); the Reyic  was the hand-  tically and laterally,  as the branch had occupied
somest in appearance; while both of these together upon the tree.  During the first year, the ground
with the Orclsis and the Radius, and in general, all was frequently loosened by the sarculum;    when
the larger varieties, were better suited for eating  the young roots (radiculae seszi2usnm) had taken a
than for oil.  The Licinia, on the other hand, firm  hold, heavy hand-rakes (rastra) were emyielded the finest oil, the Sesqica, the greatest quan- ployed for the same purpose, and in the heat of
tity.  (Cat. R. R. 7; Varr. R. R. 7; ColumelI. v. sumnmer water was regularly supplied.  For two
8, de A-rbor. 17; Plin. H. N. xv. 6.)              years no pruning was resorted to, but in the third
SOIL AND CLIMATE. The soil considered most year the whole of the shoots (ras1nldi), with the
congenial was a rich tenacious clay, or a mixture  exception of two, were lopped off; in the fourth
of clay and sand, a gravelly subsoil being essential year, the weaker of the remaining two was dein either case to carry off the water.  Deep fat tached, and in tile fifth year the young trees
mould was found to be not unsuitable, but any  (arbtlscuelae) were fit for being transplanted (habiles
land which retained moisture was avoided, and transslationi).  This latter operation was best per:
also light, stony ground, for, althoungh the trees did  formed in autumn where the ground to which they
not die in the latter, they never became vigorous. were conveyed was dry, but if it was moist and
lHere again, however, Columella and Virgil are at rich, in spring, a short time before the buds were
variance, for while the former observes'cinimicus formed.  In the field which they were to occupy
est ager sabulo macer et nuda glarea," the poet permanently, pits (scrobes) four feet every way
declares                                            were prepared, if practicable, a year beforehand,
Difficiles primurn  terrae collesque maligni,  
Difficiles primum torsos collesqule muligniso that the earth usight be thoroughly pulverised;
Tenuis ubi argilla et dumosis calculus arvis   small stones and gravel mixed with mould were
~Palladi~~a 0audent  silvca vivacis olivae.    placed at the bottom  to the depth of a few inches;
and some grains of barley were scattered  over
The olive is very impatient of frost, and scarcely  all.  Tile young tree was lifted  with as large
any of the varieties known to the ancients would  a ball of earth as possible attached to the roots,
flourish in very hot or very cold situations.  In hot placed in the pit surrounded with a little manulre,
localities, it was expedient to form the plantations and planted so as to occupy precisely the same
on the side of a hill facing the north, in cold  position, in relation to the cardinal points, as in the
localities upon a southern slope.  Neither a very  nursery.  Ini rich corn land, the space left between
lofty nor a very low position was appropriate, but each row was at least sixty feet, and between each
gentle rolling eminences such as characterised the tree in the row forty feet, in order that the branches
country of the Sabines in Italy, and tlhe district of and roots might have full space to spread, but in
Baetica in Spain.  Under ordinary circumstances, poorer soil twenty-five fe: t, each way, were cona western exposure lying well open to the sun was sidered sufficient.  The rows were arranged so as
preferred.  It is asserted by severalclassical authors to run from  east to west, in order that the cool
that the olive will not live, or, at least, not prove  breezes might sweep freely down the open spaces
fruitful at a distance from the sea coast greater in summer.  After the trees had become firmly
than from thirty to fifty miles, and although ex- fixed, and had been pruned up into a proper shape,
ceptions  did and do exist to this rule it will be that is, into a single stem kept without branches to
found to accord with general experience.  (Cat. the height of the tallest ox, the labour attending
R.R. 7; Varr. i. 24; Columella, v. 8; Plin. I. NV. upon an olive yard was comparatively trifling,
xvii. 3; Pallad. iii. 18; Theophr. 7r. sp. a. ii. 5; Every year, the soil around the roots was loosened
Geopon. ix. 4.)                                     with hoes (bidens), or with the plough, the roots
PROPAGATION  AND  CULTURE.  Previous to  themselves laid bare (ablaqueare, ablaqueatio), the
the formation of an olive yard (oletzumz, olivetumn) it young suckers cut away, and the lichens scraped
was necessary to lay out a nursery (seminaias-ie) fronl the bark; every third. year, in autumn, manure:for the reception of the young plants.  A piece of was thrown  in; every eighth year the trees were




OLIEA.                                              OLEA.                     825pruned.  The system of culture here indicated was  oil was employed for a variety -of purposes, but
followed so generally that it had become embodied  chiefly
in a proverb "Veteris proverbii memninisse con-          a. As an article of food.
venit, emn qui aret olivetum, rogare fructum; qui       /. For anointing the body, and in this case
stercoret, exorare; qui caedat, cogere." (Columell.        was frequently made a vehicle for perfumes
v. 9. ~ 15.)  Besides this, the whole surface of           (unguenta).
the ground was regularly ploughed at the usual           y. For burning in lamps.
seasons, and cropped in alternate years, the manure   PRESERVING  OLIVES.   (Condere oleas, oliapplied for these  crops being altogether inde-  varum coadizlrcl, conditio.)
pendent of that supplied to the trees specially.    Olives might be preserved  in various ways,
Moreover, since olives bore fruit, in abundance at  either when unripe (albae, acerbue), or ripe (nigrae);
least, only once in two years, matters were so ar-  or half-ripe (variae,fitsecae).
ranged that the land should yield a crop in those    Green olives, the Pausia being used principally
years when the trees were unproductive.             for this purpose, were preserved in strong brine
2. A  second method of propagation was to cut  (s2zeuria), according to the modern practice, or they
the roots of wild olives into small pieces in such  were beaten together into a mass, steeped in water
a manner that each should contain an eye or rudi-  which was frequently changed, then pressed and
ment of a lateral fibre (sradiczum oculis silvestrium  thrown with salt into a jar of vinegar, to which
olearun  lhortulos excolesre), and these pieces were  various spices or flavouring condiments were added,
treated precisely in the same manner as the taleae  especially the seeds of the Pistachia Lentiscus, or
described above.                                    Gum Mastich tree, and fennel. Sometimes, instead
3. A third method is indicated by Virgil in the  of vinegar, inspissated must (sapa, defzutusm), or
lines                                               sweet wine ( passuar ) or honey were employed, in
Quin et cudicibs sects miraile dictu, which case the olives were preserved sweet, and
Tuint et cudsicco  radix olea ils a li nosometimes salt pickle, vinegar, must and oil, seem
Truditur  e sicco radix oleagina lign0,        to have been all mixed together.
-, 0   9         to ha-e been all mixed together.
and is still pursued in some parts of Italy, where,    Half-ripe olives (and here again the Peusia was
as we are told, "an old tree is hewn down and the  the favourite ) were picked with their stalks and
stock cut into pieces of nearly the size and shape  covered over in a jar with the best oil.  In this
of a mushroom, and which from that circumstance  manner they retained the flavour of the fresh fruit
are called novoli; care at the same time is taken  for more than a year.
that a small portion of bark shall belong to each     Ripe olives, especially the orelcilis, were sprinkled
novolo. These, afterhaving  been dipped in manure,  with salt, and left untouched for five days, the salt
are put into the earth, soon throw  up shoots, are  was then shaken off, and they were dried in the
transplanted at the end of one year, and in three  sun.  Or they were preserved sweet in defrutunm
years are fit to form an olive yard."               without salt.
Grafting or budding (inseesre, insitio, oculos in-    The peculiar preparation called Epiyiyrum2 was
serere) were also resorted to for the purpose of in-  made by taking olives in any of the three stages,
troducing fine varieties or of rendering barren trees  extracting the stones, chopping up the pulp and
fruitful.  (Cat. R. R. 40, 42, 43, 45; Varr. R. R.  throwing the fragments into a jar with oil, vinegar,
i. 40; Columell. v. 9, De Arbor. 17; Plin. IT. N.  coriander seeds, cumin, fennel, rue and mint, the
xviii. 19. s. 30; Pallad. iii. 8, 18, x. 1, xi. 8; quantity of oil being sufficient to cover up the coul-:
Geopon. ix. 5, 6, &c.; Blunt's Vestiges of Ancient pound and exclude the air.  In fact, it was an oli-ve
Ilanrners, &c., in Italy, p. 215.)                  salad, and, as the name imports, eaten with cheese.
OLIVE GATHERING  (Oleitas, Olivilas).  The  (Cat. R. R. 11] 7, 118, 119; Varr. R. R. i. 60;
olive usually comes to maturity, in Italy, about the  Co!umell. xii. 49; Geopon. ix. 3, 32.)
middle or latter end of December, but, according to    OIL MAKING (Oleu?7 conficere).  The fruit of
the views of the proprietors, it was gathered  in  the olive tree consists of two parts, the pulpy
various stages of its progress, either while yet green  pericarp (caro), and the stone (nucleus).
(alba), or when changing colour (van-ia), or when    The caro or pulp yielded two fluids: one of
fully ripe (sigsa), but it was considered highly  these of a watery consistence, larkl in colour, bitter
desirable that it should never be allowed to re- to the taste, flowed from the olive upon very slight
main so long as to filt of its own accord.  The  pressure; it was called a&p-pym?  by the Greeks,
fruit was picked as dar as possible with the bare  Aslmrca by the Latins, and was extensively used as
hand, but such as could not be reached from the  a manure and for a great number of purposes con-:
ground or by the aid of ladders was beaten down  nected with domestic economy.  The other fluids
with long reeds, which were preferred to sticks as  which flowed from  the pulp, when subjected to
less likely to injure the basrk of the branches and  more forcible pressure, was the oil (olezm, olivue),:
the young bearers, a want of attention to this pre-  mingled however to a certain extent with amurca
caution on the part of the gatherers (leguli) being  and other impurities (f'aces, fleeces), and this was
in the opinion of Varro the cause why olive trees  of different qualities, according to the state of the
so seldom  yielded a full crop for two years con-  fruit, and the amount of pressure.  The finest oil:
secutively.  (Varr. R. R. i. 55; Plin. LH.. xv. 3. was made from  the fruit before it was fully ripe,
s. 6; Geopon. ix. 17.)                              and from  this circumstance, or from  its greenish
DIFFERENT USES. The fruit (bacca) of the olive  colour, was termed  Oleuns viride, and  by the
was for the most part employed for one of two pur-  Greeks gmpcpdcKtvov: the quantity given out was how-,
poses.                                              ever small, and hence the remark of Cato, Qmualsa
1. It was eaten as a fruit, either fresh, pickled, acerbissima  olea ole2um7 facies trns oleusm  optinmum7s
or preserved in various ways..  erit: domino de amatura olea oleumz fieri maximon.
2. It was pressed so as to yield the oil and  expediet.
other juices which it contained.  And again, the    A distinction is made by ColumelIa, between the,




826                 OLEA.                                          OLIGARCHIA..oil obtained from the fruit when green (o/leum acer-    After a moderate force had been applied to the
bum  s. aestiwvm), when half ripe (oleumn vi7ide),  press, and a considerable quantity of oil had flowed
and when fully ripe (oleum maturunm), and while  forth, the bruised cake (sampsa) was taken out of
he considers the manufacture of the first as inex-  the bags, mixed with a little salt, replaced and
pedient, in consequence of the scanty produce, he  subjected to the action of the press a second, and
strongly recommends the proprietor to make as  again a third time.  The oil first obtained (oleum
much as possible of the second, because the quantity  primae pressurae) was the finest, and in proportion
yielded was considerable, and the price so high, as  as additional force was applied by the press-men
almost to double his receipts.                     (factores, torcularii), the quality became gradually
Under ordinary circumstances, the ripe fruit worse (longe suelioris saporis quod snminre vi preli
when gathered was carefully cleaned, and conveyed  quasi liMiviumL defluxerit).  Hence, the product of
in baskets to the farm house, where it was placed  each pressing was kept distinct, the marketable
in heaps upon sloping wooden floors (in tabulato), value of each being very different (plunrinumz refert
in order that a portion of the anrurca might flow  non rziscere iterationes uzlltoquce minus tertiationzem
out, and a slight fermentation takes place (ult ibi cu2n  prima pressura).  The lowest quality of all
mediocriter fracescat), which rendered them more  (oleum cibariumn) was made from olives which had
tender and more productive, and exactly the same  been partially damaged by vermin, or which had
system  is pursued for the same reason in modern  fallen from the trees in bad weather into the mud,
times. The gatherings of each day (coactura unius-  so that it became necessary to wash them in warm
citjusque diei) were kept separate, and great care was  water before they could be used.
taken to leave them in this state for a very limited    The quantity of fruit thrown at one time into the
period, for if the masses heated, the oil soon be   press varied from 120 to 160 modii, according to
came rancid (Olea lecta si niuizzum diu fJuit ins acer- the capacity of the vessels: this quantity was termed
vis, caldore fiacescit, el oleu2cn foetidum z fit).  If, Factus, the amount of oil obtained from one factus
therefore, circumstances did not allow  of the oil was called Hostus, but these words are not unfrebeing made soon after the fruit was gathered, the  quently confounded.  (Cat. R. R. 7, 64, 65, 66;
olives were spread out and exposed to the air so as  Varr. R. R. i. 24, 55; Columell. xii. 52   Plihn.
to check any tendency towards decomposition.  It H. N. xv. 3. 6, 7; Geopon. ix. 17.)   [W. R.]
is the neglect of these rules and precautions which   OLIGA'RCI-IA  (ioWyapXia), the governsment
lenders the oil now made in Spain so offensive, for of a fzew, is a ternm, the application of which by
there the olives are frequently allowed to remain  writers on political science is less wide than its
in cellars for months before they are used. Although  etymological signification might have warranted.
both ancient and modern experience are upon the  (See Polyb. vi. 4; Arist. Pol. iv. 3, from whom
whole in favour of a slight fermentation, Cato, we learn that some writers used Oligarchia as a
whose great practical knowledge entitles him  to  generic name, including Aristocratia as one of its
respect, strongly recommends that it should be  species.) It is shown elsewhere [AaIsTOCRATIA]
altogether dispensed with, and affirms that the  under what conditions the limitation of political
oil would be both more abundant in quantity and  power to a portion of the community was regarded
superior in quality:  " Quam  citissime conficies  as a proper and regular constitution (bpO  7oroxrLTefa,
maxime expediet."                                  Arist. Pol. iii. 4, iv. 2.)  The term Oligaerchia was
The olives when considered to be in a proper applied to that perversion (rap'fKCaols) of an Arisstate were placed  in bags or flexible baskets  tocratia into which the latter passed, when, owing
(fiscis), and were then subjected to the action of a  to the rise of the demnus [DEMaocATIA], and the
machine consisting partly of a bruising and partly  vanishing of those substantial grounds of pre-emiof a squeezing apparatus, which was constructed in  nence which rendered an Aristocratia not unjust,
various ways, and designated by various names:  the rule of the dominant portion of the community
Trapetnum, AIola olearia, Canalis et Solea, Torcular, ceased to be the exponent of the general interests
Prelusz, Tudicula.  The oil as it issued forth was  of the state, and became the ascendancy of a facreceived in a leaden pot (cortina plumbea), placed  tion, whose efforts were directed chiefly towards
in the cistern (lacus) below the press.  From the  their own aggrandisement and the maintenance of
cortina it was ladled out by an assistant (capula/tor), their own power and privileges (Arist. I.c. c. Et.
with a large flat spoon (conciha), first into one vat Nicosm. viii. 12   Polyb. vi. 8. ~ 4).  The pre(labruumfictile), and then into another, thirty being  servation of power under such circumstances of
placed in a row for this purpose.  It was allowed  course depended chiefly upon the possession of
to rest for a while in each, and the operation was  superior wealth and the other appliances of wealth
repeated again and again (oleumnlfequenter capiant)  which were its concomitants.  Thus it came to be
until the amurca and all impurities had been com- regarded as essentially characteristic of an oligarpletely removed.  In cold weather when the oil chy, thattthe main distinction between the dominant
remained in union with the amurca notwithstanding  fiction and the subject portion of the community
these transferences, the separation was effected by  was the possession of greater wealth on the part of
mixing a little parched salt with the combined  the former.  Hence the term  Oligar1clia would
fluids, but when the cold was very intense, dry  not have been applied, if a small section of the
carbonate of soda (nit/crumz) was found to answer  community, consisting of poor persons, by any
better.  The oil was finally poured into jars (dolta  means got the reins of gov ernment into their hands.
olearia), which had been previously thoroughly  (Arist. P'ol. iv. 3, 8ouors p, /Eo-rnLv brav ol iie6Oe.
cleaned and seasoned, and glazed with wax or gum  poLt IcVpioe   onl, oAlyapXia BE e-rav of orAooalol.
to prevent absorption, the lids (opercula) were  A little further on he says: oAryapXiaet  E o'rTa
carefully secured, and they were then delivered to  or  rAiXo-soo cial. evYEV'ETrepoi, OiWyoa  ba'es, s:Kptio
the overseer (custos) by whom  they were stored  7~rs a&pxes en'V.  Comp. iv. 6; P.at. de Rep. viii.
up in the vault reserved for their reception (cella  pp. 550, c. 553, a.) The case of the wealthy portion
olearia).                                          beinlg also the more numerous would be a very




OLLA.                                              OLLA.                    827
rare exception. Their dominion, of course, would
not be an oligarchy; but neither would it be a
democracy (Arist. Pol. iv. 3). When an aristocracy passed in the natural development of society
into an oligarchy, the oligarchs would, of course,
be high born as well as rich.  But high birth was
not an essential condition. It very commonly happeried that the oligarchs were themselves only a sec- I
tion of the old nobility, having excluded the poorer
menlbers of their order from the possession of power.
Aristotle (Pol. iv..5) distinguishes various species of oligarchy:-  1. Where a certain large
amount of property is the only requisite for being
a member of the ruling class: 2. Where the property qualification is not large, but the members
of the government themselves supply any vacancies
that may occur in their ranks by electing others to
fill them: 3. Where the son succeeds to the power
of his father: 4. Where, besides this being the
case, the rulers govern according to no fixed laws,
but arbitrarily.  (Comp. Plat. l'olit. pp. 301, 302.)
The first kind, especially when the rl11m71a was
not extravagantly high, so that a considerable
number shared political power, though only a few
of them  might be eligible to the highest offices,
was sometimes called rquoecpaTria (Arist. Etla. Nic.
viii. 12; Xenophon, Meme. iv. 6. ~ 12, uses the
term 7rXovrolcpara; Plato, deRep. viii. p. 547, d.,
uses the term rLuotcpaTia in a different sense).
It approximates closely to the rwoT~-ELa, and hence    The preceding woodcut is taken from a vase in
Aristotle (Pol. iv. 11) calls it XLryapXIa 7roXrmTlmcI. the British Museum, which was found at Canino
Elsvwhere (Etlh. NVic. 1. c.) he identifies it with  in Etruria.  The painting upon it represents the
the 7roNXlTea.                                     story of Medea boiling an old ram with a view to
These general divisions of course admitted of persuade the daughters of Pelias to put him  to
various modifications; and the distribution of the  death.  (Ovid, AIet. vii. 318-321; Hygin. Pab.
functions of government might be such as to create  24.) The pot has a round bottom, and is supported
an oligarchy within an oligarchy.  To this species  by a tripod under which is a large fire.  The ram,
of oligarchy, the name 6vvaOTrela was sometimes  restored to youth, is just in the act of leaping out
applied.  (Arist. Pol. v. 2. 5; Thuc. iii. 62, iv. of the pot.  Instead of being supported by a sepa78; Xen. Ilellen. v. 4. ~ 46.)                     rate tripod, the vessel was sometimes made with
The term Aristocratia is not unfrequently ap-  the feet all in one piece, and it was then called in
plied to what the more careful distinctions of the  Greek Trprovsu [TRaPOS], XvTpO7rous (Hes. Op. et
writers on political science would term Oligarcliea.  Dies, 748; Schol. in Soph. Aj. 1405), and 7rvptlr(Comlp. Thuc. iii. 82; Xen. Hellen. v. 2. ~ 7;   arar7s.
Aristoph. Av. 125.)                                  Besides being placed upon the fire in order to
Besides the authorities quoted above, the reader  boil water or cook victuals, the ancients used pots
may consult Wachsmuth, Hellenische Alterthums-  to carry fire, just as is now done by the modern
kiunde, ~~ 36, 44, 47, 63, 64; Hermann, Lehrbuecl  inhabitants of Greece, Italy, and Sicily.  (Xen.
der Gr/iech. Staatsaltesthilsner, ~~ 58-61; Thirl-  Hellen. iv. 5. ~ 4.)  Theyalso used small pots conwall, Hist. ofGreece, vol. i. ch. 10.  [C. P. Mi.]  taining fire and pitch to annoy the enemy in sieges
OLLA, cuat. AULA  (Plant. Aulul. passimz), by throwing them from slings and military engines.
dim. OLLULA  (XEsj~s'; XrTpoeS  Xv-P, dim.    Ollae were also used to hold solids and keep
XVTPIs ), a vessel of any material, round and plain, them in store, while amphorae rendered the same
and having a wide mouth; a pot; a jar.           service in regard to liquids. [AMPHIORA.] Thus
B.:sides being made of earthenware (Antiphanes  grapes were kept in jars as at present. (Columell.
ap. At/sen. x. 70;  aorpaKclvq, testacea) and bronze  R.R. xii. 43.) Although pots were commonly made
(XakXc~, aenea, Aesop. Fab. 329; Cato, de Re Rust. solely with a view to utility, and were therefore
81; aenumr, Ovid. Met. vii. 318-321; XAir/s destitute of ornament and without handles, yet
Xaxtceos,  Herod. i. 48), the ancients also made  they were  sometimes made with two handles
these vessels of different kinds of stone, which  (8i1'roi) like amphorae; and, when they were well
were turned upon the lathe.  At Pleurs, a village  turned upon the wheel, well baked, smooth and
near Chiavenna to the north of the Lake of Como, neat, and so large as to hold six congii ( —41 galthe manufacture of vessels from the potstone found Ions nearly), they were, as we learn from  Plato
in a neighbouring mountain is still carried on, and  (Hipp.Mil1cj. pp. 153,154, ed. Heindorf),considered
has probably existed there from the time of Pliny, very beautiful.
who makes express mention of it (/I:. N. xxxvi.    Pots were used, as with us, in gardening. (Cato,
22. s. 44).  Some of these vessels are nearly two  de Re Rust. 51.)  The custom  of placing flowerfeet in diameter, and, being adapted to bear the  pots in windows is mentioned by Martial (xi. 19.
fire, are used for cooking.  (Oculis observare ollran  1, 2).  A flower-pot, about six inches high and
pultis, ne aduratur, Varro, cp. Non. Ma1rcell. p. 543. suited to this application, was found among the
ed. Merceri; Festus, s. v. A ulas.)                ruins of Aldborough, the ancient Isurium, and is




82i              OLYMPIA.                                            OLYMPI A.
preserved by A. Lawson Esq., the owner of that ancient writers, however, attribute the institution:
place.                                             of the games to I-eracles, the son of Amphiitryon
Another very remarkable use of these vessels of (Apollod. ii. 7. ~ 2; Diod. iv. 14; compare Strabo,
earthenware among the Greeks was to put infants  viii. p. 355), while others represent Atreus as their
into them  to be exposed (Apistoph. Ran. 1188; founder. (Vell. Pat. i. 8; *Hermann, Pal. Ant. ~
Schol. ad loc.; Moeris, s. v.'EyuvTrpiubs), or to  23. n. 10.)
be carried anywhere.  (Aristoph. Tliessn. 512-       Strabo (viii. pp. 354,355) rejects all theselegends,
516; Schol. ad loc.)  Hence the exposure of chil- and says that the festival was first instituted after
dren was called?yXv rpi(peLv (HIesych. s. v.), and  the return of the Heraclidae to the Peloponnesus
the miserable women who practised it eiyxurpi-  by the Aetolians, who united themselves with the
~Tpta.  (Suidas, s. v.)                            Eleans.  It is impossible to say what credit is to be
In monumental inscriptions the term olla is fre- given to the ancient traditions respecting the inquently applied to the pots which were used to re-  stitution of the festival; but they appear to show
ceive the ashes of the slaves or inferior members of that religious festivals had  been celebrated at
a family, and which were either exposed to view  Olympia from the earliest times, and it is difficult
in the niches of the columbarium, or immured  to conceive that the Peloponnesians and the other
in such a manner as to show the lid only.  Some  Greeks would have attached such importance to
good specimens of cinerary ollae are preserved in  this festival, unless Olympia had long been rethe British Museum in a small apartment so con- garded as a hallowed site.  The first historical fact
structed as to exhibit accurately the manler of connected with the Olympian Games is their rearranging them.  (See above, p. 561; and nume- vival by Iphitus, king of Elis, who is said to have
rous plates in Bartoli's Anticlhi Sepolcri.)       accomplished it with the assistance of Lycurgus,
The lid of the olla was called e7riOl1ga and  the Spartan lawgiver, and Cleosthenes of Pisa; and
ope-csiluan.  It generally corresponded in the mra- the names of Iphitus and Lycurgus were inscribed
terial and the style of ornament with the olla itself. on a disc in commemoration of the event; which disc
(Herod. i. 48; Col. 1. c.)            [J. Y.]    Palsanias saw in the temple of Hera at Olympia.
OLY'MPIA   (X/ujmA7rta), usually  called  the  (Paus. v.4. ~ 4, v. 20. ~1; Plut. yec.1.23.) Itwoeuld
Olympic games, the greatest of the national fes-  appear from this tradition, as Thirlwall (Hist. of
tivals of the Greeks.  It was celebrated st Olym-  Greece, ii. p. 386) has remarked, that Sparta conpia in Elis, the name given to a small plain to the  curred with the two states most interested in the
west of Pisa, which was bounded on the north and  establishment of the festival, and mainly contrinorth-east by the mountains Cronius and Olympus, buted to procure the consent of the other Peloponon the south by the river Alpheus, and on the  nesians.  The celebration of the festival may have
west by the Cladeus, which flows into the Alpheus. been discontinued in consequence of the troubles
Olympia does not appear to have been a town, but consequent upon the Dorian invasion, and we are
rather a collection of temples and public buildings, told that Iphitus was commanded by the Delphic
the description of which does not come within the  oracle to revive it as a remedy for intestine complan of this work.                                 motions and for pestilence, with which Greece was
The origin of the Olympic Gaines is buried in  then afflicted.  Iphitus thereupon  induced the
obscurity.  The legends of the Elean priests attri-  Eleans to sacrifice to Heracles, whom  they had
buted the institution of the festival to the Idaean  formerly regarded as an enemy, and from this time
Heracles, and referred it to the time of Crones. Ac-  the games were regularly celebrated. (Pais. 1. c.)
cording to their account, Rhea committed her new-  Different dates are assigned to Iphitus by ancient
born Zeus to the Idaean Dactyli, also called Cure-  writers, some placing his revival of the Olympiad
tes, of whom five brothers, Heracles, Paeonaeus, at B. C. 884, and others, as Callimachus, at B. c.
Epimedes, Iasius, and Idas, came from  Ida in  828. (Clinton, Fast. Hell. p. 409. t.)  The interval
Crete, to Olympia, where a temple had been erected  of four years between each celebration of the
to Cronos by the men of the golden age; and  festival was called can Olympiad; but the OlymHeracles the eldest conquered his brothers in a  piads were not employed as a chronological aera
foot-race, and was crowned with the wild olive- till the victory of Coroebus in the foot-race B. C.
tree.  Heracles hereupon established a contest, 776. [OLYvMPiAS.]
which was to be celebrated every five years, be-    The most important point in the renewal of the
cause he and his brothers were five in number.  festival by Iphitus was the establishment of the
(Paus. v. 7. ~ 4.) Fifty years after Deucalion's flood  E'ceXeXpia, or sacred armistice, the formula for prothey said that Clymenus, the son of Cardis, a de-  claiming which was inscribed in a circle on the
scendant of the Idaean Heracles, came firom Crete, disc mentioned  above.  The proclamation was
and celebrated the festival; but that Endymion, made by peace-heralds ((rrrov8orpdpoL), first in Elis
the son of Aethlius, deprived Clymenus of the  and afterwards in the other parts of Greece; it put
sovereignty, and offered the kingdom  as a prize to  a stop to all warfare for the month in which the
his sons in the foot-race; that a generation after games were celebrated, and which was called
Endymion the festival was celebrated by Pelops to. IEpoelm'ia.  The territory of Elis itself was conthe honour of the Olympian Zeus; that when the  sidered especially sacred during its continuance,
sons of Pelops were scattered through Pelopon-  and no armed force could enter it without incurnesus, Amythaon, the son of Cretheus and a rela- ring the guilt of sacrilege.  When the Spartans on
tion of Endymion, celebrated it; that to him suc- one occasion sent forces against the fortress Phyrceeded  Pelias and  Neleus in conjunction, then  cumn and Lepreum  during the existence of the
Augreas, and at last Heracles, the son of Amphi-  Olympic truce (E'v ra?'OA;Mu rit mcas   o-roroas),
tryon, after the taking of Elis.  Afterwards Oxy-  they were fined by the Eleans, according to the
Ius is mentioned as presiding over the games, and  Olympic lawv, 2000 minae, being two for eacls
then they are said to have been discontinued till  Hoplite. (Thucyd. v. 49.)  The Eleans, however,
their revival by Iphitus. (Paus. v. 8. ~ 1, 2.) Most pretended not only that thcir lands were inviolable




OLYMPIA.                                           OLYMIIPIA.                 829
during the existence of the truce, but that by the  Women were, however, allowed to send chariots to
original agreement with the other states of Pelo-  the races; and the first woman, whose horses won
ponnesus their lands were made sacred for evers  the prize, was Cynisca, the daughter of Archida-:and were never to be attacked by any hostile force imus, and sister of Agesilaus.  (Paus. iii. 8. ~ 1.)
(Strabo, viii. p. 358); and they further stated that  The number of spectators at the festival was very
the first violation of their territory was made by  great; and these were drawn together not merely
Pheidon of Argos.  But the Eleans themselves did  by the desire of seeing the games, but partly
not abstain from arms, and it is not probable that through the opportunity it afforded them of carrysuch a privilege would have existed without im-  ing on commercial transactions with persons from
posing on them the corresponding duty of refrain,  distant places (Vell. i. 8; mercatus Olympiacus,
ing from attacking the territory of their neighbours.  Justin, xiii. 5), as is the case with the Mohammedan
The later Greeks do not appear to have admitted  festivals at Mecca and Medina.  Many of the perthis claim of the Eleans, as we find many cases in  sons present were also deputies (EwEpoi) sent to
which their country was made the scene of war. represent the various states of Greece; and we find
(Xen. Itell. iii. 2. ~ 23, &c., vii. 4, &c.)       that these embassies vied with one another in the
The Olympic festival was probably confined at number of their offerings, and the splendour of
first to the Peloponnesians; but as its celebrity  their general appearance, in order to support the
extended, the other Greeks took part in it, till at honour of their native cities.  The most illustrious
length it became a festival for the whole nation.  citizens of a state were frequently sent as hECwpo'.
No one was allowed to contend in the games but  (Thuc. vi. 16; Andoc. c. Ale. pp. 126, 127. Reiske.)
persons of pure Hellenic blood: barbarians might    The Olympic festival was a Pentaeteris (7rerTaebe spectators, but slaves were entirely excluded.  rnplps), that is, according to the ancient mode of
All persons who had been branded by their own  reckoning,  a space of four years elapsed between
states with Atimia, or had been guilty of any  each festival, in the same way as there was only a
offence against the divine laws were not permitted  space of two years between a TptmES'rplS. According
to contend.  (Compare Demosth. c. Aristocrat. pp. to the Scholiast on Pindar (ad 01. iii. 35, Bbckh),
631, 632.)  When the Hellenic race had been ex- the Olympic festival was celebrated at an interval
tended by colonies to Asia, Africa, and other parts  sometimes of 49, sometimes of 50 months; in the
of Europe, persons contended in the games from  former case in the month of Apollonius, in the
very distant places; and in later times a greater  latter in that of Parthenius.  This statement has
number of conquerors came from the colonies than  given rise to much difference of opinion fiom the
from the mother country.  After the conquest of time of J. Scaliger; but the explanation of B1bckhl
Greece by the Romans, the latter were allowed to  in his commentary on Pindar is the most satisfactake part in the games.  The emperors Tiberius  tory, that the festival was celebrated on the first
and Nero were both conquerors, and Pausanias  full moon after the summer solstice, which some(v. 20. ~ 4) speaks of a Roman senator who gained  times fell in the month of Apollonius, and somethe victory.  During the freedom of Greece, even  times in Parthenius, both of which he considers to
Greeks were sometimes excluded, when they had  be the names of Elean or Olympian months: conbeen guilty of a crime which appeared to the Eleans  sequently the festival was usually celebrated in the
to deserve this punishment.  The horses of HIieron  Attic month of Hecatombaeon.  It lasted, after all
of Syracuse were excluded from  the chariot-race  the contests had been introduced, five days, from
through the influence of Themistocles, because he  the 11th to the 15th days of the month inclusive.
had not taken part with the other Greeks against  (Schol. ad Pinzd. 01. v. 6.)  The fourth day of the
the Persians. (Plut. Thiem. 25; Aelian, V. ir. ix. festival was the 14th of the month, which was the
b.)  All the Lacedaemonians were excluded in the  day of the full-moon and which divided the month
90th Olympiad, because they had not paid the fine  into two equal parts (8tXdjun7vts ptva, Pind. 01. iii.
for violating the Elean territory, as mentioned above  19; Scllol. ad loc.).
(Thuc. v. 49, 50; Pans. iii. 8. ~ 2); and similar    The festival was under the immediate superincases of exclusion are mentioned by the ancient tendence of the Olyrrpian.Zeus, whose temple at
writers.                                           Olympia, adorned with the statue of the god made
No women were allowed to be present or even  by Phidias, was one of the most splendid works of
to cross the Alpheus during the celebration of the  Grecian art. (Pans. v. 10, &c.) There were also
games under penalty of being hurled down from  temples and altars to most of the other gods.  The
the Typaean rock.  Only one instance is recorded  festival itself may be divided into two parts, the
of a woman having ventured to be present, and she, games or contests (&ay&?'OAvjuriacdos, a&e'OXav
although detected, was pardoned in consideration!XauAXat, tcpAi5s &aOXoAV, EO/eS  atEs'AoCO,  rKaePoof her father, brothers, and son having been victors  pfam), and the festive rites (eopT-r) connected with
in the gamles. (Pnus. v. 6. ~ 5 *; Ael. V. H. x. 1.)  the sacrifices, with the processions and with the
An exception was made to this law in favour of public banquets in honour of the conquerors. Thus
the priestess of Demeter Chamyne, who sat on an  Pausanias distinguishes between the two parts of
altar of white marble opposite to the Hellhnodicae.  the festival, when he speaks of Tbv  &-yLova Ev
(Paus. V-i. 20. ~ 6; compare Suet. Norer. c. 12.)'0XvoAr/4 r 7rrav7'yvplpv Te'OM/u7rtaltd7v (v. 4. ~ 4).
The conquerors in the games, and private indivi* It would appear from another passage of Pan-  duals, as well as the theori or deputies from the
sanias that virsins were allowed to be present, various states, offered sacrifices to the different
though mzarr7ied women were not (rapOE/'ovs Be  gods; but the chief sacrifices were offered by the
eeoc eYpyouosL reaCnEotTOalj  vi. 20. ~ 6); but this  Eleans in the name of the Elean state.  The order
sta;temrnnt is opposed to all others on the subject, in which the Eleans offered their sacrifices to the
and thie reading of the passage seems to be doubt-  different gods is given in a passage of Pausanias
ful.  (See Valckenaerj ad Theocr. Adon. pp. 196, (v. 14. ~ 5).  There has been considerable dispute
~. 97.)                                            amon(g modern writers, whether the sacrifices were




830               OLYMPIA.                                           OLYM AIPIA.
offered by the EIleans and the Theori at the com-  tium for boys, introduced in 01. 1 45.  24. There
mencement or at the termination of the contests;  was also a horse-ralce (1'7rrros ieA;1rls) in which boys
our limits do not allow us to enter into the contra- rode (Pans. -i. 2. ~ 4, 12. ~ 1, 13. ~ 6), but we
versy, but it appears most probable that certain  do not know the time of its introduction. Of these
sacrifices were offered by the Eleans as introductory  contests, the greater number were in existence in
to the games, but that the majority were not offered  the heroic age, but the following were introduced
till the conclusion, when the flesh of the victims  for the first time by the Eleans: —all the contests
was required for the public banquets given to the  in which boys took part, the foot-race of Hoplites,
victors.                                           the races in which foals were employed, the chariotThe contests consisted of various trials of strength  race in which mules were used, and the horse-race
and skill, which wvere increased in number from   with mares (Ka'rMn,).  The contests of heralds and
time to time.  There were in all twenty-four con-  trumpeters were also probably introduced after the
tests, eighteen in which men took part, and six in  heroic age.
which boys engaged, though they were never all    Pausanias (v. 9. ~ 3) says that up to the 77th
exhibited at one festival, since some were abolished  Olympiad, all the contests took place in one day;
almost immediately after their institution, and  but as it was found impossible in that Olympiad to
others after they had been in use only a short time. finish them all in so short a time, a new arrangeWe subjoin a list of these from Pausanias (v. IS. ment was made. The nrumber of days in the whole
~ 2, 3, 9. ~ 1, 2; compare Plut. Syinrp. v. 2), with  festival, which were henceforth devoted to the
the date of the introduction of each, commencing  games, and the order in which they were celefrom the Olympiad of Coroebus:-l. The foot-race  brated, has been a subject of much dispute among
(ap4j'/os), which was the only contest during the  modern writers, and in many particulars can be
first 13 Olympiads. 2. The  itavXos, or foot-race, in  only matter of conjecture. The following arrangewhich the stadiumn was traversed twice, first intro-  ment is proposed by Krause (Olym0piac p. 106): —
duced in 01. 14. 3. The bAXiXos, a still longer foot-  On the first day, the initiatory sacrifices were
race than the afavmxos, introduced in 01. 15i.  For  offered, and all the competitors classed and arranged
a more particular account of the  iauvxos and oA2l-  by the jutdges.  On the same day, the contest
Xos see STADIum r. 4. Wrestling((rra17) [LUvcTJ, between the trumpeters took place; and to this
and 5. The Pentathlun (7rE'YTaOAov), which consisted  succeeded on the same day and the next the
of five exercises [PENTATHLUma], both introduced  contests of the boys, somewhat irs the following
in 01. 18. 6. Boxing (rrvuyc),introduced in 01.23.  order: - the Foot-Race, Wrestling, Boxing, the
[PUGILATUs.] 7. The chariot-race, with four full-  Pentathlum, the Pancratium, and lastly, the Horsegrown horses ('7rrrCo, eXEY AsWOS,  p4os, pgiua), intro-  Race.  On the third day, which appears to have
duced in 01. 25. 8. The Pancratirum (,rasyKrparov)  been the principal one, the contests of the men took
[PANCRArTIUM], and 9. The horse-race ('n'rros  place, somewhat in the following order:-the simple,ce'Xes), both introduced in 01. 33.  10 and 11.  Foot-Race, the Diaulos, the Dolichos, Wrestling,
The foot-race and wrestling for boys, both intro-  Boxing, the Pancratium, and the Race of Hoplites.
duced in 01. 37.  12. The Pentathlum f)r boys,  On the fourth day the Pentathlum, either before or
introduced in 01. 33, but immediately afterwards  after the Chariot and Horse-Races, which were
abolished. 13. Boxing for boys, introduced in 01, celebr-ated on this d'ay,   On the same day or on
41.  14. The foot-race, in which men ranl with the  the fifth, the contests of the Heralds may have
equipments of heavy-armed soldiers (,cm, 50r7rArli,, taken place.  The fifth day appears to have been
po'j/os), introduced in 01. 65, on account of its  devoted to processions and sacrifices, and to the
training men for actual service in war.  15. The  banquets given by the Eleans to the conquerors in
chariot-race with mules (Va7rr/'), introduced in 01.  the Games.
70; and 16. The horse-race with mares (rccd',rr/),    The judges in the Olympic Games, called Heldescribed by Pausanias (v. 9. ~ 1, 2), introduced  lanodicae ('EXXavooutcai), were appointed by the
in 01. 71, both of which were abolished in 01. 84.  Eleans, who had the regulation of the whole festi17. The chariot-race with two full-grown horses  val.  It appears to have been originally under the
('7i-rrw,' reAiEWYL    em, PIs), introduced in 01. 93, superintendence of Pisa, in the neighbourhood of
18, 19.  The contest of heralds (mt'?cpvUes) and  which Olympia was situated, and accolvdingly we
trumpeters (eahX7rt1ycTal), introduced in 01. 96. find in the ancient legends the names of Oenomaus,
(African. ap. Euseb. Xpov.'EskX. I2t. p. 41; Pelops, and Augeas as presidents of the Games.
Paus. v. 22. ~ 1; compare Cic. ad Faor. v. 12.)  But after the conquest of Peloponnessus by the Do20. The chariot-race  with  four foals 0(rccSxwy  rians on the return of the Heraclidlae, the Aetolians,
api-faor,), introduced in 01. 99.  21. The chariot-  who had been of great assistance to the lIeraclidae,
race with two foals (rrcXov  euvcvpis), introduced  settled in Elis, and from  this time the Aetolian
in 01. 128.  22. The horse-race with foals (7r&Xos  Eleans obtained the regulation of the festival, and
KiAxsS), introduced in 01. 131.  23. The Pancra-  appointed the presiding officers.  (Strabo, viii. pp.
357, 358.)  Pisa, however, did not quietly re* Some words appear to have dropped out of the  iinquish its claim  to the superintendence of the
passage of Pausanias.  In every other case he  festival, and it is not improbable that at first it had
mentions the name of the first conqueror in each  an equal share with the Eleans in its administranew contest, but never the name of the conqueror  tion.  The Eleans themselves only reckoned three
in the same contest in the following 01.  In this  festivals in which they had not had the presidency,
passage, however, after giving the name of the first  namely, the 8th, in which Pheidon and the Piseans
conqueror in the Dianlos, he adds, r-. re    i;}s  obtained it; the 34th, which was celebrated under
AtiaeOos. There can be little doubt that this must  the superintendenlce of Pantaleon, king of Pisa
be the name of the conqueror in the Dolichos; and the 104th, celebrated under the superintend.
which is also expressly stated by Afiicanus (apud  ence of the Piseans'and Arcadians.  These Olymi
Eus. Xpov.'EA., I i. p. 39).                    piads the Eleans called a&oXVol7ratEs, as cele



OLYMPIA.                                          OLYMPIA.                  831
brated contrary to law.  (Paus. vi. 22. ~ 2, 4.  obliged to  swear to in the  BovEvTr-ptor,  at
~ 2.)                                            Olympia before the statue of Zeus "'Opzios.  The
The Hlellanodicae were chosen by lot from the  fathers, brothers, and gymnastic teachers of the
whole body of the Eleans. Pausanias (v. 9. ~ 4, 5)  competitors, as well as the competitors themselves,
has given an account of their numbers at different  had also to swear that they would be guilty of no
periods; but the commencement of the passage  crime (acaacoippyyua) in reference to the contests.
is unfortunately corrupt.  At first, he says, there  (Pans. v. 24. ~ 2.)  All competitors were obliged,
were only two judges chosen from all the Eleans,  thirty days previous to the festival, to undergo
but that in the 25th 01. (75th 01.?) nine Hel-  certain exercises ill the Gymnasium at Elis, under
lanodicae were appointed, three of whom had the  the superintendence of the Hellanodicae.  (Paus.
superintendence of the horse-races, three of the  vi. 26. ~ 1-3, 24. ~ 1.)  The different contests,
Pentathlum, and three of the other contests. Two  and the order in which they would follow one
Olympiads after, a tenth judge was added.  In  another, were written by the Hellanodicae upon a
the 103rd 01. the number was increased to 12, as  tablet (XeVcKwua) exposed to public view.  (Comat that time there were 12 Elean Phylae, and a  pare Dion Cass. lxxix. 10.)
judge was chosen from each tribe; but as the    The competitors took their places by lot, and
Eleans afterwards lost part of their lands in war  were of course differently arranged according to the
with the Arcadians, the number of Phylae was re-  different contests in which they were to be engaged.
duced to eight in the 104th 01., and accordingly  The herald then proclaimed the name and country
there were then only eight Hellanodicae.  But in  of each competitor. (Compare Plato, Leg. viii. p.
the 108th 01. the number of Hellanodicae was in-  833.)  When they were all ready to begin the
creased to 10, and remained the same to the time  contest, the judges exhorted them to acquit themof Pausanias. (Paus.. e.)                       selves nobly, and then gave the signal to cornThe Hellanodicae were instructed for ten months  mence.  Any one detected in bribing a competitor
before the festival by certain of the Elean magis- to give the victory to his antagonist was heavily
trates, called Nouo(p6AaKes, in a building devoted to  fined; the practice appears to have been not unthe purpose near the market-place, which was called  common fromi the many instances recorded by Pau-'E1XAeaosucaLc6V. (Pans. vi. 24. ~ 3.)  Their office  sanias (v. 21).
probably only lasted for one festival.  They had    The only prize given to the conqueror was a
to see that all the laws relating to the games were  garland of wild olive (icdruVOs), which according to
observed by the competitors and others, to deter-  the Elean legends was the prize originally instimine the prizes, and to give them  to the con- tuted by the Idaean Heracles.  (Paus. v. 7. ~ 4.)
querors.  An appeal lay from their decision to the  But according to Phlegon's account (Ilepl Ar,
Elean senate. (Panus. vi. 3. ~ 3.)  Their office was'OAMuranowv,, p. 140), the olive crown was not given
considered most honourable.  They wore a purple  as a prize upon the revival of the games by Iphitus,
robe (7rop(pup's), and had in the Stadium special and was first bestowed in the seventh Olympiad
seats appropriated to them. (Paus. vi. 20. ~ 5, 6, with the approbation of the oracle at Delphi.  This
7; Bekker, Anecd. p. 249. 4.)  Under the direc-  garland was cut from a sacred olive tree, called
tion of the Hellanodicae was a certain number of  eXalea KcXXia-raE'avos, which grew in the sacred
ad.Srai with an &XuVrCipx7s at their head, who  grove of Altis in Olympia, near the altars of Aphroformed a kind of police, and carried into execution  dite and the Hours. (Paus. v. 15. ~ 3.) Heracles
the commands of the Hellanodicae. (Lucian, Hernz.  is said to have brought it from the country of the
c. 40. vol. i. p. 738, Reitz; Etym. bMag. p. 72.  HIyperboreans, and to have planted it himself in
13.)  There were also various other minor officers  the Altis. (Pind. 01. iii. 14; MUller, Dor. ii. 12.
under the control of the Hellanodicae.           ~ 3.)  A boy, both of whose parents were still
All free Greeks were allowed to contend in the  alive (&iwptOa\As 7ra7s) cut it with a golden sickle
games, who had complied with the rules prescribed  (Xpvur  apsrdioT).  The victor was originally
to candidates. The equestrian contests were neces-  crowned upon a tripod covered over with bronze
sarily confined to the wealthy; but the poorest (rpLrovs EriXaXKos), but afterwards, and in the
citizens could contend in the athletic contests, of time of Pausanias, upon a table made of ivory and
which Pausanias (vi. 10. ~ 1) mentions an exam-  gold.  (Paus. v. 12. ~ 3, 20. ~ 1, 2.)  Palm
ple.  This, however, was far from  degrading the  branches, the common tokens of victory on other
games in public opinion; and some of the noblest occasions, were placed in their hands.  The name
as well as meanest citizens of the state took part of the victor, and that of his father and of his
in these contests. The owners of the chariots and  country, were then proclaimed by a herald before
horses were not obliged to contend in person; and  the representatives of assembled Greece.  The
the wealthy vied with one another in the number festival ended with processions and sacrifices, and
and magnificence of the chariots and horses which  with a public banquet given by the Eleans to the
they sent to the games.  Alcibiades sent seven  conquerors in the Prytaneum. (Paus. v. 15. ~ 8.)
chariots to one festival, a greater number than had    The most powerful states considered an Olympic
ever been entered by a private person (Thuc. vi, victory, gained by one of their citizens, to confer
16), and the Greek kings in Sicily, Macedon, and  honour upon the state to which he belonged; and
other parts of the Hellenic world contended with  a conqueror usually had immunities and privileges
one another for the prize in the equestrian contests. conferred upon him by the gratitude of his fellowAll persons, who were about to contend, had to  citizens.  The Eleans allowed his statue to be
prove to the Hellanodicae that they were freemen, placed in the Altis, or sacred grove of Zeus, which
of pure lIellenic blood, had not been branded with  was adorned with numerous such statues erected
Atimia, nor guilty of any sacrilegious act.  They  by the conquerors or their families, or at the exfurther had to prove that they had undergone the  pence of the states of which they were citizens.
preparatory  training  (7rpo-yvydado'ara)  for ten  On his return home, the victor entered the city in
months previously, and the truth of this they were  a triumphal procession, in which his praises were




I32               OIYMPIA.                                          OLY MPIA.
celebrated frequently in the  loftiest strains of    There were also many ancient worlks on the
poetry.  (Compare ATHLETAE, p. 167.)               Grelk festivals in general, in which tile Olympic
Sometimes the victory was obtained without a  Games were of course treated of.  Thus the work
contest, in which case it was said to be  sovLsi.  of Dicaearchns rlepl'Ayc6vwcv (Diog. Lalirt. v. 47),
This happened either when the antagonist, who  contained a division entitled 6'OUvT1rhtds. (Athen.
was assigned, neglected to come or came too late, xiv. p.. 620, d.)
or when an Athletes had obtained such celebrity      One of the most important works on the Olymby former conquests or possessed such strength and  pice Games was by Phlegon of Tralles, who lived
skill that no one dared to oppose him.  (Paus. vi.  in the reign of Hadrian; it was entitled nEpl Tr1v
7. ~ 2.)  When one state conferred a crown upon'OAvfju7rLo or'OXvuwrlwo'v tcal XPOemK't, Xvaseoywyj,
another state, a proclamation to this effect was fre-  was comprised in 16 books, and extended from the
qulently made at the great national festivals of the  first Olympiad to O1. 229.  We still possess two
Greeks.  (Demosth. de Cor. p. 265.)                considerable fragments of it.  The important work
As persons from all parts of the Hellenic world  of Julius Africanus,'EXsv eO,'OXvuridises d&rb
were assembled together at the Olympic Games. it  ri's rpc6Tr-s, &c., is preserved to us by Eusebius 
was the best opportunity which the artist and the  it comes down to 01. 249. Dexippus of Athens, in
Xwriter possessed of making their works known.  In  his XpOsUKeC~ ir'opla, carried down the Olympic
fact, it answered to some extent the same purpose  conquerors to 01. 262.
as the press does in modern times.  Before the in-    In modern works much useful information on
vention of printing, the readiing  of an author's  the Olympic games is given in Corsini's Dissert.
works to as large an assembly as could be obtained, Agonisticce, and in Bbckh's and Dissen's editions
was one of the easiest and surest modes of publish-  of Pindar.  See also Meier's article on the Olyming them; and this was a favourite practice of the  pic Gaines, and Rathgeber's articles on Olympia,
Greeks and Romans.  Accordingly, we find mainy  Olympieion, and Olympischer Jupiter in Ersch and
instances of literary works thus published at the  Gruber's Encyclopiidie; Dissen. Ueber die AnorldOlympic festival.  Herodotus is said to have read  ningy der Olyspischlen Spiele, in his Kleine Skclriften,
his history at this festival; but though there are  p. 185; and Krause, Olympia oder Darstellnyll  des'
some reasons for doubting the correctness of this grossen Ol/7i2pisch.en Spiele, WAien, 1838.
statement, there are numerous other writers who    In course of time festivals were established in
thus published their works, as the sophist Hippias, several Greek states in imitation of the one at
Prodicus of Ceos, Anaximenes, the orator Lysias, Olympia5 to which the same name was given.
Dion  Chrysostom, &c. (Compare Lucian, Hlerod.  Some of these are only known to us by ilscripc. 3, 4. vol. i. p. 834, Reitz.)  It must be borne in  tions and coins; but others, as the Olympic festimind that these recitations were not contests, and  val at Antioch, obtained great celebrity.  After
that they formed properly no part of the festival. these Olympic festivals had been established in
In the same way painters and other artists ex-  several places, the great Olympic festival is somebibited their works at Olympia. (Lucian, I. c.)    times designated in inscriptions by the addition of
The Olympic Games continued to be celebrated  "in Pisa)" 4v lIefclr. (Compare Bickh, Inscer. in.
with much splendour under the Roman emperors, 247. pp. 361, 362. n. 1068. p. 564.)  WVe subjoin
b:y many of whom  great privileges were awarded  from Krause an alphabetical list of these smaller
to the conquerors. [ATHLETAE, P. 167.]  In the  Olympic festivals.  They were celebrated at: -
sixteenth year of the reign of Theodosius, A. D. 394    Aegae in Macedonia. This festival was in exist(01. 293), the Olympic festival was for ever abo-  ence in the time of Alexander the Great. (Arrian,
lished; but we have no account of the names of Ahaeb. i. 11.)
the victors from 01. 249.                            Alerandroia.  (Gruter, insce. p. cccxiv. n, 240.)
Our limits do not allow  us to enter into the  In later times, the number of Alexandrian conquestion of the influence of the Olympic Games  querors in the great Olympic Games was greater
upon the national character; but the reader will than from any other state.
find some useful rernarlks on this subject in Thirl-    Anazatirbts in Cilicia.  This festival was not, inwall's Hist. of Greece, vol. i. p. 390, &c.        troduced till a late period.  (Eckhel, Doctr. Niun.
There were many ancient works on the subject iii. p. 44.)
of the Olympic Games and the conquerors therein.    Antiocls in Syria.  This festival was celebrated
One of the chief sources from which the writers  at Daphne, a small place, 40 stadia from Antioch,
obtained their materials, must have been the re-  where there was a large sacred grove watered by
gisters of conquerors in the games, whlich were dili- many fountains. The festival was originally called
gently preserved by the Eieans. (HXel'[wv's robls  DI;phnea, and was sacred to Apollo and Arte-'OXvu7rzsov'lcas?ypaSLzasUa, Paus. iii. 21, ~ 1, v. 21. mis (Strabo, xvi. p. 750; Athen. v. p. 194), but
~ 5, vi. 2. ~ 1; T&'HXLe'WV TypdyuaTa apXiatd v. was called Olympia, after the inhabitants of An4. ~ 4.) One of the most ancient works on this sub- tioch had purchased from  the Eleans, in A. D. 44,
ject was by the Elean Hippias, a contemporary of the privilege of celebrating Olympic games.  It
Plato, and was entitled &vaypaep'O.uyU7rs0o ca't. was not, however, regularly celebrated as an Olym(Plut. ANTu7a, 1.)  Aristotle also appears to have  pic festival till the time of the emperor Commodus.
written a work on the same subject. (Diog. Labirt.  It commenced on the first day of the month Hyv. 26.)  There was a work by Timaeus of Sicily, perberetaeus (October), with which the year of
entitled'OxvyurtovZicai  X povKa' 7rpa8ista, and  Antioch began.  It was under the presidency of
anotherby Eratosthenes (born B.c. 275) also called  an Alytarches.  The celebration of it was abo-'OAv,uzrsov7icaL. (Diog. La2rt. viii. 51.) The Athe-  lished by Justin, A. D. 521.  The writillgs of Linian  Stesicleides is mentioned as the author of an  banius, and of Chrysostom, the Christian Father,
a'a-ypaop   To'~ appXd'vrTv Kal'OAvlursovsotlcv (Diog. who lived many years at Antioch, gave various
La'rt. ii. 56), and Pliny (11. N. viii. 34) speaks  particulars respecting this festival.
of Ag-iopas. as a writer of Olympionicae.          - Atlhens.  There were two festivals of the name




OLYMPIAAS.                                                                     833
of Olympia celebrated at Athens, one of which was  776. (Paus. v. 8. ~ 3, viii. 26. ~ 3; Strab. viii.
in  existence iln the time of Psindar (Pind. Nes. p. 355.) Timaeus of Sicily, however, who flourished
ii. 23, &c.; Schol. ad loc.), who celebrates the  B. c. 264, was the first writer who regularly arancestors of the Athenian Timodemus as conquerors  ranged events according to the conquerors in each
in it, and perhaps much earlier (Schol. ad Thuc. i. Olympiad, with which aera he compared the years
126).  It was celebrated to the honour of Zeus, in  of the Attic Archons, the Spartan Ephors, and that
the spring between the great Dionysia and the  of the Argive priestesses. (Polyb. xii. 12. ~ 1.) His
BleIdidia.  (Bdckh, Inscs. pp. 53, 250-252.)  practice of recording events by Olympiads was folThe other Olympic festival at Athens was insti-  lowed by Polybius, Diodorts Siculus, Dionysius of
tuted by Hadrian A. D. 131; from which time a  Halicarnassus, and sometimes by Pausanias, Aelian,
new Olympic aera commenced. (Corsini, Fast. A t.  I Diogenes Laertius, Arrian, &c. It is twice adopted
vol. ii. pp. 105, 110, &c.; Spartian. Hadr. 13.)  by Thucydides (iii. 8, v. 49) and Xenophon (IIell.
[OLYMPIAS.]                                       i. 2. ~ 1, ii. 3. ~ 1). The names of the conquerors
Attalia in Panmphylia.  This festival is only  in the foot-race were only used to designate the
known to us by coins. (Rathgeber, 1. c. p. 326.)    Olympiad, not the conquerors in the other contests.
CQlzicus. (B13ckh, Inscr. n. 2810.)             Thucydides  (SI. cc.), however, designates -two
Cyrene. (B;ckh, Explicat. Pind. p. 328.)        Olympiads by the name of the conquerors in the
Disum in Macedonia.  These games were insti-  Pancratium; but this appears only to have been
tuted by Archelaus, and lasted nine days, corre-  done on account of the celebrity of these victors,
sponding to the number of the nine SiMuses.  They  both of whom conquered twice ill the Pancratium.
were celebrated with great splendour by Philip II.  Other writers, however, adhere so strictly to the
and Alexander the Great. (Diodor. xvii. 16; Dion  practice of designating the Olympiad only by the
Chrysost. vol. i. p. 73,  teiske; Suidas, s. v. conqueror in the foot-race, that even when the'Ava4avapians.)                                   same person had obtained the prize in other con-' Epl-esets.  This festival appears by inscriptions, tests as well as in the foot-race, they only mention
in which it is sometimes called'A vpeash'O/,47rna  the latter.  Thus Diodorus (xi. 70) and Pausanias
E,'Eia-go, to have been instituted by Hadrian.  (iv. 24. ~ 2) only record the conquest of Xenophon
(BiJckh, Inscr. n. 2810; compare n. 2987, 3000.)  of Corinth iin the foot-race, although he had also
Elis.  Besides the great Olympic Games, there  conquered at the same festival in the Pentathlum.
appear to have been smaller ones celebrated yearly.    The writers, who make use of the aeras of the
(Accdot. Go. ed. Siebenk. p. 95.)                 Olympiads, usually give the number of the OlymMliagnesia in Lydia. (Rathgeber, 1. c. pp. 326, pied (the first corresponding to B. c. 776), and then
327.)                                              the nanme of the conqueror in the foot-race.  Some
Neapolis. (Corsini, Diss. Agfon. iv. 14. p. 103.)   writers also speak of events as happening in the
Ticaea in Bithynia. (Eustath. adDionys. Perieg.  first, second, third, or fourth year, as the case may
pp. 172, 173, in Geogr. Min. ed. Bernhardy.)       be, of a certain Olympiad; but others do not give
Nicopolis in Epeirus.  Augustus, after the con-  the separate years of each Olympiad.  The rules
quest of Antony, off Actium, founded Nicopolis, for converting Olympiads into the year B. c., and
and instituted games to be celebrated every five  vice versa, are given under CHRONOnOGLA, p. 281;
years ( vy&s'  rTErTEJptKcdS) in commemoration of beut as this is troublesome, we subjoin for the use
his victory.  These games are sometimes called  of the student alist of the Olympiads with the years
Olympic, but more frequently bear the name of of the Christian aera corresponding to them  from
Actia.  They were sacred to Apollo, and were  tIe beginning of the Olympiads to A. D. 301.  To
under the care of the Lacedaemonians. (Strabo, save space the separate years of each Olympiad,
vii. p. 325.)  [ACTIA.]                            with the corresponding years B. c., are only given
Olympas in Thessaly, on the mountain of that from the 47th to the 126th Olympiad, as this is the
name. (Schol. ad Apaoll. thood. Agomonaut. i. 599.)   most important period of Grecian history; in the
Perg.nalos in Mysia.  (Biickh, Inser. n. 2810; other Olympiads the first year only is given.  In
3Mionnet, ii. 610. n. 626.)                        consulting the following table it must be borne in
Side in Pamphylia. (Rathgeber, p. 129.)         mind that the Olympic Games were celebrated
Suyrtz,.  Pausanias (vi. 14. ~ I) mentions an  about lMidsumner  [OLY-IPIA], and that the Attic
Agon of the Smyrnaeans, which Cormini (Diss.  year commenced at about the same time.  If,
1gon. i. 12. p. 20) supposes to be an Olympic  therefore, an event happened in the second half of
festival.  The MlIarmor Oxoniense expressly men-  the Attic year, the year B. c. mulst be reduced by 1.
tions Olympia at Smyrna, and they also occur in  Thus Socrates was put to death in the 1st year of
inscriptions..  (Gruter, Inscr. p. 314. 1; Bickh, the 95th Olympiaid, which corresponds in the folInser. ad n. 1720.)                                lowing table to B. c. 400; but as, his death hapTarscus in Cilicia.  This festival is only known  pened in Thargelion, the  lth month of the Attic
to us by coins. (Krause, p. 228.)                  year, the year B. C. must be. reduced by 1, which
Tegea in Arcadia. (B1ckh, Isscr. n. 1.513. p. gives us B. c. 399, the true elate of his death.
700.)                                              I. c.   01.    a. c.     01.    B. C.      01.
Tizessalonica in Macedonia. (Krause, p. 230.)   776.    1.  1. 736.   11.  1. 696.   21.  1.
Thyatira in Lydia.  (Rathgeber, p. 328.)        772.    2.  1. 732.   12.  1. 692.   22.  1.
Tralles in Lydia. (Krause, p. 233.)             768.    3.  1. 728.   13,  1. 638.   23.  1.
T7rpus in Phoenicia. (Rathgeber, p. 328.)       764.    4.  1. 724.   14,  1. 684.   24.  ].
OLY'MVIPIAS ('OXuvurids), the most celebrated  760.    5.  1. 720.   15.  1. 680.   25.  1.
chronological aera among the Greeks, was the  756.    6.  1. 716.   16.  1. 676.   26.  1.
period of four years, which elapsed between each  752.    7.  1. 712.   17.  1. 672.   27.  1.
celebration of the Olympic Games. The Olympiads  748.    8.  1.  708.   18.  1. 668.   28.  1.
began to be reckoned from the victory of Coroebus  744.    9.  1. 704.   19.  1. 664.-  29.  1.
in the foot-race, which happened in the year B. c. 740.   10.  1. 700. 700. 20.  1. 669..  1.
3a




834 OLYMPIAS. OLYMPIAS.
sc. 01. B.C. 01. B.C.                      01. B.C. 0I. B.c. 01. B.c, 0].
656. 31. 1. 538. 3. 468. 78. 1. 398. 3. 328. 113. 1. 216. 141. 1.
652. 32. 1. 537. 4. 467. 2. 397. 4. 327. 2. 212. 142. 1.,
648. 33. 1. 536. 6]. 1. 466.' 3. 396. 96, 1. 326. 3. 208. 143. 1.
644. 34. 1. 535. 2. 465. 4. 395.                                 2. 325. 4. 204. 144. 1.
640. 35. 1. 534. 3. 464. 79. 1. 394. 3. 324. 114. 1. 200. 145.  1.
636. 36. 1. 533. 4. 463. 2. 393. 4. 223. 2. 196. 146. 1.
632. 37. 1. 532. 62. 1. 462. 3. 392. 97. 1. 322. 3. 192. 147. 1.
628. 38. 1. 53I. 2. 46l. 4. 391. 2. 321. 4. 188. 148. 1.
624. 39. 1. 530. 3. 460. 80. 1. 390. 3. 320. 115. 1. 184. 149. 1.
620. 40. 1. 529. 4. 459. 2. 389;                                 4. 319. 2. 180. 150. 1.
616. 41. 1. 528. 63.  1. 458. 3. 388. 98. 1. 318. 3. 176. 151. 1.
612. 42. 1. 527.              2. 457. 4. 387.                    2. 317. d. 172. 152. 1.
603. 43. 1. 526. 3. 456. 81. 1. 386. 3. 316. 116. 1. 168. 153. 1.
601. 44. 1.525. 4. 455. 2. 385. 4. 315. 2. 164. 154. 1.
600. 45. 1. 524. 64.  1. 454. 3. 384. 99. 1. 314. 3. 160. 155. 1.
596. 46. 1. 523. 2. 453. 4. 383;                                 2. 313. 4. 156. 156. 1.
592. 47. 1. 522. 3. 452. 82. 1. 382. 3. 312. 117.  1. 152. 157. 1.
591. 2. 521. 4. 451. 2. 381. 4. 311. 2. 148. 158. 1.
590. 3. 520. 65;  1. 450. 3. 380.  100. 1. 310. 3. 144. 159. 1.
589. 4. 519. 2. 449. 4. 379. 2. 309. 4. 140. 160. 1.
588. 48. 1. 518. 3. 448. 83. 1. 378. 3. 308. 118. 1. 136. 161. 1.
587. 2. 517. 4. 447. 2. 377. 4. 307. 2. 132. 162. 1.
586. 3. 516. 66. 1. 446. 3. 376. 101. 1. 306. 3. 128. 163. 1.
585. 4. 515. 2. 445. 4. 375. 2. 305. 4. 124. 164. 1.
584. 49. ]. 51,1. 3. 444. 84. 1. 374. 3. 304. 119. 1. 120. 165. 1.
583. 2. 513. 4. 443. 2. 373. 4. 303. 2. 116. 166. 1.
582. 3. 512. 67. 1. 442. 3. 372. 102. 1. 302. 3. 112. 167. 1.
581. 4. 511. 2. 441. 4. 371. 2. ~01. 4. 108. 168. ].
580. 50. 1. 510. 3. 440. 85,  1, 370. 3. 300. 120. 1. 104. 169. 1.
579. 2. 509. 4. 439. 2. 369. 4. 299. 2, 100. 170. 1.
578. 3. 508. 68. 1. 438. 3. 368. 103. 1. 298. 3. 96. 171. 1.
577. 4. 507.                  2. 437. 4. 367. 2. 297. 4. 92. 172. 1.
576. 51. 1. 506. 3. 436. 86, 1. 366. 3. 296. 121. 1. 88. 173. 1.
575. 2. 505. 4. 435. 2. 365. 4. 295. 2. 84, 174. 1.
~74. 3. 504. 69. 1. 434. 3. 364. 104. 1. 294. 3. 80. 175. 1.
573. 4. 503. 2. 433. 4. 363. 2. 293. 4. 76. 176. 1.
572. 52. 1. 502. 3. 432. 87. ]. 362. 3. 292. 122. 1. 72. 177. 1.
571. 2. 501. 4. 431. 2. 361. 4. 291. 2. 68. 178. 1.
570. 3. 500. 70. 1. 430. 3. 360. 105. l. 290. 3. 64. 179. 1.
569. 4. 499. 2. 429. 4. 359. 2. 289. 4. 60. 180. 1.
568. 53. 1. 498. 3. 428. 88. ]. 358. 3. 288. 123. 1..56. 181. 1.
567,         2. 497. 4. 427. 2. 357. 4. 287. 2. 52. 182. 1.
566. 3. 496. 71.  1. 426. 3. 356. 106,  ]  286. 3. 48. 183. 1.
565. 4. 495. 2. 425. 4. 35.5. 2. 285. 4. 44. 184. 1.
564. 54.  1. 494. 3. 424. 89,  t. 354. 3. 284. 124. 1. 40. 185. 1.
563. 2. 493. 4. 423. 2, 353. 4. 283. 2. 36. 186. 1.
562. 3. 492.   72. l. 422. 3. 352,  107. 1. 282. 3. 32. 187. 1.
561. 4. 491. 2. 421. 4. 351. 2. 281. 4. 28. 188. 1.
560. 55. 1. 490. 3, 420. 90. ]. 350. 3. 280. 125. 1. 24. 189. 1.
559. 2. 489. 4. 419,                           2. 349. 4. 279. 2. 20. 190. 1
558. 3. 483. 73,  1. 418,                      3. 348. 108. 1. 278. 3. 16. 191. 1.
557. 4. 487. 2. 417, 4, 347. 2. 277. 4. 12. 192. 1.
5.56. 56. 1. 486. 3. 4]6. 91. 1, 346,                            3. 276. 126. 1. 8. 193,  1.
555. 2. 485. 4. 415. 2. 345, 4. 275. 2. 4. 194. 1.
554. 3. 484. 74. 1. 414. 3. 344, 109. 1, 274. 3.
553. 4.41;3. 2. 4]3. 4. 343. 2. 273. 4. A.D. ~1.
552. 57.  I. 482. 3. 412. 92. 1. 342. 3. 272. 127. 1. 1. 195. 1
551. 2. 48[. 4. 4il. 2. 341. 4. 268. 128. 1. 5. 196. 1.
550. 3. 480. 75. 1. 410, 3, 340. 110. 1. 264. 129. 1 9. 197. 1.
549. 4. 479. 2. 409. 4. 339. 2. 260. 130. 1   13. 198. 1.
548. 58.  1. 478. 3, 408, 93. 1. 338. 3. 256. 131. 1   17. 199. I.
547.         2. 477.          4. 407. 2. 337. 4, 252. 132, 1. 21. 200.  1.
546. 3. 476,   76,  1. 406. 3. 836. 111. "1. 248. 133. 1. 25. 201. 1.
545. 4. 475,                  2. 405;          4. 335. 2. 244. 134. 1. 29. 202. 1.
544. 591 ]. 474. 3. 404~ 94. 1. 334. 3. 240. 135. 1. 33. 203. 1.
543. 2. 473. 4. 403. 2. 333. 4. 236. 136. 1. 37. 204. 1.
542. 3. 472. 771 1. 402. 3. 332. 112. ]. 232. 137. 1. 41. 205. 1.
541. 4. 471. 2. 40L                            4. 331. 2. 228. 138. 1. 45. 206. 1.
~40.   60. 1. 470. 3. 400. 95. 1. 330. 3. 224. 139. 1. 49. 207. 1.
~39.          2. 469.          4. 399, 9 32~.                     4, 220. 140. 1. 53. 208 1.




OPERIS NOVI NUNTIATIO.                                        OPSONITUM.                   835
A. D.    01.    A. D.    01.    A. D.    01.    perty which was threatened withdamage by the
57.  209.  1. 141.  230.  1. 225.  251.  1. Opus Novum, or he who had an easement(servitus)
61.  210.  1. 145.  231.  1. 229.  252.  1. in such property, had the Jus nuntiandi (Dig. 43.
65.  211.  1. 149.  232.  1. 233.  253.  1. tit. 25).  Nuntiatio consisted in protesting against
69.  212.  1. 153.  233.  1. 237.  254.  1. and forbidding the progress of the Opus Novurn, on
73.  213   1. 157.  234.  1. 241.  255.  1. the spot where the work was proceeding and in
77.  214   1. 161.  235.  1. 245.  256.  1. the presence of the owner or of' some person who
81.  215.  1. 165.  236.  1. 249.  257.  1.  was there present on his account.  The Nuntiatio
85.  216.  1. 169.  237.  1. 253.  258.  1. did not require any application to or interference
89.  217.  1. 173.  238.  1. 257.  259.  1. on the part of the Praetor.  It was a rule of law
93.  218.  1. 177.  239.  1. 261.  260.  1. that the Nuntiatio must take place before the
97. 219.  1. 181.  240.  1. 265.  261.  1. work was completed: after it was completed, the
101.  220.  1. 185.  241.  1. 269.  262.  1. Operis Novi Nuntiatio had no effect, and redress
105.  221.  1. 189.  242.  1. 273.  263.  1. could only be obtained by the Interdict Quod vi
109.  222.  1. 193.  243.  1. 277.  264.  1. aut clam.
113.  223.  1. 197.  244.  1. 281.  265.  1.    If the Opus Novum consisted in building on the
117.  224.  I. 201.  245.  1. 285.  266.  1. complainant's ground, or inserting or causing any
121.  225.  1. 205.  246.  1. 289.  267.  1. thing to project into his premises, it was better to
125.  226.  1. 209.  247.  1. 293.  268.  1. apply at once to the praetor, or to prevenlt it per
129.  227.  1. 213.  248.  1. 297.  269.  1. mantim, that is, as it is explained "jactu lapilli,"
133.  228.  1. 217.  249.  1. 301,  270.  1. which was a symbol of the use of force for self137.  229.  1. 221.  250.  1.                       protection.
_Many of the ancient writers did not consider    The Edict declared that after a Nuntiatio nohistory to begin till the Olympiad of Coroebus, and  thing should be done, until the Nuntiatio was deregarded as fabulous the events said to have oc- clared illegal (znuntiatio saissa or resissaficrt) or a
curred in preceding times.  (Censorinus, De Die  security (satisdcatio de opere restituendo) was given.
NAttal. c. 21; African. apud Euseb. Prael. x. 1 0. If the person to whom  the notice was given perp. 487, d; Clinton, Fast. Hell. vol. ii. Introd.. p. ii.)  severed, even if lie had a siight to do what he was
The old Olymrlpiad aera appears only to have  doing; yet as he was acting against the praetor's
been used by writers, and especially by historians. edict, he might be compelled to undo what he had
It does not seem  to have been ever adopted  done.  By the Nuntiatio, the parties were brought
by any state in public documents.  It is never within the jurisdiction of the praetor.  In cases
found on any coins, and scarcely ever on inscrip-  where there was danger from the interruption of
tiOns.  There are only two inscriptions published  the work, or the person who was making the Opus
by Biickh in which it appears to be used.  (Corp. Novum  denied the right of the nuntians, he was
lAscr. n. 2682, 2999.)   A  new  Olyrmpiad aera, allowed to go on upon giving a cautio or security
however, came into use under the Roman emperors, for demolition or restoration, in case the law was
which is found in inscriptions and was used in  against him.  When the cantio was given or the
public documents.  This aerla begins in O1 227. 3.  u-ntians waived it, the party was intitled to an
(A. D. 131), in which year Hadrian dedicated the  interdictum prohibitoriumn for his protection in proO(lympieion at Athens; and accordingly we find  secuting the work.
01. 227. 3. spoken of as the first Olympiad, 01.    The effect of the nuntiatio ceased, when the
228. 3. (A. ). 135) as the second Olympiad, &c. cautio was given; when the  nlntians died; when
(Bdcklh, Corp. Inscr. n. 342, 446, 134.5.)          he alienated the property in respect of which he
(Krause, Oylzspia, p. 60, &c.; Wurm de Pond.,  claimed the Jus nuntiandi;  or when the praetor
&c., ~ 94, &c.)                                     permitted the work to go on (operis novi nuntiaONYX.  [SCALPTURA.]                              tioeneo.... renmeisse?-it, Lex Gall. Cis. x.  Dig. 39.
OPA.  [METroPA.]                                 tit. 1i s.'2, ate r)nissam nZintZtiitonem;    Dig. 39.
OPA'LIA, a Roman festi-al in honour of Opis, tit. I; Mackeldevy Lelrbuc/i, &c., 12th ed. ~ 237,
Nwhich was celebrated on the 14th day before the  &e.).                                     [G. L.]
Calends of January (Dec. 19tl), being the third:   OTPI'MA  SPO'LIA.  [SPoLrA.]
day of the Saturnalia, which was also originally      OPINATO'RES were officers uinder the Ro.
celebrated on the same day, when only one dmay  m:an emperors, who were sent intothe provinces to
was devoted to the Iatter festival.  Itwas believed  obtain provisions for the army,  The provisions
that Opis was the wife of Saturnus, and for this  had to be s.upplied to them  within a year.  The
rea.son the festivals were celebrated at the same  etym~ology of the name is uncertain.  (Cod. 12. tit.
time. (Macrob. Sat. i. 12; Varr. de Lin2g. Lat. vi,. 3d. s. 11; Cod. Theold. 7. tit. 4. s. 26; 11. tit. 7.
22, ed. Miiller; Festus, s. v. Opalica.)  The wor- s. 1 6.)
shippers of Opis paid their vows sitting, and touehed  OPISTHO0OMUS.  [TFMPLUIa.]
the earth on purpose, of which she was the god-    OPISTOGRAPHI.  [LIBER.]
dess. (Macrob. 1. c.)                                 OPSO'NTUM, or OBSO'NIUM  (i4ov,, dim.
O'PEIRIS NOVI NUNTIA'TIO was a sum-  ojdaploi; doryfua, Plut. S inpos. Proh. iv. 1), demary remedy provided by the Edict against a per-  noted every thing which was eaten with bread.
son who was making an Opus Novum.  An Opus  Among the ancients loaves, at least preparations
Novurn consisted in either adding something in the  of corn in some form  or other, constituted the
way of building (aedificando) or taking away some-  principal substance of every meal.  But together
thin0 so as to alter the appearance of a thing  with this, which was the staff of their life, they
(./fsces operis).  The object of the nuntiatio was  partook of numerous articles of diet called ojpsonia
either the maintenance of a right (jies), or to pre- or pulmentarica (Cat. de Re Rust. 58; Her. Sat. ii.
vent damage (damnuns), or to protect the public  2. 20), designed also to give nutriment, but still
interest (publicu7n ju2s).  The owner of the pro-  more to add a relish to their food.  Some of thes
3 is 2




:-836           - OPSONIUN. I                                       ORACULUIM.
Irticies were taken from  the vegetable kinlgdom, was his duty, by learning what flavours were mbst
but were much more pungent and savoury than  acceptable to him, by observing what most delighted
bread, such  as olives, either fresh or pickled, his eyes, stimulated his appetite, and even overradishes, and sesamum. (Plato, de Repub. ii. p. 85, came his nausea, to satisfy as much as possible all
ed. Bekker; Xen. Oecon. viii. 9.)  Of animal food the cravings of a luxurious palate. (Sen. Epist. 47;
by much the most common kind was fish, whence  compare Hoer. Sat. i. 2. 9, ii. 7. 106; Plaut. Al:ethe terms under explanation were in the course of naec/. ii. 2. 1, Mil. iii. 2. 73.)  We may also infer,
time used in a confilled and special sense to denote  from an epigram of Martial (xiv. 217), that there
fish only, but fish variously prepared, and more  were opsonatores, or purveyors, who furnished
especially salt fish, which was most extensively  dinners and other entertainments at so much per
employed to give a relish to the vegetable diet head, according to the means and wishes of their
either at breakfast (Menander, p. 70, ed. Meineke), employers.  Spon (Mdiisc. Er2ed. A4t. p. 214) has
or at the principal meal.  (Plaut. Aulul. ii. 6. 3.) published two inscriptions from monuments raised
For the same reason 6bo4'ayos mean't a.gourmand  to the memory of Romans who held the office of
or epicure, and b`ooayi  gluttony.  (Athen. ix. purveyors to the Imperial family.  At Athens both' 1 —37.)  In maritime cities the time of opening  the sale and the use of all kinds of opsonia were
tlhe fish-market was signified by ringing a bell, so  superintended by two or three special officers, apthat all might have an equal opportunity for the  pointed by the senate, and called o4'ovoioLi. (Athen.
purchase of delicacies. (Strab. xiv. 1. ~ 21; P]ut. vi. 12.)                              [J. Y.]
Sympos. Prob. p. 11 87, ed. Steph.)                  O'PTIO.  [ExERacTus, p. 506, a.]
Of the different parts of fishes the roe was the    OPTIMA'TES.  [NosILES.]
most esteemed for this purpose.  It is still pre-    ORA'CULUM   (eUasre7o,, XpIoTrTpIoV)'was
pared from the fish in the very same waters adjoin- used by the ancients to designate the revelations
ing Myus in Ionia, which were given to Themiis- made by the deity to man, as well as the place ill
tolries by the King of Persia.  (Thuc. i. 138; which such revelations were made.  The deity
Corn. Nepos.'iThem. x. 3; Diod. xi. 57.)  A jar was in none of these places believed to appear in
Twas found at Pompeii, containing caviare made from  person to man, and to communicate to him his
the roe of the tunny. (Geil, Powpeiana, 1832, will or knowledge of the future; but all oracular
v-ol. i. p. 178.)                                 revelations were made through some kind of meSome of the principal TrapiXE7lt, or establish-  dium, which, as we shall see hereafter, was diffements for curing fish, were on the southern coast rent in the different places where oracles existed.
of Spain (Strab. iii. 4): but the Greeks obtained  It may, on first sight. seem  strange that there
their chief supply from the Hellespont (Hermippis  were, comparatively speaking, so few oracles of
arp. Ath/en. i. 49, p. 27, e); and more especially  Zeus, the father and ruler of gods and men.  But
Byzantium  first rose into importance  after its although, according to the belief of the ancients,
establishment by the Milesians in'consequence of Zeus himself was the first source of all oracular rethe active prosecution of this branch of industry.  velations, yet he was too far above men to enter
Of all seas the Euxine was accounted by the an- with them  into any close relation; other gods
cients the most abundant in fish, and  the catching  therefore, especially Apollo, and even heroes, acted
of them was aided by their migratory habits, as in  as mediators between Zeus and men, and formed as
the  autumn they passed through  the Bosporus  it were the organs through which he communicated
towards the South, and in spring returned to the  his will.  (Soplh Oed. Col. 629; Aesch. Eum. 19,
Euxine, in order to deposit their spawn in its tri-  611, &c.)  The fact that tile ancients consulted
butary rivers.  At these two seasons they were  the will of the gods on all important occasions of
caught in the greatest quantity, and, having been  public and private life, arose partly from the uniculled, were shipped in Milesian bottoms, and sent versal desire of men to know the issue of what they
to all parts of Greece and the Levant.  The princi- are going to undertake, and partly from the great
pal ports on the Euxine engaged  in this traffic  reverence for the gods, so peculiar to the ancients,
were Sinope and Panticapaeum.  (Heoewisch, Co- by which they were led not to undertake anylonieens der Griechlen, p. 80.)                    thing of importance without their sanction; for
Among the fish used for curing were different it should be borne in mind that an oracle was not
kinds  of sturgeon  (&vrTacaLos, Heriod. iv. 53; merely a revelation to satisfy the curiosity of man,
Schneider, Ecl. PL/hys. i. p. 85, ii. p. 48), tanliy  bult at the same time a sanction or authorisation by
(oaco,uapbs, Hermippus, 1. c.; scomlber; 7rl7Na,eu s   the deity'of what man was intending to do or not
a name still in use with some modification among  to do.  We subjoin a list of the Greek oracles,
the descendants of the ancient Phocaeans at Mar-  ciassed according to the deities to whom they. beseiiles, Passow-, Ieand&tlsrte1rbuc, s. v.), and mullet. longed.
A minute discussion of their qualities, illustrated
by quotations, may be seen in Athenaeus. (iii. 84
-93.)                                                1. Thle oracle of Delpthi was the most celebrated
Plato mentions the practice of salting eggs, of all the oracles of Apollo.  Its ancient name was
which was no doubt intended to convert them into  Pytho, which is either of the same root as ree'a kind of opsonium  (Synmp. p. 404, ed. Bekker). Oai, to consult, or, according to the Homeric hymn
The treatise'of Apicius, de Opsosiis, is still extant on Apollo (185, &e.) derived from  -rvOeoe0at, to
in ten books.                                      putrefy, with reference to the nature of the locaThe Athenians were in the habit of going to  lity.  Respecting the topography of the temple of
mnarkets (Els Tou'/ov) themselves in order to put- Apollo see Pausanias (x. 14. ~ 7) and MUiller (in
chase their opsonia (/m'coven, Theophrast. C/har. Dissen's Pindar, ii. p. 628).  Ini the innermost
28; olpsonare).  [MACELIU1..]  But the opulent sanctuary (the Iu'Xos iVUroY  or tIeyapov), there
Romans had a slave, called opsonator (4cmsls), was the statue of Apollo, which was, at least, in
whose office it was to purchase for his master.  It later times, of gold; and before it there burnt upon




ORACULUM.                                          ORACULUM.                    83X
an altar an eternal fire, which was fed only with  &rEXEia by tle  Delphians.  The Pythia always
fir-wood.  (Aesch. Choeph. 1036; Plit. De El cp.  spent three days, before she ascended the tripod,
Del/pS.)  The inner roof of the temple was covered  in preparing herself for the solemn act, and duilingr
all over with laurel garlands (Aesch. Esu1. 39), and  this time she fasted, and bathed in the Castalian
upon the altar laurel was burnt as incense.  In the  well, and dressed ill a simple manner; she also
centre of this temple there was a small opening  burnt in the temple laurel leaves and flour of barley
(XdTcrla) in the ground from which, from time to  upon the altar of the god. (Schol. adEurip. PAoess.
time, an intoxicating sio ke arose, which was be-  230; Plut.. de Pyth. Or. c. 6.)  Those who conlieved to come from the well of Cassotis. which  stilted the oracle had to sacrifice a goat, or an ox,
vanished into the ground close by the sanctuary.  or a sheep, and it was necessary that these victims
(Pans. x. 24. ~ 5.)  Over this chasm there stood a  should be healthy in body and soul, and to ascerhigh tripod, on which the Pythia, led into the  tain this they had to nndergo. a peculiar scrutiny.
temple by the prophetes (WrposPrrTs), took hlr seat  An ox received barley, and a sheep chick-peas, to
whenever the oracle was to be. consulted.  The  see whether they ate them  witdl appetite; water
smoke rising from  under the tripod affected her  was poured over the goats,. and if this put them
brain in such a man.ner that she fell into a state of into a thorough tremble the victim  was good.
delirious intoxication, and the sounds which she  (Plnt. de Or. Def. 49..)  The victim  which was
uttered in this state were believed to contain the  thus found eligible was called   loar~?p.  (Plut.
revelations of Apollo.  These sounds were care-  Qzuaest. Cr. 9.)  Wachsmuth (HIellen. Alt. ii. p.
fully written down by the prophetes, and afterwards  588, 2d ed.) states that all who came to consult the
communicated to. the personswho had; come to con-  oraclewooe laurel-garlands surrounded with ribands
suilt the oracle.  (Diod., xvi. 26; Strabo, ix. p. of wool; but the passages from which this opinion
419, &c.; Plut. de Orac. Def.)                     is derived, only speak of such persons as came to
The Pythia (the 7rpoqrLms) was always a native  the temple as suppliants.. (Herod. vii. 14; Aesch.
of Delphi (Eurip. Ion, 92), and when she had once  Cloepls.. 1035.).
entered the service of the god she never left it, and    The D.elphians, or more properly speaking the
was never allowed to marry.  In early times she  noble families of Delphi, had the superintendence
was alsways a young girl; but after one had been  of the oracle.  Among the Delphian aristocracy,
seduced by Echecrates the Thessalian, the Del-  however, there were five families which traced
phians made a law that in future no one should  their origin to Deucalion, and from each of these
be elected as prophetess who had not attained the  one of the five priests, called  o'Lots, was taken.
age of fifty years.; but in remembrance of former- (Eurip. Ion, 411; Plut. Quaest. Gr. c. 9. )  Three
days the old woman was always dressed as a  of the names of these families only are known, viz.
maiden. (Diod. 1. c.) The Pythia was generally  the Cleomantids, the Thracids (Diod. xvi. 24;
taken from some family of poor country-people. At  Lycurg. c. Leocrat. p. 158), and the Laphriads.
first there was only one Pythia at a time; but when  (Hesych. s. v.)
Greece was in its most flourishing state, and when   The 0'ess,,together with the high priest or pro.
the number of those who came to,consult, theoracle  phetes, held, their offices for life, and had the conwas very great, there were alwaays two Pythias  trol of all, the affairs of the sanlctuary and of the
who took their seat on the tripod alternately, and  sacrifices. (Herod, viii. 136.)  That these noble
a third was kept in readiness in case some accident families had, an immense influence upon the oracle
should happen to either of the two others. (Plut.  is manifest froslm numerous instances, and it is not
Quaest. Graec. c. 9.)  The effect of the smoke on  improbable tha,t they were its very soul, and that
the whole mental and physical constitution is said  it was they who, dictated the pretended revelations
to have sometimes been so great, that in. her deli-  of the god. (See especially, Lycurg. c. Leocrat. p.
rium  she leaped from the tripod, was thrown into  1518; Herod. vii. 141, vi. 66; PItt. Per-icl. 21
convulsions, and after a few days died. (Plut. de  Eurip. Ion, 1219, 1222, 1110.)
Orac. Def. c. 51.)                                   Most of the oracular answers which are extant,
At first oracles were given only once every  are in hexameters, and in the Ionic dialect. Someyear, on the seventh of the month of Bysius (pro-  times, however, Doric forms also were used. (Her,. t.
bably the same as rhl0ios, or the month for con-  iv,. 157, 159.)  The hexameter was, according to
suiting), which was believed to be the birthday of some accounts, invented by Phemonoe, the first
Apollo (Plut. Qusaest. GC-. c. 9), but as this one  Pythia.  This metrical form  was chosen, partly
day in the course of time was not found sufficient, because the words of the god were thus rendered
certain days in every month were set apart for the  more venerable, and partly because it was easier to
purpose.  (Plnt. Alex. 14.)  The order, in which  remember verse than prose. (Plut. dePytth. Or. 19.)
the persons who came to consult were admitted,  Some of the oracular verses had metrical defects,
was determined by lot (Aesch. Eum. 32; Eurip.  which the faithful among the Greeks accounted for
Ioin, 422); but the Delphian magistrates had the  in an ingenious manner. (Plut. I. c. c. 5.)  In the
power of granting the right of IIpootavseTa, i. e. the  times of Theopompus, however, the custom  of
right of consulting first, and without the order giving the oracles in verse seems to have gradually
being determined  by lot, to such individuals or ceased; they were henceforth generally in prose,
states as had acquired claims on the gratitude of and in the Doric dialect spoken at Delphi.  For
the Delphians, or whose political ascendancy seemed  when the Greek states had lost their political
to give them higher claims than others.  Such was  liberty, there was little or no occasion to consult
the case with Croesus and the Lydians (Herod.  the oracle on nmatters of a national or politics
i. 54), with the Lacedaemonians (Plut. Per. 21),  nature, and the affairs of ordinary life, such as theo
and Philip of Macedonia.  (Demosth. c. Ph.il. iii. sale of slaves, the cultivation of a field, marriages,
p. 119.)  It appears that those who consulted the  voyages, loans of nmcney, and the like, on which
oracle had to pay a certain fee, for Ierodotus  the oracle was then mostly consulted, were littlh
states that the  Lydians were honoured  with  calculated to be spoken of in lofty poetical straini
3u3




838              ORACULUM.                                            ORAC ULUM.
(Plut. de Pvytis. Or. 28.)   When the oracle of Julian, until at last it was entirely done away
Delphi lost its importance in the eyes of the an-  with by Theodosius.
cients, the number of persons who consulted it    Notwithstanding the general obscurity and aminaturally decreased, and in the days of Plutarch  biguity of most of the oracles given at Delphi,
one Pythia was, as of old, sufficient to do all the  there are many also which convey so clear and
work, and oracles were only given on one day in  distinct a meaning, that they could not possibly be
every month.                                         misunderstood, so that a wise agency at the bottom
The divine agency in Pytho is said to have first  of the oracles cannot be denied.  The manner in
been discovered by shepherds who tended their  which this agency has been explained at different
flocks in the neighbourhood of the chasln, and  times, varies greatly according to the spirit of the
whose sheep, when approaching the place, were  age.  During  the best period of their history the
seized with convulsions.  (Diod. xvi. 26;   Plut.  Greeks, generally  speaking, had undoubtedly a
de Defect. Or. c. 42.)   Persons who came near  sincere faith in the oracle, its counsels and directhe place showed the same symptoms, and  re-  tions. lWhen the sphere in which it had most
ceived the power of prophecy.  This at last in-  benefitted Greece became narrowed and confined to
duced the people to build a temple over the sacred  matters of a private nature, the oracle could no
spot.  According to the Homeric hymn on Apollo, longer command the veneration with which it had
this god was himself the founder of the Delphic  been looked upon before. The pious and believing
oracle, but the local legends of Delphi stated that  heathens, however, thought that the god no longer
originallv it wa.s in the possession of other deities, bestowed his former care upon the oracle, and that
sUli as Gaea, Tlhemis,  Phoebe, Poseidon, Night, he was beginning to withdraw from it; while freeCronos, and that it was given to Apollo as a pre- thinkers and unbelievers looked upon the oracle as
sent. (Aeschyl. Ezmss. 3, &c.; compare Paus. x. 5; a skilful contrivance of priestcraft which had then
Ovid. ilIetlca. i. 321; Argum. ad Pined. Pylsh.;  outgrown itself.  This latter opinion has also been
Tzetz. ad Lycoplhr. 202.)  Other traditions again, adopted  by many modern  writers.   The early
and these perhaps the mosntancient  and genuine, Christians, seeing that some extraordinary power
represented Alollo as having gained possession of must in several cases have been at work, reprethe oracle by a struggle, which is generally de-  senlted it as an institution of the evil spirit.  In
scribed as a fight, with Python, a dragon, who  modern times opinions are very much  divided.
guarded the oracle of Gaea or Themis.                liillmann, for example, has endeavoured to show
The oracle of D.lphi, during its best period, was  that the oracle of Delphi was entirely managed and
believed to give its answers and advice to every  conducted by the aristocratic falnilies of Delphi,
one who came with a pure heart, and had no evil which are thus described as forming  a sort of hierdesigns; if he hald committed a crime, the answer  archical senate for all Greece.  If so, the Delphic
was refused until he had atoned for it (Herod. i. senate surely was the wisest of all in the history
19, 22), and he who consulted the god for bad pur- of the ancient world. Klansen, on the other hand,
poses was sure to accelerate his own ruin. (ierod.  seems to be inclined to allow some truly divine iniv. 86; Pans. ii. 18. ~ 2.)  No religious institu-  fluence, and at all events thinks that even in so far
tion in all antiquity obtained such a paramount in- as it was merely managed by men, it acted in most
fluence, not only in Greece, but in all countries  cases saccording to lofty and pure moral principles.
around the Mediterraneasn, in all matters of ili-      The modern literature  on the Delphic oracle is
portance, whether relating to religion or to politics   very rich; the most important works are:- C. F.
to private or to public life, as the oracle of Delphi.  Wilster, De Relisione et Oszac2dco Apollio2is DelpMici,'When consulted on a subject of a religious nature,  Ilafilae, 1827; H. Piotrowski, I)e Gravitate  Orecthe answer was invariably of a kind calculated  culi Delphici, Lipsiae, 1829; R. II. Klansen, in
not only to protect and preserve religious institu.   Ersch us2d Gruber's Esclopdcdie, s. v. Osl'el;  K.
tions, bat to conmmand new ones to be established  D. Hilllmann, Wisd-ligzung des Delphlise en Orekels,
(Demosth. o. Ml:id. 15; Herod. v, 82, i. 165, &c.), Bonn, 1837; AV. Gdtte, Das Deliphische Oreakel,
so that it was the preserver anid promoter of reli- iz seinein poitischlen, relsiji;seo  noed sitlicen E Eisgion throughout the ancient world.  Colonies were fluss au/'die  te 1'elt, Leipzig 1839.
seldom or never founded without having   obtained      2. Oracle at Abae in Phocis.  An oracle was bethe advice and the directions of the Delphic god. lieved to have existed there from very early times
(Cic, (e Div. i. 1.) Hence the oracle was consulted  (Paus. x. 35. ~ 2), and was held in high esteem by the
in all disputes between a colony and its metropolis,  Phocians. (Soph. Oed. Tysr 899; Herod. viii. 33.)
as well as in eases where several states claimed  Some years before the Persian  invasion, the Photo be the metropolis of a colony.  (Thsucyd. i. 25, cians gained a victory over the Thessalians, in which'28; Died. xv. 13.)                                they obtained, among other spoils, four thousand
The Delphic oracle had at all times a leaning  shields, half of which they dedicated in the temple
in favotur of the Greeks of the Doric  race; but of Apollo at Abae, and half in that of Delphi.
the time when it began to lose its influence must  (Herod. viii. 27.) The oracle twas like many others
be dated from the period when Athens and Sparta  consulted by Croesus; but he does not seem to have
entered upon their struggle for the supremacy in  found it agreeing With his wishes. (Herod. i. 46.)
Greece; for at this timlle the partiality for Sparta  In the Persian invasion of Xerxes, the temple of
became so manifest, that the Athenians and their  Abae was burnt down, and, like all other temples
party beoan to lose all reverence and esteem  for  destroyed in this invasioIn, it was snver rebuilt.
it (Plut. Ds720ostlh, 20), tand the oracle became a  The oracle itself, however, remained, and before
oere instrulment in the hanlds of a political party. the battle of Leuctra it promised victory to the
In the times of Cicero and Plutarch many be-  Thebans; but in the Phocian or sacred war, when
lieved that the oracle lhad lost the powvers which it somue Phocian fugitives had taken refiuge in tile
hlad possessed in formrle datys; but it still continued  ruins, they were enitirely destroyed by the Thebans.
to be consulted down to the timles of the emperors  (Paus. 1. c.)   But even after this calamity the




ORACULUM.                                           ORACJ LUMTT.                 839
oracle seems to have been consulted, for the Ro   13.. ~ 6; Strab. xiv. p. 634.)  H-ence this oracle,
moans, from  reverence for it, allowed the inhabit - like that of Delphi, combined purifying or atoning
ants of Abaetogovern themselves.  Hadrian built rites with the practice of prophesying.  (Miller,
a small temple by the side of the old one, some  Dot. ii, 2. ~ 6.) The real antiquity of the oracle,
walls of which were still standing as ruins in the  however, cannot be traced further back than the
time of l'ausanias (x. 35. ~ 2, 3).                latter half of the 7th  century before our aera.
3. Oracle on the hill /'Ptoon, in the territory of (Soldan, p. 553,&c.) The priests called Braichidac,
Thebes.  The oracle was here given through the  who had the whole administration of the oracle,
medium of a man called 7rp6UacTrrs, and the first were said to be the descendants of Branchus.
promantis was said to have been. Teneros, a son of The high priest bore the name Stephanephorus.
Apollo.  (Strab. ix. p. 413; Pans. ix. 33. ~ 3.)  Amongr them was one fllllily whichl possessed the
The oracles were usually given in the Aeolian  hereditary gift of prophecy, and was called the
dialect, but when Mys, the Carian, consulted the  family of the Euangelidae, (Conon, 44.)  The
god, the answer was given in the Carian language  oracle was under the especial mainagement of a,Pans. I. c.), so that instead of the three Thebans  prophet, whose office did not last for life.  The
who generally wrote down the oracles, the Carinn  oracles were probably inspired in a mann: r similar
wvtas obliged to do it himself. (Herod. viii. i 35.)  to that at Delphi. (Pats. v. 7. ~ 3.) Croesus made
When Alexander the Great destroyed Thebes, to this oracle as munificent presenlts as to that of
this oracle also perished. (Paus. ix. 33. ~ 3.)  In  Delphi. (Herod, i. 46, &c.)  The principles whicl
the time of Plutarch the whole district was conl- it followed in its counsels and directions were also
pletely desolate. (De Orac. Def: c. 8.)            the same as those followed by the Delphians. The
4. Oracle of Apollo ut Ismrenzion, in Boeotia,  Persians burnt and plundered  the tenlple as had
south of Thebes.  The temple of Apollo Ismenios  been predicted by the Pythia of Delphi (Herod. vi.
was the national sanctuary of the Thebans.  The  19); but it was soon restored and adorned with a
oracle was here not giv.n by inspiration, as ill fine brazen statue of Apollo (Paus. ii. 10. ~ 4, ix.
other places, but from the inspection of the victims.  10. 1 ~ 2; compare MUiller, Ancieet Art and its
(lierod. viii. 134.)  Oni one occasion it gave its  Remains, ~ 86), which Xerxes on his retreat carprophecy fiom na huge cobweb in the temple of ried with him to Ecbatana.  A part of the BranDeineter. (Diod. xvii. 10; compare Paus. ix. 10. chidae had surrendered to Xerxes the treasures of
~ 2, &c.)                                          the temple, and were at their own request trans5. Oralcke of Apollo at IIysiae, on the frontiers  planted to Bactriana (Strabo, I. c.), where their
of Attica. This place contained an oracle of Apollo  descendants are said to have been severely punished
with a sacred well, from which those drank who  by Alexander for their treachery. (Curt. vii. 5.)
wished to become inspired.  Iel the time of Pausa-  Seleucus sent the statue of Apollo back to Didyma,
nias the oracle had become extinct. (Paus. ix. 2. ~ 1.)  because the oracle had saluted him as king. (Paus.
6. Oracle of Apollo at Teclycra, was an ancient i. 16. ~ 3; Diod. ix. 90.)  The oracle continued
and much frequented oracle in Boeotia, which was  to be consulted after the faithlessness of its minisconducted by prophets.  The Pythia herself on  ters.  Some ruins of the temple at Didyma are
one occasion declared this to be the birth-place of still extant. (Compare the Commentators oil Herod.
Apollo.  In the time of Plutarch the whole dis-  i. 9-2; Suid. s. v. Bpa'yXiata; Droysen, Gesch. Alex.
trict was a wilderness. (Plut. de Orac. Def:  c. 8, des Grossen, p. 307; and an excellent essay by
Pelop. 1 6; Steph. Byz. s. v. Te'yupa.)             W. G. Soldan, Das Orakel desr BJancliden, in
7. Oracle of' Apollo in the village of Ettresis, in  Zism2ssermann's Zeitsclrsi fii'J die Altertlsnzswissen.s
the neighlbourhood of Leuctra. (Steph. Byz. s. v. schqeef, 1841.  No. 66, &c.)
Eurpuoqas; Eustath. ad Iliad. ii. 502.) This oracle   1] 2. Oracle of Alpollo at Claros, in the teroitory
hecaine extinct during  the Macedonian period. of Colophon.  It was said to have been founded by
(Plitt. de Orac. Def/ c. 5.)                        Cretans under Rhacius, previous to the settlement
8. Oracle of Apollo at Orobiae, in Euboea. of the lonians in Asia Minor.  The early legends
Apollo here bore the surname of the Selinlmtian. put this oracle in coirnection with Delphi, from
(Strab. x. p. 445.)                                 whence Manto, the daughter of Teiresias, came to
9. Oracle of' Alpollo in tle Lyceeuin  at Agyos.  Claros, married Rhacius and gave birth to Mopsus,
The oracle was here given by a prophetess. (Plut. from whomn the prophets of Claros were probably
P/sr-h.1 31.)                                       believed to be descended. (Panus. vii. 3. ~~ 1, 2.)
10. Oracle of Apollo Deiradiotes, on the acropo- This oracle was of great celebrity, and continued
lis of Argos.  The oracle was given by a pro-  to be consulted even at the time of the Roman
pbhetess, who Nwas obliged to abstain from  matri-  emperors.  (Pals. vii. 5. ~ 1, &c.; Strab. xiv.
nionial connectionis once in every mionth. She was p. 642; Tacit. Annal. xii. 22.)  The oracles were
believed to become inspired by tasting of the blood  given through an inspired prophet, who was taken
of a lamb which was sacrificed during the night. from certain Milesian fanlilies.  He was generally
This oracle continued to be consulted in the days a man without any refilned education, had only the
of Pausanias (ii. 24. ~ I ).                        names and the number of the persons who consulted
] 1. Oracle of Apol/o (at Dieyica, usually called  the oracle stated to him, and thin descended into
the oracle of the Branchidae, in the territory of a cavern, drlnkle  of the water fiom a secret well,
Miletus.  This was the oracle most generally con- and afterwards pronounced the oracle in verse.
sutilted by the lonians and Aeolians. (Herod. i. (Tacit. Annal. ii. 54.)
158 ) The temple, however, was said to have been    13. Oracle of Apollo at Gryucea, in the territory
founded previously to the arrival of the Ionians on  of the Myrinaeans. (Hecat. EFrkqcz1. 211.)
the coast of Asia (Piaus. vii. 2. ~ 4), and the altar    14. Orccle of' Apollo CoWI2(iaae2,sm inl Lesbos.
was said to have been bnelt by  -leracles, and the  (Schol. Arislophl. Nuls. 145.)
temple by Branchus, a son of Apollo, who had          15. Oracle of Apollo at Abdera.  (Pindar, ap,'
come from Delphi as a purifying priest. (Pais. v. 7'Tcz-es, La:p/coFisr. 445.)
311 u 4




8i4              ORACULUM.                                          ORACULUM.
16. Oracle (of Apollo in Delos, which was only  which, as Hesiod (Frg'Om. 39; Soph. Tirwe. i69:
consulted in summer.  (Callim. Iymln. in Del. i.; Herod. ii. 55) said, dwelt in the stem of a beecsrServ. ad Viry. den. iv. 143.)                     tree.  Hence we may infer that the omlce was not
17. Oracle of Apollo at Palara, in Lycia, was  thought to dwvell in any particular or single tree',
only consulted in winter.  The prophetess (7rpo- but in a grove of oaks and beeches.  The will of
Cavt'rs) spent a night in the temple to wait for the  the god was made manifest by the rustling of trhe
communications which the god might make to hter. wind through the leaves of the trees, which arli
(Herod. i. 182; Serv. ad Vzirg. Aen. iv. 143.)    therefore represented as eloquent tongues.   In
18. Oracle of Apollo at TelinessZs.  The priests  order to render the sounds produced by the wrilds
of this institution did not give their answers by  more distinct, brazen vessels were suspended on
inspiration, but occupied themselves chiefly with  the branches of the trees, which being moved by
the interpretation of dreams, whence Herodotus  the wind came in contact with one another, and
(i. 78; compare Cic. de Div. i. 41; Arrian, ii. 3)  thus sounded till they were stopped. (Suid. s. r.
calls them  Er'yy7 atl.  But they also interpreted  Ao&8W>e; Philostrat. 17naa. ii.)  Another mode of
other marvellous occurrences.  Near Telmessus  producing the sounds was this:- There were two
there was another oracle of Apollo, where those  columns at Dodona, one of which bore a metnl
who consulted it had to look into a vell, which  basin, and the other a boy with a scourge in his
showed them in an image the;answer to their ques-  hand; the ends of the scourge consisted of little
tions. (Panus. vii. 21. ~ 6.)                      bones, and as they were moved by the wind they
19. Oracle of' Apollo at MiarTlos, in Cilicia. knodked against the metal basin on the other
(Strab. xiv. p. 675, &c.; Arrian, ii. 5.)         column.  (Steph. Byz. s. v. ao'svsq: Suid. s. v.
20. Oracle of/tle Sarpedonian Apollo, in Cilicia.  AocSwa7ov XaAKE7oP; Strabo, Exceslpt. ex lib. vii.
(Diod. E xc. xxxv-iii. 12.)                        vol. ii. p. 73, ed. Kramer.)   According to other
21. Oracle of Apollo at IHybla, in- Ca'ia. (Athen. accounts oracles were also obtained at Dodona
xv. p. 672.)                                       through pigeons, which sitting upons oak-trees pro22. Oracle of Apollo at Hiesa Koome, on the  nounced the will of Zeus. (Dionys. Hal. i. 15.) The
Maeander, a celebrated oracle which spoke in good  sounds were in early times interpreted by men,
verses.  (Liv. xxxviii 13; Steph. Byz. s. v.)     but afterwards, when the worship of Dione became
II ORACLRES OF ZEUS.                 connected With that of Zeus, by two or three old
womnen who were called wreXelales or reXatat, be1. Oracle of Zeus at Olymspia. In this as in the  cause pigeons were said to have brought the cormother oracles of Zeus the god did not reveal hIim- mand to found the oracle.  (Soph. Tracl. 169,
self by inspiration, as Apollo did in almost all of with the Schol.; Herod. I. e.; Paus. x. 12. ~ 5.)
his oracles, but he merely sent signs which men  In the time of fierodotus (i. a.) the names of the
had to interpret.  Those who came to consult the  three prophetesses were Promeneia, Timarete and
oracle of Olympia offered a victim, and the priest Nicandra.  They were taken from  certain Dodogave his answers from  the nature of the several naean families, who traced their pedigree back to
parts of the victim, or from accidental circumstances  the mythical ages.  These were, however, at all
accompanying the sacrifice.  (Herod. viii. 134; times priests called ro'duovpo (Strab. 1. c.) connected
Strab. viii. p. 353.)  The prophets or interpreters  with the oracle, who on certain occasions interhere belonged to the family of the Iamids.  In  preted the sounds; but how the functions were
early times the oracle was much resorted to, and  divided between thenl and the Pelaeae is not clear.
Sophocles (Oed. Tyr. 900) mentions it along with  In the historical times the oracle of Dodona had
the most celebrated oracles; but in later times it less influence than it appears to have had at an
was almost entirely neglected, probably because  earlier period, but it was at all times inaccessible
oracles from the inspection of victims might be  to bribes and refused to lend its assistance to the
obtained anywhere.  The spot, where the oracles  Doric interest.  (Corn. Nep. Lysaszd. 3.)  It was
were given at Olympia, was- before the altar of chiefly consulted by the neighbouring tribes, the
Zeus.  (PiUd. 01. vi. 70.)  It was especially those  Aetolians, Acarnanians, and Epirots (Paus. vii. 21.
who intended to take part in the Olympic gamies  ~ 1; Herod. ix. 93), and by those who would not
that consulted the oracle about their success (Pind.  go to Delphi on account of its partiality for the
l0. viii. 2), but other subjects also were brought Dorians.  There appears to have been a very
before it.                                         ancient connection between Dodona and the Boeo-.
2. Oracle of Zees at Dodolaa.  He-e the oracle  tian Ismenion. (Strab. ix. p. 402; compare Miiller,
was given from  sounds produced by the wind.  Orclomz. p. 378, 2d edit.)
The  sanctuary was situated on an  eminence.    The usual form inl which the oracles were given
(Aeschyl. lbProm. 830.)  Although in -a barbarous at Dodona was in hexanmeters; but some of the
country, the oracle was in close connection with  oracles yet remaining are in prose.  In 219 B. c.
Greece, and in the earliest tines apparently much  the temple was destroyed by the Aetolians, and
msore so than: afterwards. (Hem. Il. xvi. 233.)  the sacred oaks were cut down (Polyb. iv. 67), but
Zeus himself, as well as the Dodonaeans, were  the oracle continued to exist and to be consulted,
reckoned among the Pelasgians, which is a proof and does not seem to have become totally extinct
of the ante-hellenic existence of the worship of until the third century of our aera.  In the time of
Zeus in these parts, and perhaps of the oracle also. Strabo the Dodonaean prophetesses are expressly
(1Hesiod. and Ephcor. ap. Strab. vii. p. 327, &c.)  mentioned, though the oracle was already decaying
The oracle was given from lofty oaks covered with  like all the others. (Strab. vii. p. 329.)
foliage  (H-ons. Od. xiv. 328, xix. 297), whence    Compare Cordes, De Oraculo Dodonaeo, GroAeschylus (Promls. 832; compare Soph. T'ach.] 170)  ningen, 1826; J. Arnetl, Ueber das Teatbenorakel
mentions the speaking oaks of Dodona as great von Dodona, WVien, 1840; L. von Lassaulx, Das
w-o1lders.  Beech-trees, however, are also men-  Pelasgisclhe Orakel des Zeus zas Dodona, ein Beitrag
tioned in connection with the Dodonaean oracle, szur Religionsphlilosoplie, Wiirzburg, 1840.




ORACULUML                                          ORACULUM.                    84 1
3. Oracle of Zeus Ammon, in an oasis in Libya, days in quiet and without taking any food, and
in the north-west of Egypt.  According to the  were sometimes allowed to fall into the prophetic
traditions current at Dodona and Thebes in Egypt, sleep, but were prepared for it, and received the
it was founded by the latter city (Herod. ii. 42, advice of the priests; for to all other persons the
-54, &c.), and the form in which the god was re. place was inaccessible and fatal.  There was an
presented at Thebes and in the Ammonium  was annual panegyris in this place, probably of sick
the same; he had in both places the head of a persons who sought relief from  their sufferings.
ram.  (Herod. iv. 181.)  The Greeks became ac- On the middle of the festive day the young men
quainted with this oracle through the Cyreneans, of the gymnasium, naked and anointed, used to
and Sparta was the first city of Greece which  drive a bull into the cave, which, as soon as it had
formed connections with it.  (Paus. iii. 18. ~ 2.) entered, fell down dead.  (Strab. xiv. p. 649 
Its example was followed by the Thebans, Olym- compare xii. p. 579.)
pians, Dodonaeans, Eleans, and others, and the    At Epidaurus Limera oracles were given at the
Athenians sent frequent theories to the Ammo- festival of Ino.  [INOA].  The same goddess had
nium  even before 01. 91 (B1ckh, Publ. Econ. p. an oracle at Oetylon, in which she made revela240, 2d edit.), and called one of their sacred vessels tions in dreams to persons who slept a night in her
Ammonis.  (Hesych. and Suid. s. v.'Ag/uwyv; sanctuary. (Paus. iii. 26. ~ 1.)  Hera Acraea had
Harpocrat. s. v.'Alulovis.)  Temples of Zeus Am- an oracle between Lechaeon and Pagae. (Strab.
mon were now erected in several parts of Greece. viii. p. 380.)
His oracle in Libya was conducted by men who
also gave the answers.  (Diod. xvii. 51.)  Their              IV. ORACLES OF HEROES.
number appears to have been very great, for on    1. Oracle of Amphiaraucs, between Potniae and
some occasions when they carried the statue about Thebes, where the hero was said to have been
in a procession, their number is said to have been  swallowed up by the earth.  His sanctuary was
eighty.  (Died. iii. 50.)  In the time of Strabo  surrounded by a wall and adorned with columns,
(xvii. p. 813) the oracle was very much neglected, upon which birds never settled, and birds or cattle
and in a state of decay.  The Greek writers, who  never took any food in the neighbourhood. (Paus.
are accustomed to call the greatest god of a bar- ix. 3. ~ 2.)  The oracles were given to persons in
barous nation Zeils, mention several oracles of this their dreams, for they had to sleep in the temple
divinity in foreign countries.  (Herod. ii. 29; (Herod. viii. 134) after they had prepared themDiod. iii. 6.)                                     selves for this inczbcatio by fasting one days and by
abstaining from wine for three days.  (Philostrat.IIl. ORACLES OF OTIHER GODe,               Vit. Apoll. ii. 37.)  The Thebans were not allowed
The other gods who possessed oracles were con- to consult this oracle, having  chosen to take the
sulted only concerning those particular departments  hero as their ally rather than as their prophet.
of the world and human life over which they  (Herod. 1. c.)  Another oracle of Amphiaraus was
presided.  Demneter thus gave oracles at Patrae in  at Oropus, between Boeotia and Attica, which was
Achaia, but only concerning sick persons, whether most frequently consulted by the sick about the
their sufferings would end in death or recovery. means of their recovery.  Those who consulted it
Before the sanctuary of the goddess there was a  had to undergo lustrations, and to sacrifice a rain,
well surrounded by a wall.  Into this well a mir- on the skin of which they slept a night in the
ror was let down by means of a rope, so as to swim  temple, where in their dreams they expected the
upon the surface.  Prayers were then performed  means of their recovery to be revealed to them.
and incense offered, whereupon the image of the  (Paus. i. 34. ~ 2, &c.)  If they recovered, they
sick person was seen in the mirror either as a  had to throw some pieces of money into the well
corpse or in a state of recovery.  (Paus. vii. 21. of Amphiaraus in his sanctuary.  The oracle was
~ 5.)  At Pharae in Achaia, there was an oracle  said to have been founded by the Thebans. (Strab.
of I-ersnes.  HIis altar stood in the middle of the ix. p. 399.)
market-place. Incense was offered there, oil-lamps    2. Oracle of Anmplilochus.  He was the son of
were lighted before it, a copper coin was placed  Amphiaraus, and had an oracle at Mallos in Cilicia,
upon the altar, and after this the question was put which Pausanias calls the most trustworthy of his
to the god by a whisper in his ear.  The person  time. (Paus. i. 34. ~ 2; Dion Cass. lxxii. 7.)
who consulted him shut his own ears, and iime-    3. Os-acle of Trophonins at Lebadeia in Boeotia.
diatl]y left the market-place.  The first remark  (Paus. ix. 37. ~ 3.)  Those who wished to conthat he heard made by any one after leaving the  sult this oracle had first to purify themselves by
market place was believed to imply the answer of spending some days in the sanctuary of the good
Hermes. (Paus. vii. 22. ~ 2.)                     spirit and good luclk (a&yaOov Aaleyoos Kal &yaers
There was an Oracle  of Plato acnd Cora at TbXSJs), to live sober and pure, to abstain from
Charax, or Acharaca, not far from Nysa, in Caria. warm baths, but to bathe in the river Hercyna, to
The two deities had here a temple and a grove, offer sacrifices to Trophonius and his children, to
and near the latter there was a subterraneous  Apollo, Cronos, king Zeus, Hera Heniocha, and to
cave of a miraculous nature, called the cave of Demeter Europe, who was said to have nursed
Charon; for persons suffering front illness, and  Trophonius; and during these sacrifices a soothplacing confidence in the power of the gods, tra- sayer explained from the intestines of the victimls
velled to this place, and stayed for some time with  whether Trophonius would be pleased to admit the
experienced priests who lived in a place near thie consultor.  In the night in which the consultor
cave.  These priests then slept a night in the  was to be allowed to descend into the cave of Trocavern, and afterwards prescribed to their patients phonius, he had to sacrifice a ram  to Agamedes,
the remedies revealed to them  in their dreams. and only in case the signs of the sacrifice were
Often, however, they took their patients with them  favourable, the hero uwas thosght to be pleased to
into the cave, where they had to stay for several admit the person into hIis cave.  W'hat took place




8342             0RACULUM.                                            ORACU LUM.
after this was as follows:- Two boys, 13 yeasrs old, where answers were given in dreams while persons
led him  again to the river ILercylna, and bathed  spent the night in the temple.  (Plunt. Cleom. 7,
and anointed him.  The priests then made him  Aglis, 9; Cic. de Div. i. 43.)
driiink from the well of oblivion (A/0rO) that he    8. Oracle of' Phl/rixs, in  Iberia near Mount
might forget all his former thouglits, and from the  Caucasus, where no rams were allowed to be sacriwell of recollection (Mv-s7osdvvsr) that he might re- ficed.  (Strab. xi. p. 498; Tacit. Aonal. vi. 34.)
member the visions which he was going to have.
They then showed him a mysterious representation
of Trophonius, made him worship it, and led him       Another class of oracles are the oracles of th e
into the sanctuary, dressed in linen garments with  dead (vetcvouav revo  or 4vXoro2urrEsov), in which
girdles around his body, and wearing a peculiar those who consulted called up the spirits of the
kind of shoes (Kcparlies) which were customary at dead, and offered sacrifices to the gods of the lower
Lebadeia.  Within the sanctuary which stood on  world.  One of the most ancient and most celcan eminence, there was a cave, into which the per- brated places of this kind was in the country of
son was now allowed to descend by means of a  the'lhesprotians near lake Aornos.  (Diod. iv.
ladder.  Close to the bottom, in the side of the  2-2; Herod. v. 92. ~ 7; Pans. ix. 30. ~ 3.)  Ancave, there was an opening into which he put his other oracle of this kind was at Heraclea on the
feet, whereupon the other parts of the body were  Propointis.  (Plut. Cisn. 6.)
likewise drawn into the opening by some invisible    Respecting the Greek oracles in general see
power.  What the persons here saw was different WVachsmuth, Mellen. Al lte-lh. ii. p. 585, &c.; Klanat differenit times.  They returned  through the  sen, in Essch a usd Grauber's Ecyclolp. s.v. O rakel.
same opening by which they had entered, and the
priests now placed them on the throne of Mnemosyne, asked them  what they had seen, and led    Oracles, in which a god revealed his will through
them back to the sanctuary of the good spirit and  the month of an inspired individual, did not exist
good luck.  As soon as they had recovered from  in Italy.  The oracles of Csalchas and Aesculapius
their fear, they were obliged to write down their mentioned above were of Greek origin, anld the
vision on a little tablet which was dedicated in the  former was in a Greek herourn on mount Garganus.
temple.  This is the account given by Pausanias, The Romans, in the ordinary course of thiigos, did
who had himself descended into the cave, and  not feel the want of such oracles as those of Greece,
writes as an eye-witness.  (Pans. ix. 39. ~ 3, &c.; for they lhad numerous other mreans to discover
compare Philostr. Vit. Apoll. viii. 19.)  The an- the will of the gods, such as the Sibylline books,
swers were probably given by the priests according  augury, hartuspices, signs in the heavens, and the
to the report of what persons had seen in the cave. like, which are partly described in-separate articles
This oracle was held in very great esteem, and  and partly in DIVINATIO.  The only Italian oracles
did not become extinct until a very late period:  known to us are the followinlg:and though the army of Sulla had plundered the    1. Oracle of''cFaunzts.  His oracles are said  to
temple, the oracle was much consulted by the Ro-  have been given in the Saturnian verse, and collecmans (Orig. c. Cels. vii. p. 355), and in the time of tions of his vaticini-a seem  to have existed at an
Plutarch it was the only one among the numerous  early period. (Aurel.Vict. De Orisj.genlt. Rose. c. 4.)
Boeotian oracles, that had not becomne silent. (Plut. The places where his oracles were given were two
de Orac. Des: c. 5.)                                groves, the one in the neighlbourhood  of Tibur,
4. Oac-ole of GCalclas, in Daunia in southern  rounld the well of Albunea, and the other on the
Italy.  Here answers were given in dreams, for  Aventine. (Virg. Aez. vii. 81, &c.; Ovid, Fast. iv.
those who consulted the oracle had to sacrifice a  650, &c.)  Those who consulted the god in the
black rainm, and slept a night in the temple, lying  grove of Albunea, which is said to have been reon the skin of the victim. (Strab. vi. p. 84t.)     sorted to by all the Italians, had to observe the
5. Oracles of Asclepius (Aesculapius).   The  following points: —The priest first offered a sheep
oracles of Asclepius were very numerous.  But the  and other sacrifices to the god.  The skin of the
most important and most celebrated was that of victim was spread on the ground, and the consulEpidaurus.  His temple there was literally covered  tor was obliged to sleep upon it during the niglht,
with votive tablets, on which persons had recorded  after his head had been thrice sprinkled with pure
their recovery by spending a night in the temple. water from the well, and touched with the branch
In the temples of Aesculapius and Serapis at Rome, of a sacred beech tree.  He was, moreover, oblioed
recovery was likewise sought by incubatio in his  several days before this night to abstain from anitemple. (Suet. Claud. 25.) F. A. Wolf has written  mal food fand from matrimonial connections, to be
an essay, BeitrL-aq zzrm Gesch. des Somza1dn77mbmlismmss clothed in simple garments, and not to wear a riing
aus demnt /lterthlmn ( Vermlischte  Scrifiezt, p. 382, on his fingers.  After he fell asleep on the sheep.
&c.), in which he endeavours to show that what is  skin he was believed to receive his answver in
now called Mesmerism, or animal mnagnetisln, was  wonderful visions and in converse with the god
known to the priests of those temples where sick  himself. (Virg. I. c.; Isidor. viii. 11. 87.)  Ovid
persons spent one or more nights for the purpose of (I. c.) transfers some of the points to be observed
recovering their health.  Other oracles of the same  in order to obtain the oracle on the Albunea, to
kind are mentioned in that essay, together with  the orLacle on the Aventine.  Both may have hiad
soime of tile votive tablets still extant.          much in common, but from the story which he re6. Orsle of IHerctcles at Bura in Achaia. Those  lates of Nulma it seems to be clear that on the
who consulted it, prayed and put their questions to  Aventine certain  different ceremonies also were
the god, and then cast four dice painted with  observed.
figures, and the answer was given according to the    2. Orstcles of' Fortusna existed in several Italian
position of these figures. (Panus. vii. 25. ~ 6.)   towns, especially in Latium, as at Antium  and.
7. Os-cle of'Pasir, hct,  at Thalamiae in Laconia,  Praesneste.  Inm the former of these towns two




ORATION ES.                                          ORATOR.                    84 3
sisters Fortunae were worshipped, and their statues  Orationes are sometimes called Litterae or Epistolae
used to bend forward when oracles were given. by the non-juristical writers; but the juristical
(Macrob. Sat. i. 23; compare Horat. Caren. i. 35. writers appear to have generally avoided the use of
1S; Suet. Calig. 57 with Ernesti's note; DomZit. 15.)  Epistola in this sense,, in order not to confound the
At Praeneste the oracles were derived from  lots  Imperial Orationes with the Rescripta which were
(sortes), consisting of sticks of oak with ancient often called Epistolae.  It appears that the Roman
characters graven upon them.  These lots were  jurists used the terms Libellus and Oratio Principis
said to have been found by a noble Praenestine of as equivalent, for the passages which have been
the name of Numerius Suffucius, inside of a rock  referred to in support of the opinion that these two
which he had cleft open at the command of a dream   words had a different sense (Dig. 5. tit. 3. s. 20,
by which he had been haunted.  The lots, when  22), show that Libellus and Oratio Principis are
an oracle was to be given, were shaken up together the same, for the Oratio is here spoken of by both
by a boy, after which one was drawn for the per-  names.  These Orationes were sometimes proson who consulted the goddess. (Cic. de Divin. ii. nounced by the Emperor himself, but apparently
41.)  The lots of Praeneste were, at least with the  they were commonly in the form  of a written
vulgar, in great esteem as late as the time of Cicero, message, which was read by the Quaestors (Dig. 1.
while in other places of Latium  they were mostly  tit. 13): in the passage last referred to, these Imneglected.  The Etruscan Caere in early times had  perial messages are called indifferently Libri and
likewise its sortes. (Liv. xxi. 62.)                Epistolae.  Suetonius (Titus, 6) says, that Titus
a. An Oracle of'jMars was in very ancient times, sometimes read his father's orationes in the senate
according to Dionysius (i. 15), at Tiora Matiena, " quaestoris vice."  5We frequently read of Lit.
not far from Reate.  The manner in which oracles  terae and Orationes being sent by the Emperor to
were here given resembled that of the pigeon-  the Senate.  (Tacit. Ann. iii. 52, xvi. 7.)  The
oracle at Dodona, for a woodpecker (picus), a bird  mode of proceeding upon the receipt of one of
sacred to Mars, was sent by the god, and settled  these Orationes may be collected from the preUpon a wooden column, whence he pronounced the  amble of the Senatusconsultum  contained in the
oracle.                                            Digest (,5. tit. 3). These Orationes were the foundOn Roman oracles in general see Niebuhr, Hist. ation of the Senatusconsulta which were framed
of Ronze, vol. i. p. 508, &c.; Hartung, Die Relig.  upon them, and when the Orationes were drawn
der R6nzer, vol. i. p. 96, &c.          [L. S.J    up with much regard to detail, they contained in
ORA'RIUM  was a small handkerchief used for fact the provisions of the subsequent Senatusconwiping the face, and appears to have been employed  sultum.  This appears from the fact that the Oratio
for much the same purposes as our pocket-handker-  and the Senatusconsultum  are often cited indifchief.  It was made of silk or linen. In the Elytz. ferently by the classical jurists, as appears from
-Mag. (p. 804. 27, ed. Sylb.) it is explained by  numerous passages. (Dig. 2. tit. 15. s. 8; 5. tit. 3..
7rpooa'7rouv  eCluayefov.  Aurelian introduced  the  s. 20, 22, 40; 11. tit. 4. s. 3, &c.)  The Oratio is
practice of giving Oraria to the Roman people to  cited as containing the reasons or grounds of the
use ad fitvoren, which appears to mean for the  law, and the Senatusconsultum for the particular
purpose of waving in the public games in token of provisions and words of the lait.  To the time of
applause, as lwe use our hats and handkerchiefs for Septimius Severus and his son Caracalla, numerous
the seme purpose.  (Vopisc. Auzrel. 48; Casaubon   Senatusconsulta, founded on Orationes, are menad loe.; A ugustin. de Civ. Dei, xxii. 8; Prudent. tioned; and numerous Orationes of these two EmpeEIpZ $TEsP. i. 86; Hieron. acd Nepotian. Ep. 2.)   rors are cited.  But after this time they seem to
ORATIO'NES  PRI'NCIPUM.   The Ora- have fallen into disuse, and the form of making
tiones Principum are frequently mentioned by the  and promiulgating Laws by Imperial constitutiones
Roman writers under the Empire; but those which  was the ordinary mode of legislation.
are discussed under this head have reference to    There has been much discussion on the amount
legislation only, and were addressed to the Senate. of the influence exercised by the Orationes PrinciUnder the Christian Emperors particularly, these  pum on the legislation of the Senate.  But it seems
Orationes were only a mode of promulgating Law  to be tolerably clear, from the evidence that we
as constituted by the Emperor; and we have an  have, and from  the nature of the case, that the
instance of this  even  in the reign of Probus  Oratio might either recommend generally some
(" Leges, quas Probus ederet, Senatusconsultis pro-  legislative  leasure, and leave the details to the
priis consecrarent," Prob. Imp. ap. Flav. Vopisc.  Senate; or it might contain all the details of the
13.); and in a passage of the Institutes of Justinian  proposed measure, and so be in substance, though
(2. tit. 17. s. 7), the expression " Iivi Pertinacis  not in form, a Senatusconsultums;    and it would
oratione cautiln est."  Under the earlier Emperors,  become a Senatusconsultum  on being adopted by
the Orationes were in the form  of propositions  the Senate, which, in the case supposed, would be
for laws addressed to the Senate, who had still in  merely a matter of form.  In the case of an Oratioe,
appearance, though not in reality, the legislative  expressed in more general terms, there is no reason
power.  This second kind of Orationes is often  to suppose that the recommendation of the Emperor
cited by the Classical Jurists, as in the followinsg  was less of a command; it was merely a command
instance fanom Gaius (ii. 285) -  "ex oratione Divi  in more general terms.
Hadriani Senatusconsultum factum est."- " Ora-    (Zimmern, Geschichte des Risle. Privatrechts, i. p.
tione Divi Marci.. quam  S. C. secutum  est."  79; and Dirksen, Ueber die Reden der Il's. IKaiser
(Paulus, Dig. 23. tit. 2 s. 16.)                  eund derenl Eisafiss stitf die Gesetzgebung, in Rlhein.
Many of the Orationes of the Reman emperors,  llts. f'iir Juzrislprdenz, vol. ii.)       [G3. L.]
such as are quoted by the Augustae Historiae    ORA'TOR.  Cicero remarks (Or. Part. c. 28)
Scriptores,are merelycomnmunications to the Senate; that a "certain kind of causes belong to Jus Civile,
such for instance as the announcemnent of a victory. and that Jus Civile is conversant about Laws
(MAaxim. Duo, ap. J. Capitol. 12, 13.)   These  (Lex) and Custom  (ozes) appertaining to things




844                O'RATOR;.                                          ORATOR.
public and private, the knowledge of which, though  porting of his own side of the question by proper
neglected by most orators, seems to me to be neces- argument, it must be admitted with Antonius that
sary for the purposes of oratory."  In his treatise  a very moderate knowledge of law is sufficient; and
on the Orator, and particularly in the first book, indeed even a purely legal argument requires not so
Cicero has given his opinion of the duties of an  much the accumulation of a vast store of legal knoworator and his requisite qualifications, in the form  ledge as the power of handling the matter when it
of a dialogue, in which Lucius Licinius Crassus and  has been collected. The method in which this conM. Antonius are the chief speakers.  Crassus was  summate master of his art managed a cause is stated
himself a model of the highest excellence in ora- by himself (de Or. ii. 72); and Cicero in another
tory: and the opinions attributed to him as to the  passage (Brutus, 37) has recorded his merits as an
qualifications of an orator were those of Cicero him- orator.  Servius Sulpicius, who was the greatest
self, who in the introductory part of the first book  lawyer of his age, had a good practical knowledge
(c. 6) declares that "in his opinion no man can  of the law, but others had this also, and it was
deserve the title of a perfect orator, unless he has something else which distinguished Sulpicius from
acquired a knowledge of all important things and  all his contemporaries-" Many others as well a3
of all arts: for it is out of knowledge that oratory  Sulpicius had a great knowledge of the law;  he
must blossom and expand, and if it is not founded  alone possessed it as an art.  But the knowledge
on matter which the orator has fully mastered and  of law by itself would. never have helped him to
understood, it is idle talk, and may almost be this without the possession of that art which
called puerile." According to Crassus the province  teaches us to divide the whole of a thing into its
of the Orator embraces everything: he must be parts, by exact definition to develope what is imenabled to speak  well on all subjects.  Conse- perfectly seen, by explanation to clear up what is
quently he must have a knowledge of the Jus  obscure; first of all to see ambiguities, then to disCivile (i. 44, &c.), the necessity for which Crassus entangle them, lastly to have a rule by which
illustrates by instances; and he should not only  truth and falsehood are distinguished, and by which
know the Jus Civile, as being necessary when he  it shall appear what consequences follow from prehas to speak in causes relating to private matters  mises and what do not." (Britt. 41.)  W~ith such
and to privata Judicia, but he should also have a  a power Sulpicius combined a knowledge of letters
knowledge of the Jus Publicum which is conver- and a pleasing style of speaking.  As a forensic
uant about a State as such, and he should be falmi- orator then lie must have been one of the first that
liar with the events of history and instances de- ever lived; but still among the Romans his rerived from the experience of the past.  Antoninus  putation was that of a jurist, while Antonius, who
(i. 49) limits the qualifications of the orator to the  had no knowledge of the law, is put on a level as.ommand of language pleasant to the ear and of an orator (patsozeus) with L. Crassus, who of all the
arguments adapted to convince in causes in the  eloquent men of Rome had the best acquaintance
forum and on ordinary occasions.  He further re- with the law.
quires the orator to have competent voice and    Oratory was a serious study among the Romans.
action  and sufficient grace and ease.  Antonius  Cicero tells us by what painful labour he attained
(i. 58) contends that an orator does not require a to excellence. (Brut. 91, &c.)   Roman oratory
knowledge of the Jus Civile, and he instances the  reached its perfection in the century which prccase of himself, for Crassus allowed that Antonius ceded the Christian aera.  Its decline dates from
could satisfactorily conduct a cause, though Anto- the establishment of the Imperial power under
nius, according to his own admission, had never Augustus and his successors; for though there were
learned the Jus Civile, and had never felt the want many good speakers, and more skilful rhetoricians
of it in such causes as he had defended (injure).   under the empire, the oratory of the republic was
The profession then of the orator, who with re- rendered by circumstances unsuitable for the senate,
ference to his undertaking a client's case is also  for the popular assemblies, or for cases of crimes
called patronus (de Or. i. 56, Brilt. 38) was and high Inisdemeanours.
quite distinct from  that of the Jurisconsultus    In the Dialogue De Oratoribus, which is attri[JURISCONSULT], and  also from  that of the  buted to Tacitus, Messala, one of the speakers,
Advocatus, at least in the time of Cicero (ii. 74), attempts (c. 28, &c.) to assign the reasons for the
and even later (de Orat. Dial. 34).  An orator, low state of oratory in the time of Vespasian, when
who possessed a competent knowledge of the Jus the Dialogue was written, compared with its conCivile, would however have an advantage in it, as  dition in the age of Cicero and of Cicero's predeAntonius admits (i..5fi9); but as there were many  cessors.  He attributes its decline to the neglect of
essentials to an orator, which were of difficult at- the discipline under which children were formerly
tainment, he says that it would be unwise to dis- brought up, and to the practice of resorting to
tract him with other things.  Some requisites of rhetoricians (rhetores) who professed to teach the
oratory, such as voice and gesture, could only be  oratorical art.  This gives occasion to speak more
acquired bydiscipline; whereas a competent know- at length of the early discipline of the old orators
ledge of tile law of a case (jisris utilfits) could be  and of Cicero's course of study as described in the.
got at any time from the jurisconsulti (periti) or Brutuis.  The old orators (c. 34) learned their art
from  books.  Antonius thinks that the Roman  by constant attendance on some eminent orator
orators in this matter acted mere wisely than the and by actual experience of business: the orators
Greek orators, who being ignorant of law  had the  of Messala's time were formed in the schools of
assistance of low fellows, who worked for hire, and  Rhetoric, and their powers were developed in exerwere called Pra.gmatici (i. 45): the Roman orators  cises on fictitious matters.  These however, it is
entrusted the maintenance of the law to the high  obvious, were only secondary causes.  The immecharacter of their professed Jurists.              diate causes of the decline of eloquence appear to
So far as the profession of an advocate coisists be indicated by Maternus, another speaker in the
in the skilful conduct of a cause, and in the sup-  Dialogue, who attributes the former flourishing




ORGYIA.                                      OSCHOPHORIA.                  845
coudition of eloquence to the political power which  stretched arms, whence the name, from,?ppyw.
oratory conferred on the orator under the Republic,  (Xen.  ~esaz. ii. 3. ~ 19; Pollux, ii. 158.) It was
and to the party struggles and even the violence  equal to 6 feet or to 4 cubits, and was 1-100th of
that are incident to such a state of society.  The  the stadium. (Herod. ii. 149.)  It may be exallusion to the effect produced by the establish-  pressed nearly enough in English by the word
ment of the Imperial power is clear enough in the fat/lon. (Comp. MENSURA and the Tables.) [P. S.]
following words, which refer both to the Imperial    ORICHALCUM  (SpeiXaAKos),  a metallic comnand the RPepublican periods: " cum mixtis omnibus  pound, akin to copper and bronze, which was
et moderatore uno carentibus, tantum quisque orator highly prized by the ancients.  (See the passages
saperet, quantum erranti populo persuaderi poterat."  in Forcellini, and the other Latin Lexicons.) The
The memorials of Roman oratory are the ora- word has given rise to much doubt; but the truth
tions of Cicero; but they are only a small portion  seems to be that it denotes brass, with which the
of the great mass of oratorical literature. The frag-  ancients became acquainted by fusing zinc ore
mrents of the Roman orators from Appius Caecus  (cadmiuzm, calamine) with copper, although they
and M. Porcius Cato to Q. Aurelius Symmachus, appear to have had scarcely any knowledge of
have been collected by H. Meyer, Zurich, 1 vol. zinc as a metal.  They appear to have regarded
8vo. 2d ed. 1842.                     [G. L.]    orichalcum  as a sort of bronze.  How little acORBUS.  [LEGES JULIAE, p. 692, b.]             quainted they were with its true formation is
ORCA.  [SITELLA.]                              shown by the fact that, deceived by its colour,
ORCHE'SIS (`pXmiris).  [SALTATIO.]            they supposed gold to be one of its constituents,
ORCHESTRA.  [THEATRUM.]                        and then perpetuated their error by a false orthoORCINUS LIBERTUS.  [MANtMlaIsslo.]    graphy, auric/alcucn.  The true derivation is no
ORCINUS SENATOR.  [SENATUS.]                   doubt from  03pos and XaXtKs, that is, mountainORDINA'RIUS JUDEX.  [JUDEr  PEDA- bronze, so called probably because it was obtained
NErus.]                                          by fusing copper with an ore (metal as found in
ORDINA'RIUS SERVUS.  [SasRVus.]               the mountain), and not with an already reduced
ORDO is applied to any body of men, who form  metal.  (See especially Strabo, with Groskurd's
a distinct class in the community, either by pos- note, and Beckman, as quoted in the article MEsessing distinct privileges, pursuing certain trades  TALLUM.)                         [P. S.]
or professions, or in any other way.  Thus Cicero    ORIGINAIRII.  [COLoNATUVS, p. 311, b.]
(Verr. ii. 6) speaks of the "Ordo aratorum, sive    ORNAMEINTA  TRIUMPHA'LIA. [TRIx.
pecuariorum, sive mercatorum."  In the same way  UMPHUS.]
the whole body of sacerdotes at Rome is spoken of    ORNA/TRIX  [COMA, p. 330, b].
as an ordo (Festus, s. v. Ordo Sacerdotusze), and    ORTHODO'RON.  [MENsvRA.]
separate ecclesiastical corporations are called by the    OSCHOPHO'RIA  (o'XoeJppa or woXoXoJpta),
same title. (Ordo collegii nostri, Orelli, Inscr. n. an Attic festival, which according to some writers
2417; Ordo Seviraliuma, Id. n. 2229.)  The liber- was celebrated in honour of Athena and Dionysus
tini and scribae also formed separate ordines. (Suet. (Phot. p. 322, Bekk,), and according to others in
dae Granmaat. 18; Cic. Verr. i. 47, iii. 79.)  The  honour of Dionysus and Ariadne. (Plut. Tl.es. 23.)
Senate and the Equites are also spoken of re- The time of its celebration is not mentioned by any
spectively as the Ordo Senatorius and Ordo Eques- ancient writer, but Corsini (Fast. Att. ii. p. 354)
tris [SENATUS; EQUITEs]; but this name is supposes with great probability that it was held at
never applied to the Plebes.  Accordingly, we find  the commencement of the Attic month Pyanepsion.
the expression " Uterque Ordo " used without any  It is said to have been instituted by Theseus.  Its
further explanation to designate the Senatorial name is derived from &Xaos, iboxos, or'o-Xs7, a
and Equestrian ordines. (Suet. Aug. 15; Vell. Pat. branch of vines with grapes, for it was a vintage
ii. 100.)  The Senatorial Ordo, as the highest, is festival, and on the day of its celebration two
sometimes distinguished as "amplissimus Ordo." youths, called o'rxo6dipot, whose parents were alive,
(Plin. Ep. x. 3; Suet. Otho, 8, Vest. 2.)        and who were elected from among the noblest and
The senate in colonies and municipia was called  wealthiest citizens (Schol. ad Nicand. Alexip/.
Ordo Decurionum (Dig. 59. tit. 2. s. 2. ~ 7; Orelli, 109), carried, in the disguise of women, branches
Inscer. n. 1167; COLONA, p. 318, a), and sometimes of vines with fresh grapes from  the temple of
simply Ordo (Tacit. Hist. ii. 52; Dig. 50. tit. 2. Dionysus  in Athens, to the ancient temple of
s. 2. ~ 3; Orelli, n. 3734), Ordo amplissimus  Athena Sciras in Phalerus.  These youths were
(Cic. pro Cael. 2), or Ordo splendidissimus (Orelli, followed by a procession of persons who likewise
n. 1180, 1181).                                  carried vine-branches5 and a chorus sang hymns
The term  Ordo is also applied to a company  called'aeXoyqoptc/a uEXA, which were accompanied
or troop of soldiers, and is used as equivalent by dances. (Athen. xiv. p. 681.)  In the sacrifice
to Centulria: thus centurions are sometimes called  which was offered on this occasion, women also
"qui ordines duxerunt"' (Cic. Plil. i. 8; Caes. took part; they were called aElrmOodOpOt, for they
Bell. Civ. i. 13), and the first centuries in a legion  represented the mothers of the youths, carried the
"primi ordines."  (Caes. Bell. Gall. v. 28, 44.) provisions (b'#a eKal atla) for them, and related
Even the centurions of the first centuries are oc- stories to them.  During  the sacrifice the staff of
casionally called "Primi Ordines."  (Caes. Bell. the herald was adorned with garlands, amd when
Gall. v. 30, vi. 7; Liv. xxx. 4; Gronov. ad loc.) the libation was performed the spectators cried
[Conip. xYRsciTvus, p. 501, b.]                  out iAEAP mlob, mlo. (Plut. T/les. 22.) The ephebi
ORIGANON.  [HYDRA ULA; MACHINA.]    taken from all the tribes had on this day a contest
O'RGIA.  [MYSTERIA.)                          in racing from the city to the temple of Athena
ORGYIA  (6pyvamd), a  Greek  measure  of Sciras, during which they also carried the  -~Xn7,
length, derived from  the human body, was the  and the victor received a cup filled with five dif.
distance from extremity to extremity of the out- ferent things (7rerd7rAoos,7revta7rAo'a, or7rerTa7rhAi),




1846                OVATIO.                                              PAEAN.
viz. wine, honey, cheese, flour, and a little oil.  chiariot drawn by four horses, lbut on foot; le was
(Athen. xi. p. 4.95.)  According to other accounts  not arrayed in the gorgeous gold embroidered robe,
the victor onlly drank from  this cup.  The story  but ill the simple toga praetexta of a maoistrate;
which was s-imbolically represented in the rites  his brows were encircled with a wreath not of
and celremonies of this festival, and which was said  laurel but of myrtle;  he bore no sceptre in his
to hlave given rise to it, is related by Plutarch  hand;  the procession was not heralded byr trunm(7T'es. 22, 23) and  h)y Proclus (p. 3188, ed. Gais-  pets, headed by  the senate and thronged with vic-'dCrl.  (Conmpare Belkker's Anecdot. p. 318; Ety-  torious troops, but was enlivened by a crowd of
mlol. Mign. and IIesychl. s. v.'nXoi; Suidds, s. v. flute-players, atteinded chiefly by knights and ple-'nryo;dpspie a.nd scrXo~tpos.)         [L. S.]    beians, frequently without soldiers; the ceremonies
OSCl iT,IJU, a diminutive through osculczit   were concluded by the sacrifice nlot of a bull but
fiLni os, ceaninig'  a little face," was the term   of a sheep.  (Plut. Ilrarcell. c. 22; Dionys. v. 47;
iappi-lied to faces or heads of Bacchus, which were  Gell. v. 6; Liv. iii. 10, xxvi. 21.)   The word
sucspen)ded in the vineyards to be turned in every  ovatio seems clearly to be derived from the kinid of
directiou by the wind.  Whichsoever way they  victim  offered, and we need pay little respect to
looked, they were supposed to make the vinles in  the opinion of Festus (s. v. Oerntes), who supposes
that qcuarter friuitful.  (Virg. Geo.?c. ii. 388-392.)  it to have been formed from the glad shout 0! O!
The left-hand figure in the annllexed woodcut is  fiequently reiterated. nor to that of Dionysius,
tacken f'rom  an oscillum  of white marble in the  whose system required him  to trace every customl
British Museum.  The back of the head is want-  to a Greciacn ourigin, and who therefore maintains
ing. and it is concave within.  The mouth ancd  that it is corrupted from  the Bacchanalian  e voL.
pupils of the eyes are perforated.  It represents  Dionysius makes another mistake in assigning a
the countenance of Bacchus with a beaultifuld, mild, laurel chaplet to the conqueror on these occasions,
anld propitious expression ()moltle, honestcmt, Virg. since all the Roman writers agree with Plutarch
1. c.).  A  fillet, spirally twisted about a kind of in represencting that the myrtle crown, henlce called
wreath, scurrounds the head, and descends by the  Ovelis Corona, was a characteristic of the ovation.
ears towards the neck.  The metallic ring, by  (Festus, s.v. Ovalis Corona; Plin. HI. N. xv. 29
which the marble was suspended, still renfmains.  Plut.; Gell. II. cc.)  Compare CORONA, p. 361.
l'he other figure is from  an ancient gem  (Maffei,    In later timres, the victor entered upon horseGemz. Ant. iii. 64), representing a tree with four back (Serv. in Visg. Ae s. iv. 543), and the ovations celebrated by Octavianus, Drusius, Tiberius,
~ O-\            &c., are usually recorded by Dion Cassius by a
reference to this circlmn:stance.  (Dion Causs. xlviii.
31, xlix. 15, liv. 8, 33, Iv. 2.)
4 ~     31'             An ovation was granted when the advantage
1    X  >l l/'~   if \E  r F   gained, although considerable, was not sufficient to,x,~    12,              /)t 4 constitute a legitimate claim to the higher distinc~' W    f   tion of a tricumph, or when the victory had been
~ 0 i    t/g{n  achieved with little bloodshed, as in the case of
Postumius Tnbertus,. who first received this honour
(Plin. H. N. xv. 29); or when hostilities had not
\ 11:;   JQ'/,~ /     been regularly proclaimed (Festus, Gell. 11. cc.);
or when the war had not been completely terminated, which was one of the ostensible reasonis for.oscilla hung upon its branches.  A SYRINX and a  refusing a triumph to Marcellus on his return from
PEDnit are placed at the root of the tree.          Sicily (Plut. 1. c.; Liv. xxvi. 21); or when the
From this noun came the verb oscillo, meaning  contest had been carried on against base and un" to swing."  Swinging (oscillatio) was among the  worthy foes, and hence when the servile bands of
bodily exercises practised by the 1Romans, acnd was  Athenion and Spartacus were destroyed by Perone of the amusements at the Feriae Latinae. perna cad Crassus, these leaders celebrated ova(Festus, s. v.; Hygin. lab. 130; Wunder, Corn-  tions only (Florus, iii. 19  Plin. Gell. I.c.), alnzent. cad Cic. pro  Plane. p. 93; FERIAE, p. though thle latter by a special resolcutionI of the se530, a.]                                [J. Y.]    nate was permitted to wear a laurel crown. L W.R.]
O'SCINES.  [AGURv, P. 175, b.]                      OVI'LE.  FCOsMrTIA. p. 336, b.]
OSTIA'RIUM   was a tax upon the doors of    OLU'SIAS DIKE.  [EN:,omoru DIsu.]J
houses, which was probably imposed along with          OXYBAP'IUM.  [AC~rETAUUaLUM.]
the Colimncasrizcne by the lex sem2fietaria of Julius
Caesar. It was levied by Metellus Scipio in Syria,
together with the Columnarium, on which see Co-                             P.
LvAINARIUM  (Caes. B. C. iii. 32; Cic. ad Faeo.
iii. 8).                                               PA'CTIO, PACTUM.  [OBLIGATIONES.]
OSTIA'RIUS.  [Dovuss p. 4275 b.]                    PAEAN  (Oracicv, raeitl, wracv), a hymn or
O'STIUM.  [JANUA.]                               song which  was originally  sung in honour of
OSTRACISMUS.  [ExsILIUMr, p. 514.]                Apollo, and seems to be as old as the worship of
O'STRACON  (ihorpaKoe).  [FCTILEc.]             this deity.  The etymology of the word is doubtOVA'TIO, a lesser triumph,; the terms em-  fll.  Some suppose that it obtained its name from
ployed by the Greek writers on Roman history are  Paeon, the god of healing; but in the Homeric
sva, Ecwo'ruvsv, wrebs;Spiagog.  The circumstances  poems Paeon is always spoken of as a separate
by which it was distinguished from the more im-  divinity, distinct from  Apollo.   Other writers,
posing solemnity [TRIUMPHUS] were the follow-  with still less probability, connect it with crefsw, to
ing: -  The- general did. not enter the_ city i- a  strike. - --  --




PAEDAGOGUS.                                        PAEDAGOG US.                  847
The paean was always of a joyous nature, and  office of tutor in a Grecian family of rank and
its tune and sounds expressed hope and confidence.  opulence (Plato, dle Repub. i. p. 87, ed. Bekker, de
The sound of 1i1 appears to have been invariably  Leg. vii. pp. 41, 42) was assigned to one of' the most
connectedwithit. (Athen.xv. pp. 696, e.f. 701,b.c.)  trustworthy of the slaves.  The sons of his master
It was sung by several persons, one of whom pro-  were committed to his care on attaining their sixth
bably led the others, and the singers either marched  or seventh year, their previous education having
onwards or sat together at table.  Thus Achilles  been conducted by females.  They remained with
after the death of Hector calls upon his companions  the tutor (zeg2ister) until they attained the age of
to return to the ships, singing a paean on account puberty.  (Ter. Ande. i. 1. 24.)  His duty was
of the glory they had gained (II. xxiii. 391); and  rather to guard them  from evil, both physical and
the Achaeans, after restoring  Chryseis to her moral, than to communicate instruction, to cultivate
father, are represented as singing a paean to Apollo  their minds, or to impart accomplishments.  iHe
at the end of the sacrificial feast, in order to ap-  went with them  to and from the school or the
pease his wrath.  (11. i. 473.)  From these pas-  GYMNASIUM (Plato, Lysis, p. 118); he accomsages it is clear that the paean was a song of panied them out of doors on all occasions; he was
thanksgiving, when danger was passed, and also a  responsible for their personal safety, and for their
hrmn to propitiate the god.  It was sung at the  avoidance of bad company. (Bato, ap. Atlien. vii. p,.
solemn festivals of Apollo, especially at the Hya-  279.) The formation of their morals by direct su.
cinthia (esr T'r'TatdlOIa &'rl -rb V    raLaia, Xen. perintendence belonged to the 7rma6o0o,uoi as public
Iell. iv. 5. ~ 11, Ages. ii. 17), and was also sung  officers, and their instruction in the various branches
from very early times in the temples of the god. of learning, i. e. in grammar, music, and gymnas(tHom. 1iy7zzn. ad Apoll. 514; Eurip. Ion, 125, tics, to the 8coSJcah.ro or praeceptores, whom Plato
&c.)                                               (ll. cc.), Xenophon (de Lac. Rep. ii. 1, iii. 2),
The paean was also sung as a battle song, both  Plutarch (de Lib. Ed. 7), and Quintilian (Inst. Or.
before an attack on the enemy and after the battle  i. 1. 8, 9) expressly distinguish from the paedaeogi.
was finished. (Thucyd. i. 50, iv. 43, ii. 91, vii. 44; These latter even carried the buoks and instruXen. Anab. i. 8. ~ 17, &c.)  This practice seems  ments which were requisite for their young masters
to have chiefly prevailed among the Dorians, but in studying under the sophists and professors.
it was also common among the other Greek states.    This account of the office is sufficient to explain
The origin of it is said to have arisen from the fact, why the *ratiaywyos so often appears on the
that Apollo sang it after his victory over the Pythian  Greek stage, both in tragedy, as in the leednea,
dragon.  The paean sung previous to an engage- Phoenissae, and Ion of Euripides, and in comedy,
ment wvas called by the Spartans iraiasv EBuaTriptosO. as in the Bacchides of Plautus.  The condition of
(Plut. Ly?/. 22.)  The Scholiast on Thucydides (i. slavery accounts for the circumstance, that the
50) says, that the paean which was sung before  tutor was often a Thracian (Plato, Alcib. i. p. 341,
the battle was sacred to Ares, and the one sung  ed. Bekker), an Asiatic, as is indicated by such
after to Apollo; but there are strong reasons for names as Lydus (Planut. 1. c.), and sometimes an
believing that the paean as a battle-song was in  eunuch. (Herod. viii. 75; Corn. Nep. Tlhemzist. iv.
later times not particularly connected with the  3; Polyaen. i. 30. ~ 2.)  Hence also we see why
worship of Apollo.  (Bode, Gesch. der lyrisch. these persons spoke Greek with a foreign accent
Dichltkunst der Hellenen, vol. i. pp. 9, 10, &c.)  It  (/7roeapeap'orvTer, Plato, Ly/is, p. 145, ed. Bekker).
is certain that the paean was in later times sung  On rare occasions, the tutor was admitted to the
to the honour of other gods besides Apollo.  Thus presence of the daughters, as when the slave, susXenophon relates that the Lacedaemonians on one  taining this office in the royal palace at Thebes,
occasion sang a paean to Poseidon, to propitiate  accompanies Antigone while she surveys the behim after ar earthquake (Hell. iv. 7. ~ 4), and also  sieging army from the tower. (Eurip. PhLoen. 87that the Greek army in Asia sang a paean to  210.)
Zeus.  (A nab. iii. 2. ~ 9.)                         Among the Romans the attendance of the tutor
In still later times, paeans were sung in honour on girls as well as boys was much more frequent,
of mortals.   Thus Aratus sang paeans to the  as they were not confined at home according to
honour of the Macedonian Antigonus (Plut. Cleome. the Grecian custom. (Val. Max. vi. 1. ~ 3.)  As
16); a paean composed by Alexinus was sung at luxury advanced under the emperors, it was strikDelphi in honour of the Macedonian Craterus; and  ingly manifested in the dress and training of the
the Rhodians celebrated Ptolemaeus I., king of beautiful young slaves who were destined to beEgypt, in the same manner.  (Athen. xv. p. 696, come paedagogi, or, as they were also termed,
e. f.)  The Chalcidians, in Plutarch's time, still paedaogo/ia and pueri paeedagjogiani. (Plin. H. nA.
continued to celebrate in a paean the praises of xxxiii. 12. s. 54; Sen. Epist. 124, De Vita beata,
their benefactor, Titus Flaminius. (Plut. l1anz. 16.)  17; Tertull. Apol. 13.)  Augustus assigned to
The practice of singing the paean at banquets, them  a separate place, near his own, at the public
and especially at the end of the feast, when liba- spectacles. (Sueton. Alg. 44.) Nero gave offence
tions were poured out to the gods, was very an- by causing free boys to be brought up in the delicient.  It is mentioned. by Aleman, who lived in  cate habits of paedagogi. (Sueton. Ner. 28.) After
the seventh century B. c. (Strab. x. p. 482.)  The  this period numbers of them were attached to the
paean continued to be sung on such occasions till a  imperial family for the sake of state and ornalate period. (Xen. Syomp. ii. 1; Plut. Symop. vii. 8. mInet, and not only is the modern word page a
~ 4.)                                              corruption of the ancient appellation, but it aptly
(Mtiller, Ilist. of Greek Literatulre, pp. 19, 20, expresses the nature of the service which the pae.
Dorians, ii. 6. ~ 4; Bode, Gesch. der lyrisch., &c. dagogia at this later era afforded
vol. i. pp. 7-77.)                                   IIn palaces and other great houses the pages slept
PAEDAGO'GIA.  [PAEDAGOGUS.]                     and lived in a separate apartment, which was also
PAEDAGO'GUS (7rmataywy'es), a tutor.  The  called poaeCdagogiuma. (Piin. Epist. vii. 27.)  [J. Y.]




848                  PAENULA.                                          PALA.,
PAEDO'NOMUS (rrasaso,veuos), was a magis.          Tlhe p enlla was usually lmade of wool (Plin.
trate at Sparta, who had the genera.l superintend- /i. N. viii. 48. s. 73), and particularly of that kind
ence of the education of the boys.  His office was  which wats called Gausapa [GAUSAPA] ( paenula
considered very honcurable, and he was always gausapina, Mart. xiv. 145).  It was also somnechosen from the noblest citizens. He had to make  times made of leather (paenula scortea, Mart. xiv.
a general inspection of the boys, and to punish  130).  Seneca (Qanest. Nat. iv. 6) speaks of
severely all those who had been negligent or idle; " paenulae ant scorteac," but he appears only to
for which purpose  saorrLyo'opot were assigned to  use this expression be ause paenulae were usually
him by Lycurgus.  Those who were refractory he  made of wool.  (Bartholini, de Paenula; Becker,
aight bring before the Ephors.  The more imme- Gacllus, vol. ii. p. 93.)
diate inspection of the gymnastic exercises of the    PAGANA'LIA.  [PAGI.]
boys belonged to magistrates called PLi3aeom. [Bi-    PAGA'NI.  [PAG1.]
DIAEI.] (Xen. Rep. Lac. ii. 2, iii. 10, iv. 6; Plut.    PAGA'NICA.  [PILA.]
IYe. 17; Hesychius, s. v.; Krause, Gymnastik und    PAGI, were fortified places, to which the counAgon. der tHelencen, pp. 254, 677.)               try-people might retreat in case of an hostile inPAEDOTRI'BAE  (Oras3oTpLal), [GY.MNASi- road, and are said to have been instituted by
UM, p. 581, b.]                                   Servius Tulllus (Dionys. iv. 15); though the divi..
PAE'N ULA was a thick cloak, chiefly used by  sion of the country-people into pagi is as old as
ithe Romans in travelling instead of the toga, as a  the time of Numa (Dionys. ii. 76.)  Each of the
protection against the cold and rain. (Cic. pro Alil. country-tribes was divided into a certain number'20; Quintil. vi. 3. ~ 66.)  Hence we find the ex- of pagi; which name was given to the country adpression of scindere paenulam (Cic. ad AtU. xiii. 33) joining the fortified village, as well as to the village
used in the sense of greatly pressing a traveller to  itself. There was a magistrate at the head of each
stay at one's house.  The paenula was worn by  pagus, who kept a register of the names and of
women as well as by men in travelling. (Dig. 34. the property of all p:rsons in the pagus, raised the
tit. 2. s. 23.) It appears to have been a long cloak  taxes, and summoned the people, when necessary,
without sleeves, and with only an opening for the  to war. Each pagus had its own sacred rites, and
head, as is showvn in the following figure taken  an annual festival called Paganalia. (Dionys. iv.
fiom Bartholini.  If this is a real example of a  15; Varro, de Lin7g. Lat. vi. 24, 26, ed. Muller;
paenula, it would seem that the dress was sewed  Macrob. Saturn. i. 16; Ovid, East. i. 669.)  The
in front about half way down, and was divided  Pagacoi, or inhabitants of the pagi, had their reinto two parts, which might be throwtn back by  gular meetings, at which they passed resolutions,
the wearer so as to leave the arms comparatively  many of which have come down to us.  (Orelli,
free: it must have been put on over the head. Inser. n. 3793, 4083, 106, 202, 2177.)  Tile diThis figure explains the expression of Cicero (1pjro  vision of the country-people into pagi continued to
Mil. 1. c.), " paenula irretitus;" and of the author the latest times of the Roman empire, and we find
of the Dialoglis de Oratoribus (c. 39), "paenulis  frequent mention of the magistrates of the pagi
adstricti et velut inclusi.1"                      under the names of Magistri, Praefecti or Prae.
positi pagorum. (Orelli, Inscr. n. 121, 3795, 3796;
Cod. Theod. 2. tit. 30. s. 1; 8. tit. 15. s. 1; Wal.
r~c'S~~~ A           1 ter, G;esclichte des R7en. Rec/ts, ~~ 26, 164, 247,
366, 2d ed.)
The term Pagani is often used in opposition to
milites, and is applied to all who were not soldiers,,~i\z     \ 6,~ X   /~'l       even though  they did not live in the country.
(Milites et pagani, Plin. Ep. x. 18; Juv. xvi. 32;
Suet. Aug. 27, Gatlb 19; Dig. 11. tit. 4. s.; 48.
tit. 19. s. 14, &c.).  Hence we find Pagani or citizens applied as a term of reproach to soldiers who
did not perform  their duty (Tacit. Hist. iii. 24),
in the same way as Julius Caesar addressed his
rebellious soldiers on one occasion as Quirites.
The Christian writers gave the name of Pagani
to those persons who adhered to the old Roman
religion, because the latter continued to be generally believed by the country-people, after Christianity becanime the prevailing religion of the in.
habitants of the towns.  (Isidorus, viii. 10; Cod.
Theod. 16. tit. 10; Cod. Just. 1. tit. 11.)
PALA (7r7To'O, mc'carrdyv, rcamplior,,uaacEAXa), a
spade. (Cato de Re MRst. 10; Plin. If. N. xvii.
Under the emperors the paenula was wtorn in  17. s. 27, xvii. 22. s. 35.) The spade was but little
the city as a protection against the rain and cold  used in ancient husbandry, the ground having been
(Juv. v. 79), but women were forbidden by Alex- broken and turned over by the plough, and also
ander Severus to wear it in the city. (Lamprid.  by the use of large hoes and rakes.  [Lroo; RAsAlex. Sev. 27.) At one time, however, the paenula  TRtuM.]  But in some cases a broad cutting edge
appears to have been commonly wvorn in the city  was necessary for this purpose, as, for example,
instead of the toga, as we even find mention of when the ground was full of the roots of rushes or
orators wearing it when pleading causes (Dial. de  other plants. (Plin. IT. N. xviii. 8.)  Also in gar-,Orat. 39), but this fashion was probably of short dening it was an indispensable instrument, and
duration.                                          it was then made on the same principle as the




PA:LAESTRA.                                           PALILIA.                 84,I9
plough-share, viz. by casing its extremity with- senses at various periods, and its exact meaning,
iron. (Colum. x. 45.) The annexed woodcut, taken  especially in relation to the gymnasium, has occafrom a funeral monument at Rome (Fabretti, In-  sioned much controversy among modern writers.
scrip. Ant. p. 574), exhibits a deceased countryman  It first occurs in Herodotus (vi. 126, 123), who
with his faix and bidens, and also with a pals, says that Cleisthenes of Sicyon built a dromos and
modified by the addition of a strong cross-bar, by  a palaestra, both of which he calls by the general
the use of which he was enabled to drive it nearly  name of palaestra.  At Athens, however, there
twice as deep into the ground as he could have  was a considerable number of palaestrae, quite
done without it. In this form the inlstrument was  distinct from  the gymnasia, which were called
by the names either of their founders, or of the
teachers who gave instruction there; thus, for example, we read of the palaestra of Taureas. (Plat.
C/sarm'Zid. init.) Krause (Gyns7sastilck nd Agonistikl
der  IflelleEzen, p. 117, &c.) contends that the palaestrae at Athens were appropriated to the gymnastic exercises of boys and youths (sraeEs and
eitpd tta), and the gymnasia to those of men; but
Becker (C/larikles, vol. i. pp. 311, 335, &c.) has
shown that this cannot be the true distinction, altlough lit appears that certain places were,for obvious:/ \- / _reasons, appropriated to the exclusive use of boys.
(Aesch. c. Tisarlch. p. 35, Reiske.)  But that the
boys exercised in the gymnasia as well, is plain
from  many passages (Antiph. de Caed. invol. p.
-\t/   /   u  661, Reiske; rais &cpaos a7ro yvumvaiov, Aristoph.
-Av. 138, 140); while, on the other hand, we read
of men visiting the palaestrae. (Lucian, Navig. 4.
vol. iii. p. 251, Reitz.)
I t appears most probable that the Palaestrae
were, during the flourishing times of the Greek
republics, chiefly appropriated to the exercises of
wrestling and of the pancratium, and were principally intended for the athletae, who, it must
be recollected, were persons that contended in the
called bipaliztne, beinlg employed inl trenching (pas-  public games, and therefore needed special train.
tinatio), or, when the ground was full of roots to  ing. This is expressly stated by Plutarch (Synsp.
a considerable depth, in loosening them, turning  ii. 4), who sa-s, " that the place in which all the
them over, and extirpating them, so as to prepare  atlhletae exercise is called a palaestra;" and we
the soil for planting vines and other trees.  By  also learn fironl Pausanias (v. 15. ~ 5, vi. 21. ~ 2),
means of this implement, which is still used in  that there were at Olympia palaestrae especially
Italy and called vanga, tle ground was dug to the  devoted to the athletes.  In Athenaeus (x. p.
depth of two spades or nearly two feet. (Plin.  417, f.) -we read of the great athletes Damippus
II. N. xviii. 26. s. 62;. Cat. de Re Rust. 6, 45,  coming out of the palaestra;  and Galen (arepl Tro
151; Varr. de Re Rust. i. 37; Col. de Re Rust.  ti flncpas  r-paipaas 7yvtraal ov, c. 5) places the
v. 6. p. 214, xi. 3. p. 450, ed. Bip.)            atlletae in the palaestra. (Krause, Ibid. p. 115.)
Cato (Ibid. 11) mentions wrooden spades (palets    The Romans had originally no places correspond-!i.igzeas) taongiel0 the implements necessary to the  ing to the Greek gymnasia and palaestrae; and
husbandlman.  One principal application of them   when townards the close of the republic, wealthy
was in winnowing.  The winnowing-shovel, also  Romans,: in imitation of the Greeks, began to build
called in Latin ventilabsrns7, is still generally used  places for exercise in their villas, they called themn
in Greece, and the made of employing it is ex-  indifferently gymiasiaandpalaestrae. (Cic. ad Att.
hibited by Stuart in his "' Antiquities of Athens."  i. 4, 8, 9, 10,. ad Qu. Fr. iii. 1. ~ 2, Verr. v. 72.)
The corn which has been threshed lies in a heap  The words were thus used by the Romans as
upon the floor, and the labourer throws it to a dis-  synonymous; and accordingly we find that Vitrutance with the shovel, whilst the wind, blowing  -ius (v. 11) gives a description of a Greek gymstrongly across the direction in which it is thrown,  nasium ander the name of palaestra.
drives the chaff and refuse to one side. (Theocrit.    PALA'RIA.  [PALUS..].
vii. 156; Matt. iii. 12; Lulke, iii. 17.) The fruit of    PALATI/NI LUDI.  [LUDI PALATINI.]
leguminous plants was purified and adapted to be    PALE (7rdxA).  [LUCTA.]
used for food in the same manner.  (Horn. I. v.    PALItLIA, a festival celebrated at Rome every
499-502, xiii. 588-592.)                           year on the 21st of April, in honour of Pales, the
The terml pala was applied anciently, as it is in  tutelary divinity of shepherds. Some of the ancient
modern Italian, to the blade or broad part of an  writers called this festival Parilia, deriving the
oar. [REMus.]  In a rinlg the broad part, which  name from pario, because sacrifices were offered
held the gem, was called by the name of palc  on that day pro partu pecoris. (Fest. s. v. Pales;
[ANNULUS.]                             rJ. Y.]    compare Popularia sacsra; Varro, de Ling. Lat.
PALAESTE. [PALievs; MEImNsuRA,p.751,b.]  vi. 15; Dionys. i. 88.) The 21st of April was the
PALAESTRA (mraAeosirpa) properly imeans a  day on which, according to the early traditions of
place for wrestling (7raAaiely, raciKl), and appears  Rome, Romulus had commenced the building of
to have originally formed a part of the gymna-  the city, so that the festival was at the same tinme
asim.  The word was, however, used in different  solesmnised as the dies natalitius of Rome (Fest.
3r




8,50              PALILIA.                                           PALLIUIM.
J. v. Parilibus; Cic. de Divin. ii. 47; Varro, de  him, and had commenced its second existence.
Re Rust. ii. 1; Plin. H. N. xviii. 66); and some  (Suet. Calig. 16.)  Athenaeus (1. c.) says, that
of the rites customary in later times were said to  before his time the name Palilia had been changed
have been first performed by Romulus when he  into Romana ('Po#Aata).  Whether this change
fixed the pomoerium. (Dionys. 1. c.) Ovid (Fast. of name was occasioned by the decree in the
iv. 731, &c.) gives a description of the rites of the  reign of Caligula just mentioned, is unknown.
Palilia, which clearly shows that he regarded it as  (Comp. Hartung, Die Relig. des R tlner, vol. ii.
a shepherd-festival, such as it must originally have  p. 150, &c.)                         [L. S.]
been when the Romans were real shepherds and    PALIMPSESTUS.  [LIBEa.]
husbandmen, and as it must have continued to be    PALLA.  [PALLIUM.]
among country-people in his own time, as is ex-    PALLACE (7raAxaecd).  [CoNcuBINA.]
pressly stated by Dionysius; for in the city itself    PALLIA'TA   FA'BULA.   [Co0M1OEDIA, p.
it must have lost its original character, and have  346.]
been  regarded  only as the dies natalitius of    PAILLIUM, dim. PALLIOLUM,poet. PALRome.  The connection, however, between these  LA  (Plant. Men. ii. 3. 41-47; Ovid. Azmor. iii.
two characters of the festival is manifest, as the  1. 12, iii. 2. 25) ([/udieTov, dimn. IpLais8tov; Ion.
founders of the city were, as it were, the kings of and poet. 4papos). The English cloak, though comshepherds, and the founders of a religion suited to  monly adopted as the proper translation of these
shepherds.                                         terms, conveys no accurate conception of the form,
The first part of the solemnities, as described  material, or use of that which they denoted. The
by Ovid, was a public purification by fire and  article designated by them  was always a rectansmoke.  The things burnt in order to produce  gular piece of cloth, exactly, or at least nearly,
this purifying smoke were the blood of the Oc- square (TeTpdaywva idLMra, Posidonius ap. Athez.
tober-horse, the ashes of the calves sacrificed at v. p. 213; quadrangy2uls, Tertull. de Pallio, 1).
the festival of Ceres, and the shells of beans. Hence it could easily be divided without loss or
The people were also sprinkled with water; they  waste into four parts. (John, xix. 23.)  It was
washed their hands in spring-water, and drank  indeed used in the very form in which it was
milk mixed with must. (Ovid. Fatst. 1. c.; compare  taken from the loom [TELA], being made entirely
Propert. iv. 1. 20.)  As regards the October-horse  by the weaver (Tb ltdrtomv vtp5vraL, Plat. Czar71'm.
(equus October) it must be observed that in early  pp. 86, 98. ed. Heindorf; Hipp. Alin. p. 210, ed.
times no bloody sacrifice was allowed to be offered  Bekker), without any aid from  the tailor except
at the Palilia, and the blood of the October-  to repair (sascire, &se-iGart) the injuries which it
horse, mentioned above, was the blood which had  sustained by time.  Although it was often ornadropped from the tail of the horse sacrificed in nmented, more especially among the northern nathe month of October to Mars in the Campus  tions of Europe, with a fringe [FIosBRIAE], yet
Martius. This blood was preserved by the Vestal this was commonly of the same piece with the
virgins in the temple of Vesta for the purpose of pallium itself.  Also whatever additional richness
being used at the Palilia.  (Solin. p. 2, d; Fest. and beauty it received from the art of the dyer,
s. v. October equus; Plut. Rom7ul. 12.)  When  was bestowed upon it before its materials were
towards the evening the shepherds had fed their  woven into cloth or even spun into thread.  Most
flocks, laurel-branches were used as brooms for commonly it was used without having undergone
cleaning  the stables, and for sprinkling water any process of this kind.  The raw material, such
through them, and lastly the stables were adorned  as wool, flax, or cotton, was manufactured in its
with laurel-boughs. Hereupon the shepherds burnt natural state, and hence blankets and sheets were
sulphur, rosemary, fir-wood, and incense, and made  commonly white (XsEosC i/ udrLa, Artemidor. ii. 3),
the smoke pass through the stables to purify  although from the same cause brown, drab, and
them; the flocks themselves were likewise puri-  grey  were also prevailing  colours.  The more
fled by this smoke.  The sacrifices which were  splendid and elegant tints were produced by the
offered on this day consisted of cakes, millet, mills, application of the murex (muricata, conchlyliate,
and other kinds of eatables.  The shepherds then  purpirea, vestis; 7ropipvpois, dAouvp?~ iuamra, Heoffered a prayer to Pales.  After these solemn  raclides Pont. ap. Athen. xii. p. 512), the kernies
rites were over, the cheerftul part of the festival (cocciszemes, KIlcJtcvov), the argol (fucatus), and the
began: bonfires were made of heaps of hay and  saffron (crocems, c pocTsrdv).  [CROCOTAt.]  Pale
straw, and under the sounds of cymbals and flutes green was also worn (6zqdictrov,  Pollux, Onom.
the sheep were again purified by being compelled  vii. 56).  Black and grey pallia were either made
to run three times through the fire, and the shep- from the wool of black sheep (Theocrit. v. 98) or
herds themselves did the same.  The festival was  were the result of the art of the dyer. They were
concluded by a feast in the open air, at which the  worn in mourning (juFAava lud~ra, Xen. Iist. Gr.
people sat or lay upon benches of tur;  and drank  i. 7. ~ 8; Artemidor. 1. c.; paasv iEO8ra, Inscripplentifullly.  (Tibull. ii. 5. 87, &c.; compare Pro- tion zin Fellows's Journal, 1838, p. 31), and by
pert. iv. 4. 75.)                                 sorceresses. (Hor. Sat. i. 8. 23.)  The pallium of
In the city of Rome the festival must, at least one colour (ZitdXpoov iudlrtov, literally " the selfin later times, have been celebrated in a different coloured," Artem. I. c.) was distinguished from the
manner; its character of a shepherd-festival -was  variegated (7rocKiAov); and of this latter class the
forgotten, and it was merely looked upon as the  simplest kinds were the striped (pacwT7Orv, Xen.
day on which Rome had been built, and was cele- Cyrop. viii. 8. ~ 8), ill which the efiect was probrated as such with great rejoicings. (Athen. viii. duced by inserting alternately a woof of different
p. 361.)  In the reign of Caligula it was decreed  colours, and the check or plaid (scutilatam., tessethat the day, oil which this emperor had come to IZlatum), in which the same colours were made to
the throne, should be celebrated under the name  alternate in the warp also.  Zeuxis, the painter,
of Palilia, as if the empire had been revived by  exhibited at the Olympic games a plaid having




PALLIUM.                                            PALLIUM.                   851
his name woven in the squares (tessersae, 7rAv0fa)  (Isid. Hisp. Orig. xix. 25), but also distinguished
in golden letters. (Plin. H. N. xxxv. 9. s. 36. 2.) by the specific terms lincteem, lintealoen; sinzdoa
An endless variety was produced by interweaving  (Mart. EJpiq. iv. 12); osLvoYc   (Herld. ii. 86(1.;
sprigs or flowers in the woof (nv0cer -,rerourar- Mark, xiv. 51, 52); and its diminutive ola3oviov.
uaeso,, Plat. Republ. viii. p. 401, ed. Bekker). By  (Palladii: Vita Secrap.) A coarse linen palliunl was
the saime process carried to a higher degree of also called qPc6dowv (Pollux, vii. c. 16), anid a flune
complexity and refinement, whole figures and  one dOdva, dim. 6Ois0ov. (Hem. I1. iii. 141, xviiio
even historical or mythological subjects were in- 595; Brunck, Anal. iii. 81.) These specific ternms
troduced, and in this state of advancement the  are no doubt of Egyptian origin, having been islweaving of pallia was the elegant and worthy em- troduced among the Hebrews, the Greeks, and
ployment of females of the first distinction (Hom. the Romans, together with the articles of merchanII. iii. 125-128, xxii. 440, 441), and of Athena, dize to which they were applied.  On the same
the inventress of the art, herself. (Apollon. Rhod. principle a cotton pallium is called?l/a catrlatsea
i. 721-768.)  The greatest splendour was im- (Prudent. PsycOheo. 186, 187), and a silk shawl is
parted by the use of gold thread. (Virg. Aen. iv. denonlinated vpalli7um  Sericum7  (Stat. Sylv. iii. 4.
262-264; Plin. I. N\. viii. 48, xxxiii. 19; Anson. 89), and   0c'ov,2ErJpic6vl. (Arrian, Per. lMa Eysthl,
Ep~)ig. 37; Themist. Orat. 21; Q. Curt. iii. 3. 17.) pp. 164, 170, 173, 177, ed. Blancardi.)
Homer represents Penelope weaving  a purple    The following instances of the application of
blanket for Ulysses, which also displayed a beau- pallia to the purposes of common life, show th at it
tiful hunting-piece wrought in gold.  (Od. xix. is an error to translate the word in all cases by
225-235.)  The epithet 3&'rAe, which is com- "cloak" or " garment," and although in some of
monly applied by the poets to these figured palls, these cases the application may have been accidental,
probably denoted that they were made on the  it serves not the less on that account to demonstirate
principle of a quilt or a Scotch carpet, in which  the form  and properties of the thing spoken of,
two cloths of different colours are so interlaced as and the true meaning of the various naimes by
to form one double cloth, which displays a pattern  which it was called.
of any kind according to the fancy of the artist.     I. They were used to spread over beds and
Although pallia were finished for use without couches, and to cover the body during sleep (icadthe intervention  of the tailor, they were sub- Tiov, Aelian, V. /I. viii. 7, xii. 1; Deut. xxiv. 13;
mitted to the embroiderer (Pkryqio; croixlrsxvs, luarocrubs, Theophrast. Clain. 23;  depos, Soph.
7rAovcapois: Aesch. c. Ti?72ach. p. 118, ed. Reiske; *Tracc. 916, compare 537; XA&t7va, Theocrit. xviii.
Schol. ad loc.); and still more commonly to the  19, xxiv. 25; Hoem. Od. xiv. 500-521, xvii.
fuller [FvuLo], who received them  both when  86, 179, xx. 4, 95, 143; Htymn.  in Ven. 159they  were new from  the loom, and when they  184; XAaviecloa, Alciphron, 1. c.; pa/llium, Jaiv.
were sullied through use.  Hence it was a re- vi. 202; Spartian, Incadr. 22).  In many of these
commendation of this article of attire to be well-  cases it is to be observed, that the samne patllitln
trodden (Edir't-0-, Apollon. Rhod. ii. 30) and  which was worn as a garment by day served to
well washed (ei7rXsvEs, Holn. Od. -viii. 425). The  sleep in at night, in exact agreement with the
men who performed the operation are called o0  practice which to the present day prevails amolag
7rXvv1s, i. e. the washers, in an inscription found  the Bedonin Arabs, wvho constantly use their large
in the stadium  at Athens.  Another appellation  hykes for both purposes.   [LECTUS; LODIS
which they bhere, viz. o0 arTiCes, the treaders  TAPES.]
(Schol. in 2Apoll. Rzod. 1. c.), is well illustrated    II. They were spread on the ground acad used
by the woodcut, representing them at tlaeir work, for carpets.  Clitus, the friend of Alexander, whllen
in p. 552.                                         he held a levee, appeared walking t7ra  ropcpvpciv
Considering palisis anad paltc, (ia-ovss   and   variawv.  (Athen. xii. p. 539, c.)  This was an
fpapos, as genejic terms, we find specific terms affectation of Eastern luxury.  When the people
included under theml, and  denoting distinctions  at Jerusalem  spreadI their aykes upon the grounlld
which depended on the materials of which the  (as recorded in St. Matt. xxi. 8; St. Mark, xi. 8;
cloth -was made. Among the Greeks and Romans  St. Luke, xix. 36) they intended thereby to recogby far the most common material was wool. nise Jesus as a king. [TAPES.]
(Plaut. Aili. iii. 1. 93; Xen. Oecon. vii. 36;    III. They were hung over doors (Prudent. adv.
Theocrit. 1. c.)  The garment made of it (laneumn  Sy7ym. ii. 726), and used as awnings or curtaills.
pallizon, Cic. de Nalt. Deer. iii. 35) was called (from  (Athen. xii. p. 518, a.)
the root of lanC, wool), in Latiin LAENA, in Greek    IV. At the bath, persons wiped and rubbed
XAaCa.: sand as the garment varied, not only in themselves not only with linen sheets (linteis), blut
colour and ornament, but also in fineness, in close- with very soft blanikets (pall/iis ex m/lzoli.ssilna lLza
mess of texture (Clcarhao' XaE7rT7ra7TraS, Aelian, V. 11. fictris, Petron. Sat. 28).  The coarse linlen cloth
iv. 3), anld in size, sonme of these differences were  used for this purpose was called sabanuni (adacavos).
expressed by the diminutives of XXdaa, such as    V. Agamenlnon (Hom. I1. viii. 221) hiolds in
Xlta'vov, XXayVs (Herod. iii. 139; Athen. xii. pp. his hand "a great purple  fapos" to serve as a
545, a, 548, a, 553 a), XeaviaLtov (IHerod. i. 195, basnner floating in the air.
compared with Strabo, xvi. 1. ~ 20; Plut. SycZnp.    VI. Pallia, especially of linen and cotton, Nwere
Pr'obl. vi. 6; Dionys. Ant. Ren7. vii. 9), xXav''- used for sails (cSc-ewvcs, Ly-cophron, v. 26; AlvdtKlo, (Aristoph. 2Ac/carn. 518; Acsch. c. Tin2arc-C. lcp oov (updpos, Eurip.rfec. 1080; Honem. Od. v. 2511).
p. 142; Alciphron, i. 38), and XXaeierci8iov.    VII. When Antonly's ships were on fire, his
(Aristoph. Pacx, 1002.)  In like manner we find  soldiers, having  failed to extinguish it by xater,
the pallium nlot only designated by epithets added  which they could not obtain in sufficient quantity,
to the general terms in order to denote that it was threwa  upon it their thick blankets (i/aci-sa avT-s-c
made of flax, e.q. lp. Iros AXsvoo, XlreVo eO'a-AUvra v' raxEca, Dion Cass. 1. 34).
dpea  (Orpheus,  de  alcid. 702), patl/ium ltiiemna    VIII. Thick coarse blankets, which  had not
3   2




8' 2             PALLIUM.                                          PALLIUfM.
been to the fuller (ptdc-ta a&yvda7r, Plt. y.71.tp.
Probl. vi. 6), were wrapped round ice and snow to         /         -r;c.-.=.
keep them from melting.                                               
IX. A fine white blanket was sometimes used            o      /     t                o
as a shroud (Oapos rapoov, Hornm. II. xviii. 353    /     -  
Od. ii. 94 —100; LAdTloV, Xen. Cyrop. vii. 3.'/                                         C    \
X. In Asia, horses and other anrimals used to              t 
ride upon, were covered with beautiful pallia, espe-                             \ 
cially upon occasions of ceremony or of rejoicing.  \               t 
Cyrus had 200 horses covered with striped cloths...    
(Xeu. nrop. viii. 3. ~ 16.)  When the Persian                                              o
ambassador, a few years ago, went to the levee in     \  "    /
London, his horses were in like manner covered
pa~coros fuaariors. Compare St. Matt. xxi. 7 \:.__ __=_a__> /
St. Mark, xi. 7; St. Luke, xix. 35. [TAPEs.]
XI. The newly-born infant was wrapped in a
blanket (qpdpos, Horn. IHyin. i.c Apoll. 121). [INx  both more graceful and more convenient.  It was
CUNAsBUA.]                                      first passed over the left shoulder, then drawn bearII. Lastly, Athe puliu.  was the most eommon    hind the back and under the right arm, leaving it
article of the AmITus.  [C.LAM~S.] Hence wve bare, and then thrown again over the lelt shoulder.
inn  it continually mentioned in conjunction with  b     a   t
find it continually mentioned in conjunction 1ith  Of this we see an example in a bas-relief engraved
the TUNICA, which constituted the indutus.  Such by Dodwell  (Tour through Greece, vol. i.p. 243.)
phrases as "Ccoat and waistcoat," or "shoes and  Another very common method was to fasten the
stockings," are not more common Arith us thanl
pallium  with a brooch [FIBULA] over the right
such as those which follow, in ancient authors:  shoulder (wit br7povo[a, uom.L1. x. 131-136 
shoulder (&ieprepoca0at, Hom. I/. x. 131-136;
tunice palliumque (Cic. mn Verr. v. 52; Plaut.            Ulu
tuaicu pallissrnqe  (Cic. in Vcrr v. 52; Plant. Stat. JTleb. vii. 658, 659; Apul. Flor. ii. 1), leaving
Epid. v. 2. 61); iicdfrTov  Kal XLT,&, in the will of the right arm at liberty, and to pass the middle
a certain philosopher (Diog.  Lart. v. 72);, b  of it either under the left arm  so as to leave that
4jAd-lrV HKal T6y XTWVl(JKOV'  anos   -E XiTV
T    arm at liberty also, or over the left shoulder so as
(Heom  II. xxiv. 588, Ocd. viii. 425); XAOi'av  to cover the left arm.  We see Phocion attired in'r' 8e XlTs-a (Hom. 11. ii. 262, Od. iv. 50,
v.  229  Yiii.a  (Ho.. 3I  ii. 262, Od. 12. 50, the last-mentioned fashion in the admired statue of
v. 229, viii. 455, x. 365, 451, xiv. 132, 154, him preserved in the Vatican at Home. (Mis. Pio320, 341,  xv..330, xvii.  89)';' v. W    C~i  fllement. vol. i., tav. 43.)  (See woodcut.)  The
x1Wvicrc or. (Antiphanes, up. At/ceh. xii. p. 545,. attachment of the palliumn by means of the brooch
a.)  The following passages also exemplify the
practice of naming these two articles of dress together: A. Gell. vi. 10; Plant. Trin. v. 2. 30;
Athen. v. p. 198, c, d, f; Theophrast. Clhar. 21;
St. Matt. v. 40; St. John, xix. 23-25.
But although the pallium and tunica were always regarded as essential parts of an entire dress,
yet each of them might be worn without the other.
Cases in which the tunic was retained and the
blanket laid aside, are explained under the article
NUDUs.     It is also evident that the pallium would            T  1
not be the most convenient kind of dress when the
wearer of it had occasion to run; and we find that  
in such circumstances he either put it away entirely
(Hom. in. ii. 183, Od. xiv. 500) or folded it up
as a Scottish Highlander folds his plaid, and threw
it round his neck or over his shoulder.  (Plaut.                J  J   \ 
Capt. iv. 1. 12, iv. 2. 9; Ter. P/hor. v. 6. 4.)
On the other hand, to wear the pallium without
tile under-clothing indicated poverty or severity of
manners, as in the case of Socrates (Xen. AFiem. i.                <
6. ~ 2), Agesilaus (Aelian, V. H. vii. 13), and
Gelon, king of Syracuse. (Diod. Sic. xi. 26.)
The pallium  was no doubt often folded about
the body simply with a view to defend it from
cold, and without any regard to gracefulness of appearance.  It is thus seen on the persons of Polynices and Parthenopaeus in the celebrated intaglio,
now preserved at Berlin, representing five of the  ex lcmoCeris, Virg. A4e. iv. 263), and contributed
heroes who fought against Thebes, and copied on  mainly to the production of those dignified and
an enlarged scale in the annexed woodcut.  The  elegant forms which we so much admire in ancient
names of the several heroes are placed beside them  sculptures.  When a person sat, he often allowed
in Etruscan letters.  This precious relic was found  his pallium to fall from his shoulder, so as to en.
at Perigia. (5Winckelmann, Diescript. des Pierres  velope the lower part of his body only.
gpraves de Storsch, p. 344 —347).  By a slight    The sagum of the northern nations of Europe
adaptation; the mode of wearing it was rendered  (see woodcut, p. 213) was a woollen pallium, fas



PALLIUM. z                                  PALUDAMENTUM.                  853
tened, like that of the Greeks, by means of a seen in the preceding figure of Polynices, and in
brooch, or with a large thorn as a substitute for a the bas-relief in Dodwell's Tour already referred
brooch. (Tacit. Germ. 17; Strabo, iv. 4. 3.) The to (Plaut. Mil. iv. 4. 43; Aelian, V. H. ix. 34);
Gauls wore in summer one which was striped and  and, when a girdle was added round the waist, it
chequered, so as to agree exactly with the plaid  approached still more to the appearance of the
which still distinguishes their Scottish descendants; single-sleeved tunic, the use of which it superseded.
in winter it was thick and much more simple in    Under the Roman republic and the early Emcolour and pattern. (Diod. Sic. v. 30.) The Greeks perors, the TOGA was worn by men instead of the
and Romans also wore different pallia in summer pallium.  They were proud of this distinction, and
and in winter.  The thin palliunl  made for summer therefore considered that to be palliatus or sagalus
wear was called xApos, dim. Ap dptor  (Aristoph. instead of being togatus indicated an affectation of
Aves, 713-717) and sure7pov dime. o7retLpov (Hom. Grecian or' even barbarian manners. (Graeco pallio
Od. ii. 102, vi. 179; Xen. liust. Gr. iv. 5. ~ 4) ameictus, Plin Epist. iv. 11; Graeci palliati, Plant.
in contradistinction from the warm palliurm with a  CGurC. ii. 3. 9; Cic. Phil. v. 5, xiv. 1; Sueton.
long nap, which was worn in winter (luenca, Mart. Jul. 48; Val. Max. ii. 6. ~ 10.)  Caecina, on his
xiv. 136; XXaYva, Moeris, s. v.; HonE. II. xvi. 224, return from  the north of Europe, offended the
Od. xiv. 529; Plut. de Aud. p. 73, ed. Steph.; Romans (togatos) by addressing them  in a plaid
aXXeavol, Callim. Iyzmn. in Dian. 115). This, dis-  (versicolore sagulo) and trowsers.  [BRACCAE.]
tinction in dress was, however, practised only by  (Tacit. Hist. ii. 20.)              [J. Y.]
those who could afford it.  Socrates wore the same    PAILMIPES5 i. e. pas et palings, a Roman
pallium both in summer and winter. (Xen. lletoz. measure of length, equal to a foot and a palm; or
i. 6. ~ 2.)                                      a foot and a quarter, or 15 inches, or 20 digits.
One kind of blanket was worn by boys, another (Plin. IH. Nr. xvii. 20. s. 32:; Vitruv. v. 6). [P. S.]
by men (Tb 7ra3lclKYV, Tb &VY3pe7ov CCLdrirov, Plut. de    PALMUS, properly the width of the open
Aud. init.). Women wore this garment as well as hand, or, more exactly, of the four fingers, was
men.  " Phocion's wife," says Aelian: (V.. H. vii. used by the Romans for two different measures of
9), " wore Phocion's pal;itmn.:" but Xanthippe, as length, namely, as the translation of the Greek
related by the same author (vii. 10), would not wraAaLmr, or S&3pov in old Greek, and  7rmOails
wear that of her husband Socrates. (See also Hom.  respectively.  In the former sense it is equal to
Od. v. 229, 230, x. 542, 543; Plaut. fens. iv. 2. 4 digits, or 3 inches, or 1-4th of a foot, or 1-6th
36; Herod. v. 87.)  When the means were not of the cubit. [MxxNISURA, p. 751, b.]  Jerome (in
wanting, women wore pallia, which were in gene- Ezech. 40) expressly states that this was its proper
ral smaller, finer, and of more splendid and beauti- meaning, but that the Greek a7rmOale was also
fill colours than those of men (osbccdrma &avspe7a, called by some palzmus; or, for the sake of disAristoph. Eccles. 26, 75, 333), although men also  tinction, palmn; in which sense it would be 3-4ths
sometimes displayed their fondness for dress by  of a foot.  Hence some writers distinguish, in the
adopting in these respects the female costume. old Roman metrical system, a pnlmnuss major of 9
Thus Alcibiades was distinguished by his purple  inches, and a p1al2nus?zinor of 3 inches, and they
pallium which trailed upon the ground (Plut. Alcib. suppose that the former is referred to by Varro
pp. 350, 362, ed. Steph.); for a train was one of (R. R. iii. 7).  Ideler has, however, shown that
the ornaments of Grecian as well as Oriental dress this supposition, is groundless, that Varro refers to
(IeartlosV iXAELS, Plato, Alci&. i. p. 341, ed. Bekker; the common palm  of 4 digits (3 inches), and the
Ovid. Met. xi. 166; Quintil. xi. 3), the general larger palm  only occurs in later Roman writers.
rule being that the upper garment should reach the  (Ueber die Llingen sund Flackenmasse deo Altenl,
knee, but not the ground. (Aelian, V. HJ. xi. 10; p. 129).  From this large palmus of 9 inches the
Theophrast. Clhar. 4.)                           modern Roman palsao ismderived.        [P. S.]
Philosophers wore a coarse and cheap pallium,    PALUDAMENTUM,   according to Varro (L.L.
which from  being exposed to much wear was vii. 37) and Festus (s.v.), originally signified
called Trp1iow and Trp,~we,oV. (Aristoph. Pltt. 897; any military decoration; but the word is always
Athen. v. p. 211, e; Themist. Orlat x. p. 155, ed. used to denote the cloak worn by a Roman general
Dindorf; palliasltrum, Apul. Florid. i.)  The same  commanding an army, his principal officers and
was worn also by poor persons (Isaeus, de Die. personal attendants, in contradistinction to the
p. 94, ed. Reiske; Polyaen. Strat. vii. 35), by the  sagum [SaGsam] of the common soldiers and the
Spartans (Athen. xii. p. 535, e; Aelian, V. H. vii. toga or garb of peace.  It was the practice for a
13); and in a later age by monks and hermits Roman magistrate after he had received the imnpe(cpebv TptGcivuov, Synes. Epist. 147; sagnum rusi-  -izum from the Comitia Curiata and offered up his
cuer, Hieron. Vita Ililar.).  These blanketeers vows in the Capitol, to march out of the city arrayed
(TrpfcsYoq(psot, Palladii, Hist. Laus. in vita Serap.) in the paludamentum (exire paludatus, Cic. ad Fass.
often went without a tunic, and they sometimes viii. 10) attended by his lictors in similar attire
suplplied its place by the greater size of their pal- (paludatis lictoribus, Liv. xli. 10, xlv. 39), nor
lium. It is recorded of the philosopher Antisthenes, could he again enter the gates until he had formally
that 1 "he first doubled his pallium " (Diog. LaUrt. divested himself of this emblem of military power,
vi. 6, 13), in which contrivance he was followed  a ceremony considered so solemn and so indispensby his brother Cynics (Brunck, Anal. ii. 22; Hor. able that even the emperors observed it. (Tacit.
Epist. i. 7. 25), and especially by Diogenes, who  Hist. ii. 89; compare Sueton. Vitell. c. 11.) Hence
also slept and died in it, and who according to Cicero declared that Verres had sinned "contra
some was the first inventor of this fashion. (Diog. auspicia, contra omnes divinas et humanas reliLaert. vi. 22, 77.)  The large pallium, thus used, giones," because, after leaving the city in his paluwas called 3trAo'ts (diplois, Isid. Hisp. Orig. xix. damentum (ciem paludatus exisset), he stole back in
24), and also ExomIs, because, being worn with- a litter to visit his mistress. (In Verr. v, 13.)
out the fibula, it left the right shoulder bare, as    The paludamentum was open in front, reached
313




8531        PAL UDAMENTUM.                                        PAMBOEOTIA.
down to the knees or a little loner, and hung  hand and arml  would be free and unembarrassed;
loosely over the shoulders, being fastened across but in the preceding cut, copied from the Raccolta
the chest by a clasp.  A foolish controversy has Maffei, representing also a Roman emperor, we
arisen among antiquaries with regard to the posi- perceive that the clasp is on the left shoulder;
tion of this clasp, some asserting that it rested on  while in the cut below, the noble head of a warrior
the right shoulder, others on the left, both parties from  the great Mosaic of Pompeii, we see the
appealing to ancient statues and sculptures in sup- paludamentum flying back in the charge, and the
port of their several opinions,  It is evident from  clasp nearly in front.  It may be said that the last
the nature of the garment, as represented in the  is a Grecian figure; but this, if true, is of no imannexe.d illustrations, that the buckle must have  portance, since the chlamys and the paludamentlmn
shifted frian place to place according to the move- were essentially, if not absolutely, the same. Nolins
mnents of the wearer; accordingly, in the following  Marcellus considers the two terms synonymous,
cut, which contains two figures from Trajan's column, and Tacitus (An n. xii. 56) tells how the splendid
naumachia exhibited by Claudius was viewed by
Agrippina dressed chlacnyde ausrata, while Pliny
(H. N. xxxiii. 3) and Dion Cassius (lx. 33) in
narrating the same story use respectively the expressions paludacmento aurotextili, and XXaoSvL'
The colour of the paludamentum was commonly:i~'~~7~_.~~ _ -Xv  11  iwhite or purple, and hence it was marked and regy ~4     X        membered that Crassus on the morning of the
A! *,,=4< -s___  l~fatal battle of Carrhae went forth in a dark-coloured
__ ____mantle.  (Val. Max. i. 6. ~ 11; compare Plin.
Hr. N. xxii. 1; Hirtius, de bello 4Afiicano, c.
57.)                                  [W. R.]
one representing an officer, the other the emperor    PALUS, a pole or stake, was used in the miliwith a tunic and friniiged paludamentum, we ob- tary exercises of the Romans.  It was stuck into
serve the clasp on the right shoulder, and this the ground, and the tirones had to attack it as if it
would manifestly be its usual position when the  had been a real enemy; hence this kind of exercloak was not used for warmth, for thus the right cise is sometimes called Palarin. (Veget. i. 11).
Juvenal (vi. 247) alludes to it when he says,
"Quis non vidit vulnera pali?" and Martial (vii.
32. 8) speaks of it under the name of stipes, " At
nudi stipitis ictus hebes." (Becker, Gallus,i. p.27 8.)
raft'~  K~   ~PAMBOEOfTIA (rayuot&cTa), a festive panegyris of all the Boeotians, which the grammniarians
-   /'     /     D compare with the Panathenaea of the Atticans,
and the Panionia of the Ionians.  The principal
object of the meeting was the common worship of
Athena Itonia, who had a temple in the neigh\t~s,   i{'\\     ~         bourhood of Coronea, near which the panegyris
~.  ~ | 06qt    l          vwas held. (Strabo, ix. p. 411; Paus. ix. 34. ~ 1.)
From Polybius (iv. 3, ix. 34) it appears that during
l ~ 1#I - ilthis national festival no war was allowed to be
hi            jAdtcarried on, and that in case of a war a truce was
always concluded.  This paiegyvris is also mentioned by Plutarch. (Amat. Natrat. p. 774, f.)
It is a disputed point whether the Pamboeotia had
anything to do with the political constitution of
Boeotia, or with the relation of its several towns
to Thebes; but if so, it can have been only previous to the time when Thebes had obtained tile
undisputed supremacy in Boeotia.  The question
US~~ -                         ~~~~is discussed in Saiite Croix, Des Gouvernements/iderat. p. 211, &c.; Raoul-Rochette, Surs la For'e




PANATHENAEA.                                     PANATHENAEA.                  855
et l'Admienistr. dce l'Etat fdatif des Biotie2s, ill (Thucd. vi. 56), and which was in all probability
the MeIm. de l'Acad. des Insceript. vol. viii. (1827)  the last day of the festival, for it is expressly stated
p. 214, &c.; Wachsmuth, Hell. Alt. vol. i. p. 176. that the festival lasted for several days. (Schol. ad
2d edit.                              [L. S.]    Eurip. Hecub. 464; Aristid. Panath. p. 147.) We
PANATHENAEA (rlava0oiata), the greatest have, moreover, every reason  to  suppose with
and most splendid of the festivals celebrated in  Biickh, that the great Panathenaea took place on
Attica in honour of Athena, in the character of the same days of the month of Hecatombaeon, on
Athena Polias, or the protectress of the city.  It which the lesser Panathenaea were held, and that
was said to have been instituted by Erichthonius  the latter were not celebrated at all in those years
(Harpocrat. s. v. Ila'aOrivata; Marm. Par. Ep. 10), in which the former fell.  Now if, as we have
and its original name, until the time of Theseus, supposed, the lesser Panathenaea commenced on
was believed to have been Athenaea; but when  the 17th, and the last day of the greater festival
Theseus united all the Atticans into one body, this  fell on the 28th of Hecatombaeon, we may perhaps
festival, which then became the common festival of be justified in believing that the lesser as well as
all Atticans, was called Panathenaea. (Paus. viii. the greater Panathenaea lasted for twelve days,
2. ~ 1; Plut. Thles. 24; Apollod. iii. 14. ~ 6; that is, from the 17th to the 28th of HecatomHygin. Poet. A stron. ii. 13; Suid. s. v. IlavaOe'aaa.)  baeon.  This time is not too long, if wve consider
According to this account it would seem as if the  that the ancients themselves call the Panathenaea
name of the festival were derived from that of the  the longest of all festivals (Schol. ad Asistopi. Nub.
city; but the original name Athenaea was un-  385), and if we bear in mind the great variety of
doubtedly derived from that of the goddess, and  games and ceremonies that tool: place during the
the subsequent appellation Panathenaeanlerely sig- season. When the distinction between the greater
nifies the festival of Athena, common to or cele- and lesser Panathenaea was introduced, is not cerbrated by all the Attic tribes conjointly.  Pana-  tain, but the former are not mentioned before 01.
thenaea are indeed mentioned as having been cele-  66. 3 (Thucyd. vi. 56, i. 20; Herod. v. 56), and
brated previous to the reign of Theseus (Apollod. it may therefore be supposed that they were iniii. 15. ~ 7; Diod. iv. 60), but these writers  stituted a short time before 01. 66, perhaps by
merely transfer a name common in their own days  Peisistratus, for about his time certain innovations
to a time when it was not yet applicable.  The  were made in the celebration of the Panathenaea,
Panathenaea, which, as far as the character implied  as is mentioned below.  The principal difference
in the name is concerned, must be regarded as an  between the two festivals was, that the greater
institution of Theseus, were celebrated once in  one was more solemn, and that on this occasion
every year. (Harpocrat. Suid. s. v.)  All writers  the peplus of Athena was carried to her temple in
who have occasion to speak of this festival agree  a most magnificent procession which was not held
in distinguishing two kinds of Panathenaea, the  at the lesser Panathenaea.
greater and the lesser, and in stating that the    The solemnities, games, and amusements of the
former was held every fourth year (WrevTasTr1pis), Panathenaea were: rich sacrifices of bulls, foot,
while the latter was celebrated once in every  horse, and chariot races, gymnastic and musical
year. Libanius (Asrgum. ad Demsosth. Mid. p. 510), contests, and the lampadephoria; rhapsodists reby mistake calls the lesser Panathenaea aTpLErnVpis. cited the poems of Homer and other epic poets,
The time, when the lesser Panathenaea (which  philosophers disputed, cock-fights were exhibited,
are mostly called Panathenaea, without any epithet, and the people indulged in a variety of other
while the greater are generally distinguished by  amusements and entertainments.  It is, however,
the adjective/?yaAda) were celebrated,,is described  not to be supposed that all these  solemnities
by h'roclus (ad Plat. Tim. p. 26, &c.) in a vague  and games took place at the Panathenaea from
manner as'ollowing the celebration of the Bendi- the earliest times; Gymnastic contests, horse and
deia; from which Meursius infers that the Pana- chariot races and sacrifices are mentioned in the
thenaea were held on the day after the Bendideia, legends belonging  to the period anterior to the
that is, on the 20th of Thargelion.  Petitus (Leg. reign of Theseus.  (Apollod. and Diod. 11. cc.;
Att. p. 18), on the other hand, has shown from  Plut. Thes. 24.)  The prize in these contests was
Demosthenes (c. Tinzocrat. p. 708), that the Pana-  a vase with some oil from the ancient and sacred
thenaea must have fallen in the month of Heca- olive tree of Athena on the Acropolis. (Pind. enz.
tombaeon, and Corsini (Fast. Att. ii. 357, &c.)  x. 35, &c.; Schol. ad Soph. Oed. Col. 698.)  A
has further proved from the same passage of De-  great many of such vases, called Panathenaic vases
mosthenes, that the festival must have commenced  (&/ueopeo' fIaleaOwrnaKol, Athen. v. p. 199), have in
before the 20th of this month, and we may add  late years been found in Etruria, southern Italy,
that it was probably on the 17th.  Clinton (Fast.  Sicily, and Greece.  They represent on one side
Hell. ii. p. 332, &c.) has revived the opinion of the figure of Athena, and on the other the various
Meursius. (Compare H. A. MUller, Panathenaica, contests and games in which these vases were
c. 3.)                                           given as prizes to the victors.  The contests themThe great Panathenaea were, according to the  selves have been accurately described from these
unanimous accounts of the ancients, a pentaeteris, vases by Ambrosch (Annal. dell' Instit. 1833. p. 64
and were held in the third year of every Olympiad. -89), and the probable order in which they took
(Bhckh, Staatsl. ii. p. 165, &c.) Proclus (ad Plat. place has been defined by MUller (I. c. p. 80, &c.).
Timn. p. 9) says that the great Panathenaea were    The poems of Homer were read by rhapsodists
held on the 28th of Hecatombaeon.  This state-  only at the great Panathenaea (Lycurg. c. Leocrat.
ment, however, must not lead us to suppose that p. 161), and this custom commenced in the time of
the great Panathenaea only lasted for one day; Pisistratus or of his son Hipparchus, after these
but Proclus in mentioning this particular day was poems had been collected.  Afterwards the works
probably thinking of the most solemn day of the  of other epic poets also were recited on this occafestival on which the great procession took place  sion. (Plat. lIisparc/h. p. 228, b; Aelian, V. Hi.
3  4




856           PANATHENAEA.                                       PANATHENAEA.
vii. 2.)  Songs ill praise of Harmodius and Aris-  probably preceded the musical contests.  Blut we
togiton appear to have been among the standing  may infer from the analogy of other great festivals
customs at the Panathenaea.  Musical contests ill that the solemnities commenced with sacrifices.
singing and in playing the flute and the cithara  The sacrifices at the Panathenaea were very mumli-:were not introduced until the time of Pericles; ficent; for each town of Attica, as well as every
they were held in the Odeum. (Plut. Pericl.  colony of Athens, and, during the time of her great13.)  The first who gained the victory in these  ness, every subject town, had to contribute to this
contests was Phrynis, in 01. 81. 1. (Schol. ad  sacrifice by sending one bull each. (Schol. Aristoph.
A4ristoph. Nzab. 971; Marm. Par. Ep. 64.)  The  Nub. 385.)  The meat of the victims appears to
prize for the victors in the musical contests was,  have been distributed among the people; but
as in the gymnastic contests, a vase, but with  before the feasting commenced, the public herald
an  additional chaplet of olive branches.  (Suid.  prayed for the welfare and prosperity of the re-:. v. IIavaOivaia.) Cyclic choruses and other kinds  public. After the battle of Marathon the Plataeans;of dances were also performed at the Panathenaea  were included in this prayer. (Herod. vi. 111.)
(Lys. de Matner. accept. p. 161), and the pyrrhic    The chief solemnity of the great Panathenaea
dance in armour is expressly mentioned.  (Aris-  was the miagnificent procession to the temple of
toph. Nub. 988, with the Schol.)  Of the dis-  Athena Polias, which, as stated above, probably
cassions of philosophers and orators at the Pana-  took place on the last day of the festive season.
thenaea we still possess two specimens, the Xoyos  The opinion of Creuzer (Synmbol. ii. p. 810) that
Hava0mpajcKos of Isocrates, and that of Aristides.  this procession also took place at the lesser Pana.
Herodotus is said to have recited his history to the  thenaea, is opposed to all ancient authorities with
Athenians at the Panathenaea.  The management  the exception of the Scholiasts on Plato (Republ.
of the games and contests was entrusted to persons  init.) and on Aristophanes (Eqsuit. 566), and these
called &O.o0iTam, whose number was ten, one being  scholiasts are evidently in utter confusion about
taken from  every tribe.  Their office lasted from  the whole matter.  The whole of this procession is
one great Panathenaic festival to the other.  (Pol- represented  in the frieze of the Parthenon, the
lUX, viii. 8. 6.)  It was formerly believed, on the  work of Phidias and his disciples. The description
statement of Diogenes Lairtins (iii. 56; compare  and explanation of this magnificent work of art,
Suidas, s. v. TETpaXo'yia), that dramatic represent-  and of the procession it represents, would lead us
ations also took place at the Panathenaea, but this  too far.  (See Stuart, Antiq. of Ail-Aens, vol. ii.;
mistake ehas been clearly refuted by Bdckh. (Graec.  Leake, Topogr. of Athens, p. 215, &c.; C. O.
2rcog. Princip. p. 207.)                           MUiller, Ancient Art and its Renm. ~ 118; H. A.
The lampadephoria or torch-race of the Pana-  Miiller, Panalt7. p. 98, &c.)  The chief object of
thenaea has been confounded by many writers, and  this procession was to carry the peplus of the godeven by Wachsmnuth  (-Iell. Alt. ii. 2. p. 246; dess to her temple.  It was a crocus-coloured
ii. p. 573, 2d ed.), with that of the Bendideia. garment for the goddess, and made by maidens,
On what day it was held, and in what relation  called EpyyacrTvat. (Hesych. s. v.; compare ARit stood to the other contests, is unknown, though  RHEPHORIA.) In it were woven Enceladus and the
it is clear that it must have taken place in the  giants, as they were conquered by the goddess.
evening.  It has been supposed by some writers  (Eurip. Iiecab. 466; Schol. ad Aristoph. YEqzit.
that the lampadephoria took place only at the  566; Suid. s. v. IliErXos; Virg. Cir. 29, &c.;
great Panathenaea, but this rests upon the feeble  compare Plat. Eet/tyd. p. 6.)  Proclus (ad Plat.
testimony of Libanius (Aynnum. cud Denmosth.  Aid.  Tinz.) says that the figures on the peplus reprep. 510), while all other writers who mention  sented the Olympic gods conquering the giants,
this lampadephoria, speak of it as a part of the  and this indeed is the subject represented on a
Panathenaea  in  general, without the  epithet  peplus worn by anl Athena preserved in the MuxemycdAa, which is itself a sufficient proof that it  scum of Dresden.  On one occasion in later times,
-wias common to both festivals. The same is implied  when the Athenians overwhelmed Demetrius and
in a statement of the author,of.the Etymologicumi   Antigonus with their flatteries, they also decreed
Magnum  (s. v. Kepa)IeLEcms).  The prize of the  that their images, along with those of the gods,
victor in the lampadephoria.was probably the  should be woven into the peplus.  (Plut. Demetsr.
lampas itself, which  he dedicated to I-Iermes.  10.)  The peplus las not carried to the temple by
(B13ckh, Corp. Inscript. i. n. 243, 250.)          men but was suspended from tihe mast of a ship
It is impossible to determine the exact order in  (Schol. Horn. II. v. 734; Philostr. 7it. Sop/s. i. 5.
which the solemnities took place.  We may, how-  p. 550; compare Bdckh, Graec. 7''avg. Princ. p. 1 93
ever, believe that those parts which  were the most  Schol. ad A2ristoph. Pae?, 418); and this ship,
ancient preceded those which were of later intro-  which was at other times kept near the Areiopagus
duction.  Another assistance in this respect are the  (Paus. i. 29. ~ 1), was moved along on land, it is
sculptures of the Parthenon (now in the British  said, by suebterraneous msac/limes.  What these ma.
Museum), in which a series of the solemnities of  chines may have been is involved in utter obscurity.
the Panathenaea is represented in the great pro-  The procession proceeded fromn the Cerameicus, near
cession.  But they neither represent all the so-  a mloonmn ent called Leocorium (Thucyd. i. 20), to
lemnities - for the lampadephoria and the gym-  the temple of Demeter at Eleusis, and thence along
hlastic contests are not represented -nor call it  the Pelasgic wall and the temple of Apollo Pythliuss
-be supposed that the artists should have sacrificed  to the Pinyx, and thence to the Acropolis, where
beauty and symmetry merely to give the solemnities  the statue of MIminerva Polias was adorned with the
in precisely the same order as they succeeded one  peplus.
another at the festival.  In fact we see in these    In this procession nearly the whole population
sculptures the flute and cithara players represented  of Attica appears to have taken part, either on foot,
as preceding the chariots and men on horseback, on horseback, or imn chariots, as may be seen in the
though tmhe contests in chariot and horse racing  frieze of the Parthellon.. Aged imen cari'ied olivie




PANCRATIUTM.                                       PANCRATIUM.                   8.57
branches, and were called bahkAoqpdpot (Etym. MI. also into the other great games of Greece, and in
and Hesych. s. v.); young men attended, at least the times of the Roman emperors we also find it
in earlier times, in armour (Thucyd. vi. 56), and  practised inll Italy.  In 01. 145 the pancratium for
inaidens who belonged to the noblest families of  boys was introduced at the Olympic games, and
Athens carried baskets, containing offerings for the  the first boy who gained the victory was Phaedimus,
goddess, whence they were called Karvq0dpoi. (Har-  a native of a town in Troas.  (Paus. v. 8, in fin.)
pocrat. s. v. Karvrsdpos; compare Thucyd. 1. e.)  This innovation had been adopted before in others
Respecting the part which aliens took in this pro-  of the national games, and in the 61st Pythiad (01.
cession, and the duties they had to perform, see  108), we find a Theban boy of the name of Olaides
1-1YnRIAPHoRIA.                                    as victor in the pancratium in the Pythian games.
Men who had deserved well of the republic were  (Paus. x. 7. ~ 3.)   At the Isthmian games the
rewarded with a gold crown at the great Pana-  pancratium for boys is not mentioned till the reign:
tlienaea, and the herald had to announce the event of Domitian (Corsini, Dissert. Agon. p. 101); but
during the gymnastic contests. (Demosth. de Coron. this may be merely accidental, and the game may
p. 265; compare Meurs. Panatih. p. 43.)  Prisoners  have been practised long before that time.
also were allowed to enjoy freedom  during the    Philostratus (Imac. ii. 6) says that the pancragreat Panathenaea. (Ulpian, ad Dentosth. c. Timo7- tium of men was the most beautiful of all athletic
crat. p. 740; compare Demosth. de Fals. Leg.  contests; and the combatants must certainly have
p. 394.)                                           shown to the spectators a variety of beautiful and
(Compare J. Meursii, Panathenaea, liber singu-  exciting spectacles, as all the arts of boxing and
laris, Lugd. Bat. 1619; C. Hoffmann, Panat/le-  wrestling appeared here united.  (Aristot. /ihet. i.
noaikos, Cassel, 1835, 8vo.; H. A. Miiller, Pa-  5; Plut. Syospos. ii. p. 638, c.)  The combatants
sathlenaica, Bonn, 1837, 8vo.; C. O. MUller's  in the pancratium  did not use the cestus, or if
Dissertation, Quo anni tempore Panathenaea minoral they did, it was the'[AaVTEs, uu aaKc6repot [CEscelebrata sint, which is reprinted in the Philological TUS], so that the hands remained free, and wounds
iMuseum, vol. ii. pp. 227-235.)        [L. S.]    were not easily inflicted.
PANCRATIASTAE.  [PANCRATIUSI.]                     The name of these combatants was pancratiastae
PANCRA'TIUM  (7ra-y/cparovr) is composed of (7raycpaTra6Tal) or 7rcd/tXaXoL. (Pollux iii. 30. 5.)
irav  and  Kp&rTS, and  accordingly signifies an  They fought naked, and had their bodies anointed
athletic game, in which all the powers of the  and covered with sand, by which they were enfighter were called into action.  The pancratium   abled to take hold of one another. (Philostr. I. c.;
was one of the games or gymnastic contests which  Aristoph. Paxr, 848.)  In cases where the contests
were exhibited at all the great festivals of Greece;  of the pancratiastae were not regulated by strict
it consisted of boxing and wrestling (,rvyC-i and  rules, it might, as at Sparta, sometimes happen,
s7rlXs), and was reckoned to be one of the heavy or  that the fighters made use of their teeth and nails
hard exercises (&ya'oal'aTna $apEa or [ap6repa),  (Philostr. 1. c.; Lucian, Demonax, c. 49; Plut.
on account of the violent exertions it required, and  Lac. Apophth. p. 23.4, d.); but such irregularities
for this reason it was not much practised in the  probably did not occur at any of the great public
gymnasia; and where it was practised, it was pro- games.
bably not without modifications to render it easier    When  two pancratiastae began their contest,
for the boys.  According to the ancient physicians  the first object which each of them  endeavoured
it, had very rarely a beneficial influence upon health. to  accomplish, was to gain  a favourable posi(I-I. Mercurial. De Art. Gymnast. v. 7.)          tion, each trying to mnlake the other stand so that
At Sparta the regular pancratium was forbidden, the sun might shine in his face, or that other
but the name was there applied to a fierce and  inconveniences might prevent his fighting with
irregular fight not controlled by any rules, in which  success.  This struggle (&ydy 7repi ~ris o-rcdiecov,
even biting and scratching were not uncommon, Aeschin. c. Ctesiph. p. 83, ed. Steph.) was only the
and in which, in short, every thing was allowed by  introduction to the real contest, though in certain
which one of the parties might hope to overcome  cases this preparatory struggle might terminate the
the other.  In Homer we neither find the game  whole game, as one of the parties might wear out
nor the name of the pancratium mentioned, and as  the other by a series of stratagems, and compel
it was not introduced at the Olympic games until him  to give up further resistance.  Sostratus of'01. 33 (Paus. v. 8. ~ 3), we may presume that the  Sicyon had gained many a victory by such tricks.
game, though it may have existed long before in a  (Pans. vi. 4. ~ I.)  When the real contest began,
rude state, was not brought to any degree of per- each of the fighters might commence by boxing or
fection until a short tine before that event.  It is  by wrestlilig, accordingly as he thought he should be
scarcely possible to speak of an inventor of the  more successful in the one than in the other.  The
pancratium, as it must have gradually arisen out of victory was not decided until one of the parties
a rude mode of fighting, which is customary among  was killed, or lifted up a finger, thereby declaring
11ll uncivilized nations, and which was kept up at that he was unable to continue the contest either
Sparta in its original state.  But the Greeks re- friom pain or fatigue. (Faber, Agonist. i. 8.)  It
garded Theseus as the inventor of the pancratium, usually happened that one of the combatants, by
who for want of a sword was said to have used  some trick or other, made his antagonist fall to the
this mode of fighting against the Minotaurus. ground, and the wrestling, which then commenced,
(Schol. ad Pind. Nerz. v. 89.)  Other legends re-  was called &marcXwvo7rdAc, and continued until one
presented Heracles as having been victor in the  of the parties declared himself conquered or was
pancratium  (Pans. v. 8. ~ 1; Hygin. Fab. 273), strangled, as was the case at Olympia with Arrhiand later writers make other heroes also fight the  chion or Arrachion of Phigalia, in 01. 54.  (Paus.
pancratium (Lucan, P/carsal. iv. 613, &c.); but viii. 40. ~1, &c.; Euseb. C/roe. p. 150, Scalig.)
these are mere fictions.  After the pancratiem was  A  lively description of a struggle of this kind is
once introduced at Olympia, it soon found its way  rgiven by Philostratus (1. c.).  Sometimes one of




858            PANDECTA.                                          PANDECTAE.  PANDECTAE.
the fighters fell down on his back on purpose that mogenlianus.  Ten years were allowed for the comr
he might thus ward off the attacks of his antago-  pletion  of the work.  The instructions of the
hist more easily, and this is perhaps the trick called  Emperor were, to select what was useful, to omit
vS7rseayods.  The usual mode of making a person  what was antiquated or superfluous, to avoid unfall was to put one foot behind his, and then to  necessary repetitions, to get rid of contradictions,
push him  backward, or to seize him  round his and to make such other changes as should produce
body in such a manner that the upper part being  out of the mass of ancient Jiuristical writiigs a
the heavier the person lost his balance and fell. useful and complete body of law (jus antiquum).
Hence the expressions iees'ov  Xaeca'veIv, /JEroXa-  The compilation was to be distributed into Fifty
~elv, [sE'sOV al'pe-I,   i&T   a f EXE V,  &ca y!njpoi vBooks and the Books were to be subdivided into
ora'v, &c. (Scalig. ad Euseb. Cliron. p. 43.)  The  Titles (Tituli).  The work was to be named
ansexed woodcut represents two pairs of Panl- Digesta, a Latin term  indicating an arrangement
of materials, or Pandectae, a Greek word expressive of the comprehensiveness of the work.  The
name Digesta had been already used by Salvius
Julianus for the title of his chief work. The term
Pandectae had also been applied to compilations
which contained various kinds of matter. (A. Gell.
Psaef.)  It was also declared that no commentaries should be written on this compilation, but
permission was given to make Paratitla or references
/I A\     l           i'        to parallel passages with a short statement of their
contents.  (Const. Deo Auctore, s. 12.)  It was
also declared that abbreviations (sigla) should not
be used in forming the text of the Digest.  The
V/:! L      ]P'    work was completed in three years (17 Cal. Jan.
533) as appears by a Constitution both in Greek
and Latin which confirmed the work and gave to
cratiastae;  the one on the right hand is an ex- it legal authority. (Const. Tanta, &c., and AEl'scsev.)
ample of the &vacrcXvo-rdxaq, and that on the    Besides Tribonian, who had the general conduct
left of the uAsoeAaGeiP.  They are taken from  of the undertaking, sixteen other persons are menlKrause's Gymnastik und Agonistik d. Hellen. Taf. tioned as having been employed on the work,
xxi. b. Fig. 35, b. 31, b., where they are copied  among whom were the Professors Dorotheus and
respectively  from  Grivaud, Rec. c. Alon. lInt. Anatolius, who for that purpose had been invited
vol. i. pl. 20, 21, and Krause, Sigaorum vet. icones, from the law-school of Berytus, and Theophilus
tab. 10.                                         and Cratinus who resided at Constantinople.  The
At Rome the pancratium  is first mentioned in  conmpilers made use of about two thousand different
the games which Caligula gave to the people. (Dion  treatises, which contained above 3,000,000 lines
Cass. lix. 13.)  After this time it seems to have  (versus, oriXes), but the amount retained in the
become extremely popular, and Justinian (Novell. compilation was only 150,000 lines.  Tribonian
cv. c. 1, provided 7rdayiap7rov be, as some suppose, procured this large collection of treatises, many of
a mistake for 7raycpd'rTiov) made it one of the seven  which had entirely fallen into oblivion, and a list
solemnities (srpdosol) which the consuls had to  of them was prefixed to the work, pursuant to the
provide for the amusement of the people.         instructions of Justinian. (Const. Tanita, &c. s. 16 )
Several of the Greek pancratiastae have been  Such a list is at present only found in the Florenimmortalised in the epinician odes of Pindar, tine MS. of the Digest, but it is far from being
namlely Timodemus of Athens (Neem. ii.), Melissus  accurate.  Still it is probably the Index mentioned
anld Strepsiades of Thebes (Isth. iii. and vi.), Aris- in the Constitution, Tanta, &c.  (Pubchta, Blenertoclides, Cleander and Phylacides of Aegina (Nesr. kunzen  ueber den Index Florentinzs, in hlein2. Alaus.
iii., 1st]s. iv. v. and vi.), and a boy Pytheas of vol. iii. pp. 365-370.)
Aegina. (Nemros. v.)  But besides these the names    The work is thus distributed into Fifty Books,
of a great many other victors in the pancratium are  which, with the exception of three books, are subknown. (Comripare Fellows, Discoveries in Lycia, divided into Titles, of which there are said to be
p. 313, Lond. 1841.)                             422.  The books 30, 31, 32, are not divided into
The diet and training of the pancratiastae was  Titles, but have one common Title, De Legatis et
the same as that of other Athletae. [ATHLETAE.]  Fideicommissis;  and the first Title of the 45th
(Compare Hieron. Mercurialis, de Asrte Gymnzas- book, De Verborum Obligationibus, is really divided
tice; J. H. Krause, Die Gymnaestik und Agonistik  into three parts, though  they have not separate
der HIel/enen, vol. i. pp. 534-556.)  [L. S.]    Rubricae.  Under each Title are placed the exPANDECTAE  or DIGESTA.  In the last tracts from  the several jurists, numbered 1, 2, 3,
month of the year A. D. 530, Justinian by a Con- and so on, with the writer's name and the name
stitution addressed to Tribonian empowered him  and division of the work from which the extract is
to nalmne a commission for the purpose of forming a  made.  These extracts are said to amount to 9123.
Code out of the writings of those Jurists who had  No name, corresponding to Liber or Titulus, is
enjoyed the Jus Respondendi, or, as it is expressed  given to these subdivisions of Tituli which are
by the Emperor, "antiquorum  prudentium quibus  formed by the extracts from  the several writers,
auctoritatem conscribendarum  interpretandarumque  but Justinian (Const. Tanta, &c. s. 7) has called
legurn  sacratissimi principes praebuerunt."  The  them "leges," and though not "'laws " in the strict
compilation however comprises extracts from some  sense of the term, they were in fact "law;" and
writers of the Republican period  (Consst. Deo  in the same sense the Emperor calls the jurists
Auctore), and from Arcadius Charisius and Her-  " legislatores." (Const. Tanta, &c. s. 16.) The Fitty




PANDECTAE.                                          PANDECTAE.                    859
Books differ materially both in bulk, nunimber of                                       DATE.
titles, and number of extracts.  The Glossatores
C. Aelius "      Galluls... a contemporary
and their followers, in referring to the Digest, some-                             of Cicero      ()
times indicate the work by P, p, or II, and some-  Claudius               e           Constntine
times by D or f, xwhich according to some writers                                  the Great.  9i
represents D, and according to others represents I.  Priscus        Jasolentis..Nerva and   laThe oldest printed English work in which the                                       drian... 2
Digest is cited is Bracton's Treatise on the Law of   alvius        Jlianus.     pupil of Javo- 
Eregland, and his mode of citation is that of the'                                 lenus... 90
Glossatores. (Iico Discourses by G. Long, London,  M. Antistius       lseo... Augstu.. 12
1847, p. 1 07.)                                    Aemilius          Ml5acer...  Alex. Severus. 1 0
There was also a division of the whole Fifty  Lucius Volus is Jleciauzss Antoninus Pius  8
Books into Seven larger masses, called Partes,  Lucius Ulpius   Mseellsis. Thc Antonini. 32
which corresponded to the seven main divisions of    u
Aeltius           ifactrczunu s  Caracalla    and
the works on the Edict, and had also a special                                     Ales. Severus 3a
reference to the course of instruction then estab-  Juniis           Msrzsiciaas2s Antoninus Pius 13
lished.  Thus the first Pars comprises Four Books, Rutilius         Maximus. Usknon.. ()
tlhe second Pars comprises seven Books, and so on.  Arrius          Mena7zdes. Caracalla          3
(Conbst. Tanta, &c. s. 2.  "Igitur prima qluidem   Herennius        Alodestinus a  pupil of D.
pars," &c.)
The number of writers from whose works ex-  Qisintus             dMiciics  Sevoli        Ponti41Quintus          Al~uchis Scaevola,   Pontifex
tracts were made is thirty-nine, comprehending                                     Yaximus, conthose Jurists from  whom  extracts were nmade at                                   sal a. C. 95
second hand, as Q. Mucius Scaevola, the Pontifex, Priscus          NAeratihs. Trajan..    10
from  whom  four fragments, and Aelius Gallus
from whom  one fragment is taken; but omitting        cius Aemilius Pai       s S. Svrs and
omuttIne                                  Caracalla   104
Servius Sulpicius Rufus, who is represented by  Justus              Papirius    M. Aurelius.  24
Alfenus, distinguishing Aelius Gallus from Julius  Julius           Pals.. Alex. Severs 297
Aquila, Venuleius from Claudius Saturninus; as-                     Poissposias  Autoniius Pius 80
suming that there is only one Pomponius, and             us?        Pocs.. Otho?...  6
omittina Sabinus whose name is erroneously in-  iinius                            C ca.. 
n                       1                        1.         T  1 {- Licinius  u. fnus  Caracalla..  l
serted in the Florentine Index.  (Zimmern, Ges-  Massusrius         Stbics.. Tiberius..  1
chichte des RUin. P''iveatrec/ts, p. 224.)         Claudius         Sas'nu.sizs'TheAotonini.  1
The following is the list of Jurists from whose Qs. Cervidius    Scaevla.. The Antonini. 7Is
writings the Digest was constructed, as it is given  Paternus       Talenteszis  Colnuodus.   )
in the Palingenesia of Hornmelius, who has ar-  Clemens              Teentisas. Halrianand the
ranged the matter taken from  each writer under                                    Antoni.  3a -
his namne, and placed the nanles in alphabetical      Sep. Fore    T       a     S. Svru  and
order.  The dates of the Jurists are chiefly founded                               CaracallS a       1,
on the authority of Zimmern.  The figures in the  Cadilus          Tiyp/oainus S. Severus and
third column indicate the proportions contributed                                  CarTculla. 
to the Digest by each Jurist, estimated in the  Salvius Aburnus Vales..  HadrianandAnpages of Hommelius: (a) denotes that the contri-                                   tosiinus  Pius   3
bution is under one page of the Palingenesia.                         cnueiss. The Antonini. 10
This list includes Sabinus.  The extracts from   Domitius             UTpiaatns.. Severus  and
many of the writers are few and short: those from                                  Alex.Severus G10
UTlpian are more than a third of the whole; anlld
next to these the extracts from Paulus, Papinian,    It follows from the instructions of the Emperor
Julianus, Pomponius, Q. Cervidius Scaevola, and  and the plan of the work that the extracts from
Gaius, are the largest.                            the Jurists are not always given in their exact
words.  It is probable that many short passages
DATE.         vwere interpolated, or altered, as a matter of necesSextus Caecilius Africanus. Hadrian and the       sity, though there seems to be no reason for supAntonini. 24    posing that these changes were carried farther than
Alfenus Varus,  a  pupil of       the nature of the case required.  Still there is no
Servius Sulpi-      doubt that the changes are such that the extracts
cius Rufus and      from the old Jurists cannot be used for many pur.
contemporary        poses without some caution and judgment.
with Cicero    9      The distribution of the matter of the Digest into
Fuirius          Avltshanus. Unknown.. (a)  Books and Titles has evidently been made accordJ ulius          Aquila.. perhaps about the      ing to a plan, as will be obvious on inspecting the
time  of Sep.       list of Tituli prefixed to the editions.  Thus the
Severus.. (a)  28th book treats of testaments, of the institution
Aurelius         Arcadius Charisius, Constan-      of a heres, &c., and the 29th of military testaments,
tine the Great 2-1 and of codicils, &c.; in fact of matters appertainiilg
Callistratf2s Caracalla.. 17'  to universal succession  by testament: the 30th,
Juvesutius       Celsus... Domitian    and      31st, and 32d books treat of legacies and fiduciary
Hadrian. 23
Florentinus Alex. Severus   4        * He must not be confounded with C. Aquilius
Gaius... Hadrian and the       Gallus, one of the masters of Servius Sulpicius,
Antonisi. 72   from whom there is no extract in the Digest.




(60             PANDECTAE.                                          PANDECTAF._
bequests.  There is a method of arrangement  else must be proved from an examination of the
therefore so far as generally to bring things of the  work itself, and this is the object of Bluhme's
same kind together, but the compilation has no  laborious essay.  He observes that. if a person will
claims to being considered as a scientific arrange-  examine the extracts in the titles De Verborumn
mnent of the matter of law.  And indeed the com-  Significatione and De Regulis Juris (50. tit. 16, 17)
pilers were evidently fettered in this respect by  he will find a regular order observable in the titles
the Emperor's instructions, which required them to  of the juristical works from which the extracts are
lrrange (digerere) the whole body of tile law corn- taken.  Generally, the series of the books quoted
prised in the Digest, according to the Code and  shows that the original order of the works from
the Edicturn Perpetuum.                            which the extracts were to be made, has not been
It has long been a matter of dispute whether  altered; and the several works generally follow in
the compilers of the Digest were guided by any, both these titles in the same order.  A similar reand if any, by what principle in the arrangement  mark applies to the title De Verborum Obligaof the several extracts under the respective Titles. tionibus (Dig. 45. tit. 1), though there is a variaThis subject is examined in a very learned essay  tion in all the three titles as to the relative order
by Bluhme, entitled " Die Ordnung der Fragmente  of the three masses, which are presently to be
in den Pandektentiteln." (Zeitsclhrf,  vol. iv.) The  mentioned.  " In the remaining titles of the Diinvestigation is of course founded on the titles of the  gest," adds Bluhme, "at first sight it appears as
several works of the Jurists, which as already ob- if one could find no other distinction in the titles
served are given at the head of each extract: thus, of the extracts than this, that one part of them has
for instance, in the beginning of the 3d book, the  a certain kind of connection, and another part
first seven extracts are headed as follows: " Ulpi-  merely indicates a motley assemblage of books out
anus  Libro  sexagesimo quarto  ad Edictum;"  of which the extracts have beel made.  But on a' Idem Libro primo Fideicommissorum;" " Idem   closer comparison not only are three masses clearly
Libro quarto ad Sabinum;" "   Idem  Libro quinto  distinguishable, but this comparison leads to the
ad Sabinum;" "' Paulus Libro primo ad Sabinum;"  certain conclusion, that all the writings which were
"Julianus Libro trigesimo tertio Digestorum;"   used in the compilation of the Digest, may be re6 Paulus Libro secundo ad Sabinum."  These will ferred to three classes.  The Commentaries on Saserve as samples of the whole and will explain  binus (Ad Sabinum), on the Edict (Ad Edictum),
the following remarks from  Bluhme, whose con-  and Papinian's writings are at the head of these
clusions are these: " The compilers separated all three classes.  ]We may accordingly denote these
the writings from which extracts were to be made, three masses respectively by the names Sabinian,
into three parts, and formed themselves, into three  the Edict, and Papinianl.  In each of these classes
committees.  Each committee read through in order the several works from which extracts are made,
the books that had fallen to its lot, yet so that always follow  in regular order."  This order is
books which were closely related as to their con-  shown by a table which Blubme has inserted in
tents, were extracted at the same time. The books  his essay.
vwere compared with the Code of Justinian, and    This article, if read in connection with the artiwhat was selected for the new compilation, was  cles CODEX and INSTITUTIONES, will give some
placed under a Title taken either from the Code, general notion of the Legislation of Justinian, the
tlhe Edict, or in case of necessity from the work  objects of which cannot be expressed better than
itself which was extracted.  What came under the  in the following words:anme title was compared; repetitions were erased,    " Justinian's plan embraced two principal works,
contradictions were got rid of, and alterations were  one of which was to be a selection from the Jurists
made, when the contents of the extracts seemed to  and the other from the Constitutiones.  The first,
require it. When the three committees had finished  the Pandect, was very appropriately intended to
their labours, the present Digest was formed out of contain the foundation of the law: it was the first
the three collections of extracts.  In order to ac-  work since the date of the Twelve Tables, which in
complish this, they made that collection the founda-  itself and without supposing the existence of any
tion of each Title which  contained  the most other, might serve as a central point of the whole
numerous or at least the longest extracts.  With  body of the law.  It may be properly called a Code,
these they compared the smaller collections, strik- and the first complete Code since the time of the
iig out, as they had done before, repetitions and  Twelve Tables, though a large part of its contents
contradictions, making the necessary additions, and  is not Law, but consists of Dogmriatic and the ingiving more exact definitions and general princi-'vestigation of particular cases.  Instead of the in —
ples. What remained over of the smaller collections  suflicient rules of Valentinian III., the excerpts ill
without having had an appropriate place assigned  the Pandect are taken immediately from the writto it, was placed after the first collection, and its  ings of the Jurists in great numbers, and arranged
place in the series after the first collection was  according to their matter.  The Code also has a
generally determined by the number of extracts."   more comprehensive plan than the earlier codes,' The Digest does not seem to have been sub-  since it comprises both Rescripts and Edicts. These
jected to any further revision."                   two works, the Pandect and the Code, ought proBluhme remarks that, although the Constitutions,  perly to be considered as the completion of JusDeo Auctore, imperatoriam, Tanta, and Co-di, con-  tinian's design. The Institutiones cannot be viewed
tain much information on the economy of the  as a third work, independent of both: it serves as
Digest and the mode of proceeding of the compilers, an introduction to them or as a manual. Lastly, the
only the two following facts are distinctly stated:  Novellae are single and subsequent additions and,
1. That the extracts from  the writings of the  alterations, and it is merely an accidental circurnu
Jurists were arranged according to the titles of the  stance that a third edition of the Code was noe'
Code and the Edict.  2. That the extracts were  made at the end of Justinian's reign, which would
compared with the Code.  Accordinigly everything  have comprised the Novellae which had a permanlent




PANDIA.                                         PANIONIA.                  861
application." (Savigny, Gescliclte des R'ms. Recids the Pandita took place on the 14th of Elaphebolion.
itt imlfitelalter, i. p. 14.)                    (Compare Suidas and I-esych. s. v. rIdvia; Bbckh,
There are numerous manuscripts of the Digest, A4handl. der Berlin. Akademie, 1818, p. 65,
both in libraries of the Continent and of Great &c.)                                    [L. S.]
Britain.  A list of the 3MSS. of the Corpus Juris    PANE'GYRIS (7ravyovpLs) signifies a meetingD
in the libraries of this country, which are princi-  or assembly of a whole people for the purpose of
pally in the Colleges of Oxford and Cambridge, worshipping at a common sanctuary.  But the
is given by Dr. Hach in the Zeitschrift (vol. v.). word is used in three ways:- I. For a meeting of
But the MSS. of the Digest generally contain  the inhabitants of one particular town and its
only parts of the work, and are not older than the  vicinity [EPHESIA]; 2. For a meeting of the intwelfth century.  The MS. called the Florentine  habitants of a whole district, a province, or of the
is complete and probably as old as the seventh  whole body of people belonging to a particular
century.  It is generally said that it had been  tribe  [DELIA, PA.MBOEOTIA, PANIONIA];  and
kept at Amalfi time out of mind, and was given  3. For great national meetings, as at the Olympic,
to the Pisans by Lotharius the Second, after the  Pythian, Isthmian, and Nemean games. Although
capture of Amalfi A. D. 1137, as a memorial of his  in all panegyreis which we know, the religious
gratitude to them  for their aid against Roger the  character forms the most prominent feature, other
Norman.  The Pisans kept it till their city was  subjects, political discussions and resolutions, as
taken by the Florentines under Gino Caponi A. D. well as a variety of amusements, were not excluded.
1406, who carried this precious MS. to Florence  though they were perhaps more a consequence of
where it is still preserved.  There is howrever  the presence of many persons than objects of the
pretty good evidence that the MS. was not found  meeting.  As regards their religious character, the
at Amalfi. Odofredus says, that it was transmitted  panegyreis were real festivals in which prayers
to Pisa by Justinian, and Bartolus adds, that it were performed, sacrifices offered, processions held,
always had been, ald then was at Pisa.  At any  &c.  The amusements comprehended the whole
rate it is the oldest MS. of the Pandectae.  An  variety of games, gymnastic and musical contests,
exact copy of this MS. was published at Florence  and entertainments.  Every panegyris, moreover,
in 1553, folio, with the title "Digestoruin sen  was made by tradespeople a source of gain, and it
Pandectarum Libri Qninquaginta Ex Florentinis  may be presumned that'such a meeting was never
Pandectis repraesentati;  Florentiae  In Officina  held without a fair, at which all sorts of things
Laurentii Tarrentini Ducalis Typographi MDLIII  were exhibited for sale. (Paus. x. 32. ~ 9; Strab.
Cum Summi  Pontif. Car. V. Imp. Ilenrici II Gal- x. p. 486; Dio Chrysost. Oral. xxvii. p. 528.)  In
lorum  Regis, Eduardi VI Angliae regis, Cosmi later times, when the love of gain had become
Medicis Ducis Florent. II Privilegio."  The facts  stronger than religions feeling, the fairs appear to
relating to the history of the MS. appear from the  have become a more prominent characteristic of a
dedication of Franciscus Taurellius to Cosiuo I., panegyris than before; hence the Olympic games
Duke of Florence.  Laelio Torelli and his son  are called mersccttos Olyn pizacus or ludi et mnzecattis
Francisco superintended the printing of the edition  OlymEpiormZo. (Justin. xiii. 5; Vell. Pat. i. 8.)
of this splendid work, which is invaluable to a  Festive orations were also frequently addressed to
scholar.  The orthography of the MS. has been  a panegyris, whence they are called XAdyol rra'Vscrupulously observed.  Those who cannot consult  yvpclcom.  The Panegyricus of Isocrates, though it
this work may be satisfied with the edition of was never delivered, is an imaginary discourse of
the Corpus Jiuris by Charondas, which the distin-  this kind.  In later times any oration in praise of
guished printer of that edition, Christopher Planti-  a person was called panegyricus, as that of Pliny
nus, affirms to be as exact a copy of the Florentine  on the emperor Trajan.
edition as it could be made.  (Antwerp, 1575).    Each panegyris is treated of in a separate article.
As to the other editions of the Digest, see COR- For a general account see Wachlsmlth, Hell. Alt.
rus JuaRI.                            [G. L.]   i. p. 149, &c.; Bckh, adcl Pind. 01. vii. p. 175l
PA'NDIA  (7rodvmla), an Attic festival, the real &c.; Hermann, Polit. Anlt. ~ 10.    [L. S.]
character of which seems to have been a subject    PANELLE'NIA  (7raveAX*YM), a festival, or
of dispute among the ancients themselves; for ac- perhaps rather a panegyris of all the Greeks, which
cording to the Etymologicum  M. (s. v. lSdvra; seems to have been instituted by the emperor
comp. Phot. s. v.), some derived it from  Pandia, Hadrian, with the well-meant but impracticable
who is said to have been a goddess of the moon  view of reviving a national spirit among the Greeks.
(this is also Wachsmuth's opinion, ii. p. 485); (Philostr. Vit. SopSh. ii. 1. 5; Biickh, CGrp. Inscril?.
others firon the Attic king Pandion; others again  i. p. 789, ii. p. 580.)             [L. S.]
from the Attic tribe Dias, so that the Pandia    PANIO'NIA  (Traemvrta), the great national
would have been in the same relation to this tribe  panegyris of the Ionians on mount Mycale, where
as the Panathenaea to Athens: and others from  their national god Poseidon Heliconius had his
Aits, and call it a festival of Zeus. Welcker  sanctuary, called the Panioniumn. (Herod. i. 148;
(Aesclt.yl. Trilog. p. 303) considers it to have been  Strab. viii. p. 384; Pans. vii. 24. ~ 4.)  One of
originally a festival of Zeus celebrated by all the At- the principal objects of this national meeting was
tic tribes, analogous to the Panathenaea, and thinks  the common worship of Poseidon, to whom splendid
that when the confederacy, of which this festival sacrifices were offered on the occasion. (Diodor.
was as it were the central point, became dissolved, xv. 49.)  As chief-priest for the conduct of the
the old festival remained, though its character was  sacrifices, they always appointed a young man of
changed. It was celebrated at Athens in the time  Priene, with the title of king, and it is mentioned
of Demosthenes (c. Mid. p. 517).  Taylor in his  as one of the peculiar superstitions of the Ionians
note on this passage strangely confounds it with  on this occasion, that they thought the bull which
the Diasia, though it is well known that this fes- they sacrificed to be pleasing to the god if it roared
tival was held on the 19th of Munychion, while  at the moment it was killed. (Strab. 1. c.)  But




1862           PANTOMIMUS.                                         PANTOMIMUS.
religious worship was not the only object for which! the cause of their spreading not only in Italy but
they assembled at the Panionium; on certain emer- also in the provinces, and Tiberius found it necesgencies, especially in case of any danger threaten-  sary to put a check upon the great partiality foe
ing their country, the Ionicans discussed at these  them: he forbade all senators to frequent the
meetings political questions, and passed resolutions  houses of such pantomimes, and the equites were
which were binding upon all. (Herod. i. 141, 170.)  not allowed to be seen.walking with them  in the
But the political union among the Ionians appears  streets of Rome, or to attend their performances in
nevertheless to have been very loose, and their any other place than the public theatres, for wealthy
confederacy to have been without any regular in- Romans frequently engaged male and female panternal organization, for the Lydians conquered one  tomimes to amuse their guests at their repasts.
Ionian town after another, without there appearing  (Tacit. Annal. i. 77.)  But Caligula was so fond of
anything like the spirit of a political confederacy; pantomimes that one of them, MI. Lepidus Mnester,
and we also find that single cities concluded sepa- became his favourite; and through his influence
rate treaties for themselves, and abandoned their  the whole class of pantomimes again r7:covered
confederates to their fate. (Herod. i. 169.)       their ascendancy. (Suet. Calig. 36, 55, 57; Tacit.
Diodorus (xv. 49) says that in later times the  Annal. xiv. 21.)  Nero not only patronised them,
Ionians used to hold their meeting in the neigh- but acted himself as pantomime (Suet. Nero, 1G,
hourhood of Ephesus instead of at Mycale. Strabo, 26), and from this time they retained the highest
on the other hand, who speaks of the Panionic  degree of popularity at Rome down to the latest
panegyris as still held in his own time, does not period of the empire.
only not mention any such change, but appears to    As regards their mode of acting, we must first
imply that the panegyris was at all times held on  state that all pantomimes wore masks, so that the
the sanme spot, viz. on mount 3Mycale.  Diodorus  features of the countenance were lost in their acttherefore seems to consider the Ephesian panegyris  ing.  All the other parts of their body, however,
[EPHESIA] as having been instituted instead of were called into action, and especially the arnls
the Panionia.  But both panegyreis existed simnul-  and hands, whence the expressions manus lqeulcistaneously, and were connected with the worship of simae, di/iti clamosi, XEpes 7raejcYivor, &c.  Nottwo distinct divinities, as is clear from  a com- withstanding their acting with masks, the ancients
parison of two passages of Strabo, viii. p. 384, xiv. agree that the pantomimes expressed actions, feel
p. 639.                                            ings, passions, &c., more beautifully, c.rrectly,
(Compare  Tittmann's Gr'iech. Staatsv. p. 668, and intelligibly than it would be possible to doi
&c.; ThirIwall, Hist. of Greece, ii. p. 102; C. by speaking or writing.  They were, however, asF. Hermann, Lehrb. der Gottesd. Alterth. ~ 66. n. sisted in their acting by the circumstance that theo
3, 3.)                              [L. S.]    only represented mythological characters, which
PANO'PLIA.  [ARnrA.]                            were known to every spectator. (.Juv. vi. 63, v.
PANTOMI'MUS  is the name of a kind of 121; Horat. Epist. ii. 2. 125; Sueton. Nero, 54;
actors peculiar to the Romans, who very nearly re- Vell. Pat. ii. 83.)  There were, moreover, celrtainl
sembled in their mode of acting the modern dancers  conventional gestures and movements which every
in the ballet.  They did not speak on the stage, body understood.  Their costume appears to have
but merely acted by gestures, movements, and atti- been like that of the dancers in a ballet, so as to
tudes.  All movements, however, were rhythmical show the beauty of the human form to the greatest
like those in the ballet. whence the general term  advantage; though the costume of course variel
for them  is saltatio, saltare; the whole art was according to the various characters which were recalled musica zmuta (Cassiodor.  ar. i. 20); and to  presented.  See the manner in which Plancus -is
represent Niobe or Leda was expressed by saltare  described by Velleius (ii. 83) to have danced the
NAioben and saltoare Lednms.                       character of Glaucus.  In the time of A ugustus
Mimic dancers of this kind are common to all there was never more than one dan:er at a tilme
nations, and hence we find them  in Greece and  on the stage, and he represented all the characters
Italy; in the former country they acquired a degree  of the story, both male and female, ii succession.
of perfection of which we can scarcely form an idea. (Lucian, de Saltat. c. 67; Jacobs, ad A nthol. ii. i,
But pantomimes in a narrower sense were peculiar p. 308.)  This remained the custom  till towards
to the Romans, to whom we shall therefore confine  the end of the second century of our aera, when
ourselves.  During the time of the republic the  the several parts of a story began to be acted by
name pantomimus does not occur, though the art several pantomimes dancing together.  Women,
itself was known to the Romans at an early period; during the earlier period of the empire, never apfor the first histriones said to have been introduced  peared as pantomimes on the stage, though they
from Etruria were in fact nothing but pantomimic  did not scruple to act as such at the private parties
dancers [HISTRIO, p. 612], whence we find that of the great. Duringr the latter time of the empire
under the empire the names histrio and pantomimus  women acted as pantomimes in public, and in some
were used as synonymous.  The pantomimic art, cases they threw aside all regard to decency, and
however, was not carried to any degree of perfec- appeared naked before the public.  The Christian
tion until the time of Augustus; whence some  writers therefore represent the pantomimic exhibiwriters ascribe its invention to Augustus himself, tions as the school of every vice and licentiousness.
or to the great artists who flourished in his reign. (Tertull. de Spect. p. 269, ed. Paris; see also Senec.
(Suidas, s..'OpX-flaos 7ravrodlleos.) The greatest Quaest. Nat. vii. 32; Plin. Epist. v. 24; Ammian.
pantonimes of this time were Bathyllus, a freedman  Marc. xiv. 6; Procop. Anecdot. 9.)
and favourite of Maecenas, and Pylades and Hylas.    Mythological love stories were from the first the
(Jayv. vi. 63; Suet. Aug. 45; Macrob. Sat. ii. 7; favourite subjects of the pantomimes (Ovid. Remed.
Athen. i. p. 70.)  The great popularity which  Am. 753), and the evil effects of such sensual retile pantomimes acquired at Rome in the time of presentations upon women are described in strong
Algustus throulgh these distinllguished actors, was colomls by Juvenal (vi. 63, &c.). Every represent



PARACATABOLE.                                         PARADISUS.                   863
atlon was based uponI a text written for the pur-    PARACATATIIE'CE  (7rapaecaraO8icj), fie..
pose. This text was called the Caciticuzel (Macrob. nerally signifies a deposit of something valuable
S&t. ii. 7; Plin. Eopist. vii. 24), and was mostly  with a friend or other person, for the benefit of the
written in the Greek language.  Some of them  owner.  Thus, if I deliver my goods to a friend,
may have represented scenes from, or the whole  to be taken care of for me; or if I deposit money
subjects of Greek dramas; but when Arnobius  with a banker; such delivery or bailmnet, or the
(adcl. Gent. 4, compare Antholog. i. p. 249) states, goods bailed or delivered, or the money deposited,
that whole tragedies of Sophocles and Euripides may be  called 7rapa/CarT0aS~Oi     (Herod. vi. 86;
were used as texts for pantomimic representations,  Demosth. pro P/cortn. 946); and the word is often
he perhaps only means to say that a pantomimus applied metaphorically to any important trust cornsometimes represented the same story contained in  mitted by one person  to  another.  (Demosth.
such a tragedy, without being obliged to act or c. Aphob. 840; Aesch. c. Timanrch. 26, ed. Steph.,
dance every sentiment expressed in it.  The texts de Fals. Leg. 47.)  As every bailee is bound to
of the pantomimes or cantica were sung by a chorus restore to the bailor the thingl deposited; either on
standing in the background of the stage, and the  den:and (in case of a simple bailment), or on persentiments and feelings expressed by this chorus formance of the conditions on which it was rewere represented by the pantomimus in his dance  ceived; the Athenians gave a 7rapa caTra0sl1cs  0lcc7
and gesticulation.  The time was indicated by the  against a bailee who unjustly withheld his property
scabellmn, a peculiar kind of sole made of wood or from  the owner, Q&res'Tepq/oe r7/i?.raparcarTaeOKfr.
nmetal, which either the dancer or one of the chorus  (Pollux, vi. 154.)  An example of such an action
wore.  The whole performance was accompanied  against a banker is the'rpa7rreLiSh X&dyos of
by musical instruments, but in most cases by the  Isocrates.  A pledge given to a creditor could not
flute.  In Sicily pantomimic dances were called  be recovered, except on payment of the money
[3aAAmtooil, whence perhaps the modern words ball owed to him; but, after selling the article, and
and ballet. (Compare Lessing, Abhandlung eon den satisfying his debt out of the proceeds, he vwould
Pantonimzen der Alten; Grysar, in Ersclt and  of course be hound to restore the surplus (if any)
Gruber's Encyclop. s. v. Pantomrinzischle IRunst des to the pledgor.  It follows from the nature of the.Altertsumss; Welcker, Die grieclischen Traygdien, 7rapaeK. hKtcn that it was &Ti7'oiros, but it is not impp. 1317, 1409, 1443, 1477.)           [L. S.]-  probable that the  additional penalty of &,uiL/a
PAPY'RUS.  [LIBER.]                             might be inflicted on a defendant who fraudulently
PAR  IMPAR  LUDERE (aprtao-uts, &prid- denied that he had ever received the deposit.
SEIV, prTa I0 7replTa' 7ralC(eiv), the game at odd    The  difficulty  of procuring  safe custody for
and even, was a favourite game among the Greeks money, and the general insecurity of movable proand Romans. A person held in his hand a certain  perty in Greece, induced many rich persons to
number of astragali or other things, and his op- make valuable deposits in the principal tenmples,
ponent had to guess whether the number was odd  such as that of Apollo at Delphi, Jupiter at Olymor even. (Pollux, ix. 101; Plato, Lys. p. 207; Her. pia, and others. (Meier, Att. Proc. pp. 512-515.)
Scat. ii. 3. 248; Suet. Acng. 71; ANux Eleg. 79; It may  be observed that'-riOeoOat, rapaKcaTaBecker, Gallis, vol. ii. p. 233.)                 riSOeeOa, icc the middle voice, are always used of a
PARA'BASIS.  [ConooEDIK.]                       person making a deposit for his own bezeqfit, with
PARA'BOLON  (7rapagdAoio or 7rapaGdotov), the intention of taking it up again.  Hence the
a small fee paid by the appellant party, on an ap- expression  E'o-Oati Xdpwv, to confer an obligation,
peal (eqparsi) from an inferior to a superior tribu- which gives the right (as it were) of drawing upon
nal; as for instance, from  an arbitrator or a  the obliged party for a return of the favour at
magistrate, or from the court of the  7,1UdTrat, or some future time.  Kopieso-Oai is to recover your
from the Senate of Five Hundred, to the jury or property or right.  (Isocrat. c. Euthyn. 400, ed.
HIeliastic court.  As to the sum to be paid, and  Stepih.)                             [C. R. K.]
other particulars, we are uninformed. (Pollux, viii.    PARADI'SUS  (7rapd3rlsoos), was the name
62,63; Meier, Att..Proc. pp. 767, T72.) [C. R. K.] given by the Greeks to the parks or pleasurePARACATA'BOLE (ruapaKaragoX{), a sum of grounds, which surrounded the country residences
money required of a plaintiff or petitioner in certain  of the Persian kings and satraps.   They were
cases, as a security that his complaint or demand  generally stocked with animals for the chace, were
was not frivolous, or made on slight and insuffi- full of all kinds of trees, watered by numerous
cient grounds.  Such was the deposit made in  streams, and enclosed with walls.  (Xen. Atnrb. i.
certain inheritance causes, viz. a tenth part of the  4. ~ 10, Cyr. i. 3. ~ 14, 4. ~ 5, HIell. iv. 1. ~ 33,
v-alee of the property sought to be  recovered. Oec. iv. 13; Dioed. Sic. xvi. 41; Curt. viii. i. ~ 11,
[tIERrSs.]   So also  in the proceeding termed  12; Gell. ii. 20.) These paradises were frequently
everriospKtua, which was a suit instituted against of great extent; thus Cyrus on one occasion rethe public treasury by a creditor to obtain payment viewed the Greek army in his paradise at Celaenae
out of his debtor's confiscated goods, a fifth part of (Xen. Anab. i. 2. ~ 9), and on another occasion
the value was deposited.  It was returned to the  the Greeks were alarmed by a report that there
petitioner, if successful; otherwise it went to the  was a great army in a neighbouring paradise. (Id.
state.  (Suidas, s. v.'EVer'0cri.rPa.)  The money  ii. 4. ~ 16.)
was deposited either at the adcrpirors, or on the    Pollux  (ix. 13) says that 7rapdestooe     r was u
commencement of the cause.   The word crapa- Persian word, and there can be no doubt that the
caraeoeX  signifies both the paying of the deposit, Greeks obtained it from the Persians.  The word,
and the money deposited; and, beinll  a word of however, seenis to have been used by other Eastern
more general import, we find it used to denote  nations, and not to have been peculiar to the Perother kinds of deposits, as the Wrpvraveea and  sians.   Gesenius  (Lexicon  H]ebcraiceuw, p. 838.?stpt-'craos.  (Pollux, viii. 32; Meier, Att. Proc. Lips. 1833) and other writers suppose it to be tlhe
pp. 604, 616 —621.)                 [C. R. K.]    same as te Sanskritpca, edcqs, but this word do s




,qC6           PARAG RAPHE.'PAR.lAGRA PTIE. 
not mean a laznd elevated and cultzlvated, as Ge-  the last case the wrapa-ypaop  would anIswer to ourt
senius and others state, but merely aforeign country, plea to the jIrisdiction.  (Demosth. c. Panztaen. 976;
whence is derived paradesshi, a foreainer.  The  Suidas, s. v. napa3ypacp/ and "eiOvsfcia.)
word occurs in Hebrew  (fi).3, paredes) as early    The 7rapaypaop, like every other answer (ldTlas the time of Solomlon (Eccles. ii. 5; Cant. i.         )  made by te defendant to the plinti'
13), and is also found in Arabic (firdacs), and  charge, was given in writing; as the word itself
Armenian (pardes, Schroeder, Dissert. VTeszaa. implies.  (Demosth. c. PMorin. 912.)  If the deLing. XArnies. peae^nsiss. p. 56).                  fendant merely denied the plaintiff's allegations, or
PARAGAUDA  (e7rpa yc&-sqs), the border of a  (as we might say) pleaded the general issue, he was
tunic LLIMsus], enriched with gold thread, worn  said ev OuaKav  or r~V ebsOEav Eie'ar.1, or (to7by ladies, but not allowed to men except as one of AoyETerOatL ThV e5vesslKLav eio'toC.  In this case a
the insignia of office.  These borders were among  court was at once held for the trial of the cause.
the rich presents given by Furius Placidus A.D.  If, however, he pnt in a rapeypa/j, he maintained
343, when he was made consul (lineae paragacadae,  that the cause was not elayc6,yLltos (7rapeypd4a-ro
Vopise. Aurel. 15).  Under the later emperors W          eranycra yte1oe  euae  Tjv aIKicv), and in that case
the manufacture of them was forbidden except in  a court was to be held  to  try the preliminary
their own gynaecea. (Cod. 11. tit. 8. s. ], 2.) The  question, whether the cause could be brought into
term  p1aragyauda, which is probably of Oriental  court or not.  Upon this previous trial the defendorigin, seems also to have been converted into an  ant was considered the actor, and hence is said by
adjective, and thus to have become the denomina-  Deimosthenes  (c. P/loren. 908)  tcrTryopeY,'roi
tion of the tunic, which was decorated with such  a&6scOVTOS.  He began, and had to maintain the
borders. (Lyddns de 3I~,ag. i. 17, ii. 4. 13.) [J. Y.1  ground of objection which he relied upon. (Demosth.
PARAGRiAPHE  (7rapa-ypao4).  This  word  c. Steph. 1103.)  If lie succeeded, the whole cause
does not exactly correspond with any term  in our was at an ed;  nless the objection was only to the
language, but may without much impropriety be  forn of action, or some other such technicality, in
called a plea.  It is an objection raised by the de-  which case it might be recommenced in the proper
fendant to the admissibility of the plaintiff's ac- mainier.  If, however, the plaintiff succeeded, the
tion:'" exceptio rei adversus actorem, actionemve, jur merely decided eiay'nylso       eini r3J PisCs7u
quereiltis ant de foro hand comlpetente, anut de  and then the original action, which in the meantempore, modove procedendi illegitimo."  (Reis;e,  tiithe had been  suspended, was proceeded witlh.
Index Gs'. in Orat.) Sir William Jones, in the pre-  (Demosth. c. Zenoth. 888; Lys. de Publ. Pec. 148,
face to his translation of Isieus, compares it with a  ed. Steph.)  Both  parties on  the trial of the
demnsurrer.  But this is not so correct; because a   raPpaYpe  were liable to the ewreveAia, on failure
demurrer is an objection arising out of the adver-  to obtain a fifth part of the votes.
sary's own statement of his case; whereas the    Tllce course of proceeding on a 7rapa3ypacp+  was
7rapaypaep{ was an objection depending on facts  obviously calculated to delay the progress of the
stated by the defendant himself, and  therefore  cause, and was therefore not looked on with favour
rather resembles aplea, or (more strictly) a special by the dicasts.  nporpdeErs,  rceuoklai, wrapaypaplea.   This appears from the 7rapayparKoi X4yoslm ql, To 6ec ruv vulcuv, excuses, delays, pleas, legal
of Demosthenes, in which lwe find the defendant objections, are classed together by the orator as
introducing new  allegations into the cause, and  being  the  manoeuvres  of defendants to defeat
supporting them  by proof.  Thus, in the speech  justice.   Hence we find in the extant arapaypaeagainst Nausimachus and Xenopithes, the ground   ol Ao'oy, that the defendamt, in order to remo-e
of objection is, that the father of the defendants  the prejudice of the dicasts against himself, not only
having obtained a release friom  the plaintiffs, it supports the ground of the 7rapaypaeq3, but diswas no longer opeIn to the plaintiffs to bring an ac-  cusses the general merits of the cause, and ention for the same cause.  But the first mention of deavours to show that there is Ino foundation for
-this release is made by the defendants in their  the plaintiff's complaint.  And there is no doubt,
plea.  In the speech against Zenothemis the de- that the dicasts were materially influenced by such
fendant objects, that the eyUropic7j aisc  does not discussion, however in strictness irrelevant.  (Delie, because there was no written contract between  mosth. C. Afid. 541, c. Lacr. 924, c. Steph. 1117,
him and the plaintiff on a voyage to or from Athens; pro PPhoris. 944, A slgult. Or. c. Zenoth.)   The
and this (says he) appears from  the declaration  same observation applies to the BtaeuapTvpta. [See
itself (fEv Twc Ay'ApEtarm).  As parties could not H Eass.]  (Isaeus, de Psiloct. her. 60, de Apoll.
be defeated at Athens by a technical objection to  her'. 63. ed. Steph.; Demnosth. c. Leoch. 1097.)
the pleadings, the defendant in the above case,    There was no such thing as this proceeding by
notwithstanding  the defective statement of the  7rapayp  91, until after the expulsion of the thirty
plaintiff in the declaration, *was compelled to bring  tyrants, when a law was passed oin the proposal of
forward his objection by plea, and to support it Archlinus,  V,rs erriiclcasat 7raps -robs`psoKOI    -
before the jury.  In the speech against Phiormio, eFVa'rip eEYoVrt n   rapypduPa Oaat, Trobs Bi apthe plaintiff says that as the defendant only denies  XOu'rav repl  roTrou 7rpCTrou eIdayei, Xi'yewV N
that he has committed a breach of the contract, 7rp  rEpo' rbV  -7rapaypaxdyEVOu, h7rshepos 8' &v
there was no occasion for a 7rapaypae: the ques-  17T71rOf1, TlJ  E'7rroCeXl'av   o (petilv.   The object of
tion merely was, whether the plaintiff's charge was this law appears to have been, to enable any person
true.  It seems that a srapaypa~ij might be put in, against whom an information or prosecution might
not only when the defendant could show that the  be brought, or action commenced, for any matter
cause of action was discharged, or that it was not arising out of the late political troubles, to obtain
maintainable in point of law; but also when the  the benefit of the general amnesty, by specially
form  of action lwas misconceived, or when it was  pleading the samile, alld so bringing his defence in
commenced at a wrong time, or brought before  a more solenin manner before the court. The same
the wrong magistrate (7ecyl,    a   TisTar?spfou.)  In  privilege was afterwards extended to other grotroids




PARANOTAS GRAPHE.                               PARANOMON GRAPHE.   865
of defence.  (See the opening of the speech of Iso- plaint was well grounded, the court decreed that
crates against Callimachus.)  Before this time all the next heir should take possession of the lunatic's
special objections to the adversary's course of pro- property, and probably also made some provision for
ceeding seem to have been called a&srypaoapl, and  his being put in confinement, or under proper care
sometimes twaoogat, because an oath was taken  and guardianship. (Suidas, s. v. laparvoia: Xen.
by the party who tendered them.  (Lysias, c. Mete. i. 2. ~ 49; Aristoph. Nub. 844; Aesch. c.
Pancl. 166, ed. Steph.; Aristoph. Eccles. 1026; Ctes. 89, ed. Steph.)  it is related of Sophocles,
Schol. ad loc.; Suidas, s. v.'EcSwoo ogwa; Meier, that having continued to write tragedies to an adAtt. Proc. pp.- 644-650.)          [C. R. K.]    vanced age, and by reason thereof neglected his
PA'RALUS (7rdpaxos), and SALAMII'NIA  family affairs, he was brought before the court by
(aaAaiavzla).  The Athenians from  very  early  his sons, and accused of lunacy; that he then read
times kept for public purposes two sacred or state to the judges his Oedipus Coloneuls, which he had
vessels, the one of which was called Parealus and just composed, and asked them if a mall out of his
the other Salaminia: the crew of the one bore the mind could write such a poem as that; whereupon
name of 7rapA27rat or 7rdpaXol, and that of the  they acquitted him. (Cic. de Senect. 7.) The story
other coa~ajivioz.  (Phot. s. v. Ildpaaos  and  is told differently by the anonymous author of the
-ra'paXol.)  In the former of these two articles life of Sophocles; who speaks. of the suit as taking
Photius erroneously regards the two names as be- place between Iophon and his father, and seems to
longing to one and the same ship. (Pollux, vii. 116; intimate that it was preferred before the (ppadopes.
HIesych. s. a.  HapairMss.)   The Salaminia was In this last point he is supported by the Scholiast
also called A-X;ia or eooptIs, because it was used to  on Aristophanes, but it can hardly be correct; as
convey the &Ewcpol to Delos, on which occasion the  we have no other authority for supposing that the
ship was adorned with garlands by the priest of Aopdaropes had such a jurisdiction, and Pollux (viii.
Apollo. (Plat. Ph/aed. p. 58,-c.)  Both these yes- 89) expressly says that the 7rapavoias?ypaop came
sels were quick-sailing triremes, and were used for before the archon; to whom indeed it peculiarly
a %variety of state purposes:. they conveyed theories, belonged, as being a matter connected with family
despatches, &c. from Athens,  carried treasures rights; and, if so, we are to understand that it
from subject countries to Athens, fetched state cri- came before the archon in the regular way, as
minals from foreign parts to Athens, and the like.  7,yqe/sw' 8KcarTqVpov. (Mheier, Att. Proc. pp. 296(Thucyd. vi. 53, 61.)  In battles they were fre- 298.)  It is highly probable that there was some
quently used as the ships in which the admirals foundation for this anecdote of Sophocles.  He
sailed.  These vessels and their crew were always might perhaps have given offence to his sons by
kept in readiness to act, in case of any necessity  that penuriousness which is said to have crept upoll
arisinlg; and the crew, although they could not for him in his-old age; and Iophon being a poet, and
the greater part of the year be in actual service, lying under the suspicion of being assisted by his
received their regular pay of four oboli per day all father, might possibly be induced by a mean jeathe year round.  This is expressly stated only of lousy to bring this charge against him. (See Aristhe Paralus (Harpocrat. and Phot. s. v. aldpaXos), toph. Ran. 78, Pax, 697.) The play of Oed. Col. apbut may be safely said of the Salaminia also. The pears to exhibit the wounded feelings of the writer.
statement of the scholiast on Aristophanes (Av. (See more especially 337, 441.)    [C. R. K.]
147; comp. Suidas, s. v. eaheaulvia Yaos), that the    PARANOMON  GRAPHE (7rapapovcov -ypa'
Salaminia was only used to convey criminals to  Ad').  An indictment for propounding an illegal, or
Athens, and the Paralus for theories, is incorrect, rather unconstitutional measure or law.  We have
at least if applied to the earlier times.  When  seen [NOMOTHETES] that any Athenian citizen
Athens had become a  great maritime power, was at liberty to make a motion in the popular
and when other ships were employed for purposes assembly, to pass a new law, or amend an old one.
for which before either the Salaminia or the Paralus In order to check rash and hasty legislation, the
had been used, it is natural to suppose that these  mnover of any law or decree, though he succeeded
two vessels were chiefly employed in matters con- in causing it to be passed, was still amenable to
nected with religion, as-theories, and in extraordi- criminal justice, if his enactment was found to be
nary cases, such- as when a state criminal like inconsistent with other laws. thaa remained in force,.
Alcibiades was to be solemnly conveyed to Athens. or with the public interest.  (Dergosth. c. Tintoc.
The names of the two ships seem  to point to a 710, 711.)  Any person might: institute against
very early period of the history of Attica, when  him the ypacp orapav4Awv within a year from the
there was no navigation except between Attica passing- of the law.  If he was convicted, not only
and Salamis, for which the Salaminia was used, did the law become void, but any punishment
and around the coast of Attica, for which purpose might be inflicted on him, at the discretion of the
the Paralus was destined.  In later times the judges before whom  he was tried; for it was a
names were retained, although the destination of  qstl'bs layeIp. A person thrice so convicted lost
the ships was principally to serve the purposes of the right of proposing laws, in future.  The cognireligion, whence- they are frequently called the  zance of the cause belonged to the Thesmothetae.
sacred ships. (Bdckh, Publ. Econ. of Atlzens,. p. (Sclximann, Aozt. Jur. P2b. b. G. p.244.) The pro240, 2d ed.; GBller, ad Tiiucyd. iii. 33; Schb- secutor was compelled to take. an oath, called by
nlanu, ad Isaeuma, p. 296.)           [L. S.]   the same name as that taken to obtain delay in
PARANOIAS GRAPHE (7rapavotas ypacp1). courts of justice (vrwuoeoaia), because it had the
This proceeding may be compared to our commis- effect of delaying the operation of -the proposed
sion of lunacy, or writ de luratico inquirendo.  It measure, which otherwise might have come into
was a suit at Athens that might be instituted by a force immediately. (Schhmann, Id. p. 224.)  Exson or other relation against one who, by reason of amples of such prosecutions are the speech of Demadness or mental imbecility, had become inca- mosthenes against Timocrates, and that of Aes-pable of managing his own affairs. If the com- chines against Ctesiphon.  They both comment on
3K




866          PARAPRESBEIA.                                         PA.RASANGA.
the importance of the prosecution, as tending to oavvyopoi to prosecute; and this probably was the
preserve the existing laws, and maintain constitu- ordinary course in case of any pecuniary malvertional liberty. (Demosth. c. Tim. 748, 749; Aesch. sation.  Accusations, however, of a more general
c. Ctes. 54, 82, ed. Steph.)  Notwithstanding this nature were commonly preferred by individuals,
check, the mania for legislation appears to have in- giving information to the AhoyLcal, who, for the
creased so greatly at Athens in later times, that purpose of giving any citizen an opportunity of so
Demosthenes (c. Leptin. 485) declares that 4l/plr- doing, caused their KlpvU to make proclamation in
/,cdrwO  oub' 6'LoUv 8LaJEpovav   of rydo'o.  This public assembly, that such a person was about to
arose from the relaxation of that precautionary law  render his account, and to ask if any one intended
of Solon, which required every measure to be ap- to accuse him.  If an accuser appeared, his charge
proved by the vojuoOE&aw, before it could pass into  would be reduced to the form  of a yparpq, and
law. (NOMOTHETES, and Schimann, Id. p. 229.) the prosecution would be conducted in the usual
It is obvious that, while the people in assembly  way, the Aoyra-Tra being the superintending magishad the power of making decrees which could re- trates.  (Pollux, viii. 40, 45; Sch6mann, Id. p.
main in force for a year, if they wished to evade  240; Meier,AVt. Proc.pp. 214-224.) Magistrates,
the law of Solon, all they had to do was to renew  who were annually elected, rendered their accounts
their decree from year to year, and thus in practice  at the end of the official year; but ambassadors,
the 4*'tpioya became uo'/os.                     who were extraordinary functionaries, had no time
If the year had elapsed, the propounder of the  limited for this purpose.  Aeschines delayed giving
law could not be punished, though the law itself an account of his embassy to Philip for three years.
might be repealed in the ordinary way by the in- (Demosth. de Fcals. Leg. 374; Thirlwall, Gr. Ilst.
stitution of proceedings before the voloOe'rat, before  vol. vi. p. 26.)  We can hardly suppose, however
whom it was defended by the five U(otivKOL.  The  (as Thirlwall states), that the time of rendering
speech against Leptines was made in a proceeding  the account was optional with the ambassador himagainst the law itself, and not against the mover. self; since, not to mention the power of the AoTyurAs the author of the second argument says, 7rapeh- -ra, it was open to any man to move for a special
06wTos -roD Xpouov, Ev y  ~ vr euvo VOS' KpLoeL real decree of the people, that the party should be called'TLrcwp[a ypc&pcv Tl',s  ydOVl', eaLVEETo AeirTrLvlS  to account immediately. The ypal 7rarparpergefas
alvsvvos. 30E,  Erpbs aberbn, &hX' o' icaT"  arToO was a rmjW'rTbs &ycY (Meier,Att. P-oc. p. 193); and
Ahdyos. (Hermann, Pol. Ant. ~ 132.)  [C. R. K.]  as it might comprise charges of the most serious
PARANYMPHUS (Orap'vvyePos).   [MATRI- kind, such as treachery and treason against the
MONITM, P. 737, a.]                                state, the defendant might have to apprehend the
PARAPETASMA.  [VELUMv.]                         heaviest punishment. Aeschines (de Fals. Leg. 28,
PARAPHERNA.  [Dos.]                             52) reminds the dicasts of the great peril to which
PARAPRESBEIA  (7rapa'rpeorCda), signifies  lie is exposed, and makes a merit of submitting to
any corrupt conduct, misfeasance, or neglect of his trial without fear.  Besides the qypa&p,, an
duty on the part of an ambassador; for which he  eLayyehAa might be brought against an ambassador;
was liable to be called to account and prosecuted  upon which the accused would be committed to
on his return home.  (Demosth. c. Mid. 515, de prison, or compelled to give bail for his appearance.
F:zis. Leg. 342.) Ambassadors were usually elected  This course was taken by Hyperides against Philo.
by the people in assembly; they either had in- crates, who avoided his trial by voluntary exile.
structions given to them, or not; in the latter case  (Aeschin. c. Ctes. 65, ed. Steph.)    [C. R. K.]
they were called abirKparTOpes, envoys with full    PARASANGA  (6 7rapadrajVS), a Persian
powers, or plenipotentiary. (Thucyd. v. 45; Aesch. measure of length, frequently mentioned by the
c. Ctes. 62, ed. Steph.)  To act contrary to their Greek writers.  It is still used by the Persians,
instructions (rctp& -A  *rjspijaya 7rppeo-tr~Et') was a who call it ferseng, which has been changed in
high misdemeanour. (Demosth. de Fals. Leg. 346.) Arabic intofiu-saskh.
On their return home they were required imme-    According to Herodotus (ii. 6, v. 53, vi. 42) the
diately to make a report of their proceedings parasang was the half of the Egyptian schoenus,
(&aray.ye'AXetv   T'b  zrpeogetlav) first to the Senate of and was equal to 30 Greek  stadia.   Suidas
Five Hundred, and afterwards to the people in  (s. v.) and Hesychius (s. v.) assign it the same
assembly.  (Aesch. de Fals. Leg. 30, ed. Steph.; length; and Xenophon must also have calculated
Aristoph. Ach. 61; SchUmann, Ant. jur. pub. Gr. it at the same, as he says (Anab. ii. 2. ~ 6) that
p. 234.)  This done, they were functi officio; but 16,050 stadia are equal to 535 parasangs (16,050
still, like all other persons who had held an office  4- 535 =30.)  Agathias (ii. 21), however, who
of trust, they were liable to render an account quotes the testimony of Herodotus and Xenophon
(Ebdsvas) of the manner in which they had dis- to the parasang being 30 stadia, says that in his
charged their duty. (Demosth. de Fals. Leg. 367, time the Iberi and Persians made it only 21 stadia.
406.)  The persons to whom such account was to  Strabo (xi. p. 518) also states, that some writers
be rendered were the hoytorai, and the officers reckoned it at 60, others at 40, and others at 30
associated with them, called evOvvoi. A pecuniary  stadia; and Pliny (II. N. vi. 26. s. 30) informs
account was only rendered in cases where money  us, that the Persians themselves assigned different
had passed through the hands of the party; in  lengths to it.  Modern English travellers estimate
other cases, after stating that he had neither spent it variously at from 3j to 4 English miles, which
nor received any of the public money, the accounting  nearly agrees with the calculation of Herodotus.
party was discharged, unless there was reason for These variations may probably be accounted for
thinking that he deserved to be proceeded against by the fact, to which attention has been called
for misconduct.  The AoyLTtrar  themselves had under MENSURA, that itinerary distances were
power to summon the party at once to appear as a originally indefinite, and therefore that the values
criminal, and undergo the avadstpirs in their office of the parasang, at least those given by the earlier
(AorOYs'Tptov), upon which they would direct  the  Greek- writers, were only computed values.  This




PARASITI.                                           PAREDRI.                   867
view  is confirmed by the opinion of the best new -Attic comedy, and in their Roman imitations,
Oriental scholars respecting the etymology of the  the parasites are standing characters, and although
word. (Comp. Ukert, Geogr. d. Griech. u. Rnz. they are described in very strong colours in these
vol. i. pt. 2, p. 77, and iiber die Art d. Gr. u. R. comedies, yet tile description does not seem to be
die Entfernungen.zu bestimrnens.)  Its true etymo- much exaggerated, if we may judge from other aclogy is doubtful. Riidiger (in Ersc uand Gruber's counts of real parasites.  We shall not therefore
EoVyclopadie, s. v. Paras.) supposes the latter part be much mistaken in borrowing our description of
of the word to be the same as the Persian senmy, " a parasites chiefly fromn these comedies.
stone," and the former part to be connected with the    The characteristic features common to all paraSanskrit palra, " end," and thinks that it may have  sites are importunity, love of sensual pleasures, and
derived its name from the stones placed at the end  above all the desire of getting a good dinner withof certain distances on the public roads of Persia.  out paying for it.  According to the various means
PARASE'MON  (7rapdriauov).  [INSIGNE.]   they employed to obtain this object, they may be
PARASI'TI (7rapd(reoT) properly denotes per- divided into three classes.  The first are the
sons who dine with others.  In the early history  yeAsrVo7roloi or jesters; who, in order to get some
of Greece the word had a very different meaning  invitation, not only tried to amuse persons with
from that in which it was used in later times. Tb their jokes, but even exposed their own person to
Es ye 7DrapaIereU  iovv   IvaraXa E'ie  )v  Eejalyby  ical ridicule, and would bear all kinds of insult and
Sep4v, says Athenaeus (vi. p. 234), and he proves abuse if they could only hope to gain the desired
from various decrees (rl(piopara) and other autho- object.  Among these we snay class Philippus in
rities that -anciently the name 7rapdereTos was given  the Symposium of Xenophon, Ergastilus in the Capto distinguished persons, who were appointed as tivi, and Gelasimus in the Stichus of Plautus. The
assistants to certain priests and to the highest ma- second class are the So'AaKse or flatterers (assenta,
gistrates. As regards the priestly and civil parasites, tores), who, by praising and admiring vain persons,
the accounts of their office are so obscure that we are endeavoured to obtain an invitation to their house.
scarcely able to form any definite notion of it.  An  Gnatho in the Eunuchus of Terence, and the Arto.
ancient law (Athen. 1. c.) ordained that each of the  trogus in the Miles Gloriosus of Plautus, are ad-'
priestly parasites should select from the /ovucoxia  mirable delineations of such characters.  The third
the sixth part of a medimnus of barley, and supply  class are the 3repa7reVTrUco or the officious, who by a
with it the Athenians who were present in the  variety of services even of the lowest and most detemple, according to the' custom of their fathers; grading description endeavoured to acquire claims
and this sixth of a medimnus was to be given by  to invitations. (Plut. de Adul. 23, de Educat. 17.)
the parasites of Acharnae.  The meaning of this  Characters of this class are the parasites in the
very obscure law is discussed by Preller. (Polemonis Asinaria and Menaechmi of Plautus, and more
]iagzs. p. 115, &c.)  Thus much, however, is especially the Curculio and Saturio in the Persae of
clear, that the parasites were elected in the denmes Plautus, and the Phormio of Terence.  From the
of Attica from among the most distinguished and  various statements in comedies and the treatise of
most ancient families.  We find their number to  Plutarch, De Aldulatosis et Anmici Discrimine, we
have been twelve, so that it did not coincide with  see that parasites always tried to discover where a
that of the demes.  This may be accounted for by  good dinner was to be had, and for this purpose
supposing that in one demos two or more gods were  they lounged about in the market, the palaestrae,
worshipped, whose service requireda parasite; while  the baths, and other public places of resort. After
in another there was no such divinity.  The gods they had fixed npon a person, who was in most
in whose service parasites are mentioned, are He- cases probabIy an inexperienced young man, they
racles, Apollo, the Anaces, and Athena of Pallene. used every possible means to induce him to invite
Their services appear to have been rewarded with  them.  No humiliation and no abuse could deter
a third of the victims sacrificed to their respective  them  from pursuing their plans.  Some examples
gods.  Such officers existed down to a late period  of the most disgusting humiliations which parasites
of Greek history, for Clearchus, a disciple of Ari- endured, and even rejoiced in, are mentioned by
stotle, said that parasites in his own days con- Athenaeus (vi. p. 249) and Plutarch. (De Occult.
tinued to be appointed in most Grecian states to  viv. 1, Sympos. vii. 6; compare Diog. Laert. ii.
the most distinguished magistrates. (Athen. vi. p. 67.)  During the time of the Roman emperors a
235.)  These, however, must have been different parasite seems to have been a constant guest at the
from the priestly parasites.  Solon in his legislation  tables of the wealthy. (Lucian, de Parasit. 58.)
called the act of giving public meals to certain    (Compare Becker, Charikles, vol. i. p. 490; Le
magistrates and foreign ambassadors in the pry-  Beau, in the Histoire de l'Acad. des Inscript. vol.
taneum, 7rapaOt'reV (Plunt. Sol. 24), and it may be  xxxi. p. 51, &c.; M. H. E. Meyer, in Erscl cend
that the parasites were connected with this insti-  Gruibe's Encyclopiidie, s. v. Parasiten.)   [L. S.]
tution. (Compare Pollux, vi. c. 7.)                  PARASTADES.  [ANTAE.]
The class of persons whom we call parasites was    PARA'STASIS  (raprpr'Taeros), a fee of one
very numerous in ancient Greece, and appears to  drachm  paid to an arbitrator by the plaintiff, on
have existed from  early times, though they were  bringing his cause before him; and by the denot designated by this name.  The comedies of fendant, on putting in his answer.  The same
Aristophanes contain various allusions to them, and  name was given to the fee (perhaps a drachm)
Philippus, who is introduced in the Symposium  of paid by the prosecutor in most public causes.
Xenophon, as well as a person described in some  (Harpocr. s. v. rIapda'aoes; Meier, At. Proc.
verses of Epicharmus preserved in Athenaeus, are  pp. 614, 615.)    [Compare  DiAETETAE,  P.
perfect specimens of parasites.  But the first writer 397, b.]                         [C. R. K.]
who designated these persons by the name of   PARASTATAE.. [HENDECA.]
Wrapta'reoL was Alexis in one of his comedies.    PARAZO'NIUM.  [ZoNA.]
(Athen. vi. p. 235.)  In the so called middle and    PAREDRI (mripeapom).   Each of the three
3K 2




868                PARIES.                                             PARIES.
superior archons was at liberty to have two asses- lath-ald-plaster wall, nlade of canes or hurdles
sors (7rdpebpos) chosen by himself, to assist him  [CRATES], covered with clay. (Plin. 11. NV. xxxv.
by advice and otherwise in the performance of his  14. s. 48; Festus, s. v. Solea.)  These were used
various duties.  The assessor, like the magistrate  in the original city of Rome to form entire houses
himself, had to undergo a 3ocicLaoria   in the Senate  (Ovid. Fast. iii. 183, vi. 261; Vitruv. ii. 1); afterof Five Hundred and before a judicial tribunal, wards they were coated with mortar instead of clay,
before he could be permitted to enter upon his and introduced like our lath-and-plaster walls in
labours. He was also to render anl account (feOUv7) the interior of houses.
at the end of the year.  The office is called an    II. Vitruvius (1. c.) mentions as the next step,
aPX~1 by Demosthenes (c. Neaer. 1369).  The  the practice, common in his time among the Gauls,
duties of the archon, magisterial and judicial, were  and continued to our own in Devonshire, of drying.so numerous, that one of the principal objects of square lumps of clay and building them into walls,
having assessors must have been to enable them  which were strengthened by means of horizontal
to get through their business.  We find the ird- bond-timbers (j3sga7nenta) laid at intervals, and
pespos assisting the archon at the AhiLs 8iKros. which were then covered with thatch.
(Demosth. c. Tlieoc. 1332.)  He had authority to    III. The paries fosrmaceus, i. e. the pise wall,
keep order at public festivals and theatres, and to  made of rammned earth. [FoRsIA.]
impose a fine on the disorderly. (Demosth. c. M1id.    IV. In districts abounding with wood, log-houses
572.)  As the archons were chosen by lot (KcXV- were common, constructed, like those of the Sibepcoaro), and might be persons of inferior capacity, liansi and of the modern Americans ill the back
and not very well fitted for their station, it niight settlements, of the trunks of trees, which, having
often be useful, or even necessary for them, to pro- been more or less squared, were then laid uponl
cure the assistance of clever men of business. one another ini an horizontal position, and had their
(Demosth. c. Nleaer. 1372.)  And perhaps it was interstices filled with chips (sclidiis), moss, and
intended that the 7rdpsepoL should not only as- clay.  After this namalner  the Colchians erected
sist, but in some measure check and control the  houses several stories high. (Vitruv. 1. c.; cormpower of their principals.  They are spoken of. pare Herod. iv. 108; Vitruv. ii. 9.)
as being fosi0oo, or'csovXo Kmcal ovpXaKes.  Demo-    V. The paries lateritius, i. e. the brick  wall.
sthenes accuses Stephanus of buying his place of [LATER.] Among the Romans the ordinary thickthe'ApXwav f3aaLAeus (c. Neaer. 1369).  It was ness of an outside wall was 18 inches (sesquipes),
usual to choose relations and friends to be asses- being the length of the common or Lydian brick;
sors; but they might at any time be dismissed, at but, if the building was more than one story high,
least for good cause. (Demosth. e. Neaer. 1373.) the walls at the bottom were either two or three
The Thesmothetae, though they had no regular bricks thick (diplinthii aut triplinltAii) according to
7rapespot, used to have counsellors (od'P.ovAXo), circumstances. The Egyptians sometimes exhibited
who answered the saine purpose. (Demoesth.c. T/eoc.  a chequered pattern, and perhaps other devices,
1330; Schbmann,Ant. J2n. Pub. Cr. p. 245; Meier, upon the walls of their houses by the alternation
Att. Proc. pp. 57-59.) The officetof 7rdpe8sos was  of white and black bricks.  (Ath. v. p. 208, c.)
called 7rapEplfa, and to exercise it arprape wpeue.  The Romans, probably in imitation of the EtruFrom the 7rapeSpoi of the archons, we must dis- rians, often cased the highest part of a brick wall
tinguish those who assisted the EvOvvmot in examin- with a range of terra-cottas (structura and loricc
ing and auditing magistrates' accounts. The e60Jvvoi testacea, Vitruv, ii. 8; Pallad. de Re Rust. i. 11),
were a board of ten, and each of them chose two  eighteen inches high, with projecting cornices, and
assessors. (Schamann, Ant. Jur. Pub. Gr. p. 240; spouts for discharging the water from  the roof.
AMeier, Att. Proc. p. 102.) [EUTHYNE.]  [C.R.K.]  [ANTFFIX A.]
PAREISGRAPHE  (mrapesmypadp) ), signifies a    VI. The reticulata structura (Plin. HI. N. xxxvi.
-fraudulent enrolment in the register of citizens. 22. s. 51), i. e. the reticulated, or resembling netFor this an indictment lay at Athens called jeV[as work.  This structure consists in placing square or
ypamp1i: and, besides, the a77/stmat might by their lozenge-shaped stones side by side upon their
ia*ai(po'mls eject any person who was illegally en- edges, the stones being of small dimensions and
rolled among them.  From  their decision:there.cemented by mortar (nmateria ex calce et arena). In
might be an appeal to a court of dicasts; ~of which  many cases the mortar has proved more durable
the speech of Demosthenes against Eubulides than the stone, especially where volcanic tufa is
furnishes an example.  If the dicasts oconfirmed  the material employed, as at Baiae in the Bay of
the decision of the a7lUOrTae, the appellant party  Naples, and in the villa of Hadrian near Tivoli.
was sold for a slave.  Spurious citizens are some- This kind of building is very common in the antimes  called  7rapEy-ypamrrom, 7rapeyyeypa/ufEVom. cient edifices of Italy.  Vitruvius says (ii. 8), that
(Aesch. de Fals. Leg. 38, 51, ed. Steph.)  The ex- it was universally adopted in his time.  Walls
pression 7rapemoypapirs ypaqil is not Attic. (Schi- thus constructed were considered more pleasing to
mann, Ant. Jur. Pub. Gr. p. 206; Meier, Att. Proc. the eye, but less secure than those in which the
pp. 347 —349.)                      [C. R. K.]    stones lay upon their flat surfaces.  The front of
PARENTA'LIA.  [FuNus, p. 562, b.]               the wall was the only part in which the structure
PA'RIES (roxos), the wall of a house, in con- was regular, or the stones cut into a certain form,
tradistinction to Muaus (TeXos), the wall of a  the interior being rubble-work or concrete (farcity, and maceries (re-Xwio), a small enclosure, such  tura), i. e. fragments and chippings of stone (caeas a court-yard; sometimes re[XtoV is used for the  menta, XIala) imbedded in mortar.  Only part of
wall of a house. (See Liddell and Scott.)  Among  the wall was reticulated: to give it firmness and
the numerous methods employed by the ancients in  durability the sides and base were built of brick or
constructing walls we find mention of the follow- of squared stones, and horizontal courses of bricks
Ing:                                               were laid  at intervals, extending through the
I. The paries cratitius, i. o. the wattled or the  length and thickness of the wall.  These circum.




PARIES.                                          PARIES:                  869
stances are well exemplified in the annexed wood- for workmanship (AOovrs'rt-Lovs), and the gold
cut, which is copied from the drawing of a;wall at and silver, which were exhibited in the walls of
Pompeii, executed on the spot by Mr. Mocatta.    such a temple as that just mentioned, with the
logs of wood, the thatch, the straw and cane, em~ — ~  i"~~' ~~~~l    -=~  ployed in building walls of the four first kinds.
~[:ff__J =-                    X!'~'~,.'~'~~....;.."~*~.'.~ ~'~ ~   (1 Cor. iii. 10-15.)  Vitruvius also strongly ob-'[~; —11   1. t i'.'-: 8'. -ql-.~ k......' I~-  I jects to the paries cratitits on account of its great
= _ -  -z  combustibility (ii. 8. adfin.). Respecting walls of
I-  this kind see further under MURUs.
___  rl,   \Cicero, in a single passage of his Topica (~ 4),.uses four epithets which were applied to walls. He' —,_! _  -   opposes the pauies soliduzs to the fbrnicatses, and
the commuGnis to the directus.  The passage at the: — -  ----  same time shows that the Romans inserted arches
cFoRNIX] into their " common" or party walls.
L —___'  -The annexed woodcut, representing a portion of..-___ _:_:                             I
{ A
VII. The structure antique or incerta, i. e. the   -
wall of irregular masonry, built of stones, which
were not squared or cut into any exact form.  The
necessary consequence of this method of constrnction was, that a great part of the wall consisted of
mortar and rubble-work. (Vitruv. 1. c.)                           -     -.::'
VIII. The emnplecton, i. e. the complicated wall,
consisting in fact of three walls joined together. the supposed Thermae at Tr&ves (Wyttenbach's
Each side presented regular masonry or brickwork; Guide, p. 60), exemplifies the frequent occurrence
but the interior was filled with rubble (jicrtura). of arches in all Roman buildings, not only when
To bind together the two outside walls, and thus they were intended for windows or doorways, but
render the whole firm and durable, large stones or also when they could serve no other use than to
courses of brickwork (coagmenta) were placed at strengthen the wall.  In this "paries fornicatus "
intervals, extending through the whole thickness each arch is,combination of two or more concenof the wall, as was done also in the Structura Re- tric arches, all.built of brick.  This specimen also
ticulata.  Walls of this description are not uncom- shows the alt ernation of courses of brick and stone,
mon, especially in buildings of considerable size.    which is a common characteristic of Roman maIX. The paries e lapide quads-ato, i. e. the ashlar sonry.  The "paries solidus," i. e. the wall without
wvall, consisting entirely of stones cat and squared  openings for windows or doorways, was also called
by the chisel.  [DOLABRA.]  This was the most "a blind wall" (Virg. Aen. v. 589); and the
perfect kind of wall, especially when built of mar- paies cormmeunis (Ovid. Met. iv. 66; colbs ro7Xos,
ble.  The construction of such walls was carried to  Thucyd. ii. 3), which was the boundary between
the highest perfection by the architects of Greece; two tenements and common to them  both, was
the temples of Athens, Corinth, and many cities of called iltergerinus, al. inte2rgeriveus (Festus, s. v.;
Asia Minor still attesting in their ruins the ex- Plin. II. N. xxxv. 14. s. 49), and in Greek 1Jeodtreme skill bestowed upon the erection of walls. rotXos (Athen. vii. p. 281,d), oreclr5osxos,. (Ephl.
Considerable excellence in this art must have been  ii. 14.)  The walls, built at right angles to the
attained by the Greeks even as early as the age of party-wall for the convenience of the respective
Homer, who derives one of his similes from the  families, were the parietes directi.
" nicely fitted stones " of the wall of a house. (II.    Walls were adorned, especially in the interior of
xvi. 212.)  But probably in this the Greeks only  buildings, in a great variety of ways.  Their plane
copied the Asiatics; for Xenophon came to a de- surface was broken by panels. [ABACUS.] Howserted city in Mesopotamia, the brick walls of ever coarse and rough their construction might be,
which were capped by a parapet of' polished shell every unevenness was removed by a coating, two
marble." (Anab. iii. 4. ~ 10.)  Besides conferring  or three inches thick, of mortar or of plaster with
the highest degree of beauty and solidity, another rough-cast' consisting of sand together with stone,
important recommendation of ashlar walls was, brick, and marble, broken and ground to various
that they were the most secure against fire, an  degrees of fineness.  (Vitruv. vii. 3; Acts, xxiii.
advantage, to which St. Paul alludes, when he  3.)  Gypsum also, in the state which we call
contrasts the astones, valuable both for material and  plaster of Paris, was much used in the mrot
3K3




870              PVARMA:[                                          PAROPSIS.
splendid edifices, and was decorated with an end- to the clipeus -of the Palladium, becaus6, the statue
less variety of tasteful devices in bas-relief.  Of being small, the shield was small in proportion.
these ornaments, wrought in stucco (opus albasrizum), (Aens. ii. 175.)
specimens remain in the " Baths of Titus" at Rome.    The annexed woodcut represents a votive pariea,
When the plasterer (tector, eovzacims)- had finished
his work (trullissatio, i. e. trowelling; opus tecto -
lrium), in all of which he was directed by the use                               i
of the square [NORaIA], the rule, and the line and 
plummet [PERPENDICULULM], and in which he
aimed at producing a surface not only smooth and                                    /
shining, but as little as possible liable to crack or
decay (Vitruv. vii. 3), he was often succeeded by                     t1                   A
the painter in fresco (udco tectorio, Vitruv. 1. c.). In a 31l I\ 
many cases the plaster or stucco was left without
any additional ornament; and its whiteness and  
freshness were occasionally restored by washing it _,    (   2 
with certain fine calcareous or aluminous earths
dissolved in milk (paraeetoniuzm, Plin. H. NV. xxxv. 
6. s. 18; terra Selinuzsia, 16. s. 56).  A painted    A3X=m;e-                   (
wall was commonly divided by the artist into
rectangular compartments, which he filled accord-        cc'
ing to his taste and fancy with an endless variety  
of landscapes, buildings, gardens, animals, &c.                     -
(Vitruv. vii. 5.)
Another method of decorating walls was by en- embossed (e(rup XaraoV) [MALLEUS] and gilt, recrusting them with slabs of marble (crustae). The  presenting on its border, as is supposed, the taking
blocks, designed for this purpose, were cut into  of Rome by the Gauls under Brennus and its rethin slabs by the aid of saw-mills. [MOLA.] Vari- covery by Caumillus.  It belonged formerly to the
ous kinds of sand were used in the operation, ac- Woodwardian Museum, and is supposed by anticording to the hardness of the stone; emery (naica, quaries to have been made in the time of Claudius
Plin. H. N. xxxvi. 6. s. 9) being used for the  or Nero.  The boss (unzbo) is a grotesque face,
hardest.  This art was of high antiquity, and pro..- surrounded with ram's horns, foliage, and a twisted
bably Oriental in its origin.  The brick walls of beard. (Dodwell, de Parmza Wooclwardiana, Oxen.
the Mausoleum at Halicarnassus, built as early as  1713.)  Compare Bernd, Das Wappenweesen der
355 B. C., were covered with slabs of Proconnesian  GCrZicena und Riinzer, Bonn, 1841.  [J. Y.]
marble (Plin. H. N. xxxvi. 6); and this is the    PA'ROCHI, were certain people who were
most ancient example upon record.  In the time  paid by the state to supply the Roman magistrates,
of Pliny (H. N. xxxv. 1) slabs of a uniform  colour ambassadors, and other official persons, when they
were sometimes inlaid with variously coloured ma- were travelling, with those necessaries which they
terials in such a way as to represent animals and  could not conveniently carry with them.  They
other objects.  In  short the beautiful invention  existed on all the principal stations on the Roman
now called Florentine Mosaic was then in use for roads in Italy and the provinces, where persons
the decoration of the walls of apartments. [Es- were accustomed to pass the night.  But as many
BLEMA.]  The common kind of Mosaic was also  magistrates frequently made extortionate demands
sometimes used in walls as well as in floors and  from  the parochi, the lex Julia de Repetundis of
ceilings.  The greatest refinement was the attempt Julius Caesar, B. c. 59, defined the things which
to produce the effect of mirrors, which was done  the parochi were bound to supply, of which hay,
by inserting into the wall pieces of black glass fire-wood, salt, and a certain number of beds apmanufactured in imitation of obsidian. (Plin. H. N. pear to have been the most important (Hor. Sat. i.
xxxvi. 26. s. 67.)  [DoMus p. 431; PICTURA, 5. 46; Cic. ad Att. v. 16, xiii. 2; Heindorf, cad
~ XV.]                                [J.Y.]    Ho. 1. c.)
PARILI'LIA.  [PALILIA.1                          PAROPSIS (7rapotmls).  Two different meanPARMA. dim. PARMULA  (Hor. Came. ii. ings are given to this word by the Greek gramma7. 10), a round shield, three feet in diameter, rians; some interpret it as meaning any food eaten
carried by the velites in the Roman army. Though  with the 04i0o [OPSONIUM], as the ud~Ca, a kind
small, compared with the CLIPEUS, it was so of frumenty or soft cake, broth, or any kind of constrongly made as to be a very effectual protection. diment or sauce (Pollux, vi. 56, x. 87; Hemsterh.
(Polyb. vi. 20.)  This was probably owing to the  ad loc.); and others a saucer, plate, or small dish.
use of iron in its frame-work.- In the Pyrrhic  (Hesych. and Suidas, s. v.)  It is plain, however,
dance it was raised above the head and struck  from the numerous passages collected by Athenaeus
with a sword so as to emit a loud ringing noise. (ix. pp. 367, 368), that the word was used in both
(Claud. de VL Cons. Honor. 628.) The parma was significations, and was the name of the dish or
also worn by the EQUITES (Sallust, Frag. Hist. plate as well as of its contents. (Compare Xen. Cyr.
IV.); and for the sake of state and fashion it was i. 3. ~ 4; Plut. de Adul. et A2mic. 9; St. Matth,
sometimes adorned with precious stones. (Propert. xxiii. 26.)  The Roman writers seem always to
iv. 2. 21.)                                      use it in the sense of a dish or plate (Juv. iii. 142;
MWe find the term parina often applied to the  Mart. xi. 27. 5); and according to Charisius it was
target [CaTRA], which was also a small round  so called, "quia in eo reponuntur obsonia, et ex eo
shield, and therefore very similar to the parma. in mensa comeduntur."  The word is also written
(Propert. iv. 2. 40; Mela, i. 5. ~ 1; Virg. Aen. Parapsis. (Hesych. s. v.; Suet. GalSb. 12; Petron,
x. 817.)  Virgil, in-like manner, applies the-term  34; Dig. 34. tit. 2. s.. 19. ~ 9.)




PASTOPHORUS.,PATERA.                  871
PARRICI'DA, PARRICI'DIUM.   [LEx, riclly interwoven with gold (Xpoa6ora~:os), and
CORNELIA, p. 687.]                               displaying  various  symbolical or mythological
PARTHE'NIAE  (7rapOervat or 7rapOEYEa7), figures, was much used in religious ceremonies to
are, according to the literal meaning of the word, conduce to their splendour, to explain their significhildren born by unmarried women (7rapEot, Hiom. cation, and also to veil their solemnity.  The
11. xvi. 180).,  Some writers also designated by  maidens, who carried the figured peplus in the
this name those legitimate children at Sparta who  Panathenaea at Athens, were called &3prl(pdpot.
were born before the mother was introduced into  In Egypt, the priests of Isis and Osiris, who prothe house of her husband. (Hesych. s. v.; Miiller, bably fulfilled a similar office, were denominated
D)or. iv. 4. ~ 2.)  The partheniae, however, as a 7raor'odpeol, and were incorporated. (Diod. i. 29;
distinct class of citizens, appear at Sparta after the  Porphyr. de Abstin. iv. 8; Apul. AIet. xi. pp.
first Messenian war and in connection with the  124, 128, ed. Aldi.)  They appear to have exfoundation of Tarentum; but the legends as to who  tended themselves together with the extension of
they were differ from  one another.  Hesychius the Egyptian worship over parts of Greece and
says that they were the children of Spartan citi- Italy, so that'" the College of the Pastophori of
zens and female slaves; Anltiochus (ap. Strab. vi. Industria," a city of Liguria, is mentioned in an1
p. 278, &c.) states, that they were the sons of those  inscription found near Turin. (Maffei, Aleus. FVeron.
Spartans who took no part in the war against the  p. 230.)  The Egyptian college was divided into
MIessenians.  These Spartans were made Helots, minor companies, each containing ten pastophori,
and their children were called partheniae, and de- and each having at its head a leader who was
clared a'T'tOL. VWhen they grew up, and were  called ceciuio quinquenznalis, because he was apunable to bear their degrading position at home, pointed for five years.  (Apul. Met. xi. ad fin.)
they emigrated, and became the founders of Taren- Besides carrying the irao'Ts, or sacred ornamental
tumn.  Ephorus (ap. Strab. vi. p. 279) again related  shawl, they performed other duties in connection
the story in a different manner. When the Messe- with the worship of the temple.  It was the office
nian war had lasted for a considerable number of of this class of priests to raise the shawl with the
years, the Spartan women sent an embassy to the  performance of an appropriate chaunt, so as to discamp of their husbands, complained of their long  cover the god seated or standing in the adytum
absence, and stated that the republic would suffer (Clem. Alex. Paedag. iii. 2), and generally to show
for want of an increase in the number of citizens the temple with its sacred utensils, of which, like
if the war should continue much longer. Their modern sacristans, they had the custody.  (Horahusbands, who were bound by an oath not to leave pollo, Hier. i. 41.)  In consequence of the supthe field until the Messenians were conquered, sent posed influence of Isis and her priesthood in
home all the young men in the camp, who were  healing diseases, the pastophori obtained a hight
not bound by that oath, and requested them  to  rank as physicians.  (Clem. Alex. Strom. vi. 4.
cohabit with the maidens at Sparta.  The children  p. 758, ed. Potter.)
thus produced were called partheniae.  On the    It must be observed, that according to another
retutn of the Spartans from Messenia, these par- interpretation of braor'&s, the pastophori were-so.
theniae were not treated as citizens, and accord- denominated from carrying, not a shawl, but a
ingly united with the Helots to wage war against shrine or small chapel, containing the image of the
the Spartans.  But when this plan was found im- god.  Supposing this etymology to be correct, it is
practicable, they emigrated and founded the colony  no less true that the pastophori sustained the variof Tarentumn.  (Compare Theopomp. ap. Atlen. vi. ous offices which have here been assigned to them..
p. 271; EPEUNACTAE.)  These stories seem to be    It was indispensably requisite, that so numerous
nothing but distortions of some historical fact. and important a body of men should have a resiThe Spartans at a time of great distress had per- dence appropriated to them in the temple to which,
haps allowed marriages between Spartans and  they belonged.  This residence was called 7ra' roslaves or Laconians, or had admitted a number of &pJptov. The common use of the term, as applied
persons to the franchise,but afterwards endeavoured  by the Greeks to Egyptian temples, led to its apto curtail the privileges of these new citizens, which  plication to the corresponding part of the temple at
led to insurrection and emigration. (See Thirlwall, Jerusalem by Josephus (Bell. Jud. iv. 12), and by
Hist. of' Creece, vol. i. p. 352, &c.)  [L. S.]   the authors of the Alexandrine version of the Old
PA'SCUA  PU'BLICA.  [SCRIPTURA.]              Testament.  (1 Cieron. ix. 26, 33, xxiii. 28; Jer.
PASSUS (fromn panldo), a measure of length, xxxv. 4; 1 Mace. iv. 38, 57.)           [J. Y;]
which consisted of five Roman feet. (Colum. v. 1;   PATER  FAMI'LIAE. [FAMILIA; MATRIVitruv. x. 14.) [MENSURA.] The passus was not MONIUM; PATRIA POTESTAS.]
the single step (gradus), but the double step; or,   PATER  PATRA'TUS.  [FETIALES.]
more exactly, it was not the distance from heel to    PA'TERA, dim. PATELLA (opadixs), a round
heel, when the feet were at their utmost ordinary  dish; a plate; a saucer.  Macrobils (Sat. v. 21),
extension, but the distance from the point which  explaining the difference between the patera and
the heel leaves to that in which it is set down. the CARCHESIUM, says that the former received its
The snile passuum, or thousand paces, was the name from its flat expanded form (planum ac pacommon name of the Roman mile.  [MILLIARE.] tens).  The paterae of the most common kind are
In connecting the Greek and Roman measures, the thus described by Festus (s. v. Patellae), " Vasa
word passus was sometimes applied to the extension  picata parva, sacrificiis faciendis apta."  (Nigra
of the arms, that is, the Greek opyvad, which, patella, Mart. v. 120; Rnubicunda testa, xiv. 114.)
however, differed from the true passus by half-a- They were small plates of the common red earthenfoot; and, conversely, the gradus was called by  ware, on which an ornamental pattern was drawn
Greek writers ji/jea, or -b B~3/ia Tb a7rXov, and  in the manner described under the article of Fic.
the passus sr 8./3ita Trob 17GrXoiv.   [P.S.]    TILE, and which were sometimes entirely black,
PASTO'PHORUS (1a'aroTdpos). The shawl, Numerous specimens of them may be seen in the
3K4




872                PATERA.                                            PATINA.
British Museum, and in other collections of ancient in the British Museum, which was found in the
fictile vases.  The more valuable paterae were  ruins of Hadrian's Villa, and purchased by Mr.
metallic, being chiefly of bronze: but every family, Townley.  It is 14 inches in diameter, and I
raised  above  poverty, possessed one of silver high. It is cut with skill and delicacy, the mnarble
(apyyvpis), together with a silver salt-cellar, [SALI- not being much more than a quarter of an inch
NUM.]  (Plin. H. N. xxxiii. 12. s. 54.),In opulent thick.  In the centre is sculptured a female bachouses there was a plate of gold (Xpvaus, Athen. chante in a long tunic and with a scarf [CHLAMYS]
xi. pp. 497, 502; Pind. 01. vii. 1 -3.; YVirg. Georg. floating over her head.  This centre-piece is enii. 192). These metallic plates were often adorned  circled by a wreath of ivy.  The decorations indivith figures, engraved or embossed upon them. cate the appropriation of the plate to the worship
(Cic. Yerr. iv. 21; Xen. Anab. iv. 7. ~ 27, vii. 3. of Bacchus.
~ 27.)  A beautiful specimen is presented in the    Plates were sometimes made so as to be used
woodeut to the article LIBRA; and the accompany- with either side downward, and were then distining woodcut exhibits a highly ornamented dish, guished by the epithet &pPiOe-Tos. (Hom. 1l. xxiii.
also of bronze, designed to be used in the worship  270, 616.)  In these the under surface was ornaof Mars, and found at Pompeii.  (Donaldson's  mented as well as the upper.  The Massilians and
Pomlp. vol. ii. pl. 78.)  The view of the upper sur-  other ionic Greeks commonly placed the under
face is accompanied by a side-view, showing the  surface uppermost.  Plates were further distinguished from  one another by being either with or.... ~  ~/i~without a base (rvOtuvY), a boss in the middle
X\ \   ) ) ( (2   (S'qeaeACwr, eoEe,uqeaAos, (Oois), feet (,aAaewer'C),
itnd handles. (Athen. xi. pp. 501, 502.)  In the
jJ f\ S, h r preceding woodcuts the bronze patera has one:K~        ll handle: both the paterae are made to stand upon
a low base.
Small plates were sometimes used in cooking
8't     > \ S     (Plih. H. N. xxx..8. s. 21), an operation more commonly performed in -pots [OLL.A] and basins or
bowls.  [PATINA.]  They were used at meals to
eat upon pas we use them (Varro, Eucnzen; ao. NoAn.
Marc. xv. 6; Hor. Epist. i. 5. 2), although it appears that very religions persons abstained from
this practice on account of the customary employment of them  in sacrificing to the gods. (Cic. de
Fin. ii. 7.)  A larger plate, in fact, a round dish,
was used to bring to table such an article of food
as a flat fish. (Mart. xiii. 81.)  Mustard (Plin.
Ii. N. xix. 8. s. 54) and ointments (Xenophanes,
form  and depth of the vessel.  The ornamental p. 68, ed. Karsteo) were brought in saucers.  The
paterae sometimes represented leaves of fern, which  p 68, ed. also drank were:broght ines or saucers
Greeks.also drank wine out of plates or saucers
probably diverged from the centre (filicatace, Cic. (Xen..Conzv. ii. 23), as we see in the woodcut
Parad. i. ~ 2).  Gems were set in others.  (Cic. under SvYPoSIUM,  which represents a symposimn,
Kerr. iv. 24; Virg. Aen. i. 728, 739.)  We read' and in which  the  second and third figures from
also of an amber dish (electrinagn), having in the the tright hand have each a saucer.
centre the countenance of Alexander the'Great,      Th
and his history represented on the border. (Treb. to the employnent of them  in sacrifices.  Or
]'oil. TrIq. Tip'. 13.) The annexed woodcut conthese occasions they held either solid food (ltecphv
tains a view and section of a plate of white marble piar, Valro, Mas. op. Non. M a.  1. c.; Cbos
Ovid, Fast. vi. 310), or any liquid intended to be
poured out as a libation.  (Virg. Aen. iii. 67, iv.
60, v. 98, vi. 249, vii. 133, xii. 174; Ovid.
Met. ix. 160, Fast. ii. 634, iv. 934; Val. Flacc.
v. 192; Juv. iii. 26; Heliodor. Aethiop. ii. p. 98;
Athen. xi. p. 482.)  We find them  continually
represented in conjunction with the other instluments of sacrifice upon coins, gems, altars, basreliefs, and the friezes of temples.  In the ancient
Doric temple  at Rome, now  dedicated to St.
Adrian, the tasteful patera and the craeium of the
bull are alternately sculptured on thie mretopes.
x    (Labacco, Ant. di Rosza, 16, 17.)
Plates of the most precious materials and of the
finest workmanship were sometimes given as prizes
at the public games.  (Horn. II. xxiii. 270
Pind. Isthl. i. 20; Schol. in Pied. Nem. ix. 121,
123.)                                  [J. Y.]
PATI'BULUM.  [FURCA.]
PA'TINA (XEKdv'3, dim. AeKdvuov, al. Xescdptov,
Xt)caso'enc, Athen. vi. p. 268, Aceavls, second dim.
XAceaelov, Bekker, A  nee. 794), a basin or bowl of
earthenware, rarely of bronze (Pallad. de Re Iusi.




PATRI7A  POTESTAS.:                              PATRIA  POTESTAS.               873i. 40; Plin. tI. N. xxxiv'; 11. s. 25)j or silver. hand equivalent to Imperium-; and on the other,
(Treb. Poll. Claud.:p. 208, c.)                 it expressed the power of those functionaries who
A patina, covered with a lid (operc2ulum), was  had not the Imperium.  Sometimes it was used
sometimes used to keep grapes instead of a jar to express a Magistratus, as a person (Sueton.
(Col. de Re Rust. xii. 43), a proof that this vessel Claud. 13; Juv. Sat. x. 100); and hence in the
was of a form intermediate between the PATERA  Italian language the word Podesta signifies a
and the OLLA, not so flat as the former, nor so  Magistrate.
deep as the latter.  Hence it is compared to the    Potestas is also one of the words by which is
crater.  (Schol. in  Aristoph. Ac7lhan. 1109.)  expressed the power that one private person has
[CRATER.] This account of its shape accords with  over another, the other'two being Manus and
a variety of uses to which it was applied, viz., to  Mancipium.  The Potestas is either Dominica,
hold water and a sponge for washing (Aristoph. that is, ownership as exhibited in the relation of
resp. 598), and clay for making bricks (Aves, Master and Slave [SERvusl; or Patria as ex1 143, 1146), in vomiting (Nub. 904), and in smelt-  hibited in the relation of Father and Child. The
ing the ore of quicksilver. (Plin. H. N. xxxiii. 8. Mancipium was framed after the analogy of the
s. 41.)  But its most frequent use was in cookery  Potestas Dominica. [MANcIPIUM.]
and pharmacy. (Plin. H. N. xxiii. 2. s. 33.)  Al-    Patria Potestas then signifies the power which
though the patera and the olla were also used, the  a Roman father had over the persons of his children,
articles of diet were commonly prepared, some- grandchildren, and other descendants (.fiifii/nilias,
times over a fire (Planut. Pseud. iii. 2. 51; Plin. filiaeJbrnilias), and generally all the rights which
H. N. xviii. 11. s. 26, xxii. 25. s. 80), and some- he had by virtue of his paternity.  The foundtimes without fire, in a patina, and more especially  ation of the Patria Potestas was a Roman marwhen they were accompanied with sauce or fluid. riage, and the birth of a child gave it full effect.
(IIor. Sat. i. 3. 80.)  Hence the word occurs in  [MATRIMONIUM.]
almost every page of Apicius De Opsoniis [OPso-    It does not seem that the Patria Potestas was
NIr1]; and hence came its synonym, d4ioolcsl. ever viewed among the Romans as absolutely
(Photius, Lex. s. r.)  In the same bowl the food  equivalent to the Dominica Potestas, or as involvwas commonly brought to table (Xen. Cyrop. i. 3. ing ownership of the child; and yet the original
4; Athen. iv. p. 149, f.; Plaut. IMil. iii. 1. 164; notion of the Patria came very near to that of the
Ter. Eun. iv. 7. 46; Hor. Sat. ii. 8. 43), an example  Dominica Potestas. Originally the father had the
of which is XEJCdVLov Tdi' Xa-ywsY Itcpel, i. e. "a  power of life and death over his son as a member
basin of stewed hare." (Aristoph. Aclharn. 1109.)  of his familia: he could sell him and so bring him
But it is to be observed, that dishes [LANX, PA- into the mancipii causa; and he had the jus noxae
TERA] were used to bring to table those articles of dandi as a necessary consequence of his being
food, the form and solidity of which were adapted  liable for the delicts of his child.  He could also
to such vessels.                                 give his child in adoption, and emancipate a child
The silver bowl was sometimes ornamented, as at his pleasure.
with ivy-leaves (lhederata, Treb. Poll. 1. c.), or by    The father could exheredate his son, he could
the insertion of mirrors (specillata, Fl. Vopisc. Pro- substitute another person as heir to him [HERES],
buts, p. 234, ed. Salmasii).  These bowls weighed  and lie could by his will appoint him a tutor.
from 10 to 20 lbs. each. Vitellius, wishing to oh-    The general rights and disabilities of a filiustain an earthenware bowl of immense size, had a farnilias may be thus briefly expressed-" The
futrnace constructed on purpose to bake it. (Plin. child is incapable, in his private rights, of any
H'. N. xxxv. 12. s. 46; Juv. iv. 130-134.)      power or dominion; in every other respect he is
A method of divination by the use of a basin  capable of legal rights."  (Savigny, Systens, &c.
(Ascveyouavre[a) is mentioned by Tzetzes on Lyco- ii. 52.)  The incapacity of the child is not really
phron, v. 813.                       [J. Y.]    an incapacity of acquiring legal rights, for the
PATRES.  [PATaICII; SENATUS.]                 child could acquire by contract, for instance; but
PA'TRIA POTESTAS. Potestas signifies ge- every thing that he acquired, was acquired for his
nerally a power or faculty of any kind by which  father.
we do any thing.  " Potestas," says Paulus (Dig.    As to matters that belonged to the Jus Publi50. tit. 16. s. 215), " has several significations: cum, the son laboured under no incapacities: he
when applied to Magistratus, it is Imperium; in  could vote at the Comitia Tributa, he could fill a
the case of Children, it is the Patria Potestas; in  magistratus; and he could be a tutor: for the
the case of Slaves, it is Dominium."  According  Tutela was considered a part of Jus Publicuin.
to Paulus then, Potestas, as applied to Magis-  (Dig. 1. tit. 6.. 9; Liv. xxiv. 44; Gell. ii. 2.)
tratus, is equivalent to Imperium.  Thus we find    The child had Connubium  and Commercium,
Potestas associated with the adjectives Praetoria, like any Roman citizen who was sui juris, but
Consularis.  But Potestas is applied to Magis- these legal capacities brought to him no present
tratus who had not the Imperium, as for instance  power or ownership. His marriage with his father's
to Quaestors and Tribuni Plebis (Cic. pro Cluent. consent was legal (jztstum), but if it was accomc. 27); and Potestas and Imperium are often op- panied with the In Manum  conventio,  his wife
posed in Cicero.  Both the expressions Tribuni- came into the power of his father, and not into the
cium Jus and Tribunicia Potestas are used (Tacit. power of the son.  The son's children were in all
Ann. i. 2, 3).  Thus it seems that this word  cases in the power of their grandfather, when the
Potestas, like many other Roman terms, had both  son was. The son could also divorce his wife with
a wider signification and a narrower one. In its his father's consent.
wider signification it might mean all the power    Inasmuch as he had Commercium, he could be
that was delegated to any person by the State, a witness to Mancipationes and. Testaments; but
whatever might be the extent of that power.  In  lie could not have property nor servitutes.  He
its narrower significations, it was on the one  had the testamenti factio, as already stated, so far




874         PATRIA POTESTAS.                                   PATRIA POTESTAS.7
as to be a witness to a testament; but he could  was framed after the analogy of the Castrense Pe.'
not make a testament, for he had nothing to dis-  culium, it was designated by the name Quasi Caspose of; and he could not have a heres.            trense Peculium.  Further privileges of the same
He could, as already observed, acquire rights  kind were also given by Constantine and extended
for his father by contract, but none for himself,  under subsequent emperors (bona quae patri non
except in the case of an Adstipulatio, an instance  adqirzuntur).
which shows the difference between a son and a       The Patria Potestas began with the birth of a
slave. [OBL1GATIONES.] But a filius pubes could  child in a Roman marriage.  If a Roman had by
incur obligationes and could be sued, like a pater-  mistake married a woman with whom he had no
familias.  (Dig. 45. tit. 1. s. 141. ~ 2; 44. tit. 7.  connubium, thinking that connubium  existed, he
s. 39.)  Thle foundation of these rules of law was  was allowed to prove his case (causae erroris prothe maxim that the condition of a master could be  batio), upon doing which the child that had been
improved by the acts of his slaves, but not made  born and the wife also became Roman citizens,
worse; and this maxim  applied equally to a son  and from that time the son was in the power of
and a slave.  Between the father and the son no  the father.  This causae probatio was allowed by
civiles obligationes could exist; neither of them   a Senatus-consultum  (Gaius, i. 67), which, as it
consequently could have a right of action against  appears from  the context, and a comparison with
the other.  But naturales obligationes might be  Ulpian's Fragments (vii. 4), was an amendment
established between them.  Some writers have  of the Lex- Aelia Sentia.  Other instances of the
supposed that there was a difference between the  causae probatio are mentioned by Gains.
capacities and incapacities of a filiusfamilias and a    It was a condition of the Patria Potestas that
filiafamilias as to obligationes; but the reasons  the child should be begotten in matrimonium lealleged by Savigny seem conclusively to show that gitimum. (Gaius, i. 5 —107; Inst. 1. tit. 9-11.)
there was no difference at all. (System, &c. ii. By the old law, the subsequent marriagre of the
Be.ylage, v.)                                      parents did not legitimate a child born before the
In the case of delict by a filiusfamilias noxales  marriage.  But it seems to have early become the
actiones were allowed against the father. (Gains,  fashion for the Emperor, as an act of grace, to
iv. 75.) But Justinian abolished the noxae deditio  place such child on the same footing as legitimate
in the case of a filius or filiafamilias, " cum  apud  children.  The legitimation per subsequens matriveteres legum  commentatores invenimus saepius  monium  only became an established rule of lawtv
dictum, ipsos filiosfamilias pro suis delictis posse  under Constantine, and was introduced for the adconveniri."  (Inst. 4. tit. 8. s. 7; Dig. 43. tit.  vantage of children who were born in concubinage.
29. s. 1. 3. ~ 4.)  LNoxALIs  ACTIO; FILIUS-  [CoNcvUINA.]  In the time of Theodosius II.,
FAMILIAS.]                                        the rule was established by which a child was
The incapacity of the child to acquire for him-  legitimated per oblationem  curiae.  To these two
self and his capacity to acquire for his father, as  modes of legitimation, Justinian added that per
well as their mutual incapacity of acquiring rights  rescriptum- principis.  The child thus legitimated
of action against one another, are viewed by some  came into the familia and the potestas of his father,
modern writers as a consequence of a legal unity  as if he had been born in lawful marriage.
of person, while others affirm that there is no trace    The Patria Potestas could also be acquired by
of such a fiction in the Roman law, and that the  either of the modes of Adoption.  [ADOPTIO,
assumption is by no means necessary to explain  p. 15, b.]
the rule of law.  (Bicking, Inst. i. 228, n. 20.)    The Patria Potestas was dissolved in various
Indeed the fiction of such a unity is quite unneces-  ways. It was dissolved by the death of the father,
sary, for the fundamental maxim, already referred  upon which event, the grandchildren, if there were
to, that a man may be made richer but not poorer any, who had hitherto been in the power of their
by his slaves and children is a simple positive  grandfather, came into the power of their father
rule. Though the child could not acquire for him-  who was now sui junris.  It could also be dissolved:self, yet all that he did acquire for his father, in various ways during the lifetime of the father.
might become his own in the event of his father's  A maxima or media capitis diminIutio either of
death, a circumstance which materially  distin-  the parent or child dissolved the Patria Potestas;
guished the acquisitions of a son from those of a  though in the case of either party sustaining a
slave; and accordingly the son is sometimes, though  capitis diminutio  by falling into the hands of an
iot with strict propriety, considered as a kind of enemy, the relation might be revived by Postjoint owner with his father.                       liminium. A father who was adrogated, and conseThe rule as to the incapacity of a filiusfamilias  quently sustained a minima capitis dimninutio, came
for acquiring property was first varied about the  together with his children, who had hitherto been
time of Aulgustuls, when the son was empowered  in his power, into the power of his adoptive father.
to acquire for himself and to treat as his own  The emancipation of the child by the father was a
whatever he got in military service. This was the  common mode of dissolving the Patria Potestas,
Castrense Peculium, with respect to which the son  and was accompanied by the Mininma Capitis dimiwas considered as a person sui juris.  (Juv. Set.  nutio.  If a son was elected Flamen Dialis or a
xvi. 51; Gaius, ii. 106.)  But if the filiusfamilias  daughter was chosen a Vestal, the Patria Potestas
died without having made any disposition of this  ceased; and in the later period, it was also dispeculitm, it came to the father, and this continued  solved by the son's attaining certain civil or eccle-to be the law till Justinian altered it; but in this  siastical honours.  The Potestas of the father
case the property came as Peculium, not as Here-  might cease without the son becoming sui juris, as'ditas.. The privileges of a filiusfamilias as to the  in the case of the son being given in adoption.
acquisition of property were extended under Con-    The term  Patria Potestas strictly expresses the
stantine to his acquisitions made during the dis-  power of the father, as such, which arises from the
charge of civil offices, and as this new privilege  paternal relation; but the term  also imports the




PATRICI.:                                          PFATRICII                 a75..
rTght4s of the child as a filiusfamilias or filiafamlias.  people, and were not burghers or patricians.-  The
Of these rights, the most important was the ca-  senators were a select body of the populus or papacity of being the suus heres of the father. Gene- tricians, which acted as their representative.  The
rally, the parent could emancipate his child at his  burghers or patricians consisted originally of three
pleasure, and thus deprive him  of the rights of distinct tribes, which gradually became united
agnation; but the law in this respect was altered  into the sovereign populus.  These tribes had
by Justinian (Nov. 89. c. 11), who made the con- founded settlements upon several of the hills which
sent of the child necessary. (Savigny, System, &c., were subsequently included within the precincts of
ii. 49, &c.; Puchta, Inst. iii. 142; Bucking, Inst. the city of Rome.  Their names were Ramnes,
i. 224.)                               [G. L.]    Tities, and Luceres, or Ramnenses, Titienses, and
PATRI'CII.  This word is a derivative from  Lucerenses.  Each of these tribes consisted of ten
pater, which in the early times invariably denoted  curiae, and each curia of ten decuries, which
a patrician, and in the later times of the republic  were established for representative and military
frequently occurs in the Roman writers as equiva- purposes.  [SENATUS.]   The first tribe, or the
lent to senator.  Patricii therefore signifies those  Ramnes, were a Latin  colony on the Palatine
who belonged to the patres " rex patres cos (sena-  hill, said to have been founded by Romulus.  As
tores) voluit nominari, patriciosque eorum liberos."  long as it stood,alone, it contained only one hun(Cic. de Re Publ. ii. 12; Liv. i. 8; Dionys. ii. 8.)  dred gentes, and had a senate of one hundred
It is a mistake in these writers to suppose that members.  When the Tities, or Sabine settlers
the patricii were only the offspring of the patres  on the Quirinal sand Viminal hills, under kilng
in the sense of senators, and necessarily connected  Tatius, became united with the Ramnes, the numwith them  by blood.  Patres and patricii were  ber of gentes as well as that of senators was
originally convertible terms. (Plut. Romul. 13; increased to 200.  These two tribes after their
Lydus, (de Mens. i. 20, de Mag. i. 16; Niebuhr, union continued probably for a considerable time
Iist. of Rome, i. p. 336.)  The words patres and  to be the patricians of Rome, until the third.
patticii have radically and essentially the same  tribe, the  Luceres, which chiefly  consisted of
meaning, and some of the ancients believed that Etruscans, who had settled on the Caelian Hill,
the name patres was given to that particular class  also became united with  the  other two as a
of the Roman population from the fact that they  third tribe.  When this settlement was made is,
were fathers of families (Plut. Dionys. 1. c.); not certain: some say that it was in the time of
others, that they were called so from  their age  Romulus (Fest. s. v. Caelius Mons and Luceres;
(Sallust, Catil. 6); or because they distributed  Varro, de Ling. Lat. v. 55); others that it took
land among the poorer citizens, as fathers did  place at a later time. (Tacit. Annal. iv. 65; Fest.
among their children. (Fest. s. v. Patres Senatores; s. v. Tuscumn vicnum.)  But the Etruscan settlement
Lyd. de Miens. iv. 50.)  But most writers justly  was in all probability older than that of the Sabines
refer the name to the patrocinium  which the pa-  (see Gittling, Geschl. der RMm. Staatsverf: p. 54,
tricians exercised over the whole state, and over &c.), though it seems occasionally to have received
all classes of persons of whom  it was composed. new bands of Etruscan settlers even as late as the
(Plut. and Sallust, 1. c.; Zonaras, vii. 8; Suidas, time of the republic.
s. V. Ia'rpoltoe.)                                   The amalgamation of these three tribes did not
In considering who the patricians were, we have  take place at once: the union between Latins and
to distinguish three periods in the history of Rome. Sabines is ascribed to the reign of Romulus, thoughl
The first extends from the foundation of the city  it does not appear to have been quite perfect, since
down to the establishment of the plebeians as a  the Latins on some occasions claimed a superiority
second order; the second, from this event down to  over the Sabines. (Dionys. ii. 62.)  The Luceres
the time of Constantine, during which time the  existed for a long time as a separate tribe withpatricians were a real aristocracy of birth, and as  out enjoying the same rights as the two others
such formed a distinct class of Roman citizens op- until Tarquinius  Priscus, himself an Etruscan,
posed to the plebeians, and afterwards to the new  caused them to be placed on a footing of equality
plebeian aristocracy of the nobiles: the third period  with the others.  For this reason he is said to
extends from Constantine down to the middle ages, have increased the number of senators to 300
during which the patricians were no longer an  (Dionys. iii. 67;  Liv. i. 35;  Cic. de Re Pubi.
aristocracy of birth, but were persons who merely  ii. 20; compare SENATUS), and to have added two
enjoyed a title, first granted by the emperors and  Vestal virgins to the existing number of four.
afterwards by the popes also.                      (Dionys. I. c.; Fest. s. v. Sex Vestae sacerdotes;
First Period: from the foundation of the city, to  Niebuhr, Hist. of Rome, i. p. 302, &c.)  The Lu.
the establishzment of tihe plebeian order.  Niebuhr's  ceres, however, are, notwithstanding this equalisaresearches into the early history of Rome have  tion, sometimes distinguished from the other tribes
established it as a fact beyond all doubt, that dur- by the name patres minorum  gentiume,; though
ing this period the patricians comprised the whole  this name is also applied to other members of the
body of Romnans who enjoyed the full franchise, patricians, e. g. to those plebeian families who
that they were the populus Romanus, and that were admitted by Tarquinius Priscus into the three
there were no other real citizens besides them. tribes, and in comparison with these, the Luceres
(Niebuhr, list. of Rome, ii. pp. 224, 225. note 507; are again called patres majorum gentium. (Compare
Cic. pro Caecin. 35.)  The patricians must be re- Niebuhr, i. p. 304, and Giittling, p. 226, &c.)
garded as conquerors who reduced the earlier in- That this distinction between patres majorlm and
habitants of the places they occupied to a state of minorum gentium was kept up in private life, at a
servitude, which in our authorities is designated by  time when it had no value whatever in a political
the terms cliens and plebs.  The other parts of the  point of view, is clear from  Cicero (ad I'am. ix.
Roman population, namely clients and slaves, did  21).  Tullus Hostilius admitted several of the
not belong to the populus Romanus, or sovereign  noble gentes of Alba among  the patricians (in




876               PATRICII.                                           PATRICIT.)atfes legit, Liv. i. 30), viz., the Tullii (Julii?); by adoption into a plebeian family, or by a solemn
Servilii, Quinctii, Geganii, Curiatii, and Cloelii, to  transition from his own order to the plebs, become
which Dionysius (iii. 29) adds the gens Metilia.  a plebeian, leaving his gens and curia and reAncus Marcius admitted the Tarquinii (Dionys. nouncing the sacra.  As regards the census, he
iii. 48), Tarquinius Priscus the Tullii (Dionys. might indeed not belong to the wealthy classes,
iv. 3), Servius Tullins the Octavii (Sueton..Asg. but his rank remained the same.  Instances of re1, &c.), and even Tarquinius Superbus seems to  duced patricians in the latter period of the republic
have had similar intentions. (Dionys. iv. 57; are, the father of M. Aemilius Scaurus and the
Sueton. Vitell. 1.)  We do not hear that the num- family of the Sullas previous to the time of the
bher of gentes was increased by these admissions,  dictator of that name.  (Suet. Aug. 2; Liv.
and must therefore suppose that some of them had  iv. 16; Plin. If. N. xviii. 4; Zonar. vii. 15;
already become extinct, and that the vacancies  Ascon. Ped. in Scaur. p. 25, ed. Orelli.) A plebeian,
-which thus arose were filled up with these new  on the other hand, or even a stranger, might, as we
burghers. (GOttling, p. 222.)  During the time of stated above, be made a patrician by a lex curiata.
the republic, distinguished strangers and wealthy  But this appears to have been done very seldom 
plebeians were occasionally made Roman patricians,  and the consequence was, that in the course of a
e. y. Appius Claudius and his gens (Liv. x. 8; few centuries the number of patrician families becompare ii. 16; Dionys. v. 40; Sueton. Tib. 1), came so rapidly diminished, that towards the close
and Domitius Ahenobarbus. (Suet. Areso, 1.)  As  of the republic there were not more than fifty such
regards the kingly period the Roman historians  families. (Dionys. i. 85.)  Julius Caesar by the
speak as if the kings had had the power of raising  lex Ca9sia raised several plebeian families to the
a gens or an individual to the rank of a patrician; rank of patricians, in order that they might be able
but it is evident that the king could not do this  to continue to hold the ancient priestly offices
withouf the consent of the patres in their curies; which still belonged to their order. (Suet. Caes.
and hence Livy (iv. 4) makes Canuleius say, "per  41; Tacit. Anonal. xi. 25; Dion Cass. xliii. 47,
cooptationem in patres, anut ab regibus lecti," which  xlv. 2.)  Augustus soon after found it necessary
lectio, of course, required the sanction of the body  to do the same by a lex Saenia. (Tacit. I. c.; Dion
of patricians.  In the time of the republic such an  Cass. xlix. 43, lii. 42.)   Other emperors followed
elevation to the rank of patrician could only be  these examples: Claudius raised a number of senagranted by the senate and the populus.  (Liv. iv. tors and such persons as were born of illustrious
4, x. 8, compare especially Becker, Handb. der  parents to the rank of patricians (Tacit. 1. c.; Suet.
im7n. Altert/I. ii. 1. p. 26. &c.)                0Oh. 1); Vespasian, Titus, and other emperors did
Since there were no other Roman citizens but the same. (Tacit. Agric. 9; Capitol. Al. Antonin.
the patricians during this period, we cannot speak  1; Lamprid. Commod. 6.) The expression for this
of any rights or privileges belonging to them exclu-  act of raising persons to the rank of patricians was
sively; they are all comprehended under CIVITAS  in patricios or infnmiliai   patriciant adligere.
(ROMAN) and GENS. Respecting their relations to    Although the patricians throughout this whole
the kings see COMITIA CURIATA and SENATUS. period had the character of an aristocracy of birth,
During this early period we can scarcely speak of yet their political rights were not the same at all
the patricians as an aristocracy, unless we regard  times.  The first centuries of this period are an
their relation to the clients in this light. [CLIENS.]  almost uninterrupted struggle between patricians
Second Period: fi'om  the establishment of the and plebeians, in which the former exerted every
plebeian order to the time of Constantine.  When  means to retain their exclusive rights, but which
the plebeians became a distinct class of citizens, ended in the establishment of the political equality
who shared certain rights with the patricians, the  of the two orders. [PLEBS.]  Only a few insignilatter lost in so far as these rights no longer  ficant priestly offices, and the performance of certain
belonged to them  exclusively.  But by far the  ancient religious rites and ceremonies, remained
greater number of rights, and those the most im-  the exclusive privilege of the patricians; of which
portant ones, still remained in the exclusive pos- they were the prouder, as in former days their resession of the patricians, who alone were  ives  ligious power and significance were the basis of
optitno jure, and were the patres of the nation in  their political superiority. (See Ambrosch, Studien,
the same sense as before.  All civil and religious  und Andeutungen, &c. p. 58, &c.)   At the time
offices were in their possession, and they continued  when the struggle between patricians and plebeians
as before to be the populus, the nation now con-  ceased, a new kind of aristocracy began to arise
sisting of the populus and the plebes.  This dis- at Rome, which was partly based upon wealth and
tinction, which Livy found ill ancient documents  partly upon the great offices of the republic, and
(xxv. 12), seems however in the course of time to  the term Nobiles was given to all persons whose
have fallen into oblivion, so that the historian  ancestors had held any of the curule offices. (Conlseems to be scarcely aware of it, and uses populus pare NoBILEs.)  This aristocracy of nobiles threw
for the whole body of citizens including the ple- the old patricians as a body still more into the
leians.  Under the Antonines the term  populus  shade, though both classes of aristocrats united as
signified all the citizens, with the exception of the  far as was possible to monopolise all the great
patricii. (Gains, i. 3.)  In their relation to the  offices of the state (Liv. xxii. 34, xxxix. 41);
plebeians or the commonalty, the patricians now  but although the old patricians were obliged in
wvere a real aristocracy of birth.  A person born of many cases to make common cause with the nobiles,
a patrician family was and remained a patrician, yet they could never suppress the feeling of their
whether he was rich or poor, whether he was a  own superiority; and the veneration which historimember of the senate, or an eques, or held any of cal antiquity alone can bestow, always distinguished
the great offices of the state, or not: there was no  them as individuals from the nobiles.  How much
power that could make a patrician a plebeian, ex- wealth gradually gained the upper hand, is seen
cept his own free will, for every patrician might: from the measure adopted about the time of the




PATRICIT.                                        PATRONOMI.: 877
first Punllic war, by which the expenses for the  or they had only the title and were called patricii
reiblic games wcre no longer given from the aera-  codicillares or honorarii. (Cassiod. viii. 9; Savaron
rium, but were defrayed by the aediles; and as  ad Sidon. Apoll. i. 3.) All of them, however, were
their office was the first step to the great offices of distinguished in their appearance and dress from
the republic, that measure was a tacit exclusion of ordinary persons, and seldom  appeared before the
the poorer citizens from  those offices.  Under the  public otherwise than in a carriage. The emperors
emperors the position of the patricians as a body  were generally very cautious in bestowing this great
was not improved; the filling up of the vacancies  distinction, though  some of the most arbitrary
in their order by the emperors began more and  despots conferred the honour upon young men and
more to assume the character of >an especial honour, even on eunuchs. Zeno decreed that no one should
conferred upon a person for his good services or be made patricius who had not been consul, praemerely as a personal favour, so that the transi-  feet, or lmagister militum.  (Cod. 3. tit. 24. s. 3.)
tion from  this period to the third had been gra- Justinian, however, did away with some of these
dually preparing.                                  restrictions. The elevation to the rank of patricius
Respecting the great political and religious privi-  was testified to the person by a writ called diploma.
leges which the patricians at first possessed alone,  (Sidon. Apollin. v. 1 6; Suidas, s. v. rpapy.cMeEaiov,;
but afterwards were compelled to share with tile  compare Cassiodor. vi. 2, viii. 21, &c.)
plebeians, see PLEBS and the articles treating of    This new  dignity was not confined to Romans
the several Roman magistracies and priestly offices. or subjects of the empire, but was sometimes grantCompare also GENS; CuRlA; SENATUS.               ed to foreign princes, such as Odoacer, the chief of
In their dress and appearance the patricians  the cleruli, and others.  When the popes of Rome
were scarcely distinguished from  the rest of the  had established their authority, they also assumed
citizens, unless they were senators, curule magis-  the right of bestowing the title of patricius on
trates, or equites, in which case they wore like  eminent persons and princes, and many of the
others the ensigns peculiar to these dignities. The  German emperors were thus distinguished by the
only thing by which they appear to have been dis-  popes.  In several of the Germanic kingdoms the
tinguished in their appearance from other citizens, sovereigns imitated the Roman emperors and popes
was a peculiar kind of shoes, which covered the  by giving to their most distinguished subjects the
whole foot and part of the leg, though they were  title of patricius, but these patricii were at all
not as high as the shoes of senators and curule  times much lower in ranlk than the Romanpatricii,
magistrates.  These shoes were fastened with four  a title of which kings and emperors themselvies
strings (cowrrigiae or lora patrmicia) and adorned with  were proud.
a lunula on the top. (Senec. De Tranquil. Arsnis.    (Rein, in Erscls untd Grmzlter's.Encyclopiidic,
11; Plut. Quaest. Rom.. 75; Stat. Silo. v. 2. 27;  s. v. Patricier, and for the early period of Roman
Martial, i. 50, ii. 29.)  Festus (s. v. v. lulleos)  History, Gittling's Gesci. der RnMm. Staatsvesf:
states that mulleus was the name of the shoes  p. 51, &c., Becker's Ilandbuch. 1. c., and p. 133,
worn by the patricians; but the passage of Varro  &c.)                                    [L. S.]
which he adduces only shows that the mullei (shoes    PATRIMI  ET MATRIMI, also called Paof a purple colour) were worn by the curule magis-  trismes et lftitrimes, were those children whose
trates. (Compare Dion Cass. xliii. 43.)            parenmts were both alive (Festus, s. v. Flamniina 
Third Period: frome the tise of Consta!ilne to  ltatr-ines; called by Dionysius, ii. 22, asupoahess);
the eiddle ages.  From the time of Constantine the  in the same way as pater pattrisns signifies a
dignity of patricius was a personal title, which  father, whose own father is still alive. (Festus, s. t.
conferred on the person, to whom it was granted, a  Paler Pats.)  Servius (ad TlVir. Geoey. 31), how.
very high rank and certain privileges.   Hitherto  ever, confines the term pat-ioit  et matrinti to chilpatricians had been only genuine Roman citizens, dren born of parents who had been married by
and the dignity had descended from the father to  the religious ceremony called confarreatio: it aphis children; but the new dignity was created at pears probable that this is the correct use of the
Constantinople, and was not bestowed on old Ro-  term, and that it was only applied to such children
man families; it was given, without any regard  so long as their parents were alive.  We know
to persons, to such men as had for a long time dis- that the flamines majores  were obliged to have
tinguished themselves by good and faithful services  been born of parents who had been married by conto the empire or the emperor.  This new dignity  farreatio (Tac. AInn. iv. 16; Gains, i. 112); and
was not hereditary, but became extinct with the  as the children called patrinzi et matrimi are almost
death of the person on whom  it was conferred; always  mentioned  in  connection with  religious
and when during this period we read of patrician  rites and ceremonies (Cic. de liar. resp. 11; Liv.
families, the meaning is only that the head of such  xxxvii. 3; Gell. i. 12; Tacit. Hist. iv. 53; Macrob.
a family was a patricius. (Zosim. ii. 40; Cassiodor.  Saturn. 6; Vopisc. Aurel. 19; Orelli, Inscr. n.
Variar. vi. 2.)  The name patricius during this  2270), the statement of Servius is rendered more
period assumed the conventional meaning of father  probable, since the same reason, which confined'of the emperor (Ammian. Marcellin. xxix. 2; Cod. the office of the flamines majores to those born of
12. tit. 3. ~ 5), and thosewho werethusdistinguished  parents who had been married by confarreatio,
occupied the highest rank among the illustres; the  would also apply to the children of such marriages,
consuls alone ranked  higher than  a patricius.  who would probably be thought more suitable for
(Isidor. ix. 4. 1. 3; Cod. 3. tit. 24. s. 3; 12. tit.  the service of the gods than the offspring of other
3. s. 3.)  The titles by which a patricius was dis- marriages. (Rein, Das Riim. Privatrechlt. p. 177
tmuguished were magnificentia, celsitudo, eminentia,  Gbttling, Gesc7/. d. RMms. Staatsv. p. 90.)
and magnitudo.  They were either engaged in    PATRO'NOMI (raerpovJluoi), were magistrates
actual service (for they generally held the highest at Sparta, who exercised, as it were, a paternal
offices in the state, at the court and in the pro- power over the whole state.  Pausanias (ii. 9. ~ 1)
xvinces), and were then called pat-icii praesentales,  says, that they were instituted by Cleomenes Ill.




'1378           PATRONUS.                                         PATRONUS.
*(B. c. 236-221), who destroyed the power of the    The manumissor could secure to himself further
~yEpovaia by establishing patronomi in their place. rights over his libertus by a stipulatio or by taking
The yepovuoia, however, was not abolished by Cleo- an oath from him.  The subjects of such agreemenes, as it is again spoken of by Pausanias (iii. 11. ments were gifts from the libertus to the patronus
~ 2), and also in inscriptions.  The patronomi are  (dona et unnlera) and services (operae).  The oath
mentioned by Philostratus (Vit. Apollon. iv. 32) was not valid, unless the person was a libertus:among the principal magistrates along with the  when he took it.  If then he took the oath as a
gymnasiarchs and ephori; and their office is also  slave, he had to repeat it as a freeman, which seems
spoken of by Plutarch.  (An seni sit resp. ger. to be the meaning of the passage of Cicero in which
c. 24.)  Their number is uncertain; but Bhckh  he speaks of his freedman Chrysogonus. (Ad Att.
(Corp. Inscrip. vol. i. p. 605) has shown that vii. 2; compare Dig. 38. tit. 1. s. 7.) These Operae
they succeeded to the powers which the ephori were of two kinds, Officiales which consisted in
~formerly possessed, and that the first patronomus respect and affection; and Fabriles which are ex..:was the e7rcruvvos of the state, that is, gave his plained by the term  itself.  The officiales detername to the year as the first ephor had formerly  mined by the death of the Patronus, unless there
done.  (Compare Miiller, Dor. iii. 7. ~ 8.)      was an agreement to the contrary; but the fabriles
PATRO'NUS. The act of manumission created  being of the nature of money or money's worth
a new relation between the manumissor and the  passed to the heredes of the Patronus, like any
slave, which was analogous to that between father other property. The Patronus, when he commanded
and son.  The manumissor became with respect the operae of his libertus, was said "ei operas in-.
-to the manumitted person his Patronus, and the  dicere or imponere."  (Gaius, iv. 162; Dig. 38.
ncanumitted person became the Libertus of the  tit. 2. s. 29.)
manumissor.  The word Patronus (from  Pater)    The Patron could not command any services
indicates the nature of the relation.  If the manu- which were disgraceful (tlurpes) or dangerous to
missor was a woman, she became Patrona; and  life, such as prostitution or fighting in the amphi,
the use of this word instead of Matrona appears theatre; but if the libertus exercised any art or
to be explained by the nature of the patronal calling (artificinn), even if he learned it after his
rights.  Viewed with reference to the early ages manumission, the operae in respect of it were due
of Rome, this patronal relation must be considered  to the patron.
a part of the ancient Clientela; but from the time    The Lex Julia et Papia Poppaea released freedof the Twelve Tables at least, which contained  men (except those who followed the ars ludicra or
legislative provisions generally on the subject of hired themselves to fight with beasts) from all obpatronal rights, we may consider the relation of ligation as to gifts or operae, who had begotten two
Patronus and Libertus as the same both in the  children and had them in their power, or one child
case of Patrician and Plebeian manumissores.     five years old. (Dig. 38. tit. 1. De Operis LiberThe Libertus adopted the gentile name of the  torltm, s. 37.):Manumissor.  Cicero's freedman Tire was called    If liberty was given directly by a testament, the
Al. Tullius Tiro.                                testator was the manumissor, and his patronal
The Libertus owed respect and gratitude to his rights would consequently belong to his children:
patron, and in ancient times the patron might if it was given indirectly, that is, per fideicommispunish him  in a summary way for neglecting  sum, the person who performed the act of manuthose duties.  This obligation extended to the  mission was the patronus.  In those cases where a
children of the Libertus, and the duty was due to  slave obtained his freedom under the Senatusconthe children of the patron.  In later times, the  sultum Silanianum, the Praetor could assign him
patron had the power of relegating an ungrateful a Patronus; and if this was not done, that person
freedman to a certain distance from Rome, under was the Patron of whom the libertuis had last been
a law probably passed in the time of Augustus.  the slave. (Dig. 38. tit. 16. s. 3.)
(Tacit. Ann. xiii. 26; Dion Cass. Iv. 13.)  In the    The patronal rights were somewhat restricted,
time of Nero it was proposed to pass a Senatus- when the act of manumission was not altogether
-consulturn which should give a patron the power the free act of the manumissor.  For instance, the
of reducing his freedman to slavery, if he miscon-  Manumissor per fideicommissum lhad all the patroducted himself towards his patron.  The measure  nal rights, except the power to prosecute for ingrawas not enacted, but this power was given to the  titude, the right to be supported by the libertus,
patron under the later emperors.  The Lex Aelia  and to stipulate for munera and operae: his rights
-Sentia gave the patron a right of prosecuting his against the property of the libertus were however
freedman for ingratitude (ut ingrcatum accesare). the same as those of any other manumissor. (Frag.
(Dig. 40. tit. 9. s. 30.)  An ingratus was also  Vat. ~ 225; Dig. 38. tit. 2. s. 29.)  If a slave
called Libertus Impius, as being deficient in Pietas. had given money to another person in order that
If the Libertus brought an action against the  this other person might purchase and manumit
Patronus (in jus vocavit), he was himself liable to  him, the manumissor had no patronal rights, and
a special action on the case (Gaius, iv. 46); and  he lost even the name of patron, if he refused to
~he-could not, as a general rule, institute a capital perform  the act for which he had received the
charge against his patron.  The Libertus was money and allowed the slave to compel him to perbound to support the patron and his children in  form his agreement, which the slave could do by a
case of necessity, and to undertake the manage- constitution of M. Aurelius and L. Verus. (Dig. 40.
ment of his property and the tutela of his children: tit. 1. s. 4, 5.)  If a master manumitted his slave
if he refused, he was ingratus.  (Dig. 37. tit. 14. in consideration of a sum of money, he retained all
s. 19.)                                          patronal rights, but he could not stipulate for operae.
If a slave were the property of several masters  A person who purchased a slave, and on the occaand were manumitted by all of them, and became  sion of the purchase agreed to manumit him, had
-a Roman citizen, all of them were his Patroni.  all patronal rights, except the right of prosecuting




PATRONUS.                                          PATRONUS.                   179
for ingratitude, in case the slave compelled him to  made'some change in this respect.  (Zeitschlr~)t, v.
manumit pursuant to the constitution of M. Aure-  p. 43, &c.)
lius and L. Verus. (Dig. 40. tit. 9. s. 30.)         In order that these patronal rights should exist,
It was the duty of the patron to support his  it was necessary that the libertus must have been
freedman in case of necessity, and if he did not, he  made free by a Roman citizen, and have become a
lost his patronal rights: the consequence was the  Roman citizen by the act of manumission.  Acsame if he brought a capital charge against him.  cordingly, if a person obtained the citizenship, it
The Lex Aelia Sentia, among its various provi-  was necessary that he should have a special grant
sions, contained several that related to the rights  of the jus patronatus, in order that he might have
and duties of the patron.                          patronal rights against his then freedmen, who
A capitis diminutio, either of the Patron or the  must also at the same time become Roman citizens.
Libertus, dissolved the relation between them.  (Plin. Ep. x. 6.)  A capitis diminutio, as already
(See Tacit. Hist. ii. 92, where "'jura libertorum "  observed, either of the patron or the libertus, demeans "jura patronorum," or "jura in libertos.")  stroyed the patronal rights to the inheritance.
The relation was dissolved when the Libertus  (Gaius, iii. 51.)
obtained Ingenuitas by the Natalinm  Restitutio,    If there were several patroni or patronae, they
but not when he merely obtained the jus aureorum   divided the inheritance equally, though their shares
annulorum. [INGENUoIS.]                            in the libertus when a slave might have been UltThe most important of the Patronal rights re-  equal.  These patronal rights resembled a jointlated to the property of Liberti who died intestate  tenancy in English Law, for the survivor or survior having made a testament.                        vors of the patroni had all the patronal rights
The subject, so far as concerns the Ante-Justi-  to the exclusion of any children of a deceased
nian period, may be distributed under the two fol- patronus.  A son of a patron also claimed the inlowing heads: - 1. the ordinary rules of law, and  heritance to the exclusion of the grandson of a
2. the extraordinary: the former comprehend the  patron. If the patroni were all dead, leaving several
rules of the old civil law, and the Edict on the  children, the hereditas was divided among all the
Bonorum  Possessio; and the latter, the Bonorum   children equally (in capita), pursuant to the law of
Possessio contra tabulas liberti and contra suos  succession in the case of Agnation.  (Gaius, iii.
non naturales, the Bonorum Possessio contra tabu-  16, 59, &c.)
las libertae, and the right to a virilis pars which  A  Senatusconsultum, which was passed in the
was given by the Lex P.apia Poppaea.              time of Claudius, allowed a patron to assign his
By the law of the Twelve Tables, if a freedman  patronal rights to the inheritance of a libertus, to
died intestate, without sui heredes, the patronus  any of his children whom he had in his power, to
was his heir.  This right was viewed as a right of the exclusion of the rest. (Dig. 381. tit. 4.)
Agnation.  The Legitima patronorum  tutela was    The Edict extended the Bonorum  Possessio to
not expressly mentioned in the Twelve Tables,  Patroni.  The Patronal rights of the Civil Law
but it was a legal consequence of the rule as to  were founded on an assumed Agnatio: those of the
inheritance. (Ulp. Frag. xi. 3.) In the case of an  Edict were founded on an assumed Cognatio. The
intestate liberta, who could not have a suus heres, Edict called to the Bonoroum Possessio of Liberti,
the patron was heres. The Senatusconsultum Orfi-  1. their children; 2. their heredes legitimi; 3. their
tianum, which was passed after Gaius wrote (iii.  cognati, who must of course be descendants; 4. the
51), and in the last year but one of the reign of familia of the Patronus; 5. the patronus and paM. Aurelius, made an alteration in this respect.  trona, and their children and parents, by which
The passage of Ulpian (Frag. xxix. 2), which was  provision was made in case the Patronus or Pawritten when this Senatusconsultum  was in force, trona had sustained a capitis diminutio, and so
says, that if a liberta died intestate, the patron suc-  could not be called in the fourth order; 6. the
ceeded to her property, because a mother could not husband or wife of the freedwoman or freedman
have sui heredes; yet Ulpian himself (lib. 12, ad  7. the cognati of the manumissor.
Sdbinosnt; Dig. 38. tit. 17. s. 1) says, that whether    Originally, if the freedman made a will, he could
the mother was Ingenua or Libertina, the children  pass over (praeterire) the patron.  But by the
could succeed to her inheritance by the Senatus-  Edict, unless he left him  as much as one half of
consultum  Orfitianum.  This apparent contradic-  his property, the patron or his male children could
tion is removed by the supposition that the Sena-  obtain the Bonorum  possessio contra tabulas of
tusconsultum gave the children in such cases an  one half of the property.  If the libertus died
equal right with the patron.                      intestate, leaving no suus heres, except an adopted
These patronal rights belonged both to a Patro-  child, or a wife in manu, or a nurus in the
nets and a Patrona, and to the liberi of a Patronus.  manus of his son, the patron had a bonorumn
(Ulp. Fray. xxvii.)  The male children of the pa-  possessio of one half against these sui heredes.
tronus had the same rights as the patronus himself;  But if the libertus had children of his own blood
but the females had only the rights which the  (noaturales) either in his power at the time of his
Twelve Tables gave to the males, and they had not  death or emancipated or given in adoption, and if
the Bonorum  Possessio contra tabulas testamenti  these children were made heredes by his testament
liberti aut ab intestato  contra suos heredes non  or being praeteriti claimed the Bonorumn possessio
naturales, until these rights were given them  by  contra tabulas, the patron had no claim on the
the Lex Papia Poppaea. (Ulp. Frag. xxix. 4, 5.)  freedman's property. The patron was not excluded,
A  difficulty which is raised by a passage in Jus-  if the children of the freedman were exheredated.
tinian's legislation on the patronal rights is dis-  (Gaius, iii. 40; Dion Cass. Ii. 15, and the note
cussed by Unterholzner. (Zeitsclrizf?, v. p. 37.) It  of Reimarus.)
seems that the children of a Patrona had not by      By the Lex Papia Poppaea, if a fieedman had a
the Twelve Tables the same rights as the children  property amounting to a hundred thousand sestertii
of a Patronus, but the Lex Papia Poppaea probably  and fewer than three children, the patronus had an




880             PATRON US                                           PECHUS.;
equal share (vh'ilis pars) with the children, whether citizens, but for the impediments thereto, canie
the freedman died testate or intestate; and a to their patroni as if they had been Roman citizens:
patrona ingenna, who had three children, enjoyed  they had not however the testamenti factio. The
the same privilege. Before the Lex Papia, Patronae property of those, who on their manumission would
had:only the rights which the Twelve Tables gave  have become Latini, but for the impediments thereto,
them; but this Lex put Ingenuae patronae who  came to their patroni as if they had been Latini'
had two children, and Libertinae patronae who  on this Gaius remarks that in this matter the
had three children, on the same footing with re.- legislator had not very clearly expressed his inspect to the Bonorum possessio contra tabulas and  tentions.  He had already made a similar remark
with respect to an adopted son, a -wife in mann, or as to a provision of the Lex Papia (iii. 47).
a nurus in manu filii, as the Edict had placed Pa-    As to the other meanings of the word Patronus,
troni.  The Lex did the samne for daughters of the see CLIENS and ORATOR.
Patronus who had three children.  The Lex also    The subject of the Patronatus is one of congave to a Patrona ingenue, but not to a Libertina, siderable importance towards a right understanding
wvho had three children, the same rights that it of many parts of the Roman polity. This imperfect
gave to a Patronus.                              outline may be filled up by referring to the followAccording to the old law, as the liberta was ing authorities. (Gaius, iii. 39-76: Ulpian, Frau.
in the legitima tutela of her patron, she could make  tit. xxvii. xxix.; Dig. 37. tit. 14, 15; 38. tit. 1, 2,
no disposition of her property without his consent 3, &c.; the Index to Paulus, Sent. Recept.; and for
(patrono auctore).  The Lex Papia freed a liberta  Justinian's legislation, Inst. 3. tit. 8, &c.; Unter.
from this tutela, if she had four children, and she  holzner, Ueber das patronatische Erbrecht, Zeitcould consequently then make a will without the  scshr tt, v., and the article GENS, with the references
consent of her patronus, but the law provided that in Rein, Das RMsn. Privatrecht, p. 285, and in
the patronus should have an equal share with her Walter, Gesc/hicte des Roin. Rech/ts, pp. 507-51 6,
surviving children.                              and 684-689.)                         [G. L.]
In the case of a liberta dying intestate, the    PAVIMENTUM. [Domus, p. 431, a; VLAE.]
Lex Papia gave no further rights to a Patrona,    PAVONACEUM.  [TEGULA.]
who had children (ibeeis lhonoratae) than she had    PAUPE'RIE, ACTIO DE. [PAUPERIES.]
before; and therefore if there had been no capitis    PAUPE'RIES was the legal term for mischief
diminutio of the Patrona or the Liberta, the Pa- done by an animal (quzadrzupes) contrary to the
trona inherited the property, even if she had no  nature of the animal, as if a man's ox gored anchildren, to the exclusion of the children of the  other man.  Ill such cases, the law of the Twelve
liberta. If the liberta made a will, the Lex Papia  Tables gave the injured person an action againlst
gave to the Patrona, who had the number of chil- the owner of the animal for the amount of tile
dren required by that law, the same rights which  damage sustained.  The owner was bound either
the Edict gave to the Patronus.contra tabulas li- to pay the full amount of damages or to give up
berti.  The same Lex gave to the daughter of a  the animal to the injured person (nouae dares).
patrona, who had a single child, the same rights  Pauperies excluded the notion of Injuria; it is de.that the patronus had contra tabulas liberti. (Gaius, fined to be " danmnum sine illjuria facientis factumi,"
iii. 53; a passage which Unterholzner proposes to  for an animal could not be said to have done a
correct, but on very insufficient grounds, Zeitsczlrwft, thing " injuria, quod sensu caret."  The actio do
v. p. 45.)                                       pauperie belonged to the class of Noxales Actionles.
The rules of law as to the succession of the  According to the old law, if a bear got away fromi
Patronus to the property of Latini Liberti differed  his master, he was not liable; because when the
in various respects from those that have been ex- animal got away, it ceased to be the master's proplained.  Being viewed as a peculium, it had the  perty.  But the Aedile's edict declared that it
incidents of such property. It came to the extranei was not lawful to keep a dog, boar, wild boar,
heredes of the manumissor. but not to his exhere- bear, or lion, in any place which was a place of
dated children, in both which respects it differed  public resort.  If this rule was violated, and any
from the property of a Libertus who was a Civis damage was done by one of these beasts to a freeRomanus.  If there were several patrons, it came  man, the judex might condemn the owner in such
to them in proportion to their interests in the  sum as he should think to be "bonum et aequum."
former slave, and it was consistent with this doc- If damage was done to any thing else, the judex
trine that the share of a deceased patronus should  might condemn the owner in double the amount of
go to his heres. The Senatusconsultum Largianum, the damage.  There might also be an actio de
which was passed in the time of Claudius, enacted  pallperie in addition to the aedilitiae actiones. (Dig.
that the property of Latini should go first to those  9. tit. I; Inst. 4. tit. 9.)    [G. L.]
-who had manumitted them, then to their liberi    PAUSA'RII, was the name given to the priests
who were not expressly exheredated, according to  of Isis at Rome, because they were accustomed in
proximity, and then according to the old law, to  the processions in honour of Isis to make pauses
the heredes of the manumissor.  The only effect (pausae) at certain chapels or places, called inssuof this Senatusconsultum  was to prefer liberi, who  siones, by the road's side, to sing hymns and perwere not expressly exheredated, to extranei heredes. form other sacred rites.  (Orelli, Inser. n. 1885;
Accordingly, an emancipated son of the patronus, Spartiarl. lPeseen. Nig. 6, Caracall. 9; Salm. ad
who was praeteritus, and who could not claim the loe.)
Bonorum  possessio of his father's property contra    The portisculus, or commander of the rowers in
tabulas testamenti, had a claim to the property of a vessel, was sometimes called paucsarius (Sen. Fp.
a Latinus prior to the extranei heredes.         56), because the rowers began and ceased (pausa)
As to the Dediticii under the Lex Aelia Sentia, their strokes according to his commands. [PoILTISthere were two rules. The property of those who  cULUS.]
on their manwmismion would have become Roman    PECHUS (r6Xvs).  [CUBITUS; MIENSURA.]




PECULATUS.                                           PEDUM.                  881
PECTEN- (icTets), a comb.  The Greeks and  tiones perpetluae, which imply some Lex de Pecultomlans used combs made of box-wood (Brunck, latu, and such a Lex is by some writers enumerated
Anal. i. 221; Ovid. Fast. vi. 23; Mart. xiv. 25), among the Leges Sullanae, but without stating the
which they obtained, as we do, from the shores of authority for this assertion.  Two Leges relating
the Euxine sea.  The mountain ridge of Cytorus  to Pecnlatus are cited in the Digest, Lex Julia
in Galatia was particularly celebrated for this pro-  Peculatus and Lex Julia de Residuis (Dig. 48.
duct. (Ovid. lIet. iv. 311.)  The Egyptians had  tit. 13); but these may be the same Lex, though
ivory combs (Apul. Mlet. xi. p. 121, ed. Aldi),  quoted as two Leges, just as the Lex Julia de
which also came into use by degrees among the  Adulteriis comprised a provision De Fundo Dotali,
Romans. (Claudian, de Aiupt. Honor. 102.)  The  which chapter is often quoted as if it were a sepagolden comb, ascribed to the goddesses, is of course  rate Lex.  Matters relating to sacrilege were also
imaginary. (Callim. in Lav. Pall. 31.) The wooden  comprised in the Lex Julia Peculatus (ne quis ear
combs, found in Egyptian tombs, are toothed on pecuGnia sacra, relIqiosa publicave araqfest, &c.);
one side only; but the Greeks used them with  matters relating to the debasement of the coinage;
teeth on both sides, as appears from the remains of the erasing or cancelling of tabulae publicae, &c.
combs found at Pompeii (Donaldson's Pompeii,  The Lex de Residuis applied to those who had re-ol. ii. pl. 78), and from the representation of three  ceiled public money for public purposes and had
combs, exactly like our small-tooth combs, on the  retained it (apud quem pecunia publica resedit).
-Amyclaean marbles. (Ml~emoirs relating to Tumley, The penalty under this Lex, on conviction, was a
edited by Walpole, p. 452.)                      third part of the sum retained.  The punishment
The principal use of the comb was for dressing  which was originally aquae et ignis interdictio, was
the hair (Ovid. Amo-. i. 14. 15, Met. xii. 409), changed into Deportatio under the Empire: the
in doing which the Greeks of both sexes were re-  offender lost all his rights, and his property was
markably careful and diligent. (Herod. vii. 208.)  forfeited. (Inst. 4, tit. 18. ~ 9.) Under the EamTo go with uncombed hair was a sign of affliction.  pire sacrilege was punished with death.  A " Sa(Soph. Oed. Col. 1257.)                          crilegus"  is one  who plunders  public sacred
A comb with iron teeth was used in corn-fields  places.  (Rein, Das Criminalrechlt der Wiiner,
to separate the grain from  the straw, whilst it p. 672.)                              [G. L.]
was yet standing. (Col. de Re Rust. ii. 21.)  This    PECU'LIO, ACTIO DE. [SERvus.]
method of reaping was called pectinare segetenz.    PECU'LIUM.  [SERvus.]
A painting in the sepulchral grotto of El Kab in    PECU'LIUM  CASTRENSE.  [PATRIA Po-Egypt represents a man combing flax for the pur-  TESTaS.]
pose of separating the linseed from the stem.  The    PECU'NIA.  [NusIesus.]
rake used in making hay is called rares pecten    PECU'NIA.  [HERES, P. 598, a.]
(Ovid. Rein. Amor. 192), because its teeth are far    PECU/NIACERTA. [OnLIGATIoNE,, p. 818.]
apart; but this may be only a poetical use of the    PECU'NIAE   REPETUNDAE.   [REPE,.
term.                                            TUNDAE.]
Two portions of the Greek lyre were called the    PEDA'NEUS JUDEX. [JUvDE  PEDANEUS.]
combs (Eratosth. Cataster. 24); they may have    PEDA'RII.  [SENATUS.]
been two rows of pegs, to which the strings were    PEDI'SEQUI, a class of slaves, whose duty
tied.  The use of the comb in weaving, and the  was to follow their master when he went out of
transference of its name to the plectrum, are ex- his house.  This name does not appear to have
plained under TELA.                   [J'. Y.]    been given to any slave, who accompanied his
PECUA'RII, the name given to persons who  master; but the pedisequi seem to halve formed a
pastured their cattle on the public lands (pascuZ), special class, which was almost the lowest of all.
for which they were bound to pay a tax to the  (Nep. Attic. 13; Plaut. 1llI. Glor. iv. 2. 18.)
state, called SCRIPTUJA. But in the earlier times  There was a similar class of female slaves, called
of the republic many persons supported their cattle pediseqiuae.  (Plaut. Asin. i. 3. 31.)  Compare
on the public pastures without paying this tax at Becker, Galluts, vol. i. p. 101.
all, or paying less than was legally due; and hence    PEDUM (iop6v e, AcyomgoAos, Theocrit. vii. 43,
the word pecuarii was frequently employed to  128), a crook.  The accompanying woodcut is
signify those persons who thus illegally made use  taken from  a painting found at Civita Vecchia.
of the public pastures.  They were often prose- (Ant. d'Ercolano, vol. iii. tav. 53.)  It shows the
cuted by the aediles and fined (Ov. Fast. v. 283294; Liv. x. 23, 47, xxxiii. 42, xxxv. 10; Festus, p. 238, ed. MIiiller.)
PECULA'TUS is properly the misappropriation
or theft of public property  (pecunia publica),
whether it wals done by a functionary or by a                             i
private person.  Labeo defines it thus, " pecuniae
publicae anut sacrae furtum, non ab eo factum,
cljus pericnulo est."   The person guilty of thlis
oftence was Peculator.  Cicero (de  Off: iii. 18)                /    i'.k
enumerates Peculatores with sicarii, venefici, testamentarii and fures.  The origin of the word ap-                                        I,
pears to be Pecus, a term which originally denoted                          1 [?
that kind of movable property which was the chief                   i,          iC
sign of wealth. Originally trials for Peculatus wvere/ 
before the Populus, or before the Senate. (Liv. v.           J/  - 
32, xxxvii. 57, xxxviii. 54.)  In the time of          t                              _.Cicero matters of peculatus were one of the Quaes



882               PELLTS.                                         PENESTAE.
crook in the hand of a shepherdess, who sits upon,aKcs, and a dress, supposed to have had a' sheepa rock, tending sheep and other cattle.  (See also  skin sewed to it below, KCa'rdc.K7J.
voodcut to OSCILLUM.)                               PELTA  (7ri;NT), a small shield.  Iphicrates,
On account of its connection with pastoral life  observing that the ancient CiraPEuJS  was cumbrous
the crook is continually seen in works of ancient and inconvenient, introduced among the Greeks
art in the hands of Pan (Sil. Ital. zPue. xiii. 334), a much smaller and lighter shield, from whichl
and of satyrs, fauns, and shepherds.  It was also  those who bore it took the name of peltastac.
the usual attribute of Thalia, as the Muse of [Ex RCITUS, p. 487, b.]  It consisted principally
Pastoral poetry.  (Combe, Anc. M11arbles qf Br.  of a frame of wood or wickerwork (Xen. Aeab.
jlM[hseeum, Part iii. pl. 5.)         [J. Y.]   ii. 1. ~ 6), covered with skin or leather, without
PEGMA (7rr~ya), a pageant, i. e. an edifice of the metallic rim.  [ANTYX.]  (Tinlaeus, Lex.
vwood, consisting of two or more stages (tcabulata), Plat. s. av.)  Light and small shields of a great
which were raised or depressed at pleasure by  variety of shapes were used by numerous nations
means of balance-weights  (ponderibus reductis, before the adoption of them by the Greeks.  The
Claudian, de M/[allii Theod. Cons. 323-328; Sen. round target or cetra was a species of the Pelta,
Epist. 89).  These great machines were used in  and was used especially by the people of Spain
the Roman amphitheatres (Juv. iv. 121; Mart. i. 2. and Mauritania.  [CETRA.]  The Pelta is also
2; Sueton. Claud. 34), the gladiators who fought said to have been quadrangular. (Schol. in T/iucyd.
upon them  being called pegzcares.  (Caclig. 26.)  ii. 29.)  A light shield of similar construction was
They were supported upon wheels so as to be  part of the national armour of Thrace (Thucyd.
drawn into the circus, glittering with silver and a  ii. 29; Eurip. Alces. 516, Rles. 407; Max. Tyr.
-profusion of wealth. (Plin. H. N. xxxiii. 3. s. 16.)  Diss. vii.) and of various parts of Asia, and was on
At other times they exhibited a magnificent though  this account attributed to the Amazons, in whose
dangerous (Vopisc. Ccasri. 15) display of fire- hands it appears on the works of ancient art some.
works. (Claudian, 1. c.) Accidents sometimes hap- times elliptic, as in the bronzes of Siris (woodcut,
pened to the musicians and other performers who  p. 712), and at other times variously sinuated on
were carried upon them. (Phaedr. v. 7. 7.)       the margin, but most commonly with a semicirt
The pegmata mentioned by Cicero (ad Att. iv. 8)  cular indentation on one side (lunatis peltis, Virg.
may have been movable book-cases.    [J. Y.]    Aen. i. 490, xi. 663).  An elegant form of the
PEGMARES.  [PEGlAL.]                           pelta is exhibited in the annexed woodcut, taken
PELATAE (7redrTaz), are defined by Pollux  from a sepulchral urn in the Capitoline Museum at
(iii. 82) and other authorities to be free labourers  Rome, and representing Penthesileia, Queen of the
working for hire, like the 5Tres, in contradistinc-  Amazons, in the act of offering aid to Priam.
tion to the Helots and Penestae, who were bondsmen or serfs, having lost their freedom by conquest
or otherwise. Aristotle (aCp. Phot. s. a. v. IIrarm)
thus connects their name with 7reXas: rIEAdrat, he
says, from   7resas, oaov E yy-Cira  in 7rEVLuaV 7rpo- <
oerTes: i. e. persons who are obliged by poverty
to attach themselves to others.  Timaeus (Lex                (.Plat. s. v.) gives the samle explanation. IleAdrT7s,  \
o arTl Tpo(pceo  dsrspeTruc  Kal o rpo-7rcA/\iac'v.  In
the later Greek writers, such as Dionysius of
Halicarnassus, and Plutarch, the word is used for
the Latin cliens, though the relations expressed
by the two terms are by no means similar.  Plutarch (Ages. c. 6) also uses the word rather loosely
for Helots, and we are told of a nation of Illyrians
(the Ardiaei) who possessed 300,000 Prospelatae,
compaied by Theopompus (ap. Atlh. vi. p. 271],
d. e.) with the Helots of Laconia.  (Mblller, Do. 
iii. 4. ~ 7; WVachsmuth, Hlellen. Altertlhumsk. vol. i.
pp. 361, 811, 2d ed.; Hermann, Grieclh. Staatsaltertlz. ~ 1.01, n. 9.)               [R. W.]/
PELLEX.  [CoNcUBImNA.1 
PELLIS (Veplma, Sopd), the hide or skin of a
quadruped.  Before weaving was introduced into                           _-_ _Europe there is reason to believe that its inhabit-    PELTASTAE.   [ExERCITUS, p. 487, b.;
ants were universally clothed in skins.  The prac-  PELTA.]
tice continued among the less civilised nations    PENA'TES. See Diet. of Gr. and Romn. Biogr.
(Virg. Georg. iii. 383; Tacit. Germ. 17, 46; Ovid, andcl 1yth.
T-'ist. iii. 10. 19), and is often ascribed by the    PENESTAE (7reverat), probably from 7re'VEIpoets to hleroes and imaginary beings  [Comp.  Oat, operari. (Dionys. ii. 9.)  The Penestae of
AEGIS; NaRmIS.]  The term o-inspa or orsr-ipya,  Thessaly are generally conceived to have stood in
denoted an article of domestic furniture, which was  nearly the same relation to their Thessalian lords
made by sewing together several goat-skins with  as the Helots of Laconia did to the Dorian Sparthe hair on. (Schol. in A.istoph. Aves, 122.) The  tans, although their condition seems to have been
sheep-skin (o'a, asdcos, S~Oipa) was worn not  on the whole superior.  (Plat. Leg. vi. p. 776.)
only by.the Lacedaemonian helots, but frequently  They were the descendants of the old Pelasoic or
by the laborious poor, as is still the case in many  Aeolian inhabitants of Thessaly proper, and the
parts of Europe.  The lamb-skin was called ap-  following account is given of them  by an author




PENTATHLON.                                      PENTATIILON.                 883
called Archemachus, in his Euboica. (Athen. vi. Aanthol. Palat. vol. ii. p. 626, ed. Jacobs), which
p. 264.) ~" The Aeolian 13oeotians who did not were all performed in one day and in a certain
emigrate when their country Thessaly was con- order, one after the other, by the same athletae.
quered by the Thessalians (compare Thuc. i. 12), (Schol. ad Soph. El. 691; Paus. iii. 11. ~ 6.)  The
surrendered themselves to the victors on condition  pentathlon was introduced in the Olympic games
that they should not be carried out of the country  in 01. 18, and we may presume that soon after this
(whence, he adds, they were  formerly called  it was also introduced at the other national games,
MsVE'oral, but afterwards IeE,4'Tat), nor be put to  as well as at some of the less important festivals,
death, but should cultivate the land for the new  such as the Erotidia in Thespiae.  (Bickh, Corp.
owners of the soil, paying by way of rent a portion  Inscript. n. 1 590.)
of the produce of it: and many of them are richer    The order in which the different games of the
than  their masters."   They were also called  pentathlon followed one another has been the subAdTpels.  It appears then that they occupied an  ject of much discussion in modern times. The most
intermediate position between freemen and pur- probable opinion, however, is Bickh's (Commnent.
chased slaves, being reduced to servitude by con- ad Pind. Nero. vii. 71, &c.), which has been adopted
quest, and resembling, in their fixed payments, by Dissen, Krause, and others, although G. Herthe'Eacrs uptosr L    of Attica.  Moreover, they were  mann has combated it in a little work called De
not subject to the whole community, but belonged  Soyenis Aegizetae victoria quizquerit. Lipsiae 1822.
to particular houses, whence also they were called  The order adopted by BOcklh is as follows:OeooaXoLKtE'at.  They were very numerous, for  1. The ahA/ma.  This was the most prominent part
instance, in the families of the Aleuadae  and  of the pentathlon, and was sometimes used to deScopadae.  (Theocr. xvi. 35; Miiller, Dor. iii. 4. signate the whole game.  It was accompanied by
~ (i.) We may add that amongst the Thessalian  flute-music.  (Pans. v. 7. ~ 4, v. 17. ~ 4.) Other
Penestae Theopompus includes the descendants of writers, as Pausanias himself (vi. 14. ~ 5) and
the conquered  MIagnesians  and  Perrhaebians  Plutarch (De Alnts. c. 26) speak as if the whole
(Athen. vi. p. 265), a statement which can only  pentathlon had been accompanied by the flute, but
apply  to a part of these nations, as, though reduced  in these passages the whole game seems to be mento dependence, they were not made entirely sub- tioned instead of that particular one which formed
ject. (Herod. viii. 132; ItiUll. 1. c.)          the chief part of it.  2. The foot-race.  3. The
From a passage in Demosthenes (c. Arist. 687, discus.  4. The throwing of the spear.  5. W5rest) it appears that the Penestae sometimes accorm- ling.  In later times, probably after 01. 77, the
panied their masters to battle, and fought on horse- foot-race may have been the fourth game instead of
back, as their knights or vassals: a circumstance  the second, so that the three gamies which gave to
which need not excite surprise, as Thessaly was the pentathlon its peculiar character, viz. leaping,
so famous for cavalry.  The Penestae of Thessaly  discus, and the spear, preceded the foot-race and
also resembled the Laconian Helots in another re- wrestling, and thus formed the so-called Trptaeyuds.
spect; for they often rose up in arms against their The foot-race of the pentathlon was probably the
lords. (Arist. Pol. ii. 6.)  There were Penestae  simple stadion or the diaulos, and not a race in
amongst the TMacedonians also.  (Miiller, 1. c.; armour as has been supposed by some; for the
iWachsmnuth, Altertizhssl. Isellen. vol. i. pp. 177, statues of the victors in the pentathlon  are never
402, 403, 642, 2d ed.; Thirlwall, Hist. of Greece, seen with a shield but only with the halteres, bevol. i. p. 437; Clinton, Fast. IHell. Appendix, c. sides which it should be remembered that the race
22.)                                [R. W.]   in armour was not introduced at Olympia until
1'ENICILLUS.  [PICTURA, No. VI.]               01. 65 (Pans. v. 8. ~ 3). while the pentathlon had
PENTACOSIOMEDIMNI.   [CENSUS, p. been performed long before that time. Itis more266, a.]                                         over highly improbable that even after 01. 65 the
PENTADORON. [LATERa.]                          race in armour should have formed a part of the
PENTAETE'RIS ('7reraeT'lpIs). [OLYMrPIA, pentathlon.  In 01. 38 the pentathlon for boys was
p. 829, b.]                                      introduced at Olympia, but it was only exhibited
PENTALITHUS  (7reVTXrcA los).  [GYMNA- this one time and afterwards abolished.  (Paus.
iSv1I, p. 582, a; TALUs.]                        v. 9. ~ 1.)
PENTASPASTON.  [MACHINA.]                        In leaping, racing, and in throwing the discus
PENTATHLON  (7rv'rahAov, quimnquertizol) or spear, it was easy enough to decide who won
was next to the pancratium  the most beautiful of the victory, even if several athletae took part in it
all athletic performances.  (Herod. ix. 33; Panus. and contended for the prize simultaneously.  In
iii. 11. ~ 6.)  It does not appear to lhave been  wrestling, however, no more than two persons
known in the heroic ages of Greece, although  could be engaged together at a time, and it is not
Apollodorus (ii. 4. ~ 4), according to the usual clear how the victory was decided, if there were
practice of later times, describes Perseus as killing  several pairs of wrestlers.  The arrangement proAcrisius in the pentathlon, and although its inven- bably was, that if a man had conquered his antion was attributed to Peleus.  (Schol. ad Pied. tagonist, he might begin a fresh contest with a
NTerz. vii. 11.)  These accounts are fabulous; the  second, third, &c., and he who thus conquered the
pentathlon was not practised until the time when  greatest number of adversaries was the victor.  It
the great national games of Greece began to flourish. is difficult to conceive in what manner the prize
The persons engaged in it were called pentathli was awarded to the victor in the whole pentathlon;
O(rriraOAoi, Herod. ix. 75; Pans. i. 29. ~ 4). The  for an athlete might be conquered in one or two
pentathlon consisted of five distinct kinds of games, games and be victorious in the others, W hereas it
viz. leaping (a`X;ea), the foot-race (3pO/.los), the  can have occurred but seldom that one and tthe
throwing of the discus (toKcos), the throwing of the  same man gained the victory in all the five.  Who
spear (tiy'-yvvos or a&cMovlom), and wrestling (7rdae) of the pentathli then was the victor?  Modern
(Schol. ad Plt(. Amikat. p. 135; Simnonides imi writers have said that the prize was either awarded
3L'




884;-,PENTECOSTE.                                        PEPLUM.
to'him who had been victorious in all the five games, senate. The farmers were called TEX&cvaL, and were
~or to the person who had conquered his antagonist said dvecLrOaI T~7v rrEVTrKO-'rTT'. They might either
ill at least three of the games; but nothing can be collect the duty themselves, or employ others for
-determined on this point with any certainty. That that purpose. Several persons often joined together
the decision as to who was to he rewarded was ill the speculation, in which case the principal, in. considered difficult by the Greeks themselves, seems whose name the bidding took place, and who was
to be implied by the fact that at Olympia there  responsible to the state, was called apX&-v'qs or
we-re three hellanodicae for the pentathlon alone.  rc~vwdYpX'/s.  Sureties  were usually  required.
(Paus. v. 9. ~ 5.)                               (Demosth. c. Timaoc-r. 713; Andoc. de li[yst. 17, ed.
As regards the TrpiaytUss mentioned above, several Steph.)  Whether the customns on different articles:statements of ancient writers suggest, that the  of merchandise were farmed altogether, or sepawhole of the pentathlon was not always performed rately, does not appear.  The corn-duty at least
regularly and from  beginning to end; and the  was kept distinct (Demosth. c. lVeea r. 1353): and
words by which they designate the abridged game, this was the case with another tax. (Aesch. c.
Trpiay7L/ds, &7ror-pldi~lv, and'ptsal repe7,vat, lead us  Timarch&. I 6.)  With respect to the amount of the
to suppose that the abridged contest only consisted  revenue derived from this source, the reader may
of three games, and most probably of those three  consult B6ckh (Publ. Etcon. of Atl/ezs, p. 315, &c.,
which gave to the pentathlon its peculiar character, 2d ed.).  The 7revVsoa7r1  has been thought by
viz. leaping and throwing the discus and the spear. some to be the same with the  XhAt4'V1ao,, mesn(Dion Chrysost. ALoy. i. p. 279, ed. Reiske; Schol. tioned by Pollux (viii. 132, ix. 30), but this was
ad JAristid. ap. Phot. Cod. p. 409, Bekker; MUiller, more probably a duty paid for the use of the harAncient Art and its Rein. ~ 423. 3.)  The reason bour, whether goods were unladen or not; and was
for abridging the pentathlon in this manner may  perhaps the same as the ECraTroGi, mentioned by
have been the wish to save time, or the circum- Xenophon (de Rep. AXtl. i. 17) as being paid by
stance that athletae who had been conquered in  foreign ships entering the Peiraeeus, and alluded to
the first three games were frequently discouraged, by Aristophanes. (Vesp. 658.)  B3ckh's conjecand declined continuing the contest.  When the ture, that, besides a personal harbour due, a duty
triagmos was introduced at Olympia is not men- was levied of one per cent. on all the goods ona
tioned any where, but Krause infers with great board, appears less probable; for it would be unprobability from Pausanias (v. 9. ~ 3) that it was reasonable to exact a customs duty on goods not
in 01. 77.                                       landed; and, if they were to be landed, why
The pentathlon required and developed very  should the s7rEVTscoer'-T  be required in addition to
great elasticity of all parts of the body, whence it the iKaTnoar~.                 [C. R. K.]
was principally performed by young men (Schol.    PENTECOSTYS (OreYT-,1CoTuVs).  [ExFICIiad Plat. Amzat. p. 135, d, &c.); and it is probably  TUS, p. 483, a.]
owing to the fact, that this game gave to all parts    PEPLUM  (7reriAos), a shawl, differing from
of the body their harmonious development, that the CHLAMYn s in being much larger, and from the
Aristotle (Rhet. i. 5) calls the pentathli the most IALLIUM in being finer and thinner and also conhandsome of all athletae.  The pentathlol was for siderably larger.  It was sometimes used as a
the same reason also regarded as very beneficial in  cover to protect valuable articles of furniture (Hom.
a medical point of view, and the Elean Hysmon, II. v. 194) or to adorn a throne (Od. vii. 96), but
who bad from his childhood suffered from rheuma- most commonly as a part of the dress of females
tism, was cured by practising the pentathlon, and  (Hom. II. v. 315, 734, 735, viii. 384, Od. xv, 123
became one of the most distinguished athletae. -128,  eavrs, II. xiv. 178; Eurip. flec. 1013,,(Paus. vi. 3. ~ 4.)  (Compare G. Fr. Philipp, De  Mled. 791; Theocrit. i. 33); although instances
Pentatsllo sive Quinqulertio Comzeentatio, Berlin, occur, even among the Greeks, in which it is worn
1827; Krause, Gymnastik und Agonistik der Hel- by the other sex, unless we suppose the term to be
lenen, pp. 476-497.)                  [L. S.]   in these instances improperly put for (ppos. (Eurip.
PENTECO'NTERUS (irEVTK'yTopoS). [NA- Ion, 1033; Theocrit. vii. 17.)  In Persia and
vIs, p. 784, a.]                                 other Eastern countries the shawl was no doubt
PENTECOSTE (7IreT7Vco715O ), a duty of twvo worn anciently, as it is at the present day, by
per cent. levied upon all exports and imports at both sexes. (Aeschyl. Pers. 204, 474,1030, 1061.)
-Athens. (Harpocr. s.. nIesv71rsjo —.)  Thus, it Also in Bacchanalian processions it was worn by
was levied on corn (Demosth. c. Neaer. 1353); men both in allusion to Oriental habits, and because
which, however, could only be imported, export- they then avowedly assumed the dress of females.
ation being prohibited by law'(Denmosth. c. Ltcr. (Eurip. Bacc/h. 783 —791.)  Women of high rank.941); and also on woollen cloth, and other manm. wore their shawls solong as to trail upon the ground.
factured goods. (Demosth. c. AMid. 558.)  On im- (Tpcadas eiAceo-l7rEtrAovs, Hom. II. vi. 442;'EXe'Vs
ports the duty was payable on the unloading  raavsre7rAos, Od. iv. 305.)  Like all other pieces
(Demosth. c. Lacr. 932); on exports, probably, of cloth used for the AiuICTUS, it was often
when they were put on board.  The money was fastened by means of a brooch [FlsUI,A] (Soph.
collected by persons called 7rET,'TKero\oX'yoi, who  Track. 920; Callim. LTav. Pall. 70; Apollon.
kept a book in which they entered all customs re- Rhod. iii. 833), and was thus displayed upon the
ceived.  Demosthenes refers to their entry (daro- statues of female divinities, such as Diana (Brunck,
-ypae{), to prove that a ship was not laden with  Anal. iii. 206) and the ~goddess Rome. (Sidon.
more than a certain quantity of goods. (c. PAoren. Apollin. Caerse. v. 18.)  It was, however, fre909.)  The merchant who paid the duty was quently worn without a brooch in the maniner
said 7revrY71jCO'reVeOait.  All the customs appear represented  in the annexed woodcut, which is
to have been let to farm, and probably fiom year copied from  one of Sir Wim. Hamilton's vases
to year.  They were let to the highest bidders by  (vol. iii. pl. 58). Each of the females in this group
the ten 7rWoAhXral, acting under the authority of the  wears a shift falling down to her feet [TuNIcA],




PEPIEUM.                            PER  PIGNORIS CAPIONEM.   885
entirely Oriental (Bapedpcwv qsOduaraa, Eurip. Ion,
1159); those of the most splendid dyes and curious
workmanship were imported from Tyre and Sidon
(Hom. II. vi. 289-294): a whole book was written
by Polemo "Concerning the Shlawls at Carthlage."
(Athen. xii. p. 541.)  Hence " Shawls" (7rrorAo,.~,-..~ >    Clem. Alex. Strom. vi. 1. p. 736, ed. Potter) was
one of the titles of works of an imaginative or
-ZII\         descriptive character, and was adopted to intimate
Il\      \'i'y         arthe variety of their subjects and. the beautiful mode'/!. \'\  ~'\i'\.1  of displaying them.. A. book, intended to depict
some of the characters in the Iliad, and denonii\?\ 2                t/   nated "The Shawl," was ascribed to Aristotle.
K    (Eustath. i? 1. ii. 557.) Varro also wrote a Peplogaphy (resrAXoypapla, Cic. ad Att. xvi. 11.)  As
1 //i: 1ll  -.l l   l \     a specimen of the subjects delineated a shawl may
1J/\      /'/t/,ti/   11.     \-\   be mentioned, which exhibited the frame of the
j S1d-I     vix  i    world.  (Mart. Capella, L. vi. in Mattaire's C'or-,l' 1/3;'-     /                        1    pts Poetarutm, vol. ii. p. 1446.) Euripides describes
)~~~~~~~ /    RSTI 7G      rl     one which represented the sun, moon, and stars,,t ~~~~~~ f  /!!j /},}/1lr t    /  and which, with  various others containing hunting/ /  /lifi J//js,)   1,  pieces and a great variety of subjects, belonged to
the temple of Apollo at Delphi, and was used to
form a magnificent tent for the purpose of an entertainment (Ion, 1141-1162); for it is to be ob4and over it an ample sivwl which she passes e served, that stores of shawls were not'only kept by
and over it an ample shawl, which she passes en-  weathy irdi-iduals (Hom. Ocl xv  104  1(8)
tirely round her body and then throws the loose.. 
but often constituted a very important part of the;
extremity of it over her left shoulder and behind  treasures of a temple (Eurip Ion, 329, 330), ha1in
her back, as is distinctly seen in the sitting figure. been presented to the divinity on  iumerous occThe shawl was also often worn so as to cover the  sions by suppliants and devotees. (1-o. II. vi.271
head while it enveloped the body, and more espe- -34  Vrg.. i. 480,. 2-35.)  [omcially on occasion of a funeral (see woodcuts, p.                     P4STO2HC -
pare DONAR-IA; PANATH.ENArt;  PASTOrHO557), or of a marriage, when a very splendid shawl  RUs.  
the hride.  RUS.]'       [J. Y.]
(rn   s, 1 llaccab. i. 27)  was worl by the bride.    PER  CONDICTIO'NEM. This Legis Actio,
The following woodcut (from Bartoli, Ademir. Roa.     Gai  was so clled  ecuse the platiffg
Ant. pl. 57) may be supposed to represent the mo-   otice s, w    as so called because the  plaintiff gave
ment when the bride, so veiled, is delivered to her   otice to the defendant to be present o  th
thirtieth day after the notice in order that a judex
husband at the door of the nuptial chamber.  He
mignht be appointed. (Comp. Gell. x. 24.)  It was
wears the PALLIUM only; she has a long shift be- an actio in ersonam  and applicable to those cases
neath her shawl, and is supported by the pronuba. in  hich the plsintia rea licae b the dee  t to
in which the plaintiff required' the defendant to
give something (qza intenclit dari oportere).  This
Legis Actio was introduced by a Lex Silia in the
tw  li'u i    case of a fixed sum of money (certe pecunia), -anid
>/|ll  (\t  by a Lex Calpurnia in the case of any definite
~( po'.N~ z).~( x W ]4 \ X'X~ t\,          thing. Gains observes that it does not appear why
/    this form of action was needed, for in a case of
"dari oportere" there was the Sacramentum, and
% t i~    1the Per Judicis postulationem.  The name Condictio was applied to actiones in personam, after
the legis actiones fell into disuse, though improperly, for the notice (denustiatio) whence the legis...//ll l1e//'f3X    ltig    actio took its name was discontinued. (Gaius, iv.
/X  >l/XiitX 1g 01 A /t                   t\R.18, &c.)                       [G. L.]
I/:                 -n!!  "'/ "~    PER JUDICIS POSTULATIO'NEM was
/,/'   //[l/>gi, I2,c/ii, 1/   one of the Legis Actiones.  The passage in Gaios
is wanting in which this form of action is described.
i  Ij  I i3|There are some remarks on this Actio by Puchta,
___- ~                  J~ tInst. ii. ~ 154, 162.             [G. L.]
PER MANUS INJECTIO'NEM. [MAN UE
Thus veiled the poets represented Aurora and  INJECTIO.]
Night, but with this difference, that the one arose  PER  PI'GNORIS  CAPIO'NEM  or CAPexpanding a shawl dyed with saffron (Kcpocsre7rrXo| TIO'NEM.  This was one of the Legis Actiones
"'Hos, Hom. II. viii. 1, xxiii. 227), whereas ablack  or old Forms of procedure, which in some cases
one enveloped the other (bceXadusrevrAos N4b, Eurip.  was founded on custom  (smos), in others on enactIon, 1150).                                       meuts (lex).  It was founded on military usage in
Of all the productions of the loom slhawls were  the following cases.  A soldier might seize as a
those on which the greatest skill and labour were  pledge: (pig#zts capere) anything belonging to the
bestowed.  So various and tasteful were the sub- person who had to furnish the aes militare, incase
jects which they represented, that poets delighted I he did not make the proper payments; he might
to describe them.  The art of weaving them wa;s  also nlake a seizure in' respect of the money due
3L 3




88s                PERA.                                           PERG!ULA.
to him for the purchase of a horse (aes equestse), preceding woodcut is the representation of a goat.
and also in respect of the allowance for the food of herd with his staff and wallet from the column of
his horse (aes hordearium), upon what belonged to  Theodosius, formerly at Constantinople. (Menes-.
the person whose duty it was to make the pay- trier, Description de lae Col. Hist. Par. 1702. pl.
ment.  Originally, such payments were fixed upon  16.)                                 [J. Y.]
particular persons, and not made out of the Aera-    PERDUE'LLIO.  [MAJESTAS, p. 725.]
rium (Liv. i. 43; Gaius, iv. 27). The Law of the    PERDUELLIO'NIS DUU'MVIRI were two
Twelve Tables allowed a pignoris capio in respect officers or judges appointed for the purpose of tryof pay due for the hire of a beast, when the hire  ing persons who were accused of the'crime of
money was intended for a sacrifice.  By a special perduellio.  Niebuhr believes that they were the
law (the name is not legible in the MS. of Gaius) same as the quaestores parricidii, and Walter(Gesc/.
the publicani had the right pignoris capionis in re- des Rimn. Reelds, p. 24. note 19) agrees with him,
spect of vectigalia publica which were due by any  though in a later part of his work (p. 855. note
lex.  The thing was seized (pignus capiebatur) 20) he admits that they were distinct.  It apwith certain formal words, and for this reason it pears from a comparison of the followilng  passages,
was by some considered to be a legis actio. Others - Liv. i. 26; Dig. i. tit. 2. s. 2. ~ 23; Fest. s. v.
did not allow it to be a legis actio, because the  Parcici and Sororimnn,-either that some of the
proceeding was extra jus, that is, not before the  ancient writers confound the duumviri perduelPraetor, and generally also in the absence of the  lionis and the quaestores parricidii, or that, at
person whose property was seized.  The pignus least during the kingly period, they were the
could also be seized on a dies nefastus, or one on  same persons; for in giving an account of the
which a legis actio was not permitted.           same occurrence, some writers call the judges
It appears from a passage of Gains, in which he  quaestores parricidii, while others call them duemspeaks of the legal fiction that was afterwards in- viri perduellionis.  After the establishment of the
troduced into the Formula by which the publicani republic, however, there can be no doubt that
recovered the vectigalia, that the thing seized was they were two distinct offices, for the quaestores
only taken as a security and was redeemed by  were appointed regularly every year, whereas tile
payment of the sum of money in respect of which  duninviri were appointed very rarely and only
it was seized.  In case of non-payment, there must in cases of emergency, as had been the case durins
however have been a power of sale, and accordingly  the kingly period. (Liv. ii. 41, vi. 20; Dion Cass.
this pignoris capio resembled in all respects a xxxvii. 27.) Livy (i. 26) represents the duumviri
pignus proper, except as to the want of consent on  perduellionis as being appointed by the kings, but
the part of the person whose property was seized. from Junius Gracchanus (Dig. 1. tit. 13. s. 1; comIt does not appear whether this legis actio was the  pare Tacit. Annal. xi. 22) it appears that they
origin of the law of pledge, as subsequently de- were proposed by the king and appointed by the
veloped; but it seems not improbable. (Gaius, iv. populus (reges populi sfi~'agio creabaszt).  During
26, &c.; Cic. Jer5r. iii. 11; Pignoris capio, Gell. the early part of the republic they were appointed
vii. 10.)                             [G. L.]    by the comitia curiata, and afterwards by the
PERA, dim. PE'RULA (7ripa),a-;wallet, made  comitia centuriata, on the proposal of the consuls.
of leather, worn suspended at tthe side by rustics  (Dig. 1. tit. 2. s. 2. ~ 23; Cic. prso Rabir. 4, &c.)
and by travellers to carry their provisions (Mart. In the case of Rabirius (B. c. 63), however, this
xiv. 81) and adopted in imitation of them by the  custom was violated, as the duumviri were alpCynic philosophers. (Diog. Laert. vi. 13; Brinck, pointed by the praetor instead of by the comnitia
Anal. i. 223, ii. 22, 283; Auson. Epli. 53.)  The  centuriata. (Dion Cass.. c.; Cic. 1. c.; Suet. Caes.
12.)  In the time of the emperors no duumnviri
perduellionis were ever appointed.;S ~The punishment for those who were found guilty
of perduellio was death; they were either hanged
on the arbor' i7fhlix or thrown from the Tarpeian
rock. But when the duumviri found a person
guilty, he might appeal to the people (in early times
\  the populus, afterwards the comitia centuriata), as
was done in the first case which is on record (Liv.
i. 26), and in the last, which is that of Rabiriuts
/a       3 l R/5l whom  Cicero defended before the people in an
oration still extant.  Marcus Horatius who had
slain his sister, was acquitted, but was nevertheless obliged to undergo some symbolical punish(I                     K \               W We/ / /1l1/l ~inment, as he had to pass under a yoke with his
head covered.  The house of those who were exe-, lAJ;i 1l    M                         /     /,)V r I  cuted for perduellio, was razed to the ground, and
their relatives were not allowed to mourn for them.
(Dig. 3. tit. 2. s. 11. ~ 3; comp. Becker, Hasndtvlo
lder RXon. Alterth. ii. 2. p. 329, &c.)    [L,. S.]
EL    W/    -- / /  \PEREGRI'NUS.  [CIVITAS (RoMAN.)]
_ l -l 131             /      / g        _ _g  /__ PE'RGULA, appears to have been a kind of,
t:   _    booth or small house, which afforded scarcely any
i protection except by its roof, so that those who
passed by could easily look into it.  It served
-a_,~'___:-._'....both as a workshop (Dig. 5. tit. 1. s. 19) and a
stall where things were exhibited for sale,  We




PERIOECT.                                          PERTOECI.                   887
find, for instance, that painters exhibited their unsuccessful attempt by the Achaians to regain
works in a pergula that they might be seen by  their independence, the relation between the two
those who passed by (Lucil. op. Lactant. i. 22), parties was changed.  The Achaians were reduced
and Apelles is said to have concealed himself in  from citizens to vassals; they were made tributary
his pergula behind his pictures that he might over- to Sparta (rvErXe7s), and their lands were sub.
hear the remarks of those who looked: at them. jected to a tax, perhaps not so much for the sake
(Plin. H. N. xxxv. 36. ~ 12.)  Such places were  of revenue as in token of their dependence (Ephor.
occupied by persons, who, either by working or 1. c.); they lost their rights of citizenship ('Ioositting in them, wished to attract the attention of TLtia), such as that of intermarriage with the Dothe public. (Salmas. ad Script. Ilist. Aug. pp. 458, rians, the right of voting in the general assembly,
459.)   Hence we find them  inhabited by poor and their eligibility to  important offices in the
philosophers and grammarians who gave instruction  state, such as that of a senator, &c.  It does not,
and wished to attract notice in order to obtain  however,appear that the Perioeci (especially in tlhe
pupils.  (Suet. Aug. 94, de Illustr. Gramnmat. 1U; Historic times) were generally an oppressed peoFlay. Vopisc. Saturnin. 10; Juven. xi. 137.)       pie, though kept in a state of political inferiority
It should be observed that scholars do not agree  to their conquerors.  On the contrary, the most
as to the real meaning of pergula: Scaliger (ad  distinguished amongst them were admitted to offices
Plaidt. Psezd. i. 2. 79) describes it as a part of a  of trust (Thucyd. viii. 61), and sometimes invested
house built out into the street, as in some old  with naval command (Id.viii. 22), but probably
houses of modern times; Ernesti (ad Suet. Aug. only because they were better suited for it than the
94) thinks that a pergula is a little room  in the  Spartans themselves, who did not set a high value on
upper part of a house which was occasionally used  good sailorship. Moreover, the Perioeci sometimes
by poor philosophers as an observatory. But neither served as heavy-armed soldiers or troops of the line:
of these two definitions is so applicable to all the  at the battle of Plataeae, for instance, they supplied
passages in which the word occurs as that which  10,000 men, 5000 hoplites and 5000 light-armed
we have proposed.                      [L. S.]    (Herod. ix. 61), a circumstance which seems to
PERIACTOS (7reptfacros), a theatrical machinle  imply a difference of rank connected with a difconsisting of three scenes, placed in the form of a  ference of occupation amongst the Perioeci themtriangle (or rather, triangular prism) on a revolving  selves.  Again, at Sphacteria 292 prisoners were
platform, so that, by simply turning the machine, taken, of whom  120 were Spartans and the rest
the scene could be changed.  It was chiefly used  7reptoeRot.  (MUller, iii. 2. ~ 3.)  We also read of
when a god was to be introduced with the acconi- teaXol sc&yaOol, " or accomplished and well-born"
paniment of thunder.  The name was also applied  gentlemen,  amongst  the  Perioeci  serving  as
to the space which was provided for the machine  volunteers in the Spartan service.  (Xen. Hell. v.
ill the erection of the theatre.  (Vitruv. v. 7; 3. ~ 9.)  But still it is not to be expected, it is
Pollux, iv. 126.)                       [P. S.]    not natural, that men competent to the discharge
PERIDEIPNON    (7rEpi8eL7rvo ).  [FuNUs, of high  fimctions in a state, and  bearing its
p. 557, b.]                                        burdens, should patiently submit to an exclusion
PER1DRO'MIDES.  [XYsTUS.]                       from all politicalrights. Accordingly we find, that
PERIOECI (7repoLKomo).  This word properly  on the rising of the Helots in B. c. 464, somle of
denotes the inhabitants of a district lying around  the Perioeci joined them. (Thucyd. i. 101.) When
some particular locality, but is generally used to  the Thebans invaded  Laconia (B. C. 369), the
describe a dependent population, living without Perioeci were ready to help them. (Xen. Hell. vi.
the walls or in the country provinces of a domin- 5. ~ 25.)  In connection with the insurrection of
ant city, and although personally free, deprived of Cinadon we are told that the Perioeci were most
the enjoyment of citizenship, and the political bitter against the ruling Spartans. (Id. iii. 3. ~ 6.)
rights conferred by it.  The words od'eVOLKO and  From these and other facts (Clin. F. 11. Append.
emroitooL have an analogous meaning.               xxii.) it appears that the Perioeci of Laconia, if
A political condition such as that of the Perioeci not an oppressed, were sometimes a disaffected and
of Greece, and like the vassalage of the Germanic  discontented class; though in cases of strong exi::tions, could hardly have originated in anything  citemnent, or of general danger to the whole of
else than foreign  conquest, and the Perioeci of Greece, they identified themselves with their conLaconia furnish  a striking  illustration of this. querors. The very relation indeed which subsisted
Their origin dates from the Dorian conquest of the  between them was sufficient to produce in Sparta a
Peloponnesus, when  the old inhabitants of the  jealousy of her subjects, with corresponding feelings
country, the Achaians, submitted to their con- on their part. Nor can we suppose that the Dorians
qulerors on certain conditions, by which, according  would willingly permit the Perioeci to acquire
to Ephorus (Strab. viii. p. 364), they were left strength and opulence, or even to settle in large
in possession of their private rights of citizenship  towns. (Thirlwall, Hist. of Greece, vol. i. p. 307.) In
(iloorii/xa), such as the right of intermarriage with  fact it is stated by Isocrates (Paoa2th. p. 307), that
the Dorians, and also of their political franchise. the Dorians intentionally weakened the Achaians
They suffered indeed a partial deprivation of their by dispersing them over a great number of hamlets,
lands, and were obliged to submit to a king of which they called rdoAcLs, though they were less
foreign race, but still they remained  equal in  powerful than the countiy parishes of Attica, and
law  to  their conquerors, and were eligible to  were situated in the most unproductive parts of
all offices of state except the sovereignity.'Ird-  Laconia, the best land of which was reserved forthe
You001  ULETEXorTES. ical iroxAtEialr meal capXe'wv. Spartans.  It is not, however, necessary to under(Arnold. Tleucyd. vol. i. p. 641.)   But this state  stand the orator as speaking of a uniform practice;
of things did not last long: in the next generation  and another of his statements, to the effect that the
after the conquest, either from the lust of increased  Ephori could put any of the Perioeci to death
dominion on the part of the Dorians, or from  an L(p. 271) without trial, is either a perversion of the
3L 4




888                PERIOECT.                                          PERIOECT.
truth, or arose from  his confounding thei Perioeci  scendants of the old inhabitants of the country, bIltvith the Helots.                                   we must not suppose they were exclusively so.
Still the  grievances of the Perioeci were not Some of them  on the contrary were foreigners,
after all intolerable, nor do they seem to have been  who had either accompanied the Dorians on their
treated with wantonness or insolence. The distance  invasion of Laconia, or been afterwards invited by
at which many of them lived from Sparta, must have  them  to  supply the place of the dispossessed
rendered it impossible for them to share in the ad- Achaians.  One of these cities, Boia, is even said
ministration of the state, or to attend the public  to have been founded by a Hleracleid chief (Strab.
assemblies; a circumstance which must is some  p. 364); and another, Geronthrae, was peopled by
measure have blunted their sense of their political colonists sent from Sparta, after it was evacuated
inferiority.  Nor were they subjected to the re- by the old inhabitants. (Paus. iii. 22. ~ 5.)
straints and severe discipline which the necessity    The number of Perioeci in the Persian  war
of maintaining their political supremacy imposed  is thus determined by Clinton (I. c.): —" At the
upon the Spartans, making them  more like an  battle of Plataeae in B. c. 479, the Perioeci supplied
"army of occupation in a conquered country," orca  ] 0,000 men.  -If we assume this proportion to be
"beleagured garrison,"  than a society of men  the same as that which the Spartan force bore to
united for civil government and mutual advantage.  the whole number on the same occasion, or fiveBy way of compensation, too, the Perioeci enjoyed  eighths of the whole number of citizens, this
many advantages (though not considered as privi- would give;16,000 for the males of full age,
leges) which the Spartans did not.  The trade and  and  the total population of this class of the
manufactures of the country were exclusively in  inhabitants of Laconia would amount to about
their hands, and carried on by them imith the more  66,000 persons."
facility and profit as they occupied maritime, towns.    In the alater  times of Spartan  history, the
The cultivation of the arts also, as well in the  Perioecian townls of ~the cpas.t (Laconicae orae cashigher as in the lower departments, was co.fined  tella et vici) were detached from  Sparta by T.
to the Perioeci, the Spartans considering it: beneat~h  Quintius Flamininus, and placed under the protecthemselves; and many distinguished artists, such  tion of tJle Achaian.league.  (MUller, iii. 2. ~ 1;
as-embossers and brass-founders, were found in the  Liv. xxxiv. 29, 30, xxxviii. 31.)  Subsequently
Laconian  schools, all of whom  were probably  to this the emperor Augustus released 24 towns
Perioeci. (Miiller, Dor. iii. 2. ~ 3.)  Nor is there  from  their subjection to Sparta, and formed them
wanting other evidence, though not altogether free  into separate communities, under laws of their own.
from doubts, to show that the Spartan provincials  They.ere.copsuently called Eleuthero-Lacones.
were not in the least checked or shackled in the  (Paus. iii. 21. ~ 6.)  But even in the time of Pausadevelopment of their intellectual powers. (Thirl- nias some of the Laconian towns were not aUr'oNwall and MUller, 11. ce.) Moreover, it seems natural vdyol, but dependent upon Sparta (o'urTeoUera- Es
to suppose that they enjoyedcivil rights in the com-   Irdp'rqv).
inunities to which they belongadd and which other.    A class of Perioeci,,and.also:of Helots, has been
wise would scarcely have been' alled 7rodess; but said by Miiller to be the basis of the Dorian form of
whether or no these cities had the power of elect- government: we Lamy therefore expect to find Periing their own chief magistrate is a matter of conjec- oeci amongst other Dorian communities, as well as at
ture. Ephorus, indeed (I. c.), informs us that on the  Sparta, as, for instance, Elis and Argos, and the~
conquest of the Peloponnesus by the Dorians, they  Boeotian Thebes: the dependent towns of which
divided the country of Laconia into six districts, states formed sepgrate communities, as Thespiae
four of which were left in the possession of the  under:Thebes, the Tryphylian cities in Elis, and
Achaians, and governed by magistrates sent from  Orneae under Argos,though they could not be called
Sparta; but we do not know hlpt\.Oing this prac- ebTorvyozo. (WVachsmuth, i. 1. p. 161.)  From the
tice lasted, nor can we draw any,con.clusipns with  last mentioned town, which was long independent,
respect to the government of Laconia in general but reduced about B.c. 580, all the Argive Perioeci
from the example of Cythera, to which a Spartan  derived their name of Orneatae.  About the time
officer was annually sent under the peculiar title  of the Persian war, however, the inhabitants of the
of KvOnpo~sc7rs, or the "Justice of Cythera."     towns surrounding Argos were received into the
The number of Laconian (as they are called) city as oSpollocor, and admitted to the rights of
or subject cities, is said to have formerly amounted  citizenship; a change which was attended with a
to 100. (Strab. viii. p. 362.) Several of them lay  revolution in the constitution of Argos, and gave
on the coast, as Gythium, the port of Sparta; additional force to its democracy. (Muller, iii. 4.
whence the whole coast of Laconia is called -;  ~ 2.)  The Dorian cities of Crete also had their
7repiondciL. (Thucyd. iii. 16.) Many, however, lay  Perioeci (Arist. Pol. ii. 7), as well as the colonies
snore inland, as Thuria (Thucyd. i. 101) and  of Cyrene and Thera.  (Herod. iv. 161.)
Cardamyle, which seems to have belonged to the    The Perioeci of antiquity have been compared
old Messenia.  The inhabitants of the district of to other bodies, such as the plebs of Rome, and the
Sciros (s mKcpiTrs), on the confines of Arcadia, seem  communities of the Athenian demi or parishes.
to have been distinct from  the  other Perioeci But the only resemblance they bore to the latter
(Xen. Hell. v. 2. ~ 24), and in battle were posted by  was in the similarity of their position relative to
themselves on the left wing. (Thucyd. v. 67.) An  the chief city of their country, nor did the former
enumeration of the principal of these cities is given  body stand in the same relation to the Patricians
in Clinton. (Fast. Hell. App. c. 22.) The Perioeci as the Laconian provincials did to the Spartan
also occupied the island of Cythera, at the port of citizens.  Modern history furnishes fitter objects
which the Lacedaemonian merchants usually put of comparison in the Norman conquest of England
in, on their voyages home from Egypt and Libye. and the city of Augsburg. (Arnold, Tlstqcyd. vol. i.
(Thucyd. iv. 53, vii. 57.)   We have said that App. 1 and 2.)  The burghers or free citizens of
the Periocci living in these toivns were the de-  Augsburg lived in the city, while there grew up




PERTSCELIS.                                          PERSONA.                   889,
aIouit themn a distinct and large community living I'Eiod. xxviii. 42, xxxix. 28, Levit. vi. 10, and
without the city, chiefly formed of the einan-  7rEPIKcEAILo in Levit. xvi. 4, which our translators
cipated vassals of the dominant class, and called  uniformly render, and apparently with accuracy,
"Pfahlbiirger," or citizens of the "pale," the  linen breeches.                          [W. R.]
suburbs in which they lived being surrounded by      PERISTIARCHUS (7repa'TapXo s). [EcCLE.
palisades.  The Norman conquest of England pre-  sIA, p. 441, b.]
sents a striking parallel to the Dorian conquest of    PERISTRO'MA.  [TAPES; VELUM.]
Laconia, both in its achievement and consequences.    PERISTY/LIUM  (7reporCsiTov), as its name
The Saxons, like the old Achaians, were deprived  implies, was a continued row or series of rows of
of their lands, excluded from all offices of trust and  columns all round a court or building, in contradignity, and reduced, though personally free, to a  distinction to PORTLCUS (o —da), in which the pillars
state of political slavery.  The Normans on the  did not surround a space, but were arranged inl
contrary, of whatever rank in their own country, one or more parallel lines.  The enclosed court
were all nobles anld warriors, compared with the  was also called peristsjiuoz.  The chief specific use
conquered Saxons, and for a long time enjoyed ex-  of the word is in relation to the ancient dwellingelusively the civil and ecclesiastical administration  houses.  [DoMvs, p. 428, a.]        [P. S.]
of the land.                                         PERJU'RIUM.  [J USJURANDUM.]
For further details see Arnold, Tlzueyd. lib. i. c.    PERIZO'MA (7rep'FW0ua). [SUBLIGACULuCM.]
101, and Appendix ii.; Thierry, Histoire de la    PERO (&pgevAX, dim. a&pvAis; -capeaT'iv7, Xeii.
Conqe'te de l'Angleterre par les Nornsands, Livres  Anab. iv. 5. ~ 14), a low  boot of untanned hide
iv.-vii.                              [R. W.]   (CrZdals, Virg. l.en. vii. 690; Brunck, Anal. i.
PERI'POLI (7repisroeos).  [EPHEsBus.]            230), worn by ploughmen (peronatzls aorator, Pers.
PERI'PTEROS.  [TEMPLU.I.]                       v. ] 02) and shepherds, as exemplified in the woodPERI'SCELIS (WrepLetceMAs, Long. Past. i. 2; cut, at p. 808, and by others employed in rural occuMenander, ap. P1olluc. ii. 194, v. 100, Hor. Ep. i. paitions.  (Juv. xiv. 186.)  It had a strong sole
17. 56; Petron. 67). Much controversy has arisen  (Theocrit. vii. 26), and was adapted to the foot
with regard to the true meaning of this word. with great exactness. (Galen. in I ippoc. Lib. iv.)
The etymlology points out merely that it was some-  It was also called 7r7/Ao7raiFe on account of its
thing worn round the leg (rrepl owe'os), but from  adaptation  for walking through  clay and mire.
the context of the passage in Horace where it is  In the Greek mythology Perseus was represented
found we must at once infer that it was a trinket.  wearing boots of this description with wings at-.
The Scholiast explains it as "ornamentunm pedis  tached to them.  (Lycophron, 839.)  Diana wore
circum crura," and hence we can scarcely doubt them, when accoutred for the chace. (Brunck, Anal.
that it denotes an anklet or bangle, especially since  iii. 206.)  [COTHURNUS.]
we know that these were commonly worn not only    The term 48p~Slkx  is applied to an appendage to
by the Orientals, the Egyptians, and the Greeks,  the Greek chariot.  (Eurip. Hippol. 1179, Hlere.
but bythe Romanladies also. (Plin. H. N. xxxiii.  Fur. 1275.)  It seems to have been a shoe fast.
3. s. 12; compare Wilkinson's Ancient Egyptians, ened to the bottom of the chariot, into which the
vol. iii. p. 374.)   This explanation perfectly ac-  driver inserted his foot to assist him in driving and
cords with the expressions of Tertullianl (de Cultu  to prevent him from being thrown out.   [J. Y.]
Fenzinaruzz, ii. sub fin.), where the perisceliume is    PERPE'TUA  ACTIO.  [AcTio.]
spoken of as decorating the leg in the same manner    PERSAE  or STATUAE  PERSICAE  were
as the bracelet adorns the wrist and the necklace  figures which were used in place of columns, like
the throat.  The anklet is frequently represented  the Caryatides, Atlantes, and Telamones.  The
in the paintings of Greek figures on the walls of tradition respecting their invention is that they
Pompeii, as in the following representation of a  were first used in the Porticus Persica which was
Nereid.  (funseo Borbonico, vol. vi, tav. xxxiv.)    built at Sparta out of the spoils of the battle of
Plataeae (Vitruv. i. 1. ~ 6).  Pausanias, however,'-~d~    (iii. 2) describes the statues of the conquered Per~;,.],"0  H  sians, as being lrl'e, sC, KlW.      [P. S.]
4            /P~/)M   \ CAPER I1SECUTO'RIA ACTIO. [ACT10.]
& i            Pa  aERSO'NA  (larva, 7rpoeaworv or irpoeco7rEiov0),
a mask.  Masks were worn by Greek and Roman
actors in nearly all dramatic representations. This
custom  arose undoubtedly from  the practice of'"*-  r      mb: d smearing the face with certain juices and colours,
and of appearing in disguise, at the festivals of
Dionysus. [DbONYSIA.]  Now as the Greek drainma
arose out of these festivals, it is highly probable
K/''    \"k'-J/'t           ~     that some mode of disguising the face was as old as.~ \.  0      the drama itself.  Choerilus of Samos, however, is
said to have been the first who introduced regular
/masks.  (Suid. s. v. XolpiAXos.)  Other writers
It must be observed, however, that the Greek  attribute the invention of masks to Thespis or
lexicographers Hesychius, Photius, and Suidas, in-  Aeschylus (Horat. ad Pis. 278), though the latter
terpret 7repIrsCeXA  and 7replto'XdAz  by  OpatKcia, had probably only the merit of perfecting and comOneltva'mta, and St. Jerome (Epist. ad Fabiol.) ex-  pleting the whole theatrical apparatus and costume.
pressly states that the Greek mrepoK'eAX  were the  Phrynichus is said to have first introduced female
same with the Latin fenzinalia, that is, drawers  masks. (Suid. s.v.,pivsXos.) Aristotle (Po't. ii.
reaching from  -the navel to the knees.  In the  22) was unable to discover who had first intro.
Septuagint we find TrepLKe-ICes (so. EYevsUa) in  duced the use of masks in comedy.  Somne masks




890               PERSONA.                                         PERSONA.
covered, like the masks of modern times, only the  such peculiar masks.  The standing masks of tra,
face, but they appear more generally to have covered  gedy are divided by Pollux into five classes.
the whole head down to the shoulders, for we    I. Tragic masks for old  en.  The mask for the
find always the hair belonging to a mask described  oldest man on the stage was called ~vpias aYl7p,
as being a part of it; and this must have been the  from the circumstance of the beard being smoothly
case in tragedy more especially, as it was necessary  shaved. The hair, which was in most cases attached
to make the head correspond to the stature of an  to the masks, was white, and hung down with the
actor which was heightened by the cothurnus.     exception of a part above the forehead, which rose
I. TRAGIC MASKS. It may at first seem strange  in an acute angle, or in a round shape, and left the
to us, that the ancients, with their refined taste in  temples uncovered.  This rising part of the hair
the perception of the beautiful in form and expres- was called yiycos.  The cheeks of this mask were
sion, should by the use of masks have deprived  flat and hanging downwards.  A second mask for
the spectators in their theatres of the possibility of old men, called AevKss avip, had grey hair, floating
observing the various expressions, of which the  around the head in locks, a full beard and a promihuman face is capable, and which with us contri- nent forehead, above which the hair formed a
bute so much to theatrical illusion.  But it must be  small 0yicos. The countenance was probably pale,
remembered, that in the large theatres of the an- as the adjective AEvKCOs seems to indicate.  A third
cients it would have been impossible for the greater mask, called o7raProroALtos, had black hair interpart of the audience to distinguish the natural spersed with grey, and was somewhat pale.  It
features of an actor.  The features of the masks probably represented a hero of from 40 to 50 years
were for this same reason very strong and marked. of age, and in a suffering condition.  The fourth
Again, the dramatis personae of most of the ancient mask, /;EAas a&vwp, represented a hero in his fuill
tragedies were heroes or gods, and their characters  vigour, with black and curly hair and beard, strong
were so well known to the spectators, that they  features and a high o6ycos.  This was probably the
were perfectly typical.  Every one therefore knew  mask for most of the tragic heroes who were not
immediately on the appearance of such a character very much advanced in age.  For a secondary class
on the stage, who it was, and it would have been  of heroes there were two other masks, the eavr0s
difficult for a Greek audience to imagine that a  and the,avd&rSepos av/p: the former represented
god or hero should have had a face like that of a fair man with floating locks, a low?ymlcos, and a
an ordinary actor.  The use of the cothurnmus  good colour in his countenance; the second or
also rendered a proportionate enlargement of the  fairer man, was pale and of a sickly appearance.
countenance absolutely necessary, or else the figure    2. Tragic mlasks for yozlzg sen. Among these
of an actor would have been ridiculously dispro- are mentioned, 1. The yeavir'wos 7rackXps'osTo, a
portionate. Lastly, the solemn character of ancient mask intended to represent a man who had just
tragedy did not admit of such a variety of expres- entered the age of manhood, and was yet unbearded,
sions of the countenance as modern tragedies; the  but of a blooming and brownish complexion, and
object of which seems to be to exhibit the whole  with a rich head of hair.  The name 7raciyXprT0so
range of human passions in all their wild and self- probably indicates that the mask might be used
devouring play.  How widely different are the  in a great variety of parts. 2. The,euavuisoosoXos,
characters of ancient tragedy!  It is, as MUller or tav0os or 7-re'po-ytco7, a fair youth of a haughty
(list. of the Lit. of Assc. Greece, i. p. 298) justly  or impudent character; his hair was curly and.
remarks, perfectly possible to imagine, for example, formed a high doyJeos; his character was indicated
the Orestes of Aeschylus, the Ajax of Sophocles, by his raised eye-brows.  3. Neareo'wos 7rdpovAos,
or the Medea of Euripides, throughout the whole  resembled the preceding mask, but was somewhat:
tragedy with the same countenance, though it would  younger. The counterpart of these two was, 4. The:
be difficult to assert the same of a character in any  a&radrs, a young man of a delicate and white commodern drama.  But there is no necessity for sup- plexion, with fair locks and a cheerful countenance
posing that the actors appeared throughout a whole  like that of a youthful god.  5. hlwapo'e.  There
piece with the samle countenance, for if circum- were two masks of this name, both representing
stances required it, they might surely change masks young men of an irascible appearance, of yellow
during the intervals between the acts of a piece. complexion and fair hair; the one, however, was
Whether the open or half-open. mouth. of a tragic  taller and younger, and his hair was more curly
mask also contributed to raise the voice of the actor, than that of the other.  6.'atXpds, a mask quite
as Gellius (v. 7) thinks, cannot be decided here, pale, with hollow cheeks and fair floating hair.
though we know that all circumstances united to  It was used to represent sick or wounded persons.
compel a tragic actor to acquire a loud and sonorous 7. The 7rdpoexpos might be used for the rrd-yXps0-Tos
voice.                                           if this character was to be represented in a sufferThe masks used in ancient tragedies were thus, ing or melancholy situation.
for the most part, typical of certain characters, and    3. Trcagic 2nzasks for smale slaves.  Pollux menconsequently differed according to the age, sex, tions three, viz. the 8cpOreplas, which had no 3yscos
rank, and other peculiarities of the beings who  and wore a band round the smooth white hair.
were represented.  Pollux, from whom we derive  The countenance was pale, the beard gray, the
most of our information on this subject, enumerates nose sharp, and the expression of the eyes melan(iv. 133, &c.) 25 typical or standing masks of choly. The c-p'o7rcoycevY, or the pointed beard, retragedy, six for old mes, seven for young men, presented a man in Iis best years, with a high and
nine for females, and three for slaves.  The num- broad forehead, a high oyKcos, hardened features,
ber of masks which were not typical,but represented  and a red face. The &vado'tors, or the pug-nose, was
certain individuals with their personal peculiarities,'an impudent face with fair rising hair, of a red
such as the blind Thamyris, the hundred-eyed  colour and without beard.
Argus, &c., must have been much more numerous,   4. Tragic sasks Jbr female slaves. Of these five
for Pollux by way of example mentions thirty of specimens are mentioned, viz, the WroxtA iam-rdco/uos,




PERSONA.                                           PERSONA.                   891
in earlier times called 7rapaXpowpsr, represented an  Lucian, de Scdltat. 27, Anaclh. 23, Nig;i'n. 11,] Sonn
old woman with long white hair, with noble but s. Gall. 26.)
pale features, to indicate a person who had seen    The annexed woodcut rebetter days; the ypa'i'oYv ieevepoov, an old freed- presents some masks, one ap-, 
woman; the ypal'8Lov olICET'CdV, the old domestic  parently comic and the other
slave; the oIKETLKbV icEi o'icovpov, a domestic slave tragic, which are placed at the       r
of middle age; and lastly the atOPepL'rs,  a young  feet of the choragus in the    (  -
female slave.                                      celebrated  mosaic  found  at       /  (/  
5. Tragic masksforfree women. The firstof these, Pompeii. (MAluseo Borbon.. vol. "!r/
called KaT'diKO os, represented a pale lady, with long  ii. tab. 56; Gell, Pomp. vol. i.
black hair and a sad expression in her countenance. pl. 45.)
She generally shared the sufferings of the principal    II. CoMuIC MASes. -In  the old Attic comedy,
hero in a play.  The second, called 1AeoidcovpoS  in which living and distinguished persons were so
dXpd, resembled the former, with the exception  often brought upon the stage, it was necessary that
that her hair was half shorn.  She was a woman  the masks, though to some extent they may have
of middle age, and was probably intended to repre- been caricatures, should  in the main points be
sent the wife of the chief hero, if he was not too  faithful portraits of the individuals whom  they
advanced in age.  The third is the  tcldicovpos  were intended to represent, as otherwise the object
rpd6oaraos, representing a newly married woman  of the comic poets could not have been attained.
in full bloom with long and floating hair.  The  The chorus on the other hand, as well as certain
fourth is the IcobplOSs wrapOevos, a maiden of mature  phantastic dramatis personae, rendered sometimes
age, with short hair divided on the middle of the  a complete masquerade necessary; as in those cases
forehead, and lying smoothly around the head. when the choreutae appeared with the heads of
The colour of her countenance was rather pale. birds or of frogs, &c.  We may remark here, by
There was another mask of the same name, but it the way, that the chorus of tragedy appeared gene.
differed from the former by the following circum- rally without masks, the Eumenides of Aeschylus
stances:-the hair was not divided on the forehead  being probably only an exception to the general
or curled, but wildly floating, to indicate that she  rule. The masks of the characters in the old Attic
had had much suffering to go through.  The last comedy were therefore, on the whole, faithful to
is the idp?, or young girl.  This mask represented  life, and free from the burlesque exaggerations which
the beauties of a maiden's face in their full bloom, we see in the masks of later times.  A change was
such as the face of Dana,, or any other great made in the comic masks, when it was forbidden to
beauty was conceived to have been.                 represent in comedy the archon by imitating his
The account which Pollux gives of the tragic  person upon the stage (Schol. ad Asistoplz. NAzb.
masks comprehends a great number, but it is small 31), and still more, shortly after, by the extension
in comparison with the great variety of masks which  of this law to all Athenian citizens. (Schol. cadl
the Greeks must have used in their various trage- Aristoph. A c. 1149, Av. 1297; Suid. s.v.'ATridies, for every hero and every god who was known   leaXos.)  The consequence of such laws was, that
to the Greeks as being of a particular character, the masks henceforth, instead of individuals, repremust have been represented by a particular mask, sented classes of men, i. e. they were masks typical
so that the spectators were enabled to recognise  of men of certain professions or trades, of a particuhim  immediately on his appearance.  For this lar age or station in life, and sonse were grotesque
very reason the countenances of the gods, heroes, caricatures.  A number of standing characters or
and heroines, must, in point of beauty, have been  masks was thus introduced in comedy.  Pollux
as similar as possible to their representations in  gives a list of such standing masks, which are
statues and paintings, to which the eyes of the  divided, like those of tragedy, into five classes.
Greeks were accustomed; and the distorted masks    1. Comic ma2sls fbr old men.  Nine masks of
with widely open mouths, which are seen in great this class are mentioned.  The mask representing
numbers among the paintings of Herculaneum  and  the oldest man was called  ardi7ros;p&Tros: his
Pompeii (see the annexed woodcut from Alfrseo  head was shaved to the skin, he had a mild exBosbon. vol. i. tab. 20) would give but a very in- pression about his eyebrows, his beard was thick,
aedequlate notion of                               his cheeks hollow, and his eyes melancholy.    iis
the masks used at                                  complexion was pale, and the whole expression of
Athens during the                                  the countenance was mild.  2. The 7rdrrros esTipoe
nlostflourishingpe-                               w was of a more emaciated and more vehement apriod of the arts. All                              pearance, sad and pale; he had hair on his head
the representations      /and a beard, but the hair was red and his ears
of tragic masks be-                                broken.  3. The'yedjcv, likewise an old man,
longing to this pe-          C-        )           with a thin crown of hair round his head, an aquliriod, do not show         <                        line nose, and a flat countenance.  His right eyethe slightest trace   "                            brow was higher than the left. 4. The mrpeavr7Ts,
of exaggeration or                                 bad a long and floating beard, and likewise a crown
distortion in the features of the countenance, and  of hair round his head; his eyebrows were raised,
the mouth is not opened wider than would be neces- but his whole aspect was that of an idle man.  5.
sary to enable a person to pronounce such sounds The Eipuc6vElos was bald-headed, but had a beard
as oh or h7a.  In later times, however, distortions  and raised eyebrows, and was of angry appearance.
and exaggerations were carried to a very great 6. The 7ropogo~osr.s resembled the mask called
extenlt, but more particularly in comic masks, so Avsuou8jeios, but his lips were contorted, the evethat they in some degree were more caricatures brows contracted, and the head without any hair.
than representations of ideal or real countesiances. 7. The eppciseItos  sE'TepoS  had a pointed beard,
(Apollon. Vit. Apollon. v. 9. p. 195, ed. Olear; but was otherwise without hair. 8. The aorqmvo.




892               PERSONA.                                           -PERiSONA.
rcoywcv, or pointed beard, was likewise bald-headed,  ypa&is, or the fat old woman with large wrinklesi
had extended eye-brows, and was looking ill-tem-  and a band round her head keeping the hair topered.  9. The AuKo,uij3etos    had a thick beard,  gether; and the?ypai'tov orovpdv, or the domestic
was conspicuous on account of his long chinll, and  old woman.  Her cheeks were hollow, and she had.
the form of his eyebrows expressed great curiosity.  only two teeth on each side of her mouth.
The  annexed   comic                               5. Comzic masks for young womlen.  Pollux men.
mask, representing an old                          tions fourteen, viz. -1. The?yv4 AEK-rK', or the,
man, is taken from  the                    X       talkative woman; her hair was smoothly combed
Mlzseo  Borbon.  vol. i.          &                down, the eyebrows rather raised, and the comtab. A.                                            plexion white.  2. The yvv,  o6Xi. was only dis2. Comic  masks  for         5tinguished for her fine head of hair.  3. The Itcnp
young lmene.  Pollux ensu-      -i                 had her hair combed smoothly, had high and black
olerates ten masks of this                         eyebrows, and a white complexion.  4. The  ev8o-e
kind. 1. The 7rayX 0Eps es                         t,l cdpq7 had a whiter complexion than the former, her
formed the transition from                         hair was bound up above the forehead, and she was
the old to the young men;                          intended to represent a young woman who had not
lie had but few wrinkles on his forehead, showed  been married more than once. 5. Another mask of
a muscular constitution (yuveYao-T-Kd'S), was rather  the same name was only distinguished from the
red in the face, the upper part of his head was  former by the irregular manner in which the hair
bald, his hair was red, and his eyebrows raised.  was represented.  6. The  marapro7roAs,o Ec'rTLc77,
2. The Veatlo-   tt-iyXas was younger than the pre-  an elderly woman who had once been a prostitute,
ceding one, and with low eyebrows.  He repre- and whose hair was partly grey. 7. The iraXhac6
sented a young man of good education and fond of resembled the former, but had a better head of
gymnastic exercises.  8. The veavsicos oXos7, or  hair.  8. The rE'Xeiov  em'atpticbv was more red in
the thick-haired young man, was young and hand-  the face than the meusoKCdpn, and had locks about
some, and of a blooming countenance, his eyebrows  her ears.  9. The Eiratpilov was of a less good apwere extended, and there was only one wrinkle  pearance, and wore a band round the head.  10.
upon his forehead.  4. The vEeayvL'oos &7rao'ds, his  The 8dxpu'oo Eragipac derived the name from the
hair was like that of the 7rdqyXpsewTo's, but he was  gold with which her hair was adorned.  11. The
the youngest of all, and represented a tender youth 1,dattUrpo s  eatipa, from the variegated band wound
brought up in seclusion from the world.  5. The  around her head. 12. The Xadtardmov, from the ciraypod;os or rastic young nlan, had a dark com-  cumstance of her hair being dressed in such a manplexion, broad lips, a pug-nose, and a crown of hair ner that it stood upright upon the head in the formn
round his head.  6. The Erirers'ros o'paL'c6T-qT  of a lampas.  13. The a'pa rErep[oVpoS represented
or the formidable soldier, with black hair hanging  a female slave newly bought and wearing only a
over his forehead.  7. The Erifrefo-roo  &sev'Tpos  white chiton.  14. The'rapa slmpto-r'v l, was a slave
was the same as the preceding, only younger and  distinguished by a pug-nose and her hair; she
of a fair complexion. 8. The K6xat or the flatterer, attended upon hetaerae, and wore a crocus-coloured
and 9. The 7rapdo-''ro  or parasite were dark (coin-  chiton.
pare Athen. vi. p. 237), and had aquiline noses.    Numerous as these masks are, the list cannot by
Both were apparently of a sympathising nature; any means be considered as complete, for we know
the parasite, however, had broken ears, was mrerry-  that there were other standing masks for persons
looking, and had a wicked expression about his  following particular kinds of trade, which are not
eyebrows. 10. The EIcoLKcdos represented a stranger mentioned in Pollux.  Maeson of Megara, for exin splendid attire, his beard was shaved and his  ample, is said to have invented a peculiar mask
cheeks pierced through. The ouceAndo's was another  called after his own name  saitao-ov, another for a
parasite.                                          slave, and a third to represent a cook. (Athen. xiv.
3. Comaic msasks for male slaves.  Of this class  p. 659.)  From this passage of Athenaeus we also
seven masks are mentioned.  1. The mask repre- learn that Stephanus of Byzantium wrote a work
senting a very old man was called rd'rtos, and had  crept 7rpooc6irov.
grey hair to indicate that he had obtained his    III. MASKS USED IN THE SATYRIC DRAMA.
liberty.  2. The i-ygeu,V aEpad7rov had his red hair  The masks used in this species of the Greek drama
platted, raised eyebrows, and a contracted forehead. were intended to represent Satyrs, Silenus, and
He was among slaves the same character as the  similar companions of Dionysus, whence the ex7rpeofUt;nr/s among freemen.  3. The Kcd-ro'rpIXias,  pressions of the countenances and the form of their
or Ircd -re'sptXe os, was half bald-headed, had  heads may easily be imagined.  Pollux only meilred hair and  raised eyebrows.  4. The ouXos  tions the grey-headed Satyr, the unbearded Satyr,
separrwo,, or the thick-haired slave, had red hair  Silenus, and the 7rdar7ros, anld adds that the characand a red countenance; he was without eyebrowvs, ters of all the other Satyric masks either resembled
and had a distorted countenance.  5. The  spcEarcuJv  these, or were sufficiently expressed in their names,
tfros was bald-headed and had red hair.  6. The  e.g. the Papposilenus was an old man with a very
epadcrcoV   TE'TTir    was bald-headed and dark, but predominantanimalcharacter. (CompareEichstiidt,
had two or three slips of hair on his head and on  de Drozamte Comico-Satyrico, p. 81.)  A grotesque
his chin, and his countenance was distorted.  7. mask of a Satyr, together with one of the finest
The irriem-ro0o iTye/dmv,, or the fierce-looking slave,  specimens of a tragic mask, is contained in the
resembled the?YE/Lx&Y aEp?7roov   with the exception  Townly Gallery in the British Museum, and is reof the hair.                                       presented on the following page.
4. Comnic nmasks for okl wo7,en.  Pollux men-    As regards the earliest representations of the retions three, viz. the ypa'otMov  iaX'bv or Avmcat-  gfular drama among the Romans, it is expressly
viwo, a tall woman with many but small wrinkles,  stated by Diomcdes (iii. p. 486, ed. Putsch.), thait
and pale but writh animated eyes; the. raxet l.masks were not tused, but merely the galerus or




PES.                                          PETAURUM.                    893
modern.  Very little needs to be added to what
has been said of the Greek and Roman feet under
4.'"4,      MRENSURA.:-.,~..,~'l'he Romans applied the uncial division [As] to
the foot, which thus contained 12 unciae, whence
or inches; and many of the words used to express
certain numbers of unciae are applied to the parts
/~ b    XXj of the foot. (Veget. de Re Mlilit. i. 5; Plin. H. N.
~~~~~u~ -xxvii. 5. s. 11, xiii. 15.)  It was also divided into'- jj 1''se      16 uiigiti (finger-breadths):  this mode of division
was used especially  by architects and land-sur~. fs,;   veyors, and is found on all the foot-measures that
have come down to us. Pollex (the thumb), which
in the ancient writers, but Pliny (H.N. xxvii. 9,
i       i         xv. 24, xiii. 23) uses the adjective poll/icaris (of a
thumb's breadth or thickness).
From the analogy of the as, we ha ve also dupondeium for 2 feet (Colum. iii. 15, &c.), and pes.sesterwig,  aid that Roscius Gallus, about the year 100  ties for 2 — feet. (Leg. XII. Tab.. Tab. v1iii.) The
a. c., was the first who introduced the use of masks.  chief subdivisions and multiples of the foot will be
It should, however, be remembered that masks had  found mentioned under MENSURA, and more fully
been used long before that time in the Atellanae  described in their proper places. (See also the
(Fest. s. v. PersonZta), so that the innovation of Tables.)  One itinerary measure, which has been
Roscius must have been confined to the regular  omitted in its proper place, is the Leuga, or Leuca,
drama, tliat is, to tragedy and comedy.  As for the  which was a Gallic measure -  1500 passus or 11
forms of Roman masks, it may be presumed that, mile.  (Ammian. Marc. xvi. 1'2; Iin. Antonoinm.)
being introduced from Greece at so late a period,  Stones are still found on the roads in France with
they had the same defects as those used in Greece  distances marked on them inl Leqyae. [MILLIARE.]
at the time when the arts were in their decline,    The square foot (pes qnacdateus) is called by
and this supposition is confirmed by all works of Frontinus constratzs, and by Boethils contactus.
art, nld the paintings of Herculaneum and Pompeii,  Frontinus applies the term qcadratus to the cubic
in which masks are represented; for the masks  foot, and the same, as a measure of capacity, was
appear unnaturally distorted and the mouth always  called QUADPRANTAL.
wide open.  The expressions of Roman writers    Certain peculiar foot-measures, differing from  the
also support this supposition. (Gellius, v. 7; Juv. ordinary ones, are mentioned by ancient writers.
iii. 175.)  We may mention here that some of the  The Samiain, which was the same as the Egyptian
oldest MSS. of Terence contain representations of foot, is known from  the length of the Egyptian
Roman masks, and from  these MSS. they have  cubit as derived fron  the Nilometer (namely,
been copied in several modern editions of that poet,  17-742785176inches) to haveconitained 11'82852384
as in the edition published at Urbino in 1726, fol., inches, or more than 1 3 inches.  A  larger foot
and in that of Dacier.  The cut annexed contains  than  the common staldard seems to have been
representations of four of these masks prefixed to  used in Asia Minor.  Heron (de  llenls. p. 368)
the Andria.                                        names the Royal or Philaeterian foot as being 16
finger-breadths, and the Italian as 13 2, and he also,( i~ f \  4mentions a mile (/A1Xov) of 5400 Italian or 4500
___'< tX\,I9,    4         royal feet.  Ideler supposes that the Italian foot
r     11       );i K2)'/II( (tbi foot larger than the common standard, correspond-, j )i),/   )(Il'' Ij~,\l(\0 /e)o9'  ing to the stadium  of 7 to the mile, which had.K,: -'f':.,i),  been  introduced before  Heron's time, namely,
\\';  4(t~  (; ~          - l the tenth century.  The Pes Drussiamts or foot of
Drusus, contained 1 31 Roman inches -  13'1.058
AWhen actors at Rome displeased their audience  English inches.  It was used beyond the boundand were hissed, they were obliged to take off their  aries of Italy for measuring land, and was the
masks; but, those who acted in the Atellanae were  standard among the Tungri in Lower Germany.
not obliged to do so. (Fest. s. v. Pe-sonztalfibzlae;    (Hussey, on Ancient WTeights, &c., Appendix;
NMacrob. Sat. ii. 7.)  The Roman mimes never wore  Wurm, de Pond. chaps. 6 and 7; Bockh's AiMetroloq.
masks.  [MImus.]  (Compare Fr. De Ficoroni,  Untersuchl. pp. 196, &c.; Ideler, Lingcen mnid Flii.
Dissertatio de Laruvis scenicis et Fiquris com1icis ant. chenmnasse; Frdret, Observations scur le Ral.Ipport cles
RIos2., Rome 1736 and 1750, 4to; Fr. Stieve, Disser — Misures Geecques et des JIssures Romnaines, Md1n.
tatio de reiscenzicae apud R eoncnos Origize.) [L. S.]  de l'Acad. d'Inscrip. t. xxiv. pp. 551, &c. [P.S.]
PE'RTICA, the pole, used by the AGRIMsEN-    PESSI (mrefof).  [LATRUTNCULI.]
SOaRES, was also called DECEsMPEDA because it was    PE'SSULUS.  [JANUA, p. 626, b.]
ten feet long.  Ons account of its use in assigning   PETALISMUS  (7rse-aAo/s).  LEXSI[ExsLIUM
h]ads to the members of a colony, it is sometimes  p. 515, a.]
represented on medals by the side of the augurial    PE'TASUS.  [PILEUS.]
plough. (Propert. iv. 1. 30.)          [J. Y.]        PETAURISTAE.  [PETAURUM.]
PES (rovs), a foot, the standard measure of    PETAURUM  (7rre'avpov, VrE'evpov) is said by
length among the Greeks and Romans, as well as  the Greek grammarians to have been a pole or board,
almolng nearly all other nations, both ancient and  on which fowls roosted. (Hesych. s. v.; Pollux, x.




894               PHALERA.                                           PHARETRA.
156.)  We also find the name of Pelatrumn ill tie  helmet similar decorations were sometimes, though
Roman games, and considerable doubt has arisen  very rarely, worn by warriors on other parts of
respecting its meaning.  It seems, however, to  their dress or armour, probably upon the breast.
]lave been a board moving up and down, with a  (Virg. Aen. ix. 359, 458.)  The negro slaves who
person at each end, and supported in the middle,  were kept by opulent Romans wore them  sussomething like our see-saw; only it appears to  pended round their necks.  (Sueton. NEero, 30.)
have been much longer, and consequently went to  Also the tiara of the king of Persia was thus
a- greater height than is common amlongst us. adorned. (Aeschyl. Pers. 668.)  But we most
(Some writers describe it as a machine, from which  commonly read of phalerae as ornaments attached
those who exhibited were raised to a great height to the harness of horses (Xen. Hellen. iv. 1. ~ 39;
and then seemed to fly to the ground; but this in-  Virg. Aen. v. 310; Gell. v. 5; Claudian, Epig. 36),:terpretation does not agree so well with the pas-  especially about the head (&w7rvtCrptpa odAapa,
sages of the ancient authors as the one previously  Soph. Oed. Col. 1069; Eurip. Suppl. 586; Greg.
mentioned.  (Lucil. ap. Fest. s. v. Petaurist.; Juv.  Cor. de Dialect. p. 508, ed. Schafer), and often worn
xiv. 265; Mart. xi. 21. 3; Manil. v. 433.)  The  as pendants (pensilia, Plin. ILr.    xxxvii. 12. s.
persons, who took part in this game, were called  74), so as to produce a terrific effect when shaken
Petar'istae or P'etauristarii; but this name seems  by the rapid motions of the horse (tmsrbantmnr p/tto have been also applied in rather a wider signifi-  lerae, Claudian, ii iv. Cons. HIonor. 548).  These
cation. (Compare Petron. 53.)                      orlaments were often bestowed upon horsemen by
PETI'TO1R.  [ACTOR.]                             the Roman generals in the same manner as the
PETO'RRITUM,  a  four-wheeled  carriage, ARMaILLA, the TORQUES, the hasta pura [HASTA],
which, like tihe EssEDUsI, was adopted by the  and the crown of gold [CoRoNA], in order to make
Romans in imitation of the Gauls. (Hor. Sat. i. 6. a public and permanent acknowledgment of bravery.104.) It differed from the H.IRA2RAAXA in being  and merit. (Juv. xvi. 60; Gell. ii. 11.)  [J.Y.]
uncovered.  Its name is obviously compounded of    PHALLUS.  [DIONYSIA, p. 411,a.]
pdtor, four, and s-it, a wheel.  Festus (s. v.) in ex-    PHIALOS (PaXAos).  [GALEA.]
plainiamg this etymology observes that petor meant    PHARETRA (qmapE'pa, ap. tierod. eapEsrpecv),
four in Oscan and in Aeolic Greek.  There is no  a quiver. A quiver, full of arrows, was the usual acreason to questioi  the truth of this remark; but,  companiment of the bow. [ARcus.] It was consesince Petor meant four in many other European  quently part of the attire of every nation addicted
languages, it is more probable that the Romlans  to archery. Virgil applies to it the epithets Cressa,
derived the name, together with the fashion of this  Lycie, T/tretssc   (Georg. iii. 345, Aen. vii. 816,
vehicle, from the Gauls. Gellius (xv. 30) expressly  xi. 858); Ovid mentions the pharletrats Get (De:
says that it is a Gallic word.         [J. Y.]    Posito, i. 8. 6); Herodotus represents it as part
PEZETAERI (7resTiraLO).  [ExERCITUS, P. of the ordinary armour of the Persians (vii. 61).
488, b.]                                           Tile quiver, like the bow-case (corytius), was prinlPHALANGAE or PALANGAE (paXayyeyE), cipally made of hide or leather (Herod. ii. 141),
any long cylindrical pieces of wood, such as trunks  and was adornled with gold (Anacr. xiv. 6; aurata,
or branches of trees (Herod. iii. 97; Plin. HI. NA. Virg. Aen. iv. 1338, xi. 858), painting  (Ovid,
xii. 4. s. 8), truncheons (Plin. tI. hT. vii. 56. Epist. IHe. xxi. 173), and braiding (7roeAvXp3ar-o,
s. 57), and poles used to carry burthens.  The  Theocrit. xxv. 265).  It had a lid (cr&/xa, IIon.
carriers who used these poles were called  1/ialan- Il. iv. 116, Od. ix. 314), and was suspended
aarii (Gloss. Ant. s. v.), and also heacxplori, tetra- from  the right shoulder by a belt [BALTEUS],
phori, &c., according as they worked in parties of passing over the breast and behind the back. (Hes.
six, four, or two persons.                         1. c.)  Its most common position was onI the left
The word was especially used to signify rollers
placed under ships to move them  on dry land, so
as to draw  them  upon shore or into the water
(8ovpareot t KvXhvpoi, Brunck, Anal. iii. 89; Apoll.
Rhod. i. 375-389).  This was effected either by
making use of the oars as levers, and at the same
tiime fastening to the stern of the ship cables with
a Iloose (xtlpivos), against which  the  sailors
pressed with their breasts, as we see in our canal
navigation (Orph. Apyon. 239-249, 270-273),
or by the use of machines. (Hor. Carez. i. 4. 2.)
Rollers were employed in the same manner to
move military engines (Caesar, Bell. Civ. ii. 10).            \e
PHALANX (                EdiAaRy). [ExRaCITUs, pp. 482, b,.488.]
PIHALA'RICA.  [HASTA, p. 589, a.]
PHA'LERA (pdxaapov), a boss, disc, or crescent
of metal, in many cases of gold (Herod. i. 215;
Athen. xii. p. 550; Claudian, Epiy. 34) and beautifully wrought so as to be highly prized. (Cic.
Verr. iv. 12.)  Ornaments of this  description,
being used in pairs, are scarcely ever mentioned
except in the plural number. The nanes for them
are evidently formled from the term cpdaos, which
is explained under GTALEA.  (Compare Hlin. II.,        _
xvi. 106.)  Besides the metallic ornaments of the             -v-''-         -




PMIAIROS.                                           PHASIS.                   895
Iaip, in the usual place of the sword [GLADIUS],  Sueton. Clanld. 20; Brunck, Anal. ii. 186.)  The
and consequently, as Pindar says, "under the  Pharos of Brundusium, for example, was, like that
elbow " (01. ii. 150. s. 91) or "under the arm "  of Alexandria, an island with a light-house upon
( ircvXw ioY, Theocrit. xvii. 30). It was worn thus  it. (Mela, ii. 7. ~ 13; Steph. Byz. 1. c.) Suetonius
by the Scvthians (Schol. in Pined.. c.) and by the  (Tiber. 74) mentions another phbaros at Capreae.
Egyptians (Wilkinson, Alan. and Cust. vol. i. pp.    The annexed woodcut shows two phari remain311, 391), and is so represented in the preceding  ing in Britain.  The first is within the precincts
figure of the Amazon Dinomache, copied from  a  of Dover Castle.  It is about 40 feet high, octagoGreek vase. (Hope, Costumne of the Ancients, i. 22.)  nal externally, tapering from below  upwards, and
The left-hand figure in the same woodcut is from  built with narrow courses of brick and much wider
one of the Aegina marbles.  It is the statue of an  courses of stone in alternate portions.  The space
Asiatic archer, whose quiver (fractured in the  within the tower is square, the sides of the octagon
original) is suspended equally low, but with the  without and of the square within being equal, viz.,
opening towards his right elbow, so that it would  each  15 Roman feet.  The door is seen at the
be necessary for him in taking the arrows to pass  bottom. (Stukely, Itin. Curios. p. 129.) A similar
his hand behind his body instead of before it.  To  pharos formerly existed at Boulogne, and is supthis fashion was opposed the Cretan method of posed to have been built by Caligula. (Sueton. Cclid.
carrying the quiver, which is exemplified in the  46; Montfaucon, S&pplem. vol. iv. L. vi. 3, 4.) The
woodcut, p. 276, and is uniformly seen in the  round tower here introduced is on the summit of a
ancient statues of Diana.               [J. Y.]    hill on the coast of Flintshire.  (Pennant, 1>'ar. of
PHARMACON GRAPHE (pcap/dtawK' or pap-   hliteford and Holywell, p. 112.)                 [J. Y.],uaKieas -ypa(p1), an indictment against one who
caused the death of another by poison, whether
given with intent to kill or to obtain undue influ..
ence. (Pollux, viii. 40, 117; Demosth. c. Aristocr.
6(27; Argumi. in Ors. Antiplh. KaTr''y. (pap.)  It  
was tried by the court of Areiopagus.  That the
malicious intent was a necessary ingredient in the
crime, may be gathered from the expressions lK
7rpoolias, et er'TLgovXAIs Kal 7rpoovXh.s, in Antiphonl
(1. c. iii. 11 2, ed. Steph.).  The punishment was
death, but might (no doubt) be mitigated by the
court under palliating circumstances.  We havel
examples of such —ypapal in the speech of Antiphon             _,already cited, and that entitled 7repL ToV XopevoU. 
(Meier, Att. Proc. p. 311.)  Among the Greeks,
women appear to have been most addicted to this    PHAROS (p)apos).  [PALLIUIn.]
Crime, as we learn fromt various passages in ancient    PHASE'LUS ((pacma,;os), uwas a  vessel rather
authors.  Such women are called epap/atcid'es and  long and narrow, apparently so called from its re(papFaKcevTrpiat.  Poisonous drugs were frequently  semblance to the shape of a phaselus or kidnevadministered as love potions, or for other purposes  bean.  It was chiefly used by the Egyptians,
of a similar nature.  Men whose minds were af-  and was of various sizes, from  a mere boat to a
fected by them were said eap/uaicmv'.  Wills made  vessel adapted for long voyages. (Virg. Geo'g. iv.
by a man under the influence of drugs (yrb cpap.aci- 289; Catull. 4; Martial, x. 30. 13; Cic. ad Alt.
rewv) were  void at Athens. (Demosth. c. Step/l. i. 13.)   Octavia sent ten triremes of this kind,
1 133.)                             [C. R. K.]    which she had obtained from Antony, to assist her
PHAROS or PHARUS (cpdpos), a light-house. brother Octavianus; and Appian (Bell. Civ. v. 95)
The most celebrated light-house of antiquity was  describes them as a kind of medium  between the
that situated at the entrance to the port of Alex-  ships of war and the common transport or merchant
andria.  It was built by Sostratus of Cnidos on an  vessels.  The phaselus was built for speed (Catull.
island, which bore the same name, by command of 1. c. p/lsselus ille —navium celerrimus), to which more
one of the Ptolemies, and at an expense of 800  attention seems to have been paid than to its
talents. (Plin. 1I. N. xxxvi. 12; Steph. Byz. s. v. strength; whence the epithet fi'agilis is given to,ldpos; Achill. Tat. v. 6.)  It was square, con- it by Horace. (Casrm. iii. 2. 27, 28.) These vesstructed of white stone, and with admirable art; sels were sometimes made of clay (fictilibussp7haselis,
exceedingly lofty, and in all respects of great Juv. xv. 127), to which the epithet of Horace may
dimensions. (Caesar, Bell. Civ. iii. 112.)  It con- perhaps also refer.
tained many stories (7roAvdpospov, Strabo, xvii. 1.    PHASIS ((pdomrs), was one of the various nle~ 6), which diminished in width from  below up-  thods by which public offenders at Athens might
wards. (Herodian, iv. 3.)  The upper stories had  be prosecuted; but the word is often used to dewindows looking seawards, and torches or fires  note any kind of information; as Pollux (viii. 47)
were kept burning  in them  by night in order to  says, KcOIVtzs cpdao'es  riao Tro 7raota,  ai yev,'ises
guide vessels into the harbour. (Val. Flacc. vii.  -,JV Xeaavo',rTcv,  &b8cKmdroy.  (See Aristoph. Eq.
84; see Bartoli, Lue. AA2t. iii. 12.)             300, and Aclsarin. 823, 826, where the word (pa'Pliny (1..) mentions the light-houses of Ostia  rad'dc is used ill the same sense as (pah, o.)  The
and Ravenna, and says that there were similar  word ouvtocspdTrlS is derived from the practice of
towers at many other places.  They are repre-  laying information against those who exported figs.
sented on the medals of Aparnea and other mari-  [SYCOPHANTES.]
time cities.  The name of Pharos was given to    Though it is certain that the cpdelis was distinthem in allusion to that at Alexandria, which was  guished from  other methods of prosecution (Dethe model for their construstion. (Herodian, 1. c.;  mosth. c. Asistoy. 793; Isocr.. C.;allia.  375, ed.




g96S              P~PIIASIS.                                          PHONTOS.
Steph.), we are not informed in what its peculiari- IpoPavlKoli oi'lov.  (See Biickh, Publ. Econ. of
ties consisted.  According  to  Pollux (I. c.), it  Atl/ees, p. 368, &c. 2d ed.; leier, Att. Proc.
might be brought against those who committed  pp. 247-252, 732; Platner, Pr-cc. und K1. vol.
offences against the mine laws, or the customs, or  ii. pp. 9-17.)                      [C. R. K.]
any other part of the revenue; against any persons    PHEIDI'TIA  (peFl'-rla).  [SYssITIA.]
who brought false accusations against others for    PHENACE ((pEveKc1).  [CoMA, p. 330, a.]
such offences; and against guardians who injured     PHERNE ((pepv).  [Dos.]
their wards.  The charge, as in the ypaedp, was    PHIALA.  [PATERA.]
made in writing (e''ypauuaTrEhP), with the name     PHONOS (cPv(os), losmicide, was either eKosof the prosecutor, and the proposed penalty (rumx7,ua) c0eos or &Koesoos, a distinction which corresponds in
affixed, and also the names of the IchA7rqpes.  The  some measure, but not exactly, with our musrder
samne author says, epalvovro  Be Trpbs rbo 6pXov'ra.  and mantcsslaussglrter; for the (pd'os  ecovoios might
Here we must either understand the word 6pXovTa  fall within the description of justifiable homicide,
to be used in a more general sense, as denoting  while (povoy & oos'os might be excusable homicide.
asny magistrate to whom a jurisdiction belonged, or  According to the different circumstances under
read with Schsfmann (de Conit. 178) Tobs 6pXOTras.  which the homicide was committed, the tribunal
For it is clear that the archon was not the only  to which the case was referred, and the modes of
person before whom  a  dUaoLS might be preferred.  proceeding at Athens, varied. All cases of murder
In cases where corn had been carried to a foreign  (with one exception, to be hereafter noticed) were
port, or money lent on a ship which did not bring  tried by the court of Areiopagus; other cases of
a. return cargo to Athens, and probably in all cases  homicide were (by the statutes of Draco) to be
of offence against the export and import laws, the  tried by the')Eeal.  All ipotital Be' as belonged
information was laid before the  srsLteAX1ral'oO  to the jurisdiction of the EpXwv 63aroebvs as 7?YEiEproplou.  (Demosth. c. Tl/eocr. 1323.)  WVhere  LbaS' 3imacor7prov. He was anciently the sole judge
public money had been embezzled, or illegally ap-  in cases of unintentional homicide; for such an act
propriated, for which a Axdots was maintainable,  was considered in a religious point of view, as
the iv*aKoL  were the presiding magistrates. (Isocr.  being a pollution of the city; and it became his
c. Callies. 372; Lys. de Pzbl. Peczsn. ]49, de  duty, as guardian of religion, to take care that the
Aristop/h. bosn. 154, ed. Steph.)  Offences relating  pollution (ayesr) was duly expiated.  Draco, howto the mines came before the thesmothetae. (Meier, ever, established the eqi4ral, first as a court of
Alt. Proc. p. 64.) Injuries done by guardians to their  appeal from the apxowv  3aoXevs;   anld soon after
wards or wards' estate, whether a public prosecu-  they began to perform  the office of  ictao-ral, he
tion or a civil action was resorted to, belonged to  being the. presiding magistrate. (Suidas, s. v'Hethe jurisdiction of the archon, whose duty it was to  IpovIa d8icaOTTlpDoo;  Pollux, viii. 90, 125.)  In
protect orphans. (Suidas. s. v.,drsT; Demosth. c.  discussing this subject we have to consider the
O.et. 865, c. Leer. 940, c. Nauzcsim. 991.)  All  various courts established at Athens for the trial of
apdoe:s  were r,71i1ro0   dys',es, according to Pollux  homicide, the different species of crime therein re(viii. 48), and he says  S'b'TLuilOeV    -lYiETO  TV'  spectively prosecuted, the manner of proceeding
a&ssouypIEoov, ei Ket a   Xos u 7rep aV', Cst'eEv. against the criminal, and the nature of the punishBy this we are to understand that the'Ti/sxa went  ment to which lhe was liable.  All these points
to the state, if the prosecution was one of a purely  are fully discussed by Matthiae in his treatise de
public nature, that is, where the offence imme- Judiciis Athene.  in the  Ml/iscellanea Ph/ilolo/icua,
diately affected the state; but where it was of a  vol. i., to which more particular references are
mixed nature, as where a private person was in-  given in this article.
jured, and the state only indirectly, in such case    Solon, who seems to have remodelled the court
compensation was awarded to the private person.  of Areiopagus, enacted that this court should try
This was the case in prosecutions against fraudulent  cases of murder and malicious wounding, besides
guardians.   On the samle ground, wherever the  arson and poisoning. (Demosth. c. A-Irstocr. 627.)
prosecutor had an interest in the cause, beyond  One would be deemed a murderer, who instigated
that which he might feel as the vindicator of public  another to commit the deed, provided the purpose
justice; as where he, or some third person on  were accomplished. (Demosth. c. Conoi. 1264,1265;
whose behalf he interposed, was the party directly  MIatth. p. 148.)  Besides the court of Areiopagus,
injured, and might reap advantage from the result; there were four other courts, of which the  p'veTas
-he was liable to the it7rcwfEAa, and also to the pay-  were judges; Sb EArl rlAAeha'y, ro erl AeAvicpTl, -b
ment of the 7rpvTave'a, just as he would be in a  ehrl IlpuTraVE'1l, and sb e' 4,peaTTo?.  (Harpocr. et
private action.  Probably this liability attached  Suiid. s. v.'Epe'rai.)   To the court Erl leaAAXa3T
upon informations for carrying.corn to a foreign  belonged casesof accidental homicide, manslanghter,
port, as the informer there got half the penalty if and attempts to commit murder (3ovuAevaels). Such
successful.  (Demosth. c. T/zeoc?. 1325.)  5Where  a case as that mentioned by Demosthenes (c. Necaer.
the  fpdo'-s was of a purely public nature, the pro-  1348) of an unlawful blow followed  by death,
secutor would be subject only to the payment of would be manslaughter.  It seems also that this
the 7reapdlsracs, and to the thousand drachms, if court had a concurrent jurisdiction with the Areiohe failed to obtain a fifth part of the votes, accord-  pagus in charges of murderous conspiracy, which
ing to the common practice in crinminal causes.  was carried into effect.  The law perhaps allowed
(Demosth. c. Iheocr. 1323.)  Whether in those of the prosecutor to waive the heavier charge, and
a nmixed nature hie was liable to these payments, proceed against the offender for the conspiracy
as well as to the 7rpvTravi'a and erw@CGea, is a  only. (Harpocr. s. v. BouXeo-ecws; Antiph. Te-rpax.
question which has been much discussed, but can-  126, ed. Steph.; Matt!l. p. 150.)  As to the supnot be settled.  We have no speech left us by the  posed origin of this court, see Harpocr. s. v.'Eerl
orators on the subject of a (tdos, but only mention  IlaXXaal; Pollux, viii. 118.  To the court &hrl
of a lost speech of Lysias -rpbs'sO qdo'lv o v-0o   AeAXlviyp were referred cases where the party con



PIIONYS.                                             PITONOS.                   897
feased the deed, but justified it; &is 75,s 05Xo0'?y   was, to prefer the charge before the king-archon.
uE'' KcTevai, e'VrvJos b  cp. p SepaKcesa.  Demo-  To such charge the term 6yrtoct1r'rre'Oal or 47re4sthenes calls it atyl'STa7oy  Kcal (pspcse'Taror  (c. flvat was peculiarly applied. (Pollux, viii. 33,118;
Aristocr. 644; Harpocr. s. v.'Esrl AeXpfl; Pol-  Harpocr. s. v.'EE7reosCaaTro; Antiph. xarroy. Ocapy.
lhx, viii. 119).  As to the origin of this court see  111, ed. Steph.)   The charge was delivered in
Matth. p. 152. In the -r s&rirl fpVTyavei the objects  writing; the prosecutor was said a&roypddeeOesa
of prosecution were  inanimate things, as wood,  8isv rpo'vOUv.  (Antiph. de Clior. 145, ed. Steph.)
stone, or iron, which had caused the death of a  The king-archon having received it, after first
man by falling on him. (Harpocr. s. v.'EAr Inpvra-  warning the Defendant a7reXeO9al TwV /cuverrpfov
resft; Pollux, viii. 120; Demosth. c. Aristocr. 645.)  tca~l Tvu  Xkeaou' voigyUEO' (Pollux, viii. C6, 90), proDraco enacted that the cause of death should be cast  ceeded in due form to the avaIcpltiS.  The main
out of the boundaries of the land (tirepopiCeE-Oal),  thing to be inquired into was the nature of the
in which ceremony the a&pXov Gaorxevhs was as-  offence, and the court to which the cognizance apsisted by the pu.AoGaefThEis. (Meier, AMt. Proc. p. pertained.   The evidence and other matters were
117; Suidas, s.v. NiKwv; Aesch. c. Ctesipl. 88, ed. to be prepared in the usual way. Three months
Steph.)   This was a relic of very rude times, and  were allowed for this preliminary inquiry, and
may be not inaptly compared with our custom  of there were three  special hearings, one in each.
giving deodands.  Matthiae (p. 154) thinks  there  month, called &aslucao'lai, or (according to Bekker's
was an ulterior object in the investigation, viz., that reading) 7rposllcaciae  (Antiph. de Chor. 146, ed.
by the production of the instrument by which  Steph.); after which, in the fourth month, the
death was inflicted, a clue might be found to the  king-archon eafi'ye T7,, 81Kc/V. (Matth. p. 160.) The
discovery of the real murderer, if any.  The court defendant was allowed to put in a 7rapaypap7, if
ev qpeaT-ro? was reserved fora  peculiar case; where  he contended that the charge ought to be tried in
a man, after going into exile for an unintentional  one of the minor courts. (Pollux, viii. 57.)
homicide, and before he had appeased the relations    All the (ovpinea 8LrcaTzpla were held in the open
of the deceased, was charged with having com-  air, in order that the judges might not be under
mitted murder.  He was brou0ht in a ship to a  the same roof with one suspected of impurity; nor
place in the harbour called e', (ppeaTToY, and there  the prosecutor with his adversary. (Antiph. defier.
pleaded his cause on board ship, while the judges  caed. 1 30, ed. Steph.)  The king-archon presided,
remained on land.  If he was convicted, he suf-  with his crown taken off. (Pollux, viii. 90.)  The
fered the punishment of murder; if acquitted, he  parties were bound by the most solemn oaths; the
suffered the remainder of his former punishment.  one swearing  that the charge was true, that he
The object of this contrivance was to avoid pollu-  bore such a relationship to the deceased, and that
tion (for the crime of the first act had not yet been  he would in conducting his case confine himself to
expiated), and at the same time to bring the second  the question  at issue; the  other declaring  the
offence to trial. (Demnosth. c. Aristoer. 646; Har-  charge to be false.  (Antiph. de Her. coed. 130,
peer. s. v.'EI, (Ppear'o?; Pollux, viii. 120; Matth.  140, do Clsor'. 143, ed. Steplh.; Demosth. c. EuveLq.
p. 155.)                                            1161;. Matth. p. 163.)   The witnesses on both
To one or other of these courts all 0ovacal &tcat sides were sworn in like manner (Antiph. de HIer.
were sent for trial; and it was the business of the  caed. 130, 131, ed. Steph.;:Meier, Att. Proc.
6pXsw Ja~l/oeis to decide which. The task of pro-  p. 675); and slaves were allowed to appear as
secution devolved upon the nearest relatives of tle  witnesses.  (IMeier, A#t, Proc. p. 667.)  Either
deceased; and in case of a slave, upon the master. party was at liberty to make two speeches, the
To neglect to prosecute, without good cause, was  prosecutor beginning, as may be seen from  the
deemed an offence against religion, that is, in any  -reppaAoyfa of Antiphon; but both were obliged to
relation not further removed than a first cousin's  confine themselves to the point at issue. (Lys.c.
son (&ae/'ia68os).  Within that degree the law en- S'imon. 100; Antiph. de Clor. 143, ed. Steph.)
joined the relations to prosecute, under penalty of an  Advocates (rvvYiyopot) were not admitted to speak
aoeGetas  ypeap, if they failed to do so. (Demosth. for the parties anciently, but in later times they
c. Ansdrot. 593, c. lIccart. 1069, c. Esterg. et were. (Matth. p. 164.) Two days were occupied in,Aines. 1160, 1161; Antiph. de Her. coed. 135, ed.  the trial.  After the first day the defendant, if
Steph.)  They might, however (without incurrTing  fearful of the result, was at liberty to fly the counany censure), forbear to prosecute, where the mur-  try, except in the case of parricide.  Such flight
dered man had forgiven the murderer before he  could not be prevented by the adversary, but the
died (Demosth. c. Pantoen. 983); or, in cases of property of tlie exile was confiscated. (Pollux, viii.
ilvoluntary homicide, where the offender gave the  117; Demosth. c. Aristbcr. 634, 643; Matth. p. 167.)
satisfaction which the law required; unless the de-  On the third day the judges proceeded to give their
ceased had given a special injunction to avenge  votes; for which two boxes or urns were provided
him.  (Lysias, c. Agor. I33, 138, ed. Steph.; (d6paet or &,(popeTs), one of brass, the other of
Matth. p. 170.)                                     wood; the former for the condemning ballots, the
The first step taken by the prosecutor was, to  latter for those of acquittal.  An equal number of
give notice to the accused to keep away from all  votes was an acquittal; a point first established
public places and sacrifices. This was called?rpStp-  (according to the old tradition) upon the trial of
rYIpLOs, and was given  at the funeral of the de-  Orestes. (Aeschyl. Ezumien. 753; Matth. p. 165.)
ceased. (Antiph. dce ier. cued. 130, 139, de hor'.    As the defence might consist either in a simple
141, ed. Steph.; Demnosth. c. Leptin. 505, c. A sistocr.  denial of the killing, or of the intention to kill, or
632, c. Euery. 1160.) After this, he gave a pub-  in a justification of the act, it is necessary to inlic notice in the market-place, warning the accused  quire what circumstances anlounted to a legal justito appear and answer to the charge: here he was  fication or excuse.  Wbe learn from  Demosthenes
aid mrpotesrev or 7rpoa'yopeel'v pdvov. (Den;ostll. c.  (c. Aristocr. 637) that it was excusable to kill anUaloaart. 1068, c. Neoc.  1348.)  The next thing  other unintentionally in a gymnastic combat, or
3 at1




898               PONOS.                                P-ITHORA TON ELEUTIIERON.
to kill a friend in battle or ambuscade, mistaking  Pollux, viii. 50; Harpocr. and Suidas, s. v.'Avpo.
him for an enemy; that it was justifiable to slay  A'winov.)
an adulterer if caught in ipSO delicto, or a paramour  Those who were convicted  of unintentional
caught in the same way with a sister or daugh-  homicide, not perfectly excusable, were condemned
ter, or even with a concubine, if her children would  to leave the country for a year. They were obliged
be free. (As to an adulterer, see Lys. de Eratosth. to go out (EiipEXEr0a) by a certain time, and by
caed. 94, ed. Steph.)  It was lawful to kill a rob-  a certain  route (-ac'8, r adv), and to expiate
her at the time when he made his attack (ebdfs  their offence by certain rites. Their term of absence
do.nsd/ueoo,) but not after.  (Demosth. c. Aristocr.  was called arEYzaVTr/y.ds.  It was their duty also
629.) By a special decree of the people, made after  to appease (aisEoai) the relations of the deceased,
the expulsion of the thirty tyrants, it was lawful to  or if he had none within  a certain degree, the
kill any man who attempted to establish a tyranny, members of his clan, either by presents or by
or put down the democracy, or committed treason  humble entreaty and submission.  If the convict
against the state. (Lycurg. c. Leocr. 165; Andoc. could prevail on them, he might even return before
de tVryst. 13, ed. Steph.)  A  physician was ex- the year had expired. The word aidseieOsa is used
cused who caused the death of a patient by mis- not only of the criminal humbling himself to the
take or professional ignorance.  (Antiph. rerpaX. relations, but also of their forgivinghim. (Harpocr.
127, ed. Steph.)  This distinction, however, must s. v.'Troqvra a; Demosth. c. Pantaen. 983, c. lanbe observed.  Justifiable homicide left the perpe- cart. 1069, c. Aristocr. 643; Matth. p. 170.)  The
trator entirely free from pollution (cKaOapdv).  That property of such a criminal was not forfeited, and
which, though unintentional, was not perfectly  it was unlawful to do any injury to him either on
free from  blame, required to be expiated.  See  his leaving the country or during his absence.
the remarks of Antiphon in the Te'rpaoTyfa, B. (Demosth. c. Aristocr. 634.)
123.                                                 Such was the constitution of the courts, and the
It remains to speak of the punishment.          state of the law, as established by  Solon, and
The courts were not invested with a cliscre- mostly indeed by Draco; for Solon retained most:ionary power in awarding punishment; the law  of Draco's qov'nol Ydlosi. (Demosth. c. Energ. 11 61,
determined this according to the nature of the  c.Aristocr. 636.)  But it appears that the jurisdiccrime. (Demosth. c. NAeaesr. 1372.) Wilful murder tion of the E'frae in later times, if not soon after
was punished with death. (Antiph. de Her. acted. the legislation of Solon, was greatly abridged;
130, ed. Steph.; Demosth. c. 1r/id. 528.)  It was  and that most of the #sovtcKa Bicat were tried by a
the duty of the Thesmothetae to see that the sen- common jury.  It is probable that the people pretence was executed, and of the Eleven to execute  ferred the ordinary method of trial, to which they
it.  (Demosth. c. Aristocr. 630; Meier, Alt. Proc. were accustomed in other causes, criminal as well
p. 74; Schumann, Aszt. Jur. Publ. Gr. p. 246.) We  as civil, to the more aristocratical constitution of the
have seen that the criminal might avoid it by fly- court of &pE'ra.  Their jurisdiction isn the courts
ing before the sentence was passed.  Malicious  El' (pearTo? and E'rl  lpvsTave'i, was, no doubt,
wounding was punished with banishment and con- still retained; and there seem to have been other
fiscation of goods.  (Lys. c. Simnon. 100; Matth. peculiar cases reserved for their cognizance.  (Polp. 148.) So were attempts to murder (30ovXeSoe1s).  lux, viii. 125; Matth. p. 158; Schblmann, Ant.
But where the design was followed by the death  Juz. Pub. p. 296.)  Whether the powers of the
of him  whose life was plotted against, and the  Areiopagus, as a criminal comet, were curtailed by
crime was treated as a murder, it might be punished  the proceedings of Pericles and Ephialtes, or only
with death, at least if it was tried in the Areio- their administrative and censorial authority as a
pagus; for it is doubtful whether the minor courts  council, is a question which has been much dis(except that Ev Cpearo?) had the power of inflicting  cussed.   The strong  language of Demosthenes
capital punishment. (Matth. p. 150; Schtimann, (c. Aristocr. 641) inclines one to the latter opinion.
Ant. Jor. Publ. Gr.p.294; Meier, Alt. Proc. p. 313.)  See also Dinarchus (c. Aristog. init.), from which
If the criminal who was banished, or who avoided  it appears there was no appeal from  the decision
his sentence by voluntary exile, returned to the  of that court.  (Matth. 166; Platner, Proc. z.mnd
country, an Es&aetris might forthwith be laid against Klag. vol. i. p. 27; Schnimann, Ant. Juor. Pub. p. 301
him, or he might be arrested and taken before the  Thirlwall, Gr. Ilist. vol. iii. c. 17. p. 24.)
Thesmothetae, or even slain on the spot. (Suidas,    No extraordinary punishment was imposed by
s. v.:EvY&eitms; Matth. p. 168.) The proceeding by  the Athenian legislator on parricide.  Suicide was
iraywyo-y  (arrest) might perhaps be taken against not considered a crime in point of law, though it
a murderer in the first instance, if the murder was  seems to have been deemed an offence against reattended with robbery, in which case the prosecu- ligion; for by the custom of the country the hand
tor was liable to the penalty of a thousand drachms  of the suicide was buried apart from  his body.
if he failed to get a fifth of the votes. (Demosth. c.  (Aesch. c. Ctes. 88, ed. Steph.)  [C. R. K.]
Aristocr. 647; Meier, Att. Proc. p. 231.)  But no    PHORBEIA (peopesia).  [CAPISTRUN.]
murderer, even after conviction, could lawfully be    PHORMINX  ((pJpuy1y).  [LYRA.]
killed, or even arrested, in a foreign country.    PHOROS (dpopos), literally tf/at swic/z is brounght
(Demosth. c. Aristocr. 631, 632.)  The humanity  in, was specially used to signify the tribute paid by
of the Greeks forbade such a practice.   It was a  the Attic states to Athens, which is spoken of under
principle of international law, that the exile had a  TELOs.
safe asylum in a foreign land. If an Athenian was    PHRA'TRIA. [CIVITAS, pp. 289, 290; TRIBUS
killed by a foreigner abroad, the only method by  (GaaEEs).]
which his relations could obtain redress, was to    PHRY'GIO.  [PALLIUIM, p. 851, a.]
seize natives of the murderer's country (not nmore    PHTHORA  TON  ELEUTHERON  (p0opc
than three), and keep them until the murderer was  r9^ E'AEvOiEpcov), was one of the offences that might
given utip fr judgment. (Demosthc. c. Aristocr. 647; be criminally prosecuted at Athens.  The word




PIIYLOBASILEIS.                                            PICTURA.                     899
cpOopdrnay signify anlly sort of corruption, bodilv or  tant or merely formal matters.  They  presided,
mental;  but the expression r0. r. s. comprehends,  we are told (Poll. viii. 120), over the court of the
if it is not limited to, a crime too common among  Ephetae, held at the Prytaneium, in the mock
t he Greeks, as appears from a law  cited by Aes-  trials over instruments of homicide (at rv'v &aSxrv
chines (c. Tizmarcl.'2, ed. Steph.).  On this subject  blcas), and it was part of their duty to remove
see PROAGOGEIASGRAPIIE, and Schbmannu, Ant.  these  instruments  beyond  the  limits of their
Jut. Pub. Gr. pp. 335, 338.           [C. R. K.]    country (vb  4eyreobv &4uXov s   rEpopsieal).  We
PHYGE (fvy?5).  [ExSILIUa.]                       may reasonably conclude that this jurisdiction was
PHYLARCHI (cPa XapXoz), generally the pre-  a relic of more important functions, such as those
fects of the tribes in any state, as at Epidamnus,  described by Plutarch  (Solon, 19), from  which,
where the government was formerly vested in the  and their connection with the Prytaneium, it has
m5vAapxot, but afterwards in a senate. (Arist. Polit.  been conjectured that they were identical with the
v. 1.) At Athens the officers so called were (after  old Prytanes.  (Miiller, Eunmen. ~ 67.)  Plutarch
the age of Cleisthenes) ten in number, one for each  (I. c.) speaks of them  both as $aAeXsir and 7rpvof the tribes, and were specially charged with the  ravess.  In a +iqts/ea, quoted by Andocides (de
command  and  superintendence  of the cavalry.  Mlyst. p. 11), the title of PateXsZs seems to be ap(Harpocr. s. v.; Pollux, viii. 94.) There can be but  plied to them.                           [R. W.]
little doubt, that each of the Phylarchs commanded       PHYLON  (~,sovm).  [TRinus.]
the cavalry of his own tribe, and they were them-    PICTU/RA (ypoaqb, ypacpti, (wypaqt[a), paintselves collectively and individually under the con-  ing.  I. The art of imitating the appearances of
trol of the two Hipparchs, just as the Taxiarchs  bodies upon an even surface, by means of light
were subject to the two Strategi.  According to  and shade or colour, was an art most extensively
Pollux (viii. 94), they were elected one from each  cultivated by the ancients, but especially by the
tribe by the Archons collectively; but his authority  Greeks, amongst whom it was certainly carried to
can hardly be considered as conclusive on this point.  the highest degree of technical development.
Herodotus (v. 19) informs us that when Cleisthenes       II. Aztlhorities. The principal original sources
increased the number of the tribes frpm four to ten,  of information upon the history of ancient art, are
he also mnade ten Phylarchs instead of four.  It has  Pausanias, the elder Pliny, and Quintilian; the
been thought, however (Titmann, Stactsv. pp. 274,  writings also of Cicero, Lucian, Aelian, Aristotle,
275), that the  historian  should have said  telln  Athenaeus, Plutarch, the elder and younger PhiPhylarchs in the place of the old (pvAoeaoeXEsr, lostratus, contain many hints and maxims invawrho were four in number, one for each of the old  luable to the historian of art.  The best modern
tribes.  (See WVachsrmuth, Hellen. Alterthuzl sk.  works on the subject are: Junius, De Pictzura
vol. i. pp. 425, 543, vol. ii. p. 326, 2d ed.) [R.W.]   Tetesrunz and  Catotogyus Artsificmeu, Roter. 1694,
PHYLOBASILEIS    (uvXeoCamrtrXe?).   The  folio, which contain almost all the passages in
origin and duties of the Athenian magistrates, so  ancient authors relating to the arts; but the Catacalled, are involved inl lunch obscurity, and the  logue is the nore valuable portion of the work 
little knowledge we possess on the subject is de-  Sillig, Catallogls Artificumn, Dresden 1827, 8vo.,
rived almost entirely from the grammarians.  In  an indispensable supplement to the Catalogue of
the earliest times they were four in number, Yec  Junius; this excellent work, written equally for
presenting each one of the four tribes, and probably  the scholar and the artist, has been translated into
elected  (but not for life) from  and  by  them.  English under the title  of a Dictionary of the
(Hesych. s.v.)  They were nominated from  the  Artists of Antiquity, 1837; a further suppleEupatridae, and during the continuance of royalty  ment to Sillig,. of great importance, is the work of
at Athens, these" kings of the tribes " were the  MI. Raoul-Rochette, Lettrle a Ml. Scscorn, Suppleconstant assessors of the sovereign, and rather as  mnent aei  Catalogue  des Astistes  dle l'Antiquitf
his colleagues than counsellors.  (Thirlwall, flist.  Grecque et Rontaune, Paris 184;5  Miiller, fHaodof Greece, vol. ii. p. 11.)  From an. expression in  bucds der Arcchioloyie der Kuzcst, Breslau  1848, 8vo.,
one of the laws of Solon (Plut. Solon, 1 9), it ap-  3rd ed. by Welcker,  a most useful work, but
pears that before his time the kings of the tribes  written more for the antiquary than the artist;
exercised a crinlinal jurisdiction in cases of murder  the 2nd edition has recently been translated by
or high treason; in which respect, and as con-  Mr. Leitch; Bdttiger, Ideen zur Arcliioloyie der
nected with the four tribes of the city, they may  Malllerei, Dresden 1811, 8vo., first part, from the
be compared with the " duumviri perduellionis "at  earliest times until Polygnotus and his contemRome, who appeared to have represented the two  poraries, inclusive; Durand, flisoire de la Peiszancient tribes of the Ramnes and Tities.  (Nie-  ture Ancicnne, London 1725, folio, a translation of
bubr, Iist. of Romze, vol. i. p. 304.)  They were  book xxxv. of Pliny, with copious notes; Carlo
also intrusted (but perhaps in later times) with  Dati, Vite dei Pittori Antichi, Florence 1667,
the performance of certain religious rites, and as  4to., the lives of Zeuxis, Parrhasius, Apelles, and
they sat in the $3atoIXEov  (Poll. viii. Ill), they  Protogenes; Thiersch, Ueber die Elochens der bilprobably acted as assessors of the ipXymv 3a'GeeNss,   denden Keunst unter ded  G-riec7en, Miinchen 1829,
or'" Rex sacrificulus," as they had formerly done  8vo., 2nd ed.; Raoul-Rochette, Recherches sur
of the king.  Though they were originally con-  l'Emp7loi de              Peinture, &c., Paris 1836, 4to.;
nected with the four ancient tribes, still they were  John, Mlkalerei der Alten, Berlin 1836, 8vo.; Lenot abolished by Cleisthenes when he increased  tronne, Lettres d'un  Antiquaire  a  eun  Artiste,
the number of tribes and otherwise altered the  Paris 1840, 8vo.  Nagler, Nezes alUemieinses Tiinstconstitution of Athens; probably because their
duties were mainly  of  a  religious  character.         " An important error, however, among many
(Wiachsmuth, HIellen. Altertlzunmsk. vol. ii. p. 426,  others, in this translation, demands notice; the
2d ed.)  They appear to have existed even after  term enamel is throughout erroneously used in the
his time, and acted as judges, but in uninmpor-  place of ncacefstic.




.900               PICT URA.                                          PICTUIRA.
ler-Lexicon, Miinchen, 17 vols. 8vo, not yet coin-  images, is the common notion of the origin of paintL
pleted; and the lectures of Fuseli upon ancient ing; but simple colouring, and pacintinzg, strictly
painting, and of Flaxman upon sculpture.  Other  speaking, are quite distinct; the distinction beworks have been written upon general and par-  tween " to colour," Xpcgesr, coloremn inducere, and
ticular subjects bearing more or less upon painting,  " to paint," Ceeypagesv, piLnere, delineate. (Pollux,
such as those of Heyne, Meyer, Hirt, Hermann,  vii. 126.)  The colouring of the early- wooden
Kugler, Vilkel, Jacobs, Creuzer, Grund, Caylus,  images, the ancient (daia, or the epPaTi, the 7raALevesque, Millin, D'Hancarville, Quatrenetre de  hdduea, and the 3aabaAa, must certainly have preQuincy, Inghirami, Visconti, Millingen, and others, ceded any important essays in painting, or the
too numerous to mention here.  Of the celebrated  representation of forms upon an even surface by
work of WVinckelmann, Gesclieicte der K~unst des  means of colour and light and shade combined.
Alterthnuns, only a very small portion is devoted  But this is no stage in the art of painting, and
to painting.                                       these figures were most probably coloured by the
III. Paintinzg in its earliest slate.  The legends  artists who made them, by the old orXrdrraa  or
relating  to the  origin of painting  in'Greece,  Eip/uoz-yxaep, themselves; the existence, however,
though they may have no real historical value, are  of the art of design is established by the existence
at least interesting to the lovers of art.  One  of the plastic art.
legend, which is recorded by Pliny (H. N. xxxv.    WVe will now as briefly as -possible consider the
12. s. 43) and is adverted to by Athenagorns  gradual development of painting, and the informa(Leyat. pro Chbrist. 14. p. 59, ed. Dechair), relates  tion relating to its progressive steps, preserved in
the origin of the delineation of a shadow (oitla,  ancient writers.  The simplest form of design or
as'laTypcap7,  Pollux, vii. 128), which is the essen- drawing (ypawpun) is the outline of a shadow, withtial principle of design, the basis of the imitative  out any intermediate markiings, or the.shape of a
and plastic arts.  The legend runs as follows: -   shadow itself (a silhlouette), in black, white, or in
The daughter of a certain Dibutades, a potter of colour (umbnLra  ominis lineis circunzducta);  this
Sicyon, at Corinth, struck with the shadow of her kind of drawing was termed  azcaypa~na. But this
lover who was about to leave her, cast by her  simple figure or shade, ncida (c'thaeypad.a),  wlens
lamp upon the wall, drew its outline (unbsramz ex  in colour was also essentially a monochromn (uoveof/acie lineis circumseripsit) with such force and  xp ytarov).  The next step was the outline, the
fidelity, that her father cut away the plaster  "pictura linearis," the monogram (yovdypae.tov,);
within the outline, and took an impression from  this is said to have been invented by Philocles of
the wall in clay, which he baked with the rest of Egypt or Cleanthes of Corinth, but first developed
his pottCry.  (Diet. of Biog. s. v.)  There seem to  in practice by Ardices of Corinth and Telephanes
be, however, other claimants to the honour of of Sicyon: it was the complete outline with the
having invented skiagraphy (oera'ypapfa).  Athe-  inner markings, still without colour; such as we
nagoras (1. e.) mentions Saurias of Sanmos, who  find upon the ancient vases, or such as the celetraced his horse's shadow  in the sun with the  brated designs of Flaxman, which are perfect
point of his spear, and Crato of Sicyon, whomllhe   monograms.  These outlines were most probably
styles the inventor of drawing or outline ('ypa(pocl),  originlally practised upon a white ground (e'v wrivars
for he was the first to practise the art upon tablets  A.eAoevCWEi'T), for Pliny remarks that they were
with prepared grounds (&i o7rivartL XeAevscwAueVo).  first coloured by Cleophantus of Corinth, who used
Pliny (H. N. vii..57) mentions upon the testimony  " testa trita," by which we should perhaps underof Aristotle, that Eucheir (EdXELP), a relation of  stand that he was the first to draw them upon a
Daedalus, invented painting in Greece. (Diet. of' coloured or red ground, such as that of the vases.
Biog. s.v.) Although Pliny's account (H. N. xxxv.  (Plin. H. NV. xxxv. 5.)
5) of the origin and progress of painting in Greece    The next step is the more perfect form  of the
is somewhat circumstantial, his information can still  monochrom, alluded to above; in this, light and
not be considered as authentic matter of history; shade were introduced, and in its most perfect state
and the existence of several of the most ancient it was, in everything that is essential, a perfect
artists, mentioned by: Pliny and many Greek wri-  picture.  These " monochromata " were practised
ters, is very questionable.  Besides those already  in all times, and by the greatest masters.  Pliny,
spoken of, we find mention made of Philocles of speaking of Zeuxis (H. N. xxxv. 36), says, " pinxit
Egypt; Cleanthes, Ardices, and Cleophantus, of et monochromata ex albo;" exe albo, that is, in
Corinth; Telephanes of Sicyon, Eugrammus, and  gray and gray, similar to the clhirisncui of the
others.  (Upon the meanings of some of these  Italians.  They are described by Quintilian (xi. 3.
names see Bd13ttiger, Ideen zur Arc.hiologie, p. 138, ~ 46), " qui singulis pinxerunt coloribus, alia tauzen
and Thiersch, Epoch. &c., note 22, and Diet. of enminentiora, alia reductiora fecerunt."  They were
Biog. art. Cheirisophmls.)                         painted also red in red.  Pliny (H. AI xxxiii. 39)
Sculptume is generally supposed to be a more  tells us that the old masters painted them  in verancient art than painting; but this arises from an  milion, " Cinnabari veteres, quae etiam1  nune vocant
imperfect comprehension of the nature of the two  monoclhronsata, pingebant," and also in red lead,
arts, which are one in origin, end, and principle,  but that afterwards the rubrica or red ochre was
and differ only in their development.  Design is  substituted for these colours, being of a more dethe basis of both, colour is essential to neither, nor  licate and more agreeable tint.
can it be said to belong'more particularly to the   Hygiemon, Dinias, and Charmadas. are ms-lenlatter (-yapasssi) than to the former (rAnar'T i).  tioned by Pliny (H. N. xxxv. 34) as having been
Coloured works in plastic, in imitation of nature,  famous ancient monochromists;  their age is not
were in ancient times as common, and probably  known, but they most probably practised the
more so, than coloured designs: the majority of the  simpler form, such as we find upon the most ancient
illustrations upon the vases are colourless.  The  vases.  Four monochroms in the latter style, red
staining of the human body, or the colouring of in red, were discovered in Herculaneums.  (A




PICTURA.                                           PICTURA.                   901
aslticitd  d'Ercolano, vol. i. plates 1, 2, 3, 4.)  imitative art, nor is there mention of any artist,
They are paintings of a late date and are of con- similar to Itephaestus, who might represent the
siderable merit ill every respect, but the colours  class of painters.  This is the more remarkable,
have been nearly destroyed by the heat, and the  since Homer speaks of rich and elaborate empictures are in some places defaced; they  are  broidery as a thing not uncommon; it is sufficient
painted upon marble.  They were probably all to mention the splendid Diplax of HIelen (II1. iii.
executed by the same artist, Alexander of Athens.  126), in which were worked many battles of the
AAEAANAPO: AOHNAIO: EIPAEN, is an in-  Greeks and Trojans fought on her account.  This
scription upon one of them (pl. 1), which represents  embroidery is actual painting in principle, and is
five females, with their names attached&, two of a species of painting in practice, and it was consiwhom are playing at the ancient game of the tali dered such by the Romans, who. termed it " pictura
(aT'paTa-aoc;4s).  These tablets are in the col- textilis" (Cic. VJerr. ii. 4. 1'), " textili stragulo,
lection of ancient paintings of the Museo-Borbonico  magnificis operibus picto" (Id. Tusc. v. 21); that
at Naples, Nos. 408, 409, 410, 411.                is, painted with the needle, embroidered, acu picto.
The next and last essential step towards the  (Ovid. M-et. vi. 23; Virg. A1en. ix. 582.)  The
full development or establishment of the art of various -allusions also to other arts, similar in
painting (cowypapia) was the proper application of nature to painting, are sufficient to prove that paintlocal colours in accordance with nature.  This is, ing must have existed in some degree in Homer's
however, quite a distinct process from the simple  time, although the only kind of painting he notices
application of a variety of colours before light and  is the "red-cheeked" and " purple-cheeked ships"
shade were properly understood, although each ob- ('es r  Aroo7rdppol, 11. ii. 637; e'as rpouuKosrap!pject may have had its own absolute colour.  The  ours, Od. xi. 123), and an ivory ornament for the
local colour of an object is the colour or appearance  faces of horses, which a Maeonian or Carian woit assumes in a particular light or position, which  man colours with purple.  (il. iv. 141.)  The decolour depends upon, andchanges with,the light and  scription of the shield of Achilles, worked by
the surrounding objects; this was not thoroughly  Hephaestus in various-coloured metals, satisfacunderstood until a very late period, but there will torily establishes the fact that the plastic art must
be occasion to speak of this hereafter.  Probably  have attained a considerable degree of development
Eumarus of Athens, and certainly  Cimon * of in the time of Homer, and therefore determines also
Cleonae, belonged to the class of ancient tetra- the existence of the art of design. (Ars delineanidi;
chromists or polychromists, for painting in a variety  ypa&c*pa.)
of colours, without a due or at least a partial obh.-   Painting seems to have made considerable proservance of the laws of light and shade, is simply  gress in Asia, Minor, while it was still in its infancy
polychromy; and a picture of this latter descrip-  in Greece, for Candaules, king of Lydia (B. c. 716),
tion is a much more simple effort than the rudest is said-to have purchased at a high price a painltforms of the monochrom in chiaroscuro. There are  ing of Bularchus, which represented a battle of
a few examples of this kind of polychrom upon the  the Magnetes. (Plin. H. N. xxxv. 34.)  It would
most ancient vases.  In the works of Eumarus of appear from the expression of Pliny (HI. V. vii. 39)
Athens, however, there must have been some at- that Candaules paid the painter as much gold coin
tention to light and shade, and in those of Cimon  as would cover the picture.  It must be confessed
of Cleonae still more.                             that the tradition is very doubtful (see Diet. of
IV. FPainting in Asia Minor and in Megnan  Biog. art. Bularchus); but this painting of Bularchus
Graecia.  It is singular that the poems of Homer is not an isolated fact in evidence of the early
do not contain any mention of painting as an  cultivation of painting in Asia; there is a remarlcable passage in Ezekiel, who prophesied about
* These two names are generally  connected  600 B. c., relating to pictures of the Assyrians
with each other, but Eumarus must have preceded  (xxiii. 14, 15): "MA:n pourtrayed upon the wall,
Cimlon some time.  He was the first, according to  the images of the Cibaldeans pozrstrcayed ewith verPliny (H. N. xxxv. 34), who distinguished the  ivflion, girded with girdles upon their loins, exmale from the female in painting: " qui primus in  ceeding in dyed attise upon their heads, all of them
pictura marem feminamque discreverit,... figlras  princes to look to, after the manner of the Babyloomnes imitari ausum."   The most obvious dis- nians of Chaldea, the land of their nativity."
tinction which here suggests itself can scarcely be    The old Ionic or Asiatic painting, the "genus
alluded to by Pliny, or Eumnarus must belong to a  picturae Asiaticum," as Pliny (HI. N. xxxv. 10.
very early period, for we find that distinction very  s. 36) terms it, most probably flourished at the
decidedly given on even the most ancient vases, same time with the Ionian architecture, and conwhenever the figure is naked.   That Eumarus  tinned as an independent school until the sixth
dared or ventured to imitate all figures, may imply  century B. c., when the Ionians lost their liberty,
that he made every distinction between the male  and with their liberty their art.  Herodotus (i.
and the female, giving also to each sex a character-  164) mentions that when Harpagus besieged the
istic style of design, and even in the compositions, town of Phocaea (B. c. 544), the inhabitants coldraperies, attitudes, and complexions of his figures, lected all their valuables, their statues and votive
clearly illustrating the dispositions and attributes  offerings from  the temples, leaving  only their
of each, exhibiting a robust and vigorous form in  paintizgs, and such works in metal or of stone as
the males, and making the females slighter and  could not easily be removed, and fled with them
more delicate.  These qualities are all perfectly  to the island of Chios; from which we may concompatible with the imperfect state of the art of elude that paintings were not only valued by the
even so early a period, and they may also be very  Phocaeans, but also common among them.  Heevident, notwithstanding ill-arranged composition, rodotus (iv. 88) also informs us that Mandrocles of
defective design, crude colour, and a hard and  Samos, who constructed for Dareius Hystaspis the
tasteless execution.                               bridge of boats across the Bosporus (B. C. 5t080
3 mi 3




902                PICTURA.                                           PICT URA.
had a picture painted, representing the passage of cated the veins, and gave natural folds to drapery.
Dareius's armly, and the king seated on a throne  (Plin. H. N. xxxv. 34.) The term " catagrapha,"
reviewing the troops as they passed, which he de-  which Pliny uses, evidently signifies any oblique
dicated in the temple of Hera at Samos.            view of the figure or countenance whatever, whether
After the conquest of lonia, Samos became the  in profile or otherwise; in technical language,fbreseat of the arts. (Herod. iii. 60.)  The Heraeum  skhorteoings.
at Samos, in which the picture of Mandrocles was'We learn from Aelian ( V. TI. viii. 8) that Cimon
placed, was a general depository for works of art, was much better paid for his works than any of his
and in the time of Strabo appears to have been  predecessors. This alone implies a great superiority
particularly rich in paintings, for he terms it a  in his works.  He appears to have emancipated
picture-gallery "  (rnlatKoceoOll,   xiv. p. 637). painting from  its archaic rigidity; and his works
Consecrated or votive pictures on panels or tablets  probably occupied a middle place between the
(rivaKceEs aYaKCelUo/lEV, or ypapal avaceitzEvaL) con- productions of the earlier school and those of Polystituted a considerable portion of the cu'aaOtlara  gnotus of Thasos.
or votive offerings in the temples of Greece, most    At the time of Polygnotus (n. c. 460), partly on
of which in a later period had a distinct building  account of the changes which took place in the
or gallery (o'lmwua) attached to them  disposed for  Greek character subsequent to the Persian invasion,
the reception of pictures and works of this class.  and partly in consequence of his ownI great works
(Paus. i. 22. ~ 4, x. 25. ~ 1i 2; Ath. xiii. p. 606, b.; in Athens and at Delphi, painting attracted the
Strab. ix. p. 396.)                                attention of all Greece; but previous to this time,
After the decline of the Ionian art, painting  the only cities that had paid any considerable atflourished amongst the Greeks in Italy and Sicily, tention to it, were Aegina, Sicyon, Corinth, and
and especially in Crotona, Sybaris, and Tarentum. Athens. Sicyon and Corinthhad long been famnous
Aristotle (de  Vlfirab. A escult. c. 99) speaks of a  for their paintings upon vases and upon articles of
magnificent cloth or pallium  (cyastorv) of Alcis-  furniture; the school of Athens was of much later
thenes of Sybaris, which measured 15 cubits, was  date than the others, and had attained no celebrity
of the richest purple, and in it were worked the  whatever, until the arrival of Polygllotaus from
representations of cities, of gods, and of men.  It Thasos raised  it to that pre-eminence  vwhich,
came afterwards into the possession of the tyrant  through various  circumstances, it continued  to
Dionysius the elder, who sold it to the Carthagi-  maintain for more than two centuries, although
nians for 120 talents.  This is sufficient evidence  very few of the great painters of Greece were naof the existence of painting among the Italiots, tives of Athens.
and even of painting of a high degree.               It has been attempted hitherto, as far as our
Pliny would induce us to believe that painting  space would admit of, to trace the progressive steps
was established throughout Italy as early as the  of Grecian painting from  its inftancy, until it attime of Tarquinius Priscus (H. N. xxxv. 6).  Ile  tained that degree of development requisite to enmentions solne most ancient paintings at Caere; title it to the name of an independent art; but
and a naked group of Helen and Atalanta, of before entering upon the consideration of the paintbeautiful forms, painted upon the wall of a temple  ing of the Greeks in its complete development, it
at Lanuvium, and some paintings by the same  will be wellto examine both their technic systems
artist in the temple of Juno at Ardea, accompanied  and their mechanical means.
-with an inscription in ancient Latin characters,    VI. TeeCzliC. -  Vehicles, Materials,  r&c. (cpdprecording the name of the artist and the gratitude  /aKa,   eSal, &c., Pollux, vii. 128).  The Greeks
of Arden. (11. N. xxxv. 6, 37.)                    painted wvith wax, resins, and in water colours, to
V. Paiztinz/  in Greece.  Cimon of Cleonae is which they gave a proper consistency, according to
the first important personage we meet with in the  the material upon which they painted, with gumit
history of painting in Greece.  His exact period  (geun2zmi), glue (glttinzlom), and the white of egg
is very uncertain, but lie was probably a contem-  ((ovi a/lznenz); gum  and glue were the most comporary of Solon, and lived at least a century before  mon.  It does not appear that they ever painted
Polygnotus.  It is not at all necessary, as Pliny  in oil; the only mention of oil in ancient writers
supposes, that he must have preceded Bularchus, in connection with painting, is the small quantity
which would place him very much earlier; as he  which entered into the composition of encaustic varmay easily have acquired the art in one of the  nish, to temper it. (Vitruvius, vii. 9; Plin. I-I. T.
Ionian cities, for in the time of Solon there was a  xxxiii. 40.) They painted upon wood, clay, plaster,
very extensive intercourse between Greece and the  stone, parchment, and canvas; the last was, accordAsiatic colonies.   The superior quality of the  ing to one account (Plin. H. N.  xxxv. 33), not used
works of Cimon, to which Pliny and Aelian bear till the time of Nero; and though this statement
sufficient testimony, is a strong reason for assigning  appears to  be doubtful  (" depictam  in tebhula
him a later date; but his having been contem- sipuariove imaginem rei," (Quint. Inst. Or. vi. 1. ~
porary with Dionysius of Colophon, who imitated  32; see Raoul-Rochette, p. 331). the use of canthe works of Polyginotus, is quite out of the ques- vas must have been of late introduction, as there
tion.  This has been inferred from the occurrence  is no mention of it having been employed by the
of the name Cimon in connection writh that of Greek painters of the best periods. They generally
Dionysius in Simonides (AntLol. Pal. ix. 758, and  painted upon panels or tablets (7rivaces, 7rtmMciaK
in Append. ii. p. 648); but as MUiller (A.dvcisologie, tcabl/ae, ta)ellae), and very rarely upon walls;
~ 99. 1) has observed, Mloswvs ought to be there  and an easel simlilar to what is now  used, was
most probably substituted for Klg.te'.             common among the ancients, who called it oKpicias
Cimon improved upon the inventions of Eumarus; or icaxAvas.  (Pollux, vii. 129.)  Even in the
he was the first who made foreshortenings (card- time of Pliny, when wvall-painting was conmmion,
graphia), and drew the figure in a variety of atti-  those only  who painted  easel-pictures (tatllue)
tudes; he first made muscular articulations, indi-  were held in esteem: " sed nalla gloria artificumn est




PICTURA.                                           PICTURA.                   903
nis' eorum qui tabulas pinxere " (I. N. xxxv. 37); it from Persia. (Diose. iii. 99.)  Its substance has
that is, those who painted history or fable upon  been analyzed by M. Pelletier.  (See Merat, Diet,
panels, in what is termed the historic or great M1id. Scien.)
style, the zmegalograplaic  of Vitruvius (vii. 4, 5),    Mastich, a resin of the Pistacia Leiltiscus, now
and the XpqvrorYparpla of Plutarch.  (Aiar. 13.) much used by painters, is also mentioned by Greek
These panels, when finished, were fixed into frames and Roman writers (Plin. H. N. xii. 36, xxiv. 28;
of various descriptions and materials (Plin. H. V. Diosc. i. 96; Theophr. H. PI. vi. 4); the best was
xxxv. 45), and encased in walls.  (Plin. Hi. N. produced in the island of Chios.  It was termed
xxxv. 10; Cic. in Verr. iv. 55; Dig 19. tit. 1. s. p17mv(  extiv1-q and pueaiTy, also.acaveYnM  peas17. ~ 3; Mhiller, Arc7s. ~ 319. 5; see Raoul-Ro-  riX71, resinn lentiscina, mastiClec.  There were yachette, Snc l'Enmploi de la Peintlre, &ce., and Le-  rious kinds; Pliny mentions a kind from Pontus
tronne, Lettres d'un Antiquaire, c&c., works devoted  which resembled bitumen.  This resin was not
to the discussion of this subject.)  The ornamental improbably mixed with the Punic wax prepared
panel-painting in the houses of Pompeii is evi- for painting in encaustic, for the Abate Requeno,
dently an imitation of this more ancient and more  who made many experiments in encaustic (Saggi
costly system of decorating walls.  The wood of sul risttabilimento dell' antica, arte dei Greci e Iowhich these panels or tablets were generally made m2ani pittori, Parma 1787), asserts that it amalgawas Larch (Abies Larinx, Larie Jfsina,'EXArt-, mates well with wax; the same writer is also of
Theophr. H. PI. iii. 9. 7; Plin. i. N. xvi. 73), opinion that the ancient encaustic painters used
and they were grounded or prepared for painting  also amber (succinuns) and frankincense or. olibanum
with chalk or white plaster; this prepared ground  (Thus masculumz) in the preparation of their colours.
was termed Xetcceoua, which term was applied also  Pliny (H. N. xxxiv. 26), speaking of verdigris,
to the tablet itself when thus prepared.  (Suidas, remarks that it was sometimes mixed with franks. v.; iv iraecL XEXCEUIeo/L &, Athenag. 1. c.)  incense.  He also mentions (xiv. 25) other resins
The style or cestrum  lused in drawing, and for and substances which are useful to painters, and
spreading the wax colours, pointed at one end and  (xxiv. 22) particularly turpentine (Terebintlsina),
broad and flat at the other, was termed ypaeiLs by  of which, as now, there were formerly various:
the Greeks and cestrum  by the Romans; it was kinds.  (See Geoffroy, Mater. 3led.; and Excurs.
generally made of metal.  There is a representa- vi. ad Plin. H. NA. xxiv. 22, ed. Lenmaire.)
tion of an instrument of this description in one of    The method of preparing wax, or Punic wax (cera
the paintings of Herculaneum.  (Anticsita d'Erco- Punlica), as it was termed, is preserved ill Pliny
lano, vol. iii. pl. 45.)  The hair pencil (penicillus, (LI. N. xxi. 49) and Dioscorides (ii. 105). It was
penicillum) was termed byroypanqs, and apparently  the ordinary yellow wax, purified and bleached, by
also pa~C/ov, (Xpc6cetuv 6la'oe paeilfov, Timaeus, being boiled three distinct times in sea-water, with
Lear. Plat. s. v. XpatveLv': see Letronne, Enaccstic, a small quantity of nitre, applying fresh water each
Journ. des SaC. Sept. 1835, on the meaning of time.  When taken out of the water the third
pailov).                                         time, it was covered with a thin cloth and placed
The ancients used also a palette very similar to  in the sun to dry.  Wax thus purified was mixed
that used by the moderns, although it appears that with all species of colours and prepared for paintthere is no absolute mention of the palette in any  ing; but it was applied also to many other uses, as
ancient author.  The fact, however, is sufficiently  polishing statues, walls, &c.
attested bythe figure of Painting discovered in the    Pliny speaks  of two  kinds  of bitumen  or
so-called Pantheon at Pompeii, which holds the  asphaltum  (&epcraXros), the ordinary, and a white
palette and brushes in her left hand.  (Zahn, Die  Babylonianbitumen (H. N. xxxv. 51). It was used
scls'lsten ornacnente und azerlcwiirdigsten geonzilde  as a varnish for bronze statues.  For an account of
eaus Pompeii Herkulanun und Stcabice, Berlin 1828.) the colours used by the ancient painters, see the
In- the same work (plate 98) a female who is article COLORES, and John, ltalerei der Altesn, &c.
painting is represented holding something in her    VII. Met/lods of Painltizg.  There were two
left hand which appears to be a palette, but it is  distinct classes of painting practised by the annot well defined even in the original. (Museum of cients; in water colours, and in wax; both of
Naples, No. 383. " La femme Peintre," Pompei. which were practised in various ways.  Of the
In the Antic/sitai d'Ercolan0o, it is given as a female  former the principal were fresco, al fresco; and the
copying a Hermes, vol. vii. pl. 1.) In the grotesque  various kinds of distemper (a tempera), with glue,
drawing of a portrait-painter at work, copied by  with the white of egg, or with gums (a guazzo);
Mazois (Les Ruines de Poilpe'i, part ii. p. 68) from  and with wvax or resins when these were rendered
a picture in the Casa Carolina at Pompeii, a small by any means vehicles that could be worked with
table serves as a palette and stands close to his  water.   Of the latter the principal was through
right hand; it appears to have seventeen different fire (dr& orvpas)  termed encaustic (E'ylcavur7s c,
tints upon it. It is most probable that the" tabella"  enzcaustica).  The painting in wax, tcnqpoypalM a, or
of Pliny and the rv'dcirov  of Pollux (or even the  ship painting, isceeramenta naviuznm  (Liv. xxviii. 45),
wrv4iov, x. 59) signified also palette as well as  was distinct from encaustic.  Compare Athenaeus,
tablet.
The ancient authors have left us less information    W* Vax becomes a water colour medium, when
concerning the media or vehicles ((Pdppa.Kc) used  boiled with sarcocolla or mastich, according to the
by the painters of antiquity than on any other  Abate Requenlo, who mixed five ounces of mastichl
matter connected with ancient painting. Gum and  with two of wax, which when boiled he cooled in
glue, commis, gummi, glutinuin, glutinum taurinum, a basin of cold water; turpentine becomes such
were evidently in common use. (Plin. H. N. xxxv.  when well mixed with the white of egg and water.
25; Vitruv. vii, 10.) Pliny (:I. N. xiii. 20) speaks  The yolk of egg, when mixed with vinegar, also
of sarcocolla (Pennea Sbreocolla, Linnaeus) as a  makes a good working vehicle for this species of
gum most useful to painters.  The Greeks received  paintingl, but it does not require water.
3 M1 4




904               PICT PUIlA                                          PICTUl. A.
v. p. 204, b.; icl7poypaptLa caarTe7roleiaro, which  was njust ncessary to melt the waxs: it was then
is distinct from e'rovse....  Ev EyicaultarLs     ypapo-  rubbed w~it'i a candle (Nwax?) and a clean linen
E5,evat &d 7rupbs, Plut. lor. AMo. stor. 16.)      cloth, in the way that ulaked  marble statues were
Fresco was probably little employed by the  done.  (Comlpare Plin. H. 1V. xxxiii. 40.)  The
ancients for works of imitative art, but it appears  Abate Requeno supposes that the candles were used
to have been the ordinary method of simply colour-  as a species of delicate cauterirom, simply to keep
ing walls, especially amongst the Ronmans.  The  the wax soft, that it might receive a polish from the
walls were divided into compartments or panels, friction of the linen; but it is a subject that prewhich were termed abaci, tEaticer; the composition  sents considerable difficulty.
of the stucco and the method of preparing the walls    This kild of varnish was applied apparently to
for painting is described by Vitruvius (vii, 3). plain walls only, for Sir Humphry Davy discovered
They first covered the'wall with a layer of ordi-  no remains whatever in the Baths of Titus, of
nary plaster, over which, when dry, were succes- an encaustic varnish upon paintings, although the
sivelv added three other layers of a finer quality, plain walls had generally traces of a red varnish
mixed with sand; above these were placed still of this description.  Neither Pliny nor Vitruvius
three layers of a composition of.chalk and marble  mention anything about colour, but this is evidently
dust, the upper one being laid on before the under  a most simple addition, and does not interfere at
one was quite: dry, and each succeeding coat being  all either with the principle or the application of
of a finer quality than the preceding.  By this pro-  the varnish.  Paintings may have possibly been
cess the. different lavers were so bound together, executed upon the walls after they  were thus
that the whole mass formed one solid and beautiful varnished.
slab,:resembling marble, and was capable of being    A  umethod apparently very generally practised
detached from the wall and transported in a wooden  by the Roman and later Greek painters was Enfirame to any distance.  (Vitruv. ii. 8; Plin. H. 1V. caustic, which, according to Plutarch (I. c.), was
xxxv. 49.) VitruviLusremm'ks that the composition  the most durable of all methods; it was in very
of the ancient Greek walls was so excellent, that little use by the earlier painters, and was not
persons were in the habit of cutting away slabs from   generally adopted until after the time of Alexander.
them and coinverting them into tables, which had  Pliny (H. V. xxxv. 39) defines the termn thus:
a very beautiful appearance.  Thlis colouring al "ceris pingere ae picturanm inurere," to paint with
fresco, in which the colours were mixed simply in  wax or wiax colours, and to buzsr in the picture aftervwater, as the term  implies, was applied when the  wards with the canterium;  it appears therefore to
composition was still wet (sudo tectorio), and on that have been the simple addition of the process of bernaccount was limited to certain  colours, for no  iseq in to the ordinary method of painting with wax
colours except earths can be employed in this way, colours.*  Cerae (waxes) was the ordinary term
that have not already stood the test of fire.  Pliny  for painters' colours amongst the Romans, but more
(H. AT. xxxv. 31)mentions thosecolours which could  especially enlcaustic colours and they kept theil
not be so employed: Purpurissum, Indicum, Caeru-  in partitioned boxes, as painters do at present.
lenum, Melinum, Auripigmentum, Appiannm, and. (" Pictores laculatas mnagnas habent arculas, ubi
Cerussa; instead of Melinum  they  u'sed Parae-  discolores sint cerae," Varro, de Re Rust. iii. 17.)
tonium, a white from Egypt,,which was by the Ro-  They were most probably kept dry in these boxes,
mans considered the best of whites.  [.COLOaES.]  and the wet brush or pencil was rubbed upon them
The care and skill required to execute a work in  when colour was required, or they were moistened
fresco, and the tedious and expensive process of  by the artist previous to commencing work. From
preparing the walls, must have effectually excluded  the term cerae, it would appear that wax constiit from ordinary places.  The majority of the walls  tuted the principal ingredient of the colouring
in Pompeii are in common distemper;  but those of vehicle used, but this does not necessarily follow,
the better houses, not only in Ponmpeii but in Rome  and it is very improbable that it did; there must
anid elsewhere, especially those which constitute  have been a great portion of gum  or resin in the
the grounds of pictures, are in fresco.  All the  colours, or they could not have hardened.  Wax
pictures, however, are apparently in distemper of a  was undoubtedly a most essential ingredient, since
superior kind, or a guazzo, but the impasto is of va-  it apparently prevents the colours from cracking:
rious qualities; in someit appears to have the con-  cerae therefore miight originally simply mean colours
sistency of oil painting without its defects, in others  which contained wax, in contradistinction to those
it is very inferior.                               which did not, but was afterwards applied geneOrdinary distemper, that is, with glue or size, is  rally by the Romans to the colours of painters, as
probably the most ancient species of painting;.
many of the ancient ornamental friezes and painted   * There were various kinds of encaustic, with
bassi-relievi in the temples and ruins in Egypt, and  the pencil and with the cestrum; but the difference
also many of the most ancient remains in Italy, are  between them  and the common process in which
painted in this manner.                            the cauteriurn or heater was not applied cannot
The fresco walls, when painted, were covered  have been very great, for Pausias, whose style was
with an encaustic varnish, both to heighten the  in encaustic with  the cestrum, nevertheless uncolours and to preserve them  from  the injurious  dertook to repair the paintings of Polygnotlus at
effects-of the sun or the weather. Vitruvius (vii. 9)  Thespiae, which were painted in the ordinary
describes the process as a Greek practice, which  manner in water colours with the pencil.  Pliny
they termed scaous.  When the wall was coloured  (H. N. xxxv.) in enumerating the most celebrated
and dry, Punic wax, melted and tempered with a  painters of antiquity speaks separately of those who
little oil, was rubbed over it with a hard brush  excelled in either class; chap. 36 is devoted to
(seta); this was made smooth and even by apply-  those who painted in the ordinary method with
ing a cauteriu21   (KcauriTptoY), or an iron pan, filled  the pencil, and chap. 40 principally to those who
with live coals, over the surface, as near to it as  painted in encaustic.




PICTURA.                                            PICTUPRA.                   905
for instance by Statius (Sylv. i. 1. 100),'" Apelleae  the colours designed for this species of painting
cuperentte scribere cerae."  The sponge (o-roy-yla, were also variously prepared, and those which
spopgia), spoken of by Pliny and other writers in  were suited for one style mav  have been quite unlconnection with painting, affords some proof that fit for another.  All these styles, however, are
painting in water colours was the method generally  comparatively simple, compared with that of Paupractised by the ancient painters; which is also  sias, in wax with the cestrum, " cera, cestro;" and
corroborated by the small vessel placed close to the  it is difficult for a modern practitioner to underpalette or table of the portrait-painter of the Casa  stand howv  a large and valuable picture could be
Carolina of Pompeii, evidently for the purpose of produced by such a method; unless these colours
washing his siIngle brush in.  Seneca (Ep. 121. 5)  or cerae, which painters of this class, according to
notices the- facility and rapidity  with which a  Varro (I. c.), kept in partitioned  boxes, were a
painter takes and lays on his colours.  That wax  species of wax crayons, which were worked upon
or resins may be used as vehicles in water colours  the panel with the broad end of the cestrum
has been already mentioned.                         (which may have had a rough edge) within an outThe origin of encaustic painting is unknown. It line or monogranm, previously drawn or cut in, with
was practised  in two ways with  the cestrum, the pointed end, and were afterwards fixed, and
namlely, in wax and on ivory; and in a third man- toned or blended by the action of the cauterium.
ner with the pencil.  The last method, according  Painters were in the habit of inscribing the word
to Pliny, was applied chiefly to ship-painting;  the  Eve'avoev, " burnt it in," upon pictures execulted
colours were laid on hot.  His words are, —" En-  in encaustic, as Nuclas fveKavrce,  Auvsr ros e,-ecausto pingendi duo fuisse antiquitus genera con-  savorsE.  (Plin. II. 1. xxxv. 10, 39.)
stat, cera, et in ebore, cestro id est n-iriculo, donec    VIII. loiclschrosy.  The practice of varnishing
classes pingi coepere.  Hoc tertiun  accessit, reso-  and polishing marble statues has been already incilutis igni  ceris penicillo utendi, quae picture in  dentally noticed.  The custom was very general;
navibus nec sole nec sale ventisque corrumpitur."  ancient statues were also often painted, and what
(H. N. xxxv. 41.)  This passage, from its concise-  is now termed polychrome sculpture was very conmiless, presents many difficulties. "Cera, cestro," that mon in Greece, for the acrolithic and the chrysis, in wax with the cestrum; this was the method  elephantine statues were both of this description.
of Pausias: " in ebore, cestro;" this must have  Many works of the latter class, which were of exbeen a species of drawing with a hot point, upon  traordinary magnificence and costliness, are deivory, for it was, as is distinctly said, without wax, scribed by Pausanias.  The term polychromy, thus
C' cera, et in ebore."  The third method, " resolutis  applied, was apparently unknown to the ancients
igni ceris penicillo utendi," though first employed  this species of painting is called by  Plutarch
on ships, was not necessarily confined to ship-  (De Glor. Atden. 6) &-yaAAd-oTr    cy'7cavous, and appainting; and if the assertion of Pliny is correct, pears to have been executed by a distinct class of
it must have been a very different style of painting  artists (.yaaxdrsTv   EyyKav'ra-l).  They are menfrom the ship-colouring of Homer, since he says it tioned also by Plato (De Republ. iv. 420. c.), ol
was of a later date than the preceding methods. a&vpldvras ypdPorTes: and if it is certain that
The " inceramenta navium " of Livy, and the Krpo-  Plato here alludes to painting statues, it is clear
ypatpia of Athenaeus, mentioned above, may have  that they were occasionally entirely painted, in
been executed in this third method of Pliny; the  exact imitation cf nature; for he expressly reuse of the cauterium, or process of burning in, is marks, that it is not by applying a rich or beautiful
iere not alluded to, but since he defined encauistic to  colour to any particular part, but by giving its
be "ceris pingere ac picturam inurere" (HI. N. xxxv. local colour to each part, that the whole is made
39), its employment may be understood in this case  beautiful (aXk' &OppeL el  a 7rpoo'iptoVra Eioo'rorS
also.  It is difficult, however, to understand what a&Iros8L rees,'r hoAso Kasbv 7roLoO/uev).. That this
effect the action of the cauteritum could have in the  was, however, not a general practice, is evident
second method (in ebore, cestro), which was without from  the dialogue between Lycinns and  Polywax. It would appear, therefore, that the definition  stratus, in Lucian (locag. 5-8), wvhere it is clearly,
alluded to is the explanation of the first mentioned  though indirectly, stated, that the Venus of Cinimethod only; and it is probable that the ancient dus by Praxiteles, and other celebrated statues,
methods of painting in encaustic were not only  were not coloured, although they may have been
three, but several; the /caLets of Vitruvius, men-  ornamented in parts and covered with an encaustic
tioned also by himself, is a fourth, and the various  varnish.
modes of ship painting add others to the number.    The practice of colouring statues is undoubtedly
Pliny (H. 1N. xvi. 23) himself speaks of " zopissa,"  as ancient as the art of statuary itself; although
a composition of wax and pitch, which was scraped  they were perhaps originally coloured more from a
from ships; and it is difficult to suppose that the  -love of colour than from any design of improving
higher class of encaustic was practised with the  the resemblance of the representation. The Jupiter
cestrumn only, since the pencil is such an infinitely  of the Capitol, placred by Tarquinius Priscus, was
more efficient instrument for the proper mixing and  coloured with minlium. (Plin. HI. N. xxxv. 45.) In
application of colours.  (KEpdaeOeaL Trai XpC6Ua-ra, later times the custom seems to have beenl reduced
scal evappo,'rromeioOas r-,' E'7rloAv jaV'Te, Lucian, to a system, and was practised with nmore reserve.
Imag. 7. vol. ii. p.. 465, R.)  The wax painting  Considerable attention  also seems to have been
on the fictile vases, mentioned by Athenaeus (v. paid to the effect of the object as a work of art.
p. 200. 6), can have been scarcely executed with  Praxiteles being asked which of his marble workls
the cestrum; and it is also unlikely that it was  he most admired, answvered, those which Nicias had
done with hot colours, as the painting of the " fig- had a hand in, " quibus Nicias manum  adinoliniumi  opus " mentioned by Pliny (H. lN. xxxvi. visset," so much, says Pliny (H. N. xxxv. 40), did
64) may have been.  But as there were various  he attribute to his circumilitio.   Nicias, therenethods of painting in encaustic, it follows that fore, who painted in encaustic, seems iin disy outh




906               PICTURA.                                            PICTURA.
to have been an &hyaA/zcirwv Ey/eavOr-s, or painter  of colouring buildings seems to have degenerated
of statues, and from  the approval of Praxiteles, into a mere taste for gaudy colours.  Pliny and
excelled apparently in this description of painting  Vitruvius both repeatedly deplore the corrupt taste
or colouring.                                      of their own times.  Vitruvils (vii. 5) observes
This view  differs very materially from  those  that the decorations of the ancients were tastewhich have been hitherto advanced upon this sub- lessly laid aside, and that strong and gaudy colourject but it has not been adopted without mature  ing and prodigal expense were substituted for the
consideration.                                     beautiful effects produced by the skill of the ancient
In the "Ccircumlitio" of Nicias, the naked form  artists.  Pompeii, with much that is chaste and
was most probably merely varnished, the colouring  beautiful, has many traces also of what Vitruvius
being applied only to the eyes, eyebrows, lips, and  and Pliny complain of.  Plate 99 of Zahn affords a
hair, to the draperies, and the various ornaments of beautiful specimen of the ancient wall-painting of
dress; and there can be little doubt that fine  Pompeii, in courts and interiors.  For a further
statues, especially of females, when carefully and  account of this subject, see Kugler, " Ueber die
tastefully coloured in this way, must have been ex-  Polychromie  der Griechischen  Architectur und
tremely beautiful; the encaustic varnish upon the  Sculptur und ihre Grenzen," Berlin, 1835.
white marble must have had very much the effect    IX. Vase Painting.  The fictile-vase painting
of a pale transparent flesh.  Gold was also abun-  of the Greeks was an art of itself, and was pracdantly employed upon ancient statues; the hair of tised by a distinct class of artists (Aristoph. Eccl.
the Venus de Medicis was gilded, and in some, glass  995, 996, Bekker), who must have required a
eyes and eyelashes of copper were inserted, examples  peculiar instruction, and probably exercised their
of which are still extant.                         art according to a prescribed system.  It is, howThe practice also of colouring architecture seems  ever, impossible to say anything positive regarding
to have been universal amongst the Greeks, and  the history of this branch of ancient painting, as
very general amongst the Romans.  It is difficult scarcely  anything is known.  The designs upon
to define exactly what the system was, for there is  these vases (which the Greeks termed AXlcvOol)
scarcely any notice of it in ancient writers; a few  have been variously interpreted, but they have been
casual remarks in Vitruvius and Pausanias are all generally considered to be in some way connected
we possess of any value. Our information is drawn  with the initiation into the Eleusinian and other
chiefly from the observations of modern travellers; mysteries.  (Lanzi, De' VTsi Antiecli dipiuti;
for traces of colour have been found upon most of Christie, Disquisitions  upon  /the painted Greek
the architectural ruins of Greece, and upon the  Vases; Biittiger, Ideen, &c.)  They were given as
ancient monuments of Italy and Sicily; but with  prizes to the victors at the Panathenaea and other
the exception of the Doric ruins at Corinth and the  games, and seem to have been always buried with
temple of Aegina, which are not of marble, the  their owners at their death, for they,have been
colouring was confined to the mouldings and other  discovered only in tombs.
ornaments, the friezes, the metopes, and the tym-    Vase painting  cannot be adduced to deternline
pana of the pediments.  The exterior of the wall the general nature or character of ancient painting
of the cella of the Aegina temple, and the columns  as a liberal or imitative art; though the rude deof the Corinthian ruins, were covered with stucco  signs upon the vases throw considerable light upon
and coloured red.  It does not appear that the ex-  the progressive development of the art, as relates
terior walls when of marble were ever coloured, to style of design, and in some degree upon the
for no traces of colour have been found upon them. principles of Grecian composition of the early times;
At an early age, before the use of marble, when  but their chief interest and value consist in the
the temples and public edifices were constructed  faithful pictures they afford of the traditions, cusmostly of wood, the use of colour must have been  toms, and habits of the ancients.
much more considerable and less systematic; but    The ancient vase-painters were probably attached
during the most refined ages, the colouring, other-  to the potteries, or the establishments in which
wise quite arbitrary, appears to have been strictly  the vases were made; or themselves constituted
confined to the ornamental parts.  From the traces  distinct bodies, which from  the general similarity
found upon ancient monuments we are enabled to  of style and execution of the designs upon the
form a very tolerable idea of the ancient system of  vases, is not improbable.  They do not seem  to
decorating mouldings.  They were painted in va-  have been held in any esteem, for their names have
rious ways and in a great variety of colours, and a  not been preserved by any ancient writer; and we
tasteful combination of colours must have added  only know the names of very few, from their being
greatly to the effect of even the richest mouldings.  inscribed upon the vases themselves, as Taleides,
Trhe ordinary decorations were foliage, ova, and  Assteas, Lasimos, Calliphon,: and a few  others.
beads; but upon the larger mouldings on which  (Millin, Peitzsres de Vases lAntiques, vol. i. pl. 3.
foliage was painted, the outlines of the leaves were  pl. 44. vol. ii. pl. 37. pl. 61; Millingen, Anc. Uewd.
first engraved in the stone.  Gilding and metal iMon. pl. 27.)
work were also introduced, particularly  in the    The words KaAXs and Ka7eA, found frequentlyDoric order; the architrave of the Parthenon at upon the ancient vases, are explained to be simple
Athens was decorated with gilded shi lds. Friezes  acclamations of praise or approval, supposed to be
that were adorned with sculpture appear to have  addressed to the person to whom the vase was prebeen invariably coloured, as also the tympana of sented; the words are frequently preceded or folthe pediments; in the Parthenon these parts were  lowed by a name, evidently that of the person for
of a pale blue, in some of the Sicilian monuments  whom  the vase was designed.  The inscription
red has been found.  Some interior polychrome  also  / w7raEs ica/j has been found on some vases,
cornices of Pompeii are given in the work of Zahn  which have probably been designed as presents for
(Die sctzonsten Ornamente, dc., pl. 91).           young females. D'Hancarville (Collection of Vases,
In later times, amongst the Romans, the practice  Tdc. Introd.) supposes that vase painting had en



PICT URA.                                          PICTURA.                  J97
tlrely ceased about the time of the destruction of left: TON A~ENEON A@AON EMI, ri;,'AOln.
Corinth, and that the art of manufacturing vases  VEos'  dOeAoP Eildi, " I am  the prize of the Athebegan to decline towards the reign of Trajan, and  naea" (Panathenaea).  It is supposed to be of
arrived at its last period about the time of the Anto- the time of Solon.  (Millingen, Anc. Unzed. lyon.
nines and Septimius Severus.  Vase painting had  pl. 1.)
evidently ceased long before the time of Pliny, for    The vases with the yellow monograms, or rather
in his time the painted vases were of immense  the black monograms upon the yellow  grounds,
value and were much sought after; but the manu- constitute the mass of ancient vases.  Their illusfacture of the vases themselves appears to have been  trations are executed with various degrees of merit:
still extensive, for he himself mentions sixteen  those of inferior execution, also of this class, have
celebrated potteries of his own time, eight in Italy  traces of the graphis upon them, which appear to
and six elsewhere. The vases, however, appear to  have beein drawn upon the soft clay; the only
have been merely remarkable for the fineness or colour upon these, independent of that of the clay,
durability of the clay and the elegance of their is the darlk back-ground, generally black, which
shapes. (H. N. xxxv. 46.) For the composition of renders the figures very prominent.  The designs
the clay, with which these fictilia were made, upon the better vases are also merely monograms,
see FICTILE.                                       with the usual dark back-grounds, but there is a
Even in the time of the empire painted vases  very great difference between the execution of
were termed "' operis antiqui," and were then  these and that of those just alluded to; there are
sought for in the ancient tombs of Campania and  no traces whatever of the graphis upon them, their
other parts of Magna (raecia.  Suetonius (Jul. outlines are drawn with the hair pencil, in colour,
Caes. 81) mentions the discovery of some vases of similar to that of the back-ground, which is a
this description in the time of Julius Caesar, in  species of black varnish, probably asphaltum;  or
clearing away some very ancient tombs at Capua. perhaps rather prepared with the gagates lapis
It is also remarkable that not a single painted  (jet?) (ya7yd-r's) of Pliny, for he remarks that it
vase has been yet discovered in either Pompeii, is indelible when used on this kind of earthenware.
Herculaneum, or Stabiae, which is of itself almost (/H. N. xxxvi. 34.)
sufficient to prove that vase painting  was not    The best of these vases, which probably belong
practised, and also that painted vases were ex- to about the time of Alexander, are conspicuous
tremely scarce.  We may form some idea of their for a very correct style of design, although they
imnmense value from the statement of Pliny (H. Ar. are invariably carelessly executed, especially in the
xxxv. 46), that they were more valuable than the  extremities, but exhibit at the same time a surpris-.
Msurrhine vases. [MURRHINA VASA.] The paint- ing facility of hand.  The celebrated vase of Sir
ings on the vases, considered as works of art, vary  W. HIamilton's collection, now in the British Muexceedingly in the detail of the execution, although  seum, the paintings of which represent Hercules*
in style of design they may be arranged in two  and his companions in the gardens of the HIespeprincipal classes, the black and the yellowv; for rides, and the race of Atalanta and lHippomenes,
those which do not come strictly under either of exhibits, for design, composition, and execution,
these heads, are either too few or vary too slightly  perhaps the finest specimen of ancient vase paintto require a distinct classification.  The majority  ing that has been yet discovered: the style of deof the vases that have been as yet discovered have  sign is perfect, but the execution, though on the
been found, in ancient tombs, about Capua and  whole laborious, is in many parts very careless.
Nola.                                              (D'Hancarville, plates 127, 128, 129, 130.)
The black vases, or those with the black figures    There appears to be no example of the more
upon the stained reddish-yellow terra cotta, the  perfect monochrom  (see No. III.) upon ancient
best of which were found at Nola, are the most vases, and examples of the polychrom  are very
ancient, and their illustrations consist principally  rare.  II Sir W. Hamilton's collection there are a
of representations from the early mythological tra- few  examples in which various colours have been
ditions; but the style of these vases was some- added after the ordinary monogram has been comtimes imitated by later artists. (Plate 56, vol. iv. pleted, for they are not incorporated with the vase,
of D'Hancarville is an example.)  The inferior ex- as the black and ground tints are, but are subject
amuples of this class have some of them traces of the  to scale and are easily rubbed off. They consist of
graphis or cestrum  upon them, which appear to  white, red, yellow, and blue colours.  These vases
have been made when the clay was still soft; some are apparently of a later date than the above; for
also have lines or scratches upon the figures, which  the style of design is very inferior.
have been added when the painting was completed.    The Museums of Naples, Paris, London, and
The style of the design of these black figures, or other cities afford abundant examples of these anskiagrams, is what has been termed the Egyptian  cient vases; the Museo Borbonico  at Naples
or Daedalian style.  The varieties in this style  contains alone upwards of 2500 specimens.  The
are, occasionally a purple tint instead of the black; subjects of the illustrations are almost always conor the addition of a red sash, or white vest, and  nected with ancient mythology, and the execution
sometimes a white face and white hands and  is generally inferior to the composition.
feet.  A  curious and interesting example of this    No opinion of the style of the designs upon
kind of polychrom, in black, red, and white, was ancient vases can be formed from the generality of
discovered near Athens in 1813, representing on  the great works purporting to illustrate them, which
one side a Minerva with a spear and shield, in the  have been published of late years.  Very few are
Daedalian style; and on the reverse, in a some- at all accurate in the lines and proportions, espewhat better style, a youngu man driving a biga cially of the extremities; and ill some, even the
of mo-st ancient construction; it is supposed to  composition is not faithfully imitated.   This is
represent Erichthonius.   Near the Minerva is particularly the case with the splendid works pubthLie following inscription, written from  right to  lishcd by Dubois-Maissonneuve, Laborde, and some




908               PICTURA.                                           PICTURA.
others, inll which the illustrations are drawn with a  and Euphranor in painting cannlOt have been incare, precision, and uniformity of character quite  ferior in style to that of their sculpture;  nor can
foreign to the paintings on the vases.  They all  Eupompus have been an inferior critic in his own
appear to be drawn rather according to common  art than in that of Lysippus.  TVe have besides the
and perfect standards of the different styles, than  testimony of nearly all the Greek and Roman
to be the faithful imitations of distinct original  writers of every period, who in general speak more
designs.  Plates 25 and 26 of the first volume of frequently and in higher terms of painting than of
NIaissonneuve, purporting to be faithful imitations  sculpture.  " Si quid generis istius modi me deof the design upon the celebrated  Nola vase, lectat, pictura  delectat," says Cicero (ad  tam. vii.
(in the Museum  at Naples, No. 1846,) repre-  23).
senting a scene from the destruction of Troy, bear    The occasional errors in perspective, detected in
hut little resemblance to the original. This remark  some of the architectural decorations in Pompeii,
is applicable also to the work of D'Hancarville and  have been assumed as evidence that the Greek
other earlier productions, but in a less degree. painters generally were deficient in perspective.
Perhaps the work which illustrates most faithfully  This conclusion by no means follows, and is entirely
the style of the designs upon ancient vases, as far confilted by the mosaic of the battle of Issus, in
as it goes, is that in course of publication by  which the perspective is admirable; in many other
Gerhard (Azuserlesenze Grieclischze Vacsenbilder, Ber- works also of minor importance the perspective has
lin 1839). The specimens also of ancient paintings, been carefully attended to.  We know, moreover,
published by Raoul-Rochette (Peintu-es Antiques), that the Greeks were acquainted with perspective
have every appearance of being faithful imitations  at a very early period; for Vitruvius (vii. praef.)
of the originals.                                  says, that when Aeschylus was exhibiting trageX. Resmaizss of Asnciesnt Paintin7g.  There is a  dies at Athens, Agatharchus made a scene, and left
general prejudice against the opinion that the  a treatise upon it.  By the assistance of this, Depainting of the Greeks equalled their sculpture; mocritus and Anaxagoras wrote upon the same
and the earlier discoveries of the remains of ancient subject.  (See Dict. of Biog. art. Agaltharchus.)
paintings at Pompeii and Herculaneum  tended  This class of painting was termed scenography
rather to increase this prejudice than to correct it. (tc-rvoypaopa) by the Greeks, and appears to have
The style of the paintings discovered in these cities  been sometimes practised by architects.  Cleiswas condemned both by Pliny and Vitruvius, and  thenes of Eretria is mentioned as architect and
yet almost every species of merit may be discovered  scenograph (ex-ryoTypd7os).  (Diog. ii. 125.)  Sein them.  What therefore must have been the pro- rapion, Eudorus, and others, were celebrated as
ductions which the ancients themselves esteemed  scene-painters. (Plin. H. N. xxxv. 37. 40.) Scenetheir immortal works, and which singly were esti- painting was not perhaps generally practised until
mated equal to the wealth of cities? (Plin. H. NA  after the time of Aeschylus, for Aristotle (Poet. 4)
xxxv. 32.)                                         attributes its introduction to Sophocles.
These remains of Pompeii and Herculaneum in-    The most valable and the most considerable of
duced Sir Joshua Reynolds to form  a decided  the ancient paintings, that have been yet discovered,
opinion upon ancient painting. He remarks (Notes  are: -The so-called Aldobrandini Marriage, Nozze
to Fresns. 37), "From  the various ancient paint- Aldobrandine, originally the property of the Aldoings which have come down to us we may form a  brandini family, which was found on the Esquiline
judgment with tolerable accuracy of the excellencies  Mount  during the pontificate of Clement VIII.,
and the defects of the arts amongst the ancients. Ippolito Aldobrandini, and was placed by Pills
There can be no doubt but that the same correct-  VII. in the Vatican; this painting, which is on
ness of design was required from  the painter as  stucco and contains ten rather small figures in three
from  the sculptor; and if what has happened in  groups, is a work of considerable merit in composithe case of sculpture, had likewise happened in re- tion, drawing, and colour, and is executed with
gard to their paintings, and we had the good  great freedom  (Bdttiger and Meyer, Die Aldofortune to possess what the ancients themselves  brandiisiscse Hoclzeit, Dresden 1810); and the
esteemed their masterpieces, I have no doubt but following paintings of the Museo Borbonico at
we should find their figures as correctly drawn as  Naples, which are conspicuous for freedom of exethe Laocoon, and probably coloured like Titian."  cution and general technical excellence: the two
This opinion has been further confirmed by later  Nereids found in Stabiae, Nos. 561 and 562, Cat.;
discoveries at Pompeii; especially by the great Telephus nourished by the roe, &c., from Hercumosaic of the Casa del Fauno discovered in 1831, laneum, No. 495; Chiron and Achilles, also from
supposed to repr;sent the battle of Issus. (AMosaic, Herculaneum, No. 730; Briseis delivered to the
No. XV.)  But the beauty of ancient sculpture  heralds of Agamemnon, from  Pompeii (Sir W.
alone is itself a powerful advocate in favour of this  Gell, Pomzpeiana, pl. 39 and 40), No. 684; and
opinion; for when art has once attained such a  the nine Funambuli or Rope-dancers, which are
degree of excellence as the Greek sculpture evinces, executed with remarkable skill and facility. (Mus.
it is evident that nothing mediocre or even inferior  Borb., Ant. d'Ercol., and Zahn contain engravings
could be tolerated.  The principles, which guide  from these works; for facsimiles of ancient paintthe practice of both arts, are in design and proper-  ilgs, see "l tecueil de Peintures antiques, imitdes
tion the same; and the style of design in painting  fidelement  pour les couleurs  et pour le trait,
cannot have been inferior to that of sculpture. d'aprhs lcs desseiis colorids faits par P. S. Bartoli,"
Several of the most celebrated ancient artists were  &c. Paris 1757, folio.)
both sculptors and painters; Pheidias and Eu.    XI. Period of Development. -Essential Style.
phranor were both; Zeuxis and Protogenes were  With Polygnotuls of Thasos (B. c. 463) painting
both modellers; Polygnotus devoted some atten-  was fully developed in all the essential principles
tion to statuary; and Lysippus consulted Eupom-  of imitation, and was established as an independent
pus upon style in sculpture. The design of Pheidias  art in practice.  The works of Polygnotus were




PICTURA.                                           PICTURA.                   9109
conspicuouS for expression, character, and design; constitute single compositions, nor was any unity
the more minute discriminations of tone and local of time or action aimed at; they were painted
colour, united with dramatic composition and efiect, histories, and each group was no further connected
were not accomplishllcd until a later period.  The  with its contiguous groups, than that they all
limited space of this article necessarily precludes tended to illustrate different facts of the same story.
anything like a general notice of all the various    Polygnotus has been termed the Michel Angelo
productions of Greek painters incidentally men- of antiquity.  His style Was strictly ethic, for his
tioned in ancient writers.  With the exception, whole art seems to have been employed in illustherefore, of occasionally mentioning works of ex- trating the humnan character; and that he did
traordinary celebrity, the notices of the various it well, the surname of Ethograph ('HiOoYpdmpos)
Greek painters of whom  we have any satisfactory  given to him  by Aristotle and others sufficiently
knowledge will be restricted to those who, by the  testifies.  His principles of imitation may be dequality or peculiar character of their works, have  fined to be those of individual representation indecontributed towards the establishment of any of pendently of any accidental combination of accesthe various styles of painting practised by the an- series; neither the picturesque, nor a general and
cients. A fuller account of each artist will be found  indiscriminate picture of nature, formed any part
under the respective names in the Dictionary of of the art of Polygnotus or ofthe period. Whatever,
Greek tand Ronzan Biog-rccapy.                    therefore, was not absolutely necessary to illustrate
Polygnotus is frequently mentioned by ancient the principal object, was indicated merely by syrmwriters, but the passages of most importance re- bol: two or three warriors represented an army;
lating to his style are in the Poetica of Aristotle (c. a single hut, an1 encampment; a ship, a fleet; and
2 and 6) and the ITmagyies of Lucian (c. 7).  The  a single house, a city: and, generally, the laws of
notice in Pliny (II. N. xxxv. 35) is very cursory; basso-rilievo appear to  have been the laws of
he mentions him amongst the manlay before Olymp. painting, and both were still to a great extent sub90, from which time he dates the commencement of servient to architecture.
his history, and simply states that he added much    The principal contemporaries of Polygnotus were
to the art of painting, such as opening the mouth, Dionysius of Colophon, Pleistaenetus and Panaenus,
showing the teeth, improving the folds of draperies, of Athens, brothers (or the latter, perhaps, a nepainting transparent vests for women, or giving  phew) of Pheidias, and Micon, also of Athens.
them  various coloured  head-dresses.   Aristotle    Dionysius was apparently an excellent portraits.peaks of the general character of the design and  painter, the Holbein of antiquity; for besides the
expression of Polygnotus, Lucian of the colour; in  testimony of Aristotle, quoted  above, Plutarch
which respects both writers award him the highest (Time ol. 36) remarks that the works of Dionysius
praise.  Aristotle (c. 2), speaking of imitation, wanted neither force nor spirit, but that they had
remarks that it must be either superior, inferior, or the appearance of being too much laboured.  Poequal to its model, which he illustrates by the cases  lygnotus also painted portraits. (Plut. Cimon, 4.)
of three painters: " Polygnotus," he says," paints    Palsaenus assisted Pheidias in decorating the
nlen better than they are, Pauson  worse, and  statue and throne of the Olympian Jupiter. Micon
Dionysits as they are."  This passage alludes evi- was particularly distinguished for the skill with
dently to the general quality of the design of which he painted horses. (Diet. of Bioe. s. vv.)
Po!-gnotus, which appears to have been of an ex-    Prize contests also were already established, ill
alted and ideal character.  In another passage (c. this early period, at Corinth and at Delphi.  Pliny
6) lie speaks of him  as an  -y7anOh  i0oypados, or  (II. N. xxxv. 35) mentions that Panaelns was
ati excellent delineator of moral character and ex-  defeated in one of these at the Pythian games, by
pression, and assigns him  in this respect a com- Timagoras of Chalcis, who himself celebrated his
plete superiority over Zeuxis.  From  the passage  own victory in verse.
iin Lucian, we may infer that Polygnotus, Euphra-    The remarks of Quintilian (lust. Orator. xii. 10)'
nor, Apelles, and Agtion, were the best colourists  respecting the style of this period are very curious
among the ancients according to the general opinion  and interesting, although  they do not accord en(dpiosro  EyE'ov'To icfpado' Oait' da Xpa'a, r eal sa eu- tirely with the testimonies from  Greek writers
iraipov 7roie2i'Oal rc7v E'r~oXY  augrrv). He notices  quoted above.  He says, that notwithstanding the
also in the same passage the truth, the elegance, and  simple colouring of Polygnotus, which was little
the flowing lightness of the draperies of Polygnotus. more than a rude foundation of what was afterPausanias mentions several of the works of wards accomplished, there were those who even
Polygnotus, but the most important were his two  preferred his style to the styles of the greatest
great paintings, or series of paintings, in the Lesche  painters who succeeded him; not, as Quintilian
of the temple of Apollo at Delphi, to a description  thinks, without a certain degree of affectation.
of which Pausanias devotes seven chapters. (x.    XII. EstablislJnent ofPainting.-Drac tatic style.
25 —31, Diet. of Bioy. s. v.)                      In the succeeding generation, about 420 B. c.,
The painting of the destruction of Troy (and the  through the efforts of Apollodorus of Athens and
other was similar in style) seems to have contained  Zeuxis of Heraclea, dramatic effect was added to
three rows of figures, with the names of each written  the essential style of Polygnotus, causing an epoch
near them, ill distinct groups, covering the whole  in the art of painting, which henceforth comprewall, each telling its own story, but all contributing  hended a unity of sentiment and action, anld the
to relate the tale of the destruction of Troy.  It is  imitation of the local and accidental appearanlces of
evident from this description that we cannot decide  objects, combined with the historic and generic reupon either the merits or the demerits of the corn-  presentation of Polygnotus.  The contemporaries
position, from the principles of art which guide the  of Apollodorus and Zeuxis, and those who carried
rules of composition of modern times.  Neither  out their principles, were, Parrhasius of Ephesus,
perspective nor composition, as a whole, are to be  Eupompus of Sicyon, and Timanthes of Cythnus,
expected in such works as these, for they did not all painters of the greatest fame.  Athens and




':i130            PICTURA.                                            PICTURA.
Scyon were the principal seats of the art at this  able works of art, still the execution was surpassed
period.                                            by the invention. As asl instance of the ingenuity
Apellodorts, says Plutarch, invented tone (qOopav  of his invention, Plinly (IH. N. xxxv. 36. ~ 6) menKCel a3lrdXPopwiv arqaLs), which is well defined by  tions a sleeping Cyclops that he painted upon a
Fuseli (Lec. 1) as " the element of the ancient small panel, yet conveyed an idea of his gigantic'Ap/toyl, that imperceptible transition, which, with-  form  by means of some small satyrs who were
out opacity, confusion, or hardness, united local I painted measuring his thumb with a thyrsus. He
colour, demitint, shade, and reflexes."  This must, was celebrated also for a picture of the sacrifice of
however, not be altogether denied to the earlier  Tphigenia.  (See the admirable remarks of Fuseli
painters; for Plutarch himself (Ti7ol. 36) attri- upon this picture, Lecture i.)  Timanthes defeated
bntes the same property to the works of Dionysins  Parrhasius in a professional competition, in which
(iaXbv'xeovra rKal -drov), though in a less degree. the subject was the contest of Ulysses and Ajax
The distinction is, that what in the works of Dio- for the arms of Achilles. (Aelian, i. c.; Plin.. c.)
nysius was really merely a gradation of light anzd    Eupompus of Sicyon was the founder of the
shade, or gradual diminution of light, was in those  celebrated Sicyonian school of painting which was
of Apollodorus a gradation also of tints, the tint afterwards established by Pamphilus.  Such was
gradually changing according to the degree of light. the influence of Eupompus's style, that he added a
The former was termed ro',os, the latter &p/yoTl; third, the Sicyonic, to the only two distinct styles
but the English term tone, when applied to a co- of painting then recognized, the HIelladic or Grecian
loured picture, comprehends both; it is equivalent and the Asiatic, but subsequently to Eupompns disto the " splendor " of Pliny. (H. Au. xxxv. 11.)    tinguished as the Attic and the Ionic; which with
Apollodorus first painted men and things as they  his own style, the Sicyonic, henceforth constituted
really appeared; this is what Pliny (H. N. xxxv. the three characteristic styles of Grecian paint36) means by " Hic primus species exprimnere insti-  ing. (Plin. H. N. xxxv. 36. s. 7.) We may judge,
tuit.5"  The rich effect of the combination of light from the advice which Eupompus gave Lysippus,
and shade with colour is also clearly expressed in  that the predominant characteristic of this style was
the  words which follow: "primusque gloriam  individuality;  for upon being consulted by Lysippenicillo jure contulit; " also, "neque ante eum  pus whom of his predecessors he should imitate, he
tabula ullius ostenditur, quae teneat oculos."  We  is reported to have said, pointing to the surrounding
may almost imagine the works of a Rembrandt to  crowd, "Let nature be your model, not an artist."
be spoken of; his pictures rivetted  the eye.  (Plin. II. A. xxxiv. 19. s. 6.)   This celebrated
Through this striking quality of his works, he was  maxim, which eventually had so much influence
surnamed the shadoswer, atlaTypdeoS. (Hesychius, upon the arts of Greece, was the first professed
s, v. Comp. further Diet. of Biog, s. v.)          deviation from the principles of the generic style of
Zeuxis combined a certain degree of ideal form   Polygnotus and Pheidias.
with the rich effect of Apollodorus.  Qlsintilian    XIII. Period of RefiCn7eme1t.  The art of this
(1. c.) says that he followed Homer, and was  period, which has been termed the Alexandrian,
pleased  with  powerful forms even in women. because the most celebrated artists of this period
Cicero (Bzrt. 18) also praises his design.  Zeuxis  lived about the time of Alexander the Great, was
painted many celebrated works, but the Helen of the last of progression or acquisition;  but it only
Croton, which was painted from five of the most added variety of effect to the tones it could not imbeautiful virgins in the city, was the most re- prove, and was principally characterised by the
nowned, and under which he inscribed three verses  diversity of the styles of so many contemporary
(156-158) in the third book of the Iliad. (Valer. artists.  The decadence of the art immediately
Max. iii. 7. ~ 3; Cic. de Invent. ii. I; Aelian, succeeded; the necessary consequence, when, in1. H. iv. 12, &c.)  Stobaeus  (Sern1. 61) relates  stead of excellence, variety and originality became
an anecdote of the painter Nicomachls and this  the end of the artist.  "Floruit circa Philippum,
Helen, where the painter is reported to have ob-  et usque ad successores Alexandri," says Quintiserved to one who did not understand why the  lian (. c.), " pictura praecipue, sed diversis virtutipicture was so much  admired, " Take my eyes  bus " and he then enumerates some of the princitmid you will see a goddess."  ~re learn from  pal painters of this time, with the excellencies for
another anlecdote, recorded by Plutarch (P'ericl. 13),  which each was distinguished.  Protogenes was
that Zeuxis painted very slowly,                   distinguished for high finish; Pamphilus and MeParrhasius is spoken of by ancient writers in  laiuthius for composition; Antiphilus for facility;
terms of the very highest praise.  He appears to  Theon of Samos for his prolific fancy; and for
have combined the magic tone of Apollodorus, and  grace Apelles was unrivalled;  Euphranor was in
the exquisite design of Zeuxis, with the classic in- all things excellent; Pausias and Nicias were revention and expression of Polygnotus; and lie so mrarkable for chiaroscuro of various kinds; Nicodefined all the powers and ends of art, says Quin-  machnus was celebrated for a bold and rapid pencil;
tilian (I. c.), that he was called the " Legislator."  and his brother Aristeides surpassed all in the depth
He was himself not less aware of his ability, for  of expression.  Tihere were also other painters of
lie termed himself the prince of painters. ('EAAX- great celebrity during this period: Philoxenus of
-'sV 7rpCTca dE'pOv7a Te'Xy'qS, Athen. xii. p. 543, c.)  Eretria, Asclepiodorus of Athens, Athenionl of
He was, says Pliny (II. N. xxxv. 36), the most 1M\arone, Echion, Cydias, Philochares, Theoernesinsolent and most arrogant of artists.  (Compare  tus, Pyreicus, &c.
Athen. xv. p. 687, b.; and Aelian, V. H. ix. 1].)    This general revolution in the theories and pracTimanthes of Cythnus or Sicyon, was distin-  tice of painting appears to have been greatly owing
guished for invention and expression; the par-  to the principles taught by Eupompus at Sicyon.
ticular charml  of his invention was, that he left Pamphilus of Amphipolis succeeded Eupomplos in
much to be supplied by the spectator's own fancy; the school of Sicyon, which from that time became
aid although his productions were always admuir- the most celebrated school of art in Greece.  Pam



PICTURA.                                           PICTURA.                   911
philus had the reputation of being the most scientific  constituted the light of the picture.  Pliny (I. c.)
artist of his time; and such was his authority, tells us that Apelles glazed his pictures in a nmanner
says Pliny (It. T. xxxv. 36), that chiefly through  peculiar to himself, and in which no one could
his influence, first in Sicyon, then throughout all imitate him.  WVhen his works were finished he
Greece, noble youths were taught the art of draw-  covered them  with  a dark  transparent varnish
ing before all others: the first exercise was pro-  (most probably containing asphaltum), which had
bably to draw a simple line.  (rpaAs/~,c     EAlciCral, a remnarkable effect in harmonizing and toning the
Pollux, vii. 128; see further, respecting the school colours, and in giving brilliancy to the shadows.
of Pamphilus, Dict. of Biog. s. v.)                Sir J. Reynolds discovered in this account of Pliny
Nicomachus of Thebes was, according to Pliny  "an artist-like description of the effect of glazing
(I. c.), the most rapid painter of his time; but or sculnbling, such as was practised by Titian and
he was as conspicuous for the force and power the rest of the Venetian painters."  (Notes to
of his pencil as for its rapidity; Plutarch (Ti7zol.  hresn. 37.)  There is a valuable though incidental
36) compares his paintings with the verses of remark in Cicero (de Nat. Deor. i. 27), relating to
Homer.  Nicomachus had many scholars, of whom  the colouring of Apelles, where he says, that the
Plciloxenus of Eretria was celebrated as a painter tints of the Venus Anadyomene were not blood,
of battles; a battle of Alexander and Dareius by  but a resemblance of blood.  The females, and the
him is mentioned by Pliny ([I. N. xxxv. 36) as one  pictures generally, of Apelles, were most probably
of the most celebrated paintings of antiquity; but simple and unadorned; their absolute merits, andthey were all surpassed by his own brother Aris- not their eff'ect, constituting their chief attraction.
teides, who appears to have been the greatest master  See further Dict. of Biog. s. v.
of expression among the Greeks.  We must, how-    Protogenes of Caunus, a contemporary of Apelever, apply some modification to the expression  les, was both statuary and painter; he was reof Pliny (I. c.), that Aristeides first painted the  markable for the high finish of his works, for a
mind and expressed the feelings and passions of detailed account of which, as well as of his life and
man, since ie07l, as it is explained by Pliny in this  his relations with Apelles, see Diet. of Biog. art
passage, cannot be denied to Polygnotus, Apollo- Protogenes.
dorus, Parrhasius, Timanthes, and many others.    Euphranor, the Isthnlian, was celebrated equally
(See further Diet. of Biog. art. Aristeides.)     as painter and statuary; he was, says Pliny (1i. N.
Pausias of Sicyon painted in encaustic, with the  xxxv. 40), in all things excellent, and at all times
cestrum, and seems to have surpassed all others in  equal to himself. He was distinguished for a pecuthis method of painting; he was the pupil of Pam- liarity of style of design; he was fond of a muscular
phillls, and the contemporary of Apelles.  Pausias limb, mlaid adopted a more decided anatomical diswas conspicuous for a bold and powerful effect of play generally, but he kept the body light, in prolight and shade, which he enhanced by contrasts  portion to the head and limbs.  Pliny says that
and strong foreshortenings.  (Dict. of Biog. s..)  Euphranor first represented heroes with dignity.
Apelles was a native of Ephesus or of Colo-  Parrhasius was said to have established the canon
phon  (Suidas, s. v.), according  to the general of art for heroes; but the heroes of Parrhasius
testimony of Greek writers, although Pliny (I.c.)  were apparently more divine, those of Euphranor
terms him  of Cos.  Pliny asserts that le sur- more humnan.  We have examples of both these
passed all who either preceded or succeeded him; styles, inl the kindred art of sculpture, in the Apollo
the quality, however, in which he surpassed all and the Laoco6n, and in the Meleager and the
other painters will scarcely bear a definition; it Gladiator, or the Antinous and the Discobolus.
has been termed grace, elegance, beauty, XdpLs, It was to this distinction of style which Euphranor
tre(estcas.  Fuseli (Lee. 1) defines the style of it. apparently alluded, when he said that the Theseus
Apelles thus: —   His great prerogative consisted  of Parrhasius had been fed upon roses, but his own
msore in the unison than the extent of his powers; upon beef. (Plut. de Gloer. Atllen. 2; Plin. 1. c.)
lie knew better what he could do, what ought to  Euphranor painted in encaustic, and executed many
be done, at what point he could arrive, and what famous works; the principal were a battle of Malnlay beyond his reach, than any other artist. Grace  tineia, and a picture of the twelve gods. (Plin. 1. c.;
of conception and refinement of taste were his ele- Plut.. c.; Pans. i. 3; Lucian, Isnag. 7; Valer.
mients, and went hand in hand with grace of exe. Max. viii. 11. ~ 5; Eustath. ad II. i. 529, &c.)
cution and taste in finish; powerful and seldom,    Nicias of Athens was celebrated for the delicacy
possessed singly, irresistible when united."       with which he painted females, and for the rich
The most celebrated work of Apelles was per- tone of chiaroscuro which distinguished his painthaps his Venus Anadyomene, Venus rising out of ings.  He also painted in encaustic.  His most
the waters.  (Diet. of' Bioq. art. Apelles.)       celebrated work was the,eIKv'a, or the region of
Hle excelled in portrait, and indeed all his  the shades, of Homer (eceromantiac 1omeri), which
works appear to have been portraits in an ex- he declined to sell to Ptolemy I. of Egypt, who
tended sense; for his pictures, both historical and  had offered 60 talents for it, and preferred preallegorical, consisted nearly all of single figures. senting to his native city, Athens, as he was then
1-e enjoyed the exclusive privilege of painting the  sufficiently wealthy.  Nicias also painted some of
portraits of Alexailder. (Hor. Agl~. ii. 1. 239.) One  the marble statues of \Praxiteles.  (Plin. II. NA.
of these, which represented Alexander wielding  xxxv. 40; Plut. lior-. Epicclr. 11; see No.VIII.)
the thunderbolts of Jupiter, termed the Alexander    Athenion of Maronea, who painted also in enKepUvvoqpcoos appears to have been a masterpiece  caustic, was, according to Pliny (I. c.), conmpared
of effect; -the hand and lightning, says Pliny, with, and even preferred by some to Nicias; he
seenced to start from  the picture, and Plutarch  was more austere in colouring, but in his austerity
(Alex. 4) informs  us that the complexion was  more pleasing, and if he had not died young, says
browner than Alexander's, thus making a finer Pliny, he would have surpassed all men in paintcontrast wit.h the fire in his hland, which apparently  ing.  lie appears to have looked upon colours as a




i I 2             PUCT URA.                                          PiCT URA.
nere nmeans, to have neglected pictorial effect, and, time of the Romans, was practised with the grossest
retaining individuality and much of the refinement licence (Propert. ii. 6; Sueton. Tib. 43; and Vii.
of design of his contemporaries, to have endeavoured  Heor.), prevailed especially at no particular period
to combine them with the generic style of Poly- in Greece, but was apparently tolerated to a congnotus and Pheidias (ut in ipsa pictura eruditio  siderable extent at all times. Parrhasius, Aristeides,
elucent).  His picture of a groom with a horse is Pausanias, Nicophanes, Chaerephanes, Arellius,
mentioned by Pliny as a remarkable painting.       and a few  other 7ropyoypadoL are mentioned as
PIhilochares, the brother of the orator Aeschines, having made themselves notorious for this species
was also a painter of the greatest merit, according  of licence.  (Athen. xiii. p. 567, b; Plut. de and.
to Pliny (lI. N. xxxv. 10), although he is contemp- Piet. 3; Plin. H. N. xxxv. 37.)
tuously termed by Demosthenes (Fals. Legat. p. 415,    Of the few  painters who still maintained the
Reiske) "a painter of perfume-pots and tambours"  dignity of the dying art, the following may be men(&Aua-'-vpoOiccas Kal Tr'y7rava).                 tioned: Mydon of Soli; Nealces, Leontiscus, and
Ecllion also, of uncertain country, is mentioned  Timanthes, of Sicyon; Arcesilaus, Erigonus, and
by Cicero (Brut. 18) and Pliny (HF. N. xxxv. 36)  Pasias, of uncertain country; and Metrodorus of.s a famous painter. Pliny speaks of a picture of a  Athens, equally eminent as a painter and as a
bride by him as a noble painting, distinguished for philosopher.  The school of Sicyon, to which the
its expression of modesty.  A great compliment is  majority of the distinguished painters of this period
also incidentally paid to the works of Echion by  belonged, is expressly mentioned  by Plutarch
Cicero  (Parad. v. 2), where he is apparently  (A4rat. 12) as the only one which still retained any
ranked with Polycletus.                            traces of the purity and the greatness of style of
Theon of Samos was distinguished for what the  the art of the renowned ages.  It appears to have
Greeks termed mavracrioal, according to Quintilian  been still active in the time of Aratus, about 250
(1. c.), who also ranks him with the painters of the  B. C., who seems to have instilled some of his own
highest class.  Pliny (H. N. xxxv. 40), however, enterprising  spirit into tle artists of his time.
classes him with those of the second degree. Aelian  Aratus was a great lover of the arts, sbut this did
gives a spirited description of a young warrior snot hinder him from destroying the portraits of the
painted by Theon. (V. H. ii. 44.)                  Tyrants of Sicyon; one only, and that but parXIV. Declise.  The causes of the decline of tially, was saved. (Pnlut. A2rat. 13.)
painting in Greece are very evident.  The political    It was already the fashion in this age to talk of
revolutions with which it was convulsed, and the  the inimitable works of the great masters; and the
v-arious dynastic changes which took place after the  artists generally, instead of exerting themselves to
death of Alexander, were perhaps the principal imitate the masterpieces of past ages, seem to have
obstacles to any important efforts of art; the in- been content to admire thesn.  All works bearing
telligent and higher classes of the population, upon  great names were of the very hiohest value, and
whom painters chiefly depend, being to a great ex- were sold at enormous prices.  Plutarch mentions
tent engrossed by politics or engaged  in war. that Aratus bought up some old pictures, but parAnother influential cause was, that the public  ticularly those of Melanthus ansd Pa;mphilus, and
buildings were already rich in works of art, almost sent them  as presents to Ptolemy III. of Egypt,
even to the exhaustion of the national mythology  to conciliate his favour, and to induce him to join
and history; and the new rulers found the transfer the Achaean league.  Ptolemy, who was a great
of works already renowned a more sure ald a more  admirer of the arts, was gratified with these preexpeditious method of adorning their public halls  sents, and presented Aratus with 150 talents in con-.
and palaces, than the more tardy and hazardous  sideration of them. (Plunt. Arat. 12.) These were,
alternative of requiring original productions from  however, by no means the first wvorks of the great
contemporary artists.                              paiilters of Greece, which had founld their way into
The consequence was, that the artists of those  Egypt.  Ptolemy Soter had employed agents in
times were under the necessity of trying other Greece to purchase the works of celebrated masters.
fields of art; of attracting attention by novelty and  (P!lt. Mtor. Epicsur. c. II.)  Athenacus also (v.
variety: thus rhyparography.(pvcrapo7paloa), per- p. 196, e.) expressly mentions the pictures of Sisnography, and all the lower classes of art, attained  cyoniain masters vwhich  contributed to add to the
tile ascendancy andbecame the characteristic styles pomp anld display of the celebrated festival of
of the period.  Yet during the early part of this  Ptolemy Philadelphus at Alexanldria.
period of decline, from  about B. C. 300, until the    From  the time of Alexander the spirit of tche
destruction of Corinth by   nMllllmius, B. c. 146, Greeks animated EIgyptian artists, who adopted
there cwrere still several names which  upheld  the standard of Grecian beauty in proportion and
the anicient glory of Grecian painting, but subse- character.  Antiphilus, one of the most celebrated
qnent to the conquest of Greece by the Romans, painters of antiquity, was a native of Egypt, perwhat -was previously but a gradual and scarcely  haps of Naucratis.  (Diet. of Biog. s. v.)  Many
sensible decline, then became a rapid and a total other Greek painters also were established in Egypt,
decay.                                             and both the population and arts of Alexanldri
1ns the lower descriptions of painting which pre- were more Greek than Egyptian. (Quint. xii. 10 
vailed in this period, Pyreicus was pre-eminent; Plin. H. N. xxxv. 37 and 40; Athel. v. p. 196.)
he was termed Rhyparographos (pv7rapoypcpos),   A11mongst tile most remarkable productions of
on account of the meanl quality of his subjects. He  this period were, the celebrated ship of I-iero 1I.
belonged to the class of genre-painters, or "peintres  of Syracuse, which  had Mosaic floors, inl which
de genre bas," as the French  term  them.  The  the wihole history of the fall of Troy was worked
Greek pumraposypaq5ia therefore is apparently equi- with admirable skill (Athen. v. p. 207, c.), and the
valent to our expression, the Dutch style. (Sec  immense ship of Ptolemy Philopator, on thile prow
Diet. of Biog. art Pyreicics.)                     and sters  of which were carved colossal figures;
Pornogrophy, or obscene paiiting, which, in the  eighteen feet in height; and the whole vessel,




PICTURA.                                            PICTURA.                    913
bothinterior and exterior, was decorated with paint-  artists.  But [Marcellus gloried in the fact, and
ing of various descriptions.  (Athen. v. p. 201, a.)  boasted even before Greeks, that he was the first
Nearly a century later than Aratus we have still to teach the Romans to esteem  and to admire the
mention of two painters at Athens of more than  exquisite productions of Greek art.  We learn
ordinary distinction, I-eracleides a Macedonian, from Livy (xxvi. 21) that one of the ornaments of
and Metrodorus an Athenian.  The names of the triumph of Marcellus, 214 n. C., was a picture
several painters, however, of these times are pre- of the capture of Syracuse.
served in Pliny, but he notices them  only in a    These spoliations of Greece, of the Grecian king-.
cursory mannller. When Aemilius Paulus had con- doms of Asia, arid of Sicily, continued uninterruptlquered  Perseus, B. c. 168, he commanded  the  edly for about two centuries; yet, according to
Athenians to send him  their most distinguishled  Mucianus, says Pliny (H. N. xxxiv. 17), such
painter to perpetuate his triumph, and their most was the inconceivable wealth of Greece in works
approved philosopher to educate his sons.  The  of art, that Rhodes alone still contained upwards
Athenians selected  Metrodorus the painter, pro- of 3000 statues, and that there could not have
fessing that he was pre-eminent in both respects. been less at Athens, at Olympia, or at Delphi.
Heracleides was a Macedonian, and originally a  The men who contributed principally to fill the
ship-painter; he repaired to Athens after the de- public edifices and temples of Rome with the
feat of Perseus. (Plin. Ii. N. xxxv. 40.) Plutarch  works of Grecian. art, were Cn. Manlius, Fulvius
in his description of the triumph of Aemilius Paulus Nobilior, who plundered the temples of Ambracia
(irl Vit. 32) says, that the paintings and statues (Liv. xxxYiii. 44), Mummnius, Sulla, Lucullus,
brought by him  from  Greece were so numerous Scaurus, and Verres. (Liv. xxxix. 5, 6, 7; Plin,
that they required 250 waggons to carry them in  H. V. xxxiii. 53, xxxiv. 17, xxxvii. 6.)
procession, and that the spectacle lasted the entire   -Altmmius, after the destruction of Corinth, B. c.
day.  Aemilius appears at all times to have been  146, carried off or destroyed more works of art
a great admirer of the arts, for Plutarch (Aesmil. than all. his predecessors put together. Some of his
Pac/l. 6) mentions that after his first consulship  soldiers were found by Polybius playing at dice
lie took especial care to have his sons editcated in  ulpon the celebrated pictutre of Dionysus by Aristihe arts of Greece, arind lamongst others in painting  teides. (Strab. viii. p. 381.) Many valuable works
alid sculpture; and that lie accordingly entertained  also were purchased upon this occasion by Attalhts
minsters of those arts (srXdo'Tar a eal'(c ypcipor) in  III., and sent to Perganus; but they all found
his family.  From  which it- is evident that the  their way to Rome on his death, B.c. 133, as he
migration of Greek artists to Rome had already  bequeathed all his property to the Roman people.
comlmienced before the general spoliations of Greecc. (Plin. I. N  xxxiii. 53M.)  Scaurus, in his aedileIndeed Livy (xxxix. 2-2) expressly Inentions,  that slip, a. c. 58, had all the public pictures still reimanvy artists came from Greece to Rome upon the  maining in Sicyon transported to Rome on account
occasion of the ten days games appointed by Ful- of the debts of the former city, and he adorned the
viais Nobilior, B. c. 18G.  But Rome murst Ilave  great temporary theatre which he erected upon that
had its Greek painters even before this time; for occasion with 3000 bronze statues. (Plin. iI. hA.
the picture of thle feast of Gracchus's soldiers after xxxv. 40, xxxvi. 24.)  Verres ransacked Asia anld
the battle of Benevelltuln, consecrated by himn in  Achaia, and plundered almost every temple and
the temple of Liberty onl the Aventine, B. c. 213  public edifice in Sicily of whatever was valuable
(Liv. xxiv. 16), was in all probability the work of in it.  Amongst the. numerous robberies of Verres,
a Greek artist.                                     Cicero (in  Ver-;. i;v. 55) mentions particularly
The system adopted by the Romans of plunder- twrenty-seven  beauniful pictures taklen frol  tile
ilng Greece of its wolrks   of art, reprobated ly  temple of IMinerva at Syracuse, consisting of porPolybius (ix. 3-), vas not without a precedent. traits of the kingsa llnd tyrants of Sicilvy
The CaLrthagioinianls before them  had plundered all    Finom  the destruction of Corinth by Mlmnimus,
the corast towns of Sicily; and the Persians, and  and the spoliation. of Athens by Sulla, the higher
even the Macedolians, carried off all works of art bransches of art, espeeially ir paintingi  experienced
as the lawvful prize of conquest. (Diodor. xiii. 9I;  so sensible a. decay iun Greece, that only  two
Polyb. ix. 6. ~ 1; I i. xx'xi. 26; Plin. It..  xxxiv. paintelrs. are mentimt ed whlo can be classed cwith
19, xxxv. 36.)  The  Rlnoman conquerors, however,   the oreat massters. of former timles: Timomachus of
at first plhundered with a certain degree of rlodera-  Byzantium, contemporary with Caesar (Plin. I Ar.
tion (Cic. is TVeer. v. 4); as Mrarcellus at Syracuse, xxxv. 40, &c.), anld Aetion, mentioned by Lucian
rand Fabilus IMaxilcum  at'Tareuntum, whllo carriied  (Imacg. 7; HIerod. 5), who lived apparently about
cawvay no more works of art tlhan were necessary to  tile time of H1adrian. (Miiler, Archiiol. ~ 211. 1.)
aIdorn their triumphs, or decorate some of the  Yet Rome was, about the end of thee republic, full
public buildings. (Cic. in Verr. v. 52, &c.; Plut. of painters, who appear, Ihowever, to have  beenl
Fab. lc lf.'22, lalr-cel. 30.)  The wvorks of Greek  chiefly occupied in portrait, or decorative and ara1art brotught fromn  Sicily by Marcellus, were the  besque painting: painters must also have beell
first to inspire the Rolnans with the desire of very numerous ill Egypt and in Asia.  Paintings
adorning their public edifices wvith statues and  of various descriptions, still continued to perform a
paintings; which taste was converted into a pas- conspicuous part in the triumphs of the Roman
sion when they became acquainted with the great conquerols. In the triumph of Pompey over Mithritreasures and almost inexhlaustible resources of dates the portraits of the children and family of
Greece; and their rapacity  knew  no bounds. that monarch were carried in the procession (ApPlutarch says that AMarcellus (ir  Vit. 21) was pinn, loe Bell. MAittlid. 117); and in one of Caesar's
accused of having corrupted tile public morals triumphs the portraits of his principal enemies in
through  the introduction of works of a't into  the civil war were displayed, wvith the exception of
Rome; since from that period the people casted  that of Pomlpey. (Id. de Bell. Civil. ii. 101.)
mitch of their time in disputing about arts and I  The school of art at Rhodes appears to have been




~914              PICTURA.                                         PICTURA.
the only one that had experienced no great change; brated works; they are alluded to by Ovid (Trist;
for works of the highest class in sculpture were still ii. 525), and are mentioned by many other ancient
produced there.  The course of painting seems to  writers.
have been much more capricious than that of sculp-    There are two circumstances connected with the
ture; in which masterpieces, exhibiting various earlier history of painting in Rome which deserve
beauties, appear to have been produced in nearly  mention.  One is recorded by Livy (xli. 28), who
every age, from that of Pheidias to that of Hadrian;  informs us that the Consul Tib. Sempronius GracA decided decay in painting, on the other hand, is chus, dedicated in the temple of Mater Matuta,
repeatedly acknowledged in the later Greek and  upon his return from Sardinia, B. C. 174, a picture
in the best Roman writers.  One of the causes of apparently a singular description; it consisted
of this decay may be, that the highest excellence  of a plan of the island of Sardinia, with reprein painting requires the combination of a much  sentations of various battles he had fought there,
greater variety of qualities; whereas invention and  painted upon it.  The other is mentioned by Pliny
design, identical in both arts, are the sale elements  (Hf. N. xxxv. 7), who says that L. Hostilius 5Manof sculpture.  Painters also are addicted to the  cinus, Bs.c. 147, exposed to view in the forum a
pernicious, though lucrative, practice of dashing off picture of the taking of Carthage, in which he had
or despatching their works, from which sculptors, performed a conspicuous part, and explained its
from the very nature of their materials, are ex- various incidents to the people.  Whether these
empt: to paint quickly was all that was required  pictures were the productions of Greek or of Roman
from some of the Roman painters. (Juv. ix. 146.) artists is doubtful; nor have we any guide as *to
Works in sculpture also, through the durability of their rank as works of art.
their material, are more easily preserved than    The Romans generally have not the slightest
paintings, and they serve therefore as models and  claims to the merit of having promoted the fine
incentives to the artists of after ages.  Artists, arts.  We have seen that before the spoliations of
therefore, who may have had ability to excel in  Greece and Sicily, the arts were held in no colnsisculpture, would naturally choose that art in pre- deration in Rome; and even afterwards, until the
ference to painting.  It is only thus that we can  time of the emperors, painting and sculpture seem
account for the production of such works as the  to have been practised very rarely by Romans;
Antinous, the Laocoon, the Torso of Apollonius, and the works which were then produced were
and many others of surpassing excellence, at a chiefly characterised by their bad taste, being mere
period when the art of painting was comparatively  military records and gaudy displays of colour, alextinct, or at least prinlcipally practised as mere though the city was crowded with the finest prodecorative colouring, such as the imajority of the  ductions of ancient Greece.
paintings of Rome, IIerculaneum, and Pompeii,   There are three distinct periods observable in
now extant; though it must be remembered that the history of painting in Rome. The first, or great
these were the inferior works of an inferior age.    period of Glaeco-Roman art, may be dated fiom
XV. Roman Painzting.  The early painting of the conquest of Greece until the time of Augustus,
Italy and Magna Graecia has been already noticed, when the artists were chiefly Greeks. The second,
and we know nothing of a Roman painting inde- from the time of Augustus to the so-called Thirty
pendent of that of Greece, though Pliny (H. AN. Tyrants and Diocletian, or from the beginning of
xxxv. 7) tells us that it was cultivated at an early  the Christian era until about the latter end of the
period by the Romans.  The head of the noble  third century; during which time the great nmahouse of the Fabii received the surname of Pictor, jority of Roman works of art were produced. The
which remained in his family, through some paint- third comprehends the state of the arts during the
ings which he executed in the temple of Salus at exarchate; when Rome, in consequence of the
Rome, B. c. 304, which lasted till the time of the foundation of Constantinople, and the changes it
emperor Claudius, when they were destroyed by  involved, suffered similar spoliations to those which
the fire that consumed that temple.  Pacuvius also it had previously inflicted upon Greece. This was
the tragic poet, and nephew  of Ennius, distin- the period of the total decay of the imitative arts
guished himself by some paintings in the temple of amongst the ancients.
Hercules in the Forum  Boarium, about 180 B. C.  The establishment of Christianity, the division
Afterwards, says Pliny (I. c.), painting was not of the empire, and the incursions of barbarians,
practised by polite, andls (honestis manibus) amongst were the first great causes of the important revothe Romans, except perhaps in the case of Turpi- lution experienced by the imitative arts, and the
lius, a Roman knight of his own times, who exe- serious check they received; but it was reserved
cuted some beautiful works with his left hand at for the fanatic fury of the iconoclasts effectually to
Verona.  Yet Q. Pedius, nephew of Q. Pedius, destroy all traces of their former splendour.
coheir of Caesar with Augastus, was instructed in    Of the first of these three periods sufficient has
painting, and became a great proficient in the art, been already said; of the second there remain still
though he died when young. Antistius Labeo also  a few observations to be made.  About the beamused himself with painting small pictures.     ginning of the second period is the earliest age in
Julius Caesar, Agrippa, and Augustus were which we have any notice of portrait painters
among the earliest great patrons of artists. Sue- (imaginsum pictores), as a distinct class. Pliny
tonius (Jul. Caes. 47) informs us that Caesar ex- mentions particularly Dionysius and Sopolis, as the
pended great sums in the purchase of pictures by  most celebrated at about the time of Augustus,
the old masters; and Pliny (H. N. xxxv. 40) or perhaps earlier, who filled picture galleries with
mentions that he gave as much as 80 talents for two  their works.  About the same age also Lala of
pictures by his contemporary Timomachus of By- Cyzicus was: very celebrated; she painted, however,
zantium, one an Ajax, and the other a Medea me- chiefly female portraits, but received greater prices
ditating the murder of her children. These pictures, than the other two. (Plin. H. N. xxxv. 37, 40.)
which were painted in encaustic, were very cele-    Portraits must have been exceedingly numerous




1'PICTURA.                                          PIGNUS.                   915
gmongst the Romans; Varro made a collection of perors.  It was also common in Greece and Asia
the portraits of 700 eminent men. (Plin. II. N. Minor at all earlier period, but at the time of
xxxv. 2.)  The portraits or statues of men who  which we are now treating it began to a great
had performed any public service were placed in  extent even to supersede painting.  It was used
the temples and other public places; and several chiefly for floors, but walls alid also ceilings were
edicts were passed by the emperors of Rome re- sometimes ornamented in the same way. (Plinl.
specting the placing of them. (Sueton. Tiber. 26, II. An  xxxvi. 60, 64; Athen. xii. p. 542, d.;
Calig. 34.)  The portraits of authors also were  Senec. Ep. 86; Lucan, x. 11.6.)   There wvere
placed in the public libraries; they were appa- varioues kinds of mosaic; the lit/ostrota were disrently fixed above the cases which contained their  tinct fromn the picturace de musivo.  There were
writings, below which chairs were placed for the  several kinds of the former, as the sectile, the tesconvenience of readers. (Cic. ad Attie. iv. 10;  sellaturn, and the  versmiculatum, which are all
Sueton. Tiber. 70, Calig. 34.)  They were painted  mechanical and ornamental styles, unapplicable to
also at the beginning of manuscripts. (Martial, xiv. painting, as they were worked in regular figures.
186.)  Respecting the imagines or wax portraits, As a general distinction between musivum and
which were preserved in "armaria " in the atria  lithostrotmn, it mcay be observed that the picture
of private houses (Plin. J-. N. xxxv. 2; Senec. de  itself was de mcsivco or opuls 22nsivu1o), and its
Beneft iii. 28), there is an interesting account in  fiaclle, whichh was often very large and beautiful, was
Polybius (vi. 53).  With the exception of Aetion, lithostrotiem.  The fornner was made of various
as already mentioned, not a single painter of this  coloured small cubes (tesserae or tessellae), of difperiod rose to eminence: although some were of ferent slcaterials, and the latter of small thin slabs,
course more distinguished than others; as the  erustae, of various marbles, &c.; the artists were
profligate Arellius; Fabullus, who painted Nero's  termed munSi'CarCii, and quadratarii or tessellarii regolden house; Dorotheus, who copied for Nero the  spectively. Pliny (H. N. xxxvi. 60) attributes the
Venus Anadyomene of Apelles; Cornelius Pinus, origin of mosaic pavements to the Greeks. IHe menAccius Priscus, Marcus Ludius, Mallius, and others. tions the " asarotus oecus " at Pergamum,   by Sosus,
(Plin. H.N. xxxv. 37. &e.)  Portrait, decorative, the most celebrated of the Greek musivarii, the
and scene painting seem to have engrossed the art. pavement of which represented the remnants of a
Pliny and Vitruvius regret in strong terms the de-  supper. He mentions also at Pergamnum the famous
plorable state of painting in their times, which was  Cantharnss    with the doves, of which the' Doves of
but the commencement of the decay; Vitrevius  the Capitol' is supposed to be a copy. (Alous. Caqp.
has devoted an entire chapter (vii. 5) to a lament- iv. 69.)   Another musivarius of antiquity  wasa tion over its fallen state; and Pliny speaks of it Dioscorides of Sa inos, whose name is found upon two
as a dying art. (H. N. xxxv. 11.)  The latter  mosaics of Pompeii.  (Alios. Borb. iv. 34.)  Five
writer instances (H. N. xxxv. 33) as a sign of the  otherls are mnentioned by:Mliller. (Archiol. ~ 322.
madness of his time (noshtce aetatis insaniane), the  4.) T'here are still manly great mosaics of the
colossal portrait of Nero, 120 feet high, which was ancients extalt.  (See the works of Ciampini,
painted upon canvas, a thing unlknown till that Furietti, and Laborde.)  The most interesting and
time.                                              most valuable is the one lately discovered in PoemMarcus Ludius, in the tinle of Augustus, became  peii, which is supposed to represent the battle of
very celebrated for his landscape decorations, which  Issues.   his mosaic is certainly one of the most
were illustrated with figures actively employed in  valuable relics of ancient art, and the design and
occupations suited to the scenes; the artist's name, composition of the work are so superior to its exehowever, is doubtful. (See Diet. of' Bioj.. s.)  cution, that the original has evidently been the
This kind of painting became universal after his  production of an age long anterior to the degenerate
time, and apparently with every species of licence. period of the mosaic itself.  The composition is
Vitruvius contrasts the state of decorative painting  simple, forcible, and beautiful, and the design exin his own age with what it was formerly, and he  hibits in many respects merits of the highest order.
enuInerates the various kinds of wall painting in  (See Nicolini, Qmeadro in muscaico scoperto in Pontuse amongst the ancients.  They first imitated the  peii; Mazois, Ponip6i, iv. 48 and 49; and MUller,
arrangement and varieties of slabs of marble, then  DenknLsiler der alten Kunst, i. 55.)  [R.N.W.]
the variegated frames and cornices of panels, to    PIGNORATVCIA  ACTIO.  [PIGNUS.]
which were afterwards added architectural decorsa-    PI'GNORIS  CA'PIO.  [PER PIGNORIS CAtions; and finally in the exedrae were painted  PIONE.U.]
tragic, comic, or satyric scenes, and in the long    PIGNUS, a pledge or security for a debt or degalleries and corridors,various kinds of landscapes, mand, is derived, says Gcaius (Dig. 50. tit. 16. s.
or even subjects from  the poets and the higher 238), from  pugnuse    " quia quae pignori dantur,
walks of history.  But these things were in the  manu traduntur."  This is one of several instances
time of Vitruvius tastelessly laid aside, and had  of the failure of the Roman Jurists when they at.given place to mere gaudy display, or the most tempted etymological explanation of words. [Muphantastic and wild conceptions, such as many of TruUM.]  The element of pignus (pig) is contained
the paintings which  have been  discovered  in  in the word pa(n)g-o, and its cognate forms.
Pompeii.                                              A thing is said to be pledged to a manl when it
Painting now came to be practised by slaves, is made a security to him for some debt or demand.
and painters as a body were held in little or no  It is called, says Ulpian, Pignus when the possesesteem.  Respecting the depraved application of sion of the thing is given to him to wholm it is
the arts at this period see Plin. H. N. xxxv. 33; made a security, and Hypotheca, when it is nlade
Petron. Sat, 88; Propert. ii. 6; Sueton. Tib. 43; a security without being put in his possession.
Juven. ix. 145, xii. 28.                           (Dig. 13. tit. 7. s. 9. ~ 2; Isidor. Orig. v. 25;
Mosaic, or picturta de neusivo, opus musivum, was see also Cic. ad fcsm. xiii. 56.)  The agreement
rery general in Rome in the time of the early em-  for pledge which wais made without delivery of the
3~n2




916                 PIGNUS.                                             PIINUS.
thing by bare agreement (nuda conventio) is pro-  instance a creditor would be entitled to his necesperly Hypotheca.  (Inst. 4. tit. 6. ~ 7.)  The I sary. expenses concerning a slave oranllestate which
law relating to Pignus and Hypotheca was in all had been pignerated.
essentials the same.  The object of the pledging is    Pignus might be created by a judicial sentence,
that the pledgee shall in case of necessity sell the  as for instance by the decree of the praetor giving to
pledge and pay himself his demand out of the pro-  a creditor power to take possession of his debtor's
ceeds.  The original nature of pledge perhaps was  property (9nissio coeditoris in bosna debitor-is), either
simply the power of holding a debtor's property as  a single thing, or all his property, as the case might
a umeans of compelling him to pay; and a powver of be.  But the-permission or command of the magissale would be a matter of agreement: but the  tratus did not effect a pledge, unless the person
later Roman  jurists viewed a power of sale as a  actually took possession of thle thing.  The followpart of the contract of pledge.                     ing are instances: - the immissio  damni infecti
A  pledge may be given (ses hlypotlecace dlsri causa [DAMnNUOI   I TNFECTUu]: legatorurn servasnpotest) for any obligation, whether nloney borrowed  dorum causa, which had for its object the securing
(mutta6 pecZsica), dos, in a case of buying and sell-  of a legacy which had been left sub conditione or
ing, letting and hiring, or mandatum;   whether  die (Dig. 36. tit. 4): missio ventris in possesthe obligatio is conditional or unconditionll;  for  sionem, when the pregnant widow was allowed to
part of a sum of money, as well as for the whole.  take possession of the inheritance for the protec(Dig. 20. tit. 1. s. 5.)  Any thing could be the ob-  tion of a postumus: and the missio rei servandae
ject of pledge which could be an object of sale  causa.  The right which a person obtained by
(Dig. 20. tit. 1. s. 9; Dig. 20. tit. 3.  Quae res  such Imnmissio was called Pignus Praetoriurm.  It
pignori vel hypothecae dattte obligari non possunt),  was called Pignoris capio, whein the Praetor aland it might be a thing corporeal or incorporeal; lowed the goods of a person to be taken who wals
a single thing or a university of things.  If a  in contempt of the court, or allowed his person to
single thing was pledged, the tlling with all its ini-  be seized after a judgment given against him  (cir
crease was the security, as in the case of a piece  cacsic jtdicacti).
of ]lsld which was increased by alluvio.  If a shop    There was also among the Romans a tacita
(tablersn) was pledged, all the goods in it were  hypotheca, which existed not by consent of the
pledged, and if some of them were sold arid others  parties, but by rule of law (i1psojieG'e), as a colsebrought in, and the pledger died, the pledgee's  qulence of certain acts or agreemients, which were
security was the shop and all that it contained at not acts or agreements pertainling  to pledging.
the time of the piedger's decath. (Dig. 20. tit. 1.  (Dig. 20. tit. 2.  1Is qibuCs causis pigfies vel hypo.
s. 34.)  If all a mIan's property was pledged, the  thecc tacite coztsralitter.)  These Hypotliecae were
pledge comprehended also his future property, unl-  genersal or special.  The following are instances of
less such property was clearly excepted.  A man a whsat werel Genersal -lHypothecae. The Fiscus had a
might also pledge any claim  or demand that he  general hypotheca in respect of its claims oil the
had against another, whether it was a debt (niomen)  property of the subject, and on the property of its
or a thing (corpus).  (Dig. 13. tit. 7. s. 18.)     agents or officers: the husbalnd, on the property
The act of pledging required no particular formn, of him  who promised a Dios: anld legatees anlld
in which respect it resembled contracts lmade by  fideicommissarii isn respect of their legascies or fideiconsensus. Nothing mlore was requisite to establish  commissa, on tllhat portion of the hereditls of him
the validity of a pledge thans proof of the agree-  who had to pay the legacies or fideiconllsissa.
merit of the parties to it.  It was called Contractus  There were other cases of general hypothecae.
pigneratitius, when it was a case of Pignus; and       The following are instances of Special hlypoPacturn hypothecac, when it was a case of Hypo-  thecoe: -  The lessor of a Praediumn urbanunl hsad
theca: in the former case, tradition wrts necessary.  anl hypotheca, in respect of his claims arising out
A man might also by hlis testament make a Pignus  of the contract of hiring, on every thing which the
(Dig. 13. tit. 7. s. 26); for the Romanls applied  lessee (isiqzililZds) brought upon the premises fjr
the notion of pignris to an annual payment left by  constant use (iszsectae et illata).  The lessor of' 
way of legacy, and charged or secured on  itlad.  Praediumn rusticum had an hlypotheca oin the fruits
(Dig. 34. tit. 1. s. 12.)  The intention of a man to  of the farm as soon as they were collected by the lespledge could in any case be deduced either from   see (colosus). (Dig. 20. tit. 2. s. 7; 19. tit. 2. s. 24.)
his words or from any acts which admitted of no  A  person who lenlt mnoney to repair a ruinous
other interpretation than an intention to pledge.   house, lhad an hypotheca onl the house and the
A  man could onl- pledge a thin  when lie was,ground on which  it stood, provided the mooney
the owner and had fill power of disposing of it;  were laid out on it; but there was no hypotheca,.but a part owner of a thing could pledge his share.  if the money was lent to build a house with or to
A man could pledge another man's property, if the  enlarge it or ornament it.  Pipilli anld minores
other consented to the pledge at the time or after-  had an hypotheca on things which were bought with
wvards; but inm either case this mlust properly be  their mloney.
considered the pledge of the owner for the debt of    The person wiho had given a pledge, was still
another.  If a man pledged a thing, which was not  the owner of the thing that was pledged. I-Ie could
hiis, and afterwards became the owner of it, the  therefore use the thing,, and enjoy its fruits, if he
pledge was valid.  (Dig. 13. tit. 7. s. 20; 20. tit.  had not given up the possession.  But the agree2. s. 5.)                                           menot might be that the creditor shoulld have thie
The amount for which a pledge was security de-  use or profit of the thing instead of interest, which
pended on the agreementt: it might be for principal kinld of contract was called Alltichresis or mnutual
and interest, or for either; or it might comprehend  use: and if there was no agreement tas to use, the
principal and interest, and all costs and expenses  creditor could not use the thing, even if it was isn
which the pledgee might be put to on acconlt of the  his possession.  The pledger could also sell the
fiing pledged.  (Dig. 13. tit. 17. s. 8, 25.)  For  thing pledged, unless there were s,)lle a(greement




PIGNUS.                                             PIGNUS.                    917
to the contrary, but such sale did not affect the  thecae whlich Were founded on contract, the folright of the pledgee. (Dig. 13. tit. 7. s. 18. ~. 2.)  lowing were privileged: the hypothecae. of those
If the pledger sold a movable thing that was pig-  who had lent money for the purchase of an im.
nerated, or that was specially hypothecated, with-  movablething, or of a shop, or for the building,
out the knowledge and consent of the creditor, he  maintaining, or improving of a house, &c., and had
was guilty of flrtuim.  (Dig. 47. tit. 2. s. 19. ~ 6,  contracted for an hypotheca on the thing; there
and s. 68. pr.)  If the pledger at the time of a  was also the hypotheca which the seller of an
pignlis being given was not the owner of the thing,  immovable thing reserved by contract until he was
but had the possession of it, he could still acquire  paid the purchase-money.  Of these claimants, the
the property of the thing by usucapion, for the  Fiscus came first; then the wife in respect of her
pledgirng was not ail interruption of the usucapio.  dos; and then the other privileged creditors, ac[PossEssIo.]                                        cording to their priority in point of time.
The creditor could keep possession of a pigner-    In the case of unprivileged creditors, the ge.
ated thing till his demand was fully satisfied, and  neral rule as already observed was, that priority in
lie could maintain his right tothe possession against  time gae priority of right.  But an hypotheca
any otber person who obtained possession of the  which could be proved by a writing executed in Ia
thing.  He could also pledge the thing that was  certain public  form  (instrumentlon     publice conplcedged to him; that is, he could transfer the fectznm), or whiclh was proved by the signatures
pledge.  (Dig. 20. tit. 1. s. 13. ~ 2.) He had also  of three reputable. persons (instrunmentzur quasi
the right, in case his demand was not satisfied at publice conf&ctizn), hadL a priority over all those
the time agreed on, to sell the thing and satisfy his  which could not be so proved.  If several hypodemands out of the proceeds (jus, distralsendi sie  thecae of the stame kind were of the same date, he
seendendi pqenus).  (Cod. 8. tit. 27 (28).)  This  who was in possession of the thing had a priority.
power of sale might be qualified by the ternls of    The creditor who had for any reason the priority
the agreement; but a creditor could not be de- over the rest, was intitled to be satisfied to the
prived of all power of sale; nor could he be comn-  full alolunt of his claim out of the proceeds of the
pelled to exercise his power of sle. Gaius, (ii, 64)  thing pledged.  A  subsequent creditor could ohillustrates the maxim  that he who was not the  tain the rights of a prior creditor in several ways.
owner of a thing, could in some cases sell it, by  If he furnished the debtor with money to pay off
the example of the pledgee selling a thing pledged; the debt, on the condition of standing in his place,.
but he properly refers the act of sale to the. will and  the money was actually paid to the prior
of the debtor; as expressed in the agreement of creditor, the subsequent creditor stepped into the
pledging; and thus in legal effect, it is. the debtor  place: of the prior creditor.  (Dig. 20. tit. 3. s. 3.)
who sells by means of his agent, thle creditor. An  Also, if le purchased the thing   on the condition
agreement that a pledge should be forfeited in case  that the pitrchase-money should go to satisfy a
the demand was not paid at the time agreed on, prior creditor, he thereby stepped into his place.
was originally very common; but it was declared  A subsequent creditor could also, without the conby Constantine, A. u. 326, to be illegal. [Cosienis-  sent either of a prior creditor or of the debtor, pay
SORIA LEX1.]  In case of a sale the creditor, ac — off a prior creditor, and stand in his place to the
cording to the la-ter law, must give the debtor  amount of the sum  so paid.  This arrangement,
notice of his intention to sell, and after such notice  however, did not affect the rights of an interhe must wait two years before he could legally  mediate pledgee. (Dig. 20. tit. 4. s. 16.)
make a sale.  If any thing remained over after    The creditor had an actio hypothecaria or pigsatisfying the creditor, it was his duty to give it to  noraticiat ill respect of the pledge against every
the debtor; and if the price was insufficient to  person who was in poysession of it and had not a
satisfy the creditor's demand, his debtor was still  better right than hila.self.  This right of action
his debtor for the remainlder.  If no purchaser at  existed indifferently. in the case of Pignus and
a reasonable price could be found, the creditor  Ilypotheca.  The hypothecaria actio was designed
might become the purchaser, but still the debtor  to give effect to the right of the pledgee, and conhad a right to redeem the thing within two years  sequently for the deli.ver'y of the hypotlhecated.
on condition of fully satisfying the creditor. (Cod. thing or the payment of the debt.  A creditor who
8i. tit. 34. s. 3.)                                 had a Pignus,; had also a right to the Interdictumn
If there were several creditors to whom a thing  retinendae et recuperandae possessionis, if he was
was pledged which was insufficienlt to satisfy them   disturbed in his possession.
all, he whose pledge was prior in time had a pre-    The pledgee was bound to restore a pignus on
ference over the rest (potior est inl piyzore qei psrines  payment of the debt for which it had been given 
eredidit pecemianer et accepit klypotleecanz, Dig. 20. and up. to that time he was bound to take proper
tit. 4. s. 11).  Tiere were some exceptions to this  care of it.  Onl payment of the: debt, lie might be
rule; for instance, when a subsequent pledgee had  sued in arn actio pignoraticia by the pledger, for
lent his money to save the pledged thing from de-  the restoration of the thing, and for any damage
strnction, he had a preference over a prior pledgee. that it had sustained through his neglect.    The
(Dig. 20. tit. 4. s. 5, 6.)   This. rule has been  remedy of the pledgee againlst the pledger for his
adopted in the English Iaw as. to money lent oil proper costs and charges in respect of the pledge,
ships ad secured by bottomry bonds.                and for aly dolres or culpa on the part of the
Certain hvpothecae, both tacitae and founded on  pledger relating thereto, was By an actio pignocontract, had a preference or priority (pritileJiuz )  raticia contraria.
over all other claims. The Fiscues had a preference    The pledge was extinguished  if  the  thing
in respect of its claims; the wife in respect of perished, for the loss was the owner's; it was also
her dos; the lender of money for the repair or  extinguished if the thing was changed so as no
restoration of a building; a pupiillus witlh whose  longer to be the same, as if a man should have all
money a thing had been bought.  Of those hypo-  the timlber in a merchaiht's yard as a security, and
3N3




918                 PILA,                                             PILA.
the timber should be used in building a ship (Dig.  Athen. i. p. 14, d. e.; Plin. vii. 56), but -such
13. tit. 7. s. 18. ~ 3); if there was confusio, as  statements do not deserve attention.  What is
when the pledgee became the owner of the thing  more to the purpose in reference to its antiquity is,
that was pledged.  It was also extinguished by  that we find it mentioned in the Odyssee (vi. 100,
the payment of the debt; and in some other ways. &c. viii. 370, &c.), where it is played by the
The law of pledge at Rome was principally  Phaeacian damsels to the sound of music, and also
founded on the Edict.  Originally the only mode  by two celebrated performers at the court of Alciof giving security was by a transfer of the Quiri- nous in a most artistic manner accompanied with
tarian ownership of the thing by Mancipatio or In  dancing.
jure cessio, if it was a Res Mancipi, on the condi-    The various movements of the body required in
tion of its being re-conveyed, when the debt was the game of ball gave elasticity and grace to the
paid (sub lege remancipationis or sub fiducia). [Ft-  figure; whence it was highly esteemed by the
DUCIA.]  Afterwards a thing was given to the  Greeks.  The Athenians set so high a value on it,
creditor with the condition that he might sell it in  that they conferred upon Aristonicus of Carystus
case his demand was not satisfied: there was no  the right of citizenship, and erected a statue to
transfer of the ownership.  But so long as the  his honour, on account of his skill in this garme.
creditor could not protect his possession by legal (Athen. i. p. 19, a.; compare Suidas, s. v.'OpXg1-.)
means, this was a very insufficient security.  Ulti-  It was equally esteemed by the other states of
mately the Praetor gave a creditor a right of action  Greece; the young Spartans, when they were
(actio in rein) under the name Serviana actio for leaving the condition of ephebi, were called oaa!the recovery of the property of a colonus which  pes? (Pans. iii. 14. ~ 6; Bi ckh, Corp. Inscer. n.
was his security for his rent (pro mnercedibusfilndi); 1386, 1432), probably because their chief exercise
and this right of action was extended under the  was the game at ball. Every complete Gymnasium
name of quasi Serviana or hypothecaria generally  had a room (qepatpiov'pto~, aepaipLcrrpa) devoted to
to creditors who had things pignerated or hypothe- this exercise  [GYMNASIUM], where a special
cated to them.  (Inst. 4. tit. 6. s. 7.)  As to the  teacher (oaalpltprmiT14S) gave instruction in the art;
Interdictum Salvianum, see INTERDICTUM.          for it required no small skill and practice to play
The progress of pledge in the Roman system  it well and gracefully.
was from the clumsy contrivance of a conveyance    The game at ball was as great a favourite with
and reconveyance of the ownership, to the delivery  the Romans as the Greeks, and was played at
(traditio) of a thing without -a conveyance and  Rome by persons of all ages.  Augustus used to
upon an agreement that it should be a security  play at ball. (Suet. Aug. 83.)  Pliny (Ep. iii. 1)
(pignus), and finally to the simple Pactumn hy- relates how much his aged friend Spurinna exerpothecae, in which case there was ~Ao delivery, and  cised himself in this game for the purpose of ward -
all that the creditor got, was a riglt to have some ing off old age; and under the empire it was
particular thing of the debtor subject to be sold to  generally played before taking the bath, in a room
pay his debt.  The hypotheca was the last stage  (spkiaeristerium) attached to the baths for the purin the development of the Roman law of Pledge. pose; in which we read of the pilicrepus or player
It gave facilities for pledging beyond what existed  at tennis.  (Sen. Ep. 57; Orelli, Iuscr. n. 2591.)
when the Pignus was only in use, because things    The game at ball was played at in various ways:
could be hypothecated without a transfer of owner- the later Greek writers mention five different
ship or a giving of possession, such as mere rights modes, obrpavia, &irlaKVpos,  parvimVa, &pra(rorv,
of action, debts, and the like.  In fact, Pawn or &7rMpaSts, and there were probably many other
Pledge under the form of Hypotheca was perfected  varieties.  1. Obpavia was a game, in which the
by the Romans, and there is nothing to add to it.  ball was thrown up into the air, and each of the
The Roman Law of Pledge has many points of persons who played strove to catch it, before it fell
resemblance to the English Law, but more is com- to the ground.  (Pollux, ix. 106; Hesych. and
prehended under the Roman Law of Pledge than  Phot. s. v.; Eustath. ad Od. viii. 372. p. 1601.)
the English Law of Pledge, including in that tern  2.'E7rielcvpor, also called eipqnlK?' and e7r1Kovos,
Mortgage. Many of the things comprehended in  was the game at foot-ball, played in much the
the Roman Law of Pledge belong to the English  same way as with us, by a great number of perLaw of Lien and to other divisions of English  sons divided into two parties opposed to one anLaw  which are not included under Pledge or other.  (Pollux, ix. 104.)  This was a favourite
Mortgage.                                        game at Sparta, where it was played with great
(Dig. 20. tit. 1, 2, 3, &c.; Cod. 8. tit. 14-35; emulation.  (Siebelis, ad Pans. iii. 14. ~ 6.)  3.
Gains, ii. 59 —61; Dig. 13. tit. 7, and Cod. 4. 4,aLiv a, called iepr'lPva by Hesychius (s. v.), was
tit. 24. De Pignoraticia Actione vel contra; Puchta, played by a number of persons, who threw  the
Inst. i. ~ 246, &c.; there is an English treatise  ball frora one to another, but its peculiarity conintitled "The Law of Pledges or Pawns as it was sisted in the person who had the ball pretending
in use among the Romans, &c., by John Ayiiffe, to throw it to a certain individual, and while the
London, 1732," which appears to contain all that latter was expecting it, suddenly turning, and
can be said, but the author's method of treating  throwing it to another.  Various, etymologies of
the subject is not perspicuous.)     [G. L.]   this word are given by the grammarians. (Pollux,
PILA  (oa-(apa), a ball. The game at ball ix. 105.; Etym. Mag. s. v. eviAs s; Athen. i. p.
(a(patpmrr6T-) was one of the most favourite  15, a.)  4.'ApsraeoriV, which was also played at
gymnastic exercises of the Greeks and Romans  by the Romans, is spoken of under HAnPaSTUMa.
from  the earliest times to the fall of the Roman  5.'AardPatLts, was a game in which the player
empire.  As the ancients were fond of attributing  threw the ball to the ground with such force as to
the invention of all games to particular persons or cause it to rebound, when he struck it down again
occasions, we find the same to be the case with re- with the palm of his hand and so vwent on doing
spect to the origin of this game (lierod. i. 94;  many times: the number of times was counted.




PILENT UM.                                         PILEUS.                  919
(Pollux, ix. 105.)  We learn from Plato (T/ieae. (Liv. v. 25.)  The Vestal virgins were conveyed
p. 146) that in one game of ball, played at by  in the same manner.  (Prudentius contra Sym. ii.
boys, though we do not know what kind it was, sub fin.)  The pilentum  was probably very like
the boy who was conquered was called ass (0Ivos); the HARMAMAXA and CARPENTUM, but open at
and the one who conquered was named king  the sides, so that those who sat in it might both
(&aol'LhEts).                                    see and be seen.                      [J. Y.]
Among the Romans the game at ball was also    PI'LEUS or PI'LEUM  (Non. Marc. iii.;pilea
played at in various ways. Pila was used in a gene-  virorumn sunt, Serv. in Virg. Aen. ix. 616). dim.
ral sense for any kind of ball: but the balls among  PILE'OLUS or PILE'OLUM  (Colum. de Arbor.
the Romans seem to have been of three kinds; 25); (7rAos, dim. 7rgtALo, second dim. 7rArLSov;
the pila in its narrower sense, a small ball; the  7r1:i~/a, 7rlXoTo'd), any piece of felt; more espefollis, a great ball filled with air [FOLLIS]; and  cially, a skull-cap of felt, a hat.
the paganica, of which we know scarcely anything,    There seems no reason to doubt that felting (X
as it is only mentioned in two passages by Martial irtXA7 lc71eK, Plat. Poit. ii. 2. p. 296, ed. Bekker) is
(vii. 32. 7, xiv. 43), but from the latter of which  a more ancient invention than weaving [TELA.], nor
we may conclude that it was smaller than the  that both of these arts came into Europe from Asia.
follis and larger than the pila.  Most of the games    From the Greeks, who were acquainted with
at ball among the Romans seem to have been  this article as early as the age of Homer (II. x.
played at with the pila or small ball.  One of the  265) and Hesiod (Op. et Dies, 542, 546), the use
simplest modes of playing the ball, where two per- of felt passed together with its name to the Rosons standing opposite to one another threw the  mans.  Among them the employment of it was
ball from  one to the other, was called dtatailI always far less extended than among the Greeks.
lude)re.  (Plaut. Curo. ii. 3. 17.)  But the most Nevertheless Pliny in one sentence, "Lanae et
favourite game at ball seems to have been the  per se coactae vestem faciunt," gives a very exact
trigon or pila trigonalis, which was played at by  account of the process of felting.  (H. N. viii. 48.
three persons, who stood in the form of a triangle, s. 73.)  A Latin sepulchral inscription (Gruter,
Y r vplY&cV.  We have no particulars respecting  p. 648. n. 4) mentions " a manufacturer of woollen
it, but we are told that skilful players prided  felt " (lanarisns coactilarius), at the same time inthemselves upon catching and throwing the ball dicating that he was not a native of Italy (Lariwith their left hand. (Mart. xiv. 46, vii. 72. 9). seus).
The ancient physicians prescribed the game at    The, principal use of felt among the Greeks and
ball, as well as other kinds of exercise, to their Romans was to make coverings of the head for the
patients; Antyllus (ap. Oribas. vi. 32) gives some  male sex, and the most common kind was a simple
interesting information on this subject.         skull-cap.  It was often more elevated, though still
The persons playing with the pila or small ball round at the top,. In this shape it appears on
in the annexed woodcut are taken from a painting  coins, especially on those of Sparta, or such as exin the baths of Titus (Descr. des Bains de Titus, hibit the symbols of the Dioscuri; and it is thus
pl. 17); but it is difficult to say what particular represented, with that addition on its summit,
kind of game they are playing at.  Three of the  which distinguished the Roman flamines and salii,
players have two bails each.                     in three figures of the woodcut to the article APEX.
But the apex, according to Dionysius of Halicaro. O z    3 J  o                      nassus, was sometimes conical; and conical or
pointed caps were certainly very common.
i  ~ 2,<t M    tt  In the Greek and Roman mythology different
kinds of caps were symbolically assigned to indi/l,,., V1- ~ -    kf S''    v   cate the occupations of the wearers.  The painter
Nicomachus first represented Ulysses in a cap, no'      doubt to indicate his sea-faring life. (Plin. H. N.
xxxvi. ~ 22.)  The woodcut on the following page
\    shows him clothed in the ExoMis, and in the act of
('  P )   i \ offering wine to the Cyclops. (Winckelmann, Mon.
n\ ed.ii. 154; Homer, Od. ix. 345-347.)  He here
/AII  X X X,Vwears the round cap; but more commonly both he
/ ~-2......=          J         ij — D         and the boatman Charon (see woodcut, p. 512)...___.-                   have it pointed.  Vulcan (see woodcut, p. 726)
and Daedalus wear the caps of common artificers.
(BUrette, De la Spherislique, p. 214, &c., iz    A cap of very frequent occurrence in the works
Mli m. de l'Acad. des Insscr. vol. i.; Krause, Gys- of ancient art is that now generally known by the
nastik u. Agon. d. Hell. p. 299, &c.; Becker, name of "the Phrygian bonnet."  The Mysian
Gallus, vol. i. p. 268, &c.)                     pileus, mentioned by Aristophanes (Acharn. 429),
PILA.  [MORTARIUM.]                            must have been one of this kind.  For we find it
PILA'NI.  [EXERCITUS, p. 501,b.]               continually introduced as the characteristic symbol
PILENTUM, a splendid four-wheeled carriage, of Asiatic life in paintings and sculptures of Priam
furnished with soft cushions, which conveyed the  (see woodcut, p. 882) and Mithras (woodcut on
Roman matrons in sacred processions, and in going  title-page), and in short in all the representations,
to the Circensian and other games. (Virg. Aen. viii. not only of Trojans and Phrygians, but of Amazons
666; Hor. Epist. ii. 1. 192; Claudian, De Nzpt. (woodcut, p. 894), and of all the inhabitants of
Honor. 285; Isid. Orig. xx. 12.) This distinction  Asia Minor, and even of nations dwelling still
was granted to them by the Senate on account of further east. The representations of this Phrygian,
their generosity in giving their gold and jewels on  or Mysian, cap in sculptured marble show that it
a particular occasion for the service of the state. was made of a strong and stiff material and of a
3N 4




990                PITLE ITS.                                          PILEUS.
the British Museum, and shows the mode of wearing the petasus tied under the chin.  In other in-,stances, it is tied behind the neck instead of being
tied before it.  (See the next woodcut.)  Vrery
frequently we observe a boss on the top of the petasus, in the situation in which it appears ill the
-woodcuts, pages 259, 379.  In these woodcuts
and in that here introduced the brim of the petasus
is surmounted by a crown.  Frequently the crown
is in the form of a skull-cap; we also find it surrounded with a very narrow brim.  The Greek
petasus in its most common form  agreed with the
cheapest. hats of undyed felt, now  made in Elgland.  On the heads of rustics and artificers iin
//1l!X\   /s  ~   our streets anld lanes we often see forms the exact
counterpart of those w-hich we most admire in the
~4, w.;sI works of ancient art.  The petasus is also still
~/,;   1\,k i;!!conmlonly worn by agricultural labourers in Greece
z/ 7&.v.               and Asia Minor.  In ancient times it was preferred to.the skull-cap as a protection from the sun
(Sueton. Auzg. 82), and on this account Caligula
permitted the Roman senators to wear it at the
theatres.  (Dion Cass. lix. 7.)  It was used by
shepherds (Cgllim. F'Jrog. 125), hunters, and travellers.  (,Platt. Anephiter. Prol. 143, i. 1. 287,
Pseud. ii. 4. 45, iv. 7. 90; Brunck, Anal. ii. 170.)
The annexed woodcut is from a fictile vase belong.
ing to Mr. Hope (Costeumt, i. 71), and it repreconical form, though benlt forwardts and down- sents e reldier    hi hatand pallium.'lse
wards.  By some Asiatic nations iit was worn
erect, as by the Sacae, whose stiff.peaked caps
Ilerodotus describes under the name of cvpgacriae. 
The form of those worn by the Armenians (rLAoQdpOL'ApEeriolt, Brunck, Anal. -ii. 146) is shown
on various coins, which were struck in the reign
of Verus on occasion of the successes of the Roman
army in Armenia, A. n. 161.  It is sometimes
erect, but sometimes bent downwrards or truncated.
The truncated conical lhat is most distinctly seen
on two of the Sarmatians in the group at page 213.                                  i
Among the Romans the cap of felt'Was the
emblem  of liberty.  When a slave obtained -his
freedom lie had his head shaved, and wore instead 
of his hair an undyed pileus (7riteoO AeVcO'v, Diod.
Sic. Exe. Leg. 22. p. 625, ed.'WSess.;  Platnt. \
Ampit. i. 1. 306; Persiuts, v. 82).  Hence the
phrase servos ad pileum veocare is a sulmmuons to
liberty, by which slaves wvere frequently called                                  
upon to take up arms with a promise of liberty.
(Liv. xxiv. 32.)  The figure of Liberty on some
of the coins of Antoninus Pius, struck A. D. 145,               1
holds this cap in the right ha nd.                      _l
In contradistinction to the various forms of the             i ---
felt cap now described, we have -to consider others  -
more nearly corresponding with the hats worn by
Europeans in modern times.  The Greek  word  ordinary dress of the Athenian ephebi, well exlhi
7reTaros, dimn. 7re&-oov', derived from  7re-rds'vvgu, bited in the Panathenaic Frieze of the Parthenon,
"4 to expand," acId adopted by the Latins in the  now preserved in the British Museum, was the hat
form petasus, dim. petoasuncubtles, well expressed the  and scarf.  [CHILAaxYS.]  (Brunck, Aarl. i. 5,
distinctive shape of these hats.  WVhat was taken  ii. 41; Philemon, p. 367, ed. Meineke;  Pollux,
from their height was added to their width. Those x. 164.)  Among imaginary beings the same cosalready described had no brim: the petasus of tumue was comnmoily attributed to Mercury (Arnob.
every variety had a brim, which was either exactly (adv. Gent. vi.; iMartianus Capella, ii. 176; Ephipor nearly circular, and which varied greatly in its pus ap. Athzen. xii. p. 537. f), and sometimes to
width. In some cases it is a circular disk without the Diosceuri.
any crown at all, and often there is only a depres-    Ancient authors mention three varieties of the
sion or'slight concavity in this disk fitted to the  petasus, the Thessalian (Dion Cass.. c.; Callilm.
top of the head.  Of this a beautiful example is Frag. 124; Schol. in Sop/1s. Oed. 6Co. 316), the
presented  in a recumbent statue of Endymion, Arcadian (Brunck, Anal. ii. 384; Diog. Lalrt. vi.
habited as a hunter, and sleeping on his scarf:  102), and the Laconian (Arrian. Tact. p. 12, ed.
this statue' belongs to the Townley Collection in  Blancardi); but they do not say in what the dif



PISTOR.                                           PLACGIUM.                  91
ference consisted   In like manner it' is by no
means clear in what.respects the CAUSIA differed                           A
firom the petasus, although they are distinctly op-          \g
posed to one another by a writer in Athenaeus                            //
(xii. p. 537, e).  Moreover in the later Greek an- 
thors we find 7rAos used to denote a hat of other
materials besides felt. (Athen. vi. p. 274-.)           /
On the use of felt in covering the feet see UDo.
Felt was likewise used for the lining of helmets.
[GALEAL.] For further illustrations of this subject,
see Yates's Teltrienum AAtiquorzem., P. 1. A.  pencli B.                                  J.  Y.]
PILI'CREPUS.  [PIL-..]
PILUM.  [HASTA.]                                   Bread was not generally made at home at
PINACOTHE'CA  (rriam,;sKs1), a picture-  Athens, but was sold in the market-place chiefly
gallery.  Marcellus, after the capture of Syracuse, by women, called &p'o'rcTAstes. (Compare Aristopl.
first displayed the works of Greek painters and  Ve sp. 1389, &mc.)  These women seem  to have
sculptors to his countrymen, whose taste for the fine  been what the fish-wolmen of London are at prearts was gradually matured by the conquests of L. sent; they excelled in abuse, whence Aristophanes
Scipio, Flamininus, and L. Paullus, and grew into  (Razn. 856) Says, XWoopesOat 5o-rep apioyroAlas.
a passion after the spoils of Achaia had been trans- (Becker, Clzarikles, vol. i. p. 284.)
ported by TMummius to Rome.  Objects of this    PISTR1I'NUM.  [Mo.LA; MORTARIUM.]
description were at first employed exclusively for    PLAGA.  [RETE.]
thle decoration of temples and places of public resort,    PLAGIA'RIUS.  [PLAGIUM.]
hut private collections were soon formed; and to-    PLA'GIUM.  This offence was the subject cf
wards the close of the republic we find that in the  a Fabia Lex, which is mentioned by Cicero (Pro
houses of the more opulent a room was devoted to  Rabirio, c. 3), and is assigned to the consulship of
the reception of paintings and statues.  (Varro,  Quintus Fabius and M. Claudius Marcellus, n. c.
]?. R. i. 2. 59; Cic. in TVeer. i. 21.)  In the  183; but without sufficient reason.  The chief
tile of,Augustus, Vitrnvius includes the pinlaco- provisions of the Lex are collected from the Digest
theca amiong the ordinary apartments-of a complete  (48. tit. 15. s. 6): "if a freeman concealed, kept
mansion, and gives directions that it should be of confined, or knowingly with dolus malus purchased
ample size and facing tile north, in order that the  asl ingenuus or libertinus against his will, or parliglt might be equable and not too strong. (Yritruv. ticipated in any such acts; or if he persuaded
i. 2, vi. 5. 7; compare Plin. It. A. xxxv. 2. 7. another person's male or female slave to run away
I1    Mazois, Le Palais dle Seamsus, cap. ix.   from a master or mistress, or without the consent
Becker, Gallus, vol. i. p. 92.)      [AV. R.]    or knowledge of the master or mistress concealed,
PISCATO'RII LUDI.  [LUDI PISCATORmI.]  kept confined, or purchased knowingly with dolus
PISCI'NA, properly a fish-pond, either of salt- mualus such male or female slave, or participated in
water or of fresh (see the passages in Forcellini any such acts, he was liable to the penalties of the
and Freund) denotes also any kind of reservoir, Lex Fabia."  The penalty of the Lex was pecuespecially those connected with the aqueducts and  niary, and the consequence was Infamia; but this
the baths. (AQUAED UCTJUS, p. 114, a; BAI NEAE, fell into disuse, and persons who offended agailst
pp. 189, b., 19. a.)                   [P. S.]   the lex were punished, eitler by being sent to
PISTILLUM.  [MoRTARIUam.]                       work io the mines or by crucifixion, if they were
PISTOR  (&pro7rods), a baker, from pissere to  hinmiliores, or with confiscation of half of their
pound, since corn was pounded in mortars be- property  or perpetual relegation, if they were
fore the invention of mills.  [MoLA.]  At Rome  honestiores. The crime of kidnapping men becamee
bread was originally made at home by the women  a common practice and required vigilant pursuit
of the house; and there were no persons at Rome  (Suetonius, Octarvian. c. 32).  A Senatusconsultum
who made baking a trade, or any slaves specially  ad Legemi Fabiam  did not allow a master to give
kept for this purpose in private houses, till B. c. or sell a runaway slave, which  was technically
173.  (Plin. II.ITN. xviii. 11. s. 28.)  In Varro's called "fugam  vendere;" but the provision did
time, however, good bakers were highly prized, not apply to a slave who was merely absent, nor
and great sums were paid for slaves who excelled  to the case of a runaway slave when the master
in this art.  (Gell. xv. 19.)  The name was not had commissioned any one to go after him  and
confined to those who made bread only, but was sell him: it was the object of the provision to enalso given to pastry-cooks and confectioners, in  courage the recovery of runaway slaves. The name
which case however they  were usually called  of the Senatusconsultum, by which the Lex Fabia
pistores dzlciarii or candidarii.  (Mtart. xiv. 222; was amended,-does not appear. The word Plagiuln
Orelli,'Ilser. n. 4263.)  The bakers at Rome, like  is said to come from the Greek 7r'Xdyos, oblique,
most other tradespeople, formed a collegirlm. (Dig. indirect, dolosus.  But this is doubtful.  Schrader
3. tit. 4. s. 1; 27. tit. 1. s. 46.)              (Inst. 4. tit. 18. ~ 10) thinks that the derivation
Bread was often baked in moulds called artoptae, from plaga (a net) is more probable.  lie who
and the loaves thus baked were terIsed a'topticii. committed plagium  was plagiarius, a word which
(Plin. I. 1N. xviii. 11. s. 27, 28; Plhut. A2dul. ii. Martial (Ep. i. 53) applies to a person who falsely
9. 4.)  In one of the bakehouses discovered at gave himself out as the author of a book  and in
Pompeii, several loaves have been found apparently  this sense thle word has come into common use in
baked in moulds, which may therefore he regarded  our language.  (Dig. 48. tit. 15; Cod. 9. tit. 20;
as artosliczi; they are represented below.  Trhe   Paulus, S. R. i. tit. 6 A.; Rein, Duos Crismiznirlecht
are flat and about eighlt inches in diameter.      der I/olrier, p. 386.)                  [0. L.]




922              PLA\NETAE.                                       PLANETAE.
PLANE'TAE, s. STELLAE ERRANTES (rXa'a-  mentioned specifically as five in number (i~Aios Acd'ra s. 7rXAavwyEvol &rEpers as opposed to a' &7rAeav'  oeA2fvr  Kca  7rre'e 6AXXa 6cTpa  7riKcAv eXor'a
TCr&  &r-Tpwv).  The popular astronomy of the early  wxav4rait), and in the same passage, we for the
Greeks was chiefly confined, as is pointed out else- first time meet with the name Hermes as connected
where [ASTRoONoMIA], to a knowledge of the  with one of these (E~oocppoov Be KaIl Tlby lepb'Epmorning and evening risings and settings of the  uoO XNEyoy'Me'ov).  It is not, however, until we come
brightest stars and most remarkable constellations,  down to the Epinomis, the work of some disciple'
since upon these observations the formation and  of Plato, that the whole five are enumerated, each
regulation of the primitive kalendars in a great with a distinguishing appellation derived from a
measure depended.  No single star was more likely  god: Tro -ro Kpo'Yov, r'bY -roi A6S, 7bs ToO'Apeos,
to attract attention under such circumstances than  r'17' -rgs'AcppoTI7rS,'byV roO'Epgaoi;.  In the tract,
the planet Venus, and accordingly Thie Ml1orning  Hepl tclofuov, found among the writings of Aristotle,
Star ('Ewco'pdpos) is placed first among the stellar although probably not from  his pen, we are furprogeny: of Erigeneia in the T/leogony (381) -   nished with a second set of names -  aalvv for the
roms Be [UeT' (SC. ~&v/ouS) a&-erpXa  i'EWe- Tstar of Kronus; 4aeOwv, for that of Zeus; Hlvpldts,
(pOpov'Hprys'semea                         for that of Ares; (cwcpldpos, for that of Aphrodite;
etrpxa smeXe Aslawe7riera -d 7 Oi~PCuS iEcps- eIa:2TLhAGwv, for that of Hermes; and these seem to
va-Ta sre   |au,7r~r6WV~   Ta' T ov'phave been the ordinary designations employed by
VWwai,.,                                men of science.  It is here stated also, that IIvpoEs%while both the Morning Star ('Eaodppos), and the  was by some termed the star of Herakles, and
Evening Star (~'Ea7repos), are named in the Ho-  that 2riXowvr was by some termed the star of Apollo.
meric poems (II. xxii. 317, xxiii. 226, comp. Od. Pliny gives additional variations, for in his list
xiii. 93), where they are evidently regarded as they are catalogued as SIDus  SATIURNI, JOVIS,
distinct from one another.  According to Apollo- MARTIS S. HERCULIS, VENERIS s. JUNONIS S.
dorus, in the second book of his work rIepL bevP, IsIDIS s. MATRIS DEUM (Lucifer, Vesper), MEnt
Pythagoras was the first who surmised that,wo- cuva s. APOLIINIS; and these may be still farther
pdpos and'E-7repos were one and the same, but by  increased from Achilles Tatius, the grammarians
P'havorinus the honour of this discovery is ascribed, and the lexicographers.
to Parmenides.  The latter certainly looked upon    The Earth being generally regarded as the centre
this body, which he called both'E&o and'"Eo7rpos, of the Universe, the Moon was believed to be
ns altogether different in its nature from the fixed  nearest to it, then the Sun, Venus, and Mercury;
stars, for he placed it in his highest region or aether; beyond these was Mars, beyond Mars was Jupiter,
below it, but also in the aether, was the sun, and  beyond Jupiter was Saturnus, the fixed stars being
below the sun, in the fiery region (ey -~ svrupca8i), the most remote of all.  But while astronomers
which he calls obmpavbs, were the fixed stars.  The  for the most part agreed in placing the Sun, Venus,
term 7rXaavy7Ta seems, if we can trust Plutarch and  and Mercury between the Moon and Mars, the
Stobaeus, to have been recognised as early as the  greatest diversity of opinion obtained with regard
epoch of Anaximander, according to whom the sun  to their relative position.  According to some, the.stood highest in the universe, next below was the  Sun was the nearest of the three to the Earth, acmoon, and then the fixed stars and the planets (6rbi cording to others the most distant, while a third
ie aeruobs  & &arAeu Tm &0-Trpwv mcal Toi S -ImrXeaa-  set of philosophers assigned to it the middle place
-ras).  Empedocles supposed the fixed stars to be  between Venus and Mercury.  In like manner,
imbedded in the crystalline sphere, which, accord- some supposed that Mercury was nearer to the
ing to his system, enveloped all things, but the  Earth than Venus, others the reverse, and every
planets to be detached from it, thus implying the  possible combination of the three bodies was exnecessity felt for some theory, which should account hauLsted.
for their erratic course. Democritus wrote a trea-    Saturnus was believed to perform  a complete
tise Ilepl  m' 7rXaVYrTcVY, among which he reckoned  revolution in thirty solar years, Jupiter in twelve,
the Sun, the Moon, and  oWo'qri0poY, but, as yet, calculations approaching very nearly to the truth.
their number had not been determined.  This is  The period of Mars was fixed at two years, a deexpressly affirmed by Seneca (Quaest. Nat. vii. termination less accurate than the two former,
3), " Democritus subtilissimus antiquorum omnium  but not very wide of the truth. As to Venus and
suspicari ait se plures stellas esse quae currant; Mercury, not even an approximation was made, for
sed nec numerum illarum  posuit, nec nomina, non- they were both believed to perform their revolution
dum comprehensis quinque siderum cursibus. Eu-  in exactly, or very nearly the same time as the Sun:
doxus ab ]Egypto hos motus in Graeciam transtu-  Pliny, who affects great precision in this matter,
lit."  But although Eudoxus may have been the  fixes 348 days for Venus, and 339 days for Mercury.
first to communicate scientific details with respect    Saturnus being thus removed to a great distance
to the orbits and movements of the planets, Philo- from the source of heat was naturally viewed as
laus, a Pythagorean, who flourished more than a  possessing a cold and icy character (gelidae ac
century earlier, was certainly acquainted with the  rigentis noatlr'e - f-igida stella Saturni), IIars, on
whole five, for he maintained that there was a  the other hand, as of a hot and fiery nature,
central fire around which the ten heavenly bodies  while Jupiter which lay between them enjoyed a
(8eKa o'-ueara  ecua) revolved.  Of these, the most temperature made up by the combination of the
remote from the centre was obpavbs, that is, the  extremes. The astrologers caught up these notions,
sphere containing the fixed stars, next in order and uniting them with the legends of mythology,
were the planets, then the sun, then the moon, then  adapted them  to their own purpose, uniformly
the earth, and, below  the earth, the Anticthon  representing the influence of Saturnus as malign,
(a&mr[iXO0v, see Arist. de Coelo, ii. 13), thus com- and that of Jupiter as propitious.
pleting the number ten if we reckon the planets as    Haec tamen'ignorat, quid sidus triste minetur
five.  In the Timaeus of Plato, the planets are.   Saturni.                     Juv. vi. 569.




PILAUSTRUM.                                         PLEBES.                  923
Saturnumque gravem nostro Jove frangimus una. woodcut, and in the sculptures on the arch of
Pers. v. 48.    Septimius Severus at Rome.  Although  these
Te Joxvis impie    -        wheels were excellent for keeping the roads ill
Tutela Saturno  refulgens               repair and did not cut up the fields, yet they
Eripuit.                             rendered it necessary to take a long circuit in
Her. Cares. ii. 16. 22.   turning.. They advanced slowly. (Virg. Geosp. i.
138.) They also made a loud creaking, which
It must be understood that in the above remarks, was heard to a great distance (stridentia plsaustra,
we have confined ourselves entirely to the popular Virg. Georg. iii. 536; gementia, Aen. xi. 138).
notions which prevailed among the ancients with- Their rude construction made them liable to bee
out attempting to trace the progress of scientific  overturned with their load of stone, timber, manure,
observation, a subject which belongs to a formal or skins of wine (Juv. iii. 241-243), whence thehistory of astronomy, but does not fall within our Emperor Hadrian prohibited heavily loaded waglimits. (Plut. de Placitis Philos. ii. 14, 15, 16; gons from entering the city of Rome.  (Spartian.
Stob. Ecl. Phys. i. 23. ~ 1, 25. ~ I; Diogen. Laert. fHadr. 22.) The waggoner was sometimes required
viii. 14, ix. 23; Arat. Phaen. 454; Gemini Ele- to aid the team with his shoulder.  Accidents of
mnenta Ast-ron. c. 1; Achill. Tat. Isag. ad Asrat. this kind gave origin to the proverb " Plaustrum
PPhcen. xvii.; Lydus, De Mens. v. &c.; Cic. de perculi," meaning  " I have had a misfortune."
Nat. Deor. ii. 20; Plin. H. N. ii. 6. 8; Tac. Ilist. (Plaut. Epid. iv. 2. 22.) Carts of this description,
v. 4; Macrob. Soens. Scip. 4.)       [W. R.]   having solid wheels without spokes, are still used
PLA'STICA.  [STATUARIA.]                      in Greece (Dodwell's Tour, vol. ii. pp. 102, 103)
PLJAUSTRUM or PLOSTRUM. dimz. PLOS- and in some parts of Asia.  (Sir R. K. Porter's
TELLU.M  (&tuaSa, dint. aeuaest), a cart or waggon. Tr vels, vol. ii. p. 533.)         EJ. Y.]
This vehicle had commonly two wheels, but some-    PLEBE'II LUDI.  [LUDI PLEBEII.]
times four, and it was then called the plaustr'uis  PLEBES or PLEBS. PLEBEII. This word
Ameus.  The invention of four-wheeled waggons is contains the same root as im-pleo, comsi-pleo, &c.,
attributed to the Phrygians. (Plin. II. N. vii. 56.) and is therefore etymologically connected with
Besides the wheels and axle the plaustrum con- IrArXios, a term which was applied to the plebeians
sisted of a strong pole (tezmo), to the hinder part of by the more correct Greek writers on Roman hiswhich was fastened a table of wooden planks. tory, while others wrongly called them  i,1tos or ol
The blocks of stone, or other things to be carried, a8r71OTriCO.
were either laid upon this table without any other    The plebeians were the body of commons or the
support, or an additional security was obtained  commonalty of Rome, and thus constituted one of
by the use either of boards at the sides (7rmpreepia, - the two great elements of which the Roman nation
Heom. Od. vi. 70; Plato, Theaet. p. 467, Heindorf.) consisted, and which has given to the earlier periods
or of a large wicker basket tied upon the cart of Roman history its peculiar character and in(reipLvr, Hoem. I. xxiv. 267, Od. xv. 131). The  terest.  Before the time of Niebuhr the most in.
annexed woodcut, taken from a bas-relief at Rome, consistent notions were entertained by scholars with
exhibits a cart, the body of which is supplied by a regard to the plebeians and their relations to the
basket.  Similar vehicles are still used in many  patricians; and it is one of his peculiar merits to
parts of Europe, being employed more especially  have pointed out the real position which they octo carry charcoal.                               cupied in the history of Rome.
The ancients themselves do not agree respecting
the time when the plebeians began to form a part'     of the Roman population.  Dionysius and Livy
represent them as having formed a part of the Roi? I1A            s eamrly as the time of Romulus, and sene
to consider them as the clients of the patricians, or
/~'/';!as the low multitude of outcasts who flocked to
I9/'l.  Rome at the time when Romulus opened the asylum.  (Dionys. i. 8; Liv. i. 8.)  If there is any'-= >I, =:im               truth at all in these accounts of the early existence
of the plebeians, we can only conceive them  to
-                    Am__-,y__~.....~........have been the original inhabitants of the districts
occupied by the new settlers (Ramnes or Romans),
In many cases, though not universally, the  who, after their territory was conquered, were kept
wheels were fastened to the axle, which moved, as in that state of submission in which conquered nain our children's carts, within wooden rings adapt-  tions were  so frequently held in early times.
ed for its reception and fastened  to the body. There are also some other statements referring to
These rings were called in Greek &/.aMo7roGes, in  such an early existence of the plebeians; for the
Latin alsbusculae.  The parts of the axis, which re- clients, in the time of Romulus, are said to have
volved within them, were sometimes cased with  been formed out of the plebeians. (Dionys. ii. 9;
iron. (Vitruv. x. 20. ~ 14.) The commonest kind  Plut. Roiesul. 13; Cic. d  Re Re Publ. ii. 9; Fest.
of cart-wheel was that called tfynpcaonu7s, " the  s. v. Patrocinia.)  In the early times of Romre the
drum," from its resemblance to the musical instrt-  position of a client was in many respects undoubtment of the same name. (Varro, de Re Rust. iii. 5; edly far more favourable than that of a plebeian,
Virg. Georg. ii. 444.)  It was nearly a foot in  and it is not improbable that some of the plebeians
thickness, and was made either by sawing the  may for this reason have entered into the relation
trunk of a tree across in an horizontal direction, or of clientela to some patricians, and have given up
by nailing together boards of the requisite shape  the rights which they had as free plebeians; and
and size.  It is exemplified in the preceding  occurrences of this kind may have given rise to the




924                PLEBES,                                             PLEBES.
story mentioned by the writers just referred to. A   compare Niebuhr, Hist. of Rome, ii. p. 120  Beckier,
recent writer, Dr. W. Ihne (Forsc2hueqen  eq' den  Handbuzcl  de? Riim. A lterth. ii. 1. p. 133, &c.), which
Gebietedes RRhn. Veifctssuznqsgesclsic~lte,Frankf. 1847)  showvs that both were synonymous.  That the plehas undertaken with very plausible arguments to  beians did not belong to the patrician gentes, is,
prove that originally plebeians and clients were the  expressly stated by Livy (x. 8).  The only point,
same people, and that originally all the plebeians  of contact between the two estates was the army,
were clients of the patricians, from which dependent for after the conquest of Alba, Tullus Ilostilius.
relation they gradually emancipated themselves.    doubled the number of legions of the Roman army.
Whatever may be thought of the existence of (Liv. i. 30.)  Livy also states that Tullus Hostilius
plebeians at Rome in the earliest times, their num- formed ten new- turmae of equites, but whether
ber at all events cannot have been very great. The  these new  turmae consisted of Albans, as Livy
time when they first appear as a distinct class of says, or whether they were taken from the three
Roman citizens in contradistinction to the patri- old tribes, as Ghittling (Gesch. d. R;o?. S'ltaatsl.
cians, is in the reign of Tullus Hostilius.  Alba, p. 225) thinks, is only matter of speculation.  The
the head of the Latin confederacy, was in his reign  plebeians were thus obliged to fight and shed their
taken by the Romans and razed to the ground. blood in the defence'and support of their new felThe most distinguished of its inhabitants were  low-citizens without being allowed to share any of
transplanted to Rome and received among the patri- their rights or privileges, and without even the
cians; but the great bulk of Alban citizens, some  right of intermarriage (connzbiumz).  In all judiof whom were likewise transferred to Rome, and  cial matters they were entirely at the mercy of the
received settlements on the Caelian hill, were kept patricians, and had no right of appeal against any
in a state of submission to the populus Romanus or unjust sentence, though they were not, like the
the patricians.  This new population in and about clients, bound to have a patronus. They continued
Rome, combined,perhaps, with the subdued original to have their own sacra which they had had before
inhabitants of the place, which in number is said to  the conquest, but they were regulated by the pahave been equal to the old inhabitants of the city  trician pontiffs.  (Fest. s. i..  lzuniczigalia sacsa.)
or the patricians, were the plebeians.  They were  Lastly, they were free land-owners, and had their
Latins, and consequently of the same blood as the  own gentes.  That a plebeian, when married to a
Itamnes, the noblest of the three patrician tribes.  plebeian woman, had the patria potestas over his
(Liv. i. 30; DionSs. iii. 29, 31; Val..Max. iii. 4. children, and that if he belonged to a plebeian
~ 1.)  After the conquest of Alba, Rome, in the  gens, he shared in the jura and sacra gentilicia of
reign of Ancus Marcius, acquired possession of a  that gens, are points which appear to be self-eviconsiderable extent of country containing a number  dent.
of dependent Latin towns, as Medullia, Fidenae,    The population of the Roman state thus conPolitorium, Tellenae, and Ficana.  Numbers of sisted of two opposite elements; a ruling class or
the inhabitants of these towns were again trans-  an aristocracy, and the commonalty, which, though
planted to Rome, and incorporated with the ple-  of the same stock as the noblest among the rulers,
beians already settled there, and the Aventine was  and exceeding them in numbers, yet enjoyed none
assigned to them as their habitation.  (Liv. i. 33; of the rights which might enable them  to take a
Dionys. iii. 31, 37.)  Many, however, remained in  part ill the management of public affairs, religious
their original homes, and their lands were given  or civil.  Their citizenship resembled the relation
back to them  by the Romans, so that they re- of aliens to a state, in which they are merely tolemnained free landel-owners as much as the conquerors  rated on condition of performing certain services,
themselves, and thus were distinct from the clients. and they are, in fact, sometimes called peregrini.
The order of plebeians or the commonalty, which  WVhile the order of the patricians was perfectly
had thus gradually been formed by the side of the  organized  by its division into curiae, decuriae,
patricians, and which far exceeded the populus in  and gentes, the commonalty had no such organizanumber, lived partly in Rome itself in the districts  tion, except its division into gentes; its relations
above mentioned, and partly on their former estates  to the patricians also were in no way defined,
in the country subject to Rome, in towns, villages, and it consequently had no means of protecting
or scattered farms.  The plebeians were citizens, itself against any arbitrary proceedings of the
but not optimo jure; they were perfectly distinct rulers.  That such a state of things could not last,
from the patricians, and were neither contained in  is a truth which must have been felt by every one
the three tribes, nor in the curiae nor in the patri-  who was not blinded by his own selfishness and
cian gentes.  They were consequently excluded  love of don-inion.  Tarqninius Priscus was the first
from  the comitia, the senate, and all civil and  who conceived the idea of placing the plebeians oem
priestly offices of the state.  Dionysiss is greatly  a footing of equality with the old burghers, by dimistaken in stating that all the new citizens were  viding them  into three tribes, which he intended
distributed among  the patrician curies, and under  to call after his owvn name and those of his friends.
this error he labours throughout his history, for he  (Verrius Flaccus, adp. Fest. s. v. Ncvias; Liv. i. 36,
conceives the patricians and plebeians as having  &c.; Dionys. iii. 71; Cic. de Re Publ. ii. 20.) But
been united in the comitia crniata (iv. 12, ix. 41).  this noble plan was frustrated by the opposition of
That the plebeians were not contained in the curies, the augur Attus Navits, who probably acted the
is evident from the following facts: -  Dionysius  part of a representative of the patricians. All that
himself (iv. 76, 78) calls the curies a patrician as-  Tarquinius could do was to effect the admission of
sembly; Livy (v. 46) speaks of a- lex curiata, which  the noblest plebeian famnilies into the three old
was made without any co-operation on the part of tribes, who, however, were distinguished from the
the plebeians; and those, who confirm the election  old patrician families by the names of Ramnes,
of kings or magistrates and confer the imperium, Tities, and Luceres secundi, and their gentes are
are il some passages called patricians, and in others  sometimes distinguished by the epithet minores,
curiae (Dionys. ii, 60, vi. 90, x. 4; Liv. vi. 42; as they entered into the same relation in which tile




PLEBES.                                             PLEBES.                   925
Luceres had becn to the first two tribes, before the  the amount of their property.  Taxation and the
timue of Tarquinius.  (Fest. s. v. Sex Vestae Sacer- military duties were arranged according to these
dotes.; Cic. dz Re Pz6bl. ii. 20; Liv. i. 35, 47.) classes in such a manner, that the heavier burdens
This measure, although an advantage to the most fell upon the wealthier classes.  The whole body
distinguished plebeian families, did not benefit the  of citizens thus divided was formed into a great
plebeians as an order, for the new  patricians national assembly called comitiatus maxilnus or
must have become alienated front the commonalty, comitia centuriata.  [ComrTIA, p. 333, &c.]  In
while the patricians as a body were considerably  this assembly the plebeians now met the patricians
strengthened by the accession of the new families.  apparently on a footing of equality, but the votes
It was reserved to his successor, Servius Tullius, were distributed in such a way that it was always
to give to the commlonalty a regular internal organi- in the power of the wealthiest classes, to which the
zation and to determine their relations to the pa- patricians naturally belonged, to decide a question
tricians.  The intention of this king was not to  before it was put to the vote of the poorer classes.
upset the old constitution, but only to enlarge it so A great number of such noble plebeian families, as
as to render it capable of receiving within itself  after the subjugation of the Latin towns had not
the new  elements of the state.  He first divided  been admitted into the curies by Tarquinius Pristhe city into four, and then the subject country  cus, were now constituted by Servius into a number
around, which was inhabited  by plebeians, into  of equites, with twelve sufifagia in the comitia
twenty-six regions or local tribes (Liv. i. 43; centuriata.  [EQUITEs, p. 471.]  Lastly, Servius
Dionys. iv. 14, &c.), and in these regions he  Tullius is said to have regulated the commerassigned lots of ialnd to those plebeians who were  cium between the two orders by about fifty laws.
yet without landed property. Niebuhr (ii. p. 162)  (Dionys. iv. 13; NotLovs robs [El' o'uWaXaK7-L.
thinks that these allotmlents consisted of seven Icos cral rovs 7repl -&Ov a8uc/'wv; compare v. 2,
jugera each, an opinion which is controverted by  vi. 22; Gbttling, p. 240; Becker,. c. p. 1 56.)
GCttling (p. 239, &c.).  As regards the four city-    In this constitution the plebeians, as such, did
tribes, it should be observed that the Aventine inot obtain admission to the senate, nor to the highest
and the Capitol were not contained in themn: the  magistracy, nor to any of the priestly offices.  To
former forming a part of the country tribes, and  all these offices the patricians aloile thought them.
the latter being, as it were, the city of the gods. selves enltitled by divine right.  The plebeians
(Varro, cle Liy. Lat. v. 56, ed. A[iiller.)  The  also continued to be excluded from  occupying any
twenty-six country tribes are not mentioned  by  portion of the public land, lwhlich as yet was only,ivy in his account of the Servian constitution, and  possessed by the patricians, and were only allowed.
where lie first speaks of the -vwhole number of tribes  to keep their cattle upon the common pasture, for
(i;. 21; compare Dionys. aii. 64), he only men- -vvwhich they had to pay to the state a certain stun.
tions twenty-one instead of thirty.  Niebuhr (i. It is true that by the acquisition of wealth pleo
p. 418) is undoubtedly right in reconciling  this  beieans might becomle members of the first property
number with the thirty tribes of Servius by the  cl ass, and that thus their votes in the comniti
sllpposition, that in the war with Porsenna Rome  might become of the same weight as those of the.
lost one third of her territory, i. c. tell tribes, so  wealthy patricians, but the possibility of acquiring
that there xwere only twenty left.  As, there- such wealth was diminished by their being exfore, after the ilmmigration of the Claudii and their cluded from  the use of the ager publicus. Niebuhr
clients, a new  tribe  vas formed (Liv. ii. 16), (i. p. 430, &c.) inlfers firom the nature of the Ser-,,ivy is right in mentioning only twenty-one tribes. viai constitution that it mutst have granted to the
These thirty Servian tribes did lnot, at least origi- plebeians greater advantages than those mentioned
nally, contain any patricians, and ecen after the  by our historians: lie conceives that it gave to
Claudii had come to Rome, it is not necessary to  them the right of appeal to their own assembly, and
suppose that the gens Claudia, wlhich wvas raised to  to pass senltence upon such as grossly infringed their
the rank of patrician, was contained in the new  liberties, in short that the Servian  constitution
tribe, but the new tribe probably consisted of their placed them  on tile same footing in regard to the
clients to whoml lands were assigned beyond the  patricians, as wvas afterwards permanenltly effected
Anio.  (Liv. 1. c.; compare TIIBus.) Somle of the  by the laws of C. Licinius and L. Sextius.  There
clients of the patricians, howvever, were probably  is no doubt that such might anld should have been
conltained in the Servian tribes.  (Dionys. iv. 22, the case, but the arguments xwhich hlie brings for&c.)  Each tribe had its praefect called tribunus. ward in support of his hypothesis do not appear to
(Dionys. iv. 14; Appian, B. C. iii. 23; TmIBUNUs.)  be convincing, as has been pointed out by Gbttliing
The tribes had also their own sacra, festivals, and  (p. 265, &c.).  All that we know  for certain is,
meetings (cornitia tribute), which were convoked  that Servius gave to the body of the plebeians an
by their tribunes.                                  internal organlization by the establishment of the
This division into tribes wvith tribunes at their thirty plebeian tribes, and that in the colllitia cenbeads wras no more than ai internal organization  turiata li he placed them, at least apparently, on a
tf the plebeians, analogous to the division of the  footing of equality with the populus.  Whether he
patricians into thirty  curiae, without conferring linteIlded to do more, or would ]-Xhave dolle more ir
ulPon them the right to interfere in any way in the  it had been in his power, is a different question.
management of public affairs, or in the elections, But facts, like those stated above, were, sufficient
which were left entirely to the senate and the  at a later period, when the benefits actuallly concuriae.  These rights, however, they obtained by  ferred upon the plebeians were taken alvay froml
another regulation of Servius Tullins, which wxas them, to make the grateful comonalty look upols
nmade wholly independent of the thirty tribes. For that king as its great patron, and even regard himi
this purpose he instituted a census, and divided  as having granted all those rights which subsethe whole body of Roman citizens, plebeians as quently they acquired after many years of hard
well as patricians, into five classes, according to  striggle.  Thus what he actually haid done, was




926                PLEBES.                                             PLEBES.
exaggerated to what he possibly might have done, ing more.  The struggle which thus originated beor would have wished to do.  In this light we  tween the two parties, is, as far as the commonalty
have to regard the story that he intended to lay  is concerned. one of the noblest that has ever been
down his royal dignity and to establish the govern- carried on between oppressors and oppressed.  On
ment of two consuls, one of whom  was to have  the one hand we see a haughty and faithless olibeen a plebeian.                                   garchy applying all means that the love of dominion
During the reign of the last king the plebeians  and selfishness can devise; on the other hand, a
not only lost all they had gained by the legislation  commnonalty forbearing to the last in its opposition
of his predecessor (Dionys. iv. 43, 44); but the  and resistance, ever keeping within the bounds of
tyrant also compelled them to work like slaves in  the existing laws, and striving after power, not for
his great architectural works, such as the cloacae  the mere gratification of ambition, but in order to
and the circus.                                    obtain the means of protecting itself against fraud
On the establishment of the republic, the comitia  and tyrannyl   The details of this struggle belong
centuriata, and perhaps the whole constitution, to a history of Rome and cannot be given here; we
such as it had been before the reign of the last Tart-  can only point out in what manner the plebeians
quinius, were restored, so that the patricians alone  gradually gained access to all the civil and religicontinued to be eligible to all the public offices. ous offices, until at last the two hostile elements
(Liv-. iv. 6, vi. 40, &c., x. O.)  That the comitia  became united into one great body of Roman citicenturiata were restored immediately after the  zens with equal rights, and a state of things arose
banishment of the Tarquins, may be inferred from  totally differemnt from what had existed before.
the words of Livy (i. 60), who says, that the first    After the first secession, in B. c. 494, the pleconsuls were elected ex coinzmeztacriis Servii Tdllii, beians gained several great advantages.  First, a
for these words probably refer to the coinitia  law  was passed to pIrevent the patricians from
centuriata, in which, according to the regulations  taking usurious interest of money which they freof king Servius, the elections were to be held.  quently lent to inlpoverished plebeians (Dionys.
There was still no coiIrmmbium  between the two  vi. 83); secondly, tribunes were appointed for the
orders, and the populus was still in every respect protection of the plebeians [T'RIsBclN]; and lastly,
distinct from the plebs.  Considering the fact that plebeian aediles  were appoinlted.   [AEDILES.]
the patricians  reserved for themselves  all the  Shortly after, they gained the right to summon
powers which had formerly been concentrated in  before their own comitia tributa any one who had
the king, and that these powers were now given to  violated the rights of their order (Fest. s. v. Sacer
a number of patrician officers, we must admit that snons; Gbttling, p. 300, &c,), and to make decrees
the plebeians at the commencement of the republic  (plebiscitc), whicb,   however,  did not become
were worse off than if the kingly rule had coil-  bindinlg upon the whole nation until the year a. c.
tinued under the institutions introduced by Ser-  449.  [PLEsr SCrTuM.]  A  few  years after this
vius. They, however, soon gained some advantages.  (445, 1;. c.), the tribune Calluleius established, by
The vacancies which had occurred in the senate  his rogations, the colnubima between patricians
during the reign of the last king were filled up  and plebeials. (Liv. iv. 44, v. 11, 12; Dionys. x.
with the most distinguished among the plebeian  60, xi. 28; Cic. d e Pe mubl. ii. 37.)  He also
equites ( ptres conscripti, Liv. ii. 1; Dionys. v. 13; attempted to divide the consulship between the
Fest. s. v. Qui patres; Plut. Public. 11; SENATvS), two orders, but the patricians frustrated the realisaand Valerius Publicola carried a number of laws by  tion of this plan by the appointment of six miliwhich the relations between patricians and ple-  tary tribunes, who were to be elected from both
beians were more accurately defined than they had  orders.  [TRIBUNI.]   But that the  plebeians
hitherto been, and which also afforded some pro- might have no  share in the  censorial power,
tectionto the plebeians. [LEGES V.ALEtIAE.] Both  with which the consuls had been invested, the
orders acted in common only in the army and the  military tribunes did not obtain that power, and
comitia centuriata, in which, however, the patri-  a new  curule dignity, the censorship, was estacians exercised an overwhelming influence through  blished, with which patricians alone were to be ilnthe number of their clients who voted in them; vested. [CENSOR.]  Shortly after the taking of
and in addition to this all decrees of the centuries  Rome by the Gauls, we find the plebeians again in
still required the sanction of the curiae.  Notwith-  a state little better than that in which they had
standing these disadvantages, the plebeians occu-  been before their first secession to the mons sacer.
pied a position which might soon have enabled  In B. c. 421,- however, they were admitted to the
them  to rise to a perfect equality with the patri-  quaestorship, which opened to them  the way into
cians, had not a great calamity thrown them back, the senlate, where henceforth their number conand put an end to their political progress.  This  tinned to increase. [QutA;STOR; SENATUS.]  In
was the unfortunate war with Porsenna, in which  B. c. 367, the tribunes L. Licinius Stolo and L.
a great number (a third) of the plebeians lost their  Sextius placed themselves at the head of the comestates, became impoverished, and perhaps for a  mnonalty, and resumed the contest against the
time subject to the Etruscans.                     patricians.  After a fierce struggle, which lasted
In the meanwhile, the patricians, not satisfied  for several years, they at length carried a rogation,
with the exercise of all the authority in the state, according to which decemvirs were to be appointed
appear not seldom  to have encroached upon the  for keeping the Sibylline books instead of duumrights granted to the plebeians by the Valerian  virs, of whom half were to be plebeians. (Liv. vi.
laws. (Liv. ii. 27.)  Such proceedings, and the  37, 42.) The next great step was the restoration of
merciless harshness and oppression on the part of the consulship, on condition that one consul should
the rulers, could not fail to rouse the indignation  always be a plebeian. A third rogation of Licinius,
and call forth the resistance of the plebeians, who  which was only intended to afford momentary regradually became convinced that it was impos-  lief to the poor plebeians, regulated the rate of ilisible to retain what they possessed without acquir-  terest.  From this time forward the plebeians also




PLEBES.                                         PLEBISCITUM.                  927
appear in the possession of the right to occupy parts. pose of extending their privileges; but Ambrosch
of the ager publicus. (Livy, vii. 16; Niebuhr, iii.  (Studien ui. Andeutungen, p. 95) has rendered it
p. 1, &c.)  In B. c. 366, L. Sextius Lateranus was  more than probable that the office of curio maxi.
the first plebeian consul.  The patricians, however, mus was at that time of greater political import.
who always contrived to yield no more than what  ance than is generally believed.  It is also well
it was absolutely impossible for them  to retain,  known that such priestly offices as had little or no
stripped the consulship of a considerable part of its  connection with the management of public affairs,
power and transferred it to two new curule offices,  such as that of the rex sacrorumn, the flamines,
viz., that of praetor and of curule aedile. [AEDILES;   salii, and others, were never coveted by the plePRAETOR.]  But after such great advantages had  beians, and continued to be held by the patricians
been once gained by the plebeians, it was impos-  down to the latest times. (Dionys. v. 1,; Cic. pro
sible to stop them in their progress towards a perfect Doml. 14; Fest. s. v. 11cjolr. flam.)
equality of political rights with the patricians.  In  After the passing of the Hortensian law, the
B. C. 356 C. Marcius Rutilus was the first plebeian  political distinction between patricians and pledictator; in B. C. 351, the censorship was thrown  beians ceased, and with a few unimportant exopen to the plebeians, and in B. C. 336 the praetor-  ceptions, both orders were placed on a footing of
ship.  The Ogulhian law, in B. c. 300, also opened  perfect equality.  Henceforth the name populus is
to them the offices of pontifex and augur.  These  sometimes applied to the plebeians alone, and
advantages were, as might be supposed, not gained  sometimes to the whole body of Roman citizens,
without the fiercest opposition of the patricians  as assembled in the comitia centuriata or tributa.
and even after they were gained and sanctioned by  (Liv. xxvii. 5; Cic. ad Att. iv. 2; Gell. x. 20.)
law, the patricians exerted every means to obstruct  The term  plebs or plebecula, on the other hand,
the operation of the law. Such fraudulent attempts  was applied in a loose manner of speaking to the
led, in B. c. 286, to the last secession of the ple-  multitude or populace in opposition to the nobiles
beians, after which, however, the dictator Q. Hor-  or the senatorial party.  (Sallust, Jog. 63; Cic.
tensius successfully and permanently reconciled the  ad Att. i. 16; HI-or. Ep~ist. ii. 1. 158; Hirt. Bell.
two orders, secured to the plebeians all the rights  A4lex. 5, &c.)
they had acquired until then, and procured for their    A person who was born a plebeian, collld only
plebiscita the full power of leges b'nding upon the  be raised to the rank of a patrician by a lex curiata,
whole nation.                                      as was sometimes done during the kingly period,
In a political point of view the distinction be-  and in the early times of the republic. Caesar was
tween patricians and plebeians now ceased, and  the first who ventured in his own name to raise
Rome, internally strengthened and united, entered  plebeians to the rank of patricians, and his example
upon the happiest period of her history.  How  was followed by the emperors. [PATRICII.]
completely the old distinction was now forgotten,    It frequently occurs in the history of Rome that
is evident from the fact that henceforth both con-  one and the same gens contain plebeian as wvell
suls were frequently plebeians.  The government  as patrician families.  In the gens Cornelia, for
of Rome had thus gradually changed from an op-  instance, we find the plebeian families of the Balbi,
pressive oligarchy into a moderate democracy, in  Mammulae, Mertlae, &ec., along with the patrician
which each party had its proper illfluence and the  Scipiones, Sullae, Lentuli, &c.  The occurrence of
power of checking the other, if it should venture to  this phenomenon may be accounted for in different
assume more than it could legally claim.  It was  ways.  It may have been, that one branch of a
this constitution, the work of many generations, plebeian family was made patrician, while the
that excited the admiration of the great statesman  others remained plebeians.  (Cic. Brut. 16, de Leg.
Polybius.                                          ii. 3; Sueton, Ner. 1.)  It may also have hapWe stated above that the plebeians during their  pened that two families had the same nomen genlstruggle with the patricians did not seek power for  tilicium without being actual members of the same
the mere gratification of their ambition, but as a  gens. (Cic. Brut. 16; Tacit. Annal. iii. 48.) Agnain,
necessary means to protect themselves from  op-  a patrician family might go over to the plebeians,
pression.  The abuse which they, or rather their  and as such a family continued to bear the name
tribunes, made of their power, belongs to a much  of its patrician gens, this gens apparently contained
later time, and no traces of it appear until more  a plebeian family. (Liv. iv. 16; Plin. H. N. xviii.
than half a century after the Hortensian law; and  4.)  At the time when no connlubium existed beeven then, this power was only abused by indivi-  tween the two orders, a marriage between a patriduals, and not on behalf of the real plebeians, but  cian and a plebeian had the consequence, that the
of a degenerating democratical party, which is un-  same nomen gentilicium belonged to persons of the
fortunately designated by later writers by the name  two orders.  (Niebuhr, ii. p. 337, n. 756; Suet.
of plebeians, and thus has become identified with  Auzg. 2.)  When a peregrinus obtained the civitas
them.  Those who know the immense influence  through the influence of a patrician, or when a
which religion and its public ministers had upon  slave was emancipated by his patrician master,
the whole management of the state, will not they generally adopted the nomen gentilicium of
wonder that the plebeians in their contest with  their benefactor (Cic. ad lsame. xiii. 35, 36, c.'irr.
the aristocracy exerted themselves as much to gain  iv. 17; Appian, Civil. 100), and thus appear to
access to the priestly offices as to those of a purely  belong to the same gens with him. (Comp. Becker,
political character; as the latter in reality would  1. c. p. 133, &c.; Ihne, 1. c.)       [L. S.j
have been of little avail without the former.  The    PLEBISCIUTUM, a name properly applied to
office of curio maximus, which the plebeians sought a law passed at the Comitia Tributa on the rogaand obtained nearly a century after the Ogulnian  tion of a Tribune.  According to Laelius Felix
law  (Liv. xxvii. 6, 8), seems indeed to afford  (Gellins, xv. 27, and the note in the edition of
ground for supposing that in this instance the ple-  Gronovius), he who had authority to convene not
beians sought a distinction merely fbr the pur-  the universus populus, but only a part, could hold




928               PLUMAlRII.                                           POCULUNI.
a Concilium, but not ClllitiaL; and as the Tribunes  not be decided with certainty what their exact mccould not summon the Patricii nor refer nmy matter cupation was: their name would lead us to suppose
to them, what was voted ulpon the proposal of the  that it had solnething to do with feathers (plinc7ma).
tribunes was not a Lex, but a Scitunl.  But in  Salmasills (ad fopuisc. Carin. c. 20) supposes thatt
course of time Plebiscita obtained  the force of they were persons who wove in garments golden or
leges, properly so called, and accordingly they are  purple figures made like feathers. The word, howsometimes included in the term Leges.  [LEx.]    ever, probably signifies all those who work in fea-.The progress of change as to this matter appears  thers, as lanarii those who work  in wool, and
from  the following  passages.  A  Lex Valeria, acyenztarii those who work ill silver.  Seneca (Elj.
passed in the Comitia Centuriata B. c. 449 (Liv.  90) speaks of dresses made of the feathers of birds.
iii. 5.5, 67) enacted that the  Populus should be  (Becker, G(ollus, vol. i. pp. 44-48.)
bound (tcneretin') by that which the Plebs voted      PLU'TEUS, appears to have signified ill general
tributim; and the same thing is expressed in other any kind of protection or shelter, and was hence
words thus:  " Scita plebis injuncta patribus."  used ill the following special significations:-  1.
A  Lex Publilia, 339 B. c. (Liv, viii. 12), was  A kind of shed made of hurdles and covered with
passed to the effect that Plebiscita should bind all raw hides, which could be moved forward by small
the Quirites; and a Lex 1-lortensia B. C. 286, to  Iwheels attached to it, and under which the besiegers
the  effect that Plebiscita should bind  all the  of a town made their approaches.  (Festus, s. v.;
populus (lunivelrss poplus) as Gains (i. 3) ex-  Veget. iv. 15; Liv. xxxiv. 17.)  2. A parapet or
presses it; or, " tIt eo jure, quod plebes statuissets  breastwork made of boards and similar materials,
omnes Quirites tenerentur," according to Laelius  placed on the vallumn  of a camp, on moveable
Felix, as quoted by Gellius; and this latter is also  towers or other military engines, on rafts, the decks
the expression of Pliny (Ilist. Nat. xv. 10).  The  of ships, &c. (Festus, s. v.; Caes. Bell. Gall. vii.
Lex Hortensia is referred to as the Lex which  25, 41, 72, Bell. Civ. i. 25,)   3. The board at
put Plebiscita as to their binding force exactly on  the side of a bed.  The side at which a personl
the sanme footing as Leges.  The effect of these  entered the bed was open and called spondui: the
Leges is discussed in LEx under the several heads  other side, which was protected by a board, was
of VALERI:AE, PUBLILIAE, HORTENSIA.                 called plutens. (Suet. Ctl. 26; MIartial. iii. 91.)
The principal Plebiscita are mentioned under  [LECTUS, p. 674, b.]  4. Cases of some kinid upon
LEx.                                    [G. L.]    the walls of houses  on ewhich small statues aiid
PLECTRIJUM.  [LYRA.]                             busts were placed.  (Dig. 29. tit. 1. s. 17; Jsl.
PLEMO'CHOAE    (7rArl,oox'am.)   [ELEU-  ii. 7.)
S:NIA, p. 4,54, a.]                                   PLYNTE' RIA  (7rAvTrrpia), from  rAh'enlv, to
PLETHRON  (7rAEOpov) was originally a mea-  wash, was a festival celebrated at Athens every
sukre of surface, which is the only sense of the word  year, oni the 22nd of'Ihargelionl, in honour of
srEepo, in Homer. (II. xxi. 407, Od. xi. 577.)  Athena, surnamed Aglturos (Phot. Lae. s. v.; Pltit.
It seems to have been the fundamental land mcea- Alcib. 34; I-larpocrat. Suid. s. v.), whose temple
stre in the Greek systenl, being the square of 100  stood on the Acropolis. (Herod. viii. 53; Iesvych.
feet, that is, 10,000 square feet.  The later Greek  s. v. AIlhvr'7lpa.)  Plutarch states thalt the festivial
writers use it as the translationl of the Rolmanll jte-  took place on the 25th, but probably only because,l'Cimi, probably because thle latter was the standard  it lasted for several days. (Dodwcell, de Cyclis, p.
land measure in the Romanl system; but, in size, 349; comp. Ph/ilol. 311nls. ii. p. 234.)  The day of
the pletlroon answered more nearly to the Romlan  this festival wavs ait Athens among the arro, pci3s
actss, or lalf-jugoerumn, which was the older unlit or dlies ozefjisti; for the temple of the goddess wa-s
of land measures.  The plethlroa  would allswer cx- surrounded by a rope to preclude all commumliaictly to the  ctCus, but for the difference caused by i catioIn with it (Pollux, viii. 141); her statute was
the former being decimal (100 x 100), and the  stripped of its garments and ornaments for the purother partly duodecimal (120 x 120). The plethlros  pose of cleaning them, and was in the mneanwhile
contained 4 araruae of 2500 square feet each.       covered over to conceal it froml the siglht of maln.
*2. As frequently happened  with  the ancient (Plut. 1. c.; Xen. Iiellen. i. 4. ~ 12.) The persons
land measures, the side of the pletlhron was taken  w-ho performed this service were called 7rpa~Lepuas a measure of length, with the same name. This?ytta.  (Plut. l. c.; Hlesych. s. v.)  T'I'e city wa.s.pletllrol was equal to  100 feet (or about 101  therefore, so to speak-, onl this day without its
English feet) =  66i-T rX es- =  10 hcarYai Ol'ls;a-  protecting divinity, and anly undertakinlg  comltol.  It was also introduced into the system  of menced on it was believed to be necessarily ilnitinerary measures, being l-6th of the stadium. successful.   A procession was also held on the day
(Herod, ii. 124; comap. MiEssvn A, p. p753, b., and  of the Plynteria, in which a quantity of dried figs,
the Tables).                             [P. S.]    called 71y1vropia, was carried about.  (Etymol.
PLINTHUS  (irNAvOos), any rectangular paral- Magn.; Iesych. s. v.'Hymropia; Phot. Lc,x.
lelopiped.  1. A brick or tile. [LArER].  2, Te  s. v.)                                      [L. S.]
quadrangular piece of stone which should properly     PNYX.  [ECCLEclss, p. 440, a.]
form  the lowest member of the base of a colum,i      PO'CULU.M  was any kind of driniking-cup. It
and which may be supposed to have origrinated in nmust be distisnguished from the Cratest or vessel il
the use of a tile or a fiat piece of wood to prevent |which the wine was mixed [CATS]ER], and friom
thie shaft from  sinking into the ground; although  the Cyatlats, a kind of ladle or small cup, which
very frequently the plinth is wasting, the highest  was used to convey the wine from  the Crater to
step or other basement forming a sort of continuous  the Pocullumn or drinking-cup. [CYATHUS.]  Thus
plinth or podiau11.  [SPIRA].           [P. S.]    I orace (Chrm.11 iii. 19. 11)PLUMA'RIT, a class of persons, umentioned by I
Vitruvius (vi. 7, p.  77, ed. Bip.), Varro (ap. I                  " tribus ault novell
Arom:ium, ii. p. 716), and in inscriptions.  It cani-    M iscentur cyathis pocula commotiis,."




POLEMARCHUS.                                             POLUS.                   929
PO'DIUM, in architecture, is a continued pe-  elected annually, and from what happened when
destal, for supporting a row of columns, or serving  Phloebidas, the Lacedaemonian commander, seized
for a parapet, or forming a sort of terrace, as the  the Cadmleia or citadel of Thebes (B. C. 382), we
podiuon  in the theatre and amphitheatre. (Vitruy. may infer that in times of peace they were iniii. 3, v. 7, vii. 4; AMPHITHEATRUM.)   [P. S.]  vested with the chief executive power of the state,
POENA (Greek, 7roivi).  The Roman sense of and the command of the city, having its military
this word is explained by Ulpian (Dig. 50. tit. 16. force under their orders.  (Xen. IHell. v. 2. ~ 30.)
s. 13) at the same time that he explains Fraus  They are not, however, to be confounded with the
and Multa.  Fraus is generally an offence, Noxa; Boeotarchs. At Thespiae also (Plut. Daem7etr. c. 39)
and Poena is the punishment of an offence, Noxae  there were officers of this name, and likewise in
vindicta.  Poerna is a general name for any punish-  Aetolia (Polyb. iv. 79) and Arcadia. At Cynaetha
ment of any offence: Multa is the penalty of a  in the latter country the gates of the city were
particular offence, which is now (in Ulpian's time)  entrusted to the special care of the Polemarchs:
pecuniary.  Ulpian says in his time because by  they had to keep guard by them  in the day-time,
the Law of the Twelve Tables, the:Multa was  and to close them at night, and the keys were alpecuaria or a certain number of oxen and sheep. ways kept in their custody. (Id. iv. 18.) [R. W.]
(Plin. xviii. 3; Festus, s. vv. /Imltasz, Ieculatus.)    POLE'TAE  (t7rwrirat), a board of ten officers,
[LaEx ATERNI.N   TARPEIA.]  Ulpian proceeds to  or magistrates (for they are called &PXs by HIarsay that Poena may affect a person's caput and  pocration), whose duty it was to grant leases of thIe
existimatio, that is, Poena may be loss of citizen- i public lands and mines, and also to let the revenues
ship and Infainia.  A Multa was imposed accord- arising from  the customs, taxes, confiscations, and
ing to circumstances, and its amount was deter- forfeitures.  Of such letting the word 7rWoAEY (not
mined by the pleasure of him who imposed it.  A    ulsrOooY) was generally used, and also the correlaPoena was only inflicted when it was imposed by  tive words W'evEi60at and 7rptao-Oat.  Their official
some lex or some other legal authority (quo alio  place of business was called a7rcoXalv~pov. One was
j'1e).  When no poena was imposed, then a multa  chosen from each tribe.  A  chairman presided at
or penalty might be inflicted.  Every person who  their meetings (eirpvrdvvTE). In the letting of the
had jurisdictio (this seems to be the right reading  revenue they were assisted by the managers of the
instead of judicatio) could impose a multa; and  theoric fund ('ob oaewpUce'), and they acted under
these were magistratus and praesides provinceiarum.  the authority of the Senate of Five Hundred, who
A Poena might be inflicted by any one who was  exercised a general control over the financial de-.
intrusted with the judicial prosecution of the offence  partment of the administration.  Resident aliens,
to which it was affixed.  The legal distinction be-  whto did not pay their residence-tax (Cevo-ltomnV),
tween Poerna and Multa is not always observed by  were summoned before them, and if found to have
the Roman writers.                     [G. L.]    committed default, were sold  in a room  called
POLEMARCHUS (rrohe.'apXos). An account  roaTWXl7TPIOv Tor [LETeIolov. (Demosth. c. Alsritoq.
of the functions of the Athenian umagistrate of this  787.)  Other persons who had forfeited their freename is given under ARacIoNT. Athens, however, dom to the state were also sold by the wrcoAral:,
was not the only state of Greece which had officerss  as foreigners who had been convicted' of usurping
so called.  We read of them  at Sparta, and in  the rights of citizenship. (Harpoc. and Suid. s. vv.
various cities of Boeotia.  As their name denotes, IlsAOTral and LeTro[KIOV; Pollux, viii. 99; Bickh,
they were originally and properly connected with  Pubi. Fcon. of] Altens, p. 155, 2d ed.; Meier, do
military affairs, being entrusted either with the  bon. damn. p. 41.)                  [C. R. K.]
command of armies abroad, or the superintendence    POLITEIA, POLI/TES (rorAst'ea, 7roXAs'v-).
of the war department at home: sometimes with  [CIvITAS (GREEK I).]
both. The polemarchs of Sparta appear to have    POLITOPHY'LACES                   (7roArIodpSkatces).
ranked next to the king, when on actual service  [TAGUs]
abroad, and were generally of the royal kindred or    POLLICA'RIS.  [PEs.]
house (ydvos).  (Herod. vii. 173.)  They comr-    POLLICITA'TIO.  LOBLIGATIONES, p. 821.]
manded single morae (Xen. Rep. Lac. xi. 4), so    P'OLLINCTO'RES.  [FuNuS, p. 558, a.]
that they would appear to have been six in number    POLUS (7riAo3), in astronomy, is a very diffi(Muller, Dor. iii. 12. ~ 4), and sometimes whole  cult word to explain in a perfectly satishactory
armies.  (Rerod. 1. c.) They also formed part of smanner, on account of the various senses ill which
the king's council in war, and of the royal escort it is used.  In such a case, the only safe guide to
called bajooeia (Xen. Hell. vi. 4. ~ 14), and were  the original meaning of a word is to determine, if
supported or represented by the officers  called  possible, its sense in the earliest passage in which
ovw/popess. (Miller, iii. 12. ~ 5.) The polemarbhs  it occurs, and to compare that sense with awhat is
of Sparta had also the superintendence of the public  known of the etymology of the word.  Now it is
tables: a circumstance which admits of explana- evident that 7rdXos contains the root IIEA, which
tion from the fact that Lycurgus is said to have  we find in 7rEAo/luat and other words, and the
instituted the syssitia for the purposes of war, and  fundamental idea attached to which appears to lbe
therefore as military divisions; so that the Lace-  that of motion.  Then, turning to the Greek audaemonians would eat and fight in the same com-  thors0 we find the word first occurring in the wellpany. (Uiiller, iii. 12. ~ 4.)  But in addition to  known passage in which Aeschylus (Prom. 427)
their military functions, and the duties connected  speaks of Atlas as supporting on his shoulders the
therewith, the polemarchs of Sparta had a civil as pole of Heaven, that is, the vault of the sky, which
well as a certain extent of judicial power (Id. iii. 7. was called 7ro'os in accordance with the notion,
~ 8), in which respect they resembled the  cpXwvo  which prevailed from the time of Thales, that the
sroXe',apXos at Athens.  In Boeotia also there  sky was a hollow sphere, which moved continually
were magistrates of this name.  At Thebes, for round the earth, carrying the heavenly bodies with
instance, there appears to have been two, perhaps  it, (Comp. Eurip. Or. 1 685; Pseudo-Plat. A.rioce
t e




930             POMOERIUTM.                                        POAMOERIUI.
p. 371, b; Aristoph. Av. 179; Alex. ap. Athl.  Cans, and the manner in which it was done in the
p. 60, a; Ukert, Geog. d. Griecl. us. Rim. volt. i. earliest times, when a town was to be founded,
pt. ii. p. 115; Grote, Hlistory of Greece, vol. ii. was as follows: —A bullock and a heifer were
pp. 154, 155.)  The next passage, in order of yoked to a plough, and a furrow was drawn around
time, is that in which Herodotus (ii. 109) says  the place which was to be occupied by the new
that the Greeks learnt from the Babylonians rdAxov  town, in such a manner that all the clods fell inCacl?yvy'oem ica  hai aUICKatsKc a ieEpea rtl's?eIEpqs,  ward.  The little mound thus formed was the
where the later commentators and lexicographers  symbolical wall, and along it ran the pomoerium,
for the most part explain the word as meaning an  within the compass of which alone the city-auspices
astronomical instrument, different from the yP,uco'wv  (auspicia urbana) could be taken. (Varro, de Lin#g.
or sun dial.  Mr. Grote (1. c.) interprets the pas.. Lat. 1. c.)  That the actual walls or fortifications
sage as signifying that the Greeks " acquired from   of a town ran near it, may naturally be supposed,
the Babylonians the conception of the pole, or of though the pomoerium might either be within or
the heavens as a complete hollow sphere, revolving  without them.  This custom was also followed in
round and enclosing the earth."  But Herodotus  the building of Rome, and the Romans afterwards
certainly seems to be speaking of something more  observed it in the establishment of their colonies.
definite and specific than a mere conception respect-  The sacred line of the Roman  pomoerium  did not
ing the sky; and, on the whole, the most probable  prevent the inhabitants from  building upon or
explanation is that of Scaliger and Salmasius, as  taking into use any place beyond it, but it was
modified by recent astronomers and scholars (see  necessary to leave a certain space on each side of
Bailly, Delambre, Letronne, and Creuzer, as quoted  it unoccupied so as not to unhallow it by profane
by B/lhr, ad loc.), namely, that the word signifies  use.  (Liv. i. 44.)   Thus we find that the Aveni/;e concave he7nispherical sun-dial, made in imitation  tine, although inhabited from early times, was for
of the heavenly sphere, and hence called by the  many centuries not included within the pomoesame name, 7roAos, which was the earliest form of rium. (Gell. xiii. 14.)  The whole space included
the sun-dial, inasmuch as it required less skill than  in it was called agqer erpftus or fivnes efisti.  The
the delineation of a sun-dial on a plane surface. pomoerium of Rome was not the same at all times;
The -yv/oAwm was not another different sort of sun- as the city increased the pomoerium  also was exdial, but the index, or, as we still say, gnomnon of tended, but this extension could, according to allthe dial itself, the shadow of which, falling upon  cient usage, be made only by such men as had by
the meridian lines of the sun-dial, indicated the  their victories over foreign nations increased the
hours of the day as marked by the motion of the  boundaries of the empire (Tacit. Annal. xii. 23),
sun in the true heavenly 7rdAos; so that, in fact, and neither could a pomoeriumn be fonned nor
the words 7roAov Kal yyvcjova together describe the  altered without the augurs previously consulting
instrument.  Pollux  (ix. 46) explains  ro'Aos as  the will of the gods by augury, whence the jus
meaning &sposdOymov, in a passage which he quotes pomnoerii of the augurs. (Dionys. iv. 13; Cic. de
firom the Gerytndes of Aristophanes; and Lucian  Div. ii. 35.)  The formula of the prayer which the
(Lexiph. 4) speaks of the yv&,ucv' overshadowzing  augurs performed on such occasions, and which wNas
the nmiddle of' the r/A-os, - a striking confirmation  repeated after them by the people who attended, is
of the explanation we have given.  The ysv'cwcv   preserved in Festus (s. v. Prosituzriauml).
alone was, in fact, not originally a sun-dial, but a    The original pomoerium of Romulus ran, accordmere upright stile, the length of the shadow of ing to Gellius (I. c.), around the foot of the Palawhich was measured, to obtain a rough notion of tine, but the one which Tacitus (Annal. xii. 24)
the altitude of the sun and thence of the time of describes as the pomoerium of Romulus comprised
the day: afterwards, a dial was added with lines  a much wider space, and was, as Niebuhr thinks
marked upon it, so as to form a true sun-dial, which  (Hist. of Rom. i. p. 288; compare Bunsen, Bcswas still called -yvcutwv.  The simple gysonoon was chreib. d. Stadt Reon, i. p. 138; Sachse, Beschreib.
used by the Greek geographers to determine the  von Rore. i. p. 50), an enlargement of the original
latitude of places.  (Comp. HOROLOGIUM.*)          compass, taking in a suburb or borough.  Niebuhr
For the other meanings of 7roAos, see the Greek  also believes that pomoerium  properly denotes a
Lexicons.                               [P. S.]    suburb taken into the city.  The RomulianpomoePOLY'MITA.  [TELA.]                             iuinm, according to Tacitus, ran from  the Foru:n
POMOE'RIUM.  This word is compounded of Boarinul (the arch of Septimius Severus) through
post and snoeriaz, (m2urss), in the same manner the valley of the Circus so as to include the ara
as polszeridiema of post and nzeridiess, and thus sig.  maximna Herculis; then along the foot of the Palanifies a line running by the walls of a town (pone  tine to the ara Consi, and thence from the Septior post 2m1ues). The pomoerium, however, did not zoniumn to the curiae veteres (a little below the
consist of the actual walls or fortifications of a place, baths of T'rajan), along the top of the Velia to the
but was a symbolical wall, and the course of the  Sacellum Larium, and lastly by the via sacra to
pomoerium  itself was marked by stone pillars (cippi the Forum.  From the eastern side of the Foruln
pomnoerii, Varro, de Lisng. Lat. v. 143, ed. Miller),  to the Velabrunl   there was a swamp, so that
erected at certain intervals.  The custom of making   Tacitus does not mention the line of the pomoea pomoerium was common to the Latinls and Etrus-  rium  here.  Servius Tullius again extended then
pomoerinum  (Liv. i. 44; Dionys. iv. 13), but the
*  In the article HoRonoaoGtua  will be found  Aventine  was not included, either because the
statements differing in some minor points from  auspices here taken by Renmus had been unfavourthose ins this article: such differences are unavoid-  able, or, which is more probable, because there
able when a difficult subject is discussed, by differ-  stood on this hill the temple of Diana, the common
ent writers; and they lmay even be useful to the  sanctuary of the Latins and Romans. (Gell. i. c.
lenader who wishes to examine the question tho-  Varro, de LiSg. Lat. v. 43.)  The A-entine did not
toa:ghlyi  [LDi]                                   teconme included withini the pomoerium uitil the




PONDERA                                            PONDERA.                    931
tinle of the Emperor Claudius.  (Gell. l. c.; Tacit. the historical times, and which contained four
Asnnal. xii. 23.)  Dionysius (I. c.) states that down  principal denominations, which, though different at
to his time nobody had extended the pomnoerium   different times and places, and even at the salre
since the time of King Servius, although we know  place for different substances, always bore the
from authentic sources that at least Augustus en- same relation to eec/s otlier. These were the Talent
larged the pomoerium  (Bunsen, /. c. p. 139), and  (-raAls7rov), which was the largest, then the 11ina
the same is said of Sulla and J. Caesar.  (Tacit. (yva), the Drac!,nza (SpaX/le/), and  the  Obol
Annal. 1. c.; Gell. 1. c.; Fest. s. v. Prosienuerium;  (ohXAds).  The two latter terms are, in all proCic. ad Att. xiii. 20; Dion Cass. xliii. 50, xliv. 49.)  bability, genuine Greek words, introduced for the
The last who extended the pomoerium of Rome  purpose of making convenient subdivisions of the
was the Emperor Aurelian, after he had enlarged  standard, apaXpA/ signifying a handful, and 3Co sdr
the walls of the city. (Fl. Vopisc. Div. Aurel. 21; being perhaps the same as oeAcds, and signifying
comp. Becker, Haendbuch  der Roio.. Alterth. i. p. a small wedge of silver; so that these words again
92, &c.)                               [L. S.]   fall under the description of genersic termns specifcelly
POMPA  (7roet7ri), a solemn procession, as on  applied.
the occasion of a funeral, triumph, &c.  (Cic. pro    These weights were related to one another as
3Ali. 13; Suet. Jul. Caes. 37, &c.)  It is, how- follows: -
ever, more particularly applied to the granld pro-      1 Talent contained.   -  60 Mllinae.
cession with which the games of the Circus com-         1 Alina,,     -    - 100 Dracl/zmae.
menced (Poimpa Circensis).  [CIRCUS.]                   1 Dracmas,,         -    -   6 Obols.
PONDERA (eTaOeeoli). The considerations.
which lie at the basis of the whole subject of    Their relative values are exhibited more fully
weights and measures, both generally, and with  in the following table:special reference to the ancient Greek and Roman            Obol
systems, have already been mentioned in the introductory part of the article MENSURA.  In the               6       Draclma
present article it is proposed to give a brief general
account of the Greek and Roman systems of' weights.          600         100
1. Early Greek   eiglhts. -  It has been already
stated, in the article MENSURA, that all the know-         36,000       6000      60   Talent.
ledge we have upon the subject goes to prove that,
il the Greek and Roiman metrical systems, weights    3. Derivatione of this System fra'on  Babylonp.preceded 7measures; that the latter were derived  Now, in this system, the unhellenic word /vs'a
fri'om the former; and both from  a system which  indicates, as already observed, tlze source fi'om
had prevailed, from a period of unknown antiquity,  awhich the standard was derived.  This word is
among the Chaldaeans at Babylon.  This system   undoubtedly of Semitic origin; and it seems to
was introduced into Greece, after the epoch of the  belong mo'e especially to the Chaldee dialect, ill
Homeric poems; for, of the two chief denomina-  which it signifies znumnb/er or measure in its widest
tions used in the Greek system, namely, ra'Xavrov   sense, the proper word for weight being tekel or
(tcdeetuem) and l/Ya (7eina), Homer uses only the  shekel.*  (See Dan. v. 25, 26, where both words
former, which is a genuine Greek word, meaning  occur).  In Hlebrew it is used as a specific weight,
treight, the other being an Oriental word of the  equal to 50 or 60 shekels t (1 Kings, x. 17; Ezra,
sasme meaning.  (See Nummus, p. 810; where  ii. 69; Nehem. vii. 71, 72; Ezek. xlv. 12). The
some things, which more Froperly belong to this  word was also used in Egypt, in the sense of a
article, have been necessarily anticipated.) Homer fuid measucre and also of a wueight of' water-. (See
uses -axiavroev, like yi'rpov, in a specific sense (II. Bbckh, Aletrol. Untersuc/h. c. iv.)  From  an exxxiii. 260-270); and indeed in all languages the  amination of several passages of the Greek writers,
earliest words used for weight are merely generic by the light of the etymological signification of the
ternis specifically  applied; such  are r-rXa-ror,, word /va, Buckh arrives at the following conclunlneeh (pv), librace, and our own poused, from  sions, which, if not strictly demonstrated, are
pondus.  IIence the introduction of the foreign  established on as strong grounds as we can proword manedt (yia) by the side of the native word  bably ever hope to obtain in so difficult a subject:
TdCLXYaro  indicates the  introduction  of a new  (1) that in the astronomical observations of the
standard of weight; which new  standard soon  Chaldees and Egyptians, time was measured by the
superseded the old; and then the old word rcdAar/-  running out of the water through an orifice:revo was used as a denomination of weight in the  (2) that the quantity of the water which so ran
new system, quite different from the weight which  out was estimated both by measure and by weight:
it signified before.  This last point is manifest -  (4) that this mode of measuring time led nafrom the passages in Homer, in wh iclh the word is  turaily to the dleternzination of a connected systeem
used in a specific sense, especially in the description  both cof reights and 7seaesires, the unit of which was
of the funeral games (1. c.), where the order of the  the izane1l  (Ipai), which originally signified a dlefiprizes proves that the talent must have been a very  site qulantity of water, determinzedl either i/y weight or
much smaller weight than the later talent of 60  eaceasure, and was afterwards used especially in the
minae, or about 82 pounds avoirdupois; and traces  sense of a defisnite weiglht:   (5) that this system
of this ancient small talent are still found at a very  passed from Assyria to Phoenicia, and thence to
much later period.  Thus we arire at the first
position in the subject, that the Greek systet qof    * The t and sih are merely dialect variations.
wezlht swaspost-Hioneric.                            t Wihich is the true value is doubtful. Perhaps
2. Tlhe Greek System inz the Ul-istorical Period. the two values were used at different places, ac-Of course, by the Greek system here is meant cording as the duodecimal or decimal system pre.
the system  which prevailed throughout Greece in  vailed.
30 2




932               PONDERA.                                         PONDERA.
the Greeks, who are expressly stated to have de- weights, namely 7, but ill 72 (=6 x 12h as well
rived from Babylon their method of dividing the as in 60 (,5 x 12) we have the duodecimal computaday and  measuring time, and other important tion which we know to have prevailed most extenusages, and whose most ancient talent (the Aegi- sively in the early metrical systems.  The division
netan) was still, in the historical times, identical of the day into 12 hours, which Herodotus exwith the Babylonian.                             pressly ascribes to the Babylonians, is not only a
4. Tlie Babylonian Talent. —The  Babylonian  striking example of this, but a fact peculiarly imtalent itself was current in the Persian Empire  portant in connection with the idea that the meaas the standard weight for silver.  Under Dareius surement of time by water led to the invention
the son of Hystaspes, the silver tribute of the  of the Babylonian system  of weights.  It is also
provinces was estimated by the Babylonian talent, important to observe that these two ancient systheir gold tribute by the Euboic; and coined  tems, the Babylonian and the Euboic, differ from
silver was also paid from the royal treasury ac- one another in a proportion which is expressed by
cording to the Babylonian talent. (Herod, iii. 89, multiplying 12 by the numbers which form the
foll.; Aelian. V. If. i. 22.)  Now the two stand- bases of the decimal and duodecimal systems re.
ards here mentioned are connected by Herodotus spectively, namely, 6 and 5.  In connection with
by the statement that the Babylonians talent is this fact, it is interesting to observe that the
equal to 70 Eubdie sminae, which, since every ta- Hebrew talent, which was no doubt essentially the
lent contained 60 minae, gives 70: 60 for the ratio  same as the Babylonian, is made, by different comof the Babylonian talent to the Euboic.  There  putations, to consist of 60 or 50 snaneh.
are, however, very sufficient reasons for con-    Indeed, the whole of the Hebrew system throws
cluding that 70 is here a round number, not an  important light on the Babylonian, and on its conexact one.  (See Bbckh, c. v.)  Pollux gives the nection with the Greek.  The outline of this syssame ratio (70: 60) for that of the Babylonian to the  tem is as follows:Attic talent; for he says that the Babylonian talent    Gerah
contained 70 Attic minae and 7000 Attic drachmae
(ix. 86): and it is probable that this statement is   10
founded on the testimony of Herodotus, but that
Pollux substituted the familiar Attic standard for    20O 
the less known Euboic, which two standards Ihe                   2       Sthekel
knew  to have some close connection with each        1000        100        0
other, and so he fell into the error of making them                               Ma neh
precisely equal.  The same correction must be ap- 
plied to the testimony of Aelian (1. c.), who makes  0          6000               60  | Kikkar
the Babylonian talent equal to 72 Attic minae; and  where the principal unit is the Shekel, which can
in this statement, so corrected, we have probably the  be identified with the principal unit of the old
true ratio of the Babylonian talent to the Euboic, Greek system  (in its chief application to coined
namely 72: 60 or 6: 5.  In such arguments as money), namely, the didrachnm orold stater. Hence
these, it is extremely important to remember that we have the
the evidence is not that of Pollux and Aelian, who    Kikhar equivalent to the talest
could not possibly give any ilsdependent testimony    Aaeh                   mieni
on such a subject, but that of the ancient an-                                  tte
thorities whom they followed, and by whom the          ekLh,       ddac         or ster
term Attic may have been used truly as equivalent,,
to Ezboic; for the Attic standard before the legis- To this part of the subject, which we have not
lation of Solon was the same as the Euboic, and  space to pursue further, Bdckh devotes a long and
this standard was still retained in commerce after elaborate chapter (c. vi. Hlebrbiisches, Phinicisches,
Solon's alterations."  In this sense there can be  und Sysisches Geewicht und Geld).
little doubt that, in the statement of Aelian, we    5. Thbe Aeginetan Talent. - Returnin  to the
have the testimony of some ancient writer, who  connection between the Babylonian and Greek
gave a more exact value than the round number talent, we have seen that the Babylonian talent
which Herodotus deemed sufficient for his purpose  contained  72 Eubdic minae.  It will presently.as an historian; and the truth of his testimony is appear that the Euboic talent and mina were the
confirmed, not only by the greater exactness of samne as the great Attic talent and mina, which
the number, but by its very nature;  for, not only  were in use before the  reduction  effected. il
do we find in 70 (=7 x 10) a prime factor which  them  by Solon; and further that the nature of
is most unlikely to have entered into a system of that reduction  was such that the Old Attic
(Euboic) talent was equivalent to 8333-u New
* It is necessary here to caution the student Attic (Solonian) drachmae, and thle Etbo: 7inisae
against an error, which he might mistake for an  to  I38-  Solonian draclaCnCae.  Now  the Babyingenious discovery; into which Bbckli  himself lonian talent contained 72 Euboic minae, that is
fell in his Public Econzozy of Athens; and which  (1389 x 72 — ) 10,000 Solonian drachmae.  But
Mr. Hussey has adopted; and to which therefore  10,000 Solonian drachmae were equivalent to anl
the English student is much exposed.  This error Aeginetan talent.  (Pollux, ix. 76, 86   comp.
consists in assuming thatboth Herodotus and Aelian  Nutaivus, p. 810, a.)  Therefore, the Aeyinetan
may be right; and thus that the Babylonian talent Tallest eoas equivalent to the Bajbylosnian.  What is
was equal to 70 Etaboic or 72 Attic minae; and  meant precisely by the Aeginetan talent, and how
therefore that the ratio of the Euboic talent to the  this talent was established in Greece by the legis.
Attic was 72: 70.  It will presently be shown that hation of Pheidon, has already been explained
this ratio was not 72: 70j but 100:72, i. e, under Ntrvamus.  The only step remaining to
2: 51'84.                                        complete the exposition of the outline of the sub



PONDERA.                                           PONDERA.                   933
ject is the obvious remark that Pheidon must have    These two standards form the foundation of the
arranged his standard of weights by that which  whole system of Greek weights.  But the second
had already been introduced into Greece by the  received an important modification by the legiscommerce of the Phoenicians, namely, the Baby- lation of Solon; and this modification became,
lonian.                                            under the name of the Attic silver talent, the chief
6. The Eubo'ic Talent. -  In the foregoing re- standard of weight throughout the East of Europe,
marks, the Euboic talent has been continually  and the West of Asia.  m~e proceed to notice both
referred to as a standard with which to compare  of the Attic standards.
the Babylonian.  We have now to investigate    7. The Old Atlic Talent, aund the Solonican Taindependently its origin and value.  The name  lent. -We have already noticed, under NuraMMus
Es-uboic, like the name Aleinetan, is calculated to  (p. 812, b.), Plutarch's account of the reduction
mislead, as we see in the absurd explanations  effected by Solon in the Attic system  of weights
by which some of the grammarians attempt to ac- and money, according to which the old weights
count for its origin.  (See  Nuvmaus, p. 810.)  were to the new in the proportion of 100: 73.
That the name comes from the island of Euboea, An important additional light is thrown on this
and that the Euboic standard was not only used  matter by an extant Athenian inscription, from
there, but was widely diffused thence by the Chal- which we obtain a more exact statement of the
cidic colonies, admits of no reasonable doubt; but ratio than in Plutarch's account, and from which
it is not very probable that the standard originated  we also learn that the old system continued in use,
there.  The most important testimony respecting  long afterthe Solonian reduction, forall commodities,
it is the statement already quoted, that Dareius  except such as were required bylaw to be weighed
reckoned the gold tribute of his satrapies in Euboic  according to the other standard, which was also the
talents.  (Herod. iii. 89, 95.)  B/ckh (c. viii.)  one always used for money, and is therefore called
thinks it incredible that the Persian king should  the silver standard, the old system  being called
have made this use of a Greek standard; and, the com7nercial standard, and its mina the comrnerbefore him, the best of all the writers on metro- cial zinz2a (,1 laa 77 iE/roplcK).  The inscription,
logy, Raper, had acknowledged the Oriental origin  which is a decree of uncertain date (about 01. 155,
of the standard.  (Philos. Trans. vol. lxi. p. 486.)  B. c. 160, according to Bickh, C. I. No. 123, ~ 4,
This view  derives also some support from  the  vol. i. p. 164), mentions the commercial mina as
curious numerical relation already noticed between  weighing "138 drachimae:'Ereavnljpopov, accordthe Babylonian and Euboic scales; which suggests ing to the standard weights in the mint" rARGYthe idea that the minae of the two scales may  ROCOPEION], that is, ot course, 138 drachmae of
have been derived from  the subdivision of the  the silver, or Solonian, standard.  This would give
same primary unit, in the one, into parts both  the ratio of the old to the new Attic weights as
decimal and duodecimal, that is, sexagesimal (60), 138: 100, or 100: 7269, certainly a very curious
in the other, into parts purely duodecimal (72); proportion.  It appears, however, on closer reand then, for the sake of uniformity, a talent of search, that this ratio is still not quite exact.  It
the lattei scale was introduced, containing, like  often happens that, in some obscure passage of a
the other, 60 mninae.  Be this as it may, it call grammarian, we find a statement involving minute
be affirmed with tolerable safety that the Euboic  details, so curious and so inexplicable, till the clue
talent is derived from  a standard of weight used  is found, that the few  scholars who notice the
for gold, which existed in the East, in the earliest passage reject it as unintelligible, without conhistorical period, by the side of the Babylonian  sidering that those strange minutiae are the best
standard, which was used chiefly for silver: that, evidence that the statement is no invention; and
at an early period, it was introduced by commerce  that the gramnmarian, who copied the statement,
into Euboea, from  which island it derived the  without troubling himself to understand it, has
name by which it was known to the Greeks, ol preserved a fact, which more systematic writers
account of its diffusion by the commercial activity  have lost or perverted.  Such passages are grains
of the Euboeans, just as the Babylonian standard  of pure gold amidst the mud which forms the bulk
obtained its Greek name from  the commercial ac- of the deposit brought down to us by those writers.
tivity of the Aeginetans. (Comp. NUMIaus, 1. c.)  A striking instance is now before us, in a passage
The examination of the testimonies respecting  of Priscian (de Re Nleumm.) in which, following a
the value of this standard involves a discussion too certain Dardanus, he says: " Talentum Atheniense
intricate to be entered upon here, although it is parweens minae sexaginta. mnagnnum minae octingenta
one of the most interesting points of the whole sub- tres et unciae quattuor."  Taking the last words
ject.  We must be content to refer the reader to  to be the Roman mode of expressing 83~, and asthe masterly argument of Bdckh (c. viii.), who comes suming, what is obvious, that the nzinae meant in
to the following conclusions: —that the Euboic the two clauses are of the same standard, namely,
standard was not, as some have thought, the same the common Attic or Solonian (for, as a general
as the Aeginetan; nor the same, or but slightly  rule, this standard is to be understood, where no
different from, the Solonian Attic; but the same  other is specified), and understanding by the great
as the old (ante-Solonian) Attic:-  that its true  Attic talent that of the conm7nercial standard, and
ratio to the Babylonian, or Aeginetan, was that by the small, the silver, or Solonian, we obtain this
given in round numbers by IHerodotus, as 60: 70, result, — that the ratio of'thle old Attic or conzmmercial
and in exact numbers by Aelian (who by Attic  talent to the nezs Attic or Solonian, was as 83 —: 60,
means old Attic) as 60: 72, that is, 5: 6; and that or as 138::100, or as 100: 72. For the masterly
its ratio to the Solonian was, as will presently be argument by which Bickhl sustains the truth- of
shown, 25: 18.  These views are confirmed, not this statement, we must refer to his own work:
only by the consistency of the results to which they  (c. viii.).  It is easy to understand how, inl-process
lead, but by the decisive evideince of the existing  of time, the fraction came to be neglected, so that,
coins of the Euboic standard. [NUMMs.]            in the decree quoted. the consmiercial mina of 100
3 o 3




934               PONDERA.                                        PONDERA.
commercial drachmae was spoken of as containing  isting coins, especially the old Macedonian, before
138 silver drachmae instead of 1383,  and how, the adoption of the Attic standard by Philip and
further, when Plutarch came to calculate how many  Alexander, which give a drachma of about 110
drachmae of the old scale were contained in the  grains, which is to the Attic as 5: 3.  The idenSolonian mina, he gave an integral number 73, tity of the old Macedonian standard with  the
instead of 72', and thus, by these twvo rejections Aeginetai is proved by Bickh  (Metrol. p. 89;
of fractions, the true ratio of 100: 72 was altered  compare Miiller, Dor. iii. 10. ~ 12. and Aegyiet.
to 1]00: 73.*                                    pp. 54-58).  There are also other very ancient
8. Ratios of the three Greek Systems to each other. Greek coins of this standard, which had their
-The importance of this calculation is made mani- origin, ill all probability, in the Aeginetan system.
fest, and its truth is confirmed, by comparing the  [NusTMus, p. 812, a.]
result with the statements which we have of the    The lightness of the existing coins referred to
ratio of the Aeginetan standard to the Solonian. by Hussey is explained by BRickh from the wellThat ratio was 5: 3, according to the state- known tendency of the ancient mints to depart
ment of Pollux, that the Aeginetan talent con- from the full standard.
tained 10,000 Attic drachmae, and the drachma    Mr. Hussey quotes a passage where Herodotus
10 Attic obols.  (Poll. ix. 76, 86.)  Mr. Hussey  (iii. 131) states that Demlocedes, a physician, after
(who was the first, and, after the reply of Biickh, receiving a talent in one year at Aegina, obtained
ought to be the last, to call this statement in ques- at Athens the next year a salary of 100 minae,
tion) observes that this value would give an Aegi- which Herodotus clearly means was more than
netan drachma of 110 grains, whereas the existing  what he had before.  But, according to Pollux's
coins give an average of only 96; and he explains statement, says:Mr. Hussey, the two sums were
the statement of Pollux as referring not to the  exactly equal, and therefore there was no gain.
Attic silver drachmae of the full weight, but to the  But Herodotus says nothing of different standards;
lighter drachma which was current in and after surely then he meant the same standard to be apthe reign of Augustus, and which was about equal plied in both cases.
to the Roman denarius. [DaACHMA.]                  From comparing statements made respecting the
On the other hand, Bbckh adheres to the pro- pay of soldiers, Hussey (p. 61) obtains 4: 3 as
portion of 5: 3, as given by Pollux, who could not about the ratio of the Aeginetan to the Attic
(he contends) have meant by draehmae those equal standard.  Bickh accounts for this by supposing
to the denarii, because he is not making a calcula- that the pay of soldiers varied, and by the fact that
tion of his own, suited to the value of the drachma  the Aeginetan money was actually lighter than the
in his time, but repeating the statement of some  proper standard, while the Attic at the same period
ancient writer who lived when the Attic and  was very little below the full weight.
Aeginetan currencies were in their best condition.    There are other arguments on both sides, but
Mr. Hussey himself states (p. 34), and for a si- what has been said will give a sufficiently complete
milar reason to that urged by Bbckh, that when  view of the question.
Pollux speaks of the value of the Babylonian    As the result of the whole investigatiosn, we get
talent in relation to the Attic, he is to be under- the following definite ratios between the three
stood as referring to Attic money of the full chief systems of Greek weights:
weight: and Bdckh adds the important remark,            Aeginetan: Enboc:  6:
that where Pollux reckons by the lighter drachmae,      Aeginetan: Solonian    5  3
as in the case of the Syrian and small Egyptian         Euboic: Solonian: 138: 100
talents, this only proves that those talents had but                    i. e.: 100    72
recently come into circulation.  Bdckh thinks it:  25:18
very probable that Pollux followed the authority                   or nearly      4      3
of Aristotle, whom he used much, to which he
makes frequent references in his statements re-    The reason of the strange ratio between the
specting measures and money, and who had fre- Solonian and old Attic (Euboic) system  seems to
quent occasions for speaking of the values of money  have been the desire of the legislator to establish
in his political works.                          a simple ratio between his new system  and the
Again, as the Aeginetan standard was that Aeginetan.  Respecting the diffusion of the three
which prevailed over the greater part of Greece in  systems throughout Greece, see NUMMUS.
early times, we should expect to find sonle definite    9. Other Grecian Systems. —Our information reproportion between it and the old Attic before  spectillg the other standards used in Greece and the
Solon: and, if we take the statement of Pollux, neighbouring countries is very scanty and confused.
we do get such a proportion, namely, that of 6: 5, Respecting the Egyptian, Atexandrian, or Ptolemaic
the same which has been obtained from the fore-  Talent, the reader is referred to Bhickh, c. x. The
going investigation.                             Tyrian Talent appears to have been exactly equal
Bickh supports his view by the evidence of ex- to the Attic.  A Rhodian Talent is mentioned by
Festus in a passage which is manifestly corrupt (s. v.
* The commercial weights underwent a change  Talentiim). The most probable emendation of the
by the decree mentioned above, which orders that passage gives 4000 cistophori or 7500 denarii as the
12 drachmae of the silver standard shall be added to  value of this talent. A Syrian Talent is mentioned,
the mina of 138 drachmae; that to every five corm- the value of which is very uncertain.  There were
mereial minae one commercial mina shall be added; two sizes of it.  The larger, which was six times
and to every commercial talent five commercial that used for money, was nsed at Antioch for weighmirae.  Thus we shall have -                     ing wood.  A Cilician Talenzt of 3000 drachmae, or
the mina -150 drachmae (silver),          half the Attic, is mentioned by Pollux (ix. 6).
5 minae        6 minae (commercial),        A much smaller talent was in use for gold.  It
the talent =   65 minae (commercial).      was equal to 6 Attic drachmae, or about 3 oz.  It




PONDEBtl A.                                        PONDERA.                    935
was called the gold talent, or the Sicilian talent grains.  Hence the pound will be 288 x 17i1
from  its being much used by the Greeks of Italy  5040 grains, as before.  The next aurei coined
and Sicily.  This talent is perhaps connected with  were, according to Pliny, 40 to the pound, and
the small talent which is the only one that occurs  therefore, if the above calculation be right, = ] 26
in Homer. - The Italian Greeks divided it into  grains; and we do find many of this weight. But,
24 numnni, and afterwards into 12 (Pollux, ix. 6; well as these results hang together, there is great
Festus, s. v. Talentune).;  [Compare NusMtus, p. doubt of their truth.  For, besides the uncertainty
814.]                                              which always attends the process of calculating a
This small talent explains the use of the term  larger quantity from  a smaller on account of the
great talent (magnum talentum), which we find in  multiplication of a small error, we have every
Latin authors, for the silver Attic talent was great reason to believe that the existing coins do not
in comparison with this.  But the use of the term  come up to their nominal weight, for there was an
by the Romans is altogether very inexact; and in  early tendency in the Roman mint to make money
some cases, where they follow old Greek writers,  below weight (Plin.1. L. xxxiii. 13. s. 46; compare
they use it to signify the old Attic or Euboic  As, AURUs, DENARIUS), and we have no proof
Talent.                                            that any extant coins belonged to the ver-y earliest
There are other talents barely mentioned by an-  coinage, and therefore no security that they may
cient writers. Hesychius (s. v.) mentions one of not have been depreciated. In fact, there are many
100 pounds (Xirpasv), Vitruvius (x. 21) one of specimens of the denarius extant, which weigh more
120; Suidas (s. v.), Hesychius, and Epiphanius  than the above average of 60 grains.  It is there(de Ahfens. et Pond.) of 125; Dionysius of Halicar-  fore probable that the weight of 5040 grains, ob,
nassus (ix. 27) one of 125 asses, and Hesychius  tained from  this source, is too little.   Hence,
three of 165, 400, and 1125 pounds respectively.   Wuerm and Bbickh, who also follow the coins, give
Where talents are mentioned in the classical it a somewhat higher value, the former making it
writers without any specification of the standard, 5053'635 grains, and the latter 5053-28. (Hussey,
we must generally understand the Attic.            c. 9; Wurm, c. 2; Bdckh, c. 11).
10. Conparison of Grecian VWeights wuithl our own.    (2) Another mode of determining the pound is
-In  calculating the value of Greek weights inl from  the relation between the Roman weights and
terms of our own, the only safe course is to follow  mneasares.  The chief measures which aid us ill
the existing coins; and among these (for the reasons  this inquiry are the amphora or quadrantal, and
stated under NurvIus, p. 811, b.), it is only the  the congius.  The solid content of the amphora
best Attic coins that can be relied on with any c r-  was equal to that of a cube, of which the side was
tainty, although there are many other coins which  one Roman foot, and the weight of water it conaflord valuable confirmatory evidence, after the  tained was 80 pounds. [QUADRANTAL.]  Hence,
standards to which they belong have been fixed.   if we can ascertain the length of the Roman foot
Mr. Hussey's computation of the Attic drachma, independently, it will give us the solid content of
from the coins, is perhaps a little too low, but it is the amphora, from which we can deduce the weight
so very near the truth that we may safely follow  of the Roman pound.. Taking the Roman foot at
it, for the sakle of the advantage of using his  11 65 inches, its cube is 1581'167 cubic inches -
numbers  without alteration.   He  makes  the  5-7025 imperial gallons -- 57-025 pounds avoirdudrac/rsna 66'5 grains.  [DRACHMeA,: comp. NUm-  pois, the 80th part of which is'7128 of a pound,
MUrus, p. 811, b.: for the other weights see the  or 4989 grains.  But there are many disturbing
Tables.]                                           elements in this calculation, of which the chief is
11. -Roman Weights. —The outline of the Roman  our ignorance of the precise density of the fluid,
and Italian system of weights, which was the same  80 pounds of which filled the amphora.
as the ancient system of copper money, has been    It might, at first thought, appear that the result
already given under As.  The system is extremely  might be obtained at once fiom  the congius of
simple, but its conversion into our own standard  Vespasian, which professes to hold 10 Roman
is a question of very considerable difficulty.  The  pounds [CONxelus], and the content of which has
following are the different methods of computing  been twice examined.  In 1630, Auzout found it
it:-                                               to contain 51463-2 grains of distilled water, which
(1) Thze Roman  coins furnish a mode of calcu- would give 5146-32 grains for the Roman pound.
lating the weight of the litra, which has been more  In 1721, Dr. Hase found it to contain 52037'69
relied on than any other by most modern writers. grains, giving.5203'77 grains for the Roman pound.
The As will scarcely help us in this calculation, Poth these results are probably too high, on acbecause its weight, though originally a pound, was count of the enlargement which the vessel has
very early diminished, and the existing specimens  undergone by the corrosion of its inner surface;
differ from each other very greatly [As], but speci- and this view  is confirmed by the fact, that the
mens, which we may suppose to be asses librales, earlier of the two experiments gave it the smaller
niay of course be used as confirmatory evidence. content.  (See Wurm, p. 78; Bbckh, pp. 166,
WVe must therefore look chiefly to the silver and  167.)  Again, the nature of the fluid employed in
gold coins. Now the average feight of the extant the experiment, its temperature, anld the height of
specimens of the denarius is about 60 grains, and  the barometer, would all influence the result, and
in the early ages of the coinage 84 denarii went to  the error from  these sources must occur twice,
the pound.  [DENARIUS.] The pound then, by  namely, at the original making of the congins and
this calculation, would contain 5040 grains. Again, at the recent weighing of its contents.  We can,
the ausrei of the early gold coinage were equal in  therefore, by no means agree with Mr. Hussey in
weight to a scrupulum, and its multiples. [Auauem.]  taking the weight of 5204 grains, as obtained fiom
Now  the scrupulum was the 288th part of the  this experiment, to be the nearest approximation
pound [UNCIA], and the average of the scrupular to the weight of the Roman pound.  On the conaurei has been found by Letronne tc be about 174  trary, if this method were followed at all, We
3o 4




936               PONDERA.                                              PONS.
should be compelled to prefer the theoretical cal-  and Nurtivs.   Further information respecting
culation from the quadrantal already given, and to  them will be found in B6ckh
say that the value of 5053-23  (or 5053'635)    ii. Vi[odern Works: see the list given at the end
grains, obtained from the coins is too high, rather  of the article NvMMUAs.  The present position of
than too low.                                      our knowledge is marked by the work of B6ckh,
(3) Another method is from existing Roman  so often referred to, with Mr. Grote's review of it.,eezghts, of which we possess many, but differing  There is no satisfactory English work on the subso greatly among themselves, that they can give  ject.  The best, so far as it goes, is the treatise of
no safe independent result, and their examination  Raper, in the Philosophial Trclasections, vol. lxi.
is little more than a matter of curiosity.  A  full Mr. Hussey's work is very useful, but its value
account of them will be found in Bbckh, pp. 163-  is much impaired by the want of more of that
196.                                               criticism, at once ingenious and sound, which has
(4) The determination  of the Roman pound  guided Bdckh to so many new  and firm results
from its ratio to the Attic talent, namely, as I: 80  amidst intricacies which were before deemed hope(see Bhckh, c. 9) is not to be much relied on;  less.
since we do not know whether that ratio was exact,    For a general view of the value of the several
or only approximate.                               weights, measures, and money in terms of our own,
On the whole, the result obtained friom the coins  see the Tables at the end of this work.   [P. S.]
is probably nearest to the truth.                    PONDO.  [LIBRA..
12. Connection between Weights rand Mlleasures.    PONS (ye'pupa), a bridge.  The most ancient
-Upon the interesting, but very difficult, subjects  bridge upon record, of which the construction has
of the connection of the Greek and Roman weights  been described, is the one erected by Nitocris over
with one another, and of both with the Greek  the Euphrates at Babylon. (Herod. i. 186.)  It
measures, our space does not permit us to add any-  was in the nature of a drawbridge; and conthing to the passages quoted from  B8ckh and  sisted merely of stone piers without arches, but
Grote under MENSURA, p. 754; and to what is  connected with one another by a framework of
said under QUADRANTAL.                             planking, which was removed at night to prevent
13. Authorities. -  The following are the chief the inhabitants from passing over from the different
authorities on  the subject of ancient weights,  sides of the river to commit mutual depredations.
money, and measures.                               The stones were fastened together by iron cramps
i. Anzcient Authorities. -In addition to the classic  soldered with lead; and the piers were built whilst
writers in general, especially the historians and  the bed of the river was free from water, its course
geographers, (1) the Ancient Gra1smmarians and  having been diverted into a large lake, which was
lexicographers  contain many  scattered notices, again restored to the usual channel when the work
some of which are preserved from the last metro-  had been completed.  (Herod. 1. c.)  Compare the
logical treatises of Dardannus, Diodorus, Polemar-  description given by Diodorus Siculus (ii. 8, vol. i.
chus, and others.  (2) We possess a number of p. 121, ed. Wesseling), who ascribes the work to
srnall metrological treatises, which are printed in  Selniramis.
the fifth volume of Stephanus's Thlesaurus Linguae    Temporary  bridges  constructed  upon  boats,
Graecae, and with the works of Galen, vol. xix. called axe&ir  (Hesych. s. v.; Herod. vii. 36;
ed. Kiihn.  The most important of them are, that Aesch. Pers. 69, ed. Blomf., et Gloss.), were also
ascribed to Dioscorides, the piece entitled 7repl of very early invention.  Dareius is mentioned as
fc'ipW v v'ypdr, and the extract from the KorrlrtKcd  having thrown a bridge  of this kind over the
of Cleopatra.  Besides these, we have a good  Thracian  Bosporus (Herod. iv. 83, 85); but we
treatise on the subject, printed in the Benedictine  have no details respecting it, beyond the name of
Analecta Graeca, pp. 393, foll., and in Montfaucon's  its architect, Mandrocles of Samos. (Herod. iv. 87,
Paleographie Grecqrze, pp. 369, foll.: —two works, 88.)  The one constructed by order of Xerxes
of hbut little value, ascribed to Epiphanius, entitled  across the Hellespont is more celebrated, and has
mrepl pE'Tpwv ical o-Tra01Irv and 7rpl 7rNrLKcJdT-TOs  been minutely described by Herodotus (vii. 36).
uTrpOJv, printed in the Famaia Sacra of Steph. Le  It was built at the place where the Chersonese
Moyne, vol. i. pp. 470, foll.: -various writings of forms almost a right angle, between the towns of
leron (see Diet. of Biog. s. v.): - -and a treatise  Sestos and Madytus on the one side, and Abydos
by Didymus of Alexandria, ~t-Tpa i/apudpwev ecai on the other.  The first bridge, which was con7rav-roicov ~hAcov, published by Angelo Mai from a  structed at this spot, was washed away by a storm
MS. in the Ambrosian Library at Milan, 1817, almost immediately after it was completed (Herocd.
-vo.  Certain difficulties respecting the authorship  vii. 34), and of this no details are given.  The
of some of these works are discussed by Bickh, subsequent one was executed under the directions
c. 2.  In Latin, we have two works by Priscian; of a different set of architects.  (Id. 36.)  Both of
the one in prose, entitled, De Figureis et Arom0inibus them  appear to have partaken of the nature of
NV7arerorrzcm  et de Nurn77ris ac Ponderibus ad  suasension bridges, the platform iwhich formed the
Sy2.rnrachunm Liber; the other is the poem  De  passage-way being secured rpon enormous cables
Ponderibus et Afensuris, in 208 hexameter verses, formed by ropes of flax (AEvoCAtrvov) and papyrus
which is commonly ascribed to Rhemnius Fannius, (,BvArcvwv) twisted together, and then stretched
and which is printed in Wernsdorf's Poetae Latini tight by means of windlasses (("Yor) on each side.
Jlinores, vol. v. pt. 1. pp. 212, foll., and in Weber's    The  bridges hitherto  mentioned  cannot be
C(oTpUs Poetartum  Latinorumn, pp. 1369, 1370. strictly denominated Greek, although  the archiThe statements of all these metrological writers  tects by whom the two last were constructed were
must be used with great caution on account of their natives of the Greek islands.  But the frequent
late age.  (3) The chief Existing Monuments such  mention of the word in Homer proves that bridges
as buildings, measures, vessels, weights, and coins, were not uncommon in the Greek states, or at least
have been mentioned in the articles MENSURA, in the western part of AsiaMinor, during his time.




PONS.                                              PONS.                   937
The Greek term for a permanent bridge is?y&Epa,  remained at the time of Otho, when it was carried
which the ancient etymologists connected with the  away by an inundation of the Tiber. (Tacit. Ilist.
Gephyraei (requpaot), a people whom Herodotus i. 86, who calls it pens sublicius.)  In later ages it
(v. 57) states to have been Phoenicians, though  was also called peons Aem7ilius, probably from the
they pretended to have come from  Eretria; and  name of the person by whom it was rebuilt; but
the etymologists accordingly tell us that the first who this Aemilius was is uncertain.  It may have
bridge in Greece was built by this people across been Aemilius Lepidus the triumvir, or probably
the Cephissus; but such an explanation is opposed  the Aemilius Lepidus who was censor with Munato sound etymology and common sense.  As the  tius Plancus, under Augustus, ten years after the
rivers of Greece were small, and the use of the arch  pons sZublicius fell down, as related by Dion Cassius
known to them  only to a limited extent [ARcvs],  (p. 423, c.)  We learn from P. Victor, in his deit is probable that their bridges were built entirely  scription of the Regio xi., that these two bridges
of wood, or, at best, were nothing more than a were one and the same- " Aemilius qui ante subwooden platform  supported upon  stone piers at licius."  It is called Aemilian by Juvenal (Sat.
each extremity, like that of Nitocris described  vi. 32) and Lampridius (Heliog. c. 17), but it is
above.  Pliny (HI. N. iv. 1) mentions a bridge  mentioned by Capitolinus (Antonin Piuts, c. 8) as
over the Acheron 1000 feet in length; and also  the poes Sullicius; which passage is alone suffisays (iv. 21) that the island Euboea was joined  cient to refute the assertion of some writers that it
to Boeotia by a bridge; but it is probable that was built of stone at the period when the name of
both these works were executed after the Roman  Aemilius was given to it. (Nardini, Rosm. Alst.
conquest.                                          viii. 3.)
In Greece also, as well as in Italy, the term     This bridge was a favourite resort for beggars,
bridge was used to signify a roadway raised upon  who used to sit upon it and demand alms. (Senec.
piers or arches to connect the opposite sides of a De Vit. Beat. 25.)  Hence the expression of Juravine, even where no water flowed through it venal (xiv. 134), aliquis de ponte, for a beggar.
(T'v?y&uspav, i dEirl T- varet iv, Xeon. Assl. (Compare also Juv. iv. 116.)
vi. 5. ~ 22).                                        It was situated at the foot of the Aventine, and
The Romans were undoubtedly the first people  was the bridge over which C. Gracchus directed
who applied the arch to the construction of bridges, his flight when he was overtaken by his opponents.
by which they were enabled to erect structures  (Plut. Graccn. p. 842, c.; compare Val. Max. iv. 7.
of great beauty and solidity, as well as utility; ~ 2; Ovid. Fast. vi. 477.)
for by this means the openings between the piers   IT. PONS PALATINUS formed the commnnicafor the convenience of navigation, which in the  tion between the Palatine and its vicinities and
bridges of Babylon and Greece must have been very  the Janiculum, and stood at the spot now occupied
narrow, could be extended to any necessary span.  by the " ponte Rotto."  It is thought that the
The width of the passage-way in a Roman  words of Livy (xl. 51) have reference to this bridge.
bridge was commonly narrow, as compared with  It was repaired by Augustus. (Inscrip2. ap. Grut.
modern structures of the same kind, and corre- p. 160. n. 1.)
sponded with the road (viac) leading to and from     III. IV. PONs FABRICIUS and PONS CESTIUS
it.  It was divided into three parts.  The centre  were the two which connected the Insula Tiberina
one, for horses and carriages, was denominated  with the opposite sides of the river; the first with
eqgcer or iter; and the raised footpaths on each  the city, and the latter with the Janiculumn. Both
side (decursoria), which were enclosed by parapet are still remaining.  The pons Fabricius was oriwalls similar in use and appearance to the plitees  ginally of wood, but was rebuilt by L. Fabricius;
in the basilica.  [BASILICA, p. 199, b.]           the curator viarum, as the inscription testifies, a
Eight bridges across the Tiber are enumerated  short time previous to the conspiracy of Catiline
by P. Victor as belonging to the city of Rome. (Dion Cass. xxxvii. p. 50); which passage of Dion
1. Of these the most celebrated, as well as the  Cassius, as well as the words of the Schloliast on
most ancient, was the PONS SUBLIC1US, SO called  Horace (Sat. ii. 3. 36), warrant the assumption that
because it was built of wood; sublices, in the lan- it was then first built of stone.  It is now called
guage of the Formiani, meaning wooden bealns. "Ponte quattro capi."  The peons Cestiis is, by
(Festus, s. v. Sebdlicium.)  It was built by Ancus  some authors, supposed to have been built during
Martits, when he united the Janiculhm to the city  the reign of Tiberius by Cestins Gallus, the per(Liv. i. 33; Dionys. iii. p. 183), and became re- son mentioned by Pliny (x. 60; Tacit. Ann. vi.
nowned from  the well-known feat of Horatius  31), though  it is more reasonable to conclude
Codes in  the  war with  Porsenna.  (Liv. ii. that it was constructed before the termination of
10; Val. Max. iii. 2. ~ 1; Dionys. v. pp. 295, the republic, as no private individual would have
296.)  In consequence of the delay and dificulty  been permitted to give his own name to a public
then experienced in breaking it down, it was re- work under the empire.  (Nardini, 1. c.)  The inconstructed without nails, in such a manner that scriptions now remaining are in commemoration of
each beam could be removed and replaced at plea- Valentinianus, Valens, and Gratianus, the emperors
sure. (Plin. H. N. xxxvi. 23.)  It was so rebuilt by whom it was restored.  Both these bridges are
by the pontifices (Dionys. iii. p. 183), from which  represented in the following woodcut: that on the
fact, according to Varro (De Lisig. Lat. v. 83), right hand is the poens Fabricius, and is curious as
they derived their name; and it was afterwards being one of the very few remaining works which
considered so sacred, that no repairs could be made  bear a date during the republic; the pens Cestius
in it without previous sacrifice conducted by the  on the left represents the efforts of a much later
pontifex in person.  (Dionlys. ii. I. c.)  In  the  age; and, instead of the buildings now  seen
age of Augustus it was still a wooden bridge, as upon the  island, the tenlples which  originally
is manifest from the epithet roboreo, used by Ovid  stood there, as well as the island itself, have been
(Fst. v. 621); in which state it appears to have I restored.




938                  PONS.                                               PO1S.
-    / II1- I!I                                        _          __
V. PONS JANICULENSIS, which led direct to the  classical authority; the inference, however, is not
Janiculum.  The name of its founder and the  improbable, because it led directly from the Camperiod of its construction are unknown; but it pus to the Clivus Cinnae (now Monte Mario), from
occupied the site of the present " ponte Sisto,"  which the triumphal processions descended.
which was built by Sixtus IV. upon the ruins of    VII. PONs AELIUS, built by Hadrian, which
the old bridge.                                     led from the city to the Mausoleum [MAusoLEUM]
VI. PoNS VATICANus, socalled because itformed  of that emperor, now the bridge and castle of St.
the communication between the Campus Martils Angelo.  (Spart. HNade. c. 19; Dion Cass. lxix.
and Campus Vaticanus.  When the waters of the  p. 797, E.)  Arepresentation of this bridge is given
Tiber are very low, vestiges of the piers are still in the following woodcut, taken from a medal still
discernible  at the back of the Hospital of San  extant. It affords a specimen of the style employed
Spirito.  By modern topographists this bridge is at the period when the fine arts are considered to
often called "Poens Triumphalis," but without any  have been at their greatest perfection at Rome.
JII
PN    Msnvsus, on the
VIII. PONS  MILVIUS, on the Via Fiaminia, now       The Roman bridges without the city were far
ponte Molle, was built by Aemiliuts Scaurus the  too many to be enumerated here.  They formed
censor (Aur. Vict. De Viris I1lustr. c. 27. ~ 8), one of the chief embellishments in all the public
and is mentioned by Cicero about forty-five years roads   and their numerous and stupendous reafter its formation.  Upon this bridge the amnbassa- mains, still existing in Italy, Portugal, and Spain,
dors of the Allobroges were arrested by Cicero's attest, even to the present day, the scale of grandeur
retainers during the conspiracy of Catiline.  (Cic. with which their works of national utility were
in Cat. iii. i2.)  Catulus and Pompey encamped  always carried on.  Subjoined is a representation
here against Lepidus when he attempted to annul of the bridge at Ariminum (Rimini), which remains
the acts of Sulla.  (Florus, iii. 23.)  Its vicinity  entire: it was commenced by Augustus and terwas a favourite place of resort for pleasure and de- misnated by Tiberius, as we learn from the inscripbauchery in the licentious reign of Nero. (Tacit. tion, which is still extant.  It is introduced in
Ann. xiii. 47.) And finally, it was at this spot that order to (rive the reader an idea of the style of art
the battle between  Maxentius and Constantine, during the age of Vitruvius, that peculiar period of
which decided the fate of the Roman empire, took  transition between the austere simplicity of the replace. (A. n. 312.)                                 public and the profuse magnificence of the empire.
The bridge thrown across the bay of Baiac bhi the useless undertaking of a profligate prince, does
Caligula (Dion Cass. lix. p. 652, E;'Suet. al. 19,  ot require any frtler notice;  ut the bridge




PONS.                                              PONS.                    939
vwhich Trajan built across the Danube, which is  of Trajan at Rome; which has given rise to
one of the greatest efforts of human ingenuity, much controversy, as it does not agree in many
must not pass unmentioned.  A  full account of respects with the de&ription of Dion Cassius.  Thile
its construction is given by Dion Cassius (lxviii. inscription, supposed  to  have belonged to  this
p. 776, B.); and it is also mentioned by the younger bridge, is quoted by Leunclav. p. 1041. 6, and by
Pliny (Ep. viii. 4; compare Procopius, De Aedi- Gruter, 448. 3.
ficiis). The form of it is given in the annexed
SUB JUGUM ECCE RAPITUR:ET DwN'Vius.
woodcut, from a representation of it on the column
It will be observed that the piers only are of sage of an army; and VegetiLs (I. c.) says that it
stone, and the superstructure of wood.            was customary for the Roman army to carry with
The Conte Marsigli, in a letter to Montfaucon  them small boats (zonoxuli) hollowed out from the
(Giosnale de' Letterati d' Italia, vol. xxii. p. 116), trunk of a tree, together with planks and nails, so
gives the probable measurements of this structure, that a bridge could be constructed and bound tofrom  observations made upon the spot, which will gether with ropes upon any emergency without
serve as a faithful commentary upon the text of loss of time.  Pompey passed the Euphrates by a
Dion.  He considers that the whole line consisted  similar device during the Mithridatic war. (Florus,
of 23 piers and 22 arches (making the whole bridge  iii. 5.) The preceding woodcut, taken from a basabout 3010 feet long, and 48 in height), which are  relief on the column of Trajan, will afford an idea
much more than the number displayed upon the  of the general method of construction and form of
column.  But this is easily accounted for without these bridges, of which there are several designs
impairing the authority of the artist's work.  A i upon the soine monument, all of which greatly refew arches were sufficient to show  the general semble each other.
features of the bridge, without continuing the mono-    When the Comitia were held, the voters, in order
tonous uniformity of the whole line, which would  to reach the enclosure called sepetum  and ovile,
have produced an effect ill adapted to the purposes passed over a wooden platform, elevated above the
of sculpture.  It was destroyed by Hadrian (Dion  ground, which was called poons sz'ficayioruz7, in
Cass. I. c.), under the pretence that it would ficili- order that they might be able to give their votes
tate the incursions of the barbarians into the Roman  without confusion or collusion.
territories, but in reality, it is said, from jealousy    Poens is also used to signify the platform (Esriand despair of being able himself to accomplish  ~dOpa, &7roedOpa) used for embarking in or disany equally great undertaking; which is supposed  embarking from, a ship.
to be confirmed by the fact that he afterwards put    Tnterea Aeneas socios do puppihus altis
to death the architect, Artemidorus, under whose       Pontibus expanit."     Virg. Aen. x. 288.
directions it was constructed.
The Romans also denominated by the name of    The method of using these pontes is represented
pontes the causeways which in modern language  in the annexed woodcut, taken from a very curious
are termed a"viaducts."  Of these the Peons ad  intaglio representing the history of the Trojan war,
Nonram, now called ponte None, near the ninth  discovered at Bovillae towards the latter end of the
mile from Rome on the Via Praezwstina is a fine  1 7th century; which is given by Fabretti, Sys/t/aq?nc
specimen.                                         de Co/iumns. Trqajeni, p. 315.  (See further, Hirt,
Amongst the bridges of temporary use, which  Leasre der Gebilde, ~ x.)                 [A. R.]
were made for the immediate purposes of a campaign, the most celebrated is that constructed by
Julius Caesar over the Rhine within the short
period of ten days.  It was built entirely of wood,
and the whole process of its construction is minutely detailed by its author (De Bell. Gall. iv. 17).
An elevation of it is given by Palladio, constructed                                 2
in conformity with the account of Caesar, which
has been copied in the edition of Oudendorp and''  
in the Delphin edition.
Vegetius (iii. 7), Herodian  (viii. 4, 8), and
Lucan (iv. 420) mention the use of casks (deolia,   Mj
cupae) by the Romans to support rafts for the pas-                                 /
PO'NTIFEX  (isposL'Ticao   s, iepovi'ios, repo., /\t/\Vbi/  4   a,, iEpoePdcr-qs).  The origin of this word is
explained in -arious ways.  Q. Scaevola, who was
himself pontifex maximius, derived  it from posse
and fitcere, and Varro from poons, because the pontiffs, he says, had built the pens sublicius, and
afterwards firequently restored it, that it might be




940               PONTIFEX.                                           PONTIFEX.
possible to perform sacrifices on eachl side of the  375); for, as far as we know, the first attempt to
Tiber. (Varro, de hLinag. Lat. v. 83, ed. Miiller;  deprive the college of its right of co optation, and
Dionys. ii. 73.)  This statement is, however, con- to transfer the power of election to the people, was
tradicted by the tradition which ascribes the build- not made until the year B. C. 145, by the tribune
ing of the pons sublicius to Ancus Martius (Liv. i. C. Licinius Crassus; but it was frustrated by the
33), at a time when the pontiffs had long existed  praetor C. Laelius.  (Cic. de Am7s. 25, Brut. 21, de
and borne this name.  Gbttling (Gesch. d. RIm. Nat. Deor. iii. 2.)  In 104 B. C. the attempt was
Staatsv. p. 173) thinks that pontsifex is only another successfully repeated by the tribune Cn. Domitius
form  for pomnpifeix, which would characterise the  Ahenobarbus: and a law (Lex Domitia) was then
pontiffs only as the managers and conductors of passed, which transferred the right of electing the
public processions and solemnities.  But it seems  members of the great colleges of priests to the
fir more probable that the word is formed from  people (probably in the comitia tributa); that is,
pons and itceere (in the signification of the Greek  the people elected a candidate, who was then made
pES LE, to perform a sacrifice), and that consequently  a member of the college by the co-optatio of the
it signifies the priests who offered sacrifices upon  priests themselves, so that the co-optatio, although
the bridge.  The ancient sacrifice to which  the  still necessary, became a merematter ofform. (Cic.
name thus alludes, is that of the Argeans on the  do Leg. Agr. ii. 7, Epist. ad Br1t. i.,5; Vell.
sacred or sublician bridge, which is described by  Pat. ii. 12; Sueton. Nero, 2.)  The lex Domitia
Dionysius (i. 38; compare ARGEs). Greek writers, was repealed by Sulla in a lex Cornelia de Sacermoreover, sometimes translate the word pontiffs by  dotiis (81 B. c.), which restored to the great priestly
yeFqvpo7roloz.                                      colleges their full right of co-optatio.  (Liv. Epit.
The Roman pontiffs formed the most illustrious  89; Pseudo-Ascon. its Divinat. p. 102, ed. Orelli;
among the great colleges of priests.  Their insti- Dion Cass. xxxvii. 37.)  In the year 63 B. c. the
tution, like that of all important matters of relil  law of Sulla was abolished, and the Domitian law
gion, waVs ascribed to Numa.  (Liv. i. 20; Dionys. was restored, but not in its full extent; for it was
ii. 73.)  The number of pontiffs appointed by this  now  determined, that in case of a vacancy the
king was four (Liv. x. 6), and at their head was  college itself should nominate two candidates, and
the pontifex maximus, who is generally not included  the people elect one of them.  This mode of prowhen the number of pontiffs is mentioned. Cicero  ceeding is expressly mentioned in regard to the
(de Re Publ. ii. 14), however, includes the pontifex  appointment of augurs, and  was, no doubt, the
maximus when he says that Numa appointed five  same in that of the pontiffs. (Cic. P/lip. ii. 2.)
pontiffs.  Niebuhr (Hist. of Rome, i. p. 302, &c.;  Julius Caesar did not alter this modified lex Domicompare iii. p. 410; Liv. x. 6; Cic. de Re Publ.  tia, but M. Antonius again restored the right of
ii. 9) supposes with great probability, that the ori- co-optatio to the college.  (Dion Cass. xliv. 53.)
ginal number of four pontiffs (not including the    The college of pontiffs had the supreme superinpontifex maximus) had reference to the two earliest tendence of all matters of religion, and of things
tribes of the Romans, the Ramnes and Tities, so  and persons connected with public as well as prithat each tribe was represented by two pontiffs. rate worship.  A  general outline of their rights
In the year B. c. 300, the Ogulnian law raised the  and functions is given by Livy (i. 20) and Dionynumber of pontiffs to eight, or, including the pon- sius (ii. 73).  This power is said to have been
tifex maximls, to nine, and four of them were to  given to them by Numa; and he also entrusted to
be plebeians. (Liv. x. 6.) The pontifex maximus, their keeping the books containing the ritual orhowever, continued to be a patrician down to the  dinances, together with the obligation to give invear a. c. 254, when Tib. Coruncanius was the first formation to any one who might consult them on
plebeian who was invested with this dignity. (Liv. matters of religion.  They had to guard against
Epit. 18.)  This number of pontiffs remained for any irregularity in the observance of religious rites
a long time unaltered, until in 81 B. c. the dictator that might arise from  a neglect of the ancient
Sulla increased it to fifteen (Liv. Epit. 89), and  customs, or from  the introduction of foreign rites.
J. Caesar to sixteen.  (Dion Cass. xlii. 51.)  In  They had not only to determine in what manner
both these changes the pontifex maximus is in- the heavenly gods should be worshipped, but also
cluded in the number.  During the  empire the  the proper form of burials, and how the souls of the
number varied, though on the whole fifteen ap-  departed (manes) were to be appeased; in like
plars to have been the regular number.              manner what signs either in lightning or other
The mode of appointing the pontiffs was also. phenomena were to be received and attended to.
different at different times.  It appears that after  They had tche judicial decision in all matters of retheir institution  by Numa, the college lhad the  ligion, whether private persons, magistrates, or
right of co-optation, that is, if a member of the col- priests were concerned, and in cases where the exlege died (for all the pontiffs held their office for isting laws or customs were found defective or inlife), the members met and elected a successor, sufficient, they made new laws and regulations
who after his election was inaugurated  by the  (decreta pontlficznl') in which they always followed
augurs.  (Dionys. ii. 22,'3.)  This election was  their own judginent as to what was consistent
sometimes called caprio. (Gellius, i. 12.)  In the  with the existina customs and uslages.  (Gell. ii.
year 212 B. C. Livy (xxv. 5) speaks of the election  20, x. 15.)  They watched  over the conduct of
of a pontifex maximus in the comitia (probably  all persons who  had anything to do with the
the comitia tributa) as the ordinary mode of ap- sacrifices or the worship of the gods, that is, over
pointing this high-priest.  But in relating the  all the priests and their servants.  The forms of
events of the year 181 B. c. he again states that worship and of sacrificing were determined by the
the appointment of the chief pontiff took place by  pontiffs, and whoever refused to obey their injuncthe co-optation of the college. (Liv. xl. 42,) Iow  tions was punished by them, for they were " rerum
these anomalies arose (unless Livy expresses hin- quae ad sacra et religiones pertinent, judices et
felf carelessly) is uncertain (see Gittling, 1. c. p. vindices." (Fest. s. v. lraximus l2lontifex; comnpare




PONTIFEX.                                          PONTl'EEX.                  9S1
Cic. de Leg. ii. 8, 12.)   The pontiffs theulselves  xv. 27; ADOPTIO.)  Whether the presence of the
were not subject to any court of law or punish-  pontiffs together with that of the augurs and two
ment, and were not responsible either to the senate  flaminIes was necessary in the comitia curiata also
or to the people.  The details of these duties and  in cases when other matters were transacted, as
functions were contained in books called libri Niebuhr thinks (i. p. 342, ii. p. 223), does not
pontificii or pontificales, commentarii sacrorum or appear to be quite certain.  The curious circumsacrorum  pontificalium  (Fest. s. v. Aliutcc  and  stance that on one occasion the pontifex maximus
Occisuzm), which they were said to have received  was commanded by the senate to preside at the
from Numa, and which were sanctioned by Ancus  election of tribunes of the people, is explained by
Martius.  This king is said to have made public  Niebuhr (ii. p. 359, &c.).
that part of these regulations which had reference    As regards  the jurisdiction  of the pontiffs,
to the sacra publica (Liv. i. 32); and when at the  magistrates and priests as well as private indivicommencement of the republic the wooden tables  duals were bound to submit to their sentence, proon which these published regulations were written  vided it had the sanction of three members of the
had fallen into decay, they were restored by the  college. (Cic. de Hsarusp. Resp. 6.)  In most cases
pontifex maximus C. Papirius.  (Dionys. iii. 36.)  the sentence of the pontiffs only inflicted a fine
One part of these libri pontificales was called Indi- upon the offenders (Cic. Philip. xi. 8; Liv. xxxvii.
gitamenta, and contained the names of the gods as  51, xl. 42), but the person fined had a right to
well as the manner in which these names were to  appeal to the people, who might release him from
be used in public worship.  (Serv. ad Viryt. Georg. the fine.  In regard to the Vestal virgins and the
i. 21.)  A  second part must have contained the  persons who committed incest with them, the
formulas of the jus pontificium. (Cic. de Re Publ. pontiffs had criminal jurisdiction and might proii. 31.)  The original laws and regulations con- nounce the sentence of death.  (Dionys. ix. 40;
tained in these books were in the course of time  Liv. xxii. 57; Fest. s. v. Probreui.)  A  eman who
increased and more accurately defined by the de- had violated a Vestal virgin was according to an
crees of the pontiffs, whence perhaps their name  ancient law scourged to death by the pontifex
commentarii.  (Plin. H. AT. xviii. 3; Liv. iv. 3; maximus in the comitium, and it appears that
Cic. Brizt. 1.4.) Another tradition concerning these  originally neither the Vestal virgins nor the male
books stated that Numa communicated to the  offenders in such a case had any right of appeal.
pontiffs their duties and rights merely by word of Gbttling  (p. 185) considers that they had the
mouth, and that he had buried the books in a  right of appeal, but the passage of Cicero (de Re
stone chest on the Janiculum.  (Plut. Nium. 22; Publ. ii. 31) to which lie refers, does not support
Plin. I. IV. xiii. 27; Val. Max. i. 1. 12; August. his opinion.  Incest in general belonged to the
de Civit. Dei, vii. 34.)  These books were found  jurisdiction of the pontiffs, and might be punished
in 181 B. c., and one half of them contained ritual with death. (Cic. de Leg. ii. 19.)  In later times
regulations and the jus pontificium, and the other we find that even in the case of the pontiffs having
half philosophical inquiries on the sane subjects, passed sentence upon Vestal virgins, a tribune inand were written in the Greek language.  The  terfered and induced the people to appoint a
books were brought to the praetor urbanus Q. quaestor for the purpose of making a fresh inquiry
Petilius, and the senate ordered the latter half to  into the case; and it sometimes happened that
be burnt, while the former was carefully preserved.  after this new trial the sentence of the pontiffs
Respecting the nature and authenticity of this  was modified or annulled.  (Ascon. ad  illon. p.
story, see Hartung, Die Relig. d. RMm. i. p. 214. 46, ed. Orelli.) Such cases, however, seem to have
The annales maximi were records of the events of been mere irregularities founded upon an abuse
each year kept by the pontifex maximus, from the  of the tribunitian power.  In the early times the
commencement of the state to the time of the  pontiffs were in the exclusive possession of the
pontifex  maximus, P. Mucius Scaevola, a. c. civil as well as religious law, until the former was
133.                                              made public by C. Flavius.  [AcTIO.]  The reguAs to the rights and duties of the pontiffs, it must lations which served as a guide to the pontiffs in
first of all be borne ill mind that the pontiffs were  their judicial proceedings, formed a large collection
not priests of any particular divinity, but a college  of laws, which was called the jus pontificium, and
which stood above all other priests, and superin- formed part of the libri pontificii. (Cic. de Oral. i.
tended the whole external worship of the gods. 43, iii. 33, pro Donzo, 13; compare Jus, pp. 656,
(Cic. de Leg. ii. 8.)  One of their principal duties  657.)  The new decrees which the pontiffs made
was the regulation of the sacra both publica and  either on the proposal of the senate, or in cases
privata, and to watch that they were observed at belonging to the sacra privata, or that of private
the proper times (for which purpose the pontiffs  individuals, were, as Livy (xxxix. 16) says, inoriginally had the whole regulation of the calendar1  numerable.  (Coumpare Cic. de Leg. ii. 23; MiIaseeCALEN DAsRIUa, p. 230, &c.), andin their proper  crob. Sat. iii. 3; Dionys. ii. 73.)
form.  In the management of the sacra publicas    The meetings of the college of pontiffs, to which
they were in later times assisted in certain per- in some instances the flamines and the rex safornlances by the triumviri epulones [ErPULONES],  crorur were summoned (Cic. de l1aruZsp. Resp. 6),
and had in their kIeeping the funds from  which  were held in the curia regia on the Via Sacra, to
the expences of the sacra publica were defrayed.  which was attached the residence of the pontifex
[SCRAx.]                                           maximus and of the rex sacrorum. (Suet. Caes. 46 
The pontiffs convoked the assembly of the curies  Serv. ad Aen. viii. 363; Plin. Epist. iv. 11.)  As
(conlitia calata or curiata) in cases where priests  the chief pontiff was obliged to live in a domus
were to be appointed, and flamines or a rex sacro- publica, Augustus, when he assumed this dignity,
rum were to be inaugurated; also when wills were  changed part of his own house into a domus pubto be received, and when a detestatio sacrorum and  lica. (Dion Cass. liv. 27.)  All the pontiff were
adoption by adrogatio took place.  (Gell. v. 193  in their appearance distinguished by the conic cap




942              PONTIFEX.                                           PORISTAE.
called tutulus or galerus, with an apex upon it, and  of the Luceres; that they stood in the seane rethe toga praetexta.                                lation to tile other pontiffl's as the patres niinorum
TFhe pontifex maxlimnus was the president of the  gentintL to the patres lsnaLjorumn gentitum; and that
college and acted in its nanme, whence he alone is  subsequently whlen the meaning of the name was
frequently mentioned in cases in which he mist be  forgotten, it was applied to the secretaries of the
considered only as the organ of the college.  He  great college of pontiffs.  In another passage (iii.
was generally chosen from  armong the most dis- p. 411) Niebuhr himself demonlstrates that the
tinilgished persons, and such as had held a curule  Luceres were never represented in the college of
magistracy, or were already members of the col- pontiffs, and hIis earlier supposition is contradicted
lege. (Liv. xxxv. 5, xl. 42.)  Two of his especial by all the statements of ancient writers who menduties were to appoint (capesre) the Vestal virgins  tion the  pontifices minores.   Livy (xxii. 57;
and the flamines [VESTALES; FLAMEN], and to  compare Jul. Capitol. Opil. Mlracrin. 7), in speaki)e presenlt at every marriage  by confarreatio. ing of the secretaries of the college of pontiffs,
VWhen festive games were vowed or a dedication  adds, " quos nune minores pontifices appellant;"
made, the chief pontiff had to repeat over belore  from which it is evident that the name pontifices
the persons who made the vow or the dedication, minores was of later introduction, and that it wTas
the formula iwith which it was to be performed  given to personlls who originally had no claims to it,
(psaaeire cerlza, Liv. v. 40, ix. 46, iv. 27). Duringr that is, to the secretaries of the pontiffs.  The
the period of the republic, when the people exer-  only natural solution of the question seems to be
cised sovereign power in every respect, we find  this.  At the time when the real pontiffs began to
that if the pontiff on constitutional or religious neglect their duties, and to leave the principal
grounds refused to perform this solemnity, lie mIight business to be done by their secretaries, it became
be compelled by the people.                        customary to designate these scribes by the name
A pontifex might, like all the members of the  of pontifices minores.  Macrobius (S(at. i. 15), in
great priestly colleges, hold any other military, speaking of minor pontiffs previous to the time of
civil or priestly office, provided the different offices Cn. Flavins, makes an anachronism, as he transfers
did not interfere with one another.  Thus we find  a name customary in his own days to a time
one and the same person being pontiff, augur, and  when it could not possibly exist.  The nnmber of
decenmvir sacrorum  (Liv. xl. 42); instances of a  these secretaries is uncertain; Cicero (de Harsusp.
pontifox maximus being at the same time consul, Resqp. 6) mentions the name of three minor pontiffs.
are very numerous.  (Liv. xxviii. 38; Cic. de  The name cannot have been used long before the
HIaru'sp  e. 6; compare Ambrosch, Stcudiesn qzd  end of the republic, when even chief pontiffs began
Asddeutzluqens, p. 229, note 105.)  But whatever to show a disregard for their sacred duties, as in
might be the civil or military office which a ponti- the case of P. Licinius Crassus and Julius Caesar.
*fex maximus held beside his pontificate, he was Another proof of their falling off in comparison
not alloved to leave Italy.  The first who violated  with former days, is that about the same time the
this law was P. Licinius Crassuls, in B. C. 131  good and luxurious living of the pontiffs became
(Liv. Eit. 59; Val. Max. viii. 7. 6; Oros. v. proverbial at Rome. (Horat. Cars. ii. 14. 26, &c.;
10); but after this precedent, pontiffs seem  to  Mart. xii. 48. 12; Macrob. Sat. ii. 9.)    [L. S.]
have frequently transgressed the law, and Caesar,    PONTIFICA'LES LUDI.  [LUDI PONTIFIthough pontifex maximus, went to his province of CALLES ]
Gaul.                                                P(YNTIFI'CIUM  JUS. [Jus, pp. 656, 657.]
The college of pontiffIs continued to exist until    POPA.  [CAUPoNA; SACRIFICIUM.]
the overthrow of paganism  (Arnob. iv. 35; Sym-    POPI'NA.  [CAUPONA.]
mach. Epit. ix. 128, 129); but its power and in-    POPULA'RES.  [NOBILES, p. 799, b.]
fluence were considerably weakened as the em-    POP ULA'RIA. [AIMPHITHEATRUMs, p. 88, b.]
perors, according to the example of Caesar, had    POPULIFUJ'GIA   or -POPLIFU'GIA,  the
the right to appoint as many members of the great day of the people's flight, wvas celebrated on the
colleges of priests as they pleased.  (Dion Cass. Nones of July, according to an ancient tradition
xlii. 51, xliii. 51, li. 20, liii. 17; Suet. Caes. 31.) preserved by Varro (De Lin2g. Lat. vi. 18, ed.
In addition to this, the emlperors themselves were  M~iilier), in commemoration of the flight of the
allways chief pontiffs, and as such the presidents of people, when the inhabitants of Ficulea, Fidenne,
the college; hence the title of pontifex m'xiimwns  and other places round about, appeared in arms
(P. M. or PON. M.) appears on several coins of against Rome shortly after the departure of the
the emperors.  If there were severmel eaperors at Gaulls, and produced such a panic that the Romans
a time, only one bore the title of pontifex inaxi- slcddenly fled before them.  Macrob-ins (Satuzrn.
mus; but in the year A. D. 238, we find that iii. 2), however, says that the Populifugia was celeeach of the two emperors Maximrns and Balbinns  brated in commemoration of the fliglht of the people
assumed this dignity. (Capitol. liTaxi7s. et Balb. before the Tuscans, while Dionysilus (ii. 76) refers
8.)   The last traces of emperors being at the  its origin to the flight of the people on the death of
same tinie chief pontiffs are foulnd in inscriptions  liomulus.  Niebuhr (Hist. of Rome, vol. ii. p.
Df Valentinian,   Valens, and Gratianus.  (Orelli,  573) seems disposed to accept the tradition preInscri?t. n. 1117, 1118.)   From  the time of served by Varro; but the different accounts of its
Theodosius the emperors no longer appear iii the  origin given by Macrobius and Dionysius render
dignity of pontiff; but at last the title was as — the story iuncertain.
shmed by the Choristian bishop of Rorome.            PO'PULUS.  [PATRICII.]
Tllhere were other pontiffs at Rome wrho were    PORISTAE  (mropra-rai), were magistrates at
distinguished by the epithet minores.  Various  Athens, who probably levied the extraordinary
opinions  have beien entertained as to what these  supplies.  (IlopLaTrai l Es'lY  pXv   Ts'AOp'?Y71y',
ontifices minores were.  Niebuhlr (i. p. 302. n. iJT1vse  rOpovs i(veTL, Bckker, Anec. p. 294. 19.)
P75) thnislk that they were originally the pontiffs  Alltiphlon (De C/zor. p. 791, Reiske) classes them




P-ORTA.                                            POR1TA.                   e43
writh the Poletae and Practores; and Demosthenes  but larger in proportion.  The wooden bar placed
(Philip. i. p. 49. 15) joins Tv XPp'GTWI, Traylfat  across them in the inside (/.oXkAs) was kept in
Kal 7roptioral, from  which it would appear that its position by the following method.  A  hole,
they were public officers in his time, although the  passing through it perpendicularly (ia NavoMdlcfl,
words do not necessarily prove this.  (Bclkh, Aenl. Tact. 18), admitted a cylindrical piece of iron,
PPhl. Econ. of Athens, p. 166, 2d ed.)             called t3dXavos, which also entered a hole in the
PORNAE  (7r6pvai).  [HETAERAE.]                 gate, so that, until it was taken out, the bar could
PORPE  (7rop7rr).  [FIBuLA.]                    not be removed either to the one side or the other.
PORTA (orbArl, dim. 7rvAs), the gate of a city, (Thucyd. ii. 4; Aristoph. Vesp. 200; 3ECEaAdvoCrat,
citadel, or other open space inclosed by a wall, in  A es, 1159.)  Another piece of iron, fitted to the
contradistinction to JANUA, which was the door of  ciaAavos and called   aAeavs'ypa, was used to exa house or any covered edifice.  The terms psorta  tract it. (Aen. Tact. 1. c.)  When the besiegers, for
and 7riXrs are often found in the plural, even when  want of this key, the  aXscavdypa,  were unable to
applied to a single gate, because it consisted of remove the bar, they cut it through with a hatchet
two leaves.  (Thucyd, ii. 4; Virg. Aen. ii. 330.)  (Thucyd. iv. 111; Polyb. viii. 23, 24), or set it
The gates of a city were of course various in  on fire.  (Aen. Tact. 19.)
their number and position.  The ancient walls of    The gateway had commonly a chamber, either
-Paestum, Sepianum, and Aosta, still remain and  on one side or on both, which served as the resiinclose a square: in the centre of each of the four deuce of the porter or guard. It was called 7rvAci6
walls was a gate.  If, instead of being situated on  (Polyb. viii. 20, 23, 24).  Its situation is shown
a plain, a city was built on the summit of a pre- in the following plan.  (See wood-cut.)  But the
cipitous hill,. there was a gate on the sloping de-o  gate-way was also, in many cases, surmounted by
clivity which afforded the easiest access.  If, in  a tower, adapted either for defence (pOetiS turres
consequence of the unevenness of the ground, the  i71posuit, Caes. B. G. viii. 9; Virg. Aen. vi. 552form  of the walls was irregular, the number and  554) or for conducting the general business of gosituation of the gates varied according to the cir- vernlent.  In the gates of Como and Verona this
cumstanccs.   Thus Megara had  5 gates (Rein- edifice is 3 stories high.  At Treves it was 4
ganum, AMegaris, pp. 125, 126); Thebes, in Boeo- stories high in the flanks, although the 4 stories
tia, had 7; Athens had 8 (Ersch u. Gruber, Esncyc. remain standing in one of them  only, as may be
s.v. Attica, pp. 240, 241); and Rome 20, or per- observed in the annexed wood-cut.  The length
haps even more.
The jambs of the gate were surmounted, 1. by a
lintel, which was large and strong in proportion to
the width of the gate:  examples of extremely
massive jambs and lintels are presented by the
gates in the so-called Cyclopean Walls; see, for!
instance, the engraving of the celebrated Lion-         JJ i           
Gate at Mycenae, under MuRus, p. 770, b.  The                                                  -
lintel of the centre gate leading into the Athenian
Acropolis, is 17 feet long.  2. by an arch, as we
see exemplified at Pompeii, Paestum, Sepianusm,
Volterra, Suza, Autin, Bezaliqon, and Treves.  3.
At Arpinum, one of the gates now remaining is
arched, whilst another is constructed with the
stones projecting one beyond another, after the
manner represented in the wood-cut, at p. 125.
(Keppel Craven, Exzcursions in the Abruzzi, vol. i.
p. 108.)
At Como, Verona, and other ancient cities of
Lombardy, the gate contains two passages close                           JD
together, the.one designed for carriages entering,........
and the other for carriages leaving the city.  The
same provision is observed in the umagnificent ruin
of a gate at Treves.  (See the following woodcut,      j
showing a view of it, together with its plan.)  In
other instances we find onily one gate for carriages,             i.' 
but a smaller one on each side of it (7raparits,'r:.el                   11.:....:....
Heliodor. viii. p. 394) for foot-passengers.  (See
the plan of the gate of Pompeii, p. 256.)  Each of
the fine gates which remain at Autun has not
only two carriage-ways, but exterior to them two  of this building is 115 feet; its depth 47 in the
sideways for pedestrians.  (Millin, Voyage dans  middle, 67 in the flanks; its greatest height, 92.
les Dipartemens, &c. vol. i. ch. 22.  Atlas, P1. 18. All the 4 stories are ornamented in every direcFigs. 3, 4.)  When there were no sideways, one  tion with rows of Tuscan columns.  The gateways
of the valves of the large gate sometimes contained  are each 14 feet wide.  The entrance of each apa wicket (potulae, rTuALs: po7rrXro7), large ensough  pears to have been guarded, as at Pompeii (see
to admit a single person.  The porter opened it p. 256), first by a portcullis, and then by gates of
when any one wished to go in or out by night. wood and iron. The barbican, between the double
(Polyb. viii. 20, 24; Liv. xxv. 9.)                portcullis and the pair of gates, was no doubt
The contrivances for fastening gates were in  open to the sky, as in the gates of Pompeiil
general the same as those used for doors [JsANtL j] This edifice was probably erected by Constantine;




o944             PORTICUS.                                         PORTORI UAt,
(WVyttenbach's Roman Ant. of Treves, pp. 9-39.)  great fondness for such covered walks from  the
Its rows of ornamental windows and the general Greeks; and as luxuries among them were carried
style of its architecture, afford sufficient indica- in everything to a greater extent than in Greece,
tions, that although very strong, it was not intended  wealthy Romans  had their private porticoes, somesolely, nor principally, for the purposes of defence, times in the city itself, and sometimes in their
but to be applied in time of peace to the various  country-seats.  In the public porticoes of Rome,
obljects of civil government.  To these latter pur-  which were exceedingly numerous and very exposes the gate house (7rvXA&) was commonly de- tensive (as that around the Forum and the Campus
voted, more especially in Eastern countries. Hence  Martius), a variety of business was occasionally
Polybius (xv. 29) calls a building at Alexandria  transacted: we find that law-suits were conducted
TOYb Xp7FIUaTLsTKbCy  rIviu rYX r TY  BaoL-Aecov, i. e. here, meetings of the senate held, goods exhibited
11 the gate-house of the palace, used for the trans-  for sale, &c. (See Pitiscus, Lexicon, s. v. Porticus,
action of public business."  In the Old Testa-  who has given a complete list of all the porticoes
ment the references to this custom  are very fre-  of Rome.)                               [L. S.]
quent.  By metonymy " the gates" meant those    PORTI'SCULUS (sceeEva-rTs), an officer in a
who administered justice at the gates and wielded  ship, who gave the signal to the rowers, that they
the powers of government.  (Hom. Ii. ix. 312; might keep time in rowing.  The same name was
MIatt. xvi. 18.)                                   also given to the pole or hammer, by the striking
Statues of the gods were often placed near the  of which lie regulated the motion of the oars.
gate, or even within it in the barbican, so as to  (Festus, s. a.)  The duties of this officer are thus
be ready to receive the adoration of those who  described by Silius Italicus (vi. 360, &c.) -
entered the city.  (Paus. iv. 33. ~ 4; Lucret. i.                          stat margine puppi
314; Acts, xiv. 13.)  The probable position of the      Q   v         edae stat marum te   pupr s,
statue was the point S in the above plan.  The          Qti roce aiternos nautarum temperet ictus,
gate was sometimes much  ornamented.  Sculp-            rc  sonitum plauat  esonantia caterula tonsis.
tured elephants, for example, were placed upon
the Porta Aurea at Constantinople.     [J. Y.]       This officer is sometimes called loertator (Ovid,
PORTENTUM.  [PsronDIGIUM.]                     Aiet. iii. 618; Plaut.  lerlc. iv. 2. 5; Virg. Aen.
PO'RTICUS (-Trod), a walk covered with a  iii. 128) or PAvs RIuvs. (Compare Blomfield, ad
roof, which is supported by columnns, at least on  Aesch. Pers. 403.)
one side.  A  porticus was either attached  to       PORTITO'RES. [PORTORIUM; PUBLICANIM.]
temples and other public buildings, or it was built    PORTO'RIUIl was one branch of the regular
independent of any other edifice.  Such shaded  revenues of the Roman state, consisting of the
walks and places of resort are almost indispensable  duties paid on imported  and  exported goods:
in the southern countries of Europe, where people  sometimes, however, the name portorium  is also
live much in the open air, as a protection from the  applied to the duties raised upon goods for being
heat of the sun and from rain.  This was the case  carried through a country or over bridges.  (Plin.
in ancient times to a much greater extent than at HII. N. xii. 31; Sueton. Fitell. 14.)  A portorium,
present.  The porticoes attached to the temples  or duty upon imported goods, appears to have
were either constructed only in front of them, or been paid at a very early period, for it is said that
went round the whole building,and temples received  Valerins Publicola exempted the plebes from the
different names according to these different porticoes, portoria at the time when the republic was threatand according to the arrangement of the columns  ened with an invasion by Porsenna.  (Liv. ii. 9 
of the porticoes. [TEMPIPU.I.] They were origin-  compare Dionys. v. 22.)  The time of its introally intended as places for those persons to assemble  duction is uncertain; but the abolition of it asand converse in who visited the temple for various  cribed to Publicola caii onlyhave been a temporary
purposes.  As such temple-porticoes, however, were  measure; and as the expenditure of the republic
found too small or not suited for the various pur- increased, new  portoria must have been introposes of private and public life, most of the Greek  duced.  Thus the censors M. Aemilius Lepidus
towns had independent porticoes, some of which  and M. Fulvius Nobilior instituted portoria et vecwere very extensive, especially in their places of tqtialia multa (Liv. xl. 51), and C. Gracchus again
public assembly [AnoRA]; and as the Greeks, increased the number of articles which had to pay
in all their public teorks, soon went beyond the  portoria. (Vell. Pat. ii. 6.)  In conquered places
limits of mere utility, these public walks were not and in the provinces the import and export duties,
only built in the most magnificent style, but were  which had been paid there before, were generally
adorned with pictures and statues by the best not only retained, but increased, and appropriated
masters.  Of this kind were the Poecile (oi-eo  to the aerarium.  Thus we read of portoria being
7roisciXre) and  oroa &aXs1r0os at Athens (Athen. paid at Capua and Puteoli on! goods which were
xiii. p. 577; Pans. i. 3. ~ 1, &c.), and the o-oa  imported by merchants.  (Liv. xxxii. 7.)  Sicily,
Ilepsonch at Sparta.  (Paus. iii. 11. ~ 3.)  The  and above all, Asia furnished_ to the Roiman treaSkias at Sparta, where the popular assemblies  sury large sums  vhlich were raised as portoria.
were held, seems to have been a building of the  (Cic. c. Ferr. ii. 75, pro Leg. Mlahzil. 6.)  In some
same kind. (Pans. iii. 12. ~ 8.)  In most of these  cases, however; the Romans allowed a subject
stoae, seats [EXEDRAE] were placed, that those  nation, as a particular favour, to raise for theemwh}o were tired might sit down.  They were fre- selves whatever- portoria they pleased  in their
quented not only by idle loungers, but also by  ports, and only stipulated that Roman citizens
philosophers, rhetoricians, and other persons fond  and socii Latini should be exempted from  them.
of intellectual conversation.  The Stoic school of (Liv. xxxviii. 44; Gruter, Inscript. p. 500.)  Inl
philosophy demlved its name from the circumstance, the year 60 a. c. all the portoria in the ports of
that the founder of it used to converse with his  Italy were done amway with, by a lex Caecilia
disciples in a stoa.  The Romans derived their carried bythe praetor Q. Metellus Nepos.  (Dioe




PORTORIUUI.                                           POSSESSIO.                    4S5
Cass. xxxvii. 51  Cic. ad Ait. ii. 16.)  It appears; weselns in1 Im17. Slutat, 1BralnschweiF'1803, 2
however, that the cause of this abolition was not  vols.; Jlegewisch, Versucli iiber die IRle. FTntinany complaint by the people of the tax itself, but zen, Altona, 1804.)                       [L,  S.]
of the portitores, i. e. the persons wlio collected it,    PORTUMNA'LIA, or PORTUNA'LIA,    1
and who greatly annoyed the merchants by their  festival, celebrated  in honour of Portumnus, or
UIfair conduct and vexatious proceedings. [PUBLI-  Portunus, the god of harbours.  (Varro, De Ling'.
CANI.]  Thus the republic for a time only levied  Lat. vii. 19, ed. MUiller.)  It was celebrated on
import and export duties in the provinces, until  the 17th day before the Kalenlds of September.
Julius Caesar restored the duties on commodities  (Chlendclriumn Alqcfi.)
imported from foreign countries.  (Suet. C(ues. 43.)    POSCA, vinegar mixed with water, was the
During the triumvirate new portoria were intro-  common drink  of the lower orders among the
duced (Dion Cass. xlviii. 34), and Augustus partly  Romans, as of soldiers when on service (Spart.
inclreased the old import duties and partly insti- IHadr. 1 0), slaves (Plaut. MAfl. iii. 2. 23), &c.
tuted new  ones.  The subsequent: emperors in-    POSE'IDO'NIA  (WroreldsVla), a festival *held
creased or diminished this branch of the revenue  every year inl Aegina in honour of Poseidon.;
as necessity required, or as their own discretion  (Athen. xiii. p. 588; Plut. Qltuest. Gf'. 44.)  It
dictated.  seems to have been celebrated by all the inhabitAs regards the articles subject to anl import  ants of the island, as Athenaeus (xiii. p. 590)
duty, it may be stated in general terms, that all calls it a panegyris, and mentions that during one
commodities, including slaves, which were im-  celebration Phryne, the celebrated hetaera, walked
ported  by merchants *for the purpose of selling  naked into the sea in the presence of the assemthem   again, were  subject to the  portoriusn;  bled Greeks.  The festival is also mentioned by
whereas things which a person brought with him   Theodoretus (Tl/ercp. 7), but no5 particulars  are
for his own use, were exempted from it.  A  long  recorded respecting the way in which it Iwas celelist of such taxable articles is given in the Digest  brated. (Colmp. Miiller, Aeyinet. p. 148.)  [L. S.]
(39. tit. 4. s. 16; compare Cic. c. Iresi ii. 72, 74).    POSSE'SSIO.  Paulus (Dig. 41. tit. 2. s. 1)
Manly things, however, -which belonged more to  observes, CC Possessio appellate est, ut et Labeo
the luxuries than to the necessaries of-life, such as  ait, a pedibus, quasi positio: quia niaturalitei
etnucrhs and handsome youths, had to pay an  tenetur ab eo qui insistit."  The absurdity of the
iumport duty, even though they were imported by  etymnology and of the reason are equal.  The elepersons for their own use.  (Suet. De clrf. Rlet.  ments of Possidere are either pot (pot-is), and
I; Cod. 4.- tit. 42. s. 2.)  Things which were isa-  sedere; or the first part of the word is related to
ported for the use of the state were'also exempt  capsd, and the cognate Greek fornnof t7rOTL (,rpos).
fi:oin the portorium.  But the governors of pro-    Possessio, in its primary sense, is the power by:illces (praesides), When they sent persons to pur-  virtue of which a mail has such a mastery over a
chlase things for the use of the public, had to write  corporeal thing as to deal with it at his pleasure
a list of stuch things for the publicani ( poetitoses)  and to exclude other persons from  meddling with
to enat;le the latter to see whether more things  it.  This condition or power is called Detention,
wvere imported than what were ordered (Dig. 39. and it lies sit the bottom of all legal senses of the
tit, 4-. s. 4); for the practice of smuggming appears  word Possession. This Possession is no legal state
to liave been as common amlong the Romans as in  or condition, but i:t may be the source of rights,
modern times.  Respecting  the right of the porti-  and it then becomes Possessio in a juristical or
tores to search travellers and merchants, see PUB — legal sense.  Still even in this sense, it is not in
I ICA NI;  Such goods as were duly stated to the  any way to be confounded with Property (proportitores were called scrispta, and those which  prietas).  A  man may have the juristical possesWere not, inscripta.  If goods subject to a duty  sion of a thing rwithout being the proprietor; and a
were concealed, they were, on their discovery, con-  mall may be the proprietor of a thing without havfiscated.  (Dig. 39. tit. 4. s. 16.)                ing the Detention of it, or even the juristical pos
Respecting the amllount of the import or export session. (Dig. 41. tit. 2. s. 12.)  Ownership is the,
duties we -have, but very few statements in the  legal capacity to operate on a thing:according to a
ancient -writers.  In the time of Cicero the por-  maln's pleasure and to exclude everybody else frons
toliull in the ports of Sicily was one-twentieth  doing so.  Possession, in the sense of Detention,
(vicesims) of the value of taxable articles (Cic.  is the actual exercise of such a power as the owner
c. Verr. ii. 75); and as this was the customary  has a right to exercise.
riate in Greece (Bcklh, Pulbl. Ecosn. p. 325, 2d       Detention becomes juristical possession and the
edit.), it is probable that this was the average  foundation of certain rights,, when -the Detasiner
slmn raised in all the other provinces.  In the  has the intention (animus) to deal with the thing
times of the emperors the ordinary rate of the por-  as his owIn.  If lie deal with it as the ploperty of
torium  appears to have been the fortieth  part another, as exercising over it the rights of another,
(quadragesimza) of the value of imported goods. he is not said " possidere "in a juristical sense;
(Suet. Vespas. 1; Quintil. Declcaem. 359; Synimach.  but le is said " alieno no I ine possidere."  This
Epist. v. 62, 65.). At a late period the exorbitant  is the case with the Commodatarius and with him
sum of one.eighth (octave, Cod. 4. tit. 61. s. 7) is  who holds a deposit. (Dig. 41. tit. 2. s. 18, 30.)
mentioned as the ordinary import duty; but it is   WXhen the Detention is made a juristical Posuncertain whether this is the duty for all articles  sessio by virtue of the aninlus, it lays the foundof commerce, or merely for certaiIn things.         ation of a right to the Interdicts, and by virtue of
The portorium  was, like all other vectigalia,  Usucapion it L may become ownership.  The right
farmed out by- the censors to the publicani, who  to the Interdicts is simply founded on a juristical
collected it through the portitores. [VECTIGALIA; possession, in whatever way it may have originated,
Pulvnr, crN.]  (Burmnain, De Vectigaliuss Populi
Roie. pp. 50-77; I. Bosse, Griznsdzii#c des Fiazs-              " Sedibus." - Ed. Flor.
3P




nIG               POSSESSIO.                                             POSSESSIO.
except that it must not have originated illegally  simply; and this is the meaning of Possessio, when
with respect to the person against whom the Inter-  it is used alone, and yet in a. technical sense.  As
diet is claimed.  [INTERDICTUnM.]   Simply by  opposed to this sense of Possessio all other kinds
virtue of being possessor, the possessor has a better of Detention are also called Naturalis Possessio,
right than any person who is not possessor.  (Dig. the opposition between the Natural and the Juris43. tit. 17. s. 1, 2.)  Usucapion requires not only  tical Possession  (possessio) being here expressed
a juristical possessio, but in its orgin it must have  just in the same way as this opposition is denoted
been bona fide and founded on a justa causa, that in the case of the Civilis Possessio. There is thereis, on some legal transaction.   He who buys a  fore a  twofold  Juri-stical  Possessio:  Possessio
thing from a man who is not the owner, but whom  Civilis or Possession for the purpose of Usucapion
he believes to be the owner, and obtains possession  and Possessio or Possession for the purpose of the
of the thing, is a bona fide possessor with.a justa. Interdicts.  It follows that Possessio is included
causa.  [UsuCAPIo.]                                   in Possessio Civilis, which only requires more con.
The right which is founded on -a juristical pos- ditions than Possessio.  If then a man has Possessio is a Jus possessionis, or right of possession, sessio Civilis, he has also Possessio, that is the
that is, a right arising  from  a juristical posses- right to the Interdicts; but the converse is not
sion.  The expression Jus possessionis is used'by  true.  Possessio Naturalis, as above observed, has
the Roman Jurists.'The right to possess, called  two significations, but they are both negative, and
by modern Jurists, Jus possidendi, belongs to the  merely express in each case a logical opposition,
theory of Ownershiip.                                 that is, they are respectively not Possessio Civilis,
All Juristical Possessio then, that -is, Possessio  or Possessio (ad Interdicta).  The various expresin the Roman Law, as a source of rights, hasl sions used to denote bare Detention are " tenere,"
reference only to Usucapion and Interdicts; and  " corporaliter possidere," " esse in possessione."
all the rules of law which treat Possession as a  (Savigny, p. 109.)
thing of a juristical nature have no other object    In the case of a thing being pignorated, the perthan to determine the possibility of Usucapions and  son who pledges it'has still the possessio ad usuof the Interdicts. (Savigny5 Des Recht des Besitzes, capionem, but the pledgee alone has the possessio
p. 24, &c.)                                           ad interdicta.  It is not a Possessio Civilis which
~In answer to the  question to which class of is the foundation of the pledger's title  by usuRights Possession belosns, Savigtny obser-ves (~ 6),C  capion; but by a special fiction he is considered to
So far as concerns Usucapion, one cannot sup- have such  Possession, and so the case is a special
pose the thing to be the subject of a questiom   No  exception to the general rutle  " sine possessione
one thinks of asking, to what class of rights a  usucapino contingere non potest."
justa causa belongs, without which tradition can-    Possessio Justa is every Possessio that is not
not give ownership.   It is no right, but it is a  illegal in its origin, whether such Possessio be
part of the whole transaction by which ownership  niere Detention or Juristical Possessio.  The word
is acquired.  So is it with Possession in respect to Julsta is here used, not in that acceptation  in
Usucapion.                                            which it has reference to Jus Civile and is equivaThe right to Possessorial Irterdicts belongs to  lent to Civilis or Legitima; but in another sense.
the Law of Obligationes ex mrleficiiis. "The right  which is more indefinite anld means " rightful:
to possessorial Interdicts then belongs to the Law  generally, that is, not wrongful. The creditor who
of Obligationes, and therein possession is only so  is in possession of a pledge, has a Justa Possessio,
far considered, as containing the condition without but not a Civilis Possessio: he has, however, a
which the Interdicts cannot be supposed possible. Juristical Possessio, that is, Possessio, and conThe Jus Possessionis eonsequently, that is the  sequently a right to the Interdicts.  The Missio
right, which mere possession gives, consists simply  in Possessionem  is the foundation of a Justa Posin the claim  which the Possessor has to the Inter-  sessio, but, as a general rule, not of a Juristical
diets, as soon as his possession is disturbed in a  Possessio.  Possessio Injusta is the logical opposite
definite form.  Independent of this disturbance, of Justa, and in the case of Possessio Injusta there
bare possession gives no rights, neither a Jus Obli-  are three special Vitia possessionis, that is when
gationis, as is self-evident, nor yet a right to the  the Possession has originated Vi, Clam, or Precario.
thing, for no dealing with a thing is to be consi-  (Terentius, Eunuch. ii. 3. Hane t  n ilhi vel vi,
aered as a legal act simply because the person so  vel cloan, vel precario Jfc trades: Dig. 43, tit. 17.
dealing has the possession of the thing." (Savigny, s. I, 2.)
p. 34.)    -                                             With respect to the causa Possessionis, there
The term Possessio occurs in the Roman jurists  was a legal maxim: Nemo sibi ipse causam  posin various senses.  There is Possessio generally,  sessionis mutare  potest, which  applies both  to
and Possessio Civilis, and Possessio Naturalis.       Civilis and Naturalis Possessio.  This rule is exPossessio  denoted  originally- bare Detention. plained by Savigny by means of Gains (ii. 52, &c.)
But this Detention under certain conditions be.. as having reference to the old usucapio pro herede,
comes a legal state, inasmuch as it leads to owner-  and the meaning of it was that if a person had once
ship through Usucapion.  Accordingly the word  begun to possess with any particular cause, he could
Possessio, which required no qualification so long  not at his pleasure change such Possessio into a
as there was no other notion attached to Possessio, Possessio pro herede.  (Savigny, p. 56.)
requires such qualification when Detention becomes    A Possessor bonae fidei is he who believes that
a legal state.  This Detention then, when it has  no person has a better right to possess than himthe conditions necessary to Usucapion, is called  self.  A  Possessor malae fidei is he who knows
Possessio Civilis; and all other Possessio as op-  that he has no right to possess the thing. (Savigny,
posed to Civilis is Naturalis.  But Detention may  p. 84.)
also be the foundation of Interdicts, which notion       Besides these various meanings of Possessio, Posof possession  is alwrays expressed by Possessio  sessor, Possidere, at the bottom  of ail which lies




POSSESSIO.                                            POSSESSIO.                   9 l7
the notion of Possession in the sense of Detention, relation to the jus in re, that proper possession has
there are some other meanings, " To have owner- to ownership.  (Savigny, p. 166.)
ship" is sometimes expressed by Possidere, the          In order to the acquisition of juristical Possessio,
thing, which is the object of ownership, is some- apprehension and animus are necessary.  The aptimes Possessio, and the owner is Possessor. This  prehension of a corporeal thing is such a dealing
use of the word occurs frequently in the Code and  w ith it as empowyers the person who intends to
Pandect, and also in Cicero, Q'uintilianl. Horace, acquire the possession to operate on the thing to
and other writers.  But it is remarked by Savign s  the exclusion of' all other persons.  Actual cor.
that these meanings of Possidere,. Possessio, &c., poreal contact with the thing is not necessary to
always refer to land as their object.  The phrase  apprehension.: it is. enough if there is some act on
" Possessio populi Romani," is applied by Cicero  the part of the person wh'. intends to acquire posto public land, and it is translated by Plutarch  session,. which gives him  the physical capacity to
(Pomp. 39), tcriT.a roi,tous P*oo. P aoPw.ia _     operate on file thing at his pleasure.  Thus in the
Possessio also denotes the relation of a defend-  case of a piece of ground, he who enlters upon part
ant with respect to a plaintiff.  For instance, when  is considered to have entered upon the whole.  A
ownership is claimed, the demand must be against man may acquire possession of what is contained
a person ill possession; but this does not mean  in a thing by delivery of the key which gives him
that such person mlust have a juristical possession. access to the cointenlts, ill the presence of (apred)
In a Vindicatio accordingly the plaintiff is called  the thi.a.   The case menetioned in the Digest
Petitor, and the defendant is named Possessor, be-  (Dig. 18. tit. 1. s. 74) is that of the  key of a
cause in fact he has the possession of that which  granary being delivered inu siglht of the granary
the plaintiff claims.  The procedure by t-he Vindi-  (apud iorrea).  The deliveroy of the key is not a
catio was also adapte&; to the case of anl hereditas; symbolical delivery, as souse have supposed, bust
iand here also the term  possessor was applied to  it is thle delikery of the means of getting at the
the defendanlt.  In many cases the. possessor was thing.  (Comlpare Lold Hardwicke's remarks on
really such, and olle   object of the hereditatis pe- this imatter, Ward v. Turner, 2 Vez.)
titio was to recover' single thisngs wvsichl the de-    The animus consists ill the will to treat as one's
fendalt possessed pro herede  or pro possessore. own the thing that is the object of our appreleniBut the term  possessor wsas not limited to such  sion.  All persons therefore who are legally incases, for the defenldant is called possessor when  competent to will, are incomipetent to acquire a
the petitio is not about a matter of possession. I-le  juristical  possession.   Infantes and furiosi aro
is called Juris possessor, because lie refuses to do  examples of such persons.  If a lmai has tile desomrething wvhichl thile  eres claims of him. to, do, tention.ofo a thingl, lie can acquire the Possessio by
or because he asserts his rioght to, a. portion;iofthle  the aiinims   alone;   for the  other condition lias
hereditas.  (Savigny- p. 87..)                       been aliteadwl osipliedv with.
The juristicail lsotion of Pbssession:  ilmplies    a  I-In order: tliat. juristical possessions may be acthing whslich cai'n be- thie- object of oxlusership: it quired, there mniustWlways be the animus on tile part
also implies th-st the Pbssessor' call be no othler  of him whlo intends. to acquire the possession  but
than a persoin who has a capacity for oxwnership.:the act of apprdmnsio no  (o:ioilY)  enay be effected
The nlotion of possession is such that onlyx one  by another as his repslresenttCtivc, if that other does
person at a time can possess the whole of a thing  the necessary acts, and xwith the intention of ac(plures easndemZ  slenze- in soliduszs possidere  2oe f)OS- qusilstig the possession for the othler, and not for
eunt).  When several persons possess a thing in  himself.  (Pasulus,,S. 5. 1;. tit. 2. s. 1.)  There
common,so that their possession is, m-nutuall, limited, must be a certainl roeltioe  between the person for
each in fact possesses only a fractional part of the  whom possession is thus acqumired and'the person
thing, but does not possess the other parts, and  vwho acquires it for him, eithec of legal power (pothough the division. ihto parts is only ideal, this  testas), or of agency:  the fosucer is the case of a
does not affect the legal consideration of the matter. slave or filiuls famnili;as who obeys a command, and
Persons may also possess the same thinio ill dif-  the latter is thee caseof ml  agaent who follows illferent senses, as in the case of the debtor and his  structions (emcnsdatonm).  A person, who isalreadcreditor who has receixved fromll himss a pignus.    thle representative of another, and has the Possessio
Though things incorporeal cae not strictly obh  of a thing, may by the animus alone cease to have
jects of possession, yet there is a Juris quasi pos- the Possessio for himself and lave it for that other,
sessio of them, as for instance in the case of ser- retaining only the bare detention,
vitutes.  The exercise of a right of this kiind is    Possessio, that is the Right of Possession, can
analogous to the possession of a corporeal thing: il  1be transferred, w ithout the transfer of owlvership.
other words, as real possession consists in the exer-  In this case of derivativ  e Possessio the apprehencise of ownership, so this kilmd of possession, wvhich  sion is the same as slm the case of acquiring a
is fashioned fromll  analogy to the other, consists in  juristical possessio; but the animus With which
the exercise of a jus in re, or a right xvhicll is not the thing is apprehended, cannot be the "animus
ownership.  In the case of Possession, it is the  domuini," but merely the  "ianimus possidendi,"
thing (cospuss) which  is possessed, and not the  that is, tle'wsill to acquire the Jus Possessionis,,property: by analogy then xwe should not say that  which the Possessor transfers, and nothing more.
the servitus or thie jus in re is possessed.  But as  The Detention of a thing may be transferred within the case of a jus ill re there is nothing to which  out the ownership,  but the t'ansfer of the detenthe notion of possession canl be attached, vwhile.in  tiomn is not alway's saccompanied by a transfer of thle
the case of ownership there is the thing to which  Jus Posessio is.  There are three classes listo
-wre apply the notion of possession, we are comn-  which all acts may be distributed which are acpelled to resort to the expression Juris Quasi Pos-  companied with a transfer of Detention: 1, those.sessio, by which nothing more is meant thasn the'which are  never the foundation of a derivative
exercise of a jss in le-, xwhich exercise has the sarleis. Possessie,, those which alw iay-s  sire, and 3, those




948               POSSESSIO.                                             POSSESSIO.
which are sometimes.   The First class compre-    Every possession continues so long as the corpusn
hends such cases as those when the detention of a  a and the animus continue. (Savigny, p. 339.)  If
thing is transferred to an agent (procurator), and  both cease or either of them ceases, the possession
the case of a Commodatum.  [CosrionDxATuA.]  is gone.  (Dig. 41. tit. 2. s. 3. 46.)   As to the
The Second  class comprehends the case of the  corpus, the possession is lost, when in consequence
Einphyteuta, which is a Possessio, but only a de-  of ally event the possessor cannot operate on the
rivative one, as the Emphyteuta has not the animus  thing at his pleasure, as before.  In the case of
domini; it also comprehends the case of the cre-  moveable things, the possession is lost, when an,
ditor who receives the detention of a pignus by a  other person has got hold of them, either by force
contractus pignoris, and with the detention, the Jus  or secretly: in the case of immoveable things, it is
Possessionis; but it does not comprehend the case  lost when a man has turned another out of the posof a Pignus praetorium, Pignus in causa judicati  session; but if in the absence of the possessor, ancaptum, nor a Pactum hypothecae.  In the case of other occupies his land without his knowledge, he
a contractus Pignoris, when the thing was deli-  does not lose the possession till he attempts to exvered to the creditor, l he had Possessio, that is, a  ercise ownership over the land and is prevented by
right to the Interdicts, but not Possessio Civilis,  the person then in possession of it, or through fear
that is, the Right of Usucapion.  The debtor had  does not attempt to recover his possession.  The
no Possessio at all, but by virtue of an exception to  possession thus acquired by the new possessor is a
a general rule, the usucapion that had been com.. violenta possessio.  If the former possessor knows
menced, still continued.  The Third class compre-  the fact and acquietsces by doing nIothing, he loses
hends Depositum and Precarium.                        the possession by the animus alone.   In the case
The Right of Possession consists in the rioht to  of possession being lost by animus alone, it may
the protection of the Interdict [INTERDnCTumi],  be effected either expressly or tacitly; the  only
and this protection is also extended to Jura in re. thing necessary is that there must be an intentionl
The relation of the Juris quasi possessio to Pos-  to give up the possession.   The possession is lost
sessio has been already explained.  The objects of corpore et aninmo, when the possessor gives up a
this Juris quasi possessio are Personal servitutes,  thing to *another to possess as his own.- Il the
Real servitutes, ald Jura in re  which  do not  case of a Juris quasi possessio, as well as in that
belong to the class of Servitutes, of which Super-  of Possessio proper, the continuance of the possessio
ficies is the only proper instance. (Sarigny, p. 525.)  depends  on  the  corpus  and  animus  together.
In all the cases of Juris quasi possessio, the ac- There can be no Juris quasi possessio without the
quisition and the continuance of the right of pos-  animus possidendi;  and if there  be merely the
session depend on the corpus and animus; and the  animsis possidendi, the Juris quasi possessio must
nimnus is to be viewed exactly in the same way  cease.
as in the case of possession of a corporeal thing.    Possessio can be lost by means of a person who
The exercise of Personal servitutes (particularly  represents the Possessori  Such person may himusus  and ususfructus)  is inseparable froml  the  self acquire the possession by exercising the animusi
natural, possession of the thing; and the posses-  possidendi, whena it is accompanied with a sufficient
sion of them is consequently acqusired in the saule  ccrporeal act: in the case of moveable things, this
way as the possession of a corporeal thing.  As to  is furtun; in the case of iIlmoveable things, it is
the Juris quasi possessio of Real Servitutes, there  violent dispossession.   The possession call be lost
are two cases: either he who has a right to the  through the representative, in all cases in which it
Servitus, must do some act, which if he had not  would have been lost by the possessor, if there had
the right, he might be forbidden to do (servitus  been no representation. 
quae icn patiendo consisit); or the owner of property    In muany of the systematic expositions of Roman
has no right to do some particular thing, which, if  Law, the theory of P'ossessio is treated as introthe right did not exist, he migoht do (servitius quae   duetory to the theory of Ownership (Doi:niziuai).
in 0non ficiendcco consistit).  As to the first class,  The view which has been here given of it, is also
which  may be called  Positive  Servitutes, the  not universally acquiesced in, but it is the correct
acquisition  of the Juris  qusi   possessio  consists  viewv.  For instance, Gans in his chapter on Posmerely in doing some act, which is the object of session (System rdes RMnm. Civilrvecits in1z Grundrisse,
the right, and the doing of this act must be for the  &c.) begins with the two following sections:purpose of exercising the right.   (Dig. 8. tit. 6.    ~ 103.  Darstellung der verschiedenen herschs. 25.)  This rule applies to the  Jus  Itineris,  enden Meinungen Hiber den Besitz. -  Der Besitz
Actus, Viae, and others, which are independent of ist kein bloesses Factum, und  ensteht nicht als
the possession of any other property by the person Iecht, durch  den uImweg des Unrechts.
who claims the Jus.  Such an act as the Jus tigni. ~ 104.  Der Besitz als das Eigenthum nach der
immittendi,  or the driving a beam into the wvall of  Scite des bloess besonderen willens.-Anfangendes.
one's neighbour's house, is a right connected with  prHsumtives Eigenthuim.
the possession of another piece of property, and the     Savigny's view on the contrary is briefly this:
possession of this right consists in the exercise of  " Possession is a Fact (Factumn), so far as a nlere
it.  As to the second class which may be called  factish  (untciistical)  relation  (detentions) is the
Negative Servitutes, the Juris quasi possessio is  foundation of it.  But Possession is also a Right,
acquired in consequence. of the person whose right  so far as  rights are connected with the bare existis thereby limited, attempting to do some act con-  ence of the relation of Fact. Consequently Possestrary to the right of the person xwho claims the  sion is both Fact and Right."
servitus, and meeting with opposition to such act    Also-" The only Right arising from bare Posand acquiescing in the opposition.  (Dig. 8. tit. 5.  session is a Right to the Interdicts "-and " the,s. 6.). This Juris quasi possessio may also  be  Right to the Interdicts is founded on the fact:of:founded on a legal title, that is, on any juristical  the Exercise of Ownership being obstructed wrongtransaction which can give such right.                fully, as for instance, by force."




POSSESSIO.                                      POSTLIMINIUM..'9:9
(On what ground is hare Possession to 1)e main-  was a simrfple process to transfer it to that notion of
tained, if it is not a Right?  The answer is, that  Possessio which had existed in the case of the Ager
Possession cannot be disturbed except by force, Publicus.  [EMPIYTVEUSIS.]
and force is not allowed.  The fundamental notion    This article read in connection with the article
then is this; a violent disturbance of Possession is  on the Agrariae Leges, and the Licinian Rogaan attack on a man's personality, on his freedom.   tions FLEX, pp. 693, 694], will give the reader an
It is shown in the article AGRARIAE LcEGCs that  outline of the law of Possession both in relation to
the origin of the Roman doctrine of Possession may  the Ager Publicus and Privates.
probably be traced to the Possessio of the Ager    The  preceding  view  of possession  is from
Publicus.  Possessio, Possessor, and Possidere are  Savigny, D)cs Recclt des Besifes, fifth ed. 1827.
the proper technical terms used by the Roman  There is an analysis of this excellent work by
writers to express the possession and the enjoy-  Warnkonig,'"Analyse du traite de la possession
Ment of the Public Lands.   These terms did not par M. de Savigny, Liege 1824  a" and a summary
express ownership (ex jure Quiritiam): they had  view of Savigny's Theory is given by Mackeldey,
in fact no more relation to ownership than the  LersbSucls, tc. ii. p. 7.  See also Puchta, Inst. ii.
Possessio of which this article treats.  Still the  ~ 224; Gaius, iv. 138-170; Inst. 4. tit. 15;
notion of this kind of use and enjoyment was  Dig. 41. tit. 2, 3; 43. tit. 16-23, 26, 31; Cod.
such, that one may easily conceive how the tenn  7. tit. 32; 8. tit. 4, 5, 6, 9; Cod. Theod. 4. tit.
P'ossessio  became applicable to various cases in  22, 23.                                [G. L.]
which there was no Quiritarian  ownership, but    POSSE'SSIO;~ BONORUM. [BONORITu  Possomething that had an analogy to it.  Thus in the  SESSIO.]
case of Damnuln     infectum, with reference to the,   POSSE'SSIO   C LANDESTI'NA.   [INTERsecond missio in possessionen (ex secuzedo decreto), DICTcrui.]
the Praetor says "possidere jubebo," which is    POSTI'CUM.  [JANUA.]
equivalent to giving bonitarian ownership with the    POSTLIMIINIUM, JUS POSTLIMI'NII.
power of usucapion.  A  ususfructus which could  " There are," says Pomponius (Dig. 49. tit. 15.
only be maintained by the Jus Praetoriune, was a, s. 14), " two kinds of Postliminium, for a man
Iossessio ususfructns  as opposed  to Dominium  may either return himself or recover something.'";
ususfructus.  The expressions Hereditatis or bo-  Postliminium  is further defined by Paulus (Dig.'
norum possessio do not mean the actual possession  49. tit. 15. s. 19) to be the "right of recovering a.
of the things, but the peculiar character, of the  lost thing from  an extraneus and of its being rePraetoria herelditas:  for this B-onorum possessio: stored to its former status, which right has been
ihas the same relation to the Hereditas that Boni-  established between us (the Romans) and free peo-:
tarian has to Quiritarian ownership. [DOMINIeI; pIe and kings by usage and laws (eeoribus  ac.
H aEs.]   Now  there is a clear analogy in all legibus); for what we have lost in war or even out.
these instances to  the Possessio  of the Ager  of w-ar, if we lecoder it, we   said to recover
Publicus, which consists in this, that in both, cases  postliminio-;  and this usage has been introduced
als actual exclusive  enjoyment of a particulariper-  by natural equity, in order that he  who was
son to a particular thing is recognized.  This will wrongfully detained by stringers, should recover.
also explain  how property in provincial ground  his former rights on returning into his own terricame to be called Possessio:  sech  property was  tories (in fzlzes suos)."   Again Paulus says,  "a
inot Quiritarian ownership, but it was a right to  man seenis to have returned Postliminio, when he
the exclusive enjoyment of the land, a right which  has entered our territory (isn fines nostros intrathe word Possessio sufficiently expressed.'Thus   erit); as a foundation is laid for a Postliminium
the name Possessio was transferred from the Right (sicuti adseittitusr:') (2) wlien he has gone beyond our,
to its Object; and Ager iand Possessio were thus  territories (ueifioes nostros excessit). But if a man.
opposed: Ager was a piece of land which was ahas come into a state in alliance (socia) or friendthe object of Quiritarian ownership, and Possessio  ship with Rome, or has come to a King in alliance
a piece of land which was either accidentally an  cr friendship with Rome, he appears to have forth..
object only of Bonitarian ownershilp as a fundus  with returned by Postliminiumi  because he then
Italicus of which there had been merely tradition; first begins to be safe under the name of the Roman.
or it was land that could not be the object of Quiri- state."  These extracts sire made for the purposetariaIn ownership, such as Provincial land (Javo-  of clearing up the Etymology of this word, as to:
lenus,  Dig. 50. tit. 16. s. 1 15), and the old Ager  whichl there was a differeace of opinion.  (Cic.
Publicus.                                          Top. 8.)  The explanation of Scaevola, as givenl
Other matters relating to Possessio appear to be  by Cicero, has reference to the etymology of the.
explained by this view of its historical origin. The  word, post and liuen  "what has been lest by us
Interdictum  reeuperandae possessionis relates only  and has come to an enemy and as it were has gone
to Iand, a circumstance which is consistent wVith  from its own limen, and then has afterwards (post)
the hypothesis of the origin of Possessio.   The  returned to the samne limen, seems to have returned
nature of the Precarium also is explained, when  by Postliminium."  According to this explanation,
we know that it expressed originally the relation  the limen was the boundary or limit within whichl
between the Patronus and the Cliens who occupied  the thing was under the authority of Rome andt
the Possessio of the Patronus as a tenant at will an object of Romninl law.  A recent writer (Goetand could be ejected by the Interdictum de pre-  tling, GescAiclste des RMinz. Staatsverfetssung, p. 117)
cario, if he did not quit on notice. Further, we  suggests that Postliminium must be viewed in a
may thus explain the apparent inconsistency in the  sense analogous to Pomeerium. There is a fanciful
case of a lessee of Ager Vectigis, who though lie  explanation of the matter by Plutarch (Quaest.
had only a jus in re, had yet juristical Possessio: Rose. 5) in his answer to the question, Why are
the Ager Vectigal!is was in -fact fiashioned according to the analogy of the old Ager Publicus,3 and it      * " Siruti amittitur," Flor., Geb. et Sp1mg.
303




9 0.          POSTLIMINIUM.                                      POSTLIMINPUM.
those who have been falsely reported to have died  Arms were not Res Postliminii, for it was a maxin
in a foreign land, not received into the house  that they could not be honourably lost.
through the door, in case of their return, but let    The recovery above referred to seems to mean the
down through an opening in the roof?              recovery by the Roman state or by the original
If a Roman citizen during war came into the,owner. If an individual recaptured from an enemy
power of all enemy, he sustained a diminu-tio  wlhat hadbelonged to a Roman citizen, it would be
eapitis maxima, and all his civil rights wore;in  consistent that we should suppose that the thing
abeyance.  Being captured by the enemy, he be- recaptured was made his own by the act of capcame a slave; but his rights over his children, if ture; but if it was a res postliminii, this might
lie had any, were not destroyed, but were said to  not be the  case.  If a thing, as a slave, was
be in abeyance (pendere) by virtue of -the Jus ransomed by a person not the owner, the owner
Postliminii: when he returned,  his children were  colild not hav-e it till -he had paid the ransom: but
again in his power: and if he died in captivity, it does not appear to be stated how the matter
they became sui juris.  Whether their condition  was settled, if a Roman citizen recaptured property
as sui juris dated fiom the time of the captivity.ar (of the class res postliminii) that had belonged
of the death, was a disputed matter (Gaius, i. 129); to another Roman citizen.  This apparent diffi.
but Ulpian, who wrote after Gaius, declares that culty may perhaps be solved thus: in time of war
in such case he must be considered to have died, no Roman citizen could individually be considered
when lie was made captive; and this is certainly  as acting on his own behs lf insder any circumthe true deduction fronm the premiises. In the Case  stances, and therefore  whatevcr he did was the act
o(f a filius or nepos be:ing made a captive, the pa- of the State.  It is a remark of Labheo (Dig. 49.
rental power was suspended (iso suspenso).  If the  tit. 15. s. 28), " Si quid bello captum  est, il;
son returned, he obtained:his civic riohts aend the  praeda est, non postliepinio redit.;" and Pomponius  -
father resumed his parental poer; whicllh is the  (Dig. 49. tit. 15. s. 20) states, that if the enernmy
case mentioned in the Digest (49. tit. 15. s. 14). is expelled from Ronman lands, the lands return to
As to a wife, the matter xwxas different: the hus- their former owners, being neither considered pubband did not recover his wife jure poseiliin!i, bilt  lie land nor praeda;  in making which remark lie
the marriage was renewed by consent.  Th'lis rule  evidently assumes theyeneral doctrine laid clown by
of law involves the doctrine, tllhat if a husband wvas Labeo. Paulus also, in his remark on Labeo's rule
captured by the enemy, his marriage, if anly tlie  i of law  r merely mentions an exception to the rule,
existed, was dissolved. If a Romlle weas ransoimed'which is of a peculiar kind. If then anything taken
by another person, he became fiee, but lie w as in  in war was booty (pracdci), to what did the Jus
the nature of a pledge to the ransomer, and.the  Postliminii apply? It applied at least to all that
Jus Postliminii had no effect till he lhad paid the  xwas restored by treaty or was included in the terms
ransom money.                                      of surrender, and slaves no doubt were a very ileiSometimes by an aot.of the state a m'nan -was portant part of all such things as were captured or
given up bound to. au enemy; and if the enemy  lost in time of war; and they were things that
would not receive hiln, it  was a questioll whethle   could be easily identified, anid restored to their
lhe had the Jus Postlimilii.  This was the        oas  oners.  It also applied to a slave who escaped
Awith Sp. Postuiniuti  who wevas given up to the  from the enemy and returned to his master.  The
Samnites, and with C. Hostilius Mancinius who  mllaxim    quae res hostiles apud nos sunt, occuwas given up to the Numantines; beut the better pantiunm fiuent" (Dig. 40. tit;. 1. s, 51) has no
opinion was that they had no Jus Postlilllillii (Cic. reference to capture froml the eneiul, as it some.
De 0r. i. 40, De QOfe  iii. 30, Topl., Pro  Cae- times seems to be supposed. (Miillenbruch, Doet.
cinn, c. 34; Dig. 49. tit. 15. s. 4; 50. tit. 7. s. 17): PastCd. p. 242.)
and Mancinus wnas restored to his cieic  rights Ly)- a    It may be obj.ected that thle explanation of one
Lex.  (Dig. 50. tit. 7.. s. 17.)                 difficulty, that bha  been already suggested, raises
Cicero (Pro Balb5o, c. 12) uses the wrord Postli- another.  According to this explanation, if a man
mininium  i a different sense; fqr lie applies it to  in time of war recaptured his oenn slave, it would
the case of a man who had, by  iis  ownl voluntariy  he praeda, and lie would not at once recover the
act, ceased to be a citizen of a stte, and subse- ownership, as above supposed.  The ansower is,
quently resumed his original civ\ic xrights by ePostli- that it may be so, and that this matter of Postlimuimim.                                            miniunm, particularly as regards things, waits for a
It appears that the Jus Postliniinii xvas founided  careful investigation.  As a general rule all moveon the fiction of the captive haveing nex-er been  ables belonging to an enemy, Mwhich were captured
absent from home; a fiction which was of easy -:pl biy a Bonmae  army were Praeda, apparently not
plication, for as the captive during his absencee  the property of the individual soldier who hap-.
could not do any legal act, the interval of captivity  pened to lay his hands oni theem  but the property
was a period of legal non-activity, which was ter- of the state or at least of the armyr.  Now the
minated by his showing himself again.              difficulty is to ascertain whether all inoveables so
The Romans ackno-wledged capture ill war ae   taken were Praeda, except Res Postliminii; or
the source of ownership in other nations, as they  whether all things so taken were Praeda, Res
claimed it in their own ease.  Accordingly things  Postliminii included.  In  the former case, the
taken by the enemylost their Roman owners; but Res Postliminii would be the property of the
when tlhey were recovered, they reverted to their owner when he coull prove them  to have been
original owners.  This was tlhe case with land that his, as in the case mentioned by Li'vy (v. 16): in
had been occupied by the enemy, and with the fol- the latter, when a thing had become Praeda, it
lowing moveables, which are enumerated by Cicero  had lost its capacity (if we may so speak) of being
as Res Postliminii (Top. 8),'"homo (that is slaves), a Res Postlimillii.  The distinction here nmade is a
navis, mulus clitellarins, equus, equa quae fraena  fundamental one.  The difficulty partly arises
recipere solet." (Compare Festus, s.v. Postliminie2zo.) I from  the expression of Labeo above quoted, Si




PRAECINCTIO                                            PRAEDA.                   951
quid &c.i where the Florentine reading has been    PRAECO'NES, criers, were employed for vafollowed.  But Bynkershoek (Op. Omn. i. p. 76) rious purposes: 1. In sales by auction, they freamends the reading into Si quod, &c., the propriety  quently advertised the time, place, and conditions
of which may be doubted. [PRAEDA.]                of sale: they seem also to have acted the part of
If a man made a will before he was taken cap- the modem  auctioneer, so far as calling out the
tire, and afterwards returned the will was good  biddings and amusing the company, though the
jure postliminii.  If he died in captivity, the will property was knocked down by the magister aucwas good by the Lex Cornelia.  The law  of tionis. (Heor. Ars Poet. 419; Cic. ad Ait. xii. 40,
Postliminium applied to. time of peace as well as de OJF. ii. 23.)  [AUcTIo.]  2. In all public as
war, when the circnmstances were such that the  semblies they ordered silence. (Liv. iii. 47; Plaut.
person or the thing could become. the property of Poen. prol. 1].)  3. In. the comitia they called
another nation (Dig. 49. tit. 15. s. 5), as for the centuries one. by one to give their votes, proinstance of a nation that had neither an amicitia, nounced the vote of each century, and called out
hospitium, nor a foedus with Rome; for, such  the names of those rwho were elected. (Cic. c.
might be the relation of a nation to Rome, and yet  Verr. v. 15, pr2 Mill.i 35.)  They also recited the
it might not be HI-ostis.  A nation was not Hostis, laws that epre to be passed. 4. In trials, they
in the later acceptation of that term, till the Reo- summoned the accuser and the accused, the plaintiff
mans had declared war against it, or the nation  and defendant. (Suet. Tib. 11.)  5. In the public
had declared war against Rome.  Robbers and  games, th(y invited thie people to attend, and proPirates were not hostes, and a person w.ho was  claimed the victors. (gici ad'anm. v. 12.)  6. In
captured by them  did not become a slave, and  solenin funerals they also, invited people to attend
therefore had no need of the Jus Postliminii. by a certain form:n; hencethiese funerals were called
There are some remarks on Postliminium in Walter, Funera Ipdictiva;  (Festus, s. v. Qisirites; Suet.
Geschichte des fR'm. Rechts, p. 50, and the notes, Ja-. 84.)  7. WXhele things were lost, they cried
Ist ed.                                [G;  L.]   them and searched for them. (Plaut. Merc. iii. 4.
POSTSIGNA'NL   [EXERCITUS, p. 502, b.].78T; Petron.; 57.)  8. In the infliction of capital
PO'STUMUS.  [HEREs, p. 601, a.]                 puinishment, they sometimes conveyed the comPOTESTAS.  [PATeIAA POTESTAS.]                  mands of the magistrates to the lictors. (Liv. xxvi.
PRA'CTORES  (7rpaCTOpES), subordinate offi- 15;)
cers (hvoyla v7rxper-ias,_ says Pollux, viii. 114) who    Their office, called praeconiumn, appears to have
collected the fines- and penalties (rrleaha&s and  been regarded as rather disreputable: in the time
T~rliubas-a) imposed by magistrates and courts of of Cicero a law was passed preventing all persons
justice, and payable to the.state.  The magistrate  who had been praecones from becoming decuriones
who imposed the fine,, or the /y7b&v 8&MKaetr7vpiov, in the mrxmicipia. (Cic, ad Faco. vi. 18.)  Under
gave notice thereof irn writing to the 7rp4cy.opes.;the early emperors, however, it became very proHe was then said E7r1ypdaepEr  Tb[. T'rjluea roe7s fitable (Juv. iii. 157, vii. 6; Martial, v. 56. 1],.7pd'KTrOpOiV, and the debtor's name 7rapaeoOyvaL vi. 8. 5'),. which was. no doubt partly owing to
Tos 7rpcczropotv.  If the fine, or any Tart thereof fees, to which they, were e.titled in the courts of
was to go to a temple, the like notice was sent to  justice and on other occasions, and' partly to the
the Trayila  of the god: or- goddess to whoim  the jbribes. which they received from the suitors, &c.
temple belonged. (Aesch. c. Timerveh. 5; Andoc.    PRAECO'NIUM.  [PRAECoNES.]
de Mlyst. 1], ed. Steph.; Demosth. c. T/ieocr. 1328.)    PRAEDA  signifies. moveable things taken by
The name of the debtor, xwith the sum which he  an enemy in:war.  Such things were either diswas condemned to pay, was. entered by the mrpatK - tributed by the Imperator among the soldiers (Liv.
~ropes in a tablet in the Acropolis.  Hence the  ii. 42, vi. 13; Sall. Jug. 68), or sold by the
debtor was said to be eyyeypa/.que vos Tp &'7,jUO,,  quaestors, andi the prpouce was brought into the
or Ev,rp &tcponrdAeL.  It was the business of the  Aerarium: —
prpdc'opes to demand payment of this sum, and, if                               captive dus,
they received it, to pay it ofver to the   r,           re  uos ei depraeda de Qaestoribus."
and also to erase the name  of the debtor in the re-                         (Plaut. Cpt. i. 2. 1.)
gister (ieakei\eme or &raheispev).  Such erasure
usually took place in the presence of some members    The difference between Praeda and Manubiae
of the senate.  An dE3eYSEs lay against any man  is explainled by Gellius (xiii. 24) to be this:who made or caused to be made a fraudulent entry  Praeda is the things themselves that are taken in
or erasure of a debt. (Harpoc. and Suidas, s. sv. war, and Maltbiae  is "pecunia per quaestorem
AypaQplov, a&roelcTare,  ev3e1yYpaXpu: Andoc. d   potpuli Romani ex praeda vendita contracta:" nor
lMAyst. 11, ed. Stepbh.; Demosth. c. Aristog. 778, can any objection to this explanation be derived
c. Theoc. 1338.)  The collectors took no steps to  from  the words of Cicero (de Leg. Agr. ii. 22).
enforce payment; but after the expiration of the  When prisoners were sold, they were said to be
ninth'rpvTavela from  the registering of the debt, sold " sub corona," the true explanation of which
(or in case of a penalty imposed on a,ypeap   expression is probably that given by Gellius (est
v{'peoos, after the expiration of eleven days), if it auteri alia, &c. vii. 4).  The mode of sale of other
still remained unpaid, it was doinbled, and an entry  things than slaves vas at first probably in detail,
made aceordingly.  (Aeseh. c. Tinmearch. 3, ed. but afterwards in the lump, that is, the whole
Steph.; Demnosth. c. Pant. 973, c. Theocr. 1322, praeda might be sold to the highest bidder, or it
c. Neaer. 1347.)  Thereupon immediate measures  might be sold in large masses which contained a
might be taken for seizure and confiscation of the  great number of separate things, in which cases
debtor's goods; but here the irpITopes had no  the whole or the mass would pass to the purchaser
further duty to perform, except perhaps to give in- as a universitas, and he might retail it if he chose.
formation of the default to the senate.  [C. R. K.]  This mode of sale in the lump was called "%sectionem
PRAECI'NCTT. O  [AMPHITiHFATRUM, P. 87.]  venilre," and the purchaser was called sector.  It




592   PRAEFECTUS ANNONAE.                                  PRAEFECTUJS PRARATORIO.
was thle practice to set up a spear at such sales,  magistrates. (Dion Cass. lii. 24; Dig. 1. tit. 2.
which was afterwards used at all sales of things  s. 2. ~ 33; 14. tit. 1. s. 1. ~ 18. tit. 5. s. 8; 48.
by a magistratus  in the name of the people.  tit. 2. s. 13.)  The Praefectus Annonae continued
[SrCTIO.]                                         to exist till the latest times of the empire: respectCorresponding to the acquisition of moveable  ing his duties in later times see Walter, Gescl.
things in warfare, and their being made private pro-  des WRins. Rects, ~ 360, 2d ed. Comp. FRUEM Nperty, is the transfer of Ager publicus, which was  TARIAE LEGIrS.
acquired in war, to individuals by a Lex Agraria      PRAEFECTUS  AQUA'RUM.    [AQUAse
or de coloniis deducendis or by a sale by the quaes-  DUCTUS, p. ] 15, b.]
tors (ager quaestorins). [PosTLIsMINIUAr.] [G. L.]    PRAEFECTUS CASTRO'RUM, praefect of
PRAEDIA'TOR.  [PRAiRs.]                         the camp, is first mentioned in the  reign of
PRAEDIATO'RIUM  JUS.  [PRAES.]                   Augustus.  There was one to each legion.  (Vell.
PRAE'DIUM.  This word originally signified  Pat. ii. 119; Tac. As2i. i. 20, xiv. 37.)  We learn
according to Varro (L. L. v. 40, ed. Miller) any  from Vegetius (ii. 10) that it was his duty to atproperty which was made a security to the State  tend to all matters connected with the malking of
bly a Praes: "Praedia dicta, item  ut praedes, a  a camp, such as the vallum, fossa, &c., and also to
praestando, quod ea pignori data publice mancupis  the internal economy of it.
fidem  praestent."  Subsequently the word was    PRAEFECTJ:US CLASSIS, the commander of
limited to signlify land generally.  In this sense  a fleet.  This title was frequently given in the
Praedia were.divided into Rustica and Urbana,  times of the republic to the commander of a fleet
of which the following definition las been given:  (Liv. xxvi. 48, xxxvi. 42); but Augustus apRustica are those on which there are no aedes or  pointed two permanent officers with this title, ole
Vwhich are in the,country (iz aCSgie); and Urbana  of whom  was stationed at Ravenna on the IIaare tlhose which are in the city and comprise build-  driatic and the otmler at Misehuim oen the Tuscanl
ings.  Those incorporeal things which consisted  sea, each having  the command of a fleet. (Suet.
not in the ovwnership of Praedia, but in certain  Aueg. 49; Veget. iv. 32; Tac. I-ist. iii. 12.)
rigahts with respect to them, were called Jura    PRAEFECTUS  FABRUM.  [FABRI.]
Praediorum.  As. to a difference in the mode of    PRAEFECTUS  JURI DICUNDO.   [Co.
transferring such Jura in the case of Praedia Rus-  LONIA, p. 318, b.]
tica eand Urbana see Gaius (il. 29).  A Praedium      PRAEFECT.US PRAETO'RIO, was tlhe co1nwhich was liable to a servitus was said'servire,"   mander of the troops who guarded the emperor's
and was." a praedium serviens.'                   person.  [Pa.TORvIANe.]  This office was instiProvincialia Praedia were either stipendiaria or  tuted by Augntstus., and was at first only military,
tributaria:, the former were in.those provinces  and had comparativel.y small power attached to it
which were considered to belong to the Popnlus  (Dion Cass. lii. 24, lv. 10; Suet. Aug. 49); but
Romanus.; and the latter in those provinlces which  under Tiberius, who made Sejanus commander of
were considered to belong to the Cp esar.  (Gaius, the praetorian troops, it became of much greater
ii. 21.),[G. L.]    importance, till at length the power of these praePRAEFECTU'RA.   [COLOMix,:pp. 318, b, fects became second only to that of the emperors;
319, a.]                                           (Tac. Azni. iv. 19 2; Aurel. Vict. se Ca(ees. 9.) The
PRAEFECTUS AERA'RII.![AERARIUMr.]  relation of the praefectus praetorio to the emperor
PRAEFECTUS ANNO'NAE, the praefect of is compared to that of the magister equitunm to the
the provisions, especially of the corn-market, was  dictator under the re.public. (Dig. I. tit. 11.) Freon
not a regular magistrate under the republic, but the reign of Severus to that of Diocletian, the
was  only  appointed in cases of extraordinary  praefects, like the vizirs of the East, had the superscarcity, when he lad the entire charge of supply- intendence of all departments of the state, the
ing the capital with provisions, especially with  palace, the armny, the finances, and the law: they
corn, and fixed the price, at which the latter was  also had a court in which they decided cases. (Dig.
to be sold.  This magistrate was appointed for the  12. tit. 1. s. 4(0.)  The office of praefect of the
first time in a. c, 439,  (Liv. iv. 12; Niebuhr, praetorium was not confined to military officers; it
fist. of R6lne, ii. p. 418.)  The superintendence  -was filled by Ulpian and Papinian, and other disof the corn-market throughout the whole republic  ti~nguished jurists.
was at'a later period entrusted to Pompey for it    Originally there were two praefects; afterwards
period of five Years (Dion Cass. xxsix. 9; Cic. ad  sometimnes one and sometimles two; fiom the time
itt. ix. 1; Liv. Epit. 104); and in accordance  of Comnmodus sometimes three (Lamprid. Conizzodl,
with this example Augustus took the same super-  6), and even four.  They were as a regular rule
intendence uponh imself, and commanded that two  chosen only from the equites (Dion Cass. lii. 24;
persons, who had been praetors five years before,  Suet. Tit. 6; Lamprid. Cossezsed. 4); but from the
should be appointed every year for the distribution  time of Alexander Severus the dignity of senator
of the corn. (Dion Cass. liv. 1; curamz s fzuzenti was always joined with their office. (Lamprid,
ypopulo dividuz ci, Suet. Azlq. 37.)  Subsequently  Alex. Sev. 21.)
Augustus assigned this duty to two persons of    Under Constantine the praefects were deprived
consular rank (Dion Cass. lv. 26, 31); but he  of all. military command, and changed into goalso created an officer under the title of P1racefjccts  vernors of provinces.  I-le appointed four such
Annonae, wvho must be distinguisshed from  the  praefects: the one, who commlnoilry attended on the
above-mentioned officers.  This office wvas a per-  imperial. court, had the coslnmand of Thrace, the
nlanent one, and appears to have been only held  whole of the East, and Egypt; the second had the
by one person at a time: lie had jurisdictionl over  command of Illyricum, 1lMacedonia, and Greece,
all matters appertaining to the corn-malrket, and, and usually resided first at Sirmiumn, afterwards at
like the Praefectus Vigilumc, was chosen from the  Thessalonica; the third of Italy atd Africa; the
Equites, and was not reckoned among the ordinary  fourth, who resided at Triv-es, of Gaul, SpJin, and




PRAEFECTUS URBI.                                    PRAEFECTUTS URBI.                  9.53,Brtain. (Zosimns, ii. 33.)  These praefects Were  from the fa.cts, that it was al ways given to o)ng
the proper representatives of the emperor, and  men of illustrious families (Tacit.-Anznal. iv. 36),
their power extended over all departments of the  and that Julins Caesar even appointed to it several
state: the army alone was not subject to their youths of equestrian rank under age.  (Dion Cass.
jlrisdiction.  (Walter, Gesch. des RMmos. Rechlts, xlix. 42, xliii. 29, 48.)   During the empire such
~~ 269, 341; Gibbon, Declilne and Fall, c. 17.) -  praefects of the city continued to be appointed so
PRAEFECTUS   SOCIO'RUM.   [ExERaI-  long as the Feriae Latinae were celebrated; and
TUvs, p. 497, b.]                                   were even invested with some kind of jurisdiction.
PRAEFECTUS VI'GILU.M.  [ExERCITTJS,  (Tacit. Alzail. vi. 11;. Suet. Nero, 7, Clald. 4
p. 510, a.]                                         Dion Cass. liv. 17; J. Capitol. Anton2is. Phil. 4.)
PRAEFECTUS URBI, praefect or warden of On some occasions, however, no praefectus urbi
the city, was originally called Custos U:rbis.  (Ly-  was appointed at all; and then his duties were
dls, De  1ccagistr. i. 34, 38.) Thle name P'aeJcetus  performed by the praetor. urbanus.  (Dion Cass.
Zrhbi does not seem  to have been used till after xli. 14, xlix. 16; comp. Becker, Handb. der 1i;m.
the time of the.Decemvirs.  The dignity of Cus-  Allerth. vol. ii. pt. ii. p. 146.)
tos Urbis, being combined with that of Princeps    An office very different from  this, though bearSenatus, was conferred by the king, as he had to  ing the same name, was instituted by Aiognstus on
appoint one..of the decem  primi as princeps sena- the suggestion of Maecenas.  (Dion Cass. lii. 21
tus.  (Liv. i. 59, 60; Dionys. ii. 12.)  The func- Tacit. 1. c.;  Suet. Aug. 37.)  This new praefectus
tions of the custos urbis, however, were not ex- urbi was a regular and permanent magistrate,
ercised except in the absence of the king from   whom  Augustus invested  with  all the powers
Romei; and then lie acted as the representative of necessary to maintain peace and order in the city.
the king; but whether he also had the right to  He had the superintendence of butchers, bankers,
convoke the, assembly of the populus, is doubtful, guardians, theatres, &c.; and to enable him  to
but on any emergency he might take such mea-  exercise his power, he had distributed throughout
sures as he thought proper; for he had the ill- the city a numnber of mlilites stationarii, whom we
periam1  in the city.  (Tacit. Annal. vi. 11; Liv. may compare to a modern police.  I-Ie also had
i. 59, iii. 24.):Romulus is said. to have con- jurisdiction  in  cases between  slaves and their
ferred this. dignity upon Denter Romulius, Tullus  masters, between patrons and their freed men, and
Hlostilius. upon Numa Martius, and  Tarquininss  over sons who  had violated the  pietas towards
Suiperbus.upon Sp. Lucretius.  During the kingly  their parents.   (Diig. 1. tit. 12. s. 1. ~ 5-14 
period the office of warden of the city was pro-  37. tit. 15. s. 1. ~ 2.)  His jurisdiction, however,
biably for life. Under the republic the office and its  became gradually extended; and as the powvels of
namne of custos urbis remained unaltered; but in  the ancient republican praefectus urbi had been
487 B. c. it was elevated into a magistracy, to be  swallowed up by the office of the praetor urbanus, so
bestowed by.elec.tion. (Lydus, De Jleagislf. i. 38.)  now the power of the praetor urbanus was graduThe custos urbis was, in all probability, elected by  ally absorbed by that of the praefectus urbi; and
the curiae, instead of whom Dionysius (viii. 64)  at last there was no appeal from  hlis sentence, exmentions the senate.  Persons of consular rank. cept to the person of the princeps himself, while
were alone eligible; and down to the time of the  aniybody might appeal from  a sentence of any
Decenmvirate every praefect that is mentioned occurs  other city magistrate, and, at a later period, even
previously as consul.  The only exception is P. from that of a governor of a province, to the triLucretius in Livy (iii. 24), whose name, however, bthnal of the praefectus urbi.  (Vopisc. Flosrian. 5,
is probably  wrong.  (Niebuhr, ii. p. 120, note  6; Suet. Auzg. 33; Dion Cass. lii. 21, 33; Dig.
255.)  In  the early period of the republic the  4. tit. 4. s. 38.)  His jurisdiction in criminal matwarden exercised within the city all the powers of ters was at first connected with the quaestiones
the consuls, if they were absent: he convoked the  (Tacit. Anaul. xiv. 41, with tOe note of Lipsius) 
senate (Liv. iii. 9; Gell. xiv; 7. ~ 4), held the  but from  the third century he exercised it alone,
comitia (Liv. iii. 24), and, in times of war, even  and not only in the city of Rome, but at a distance
levied civic legions, which were commanded by him. of one hundred miles firom it, and he might senWhen the office of praetor urbanus was insti- tence a person to deportatio in insulam.  (Dig. 1.
tuted, the wardenship of the city was swallowed  tit. 12. s. 1. ~ 3 and 4.)  During the first period
sup inl it (Lydus, De Illens. 19, DeMagistl. ii. 6); of the empire uand unlder good emperors, the office
but as the Romans were at all times averse to  was generally held for a number of years, and in
dropping altogether anyof thleir.old institutions, a  many  cases for life  (Dion  Cass. bii. 21, 24,
praefectus urbi, though a mere shadow of the former lxxviii. 14; J. Capitol. As2tosi2z. Iiuts, 8; Lainoffice, was henceforth appointed every year, only  prid. Co(bmsod. 14; Vopisc. Cariz. 16); but fromn
for the time that thee consuls were absent from  the time of Valerian a new praefect of the city cJRome for the purpose of celebrating the Feriae  curs almost every year.
Latinae. This praefectus had neither the power    At the time wheni Constantinlople was made the
nf convokiing the senate nor the right of speaking  second capital of the empire, this city also received
in it; as in most cases he was a person below the  its praefectus urbi.  The praefects at this tilne
senatorial age, and was not appointed  by the  were the direct representatives of the emperors,
people, but by the consuls.  (Gell. xiv. 8.) When  and all the other officers of the administration of
Varro, in the passage of Gellius here referred to, the city, all corporations, and all public instituclaims for the praefectus urbi the right of con- tions, were under their control.  (Cod. 1. tit. 28.
-voking the senate, he is probably speaking of the  s. 4; Symmach. Epzist. x. 37, 43; Cassiod. Va-i
powver of the praefect such as it was previously to,icale. vi. 4.) - They also exercised a superintenthe institution of the  office of praetor urbanus. dence over the importation and the prices of proOf how little importance the office of praefect of Yvisions, though these subjects were under the more
the  city had gradually become, may be inferred  inmmediate regulation of other officers.  (Cod. 1.




954           PRAEJIUDICIUM.I                                           PRAES.
tit. 28. s. 1; Orelli, Inscript. n. 3116.) Th'e prae- - Sometimes Praejudicium  means inconvenience,
fects of the city had every month to make a report damage, injury, which sense appears to arise from
to the emperor of the transactions of the senate  the notion of a thing being prejudged, or decided
(Symmach..Epist. x. 44), where they gave their  without being fairly heard; and this sense of the
vote before the consulares. They were the medium  word seems to be very nearly the same in which
through which the emperors received the petitions  it occurs in our law in the phrase " without preand presents from their capital. (Symmach. Epist. judice to other matters in the cause."
x. 26. 29, 35; Cod. 12. tit. 49.)  At the election    (Gaius, iii. 123, iv. 44; Dig. 25. tit. 3; Dig. 22.
of a pope the praefect of Rome had the care of all tit. 3. s. 8; Dig. 43. tit. 30. D)e liberis exhibendis:
the external regulations.  (Symmach. Epist. x. Inst. 4. tit. 6. s. 13; and Theophilus, Paraphr. ad
7I-83.)                                 [L, S,1    Inst. 4. tit. 6. s. 13.)                [G. L.]
PRAE'FICAE.  [FUNUS, p. 558, b.]                   PRAELU'SIO.  [GLADIAToREs, p. 575, a.]
PRAEFU/RNIUM.   [BALNEAE, p. 19a, 1h;    PRAENO'IMEN.  [NoMEN.]
FORNAX.]                                              PRAEPETES.  [Au(,aR, p. 175, b.]
PRAEJUDI'CIUM.  This word, as appears    PRAEPO'SITUS, which  means  a  person
from its etymology, has a certain relation to Judi-  placed over, was given as a title in the later times
cium, to which it is opposed by Cicero (Divinzat. 4):: of the Roman empire to many officers: of these
" de quo non praejudicium, sed plane jam judicilumi  the most important was the Praeposiths Sacri Czfactum."  The commentator, who goes under the  lVicIi, or chief chamberlain in the emperor's palace.
name of Asconius, observes on this passage, that a  (Cod. 12. tit. 5; Cod. Theod. 6. tit. 8I.)  Under
praejudicium is something, which when established  him was. the Primicerius, together with the Cubibecomes an exemplhm for the judices (judicatzuei)  cularii and the corps of Silentiarii, commanded by
to follow; but this leaves us in doubt whether three decuriones, who preserved silence in the inhe means something established in the same cause, teriar of the palace.  (Cod. 12. tit. 16; Waltel;
by way of preliminary inquiry, or somethilg estab-  Gesclt. des Rims. Reclts, ~ 340, 2d ed.)
lislhed in a different, but a like cause, which would    PRAEROGATI'VA.   [CoMITIA, pp. 338, b,
be what we call a precedent.  Quintilian (Inst. 339, b.]
Or'at. v. 1. 2) states that it is used both in the sense    PRAES.  If we might trust a definition by
of a precedent, in which case it is rather exemzplumni  Ausonius (Idyll. xii. 9), he was called Vas who
than praejudiciins (res ex paribus causisjudicatae); gave security for another in a Causa Capitalis; and
and also in the sense of a preliminary inquiry and  lie who gave security for another in a civil action
determination about something which belongs to  was Praes.  But this authority cannot be trusted,
the matter in dispute (judiciis ad ipsamf ecausam  and the usage of thle words Vas and Praes was
1oertinenetibus), from whence also comes the name  certainly not always conformable to this definition.
Praejudicium.  This latter sense is in conformity  According to Varro (Lizsq. Lat. vi. 74, ed. MUiller),
with the meaning of Praejudiciales Actiones or any person was Vas, who promised Vadimonium for
Praejudicia in which there is an Intentio only and  another, that is, gave security for another in any
nothing else.  (Gaius, iv. 44.)  These accordingly  legal proceeding.  Festus (s. v. Tvadeie) says that
were called Praejudiciales Actiones which had for Vas is a Sponsor in a res capitalis.  If Vas is genus,
their object the determination of some matter, of which Vas in its special souse, and Praes are:which was not accompanied by a condemnatio. species, these definitions will be consistent. (Comp.
" A  praejudicium is an actio, which has not any  Sallust. Jrgj. 35, 61; Horat. Sat. i. 1. 11, and
condemnatio as a consequence, but only a judicial  Heindorf's note.)   Under laiJza2ceps Festus re.
declaration as to the existence of a legal relation. imarks, that Manceps signifies him  who buys or
The name of this kind of actions comes from  the  hires any public property (quli a populo ezit con.
circumstance that they serve as preliminary to- dzcitve), and that he is also called Praes because
other and future actions.  All these Actiones are  lie is bound to make good his contract (pqraestare
in reiin, that is, they avail not exclusively against a  quod )proinisit), as well as he who is his Praes.:determinate person who owes a duty, like actions  (See also Varro, 1 c.)  According to this, Praes is
which are founded on Obligationes." (Savigny, a surety for one who buys of the state, and so called
ilsteiiz, &c. vol. i. p. 356.)  For instance, the ques-  because of his liability  (praestare).  But thle
tion might be, Whether a man is a father or not, or etymology at least is doubtful, and we are inclined
WVhether he has a Potestas over his child: these  to think, false.  The passage of Festus explains a
were the subject of Praejudiciales Actiones.  If a  passage in the Life of Atticus (C. Nep. 6), in which
father denied that the child who was born of his it is said that lie never bought anything at public
wife, or with which she was then prenanlt, was  auction (ad lhastaml p2rblicam) and never was either
his child, this was the subject of a " Praejudiciumn  Manceps or Praes.  A case is mentioned by Gelcum  patre de partu agnoscendo."  If a Judex  lius (vii. 19) in -which a person was committed to
should have declared that the child must be main- prison who could not obtain Praedes.  The goods
tailled by the reputed father, there must still be  of a Praes were called Praedia (Pseudo-Ascon. in
the Praejudicium to ascertain whether the reputed  Vela. ii. 1. 54), and in Cicero (1. c.) and Livy (xxii.
father is the true father.  If it was doubtful  60) " pledibus et praediis" come together.  The
whether the mother was his wife, there must be  phrase "praedibus cavere," to give security, occurs
a praejudicium on this matter before the praeju-  in the Digest (10. tit. 3. s. 6), where some editions
dicium de partu agnoscendo.  These praejudical have "Ipro aedibus cavere."  (See the various readactions then, were, as it appears, actions respecting  ings ed. Gebauer and Spangenberg.)  The phrase
Status; and they were either Civiles or Praetoriae. " praedes vendere " means to sell, not the praedes
It was a Civilis Actio when the question was as  properly so called, but the thiings which are given
to libertas; the rest seem to have been Praetoriae  as a security.
Actiones. Quintilian makes a third class of Praeju-    Praediatores are supposed by Brissonius to be the
diciae "cun de cadem causa prontintiatum est," &c. same ais Praedes (Cic. pro Balb. c. 20, ad Att. xii,




PRAESCRIPTIO.                                      PRAESCRIPTIO.                  95o
] 1, 17; Sueton. Claud. c. 9; Val. lMax. viii. 12), term Perpetuae, originally applied to actions that
at least so far as they were sureties to the State. were not subject to praescriptio, was used to signify
But praediator is defined by Gaius (ii. 61) to be  an actio in which 30 years were necessary to give
one,6 who buys from  the people," and from  the  a Praescriptio, as opposed to actiones in which the
context it is clear that it is one who buys a Prae- right to a Praescriptio accrued in a shorter time.
dium, which is further defined to be a thing pledged  (Inst. 4. tit. 12.)
to the populus," res obligata populo.'"  The Prae-    The conditions necessary to establish a Praediator then is he who buys a Praedium, that is, a  scriptio were, 1. Actio Nata, for there must be a
thing given to the populus as a security by a  right of action in order that a praescriptio may
Praes; and the whole law relatinhg to such matters  have an origin, and the date of its origin must be
was called Jus Praediatoriam.          [dW. L.]    fixed by the date of the right of action.  2. There
PRAESCRI'P'TIO, or nather TEIMPORIS  must be a continuous neglect on the part of the
PRAESCRIPTIO, signlifes the Exiceptio or an- person entitled to bring the action, in order that
swer which a defen.dant has to the demand of a  the time of the Praescriptio may be reckoned
plaintiff, founded on the circumstance of the lapse ouninterrtptedly.  3. Bona fides was not a necesof time.'rThe word has properly no reference to  sary ingredient in a Praescriptio, as such, because
the plaintiff's loss of right, but to the defendant's  it was the neglect of the plaintiff which laid the
acquisition of a right by which lihe excludes the  foundation of the Praescriptio.  Butthe longi termplaintiff from prosecurting his suit.  This right of poris praescriptio was made like to Usucapion as
a defendalnt did not exist in the old Roman  law. to its conditions, of which bona fides was one.
When the Practors gave new  actions by their Justinian (Cod. 7. tit. 39. s. 8) required a bona
Edict, they attached to them  the condition that fides in the case of a thirty year Praescriptio, but
those actions must be brought within a year (intra  this was no nlew rule except so far as the PosannzLne jdicium dabo), that is, year fiom the time  sessor claimed the benefit of Usucapio; and as the
vwhen the right of action accrued.  These actions longi temporis praescriptio, as an independent rule
then. were exceptions from  the old rule, that all of law, disappeared fromthe legislation of Justinian,
actiones were perpetuae.  This rule became ex- the bona fides as a condition of praescriptio went
tended by the Longi tenmporis prmescriptio, which  with it.  4. The lapse of time, which was 30 years;.
established that in actions aboiut ownership, or but to this there were mlany exceptions.
jtra in re, ten, or in some cases twenty years,   T'he sources on the subject of' Praescriptio are
would give a praescriptio, when the Possessor referred  to  in Brinkmann's Institutiones Jmlris
could show that lie had complied with the main  Romaeni, and ]Mtihlenbruch's Doctriea i'andectcaconditions of Usucapion, without having acquired  rMe, ~ 261, and ~ 481, oil the distinction beillg
ownership by Usucapion, for if lie Ihad, lihe had  ultilnately abolished  between  Praescriptio  and
no need of any Exceptio.  This rule was finther  Usucapio; Savigniy,  Ss/tsen  des lhe2tigen IMOm.
extended by Constantine, and a period of 30 or NRec/ts, vol. v., from  whonl this outline is taken.
40 years, for it seems that the time was not Sec also UsucCePIo.
quite settled, was to be considered as sufficient    Praescriptio had a special sense in Roman pleadfor a praescriptio, thoughl the defendant had not ings, which Gains has explained as existing in his
complied with the conditions of Usucapion.  A  time (iv. 130).  These Praescriptiones were pro
general constitutioni  was mande by Th'lieodosius, actore, and not pro reo; and an example will exA. D. 424, which with some variations appears in  plain the term.  It often happens thatan obligatio
both the Codes (Cod. Theod. 4. tit. 14; Cod. 7. is such that a man is bound to another to do certit. 39. s. 3); and it enacted that, as in the case  tain acts at certain times, as for instance, yearly,
of the actiones already mentioned, there should be lhalf yearly, or monthly.  The payment of interest
no hereditatis petitio after 30 years, and that after on money would be an example.  At the close of
the same time no personal action should he brought. any of these certain periods, the party to whom
The actio finium  regundorum  was excepted, and  the obligatio was due, might sue for what was
also the action of a creditor for his pignus or hypo- due, but not for what was not due, though an obtheca against the debtor, but not against otlers. ligatio was contracted as to future time.  When
Praejudiciales actiones as to Status are not enume- a debt had become due in consequence of an
rated among those against which there was a  obligatio, there was said to be a Praestatio, or it
Praescriptio, but they seem to be included in the  was said,' aliquid jam praestari oportet:" when
general words of the law.  Justinian, by a con- the obligatio existed, but the Praestatio was not
stitution of the year 530 (Cod. 7. tit. 40. s. 1), due, it was "filtura praestatio," or it was said,
established the general rule of 30 years for all " praestatio adhle nullla est."  If then the plaintiff
actions, with the exception of the actio hbypothecaria, wished to limit his demand to what was due, it
for which lie required 40 years.  IHis constitution  was necessary to use the following Praescriptio:
enumerates the following actions to which the  " Ea res agaitur cujus rei dies ftit." (Compare Cic.
praescriptio of 30 years would apply: Faliliae  de Or. i. 37.)  The name of Praescriptiones, obherciscundae, Communidividundo, Fininmregundo- serves Gains, is manifestly derived from the cirrum, Pro Socio, Furti et Vi Bonorum Raptorum; curestance of their being prefixed (praescribuntur)
and it adds, " neque alterius cujuscunque perso- to the formulae, that is, they came before the Innalis actio vitam  longiorem esse triginta annis, &c., tentio.  In the time of Gasius the Praescriptiones,sed ex quo ab initio comnpetit, et semel nata est, were only used by the actor; but formerly they
&c., post mnemoratum tempus finiri."  It thus ap- were used also in favour of a defendant (reus),
pears that all actions were originally perpetunae, as in the following instance: " Ea res agatur quod
that is, the right of action continued without any  praejudicium  hereditati ncn fiat," which in the
interruption from  the lapse of time; then some time of Gaius was turned into a kind of exceptio
were made subject to Praescriptio, and finally all or answer, when the petitcr hereditatis, by using
were made so.  In consequence of this change the  a different kind of actio, was prejudging the ques



9.6...PRAETOR.                                              PRAETOR.
tion of the hereditas (C2um2 petitor, &c.... praeizt- the armies-, he exercised their functions withili the
diciurn  hereditati facist).  Compare Gaius  Dig. city.  Ile was a Magistratus Curulis and he had
10. tit. 2. s. 1; and see PRAEJUDICIUMI).         the Imperinmn, and consequently was one of the
-Savigny shows that in the legislation of Jus-  Magistratus Majores: but he owed respect and
tinian, Praescriptio and Exceptio are identical and  obedience to the consuls. (Polyb. xxxiii. 1.)  His
that either term  can be used indifferently.  He  insignia of office were six lictors, whence he- is
observes that the Praescriptiones which in the old  called by Polybius'jye/dbV' or Tr'par-lybs'a7rEAeform of procedure were introduced into the formula  ecus, and sometimes simply  sa7re'XEAsvs.  Plutarch
for the benefit of the defendant, were properly Ex-  (S&dll, 5) uses the expression o'rpaemyia 7r0XLlK7,T.
ceptiones, and it was merely an accident that cer-  At a later period the Praetor had only two lictors
tainl Exceptiones were placed before the intentio  in Rome.  (Censorinus, c. 24.)  The praetorship
instead of being placed at the end of the formula, was at first given to a consul of the preceding year
as was the usual practice.  Subsequently,  as ap-  as appears from  Livy.  L. Papirius was praetor
pears from  Gaius, only the Praescriptiones pro  after being consul. (Liv. x. 47.)
actore were prefixed to the formula; and those    In the year n. c. 246 another Praetor was appro reo were placed at the end, and they retained,  pointed, whose business was to administer justice
though improperly, the name of Praescriptiones.  in matters in dispute between peregrini, or pereThus Exceptio and Praescriptio camne to be used as  grini and Roman citizens; and accordingly he was
equivalent terms, a circumstance to which the disuse  called Praetor Peregrinus.  (Dig. i. tit. 2. s. 28.)
of the Ordo judiciorum contributed.  Yet in the  The other Praetor was then called Praetor Urbanus
case of particular exceptiones, one or other of the  " (qui jus inter cives dicit," and sometimes simply
names was most in use, and the indiscriminate  Praetor Urbanus and Praetor Urbis.  The two
employment of them  was an exception to the   Praetors determined by lot which functions they
general rule.  The prevalence of one or the other  should respectively exercise.  If either of them
name in particular cases is easily explained: thus,  was at the head of the army, the other performed
the Doli and Rei Judicatae Exceptiones were al-  all the duties of both within the city.  Somefways at the end of the Formula, and the Temporis  times the military imperium of a Praetor was pro,
and  Fori Praescriptiones in earlier times were  longed for a second year.  When the territories of
placed at the beginning.  Savigny adds that in  the state were extended beyond the limits of
modern times Praescriptio has acquired the sense  Italy, new praetors were made.  Thus two praeof Usucapion, but this is never the sense of the  tors were created B. c. 227, for the administration
word Praescriptio in the Roman law.  Though  of Sicily and Sardinia, and two more were added
Exceptio and Praescriptio came to be used as  when the two Spanish provinces were formed B. c.
equivalent, yet neither Exceptio nor Praescriptio  197.  When there were six praetors, two stayed
is used in the sense of Temporis praescriptio with-  in the city, and the other four went abroad.
out the addition of the words Temporis, Temporalis,  (Liv. xlv. 44).   The Senate determined their
triginta annorum, &c.  (Savigny,   Systems, &c. iv. provinces, which were distributed among them by
309, v. 163.)                          [G. L.]    lot.  (Liv. xxxii. 27, 28.)  After the discharge of
PRAESES.  [PROVINCIA.]                           his judicial functions in the city, a Praetor often
PRAESUL.  [SALIo.]                               had the administration of a province with the title
PRAETE'RITI SENATO'RES. [SENATUS.]  of Propraetor, and sometimes with the title of ProPRAETEXTA.  [ToGA.]                              consul.  Sulla increased the number of Praetors
PRAETOR. According to Cicero (de Leg. iii. 3)  to eight, which Julius Caesar raised successively to
Proaetor was a title which designated the consuls  ten, twelve, fourteen, and sixteen. (Dion Cassius,
as the leaders of the armies of the state; and he  xlii. 51, xliii. 51, and the notes of ReiInarus.)
considers the word to contain the same elemental Augustus after several changes fixed the number
pIarts as the verb praeire.  The period and office of at twelve.  Under Tiberius there were sixteen.
the command of the consuls might appropriately be  Two praetors were appointed by Claudius for muat
called Praetorium.  (Liv. viii. 11.)  Praetor was ters relating to Fideicommissa, when the business
also a title of office among the Latins: and it is  in this department of the law  had become conthe name which Livy gives to the strategus of the  siderable, but Titus reduced the number to one;
Achaeans.                                          and Nerva  added a Praetor for the decision of
The first praetor specially so called was ap- matters between  the  Fiscus  and  individuals.
pointed in the year B. C. 366, and he was chosen  "Thus," says Pomponlius, speaking of his own
only from the Patricians, who had this new office  time, " eighteen praetors adclinister justice -(jus
created as a kind of indemnification to themselves dicZunt) in the State."  (Dig. 1. tit. 2. s. 34.)  M.
for being compelled to share the consulship with  Aurelius, according to Capitolinus (Al. Ant. c. 10),
the Plebeians. (Liv. vi. 42, vii. 1.)  No Plebeian  appointed a Praetor for matters relating to tutela,
praetor was appointed till the year B. c. 337. The  which must have taken place after Pomponius
Praetor was called collega consulibus, and was  wrote.  [PANDECTAE.]  The main duties of the
elected with the same auspices at the Comitia -Praetors were judicial, and it appears that it was
Celturiata.  The consuls were elected first, and  found necessary from time to time to increase their
then the praetors. (Liv. xlv. 44.)                 number, and to assign to them special departments
The Praetorship was originally a kind of third  of the adlministration of justice.
consulship, and the chief functions of the praetor    Sometimes, extraordinarv duties were imposed
(jues ine urbe dicere, Liv. vi. 42; jzra sleddere, Liv. on them, as in the case of the Psaetor Peregrinus
vii. 1) were a portion of the functions of the con-  (B. C. 144) who was commissioned by a Senatussels, who according to the passage of Cicero above  consultum to look after the repair  of'certain uaquereferred to, were also called judices a judicando. ducts and to prevent the improper use of the water.
qThe praetor sometimes commanded the armies of (Frontilums, De A quaedlct, lib. 1.)
the state; and while the consuls were absent with    The Praetor  Urbanus was  specially  named




PRAETORIANI.                                       PItAETORIANI.                  957Prnctor, and he was the first in ratnk.  H-is duties  Cohortes, a body of troops instituted by Augusti.J
confined himl to Romle, as is implied by the name, to protect his person and his power, and called.
and he could only leave the city for tenl days at a  by that name in imlitation of the'raetorics (Goti-me.  It was part of his duty to superintend the  tzors, or select troop, which attended the person of
Ludi Apollinares.  He was also the chief magis- the praetor or general of the Roman army. (Saltrate for the administration of justice, and to the  lust, Cat. 60; Cic. Cat. ii. 11; Caes. Bell. Gall.
Edicta of the successive praetors the Roman Law  i. 40.)  This cohort is said to have been first
owes in a great degree Its developement and iln-  formed by Scipio Africanus out of the bravest
provement.  Both the Praetor Urbanus and the  troops, whom  he exempted from  all other duties
Praetor Peregrinus had the Jus Edicendi (Gaius, except guarding his person, and to whom he gaveo
i. 2), and their functions in this respect do not ap-  sixfold pay (Festus, s. v.); but even in the early
pear to have been limited on the establishment of times of the republic the Roman general seems to
the imperial power, though it nmust have been  have been attended by a select troop. (Liv. ii. 20.)
gradually restricted  as the practice of Imperial  In the time of the civil wars the number of the
Constitutions and Rescriptsbecame common. [EDIc- praetorian cohorts was greatly increased (Appian,
TUM.]  The limits of these two praetors' adminis-  Bcll. Oiv. iii. 67, v. 3); but the establishment of.
tration were expressed by the term Urbanae Pro-  tthem as a separate force was owing to the policy
pinciae.                                          of Augustus.  They originally consisted of nine
The chief judicial functions of the Praetor in, (Tac. A21iz. iv. 5; Suet. Autg. 49) or ten cohorts;
civil matters conlsisted in giving a judex. [JUDnx.]  (Dion Cass. lv. 24), each consisting of a thousandIt was only in the case of Interdicts, that he de-  men, horse and foot.  They were chosen only
cided in a sulmmaryway. [INTERDICTUA.] Pro- from  Italy, chiefly from  Etruria and Umbria, or
ceedings before the praetor were technically said lancient Latium, and the old colonies (Tac. I. c.
to be inljure.                                    t1ist. i. 84), but afterwards  from  MMacedoni;l,
The P'raetors also presided at trials of criminal Noricum, and Spain also.  (Dion Cass. bxxiv. 2.)
matters.  These were the Quaestiones perpetuae  Augustus, in accordance with his general policy
(Cic. Brut. c. 27), or the trials for Repetundae,  of avoiding the appearance of despotism, stationed
Ambitus, MIajestas, and Peculatus, which, when  only three of these cohorts in the capital, and dis-:
there were six praetors, were assigned to four out persed the remainder in the adjacent towns of
of the namber.  Sulla added to these Qnaestiones  Italy. (Suet. Aug. 49.)  Tiberius, however, iunder
those of Falsum, De Sicariis et Veneficis, and De  pretence of introducing a stricter discipline among
Parricidis, and for this purpose he added two or them, assembled them all at Rome in a permanent
according to some accounts four praetors, for the  camp, which was strongly fortified.  (Tac. A enz..
accounts of Pomponius and of other writers do not iv. 2; Suet. Tiber. 37; Dion Cass. lvii. 19.) Their
agree on this point.  (Sueton. Caesar, 41; Dion  number was increased by Vitellius to sixteen coCass.-xlii. 51.)  On these occasions the Praetor  horts, or 16,000 men. (Tac. IIist. ii. 93.)
presided, but a body of judices determined by a    The Praetorians were distinguished by doubloe
majority of votes the condemnation or acquittal of pay and especial privileges.  Their term of' service,
the accused.  [JUD1IClUM.]                         was originally fixed by Augustus at twelve years
Tlhe Praetor when he administered justice sat  (Dion Cass. liv. 25), but was afterwards increased'
on a sella Curulis in a Tribunal, which was that to sixteen years; and when they had served their
part of the Court which was appropriated to the  time, each soldier received 20,000 sesterces.  (Id.
Praector and his assessors and friends, and is op-  Iv. 23; Tac. Ann. i. 17.)  All the Praetorialls
posed to the Subsellia, or part occupied by the  seem to have had the same rank as the centurions
Judices, and others wsho were present. (Cic. Brutt. in the regular legions, since we are told by Dionl
84.)  But the Praetor could do many miniisterial  (Iv. 24) that they had the privilege of carrying a:
acts out of court, or as it was expressed e plalso, or  vitis (pMd8os) like the centurions. The Praetorians,
ex acqiso loco, which terms are opposed to e tritsnoali however, soon became the most powerful body in
or ex szpemriore loco: for instance, he could in cer- the state, and like the janissaries at Constanitinople,
tain cases give validity to the act of manumission  frequently deposed and elevated emperors accordwhen he was out of doors, as oue his road to thc  ing to their pleasure.  Even the most powerful.
bath or to the theatre. (Gaius, i. 20.)            of the emperors were obliged to court their favour
A person who had been ejected from the senate  and they always obtained a liberal donation upon
could recover his rank by being made Praetor  the accession of each emperor.  After the death
(I)ion Cassius, xxxvii. 30; Plutarch, Cicero, 17).  of Pertinax (A. D. 193) they even offered the emSallustius was made praetor ErI'rT 7)'V  lOVMlAv  pire for sale, which was purchased by Diditis
&YaAaGe7v. (Dion Cassius, xlii. 52.)              Julianons (Dion Cass. lxxiii. 11; Spartian. JZlias.
The Praetors existed with varying numbers to  2, Herodian. ii. 7); but upon the accession of
a late period in the Empire, and they had still  Severus in the same year they were disbanlded, on
jiurisdictio. (Cod. 7. tit. 62. s. 17; 5. tit. 71. s. 18.)  account of the part they had taken in the death of
The functions of the Praetors, as above ob-  Pertinax, and banished from the city. (Dion Cass.
served, were chiefly judicial, and this article should  Ixxiv. 1.)  The emperors, however, could not disbe completed by a reference to EDICTUM, IMPE-  pense with guards, and accordingly the Praetorians
RIsur, JuDEx, JURISDiCTIO, MAGISTRATUS, PRO-  were restored on a new model by Severus, and
~INCIA.  To the authorities referred to under  increased to four times their ancient number.  InEdictum may be added, " Die Praitorischen Edicte  stead of being levied in Italy, Macedonia, Norider Rimer, &c., von D. Eduard Schrader, Weimar, culm, or Spain, as formerly, the best soldiers were
1t815."                                [G. L.]    now draulghted from all the legions on the frontiers;
PRAETO'RIA A'CTIO.  [AcTIO.]                     so that the praetorian cohorts now  formed the
PRAETO'RIA  COHORS.  [PRAETORIANNI.]  bravest troops of the empire. (Dion Cass. lxxiv. 2;
I'RAETORIA'NI, sc. irLilites, or Pruetoriae  Herodian. iii. 13.)  Diocletian reduced their ntun



958            PRIMICERIUS.  PROBOLE.
bers and abolished their privileges (Aurel.'Vict. officers and dignitaries under the later Roman
de Coes. 39); they were still allowved to remain at empire, is explained by Suidas (s. v.) to be the perRome, but had no longer the guard of the em- son who holds the first rank in any thing.  The
peror's person, as he never resided in the capital. etymology of the word is doubtful: it is supposed
Their numbers were again increased by Maxentius, that a person was called Primicerites because his
but after his defeat by Constantine, A. D. 312, they  name stood first in the wax (cera), that is, the
were entirely suppressed by the latter, their for- tablet made of wax, which contained a list of pertified camp destroyed, and those who had not sons of any rank.
perished in the battle between Constantine and    The word Primicerius does not seem  to have
Maxentins were dispersed  among  the legions. been always applied to the person who was at the
(Zosimus, ii. 17; Aurel. Vict. de Caes. 40.) The  head of nl:y department of the state or army, but
new form of government established by Constantine  also to the one second in command or authority
did not require such a bolly of troops, and accord- as, for instan e, the Printicerius Sacri Cubiculi,
ingly they were never revived. The emperor's body  who was under the Praeposltus Sacri Cubiculi.
guards now only consisted of the Domnestici, horse  [PRAEnOSITUS.]   Various Primicerii are menand foot under two comites, and of the Protectores. tioned, as the Priomicerius Domnesticors2ui  and Pio(Cod. ]2. tit. 17; Cod. Theod. 6. tit. 24.)       tecloerlun  (Cod. 12. tit. 17. s. 2), Fabricae (Cod.
The commanders of the Praetorians -were called  11. tit. 9. s. 2), All feJsaraes (Cod. 12. tit. 28. s. 1),
PRAEFECTI PRAETORIO, whose duties, powers, Nrotarnloumon (Cod. 12. tit. 7), &c.
&c. are mentioned in a separate article.             PRIMIPILA/RES.  [ExERcITus, p. 503, b.]
PRAETO'RIUM was the name of the general's    PRIIIPI'LUS.  [ExERCITUS, p. 505.]
tent in the camp, and was so called because the    PRINCEPS JUVENTU'TIS.  [EQuITEs.]
name of the chief Roman magistrate was originally    PRINCEPS SENATUS.  [SErNATUS.]
praetor, and not consul.  [CATsRA, p. 249.] The    PRINCIPA'ILIS PORTA. [CASTRA, p. 249.]
officers who attended on the general in the Prae-    PRI'NCIPES.  [ExERCITUS, pp. 495-497.]
torito,,, and formed his council of war, were called    PRINCI'PIA.  [ExaRCITUS, p. 502, b.]
by the same name. (Liv. xxx. 5.) The word was    PRIVILE'GIUM.  [LEx, p. 683, b.]
also used in several other significations, which    PROAGOGEIAS   GRAPHE  (rpoayWyEas
were derived from  the original one.  Thus the  ypaq)n), a prosecution against those persons who
residence of a governor of a province was called  performed the degrading office of pimps or prothe Praetosrion  (Cic. c. Verr. iv. 23, v. 35;. curers (Irpoaeywryo).  By the law  of Solon the
St. John, xviii. 28, 33); ald the same nane was heaviest punishment (Tar /eylora ErirTi.rua) was
also given to any large house or palace. (Suet. inflicted oil such a person (daY sls EAeuOepov raaif
At.g. 7 2, Caal. 37; Juv. i.  75; l'aeto'ia n ohtststi  )1 TyssallCa 7rpoayaWyeVo1y, Aesch. c. Ti7march 3. 26.
tantumn d(eserient iac, Dig. 50. tit. 16. s. 198.) The  ed. Steph.).  Accordisng to Plutarch (Sol. 23), a
camp of the Praetoriall troops at Rollme, and fre- penalty of twenty drachls was imposed for the
quently the Praetorian  troops themlselves, were  saine offence.  To reconcile this statement with
called by this name.  [PRAETORIAN1S.]             that of Aeschilnes, -we miay suppose with Platner
PRAEVARICA'TOR. [SE.NasTruscoNsuLTru.s i (PIroc. etZd Kil(qJ. vol. ii. p. 216) that the law
TURnPIIANeiJrY.]                                  | mentioned by Plutarcll applied only- to prostitutes.
PRA'NDIUM.  [Coa.NA, p. 306, b.]                Al example of a man put to death for takin   an
PRECA'RIUM.  [INTErDICTUlum.]                   Olynthian girl to a brothel ( oTeac ter' o0tmclia0os)
PRELUM, or PRAELUM, is a part of a  occurs in Dinarchus (c. Demos/ts. 93, ed. Steph.).
press used by the ancients in making wine, olive- A prosecution of a umam  by Hyperides El 7rpoa,
oil, and paper.  The press itself was called torn-  ywyfi is mentioned by Pollux (iii. 27). A charge
cesar; and the prelum was that part which was  (probably false) was brought against Aspasia for
either screwed or knocked down upon the things getting fieebornl women into her house for the use
to be pressed, in order to squeeze out the last of Pericles.  (Plut. Pericl. 322; Aristoph. Aclsa)-n.
juices. (Serv. ad Visyg. Geory. ii. 242; Vitruv. vi. 9.) 527.)  In connection with  this subject see the
Sometimes, however, preluin and torcular are used  H'rTAInrESEOS  GRAPHE  and  PHTMHORAS TON
as convertible terms, a part being named instead  ELEUTIIERON  GRAPHE.  (Meier, Att. Proc. p.
of the whole.  As regards tie pressing of the  332.)                                   [C. R. K.]
grapes, it should be remembered that they were    PRO'BOLE (7rpofoAi), ani accusation of a crifirst trodden with the feet; but as this process did  minal nature, preferred before the people of Athens
not press out all the juice of the grapes, they were  in assembly, with a view to obtain their sanction
afterwards, with their stalks and peels (scopi et for bringing the charge before a judicial tribunal.
folliculi), put under the preluhem.  (Varro, de Re  It may be compared iii this one respect (viz., that
Rzest. i. 54; comp. Column. xii. 38.)  Cato (dle Re  it wans a prelirinary step to a mIore formal trial)
Rust. 31) advised his countrymen alwvays to make  with our application  for a criminal informatioi;
the prelum of the wood of black mlaple (caoisbzi2ss though in regard to the object and niode of proatra).  After all the juice was pressed out of the  ceeding there is not much resemblance.  The
grapes, they were collected in casks, water was I rpogoAi  v was reserved for those cases where the
poured upon them, and after standing a inight they  public had sustained asi injury, or where, from the
were pressed again.  The liquor thus obtained  station, power, or influence of the delinquent, the
Was called lora; it was preserved in casks, and  prosecutor might deem it hazardous to proceed inl
was used as a drink for worklmen during the  the ordinary way without being authorised by a
wvinter. (Varro, l. c.)  Respecting the use of the I vote of the sovereignl assembly.  In this point it
prelum in making olive-oil, and in the manufacture  differed from  the eoaayyEtI'a, that in the latter
of paper, see Plin. II. Nr. xv. 1, xiii. 25; Colurn.  the people were called upons either to pronosunrce:xi. 50.                               [L. S.]  fiinal juldgmlent or to direct soine peculiar method
PBRIMICE'RIUS, a lnamle given  to various of trial; -hcereas in the arpfogoh, after the judg



PROBOLE.                                            PROBOLE.                    9 59
mnent of the assembly, the parties proceeded to  and even upon aslave, much more upon a magistrate
trial in the usual manner. The court before whom  or officer engaged in superintending the performance;
they appeared, however influenced they might be  an attempt to imprison by legal process, and even
by the praejadiciunz of the people, were under no  a levying of execution upon the goods of a debtor,
legal compulsion to abide by their decision; and  during the continuance of the festival, was held to
on the other band it is not improbable that if the  be a profanation of its sanctity, and to subject the
people refused to give judgment in favour of the  offender to the penalties of these statutes.   For
complainant, he might still proceed against his ad- any such offence complaint was to be made to the
versary by a y'paqp, or a private action, according  Prytanes (i. e. thle Proedri), who were to bring forto the nature of the case. (Platner, Proc. uosd Kll.  ward the charge at an assembly to be held soon
vol. i. p. 382.).                                  after the festival in the theatre of Dionysus.  The
The cases to which the wrpoCohX  was applied  defendant was to be produced before the assembly.
were complaints against magistrates for official mis- Both parties were heard, and then the people proconduct or oppression; against those  public in- ceeded to vote by show of hands.   Those who
formers and mischief-makers who were called ovisco- voted in favour of the prosecution were said tcaTacpavraL; against those who outraged public decency  XelpoTover7, those who were -against it &7roXEtpoat the religious festivals; and against all such nas -ovEL,   The complainant was said.rpoCgaAAEo-a
by evil practices exhibited disaffection to the state. vr' &a KoDv7'r, and the people, if they condemned
(Tiarpoc. and Suidas, s. v. Ka'ra-XEpo'rovla; Pollux, him, 7rpoKcaTayo~,vat. (Demosth. c. llid. 578, 583,
viii. 46; Aesch. de Fals. Le.. 47; Isocr. 7repi 586.)
arTL8. 344, ed. Steph.)                               Some difficulty has arisen in explaining the folWith respect to magistrates, Schbmann (de Coi;zit. lowing words in the law above referred to: - qia
p. 231) thinks that the  rpoCoXai  could only be IrpooAa&r vrapal8~woeav uoeat'a y  IAl E'KTE-O'iyveaL
brought against them at those ENIXelpoTrovLat -which  couav.  Platier (Proc. zzd ll. vol. i. p. 384) and
were held at the first Kvp&a ieKKXh fia in every Pry- Schllmann (de Cor. p. 238) suppose that by these
taneia, when the people inquired into the conduct of words the Prytanes are commanded to bring before
magistrates, with a view to continue them in office  the people those complaints, for which satisfaction
or depose them, according to their deserts.  An  has not been made by the offender to the proseexample of magistrates being so deposed occulrs in  cuter; and, to show that a compromise would be
D:)emosth. c. Thteocr. 1330.  The people(says Scho- legal, Platner refers to Demosthenes, c. Aliid. 563,
mann) could not proceed to the 7rLXElpo'TovLa ex- 5O3; to which we may add the circumstance that
cept on the complaint (7rpoCokXl) of some individual;  Demosthenes is said to have compromised his charge
the deposed magistrate was afterwards brought to  agailst Meidias for a sum of imoney.  Meier (Alt.
trial, if the accuser thought proper to prosecute the  P roc. p. 275) explains it thus: that the Prytanesmatter further.  There appears, however, to be no  (or rather Proedri) were to bring before the people
authority for,limiting the mrpogoAl  against mamrri- all the 7rpofoXaf, except those of a trifling chastrates to these particular occasions; -ad otiher  rcter, for which they -were themselves emopowered
w-riters have not agreed with Schuimann on this  to impose a fine.  (As to the power of fining see
point.  (Platner, Proc. zlnd Kll. vol. i. p. 385;   t1t., Proc. p. 34.)  If we suppose the complaint to
Meier, A4tt. Proc.. p. 273.)                      take the name of 7rpogoXl upon its being presented,
An example of a orpogoAx  against Sycophants is to the Proedri, the expression ElCTrerteOe'pEv7 irpofom'l
that which the people, discovering too late their w -ill cause no difficulty; for as aLKV TtvetV' signifies
error in putting to death the generals who -gained  to pay the damages awarded in asn action, so 7rpothe battle  of Arginusae, directed to be brought  oXh'V T-'IeSV may signify, to pay the fine imposed
against their accusers.  (Xen. Hell. i. 7. ~ 39.) by the magistrates before whom  the charge was
Another occurs in Lysias  (c. A4qo'at. 135, ed. brought; and 7rpoCoAXlq is not used improperly for
Steph.), where the words ov;AAW7s~v  rai'raes`Kal  Er,~oA1vJ, any more than a8/',c is for Trlcytya in the
fv tp   l   r&'I I. seal c',         icarrspl   ovmocpaPvrm'as  other case. Perhaps there is more force in amnother
ca'e'yvcore, describe  the  course  of proceeding  objection urged by Platner, viz., that (according to
in this method of prosecution.   (Schbmann, de  this interpretation) the not bringing the case before
C'Gon. p. 234.). the assembly is malde to depend on the izon-playThose who worked the public mines clandes-  vlent, and not (as might have been expected) on
tinely, and those lwho were guilty of peculation or the iinosition of the fine.
embezzlement of the public money, were liable to    The people ha-vilig given their sentence for the
a 7rpo~oX-i.  A case of enibezzlement is referred to  prosecution, the case was to be brought into the
by Demosthenes c. 1Aiid. 584.  (Schiimann, 1. c.; court of Heliaea.  In certain cases of a serious
Platner, Pr'oc. tend 1l7. vol. i. p. 381.)          iature the defendant might be required  to giv-e
But the zrpofoXj which has become nmost cele- bail for his appearance, or (in default thereof) go
brated, owing to the speech of Demosthenes against to prison. (Meier, ltt. P1-oc. p. 276.) The persons
Meidias, is that which was brought for miisbeha- onl whom devolved the iyEg.ovia asaorv7'lpmov were,
viour at public festivals.  We learn frionl the laws  according to Pollux (viii. 87), the Thesmlothetae.
cited in that speech (517, 518, 571) that 7rpooASa  Meier (I. c.) thinks this would depelid on the
were enjoined  against any persons who, at the  nature of the cause, and that upon a charge for the
Dionysian, Thargelian, or Eleusinian festival (andc  profanation of a festival, the cognizance would bethe same  enactmenlt was probably extended  to  long to such of the three superior archons as had
other festivals), had been guilty of such an offence  the  superintendence  thereof.   This would (no
as would fall within the description of &o-eEta  doubt) follow from the ordilnary principles of Atheirel Eops-',.   A  riot or disturbance during  the  nian jurisprudence; but it may be conceived that
ceremony,:an assault, or other gross insult or ont-, the extraordinary nature of the complaint by lrporage, committed uponl any of the performers or i CoAI might take it out of the common course of
spectators of the games whether-ciltizein or foreigner,  practice. -(Platner p; 3850.) The dicasts lhad to.pro




960              PROBOULT.                                           PROCONSUL.
lnounce their verdict on the guilt of the party, and  after the Sicilian defeat, and by Lysias, c. Erstrosti..
to assess the penalty, which might be death, or  126, ed. Steph.                         [C. R. K.]
only a pecuniary fine, according to their discretion.    PROCHEIIROTO'NIA             (7rpoXsElp0Tova).
The trial (it seems) was attended with no risk to  [BouLE., p. 211, a.]
tile prosecutor, who was considered to proceed under    PROCLE'SIS   (WrprcXNljas).   [DIAETErAE,the authority of the popular decree. (AMeier, Att. p. 398, b.h
P'roc. p. 277.)                     [C. R. K.]         PROCONSUL is an officer who acts in the
* PROBOULEUMA  (7rpo9o6Xsevta). [BoULE, place of a consul without holding the office of conI
p. 210, b.]                                         sul itself; though the proconsul was generally one
~ PROBOULI (7rp6ouAoti), a name applicable  who had held the office of consul, so that the proto any persons who are appointed to consult or take  consulship was a continuation, though a modified
mAeasures for the benefit of the people.  Thus, the  one, of the consulship.   The first time that we
delegates who were sent by the twelve Ionian  meet with a consul, whose imperioum was prolonged
cities to attend the Panionian council, and deliberate  after the year of his consulship, is at the conlon the affairs of the confederacy, were called 7rpo- mencement of the second Samnnite war, at the end
CouXos. (Herod. vi. 7.)  So were the deputies sent  of the consular year 327 B. c., when it was thought
by the several Greek states to attend the congress  advisable to prolong the imperium (ispesrieot  proat the Isthmus, on the occasion of the second Per-  rogare) of Q. Publilius Philo, whose return to Romle
sian invasion (Herod. vii. 172); and also the en-  would have been followed by the loss of most of
voys whom the Greeks agreed to send annually to  the advantages that had been gained in his camlPlataea.  (Plutarch, Arist. 21.)  The word is also:paign. (Liv. viii. 23, 26.) The power of proconsul
ulsed like VlojuOS'Xaeces, to denote an oligarchical  was conferred by a senatusconsultum  and plebisboldy, in whom  the government of a state was  citum, and was nearly equal to that of a regular
vested, or who at least exercised a controlling power  consul, for he had the imperium  and jurisdictio,
over the senate and popular assemblies. Such were  but it differed inasmuch as it did not extend over
the sixty senators of Cnidlus; and a similar body  the city and its immediate vicinity (see Niebuhr,
appears to have existed at Mlegara, where, although  Hist. of'Rozme, iii. p. 186t, who infers it from Gaius, iv.
democracy prevailed at an earlier period, the go-  104, 105), and was conferred without the auspicia
vrernment became oligarchical before the beginling  by a mere decree of the senate and people, and not
of the Peloponnesian war. (Arist. Pol. iv. 12. ~ 8, vi. in the comitia for elections.  (Liv. ix. 42, x. -2,
5. ~ 13; tiiller, Dor. iii. 9. ~ 10; WacVhsmuth, Al-  xxxii. 28, xxiv. 13.)  Hence whenever a proceontesrth. vol. i. pt. 2. p. 91; Schlismann, Asztiq. jrs..publ. sul led his army back to Rlome for the purpose of
p. 82.)  A body of men called 7rpo'ovAot were ap-  holding a triunlph, the is-perium  (is, urbe) wvas
pointed at Athenls, after the end of the Sicilian war,  especially granted  to him  by the people, Whichl
to act as a committee of public safety. Thucydides  was, of course, not necessary when a consul tri(viii. 1) calls them &pXV vtiva irpee~CurTpswv  &,a6pi,,  iumplied during the year of his office.  Livy  (iii.
OLTrves 7rep CiVT 7rapSr',sTV i s li   Katpbs s1 7rpogov- 4), it is true, mentions men appointed with pro.
Ae.,so'Urt.  They were ten in number. (Suidas, s. v. consular power at a much earlier period tlla  the
ItIpf6ovl oti.  Whether their appointment arose out time of P'ublilius Philo; but there is this diffeience,
of any concerted planI for overturning the constitu-  that in this earlier instance the proconsultll power
tion, is doubtfll. The ostensible object at least was  is not an isivpersizsin prorogyatimi, lbut a fi:esh. apl
ditferenlt; and the measures which they took for pointmient as commander of the  reserve, and
defelndinlg their country, and prosecuting the war.  Niebuhr (-Ilst. of'Ronze, ii. p. 123) justly remlarks
appear to have been prudent and vigorous.  Their that Livy here probably applies the phraseology of
authority did not last much longer thanl a year; a much later time to the comlmander of the reserve;
for a year and a half afterwards Pisatider and his  and this is the more probable as Dionysius (ix. 12)
colleagues established the council of Four Hundred, speaks of this a&Tri7rpar7,yis as havisng been apby which the democracy was overthroxvn. (Thucyd. pointed by the consuls.   Nineteen years after the
viii. 67; Wachssnuth, vol. i. pt. 2. p. 197.)  The  proconsulship of Publilius Philo, 308 B. c., Livy
first step which had been taken by Pisander and  (ix. 42) relates that the senate alone, and without
his pairty, was to procure the election of a body of a plebiscitum, prolonged the imperiu   of the consul
mIen, called  vy'ypaPEss aSroVcpdTopes, who wvere  Q. Fabius Maximus Rullianus; but it is manifest
to draw up a planu, to be submitted to the people, that here again Livy transfers a later institution to
fo' remnodelling the constitution. Thucydides says  a time when it did not yet exist; for it'was only
they were ten  in number.  HIarpocration (s. v. by the lex Maenia (236 B. c.) that the Senate obuyvypa0e7s) cites Androtion and Philochorus as  tained the right to prolong the imperium.
having stated that thirty were chosen, and adds,    When the number of Romnan provinces had be0' 5e Oeovcuml3rls TCjV e'Ka Ei /VsUO'evse OlsPoe  7rv  comlle great, it was custonmary for the consiils, who
7rpovo/Xcorv. This and the language of Suidas (s.v. during the latter period of the republic spent the
IUpsmouAso) have led Schsismamn to conj ecture that the  year of their consulship at Rome, to undertake at
~trp6tovuoe  were elected as srwyypaWeEs, and twventy  its close the conduct of a war in a province, or its
more persons associated wvith themll, makiing in all peaceful administration. (Cic. de Nat. Deor. ii. 3
the thirty mentionled by Androtion anld P'hilochorus.  Liv. xxxiii. 25; Cic. cal Fsen. viii. 5. 13.)  There
(Ant. jzsr'. publ. 1831.)  Others have thought that are some extraordimnary cases on record in which a
the  eu'yypyfppei s  of Thucydides have been con- man obtained a province twith the title of proconsul
founded by grammarians with the thirty tyrants,  xwithout havinmg held the consulship before.  The
who were first chosen o''roues 7rarptovs voyous  first case of this kind occurred in n. c. 211, xwhen
s-u-yypf-w1ro  KaO' o's -roXmrhesrousl.  (Xen. liell. young P. Cornelius Scipio was created proconsul of
ii. 3. ~ 2; Goeller, ad T/iZsC. viii. 67.)  These  Spain in the comitia centuriata.  (Liv. xxvi. 18.)
Athenian 7rpo-povuAo are alluded to by Aristophanes  During the last period of the republic such cases
in the Lysistsrtta (46.7), which was acted the year  occurred more frequently.  (Plitt. Aessil. I'ul. 4;




PRLODIGIIUM.                                         PROD OSIA.                   961
Cic. de Leg. i. 20.)   Respecting the powers and r affairs, as, for example, when tile marvel reported
jurisdiction of tihe proconsuls in the provinces, see  had beeit obserived in a private mansion or in some
PROVINCIA.                                          town not closely connected with Rome, and in this
After the administration  of the  empire was  case it was said non ssuscipi, but a regular record of
newly regulated by Constantine, parts of certain  the more important was carefully preserved in the
dioceses were  ander the administration of pro- Annals, as may be seen from the numerous details
consuls.  Thus a part of the diocese of Asia, called  dispersed throughout the extant books of Livy.
Asia in a narrower sense, Achaia in the diocese  (See Liv. ii. 42, iii. 10, xxiv. 44, xxxvii. 3, xliii.
of Macedonia, and the consular province in the  13; Miiller, die Etrusker, vol. ii. p. 191; Hartunng,
diocese  of Africa, were  governed by proconsuls. die Religios cler RMncr, vol. i. p. 96; and for an
(Walter, Gcsciichte des Ro;nisclens Rechts, ~ 366, interesting essay on the illustrations of Natural
2d edit.)                               [L. S.]    History to be derived from the records of ancient
PROCUBITO'RES.  [ExRneITUS, p. 503, a.]  prodigies, Heyne, 02lsse. Acad. vol. iii. pp. 198,
PROCURAITOR  is the person who has the  255.)                                           [W. R.]
management of any business committed to him by    PRO'DOMUS.   [Dosvus, p. 425, b; TEsmanother.  Thus it is applied to a person who main-  PLUM.]
tains or defends an action on behalf of another, or,    PRODO'SIA  (orposoola).   Under this term
as we should say, an attorney  [ACTIO]: to a  was included not only every species of treason,
steward in a family [CALCULATOR]:  to an officer but also evelry such crime as (in the opinion of the
in the provinces belonging fo the Caesar, who at- Greeks) would amount to a betraying or desertion
tended to the duties discharged by the quaestor in  of the interest of a man's country.  The highest
the other provinces [PRovINcIx]: to an officer sort of treason was the attempt to establish a desengaged in the administration of the Fiscus [FIs- potism  (vvpavves), or to subvert the constitution
cus]:  and to various other officers under the  (Kcavradeav  vr'v,roatIeTta), aand in democracies
empire.                                             KavasAiLts' rOV 8~to or 01v  7rXorOos.  Other kinds
PRODI'GIUM  in its widest acceptation de- of treason were a secret correspondence with a
notes any sign by which the gods indicated to men  foreign enemy; a betrayinmg of an important trust,
a felture event, whether good or evil, and thus in- such as a fleet, army, or fortress; a desertion of
cludes omens and auguries of every description. post; a disobedience of orders, or any other act of
(Virg. Aem. v. 638; Servius, ad loc.; Plin. HI. N. treachery, or breach of duty in the public service.
xi. 37; Cic. in VTerr. iv. 49.)  It is, however,  (Demosth. pro Cos. 242, c. Leplt. 481, c. Tinmoc.
generally employed in a more restricted sense to  745, c. Tinotlb. 1204, pro Cor. Trierarch. 1230;
signify some strange incident or wonderful appear- Lys. c. Agor. 130, 131, ed. Steph.; Lycurg. c.
ance which was supposed to herald the approach  Leocr. 1,55, ed. Steph.)  It would be a betrayal of
of misfortune, and happened under such circum- the state, to delude the people by false intellistances as to announce that the calamity was im- gence or promises; or to disobey any special depending over a whole community or nation rather cree, such as that (for instance) which prohibited
thain private individuals.  The word may be con- the exportation of arms or nmaval stores to Philip,
sidered synonymous witih ostentumn,  monstrumn, por- and that which (after Philip had taken possession
tentuen. "Quia enim ostendunt, portendunt, mons- of Phocis) forbade Athenian citizens to pass the
trant, praedicunt; ostenta, portenltn, monstra, pro- night out of the cty. (Demosth. c. Lept. 487, 498,
digia dicuntur."  (Cic. de Div. i. 42.)  It should  pro  Cor. 238- de Feals. Leg. 433.)  But not olll
be observed, however, that prodigizsu  must be de- would overt acts of disobedience or treachery amount
rived from cgo, and not from dicoe, as Cicero would  to the crime of rposorila, but also the neglect to
have it.                                            perform  those' active duties which the Greeks in
Since prodigies were viewed as direct manifesta- general expected of every good citizen. Cowardice
tions of the wrath of heaven, and  warnings of in battle (8etiea) would be an instance of this
comilng vengeance, it was believed that this wrath  kind; so would any breach of the oath taken by
might be appeased, and consequently this venge- the e6V@7oe at Athens; or any line of conduct for
ance averted, by prayers and sacrifices duly offered  which a chaige of disaffection to the people (io'otothe offended powers.  This being a matter which  77utda) might be successfully maintained.  (Xen.
deeply concerned the public welfare, the necessary  CgYp.  i. 4. ~ 14, vi. 3. ~ 27; Eurip. Ploeniss.
rites were in ancient times regularly performed, 1003; Andoc. c. Alcib. 30, ed. Steph.; Lycurg. c.
under the direction of the pontifices, by the consuls Leoc. 157, ed. Steph.; Demosth. pro  Cop. 242.)
before they left the city, the solemnities being  Thus, we find persons, whose offence was the procalled procuratio prodigiorum.: Although from the  pounding unconstitutional lawns, or advising bad
very nature of the occurrences it was impossible to  measures, or the like, charged by their political
anticipate and provide for every contingency, we  opponents with an attempt to overthrow the conhave reason to know that rules for expiation, ap- stitution.  (Demosth.  rep1 ourvvTa. 170; Aescli.
plicable to a great variety of cases, were laid down  c. Timarcli. 1, c. Ctes. 82, ed. Steph.; Lys. pro
in the Ostentaria, the Libri Ritmalesi alld other sacred  Polyst. 159, ed. Steph.) Of the facility with whicll
books of the Etrurians (Cic. de Div. i. 33; Millel, such charges might be made at Athens, especially
Etrulskeor, vol. i. pp. 33, 36, 343, vol. ii. pp. 30, 99, in times of political excitement, when the most
122, 131, 146, 337), with the contents of which the  eminent citizens were liable to le suspected of
Roman priests were well acquainted; and when the  plots ~against the state, history affords abundant
prodigy was of a very terrible or unprecedented  proof; and Greek history, no less than modern,
nature it was usual to seek counsel from some re- shows the danger of leaving the crime of treason
lnowned Tuscanl seer, from the Sibylline books, or undefined by the lawv, and to be interpreted by
even from the Delphic oracle. Prodigies were fre- judges.  (Aristoph. Eq. 236, 475, 862, Vesp. 483,
quiently suffered to pass unheeded when they were  953; Wachsmuth, Hell. A1I. vol. i. pt. ii. p. 1 54,
considered to have no direct reference to public  vol. ii. pt. i. p. 178.)  One of the most relmarkatle
Cq




9G2               PRODOSIA.                                        PROMETIIEIA.
trials for constructive treason at Athens was that friends.  (Thucyd. i. 138.)  The posterity of a
of Leocrates, who left the city after the defeat at traitor became &ari/uot, and those of a tyrant were
Chaeroneia, and was prosecuted by Lycurgus for liable to share the fate of their ancestor. (Meursius,
desertion of his country.  The speech of Lycurgus  Twemz. Att. ii. 2, 15; Platner, Proc. und IKlag. vol.
is preserved to us, and is a good specimen of his  ii. p. 82; Meier, -Att. Proc. p. 341, De bon. damn.
eloquence.  The facts of the case are stated in p. pp. 11-13, 136.)  Traitors might be proceeded
150, ed. Steph.  The nature of the charge may be  against even after their death, as we have seen
seen from various expressions of the orator, such as  done in modern times.  Thus, the Athenians rexrpoeobS Tous YVEs ieal Ta EJ iral "ras e' rons  solved to prosecute Phrynichus, who had been most
voois rvonlas (147), ut  1o3oqOioas Tros 7raTrplols active in setting up the oligarchy of the Four
iepos,, EyircaraAhr irV T7', 7ro'Ai  (148), ob ovop~e-  Hundred  (rbv  vEiCpbO, KplYEILv rpoocrtas), and
~ArIdE'Vos oSElv EtS  y' Tri  7rrdXewr cosr oTpIav  also to subject his defenders to the punishment of
(153), cpve1ywv  arb, V7rIFp TS'S Tratp.TLos K',3UVOV  traitors, in case of a conviction.  This was done.
(154), and the like.  The defence of the accused  Judgment of treason was passed against Phryni.
was, that he did not leave Athens with a traitor-  chus.  His bones were dug rip, and cast out of
o01s intention (47rl 7rpoaooa), but for the purposes  Attica; his defenders put to death; and his murof trade (ernl fE'ropla).  (See Argument, and p. derers honoured with the freedom  of the city.
1'55.)                                             (Thuc. viii. 92; Lysias, c. Agor. 136; Lycurg. c.'The ordinary method of proceeding against those  Leocr. 1 64, ed. Steph.)            [C. R. K.]
who were accused of treason or treasonable prac-    PROEDRI (7rpoeSpoi). [BouLE, pp. 210, 212.]
tices was by EoSayyEAta, as in the case of Leo-    PROEI'SPHORA   [EIsPHona.]
crates. (Pollux, viii. 52.)  In some cases a yparp    PROEISPHORAS DIKE (7rpouei(popas NFc3),
might be laid before the Thesmothetae. (Demosth.  an action brought by a member of a Symmoria, to
c. Steph. 1137.). We read of an old law, by which  recover a rate paid on account of another.  The
the jurisdiction in trials for high treason was given Symmoriae being so arranged, that three hundred
to the archon farhAeLs. (Meier, Alt. Proc. p. 50.)  of the richest men were selected to form a superior
I;ut it could hardly be expected that in a Greek  board, responsible to the state in the first instance
city state-offences would always be prosecuted ac- for the collection of a property tax; the people
cording to the forms of law; and we find various  passed a decree, in case of need, commanding them
instances in which  magistrates, generals, and  to pay the whole tax in advance.  These then
others,  took a summary method  for bringing  were entitled to be reimbursed by the remaining
traitors and conspirators to justice. Thus a certain  nine hundred of the Symmoriae, and each of them
person, named Antiphon, who had promised Philip  probably had a certain number assigned to him by
to burn the Athenian arsenal, was seized by the  the Strategi for that purpose; against whom  he
council of Areiopagus, and afterwards put to the  might bring actions for contribution according to
torture, and condemned to death by the people. their respective assessments.  To recover money
(Demosth. pro Cor. 271; Aesch. c. Ctes. 89, ed. so advanced was called  rpoeaotpopav KotIeo'aOaV.
Steph.)  As to the power of the Areiopagus, see  (Demosth. c. Panlten. 977, c. Plaeniep. 1046, c.
further Lycurg. c. Leoc. 154.  The people in as-  Porycl. 1208.)  This cause, like others relating to
sembly might of course direct any extraordinary  the property tax and the trierarchy, belonged to
measures to be taken against suspected persons, as  the jurisdiction of the Strategi.  (Buickh, Pmbhl.
they did in the affair of the Hermes busts (Thucyd.  Econ. of Athens, pp.. 450, 526, 533, 2d ed.; Meier,
vi. 60, 61), and by their rl/ppopa might supersede  Alt. Proc. pp. 107, 550.)          [C. R. K.]
even the form of a trial.  So fearful were the    PROELIA'LES DIES.  [D.Es.]
Athenians of any attempt to establish a tyranny      PROERO'SIA or PROERO'SIAE (7rpoe7pdo'la
or an oligarchy, that any person who conspired for  or irpo-jporial) were sacrifices (or, according to
such purpose, or any person who held an office  other writers, a festival) offered to Demeter at the
under a government which had overthrown the  time when the seeds were sown, for the purpose of
constitution, might be slain with impunity. Every  obtaining a plentiful harvest.  (Suidas, Hesych.,
citizen indeed was under an obligation to kill such  Etymol. Mag. s. v.; Arrian inin Epictet. iii. 21.)
a person, and for so doing was entitled by law to  According to Suidas the Athenians performned this
honours and rewards.  (Andoc. de klyst. 12, 13, sacrifice in 01. 5. on behalf of all the Greeks; but
ed. Steph.; Lys. Amqc. aAs a..  roX. 172, ed. from all the other accounts it would appear that
Steph.)                                            the Athenians did so at all times, and that the inThe regular punishment appointed by the law  stance mentioned by Suidas is only the first time
for most kinds of treason appears to have been  that proerosia were offered by the Athenians for
death (Xen. Ilellen. i. 7. ~ 22; Demosth. pro  all the Greeks.  They are said to have been instiCor. 238; Lycurg. c. Lcoc. 148, 152, ed. Steph.), tuted by the command of some oracle at a time
which, no doubt, might be mitigated by decree of:when all the world was suffering from scarcity or
the people, as in the case of Miltiades (Herod. yi. from  a plague.  (Suid. s. v. EipeacVrul; compare
136) and many others.  The less heinous kinds of  Lycurg. Frgmse. c. llenesaech.)         [L. S.]
7rposoora were probably punished at the discretion    PROFESTI DIES.  [DIEs.]
of the court which tried them. (Demosth. c. Timroc.    PROGAMEIA (7rpo'ycidpea). [MATRIt MONIUM,
740, c. Tlheocr. 1344.)  The goods of traitors, who  p. 737, a.]
suffered death, were confiscated, and their houses    PROIX  (7rpot).  [Dos, p. 436.]
razed to the ground; nor were they permitted to    PROLETA'RII.  [CAPUT.]
be buried ill the country, but had their bodies cast    I'ROMETHEIA. (?rpot017Oea), a festival celeout in some place on the confines of Attica and  brated at Athens in honour of Prometheus.  (XeMegara.  Therefore it was that the bones of The-  noph. de Re Publ. Atlh. 3. ~ 4; Harpocrat. s. nv.
mistocles, who had been condemned for treason, Aa/-rwds.)  The timeat which it was solemnised is
were brought over and buried secretly by his  not known, but it was one of the five Attic festi



PROPYLAEA.                                        PROSCRIPTIO.                  963
vals, wh-ich were held with a torch-nr;ce ill the  (F(r fuller descriptions and restored views, see
Ceramicus (Harpocrat. 1. c.; Schol. ad Aristophl.  Stuart, ii. 5; Leake, Topoq. c. 8;.  iiller, Ar(?in. 131; conmp. LAMPADEPHORIA), for which  clhiol. d. IKlust, ~ 109. n. 1, 3; and a beautiful
the gymnasiarchs had to supply the youths from  elevation and plan in the Atlas to Kugler's Kuansttho gymnasia.  Prometheus himself was believed  geschichte, sect. 2. pl. 3. figs. 12, 13.)
to have instituted this torch-race, whence he was    The, great temple at Eleusis had two sets of
called the torch bearer. (HIygin. Poet. Astr. ii. 15; psopylaea, the smaller forming the entrance of the
Eurip. Ploeniss. 1139; Philostrat. Flit. Sophist. ii. inner enclosure (7repLoAos), and the greater, of
20.) The torch-race of the. Prometheia commenced  the outer.  The latter were an exact copy of the
at the so-called altar of Prometheus in the aca-  Athenian prolylaea. (Miiller, 1.c. n. 5.)  There
demia (Paus. i. 30. ~ 2; Schol. cad Soph. Oed. Col. were also propylaea at Corinth, surmounted by
53), or in the Ceramicus, and thence the youths  two chariots of gilt bronze, the one carrying Phaewith their torches raced to the city.  (Welcker, thon, and the other the Sun himself. (Paus. ii. 3.
Die Aescihyl. 7'-ilog. p. 120, &c.)    [L. S.]    ~ 2.)                                   [P. S.]
PROMISSOR.  [OaBLIATIONES, p.817, b.]              PRORA.  [NAvis, p. 786, a.]
PROMNE'STRIAE  (7rpo(v'0r7pma1P).  [MA-    PROSCE'NIUM.  [THEATRU1'a.]
TRIMONIUM, p. 736, b.]                               PROSCLE'SIS (wrpdrsocAxSo    ).  [DIIsE.]
PROMULSIS.  [CoEN,A p. 307, a.]                    PROSCRIPTIO.  The verb poscribere proPROMUS.  [CELLA; SERVUS.]                       perly signifies to exhibit a thing for sale by means
PRONA'OS.  [TEsMPLeuM.]                         of a bill or advertisement: in this sense it occurs
PRO'NUBAE, PRO'NUBI.   [MATrIAmo             - in a great many passages.  But in the time of
NiUM, pp. 743, b, 744, a.]                         Sulla it assumed a very different meaning, for he
PROPHE'TES, PROPHE'TIS. [ORACULUnm, applied it to a measure of his own invention (Vell.
p. 837, a.]                                        Pat. ii. 28), namely, to the sale of the property of
PROPNIGE'UM.  [BALNEAE, p. 1912,b.]    those who were put to death at his command, and
PROPRAETOR.   [PRaoVINcI.]                      who were themselves calledpr-oscriti.  Towards
P-ROPRI'ETAS.  [DOMINIUM.]                     the end of the year 82 B. c. Sulla, after his return
PROPYLAEA  (7rporvAama), the entrance to  from  Praeneste, declared before the assembly of
a temple, or sacred enclosure, consisted of a gate-  the people that lie would improve their condition,
way flanked by buildings, whence the plural form  and punish severely all those who had supported
of the word.. The Egyptian temples generally had  the party of Marius. (Appian. B. C. i. 95.)  The
magnificent propylaea, consisting of a pair of oblong  people appear tacitly to have conceded to him all
truncated pyramids of solid masonry, the faces of the power which he wanted for the execution of
which were sculptured with hieroglyphics.  (See  his design, for the lex Cornelia de proscriptione et
Herod. ii. 63, 101, 121, and other passages; the  proscriptis was sanctioned afterwards when lie was
modern works on Egyptian antiquities; the Allaos  made dictator.  (Cic. de Leg. i. 15, de Leg. Agsr.
to Kugler's Ksunstyeschichte, sect. 1. pl. 5. fig. 1.)   iii. 2, &c.; Appian. B. C. i. 98.) This law, which
In Greek, except when the Egyptian temples  was proposed by the interrex L. Valerius Flaccus
are spoken  of, the word is generally used to  at the command of SIlla, is sometimes called lex
signify the entrance to the Acropolis of Athens,  Cornelia (Cic. c. Verr. i. 47), alad sometimes lex
which was the last completed of the great works  Valeria.  Cicero (p-ro Rose. Ain. 43) pretends not
of architecture executed under the administration  to know whether lie should call it a lex Cornelia
of Pericles.  The building of the Propylaea occu- or Valeria.  (Comp. Schol. Gronov. p. 435, ed.
pied five years, B.c. 4 37-432, and cost 2012  Orelli.)
talents. The name of the architect was Mnesicles.    Sulla drew up a list of the persons whom  he
(Plut. Pe-r. 13;. Thuc. ii. 13, with Poppo's Notes; wished to be killed; and this list was exhibited
Aristoph. Equsit. 1326; Demosth. de Rep. Ord. 28. in the forum to public inspection.  Every person
p. 174. 23, ed. Bekker; Harpocrat. Suid. s.v.;  contained in it was an outlaw, who might be
Cic. de Off. ii. 17.)  The edifice was of the Doric  killed by any one who met him with impunity,
order, and presented in front the appearance of a  even by his slaves and his nearest relatives.  All
hexastyle portico of white marble, with the central his property was talken and publicly sold. It nmay
intercolumniation wider than. the rest, and with  naturally be supposed that such property was sold
two advanced wings, containing chambers, the  at a very low price, and was in most cases purnorthern one of which (that on the left hand) was  chased by the friends and favourites of Sulla; in
adorned with pictures, which are fully described  some instances only a part of the price was paid
by Pausanias (i. 22. ~~ 4-7), and among which  at which it had been purchased. (Sallust, Fr-agzm.
were works by Polygnotus, and, probably, by  p. 238, ed. Gerlach.)  The property of those who
Protogenes. (See Diet. ofi Biog. s. vv.)  On the  had fallen in the ranks of his enemies was sold in
right hand, and in front of the Propylaea, stood  the same manner, (Cie. pro Rose. Asn,. 43.) Those
the temple of Nike Apteros, and close to the en- who killed a proscribed person, or gave notice of
trance the statue of tierusoes Propi/laceus; and the  his place of concealment, received two talents as a
Propylaea themselves were adorned with numerous  reward; and whoever concealed or gave shelter to
statues. (Paus. I.e.)  A  broad road led straight a proscribed, was punished with death.  (Cic. c.
from  the Agora to the th-o/ laea, which formed  Verr. i. 47, Plut. Sull. 31; Suet. Caes. 11.)  But
the only entrance to the Acropolis, and the imme-  this was not all; the proscription was regarded as
diate approach to which was by a flight of steps, a corruption of blood, and consequently the sons
in the middle of which there was left an inclined  and grandsons of proscribed persons were for ever
plane, paved with Pentelic marble, as a carriage-  excluded from  all public offices. (Plut. 1. c.; Vell.
way for the processions. Both ancient and modern  Pat. ii. 28; Quinctil. xi. 1. 85.)
writers have agreed in considering the Propylaea    After this example of a proscription had once
as one of the most perfect works of Grecian art,. bee set, it was readily adopted by those in power
3q 2




964            PROTHIESMIA.                                         PROVINCIA.
during the civil commotions of subsequent years. brought within a year after the propounding of the
This was the case during  the  triumvirate  of law. (Iflapaveopwv   ypaOq, and Schim. de C'oit.
Antonius, Caesar, and Lepidus. (43 B. c.)  Their p. 278.) And the evOl6vai against magistrates were
proscription was even far more formidable than  limited to a certain period, according to Pollux
that of Sulla, for 2000 equites and 300 senators  (viii. 45).  Amnesties or pardons, granted by
are said to have been murdered, and the motive of special decrees of the people, scarcely belong to
the triumvirs was  nothing but a cold-blooded  this subject. (See Aesch. c. Timarch, 6, ed. Steph.)
thirst for vengeance.  Fortunately no more than  The term  7rpoeoeu'a is applied also to the time
these two cases of proscription occur in the history  which was allowed to a defendant for paying daof Rome. (Appian, B. C. iv. 5; Vell. Pat. ii. 66; mages, after the expiration of which, if he had not
Suet. Aug/. 27; Liv. Epit. lib. 120.)   [L. S.]    paid them, he was called inrsepi7mspos, Vbrepwrpe0'erPROSTAS.  [Donuus, p. 425, b.]                  teos, or EcrsrpdeS'o0s. (Meier, Alt. Proc. pp. 636,
PRO'STATES (7rpoeTdrTs).  [LIBERTUS, p. 746.)                                       [C. R. K.]
705, a; METOECI.]                                    PRO'TIHYRON.  [AITHOUSA; DOMeus,  p.
PRO'STATES TOU DEMOU (7rposTrdT?'s To0  424, b; JANUA, p. 627, a.]
(ljuov), a leader of the people, denoted at Athens    PROTRYGAEA (TrpoTrpiyalm), a festival ccleand in other democratical states, a person who by  brated in honour of Dionysus, surnamed Protryges,
his character and eloquence placed himself at the  and of Poseidon.  (Hesych. s. v.; Aelian. V. I.
head of the people, and whose opinion had the  iii. 41.)  The origin and mode of celebration of
greatest sway amongst them  (Plato, Rep. viii.  this festival at Tyre are described by Achilles
p. 565. c.): such was Pericles.  It appears, how- Tatius (ii. init.).                      [L. S.]
ever, that 7rpprcTa7s rS TOO 8AIoUo  was also the title    PROVI'NCIA.  The original meaning of this
of a public officer in those Dorian states in which  word seems to be " a duty " or s" matter entrusted
the government was democratical.  Thus we read  to a person," as we see in various passages.  The
of a 7rposTra7 TORs   o 87ipoU at Corcyla,(Thuc. iii. 70), word is an abbreviated form  of Providentia, as
at Syracuse (Thuc. vi. 35), at Elis (Xen. Hell. Hugo has suggested.  All other proposed delriaiii. 2. ~ 27), at Mantineia (Xen. Hell. v. 2. ~ 3), tions ought to be rejected.  In the Medicean MnIS.
and at other places. (MUller, Doe. iii. 9. ~ 1; of Livy (xxi. 17), the word is written Provintia,
Wachsmuth, Hlell. Altertdsznsk. vol. i. p. 819, 2d  and also in  Ulpian, Frayg. xi. 20, ed. Bdcking.
ed.; Arnold, adl Tluc. vi. 35; G. C. Miiller, de That the word originally had not the signification
Comreyr. Rep. p. 49; K. F. Hermann, Ler1loech, &c. of a territory merely appears from such expressions
~ 69. n. 3, 4.)                                    as Urbana Provincia (Liv. xxxi. 6); and the exPROSTIME'MA  (Wrpoe'rIpja).  [TMEMAA.]  pression Urbana Provincia was still used, after
PROSTOON.  [Doaius, p. 425, a.]                  the term  Provincia was used to express a terPROSTY'LOS.  [TEmPLUvM.]                        ritory beyond Italy which had a regular orgaPROTELEIA  GAMON  (wrpor~eAema ypce'O). nization and was under Roman administration.
[MAIATRIMONIUM, p. 737, a.]                        This is the ordinary sense of the word, that of a
PRO'THESIS (7rpd0eGls). [FNvUS, p. 555, a.] foreign territory in a certain relation of subordinlaPROTHE'SMIA (7rpoeo-EiLa), the term limited  tion to Rome. But the word was also used, before
for bringing actions and prosecutions at Athens. the establishment of any provincial governments,
In all systems of jurisprudence some limitation of to denote a district or enemy's country which was
this sort has been prescribed, for the sake of quiet- assigned to a general as the field of his operations.
ing possession, and  affording  security  against    The Roman State in its complete development
vexatious litigation.  The Athenian  expression  consisted of two parts with a distinct organization,
7rpoOeoieas   epLo'P  corresponds to our statute of Italia and the Provinciae.  There were no Protimzitations.  The time for commencing actions to  vimnciae in this sense of the word till the Romans
recover debts, or compensation for injuries, ap- had extended their conquests beyond Italy; and
pears to have been limited to five years at Athens. Sicily (Cic. Verr. ii. 2) was the first country that
Tons UMmIoMvpIE'ots!06  oAwv Ta- 7rE'rTe  Tr?' ibcamvbv  was made a Roman Province, B. c. 241; Sardinia?oiYa'er''eJvat  elor'pdeao0ai.  (Demosth.  pro  was made a Province n. c. 235.  The Ronman proPhornm. 952, c. Nausion. 989; Harpoc. s. v. lBpo- vince of Gallia Ulterior in the time of Caesar was
de-plieta  v'yeos.)  Inheritance causes stood on a  sometimes designated simply by the term Provincia
peculiar footing.  When an estate had been ad-  (Caesar, Bell. Gall. i. ], 7, &c.)
judged to a party, he was still liable to an action    A  conquered country received  its  provincial
at the suit of a new claimant for the whole period  organization either from  the Roman comniannder,
of his. life; and his heir for five years after- whose acts required the approval of the Senate;
wards.  This arose from the anxiety of the Athe- or the government was organized by the comniaans to transmit inheritance in the regular line  mriammder and a body of commissioners appointed by
of succession.  [1HERES (GRIaic).]  The liability  the Senate out of their own number. (Plutarch,
of bail continued only for a year (Eyymat Elr'ETEmto   Luzcull. 35, 36.)  The mode of dealing with a con71erai), and of course no proceeding could be taken  quered country was not uniform. W~hen constituted
against them  after the expiration of the year. a Provincia, it did not become to all purposes an
(Demosth. c. Apatzur. 901.) It is doubtful whether integral part of the Roman State; it retained its
any period was prescribed for bringing criminal pro- national existence, though it lost its sovereignty.
secutions, at least for offences of the more serious  The organization of Sicily was completed by P.
kind, though of course there would be an indis. Rupilius with the aid of ten legates, and his conposition in the jury to convict, if a long time had  stitution is sometimes referred to under the namle
elapsed since the offence was committed. (Lys; c. of Leges Rupiliae.  The island was formed into
Shinon. 98, crepti roO. -KqcoO, 109, c. Agor. 137, two districts, with Syracusae for the chief town of
ed. Steph.)  Certain cases, however, must be ex- the eastern and Lilybaeum of the western district:
cepted.  The y)paqb7 7rapaeadput   could  only be  the whole island was adminmistered by a govero:r




PROVINCIA.                                         PIRO1VINCIA.                 9G65
annually sent from  Rome.  He was assisted by  and maintain soldiers and sailors for the service of
two Quaestors and was accompanied by a train of  Rome, and to pay tributuill for the carrying on of
praecones, scribae, haruspices, and other persons,  wars.  The governor could take provisions for the
who formed his Cohors.  The Quaestors received  use of himself and his cohors on condition of payfiom the Roman aerarium  the necessary sums for  ing for them.  The Roman State had also the
the administration of the island, and they also col-  Portoria which were let to farm  to Romans at
lected the taxes, except those which were let by  Rome.
the Censors at Rome.  One quaestor resided at    The governor had complete Jurisdictio in the
Lilybaeum, and the other with the governor or  island with the Imperilum and Potestas. Ile could
Praetor at Syracusae. The governor could dismiss  delegate these powers to his quaestors, but there
the quaestors from the province, if they did not  was always an appeal to him, and for this and
conform to his orders, and could appoint Legati to  other purposes he made circuits through the difdo their duties. The whole island was not treated  ferent Conventus.
exactly in the same way.  Seventeen conquered         Such was the organization of Sicilia as a protowns forfeited their land, which was restored  vince, which may be taken as a sample of the
on condition of the payment of the decimae and  general character of Roman provincial government.
the scriptura.  But this restoration must not be  Sicily obtained the Latinitas from C. Julius Caesar,
understood as meaning that the ownership of the  and the Civitas was given after his death (Cic. ad
land was restored, for the Roman State became the  Att. xiv. 12); but notwithstanding this there reowner of the land, and the occupiers had at most mained some important distinctions between Sicily
a Possessio.  These taxes or dues were let to farm   and Italy.  The chief authority for this account of
by the censors at Rome.  Three cities, Messana,  the Provincial organization of Sicily is the Verrine
Tauromeniumn  and Netum, were made Foederatae  orations of Cicero.
Civitates and retained their land.  [FOEDaERATAE      IIispania was formed into two Provinces, Citerior
CIVITATES.] Five other cities, among which were  or Tarraconensis between the Iberus and the
Panormns and Segesta, were Liberae et Immunes,  Pyrenees, and Ulterior or Baetica south of the
that is, they paid no decimae; but it does not ap-  Iberus.  Ilispania Citerior was divided into seven
pear whether they were free- from the burdens to  Conventus, —Carthaginiensis, Tarraconensis, Caewhich the Foederatae Civitates as such were sub-  saraugustanus, Cluniensis, Asturum, Lucensis, alsd
ject by virtue of their Foedus with Rome. Before  Bracarunm.  The diversity of the condition of tile
the Roman conquest of Sicily, the island had been  several parts of the Province appears from  the
subject to a payment of the tenth of awine,'oil, and  enumeration of Coloniae, Oppida Civium  Romnaother products, the collecting of which had been  norum, Latini veteres, Foederati, Oppida stipendetermined with great precision by a law  or re-  diaria.  Ilispania Baetica was divided into four
gulation of King Hiero  (Lex Ilierozaicac).  The  Juridici  conventus,-  Gaditanus,  Cordubensis,
regulations of Hiero were preserved and these  Astigitanus, Hispalcnsis.  The oppida consisted of
tenths were let to farm by the Quaestors in Sicily  Coloniae, Municipia, Latio antiquitus donata, which
to Sicilians and Romans settled in Sicily: the  appear to be equivalent to Latini veteres, Libera,
tenths of the first-mentioned towns were let to  Foederata, Stipendiaria. (Plin. H.N.iii. 1,3.) The
farm to Romans in Rome.  The towns which paid  Provincia of Lusitania was divided into three Conthe tenths were called by the general name of ventus, -  Emeritensis, Pacensis, and Scalobitanlus.
Stipendiariae.                                     The classes of Oppida enumerated are Coloniae,
For the administration of justice the island was  Mtunicipia Civium RomanorumOppida Latii antiqui
divided into Fora or Conventus, which were terri-  or veteris, Stipendiaria. (Plin. H. N. iv. 22.) This
torial divisions.  Sicilians who belonged to the  example -will give some idea of the Roman mode
same town had their disputes settled according to  of administering a provinice for judicial purposes.
its laws; citizens of different towns had their dis-  All Hispania received the Latinitas from Vespasiall.
putes decided by judices appointed by the go-  (Plin. H..Nii.3.)  The provincepaid a fixedvectivernor; in case of disputes between an individual  gal or land-tax in addition to the tributum which
and a community, the Senate of any Sicilian town  was collected by Praefecti, and in addition to being'
might act as judices, if the parties did not choose  required to deliver a certain quantity of corn. And
to have as judices the Senate of their own towns;  the Praetor had originally the right to purchase a
if a Roman citizen sued a Sicilian, a Sicilian was  twentieth part at what price he pleased. (Liv. xliii,
judex; if a Sicilian sued a Roman citizen, a Ro-  2; compare Tacit. Agric. 19; and Cic. iii Ver.
man was judex; but no person belonging to the  iii. 81, de aestizsatosfs iluento.)
Cohors of a Praetor could be judex.  These were    This organization was not confined to the Westernl
the provisions of the Rupiliae Leges.  Disputes  Provinces.  In Asia, for instance, there was a
between the lessees of the tenths and the Aratores  Smyrnacus Conventus which was frequented by
were decided according to the rules of Hiero. (Cic. a great part of Aeolia; the term  conventus was
Verr. ii. 13.)  The settlement of the Municipal applied both to the territorial division made for
constitution of the towns was generally left to the  the administration of justice and also to the chief
citizens; but in some instances, as in the case of city or place "in quem conveniebanlt."  Ephesus
C. Claudius Marcellus and the town of Alesa, a  gave name to another Conventus.  As the Conconstitution was given by some Roman at the re-  ventus were mainly formed for judicial purposes,
quest, as it appears, of the town.  The Senate and  the term Jurisdictio is sometimas used as an equlithe People still continued as the component parts  valent.  Thus Pliiy (H. N. v. 29) speaks of the
of the old Greek cities.  Cicero mentions a body  Sardiana Jurisdictio, which is the same as Sarof 130 men called censors who were appointed to  dianus conventus.  The object of this division is
take the census of Sicily every five years, after  further shown by such phrases as "eodem disceptdle fashion of the Roman census (is l'rr. ii. tant foro," " Tarracone disceptant populi xliii."
L5i &e.)  The island was also bound to furnish       Strabo remarks (xiii. p. 629) that the boundaries
3Q 3




-966             PROVINCIA.                                         PROVINCIA.
of Phrygia, L ydia, Caria, and lMysia were con- jllrisdictio; and those who filled certain n magisfused, and that the Romans had added to the  tratus in these towns thereby obtained the Romnan
confusion, by not attending to the subsisting na-  Civitas.  (Strabo, p. 186, Casaub.)  It is not
tional divisions, but making the administrative  easy to state what was the precise condition of the
divisions different (r-as 8OLuKcsCeLS), in which are  Coloniae Romanae and Latinae which were estathe Fora (&?ydpas MS.) and the administration of blished in the Provinces: if the name is a certain
justice.  The word i&y7pa probably represents Con-  indication of their political condition, that is pretty
ventus (as to the reading, see Casaubon's note).  well ascertained.
The Conventus, it appears, were sometimes held    It has been stated that the terms Italia and
(conventus acti) in the winter (Caesar, Bell. Gall.  Provinciae are opposed to one another as the comi. 54, vi. 44); but in Caesar's case this might be a  ponent parts of the Roman State, after it had rematter of convenience.  Cicero proposed to do the  ceived its complete developement. Under the Emsame in his province (ad Att. v. 14).  The ex-  perors wve find Gallia Cisalpina or Citerior an inpression "forum  agere" is equivalent to "con-  tegral part of Italy and without a governor, the
ventum agere."  (Praetor Romanus conventus agit,  Provincial organization having entirely disappeared
Liv. xxxi. 29.)                                    there.  In the year B. c. 49 when Caesar crossed
The Conventus were attended by the Romans  the Rubicon on his march towards Rome, it was a
who were resident in the province, among whom   Province of which he was Proconsul, a circumstance
were the publicani, and generally by all persons  which gives a distinct meaning to this event.
who had any business to settle there.  The judices  Cicero still calls it Provincia Gallia at the epoch
for the decision of suits were chosen from the per-  of the battle of Mutina.  In the autumn of B. c.
sons who attended  the conventus.  Other acts  43 D. Brutus the Proconsul of the Provincia
were also done there, which were not matters of Gallia was murdered, and from that tinme we hear
litigation but which required certain forms in order of no more Proconsuls of this Province, and it is a
to be legal.  In the case of manumission by per- reasonable conjecture that those who then had all
sons under thirty years of age certain forms were  the political power were unwilling to allow any
required by the Lex Aelia Sentia, and in the pro- person to have the command of an army in a disvinces it was effected on the last day of the Con- trict so near to Rome.  The name Italia was howventus (Gaius, i. 20); from which it appears that ever applied to this part of Italia before it became
Conventus means also the time during which busi- an integral portion of the Peninsula by ceasing to
ness was transacted at the place " in quem conve- be a Provincia. (Caesar, Bell. Gall. i. 54, v. 1, vi.
niebant."                                          44, &c.; Cic. Phil. v. 12.)  On the determination
The governor upon entering on his duties pub-  of the Provincial form  of government in Gallia
lished an edict, which was often framred upon the  Cisalpina, it was necessary to give to this part of
Edictum  Urbanum.  Cicero  when  Proconsul of Italy a new organization suited to the change of
Cilicia says that as to somle matters he framed an  circumstances, particularly as regarded the adminisedict of his own, and as to others he referred to  tration of justice, which was effected by the Lex
the Edicta Urbana.  (Acl Aft. vi. 1.)  Though  Rubria de Gallia Cisalpina.  The Proconsul of
the Romans did not formally introduce their law  Gallia Cisalpina had the Imperiumi, but on his
into the provinces, and so much of it as applied  functions ceasing, the Jurisdictio was placed in the
to land and the status of persons was inapplicable  hands of local magistrates who had not the Impeto Provincial land and Provincial persons, great rium.  These magistratus could give a judex;  in
changes were gradually introduced by the edictal some cases their jurisdiction was unlimited; in
power both as to the forms of procedure and all others it did not extend to cases above a certain
other matters to which the Roman Law was ap- amount of money; they could remit a novi operis
plicable; and also by special enactments. (Gaius, nuntiatio, require a Cautio in case of Damnumm Ini. 183, 185, iii. 122.)                            fectum, and if it was not given, they could grant
There was one great distinction between Italy  an action for damages.
and the Provinces as to the nature and property in    The Roman provinces up to the battle of Actilum
land.  Provincial land could not be an object of as enumerated by Sigonius are: Sicilia; Sardinia
Quiritarian ownership, and it was accordingly ap-.  et Corsica; Hispania Citerior et Ulterior; Ga!propriately called Possessio.  The ownership of lia Citerior;  Gallia Narbonensis et Coinata; I1Provincial land was either in the Populus or the  lyricum; Macedonia; Achaia; Asia; Cilicia;
Caesar: at least this was the doctrine in the time  Syria; Bithynia et Pontus; Cyprus;  Africa; Cyof Gaius (ii. 7).  Provincial land could be trans- renaica et Creta; Numidia;  Mauritania.  Those
ferred without the forms required in the case of of a subsequent date which were either new, or
Italian land, but it was subject to the payment of arose from  division are according  to Sigonius:
a land-tax (vectigal). Sometimes the Jus Italicurn  Rhaetia; Noricum; Pannonia; Moesia; Dacia 
was given to certain provincial towns, by which  Britannia; Mauritania Caesariensis and Tingitheir lands were assimilated to Italian land, for all tana; Aegyptus; Cappadocia;  Galatia;  Rhodus;
legal purposes. With the Jus Italicum such towns  Lycia; Commagene; Judaea; Arabia  M Iesoporeceived a free constitution like that of the towns  tamia; Armenia;  Assyria.  The accuracy of this
of Italy, with magistrates, as decemviri,  quin-  enumeration is not warranted.  It will appear that
quennales (censores) and aediles; and also a juris- it does not contain Lusitania, which is one of the
dictio.  It was a ground of complaint against Piso  two divisions of Hispania Ulterior, the other being
that he exercised jurisdictio in a Libera Civitas.  Baetica: Lusitania may however not have had a
(Cic. de Prov. Cons. 3.)  Towns possessing the  separate governor.  Originally the whole of Spain,
Jus Italicum  in Ijispania, Gallia and other coun-  so far as it was organized, was divided into the two
tries are enumerated.  The Latinitas or Jus Latii provinces Citerior and Ulterior; the division of
also, which was conferred on many provincial  Ulterior into Baetica and Lusitaniabelonged to a
towIns, appears to have carried witll it a certain  later period.  Under Augustus Gallia wlas divide-l




PROVINCIA.                                         PROVINSCIA.                 967
into four provinces: Narbonensis, Celtica or Lug-  tanl expenses were provided for out of the Aecrariurm.
dlunensis, Belgica, and Aquitanlia.  The Provincia  Augustus first attached pay to the office of proof Caesar's Commentaries, from  which term  the  vincial governor. (Dion Cassius, liii. 15; Sueton.
modern name Provence is derived, appears to have  August. 36.)
corresponded to the subsequent province Narbo-    The governor of a province had originally to acnensis.  He had also the Province of Gallia Cis- count at Rome (ad urblem) for his administration
alpina, or Citerior (Caesar, Bell. Gall. i. 54) which, from  his own books and those of his Quaestors;
as already explained, was subsequently incorpo- but after the passing of a Lex Julia B.C. 61, he
rated with Italia as an integral part of it.  Cicero  was bound to deposit two copies of his accounts
speaks of the two Galliae, as then united in one  (rationes) in the two chief cities of his province
Imperium  under C. Julius Caesar, and he further and to forward one (totidem verbis) to the Aerarium.
distinguishes them  by the names of Citerior and  (Cic. ad'cnam. ii. 17, v. 20, ad Attic. vi. 7.)  If
Ulterior. (De Prov. Cons. ii. 15, 16.)  The same  the governor misconducted himself in the adminisexpressions are used by Caesar in his Commen- tration of the province, the provincials applied to
taries. (Bell. Gall. i. 7, v. 1, 2.)               the Roman Senate, and to the powerful Romans
Strabo (xvii. p. 840, Casaub.) gives the division  who were their Patroni.  The offences of Repe.
into Provinces (earpXLas) as constituted by Augus- tundae and Peculatus were the usual grounds of
tus. The provinces of the Populus (8iuos) were two  complaint by the provincials; and if a governor
consular provinces (67rassucat), and ten praetorian  had betrayed the interests of the State, he was
provinces (orpaTryo'aL).  The rest of the eparchies, also liable to the penalties attached to Majestas.
he says, belong to the Caesar.  Lusitania is not Quaesticnes were established for inquiries into
enumerated among the eparchies of the Populuts, these offences  yet it was not always an easy
and if it was a distinct eparchy, it must have be- matter to bring a guilty governor to the punishlonged to the Caesar according to the principle of ment that he deserved.
the division of the provinces, as stated by Strabo.    With the establishment of the Imperial power
The list of provinces in the " Demonstratio Pro- under Augustus, a considerable change was made
vinciarum" (l/ythlog. Vat. Bode) mentions the  in the administration of the provinces.  Augustus
Province of Asturia et Galloeca Lusitania.  Dion  took the charge of the provinces where a large
Cassius (liii. 12) states the distribution  of the  military force wvas required; the rest were left to
Provinces by Augustus as follows: the Provinces the care of the Senate and the Roman people.
of Africa, Numidia, Asia, Hellas (Achaea) with  (Strabo, xvii. p. 840.)  Accordingly we find in
Epirus, Dalmatia, Macedonia, Sicilia, Creta with  the older jurists (Gaius, ii. 21) the division of
the Cyrenaica, Bithynia with the adjacent Pontus, provinciae into those which were "propriae Populi
Sardinia, and Baetica belonged to the Senate and  Romani," and those which were' propriae Caethe people (aijjos and yFpouvoa).  Tarraconensis, saris," and this division with some modifications
Lusitania, all Gallia, Coele Syria, Phoenice, Cilicia, continued to the third century.  The Senatorian
Cyprus, and Aegyptus, belonged to Augustus. He  provinces were distributed among consulares and
afterwards took Dalmatia from  the Senate, and  those who had filled the office of Praetor, two progave to them Cyprus and Gallia Narbonensis, and  vinces being given to the consulares and the rest to
other changes were made subsequently.              the Praetorii: these governors were called ProAt first Praetors were appointed as governors of consules, or Praesides, which latter is the usual
provinces, but afterwards they wvere appointed to  term  employed by the old jurists for a provincial
the government of provinces, upon the expiration  governor.  The Praesides had the jurisdictio of
of their year of office at Rome, and with the title  the Praetor Urbanus and the Praetor Pes grinus 
of Propraetores.  In the later times of the re- and their Quaestors had the same jurisdiction that
public, the consuls also, after the expiration of their the Curule Aediles had at Rome.  (Gaius, i. 6.)
year of office, received the government of a province  The Imperial provinces were governed by Legati
with the title of Proconsules: such provinces were  Caesaris with Praetorian power, the Proconsular
called Consulares.  Cicero was Proconsul of Cilicia power being in the Caesar himself, and the Legati
B. C. 55, and his colleague in the consulship, C. being his deputies and representatives.  The Legati
Antonius, obtained the proconsulship of Macedonia  were selected from those who had been consuls or
immediately on the expiration of his consular office. praetors, or from  the Senators.  They held their
The provinces were generally distributed by lot, office and their power at the pleasure of the Embut the distribution wavas sometimes arranged by  peror; and he delegated to them  both military
agreement among the persons entitled to them. command and jurisdictio, just as a Proconsul in
By a Sempronia Lex the proconsular provinces the Republican period delegated these powers to
were annually determined before the election of his Legati.  These Legati had also Legati under
the consuls, the object of which was to prevent all them.  No quaestors were sent to the provinces of
disputes.  A  Senatusconsultum  of the year 55  the Caesar, and for this reason observes Gaius, tlis
B. C., provided that no consul or praetor should  edict (boc edictusm7) is not published in those prohave a province till after the expiration of five vinces, by which he appears, from the context, to
years from the time of his consulship or praetor- mean the edict of the Curule Aediles.  In place
ship.  A province was generally held for a year, of the quaestors, there were Procuratores Caesaris,
but the time was often prolonged.  When a new  who were either Equites or freedmen of the Caesar.
governor arrived in his province, his predecessor Egypt was governed by an Eques with the title of
was required to leave it within thirty days.  A  Praefectus.  The Procuratores looked after the
Lex Julia passed in the time of C. Julius Caesar taxes, paid the troops, and generally were intrusted
limited the holding of a Praetoria Provincia to one  with the interests of the Fiscus.  Judaea, which
year, and a Consularis Provincia to two years. was apart of the province of Syria, was governed
(Dion Cassius, xliii. 25; Cic. Phil. i. 8, v. 3.) The  by a Procurator who had the powers of a Legatus.
governors of provinces had no pay as such, but cer- It appears that there were also Procuratores Cae3Q 4




9 6 3            PiiOVINCIA.                                        I'P l Or IN CIA.
saris in tile Senatorian provinces, who collected  does not appear that the religion of the provincial~s
certain dues of the Fiscus, which were independent  was ever interfered with, nor had it been put ulnder
of what was due to the Aerarium.  The regular  any restraint in the Republican period.
taxes, as in the Republican period, were the poll-    The constitution of Caracalla, which gave the
tax and land-tax.  The taxation was founded on  Civitas to all the provinces and towns of the Empire,
a census of persons and property, which was esta-  merely affected the personal status of the people.
blished by Augustus.  The Portoria and other dues  The land remained Prosincial land, when the Jus
were farmed by the Publicani, as in the Repub-  Italicum had not been communicated to it. and the
lican period.                                      cities which had not received the Jus Italicum,
The governors of the Senatorial provinces and  were immediately under the Jurisdictio  of the
the legati of the Caesar received their instructions  governors.  This constitution however must have
from him, and in all cases not thus provided for  made considerable changes in the condition of the
they had to apply to the Caesar for special direc-  provincials, for when they all became Roman cititions.  The Rescripta of the Emperors to the pro-  zens, the Roman incidents of marriage, such as the
vincial governors are numerous.  Justice wvas ad-  Patria Potestas, and the Roman Law of succession
ministered in the provinces according to the laws  in case of intestacy would seem to be inseparable
of the Provinces, and such Roman   laws as were  consequents of this change, at least so far as the
specially enacted for them, and according to ILu-  want of the Jus Italicumn did not render it inperial Constitutiones, Senatmisconsulta and  the  applicable.
Edict of the governors.  In some instances the       The constitution of the provincial towns was
provisions of Roman laws were extended to the  materially affected by the establishment of Deprovinces. (Gaius, i. 47  iUlp. F;'rey. xi. 20.)   fensores, whose complete title is " Defensores CiviThe organization of the Italian towns under the  tatis Plebis Loci."  Until about the time of ConEmpire has been already explained in the article  stantine, so far as the Pandect shows, Defellsor
COLONsIA; and the same observations apply in  was the title of persons who were merely emngeneral to the Senates of Provincial towns which  ployed in certain municipal matters of a temporary
have been made with respect to the functions of kind.  In the year A. D. 365, the Defensores apthe Senates of Italian towns.  Even in the pro- pear as regularly established functionaries.  (Cod.
vinces the nIames Senate and Senator occur in the  1. tit..55. De Definsoribzss.)  They were elected
sense respectively of Curia and Dec uriones,  But  by the Decuriones and all the city; but, inlike
there was a great distinction between the Magis- the magistratus, they could not be elected out of
tratus of Provincial and those of Italian towns. the body of Decuriones.  The office was originally
The functions of these personages in the Provincial  for five years, but after the time of Justinian oiily
towns were generally Munera (burdens) and not for two years.  The principal business of the DeHonores.  [HONORnES.]  Such Honores as have  fensor was to protect his town against the op-.
reference to religious functions they certainly had,  pression of the Governor.  (Cod. 1. tit. 55. s. 4.)
and probably others also; but they had nothing  He  aed a limited Jurisdictio  in civil matters,
corresponding to the Duumviri Juri dicundo of the  which Justinian extended from  matters to the
Italian towns, that is, no functionary "'qui jus  amount of 60 solidi to lmatters to the amount of
dicebat."  The only exception were such towns  300 solidi.  There was an appeal from him to the
as had received the Jus Italicumn, the effect of Governor.  (Nov. 15. c. 5.)  He could not impose
which, as elsewhere explained, appears to have  a Multa; but he could appoint a Tutor.  In cribeen, in brief, to give to a certain city and district mninal matters, he had only Jurisdictio in some of
the same character that it woulld have had, if the less important cases.
it had been a part of the Italic soil-; but only so    The number of Senators both in the Italic and
far as affected the whole district; it did not affect provincial towns seems to have been generally one
the status of individuals.  Freedom from the land-  hundred; and this was the number in Capua. (Cic.
tax, and a free constitution in Italian form, with  in Rtll. ii. 35.) But the nimber was not in all places
Duumviri J. D., Quinquennales, Aediles, and Juris-  the same.  Besides the actual ilmenlbers, the Album
dictio were essential ingredients of this Jus Italicum, Dec-lrionurn comprised others who wrere merely
Sicily received the Civitas after the death of C. honorary members.  The Album of the town of
Julius Caesar, and fromi the occurrence of the men-  Canusium, of the year A. D. 2023, which has been
tion of Duumviri in the inscriptions of a Sicilian  preserved, consists of 148 members, of whom 30
town, Savigny draws the probable inference that  were Patroni, Roman Senators, anmld 2 were Patroni,
the Sicilian towns received the Jus Italicum also:  Roman Equites; the remainder were 7 quiniquenat least if inl any case, we can show that any pro- nalicii, a term  which is easily explained by revincial city had Duumviri, we may conclude that ferring to the meaning of the term Qiuinqusenutlales
such city had the Jus Italicum  and consequently  [CoLoNIA],  4 allecti inter quinquennales, 22 duumMagistratus with Jurisdictio.  The regular Juris-  viralicii,  19 nedilicii, 21 pedani, 34 praetextati.
dictio in all the provinces was vested in the governor,  The distinction between Pedauni and Praetextati
who exercised it personally and by his legati:  Savigny professes himself unable to explain.  In
with reference to his circuits in the provincia the  many towns the first persons in the list of actual
governor in thelater ages of the Empire -was called  senators wvere distilnguished fiom the rest, alnd
Judex Ordinarius and sometimes simply Judex.  generally the first Ten, as Decemnprimi;  of which
The towns which had the Jns Italicumn were, as  there is an example in Livy (xxix. 15. magistratus
already observed, not under his immediate Juris-  denosque principes); and in the case of Ameria,
dictio; though a right of appeal to the governor  and of Centuripae in Sicily (Cic. pmro. Ros. Anmer.
from the judgment of the Dimmviri must be con- c. 9, Io Vee1'rem2, ii. 67).
sidered as always existing.  The provincial towns    It has been previously shown that at the tinme
had the management of their own revenue; and v when the Itomaln Rlspubllica had attained its comsome of the principal towns could coin money.  It p!lete developements, Italia and the Provinciae were




PROVIN CIA                                         P    VNCIA.  P1OVINCIA.     969
the two great component parts of the Empire; and  for the magistratus to decide various cases without
one great distinction between them was this, that the aid of a Judex, and these are the Extraordiin Italia the towns had mLagistratus with Juris-  nariae Cognitiones spoken of in the Digest (50.
dictio; in the provinces, except in places which  tit. 13). In the reign of Diocletian the Ordo Judihad received the Jus Italicum, the governor alone  ciorulm, as a general rule, was abolished in the prohad Jurisdictio. But with the growth and develope- vinces and the pedanei judices (hoc est qui negotia
ment of the Imperial power, a greater uniformity  humiliora disceptent) were only appointed by the
was introduced into the administration of all parts  praeses when he was very much occupied with
of the Empire; and ultimately Italy itself was business, or for some trifling matters [JuDnx
under a Provincial form of government. [COLO- PEDANEUS]; (Cod. 3. tit. 3. s. 2); and in the
NIA.] As above shown, the relation of the Governor time of Justinian the institution had entirely disto the province was not the same, when a city had  appeared (Inst. 4. tit. 15. s. 8), and, as it is conmagistratus, and when it had not; and consequently  jectured, both in Rome and the Municipia.
it was in this respect not the same in Italy as in the    By the aid of the Judices, two Praetors were
Provinces.                                         able to conduct the whole judicial business between
The constitution of Constantine was based on a  citizens and Peregrini at Rome; and by the aid
complete separation of the Civil and Military  of the same institution, the judicial business was
power, which were essentially united in the old  conducted in the Jurisdictiones out of Rome.  In
system  of provincial government: Justinian how- no other way is it conceivable how the work could
ever ultimately re-united the civil and military  have been got through.  But when the Ordo
power in the same person.  The governor who had  Judiciorum  was abolished, the difficulty of transCivil power was called Rector, Judex, Judex Ordi- acting the business must have been apparent. How
norins; and of these governors there were three  this was managed, is explained by Savigny, by reclasses, Consulares, Correctores, Praesides, among  ferring to the growth of another institution.  Even
whom the only distinction was in the extent and  in the time of the Republic, the Praetors had their
ralnk of their government.  In the writings of the  legal advisers, especially if they were not jurists
older jurists, which are excerpted in the Pandect, themselves; and when all the power became conthe Praescs is a general name for a Provincial centrated in the Caesars, they were soon obliged
governor. (Dig. 8. tit. 18.)  The military power to form a kind of college, for the dispatch of busiwas given to Duces who were under the general ness of various kinds and particularly judicial
superintendence of the Magistri Militum.  Some  matters which were referred to the Caesar.  This
of these Duces were called Comites, which was  college was the Caesar's Consistoriumn or Auditooriginally a title of rank given to various function- rium.  The Proovincial governors had their body of
aries and among  them  to the Duces; ald when  assessors, which were like the Caesar's Auditothe title of Comes was regularly given to certain  rium (Dig. 1. tit. 22); and it is a conjecture of
Duces, who had important commands, the name  Savigny, which has the highest probability in its
Dux was dropped, and Comes became a title. This  favour, that the new institution was established in
was more particularly the case with important the municipal towns and in the provincial towns,
commands oil the frontier. (Cod. Theod. 7. tit. 1. so that here also the magistratus and the Defensor
s. 9.)  The Comes is mentioned in Imperial Con- had their assessors.
stitutions before the Dux, whence we infer his    Besides the Jurisdictio, which had reference to
higher ralnk. (Cod. Theod. 8. tit. 7. s. 11. Ad  Litigation, the so-called Conlentiosa Jurisdictio,
szagistros m2ilitt2, et coiites, et dslces oinzes.)  there was the Voluntaria.  Matters belonging to
It remains to add a few remarks on the exercise  this Jurisdictio, as Manumission, Adoption, Emanof the Jurisdictio, so far as they have not been  cipation, could onlybe transacted before the Magisanticipated in speaking of the functionaries them- tratus Populi Romani, alid, unless these powers
selves.  In Italy, and in the towns which had the  were specially given to them, the Municipal Magisprivileges of Italian towns, all matters as a general trates had no authority to give the legal sanction
rule came before the magistratus in the first in- to such proceedings; though in the old Musluicipia
stance; but in certain excepted matters, and in  it is probable that the power of the magistratus
cases where the amount in question was above a  was as little limited in the Volllntaria as in the
certain sum  (the precise amount of which is not Contentiosa Jurisdictio.  In the Imperial period it
known), the matter catme before the governor of the  was usual to perform nlany acts before the public
province in the first instance, or in Italy before the  authorities, and- in the three cases of large Gifts,
Romani Practor.  Until the nmiddle of the fourth  the making of a Will, and the Opening of a Will,
century A. D. all matters in the Provincial towns, it was necessary for these acts to be done before
whllicl had not magistratus, came before the governor a public authority.  Such acts could be done before
in the first instance; but about this time the De-  a provincial governor; and also before the Curia
fensor acquired a power, like that of the magis-  of a city in the presence of a M1agistratus and
tratus of the privileged towns, though more limited. other persons. (Compare the Constitution of IHono -
The old form  of proceeding in civil matters has  riss, Cod. Theod. 12. tit. 1. s. 151, and a Novel o'
been explained elsewhere [JUDEx]: the niagis- Valentinian, Nov. Theod. tit. 23, with Savigny's
tratus empowered the Jutdex to nmake a condemn- remarks on them.)
inatio; and this institution was the Ordo Jcldi.-  Though the general administration of the Roman
ciorum Privatorum.  That which the manistratus  provinces is adequately understood, there are difdid without the aid of a Judex was Extra Ordi-  ferences of opinion as to some matters of detail 
nenl. [INTERD1mCTU-si.] The same institution pro-  one cause of which lies in the differences which
vailed in those townils which had a magistratus, for actually existed in the administration of the proit was of the essence of a Magistratus or of Juris- vinces and which had their origin in the different
dictio to name a Jtldex. (Lex Ccall. Cisalp. c. 20.)  circumstances of their conquest and acquisition,
Under the cnmperors, it gradually became common j and in the diversity of the native customary law iin




970            PRYTANETON.                                          PSEPIHISMA.
the different provinces, with a large part of which  is found in the case of the daughters of Aristeides,
the Romans originally did not interfere. A general who on the death of their father were considered
view of the Provinces should therefore be completed  as the adopted children of the state, and married
acind corrected by a view of the several provinces.   from (E'icoOEsa-o) that common home of the city,
The authorities for this view of the Provincial just as they would have been from their father's
government have been generally referred to. They  home had he been alive.  (Plut. Arist. c. 27.)
are, more particularly, Sigonius, De Antique Jure  Moreover, from  the ever-burning fire of the PryProvinciarum, Lib. i.-iii.; Goettling, Gesc/icchte  taneium, or home of a mother state, was carried
der R62nischen Staatsveesfassung; Walter, Gesc/hic/hte  the sacred fire which was to be kept burning in
des Rtmiscllen Rechts, where the authorities are  the prytaneia of her colonies; and if it happened
very conveniently collected  and arranged, and  that this was ever extinguished, the flame was
chap. xxxi. Notes 76, 79, wherein he differs from  rekindled from the prytaileium of the parent city.
Savigny as to the Jus Italicum; in chapter xxxvii.  (Duker, ad Thtucyd. i. 24.)  Lastly, a Prytaneium
Walter has described the provincial divisions of wasalso a distinguishing mark of an independent
the Empire, which existed about the middle of the  state, and is mentioned as such by Thucydides (ii.
fifth century A. D.; Savigny, Geschichte  des R'mz.  15), who informs us that before the time of
R. im Mittelalter, vol. i.; Puchta, Ueber den Inhalt Theseus, every city or state (roXlts) of Attica posder Lex Rzubria, Zeitschrift, &c., vol. x.   [G. L.]  sessed a pry taneium.   The Achaeans, we are told
PROVOCA'TIO.  [APPELLATIO, p. 107, a.]  (Herod. vii. 197), called their prytaneium xi7-rov
PROVOCATO'RES. [GLADIATORES, p. 575,  (from  Xets, populus), or the "town-hall," and
b.] exclusion from it seems to have been a sort of civil
PROXENTIA,   PRO'XENUS    (7rpo~SEVa,  excommunication.
rpEVeos). [HOSPITIUTB.]                              The Prytaneium  of Athens lay  under the
PRUDENTES.  [JuRIsCONSuTLTI.]                    Acropolis on its northern side (near the &yopd),
PRYTANEIUM  (7rpurTave7o). The 7rpvrave-a  and was, as its name denotes, originally the place
of the ancient Greek states and cities were to the  of assembly of the lIpVreavEs: in the earliest times
communities living  around  them, the common  it probably stood on the Acropolis.  Officers called
houses of which they in some measure represented,  Ilpu'aves were entrusted with  the chief magi.what private houses were to the families which  tracy in several states of Greece, as Corcyra,
occupied them.  Just as the house of each family  Corinth, Miletus, and the title is sometimes sywas its home, so was the 7rptraverov of every state  nonymous with aelAXE7s, or princes, having appa.or city the common home of its members or inha-  rently the same root as 7rprVos or 7rpoTaros.  At
bitants, and was consequently called the EiT[a  Athens they were in early times probably a ma4rdXEoS, the "focus" or "penetrale urbis." (Cic. gistracy of the second rank in the state (next to
de Leg. ii. 12; Liv. xli. 20; Dionys. ii. 23, 65.)  the Archon), acting as judges in -various cases
This correspondence between the 7rpurave7ov, or  (perhaps in conjunction with him), and sitting in
home of the city, and the private home of a man's  the Prytaneium.  That this was the case is renfamily, was at Athens very remarkable.  A  per-  dered probable by the fact, that even in aftertimles
petual fire or 7rip io-Ceo'r0o  was kept continually  the fees paid into court by plaintiff and defendant,
burning on the public altar of the city in the Pry-  before they could proceed to trial, and received by
taneium, just as in private houses a fire was kept the dicasts, were called 7rpvraVe7a.  (Pollux, vii).
up on the domestic altar in the inner court of the  38.)  This court of the Prytaneium, or the  i uerln
house. (Pollux, i. 7; Arnold, ad Thucyd. ii. 15.)  ripvTraeL'q,, is said (Pollux, viii. 120) to have been
The same custom  was observed at the Pry-  presided over by the piuXeoGaoAes, who perhaps
taneium of the Eleans, where a fire was kept burn-  were the same as the 7rpTraveis.
ing night and day. (Paus. v. 15. ~ 5.)  Moreover    In later ages, however, and after the establishthe city of Athens exercised in its Prytaneium the  ment of the courts of the Heliaea, the court of the
duties of hospitality, both to its own citizens and  Prytaneium had lost what is supposed to have been
strangers.  Thus foreign ambassadors were enter-  its original importance, and was made one of the
tained here, as well as Athenian envoys on their  courts of the Ephetae, who held there a species of
return home from  a successful or well conducted  mock trial over the instruments by which any indimission. (Aristoph. Atcharn. 125; Pollux, ix. 40.)  vidual had lost his life, as well as over persons who
Here, too, were entertained from  day to day the  had committed murder, and were not forthcoming
successive Prytanes or Presidents of the Senate, or detected.
together with those citizens who, whether from per-    The tablets or  toves otherwise IKSpsElm, on
sonal or ancestral services to the states, were  which Solon's laws were written (Plut.Sol. 25),
honoured with what was called the  irL7rtLs es  were also deposited in the Prytaneium  (Paus. i.
TIpv-raveLi, the " victus quotidianus in Prytaneo "  18. ~ 3); they were at first kept on the Acropolis,
(Cic. de Orat. i. 54), or the privilege of taking  probably in the old Prytaneiunm, but afterwards
their meals there at the public cost.  This was  removed to the Prytaneium  in the &yopd, that
granted sometimes for a limited period, some-  they might be open to public inspection.  (Pollux,
times for life, in which latter case the parties  viii. 128.) Ephialtes is said to have been the author
enjoying it were called &ei'01roe.  The custom   of this measure (Harpocrat. s. v.'O  rarcaeOezv eoios),
of conferring this honour on those who had been  but their removal may have been merely the coiiof signal service to the state and their descend-  sequence of the erection of a new Prytaneium on
ants, was of so great antiquity that one instance  the lower site in the time of Pericles.  (Thirlwall,
of it was referred to the times of Codrus; and  Hist. of Geece, vol. ii. p. 54.)       [R. W.]
in the case to which we allude the individual    PRYTANES  (7rpvTaCeYs).  [BouI,E, pp. 210,
thus hcnoured was a foreigner, a native of Delphi. 212; PRYTANEmU Ms.]
(Lycurg. c. Leocr. p. 158.) Another illustration of    PSEPHISMA  (Ecttl.  a).  [BOULE, pp. 210,
the uses to which the Prytaneium was dedicated, 211; NouaIOTIHErT'E.]




PSEPHUS.                               PSEUDENGRAPES GAPES GRAPE. 971
PSEP1HUI S  (4ijos).  The Athenian dicasts, reasonable party, that, unless he offered them some
in giving their verdict, voted by ballot.  For this better alternative, they should adopt the estimate
purpose they used either sea-shells, XoLpCvaL (Aris- of his adversary.  (As to this point, see Meier,
toph. yesp. 333, 34.9, Eq. 1332), or beans (hence Att. Proc. p. 181.)  The tablet is called bvy Aristothe iiJ,uos is called scuanosrpw'  by Aristophanes, phanes  sivdicIov'L,L/UrTdcV.   In the expression
Eq. 41), or balls of metal (7rdv3voXoL) or stone i,1a6V sT[ V  m/aicpdv, we understand ypangiljv or
(~iJ'pot). These last were the most common: hence rTlotuJlv (Vesp. 106, 167, 850).  See Pollux, viii.
~ob7 piCE-0ola and its various derivatives, are used so  16, 17, 123; Meier, Att. Proc. pp. 720, 726;
often to signify voting, determining, &c.  The balls Platner, Proc. uand Klag. vol. i. p. ]88; Wachswere either pierced  (Te'rpvir?7e'a' ) and whole muth, vol. ii. pt. i. p. 344.
(erArXpes), the former for condemnation, the latter    In the popular assemblies the common method
for acquittal (Aesch. c. Tinzarlc7. 11, ed. Steph.; of voting was by show of hands. [CHaEIROTONIA.]
Harpoc. s. e. Terpusr.7eE/'7,); or they were black  There were some occasions, however, when the
and white; for the same purposes, respectively, as ballot was employed; as where it was deemed imthe following lines show (Ovid.,Met. xv. 41): —   portant that the voting should be secret, or that
"c Mos erat antiquus niveis atrisque lapillis,  the numbers should be accurately counted.  Thus,
His daslnarc reos, illis absolvere culpa."   to pass a law for the naturalization of a foreigner,
or for the release of a state debtor, or for the restoThere might be three methods of voting.  First, ration of a disfranchised  citizen, and indeed inl
the  secret method, called KpS~S9jv tquifSBo'OanL, every case of a privilegiuZn, it was necessary that
when each dicast had two balls given him (say a six thousand persons should vote in the majority,
black and a white); two boxes (Kcoati, cKanio'Ktot, and in secret.  (Andoc. de Myst. 12, ed. Steph.;
or  l.(popes) were prepared, one of brass, called  Demosth. c. Timoc. 715, 719, c. Neaer. 1375.)
the judgment-box (Kscpsos), into which the dicast On the condemnation  of the ten generals who
put the ball by which he gave his vote, and the  gained the battle of Arginusae, the people voted
other of wood, called &icvpos, into which he put by ballot, but openly, according to the second of
the other ball, and the only object of which was the plans above mentioned.   The voting was then
to enable him to conceal his vote. Each box had a by tribes, tcacrao ovxAs. (Xen. Bfell. i. 7. ~ 9.)
neck or fennel (iCn~L,/d, i. e. Er6LOnIa  uAcs  Q7o1Pou Secret voting by the Senate of Five Hundred is
Xo&pasv eXos), into which a man could put his hand, menti6ned in Aeschines (c. Timanrcls. 5, ed. Steph.);
blt only one ball could pass through the lower part and in ostracism the voting was conducted in secret.
into the box. (Aristopli. IJesp. 99, 751.) Secondly, (Schlimann, De Comit. pp. 121-128, 245.)
there might be only one box, in which the dicast    The people or jury were said'i~eto'Oatl, rty ov
put which of the two balls lie pleased, and return- cipeIr  or rei0ai, to vote, or give their vote or
ed the other to the officer of the court.  Thirdly, judymZesnt.  T'jpo,  r'OE'van, to cast cccounts, is used
there might be two boxes, one for condemnation, with a different allusion. (Demosth.pro Coor. 304.)
the other for acquittal, aud only one ball. (Harpoc. The presiding magistrate or officer. who called on
s. v. Kaelowcos.)   The first method was most com- the people to give their votes, was said Ei[ri* ewqp[,lv
monly practised  at Athens.   Where, however, uifrov    Ead'yerv  or &ado'at, though the last expresthere were several parties before the court, as in  sion is also used in the sense of voting in.favour of
inheritance causes, to one of whom  an estate or a person.  Ytr/qIb[e0vo, to vote, to resolve, lLroother thing was to be adjudged, it was customary  *71+iicErda:, to ecquit, and other derivations from
to have as many ballot-boxes as there were parties, 47(pos, are often used metaphorically, where the
or at least parties in distinct interests; and the method of voting was XEspoTrovfa,  and conversely.
dicast put the white or whole ball into the box of XEIporoV'eYI, however, is not used, like 7r0iCE[vOat,
that person in whose favour he decided.  [HERE. s -with the accusative of the thing voted.  As to
(Gr. EE).]   The same system  of balloting was this see Schomann, de Conzitiis, p. 123. [C. R. K.]
employed when the dicasts voted on the question    PSEUDENGRAPHES    G RAPIl'E   (bevof damnages.  Hence the verdict on the question, ae7yypa)pS ypapqs).  It is shown under PRAC-.euilty or not guilty, orfor tlhe plaintiffior defendant TORES that the name of every state debtor at
(to distinguish it from the other), is called 7rpoS67r7  Athens was entered in a register by the practores,
(ipoTr. (Aesch. c. Cies. 82, ed. Steph.; Demosth. whose duty it was to collect the debts, and erase
de Fcads. Leg. 434, c. Az-istocr. 676, c. Asristog. 795, the namie of the party when he had paid it.  The
c. Neaer. 1347.)  A curious custom was in vogue entry was usually made upon a return by some
in the time of Aristophanes.  Each. dicast had a magistrate, to whom the incurring of the debt be-.
waxen tablet, on which, if the heavier penalty was came officially known; as, for instance, on a reawarded, he drew a long line (length way on the  turn by the wrwA2ivat, that such a person had
tablet); if the lighter penalty, he drew a short become a lessee of public lands, or farmer of
line (breadthway on the tablet).  We must sup. taxes, at such a rent or on such terms.  In case,
pose, not that the voting took place in this way, however, the authorities -neglected  to make the
but that, on the votes being counted, the jurors proper return, ally individual might, on his own
took a note of the result for their own satisfaction;  responsibility, give information to the registering
unless we resort to this hypothesis, viz. that the officers of the existence of the debt; and thereupon
drawing lines on the tablets was an act preliminary  the officers, if they thought proper, might mlake an
to the division, whereby the jury intimated to the  entry accordingly, though it would probably be
parties how the matter was  likely to go, unless their duty to make  some inquiry before so doing.
they came to  a compromise.  Such intimation  If they made a false entry, either wilfuilly, or -upon
mnight be necessary in those cases, where, the esti- tile suggestion of another person, the aggrieved
mates of the parties being widely different, the party might institute a prosecution against them,
onle proposing too high a penalty, the other too low  or against the person upon whose suggestion it was
a one, the jury Awished to inform  the more un- mlade.  Such prosecution was called ^YFpa(pI.K



972   PSEUDOCLETEIAS GRAPI- E.                                      PUB1LICAN i.
cey'ypacpzl. It would lie also, where a man was  repair.   Such action (it has been conjectured)
registered as debtor for more than was really due  might be a aisbc 0vCgoqavrlas, or perhaps icacorEXfrom him. And the reader must understand the like  vtLv. If the name of the witness had been frauduremedy to be open to one, who was falsely recorded  lently used by the plaintiff, and the witness had
as a debtor by the -ra/ieat rJv af&c,.  Whether  thereby been brought into trouble, we may conthis form  of proceeding could be adopted against elude, by analogy to the case of other witnesses,
magistrates for making a false return, or whether  that he had a outchm  3Xc~ls against the plaintiff.
the remedy against them  could only be at the  (Demosth. c. Aplzob. 849.)   The ypatj *euvsoEXrXLXpporoaeLC   or eVOiVal, we cannot say.  The  KXIrTfLas camle before the Thesmothetae, and the
ypaq)sl  esvaeyypacisi  was brought before  the  question at the trial simply was, whether the deThesmothetae.  If the defendant was convicted, fendant in the former cause had been summoned or
the name of the complainant was struck out of the  not.  (Platner, Proc. szcl  Klag. vol. i. p. 417;
register, and that of the defendant was entered in  Meier, Att. Proc. pp. 336, 577, 758.) [C. R. K.]
his stead, as debtor for the same amount.  The    PSEUDODI:PTEROS.  [TEMPLUM.]
7ypaspi 0sovXeVeEWs  was similar to this; only it lay    PSEUDOMARTYRION  GRAPHIE  (EV3sso.
in those cases where a man, who had been a state IapprvpTpv ypa~q?).  [MAeRTY'IA, p. 734, b.]
debtor, had paid all that was due, but his name    PSILI (tixoi).  [AMtA.]
was not erased, or having been erased, was re-    PSYCTER (u/Icr'p, dis. /ucr-qptipLov), a wineentered.  We may presume, that fraudulent or cooler.  (Plat. Consiv. p. 332, d; Tim. Lexa. Plat.
malicious motives were necessary to be proved on  s. v.; Menander, p. 177, ed. Meineke; Athen. xi.
such a charge; but it is reasonable also to suppose  pp. 469, 502, 503.)  The vessel specially adapted
tlhat in  any case of gross negligence, fiaud or for ibis operation, was sometimes made of bronze
malice might (as matter of course) be presumed by  (Athen. iv. p. 142) or silver (v. p. 199).  One of
the dicasts.  (Pollux, viii. 40, 43; Harpoc. and  earthenware is preserved in the Museum of AntiSuid. s. vv. BovXevsEcos, /evoeyypaqb'[, ~eusVy'- quities at Copenhagen.  It consists of one deep
ypaoos  ictcr/; Biickh, PuIbl. Econ. of Athenzs, pp. vessel for holding ice, which is fixed within anlother
349, 390, 2d ed.; Meier, Att. 1Proc. p. 337; for holding wine.  The wine was poured in at the
Platner,Proc. und Klar. vol. ii. p. I 1 7.) [C. R. K.]  top.  It thus surrounded the vessel of ice and was
PSEUDOCLETEIAS   GRAPHE    (jeRveo- cooled by the contact.  It was drawvn off so as to:.;rTELraS  ypaOq)), a prosecution against one, who  fill the drinking-cups by means of a cock at the
had appeared as a witness (tcmr-r1ip or sc'Tr,-cp) to  bottom.  Thus the,uVKcTp was a kind of CRATER 
prove that a defendant had been duly summoned, and accordingly, where Phylarchus (Cp. Athen. iv.
and thereby enabled the plaintiff to get a judgment p. 142) in describing the mode of life of Cleomencs,
by default.  To prevent fraud, the Athenian law  King of Sparta, uses the former term, Plutarch
directed that the names of the witnesses who at-  (Cleose. p. 1486, ed. Steph.) adopts the latter.
tended the summons should be subscribed to the    The size of the sUvc-rp was very various.  It
bill of plaint or indictment (7ystc,sa), so that the  contained from 2 quarts (Plat. I. c.) to a great
defendant, if he never had been summoned, and. number of gallons. (Athen. v. p. 199, d. f.) It wras
judgment had nevertheless been given against him  sometimes given as a prize to the winners in the
by default, might know against whom to proceed. game of the COTTABos.                     [J. Y.]
The false witness (sc7,'iqp) was liable to be crimi-    PUBES, PUBERTAS.   [CUvnATOR; lIo1nally prosecuted, and punished at the discretion  PUBEs; INF.ANS.]
of the court.  Even death might be inflicted in a    PUBLICA'NI, farmers of the public revenues
case of gross conspiracy.  (Demosth. c.. Nicost.  ofthe Roman state (vectigalia).  Their name is
1252.)  A person thrice convicted of this offence formed from pI2blicis, -which signifies all that bewas, as in the case of other false testimony, ipso longs to the state, and is sometimes used as sy-,jure disfranchised; and even for the first offence the  nonylouns awith vectigal.  (Dig. 39. tit. 4. s. 1.
jury might, if they pleased, by a 7rpo-OTri*l-is inflict ~ 1; 50. tit. 16. s. 16; Suet. NVero, 1; Cic. pro
the penalty of disfranchlisement upon him. (Andoc. Rubir. Post. 2; Val. Max. vi. 9. ~ 7.) The rede 1ljyst. 10, ed. Steph.; *Meier, de Bonz. Da7zn.  venues which Rome derived from  conquered coutnp. 125.)  IHere we miay observe this distinction, tries, consisting chiefly of tolls, tithes, harbour
that the proceeding against the false witiness to a  duties, the scriptura or the tax which was paid
summons was of a criminal nature, while the wit- for the use of the public pasture lands, and the
less in the cause (t'p-rvp) was liable only to a civil duties paid for the use of mines and salt-works
action. The camuse nmight be that the former offence  (salinae), were let out, or, as thle Romlans exwas more likely to do mischief.  The magistrate, pressed it, were sold by the censors in Rome itself
before whom the defendant neglected to appear, to the highest bidder.  (Cic. de Leg. Ags. ii. 21,
when by the evidence of the witness it was show\sn  c. Verr. iii. 7.)  This sale generally took place ill
that he had been duly summoned, had no discre- the month of Quinctilis and was made for a lustion but to pronounce judgment  agaiunst him; trumn. (Macrob. St. i. 12.)  The terms on which
whereas the dicasts, to whom the witness gave  the revenues were let, were fixed by the censors
false evidence at the trial, might disbelieve him  in the so-called eyes cessosriae. (Cic. ad Quint. Frict.
and find their verdict according to the truth.  If i. 1; Varro, de le Rust. ii. 1; Fest. s. v. Prothe fraud was owing to a conspiracy between the  dsuit.) The people or the senate however sometimles
plaintiff and the witness, it is probable that an  modified the terms fixed by the censors in order to
action at the suit of the defendant would lie against raise the credit of the publicani (Plut. Flareisi. 1 9;
the former, to recover compensation; for, though  Polyb. vi. 17; Liv. xxxix. 44), and in some cases
the conviction of the witness would lead to a re- even the tribunues of the people interfered in this
versal of the jJudgment, still he (the defendant)  branch of the adllnilistration. (Liv;xliii. 16.) The
mighlt have suffered  damage in the meantime, tithes raised in the province of Sicily alone, wvitho
which the setting aside of the judgment would not the exception of those of wvine, oil, and garden




PUBLICANTI.                                        PUBLICANI.                   973
produce, were not sold at Rome, but in the dis-  become a member of a company ofpublicani; frcedtricts of Sicily itself, according to a practice estab- men and slaves wvere excluded. (Pseudo Ascon. in
lished by Hiero. (Cic.c. Verr. ii. 3, 64, &c.)  The  Divinat. p. 113; Cic. c. Veerr. iii. 39.)   No
persons who undertookl the farmingl of the public  Roman magistrate however, or governor of a prorevenue of course belonged to the wealthiest Ro- vince, was allowed to take ally share whatever in
mnans. Their wealth and consequent influence may  a company of publicani (Cic. c. Veerr. iii. 57), a regu.
be seen from the fact, that as early as the second  lation which was chiefly intended as a protection
Punic war, after the battle of Cannae, when the  against the oppression of the provincials.  During
aerarium was entirely exhausted, the publicani ad- the later period of the empire various changes
vanced large sums of money to the state, on condi-  were introduced in the farming of the public revetion of repay'ment after the end of the war. (Val. nues.  Although it was, on the whole, a rule that
Max. v. 6. ~ 8; Liv. xxiv. 18; compare xxiii. no person should be compelled to take any share
48, &c.)  But what class of Romans the publicani in a company of publicani, yet such cases somewere at this time is not stated; scarcely half a  times occurred.  (Burmann, Vectiq. Pop. Romt.
century later however we find that they were  p. 138, &c.)  Fromn the time of Constantine the
principally men of the equestrian order (Liv. xliii. leases of the publicatni were generally not longer
16); and down to the end of the republic, as well than for three years.  (Cod. 4. tit. 61. s. 4.)
as during the early part of the empire, the farming  Several parts of the revenue which had before been
of the public revenues was almost exclusively in  let to publicani, were now raised by especial offithe hands of the equites; whence the word equites cers appointed by the emperors.  (Burmann, 1. c.
and publicani are sometimes used as synonymous. p. 141, &c.)
(Cic. c. Verr. i. 51, ii. 71, ad Att.ii. 1,; Suet.    All the persons hitherto mentioned as members
AZg. 24; Tacit. Annal. iv. 6.)                    of these companies, whether they held any office
The publicani had to give security to the state  in such a company or not, and merely contributed
for the sum  at which they bought one or more  their shares and received their portions of the
branches of the revenue in a province; but as for profit (Cic. ad Alt. i. 19; Nepos, Ati. 6), did not
this reason the property of even the wealthiest in- themselves take any part in the actual levying or
dividrual must have been inadequate, a lmnlber of collecting of the taxes in the provinces.  This part
equites generally united together and formed a  of the business was performed by an inferior class
company (socii, societas or corpus), which was re- of men, who were said ol2peras publlccanis dare, or
cognized by the state (Dig. 3. tit. 4. s. I), and by  esse in operis societalis.  (Val. Max. vi. 9. ~ 8;
which they were enabled to carry on their under-  Cic. c. Verr. iii. 41, ad Faom. xiii. 9; compare
takings upon a large scale.  Such companies ap- c. Verr. ii. 70, pro Plance. 19.)  They were enpear as early as the second Punic war.  (Liv. gaged by the publicani, and consisted of freemen
xxiii. 48, 49.)  The shares which each partner of as well as slaves, Romans as well as provincials.
such a company took in the business, were called  (Cic. c. Verr. ii. 77, de Prov. Cons. 5.)  This
partes, and if they were small, particulae.  (Cic. body of men is called faimilia publicanorum, and
pro Rabir. Post. 2; Val. Max. vi. 9. ~ 7.)  The  comprehended, according to the praetor's edict
responsible person in each company, and the one  (Dig. 39. tit. 4. s. 1), all persons who assisted the
who contracted with the state, was called manceps publicani in collecting the vectigal.  Various laws
(Fest. s. v. lhlanceps; Pseudo-Ascon. in Divinrt. p. were enacted in the course of time, which were
11 3, ed. Orelli.)  MANCEPS]; but there was also a partly intended to support the servants of the
maogister to manage the business of each society, publicani in the performance of their duty, and
who resided at Rome, and kept an extensive cor- partly to prevent them  from  acts of oppression.
respondence with the agents in theprovinces. (Cic. (See Digest. 39. tit. 4: De Publicanis et eectiadc Att. v. 15, c. Verr. ii. 74.)  He seems to have ygalib. et comnmissis; Gaius, iv. 28.)
held his office only for one year; his representa-    The separate branches of the public revenue in
tive in the proviices was called sub magistro, who  the provinces (deczmzae, portoria, scriptura, and
hlad to travel about and superintend the actual the revenues from  the mines and saltworks) were'business of collecting the revenues.  The apXT'r- mostly leased to separate companies of publicani;
AoS,'vs in St. Luke (xix. 2) was probably such a  whence they  were distinguished by names desub magistro.  The magister at Rome had also to  rived from that particular branch which they had
keep the accounts which were sent in to him (tabu6- taken in farm; e. g. decumani, pecuarii or scriple accepti et ei epesi).  The credit of these com- turarii, salinarii or mancipes salinarum, &c. (Pseudopanies of publicani and the flourishing state of Ascon. 1. c.; compare D)ECUMAE, PORTORIUM,
their finances were of the utmost importance to  SALINAE, SCRIPTURA.)  On somIe occasions, howthe state, and in fact its very foundation: of ever, one comupany of publicani farmed two or
this the Romans were well aware (Cic. pro Leg. more branches at once; thus we have an instance
llanlil. 6), and Cicero therefore calls them  the  of a societas farming the portorium and the scrip"'ornaamentum civitatis etfirmamnentum reipu)blicae."  tura at the same time.  (Cic. c. Venr. ii. 70.)
(Comp. pro  Plane. 9.)  It has been already men- The commentator, who goes by  the name of
tioned that the publicani, in case of need, acted  Asconius, asserts that the portitores were publias a kind of public bank and advanced sums of cani who iirmed  the portorium; but from  all
money to the state (compare Cic. ad Farn. v. 20), the passages where they are mentioned in ancient
which therefore thought them  worthy of its es- writers, it is beyond all doubt that the portitores
pecial protection.  But they abused their power were not publicani properly so called, hbt only
at an early period, in the provinces as well as at their servants ellgaged  in examining   the goods
Rome itself; and Livy (xlv. 18) says, " ubi pub- imported or exported, and levying the customlicanus est, ibi aut jus publicum vanum, anut liber- duties upon them.  They belonged to the saume
tas sociis nulla."  (Compare Liv. xxv. 3, 4.)      class as the publicalus of the New Testament.
Nobody but a Roman citizen mwas allowed to  (St. Luke, v. 27, 29.)  Respecting the impudenlt




974 P UBLICIANA IN REM ACTIO.                                       PUGILATUS.
way in which these inferior officers sometimes be-  land.   As the legislation of Justinian rendered
bhaed towards travellers and merchants, see Plant.  the old forms of transfer of servitiltes unnecessary,
Melieaech. i. 2. 5, &c.; Cic. ad Quiet. Frt. i. 1;  the Publiciana actio could then only apply to a
Plut. de Curiosit. p. 518, e.  (Compare Burmann, case of Possessio.
de Vectig. c. 9.)                       [L. S.]      (Dig. 6. tit. 2; Inst. 4. tit. 6; Savigny,  Das
PUBLICIA'NA IN REM  ACTIO, was given  Recct des Besitzes, p. 13, 5th ed.; Puchta, Inst.
to him who had obtained possession of a thing ex  ii. ~ 233; Mackeldey, Lel?-rblcl, 12th ed. ~ 270,
justa causa, and had lost the Possession before he  and the notes).                        [G. L.]
had acquired the ownership by Usucapion.  This    PU'BLICUM.  [AERARIUM, p. 23, b.]
was a Praetorian action, so called from a Praetor    PUBLICUM, PRIVATUM  JUS.  CJus, p.
Pablicins; and the fiction by which the Possessor  657, b.]
was enabled to sue, was that he had obtained the    PU'BLICUS  AGER.  [AGEa.]
owsnership by Usucapion. (Gains, iv. 36, where    PUER.  [SERvus.]
the intentio is given.)  This actio was an incident    PUGILA'TUS (7rib, 7ruvy7/, srv7y1caXia, 7rVu/0oto every kind of possessio which was susceptible  ot'v7), boxing.  The fist (psugz2zs, sriu) being the
of Usucapion (the thirty  years' excepted).  In  simplest and most natural weapon, it may be
the old Roman Law, this Actio resembled the  taken for granted that boxing was one of the
Vindicatio, and in the newer Roman Law it was  earliest athletic games among the Greeks.  Hence
still more closely assimilated to it, and consequently  even gods and several of the earliest heroes are
in this actio, mere Possession was not the only  described either as victors inl the 7rwvyl7/x, or as disthing considered, but the matter was likened to  tinguished boxers, such as Apollo, Heracles, Tythe case where ovwnership and Possession were ac- deus, Polydeuces, &c. (Paus. v. 7. ~ 4; Theocrit.
quired at the same time by Occupatio or Traditio. xxiv. 113; Apollod. iii. 6. ~ 4; Pans. v. 8. ~ 2.)
Accordingly Possessio for the purposes of Usuca-  The Scholiast on Pindar (Neo7. v. 89) says that
pion may be viewed in two ways: viewed with  Theseus was believed to have invented the art of
respect to the ownership of which it is the founda- boxing.  The Homeric heroes are well acquainted
tion, it is an object of jurisprudence as bare Pos-  with it. (Hom. 1I. xxiii. 691, &c.; compare Od.
session; viewed with reference to the Publiciana  Yiii. 103, &c.)  The contest in boxing was one of
Actio, which is incident to it, it is viewed as  the hardest and most dangerous, whence Homer
ownership.  The owner of a thing might avail gives it the attribute a&Xewe/V.  (Ii. xxiii. 653.)
himself of this action, if he had any difficulty in  Boxing for men was introduced at the Olympic
proving his ownership.                             games in 01. 23, and for boys in O1. 37.  (Panus.
This action was introduced for the protection of v. 8. ~ 3.)  Contests in boxing for boys are also
those who had a civilis possessio, but that only, mentioned ill the Nemea and Isthmia.  (Paus. vi.
and consequently could not recover a thinog by the  4. ~ 6.)
Rei vindicatio, an action which a man could only    In the earliest times boxers (pugiles, 7rSKi'a)
have, when he had the Quiritarian ownership of a  fought naked, with the exception of a Cjqua round
thing.  According to the definition a man could  their loins (Hom. 11. xxiii. 683; Virg. Acn. v.
have this actio both for a thing which he had  421); but this was not used when boxing was ilnin bonis and for a thing of which he had a civilis  troduced at Olympia, as the contests in wrestling
possessio, without having it in bonis.  When he  and racing had been carried on here by persons
had the thing in bonis his action was good against entirely naked ever since 01. 15.  Respecting the
the Quiritarian owner, for if such owner pleaded  leathern thongs with which pugilists surrounded
his ownership, the plaintiff might reply that the  their fists, see CESTUS, where its various forms are
thing had been sold and delivered and therefore  illustrated by wood-cuts.
was his in bonis.  The Publiciana actio of the    The boxing of the ancients appears to have replaintiff who had a civilis possessio, without having  sembled the practice of modern times.  Some parthe thing  in bonis) was not good against the  ticulars, however, deserve to be mentioned.  A
owner, who had the right of ownership, in fact, peculiar method, which required great skill, was
while the plaintiff had it only in fiction; nor was not to attack the antagonist, but to remain on the
it valid against another who had a Civilis possessio  defensive, and thus to wear out the opponent,
as good as his own. His action was good against a  until he was obliged to acknowledge himself to be
Possessor who had not a civilis possessio.  In this  conquered.  (Dio Chrysost. /Telanc. ii. orat. 29;
action the plaintiff had to prove that he possessed  Eustath. od II. p. 1322. 29.)  It was considered
civiliter, before the time when he lost the pos- a sign of the greatest skill in a boxer to conquer
session.  [PossEssIo.]                             without rcceivinq   any wounds, so that the two
The object of the action was the recovery of the  great points in this game were to inflict blows,
thing and all that belonged to it (cum omni causa). and at the same time not to expose oneself to
IIn the legislation of Justinian, the distinction be-  any danger (7rA;lwy  Kmal  uw;aK, J. Chrysost.
tween Res Mancipi and Nec Mancipiwas abolished, Serrau. vii. 1; Plut. Syssspos. ii. 5; compare Pans.
and ownership could in all cases be transferred by  vi. 12. ~ 3). A pugilist used his right arm chiefly
tradition. The Publiciana actio therefore became  for fighting, and tile left as a protection for his
useless for any other purpose than a case of bonae  head, for all regular blows were directed against
fidei possessio, and this seems to explain why the  the upper parts of the body, and the wounds inwords " non a domino " appear in the Edict as fiicted upon the head were often very severe and
cited in the Digest (6. tit. 2. s. 1), while they do  fatal.  In some ancient representations of boxers
inot appear in Gains (iv. 36).                     the blood is seen streaming from their noses, and
The Publiciana actio applied also to Scrvitutes, their teeth were frequently knocked out. (Apolthe right to which had not been transferred by  Ion. Rhid. ii. 785; Theocrit. ii. 126; Virg.
Mancipatio or In jure cessio, but which had been  Aen. v. 469; Aelian. KV H. x. 19.)  The ears
enjoyed with the consent of the owner of the  especially  wecre  exposed to great danger, and




PUGIO.                                          PULVINAR.                   97
with regular pugilists they were generally much  copied from Beger (Th/es. Brand. vol. iii. pp. 398,
mittilated and broken.   (Plat. Gog. p. 516;  419): the third represents a dagger about a foot
Protag. p. 342; Martial, vii. 32. 5.)  Hence in  long, which was found in an Egyptian tomb, and
works of art the ears of the pancratiasts always  is preserved in the Museum  at Leyden.  The
appear beaten flat, and although swollen in some  middle figure is entirely of metal.  The handles
parts, are yet smaller than ears usually are.  In  of the two others were fitted to receive a plate of
order to protect the ears from severe blows, little  wood on each side.  The lowermost has also two
covers, called a/qywLriles, were invented. (Pollux, bosses of ivory or horn, and shows the remains of
ii. 82; Etymol. Mag. s. v.)  But these ear-covers  a thin plate of gilt metal, with which the wood
which, according to the Etymologist, were made  was covered.
of brass, were undoubtedly never used in the
great public games, but only in the gymnasia and'
palaestrae, or at most in the public contests of   -,
boxing for boys; they are never seen in any
ancient work of art.
The game of boxing, like all the other gymnastic and athletic games, was regulated by certain                      __
rules.  Thus pugilists were not allowed to takle i
hold of one another, or to use their feet for the
purpose of making one another fall, as was the
case in the pancratium.  (Plut. Synp:; ii. 4; Lucian, Anzach. 3.)  Cases of death either during the
fight itself or soon after, appear to have occurred
rather frequently (Schol. ad Pind. O. v. 34), but
if a fighter wilfully killed his antagonist, he was
severely punished.   (Paus. viii. 40. ~ 3, vi. 9.    In the heroic ages the Greeks sometimes wore
~ 3.)  If both the combatants were tired without a dagger suspended by the sword on the left side
wishing to give up the fight, they might pause  of the body [GLADIUS], and used it on all oca while to recover their strength; and in some  casions instead of a knife.  (Hom.  1. iii. 271;
cases they are described as resting on their knees. Athen. vi. p. 232, c.)  The custom is continued to
(Apollon. Rhod. ii. 86; Stat. TDib. vi. 796.)  If the present day among the Arnauts, who are dethe fight lasted too long, recourse was had to a  scended from  the  ancient Greeks.  (Dodwell,
plan called cXl4ca(, that is, both parties agreed not  Tosr, vol. i. p. 133.)  The Romans (see woodto move, but to stand still and receive the blows  cuts, pp. 2, 554), wore the dagger as the Persians
without using any means of defence, except a cer- did [ACINACES] on the right side, and consetain position of the hands.  (Eustath. ad II. xxiii. quently drew it with the thumb at the upper part
p. 1324; Paus. viii. 40. ~ 3.)  The contest did  of the hilt, the position most effective for stabbing.
not end until one of the combatants was compelled  The terms ptegio and EYXELtptLOY   denote both its
by fatigue, wounds or despair, to declare him-  emallness and the manner of grasping it in the
self conquered (array7opese'l, Paus. vi. 10. ~ 1), hand (7ri4, pugnus).  In the same way we must
which was generally done by lifting up one hand. understand "the two swords " (duos gladios, Gell.
(Plut. Lyczrg. 19.)                                ix. 13) worn by the Gallic chieftain, slain bThe Ionians, especially those of Samos, were at Manlius Torquatus; and the monuments of the
all times more distinguished pugilists than the  middle ages prove that the custom long continued
Dorians, and at Sparta boxing is said to have  in our own and in adjoining countries.  (See Stobeen forbidden by the laws of Lycurgus. (Paus. thard, Mson. EJfigiesof Gt. Britain.)  Among some
vi. 2. ~ 4; Plut. Lyceurg. 19.)  But the ancients  of the northern nations of Europe, a dirk was congenlerally considered boxing as a useful training  stantly worn on the side, and was in readiness to
for military purposes, and a part of education no  be drawn on every occasion. (Ovid. Trist. v. 8.
less important than-any other gymnastic exercise.  19, 20.) The Chalybes employed the same weapon,
(Lucian, Ansacl. 3; Plut. Cat. Maj. 20.) Even in  stabbing their enemies in the neck. (Xen. Asnab.
a medical point of view, boxing was  recom- iv. 7. ~ 16.)  For the Greek horsemen the dagger
mended as a remedy against giddiness and chronic  was considered preferable to the long sword as a
headaches.  (Aretaeus, De Morb. disut. curc. i. 2.)  weapon of offence.  (Xen. de Be Equest. xii.
In Italy boxing appears likewise to have been  11.)                                     [J. Y.]
practised from  early times, especially among the    PULLA'RIUS.  [AuonR, p. 176,a.]
Etruscans.  (Liv. i. 35; Dionys. vii. 72)  It    PU'LPITUM    [THEATRUM.]
continued as a popular game during  the whole    PULVI'NAR.  A representation of the mode
period of the republic as well as of the empire. of using cushions or pillows (psulvini), to recline
(Suet. Aug. 45; Cic. De Leg. ii. 15, 18; Tacit. upon at entertainments, is given in the wood-cut
Annal. xvi. 21; Suet. Ccals. 18.)  See Krause, under SyvmsosIuM.  The most luxurious of such
Die Gyizsnastik und Agon. d. EUelleizen, pp. 497-   cushions were stuffed with swan's-down. (Mart.
534.                                   [L. S.]    xiv. 161.)  An ancient Egyptian cushion is prePUGILLA'RES.  [TABULAE.]                        served in the British Museum.  In reference to
PU'GIO  (acdXalpa,  dias. taXalfpmov; 4yXetpi- this practice, tile Romans were in the habit of
atov), a dagger; a two-edged knife, commonly of placing the statues of the gods upon pillows at the
bronze, with the handle in many cases variously  lectisternia. [EPUsIONES; LECTISTERNIUM.] The
ornamented or enriched, sometimes made of the  couches provided for this purpose in the temples
hard black woodof the Syrian terebinth. (Theophr. were called pulvinaria.  (Hor. C6asrm. i. 37. 3;
/-. P. v. 3. ~ 2.) The accompanying woodcut shows  Ovi'l. lMet. xiv. 827; Cic. in Cat. iii. 10, HLarusp.
three ancient daggers.  The two upper figures are  5, Dolz, 53, lT/sc. iv. 2; Val. Max. iii. 7. ~ 1;




.476           1PYANEPSIA.                                           PYTHIIA.
Servius, ine Viriy. Geoog. iii. 533.)  There was also  instituted by Theseus after his return from Crete.
a pulvinar, on which the images of the gods were  (Plut. PTes. 22.)   The festival as well as the
laid, in the Circus.  (Sueton. Azgust. 45, Cleaud. month in which it took place, are said to have de~.)                                    [J. Y.]   rived their names from  7rVaEuosr, another form for
PULVI'NUS.  [PULVIN=AR.]                        iciamaos, i.e. pulse or beans, which were cooked at
PUPILLA, PUPILLUS.   [IIPUBES; IN- this season and carried about. (Harp. and Suid. I.c.;
FANS; TUTELA.]                                     Athen. ix. p. 408.)  A  procession appears to have
PUPILLA'RIS  SUBSTITU'TIO. [HEREs, taken place at the Pyanepsia, in which the EIPE0oILm'r
p. 599.]                                           was carried about.  This elpe'Tawrqy was an olivePUPPIS.  [NAVIS, p. 787, a.]                     branch surrousded with wool and laden with the
PU'TEAL, properly means the enclosure sur- fruits of the year; for the festival was in reality a
rounding the opening of a well, to protect persons  harvest feast. It was carried by a boy whose parents
from falling into it. It was either round or square, were still living, and those who followed him sang
and seems usually to have been of the height certain verses, which are preserved in Plutarch.
of three or four feet from the ground.  There is a  (1. c.; compare Clem. Alex. Stromz. iv. p. 474 1
round one in the British Museum, made of marble, Eustath. ad 1I. xxii.; Suid. s. v. Eipeoricvrq; and
which  was found  anmong the ruins of one of Etymol. Mag. where a different account is given.)
Tiberius's villas in Caprene; it exhibits five groups The procession went to a temple of Apollo, and
of fauns and bacchanalian nymphs; and around  the olive-branch was planted at its entrance.  Acthe edge at the top may be seen the marks of the  cording to others, every Athenian planted, on the
ropes used in drawing up water from  the well. clay of the Pyanlepsia, such an olive branch before
Such putealia seem  to have been common in the  his own house, wlhere it was left standing till the
Ronman villas: the peutealia siqnatac, which Cicero  next celebration of the festival, when it was ex(ad A tt. i. 10) wanted for his Tusculan villa, must changed for a fresh one.  (Schol. ad Aristoph.
have been of the same kind as the one in the  Plut. 1050.)                                [L. S.]
Biltish  Museum; the signata, refers to its being    PYCNOSTY'LOS.  [TrEsIPLUMi.]
atdorned with figures.  It was the practice in some    PYELUS (7rio.Aos).  [FUNUI, p..55, b.]
cases to surround a sacred place with an enclosure    PYGME.  [MENsuaA, p. 752, a.]
open at the top, and such enclosures from  the    PYGON.  [MIENSURA, p. 752, a.]
great similarity they bore to Psuletlia were called    PYLA'GORAE (7rvXayopai).  [AAslPrIicToby this name.  There was a Puzteel of this kind  NES, p. 80, b.]
at Rome, called Puteal Scriboniaoulz or Puteal    PYRA.  [FuNus, p. 559, b.]
Libonis, which is often exhibited on coins of the    PYRGUS (7rmpyos), a tower.  1. The towers
Scribonia gens, and of which a specimen is given  used in fortification and in war are spoken of under
belowv.  The puteal is on the reverse of the coin  TuRRIs.  2. An army drawn up in a deep oblong
adorned with garlands and two lyres.  It is gene-  column.  [TTuaRrs, No. VI.]  3. A  dice-box, so
rally stated that there were two putealia in the  called from  its resemblance to a tower [FRIItoman forum; but C. F. Hermann, who has care- TILLUS.].  4. The territory of the town of Teos
fully examined all the passages in the ancient was distributed among a certain number of towers
writers relating to this matter (lad. Lect. M1crM-  ( r pTyom), to each of which corresponded a symbur1g. 1840), comes to the conclusion that there  mory or section of the citizens (B6ckh, Corp. Inscr.
was only one such puteal at Rome.  It was in the  No. 3064; and the elucidations of Grote, Ilist. of
forum, near the Arcus Fabianus, and was dedi-  Greece, vol. iii. pp. 247, 2481).
cated in very ancient times either on account of    PY'RRHICA.  [SALTATeO.]
the whetstone of the Augur Navius (comp. Liv. i.    PY'THIA  (Orbia), one of the four great na36), or because the spot had been struck by light- tional festivals of the Greeks.  It was celebrated
ning.  It was subsequently repaired and re-dedi- in the neighbourhood of Delphi, anciently called
cated by Scribonius Libo, who had been com-. Pytho, in honour of Apollo, Artemis, and Leto.
manded to examine the state of the sacred places  The place of this solemnity was the Crissaean
(Festus, s. v. Scriboniasnum)).   Libo erected in its plain, which for this purpose contained a hipponeighbourbood a tribunal for the praetor, in con- dromus or race-course (Paus. x. 37. ~ 4), a stadium
sequence of which the place was, of course, fre- of 1000 feet in length (Censorin. de Die Nat. 13),
quented by persons who had law-suits, such as and a theatre, in which the musical contests took
money-lenders and the like. (Comp. Hor. Sat. ii. place.  (Lucian, tadv. indoct. 9.)  A  gymnasium,
6. 35, Epist. i. 19. 8; Ov. Reined. Amor. 561; prytaneim, and other buildings of this kind, proCic. )ro Sex. 8; C. F. Ilermaen I. c.)             bably existed here, as at Olympia, although they
are not mentioned.  Once the Pythian games were
held at Athens, on the advice of Demetrius PoliorU V = o -o a XX    cetes (01. 122. 3; see Plut. Denzetr. 40; Corsini,!___                         Pe.%i}   0  S  -t/oFast. Att. iv. p. 77), because the Aetolians were in
ii..'.bo~.11        possession of the passes around Delphi.
\1 O:~S,.;cr o:~_                The Pythian games were, according to most
x2'~'I~~   r~ T  i      legends, instituted by Apollo himself (iAth n. x;v.
p. 701; Schol. Argunz. ad P'ind. Pth/.): other
traditions referred them to ancient heroes, such as
PUTI'CULAE, PUTI'CULI.  [FiuNus, p. Amphictyon, Adrastus, Diomedes, and  others.
560, b.]                                           They were originally perhaps nothing more than
PYANE'PSIA  (rvuave'i4a), a festival  cele-  a religious panegyris, occasioned by the oracle of
brauted at Athens every year on the sevenlth of Py-  Delphi, alnd the sacred games are said to have
anepsion, in honour of Apollo. (Harpocrat. Hesych. beenl at first only a musical contest, which corSlitls. s. eS. Ilvayrla.)  It was said to have been  sisted in siiigil!g a hymns  to the honour of the




PYTHIA.                                            PYTHIA.                   97
Pythianl god with the accompanlimnent of the ci- not yet been  practised  at Olympia,  viz. the
thara. (I'auns. x. 7. ~ 2; Strab. ix. p. 421.) Sonle  aoAXoJs and the aiavAos for boys.  InI the first
of the poets, however, and mythograpliers repre-  Pythiad  the victors received Xp-/Aa'a as their
sent even the gods and the early heroes as en- prize, but in the second a chaplet was established
gaged in gymnastic and equestrian contests at the  as the reward for the victors. (Paus. and Schol.
Pythian games.  But such statements, numerous  ad Pind. 1. c.)  The Scholiasts on Pindar reckon
as they are, can prove nothing; they are ana- the first Pythiad from  this introduction of the
chronisms in which late writers were fond of in- chaplet, and their system  has been followed by
dulging.  The description of the Pythian games most modern chronologers, though Pausanias exin which Sophocles, in the Electra, makes Orestes  pressly assigns  this  institution to  the  second
take part, belongs to this class.  The Pythian  Pythiad.  (See Clinton, F.H. p. 195; Krause,
games must, on account of the celebrity of the  Die Pyth. Nsern., &c. p. 21, &c.)  The asXvrsifa,
Delphic oracle, have become a national festival for which  was introduced in the first Pythiad, was
all the Greeks at a very early pwriod; and when  omitted at the second and ever after, as only
Solon fixed pecuniary rewards for those Athenians  elegies and ap{ivoi had been sung to the flute,
who were victors in the great national festivals, which were thought too melancholy for this sothe Pythian agon was undoubtedly included in  lemnity.  The reOpir7ros or chariot-race with four
the number, though it is not expressly mentioned. horses however was added in the same Pythiad.
(Diog. La'rt. i. 55.)                             In the eighth Pythiad (01. 55. 3) the contest in
Whether gymnastic contests had been performed  playing the cithara without singing was introduced 
at the Pythian games previous to 01. 47, is un- in Pythiad 23 the foot-race in arms was added;
certain.  Bbckh supposes that these two kinds  in Pythiad 48 the chariot-race with two fullof games had been connected at the Pythia from  grown horses (orvrcapf8os apOpos) was performed for
early times, but that afterwards the gymnastic the first time; in Pythiad 53 the chariot-race with
games were ineglected: but. however this may be, four foals was introduced.  In Pythiad: 61 the
it is certain that about 01. 47 they did not exist pancratium for boys, in Pythiad 63 the horse-race
at Delphi.  Down to 01. 48 the Delphiass them-  with foals, and in Pythiad 69 the chariot-race
selves had been the agonothetae at the Pythian  with two foals were introduced.  (Panus. I. c.)
games, but in the third year of this Olympiad, Various musical contests were also added in the
when after the Crissaean war the Amphictyons  course of time, and contests in tragedy as well as
took the uana.gesment under their care, they natu- inother kinds of poetry and in recitations of hisrally becalmle the agonothetae. (Strab. ix. p. 421; torical  compositions  are  expressly  mentioned.
Passe. x. 7. ~ 3.)  Some of the ancients date the  (Philostr. Vil. Sopbl. ii. 27. 2; Plut. Sysmpos. ii.
institutionl of the Pythian games from this time  4.)  Works of art, as paintings and sculptures,
(Phot. Cod. p. 533, ed. Bekker), and others say  were exhibited to the assembled Greeks, and
that henceforth they were called PI/shiame#asses. prizes were awarded to those who had produced
Owiig to their being under the management of the finest works. (Pl'n. xxxv. 35.)  The musical
the Amphlictyons they are sometimes called'A/z- and artistic contests were at all times the most
(IpcrUvotcrI dOa. (Heliod. Aeth. iv. 1.) From 01. prominent feature of,'the Pythian games, and in
48. 3, the Pythiads were occasionally used as an. this  respect they. even  excelled  the Olympic
aera, and the first celebration under the Amphic- garnes.
tyons was the first Pythiad.   Pausanias (1. c.)    Previous to 01..48 the Pythian games had been
expressly states that in this year the original an e'saerrpLr, that is, they had been celebrated
mussical contest in cmOapwoya was extended by the  at the end of every eighth year; but in 01. 48. 3,
addition of  uAcpflia, i. e. singingy with the ac- they became like the Olympia a 7reoa-erpLs,- i. e.
companiment of the flute, and by that of flute- they were held-at the end of every fourth year, and
playing alone.  Strabo (I. c.:) in speakilng of these  a Pythiad therefore- ever since the time that' it was
innovations does not mention the avAsira, but used as an aera3 comprehended a space of four years,
states that the contest of cithara-players (QcmOapr'- commencing with;the third year of every Olympiad.
wTa) _was added, while Pausanias assigns the in-  (Panus. 1. c.; Diods xv. 60; compare Clinton, F.1.
trodluction of this contest to the eighth Pythiad. p. 195.)  Others have, in opposition to direct
One of the musical contests at the Pythian games statements, inferred from  Thucydides (iv. 117,
in which only flute and cithara-players took part, v. 1) that the Pythian games were held towards
was the so-called Pvsos NliluKcs, which, at least the end of the second year of every Olympiad.
in subsequent times, consisted of five parts, viz. Respecting this controversy, see Krause, 1.c. p. 29,
vodscposu-rs, &i/urespa, tcarasCeAcuvrris, Ya/eoL seal I:&c. As for the seasontof the Pythian games, they
acisAVXol, and -rSpyyes.  The whole of this Pd/os were in all. probability held in the spribtg, and
was a musical description of the fight of' Apollo  most writers believe that it was in the month of
with the dragon and of his victory over the  Bysius, which is supposed to be the same as the
monster. (Strabo, 1. c.)  A somewhat different ac- Attic Miunychion.   Bickh  (ad Cosp. Inscript.
count of the parts of this  yo'6,os is given by the  n. 16.88) however has shown that the games took
Scholiast on Pindar (Argums7. ad Pyth.) and by  place in the month of Bucatius, which followed
Pollux (iv. 79, 81, 84).                           after the month of Bysius, and that this month
Besides these innovations in the musical con- must be considered as the same as the Attic Mutests which were made in the' first Pythiad, such  nychion.  The games lasted for several days, as is
gynslastic and equestrian games as were then  expressly mentioned by Sophocles (Elect. 690; &c.),
customary at Olympia, were either revived at but we do not know how many.  When ancient
D)elphi or introduced for the first time.  The  writers speak of the day of the Pythian agon, they
chatriot-race with four horses was not introduced  are probably thinking of the musical agon alone,
till the second Pythiad. (Pans. x. 7. ~ 3.)  Some  which was the most important part of the games_
games on the other hand were adopted, which had and probably took place on the 7th of Bucatius,
3 i




~9.78              PYTH1IA.                                     QUADRAGESIIMA.
It is quite impossible to conceive that all the nu-  in a great many other places where the worship
mnerous games should have taken place on one day. of Apollo was introduced; and the games of DeiThe concourse of strangers at the season of this  phi are sometimes distinguished from these lesser
panegyris, must have been very great, as un-  Pythia by the addition of' the words Ev AeXpoZs.
doubtedly all the Greeks were allowed to attend. But as by far the greater number of the lesser
The states belonging to the amphictyony of Delphi Pythia are not mentioned in the extant ancient
had to send their theori in the month of Bysius, writers, and are only known from coins or inscripsome time before the commencement of the festival tions, we shall only give a list of the places where
itself. (Bdickh, Corp. Inscse. 1. c.)  All theori sent they were held: —Ancyra in Galatia, Aphrodisias
by the Greeks to Delphi on this occasion, were  in Caria, Antiochia, Carthaea in the island of Ceos
called rluOai'Tai (Strab. ix. p. 404), and the theo- (Athen. x. p. 456, 467), Carthage (Tertull. Scorp.
ries sent by the Athenians were always particu-  6), Cibyra in Phrygia, Delos (Dionys. Perieg.
larly brilliant. (Schol. ad Aristoph. Av. 1585.) As  527), Emisa in Syria, ilierapolis in Phrygia,
regards sacrifices, processions, and other solemni- Magnesia, Megara (Schol. ad Pind. Nreo. v. 84,
ties, it may be presumed that they resembled in a  01. xiii. 155; Philostr. Vit. Soph. i. 3), Miletus,
great measure those of Olympia.  A  splendid, Neapolis in Italy, Nicaea in Bithynia, Nicomedia,
though probably in some degree fictitious, descrip- Pergamus in Mysia, Perge in Pamphylia. Perintion of a theoria of Thessalians may be read in  thus on the Propontis, Philippopolis in Thrace,
Heliodorus (Aeth. ii. 34).                         Side in Pamphylia, Sicyon (Pind. 01. xiii. 105,
As to the order in which the various games  with the Schol.; Nes. ix. 51), Taba in Caria,
were performed, scarcely anything is known, with  Thessalonice in Macedonia, in Thrace, Thyatira,
the exception of some allusions in Pindar and a  and Tralles in Lydia, Tripolis on the Maeander
few remarks of Plutarch.  The latter (Syesp. ii. 4; in Caria. (Krause, Die P3thien, ANe7e7een und Isthcomp. Philostr. Apoll. T.yanz. vi. 10) says that the  mnien, pp. 1-106.)                  [L. S.]
ihusical contests preceded the gymnastic contests,    PY'THIA.  [OlAcvUvLuI, p. 837, a.]
and from Sophocles it is clear that the gymnastic    PY'THII (irdiLoL), called fnolloo in the Lacecontests preceded the horse and chariot races. daemonian dialect (Photius, s. v.), were four per.
Every game, moreover, which was performed by  sons appointed by the Spartan kings, two by each,
men and by boys, was always first performed by  as messengers to the temple of Delphi (0eo0rpotie latter. (Plut. Syrup. ii. 5.)                 7roL Es AeXq0oiv).  Their office was highly honourWe have stated above that, down to 01. 48, the  able and important: they were always the messDelphians had the management of the Pythian  mates of the Spartan kings. (Herod. vi. 57; Xen.
games; but of the manner in which they were  Rep. Lac. xv. 5; Miiller, Dor. iii. 1. ~ 9.)
conducted previous to that time nothing is known.    PYXIS, dimz. PYXIDULA  (OrbtLs,diem. 7rvUi.
When they came under the care of the Amphic-  atov), a casket; a jewel-box.  (Mart. ix. 38.)
tyons, especial persons were appointed for the pur- Quintilian (viii. 6. ~ 35) produces this term as an
pose. of conducting the games and of acting as example of catachresis, because it properly denoted
judges.  They were called'EsrpAEXOlral (Plut. that which was made of box (7r6tos), but was up-,Syr2p. ii. 4, vii. 5) and answered to the Olym- plied to things of similar form and use made of
plan Hellanodicae.  Their number is unknown. any other material.  In fact, the caskets in which
(KIrauise, 1. c. p. 44.) In later times it was decreed  the ladies of ancient times kept their jewels and
by the Amphictyons that king. Philip with the  other ornaments,  were made of gold, silver, ivory,
Thessalians and Boeotians should undertake the  mother-of-pearl, tortoise-shlell, &c. ~ They were also
management of the games (Diod. xvi. 60), but much  enriched with sculpture.  A  silver coffer,
afterwards and even under the Roman emperors  2 feet-long,1 1 wide, and 1 deep, most elaborately
the Amphictyons again appear in the possession of adorned with figures in bas-relief, is described by
this privilege.  (Philostr. Vit. SopS. ii. 27.)  The  Bdttiger. (Sabina, vol. i. pp. 64-80. plate iii.)
47rSseAXsjal had to maintain peace a-nd order, and  The annexed woodcut (froni AInt. d'Ercolano, vol.
were assisted by leaoe-rlyo0dpot, who executed any  ii. tab. 7) represents a very plain jewel-box, out of
punishment at their command, and thus answered  which a dove is extracting a riband or fillet. Nero
to the Olympian &AxSral. (Luc. adv. iedoct, 9, &c.)
The prize given to the victors in the Pythian
games was from the time of the second Pythiad a'
laurel ch aplet; so that they then became an hy&l, 
mnreqavirTs, while before they had been an ay&            -X
Xp7larLaTirTs. (Pans. x. 7. ~ 3; Schol. in Asl-Isum.ad Pind. Pyth,)  In addition to this chaplet, the
victor here, as at Olympia, received the symlbolic
palm-branch, and was allowed to have his own  deposited his beatd in a valutable pyxis, when ihe
statue erected in the Crissaean plain. (Plit. Syrup. sh aved for the fi st time.  [BsRBA.]
viii. 4A; Paus. vi. 15. ~ 3, 17. ~ 1; Justin. xxiv.    The same term is applied to boxes used to con7, 1 o.)                                          tain drugs or poison  (Cic. pr'o COteto, 2-5-29
The time when the Pytirtan games ceased to be  Quintil. vi. 3. ~ 25); and to metallic rings emsolemnised is not certain, but they probably lasted  ployed in llmchinery.  (Plin. I. N. xviii. 11. s.
as long as the Olympic games, i. e. downv to the  29.)                                    Cj. T.]
year A. D. 394.  In A. D. 191 a celebration of the
Pythia is mentioned by Philostratus ( Fit. Soplh.
ii. 27), and in the time of the emperor Julian they                       Q.
still continued to be held, as is manifest from his
own words. (Jul. Epist. proo Aligiv.. 35, a.)       QUADI.AGE'SIMA, the fortieth part of the
Pythim -Sames of less importance were celebrated  himported goods,  wasn the ordinary rate of the Port




QUADRANTAL.                                        QUADRANTAL.                    979
torium. (Suet. Vespas. 1.; Quintil. Decl/an. 359;  (Cato, R. R. 57; Gell. i. 20 * Priscian. Carme. do
Symmach. Epist. v. 62, 65.)  Tacitus (Ann. xiii. Alens. et Pond. vv. 59-63: —
51) says that the Quadragesima was abolished by
Nero and had not been imposed again (manet    Angulus ut par sit, quem claudit linea triplex
a)olilio quadragesinae); but it appears most pro-    Quatuor et medium quadris ci       inane:
bable that this Quadragesima abolished by Nero        Amphora fit cubus, quadm  n  violare liceret,
Amphora fit cubus, quam ne violare liceret,
was not the Portorium, but the tax imposed by         Sacravere Jovi Tarpeio in monte Quirites."
Caligula (Suet. Cal. 40) of the fortieth part of the
value of all property, respecting which there was    A  standard model of the Amnphora  was kept
any law-suit.  That the latter is the more probable  with great care in the temple of Jupiter in the
opinion appears from the fact, that we never read  Capitol, and was called amphora Capitolinia (Prisof this tax upon law suits after the time of Nero, cian. 1. c.; Capitolin. 2caximin. 4).  There still
while the former one is mentioned to the latest exists a congius which professes to have been made
times of the empire.  Considerable difficulty, how- according to this standard.  [CoNGIUs.]  For a
ever, has arisen in consequence of some of the  full account of this congius, see H. Hase, Abhandl.
coins of Galba having Quadragesima Remissa upon  d. Berl. Akcad. 1824.
them, which is supposed by some writers to con-    There are two questions of very great interest
tradict the passage of Tacitus, and by others to  connected with the Roman quadrantal; namely;
prove that Galba abolished the Quadlagesima of (1), whether the equality to the cubic foot was
the portorium.  The words, however, do not neces- originally  exact, or only approximate, and (2),
sarily imply this; it was common in seasons of whether there was any exact ratio between the
scarcity and want, or as an act of special favour, for Roman and the Grecian measures.  The full disthe emperors to 2remlit certain taxe& for a certain  cussion of these questions would be inconsistent
period, and it is probable that the coins of Galba  both with the limits and with the chief object of
were struck in commemoration of such a remission, this work.  A general statement of the matters il
and not of an abolition of the tax.  (See Bur-  dispute will be found under MENSURA, p. 754.
mann, de Vectigal. p. 64, &c., who controverts the  It may here be added that, whether there was or
opinions of Spanheim, de Piraest. et Usu Nuznis7m. was not originally any precise ratio between the
vol. ii. p. 549.)                                  Greek and Roman measures of capacity, they were
QUADRANS.  [As, pp. 140, b, 141, a.]            at least so nearly related to one another, that, when
QUADRANTAL, or AMPHORA  QUAD-  the two systems came to exist side by side, it was
RANTAL, or AMPHORA only, was the princi- found easy to establish the following definite ratios.
pal Roman measure of capacity for fluids.  All the  Of the liquid measures; the Roman amphora, or
Roman measures of capacity were founded on  quadrantal, was 2-5tht  of the Aeginetaiin, and
weight, and thus the amphora was originally the  2-3rds of the Attic amphora or mnetretes; and the
space occupied by eighty pounds of wine. (Festus, conzgis of the Romaic system  was equal to the
s. v.)                                            Xous of the Attic.  Again, comparing the Romani
There is also preserved to us by Festus (s. v.  liquid with the Greek dry measures, the quadrantal
Publica Poadera, p. 246, Miiller), a plebiscitum  was 1-3rd of the Aeginetan, and one half of the
(the Sillian) of unkn;own date, regulating the Fweights  Attic, medinmnus. Consequently, of the dry measures,
and menasres, to the following effect: — E   pion- thlemoodics (which was 1-3rd of the quadrantal),teribets publicis, qbitGs Sac tenmpestate popuhtls oetier was 1-9th of the Aeginetan, and 1-6th of the Attic,
solet, suti coaequetur secd2zti,   ti  quadrantal vcini medimlnus.  The connecting subordinate unit in all
octogihnta pondo siet: coi7gius vini deens p. (i. e. these sets of mcasaures is the Roman sexatarius, or
ponpdo) siet: sew saextlai  conqitis siet cisi; duode-  sixth part ofthe coangics, which was introduced into
qzinquaigbfta sextari quadiantcal siet vini: - that the Greek system under the name of e&r'lTs, and
is, that the quad/raztal should contain 80 pounds  which stands to the several measures now menof wine%, and the conlgizes 10; and that the sexta-  timoed in the foilowing relations:
rtins should be 1-6th of the coengis, and 1-48th of               1. Liquid Mlfeeasusres.
the quasc/dcrttal.  The quadrantal  xwas subdivided
into 2 eurlcnae, 8 congi, 48 sexlasii,s  96 heiniiat,  The Rolan qusedsti/l         48 sextarii
192 qtaartarii, 384 aeetabla, 576 cyathi, and 2304, Attic metrtes         =         is
liglcdae. As compared with the Roman dry measure,, Aegietan,                1,,
the quadrcantal was three times the rmodians.  The                2. Dry A'feaseies.
only measure larger than the qu2adcrantal was the
c/dleus of 20 amplorae, which wa-s used, as well as
the amphora itself, in estiimatinag the' produce of a,,  Attic  tiediinIs         96
vineyard.  [CCLTEtrs: comp. AMPHORA sub fin.]          jj   eginetsn,  144
The quadrantal was connected with the mea- The  i4'rs, or Roiian sextaries, is inot to be ceonsures of length, by the law, that it xwas the cube  founded with the genuine Attic  I-'cuss or sixtA,
of the foot, whence its name qcuadratatl, or, as of' te inediin2zts,     which was equal to the Romanl
other writers give it (using the Greek Kuios in- modius.  (OnI the whole of this part of the' substead of the Latin quladractiial)  aniphora7 cubus. ject, see BickL, cc. iii xi. xv, —vii.)
From  the preceding remarks it will: be seen
- The RIomans were aware that there is a differ- that the only safe mode of computing the content
ence in the specific gravity of wxine and of water, of the amphora in terms of our own measures of'
and iln the didfrsent sorts of each, but, for the sake  capacity is by deducing it from. the value already
of simplicity they regarded them  as of the same  assigned to the Roman pound, on the authority
specific gravity: when, however, they wished a  chiefly of the coins.  That value may be taken, in
very exact determination. they used rain water. round numbers, at 050  grains.  Now  the im(Bi ckhI c. 3.)                                   perial gallon contains 70,000 grains.  Thiereftod




9s0.QUAESTOII.                                          QIUAESTOIR.
othe.Ron amp ilhora   / 5050 x  _80,            fulcltions of both classes of officers: " Quaiestores
h   7e a-0 00     7  i0-  a quaerendclo, qui conquirerent publicas pecllidas et
perial gallons, or a little more than 5- gallons, or nialeticia."  The one class therefore had to de
than 5 gallons and 6 pints.  If we were to make  with the collecting and keeping of the public rethe computation directly from thle congius of Ves-  venues, and the others were a kind of public acpasian, we should have a somewhat higher value; cnsers.  The former bore the name of quaestores
which, as has alreadv been shown under PONDERA, classici, the latter of quaestores parricidii. (Dig. 1.
arises -probably from a source of error.  On the  tit. 2. s. 2. ~ 22, 23.)
other hand, the computation from the Roman cubic    The  2ICuestores parcricidii were, as we have said,
foot gives a somewhat lower value [PONDERA]; puoblic accusers, two in number, who conducted the
but, as already intimated, it is very doubtthl  accusation of persons guilty of murder or any other
whether the true content of the amphora was ex- capital offence, and carried the sentence into exeactly a cubic foot, and in fact, if Bickh be right, cution. (Festus,s. v. Paici and Quaestores; Liv-.
it was a little more.  At all events, the value of 5  ii. 41; Dionys. viii. 77.)  There are man  points
gallons 6 pints is quite near enough to the truth  which might make us inclined to believe that the
forall the purposes of the classical student. (See  qInaestores parricidii and the' duumviri perduelthe Tables.)  On the other hand, if we were to  lionis were the same officers; but a closer esamireckon the quadrantal at exactly 6 gallons, and  natioll shows that the former were a permanent
consequently the sextarizss, which is the simall unit t agistracy, while the latter were appointed only
of the system, at exactly 1 pint (instead of'f96) o   special emllergencies.  [ See PERDUELLIONxS
we' should' obtain a system  so extremeli simple, DuUlVlmli.] All testimonies agree that these puband with so small a limit of error (narnely less lic accusers existed at Rome during the period of
than  -Ao in a pint), that it would probably 1e the kinos, tho.ulgh it is impossible to ascertain by
allowable to adopt it in the ordinary reading  of the  which king they were instituted (Fest. I. c.; Tacit.
classic authors; indicating, however, the small Alnnltl. xi 22; Dig. 1. tit. 13), as some mention
error, by prefixing in each case the words c little less themi in the reigni of Ronmulus and others in that
than; and correcting it, when the nusmbers are laroe,  of Ninna.  When Ulpian takes it for certain that
by talking from the resutlt 1-25th of itself. [P. S.  they occurred inl the time of Tullus Hostilius, lie
QUADRI'GAE.  [CuRRats, p. 379.]                i appears to confound them, like other writers, with
Q(IJADRIGAE'UTCS.      [DEN.RIUS.1             i the dusunaviri perduellionis, who in this reign acted
QUADRIRE'MES.  [NAVIS, p. 785, b.]              as judges in the case of Horatius, who had slain
QUA'DRUPES.  [PAUPERIES.c]                      his sister.  During the kingly period there occurs
QUADRUPLATOR'ES, public inforlmers or no instance in which it could be said with any
accusers, were so called, either because they re.- certainty, that the quaestores parricidii took a part.
ceived a fourth part of the criminal's property, or As thus everything is so uncertain, and, as late
because those who were convicted were condemned  writers are guilty of such manifest confusions, we
to pay fourfold (quadrlshZi damcnci), as in cases of can say no more than that such public accusers
violation of the laws respecting gambling, usury, existed, and infer from the analogy of later times
&c. (Pseudo-Ascon, in ic. Divin. p. 110, ic-Veln2. that they were appointed by the populus on the
ii. p. 208, ed. Orelli; Vestus, s. v.)  We know  presentation of the king.   iln the early period of
that onI some occasions the accuser received a the republic the quaestores parricidii appear to have
fourth part of the property of the accused (Tac. become a standing office,' which, like others, was
Ann. iv. 21); but the other explanation of the word  held only for one year. (Liv. iii. 24, 25.)  They
may also be correct) because usurers, who violated  were appointed by the populls or the curies on
the law, were subjected to a penalty of four times the presentation of the consuls.  (Dig. 1. tit. 2.
the amoulnt of the loan. (Cato, de Re Rust. init.) s. 2 ~ 23; Tacit. 1. c.) Wheis these quaestores disWVhen the general right of accusation was given, covered that a capital offence had been committed,
the abuse of which led to the springing up of the  they had to bring the charge before the comlitia
Quadruplatores, is uncertain;  but originally all for trial. (Liv. iii. 24; Dionys. viii. 75.) They confines went into the common treasury, and while  Yoked the comitia throtugh the person of a trumthat was the ease the accusations sno doubt were  peter, who proclaimed the day of meeticg fieo m the
brought on behalf of the state.  (Niebuhr, Hist. capitol, at the gates of the city, and at the house of
of Rone, vol. ii.- p. 37.)  Even under the republic  tIhe accused. (Varro, de Lizg. Lat. vi. 90, ed. Millan accusation of a public officer, who had merited  ler.) When the sentence had been pronlounced by
it by his crimes, was cornsidered a service ren-  the people, the quaestores parricidii executed it;
dered to the state; the name of Quadruplatores  thus they thliew Spurius Cassius from the Tarpeian
seems to have been given by way of contempt to  rock. (Dionys. viii. 77; Liv. ii. 41; Cic. de Re"
mercenary or false accusers. (Cic. Div. ii. 7, c. Jer-r.  Pccbt. ii. 35.)  They were mentioned in the laws
ii. 7; Plait. Pens. i. 2. 10; Liv. iii. 72.)  Seneca  of the Twelve Tables, and after the time of tlh
(de Beneft vii. 25) calls those who sought great decemvilate they still continued to be appointed,
returns for small favours, Quacbluplatoes Ienefi- though probably no longei by the curies, but eiter
ccoei nM SUto'sUms.                                in the comitia centuriata or tributa, twhich they
QUADRLTPLTICATIO.  [ACTrI1.]                    therefore must also have had the iight to assemble
QUADRUSSIS.  [As.]                              in cases of emetgency. (Varro, de Liniy. Lat. vi. 9.)
QUAESTIONES,  QUAESTIOWNItS  PER-'this appears to be implied in the statensent of
PETUAE.   [JUDEX, p. 648, b;  PRaETOR  Tacitus, that in the year 447 B. c. they were
p. 957, a.]'                                       created by the people without any presentation of
QUAESTOR  is a name which was given to  the consatls.  Fronil the year 366 B. c. they are no
two distinct classes of Ronman officers.  It is de- longer menltioned in Roman history, as their flunc.
rived from  quaero, and Varro (De Lin#g. Lat. v. tioins were gradually transferred to the triumviri
t31 gives a definition Which embraces the principal  capitales. (Val, Max. r. 4, ~ 7, v:iii.  ~ 2; Sailust1




QUAESTOR.                                           QUAESTOR                     981
(Cat. 55  TRIur>IvlRI CAPITALES), and partly to  of quacstor had undoubtedly, as in later times, the
the aediles and tribunes.  (AEDILEs, TRIBUNI; right to take his seat in the senate, unless he was
Niebuhr, Iist. of Rome, vol. iii. p. 44; Zachariae,' excluded as unworthy by the next censors.  And
Salla, als Orderer, &c. vol. ii. p. 147, &c.)  The  this was probably the reason why the patricians so
quaestores parricidii have not only been confounded  determinately opposed the admission of plebeians
with the dunmviri perduellionis, but also with the  to this office.  [SENATUS.]  Henceforth the conquaestores classici (Tacit. 1. c.; Zonar. vii. 13, &c.), stils, whenever they took the field against an enemny,
and this probably owing to the fact, that they  were accompanied by one quaestor each, who at
ceased to be appointed at such an early period, and  first had only to superintend the sale of the booty,
that the two kinds of quaestors are seldom  dis-  the produce of which was either divided among
tinguished in ancient writings by their character-  the legion, or was transferred to the aerarium.
istic epithets.  (Becker, HIcodb. de- Rlioe. Alterlt.  (Liv. iv. 53.)   Subsequently  however we find
vol. ii. pt. ii. p. 228, &c.)                       that these quaestors also kept the funds of the
The qcuaestores classici were officers entrusted  army, which they had received from. the- treasury
with the care ofthe publicmoney. It is established  at Rome, and gave the soldiers their pay; they
by the clearest possible evidence, that during the  were in fact the pay-masters in the army. (Polyb.
k1ingly period this magistracy did not exist (Liv. iv. vi. 39.)  The two other quaestors, who remained
4; Plut. Popl. 12), and it would seem that a con-  at Rome, continued to discharge the same duties
siderable time elapsed after the expulsion of the  as before, and were distinguished from  those who
kings, before this magistracy was instituted. Their  accompanied the consuls by the epithet usrbani. lie.
distinguishing epithet classici is not mentioned by  the year B. c. 265, after the Romans had made
any ancient writer, except Lydus (De lVcag. i. 27), themselves masters of Italy, and when, in consewho however gives an absurd interpretation of it. quence, the administration of the treasury,and the
Niebuhr (vol. ii. p.430) refers it to their having been  raising of the revenues became more laborious and
elected by the centuries ever since the time of Va-  important, the number of quaestors was again
lerius Publicola, who is said to have first instituted  doubled to eight (Lyd. de Mea. i. 27; Liv. Epit.
the office.  (Plat. 1'bl. 12.)  They were at first lib. 15; Niebuhr, vol. iii. p. 645); and it is pro-.
only two in number, and of course taken only from   bable that henceforth their number continued to be
the patricians.  As the senate had the supreme  increased in proportion as the empire became exadministration of the finances, the quaestors were  tended. One of the eight quaestors was appointed
in some measure only its agents or paymasters, for  by lot to the quCtesteraCe ostiensis, a most laborious
they could not dispose of any part of the public  and important post, as he had to provide Rome
money without being directed by the senate. Their  with corn.  (Cic. pro Al/uren. 8, pro Sext. 17.)
duties consequently consisted in making the neces-  Besides the quaestor ostiensis, who resided at Ostia,
sary payments from  the aerarium, and receiving  three other quaestors were distributed in Italy to
the public revenues.  Of both they had to keep  raise those parts of the revenue which, were not.
correct accounts in their tablue publuicare. (Polyb.  farmed by the publicani, and to control the latter.'
vi. 13.)  Demands which any one might have on  One of them  resided at Cales, an:d'the two  others
the aerarium, and outstanding debts were likewise  probably in towns on the Upper Sea. (Cic. in Vat.
registered by them.  (Psecudo-Ascon. in Veeriez. p.  5.)  The two remaining quaestors, who were sent
158, Orelli; Plut. Cut. l/in. 27.)  Fines to be  to Sicily, are spoken of below.
paid to the public treasury were registered and ex-    Sulla in his dictatorship raised the number of:
acted by them.  (Liv. xxxviii. 60; Tacit. Alenal.  quaestors to twenty, that he might have a  large
xiii. 28.)  Another branch of their duties, which  number of candidates for the senate (senatoi ex-.
however was likewise connected with the treasury, plendo, Tacit. Annal. xi. 22), and Julius Caesar evell
was to provide the proper accommodations for  to forty. (Dion Cass. xliii. 47, 51.)  In the year
foreign ambassadors and such persons as were con-  B. c. 49 no quaestors were elected, and Caesar'
nected with the republic by ties of public los-  transferred the keeping of the aerarium  fo the
pitality.  Lastly they were charged with the care  aediles.  From this time forward the treasury was
of the burials and monmnents of distinguished  sometimes entrusted to the praetors, sometimes to
men, the expenses for which had been decreed by  the praetorii, and sometimes again to quaestors.
the senate to be defrayed by the treasury.  In the  [AERAaRIUM.]  Quaestors however, both in the
aerarium, and consequently under the superintend-  city and inI the provinces, occur down to the latest
ence of the quaestors, were kept the books in which  period of the empire.  Some of them bore the title
the senatus-consulta were registered (Joseph. Ant.  of canclidati prinscipis, and their only  duty was
Jud. xiv. 10. 10; Plut. Cat. Min. 17), while the  to read il the senate the commueiications which,
original documents' were in the keeping of the  the princeps had to make to this assembly (libri
aediles, until Augustus transferred the care of them   prisLcipales, epistolae principis, Dig. 1. tit. 13. ~ 2
also to the quaestors. (Dion Cass. liv. 36.)        and 4; Lyd. dle Mtg. i. 28; Lamprid. Ale. Sev.
In the year B. c. 421 the nmnber of quaestors  43; Plin. lEist. vii. 16).  From  the time of the
iwas doubled, and the tribunes tried to effect by an  emperor Clalidins all quaestors, on entering their
amendment of the law that a part (probably two)  office,' were obliged to give gladiatorial games to
of the quaestores should be plebeians. (Liv. iv. 43;  the people, at their own expense, whereby the
Niebuhr, vol. ii. p. 430, &c.) This attempt was in-  office became ilaccessible to any one except the
deed frustrated, but the interrex L. Papirius effected  wealthiest individuals.  (Suet. Claud. 24; Tacit.
a compromise, that the election should not be. re- Alnsual. I.c. xiii. 5; Suet.  Doomit. 4; Lamprid.
stricted to either order.  After this law was car-  Alex. Sev. 43.) )When Constantinople had beried, eleven years passed without ally plebeian  come the second capital of the empire,,it received
being elected to the office of quaestor, until in B. C. like Rome its quaestors, rwho had tpo gtive games to'
409, three of the four quaestors were plebeians. the people on enteringo  upon their office;- but
(Liv. iv..5F.)  A person who had held the office  they were probablyl, like the praetors, elected by
aR t3 




982         QUANTI MINORIS.                                       QUINQTJATRUS.
the senate and only announced to the emperor.  mligllt be  lroulght as often as a new defect was dis.:(Becker, Hancldb. der Rias. Altertls. vol. ii. pt. ii. p. covered; but the purchaser could not recover the
332, &c.; Wralter, Gesch. des ROmz. Reclats, p. 371.)  value  of the same thing twice.   [ErAlTo   ET'
The proconsul or praetor, who had the adminis-  VENDITIO.]   (Dig. 21. tit. 1; 44. tit. 2. s. 25.
tration of a province, was attended by a quaestor.  ~ 1.)                                  [G. L.]
This quaestor had undoubtedly to perform the same    QUARTA'RIUS, a Roman measure of capacity,
functions as those who accompanied the armies into  one fourth of the sextarius, and consequently a
the field; they were in fact the same officers, with  little less than a quarter of a pint imperial.  It is
the exception that the former were stationary in  also found in the Greek system of liquid measures
their province during the time of their office, and  under the name of -ri'apror.          [P. S.]
had consequently rights and duties which those    QUASILLA'RIAE.  [CArATHUS.]
Awho accompanied the armies could not have.  In    QUASILLUM.  [CALATIIuS.]
Sicily, the earliest Roman province, there were    QUATUORVIRI JURI DICUNDO. [Cotwo quaestors answering to the two former divi-  LONIA, p. 31 8, b.]
sions of the island into the Carthaginian  and    QUATUORVIRI  VIARUM   CURANDA.
Greek territory. The one resided at Lilybaeum, RUM.  [VIAE.]
the other at Syracuse.  Besides the duties which    QUERE'LA  INOFFICIO'SI TESTAMENthey had in common with the pay-masters of the  TI.  [TESTATIENTU11.]
armies, they had to levy those parts of the public    QUINA'RIUS.  [DENaRIUS.]
revenue in the province which were not farmed by    QUINCUNX.  [As, p. 140, b.]
the publicani, to control the publicani, and to for-    QUINDECIMVIRI. [DECEasVIRI, p. 387, a.]
ward the sums raised, together with the accounts    QUINQUAGE'SIMA, the fiftieth or a tax of
of them, to the aerarium.   (Pseudo-Ascon. in  two per cent. upon the value of. all slaves that
FVerin. p. 167, Orelli.)  In the provinces the  were sold, was instituted by Augustus according
quaestors had the same jurisdiction as the curule  to Dion Cassius (lv. 31).  Tacitus (xiii. 31),
aediles at Rome.  (Gaius, i. 6.)  The relation ex — however, mentions the twenty-fifth or a tax of
isting between a praetor or proconsul of a province  four per cent. upon. the sale of slaves in the time of
and his quaestor was according to ancient custom   Nero: if both passages are correct, this tax must
regarded as resembling that between a father and  have been increased after the time of Augustus,
his son.  (Cic. Divin. 19, c.  Ver r. ii. 15, pro  probably by Caligula, who, we are told by Suetonius
Plane. 11, ad Fans. iii. 10.)  When a quaestor  (ia vita, c. 40), introduced  many new  taxes.
died in his province, the praetors had the right to  (Burmann, de Vectig. p. 69, &c.)
appoint a proquaestor in his stead (Cic. c. V'e7r. 1. c.),    We are also told by Tacitus (A ns. xiii. 51) that
and when the praetor was absent, the quaestor  Nero abolished  the Quinquagesima; this must
supplied his: place, and was then attended by lic- have been a different tax from the above-mentioned
tors. (Cic. ad Fans. ii. 15; pro Plane. 41.)  In  one, and may have been similar to the Quinquawhat manner the provinces were assigned to the  gesima mentioned by Cicero (c. aVerr. iii. 49) in
quaestors after their election at Rome, is not men- connection with the Aratores of Sicily.
tioned, though it was probably by lot, as in the case    A duty of two per cent. was levied at Athens
of the quaestor ostiensis.  But in the consulship of upon exports and imports.  [PENTECOSTE.]
Decimus Drusus and Porcina it was decreed that    QUINQUATRUTS  or QUINQUA'TRIA, a
the provinces' should be distributed among the  festival sacred to Minerva, which was celebrated
quaestors by lotex senalzs consuzlto. (Dig. 1. tit. 13. on the 19th of March (a. d. xIv. Kal. Apr.), and
~ 2; Cic. c. Verrs. ii. 1. 13.)  During the time of was so called according to Varro (de Ling. Lat. vi.
the empire this practice continued, and if the  14, ed. Miiller), because it was the fifth day after
number of quaestors elected was not sufficient for the Ides, in the same way as the Tusculans called
the number of provinces, those quaestors of the  a festival on the sixth day after the Ides Sexatrus,
preceding year, who had had no province, might be  and one on the seventh Septimatrus.  Gellius (ii.
sent out.  This was, however, the case only in the  21) and Festus (s. v.) also give the same etymology,
provinces of the Roman people, for in those of the  and the latter states that the Faliscans too called a
emperors there were no quaestors at all.  In the  festival on the tenth day after the IdesDeimnatSr-s.
time of Constantine the title of quaestor scacrai palstii (Comp. Miiller, Etruasker, vol. ii. p. 49.) Both Varro
was given to a minister of great importance, whose  and Festus state that the Quinquatrus was celeoffice probably originated in that of the candidati  brated for only one day, but Ovid (Fast. iii. 809,
principis.  Respecting his power and influence see  &c.) says that it was celebrated for five days, and
Walter, Geseol. d. Rb'm. R. p. 365.     [L.S.]    was for this reason called by this name: that on
QUAESTO'RII LUDI. [LUDa QuAEsToRIa.]  the first day no blood was shed, but that on the
QUAESTO'RIUM.   [CASTRA, pp. 249, a, last four there were contests of gladiators.   It
253, b.]                                           would appear however from the above-mentioned'
QUALES-QUALES.  [SEaRvUS.]                       authorities that the first day was only the festival
QUALUS.  [CAISATHUS.]                            properly so called, and that' the last four were
QUANTI MINO'RIS  is an actio which a  merely an addition made perhaps in the time of
buyer had against the seller of a thing, in respect  Caesar to gratify the people, who became so pasof any non-apparent faults or imperfections, at the  sionately fond of gladiatorial combats. The ancient
time of the sale, even if the seller was not aware  Calendars too assign only one day to the festival.
of them, or for any defects in the qualities of the    Ovid (1. c.) says that this festival was celebrated
thing which the seller had, warranted: the object in commemoration of the birth-day of Minerva 
of the actio was to obtain an abatement in the  but according to Festus it was sacred to Minerva
purchase-money.  This action was to be brought because her temple on the Aventine was consewithin a year. or within six months, according as  crated on that day.  On the fifth day of the festhere was a Cautio or iiot. The actio quanti minoris  tival, according to Ovid (iii. 849), the trumpets




QUIRINALIA.                                  QUORUMI BONORUM.                    983
used in sacred rites were purified; but this seems  ( e Lhg/. Lat. vi. 13, ed. Miiller.)   This festival
to have been originally a separate festival called Tt,-  was also called Stultrtozum ftI'iae, respecting tllg
bilustsiume (Festus, s. v.; Varro, I. c.), which was  meaning of which see FORNACALIA.
celebrated as we know from the ancient Calendars    QUIRINA'L1S FLAMEN.  [FLAMIEN.J
on the 23d of March (a. d. x. Cad. Apre.), and    QUlRI'TES,  QUIRI'TI          UM   JUS.   [Jvs,
would of course, when the Quinquatrus was ex-  p. (658, a.]
tended to five days, fall on the last day of that    QUOD  JUSSU, ACTIO.   [Jussu, QuoD,
festival.                                          ACTI1.]
As this festival was sacred to Minerva, it seems    QUORUM  BONORUM, INTERDICTUM.
that women were accustomed to consult fortune.  The object of this interdict is to give to the Praetellers and diviners upon this day.  (Plaut. ilil.  torian heres the possession of anything belonging
iii. 1. 98.)  Domitian caused it to be celebrated  to the hereditas which another possesses pro heevery year in his Alban Villa, situated at the foot rode or pro possessore. The name of this Interdict
of the hills of Alba, and instituted a collegium to  is derived from the introductory words, and it runs
superintend the celebration, which consisted of as follows: "Ait Praetor: Quorum  bonorum  ex
the hunting of wild beasts, of the exhibition of edicto meo illi possessio data est: quod de his
plays, and of contests of orators and poets.  (Suet. bonis pro herede aut pro possessore possides, posDosm. 4.)     -                                    sideresve si nihil usucaptum  esset: quod quidem
There was also another festival of this name  dolo malo fecisti, uti desineres possidere: id illi
called Qesnquatrus iliinusculae or Qzinquzat)us AfRi-  restituas."  The plaintiff is entitled to this Inter.
cores, celebrated on the Ides of June, onil which  diet when he has obtained the Bonorum  Possessiol
the tibicines went through the city ill procession  and when any one of the four following conditions
to the temple of Minerva. (Varro, de Ling. Lat. apply to the defendant.
vi. 17; Ovid. East. vi. 651, &c.; Festus, p. 149,    1. Quod de his bonis pro herede,
ed. Miitler.)                                        2. Aut pro possessore possides,
QUINQUENNA'LIA, were games instituted              3. Possideresve si lihil uslucaptum esset,
sby Nero A. D. 60, in imitation of the Greek festi-    4. Quod quidem  dolo malo fecisti, uti desineres
vals, and celebrated like the Greek reVTra5E-TOqpL8e  possidere.
at the end of every four years: they consisted of    The two first conditions are well understood,
musical, gymnastic, and equestrian contests, and  and apply also to the case of the hereditatis petitio.
were called NeLonia.  (Suet. Ver. 12; Tac. Ans. The fourth condition also applies to the case of the
xiv. 20; Dion Cass. lxi. 21.)   Suetonius and  hereditatis petitio and the rei vindicatio; but inTacitus (ll. cc.) say that such games were first in- stead of" quod quidem " the reading " quodque
troduced at Rome by Nero.  The Qsisqzuennalia, has been proposed, which seems to be requiredb
which  had  previously  been instituted both in  for No. 4 has no reference to No. 3, but is itself a
honour of Julius Caesar (Dion Cass. xliv. 6) and  new condition.  The words of No. 3 have caused
of Augustus (Id. Ii. 19; Suet. Aug. 59, 98), were  some difficulty, which may be explained as folconfined to the towns of Italy and the provinces. lows.
The Quinquennalia of Nero appear not to have    In  establishing  the Bonorum  Possessio, the
been celebrated after his time, till they were re-  Praetor intended to give to many persons, such as
vived again by Domitian in honour of the Capi-  emancipated children and Cognati, the same rights
teline Jupiter. (Suet. Doms. 4.)                   that the heres had; and his object was to accomQUINQUENNA'LIS. [COLONIA, p. 318, b.]  plish this effectually.  The Roman heres was the
QUINQUERE'MIS.  [NAVIS, p. 785, b.]    representative of the person who had died and left
QUINQUE'RTIUM.  [PENTATHLON.]                   an hereditas, and by virtue of this representative
QUJINQUEVIRI, or five commissioners, were  or juristical fiction of the person of the dead having
frequently appointed under the republic as extra-  a continued existence in the person of the heres,;rdinary magistrates to carry any measure into  the heres succeeded to his property and to all his
effect.   Thus Quinquevicii MAensarii, or public  rights and obligations.  In the matter of rights
bainkers,  were occasionally appointed in times of and obligations the Praetor put the bonorum  posgreat distress [MENSAR  II; the same number of sessor in the same situation as the heres by allowcommissioners was sometimes appointed to super-  ing him to sue in respect of the claims that the
ilteind the formation of a colony, though three (t'in-  deceased had, and allowing any person to sue him
snsisvs'i) was a more common number.  [COLONIA, in respect of claims against the deceased, in an
p. 315, b.]  Wre find too that Quinqueviri were  actio utilis or fictitia.  (Ulp. Fr-ag. tit. 28. s. 12
created to superintend the repairs of the -walls and  Gaius, iv. 34.)  In respect to the property, accordof the towers of the city (Liv. xxv. 7), as well as  ing to the old law any person might take possesfor various other purposes.                        sion of a thing belonging to the hereditas, and acBesides the extraordinary commissioners of this  quire the ownership of it in a certain time by usucaname, there were also permanent officers, called  pion. (Gaius, ii. 52-58.)  The persons in whose
Quinqueviri, who were responsible for the safety  favour the Praetor's edict was made could do this
of the city after sunset, as it was inconvenient for as well as any other person; but if they found any
the regular magistrates to attend to this duty at other person in possession of anything belonging
that time: they were first appointed soon after the  to the hereditas, they could neither claim it by the
war with Pyrrhus.  (Dig. i. tit. 2. s. 2. ~ 31.)   vindicatio, for they were not owners, nor by the
QUINTA'NA.  [CASTRA.]                           hereditatis petitio, for they were not heredes.  To
QUIRINA'LIA, a festival sacred to Quirinus, meet this difliculty the Interdictum Quoruml Bonowhich was celebrated on the 17th of February  rum  was introduced, the object of which was to
(a. d. xmII. Cal. Alart.), on which day Romulus  aid the Bonorum Possessor in getting the possession
(Quirinus) was said to have been carried up to  (whence the title of the Interdictum adipiscendae
seaven. (Ovid. Fast. ii. 475; Festus, s. v.; Varro. possessionis) and so commencing the usucapion,
3R 4




984         QUORUM BONORUM.                                          RIECE PTA.
If he lost the possession before the usucapion was
complete, he could in most cases recover it by the                         R.
Possessorial Interdicts, properly so called, or by
other legal means.  This, according to Savigny, is   JIAMNES, RAMNENSES.  [PATRcli.L
the origin of the Bonorum Possessio.                 RAP I'NA.  [BONA RAPTA*; FURTUsI.]
In course of time when Bonitarian ownership        RASTER orlRASTRUM, dim. RASTELLUS,
(in bonis) was fully established and co-existed with  RALLUS, RALLUM   (5voTwsp), a spud (scQuiritarian ownership, this new kind of ownership  prose); a rake, a hoe.  Agreeably to its deriwas attributed to the Bonorum Possessor, after he  vation from redo, to scrape, "Raster " denoted a
had acquired the Bonorurm Possessio, and thus all hoe which in its operation and in its simplest form
that belonged to the deceased ex jure Quiritium be- resembled the scrapers used by our scavengers in
came his in bonis and finally by Usucapion, ex jure  cleansing the streets.  By the division of its blade
Quiritium; though in the mean time he had most into tines or prongs, it assumed more of the form
of the practical advantages of Quiritarian ownership. of our ga(rden-rakes, and it wvas distinguished by the
Ultimately the Bonorum Possessio came to be con-  epithets hidens and quadridens (Cato de Re Rust,
sidered as a species of hereditas, and the like forms  10) according to the number of the divisions.
of procedure to those in the case of the real heieditas    The iraster bidens was by far the most common
were applied to the case of the Bonorum Possessio:  species,. and hence we frequently find it mentioned
thus arose the possessoria hereditatis petitio, which  under the simple name bidens.  (Juv. iii. 228.)
is mentioned by Gains, and cannot therefore be of This term  corresponds to the Greek  iKceXXa, for
later origin than the timb of Marcus Aurelius.  which a5s1tjVe' was substituted in the Attic dialect.
Thus the new  form  of procedure, which would  (Xen. C yrop. vi. 2. ~ 34, 36; Aristoph. Netb.
have rendered the Interdict Quorum Bonorum un-  1488, 1502, Aves, 601; Phryn. Eclog. p. 302, ed.
necessary, if it had been introduced sooner, co-  Lobeck; Plato, Repub. p. 426, f; Tim. Lex. Plat.
existed with the Interdict, and a person might s. v.). The bidens was used to turn up the soil,
avail himself of either mode of proceeding, as he  and thus to perform on a smnall scale the part of a
found best. - (Gaius, iii. 34.)  In the legislation  plough. (Plin. H. N. xvii. 9. s. 6.)  But it was
of Justinian, we find both forms of procedure men: much more commonly used in th.e worki called
tioned, though that of the Interdict had altogether  occatio, i. e. the breaking down of the clods after
fallen into disuse. (Inst. 4. tit. 15.)            plouglling. (Virg. Geosg. i. 94, 155.)  [AGRICULAccording to the old law, any possessor, without TURA, p. 52, a.]  Hence it was heavy. (Ovid. 1nef.
respect to his title, could by usucapions pro herede  xi. 101.)  The prongs of the bidesis held by the
obtain the ownership of a thing belonging to the  rustic in the woodcut at p. 849 are curved, which
hereditas; and of course the Bonorum Possessor  agrees with the description of the saine implemnent
was exposed to this danger as much as the Heres.  in Catullus (lvi. 39).   Vine-dressers continually
If the time of Usucapion of the possessor was not used the bidens in hacking and breaking the
interrupted by the first claim, the heres had no  lumps of earth, stirring it, and collecting it about
title to the Interdict, as appears from its terms, for the roots of the vines. (Virg. Georg. ii. 355, 400
such a possessor was not included in No. 1 or 2, Col. de Re Rust. iii. 13, iv. 14, G'eopon. v. 25.) In
Hadrian (Gaius, ii. 57) by a senatusconsultumn  stony land it was adapted for digging trenches,
changed the law so far as to protect the heres  whilst the spade was better suited to the purpose
against the complete usucapion of an Improbus Pos-  when the soil was full of the roots of rushes and
lessor, and to restore the thing to hios.  Though   other plants.  (Plin. H. N. xviii. 6. s. 8; Suet.
the words of Gaius are general, there can be no  Nero, 19.)  [PAIA.]   Wooden rakes were somedoubt that the Senatusconsultumn of Hadrian did  tinmes used. (Col. de ie Rist. ii. 13.)    [J. Y.]
not apply to the Usucapion of the Bonoruni Pos-    RATES.  [NAVIS, p. 783, a.]
sessor ilor to that of the Boonae fidei possessor.    RATIO'NIBUS DISTRAHENDJS ACTIO.
Now if we assume that the Senatusconsultumn of [TUTELA.]
Hadrian applied to the Bonorum  Possessor also,    RECEPTA; DE RECEPTO, ACTIO.  The
its provisions must have been introduced into the  Praetor declared that he would allow an action
formula of the Interdict, and thus the obscure pas- against Nautae, Caupones, and Stbbularii, in resage No. 3 receives a clear meaning, which is this:  spect of any property for the security of which
You shall restore' that also which you no longer they had undertaken (recepesi2st, whence the namile
possess pro possessore, but once so possessed, and  of the: action) if they did not restore it.  The
the possession of which has only lost that quality  mieaning of the term  Nauta has been explained
in consequence of a lucrativa usucapio. According  [ExERCITORIA ACTIO]: the meanisng of Cauipo
to this explanation the passage No. 3 applies only  follows from the description of the business of a
to the new rule of law established by the Senatus-  Caupo. (Dig. 4. tit. 9. s. 5.)  " A Nauta, Caupo,
consultum of Hadrian, which.allowed the old usu-  and Stabularius are paid not for the care which
capion of the improbus possessor to have its legal they take of a thing; bit the Nauta is paid for
effect, but rendered it useless to him by compelling  carrying passengers; the Caupo for permitting
restitution.  In the legislation of Justinian conse- travellers to stay in his Casupona; the Stabularins
quently these words have no meaning, since that for allowing beasts of burden to stay in his stables,
old usucapion forms no part of it; yet the words  and yet' they are bound for the security of the
hlave been: retained in the compilation of Justinian, thing also (custodiae nomine tesentur)."  The two
like many others belonging to an earlier age, latter actions are similar to such actions as arise
though in their new place they are entirely devoid  among us agaiinst innkeepers, and'livery stable
of meaning.' keepers, on whose prelnises loss or injury has beeni
Jio (Savigny, ULeber des Interdict Quorlum Bonorum, sustained with respect: to the property of persons
Zeittschrft, &c. vol. v.; Dig. 43. tit. 2; Gaius, iv. Which they have by legal: implication undertaken
144)                                   [G. L.J    the care of.  At first sight there seems no reason




REDHIBITORIA ACTIO.                                        REGGULA.                   9is5
for these Praetoriae actiones, as the person who  Aediles, hle ought to have been acquainted w'th;
lhad sustained loss would either have an  actio  or for aly defect in the qualities of the thing which
locati and conducti, in cases where payment had  the seller had warranted.  The seller was answerbeen agreed on, or an actio depositi, where no pay-  able even if he was not aware of the defects.
ment had been agreed on; but Pomponius suggests  "Redhibere," says Ulpian,'  is so to act that the
that the reason was this: in a matter of Locatumn  seller shall have back what he had, and because
and Conductum, the receiver was only answerable  this is done by restoration, for that reason it is
for loss in case he was guilty of Culpa; and in a  called' Redhibitio,' which is as much as to say
matter of Depositum, only in case he xxYas guilty of' Redditio.'"
Dolus Malus; but the receiver was liable to these    The effect of the redhibitio was to rescind the
Praetoriae actiones, if the thing was lost or injured  bargain and to put both parties in the salne coneven without any Culpa on his part, and he was  dition, as if the sale had never taken place.  The
only excused in case of Damnunll fatale, such as  time allowed for prosecuting the actio redhibitoria
shipwreck, piracy, and so forth.                   was " sex menses utiles," when a cautio had been
these praetorian actions in factum were either  given, which were reckoned from the day of sale
" rei persecutoriae" for the recovery of the thing,  or fiom the time when any statement or promise
or "poenales " for damages. The former action  had been made relating  to the matter (dictumt
might be maintained  against the heres of the.promissumVee, the words of the Edict).  If there
Nauta, Caupo, or Stabularius. The Exercitor of a  was no cautio, the time allowed was two months.
ship was answerable for any loss or damage caused  (Dig. 21. tit. 1.)                     [G. L.]
to property,  which he hbad received in the legal    REDIMI'CULUM  (lca06?mp), a fillet attached
sense of this term, by any person in his employ-  to the Calantica, Diadema, Mitra, or other headment. The actio against him was in duplunm.  The  dress at the occiput, and passed over the shoulders,
liability on the part of Caupones and Stabularii  so as to hanlg on each side over the breast. (Virg.
was the same: a cauLpo for instance was answer-  Aen. ix. 616; Ovid. _Met. x. 265.)  Redimicula
able for loss or damage to the goods of any traveller,  were properly female ornaments (Festus, s. v.;
if caused by those who were dwelling or employed  Ovid. Epist. ix. 71; Juv. ii. 70; Prudent. Psychoae.
in the causpona, but not if caused by a mere tra-  448); and in the statues of Venus they were imiveller.  The actio for damages could not be main-  tated in gold. (Ovid. Fast. iv. 135-137.) [J. Y.]
tained against the heres.  (Dig. 4. tit. 9; Peckii    REGIA  LEX.  [LEx REGIA.]
In Titt.  Dig(. et Cod.  Ad rem nauticam  perti-    REGIFU'GIUM  or FUGA'LIA, the king's
nentes Commentarii, &c. Amstel. 1668.)             flight, a ifestival which was celebrated by the Romans
As to the passages in the Digest (4. tit. 9. s. 1. every year on the 24th of February, and according
~ 1, nd 47. tit. 5. ~ 6) see Vangerow, Peandlekten,  to Verrius (ap. Feet. s. s. v. Reeifgie7n) and Ovid
&c. iii. p. 436.                                   (Fast. ii. 685, &c.) in commemoration of the flight
There is a title in the Digest (4. tit. 8), De Re-  of king Tarquinius Superbus from  Rome.  The
ceptis, qui arbifiium  receperunt ut sententiam   day is marked in the Fasti as nefastus.  In some
dicant.  When parties who had a matter to liti-  ancient calendaria the 24th of May is likewise
gate, had agreed to refer it to an arbitrator, which  called Regifugium, and in others it is described as
reference was called Compromissum, and a person  Q. Rex. C. F., that is, " Quando Rex comitiavit,
had accepted the office of arbitrator (arb'its'iza re-  fas," or " Quando Rex comitio fugit."   Several
ceperit), the praetor would compel him  to pro-  ancient as well as modern writers have denied that
nounce a sentence, unless he had some legal excuse.  either of these days had anything to do with the
The Praetor could compel a person of any rank, as  flight of king Tarquinius (Cincius, ap. Fest. 1. c.),
a Conlsularis for instance, to pronounce a sentence  and are of opinion that these two days derived
after taking upon him the office of arbitrator; but  their name from the symbolical flight of the Rex
he could not compel a person who held a Magis-  Sacrorum from the comitium; for this king-priest
tratus or Potestas, as a Consul or Praetor, for he  was generally not allowed to appear in the comihad no Imperium  over them.  The parties were  tiunm, which was destined for the transaction of
bound to submit to the award of the arbitrator; political matters in which he could not take part.
and if either party refused to abide by it, the  Bet on certain days in the year, and certainly on
other had against him a poenae petitio, if a poena  the two days mentioned above, he had to go to the
was agreed on in the compromissum; and if there  comitium for the purpose of offering certain sacriwas no poena in the compromissum, he had an  fices, and immediately after he had performed his
Incerti actio.  (Dig. 4. tit. 8.)      [G. L.]    functions there, lie hastily fled from it; and this
RECI'NIUM.  [RICINIUM.]                         symbolical flight is said to have been called RegiRECISSO'RIA  ACTIO.  [INTExRCESSIO.]    fLgium. (Fest. I. c.; Plut. Qiamest. Romn. 63; Ovid.
RECUPERATO'RES.  [JUDsex.]                      Fast. v. 727.)                           [L. S.]
REDEMPTOR, the general name for a con-   RIEGULA  (tKamvy), the ruler used by scribes
tractor, who undertook the building and repairing  for drawing riglht lines with pen and ink (Brunck,
of public works, private houses, &c., and in fact of Anal. iii. 69, 8 7); also the rule used by carpenters,
any kind of work. (Festus, s. v.; Hor. Caresm. iii. masons, and other artificers, either for drawing
1. 35, Ep. ii. 2 72; Cic. de Div. ii. 21.)   The  straight lines or making plane surfaces. (Aristoph.
farmers of the public taxes were also called Re-  Ran. 798; Vitruv. vii. 3. ~ 5.)   That it was
de7iptores.  (Dig. 19. tit. 2. s. 60. ~ 8.)        marked with equal divisions, like our carpenter's
REDHIBITO'RIA   ACTIO  was  an  actio  rules, is manifest from  the representations of it
which a buyer had against a seller for rescinding  among the "cInstrumen ta filbrorum  tignariorum,"
the bargain of sale on account of any non-apparent  in the woodcuts at pp. 287, 806.  The substance,
defect at the time of the purchase in the thing pur-  with which the lines were made, was raddle or
chased, which the buyer was not acquainted with, red ochre (gLATosS Brunck, Aszal. i. 221; PoIeVci
and wlhich according to the Edict of the Curule  ucay''e, Eurip.. He1 e.. 925.)  [LINEA.]  The




-986           REPETUNDAE.                        PREPETUNDAE.
scale-beam  is sometimes called iarcv'v instead of Iex JUnia and the Lox Calpurnia are mlentionedc
CUYOV.  [JUGUMI.1                     [J. Y.]    in the Lex Servilia.
REI UXO'RIAE or DOTIS ACTIO. [Dos.]    The Lex Servilia Glaucia was proposed and catRELA/TIO.  [SENATUS.]                            ried by C. Servilius Glaucia Praetor B. C. 1 00.
RELEGA'TIO.  [ExsILsaue. p. 515,.]             Tlis Lex applied to any nmagistratus who had im.REMANCIPA'TIO.  [EMANCIPATIO.]                  properly taken or received money from any private
IREMULCUM  (UPljovXKe? Trs  vaes), a rope  person; but a magistratus could not be accused
for towing a ship, and likewise a tow-barge ("Re-  during the term  of office.  The Lex enacted that
mulcerln, funis, quo deligata navis magna trahitur  the Praetor Peregrinus should annually appoint
vice remi'" Isid. Orig. xix. 4. ~ 8; Remuelco est, 450 judices for the trial of this offence: the judices
quum scaphae remis navis magna trahitur," Festus, were not' to be senators.  The penalties of the Lex
s. v.; comp. Caes. B. C. ii. 23, iii. 40; Hirt. B. were pecuniary and exsilium; the law allowed a
Alex. 11; Liv. xxv. 30, xxxii, 16; Polyb. i. 27, comperendinatio. (Cic. inz Verr. i. 9.)  Before the
28, iii. 46).                                      Lex Servilia, the pecuniary penalty was simple
REMU'RIA.  [Lst uRIA.]                          restitution of what had been wrongfully taken;
REMUS.  [NAVIS, pp. 787, b., 788, a.]            this Lex seems to have raised the penalty to double
REPA'GULA.  [JANUv, p. 626, b.]                 the amount of what had been wrongfilly taken';
REPETUNDAE, or PECUNIAE  REPE-  and subsequently it was made quadruple.  ExsiTUNDAE.  Repetundae  Pecaniae in its widest lium was only the punishment in case a man did
sense was the term used to designate such sums of not abide his trial, but withdrew  from  Rome.
money as the Socii of the Roman State or indivi-  (Savigny, Vdon dent Scalzts der Jliidl.,Zeitsclisft, x.)
duals claimed to recover from Magistratus, Judices,  Under this Lex were tried M' Aquillius, P. Rutior Publici Curatores, which they had improperly  lius, N. Scaurus, and Q. Metellus Numidicus. The
taken or received in the Provinciae, or in the Urbs  Lex gave the Civitas to any person on whose comRoma, either in the discharge of their Jurisdictio,  plaint a person was convicted of Repetundae. (Cic.
or in their capacity of Judices, or in respect of any  -'o Bealbo, 23, 24.)
other public function.  Sometimes the word Repe-    Th3 Lox Acilia, which seems to be of uncertain
tundae was used to express the illegal act for which  date (probably B. c. 1 01), was proposed and carried
compensation was sought, as in the phrase "' Repe-  by Mi' Acilius Glabrio, a Tribunus Plebis, which
tundarism  insimulari, damnnari;" and Pecuniae  enacted that there should be neither ampliatio nor
meant not only money, but anything that had  comperendinatio.  It is conjectured that this is the
value.  The expression which the Greek writers  Lex Caecilia mentioned by Valerius Maximus (vi.
sometimes use for Repetundae is &ilct 3&ppwv. (Plut.  9, 10), in which passage if the conjecture is correct,
Sulla, 5.)                                         we should read Acilia for Caecilia. (Cic. in Verr.
It is stated by Livy (xlii. 1) that before the year  Act. i. 17, in Verr. i. 9.)  It has sometimes been.n. c. 173, no complaints were made by the Socii of doubted whether the Acilia or Servilia was first
being put to any cost or charge by the Roman magis-  enacted, but it appears that the Acilia took away
tratus.  When complaints of exactions were made, the comperendinatio which the Servilia allowed.
anI inquiry was instituted into this offence extra or:    The Lex Cornelia was passed in the dictatorship
dinem ex Senatusconsulto as appears. from the case  of Sulla B. C. 81, and continued in force to the time
of P. Furius Philus and M. Matienus, who were  of C. Julius Caesar.  It extended the penalties of
accused of this offence by the Hispani. (Liv. xliii.  Repetundae to other illegal acts committed in the
2.)  The first Lex on the subject was the Calpur-  provinces, and to judices who received bribes, to
nia, which was proposed and carried by the Tri-  those to whose hands the money came, and to those
bunus Plebis, L. Calpurniuts Piso (B. c. 149), who  who did not give into the Aerarilum their Proconalso distinguished himself as an historical writer. sular accounts (proconsulares rationes). The Praetor
By this Lex a Praetor was appointed for trying  who presided over this quaestio chose the judges by
persons charged with this crime. (Cic. de O/f/ ii. lot fi'orn the Senators, whence it appears that the
21, B2rut. 27.)  This Lex only applied to Pro-  Servilia Lex was repealed by this Lex, at least so
vincial Magistratus, because in the year B. C. 141  far as related to the constitution of the court.
according to Cicero (de Fin. ii. 1 6) the like offence  This Lex also allowed ampliatio and comperendiin a Magistratus Urbanus was the subject of a  natio.  The penalties were pecuniary (litis aestiQuaestio extra ordinem.  It seems that the penal-  matio) and the aquae et ignis interdictio.  Under
ties of the Lex Calpurnia wer. merely pecuniary, this Lex were tried L. Dolabella, Cn. Piso, C.
and at least did not comprise exsilium, for L. Cor-  Verres, C. Macer, M. Folteius, and L. Flaccus,
nelius Lentulus who was Censor B. c. 147, had  the two last of whom were defended by Cicero. In
been convicted on a charge of Repetundae in the  the Verrine Orations Cicero complains of the conlprevious year.  The pecuniary penalty was ascer-  perendinatio or double hearing of the cause, which
tained by the litis aestimatio, or taking an account the Lex Cornelia allowed, and refers to the practice
of all the sums of money which the convicted party  under the Lex Acilia, according to which the case
had illegally received.                            for the prosecution, the defence, and the evidence
Various leges de repetundis were passed after  were only heard once, and so the matter was dethe Lex Calpurnia, and the penalties were con-  cided. (Inn Verrs. i. 9.)
tinually made heavier.  The Lex Junia was passed    The last Lex de Repetundis was the Lex Julia
probably about B. C. 126 on the proposal of M. Ju-  passed in the first consulship of C. Julius Caesar
nius Pennus, Tribunus Plebis.  It is probable that  B. c. 59.  (Cic. in Vest. 12.)  This Lex consisted
this was the Lex under which C. Cato, Proconsul  of numerous heads (capita) which have been col —
of Macedonia, was living in exile at Tarraco (Cic. lected by Sigonius. (Cic. ad Fainz. viii. 8.)  This
pro Balbo, 11; Vell. Pat. ii. 8); for at least exsi-  Lex repealed the penalty of exsilium, but in adlium was not a penalty imposed by the Calpurnia  dition to the litis aestimatio, it enacted that perLex, but was added by some later Lex.  This  sons convicted under this Lex should lose their




RlESTITUTIO IN INTEGRUM.                          RESTITUTIO IN INTEGRUlM. 987
ranlk, and be disqualified from being witnesses.  s. 7.)  According to tile old law the eompliInt must
judices, or senators.  This is the Lex which was  be made within one year.
commented on by the Jurists, whose expositions    The application for a Restitutio could only be
are preserved in the Digest (48. tit. 11), and in the  made to one who had Jurisdictio, either orioilal
Code (9. tit. 27).  This Lex adopted some pro-  or delegated, which flowed from the possession of
visions that existed in previous Leges, as for in-  the Imperium; and it might, according to the cirstance that by which the money that had been im-  cumrstances, be decreed by the Magistratus  extra
properly retained could be recovered from  those  ordinem, or the matter might be referred to a
into whose hands it could be traced. (Cic. pro C. Judex.  W5hen a Restitutio was decreed, each
IcRabir. Post. 4.)  The Lex had been passed when  party restored to the other what he had received
Cicero made his oration against Piso, B. C. 55. (Iz froln him with all its accessions and fruits, except
Pis. 21.)  A. Gabinius was convicted under tiis  so far as the fruits on one side might be set off
Lex.  Many of its provisions may be collected  against the interest of money to be returned on
from the oration of Cicero against Piso.  Cicero  the other side.  All proper costs and expenses inboasts that in his proconsulship of Cilicia there  curred in respect of the thing to be restored were
was no cost caused to the people by himself, his  allowed.  If the object of the Restitutio was a
legati, quaestor, nor any one else; he did not even  right, the injured party was restored to his right;
demand from the people what the Lex (Julia) al-  or if he had incurred a duty, he was released from
lowed him. (AdlAtt. v. 16.)                        the duty.
Under the Empire the offence was punishable        The action for Restitutio might be maintained
with exile. (Tacit. Annal. xiv. 28, and the note of by the person injured, by his heredes, cessionarii,
Lipsius.)                                          and sureties; but as a general rule it could only
In Clinton's Fasti IHellenici, the Lex Calpurnia  be maintained against the person with whom the
is incorrectly stated to be the first law at Rome  contract had been made, and not against a third
against Bribery at Elections. Bribery is AmaBITvS.  person who was in possession of the thing which
(Sigonius de Judiciis, ii. c. 27; RPeis, Das Cri-  was sought to be recovered, except when the actio
nzinalrecht der R;7uer,? p. 604. &c.; Rutdorf, Ueser  for restitutio was an actio in rem scripta, or the indie Octavictnische Fordlel, Zedtsc/srst f'iir Geschicht. jured party had an actio in rem, or when the right
Recedsw. &c. xii p. 136.)              [G. L.]    which be had lost was a right in rem.
REPLICA'TIO.  [AcTIo, p. 10.]                      The grounds of Restitntio were either those exREPOSITO'RIA.  [CoENA, p. 307, b.]              pressed in the Edict, or any good and sufficient
REPO'TIA.  [MxATRIMo IuMI, p. 744, a.]          cause: "item  si qua alia mihi justa causa esse
REPU'DIUM.  [DIvoITIUMr.]                       videbitur in integrum  restituam, quod ejus per
IES.  [DOMINsIUM.]                               Leges, Plebiscita, Senatusconsulta, Edicta, I)ecreta
RES JUDICA'TA.  [JuDICATa   ACTIO.]              Principlum licebit." (Dig. 4. tit. 6. s. 1.)
RES MA'NCIPI.  [DouiNIUMs.]                        The following are the chief cases in which a
RESCRIPTUM.  [CONSTITUTIONES.]                   Restitutio  might be decreed.
RESPONSA.  [JURISCONSULTI.]                        The case of Vis et Metus.  If a man did an act
RESTITU'TIO  IN   INTEGRUM, in  the  that was injurious to himself, through vis or metus,
sense in which the term will here be used, signifies  the act was notfor that reason invalid, nor was it conthe rescinding of a contract or legal transaction so  sidered that his assent was wanting (Dig. 4. tit. 2.
as to place the parties to it in the same position so  2. 2~ 5): but it was contra bonos mores to allow
with respect to one another which they occupied  such an act to have legal effect. When a man had
before the contract was made or the transaction  acted under the influence of force, or reasonable
took place.  The Restitutio here spoken of is  fear caused by the acts of another party, he had
founded on the Edict.  If the contract or trans-  an actio  quod metus causa for restitution against
action is such as not to be valid according to the  the party who was the wrongdoer, and also against
Jus Civile, this Restitutio is not needed; and it an innocent person who was in possession of any
only applies to cases of contracts and transaction,  thing which had thus been got from him, and also
which are not in their nature or form invalid.  In  against the heredes of the wrongdoer if they were
order to entitle a person to the Restitutio, he must  enriched by being his heredes (quantunz  ad eos
have sustained some injury capable of being esti- pervenit).  If he was sued in respect of the transmated, in consequence of the contract or transaction,  action, he could defend himself by an exceptio
and not through any fault of his own; except in  quod metus causa.  The actio Quod Metus was
the case of one who is minor xxv annorum, who was  given by the Praetor L. Octavius, a contemporary
protected by the Restitutio against the consequences  of Cicero. (Compare Cic. in Vecrr. iii. 65, and Dig.
of his own carelessness.  The injury also must be  4. tit. 2. s. 1.)
one for which the injured person has no other    The case of Dolus.  xWhen a man was frauduremedy.                                            lently induced to become a party to a transaction,
The Restitutio may either be effected on the  which was legal in all respects, saving the fraud,
complaint of the injured party, which would gene-  he had his actio de dole malo against the guilty
rally be made after the completion of the trans-  person and Ilis heredes, so far as they were made
action, or when he is sued by the other party in re-  richer by the fraud, for the restoration of the thing
spect of the transaction and defends himself by an  of which he had been defriauded, and if that was
Exceptio.  The complaint as a general rule must not possible, for compensation.  Against a third
be made within four years of the time of the injury  party who was in bona fide possession of the thing,
being discovered, and of the party being capable  he had no action.  If he was sued in respect of the
of bringing his action; in the case of Minores the  transaction. he could defend himself by the excepfour years were reckoned from  the time of their  tio doli mati. (Compare Dig. 4. tit. 3.)
attaining their majority.  In the case of an Excep-    The case of Minores xxv. annorum.  A Minor
tio there was no limitation of time. (Cod. 2. tit. 53. could by himself do no legal act for which the




988   RESTITUTIO  IN  INTEGRI'UM.                                       RE TIS.
assent of a Tutor or Curator was required, and  claimant to deal with, the adversary could meet the
therefore if he did such act by hinlself; no Resti- assignee, when he sued, with anll exceptio judicii
tutio was necessary.  If the Tutor had given his imutandi causa.
Auctoritas, or the Curator his assent, the trans-    The case of alienatio  in fraudem  creditorum
action was legally binding, but yet the Minor facta. (Dig. 42. tit. 8.)  When a man was insolcould claim Restitutio if he had sustained injury  vent (non solvendo), and alienated his property for
by the transaction.  Gaius (iv. 57) gives all ex- the purpose of injuring his creditors, the Praetor's
ample, when he says that if too large all amount Edict gave the creditors a remedy.  If for instance
was inserted in the Condemnatio of the Formula,   a debt was paid post bona possessa, it was abso
the matter is set right by the Praetor, or in other lutely void, for the effect of the Bonorum Possessio
words " reus in integrum restituitur," but if too  in the case of insolvency was to put all the credi=
little was inserted in the formula, the Praetor would  tors on the saine footing.  If any alienation was
not make ally alteration; "for," lie adds, " the  made before the Bonorum  Possessio, it was valid
Praetor more readily relieves a defendant than a  in some cases.  A debtor might reject any thing
plaintiff; but we except the case of Minores xxv  which was for his advantage, for the Praetor's
annorum, for the Praetor relieves persons of this  edict related only to the diminution of his property,
class in all cases wherein they have committed  and not to its increase.  If the act was such as to
error (in omnibus rebus lapsis)."                  diminish his property (fraudationis causa) the creThere were however cases in which Mlinores could  ditors, as a general rule, were intitled to have the
obtain no Restitutio; for instance, when a Minor act undone.  A creditor who exacted his just debt,
with fraudulent design gave himself out to be  was intitled to retain it.  The actio by which the
Major; when he confirmed the transaction after creditors destroyed the effect of an illegal alienacoming of age; and in other cases.  The benefit of tioni was called Pauliana, which was brought by
this Restitutio belonged to the heredes of the Mi- the Curator bonorium in the name of the creditors,
nor, and generally also to sureties.  The demand  for the restoration of the thing which had been imcould only be made, as a general rule, against the  properly aliened, and all its fruits.  The creditors
person with whom the Minor had the transaction  were also intitled to an Interdictum fraudatorium
and his hleredes.  The Minor had four years after in order to get possession of the thilng that had
attaining his majority, in which he could sue. The  been improperly aliened. (Dig. 36. tit. 1. s. 67.)
older law allowed only one year.  If the time had    In the Imperial times, Restitutio was also apnot elapsed when he died, his heres had the benefit plied to the remission of a punishment (Tac. Ann.
of the remaining time, which was reckoned from  xiv. 12; Plin. Eta. x. 64, 65; Dig. 48. tit. 19. s. 27)
the time adeundi hereditatem; and if the heres  which could only be done by the Imperial grace.
was a Minor, from the time of his attaining his    (Dig. 4. tit. 1-7; 44. tit. 4; Paulus, S. R. i.
majority. [CURATOR.]                              tit. 7-9; Cod. 2. tit. 20-55; Cod. Theod. 2.
The case of Absentia: which comprehends not tit. 15, 16; Miihlenbruch, Doct. Pandect.; Macnmerely absence in the ordinary sense of the word, keldey, Lehrbucsh, &c. 12th ed.; Rein, DasR677ziscle
but absence owing to madness or imprisonment, Pricvatrechlt; Rudorff, Zeitschr-if flicb  Gesc/icht.
and the like causes. (Dig. 4. tit. 6. s. 28.)  If a  Recltsw. xii. 1 31, Ueber die Octavianisclhe Fornel;
man had sustained injury by his own absentia, he  Puchta, Inst. ii. ~ 209.)               [G. L.]
was generally intitled to restitutio, if the absentia    RESTITUTO'RIA ACTIO. [INTERCESSIO.]
was unavoidable: if it was not unavoidable, le    RETIA'RII.  [GLA)IAToRES, p. 575, b.]
was intitled to Restitutio, either if he could have    RETI'CULUM, a head-dress.  [CorMA, p.
no redress from his Procurator, or was not blamable  329, a.]
for not having appointed one.  If a mani found    RETIS  and RETE; dim. RETI'CULUM
that he might sustain damage on account of the  (;trctvov), a net.  Nets were made most commonly
absence of his adversary, he might avoid that by  of flax from  Egypt, Colchis, the vicinity of the
entering a protestation in due form.               Cinyps in North Africa, and some other places.
The case of Error, Mistake, comprehends such  Occasionally they were of hemp.  (Varro, de Re
error as cannot be imputed as blame; and in such  Rust. iii. 5.)   They are sometimes called lisn
case, a man could  always have restitutio when  (ALva) on account of the material of which they
another was enriched by his loss.  The erroris  consisted.  (Hom. II. v. 487; Brunck, Anical. ii.
eausae probatio  somewhat resembles this case. 494, 495.)  The meshes (smaczile, Ovid. Epist. v.
(Gaius, i. 67-75.)                                 19; Varro, de Re Rust. iii. 11; Nemesiani, Cyneg.
The case of Capitis diminutio through adrogatio  302; lpOXol, diim. /poXs1es, Heliodor. vi. p. 231,
or in manum conventio, which was legally followed  ed. Commelin.) were great or small according to
by the extinction of all the obligationes of the per- the purposes intended; and these purposes were
son adrogated or il manu.  The Praetor restored  very various.  But by far the most important apto the creditors of such persons their former rights. plication of net-work was to the three kindred arts
(Gaius, iii. 83, iv. 38.)                          of fowling, hunting, and fishing: and besides the
The case of alienatio judicii mutandi causa facta  general terms used alike in reference to all these
is hardly a case of restitutio, though sometimes  employments, there are special terms to be explained
considered such.  It occurs when a man alienates under each of these heads.
a thing for the purpose of injuring a claimant biy   I. In fowling the use of nets was comparatively
substituting  for himself another against whom the  limited (Aristoph. Alv. 528); nevertheless thrushes
claimant cannot so easily prosecute his right.  In  were caught in them (Hor. iEpod. ii. 33,34); and
the case of a thing which the Possessor had thus  doves or pigeons with their limbs tied up or
alienated, the I'raetor gave an actio in factum  fastened to the ground, or with their eyes covered
against the alienor to the full value of the thirg. or put out, were confined in a net, in order that
If a man assigned a claim or right with the view  their cries might allure others into the snare.
of injuring his adversary by giving him a harder (Aristoph. Av. 10083.)  The ancient Egyptiar.e,as




RETIS.                                             R{ETIS.                   98!
Ne learn firoo  the paintings in their tombs, caught
birds in clap-nets. (Wilkinson, Man2. and Cust. vol.
iii. pp. 35-38, 45.)   
11. In hunting it was usual to extend nets in a
curved line of considerable length, so as in part to             /
surround a space into which the beasts of chace,
such as the har-e, the boar, the deer, the lion, and
the bear, were driven through the opening left oni 
one side. (Aelian, ifi. A. xii. 46; Tibullus, iv. 3. 
12; Pliu.:. 1V. xix. 2. ~ 2.)  This range of ssets 
was flallked by cords, to which feathers dyed
scarlet and of other bright colours were tied, so as
to flare and flutter in the wind.  The hunters then  hunting.  All the three are mentioned together by
sallied forth with their dogs, dislodged the animals  Xenophon (&icT'va, ivdoMa,  pKeues, ii. 4), and by
from  their coverts, and by shouts and barking  Nemesianus (Cyney. 299, 300).
drove them first within the fbrmlido, as the appa-    The two additional kinds were placed at interratus of string and feathers was called, and then, vals in the same circuit with the large hunting-net
as they were scared with this appearance, within  or lhaye.  The road-net (plaga, id3l&o) was much
the circuit of the nets.  Splendid descriptions of less than the others, and was placed across roads
this scene are given in some of the following pas-  anld narrow openings between bushes. The pursesages, all of which allude to the spacious enclosure  or tunnel-net (cassis, apKvs) was made with a bag
of net-work. (Virg. Georg. iii. 411-413, Aen. iv.  (KEspp<aAsos, Xen. de Venat. vi. 7), intended to
121, 151-159, x. 707-715; Ovid. Epist. iv. 41, receive the animal when chased towards the extre42, v. 19, 20; Oppian, Cyn. iv. 120 —123; Eurip. mity of the inclosure.  Within this bag, if we may
Baccae, 821. —832.)  The accompany-iino woodcuts  so call it, were placed branches of trees, to keep it
are taken from  two bas-reliefs in the collection of expanded and to decoy the animals by making it
ancient marbles at Ince-Bluldell in Lancashire.  invisible.  The words apu,,s or cassis are used meIn the uppermost figure three servants with staves  taphorically to denote some certain method of decarry on their shoulders a large net, which is in-  struction, and are more particularly applied, as
well as auspifAexsrjrpoV, which will be explained./~,v-~~-;-~                     immediately, to the large shawl in which Clytemn-,  >.  " ~:     ~ ~ nestra enveloped her hiisband in order to murder
him. (Aeschyl. Again. 1085, 1346, 1353, Choeph.
III. Fishing-nets (aXLteunK& aO  lyva, Diod. Sic.
xv\ii. 43, p. 193, Wess.) were of six different kinds,
wvhich are enumerated by Oppian (Hal. iii. 80-82)
tended to be set up as already described. (Tibullus,     fellows  
i. 4. 49, 50; Sen. Hippol. i. 1. 44; Propert. iv. 2.
32.)  The foremost servant holds by a leash a dog,    TsY' Ta ti'v a /tAxi'e-o-rpan,  oe' y7p? oi uaXE'ovTat,
which is eager to pursue the game.  In the nmiddle       rtdyyeaua T',' 7SroXal 7repitlyEES, /If oayjvatI
figure the net is set up.  At each end of it stands    "AActa  E KKh.cxKOvo-t tKa cIViiaT-a.
a watchman holding a staff. (Oppian, Cyneg. iv.
Of these by far the most common were the',upi.-qyX povp, or casting-net (funda, jaculiss,
-      retinaculusm) and the aanyvne, i. e. the drag-net, or
///g1 1/ aAO>(AOt/tptaS6V@>g~rt|  R1 \!  Soli (tragu7n, Isid. Hisp. Orig. XiX. 5; tracgula,
< verriculumn).  Consequently these two are the only
-    kinds mentioned by Virgil in Georg. i. 141, 142.
and by Ovid, in Ar. Anmat. i. 763, 764.  Of the
124.)  Being intended to take such large quadru-  cKaNAu.a we find nowhere any further mention.
peds as boars and deer (which are seen within it),  We are also ignorant of the exact form and use of
the mseshes are very wide (retia sarsa  Virg. Aen. the?'p7qos, althouglh its comparative utility may
iv. 131; Her. Epod. ii. 33). The net is supported  be inferred from the mention of it in conjunction
by three stakes (TdAclKESj  Oppian, Cyneg. iv. 67, xrwith the sean and casting-net by Artemidorus (ii.
&c.; Pollux, v. 31; ancones, Gratius, Cyneg. 87;  14) and Plutarch (wrepl eUOu,u. vol. v. p. 838, ed.
cari, Lucanj iv. 439).  To dispose the nlets in this  Steph.).  W5e know  no more of the ydyyaysuov.
mamner was called retia, pone-re (Virg. Geogy. i. (Hesych. s. v.; Aeschyl. Aygosi. 352.) The voroX7'
307), or setia tendere (Ovidi  rt, AAnat. i. 45). was a landing-net, made with a hoop (KSCcAos)
Comparing it with the stature of the attendants,  fastened to a pole, and perhaps provided also with
we perceive the net to be between five and six feet the mecans of closing the circular aperture at the
high.  The upper border of the net consists of a  top. (Oppian, I/al. iv. 251.)  The metaphorical
strong rope5 which was called -tapuStv. (Xen. de  use of the terlm &a'Ai~sA-'rpov has been already
VIenat. vi. 9.) The figures in the follovilng woodcut smentioned.  That it denoted a casting-net may be
represent two men carrying the ilet home after  concluded both from  its etymology and fiomi the
the chace; the stakes for supportinlg it, two of circumstances in which it is mentioned by various
which they hold inl their hands, are forked at the  authors. (Hesiod, Scut. Herec. 213-215; IHerod.
top, as is expressed by the terms for them already  i. 141; Ps. cxli. 10; Is. xix. 8; Hab. i. 15 —17
quoted, ancones and vari.                          (LXX. alid Vulgate versions); St. Matt. iv. 13;
Besides the nets used to inclose woods and co-  St. Mark, i. 1 6.)  5More especially the castings-net,
verts or other large tracts of country two additional  beiing alsvays pear-shaped or conical, was suited to
kinds are mentioned by those authors who treat on  the use mentioned under the article ComorPEUi.




990                  REX.                                                 REX.
Its Latin names are found in the passages of Vir- finite scheme, or writtell code, but from the forceof
gil's Georgics, and of the Vulgate Bible above re-  traditionary usage, and the natural influence of the
ferred to, in Plautus, Asinar. i. 1. 87, Truc. i. 1. circumstances in which the kings were placed, susr14; and in Isid. Hisp. Orig. xix. 5.              rounded as they were by a body of chiefs or nobles,
The English term  sean (which is also in the  whose power was but little inferior to that of the
south of Englanid pronounced and spelt seine, as in  kings themselves.  Even the title P3as-l,2es is upFrench), has been brought into our language by a  plied to them, as well as to the king (Homn. 11. ii.
corruption of the Greek o-aytv7 through the Vul- 86, Od. i. 394, vii. 55, viii. 391).  The maingate Bible (saqena) and the Anglo-Saxon. (Ezek. tenance of regal authority  doubtless depended
xxvi. 5,14, xlvii. 10; St. Matt. xiii. 47,48; St. John  greatly on the possession of personal superiority in
xxi. 6-1 1.)  This net, which, as now used both  bravery, military prowess, wisdom  in council and
by the Arabians and by our own fishermen in  eloquence in debate.  When old age had blunted
Cornwall, is sometimes half a mile long, was pro- his powers and activity, a king ran a great chance
bably of equal dimensions among the ancients, for of losing his inhfience.  (Od. xi. 496; comp. Ii.
they speak of it as nearly taking in the compass xii. 310, &c.)  There was, however, an undefined
of a whole bay. (Hom. Od. xxii. 384-387; Alci- notion of a sort of divine right connected with the
phron, i. 17, 18.)  This circumstance well illus- kingly office (&c dal AtbS  Ba'lXies, Hesiod. Tleog.
trates the application of the term  to describe the  96; comp. Hom. Od. xi. 255.  Hence the epithet
besieging of a city: to encircle a city by an unin-  &LOTrpecPS, so commonly applied to kings in Homer).
terrupted line of soldiers was called  ra-ynrvn-'ev. This, in most cases, was probably strengthened by
(Herod. iii. 145, vi. 31; Plato, de Leg. iii. sub a belief in the divine descent of kingly families.
fin.; Heliodorus, vii. p. 304, ed. Commelini.)  The    Besides the more ordinary kingly accomplishuse of corks  (ieAXol, cortices seberini, Sidon. ments, there were varions others, proficiency in
Apollin. Epist, ii. 2; Plin. II. AV. xvi. 8. s. 13)  which gave increased dignity and consideration
to support the top, and of leads (stoXMlif3Es) to  even to a king.  To be a skilful carpenter of
keep down the bottom, is frequently mentioned by  ploughman was considered not unworthy of being
ancient writers (Ovid. Trist. iii. 4. 11, 12; Aelian, made a matter of boast (Hom. Od. v. 246, xviii.
I<. A. xii. 43; Pausan. viii. 12. ~ 1), and is clearly  365, xxiii. 188).  Prowess in boxing and other
exhibited in some of the paintings in Egyptian  athletic exercises was more closely connected with
tombs.  Leads, and pieces of wood serving as floats superiority in the use of arms. (Od. viii. 180, &c.
instead of corks, still remain on a sean which is Il. xxiii. 257, &c.)
preserved in the fine collection of Egyptian anti-    Aristotle (1. c.) mentions, as the functions of thie
quities at Berlin.  (See Yates, Teatroinze   Anti- kings in the heroic age, the leadership in war, the
quum, Appendix C.)                      [J. Y.]    offering of such sacrifices as were not appropriated
REUS.  [ACTOR; OBLIGATIONES, P. 658.]   to  particular priests, and the duty of deciding
REX (aosslXSVs, sva'), king. 1. GREEK. In the judicial causes.  But both in the field and in the
earliest ages of Greece, of which we have any au- agora the king always appears in connection with the.
thentic records, we find the kingly form of govern-  8ovXAi. or council of chiefs and elders, of which he
mesnt everywhere prevalent. On this point we may  acts as president.  Even before Troy Agamemnon
safely trust the pictures of society found in the  submits his plans to the assembled chieftains and
Homeric poems; for whatever amount of historical soldiers (il. ii. 53, &c. x. 195, &c.). The restrictive
truth there may be in the legends which form their influence of these assemblies was, however, rather
subject, there cannot be the smallest question that indirect than ostensible.  The chieftains or princes
the poems present a faithful reflection of the feel- merely offer their advice (I. ix. 95, &c.), and the
ings, condition and manners of the society in the  multitude assembled outside the circle in whichl
age of which they were composed.                    they sit take no part in the deliberations.  They
Whether in early times absolute monarchies ex- only listen, and sometimes applaud (11. ii. 100;
isted in Greece, we have no historical data for Aristot. ap. Schol. ad Il. ix. 17).   Still less is
determining.  The first of which we can trace the  the matter in hand put in any fonmal way to the
features are shereditary  snonai'c/ies switLh  ilited  vote of either the Novxa, or the assembly of freemenl.
functions (7rpoTepo' o8E iSav erl Pr tSos ye'pasri The assemiblies described in the second book of the,ra-rpueal 3osXsEam, Thuc. i. 13;  -i srepi'roim  Iliad and the second book of tihe Odyssey will
~pwXsLcobs XpioVovs [/3aiXmAEa]?'Iy esclvrcv sYv er1L give a good idea of their nature.  In judicial trials
Tis a,' &pc.uevoLs,  Arist. Pol. iii. 10j ed. GMottl. the council of elders seems always to have held a
14, ed. Bekker; comp. Dionys. aHilic. Y. 74). prominent place.  (I1. x-iii. 5604  Hesiod. T/zeoq.
By this we are to nnderstand, not only that the  85t  Op. et D. 37.)   Theoretically the governkings were themselves under the control of law or menot of the heroic age was in the strictest sense
custom, but that only a portion of the finetions of mnonarcllical (see especially the remarkable paspolitical sovereignty were in their hands.  This is sage 11. ii. 204).  Here and there the poet reprethe fourth species of OaoAXeia which Aiistotle re- selts kings as using language which would imply a
cognises; the others being, a. the royalty of the  power on the part of the king to deal with his doSpartan kings; b. the royalty of barbtrian kings  minions and subjects in a very summary manner
(an hereditary despotism administcred according to  (see the offer of Agamemnon to make over to
law); c. the government of an aesysnuetes (Arist. Achilles seven cities, It. ix. 153; and of Menelaus,
Pol. iii. 9 or 14).  It is lnot to be supposed, how- to depopulate one of his towns to make room  for
ever, that the Grecian kings of the heroic age were  Ulysses, Od. iv. 176).  No doubt the power of
constitutional kings, or were responsible to their  different kings varied, and in the absence of definite
subjects in any recognised sense.  Thieir authority  constituitionlal restrictions  the actual amount of
was founded purely on the personal feeling and  power in the hands of each depended miainly on
reverence entertained for them l)3 their subjects, his individual qualifications  and address.  The
and its limitations were derived not from  anyl di- cases, Ionev-er,  must have been extremely rare in




REX.                                               REX.                    991
which it approached to absolute power (wragaai - I anything is said about the children of the deceased
XEia).  Even the voice of the commonalty carried  king.  Consequently the ancient writers state that
a moral weight with it that ensured some degree of the king was chosen on account of his virtues and
respect for it (XaXe7r/ 3iiosu /p7IALS, Od. xiv. 239, not his descent (Cic. de Rep. ii. 12; Appian, B. C.
vi. 273).                                         i. 98).  It is true that in the case of Romulus the
Besides such private property as the king might genuine legend makes no mention of his election to
possess, he had the use of a domain attached to  the royalty; and one of the acutest modern writers
the regal office.  (Od. xi. 185.)  The Te/es77 here  on the history of the Roman  constitution has
spoken of are different from the KcriarTa, or pri- availed himself of this circumstance to support his
vate property of the family, which Telemachus  theory, that the Roman king was not elected by the
would retain, even if excluded from  the throne, people, but derived his power immediately from
and so deprived of the use of the royal domain. the gods, and that this power devolved upon the
(Od. i. 402.)  There were also stated dues (be- senate at his death, and was transmitted in all its
umi7-Es), which formed an important item in the  integrity to the next king by means of the interking's emoluments (hence termed?A.rapal, II. ix. reges (Rubino, Untersuclzunygen iber RiMeische Ver156, 2,98).  But besides these a large part of his ftassung, p. 107, &c.).  Our limits will not permit
revenues was derived from  presents (orTivat or us to enter into an examination of this theory.  It
d&pa), which appear to have been given on most rests to a great extent upon the assumption that
occasions on which his aid or protection was in- the Patres in the early Roman constitution were
voked (1l. ix. 155, xvii. 225).  The characteristic  the senate; and it falls if it can be proved that the
emblem of the kingly office was the ro1mCrpoe, (11. Patres in the earliest times were the same as the
ii. 101, 206).  [SCEPTRUAc.]                       whole body of the patricians. We think that W. A.
It was doubtless seldom  that the rule of here- Becker (]liandb2ec/z der R7 nmisclen Altertltiiner) has
ditary succession was infringed upon, though the  established beyond all doubt that the latter is the
case of Telemachus (Od. i. 386, &c.) indicates that true meaning of the Patres, and that the common
iunder peculiar circumrstances the idea of departing  view is correct, which represents the king as volunfrom  it might be entertained.  But even here the  tarily entrusted by the people with the supreme
presumptive right of Telemachus is admitted. Such  power.
a departure from  the  ordinary  rule, however,    Since the people had conferred the regal power,
marks a considerable decline in the kingly power, it returned to them upon the death of the king.
and advance on the part of the nobles.  At a later As in modern states it is held that the king never
period we find kings deprived of their throne for dies, in like manner in Rome the vacant place was
misconduct, as in the case of Thymoetes in Attica. instantly filled up.   But as a new  king could
At a later period than the Homeric age the fact of not be immediately appointed, an Interrex forth.,
responsibility was regarded as constituting the dif- with stepped into his place.  The necessity for an
ference between a king and a tyrant (Arist. Pol. iv. immediate successor to the king arose from the
81).  Hence at Argos Pheidon is called a tyrant, circumstance that he alone had had the power of
though he was a legitimate successor to the throne, taking the auspicia on behalf of the state; and as
because he acquired for himself despotic authority.  the auspicia devolved upon the people at his death,,
Our information respecting the Grecian kings in  it was imperative upon them to create a magistrate,
the more historical age is not ample or minute  to whom  they could delegate the auspicia and
enough to enable us to draw out a detailed scheme  who would thus possess the power of mediating
of their functions.  The rising influence of the  between the gods and the state.  Originally the
nobles gradually reduced these to narrower and  people consisted only of the patres or patricii;
narrower limits till at last the establishment of and accordingly, on the death of the king, we
aristocratical or oligarchical governments became  read res ad patres redit (Liv. i. 32), or, what is
almost universal.  Respecting the kings of Sparta  nearly the same thing, ausp icia ad clatres redecunt.
the reader is referred to the article EPHoRI.  As [AUGUR, P. 177.]  The interrex was elected by
an illustration of the gradual limitation of the pre- the whole body of the patricians, and he appointed
rcgatives of the king or chief magistrate, the reader (prodebat) his successor, as it was a rule that the
may consult the article ARCHoN.: The title Ba- first interrex could not hold the comitia for the
sileus was sometimes applied to an officer who dis- election; but it frequently happened that the
charged the priestly functions of the more ancient second interrex appointed a third, the third a
kings, as in Athens  [ARcHON], Delphi (Plut. fourth, and so on, tillthe election took place.  This
Quuaest. Gr. 7. p. 177), Siphnos (Isocr. ad CaGlli. was the custom  under the republic; and there
p. 685), Megara (Chandler, Marmz Oxron. 2, 82), would have been no reason to suppose that the
Chalcedon (Caylus, Recueil, &c. ii..5), Cyzicus practice was different during the kingly period,. if
(id. ii. 71, 72), and Samothrace (Liv. xlv. 5). it had not been for the account of the appoint(K. F. Ilermann, Lelyruchl der qgriechi. Staatsaiter- ment of interreges after the death of Romulus, ac-.
t/hiiner, ~~ 53-55; Wachsmuth, Felleuischle ill- cording to which the senate was divided into detertlmt/sklunde, ~~ 38, 43; Thirlwall, Iist. of curies for the purpose of sharing the interregnulm
Greece, cc. vi. x.; Grote. Hist. of' Greece, c. xx. between them.  [INTERREX.]
vol. ii. p. 79, &c.)                [C P. IM.]         he Interrex presided over the comitia curiaal,
2. RoaeN.  Romne was originally   governed by  which was assembled for the election of the king.
kings.  All the ancient writers agree  in repre-  H-e had previously agreed with the senate upon
senting the king as elected by the people for life, the person who was to be proposed to the comitia;aid as voluntarily entrusted by them  cwith the  as king; for it is inconceivable that he had the
supreme power in the state.  No refeience is made  absolute power of selecting whatever person he
to the hereditary principle in the election of the  chose, as Dionysius states in some passages.  The
first four kings; and it is not until the fifth king  person whom the senate had selected was proposed
Tarciinitusm Pviiscus obtained the so-ereigntye, that by the interrex to the people in a regular'ogwig




9,2                 SRt EX.                                               REX.
which the people could only accept or reject, for  proved, by the masterly investigations of Rtubinn,
they had not the initiative and could not them-  For whatever exception nmay be taken to many of
selves propose any niame.  If the people voted in  his propositions, no one can examine his arguments
favour of the rogation, they were said crea-e regem, without feeling convinced that the king possessed
and their acceptance of him  was called jgasstes  the supreme power in the earliest times, and that
popdli.  (Dionys. iv. 40, 80; Liv. i. 22, 3; Cic. the senate and the comitia of the curiae were very
de Rep. ii. 17, 21.)  But the king did not imme-  slight checks upon its exercise.  In the first place,
diately enter upon his office.  Two other acts had  the  cing alone possessed the right of taking the
still to take place before he was invested with the  auspices on behalf of the state; and as no public
frill regal authority and power.  First, his ianzauu-  business of any kind could be performed without
idaio had to be performed, as it was necessary to  the approbation  of the gods expressed by the
obtain the divine will respecting his appointment  auspices, the king stood as mediator between the
by means of the auspices, since he was the high  gods and the people, and in an early stage of sopliest of the people. This ceremony was performed  ciety must necessarily lhave been regarded with
by an augur, who conducted  the newly-elected  religions awe.  [AUvGvR.]  lie was thus at the
king to the arx, or citadel, and there placed him on  head of the national religion; and the priests, who
a stone seat with his face turned to the south,  are in all nations most jealous of their exclusive
while the people waited below in anxious suspense  rights and privileges, acknowledged that they were
until theaugur announced that the gods had sent originally instituted by the king, and learnt from
the favourable tokens confirming the kilng in his  him  their religious rites.  Thus Romulus is not
priestly character.  (Liv. i. 18; Plut. AIm7n. 7.)  only said to have established the augurs, but to
The inauguratio did not confer upon him the aus-  have been himself the best of all augurs (Cic. de
picia; for these he obtained by his election to the  Div. i. 2); and the institution of the pontiffs in
royalty, as the comitia were held  auspicato.  It  like manner was not only attributed to Numa
simply had reference to his priestly character, as al-  Pompilius, but they are said to have been taught
ready remarked, and consequently did not take  by this king the whole doctrine of the public and
place in the case of the republican magistrates,  private sacra, the arrangenlent of the calendar, the
though the vrex sacrorsium and other priests were in. division of days intofasti and nefaisti, in one word
augurated. The passage of Dionysius (ii. 6), which  thejus pontificieZ7m. (Liv. i. 19, 20; Cic. de Rep.
is quoted in the article INAucGUrATIO to prove that  ii. 14; Dionys. ii. 72; Plut. Nzme. 12.)
the republican magistrates were inaugurated, refers    Secondly, the people surrendered to the king the
only to their taking the auspices on the morning of isupreme military and judicial authority, by conthe day on which they entered upon their office. ferring the impesrium  upon him.  It is true that
(Comp. Becker, Ibid. vol. ii. pt. i. p. 314.)  The  the imperiunm was granted to the consuls in like
second act which had to be performed was the  mannser; but the imperium, though the same nomlconferring of the imperium  upon the king., The  nally, was in reality limited in its exercise, as
curiae had only determined by their previous vote  the consuls at the end of their year of office bewho was to be king, and had not by that act be-  came private persons again, and might be brought
stowed the necessary power upon lim; they had,  to trial for acts which they had performed during
therefore, to grant him the imperium by a distinct  their consulship.  In addition to which various
vote.  Accordingly the king himself proposed to  laws were passed for the protection of the citizens
the curiae a lex czriata de ismperio; and the curiae  against the arbitrary use of their power, none of
by voting in favour of it gave him  the imperium.  which existed in the kingly period..  The imzpe(Cic. de Rej. ii. 13, 17, 18, 20, 21.)  The reason  riUez is nsually defined to be the exercise of military
of this double vote of the curiae is clear enougrh.  authority (imperiscn, simze queo ses militaris adThe imperium  could only be conferred upon a  miszistrari, teneri exercitus, 6ellm lz gemi mion potest,
determinate person.  It was necessiary, therefore,  Cic. Phil. v. 1 6; comp. Liv. v. 52; Cic. de Leg.
first to determine who was to be the person who  Ag-. ii. 12); but this definition simply arises from
was capable  of receiving the imperium; and  the fact that the writers are thinking of thi  inwhen this was determined, the imperiumn  was  perium of the consuls, who were deprived  v, jngranted to him  by a special vote.  Livy  in his  dicial power in the city of Ronme, and with J the
first book makes no mention of the lex ciuriata de  first milestone from it, fiomn the time of the instiimperio, but he uses the expressions patles auctomres  tution of the praetorship.  (Liv. iv. 42; Gaius, iv.
fierenit, paties auctores fcti. (Liv. i. 17, 22, 32.)  104.)  But the praetors also had the imperium
That these expressions, however, are equivalent to  conferred upon them  by a loex curiata, maid it was
the lex curioatc de imnpersio in the kingly period is  by possession of the inmperium  that they were
shown by Becker, an abstract of whose explana-  alone qualified to pronounce a judicium legitismums,
tion is given under AUCTOR.                         at all events in crininal cases.  It must, thereIt is very difficilt to determline the extent of the  fore, be recollected, that the king was not only the
king's powers, as the ancient writers naturally    commander ini war, but the supreile judge in peace.
judged of the kingly period by their own repub-  Seated on his throne in the comitiunm, he admin-!iean constitution, and frequently assignedI to the  istered justice to all comers, and decided in all
king, the senate, and the comitia of the curiae, the  cases which were brought before hiim, civil as well
respective powers anud functions which were only  as criminal.  The opinion of Puchta (Instit. vol. i.
true in reference to the consuls, the senate, and tile  p. 1 40, &c.), that private suits were not decided by,
cornitia of their own time.  Most modern writers  the king, but came -under the jurisdiction of the
have represented the supreme power as residing in  pontiffs, rests on no sufficient authority, and is rethe people, and have regarded the king, to a great  futed by the tale of the pretended dispute which
extent, as the executive of the senate and the curiae;  was brought before Tarqninius Priscus by the murbut this view of the limited nature of the king's  derers of that king.  (Liv. i. 40.)  If we are to,powers is strongly attacked, and we may say dis-  place reliance upon Livy, the king did not admin



REX.                                                REX.                     s.93
ister justice alone, but was fettered by a consiliumn, to the king (Tac. Ann. xi. 22) and Junius Grace
since it is brought forward as a reproach against  chanus to the people. (Dig. 1. tit. 13.)  Livy ex.
Tarquinius Superbus, cogsnitiones capitaliunm rerm  pressly says (i. 26) that the Deslztviri Perduedsine consiliis per se solus exercebat (Liv. i. 47); lionis were appointed by the king; and if these
but it is not easy to believe in the existence of were the same officers as the Quaestores during the
such a consilium in the times of the early kings, or  kingly period, as many writers maintain, there can
if it did exist, it must have been a body simply to  be no doubt that the latter were nominated by
advise the king, and could not have had the power  the king.
of controlling him, as he administered justice in     Fu'rther, the king was not dependent upon the
virtue of his possessing the imperium.  There is  people for his support; btt a large portion of the
mnoreover no case recorded in which the consilium   ager publicus belonged to him, which was cultihad any share in the administration of justice. vated at the expense of the state on his behalf.
From  the decision of the king there seems to  (Cic. de Relp. v. 2.)  lie had also the absoluto
have been no appeal (prsovocatio).   This is in-  disposal of the booty taken in war and of the conll
deed denied by Niebuhr, who maintains that in  quered lands. (Dionys. ii. 28, 62; Cic. de Rep. ii.
all cases affecting the caput of a Roman citizen,  9, 14, 18.)
an appeal lay from  the king to the people in    It must not, however, be supposed that the authe conlitia of the curiae, and who further argues  thority of the king was absolute.  The senate and
that this was an ancient right of the patricians,  the assembly of the people must have formed some
and was extended to the plebs by the Lex Va-  check upon his power; though, if the views we
leria, enacted at the establishment of the re-  have been stating are correct, they were far fi'ol
pulblic.  It is true that the ancient writers refer  possessing the extensive privileges which Dionysius
the institution of the provocutio to the kingly  (il. 14) aSSi11S to them.  The senate and the
period (Liv. i. 26, viii. 33; Cic. preo Ail. 3; Val. coinitiE of the curiae were not independent bodies
IMax. vi. 3. ~ 6, viii. 1. ~ 1; Festus, s. v. sororizmz  possessing the right of meeting at certain times and
tigillzun; Cic. de Rep. ii. 31), but it by no means  discussing questions of state.  They could only be
follows that the provocatio of that early time wa;s  called toogether when the king chose, and filrtilec
the same as the right secured by the Lex Valeria, could only detersmine upon matters which the king,
which was regarded as the great bulwark of the  submitted to them.  The senate was simply the
liberty of a Itoman citizens  We have indeed the  consilium of the king, the menmbers of which were
recdrd of only one case of provocatio  inder  the  all appointed by him  (Liv. i. 83; Dionys. ii. 12;
kings, -namely, when the surviving Horatius, who  Festus, p. 246,. ed. Mtilleri; Cic. de Reep. ii. 8),
inurdered his sister, appealed from the duumviri to  and which only offered their advice to him, whicli
tile people; and in this case it must be borne in  he could follow or reject accordilng to his pleasure.
_imind that the appeal was not from the se!ntence of The comitian of the curiae seem  to have been
the king, but from the sentence of the dunumviri. rarely assembled, aind then probably more to hear
It appears, even from the narrative of Livy,  that the decisions of the king than to ratify his acts;
the king voluntarily surrendered his right of trying  and it is certain that they had no power of disthe criminlal and passing sentence upon. him, in  cussing any matter that was brought before them.
order to avoid the odium of putting toi death the  The only public matter in which the king could
hero who had rendered such signal services to the  not dispense with the co-operation of the senate
state, and that he appointed duumviri, from whose  and the curiae was in declarations of war against
decision: an appeal lay to the people, in order that foreign nations,, as appears clearly from the declathe people might have the responsibility of pro-  ration of war against the Latins in the time of
nouncing his acquittal or condemnation.  (Liv. i. Ancus Marcius, as related, by Livy (i. 32), who
26; comp. Dionys. iii. 22.)  In addition to which  preserves the ancient formula.  There is no trace
it is expressly stated that the dictatorship was a  of the people having had anything to do with the
restoration of the kingly power (Zonar. vii. 1 3;  conclusion of treaties of peace; and Dionysius in
comp. Cic. de Rep. ii. 32); and it is certain that this case as in many others has evidently transthe: great distinction between the power of the  ferred a later custom  to; the earlier times.  T'he
dictator and that of the coinsuls consisted in there  relation in which the senate and the curiae stood
being no provocatio from the decisions of the former, to the kings is spokan of more at length under
as there was from the decisions of the latter.  Our  COM1TIA, p. 331, andi SENATUG.
limits do not allow us to enter further into an    The insignia of the king were the fasces with
examination of this questiont; but the reader will the axes (secures), i hich twelve lictors carried
find the arguments against Niebuhr's views stated  before him as often as he appeared in public, the
at great length in Rubino.  (Ibid. p. 430, &c.)    trclbea, the sella curZlis, and the toga priletettao and
Again, all the magistrates in the kingly period  picta.  The trabea appears to have been the most
appear to have been appointed by the king and  ancient official dress, and is assigned especially to
not elected by the curiae. This is expressly stated  Romulus: it was of Latin origin, and is therefore
of the two most important, the Tribzlnus Celerumz, represented by the antiquarian Virgil as worn
who occupied the second place in the state, and  by the Latin kings.  (Plin. II. N. viii. 48, ix.
who stood in the same relation to the king as the  39; Ov. FEst. ii. 501; Virg. Aen. vii. 187, xi.
magister equitum  did in later times to the dic-  334.)  The. togy  praeteota anld picta were bortator (Lydus, de l/afag. i. 14), and the Custos or  rowed, together with the sella rczlis, from  the
]'saejctus urbi, who was nominated by the king  Etruscans, and  their introduction  is variously
to supply his place when he was absent from  the  ascribed to Tullus Hostilius or Tarquinius Priscus,
city (Tac. Anne. vi. 11). We may consequently infer  (Cic. de Rep. ii. 17; Macrob. Sat. i. 6,; Piiu. HIA.
that the Quaestor'es were in like manner nominated  ix. 39  Dionys. iii. 62.)   Dionysius (1 c.) also
by the king, although the ancient authorities difibr  mentions a diadem and a sceptre as insignia of the
or the point1 Tacituls ascribicng their appointment  kilngs.,
S. 




99.1       REX  SACRIFICULUS.                                        1RHETRAE.
For further information respecting the Roman  house of the Vestal virgins. (A'mbrosch, &Sedien a.
kings, see Niebuhr, I-Iist. of Rome, vol. i. p. 338, Andtleztulzgen, pp. 41 —76.)            [L. S.l
&c.;  Walter, Gesc/lichte des tR1;misc7len Rechts,    RHEDA  or REDA  was a travelling carriage
~ 17, 2d ed.; and especially Rubino, Untersuch- with four wheels.  Like the CovINus and  the
sgen Pber' R;lmiscIec Veijfssun7g, passim; and  ESSEDUMf it was of Gallic origin  (Quintil. Inst.
]Becker, Ilandbulch der RI1tmischen AltertlAiinler, vol. Orat. i. 5. ~ 68  Caes. Bell. Gall. i. 51), and
ii. pt. i. p. 291, &c.                              may perhaps contain the same root as the German
REX  SACRtIFI'CULUS, REX  SACRI'FI-  reiten and our ride.  It was the common carriage
CUS, or 1EX  SACRO'RUTM.  When the civil used by the Romsans for travelling, and was freiand military powers of the king were transferred  quently made large enough not only to contain
to two praetors or consuls, upon the establishment many persons, but also baggage and utensils of vaof the republican government at Rome, these ma- rious kinds.  (Cic. pro il1i. 1 0, 20; Juven. iii. 10;
gistrates were not invested with that part of the  Mart. iii. 47.)  The word Epilredin77, which was
royal dignity by virtue of which he had been the  formed by the Romans from the Greek preposition
high priest of his nation and had conducted several  tErl and the Gallic rheda (Quint. I. c.), is explained
of the sacra publica, but this priestly part of his  by the Scholiast on Juvenal (viii. 66) as: "Ornaoffice was transferred to a priest called Rex Sacri- 1mentum rhedarum aut plaustrum."
ficiluls or Rex Sacrorulm.  (Liv. ii. 2; Dionys. iv.    RHETOR.  [RaHETORICE GRAPHE.]
74, v. 1.)  The first rex acrorum was designated,    RHETO'RICE  GRAPHE  (PrSlTopalc ypa(p4).
at the command of the consuls, by the college of The best interpretation of this expression is perpo01tiffs, and inaugurated by the augurs.  He was  haps that given by Harpocration and Suidas, s. v.
always elected and inaugurated in the conlitia ca- 71 Kah  p41Tropos YEYofEYV?7,?ypdbarTds 7't 1) ~erdvoe
Iota under the presidency of the pontiffs (Gell. xv.  4 7rpdaavTos 7rapavaoLY.  There was not any par27), and as long as a rex sacrificulus was ap- ticular class of persons called P'TOpES, invested
pointed at Rome, he was always a patrician, for as lhe  *with a leg1a character, or intrusted with political
had no influence upon the management of political duties, at Athens.  For every citizen, who did not
affairs, the plebeians never coveted this dignity. labour under some special disability, was entitled
(Liv. vi. 41; Cic. pro  Dom. 14.)  But for the  to address the people in assembly, make motions,
same reason the patricians too appear at last to  propose lsaws, &c. The name of ri7'ropes, however,
i}ave attributed  little importance to the office; was given in common parlance to those orators and
whence it sometimes ocims  that for one, or even  statesmen, who more especially devoted themselves
for two successive yeais no rex sacrorum  was ap- to the business of public speaking *while those who
pointed, and during the civ-il aars in the last pe- kept aloof from, or took no part in, the business of
riod of the republic, the office appears to have  popular assemblies, were called  t'ic'Tat.  Hence
fallen altogether into disuse.  Augustus however PiTrCwp is explained by Suidas, s. v.'O Itj  0uvcuse8ems to have revived it, for we find fiequent  aovsxe.wv ceal o6 i 8i41tp &'aYopesiO,. The piTOpLK1
mention of it during the empire, until it was pro-  ypa(p7 might be either the same as the 7rapavdeuwv
bably abolished in the time of Theotosius. (Orclli,  ypaaa, or a maote special prosecution, attended with
Inscr. n. 2280, 228'2, 2283.)                       heavier penalties, against practised  demagogues,
Considering that thlis priest iats the religious  who exerted their talents and influence to deceive
representative  of the kings, he ranked  indeed  the people and recommend bad measures.  Others
higher than all other priests, anld evenl ltigher than  have conjectured this to be a proceeding similar to
the pontifex maximus (Festas. s.v. Oido saeersdo-  the iraTyye-ia a8omtauaeias, dkiected against those
iznl), but in power and influence he was farinlferior  persons who ventured to speak in public, after
to hlim. (Id saceedotiz7un pontifiic su2leceCe, Liv. ii. having been guilty of some misdemeanour which
2.)  He held his office for life (Dionys. i-. 74), would render thems liable to ar'LFLa. Of this nature
was not allowed to hold any civil or military dig- was the charge brought against Timarchus by Aesinity, and was at the same tilme exempted fromn all chines, lwhose object was to prevent the latter from
military and civil diuties.  (Diuonys. 1.'e; Piut. appearing as prosecutor against him on the subject
Quaest. Ronm. 60; Liv. xl. 42.) His principal func- of the embassy to Philip.  (Schlsmann, de Coiulit.
tions were:  I. To perform  thse sacra publica  p. 108; Meier, Att. Proc. p. 209.)  [C. R. K.].which had before been hperformed by the kings t    RHETRAE (Prrpai), specially the name of the
and his wvife, who boase the title of regiac sacrorsuii, ordinances of LTct~tgs. (Plat. Lye. 6, 13.)  The
had like the queeins of former days also to perform   word is defined by the granallarians to signify a
certain priestly functions.  These, sacra publica he  compact or treaty (p'p?7, i1 E7rrl p51'roTsrtar7T  oTuv0G1ic,
or his wvife had to perform on all the Calends, Ides, Apollon. Lex. Hom77. p. 138. 30, ed. Bekker;
and the Nundines; le to Jupiter, and she to Juno, p7rTpai, ravvOiKat 8&aa No'ywv, HesSch.); and most
in the regia.  (Varnr, d(1  Ling. Lat. vi. 12, 13; modetn writers adopt this interpretation, supposing
M-acrob. Sat. i. 15.)  2. On the days called regi-  the word to signify originally w-ords (ob pr}vb), or
fiuium he had to offer a sacrifice in the comitiumum. a declaration, which  bound parties.  It is true
[RE vIFUGIur v.]  3. When extraordinary portenta  that the etynmology points simply to that which is
seemed to announce some general calamlity  it was  spoken or declared; but Plutarch gives another
his duty to try to propitiate the anger of the gods. meaninig to the word in relation to the laws of
(Fest. s. v. Regiae feriae.)  4. On the nundines  Lycurgus, and says that they were divine ordialhen the people assembled in the city, thte rex sa-  nlances (pir'pas ceiUaoev, e cms arapa'ov  so6 vonLcrorum announced (edicebat) to them the succession  C3/seva Kal XprpsoaUs ovrTa, Plut. Lye. 13).  The
of the festivals for the month.  This part of his  opimnion of Mr. Grote, which reconciles these two
folictions however must have ceased after the time  accounts, seems the most probable.  " The word
of Cn. Flavius.  (Varro, de Lizng. Lat. vi. 13;  1Rtetrac means a solemn compact, either originally
Selrv. itd Aen. viii. 654.)  He lived in a domus  emanating from, or subsequently sanctioned by the
publica on the via sacrn, near the regia, and the Igods, who are alwavys parties to such agyreements:




RLICINIUMI.                                          ROSTRA.                   995
see the old treaty between the Eleians and He- by femlales. (Varro, 1. c.; Fest. s. v. Rica..)  The
raeans-'A Fpdrpa, between the two,commemorated  grammarians appear themselves to have had no
in the valuable inscription still preserved, - as an-'clear idea of the ricinium; but after careful examicient, according to Bickh,as Olym. 40 —60 (Bockh, nation of the passages above referred to, it appears
Cohip. 122script. No. ii. p. 26, part i.).  The words  to have been a kind of mantle, with a sort of cowl
of Tyrtaeus imply such a contract between the  attached to it, in order to cover the head.  It was
contracting parties: first the kings, then the sena- also worn by mimes upon the stafe (Fest. I.c. and
tus, lastly the people, — eOeLas fPrIpats &aTeirae.Me- s. v. Orchestrca), and the mavortium, mavorte, or
~oyevovs,-wheretheparticiplelastoccurringapplics  may-ors of later times was thought to be only annot to the people alone, but to all the three.  The  other name for what had formerly been called riciRhetra of Lycurgus emanated from the Delphian  nium.                                       [L. S.]
god: but the kings, senators, and people all bound    ROBIGA'LIA, a public festival in honour of
themselves, both to each other and to the gods to  the god Robigus to preserve the fields from milobey it."  (Grote, Hlist. of Greece, vol. ii. p. 462; dcw, is said to have been instituted by Numa, and
for a different explanation of the word, see Thirl- was celebrated a. d. v-ii. Kal. Acli. (April 25th).
wall, Hist. of Greece, vol. i. p. 335, 2d ed.)     (Plin. I. Nr xviii. 29. s. 69; Varro, Re Runst. i.
RHYTON  (PvgV ),a drinking-horn (mKpae), by  1. p. 90, ed. Bip., Ling. Lat. vi. 16, ed. Miill..;
which nameit was originally called, is' said by Athe-  Festus, s. 7'.)  The sacrifices offered on this occanaeus (xi. p. 497, b) to have been first made under sion consisted of the entrails of a dog and a sheep,
Ptolemy Philadelphus; but it is even mentioned  accompanied with frankincense and wine: a prayer
in Demosthenes (c. jIlid. p. 565. 29), as Athenaeus  was presented by a flamen in the grove of the anhimself also remarks.  The oldest and original cient deity, whom  Ovid and Columella make a
form of this drinking-horn was probably the horn  goddess.  (Ovid. Fiast. iv. 907-942; Colum. x.
of the ox, but one end of it was afterwards orna-  342.)  A god Robigus or a goddess Robigo is at
mented with the lseads of various animals and  mlere invention from the name of this festival, for
birds.   Ve frequently find representations of thle  the IRomans paid no divine honours to evil deities.
iu'&dv on ancient vases depicting symposia. Several (IIartnm', Die Religion der Ri7ber, vol. ii. p. 148.)
specimens of these drinking-horns have also been    ROBUR.  [CaRcEn, p. 241, a.]
discovered at Pompeii (Altseo Borbonico, vol. viii.   RtOGA'TIO.  [Ix, p. 682.]
14, v. 20): representations of two of these are    ROGATO'RES.  [DIuIsIORmEas.]
given in the annexed cut.                             1OGUS.  [FUNLTS, p. 559, b.]
RO.MPHEA.  [I-HAST, p. 589, a.]
~_gE7i                __  _       J + RORA/RII.  [Ex ERacIus,        pp. 495, 502, b.J
(\4                                   2;{{X\5OIP \STIA, or The Beaks, was the name applied
\' I ill~i/?jSI.                   to the stage (stlesetls) in the Forrinl, from which
\\i____ Z                                    the orators addressed the people.  This stage wa.s
originally  called teinplnum  (Liv. ii. 56), because it
41' z.,,  t        <^^-                ~was consecrated by the augurs, but it obtained its
\( -J)    nwamlne of Rostra at the conclusion of the great Latin
war, when it was adorned with the beaks (rostra)
of the ships of the Antiltes. (Liv. viii. 14; Flor.
i. Il;  llili. 1".    xiD.. 11.)  T'he Greeks.
also mutilated galleys in the samle way for the
The  uTov had a small openlil  at the bottomll, purpose of trophies: this was  called by  them
which the person who drank. put into his niouth,  6cepw7r7piadeiv.  [ACROTERIUM.]
and allowed the wine to runl in: hence it derived    The Rostra lay between the Comitinm  or place
its name ('voetaeOai rcr  &rb 7h'is'P6oEwS, Athenl.  of meeting for the curies, and the Forum or place
xi. p. 497, e).  WVe see peesonls itsilg the pvbdv in  of meeting for the tribes, so that the speaker might
this way in ancient paintings. (Pitt. d'Ercol. -i. t. turn either to the one or the other, but down to
46; Zahn, Ornacz. zcd m1acsdlyee. t. 90.) Martial the time of C. Gracchus, even the tribunes in
(ii. 35) speaks of it under the lnamle of Rhlytiume. speaking used to front tile Comitiuim; he first
(Becker, Clhlaik-les, vol. i. p. 505.)            turned his back to it and spoke with his face toRICA.  [FLAMENiT.]                              wards the forum.  (Niebuhr, Hist. of Romne, vol. i.
RICI'NI U M, REC'NIIUM  or RECINUS, an  p. 426, note 990.)  The form  of the Rostra has
article of dress.  The name was accordingto Festus  been well described by Niebuhr (vol. iii. p. 144,
(s. v.) applied to any dress consisting of a square  note 268) and Bunsen (quoted by Arnold, list. of
piece of cloth.  It occurs in a fragmllent of the  Roime, vol. ii. p. 164): the latter supposes "that
Twelve Tables (Cic. de Leg, ii. 23), and the an  it was a circular building, raised on arches, with
cient commentators according to Festus explained  a stand or platform on thie top bordered by a parathe word there'as a toga for rwomlen (if the reading  pet; the access to it being by two flights of steps,
Frer. togeas be right instead of virilemz togam), with  one on each side. It fronted towards the comitiiml,
a purple stripe in front.  That it was an article of amid the rostra were affixed to tie front of it, just
female dress, and more especially a small and short under the arches.  Its form  has been in all the
kind of pallimn, is stated by Nonius (xiv. 33) on  main points preserved in the ambonos, or circular
the authority of Varro.  It was worn in grief and  pulpits, of the most ancient churches, which also
mourning, and in sutch a manner that one half of it had two flights of steps leading up to them, one on
was thrown back (Varro, de Ling. Let. v. 132;  the east side, by which the preacher ascended,
Serv. ad Aen. i. 286; Isidor. Orig. xix. 25), and another on the west side, for his descent.
whence the ancient grammarians derive the word  Specimens of these old churches are still to be
from rzjiceee, although it is manifestly a derivative  seen at Rome in the churches of St. Clement and
from rica(, which was a covering of thIe head used  S. Lorenzo fuori le mure."  The speaker wa.s thet;
3s2




996               RUTRUM.                                            SACERDOS.
enabled to walk to and fro, while addressing his  RASTER.  It was used before sowing to level the
audience.                                          ground, by breaking down any clods which adhered
The suggestus or Rostra was transferred  by  too long together. (Non. Marc. p. 18, ed. Merceri.)
Julius Caesar to a corner of the Forum, but the  This operation is described by Virgil in the follow-r
spot, where the ancient Rostra had stood, still con-  ing terms, which also assign the derivation of the
tinued to be called Rostra Vetera, while the other  name: "Cumulosque Iuit male pinguis arenae."
was called Rostra Novas or Rostra Julia. (Ascon.  (Geosg. i. 105.)  See Festus, s. v.; Varro, de,.
in Cic. Ilil. ~ 12. p. 43, ed. Orelli; Dion Cass.  Lat. v. p. 137, ed. Spengel.  The same implement
xliii. 49, lvi. 34; Suet. Aug. 100.)  Both the  was used in mixing lime or clay with water and
Rostra contained statues of illustrious men (Cic.  straw to make plaster for walls. (Cato, de Re Rust.
P/ililp. ii. 61); the new Rostra contained eques-  10, 128; Pallad. de Re Rust. i. 15; Plin. II.'v.
trian statues of Sulla, Pompey, Julius Caesar, and  xxxvi. 23. s. 55.)
Augustus. (Vell. Pat. ii. 61.)  Niebuhr (l. c.) dis-    The word ruZtCabeldum ought to be considered as
covered the new Rostra in the long wall, that runs  another form of'utzlruz.  It denoted a hoe or rake
in an angle towards the three columns, which have  of the same construction, which was used by the
for a very long time borne the name of Jupiter  baker in stirrinlg the hot ashes of his oven. (Festus,
Stator, but which belong to the Curia Julia.  The  s. v.)  A wooden rutabulum was employed to mix
substance of the new Rostra consists of bricks and  the contents of the -ats in which wine was mado.
casting-work, but it was of course cased writh  (ColrIn. de Re Rest. xii. 20.)             [J. Y.]
marble: the old Rostra Niebuhr supposes were
constructed entirely of peperino.: The following coin of M. Lollins Palicanus con-                         S.
tains a representation of the,Rostra.
SACCUS (dcaKKos), signlified  in general:any
ind of sack or bag, made of hair, cloth, or othlerI                      /14-  PnkPEadtiE-      materials.  AWe have only to not'ce heoe its melan___ ROing as -I1. A head-dress. [CoiA, p. 329.]  2. A.,'i[' -  -  sieve for straining wvine [V1Nu1r].  3. A  pure
for holding monley.  Hence the plhrase in Plautus
$      y            Sie ead sacc2uu1, "'to go a begging." (Plaut. Caxpt. i.
1. 22.)
SACELLUM  is a diminutive of sacer, and sigRtOSTRA'TA  COLUMNA.  [CaLViINA, p.  anifies a small place consecrated to a god, containing
327, b.]                                           an altar, and sometimes also a statue of the god to
ROSTRA'TA CORO'NA. [CORONA, p. 360.]  whom it was dedicated. (Gellius, vi. 12.)  Festus
ROSTRUM.  [NAvIs, p. 786,b.]                    (s. v.) completes the definition by stating that a
ROTA.  [CURRUS, p. 378.]                        sacellum  never -had a roof.  It was therefore a
RUDENS (lcaiAws), any rope used'to move or  sacred enclosure surrounded by a fence or wall to
fix the mast or sail of a vessel (Juv.,vi. 102; Ovid.  separate it from the profane ground around it, and
met. iii. 616; Achilles Tatius, ii. 32.)  The dif-  answers to the Greek 7repiAoXos.  The form  of a
ferent ropes of an ancient ship are spoken of under  sacellum  was sometimes square and sometimes
NAVIS, P. 790.                                     round.  The ancient sacellmn of Janus which was
RUDERA'TIO.  [Doslus, p. 431, a.]               said to have been built by Romulus, was of a
RUDIA'RII.  [GLADIATO sR, p. 575, a.]            square form, contained a statue of the god, and liad
RUDIS.  [GLADIATOREs, p. 575, a.]               two gates. (Ovid. Fast. i. 275; Terent. IMaur. ino
RUIFULI, the name of the tribunes of the  Wernsdorf'sPoet.iinz.. ii. p. 279.) Many Romanssoldiers chosen by the consul or other general.  had private sacella on their own estates; but the
(Liv. vii. 5; Festus) s. v.)  For fulrther inform-  city of Rome contained a great number of public
ation see EXERCITus, pp. 503, a. 504, b.           sacella sudh as that of Caca (Serv. ad Aesn. viii.
RUNCI'NA (puKadv), a plane (Tertull. Apol.  190),oef Hercules in the Forum Boariume (Solin. i.;
12; Brulick, Anal. i. 227), is delineated among  Plin. It 1M, x. 29), of the Lares (Solin. 2), of
joiner's tools (Instrum7en. actbs. Tignar.) in the  Naenia (Fest. s. v. NAaeziae deae), of Pudicitia
woodcut at p. 806. The squlare hole in the right side  (Liv. x. 23), and others.           [L. S.]
of the stock seems intended for the passage of the    SACERDOS, SACERDO'TIUM.  Cicero (de
shavings (snaaanenta).  The Latin and Greelk names  Leg. ii. 8) distinguishes two kinds of sacerdotes
for this instrument gave origin to the corresponding  those who had the superintendence of the forms of
transitive verbs rusnciszo and pvtcav&aw, meaning to  worship (caereinboniae) and of the sacra, and those
plane. (Min. Felix, 23.)  They seem to be allied  who interpreted signs and what was uttered by
etymologically with p5vyXos,referring to the opera-  seers and prophets.  Another division is that into
tion of those beasts and birds which use their snout priests who were not devoted to the service of any
or beak to plough up the ground.       [J. Y.]    particular deity, such  as the  pontiffs, augurs,
RUTILIA'NA ACTIO was a Praetorian actio  fetiales, and those who were connected wvith the
introduced: by the Praetor Publius Rutilius, by  worship of particular divinities, such as the flavirtue of which the bonorum  emptor could sue in  mines.  The priests of the ancient world did not-.
the name of the person whose goods he had bought  consist of men alone, for in Greece as well as at
and claim the condemnatio to be made in his own  Rome certain deities were attended only by priestfavour and in his own name.  (Gaius, iii. 80, 81,  esses.  At Rome the wives of particular priests
iv. 35.)                               [G. L.]    were regarded as priestesses, and had to perform:
RUTRUM, disti. RUTELLUM,        a kind of hoe,  certain sacred functions, as the regina sacrorum
which had the handle fixed perpendicularly into  and the flaminica. [FLAEreN; REX SACRORVnAI.
the maiddle of the blade, thus differing from the  In other cases nmaidens were appointed priestesses,




SACERDOS.                                           SACERDOS.                   9.97
s the Vestal virgins, or boys, with regard to whom   and the augurs, or by the latter alone. (Dionys. ii.;
it was always requisite that their fathers and  22.)  Those priests who formed colleges had ori-.
mothers should be alive (patrimz i et 2zatrimi). ginally, as we have already observed, the right of
As all the different kinds of priests are treated of cooptatio; but in the course of time they were
separately in this work, it is only necessary here  deprived of this right, or at least the cooptatio was.
to make some general remarks.                       reduced to a mere form, by several leges, called
In comparison  with the civil magistrates all leges de sacerdotiis, such as the lex Domitia. Corpriests at Rome were regarded as hominies privati nelia, and Julia  their nature is described in the
(Cic. c. Ccatil. i. 1, de Off: i. 22, ad A4ft. is. 2, article PONTIFEX, p. 940, &c., amild what is there
hdilijp. v. 17), though all of them as priests were  said in regard to the appointmente of pontiffs apsacerdotes publici, in as far as their office (sacerdo-  plies equally to all the other colleges.  The leges
tine) was connected with any wvorship recognised  annales, wlhich fxed the age at which persons be..
by the state.  The appellation of saee.dos publiczts  came eligible to the different miagistracies, had no
was however given principally to the chief-pontiff reference to priestly offices; and on the whole it
and the flamen dialis (Cic. de Leg. ii. 9; Serv. seems that the. pubertas ws regarded as the time
ad Aen. xii. 534), who were at the same time the  after which a person might be appointed to a saonly priests who were members of the senate by  cerdotium. (Liv. xlii. 28; Plunt. Til. Grace7. 4.)
virtue of their office.  All priestly offices or sacer-    All priests had some external distinction, as tihe
dotia were held for life without responsibility to  apex, tutulus, or galerns, the toga praetexta, as
any civil magistrate.  A priest was generally al- well as honorary seats in the theatres, circuses and
lowed to hold any other civil or military office be- amphitheatres.  They appear however to have
sides his priestly dignity (Liv. xxxviii. 47, xxxix. been obliged to pay taxes like all other citizens,
45; Epit. 19, xl. 45, Epit. 59, &c.); some priests  but seem  occasionally to have tried to obtain ex-.:
however formed an exception, for the duumviri, the  emption.  See the case related in Livy, xxxiii. 42.
rex sacrorum and the flamen dialis were not allowed    Two interesting questions yet remain to be as1to hold any state office, and were also exempt swered. first whether the priests at Rome were
from service in the armies. (Dionys. iv. 8.) Their paid for their services, and secondly whether they
priestly character was, generally speakisg, insepa- instructed the young, or the people in general, in.
rable from their person, as lonrg as they lived (Plin. the principles of their religion.  As regards the
Aiipist. iv. 8): hence the augurs and fratres arvales  first question, we read that inr the time of Romulus
retained their character even when sent into exile, lands were assigned to each temple and college ofr
or when they were taken prisoners.  (Plin.'H. N1. priests (Dionys. ii. 7), and when  Festus (s. s.
xviii. 2; Pint. Quaest. Rome. 99.)  It also occurs  Oscem.) states that the Roman augurs had the
that one and the same person held two or three  enjoyment (froi solebast) of a district in the terripriestly offices at a time.  Thus we find the three  tory of Veii, we may infer that all priests had the
dignities of pontifex maximus, augur, and decemvir uesus of the sacred lands belonging to their respecsacrorum united in one individual.  (Liv. xl. 42,) tive colleges or divinities.   This supposition is
But two persons belonging to the same gent s were  strengthened by the fact that such was actual-ly.
not allowed to be members of the same college of the case in the Roman colonies, where, besides the
priests.  This regulation however was in later lots assigned to the coloni, pieces of land are men-,
times often violated or evaded by adoptions. (Serv. tioned which belonged to the colleges of priests,
ad Aen. vii. 303; Dion Cass. xxxix. 17.)  Bodily  who made use of thenir by letting them out to farm.
defects rendered, at Rome as among all ancient (Siculus Flaccus, de co.dit. agror. p. 23, ed. Goes.
nations, a person unfit for holding any priestly  Hyginus, de Limnit. C0o2Stit. p. 205, ed. Goes.)  It
office. (Dionys. ii. 21; Senec. Controv. iv. 2; Plut. appears however that we must distinguish between
Quaest. Rom. 73; Plin. iL. N  vii. 29.)            such lands as were sacred to the gods themselves
All priests were originally patricians, but from  and could not be toaken fiom them except by exau-:
the year B. c. 367 the plebeians also began to take  guratio, and such, as were merely given to the
part in the sacerdotia [PLEBEs, p. 927], and those  priests as possession and formed part of the ager
priestly offices which down to the latest times re-  publicus.  Of the latter the state remained the
mained in the hands of the patricians alone, such  owner, and might take them from the priests in any
as that of the rex sacrorum, the flamines, salii and  ease of necessity. (Dioni Cass. xliii. 47; Oros. v. 18;
others, had no influence upon the affairs of the  Appian, de Bell. 111/thr. 22.)  Besides the use of
state.                                              such sacred or public lands. some priests also had a
As regards the appointment of priests, the an- r eular annual salary (stipeC diez-z), which was paid
cients unanimously state that at first they were  to them  from  the public treasury.  This is exappointed  by the kings (Dionys. ii. 2l, &c. 73; pressly stated in regard to the Vestal virgins (Liv. i.,
Liv. i. 20), but after the sacerdotia were once in-  20), the augurs (Dionys. ii!. 6), and the curiones
stituted, each college of priests —for nearly all (Fest. s. v. Curionium), and may therefore be sulppriests constituted certain corporations called col- posed to have been the case with other priests also,
legia -  had the right of filling up the occurring va-  The pontifex maximus, the rex sacrorum, and the.
cancies by cooptatio. [PONTIFEX, P. 940.] Other  Vestal virgins had moreover cI domus publica as,
priests, on the contrary, such as the Vestal virgins  their place of residence.  In the time.of the empe-:
and the flamines, were appointed (capiehantzlur) by  rors the income of the priests, especially of the:
the pontifex maximus, a rule which appears to  Vestal virgins, was increased.  (Suet. Ausq. 31;
have been observed down to the latest times;  Tacit. A2is6al. iv. 16.)
others again, such as the duumviri sacrorum, were    As regards the second question, we do not hear
elected by the people (Dionys. iv. 62), or by the  either in Greece or at Rome of any class of priests
curiae, as the curiones.  But in whatever manner  on whom it was incumbent to instruct the people
they were appointed, allpriests after their appoint- respecting the nature and principles of religion.
tment required to be inaugurated by the pontiffs  Of preaching there is not the slightest trace.  Reli,
3s3




998                 SACRA.                                          SACRIFICITTUM.
prion with the ancients was a thing which was  pnblica, is that they were made at the expense of
handed down by tradition froml father to son; and  those persons or person on whose behalf they were
consisted in the proper performance of certain rites  performed.  Respecting the sacra of a gens, called
and ceremonies.  It was respecting these extcrnal sacra gentilicia, see GENS, p. 568, b.  The sacra
forms of worship alone that the pontiffs were ob-  connected with certain families were, like those of
liged to give instructions to those who consu!lted  a gells, performed regularly at fixed times, and dethem.  [PoNTIrEX.]                       [L.S.]   scended as an inheritance froml father to son.  As
SACRA.  This word in its widest sense ex-  they were always connected with expenses, and
presses what we call divine worship.  In ancient  were also troublesome in other respects, such an
times the state as well as all its subdivisions had  inheritance was reoarded as a burden rather than
their own peculiar forms of worship, whence at anything else. (Macrob. Sat. i. 16.)  They may
Rlome we find sacra of the whole Roman people, of generally hlave consisted in sacrifices to the Pethe curies, gentes, families, and even of private in-  nates, but also to other divinities.  They had
(lividuals.  All these sacra, however, were divided  ustually been vowed by some member of a family
ilto two great classes, the public and private sacra  on some particular occasion, and then continued
(sacra publica el privrata), that is, they were p1er-  for ever in that family, the welfare of which was
formed either on behalf of the whole nation and at thought to depend upon their regular and proper
the expense of the state, or on behalf of ixdi-  performance.  Besides these periodical sacra of a
viduals, families, or gentes, which had also to defray I falnily there were others, the performance of which
their expenses.  (Fest. s. v. Plublica saecra; Liv. i. must have depended upon the discretion of the
20, x. 7; Pint. Nuszs. 9; Cic. de HJIusp. Resl,.  heads of families, such as those on the birthday, or
7.)  This division is ascribed to Nunla. All sacra, on the death of a melmber of a family.  Savigny
publica as well as privata, were superintended and  (Zeitselrifi, vol. ii. p. 3) denies the existence of
regulated by the pontiffs.  We shall first speak of sacra fanniliarum.
the sacra publica.                                    An individual might perform sacra at any time,
Scora Publica.  Among the sacra publica the  and whenever he thought it necessary; but if he
Romans reckoned not only those which were per-  vowed such sacra before the pontiffs and wished
formed on behalf of the whole Roman people, but that they should be continued after his death, his
also those performed on behalf of the great subdivi- heirs inherited with his property the obligation to
sions of the people, viz. the tribes and the curiae, perform them, and the pontiffs had to watch that
which Festus (1. c.) expresses: pr'o mol/anisi p9a.fis, they were performed duly and at their proper time.
c:uriis, sacellis. (See Dionys. ii. 21, 23; Appian, (Fest. s. v. Sawer s   onss; Cic. pro Dosm. 51; comp.
Hist. Ros,. viii, 138, dce Bell. Ci. ii. ii. 106;'lt. ad Att. xii. 19, &c.)  Such an obligation was in
Quacest. Rom. 89.)   The sacen  pro montibns et later times evaded in various ways.
pagis are undoubtedly the sacra montanalia anld    AmongL the sacra privata were reckoned also the
paganalia, which although not sacra of the whole  sacra municipalia, that is, such sacra as a commuRoman people, were yet publica. (\Vanr, (de I,/il. nity or town had been accustomed to perform  beLat. vi. 24, &c.; comlp. Fest. s. v.,Sep)tei1),o/lil.)  fore it had received the Roman franchise.  After
The sacella in the expression of Festus, score-a pro  this event, the Roman pontiffs took care that they
sacellis, appear only to indicate the places wxheire  were continued in the same manner as befor;.
some sacra publica were performed.  (GCrttling,  (Fest. s. 7,. Aluenicip/aeli a saoC'a; comp. Amlbrosch,
Gese... d. Ri;E. Staatsv. P. 176.)   \ V\hat  a s colll- Steed. i. Ass Aldet. p. 215.)
mon to all sacra publlica, is thitt thley  velre per-    (See Gbttlilng, p. 175, &e.; Walter, Geschl. d.
fbrmed at the expense of ecrtailn  lulic filds,  riszm. ReBots, p.  178; Hartung, Die Relig. d. B21nm.
which had to provide the  limoley for Nvictils, liba- vol. i. p. 226, &c.; comp. SACRIlFIClrrlm.)  [L. S.]
tions, incense, and for t]he building  alld mainte-    SACRAMENTUM.  [JusJURANDUAs; VINnance of those places whlere they werec performled.  DucIae.E]
(Fest. 1. c.; Dionys. ii. 23; IiV. x. 2;,, xlii.:.)    SACRA'RIUM was, according to the definition
The funds set apart for the sacls Ipulblice awere ill of Ilpian (Dig. I. tit. O. s. 9. ~ 2), anly place ill
the keeping of the pon tiffla and the sacranIreultill which sacred things were deposited and kept, wheformed a part of themll. They were kept in the  thor this place wals a part of a temple or of a pridomus publica of the pontifcx  neaxinuas, and eere r -ate house. (Comp. Cic. c. Vern-. iv. 2, pro iAillou.
called acrarium  pontificum. (Varro, s/e Lieq. Let.  31; Suet. Tib. 51.)   A  sacrarium  therefore wsas
v. 180; Gruter, 1isCIep)t. 413. 8, 496. 6, 452. 6.)  that part of every house in wvhich the images of the
When these funds did not sunflic, thle state trea- penates were kept.  Respecting the sacrarium  of
sury supplied the deficiency. (Fest. ss.v.,S'crae- the lares see TlRARIUM. Public sacrariaat Rome
v7etenum.)  In the solemnization of the Ficral pub'-  were: one attached to the temple of the Capitoline
lica the senate and the whole people took part. Jupiter, in whichll the tensae or chariots for public
(Plnt. itsm.t. 2.)  This ciicumnstaunce however is processions were kept (Suet. Vespq. 5; Grat. Falisc
not what constitutes their character as sacra pub- 534); the place of the Salii in which the ancilia
lica, for the sacra populariat (Fest. s. v.'Poe1sL. iand the litulis of Romulus were kept (Val. Max.
saer.) in which the whole people took part, might i. O. 11; Serv. eel A en. vii. 603), and others.  In
nevertheless be sacra privata, if the expenses were  the time of the emperors, the name sacrariuin was
not defrayed out of the public funds, but by one  sometimes applied to a place in whllich a statue of
or more individuals, or by magistrates.  The pon- an emperor was erected.  (Tacit. Asnal. ii. 41;
tiffs in conducting the sacra publica were assisted  Stat. S7ilv. v. 1. 240.)  Livy (i. 21) uses it as a
by the epulories.  [EPULONES.]                      name for a sacred retired place in general. [L. S.]
Saera p7rivate embraced, as we have stated,    SACRIFI'CIUM  (lepesv). Sacrifices or offerthose which were performed on behalf of a gens, a  ings formed the chief part of the worship of tlhe
faumily, or an individual.  The characteristic by  ancients.  They were partly signs of gratitude,
which they  were distinguished from  the sacra  partly a means of propitiating the gods, and partly




SACRIFICIUMI.                                         SACTRFICI IJ.                   999)
also intended to induce the deity to bestow  some        That thel  Romans   al.so believed hltlntin sacric
favour upon the sacrificer, or upon those on whose  flees to be pleasinll to the gods, might be inferred
behalf the sacrifice was offered.  Sacrifices in a  from the story of Curtits and fiom the sel -  sacrificX
wider sense would also embrace the DON.ARIA; in  of the Decii.   The symbolic sacrifice of human
a narrower sense sacrificia were things offered to  figures made of rushes at the Lemuralia [LESmSu -
the gods, which merely afforded momentary gra-  aLIAJ] also shows that in the early  history of
tification, which were burnt upon their altars, or  Italy human sacrifices were not uncommon.  For
were believed to be consumed by the gods.  WVe  manother proof of this practice, see the article VWrt
shall divide all sacrifices into two great divisions,  SACRUMv. One awfiul installce also is known, which.
bloody  sacrifices  and  unaloody  sacrifices, and,  belongs to the latest period of the Roman republic.
where it is necessary, consider Greek and Roman  VWhen  the soldiers of Juli;us Caesar attempted an
sacrifices separately.                                insurrecti-on at Rao-e, two of them were sacrificed
Bloody sac'ifices.  As regards sacrifices in the  to Mars in the Campus Martius by the pontifices
earliest times, the -ancients themselves sometimes  and the flamen Martialis, and their heads were
imagined that inbloody sacrifices, chiefly offerings  stuck ulp at the regia.  (Dion Cass. xlii. 24.)
of fruit, had been customary long before bloody         A second kind of bloody sacrifices were those of
sacrifices were introduced amron, them.  (Plat. de  animals of various kinds, according to the nature
Leg. vi. p. 782; Paus. viii. 2. ~ 1, i. 26. ~ 6;  and character of the divinity.  The sacrifices of
Macrob. Sat. i. 10, &c.)  It cannot indeed be de-  animals were the meat caninon among the Greeks
nied, that sacrifices of fi'uit, cakes, libations, and  and Romans.  The victim  was called ifpEpov, and
the like existed in very early times; but bloody  in Latin hostia or svictim7oa.  In the early times it
sacrifices, and more than this, human sacrifices, are  appears to have been the general custom  to burnt
very frequently mentioned in early story; in fact the whole victiin (OAoscauTrei) -upon the altars of
the mythology of Greece is full of instances of hn-  the gods, and the same was in some cases also ohman sacrifices being offered and: of their pleasing served ill later times (Xenoph. Aseaib. vii. 8. ~ 5),
the gods.  Wachsmuth (Hell. Alt. ii. p. 549, &e. and more especially in sacrifices to the gods of the
2d edit.) has given a list of the most celebrated  lower worild, and such as were offered to atone for
instances.  It may be said that none of thelm  has  some crime that had been committed.  (Apollon.
come down to us with any degree of historical evi-  Rhod. iii. 1030, 1209.)  But as early as the time
dence; but surely the spirit which gave origin to  of Homer it was the almost general practice to
those legends is sufficient toprove that human sacri-  burn only the legs (Clqpol, pjpiaa, Julpa) enclosed ill
fices had nothing repulsive to the ancients, and  fat, and certain parts of the intestines, while the
must have existed to some extent. In the historical remaining parts of the victim  were consumed by
times of Greece we find various customs in the wor-  inen at a festive meal.  The gods delighted chiefly
ship of several gods, and in several parts of Greece, in the smoke arising fromn the burning victims, antd
which can only be accounted for by supposing that  the greater the nmnber. of victims, the more pleasthey were introduced as substitutes for human sacri- ing was tie- sacrifice. Hence it u-as not uncommon
fices.  In other cases where civilisation had shown  to offer a sacrifice of one hundred bulls (Eicao-/ud?j7)
less of its softening influences, human sacrifices re- at once, though it must not be supposed that a
mained customary throughout the historical periods  hecatomnb always signifies a sacrifice of a hundred
of Greece, and down to the time of the emperors.  bulls, for the name was used in a general way to
Thus in the worship of Zeus Lycaeus in Arcadia, designate any great sacrifice.  Such great sacrifices
where human sacrifices weressaid to have been in-  were not less pleasing to men than to the gods, for
troduced by Lycaon (Paus. viii. 2. ~ t), they ap-  in regard to the former they were in reality a dopear to have continued till the time of the Roman  nation of meat.  Hence at Athens the partiality
emperors.  (Theoplrast. ap. Porphy'. e Abstia2.ii. for such  sacrifices rose to the  highest degree.
27; Plut. 4uaest. G'. 39.)  In Lencas a pelson  (Athen. i. p. 3; comp. Biickh, Psbl. Ecos. p. 211,
was every year at the festival of Apollo thrown  &c.)  Sparta, on the other hand, wasless extravafrom  a rock into the sea (Strab. x. p. 452); an<d  gant in sacrifices, and while in other Greek states
Themistocles before the battle of Salaitlis is said to  it was necessary that a victim  should be healthy,
have sacrificed three Persians to Dionysius.  (Plut.  beautiful, and uninjured, the Spartans were not
Thsen. 13, Arist. 11, Pelop. 21.)   Respecting an  very scrupulous in this respect.  (Piat, Alcib. ii.
annual sacrifice of hu:nan  beingss at Athens, see  p. 149.)  The animals which were sacrificed were
THARGELIA.  With these few exceptions however  mostly of the domestic kind, as bulls, cows, sheep,
hurman sacrifices had ceased in the historical ages  rams, lambs, goats, pigs dogs,- and horses; but
of Greece.  Owving to the influelnces of civilisation, fishes are also mestioned as pleasing to certain
in many cases animals were substituted fior human  gods.  (Athen. vii. p.. 297.)  Each god had his
beings, in others a few drops of human blood wele tiavourite animals which he liked best as sacrifices;
thought sufficient to propitiate the gods.  (Pans,  but it may be considered as a general rule, that
viii. 23. ~ 1, ix. 8. ~ 1.)  The custom of sacrificing  those aninmals which were sacred to a god were
human life to the gods arose undoubtedly from tile  not sacrificed to him, though horses were sacrificed
belief, which tunder different florms ]las manifested  to Poseidon notvwithstanding this usage.  (Paus.
itself at all times and in all nations, that the noisier  viii. 7. ~ 2.)  The head of the victim  before it
the sacrifice and the dearer to its possessor, the  was killed was in most cases strewed with roasted
more pleasing it would be to the gods.  Hence the  barley meal (ovhAXueTz   or obiuaXas0a) amixed wvithl
frequent instances in Grecian story of persons sn-  salt (mzsola salsa).  The Athenians used for this
crificing their own children, or of persons devoting  purpase only barley grownv in the Rharian plailn.
themselves  to the gods of tle lower wolld.    Is  (Pans. i. 38. ~ 6.)  The -persons who offered the
later times, however, persons sacrificed to the gods  sacrifice wore generally garlands round their heads
were generally criminals -whlo lsad been condemned  and sometimes also carried them  in their hands.
to death, or such as hlad been taken pi4sonler, in wcar.  anmd before they touched anything belonging to the
3s4




1000           SACRIFICIUM.'SAECULUM. 
sacrifice they washed their hands in water.  The  only in later times (1lin. II. NV. xiii. 1), but in tile
victim itself was likewise adorned with garlands, early times, and afterwards also, various kinds of
and its hons were sometimes gilt.  Before the  fragrant wood, such as cedar,fig, vine. and mcyrtleanimal was killed, a bunch of hair was cut from its  wood, were burnt upon the altars of the gods.
forehead, and thrown into the fire as primitiae:  (Suid. s. v. Nv- cpaAta vSXa.)
this preparatory rite was  called  tcadpXEOat..      ~ A third class of unbloody sacrifices consisted of
(Hom. It. xix. 254, Od. xiv. 422; I-Ierod. ii. 45, fruit and cakes.  The former were mostly offered
iv. 60; Eurip. Ipihig. Tautz. 40.)  In the heroic  to the gods as primitiae or tithes of the harvest,
ages the princes, as the high priests of their people, and as a sign. of gratitude.  They were sometimes
killed the victim; in later times this was done by  offered  in  their- natural state, sometimes also
the priests themselves.  When the sacrifice was to  adorned or prepared in variousways.  Of this kind
be offered to the Olympic gods, the head of the  were the eipeeotuvyq, an olive branch wound around
animal was drawn heavenward (see the woodcut. with wool and hung with various kinds of fruits 
on the title pagse of this work: comp. Eustath. ad  the XSrpat or pots filled with cooked beans [PYAIliad. i. 459); when to the gods of the lower  NEPSIA];  the  cipyoy   or ciepva, or dishes. with
world, to heroes, or to the dead, it was draw-n  fruit; the ~brXaL or /koXa [OSClHOPHORIA]. Other
downwards.  While the flesh was burning upon  instances may be found in the accounts of the
the altar, wine and incense were throwrn upon it various festivals.  Cakes (7rEAavot, 7rEl/Uara, ar, -
(Iliad, i. 264, xi. 774, &c), and prayers and music  rava, liul)ln.) -were peculiar to the worship of ceraccompanied the solemnity.                         tain  deities, as to that of Apollo.  They were
The most common animnal sacrifices at Rome  either simple cakes of flour, sometimes also of wax,
were the suovetaurilia, or solitaurilia, consisting of or they were made in the shape of some animal,
a pig, a sheep, and an ox.  They were performed  and were then offelred as symbolical sacrifices in
in all cases of a lustration, and the victims were  the place of real animals, either because they could
carried around the thing to be lustrated, whether not easily be procured or were too expensive for
it was a city, a people, ox -a piece of land.  [Lus- the sacrificer. (Suid. s. v. BoSs 7'~b3otos; Serv. ad
TRATIo.1   The Greetk rptiT'r'a, which likewise, A.e. ii. 1 16.)- This appearanceinstead of reality
consisted of an ox, a sheep and a p'g, was the" in sacrifices was also manifest on other occasions,
same sacrifice as the Roma  suovetaurilia. (Calli- for we find that sheep were sacrificed instead of
mach. ap. Palot. s. v. TpirrSrav.; Aristoph. P!ot. 820.)' stags,; and  were then called' stags; and in the
The customs observed before and during the sacri- temple of Isis at Rome the priests used water of
face of an animal were on the whole the same as  the river Tiber instead of Nile water, and called
those observed in Greece.  (Virg. Aen. vi. 245; the former water of the Nile.  (Fest. s. v. CerServ. ad Aen. iv. 57; Fest. s. v. Inmmolase; Cato, vasia ovis; Serv. 1. c.)
de Re Rust. 134, 132.)  But the victim  was in    See Wachsmuth, liellen. Altertlumnssk. vol. ii.
mnost cases not killed by the priests who conducted  pp. 548-559, 2d ed.; lartung, Die Pteligion der
the sacrifice, but by a person called popea, who  Riner, vol. i. p. 160, &c.                 [L. S.]
struck the animal with a hammer before the knife    SACRILE'GIUM is the crime of stealing things
was used.  (Serv. ad Aen. xii. 120; Stet. Calig. consecrated to the gods, or things deposited in a
32.)   The better parts of the intestines (eata)  consecrated place. (Quinctil. vii. 3. ~ 21, &c.; Cic.
were strewed with barley meal, wine, and incense, de Leg. ii. 16; Liv. xlii. 3.)  A lex Julia referred
and were burnt upon the altar.  Those parts of to in the Digest (48. tit. 13. s. 4) appears to ha-ve
the animal which were burnt were called prosecta, placed the crime of sacrilegium on an equality with
prosiciae, or asbleqgniz.  When a sacrinfice  was  peculatus. [PECULATUs.   ]  Several of the imperial
offered to gods of rivers or the sea, these parts  constitutions made death the punishment for a
were not burnt, but thrown into the water. (Cato, sacrilegus, which consisted according to circmnde Re Rust. 134; Macrob. Sat. ii. 2; Liv. xxix.  stances either in being given up to wild beasts, in
27'; Virg. Aess. v. 774.) Respecting the use which  being burned alive, or hanged. (Dig. 48. tit. 13. s.
the ancients made of sacrifices to learn the will of 6.)  Pauslus says in general that a sacrilegus was
the gods, see HARTJSPEX and DIvrNATIO.              punished with death, but he distinguishes between
Unbloodl  sacrifices.  Among these we may first such persons who robbed the sacra publica, and
mention the libations (libationes,;Xoal or o'mromail).  such as robbed the sacra privata, and he is of
We have seen above that bloody sacrifices were  opinion that the latter, though more than a common
usually  accompanied by libations, as wine was  thief, yet deserves less punishlmentthan the former.
poured upon them. Libations alwvays accompanied  In a wider sense, sacrilegium vwas used by the Roa sacrifice which was offered in concluding a treaty  mans to designate any violation of religion (Corn.
with a foreign nation; and that here they fornied a  Nep. A/lcib). 6), or of anything which should be
prominent part of the solemnity, is clear from the  treated with religious reverence.  (Ovid. Al-et. xiv.
fact that the treaty itself was called errroalai. But 539, Remz. Amis. 367, Fast. iii. 700.)  Ilence a
libations were also made independent of any other law in the Codex (9. tit. 29. s. 1) states that any
sacrifice, as in solemn prayers (Iliad, xvi. 233), person is guilty of sacrilegium  who neglects or
and on many other occasions of public and private  violates the sanctity  of the  divine law.  Anlife, as before drinking at meals, and the like. other law (Cod. 9. tit. 29. s. 2) decreed that even
Libations  usually  consisted of unmixed  wine  a doubt as to whether a person appointed  by
(i'arovosr, s:nerun), but sometimes also of milk, an emperor to some office was worthy of this
honey, and other fluids, either pure or diluted with  office, was to be regarded as a crime equal to
water.  (Soph. Oed. Col. 159, 481; Plin. I-. AI. sacrilegium.                              [L. S.]
xiv. 19; Aeschyl. Eaz n. 107.)  Incense was like-    SACRO'RUM  DETESTA'TIO.  [G-,sF, p.
wvise an offering which usually accompanied bloody  568, b.]
sacrifices, but it was also burned as an offering by    SAECULA'RESLUDI. [LunIS.AEcuLAaR.]
itself.  Real incense appears to have been used    SAE'CULUM.  A  saeculum was of a twof.ldd




SAGITTA.                                            SAGITTA.                  1001
inature,-that is, either civil or natural.  The civil XaAxjpns, "fitted  with bronze," which Ilomer
saeculum, according to the calculation of the Etrus- applies to an arrow. (II. xiii. 650, 662.) Another
cans, which was adopted by the Romans, was a  IIomeric epithet, viz. "three-tongued " (-rplybXyiv
space of time containing ] 10 lunar years.  The  1I. v. 393), is illustrated by the forms of the arrownatural saeculum, upon the calculation of which  heads, all of bronze, which are represented in the
the formier was founded, expressed the longest annexed woodcut.  That which lies horizontally
term of human life, and its duration or length was
ascertained according to the ritual books of the
Etruscans, in the following manner: the life of                     _
person, which lasted the longest ofall those who
were born on the day of the foundation of a town,
constituted the first saeeulunm  of that town; nund 
the longest lvTer of all who were born at-the time
when the second saeculum began, again determined
the duration of the second sacculum, and so on.
(Censorin. de Die Nat. 17.)  In the same manner
that the Etruscans thus called the longest life of a
nian a saeculn m, so they called the lonTest existence of a state, or the space of 1100 years, a sace-       
cular day; the longest existence of one human
race, or the space of 8800 years, a saecular week,
&c. (Plut. Sulla, 7; Niebuhr, li.it. of' Rome, i.
p. 137.)  It was believed that the return of a new
raeculurn  was marked by various wonders anod
signs,  which were recorded in the.history of the  was found at Persepolis, and is drawn of the size
Etruscans.  The return of each saeculum at Rome  of the origiinal.  The two smallest, one of oIiicll
-was announced by the pontiffs, who also made the  shows a rivet-hole at the side for fastening  it to
necessary inltercalations in such a manner, that at the shaft, are from the plain of Marathon. (Skelton,
the commencement of a new saeculnmn the begin-  Illust. of AArmour tt Goodrich Court, i. pl. 44.)
iiing of the ten nlonths' year, of the twelve months' The fourth specimen was also found in Attica.
year, and of the solar year coincided.  But in  (Dodwell, 1. c.)  Some of the northern nations,
these arrangements the greatest arbitrariness and  who could not obtain iron,'barbed their arrowirregularity appears to have prevailed at Rome, as  heads with bone.  (Tacit. Germ. 46.)
may be seen from the unqqual intervals at which    The use of barbed (cadnctse, /aseaztae), and poithe lutdi saeculares were celebrated. [LuDr   SAE- soned arrows (renennate sacittae) is always repreCULARES.]  This also accounts for the various  sented by the Greek and Roman authors as the
ways in which a saeculum was defined by the an- characteristic of barbarous nations.  It is attricients: some believed that it contained  thirty  buted to the Sauromatae  lad Getae (Ovid. Trist.
(Censorin. 1. c.), and others that it contained a  iii. 10. 63, 64, de P'o2to, iv. 7. 11, 12); to the
hundred years (Varro, de Ling. Lat. vi. 11; Fest. Servii (Arnoldi, C/Iron. Slav. 4. ~ 8) and Scythians
s. v. Saeceslares ludi); the latter opinion appears  (Plin. II. AN  x. 53. s. 115), and to the Arabs
to have been the most common in later times, so  (Pollulx, i. 10) and Moors. (-Ior. Ctarl. i. 2-2. 3.)
that saeculum  answered to our century.  (See  When Ulysses wishes to have recourse to this in-.
Niebuhr, Ilist. of'Rome, i. p. 275, &c.)   [L. S.]  sidious practice, he is obliged to travel north of tihe
SAGA'RII, the sellers or makers of the saoga  country of the Thesprotians (IHom. Od. i. 261or soldiers' cloaks. [SAGITa.] They formed a col- 263); and the classical authors who mention it
legium at Rome, and, like many of the other trade-  do so in terms of condemnation.  (Hom. Plin.
corporations, worshipped the imperial family, as 1l. cc.; Aelian, II. A. v. 1 6.)  The poison applied
we see from inscriptions. (Dig. 14. tit. 4. s. 5. ~ 15; to the tips of arrows having been called toxic-m
1 7. tit. 2. s. 52. ~ 4; -and the inscription in A. W. ('rostcbv), on account of its conlnection with the
Zumpt, De Asgpusstalibsss, Berol. 1846, p. 17.)    use of the bow (Plin. II. N. xvi. 10. s. 20  Festls,
SAGITTA  (oiFT&, i's; Herod.'dTev~ta), an  s. v.; Dioscor. vi. 20), the signification of this term
arrow.  The account of the arrows of Hercules  -was afterwards extended to poisons in general.
(Hesiod, Scust. 130-135), enumerates and de-  (Plalt. l3erc. ii. 4. 4; Hor. JEplod. xvii. 61
scribes three parts, viz. the head or point, the  Propert. i. 5. 6.)
shaft, and the feather.                               II. The excellence of the shaft consisted in
I. The hlad was denominated apals (I-Ierod. i. being long and at the same time straigsht, and, it
215, iv. 81), whence the instrument, used to ex. it was of light wood, in being well polished. (Hes.
tract arrow-heads from the bodies of the wounded, Scut. 133.)  But it often consisted of a smooth
was called a&pdsoOpa.  [FoacEPs.]  Great quan- cane or reed (Alundo doiax or /sAragizites, Linn.    ),
tities of flint arrow heads are found in Celtic bar- and on this account the whole arrow was called
rows throughout the north of Europe, in form ex- either arunzdo in the one case (Virr. Aen. iv. 69actly resembling  those which are still used by the  73, v. 525; Ovid. ]I'fet. i. 471, viii. 382), or
indians of North America.  (Hoare's Anc. Wilt-  calamus in the other. (Virg. Biec. iii. 12, 13; Ovid.
shire, Soouth, p. 183.) Nevertheless, the Scythians  SAlet. vii. 778; Hor. Caet-n. i. 15. 17; Jnv. xiii..and Massagetae had them of bronze. (Herod. 1l. cc.)  80.) In the Egyptian tombs reed-arrows hlave been
Mr. Dodwell found flint arrow-heads on the plain  found, varying from  34 to 22 inches in length.
of Marathon, and concludes that they had be-  They showv the slit (yAvqis,  tHom. II. iv. 122,
longed to the Persian army. (Tour? t/rousgs  Greece, Od. xxi. 419) cut in the reed for fixinlg  it upon
vol. ii. p. 1.59.)  Those used by the Greeks were  the string. (Wilkinson, 11In. and Cust. &c. vol. a.
comlmonly bronze, as is expressed by the epithet p 309.)




1002              SAGUM.                                            SALIENT E'S.
III. The feathers are shown on ancient monu-  resembled in form the PailLdamentum  (see wood;
ments of all kinds, and are indicated by the terms  cuts, p. 854), as we see from  the specimens of it
alae (Virg. Aen. ix. 578, xii. 31 9), penoatnte sa-  on the colnmn of Trajan and other ancient monugittae (Prudentins, Haliart. 498), and 7rrep6EvTes  ments.  It was thick and made of wool (Mart.
o'aroI. (Ioem. II. v. 1 71.)  The arrows of Hlercu-  xiv. 159), whence the name is sometimes given to
les are said to have been feathered from the wings  the wool itself. (AVarro, L. L. v. 167, ed. Miiller.)
of a black eagle.  (Hes. I. c.)                    The cloak worn by the general and superior officers
Besides the use of arrows in the ordinary way, is sometimes called sagunl (Punicu1n saYU1n, Hor.
they were sometimes employed to carry fire. Julius  EY. ix. 28), but the diminutive Scaglumz is more
Caesar attempted to set Antony's ships on fire by  commonly used in such cases.  (Compare Sil. Ital.
sending BAtX 7ruvpcpnpa from the bows of his archers. iv. 519, xvii. 528; Liv. xxx. 17, xxvii. 19.)
(Dion Cass. 1. 34.) A head-dress of small arrows is    The cloak worn by the northern nations of
said to have been worn by the Indians (Prudentius,  Europe is also called sagum: see woodcut, p. 213,
1. e.), the Nubians and Egyptians, and other Orien- where three Sarmatians are represented with saga,
tal nations.  (Claudian, dle Nul t Honor.on. 222, de and compare PAI.luAl, p. 85~2.  The German
3 Conzs. honor. 21, de Laud. Stil. i. 254.)        sagum is mentioned by Tacitus (Gernm. 17): that
In the Greek and Roman armies the sayittarii,  worn by the Gauls seems to have been a species of
more anciently  called arquites, i. e. archers, or plaid (versieolor sagalulm, Tac. IHist. ii. 20).
bowmen (Festus, s. v.), formed an important part    The outer garment worn by slaves and poor
of the light-armed infantry.  (Caesar, Bell. Cliv. i. persons is also sometimes called sagunm. (Columell.
81, iii. 44; Cic. cd Fcskm. xv. 4.)  They belonged, 1. 8; compare Dig. 34. tit. 2. s. 23. ~ 2.)
for the most part, to the allies, and were princi-    SALAMI'NIA.  [PARALUS.]
pally Cretans. [ARcvs; CORYTUS; PSIARETRA;    SALA'RIUM, a salary.  The ancients derive
TORAIENTUAc.]                          [J. Y.]    the word from sal, i. e. salt (Plin. Ii. N. xxxi. 41);
SA/GMINA  were the same as the Verbetne, the most necessary thing to support human life
namely, herbs torn up by their roots from within  being thus mentioned as a representative for all
the inclosure of the Capitol, which were always  others.  Salarium therefore comprised all the procarried by the Fetiales or ambassadors, when they  visions with which the Roman officers were supwent to a foreign people to demand restitution for plied, as well as their pay in money.  In the time
wrongs committed against the Romans, or to make  of the republic the name salarium does not appear,a treaty. [FETIALES.]  They served to mark the  to have been used; it was Augustus who in order
sacred character of the ambassadors, and answered  to place the governors of provinces and other milithe same purpose as the Greek trlprKEra.  (Plin. tary officers in a greater state of dependence, gave
If. Ar. xxii. 2. s. 3; Liv. i. 24, xxx. 43; Dig. 1. salaries to them or certain sums of money, to which
tit. 8. s. 8.)  Pliny (1. c.) also says that sagsisaa afterwards various supplies in kind were added.
were used in renzediis publicis, by which we must  (Suet. Aug. 36; Tacit. Agric. 42; Treb. Poll.
understand expiations and lustrations.  The word  Clazud. 14 and 15; Flay. Vopisc. Prob. 4.)  Before
Verbena seems to have been applied to any kind of the time of Augustus, the provincial magistrates
herb, or to the boughs and leaves of ally kind of had been provided in their provinces with everytree, gathered from a pure or sacred place. (Serv. thing they wanted, through the medium of redempcadl  irg. Aen. xii. 120.)                        tores (7rdpoXoi), who undertook, for a certain sum
According to Festus (s. v.), the verbenae were  paid by the state, to provide the governors with all
called sagmnina, that is, pure herbs, because they  that was necessary to them.  During the empire
were taken by the consul or the praetor from  a  we find instances of the salarinm  being paid to a
sacred (sancto) place, to give to legati when setting  person who had obtained a province, bult was neout to make a treaty or declare war.  He connects  vertheless not allowed to govern it.  In this case
it with the words sanctus and saoncire, and it is not the salarium was a compensation for the honour
at all impossible that it may contain the same root, and advantages which he might have derived from
which appears in a simpler form in sac-er (sag-mnen. the actual government of a province, whence we
sa(n)c-tus): Marciann (Dig. 1. e.) however makes a  can scarcely infer that the smn of 10,000 sesterces,
ridiculous mistake, when he derives sanctus from   which was offered on such an occasion (Dion Cass.
Eagmina.                                           1xxviii. 22), was the regular salarium for a proMSller (ad Fesilutm, p. 320) thinks, that saren- consul.
tunz is the same word as sagmolen, although used re-    Salaria were also given under the empire to
specting another thing by the Anagnienses.  (M. other officers, as to military tribunes (Plin. H. AN
Aurelius, in Fpist. ad Frontson. iv. 4.)           xxxiv. 6; Juv. iii. 132), to assessores [AssEssoR],
SAGUM  was the cloak worn by the Roman sol- to senators (Suet. Nero, 1 0), to the comites of the
diers and inferior officers, in contradistinction to the  princeps on his expeditions (Suet. Tib. 46), and
Paludamentum of the general and superior officers. others.  Antoninus Pius fixed the salaries of all
[PALUDAMENTUM.] It is used in opposition to the  the rhetoricians and philosophers throughout the
toga or garb of peace, and we accordingly find that empire (Capitol, Ant. Pius, 11), and when persons
when there was a war in Italy, all citizens put on  did not fulfil their duties, he punished them  by
the sagum even in the city, with the exception of deducting from their salaries.  (Capitol, ibid. 7.)
those of consular rank (saga sum7ere, ad saq(a ire, Alexander Severus instituted fixed salaries for
in sagyis esse, Cic, Phil. viii. 1l, v. 12, xiv. 1): rhetoricians, grammarians, physicians, haruspices,
hence in the Social or Marsic war the satum was  mathematicians, mechanicians and architects (Lamworn for two years.  (Liv. Elpit. 72, 73; Vell. prid. Ale?. Sev. 44); but to how much these salaPat. ii. 16.)                                     ries amounted we are not informed.  Respecting
The sagum  was open in the front, and usually  the pay which certain classes of priests received,
fastened across the shoulders by a clasp, though  see SACERDOS,                            [L. S.]
not always (Trebell. Poll. Tri'. 7)ronnl. 10): it    SALIENTES.  [FoNs, p. 544, b.]




SATLI.                                         SALTNAE.                    1003
SA'LII were priests of Mars Gradivus,  and are  its excellence.  (Suet. C(laud. 33;  Cic. cid Zitt. v.;
Paid to have been instituted by  Naum.  T'hes!3; Ilor. Carin7. i. 37.)  The nimembers of the colwere twelve in number, chosen from the patriciars  leoiun  were elected by co-optation.  We read of
even in the latest times, and formed an ecclesias-  the dignities of praesul, vates, and magister in the
tical corporation.  (Liv. i. 20; Dionys. ii. 70; Cic. collegimn.  (Capitol. Ibid. 4.)
Rep. ii. 14; lecta juventuls patnricia, Lucal, ix.    The shape of the ancile is exhibited in the an4718.)  They had the care of the twelve Ancilia,  nexed cut, taken from an ancient gem in the Florenwhich were kept in the temple of Mars on the  tine cabinet, which illustrates the accounlts of the
Palatine hill, whence those priests were sometimes  ancient writers that its form was oval, but with
called Salii Palatini to distinguish them from the  the two sides receding inwards with an even curvother Salii mentioned below.  The distinguishing  ature, and so as to make it broader at the ends
dress of the Salii was an embroidered tunic bound  thanl in the middle.  The persons engaged in car.
with a brazen belt, the trabea, and the Ape., also  rying these ancilia on their shoulders, suspended
worn by the Flamines.  [Arax.]  Each had a  fromn a pole, are probably servants of the Salii 
sword by his side, and in his right hand a spear  and the representation agrees exactly with the
or staff.  (Dionys. 1. c.)                          statement of Dionysius (ii. 70) lreA'ras v7rnpEraL
The festival of Mars was celebrated  by the  *rlqtseva  furl,arvt,&w, tKo/ol[C'ocr.  At the top of
Salii on the 1st of March and for several successive  the cut is represented one of the rods with which
days; on which occasion they were accustomed to  the Salii were accustomed to beat the shield in
go through the city in their official dress carrying  their darce, as already described.  (Gruter, Iiscr.
the ancilia in their left hands or suspended from   p. cccclxiv. note 3.)
their shoulders, and at the same time singing and
dancing.  In the dance they struck the shields
with rods so as to keep time with their voices and
with the movements of the dance.  (Liv. 1. c.;
Dionys. 1. c.; Hor.  ae7rm. i. 36. 1, iv. 1. 28).            /                 j 7
From  their dancing  Ovid, apparently with cor-            /
rectness, derives their nanle (Fast. iii. 387).  The
songs or hymns, which they sang on this occasion
(Saicricc czarmina, Hoe. Ep. ii. 1. 86; Tac. Ann.
ii. 83), were  called Asamenlta, Assamenta, or
Arxamen ta, of which the etymologo  is uncertain. 
Giittling (Clescl. der RTmns. S'taetsr. p. 192;) thinks
they were so called because they were sung with.- 
out any musical accompaniment, actsa  oce; but'/    -
tlhis etymology is opposed to the express statement
of Dionysius (iii. 32).  Some idea of the subject
of these songs may be obtained from a passage in
Virgil (Aen. viii. 286), and a small fragment of
them  is preserved by Varro (L. L. vii. 26, ed.    Tullus  Hostilius established another collegitlnl
Muiller).  In later times they were scarcely un- of Salii in fillfilment of a vow which he made in a
derstood even by the priests themselves.  (Varro, war with the Sabines.   These Salii were also
L. L. vii. 2; Hor. Ep. ii. 1. 86; Quintil. i. 6. twelve in number, chosen from the patricians, and
p. 54, Bipont.)  The praises of Manmurius Veturius  appeared to have beeus dedicated to the service of
formed the principal subject of these songs, though  Qairitus.  They were called  the Salii Collini,
who Manriurius Veturius was, the ancients them-  Agonales or Agonenses.  (Liv. i. 27; Dionys. ii.
selves were not agreed upon. (Varro, L. L. vi. 45.)  70 iii. 32; Varro, L. L. vi. 14.)  Niebuhr (Hlu'it.:He is generally said to be the armourter, who made  of'Rome, vol. iii. p. 3;51) supposes, that the oldest
eleven ancilia like the one that was sent fiom  and most illustrious college, the Palatine  Salii,
heaven in the reign of Numa. (Festus, s. v. 3lai. were chosen originally from  the oldest tribe, the
Vet.; Diony-s. ii. 71; Ovid.'cast. iii. 384), but Ramnes, and the one instituted by Tullus Hostilius
some modern  vriters suppose it to  be merely  or the Quirinalian from  the Tities alone: a third
another name of Mars.  Besides, however, the  college for the Luceres was, never established.
praises of:Mamurius, the verses, which the Salii (Compare Ilatrtung, Die Rcligio7n der Rtner, vol. ii.
sang, appear to have contained a kind of theogony, p. 163.)
in which the praises of all the celestial deities    SALI'NAE  (&xal, &Xomrvy-Iov), a  salt-work.
were celebrated, with the exception  of AVenus. (Varro, de L. Lat. viii. 25, ed. Spengel.)  Al(Macrob. Sat. i. 1.2.)  The verses in honour of though the ancients were well acquainted with
each god were called by the respective names of rock-salt (Herod. iv. 181-185; axes opvKroi,
each, as Januli, Junonii, Minervii.  (Festus, s. v. i. e. e" fossil salt," Arrian, LKxped. Alex. iii. 4. pp.
Axanenita.)  Divine honour was paid to some of 161, 162, ed. Blan.), and although they obtained
the emperors by inserting their names in the songs  salt likewise from certain inland lakes (Herod. vii.
of the Salii.  This honour was first bestowed  30) and from natural springs or brine-pits (Cie
upon Augustus (Monum. Ancyr.), and afterwards  Nat. Deor. ii. 53; Plin. I. N. xxxi. 7. s. 39upon Germanicus (Tac. Ann. ii. 83); and when  42), and fomnd no small quantity on certain shores
Verus died, his name was inserted in the song of where it was congealed by the heat of the sun
the Salii by command of M. Antoninus. (Capitol.  without human labour (cAss aiuT6OlxaTom, Herod. iv..L Aznt. Phil. 21.)                                 53; Plin. 1. c.), yet they obtained by fiar the
At the conclusion of the festival the Salii were  greatest quantity  by the management of works
accustomed to partake of a splendid entertainment constructed on the sea-shore, where it was natuin the temple of Mars, which was proverbial for rally adapted for the purpose by being so low and




o004            SALINUM.                                            SALTATTO.
fiat as to be easily overflowed by the sea (mnaii- vacity, explain the metaphor by which the soul of
timsne areae salinarllm, Col. de Re Rust. ii. 2), or a man is called his salillum.  (Plaut. Tr'in. ii. 4.even to be a brackish marsh (aXvcls) or a marine  90, 91.)                                 [J. Y.]
pool (XIcvoOdXarTea, Strabo, iv. 1. ~ 6, vii. 4. ~ 7;    SALTA'TTO-  (opxr/crts, o3pxrsrbs), dancing
Caesar, Bell. Civ. ii. 37).  In order to aid the  The dancing of the Greeks as well as of the Ro-.
natural evaporation, shallow  rectangular ponds  mans had very little in common with the exercise
(multifidi lacus) were dug, divided from  one an-  which goes by that name in modern times. It may.
other by earthen walls.  The sea-water was ad-  be dividedinto two kinds, gymnastic and mimetic;
mitted through canals, -whichl were opened for the  that is, it was intended either to represent bodily
purpose, and closed again by sluices. [CATARACTA.]  activity, or to express by gestures, movements and
The water was moreand more strongly impregnated  attitudes certain ideas or feelings, and also single
with salt as it flowed from one pond to another. events or a series of events, as in the modern ballet.
(R3utilii, Itin. i. 475-490.)  When reduced to  All these movements, however, were accompanied
brine (coacto hu7zore), it was called by the Greeks  by music; but the terms bpX-7las and saltstio
axf-7q, by the Latins salsulo or salsil~qo, and by  were used in so much wider a sense than ourt'
the Spaniards zurits. (Plin. 1. c.)  In this state it word dancing, that they were applied to designate
was used by the Egyptians to pickle fish (Herod. gestures, even when the body did not move at all.
ii. 77), and by the Romans to preserve olives,  (Ovid. At.t; Am. i. 595, ii. 305; saltare solis oculis,
cheese, and flesh likewise.  (Cato, de Re Rust.  Apul.:C let. x.-;p. 251, ed. Bip.; comp. Grote,
7, 83, 105; HIor. Sat. ii. 8. 53.)  From  vmria,, of G reece, vol. iv. p. 114.)
which seems to  be a corruption  of &AXJvpbs,    AVe find dancing prevalent among the Greeks
"' briny," the victuals cured in it were called salsa  from the earliest times. It is frequently mentioned
2Zaurialica. (Plaut. Poen. i. 2. 32, 39.)  As the  in the H-tomeric poems: the suitorsof Penelope debrine which was left in the ponds crystallized, a  light themselves with music and dancing (Od. i.
man entrusted with the care of them, and there-  152, 421, xviii. 304): and Ulysses is entertained
fore called salinzato (a&Xorr)ybs), raked out the salt at the court of Alcinous with the exhibitions of very
so that it lay in heaps (tznumuli) upon the ground to  skilful dancers, the rapid movements of whose feet
drain. (Manilius, v. prope  filn.; Nicander, Ale. excite his admiration.  (Od. viii. 265.)  Skilfull
5118, 519.)  In Attica (Steph. Byz.), in Britain  dancers were at all times highly prized by the.
(Ptol.), and elsewhere, several places, in conse-  Greeks: we read of some who were presented with
quence of the works established in them, obtained  golden crowns, and had statues erected to their
the name of'AAal or Saliace.                      honour, and their memory celebrated by inscripThroughout the Roman empire the salt-works  tions.  (Plut. de lyt/h. Orac. 8; Anthol. Plan. iv.:
were commonly public prop2rty, and were let by  n. 283, &c.)
the government to the highest bidder.  The first    The lively imagination and mimetic powers of
salt-works are said to have been established by  the Greeks found abundant subjects for various
Ancus Marcius at Ostia. (Liv. i. 33; Plin. II. h. kinds of dances, and accordingly the names of no
xxxi. 41.) The publicani who farmed these works  less than 200 different dances have come down to.
appear to have sold the salt, one of the most neces- us. (Meursius, Orceestr.; Athen. xiv. pp. 627 —630;
sary of all commodities, at a very high price, Pollux, iv. 95-111; Liban. &7rrep rTv  opX.).Itwhence the censors M. Livius and C. Claudius  would be inconsistent with the nature of this work
(a. c. 204) fixed the price at which those who took  to give a description of all that are known: only
the lease of them were obliged to sell the salt to  the most important can be mentioned, and such as
the people.  At Rome the modius was according to  will give some idea of the dancing of the ancients. -
this regulation sold for a sextans, while in other    Dancing was originally closely connected with
parts of Italy the price was higher and varied. religion: Plato (Leg. vii. pp. 798, 799) ihought(Liv. xxix. 37.)'lhe salt-works in Italy and in  that all dancing should be based on religion, as it
the provinces were very numerous; in conquered  was, he says, among the Egyptians. The dances of
countries however they were sometimes left in the  the Chorus at Sparta and in other Doric states:
possession of their former owners (persons or towns)  were intimately connected with the worship of
who had to pay to Rome only a fixed rent, liut Apollo, as has been shown at length elsewhere
most of them were farmed by the publicani. (Bur- [CHORUS; HlrPORttCea7A]; and in all the publicmann, lVectigal. Pop. Ronl. p. 90, &c.)   [J. Y.]  festivals, which  were so numerous among  the
SALI'NUM, dim. SALILLUM, a salt-cellar. Greeks, dancing formed a very prominent part.,
Among the poor a shell served for a salt-cellar All the religions dances, with the exception of the
(Hor. Sat. i. 3. 14; Schol. adloe.): but all whlo were  Bacchic and the Corybantian, were very simple,
raised above poverty had one of silver, whiclh de. and consisted of gentle movements of the body
scended from father to son (Hor. Caere2. ii. 16. 13, with various turnings and  windings around the
14), and was accompanied by a silver plate, which  altar: such a dance was the'yipavos, which Thewas used together with the salt-cellar ill the do- seus is said to have performed at Delos on his
rnestic sacrifices.  (Pers. iii. 24, 25.) [PATERA.] return firom Crete.  (Plut. Tles. 21.) The DionyThese two articles of silver were alone compatible  siac or Bacchic and the Corybantian were of a
with the simplicity of Roman manners in the early  very different nateure.  In the former the life and
times of the republic.  (Plin. II. N. xxxiii. 12. s. adventures of the god were represented by mimetic.54; Val. Max. iv. 4. ~ 3; Catull. xxiii. 1.9.) The  dancing [DsIONSIA]: the dance called BairXaKm
salt-cellar was no doubt placed in the middle of the  by Lucian (de Salt. 79), was a Satyric dance and
table, to which it communicated a sacred character, chiefly prevailed in lonis and Pontus; the most
the meal partaking of the nature of a sacrifice. illustrious men in the state danced in it, repreLFocus; iMENSA.]   These  circumstaneces, to- senting Titans, Corybantians, Satyrs, and hubsbandgether with the religious- reverence paid to salt men; and the spectators were so delighted with
and the habitual comparison of it to wit and vi- the exhibition, that they remained sitting the




SALTATIO.                                          SALTATIO.                 1 03'
vwhole day to witness it, forgetful of everything  &Wpoaic. p. 698, Reiske.)  In the mountainous
else.   The Corybantian was of a very wild cha- parts of Thessaly and Macedon dances are perracter: it was chiefly danced in Phrygia anid in  formed at the present day by men armed with
Crete; the dancers were  armed, struck  tlheir muskets and swords.  (Dodwell, Tour tilroegh
swords against their shields, and displayed the  Greece, vol. ii. pp. 21, 22.)
most extravagant fury; it was accompanied chiefly    The following woodcut, taken from  Sir WV.
by the flute.  (Lucian, lb. 83; Strab. x. p. 473;  Hamilton's vases (ed. Tischbein, vol. i. pl. 60),
represents three Pyrrhicists, two of whom  with
shield and sword are engaged in the dance, while
C  the third is standing with a sword.  Above thein
is a female balancing herself on the head of one,
~;'-1,U /t3.,    I({s~tce.      lland apparently in the act of performing a solnerset
Aa~~~~  t~     \4 \ \J she no doubt is taking part in the dance, and performilng a very artistic kind of 1cvi-r7lJTs  or. ______        9     \  tumbling, for the Greek performances of this kind.    surpass any thing we can imagine in modern times.
HIer danger is increased by the person below, who
holds a sword pointing towards her. A female specPlat. Crit. p. 54.)  The preceding woodcut from  tator sitting looks on astonished at the exhibition.
the Museo Pio Clementino (vol. iv. p1. 2) is supposed to represent a Corybantian dance. Respect-          s         o
ing the dances in the theatre, see CuHORUs. 
Dancing was applied to gymnastic purposes and
to training for war, especially in the Doric states,                               1 
and was believed to have contributed very much                  Q                     
to the success of the Dorians in war, as it enabled  
them  to perform  their evolutions simultaneously:                          [jj
xiv, p. 629. f.) says,
OL &E XopOeS ICX'l)eTa'EOVeS TuUceOW, poTOY 7; g0
There were various dances in early times, which
served as a preparation for waar: hence Homer
(I1. xi. 49, xii. 77) calls the Hoplites 7rpuXdes,   a                                          v
war-dance having been called irpS ti by the Cretans. (Miiller, Dor. iii. 12. ~ 10.) Of-such dances
the most celebrated was the Pyrrhic (~ If"l/Xo_),
of which the wrpdAts was probably only another    The Pyrrhic dance was introduced in the public
name: this Plato (Leg. vii. p. 815) takes as the  games at IRome l:y  Julius Caesar, when it was
representative of all war dances.  The invention of danced by the children of the leading men in Asia
this dance is placed in the mythical age, and is and Bithynia.  (Suet. Jul. Caes. 39.)  It seems
usunally assigned to one Pyrrhicos, but most of the  to have been mlch liked by the Romans;  it was
accounts agree in assigning it a Cretan or Spartan  exhibited both by Caligula and Nero (Dion Cass.
origin; though others refer it to Pyrrhus or Neo-  lx. 7; Suet. Ner. 12), and also frequently by
ptolemus, the son of Achilles, apparently misled by  Hadrian. (Spartian. loadr. 19.)  Athenaeus (xiv.
the name, for it was undoubtedly of Doric origin. p. 631, a) says that the Pyrrhic dance was still
(Athen. xiv. p. 630, e; Strab. x. p. 466; Plat. practised in his time (the third century A. D.) at
Leg. p. 796; Lucian, b1. 9.)  It -was danced to  Sparta, where it was danced by boys from the.age
the sound of the flute, and its time was very quick  of fifteen, but that in other places it had become a
and light, as is shown by the name of the Pyrrhic  species of Dionysiac dance, in which the history of
ibot (~'), which must be connected with this  Dionysus was represented, and where the dancers
dance: and from the same source came also the  instead of arms carried the thyrsus and torches.
Proceleusmatic (,W.) or challenging foot. (Miil-    Another important gymnastic dance was perler, Hist. of the Literat. of' Greece, p. 161.)  The  formed at the festival of?yvuvosrratia at Sparta in
Pyrrhic dance was performed in different ways at commemoration of the battle at Thyrea, where the
various times and in various countries, for it -was chief object according to Miiller (Doi,. iv. 6. ~ 8)
lvy 1no means confined to the Doric states.  Plato  was to represent gymnastic exercises and dancingr
(Loe. vii. p. 815) describes it as representing by  in intimate union: respecting the dance at this
Iapid movements of the body the way in which  festival, see GYAlNOPAEDIA.
hissiles and blows from  weapons were avoided,    There were other dances, besides the Pyrrhic, in
and also the nmode in which the enemy were  which the performers had arms, but these seem to
attacked.  In the non-Doric states it was pro- have been entirely mimetic, and not practised with
bably not practised as a training for war, but any view  to training for war.  Such was the
only as a mimetic dance: thus we read of its being  Kap'rala peculiar to the Aenianians and Magnetes,
-danced by Women to entertain a company. (Xen. which was performed by two armed men in the
Anab. vi. 1. ~ 12.)  It was also performed at following manner: one lays down his arms, sows
Athens at the greater and-lesser Fanathenaea by  the grouud, and ploughs with a yoke of oxen, freEphebi; who were called Pyrrhichists (IvtlLXrrorai)  quently looking around as if afraid; then conmes a
and ~were trained at the expense of the Choragus. robber, whom as soon as the other sees, he snatches
(Schol. Ead Aristopl., Nb,. 98d8; Lysia,  ir.   alA. up his arms and fights with hinm for the oxen. All




1006             SALTATIO.                                        SALUTATORES.
these movements are rhythmical, accompanied by  ground, and striking the feet behind; a feat of
the flute.  At last the robber binds the maln and  which a Spartan woman in Aristophanes (Lysistr.
drives away the oxen, but sometimes the husband-  28) prides herself (-yvpvad8opal?ya cKai 7roTl 7rvy&v
man conquers. (Xen. Aeab. vi. 1. ~~ 7, 8; Athen. i. aAhoyaa).  The number of successlll strokes was
pp. 15, f, 1 6, a; Maxim. Tyr. Diss. xxviii. 4.) Similar counted, and the most skilful received prizes.  We
dances by persons with arms are mentioned by  are told by a verse which has been preserved by
Xenophon on the same occasion.  These dances  P'ollax (iv. 1l02), that a Laconian girl had danced
were frequently performed at banquets for the en-  the bibasis a thousand times, which was more than
tertainment of the guests (Athen. iv. p. 1 55, b.). had ever been done before.  (Miiller, Dorians, iv.
At banquets likewise the Kvo'rT1T77rTpes or tum.n 6. ~ 8.)
blers were frequently introduced. These tumblers,    In mnanoy of the Greek states the art of dancing
in the course of their dance, flungr themselves on  was carried to great perfection by females, who
their heads and alighted  again  on their feet were frequently engaged to add to the pleasures
(O5T-Ep Oci KUGOiOTWVTES KaCl ELe opOpo'By'& i-t chA7q and enjoyment of men at their symposia.  These
resptpepodJLemom  eCVgtoTWLo KIcKANS, Plato, ciqymp. c. dancers always belonged to the hetaerae.  Xeno16, p. 190).  We read of tcvfUo17aI-rIpes as early  phon (Sy:smp. ix. 2-7) describes a imimetic dance
as the time of Homer.  (11. xviii. 605, Od. iv. 18.)  which was represented at a symposium, where
They were also accustomed to make their somerset Socrates was present.  It was performed by a
over knives or swords, which was called Kve1-'rTv  maiden and a youth, belonging to a Syracusian,
fis t&aXapas. (Plato, Eutlhyd. c. 55. p. 294; Xenm. who is called the dpX lTod0aUctioaXos, and repre.
A'fem. i. 3. ~ 9, Syomp. ii. 14; Athen. iv. p. 129, d; sented the loves of Dionysus and Ariadne.
Pollux, iii. 134.) The rvay in which this feat was    Respecting the dancers on the tight-rope see
performed is described by Xenophon, who says  FuxNAamBULUS.
(Symp. ii. 11) that a circle was made quite full of    Dancing  waas common amlong the Romans in an-.
upright swords, and that the dancer ElS TaeVa  cient times in connection with religious festivals
EKttaL  re'Ta  Kal iEKvgio'-Ta v7rep av'rv,; and it is and rites, and was practised according to Servius
well illustrated by the following cut taken from   (ad J7isrq. Eel. a. 73), because the ancients thought
the 11Iuseo Borbonico, vol. vii. tav. 58.  (Becker, tha-t no part of tile body should be free from the
C/larikles, vol. i. p. 499, vol. ii. p. 287.)  We learn  influence of religion.  The dances of the Salii,
from Tacitus (Germ. 24) that the German youths  which were performed by men of patrician families,
also used to dance among swords and spears pointed  are spoken of elsewhere.  [SALLu.]  Dionysilus
at them.                                           (vii. 72) nmentions a dance with aIrms at the Ludt
Magni, which, according  to his usual plan of re-,     ferring all old Ioomall usages to a Greelk origin, hle
calls the Pyrrhic.  There was another old Roman
dance of a military nature, called Bellicrepa   Sal/t  -
tiof which is said to have been instituted by Ito3-;<                            mulus, after he had carried off the Sabine virgins,
in order that a like misfortune might not befall his
state. (Festus, s. v.)  Dancing, however, was not
performed by any Roman citizen except in connection with religion; and it is only in reference
A ~                   to such dancing that we are to understand the
r     statements, that the ancient Romans did not consider dancing disgraceful, and that not only freemen, but the sons of senators and noble matrons
4..  practised it.  (Quintil. Inst. OsCat. i. 11. ~ 18;
M Nacrob. Sat. ii. 10.)  In the later times of the
republic we know that it was considered highly
Other kinds of dances were frequently perfolred  disgraceful for a freeman to dance: Cicero reat entertainments, in Rome as well as in Greece, proaches Cato for calling Murena a dancer (sealltby courtezans, many of which were of a verya iide- tor), and adds " nemo fere saltat sobrius, nisi forte
cent and lascivious nature.  (Macrob. Sat, ii. 10; insanit."  (Poeo Ileen. 6; compare in Pison. 10.)
Plaut. Stich. v. 2. 11.)  The dancers seem to have    The mimetic dances of the Romans, which were
frequently represented Bacchanals: many such  carried to such perfection under the empire, are
dancers occur in the paintings found at Hercula-  described under PANTOMIMhaUS.  (Meursius, Or.
neum and Pompeii in a variety of graceful atti-  chestrae; Biirette, dle la Danse des Aciens; Krause,
tudes.  (See 1Mfuseo Borbolico, vol. vii. tav. 34-  Gymnaesstik und Agon. d. Hell. p. 807, &c.)
40, vol. ix. tav. 17, vol. x. tav. 5, 6,.54.)        SALVIA'NUVM  INTERDICTUM. [INTEmrAmong the dances performed without arms one  DICTUMr l.]
of the most important was the hpluoy, which was    SALUTATO'RES, the name given in the later
danced at Sparta by youths and maidens together; times of the republic and under the empire to a
the youth danced first some movements suited to  class of men who obtained their living by visitimng
his age, and of a military nature; the maiden fol- the houses of the wealthy early in the morning to
lowed in measured steps and with feminine ges-  pay their respects to them (salultae), and to accomtures.  Lucian (de Salt. 12) says that it was  pany them  when they went abroad.  This arose
similar to the dance performed at the Gymnopaedia. from the visits which the clients were aiccustomed
(Compare MUiiller, Doi. iv. 6. ~ 5.)  Another comn- to pay to their patrons, and degenerated in latet
mon dance at Sparta was the Bibasis (131'aoLs),  times into the above-mentioned -practice.  Such
which was much practised both by men Land womeln. persons seem to have obtained a good living  among
The dance consisted in sprimmnrlig rapidly froml the  the great iamllber of wealthy  and valin persons at




SAMIBUCA.                                       SARCOPHAGUS.                 1007
Rome, who were gratified by this attention. (31er-; come into more general use (Pers. v. 95; Spartian.
cenarius Sahletator, Colum. Praef: i.; Martial, x. Hadlr. 26), and was pl-ayed by men (o-atuCvicicral)
74; Becker, Galls, vol. i. p. 146.) [SPORTULA.]  as well as women.  (Athen. iv. p. 182, e.)
SAMBUCA (ealerhc8, or oeagvKtcc, Arcadius de    Sassmbuca was also the namle of a military engine,
Accent. p. 107), a harp.  The preceding Latin and  used to scale the walls and towers of besieged
Greek names are with good reason represented by  cities, It was called by this name on account of
Bochart, Vossius, and other critics, to be the same  its general resemblance to the iormn of the harp.
with the HIebrew W520 (sabeca), which occurs in  Accordingly, we may conceive an idea of its conDaniel (iii. 5, 7, 10).  The performa-nces of sanz- struction by turning to the woodcut and supposing
bucist riae (caYgveciVpTae) -were only rknown to the  a mast or upright pole to be elevated in the place
early Romans as luxuries broughht over fro e Asia. of the longest strings, and to have at its summit an
(Plaut. Stick. ii. 3. 57; Liv. xxxix. 6.) The Athe- apparatus of pulleys, from which ropes proceed in
nians considered them  as an exotic refinement the direction of the top of the harp.  WTe must
(Philemon, p. 370, ed. Meineke); and the Rhodian  suppose a strong ladder, 4 feet wide, and guarded
women who played on the harp at the marriage- at the sides with palisades, to occupy the place of
feast of Caranus in Macedonia, clothed iln very thin  the sounding-board, and to be capable of bein
tunics, were introduced wvith a view to give to the  lowered or raised at pleasure by means of the ropes
entertainment the highest degree of splendour. and pulleys.  At the siege of Syracuse Marcellus
Somle Greek authors expressly attributed the in- had engines of this description fixed upon vessels,
vention of this instrument to the Syrians or Phoe- which the rowers moved lp to the walls so that
nicians. (Athen. iv.p.175,d.) Theopinionofthose  the soldiers  light enter the city by ascending the
who ascribed it to the Lyric poet, Ibycus, can only ladders.  (Polyb. viii. a; Plut. M11arc. p. 558, ed.
authorize the conclusion, that he had the merit of Steple.;Athen. xiv. p. 634, b; Onosandr.Strat. 42
inventing some modification of it, the instrument Vitruv. x. 16. ~ 9; Festus, s. v. SaCsibeca; Athen.
as improved by him being called'IuKlvov. (Athen.    lec/L. op.  Mat/l. I't. p.7.)  When an illand
l. c.; Suidass. Vc.'IGKIcvOv:'Igufcs:  aGuCKal.) city was beleaguered, the Sambuca was mounted
Strabo, moreover, represents oa/ugcori as a " bar- upon wheels.  (Bito, ap. AliT-t. Vet. pp. 110, 111
barous" name (x. 3. ~ 17).                        Veget. iv. 21.)                         [J. Y.]
The sambutca is several times mentioned in con-    SAMNI'TES.  [GLAnIATOtEs, p. 576, a.]
junction with the small triangular harp (TpiycoivoV),    SANDA'LIUM  (oasv'oA     or odvsaxov),  a
which it resembled in the principles of its coi1- kind of shoe worn only by women. In the Homeric
struction, though it was mluch lasr-ger and more  age however it was not confined to either sex, and
complicated.  The trigolziln, a representation of consisted of a wooden sole fastened to the foot
which from the Musessm at Naples is given in the  with thongs. (IIom. IJ)z,. is Her. 79, 83, 139.)
anmexed woodcut, was held like the lyre in the  li later times the sandaliam must be cistinguished
hands of the performer (Spon-,  1isrc. Dit-d. Ant. from the  rode7neta, which was a simple sole boundl
p. 21), whereas the harp was sometimes consider-  ssider the foot (Pollus, viii. 84, with KUhn's
iably higher than the stature of the performer, and  emendation), whereas the sandalium, also called
was placed upon the ground.  The larp of the,XAaura or $aerej, was a sole with a piece of
Parthians and Troglodytae had only four strings. leather covering the toes, so that it formed the
(Athen. xiv. p. 633, f.) Those which are paintedoa  trnsition fiol the n  orsiv   to real shoes.  The
the walls of Egyptian tomlns (see Denonl, Wilkin- piece of leather under the toes was called  uvybs or
son, &c.) have from 4 to 38.  One of them, tlken  Srydv. (Aristoph. Lysistr. 390, with the Schol.from  Bruce's travels, is here introduced.  From   Hesych. s. v. Zvyos; Pollux, vii. 81; Phot. Lee.
the allusions to this instranment in Vitruvius (vi. p. 54, ed. Dobr.)  The aev dAla &- cya in. Strbo
1) we find that the longest string was called the (vi. p. 259) are however not sandalia without the' pro slambanomenon,'  the nlext " hy-pute,'  tIe  cuyo', but, as Becker (Clhaarikles, ii. p. 367, &c,)
shortest but one " paranete," anld the shortest, justly reliarks, sandalia which did not belong to
wvhich had consequently the highest tone, w-as one another, or did not form  a pair, and one of
called " nlete."  [See MNusms, p. 775.l]  Under "which was larger or higher than the other.  The
the Roman Emperors the halrp appesars to leave C7yoc' was frequently adorned with costly em-,
broidery and gold (Cephisodor. ap. Poll. vii. 87;
Clem. Alex. P' eday. ii. 11), and appears to have'+;W"'                           been one of the most luxurious articles of female
1/ 81 "                 1, dress. (Aelian, V. If. i. 18.)  The small cover of
t: ii. l''-~ III I                     the toes however was not sufficient to fasten the..I...! l~l/   1 l 1 l i| j   1 1 l 1 l l  sandalium to the foot, wherefore thongs likewise
beautifully adorned were attached to it. (Pollux,',  ( I      < i/Jvii. 92.)  Althouglh sandalia, as we have stated,
_!Z!,  / }[ )r!..'::  were in Greece and subsequently at Rome also
/ Iworn by women only, yet there are traces that at!!i )>/  j I  l | 11least ill the East they were also worn by men.
ilii!/                       (Herod. ii. 91; St. Mark, vi. 9.)
~  |1|1  \ \The Roman ladies, to whom  this ornament of
1.~ |l/| I//|/11/,/\,N? 0  \\       the foot was introduced from Greece, wore sandali01
_ J,x;)llllll/t1/^/z\2Jy,\t    \ 7i"''-    whiclh appear to have been sio less beautiful and
costly than those worn by the Greeks and the
\    Oriental nations. (Tarpilius, ap. Non. v. 24; Terent.
EeaiscuC. v. 7. 4.)                     L. S.]. SANDA)4PILJA.  [FUNvvs, p. 59, a.]
5-AIACO'PIlHAGUS.  FFuNvus, I). 559~b.]




1008                SATURA.                                                SATURA.
SA'RCULUM  (a sarrieludo, Varro, (le L. Lat.  things consisting of various parts or ingredientS,
v. 31, arKXtMi, oKacaXlrT'7plov ), a hoe, chiefly used in  e.. latx SLatura, an offering c-nsisting of various
weeding gardens, cornfields, and vineyards. (Hor.  fruits, such as were offered at harvest festivals and
Carnr. i. 1. 11; Ovid. ]Met. xi. 36, Fast. i. 699,  to Ceres (Acron, ad florat. Sat. i. 1; Diomed. iii,
iv. 930; Plaut. True. ii. 2. 21; Cato, de Re Rust.  p. 483, ed. Putsch.); lex per satine'7  lata, a lawl
10; Columella, x. 21; Pallad. i. 43.)  It was also  which  contained  several distinct regsulations at
sometimes used to cover the seed when sown (Co-  once. (Fest. s. v. Satrla.)  It would appear from
lunmella, ii. 11), and in mountainous countries it  the etymlology of the word, that the earliest Roserved instead of a plough. (Plin. IT. N. xviii. 19.  man satura, of which we otherwise scarcely know
s. 49.)  Directions for using it to clear the surface  anything, must have treated in one work on a
of the ground (KadA.Xeu,, Herod. ii. 1 4; orcKaXESVEl,  variety of subjects just as they occurred to tilhe
Schol. in Tieocrit. x. 14) are given by Palladius  writer, and perhaps, as was the case with the
(de Re Ru.st. ii. 9).                    [J. Y.]    satires of Varro, half in prose and half in verse, or
SARISSA.  [ExERcrTus, p. 488, a.]                  in verses of different metre.  Another feature of
SARRA'CUM, a kind of comlnon cart or wag-  the earliest satura, as we learn frolll the celebrated
gon, which  was used by the country-people of  passage ill Livy (vii. 2.), is that it was scenic, that
Italy for conveying the produce of their fields,  is, all improvisatory and irregular kind of dramatic
trees, and the like from one place to another. (Vi-  performance, of the same class as the versus Festruv. x. 1; Juv. iii. 254.)  Its name as well as  cennini.  [FESCENNINA.]  When Livilns Androthe fact that it was used by several barbarous na-  nicus introduced the regular drama at Roume, the
tions, shows that it was introduced from them into  people, on account of their fondness for such exItaly. (Sidon. Epist. iv. 18; Amm. Marc. xxxi.  tempore jokes and railleries, still continued to keep
2.)  That persons also sometimes rode in a sar-  up their former anusements, and it is not improracum, is clear from a passage of Cicero quoted by  bable that the exodia of later times were the old
Quinctilian (viii. 3. ~ 21), who even regards the  saturae merely under another name.  [ExoDIA.]
word sarracum  as low  and vulgar.   Capitolinus         Ennius and Pacuvius are mentioned as the first
(Auntosi. Pkilos. 13) states, that during a plague the  writers of satires, but we are entirely unable to
mortality at Rome was so great, that it was found  judge whether their works were dramatic like the
necessary to carry the dead bodies out of the city  satura of old, or whether they  resembled  the
upon the common sarraca.  Several of the bar-  satires of Lucilius and Horace. At any rate, howbarous nations with which the Romans  came in  ever, neither Ennius nor Paceuvius can have made
contact-used these waggons also in war, and placed  any great improvement in this species of poetry,
them around their camips as a fortification (Sisenna,  as Quinctilians (.. 1. ~ 93) does not mention either
ap. Non. iii. 35), anld the Scythians used them in  of them, and describes C. Lucilius as the first great
their wanderings, and spent alslost their whole  writer of satires.  It is Lucilius who is universally
lives upon them  with their wives and children,  regarded by the ancients as the inventor of the
whence Ammianus  compares such a caravan of  new kind of satira, which resembled ont the whole
sarraca with all that was conveyed upon them to a  that species of poetry which is in modern tinles
wandering city. The Romans appear to have used  designated by the same name, and whiclh was no
the word sarracum as synonlymous with plaustrum,  longer scenic or dramatic.  The character of this
and Juvenal (v. 22) goes even so far as to apply  new  satire was afterwards emrnphatically  called
it to the constellation of stars which was gene-  character Lucilianus.  (Varro, de Re JRsst. iii. 2.)
rally calied plaustrum.  (Scheffer, de Re Vilsicul.  These new  satires wvere written' in hexameters,
ii. 31.)                                  [L. S.]     which metre was subsequently adopted by all the
SARTA'GO (-'s-yasov), was a sort of pan which  other satirists, as Horace, Persius, and Juvenal,
was used in the Roman kitchens for a variety of  who followed the path opened by Lucilius.  Their
purposes, such as roasting, nmelting fat or butter,  character was essentially ethical or practical, and
cooking, &c.  (Plin. tI. AN  xvi. 22; Juv. x. 63.)  as the stage at Rome was not so free as at Athens,
Frequently also dishes consisting of a variety of  the satires of the former had a similar object to
ingredients seem to have been prepared in such a  that of the ancient comedy at the latter place. The
sartago, as Persius (i. 79) speaks of a sartago  poets in their satires attacked not only the follies
loquenodi, that is, of a mixture of proper and iia-  and vices of mankind in general, but also of such
proper expressions.  Some commentators on this  living  and distinguished individuals as had ally
passage, and perhaps with more justice, understand  influence upon their contemporaries. Such a species
the sartago loquendi as a mode of speaking in which  of poetry must necessarily be subject to great
hissing sounds are employed, similar to the noise  modifications, arising partly from  the character of
produced when meat is fried in a pan.   [L. S.]    the time in which the poet lives, and partly from
SATISDA'TIO.  [AcTIO.]                             the personal character and temperamnent of the
SAITURA, or in the softened form SATIRA,  poet himself, and it is from  these circumstances
is the name of a species of poetry, which we call  that we have to explain the differences between
satire.   Inl the history of Ronman- literature we  the satires of Lucilius,  Horace, Persiuts, and
have to distinguish two different kinds of satires,  Juvenal.
viz. the early satura, and the later satira which        After Lucilius had already by his own exasmple
received its perfect development from the poet C.  established the artistic principles of satire, TerenLucilius (148 —103 B. c.). Both species of poetry,  tits Varro in his youth wrote a kind of satires,
however, are altogether peculiar to the Romans.  which were neither like the old satura nor like
Thle literal meaning of satura, the root of which is  the satira of Lucilius. They consisted of a mixture
sat; comes nearest to what the French call peot-  of verse and prose, and  of verses of different
>oureri, or to the Latin fJisrago, a mixture of all  metres, but were not scenic like the old'sattlrae.
sorts of things. The name was accordingly applied  They were altogether of a peculiar character, aInd
by the Romans  inl s    any ways,  but always to  a ere thereforie called satirste Varroiliatslc, or M'e



SATURNALIA.                                             SCALAE.                  1009
nippeae or Cynicae, the latter because he was said. and IHercules, on his return from Spain, was sailt
to have imitated the worcks of the Cynic philoso-  to have reformed the worship, and abolished the
pher Menippus. (Gellius, ii. 18.)                   practice of immolating human victims;  while a
(See Casaubon, de Satyrica Graecorauz  Poesi et third tradition represented certain followers of the
IRomlanorunz   Satisra, libri ii. Halae 1774, with  last named hero, whom  hle had left behind on his
notes by Rambach.)                      [L. S.]   return to Greece, as the authors of the Saturnalia.
SATURNA'LIA, the festival of Saturnus, to  (Macrob. Sat. i. 7.)  Records approaching more
whomn the inhabitants of Latium attributed the in- nearly to history referred the erection of temples
troduction of agriculture and the arts of civilized  and altars, and the first celebration,of the festival,
life.  Falling towards the end of December, at the  to epochs comparatively recent, to the reign of
season when the agricultural labours of the year Tatins (Dionys. ii. 50), of Tullus Hostilius (Diowere fully completed, it was celebrated in ancient nys. iii. 32; Macrob. Sat. i. 8), of Tarquinius
times by the rustic population as a sort of joyous  Superbus (Dionys. vi. 1; Macrob. 1. c.), to the'
harvest-home, and in every age was vie'wed by all consulship of A. Semlpronius and M. Minucius,
classes of the community as a period of absolute  B.. 497, or to that of T. Larcius in the preceding
relaxation and unrestrained merriment.  During  year. (Dionys. vi. 1; Liv. ii. 21.)  These conflictits continuance no public business could be trans-  ing statements may be easily reconciled, by supacted, the law courts were closed, the schools kept posing that the appointed ceremonies were in these
holiday, to commence a war was impious, to punish  rude ages neglected from tine to time, or corrupted,
a malefactor involved pollution.  (Macrob. Sat. i. and again at different periods revived, purified,
10. 16; Martial, i. 86; Suet. Aug. 32; Plin. Ep. extended, and performed with fresh splendour and
viii. 7.)  Special indulgences were granted to the  greater regularity.   (Compare Liv. xxiii. 1. sub
slaves of each domestic establishment  they were fin.)
relieved from all ordinary toils, were permitted to    During the republic, although the whole month
wear the pileus the badge of freedom, were granted  of December was considered as dedicated to Safull freedom of speech, partook of a banquet aittired  turn (Macrob. i. 7), only one day, the xIv. Kal.
in the clothes of their masters, and were waited  Jan. was set apart for the sacred rites of the diviupon by them at table.  (Macrob. Set. i. 7; Dion  nity: when the month was lengthened by the adCass. lx. 19; Hor. Sat. ii. 7. 5; Martial, xi. 6, ditlon of two days upon the adoption of the Julian
xiv. 1; Athen. xiv. 44.)                            Calendar, the Saturnalia fell on the xvI. Kal. Jan.,
All ranks devoted themselves to feasting and  which gave rise to confusion and mistakes amonr
mirth, presents were interchanged among friends, the more ignorant portion of the people.  To obcerei or wax tapers being the common offering of viate this inconvenience, and allay all religious
the more humble to their superiors, and crowds scruples, Augustus enacted that three whole days,
thronged the streets, shouting Io Satu-rnalia  (this  the 17th, 18th, and 19th of December, should in
was termed clamoare Saturnalia), while sacrifices  all time coming be hallowed, thus embracing both
were offered with uncovered head, from a convic- the old and new style. (Macrob. i. 10.)  A fourth
tion that no ill-omened sight would interrupt the  day was added, we know not when or by whom,
rites of such a happy day.  (Catull. 14; Senec. and a fifth, with the title Juvenalis, by Caligula
Ep. 18; Suet. An4~. 75; Martial, v. 18, 19, vii. (Dion Cass. lix. 6; Sueton. Cal. 17), an arrange53, xiv. 1; Plin. Ep. iv. 9; Macrob. Sat. i. 8, 10; ment which, after it had fallen into disuse for some
Serv. ad Visg. Aen. iii. 407.)                     years, was restored and confirmed by Claudius.
Many of the peculhar customs exhibited a re- (Dion Cass. }x. 2.)
mnarkable resemblance to the sports of our own    But although, strictly speaking, one day only,
Christmas and of the Italian Carnival.  Thus on  during the republic, was consecrated to religious
the Saturnalia public gambling was allowed by the  observances, the festivities were spread over a
aediles (Martial, v. 84, xiv. 1, xi. 6), just as in  much longer space.  Thus while Livy speaks of
the days of our ancestors the most rigid were wont the first day of the Saturnali (Satvcurnlibus primis,
to countenance card-playing on Christmas-eve; Liv. xxx. 36), Cicero men tE ns the second and
the whole population threw  off the toga, wore a  third (secutndis Saturnalibus, ad Att. xv. 32; Satlurloose gown, called synthesis, and walked about with  nalbubs tertiis, ad Att. v. 20); and it would seem
the pileus on their heads (Martial, xiv. 141, vi. that the merry-making lasted during seven days,
24, xiv. 1, xi. 6; Senec. Ep. 18), which reminds for Novius, the writer of Atellanae, employed the
us of the dominoes, the peaked caps, and other expression septern Saturnalia, a phrase copied ill
disguises worn by masques and mummers; the  later times by Memmius (Macrob. i. 10), anct
cerei were probably employed as the 9noccoli now  even Martial speaks of Saturnli septeos dies (xiv.
are on the last night of the Carnival; and lastly, 72), although in macny other passages he alludes
one of the amusements in private society was the  to the five days observed in accordance with the
election of a mockr  king (Tacit. Ann. xiii. 15; edicts of Caligula and Claudius (ii. 89, xiv. 79,
Arrian, LDiss. Elpictet. i. 25; Lucian. Satuzrn. 4), 141).  In reality, under the empire, three different
which at once calls to recollection the characteristic  festivals were celebrated during the period of seven
ceremony of T'welfth-night.                         days.  First came the   atzurnalfia proper, comSaturnuls being an ancient national god of La-  smencing on xvi. Kal. Dec., followed by the Opulia,
tiunm, the institution of the Saturnalia is lost in the  anciently coincident with the Saturnalia (Macrob.
most remote antiquity.  In one legend it was as- i. 10), on xIv. Kal. Jan.; these two together
cribed to Janus, who, after the sudden disappear-  lasted for five days, and the sixth and seventh
ance of his guest and benefactor from the abodes  were occupied with the Sigillaria, so called fronm
of men, reatred an altar to him, as a deity, in the  little earthenware figures (sigilla, oscilla) exposed
tortmn, and ordained annual sacrifices; in another, for sale at this season, and given as toys to chilas related by Vearro, it was attributed to the wan- drenle                                 [WV. R.]
dering Pelasgi, upon their first settlemelnt in Italy,    SCALAE  (Ktxitam), a ladder. The general con3 S




1010            SCALPTURA.                                         SCALPTURA.
struction and use of ladders was the same among. figures into the material (intaglio). and scualr
the ancients as in modern times, and therefore re- (-yAvwo) to produce raised figures, as in cameoa
quires no explanation, with the exception of those  But it is very doubtful whether the ancients themused in besieging a fortified place and in making  selves made or observed such a distinction.  From
an assault upon it.  The ladders were erected  the passages in which the words occur, both ill
against the walls (adizovere, ponere, apponere, or Greek and Latin writers, it seems that, in their
erigere scalds), and the besiegers ascended them   widest sense, they were used, almost indifferently,
under showers of darts and stones thrown upon  for what we call sculpture, in its various forms, in
them by the besieged. (Sallust. Jug. 6, 64; Caes. wood, marble, ivory, or other materials, more parde Bell. Civ. i. 28, 63; Tacit. Hist. iv. 29, &c.; ticularly for reliefs, for carving, that is, the exeVeget. de Re Milit. iv. 21; Polyb. ix. 18.)  Some  cution of small works by cutting, and for e7ry-avicg
of these ladders were formed like our common preciozs stones; but, of these senses, the last was
ones; others consisted of several parts (tcleIaKcs  the most specific and usual; the first, in which
7rpKcral or 3aXvrTal) which might be put together  modern writers use the word scllpture, was the
so as to form one large ladder, and were taken to  most unusual.  STrvATUAIA.]  (See the Greek
pieces when they were not used.  Sometimes also  and Latin Lexicons).
they were made of ropes or leather with large iron    It may be expedient, however, in accordance
]looks at the top, by which they were fastened to  with the above distinction to divide the art into two
the walls to be ascended.  The ladders made  departments: 1. the art of cutting figures into the
s holly of leather consisted of tubes sowed up air-  material (intaglios), which was chiefly applied to
tight, and when they were wanted, these tubes  producing seals and matrices for the mints; and 2.
were filled with air.  (Heron, c. 2.)  HIeron also  the art of producing raised figures (camrneos), whiclh
mentions a ladder which was constructed in such a  served for the most part as ornaments.
manner, that it might be erected with a man    The former of these two branches was much
standing on the top, whose, object was to observe  more extensively practised among the ancients
what was going on in the besieged town. (Heron, than in modern times, which arose chiefly fionm
c. 12.)  Others again were provided at the top  the general custom of every free man wearing a
with a small bridge, which might be let down  seal-ring.  [ANNULUS.]  The first engravings inl
upon the wall. (Heron, 19.)  In ships small lad- metal or stone, which served as seals, were simple
ders or steps were likewise used for the purpose of and rude signs without any meaning, sometimes
ascending into or descending from them.  (Virg. merelyconsisting of a round or square hole. (Meyer,
Aens. x. 654; Heron, c. 11.)                       Ksnatsqe scicicte, i. 10.)  In the second stage of the
In the houses of the Romans the name Scalae  art, certain symbolical or conventional forms, as in
was applied to the stairs or staircase, leading from  the worship of the gods, were introduced, until at
the lower to the upper parts of a house.  The  last, about the age of Pheidias and Praxiteles, this,
steps were either of wood or stone, and, as in mo- like the other branches of the fine arts, had comndern times, fixed on one side in the wall. (Vitrnvf pleted its free and unrestrained career of developeix. 1. ~ 7, &c.)  It appears that the staircases in  ment, and was carried to such a degree of perfecRoman houses were as dark as those of old houses tion that, in the beauty of design as well as of exein modern times, for it is very often ineationed, cution, the works "f the ancients remain unrivalled
that a person concealed himself is scalis or mi sca- down to the present day.  But few of the names
larumlz   tenzebris (Cic. pro Mnil. 15, Philip. ii.'9; of the artists, who  excelled in this art, have
HIorat. Epist. ii. 2. 15), and passages like these  come down to us.  Some intaglios, as well as
need not be interpreted, as some commentators cameos, have a name engraved upon them, but it
have done, by the supposition that inz scalis is the  is in many cases more probable that such are the
same as sub scalis.  The Roman houses had two  names of the owners than of the artists.  The first
kinds of staircases: the one were the common  artist who is mentioned as an engraver of stones is
scalae, which were open on one side; the others Theodorus, the son of Telecles, the Samian, who
were called scalae Graecae or Kfimaces, which were  engraved the stone in the ring  of Polycrates.
closed on both sides. Massurius Sabinus (ap. Gell. (Herod. iii. 41.)   The most celebrated among
x. 15. ~ 29) states, that the Flaminica was not al- them was Pyrgoteles, who engraved the seal-rings
lowed to ascend higher than three steps on a com- for Alexander the Great. (Winckelmann, vi. p.
mnoon scala, but that she might make use of a climax  107, &c.; see the articles in the Diet. of Bioq.)
like every other person, as here she was concealed  The art continued for a long time after Pyrgoteles
when going up. (Serv. ad Aen. iv. 664.)  [L. S.] in a very high state of perfection, and it appears
SCALPTU'RA or SCULPTU'RA. There are  to have been applied about this period to ornatwo different forms of this word both in Greelk  mental works.  For several of the successors of
and Latin, viz. scallo, seclptura, and sculpo, scuzl-  Alexander and other wealthy persons adopted the
t'ea (in Greek yXadw  and yxi(pw), and there is custom, which was and is still very prevalent in
much doubt respecting their precise meaning. The  the East, of adorning their gold and silver vessels,
original meaning, common to them, is undoubtedly  craters, candelabras, and the like, with precious
the cutting figures out of a solid material.  The  stones  on which raised figures (cameos) wvere
general opinion is, that both scalpo and sculpo, with  worked. (Ath. xi. p. 781; Cic. c. Vesrr. ii. 4. 27,
their derivatives, signify the salne thing, only dif- &c.)  Among the same class of ornamental works
ferent in degree of perfection, so that scalputrl' we may reckon such vessels and paterae as conwould signify a coarse or rude, sculptturc an elabo- sisted of one stone, upon which there was in many
rate and perfect engraving.  This opinion is chiefly  cases a whole series of raised figures of the most
based upon the following passages: Horat. Sat. ii. exquisite workmanship. (Appian. MAlitlhrid. 115;
3. 22; Ovid, Met. x. 248; Vitruv. iv. 6.  (Coin- Cic. 1. c.; Plin. H. N. xxxvii. 3.)  The art was in
pare the commentators on Suet. Galb. 10.)  Others a particularly flourishing state at Romle under Auagain believe that scalpo (yAhSq:t) signifies to cut gustus and his successors, in the hands of Dioscu



SCEPTRUM.                                            SCHIOLA.                  () 1
rides and other artists, many of w llose w(rks are  authors the sceptre is represented as belonging
still preserved.  Respecting the various precious more especially to kings, princes, and leaders of
and other stones which the ancient artists used in  tribes (Horn. II. ii. 186, 199, 265, 268, 279, xviii.
these works, see MUiller, Arechiol. ~ 313.         557, Od. ii. 37, 80, iii. 412): but it is also borne
As regards the technical part of the art of work- by judges (Horn. Od. xi. 568), by heralds (Ii. iii.
ing in precious stones, we only know the following  218, vii. 277, xviii. 505), and by priests and
particulars.  The stone was first polished by the  seers, (Hom. In. i. 15, Od. xi. 91; Aeschyl. Agaes.
politor, and received either a plane or convex sur- 1236.)  It was more especially characteristic of
face; the latter was especially preferred, when the  Asiatic manners, so that among the Persians whole
stone was intended to serve as a seal. The scalptor classes of those who held high rank and were inhimself used iron or steel instruments moistened  vested with authority, including eunuchs, were
with oil, and sometimes also a diamond framed in  distinguished as the sceptre-bearing classes (ol
iron.  These metal instrumlents were either sharp  eTsctrrrooxot, Xen. Cr1. vii. 3. ~ 17, viii. 1. ~ 38,
and pointed, or round.  The ancients understood  3. ~ 15).  The sceptre descended from father to
the use of diamond dust in this work. (Plin. H. N. son (Hom. II. ii. 46, 100-109), and might be
xxxvii. 76; Miiller, Arch. ~ 314. 2.)  The stones committed to any one in order to express the
which were destined to be framed in rings, as  transfer of authority.  (Herod. vii. 52.)  Those
well as those which were to be inlaid in gold or who bore the sceptre swore by it (Hom. In. i. 234
silver vessels, then passed from  the hands of the  -239), solemnly taking it in the right hand and
scalptos into those of the goldsmith (annularies, raising it towards heaven.  (Hom. II. vii. 412, x.
compo70sito?).                                     321, 328.)
Numerous specimens of intaglios and cameos    The original wooden staff, in consequence of its
are still preserved in the various museums of Eu- application to the uses now described, received a
rope, and are described in numerous works.  For
the literature of the subject, anid an account of these
gems and their engravers, see  WVinckelmann,
Geschi. d. Kunst, and other works; MUller, Archhol. ~ 315, &c., and Reoul-Rochette, Letsre dc
AlL Schorn, 2d ed.                      [L. S.] 
SCALPTURA'TUM.  [DoMvs, p. 431, a.]
SCAMNUM,dils. SCABELLUM,a step which                                       /'
was placed before the beds of the ancients in order
to assist persons in getting into them, as some
were very high: others which were lower required              t~
also lower steps, which were called scabellca. (Varro,
de Ling. Lat. v. 168; Isidor. xx. 11; Ovid, Ass                                      G
Am. ii. 211.)  A  scamnum  was sometimes also                               X 
used as a foot-stool.  (Ovid, Ar. Am. i. 162.)  A
scaninumn   extended in length becomes a bench5 i
and in this sense the word is frequently used.
The early Romians, before couches were introduced
among them, used to sit upon benches (scancia)
before the hearth when they took their meals.
(Ovid. Fast. vi. 30;,) The benches in ships were
also sometimes called scamnna.  In the technical variety of ornaments or emblems.  It early becanme
language of the agrimensores a scamnum  was a  a truncheon, pierced with golden or silver studs.
field which was broader than it was long, and one  (Ii. i. 246, ii. 46.)  It was enriched with gems
that was longer than broad was called striga. (Ovid. Mfet.-iii. 264), and made of precious metals
(Varii Auctor. Rei Agr. pp. 46,125, 198, ed. Goes.)  or of ivory (i. 178, Fast. vi. 38.)  The annexed
In the language of the Roman peasantry a scam-  woodcut, taken from  one of Sir tAm. Hamilton's
nuni was a large clod of earth which had not been  fictile vases, and representing Aeneas followed by
broken by the plough. (Colunm. ii. 2.)   [L. S.]   Ascanitis and carrying off his father Anchises, who
SCAPHA.  [NAVIS, p. 786, a.]                    holds the sceptre in his Right hands shows its form as
SCAPHEPHO'RIA.  [HYDRIAPHORIA.]                 worn by kings. The ivory sceptre (ebyfelnees scipio,
SCENA.  [THEATRUM.]                             Val. Max. iv. 4. ~ 5) of the kings of Rome, which
SCEPTRUM  is a latinised form of the Greek  descended to the consuls, was surmounted by all
aetc-frpo,  which originally denoted a simple staff eagle. (Virg. Aeon. xi. 238; Serv. ad loc.; Juv. x.
or walking-stick.  (Hom. II. xviii. 416; Aeschyl.  43; Isid. Orig. xviii. 2.)  [INSIONE.]  Jupiter
Agcanm. 74; Herod. i. 195.)  The corresponding  and Juno, as sovereigns of the gods, were repreLatin term is scipio, springing from  the same root sented with a sceptre.  (Ovid, II. cc.)   LJ. Y.J
and having the same signification, but of less fre-    SCHOENUS (6, i, oXolvos), literally, a rope
quent occurrence.                                  of rushes, an Egyptian and Persian itinerary and
As the staff was used not merely to support the  land measure (Herod. i. 66).  Its length is stated
steps of the aged and infirm, but as a weapon of by Herodotus (ii. 6, 9) at 60 stadial or 2 paradefence and assault, the privilege of habitually car- sangs; by Eratosthenes at 40 stadia, and by others
rying it became emblematic of station and autho- at 32 or 30. (Plin. II. N. v. 9. s. 10, xii, 14. s. 30.)
rity.  The straight staves which are held by two  Strabo and Pliny both state that the schoenus
of the four sitting figures in the woodcut at p. 98, varied  in different parts of Egypt and Persia.
wvhile a third holds the curved staff, or LITuvUs, in-  (Strabo, p. 803; Plin. H. NV. vi. 26. s. 30; comp
dicate no less than their attitude and position, that Athen. iii. p. 122, ai.)             [P.$.]
they are exercisinlg judicial functions.  In ancient    SCtIOLA    [BA.1LEAE, p. 189, b,]
3' 2




1012            SCRIPTURA.                                            SCUTUMI.
SCIADEPI-lO'RIA.  [IIVYDIAPHORIA.]              kept upon them. To how much this duty amlounted
SCIOTHE'RICUMI.  [HOROLOGsIUM.]                 is nowhere stated, but the revenue which the state
SCFPIO.  [SCEPTRUM.]                            derived from  it appears to have been very conSCIRI'TAE.  [ExERCITUS, p. 485, b.]             siderable.  The publicani had to keep the lists of
SCO'RPIO.  [TortlIENoTU.l.]                     the persons who sent their cattle upon the public
SCRIBAE.  The Scribae at Rome were publlc pastures, together with the number and quality of
notaries or clerks, in the pay of the state. They  the cattle.  From  this registering (scribere) the
were chiefly employed in making up the public  duty itself was called scriptsvra,, the public pasture
accounts, copying out laws, and recording the pro- land aeyer scripturarius (Fest. s. v. Scriptznrari2s
ceedings of the different functionaries of the state. a yer), and the publicani or their agents who raised
The phrase scriptu7nf/icere (Liv. ix. 46; Gellius, the tax, scriptetr'arii.  Cattle, not registered by the
vi. 9) was used to denote their occupation. Being  publicani, were called pecsdces insecriptae, and those
very numerous, they were divided into companies  who sent such cattle upon the public pasture were
or classes (decuriae), and were assigned by lot to  punished according to the lex censoria (Varro, de
different magistrates, whence they were named  Re Rust. ii. 1), and the cattle was taken by the
Quaestorii, Aedilicii, or Praetorii, from the officers publicani and forfeited.  (Plaut. Triucul. i. 2. 42,
of state to whom they were attached.  (Cic. Verr. &c.)  The lex Thoria (Appian, de Bell. Civ. i. 2/;
iii. 79, c. Cat. iv. 7, pro Cluent. 45l; Plin. I-.. Cic. Brut. 36) did away with the scriptura in
xxvi. 1. s. 3.)  We also read of a Navalis Scriba, Italy, where the public pastures were very numer.
whose occupation was of a very inferior order. ous and extensive, especially in Apulia (Varro, de
(Festus, s. v. Navalis.)  The appointment to the  Re Rust. 1. c.; Liv. xxxix. 29), and the. lands
office of a scriba seems to have been either made  themselves were now sold or distributed.  In the
on the nomillatio of the magistrate, or purchased. provinces, where the public pastures were also let
Thus Livy (xl. 29) tells us that a scriba was ap- out in the samre imanner (Cic. c. yerr. ii. 2, 3, pro
pointed by a quaestor: and we meet with the  Leg. Mas. 6, ad Fasz. xiii. 65;  Plin. HI. N. xix.
phrase decuriam esnere to " purchase a company,"  15), the practice continued until the time of the
i. e. to buy a clerk's place.  Horace, for instance, empire; but afterwards the scriptura is no longer
bought for himself a " patent place as clerk in the  mentioned.  (Compare Niebuhr, ltist. of Ronme,
treasury" (scri'ptuCn quCestorionz conspar-avit, Tate's  vol. iii. p. 15, &c.; Burmann, VFectgy. Pop. Roam.
Horaeu, ed. i. p. 58).  In Cicero's tinle, indeed, it c. 4.)                               [L. S.]
seems that any one might become a scriba or    SCRU'PULUM, or more properly SCRIPULUAI
public clerk, by purchase (Cic. Verr. iii. 79), and  or SlCRIPLUM (yodajuCa), the smallest denonmination
consequently, as freedmen and their sons were eli- of weight among the Romans.  It was the 24th
gible, and constituted a great portion of the public  part of the UNCIA, or the 288th of the LIBma,
clerks at Rome (Tacit. Ann. xiii. 27), the office and therefore about 18 grains English, which is
was not highly esteemed, though frequently held  about the average weight of the scrupular aurei
by ingenui or freeborn citizens.   Cicero  (I. c.)  still in existence.  [AuvRvu.]
however informs us that the Scribae formed a re-    As a square measure, it was the smallest division
spectable class of men, but he thinks it necessary  of thle Jugerum, which contained 288 scrupula.
to assign a reason for calling them such, as if he  [JucERauM.]  Pliny (Hl. N. ii. 7) uses the word
were conscious that ihe was combating a popular to denote small divisions of a degree.  It was in
prejudice.  Very few instances are recorded of the  fact to be applicable, according to the use of the
Scribae t.eing raised to the higher dignities of the  As and its parts, to the 288th part of any unit.
state: Cu. Flavius, the scribe of Ap. Claudcius, was    Though the scrupulum was the smallest weight
/raised to the office of cuerule aedile in gratitude  in common use, we find divisions of it sometimes
for his making public the various forms of actions, mentioned, as the obolus -=  - of a scruple, the seossiwhich had previously beeIn the exclusive property  obolzus =  - of an obolus, and the siliquGa   -- of an
of the patricians [ACTIO], but the returninlg of- obolus, =  I of a scruple, which is thus shown to
ficer refused to acquiesce in his election till he had  have been originally the weight of a certain numgiven up his books (tabbzlas posuit) and left his ber of seeds. (Priscian. de Pond, v. 8 —13 -
profession.  (Gellius, 1. c.)  The private secreta-    Semiobo                              pond
ries of individuals were called LIBRAsIr, and sometimes Scribae ab epistolis.  In ancient tiles, as       duplo
Festus (s. v.) informs us, scriba was used for a poet.    Gralnma vocant, scripllum nosti dixeie priores.
(Ernesti, Clavis Ciceron. s.c.; Gittling, Gesc!s. dcer  Semina sex ail siliquis latitailtia curvis
R;ism. Staatsves:f p. 374.)           [R..]        Attribunt scriplo, lentisve grana is octo,
SCRI'NIU1~M.  [CAPs &.]            [It.  Y]        Ant totidein speltas numnerant, tristesve lupinos
SCRIPLUM.  [ScUiruLusr.]                            Bis duo.")                          [P. S.]
SCRIPTA  DUO'DECIM.  [LATRUNCULI.]                 SCULIPTURA.  [SCALPTURA.]
SCRIPTU'RA was that part of the revenue of    SCU;'TICA.  [FLAGRUAo.]
the Roman republic which was derived from letting    SCUTUM  (mvpeos&), the Roman shield, worn
out those portions of the ager publicus which were  by  the heavy-armed infantry, instead of being
not or could not be taken into cultivation as pas- round like the Greek CLIPEUS, was adapted to the
ture land.  (Fest. s. v. &al/luss.)  The lamlle for form  of the human body, by being made either
such parts of the ager publicus was: pasclta pub- oval or of the shape of a door (;5pa) which it also
lica, saltets, or sillvac.  They were let by the cen- resembled inl being made of wood or wicker-workc,
sors to the publicani, lile all other vectigalia; and  and from which consequenltly its Greek name was
the persons who sent their cattle to graze on such  derived.  Two of its forms are shown in the woodpublic pastures had to pay a certain tax or duty to  cut at p. 711.  That which is here exhibited is
the publicani, which of course varied according to  also of frequent occurrence, and is given on theX
the number and quality of the cattle which they  salme authority: in this case the shield is cur;ved




SCYTALE.                                             SECTIO.                 1013
so as in part to encircle the body.  The terms  left Sparta, the ephors gave to hini a staff of a deficlripeus and scitlunm are often confounded; but that nite length and thickness, and retained for themithey properly denoted different kinds of shields is selves another of precisely the same size.  When
manifest from the passages of several ancient writers. they had any communicaton to irnake to him, they
(Liv. viii. 8; Plut. Rom. 21; Diod. Eclog. xxiii. 3.)  cut the material upon which they intended to
In like manner Plutarch distinguishes the Roman  write into the shape of a narrow riband, wound it
uvpeds from the Greek &ro7rfs in his life of T. Fla- round their staff, and then wrote upon it the message which they had to send to him. When the
strip of writing material was taken from the staff,
2-'~' A) &91 pnothing but single or broken letters appeared, and
in this state the strip was sent to the general, who
after having wound it around his staff, was able to
read the communication.  This rude and imperfect
mode of sending a secret message must have come
1''I///,)//i AX  \\%/1 /         down from  early times, although no instance of it
is recorded previous to the time of Pausanias.
4,@ X(Corn. Nep. P>aus. 3.) In later times, the Spartans
used the scytale sometimes also as a medium through.....i..'                          which they sent their commands to subject and allied towns.  (Xenoph. I-Hell. v. 2. ~ 37.)  [L. S.]
-')#' +./ //              SCYTHAE (c0uat)i).  [DEMOSII.]
SECE'SPITA, an instrument used by the Roman priests in killing the victims at sacrifices.
\  \              \ \(Suet. Tib. 25.)  According to the definition of
Antistius Labeo, preserved by Festus (p. 348, ed.
— _ A._                          MUller) and Servius (ad Virg. Alen. iv. 262), it
was a long iron knife (c~llter) with an ivory handle,
minius (p. 688, ed. Steph.) In Eph. vi. 16 St. Paul used by the Flamines, Flaminicae Virgines, and
uses the term  guvpeds rather than ao7ris or oatcds, Pontifices.  Paulus, however, in his epitome of
because he is. describing the equipment of a Roman  Festus (p. 336) says that some think it to be an
soldier.  These Roman shields are called sclta  axe (seceris), others a dolabcra, and others again a
longa. (Virg. Aen. viii. 662; Ovid. Fast. vi. 393; knife (cultelr).  On Roman coins representing sacriU peobs ErstijcKELs, Joseph. Ant. Jied. viii. 7. ~ 2.) ficial emblems we see an axe, which modern writers
Polybius (vi. 21) says their dimensions were 4 feet call a secespita, though we do not know on what
by 21.  The shield was held on the left arm by  authority, except the doubtful statement of Paulus.
means of a handle, and covered the left shoulder. See the annexed coin of the Sulpicia Gens, the
[Comp. EXERCITUS, p. 496, b.]          [J. Y.]    obverse of which is supposed to represent a culter,
SCY'RIA  DIKE  (sacvpla  ficpK) is thus ex- a simpuvium, and a secespita.
plained by Pollux: SK'cvplav'IKx:,v,vozCcoovetv o
KcyuoopoaiancoKnao t TrX v T rpaXEnav'   ol ytap cpvryotscovPTe; EGsirICrToVYro Eli ZKCpoiv X Els Aii y ov  asoereaEt'.  By rppaXEa aibc- is meant one beset with       e                      s    Ot
difficulties, in which the plaintiff had to encounter      
every sort of trickery and evasion on the part of'
the defendant. On the appointed day of trial both             v  
parties were required to be present in court, and if
either of them did not appear, judgment was pro-    SECRETA'RIUM.  [AuDITORIUMr.]
nounced against him, unless he had some good    SE'CTIO. "Those are called Sectores who buy
excuse to offer, such as illness or inevitable absence property publice."  (Gaius, iv. 146; Festus, s. s7.
abroad.  Cause was shown by some friend on his Sectores.)  Property was said to be sold pzublice
behalf, supported by an affidavit called 67ricuoola, (venile publice), when a man's property was sold
in answer to which the opponent was allowed to  by the state in consequence of a condemnatio and
put in a counter affidavit (a&'vrwlAooia), and the  for the purpose of repayment to the State of such
court decided whether the excuse was valid.  It sums of money as the condemned person had imseems to have become a practice with persons who  properly appropriated; or in consequence of a pro.
wished to put off or shirk a trial, to pretend that scriptio. (Liv. xxxviii. 60; Cic. in Veer. i. 20.)
they had gone to some island in the Aegean sea, Such a sale of all a man's property was a Sectio
either on business or on the public service; and  (Cic. pro Rosecio Amer. 36, 43, &c.); and somethe isles of Scyrus (one of the Cyclades), Lemnos, times the things sold were called Sectio. ~ (Tacit.
and Imbrus were particularly selected for that Hist. i. 90.)  The sale was effected by the Praetor
purpose.  Shammers of this kind were therefore  giving to the QLaestors the Bonorumn Possessio, in
nicknamed Lemnians and Imbrians. (Pollux, viii. reference to which the phrase " bona publice pos60, 81; Kuhn, ad loc.; Suidas, s. v. Kcvpiav 3icr-vY: sideri " is used.  The property was sold sub hasta
Hesych. s. v."Ipugpios; Steph. Tiesauz. 8484. c. s. v. and the sale transferred Quiritarian ownership, to'v pos: Demosth. c. Olympiod. 1174; Meier, Att. which Gaius probably alludes in a mutilated pasProc. p. 696.)                      [C. R. K.]    sage (iii. 80; compare Varro, de Re Rtlst. ii. 10.
SCY'TALE (KUcashrnaX/) is the name applied to  s. 4; Tacit. Hist. i. 20).  The Sector was intitled
a secret mode of writing by which the Spartan  to the Interdictum  Sectoriusn for the purpose of
ephors communicated with their kings and generals  obtaining possession of the property (Gaius, iv.
when abroad. (Plut. Lysand. 19; Schol. ad Tluecyd. 146); but he took the property with all its liabii. 131; Suidas, s. v.)  When a king or general lities.  An hereditas that had fallen to the Fiscu.'
3 T 3




1qI 4        - SEISACl1TIIHEIA.                                        SELLA.
was sold in this way, and the Sector acquired the  enslaved for debt. For further information onl this
hereditatis petitio.  [PRAEDA.]        [G. L.]    measure, see Diet. of Biog'. art. Solon.
SECTOR.  [SECTIO.]                                 This great measure, when carried into effect,
SECTO'RIUM  INTERDICTUM.  [INTER- gave general satisfaction, for it conferred the greatDICTUM; SECTIO.]                                  est benefits upon the poor, without depriving the
SECU'RIS, dinm. SECURICULA (&gvs1V, are- rich of too much, and the Athenians expressed their
AKIus), an axe or hatchet.  The axe was either thankfulness by a public sacrifice, which they called
made with a single edge, or with a blade or head (ELadXOELa, and by appointing Solon to legislate
on each side of the haft, the latter kind being de- for them  with unlimited power.  (Plut. Sol. 16;
nominated bipennis (7reAE'Kus aoI'dTos, or j  w1p0o'-  compare Suidas, Hesych. Etym. Mag. s. v.; Cic.
uCos, Agathias, Hist. ii. 5. pp. 73, 74). As the axe  de Re Publ. ii. 34; Wachsmuth, Hellen. Alt. vol.
was not only an instrument of constant use in the  i. p. 472.)                             [L. S.]
hands of the carpenter and the husbandman, but    SELIQUASTRUM.  [SELLA, No. IV.]
was moreover one of the earliest weapons of attack    SELLA.  The general term for a seat or chair
(Hom. II. xv. 711; Suet. Galba, 18), a constituent of any description.  The varieties most deserving
portion of the Roman fasces, and a part of the ap   of notice are:paratus when animals were slain in sacrifice, we    I. SELLA CURULIS, the chair of state. Curulis
find it continually recurring under a great variety  is derived by the ancient writers from cure2s (Aul.
of forms upon coins, gems, and bas-reliefs.  In the  Gell. iii. 18; Festus, s. v. Cur'ules; Serviuss, ad
woodcut to the article SCEPTRUM, the young As-  Viug. Aen. xi. 334; Isidor. xx. 11. ~ 11); but it
canius holds a battle-axe in his hand.  Also real is more probably connected with curvus.  The sella
axe-heads, both of stone and metal, are to be seen  curulis is said to have been used at Rome from a
in many collections of antiquities.  Besides being  very remote period as an emblem of kingly power
made of bronze and iron, and more rarely of silver  (hence curuli sregia sella adornavit, Liv. i. 20), havingc
(Virg. Aes. v. 307; Wilkinson, Asan. and Cust. of been imported, along with various other insignia of
E#,gypt. vol. i. p. 324), axe-heads have from  the  royalty, from Etruria (Liv. i. 8), according to one
earliest times and among all nations been made of account by Tullus Itostilius (Macrob. Sat. i. 6); acstone.  They are often found in sepulchral tumuli, cording to another by the elder Tarquinius (Flor.
and are arranged in our museums together with  i. 5); while Silius names Vetulonii as the city
chisels, both of stone and of bronze, under the name  from  which it was immediately derived (viii. 487).
of celts [DOLABRA].                                Under the republic the right of sitting upon this
The prevalent use of the axe on the field of chair belonged  to the  consuls, praetors, curule
battle was generally characteristic of the Asiatic  aediles, and censors (Liv. ii. 54, vii. 1, ix. 46, x. 7,
nations (Curt. iii. 4), whose troops are therefore  x. 45; Aul. Gell. vi. 9, &c.); to the Flamen
called securigerae catefrvse.  (Val. Flacc. Argonz. v. Dialis (Liv. i. 20, xxvii. 8) [FrAMEN]; to the
138.)  As usual, we find the Asiatic custom pro-  dictator, and to those whom  he deputed to act
pagating itself over the north of Europe.  The bi- under himself, as the msagister equitunz, since he
pennis and the spear were the chief weapons of the  might be said  to comprehend all magistracies
Franks.  (Agathias, 1. c.)             [J. Y.]    within himself.  (Dion Cass. xliii. 48; Liv. ii. 31;
SECUTO'RES.  [GLADImTORES, p. 576, a.]   Festus, s. v.,Sellae curzlis).  After the downfal of
SEISACHTHEIA  (oaesciXXOeta), a disburden-  the constitution it was assigned to the emperors
ing ordinance, was the first and preliminary step in  also, or to their statues in their absence (Tacit.
the legislation of Solon.  (Plut. Sel. 15; Diog. Annsz. xv. 29, Hist. ii. 59; Servius, 1. c.); to the
Lalrt. i. 45.)  The real nature of this measure  Augustales (Tacit. Ann. ii. 83), and, perhaps, to
was a subject of doubt even among the ancients  the praefectus urbi. (Spanheim, de Pirest. et Usit
themselves, for while some state that Solon thereby  Numnisnm. x. 3. ~ 1.)  It was displayed upon all
cancelled all debts, others describe it as a mere re- great public occasions, especially in the circus and
duction of the rate of interest.  But from  the  theatre (Liv. ii. 31; Suet. Octtav. 43; Dion Cass.
various accounts in Plutarch and the grammarians  lviii. 4), sometimes, even after the death of the
it seems to be clear that the owes'cXOEla consisted  person to whom  it belonged, a mark of special
of four distinct measures.  The first of these was  honour, bestowed on Marcellus, Germanicus, and
the reduction of the rate of interest, and if this  Pertinax (Dion Cass. liii. 30, lxxiv. 4 * Tacit. Asn2.
was, as it appears, retrospective, it would naturally  ii. 83, and Comm. of Lips.; Spanheim, x. 2. ~ I);
in many cases wipe off a considerable part of the  and it was the seat of the praetor when he addebt. The second part of the measure consisted  ministered justice. (Cic. Veri-. ii. 38; Val. Max. iii.
in lowering the standard of the silver coinage, that 5. ~ 1; Tacit. Ann. i. 75; Martial, xi. 98. 18.)
is, Solon made 73 old drachmas to be worth 1 00  In the provinces it was assumed by inferior magisnew ones; so that the debtor, in paying off his trates, when they exercised proconsular or prodebt, gained rather more than one fourth. Bbckh  praetorian  authority, as we infer from  its ap(Publ. Econ. p. 16) supposes that it was Solon's  pearing along with fasces on a coin of the Gens
intention to lower the standard of the coinage only  Pupia, struck at Nicaea in Bithynia, and bearing
by one fourth, that is, to make 75 old drachmas  the name AVAOC  IOVIIOCr TAMIAC.  We find
equal to 100 new ones, but that the new  coin  it occasionally exhibited on the medals of foreign
proved to be lighter than he had expected.  The  monarchs likewise, on those of Ariobarzanes II. of
third part consisted in the release of mortgaged  Cappadocia, for it was the practice of the Romans
lands from their incumbrances and the restoration  to present a curule chair, an ivory sceptre, a toga
of them  to their owners as full property.  How  praetexta, and such like ornaments, as tokens of
this was effected is not clear.   Lastly, Solon  respect and confidence to those rulers whose friendabolished the law  which gave to the creditor a  ship they desired to cultivate. (Liv. xxx. 11, xlii.
right to the person of his insolvent debtor, and he  14; Polyb. Exrc. Leg. cxxi.; Cic. ad Facn. xv. 2;
restored to their full liberty those who had been  Spanheim, Ibid. x. 4.)




SELLA.                                             SELLA.                  1015
The sella curulis appears from  the first to have  of honour to distinguished persons by the magisbeen ornamented with ivory, and this is commonly  trates and people in provincial towns.  There are
indicated by such expressions as czrule eburl; Nu- examples of this in an inscription found at Pisa,
midae sculptile dentis opus; and EiraqvTrisvos  Li- which called forth the long, learned, rambling
opos (Hor. Ep. i. 6. 53; Ovid. exPont. iv. 9. 27); dissertation  of Chimentelli (Graev. Thes. Antiq.
at a later period it was overlaid with gold, and  Roms. vol. vii. p. 2030), and in two others found
consequently we find 8L'gpousr ErXpSous, Saporvous at Pompeii.  (Orell. Inscr. n. 4048, 4044.)  In
IcaTaXprroUs, TbV   q)spov lTb  KeXpUow sjAeros,  re- another inscription we have BISELLIATUS   HONOR
curring constantly in Dion Cassius, who frequently, (Orell. 4043); in another (Orell. 4055), conhowever, employs the simple form  LtcppoL &pXIcoi. taining the roll of an incorporation of carpenters,
In shape it long remained extremely plain, closely  one of the office-bearers is styled COLLEGI BIresembling a common folding (plicatilis) camp stool SELLEARIUS.  (Compare Orell. 4046, 4047.)
with crooked legs.  These last gave rise to the    Two bronze bisellia were discovered at Ponipeii,
name &?yKvAdrovs Uippos, found in Plutarch (Ma- and thus all uncertainty with regard to the form of
fius, 5); they strongly remind us of elephants' the seat has been removed.  One of these is enteeth, which they may have been intended to imi- graved above.  (Mus. Borbon. vol. ii. tav. 31.)
tate, and the emperor Aurelian proposed to con-    III. SELLA GESTATORIA (Suet. Ner.26, Vitell.
stract one in which each foot was to consist of an  16; Amm. Marc. xxix. 2) or FERTORIA (Caeenormous tusk entire.  (Vopiscus, Fis'rm. 3.)      lius Aurelian. i. 5, ii. 1), a sedan used both in
The form of the sella curulis, as it is commonly  town and country (Tacit.Ann. xiv. 4; Suet. Claud.
represented upon the denarii of the Roman fa- 25), by men (Tacit. IHist. i. 35, iii. 85; Juven.
milies, is given in p. 520.  In the following cut are  vii. 141; Martial. ix. 23), as well as by women.
represented two pair of bronze legs, belonging to  (Tacit. Ann. xiv. 4; Juv. i. 124, vi. 532; hence
eellae curules, preserved in the museum at Naple  snauiiebris sella, Suet. Otlo, 6.)  It is expressly dis(Mauseo Borbonico, vol. vi. tav. 28); and a sells tinguished from the LECTICA (Suet. Claud. 25;
curulis, copied from the Vatican collection.       Martial, x. 10, xi. 98; Senec. brev. vit. 12), a
portable bed or sofa, in which the person carried
lay in a recumbent position, while the sella was a
portable chair in which the occupant sat upright,'{5 A i5 iid~      but they are sometimes confounded, as by Martial
(iv. 51). It differed from the cantedra also, but in
what the difference consisted it is not easy to determine. [CATHEntRA.]  The sella was sometimes
entirely open, as we infer from the account given
by Tacitus of the death of Galba (tHist. i. 35, &c.),
-9~           ~ dIo~~~~~~           h\     lbut more frequently shut in. (Juven.i. 126; Suet.
Ner. 26, Vitell. 16, Ot1w, 6.)  Dion Cassius (lx.
2) pretends that Claudius first employed the
/2 -4~ ~ covered sella, but in this he is contradicted by
Suetonius (Octav. 53), and by himself (xlvii. 23,
lvi. 43).  It appears, however, not to have been
introduced until long after the lectica was common,
since we scarcely, if ever, find any allusion to it
II. BISELLIUM.  The word is found in no clas- until the period of the empire.  The sellae were
sical author except Varro (L. L. v. 128, ed. MUller), made sometimes of plain leather, and sometimes
according to whom it means a seat large enough to  ornamented with bone,. ivory, silver (Lamprid.
contain two persons.  We learn from  various in- Elagab. 4), or gold (Claud. Honor. Cons. iv. 583),
scriptions that the right of using a seat of this  according to the rank or fortune of the proprietor.
kind, upon public occasions, was granted as a mark  They were furnished with a pillow to support the
head and neck (cervical, Juv. vi. 532, and Schol.),
when made roomy the epithet laxa was applied
____                __Ad~~~                  (Senec. de Const. 14), when smaller than usual
they were termed sellulae (Tacit. Hist. iii. 85);
) (-X\ ha    g Elf 3-fL         the motion was so easy that onle might study without inconvenience (Plin. Ep. iii. 5), while at the
same time it afforded healthful exercise. (Senec.
Brev. vit. 12; Galen. de Tulend. T7al. vi. 4; Caelius
Aurelian. i. c.)
_  \IV. SELLAE of different kinds are mentioned
iincidentally in ancient writers, accompanied by
epithets which serve to point out generally the
purposes for which they were intended.  Thus we
read of sellae baelnares, sellae tonsoriae, sellae obstetriciae, sellaefa7iniliaricae v. pelrtsae, and many
others.  Both Varro (L. L. v. 128) and Festus
(s. v.) have preserved the word seliquastrum. The. —-I S_                      S — former classes it along with sedes, sedile, soliuae,
sellae, the latter calls them "sedilia antiqui gene-D is," and Arnobius includes them among common
articles of furniture.  No hint, however, is given
by any of these authorities which could lead us to




10161             SENATUS.                                           SENATUS.
conjecture the shape, nor is any additional light or the Luceres  became incorporated  with  tile
thrown uponl the question by HI-yginus, who tells  Roman state.  Dionysius (iii. 67) and Livy (i.
us, when describing the constellations, that Cassio- 35) place this last event in the reign of Ta'rpeia is seated " in siliqucastsro."                quinius Priscus; Cicero (de Re Publ. ii. 20), wvho
Of chairs in ordinary use for domestic purposes, agrees with the two historians on this point, states
a great variety, many displaying great taste, have  that Tarquinius doubled the number of senators,
been discovered in excavations or are seen repre- according to which we ought to suppose that besented in ancient frescoes.  The first cut annexed  fore Tarquinins the senate consisted only of 150
represents a bronze  one from  the Museumn at members.  This difference however may be accounted for by the supposition, that at the time of
________________  _______________      Tarquinius Priscus a number of seats in the senate
iad become vacant. which he filled up at the
same time that he added 100 Luceres to tIe senate,
or else that Cicero regarded the Luceres, in opposition to the two other tribes, as a second or a new
half of the nation, and thus incorrectly considered
their senators likewise as the second or new half
of that body.  The new  senators added by Tart/  Hi?'?iquinius Priscus were distinguished from those belonging to the two older tribes by the appellation
ptres aienorurne   entium, as previously those who
represented the Tities had been distinguished, by
the same name, from those who represented the
Naples (MMus. BoIt.  vol. vi. tav. 28): the second, Ranmnes.  (Dionys. ii. 57.)  Servius Tullius did
two chairs, of which the one on the right hand is not make any change in the composition of the
in the Vatican and the other is taken from apaint- senate; but under Tarquinius  Superbus their
ing at Pompeii.  (llIs. Borl. vol. xii. tav. 3.)  A  number- is said to have become very much dihliair of a very beautiful form is given in the Ai&s.  minished, as this tyrant put many to death and
Borb. vol. viii. tav. 20.                          sent others into exile.  This account however appears to be greatly exaggerated, and it is a probable supposition of Niebuhr ([Iist. of' Rome, i.
p. 526), that several vacancies in tlhe senate arose
firom many of the senators accompannying    the tyrant
into his exile.  The vacancies which had thus
arisen were filled up immediately after the establishment of the republic, by L. Junius Brutus,
as some writers state (Liv. ii. 1), or, according  to'   t t   >   //,lJ   \\\  Dionysius (v. 13), by Brutus and Valerius Publicola, and according to Plutarch (Pmubl. 11) and
Festus (s. v. Qui palres)  by Valeris Publicola
alone.  All however agree that the persons who
were on this occasion made senators were noble
V. SELLAE EQUESTRES. [EPHIPPIUtI.] [W.R.]  plebeians of equestrian rank.  Dionysius states,
SE1/MATA (auatara).  [FNvus, p. 556, a.]    that the noblest of the plebeians were first raised
SEMBELLA.  [DENRIUS.]                 -         to the rank of patricians, and that then the new
SEMENTIVAE FERIAE. [FERIA, p.530,a.]  senators were taken from amnong them.  But this
SEMIS, SEMISSIS.  [As, p. 140, b.]              appears to be incompatible with the name by
SEMU'NCIA.  [UNCIA.]                            which they were designated.  IHad they been
SEMUNCIA'RIUM  FUNUS.  [FENUS, P. made patricians, they would have been patres like
527, b.]                                          the others, whereas now the new senators are said
SENA'TUS. In all the republics of antiquity  to have been distinguished from the old ones by
the government was divided between a senate and  the name of conscripti. (Liv. ii. 1; Fest. s. v. Cona popular assembly; and in cases where a king scripti and adlecti.)  Hence the customary mode of
stood at the head of affairs, as at Sparta, the  addressing the whole senate' henceforth always
king had little more than the executive.  A  se- was: partes 0onscripti, that is, paltes et consclripti.
nate in the early times was always regarded as There is a statement that the number of these new
an assembly of elders, which is in fact the meaning  senators was 164 (Plut. Pubt. 11; Fest. s. v. Qui
of the Roman  senatus as of the Spartan yepovoula, patres); but this, as Niebuhr has justly remarked,
and its members were elected from  among the  is a fabrication, perhaps of Valerius of Antium,
nobles of the nation.  The number of senators  which is contradicted bny all subsequent history.
in the ancient republics always bore a distinct re-    Henceforth the number of 300 senators appears
lation to the numlber of tribes of which the nation  to have remained unaltered for several centuries.
was composed.  [BoULE, GERUSIA.]  Hence in  (Liv. Epit. 60.)   C. Sempronius Gracchus was
the earliest times, when Rome consisted of only  the first who attempted to make a change, but in
one tribe, its senate-consisted of one hundred mem- what this consisted is not certain.  In the epitome
bers (senatores or patres; compare PATrIICIm), and  of Livy it is expressly stated, that he intended to
when the Sabine tribe or the Tities became united  add 600 equites to the number of 300 senators,
with the Latin tribe or the Ramnnes, the number which would have made a senate of 900 members,
of senators was increased to two hundred. (Dionys. and would have given a great preponderance to the
ii. 47; Plut. Rom. 20.)  This number was again  equites. This appears to be an absurdity. (G/bttling,
augmented by one hundred, when the third tribe  Cescl. l., Rimm. S/naotsv. p 437.)   Plutarch (0,




SENATUS.                                           SENATUS.                  10 1 7
Gra6cch. 5, &c.) states, that Gracchus added to the  Dionysius (ii. 14) also states that the senators
senate 300 equites, whom he was allowed to select were elected by the populus, but the manner in
from the whole body of equites, and that he trans-  which he describes the election is erroneous, for
ferred the judicia to this new senate of 600.  This  he believes that the three tribes were already
account seems to be founded upon a confusion of united  when the senate consisted of only one
the lex judiciaria of C. Gracchus with the later  hundred members, and that the senators were
one of Livius Drusus (WVralter, Gescs. d. PZijM. elected  by the  curies.   Niebuhr (i. p. 338)
Iecldss, p. 214), and all the other writers who men- thinks, that each gens sent its decurio, who was
tion the lex judiciaria of C. Gracchus do not allude  its alderman, to represent it in the senate; Gotto any change or increase in the number of sena-  tling (p. 151, comp. p. 62) on the otller hand
tors, but merely state that he transferred the judi-  believes, with somewhat more probability, that
cia from the senate to the equites, who remained in  each decury (the EIcdCs of Dionysius), which contheir possession till the tribuneship of Livius Dru-  tained either a part of one or parts of several
sus.  The latter proposed, that as the senate con- smaller gentes, had to appoint one old man by
sisted of 300, an equal number of equites should  whom  it was represented in the senate. and a
he elected (&plorvlslVv) into the senate, and that in  younger one as eques.  This supposition removes
fueture the judices should be taken from this senate  the difficulty respecting the decurio, which has
of 600. (Appian. B. B. i. 35; Aurel. Vict. d(e Vir. been pointed out by Walter (Geschl. d. irom. Rec/ts,
Illustr. 66; Liv. Epit. 71.)  After the death of p. 23. n. 12); for the decurio was the commander
Livius Drusus, however, this law was abolished by  of a division of the armlly, and as such could not
the senate itself, on whose behalf it had been pro-  well have been of the age of a senator.  As, acposed, and the senate now again consisted of 300  cording to this theory, each decury or gens apmembers.  During the civil war between Marius  pointed one senator, each cury was represented by
and Sulla many vacancies must have occurred in  ten, each tribe by one hundred. and the whole
the senate. Sulla in his dictatorship not only filled  populus by three hundred senators, all of whonl
up these vacancies, but increased the number of lield their dignity for life.  But this theory cannot
senators.  All we know of this increase with cer-  be accepted, for we inmust either set nearly all
tainty is, that he caused about 300 of the most the ancient authorities at defiance, or we must
distinguished equites to be elected into the senate  acquiesce in the old opinion that the king ap(Appian. B. C. i. 100), but the real increase which  pointed  the senators.   The plebeians as such
he made to the number of senators is not mentioned  were not represented in the senate, for the inanywhere.  It appears, however, henceforth to  stallces in which plebeians are mentioned as being
have consisted of between five and six hundred. made senators, as in the reign of Tarquinius Pris(Cic. ad Att. i. 14.)  Julius Caesar augmented the  cus and after the abolition of the kingly power,
number to 900, and raised to this dignity even  cannot be regarded in any other light than mere
common soldiers, freedmen, and peregrini. (Dion  momentary measures, which the government was
Cass. xliii. 47; Suet. Caes. 80.)  This arbitrari-  obliged to adopt for several reasons, and witho)ut
ness in electing unworthy persons into the senate, any intention to appoint representatives of the
and of extending  its number at random, was imi- plebes. (Niebuhr, i. p. 526, &c.) The numbers of
tated after the death of Caesar, for on one occasion  such plebeian senators at any rate must have been
there were more than one thousand senators. (Suet. much smaller than they are stated by our authorilAut. 35.) Augustus cleared the senate of the un-  ties, for there is no instance of any plebeian senaworthy members, who were contemptuously called  tor on record until the year 439 a. c., when Spurils
by the people Orcini senatores, reduced its number Maelius is mentioned as senator.  The senate itto 600 (Dion Cass. liv. 14), and ordained that a list self appears to have had some influence upon the
of the senators should always be exhibited to public  election of new members, inasmuch as it might raise
inspection.  (Dion Cass. lv. 3.)- During the first objections against a person elected. (Dionys. vii. 55.)
centuries of the empire, this number appears, on the  The whole senate was divided into decuries, cacls
whole, to have remained the same; but as every-  of which corresponded to a curia.  Whei tlhe
thing depended upon the will of the emperor, we  senate consisted of only one hundred  members,
can scarcely expect to find a regular and fixed  there were accordingly only ten decuries of senanumber of them. (Dion Cass. liii. 17.) During the  tores; and ten senators, one being taken from each
latter period of the empire their number was again  decury, formed the decems prfimi vwho represented
very much diminished.                              the ten curies. When subsequently the representWith respect to the eligibility of persons for atives of the two other tribes were admitted into
the senate, as well as to the manner in which they  the senate, the Ramnes with their decem primi rewere elected, we must distinguish between the  tained for a time their superiority over the two
several periods of Roman history. It was formerly  other tribes (Dionys. ii. 58, iii. 1; Plnt. Numse. 3),
a common opinion, founded upon Livy (i. 8) and  and gave their votes first. (Dionys. vi. 84.)  The
Festus (s. v. Praeteriti senstotves), which has in  first among the decem  primi was the princeps
modern times found new  supporters in Huscllke  senate/s, who was appointed by the king (Dionys.
and Rubino, that in the early period of Roman  ii. 12; Lyd. de Aoeos. i. 19), and was at the same
history the kings appointed the members of the  time custos urbis. [PRAEFECTUS URB.] Respectsenate at their own discretion.   Niebuhr and  ing the age at which a person might be -elected
others after him  have attempted to show that the  into the senate during the kingly period, we know
populus of Rome was the real sovereign, that all no more than what is indicated by the name senathe powers which the kings possessed were dele-  tor itself, that is, that they were persons of adgated to them by the populus, and that the senate  vanced age.  (Comp. Becker, IRP;s. Alter/l. vol. ii.
was an assembly formed on the principle of re- pt. ii. p. 385, &c.)
presentation, so that it represented the populus,    On the establishment of the republic the elecand that its members were elected by the populus.  tion of senators. passed from  the hands of the




1 018             SENATUS.                                           SENAT LUS.
kings into those of the magistrates, the consuls, con-! pare Niebuhlr, ii. p. 114; Walter, p. 144, and
snlar tribunes, and subsequently the censors. (Liv.  more especially Becker, 1. c. p. 431, &c.; F. Hofii. 1; Fest. s. v. Praeteriti senatores.) But the power  mann, Der Rimn Senat, p. 19, &c.)  A  singular
of electing senators possessed by the republican  irregnularity in electing members of the senate was
magistrates was by no means an arbitrary power,  committed by Appius Claudius Caecus, who elected
for the senators were always taken from among  into the senate sons of freedmen (Liv. ix. 29, 46;
those who were equites, or whom the people had  Aur. Vict. de Fi?. Illusts. 34); but this conduct
previously invested with a magistracy, so that in  was declared illegal, and had no further consereality the people themselves always nominated  quences.
the candidates for the senate.  Front the year    WVhen atlength all the state offices had become
487 B. c. the princeps senatus was no longer  equally accessible to the plebeians and the patriappointed for life, but became a magistrate ap-  cians, and when the majority of offices were held
pointed by the curies, and the patres minorum   by the former, their number in the senate naturally
gentium  were likewise eligible to this dignity.  increased in proportion.  The senate had gradually
(Niebuhr, ii. p. 119.)  It moreover appears, that become an assembly representing the people, as
all the curule magistrates from the quaestors up-  formerly it had represented the populus, and down
wards had by virtue of their office a seat in the  to the last century of the republic the senatorial
senate, which they retained after the year of their  dignity was only regarded as one conferred by the
office was over, and it was from these ex-magis-  people. (Cic. pro Sext. 65, de Leg. iii. 12, c. Verr.
trates that the vacancies occurring in the senate  iv. 11, pro  Cluend. 56.)   But notwithstanding
were generally filled up.                          this apparently popular character of the senate, it
After the institution of the censorship, the cen-  was never a popular or democratic assembly, f-or
sors alone had the right to elect new members into  now  its members belonged to the nobiles, who
the senate from among the ex-magistrates, and to  were as aristocratic as the  patricians.   [Noexclud3 such as they deemed unworthy. (Zonar. BILES.]  The office of princeps senatus, which
vii. 19; compare Cic. de Leg. iii. 12.)  [CEN-  had become independent of that of praetor urbanus.,
soR.]  The  exclusion  was effected by simply  was now given by the censors, and at first always
passing over the names and not entering them  to the eldest among the ex-censors (Liv. xxvii. 11),
into the lists of senators, whence such men were  but afterwards to any other senator whom they
called praeteriti senatores.  (Fest. s. v.)  On one  thought most worthy, and unless there was any
extraordinary occasion the eldest among the ex-  charge to be made against him, he was reelected
censors was invested with dictatorial power to  at the next lustrum.  This distinction, however,
elect new members into the senate. (Liv. xxiii. great as it was, afforded neither power nor advan22.)  The censors were thus, on the one hand, tages (Zonar. vii. 19), and did not even confer the
confined in their elections to such persons as had  privilege of presiding at the meetings of the senate,
already received the confidence of the people, and  which only belonged to those magistrates who had
on the other, they were expressly directed by the  the right to convoke the senate. (Gell. xiv. 7; Cic.
lex Ovinia tribunicia to elect " ex omni ordine op- de Leg. iii. 4.)
timum quemque curiatim." (Fest. 1. c.)  This ob-    It has been supposed by Niebuhr (iii. p. 406),
scure lex Ovinia is referred by Niebuhr (i. p. 527)  that a senatorial census existed at Rome at the
to the time anterior to the admission of the con- commencement of the second Pusnic war, but the
scripti into the senate, but it evidently belongs to  words of Livy (xxiv. 11) on which this supposition
a much later period, and was meant to be a guid- is founded seem to be too vague to admit of such an
ance to the censors, as he himself afterwards ac-  inference. GBttling (p. 346) infers from Cicero (tad
knowledged (ii. p. 408, n. 855; compare Walter, Fasz. xiii. 5), that Caesar was the first who inst.p. 100, n. 68).  The ordo mentioned in this lex is  tuted a senatorial census, but the passage of Cicero
the ordo senatorius, i. e. men who were eligible for  is still more inconclusive than that of Livy, and
the senate from  the office they had held. (Liv.  we may safely take it for granted that during the
xxii. 49.) The expression curiatimn is very difficult whole of the republican period no such census
to explain; some believe that it refers to the fact existed (Plin. tI. N. xiv. 1), although senators
that the new senators were only appointed with the  naturally always belonged to the wealthiest classes.
sanction of the senate itself (Dionys. vii. 55; Cic. The institution of a census for senators belongs
Plzilip. v. 17), and in the presence of the lictors, altogether to the time of the empire.  Augustus
who represented the curies.                        first fixed it at 400,000 sesterces, afterwards inFrom the time that the curule magistrates had  creased it to double this sum, and at last even to
the right to take their seats in the senate, we must  1,200,000 sesterces.  Those senators whose prodistinguish between two classes of senators, viz., perty did not amount to this sum, received grants
real senators, or such as had been regularly raised  from the emperor to make it up.  (Suet. Aug. 41;
to their dignity by the magistrates or the censors, Dion Cass. liv. 17, 26, 30, Iv. 13.) Subsequently
and such as had, by virtue of the office which they  it seems to have become customary to remove from
held or had held, a right to take their seats in the  the senate those who had  lost their property
senate and to speak (sententiani dicere,jus sententiae), through their own prodigality and vices, if they
but not tovote. (Gellius, iii. 18; Fest. s.v. Senatores.)  did not quit it of their own accord. (Tacit. Alnal.
To this ordo senatorius also belonged the ponti-  ii. 48, xii. 52; Suet. Tib. 47.)  Augustus also,
fex maximus and the flamen dialis.  The whole  after having cleared the senate of unworthy memof these senators had, as we have stated, no right bers, introduced a new and reanimating element
to vote, but when the others had voted, they might into it by admitting men from the municipia, the
step over or join the one or the other party, whence  colonies, and even from  the provinces.  (1Tacit.
they were called seznatores pedarii, an appellation  Annal. iii. 55, xi. 25; Suet. Vesp. 9.)  When
which had in former times been applied to those  an inhabitant of a province was honoured in this
juniores who were not consulars, (Gell. I. c.; com-  manner, the province was said to receive thejus




SENATUSS.                                         S      TS.                1019
se-nalus.  Provincials who were made senators of fiully meet, and that no other matters should be
course went to reside at Rome, and with the ex-  discussed until these affairs were settled. (Cic. ad
ception of such as belonged to Sicily or to Gallia  Q. Frat. ii. 13, ad Faoe. i. 4.)
Narbonensis, they were not allowed to visit their    The places where the meetings of the senate
native countries without a special permission of were held (cemiae, senacula) were always inauguthe emperor.  (Tacit. Annal. xii. 23; Dion Cass. rated by the augurs. [TEMPLUM.] The most alllii. 46, lx. 25.)  In order to make Rome or Italy  cient place was the Curia Hostilia, in which alone
their new home, the provincial candidates for the  originally a senatusconsultum could be made.  Afsenate were subsequently always expected to ac- terwards however several temples were used for
quire landed property in Italy.  (Plin. Epist. vi. this purpose, such as the temple of Concordia, a
19.) On the whole, however, the equites remained  place near the temple of Bellona [LEGATUS], and
during the first centuries of the empire the semi-  one near the porta Capena.  (Fest. s. v. Senacula;
narieum senatus, which they had also been in the  Varro, de Ling. Lat. v. 155, 156.) Under the emlatter period of the republic.                     perors the senate also met in other places: under
As regards the age at which. a person might be-  Caesar the curia Julia, a building of immense
come a senator, we have no express statement for splendour, was commenced; but subsequently meetthe time of the republic, although it appears to  ings of the senate were not unfrequently held in
have been fixed by some custom or law, as the  the house of a consul.
aetas senatori is frequently mentioned, especially    WVhen in the earliest times the king or the cusduring the latter period of the republic.  But we  tos urbis, after consulting the pleasure of the gods
may by induction discover the probable age.  We  by auspices, had convoked the senate (secztulsm
know that according to the lex annalis of the tribune  edicere, convsocre), he opened the session with the
Villius, the age fixed for the quaestorship was 31. words: " Quod bonum, faustum, felix fortunatum(Orelli, Onorm. Tell. vol. iii. p. 133.)  Now as it que sit populo Romano Quiritibus," and then laid
might happen that a quaestor was made a senator before the assembly (reflrre, s-elatio) what he had
immediately after the expiration of his office, we  to propose.  The president then called upon the
may presume that the earliest age at which a man  members to discuss the matter, and when the discould become a senator was 32.  Augustus at last cussion was over, every member gave his vote.
fixed the senatorial age at 25 (Dion Cass. lii. 20), The majority of votes always decided a question
which appears to have remained unaltered through-  The majority was ascertained either by zulmneratio
out the time of the empire.                        or by discessio, that is, the president either counted
No senator was allowed to carry on any mer- the votes (Fest. s. v. Nunera), or the members
cantile business.  About the commencement of the  who voted on the same side joined together, and
second Punic war, some senators appear to have  thus separated from  those who voted otherwise.
violated this law or custom, and in order to pre- This latter method of voting appears in later times
vent its recurrence a law was passed with the  e- to have been the usual one, and, according to
hemnent opposition of the senate, that none of its  Capito (ap. Gell. xiv. 7), the only legitimate method.
members should be permitted to possess a ship of [SENATUSCONSULTUAr.]
more than 300 amphorae in tonnage, as this was    The subjects laid before the senate partly bethought sufficiently large to convey to Rome the  longed to the internal affairs of the state, partly
produce of their estates abroad. (Liv. xxi. 63.) It to legislation, and partly to finance-; and no meais clear however from  Cicero (c. Verr. v. 18), sure could be brought before the populns without
that this law was frequently violated.             having previously been discussed and prepared by
Regular meetings of the senate (senatus legitz- the senate.  The senate was thus the medium
2ous) took place during the republic, and probably  through which all affairs of the whole government
during the kingly period also, on the calends, nones, had to pass: it considered and discussed whatever
and ides of every month (Cic. ad Q. Frat. ii.  3); measures the king thought proper to introduce,
extraordinary meetings (senatus indictus) might be  and had, on the other hand, a perfect control over
convoked on any other day, with the exception of the assembly of the populus, which could only acthose which were atri, and those on which comitia  cept or reject what the senate brought before it.
were held. (Cic. ad Q. Frat. ii. 2.)  The right of When a king died, the royal dignity, until a succonvoking the senate during the kingly period be-  cessor was elected, was transferred to the decent
longed to the king, or to his vicegerent, the custos  primi (Liv. i. 17), each of whom  in rotation held
srbis. (Dionys. ii. 8; PrAEFECTUS URBI.) This  this dignity for five days.  The candidate for the
right was during the republic transferred to the  royal power was first decided upon by the intercurule magistrates, and at last to the tribunes also. reges, who then proposed him to the whole senate,
Under the empire the consuls, praetors, and tri- and if the senate agreed with the election, the
bunes continued to enjoy the same privilege (Dion  interrex of the day, at the command of the senate,
Cass. lvi. 47, lix. 24; Tacit. Hist. iv. 39), al- proposed the candidate to the comitia and took
though the emperors also had it. (Dion Cass. liii. their votes respecting him. (Dionys. ii. 58, iii. 36,
1, liv. 3.)  If a senator did not appear on a day of iv. 40, 80; comp. Walter, p. 25, n. 28.) The will.
meeting, he was liable to a fine for which a pledge  of the gods was then consulted by the augurs, an d
was taken (pignoris ca7tio) until it was paid. when the gods too sanctioned the election (Liv. i.
(Gellius, xiv. 7; Liv. iii. 28; Cic. dle Leg. iii. 4, 18), a second meeting of the populus was held, in
Philip. i. 5; Plut. Cic. 43.)  Under the empire  which the augurs announced the sanction of the
the penalty for not appearing without sufficient gods.  Hereupon the king was invested with the
reason was increased.  (Dion Cass. liv. 18, lv. 3, powers belonging to his office.
lx. 11.)  Towards the end of the republic it was    Under the republic the right of convoking the
decreed, that during the whole month of February  senate was at first only possessed by the dictators,
the senate should give audience to foreign ambas- praetors or consuls, interreges, and the praefectus
sasdors on all days on which the senate could law- urbi, who also, like the kings of former times, laid




]1020             SENATUS.                                            SENATUS.
before the senate the subjects for deliberation. and such  ambassadors  wvere  gencrally   senators
Tilhe power of the senate was at first the same as  themselves and ten in number.  (Polyb. vi. 13;
under the kings, if not greater: it had the general  Liv. passim.)  The senate alone carried on the ne,
care of the public welfare, the superintendence of gotiations with foreign ambassadors (Polyb. 1. c.
all matters of religion, the management of all af-  Cic. c. Tatinz. 15), and received the complaints of
fairs with foreign nations; it commanded the levies  subject or callied nations, who always regarded the
of troops, regulated the taxes and duties, and had  senate as their common protector.  (Liv. xxix. 16,
in short the supreme control of all the revenue and  xxxix. 3, xlii. 14, xliii. 2; Polyb. 1. c.)  By
expenditure.  The order in which  the senators  virtue of this office of protector it also settled all
spoke and voted was determined by their rank as  disputes which might arise among the municipia
belonging to the majores or minores.  (Cic. de Re  and colonies of Italy (Dionys. ii. 1; Liv. ix. 20
P2tbl. ii. 20; Dionys. vi. 69, vii. 47.)  This dis-  Varro, dce Re Rust. iii. 2; Cic. ad Alt. iv. 15, (de
tinction of rank however appears to have ceased  OfT. i. 10), and punished all heavy crimes cornafter the decemvirate, and even under the decem- mitted in Italy, which might endanger the public
virate we have instances of the senators speaking  peace and security. (Polyb. 1. c.) Even in Rome
without any regular order.  (Dionys. vi. 4, 16, 19, itself the judices to whom the praetor referred im21; Liv. iii. 39, 41.) It is also probable that after portant cases, both public and private, were talcen
the decenimvirate vacancies in the senate were gene- from  among tile senators (Polyb. vi. 17), and in
rally filled with ex-magistrates, which had now  extraordinary cases the senate appointed especial
become more practicable as the number of magis- commissions to investigate them  (Liv. xxxviii. 54,
trates had been increased.  The tribunes of the  xxxix. 14, xl. 37, 44, &c.); but such a commispeople likewise obtained access to the deliberations  sion, if the case in question was a capital offence
of the senate (Liv. iii. 69, vi. 1); but they had no  committed by a citizen, required the sanction of
seats in it yet, but sat before the opened doors of the people.  (Polyb. vi. 16; Liv. xxvi. 33, &c.)
the curia. (Val. Max. ii. 2. ~ 7.)  The senate had  When the republic was in danger the senate might
at first had the right to propose to the comitia the  confer unlimited power upon the magistrates by
candidates for magistracies, but this right was now  the formula, " videant consules, ne quid respublost: the comitia centiuriata had become quite free  lica detrimenti capiat " (Sallust. Cat. 29; Caes.
in regard to elections and were no longer dependent B. C. i. 5, 7), which was equivalent to a deupon the proposal of the senate.  The curies only  claration of martial laiw within the city.  This
still possessed the right to sanction the election; general care for the internal and external welf;lre
but in the year B. c. 299 they were compelled to  of the republic included, as before, the right to dissanction any election of magistrates which the co- pose over the finances requisite for these purposes.
mitia might make, before it took place (Cic. Brut.  Hence all the revenue and expenditure of the re14; Aurel. Vict. de Vie. llzeestr. 33), and this  public were under the direct administration of the
soon after became lawby the lex Maenia. (Orelli, senate, and the censors and quaestors were onlyv
Oonoe. Tull. vol. iii. p. 215.)  When at last the  its ministers or agents.  [CENSOR; QuAESTOR.]
curies no longer assembled for this empty show of  All the expenses necessary for the maintenance of
power, the senate stept into their place, and hence-  the armies required the sanction of the senate, beforth in elections, and soon after also in matters of fore anything could be done, and it might even
legislation the senate had previously to sanction  prevent the triumph of a returning general, by rewhatever the comitia might decide.  (Liv. i. 17.)  fusing to assign the money necessary for it. (Polyb.
After the lex Hortensia a decree of the comitia  vi. 15.)  There are, however, instances of a general
tributa became law even without the sanction of triumphing without the consent of the senate. (Liv.
the senate.  The original state of things had thus  iii. 63, vii. 17, ix. 37.)
gradually become reversed, and the senate had lost    How many members were required to be present
very important branches of its power, which. had  in order to constitute a legal meeting is uncertain,
all been gained by the comnitia tributa. [TPIBUNUS  though it appears that there existed some regulaPLEnIS.]  In its relation to the comitia centu- tions on this point (Liv. xxxviii. 44, xxxix. 4
riata, however, the ancient rules were still in force,  Cic. ad Fanz. viii. 5; Fest s. v. Numera), and
as laws, declarations of war, conclusions of peace, there is one instance on record, in which at Icast
treaties, &c. were brought before them and decided  one hundred senators were required to be present.
by them on the proposal of the senate.  (Walter, (Liv.  xxxix.  18.)   The  presiding  magistrate
p. 132.)                                            opened the business, and as the senators sat in the
The powers of the senate after both orders were  following order,-princeps senatus, consulares, cenplaced upon a perfect equality may be thus briefly  sorii, praetorii, aedilicii, tribunicii, quaestorii, -  it
summed up.  The senate continued to have the  is natural to suppose, that they were asked their
supreme superintenldence in all matters of religion  opinion and voted in the same order.  (Suo loco
(Gellhis, xiv. 7); it determined upon the manner sentenattisma dicere, Cic. Pkilip. v. 17, xiii. 13, &c.,
in which a war was to be conducted, what legions  adcl At. xii. 21.)  Towards the end of the republic
were to be placed at the disposal of a commander, the order ins which the question was put to the
and whether new ones were to be levied; it decreed  senators, appears to have depended upon the disinito what provinces the consuls and praetors were  cretion of the presiding consul (Varro, ap. Gell. xiv.
to be sent [PRo vINCIA], and whose imperiumr was  7), who called upon each member by pronouncing
to be prolonged.  The commissioners who were  his name (nomninzatim, Cic. c. VTerr. iv. 64), but he
generally sent out to settle the administration of a  usually began with the princeps senatus (Cic. Itwo
newly conquered country, were always appointed  Sext. 32), or if consules designati were present.
by the senate. (Liv. xlv. 17; Appian. de Reb. Ilisp.  with them.  (Sallust, Cat. 50; Appian, B. C.
99, de Reb. Pun. 135; Sallust. Jug. 16.)  All ii. 5.)  The consul generally observed all the year
embassies for the conclusion of peace or treaties  round the same order in which he had commenced
with foreign states were sent oult by the senate, on the first of January.  (Suet. Caes. 21.)  A




SENATUS.                                             S1EN. ATUS.                1(121
-senator when called upon to speak might do so at I received the jus relationis. (Dion Cass. lv. 3.) The
full length, and even introduce subjects not directly  mode of conducting the business, and the order-in
connected with the point at issue.  (Cic. de Leg.  which the senators were called upon to vote, reiii. 18; Gellius, iv. 10; Tacit. Annal. ii. 38, xiii. mnained on the whole the same as under the re39;  compare Cic. Philip.  vii.)   It depended  public (Plin. Epist. viii. 14, ix. 13); but when
upon the president which of the opinions expressed mIagistrates were to be elected, the senate, as inl
he would put to the vote, and which he would  former times the comitia, gave their votes in secret
pass over.  (Polyb. xxxiii. 1; Cic. ad _Faol. i. 2, with little tablets.  (Plin. ]Epist. iii. 20, xi. 5.)
x. 12; Caes. B. C. i. 2.)  Those men who were  The transactions of the senate were from the time
not yet real senators, but had only a seat in the  of Caesar registered by clerks appointed for the
senate on account of the office they held, or had  purpose, under the superintendence of a senator.
held, had no right to vote (Gellius, xiii. 8.) When  (Suet. Caes. 20, Auy. 36; Tacit. Annal v. 4, &c.;
a Senatusconsultum was passed, the consuls ordered  Spart. HIadl'ina, 3; Dion Cass. lxxviii. 22.)  In
it to be written down by a clerk in the presence of cases which  required  secrecy  (senatusconsultiloe
solne  senators, especially of those who had been  tacituzn), the  senators  themselves officiated as
most interested in it or most active in bringing it clerks. (Capitol. Goe-d. 20.)
about.  (Polyb. vi. 12; Clc. de Orat. iii. 2, ad    As the Roman emperor concentrated in his own
enfar.. viii. 8.)  [SENAvTUSCONSULaxTUM.]  A meet- person all the powers which had formerly been
img of the senate was not allowed to be held be-  possessed by the several magistrates, and iwithout
fore sunrise or to be prolonged after sunset (Varro,  limitation or responsibility, it is clear that the
up?. Gell. 1. c.): on extraordinary emergencies, how-  senate in its admninistrative powers was dependent
ever, this regulation was set aside. (Dionys, iii. upon the emperor, who might avail himself of its
17; Macrob. ~Sat. i. 4.)                             counsels or not, just as he pleased.  In the reign
During the latter part of the republic the senate  of Tiberius the election of magistrates was transwas degraded in various ways by Sulla, Caesar, ferred from the people to the senate (Vell. Pat. ii.
and others, and on many occasions it was only an  124; Tacit. Anrnal. i. 15; Plin. Epist. iii. 20, vi.
instrument in the hands of the men in power.  In  19), which, however, was enjoined to take especial
this way it became prepared for the despotic go- notice of those candidates who were recommended
vernment of the emperors, when it was altogether  to it by the emperor.  This regulation remained,
the creature and obedient instrument of the. prin- with a short interruption in the reign of Caligula,
ceps.  The emperor himself was generally also  down to the third century, when we find that the
princeps senatus (Dion Cass. liii. 1, lvii. 8, lxxiii. princeps alone exercised the right of appointing
5), and had the power of convoking both ordinary  magistrates.  (Dig. 48. tit. 14. s. 1.)  At the deand extraordinary meetings (Dion Cass. liv. 3; mise of an emperor the senate had the right to
Lex de imperio  Vespas.), although the consuls, appoint his successor, in case no one had been
praetors, and tribunes, continued to have the same  nominated by the emperor himself; but the senate
right. (Tacit. Hist. iv. 39; Dion Cass. lvi. 47, lix. had in very rare cases an opportunity to exercise
241, x. 16, &c.)  The ordinary meetings according  this right, as it was usurped by the soldiers.  The
to a regulation of Augustus were held twice in  aerarium  at first still continued nominally to be
every month.  (Suet. Acug. 35; Dion Cass. lv. 3.)  under the control of the senate (Dion Cass. liii. 16,
A full assembly required the presence of at least 22), but the emperors gradually took it under their
400 members, but Augustus himself afterwards  own exclusive management (Dion Cass. lxxi. 33;
modified this rule according to the difference and  Vopisc. Aurel. 9, 12, 20), and the senate retained
importance of the subjects which might be brought nothing but the administration of the funds of the
nsnder discussion.  (Dion Cass. liv. 35, iv. 3.)  At city (area publica), which were distinct both from
a later period we find that seventy or even fewer  the aerarium  and from  the fiscus (Vopisc. Azelel.
senators constituted an assembly. (Lamprid. Al. 20, 45), and the right of giving its opinion upon
Sevelr. 16.)  The regular president in the assembly  cases connected with the fiscal law.  (Dig. 49. tit.
was a consul, or the emperor himself, if he was  14. s. 15 and 42.)  Its right of coining money
invested with the consulship. (Plin. Epist. ii. 11, was limited  by  Augustus to copper coins, and
Ponegyr. 76.) At extraordinary meetings, the person  ceased altogether in the reign of Gallienus. (Eckwho convoked the senate xwas at the same time its  hel, D. NV. Proleg. c. 13.)  Augustus ordained that
president. The emperor, however, even when he did  no accusations should any longer be brought before
not preside, had by virtue of his office of tribune, the comitia (Dion Cass. lri. 40), and instead of
the right to introduce any subject for discussion, them he raised the senate to a high court of justice,
and to makle the senate decide upon it. (DioI Cass. upon which he conferred the right of taking co,liii. 32; Lex  de imperio Vespas.)   At a later  nizance of capital offences comim-itted by senators
period this right was expressly and in proper form  (Dion Cass. lii. 31, &c.; Suet. Caljq. 2; Tacit.
conferred upon the emperor under the name of jous Annal. xiii. 44; Capitol. 1..7 Antonin. 10), of
eelationis, and accordingly as he obtained the right  crimes againlst the state and the person of the emto introduce three or more subjects, the jus was  perors (Dion Cass. lii. 15, 17, 22, ix. 16, lxxvi.
called jlss lettiie, quzlctae, qitntae, e &C. elcationis.  8; Suet. Aug. 66; Tacit. Annzl. iii. 49, &c.), and
(Vopisc. PI'ob. 12; J. Capitol. Pestin. 5,  l. Az-  of crimes committed by the provincial magistrates
tozisz. 6; Lamllprid. Al. Sev. 1.)  The emperor in-  in the  administration of their provinces.   The
troduced his proposals to the senate in writing  senate might also receive appeals from other courts
(oertio, libellems, epistola princijis), which was read  (Suet. Nero, 17; Tacit. Assnal. xiv. 28; Capitol.
in the senate by one of his quaestors.  (Dion Cass.  A11  Antolnin. 10; Vopisc. Pirob. i 3), whereas, at
liv. 25, lx. 2; Suet. A#y. 65, Tit. 6; Tacit. Assasci. least from the time of Hadrian, there was no apxxi. 27; Dig. 1. tit. 13. s. 1. ~~ 2 and 4.)  [ORA-  peal from  a sentence of the senate. (Dion Ctss.
TIONES PRINCIPUAT.]   The praetors, that they  lix. 1 8; Dig. 49. tit. 2. s. i. ~ 2.)   The princeps
might not be;hferior to the tribunes, likewjse  sometimes referred cases which were not contain-ed




10;22'             SENATUS.                                   SENATUSCONSULTUIM.
in the above categories, or which lie might have  distinction was first procured for the senators by
decided himself, to the senate, or requested its co- Scipio Africanus Major, 194 B.C. (Liv. xxxiv. 54 
operation.  (Suet. (Ilzaud. 14, 15, Nero, 15, Domsit. Cic. pro Chltent. 47.) The same honour was granted
8, &c.)  Respectins the provinces of the senate see  to the senators in the reign of Claudius at the games
I'ROVINCIA.                                         in the circus. (Suet. Claud. 21; Dion Cass. ix. 7.)
When  Constantinople was made the second  4. Onl a certain day in the year a sacrifice was ofcapital of the empire, Constantine instituted also a  fered to Jupiter in the capitol, and on this occasion
second senate in this city (Sozomen, ii. 2; Exceipt. the senators alone had a feast in the capitol; the
de yest. Const. 30), upon which Julian conferred all right was called the jis publice epulandi. (Gellius,
the privileges of the senate of Rome.  (Zosim. iii. xii. 8; Suet. Augg. 35.)  5. The jets liberae legc11; Liban. Orat. ad Tlteodos. ii. p. 383, ed. tionis.  [LEGATUS, sub finet.]               [L. S.]
Morell.)  Both these senates were still sometimes    SENATUSCONSULTUM.  In his enumeraconsulted by the emperors in an oratio upon mat-  tion of the formal parts of the Jus Civile, Cicero inters of legislation (Cod. Theod. 6, tit. 2. s. 14; eludes Senattsconsulta. (Top. 5.) Numlerous Leges
Symmach. Epist. x. 2. 28; Cod. 1. tit. 14. s. 3):  properly so called were enacted in the reign of
the senate of Constantinople retained its share in  Augustus, and Leges, properly so called, were
legislation down to the ninth century. (Nov. Leon. made  even after his time.   [Lax.]   It was
78.)  Each senate also continued to be a high  under Augustus however that the Senatusconcourt of justice to which the emperor referred im- sulta began to take the place of Leges properly
portant crimlilnal cases.  (Anom. Marc. xxviii. 1. so called, a change which is also indicated by the
23; Symmacb. Epiist, iv. 5; Zosim. v. 11, 38.)  fact that until his time the Senatusconsulta were
Capital offences committed by senators, however, not designated either by the names of the Con.
no longer came under their jurisdiction, but either  suls or by any other personal name, so far as we
under that of the governors of provinces, or of have evidence.  But from  that time we find the
the prefects of the two cities.  (Walter, p. 367, Senatusconsulta designated either by the name of
&c.) Civil cases of senators likewise belonged to  the Consuls, as Apronianum, Silanianum, or from
the forum of the praefectus urbi. (Cod. 3. tit. 24. the name of the Caesar, as Claudianum, Neronias. 3; Symmach. Epist. x. 69.)  The senatorial num; or they are designated as made " auctore "
dignity was now obtained by descent (Cod. Theod. or " ex auctoritate Hadriani," &c., or " ad ora6. tit. 2. s. 2; 12. tit. 1. s. 58; Cassiodor. Vatriar. tionem Hadriani," &c.  The name of the Senatusiii. 6), and by having held certain offices at the  consultumn Macedonianumn is an exception, as will
court, or it was granted as an especial favour by  afterwards appear,
the emperor on the proposal of the senate.  (Cod.    Many  Senatusconsultta  were  enacted  in  the
Theod. i. c.; Symmach. ioist. x. 25. 118.)  To  Republican period, and some of them were laws ill
lbe made a senator was indeed one of the greatest the proper sense of the term, though some modern
honours that could be conferred, and was more  writers have denied this position.  But the opivalued than in the times of the republic; but its  nion of those who deny the legislative power of
burdens were very heavy, for not only had the sena-  the Senate during the Republican period is optors to give public games (Symmach. Epist, x. 25.  posed by facts.  An attempt has sometimes been
28t), to smake magnificent presents to the emperors  made to support it by a passage of Tacitus (" tunm
(Cod. Theod. 6. tit. 2. s, 5), and in times of need  primum e campo Comitia ad patres translate stint,"
extraordinary donations to the people (Zosim. v, Ann. i. 15), a passage which only refers to the
41; Symmiach. Ep. vi. 14, 26, vii. 68), but in ad- elections.  It is difficult however to determine how
dition they had to pay a peculiar tax upon their far the legislative power of the Senate extended.
landed property, which weas called fllis' or gleba.  A  recent writer (Walter, Gesclichlte des R6ss/..
(Zosimn. ii. 32; Cod. Theod, 6. tit. 2; Symmaclh.  Recihts, 437, 1st ed.) observes " that the SenatusFpist. iv. 61.)  A senator who had no landed pro- consulta were an important source of law for matperty was taxed at two folles.  (Cod. Theod. 6. ters which  concerned adminlistration, the maisntit. 2. s. 2, 6. tit. 4. s. 21,)  It was therefore only  tenance of Religion, the suspension or repeal of
the wealthiest persons of the empire, no matter to  laws ill the case of urgent public necessity, the
what part of it they belaonged, that could aspire  rights of the Aerarium  and the Publicani, the
to the dignity of senator. A list of them, together treatment of the Italians and the Provincials."
with an account of their property, was laid before  (Liv. xxvi. 34, xxxix. 3, xli. 9.)  The following
the emperor every three months by the prefect of are instances of Senatusconsulta under the Rethe city.  (Symmach. x. 66, &c.)  Down to the  public: a Senatusconsultum  " ne quis in  urbe
time of Justinian the consuls were the presidents  sepeliretur;"  the Senatusconsultum de Bacchanaof the senate, but from  this time the praefectus  libus hereafter more particularly mentioned; a
urbi always presided. (Cod. Theod. 6. tit. 6. s. 1; Senatusconsultum de Libertinorum triba (Liv. xlv.
Nov. Instit. 62.)                                   15); a Senatltsconsultumn de Macedonia (Liv. xlv.
It now remains to mention some of the distinc-  18); a Senatusconsultum  de Sumtibus at the Megations and privileges enjoyed by Roman senators:  lenses ludi (Gell. ii. 24); a Senatusconsultum
]. The tunica with a broad purple stripe (lotus  " ne homo immolaretur" (Plin. I. N. xxx. 1); a
clanvs) in front, which was woven in it, and not as  Senatusconsultum   de  provinciis Quaestoriis;  a
is commonly believed sewed upon it.  (Acron. ad  Senatusconsultum  made M. Tullio Cicerone reIorat. Sat. i. 5. 35; compare i. 6. 28; Quinctil.  ferente to the effect, "ut legationum  liberarums
xi. 3.)  2. A kind of short boot with the letter C  tempus annuum esst; " various Senatusconsulta de
on the front of the foot. (Juv. vii. 1 92; Cic. P/al. collegiis dissolvendis;  an old Senatusconsultum.
xiii. 13.)  This C is generally supposed to msean  " Senatutsconsultum vetus ne liceret Africanas (bescentaltu7, and to refer to the original number of 100  tiac) in Italiam advehere," which was so far re(cenltzuu) senators.  3. The right of sitting in the  pealed by a Plebiscitum proposed by Cn. Aufidius,
orchestra in the theatres and anlphitheatres.  This  Tribunus Plebis, that the importation for the pur
i'rbns     Pei,1a neIprainfrtepr




SENATUSCONSULTUTLM.                                SENATUSCONSULTUM.   1023
pose of the Circenses was made legal (Plin. IH. N.  date and place are also given;  and the names of
viii. 17); an old  Senatusconsultum. by  which  those qui scribendo adfuerunt (SC. ARF. in the
" quaestio (servorum) in caput domini prohibeba-  Inscription). The names of the persons who were
tur " (Tacit. Anns. ii. 30), a rule of law which  witnesses to the drawing up of the SenatusconCicero (prto Milon. 22) refers to Mores as its  sultum were called the " auctoritates," and these
foundation.  From  these instances of Senatuscon-  auctoritates were cited as evidence of the fact of
sulta made in the Republican period we may col- the persons nanmed in them having been present at
lect in a general way the kind of matters to which  the drawing up of the S. C. (4" id quod ilnl auctothis form of legislation applied.  The constitution  ritatibus praescriptis extat," Cic. de Or. iii. 2);
of the Senate was such as to gradually bring  from  which passage, and from  another (Cic. ad
within the sphere of its legislation all matters that  oPart. v. 2; " illud S. C. ea praescriptione est ")
pertained to religion, police, administration, pro- in which Cicero refers to his name being found
vincial matters, and all foreign relations.  And it among the auctoritates of a S. C. as a proof of
seems that the power of the Senate had so far in-  his friendship to the person whom the S. C. concreased at the time of the accession of Augustus  cerned, it is certain that " praescribo"  in its
that it was no great change to make it the only  various forms is the proper reading in these Senalegislating body.  Pomponius (Dig. 1. tit. 2. s. 2), tusconsulta. (Compare the similar rse of Praethough his historical evidence must be received  scriptio in Roman Pleadings [PRAESCRIPTIo].)
with caution, states the matter in a way which  There can be no doubt that certain persons were
is generally consistent with what we otherwise  required to be present "6 scribendo," but others
know  of the progress of Senatorial legislation: might assist if they chose, and a person in this way
" As the plebs found it difficult to assemble, -&c., might testify his regard for another on behalf of
it was a matter of necessity that the administra-  whom or with reference to whom  the S. C. was
tion of the State came to the Senate: thus the  made. (" Cato autemr  et scribendo adfuit," &c.
Senate began to act, and whatever the Senate had  Cic. ad Att. vii. 1.)  Besides the phrase "scridetermined (cossstituisset) was observed (observa- bendo adesse," there are "esse ad scribendtum"
batur), and a law so made is called Senatuscon-  (Cic. ad Aft. i. 19), and c" poni ad scribendum "
sultum."                                           (as to which see the curious passage in Cicero, ad
A Senatusconsultum  was so named because the  Farn. ix. 15).  When a S. C. was made on the
Cansul (qui retulit) was said" Senatum consulere:"  motion of a person, it was said to be made " in
" Marcivs L. F. S. Postvmivs L. F. Cos Senatvm  sententiam ejus."  If the S. C was carried, it was
Consolvervnt."  (Senatusconsultum  de IBacchana-  written on tablets and placed in the Aerarium: the
libus.) In the Senatusconsultum De Philosophis et S. C. de Bacchanalibus provides that it shall be
De Rhetoribus (Gell. xv. 11), the Praetor " con- cut on a bronze tablet, but this was for the pursuluit."  In the enacting part of a Lex the Populus  pose of its being put up in a public place where it
wvas said "jubere," and in a Plebiscitum "scire:"  could be read (vbeifyciliveaed gnoscier potisit).
ill a Senatusconsultum the Senate was said " cen-    The Senatusconsulta were originally intrusted
selre:" " De Bacchanalibyvs, &e., ita exdeicendvm  to the care of the tribunes and the aediles, but in
censvere." (S. C. de Bacch.)  In the Senatuscon-  the time of Augustus the quaestors had the care of
sulta of the time of Augustus cited by FrontinIus  them.  (Dion Cass. lv. 36, and the note of Rei(de Aqzaeductibus Romae, ii.), the phrase which  marus.)  Under the later emperors the Senatusfollows " censuere " is sometimes " placere huic  consulta " quae ad principes pertinebant," were
ordini."  In Tacitus the verb " censere" is also  preserved  in  " libri elephantini."  (Vopiscus,
applied to the person who made the motion for a  Tacitees, c. 8.)
Senatusconsultum.  (Ann. iv. 20.)   Sometimes    A measure which was proposed as a Senatusconthe term " arbitrari" is used (Dig. 16. tit. 1. s. 2); sultum  might be stopped by the Intercessio of the
and Gaius (i. 4), writing under the Antonines ap- Tribunes, and provision was sometimes made for
plies to the Senatus the terms which originally  further proceeding in such case: " si quis huic
denoted the legislative power of the Populus:  senatusconsulto intercesserit senatui placere aucto" Senatus jubet atque constituit; idque legis vicem  ritatem  perscribi (praescribi) et de ea re ad sena.
optinet, quamvis fuit quaesitum,"  "i Habere sena- tum populumque referri."  (Cic. ad Famn. viii. 8.)
tum " is to hold a meeting. of the senate.  When  This explains one meaning of Senatus auctoritas,
Cn. Pompeius was elected consul for the first time, which is a Senatusconsultum  which has been prohis friend M. Varro wrote for his use a treatise  posed and not carried, and of which a record was
" de Senatu habendo consulendoque." A Senattus-  kept with the " auctoritates eorum  qui scribendo
consultumn made before the rising or after the set-  adfuerunt."  In one passage Cicero calls a S. C.
ting of the sun was not valid.  (Gellius, xiv. 7.)    which had failed owing to an Intercessio, an AucThe mode in which the legislation of the Senate  toritas (ad Fam7. i. 7). One meaning of Auctoritas
was conducted in the Imperial period is explained  in fact is a S. C. proposed, but not yet carried 
in the article ORATIONES PRINCIPUM.                and this agrees with Livy (iv. 57): "Si quis inCertain forms were observed in drawing up a  tercedat Sto, auctoritate se fore contentum."  If
Senatusconsultnm, of which there is an example in  Senatus auctoritas occasionally appears to be used
Cicero (ad Faslz. viii. 8): "S. C. Auctoritates  as equivalent to Senatusconsultum, it is an im(for this is the right reading) Pridie. Kal. Octob. proper use of the word, but one which presents no
in Aede Apollinis, scribendo adfuerunt L. Domi-  difficulty if we consider that the names which dctius Cn. Filius Ahenobarbus, &c. Quod M. Marcel-  note a thing in its two stages are apt to be conlus Consul V. F. (verba -fIcit) de prov. Cons. D. E. founded in popular language, as with us the words
R. I. C. (de ea 1e itca censuzeruznt Uti, dc.)." The pre-  Bill and Act.  In its general and original sense
amble of the Senatusconsultum de Bacchanalibus  Senatus Auctoritas is any measure to which a
is similar, but the names of the consuls come at the  majority of the Senate has assented.  (See the
beeinnilng  and the word is " consolvervnt:"  the  note of P. Manuitius on Cic. ald [rsms. v.,o)




1 024   SNATUSCONSULTUM.                                     SENATUSONSULTU.  SETUCONSULTU.
The proper enacting word in tile Senatuseconsuita  sidered as Universitates, to be appointed heredes
is "censeo," but the word "' decerno " was also  by their liberti or libertae.  Ulpianl speaks of this
sed in ordinary language to express the enacting  Senatusconsultum  in the passage referred to, imof a Senatusconsultum. (Cic. ad Famr. viii. 8; Sen- imediately before he speaks of that Senatuscon-!its decrevit ut &'c. ad Alt. i. 19.)  But a Senatus- sultum  which we know to be the Apronianum,
consultnm, which was a law in the proper sense of and  it appears probable  that the two Senatusthe term, is not called a Decretum, which was a  consulta were the same, for their objects were
rule made by the Senate as to some matter which  similar and they are mentioned together without
was strictly within its competence.  The words any indication of their being different.  This last
Decretunm  and Senatusconsultnum  are often used  mentioned provision  is also  mentioned in the
indiscriminately and with little precision. (Gell. ii. Digest (38. tit. 3) as being contained in a Sena24.) (See Aelius Gallus, apzud Festeum, s. v. Senatus tusconsultumn which was posterior to the TrebelliDecretumn, and DEcRETUsI.)                        anum, but the name is not given in the Digest.
The forms of the Senatusconsulta are the best Under this provision a Municipium could obtain
evidence of their character.  The following are  the Bonorum Possessio.  Bachius (FTistoria Jursissome of the principal S-natusconsulta which are  prudentie Ronszane) assigns this Senatusconsultuin
preserved: the Senatnsconsultum  de Tiburtibnus, to the reign of Trajan.  But it appears to belong
printed by Gruter and others, which is " inn- to the time of Hadrian, and to be the same S. C.
doubtedly the oldest of all Roman documents "  wlhich allowed Civitates to take a legacy. (Ulp.
(Niebuhr, Roms. Ilist. vol. iii. p. 264, note 66); Frag. tit. 24.)
the  Senatusconsultum  de  Bacchanalibus; the    ARTICUJLEIANUAI gave the Praeses of a Province
Senatusconsultum ii the Letter of Cicero already  jurisdiction in the case of fideicominissa libertas,
referred to; Cic. P/il.z). v. 13; Gellius, xv. 11; even when the heres did not belong to the Prothe six Senatusconsulta about the Roman Aque- vince.  The heres could be compelled to give the
ducts in the second book of Frontinns de Aquae- libertas which was the subject of the fideicommisductibus; the Senatusconsultum about the Aphro- sumn.  (MANusIrssIn; Dig. 40. tit. 5. s. 44, 51.)
disienses (Tacit. A-in. iii. 62; Tacit. Oberlin. ii. This Senatusconsultum. was enacted A. D. 101, in
1135); the oration of Claudins (Tacit. Ann. xi. 24; which year Sex. Articuleius Paetus was consul.
Tacit. Oberlin. ii. 806); the various Senatuscon-    DE BACCHANALIBUs.  This Senatusconsultulm.
sulta preserved in the Digest, which are mentioned  which is sometimes called Marcianum, was passed
in a subsequent part of this article.  See also the  in the year a. c. 1116.  The terms of it are stated
Senatusconsultum printed in Sigonius, "De Antiquo  generally by Livy (xxxix. 18), and may be comJure Provinciarum," i. 288; and the Sctumn by  pared with the original Senatusconsultum which is
which the name Aiugustus was given to the month  printed in the edition of Livy by Drakenborch, and
Sextilis. (Macrob. &tscsrzsal. i. 12.)            in that by J. Clericus, Amsterdam, 1710.  There
The following list of Senatusconsulta contains  is a dissertation  on this Senatusconsultumn  by
perhaps all of them  which are distinguished  by  Bylnkershoek (De CultZu Relicgionis Persegicnae ai7ed
the name of aI consul or other distinctive name.  Veteres Rozanzos, Op. i. 412), who has printed the
Numerous Sensatusconsulta under the Empire are  Senatusconsultum and commented lipon it at some
referred to in the Latin writers, for which we find  length.  The provisions of this Senatusconsultum
no distinctive name, though it is probable that all are stated generally tinder DIONYSIA, p. 414, b.
of them ]ad a title like the Leges, but many of There is no ancient authority, as it appears, for the
them being of little importance were not much re- name Marcianlum, which has been given to it from
ferred to or cited, and thus their names were for- the name of one of thle Consuls who proposed it,
gotten.  Tacitus, for instanIce, often speaks of S. C. and in accordance with the usual titles of S. C. in
withoust giving their names, and in some cases we  the Imperial period.  This Sctum n was found in
are able to affix thei titles from  other authorities. A. D. 1640, in a village in Calabria, and is said to
Many of the Imperial Senatiusconseulta were merely  be now  at Vienna.  (Senatusconsulti De Bacamendments of Leges; but they were laws in the  chanalibus, &c. Explicatio, auctore Matthaeo Aeproper sense of the word.                         gyptio, Neapol. 1729.)
Some of the Senatusconsulta of the Republican    CALVITIANUIs. (Ulpian, Frog. tit. xvi.; JUtlIA
period were laws, as already observed, but others  ETr PAPIA POPPAEA LEX, p. 692, b.)
wvere only determinations of thle Senate, wvhich    CLAUDIANUM passed in the time of the Emperor
became Leges by being carried in the comitis. Claudius, reduced a free woman to the condition of
Such S. C. were really only auctoritates.  Onue a slave (ancilla) if she cohabited with the slave of
instance of this kindl occurred on the occasion of another person, after the master had given lier nothe trial of Clodius for violating the mysteries of tice that he would not permit it.  But if a woman,
the 13ona Dea.  A rogatio on the subject of the  who was a Roman citizen, cohabited with a slave
t!ial wvas proposed to the Comitia ex Senatuscon- with the consent of the slave's master, she mligllt
stIlto (Cic. ad Aft. i. 14); which is also spoken of by agreement with the master remain free and yet
as the Asuctoritas of the Senate, and as " quod ab  iany child born from this cohabitation would be at
Senatu Constitutum " (the words of Gaius, i. 4).   slave; for the Senatusconsultumn made valid any
APIRONIANUM, probably enacted in the time of agreement between the free woman and the slave's
H-adrian, empowvered  all Civitaltes which were  master, and bv such agreement the wonman was re-withsin the Roman Imperiume to take a fideicom- lieved from  the penalty of the Senauttusconsultum.
missa  hereditas.  This Senatusconmsltum is cited  But Hadrian, being moved thereto by a considers.
l)y Ulpian (Frmag. tit. 22) without thle name, but tion of the hardship of the rase and the incongruity
it appears from comparing Ulpian with the Digest of this rule of law (inelegasmtia jaris), restored the
(36. tit. ]. s. 26) to be the Senatusconsultumn  old rule of the Jus Gentium, according to which
Aproniamuln.  A  Senatusconsultunm also allowed  the womnan continuing free was the mother of a
Civitates or Municipia, which were legally con- free child.




SENATUSCONSULTUM.                                 SENATUSCONSULTUM.   1025
A  difficulty arose on the interpretation of this  not comprehend a case of cohabitation when there
Senatusconsultun for which the words of the law  was no compact.  B:sides this if a free woman
had not provided. If a woman, who was a Roman  cohabited with a man's slave either without the
citizen, was with  child, and became an ancilla  knowledge of the master or with his knowledgre
pursruant to the Senatusconsultum in consequence  but without the " denmntiatio," it seems that this
of cohabiting with a slave contrary to the master's  was considered as if the woman simply indulged in
wish, the condition of the child was a disputed  promiscuous intercourse (vulgo concePit), and the
matter: some contended that if the woman had  mother being free, the child also was free by the
become pregnant in a legal marriage, the child was  Jus  Geintimn till the Lex attempted to restrain
a Roman citizen, but if she had become pregnant such intercourse by working on the parental affecby illicit cohabitation, the child was the property  tions of the mother, and the Senatusconsultum by
of the person who had become the master of the  a direct penalty on herself.  There was a "juris
mother.  [SERvus  (ROMAN).]                        inelegantia" in, a free woman giving birth to a
There is an apparent ambigurity in a passage of slave, but this was not regarded by Hadrian, who
Gaius (i. 86) in which he says, " but that rule  was struck by the inelegantia of a woman by comof the same Lex is still in force, by which the issue  pact being able to evade the penalty of the Senaof a free woman and another man's slave is a slave, tusconsultum while her child was still subject to
if the mother knew that the man with whom  she- the penalty of the Lex.
cohabited, was a slave."  The Lex of which he    This Senatlusconsultum was passed A. D. 52, and
speaks, is the Lex Aelia Sentia.  The exception  is mentioned by Tacitus, but the terms in which
in the Senatusconsultum of Claudius applied to the  he expresses himself do not contain the true meancase of a compact between ai free woman and the  ing of the Senatusconsultum, and in one respect,
master of the slave, which compact implies that  " sin consensisset dominus, pro libertis haberentur,"
the woman must know the condition of the slave, they differ materially from the text of Gains, unless
and therefore according to the terms of the Lex  the reading "Clibertis" should be "liberis." (See
the issue would be slaves.  But Gaius says (i. 84)  the notes on Tacitus,Azn. xii. 53,ed. Oberlin.) It apthat under this Senatusconsultum the woman might pears however from a passage in Paulus (S. R. iv.
by agreement continue free and yet give birth to a  tit. 10), that a woman, in some cases which are not
slave; for the Senateesconsultum  gave validity to  mentioned by him, was reduced to the condition of
the compact between the woman and the master of a liberta by the Senatusconsultum.; a circumstance
the slave.  At first sight it appears as if the  which confirms the accuracy of the text of Tacitus,
Senatusconsultunm produced exactly the same effect but also shows how very imperfectly he has stated
as the Lex with respect to the condition of the  the Seliatusconsultum.  Suetonius (Vesp. 11) atchild.  But this is explained by referring to the  tributes the Senatusconsultum  to the reign of Veschief provision of the  Senatusconsultum, which  pasian, and expresses its effect in terms still more
nas that cohabitation with a slave " invito et de-  general and ilicorrect than those of Tacitus.  Such
nuntialnte domino" reduced the woman to a servile  instances  show  how  little we can rely on the
condition, and it was a legal consequence of this  Roman  historians for exact information  as to
change of condition that the issue of her cohabita-  legislation.
tion must be a slave.  The Lex Aelia Sentia had      It appears from  Paulus that the provisions of
already declared the condition of children born of this Senatusconsultum  are stated very imperfectly
the unionl of a free woman and a slave to be ser- even by Gains, and that they applied to a great
vile.  The Sen;ltusconsultum added to the penalty  number of cases of cohabitation between free woof the Lex by mlsaking  the' mother a slave also, un- men, whether Ingenuae or Libertinae, and slaves.
less she cohabited with the consent of the master,    This Senatuseonseultsum was entirely repealed by
anid thus resulted  that "inelegantia juris" by  a Constitution of Justinian.  Some writers refer
which a free mother could escape the penalty of the words " ea lege" (Gaius, i. 85) to the Senatusthe Senatusconsultum  by her agreement and yet consultum Claudianum, and they must consequently
her child must be a slave pursuant to the Lex. refer the words "ejusdemn legis" (Gaius, i. 86) also
Hadrian removed this inelegantia by declaring that to this Senatusconsultum; but the word " lex " in
if the mother notwithstanding the cohabitation es- neither case appears to refer to the: Senatusconsulcaped from  the penalties of the Senatusconsultum  turn, but to the Lex Aelia Sentia.
by virtue of her compact, the child also should    (Gains, i. 84, 86, 91, 160; Ulp. Iasg. tit. xi.;
have the benefit of the agreement.  The Sensatus-  Cod. 7. tit. 24; Paulus, S. R. ii. tit. 21.)
consultum  osnly reduced the cohabiting woman to    There were several other Senatuseonsulta Claua servile state when she cohabited with a man's  diaona of which there is a short notice in Jo. Auslave'" invito et denuutiallte dorino:" if she co- gusti Bachii Histo ia Jurisprudentiae Romatlae.
habited with  him, knowing him  to be a slave,    DASUMIANUv,   passed in the reign of Trajan,
without the knowledge of the master, there could  related to Fideicommiss a libertas. (Dig. 40. tit. 5.
be rlo denentiartio, and this case, it appears, was  s. 51.) See Rudorff, Zeitsc/zrft, &c. vol. xii. p. 307,
not affected by the Senatusconsultum, for Gains  Dos Tcstament des Dasumiuss
observes, as above stated (i. 86), that the Lex had    HADRIANI SENATUSCONSULTA.  Nunmerous sestill effect and the offspring of such cohabitation  natustonssulta were passed in the reign of Hadrian,
vwas a slave.  The fact of this clause of the Lex  but there does not appear to be any which is called
rerlnainig in force after the enacting of the Sena-  Hadrianum.  Many Senatusconsulta of this reign
tiesconlsultum, appears to be an instance of the  are referred to by Gains as " Senatusconsulta aucstrict interpretation which the Roman Jurists ap- tore Hadriano facta," i. 47, &c., of which there is
plied to positive enactments; for the Senatuscon-  a list in the Index to Gaius.  The Senatusconsulta
sultirn of Hadrian as stated by Gaius only applied  made in the reign of Hadrian are enumerated by
toi the case of a contract between  the master's  Bachius, and some of them are noticed here under
slave and the woman, and therefore its terms did  their proper designations.
3 




1:026   SENATUSCONSULTUM.                                    SEN ATUSCONSULT UM.
JUNCIANUrM, passed in the reign of Comnmodus,  derelt " (Tacit. A nn. xiii. 32): " Ut occisa uxcre
related to Fideicommissa Libertas. (Dig. 40. tit. 5. etiam de familia viri quaestio habeatur, idemque ut
s. 28, 51.)  This Senatusconsultum is preserved in  juxta uxoris familiam  observetur, si vir dicatur
one of the passages of the Digest referred to.     occisus " (Paulus, S. R. iii. tit. 5, who gives in
JUNIANUM, passed in the time of Domitian, in  substance also the provision mentioned by Tacitus,
the tenth consulship of Domitian, and in the con-  but adds: " Sed et hi torquentur, qui cum occiso
sulship of Ap. Junius Sabilus, A. D. 84, had for its  in itinere fuerunt "): ", Ut, si poenae obnoxius
object to prevent collusion between a master and  servus venisset, quandoque in eum animadversum
his slave, by which the slave should be made to  esset, venditor pretium praestaret."' (Dig. 29. tit. 5.
appear to be as a free man.  The person who dis-  s. 8.)
covered the collusion obtained the slave as his pro-    ORPHIITIANUM enacted in the time of M. Anreperty. (Dig. 40. tit. 16.)                         lilus (Capitol. in vita, 11) that the legitima hereditas
JUVENTIANUM  is the name given by modern  of a mother who had not been in manu, might
jurists to the Senatusconsultum, which is preserved  come to her sons to the exclusion of the consanin the Digest (5. tit. 3. s. 20. ~ 6).  The Senatus-  guinei and other agnati.  The name Orphitianilll
consultum is placed under the title "De Htereditatis  is supplied by Paulus (S. R. iv. tit. 10), and the
Petitione."                                        Digest (38. tit. 17); the enactment was made in
LARGIANUM, passed in the first year of the Em-  the consulship of V. Rufus (and C. Orphitus. (Inst.
peror Claudius, A. D. 42, gave to the children of a  3. tit. 4.)
Manumissor, if they were not exheredated by name,    Paulus (iv. tit. 14) speaks of rules relating to
a right to the bona of Latini in preference to Ex-  manumission being included in a Senatusconsultumn
tranei heredes. (PATRONUS; Gaius, iii. 63-71;  Orphitianum. [HERES.]  This Senatulscon)sultlln
Inst. 9. tit. 7. s. 4; Cod. 7. tit. 6.)            was made in the joint reign of M. Aurelius and
LIBONIANUAI, passed in the reign of Tiberius, in  Commodus.  (Impp. Anton. et Commodi oratione
the consulship of T. Statilius Taurus and L. Scribo-  in senatu recitata, Ulp. Fretag. tit. xxvi.) See ORAnius Libo, A. D. 16, contained various provisions, TIONES PRINCIPUM.
one of which was to the effect that if a man wrote    PEGASIANIJM was enacted in the reign of Vespaa will for another, every thing which he wrote in  sian, Pegasus and Pulsio being Consules ( Suffecti?)
his own favour was void: accordingly he could not  in the year'of the enactment.  (Inst. ii. tit. 23 
make himself a tutor (Dig. 26. tit. 2. s. 29), ntor  Gains, ii. 254, &c)  The provisions of this Senaheres orlegatarius (Dig. 34. tit. 8).  This Senataus- tusconsulltum  are stated under FInEICOcaMIsSa
consultum  contained other provisions, and it ap- and LEGATUM. This Senatusconsultum, or another
pears to have been an extension of the Lex Cornelia  of the same name, modified a provision of the Lex
de Falsis. [FALSUM.]  See also Coll. Leg. 3i. &   Aelia Sentia as to a Latinus becoming a Romanus.
R. viii. 7.                                        (Gaius, i. 31.)
MACEDONIANUM, enacted A. n. 46, provided           PERSICIANUM, which may be the correct form
that any loan of money to a filiusfamilias coil d not instead of Pernicianum, was enacted in the time of
be recovered even after the death of the father. Tiberius A. D. 34, and was an amendment of the
The Senatusconsultuin took its name fitm Macedo,  Lex Julia et Papia Poppaea.  (Compare LEx
a notorious usurer, as appears from the terms of JULIA  ET  PAP. POP.; Ulp. Fscg. tit. xvi.;
The Senatusconsultnm  which is preserved (Dig.  Sueton. Claud. 23.)
14. tit. 6).  Theophilus (Paroap7lh. Inst.) states in-    PISONIANUa.  [NERONIANUaso.]
correctly that the Senatusconsultum took its name    PLANCIANUM, Of uncertain date, is by some
from a filiusfamilias.  The provision of the Senatus-  writers assigned to the time of Vespasian.  The
consultum  is cited by Tacitus (Ann. xi. 13), but Lex Julia Papia et Poppaea apparently contained
in such terms as might lead to ambiguity in the  a provision by which a fideicommissum was forfeited
interpretation of the law.  Suetonius (Vesp. 11)  to the Fiscus, if -a heres or legatarius engaged
attributes this Senatusconsultutl  to the time of himself by a Written instrument or any other secret
Vespasian; but he states its provisions in less  mode to pay or give the fideicommissumn to a person
ambiguous terms than Tacitus.                      who was legally  incapable of taking it.  (Dig. 30.
MEM.MIANUM. This name is sometimes given to  s. 103; 34. tit. 9. s. 10, 18; 49. tit. 14. s. 3.)
the Senatusconsultum, passed in the time of Nero,  Such a Fideicommlssum was called Tacitum, and
the terms of which are preserved by Tacitus (Ann.  when made in the way described was said to be
xv. 19): "ne sirnulata adoptio in ulla parte mrune-  "in fraudem legis," designed to evade the law. If
ris publici juvaret, ac ne usurplandis qulidem here-  it was made openly (palm)-, this was no frias,
ditatibus prodesset."  The object of this Senatus-  and though the fideicommissum might be invalid
consultum was to prevent the evasion of the Lex  on account of the incapacity of the fideicommisJulia et Papia Poppaea.  it is sometimes referred  sarius to take, the penalty of the lex did not appl-.
to the consulbship of C. Memmius Regulis and V;ir-  It does not appear certain whether this pravisions
ginius Rufus A. I). 63, but it appears to belong to  as to the confiscation was contained in the original
the preceding year.  See Dig. 31. s. 51, and 53.  Lex or added by some subsequent Senatusconsultit. 1. s. 76.                                     tum.  However this may be, the fiduciarius still
NERONIANUM   de Legatis, the provisions  of retailned his Quarta. But a Senatnlsconsultum menwhich are stated in the article LEGATUM. (Gaius,  tioned by Ulpian (Fs'ag. tit.xxv. s, 17) enacted that
ii. 157, 198, 212, 218, 2:20; Ujlp. orag. xxiv.)   if a man undertook to perform a tacitum fideicoinNERONIANUM, also Called PISONIANUiI, from  miissumn, he lost the Quadrans or Quarta [FtDEIbeing enacted in the.consilship of Nero and L.  COMmISSUm], nor  could  he  claim  what was
Calpurnius Piso, A. D. 57.  It contained various  Caducum under the Testamenta, which as a general
provisions: " Ut si qoais:a suis servis interfectus  rule he could claim if he had children. [LEGATUM;
esfset, ii quoque, qui testamento manumissi sub  BONA CAnDUCA.]  This Senatusconsultum, it ap(e:deml tecto mansissent, inter servos supplicia pen-  pears from  an extract in the Digest (35. tit. 2.




SENATUSCONSULTUM.                                 SENATUSCONSULTUM.   1027
s. 39), was the Plancianum, or Plautianum, for  would refer it to the time of Antoninus Plus.
the reading is doubtful; and in this passage it is  This Senatusconsultum empowered a mother, whe.
stated that the Fourth, which the Fiduciarius was  ther Ingenua or Libertina, to take the Legitima
not allowed to retain, was claimed for the Fiscus  hereditas of an intestate son; the Ingenuna, if she
by a Rescript of Antoninus Pius.  The penalty for'was or had been the mother of three children; the
the fraud only applied to that part of the property  Libertina, if she was or had been the mother of
to which the fraud extended, and if the heres was  four children.  They could also take, though they
bleres in a larger share of the hereditas than the  neither were nor had been mothers, if they had
share to which the fraus extended, he had the  obtained the Jus Liberorum  by Imperial favour.
benefit of the Falcidia for that part to which the  Several persons however took precedence of the
fraus did not extend, which is thus expressed by  mother; the sni heredes of the son, those who
Papinian  (Dig. 34. tit. 9. s. 11), "sed si major  were  ealled to the Bonorum  Possessio as sui
modus institutionis quam fraudis fuerit quod ad  heredes, the father, and the frater consanguineus.
Falcidiam attinet, de superfluo quarta retinebitur."  If there was a soror consanguinea, she shared with
The history of legislation on the subject of Tacita  her mother.  The Senatusconsultum  Orphitianum
fideicommissa is not altogether free from  some  gave the children a claim to the hereditas of the
doubt.                                            mother.        I
PIAUTIANUM.  [PLANCIANosUe.]                      (Ulp. Frctg. tit. xxvi.; Paulus, S. R. iv. tit. 9;
RUBRI.ANua, enacted in the time of Traian, in  Dig. 38. tit. 17.)
the consulship of Rnbrits Gallus and Q. Coelius    TREBELLIANUM, enacted in the time of Nero
Hispo (probably consules suffecti) A. D. 101, related  in the consulship of L. Annaens Seneca and Treto fideicommissa libertas.  Its terms are given in  bellius Maximus A. D. 62, related to Fideicommisthe Digest (40. tit. 5. s. 26): " Si hi a quibus Ii- sae hereditates.
bertatem praestari oportet evocati a Praetore adesse    (FIDEICOaMMISSUM; Gaius, ii. 251, 253; Dig.
noluissent, Si causa cognita Praetor pronuntiasset 36. tit. 1; Paulus, S. R. iv. tit. 2.)
libertatem  his deberi, eodem  jure statum  servari    TURPILIANUM, enacted in the time of Nero in
ac si directo manumissi essent."  Compare Plin. the consulship of Caesonius Paetus and Petronius
Ep. iv. 9, ad Ursuis with the passage in the  Turpillus A. D. 61, was against praevaricatio or the
Digest.                                           collusive desisting  from  prosecuting a criminal
SABINeANUAv, of uncertain date, but apparently  charge.   The occasion of this Senatusconsultum
after the time of Antoninus Pius.  It related to  and the terms of it are stated by Tacitus (Ann.
the rights of one of three brothers who had been  xiv. 14): "qui talem  operam  emptitasset, vendiadopted, to a portion of the hereditas contra tabulas  dissetve, perinde poena teneretur ac publico judicio
testamnenti. (Cod. 8. tit. 48. s. 10; Inst. 3. tit. 1.)  calumniae condemnaretur."  The definition of a
SILANIANNUM, probably passed in the time of praevaricator is given in the Digest (48. tit. 16. s.
Augustus in the consulship of P. Cornelius Dola-  1. Ad Seaetusconsultum Telpilianumz).
bella and C. Junius Silanus A. D. 10, contained    VELLEIANTJM rendered void all intercessiones by
various enactments.  It gave freedom  to a slave  women, whether they were on behalf of males or
who discovered the murderer of his master.  If females.  This Senatusconsultum  was enacted in
a master was murdered, all the slaves who were  the consulship of Marcus Silanus and Velleius
under the roof at the time, if the murder was comn- Tutor, as appears from the preamble of the Senaneitted under a roof, or who were with him in any  tusconsultum (Dig. 16. tit. 1), and it appears most
place at the timne of the murder, were put to the  probably to have been passed in the reign of Claudius
torture, and, if they had not done their best to  from  the words of Ulpian in his comment upon
defend him, were put to death.  Tacitos (Ann. it.  The name of VeFleius Tutor does not occur in
xiv. 42) refers to this provision of the Senatuscon-  the Fasti Consulartes, and he may be a consul sufsultum, and he uses the phrase' vetere ex more."  fectus.  The name of M/. Silanus occurs as consul
Lipsius (note on this passage) refers to Cicero  in the reign of CIaudins, and the colleague of
(cad oam. iv. 12).  Servi Impuberes were ex- Valerius Asiaticus, A. D. 46. (Dion Cass. Ix. 27.)
cepted from this provision of the Senatusconsultum.  [INTERCESSIO.]  In the year A. D. 19, according
(Dig. 29. tit. 5. s. 14.)  The heres who took pos- to the Fasti a M. Sihanus was also consul; his
session of the hereditas of a murdered person be- colleague according to the Fasti was L. Norbanus
fore the proper inquiry was made, forfeited the  Balbus, and this agrees with Tacitus (Annt. ii. 59).
hereditas, which fell to the Fiscus: the rule was    VITRASIANUXIr is assigned to the reign of Vesthe same whether being heres ex testamento he  pasian, but the time is very uncertain.  It reopened the will (tclbuhte estaozenti) before the in- lated to Fideicomnmissa Libertas.  (Dig. 40. tit. 5.
quiry was made, or whether being heres ab intes- s. 30.)
tato, he took possession of the hereditas (adiit he-    VOLUvsANtJt;, enacted in the reign of Nero in
9reditatem) or obtained the Bonorum Possessio; he  the consulship of Q. Volusius Saturninus and P.
weas also subjected to a heavy pecuniary penalty. Cornelius Scipio, A. D. 56.  It contained a proviA  Senatusconsultitur  passed in the consulship of sion against pulling down a domus or villa for the
Taurus and Lepidus  A. D. 1i, enacted that the  sake of profit; but the object of this law seems
penalty for opening the will of a murdered person  rather obscure: it is referred to, without the name
could not be inflicted after five years, except it was being given, in the Digest (I8. tit. 1. s. 52. Senates
a case of parricide to which this temporis praescrip- censuit, &c.).  Tacitus (AnZns. xiii. 28) mentions a
tio did not apply.  (Pauslus, S. R. iii. tit. 5; Dig. Senatusconsultum in this consulship which limited
29. tit. 5; Cod. 6. tit. 35.)                     the power of the Aediles: "quantum  curules,
TERTuLLTANuM  is stated in the Institutes of quantum plebeii pignoris caperent, vrel poenae irroJustinian (3. tit. 3) to have been enacted in the  garent."  A Senatusconsultum Volusianum  (if the
tine of Hadrian, in the consulship of Tertullus and  name is right) enacted that persons should be Iialble
Sacerdos; but some critics, notwithstanding this, to the penalties of the Lex Julia de vi pri-vata,
3u 2




1028              SERICUM.                                             SERICUM.
who joined in the suit of another person with the  thin fleece found on trees. (Virg. Geo7g. ii. 121;
bargain  that they  should share whatever was; Petron. 119;Seneca, Hipjol. 386; Festus Avieacquired by the condemnatio.  (Dig. 48. tit. 7. nus, 935; Sil. Ital. Pan. vi. 4, xiv. 664, xvii.
s. 6.)                                  [G. L.]    596.)   An  author, nearly  contemporary  with
SENTIORES.  [COMITIA, p. 333.]                   those of the Augustan age already quoted (DioSEPTA.  [CoMITrA, p. 336, b.]                    nysius Periegetes, 755), celebrates not only the
SEPTEMVIRI EPULO'NES. [EePULONES.]  extreme fineness aand the high value, biut also the'SEPTTMATRUS.  [QUINQUATRUS.]                    flowered texture of these productions.  The cirSEPTIMO'NTIUM, a Roman festival which,cumstances now stated sufficiently account for the
was held in the month of Decemnber.  It lasted  fact, tlhat after the Augustan age we find no
only for one day (dies Septimontium, dies Septimnon-  further mention of Coan, but only of Seric webs.
tialis).  According to Festus (s. v. Septimontium7),  The rage for the latter increased more and more.
the festival was the same as the Agonalia; but Even men aspired to be adorned with silk, and
Scaliger in his note on this passage has shown'hence the senate early in the reign of Tiberius
from Varro (de Ling. Lat. vi. 24) and from Ter- enacted " Ne vestis Serica viros foedaret.1" (Tac.
tullian  (de Idolol. 10), that the  Septimontium  Ann. ii. 33; Dion Cass. lvii. 15; Suidas, s. v.
must have been held on one of the last days of TiLdpros.)
December, whereas the Agonalia took place on the    In  the succeeding reigns, we find the most
tenth'of this month. The-day of the-Septimontium   vigorous measures adopted  by those  emperors
was a dies feriatus for the montani, or the inhabit- who were characterized by severity of' manners,
ants of the seven ancient hills or rather districts of to restrict the use of silk, whilst CaliguIa and
Rome, who offered on this day sacrifices to the  others, notorious for luxury and excess, not only
gods in their respective districts.  These sacra  encouraged it in the female sex, but delighted to
(sacra proo n2oltibus, Fest. s. v. Publica sacra) were, display i iin ptublic on theior own persons. (Suet.
like the paganalia, not sacra publica, but privata. Casliq. 52; Dion Cass. lix. 12; see'also Joseph.'
(Varro, 1. c.; compare SACRA.) They' were believed  B. J. vii. 5. ~ 4.)  Shawls and scarves, interwoven
to have beean instituted to commemorate the en- with gold anld bronlght fiom  the remotest East,
closure of the seven'hills of Rome within the walls Iwere accumulated in the wardrolbe of the Empress
of the city, but must certainly be referred to a  during successive. reigns (Martial, xi. 9), until in
time  lwhen the Capitoline, Quirinal, and Viminal the year 176 Antoninus, the philosopher, in consc%were not yet ~incorporated With Rome.  (Compare  quence of the exhausted state of his treasury, sold
Columella, ii. 10; Suet. Doneit. 4; Plut. Quaest. them  by public atuction in the Forum  of Trajan
Romn. 68; Niebuhr, Dtist. of Rone, vol. i. p. 389, xwith the rest of the imperial orna.ments.  (Capitol.
&c.)                                    [L. S.]   in vita, 17.)  At this period we find that the
SEPTUNX.  [As, p. 140, b.]                       silken texture, besides being mixed  with  gold
SEPULCRUM.    [FuNuJs, p. 360,b.]                (Xpvu07rarrosr, Xpvaooc)7s), was adorned with enimSEQUESTRES.  [AsnBITUs.]                         broidery, this part of the woik beinlg executed
SERA.  [JANuA, p. 626, b.'l                      either in Egypt or Asia Minor. (Nilotis, dAikaeonia,
SE'RICUIJM  (ospL.,c), silk, also called boie- acies, Lucan, x. 141;   Seneca, Terc. Oct. 664.) The
byciz2num.  The first ancient author who affords  Christian  authors  from'Clemens  Alexiandrinus
any' evidence respecting the use of silk, is Aristotle  (Pasedacg. ii. 110) and Tertullian (de Paclio, 4)
(H. A. v. 19).  After a description, partially cor-  downwards discourage or condemn the use of silk.
rect, of the metamorphoses of the silkworm (bosmbyx, Plutarch also dissuades the virtuous and prudent
Martial, viii. 33), he intim'ates that the produce of wife from wearing it (Cosj. Pinaec. p. 350, vol. vi.
the cocoons was wound upon bobbins by women  ed. Reiske), although it is probable that ribands
for the purpose of bein woven, -and that Pamphile,  for dressing the hair (Martial, xiv. 24) ivere not
daughter of Plates, was said to have first woven  uncommon, since these goods (Serica) wvere prosilk.in Cos. This statement authorizes the conc!u-  curable in the vicus Tuscus at Rome (xi. 27).
sion, that raw silk i-nas bronught from  the interior  Silk thread was also imported and used for various
of Asia and mamnufacturLed in Cos as early (is the  purposes.  (Galenl, Ilepl Aiyv,. vol. vi. p.,33, ed.
fourth century B.c.   From this istind it appears thiat  Chartier.)
the Roman ladies obtained their most splendid    Although Comnmodus in some degree replenished
garments [COA VESTIS], SO that the later poets  the palace with valuable and cll'ioius effects, inof the Augustan age, Tibullus (ii. 4), Propertius  cluding those of silk (Capitol. Permtii. 8), this arti(i. 2, ii. i, iv. 2, iv. 5), Horace (Casrii. iv. 13. 13, cle soon afterwards again became very rare, so that
Sat. i. 2. 1'01>, and Ovid (Art. iA7neTt. ii. 298), few writers of the third century nlitke mention of
adorn their verses with allusions to these elegant  it.  When  finely manufactured,.it sold for its
textures, xwhich were reimarikably thin, somletimes  weight in gold, on which accoint Aurelitn would
of a fine.purple dye (Hor. l. cc.), and variegated  not allow his empress to have even a single shawllt
with transverse stripes of gold.  (Tibull. ii. 6.)  of purple silk (pallio blcntteo seeico, Vopisc. Aiurel.
About thtis -time the Parthian conquests opened a  45).  The use of silk wxith a warp of linen er woo!,.vay for:the transport into Italy of all the most  called tramoserica alnd so/nseric,  as distinguished
valuable productions of central Asia, which was  fi'om lIoloserica, was permitted under miny restricthe supposed territory of the Seres.  The appear-  tions.  About the end howesver, of the third ceiiance of the silken flags attached to the gilt stand-  tury, silk, especially whllen -woven with a warp of
ards of the Parthians in the battle fought in.54  inferior value, began to be much more generally
B. c. (Florus, iii. 11), must have been a very strik-  wvorn both by men andl woinen;  and the conseing sight for the army of'Crassus.                 quence was that, in order to confine the enjoymelt
The inquiries of the Romans respecting the  of this luxury more entirely to the imperial fanlily
nature of this beautiful manufacture led to a very  and court, private pei'sons were forbidden to engeneral opinion that silk in its natural state was a  gage in the manufacture, anId gold and silken bor



SERRA.                                             SERTA.                  1029
ders (pa.occ(syaudce) were allowed to be made only
in the imperial gynaecea.  [PARAGAUDA.]                          i
The production of raw silk (pi'aroa) in Europe.
was first attempted under Justinian, A. D. 530.
The eggs of the silkworm were conveyed to Byzantium in the hollow stem of a plant from " Serinda,"4
which was probably Khotan in Little B3ucharia, by
some monks, who had learnt the method of hatch-       -         S
ing and rearing them.  The worms were fed with
the leaf of the Black or Common Mulberry (euscd- 
ulleos. Procop. B. Gold. iv. 17; Glycas, Ame. iv. p.            I
209; Zonar. Ann. xiv. p. 69, ed. Du Cange; Phot.
BiUl. p. 80, ed. Roth.).  The cultivation both of
this species and of the White Mulberry, the breeding
of silk-worms, and the manufacture of their produce, having been long confined to Greece, were at
length in the twelfth century transported into  last-nmentioned figure is represented a hand-saw
Sicily, and thence extended over the south of Eu- adapted to be used by a single person.  That on
rope.  (Otto Frisingen, Hist. Iop. Freder. i. 33; the left is from the same funereal monument as the
iMan. Comnenns, ii. 8.)  The progress of this im-  blade of the frame-saw:  that on the right is the
portant branclh of industry was hqwever greatly  figure of an ancient Egyptian saw preserved in the
impeded even in Greece both by sumptulary laws. Britiah Museum.  These saws (serru2lae   eamau
restricting the Lse of silk except in the church ser- brintae) were used to divide the smaller objects.
vice or in the dress and ornaments of the court,  Some of them, called lasi,  had a particular shape,'and also by fines and prohibitions against private  by which they were adapted for amputating the
silk-mills, and by other attempts to regulate the  branches of trees.  (Pallad. de Re Ruast. i. 43.)
price both of the raw and manufactured article.    St. Jerome (in Is. xxviii. 27) seems clearly to
It was at one time determined that the business  allude to the circular saw, which was probably used,
should be carried on solely by the imperial trea- as at present, in cutting veneers (lcm7inaepraeZtenues,
surer.  Peter Barsames, probably a Phoenician, Plin. IH. N.  xvi. 43. s. 84).  We have also intiheld the office, and conducted himself in the most mations of the use of the centre-bit, and we find
oppressive manner, so that the silk trade was ruined  that even in the time of Cicero (pro Cluent. 64) it
both in Byzantium and at Tyre and Berytus, whilst was employed by thieves.
Justinian, the empress Theodora, and their trea-    Pliny (H. N. xxxvi. 22. s. 44) mentions the use
surer amassed great wealth  by the monopoly. of the saw in the ancient Belgium for cutting
(Procop. -ist. Arcanz. 25.)  The silks woven in  white building-stone: some of the oolitic and cre..
Europe previously to the thirteenth century were  taceous rocks are still treated in the same manner
in general plain in their pattern.  Many of those  both in that part of the continent and in the south
produced by the industry and taste of the Seres, of England.  In this case Pliny must be understood
i. e. the silk manufacturers of the interior of Asia, to speak of a proper or toothed saw.  The saw
were highly elaborate, and appear to have been  without teeth was then used, just as it is now, by
very similar in their patterns and style. of ornament the workers inl marble, and the place of teeth was
to the Persian shawls of modern times.  [J. Y.]   supplied, according to the hardness of the stone,
SERRA, dim. SERRULA (7rpiwv), a saw.  It either by emery or by various kinds of sand of inwas made of iron (fersea, Non. Marc. p. 223, ferior hardness. (Plin. H. N, xxxvi. 6. s. 9.)  In
ed. Merceri; de ferro lamiina, Isid. Orig. xix. 19; this malner the ancient artificers were able to cut
Virg. Georg. i. 143).  The form of the larger saw  slabs of the hardest rocks, which consequently
used for cutting  timber is seen in the annexed  were adapted to receive the highest polish, such
woodcut, which is taken from a miniature in the  as granite, porphyry3  lapis-lazuli, and amethyst.
celebrated Dioscorides written at the beginning of [MoLA;  PARIEs.]
the sixth century.  (Montfaucon, Pal. Grace. p.    The saw is an instrument of high antiquity, its
203.)  It is of the kind which we call the frame-  invention being  attributed  either to Daedalus
saw, because it is fixed in a rectangular frame.  It (Plin. H. V. vii. 56; Sen. Epist. 90), or to his
was held by a workman (serrarizs, Sen. Epist. nephew Perdix (Hygin. Fa&. 274; Ovid. Met. viii.
57) at each end.  The line was used to mark the  246) [CIRciNUS], also called Tales, who, having
timber in order to guide the saw  (Sen. Epist.  found the jaw of a serpent and divided a piece of
90); and its movement was facilitated by driving  a ood with it, was led to imitate the teeth in iron.
wedges with a hammer between the planks (tenues (Diod. Sic. iv. 76; Apollodor. iii. 15.)  In a bastabulae) or rafters (trabes).  (Corippus, de Laud. relief published by Winckelmann (ilon. Inedt. ii.
Jdust. iv. 45 —48.)  A similarrepresentation of the  fig. 94), Daedalus is represented holding a saw
use of the frame-saw is given in a painting found  approaching very closely in form to the Egyptian
at Herculaneum, the operators being winged genii, saw above delineated.                   [J. Y.]
as in this woodcut (An^t. d'rcol. i. tav. 34); but    SERRA'TI NUMMI. [DENARIUS,p. 394, a.]
in a bas-relief published by Micali (Ital. av. il    SERTA, used  only in  the plural (o-iua-,
Dom. dei Roem. tav. 49) the two sawyers rvear tunics o'eechSdCiv,ua), a festoon or garland.  The art of
girt round the waist like that of the ship-builder in  weaving wreaths [CoROaNA], garlands, and festhe woodcut at p. 141.  The woodcut here intro- tooeens, employed a distinct class of persons (core.
duced aLso shows the blade of the saw detached  narii and coronaria e; ereEpaz'rlerrXKiot, Theophrast.
from its frame, with a ring at each end for fixing  H. P. vi. 8. ~ 1; Plin. HI. N. xxi. 2. s. 3, or
it in the frame, and exhibited on a funereal meonu-  reiebao-rAioKo ), who endeavoured to combine all
mnent published by Gruter.  On each side of the  the most beautiful varieties of leaves, of flowers,
u 3




1030                SERTA.                                         SERVIT UTES.
and of fruits. so as to blend their forms, colour, I their being set on fire.  (Thc. iv. 133. ~ 2,
and scents (Virg. Copa, 14, 35) in the most agree-  Paus. ii. 17. ~ 7.)  The garlands on funereal monun
able manner.  The annexed woodcut taken from a  ments hung there for a year, and were then resarcophagus at Rome (Millin, Gal. Myth. ii. 100), newed.  (Tibull. ii. 4. 48, 7. 32; Propert. iii. 16.
shows a festoon adapted to be suspended by means  23.)  The funeral pile Was also decorated in a
of the fillets at both ends.  Its extremities are  similar manner, but with an appropriate choice of
skilfully encased in acanthus-leaves: its body con- plants and flowers. (Virg. Aen. iv. 506.)
sists apparently of laurel or bay, together with a    Festoons were placed upon the door-posts of
profusion of fruits, such as apples, pears, pome  private houses in token of joy and affection (Tibull.
granates, bunches of grapes, and fir-cones.  At i. 2. 14) more especially on occasion of a wedding.
Athens there was a market, called a'eTsavororASKiov  (Lucan, ii. 354.)  They were hung about a palace
in compliment to the wealthy possessor (inssertabo
coronis atria, Prudent. in Symm. ii. 726): and on
iS)j ( \ ~  O      occasions of general rejoicing the streets of a city
7   were sometimes enlivened with these splendid and
tasteful decorations.  (Martial, vi. 79. 8.)
The smaller garlands or crowns, which were
worn by persons on the head or round the neck,
are sometimes called septca. (Tibull. i. 7. 52.) The
fashion of wearing such garlands suspended from
the neck, was adopted by the early Christians.
(Min. Felix, 38.)                      [J. Y.]
SERVIA'NA  ACTIG.  [PIGNUS.]
SE'RVITUS.  [SRavus.]
SERVITU'TES.  The owner of a thing can
for the manufacture and sale of this class of pro- use it in all ways consistent with his ownership,
dlctions, the work being principally performed by  and he can prevent others from using it in any way
women and girls.  (Aristoph. Thesrs 455.)          that is inconsistent with his full enjoyment of it as
When a priest was preparing a sacrifice, he often  owner.  If the owner's power over the thing is
appeared with a festoon intended to be placed on  limited either way, that is, if his enjoyment of it
the door of the temple (festafronde, Virg. Aen. ii. is subject to the condition of not doing certain acts
049; variis sertis, iv. 202; Juv. xii. 84; Lucan, ii. in order that some other person may have the
354), on the front of the altar (Virg. Aen. i. 417)  benefit of such forbearance, or to the condition of
or upon the head of the victim.  Thus in the Iliad  allowing others to do certain acts, which limit his
(i. 14, 28), Chryses besides the gilded sceptre  complete enjoyment of a thing, the thing. is said
which denoted his office and authority carries a  c; servire " to be subject to a " servitus."  Hence
garland in honour of Apollo, which was probably  when a thing was sold as c    optima maxima," this
wound about the sceptre.  (See also Aristoph. Av. was legally understood to mean that it was war894, Pax, 948; Callim. IHrymen. in Cer. 45.)  The  ranted free from  Servitutes.  (Dig. 50. tit. 16.
act here described is seen in the annexed woodcut, s. 90. 169; compare Cic. de Leg. As}. iii. 2.)  The
which is taken from a bas-relief in the collection  existence of a Servitus must be proved: the preof antiques at Ince-Blundell, and represents a  sumption is that the ground is free (liber) till it
priestess carrying in her two hands a festoon to  is shown to be servient.  Servitutes are also insuspend upon the cireular temple which is seen in  eluded in the terms " Jura," and " Jura in Re,"
the distance.  As the festoons remained on the  and these terms are opposed to Dominium or complete ownership.  He who exercises a Servitus
~   therefore has not the animus domini, not even in
the case of ususfructus, for the Ususfructuarius is.
never recognized as owner in the Roman Law. The
aK:- ~  -~~ lt  gtechnical word for ownership, when the ususfructus
is deducted from it, is Proprietas.
A  man can only have a right to a servitus in
another person's property; and a servitus can only
be in a corporeal thing.  Viewed with respect to
/     the owner of the thing, a Servitus either consists
in his being restrained from doing certain acts to
his property, which otherwise he might do (setB    vizrus quae in zon faciendo conzsistit; Servitus negariva); or it consists in his being bound to allow
I 110   \llsome other person to do something to the property,
which such person might otherwise be prevented
/      from  doing (servitus qzuae  in patiendo consistit;
tSf7i l~i(J~LXSO'  lolServitus aEGOmativa).     A Servitus never consists ill
the owner of the servient property being obliged to
- do any act to his property, though he may be under
-.  — d t _  p _ =          X        {an obligatio to do acts which are necessary towards
the enjoyment of the Servitus.  (Dig. 8. tit. 1. s.
15; Puchta, Inst. i. ~ 252, note e.)
temples long after their freshness had departed,    There were two classes of Servitutes.  Either
they became very combustible.  The temple of they had for their subject a definite person, who
Juio at Argos was destroyed in consequence of could exercise the right, in which case they were




SERVITUTES.                                        SERVITUTES.                 1031
ralled Personal, Personarum; and they ceased  sidered as belonging to the dominant praedium in
with the death of the person: the expression  such a sense that it cannot be alienated without
"' personalis servitus" was used.  (Dig. 34. tit. 3. the praedium nor pledged nor let.
s. 8. ~ 3.)  Or they had for their subject another    Praedial Servitutes were either Praediorum UTrpiece of property, as a house or land, and the per-  banorum  or Rusticorum.  But the word Servitus
son who exercised the Servitus exercised it in re- has a double meaning, according as we view it as a
spect of his right to the house or land, which was  right or a duty. The Servitus of a Praedium Rusits subject.  Servitutes of the latter kind were  ticum  or Urbanum  is, in the former sense, the
called Praedial, Servitutes Praediorum  or Rerum, servitus which belongs to a particular Praedium, as
or Jura Praediorum (Gaius, ii. 17. 29; Dig. 8. tit. a right: ill the latter sense it is the servitus which
1. s. 1); and with reference to their special kinds, some particular Praedium owes, as a duty. When
Jura aquarum, &c.  (Cic. pro. Caecin. 26.)         the two Praedia are contemplated together in their
The exercise of Personal Servitutes, of which  mutual relations of right and duty, the word SerUsus and Ususfructus were the. principal, was al- vitus expresses the whole relation.  Servitutes Urways connected with the natural possession of the  banae are those which are for the advantage of an
thing; and consequently the Quasi: Possessio. of edifice as such, whether the advantage is derived
such Servitutes had a close resemblance to Posses-  from  another building or simply a piece of land;
sio. [PossEssIo.] Servitutes of this class consisted  Rusticae are those which are for the advantage of
solely " in patiendo."                             a piece of ground, as such, and mainly for the
Praedial servitutes consisted both "-in patiendo,"  benefit of agriculture.  "Urbanum praedium non
and "in non faciendo."  Those which consisted  locus facit, sed materia."  (Ulp. Dig. 50. tit. 16.
"in patiendo " comprised either such acts as a per-  s. 1 98.)
son might do, by virtue of the Servitus, which acts    The following are the principal Servitutes Urhad only mediately a reference to another piece of banae:- 1. Oneris ferendi, or the right which a
land, as in the case of a Jus Itineris; or such acts  man has to use the edifice or wall of his neighbour
as a man might do, with immediate reference to  to support his own edifice.  The owner of the
another piece of land, as Jus tigni immittendi,  servient property was consequently bound to keep
and the like.  Those which consisted "in non  it in repair so that it should be adequate to disfaciendo" on the part of the owner were acts  charge its duty.  (Dig. 8. tit. 5. s. 6.)  2. Tigni
which another possessor of a piece of land could  immittendi, or the right of planting a beam in or
require the owner of the servient property not to  upon a neighbour's wall.  3. Projiciendi, or the
do, but which except for the servitus, the owner  right of adding something to a man's edifice, though
might do.                                          it shall project into the open space which is above
Personal servitutes were Usus, USUSFRUCTUS,  his neighbour's grounds. 4. Stillicidii, or fluminis
Iabitatio, and Operae servorum et Animaliunli.     recipiendi or immittendi. This servitus was either
Habitatio or the right of living in another per-  a right which a man had for the rain water to run
son's house resembled the ususfructus or usus  from his house upon and through his neighbour's
aedium.  But it was not lost as nsusfructus and  premises, or a right to draw such water from his
usus were, by capitis diminutio or neglect to exer- neighbour's premises to his own.  The technical
cise the right.  Also, it consisted in the right to  meaning of Stillicidium  is rain in drops; when
inhabit solne definite part of a house only, and not collected in a flowing body it is Flumen.  (Varro,
the whole; the habitatio could be sold or let.  If de Lis2#. Lat. v. 27, ed.  uiiller; Cic. de Os'. i.
it was a donatio inter vivos, it could be set aside  38.)  5. Altius non tollendi, or the duty which a
by the heredes of the giver.  (Dig. 7, tit. 8. De  man owed not to build his house higher than its
UsiE et Habitatione; Dig. 39. -tit..5. s. 27, 322; present elevation, or the duty of the owner of a
Inst. 2. tit. 5,)                                  piece of land not to raise his edifice above a cer.Operae servorum  et animalium  consisted in a  tain height, in order that the owner of some
man having a right to the use and services of other house mnight have the advantage of such
another person's slave or beast, so long as the slave  forbearance.  If a man was released from  this
or beast lived.  The servitus continued after the  duty by his neighbour, he obtained a new right,
death of the person entitled to it, and was not lost which was the Jus altius tollendi.  In like manby a capitis diminutio nor by neglect to exercise it. ner, a man whose ground was released from the
This is called by Gains (ii. 32) " the Ususfructus  Servitus Stillicid'ii was said to have the servitus
hoeminum et ceterornm animalium."                  stillicidii non recipiendi.  This was not strictly
Praedial Servitutes imply the existence of two  accurate language, for if a servitus is defined to be
contiguous pieces of land (praedia), one of which  some limitation of the usual rights of ownership, a
owes a servitus to the other (sesvitutemn debet, recovery of these rights or a release from the duties
praediusm, feedzls serviens); and the servitus is  which is implied by the possession of these rights
said to be due (deberi) from the one to the other. by another, merely gives the complete exercise of
The name of praedium  dominans which is now  ownership and so destroys all notion of a Servitus.
often used to designate the praedium to which the  Still such was the language of the Roman Jurists,
servitus is due, is a modern invention.  It is of and accordingly we find enumerated among the
the nature of a Servitus to be an advantage to the  Urbanae Servitutes (Dig. 8. tit. 2. s. 2), " Stilliland to which it belongs: it must be something  cidiumn avertendi in tectum vel aream  vicini anut
that in some way increases its value.  It must also  non avertendi."  6. Servitus ne Luminibus, and ne
be a thing that is permlanently to the advantage of Prospectui officiatur, or the duty which a man owes
the dominant praedium; for it is said "' omnes ser-  to his neighbour's land not to obstruct his light or
vitutes praediorum perpetnuas causs habere debent "  his prospect (see Gaius, ii. 31; Cic. de Or. i. 39);
(Paulus, Dig. 8. tit. 2. s. 8), which means there is  and Servitus Luminum  or Prospectus, or the duty
a continuous adaptation of the servient to the use  of a man to allow Ihis neighbour to make openings
of the dominant tenement.  The Servittis is col-  ilnto his prenmises, as in a common wall for instance
3 u 4




1032            SERVITUTES.                                          SER VITUTES.
to get light or a prospect.  It was a Servitus the  muni dividundo, and in a case where the Judex
object of which was to procure light, whereas the  adjudicated the Proprietas to one and the Ususne officiatur was to prevent the destroying of light. fructus to another (Dig. 7. tit. 1. s. 6). Servitutes
(Dig. 8. tit. 2. s. 4. 40.)  But there are different could a;lso be acqctired by the Praescriptio longi
opinions as to the meaning of Servitus Luminnum. temporis. (Cod. 7. tit. 33. s. 12.)  An obscure and
7. Servitus Stercolinii, or the right of placing dung  corrupt passage of Cicero (ad Att. xv. 26) seems
against a neighbour's wall, &c.  8. Servitus fumili  to allude to the possibility of acquiring a right to a
immittendi, or the right of sending one's smoke: Servitus by use; as to which a Lex Scribonia made
through a neighbour's chimney. 9. Servitus cloacae, a change. [L.x S  IBONIA..] Quasi servitudes were
or the right to a drain or sewer from a man's land  sometimes simply founded on positive enactments,
or house through a neighbour's land or house.       which limited the owner of a property in its enjoyThe following are the principal Servitutes Rus-  menlt (Nov. 22. c. 46. s. 2); and others were conticae:-1. SerVitus Itineris, or the right to a foot-  sid red' as' velut jure impositae" (Dig. 39. tit. 3.
path through another man's ground  or to ride  s. 1. ~ 23; asd'Dig. 43. tit. 27, De A'bosiribzs
through on horseback or in a sella or lectica, for a  CGedendis.)
man in such cases was said ire and not atgese.    A  Servitus might -be released (sremitti) to the
Viewed with reference to the person who exercised  owner of the Fundus serviens ((Dig. 8. tit. 1. s. 14);
the right, this Servitus was properly called Jus  or it might be surrendered by allowing the owner
eundi. (Gaius. iv. 3.)  2. Actus or Agendi, or the  of the Fiundus Serviens to do certain acts upon it,
right of driving a beast or carriage throeugh another  which were inconsistent with the continuance ol
man's land.  3. Viae or the iight eundi et agendi- the Servitus.  (Dig. 8. tit. 6. s. 8.)  if both the
et ambulandi.  Via of course included the other dominant anid the servient land calne to belong to
two Servitutes; and it was distingtished from them   one owner, the  Servitutes were extinguished;
by its width, which was defined by the Twelve  there was a Confusio. (Dig. 8. tit. 6. s. 1.) If the
Tables.  (Dig. 8. tit. 3. s. 8.)  The Awidth of ani  separate owners of two separate estates, jointly
Iter or Actus might be a matter of evidence, and  acquired an estate whichl was servient to the two
if it was not determined, it was settled by an  separate estates, the Servitutes were not extinarbiter.  if the width of a Via was not determined, guishedl; but they were extinguished if the joint
its width was taken to be the legal width (latitudo  owners of a dominant estate, jointly acquired the
legitiscma).  In the work De Coloniis, attributed to  servient estate.  (Dig. 8. tit. 3. s. 27.)  A  usuFrontinus, the phrase " iter populo debetur or non  fruictus was extinguished  when the Usutfructuadebetur" frequently occurs. When 6 iter debetur"  rius acquired the Proprietas of the thing.  A
occurs, the width of the -iter is given in feet.  It  Servituis was extinguished by the extinction of the
seems that in the assignment of the Inids in these  object, but if the servient object was restored, the
instances, the lands were made' servire populo,"  servitus was also restored. (Dig. 8. tit. 2. s. 20 
for the purposes of a road.  4. Servitus pascendi tit. 6. s. 14.)  A  servitus was extinguished by the
or the right of a man in respect of the ground to. extinction of the subject, as in the case of a Perwhich his cattle are attached, to pasture them  sonal Servitude with the death of the person who
on another's ground.  5. Servitus aquaeductus or was intitled to'it; and in the case of Praedial Serducendi aquam per fiunduin alienum.  There were  vitutes with the destruction of the dominant subalso other Sertitutes as Aquae hbaustis, Pecoris ject, but they were revived with its revival: for
ad aquasn applilsus, Calcis coquendcae, and Arenae  instance, if a building to which a servitude befodiendae.  If a Publicus'locus or a Via publica  longed, was pulled down in order to be rebuilt,
intervened, no servitus aquaeductus could be im- and if it was rebuilt in the same form, the serviposed, but it was necessary to apply to -the Prin- tude revived (Paulus, Dig. 8. tit. 2. s. 20. ~ 2;
ceps for permission to form an aquaeductus across  Moore v. Rawson, 3 B. &  Cr. 332).  A  Servitus
a public road.  The intervention of -a Sacer et might be extilnguished by not using it.  There is
religiosus locus was an obstacle to imposing an  a case in the Digest (8. tit. 3. s. 35) of the servitus
Ttineris servitus, for no Servitus could'be due to  of a spring, the use of which had been interrupted
any person on ground which was sacer or reli- by the temporary failure of the spring, anld a regiosus.                                             script of Augustus on the matter.  According to
A Servitus Negativa could be acquired by mere  the old law, Ususfructus and Usus were  lost,
contract; and it seems the better opinion that a  through not exercising  the right, in two years in
Servitus Affirmativa could'be so acquired, and that the case of things imnimoveable, and inl one year iln
quasi possessio, at least in the later periods, was the case of things moveable.  Ins Justinian's legisnot necessary in order to establish the Jus Servi- lation Ususfructus and Usus were only lost by not
tutis, but only to give a'ight to the Publiciana ini exercising the right, when there had been a Usurem actio. (Gaius, ii. 30, 31; Savigniy, Das BRecht capio libertatis on the part of the owner of the
des Besitzes.)  The phrases " aqnae jus consti- thing  or the ownership had been acquired by Usttuere," " servitutesm fundo imponere," occur (Cic. capion.  (Cod. 3. tit. 33. s. 16. ~ 1, and tit. 34,
ad Quit. iii. 1. c. 2).  According to Gains, Servi- s. 13.)
tutes Urbanae could only be transferred by' the    Servitutes might be the subjects of Actiones in
In jnure cessio: Servitutes Rusticae could be trans- rem.  (Dig. 7. tit. 6; 8. tit. 5.)  An Actio Coinferred by Mancipatio also.  (Gaius, ii. 29.)       fessoria or Vindicatio Servitutis had for its object
A Servitus might be established by Testament the establishing the right to a Servitus, and it
(Sereitus Legqata, Dig. 33. tit. 3), and the right to  could only be brought by the owner of the domiit was acquired  shen the " dies legati cessit "  nant land, when it was due to land.  The object
[LEGATUM]; but tradition was necessary in order of the action was the establishment of the right,
to give a right to the Publiciana in rem actio.  A  damages, and security against future disturbance
Servitus could be established by the decision of a  inl the exercise of the right; and the action might
jtLdeX in the Judicium Familiae erciscunn. Coig- bh lot ponly against the owiser of the servient




SERVITUTES.                                         SERVITUTES.                  1033
thing, but against any person who impeded the - a space of fire feet in width betwveen adjoining esexercise of the right.  The plaintiff had of course  tates, which it was not permitted  to cultivate.
to prove his title to the Servitus.  The Actio Ne-  This intermediate space was sacred and it was
gatoria or Vindicatio libertatis, might be brought  used by the owners of the adjoining lands for saby the owner of the property against any person  crifice.  To this class also belongs the rule, that if
who claimed a Servitus inl it.  The object was to  a man had buaried.a. dead body on the land of an-,establish the freedom  of the property from  the  other without his.consent, he could not as a general
servitus, for damages, and for security to the owner  rule be compelled to remove the bodya but he was,against future disturbance in the exercise of his  bound to make recompence.  (Dig. 11. tit. 7. s. 2.
ownership.  The plaintiff had of,course to prove. 7, 8.)  The secondclass.comprehends rules relathis ownership auld the.defendant to prove his title  ing to police.  According to the Twelve Tables
to the Servitus.  (Gaius, iv. 3; Dig. 8. tit. a.)   every owner of land in the city was required to
In the case of Personal Servitudes, the Inter-  leave a space of two feet and a half vacant all
diets were just the -same as in.tlle case of proper round any edifice that he erected: this was called
Possession; the Interdict which was applied in  legitimnum  spatinlm, legitimus modus.   Consethe case of proper Possession, was here applied as  quently between two adjoining houses there must
a Utile Interdictrnm.  (Frac. Vat. 90, as emended  be a vacant space of file feet.  This law was no
by Savigny.)                                        doubt often neglected, for after the fire in Nero's
In the case of Praedial Servitudes, we must  reign (Tacit. Aiss. xv. 43), it was forbidden to
first consider the Positive.  In the first class, the  build houses with a common wall (colmunio pcarieacquisition of,the Juris Quasi Possessio is effected  itne); and the old legitimum  spatium  was again
by anil act which is done simply as san exercise of required to be observed; and it is referred to in a
the Right, independent of any other right.  The  rescript of Anton-inus and Verus.  (Dig. 8. tit. 2.
interference with the -exercise of the right was pre-  s. 14.)  This class also comprehends rules as to the
vented by Interdicts applicable to the several cases.  leight alnd form of buildings. Augustus (Sueton.
A person who was disturbed in exercising a Jus  Octav. 89) fixed the height at seventy feet; Nero
Itineris, Actus, Viae by any person whatever, also after the great fire made some regulations
whether the owvner of the servient land -or any  with the view of limiting the height of houses.
other person, had a right to the Interdict: the  Trajan fixed the greatest height at sixty feet.
object of this Isterdict was protection against the  These regulations were general, and had no referdisturbance, and comipensaetion.: its effect was ex-  ence to the convenience of persons who possessed
actly like that of the Interdict Uti possidetis.  adjoining houses: they had therefore no relation at
Another Interdict applied to the same objects as  all to the Servitutes:altius tollendi and non tollendi
the preceding  Interdict, but its object was to  as some writers suppose.  The rule of the Twelve
protect the person intitled to the servitude from   Tables which forbade the removing a " tignum
being disturbed by the owner while he was putting  furtivum aedibus vel vineis junctum," had for its
the -way or road in a condition fit for use.        object the preventing of accidents. (Dig. 47. tit. 3.)
There were various other Interdicts as in the  Another rule declared that the owners of lands
case of the Jus aquae quotidianae vel aestivae  which were adjoining to public aquaeducts should
ducendae (Dig. 43. tit. 20); in the case of the re-  permit materials to be taken from their lands for
pair of water passages (43. tit. 21,.de  invis); in  these public purposes, but should receive a proper
the case of the Jus alqae hauriendae (43. tit, 22).  compensation.  The Twelve Tables forbade the
The second class of Positive Servitsudes consists  burning or interring of a dead body in the city
in the exercise of the servitude in connection with  and this rule was enforced by a Lex Duilia.  In
the possession of another piece of property.  The  the time of Antoninus Pius this rule prevailed
Interdicts applicable to this case are explained  both in Rome and other cities.
under the third class, that of Negative Servitudes.    The third class of limitations had for its object
In the ease of Negative Servitudes there are only  the promotion of Agriculture.  It comprised the
two modes in which the Juris quasi Possessio can  rules relating to AQUA PLUVIA, and to the Tignum
be acquired:  1, when the owner of the servient  Junctum in the case of a vineyard; and it gave a
property attempts to do some act, which the owner  man permission to go on his neighbour's premises
of the dominant property  considers inconsistent  to gather the fruits which had fallen thereon fiom
with his Servitus, and is prevented;  2, by any  his trees; with this limitation that he could only
legal act which is capable of transferring the Jus  go every third day.  (Dig. 43. tit. 28, De GlCeade
Servitutis.  The possession is lost when the owner  legyezdc.)  The Twelve Tables enacted that if a
of the servient property does an act which is con- neighbour's tree hung over into another person's
trary to the Right,  The Possession of the Servi-  land, that person might trim  it to the height of
tudes of the second and third class was protected  fifteen feet from the ground (quzindecihe pedes aeltius
by the Interdict Uti possidetis.  There was a  caen  sUblucator).  The rule was a limitation  of
special interdict about sewers (De Cloacis, Dig.  ownership, but not a limitation of the ownership
43. tit. 23).                                       of the tree-owner: it was a limitation of the ownerIt has been stated that Quasi-servituldes were  ship of the land-owner; for it allowed his neighsometimes founded on positive enactments.  These  bour's tree to overhang his ground, provided there
-were not Servitutes properly so called, for they  were no branclhes less than fifteen feet from the
were limitations of the exercise of ownership made  ground.
for the public benefit.  The only cases of the limi-    With these exceptions, some of which were of
tation of the exercise of ownership by positive  great alntiquity, ownership in Roman Law -must be
enactment, which are mentioned in the Pandect,  considered as unlimited.  These limitations also
are reducible to three principal classes.  The filst  had no reference to the convenience of individuals
class comprehends the limitation of ownership on  who had adjoining houses or lands.  Writh respect
religiosu  grounds.  To this class belongs Filis, or  to neighboenrs the law allowed them to regtilate their




1034               SERVUS.                                            SERVUS.
mutual interests as they pleased, and accordingly a  TAR], the Bithynians at Byzantium, the Callicyrli
man could agree to allow a neighbour to derive  at Syracuse, the Mariandyni at Heraclea in Pona certain benefit from  his land which their proxi.. tus, the Aphamiotae in Crete. [CosamI.]  The
mity rendered desirable to him, or he could agree  other species of slavery consisted of domestic slaves
to abstain from  certain acts on his land for the  acquired by purchase (a&pvpl6yVsro or XpUvoY'.VToi,
benefit of his neighbour's land.  The law gave  see Isocr. Platae. p. 300, ed. Steph.), who were
force to these agreements under the name of Servi-  entirely the property of their masters, and could
tutes, and assimilated the benefits of them to the  be disposed of like any other goods and chattels:
right of ownership by attaching to them a right of these were the 8oOAoi properly so called, and were
action like that which an owner enjoyed.          the kind of slaves that existed at Athens and
This  view  of the limitation  of ownership  Corinth.  In commercial cities slaves were very
among the Romans by positive enactment is from  numerous, as they perforsned the work of the artia vallluable essay by Dirksen, Ueber die gesetzlichen  zans and manufacturers of modern towns.  In
besclriinkzunen dessEi/en thluns, &c. Zeitschrift, vol. ii. poorer republics, which had little or no capital, and
(Gaius, ii. 28-33; Inst. 2. tit. 3-5; Dig. 7  which subsisted wholly by agriculture, they would
and 8; Cod. 3. tit. 33, 34.)                       be few: thus in Phocis and Locris there are said
This sketch may be completed by reference to  to have been originallyno domestic slaves. (Athen.
the following works and the authorities quoted in  vi. p. 264, c; Clinton, F. H. vol. ii. pp. 411, 412.)
them: Mackeldey, Lehrbuch, &c. 12th ed.; Miih-  The majority of slaves was purchased; few colllenbruch, Doctrina Pandectiar-sm, p. 268, &c.; paratively were born in the family of the master,
Savigny, Das Reht des Besitzes, Juris Quasi Pos-  partly because the number of female slaves was
sessio, p. 525, 5th ed.; Von der Bestelluzqs der  very small in comparison with the male, and partly
Se'rvituten durch simple Vertracy    nd Stipulation, because the cohabitation of slaves was discouraged,
von Hasse, Rhein. Mus. fbir Jurisprudenz, Erster  as it was considered cheaper to purchase than to,Jcahlysezq; Von dens Verhltlniss des Eigenthums   rear slaves. A slave born in the house of a master
ze den Servituten, von Puchta, Rhein. Angs. Erst.  was called ohIcI'TpL, in contradistinction to one
Jahr'.;  Scheurl,  Beneskusngen zss lehre von dn den  purchased, who was called oieE-i7S. (Ammon. and
ServitZten, Zeitschrk}f, &e., xii. p. 237; Puchta,  Suid. s.v.)  If both the father and mother were
inst. ii. ~ 252.                       [G. L.]    slaves, the offspring was called a&i)lovUXos (EnsSERVUS (GREEK).  The Greek BoOXos, like  tath. ad Od. ii. 290): if the parents were olthe Latin serves, corresponds to the usual meaning  ICdTpLeES, the offspring  was called ohlCOTpi'gmos.
of our word slave. Slavery existed almost through-  (Pollux. iii. 76.)
out the whole of Greece; and Aristotle (Polil. i. 3)    It was a recognized rule of Greek national law
says that a complete household is that which con- that the persons of those who were taken prisoners
sists of slaves and freemen (oeldea E- TEAXeos iec in war became the property of the conqueror (XenaoiAwuC  Kal iXevOEpVoa), and he defines a slave to  Cyr. vii. 5. ~ 73), but it was the. practice for
be a living working-tool and possession. ('O 8o&Xos  Greeks to give liberty to those of their own nation
gE/uvXov OpTyavo', Etlhic. Nicom1. viii. 13;  o boDXos  on payment of a ransom.  Consequently almost all
IC~Trd T' f$/usXoV, Polit. i. 4.) None of the Greek  slaves in Greece, with the exception of the serfs
philosophers ever seem to have objected to slavery  abovementioned, were barbarians.  It appears to
as a thing morally wrong; Plato in his perfect follow from a passage in Timaeus (ap. AtI/enz. vi.
state only desires that no Greeks should be made  p. 265, b) that the Chians were the first who carslaves by Greeks (de Rep. v. p. 469), and Aristotle  ried on the slave trade, where the slaves were more
defends the justice of the institution on the ground  numerous than in any other place, except Sparta,
of a diversity of race, and divides mankind into  that is in comparison with the free inhabitants.
the free (XemV0epol) and those who are slaves by  (Thuc. viii. 40.)  In the early ages of Greece, a
nature (ol D5'uet &ouAoho: under the latter de- great number of slaves was obtained by pirates,
scription he appears to have regarded all barba-  who kidnapped persons on the coasts, but the chief
rians in the Greek sense of the word, and there-  supply seems to have come from the Greek colonies
fore considers their slavery justifiable.         in Asia Minor, who had abundant opportunities of
In the most ancient times there are said to have  obtaining them from their own neighbourhood and
lbeen no slaves in Greece (Herod. vi. 137; Phere-  the interior of Asia.  A  considerable number of
crat. cp. Athen. vi. p. 263, b), but we find them in  slaves also came from Thrace, where the parents
the Homeric poems, though by no means so gene- frequently sold their children. (Herod. v. 6.)
rally as in later times. They are usually prisoners    At Athens, as well as in other states, there was
taken in war (soptCaAwTro), who serve their con- a regular slave market, called the KcilXos (Harpoquerors: but we also read as well of the purchase  crat. s. v.), because the slaves stood round in a
and sale of slaves (Od. xv. 483). They were how-  circle.  They were also sometimes sold by auction,
ever at that time mostly confined to the houses of and appear then to have been placed on a stone
the wealthy.                                       called the arpar'p moeos (Pollux, iii. 78), as is also
There were two kinds of slavery among the  done when slaves are sold in the United States of
Greeks.  One species arose when the inhabitants  North America: the same was also the practice in
of a country were subdued by an invading tribe and  Rome, whence the phrase lshozo de lacide eostzes.
reduced to the condition of serfs or bondsmnen: they  [AUCTIO.]  The slave market at Athens seems to
lived upon and cultivated the land which their  have been held on certain fixed days, usually the
masters had appropriated to themselves, and paid  last day of the month (the Egvq  al vEa or'ovsu/'v-ia,
them  a certain rent.  They also attended their  Aristoph. Equit. 43, with Schol.).  The price of
mnasters inl war. Theyv could not be sold out of the  slaves naturally differed according to their age,
country or separated fromn their families, and could  strength, and acquirenlents.   Some slaves," says
acquire property. Such were the Helots of Sparta  Xenophon (Aloe. ii. 5. S 2) " are well worth two
[1HElro1 TES], the Penestae of Thessaly [PENSz-  minls, others hardly half a minai;  some sell for




SERV US.                                           SERVUS.                  1035
five minas and others even for ten; and Nicias the  slaves, that they were employed in various workson of Niceratus is said to have given no less than  shops, mines, or manufactories: the number which
a talent for an overseer in the mines."   Bickh  a person kept to attend to his own private wants or
(Publ. Econ. of Athens, p. 67, &c., 2d ed.) has  those of his household, was probably never very
collected many particulars respecting the price of large.  And this constitutes one great distinction
slaves; he calculates the value of a common mining  between Greek and Roman slaves, that the labour
slave at from 125 to 150 drachmas.  The know-  of the former was regarded as the means by which
ledge of any art had a great influence upon the  an owner might obtain profit for the outlay of his
value of a slave.  Of the thirty-two or thirty-  capital in the purchase of the slaves, while the
three sword-cutlers who belonged to the father of latter were chiefly employed in ministerinlg to the
Demosthenes, some were worth five, some six, and  wants of their master and his family, and in gratithe lowest more than three minas; and his twenty  fying his luxury and vanity.  Thus Athenaeus
couch-makers together were worth 40 minas (in  (vi. p. 272, e) remarks, that many of the Romans
Aphob. i. p. 816).  Considerable sums were paid  possess 10,000 or 20,000 slaves and even more,
for courtezans and female players on the cithara; but not, he adds, for the sake of bringing in a
twenty and thirty minas were common prices for  revenue, as the wealthy Nicias.
sech (Ter. A4delp/. iii. 1. 37, iii. 2. 15, iv. 7. 24;    Slaves either worked on their masters' account
Phsorm. iii. 3. 24): Neaera was sold for thirty  or their own (ill the latter case they paid their
minas.  (Demosth. c. Neaer. p. 1354. 16.)          masters a certain sum  a day); or they were let,.The number of slaves was very great in Athens. out by their master on hire either for the mines or
According to the census made when Demetrius  any other kind of labour, or as hired servants for
Phalereus was archon (B. c. 309), there are said  wages (&7roeoopd).  The rowers on board the ships
to have been 21,000 free citizens, 10,000 Metics, were usually slaves (Isocrat. de Pace, p. 169, ed.
and 400,000 slaves in Attica (Ctesicles, ep. Atlen.  Steph.); it is remarked as an unusual circumstance,
vi. p. 272, c): according to which the slave popu-  that the seamen of the Paralos were freelen.
lation is so immensely large in proportion to the  (Thuc. viii. 73.)  These slaves either belonged
free, that some writers have rejected the account to the state or to private persons, who let themn out
altogether (Niebuhr, Hist. of Rosme  vol. ii. note  to the state on payment of a certain sum.  It ap143), and others have supposed a corruption in the  pears that a considerable number of persons kept
numbers and that for 400,000 we ought to read  large gangs of slaves merely for the purpose of
40,000.  (Hume, Essays, vol. i. p. 443.)  Bickh  letting out, and found this a profitable mode of inand Clinton (F. If. ii. p. 391), however, remark  vesting their capital. Great numbers were required
with some justice, that in computing the citizens  for the mines, and in most cases the mine-lessees
and metics the object was to ascertain their po-  would be obliged to hire some, as they would not
litical and military strength, and hence the census  have sufficient capital to purchase as many as they
of only males of fuill age was taken; while in  wanted.  We learn fromn a fragment of IHyperides
enumerating slaves, which were property, it would  preserved by Suidas (s.v.'AVre1q(PiUsaro), that there
be necessary to conipute all the individuals who  were at one time as many as 150,000 slaves, who
composed that property.  Bclckh takes the pro-  worked in the mines and were employed in country
portion of free inhabitants to slaves as nearly one  labour.  Gellerally none but inferior slaves were
to four in Attica, Clinton as rather more than  confined in these mines: they worked in chains,
three to one; but whatever may be thought of and numbers died from the effects of the unwholethese calculations, the ilain fact, that the slave  some atmosphere. (Bbekh, Os thle Silver AMisnes of
population in Attica was much larger than the  Laurssion.)  We cannot calculate with accuracy
free, is incontrovertible: during the occupation of what was the usual rate of profit which a slaveDecelea by the Lacedaemonians, more than 20,000  proprietor obtained.  The thirty-two or thirtyAthenian slaves escaped to this place. (Thuc. vii. three sword-cutlers belonging to the father of D)e27.)  In Corinth and Aeginra their number was  mosthenes produced annually a net profit of 30
equally  large: according to  Timaeus, Corinth  minas, their purchase value being 190 minas, sand
had 460,000, and according to Aristotle Aegina  the twenty couch-makers a profit of 12 minias,
470,000 slaves (Athen. 1. c.), blt these large naum- their purchase value being 40 minas. (Demosth. in
bers, especially in relation to Aegina, must be un-  Aphob. i. p. 816.)  The leather-workers of Timarderstood only of the early times, before Athens  chus produced to their masters two, the overseers
had obtained possession of the commerce of Greece.  three, oboli a day (Aeschin. in Tinm. p. 118):
At Athens even the poorest citizen had a slave  Nicias paid an obolus a day for each mining slave
for the care of his household (Aristoph. Plut. init.), which he hired.  (Xen. Vect. iv. 14.)  The rate
and in every moderate establishment many were  of profit upon the purchase-money of the slaves
employed for all possible occupations, as bakers, was naturally high, as their value was destroyed
cooks, tailors, &c.  The number possessed by one  by age, and those who died had to be replaced by
person was never so great as at Rome during  fresh purchases.  The proprietor was also exposed
the later times of the republic and unIlder the em- to the great danger of their rsunning away, when it
pire, but it was still very considerable.  Plato (de  became necessary to pursue them and offer rewards
Rtep. ix. p. 578) expressly remarks, that some per- for their recapture (oi&Tpa, Xen. Mere. ii. 10.
sons had fifty slaves and even more.  This was  ~ 1, 2; PFlat. Prottg. p. 310).  AntigenIes of
about the number which the father of Demosthenes  Rhodes was the first that established an insurance
possessed (in Aphob. i. p. 823); Lysias and Pole-  of slaves.  For,s yearly contribution  of eight
marchus had  120 (Lys. its EsIrtostlh. p. 395), drachmas for each slave that was in the army, he
Philemonides had 300, Hipponicus 600, and Nicias  undertook to make good the valie of the slave it
1000 slaves in the mines alone. (Xen. de Fect. iv. the tisne of his runnling  away.  (Pseudo-Arist.
14, 15.)  It must be borne in mind, wlhenl we read  Occon. c. 35.)  Slaves that worked in the fields
of one person possessing so large a number of were under an overseers (47rivporo0s), to whomlll the




1036               SERVUS.                                             SERVUS.
whole management of the estate was frequently  former master as their patron (           arpo Trd'ris), and to
entrusted, while the master resided in the city; fullfil certaisl duties towards him, the neglect of
the household slaves were under a steward (raeuias),  which rendered them  liable to the 8tcqr a7rooerathe female slaves under a stewardess (Taelea).  o[ov, by which they imight again be sold into
(Xen. Oeco. xii. 2, ix. 11.)                       slavery.  [LI3ERTUS, p. 705, a;  APOSTASIOu
The Athenian slaves did not, like the HIelots of DsIE.]
Sparta and the Penestae of Thessalv, serve in the    Respecting   the public slaves at Athens, see
armies; the battles of Marathon and Arginusae, DE0osil.
when the Athenians armed their slaves (Pausanl.    It appears that there was a tax upon slaves at
i. 32. ~ 3; Schol. ad Asristohs. Ran.  33), were  Athens (Xen. de TVect. iv. 25), which B1ckh (Publi.
exceptions to the general rule.                     Lceon. pp, 331, 332, 2d ed.) supposes was three
The rights of possession with regard to slaves  oboli a year for each slave.
differed in no respect from  any other property;    Besides the authorities quoted in the course of
they could be given or taken as pledges. (Dem. inz this article, the reader may refer to Petitus, Leq.
Pantaenet. p. 967, in Azphob. p. 821, in Onetor. i. Att. ii. 6. p. 254, &c.; Reitermeier, Gesch. der
p. 871.)  The condition, however, of Greek slaves  Scelaveei in GYriechenland, Berl. 1789; Limburgvas upon the whole better than that of Romnan  Broulwer, Histoire le la Civilisation cdes Grecs, vol.
ones, with the exception perhaps of Sparta, where, iii. p. 267, &c.; Gottling, de Notione Servitutis
according to Plutarch (Lye. 28), it was the best aeud Arislotelem, Jen. 1821; IIermann, LeAlsbzuce
place in the world to be a freeman, and the worst clder giech. Staatsalt. ~ 114  and especially Becker,
to be a slave (E', Aaclte3atpUoi KCal TlrV -/AEV5ePOV  Csar ikles, vol. ii. p. 20, &c.
eAms'ra C ixsevspo ee bat, ecal'rbmv aosXov CWIOALra    SERVUS (RoMsN). SE'RVITUS. " Servitus
soA'ov).  At Athens especially the slaves seem to  est constitutio  juris gentiums  qua quis doiniio
have been allowed a degree of liberty and indul-  alieno contra naturam subjicitur."  (Florent. Dig.
gence, which was never granted to them at Rome.  1. tit. 5. s. 4.)  Gaius also considers the potestas of
(Compare Plut. de Garr2i. i8; Xenoph. de Rep.  a master over a slave as "juris gentium " (i. 52).
At/l. i. 12 )  OIn the reception of a new slave into  The Romans viewed Liberty as a Natural State,
a house at Athens, it was the custom  to scatter  and Slavery as a condition which was contrary to
sweetmeats (KaTaXvr'ilae'a), as was done in the  the Natural State.  The nutual relation of Slave
case of a newlry married pair. (Aristoph. Plut. 768, and Master amonF the Romans was expressed by
with  Schol.; Demosth. in Stepsh. p. 1123. 29; the terms Servus and Dominus; and the power
Pollux, iii. 77; Hesych. and Suidas, s. v. Ka'ra-  and interest which the domlinus had over and in
XO-,aTa'.)                                          the slave was expressed by Dominium.  The term
The life and person of a slave were also pro- Dolinsium or ownership, with reference to a slave,
teted by the law: a person who struck or smal- pointed to the slave merely as a thing or object of
treated a slave was liable to an action  (U'pecos  ownership, and a slave as onle of the Res Mancipi.ypacpY, Dem. in Mid. p. 529; Aesclsin. ins Tism. p. was classed with other objects of ownership. The
41; Xen. de Rep. Ath. i. 10; Athen. vi. p. 267, word Potestas was also applied to the master's
f; Meier, Att. Proc. p. 322, &c.); a slave too could  power over his slave, and the same word was used
not be put to death without legal sentence. (Eurip. to express the father's power over his children.
IrecEub. 287, 288; Antiph. dce caed. Herod. p. 728.)  The boundaries between the Patria and Dominica
Ile could even take shelter from  the cruelty of Potestas were originally very narrow, but the child
his master in the temple of Theseus, and there  had certain legal capacities which were altogether
elaim the privilege of being sold by him (7rpauv  wanting to the condition of the slave. The master
aTlres'Oat, Plut. T/zes. 36; Pollux, vii. 13; Meier, had no Potestas over the slave, if he had merely a
Att. Proc. p. 403, &c.).  The person of a slave, "' nudum  juns Quiritium in servo:" it was neceshowever, was not considered so sacred as that of a  sary that the slave should be his In bonis at least.
freeman: his offences were punished with corporal  (Gaius, i. 54.)
chastisement, which was the last mode of punish-    According to the strict principles of the Roman
ment inflicted on a freeman (Dem. in Tinocr. p. Law, it was a consequence of the relation of Master
752); he was not believed upon his oath, and his  and Slave that the Master could treat the Slave as
evidenlce in courts of justice was always taken with  he pleased: he could sell him, punish him, and
torture.                                            put him to death.  Positive morality however and
Notwithstanding the generally mild treatment the social intercourse that must always subsist beof slaves in Greece, their insurrection was not un-  tween a master and the slaves, who are immedifrequent (Plat. Ley. vi. p. 777): but these insur-  ately about him, ameliorated  the  condition of
rections in Attica were usually confined to the  slavery.  Still we read  of acts of great cruelty
mnining slaves, who were treated with more severity  committed by masters in the later Republican and
than the others.  On one occasion they murdered  earlier Imperial periods, and the Lex Petronia
their guards, took possession of the fortifications of was enacted in order to protect the slave.  The
Sunium, and from  this point ravaged the country  original power of life and  death over a slave,
for a considerable tille.  (Atllen. vi. p. 272, f.)    wvhich Gaius considers to be a part of the Jmus
Slaves were somletimes manumitted at Athens,  Gentium, was limited by a constitution of Anto.
though not so frequently as at Rome; but it seems  sninus, which enacted that if a man put his slave
doubtful whether a master was ever obliged to  to death without sufficient reason (sine causa), he
liberate a slave against his will for a certain sum of was liable to the same penalty as if he had killed
money, as some writers have corlcluded from a pas-  another man's slave.  The Constitution applied to
sage of Plautus. (Casin. ii. 5. 7.) Those who were  Roman citizens and to all who were under the
manumitted (&reXEvOepoe) did not become citizens, Imperium  Ronlanum.  (Gaius, i. 52, &c.)  The
as they did at Rome, but passed into the condi- salne Constitution also prohibited the cruel treattion of Metics.  They were obliged to honour their nlent of slaves by their masters, by enacting that




SERVUS.                                            SERVUS.                  1.031
if the cruelty of the master was intolerable, he  branch of industry.  It may easily be conceived
might be compelled to sell the slave; and  the  that under these circumstances, especially as they
slave was empowered to make his complaint to  were often  intrusted with property to a large
the proper authority.  (Senec. de Benef. iii. 22.)  amount, there must have arisen a practice of alA  Constitution of Claudius enacted that if a man  lowing the slave to consider partof his gains as
exposed his slaves, who were infirm, they should  his own: this was his Peculium, a term also apbecome free; and the Constitution also declared  plicable to such acquisitions of a filiusfamilias as
that if they were put to death, the act should be  his father allowed him  to consider as his own.
murder. (Steton. Claud. 25.) It was also enacted  [PATRIA  POTESTAS.]  According to strict law,
(Cod. 3. tit. 38. s. 11) that in sales or division  the Peculium was the property of the master, but
of property, slaves, such as husband and wife, according to usage it was considered to be the
parents and children, brothers and sisters, should  property of the slave.  Sometimes it was agreed
not be separated.                                  between master and slave, that the slave should
A  slave could not contract a marriage.  His purchase his freedom  with his Peculium  when it
cohabitation with a woman was Contubernium; amounted to a certain sum.  (Tacit. Annz. xiv. 42,
and no legal relation between him and his children  and the note of Lipsius,)  If a slave was mannwas recognized.  Still nearness of blood was con- mitted by the owner in his lifetime, the Peculium
sidered an impediment to marriage after manumis- was considered to be given together with Libertas,
sion: thus a manumitted slave could not marry his unless it was expressly retained.  (Dig. 15. tit. 1.
manumitted sister.  (Dig. 23. tit. 2. s. 14,)     s..53 de Peculio.)  Transactions of borrowing and
A slave could have no property.  He was not lending could take place between the master and
incapable of acquiring property, bitt his acquisi- slave with respect to the Peculium, though no
tions belonged to his master; which Gaius consi- right of action arose on either side out of such
ders to be a rule of the Jus Gentiltu  (i. 52).  A  dealings, conformably to a general principle of
slave could acquire for his master by Mancipatio, Roman Law. (Gaiis, iv. 78.)  If after the slave's
Traditio, Stipulatio, or in any other way.  In this manumission, the master paid him  a debt which
capacity of the slave to take, though he could not had arisen in the manner above mentioned, he
keep, his condition was assimilated to that of a  could not recover it.  (Dig. 12. tit. 6. s. 64.)  In
filiusfamilias, and he was regarded as a person. If case of the claim of creditors on the slave's Pecuone person had a Nudum Jus Quiritium in a slave, lium, the debt of the slave to the master was first
and he was another's In bonis, his acquisitions be- taken into the account, and deducted from the Pelonged to the person whose he was In bonis. If a  culium.  So far was the law modified, that in the
man bona fide possessed another man's slave or a  case of natumrles obligationes, as the Romans
free person, he only acquired through the slave in  called them,  between master and slave, a fidejussor
two cases: he was entitled to all that the slave  could be bound for a slave; and he could also be
acquired out of or by means of the property of the  bound, if the creditor was an extraneus.
possessor (ex re ejus); and he was entitled to all    A naturalis obligatio might result fiom the dealthat the slave acquired by his own labour (ex  ings of a slave with other persons than his mas.operis suis) 3 the law was the same with respect ter; but the master was not at all affected by
to a slave of whom  a man had the Ususfructus  such dealings.  The master was only bound by the
only.  All other acquisitions of such slaves or free  acts and dealings of the slave, when the slave was
persons belonged to their owner or to themselves, employed as his agent or instrument, in which
according as they were slaves or free men. (Ulp. case the master might be liable to an Actio EXERF-ag. tit. 19.)  If a slave was appointed heres, CITORIA or INSTITORIA. (Gaius, iv. 71.)  There
he could only accept the hereditas with the consent was of course an actio against the master, when the
of his master, and he acquired the hereditas for slave acted by his orders.  [Jussu, QuoD, &c.]
his master: in the same way, the slave acquired a  If a slave or filiusfamilias traded with his peculium
legacy for his master.  (Gaius, ii. 87, &c,)       with the knowledge of the dominus or father, the
A master could also acquire Possessio through  peculium and all that was produced by it were dihis slave, and thus have a commencement of Usu- visible among the creditors and master or father in
capion (Gaius, ii. 89); but the owner must have  due proportions (pro rata portione), and if ant- of
the possession of the slave in order that he might the creditors complained of getting less than his
acquire possession through him, and consequently  share, he had a tributoria actio against the master
a man could not acquire possession by means of a  or father, to whom the law gave the power of dispignorated slave.  [PIGNUS.] A bonae fidei pos- tribution among the creditors.  (Gaius, iv. 72, &c.)
sessor, that is, one who believed the slave to be  The master was not liable for anything beyond
his own, could acquire possession through him in  the amount of the peculium, and his own demamld
such cases as he could acquire property; conse- was payable first.  (Dig. 14. tit. 4. de T'ibmutoriut
quently a pledgee could not acquire possession  Actione.)  Sometimes a slave would have another
through a pignorated slave, though ihe had the  slave under himi, who had a peculium with respect
possession of him bona fide, for this bona fides to the first slave, just as the first slave had a pecuwas not that which is meant in the phrase bonae  iium with respect to his master.  On this practice
fidei possessor.  The Usufructuarius acquired pos- was founded the distinction between Servi Ordisession through the slave in the stane cases in  narii and Vicarii. (Dig. 15. tit. 1. s. 17.) These
which the bonae fidei possessor acquired it. (Sa- subordinate peculia were however legally considered
vigny, Das ReetU des Besitzes, p. 314, ed. 5.)    as included in the principal peculium.  In the case
Slaves were not only employed in the usual do- of a slave dying, being sold or manunlitted, the
mestic offices and inl the labours of the field, but Edict required that ally action in respect of the
also as factors or agents for their masters in the  Peculium must be brought within a year. (Dig. 15.
management of business  [INSTITORIA  ACTIO, tit. 2. s. 1, %whvich contains the words of the Edict.)
&cJ], and as mechalsics, artisans, and in every  If a slave or filiusfamilias had carried on dealings




1,038              SERVUS.                                            SERV US.
withotut the knowledge and consent of his master malster's honse was VTerlna.  13ut it was also a
or father, there might be an action against the  principle of Roman Law that the status of a person
master or father in respect of such dealings, so far who was begotten in Justae Nuptiae was reckoned
as it could be proved that he had derived advan- from the time of conception. At a later period the
fage from them.  This was called the Actio de in  rule of law was established, that though a woman
rem Verso (Dig. 15. tit. 3), and it was in fact the  at the time of the birth might be a slave, still her
same actio as that De Peculio.  That was said  child was free, if the mother had been fiee at any
"' in remn  patris dominiie versmn," which turned  time reckoning backwards from  the time of the
out for his advantage.  For instance if a slave bor- birth to the time of the conception.  (Patius, S. R.
rowed ten sestertia and paid them to the master's  ii. tit. 24; Dig. 1. tit. 5. s. 5.) There were various
creditors, the master was bound to pay the loan, cases of children the offspring of a free parent and
and the lender had an actio against him De in rem  a slave as to which positive law provided whether
verso.  If the slave paid any part of the borrowed  the children should be free or slaves. (Gaius, i.
sum to his master's creditors, the master was liable 83, &c.)  [SENATvUSCONSULTUJI CLAUDJ'ANUM.]
to the lender for the amount so applied. and if the    A  person became a slave by capture in war, also
slave had wasted the other part, the master was Jure Gentium. [PRADnA.]  Captives in war were
bound to make that good to the amount of the  sold as belonging to the Aerarium  or distributed
slave's peculium; but still with this provision, among the soldiers by lot.  (Walter, Geschic/te
that the amount of the slave's peculium  could only  &c. p. 50. note 35, 1st ed.)  In reference to the
be ascertained by first deducting from it what he practice of selling prisoners with a crown on their
owved to the master.  The case was the same with  heads, we find the expression " sub corona venire,
the peculium  of a son and a slave.  Thus, as vendere."  (Gell. vii. 4; Liv. v. 22; Caesar,
Gains observes (iv. 73), the Actio De peculio and  B. G. iii. 16.)
De in rein verso was one actio, but contained two    A free person might become.a slave in various
condemnationes.                                   ways in consequence of positive law, Jure Ciili.
It is a consequence of the relation of Slave and  This was the case with Incensi [CAPUTr], and
5A{laster, that the lMaster acquired no rights against those who evaded military service.  (Cic. pro
the slave in consequence of his Delicts.  Other Caecina, 34.)  In certain cases, a man became a
persons might obtain rights against a slave in con- slave, if he allowed himself to be sold as a slave in
sequence of his delicts, but their right could not be order to defraud the purchaser; and a free woman
prosecuted by action until the slave was manu- who cohabited with a slave niaght be reduced to
mitted.  (Gaiuas  iv. 77.)  They had however a the same condition. [SENATUSCONSULTUM CIAUright of action against the slave's master for DIANn r.]  Under the empire the rule was esdamages, and if the master would not pay the  tablished that persons condemned to death, to the
damages, he must give up the slave.  [NoxA.] nmines, and to fight with wild beasts, lost their
The slave was protected against injury from other freedom, and their property was confiscated, whelice,
persons.  If the slave was killed, the master might concludes Gaius, it appears that they lose the
either prosecute the killer for a capital offence, or Testamenti factio. (Dig. 28. tit. 1. s. 8.) But this
sue for dalmages under the Lex Aquillia.  (Gains,  was not the earlier law.  A person so condemned,
iii. 213.)  [AQurLLIA  LENx; INJUpIA.]   The  though he lost his freedom, had no master, and
master had also a praetoria actio in duplum against consequently the hereditates and legacies which
those who corrupted his slave (ser'vS, serva) and  were left to him, were simply void; for such a
led him  into bad practices (Dig. 11. tit. 3. s. 1. person was " poenae servus, non Caesaris."  (Dig.
where the words of the Edict are given): the in  34. tit. 8. s. 3.)  A man never lost his freedom
duplum  was to twice the amount of the estimated  by usucapion.  (Gains, ii. 48.)  According to the
damage.  He had also an action against a person  old law a manifestus fur was liable to a capitalis
who committed stuprunm  with his female slave. poena and was addicted (addfcebatzcr) to the person
(Dig. 47. tit. 10. s. 25.)                         whose property he had stolen; but it was doubted
A  runaway slave (fugitivus) could not lawfully  whether the effect of the addictio was to make Ihim
be received or harboured; to conceal him  was a servus or to put him in the condition of an adjlFurtum.  The master was entitled to pursue him  dicatus.  (Gains, iii. 189.)
wherever he pleased; and it was the duty of all    By a Constitutio or Senatusconssultum of Clhinauthorities to give him aid in recovering the slave. dius (Sueton. Claude. 25) a freedman who misconIt was the object of various laws to check the  ducted himself towards his patron, was reduced to
running away of slaves in every way, and ac- his former state of slavery.  But this was not the
cordingly a runaway slave could not legally be an  rule of law in the time of Nero. (Tacit. Ann. xiii.
object of sale. A class of persons called Fugitivarii 27; see the notes of Ernesti and Lipsins on this
made it their business to recover runaway slaves. passage: and PATRONUS, LmIBRTUS.)
The rights of the master over the slave were in    The State of Slavery was terminated by MANYno way affected by his running away.  (Dig. 11. MIssIO. It was also terminated by various positive
tit. 4. De fegitivis: there was a Lex Fabia on  enactments5 either by way of reward to the slave
this subject, and apparently two Senatusconsulta  or punishment to the master.  The S-NwATt9sco'Nat least; see also Varro, de Re RAzst. iii. 14; Florus, STLTU a     SILANIANUse is an example of the former;
iii. 19, and the note in Duker's edition.)         and various subsequent Constitutions gave fieedom
A  person was a slave either Jure Gentium  or to slaves who discovered the perpetrators of certain
Jure Civili.  A person was born a slave Jure Gen- crimes. (Cod. Theod. tit. 21. s. 2.) Liberty might
tiuni whose mother was a slave when she gave also be acquired by the Praescriptio Temporis.
him birth (Gains, i. 82); for it was a legal prin- After the establishment of Christianity, it might
ciple that the condition of those who were not be- be acquired subject to certain linmitations by begotten in Justae Nuptiae was to be reckoned from  coming a monk or a spiritual person (Nov. 5. c. 2.
the moment of the birth.  A  slave born in the  and 123. c. 17. 35); but if the person left his




SERVUS.                                            SERV US.                 1039
monastery for a secular life, or rambled about in    Long however after it had become the custom to
the towns or the country, he might be reduced to  employ large gangs of slaves in the cultivation of
his former servile condition.                      the land, the number of those who served as perThere were slaves that belonged to the state and  sonal attendants still continued to be small.  Perwere called Servi Publici (Plaut. Capst. ii. 2. 85):  sons in good circumstances seem usually to have
they had the testamenti factio to the amount of one  had only one to wait upon them  (Plin. H. 1V.
half of their property (Ulp. Fr'ag. tit. 20), from  xxxiii. 1. s. 6), who was generally called by the
which circumstance it appears that they  were  name of his master with the word peor (that is,
viewed in a light somewhat different from  the puer) affixed to it, as Caijpor, Lucipor, 3loarcipor,
slaves of private persons.                        Publipor, Qezintipor, &c.; and hence Quintilian
In times of revolution under the Republic, it (i. 4. ~ 26) says, long before whose time luxury
was not unusual to proclaim the liberty of slaves  had augmented the number of personal attendants,
to induce them to join in revolt (Plat. Mar. c. 41, that such names no longer existed. Cato, when he
42); but these were irregular proceedings, and  went to Spain as consul, took only three slaves
neither justifiable nor examples for imitation. Lord  with him. (Apul..Apol. p. 430, ed. Ouden.)  But
Dunmore, the last British Governor of Virginia, during the latter times of the republic and under
at the commencement of the American Revolution, the empire the number of domestic slaves greatly
followed this bad example.            [G. L.]   increased, and in every family of importance there
The preceding account treats of the legal con-  were separate slaves to attend to all the necessities
dition of slaves in relation to their masters.  It of domestic life.  It was considered a reproach to
remains to give an account of the history of a man not to keep a considerable number of slaves.
slavery among the Romans, of the sale and value  Thus Cicero, in describing the meanness of Piso's
of slaves, of the different classes into which they  housekeeping, says " Idem coqlus, idem atriensis:
were divided, and of their general treatment.     pistor domi nullus" (in Pis. 27). The first quesSlaves existed at Rome in the earliest times of tion asked respecting a person's fortune was' Quot
which we have any record; but they do not ap- pascit servos?" (Juv. iii. 141). Horace (Sat. i. 3.
pear to have been numerous under the kings and  12) seems to speak of ten slaves as the lowest
in the earliest ages of the republic.  The different number which a person in tolerable circumstances
trades and the mechanical arts were chiefly carried  ought to keep, and he ridicules the praetor Tullius
on by the clientes of the patricians, and the small for being attended by no more than five slaves in
fitrms in the country were cultivated for the most going from his Tiburtine villa to Rome. (Sat. i. 6.
part by the labours of the proprietor and of his  107.)  The immense number of prisoners taken in
own fimily.  But as the territories of the Roman  the constant wars of the republic, and the increase
state were extended, the patricians obtained pos- of wealth and luxury augmented the number of
session of large estates out of the ager publicus, slaves to a prodigious extent.  The statement of
since it was the practice of the Romans to deprive  Athenaeus (vi. p. 272, e), that very many Romans
a conquered people of part of their land. These  possessed  10,000 and 20O000 slaves and even
estates probably required a larger number of hands more, is probably an exaggeration, but a freedman
for their cultivation than could readily be obtained  under Augustus, who had lost much property in
among the free population, and since the freemen  the civil wars, left at his death as many as 4,116.
were constantly liable to be called away from their  (Plin. H. N. xxxiii. 10. s. 47.)  Two hundred was
work to serve in the armies, the lands began to be  no uncommon number for one person to keep (Hor.
cultivated almost entirely by slave labour.  (Comn- Sat. i. 3. 11 ) and Augustus permitted even a
pare Liv. vi. 12.)  Through war and commerce  person that was exiled to take twenty slaves or
slaves could easily be obtained, and at a cheap  freedmen with him.  (Dion Cass. lvi. 27.)  The
rate, and their number soon became so great, that mechanical arts- which were formerly in the hands
the poorer class of freemen was thrown almost of the Clientes, were now  entirely exercised by
entirely out of employment.  This state of things  slaves (Cic. de Qf. i. 42): a natural growth of
was one of the chief arguments used by Licinius  things, for where slaves perform certain duties or
and the Gracchi for limiting the quantity of public  practise certain arts, such duties or arts will be
land which a person might possess (Appian, B. C. thought degrading to a freedman.  It must not be
i. 7, 9, 10); and we know that there was a pro- forgotten that the games of the amphitheatre revision in the Licinian Rogations that a certain  quired an immense number of slaves trained for
number of freemen should lie employed on every  the purpose.  [GLA)IATORES.]  Like the slaves
estate.  (Appian, B.. i. 8.)  This regulation,  in Sicily, the gladiatores in Italy rose in B. c. 73
however, was probably of little avail: the lands  against their oppressors, and unlder the able genestill continued to be almost entirely cultivated by  ra!ship of Spartacus, defeated a Rouman consular
slaves, although in the latest times of the re- army, and were not subdued till B. c. 71, when
public we find that Julius Caesar attempted to  60,000 of them  are said to have fallen in battle.
remedy this state of things to some extent by  (Liv. Epit. 97.)
enacting, that of those persons who attended to      Under the empire various enactments, mentioned
cattle a third should always be freemen.  (Suet. above (p. 1036, a), were made to restrain the cruelty
Jul. 42,)  In Sicily, which supplied Rome with  of masters towards their slaves; but the spread of
so great a quantity of corn, the number of agri-  Christianity tended most to ameliorate their concultural slaves was immense: the oppressions to  dition, though the possession of them was for a
which they were exposed drove them  twice to  long time by no means condemned as contrary to
open rebellion, and their numbers enabled them   Christian justice. The Christian writers, however,
to defy for a time the Roman power.  The first of inculcate the duty of acting towards them  as we
these Servile wars began in B. C. 134 and ended in  would be acted by (Clem. Alex. Paedayo/y. iii. 12),
B. c, 132, and the second commenced in B. C. 102  but down to the age of Theodosius wealthy pery
tlnd lasted almost four years.                     sons still continued to keep as many as two or




1040               SERVUS.                                               SERVUS.
three thousand.   (Chrysost. vol. vii. p. 633.)  markets. was under tle jluisidiction of the aediles,
Justinian did much to promote the ultimate ex-  who made many regulations by edicts respecting the
tinction of slavery; but the mnmber of slaves was  sale of slaves.  The chllracter of the slave was set
again increased by the invasion of the barbarians  forth in a scroll (titulus) hanging round his neck,
from the north, who' not only brought with them   which was a warranty to the purchaser (Gell. iv,
their own slaves who were chiefly Sclavi or Sclavo-  2'; Propert. iv.  5.1): the vendor was bound to
nians (whence our word Slave), but also reduced  announce fairly all his defects (Dig. 21. tit. 1. s. 1
many of the inhabitants of the conquered provinces  Hor. Sat. ii. 3. 284), and if lie gave a false account
to the condition of slaves.  But all the various  had to take him back within six months from the
classes of slaves became merged in course of time  time of his sale (Dig. 21. tit. 1. s. 19. ~ 6), or make
into the Adscripti Glebae or serfs of the middle  up to the purchaser what the latter had lost through
ages.                                                obtainiiisr an inferior kind of slave to what had
The chief sources from  which the Romans ob-  been warranted.  (Dig. 1 9. tit. 1. s. 13. ~ 4; Cic.
tained slabves have been pointed out above. Under  de Qff iii. 16, 17, 23.)  The vendor migh t howthe republic one of the chief supplies was prisoners  ever use general terms of commendation withbout
taken in war, wh-o  were sold by the qtnaestores  being bound to make them good.  (Dig. 18. tit. 1.
(Plaut. Cafst. Prol. 34, and i'. 2. 1, 2) with a crown  s. 43; 21. tit. 1. s. 19.)  The chief points which
oil their heads (see ahboe, p. 1038, b), and usually  the vendor had to warrant, was the health of the
on the spot where they wrere taken, as the care of a  slave, especially freedom  from  epilepsy, and that
large number of captives was inconvenlient.  Con-  Ire had not a tendency to thievery, running away,
sequlently slave-dealers generally accompanied anl  or commnitting suicide. (Cic. de W0f. iii. 17.)  The
arm:-, and frequently after a great battle had been  nation of a slave was considered imnportant, and
gained many thousands were sold at once; when the  had to be set forth by the vendor. (Dig. 21. tit. 1.
slave-dealers obtained them for a mere nothing. In  s. 31. ~ 21.)  Slaves sold without any warranfy
the camp of Luculllus on one occasionl slaves were  wore at the time of sale a cai. (pile-s) upon their
sold for four drachmae each.  The slave trade was  head. (Gell. vii. 4.)  Slaves nevly imported were
also carried on to a great extent, and after the fall  generally preferred for common work; those who
of Corinth and Carthage Delos was the chief mart  had served long were considered artful (veteratores,
for this traffic.  When the Cilician pirates had  Ter. Hleaut. v. 1. 16); and the pertness and impossession of the Mediterranean as many as 1]0,000  pudence of those born in their master's house
slaves are said to have been imported and sold  (vernze, se eabove, p. 1038) wereproverbi-nl. (er-nae
there in one day,  (Strab. xiv. p. 668.)  A large  rsocrcees, leor. Sat. ii. 6. 66; Mart. i. 42, x. 3.)
number came from Thrace and the countries in the       The value of slaves depended of course upon
north of Europe, but the chief supply wais from   their qualifications; but under the elrpire the inAfrica, and more especially Asia, whence we fre-  crease of liuxury and the corruption of morals led
quently read of Phrygians, Lycians, Cappadocians,  purchasers to pay  immense sums for heautiull
&c. as slaves.                                       slaves, or such as ministered to the caprice or whim
The trade of slave-dealers (iansgonzes) was con-  of the purchaser.  Eunuchs alwa s- fetched a versy
sidered disreputable, and expressly distinguished  high price (Plin. IIT. N. vii. 39. s. 40), and MXlartial
from  that of merchants (?2anzqones non zerscatores    (iii. 62, xi. 70) speaks of beautifill boys who sold
sed renaliciarsii appellaluter, Dig. 50. tit. 1 6. s. 207;  for as much as 100,000 or 200,000 sesterces each
Plaut. Trin. ii. 2. 51); but it was very lucrative,  (8851. 8s. 4dcl. and 17701. 16s. Od.).  A  7zoreio or
and great fortunes were frequently realized from it.  fool'sometinles sold for 20,000 sesterces. (Mart.
The slave-dealer Thoranius, who lived in the time  viii. 13.)  Slaves who possessed a knowledge of
of Augustus. was a well-known character.  (Suet.  any art which might bring in profit to their owners,
lugc/. 69; Macrob. Sat. ii. 4; Plin. II. N. vii. 12.  also sold for a large sumn.  Thus literary men and
s. 10.')  Martial (viii. 13) mentions another cele-  doctors frequently fetched a high price (Suet; de
brated slave-dealer in his time of the namne of Gar-  Ill. Gram..; Plin. II. V. vii. 39. s. 40), and also
gilianus.                                            slaves fitted for the stage, as we see from Cicero's
Slaves were usually sold by auction at Rome.  speech on behalf of Q. Ioscius.  Female slaves
They were placed either on a raised stone (hence  who might bring in gain to their masters by prosde Icpide eoltuZs, Cic. ini Pis. 15; Plaut. Bacc/h. iv. titution were also clear:  sometimes 60 minae were
7. 17), or a raised platform (cctaste, Tibull. ii. 3.  paid for a girl of this kind.  (Plaut. Peos. iv. 4.
60; Persius, vi. 774 Casaubon, cad loc.), so that  113.)  Five hundred drachmae (perhaps at that
every one might see and handle them, even if they  time about 18!.) seenm to have been a fair price for
did not wish to purchase them.  Purchasers nsn-  a good ordinary slave il the time of Horace. (Siat.
ally took care to have them stript naked (Senec.  ii. 7.43.)  In the fourth century a slave capable
Ep. 80; Suet. Aug. 69), for slave-dealers had re-  of bearing armss was valued at 25 solidi or aurei.
course to as many tricks to concealpersonal defects  [AURnTAI, p, 182, a.]:  (Cod. Theod. 7. tit. 13. s.
as the horse-jockeys of modern times: sometimes  13.)  In1 the tiue of Justinian the legal valuatiolr
purchasers called in the advice of medical men.  of sl'ves was as follows: colllmon slaves, both.
(Claudiain, in E1utrop). i. 35, 36f)  Slaves of great  male and female, were valued  at 20 solidi a
beauty anld rarity were not exhibited to public  piece, and under ten years of age at half that
gaze in the common slave-market, but were shown  sum; if they were artificers, they were worth 30
to purchasers in private (a'ce2tno talzslata catastae, solidi, if notarii 50, if medical men or midwives
Mart. ix. GO),  Newly imported slaves liad their  60; eunuchs under ten years of age were worth
feet whitened with chalk (Plin. /I. N. xxxv. 17.  30 solidi, above that age 50, and if they were
s. 58; Ovid. Am. i. 8. 64), and those that came  artificers also, as much as 70.  (Cod. 6. tit. 44.
from  the East had their cars bored (Juv. i. 104),  s. 3.)  Female slaves, unless possessed of personal
which we know was a sign of slavery amolng manly  attractions, were generally  cheaper than male.
Eastern nations.  The slave-market, like all other  Six hundred seisterces (about 5/.) were thought too




SERVUS.-                                              SERVUS.                    1041.
much for a slave girl- of indifferent character in the  they generally had certain slaves uider them.  To
time of Martial (vi. 66); and two aurei or solidi  this class the actores, procuratores and dispeosatores
were not considered so low  a price for a slave girl  belong, who occur in the familia rustica as well as
(aCncilla) in the time of Hadrian as to occasion  the familia urbana, but in the former are almost
doubt of her having come honestly into the hands  the same as the villici.  They were stewards or
of the vendor.  (Dig. 47. tit. 2. s. 76.)  ~We have  bailiffs. (Colum. i. 7, 8; Plin. Ep. iii. 19; Cic. ad
seen that in the time of Justinian the legal value  Att. xi. 1; Suet. Galb. 12, Flesp. 22.)  To the same
of female slaves was equal to that of males; this  class also belong the slaves who had the charge of:
may probably have arisen from  the circumstance  the different stores, and who correspond to our
that the supply of slaves was not so abundant then  housekeepers and butlers: they are called cellsarii,
as at earlier times, and that therefore recourse was pI2omi0, condi, procouratores pezi, &c.  [CELLA.]
had to propagation for keeping up the number of          Vlhccres included the great body of slaves in a
slaves.  But under the republic and in the early  house who had to attend to any particular duty iln
times of the empire this was done to a very limited  the house, and to minister to the domestic wants
extent, as it was found cheaper to purchase than  of their master.   As there were distinct slaves or
to breed slaves.                                      a distinct slave for almost every department of. Slaves were divided into many various classes:  household  economy, as bakers (pistores), cooks
the first division was into public or private.  The  (coqui), confectioners (cllciarii), picklers (salmen-.
former belonged to the state and public bodies,  tarii), &c. it is unnecessary to mention these more
and their condition was preferable to that of the  particularly.  This class also included the porters
common slaves.  They were less liable to be sold,  (Ostiarsii), the bed-chamber slaves [CUrJ cuLAAII]j
and under less control than ordinary slaves: they  the litter-bearers (lecticarii) [LECTICA], and all
also possessed the privilege of the testamnenti factio  personal attendants of any kind.
to the amount of one half of their property (see         Ielcdicastidli.  [MEDIASTINI.]
above, p. 1039, a), which shows that they were re-       Quales-Queles are only mentioned in the Digest
g'arded in a different light from other slaves.  Sci-  (1. c.), and appear to have been the lowest class of,pio, therefore, onl the taking of Nova Carthago,  slaves, buht in what respects they differed from the
promised 2000 artizans, who had been taken pri- IMediastini is doubtful: Becker (Gallus, vol. i. p.
soners and were consequently liable to be sold as  125) imagines they may have been a kind of slaves'
common slaves, that they should become public  qctliquali conditione  viventes, which however does
slaves of the Roman people, with a hope of speedy  not give us any idea of their duties or occupations.
manumission, if they assisted him in the war. (Liv.    Literati, literary slaves, were used for various
xxvi. 47.)  Public slaves were employed to take  purposes bytheir masters, either as readers [ANAcare of the public buildings (compare Tacit. Hist.  GNOSrAB], copyists or amanuenses [LLBRARII;
i. 43), and to attend upon magistrates and priests.  A]IANU:ENSIS], &C.  Complete lists of all the
Thus the Aediles and Quaestors had great numbers  duties performed by slaves are given in the works
of public slaves at their command (Gell. xiii. 13),  of Pigiorius, Popma, and Blair, referred to at thl
as had also the Triumviri Nocturni, who employed  close of this article.
them to extinguish fires by night.  (Dig. 1. tit. 15.    The treatment of slaves of course varied greatly
s. 1.)  They were also employed as lictors, jailols,  according to the disposition of their mnasters, but
iexecutioners, watermen, &c.  (Comp. Gessner, De  they appear upon the whole to have been treated
Servis- Roilsanormss publicis, Berlin, 1844.)         with greater severity and cruelty than among the
A  body of slaves belonginlg to one person was  Athenians.  Originally the master could use the
called fismilia, but two were not considered sufli-  slave as ihe pleased: under the republic the law
cient to constitute a Jfiessilia.  (Dig. 50. tit. 16.  does not seem  to have protected the person or life
s. 40.)  Private slaves were divided into urban  of the slave at all, but the cruelty of masters was
(femi2lia urbana) and rustic (fermilia rustice); but to some extent restrained aunder the empire; as has
the smame of urban was -given to those slaves who  been stated above (p. 1036, b). The general treatserved iniithe villa or country residence as well as  ment of slaves, however, was probably little affected
in the town house; so that the words urban and  by legislative enactments.  Isn early times, when
rustic rather characterized' the nature of their oc-  the number of slaves was small, they were treated
cupations than the place where they served.  ( Ur-  with smore indulgence, and more like members of
bsana fsnsilia et r'sticSa no01 loco, sed geenere distiL-  the fit mily: they joined their masters iII offering
guitltur, ~Dig. 50. tit. 16. s. ] 66.)  The famnilia  up prayers and thanksgivings to the gods (Hor. El.;
urbana could therefore accompany their master to  ii. 1. 142), and partook of their meals in commons
his villa without being called rustica on account of with their masters (Plut. Coriol. 24), though not
their remaining inl the country.  When there was  at the same table with them, but uponl benches
a large number of slaves in one house, they were  (subselliar) placed at the foot of the lectus.  But
frequently divided into decuriae (Petron. 47): but  with the increase of numbers and of luxury among
independent of this division they were arranged in  masters, the ancient simplicity of manners was
certain classes, which held a higher or a lower rank  changed: a certain quantity of food was allowed
according to the nature of their occupation.  These  them  (dimslenlseiz or cleze2nsuzs), which was granted
classes are: Orcdialrti, Vulgares, Aiediastiusi, and  to them  either monthly (nzenzstlruumn, Plaut. Stich.
Qeales-Queales (Dig. 47. tit. 10. s. 15), but it is  i. 2. 3), or daily (diiuzm,   Hoer. Ep. i. 14. 41;
doubtful whether the Literali or literary slaves  Mart. xi. 108).  Their chief food was the corn,
were included  in any of these classes.  Those   called fir, of which either four or five modii were
called Vicarii are spoken of above (p. 1037, b).      granted them a month (Donat. in Ter. Phosuorm. i. 1.
IC) dinarii seem- to have been those slaves who  9; Sen. Ep. 80), or one Roman pound (liblsa) a day.
had the superintendence of certain parts of- the  (Hor.Sat. i. 5.69.) They also obtained an allowance
housekeeping.  They -were always chosen  from   of salt and oil: Cato (h'.R. 58) allowed his slaves
those who had the confidence of their master, and  a sextarius of oil a month and a nlodius of -salt a
3 x




1042               SERV US,                                           SESTERTIUS.
year.  They also got a small quantity of wine with I information respecting the different classes of slaves
an additional allowance on the Saturnalia and  and thlleir various occupations.  Other sepulchres
Compitalia (Cato, R. R. 57), and sometimes fruit, of the same time have been also discovered in the
but seldom vegetables.  Butcher's meat seems to  neighbourhood of Rome.
have been hardly ever given them.                      (Pignorius, (de Servis et eorIum-  aud  F7eter'e
Under the republic they were not allowed to  illinisteriis; Popma, de Operis Servorzu; Blair,
serve in the army, though after the battle of Can-  -i Fn2qubiy ito t/ie' State of Slaviery amoS2s    tilfe
nae, when the state was in such imminent danger, IRomans, Edinburgl, 1833; Becker, Galluts, vol. i.
8000 slaves were purchased by the state for the  p. 103, &c.)
army, and subsequently manumitted on account of    SESCUNX.  [As, p. 140, b.]
their bravery.  (Liv. xxii. 57, xxiv, 14-16.)          SESQUIPLA'RES  and  SESQUIPLA'RIT.
The  offences of slaves were  punished  with  [ExEacITvS, p. 509, a.]
severity and frequently the utmost barbarity. Onle    SESTE'RTIUM, a place outside Romne, disof the mildest punishments was the removal fiom   talt two Roman  mniles and a half (whence the
the familia urbana to the rustica, where they were  nlnlie) from  the Esquiline gate, where slaves and
obliged to work in chains or fetters.  (Plaut. ilfo:st. malefactors of the lowest class were put to death
i. 1 18; Ter. Pihor07. ii. 1. 20.)  They were fre-  (Schol. ad [or. Epod. 5; Ilut. Galb. 28; in bocun
quently beaten with sticks or scourged with the  (i.e. Sestertizmi) sienili/zs 7oelis sepositimo, Tac.
whip (of which an account is given under FLA- Ann. xv. 60).
CRum), but these were such every-day punishments,    SESTE'RTIUS,   a Romlan coiln, which properly
that many slaves ceased almost to care for them::  belonged to the silver coinage, in which it was onethus Chrysalus says (Plant. Bacldd. i. 3. 131),   fourth of the denarius, and therefore equal to 2}1
i illi sunt virgae ruri, at mihi tergumn est domi."  asses.  Ience the namne, which is an abbreviation
of semis tertise  (sc.?2mrlneals), the Roman mode of
Runaway slaves (fitgilii) and thieves (fi'es)  expressing 29.  (Varro, L. L. v. 173, ed. MIiiller;
were branded on the forehead with a mask (stqma)ac), Festus, s. v.; Plin. l..Ar xxxiii. 3. s. 13.)  The
wvhence they are said to be notati or ilscripti.  word N.Aemln2us is often expressed with scstcrties,
(Mart. viii. 75. 9.)  Slaves were also punished by  and often it stands alone, meaning sesterlties.
being hung up by their hands with weights sus-    Hence the symbol.H  S or I I S, which-is used
pended to their feet (Plant. Ashi. ii. 2. 37, 38), or  to designate the sestertius.  It stands either for
by being sent to work in the Ergastulum or Pistri-  L L S (Libra Libra et Sremis), or for II S, the tvwo
num.  [ERGAsTvLusM;  foLA].  The carrying of I's merely forming the numeral two (sc. asses or
the firca was a very common mode of punishment. librae), and the whole being in either case equi[FuRcA.]  The toilet of the Roman ladies was a  valent to dzepondius et semis. (Priscian, de Ponder.
dreadful ordeal to the female slaves, who were often  p. 1347; Festus, p. 347, Mller.)
barbarously punished by their mistresses for the       When the as xmas reduced to half an ounce, and
slightest mistake in the arrangement of the hair or the number of asses in the denarius wa-s made
a part of the dress. (Ovid. Am. i. 14. 15, Ar. Am-. sixteen instead of ten [As, DEN.ARIUS], the sesiin. 235; Mart. ii. 66; Juv. vi. 498, &c.)          tertius was still ~ of the denarius, and therefore
Masters might work their slaves as many hours contained no longer 21, but 4 asses. The old reckin the day as they pleased, but they usually allowed  oning of 1 0 asses to the denarius was kept, howthem holidays on the public festivals.  At the fes- ever, in paying the troops. (Plin. xxxiii. 3. s. 13.)
tival of Satumrns in particular, special indulgences After this change the sestertius was coined in brass
were granted to all slaves, of which an account is as well as in silver; the metal used for it was that
given under SATURNALIA.                              called ORICsHALCueM, which was unmuch finer than
There was no distinctive dress for slaves.  It the comlmon aEs, of' which the asses were made
was once proposed in the senate to give slaves a  (Plin. iH.. xxxiv. 2.)
distinctive costume, but it was rejected since it    The sum of 1000 seslertii was called sesterotiuem.
was considered dangerous to show  them  their  This was also denoted by the symbol H  S, the
sTumber. (Sen. de Clem. i. 24.)  Male slaves were  obvious explanation of which is "   I S (2') milnot allowed to wear the toga or bulla, nor females lia;" but Gronovius understands it as 21 pounds
the stola, but otherwise they were dressed nearly  of silver (seste'tiliue pondigs argenti), which he conin the same way as poor people, in clothes of a dark  siders to have been worth originally 1000 sestertii,
colour (pullatti) and slippers (crejpidae).  (Vestis  and therefore to have represented this value ever
servilis, Cic. in Pis. 38.)                         after. (Pec. Vet. i. 4, 1 1.)  The sestertimnt  was al
The rights of burial, however, were not denied wvays a sunm of money, never a coin,; the coim used
to slaves, for as the Romans regarded slavery as an  in the payment of large sums was-the denarius.
institution of society, death wvas conlsidered to put    According to the value we have assigned to the
an end to the distinction between slaves and free- DENAInrUS, up to the time of Augustus, we hai-e
nmen.  Slaves were sometimes even buried with
their masters, and we find funeral inscriptions ad-           tsesttius         0   0.
dressed to the Dii Manes of slaves (Dis MAla/nibus).          the sestertiam    8 17   1 
It seems to have been considered a duty for a master after the reign of Augustus
to bury his slave, since we find that a person, who           the sestertins        0  0  1 35
buried the slave of another, had a right of action            the sestertium  = 7 16  3
against the master for the expenses of the funIeral.
(Dig. 11. tit. 7. s. 31-)  In 1726 the burial vaults    Taking the earlier value of the sestertius, and
of the slaves belonging to Augustus and Livia were  neglecting the half farthing, we have 1 sestertius
discovered near the Via Appia, where numerous, two-pence, 6 sestertii =, 1 shilling, and 120 sesinscriptions were found, which have been illustrated  tertii = It. sterling.  Hence we get tile following
by Bianchini and Gori and give us considerable  very convenient RULE: to convert sestertnii into




SESTERTIUS.                                         SIBYLLINI LIBRI                   1043
Pounds sterling divide by 120; acatl correct tye re-  sestertius'is applied to other kinds of magnitude,
suit by addbig to it the quotient obtained by dividina e..es sesltertius for 2- feet.
the original number by 1920: for'5 of a farthing is    It has been assumed throughout this article that
yto  -of a pound.                                     the formns of sesteriium, as a neuter singular, ari
The sestertius was the denomination of money  genuine,  a fiact wvhich may admit of doubt.
almnost always  used  in  reckoning  considerable         Sestere is sometimes used as an English word.
amounts.  There are a very few  examples of the  if so, it ought to be used only as the translation of
use of the'denarius for this purpose.  The umode of sesteirtes, never of sestertila.               [P. S.]
reckoning was as fillows:                                 SEVIR.    [EQUITES,  p. 45, a; Au7usrALa,,iSesertins - sestetiuns aU7niumns --- annins. 2p. 180, b.]
Sums below 1000 sesterti   were  expressed by the        SEX  SUFFRA'GIA.   [Eq urrEs.
numeral adjectives joined with either of these forims.    SEXATRUS.    QiN\ quATIti IS.
The sumn  of 1000 sestertii      m sic  sestertli -    SEXTANTS.   [A, p. 140, b..
M  sestertihan (for sestertiosin)L -   M    n~i =  Mi     SEXTA'RIUS,  a Roman dry and lilquid mea~ntolanl  (for aIoriL) i-  nsteiu ti.sure,s which  may be considered one of the principal
nummum (for humerun?0111):= Mv sesertii numni:
sestr~ti s a n, ns.caste, m'1 Those formsmeasures in the Roman system, and the connecting
are used with the numeral adjectives below 1000. point between it ad that of the Greeks, for it was
equal to the /]E'arlq of the latter; and. there can
for sums betw-een 1000 and 1,000,000 sestertii e'qul to tie doubt          ie of the latter;   an   there can
sometimes gniilia is used instead of sestertia: somesometimes m12ilie is sued insteard  of sestetits~ soiue be  little doubt that the   o'~'r/s was not an original
times both ords  re omitted   soetimes    Greek measure, but that the word was introduced
r sescbiot tin   is aridded.     or oiimpnie  6a00u000   into tie Greek system  from  the Roman, for the
sestertii s    sscsaeat  sesterteia.    sescenita snigiu - a purpose of establishing a unit of agreement, [QUA Dsestertaii   seseenta, sesterlia  = ssumm,uim. a= 
sesccet   -  sesce~ta sesteti  ainiiimA          L.r,.   It was one-sixth of the cangius, and
nsed   sumsef a thousanda ti. (e il   hence its niame: in the Greelk system  it was oneFor sunms  of a thousand  sesiertia (i. C. a million
sixthl of the ceous.  It wvas divided, in the sanme
ssstertU)  and upwardsn the  umeralAs, into parts named   nci, sex
(iecies, Unadclies, vicies, Cce.) are tsed,              a       sith n-hich      part  named       ia, sethe nwords centenat,mili(a  (a hundred  tlmosaid)  tens, qadrcns triens, quiineinr, seisssis, &c.  rho
must be understood  th these  d bs  the  uncl, or twelfth part of the sextarius, was the
must be uuderstood    With  these adverb.s the
CYAT'ius; its seagia.ns was therefore two  eyath],
neuter singular sestertiam  is joined in the case re-  C            its stas  as terefr   to  cath,
quired by the construction.  (Nepos, At. xi-v.    its qua ns                  its   ils ou   its qnan
gives sestertio vicies ains  sestesrtio tenties.)                 (V  uiss de Iossd. &e. p. 118, camp, the
five., &C. (AVam'm11 (IC Pond. &Sc. P. l 18, comp. the
decies sesterties h-decics entena msritio  se1s.e) tiThm    Tables.)                               [P.S.]
hdecss ti~sesta ~deietsa ces-ten est eoo o SE'XT i ULA,  the sixth  part of the uncia, was
iei timzes n~a hundred tl~o,~~sctnd sesle~t~ii __- 1,000,000
s    nsterti    1000 sesndrtid thn sandies 1I =  milies a-  the smallest denomination of money in use among
esasilie=I  sstertiin athesi iiSidtis s eia   i-  the Romans.  (-arro, L.L.  v. 171, ed. Mtiller.)
tered m:dllla sestertium =  a thousand  times one hundred thous   estti  100,000,000 sestii =   It was also applied, like the uncia, to other kindi
elred thousand sestertii = — 100,000,000 sestertii = —mgiud.[.,ii]I[.S
100,000 sestertia.    Wlhei   an ainousnt is describe   d of magnitude.   [U cLI.]               [P. S.]
I 0500  ssteti..Whn a  amun  isdecried    SIBYLLI'NI LIBRI.  These books are said
by more thban one of these adverbs in ies, they must  St BYLLINIe  Lo BRI. these books are said
he added to eth~er it th~e 1  ar iiumer-d stanllds first,  to have been obtained in the reign of Tarquinius
be added tog-ether if the larger inumeral strands first,
but multiplied when the smaller is first; care how-                                                       o
TPriscus,     Superbus, when  a Siby   ( le \Xat ora
ever being taken not to reckon the etema mili  aqius Supeus   hen    Sibl
which is understood, more than once, ii the vwhole  prophetic woman; presented herself before the king,
and offered nine books for sale.  Upon the king
amount. I Thus,  Suetonius (Octav. 101) has.millies
el quilylentiesfor 150,OO0 sestertia, i. e. 100,000,000
et quliaerties for 150,000 sestertia, ~i. e. 100,60o,00   refusing  to  purchase   them  she  went and burnt
three, -and then returned and demanded the same
+ 50,000,000 =  150,000,000 sestertii, and iiaraeprice for the remaining six as she had done for the
diately after quaterdlecies millies for 1,400,000 ses-  price fo the emaining    six as  she hd done for the
tertia,i. e,.14 x 1000 + 100,000 (=1,400,000,000)   ine.   he  in   gin  refused to purase the,
sestertii.  A  variety was allowed in these forms:  whereupon she bunt three more and demanded the
same stuni for the. remaining three. as she had clone at
thus Cicero uses decies et ocbiagenhe snillia, for 1800          for the remaning  thuee -s she had doue at
sstertia,.,000,00    00,000  sestetii d   first for the nine   the king's curiosityv now became
sestertia,  i. e. 1,000,000 + 0800,000 sestertii,,andI
1400    tt   i     14   100000  excited, so that ihe purchased the books, and then
quaterdecies for 1400 sestertia, i. e. 14 x 100,000
asterdeies for  soses. is,. Xthe Sibyl vanished.  (Dionys. iv. 62; Vanro, a?.
sestertii. (/iii Var. i. 39.)
sestertii. (In Trer. i. 39.)               actant. i. 6; Gel]. i. 19   Plin. ti'..hr xiii. 27:When the numbers are written in cypher, it is    at                    ll     19PlI..   x.  2
respecti~!g the different Sibyls mentioned by anoften difficult to know whether sestertii or sestertia espectig   te dieent  Sibs   ntioed    by acient writers see DIVINaTIO,p.  416, b.) These books
are meant.  A  distinction is sometimes made bv a
a~~~~~~~~~~~~~wre men.I   itnto   ssmtmsnneb        ecprob~ably  written in Greek;, as the later ones
line placed over the numeral when sestertica are       were pobbly    ttn in Geek, as the later ones
tended, or in other words, when the numeral is il  undoubtedly  were,  and if so consequently came
from  a Greek  source,  though it is doubtful from
adverb in ies. Thus ~ -
Hadver  in iCs.  TI0rhsuis    ibut                    what quarter: Niebuhr (Hist. q' Rose, vol. i. p.
HS. M5C. =C 1100 sestertii, but                      506) supposes thenm to have come from  Ionia, but
HS. MC. C=  IS millies centies                      they were more probably derived from  Cumae in
=  110,000 sestertia =  110,000,000  Campania. (Gittling, Gescb. der RdMnz. Staatsv. p.
sestertii.                                             212.)  They were kept in a stone chest under
Wurm  (p. 24) gives the following runile: When  ground in the temple of Jupiter Capitolinis, under
the numbers are divided  into three  classes by  the custody of certain officers, at first only two in.points, the right-hand division indicates units, the  number, but afterwards increased successively to
second thousands, the third hundreds of thousands.  ten -aud fifteen, of whom an account is given under
Thus, 1H. XII. DC= 300,000 + 12,000 + 600 =   Dacraeiiss', p. 387, a.  The public were not al3'12,600'sestertii.  But these distinctions are by  iowed toinspect the books, andthey were only coiao means strictly observed in the manuscripts.         sulted by the officers, who had the charge of them,
Like other parts and multiples of the as, the  at the special command of the senate (ad libros ire,
3x2




.1044        SIBYLLINI LIBRI.                                   SIGNA'MILITAI lA.
Cic. de Div. i. 43; Liv. xxii. 57).  They were' the burning of the temple on the Capitol,'were
consulted in the case of prodigies and calamities, undoubtedly. written in Greek verses, and were
buet it is difficult to ascertain whether they contained  acrostics (,&KpoO-rXiL,   Cic. de Div. ii. 54,; Dionys.
predictions, or mnerely directions as to what was to  1. c.).  Along with the Sibylline books were prebe done for conciliating or appeasing the gods, in  served under the guard of the same officers the
consequence of the mystery which enveloped them  books of the two prophetic brothers, the Marcii
-from the time that one of their keepers was put to  (Serv. ad Firy. Aen. vi. 72; Cic. de Div. i. 40,
death for divulging their secrets. (Dionys. I. c.; ii. 55), the Etruscan  prophecies of the nymph
Valer. Max. i. 1. ~ 13.)  Niebuhr remarks from  Bygoe, and those of Albuia or Albunea of Tibur.
the instances in Livy, that the original books were  (Lactant. i. 6.)  Those of the Marcii, which had
not consulted, as the Greek oracles were, for the  not been placed there at the time of the battle of
purpose of getting light concerning future events; Cannae, were written in Latin:   a few remains of
but to learn what worship was required by the  them have come down to us in Livy (xxv. 12) and
gods, when they had manifested their wrath by  Macrobius (Sat. i. 17).  See Niehuhr, vol. i. 1.
national calamities or prodigies.  Accordingly we  507; Giittling, Geschz. d. Roin. Staatsv. p. 213'
find that the instruction they give is in the same  Hartung, Die Religion d. Rvsser, vol. i. p. 129, &c.
spirit; prescribing what honour was to be paid to    SICA, dima. SICILA, whence the English sickle,
the deities already recognized, or what new ones  and SICILICULA  (Plaut. Red. iv. 4. 125), a
were to be imported from abroad. They were pro- curved dagger, adapted by its form to be concealed
bably written on palm-leaves (Serv. ad Virg. Aesn. under the clothes, and therefore carried by robbers
iii. 444, vi. 74), and it is not unlikely that the  and murderers.  [AcINACES.]  (Cic. Cat. iii. 3.)
leaves of the Cumaean Sibyl described by Virgil Sica may be translated a scimitar to distinguislh
were designed as an allusion to the form of the  it from  PUGIO, which denoted a dagger of the
Sibylline books. Their nature being such, Niebuhr  common kind.  Sicasiels, though properly meaning
supposes that they were referred to in the same  one who murdered with the sica, was applied to
way as Eastern nations refer to the Koran and to  murderers in general. (Quintil. x.  ~ 12.) Hence
Hafiz: they did not search for a passage and apply  the forms de sicariis and inter sicairios were used in
it, but probably only shuffled the palm leaves andl the criminal courts in reference to murder.  Thus
then drew one.                                    jcdicizms inter sicarios, "a trial for murder" (Cic.
WVhen the temple of Jupiter Capitolinus was pro Rose. 5); defezndere inter sicarios, " to defend
burnt in B. C. 82, the Sibylline books perished in  against a charge of murder " (Phil. ii. 4). [J. Y.]
the fire; and in order to restore them, ambassadors    STCA'RIUS. [SICA; LEx CORNELIA, p. 687.1
wele sent to various towns in Italy, Greece, and    SICILICUS.  [SCRPUvLuas; UNCIA.]
Asia Minor, to make fiesh collections, which on    SIGILLA'RIA.  [SATUItNALIA.]
the rebuilding of the temple were deposited ill the    SIGMA.  [MENsA.]
same place that the former had occupied. (Dionys.    SIGNA   MILITA'RIA   (rel/sUa,  estCieal),
1. c.)  But as a great many prophetic books, many  military ensigns or standards.  The most ancient
of them pietending to be Sibyllilne: oracles, had got standard employed by the Roemanls is msoid to have
into general circulation at Rome, Augustus corn- been a handful of straw fixed to the top of a spear
manded that all such books should be delivered up  or pole.  Hence the company of soldiers, belonging
to the praetor urbanus by a certain day and burnt, to it, was called Alfanipelzss.  [ExERCITUS, p.
and that in future none should be kept by ally  500, b.]  The bundle of hay or fern was soon suc,
private person.  More than 2000 prophetic books  ceeded by the figures of animals, of which Plilly
were thus delivered up and burnt, and those which  (H. N. x. 4. s. 5) enumerates five, viz. the eagle,,
were considered genuine and were in the custody  the wolf, the minotaur (Festus, s.v. Aiinotacu.),
of the state were deposited in twvo gilt cases at the horse, and the boar.  In the second consulship
the base of the statue of Apollo, in the temple of of Marius, B. c. 104, the four quadrupeds were enthat god on the Palatine, and were entrusted as tirely laid aside as stanldards, the eagle being alone
before to the Quindecemvi. (Suet.Ausg. 31; Tacit. retained.  It was made of silver, or bronze, and
Alni. vi. 12.)  The writing of those belonging to  with expanded wings, but was probably of a small
the state had faded by time, and Augustus coln- size, since a standard-bearer (signifer) iunder Julils
meanded the priests to write thenl over again.  Caesar is said in circumstances of danger to havoe
(Dion Cass. liv. 17.)  A fresh examination of the  wrenched the eagle from its staff and concealed it
Sibylline books was again made by Tiberius, and  in the folds of his girdle. (Flor. iv. 12.)
many rejected, which were considered spurious.    Under the later emperors the eagle was carried,
(Dion Cass. lvii. 18.)  A  few years afterwards, as it had been for many centuries, with the legion,:
also in the reign of Tiberius, it was proposed to  a legion being on that account sometimes calle&d
add a new volume of Sibylline oracles to the re- aquila (Hirt. Bell. rliesp. 39), aud at the same tisme
ceived collection. (Tacit. 1. c,)                  each cohort had for its own ensign the serpent or
The Christian writers frequently appeal to the  dragon (draco, 6pdcwov,), which was woven on a
Sibylline verses as containing prophecies of the  square piece of cloth (textilis asguzis, Sidon. Apoll.
Messiah; but these in most cases are clearly  Ca7rie. v. 409), elevated on a gilt staff, to which a
forgeries.  A complete collection of Sibylline ora- cross-bar was adapted for the purpose (Thlenlist.
cles was published by Gallaeus, Amst. 1689: frag-  Orat. i. p. 1, xviii. p. 267, ed. Dindorf; Clauments of. them  have also been published by Mai, dian, iv. Coins. Floenor. 546; vi. Cons. ioenor. 566),'
Milan 1817, and Struve, Regiomont. 1818. (Comn-  and carried by the draconaeiss.  (Veget. de Ra
pare  Heidbreede, de Sibyllis Dissetat., Berol. iil. ii. 13; compare Tac. Ann. i. 18.)
1835.)                                               Another figure used in the standards was a ball
The Sibylline books were also called Fatae Sibyl-' (pile), supposed to have been emblematic of the
lina (Cic. Cat. iii. 4), and Libri Fatales.  (Liv. v. dominion of Rome over the world (Isid.- Orig.:
15, xxii. 57.)   Those that were collected after xviii. 3); and for the same reason a bronze figure




SIGNA  MILITARIA.                                  SIGNA  MILITARIA.               1045
of Victory was sometimes fixed at the top of the
staff, as we see it sculptured, together with small    \
statues of Mars, on the Column of Trajan and the
Arch of Constantine.  (See the next woodcut, and
Causeus de Siy. irn Go-evii Tlhes. vol. x. p. 2529.)
Under the eagle or other emblem was often placed
a:-head of the reigning emperor, which was:to the
army the object of idolatrous adoration. (Josephus,
B. J. ii. 9.~2; Suet. Tiber. 48, Calig. 14; Tac. 
Ann. i. 39, 41, iv. 62.)  The: name of the e           amperor, or of him who was acknowledged as emperor,
was sometimes inscribed in the same situation.          K  
(Sueton.' respas. 6.)  The pole, used to carry the       9
eagle, had at its lower extremity an iron point 
(cuspis) to fix it in the ground, and to enable the,  
taquislfer in-case of need to repel an attack. (Suet.                                <    /
Jul. 62.).......
The minor divisions of a cohort, called centuries,                                          i
had also each an ensign, inscribed with the number both of the cohort and of the century.  By
this provision, together with the diversities of the
soldier was enabled with the greatest ease to take
his plnce. (Veget. 1. c.)                  ever 
In the Arch of Constantine at Rome there are
four sculptured panels near the top, which exhibit
a great number of standards, and illustrate some of to adv ance (Caesar, B C. i. 2, ii. 25), seferre to
the forms here described.  The annexed woodcut retreat, and caesatee to face abouti e2 /lru5, or
____________________________________________-  0castris  vellere,   to  march   out  of  the   camp.: (Virg.
Georg. i. 108); ad siluna convenaine, to re-assemble.
\ r.~ -            |1   (Caesar, B. G. i. 1. 37.)  Notwithstandinig some
obscrity  in the use of terms, it appears that,
_ _  I  whilst the standard of the legion was properly.; i_  ~,_                   ll |11 < ~called aquila, those of the cohorts were in a special
KIT 1l    l a  4      )y  1 1  1l   sense of the term called signa, their bearers being
signiferi, and that those of the manipuli or smaller
divisions of the cohort were denominated vex/ill,
their bearers being vexillarii.  Also those who
-| |                 fought in the first ramlks of the legion before the
I   standards of the legion and cohorts were called
antesigcnani. (Caesar, B.C. i. 43, 44, 56.) A pecu.:
I\'ID~ S 1 1   1~ltih"rY\. ~  CN | | liar application of the term  vexillarii is explained
N  7        _ion p. 507, b.
/i               507 b.'  [In  mIilittary   stratagems it was sometimes neces[{~" (/~"~1!'~{'i~i!}i~!'.~{ ~1~\~5~.~!~}~  t1'  sary to conceal the standards.  (Caesar, B. C. vii.
45.)  Although the Romans commonly considered
~q i~~il,~  ~lsita point of honourt to preserve their sta                   ndards, yet
threw  them  among the ranks of the enemy in'D 111r)  IOIXg1Y<X   |111&tkl1    order to divert their attention or to animate his
D  Cllo    1.>lw1,\Elltt~jU1SE, %1\\ 8 11 1 lown soldiers. (Florus, i. I 1.) A wounded or dying
~___iIJ_______________     _j         standard-bearer delivered it, if possible, into the
------ ---- -                              hands of his general (Florus, iv. 4), frot w-hom he
had received it (signis acceptis, Tac. Ann. i. 42).
is copied from two out of the four. The first panel  In time of peace the standards were kept in the
represents Trajan giving a king to the Parthians: AERARIUv M under the care of the QAEsToa.:
seven standards are held by the soldiers.  The    We have little information respecting the standsecond, containing five standards, represents the  ards of any other nation besides the Romans.
performance of the sacrifice called suovetaurilia. The banners of the Parthians appear to have had a
(Bartoli, A.4rc. Triizumphl-.)                    similar form to that of the Romans, but were more
When Constantine had embraced Christianity, richly decorated with gold and silk. [SERICUM.]
a figure or emblem of Christ, woven in gold upon  A golden eagle with expanded wings was the royal
purple cloth, was substituted for the head of the  standard of Persia. (Xen. Cyrop. vii. 1. ~ 4, Anab.
emperor.  This richly ornamented standard was i. 10. ~ 12.)  The military ensigns of the. Egyptians
called labarusm.  (Prudentius cont. Syinm. i. 466, were very various.  Their sacred animals were re488; Niceph. I-. E. vii. 37.)                      presented in them  (Diod. i. 86), and in the paintSince the movements of a body of troops alld of ings at Thebes we observe such objects as a king's
ev-ery portion of it were regulated by the' standards, name, a sacred boat, or some other emblem, apall the evolutions, acts, and incidents of the Ro- plied to the same purpose. (WVilkinson, llan. aand
man army were expressed by phrases derived  Cust. vol. i. p. 294.) The Jewish army was probably
from this circumstance.  Thus signa inf/lrre meant marshalled by the aid of banners (Ps. xx. 5 a;
3x 3




1'046             SISTRU M.                                      SITOPHIYLACES.
Cnst. vi. 4; Is. xiii. 2); but not so the Greelk,  Plutarch (de Is. et Osir. pp. 670, 671, ed. Steph.)
a.lthoughll the latter llad a standard, the elevation  says, that the shaking of the four bars within the
of which served as a signal for joining battle, circular apsis represented the agitation of the four
either by land (Polyaen. iii. 9. ~ 27; Corn. Nepos, elements within the compass of the world, by which
xi. 2. ~ 2) or by sea. (Thucyd. i. 49.)  A  scarlet all things are continually destroyed and repro
lI.ag (1poWlCds) was sometimes used for this pur- duced, and that the cat sculptured upon the apsis
pose. (Polyaen. i. 48. ~ 2.)           [J. Y.3]    was an emblem of the moon.  Apuleius (AIMet. xi
SIGNINUAI  OPUS.  [DoIis, p. 431, a.]
SIGNUM, a division of the Roman legion.
x ERCITr US, p. 501, a.]
SILENTIA'RII.  [PRAAEPOSITUS.]                                \ 
SILIICE'RN1UM.  [FuNus, p. 56', a.] 
SILIQUA.  [UNCIA.]                                          I
SI'IMPULUMl or SIMTPU'VIUM, was tlle                            
name of a small cup used in sacrifices, by which            ~ I
libations of wine were offered to the gods. Festus
says that it was not unlike the cyathuS. (Festus,
s. v.; Varr. l. L. Y. 124, ed. Miiller; Plin. I. N.
xxxv. 12. s. 46; Juv. vi. 343; Cic. de  ep. v;i. 2.)
It often appears on  etohran coins, as on the asn-        [i        
nexed coin of the Sestia gens, which represents on  
the obverse a tripod wvith a secespita on one side             // 
and a simpuvium on the other. A snimpuvium also                   i 
appears on the coin figured under SEcsJsmPTA. 
sOo'@P o_ ft   g  ~ t,\  pp. 119, 121, ed. Aldi) describes thue sistrumn as a..,                     j        bronze rattle (auresum cerepitacoulum), consisting of a
narrow plate curved like a sword-belt (balteus),
through which passed a fewrods, that rendered a
loud shrill sound.  He says that these instruments
were sometimes made of silver or even of gold.
There was a proverbial expression excitarefiuctus  -le also seems to intimate, that the shakes were
in sisnpleo, "to make much ado about nothing"  three together (tePyenmios ictus), which  would
(Cic. de Leg. iii. 16).                            make a sort of rude music.
SINDON.  [PALLIUaM, P. 851, b.]                    The inltroduction of the worship of Isis into
S1NGULA'RES.  [ExRacITus, p. 508, b.]    Italy shortly before the commencement of the
SIPA'RIUM, a piece of tapestry stretched on a  Christian aera made the Romans familiar withl this
frame, which rose before the stage of the theatre  instrument. TIhe elinigeri calvi. sistrataque turba"
(Festus, s. v.; Cic. Pro;. Ccons. 6; Juv. viii. 186), (Mart. xii. 29) are most exactly depicted in two
and consequently answered the purpose of the  paintings found at Portici (Ant. d'Ercolano, vol. ii.
drop-scene with us, althouigh, contrary to our prac- pp. 309-320), and containing the two figures of a
tice, it was depressed when the play began, so as priest of Isis and a womlan kneeling at her altar,
to go below the level of the stage (auictlealrenun- which are introduced into the preceding woodcut.
tur, Hor. 1zpist. ii. 1. 189), and was raised again  The use of the sistrumn in Egypt as a military inI
when the performance  was conclutded (tollhtnur, strument to collect the troops is probably a fiction.
Ovid. lIet. iii. 111-114).  F'roml the last-cited  (Virg. Aen. viii. 696; Propert. iii. 11. 43.)  The
passage Nwe learn that human figures were repre- sistrum is used in Nubia and Abyssinia to the presented upon it, whose feet appeared to rest upon  sent day.
the stage when this screen -was drawn iup.  From     Sistrunt, which is in fact, like ScEPTnUAe, a
a passage of Virgil (Georg. iii. 25) we further Greek word with a Latin termination, the proper
learn, that the figures were sometimes those of Latin term for it being crepitacuzltn, is sometimes
Britons woven in the canvass ald raising  their usedfor a child's rattle. (Martial, xiv. 54; Pollux,
arms in'tlhe attitude of lifting tip a purple curtain, ix. 127.)                          [.T. Y.]
so as to be introduced in the same manner as    SITELLA.  [S1TrLA.]
ATLANTES, Persae, and CARYATIDES.                    SITO'NAE (o-srcTva).  [SITos.]
In a more general sense siparitins  denoted any    SITOPHY'LACES (altopSTAarces), a board of
piece of cloth or canvass stretched upon a frame. officers, chosen by lot, at Athens.  They were at
(Quintil. vi. 1. ~ 32.)                [J. Y.]   first three, afterwards increased to fifteen, of whom
SISTRUM  ('relsepoe),:   a mystical instrument ten were for thle city, five for the Peiraeeus.  Their
of music, used by the ancient Egyptians in their business was partly to watch the arrival of the
ceremonies, and,. especially in the worship of Isis. corn ships, take account of the quantity imported,
(Ovid. Met. ix., 784, Ameor. ii. 13. 11, iii. 9. 34, and see that the import laws were duly observed
de Ponto, i. 1. 38.)  It was held in the right hand  partly to watch the sales of corn in the market,
(see woodcut), and shaken, from  which circum- and take care that the prices were fair and reason.
stance it derived its name (aeua repulsea  anu, able, and none but legal weights and measures
Tibull. i. 3. 24). Its most common form is seen in  used by the factors; in which respect their duties
the right-hand figure of the annexed woodcut, were much the same as those of the Agoranomi
which represents an ancient sistrum formerly be- and Metronomi with regard to other saleable articles.
Ionging to the library of St. Genovefa at Paris. [SIros.]  Demostheneg refers to thle entry in the




SITOS.. SITOS.                  104 7
books of the Sitophylaces (T'r4  7rap&'roTs as'rocv6.. with an express condition to bring a return cargo,
Xatr a'7roypaspiv) to prove the quantity.of corn  part of it corn, to Athens.  If any merchant, capiimported from Pontus, which (he says) was equal talist, or other person advanced money or entered
to all that came from  elsewhere, owing to the  into any agreement in contravention of these laws,
liberality of Leucon, king of the Bosporus, who  not only was he liable to the penalty, but the agreeallowed corn to be exported from  Theudosia to  ment itself was null and void, nor could he recover
Athens free of duty.  (Demosth. c. Leptin. 466, any sum of money, or bring any action in respect
467.)  These books were probably kept by the  thereof. (Den. c. Lacrit. 941.) Information against
five who acted for the Peiraeeus, whose especial the offenders was to be laid before the  7re/uehmrai
biusiness it would be to inspect the cargoes that  rou EJLropiov.  (Meier, Ait. Proc. p. 87.)  Strict
wereunladen. (Harpocr. s.v. l2Trovr'oaA es: Bijckh, regulations were made with respect to the sale of
Publ. Econ. of Athe7s, p. 83, 2d ed.)  [C. R. K.]  corn in the market.  Conspiracies among the cornSITOS (os-ros), corn. The soil of Attica, though  dealers (c(rvor&ohaa) to buy up the corn (ovvsa'yerofavourable to the production of figs, olives, and  Oam), or raise the price (eurvsrcT'.a Thrs'rta&s),
grapes, was not so favourable for corn; and the  were punished with death. They were not allowed
population being very considerable in the flourishing  to make a profit of more than one obol in the meperiod of the Athenian republic, it was necessary  dimlnus; and it was unlawfull to buy more than
to import corn for their subsistence.  According to  fifty opop/uoi at a. time.  It is not certain what the
the calculation of Bickh, which does not mate-  size of a popsa.&s wyas: Bickh supposes it to be
rially differ from that of other writers, there were  about as.mulch as a medimnus.  These laws remind
135,000 freemen and 365,000 slaves residing in  us of our own statutes against engrossing and reAttica.  The country, which contained an area of grating; but they appear to have been easily evaded
64,000stadia, eroduced annually about two millions  by the corn-dealers.  (See the speech of Lysias
of medimni of corn, chiefly barley.  The medimnus  KaT& s-Cv TorrT7rcAhXv: Dem. c. Dionysod. 1285.)
was about 1 bushel, 3 gallons, and 5'75 pints, or  The sale of corn was placed under the supervision
48 Attic XoelvlceS.  A xo7vsm was considered a fair  of a special board of officers called Sitophylace.s
-daily allowance of meal (eCpEpirnra Tpaop.) for a  (reTo0dviAaces), while that of all other marketable
slave.  The consumption of the whole population  commodities was superintended by the agorannmi.
was three million medimni, and one-third therefore  (Lys. id. 165, ed. Steph.)  It was their business;was imported.  It came from the countries border-  to see that meal and bread were of the proper
ing on the Euxine Sea (Pontls, as it was called by  quality, and sold at the legal weight and price.
the Greeks), and more especially from the Cimme-  They were bound to, detect the frauds of the factor
rian Bosporus and the Thracian Chersonese; also  and the baker, and (if we may believe Lysias),
from Syria, Egypt, Libya, Cyprus, Rhodes, Sicily, they sometimes  suffered death for their want of
and Euboea.  The necessities of the Athenians  vigilance.  The mode of proceeding against them
made them exceedingly anxious to secure a plenti-  was by elieaayyeXta before the senate. (Platner,
ful supply, and every precaution was taken for that Proc. wend Klag. vol. ii. p. 149.)
purpose by the government as well as by the legis-    Notwithstanding these careful provisions, scarcilator.  Sunium was fortified, in order that the corn  ties (aorToes7at) frequently occurred at Athens,
vessels (s-rayw'yal bhAcd3es) miglht come safely  either from bad harvests, the misfortunes of war,
round the promontory.  Ships of war were often  or other accidental causes.  The state then made
employed to convoy the cargo (rapaw7r'7resv  rby  great efforts to supply the wants of the people by
avroe,) beyond tile reach of an enemy.  (Dem. de  importing large quantities of corn, and selling it at
Coron. 250, 251, c. IPolGel. 1211.) When Pollis, a low price. Public granaries were kept in the
the Lacedaemonian admiral, was stationed with  Odeum, Pompeum, Long Porch, and naval storehis fleet off Aegina, the Athenians embarked in  house near the sea.  (Pollux, ix. 45; Dem. c.
haste, under the command of Chabrias, and offered  P/Iormi. 918.)  Sitonae (r'clsras) were appointed
him battle, in order that the corn-ships, which had  to get in the supply and manage the sale.  Dearrived as far as Geraestus in Euboea, might get  snosthenes was appointed on one occasion to that
into the Peiraeeus. (Xenoph. Iellen. v. 4. ~ 61.)  office (de Coron. 310.)  Persons called apodectue
One of the principal objects of Philip in his attack  (a&roeIC'ra) )   received the corn, measured it out,
on Byzantium  was that, by taking that city lihe  and distributed it in certain quantities. (Pollux,
might command the entrance to the Euxine, and  viii. 114,) Public-spirited individuals would someso have it in his power to distress the Athenians  times import grain at their own expense, and sell
in the corn trade.  H1ence the great exertions made  it at a moderate price, or distribute it gratuitously.
by Demosthenes to relieve the Byzantines, of the  (Dem. c. Phlorsm. 918.)  We read of the Athenian
success of which he justly boasts (de Cocon. 254, state receiving presents of corn from  kings and
307, 326).                                         princes.  Thus Leucon, king of the Bosporus, sernt
The measures taken by the legislature to obtain  a large present, for which he had the honour of
supplies of corn may appear harsh, and their policy  rThreia (exemption from customs-duties) conferred
is at least doubtful, but they strongly evince the  on him by a decree of the people. (Dem. c. Leptin
anxiety of the people on the subject.  Exportation  467; see Isocr. TpartS'. 370, ed. Steph.) Psamwas entirely prohibited, nor was any Athenian or metichus, an Egyptian prince, sent a present in
resident alien allowed to carry corn to any other  Olymp. 83. 4, Demetrius in Olymp. 118. 2, Sptrplace than Athens (crT7qyCEsV   a&AN.ee X'AdOiave).  tacus, king of the Bosporus, a few years after.  Iln
Whoever did so, was punishable with death. (Dem. later times, that made by the Roman Atticus is
c. Phorm. 918; Lycurg. c. Leoer. 151, ed. Steph.)  well known.  On the whole of this subject the
Of the corn brought into the Athenian port two- reader is referred to B13ckh (PF2l.'. Econ. of Athens,
thirds was to be brought into the city and sold  p. 77, &c., 2nd. ed.), where also he will find the
there. (Harpocr. s. v.'E rfeleh7r'Ts /u7ropiov.) No  various prices of meal and bread at Athens, and
one might lend money on a ship that did not sail  other details, copiously explained.  As to the duty




IO:8           SITOU  DIKE.                                           SOCCUS.
payable on the importation of corn, see PEN'TE-  Meier, AMt. Proc. pp. 43, 423-427; Platne,
COSTE.                                              Proc. uLd Kla/e. vol. ii. p. 266.)   [C. R. K.]'rToq, is strictly wheatflour, &Xep1-'a barley-flour,    SITTYBAE.  [LIBER.]
rvpoei wheat, KcptOal barley, apros  wheat bread, Iuaga  SI'TULA, dim. SITELLA  (aSp/a), was probarley-bread.:WTos, however, is often applied to  bably a bucket or pail for drawing and carrying
all kinds of corn, and even in a larger sense to pro-  water (Plaut. Amp/l. ii. 2. 30), but was more usuvisions in general.                 [C. IR. K.]    ally applied to the vessel from  which lots were
SITOU  DIKE  (r'Trou aSbIc).  The marriage  drawn: Sitella, however, was more commonly used
portion (7rpoiZ) being intended as a provision for  in this signification. (Plaut. Cas.. ii. 5. 34, 43, ii. 6.
the wife, although it was paid to the husband by  7, 11, Liv. xxv. 3, xli. 18.)  It appears that the
her father, brother, or other natural guardian (Kt-  vessel was filled with water (as among the Greeks,
p~os), if anything happened to sever the marriage  whence the word 6apia), and that the lots (sortes)
contract, the husband or his representative was  were made of wood; and as, though increasing iun
bound to repay it; or, if he ftsiled to do so, lhe was  size below, it had a narrow  neck, only one lo:t
liable to pay interest upon it at the rate of eighteen  could come to the top of the water  at the same
per cent. per annuma (Er' evE'ia6 oAo7s'roicopopei).  time, when it was shaken.  (Situzatm  zec te lecu
This was the law in case of a divorce (Dernosth. c. cfierto cuiii aqua et sortes, Plaut. Cas. ii. 4. 17; Cic.
Neaer. 1362); and also when, after a contract of in VZerr. ii. 51; Vopisc. Prob. 8.)  The vesselused
marriage, and after payment of the marriage por-  for drawing lots was also called urn11  or Oarccn as
tion, the intended husband refilsed to perform his  well as Sitzula or Sitella.  (Cie. in Vettin. 14; Vat.
engagement. (Demosth. c. Aphob. 818.) Upon the  Max. vi. 3. ~ 4; Virg. Acen. vi. 431, &c.; Lucia,
death of the husband without children, the wife  v. 394, with Schol.; compare-Pers. iii. 48.):tud her money went back to the natural guardian       It is important to understand the true meaning
(Isaeus, de Pyrn'. hies. 41, ed. Steph.); but if he  of Sitella, since almost all modern writers have
died leaving children,-she had the option of Staying  supposed that the name of Sitella or Cista was
with them or going back to her crpros.  If she did  given indifferently to the ballot-box, into whicrl
the latter, the children (or their guardian, if they  those who voted  in the comitia and courts of
were under age)'were bound to pay back the por-  justice cast their tabellae: but Wrunder (Codex
tion to the icvplos, or eighteen per cent. interest in  E:fitenzsis, p. clviii. &c.) has proved, that the
the meantime.  (Isaeus, de Pyrri. hiel. 38, 46, ed. opinion of Manutius (de Comiitiis Romaanis, c. 15.
Steph.)  And if she married again, her iSpLOSe was  p. 527, ed. Graev.) is correct, who maintained that
bound in honoulr to give the same sum to her new  the Sitella was the urn, friom which the names of
husband. (Demosth. c. Boeot. de dote, 1010.) Upon  the tribes or centuries were drawn olt by lot, so
the transferofa woman from one husband to another,  that each might have its proper place. in voting:;
which was not uncommon, the 7rpo7? was trans-  and that the Cista was the box  illto
ferred with-her.  (Demosth. c. Oniet. 866.) A wo-  which the tabellae were cast. [CISmTA.]
mnan's fortune was usually secured by a mortgage  The form of the Sitella is preserved on
of the husband's property; but whether tlhiswas  a coin of the Cassia gens, which is represo or not, her guar&ian, in any of the cases above  sented in the annexed cut.
mentioned, might bring an action against the party    SOCCUS, dlid. SO'CCULUS, was nearly if not
who unjustly withheld it; Wiicm irpoilcbs, to recover  altogether equivalent in meaning to CREPIDn, and
the principal,: Lic  o-iL'rov, for the interest.  The  denoted a slipper or low shoe, which did not fit
interest was called rsTios (alimony or maintenance),  closely, and was not fastened by -any tie.  (Isid.
because it was the income out of which the woman  Orig. xix. 33.)  Shoes of this description were
had to be maintained, ati OpeLXdtcsv a1 rpoipal, 71 worn, more especially among the Greeks together
Oito/sI7q 7rpdo'osos Ers Tpoqlv TCraZs yuvait'v. (Har-  with the PALLIsua, both by men and by  olnoell.
pocr. s. v.  iT-oS: Pollux, V-iii. 33; Demosth. c. But those appropriated to the female sex were
Aphob. 839, 854.)  The word oi-ror is often used  finer and more ornamented (Plin.ll..   ix. 35. s. 56.;
generally for provisions, just as we use the word  Soccuzs sslls/iebris, Suet. C/aliq. 52, Vitell. 2), although
bread.  So in the law, which required the son of those worn by men were likewise in'ome instances
an /erVIcA7pos to maintain his mother when he  richly adorned according to the taste and means of
came of age and took possession of her inheritance, the wearer.  (Plaut. BacchI. ii. 3. 98.)
the expression is  lby  srov e   /JepeLi  7.  slsrpi.
(Demosth. c. Step/s. 1135.)  The allowance for.
rations given to soldiers was called  Iirrqpe'leois.
(Bockh, Publ. Econ. of At/lens, p. 272, 2d ed.).
The abr/c  s/rTov was tried before the archon in
the Odeum, the same building in which the corn
granaries were kept, which makes it not improbable
that in earlier times the defendant was called upon
to pay the damages in kind, that is, in corn or some
other sort of provisions; though it was soon found
to be more convenient to commute this for a money
payment.  This cause, like the sh'c 7rpoZucls, seems
to have belonged to the stUivWro o/scat, as it was presumed that the woman could not wait long fox the
means of her daily subsistence.  It was a&Tr,'77ro7, 
for the damages were clearly liquidated, being a
mere matter of calculation, when the payment of
the marriage portion was proved.  (Suidas, s. v.'nSeoYv;: Pollux, iii. 47, vi. 153. viii. 31, 33;




SO-C IETAS.                                         SOCIETAS.                 104 9
For the rea;sons mentioned under the articles  answerablle to the others for his conduct ill the
BAXA  and CPREPIDA the Soccus was worn by  management of the business: he was bound to use
comic actors (Ior. Ars Poet. 80, 90), and was in  Diligentia and was answerable for any loss throngli
this respect opposed to the CO'rIURNaNS.  (Mart.  Culpa.  The action which one socius had against
viii. 3. 13; Plin. Eplist. ix. 7.) The preceding wood-  another in respect of the contract of partnershipi
scut is taken from an ancient painting of a buffoon  was an actio directa and called Pro Socio (cur non:[MIIuvs], who is dancing in loose yellow slippers  arlhitruer pro socio adegesis Qeu. RosciZn, &c.; Cici
~(lhteunz socecur, Catull. Epithal. Jul. 10).  This ps'o Q. Roscio Coen. 9).  The action might be
-was one of their most common colours. (De L'Aul-  brought for any breach of the agreement of partnaye, Salt. Thlrat. pl. iv.) [SOLEA.]    [J. Y.]    nership, for an account and for a dissolution.  A
SOCI'ETAS.  Societas is classed by Gaius (iii.  partner might transfer his interest to another per135) and in the Institutions of Justinian among  son, but this transfer did not make that other perthose obligationes which arise Consensu. Whel  son a partner,  for consent of all parties was essential
several persons unite for a common purpose, which  to a Societas: in fact such a transfer was a dissois legal, and contribute the necessary means, such  lution of the partnership, and the person to wholl
a union is Societas, and the persons are Socii. (Dig.  the transfer was made might have his action De
17. tit. 2. s. 57.)  The contract of Societas might  Commnuni' dividundo.  But there might be the pro
either be made in wvords or by the acts of the par-  socio actio against the heres of a socius, for though.
ties, or by the consent of the parties signified  the lbres is not a socius, yet lie succeeds to the inthrough third persons: it required no particular  terest of his testator or intestate in the partnership.
form  of agreement.  A  Societas might be formed  (emloblonento successor est; Dig. 17. tit. 2. s..63.
either for the sake of gain to arise from the dealings ~ ~).
and labour of the Socii (quaestus), or not. Societas    Eachl socius had a right of action in proportion
for the purpose of quaestus corresponds to the Eng-  to his interest against any person with whom anty
lish Partnership.  A  Societas might be formed  of the socii had contracted, if the socii had -comwhich should comprise all the property of the Socii missioned him  to snake the contract or had ap(societas omssiunm bonoruml); in which case as soon  proved of the contract;  or if it was an action.
as the Societas was formed, all the property of all  arising from a delict.  Thus in the case of Roscius'
the Socii. immediately became common (sres quaece  and Fannius, they had severally sued  a third person.
coent2tieum s2i2t contfinuo cos2mmunZsicanetu').  But the  iln respect of their several claims as partners, and
Societas might be limited to a part of the property  yet Fanmius still claimed the half of what Rosciua
of the Socii or to a single thing, as the buying and  had recovered in respect of his share in the palrt-:
selling of slaves, or to carrying on trade in a par-  nership. (Pro Q. Rose. Cons. 11, 17, 18.)  In all
ticular thing in a particular place.  (Cic. pro P.  other cases the person who made the contract could.
Qsi2utio, c. 3.)  The communion of property in a  alone sue.  All the socii could be sued if they had:
Societas might also be limited to the use of the  all joined in the contract with a third person, anid
things.- A  Societas might be formed either in  each in proportion to his share.  If one sociis cosl-.
pe)'pe2tuitm, that is, so long as the parties lived, or  tracted on behalf of all, being commissioned to do
tad ternplus or in te7ip2ore or stub conditione. (Dig. 17. so, all were liable to the full amount (in soliduho);.;:
tit. 2. s. 1.)                                      If a socius borrowed money, the other socii were
Each Socius was bound to contribute towards  in no case bound by his contract, unless the money
the objects of the Societas according to the terms  had been brought into the common stock.  In fact
of the contract.  But it was not necessary that all the dealings of one partner did not bind the other
the Socii should contribute money: one might sup-  partners, except in such cases as they would be
ply money and another might supply labour (opera),  bound independent of the existence of the Societas.
and the profit might be divisible between them,  Condemnatio in an Actio  Pro Socio was sometimes
for the labour of one might be as valuable as the  attended with INFAlIIA.
money of the other.  In the case of Roscius the       A  Societas, unless it was for a limited period,:
actor, Fannius had a slave' Panurgus, who by  could be ended at the pleasure of any one of theagreement between Roscius and Fannius was made  socii: any member of the body could give notice,
their joint property (coiszinzMis).  Roscius lpid  of dissolution when lie pleased (renuntiare societ, ti),.
nothing for his one half of the man, but he under-  and therefore the Societas was dissolved (solvitur)..
took to instruct him in his art.  Apparently they  But in the case of a societas omnium bonorum, if.
became partners in the man in equal shares, for  one socius had been appointed Ileres,- he could not,
Cicero complains of the terms of the Societas on  by giving notice of dissolution defraud his co-,
the part of Roscius whose instruction was worth  partners of their share of the hereditas.  The death,
much more than the price of the slave before he was  of a partner dissolved the Societas; and a Capitis;
taught his art. (Cic. pro Q. Roscio Cosls. 10.) The  dirninutio was said to have the same effect.  If the
agreement between the Socii might also be, that property of any one of the socii was sold either
one Socius should sustain no10 loss and should have  publice (bonorsalnupublicatio) or privatim, the Societas,
a share of the gain, provided his labour was so  was dissolved.  It was also dissolved when the:
valuable as to render it equitable for him to become  purpose for which it was formed was accomplished;
a partner on such terms. If the shares of the Socii  or the things in which there was a Societas, had
wvere not fixed by agreement they were considered  ceased to exist; or by the lapse of the time ior.
to be equal.  (Dig. 17. tit. 2. s. 29.)  One partner  which it was formed.
might have two or more shares, and another might    If on the dissolution of a partnership there -was
have only one, if their contributions to the Societas  no profit, but a loss to sustain, the loss was borne,
in money or, in labour were in these proportions.  as already stated, by the socii in proportion to their
If the agreement was merely as to the division of shares.  If one manll cotributed money and another
-profit,'it followed that the Socii must bear the  labour, and there was a loss, how was the: loss
losses in the same proportion.  Each Socius wa. I borne?  If the money and the labour were con



I 0b0               SOCII.                                              SOCIT.
sidered equivalent, it would seem  to follow that  mus, that a for'eign individual was honourcd by:tli
until the partnership property were exhausted by  senate by being registered among the Italian Socii
the payment of the debts, there should be no pe-  (in sociorumi'  formuldeza  rseferre), and in this casa
cuniary contribution by the person who supplied  the senate provided him with a house and-lands ir
the labour.  This principle  is a consequence of some part of Italy.  (Liv. xliv. 16.)
what:Gaius states that the capital of one and the    Although the allies had their own laws, the:
labour of another might be considered equal, and  senate, in cases where it appeared conducive to the
the gain might be divided, and if there was a loss  generalwelfare,. might command them to submit to
the loss must be divided in the same proportion.    any ordinance it might issue, as in the case of the
Societates were formed for the purposes of farm-  Senatusconsultum de Bacchanalibus.  (Liv. xxxix.,
ing the public revenues.  [PUBaICAN1.]             14.)  Many regulations also, which were part of
(Gaius, iii. 148-1 54; Dig. 17. tit. 2; Inst. 3. the Roman law, especially such as related to usury,
tit. 26; Cod. 4. tit. 37 ~ IMiihlenbruch, Dectrinca  sureties, wills, and innumerable other things (Liv.
Pandectarsztmn; Mackeldey, Lelrsbsch,&ce.; Hasse, xxxv. 7; Gains, iii. 121, &c.  Cic. pro Bal. 8),
Die Culpa des Mins. Reclits. s. 46, 49.)  [G. L.]   were introduced among the. Socii, and nominally
SO'CII (eVuicaXol).  In the early times, when  received by them voluntarily. (Cic. 1. c.; Gell. xvi.
Rome formed equal alliances with any of the sur-  13, xix. 8.)  The Romans thus gradually -mited
rounding nations, these niations were called Socii. the Italians with themselves, by introducing their
(Liv. ii. 53.)  After the dissolution of the Latin  own laws among them; but as they did not grant
league, when the name Latini, or NATole? Iatbnums,  to them the same civic rights the Socii ultimately
was artificially applied to a great number of Ita-  demanded them arms in their hands.
lians, few only of whom were real inhabitants of    Among the duties which the Italian Socii had to
the old -Latin towns, and the majority of a whom   perform towards Rome the following are the prinhad been made Latins by the will and the law of cipal ones: they had to send subsidies in troops,
Rome, there necessarily arose a difference between  money, corn, ships, and other things, whenever
these Latins and the Socii, and the expression  Rome demanded them. (Liv. xxvi. 39, xxviii. 45,
SAocii ANomen Lati/umis  is one of the old asyndeta, xxxv. 16, &c.)  The number of troops requisite
instead of Socii et Aromen Latinln.  The Italian  for completing or increasing the Roman armies wnas
allies again must be distinguished from foreign al-  decreed every year by the senate (Liv. passii),
lies.  Of the latter we shall speak hereafter.  The  and the consuls fixed the amount which each allied
Italian allies consisted, for the nlost part, of such  nation had to send, in proportion to its population
nations as had either been conquered by the Ro-  capable of bearing arms, of which each nation was
mans, or had come under their dominion by other  obliged to draw up accurate lists, called fermsulae.
circumstances.   Wlien such nations formed an  (Liv. xxxiv. 56; Polyb. ii. 23, &c.; Liv. xxii. 57,
alliance with Rome, they generally retained their  xxvii. 10.)  The consul also appointed the place
own laws; or if at first they were not allowed this  and time at which the troops of the Socii, each part
privilege, they afterwards received them back again.  under its own leader, had to meet him  and his
The condition of the Italian allies varied, and  legions.  (Polyb. vi. 21, 26; Liv. xxxiv. 56,
mainly depended upon the manner in which they  xxxvi. 3, xli. 5.)  The infantry of the allies in a
had come under the Roman dominion (Liv. viii. 25, consular army was usually more numerous than
ix. 20); but in reality they were always depend-  that of the Romans; the: cavalry was,generally
ent upon Rome.' Niebuhr (Hlist. of Rome, vol. iii. three times the number of the Romans (Polyb. iii.
p. 616) considers that there were two main con-  ]08, vi. 26, 30): but these numerical proportions
ditions of the Socii, analogous or equal to those of were not always observed. (Polyb. ii. 24, iii. 72.)
the provincials, that is, that they  were either  The consuls appointed twelve praefects as comJbederati or literi (in/sciuses, Cic. c. Ve3r. iii. 6). mianders of the Socii, and their power answered to
The former were such as had formed an alliance  that of the twelve military tribunes in the consular
with Rome; whlich was sworn to by both parties; legions. (Polyb. vi. 26, 37.) These praefects, who
the latter were those people to whom the senate  were probably taken from the allies themselves, and
had restored their autonomy after they were con- not from the Romans, selected a third of the cavalry,
quered, such as the ITernican towns. (liv. ix. 43.)  and a fifth of the infantry of the Socii, who formed
But the condition of each of these classes must a select detachment for extraordinary cases' and
again have been modified according to circum-  who were  called the extraordinarii.   The - rastances.  The cases in which Rome had an equal  maininig body of the Socii was then divided into
alliance with nations or towns of Italy became  two parts, called the right and the left wing.
gradually fewer in number: alliances of this kind  (Polyb. i. c.; Liv. xxxi. 21, xxxv. 5.) - The inexisted indeed for a long time with Tibur, Prae-  fantry of the wings was, as usualh divided into
neste, Naples, and others (Polyb. vi. 14; Liv. cohorts, and tlhe cavalry into turiae.  In some
xliii. 2; Cic. pro Balbs. 8); but these places were, cases also legions were formed of the Socii.  (Liv.
nevertheless, in reality as dependent as the other  xxxvii. 39.)  Pay and clothing  were given to the
Socii.  It was only a few people, such as the  allied troops by the states or townis to which they
Camertes and Heracleans, that maintained the  belonged, and which appointed quaestors or payrights of their equal alliance with Rome down to  masters for this purpose (Polyb. vi. 21;:Cic. c. - Verr.
a very late time.  (Liv. xxviii. 45;  Plnt. Mlar.  v. 24); blut Rome furnished them with provisions
28; Cic. pro Balb. 20, pro,Arc/. 4.)  With these  at the expense of the republic: the infantry refew exceptions,' most of the Italians were either  ceived the same as the Roman infantry, but tlhe
Socii (in the later sense) or Latini.  Du)ring the  cavalry only received twvo-thirds of what was given
latter period of the republic they had the connru- to the Roman cavalry.  (Polyb. vi. 39; Cic. pro
bium with Rome (Diodor. Exceipt. Iirai, xxxvii. 6), Blelb. 20.)  In the distribution of the spoil and of
hbut not the suffrage of the Latins.  It sometimes  conquered lands they frequently received the same
happened, as ii the case of the lMacedonian Onesi-  share as the   ornmans.  (Liv. xl. 43, x!i. 7, 13,




SOCII.                                            SORTES.                  ]03 
xlv. 43; xlii. 4.)  The Socii were also sometimes  nothing but a. name.  (W5alter, 6esci. d. Riml
sent out-as colonists withl the Romans.  (Appian, Reclits, p. 192, &c.; compare FOERIERATAE Ci'vtre Bell. Civ. i. 24.)  They were never allowed to   ArTES.)                                [L. S.]
take up arms of their own accord, and disputes    SO'CIO, PRO, ACTIO.  [SocIET4As.]
among them were settled by the senate. Notwith-    SO'CIUS.  [SOCIETAS.]
standing all this, the socii fell gradually under the    SODA'LES.  [COx LEGIUAl.]
arbitrary rule of the senate and the magistrates of    SOI)A'LES AUGUSTA'LES.[Aua us'TALrEs.]
Rome; mand after the year B. c. 173, it even be-    SODA'LES TI'TII.  [TITII.]
came customary for magistrates, when they travelled  SODALI'TIUM.  [AIBIT (TS.]
through Italy, to require the authorities of allied  SOLA'RIUAM. [HoRoLoGIoIsr, p. 616, b:
towns to pay homage to them, to provide them   DomIus, p. 429, b.]
with a residence, and to furnish them with beasts    SO'LEA was the simplest kind of sandal [SANof burdenl when they continued their journey. DaLIUal], consisting of a sole with little mnore to
(Liv. xlii. i.)  Gellius (x. 3) mentions a number  fasten it to the foot than a strap across the instep.
of other. vexations, which the Roman magistrates  (Gellius, iii. 14, xiii. 21.)  It was sometimes
inflicted upon the Socii, who could not venture to  made of wood (Isid. Oviig. xix. 33),. and worn by
seek aliy redress against them.  The only way  rustics (icahoyriiXa, Theocrit. xxv. 102, 103), refbr the allies to obtain protection against such isembling probably the wooden sandals which now
arbitrary proceedings, was to enter into a kind of form  part of the dress of the Capuchins., The
clientela with some influential and po-werfil Ro-  solea, as worn by the upper classes, was adapted
man, as the Samnites were in the clientela of chiefly for wearing in the hlouse, so that when.
Fabricius Luscinus (Val. Max. iv. 3. ~ 6), and  man iwent out to dinner, lie wsalked in slhoes
the senate, which was at all times regarded as the  [CALcEus], taking with him slippers [Soccvs] or
chief protector of the Socii, not only recognised -soleae, which li he put on when he entered' the
such a relation of clientela between Socii and a  house. Before reclining at table, these were taken
Roman citizen, but even referred to such patrons  away by a servant (see woodcut, p. 308; Plalt.
cases for decision which otherwise it might have  Te2lc. ii. 4. 106; Ovid. Ar. As. ii. 212;lart. viii.
decided itself.  (Dionys. ii. 11; Liv. ix. 20; Cic.  59. 14); consequently when dinner was ovei it
Pro Seill. 21.) Socii who revolted against Rome were  was necessary to call for them.  (Plant.  liec. ii.
frequently punished with the loss of their freedom, 4. 12, Mlost. ii. 1. 37; Ier. Sat. ii. 8. 77.)  But,
or of the honour of serving, in the Roman armies. according to the state of the roads or of the wea(Gell. I. c.; Appian, (le Bell. ilannib. 61; Strab. v. ther, the shoes or boots were again put on in order
p. 385, vi. p. 389; Fest. s. v.- Brntitai.)  Such  to return home, the soleae being carried, as before,
punishmeilts however varied according  to circum- under the arm.  (Hor. ~Epist. i. 13. 1.5.)  When
stances.  After repeated and fruitless attemlpts to  circumstances were favourable, this change of the
obtain the full Iloman franchise by legal means, shoes for slippers or soleae was not considered
the. Italian allies broke out in open war against necessary, the latter beinlg  worn in the streets,
itome, the result of wshich was that she was com-  (Mart. xii. 88.)
pelled to grant what she had before obstinately  re.    Solecue iqzeae, soles or shoes of wood, were put
ilsed.                                             on, under the authority of the Roman law, either
After the civitas had been obtained by all the  for the purpose of torture, or perhaps merely to ill —
Italians. by the Lex- Julia de Civitate, the relation  dicate the condition of a criminal, or to prevent
of the Italian Socii to -Rome ceased.  But Rome  his escape. (Cic. nezlent. ii. 50, ad lerean. i. 13.)
had long before this event applied the name Socii  In domestic life the sandal commonly worh  by
to.foreign  nations also which -were allied with  females vwas often used to chastise a husband a'nd
Rome,. though the meaning of the w ord in this  to bring him  into subjection.  (Menander, p. 68.
case differed- from that of the Socii Italici.  Livy  186, ed. Meineke: solea ojusgyabei'e atbra, Pers. v.
(xxxiv.: 57; comp. xxxv.  46) distinguishes two  169; salddlio, Ter. Eunuch. v. 8. 4; Juv. vi. 516.)
principal kinds of alliances with foreirn nations:    Iron shoes (soleaefe-reae) were put oi the feet of
I.foedus aequani, such as  might be concluded  mules (Catull. xvii. 26); but instead of this, Nero
either after a war in which neither party had  had his mules shod with silver (Sueton. Nero, 30),
gained a decisive victory:, or with a nlationl with  and his empress Poppaea her's with g'old.  (Plin.
-which Rome had never been at war; 2. a foedus  II. N. xxxiii. 11. s. 49.)                [J. Y.]
iiniqlium, when a foreign nation conquered by the    SO'LIDUS.  [AuRuva, p. 182,.b.J
Romans was obliged to enter the-alliance on any      SOLITAURI'LIA. [SACRIFICIUma, p. 1000, a;
terms proposed by the conquerors.  In. the latter  LUSTRATIO, p. 719, b; and woodcut onl p. 1046.
case the foreign -nation was subject to Rome, and    SO'LIUM.  [BALNEAE, p. 191   TH HRONU]
obliged to comply with anything that- Rome might    SOPHRONISTAE. [GYMNASIUM, p. 581, b.]
demand.   But all foreign Socii, whether they        SORTES,'lots.  It was a frequent practice
had an equal or unequal alliance, were obliged  among the Italian nations to endeavour to ascertain
to send subsidies in troops when Rome demanded  a knowledge of, filture events by drawing lots
them; these troops, however, did not; like those  (sortes): in many of the ancient Italian temples
of the Italian Socii, serve in the line, but were  the will of the gods was consulted in this way, as
employed as light-armed soldiers, and were called  at Praeneste, Caere, &c. [ORACULuM, p. 843, l.]
mdites auxiliares, auxrilia-ii, auxilia, or sometimes  Respecting the meaning of Sors see Cic. de- Div.
nuxilia externa. (Polyb. ii. 32; Liv. xxi. 46, &c.,  ii. 41.
xxii. 22, xxvii. 37, xxxv. 11, xlii. 29, 35.)  To-    These sortes or lots were usually little tablets or
wards the end of the republic all the Roman a-llie,  counters, made of wood or other materials, and
whether they were nations or kings, sank down to  were commonly thrown into a sitella or urn, filled
the condition of mere subjects or vassals of Rome,  with water, as is explained under SITULA.  The
whose freedom  and  independence  consisted in  lots were sometimes thrown like dice.  (Suet. Tib,




052             SPECULUM.                                          SPECULUM.
314.) The name of Sortes was in fact given to any-  (33. tit. 6. s. 3; 34. tit. 2. s. 19. ~ 8).  At first:
thing used to determine chances (compare Cic. dl  they were made of the purest silver, but metal of
Div. i. 34), and was also applied to any -verbal re- an inferior quality was afterwards employed. (Plin.,
sponse of an oracle. (Cic. de Div. ii. 56; Virg. Ae2. II. N. xxxiii. 9. ~ 45.)   Frequently  too the.
iv. 346, 377.)  Various things were written upon  polished silver plate was no doubt very slight, but.
the lots according to circumstances, as for instance  the excellence of the mirror very much depended
th'e names of the persons using them, &c.: it seems on the thickness of the plate, since the reflection
to hlave been a favourite practice in later times to  was stronger in proportion as the plate was thicker.
write the verses of illustrious poets upon little tab-  (Vitruv. vii. 3. p. 204, ed. Bip.)  We find gold
lets, and to. draw theln out of the urn like other lots, mirrors mentioned once or twice by ancient writers:
the verses which a person thus obtained being sup- (Estrip. ITecel). 925; Senec. Quaest. Nat. i. 17 
posed to be applicable to him: hence we read of Aelian, 1r II. xii. 58); but it is not impossible,Sortes Virqilianae, &c. (Lamprid. Alex. Sesver. 14; as Beckmann has remarked, that the term golden.
Spartian. -Ildr. 2.)  It was also the practice to  rather refers to the frame or ornaments than to the
consult the poets in the same way as the Moham- mirror itself, as we speak of a gold watch, though
snedans do the Koran and Hafiz, and many Chris- the cases only may be of that metal.
tians the Bible, namely, by opening the book at    Besides metals, the ancients also formed stones:
random and applying the first passage that struck  into mirrors, but these are mentioned so seldom:
fihe eye to a person's own immediate circumstances.  that we may conclude they were intended for orna-.
(August. Co0fjss. iv. 3.) This practice was very  ment rither than for use.  Pliny (II. N. xxxvi. 26.
common among the early Christians, who substi-  s. 67) mnentions the obsidian stone, or, as it is now:
tulted the Bible and the Psalter for Homer and  called, the Iceelandic agate, as particularly suitablei
Virgil: many councils repeatedly condemned these  for this purpose.  Donlitian is said to have had a
S'orts San2ctorumsn, as they were called.  (Gibbon, gallery lined with phengites, which by its reflectioln
Declinse and Fall, c. xxxviii. note 51.) The Sibylline  showed every thing that was done behind his backl
books were probably also consulted in this way. (Suet. Domn. 14), by which Beckmann  nnderstands
[SrBLrI,INi LaRI.]  Those who foretold fuiture  a calcareous or gypseous spar, or selenite, which is
events by lots were called Sortileyi.  (Lncan, ix. indeed capable of reflecting an image; bsut we can-,
581.)                                              not therefore conclude that the ancients formed:
The Sortes Conwitcsievls were tablets sealed up, mirrors of it.  Mirrors were also made of rubies:
Which were sold at entertainments, and upon being  according to Pliny (HI. N. xxxvii. 7. s. 25), who:s
opened or unsealed entitled the purchaser to things refers to Theophrastus for his authority, bsut lhe
of very unequal value; they were therefore a kind  seems to have misunderstood the passage of Theoof lottery.  (Suet. Octav. 75; Lamprid. Ileliocyab. phrastus (dle,aepid. 61), and this stone is never
22.)                                              found now snfficiently large to enable it to be made
SPADO'NES.  [IMTPUBES, p. 631, b.]              into a mirror.  The emerald, it appears, also served
SPARUS.  [HASTA, p. 588, b.]                    Nero for a mirror.  (Plin. I- N. xxxvii. 5. s. 16;
SPE'CIES NOVA.  [CoNrvsIo.]                     Isidor. xvi. 7.)
SPEC'TIO.  [AUGTJR. pp. 177,b, 178,a.]             The ancients seem  to have had glass mirrors
SPECULA'RIA.  [Douvs, p. 432, b.]               also like ours, which consist of a glass plate covered
SPECULA'RIS LAPIS. [Dosus, p. 432, a.] at the back with a thin leaf of metal.  They were
SPECULATO'RES. [EXERCTvUS, p. 508, b; manufactured as early as the time of Pliny at theZ
comp.: HEMERODr OMI.]                              celebrated glass-houses of Sidon (Plin. I-. N. xxxsvi.
SPE'CULUM (cdraors'po,ior'o7prTpor,E'vorrpor),  26. s. 66), but they must have been inferior to
a mirror, a looking-glass.  The use of mirrors is of those of metal, since they never came into general
very high antiquity (Job, xxxvii. 18; Exodus, use and are never mentioned by ancient writers
xxxviii. 8), but they are not mentioned by Homer, among costly pieces of furniture, whereas metal milr
evren when  he describes in so circumstantial a  rors frequently are. Pliny seems to allude to them  in
marner the toilet of Hera.  In the historical times another passage (H. N. xxxiii. 9. s. 45), where he
of Greece they are frequently spoken of (Xen. Cy:-. speaks of gold being applied behind a mirror, which
vii. 1. ~ 2; Eurip. Medea, 1161, Orest. 1]12, &c.), we can understand, if we admit that Pliny was
and they were probably known in Greece long be- acquainted with glass mirrors.
fore, since every substance capable of receiving a    Of mirrors made of a mixture of copper and tin,
fine polish would answer the purpose of a mirror. the best were manufactured at Brundisium. (Plin.
Thus basins were employed instead of mirrors I/. N. xxxiii. 9. s. 45, xxxiv. 17. s. 48.) This mix,
(Attemiod. Oneir. iii. 30. p. 279, ed. Reiff), and  ture produces a white metal, which, unless prealso cups, the inside of which was sometimes so  served with great care, soon becomes so dim that
disposed, that the image of the person who drank  it cannot be used until it has been previoulsly
from them was seen multiplied. (Plin. I. Nr. xxxiii. cleaned and polished.  For this reason a sponge
9. s. 45; compare Vopisc. Prob. 4.)                with pounded pumice-stone was generally fastened
The looking-glasses of the ancients were usually  to the ancient mirrors.  (Plat. Tinzaeus, p. 72, c.;
made of metal, at first of a composition of tin and  Vossius, ad Catull. p. 97.)
copper, but afterwards more frequently of silver.    Looking-glasses were generally small and suchl
(Plin. 1. c.)  Pliny says that silver mirrors were  as could be carried in the hand.  Most of those
first made by Praxiteles in the time of Pompey  which are preserved in our Museums are of this
the Great, but they are mentioned as early as that kind; they usually have a handle, and are of.a
of Plautus. (Most. i. 3. 111.)-  Under the empire  round or oval shape.  Their general form is: shown
the use of silver mirrors was so common, thatthey  in the woodcut annexed.  (Caylus, Recueil d'Anbegan to be used even by maid servants (Plin. tiq2ites, vol..v. pl. 62.)
~I. A. xxxiv. 17. s. 48): they are constantly men-    Insteadof-their being fixed soas tobe hungagainst
tioned in the Digest, when silver plate is spoken of the wall or to stand.pon the table or. floor, they




SPIRA.                                            SPOLIA.                 10o3
-were generally held by female slaves before their  was one called the Attic, which may be regarded
mistresses when dressing (Propert. iv. 7. 75, 76), as a variety of the Ionic [ATTICURGES].  The
which office was also performed sometimes by the  term  occurs frequently in Vitruvius (iii. 3. ~ 2;
lover, when admitted to the toilet of his mistress.  4. ~ 1, 5; 5. ~ 1-4, iv. 1. ~ 7, v. 9. ~ 4, ed.
(Ovid. Ar. Am. ii. 216.)  On ancient vases we  Schneider) and in Pliny (ITI. A. xxxvi. 5. s. 4;
sometimes find female slaves represented holding  23. s. 56).  They adopted it from the writings of
up mirrors to their mistresses. (Tischbein, Endcrav.  Greek architects, whose works have perished.  It.J1on ancient Vases, vol. i. pl. 10.)              is in fact the Greek term  errelpa, which was applied to this member of a column (Pollux, vii. 121)
probably on account of its resemblance to a coil of
rope.  In ancient Greek inscriptions eirexpa denotes the base of Ionic and Corinthian pillars,
being applied to those of the temples of Miinerva
Polias at Athens (C. 0. Miiller,  fin. Pol. Sacra,
pp. 35, 50; BMckh, Corp. Iszscr. Gr. i. pp. 261286), and of Jupiter at Labranda.  (C. Fellows,
Exc. in Asia nlienor, pp. 262, 331.)
In the Tuscan and the Roman Doric the base
0fC                      i consisted of a single torus (Festus, s. v. Spira),
sometimes surmounted by an astragal.  In -the
Ionic and Attic it commonly consisted of two tori
(toruzs superior and torus in/trior) divided by a
scotia (rpdxtxos), and in the Corinthian of two
tori divided by two scotiae.  The upper torus was
often fluted  (lpaewrTs), and surmounted by an
astragal [ASTRAGALUS], as in the left-hand figure
of the alnexed woodcut, which shows the form of
the base in the Ionic temple of Panops on the
Looking-glasses, however, were also made of the  Ilissus.  The right-hand figure in the same woodlength of a person's body (specula totis paria cor- cut shows the corresponding part in the temple of
0oribus, Senec. Quacst. Nat. i. 17): of which kind  Minerva Polias at Atlens.  In this the upper
the  mirror of Demosthenes  must have  been. torus is wrought with a plaited ornament, perhapi
(Quintil. Inst. Or. xi. 3. ~ 68.)  They were  designed to represent a rope or cable.  In these
fastened to the walls sometilnes (specullinn parieti two temples the spira rests not upon a plinth
qhiflxum, Dig. 34. tit. 2. s. 19. ~ 8; Vitruv. ix.
6. (9.) p. 280. Bip.), though not generally.  Suetonius in his life of Horace speaks of an apartment
belonging to that poet, which was lined with
mirrors (spectulatunt cubictuhlniZ), which expression,
however, Lessing considers as contrary to the Latin                        _
idiom, and therefore regards the whole passage as       =_]___t'l
a forgery.  That there were, however, rooms ornamiented in this way, is probable from  Claudian's
description of the chamber of Venus, which was
covered over with mirrors, so that whichever way
her eyes turned she could see her own image.
(Ulnio. in Nipt. -rhonor. et Mllar. 106, &c.)  AVe                              
frequently find the mirror mentioned in connection
with Venus (Athen. xv. p. 687, c.), but Minerva  (pliathzts, 7rAvOos), but on a podium.  In Ionic
Vwas  supposed to mlake no use of it. (Callim. htlymni,. buildings of a later date it rests on a square plinthl
i1o La;acr. Pallad. 1] 7.)                         corresponding  in its dimensions with the ABACUS.
(Spanheim, Observ. in COsllisacci HyIam2inz in  For other examples, see Mauch, A1rclitelktonislee
laivacrnnu Patlcadis, p. 547, Ultraj. 1697; Mdnard,  Ordlnmiysen.                          [J.Y.]
Ieclerclhes sur les ilhiroirs des Anciens in l'Htistoile    SPI'THAME (earLt0alCr), a span, a Greek meade l'AcadiEnie cdes Insce. vol. xxiii. p. 140; Caylus, sure equal to 3-4ths of the foot.  There was no
Rcci2sil d'Antiquzites, iii. p. 331, v. p. I73; Beck-  proper Roman measure corresponding to it, but
ranan, Histoy of Inventions, vol. iii. p. 164, transl.;  the later writers used palmius in this sense; the
Bottiger, Sabina, vol. i. pp. 133, 152, vol. ii. pp. early writers express the Greek span properly by
145, 169, Griecslisclhe, Yasesnsgemelldesn, vol. iii. p. docldans. [MIENSURA, p. 751,b; PAIsMUS.] [P.S.]
46; Becker, Gallts, vol. i. p. 97, vol, ii. p. 111.)   SPO'LIA. Four words are commonly employed
SPECUS.  [AQUAFDUCTUs,         p. 113.]         to denote booty taken in war, Praeda, Allanubiae,
SPHAERISTE'RIUM.   [GYMNASIUs,  p. EsVluiae, Spolia.  Of these, p1rcteda bears the most
582, a; PILA.]                                     comprehensive meaning, being used for plunmder of
SPI'CULUM.  [HAsTA, p. 589, a.]                 every description. [PRAEDA.]  laflnambiae was the
SPINTER  or SPINTHER.  [ARaILLA.]    money which the quaestor realised from the sale of
SPIRA (e7retpa), dits. SPIRULA  (Servius in  those objects which constituted praeda (Gell. xiii.
lVi. q. Aen. ii. 217), the base of a column.       2-1; Cic. de Leg. Agr. ii. 22.)  The term ExZrviae
This member did not exist in the Doric order of indicates any thing stripped from the person of a
Greek architecture [CoIar~NAx], but was always  foe, while Spolia, properly speaking, ought to be
present iln the Ionic and Corinthian, and, besides  confined to armour and weapons, although both
the bases properly belonging to those orders, there  words are applied loosely to trophies such as cha1




1054                SPOLIA.                                            SPORTULA.
riots, standards,   beaks of ships andl thile like, which  M. Crassus, in the fifth consulship of Octavianus
nmight be preserved and displayed.  (See Doeder-  (u. c. 29), slew Deldo, king  of the Bastarnae,  he
lein,;at. L an.  vol. iv..  337; Ramshorn, / Lae t Sy.,was not considere'd to have gained spolia opima
p. 869 H abicht,   Sis Iaidwro te bicl, n. 7o5'.)    because acting under the auspices of another (Dion
In the heroic ages 1o victory was considered  Cass. li. 24; connparo u      al.: Max. iii. 2. -~ 6), and
complete unless the conquerors could succeed is  Plutarch (llarcel.1 8) expresslyasserts that Ronmain
stripping the bodies of the slain, the spoils thus  history up to his own time-afforded but three exobtained  being viewed  (like  scalps uamong  the  taiples.   The first were said to have been won by
North American Indians) as the only unquestion-   Romulus fenom Acro, king otf the Caenincnscs. th(u
able evidence of successful valour    u and we find in  second by Aulus Cornelius Cossus from Lar ToluinHomer tihat vwheA two champions cane foirward to  nius king' of the N cientes, the thu'd by 5i. Claudius
contend in' single combat, the niamner in which thie  Marcellus from Viridomaris (or Bplrd4apTor as he
body and arms of the vanquished were to be dis-  is called by Plutarch),  king of the Gaesatae.  In
posed of forined tlhe'subject of a' regular compact all these  calses,  in accordance with  the original
between the parties.  (Hoin. i. Iii. m 75, &c., xxii.  institution, the spoils were dedicated  to Jupiter
254, &c.)- Among  the Romans, spoils taken in  Feretrius.  The honours of spolia opima were voted
battle were considered the miost honourable of all  to Julius Caesar during his fifth consulship (B. c.
distinctions; to have twice stripped an enemiy, in  44, the year of his death),,but it was not even
ancient times, entitled the soldier to pronmotion  pretended that he had any legitimate claim to this
(Val. -a.  ii. 7. ~ 14), and during the  seconsd  distinction.   (Dion Cass. xliv. 4.)  (The question
Punic wmir, Fabius when filling up the nniuerous  with regard to the truie definition of spolia opima
vacancies  in the senate caused by the slaughter at is discussed with great learning by Perizonius?
Cannae  mid by other disastrous defeats, after ha-  Animad. Ilist. c 7)                      [W. R.
ing selected such as had borne some of the great    SPONI)A.   [Lscuis, p. 674, b.]
offices of state, namned those next "lqui spolia ex     SPO'NDEO.   GOuito TOIONES, p. 817, b.]
hoste fixa domi hsaberent, ant civicam  coronais        SPO'CNGIA.    [PICTLRx, p. 905, a.]
accepissent."  (Liv. xxiii. 23.)   Spoils collected oni    SPONSA,    SPONSUS.    [MCistrao xt!',
the battle field after an engagement, or found in a  p. 741, b.]
captured town were eniployed to decorate the tenm-    SPONSA'LIA. 1[MXT   sI,~m-Zs, p. 741, b.]
pies of the gods, triumphal arches, porticoes, and      SPONSOR.   [JIu'riRCFssIo, p. 640, b.]
other places of public resort, and sometimes in the     SPO~TULA.  InthedasofRoman freedom
hour of extrenme iieed served to arm  the people  clients were in the habit of testifying respect for
(Liv. Xxii. 57, xxiv. 21, x. 47; Val. Max. Yiii. their patron by tlhronging his airiirn at an earl6. ~ 1;Sil. Ital. x. 599), but those which were   hour, and escorting him  to places of public resort
gained by individual prowess were considered the  when he went abroad.  As uni acksnowledgment-of
undoubted  property of the successful combatant,  these courtesies some of the number wmere usually'and were exhibited  in the most conspicuous part invited to partake of the eveninig ieal.   Afterthe
of his dwvelling (Polyb. vi. 39), being hung up in  extinction of liberty the presence of such guests,
the atrium,  suspended from the door-posts, or at- who had now  lost all political importance,  was
raiged in the vestibuium, witlh appLropriate inscrip- soon regarded as an irksome. restraint, while at the
isons. (Liv. x. 7, xxxviii. 43; Cic. Philipp. ifi.. 28;  same time mnany  of thile noble and wealthy  -ere
Suet. Nero, g88;  Virg. Ace. ii. 504, iii. 286, unwilling to sacrifice the pompous display of a nuTibull. i. 1.54; Propert. iii. 9. 26; Ovid. Ar. An.  merous body of retainers.  Hence the practice ias
ii. 743; Sil. Ital. vi. 446.) They were regarded as introduced under the empire of bestowinSg on each
peculiarly sacred, so that even if the house was client, mwhen he presented himself for his morning,old the new possessor was niot permitted to re- visit, a certain portion of.food as a substitute and
move them. (Pin. II. A. xxxv. 2.) A remarkable  compensation  for the occasional invitation  to a
instance of this occurred in the "rostrata doms"  regular supper (coeoze recta), and this dole, being
of Pompey, which was decorated with the beaks carried off in a little basket provided for the purof ships captured in his mmar against the pirates; pose, received the name of syqorleda.  Hence also it
this house passed into the ihands of Antonius the  is ternied  by Greek writers on Roman  affair
triumvir. (Cic. Philti)p. 1. c.), and was eventually   E?7rvov ayrb sraupigog, mvlhich however must not be
inherited by the emperor Gordian, in whlose time  confounded  smith- the  aeruvov a'7rb  osrupiaof of
it appears to have still retained its ancient orna- earlier authors, which wvas a sort of pic-nic. [CoExNA,
ments. (Capitolin. Gordian. 3.)  But while on tihe  p. 304, b.]  For the sake of convenience it soon
one hand it was unlawful to remove spoils, so it became common to give an equivalent in money,
was forbidden to replace or relair thenimwhen they  the sum established by general usage being a hunhad fallen down or beconie decayed through age  dred quadrantes.          (Juv. i. 120; -Martial. x. 70, 75.)
(Plutarch,  Quiest. Rosi. 37), the object of this  Martial indeed often speaks of this as a shabby
regurlation  being doubtless to guard  against the  pittance (eetsstm  miselli quetdradu es, iii. 7, compare
frauds of false pretenders.                          i, 60, iii. 14, x 74), which, homwever, hlie did not
Of all spoils the most important were. the S1polse  scorn himself to accept (x. 75), but at the same
sOpiea, a term applied to those only wvhich thile  timne does not fitil to sneer  at an upstart who encommandei'-in-chief of a IRoman army stripped in a  deavoured to distinguish hsimself by a largess to a
field of bttle from the leader of the foe.  (Liv. iv. greater amount on his birthday (x. 28).  The do.
20.)  Festus (s. v. Opi0sea) givesthe sanse clefini- nation in money, however, did not entirely supertion as Livy, but'adds "MhI. Varro nit opima spolia  sede the sportula given in kind, for we find in
esse [etiam] si maiipu!aris miles detraxerit dum- Juvenal a lively description of a great man's vestimodo duci  hostium," a statement, if correctly  bule crowded w ith dependents, each attended by a
quoted, directly  at variance with  the  opinion  slave  bearing a portable kitchen to receive the
generally received and acted upon.  Thus when  viands and keep themn hot while they wiere carried




STADIUM..STADIUM.                  10b5
Thome (iii. 2i9).  It' the sketcllhes of tile  aitirit adcoriicd illti se n1eni manner the stadiuiii at Athens,
are not too highl- coloured, we itnst conclude that  whichl had been originally constructed on the banks
in his time great numnbers of the lower orders de-  of the Ilissus by the orator Lycurguls.  The marrived their whole sustenance Lansd tile funds for or- ble covering, which took four years to complete.
dinary expenditure  exclusively fiom  this source, has now disappeared, but thel area is still left, with
while even the highborn did not scruple to increase  some ruins of the masonry.  ((Pals.  i. 19. ~ 7;
their incomes byi taking:advantage of the ostenta-  Leake's To)ogicra:y of'ft/ies.).tious profusion-,of- the irich'and vain. (Juv. i. 95.)  l he stadiunl sometimes formed a part of.the
A  regular' roll was kept at eaclh mansion of the  buildings of the gymnasium  [GY.NAts mIUn1],- at
persons, male  anid  female,  entitled  to  receive  other tines it was placed inl its neighbourhood, and
the allowance;"thec iames were ciall ed over in  often, as at Athens, stood entirely by itself.  That
order, the. indi:vidWtmls were iequired  to appear ini  at Olllmpia was in the sacred grove called Altis.
persol, and ~the-almoner -w as ever on his guard to    The size of the'Grecian stadia varied both in
fiustrate the rogulery of ialse pretenders (Juv.. c.), length and breadth; bhut this variety is in all pro.
whence the proverb quoted by' Iertullian (c. (1 1ar-  bability to be understood of the size of the whole
cion. iii. 16),:slpotiulaein fitr)ii2ulets capgdt.  The  enclosure, not of the length of the part marked out
morning, as wse have seen above (Juv. i. 128), was  for the race; the latter appears, to have.: been
-the usuasl- period for these dcistributions, but they  fixed, while thle former wv-s laturally: different.
wyere sometimes miaderi-ii the afterinooii.  (Iartial. according to the accommodation -to be provided for
x. 70.)                                             spectators, or the magnificence wrhich the builder
Nero, imitaitilg the custom  of privaite persons, might wish to confer upon the structure.  The
ordained that a- sportula. should be substituted  Ior fixed length of the course, between the pillarN
the public banquets (publicac coeaen) given to the  which marked the beginning and the end;of the
people on certain hilgh'solemnities; but this nopo- race, was 600 Greek feet.  There was a tradipular regulation was repealed by Domitian. (Suet. tion that Hiercules measured. it out originally by
er. 16, Doi. 7-; MAartial, viii. o0.)               his own foot.  It is not improbable that Pheidon,
When the Emperor' Claudiuls -el one  ccasion i who claimed to be a descendanit of Herculesr'and
resolved unexpectedly to entertain the popul ace  who presided ias agonothete at the Olympic games,
with some- games which w ere to last for a shoit may have fixed the length of the stadium accordtime only, he styled the exhibition a sporeit", and  oing to the standard of measure which he estain the age of the younger Pliny the word -was blished.
commonly employed to Signify a gratuity, gift, or      The accounts left by ancient writers of the aremolument' of any description.  (Plin. Ep. ii. 14i   rangemlent of the parts of the stadium are scanty,
x. 118;)                                            but from  a comparison of them  with existing re(Compare  a  dissertation one the Sportult b  mains of stadia we mlay collect the following parButtmann in the Kritisclc  Bibliotliek for 1821; see  ticulars.
also Becker, Gallus, vol. i. p. 1 47.)    [WV. R.]    At one end a straight wall shut inl the area, and
STABULA'RIUS.  [RECEPTA ACTIO.]                  here were the entrances, the starting-place for the
STA'DIUM  (6 arrrdios and  ob Trd&61v) 1. The  runners, and (at Olympia) an altar of Endymion.
foot-race course at Olympia and the other places inl  At the other end, at or near the centre of the
Greece where games were celebrated.  It was semicircle, and at the fixed distaIlce from  the
originally intended for the foot-race, but the other starting-place, was the goal, which was the termicontests which were added to the games from time  nation of the simple foot-race, the runners in which
to time [OLrNIPIA] were also exhibited in the Sta- were called oraalopateote: the race itself is called
dium, except the horse-races, for which a place oi rTao,  and 8p4duos: in the'lavAos  pdpuos the
was set apart, of a similar form withf the stadiumll, racers turned round this and came back to the
but larger: this - was called the HIPPODRnoaorus  starting-place.  The starting-place and goal had
(17rrdpo 05os).                                     various names: the  former was called  &poens,
The stadium  was mun oblong area terminalted at?ypap-yp,  ie'osrAX(, and B3aAgls: the latter rlEpjLa,
one end by a straight line, at the other by a semi- I arTp, 7eAos,  Kalrr'sTp and v;eea.  The terlm
circle having the breadth of the stadiunm  for its?ypajAlxA' is explained as the line along which the
base.  Itound this area were ranges of seats rising  racers were placed before starting; v'ho-rX's, -which
above one another in steps.                         means tie las/i oJea iwiipj, is supposed to have been
It was constructed in three different way's, ac- a cord whicll was stretched in fi'ont of the racers
cording to the nature of the ground. The simplest to restrain their impatience, and whichll was let falll
form  was thati ill which at place could be found  when thle signal was given to start; the name
wvhich had by nature the required shape, as at tcau7rriTp was applied to the goal because the runLaodicea.' -Most commonly, however, a, position  ners in the 8iavAos and'oAnXos tln'ned round it to
wvas chosen' on the side of a hill, and the stadiumn  complete their course.  These terms are often apwvas formed on one side by the natural slope, oni plied indifferently to the starting-place and the
the other by a mound of earth (?y~s Xjua), as at goal; probatbly because the starting-place was also
Olympia, Thebes, and Epidaurus. (Pausan. ii. 27. the end of all races, except the simple eaOr'oe.
~ 6, vi. 20. ~ 5, 6, ix. 23. ~ 1.)  Sometinmes, how — The starting-place and goal were each marked by
ever, the stadium wvas on level ground, and mounds a square pillar (o-rTXAa, KioVES KivoeLiess), and
of earth were cast up round it to form seats, and  half way between these was a thild.  On the first
covered with stone or marble.  WVe have two cele-'was inscribed the word api'rt'eve, ol the second
brated examples of this construction in the Pythian  o'irede, on the third iccauooe.   The &on.lXoSpruoL
Stadium at Delphi and the Panathenaic at Athens. turned round both the extreme pillars till they had
The former was originally constiucted of Parnas- completed the number of stadia of which their
Eia.n stone, and afterwards covered with Pentelic  coumrse consisted, which appears to have been diimatble by Herodes Atticus (Paus. x. 32'~ 1),'who' fercnt on different occasions, fobr the length of the




1056              STADIUM.                                            STATERI
MdALXos 6po'/os is variously stated at 6, 7, r8, 12,    A is the boundary wall at the Aphesis, 77 feet
20, and 24 stadia. (Schol. aud Soph. Electr). 691.)  deep, B C the sides, and D the semicircular end,
The semicircular end of the area, which was  of the same depth as A; F F the area, including
called e-sevbovi, and was not used in the races, the orqsEt3oVi;   b b pieces of masonry jutting out
Was probably devoted to the other athletic sports. into the area;     e the entrances; from o to p is
This -cpeso'vbm  is still clearly seen in the Ephesian  the length of an Olympic stadium; from q to z the
and Messenian stadia, in the latter of which it is range of amphitheatrical seats mentioned above.
stirrounded by 16 rows of seats.  The area of the    (Krause, Die Gymnastik und Agnostik dei Iclt
stadium was surroundedby the seats for spectators, lenen, p. 131, ~ 14; Miiller, Archiiol. der Kunst,
which were separated from it by a low wall or po-  ~ 290; OLYMPIA.)
dium.                                                2. The word also signifies the chief Greek meaw
Opposite to the goal, on one side of the stadium, sure for itinerary distances, which was adopted by
were the seats of the Hellanodicae, for whom there  the Romans also, chiefly for nautical and astrowas a secret entrance into the stadium  (cpUrT1h nIlomical measurements. It was equal to 600 Greek
e'oeos), and on the other side was an altar of or 625 Roman feet, or to 125 Roman paces;  lldd
white marble, on which the priestesses of Demeter  the Roman mile contained 8 stadia. (Herod. ii.:
Chamyne sat to view the games.  The area was  149; Plin. Hi. N. ii. 23. s. 21; Columell. R. R. v.
generally adorned with altars and statues.         1; Strabo, vii. p. 497.)  Hence the stadium con-,-Such was the general form and arrangement of tained 606 feet 9 inches English. (See the Tables.)
the Greek stadium.  After the Roman conquest of This standard prevailed throughout Greece, under
Greece the form of the stadium was often modified  the name of the Olympic stadium, so called because,
so as to resemble the amphitheatre by making both  as above stated, it was the exact length of the
its ends semicircular, and by surrounding it with  stadium or foot-race course at Olympia, measured
seats supported by vaulted masonry, as in the  between the pillars at the two extremities of the
Roman amphitheatre.  The Ephesian stadium still course.  There were multiples of the measure0
has such seats round a portion of it. A restoration  corresponding to the longer races; thus the  ieauxos
of this stadium is given in the following woodcut, was 2 aTdida, and the ao'AlXos 6 or more. (See
copied from Krause.                                above.)  The hrrtKodv of 4 stadia we may presume
to have been the length of one double course in: the chariot race, which would give 2.stadia for the
distance betweenl the pillars in the hippodrome
fj.           A[HIRPPOROi aUS, p. U ll, a]. In smathematical geo -
graphy, the ordinary comlputation was 600 stadia
o           ~              The important question, whether the stadium was
a uniforr measure throughout Greece, is frully dis;
Q Abx,>.~W&.  cussed under MN5NSURIA, p. 755.        [P.S.]
RF    a               STALA'GMIA.  [ INAURIS.]
1!>]           STATER  (oeraTSp), which  means simply cc
W]    \              cicstlandarcl (in this case both of weight and more
particularly of money), was at first the name of the
chief coin in the early Greek systems, namely, the
di  (idraclalz. [NuaisAus, pp. 811, b, 812, a.] W5Vhen
gold began to be coined, the name was applied to
[;-'?'B  a       the principal gold coin of Greece, which was also
>I<}   1            called Chrysus (Xpurrof), and which in.the nlasa ~.       jority of cases was conformed to the Attic standi
ard, and therefore a staler commonly signifies a
gold coin eqtadl in weigkt to tio Attic draclmale oand
i,'                 inc valule to twenit; but there are also staters of the
Eubofc scale.  The general subject of Greek gold
4..".             money has been discussed under AuRueI, where
FC               V..-         it is stated that the Greeks obtained their principal! 1 ~               supply of gold friom Asia.  To the same quarter
-  13               we must look for the origin of their gold money.
[)..g,             The Daricus, which came to them fromn Persia, Ihas
been already treated of. [DArcvsS.]  The stater
k             G.   g              is said to have been first coined in Lydia by
Croesus.  To this country, indeed, one traaition
i      I            ascribes the origin both of gold and silver money'~(H-elod. i. 94); but be this as it may, the stater of
I                                 Croesus was the first gold coinage with which the
>i' P  ~~I'm       Greeks were acquainted. (Herod. i. 84; Pollux4
F   p                      iii. 87, ix. 84.)  Bockh (Mltferoloq. Utllesuchk. p.
129) asserts that these staters were undoubtedly
Ky  _^4t$    k~.  formed of the pale gold dr electrum  -which  was
\      (      "                washed down from  Tmolus by the Pactollls, and
t~.'"~    j'".(~'~         which Sophocles speaks of as Sardian electrum,
K.        ig       v                 (Antig. 1037.)  [Er,;cTRvUs'l There is, in the
Hunterian collection (Plate 66. figr. 1), a very arn
dient coin of this pale gold, of ain oval ball-like




STATER.                                          STATER.                 1057
shape; impressed with the figure of a man kneel- gives several of these, the largest of which, stamped
ing,  holding a fish in his left hand, and in his  with a 4,, weighs 255-42 English grains. This is a
right a knife hanging'down, which Pinkerton  double stater, giving a single one of 127'71 grains,
takes for a coin of Croesus, but respecting which  or 5 grains less than the Attic, and it seems to
nothing more can be said with safety than that follow the standard of the daricus.  Most of the
it is a very ancient specimen of Asiatic money. others are thirds of the stater, and of a lighter
Its weight is 2481 English grains, or allowiiig  comparative weight.  There was also at Athens a
for the loss of weight by wear, about that of the  Phocaean coin called  c71q, and its half 7j/zfeItcoV,
Attic tetradrachm, which was twice the weight of and Hesychius (s. v. Et'c'77) mentions the  K-r/T,
the stater  -This, therefore would be a double' TPit, and TerdCpr?7, as coins of gold or silver or
stater. (Bickh, 1. c.)  At all events, in the ab- copper.  Respecting these coins, see HECTE.
sence of certain specimens of the Lydian stater      5. The stater of Macedonia was coined by
and of an express statement of its value, we may  Philip II. and Alexander the Great after the
suppose from the very silence of the Greek wri- standard. of the Attic didrachm, and of very fine
ters, that it did not differ materially from  the  gold.  Under those princes it came into general
stater' which was afterwards current in Greece  circulation in Greece and throughout the Macedoand which was equal in weight to two drachmae, nian empire.  The extant specimens of this coinage
and in value to twenty. (Hesych. s. v. Xpvaovs: are very numerous.
Pollux, iv. 173; Harpocration, s. a. Aapealcds.)   Mr. Hlussey gives the following report of an assay
which was made for himl of a stater of Alexander.
Gold   I1 oz.  9 dwts.  6 grs.
~I/2'' $1 ~~Silver,,,    18,,:b   N             Alloy                     0
The silver is an accidental admixture, or, if known
\X~u    /    to be present, was not allowed for, so that this
coin may be reckoned at 133 grains of fine gold,
Our sovereign, after deducting the alloy, contains
lIACEDONIAN  STATER.  BRITISH MUSEtIM.     113-12 grains of fine gold. Therefore the Macedo-,
The following were the principal Greek staters:     stater       133
1. The Attic stater, which has been spoken of un-   a          113.12  f the English sovereign, or
der Auuvat. The weights of the coins there men- 11. 3s. 6d. 0'672 farthing. The average is however
tioned are 132-3, 132-7, 132'6, and 132'75 grains, a little below this stater, but not more so than is
the average of which is 132-5875 grains, which  due to wear.  The stater of Philip was very reonly falls short of the weight of the Attic didrachin  cently current in Greece at the value of about 25
by a little more than half a grain. [DRACHMA.] shillings.  This standard was preserved, or very
The gold of the Attic coins is remarkably pure.    nearly so, under the later Macedonian kings, and
2. The stater of Cyzicus was common in Greece, was adopted by other states, as Epirus, Aetolia,
especially at Athens. We learn from Demosthenes Acarnania, and Syracuse.
(in P/teor7. p. 914) that at a particular period (a    Besides the staters noticed above, most of the
little after B. C. 335) this stater passed on the Bos- cities of Ionia had gold coins, but their value is
porus for 28 Attic drachmae, which, by a compari- very doubtful.  There are specimens in existence
son with the then value of the daricus [DARIcus], from Chios, Teos, Colophon, Smyrna, Ephesus, and
would give for its weight about 180 grains.  Se- many other places.  Samos, Siphnus, Thasos, the
veral Cyzicene staters exist, but none of them  Greek cities of Sicily, and Cyrene had gold money
come up to this weight.  Hence we may conclude at an early period.
that the price of gold on the Bosporus was at that    Pollux mentions a Corinthian stater as used in
time unusually high.  Some of the existing coins Sicily which he calls aeKdAIhLpoS  rao —p, and makes
give 160 grains, and others not more than 120, for equal to 10 Aeginetan obols. (Pollux, iv. 174, ix.
the weight of the Cyzicene stater; but, allowing  80.)  The explanation of this statement is very
for debasement in the minting, and for subse- difficult, and depends in a great measure on the
quent wear, we may perhaps take 180 grains for disputed question whether the Corinthian money
about its true value, and if so, it belongs to the followed the Attic or the Aeginetan standard.
EuboYc standard.  Its value, calculated from the  [See Nusmsrus, p. 812, a.]
number of drachmae it passed for, would be 11.   In calculating the value of the stater in our
2s. 9d.                                          money, the ratio of gold to silver pnust not be over-.3. The Stater of Lampsacus is mentioned in an looked. Thus the stater of Alexander, which we
Attic inscription of B. c. 434. Several gold coins have valued, according to the present worth of
of Lampsacus are extant; they may be known by  gold, at 11. 3s. 6d., passed for twenty drachmae,
the impression' of a sea-horse upon them.  There  which, according to the present value of silver, were
are two in the British Museum of the weight of worth only 16s. 3d.  But the former gives the
about 129 grains, which is just that of the daricus. better idea of the worth of the stater, the differThe weights of the Lampsacene staters are very  ence arising from the greater value of silver in anunequal; and both Lampsacus and Cyzicus appear cient times than now.  [ARGENTUM.]
to have had gold coins which were multiples of   Besides the stater itself, there were, as appears
different standards.  It is not improbable, that from the above remarks, double staters, and the
the Euboic and Attic standards existed together halves ('utuXpvsovs, I7piLora'ripes), quarters, thirds,
at these places.                                 sixths, and twelfths of the stater.  The coins of
4.'The stater of Phocaea is mentioned by Thu- the last four denominations are, however, much less
cydides (iv. 52) and Demosthenes (in Boeot. p. common than the single, double, and half staters.
1019) as in circulation in their times.  Sestini   The term  rrar'5p, in later times, was applied to
3 




1058         STATUARIA  ARS.                                 STATUJARIA  ARS.
the silver tetradrachm, but whether it was so used  what is of real interest is to know the causes
in the flourishing times of Athens is doubtful. through which statuary, or, to use a more common
[DRACHMA.]                                       but less appropriate term, sculpture, became so
It was also used in reference to weight, appa- prezeminently the art of the Greeks, that down to
rently like the Hebrew shekel and the Latin pondo, this day no other nation has produced artists that
in a general sense. The MINA (Pollux, ix. 6) and  can compete with them, and that all look upon the
the Sicilian LITRA (Pollux, iv. 24), are both called  Greeks as the great masters and models for all
stater.                                          ages. Winckelmann has pointed out three great
(Sestini, degli Stateri Antichli; Hussey; Wurm; causes, viz. their innate genius, their religion, and
Bockh.)                               [P. S.]   their social and political institutions; and these
STATERA, a steel-yard,   [LIBRA; TRU- three points, if accurately examined, will certainly
TINA.]                                           be found to have singularly co-operated in making
STATI DIES.  [DIES, p. 409, b.]               the Greek artists what they were. There is another
STATIO'NES.  [CASTRA, p. 250, b.]              point connected with the origin of Grecian sculpture
STATIO'NES FISCI.  The Fiscus was di- lwhich appears to have led some modern writers to
vided into various departments, called Stationes, form erroneous opinions.  The peculiar form of the
according to the different revenues belonging to it. Hermae [HERMAR] has given rise to the belief
(Cod. 4. tit. 31. s. 1; 10. tit. 5. s. 1.)  Thus we  that in the earliest statues the head only (bust)
read of a Stistio XX. hereditatiuia (Orelli, Inser. was represented, and that the remaining part of
n. 3332), a Statio Htereditatimu  (Orelli, n. 3207; the body was expressed by a simple pillar or block.
Gruter, p. 451, n. 3); a Statio Annonac.  (Orelli, This view is contrary to nature as well as to hisII. 4107, 4420.)  See Walter, Gesch. des Rbm. tory, for neither a nation nor a child (which in this
Rechts, ~ 314. 2d ed.                            case may be fairly taken as a representative of a
STATIO'NES MUNICIPIO'RUM. [GRAE- nation in its infancy), when they begin to exercise
cOSTAsIS.]                                      their imitative faculty, will rest satisfied with
STATOR, a public servant, who attended on  forming the mere head of a human being, but enthe Roman magistrates in the provinces.  The  deavour to produce the whole as well as they can.
Statores seem to have derived their name from  We may add, that no other nation presents such
standing by the side of the magistrate, and thus  a phenomenon in the earliest history of its arts.
being at hand to execute all his commands; they  The Hermae, therefore, cannot have arisen from an
appear to have been chiefly employed in carrying  incapability of forming a whole human figure. They
letters and messages.  (Cic. ad Famr. ii. 17, 19, appear rather to point to the time when the Greeks
xo 21; Dig. 4. tit. 6. s. 10.)  Alexander Severus began to represent their gods in a human form. To
forbade the use of statores in the provinces, and  give to a god the entire form of a man would have
commanded that their duties should be discharged  been irreverent, whereas the head was necessary,
by soldiers.  (Dig. 4. tit. 6. s. 10; Lamprid.,Ilex. and at the same time sufficient, to represent him
Sev. 52.)                                        as a distinct individual being and endowed with
STATU  LIBER.  [MANUhvISSIO.]                 spiritual and thinking powers.  The process of
STATUA'RIA ARS is in its proper sense the  humanizing the gods must have been preceded
art of making statues or busts, whether they con- by the custom of representing them in unnatural
sist of stone or metal or other materials, and  forms, or such as were partly human and partly
includes the art of making the various kinds of animal.  The earliest images of the gods were pure
reliefs (alto, basso, and mezzo relieve).  The an- images (not the gods themselves), and intended to
cients, accustomed  to trace all their arts and  express some thought or idea: now as the natural
sciences to a single person, who was generally be- figure of man is only expressive of itself, the
lieved to have been led to his discovery by some  significant parts of two or more beings were put
accidental circumstance, relate several stories to  together to express the idea which men had formed
account for the origin and discovery of the arts of of their gods.  Such monstrous figures were repainting and statuary.  (Plin. H. N. xxxv. 5 and  tained as representations of some gods down to the
43; compare Quintil. x. 2. ~ 7.)  But arts such as latest times.  As instances of this we may menthese cannot, like those which are the necessary  tion Glaucus with the tail of a fish (Philostr. Icol.
result of particular local circumstances, or are in  ii. 15), the Arcadian Pan with goat's feet (Hist.
their origin of a complicated nature, be assigned to  lVl[ythol. Bilderb. ii. p. 161, &c.), and the Demeter
any particular nation or to any particular indi- of Phigaleia with the head and mane of a horse.
vidual: they spring up naturally in all countries, (Paus. viii. 42. ~ 3.)  Homer's silence on such
and take their origin alike everywhere in the  compound representations of the gods is no proof
imitative faculty bf man. It is, therefore, idle talk  that they did not exist in early times.
when modern writers gravely repeat the stories    Before proceeding to consider statuary in its
about the invention of sculpture or painting, or several stages of developement, it is necessary to
assign the invention of either of them  to the  make a few preliminary remarks respecting the
Egyptians or any other nation. These arts in their materials used by the Greeks in this art.  On the
infant state existed among the Greeks from time  whole it may be said that there is no material
immemorial, and if there are any resemblances applicable to statuary which was not used by
between the earliest works of Grecian art and those  the Greeks.  As soft clay is capable of being
of Egypt, we have still no right to infer that the  shaped without difficulty into any form, and is
Greeks learnt them from  the Egyptians, and we  easily dried either by being exposed to the sun or
might as well assert that the Greeks learnt their arts  by being baked, we may consider this substance to
from the Gauls or from the Siamese, for the works have been the earliest material of which figures
of these nations too resemble those of early Greece, were made.  We have a trace of this in the story,
An art in its primitive state manifests itself nearly  that Zeus, in his anger at Prometheus having stolen
il the smle manner in all parts of the world. But the fire, ordered Hephaestus to form Pandora of




STATUARIA ARS.                                   STATUARIA ARS.                  1059
earth moistened with tears.  (liesiod. Tkleoyon.  its application to statuary, ivory was generally
571, &c.; Stob. Seraz. 1.)  The name plastic art  combined with gold, and was used for the parts re('} 7rhaaTlwsc), by which the ancients sometimes  presenting the flesh. Winckelmann has calculated
designate the art of statuary, properly signifies to  that about one hundred statues of this kind are
form or shape a thing of clay.  But notwithstand-  mentioned by the ancients.
ing the great facility of making figures of clay,    The history of ancient art, and of statuary in
they are not often mentioned in the early ages of particular, may be divided into five periods.
Greece, while in Italy the Dii fictiles (7rnAhvoli
aeoi) were very common from  the earliest times.    Fist Period, f1on. tie earliest tlmes till about
Clay figures, however, never fell into disuse en-                O1. 50, or 580 B.c.
tirely, and in later times we find not only statues    The real history of the arts is preceded by a
of clay, but the pediments in small or rural temples  period of a purely mythical character, which trafrequently contained the most beautiful reliefs in  dition has peopled with divine artists and most
clay, which were copies of the marble reliefs of extraordinary productions.  Three kinds of artists,
larger temples.  When Pliny (I. N. xxxv. 43)  however, may be distinguished in this mythical
speaks of Rhoecus and Theodorus of Samos as the  period: the first consists of gods and daemons, such
inventors of the plastice, he seems to labour under  as Athena, Hephaestus, the Phrygian or Dardaniall
a mistake and to confound the art of working in  Dactyli, and the Cabiri.  The second contains
clay with that of casting in metal, as in later  whole tribes of men distinguished from others by
times the latter of these twvo arts was commonly  the mysterious possession of superior skill in the
called plastice.  Some ancient figures of clay are  practice of the arts, such as the Telchines and the
still preserved.                                   Lycian Cyclopes. The third consists of individuals
The second material was woogd, and figures made  who are indeed described as human beings, but yet
of wood were called  doava, from  E'wc, " polish " or  are nothing more than personifications of particular
" carve."  Various kinds of wood were used in  branches of art, or the representatives of families
statuary; we find mention of oak, cedar, cypress, of artists.  Of the latter the most celebrated is
sycamore, pine, fig, box, and ebony. It was chiefly  Daedalus, whose name indicates nothing but a
used for making images of the gods, and probably  smith, or an artist in general, and who is himself
more on account of the facility of working in it, the mythical ancestor of a numerous family of
than for any other reason.  It should, however, be  artists (Daedalids), which can be traced from the
remarked, that particular kinds of wood were used  time of Homer to that of Plato, for even Socrates
to make the images of particular deities: thus the  is said to have been a descendant of this family.
statues of Dionysus, the god of figs, were made of  It is, however, very probable that, in Homer,
fig-wood.  The use of wood for statues of the  Daedalus is merely an epithet of the god Hephaesgods continued to the latest times; but statues of tus.  (See Diet. of Biog. s. v.)  Hle was believed
men, as, for example, some of the victors in the  to be an Athenian, but Crete also claimed the
public games, were likewise made of wood at a  honour of being his native country. The stories
time whenl the Greeks were sufficiently acquainted  respecting him are more like allegorical accounts of
with the art of working in stone and metal.        the progress of the arts than anything else.  He
S'toae was little used in statuary during the  was principally renowned in antiquity for his,oalva,
early ages of Greece, though it was not altogether  and several parts of Greece, as Boeotia, Attica,
unknown, as we may infer from the relief on the  Crete, and even Libya in later times, were believed
Lion-gate of Mycenae.  In Italy, where the soft to possess specimens of his workmanship. (Panis.
peperino afforded an easy material for working, vii. 5, ix. 40. ~ 2, i. ]8. ~ 5; Scylax, p. 53, ed.
stone appears to have been used at an earlier  Huds.)  Numerous inventions also, especially of
period and more commonly than in Greece. But in  instruments used in carving wood, are ascribed to
the historical times the Greeks used all the principal  him. He is said to have made his statues walking,
varieties of marble for their statues; the most ce-  which appears to mean that before his time human
lebrated kinds of which were the marbles of Paros  figures were represented with their legs close toand of Mount Pentelicus, both of which were of a  gether, and that in his statues the legs were sepawhite colour.  Different kinds of marble and of rated, which was at once a great step forward, as
different colours were sometimes used in one and  it imparted greater life and activity to a figure.
the same statue, in which case the work is called  Soiilis (from   XiAXlq, a carving-knife) exercised his
Polylithic statuary.                               art in Samos, Aegina, and other places, and some
Bronze (XdAoKos,   aes), silver, and gold were used  remarkable works were attributed to him. (Miiller,
profusely in the state of society described in the  Aeginet. p. 97.)  Endoeus of Athens is called a
Homeric poems, which is a sufficient proof that disciple of Daedalus.  Various works were attriworks of art in these metals were not altogether buted to him by the ancients.  One among them
unknown in those times. At that period, however, was a colossal Sdavov of Athena Polias in a temple
and long after, the works executed in metal were  at Erythrae in Ionia. She was represented sitting
made by means of the hammer, and the different upon a  povos, holding a spindle in her hand, and
pieces were joined together by pins, rivets, cramps, with a rdAos on her head.  Pausanias (vii. 5. ~ 4)
or other mechanical fastenings, and, as the art saw this E6avov himself. (See Diet. of Biog. s. vv.
advanced, by a kind of glue, cement, or solder. Daedalus, Erdoezts, Smilis.)
Iron came into use much later, and the art of    According to the popular traditions of Greece,
casting both bronze and iron is ascribed to Rhoecus  there was no period in which the gods were not
and to Theodorus of Samos. (Paus. x. 38. ~ 3.) represented in some form or other, and there is no
[AEs; METALLUM.]                                   doubt that for a long time there existed no other
Ivory came into use at a later period than any  statues in Greece, than those of the gods; a statue
of the before-mentioned materials, and then was  of a man appears for a long time to have been a
highly valued both for its beauty and rarity.  In  thing unheard of in Greece.  The earliest repre3 v 2




1060           STATUARIA ARS.                                   STATUARi-A ARS.
sentations of the gods, however, were by no means  in various branches of the arts is abundantly atregarded as the gods themselves or even as images  tested  by numerous passages in  the Homeric
of them, but only as symbols of their presence;  poems.  We must not however attribute too much
and as the imagination of a pious primitive age  to this foreign influence, for there were many other
does not require much to be reminded of the pre.-  causes at work besides, by which the Greek colosence of the deity, the simplest symbols were  nies, not only of Asia, but of Sicily and Italy also,
sometimes sufficient to produce this effect. Hence  were carried forward in advance of the motherwe find that in many places the presence of a god  country.  The ancient coins of the Italian Greeks
was indicated by the simplest and most shape-  too are much more beautiful and show more indiless symbols, such as unhewn blocks of stone (A-  viduality than those of Greece proper; fwe also
fbo adpyol, Paus. ix. 27. ~ 1, 35. ~ 1, vii. 22.  find that Learchus of Rhegium' came to Sparta at
~ 3), and by simple pillars or pieces of wood.  a very early period, and formed there the ear(Paus. vii. 22. ~ 3.; Clem. Alex. Stro2-. i. p.418, liest bronze statue of Zeus, which consisted of
and p. 348, ed. Sylburg; DOCANA and DAEDALA.)  several pieces nailed together. (Paus. iii. 17. ~ 6.)
MIany such symbolic representations of gods were  About the same timne, as some think, Gitiadas of
held in the greatest esteem, even in the historical  Sparta made a bronze statue of Athena.  (Paus.
ages, as sacred inheritances of former times, and  iii. 17. ~ 13.)  There is, however, very great unremlained the conventional representations of the  certainty respecting the true dates of these artists.
gods notwithstanding the progress which the arts  (See Diet. of Biog. s. vv. Giiatdias, Leaorczls.)
had made.  The general name for a representation  Another great work in bronze belonging to this
of a god not consisting of such a rude symbol was  period is the colossal statue of Zeus which was
dyaAlua.  (Ruhnken,. acd Tims. p. 2.)              dedicated at Olympia by Cypselus or Periander of
In the Homeric poems, although the shield of Corinth, and for which the wealthy Corinthians
Achilles, the gold and silver dogs which kept  were obliged to sacrifice a considerable part of their
watch at the palace of Alcinous, and other similar  property. (Strab. viii. pp. 353, 378; Phot. and Suid.
things may be pure fictions, there are sufficient s. v. KubeaXLcv,.) About 650 B. C. Myron of Sicyon
traces of the existence of statues of the gods; but  dedicated two avdAa/ioe of bronze at Olympia, which
it would seem that, as the ideas of the gods were  were still there in the days of Pausanias (vi. 19.
yet gigantic and undefined, the representations of ~ 2).
several superhuman beings were more calculated to    The time which elapsed between the composition
inspire awe than to display any artistic beauty.  of the Homeric poems and the beginning of the
(II. xi. 36, &c.; Hesiod, Scut. Hec. 144, 156, fifth century before our aera may be termed the
248, &c.) This was however not always the case. age of discovery; for nearly all the inventions,
Temples are mentioned in several places (II. i. 39, upon the application of which the developement of
vii. 83, &c.), and temples presuppose the existence  the arts is dependent, are assigned to this period,
of representations of the gods. A statue of Athena  which may at the same time be regarded as the first
is mentioned at Ilion, upon whose knees the queen  historical period -in the history of art.  Glaucus of
places a magnificent peplus.  (Ii. vi. 92; comp.  Chios or Samos is said to have invented the art of
273.)  The statue thus appears to have been in a  soldering metal (orl6 pov icoAX7-trs, Herod. i. 25).
sitting position like the statues of Athena among  The two artists most celebrated for their discoveries
the Ionians in general. (Strab. xiii. p. 601.)  The  were the two brothers Telecles and Theodorns of
existence of a statue of Apollo must be inferred  Samos, about the time of Polycrates.  The most
from  Iliad i. 28, for the cr'4yua &eo7o call only  important of their inventions was the art of castiing
mean the wreath or diadem with which his statue  figures of metal.  It is a singular circumstance,
itself used to be adorned.  This statue must more-  that the very twvo artists to whom  this invention
over have been represented carrying a bow, for at-  is ascribed, are said to have made their studies ill
tributes like dpyvpo'rotos could have no meaning  Egypt; and the curious story of the two brothels
unless they referred to something existing and  executing a Jdavov, of the Pythian Apollo in shich
well-known.  Other proofs of representations of manner, that while Telecles made the one half of
the gods in human form may be found in Iliad ii. the statue at Delos, the other half was made by
478, &c. iii. 396, &c.  These statues were un-  Theodorus at Ephesus, and that when the two
doubtedly all dtova, and, as we must infer from the  halves were put together, they tallied as accurately
expressions of Homer, were far more perfect than  as if the whole had been the work of one artist
they are said to have been previously to the time  (Diodor. i. 98), has been thought to support the'of Daedalus.  A work still extant, which is cer-  Egyptian tradition that these artists were greatly
tainly as old as the time of Homer, if not much  assisted in the exercise of their art by what they
older, is the relief above the ancient gate of Myce-  had learnt in Egypt.  But, in the first place, the
nae, representing two lions standing on their hind  whole story has a very fabulous appearance, and
legs, with a sort of pillar between them. (Paus. ii. even admitting that the artists, as the Egyptians
16. ~ 4; Sir W. Gell, Argol. pl. 8-10; GSttlirng  asserted, had actually been in their country, noin the Rhleizisch.  [ulus. 1841. part 2: wood-cut  body will on this ground maintain that they learnt
under Muuvs.)  These facts justify us in sup-  their art there: the utmost they could have learnt
posing that, at the time of Homer, the Greeks, but might have been some mechanical processes: the
icore especially the Ionians of Asia Minor, had  art itself must be vindicated for the Greeks.  In
mlade great progress in sculpture.  The lonians  the second place, Telecles and Theodorus are called
appear to have been far in advance of the Greeks  by Diodorus sons of Rhoecus, and Pausanias hinmof the mother-country.  The cause of this must  self, who was unable to discover a bronze work of
probably be sought in the influence which some of Theodorus, saw at Ephesus a bronze statue which
the nations of western Asia, such as the Lydians,  was the work of Rhoecus (x. 38. ~ 3.)  Hence we
Lycians, and Phoenicians, had upon the Ionian  have reason to suppose that Telecles and Theodorls
colonists, for that these nations excelled the Greeks  learnt at any rate the art of casting metal from




STATUARIA ARS.                                   STATUARIA AiRS.                1061:
their father, and not in a foreign country.  Re-  style in which they are executed is called the
specting the various accounts of these two artists  archlaic or the hieratic style.  The figures are stiff
and the time at which they lived, see the Diet. of and clumsy, the countenances have little or no inBigy. s. vv.  Pliny (H. N. xxxv. 55) says, that  dividuality, the eyes long and small, and the outer
Pasiteles called the art of modelling clay the mother  angles turned a little upwards, the mouth, which is
of the art of casting figures in metal (statuaoria),  likewise drawn upwards at the two corners, has a
fand this passage has been explained as if Pasiteles  smiling appearance.  The hair is carefully worked,
meant to say that in Samos the former of these  but has a stiff wiry appearance, and hangs genearts had given rise to the latter.  But this is ma-  rally down in straight lines which are curled at the
nifestly wrong, for from  the words which follow  ends. The arms hang down the sides of the body,
in the text of Pliny it is clear that the meaning  unless the figure carries something in its hands.
is, that he never executed any work in metal, Thile drapery is likewise stiff, and the folds are very
marble, &c. without previously taklcing a model symmetrical and worked with little regard to na-'
in clay.                                           ture.  As the arts durilng  this period were chiefly
Statues of gods in baked clayn though in general employed in the service of religion, they could,
more used for domestic and private than for public  notwithstanding the many mechanical discoveries
worship, continued to be made as before.  Many  of the time, nake but slow progress towards the
specimens of small dimensions and of very rude  production of arts of sublimity or beauty, for ill
workmanship have been discovered in Attic graves.  the representation of the gods for public worship
(See Schol. ad Aristopih. Av. 436.) Ornaments and  ancient forms hallowed by time and custom were
reliefs on houses, porticoes, and temples were like-  retained and repeated without the artist being alwise very commonly made of clay, especially at lowed, even if he was able to do it, to depart from
Corinth and in the Cerameicus.  (Paus. i. 2. ~ 4, these forms or to introduce any material change.
i. 3. ~ 1.)                                        Art therefore could not make any great progress,
Representations of the gods in marble are not until it was applied to purposes in wvhicll the armentioned in Homer, although they may have ex-  tist's genius was not restrained by religious custom,
isted in his time, as well as statues of wood, which  and not bound to conventional forms.  Beligion,
are likewise not expressly mentioned.  Marble is  although the fostering mother of the arts in their
found in the ancient Thesaurus of Orchomenos. infancy, became a tedious restraint when they
Pliny (H. N. xxxvi. 4. s. 2) calculates that works  grew up to manhood. But as soon as other sphere:.
in marble were executed by Malas in Chios at the  of action were opened, religion, in her turn, could
beginning of the Olympiads; and about 01. 50  not escape from the influence of the advancemento
(580 B. c.).  Dipoenus and Scyllis were renowned  of the arts, and the old conventional forms in many
for their works in marble.  The most ancient spe-  places gave way to works of real merit and genius.
cimen of a marble statue was seen by Pausanias  This great and important change took place about
(i. 43. ~ 7) in the market-place of Megara.  The  and after 01. 50.
work consisted of two figures, Coroebus killing
Poene. There are still extant some works in mar-. Second  Pe. 0 to. 7
ble which may with certainty be ascribed to the                   (580-48   B..)
period previous to 01. 50.                           This period, although comprising no more than
Before we conclude our account of the works  one century, developed all the elements which cornproduced during this period, we have to mention  bined to make Grecian art what it became during
the celebrated chest of Cypselus at Olympia, which  the third and most flourishing period of its history.
Pausanias saw and described (iv. 1 7. ~ 2, &c.). It  Greece now came into close contact with the nabelonged perhaps to the year 733 B. c.  The chest tions of the East and with Egypt; commerce flouwas made of cedar-wood, which,was thought most rished at Corinth, Aegina, Samos, Miletus, Phocaea,
durable.  It was adorned on its four sides arnd on  and other places; gold became more abundant in
the cover with figures, partly in ivory, partly  Greece than it had been before, and the tyrants,
in gold, and partly in the cedar-wood itself, which  who sprang up in several parts of Greece, surroundrepresented various scenes taken from  the stories  ed themselves with splendour and magnificence,
of the heroic ages. Pausanias does not express his  and acted as the patrons of art to palliate their own
opinion as to their artistic merits, but the minute-  usurpation.  But all these were only external inness with which he describes them is a sufficient fluences,' and could not have produced a nation of
proof that he did not consider them  as bad either  artists like the Greeks. Epic poetry had gradually
in design or execution.  Quatremdre de Quincy  created in the minds of the people more defined
has attempted (in his Jupiter Olywjpieim) to restore  ideas of their gods and heroes, while philosophy
this chest and its ornaments from the description 1 began to make men 10ok beyond what wrals convenof Pansanias; but the restoration is so egregiously  tional and traditionary. The athletic and orchestic
bad, that an eye accustomed to the contemplation  arts attained about 01. 50 a high degree of perfecof genuine works of art shrinks from it with dis- tion, and the circumstance that about the same
gust.                                              time the gymnastic and athletic contests at the great
During the whole of this period we scarcely  public festivals began to be performed naked, dihear of any statues except those of the gods, and  rected the attention of the artists as well as of the
although marble and bronze began to be exten-  public to nature, and rendered them  familiar with
sively applied, yet wood was much more generally  the beautiful forms of the human body.  But the
used for representations of the gods. These statues  imitation of nature was at first of a very hard and
were painted [PICTURA, p. 905], and in most cases  severe character, and the influence of conventional
dressed in'the most gorgeous attire.  The general forms still acted in many cases as an obstacle.
character of the statues produced in the earlier    The number of artists who flourished during
times of this period is on the whole the same as'this period is truly astonishing.  It has'been said
among other nations at such an early period. The  that the close coinnection of father and son among
3Y 3




1062          STATUARIA ARS.                                    STATUARIA ARS.
the artists ceased at this time, and that individual  wood and in toreutic.  Pliny (H. A,. xxxvi. 4)
artists worked free and according to the dictates of calls Sicyon' dius officinarum  onziurz metallorum
their own genius.  But this is going too far, for it patria.  Canachus, whose works Cicero (Brut. 18)
still continued to be the common practice for a son  calls more rigid and hard than was consistent with
to be instructed by his father, and although this  the truth of nature, was the most distinguished
relation is usually expressed by the term MaO0rT7's, among the Sicyonian artists, and his skill found
yet on statues we only meet with the term  vids. employment in other parts of Greece also.  His
But, along with these families of artists, schools now  most celebrated work was a colossal bronze statue
became more general, in which the arts were taught of Apollo Philesius in the Didymaeon, the descripand cultivated according to certain principles which  tion of which may give us an idea of the character
were or became traditionary in each school; the  of temple statues at this period.  The whole figure
schools thus acquired something of the spirit of was stiff, very muscular, and without any elegance.
castes or corporations.                            In his right hand, which was stretched out, the
The Ionians of Asia Minor and the islanders of god held a fawn, and in the left, which was somethe Aegean, who had previously been in advance  what lower, a bow.  The features of the counteof the other Greeks in the exercise of the fine arts, nance were hard and worked in the old hieratic
had their last flourishing period from 01. 55 to 01. style; the hair was divided and hung down like wire
63 (560-528 B.c.).  But this short period must with little curls at the end. (Muller, ArchGiol. p. 64.)
have been one of the greatest as well as one of the    In Aegina the arts appear likewise to have conmost active and productive of numerous costly  tinned to flourish as before, and the most celebrated
works of art.  The presents which Croesus sent to  among its artists was Callon, about 01. 66. (Pans.
Delphi, and some of which were said to have been  iii. 18. ~ 5, iv. 14. ~ 2.)  Athens, which at this
made by the Samian Theodorus, must have been  time rivalled Aegina in the fine arts, appears in a
executed at the beginning of these forty years. short space to have made great progress, for great
Our want of information respecting the Ionians  artists as well as great works begin now to apmust be ascribed to the circumstance that we have  pear in the pages of Athenian history.  This was
no Pausanias to take us through their cities, and  in part owing to the influence of the Peisistratids.
to describe and explain the works of art with which After the death of Peisistratus himself, the first
they were adorned.  It is owing to the same cir- quadriga of bronze was erected in front of the temcumstance that we know so little of Rhodes, Lem- ple of Pallas.  The most celebrated among the
nos, Naxos, and Cyprus, although wemay take for Athenian sculptors were Critias and Hegias or
granted that these flourishing islands did not by  Hegesias, both distinguished for their works iii
any means neglect the arts.  Respecting Chios and  bronze.  The former of them  made in 01. 75 the
Samos we possess more information.  Works in statues of Harmodins and Aristogiton,  (See the
metal were produced in high perfection in the lat- articles in the Diet. of Biog.)
ter island, in Aegina and Argos, while Chios gain-    Argos ilso distinguished itself, and it is a curious
ed the greatest reputation fiom  its possessing the  circumstance, that the greatest Attic artists with
earliest great school of sculptors in marble, in I whom the third period opens, and who brought the
which Bupalus and Anthermus were the most dis-  Attic art to its culminating point, are disciples of
tinguished about 01. 60.  Their works were scat- the Argive Ageladas (about 01. 66), which at once
tered over various parts of Greece, and their value  raises this city and her other artists, such as Arismay be inferred from the fact that Augustus adorn- tomedon, Glaucus, Dionysiuss, and  others to a
ed with them the pediment of the temple of Apollo igreater importance than we mighllt otherwise be inon the Palatine.  (Plin. II. 1V. xxxvi. 4.)  These  dined to attribute to them.
works must be suipposed originally to have belonged    Among the numerous works produced during
to a Greek temple of the same god, and must cer-  this period we shall first mention the representatainly have been of superior beauty to the works  tions of the gods (dya'AaT'ra).  In all the statues
discovered in the island of Aegina, otherwise An-  which were made for temples as objects of worship,
gustus would not have chosen them as ornaments  the hieratic style was more or less conscientiously
for the Palatine temple.  Sicyon also possessed a  retained, and it is therefore not in these statues
celebrated school of sculptors in marble, and about' that we have to seek for proofs of the progress of
01. 50 Dipoenus and Scyllis, who had come from  art.  They were for the most part, as of old, made
Crete, were at the head of it, and executed several of wood, and when an old statue was to be replaced
marble statues of gods.  (Plin. i. c.)  In Aetolia,  by a new one, the latter was generally a faithful
whither they withdrew  for a time, and at Argos, copy of the former.  Thus the wooden statue of
there likewise existed works in marble by these:)emeter at Phigaleia with a horse's head, from
artists.  Disciples of them, such as Dorycleidas,  which dragons and other monsters sprang forth,
Medon, and Theocles, were engaged at Sparta and  and which bore a dolphin and a dove in its hands,
in other places. (Palns. v. 17. ~ 1, vi. 19.)  Re-  was imitated by Onatas in bronze after the wooden
specting Magna Graecia and Sicily we know few  figure had been burnt.  (Paus. viii. 42.)  Thle
particulars, though it appears that the arts here  same adherence to ancient forms of the gods was
wvent on improving and continued to be in advance  also visible in other cases; for when colonies were
of the mother-country. The most celebrated artists  sent out the images of the gods of the mother-city
in southern  Italy were Dameas of Croton and  were for the most part faithfully copied for the coPythagoras of Rhegium.  (See the lives of these  lony, and such copies were called dqci8pdJura,.
artists in the Dictionary of Biographly.)          (Dionys. Hal. ii. 22, viii. 56; Strab. iv. p. 179.)'In Greece itself Sicyon continued from  early  The instances of the Apollo Philesius and of tile
times to be the seat of a distinguished school of ar.  Demeter of Onatas show that even in temple-statists.  Here Canachus and Aristocles flourished' tues wood began to give way to other and better
about 01. 70 as statuaries in metal, though the  materials.  Besides bronze, marble also, and ivory
former was also celebrated in the art of carving in  and gold were now applied to statues of the gods,




STATUARIA  ARS.                                STATUARIA  ARS.               1'0.63
and it was not very uncommon to form the body of on all hands that nothing contributed more to the
a statue of wood, and to make its head, arms, and  advancement of statuary than the contests at the
feet of stone (dKpA1hOoL), or to cover the whole of public games, as they not only rendered the artists
such a wooden figure with ivory and gold. (Paus. familiar with the greatest variety of attitudes, and
ii. 4. ~ 1, vi. 25. ~ 4, &c., ii. 22. ~ 6; Eurip. with the most beautifully developed forms of the
Troad. 1081.)  The latter method, which about bodies of the athletes, but also afforded to thenm
this time became a distinct and much admired  numerous opportunities to represent in their works
branch of statuary, was practised by Dorycleidas, those same persons and attitudes which they had
Theocles, Medon, Canachus, Menaechmus, and  seen and admired. The widest field for study and
others, and appears to have been introduced by  exercise was thus opened to the artists.
Dipoenus and Scyllis.  Quatremere de (Quincycon-    We have seen that at a very early period of
sidered this kind of sculpture, which the moderns  Grecian art attempts were made to adorn the outcall chryselephantine sculpture, as a part of the art side of temples and other public buildings, but it
which the ancients called toreutic (-TpeVTiKC).  was not till the period we are now describing that
There are few errors more surprising than this, and  it became customary to adorn the pediments, friezes,
yet the opinion of the French critic has been re- and other parts of temples with reliefs or groups of
peated as if there could be no doubt about it. statues of marble.  We still possess two great
[ELEPHAS.]                                       works of this kind which are sufficient to show
From the statues of the gods erected for worship  their general character during this period.  1. The
we must distinguish those statues which were de- Selinuzntinze Mccarbles, or the metopes of two temples
dicated in temples as auaOs uara, and which now  on the acropolis of Selinus, in Sicily, which were
became customary instead of craters, tripods, &c. discovered in 18'23 by W. Harris and Sam. Angell,
But here too the change was not sudden, for the  and are at present in the Museum of Palermo.
statues at first were frequently connected with tri-  Those belonging to the western temple appear to
pods and similar ornaments. At Amyclae there  have been made at the beginning of this period, as
were tripods made by Callon and Gitiadas with  they show a very great resemblance to the works
small statues of goddesses under them. (Paus. iii. in the hieratic style. The figures of the other or
18.) In the execution of statues to be dedicated as  middle temple show indeed a considerable advanceavaO0q7asa, even though they were representations  ment of the art, but the execution is still hard and
of gods, the artists were not only not bound to any  stiff; they may have possibly been executed a short
traditional or conventional forms, but were, like  time before 01. 75. (See S. Angell and Th. Evans,
the poets, allowed to make free use of mythological Sculptured Metopes discovered among the ruins of'
subjects, to add, and to omit, or to modify the  Selinus, Lound. 1826; comp. MIETOPA.)  2. Tile
stories, soas to render them more adapted for their Aeginetan Marbles were discovered in 1812 in the
artistic purposes.                               island of Aegina, and are now at Munich in the
A third class of statues, which were erected dur- collection of the king of Bavaria. They consist of
ing this period in great numbers, were those of the  eleven statues, which adorned two pediments of a
victors in the great national games and of other  temple of Athena, and represent the goddess leaddistinguished persons (dvapldVyssE).  The custom of ing the Aeacids against Troy, and contain manifest
erecting statues of the victors in public appears to  allusions to the war of the Greeks with the
have commenced about 01. 58 (Paus. vi. 18. ~ 5);  Persians.  Many small holes in the marble render
but these statues soon became extremely numerous, it probable that originally several parts of these
and many of them were executed by the first artists  statues, perhaps the armour, were of bronze, and
of the time.  In some the influence of the hieratic  fixed to them  with nails.  The general character
style was visible, or they were even made in that of these Aeginetan statues is a mixture of the
style, as the statue of Mylon by Dameas.  (Phi-  archaic style and an anxious imitation of nature.
lostr. Apoll. Tyan. iv. 28; comp. Pans. iv. 28, The hair is wiry, and traces of paint are visible on
vi. 14. ~ 2.)  Although these statues were gene- all parts of the statues, with the exception of those
rally not portraits, for Pliny (H.N. xxxiv. 9) states  representing the flesh.  (See Edw. Lyon, Outlines
that only those who had gained the victory thrice  of the Egina Marbles, 1829.)
were allowed to have an iconic statue erected, yet    Besides these a great number of works in bronze
they were destined to preserve the memory of the  and marble of this period are still extant; they are
particular physical powers and the bodily develope-  partly round figures or statues and partly reliefs.
ment of the athletes, or even to show the peculiar (Miiller, Archiiol. p. 73, &c.)  Some of the best
skill or the peculiar stratagems by which an athlete  specimens in marble relief, which seem to form the
had excelled and overcome his adversary, and thus  transition from this to the third period, are preafforded to the artists numerous opportunities of served in the British Museum. (See Combe, Ml]farrepresenting figures in a variety of attitudes and  bles of the Brit. Mus. ii. pl. 6 and 7; Specimens of
actions.  (Paus. vi. 10. ~ 1, viii. 40; Schol. ad  Anc. Sculptus-e, pl. 11.)  It is not always easy to
Pind. 01. vii. init.; Xenoph. MAlen. iii. 10. ~ 6.)  say whether a work made in the archaic style is
Statues erected in public or dedicated in temples in  really as old as the style indicates, as this style
honour of other distiguished persons are mentioned  was never entirely abandoned, and was retained
very rarely during this period, but they appear in temple-statues even under the Roman emperors.
generally to have been portraits (eiKYce,'v  statuae
iconicae). The earliest statues of this kind we Iwe. Tw tzd Periodftom 01. 75 to 0e. 111.
know of are those of Cleobis and Biton of Argos,                (480-336 B. C.)
which were dedicated in the temple of Delphi about    During this period Athens was the centre of the
01. 50. (Herod. i. 31.) The first iconic statues of fine arts in Greece.  The Persian wars awakened
Harmodius and Aristogition were made by Antenor  in the hearts of the people the feeling and the conin 509 B. c., and in 477 B. c. newt statues of the  viction of their own power, and the Greeks, who
oname persons were made by Critias.  It is allowed  had at first only warded off the attacks of the baraY 4




10X4        STATUARIA ARS.                                  STATUARIA  ARS.
barians, now felt strong enough to act on the offen-  H. iV. xxxiv. 19. ~. 1; Quinctil. xii. 10. ~ 7; Cic.
sive.  The fall of the Spartan Pausanias raised  Brut. 18; Lucian, Imag. 6.) Pythagoras was disAthens ill 472 B. c. to the supremacy in the wars  tinguished for the perfection with which he exagainst Persia.  Athens had now acquired a pow-  pressed the muscles, veins, and hair in his athletic
erful navy, and the tributes of the allies, which  statues, for the beautiful proportions and the poweramounted at different times from  460 to 1200  ful expression of these'statues which, as Pliny says,
talents, and which from 462 B. c. were deposited  made the beholders feel the pains which the indiin the treasury at Athens, raised the city to a  viduals represented were suffering.  (Plin. H. Ar
height of power such as few cities have ever pos- xxxiv. 19. ~ 4; Paus. vi. 6. ~ 1; 13. ~ 4.) Several
sessed.  Only a small portion of these treasures  of his works are specified by Pausanias and Pliny.
was spent upon war; the rest was applied at first ( See Diet. of Biog. s. v.) The career of Pheidias the
to the fortification of the city, and afterwards to  Athenian begins about 01. 82. The genius of this
the building of temples, porticoes, theatres, gym- artist was so great and so generally recognised, that
nasia, &c. Among them  we need only mention  all the great works which were executed in the age
the Theseum, the Parthenon, the Propylaea, the  of Pericles were placed under his direction, and
stone theatre, the Poecile, and the Odeum. After  thus the whole host of artists who were at that time
the wars with Persia Athens appears by no means  assembled at Athens were engaged in working out
exhausted or broken down, but refreshed and  his designs and ideas. (Plut Peric. 12.) He himstrengthened like nature after a heavy storm.    self was chiefly engaged in executing the colossal
Statuary during this period went hand in hand  works in ivory and gold, the expenses of which
with the other arts and with literature: it became  were supplied by the Greek states with the greatest
emancipated from its ancient fetters, from the stiff- liberality, and other works in bronze and marble.
ness and conventional forms of former times. The  (For all account of the chryselephantine statues of
free and noble spirit of the Athenian democracy  Athena at Athens, and of Zeus at Olympia, and.
showed its influence in all departments of litera-  the other works of Pheidias, see the Dict. of Bioq.
ture and art, and among the latter statuary reached  s. v.)  Pheidias was greatest in the representation
its culminating point in the subl'ime and mighty  of the gods, and especially in portraying the chaworks of Pheidias.  (See Dict. of Biog. s. v. Phei-  racter of Athena, vhlich he represented with various
dias.)  The democratical spirit did not however modifications, sometimes as a warlike goddess, and
lead to any kind of extravagance in the arts: no  sometimes as the mild and graceful protectress of
vehement passions or actions were represented, and  the arts. (Plin. Hi. N. xxxiv. 8. s. 19. ~ 1; Panus. i.
although the character of those works which belong  28. ~ 2; Lucian, Imag. 6.)
to the latter half of this period differs very much    We do not read of many disciples of Pheidias,
from those of the former half, yet on the whole  but the most distinguished among them  were
all show a calm dignity and an almost passionless  Agoracritus of Samos and Alcalmenes of Athens.
tranquillity of mind, a feature so peculiar to all Both, though the latter with greater independence,
the great masterpieces of Grecian art.  The Pelo-  applied their skill like their master to statues of
ponnesian war and the calamities which accom- the gods; both were especially renowned for the
panied it produced a change in the state of things; great beauty, softness, and calm  majesty with
a new generation now stepped into the place of which they represented goddesses, il the composithe heroic race which had partaken in or witnessed  tion of which they rivalled each other.  Some of
the memorable events of the Persian war.  Sen-  the statues of Alcamenes were very highly valued
suality and an indulgence of the passions became  in antiquity, especially his Hecate, Athena, Aphrothe prominent features in the character of the  dite in the gardens, Hephaestus, and also thel
Athenian people; and the prevailing desire after groups in the pediment of the temple at Olympia.
pleasures and strong excitements could not fail to i The most celebrated statue of Agoracritus was the
produce an injurious influence upon the arts also. Nemesis of Rhamnus, which had originally been
In the works of art which were produced after the  intended as an Aphrodite to compete with that of
year 380 B. C. there was no longer that calm and  Alcamenes, but was afterwards by the addition of
sublime majesty which characterised the works of the proper attributes consecrated as a Nemesis at
Pheidias and his more immediate followers, but the  Rhamnus.
figures were more pathetic, and calculated to have   VWe still possess a series of sculptured works in
a greater effect upon the senses of the beholders. marble which were made by the school of Pheidias,
The different stages of the arts during this period  and some of them undoubtedly by the great master
bear the most striking analogy with the three  himself.  These works are:
phases of tragedy as they lie before us in the works    i. Some parts of the eighteen sculptured metopes,
of the three great dramatists, Aeschylus, Sophocles, together with the frieze of the small sides of the
and Euripides.                                   cella of the temple of Theseus. Ten of the metopes
Argos was, next to Athens, the most distin-  represent the exploits of Heracles, and the eight
guished seat of the arts during this period, and the  others those of Theseus.  The figures in the fiieze
works of the Athenian and Argive artists spread  are manifestly gods, but their meaning is uincertain.
over all Greece, and became the models for other All the figures are fill of life and activity, and
Greek artists.                                   worked in the sublime style of the school of PheiThe developement of statuary at Athens and  dias.  Some antiquarians value them  even higher
Argos had been prepared by Calamis of Athens  than the sculptures of the Parthenon.  Casts of
and Pythagoras of Rhegium, the former of whom, these figures are in the British Museum. (Compare
although not quite free from the hardness of the  Stuart, Alnt. iii. chap. 1.)
earlier style, yet produced a great variety of works,    2. A considerable number of the metopes of the
among which are mentioned representations of gods  Parthenon, which are all adorned with reliefs in
in a sublime style, graceful statues of women, and  marble, a great part of the frieze of the cella, some
spirited horses, in which he was unrivalled, (Plin, colossal figures, and a nuilmberof fragments of the




STATIJARIA ARS.                                  STATUARIA ARS.                  1065
two pedinents of this temple.  The greater part of Mor&ee, pi. 74 —78.)  The figures of these marbles
these works is now in the British Museum, where  are indeed free from the fetters of the ancient style,
they are collected under the name of the Elgin  and show  a true imitation of nature, but do not
Marbles.  They have been described and con-  nearly come up to the ideal simplicity of the works
mented upon so often, that they require no fuirther  of Pheidias.
mention here.  (See Diet. of Biog. s. v. Pheidias.)  About the same time that the Attic school rose
3. The marble reliefs of the temple of Nike  to its highest perfection under Pheidias, the school
Apteros belong indeed to a later age than that of of Argos was likewise raised to its summit by
Pheidias, but they are manifestly made in the spirit  Polycleitus, who was inferior to the former in his
of his school. They represent with great liveliness  statues of gods (Quinctil. xii. 10. ~ 7, &c.; Cic.
and energy contests of Greeks with Persians, and  Brust. 18), though he advanced the toreutic art in
of Greeks among themselves.  These also are in  his colossal statue of Hera at Argos further than
the British Museum.                                Pheidias.  (Plin. H.N. xxxiv. 8. s. 19. ~ 2.)  But
All these sculptures breathe on the whole the  the art of making bronze statues of athletes was
same sublime spirit, though it would seem  that carried by him  to the greatest perfection: ideal
some, especially some figures of the metopes of the  youthful and manly beauty was the sphere in which
Parthenon, were executed by artists who had not he excelled.  Among his statues of gods we only
emancipated themselves entirely from the influ6nce  know two, that of Hera and another of Hermes.
of an earlier age.  With this exception and some  Pliny mentions several of his representations of
other slight defects, which are probably the conse-  human beings, in which without neglecting to give
quences of the place which the sculptures occupied  them  individuality,  he made youthful figures in
in the temples they adorned, we find everywhere a  their purest beauty, and with the most accurate
truth in the imitation of nature, which, without proportions of the several parts of the human body.
suppressing or omitting anything that is essential, (Plin. 1. c.; comp. Strab. viii. p. 372.)  One of
and without any forced attempt to go beyond na-  these statues, a youthful Doryphorus, was made
ture, produces the purest and sublimest beauty:  with such accurate observation of the proportions
these works show lively movements combined with  of the parts of the body, that it was looked upon
calmness and ease,'a natural dignity and grace  by the ancient artists as a canon of rules on this
united with unaffected simplicity; no striving after  point.  (Cic. Bruzt. 86, Orat. 2; Quintil. v. 12.
effect, or excitement of the passions.  These sculp- ~ 21; Lucian, de Saltat. 75.)  Polycleitus is said
tures alone afford us ample means to justify the  to have written a work on the same subject, and it
ancient critics, who state that the MetyaaXeiov and  may be that his Doryphorus was intended to give a
re-lo'v, or the grand and sublime, were the charac-  practical specimen of the rules he had laid down
teristic features of Pheidias and his school. (De- in his treatise.  He gained a victory over Pheidias
nmetr. de Elocut. 14; Diolnys. Hal. de Isocrat. p. in the representation of an Amazon, which must
542.)  Pheidias was the Aeschylus of statuary, consequently have been a figure in the greatest
and it may be safely asserted that, although the art luxuriance of female beauty combined with a manly
subsequentlymade certain progress in the execution  character.  (Miiller,_Archiaol. ~ 121.)  Polvcleiof details, yet Pheidias and his school were never tus was also distinguished in portrait-statues, among
excelled by subsequent generations.                which that of Artelnon Periphoretus, a mechaniBesides the sculptures of the three temples men-  cian of the time of Pericles, is mentioned with estioned above, there are also similar ornaments of pecial praise.  (Comp. Diet. of Biog. s. v.)
other temples extant, which show the influence    Myron of Eleutherae, about O1. 87, was, like
which the school of Pheidas must have exercised  Polycleitus, a disciple of A geladas, but adhered to a
in various parts of Greece, though they were exe-  closer imitation of nature thll Polycleitus, and as
cuted in a different style.  Of these we need only  fir as the impression upon the senses was concerned,
mention two as the most important.                 his wvorks were most pleasing, but anii   sensues
1. The Phigaleian marbles, which belonged to  eeon exp?-essit, says Pliny (II. N. xxxiv. 8. s. 19. ~
the temple of Apollo Epicurius, built about 01. 86  3).  The cow of Myron in bronze was celebrated
by Ictinus.  They were discovered in 1812, and  inall antiquity. (Tzetzes. U/dil. viii. 194, &c.; Proconsist of twenty-three plates of marble belonging  pert. ii. 31. 7.)   Pliny mentions a considerable
to the inner frieze of the cella.  They are now in  number of his works, among which a dog, a discothe British Museum.  The subjects represented in  bolus, pentathli and pancratiasts were most celethem are fights with centaurs and amazons, and  brated; the last of them  were especially disone plate shows Apollo and Artemis drawvn in a  tinguished for their euztlthmiea and the animation
chariot by stags.  Many of the attitudes of the  displayed in their movements, as well as for the
figures appear to be repetitions of those seen on  most beautiful athletic attitudes.  Among his stathe Attic temples, but there are at the same time  tues of gods we find only mention of a colossal
great differences, for the Phigaleian marbles some-  group representing Heracles, Zeus, and Athena,
times shows a boldness of design which almost bor-  which he made for the Samians. (Plin. 1. c.  Cic.
ders on extravagance, while some figures are incor-  c. Terar. iv. 3; Strab. xiv. p. 637.)  In his execurectly drawn and in forced attitudes.  The best  tion of the hair he adhered, according to Pliny, to
descriptions of them are those in Bassi sellevi della  the ancient style.  (See Diet. of Bioq. a. s..)
Grccia, disegn. da G. M. Wagner (1814), and in    The deviation from the sublime ideality of the
Stackelberg's,4pollotesnpel au Bassae inZ Arcadies  Attic school of Pheidias was still more manifest in
st. die daselbst aus~/qegrab. Bildclerke, 1828.    the works of Callimachus and Demetrius.  The
2. Marbles of the temple of the Olympian Zeus, former executed his statues with the utmost possiwhich were made by Paeonius of Mende and Alca-  ble accuracy and attention to the minutest details,
inenes of Athens.  (Paous. v. 16.)  Several fiag-  but was careless in the conception as well as in the
Inents of these sculptures were discovered in 1 829, execations of the whole, which destroyed the value
and are now at Paris (ExLpedit. Scieatit. de cla  of his works, whence he was designated by the




1066          STATUARIA ARS.                                    STATUARIA ARS.;
nickname of caTaT77rTCeXvo09.  Quinctilian (xii. 10. of Pheidias, may yet be regarded as having only
~ 9) says of him nimins in veritate. (Comp. Lucian, continued and developed its principles of art in a
Philops. 18; Plin. Eipist. iii. 6.)  On the whole it certain direction; but towards the end of this peshould be observed, that near the end of the Pelo-  riod Euphranor and Lysippus of Sicyon carried out
ponnesian war and afterwards the greater part of the principles of the Argive school of Polycleitus.
the artists continued to work in the spirit and  (Cic. Brut. 86.)  Their principal object was to restyle of Polycleitus, and that the principal produc-  present the highest possible degree of physical
tions in Peloponnesus were bronze statues of ath- beauty and of athletic and heroic power.  (See
letes and statues erected in honour of other distin- their lives in the Diet. of Biog).  The chief characguished persons.  (Paus. x. 9. ~ 4, vi. 2. ~ 4; teristic of Lysippus, and his school is a close
Plut. Lysand. 1, 18, de Orac. Pyth. 2.)           imitation  of nature, which  even  contrived  to
The change which took place after the Pelopon-  represent bodily defects in some interesting mannesian war in the public mind at Athens could not ner, as in his portraits of Alexander; its tendency
fail to show its influence upon the arts also; and  is entirely realistic.  The ideal statues of former
the school of statuary, which had gradually become  times disappear more and more, and make way
developed, was as different from that of Pheidias as  for mere portraits.  Lysippus, it is true, made stathe then existing state of feeling at Athens was from  tues of gods; but they did not properly belong to
that which had grown out of the wars with Persia. his sphere; he merely executed them  because he
It was especially Scopas of Paros and Praxiteles  had received orders which he could not well refuse.
of Athens, about one generation after Myron and  Iis greatest care was bestowed upon the execution
Polycleitus, who gave the reflex of their time in  of the details (argutiae operum), upon the correct
their productions.  Their works expressed the  proportions of the parts of the human body, and
softer feelings and an excited state of mind, such  upon making his statues slender and tall above the
as would make a strong impression upon and cap- common standard.  In short, all the features which
tivate the senses of the beholders.  But the chief characterise the next period appear in the school of
masters of this new school still had the wisdom to  Lysippus.
combine these things, which were commanded by
the spirit of the age, with a noble and sublime con-. 111 3o3 1. B.c.
ception of the ideas which they embodied in their                  (336-146 n. c.)
works.  Scopas and Praxiteles were both distin-    Within a few generations Grecian art had passed
guished as sculptors in marble, and both worked in  through the various stages of developement, and
the same style  the legendary circles to which most each of them  had produced such an abundance of
of their ideal productions belong are those of Dio- masterpieces that it was difficult for a new generanysus and Aphrodite, a fact which also shows the  tion of artists to produce new and original works.
character of the age.  There was a time when this  Hence the artists of the periods which followed
school of statuary wvas considered superior even to  could not do much more than imitate, and their
that of Pheidias, and it is indeed true that its pro- productions are better or worse in proportion as
ductions are distinguished by exquisite beauty and  they were founded upon the study of earlier works
gracefulness, whence their female statues in parti-  or not.  But even this period of eclecticism has
cular are, in one sense, unrivalled; but the effect nevertheless produced statues and groups worthy
they produced upon the minds of the beholders  of the highest admiration, and which can be placed
was by no means of the same pure and elevating  by the side of the best works of antiquity.  The
nature as that of the works of their predecessors. very slow decay of the arts, in comparison with the
( For an account of their works, see the articles Prax- rapid decline of literature, is indeed a strange pheileles and Scopas in the Dictionary of Biography.)  nomenon.
Cephissodorus  and Timarchus were sons of    During the first fifty years of this period the
Praxiteles.  There were several works of the for- schools of Praxiteles and Lysippus continued to
nuer at Rome in tlie time of Pliny; he made his  flourish, especially in works of bronze; but after
art subservient to passions and sensual desires. this time bronze statues were seldom made, until
Pliny (LI. N. xxxvi. 5. s. 4. ~ 6) mentions among  the art was carried on with new vigour at Athens
his works a celebrated Symplegma at Pergamus, about the end of the period.  The school of Lywhich is the first instance of this kind that we hear sippus gave rise to that of Rhodes, where his disof in Grecian art.  A  similar spirit pervaded the  ciple Chares formed the most celebrated among the
works of Leochares (as his Ganymedes carried by  hundred colossal statues of the sun. It was seventy
an eagle up to Zeus), of Polycles, who was the first cubits high and partly of metal. It stood near the
that made the voluptuous statues of Hernaphro-  harbour, and was thrown down by an earthquake
dites, and of Silanion, who made a dying Jocaste. about 225 B. C. (Plin. IIN. xxxiv. 18; Meursits,
(Plin. H. N. xxxiv. 8. s. 19. ~ 17 and 20; Plut. Rhodus, i. 16; Diet. of Biog. s. v.)  Antiquarians
de And. Poet. 3, Syrnpos. v. 1; see Diet. of Biog. assign to this part of the fourth period several very
s. vv.) Leochares also made a number of portrait- beautifiul works still extant, as the magnificent
statues in ivory and gold of members of the royal group of Laocoon and his sons, which was disfamily of Macedonia, and of other persons. (Paus. covered in 1506 near the baths of Titus, and is at
v. 20.) Such portrait-statues about this time began  present at Rome.  This is, next to the Niobe, the
to give much occupation to the artists.  About the  most beautiful group among the extant works of
year 350 B. C. several of the greatest artists of the  ancient art; it was according to Pliny the work of
age, such as Scopas, Leochares, Timotheus, and  three Rhodian artists: Agesander, Polydorus, and
Bryaxis, were engaged in  Caria in making the  Athenodorus.  (Plin. I. NV. xxxvi. 5. s. 4. ~ 11,
magnificent mausoleum  of Mausolus, a  general Lessing's Laocoon.) The celebrated Farnesian bull
description of which is given under MAUSOLEUM.  is likewise the work of two Rhodian artists, ApolMost of the above-mentioned artists, however lonius and Tauriscus. (Plin. H. N. xxxvi. 5. s. 4.
widely their works differed from those of the school ~ 10.)




STATUARIA ARS                                    STATUARIA ARS.                 1067'
In the various kingdoms which arose out of the  a date. In Sicily the activity of the artists appears
conquests of Alexander the arts were more or less  to have ceased after the Roman conquest, for the:
cultivated, and not only were the great master-  numerous works with which Syracuse was adorned
works of former times copied to adorn the new ca-  and with which we are made acquainted by Cicero
pitals, but new schools of artists sprang up in several  (c. TIerr. iv.), mostly belong to an earlier period.
of them.  Alexandria, Pergamus, and Seleuceia    Shortly before the taking of Corinth by Mumrivalled each other ill art no less than in literature.  mius, statues in bronze and marble were revived
At Pergamus the celebrated groups were composed  at Athens; and although the artists were far inwhich represented the victories of Attalus and  ferior to those of former times, yet they still proEumenes over the Gauls.  (Plin. H. N. xxxiv. 8.  duced works of great excellence, as they showed
s. 19. ~ 24; Paus. i. 25. ~ 2; Plut. Aniton. 60.)  their good sense and taste by making the masterIt is believed by some (Miiller, Arc/h. ~ 158) that  works of their predecessors the subjects of study
the so-called dying gladiator at Rome is a statue of and imitation. (Plin. H. N. xxxiv. 8. s. 19.) Among
a Gaul, which originally belonged to one of these  those who contributed most to this revival of stagroups.  Ephesus also had a flourishing school of tuary were Cleomenes (who made the Medicean
art, which appears to have followed ill the main  Venus, an imitation of that of Cnidus, but inferior
the style of Lysippus, and excelled, like that of in point of taste and delicacy), his son Cleornenes
Pergamus, in the representation of battle scenes. (by whom there is a statue in the Lcuvre, which
The Borghese fighter in the Louvre is supposed to shows exquisite workmanship but little life), Gly.
be the work of an Ephesian Agaslas, and to have con, Apollonius, and others.  (See their lives in
originally filormed a parl of' such a battle-scene.  In  the.Didt. of Biog.)
Syria too, art flourished at Antioch until the time    About the close of this period, and for more than
ot' Antiochus IV., before whose reign a number of a century afterwards, the Romans, in the conquest
statues had already been carried away by Scipio.    of the countries where the arts had flourished,
In these new monarchies statues of the gods made it a regular practice to carry away the works
vwere seldom male, and when they were executed  of art; and, as they were unable to appreciate their
they were in Imost cases copies from  earlier works, value and merit, they acted in many cases no
as the character in which the gods were repre- better than rude barbarians, regarding the most
sented had gradually become fixed, and few artists precious relics of art in no other light than that of
ventured to alter the forms, which had become  chairs and tables, which might be made again at
typical.  Portrait-statues of kings increased, on pleasure and at any time. At first these robberies
the other hand, to a great extent.  The vanity of were carried on with some moderation, as by Marthe kings and the flattery of the artists created a  cellus at Syracuse and by Fabius Maximus at
new kind of statues: the princes were frequently  Tarentum, and only with a view to adorn their
identified with certain deities, and were conse-  triumphs and the public buildings of Rome.  The
quently represented as such with all the requisite  triumphs over Philip, Antiochus, the Aetolians,
attributes. In many cases the mere bust of a king  the  Gauls in Asia, Perseus, Pseudo-Philip, and
was put upon the body of a statue of a god. This  above all the taking of Corinth, and subsequently
was a most dangerous rock for artists; for the  the victories over Mithridates and Cleopatra, filled
simple representation of a king in the shape of a  the Roman temples and porticoes with the greatest
god, which commenced as early as the time of  variety of works of art.  After the taking of CoAlexander, was soon thought an insufficient mark  rinth, the Roman generals and governors of proof veneration, and art degenerated into a mere in-  vinces began to show  a kind of amateurship in
strunment of the most vulgar flattery: pomp and  works of art, which was probably more owing to
showv and tasteless ornaments were mistaken for art.  the fashion prevailing amongr the Roman grandees
Flattery towards the great was also shown in the  than to any real taste or love for the fine arts:
monstrous number of statues that were erected to  they now carried off whatever they could, to adorn
one and the same individual. Demetrius Phalereus  their owln residences. Sometimes either their avyehad 360, or according to others 1500 statues erected  rice or necessity induced them  to melt down the
to him.  (Athen. xii. p. 537; Paus. v. 24. ~ 3; most precious works without any regard to artistic
Clem. Alex. l'otlrept. iv. p. 16, ed. Sylb.; Dion  worth.  The sacrilegious plunder of temples and
Chrysost. Orat. 37. p. 122.)  When the honour of the carrying away of the sacred statues from the
a statue ceased to be considered as a high distinc- public sanctuaries,  which had at first been pretion, and when it became necessary to produce  vented to some extent by the pontiffs, became
such numbers of statues, tihe workmanship na-  afterwards a common practice.  The manner in
turally became worse in proportion as the lionour  which Verres acted in Sicily is but one of many
sank in public estimation.  During this time it instances of the extent to which these robberies
became customary to combine with the statues of were carried on.  The emperors, especially Aukings and generals symbolical representations of gustus, Caligula, and Nero, followed these examtowns, which are called TruXal 7rohAec. In Magna  ples, and the immense number of statues which
Graecia art gradually fell into decay after the wars  notwithstanding all this remained at Rhodes, Delwith the Romans; and the example of Capua,  phi, Athens, and Olympia, is truly astonishing.
from which all the statues were carried to Rome,  (See VIlkel, Ueber die  Wieyfiihlteng der alien
affords us an instance of the robberies and plunder  Kuinstwerke a-   s  den esroberten Linzders e ach R1omc;
which were committed by the Romans in other  MViller, AArchiiol. ~ 164, &c.)
towns of Italy.  But even after the Roman  con-    Before we proceed to describe the state of staquests the cultivation of the phlstic arts cannot have  tuary during the last stage, in which Rome was the
ceased altogether, as we must infer fronm the nu-  centre of the ancient world, it will be necessary to
merous works found at Pompeii, some of which  give aan outline of the history of statuary among
possess a higher degree of perfection and beauty  the Etruscans and Romans down to the year 14i
thaei might have been expected in works of so late  t. c.




1068          STATIJARIA ARS.                                   STATUARIA ARS.
The Etruscans were on the whole an industrious  tatorship of Sulla. (Plin. AI. N. xxxiv. 12.)  The
and enterprising people. Different hypotheses have  last two statues were undoubtedly of Greek workbeen proposed to account for the cultivation of the  manship.  The earliest metal statue of a deity
arts, in which this nation excelled all others in  was, according to Pliny, a Ceres which was made
central and northern Italy, as well as for the peculiar  of the confiscated property of Spurius Cassius, about
style of some of their productions.  Some writers  485 B. c. (Plin. If. N. xxxiv. 9.) Two other metal
think that it was owing to colonies from  Lydia,  statues of gods were the Capitoline Hercules, 306
which were established at Caere and Tarquinii,  B. c. (Liv. ix. 44), and the colossal statue of the
others that the Etruscans themselves were a Pe-  Capitoline Jupiter, which, according to Livy, was
lasgian tribe. With the works of Grecian art they  made about 490 B. c. (Liv. ix. 40, x. 38; Plin.
must have become acquainted at an early time   I. N. xxxiv. 18.)  The number of statues of men
through  their intercourse with  the  Greeks of in the Forum  appears soon to have become very
southern Italy, whose influence upon the art of the  great, and many persons seem to have had them
Etruscans is evident in numerous cases.  The East erected there without any right: hence in 161
also appears to have exercised some influence upon  B. C. the censors P. Cornelius Scipio and M. Pothe Etruscans, as many works of art found in  pilius removed from the Forum all the statues of
Etruria contain precisely the same representations  magistrates which had not been erected with the
as those which we find in Asia, especially among  sanction of the senate or the people. (Plin. H. IV.
the Babylonians.  However this may have been  xxxiv. 14.)  A  statue of Cornelia, the mother of
effected, we know for certain that the whole range  the Gracchi, stood in the porticus of Metellus.
of the fine arts was cultivated by the Etruscans at The artists by whom these and other statues were
an early period.  Statuary in clay (which here  executed were undoubtedly Greeks and Etruscans.
supplied the place of wood, SOava, used in Greece)
and in bronze appears to have acquired a high. FX /  Period, frons 01. 15  (B. c. 146) to the
degree of perfection.  In 267 B. c. no less than             fdll of the Ilesteru Eompise.
2000 bronze statues are said to have existed at    During this period Rome was the capital of
Volsinii (Plin. I<. N. xxxiv. 16, 18; compare  nearly the whole of the ancient world, not through
Vitruv. iii. 2), and numerous works of Etruscan  its intellectual superiority, but by its military and
art are still extant, which show great yigour and  political power.  But it nevertheless became the
life, though they do not possess a very high degree  centre of art and literature, as the artists resorted
of beauty.  Among them  we may mention the  thither from all parts of the empire for the purpose
Chimaera of Arretium (at Florence); the Capitoline  of seeking employment in the houses of the great.
She.wolf (Dionys. i. 79; Liv. x. 23), which was  The mass of the people, however, had as little taste
dedicated in a. c. 296; the Minerva of Arezzo  for and were as little concerned about the arts as
(now at Florence); and others.  Some of their  ever.  (Hornat. Art. Pou't. 323; Petron. 88.)  In
statues are worked in a Greekl style; others are of addition to this there was still a strong party of
a character peculiar to themselves, and entirely  the Romans, who, either from  an affected or an
different from works of Grecian art, being stiff and  honest contempt for the Greeks, entertained the
ugly; others again are exaggerated and forced in  vain hope of being able to restore the olden times.
their movements and attitudes, and resemble the  These circumstances account for the fact that a manl
figures which we meet with in the representations  like Cicero thought it necessary to conceal and disof Asiatic nations.  Etruscan utensils of bronze, guise his love and knowledge of the fine arts.  It
such as candelabra, paterae, cups, thrones, &c.,  was, therefore, only the most distinguished and inembellished with various ornaments and figures, tellectual Romans that really loved and cherished
were very highly valued in antiquity, and even at the arts. This was both a fortunate and an unforAthens at a time when the arts were still flourish-  tunate circumstance: had it not been so, art would
ing there.  (Atlh. i. p. 28, xv. p. 700.)  Their have perished at once; now it continued in some
works in stone, especially the alto anid basso-  degree to be cultivated, but it experienced the same
relieveos, which are found in considerable numbers  fate which it has met with at all times, when it
on chests containing the ashes of the dead, are  has continued its existence without the sympathies
with few exceptions, of very inferior merit.       of the people, and merely under the patronage of
The Romans previously to the time of the first the great.  Notwithstanding these unfavourable
Tarquin are said to have had no images of the  circumstances, there were a number of distinguished
gods; and for a long time afterwards their statues  artists at Rome during the latter period of the reof gods in clay or -wood were made by Etruscan  public, who had really imbibed the spirit of the anartists. (Plin. HI. N. xxxv. 45, xxxiv. 16.) During  cient Greeks and who produced works of great beauty
the early part of the republic the works executed  and merit.  We need only mention such names
at Rome were altogether of a useful and practical as Pasiteles of southern Italy,: who was a Roman
and not of an ornamental character; and statuary  citizen, and who made an ivory statue of Jupiter for
was in consequence little cultivated.  But in the  the temple of Metellus (PIin. H. N. xxxvi. 5. s. 4.
course of time the senate and the people, as well as  ~ 12); Arcesilaus, of whom Pliny mentions several
foreign states which desired to show their gratitude  highly valued works, and whose models were prized
to some Roman, began to erect bronze statues to  more than the statues of others; Decius, who even
distinguished persons in the Forum  and other  ventured to rival Chares in the art of founding
places. (Plin.  I. Ar. xxxiv. 14.)  The earliest metal statues; Diogenes, and others.  During the
works of this kind, which we can consider as really  empire the arts declined, and, with some noble exhistorical, are the statues of Attus Navius (Plin. ceptions, merely administered to the vanity, luxuII. N. xxxiv. 11; Cic. de Divin. i. 1l), of AMinucius  ries, and caprices of the emperors.  (Senec. Epist.
outside the Porta Trigemina, and of Pythaagoras  88.) The inertness of the times, says Pliny (H. N.)
and Alcibiades, which stood in the corners of the  xxxv. 2), has destroyed the arts; and as there
comitium from the year B. c. 314 down to the dic-  were no more minds to be represented, the reproe




STATUARIA ARS.                                   STATUARIA ARS.                 1069:sentations of the bodies were likewise neglected. tiful statua thoracata of Trajan, and several fine
C)ccasionally, however, excellent and gifted sculp- busts of the same emperor.
tors still arose, and adorned the palaces of the em-    Down to the reign of Hadrian statuary had beperors with beautiful groups. Pliny (H. N. xxxvi. come more and more confined to the representation
4. ~ 11) mentions as such Craterus, Pythodorus, of subjects of a common nature, so that at length
Polydectes, Hermolaus, a second Pythodorus, Ar-  we scarcely find anything else but the records of
temon, and Aphrodisius of Tralles.  (See the arti- victories in the reliefs on the public monuments,
cles in the 1Dict. of Biog.)  In the time of Nero, and the various kinds of statues of the emperors
who did much for the arts, we meet with Zeno-  and the members of their families.  But in the
dorus, a founder of metal statues, who was conm- reign of Hadrian the arts seemed to begin a new
missioned by the emperor to execute a colossal aera.  He himself was undoubtedly a real lover
statue of 110 feet high, representing Nero as the  and connoisseur of art, and he encouraged it not
Sun.  The work was not completely executed, as  only at Rome, but in Greece and Asia AMinor.
the art of using the metal had fallen into oblivion. The great Villa of Hadrian below Tivoli, the ruins
In A. D. 75 the statue was consecrated as a Sol, of which cover an extent of tell Roman miles in
and was afterwards changed into a statue of Corn- circumference, was richer in works of art than any
modus by altering the head.  (Plin..Ih Ar. xxxiv. other place in Italy. Here more works of art have
18; Herodian, i. 15.)  The principal sculptured  been dug out of the ground than anywhere else
works that were produced during the empire, were, within the same compass., Hadrian was fond of
1. Reliefs on public monuments, such as those  the ancient forms in art as well as in language, and
adorning the triumphal arch of Titus, which repre- many works in the archaic style still extant may
seated the apotheosis of the emperor, and his tri- have been executed at this time.  Some statues
umph over Judaea.  The invention and grouping  made at this time combine Egyptian stiffness with
of the figures are good and tasteful, but the exe- Grecian elegance; and, especially, the representacution is careless.  The same may be said of the  tions of Egyptian deities, such as that of Isis, are
reliefs of the temple of Minerva in the Forum  of half Greek and half Egyptian. But, by the side of
Domitian, in which the drapery in particular is  this strange school, there existed another, in which
very bad.  2. Statues and busts of the emperors. the pure Greek style was cultivated, and which has
These may again be divided into classes, and are  produced works worthy of the highest admiration.
easiest distinguished by the costumes in which they  Foremost among these stand the statues and busts
are represented. Theyr e e (a) faithful portraits in  of Antinous, for whom  the emperor entertained a
the costume of ordinary life (toga), or in the attire  passionate partiality, and who was represented in
of warriors (statzae thowsacatae) generally in an at-  innumerable works of art.  Tile colossal bust of
titude as if they were addressing a body of men, as, Antinous inll the Louvre is reckoned one of the
e. g. the colossal statue of Augustus in the palace  finest works of ancient art, and is placed by some
Grimani.  To this class also belong the equestrian  critics on an equality with the best works that
statues, and the statues upon triumphal cars with  Greece has produced.  The two centaurs of black
from two to six horses, and sometimes even with  marble on the Capitol probably belong to the reignl
elephants, which were frequently made for emperors  of Hadrian: one of them is executed in an old
outt of mere vanity, and without there having been  and noble style, and is managed by a little Eros
ally real triumph to occasion such a work.  (Dion  riding on his back; the other looks more like an
Cass. liii. 22; Stat. Silv. i. 1; Mart. ix. 69;   Tacit.   intoxicated  Satyr.  There are  also  some very
de Osat. 8. 11; Juv. vii. 126; Plin. H. N. xxxiv. good works il red marble which are referred to
10.)  b. Such statues as were intended to show  this period, as that material is not knowni to have
tile individual in an exalted, heroic or deified  been used before the age of Hadrian.
character.  Among those were reckoned the so-    As the arts had received such encouragement
called Achillean statues, which were first made in  and brought forth such fruits in the reign of Hathe time of Augustus; they were niaked, and bore  drian, the effects remained visible for some time
a hasta in one hand (Plin. H. AV. xxxiv. 10): and  during the reigns of the Antonines.  Antoninus
secondly, statues in a sitting position, with the  Pius built the great villa at Lanuvium, of which
upper part of the body naked, and a palliumn co- ruins are still extant, and where many excellent
vering the loins.  These statues were intended to  works of art have been discovered.  But sophistry
represent an emperor as Jupiter, but sometimes and pedantic learning now began to regard the arts
also as an Apollo.  (Muller, As-clh. ~ 199.)  This  with the same contempt as the ignorance of the
method of representing an emperor as a god was  Romans had formerly done.  Tile frieze of a temnat first practised with much good taste.  The  pie, which the senate caused to be erected to
statues of the ladies of the imperial families are  Antoninus Pius and Faustina, is adorned with
likewise either simple and faithful portraits, or they  griffins and vessels of very exquisite workmanship;
are idealized as goddesses: specimens of each kind  but the busts and statues of the emperors show in
are still extant. The custom adopted in the Mace- many parts an affected elegance, while the features
donian time, of conlbining allegorical representa- of the countenance are tasteless and trivial copies
tions of towns and provinces with the monuments  of nature.  The best among the extant works of
erected in honour of the sovereigns, was sometimes  this time are the equestrian statue of M. Aurelius
followed by the Romans also, and some of them   of gilt bronze, which stands onI the Capitol, and
were made by very distinguished artists.  (Strab.  the column of M. Aurelius with reliefs representiv. p. 192; Muller, 1. c.)  In the reign of Trajan  ing scenes of his war against the Marcomanni.
were executed the column of Trajan, with sculp-  The busts which we possess of Ml. Aurelius, Faustures representing the victories of this emperor  tina, and Lucius Verus, are executed with very
over the Dacians, and other similar works.  We  great care, especially as regards the hair.  The
also possess a beautiful colossal statue of Nerva  number of extant busts of the Antonines amounts
in the Vatican, and in the Louvre there is a beau-  to above one hundred; and the rate at which busts




1070          STATUARIA ARS.                                   STATUARIA ARS.
of emperors were sometimes multiplied may be  introduction of Christianity with the decay of the
inferred from the fact, that the senate sometimes  arts is merely accidental. That the early Christians
ordained that the bust of an emperor should be in  did not despise the arts as such, is clear from  sethe house of every citizen.                        veral facts. We know that they erected statues to
After the time of the Antonines the symptoms  their martyrs, of which we have a specimen in that
of decline in the arts becamre more and more visible.  of St. Hippolitus in the Vatican library; and it is
The most numerous works continued to be busts  expressly stated that Christians devoted themselves
and statues of the emperors, but the best among  to the exercise of the arts. (Baronius, Anczal. ad A.
them are not free from affectation and mannerism.  303.)  The numerous works, lastly, which have
The hair, especially in the representations of female  been found in the Christian catacombs at Rome,
figures, becomes gradually utterly tasteless, and  might alone be a sufficient proof that the early
instead of the natural hair the artists made it a  Christians were not hostile towards the representapoint to show that it was a large peruque, which  tion of the heroes of their religion in works of art.
in some cases might be put on and taken off at  The hostility, such as it appears in the writings of
pleasure.  [GALERaUS.]  In the time of Caracalla  Tatian and Augustine, cannot therefore have been
many statues were made, especially of Alexander  general; and, in fact, Christianity during the midthe Great.  Alexander Severus was a great ad-  dle ages became as much the mother of the arts of
inirer of statues, not from  a genuine love of art,  modern times, as the religion of Greece was the
but because he delighted in the representations of mother of ancient art.  Another very general and
great and good men. (Lamprid. Al. Sev. 25.)  The  yet incorrect notion is, that the northern barbarians
reliefs on the triumphal arch of Septimius Seve-  after the conquest of Rome intentionally destroyed
rus, representing his victories over the Parthians,  works of art.  This opinion is not supported by
Arabs, and Adiabenians, have scarcely any artistic  any of the contemporary historians, nor is it at all
merits.  During this time of decay the custom   probable.  The barbarians were only anxious to
arose of adorning sarcophagi with figures in high  carry with them  the most precious treasures in
relief, representing scenes from the legends of De-  order to enrich themselves; a statue must have
meter and Dionysus, and from the heroic ages of been an object of indifference to *them.  W~hat
Greece, sometimes also the fable of Eros and  perished, perished naturally by the circumstances
Psyche: all these contained allusions to the im-  and calamities of the timles: in times of need
mortality of the soul. Art, however, now declined  bronze statues were imelted down and the material
with great rapidity: busts and statues were more  used for other purposes; marble statues were freseldom  made than before, and are awkward and  quently broken to pieces and used for building
poor; the hair is frequently indicated by nothing  materials.  If we consider the history of Rome
else but holes bored in the stone.  The reliefs on  during the first centuries after the conquest of Italy
the sarcophagi gradually become monotonous, life-  by the Germans, we have every reason to wonder
less, and evidently executed without spirit.  The  that so many specimens of ancient art have conle
reliefs on the arch of Constantine, which are not  down to our times.
taken from  that of Trajan, are perfectly rude and   The greatest destruction, at one time, of ancient
worthless, and those on the column of Theodosius  works of art is supposed to have occurred at the
were not better.  Art in the proper sense of the  taking of Constantinople, in the beginning of the
word ceased to exist; statues of victors in the  thirteenth century.  The collection of statues had
public games continued to be erected down to the  been made with great care, and their number had
fourth, and statues of the emperors (at Constanti-  accumulated to an amount which seems quite surnople) down to the eighth century; but at Rome,  prising when it is considered how long a time had
as at Constantinople, those who were honoured in  elapsed since art had been encouraged or protected.
this way were more concerned about their rank  At the period alluded to we are told that some of
and dress being properly represented in their sta-  the finest works of the ancient masters were purtues, than about the real artistic merit of the work.  posely destroyed; either in mere. wantonness, or
Statuary became mere manual labour, and required  with the view of turning the material into money,
nothing but mechanical skill.  At Constantinople,  or for sale to the metal founders for the value
however, where statues had been collected from   of the bronze.  Among the few works saved from
Rome, Greece, and Asia Minor, the events of this devastation are the celebrated bronze horses
history allowed the plastic arts to die away more  which now  decorate the exterior of St. Mark's
gradually than in Italy.                           church at Venice.  They have been ascribed, but
Before concluding, it remains to say a few words  without sufficient authority, to Lysippus.
on the destruction of ancient works of art. During   The finest collection of ancient bronzes is in the
the latter part of the reign of Constantine many  Museo  Borbonico at Naples.  They have been
statues of the gods were destroyed and melted  found chiefly in the ruins of Hlerculaneum  and
down, and not long after his time a systematic de-  Pompeii, and among them  are some examples of
struction began, which under Theodosius spread  great skill and beauty.  A few of the heads offer
to all parts of the empire.  The spirit of destruc-  peculiarities in the treatment of the hair, the slnall
tion, however, was not directed against works of corkscrew curls, and the ends of the beards being
art in general and as such, but only against the  formed of separate pieces of metal fastened on.
pagan idols.  The opinion, therefore, which is en-  Several of the statues have the eyes of paste, and
tertained by some, that the losses we have sustain-  of stones, or sometimes of a different metal from
ed in works'of ancient art, are mainly attributable  the material of the rest of the work.  Silver was
to the introduction of Christianity, is too sweeping  often united with bronze.  Cicero ( Trerr. iv. 43)
and general.  Of the same character is another  mentions a statue of Apollo aeaeeus, ctjtss in femore
opinion, according to which the final decay of an-  litterulis  minutis aryenteis noazen il'fyronis eral inscient art was a consequence of the spiritual nature  scripturs.  In a bronze statue, of a youth, in the
of the new religion. The coincidence of the general  collection at Paris, are the remains of a Creek




STILUS.                                     STIPENDIUM.                 1071
inscription, in silver letters.  They are inserted  from  a picture found in Herculaneum.  (Mus.
into the left foot. The Museo Borbonico possesses Borbon. vol. vi. tav. 35.)
some examples of inlaid silver work.  There are    2. A sharp stake or spike placed in pitfalls be-.also instances of it in the collection of bronzes in  fore an entrenchment to embarrass the progress of
the British Museum.  Many of the examples of an attacking enemy. (Bell. African. 31; Sil. Ital.
bronze works that have reached us exhibit signs x. 415.)  It was intended to answer the same
of having been gilt, and the writers of antiquity  purpose as the contrivances called cippi, lilia, and
refer'occasionally to the practice.  It does not stimzli by Caesar (B. G. vii. 73).
seem to have been employed till taste had much    3. A bronze needle or rod for picking worms off
deteriorated; probably when the value and rich- fruit-trees (Pallad. iv. 10. ~ 20), also a wooden
ness of the material were more highly estimated  probe employed in gardening operations. (Coluthan the excellence of the workmanship.  Nero  mell. xi. 3. ~ 53.)
commanded a statue of Alexander, the work of   It bears also the meaning of the stem of a tree
Lysippus, to be gilt; but Pliny (H. N. xxxiv. 19. or vegetable (Colunell. v. 10. ~ 21, xi. 3. ~ 46),
~ 6) tells us it was found to injure' the beauty  which  is perhaps the primary signification of
and effect of the work, and the gold was removed. o'-ruAos.                           [W. R.]
(Winckelmann, Geseh. der Kunst; Meyer, Gesch.    STIPEND IA'RII. The Stipendiariae urbes of
der bildenden Kiibste bei den Grieeein; F. Thiersch, the Roman provinces were so denominated, as being
LVeber. die Epochen der bildenden IKuRst unter den  subject to the payment of a fixed money tribute,
Griechen; K. O. Miller, tlandbuch desr Archaeo- " stipendium," in contradistinction to the vectilogie der Kunst, 2nd ed. 1835, 3d ed. with notes gales, who paid a certain portion, as a tenth or
by Welcker, 1848.)                    [L. S.]   twentieth of the produce of their lands, their
STELAE (o-aTrAat).  [FUNUS, p. 556, b.]       cattle, or customs.  The word " stipendinum" was
STELLATU'RAE.  [ExERCITUS, p. 505, a.]  used to signify the tribute paid, as it was originSTHE'NIA (e'inaa), a festival with contests  ally imposed for and afterwards appropriated to the
celebrated by the Argives in honour of Zeus sur- purpose of furnishing the Roman soldiers with pay
named Sthenius, who had an altar consisting of a  (stipendiumz, Liv. iv. 60; Tacit. Hlist. iv. 74).  The
large rock in the neighbourhood of Hermione. condition of the urbes stipendiariae is generally
(Hesych. s. v. 40eva: compare Pans. ii. 32. ~ 7, thought to have been more honourable than that of
34. ~ 6.)  Plutarch (de Mies. p. 1140, c.) states the vectigales, but the distinction between the two
that the 7rdxi. or wrestling, which formed a part of terms was not always observed. (Liv. xxxvii. 35.)
the contests at this festival, was accompanied by  The word stipendiarins is also applied to a person
the flute; and he also mentions a tradition ac- who receives a fixed salary or pay, as a "stipencording to which the festival had originally been  diarius miles" (Hirtius, de Bell. Afr'ic. 43), a phrase
held in honour of Danaus, and that it was after- which is sometimes used to denote a veteran who
wards consecrated to Zeus Sthenius.    [L. S.]    has received pay for many years, or served in many
STIBA'DIUM.  [MENSA.]                         campaigns. (Veget. de Re M1ilit. i. 18.)  Some
STILLICI'DIUM. [SERVITUTES, p. 1031, b.]  MSS. have stipendiosus in the passage last quoted,
STILUS or STYLUS is in all probability the  which is perhaps a better reading. (Ghttling, GescA.
same word with the Greek O'rVhAos, and conveys der Roma. Staatsvesf p. 418.)         [R. W.]
the general idea of an object tapering like an    STI'PEINDIUM, a pension or pay, from stipent
architectural column.  It signifies,             and pendo, because before silver was coined at
1. An iron instrument (Ovid. Alet. ix. 521; Rome the copper money in use was paid by weight
Mlartial, xiv. 21), resembling a pencil in size and  and not by tale. (Varro, L. L. v. 182, ed. Miller;
shape, used for writinlg upon waxed tablets. (Plant.  Plin. H. N. xxx. 3.)  According to Livy the pracBecch. iv. 4. 63; Plin. HI. N. xxxiv. 14.)  At one  tice of giving pay to the Roman soldiers (ut sti1pezend it was sharpened to a point for scratching the  diumu miles de piullico acciperet) was not introduced
characters upon the wax (Quintil. i. 1. ~ 27), while  till a. c. 405, on the occasion of the taking of
the other end being flat and circular served to  Tarracina or Anxur. He represents the change as
render the surface of the tablets smooth again, and  the spontaneous and unsolicited act of the senate,
so to obliterate what had been written.  Thus, but from another passage (iv. 36) we learn that in
vetfere stilumn means to erase, and hence to correct, the year 421 B. c. the tribunes had proposed that
as in the well-known precept saepe stilzu  vertas. the occupiers of the public land should pay their
(Hor. Sat. i. 10. 72; Cic. VTer'. ii. 41.)  The  vectigal regularly, and that it should be devoted to
stylus was also termed greaphiuz,   (Ovid. Asmors'. i. the payment of the troops.  The concession was
11. 23; Suet. Jul. 82), and the case in which it probably accelerated by the prospect of the last
was kept gracphiariume (Martial. xiv. 21) or graphi- war with Veii, and made with a view of conciliating
aria theca. (Suet. Claud. 35.) The annexed cut is the plebs, who without scme such favour would in
their then humour have refused to vote for the war.
Livy also represents the funds for the payment to
-  have been raised by a tributum or general tax, but
as Arnold observes (Hist. of Rome, vol. i. p. 369;
compare Niebuhr, vol. ii. p. 440), "The vectigal, or
tithe, due from the occupiers of the public land,
Ire                   x was to provide pay for the soldiers; and if this
were not sufficient, it was to be made good by a
tax or tribute levied upon the whole people. This
tithe, however, was probably paid very irregularly,
and hence the pay of the soldiers would in point
of fact be provided chiefly out of the tributum.'
Z   LA _ Lo g i       Mad/ 2i    ( ZA few years after this concession (B. c. 403), and




1072           STIPENDIUM.                                         STIPENDI UM.
during the hostilities against Veii, a certain amount allowances as a gratuity; the Roman soldiers, on
of pay was assigned (certzus zumerus aeris est as- the contrary, have deducted from  their pay the
signatus, Liv. v. 7) to the knight also. [EquITEsS, money value of whatever they receive, in corn,
p. 472, a.]  Livy, however, seems to be here speak- armour or clothes." There was indeed a law passed
ing of the citizens who possessed an equestrian for- by C. Gracchus (Plut. C. Graceds. 5) which provided
tune, but had no horse (eqptus publicus) assigned to  that besides their pay the soldiers should receive
them by the state.  For it had always been cus- from  the treasury an allowance for clothes; but
tomary for the knights of the 18 centuries to re- from Tacitus (Acln. i. 17) this law seems either to
ceive pay out of the common treasury, in the shape  have been repealed or to have fallen into disuse.
of an allowance for the purchase of a horse, and a  The two oboli of Polybius, which we make equal
yearly pension of 2000 asses for its keep.  [AEs  to 3l- asses, are reckoned by Plautus in round numEQUESTRE; AEsHORu)EARIUsM'.] HenceNiebuhr bers at 3 asses.  Thus he says (Most. ii. I. 10),
(vol. i. p. 474, and vol. ii. p. 441) doubts the accu- " Isti qui trium  nummorum  causa subeunt sub
racy of the account which is given by Livy (iv. falas."  This amount was doubled for the legion59), and observes that "the Veientine war cannot aries by Julius Caesar (Sueton. Jul. Caes. 26) behave been the occasion on which the practice of fore the civil war.  He also gave them corn whengiving pay to the troops was first established: the  ever he had the means, without any restrictions
aerarii must undoubtedly have always continued  (sine modo nensze aqure).  Under Augustus (Suet.
to pay pensions (ccapita) to the infantry, in the  Aezg. 49; Tacit. 1. c.) it appears to have been
same way as single women and minors did to the  raised to 10 asses a day (three times the original
knights: and the change consisted in this, that suem), or 300 a month, or 1200 in four months.
every legionary now  became  entitled  to pay, Now as the original amount of their pay had been'whereas the number of pensioners had previously  tripled, the-soldiers could not complain if the debeen limited by that of the persons liable to be narius were reckoned at 16 asses in payments
charged with them; and hence the deficiency was made to themselves, as well as other persons; and
supplied out of the aerarium, from the produce of taking this value, the 1200 asses amount to exthe vectigal, and when this failed, by a tribute  actly 3 aurei, or 3 x 400 asses.  This sum  then
levied even from those plebeians who were them- was considered as an unit, and called stipendisuem,
selves bound to serve."  Consequently the tribunes  being paid three times a year.  Hence Suetonius
murmured that the tribute was only imposed for says of Domitian (Dom. 7): "Addidit et quartun
the sake of ruining the plebs.  (Liv. iv. 60.) stipendium, ternos aureos:" a fact which Zonaras
In support of his opinion Niebuhr (l. c.) advances  (Acn. ii. p. 196) otherwise expresses by stating,
arguemnents which at least make it very probable  that instead of 75 drachmae (i. e. denarii) Domithat the " paternal legislation " of Servius Tullius  tian gave the soldiers 100, i. e. he made an addiprovided for the pay of the infantry in the mannIer tion of 25 denarii or 1 aureus to their pay.  The
mentioned; but even admitting this, the practice  expression of Suetonius supposes that 3 aurei were
might have been discontinued so as to justify the  paid every quarter instead of every four months,
statement made on this subject by Livy.  We  after the addition made by Domitian; that of
have not space to repeat or discuss those argu- Zonaras implies, that 4 aurei instead of 3 were
ments here, and therefore simply refer to vol. i. paid, as before, every three months, the annual
p. 374, and vol. ii. p. 441, of his History. Accord- amount being the same either way, and the quaring to Polybius (vi. 37) the daily pay of a legionary  terly or four months' instalment of 3 or 4 aurei
amounted, in his time, to two oboli, which, as lie being called a stipendium.  Niebuhr's (vol. ii. p.
makes a drachma equivalent to a denarius, and a 443) statement on this subject is only partially
denarius in paying the soldiers was then estimated  correct or else obscure: at any rate, if the soldiers
at ten asses (Plin. I. c.), and not at sixteen, as was received 10 asses a day they must have received
usual in other money transactions, gives 3~ asses a more than 1200 a year.
day, or 100 a month.  Now the yearly pension of    The Praetorian cohorts received twice as much
the knights (1000 asses), observes Niebuhr, gives, as the legionaries.  (Tacit. 1. c.)  The pay of the
if we take the old year of 10 months, 200 asses a  tribunes is not known; but it was considered very
month: just double the pay of the foot soldiers. great (Juven. iii. 132), and probably was not less
In later times the knights received triple pay (htri- than 48 aurei per annum, after the time of Domliplex stipenzdizsm e  ereban2t).  This allowance was tian.  We must not omit to mention that if his
first established by the military tribune Cn. Corne- pay were withheld the Roman soldier was allowed
lius Cossus (400 B. c.), and according to Niebuhr by an old unwritten custom to distrain the goods
ewas then designed as a compensation to those  (per pignoois capionenm.) of the officer whose duty
who served with their own horses; it did not it was to supply it.  The eques was allowed the
become the general custom  till some time after-  same privilege against the persons who were bound
wards.  Polybius (vi. 37) thus speaks of the sti- to furnish him with the aes equestre, for the purpendium  of his day, which he calls 0de*vov, as chase of his horse, and the aes hordearium  for its
St. Luke (iii. 14) also does.  "' The foot soldier keep.  (Gaius, lib. iv. ~ 26-28.)
receives as pay two oboli a day: the centurion    From  an expression which Livy (v. 4) puts
twice as much: the horseman a drachma or dena- into the mouth of a patrician orator, it might be
rius.  The foot soldiers also receive in corn every  supposed that the soldiers always received a full
month an allowance (demensssm) of 3 of an Attic  year's pay, independent of the length of their sermedimnus or about 2 bushels of wheat: the horse- vice.  This, however, seems so unreasonable, that
men 7 medimni of barley and 2 of wheat.  The  we cannot but agree with Niebuhr in supposing
infantry of the allies receive the same allowance  that the historian was misled by the custom of his
('ovf c-ErpoYTrai) as the Roman: the horsemen 11   own time, when a full year had long been the stirnedimni of wheat and 5 of barley.  But there is pulated term of a soldier's pay as well as of his
this difference, that the allied forces receive their service.                           [R. W.]




STIIATEGUS.                                      STRATEGUS.                 1073
STIPULA'TIO, STIPULA'TOR. [OBLIGA- to submit to a aowcuaarila, or examination of their
TIONES, pp. 817, b, 818, a.]                     character (Lysias, c. Alcib. 144); and no one was
STIVA.  [ARATRUM.]                            eligible to the office unless he had legitimate cllilSTOA.  [PORTICUS.]                            dren, and was possessed of landed property in AtSTOICHEION.  [HOROLOGIUM.]                    tica. (Dinarch. c. Deimosth. 99.)  They were, as
STOLA, was a female dress worn over the  their name denotes, entrusted with the command
tunic; it came as low as the ankles or feet (ad talos on military expeditions, with the superintendence
stole demlissa, Hoer. Sat. i. 2. 99), and was fastened  of all warlike preparations, and with the regulation
round the body by a girdle, leaving above the  of all matters in any way connected with the war
breast broad folds (rugosiorem stolafriontemz, Mart. department of the state.  They levied and enlisted
iii. 93. 4).  The tunic did not reach much below  the soldiers (Kcae'Acsav), either personally or with
the knee, but the essential distinction between the  the assistance of the Taxiarchs. (Lysias, c. Alcib.
tunic and stola seems to have been, that the latter 140, pro Milit. 114.)  They were entrusted with
always had an INSTITA or flounce sewed to the the collection and management of the Esoecopao, or
bottom and reaching to the instep. (Hor. Sat. i. 2. property taxes raised for the purposes of war; aund
29; Ovid. Ar. Amat. i. 32.)  Over the Stola the  also presided over, or officiated as Ecoa-yweoye1s in
Palla or Pallium was worn [PALLIUM], as we see the courts of justice in which any disputes conin the cut annexed.  (21lus. Borbon. iii. tav. 37.)  rected with this subject or the trierarchy were decided. (Wolf, ad Lept. p. 94; Dem. c. Lacr. 940.
16.)  They also nominated from year to year persons to serve as trierarchs (Dem. c. Boeot. i. 997;
Xenoph. de Rep. Atlhen. 3), and took cognizance
of the cases of ANTIDOSIS arising out of the trierarchy and property taxes ('roolovv Tras &,l-3o'els,
c. Phaenip. 1040.)  They also presided at courtsmartial and at the trials in cases of accusation for
non-performance  of military and naval duties.
[ASTRATEIAS   and ANAUMACHIOU   GRAPHAE.]
They likewise had the power of convening extraordinary assemblies of the people in cases of emergency [ECCLESIA, pp. 440, b, 441,a], and from,  the instance of Pericles it would always seem that
in critical times they had the power of preventing
an assembly being holden. (Thucyd. ii. 22.) But
their most important trust was the command in
war, and it depended upon circumstances to how
many of the number it was given.  At Marathon
The stola seems to have been usually fastened  all the ten were present, and the chief command
over the shoulder by a FIBULA or clasp, and gene- came to each of them in turn.  The Archon Polerally had sleeves, but not always.               marchus also was there associated with them, and
The Stola was the characteristic dress of the according to the ancient custom, his vote in a
Roman matrons as the toga was of the Roman  council of war was equal to that of any of the
men. (Cic. Phlil. ii. 18.)  Hence the meretrices generals.  (Herod. vi. 109.)  In the expedition
were not allowed to wear it, but only a dark- against Samos, also, all the ten generals were encoloured toga (Tibull. iv. 10. 3; Mart. i. 36. 8); gaged (Thucyd. i. 116), the poet Sophocles being
and accordingly Horace (Sat. i. 2. 63) speaks of one of the number (MUller, Literature of Ancient
the matrona in contradistinction to the togata.. For Greece, p. 338); but it was obvious that in most
the same reason women, who had been divorced  cases it would be neither convenient nor useful to
from their husbands on account of adultery, were  send'out the whole number on the same undernot allowed to wear the Stole, but only the toga taking, and during the cotrse of a protracted war
(Schol. ad Ilor. 1. c.): to which Martial alludes. it would be necessary for some of them to be left
(ii. 39, vi. 64. 4).  See Becker, Gallus, vol. i. p. at home, in charge of the war department there.
321, &c.                                         Accordingly, in the best times of Athens, three
STRA'GULUM.  [TAPES.]                         only were for the most part sent out; one of these
STRATE'GUS (oarp'aTyo's).  The office and  (rpTros abi'rs) was considered as the comrmandertitle of Strategus, or General, seem to have been  in-chief, but his colleagues had an equal voice in
more especially peculiar to the democratic states of a council of war.  Sometimes a strategus, as
ancient Greece: we read of them, for instance, at Pericles, was vested with extraordinary powers
Athens, Tarentum, Syracuse, Argos, and Thurii; (Thucyd. ii. 65): in like manner, the three geand when the tyrants of the Ionian cities in Asia nerals engaged in the Sicilian expedition, Nicias,
Minor were deposed by Aristagoras, he established  Alcibiades, and Lamarchus, were made ai'otcpdStrategi in their room, to act as chief magistrates. ropes, or supreme and independent in all matters
(IHerod. v. 38.)                                connected with it. (Thucyd. vi. 8, 26.)  So also
The Strategi at Athens were instituted after the  was Aristides in his command at Plataeae.  But
remodelling of the constitution by Cleisthenes, to even in ordinary cases the Athenian generals were
discharge the duties which had in former times not fettered in the conduct of a campaign by any
been performed either by the king or the Archon  council of war, or other controlling authority, as
Polemarchus.  They were ten in number, one for the Spartan kings sometimes were; still they were
each of the ten tribes, and chosen by the suffrages responsible for it, and in the time of Demosthenes
(Xetporoevia) of the people.  (Pollux, viii. 87.) (Philip. i. 53) exposed on the termination of their
Before entering on their duties, they were required  command to capital indictment at the caprice of
3z




1074             STRATEGUS.                                        STRATORES.
the people, or from  tihe malevolence of personal the orator or minister was lessened, and it was in
enmity.  (c. M(id. 535, c. Aristfoe. 676.)  Even  most cases easy for a general to purchase an appaPericles himself (Thucyd. ii. 65) was fined by the  rently disinterested advocacy of his conduct. There
people for imputed mismanagement, but really be- was this further abuse connected with the system,
cause the Athenians were disappointed in their that according to Isocrates (de Pace, 168), military
expectations.                                      command was so much coveted, that the election
In the times of Chabrias and Phocion, however, of generals was often determined by the most prothe greater part of the generals regularly remained  fligate bribery.
at home to conduct the processions, &c., as the    The most eminent generals of the time of Decitizens did to enjoy them, leaving their wars to  mosthenes were Timotheus, Chabrias, Iphicrates,
be conducted by mercenaries and their leaders. and Diopithes: Chares and Lysicles were inferior
(Demosth. Phil. i. 47. 12.) Some of them too were  to them  both in loyalty and skill, but the former
not commanders of all the troops, but only of the  and the mercenary Charidemus were frequently
horse and foot of separate armies (orfpar7-yos O6 erl employed.  Towards the decline of the Roman
rCv i7rAcrwv or O67rAirXcv, and o6 erl iCv i7r7rEov): empire the chief magistrate at Athens was called
and one of them, the general of the administration   Tpuasr-'wYs, or the Duke: Constantine bestowed
(65 erl T's 6o101c1ews), performed part of the judi- on him the title of Meyas STraTlu7yo s or the GCrand
cial labours of the strategi, and other civil services, Duke.  (Julian. Or at. i.)  The military chiefs of
such as that of giving out the pay of the troops. the Aetolian and Achaean leagues were also called
(Bdckh, Pulbl. Econ. of Athlens, p. 181, 2d ed.; Strategi.  The Achaean Strategi had the power
Dem. pro Colron.  265. 1].)  We must also re- of convening a general assembly of the league on
member that the Athenian navy as well as the  extraordinary  occasions.  [ACImAIcus  FOEDTS,
army was commanded by the Strategi, whence the  p. 5, b.]                                [R. W.]' "praetoria navis " or flag-ship is called urparVsyis    STRATO'RES. 1. Imperial Equerries subject
vais.  (Hermann, Lehrbuchl der griech. Stlatcsalt. to the Tribunus Stabuli.  Their proper duty, as
~ 152.)                                           the name imports, was to saddle the horses; they
The strategi at Athens were perhaps the most also led them  from  the stable and assisted the
important officers of the republic, especially during  emperor to mount.  Hence they were termed in
war; and amongst them are numbered some of her Greek &vagoXeZs.  From  the addition of miles to
most distinguished citizens, Miltiades, Themistocles, their title it appears that they were considered as
Pericles, Phocion, &c.  But the generals of the  part of the military establishment.  (Spartian.
early times differed in many respects from the con- Characall. 7; Amm. Marc. xxx. 5; see Ducange,
temporaries of Demosthenes. Formerly the general s. v.)  Consuls and praetors had their stratores
and the statesman were united in one person; the  as we learn from inscriptions (Orell. lserC. n. 798,
leader in the field was the leader in the assembly, 3250, 3523), and perhaps aediles also.  (Orell.
and thus acquired a double influence, accompanied  n. 1584.)
with a double responsibility.  But in later times,    2. Officers sent into the provinces to select
the general and the professed orator or statesman  horses for the stud of the prince or for the general
were generally perfectly distinct (Isocr. de Pace, service of the state.  (Atmm. Marc. xxix. 3; Cod.
173), and the latter, as ought always to be the case  Theod. 8. tit. 8. s. 4; Cod. 12. tit. 25; Salmas.
in free states, had by fir the greater influence. ad Capitolinz. 11!. Antonzin. 8, ad Trebell. Poll. VaThe last of the Athenian generals who was con- lerian. 3.)  These in all probability belonged to
sidered to unite the two characters, was Phocion, the same body with those mentioned above; the
who was general no less than forty-five times. title statores a puzblicis rationibcs, by which they
(Plut. Pihoc. 5.)  Accordingly the various parties  are usually distinguished in works upon Roman
into which the state was then divided had each  antiquities, rests upon no authority  except the
their orator and general, the former acting as a  letters STR. A.P.R. in an inscription (Gruter, p.
recognized leader (Demosth. Olyn. ii. 26); and a  ODLIx. n. 8), the interpretation of which is very
general, when absent on foreign expeditions, was doubtful.
liable to be maligned or misrepresented to the    3. Jailors under the orders of the Cosmmen2apeople by an unfriendly and influential demagogue. riensis or Chief Inspector of Prisons. (Cod. Theod.
(Demosth. de 6Clerson. 97. 12.)  Hencewe cannot 9. tit. 3. s. 1.)  To these Ulpian refers (Dig. 1.
wonder that the generals of the age of Demosthenes tit. 16. s. 4), " nemo proconsulum  stratores suos
were neither so patriotic nor so distinguished as  habere potest, sed vice eorum  milites ministerio
those of former times, more especially when we  in provinciis funguntur," although the passage is
call to mind, that they were often the commanders  quoted in most dictionaries as bearing upon the
of mercenary troops, and not of citizens, whose  stratores of the stable. (Compare the Notitia Digpresence might have checked or animated them. nitaltmoe  Ismperii Orientis, c. 13 and c. 101 in GraeMoreover, they suffered in moral character by the  vii Thes. Rom. Antiq. vol. vii. p. 1375 and p. 1606.)
contamination of the mercenary leaders with whom     4. In the later Latin writers and especially in
they were associated.  The necessity they were  the monkish historians of the middle ages, stratorcs
under of providing their hired soldiers with pay, denote a chosen body of soldiers sent in advance of
habituated them  to the practice of levying exac- an army to explore the country, to determine the
tions from  the allies; the sums thus levied were  proper line of march, to select the spots best fitted
not strictly accounted for, and what should have  for encamping, and to make all the arrangements
been applied to the service of the state was fre- necessary for the safety and comfort of the troops
quently spent by men like Chares upon their own  when they halted, their duties being in some repleasures, or in the purchase of a powerful orator. spects analogous to those of the classical metatoncs,
(Thirlwall, Hist. of Greece, vol. v. p. 214.)  An- and in others to those of a modern coups-de-guides.
other effect of the separation of the two characters, (Synmmach. Epist. ad Theod. et Valent. 1; Duwas that the responsibility of the general and of cange, s. v.)




SUBLIGACULUMa.                                         SUCCESSIO.                1075
5. We find in an inscription the words Dio-  ozn loe.), which name was also applied to it as worn
bSEDES AP. STRATOR, which is generally under-  by Roman slaves. (Gell. xii. 3.) The circumstance
stoodto commemorate the labours of some individual of the slaves in India wearing this as their only
in paving the Appian Way, and mention is made  covering (Strabo, xv. 1. ~ 73. p. 156, ed. Sieb.) is
of stratores of this description in another inscrip- agreeable to the practice of modern slavery in the
tion found at Mayence. (Orell. n. 1450; compare  West Indies and other tropical countries.  [J.Y.]
Fuchs, Geschichte vonz ITcIinz.)      [W. R.]        SUBSCRI'PTIO  CENSO'RIA.   [CENSOR,
STRENA, a present given on a festive day and  p. 263, b.]
for the sake of good omen (Festus, s. v.), whence a    SUBSECI'VA. [AGRARIAnE LEGES, p. 42, a.]
good omen is called by Plautus bona strena. (Stic].    SUBSELLIUM.  [TiHRoNUS.]
v. 2. 24.) It was however chiefly applied to a new   SUBSIGNA'NI.  [ExERcITvs, p. 502, a.]
year's gift, to a present made on the Calends of    SUBSTITUITIO.  [HEREs, p. 599, a.]
January.  In accordance with aSenatusconsusltum      SUBTE'MEN.  [TELA.]
new year's gifts had to be presented to Augustus    SUBUtCULA.  [TUNICA.]
in the Capitol, even when he was absent.  (Suet.    SUCCE'SSIO.  This word is used to denote a
A ug. 57; comp. Dion Cass. liv. 35.)  The person  right which remains unchanged as such, but is
who received such presents was accustomed to  changed with reference to its subject. The change
make others in return (strenaessem commenrcismnz); is of such a nature that the right when viewed as
but Tiberius, who did not like the custom  on ac- attached to a new person is founded on a preceding
count of the trouble it gave him and also of the ex- right, is derived from it and depends upon it. The
pense in making presents in return, frequently left right must accordingly begin to be attached to the
Rome at the beginning of January, that he might new person at the moment when it ceases to be atbe out of the way (Dion Cass. lvii. 8), and also  tached to the person who previously had it; and
strictly forbade any such presents to be offered  it cannot ce a better right than it was to the perhim after the first of January, as he used to be  son from  whom  it was derived (Dig. 50. tit. 17.
annoyed by them during the whole of the month. s. 175. ~ 1).  Thus in the case of the transfer of
(Suet. Tib. 34; Dion Cass. lvii. 17.) The custom, ownership by tradition, the new ownership begins
so far as the emperor was concerned, thus seems to  when the old ownership ceases, and it only arises
have fallen almost entirely into disuse during the  in case the former possessor of the thing had the
reign of Tiberius. It was revived again by Caligula  ownership, that is, prior ownership is a necessary
(Suet. Cacl. 42; Dion Cass. lix. 24), but abolished  condition of subsequent ownership.  This kind of
by Claudius (Dion Cass. lx. 6); it must, however, change in ownership is called Successio.  It folhave been restored afterwards, as we find it men- lows from  the definition of it that Usucapion is
tioned as late as the reigns of Theodosius and  not included in it; for Usucapion is an original
Arcadius.  (Auson. Ep. xviii. 4; Symmach. Ep. acquisition.  The successio of a heres is included,
x. 28.)                                            for though there might be a considerable interval
STRIAE,  [COLUMNA.]                             between the death and the aditio hereditatis,
STRIGA,  [CASTRA, p. 254.]                      yet when the hereditas was once taken possesSTRIGIL.  [BAr,NEAE, pp. 185, a, 192, a.]    sion of, the act of aditio had by a legal fiction reSTROIPHIUM  (raCtyta, -raTrialop, &7rdoaestoo) lation to the time of the death.  Thus whereas we
was a girdle or belt worn by women round the  generally view persons who possess rights as the
breast and over the inlner tunic or chemise. (Non. permanent substance and the rights as accidents,
xiv. 8; tercti  strophio Izctantes vincta papillas,  in the case of Succession the right is the permanent
Catull. lxiv. 65.)  It appears from  an epigram of substance, which persists in a series of persons.
Martial (xiv. 66) to have been usually made of    The notion of Succession applies mainly though
leather.  (Becker, Gallus, vol. i. p. 321.)        not exclusively to property.  With respect to the
STRUCTOR.  [COENA, p. 307, b.]                  law that relates to Familia, it applies so far as the
STULTO'RUM  FE'RIAE. [FORNACALIsA.]  parts of the Familia partake of the nature of proSTUPRUM.  [ADULTERIUM; CONeCUBINA; perty, such as the power of a master over his slave,
INCESTUM.]                                         and the case of Patronatus and Mancipii causa.
STYLUS.  [STILUS.]                              Thus the patria potestas and the condition of a
SUBCENTU'RIO.  [ExaRCITUS, p.506, a.]   wife in mann may be objects of succession.  It
SUBITA'RII.  [TUMUvLTvU.]                       applies also to the case of adoption,
SUBLIGA'CULUM or SUCCINCTO'RIUM                    Successio is divided into Singular Succession
(6iL4SXoa, Wreplqxta), drawers. (Joseph. Ant. iii. 7. and Universal Succession.  These terms conveni~ 1.)  This article of dress, or a bandage wound  ently express the notion, but they are not Roman
about the loins so as to answer the same purpose, terms.  The Roman terms were as follows: in
was worn by athletes at the public games of Greece  universurn  jus, in eam  duntaxat rem succedere
in the earliest ages [ATHT,ETAE]: but the use of (Dig. 21. tit. 3. s. 3); per universitatenim in rem
it was soon discontinued, and they went entirely  succedere (Gaius, ii. 97; Dig. 43. tit. 3. s. 1); in
naked. (Schol. in Honm. II. xxiii. 683; Isid. Orig. omie jus mortui, in singularum  rerum  dominiurm
xviii. 17.)  The Romans, on the contrary, and all succedere (Dig. 29. tit. 2. s. 37); in universa bonen,
other nations except the Greeks, always adhered  in rei tantum dominium snccedere. (Dig, 39. tit. 2.
to the use of it in their gymnastic exercises. s. 24.)
(Thucyd. i. 6; Schol. in loc.; Clem. Alex. Paedg.    It is Singular succession when a single thing as
iii. 9; Isid. Orig. xix. 22.)  It was also worn by  an object of ownership is transferred, or several
actors on the stage (Cic. de Off. i. 35), by those  things together, when they are transferred as inwho were employed in treading grapes [Toacu-  dividual things, and not as having any relation to
LAR] (Geoponz. vi. 11), and by the Roman popa  one another ill onsequence of this accidental comat the sacrifices, and it then received the de- mon mode of transfer.  The person into whose
nomination limus (Virg. Aen. xii. 120; Servius, place another comes by Singular succession, is
3z 2




1076            SUCCESSIO.                                      SUFFRAGIUM.
called Auctor with respect to his successor.  Ill of the notion was not left to the pleasure of indiorder to be Singular succession, the whole right of viduals, and accordingly this doctrine was, to use
the auctor must be transferred.  He to whom an a Roman phrase, Juris Publici.
estate in fee simple is transferred, takes by Singular    The words Successio, Successor, Succedere by
succession: he to whom a life estate is granted out themselves have a general meaning and comprise
of an estate in fee simple, does not take by Singu- both kinds of Succession.  Sometimes these words
lar succession.                                  by themselves signify universal succession, as apThe object of Universal succession is property as pears from the context (Gains, iii. 82), and by
an ideal whole (universitas) without any reference  such expressions as heredes ceterique successores.
to its component parts.  Yet the notion of succes- In other cases the kind of succession is denoted by
sion applies as well to a fraction of this ideal whole appropriate words as per universitatem  succedere,
as to the unit which this ideal whole is conceived  acquirere, transire, in universum jus succedere, &c.
to be; for the whole property being viewed as a in the case of Universal Succession; and ill rem,
uanit, it may be conceived to be divided into frac- in rei dominium, in singularum  rerum  dominium
tional parts without any reference to the several succedere, &c. in the case of Singular Succession.
things which are included in the ideal whole.  It   In the phrase "per universitatem succedere" the
was also consistent with this species of succession  notion of universal succession is not directly exthat many particular things should be incapable of pressed; for the phrase has immediate reference to
being transferred: thus in the case of an hereditas the acquisition of a single thing, and it is only by
the ususfructus of the deceased did not pass to the means of the word Universitas that we express
heres, and in the case of adrogation neither the the notion, that the acquisition of the individual
ususfructus nor the debts of the adrogated person, thing is effected by means of the acquisition of the
according to the old law.                        whole.
In the case of Obligationes there is no Singular    (Savigny, System, &c. iii. p. 8; Gaius, ii. 97,
succession: there is either the change of the Obli- &c.; Puchta, Inst. ii. ~ 198.)    [G. L.]
gatio into another by Novatio, or the suing for the    SUCCESSOR.  [SuccEssio.]
debt by another (cessio actionis).                 SUCCINCTO'RIUM.  [SUBLIGACULUA.J ]
The object of Universal succession is a Univer-    SUDA'TIO, SUDATO'RIUM.  [BALNEAE,
sitas as such, and it is by means of the words p. 190, b.]
Universitas and Universum, that the Romans de-    SUFFI'BULUM.  [VESTALES.]
note this kind of succession; but it would be er-    SUFFRA'GIA  SEX.  [EQUITES, p. 472, b.]
roneous to infer from  this use of the term that    SUFFRA'GIUM, a vote. At Athens the voting
succession applies to all Universitates.  Its proper in the popular assemblies and the courts of justice
application is to property, and the true character of was either by show of hands or by ballot, as is
Universal succession is the immediate passing over explained under CHEIROTONIA and PSEPHUS. It
from one person to another of all the credits and  is commonly supposed that at Rome the people
debts that belong or are attached to the property. were always polled in the comitia by word of
This happens in the case of an hereditas: heres in mouth, till the passing of the Leges Tabellariae
omne jus mortui, non tantum  singularum  rerum  about the middle of the second century before
dominium succedit, quum et ea quae in nominibus Christ [TABELLARIAE LEGEs], when the ballot
sunt ad heredem transeant (Dig. 29. tit. 2. s. 37); by means of tabellae was introduced. [TABELLA.]
and in the case of adrogation as to most matters. Wunder (Codex Esfutensis, p. clxvii. &c.) however
The debts would be transferred by adrogation if has shown, that the popular assemblies voted by
this were not accompanied with a capitis deminutio. ballot, as well as by word of mouth, long before
Credits and debts could not be transferred by  the passing of the Leges Tabellariae, but that inSingular succession. The cases of Universal succes- stead of using tabellae they employed stones or
sion were limited and the notion could not be ap- pebbles (the Greek */qole), and that each voter
plied and made effectual at the pleasure of indivi- received two stones, one white and the other
duals.  The most important cases of Universal black, the former to be used in the approval and
succession were the property of a deceased person; the latter in the condemnation of a measure.  The
as hereditas, bonorum possessio, fideicommissaria voting by word of mouth seems to have been
hereditas, and others of the like kind.  The pro- adopted in elections and trials, and the use of
perty of a living person might be transferred in pebbles to have been confined to the enactment
this way, in the case of adrogatio, conventio in  and repeal of laws. That the latter mode of voting
manum, and the bonorum  emtio. (Gains, ii. 98.) was adopted in early times is proved by many
In many other cases though the object is to trans- passages of Dionysius, and especiallyby x. 41:'cWs
fer a whole property, it is in fact effected by the  o   rATos   r'Tdel'&is q*0povs, os cE&raT-oI fr  7ratransfer of the several things: the following are  puciKLcv —7i a'eyyEa T-v  fI-pwOv TO'vs EXovTas
instances of this kind of transfer, the gift of a adPqbpoVT'o; and by xi. 52: ECE'KiXeeaV  caslhcKo
whole property, or its being made a Dos, or being  TreOVma V'7rrip TS i-Areeos'PwCeyaLcw, Kae' eKciOTq'V
brought into a Societas, or the sale of an hereditas  pmvAis, eis bsV &roeO-OVrow' TOaS *7qPous.  It is also
by a heres.                                      confirmed by the common expressions used with
The notion of a Universal succession among the  respect to voting, as sufpragiun ferre, mittere in
Romans appears to have been derived from the suffi'agia, inire, or ire in szffsagia, which lead us
notion of the hereditas, to which it was necessary  to suppose that the suffragium  probably signified
to attach the credits and debts of the deceased and  something which was put by the hand from one
the sacra. Other instances of Universal succession  place into another.  For if the Romans had from
such as the Bonorinm Possessio grew out of the  the first been polled only by word of mouth, it is
notion of the hereditas; and it was found con- scarcely possible that such an expression as s2qJ'avenient to extend it to other cases, such as Adro- gienom ftrre would have been used, when they had
gation.  But, as already observed, the extension I nothing to carry; but on the contrary, some such




SUMTUARIAE LEGES.                                SUMTUARIAE LEGES.   1077
word as dicere would have been employed, more  limited the number of guests to be present at enespecially as it is certain that in the most ancient tertainments.  When attempts were afterwards
times those who voted by word of mouth did not made to repeal this law, Cato offered the strongest
go up one by one to the officer who received the  opposition, and delivered a speech in defence of the
votes, but remained in their places, and were asked  law, which is referred to by the grammarians.
for their votes by the Rogatores, who thence de-  (Macrob. Sat. ii. 13; Festus, s. vv. Obsonitavere,
rived their name.  Besides which the word sqfifa- -Percunctatum; Schol. Bob. in  Cic. pro  Sest.
giunm can scarcely signify the same as sententia or p. 310, ed. Orelli;  Meyer, Orat. Roman. FraCGm.
vox. The etymology is uncertain, for the opinions  p. 91, &c., 2d ed.).
of those who connect it with rppdeoOOat or fraigor    FANNTA, proposed by the consul C. Fannins B. C.
do not deserve notice.  Wunder thinks that it 161, limited the suims which were to be spent on
may possibly be allied with sqfe'ago, and signified  entertainments, and enacted that not more than
originally an ankle-bone or knuckle-bone. On the  100 asses should be spent on certain festivals
passing of the Leges Tabellariae the voting with  named in the lex, whence it is called Coentessis by
stones or pebbles went out -of -use.  For further  Lucilius, that on ten other days in each month not
particulars with respect to the voting in the comitia, more than 30 asses, and that on all other days not
see COMITIA, p. 336; DIRBITORES; SITULA; more than 10 asses should be expended: also that
TABELLA; TAnELLAR.IAE LEGES.                    no other fowl but one hen should be served up, and
Those who had the Jus S2tfiagii or the right of that not fattened for the purpose.  (Gell. ii. 24
voting in the comitia, as well as the capacity of Macrob. Sat. ii. 13; Plin. H. N. x. 50. s. 71.)
enjoying magistracies, were citizens optimo jure.    DIDIA, passed B. c. 143, extended the Lex Fan[CIVITAS, p. 291, b.]                            nia to the whole of Italy, and enacted that not only
SUGGESTUS means in general any elevated  those who gave entertainments which exceeded in
place made of materials heaped up (sub and gero), expense what the law had prescribed, but also all
and is specially applied: 1. To the stage or pulpit who were present at such entertainments, should
from which the orators addressed the people in the  be liable to the penalties of the law.  We are not
comitia.  [RosTRA.]  2. To the elevation from  however told in what these consisted.  (Macrob.
which a general addressed the soldiers.  (Tacit. Sat. ii. 13.)
Hist. i. 35.)  3. To the elevated seat from which    LICINIA agreed in its chief provisions with the
the emperor beheld the public games (Suet. Jll. Lex Fannia, and was brought forward, we are told,
76; Plin. Paneg. 51), also called cubicidlltm. [Cu- that there might be the authority of a new law
BICULUM.]                                        upon the subject, inasmuch as the Lex Fannia was
SUGGRUNDA'RIUM.  [FUNUs, p. 559,b.]  beginning to be neglected.  It allowed 200 asses
SUI HERE'DES.  [HERES, p. 598, b.]            to be spent on entertainments upon marriage days
SUMTUA'RIAE LEGES, the name of various  and on other days the same as the Lex Fannia:
laws passed to prevent inordinate expense (smetus) also, that on ordinary days'there should not be
in banquets, dress, &c.  (Gellius, ii. 24, xx. 1.) served up more than three pounds of fresh and one
In the states of antiquity it was considered the pound of salt meat. (Gell. Macrob. 11. cc.) Gellius
duty of government to put a check upon extra-  (1. c.) states, that this law was brought forward by
vagance in the private expenses of persons, and  P. Licinius Crassus, but we do not know at what
among the Romans in particular we find traces  time, probably however in his praetorship B.C. 103.
of this in the laws attributed to the kings and  Gellius relates elsewhere (xv. 8) that a Latin
in the Twelve Tables.  The censors, to whom was orator of the name of Favorinus spoke in support
entrusted the disciplina or cura osoroum, punished  of this law.  (See Diet. of Biog. art. Favorinuzs.)
by the note censos ia all persons guilty of what was    COORNELIA, a law of the dictator Sulla B. C. 81,
then regarded as a luxurious mode of living: a  was enacted on account of the neglect of the Fangreat many instances of this kind are recorded. nian and Licinian Laws.  Like these it regulated
[CENsoa, p. 264, a.]  But as the love of luxury  the expenses of entertainments.  (Gell. ii. 24;
greatly increased with the foreign conquests of the  MSacrob. 1. c.)  Extravagance in funerals, which
republic and the growing wealth of the nations, had been forbidden even in the Twelve Tables
various Leges Sunltuariae were passed at different (Cic. de Leg. ii. 23-25), was also restrained by a
times with the object of restraining it.  These  law of Sulla.  (Plut. Szul. 35.)  It was probably
however, as may be supposed, rarely accomplished  the same law which determined how much might be
their object, and in the latter times of the republic  spent upon monuments. (Cic. ad Att. xii. 35, 36.)
they were virtually repealed.  The following is a    AEMILIA, proposed by the consul Aemilius Lelist of the most important of them  arranged in  pidus B. c. 78, did not limit the expenses of enterchronological order.                             tainments, but the kind and quantity of food that
OPPIA, proposed by the tribune C. Oppius in the  was to be used. (Gell. Macrob. ll. cc.)  Pliny (H.
consulship of Q. Fabius and Ti. Sempronius in the N. viii. 57. s. 82) and Aurelius Victor (de Vir. Ill.
middle of the second Punic war B. c. 213, enacted  72) ascribe this law to the consulship of M. Aemithat no woman should have above half an ounce of lius Scaurus B. c. 115.  It is not impossible that
gold, nor wear a dress of different colours, nor ride  there may have been two Aemilian Leges on the
in a carriage in the city or in any town, or within  subject.
a mile of it, unless on account of public sacrifices.    ANTIA, of uncertain date, proposed by Antius
This law was repealed twenty years afterwards  Restio, besides limiting the expenses of entertain(Liv. xxxiv. 1, 8; Val. Max. ix. 1. ~ 3), whence  ments, enacted that no actual magistrate, or magiswe frequently find the Lex Orchia mentioned as trate elect, should dine abroad anywhere except at
the first Lex Sumtuaria. Tacitus (Ann. iii. 33, 34) the houses of certain persons.  This law however
speaks of Oppiae Leges.                          was little observed; and we are told that Antius
OncHIA, proposed by the tribune C. Orchits in  never dined out afterwards, that he might not see
the third year after the censorship of Cato B.C. 181, his own law violated.  (Gell. Macrob. 11. cc.)
3z 3




1078           SUPERFICIES.                                       SUPERFICIES.
JuLIA, proposed by the dictator C. Julius Caesar,  the ground (soluns) also belongs."  (Gaius, Dig.
enforced the former sumptuary laws respecting ea-  43. tit. 18. s. 2.)  Cicero (ad Alt. iv. 2) uses the
tertainments, which had fallen into disuse.  (Dion  expression " suspeeficies aediuln."  Every building
Cass. xliii. 25.) Julius Caesar adopted strong mea-  then was considered a part of the ground on which
sures to carry this law into execution, but it was  it stood; and the ownership and possession of the
violated when he was absent from Rome. (Cic. ad  building were inseparable from the ownelrship and
Aftt. xii. 7.) He stationed officers in the provision  possession of the ground.  The Superficies resemmarket to seize upon all eatables forbidden by the  bles a Servitus and is classed among the Jura in
law, and sometimes sent lictors and soldiers to ban-  re.  According to the definition, the Superficiarius
quets to take away every thing which was not  had not the thing even In bonis; and as the animus
allowed by the law. (Suet. Jul. 43.) Cicero seems  Domini could not exist in the case of Superficies,
to refer to this law in two of his epistles (ad Fran.  he consequently could not be Possessor.  He had
vii. 26, ix. 15).                                  however a Juris Quasi Possessio. The Superficiarius
JULIA, a lex of Augustus, allowed 200 sesterces  had the right to the enjoyment of the Superficies:
to be expended upon festivals on dies profesti, he could alienate the Superficies and pledge it for
300 upon those on the Calends, Ides, Nones, and  the term of his enjoyment; he could dispose of it
some other festive days, and 1000 upon marriage  by testament; and it could be the object of sucfeasts.  There was also an edict of Augustus or  cession ab intestato; he could also make it subject
Tiberius by which as much as from 300 to 2000  to a Servitus; and he could prosecute his right by
sesterces were allowed to be expended upon enter-  a utilis in rem actio.  As he had a Juris Quasi
tainments, the increase being made with the hope  Possessio, he was protected against threatened disof securing thereby the observance of the law.  turbance by a special Interdict, which is given isn
(Gell. 1. c.; Sueton. Octav. 34.)                  the Digest (43. tit. 18), and in its effect resembles
Tiberius attempted  to check extravagance in  the Interdictum  Uti possidetis.  The explanation
banquets (Suet. Tib. 34); and a senatusconsultum   of the passage relating to this Interdict (Dig. 43.
was passed in his reign for the purpose of restrain-  tit. 18. s. 3) is given by Savigny (Dats Rec/t des
ing luxury, which forbade gold vases to be em-  Besitzes, p. 289, 5th ed.).  If he was ejected, he
ployed, except for sacred purposes, and which also  could have the Interdictum  de vi, as in the case
prohibited the use of silk garments to men. (Tacit.  of proper Possession; and if he had granted the
Ann. ii. 33; Dion Cass. lvii. 15.)  This sumptuary  use of the Superficies to another Precario, who relaw, however, was but little observed. (Tacit. Ann. fused to restore it, lie had the Interdictum de preiii. 52, 53.)  Some regulations on the subject were  cario.
also made by Nero (Suet. Ner. 16), and by suc-    A man could obtain the use of a Superficies by
ceeding emperors, but they appear to have been of agreement with the owner of the land for permislittle or no avail in checking the increasing love of sion ta erect a building on it: he thus obtained a
luxory in dress and food.  (Platner, Exercit. II.  Jus Superficiarium; and he might also by agreede Legibus Suntnuariis Rose. Lips. 1752; Box-  ment have the use of an existing Superficies.  He
mann, Disserlt. a2tiquario-juridica de Leg. Rlom,  was bound to discharge all the duties which he
Sumnltuariis, Lugd. Batav. 1816.)                  owed in respect of the Superficies, and to make
Sumptuary laws were not peculiar to antiquity. the proper payment in respect of it (solaSizmn), if
" Our own legislation, which in its absurd as well any payment had been agreed on.  The solarium
as its best parts has generally some parallel inthat  was a ground-rent.  (Dig. 43. tit. 8. s. 2. ~ 17.)
of the Romans, contains many instances of Sump-    The rule of law that the Superficies belonged to
tuary Laws, which prescribed what kind of dress, the owner of the soil was expressed thus: Superand of what quality, should be worn by particular ficies solo cedit.  (Gaius, ii. 73.)  If then a man
classes, and so forth. The English Sumptuary Sta-  built on another man's land, the house became the
tutes relating to apparel commenced with the 37th  property of the owner of the land.  But if the
of Edward III. This statute, after declaring that owner of the land claimed the house, and would
the outrageous and excessive apparel of divers people  not pay the expense incurred by building it, the
against their estate and degree is the destruction  builder of the house could meet the claimant with
and impoverishment of the land, prescribes the ap- a plea of dolus malus (exceptio  doli nsali), that is
parel of the various classes into which it distributes  to say, if he was a Bonae fidei possessor.  In any
the people; but it goes no higher than knights.  other case, he had of course no answer to the
The clothing of the women and children is also re- owner's claim.
gulated.  The next statute, 3rd of Edward IV., is    According to Coke (Co. Lift. 48, b)," a man may
very minute. This kind of statute-making went on  have an inheritance in an upper chamber, though
at intervals to the 1st of Philip and Mary, when  the lower buildings and the soil be in another, and
an act was passed for the Reformation of Excessive  seeing it is an inheritance corporeal, it shall pass
Apparel. These Apparel statutes were repealed by  by livery."  But this doctrine is open to serious
the 1st of James I."   (Long's Translation of objections, and contradicts a fundamental principle
Plutarch's Life of Sulla, c. 2.)                   of law.
SUOVETAURI'L1A. [ScaRIFICIUM; Lus-    At Rome if a man received permission to build
TRATIO.]                                          on a locus publicus, he thereby obtained a Jus
SUPERFI'CIES, SUPERFICIAIRIUS. -   Superficiarium. The Lex Icilia de Aventino, B. c.
Superficies is anything which is placed upon the  456, probably gave the ground in ownership to the
ground, so as to become attached to it.  The most  Plebs.  Dionysius, who speaks particularly of this
common case of superficies is that of buildings  lex, says that several persons united to build a
erected  on  another man's land.  " Those are  house on the samle plot of ground, and distributed
aedes superficiariae which are built on hired  the stories among them; this, however, would not
ground, and the property of which both by the  be a case of superficies, but a communio pro inJ'us Civile and Naturale belongs to him to whom   diviso.  In later times, it was common at Rome




SUSPENSURA.                                       SYCOPHANTES.                  1079
for the ground on which Insulae were built to're-    SYCOPHANTES (cuKcoOdsvrTs).  At an early
main the property of the owner of the soil, while  period in Attic history a law was made prohibiting
other persons had a Jus Superficiarium  in the  the exportation of figs.  Whether it was made in
different stories, in respect of which a rent (so- a time of dearth, or through the foolish policy of
larium7) was payable to the dominus of the soil. preserving to the natives the most valuable of
iudorff (Beitrag zur Geseclichte der Sepesficies, their productions, we cannot say.   It appears,
Zeitsclhriftfiir Gescliczt. Rechtsw. &c., No. xi.) says  however, that the law  continued in force long
that these terms were as common in Rome " as after the cause of its enactment, or the general
they now are in London where great landholders, belief of its utility, had ceased to exist; and
in consideration of a rent for nine and ninety years, Attic fig-growers exported their fruit ill spite of
and the reservation of the ownership of the soil, prohibitions and penalties.  To inform  against a
allow others to occupy building ground and slightly  man for so doing was considered harsh and vexabuilt houses."  He who builds on another's land  tious; as all people are apt to think that obsolete
on a building lease has a Jus Superficiarium and  statutes may be infringed with impunity.  Hence
nothing more.                                      the term  TuVocpavc'esV, which originally signified
(Gaius, ii. 73-75; Dig. 43. tit. 18; Lex Icilia, to lay an insforMation against anotlse for exporting
Dionys. Antiq. Romn. x. 32; Puchta, Inst. ii. figs, came to be applied to all ill-natured, malicious,
~ 244; Zeitschrift. &e. xi. 219; Stair, Institutes, groundless, and vexatious accusations.  It is debook ii. tit. 7; M'Dowell, Tnsst. i. 676; Code  fined by Suidas, /Esv3is Trtios IcaTriyopeY7.  (SteCivil, art. 664.)                      LG. L.]    phan. Tliesaus. 8873, b.)
SUPERNUMERA'RII.  [AccENS..]                      Sycophanztes in the time of Aristophanes and
SU'PPARUM. [NAVIS, p. 790, a; TUNICA.]  Demosthenes designated a person of a peculiar
SUPPLICA'TIO was a solemn thanksgiving or class, not capable of being described by any single
supplication to the gods decreed by the senate, word in our language, but well understood and apwhen all the temples were opened, and the statues  preciated by an Athenian.  He had not much in
of the gods frequently placed in public upon  common with our syeoplhant, but was a happy comcouches (pulvinaria), to which the people offered  pound of the commlon barretor, insformner, pettifoggcer,
up their thanksgivings and prayers (ad omnia pul-  busybody, rogue, liar, and slanderer.  The Athenian
inariea supplicatio deereta est, Cic. in Ca(hil. -iii. 10). law permitted any citizen (TbOV,ouXdAfiEoV,) to give.
[LECTISTERNIUM.]  A  Sulplicatio was decreed  information against public offenders, and prosecute
for two different reasons.                         them in courts of justice.  It was the policy of the
I. As a thanksgiving, when a great victory had  legislator to encourage the detection of crime, and.
been gained: it was usually decreed as soon as a reward (such as half the penalty) was frequently
official intelligence of the victory had been re- given to the successful accuser.  Such a power,
ceived by a letter from the general in command. with such a temptation, was likely to be abused,
The number of days during which it was to last unless checked by the force of public opinion, or
was proportioned to the importance of the victory. the vigilance of the judicial tribunals.  UnfortuSometimes it was decreed for only one day (Liv. nately, the character of the Athenian democracy
iii. 63), but more commonly for three or five days. and the temper of the judges furnished additional
A  supplication of ten days was first decreed in  incentives to the informer.  Eminent statesmen,
honour of Pompey at the conclusion of the war orators, generals, magistrates, and all persons of
with Mithridates (Cic. de Prov. Cons. 11), and  wealth and influence were regarded with jealousy
one of fifteen days after the victory over the Belgae  by the people.  The mie causes came into court,
by Caesar, an honour which Caesar himself says the more fees accrued to the judges, and fines and
(B. G. ii. 35) had never been granted to any one  confiscations enriched the public treasury.  The
before. (Compare Cic. 1. c.)  Subsequently a sup- prosecutor therefore in public causes, as well as the
plicatio of twenty days was decreed after his con- plaintiff in civil, was looked on with a more favour..
quest of Vercingetorix.  (Caes. B. G. vii. 90.) able eye than the defendant, and the chances of.
From this time the senate seems to have frequently  success made the employment a lucrative one.  It
increased the number of days out of mere compli- was not always necessary to go to trial or even to
nellt to the general.  We thus find mention of commence legal proceedings. The timid defendant
thanksgivings for forty days (DionCass. xliii. 14), was glad to compromise the cause, and the confifty days (Id. xliii. 42, and Cic. Phil. xiv. 14), and  scious delinquent to avert the threat of a prosecueven sixty. (Dion Cass. xl. 50.) A supplicatio was tion by paying a sum  of money to his opponent.
usually regarded as a prelude to a triumph, but it Thriving informers found it not very difficult to
was not always followed by one, as Cato reminds procure witnesses, and the profits were divided beCicero, to whose honour a supplicatio had been  tweenthem. Accordingto Theophrastus (ap.Atlesz..
decreed. (Cic. ad Fain. xv. 5.)  This honour was  vi. 254, b), Athens was full of ALo'ueolcoAadtoo,
conferred upon Cicero on account of his suppression  Ka2c  A7rooJurv va eal #euC oasoceTrpwV e ael 1coYavoa s'
of the conspiracy of Catiline, which had never been  Kal 4evaoX*Ar7pocvc.  The character of the evicodecreed to any one before in a civil capacity (to- (padraT will be best understood by the examples
gatus), as he frequently talces occasion to mention. and descriptions found in the Attic writers.  Aris(In Catil. iii. 6, 10, in Pis. 3, Phil. ii. 6.)   tophanes directs the keenest edge of his satire
II. A  Supplicatio, a solemn supplication and  against them.   (See particularly Acharn. 818,
humiliation, was also decreed in times of public  Aves, 1410, Plait. 850.)   Demosthenes says:
danger and distress, and on account of prodigies to  7rovcpby  6 ncVKOeadV cTS Kai iETcacvov Kal ql1atTioY
avert the anger of the gods.  (Liv. iii. 7, x. 23, (de Coron. 307; compare c. Eusbul. 1309).  Guicos
xxxi. 9, xxxvii. 3.)                               pavrE7v Trpailcoira uvwas in Lysias (e. Esand. 177,
SURDUS.  [OBLGATIONES, P. 818,a; TES- ed. Steph.) signifies "to extort thirty minas by
TAMENTUMX.]                                       Sycophant-like practices."  (See further Lys. Attu.
SUSPENSU'RA.  [BALNEAE, P. 191,b.]              KaraA. AvroA. 171  Aesch. de Fals. Leg. 36, ed.




1080               SYLAE.                                       SYMBOLAEON.
Steph.; Dem. de Cor. 291; Xenoph. M1enm. ii. 9. against Athenians."  The people of Athens passed
~ 4, de Rep. Ath. i. 4.)  That the increase of liti- a special decree to authorise privateering; and
gation and perjury was in some measure owing to  when any booty was taken by Athenian subjects,
the establishment of clubs and political associations they reserved to themselves the right of determinand the violence of party spirit, may be gathered  ing whether it was lawfully taken, whether it
from various passages of the Attic writers. (Thu- ought to be kept or restored, and what should be
cyd. viii. 54; Demosth. c. Boeot. de dote, 1010, c. done with it. (Demosth. c. Timocr. 703; Argum.
Pantaen. 978, c. Zenot/h. 885.)                  694, 695.) The ancient practice may be compared
The Athenian law did indeed provide a remedy  with the modern one of granting letters of marque
against this mischievous class of men.  There was and reprisal. (Harpocr. s.. v hvas: Schdmann, de
a?ypap  ovvoq0paTrieas tried before the Thesmothe- Conzit. p. 284, Ant. Jur. Pub. Gr. p. 367.) [C.R.K.]
tae.  Any person who brought a false charge    SYLLOGEIS (owAXoyeiYs), usually called  vuAagainst another, or extorted money by threat of Xoyse-s TroD a/ov, or the Collectors of the People,
legal proceedings, or suborned false witnesses, or were special commissioners atAthens, who made out
engaged in a conspiracy to ruin the character of an  a list of the property of the oligarcbs previously to
innocent man, was liable to this ypatqO. He might its confiscation. (Leax Rlct. p. 304, Bekker.) They
also. be proceeded  against by (paULs, 66'eaLSos, formed an &PX/ (Harpocr. s. v.  vAXXo'7y), and
a7raoywyi, srpoeoXA  or EsiraayyeXa.  (See articles seem to have been introduced after the donminion of
PmHASIS, &c.; Aesch. de Fals. Leg. 47, ed. Steph.; the Thirty Tyrants.  It appears from an inscripIDem. c. Theocr. 1325.)  The trial was an &ayui, tion that the Syllogeis had to attend to the sacred
~-rrLTrdts.  The heaviest punishment might be in- rites connected with the worship of Athena and the
flicted, together with &-rLuia and confiscation of Olympian Zeus, whence Bbckh conjectures that
property.  Besides this, if any man brought a cri- they collected or summoned the citizens to certain
minal charge against another, and neglected to  sacred rites, in which the people were feasted, and
prosecute it (&7reSeXOEiy), he was liable to a pe- that from  this circumstance they derived their
nalty of 1000 drachmas, and lost the privilege of name: the property of the oligarchs, of which they
instituting a similar proceeding in future, which  are said to have made out a list for the purpose of
was considered to be a species of &r,/pia. (Dem. confiscation, may have been applied to these public
c. Mid. 548, c. T/teocr. 1323.)  The same conse- banquets, since confiscated property was not unfirequence followed, if he failed to obtain a fifth part quently divided airiong the citizens. (Corpus Instr.
of the votes at the trial.  The'7rwogeAfa in civil Graec. No. 99. pp. 137, 138, No. 157. p. 250.)
actions was a penalty of the same kind and having    SY/MBOLA. [COENA, p. 304, b; DICAS'ES.]
the same object: viz., to prevent the abuse of   SYMBOLAEON, SYNALLAGMA, SYNlegal process, and check frivolous and unjust ac- THE'CE (vluo xeaior,, ovvacAAa'yla, orvO/tr), are
tions.  Such were the remedies provided by law, all words used to signify a contract, but are disbut they were found inefficacious in practice; and  tinguishable from  one another.  Yv/u/LGAaoov  is
the words of Aristophanes (Plutus, 885) were not used of contracts and bargains between private
more severe than true: "there is no charm against persons, and peculiarly of loans of money.  Thus,
the bite of a Sycophantes."  (See Platner, Proc. orvGaXEV EL, es ar3p&7roaov, is, to lend upon the
und Klag. vol. ii. p. 164; Meier, Att. Proc. p. 335; security of a slave. (Demosth. c. Aphob. 822, c.
Schlimann, Ant. Jut2. pub. G6r. pp. 101, 185; Pol- Zenot/. 884, c. Plhom. 907, c. Timoth. 1185, c.
lux, viii. 31, 46, 47, 88.)        [C. R. K.]    Dionys. 1284.):vvuAXayua,   signifies any matter
SYLAE  (vOhXaL).  When a Greek state, or negotiated or transacted between two or more perany of its members, had received an injury or sons, whether a contract or anything else.  (Deinsult from some other state or some of its mem- mosth. c. Onet. 867, 869, c. Timnocr. 760.),vvbers, and the former was unwilling, or not in a  071K77 is used of more solemn and important concondition, to declare open war, it was not unusual tracts, not only of those made between private
to give a commission, or grant public authority to  individuals, but also of treaties and conventions
individuals to make reprisals.  This was called  between kings and states. (Thucyd. i. 40, v. 18,
SAXas, or oara, b'Sdvae. (Demosth. c. Lacsit. 931; viii. 37; Xenoph. Hell. vii. 1. ~ 2; Demosth. de
Lysias, c. Nicome. 185, ed. Steph.)  Polybius (iv. Rl/od. 199. de Coron. 251, c. Aristog. 774; Di26, 36, 53) calls it AXdpvpov or HlJOLa tarayyAX- narch. c. Denzosth. 101, ed. Steph.)
AEu'.  Thus, when the Lacedaemonians thought    As to the necessity or advantage of having
the Athenians had broken the treaty with them  written agreements between individuals, see SYNby making incursions from  Pylus, they issued a  GRAPHE.  National compacts, on account of their
proclamation that any of their subjects might great importance, and the impossibility of othercommit depredations on the Athenians (X4LCr'-Oam  wise preserving evidence of them, were almost
roes'AOniva'ovT, Thucyd. v. 115).  Demosthenes always committed to writing, and commonly in(de Coron. Trierarch. 1232) declares that the  scribed on pillars or tablets of some durable matedeputy captains of triremes so misbehaved them- rial.  (Thucyd. v. 23, 47; see Aristoph. Aclzarn.
selves in foreign countries, plundering everybody  727.)  Upon a breach, or on the expiration, of
they came near, that no Athenian could travel safely  the treaty, the pillars were taken down. (Demosth.
&'7a's ivrb  o'muCrO &avpohsltfar cal om'Xlas carTE — pro Mllegalopol. 209.)
IKCvaonl/Eas, where a&SponAitias refers to the arrest    For breaches of contract actions were maintainof the person, oiAas to the seizure of goods. able at Athens, called ~-v/gonXalcov (or o-vvmOlcKv)
Snidas explains or-Xat by the synonym  vhhAX-/4Ees.  reapaCdoEwos itKal.  (Pollux, vi. 153, viii. 31.)
As to sav8poXrqkiaL for another purpose, see PHONOS. Such actions, it is apprehended, applied only to exIn the m'avtUc  ovuyypaqpj in the speech of Demos- press contracts, not to obligations ex delicto, or the
thenes (c. Lacr. 927), one of the conditions is that d&coenia uvahXd-yaeca of Aristotle. (Etlhic. Nicom.
goods may be landed only 07rov a&v /ux  oAai  otvo   v. 4.)  Thus, if I had promised to pay a sum of'AOmnvalois, "where no hostilities are exercised  money by a certain day, and failed to perform that




SYMIBOLON.                                       SYMBOLON.                  1081
promise, an action for breach of contract would  such disputes could be decided by legal process,
have lain at Athens.  But if my cow had broken  either in the one country or the other.  Among
my neighbour's fence, my obligation to repair the  every people, however, the laws were so framed,
damage would have given rise not to an action for as to render the administration of justice more
breach of contract, but to a  t'K sjAaGCXd~s. (Meier, favourable to a citizen than to a foreigner; and
Att. Prioc. pp. 476, 477.)  On the other hand, a therefore it would be disadvantageous, and often
aibC-  Xdacr~s would lie against a person who had  dangerous, to sue a man, or be sued by him, in his
committed a breach of contract; for he was re- own country.  The most friendly relation might
garded as a wrongdoer, and liable to pay compen- subsist between two states, such as UavJutaXia or
sation to the party injured.  Therefore Dionyso- EirLyapla, and yet the natives of each be exposed
dorus, who had failed to perform the conditions of to this disadvantage in their mutual intercourse.
a,au-TLKc  ouvyypa)71, had a aiK-c jhAdfi~s brought To obviate such an evil, it was necessaryto have a
against him  by the persons who lent him money  special agreement, declaring the conditions upon
on his ship. (Demosth. 1282; see also 1r'o Plsornm. which justice was to be reciprocally administered.
950, c. C(llipp. 1240.)  The Athenian law fre- International contracts of this kind were called
quently gave an option between various forms of o'6.eoAa, defined by Suidas thus, ovuvOilcaL &s  v,
action.  It is not, however, improbable that the  &XkAXkaes al 7rdXeLs  eesaV TrdTTCwert T'os 7roXTraLs,
tbc-e o'vvOfltcKv 7rapaea~f swe  was only one species doTs7E a8s5al Kial c a1dcvev,  T'& 3icKata: and the
of the iK-q 6AX.d's, and the name one of a less causes tried in pursuance of such contracts were
technical kind.  Wherever a debt had become called aia rat arb o'viysAcs.  The more constant
due to a man by reason of some previous contract, and more important the intercourse between any
we may suppose that he had the option between  two nations, the more necessary would it be fbr
an action of debt (Xpeovs) and one for breach of them to establish a good system of international
contract.  The same observation will apply to the jurisprudence.  Commercial people would stand in
8at c   rapaKaTa6r7nWJs, &pyupiov, and others of a need of it the most. Aristotle mentions the Tussimilar kind.  The main point of difference might cans and Carthaginians as having OrvSeoxa wrepi
be this: that in a general action for breach of con-'rso uE1  &a'eUsV. (Polit. iii. 1, 3, and 5, 10.)  No
tract, the plaintiff went for unliquidated damages, such agreement has been preserved to us, and we
which the court had to assess; whereas, upon a know but little about the terms that were usually
claim to recover a debt or sum certain, or a specific prescribed.  The basis of them seems to have been
chattel, the court had nothing more to do than to  the principle that actowr seqiuitur forum  rei; but
determine whether the plaintiff was entitled to it this, as well as other conditions, must have varied
or not; the &?la  was &Trir'TOS. All such actions according to circumstances. Liberty of person, and
were tried before the ~eoosodeTat.  (Meier, Alt. protection of property, would, no doubt, be secured
Proc. pp. 67, 184, 493-497, 510.)                to the foreigner, as far as possible; and it would'OooAoeyfa appears to be a word of less technical be the duty of the wrpdS'evos to see that these rights
nature than ovYv4ipc, though (as we might expect were respected.  A common provision was, that
in words of this sort) they are often used indiffer- the party who lost his cause might appeal to the
ently.  Grammarians make them  synonymous. tribunal of the other country, or to that of some
(Harpocr. s. v.'Auavs0esc'areor: Suidas, s. v. 2vv- third state mutually agreed upon.  (Etym. Magn.
ri jscr.)  vuOeeas  rotemse.at or'riOeNoOaL terC' u'e,os s. v.'"Eatlctc7os 7rIAls.)  This was perhaps sugis, to make an agreement with any one; es'yeLerV  gested by the practice which had grown up, of re.
TaLs eiV0'tC0aLs, to abide by it; vrrepea',vesv or ferring national quarrels to the arbitration of some
wrapaaLevEmI, to break or transgress. Here we may  individual or third state. (Thucyd. i. 34, 78, 140,
observe, that o-v'O'i~cat is constantly used in the  v. 41, vii. 1 8; Schbmann, Ant. Jus. put. Gr. p.
plural, instead of ouv0rOcqs, the only difference 367.)
being, that strictly the former signifies the terms    When the Athenians made any such treaty,
or articles of agreement, in the same manner as they required it to be approved of and finally rati&taOeiKal, the testanzentary dispositions, is put for fled by a jury of the Heliaea, under the direction of
3taOKsc7, tIle will.  u6/eCoXov also signifies a com- the Thesmothetae.  Hence Pollux (viii. 88) says
pact or agreement, but had become (in Attic par- of those magistrates,'& aOmgoea T& irpbs T&s
lance) obsolete in this sense, except in the expres-  rd6Aers ivpoeuev.  The other contracting state was
sion 3alenaL &rb arvlCAC6,ov. (See below.) [C.R.K.] therefore compelled to send an envoy to Athens,
SYMBOLON, DIKAE APO  (aiKal a&rb ovuy. with power to conclude the treaty (if he thought
dXhwy).  The ancient Greek states had no well fit) as' it was drawn up and settled by the Thesmnodefined international law for the protection of their thetae and jurors.  Most of the people with whom
respective members.  In the earlier times troops the Athenians had to deal, were either subject or
of robbers used to roam about from one country to  inferior to them, and were content to acquiesce in
another, and commit aggressions upon individuals, the above regulation.  Philip, however, would not
who in their turn made reprisals, and took the law  submit to it, and demanded that the terms should
into their own hands.  Even when the state took  receive final ratification in Macedonia. This deulpon itself to resent the injury done to its members, mand is made the subject of complaint by Demosa violent remedy was resorted to, such as the  thenes (de Halon. 78).
giving authority to take o-hAa, or p laea, a sort of   The name of  Ka a esb ravjuoXwv was given also
national distress.  As the Greeks advanced in  to the causes which the allies of the Athenians
civilization, and a' closer intercourse sprang up  sent to be tried at Athens. (Pollux, viii. 63.) This
among them, disputes between the natives of dif- fact has been called in question by Biickh, but
ferent countries were settled (whenever it was there is not much reason for doubting it.  It is
possible) by friendly negotiation.  It soon began  true that the expression is not strictly applicable
to be evident, that it would be much better, if, in- to causes, not between anAthenian and a foreigner,
stead of any interference on the part of the state, but between two foreigners; and it may be allowed




] 082          SYMPOSI U M.                                     SY MPOSI UM.
that the object of the Athenians in bringing such  Plato, that even the Athenians frequently concauses to Athens was, not to give the allies a  cluded their drinking-parties in rather a riotous
better or speedier means of obtaining justice, but manner, and it was to guard against this that such
to secure certain advantages to the imperial city. parties were forbidden at Sparta and in Crete.
(Xenoph. de Republ. Ath. i. 16.)  It is, however, (Plat. iVin. p. 320, a.)
not improbable that the arrangement was called    The wine was almost invariably mixed with
orz'uoAxa, for the very purpose of softening the  water, and to drink it unmixed (6icpaTrov) was conharshness of the measure, by giving an honourable  sidered a characteristic of barbarians.  (Plat. Leg.
name to that which in reality was a mark of servi- i. p. 637, e.)  Zaleucus is said to have enacted a
tude.  For the same reason the confederate states law among the Locrians, by which any one who
were called eao-utaXol, allies, while in point of fact was ill and drank of unmixed wine without the
they were rather virKooL or subjects.            command of his physician, was to be put to death
These causes were tried in the summer months, (Aelian, V. H. ii. 37); and the Greeks in generali
when the voyage to Athens was more convenient, considered unmixed wine as exceedingly prejudicial
and (like all other aicKa  &rb cavpGos'Awv) belonged  to physical and mental health. (Athen. ii. p. 36,
to the jurisdiction of the Thesmothetae.  We have  b.)  The Spartans attributed the insanity of Cleobut one example of such a cause preserved to us, menes to his indulging in this practice, which he
viz. the speech of Antiphon on the death of learnt from the Scythians.  (Herod. vi. 84.)  So
Herodes, where both the prosecutor and the de- universal was it not to drink wine unless mixed
fendant are natives of Mytilene.  (Harpoc. s. v. with water, that the word ob'os is always applied
U/c:goAa: Thucyd. i. 77. c. not. Goeller; Platner, to such a mixture, and whenever wine is spoken
Proc. und Klay. vol. i. pp. 105-114; Meier, Att. of in connection with drinking, we are always to
Proc. pp. 67, 773; Schimann, Ant. jut. putbl. understand wine mixed with water, unless the
Gr. p. 376.)                       [C. K.]    word &Kparos is expressly added  (bo  Kpa/ta,
SYMBUILI (cd RouXou).  [PAREDRr.]             icatrot vraTros ueteTXOY  wrXeLOiOS, OOa ucaXoiUeY,
SYMMO'RIA   (oeu/wtopia).   [EISPHORA.; Plut. Coju7zg. Praec. 20).
TIRIERARCHIA.]                                     The proportion, in which the wine and water
SY'MPHOREIS (uvtpIopess).  [EXERCITUS, were mixed, naturally differed on different occap. 485, b.]                                      sions.  To make a mixture of even half wine and
SYMPO'SIUM  (vpu7roduov, cosmissatio, convi- half water ('-ov i'oli) was considered injurious
viumz), a drinking-party.  The o-qusrdtrLo, or the  (Athen. 1. c.), and generally there was a much
7r&ro0, must be distinguished from the  egrso, for greater quantity of water than of wine. It appears
though drinking almost always followed a dinner- from Plutarch (Syinp. iii. 9), Athenaens (x. p. 426),
party, yet the former was regarded as entirely dis.. and Eustathius (nd Od. ix. 209. p. ]624), that the
tinct from the latter, was regulated by different most common proportions were 3: 1, or 2: 1, or
customs, and frequently received the addition of 3: 2.  Hesiod (Op. 596) recommends the first of
many guests, who were not present at the dinner. these.
For the Greeks did not usually drink at their    The wine was mixed either with warm or cold
dinner, and it was not till the conclusion of the  water: the former, which corresponded to the Calida
meal, that wine was introduced, as is explained  or Calda of the Romans [CALIDA], was by far the
under COENA [p. 306, a].  Thus we read in the  less common. On the contrary, it was endeavoured
Symposium  of Plato (p. 176, a.) that after the  to obtain the water as cool as possible, and for this
dinner had been finished, the libations made, and  purpose both snow and ice were frequently emthe paean sung, they turned to drinking (PE — ployed.  [PSYCTER.]  Honey was sometimes put
~rerOads 7rpbs'-bcr,ohTO).                    in the wine (Athen. i. p. 32, a.), and also spices.
Symposia seem to have been very frequent at (Id. p. 31, e.): in the latter case it received the
Athens.   Their enjoyment was heightened by  name of -ppieua, and is frequently mentioned by
agreeable conversation, by the introduction of music  the writers of the New Coniedy. (Pollux, vi. 18.)
and dancing, and by games and amusements of Other ingredients were also occasionally added.
various kinds: sometimes, too, philosophical sub-    The mixture was made in a large vessel called
jects were discussed at them.  The  Symposia  the cparT7p [CRATER], from  which it was conof Plato and Xenophon give us a lively idea of veyed into the drinking-cups bymeans of oitoXoda
such entertainments at Athens.  The name itself or ucvauo0.  [CYATHUS.]  The cups usually eamshows, that the enjoyment of drinking was the  ployed were the icvAxtm, (&X7, c pXi-siovx,  and
main object of the Symposia: wine from the juice  KcdYapos, of which an account is given in separate
of the grape (o'ios  aiure'Aitos) was the only drink  articles.  The Ptvrdo, or drinking-horn, was also
partaken of by the Greeks, with the exception of very commonly used.  We find several craters on
water.  For palm-wine and beer [CEREVISIA], vases representing drinking scenes.  (See for exthough known to many of the Greeks from inter- ample allzus. Borbonz. vol. v. t. 51.)
course with foreign nations, were never introduced    The guests at a Symposium reclined on couches
among them; and the extraordinary cheapness of and were crowned with garlands of flowers, as is
-wine at Athens [VINUM] enabled persons even in  explained under COENA.  A master of the revels
moderate circumstances to give drinking-parties to  (S6pXo;r si 7srmOeasS, -vsmU7ro-iapXos or/ a-TmAevs) was
their friends.  Even in the most ancient times usually chosen to conduct thd Symposium (sraSao'ythe enjoyment of wine was considered one of the  yseI', s-v7ro'-ov,, Plat. Leg. i. p. 641, a. b.), whose
greatest sources of pleasure, and hence Musaeus  commands the whole company had to obey, and
and his son supposed that the just passed their who regulated the whole order of the entertaintime in Hades in a state of perpetual intoxication, ment, proposed the amusements, &c.  The same
as a reward of their virtue (y?77a-dteEoV  KaedAXulrTOY  practice prevailed among the Romans, and their
speTris t0s-Obi' Ye'OqcV aihc6moc, Plat. Leg. ii. p. 363, Symposiarch was called the Megayister or Rex Conc. d.).  It would appear from the Symposium  of vivii, or the Ar-bites  Bibendi.  The choice was




SY MPOSIUM.                                      SYMPOSIUM.                 1083
generally determined by the throwing of Astragali but this says nothing against the general practice,
or Tali; but we find in Plato (Syriup. p. 213, e.) and Xenophon in his Symposium  represents SoAlcibiades constituting himself Symposiarch. The  crates mightily pleased with the mimetic dancing
proportion in which the wine and water were  and other feats performed on that occasion.  The
mixed was fixed by him, and also how much each  female dancers and the players on the flute and
of the company was to drink.  The servants the  cithara were frequently introduced at the
(oliox0ot and olv'jpol aepCTror'es), usually young  Symposia of young men for another purpose, and
slaves, who had to mix the wine and present it to  were oftentimes actually Eiaipat  [HETAERAE],
the company, were also under his orders; but if as we see clearly represented on many ancient vases.
there was no Symposiarch, the company called for (See for example Mals. Borbon. vol. v. t. 51.) Rethe wine just as they pleased. (Xen. Syisrp. ii. 27.) specting the different kinds of dances performed at
Befire the drinking commenced, it was agreed  Symposia, see SALTATIO.
upoll in what way they should drink (Plat. Sysmp.    Representations of Symposia are very common
p. 176, a. b.), for it was not usually left to the  on ancient vases.  Two guests usually reclined on
option of each of the company to drink as much or each couch (KAis7), as is explained on p. 305, and
as little as he pleased, but he was compelled to  illustrated by the following cut from one of Sir WV.
take whatever the Symposiarcih might order.  At Hamilton's vases, where the couch on the right
Athens they usually began drinking out of small hand contains two persons, and that on the left is
cups (tErpta lrorlpia, Athen. x. p. 431, e.), but as represented with only one, which does not appear
the entertainment went on, larger ones were intro- to have been the usual practice.  The guests wear
duced. (Diog. Laert. i. 104.)  In the Symposium  garlands of flowers, and the two who are reclining
of Plato (pp. 213, 214) Alcibiades and Sociates  on the same couch hold a qpLdXr7 each in the right
each empty an immense cup, containing eight co- hand.
tylae, or nearly four English pints; and frequently
such cups were emptied at one draught (&arverrloT
or aX/vr2 7risveln, aiccVOeTiCs, Athen. x. p. 431, b.; 
Lucian, Levipth. 8; Suidas, s. v.'Aus-ri)..
The cups were always carried round from right'/' I'
to left (erl ao5cd), and the same order was ob-                  X 
served in the conversation and in everything that'
took place in the entertainment (En ar   ciLe,,             ),,l.l,ial fVEII
Plat. Rep. iv. p. 420, e., de' l &E5iicoXyoe  EtrrEZY, _;'                           / H
Sycnp. p.214,b.; Athen. xi.p. 463, e.).  The com-     
pany frequently drank to the health of one another
(7rporaneive  splXo-raiLas, Lucian, Gall. 12; Athen.
xi. p. 498, d.), and each did it especially to the one
to whom he handed the same cup. This seems to
have been the custoim, which Cicero alludes to,
when he speaks of "drinking after the Greek    Sometimes there were four or five persons on
fashion."  (Graeco wore bibere, yVerr. i. 26; con- one couch, as in the following woodcut, taken
pare Tisc. i. 40, Giraeci ils coeanviis solcnt nomi- from  Millin (Peintizres de Vases Antiques, vol. ii.
Ware, cui poculnum traditzrci sunt.)             pl. 58). Three young and two older men are re.
Music and dancing were usually introduced, as dining on a couch (IcRivir), with their left arms
already stated, at Symposia, and we find few re- resting on striped pillows (7rpooescpdXAa  or 67raypresentations of such scenes in ancient vases with- uICcIla). Before the couch are two tables. Three,out the presence of female players on the flute and  of the men are holding a calix or tcxtL suspended
the cithara.  Plato, indeed, decidedly objects to  by one of the handles to the fore-finger, the fourth
their presence, and maintains that it is only men  holds a  LpdX?7, and the fifth a QpldCX- in one hand
incapable of amusing themselves by rational con- and a pivrnd  in the other.  [CALIX; PHIALA;
versation, that have recourse to such means of en- RIHYTON.]  In the middle Comos is beating the
joyment (Protag. p. 347, c. d., SyIIp. p. 176, e.); tympanum.
~71
ch    L
j  o~~~~~~~ljG ~ ~~~~i(i




1084            SYNDICUS.                                        SYNEGORUS.
Respecting tlhe games and amusements by which  in execution on behalf of the state; or when the
the Symposia were enlivened, it is unnecessary to  goods of a convict having been confiscated, a claim
say much here, as most of them are described in  was made by a mortgagee, or other creditor having
separate articles in this work.  Enigmas or riddles  a lien thereupon, to have his debt satisfied out of
(aiyt'yfiara or yp7mpoL) were among the most usual the proceeds. Such a claim was called evsErlerKmlta,
and favourite modes of diversion.  [AENIGMA.]  and to prosecute it E'VErTLc4/1aoO0at. (Harpoc. and
The Cottabos was also another favourite game at Suidas, s. v.) On this subject the reader is referred
Symposia, and was played at in various ways. tq the speeches of Lysias de Publ. Pecun., de Nic.
[COTTABOS.] Theothergames atSymposia, which  Fratr. Pecun., de Aristoph. Pecun., and more esperequiremention, are, the atr-paXya catus and Kurca, cially pp. 149, 151, 154, ed. Steph.  The first apexplained under TALI and TESSERAE, the 2re'rTsei,   pointment of these judicial 0'IYtmICOt took place after
spoken of under LATRUNCULI, and the XaXK1meudS. the expulsion of the thirty tyrants; and olie of their
The latter consisted in turning round a piece of duties appears to have been to receive informations
money placed upright on its edges, and causing  from the puXAapXot against those persons who blad
it suddenly to stop while moving by placing a  served in the cavalry during the interregnum, and
finger on its top.  (Pollux, ix. 118; Eustath. ad  who by a special decree of the people were ordered
11. xiv. 291, p. 986.)                           to restore to the treasury all the pay  lhiich they
A drinking-party among the Romans was some- had received for that service.  (Lysias, 2pr o MA(lntimes called Convivizim, but the word Conissatio  tith. 146, ed. Steph.)  See SYNEGORUS; IHarpo.
more nearly corresponds to the Greek avUtnrmeLov. s..   iVs'uoI: Meier, Att. Proc. p. 110o  Sch[CoMlssATIO.]  The Romans, however, usually  mann, de Comit. p. 316.               [C. R. K.]
drank during their dinner (coena), which they fre-    SYNEDRI (v6emE5poe), a name given to the
quently prolonged during many hours in the later members of any council, or any body of men who
times of the republic and under the empire. Their  sat together to consult or deliberate. The congress
customs connected with drinking differed little  of Greeksat Salamis is called avvE'8pLov.  (Herod.
fromn those of the Greeks, and have been incident-  viii. 75, 79.)  Frequent reference is made to the
ally noticed above.                              general assembly of the Greeks, rib irovbw  rCov
The preceding account has been mainly com-'EAA?1v'oew  evviplov, at Corinth, Thermopvlae, or
posed from Becker's Charikles (vol. i. p. 451, &c.)  elsewhere.  (Aesch. c. CYesiplh. 62, ed. Steph.;
and Gallus (vol. ii. p. 235, &c.), where the sub-  Demosth. nepl TSv' rphs'AXAE'avpov,215.) When
ject is treated at length.                       the new alliance of the Athenians was formed after
SYNALLAGMA   (ovv'dXXayjua).  [SYMBno-  B. c. 377, upon fairer and more equitable principles
LAEoN.]                                          than the former, the several states who were inSY/NDICUS (oStirLcoT), an advocate, is fre- eluded therein were expressly declared to be indcquently used as synonymous with the word ovvmh- pendent, and a congress was held at Athens. to
yopos, to denote any one who pleads the cause of which each of the allied states sent representatives.
another, whether in a court of justice or elsewhere. The congress was called  vv'splsovm, and the depuuv'aVicev also is used indifferently with euvryopeY, ties e5vyeSpoL, and the sunms furnished by the allies
or o'va/ywviEOOgal.  (Andoc. de Myst. 19,  ed. iavnm-dets, in order to avoid the old and hateful
Steph.; Demosth. c. Aristocr. 689, c. Zenoth. 885, name of pdopos or tribute. (Harpocrat. s. v.; Plut.Sol.
c. Steph. 1127.)  Thus, the five public advocates, 15.)  Many allusions to this new league are made
who were appointed to defend the ancient laws  by the orators, especially Isocrates, who strongly
before the Court of Heliasts, when an amendment urges his countrymen to adhere to the principle on
or a new law in abrogation thereof was proposed, which the league was formed, and renounce all
are called both  ivLercom and  uvvm-yopot. As to  attempt to re-establish their old supremacy.  (De
them, see NO.MOTHETES  and also Schimann, de  Pace, 165, ed. Steph.) Perhaps the Ov'sYepo,  menCo1mit. p. 255, Ant. Jur. Publ. Gr. p. 228.  The  tioned in the oath of the AlcarTalf are the Athenian
name of aSuv'icoL seems to have been peculiarly  members of this congress. (Schumann, Att. Plroc.
applied to those orators who were sent by the state  130.)  For further information on the subject of
to plead the cause of their countrymen before a  this confederacy, see Schumann, Ant. Ju2. Publ. G-r.
foreign tribunal.  Aeschines, for example, was ap- p. 434; Biickh, Publ. Econ. of Atlens, p. 418, 2d
pointed to plead before the Amphictyonic council ed.; Thirlwall, Hist. of Greece, vol. v. pp. 42, 203.
on the subject of the Delian temple; but a certain    The name of vvEaplotvo was given at Athens to
discovery having been made not very creditable to  any magisterial or official body, as to the court of
his patriotism, the court of Areiopagus took upon  Areiopagus (Aesch. c. Timzarck. 13; Dinarch. c.
themselves to remove him, and appoint Hyperides  Denzosth. 91, ed. Steph.); or to the place where
in his stead. (Demosth. de Cor-on. 271, 272.)  they transacted business, their board or councilThese extraordinary advocates are not to be con- room. (Isocrat. IIepl'AMy5tdecoos, 318, ed. Steph.;
founded with the Pylagorae, or ordinary Am-  Demosth. c. Tl/eocr. 1324.)            [C. R. K.]
phictyonic deputies. (Schumann, de Comeit. p. 321,    SYNEGO'RICON   (ovv'opryopKd).  [SYNE-..Ant. Ju?. Publ. Gr. p. 257.)  There were other  GORUS.]
rUvt&Ko0, who acted rather as magistrates or judges    SYNE'GORUS  (rvvw/yopos), may be transthan as advocates, though they probably derived  lated an advocate or counsel, though such translatheir name from the circumstance of their being  tion will convey to the English reader a more
appointed to protect the interests of the state. comprehensive  meaning  than the Greek word
These were extraordinary functionaries, created  strictly bears.
from time to time, to exercise a jurisdiction in dis-    According to the ancient practice of the Athenian
putes concerning confiscated property; as when, law, parties to an action were obliged to conduct
for instance, an information was laid against a man  their own causes without assistance: but on the
for having in his possession the goods of a con- increase of litigation the sciences of law and rhetodemned criminal, or which were liable to be seized  ric began to unfold themselves; and men, who had




SYNEGORUS.                                       SYNEGORUS.                 1085
paid no attention to these, were unable to compete an equal interest with his father in preserving the
with more experienced opponents.  To consult a inheritance, and therefore he would be considered
friend before bringing an action, or about the best in the light of a party.  The law which promeans of preparing a defence, were obvious expe- hibited the advocate from taking fees, under peril
dients.  It was but another step to have a speech  of a ypaoPe   before the Thesmothetae (Demosth.
prepared by such friend out of court, to be delivered  c. Step/h. 1137), made no provision (and perhaps it
by the party himself when the cause was brought was impossible to make. an effective provision)
to trial.  A class of persons thus sprang up, some- against an influence of a more pernicious kind, viz.
what in the nature of chamber counsel, who re- that of political association, which induced men-to
ceived money for writing speeches and giving legal support the members of their club or party without
advice to those who consulted them.  Of this class the least regard for the right or justice of the case.
Antiphon was the first who acquired any celebrity. Hence the frequent allusions by the orators to the
Lysias, Isaeus, and Isocrates obtained considerable  Ep'yai'T4pia orvto])a'YT~v, ioX8O7pi, &OGpc67reu, o'vvincomes by speech-writing.  Demosthenes followed  eUo'nT77oCo,, 7rapaecev&s Xhy6Yo, juapr6pwov, UMvothe same profession for some time, until his engage- /o0TCo, all which expressions have reference to that
ments in public business forced him to relinquish  system of confederation at Athens, by which indiit.  (Dein. c. Zenothl. 890.)  These persons were viduals endeavoured to influence and control the
called not -vv?-yopot, but hoyoypapot, a name ap- courts of justice.  (See ERANI; SYCOPHANTES;
plied to Demosthenes reproachfully by his rival, Reiske, Index in Orat. Att. s. v.'Ep-yaorrpLov and
who accuses him also of betraying his clients by  7rapaa-&evt.)  That friends were often requested to
showing the speeches which he had written to the plead, not on account of any incapacity in the
adversary. (Aesch. c. Ctesiph. 78, c. Tincarcch. 13, party, but in order that by their presence they
ed. Steph.)  [LoGOGRAPHI.]  Still, whatever as- might exert an influence on the bench, is evident
sistance the party might have received out of from an attentive perusal of the orators.  In some
court, the law which compelled him to appear in  cases this might be a perfectly legitimate course, as
person at the trial, remained in force; although  where a defendant charged with some serious crime
the prohibition to speak by counsel was so far re- called a man of high reputation to speak in his belaxed, that if the party was labouring under illness, half, and pledge himself thereby that he believed
or through any physical or mental debility was un- the charge was groundless.  With such view Aesable to conduct his own cause without manifest chines, on his trial for misconlduct in the embassy,
disadvantage, he might (by permission of the court) prayed the aid of Eubulus and Phocion, the latter
procure a relation or friend to speak for him. of whom he had previously called as a witness.
Thus, when Miltiades was impeached for treason, (Aesch. de Fals. Leg. 51, 52, ed. Steph.)
and by reason of a gangrene in his hip was unable    On criminal trials the practice with respect to
to plead his own cause, he was brought on a litter advocates was much the same as in civil actions;
into court, and his brother Tisagoras addressed the  only that it seems to have been more common to
people on his behalf.  So, when Isocrates was ill, have several speakers on the part of the prosecuhis son Aphareus spoke for him in the cause about tion; and in causes of importance, wherein the
the aYTrl'oors. And in the speech of Demosthenes state was materially interested, more especially in
against Leochares we see (p. 1081) that the son those which were brought before the court upon an
conducts his father's cause.  As a general rule, the  eZ'acyyeALia, it was usual to appoint public advoparty was expected to address the court himself; cates (called ovr/Myopoi, vmAsLoK, or tcam7yopoL) to
for the judges liked to form an opinion of him  manage the prosecution.  Thus, Pericles was apfrom his voice, look, and demeanour; and therefore pointed, not at his own desire, to assist in the imif a man distrusted his own ability, he would open peachment of Cimon.  (Plut. Pericl. 10.)  Public
the case himself by a short speech, and then ask  prosecutors were chosen by the people to bring to
permission for his friend to come forward.  (De- trial Demosthenes, Aristogiton, and others charged
mosth. c. Phlorn. 922. c. Neaer. 1349_)  This was with having received bribes from Harpalus.  (Diseldom refused; and in the time of the orators the narch. c. Demosthi. 90, 96, ed. Steph.) In ordinary
practice was so well established, that the principal cases however the accuser or prosecutor (car77-yopos)
speeches in the cause were not unfrequently made was a distinct personl from the aurvyopos, who actby the advocate.  The defences by Demosthenes ed only as auxiliary to him.  It might be, indeed,
of Ctesiphon against Aeschines, and of Phanus that the omvvyopos performed the most important
against Aphobus, may be cited as examples.  In  part at the trial, as Anytus and Lycon are said to
both of these it will be seen that Demosthenes have done on the trial of Socrates, wherein Melitins
was as much interested as the defendants them- was prosecutor; or it might be that he performed
selves; and it is further to be observed, that the a subordinate part, making only a short speech in
advocate was looked upon with more favour on this support of the prosecution, like those of Lysias
very account; for as no fees were allowed to be against Epicrates, Ergocles, and Philocrates, which
taken, a speaker was regarded with suspicion who  are called E7r1'Xooi.  But however this might be;
had no apparent motive for undertaking the cause he was in point of law an auxiliary only, and was
of another person.  Hence we find in most of the neither entitled to a share of the reward (if any)
avv'ryoptcoi A&yot, that the speaker avows what given by the law to a successful accuser, nor liable,
his motives are; as for instance, that he is con- on the other hand, to a penalty of a thousand
nected by blood or friendship with the one party, drachms, or the  rmTdia consequent upon a failure
or at enmity with the other, or that he has a stake  to get a fifth part of the votes. Here we must disin the matter at issue between them.  (See the  tinguish between an advocate and a joint prosecuopening of the speeches of Isaeus, de Nicost. her. tor.  The latter stood precisely in the same situaand de Philoct. her.; Isocrates c. Etzthyn. and De- tion as his colleague, just as a co-plaintiff in a civil
mosthenes e. Androt.)  In the cause against Leo- action.  The names of both would appear in the
chares above cited it is evident that the son had  bill (?yKAflXu a), both would attend the iavadcpmts




1083            SYYNEGORUS.                                         SY NGRAPHE.
and would in -short have the same rights -anld liabi-  Aristotle (Polit. vi. 3) says the authorities to wliom
lities; the elder of the two only having priority in  magistrates rendered their accounts were called in
certain matters of form,. such as the rpw-0roXoyea.  some of the Greek states eiivvor, in others AoytiTral,
(Arguum. Or. Demn. c. Androt. 592.)  In the pro-  in others ruv~'yopoL or e'sTrearal, and the author
ceeding against the law of Leptines there were two  of the Lexicon Rhetoricum, published by Bekker
prosecutors, Aphepsion and Ctesippus the son of  (Alncd. i. 301), says that the Synegori were
Chabrias; each addressed  the court, Aphepsion  6pxoeVr7S KX77PWTOl ol E~o6OUv,'ro7s AoytaUaTCe
first, as being the elder; each had his advocate, 7rpbrT s&S ebOVvas. But what sort of assistance did
the one Phorniio, the other Demosthenes, who tells  they render?  Is it not probable that they perus in the exordium  that he had undertaken to  formed the duty which their name imports, viz.,speak, partly from a conviction of the impolicy of that of prosecuting such magistrates as, in the opithe law, and partly to oblige the son of Chabrias, nion of the Logistae, had rendered an unsatisfactory
who would have been deprived of certain privileges  account?   Any individual, indeed, might prefer
inherited from his father, if the law had taken ef-  charges against a magistrate when the time for
fect.  (See Argum. 453.)                        -  rendering his account had arrived; but the proseThere seems to have been no law which limited  cution by a avvouyopos would be an ex oficio
the number of persons who nsight appear as advo-  proceeding, such as the Logistae were bound to
cates, either in public or private causes.  There  institute, if they had any reason to suspect the
was however this practical limitation, that as the  accounting party of malversation or misconduct.
time allowed for speaking to either party was mea-  If this conjecture be well-founded, it is not unreasured by the clepsydra, if either chose to en-  sonable to suppose that these ten UovviyopoL were
ploy a friend to speak for him, he subtracted so  no other than the public advocates who were emmuch from  the length of his own speech as he  ployed to conduct state prosecutions of a different
meant to leave for that of his friend, and the whole  kind.  They might be appointed annually, either
time allowed was precisely the same, whatever the  by lot or by election (according to Harpocration,
number of persons who spoke on one side.  Both  s. v. 2vvrjyopos).  Their duties would be only
parties were usually allowed to make two speeches, occasional, and they would receive a drachm. as
the plaintiff beginning, the defendant following, their fee whenever they were employed.  BMckh's
then the plaintiff replying, and lastly the defendant  conjecture, that they received a drachm a day for
again.  These are often called Xdoyoi 7rporepot and  every day of business, is without much foundavilrepoe respectively, but are not to be confounded  tion.                             [C. R. K.]
with the arvvqyoplat or 6EvrepoXoyiai, which might,    SYNGENEIA (ovyyelta).  [HERES, p. 595,
and usually did, imnlediately follow the speech of b.]
the party in whose favour they were made, though      SYNGRAPHE (/vyypao7p), signifies a written
as a matter of arrangement it might be convenient  contract; whereas ouvvOjr6lc and eov/ds'Aatov do not
sometimes to reserve the speech of the advocate for  necessarily import that the contract is in writing;
the reply, in which case the wmvv'yopucbs Aodyos and  and  JcoXAoyila is, strictly speaking, a verbal agreethe'-r-repos Adyos would be the same. (Schbmann,  ment.  Pollux  explains the word, rrv'Oi n 7Alt. Proc. pp. 707-712, 715; Platner, Proc. und  ypaepos, uoyjoXoRya fyypacpos (viii. 140).
Klagf. vol. i. p. 91.)                                At Athens important contracts were usually reWith respect to the custom of producing friends  duced to writing; such as leases (tlo0oeOsmS), loans
to speak in mitigation of damages or punishment,  of money, and all executory agreements, where cersee TIaEr A.  As to the public advocates ap. train conditions were to be performed.  The rent,
pointed to defend the old laws before the Court of the rate of interest, with other conditions, and also
Heliasts, see SYNDICUS, NOMlOTHETES.               the penalties for breach of contract ( ErrrlL,ua  Ea- EK
The fee of a drachm (T' ouvvryopucd'V) mentioned  Trs rvyypaeips) were particularly mentioned. The
by Aristophanes ( espae, 691) was probably the  names of the witnesses and the sureties (if any)
sumn paid to the public advocate whenever he was  were specified.  The whole was contained in a
employed on behalf of the state.   It has been  little tablet of wax or wood (flth.io'or'ypau/uarev7om',
shown clearly by Schomann, that Petit was wrong  sometimes double, SrPirvxov ), which was sealed,
in supposing that the orators or statesmen who  and deposited with some third person, mutually
spoke in the assembly are called aovv',opot. They  agreed on between the parties.  (Isocrat. Trapez.
are always distinguished by the title of p)ropEs or  362, ed. Steph.; Demos. c. Apat. 903, 904, c.
8y]-yyopot, or if they possessed much influence with  Dionysod. 1283.)  An example of a contract on a
the people, &r7taycv-yot: and it is not to be sup-  bottomry loan (vaurl7Km   ovuyTpaCP7) will be found
posed that they constituted  a distinct class of in Demosth. c. Lacrit. 926, where the terms are
persons, inasmuch as any Athenian citizen was at  carefully drawn up, and there is a declaration at
liberty to address the assembly when he pleased; the end, IKvpLrTepo'V d. irep} TOVTn &AT b XaAo /7d
though, as it was found ill practice that the posses-  evam 7i's - uyypaq7ys,  " which agreement shall be
sion of the Ol~/a was confined to a few persons who  valid, anything to the contrary notwithstanding."
were best fitted for it by their talent and experi-    Anything might form  the subject of a written
ence, such persons acquired the title of iGrtopes, &c.  contract -  a release (~&peirs), a settlement of dis(De Comsit. pp. 107-109, 210.)  There appears  putes (3idAvrIs), the giving up of a slave to be exhowever to have been (at least at one period) a  amined by torture, or any other accepted challenge
regular appointment of avv'-yopot, ten in number,  (7rpoAXrlo's); in short, any matter wherein the
with whom  the Scholiast on Aristophanes (I. c.)  contracting parties thought it safer to have docuconfounded the PiTropes   or orators.  For what pur-  mentary evidence of the terms.'EKcdmdmvaet depose such ten awv-tyopoi were appointed, is a matter  8piarTa Kard T-uyypaebj is, to give an order for:about which we have no certain information. Solme  the makling of a statue of certainl dimensions, of a
think they were officers connected with the board  certain fashion, at a certain price, &c., as specified
of Scrutators who audited magistrates' accounts.  in the agreement.  (Demosth. dle Co. 268.)  No




SYNOIKIA.                                         SYNTHESIS.                  1087'
particular form of words was necessary to nlake the   therefore could not purchase houses of their own.
instrument valid in point of law, the sole object (Demosth. p'o P/hormz. 946.)  As they, with their
being to furnish good evidence of the parties' in- families, formed a population of about 45,000, the
tention.  The agreement itself was valid without number of evvoudcaL must have been considerable.
any writing; and would form the ground of an ac- Pasion, the banker, had a lodging-house valued at
tion against the party who broke it, if it could be  100 minas.  Xenophon recommended that the
sufficiently proved.  Hence it was the practice to  IErotoLK   should be encouraged to invest their
have witnesses to a parol agreement.  The law de- money in houses, and that leave should be granted
clared ecvpias evat' Tas 7rpbs &XNXAovus 6xoNoyias, to the most respectable to build and become house&s &a E'avT'oL uLapvpwv 7rot~cowvorai. (Demosth. c. proprietors  (osCcosotou7eauEiroLs  YKetKfc7-oOat, de
Phaenipp. 1042, c. Euerg. et Mnes. 1162, c. Dionys.  Vectig. ii. 6.)  The i0r-O eEEs laboured under no
1283, c. Onetor. 869.) It seems that for the main- such disability; for Lysias and his brother Poletenance of an iEsropucci Wmcq1 it was necessary to have marchus, who belonged to that class,. were the
a written contract. (Demosth. c. Zenoteh. 882.)    owners of three houses.  The value of houses must
Bankers were persons of extensive credit, and  have varied according to the size, the build, the
had peculiar confidence reposed in them.  They  situation, and other circumstances.  Those in the
were often  chosen as the depositaries of agree- city were more valuable than those in the Peiraeeus
ments and other documents. Money was put into  or the country, caeteris paritbus.  Two countingtheir hands without any acknowledgment, and  houses are mentioned by Isaeus (cle Hrein. hers.
often without witnesses.  They entered these and  88, ed. Steph.) as yielding a return of rather more
also the loans made by themselves to others in  than 81 per cent. interest on the purchase-money.
their books, makling memoranda (67roev/'tqara) of But this probably was much below the average.
any important particulars.  Such entries were re- The summer season was the most profitable for
garded as strong evidence in courts of justice. the letting of houses, when merchants and other
Sureties were usually required by them on making  visitors flocked to Athens.  The rent was cornloans.  (Isocr. Trapez. 369, ed. Steph.; Demosth. monly paid by the month.  Lodging-houses were
c. Apat. 894, p1'o P'horim. 950, 958, c. Tiinote. frequently taken on speculation by persons called
1185, c. Paorm.. 908;1 B1bckh, Publ. Econ. of,avrcKX7pot or r-raOxuovxot, who made a profit by
Athens, p. 128, 2d ed.)                            underletting them, and sometimes for not very
v-yypacpj denotes an instrument signed by both  reputable purposes.  (Isaeus, dle Philoct. hier 58,
or all the contracting parties.  Xelpotypasov, is a  ed. Steph.)  Hesychius explains the word vaeVicXlmere acknowledgment by one party.  vyy-ypdiaOaOai pos, 6 svvouofcas 7rpoeorcTs: see also Earpocration,
rvsyypawpc)  or ovvOd/icn, is to draw up the contract, s. v.   Some derive the word from,aho: but it is
or-7tzvaaerO  to seal it, avanpev to cancel, a&vee'-OaeLn more probable that it was given as a sort of nickto take it up from the person with whom it was name to the class, when they first sprang up. (See
deposited, for the purpose of cancelling, when it Stephan. T/hesaur. 6608; Reiske, IIndexe in Or.
was no longer of any use.'Travoi'yen, to break  Att. s. v. 2ovocia: Bbckh, Publ. Econ. of Atlens,
the seal clandestinely for some fraudulent purpose, pp. 65, 141, 2d ed.)               [C. R. K.]
as to alter the terms of the instrument, or erase or    SYNTAGMA  (ro6sraya).  [EXERCITUS, P.
destroy some material part, or even the whole, 488, a.]
thereof (lervaypd(eE1 or 6acpeEIpeI,).   [SAnIBO-    SYNTAXEIS (ovTrd'ie1s). [SYNNEDRI.]
LAEON.]                             [C. R. K.]       SYNTELEIA (O-rvrieAEma). [TRIERARCHIA.]
SYNOI'KIA  (uvvonucla or orvvorKiera), a fes-    SYNTHE'CE (uvvO/Oiti).  [SY-IBOLAEON.]
tlral celebrated every year at Athens on the 1 6th    SY'NTHESIS, a garment frequently worn at
of Ilecatombaeon in honour of Athena.  It was  dinner, and sometimes also on other occasions. As
believed to have been instituted by Theseus to  it was inconvenient to wear the toga at table on
commemorate the concentration of the government account of its-many folds, it was customary to have
of the various  towns of Attica  and  Athens.  dresses especially appropriated to this purpose,
(Thucyd. iii. 15; Steph. Byz. s. v.'AOctua.)  called testes coenatoriae, or coenato2-ica (Mart. x. 87.
According to the Scholiast on Aristophanes (Pax, 12, xiv. 135; Petr. 21), accubitoria (Petr. 30), or
962) an unbloody sacrifice was on this day offered  Syntheses. The Synthesis is commonly explained
to the goddess of peace (Edp/uqJ).  This festival, to be a loose kind of robe, like the Pallium; but
which Plutarch (Thes. 24) calls Iueroitma, is men- Becker (Gallus, vol. i. p. 37) supposes from a comtioned both by him and by Thucydides as still held  parison of a passage of Dion Cassius (lxiii. 13)
in their days.  (Compare Meyer, le Beon. damnat.  with one of Suetonius(Ner. 51) describing the dress
p. 120.)                               [L. S.]    of Nero, that it must have been a kind of tunic, an
SYNOI'IKIA  (o-vvotdcia) differs from  oi:cia in  indumentumz rather than an aunictus.  [AMIuCTUS.]
this: that the latter is a dwelling-house for- a  That it was, however, an easy and comfortable kind
single family: the former adapted to hold several of dress, as we should say. seems to be evident
families, a lodging-house, insula, as the Romans  from its use at table above mentioned, and also
would say.  The distinction is thus expressed by  from its being worn by all classes at the SATURAeschines (c. Timgarch. 17, ed. Steph.): 06yrou ltE'  NALIA, a season of universal relaxation and enjoy-,yap mroxAol 1uotwodJlcfElvo sIca,  otes cllcrjtrv    eAo'perVot ment. (Mart. xiv. 1, 141, vi. 24.)  More than
EXoveoi, oa Louiae, scxoisu',l, 0 7rov 8''s aotCe?, this respecting its form  we cannot say: it was
soler.                                            usually dyed with some colour (Mart. ii. 46, x.
There was a great deal of speculation in the  29), and was not white like the toga.
building and letting of houses at Athens.  (Xe-    The word Synthesis is also applied to a set of
noph. Occon. iii. 1.)  The lodging-houses were let wearing apparel or a complete wardrobe. (Dig. 34.
mostly to foreigners who came to Athens on busi- tit. 3. s. 38.)  This use of the word agrees better
ness, and especially to the IETuorcotL whom the law  with its etymology (osYOeocls, evrsT17O-tu) than the
did not allow to acquire real property, and who  one mentioned above. (Becker, I. a.)




1088              SYRINX.                                          SYSSITIA.
SYRINX (av-p~y?), the Pan's Pipe, or Pandean  searching for metals, in mining at the siege of a
Pipe, was the appropriate musical instrument of city (Polyaen. v. 17), or in forming catacombs for
the Arcadian and other Grecian shepherds, and was the dead. (Aelian, H. A. vi. 43, xvi. 15.) [J. Y.]
regarded by them as the invention of Pan, their    SYRMA  (ayppa), which properly means that
tutelary god (Virg. Bic. ii. 32, viii. 24), who was which is drawn or dragged (from oupw), is applied
sometimes heard playing upon it (avpiovmros: see to a dress with a train.  The long Peplos worn by
Theocrit. i. 3. 14, 16; Schol. in loc.; Longus, iv. the Trojan matrons was consequently a dress some27), as they imagined, on mount Maenalus. (Paus. what of this kind. (II. vi. 442.) The Syrma, howviii. 36. ~ 5.)  It was of course attributed to Fau- ever, was more especially the name of the dress
nus, who was the same with Pan. (Hor. Casont. i. worn by the tragic actors, which had a train to it
17. 10.)  When the Roman poets had occasion to trailing upon the ground; whence the word is exmention it, they called it fistula (Virg. Buc. ii. 36, plained by Pollux (vii. 67), as a -payurcbv rpdplua
iii. 22, 25; Hor. Carm. iv. 12. 10; Ovid. Met. E'rnovpd01Evov, and is alluded to by Horace (Ar.
viii. 192, xiii. 784; Mart. xiv. 63; Tibull. i. 5. Poet. 215), in the words,
20.)  It was also variously denominated according    -    traxitque vagus per pulpita vestem.
to the materials of which it was constructed,
whether of cane (tenid arendine, Virg. Buc. vi. 8; (Compare Juv. viii. 229.)  Hence we find Syrima
Hom. Hymn. in Pana, 15; TroleEviTq aOVdaKC, Brunck, used metaphorically for tragedy itself.  (Juv. xv.
Anal. i. 489), reed (calamo, Virg. Buc. i. 10, ii. 30; Mart. iv. 49.)
34, v. 2; KicXAa/or,  Theocrit. viii. 24; Longus,   SYSSI'TIA (ovofSrta). The custom of taking
i. 4), or hemlock (cicuta, Virg. Buc. v. 85).  In  the principal meal of the day in public prevailed
general seven hollow stems of these plants were extensively amongst the Greeks from very early
fitted together by means of wax, having'ben pre- ages.  It existed not only with the Spartans and
viously cut to the proper lengths, and adjusted so  Cretans, amongst both of whom it was kept up till
as to form an octave (Virg. Buc. ii. 32, 36); but comparatively recent times, but also at Megara in
sometimes nine were admitted, giving an equal the age of Theognis (v. 305), and at Corinth in
number of notes. (Theocrit. viii. 18-22.) Another the time of Periander, who it seems abolished the
refinement in the construction of this instrument, practice as being favourable to aristocracy. (Arist.
which, however, was rarely practised, was to ar- Pol. v. 9. ~ 2.) Nor was it confined to the Hellenic
range the pipes in a curve so as to fit the form of nation: for according to Aristotle (Pol. vii. 9), it
the lip, instead of arranging them  in a plane. prevailed still earlier amongst the Oenotrians in
(Theocrit. i. 129.)  A  syrinx of eight reeds is the south of Italy, and also at Carthage, the poshown in the gem figured on page 846.  The an- litical and social institutions of which state resemnexed woodcut is taken from a bas-relief in the  bled those of Sparta and Crete. (Pot. ii. 8.)  The
collection at Appledurcombe in the Isle of Wight. origin of the usage cannot be historically estab(Mus. Worsleyanum, pl. 9.)  It represents Pan  lished; but it seems reasonable to refer it to infant
reclining at the entrance of the cave, which was or patriarchal communities, the members of which
dedicated to him in the Acropolis at Athens.  He  being intimately connected by the ties of a close
holds in his right hand a drinking-horn [RHYTON] political union and kindred, may naturally be supand in his left a syrinx, which is strengthened by  posed to have lived together almost as members of
two transverse bands.                            the same family.  But however and wherever it
originated, the natural tendency of such a practice
was to bind the citizens of a state in the closest
union; and accordingly we find that at Sparta,
{ X~~~~' >hansLycurgus availed himself of it for this purpose,
though we cannot determine with any certainty
whether he introduced it there, or merely perpetuated and regulated an institution, which the
U)1 / /  Spartans brought with them  from their mother> t /\ Ad   Aidg S   country and retained at Sparta as being suitable to
i    their position and agreeable to their national habits.
The Cretan usage Aristotle (Pol. vii. 9) attributes
to Minos; this, however, may be considered rather
the philosopher's opinion than as an historical,-,'vm,r, Jztradition:" but the institution was confessedly of
so high antiquity, that the Peloponnesian colonists
-Z-j~..j%..   _/k__..          may well be supposed to have found it already
existing in Crete, even if there had been no Dorian
The ancients always considered the Pan's Pipe  settlers in the island before them.  (Thirlwall,
as a rustic instrument, chiefly used by those who  Hist. of Greece, vol. i. p. 287.)
tended flocks and herds (Hom. 11. xviii. 526;    The Cretan name for the Syssitia was'Apspe-a
Apoll. Rhod. i. 577; Dionys. Perieg. 996; Longus, (Arist. Pol. ii. 7), the singular of which is used to
i. 2, i. 14-16, ii. 24-26); but also admitted to  denote the building or public hall where they were
regulate the dance. (Hes. Sett. 278.)  The Ly- given.  This title affords of itself a sufficient indidians, whose troops marched to military music, cation that they were confined to men and youths
employed this together with other instruments for only: a conclusion justified and supported by all
the purpose. (Herod. i. 17.)  This instrument was the authorities on the subject.  (Plat. Leg. vi. p.
the origin of the organ [HYDRAVLA].              780, d.)  It is not however improbable, as Hoeck
The term Trbplsy  was also applied to levels, or (Creta, vol. iii. p. 123) suggests, that in some of
narrow  subterranean  passages, made either in  the Dorian states there were syssitia of the young




SYSSITIA.                                         SYSSITIA.               1089
unmarried women as well as of the men.  (Comp. received the same quantity as the men, but of a
Pindar, Pyth. ix. 18.)  All the adult citizens  plainer description of fare.  (Athen. iv. p. 143.)
partook of the public meals amongst the Cretans,  The boys like the men had also a cup of mixed
and were divided into companies or " messes,"  wine in common, which however was not replecalled'Eeraipiat, or sometimes &Yvpe7a. (Athen. iv. nished when emptied. During the repast a general
p. 143.)  These divisions were perhaps originally  cheerfulness and gaiety prevailed, which were enconfined to persons of the same house and kindred, livened and kept up by music and singing.  (Alcbut afterwards any vacancies in them were filled  man, azp. Strab. 1. c.) It was followed by conversaup at the discretion of the members.  (Hoeck, vol. tion, which was first directed to the public affairs
iii. p. 126.)  The divinity worshipped under the  of the state, and afterwards turned on valiant deeds
name of ZEbS'EraLpeoS (Hesych. s. v.) was consi- in war and the exploits of illustrious men, whose
dered to preside over them.                      praises might animate the younger hearers to an
According to Dosiadas, who wrote a history of honourable emulation.  While listening to this conCrete (Athen. 1. c.), there were in every town of versation, the youths seem to have been arranged
the island (7ravTaXoi) two public buildings, one for  in classes (avspEra), each of which was placed
the lodging of strangers (KOIyl7rTpLOV), the other under the superintendence of an officer (7raLsos'tos)
a common hall (&vSpe7oV) for the citizens.  In the  especially appointed for this purpose; so that the
latter of these the syssitia were given, and in the  syssitia were thus made to serve important political
upper part of it were placed two tables for the en- and educational ends.
tertainment of foreign guests (EVUaIL TpadrEWaL),    In most of the Cretan cities, the expenses of the
a circumstance deserving of notice, as indicating  syssitia were defrayed out of the revenues of the
the extent to which the Dorians of Crete encou- public lands and the tribute paid by the Perioeci,
raged mutual intercourse and hospitality.  Then  the money arising from which was applied partly
came the tables of the citizens.  But besides these  to the service of thegods, and partly to the main.
there was also a third table on the right of the en- tenance of all the citizens both male and female.
trance dedicated to Zeus ~svmos, and perhaps used  (Arist. Pol. ii. 7. 4); so that in this respect there
for the purpose of making offerings and libations to  might be no difference between the rich and the
the god.                                         poor.  From the statement of Aristotle compared
The Syssitia of the Cretans were distinguished  with Dosiadas (Athen. I. c.), it appears probable
by simplicity and temperance. They always sat at that each individual received his separate share of
their tables, even in later times, when the custom  the public revenues, out of which he paid his quota
of reclining had been introduced at Sparta.  (Cic. to the public table, and provided witfi the rest for
pro Mur. 35.)  The entertainment began with  the support of the females of his family.  This
prayer to the gods and libations.  (Athen. iv. p. practice however does not appear to have prevailed
143, e.)  Each of the adult citizens received an  exclusively at all times and in all the cities of
equal portion of fare, with the exception of the  Crete.  In Lyctus, for instance, a colony from
"Archon,' or " Master of the Tables," who was  Sparta, the custom was different: the citizens of
perhaps in ancient times one of the cKOdSO,: and  that town contributed to their respective tables a
more recently a member of the /yspCv'ia or council. tenth of the produce of their estates; a practice
This magistrate received a fourfold portion; "' one  which may be supposed to have obtained in other
as a common citizen, a second as President, a third  cities, where the public domains were not sufficient
for the house or building, a fourth for the furni- to defray the charges of the syssitia.  But both at
ture " (Cv aICEvYerv, Heraclid. Pont. iii.): an ex-  Lyctus and elsewhere, the poorer citizens were in
pression from which it would seem that the care  all probability supported at the public cost.
of the building and the provision of the necessary    Ill connection with the accounts given by the
utensils and furniture devolved upon him.  The  ancient authors'respecting the Cretan syssitia there
management of all the tables was under the super- arises a question of some difficulty, viz. how could
intendence of a female of free birth (/7 IrpoesrT77Kva  one building accommodate the adult citizens and
T7's eVuOrUaLeas  yUV), who openly took the best youths of such towns as Lyctus and Gortyna?
fare and presented it to the citizen who was most The question admits of only two solutions: we are
eminent in council or the field.  She had three or either misinformed with respect to there being only
four male assistants under her, each of whom again  one building in each town used as a common hall,
was provided with two menial servants (KcaXrjpd- or the number of Dorian citizens in each town
poe, or wood-carriers).  Strangers were  served  must have been comparatively very small.
before the citizens, and even before the Archon or    The Spartan Syssitia were in the main so similar
President.  (Heracl. Pont. 1. c.)  On each of the  to those of Crete that one was said to be borrowed
tables was placed a cup of mixed wine, from which  from the other. (Arist. Pol. ii. 7.)  In later times
the messmates of the same company drank.  At they were called  sE1G8iiea, or the "spare meals," a
the close of the repast this was replenished, but all term which is probably a corruption of plmi-ma, the
intemperance was strictly forbidden by a special love-feasts, a word corresponding to the Cretan
law.  (Plat. Mliinos, p. 265.)                  eiralpe7a. (G6ttling, ad Asiist. Oecon. p. 190; MillTill they had reached their eighteenth year, when  ler, Dor. iv. 3. ~ 3.)  Anciently they were called
they were classed in the &-yEham, the youths accom-  &vSpe7ea, as in Crete,  (Plut. L/yue. 12.)  They
panied their fathers to the syssitia along with the  differed from the Cretan in the following respects.
orphans of the deceased.  (Hoeck, vol. iii. p. 185.)  Instead of the expenses of the tables being defrayed
In some places the youngest of the orphans waited  out of the public revenues, every head of a family
on the men; in others this was done by all the  was obliged to contribute a certain portion at his
boys.  (Ephor. ap. Strab. x. p. 483.)  When not own cost and charge; those, who: were not able to
thus engaged, they were seated near to the men  do so were excluded from the public tables. (Arist.
on a lower bench, and received only a half portion  Pol. ii. 7. 4.)  The guests were divided into comof meat: the eldest of the orphans appear to have  panies generally of' fifteen persons each, and all
4a




1090              SYSSITIA.                                         TABELLA.
vacancies were filled up by ballot, in which unani- the number of families was 9000, the number of
mous consent was indispensable for election.  No -syssitia was thirty; and consequently that Heropersons, not even the kings, were allowed what was  dotus, when he spoke of Lycurgus having instituted
called an aPi8Tls'  yiie'pa (Hesych. s. v.) or excused  the " syssitia " for war, alluded to the larger divifrom attendance at the public tables, except for some  sions and not the single banqueting companies; a
satisfactory reason, as when engaged in a sacrifice, conclusion justified by the context.  MUller moreor a chase, in which latter case the individual was  over supposes, that in this sense the Syssitia at
required to send a present to his table. (Plut. l. c. Sparta corresponded to the divisions of the state
Agis, c. 10.)  Each person was supplied with a  called obae, and sometimes  paTrpLal, which were
cup of mixed wine, which was filled again- when  also thirty in number.  (Dorians, iii. 5. ~ 6, and
required; but drinking to excess was prohibited at  12. ~ 4.)
Sparta as well as in Crete.  The repast was of a    (Hoeck, Creta, vol. iii. pp. 120-139; Hiillman's
plain and simple character, and the contribution of Anfange, ~ 138; Thirlwall, Hist. of Greece, vol. i.
each member of a mess or (PE18Lir-s was settled by  pp. 288, 331; Hermann, Lehrbuclh degr Griech.
law.  (Wachsmuth, vol. ii. pt. ii. p. 24, 1st ed.; Staats. ~~ 22, 28.)                  [R. W.J
Plut. 1. c.)  The principal dish was the /IAaS       SYSTY'LOS.  [TEMPiUM.]
Gouds or black broth, with pork. (Athen. iv. p.
141.) The E'rc'iKaov or afternneal (from the Doric
&m'X;ov, a meal) was however more varied, and                             T.
richly supplied by presents of game, poultry, fruit,
&c., and other delicacies which no one was allowed    TABELLA, din. of TABULA, a billet or
t6 pur(hase.  Moreover, the entertainment was  tablet, with which each citizen and judex voted in
enlivened  by cheerful conversation, though on  the comitia and courts of justice.  In the comitia,
public matters.  (Xen. Rep. Lacon. v. 6.)  Sing- if the business was the passing of a law, each citiing also was frequently:introduced, as we learn  zen was provided with two Tabellae, one inscribed
from Aleman (Frag. 31), that " at the banquets  V. R. i. e. Uti Roygas, " I vote for the law," the
and drinking entertainments of the men it was fit other inscribed A. i. e. Antiqeo, " I am for the old
for the guests to sing the paean."  The arrange-  law."9  (Compare Cic. adAtt. i. 14.)  If the busiments were under the superintendence'of the  ness was the election of a'magistrate, each citizen
Polemarchs.                                        was supplied with only one tablet, on which the
The use and purposes of the institutions de-  names of the candidates were written, or the iniscribed above are very manifest.  They united  tials of their names, as some suppose from the orathe citizens by the closest ties of intimacy, and  tion pro Donzo, c. 43; the voter then placed a mark
union, making them consider themselves as mem-  (punctzns) against the one for whom  he voted,
bers of one family, and children of one and the  whence puncla are spoken of in the sense of votes.
same mother, the state.  They maintained a strict  (Cic. pro Plane. 22.)  For further particulars reand perfect separation between the higher and the  specting the voting in comitia, see DIRsIBTOnzs,
subject classes both at Sparta and in Crete, and  CISTA, SITELLA, and SUFFRAGIUM.
kept up in the former a consciousness of their su-    The judices were provided with three Tabellaes:
perior worth and station, together with a strong  one of which was marked with A. i. e. A bsolvo,
feeling of nationality.  At Sparta also they were  "I acquit;" the second with C. i. e. Condeimno,
eminently useful in a military point of view, for  " I condemn;" and the third with N. L. i. e. Non
the members of the syssitia were formed into cor-  Liquet, "It is not clear to me."  The first of these
responding military divisions, and fought together  was called Tabella absolutoria and the second Tain the field, as they had lived together at home, bella damcnatoria (Suet. Octav. 33), and hence
with more bravery and a keener sense of shame  Ciceio (pro Mil. 6) calls the former litera salulacris,,(aiUs), than could have been the case with merely  and the latter litera tristis.  It would seem that in
chance comrades. (Herod. i. 65.) Moreover " they  some trials the Tabellae were marked with the letgave an efficacy to the power of public opinion  ters L. and D. respectively, i.e. Libero and Damnno,
which must have nearly superseded -the necessity  since we find on a denarius of the Caelian gens a
of penal laws."  (Thirlwall, vol. i. p. 289.)  With  Tabella marked with the letters L. D.; and as we
respect to the political tendencies, they were de-  know that the vote by ballot in cases of Perduellio
cidedly  arranged  upon aristocratical principles, was first introduced by C. Caelius Caldus [TABELthough no individual- of a company or mess was  LARIAE LuGES], the Tabella on the coin undoubtlooked upon as superior to his fellows.  Plutarch'edly refers to that event.  There is also a passage
(Quaes. SydnpoS. vii. p. 332) accordingly calls them  in Caesar (B. C. iii. 83), which seems to intimate
Oavrvibpa &apurroKpa-l-ca, or aristocratical meetings, that these initial letters were sometimes marked
and compares them with the Prytaneium and Thes-  on the tabellae: " Unam fore tabellam, qui libermothesium at Athens.                               andos omni periculo censerent; alteram, qui capitis
The simplicity and sobriety; which were in early  damnarent," &c. (Compare Spanheim, Nzumisso.
times the characteristic both of the Spartan and  vol. ii. p. 199.)
Cretan Syssitia, were afterwards in Sparta-at least
supplanted by luxury and effeminate indulgence.
The change was probably gradual, but the kings  
Areuls and Acrotatus (B. C. 300) are recorded'as                       X
having been mainly instrumental in accelerating it.                  X
The reformer Agis endeavoured but in vain to restore the old order of things, and perished in the            
attempt.'In, his days Sparta contained 4500
families, out of which he proposed to make fifteen
yssitia, whence MUiiller infers that formerly, when'            BRITISH MUSEUMo




TABERNA.                                       TABULAE.                  1091
The preceding cut contains a copy of a coin of the  composed of a covering of skins partly supported
Cassian gens, in which a man wearing a toga is re-  by wooden props, and partly stretched on ropes,
presented in the act of placing a tabella, marked  Sometimes, in a permanent camp, they may have
with the letter A. (i. e. absolvo), in the cista.  The  been constructed entirely of planks; and someletter on the tabella is evidently intended for A.    times, in cases of emergency, garments and rushes
For the other meanings of Tabella see TABULA. were spread over any support. that could be ob-.
TABELLA'RIAE LEGES, the laws by which  tained.  (Lipsius, de Milit. Roman. in Oper. vol.
the ballot was introduced in voting in the comitia. iii. pp. 154-165.)  From taberna, when used in
As to the ancient mode of voting at Rome, see  this sense, are derived tabernaculumz, the more com-,
SUFRaAGIUM.  There were four enactments known  mon name of a tent, and CONTUBERNALES.
by the name of Tabellariae Leges, which are enu-    The usual meaning of taberna is a shsop.  Orirmerated by Cicero (de Leg. iii. 16).  They are  ginally the shops were stalls or booths in or round
mentioned below according to the order of time in  the market-place [AGORA; FORTM]; afterwards
which they were passed.                          they were permanently established both on the
1. GABINIA LEx, proposed by the tribune Ga- sides of the market-place, and in other parts of the
binius B. C. 139, introduced the ballot in the elec- city.  Neither the ancient authors nor the remains
tion of magistrates (Cic. 1;c.); whence Cicero (Ag.: of Pompeii lead us to suppose that tradesmen often
ii. 2) calls the tabella " vindex tacitae libertatis."   had their shops forming part of their houses, as
2. CAssIA LEx, proposed by the tribune L. Cas-  with us.  A few houses are indeed found in Porm
sius Longinus  B. c. 137, introduced the ballot in  peii entirely devoted to the purposes of trade, conthe " Judicium Fopuli," with the exception of cases  sistingj that is, of the shop and the rooms occupied
of Perduellio.  The "Judicium Populi" undoubt-  by the tradesman and his family. Most commonly,
edly applies to cases tried in the comitia by the  however, the shops formed a part of a large house,
whole body of the people [JnDEX, P. 649], al- to the owner of which they belonged, and were by
though Ernesti (fidex Leg.) wishes to give a dif-  him  let out to tradesmen.  [DoMus, p. 430.]
ferent interpretation to the words.  This law  was  Some of the shops round a house were retained by
supported by Scipio Africanus the younger, for the owner for the sale of the produce of his estates.
which ihe was censured by the aristocratical party. This arrangement of the shops was probably an im(Cic. de Leg. iii. 16, Brdt. 25, 27, pro Sextio, 48; provement on an older plan of placing them against
Ascon. in Corozel. p. 78, ed. Orelli.)          the walls of houses.  Even under the emperors we
3. PAPIRIA  LEx, proposed by the tribune C. find that shops were built out so far into the street
Papirius Carbo s.c. 131, introduced the ballot in the  as to obstruct the thoroughfare.  Martial (vii. 61)
enactment and repeal of laws. (Cic. (de Leg. iii. 16.) mentions an edict of Domitian by which this prac4. CAELIA LEX, proposed by C. Caelius Caldus  tice was put down, and the shops were confined
B. c. 107, introduced the ballot in cases of Perduel- within the areas of the houses.
lio, whiclh had been excepted in the Cassian law.    The following are the most remarkable classes
(Cic. 1. c.).            of shops of which we have notices or remains.
There was also a law brought forward by Marius    1. Shops for the sale of wine, hot drinks, and
a. c. 119, which was intended to secure freedom  ready-dressed meat.  [CAUPONA.]
and order in voting.  (Cic. de Leg. iii, 17; Plut.   2. Bakers' shops.  Of these several have been.lfar. 4.)                                       found at Pompeii, containing the mill as well as
TABELLA'RIUS, a letter-carrier.  As the  the other implements for making bread.  [MoLA;
Romans had no public post, they were obliged to  PISToa.]
employ special messengers, who were called Tabel-   3. Booksellers' shops.  [LIBER.]
larii, to convey their letters (tabellae, literae), when    4. Barbers' and Hairdressers' shops. [BARBA.]
they had not an opportunity of sending them other-                                     [P. S.]
wise.  (Cic. P/dil. ii. 31; Cic. ad Fasm. xii. 12,    TABERNA'CULUM. [TABERNA;TRMPLUM.]
xiv. 22.)                                          TABLI NUM. [Domus, p. 428? a.]
TABE'LLIO, a notary. (Suidas. s. v.)  Under    TA'BULAE. This word properly means planks
the empire the Tabelliones succeeded to the busi- or boards, whence it is applied to several objects,
ness of the Scribae in the times of the republic. as garming-tables (Juv. i. 90), pictures (Cic. de Fie.
[ScRaBAE.]  They were chiefly employed in draw- v. 1; Propert. i. 2. 22), but more especially to
ing up legal documents, and for this purpose usu-  tablets used for writing, of which alone we have to
ally took their stations in the market-places of speal  here.  The word Tabulae was applied to
towns.  (Cod. 4. tit. 21. s. 17; Novell. 73. c. 5, any flat substance used for writing upon, whether
&c.)  They formed a special order in the state. stone or metal, or wood covered with  vax.  Livy
(Gothofr. ad Cod. Thleod. 12. tit. 1. s. 3.)     (i. 24) indeed distinguishes between Tabulae and
TABERNA is defined by Ulpian as any kind  Cera, by the former of which he seems to mean
of building fit to dwell in " nempe ex eo, quod  tablets of stone or metal; but Tabulae and Tacbellae
tabulis clauditur" (Dig. 50. tit. 10. ~ 183), or accord- more frequently  signify waxen tablets (tabslee
ing to the more probable etymology of Festus, be- ceratae), whicl were thin pieces of wood usually
cause it was made of planks. (Festus, s. v. Contzu- of an oblong shape, covered over with wax (ce-a).
bertales, Tabereacula.)  Festus (s. v. Adtibesonalis)  The wax was written on by means of the stilus.
asserts that this was the most ancient kind of [STILUS.]  These tabulae were sometimes made
abode used among the Romans, and that it was  of ivory and citron-vood (Mart. xiv. 3. 5), but
from the early use of such dwellings that the words  generally of a wood of a more common tree, as
tabeowis  amnd taernacualums were applied to military  the beech, fir, &c. The outer sides of the tablets
tents, though the latter were constructed of skins. consisted merely of the wood; it was only the
We know very little of the form and materials of inner sides that were covered over with wax.
the ancient tents; but we may infer from the no- They were fastened together at the back by means
tices we have of them that they were generally  of wires, which answered the purpose of hinges, so
4A 2




1092                TABULAE.                                     TABULARIUM.
that they opened and shut like our books; and  Ceratae, et antiquissimae et unice Romanae in
to prevent the wax of one tablet rubbing against  Fodina Auraria apud Abrudbanyam, oppidulum
thewax of the other, there was a raised margin  Transsylvanum, nuper repertae," Lipsiae (1841).
around each, as is clearly seen in the woodcut under  An account of these tablets, taken from Massnmann's
STILUS.  There were sometimes two, three, four  description, will serve as a commentary on what
five, or even more, tablets fastened together in the  has been said above.  Both the tabutlae are triabove-mentioned manner.  Two such tablets were  ptycha, that is, consisting of three tablets each.
called Diptycha (ir-Trvxa), which merely means  One is made of fir-wood, the other of beech-wood,
"twice-folded" (from  mru"Jerw "to fold"), whence  and each is about the size of what we call a small
we have 7r-tVUKiCTO, or with the r omitted, vvC:rlov.  octavo.  The outer part of the two outside tablets
The Latin word puqyilares, which is the name fre-  of each exhibits the plain surface of the wood, the
quently given to tablets covered with wax (Mart. inner part is covered with wax, which is now alxiv. 3; Gell. xvii. 9; Plin. Ep. i. 6), may perhaps  most of a black colour, and is surrounded with a
be connected  with the same root, though it is  raised margin.  The middle tablet has wax onll
usually derived from pouyillus, because they were  both sides with a margin around each; so that
small enough to be held in the hand.  Such tablets  each of the two tabulae contains four sides or four
are mentioned as early as the time of Homer, who  pages covered with wax.  The edges are pierced
speaks of a 7rivae  rrUvlr's-C. (11. vi. 1-69.)  Three  through, that they might be fastened together by
tablets fastened together were called  Tript'yclha  means of a thread passed through them.  The wax
(-rp7rTrvua ), which Martial (xiv. 6) translates by  is not thick in'either; it -is'thininer on the beechen
triplices (cerae); in the same way we also read of tabulae, in which the stilus of the writer has somePenztaptyclac (7revTa7rTVrUX) called by Martial (xiv. 4)  times cut through the wax into the wood.  There
Quinti,:plices (cerae), and of PolyptycTla, (7rov7rrvnxa)  are letters on both of them, but on the beechen taor MoUltiplices (cerae).  The pages of these tablets  bulae they are few and indistinct; the beginning
were frequently called by the name of cerae alone; of the first tablet contains some Greek letters, but
thus we read of primula cera, alterce cera, "first page,"  they are succeeded by a long set *of letters in un" second page.' (Compare Suet. Net. 17.)  In ta-  known  characters.  The writing  on the tabulae
blets containing important legal documents, espe-  made of fir-wood is both greater in quantity and in
cially wills, the outer edges were pierced through  a much better state of preservation.  It is written
with  holes (fora-tina), through  which a triple  in Latin, and is a copy of a document relating to
thread (linzum) -was passed, and upon which a seal  some business connected with a collegium.  The
was thent placed.  This was intended to guard  name of the consuls is given, which determines its
against forgery, and if it was not done such docu-  date to be A. D. 169.  One of the'most extraordiments were nilll-and void. (Suet. ATNe. 17; Paulus,  nary things connected with it is, that it is written
Sent. Rec. v. 25. ~ 6; TESTAMENTUM.)                from right to left. The writing begins on what we
Waxen tablets Awere used among the Romans  should call the last or fourth page, and ends at the
for almost every species of writing, where great  bottom  of the third; and by some strange good
length was not required.   Thus letters were fre-  fortune it has happened that'the same document
quently written upon them, vwhich were secured  is written over again, beginning on the second
by being fastened together with packthread and  page and ending at the bottom of the first; so that
sealed with wax.  Accordingly we read in Plautus  where the writing is effaced or doubtful in the one
(Bacchid; iv. 4. 64) when a letter;is to be written,  it is usually supplied or explained by the other.
"Effer cito stilum, ceram, et tabellas, et linum."   Waxes tablets continued to be used in Eulope
for the purposes of writing in the middle ages; but
The sealing is mentioned afterwards (1. 96). (Com-  the oldest of these with which we are acquainted
pare Cic. in Catil. iii. 5.) Tabhulae and tabellae are  belongs to the year 1301 A. t)., and is preserved in.
therefore used in the'sense of'letters. (Ovid. 1wet.  the Florentine Museum.
ix. 522.) Love-letters were written onl very small    The tablets used in voting in the comitia and
tablets called Vitelliani (Mart. xiv. 8, 9), of which  the courts of justice were also called tabulae as
word'however we do not knotw the oirigin.  Ta-  well as tabellae. [TABELLA'E.J
blets of this kind are presented by Amor to Poly-    TA'BULAE  PU BLICAE.  [TABULARiuM.]
phemus on an ancient painting.  (llIus. Borbon.    TABULA'RII were notaries or accountants,
vol. i. tav. 2.)                                    who are first mentioned under this name in the
Legal documents, and especially wills, were al-  time of the empire. (Sen. Ep. 88; Dig. 11. tit. 6.
most always written on waxen tablets, as men-  s. 7; 50. tit. 13. s. 1. ~ 6.)  Public notaries, who
tioned above.  Such tablets were  also used for  had the' charge of public documents, were also
accounts, in- hich a person entered what he re-  called tabularii (Dig. 43. tit. 5. s. 3), and these
i~eived'and expended (Tabulae or Codex accepti et  seem to have differed from  the tabelliones in the
expense, Cic. pro Rose.: CGoo. 2). whence Novae  circumstance that the latter had nothing to do
Tabulae mean an abolition'of debts either wholly  with the custody of the public registers.  Public
or in- part.  (Suet. Jul. 42; Cic. de Off. ii. 23.)  tabularii were first established by M. Antoninls
The above are:merely instances of the exten'sive  in the provinces, who ordained that the births of
use of waxen tablets; it is unnecessary to pursue  all children were to be announced to the tabularlii
the subject further.                                within thirty days from  the birth.  (Capitol. iI..
Two ancient waxen tablets have been discovered  Anton. 9.)  Respecting the other duties of the
An a perfect state of preservation, one in a gold  public tabularii, see Cod. Theod. 8. tit. 2, and
mine four or five miles from  the village of Abrud-  Gothofr. ad loc.
bianyf  in'Transylvania, and the other in a gold     TABULA'RIUM, a place where the public
mine in the village itself.  Of this interesting dis-  records (tabulae publiaee) were kept.  (Cic. pro C.
covery an account has been published by Massmann  Rabir. 3, pro Arch. 4.)  These records were of
le a work intitled " Libellus Aurarius, sive Tabulae  various kinds, as for instance Senatusconsulta, Ta



TAGUS.                                           TAGUS.                   1093
bulae Censoriae, registers of births, deaths, of the of the country afterwards called Thessaly, and
names of those who assumed the toga virilis, &c. drove out or reduced to the condition of Penestae
(See Abram. ad Cic. Mil. 27..) There were various  or bondsmen the ancient Aeolian inhabitants (Tv,
tabularia at Rome, all of which were in temples;  rdTsE yEi  AIsoAMa vOv 8e ~eT-rTaXiav KcAoouups'Ev,
we find mention made of tabularia in the temples  Died. iv. 57).  The Thessalians afterwards spread
of the Nymphs (Cic. pro. Mlil. 27),. of Lucina, of over the other parts of the country, and took posJuventus, of Libitina, of Ceres, and more especially  session of the most fertile districts, and compelled
in that of Saturn, which was also the public trea-  the Peraebi, Magnetes, Achaean Phthiotae, and
sury.  (Servius, ad Virg. Georg. ii. 502; Capitol.  other neighbouring people to submit to their autho1l. lAnton. -Phil. 9.) [AERARnIUMM.]              rity and to pay them  tribute.  (Thucyd. ii. 101,
A tabularium was also called by other names, as  iv. 78, viii. 3.; Aristot. Pol. ii. 6.)  The populaGrammatophylacium,un   Archium, or Archivzntm. (D.ig. tion of Thessaly therefore consisted, like that of
48. tit 19. s. 9.)  In a private house the name of Laconica, of three distinct classes.  I. The Penes-'Tblinzzmz  was given to the place where the family  tae, whose condition was nearly the same as that
records and archives were kept.  [DoMvs, p. of the Helots.  [PENESTAE.]  2. The subject
428, a.]                                           people, who inhabited the districts which were not
TAEDA or TEDA (afrs, Att. a.a, dimz. 8aSfov), occupied by the Thessalian invaders. They paid
a light of fir-wood, called on this account pinea  tribute, as stated above, but were personally free,
taeda. (Catull. lix. 15; Ovid. Fast. ii. 558.) Be-  though  they had no share in  the government.
fore the adoption of the more artificial modes of They corresponded to the Perioeci of Laconica, by
obtaining light, described under CANDELA, FAX, which name they are called by Xenophon. (Hell.
FUNAIE, and LUCERNA, the inhabitants of Greece  vi. 1. ~ 19.)  [PERIOECI.]  3. The Thessalian
and Asia Minor practised the following method, conquerors, who alone had any share in the public
which still prevails in  those countries, and to a  administration, and whose lands were cultivated
certain extent in Scotland and Ireland, as. well as  by the Penestae.
in other parts of Europe, which abound in forests    For some time after the conquest Thessaly seems
of pines. (Fellows, Exc. in Asia 1Minor, pp. 140, to have been governed by kings of the race of Her333-335.)  A  tree having been selected of the  cules, who may however have been only the heads
species Pinus Maritima, Line., which. was called  of the great aristocratical. families, invested with
ursduls  by the ancient Greeks from  the time of the supreme power for a certain time.  Under one
Homer (II. xi. 494, xxiii. 328), and which retains  of these princes, named Aleuas, the country was
this name, with a slight change in its termination,  divided into four districts, Phthiotis, Histiaeotis,
to the present day, a-large incision was made near  Thessaliotis, and Pelasgiotis. (Aristot. ap. Heapoits root, causing the turpentine to flow so as to ac-  crst. s. v. TErpapXLa: Strab. ix. p. 430.)  This
cumulate in its vicinity.   This highly resinous  division continued  till the latest times of Thessalian
wood was called  Ys, i. e. torch-wood; a tree so  history, and we may therefore conclude that it was
treated was called  eva3ros, the process itself e&'a-  not merely a nominal one.  Each district may per8oUv or 8,aoUvp'yev, and the workmen employed in  haps have regulated its affairs by some kind of prothe manufacture, 8Aoupyoi.  After the lapse of vincial council, but respecting the internal governtwelve months the portion thus impregnated was  ment of each we are almost entirely in the dark.
cut out and divided into suitable lengths.  This  (Thirlwall, Hist. of Greece, vol. i. p. 437.)
was repeated for three successive years, and then,    When occasion required, a chief magistrate was
as the tree began to decay, the heart of the trunk  elected under the name of Tagus (rayds), whose
was extracted, and the roots were dug up for the  commands were obeyed by all the four districts.
same purpose.  (Theophrast. H. P. i. 6. ~ i, iii. He is sometimes called king (0aNAsihs, Herod. v.
9. ~ 3, 5, iv. 16. ~ 1, x. 2. ~ 2, 3; Athen. xv. 63), and sometimes a&pXs. (Dionys. v. 74.)  His
700, f.)  These strips of resinous pinewood are  command was of a military rather than of a civil
now  called,aqla by the Greeks of Mount Ida. nature, and he seems only to have been appointed
(Hunt and Sibtlhorp, inz Walplole's Meme. pp. 120, when there was a war or one was apprehended.
235.)                                              Pollux (i. 128) accordingly in his list of military
When persons went out at night, they took these  designations classes together the Boeotarchs of the
lights in their hands (Aristoph. Eccles. 688, 970), Thebans, the King of the Lacedaemonians, the
more particularly in a nuptial procession. (Hom. I1.  Polemarch of the Athenians. (in reference to his
xviii. 492; Hes. Scut. 275; Aristoph. Pax, 1317; origiial duties), and the Tagus of the Thessalians.
Ovid. Met. iv. 326; Fast. vi. 223.)  Hence taedae  We do not know the extent of the power which
felices signified "a happy marriage" (Catull. 61.  the Tagus. possessed constitutionally, nor the time
25; compare Prudent. c. Symmna. ii. 165); and  for which he held t.he office; probably neither was
these lights, no less than proper torches, are at-  precisely fixed, and depended on the circumstances
tributed to Love and Hymen.  (Ovid. MAlet. iv. of the times and the character of the individual.
758.)                                  [J. Y.]    (Thirlwall, vol. i. p. 438.) He levied soldiers from
TAE'NIA.  LVITTA; STRO.PHIU..]                  the states in each district, and seems to have fixed
TAGUS (Trayos), a leader or general, was more  the amount of tribute to be paid by the allies.
especially the name of the militnary leader of the  (Xenoph. lell. vi. 1. ~ 19.)  When Jason was
Thessalmans.  Under this head it is proposed to  tagus he had. an army of more than 8000 cavalry
give a short account of the Thessalian constita-  and not less than 20,000 hoplites (Xenoph.:l. c.),
tion.                                              and Jason himself says that when Thessaly is
The Thessalians were a Thesprotian tribe (Herod.  under a tagus, there is an army of 6000 cavalry and
vii. 176; Veil. Pat. i. 3), and originally came  10,000 hoplites. (Id. vi. 1. ~ 8.)  The tribute
from  the Thesprotian Ephyra.  Under the guid-  which Jason levied from  the subject towns was
ance of leaders, who are said to have been descend-  the same as had been previously paid by one of
ants of Hercules, they invaded the western part the Scopadae, whom  Buttmann supposes to be the
4A 3




1094               TAGUS.                                          TALARIA.
same Scopas as the one mentioned by Aelian ( F. -I. in Thessaly. At Pherae a tyranny, probably arising
-xii. 1) as a contemporary of Cyrus the younger. from a democracy, was established by Lycophron,
When Thessaly was not united under the govern-  who opposed the great aristocratical families, and
ment of a tagus the subject towns possessed more  aimed at the dominion of all Thessaly. (Xenoph.
independence. (Xenoph. Hell. vi. I. ~ 9.)  In later  Hell. ii. 3. ~ 4;;Diod. xiv. 82.)  The latter obtimes some states called their ordinary magistrates  ject was accomplished by Jason, the successor and
~rayol (Bickh, Corp. LIascr. ii. 1770), which may  probably the son of Lycophron, who effected an
have been done however, as Hermann suggests, alliance with Polydamas of Pharsalus, and caused
only out of affectation.                           himself to be elected tagus about B. c. 374. While
Thessaly however was hardly ever united under  he lived the whole of Thessaly was united as one
one government.  The different cities administered  political power, but after his murder in a. c. 370
their own affairs independent of one another, his family was torn asunder by intestine discords
though the smaller towns seem to have frequently  and did not long maintain its dominion.  The
been under the influence of the more important office of tagus became a tyranny under his succesones (trc' 4 dIE 4Y   ('cI, 4Papotaohwv) 7pT-rEYWeo  sors, Polydorus, Polyphron, Alexander, Tisiphonus,
7r4Asewv, Xenoph. Hell. vi. 1. ~ 8).  In almost all and Lycophron; till at length the old aristocratical
-the cities the form of government was aristocratical families called in the assistance of Philip of Mace(Svlaeoreva,   iaov' 7) rCOVOeiea EXpcvT0'o T' EYXcPpitv  donia, who deprived Lycophron of his power in
of ~OEeraXoi,'Thucyd. iv. 78), and it was chiefly  B. c. 353, and restored the ancient government in
in the hands of a few great families, who were  the different towns.  At Pherae he is said to have
descended from  the ancient kings.  Thus Larissa  restored popular or at least republican government.
was subject to the Aleuadae, whence Herodotus  (Diod. xvi. 38.) The country however only changed
(vii. 6) calls them kings of Thessaly; Cranon or masters; for a few years later (B. C. 34.4) he made
Crannon to the Scopadae, and Pharsalus to the  it completely subject to Macedonia by placing at
Creondae. (Compare Theocr. xvi. 34, &c.)  These  the head of the four divisions of the country, tenobles had vast estates cultivated by the Penestae;  trarchies- or tetradarchlies, which he re-established,
they were celebrated for their hospitality and lived  governors devoted to his interests and probably
in a princely manner (PLAuev0od  ire eKal seyaNo- members of the ancient noble families, who had
7rpesrs7s'no' ~e-rraAtK3v Tpo7rov, Xenoph. Hell. vi. 1. now  become little better than his vassals. (Demn.
~ 3), and they attracted to their courts many of Philip. ii. p. 71, iii. p. 117;. Harpocrat. s. v.)
the poets and artists of southern Greece.  The  Thessaly from this time remained in a state of de-:Thessalian- commonalty did not however submit pendence onf the Macedonian kings (Polyb. iv. 76),
quietly to the exclusive rule of the nobles.  Con-  till the victory of T. Flaminius at Cynoscephalae in
tests between the ttwo classes seem to have arisen  B. C. 197 again gave them a show of independence
early, and the conjecture of Thirlwall (vol. i. p. under the protection of the Romans. (Liv. xxxiiio
438), that the election of a tagus, like that of a dic-  34, xxxiv. 51, Polyb. xviii. 30.)
tator at Rome, was sometimes used as an expedient    (Buttmann, Mythologus, No. xxii.  Von dem
for keeping the commonalty under, appears very  Geschlecht der A leuaden; Voemel, de Thessaliae
probable. At Larissa the Aleuadae made some con- Incolis antiqu. Frankf. 1829; Horn, de Thlessalic
cessions to the popular party. Aristotle (Pol. v. 5)  Macedonuen  irnperio  sul)jecta, Gryphiae, 1829;
speaks, though we do not know at what time he  Tittmann, Darstellung d. Griech. Slaatsvesf: p. 713,
refers to, of certain magistrates at Larissa, who  &c.; Schbmann, Antiq. Jieris publ. Graece. p. 401,
bore the name of 7oXLToquXaKesi,  who exercised a  &c.; Hermann, LehCrbzch d. giech. Staatsalt. ~ 178.)
superintendence over the admission  of freemen,    TALA'RIA, small wings, fixed to the ancles
and were elected themselves out of the body of the  of Mercury and reckoned among his attributes.
people, whence they were led to court the people  (zr3AtXa, Athen. xii. p. 537, f.; 7rr-lvo7re3LAoT, Orph.
in a way unfavourable to the interests of the aris-  I/z/mn. xxvii. 4; Ovid.  elt. ii. 736; Fulgent.
tocracy.  There were also other magistrates at Mythol. i.)  In many works of ancient art they
Larissa of a democratical kind, called AapLouaoorotoi. are represented growing from his ancles, as if they
(Aristot. Pol. iii. 1.) Besides the contests between  were a part of his bodily frame; but more free
the oligarchical and democratical parties, there  quently they are attached to him as a part of his
were feuds among the oligarchs themselves; and  dress, agreeably to the description of the poets
such' was the state of parties at Larissa under the  (Hom. II.- xxiv. 340, Od, v. 44; Virg. Aen. iv.
government of the Aleuadae two generations be-  239); and this is commonly done by representing
fore the Persian:war, that a magistrate was chosen  him with sandals, which have wings fastened to
by mutual consent, perhaps from the commonalty, them on each side over the ancles.  But there is a
to mediate between- the parties ("pxycev  /e8Rios, most beautiful bronze statue of this divinity in the
Aristot. Pol. v. 5). At Pharsalus too at the close
of the Peloponnesian war the state was torn asunder by intestine commotions, and for the sake of
quiet and security the citizens entrusted the acropolis and the whole direction of the government to
Polydamas, who discharged his trust with the
strictest integrity. (Xenoph. Hell. vi. 1. ~ 2, 3.)
The power of the aristocratical families however              2
seenls to have continued with little diminution till
towards the close of the Peloponnesian war, when
decided democratical movements first begin to appear. At this time the Aleuadae and the Scopadae
h:ad lost much of their ancient influence.  Pherae
and Pharsalus then became the two leading states




TALUS.                                            TALUS.                   1096
museum at Naples, in which the artist, instead of
the sole of a sandal, has made the straps unite in a
rosette under the middle of the foot (see the woodcut), evidently intending by this elegant device to
represent the messenger of the gods as borne
throughspace without touching the ground.
Besides Mercury the artists of antiquity also
represented Perseus as wearing winged sandals
(Ml1on.  olVath/. iii. 28; Inghirami, Vasi Filltli, i.
tav. 70, iv. tav. 166); because he put on those
of Mercury, when he went on his aerial voyage
to the rescue of Andromeda.  (Ovid. Met. iv.
665-677; Hes. Scut. 216-220; Eratosth. Catast.
22; Hygin. Poet. Ast-ro. ii. 12.)  The same appendage was ascribed to Minerva, according to
one view  of her origin, viz. as the daughter of
Pallas.  (Cic. de Nat. Deoe. iii. 23; Tzetzes, Scwil.
in Lycoph. 355.)                       [J. Y.]
TALARUS (radXapon). [CALATHUS.]                 H. 1. xxxiv. 8. s. 19.)  A fractured marble group
TALA'SSIO.  [MAVTRIMoNIuM, p. 743, b.]    of the same kind, preserved in the British Museum,
TALENTUM. [LIBRA, 2d art.; PONDEiRA; exhibits one of the two boys in the act of biting
NUMeasus.]                                         the arm of his play-fellow so as to present a lively
TA'LIO, from Talis, signifies an equivalent, but  illustration of the account in Homer of the fatal
it is used only in the sense of a punishment or  quarrel of Patroclus. (II. xxiii. 87, 88.)  To play
penalty the same in kind and degree as the mis- at this game was sometimes called 7rerTaAOi'e,v
chief which the guilty person has done to the body  because five bones or other objects of a similar kind
of another.  A provision as to Talio occurred in  were employed (Pollux, 1. c.); and this number is
the Twelve Tables: Si membrum rupit ni cum eo  retained among ourselves.
pacit talio esto. (Festus, s. v. Talionis.)  This pas-    Whilst the tali were without artificial marks, the
sage does not state what Talio is.  Cato as quoted  game was entirely one of skill; and in ancient no
by Priscian (vi. p. 710, Putsch) says: Si quis  less than in modern times, it consisted not merely
membrum  rulpit aut os fregit, talione proximus  in catching the five bones on the back of the hand
cognatus nlciscatur. The law of Talio was probably  as shown in the wood-cut, but in a great variety of
enforced by the individual or his friends: it is not exercises requiring quickness, agility, and accuracy
probable that the penalty was inflicted under a  of sight.   When  the sides of the bone were
decision of a court of justice.  It seems likely that marked with different values, the game became
it bore some analogy to the permission to kill an  one of chance. [ALEA; TESSERA.] The two ends
adulterer and adultress in certain cases, which the  were left blank, because the bone could not rest
Julia Lex confirmed; and if so, the law would  upon either of them  on. account of its curvature.
define the circumstances under which an injured  The four remaining sides were marked with the
person or his cognati might take this talio.  The  numbers 1, 3, 4, 6; 1 and 6 being on two oppopunishment of death for death was talio; but it is  site sides, and 3 and 4 on the other two opposite
not said that the cognati could inflict death for  sides.  The Greek and Latin names of the numdeath.  Talio, as a punishment, was a part of the  bers were as follows  (Pollux, I. c.; Eustath.
Mosaic law: " breach for breach, eye for eye, in Homs. I1. xxiii. 88; Sueton. August. 71; Mart.
tooth for tooth: as he hath caused a blemish in a  xiii. 1. 6):- 1. Moads, Es, Kticve, X oe (Brunck,
man, so shall it be done to him  again." (Levit.  Anal. i. 35, 242)-; Ion. O'fv/1: Unzio, Yulturizss,
xxiv. 20; Rein, Das Cr-isminal-ec/t derl Rinzer, pp. canis (Propert. iv. 9. 17; Ovid. Asrt. Asmat. ii.
37, 358, 8'16, 915.)                   [G. L].    205, Fast. ii. 473): 3. Tpids: Ternio; 4. Tsepds:
TALUS  (dTa'pdyaXos), a huckle-bone.   The  Quaten;:o; 6.'Eads, /4Ir-sT, K.ot: Senio.
huckle-bones of sheep and goats have often been    As the bone is broader in one direction than in
found in Greek and Roman tombs, both real, and  the other, it was said to fall upright or prone
imitated in ivory, bronze, glass, and agate.  Those  (pOpos i nrpm*'vs, rectus ant pronus), according as it
of the antelope (8optcd3ezoi) were sought as objects  rested on the narrow or the broad side.  (Plut.
of elegance and curiosity.  (Theoph. C/lar. 5.; Symspos. Prob. p. 1209, ed. Steph.; Cic. de Fin,
Athen. v. p. 193, f.)  They were used to play with  iii. 16.)
from the earliest times, principally by women and    Two persons played together at this game, using
children (Plut. Alcib. p. 350), occasionally by old  four bones, which they threw  upi into the air, or
men.  (Cic. de Senect. 16.)  A painting by Alex-  emptied out of a dice-box [FRITILLUS], and obander of Athens, found at Resina, represents two  serving the numbers on the, uppermost sides.  The
women occupied with this game.  One of them, numbers on the four sides of the four bones admitted
having thrown the bones upwards into the air, has  of thirty-five different combinations.  The lowest
caught three of them on the back of her hand. (Ant.  throw of all was four aces ( jacit voltorios qitatuor,
d'Erc. i. tav. 1.)  See the following woodcut, and  Plaut. Cure. ii. 3. 78).  But the value of a throw
compare the account of the game in Pollux (ix. c. 7).  (B60os, jacltLs,) was not in all cases the sum of
Polygnotus executed a similar work at Delphi, re-  the four numbers turnied up.  The highest in value
presenting the two daughters of Pandarus thus em-  was that called Venus, or jaclzus Venereus (Plaut.
ployed (7railoe'cas dorpaydAois, Paus. x. 30. ~ 1). Asin. v. 2. 55; Cic. de Div. ii. 59; Sueton. 1. c.),
But a much more celebrated production was the  in which, the numbers cast up were all different.group of two naked boys, executed in bronze by  (Mart. xiv. 14), the sum of them being only four-Polycletus, and called the Aslragalizontes.  (Plin.  teen.  It was by obtaining this throw that the king
4A 4




1096                TAMIAS.                                          TAMIAS.
of the feast was appointed among the Romans  in a manner consecrated to Pallas; while on the
(Hor. Carmr. i. 4. 18, ii. 7. 25) [SyMPosiuM], and  other hand the people reserved to themselves the
hence it was also called Basilicus. (Plaut. Curec. ii. right of making use of the sacred monies, as well
3. 80.)  Certain other throws were called by par-  as the other property of the temples, if the safety
ticular names, taken from gods, illustrious men and  of the state should require it.  (Thucyd. ii. 13.)
women, and heroes.  Thus the throw, consisting  Payments made to the temples were received by
of two aces and two trays, making eight, was de-  the treasurers in the presence of some members of
nominated Stesichorus.   When  the object was  the senate, just as public monies were by the
simply to throw  the highest numbers, the game  Apodectae; and then the treasurers became rewas called 7rhAetoarooArsa. (Pollux, vii. 206, ix. sponsible for their safe custody.  As to fines see
95, 110, 117.)  Before a person threw the tali, he  EPIBOLE, PRACTORES, and on the whole of this
often invoked either a god or his mistress.  (Plaut.  subject, -Bickh, Publ. Econ. af Atthens, pp. 160
Capt. i. 1. 5, Curc. ii. 3. 77-79.)  These bones, -164.
iarked and thrown as above described, were also    The treasurer of the revenue,'artslas or Znriused in divination. (Sueton. Tiber. 14.) [J. Y.]   /IeXarm's "rks tcoLsie 7rpoo'tovU, was a more importTA'MIAS (racluas), was a- name given to any  ant personage than those last mentioned.  He was
person who had the care, managing, or dispensing  not a mere keeper of monies, like them, nor a mere
of money, stock, or property of any description,  receiver, like the Apodectae; but a general payconfided to him; as a steward, butler, housekeeper, master, who received through the Apodectae all
storehousekeeper, or treasurer.  And the word is  money which was to be disbursed for the purposes
applied metaphorically in a variety of ways.  But  of the administration  (except the property-taxes
the T'ralua, who will fall-under our notice in this  which were paid into the war-office, and the triarticle, are certain officers entrusted with import-  bnte from  the allies, which was at first paid to the
ant duties by the Athenian government;  and more  Hellenotamiae, and afterwards to other persons
especially the treasurers of the temples and the  hereafter mentioned), and then distributed- it in
revenue.                                           such manner as he was required to do by the law;
In ancient times every temple of any importance  the surplus (if any) he paid into the war-office or
had property belonging to it, besides its furniture  the Theoric fund. As this-person knew all the chanand ornaments; and a treasury where such pro-  nels in which the public money had' to flow, and
perty was kept.  Lands were attached -to the  exercised a general superintendence over the extemple, from which rents accrued; fines were made  penditure, he was competent to give advice to the
payable to the god; trophies and other valuables  people upon financial measures, with a view to imwere dedicated to him by the public; and various  prove the revenue, introduce economy, and prevent
sacred offerings were made by individuals.  There  abuses;  he is sometimes called ra/tas rls To-1011C7was a T'raLias iepcv Xp?7,uarwv, who, together with  seews, or Od er1 rs ts orioc71eWcS, and may. be reimcrmodra  and  epLo7rosloi, had  the custody and  garded as a sort of minister of finance. To him
management of these funds.  The wealthiestof all Aristophanes refers  in  Equit. 947.   He  was
the temples at Athens was that of Athena in the  elected by XELpo07-ola, and held his office for four
Acropolis, in which were kept the spoils taken  years, but was capable of being re-elected.  A law,
from the Persians (r& CpsTeva r'rs 7dhrows),'be-  however, was passed during the administration of
sides magnificent statues,  painting, and  other  Lycurgus, prohibiting re.election; so that Lycurworks of art. (Demosth. c. Tismocr. 741.)  To the  gus, who is reported to have contilnued in office
Goddess large fines were specially appropriated by  for twelve years, -must have held it for the last
the law or given by decree of the courts or the  eight years under fictitious names.  Trhe power of
assembly; and besides this she received a tenth of this officer was by no means free from  control;
all the fines that' went to the state, a tenth of all inasmuch as any individual was at liberty to proconfiscations andprizes taken in war.'Her trda-  pose financial measures, or institute criminal prosurers were called eracdaLr rs', Aeo o, or Treo  7-es ceedings for malversation or waste of the public
&eou, or Trapiar salepwv Xpdrmsdoov  Ti'S  Seov, and  funds; and there was an dav'mypafbPus  g'rTr  oicrIsometimes simply Trauiar.  (Demosth. e. Androt. o'EWos appointed to check the accounts of his supe615.)  They appear to -have existed firom an early  rior.  Anciently there were persons called Iloprorat
period.  Herodotus (viii. 51,'53) relates that the  who appear tohave assisted the Trapiato in some part'ratai troD Lepoe with a few other men awaited the  of their duties. (Bickh, id. 166) [PORISTAE.]
attack of Xerxes upon the Acropolis, and perished    The money disbursed by- the treasurer of the
in its defence.  They were ten in lnumber, chosen  revenue was sometimes paid directly to the various
annually by lot from  the class of Pentacosiome-  persons in the employ of the government, somedimni, and afterwards when the distinction of  times through subordinate pay offices.  Many pubclasses had ceased to exist, from among the wealth-  lie functionaries had their own paymasters, who
iest of Athenian citizens.  (Harpocr. and Suid. s. v. were dependent on the ra/cu as?7s srpos08ov, reTaesats.)  The treasurers of the other gods were  ceivilng their fullds from him, and then distributing
chosen in like manner; but they, about the 90th  them in their respective J'partments.  Such were
Olympiad, where all united into one board, while  the TrpLlpowrosto4 veXoo7ro 0i, d8orotw, Traporrotoi,
those of Pallas remained distinct.  (Demosth. c.  e7e,\ueXC7rai  YoFwpeov, who received through their
Timocr. 743.) Their treasury, however, was trans-  own'rapim  suctl sums as they required from  time
ferred to the' same place as that of'Athena, viz. to  to time for the prosecution of their works. The paythe Opisthodomus of the Parthenon, where were  m'ent of the judicial fees was made by the Colacretae
kept not only all the treasures belonging to the  (cowXa1cp;6rat), which, and the providing for the
temples, but also the state treasure (ouia Xpl7raTa, meals in the Prytaneum, were the only duties that
as contra-distinguished from  Iepd), under the care:remained to them  after the establishment of the
of the treasurers of Pallas. (Aristoph. Plut. 1194.)  Apodectae by Cleisthenes.  (Aristoph. T"esp. 695,
All the funds of the state were considered as being  724.)  The  rajuial of the sacred vessels, risr




TAPES.                                          TAPES.                     1097
IeapaXov and vres  aXawtiLrvas, acted not only as  some of the later Roman Emperors they were given
treasurers, but as trierarchs; the expenses(amount-  as presents to the combatants at the Circensian
ing for the two ships together to about sixteen  Games.  (Sidon. Apoll. Carm?. xxiii. 427.) The
talents) being provided by the state. -They were  places most renowned for the manufacture were
elected by XElpoTorfa  (Demosth. c. Mid. 570;  Babylon  (Arrian, Exped. Alex. vi. p. 436, ed.
Pollux, viii. 116.)  Other trierarchs had their own  Blanc.; Sidon. Apoll. Epist. ix. 13), Tyre and
private  raoufal, for the keeping of accounts and  Sidon  (Heliodor. v. p. 252, ed. Comlmelin.),
better dispatch of business.  (Bickh, Id. p. 171,  Sardes  (Athen. ii. p. 48, b., vi. p. 255, e., xii.
&c.; SchUmann, Ant. Jar. publ. Gr. pp. 250, 312.)  p. 514, c.; Non. Marcell. p. 542), Miletus (ArisThe duties of the'EhAAvo'ra.iat are spoken of toph. Ran. 542), Alexandria (Plaut. Pseud. i. 2.
in a separate article. [HELLENOTAMIAU.]             13), Carthage (Athen. i. p. 28, a), and Corinth.
The war fund at Athens (independently of the  (Athen. i. p. 27, d.)  In reference to the texture,
tribute) was provided from  two sources, 1st, the  these articles were distinguished into those which
property-tax [EIsPHORs ], and 2dly, the surplus  were light and thin with but little nap, chiefly
of the yearly revenue, which remained after de- made at Sardes and called  tNhox7'rdles (Athen. vi.
fraying the expenses of the civil administration, p. 255, e., xii. p. 514, c.; Diog. Laert. v. 72), and
T'r7reptlo'a Xptxp7 aTa'rT7  S r oI K o-tESs. Of the ten  those in which the nap (laANods) was more abund-:2*parr1iyOL, who were annually elected to preside  ant, and which were soft and woolly (ovAoe, Hom.
over the war department, one was called crv'paT'rys'   1. xvi. 224; yaAaioc   p9Lolo, Od. iv. 124).  The
d irrl'-rs  tLouLja'creWs, to whom  the management thicker and more expensive kinds (lahAAwToi) reof the war fund was entrusted.  He  had under  sembled our baize or drugget, or even our soft and
him  a treasurer, called'rascas 7'-v eorpar:wc'rtcvc, warm blankets, and were of two sorts, viz. those
who gave out the pay of the troops, and defrayed  which had the nap on one side only (E'repod'aAxAL),
all other expenses incident to the service.  De- and those which had it on  both  sides, called
mosthenes, perhaps on account of some abuses  dacupla7rot (Athen. v. p. 197, b., vi. p. 255, e.; Diog.
which had sprung up, recommended  that the  Laert. v. 72, 73), amphitapae (Non. Marcell. p.
generals should have nothing to do with the mili-  540; Lucil. Sat. i. p. 188, ed. Bip.), or dtpsL'tarriTres
tary fund, but that this should be placed under the  (Eustath. in Hows. I1. ix. 200), and also a,utpigahXo
care of special officers,'raupia tral a8Wtwuoioel, who  or amplzotzallc. (Plin. H. N. viii. 48. s. 73.)  Inshould be accountable for its proper application:  stead of being always used, like blankets, in single've   vs Trre Xp7/rodTwv      A'&yov  7rapa'rovUryv  pieces as they camne from the loom  [PALLIUM],,aga&,vetv, o've 6 Trv Ep'CyWv -rapa sroP 0rvTprcvsyoO. carpets were often sewed together.  (Plaut. Stich.
(De Cherson. 101.)  The passage just cited con- ii. 2. 54.)  They were frequently  of splendid
firms the opinion of those who think that in De-  colours, being dyed either with the kermes (Hor.
mnosth. de Coron. 238, 265, the words i iErv'7s  Sat. ii. 6. 102-106) or with the murex (dXospye7s,
&IolKsO ecovs refer to a o-Tpa-T-ryos  so designated,  aXAi7ropoqpoe), and having figures, especially huntand not to the'raltias Tr-s rpoS58os.  (Schoimann,  ing-pieces, woven into them. (Sidon. Apoll.. c.;
Alnt. Jum'. pzubl. Gr. p. 252, n. 7; Bdckh, Id. p. Plaut. Pseud. i. 2. 14.)  These fine specimens of
168; Meier, Att. P-roc. p. 105.)                  tapestry were spread upon thrones or chairs, and
So much of the surplus revenue, as was not re-  upon benches, couches, or sofas, at entertainments
quired for the purposes of war, was- to be paid by  (Heom. II. ix. 200, Od. xx. 150; Virg. A2en. i. 639,
the treasurer of the revenue into the Theoric fund; 697-700; Ovid. Aiet. xiii. 638; Cic. TusC. v. 21),
of which, after the Archonship of Euclides, special more especially at the nuptials of persons of dismanagers were created.  [THEOKICA.]                 tinction.  Catullus (Argon. 47-220) represents
Lastly, we have to notice the treasurers of the  one to have been so employed, which exhibited the
delmi,  sjsoov'a,uvat, and those of the tribes, (pvxoc   whole story of Theseus and Ariadne.  They were'raeiaa, who had the care of the funds belonging to  even used to sleep upon (Heom. Il. x. 156; Anac.
their respective comnunities, and performed duties  viii. 1, 2; Theocrit. xv. 125; Aristoph. PliLt. 540;
analogous to those of the state treasurers.  The  Virg. Aen. ix. 325, 358), and for the clothing of
demi, as well as the tribes, had their common  horses.  (Acn. vii. 277.)  The tapestry used to
lands, which were usually let to farm.  The rents  decorate the bier and catafalque at the APOTHEOSIS
of these formed the principal part of their revenue. of a Roman Emperor was interwoven with gold.
4'Aapxos, 8iuapXoq, and other local functionaries  (Herodian, iv. 2, p. 82, ed. Bekker.) The orientals
were appointed for various purposes; but with re-  upon  occasions of state  and  ceremony  spread
spect to their internal economy we have but scanty  carpets both over their floors and upon the ground.
information. (Schdmann, (de Comit. pp. 371-378,  (Aeschyl. Agnae. 879 —936; Athen. iv. p. 131, b.,
Ant. Jnzr. pubbl. Gr. pp. 203, 204.)  [C. R. K.]    xii. p. 514, c.)
TAPES dr TAPE'TE  (Non. Marcell. p. 229,    Besides the terms which have nowbeen explained,
ed. Merceri), da'rdsr, Ta7ris, or daarns, dim7z. 8asriasov,  the same articles of domestic furniture had denoa piece of tapestry, a carpet.                      minations arising from  the mode of using them,
The use of tapestry was in very ancient times  either in the TRICLINIUsM  (triclisniaeria Babylonica,
characteristic of Oriental rather than of European  Plin. H. AT. viii. 48. s. 74) or in the CunBIcuLur
habits (Athen. ii. p. 48, n.); we find that the  (cubicularia polymita,  Mart. xiv. 150), and espeAsiatics, including the Egyptians and  also the  cially from the constant practice of spreading them
Carthaginiains, who were of Asiatic origin, excelled  out (lextile stragnlum, Cic. Tuse. v. 21.; stratum,
in the maiiufacture of carpets, displayed them  on  C. Nepos, Ages. viii. 2; vestis stragula, Liv. xxxiv.
festivals and other public occasions, and gave them   7; Her. Sat. ii. 3. 1118; erpwwu/aLe, Plit. Lycurg.
as presents to their friends. - (Xen. Anab. vii. 3. p.. 86, ed. Steph.; Athen. iv. p. 142, a., o"rp&c6a'ra,
~ 18t, 27.)  They were nevertheless used by the  ii. p. 48, d.).  The Greek term peristromea, which
Greeks as early as the age of Homer (Il. xvi. 224,  was transferred into the Latin (Diog. Laert. 1. c.;
xxiv. 230, 645, Od. iv. 298, vii. 337), and by  Plaut. Stick. ii. 2. 54; Citc Phil. ii. 27), had a




1098               TEGULA.                                          TEGULA.
special signification, meaning probably a coverlet  sede the old roofing material. (Plin. 11. N. xvi. 10.
made so large as to hang round the sides of the  s. 36; Niebuhr, Hist. of Rome, vol. iii. p. 559.)
bed or couch.                          [J. Y.]       Tiles were originally made perfectly flat, or with
TAPHUS (radqpos).  [FUNUS, p. 556, a.]          nothing more than the hook or nozle underneath
TARENTI'NI LUDI. [Luvn   SAECULARES.]  the upper border, which fulfilled the purpose of
TARRHUS (raao's).  [NAVIS, p. 788, a.]    fixing them  upon the rafters.  They were afterTAURII LUDI.  [LuDI SAECULARES.]                wards formed with a raised border on each side, as
TAXIARCHII ('raitapXoi),were military officers  is shown in the annexed woodcut representing the
at Athens, who were next in rank to the Strategi.  section of four of the tiles remaining at Pompeii.
[STRATEGUS.] They were ten in number like the
strategi, one for each tribe, and were elected in the
same way, namely by XeLporovia. (Dem. Philip. i.     K     A               _ _            _      d
p. 47; Pollux, viii. 87.) In war each commanded
the infantry of his own tribe (Dem. ia Boeot. p.
999; Aesch. de Fals. Leg. p. 333), and theywere 
frequently called to assist the Strategi with their.
advice at the war-council. (Thucyd. vii. 60.) In
peace they assisted the Strategi in levying and
and they seem to have also assisted the latter in
the discharge of many of their other duties.
The Taxiarchs were so called from  their commanding rdeeIs, which were the principal divisions
of the hoplites in the Athenian army.  Each tribe                    Io,wA     Y l
(OtrhA) formed a TadLS,, whence we find PvXu,  used
as synonymous with Tda'Ls.  (Lys. in Agorat. pp.    In order that the lower edge of any tile might
498, 501.)  As there were ten tribes, there were  overlap the upper edge of that which came next
consequently in a complete Athenian army ten  below  it, its two sides were made to converge
rd4EIS, but the number of men contained in each  downwards.  See the next woodcut representing
would of course vary according to the importance  a tiled roof, from a part of which the joint-tiles are
of the war.  Among the other Greeks the Trcidt  removed in order to show the overlapping and the
was the name of a much smaller division of troops.  convergence of the sides.  It was evidently necesThe AhXos among the Athenians was a subdivision  sary to cover the lines of junction between the
of the rdais, and the Aoxayoi were probably ap-  rows of flat tiles, and this was done by the use of
pointed by the taxiarchs.  (Sch/mann, Ant. Juo.  semicylindrical tiles called imbrices.  The above
pzubl. Graec. p. 253, &c.)                         woodcut shows the section of three imbrices found
TAXIS (           [ar4S).  [TAXIA4RCII.]        at Pompeii, and indicates their position relatively
TECTOR, TECTO'RIUM  OPUS. [PARIES,  to the flat tiles.  This is also shown in the next
p. 870, a.]                                        woodcut.'The roof, by the exact adaptation of
TEIGULA (tcepauos, dime. IEpads~, Xen. Hellen.
vi. 5. ~ 9), a roofing-tile. Roofing-tiles were originally made, like bricks, of baked clay (-yis 07'riTs).
Byzes of Naxos first introduced tiles of marble
about the year 620 B. c. (Pans. v. 10. ~ 2.)  Besides the superior beauty and durability of the
material, these tiles could be made of a much
larger size than those of clay. Consequently, when   7,-.
they were employed  in the construction of the
greatest temples, such as that of Jupiter at Olympia
(Paus. 1. c.), the Parthenon at Athens, and the
Serapeium  at Puteoli, their dimensions were in
exact proportion to the other parts of the building   ~
and the effect of the parallel rows of joint-tiles
descending from the ridge to the eaves, and terminated by ornamental frontons, with which the lions'heads (capita leonigza, Vitruv. iii. 5. ~ 15; XoNXpal, the broad tegulae and the narrow imbrices throughHorapoll. Hier. i. 21) over the cornice alternated, out its whole extent, became like one solid and
was exceedingly grand and beautiful. How highly  compact frame-work. (Xen. eisem. iii. 1. ~ 7; conthis invention was prized by the ancients is proved  fringit tegzulas imsbricesque, Plaut. Most. i. 2. 28
by the attempt of the Roman censor Q. Fulvius  Plin. II. N. xxxvi. 22. s. 44.)  The rows of jointFlaccus to despoil the temple of the Lacinian Juno  tiles divided the roof into an equal number of
of some of its marble tiles (tegulae marmnoreae), in  channels, down which the water descended into
order to adorn another temple which he had vowed  the gutter (canalis) to be discharged through opento erect in Rome.  (Liv. xlii. 4; Val. Max. i. 1. ings made in the lions'-heads, the position and ap~ 20.)  A  still more expensive and magnificent  pearance of which are shown in the woodcuts,
method of roofing consisted in the use of tiles  The rows of flat tiles termrinated in a variously
made of bronze and gilt.  (Plin. H. N. xxxiii. 3. ornamented front, which, rose immediately above
a. 18.)                                           the cornice, and of which four specimens are shown
At Rome the houses were originally roofed with  in the first woodcut. The first and fourth patterns
shingles, and continued to be so down to the time  are drawn from  tiles found at Pompeii, and the
of the war with Pyrrhus, when tiles began to super-  two internal from  tiles preserved in the British




TELA,                                              TELA.                   1 09.
iMluseum and brought thither from Athens.  The  the productions of their skill (Cato, de Re Rust.
lions'-hlieads upon the third and fourth are per-'135), yet every considerable domestic establishforated.   [ANTEFIXA.]   The frontons, which  ment, especially in the country, contained a loom
were ranged along the cornice at the termination  (Cato, de Re Rust. 10, 14) together with the whole
of the rows of joint-tiles, were either painted or apparatus necessary for the working of wool (lanisculptured  so as to represent leaves, aplustria  fci, umraAeie, rra a, haovp-yia).  (Hesiod, Op. et
[APLUSTRE], or masks.  The first woodcut shows  Dies, 779; Virg. Geooy. i. 285,294.) [CALATHUS.]
three examples of such frontons, which belong  These occupations were all supposed to be carried
to the Elgin collection in the British Museum.  on under the protection of Minerva, specially denoThey are drawn on a much larger scale than the  minated'Ep-yda'v, who was always regarded in this
other objects in the same woodcut.  The invention  character as the friend and patroness of industry,
of these graceful ornaments is ascribed to Dibutades  sobriety, and female decorum. (Serv. in Virg. Eel.
of Corinth.  (Plin. H. N. xxxv. 12. s. 43.)        vi. 3.)
Other highly curious details upon the tiled roofs    When the farm  or the palace was sufficiently
of Greek temples may be seen in thei Unedited  large to admit of it, a portion of it called the io-Wv'Antiquities of Attica, Lon. 1817.                (histones, Varro, de Re Rust. i. 2) or textrinum, was
The same arrangement of tiles which was placed  devoted to this purpose.  (Cic. Verr. iv. 26.) The
round a temple was also to be found within a house  work was there principally carried on by female
which was formed with an opening in the centre.  slaves (quasillarzae, a'7 epeoe, Theocrit. xv. 80;
Hence any person who descended from  the roof Hom. Od. i. 356-360, vii. 235, xxi. 350) under
into the open court or impluvium of a house, was  the superintendence of the mistress of the house,
said to pass " through the tiles " (per tegulas, Ter. who herself also together with her daughters tools
Eun. iii. 5. 40; compare Gellius, x. 15;  iLd C-s, Vpart in the labour, both by instructing beginners
If EpaAwY, St. Luke, v. 19).                       and by finishing the more tasteful and ornamental
Pliny mentions a kind of tiling under the name  parts. (Vitruv. vi. 7. p. 164, ed. Schneider; Sympavonaceum (H. N. xxxvi. 22. s. 44), so called pro-  machus, Lpist. vi. 40.) But although weaving was
bably because the tiles were semicircular at their  employed in providing the ordinary articles of
lower edge, and overlapped one another like the  clothing among the Greeks and Romans from the
feathers in the train of a peacock.  Ancient se-  earliest times, yet as an inventive and decorative'pulchires and urns, made in the form of small temples  art, subservient to luxury and refinement, it was
[FUNuS], often represent very exactly the ap-  almost entirely Oriental. Persia, Babylonia, Egypt,
pearance of a roof with the above-mentioned va-  Phoenicia, Phrygia, and Lydia, are all celebrated
rieties in the form of the tiles.      [J. Y.]    for the wonderful skill and magnificence displayed
TEICIOPOEUS  (reLXosrow's).  Among the  in the manufacture of scarfs, shawls, carpets and
various persons to whom was entrusted the ma-  tapestry. [CHLAMYS, PALLU M, PEPLUM9 TAPES.]
_ragement of public works at Athens (ne7-raTal    Among the peculiarities of Egyptian manners
4meoo.Iwcv ip-oyv), were those whose business it was  HIerodotus (ii. 35; compare Athen. ii. p. 48, b) mento build and keep in repair the public walls.  It is  tions that weaving was in that country the employneedless to observe how important to the city of ment of the male sex.  This custom still continues
Athens were her walls and fortifications, more  among some Arab and negro tribes.  (Welsted,
especially the long walls, which connected the  Travels, vol. i. p. 123; Prichard, Researches, vol.
upper city with the Peiraeeus, and which gaveit the  ii. p. 60, 3d edit.)  Throughout Europe, on the
advantages of an island.  These were maintained  other hand, weaving was in the earliest ages the
at'considerable, expense.  The'eiXosrolot appear  taskc of women only.  The matron, assisted by her
to have been elected by Xeipovosia, one from each  daughters, wove clothing for the husband and the
tribe, and probably for a year.  They were con-  sons. (Colum. de Re Rust. xii. Praef; Plin. H. N.
sidered to hold a magisterial office (apX4), and  viii. 48. s. 74; Herod. ix. 109.)  This domestic
in that capacity had an  iyeuIovla 36Kae7Tpiov. custom gives occasion in the works of the epic and
Aeschines calls them  E7rwLTdTaL ToOV LEyieYTOV  7V'  tragic poets to some very interesting denomisuens and
EpyePv. Funds were put at their disposal, for which  expressions of affection'between near relations. Inthey had their treasurer (aJlsias), dependent on  deed the recognition, or'Avay1VCpl0ns, as Aristotle
the treasurer of the revenue.  They were liable to  calls it (de An4t.  Poet. 6. ~ 18, 14. ~ 21), often
render an account (eiOU0hv) of their management of depends on this circumstance. Thus Creusa proves
these funds, and also of their general conduct, like  herself to be the mother of Ion (Eurip. Ion, 1416,
other magistrates. The office of TreLX07roLos has been  1417) by describing the pattern of a shawl which
invested with peculiar interest in modern times, on  she had made in her youth, and in which she had
account of its having been held by Demosthenes,  wrapped her infant son.  Iphigenia recognises her
and its having given occasion to the famous prose-  brother Orestes on one occasion (Eurip. Ipls. in
cution of Ctesiphon, who proposed that Demosthenes  Taur. 814-817), and Electra recognises him on
should receive the honour of a crown before he had  another (Aeschyl. Clhoep. 225) by the figured
rendered his account according to lawv.  As to the  clothing which he wore, and which they had long
nature of the office, and the laws thereto relating, before woven for him.
we may probably rely upon the account given by    Besides the shawls which were frequently given
Aeschines. (Aesch. c. Ctlesiph. 55-57, ed. Steph.;  to the temples by private persons, or obtained by
B3ickh, Publ. Econ. of Athens, pp. 170, 203, 2d  commerce with foreign nations, companies or coled.)                                [C. R. K.]   leges of females were attached to the more opulent
TELA (1oro's), a loom. Although weaving was  temples for the purpose of furnishing a regular supamongst the Greeks and Romans a distinct:trade  ply.  Thus the sixteen women, who lived together
carried on by a separate class of persons (vipdvTat, in a building destined to their use at Olympia,
teatores and textrices, linteones), who more particu-  wove a new shawl every five years to be displayed
larly supplied the inhabitants of the towns with  at the games which were then celebrated in honour




1100                 TELA.                                            TELA.
of Hera, and to be preserved in her temple. (Paus.  cut, and compare Aen. vii. 14: apeud majores stantea
v. 16. ~ 2-4, vi.24. ~ 8.) [HERAEA.]  A similar texebant, Servius in loc.; Heom. Od. x. 222.)  Al.
college at Sparta was devoted to the purpose of though the upright loom  here exhibited was in
weaving a tunic every year for the sitting statue  common use, and employed for all ordinary purof the Amyclean Apollo, which was thirty cubits  poses, the practice, now  generally adopted, of
high.  (Paus. iii. 16. ~ 2, 19. ~ 2.)  At Athens  placing the warp in an horizontal position was octhe company of virgins called ipynacrr'7aL or ipyaicym, casionlally resorted to in ancient times; for the
and doppcpnJ'pot, who were partly of Asiatic extrac-  upright loom (slans tela, 0r-Tos pOmLos), the managetion, wove the shawl which was carried in the Pa-  ment of which required the female to stand and
nathenaic procession  and which represented the  move about, is opposed to another kind at which
battle between the gods and the giants.  (Eurip. she sat.  (Artemidor. iii. 36; Servius, 1. c.)
Hec. 461-46.9; Vlrg. Ciris, 21 —35.) [ARRaaHE-    We observe in the preceding woodcut about the
PHOR1A; PANATHENAEA.]  Asimilar occupation  middle of the apparatus -a transverse rod passing
was assigned to young females of the highest rank  through the warp.  A  straight cane was well
at Argos.  (Eurip. Iplp. in Taus. 213-215.)  In  adapted to be so used, and its application is clearly
the fourth century the task of weaving began to  expressed by Ovid in the words " stamen secernit
be transferred in Europe from women to the other arundo." (lliet. vi. 55.)  In plain weaving it was
sex, a change which St. Chrysostom  deplores as a  inserted between the threads of the warp so as to
sign of prevailing sloth and effeminacy. (Orat, 34. divide them into two portions, the threads on one
vol. iii. p. 470, ed. Saville.)  Vegetius (de Re Il1il. side of the rod alternating with those on the other
i. 7), who wrote about the same time, mentions  side throughout the whole breadth of the warp.
linteones, or the manufacturers of linen cloth, in the  The two upright beams supporting the jugum, or
number of those who were ineligible as soldiers.    transverse beam, from  which the warp depends,
Every thing woven consists of two essential parts, were called KehAefres (Theocrit. xviii. 34), and
the warp and the woof, called in Latin Stcamen and  lor7droaes, literally, " the legs of the loom." (EusSmbteynmecz, Subtemen, or Tranma (Vitruv. x. 1;  tath. in Homn. Od. xiii. 107.)
Ovid. lMet, iv. 397; Plin. H. N. xi. 24. s. 28;    Whilst the improvements in machinery have to
Pers. Sat. vi 73), in Greek aT7/etcov and Kcpoec. a great extent superseded the use of the upright
(Plato, Polit. pp. 297, 301, 302, ed. Bekker; loom in all other parts of Europe, it remains almost
Aelian, H. A. ix. 17; Plut. de Is. et Osir. p. in its primitive state in Iceland.  The following
672.)  Instead of KPOKC  Plato (Leg. v. p. 386, woodcut is reduced from an engraving of the Iceed. Bekker) sometimes uses Epnqto, and in the  landic loom  in Olaf Olafsen's Econosmic Tour in
passages referred to he mentions one of the most that island, published in Danish at Copenhagen,
important differences between the warp and the' A. D. 1780.  We observe underneath the jugum a
woof: viz. that the threads of the former are strong  roller (dMlov, Pollux, vii. x. ~ 36; Eustath. in
and firm in consequence of being more twisted in  lirom. Od. xiii. 107) which is turned by a handle,
spinning. whilst those of the latter are compara- and on which the web is wound as the work adtively soft and yielding.  This is in fact the diffe- vances.  The threads of the warp, besides being
rence which in the modern silk manufacture dis-  separated by a transverse rod or plank, are divided
tingmuishes orannzine from tram, and in the cotton  into thirty or forty parcels, to each of which a
manufacture twist from  weft.  Another name for  stone is suspended for the purpose of keeping the
the woof or tram was po3da'v. (Hom. Batr. 181; warp in a perpendicular position and allowing the
Eustath. in Horn. Il. xxiii. 762, Od. v. 121.)    necessary play to the strokes of the spatha, which
The warp was called stamen in Latin (from  is drawn at the side of tile loom.  The mystical
stare) on account of its erect posture in the loom. ode written about the eleventh century of our era,
(Varro, L. L. v. 113, ed. Miiller.) The corresponding Greek term  Cars7T ao and likewise Lato's have
evidently the same derivation.  For the same reason the very first operation in weaving was to set
up the loom, ionIV  cro-T'aaoOma (Hom. Od. ii. 94;
Hesiod, Op. et Dies, 779); and the web or cloth,
before it was cut donwn or "descended" from the( (
loom  (Kac'ea dp' lo0"c, Theocrit. xv. 35), was           o -
called'"vestis pendens," or "pendula tela" (Ovid,
Mlet. iv. 395, Epist. i. 10), because it hung from
the transverse beam or JUaGUmc.  These particulars
are all clearly exhibited in the picture of Circe's
loom, which is contained in the very ancient illuminated MS. of Virgil's Aeneid preserved at Rome
in the Vatican Library. (See the annexed wood-  c    _./ —c    - —;_'!tir i~




TELA.                                            TELA.                    110o
with which Gray has made us flamiliar in his trans-  according to the complexity of the pattern, which
lation, and which describes the loom of "the Fatal  was called bilix or trilix (Mart. xiv. 143), birYTos,
Sisters," represents warriors' skulls as supplying  Trp/L'oMs (Crat. Jun. Frabg. p. 103, ed. Runkel), or
the place of these round  stones (pondera, Sen.  7ro;vtssrros  (Per. Aliar. Eryth. pp. 164, 170, 173,
Epist. 91; Plin. HI. AN. c.). The knotted bundles  ed. Blancardi), according as the number was two,
of threads, to which the stones were attached, often  three, or more.
remained after the web was finished in the form of    The process of annexing the leashes to the warp
a fringe.  [FIMBRIAE.]                             was called ordiri telam? (Plin. H. N. xi. 24. s. 28),
Whilst the: comparatively coarse, strong, and  also liciac telae addere, or adnectere. (Virg. Georg. i.
much-twisted thread designed for the warp was  285; Tibull. i. 6. 78.) It occupied two women at
thus arranged in parallel lines, the woof remained  the same time, one of whom took in regular succesupon the spindle [Fusus],    forming a spool, bobbin, sion each separate thread of the warp and handed
or pen (sr~vil, dinz. 7rriltov, Hem. I1. xxiii. 762; it over to the other; this part of the process was
Eurip. Hlec. 466).   This was either conveyed  called 7rapapdpeLv, vrapabIGoYal, or 7rpopopeerOat,.
through  the warp without any additional con-  (Schol. io Aistoplh.Av.4; Suidas, Hesychius, s. v.)
trivance, as is still the case in Iceland, or it was  The other woman, as she received each thread,
made to revolve in a shuttle (rauvoskicos, Hesych. passed it through the loop in proper order, and this
s. v.  Ilipoov: radius, Lucret. v. 1352).  This was  act, which we call "entering," was called in Greek
made of box brought from the shores of the Euxine,  &ac3, eOats.  (Schol. ion ioesz. Od. vii. 107.)
and was pointed at its extremities, that it might    Supposing the warp to have been thus adjusted,
easily force its way through the warp. (Virg. Aen. and the pen or the shuttle to have been carried
ix. 476; Ovid. Miet. iv. 275, vi. 56, 132, Fast.  through it, it was then decussated by drawing foriii. 879.)  The annexed woodcut shows the form   wards the-proper:rod, so as to carry one set of the
in which it is still used in some retired parts of our  threads of the warp across the rest, after which the
island for common domestic purposes, and which  woof was shot back again, and by the continual remay be regarded as a form  of great antiquity.  petition of this process the warp and woof were
An oblong cavity is seen in its upper surface,  interlaced.  (Plutarch, vii. sap. cony. p. 592, ed.
which holds the bobbin.  A  small stick, like a  Reiske; Hom. II. xxiii. 760-763.)  In the prewire, extends through the length of this cavity.  ceding figure of the Icelandic loom we observe two
and enters its two extremities so as to turn freely.  staves, which are occasionally used to fix the rods
The small stick passes through a hollow cane, in such a position as is most convenient to assist
which our manufacturers call a quill, and which  the weaver in drawing her woof across her warp.
After the woof had been conveyed by the shuttle
through the warp, it was driven sometimes downwards, as is represented in the first woodcut, but
more commonly upwards as in the second.  (Isid.
Or~]q. xix, 22; Herod. ii. 35.)  Two different instruments were used in this part of the process.
The simplest and probably the most ancient was in
is surrounded by the woofi This is drawn through  the form of a large wooden sword (spatha, a7rd'Os
a round hole in the front of the shuttle, and, dims. 7ra0i0ov,, Brunck, Anal. i. 222; Plato, Lysis,
whenever the shuttle is thrown, the bobbin re-  p. 118; Aesch. Choeph. 226).  From  the verb
volves and delivers the woof through this hole.  erraOdtc, to beat with the spatha, cloth rendered
The process of winding the yarn so as to make  close and compact by this process was called areait into a bobbin or pen, was called v7rvi erOa,  Osjres. (Athen. xii. p. 525, d.)  This instrument
(Theocrit. xviii. 32) or dvaa'7ril'eoOae.  (Aristot.  is still used in Iceland exactly as it was in ancient
HI. A. v. 19.)  The reverse process by which it  times, and a figure of it copied from Olafsen, is
was delivered through  the hole in front of the  given in the second woodcut.
shuttle (see the last woodcut) was called  Ktrsvtl-    The spatha was, however, in a great degree
eoEOal. Hence the phrase E7r7vte71E aL,'aUra means  superseded by the comb (pectens, tcepis), the teeth
lie shall disgorge these things."  (Aristoph. Rzan.  of which were inserted between the threads of the
586; Schol. in loc.)                              warp, and thus made by a forcible impulse to drive
All that is effected by the shuttle is the con-  the threads of the woof close together. (Ovid. Fast,
veyance of the woof across the warp.  To keep  iii. 880, Met. vi. 58; Juv. ix. 26; Virg. Aesn.
every thread of the woof in its proper place it is  vii. 14; H1om. 1. xxii. 448; Aristoph. Aves, 832;
necessary that the threads of the warp should be  Eurip. Ion, 509, 760, 1418, 1492.) It is probable
decussated- This was done by the leashes4 called  that the teeth were sometimes made of metal (Hom.
in Latin licia, in Greek  itd'roe  (isrTos, Hem. 11.  Od. v. 62); and they were accommodated to the
xxiii. 762).  By a leash we are to understand a  purpose intended by being curved (pectinis unci,
thread having at one end a loop, through which a  Claudian, in Eutrop. ii. 382), as is still the case in
thread of the warp was passed, the other end being  the combs which are used in the same manner by
fastened to a straight rod called Liciatorium?, and in  the Hindoos.  Among us the office of the comb is
Greek Kavcb'v. (Aristoph. Thesm. 829.) The warp,  executed with greater ease and effect by the reed,
having been divided by the arundo, as already  lay, or batten.
mentioned, into two sets of threads, all those of the    The lyre [LYRas], the favourite musical instrusame set were passed through the loops of the cor-  ment of the Greeks, was only known to the Roresponding set of leashes, and all these leashes  mans as a foreign invention.  Hence they appear
were fastened at their other end to the same wooden  to have described its parts by a comparison with
rod, At least one set of leashes was necessary to  the loom, with which they were familiar.  The
decussate the warp, even in the plainest and sim-  terms jugunz and stamina were transferred by an
pleat weaving.  The number of sets was increased  obvious resemblance from the latter to the former




1102                 TELA.                                          TELONES.
object; and, although they adopted into their own  manner of inserting them  into the warp.  The
lang.uage the Greek word plectrunm (Ovid. AMet. xi.  terms bilix and 31tsLros, the origin of which has
167-170), they used the Latin PECTEN to denote  been explained, probably denoted what we call
the same thing, not because the instrument used  dimlity or tweeled cloth, and the Germans zwillich.
in striking the lyre was at all like a comb in shape  The poets apply trilixc which in German has beand appearance, but because it was held in the  come drillicl, to a kind of armour, perhaps chainright hand anld inserted between the stamina of the  mail, no doubt resembling the pattern of cloth,
lyre as the comb was between the stamina of the  which was denoted by the same term.  (Virg.
loom.  (Virg. Aen. vi. 647; Juv. vi. 290-293;  Aen. iii. 467, v. 259, vii. 639, xii. 375; Val.
Pers. vi. 2.)                                      Flaccus, iii. 199.)  In the preceding figure of the
After enumerating those parts of the loom which  Icelandic loom the three rods with their leashes
-were necessary to produce even the plainest piece  indicate the arrangement necessary.for this texture.
of cloth, it remains to describe the methods of pro-  All kinds of damask were produced by a very
ducing its varieties, and more especially of adding  complicated apparatus of the same kind (plurimis
to its value by making it either warmer and svter,  liciis), and were therefore called Polymita. (Plin.
or more rich and ornamental. If the object was to  HI. N. viii. 48. s. 74; Mart. xiv. 1] 50.)
produce a checked pattern (sctZelis dividere, Plin.    The sprigs or other ornaments produced in the
H. N. viii. 48. s. 74; Juv. ii. 97), or to weave  texture at regular intervals were called flowers
what we should call a Scotch plaid, the threads of (&ivO0, Philostr. Izmag. ii. 28; pspova, Hoem. II. xxii.
the warp were arranged alternately  black and  440) or feathers (plumnae). Another term, adopted
white, or of different colours in a certain series  with reference to the same machinery, was EitLcLaccording to the pattern which was to be exhibit-  rov or EdiaJLTov, denoting velvet.  In the middle
ed.  On the other hand, a striped pattern (pa~cow- ages it became  adLsstor, and thus produced the
Tos, Diod. Sic. v. 30; virgata sagula, Virg. Aen.  German samzneet.
viii. 660) was produced by using a warp of one    The Fates are sometimes mentioned by classical
colour only, but changing at regular intervals the  writers in a manner very similar to the description
colour of the woof.  Of this kind of cloth the Ro- of "the Fatal Sisters" above referred to.  (Dirca
man trabea (Virg. Aen. vii. 188) was an example. sororum licia, Stat. Ach7ill. i. 520; fctorum 4iiexChecked and striped goods were, no doubt, in the  tricabiliter contorta licia, Apul. Met. xi.)
first instance, produced by combining the natural    As far as we canl form a judgment from the lanvarieties of wool, white, black, brown, &c. [PAL-  guage and descriptions of ancient authors, the proI.ITM.]  The woof also was the medium, through  ductions of the loom appear to have fallen in anwhich almost every other diversity of appearance  cient times very little, if at all, below the beauty
and quality was effected.  The warp as mentioned  and variety of the damasks, shawls, and tapestry
above was generally more twisted, and consequently  of the present age, and to have vied with the
stronger and firmer than the -woof: and with a  works of the most celebrated painters, representing
view to the same object different kinds of wool first mythological, and afterwards scriptural subwere spun for the warp and for the woof.  The  jects.  In addition to the notices of particular
consequence was, that after the piece was woven, works of this class, contained in the passages and
the fuller drew  out its nap by carding, so as to  articles' which have been already referred to, the
make it like a soft blanket (Plato, Polit. p. 302)  following authors may be consulted for accounts of
[FULLO]; and, when the intention was to guard  some of the finest specimens of weaving: Euripid.
against the cold, the warp was diminished and the  Ion, 190-202,1141-1165;Aristot. Mir. Auscult.
woof or nap (sKPs, KrpOVS) made more abundant  99; Athen. xii. p. 541; Asterii,  onomilia de Div.
in proportion. (Hesiod. Op. et Dies, 537; Proclus  et Laz.; Theod. Prodrom. RhZod. et Dos. Amor. ad
ad loc.)  In this manner they made the soft fin.; Virg. Aen. v. 250-257, Cir. 21-35; Ovid.
XAal/a or LAENA  [PALLIUM].  On the other  l3Iet. vi. 61-128; Stat. T/leb. vi. 64, 540-547;
hand a woof of finely twisted thread ( zrpsov) pro- Auson. Epig. 26; Lamprid. Heliog. 28; Claudian,
duced a thin kind of cloth, which resenbled our de VI. Conss.. Honor. 561-577, in;SStilich. ii. 330buntine (lacernae nimia subteminnum tenuilate per-  365.                                  [J. Y.1
slabiles, Amm. Marcell. xiv. 6). Where any kind    TELAMO'NES.  [ATLANTEs.]
of cloth was enriched by the admixture of different    TE'LETAE (eXet-ra).  [MYSTERIA.]
materials, the richer and more beautiful substance    TELO'NES (TeAC;Sv1s).  Most of the taxes at
always formed part of the woof.  Thus the vestis  Athens were farmed by private persons, who took'
sabserica, or tr-amoserica, had the train of silk. upon themselves the task of collecting, and mades
[SERICUM.]  In other cases it was of gold (Virg. periodical payments in respect' thereof to the state.
Aen. iii. 483; Servius in loc.); of wool dyed with  They were called by the general name of'eAcLVal,
Tyrian purple (Ovid. VIfet. vi. 578; Tyrio subteg-  while the farmers of any particular tax -were called
smine, Tibull. iv. 1. 122; picto slbteymine, Val. Flacc.  escoorCowat, 7revTs7scr,oToAoyoL, &c.,as the case might
vi. 228); or of beavers'-wool (vestis fibrina, Isid. be. The duties were let by auction to the highest
Orig. xix. 22). Hence the epithets )oieIrd'rpoios, bidder.  Companies often took them  in. the name
"having a purple woof" (Pind. 01. vi. 39,: ed.  of one person, who was called dpXdvc-s or -reAcwrEickh; Schol. in loc.), dvOoscpdKos, " producing a  dpXrls, and was their representative to the state.
flowery woof" (Furip. Hec. 466), XpvUooErnv,'-ros, Sureties were required of the farmer for the pay" made from  bobbins or pens of gold thread"  ment of his dues. The office was frequently under(Eurip. Orest. 829), eutrsvos, c" made with good  taken: by resident aliens, citizens not liking it, on
bobbins" (Eurip. Iph. in Taur. 814, 1465)1 KIEPKils  account of the vexatious proceedings to which it
rolciXXo6aa, "variegating with the comb." (Eurip.  often led.  The farmer was armed with consilph. in Taut. 215), &c.                           derable powers; he carried with him  his books,
But besides the variety of materials constituting  searched for contraband  or uncustomed  goods,
the woof, an endless diversity was effected by the  watched the harbour, markets and other places, to




TELOS.                                         TEMENOS.                   1103
prevent smuggling, or unlawful and clandestine  by the subject states, thinking to raise by this
sales; brought a (pao's or other legal process  means a larger income than by direct taxation.
against those whom he suspected of defrauding the  [EIcosTE.]
revenue; or even seized their persons on some oc-    A duty of ten per cent. (8eIdraT) on merchancasions, and took them before the magistrate. To  dise passing into and from the Euxine Sea was
enable him to perform  these duties, he was ex- established for a time by Alcibiades and other
empted from military service. Collectors (CX0oeyess) Athenian generals.  [DECUMAE.]  This may be
were sometimes employed by the farmers; but regarded as an isolated case.  In general, where
frequently the farmer and the collector were the   Fdcatra  are mentioned among the Greeks, they
same person.  (Biickh, Publ. Econ. of Athens, p. denote the tithes of land; such as the Persian
335, &c., 2d ed.):                               Satraps collected from conquered countries, or such
The taxes were let by the Commissioners, acting  as tyrants exacted of their subjects for the use of
under the authority of the Senate.  [POLETAE.]  land held under them as lords of the whole country.
The payments (Karageohal r'eovs) were made by  For instance, Peisistratus took a tithe of this kind,
the farmer on stated Prytaneias in the Senate-  which was reduced by his sons to a twentieth.
house.  There was usually one payment made in  The state of Athens held the tithe of some lands;
advance, 7rpoclxaTaeoAj, and one or more afterwards, other tithes were assigned to the temples or service
called srpooreaercdGXmca. Upon any default of pay-  of the Gods, having been dedicated by pious indiment, the farmer became  rTLqtos, if a citizen, and  viduals, or by reason of some conquest or vow,
he was liable to be imprisoned at the discretion of such as that recorded by Herodotus (vii. 132).
the court, upon an information laid against him.    Other sources of revenue were derived by the
If the debt was not paid by the expiration of the  Athenians from  their mines and public lands,
nlinth Prytaneia, it was doubled; and if not then  fines, and confiscations. The public demesne lands,
paid, his property became forfeited to the state, whether pasture or arable, houses or other buildings,
and proceedings to confiscation might be taken  were usually let by auction to private persons.
forthwith.  Upon this subject the reader should  The conditions of the lease were engraven on stone.
consult the speech of Demosthenes against Timo-  The rent was payable by Prytaneias.  If not paid
crates.  (Schuimann, Ant. Jur. publ. Gr. p. at the stipulated time, the lessee, if a citizen, be317.)                               [C. R. K.]    came adri-os, and subject to the same consequences
TELOS (T'rxos), a tax. The taxes imposed by  as any other state debtor.  As to fines and confisthe Athenians and collected at home were either or- cations, see TeIMEMA.
dinary or extraordinary. The former constituted a    These various sources of revenue produced, acregular or permanent source of income; the latter cording to Aristophanes, an annual income of two
were only raised in time of war or other emer- thousand talents in the most flourishing period of the
gency.  The ordinary taxes were laid mostly upon  Athenian empire.  (Vesp. 660.)  See the calculaproperty, and upon citizens indirectly in the shape  tions of Bickh, Id. p. 433, &c.
of toll or customs; though the resident aliens paid    TeAeV signifies "to settle, complete, or perfect,"
a poll-tax, called c[Teol'caoV, for the liberty of re- and hence "to settle an account," and generally
siding at Athens under protection of the state. " to pay."  Thus Tehos comes to mean any pay[METOECI.] As to the customs and harbour dues, ment in the nature of a tax or duty.  The words
see PENTECOSTE.  An excise was paid on all sales  are connected with zahlen in German, and the old
in the market, called  7rywvLa, though we know not sense of tale in English, and the modern word toll.
what the amount was.  (Harpoc. s. v.'Ercrvia.)  (Arnold, ad Thzuc. i. 58.)  Though qerhos may
And a duty was imposed on aliens for permission  signify any payment in the nature of a tax or
to sell their goods there.  Slave-owners paid a  duty, it is more commonly used of the ordinary
duty of three obols for every slave they kept; and  taxes, as customs, &c.  Te'Xos, reAeh7v is used with
slaves who had been emancipated paid the same. reference to the property-tax, in the sense of being
This was a very productive tax before the fortifi- rated in a certain proportion, or, which is the same
cation of Deceleia by the Lacedaemonians.  (Xe- thing, belonging to a particular class of rate-payers.
noph. de Vectig. iv. 25.) There was also a 7ropVeLc0v  Thus irrcidaa or i7rimroiv'eAEv, or Eis  r7rcisda
rchos, and some others of minor importance, as to  TeNev, means, to belong to the class of knights.
which the reader is referred to Bdckh (Publ. Econ. And the same expression is used metaphorically,
of Athens, p. 333, 2d ed.).  The justice fees without any immediate reference to the payment
(HpvrTavea, riapdeciaasi, &c.) were.a lucrative tax  of a tax.' Thus ses dvspas Tee7v, is to be classed
in time of peace. (Thucyd. vi. 91; Bdickh, Id. p. among adults.  So Zs Bolcowoves reeLv, Herod. vi.
345, &c.)                                          108.'IoerhAela signifies the-right of being taxed
The extraordinary taxes were the property tax  on the same footing, and having other privileges,
(E9ipeopdc), and the compulsory services called hEL- the same as the citizens; a right sometimes granted
~rovpylat.  Some of these last were regular, and  to resident aliens. [METOECI.]'ArTAheea signifies
recurred annually,; the most important, the'rpn7- an exemption from -taxes, or other duties and
papXpa, was a war-service, and performed as occasion  services; an honour very rarely granted by the
required.  As these services were all performed, Athenians.  [ATE-iEIA.]  As to the farming of
wholly or partly, at the expense of the individual, the taxes, see TELONES.  For an epitome of the
they may be regarded as a species of tax.  [EIs- whole subject, see Schumann, Ant. Jar. publ. Gr.
rHoaa; LaITOURGIaA; TRIERARCHIA.]                 p. 314,-&C.                         [C. R. K.]
The tribute (Op'pOL) paid by the allied states to    TE'MENOS (TEer-EOS), a piece of land cut or
the Athenians formed, in the flourishing period of marked off from other -land.  The name was partithe republic, a regular and most important source  cularly applied to a piece of land cut off from the
of revenue.   In B.C. 415 the Athenians sub- public land and appropriated to the support of a
stituted for the tribute a duty of five per cent. king in the heroic age (Hom. I1. vi. 193, vii. 313,
(elKoiTr) on all commodities exported or imported  xx. 184, Od. vi. 293, xi. 183), and likewise to 9




1104              TEMPLUM.                                          TEMPLIJM.
piece of land, cut off from  common uses, and dedi- or sceellum.  [SACRARIUs; SACE.LUMI-.]  Varno
cated to a god.  In Attica, there appears to have  (ap. Gell. xiv. 7. ~ 7) justly considers the ceremony
been a considerable quantity of such sacred lands  performed by the augurs as essential to a temple,
(re/Yqv?), which were let out by the state to farm; as the consecration by the pontiffs took place also
and the income arising from them was appropriated  in other sanctuaries which were not templa, but
to the support of the temples, and the maintenance, mere sacra or aedes sacrae. Thus the sanctuary
of public worship. (Xen. Vectig. iv. 19; Harpocrat. of Vesta was not a tesrplum but an aedes sacra,
s..  drn M0Ow0Ltd'rw,; B6ckh, Publ. Econ. of Athens, and the various curiae  (Hostilia, Pompeia, Julia)
p. 303, 2d ed.)                                    required to be made templae by the augurs before
TEMO.  [ARATRUM; CURRUS.]                       senatusconsulta could be made in them.  In what
TEMPLUM  is the same word as the Greek  manner a templum differed from a delubrsum is more
TebtEYIos, from T-,eA, to cutoff, for tesnplhtm, ac- difficult to decide, and neither the ancient nor mocording to Servius (ad Aen. i. 446), was any place  dern writers agree in their definitions.  Some allwhich was circumscribed and separated by the au- cients believed that delh'uZrnz  was originally the
gurs from the rest of the land by a certain solemn  name given to a place before or at the entrance of
formula.  The technical terms for this act of the  a temple, which contained a font or a vessel with
augurs are liberace and e/fari, and hence a templum  waters by which persons, before entering the temple,
itself is a locus liberatus et effitus.  A place thus  performed a symbolic purification  (Serv. ad Aen.
set apart and hallowed by the augurs was always  iv. 56, ii. 225; Corn. Fronto, quoted by Dacier on
intended to'serve religious purposes, but chiefly for Fest. s. v. Delubrum)n; others state that delubrnum
taking the auguria.  ('" Templum locus an2gs'ii aut was originally the name for a wooden representaacaspicii causa quibusdaon conceptis verbis finitus,"  tion of a god (S',avov), whichl derived its name
Varro, de Ling. Lat. vi. p. 81, Bip.) When Varro  from librumn (the bark of a tree), which was taken
(de Ling. Lat. v. p. 65, Bip.) says that a locus ef-  off (delibrare) before the tree was worked into.a/2us was always outside the city, we must remember  an image of the god, and that hence delubrucn was
that this only means outside the ponzoerium, for applied to the place where this image was erected.
the whole space included within the ponzoerium  (Fest. s. v. Delubsruzm; Massur. Sab. ap. Serv.
was itself a tesnplum, i. e. a place in which auspices ad Aen. ii. 225.)  Hartung (Die iel. d. R'mn. i.
could be taken [POMOaRIvai]; but when they  p. 143, &c.) derives the word delubrum from liber
were to be taken in any place outside the pomoe-  (anciently lubesr), and thinks that it originally
9'ium, it was always necessary for such a place  meant a locus liberatus, or a place separated by the
to be first circumscribed and sanctified by the  augur from the profane land, in which an image of
augur (liberacre:et eteffiri). The place in the heavens a god might be erected, and sacred rites be perwithin which the observations were to be made  formed. Adelubrumn would therefore bea sanctuary.
was likewise called temnplsen, as it was marked out whose chief characteristic was its being separated
and separated from  the rest by the staff of the  from the profane land. But nothing certain can be
augur.  When the augur had defined the templumn  said on the subject. (Comp. Macrob. Sat. iii. 4.)
within which he intended  to make his observa-    After these preliminary remarks, we shall protions, he fixed his tent in it (tahernaculum capere), ceed to give a brief account of the ancient temples,
and this tent was likewise called templmn, or more  their property, and their ministers, both in Greece
accurately, ternpluem  mzinus.  To this sminus telr-  and Rome.  We must, however, refer our readers
plszm we must refer what Servius (ad Aenz. iv. -200)  for a more detailed description of the architectural
and Festus (s. v. minora templa) state, that a temrn- structure of ancient temples to other works, such as
plum was enclosed with planks, curtains, &c., at-  Stieglitz, Archliologie der Bnaukunst, and others,
tached to posts fixed in the ground, and that it especially as the structure of the temples varied
had only one door (exitus).  The place chosen for according  to the divinities to whom  they were
a tesnplsusz  was generally an eminence, and in the  dedicated, and other circumstances.
city it was the arx, where the fixing of a tent does    Temples in Greece.-Temples appear to have
not appear to have been necessary, because here a  existed in Greece from  the earliest times.  They
place called auguraZculum was once for all conse- were separated from the profane land around them
crated for this purpose, (Paul Diac. s. v. Augzura-  (ordrros 81r AXos, or'rd c4~9Ya), because every one
c~lZzmss; comp. Liv. i. 18, iv. 18; Cic. de Oe. iii. was allowed to walk in the latter. (Schol. ad Soph.
16.)                                               Oed. Col. 10.)  This separation was in early times
Besides this meaning of the word tesnplum in  indicated by very simple means, such as a string or
the language of the augurs, it also had that of a  a rope. (Paus. viii. 10. ~ 2.) Subsequently, howtemple in the common acceptation.  In this case  ever, they were surrounded by more efficient fences,
too, however, the sacred precinct within which a  or even by a wall (e'pKcos, 7repi6oAos, Herod. vi.
temple was built, was always a locus liberatus  134; Pollux, i. 10; Paus. passism), the entrance
et effeatus by the augurs, that is, a lesmplzsmsz  or a  to which was decorated, as architecture advanced,
fianunz  (Liv. x. 37; Varro, de Lisyg. Lat. v. p. 65, with magnificent Propylaea [PrOPYvLAEA].  The
Bip.); the consecration was completed by the  whole space enclosed in such a 7repigoAos was called
pontiffs, and not until inauguration and consecra-'T/rcs'oE, or sometimes lepod (Herod. ix. 36, vi. 19,
tion had taken place, could sacra be performed or  with Valckenaer's note; Thucyd. v. 18); and conmeetings of the senate be held in it. (Serv. ad Aen. tained, besides the temple itself, other. sacred
i. 446.)  It was necessary then for a temple to be  buildings, and sacred ground planted with groves,
sanctioned by the gods, whose will was ascertained  &c.  Within the precincts of the sacred enclosure
by the augurs, and to be consecrated or dedicated by  no dead were generally allowed to be buried,
the will of man (the pontiffs). Where the sanction  though there were some exceptions to this rule,
of the gods had not been obtained, and where the  and we have instances of persons:being buried in
mere act of man had consecrated a place to the  or at least near certain temples.  The religious
gods, such a place was only a sacrum, sacrarium, laws of the island of Delos did not allow  any




TEMIPLUM.                                           TEMPLUM.                    1105
corpses to be buried within the whole extent of  iii. 105.)  Tn some cases the cella was not acerstihe island (Thlcyd. iii. 10-1: comlp. Ilerod. i. 64), sible to any humalln being, anlld various stories were
and when this law had been violated, a part of the  related of the calamities that had befallen persons
island was first purified by Peisistratus, anld subse-  who had ventured to cross the threshold.  (Paus.
quently the whole island by the Athenian people.   viii. 52. ~ 3; 10. ~ 2; 38. ~ 2; Soph. Oed. Co.
The temple itself was called recs, and at its en-  37.)  Thi-e diriotlOSojuo was a chamber which had
trance fonts (7rept pavr,'pia) were generally placed, its entrance in the back front of a temple, and served
that those who entered the sanctuary to plray  or to  as a place in which the treasures of the temple
offer sacrifices might first purify themselves. (Pol-  were kept, and thus supplied  the place of the
lax, i. 10; Ilerod. i. 51.)  In the earliest tiiies   e1CavUoP i which were attached  to some temples.
the Greelk temples were either partly or wholly  (Compare    Mtiller, Archiiol. d. Kunst, ~ 288
made of wood (Paus. v. 20. ~ 3; 16. ~ 1, viii. 10. Stieglitz,  1s'ch/iol. der Bauksust, vol. ii. ~ 1;
~ 2), and the simplest of all appear to hlave been  Itirt, Lehse der Gebiiude, ~ 1; Biickh, ad' Corp.
thle eq-1co, which were probably nothing but hlollow  Itscri/pt. pp. 264, &c.)
trees il which the image of a god or a hero was    We  now proceed to describe the classification
placed as in a niche (HIesiod. Frascn. 54, ed. GCitt-  of temples, both Greek and Roman, the latter being
ling; Schol. ad Sopgh. T ach. 1l169 ); for st temple  chiefly imlitated from the former. They were either
was originally nlot illtended as a receptacle for wvor-  quadrangular or circular.
shippers, but simply as an habitationl for tle deity.    Quadranigsular Tesiples were described by the
The act of conisecration,  by which it temple was  followvilng terms, according to the nlumber and ardedicated to a god, was called'~puvorl.  The cllha-  rangement of the columns on the fronts and sides.
racter of the early Greek temples was dark and          1. AoervXos, astyle, without any columns. (Leo.
mysterious, for they had no wiildows, and they  iidas Tarent. in, Brunck, Ainal. vol. i. p. 237; Plin.
received light through the door, which was very  tI. N. xxxiv. 8.)
large, or from lamps burning in thlelm.  Vitruvius    2.'Em 7rapaa'rdi(, ils antis, with two columns in
(iv. 5) states that the entrance of Greek temples  front between the antae.  (Pind. 01. vi. 1.)
was always towards the west, but most of the            3. nlpo'rvuAos, prostyle, with  four columns in
temples still extant in Attica, Ionia, and Sicily  front.
have their entrance towards the east. Architecture,    4.'Ayqrp'doTvAos,  ai7)hisp/'ostyle, with  four
however, in the construction of magnificent temples,  columns at each end.
made great progress even at an earlier time than        5. fleplm'repo  or dptflKtiJv (Sophi. Ant. 285),
either painting or statuary, and long before the  peripieeral, with columns at- each end and along
Persian wars we hear of temples of extraordinary  each side.
graindeur and  beauty.  All temples were built    6. Airrepos, dipteral, with two ranges of columns
either in an oblong or round form, and were mostly  (srrepa) all round, the one within the other.
adorned with columns.  Those of an oblong form          7. WTteuaforTrpos, pseudodipteral, with one range
had columns either in the front alone, in the fore  only, but at the suame distance from  the walls of
and back fronts, or on all the four sides.  Ite-  the cella as the outer range- of a 8t7rTrpos.
specting the original use of these porticoes see        To these msust be added a sort of sham invented
PORTICUS.  The classification of temples, according  by the Roman architects, namely:
to the number and arrangement of their columns,    8.'TevouorepiSrrepos, pseuldoperipteral (Vitruv. iv.
will be described presently.  Tile friezes and me-  7), where the sides had only half-columns (at the
topes were adorned with various sculptures, and no  asngles three-quarter colunsrs), attached to the walls
expense was spared in embellishing the abodes of  of the cella, the object being to have the cella large
the gods.  The light which was formerly let in at  without enlarging the whole building, and yet to
the door, was now  frequently let in froim  above  keep up something of the splendour of a peripteral
through  anl opening in the middle, which swas. temlple.
callled hrratOpov, and a temple tilus constructed was    Names were also applied to the temples, as well
called  7sraiOpos. (Vitruv. i. c.)  Many of tile great  as to the porticoes themselves, according to the
temples consisted of three parts: 1. the irpJvaos or  nulmber of columns in the portico at either end
-rpd3oguos, the vestibule; 2. the cella (Pa6s, rssltros);  of the temple; namely, rerpdavuAos, tetra.qyle,
and 3. the doarie0eo'oos.  The cellas was the most  whel there were four columnsin front, d ude'rvXos,
important part, as it was, properly speakiing, the   eeaxastyle, when there were six, OKTr'TVAOS, octa.
temple, or the habitation of the deity whose statue  style, when  there  were aight, aetcersVxoP,     decastyla,
it contained.  In one and the same cella there  when there were ten.  There were never more
were sometimes the statues of two or more divini-  than ten columns in the enld portico of a temple;
ties, as in the Erechtheum at Athens the statues of and when there were only two, they were always
Poseidon, Hephaestus, and  Butas.  The statues  arranged in that peculiar form  called.in antis (4e
alwvays faced the entrance, which was in the centre  7rapaer rtae).  The number of columns iu the end
of the prostylus, or front portico. The place where the  porticoes was never uneven, but the number along
statue stood was called 8Coe, and was surrounded by  the sides of a temple was generally uneven.  The
a balustrade or railings (YKpiea, iputlara, Pals. v. I I.  number of the side columns varied: where the
~ 2). Some temples also had more than one cella, in  end portico was tetrastyle, there wvere never any
which case the one was generally behind the other, as  columns at the sides, except false ones, attached to
in the temple of Athena Polias at Athens.  In tem-  the walls, as in the temple of Fortuna  V'iriis at
ples where oracles were given, or where the worship  Rome, which has a tetrastyle portico, with a columni.
wtls connected with mysteries, the cella was called  behind each cornler column, and then five false.'8suTOV, o E,,yapov, or dvadt'opom, and to it only the  columns along each side of the cella: where it was
priests and the initiated had access. (Pollux, i. 9;  hexastyle or octastyle, there were generally 13 or 1 7:l'a.Ls. ix. 8. ~ 1, viii. 62; 37. ~ 5; Herod. viii.  columns at the sides,counting in the corner columns;
53, ix. 65; Plut. ArNmn. 13; Caes. de Bell. Civ.  sometimes a hexastyle temple had only eleven co4 B




I 1 06            -.TEMPLUMI.                                      -TEMPLU.M.
lumns on the sides.  The last arrangement resulted   II. PROSTYLE, TETRASTrYLE, of the Ionic order
from the rule adopted by the Roman architects,
who  counted by intercolumniations (the spaces
l)etween the columns), and whose rule was to have
wuice as many intercolumniations along tJhe sides of
thee building as in front; another example of the
rule is furnished by the above-mentioned temple
of Fortuna Virilis, which has four columns in front
and, altogether, seven on each side.  The Greek
architects, on the contrary, counted by columns,
and their rule was to have twice as mnany columns.- G           -
along Ite sides as in front, and one snore, counting - l
the corner columns in each case: sometimes, however, they followed the other rule, as in the temple
at Mylasa, where there are six columns in front
and eleven at each side. Another set of terms,
applied to temples and other buildings having porticoes, as well as to the porticoes themselves, was.derived from the distances between the colunans as:
compared with the lower diameters of the columns.
They were the following:-.
i. IlvtcvoTrvhos, pycnostyle, the distance between the columns a diameter of a column and
half a diameter.
2.  vrurvAos, systyle, the distance between the i
columns two diameters of a column.
3. EibruvAos, eustyle, the distance between the
columns two diameters and a quarter, except in the
centre of the front and back of the building, where
each intercolumniation (intercolunmiium) was three
diameters; called eustyle, because it was best
adapted both for beauty and convenience.
4. Aia'rvAos, diastyle, the intercolumniation, or
distance between the columns, three diameters.
5.'ApaodoTuvAos, araeostyle, the distances excessive, so that it was necessary to make the epistyle
(7lsnO-TrXto), or architrave, not of stone, but of
timber. [EPISTvYLIU11.]
These five kinds of intercolumniation are illustrated by the following diagram: -
2
2~
3
or more
Ths following elevations and plans of temples
will aid the reader in understanding the different
terms descriptive of the number and arrangement
of the columns.  They are taken from  the plates
-to Hirt's Gescliichte der Baukznst;. and although,,for the sake of greater clearness and convenience,
they are not all taken from  actual buildings, but
are general representations of each form, yet they
*are not merely imaginary, for they are founded on
a careful comparison of existing remains with the:descriptions of Vitruvies.
I. IN ANTIS.
An engraving of a temple of this form has been.        D                           =       D
given under ANTAE.
T R             le a ao                            The above engraving exhibits clearly the prodo.r
The Roman rule might also be stated accord-  smus or pronaos, or space enclosed by the portico
ing to the number of columns thus:-tftice as and the side walls projecting beyond the front Awall;
many colunens along the sides as infaront, and one  and the cella, with the statue of the god. opposite to
less.                                              the entrance.




TEMPLUItM.                                      TEMPLUAM.                   1107
II. AM.iPHIPROSTz:LE, TETRASTYLE,                 IV. PERIPr'ERaL, HEXAST'YLE, Of the Dorio
order.
I  l  l   1'
E 1 I                                               I
LI
The above plan is that of a Roman Periiteros:
to represent the Grecian Peripteros  two columns
should be added to each side, and the length thus
gained thrown into the opisttodonmus. In this form
there were two columns between the antae terminating the projecting walls; and tb.e three intercolumniations thus formed were fenced with marble
railings (plutei, Vitruv. iv. 4), with gates in them
giving access to the prodonsss, as shown by the
lines in the figure.
This species of temple was not only more splendid than the former, but also more fully adapted for
the performance of grand religious ceremonies, as
Vitruvius (iii. 1) says that' the Amphiprostylos  the continuous portico all round it would give shelhas every part which the Prostylos has, and more- ter and passage to a large number of people.  Acover it has columns and a pediment in the poosticum  cordingly we find that several of the most celebrated
after the same manner." This posticuns (the Greek  Greek temples are of this form; such as that of
opisihodonzus) appears to have been of two kinds; Zeus Neineus between Argos and Corinth, of Coneither a mere portico attached to the back wall of the  cord at Agrigentum, of Theseus at Athens, whichl
celia, or a larger space, as shown in the figure.  has no pillars between the acine of the posticum.




1  0               TEMPLUM.                                      TEMPLUM.
V. DIPTERAiL and  PSEUDODIPTERA,, 0CTA-    VI. IIHPAETHRAL, DECASTY'LE, of the CorinSTYLE, of the Ionic order. To save space, the one thian order.
dide of the cut represents half of the dipteral temlple, the other side half of the pseudodipteral.
S    i S s i i             I i
EN                                M
ia, the statue of te god  6, entrances to the
cents for the  
i ~ ~ i                   I                                   a           r,
increased in size and magnificence by the addition
lumn moved outwards over, the  statue of one            god; lmn              b, entrances  to te
cella fi'om the opisthodomus.; c, apartnients for the
The Dipteros may be considered as a Peripter)os,  keeper of the temple.
increased in size and magnificence by the addition
of another rosy of pillars along each side; the    Every decastyle temple was also hypaethral, but
Pseudodipteros as a Perlpteros  with the side co- there wrele also octastyle and even hexastyle hylumns moved outwards over the space of one column  paethral temples.
and intercolumniation, so as to allow of eight columns    A question has lately been raised whether there
in front.  Vitruvius, who describes the latter first, ever were any hypaethral temples.  The two sides
assigns its invention to the architect Hermogenes.  of the question will be found discussed in the folFrom the expense of such edifices, there were na-  lowing works: Ross, Keine Hypatlhraltemsspel mehr,
turally very few examples of them. The far-famed  in his Ilellenika, pt. i. pp. 1-39, Halle, 1846, 4to.,
temple of Artemis at Ephesus, and that of Quirinus  and Boitticher, Der Hyphtlsacltenmpel, aluf Grund
at Rome, were dipteral. That of Artemis at Mag-  des Viiruvischen Zeugnisses, gegen Prof: D. L. Ross,,esia, built by Hermogenes, was pseudodipteral.   erwiesen, Potsdam, 1847, 4to.




TEMPLUM.                                       TEMPLUM.                   1109
VIT. PSEUDOPERIPTERAL, HEXASTYLu, of the  Vitruvius is very difficult, and has been differently
Ionic Order.                                     explained. (Comp. Stieglitz and Hirt.)  The following engraving is so constructed as to contain a
representation of the three chief forms, real or sup-_ ~         -                posed, of the Tuscan temple.
Lj_                                           i
Li14
The above plan is divided by the lines a,, into
three portions, by completing each of which, we have
three different plans. Thus, if the middle portion
be retained as it is, and the part to the right of b
be made like that to the left of a, we have one of
the supposed forms. Again, if the middle portion
be retained, and the two sides completed on the same
plan, namely, like the portion to the left of a, but
m ~J vJ without the projecting side wall, and with a round
N  A  V  N    a       D       column in place of the square pillar which terminates it, we have what others suppose to have been
the true original form of the Tuscan temple.  In
either case, the characteristic feature is the union
of three ccllae in one temple, dedicated to three
These were the chief- normal forms of quadran-  associated  deities, the middle cella, which (as
gular temples.  The variations made upon them, shown in the figure) was larger than the other two,
especially by the union of two or more temples in  being assigned to the chief of the three divinities;
one building, were very numerous.  (See Hirt, as in the great temple on the Capitol, the middle
Stieglitz, and the other authorities.)  One form  cella of which was dedicated to Jupiter, the cella on
deserves particular notice, inasmuch as it was  the right side of the middle one to Minerva, and
certainly very ancient, and  some writers have  the remaining cella to Juno.  Lastly, a later variasupposed that it contained the germs of all the  tion of the Tuscan temple, in which its chief pecuother forms; this was what Vitruvius called the  liarity was lost, was made by retaining only the
Tuscan Te2mple. (Vitruv. iv. 7.)  The passage of middle cella, and carrying a peristyle of columns
4B3




1110              TEMPLUM.                                          TlEMlPLUML.
along each side of it, as represented in the right-    II. The PERIPTEROS had a circular cella, siurhand division of the plan and elevation.           rounded by a single peristyle of columns, standing
Circular Tempkles, properly so called, were pro-  on three steps, and the whole surmoilted by a
bably not used by the Greeks in early times.  The  dome.  Specimens are preserved in the so-called
round buildings of which we have notices were  temples of Vesta at Rome (see wood-cut on p. 299)
either tholi or mere monumental edifices.  Several  and at Tivoli.
round buildings of this kind are mentioned by
Pausanias; such as the tholus at Athens, in which
there were several small silver statues; where the
Prytaneis sacrificed (Paus. i. 5), and where, according to Pollux (viii. 155) they also banquetted.
There was another tIolues at Epidaurus, in the sacred grove of Asclepios, which he describes as well
worth seeing: it was built of white marble, after
the design of Polycleitus, and adorned on the inside      _              _                   
with paintings by Pausias. (Paus. ii. 27.)  (See               h.                  -          7?'
Stieglitz, vol. ii. pp. 38, fol.)  Vitruvius (iv. 7)
however recognizes two regular forms of circular
temples, to which a third m'ast be added.
I. The MONOPTEROS consisted of a single circle  
of columns, standing on a platform  (tlribunal), the
outer wall of which formed a stylobate or continuous pedestal for the columns, and surmounted by
a dome; but without any cella.  For the proportions see Vitruvius.  The remains of such a temple      r,
have been found at the ruins of Puteoli.
The proportions of the temples of tlhis form were
very carefully regulated.  The existing specimens
agree in most particulars with the rules laid down
by Vitruvius, according to'whom  the distance of
the wall of the cella from the edge of the substruc-   —.. | (X)<tion was one-fifth of the whole diameter of the substruction;and consequently the diameter of the cella
(including its walls) was three-fifths of the whole:
the internal diameter of the cella, was equal to the
height of the columns: the height of the dome was
equal to a semi-diameter of the whole building:
and the centre of the dome was surmounted by a
pyramid (or cone), to support an ornament equal in
height to the capitals of the columns.  (For a full
discussion of the passage, see Hirt, Lehile d. Gebaude, pp. 29, 30.)
Both species of round temples are mentioned by
Servius (ad Asen. ix. 408), who says that they were
peculiar to Vesta, Diana, Hercules, and Mercury;
and he distinguishes the Mlonoptferos by the following description: -  lectusn sine parietiLus colusr7si
subnixum.




TEMPLUM.                                        TEPLUM.                     ] 1111
iII. Another form, of which we have the chief    Respecting the more minute details of the conexample in the Pantheon, besides some smaller  struction of temples of both sorts, which our space
specimens (see IIirt, ~ 19), consists of a circular does not permit us to enter into, the reader is recella surmounted by a dome, without a peristyle, ferred to the works of Hirt and Stieglitz, as quoted
but with an advanced portico.  The following en- above; and lists and brief descriptions of the chief
graving represents such a temple, with a prostyle  Greek and Roman temples, with references to the
tetrastyle portico, of two slightly different kinds  works in which they are more fully described, will
(compare the left and right sides of the portico in  be found in Muller's Ifaandbuzch der A.criiologie de;'
the plan); the niches are for the statues of three  Iunst, under the heads of the respective periods ill
associated  deities, such  as Apollo, Diana, and  the history of the art.
Latona; and thus this form of temple may be re-    Besides the terms which have now been exgarded, in its religious design, as a variatioa of the  plained, temples were designated by the names of
old Tuscan temple.                                 the deities to whom  they were dedicated, as the'Ohvturesov or temple of Zeus Olyn2pies; the lIapOevcsY, or temple of Athena Part/henos, &c.; and
sometimes a name was given according to some
peculiar feature of the structure, as in the case of
the Parthenon at Athens, which was called Heca__/______   \_______-l tonmpedon, because its front was exactly 100 feet
wide.
- ______                                  Independently of the immense treasures con-..................._- _ r   tained in many of the Greek temples, which were,   either utensils or ornamnenlts, and of the tithes of
-   spoils, &c. (Herod. vii. 132; Diodor. xi. 3; Polyb.
iv. 33), the property of temples, from which they de____.~_ __            rived a regular income, consisted of lands ('re,4Vv7),
either fields, pastures, or forests.  In Attica we
sometimes find that a demos is in possession of the
estates of a particular temple: thus the Peiraeeius
possessed the lands belonging to the Theseum:
in what their right consisted is not known; but of
whatever kind it may have been, the revenues
accruing from  such property were given to the
temples, and served to defray the expenses for
sacrifices, the maintenance of the buildings, &c.
______  I __1__I            _  1For this purposeall temple-property was generally. let out to farm, unless it vias, by some curse which
lay on it, prevented from. being taken into cultivation.: (Harpocrat. s.'As7ra itneaoisdrwv: comp.
Isocrat. Areop. 11.)  The rent for such sacred
domains was, according to Demosthenes (in Eubulid. p. 1318), received by the demarch, probably
the demarch of the demos by which the sacred
domain was occupied; for in other cases we find
that the rents were paid to the authorities entrusted with the administration of the temples.
(Bbckh, Staatsh. i. p. 327, &c., ii. p. 339.)  The
supreme control over all property of temples belonged to the popular assembly.  (Demosth. in
-Neaer. p. 1380.)
Respecting  the persons  entrusted  with  the
superintendence, keeping, cleaning, etc., of temples,
we scarcely possess any information.  [AEDITUI.]
We have mention of persons called KAesLodXo0,
\cA/,a1oXo1, veotqXatcrs, who must have been employed as guards and porters (Aeschyl. Suppl.
294), although it is not certain whether these
functions were not performed by priests who were
occasionally called by names derived from  some
particular function.  At Olympia qatSptwraL were
appointed who belonged to the family of Pheidias,
and had to keep clean the statue of the Olympian
I U ~ U   -             ~~~Zeus.  (Pans. v. 14. ~ 5.)
Temples at Rone.-In the earliest times there
appear to have been very few temples at Rome,
-U -U    K)              and in many spots the worship of a certain divinity
had been established from time immemorial, while
we hear of the building of a temple for the same
divinity at a comparatively late period. Thus the
The portico of such a temple might be hexa-  foundation of a temple to the old Italian divinity
style, or even octastyle, as in the Pantheon.      Saturnus, on the capitoline did not take place till,
4a4




1112              TERMIINALIA.                                      TESSERA.
498 B. c.  (Liv. ii. 21; Dionys. vi. 1; Plut. Publ.  year, whence some derive its name. We know that
12.)  In the same manner Quirinus and Mars had  February was the last month of the Roman year,
temples built to them at a late period.  Jupiter  and that when the intercalary month Mercedonius
also bad no temple till the time of Ancus Martins,  was added, the last five days of February were
and the one then built was certainly very insig-  added to the intercalary month, making the 23rd
nificant.  (Dionys. ii. 34; Liv. i. 33.)  NWAe may  of February the last day of the year. (Varro, L. L.
therefore suppose that the places of worship among  vi. 13, ed. MUiller; Macrob. Sct. i. 13.)  Whenl
the earliest. Romans were in most cases simple  Cicero in a letter to Atticus (vi. 1) says, Accepi
altars or sacella.  The Roman temples of later tuas litteras a. d. Y. Terminalia (i. e. Feb. 19), he
times were constructed in the Greek style.  The  uses this strange mode of defining a date, because
cella was here, as in Greece, the inner spacious part being then in Cilicia he did not know whether any
of the temple which contained the statue or statues  intercalation had been inserted that year. [CALENof the gods, and an altar before each statue. DARIUM, pp. 229, b. 230, a.]
(Vitruv. iv. 5.)  The roof which covered the cella    TERU'NCIUS.  [As, p. 141, a.]
is called testudo, but it was in most cases not    TE'SSERA, dim. TESSE'RULAand TESSELwholly covered, in order to let the light in from   LA (tKios), a square or cube; a die; a token.
above.  (Varro, ap. Serv. ad Aen. i. 505.)  The    The use of small cubes of marble, earthenentrance of a Roman temple was, according  to  ware, glass, precious stones, and niother-of-pearll
Vitravius, if possible, always towards the west, for making tessellated pavements (paviimefta tesselwhich side was at the same time faced by the  lata, Sueton. Jul. 46) is noticed under Doturs,
image of the divinity, so that persons offering  p. 431 and PICTURA, P. 915.
prayers or sacrifices at the altar looked towards    The dice used in games of chance [ALEA] bad
the east.  (Comp. Isidor. xv. 4, 7; Hygin. de  the same form, and were commonly made of ivory,
Limit. p. 153, ed. Goes.)  If it was not prac-  bone, or some close-grained wood, especially privet
ticable to build a temple in such a position, it was  (liqustra tesseris utilissima, Plin. H. N. xvi. 18.
placed in such a mannler that the greater part of s. 31).  They were numbered on all the six sides
the city could be seen from it; and when a temple  like the dice still in use (Ovid. Trist. ii. 473); and
was erected by the side of a street or road, it in this respect as well as in their form they diffeired
was always ro situated that those who passed by  from the tali, which are often distinguished from
could look into it, and offer their salutations to  tesserae by classical writers. (Gellius, xviii. 13;
the deity.                                         Cic. de Sen. 16.) [TALUS.] Whilst four tali were
As regards the property of temples, it is stated  ised in playing, only three tesserae were anciently
that in early times lands were assigned to each  employed.  Hence arose the proverb, i'rpls tI, S
temple, but these lands were probably intended for  rper;totCoi, i. e. "either three sizes or three aces,"
the maintenance of the priests alone. [SACERDos.]  meaning, all or none (Plat. Leg. xii. ad fin.; Schol.
The sacra publica were performed at the expense  in lec.; Pherecrates, p. 49, ed. Runkel); for tcV6os
of the treasury, and in like manner we must sup-  was used to denote the ace, as in the- throw S6o
pose, that whenever the regular  income of a  IKcuC CaI T7e7 rapa, i. e. 1,l,4,=6. (Eupolis, p. 174,
temple, arising from fees and fines, was not suffi-  ed. Runkel; Aristoph. Ran. 1447; Schol. in loc.)
cient to keep a temple in repair, the state supplied  Three sizes is mentioned as the highest throw in
the deficiency, unless an individual volunteered to  the Agamemnon of Aeschylus (32).  As early as
do so.                                            the time of Eustathius (in Od. i. 107) we find that
The supreme superintendence of the temples of the modern practice of using two dice instead of
Rome, and of all things connected with them, three had been established.
belonged to the college of pontiffs.  Those persons    The ancients sometimes played with dice 7r-Aicwho had the immediate care of the temples were'roMoAMva [TALus], when the object was simply
the AEDITU.                 [L. S.] and [P. S.]   to throw  the highest numbers.  At other tinmes
TEMPORA:LIS ACTIO.  [AcTIo.]                    they played also with two sets of LATRUNICULI or
TE'MPORIS PRAESCRI'PTIO. [PRAssCR1P-  dranghtsmnen, having fifteen men on each side.
TIO.]                                              The board (alvkes izsorius, Plin. H. N. xxxvii. 2.
TENSAE.  [THENSAE.]                              a. 6; alveolus, Gellius, i. 20, xiv. 1) was divided
TEPIDA'RIUM.  [BALNEAE, P. 190, a.]              by twelve lines, so that the game must have been
TERMINA'LIA, a festival in honour or the  nearly or altogether the same with tric-trac or
god Terminus, who presided over boundaries. HIis  backgammon. (Brunck, Anal. iii. 60; Jacobs, ad
statue was merely a stone or post stuck ill the  loc.)  Perhaps the duodecim scripta of the Romans
ground to distinguish between properties.  On the  was the smune game. [ABAcvs.]
festival the two owners of adjacent property crowned  Objects of the same materials with dice, and
the statue with garlands and raised a rude altar, on  either formed like them  or of an oblong shape,
which they offered up some corn, honeycombs, and  were used as tokens for different purposes.  Tilhe
wine, and sacrificed a lamb (Hor. Epod. ii. 59) or tessera ho.spitalis was the token of mutual hospia sucking pig.  They concluded with singing the  tality, and is spoken of under HOSPiTIUM, p. 619, a.
praises of the god.  (Ovid. Fast. ii. 639, &c.)  This token was probably in many cases of earthenThe public festival in honour of this god was cele-  ware, having the head of Jupiter Hospitalis stamped
brated at the sixth milestone on the road towards  upon it.  (Plaut. Poen7. v. 1. 25; 2. 87 —-99.)
XLaurentum  (Id. 682), doubtless because this was  Tesserae fi'umentlarie and nutmmasiae were tokens
originally the extent of the Roman territory in that given at certain times by the Roman magistrates
direction.                                         to the poor, in exchange for which they received a
The festival of the Terminalia was celebrated  fixed amount of corn or money. (Sueton. Aug. 40,
a. d. VII. Kal. Mart., or the 23d of February on  42, Nepo, 11.) [FRtUMENTARIAE LEGxZS.] Similar
the day before the Regifugium.  The Terminalia  tokens were used on various occasions, as they
was celebrated on the last day of the old Roman  arose in the course of events,  For example, whet




TESTAMENTUM.                                     TESTATMIENTUM.                 1113
the Romans sent to give the Carthaginians their  the Furiosus, because he had not intellectual capachoice of peace or war, they sent two tesserae, one  city to declare his will (testarti) about his property;
marked with a spear, the other with a CXDUCEUS, and the Prodigus, because he was under a legal
requesting them  to take either the one or the  restraint, so that he had no commercium, and conother.  (Gellius, x. 27.)                          sequently could not exercise the formal act of the
From  the application of this term  to tokens of familiae mancipatio.  (Ulp. Frag. tit. 20. s. 13;
various kinds, it was transferred to the wordl used  CURATOR; IMPUBES.) As to the testament which
as a token among soldiers.  This was the tesseral   a man has made before he becomes Furiosus, see
silitiaris, the auv'7rnoa of the Greeks.  Before join- Dig. 28. tit. 1. s. 20. ~ 4.
ilg battle it was given out and passed through the    Women had originally no testamentifactio, and
ranks as a method by which the soldiers might be  when they did acquire the power, they could only
able to distinguish friends from foes.  Thus at the  exercise it with the auctoritas of a Tutor. Of course
battle of Cunaxa the word was "Zeus the Saviour a daughter in the power of her father, whether she
and Victory," and on a subsequent engagement by  was unmarried or married, and a wife in mann
the same troops " Zeus the Saviour, Heracles the  could never make a will.  The rules therefore as
Leader." (Xen. Anal. i. 8. ~ 16, vi. 3. ~ 25.) The  to a woman's capacity to make a will, could apply
soldiers of Xeuophon used a verbal sign for the  only to unmarried women after the death of their
same purpose when they were encamped by night father and to widows who were not in the power
(vii. 3. ~ 34). Aeneas Tacticus (c. 24) gives various  of a father.  This subject requires explanation.
directions necessary to be observed respecting the    Cicero (Top. 4) observes " if a woman has made
word.  Respecting the tessera or watchword in the  a will, and has never undergone a capitis diminutio,
Roman camp, see CASTRA, p. 251, a.    LJ. Y.]   it does not appear that the Bonorum Possessio canl
TEST''A.  [FIcTILE.]                            be granted in pursuance of such will according to
TESTAMENTUM  is " mentis nostrae justa  the Praetor's Edict; for if it could, the Edict must
contestatio in id solemniter facta ut post mortemn  give the Possessio in respect of the wills of Servi,
nostram valeat."  (Ulp. PFrag. tit. 20; comp. Ulp. Exules, and Pueri."  Cicero means to say that if
Dig. 28. tit. 1. s. 1, where he has " justa senten- a woman made a will without having sustained a
tia.")  In  this passage the word Justa means  capitis diminutio, the will could have no effect at
" jure facta," " as required by law."  The word  all: and he derives his argument " ab adjunctis,"
Contestatio is apparently used with reference to the  for if such a will could have any effect, then the
origin of the term Testamentunm, which is to be re- wills of other persons, who had not the testamentiferred to " Testari," which signifies " to make a  factio, might be effctual so far as to give tile
solemn declaration of one's will." Gellius (vi. 12)  Bonorum  Possessio.  It is not a logical inference
properly finds fault with Servius Sulpicius for from the language of Cicero that a woman who
saying that the word is compounded "a rentis  had sustained a capitis diminutio could make a
contestatione."  The person who made a Testa-  will; but this is the ordinary meaning of such
mentum  was Testator.  (Sueton. ANer. 17; Dig. language and it appears to be his.  Consistently
28. tit. 3. s. 17.)                                with this, Ulpian says (Frag. tit. 20. s. ]5), " woIn order to be able to make a valid Roman will, men after their twelfth year can mak6 a will wils
the Testator must have the Testamentifactio (Cic. the auctoritas of a Tutor, so long as they are in
ad Faio. vii. 21), which term expresses the legal tutela;" and the comment of Boethius on the pascapacity to make a valid will: the word has also  sage of the Topica clearly shows that he understood
another signification. [HERES, p. 598, b.]  The  it in this way.  A woman then could make a will
testamentifactio was the privilege only of Roman  with the auctoritas of her Tutor and not without.
citizens who were patresfamilias.  The following  Now if a woman was in Tutela Legitima, it might
persons consequently had not the testamentifactio: be correctly said that she could not make a will 
those who were in the Potestas or Manus of an- for, if she was Ingenua, the tutela belonged of
other, or in Mancipii causa, as sons and daughters, right to the Agnati and Gentiles, and if she was a
wives In manu and slaves; but with respect to his  Liberta, it belonged to the patron.  In these cases
Castrense Peculium  [PATR1A POTESTAS] a filius- a woman could indeed make a valid will with the
familias had the privilege of testamentary dispo- consent of her Tutores, but as her Tutores were
sition: Latinli Juniani, Dediticii: Peregrini could  her heirs in case of intestacy, such consent would
not dispose of their property according to the  seldom  be given, and though a woman under such
form of a Roman will: a person who was doubtful circumstances might be allowed to make a will, it'
as to his status, as for instance if his father had  may be assumed that it was a circumstance altodied abroad and the fact was not ascertained, gether unusual, and thus the rule as to a woman
could not make a testament: an Impubes could  in Tutela Legitima, as above stated, might be
not dispose of his property by will even with the  laid down as generally true.  The passage  of
consent of his Tutor; when a male was fourteen  Cicero therefore does not apply to the Tutela
years of age, he obtained the testamentifactio, and  Legitima, but to something else.  Since the disa female obtained the power, subject to certain  covery of the Institutes of Gaius the difficulty has
restraints, on the completion of her twelfth year:  been cleared up, though it had been solved in a
muti, surdi, furiosi, and prodigi " quibus lege  satisfactory manner by Savigny before the pubbonis interdictum  est" had not the testamenti-  lication of Gaiuns.  (Beytrayg z1ur Geschichte der
factio; the reasons why these several classes of Geschlechtstutel, Zeitschrift, vol. iii. p. 328.)
persons had not the testamentifactio illustrate the    A  woman could make a " coemptio fiduciae
Roman mode of deducing legal conclusions from  causa," in order to qualify herself to make a will;
general principles: -the  Mutus  had  not the  for "at that time women had not the power of
Testamentifactio, because he could not utter the  making a will, except certain persons, unless they
words of Nuncupatio; the Surdus, because he  made a co-emptio and were remancipated and
could not hear the words of the Emtor familiae; manumitted; but on the recommendation of Ha



1114            TESTAMENT UM.                                 TESTAMENTT UMl.
drian the senate made the ceremony of coemptio  except such as were excepted by a Senatuseconunnecessary for this purpose."  (Gaius, 115, a.)  sultum and Imperial Constitutions, such as Jupiter
The coemptio was accompanied with a capitis  Tarpeius, Apollo Didymaeus, Mars in  Gallia,
diminutio, alid this is what Cicero alludes to in the  Minerva Iliensis, Hercules Gaditanus, and others
passage of the Topica. [MATRIaMONlum  (RbMAN).]  enumerated by Ulpian (Frag. tit. 22. s. -6): a
A woman who came in manum viri had sustainIed a  Postumus alienus could not be made a heres, for
capitis diminutio, but it must not be inferred from  he was an incerta persona: it is a disputed questhis that if she became a widow she could make a  tion whether, according to the old law, women
will.  The Capitis dininutio of Cicero means that could be made heredes; but the question concerns
the will must be made with the auctoritas of a  only those who were sui juris, as to whom there
tutor.  Now if the husband died, when the wife  seems no sufficient reason why they could not be
had been in mann, aced he appointed no tutor for made heredes; the capacity of women to take
her, she was in the legitima tutela of her nearest under a will was limited by the LEX VOCONIA:
agnati, who would be her own. children and step- unmarried persons and persons who had no children
children, if she had any. But the tutela legitima in  were limited as to their capacity to take under a
such a case would seem something unnatural, and  will by the Papia Poppaea Lex.  [LEx JULIA et
accordingly the magistratus would give a tutor to  PAPIA POPPAEA.]
the woman; and such a tutor, as he had no in-    The first question as to the validity of a will wasterest in the woman's property, could not prevent the capacity of the testator: the next question was
her from making a will.  The husband might by  as to the proper observance of the forms required
his will give the wife a power to choose a Tutor by law, " except in the case of soldiers, who, in
(tutoris optio), and such a Tutor could not refuse  consideration of their little acquaintance with such
his consent to the woman making a will; for in. matters, were allowed to make their wills as they
stead of the woman  being in the potestas of the pleased or as they could." (Gaius, ii. 114.)  This
tutor, he was in the potestas of the woman, so far remark of Gains seems to refer to the Imperial
as to be bound to assent to her testamentary dis- period,.
positions.  (Compare Liv. xxxix. 19; Cic. pro'   As to the Form of wills, Gaius (ii. 101) and.iafluren. c. 17; Gaius, i. 150.)                Ulpian (Frag. tit. xx.) are now the best authorities.
The case of Silius (Cic. ad PFass. vii. 21) may    Originally there were two modes of making
be a case of a woman's making a will, without the  wills; for people made their wills either at Calata
auctoritas of a tutor, for it appears that a woman  Comitia, which were appointed twice a year for
(Turpilia) had disposed of property by will, and  the making of wills; or they made wills in proServius Sulpicius was of opinion that this was not ciCt2u, that is, when they were going to battle; for
a valid will, because the will-maker had not the  an army in movement and under arms is Procinctus.
testamentifactio.  There may however have been  A  third mode of making wills was introduced,
other reasons why the will-maker had not the  which was effected 9er' aes et libram1n, whence the
testamentifactio, than the want of a capitis di- name of Testamenturn per aes et libram. If a man
minutio (in the sense of Cic. Top>. 4), and con- had neither made his will at Calata Conmitia nor In
sequently the opinion of those critics who refer procinctu, and was in imminent danger of death,
the case mentioned in this letter to the principle  he would mancipate (mancipio dabat) his Familia,
of the Capitis diminutio is not a certain truth.  that is, his Patrimonium to a friend and would tell
The following references may be consulted as to  him what he wished to be given to each after his
this matter: Cic. pro Caecin. 6. 25, pro PZlace. 35, death.  The old form of making a will per aes et
pro Msuren. 12, ad Att. vii. 8; Liv. xxxix. 19; libram was this.  The Famniliae eetor, that is the
Gaius, i. 150, &c.                               person who received the Familia by mancipation,
Libertae could not make a testament withlout the  filled the place of heres, and accordingly the testator
auctoritas of their patronus, except so far as this  instructed him what he wished to be given to each
rule was altered by enactments; for they were in  after his death.  In the time of Gaius the practice
the legitima tutela of their patronus.  Libertae, was different.  One person was instituted heres
who had a certain number of children, could make  (oeres testanzento instituitur),who was charged with
a will without the auctoritas of their patronuss. the payment of the legacies, or, as it is expressed
[PATRONUS.]                                     in the phraseology of the Roman Law, "a quo
The Vestal Virgins had no tutor, and yet they  etiam legata relinquebantur; " and another person
could make a Testament. The Twelve Tables re- was present as familiae emtor from a regard to tie
leased them from all tutela "in honorem sacer- old legal form.  The mode of proceeding was this.
dotii."  (Cic. de Rep. iii. 10; Gaius, i. 145.)  The testator, after having written his will (tabulae
In order to constitute a valid will, it was neces- testamlenti), called together five witnesses, who were
sary that a heres should be instituted, which might Roman citizens and puberes, and a libripens, as
be done in such terms as follow: -  Titius heres  in the case of other mancipationes, and mancipated
esto, Titium heredem esse jubeo. [HeREs (Ro- his familia to some person in compliance with legal
MlAN.)]                                         forms (dices cazzsa).  The words of the Familiae
All persons who had the commercium could be  emtor (Gaius, ii. 104) show clearly the original
heredes; slaves also and others who were not sui nature of the transaction: " Familiam pecnniamque
jnris could be made heredes, but they could not tuam endo mandatam tutelam custodelamque meam
take for themselves. [HiERES; SERVUS, p. 1037.]  recipio eaque quo tu jure testamentum facere possis
But there were many classes of persons who could  secundum legem publicam hoc aere (aeneaque libra)
not be heredes: Peregrini, who had not received  esto mihi emta."  (As to the reading of this pasthe commercium: persons who were imperfectly  sage, see Puchta, Ilnst. iii. ~ 306, note g.)  The
described: Juristical persons or universitates, ex-  Emtor then struck the scales with a piece of money
cept by their liberti, a privilege granted  by a  which he gave to the testator as the price of the
Senatusconsultum: Gods, or the temples of Gods, Fanlilia. Then the testator taking the will in his




TESTAMENTUM.                                     TESTAMIENTUM.                  I 115
Hand said: " Haec ita ut in his tabulis cerisque! nor is it probable that wills were written: it does
(or cerisve) scripta sunt ita do ita lego ita testor not appear that a written will was ever required
itaque vos Quirites testimonium mihi perhibetote." I by law.  The testator's disposition of his property
This was called the Nuncupatio or publishing of would be short and simple in those early times,
the will; in other words the testator's general con- and easily remembered; but there would be greater
firmation of all that he had written in his will.    security for an unwritten will made at the Comitia
As the Familiae emtio was supposed to be a real than for an unwritten will made per aes et libram;
transaction between the Emtor and Testator, the  whence in course of time Tabulae became a usual
testimony of their several families was excluded, part of the ceremony of a will.
and consequently a person who was in the power    As we are ignorant of the true nature of private
of the Familiae Emtor, or in the power of the  property among the Romans, viewed with respect
Testator could not be a witness.  If a man who  to its historical origin, we cannot determine with
was in the power of another was the familiae  certainty such questions as these respecting testaemtor, it followed that his father could not be a  mentary disposition, but it is of some importance
witness, nor his brother, if the brother was in the  to exclude conjectures which are devoid of all evipower of the father.  A filiusfamilias who after his  dence.  Rein (Das RImz. Privatrechlt, p. 373, note)
Missio disposed of his Castrense peculium by testa- has referred to the modern writers who have disment, could not have his father as witness nor any  cussed this subject: he has adopted the opinion of
one who was in the power of his father. The samne  Niebuhr, according to which " as the property of
rules applied to the libripens, for he was a witness. an extinct house escheated to the cury, that of an
A person who was in the power of the heres or of extinct cury to the publicum  of the citizens at large,
a legatee or in whose power the heres or legatee  the consent of the whole populus was requisite; and
was, or who was in the power of the siae person  this is the origin of the rule that testaments were
as the heres or a legatee, and also the heres or a to be made in the presence of the pontiff alid the
legatee could all be witnesses; for as Ulpian ob- curies." (Hlist. of Rome, vol. ii. p. 338.) But there
serves, there is no objection to any number of wit- is no evidence of the assertion contained in the first
nesses from the same family.  But Gaius observes part of this passage; and if this rule as to escheat
that this ought not to be considered as law with  is admitted to be a fact, the rule that testaments
respect to the heres, and him who is in the power must be confirmed by the pontiff and curies is no
of the heres and him in whose power the heres is. necessary conclusion.  Niebuhr fuirther observes
According to Gaius, wills were originally made  that " the plebeian houses were not so connected;
only at Calata Comitia, and In Procinctu.  The  but the whole order hald a public coffer in the
Comitia were held twice a year for the purpose of temple of Ceres; and when the army, being asmaking wills, and a will not made there was in- sembled in centuries, either on the field of Mars,
valid. It is sometinmes assumed that these Comitia or before a battle, passed the last will of a soldier
were held in order that the Gentes'might consent into a law, it thereby resigned the claims of the
to the testamentary disposition, in which it is im- whole body to the property."  This assertion also
plied that they might refuse their consenlt.  But is not supported by evidence, and is therefore a
there is no direct evidence for this opinion, and it mere conjecture against the probability of which
derives no support from  a consideration of the  there are sufficient reasons.
mode of disposing of property per aes et libramin.    Th'l'e Testamentum in procinctu is, for anything
The form per aes et libram was a fornm introduced  we know to the contrary, as old as the testament
in cases when the will had not been made at the at the Calata Comitia.  In this case the forms of
Calata Comitia nor In Procinctu.  It had effect the Calata Comitia were of necessity dispensed
because it was an alienation of property inter ~vivos with, or the soldier would often have died inteswithout the consent of any parties except the buyer tate.  This power of disposition in the case of a
and seller, which alienation must be assumned to  Testamentumn in procinctu could not depend on the
have been a legal transaction at the time when this consent of the whole populus, in each particular
new form of will was introduced.  This new form  instance; for the nature of the circumstances exwas a sale and the familiae emtor undertook a c!uded such consent.  I-e had therefore full power
trust; he resembled the heres fiduciarius of later of disposition In Procinctu, a circumstance which
times.  It is probable enough that there were leads to the probable conclusion that the will made
originally no means of compelling him to execute at the Calata Comitia differed only from the other
the trust, but opinion would be a sufficient gua- will in its forms and not in its substance.  Some
rantee that the testator's will would be observed, writers assert that the Testamentum in Procinctu
and thus would arise one of those parts of Law  could only be made after the auspices were taken,
which had its source in Mos.  Now when the  which gave the testament the religious sanction,
Romans introduced new legal forms, they always and that when the auspices ceased to be taken in
assimilated them to old forms, whence we have a the field, this kind of testament ceased to be made;
probable conclusion that the form of mancipatio was and that the military testaments mentioned about
also observed at the Calata Conlitia; and if so, the  the latter part of the republic (as by Caesar, Bell.
consent of the Gentes was not necessary, unless it GCall. i. 39; Vell. Pat. ii. 5, &c.) were not the same
was necessary to every alienation of property, which  kind of testaments, but purely military testaments
in the absence of evidence must not be assumed, made without any form, which in the Imperial
though such may have been the fact.  The dif- period became in common use and of which Julius
ference then between the will made at the Calata  Caesar probably introduced the practice. (Dig. 29.
Comitia and the will per aes et libram, consisted  tit. 1. De Testam7zeeto Militis.)  Cicero however
in the greater solemnity and notoriety of the  speaks of the will In procinctu (de Or. i. 53) as
former, and the consequent greater security that the  then in use, and he describes it as made " sine
testator's intentions would be observed.  Written  libra et tabulis," that is, without the forms whichu
wills are not spoken of with reference to this time, were used after the introduction of the testamenturn




1116          TESTAMENT UM.                                     TESTAMENTU M.
per aes et libram.  Thus the Testamentum in Pro-  by tlie five representatives.  But it is easy to sug-.
cinctu always retained its characteristic of being  gest possibilities; less easy to weigh evidence acexempted from legal foorms, but as to the capacity  curately and to deduce its legitimate consequences.
of the Testator it was always subject to the same    As already observed, there seems to have been
mlules of law as other wills, so far as we know.   no rule of law that a testament must be written.
The form  of 1Mancipatio owed its origin to posi-  The mancipatio required no writing, nor did the intive enactments: it was a form  of alienation ac- stitution of a heres, and the number of witnesses
companied with certain public ceremonies, the pre-  was probably required in order to secure evidence
sumed object of which was to secure evidence of the  of the testator's intentions. Thus it is said (Dig. 28.
transfer.  The form of Mancipatio as applied to a  tit. 1. s. 21) that the heres might either be made
will was exactly the same form  as Mancipatio ap-  by oral declaration (nuncupatio) or by writing.
plied to any other purpose: it was an alienation  Written wills however were the common form
of the property, and according to strict principles  among the Romans at least in the later republican
it must have been irrevocable.  It may be con-  and in the imperial periods.  They were written
eluded then that Roman wills were originally irre-  on tablets of wood or wax, whence the word
vocable.  It is sometimes assumed that the five  " cera" is often used as equivalent to "tabella;'
witnesses to the Testament (cives Romani puzeres)  and the expressions prima, secunda cera are equiwere representatives of the five Classes of Servius  valent to prima, secunda pagina. The will might be
Tullius.  If this is true (which is a mere assump-  written either by the testator or any other person
tion) the classes were represented as witnesses  with his consent, and sometimes it was made with
only, not as persons who gave their consent to  the advice of a lawyer. It was written in the Latin.
the act.  Engelbach states: " Mancipation was  language, until A. D. 439 when it was enacted that
originally a formal sale in which the publicness of wills might be in Greek. (Cod. 6. tit. 23. s. 21.)
the transaction constituted the essential character-  By the old law a legacy could not be given in the
istic.  When the seller had transferred to the  Greek language, though a fideicommissum could be
buyer the ownership of a thing before the five  so given. It does not appear that there was origirepresentatives of the five classes of the Roman  nally any signature by the witnesses. The will was
People, this was as valid as any other Lex which  sealed, but this might be done by the testator in
was brought before the assembly of the People and  secret, for it was not necessary that the witnesses
passed into a Lex." (Ueber die Uszacapion zur Zeit should know the contents of the will; they were
de? Zwi;lf T,/fels, p. 80.)  The whole meaning of  witnesses to the formal act of mancipatio, and to
this is not clear, but so far as this it is clear and  the testator's declaration that the tabulae which he
true: the Testamentum  per aes et libram differed  held in his hand contained his last will.  It must
in no respects as to the capacity of the alienor, from   however have been in some way so marked as to
any other Mancipation.  Now we must either sup- be recognized, and the practice of the witnesses
pose that the assumed consent of the populus to the  (testes) sealing and signing the will became common.
Testamentary disposition at the Calata Comitia, (As to the will of Claudius, see Suetonius, Claudius,
was expressed by a special enactment which should  44.)  It was necessary for the witnesses both to
transfer the property according to the Testator's  seal (signare), that is, to make a mark with a ring
wish, or that the consent only must have been  (annulus) or something else on the wax and to add
given to the transfer, and the transfer must have  their names (adscribere). The five witnesses signed
been made in the usual way: the latter is the only  their names with their own hand, and their adconceivable case of the two.  In assuming this  scription also declared whose will it was that they
original necessity of consent on the part ot the  sealed.  (Dig. 28. tit. 1. s. 30.)  The seals and
populus to the testamentary disposition, -we as- adscriptions were both on the outside. A Senatussame that Roman property was originally inalien-  consultum, which applied to wills among other inable at the will of the owner.  This may be true, struments, enacted that they should be witnessed
but it is not yet shown to be so.                  and signed as follows: they were to be tied with a
The Twelve Tables recognize a man's power to  triple thread (linuon) on the upper part of the
dispose of his property by will as he pleased: " Uti nmargin which was to be perforated at the middle
legassit super pecunia tutelave suae rei ita jus esto."  part, and the wax was to be put over the thread
(Ulp. Frag. tit. xi. 14.)  It is generally admitted,  and sealed.  Tabulae which were produced in any
and the extant passages are consistent with the  other way had no validity.  (Compare Paulus,
opinion, that the new testamentary form  per aes  S. R. v. tit. 25. s. 6, where impositae seems to be
et libram existed while the two original forms were  the true reading, with Sueton. Ner. 17.)  A man
still in use.  Now in the testamentum  per aes et might make several copies of his will, which was
libram  there is no pretence for saying that any  often done (at vulgo fieri solet, Dig. 31. tit. 1.
consent was required except that of the buyer and  s. 47; a case put to Proculus) for the sake of
seller; and the Twelve Tables recognize the testa-  caution.  Both Augustus and Tiberius made two
tor's power of disposition.  If then the form  of copies of their wills. (Sueton. Aug. 101, Tiber. 76.)
testament at Comitia Calata subsisted after the  When sealed, it was deposited with some friend, or
Twelve Tables, we have, according to the views of in a temple, or with the Vestal Virgins; and after the
some writers, a form of testamenturn  to which the  testator's death it was opened (resignare) in due
consent of the testator was sufficient and another  form. The witnesses or the major part were present,
form in which it was not.  There still remains to  and after they had acknowledged their seals, the
those who support this opinion, the power of saying  thread (linum) was broken and the will was opened
that the consent of the sovereign people had become  and read, and a copy was made; the original was
a form, and therefore it was indifferent, so far as  then sealed with the public seal and placed in the
concerns this consent, whether the will was made  archium, whence a fresh copy might be got, if the
at the Comitia where it would be fully witnessed, first copy should ever be lost. (Paulus, iv. 6.) This
or per aes et libram where it would be witnessed  practice described by Paulus may have been of




TESTAMENTUM.                                    - TESTAMENTUM.                1117
considerable antiquity.  The  will of Augustus  their seals.  The testator might write his will or
which had been deposited with the Vestal Virgins have it written by another person, but such other
was brought into the Senate' after his death  person could derive no advantage under the will.
(Tacit. Ann. i. 8): none of the witnesses were  [SENATUSCONSULTUM JIIDONIANUM.]
admitted except those of Senatorian rank; the    The cases in which a will was not valid, because
rest of the witnesses acknowledged their signa- the heredes sui were not expressly exheredated, are
tures outside of the Curia.  (Sueton. Tib. 23.)  stated in HERES (ROMeAN).
A  passage in a Novel of Theodosius II. (A. n.   A testament which was invalid from the first was
439, De Testamentis) states the old practice as to  Injustum  and never could become valid: it was
the signature of the witnesses.  " In ancient times Non jure factum, when the proper forms had not
a testator showed (offirebat) his written testament been observed; it was Nullius Momenti, as in the
to the witnesses, and asked them to bear testimony  case of a filiusfamilias who is " praeteritus."  A
that the will had so been shown to them (oblatarunz   Testamentum Justum might become either Ruptum
Zabularumperhibere testimoniumn) "which are almost or Irritum in consequence of subsequent events.
the words of Gaius.  The Novel goes on to state  (Dig. 28. tit. 3. s. 1.)
that the ignorant presumiption of posterity  had    A testament became Ruptum, if the testator made
changed the cautious rule of the ancient law, and  a subsequent testament in due form as required
the witnesses were required to know the contents by law: and it made no matter, whether or not
of the will; the consequence of which was that there turned out to be a heres under the second
many persons preferred dying intestate to letting  will,; the only question was whether there could
the contents of their wills be known. The Novel have been one.  If then the heres named in the
enacted what we may presume to have been the  second will refused the hereditas, or died either
old usage, that the testator might produce his will in the lifetime of the testator, or after his death,
sealed, or tied up, or only closed, and offer it to and before the cretio, or failed to comply with the
seven witnesses, Roman citizens and psuberes, for conditions of the will, or lost the hereditas under
their sealing and adscription, provided at the same the Lex Julia et Papia Poppaea-in all these cases
time he declared the instrument to be his will and  the paterfamilias died intestate.
signed it in their presence, and then the witnesses    The testator must have a capacity to make a
affixed their seals and signatures at the same time  will and continue to have the capacity until his
also. Valentinian I [I. enacted that ifaTestamentum  death; but this principle does not apply to mental
was holographum, witnesses were not necessary.   sanity, for the will was valid if the testator became
A fragment of a Roman will, belonging to the insane. But the will became Irritum if the testime of Trajan, was published by Pugge in the tator sustained a capitis dimnintio after the date of
Rlkeioisches Mssezum, vol. i. p. 249, &c.; and it is the will; or if it failed of effect because there was
explained by Rudorff (Des Testament des Da- no heres.  Thus a prior will which was invalidated
smusius, Zeitsclhrift, &c. vol. xii. p. 301).    by a subsequent will was Ruptum, and if there was
The penalties against fraud in the case of wills no heres under the subsequent will, such will was
and other instruments were fixed by the Lex  Irritum.
Cornelia.  [FALSUsM.]                              If a man who had made a will was taken priThe Edict established a less formal kind of will, soner by the enemy, his will was good jure postsince it acknowledged the validity of a written will lirninii if he returned home; if he died in captivity,
when there had been no mancipatio, provided there  it was made as valid by the Lex Cornelia as if he
were seven witnesses and seven seals, and the tes- had not been a captive.
tator had the testamentifactio at the time of making    Though a will might be Ruptum or Irritum by
the will and at the time of his death. (Gaius, ii. the Jus Civile, it was not always without effect;
147.)  The terms of the Edict are given by Cicero  for the Bonorum Possessio secundum tabulas might
(in Verr. i. 1, 45.)  The Edict only gave the Bo- be had by the scriptus heres, if the will was witnoruln Possessio which is the sense of hereditas in  nessed by seven witnesses, and if the testator had
the passage of Cicero referred to, as well as in Gaius the testamentifactio.  The distinction between the
(ii. 11 9). This so-called Praetorian Testament ex- case of a will which was invalid Jure Civili for
isted in the Republican period, and for a long time  want of due forms, and one which was invalid for
after.  Thus a man had his choice between two  want of legal capacity to dispose of property by
forms of making his will; the Civil fornm by Man- will was well recognized in the time of Cicero.
cipatio, and the Praetorian with seven seals and  (Top. 11.) A will also became Ruptum by adgnatio,
seven witnesses, and without Mancipatio. (Savigny, that is, if a suus heres was born after the making,
Beytrag zurl Geschlichte der Rmnz. Testoam., Zeitschrf't, of the will who was not either instituted heres or
vol. i. p. 78.)                                  exheredated, as the law required. A quasi adgnatio
The Praetorian Testament prepared the way for also arose by adoption, or by the in manum conthe abolition of Mancipatio, the essential character ventio, or by succession to the place of a suts heres,
of a will made according to the Jus Civile, and in  as in the instance of a grandson becoming a sunus
the Legislation of Justinian,the form of making a heres in consequence of the death or the emancipa,
testament was simplified.  It required seven male tion of a son: a will also became ruptum by the
witnesses of competent age and legal capacity, and  manumission of a son, that is, where the son after
the act must be done in the presence of all, at the  a first and second mancipation returned into the
same place, and at the same time, that is, it must power of his father.  [ElMANCIPATIO.]
be continuous.  The testator might declare his last   A testament was called Inofficiosum which was
will orally (sine scriptis) before seven witnesses, made in legal form, "sed non ex officio pietatis."
and this was a good will. If it was a written will, For instance, if a man had exheredated his own
the testator acknowledged it before the witnesses children, or passed over his parents, or brothers or
as his last will, and put his name to it, and the  sisters, the will was in form  a good will, but if
witnesses then subscribed their names and affixed  there was no sufficient reason for this exheredatioa




1 18             TESTAMENTUM.                                          TESTUDO.
or praeterition, the persons aggrieved mlight have  unless tile codicilli were confirmed by a will; and
an  Inofficiosi querela.  The ground of the coln- this  lust be the case to which Pliny refers (E.,
plaint was the allegation that the testator was ii. 16).  Acilianus had made Pliny  "heres exc
"non sanae mentis," so as to have capacity to  parte," but lie had also made codicilli in his own
make a will.  It was not alleged that he was  handwriting, which as Pliny alleges were void
Furiosuls or Demens, for these were technical words  (piro  noe scriptis hlbendi), because they were not
which implied complete legal incapacity.  The dis- confirmed by the will.  Now, as already observed,
tinction was a fine one, and worthy of the subtlety  it appears from Gaius (ii. 273), that a person who
of the Jurists, to whom it may be presumed to  was appointed heres by a will, might be required
owe its origin.  By the legislation of Justinian  by codicilli to give the whole hereditas or a part to
no person could maintain a Querela inofficiosi beyond  another, even though the codicilli were not conthe degree of brothers and sisters; and brothers  firmed by a will. But Pliny is speaking of codicilli
and sisters could only maintain their claim against which were void for want of a testamentary conscripti heredes " who were "'turpes personae."  firmation; and this, as we learn from Gaills, is the
The complaint also could only be maintained in  case of a legacy given by codicilli which have not
cases where the complaining parties had no other been confilrmed by a will. This confirmation might
right or means of redress.  If any portion, how- be either prospective or retrcspective (si in testaever small, was left by the will to the complaining  menlo catve'it testator, ut quidq2uid in codicillis scrilp.
party, he could not maintain a Querela inofficiosi, serit, id rsatlr sit, Galius, ii. 270; qiuos novissirnos
and he was only intitled to so much as would make fIcero, Dig. 29. tit. 7. s. 8). This passage of Pliny
uip his proper share.  If the judex declared the  mas to the confirmation of codicilli by a testament,
testamentum to be Inofficiosum, it was rescinded;  has sometimes been misunderstood.  It is stated,
but if there were several heredes, the testament (Dig. 29. tit. 7. s. 8), "Conficiuntur codicilli quaWould only be rescinded as to him or them against tuor modis: aut enim in futurum  confirmantur aut
whose institution  the Judex  had  pronounced. in praeteritum, aut per fideicommissum testamento
The portion of an hereditas which might be claimed  facto aut sine testamento."  These four modes are
by the Querela inofficiosi was one-fourth, which  referred to in Gaius: the first two are contained in
was divided among the claimants pro rata.  (Plin. the words above quoted, Si in testamento, &c.: the
Ep. v. 1; Inst. 2. tit. 18; Dig. 5. tit. 2, De  third is the case of the heres institutus being reInofficioso Testamento.)                            quired to give the hereditas to another person by
The Querela Inofficiosi is explained by Savigny  codicilli non confirnati; and the fourth is the case
with his usual perspicuity (Systlem, cc. vol. ii. 1). of a fideicommissusm given by codicilli of a person
127).  When a testator passed over in his will who made no other testamentary disposition.  It
any of his nearest kinsfolks, who in the case of was a rule of law that codicilli, when duly made,
intestacy would be his heredes, this gave rise to  were to be considered (except in a few cases) an
the opinion that the person thus passed over had  incorporated in the will at thle time when the will
merited this mark of the testator's disapprobation. was made, a principle which led to various legal
If this opinion xvas unfounded, the testator had done  conclusions, vwhich the Roman jurists deduced witll
an unmerited injury to the person, and his remedy  their usual precision.  (Dig. 27. tit. 7. s. 2.)
was by getting the will set aside, as iLmade under    Originally there was probably no particular form
the influence of passion. If thie will was set aside, required for codicilli; but there must have been
the testator was thereby declared to have died in.- evidence of their containing the testator's intention.
testate, and the complainant obtained the hereditas  Subsequently witnesses were required and five witwhich was the immediate object of the Querela, or nesses were sufficient for codicilli made in writing,
his share of it.  But the ultimate object of the  if thle witnesses subscribed their names to the codiQuerela wvas the public re-establishment of the in-  cilli.  (Cod. 6. tit. 36.)  But a man could writhjured honour of the complainant, who in this actionI out writing and in the presence of five witnesses
appeared in a hostile positionIl with respect to the  impose a fideicommissuml   on his heres.  A testaTestator who had brought his character in question. ment which was defective as such, might be efConsequently this action had for its ultimate object fectual as codicilli. lThe power to make codicilli
Vindicta, and the peculiarity of the action consisted  wras the same as the power to make a testament.
in the difference between this ultimate object of (Dig. 29. tit. 7. De Jzmre Codicillor2um7; Inst. 2. tit.
the action and the immediate object of it (pro- 25.)
perty), which was merely a means to the ultimlate    The subject of Romlian Testaments can only be
object.  [VINDICTA.]                                satistactorily expounded in a large treatise, and it
There is no evidence to shlowv-when the Querela  would require to be treated historically.  The preInofficiosi was introduced as a mode of setting aside  ceding sketch may be useful, anmd generally true,
a will.  The phrase Testamentull  ITnofficiosum  and it affects to be nothing more.  (Gaius, ii. 101
occurs in Cicero, and in Quintilian  (Inst. O-.. -108; Ulp. lrag. xx.; Inst. 2. tit. 10, &c.; Dig.
x. 2).                                              28. tit. 1  Cod. 6. tit. 23; Vangerovw, Pandektei,
Codicilli were an informal wvill: they may be  &c. ii. ~ 427, &c.)                        [G. L.]
defined to be a testanlentary disposition of such a    TESTIS, a  witness.   1. Gt REErI.  [MARkind which does not allow  any direct universal TYRIA.]  2. ROMAN. [JUSJURANDUMl.]
succession, and, conlsequently, neither the direct    TESTU'DO (XEXcOvW), a tortoise, was the nlamo
appointment nor exheredation of a heres, even  given to several other objects.
though the codicilli are confirmed by a testa-    1. To the Lyra, because it was sometimes mad e
ment; but he who was appointed heres by a  of a tortoise-shell.  [LYiRA.]
testament, might be requested by codicilli to give    2. To an arched or vaulted roof. (Virg. Aen. i.
the hereditas to another altogether or in part, even  505; Cic. Brut. 22.)  [TEsMsPLvM, p. 1112, a.]
though the codicilli were not confirmed by a Testa- Thus in a Roman house, when the Cavuim Aedium
ment.  A  legacy could not be given by codicilli, was roofed all over and had no opening or cormn




TESTUDO.                                      THALAMITA.E.                 1119.pluvium in the centre,, the Cavum Aedium  was 1 tomed to form this kind of testudo, as an exercise,
called Testudo.  (Varr. L. L. v. 161, ed. rMiiller.)  in tne gaines of the Circus. (Liv. xliv. 9; Polyb.
[DoMus, p. 427, b.]                               xxviii. 12.)
3. To a military machine moving upon wheels    TETRADRACHMON.  [DRACHVMA.]
and roofed over, used in besieging cities, under    TETRARCHA  or TETRARCHES  (rerpap
which the soldiers worked in undermining the XAs). This word was originally used, according to
walls or otherwise destroying them. (Caes. B. G. its etymological meaning, to signify the governor of
v. 42, 43, B. C. ii. 2.)  It was usually covered  the fourth part of a country (TrepapX[a or TETdpawith raw hides or other materials which could  6apXia).  We have an example in the ancient dinot easily be set on fire.  The battering-ram  vision of Thessaly into four tetrarchies, which was
[ARIEs] was frequently placed under a testudo of revived by Philip.  (Harpocrat. s. v. TErpapXia:
this kind, which was then called Testudo Arietasia.  Strabo, ix. p. 430; Demosth. Philipp. ii. p. 117;
(Vitruv. x. 19. p. 322, Bip.) Vitruvius also men- Eurip. Alcest. 1154; Thirlwall's Greece, vi. pp. 13,
tions and explains the construction of several other 14.)  [TAGus.]  Each of the three Gallic tribes
military machines to which the name of Testudines which settled in Galatia was divided into four tewas given (x. 20, 21; compare Polyb. ix. 41).     trarchies, each ruled by a tetrarch.  (Strabo, xii.
4. The name of Testudo was also applied to the  pp. 566, 567; Plin. /.  V. v. 42.)  This arrangecovering made by a close body of soldiers who ment subsisted till the latter times of the Roman
placed their shields over their heads to secure republic (Appian. M(ithrid. 46, Syr. 50, Bell. Civ.
themselves against the darts of the enemy.  The  iv. 88), but at last the twelve tetrarchs of Galloshields fitted so closely together as to present one graecia were reduced to one, namely Deiotarus.
unbroken surface without any interstices between  (Liv. Epit. xciv.; Cic. pro Deiot. 15; Hirtius,
them, and were also so firm -that men could walk  de Bell. Alex. 67.)  Some of the tribes of Syria
upon them, and even horses and chariots be driven  were ruled by tetrarchs, and several of the princes
over them. (Dion Cass. xlix. 30.)  A testudo was of the house of Herod ruled in Palestine with this
formed (testudineinfacere) either in battle to ward  title.  (Plin. 1L. N. v. 16, 19; Joseph. Antiq. xiv.
off the arrows and other missiles of the enemy, orh  13. ~ 1, xvii. 8. ~ 1, xi. 4. ~ 18, xvii. 11. ~ 1,
which was more frequently the case, to form a pro- xi. 2. ~ 1, Fit. 11.)  Niebuhr (Hist. of Rome, ii.
tection to the soldiers when they advanced to the  p. 135) remarks that the tetrarchs in Syria were
walls or gates of a town for the purpose of attack- zemindars, who occupied the rank of sovereigns, in
ing them. (Dion Cass. 1. c.; Liv. x. 43; Caes. B. the same way as the zemindars of Bengal succeeded
G. ii. 6; Sall. Jug. 94; see cut annexed, taken  under Lord Corn-wallis in getting themselves recognised as dependent princes and absolute proprietors of the soil.
r ","""i""""""""',~ff             In the later period of the republic and under the
empire, the Romans seem to have used the title
(as also. those of eilinaerch  and phylarch) to designate those tributary princes who were not of
sufficient importance to be called kings.  (Compare Lucan. vii. 227; Sallust, Catil. 20; Cic. pro
Mit. 28, in Vatin. 12; Horat. SasI. i. 3. 12; Vell.
Paterc. ii. 51; Tacit. Annal. xv. 25.)  [P. S.]
TETRASTY'LOS.  [TErMPLUM.]
TETRO'BOLUS.  [DRuAc Mt.]
W~~~ \~~~~TETTARACONTA, IIOI (ol TETTapdKOIVTa)
IvX \        1    -.          l~sa1izc Fomly, were certain officers chosen by lot, who
made regular circuits through the demi of Attica,
whence they are called 8ricao-al ma-r& 8.tov,, to
decide all cases of abicia and Ta& erepl rcs, BalaLov,
and also all other private causes, where the matter:       / l \ -.\$t I~     7       >      t  Ad + in dispute was not above the value of ten drachmae.
Their number was originally thirty, but was increased to forty after the expulsion of the thirty'-,. X,.I,.Q             tyrants, and the restoration of the democracy by
__g  S-\@@      <_Thrasybulus, in consequence, it is said, of the
hatred of the Athenians to the number of thirtyThey differed from other lsc arai, inasmnlhlas
from the Antonine column.) Sometimes the shields they acted as eo'oaywyoEs, as well as decided causes';
were disposed in such a way as to make the testudo  that is, they received the accusation, drew up the
slope.  The soldiers in the first line stood up- indictment, and attended to all that was underright, those in the second stooped a little, and each  stood in Athenian law by the'Tyetoviea roi Kacsr..
line successively was a little lower than the pre-  r-'piou. They consequently may be classed among
ceding down to the last, where the soldiers rested  the regular magistrates of the state. (Pollux, viii.
on one knee.  Such a disposition of the shields  40; Harpocrat. s. v. Kara  8O/ovs  wca-T'ars:
was called Fastigata Testudo, on account of their  Rhetor. Lex. 310. 21; Demosth. c. Timocr. p. 735.
sloping like the roof of a building.  The advan-  11, c. Pantaeen. p. 976. 10; Schubert, De Aedil.
tages of this plan were obvious: the stones and  pp. 96-98; Meier, Alt. Proc. pp. 77-82; Schb.
missiles thrown upon the shields rolled off them  mann, Ant. Jeer. Publ. Grace. p. 267. 10.)
like water from  a roof; besides which, other sol-    TEXTOR, TEXTRINUM. [TELA, p. 1099.]
diers frequently advanced upon them to attack the    THALAMI'TAE, THALA'MIII (aaAai7rat,
enemy upon the walls,  The Romnans were accus- [a  hv tiou).  [NAVIs,, p. 788, a.]




1120             THIARGELIA.                                        TH EATRUM.
THALLO'PHORI  (eaXXoqgpol).   [PANA- 1 the earlier times however they were not criminals,
THENAEA, p. 857, a.]                               but either cripples (Tzetzes, i. c.; Schol. ad ilrisTHALY'SIA  (;aux6ia), a festival celebrated  toph. Ran. 733), or persons who offered to die
ill honour of Dionysus and Demeter (Menand. voluntarily for the good of their country. (Athen.
Rhet. quoted by Meursius), or according to others  ix. p. 370; Suidas, s. v. IlapOevol.)
of Demeter alone, as it is described by Theocritus    The second day of the Thargelia was solemnized
in his seventh idyll, and by the grammarians who  with a procession and an agon which consisted of
wrote the argumenta to the same.  It was held in  a cyclic chorus performed by men at the expense
autumn, after the harvest, to thank the gods for of a choragus.  (Lysias, de l1Iuncr. accept. p. 255;
the benefits they had conferred upon men. (Spain- Antiphon, de Cihoseut. c.  1; Demosth. in AMid. p.
helm  ad Callimnach. hyimn. in Cer. 20 and 137; 517.)  The prize of the victor in this agon was a
Wiistemann ad TLCeocrit. Idyll. vii. 3.)    [L. S.] tripod which he had to dedicate in the temple of
THARGE'LIA  (raap'ysjta), a festival cele-  Apollo which had been builtby Peisistratus.  (Suibrated at Athens on the 6th and 7th of Thargelion  das, s. v. nf0lov.)  On this day it was customary
in honour of Apollo and Artemis (Etymol. M.; for persons who were adopted into a family to be
Suidas, s. v. OapyNixa), or according to the Scho- solemnly registered and received into the genoes!iast on Aristophanes (Equit. 1405) in honour of and the phratria of the adoptive parents.  This
Helios and the Horae; the latter statement how- solemnity was the same as that of registering one'/
ever is in substance the same as the former.  The own children at the apaturia. (Isaeus, de Apollod.
Apollo who was honoured by this festival was the  oered. c. 15. de Aristoarcls. zered. c. 8.)  [ADoPDelian Apollo.  (Athen. x. p. 424.)               TIO (GREEIi).]
2The real festival, or the Thargelia in a narrower    Respecting the origin of the Thargelia there are
sense of the word, appears to have taken place  two accounts. According to Istrus (cp. P/lot. Lea.
on the 7th, and on the preceding day the city  p. 467; Etymfo]. M., and Harpocrat. s.cv. Q,apuatcds)
of Athens or rather its inhabitants were purified. the rpapuaicoi derived their name from one Phar(Plut. Syrup. viii. 1; Diog. Laert. ii. 44; Ilarpo- macus, who having stolen the sacred phials of
crat. s. v., ap/paitis.)  The manner in which this Apollo and being caught in the act by the men of
purification was effected is very extraordinary and  Achilles, was stoned to death, and this event was
certainly a remnant of very ancient rites, for two  commemorated by the awful sacrifice at the Thar.
persons were put to death on that day, and the gelia.  Helladins (p. 534. 3), on the other hand,
one died on behalf of the men and the other on be- states that at first these expiatory sacrifices were
half of the women of Athens. The name by which  offered for the purpose of purifying the city of conthese victims were designated was epapaKot: ac- tagious diseases, as the Athenians after the death
cording to some accounts both of tlhell were men, of the Cretan Androgeus were visited by the
but according to others the one dyinig on bella.lf ofi plague.  A similar festival, probably an imitation
the women was a woman and the other a man. of the Thargelia,  was celebrated  at Massilia.
(Hesych. s. v.,apuatcoL.)  On the day when the (Petron. 141.)  (See:MNeursius, Graecia Feriata,
sacrifice was to be performed the victims were led  s. v. 0~)ap-y/Axa: Bode, Gesci?. desr Iyrisci. Dicltlcust
out of the'city to a place near the sea, with the der HeUlle. i. p. 173, &c., where an account is also
accompaniment of a peculiar melody, called ricpa&ijs given of the tpal'7sis,/duos; K. F. HIermann,
tdcyos, played on the flute. (Hesych. s. v.)  TIhe tIckdb. der Gottesd. Allert/. ~ 60. n. 4. &c.) [L.S.]
neck of the one who died for the men  as sur-    TIIHEA'TRUM  (rEarpov). The Athenians berounded with a garland of black figs, that of the  fore the time of Aeschylus had only a wooden
other with a garland of white ones; and while scaffolding on which their dramas were performed.
they were proceeding to the place of their destiny  Such a wooden theatre was only erected for the
they were beaten with rods of fig-wood, and figs time of the Dionysiac festivals, and was afterwards
and other things were thrown at themn.  Cheese, pulled down.  The first drama that Aeschylus
figs, and cake were put into their hands tlhat they  brought upon the stage was performed upon such a
night eat them.  They were at last burnt on a  wooden scaffold, and it is recorded as a singular
fiuneral pile made of wild fig-wood, and their ashes and ominous coincidence that on that occasion
were thrown into the sea and scattered to the  (500 i. c.) the scaffolding broke down.  To prowlinds. (Tzetzes, C!/il. v. 25.)  Some writers main- vent the recurrence of such anl accident the buildtain fronm  a passage of Ammonius (de Difflrent. ing of a stone theatre was fortlhwith commenced on
Vocab. p. 142, ed. Valck.) that they were thrown  the south-eastern descent of the acropolis, in the
into the sea alive, but this passage leaves the  Lenaea; for it should be observed that throughout
matter uncertain.  W;Ve are not informed whether Greece theatres were always built upon eminences,
this expiatory and purifying sacrifice was offered  or on the sloping side of a hill. The new Athenian
regularly every year, but from the name of the  theatre was built on a very large scale, and appears
victims (cpapeuatcoi) as well as from  the whole ac- to have been constructed with great skill inl regard
count of Tzetzes, which is founded on good au- to its acoustic and perspective arrangements, but
thorities, it appears highly probable that this sa- the name of the architect is not kinoRn.  It is
crifice only took place in case of a heavy calamity  highly probable that dramas were performed ii
having befallen the city (voo'oSdov   rus  rdoewxs), this nesw theatre as soon as it was practicable, and
such as the plague, a famine, &c.  What persons before it -was completely finished, which did not
were chosen as victims on such occasions is not take place till about-B. c. 340, unless we adopt the
mentioned, and we only learn from  Suidas (s. v. untenable supposition that the completion of the
4,applauco) that they were kept at the public ex- Attic theatre at this time refers to a second theatre.
pense (r-eyooia'rpefosjioeos).  But they were in  (Pans. i. 29. ~ 16; Plut. V-it. X. Orat. pp. 841, c,
all probability criminals sentenced to death, and  852, c.)  During this long interval of forty Olymwho were kept by the state from the time of their piads theatres were erected in all parts of Greece
condemnation to be sacrificed at the Thargelia. In  and Asia Minor- although Athess was the centre




THEATRUJM.                                        THEATRUM.                   1121
of the Greek drama and the only place which pro- lopolis, which was reckoned the largest theatre in
duced great masterworks in this department of Greece.  (Paus. viii. 32. ~ 1.)  The great numliterature.  It should also be borne in mind that ber of ruins of theatres may enable us to form
theatres are mentioned in several parts of Greece  an idea of the partiality of the Greeks for such
where the worship of Dionysus and the drama  magnificent buildings, and of their gigantic dimenconnected with it did not exist, so that these build- sions.  The ruins of the theatre at Argos enclose
ings were devoted to other public exhibitions. a space of 450 feet in diameter; the theatre of
Thus at Athens itself there were in later times, Ephesus is even 660 feet in diameter.  Upon
besides the theatre in the Lenaea, two others, viz.  these ruins see the works of Clarke, DodwelL,
the'AypthrrELov and the e&r'PyohXNAp X SaTpov, Leake, Hughes, Arundell, and the Supplement to
which were not destined for dramatic performances, Stuart's Antiquities of Atdlens.
but were only places in which the sophists de-    The construction of the Greek theatres has been
livered their declamations.  At Sparta there was the subject of much discussion and dispute in mo-.a theatre of white marble (Paus. iii. 14. ~ 1) in  dern times, and although all the best writers agree
which assemblies of the people were held, choral on the great divisions of which a theatre consisted,
dances performed, and the like (Athen. iv. p. 139, the details are in many cases mere matters of conxiv. p. 631), for the festive joy of Dionysus and  jecture.  The Attic theatre was, like all the Greek
the regular drama were foreign to the Spartans. theatres, placed in such a manner that the place
All the theatres however which were constructed  for the spectators formed the upper or northin Greece were probably built after the model of western, and the stage with all that belonged to it
that of Athens, and with slight deviations and  the south-eastern part, and between these two
modifications they all resembled one another in the  parts lay the orchestra. We shall consider each of
main points, as is seen in the numerous ruins of these three divisions separately, together with its
theatres in various parts of Greece, Asia Minor, parts and subdivisions, referring the reader to the
and Sicily.  Some of them were of prodigious di- annexed plan which has been made from the remensions.  The theatre at Epidaurus in the grove  mains of Greek theatres still extant, and from  a
of Asclepius, of which considerable ruins are still careful examination of the passages in ancient
extant, excelled in beauty the -Roman theatres  writers which describe the whole or parts of a
(Paus. ii. 27. ~ 5), and in size even that of Mega- theatre, especially in Vitruvius and Pollux.
NtV..........
O.                               M
1. The place for the spectators was in a nar- dot. p. 270; Pollux, iv. 123; Harporat. and Suid.
rower sense of the word called Nea'rpov. The seats s. v. Ka'aroo4,), and when the concourse of people
for the spectators, which were in most cases cut was very great in a theatre, many persons might
into the rock, consisted of rows of benches rising  stand in them. One side of such a passage formed
one above another; the rows themselves (a) formed  towards the upper rows of benches a wall, in which
parts (nearly three-fourths) of concentric circles, in some theatres, though perhaps not at Athens,
and were at intervals divided into compartments niches were excavated which contained metal esby one or more broad passages (b) running between  sels (hXdela) to increase the sounds coming from the
them  and parallel with the benches.  These pas- stage and orchestra.  (Vitruv. i. 1. ~ 9, v. 4;
sages were called  etaCcS6ara, or,KaTaTOeatl, Lat. Stieglitz, Arcliiol. der Baukunst, &c. ii. 1. p. 150.)
praecinctiones (Vitruv. v. 3 and 7; Bekker, Anec- Across the rows of benches ran stairs, by which
4c




1122             TI EATREUM.                                       THEATRUM.
persons might ascend from the lowest to the high- what we'should call the real stage.  That part of
est.  But these stairs ran in straight lines only  it which was nearest to the orchestra, and where
from one praecinctio to another; and the stairs in  the actors stood when they spoke was the Ao-yEsoP,
the next series of rows were just between the two  also called oKpieas or OKpiCalTES, in Latin pulpitu7s,
stairs of the lower series of benches.  By this which was of course raised above the orchestra
course of the stairs the seats were divided into a and probably on a level with the thymele.  What
number of compartments resembling cones from  the dTroJK{clPoy was is not clear; some think that
which the tops are cut off; hence they were termed  it was a place to which the actors withdrew when
Kcepictis, and in Latin cunei.  The whole of the  they had acted their parts, others think that it was
place for the spectators (ea,'rpov) was sometimes the same as the covi,-.rpa (Suidas, s. v. K:irn *j); but
designated by the name  KoZAov, Latin cavea, it as it is stated that the b7rooK5vtlO  was adorned
being in most cases a real excavation of the rock. with statues, it seems more probable that it was
Above the highest row of benches there rose a co- the wall under the Aoyei'ov which faced the orchesvered portico (c), which of course far exceeded in  tra and the spectators.  The acq1jvi or scena was,
height the opposite buildings by which the stage  as we have already stated, the wall which closed
was surrounded, and appears to have also contri- the stage (proscenium and logeum) from  behind.
buted to increase the acoustic effect. (Apul. Met. It represented a suitable background or the locality
iii. p. 49, Bip.)  The entrances to the seats of the  in which the action was going on. Before the play
spectators were partly undergrolmd, and led to the  began, it was covered with a curtain (7rapaTr&acra,
lowest rows of benches, while the upper rows must 7rpooicmviov, av'afae, Latin ealaea or sipsiasue;
have been accessible from above. (Pollux, iv. 123; Etymol. M. s. v. AhAo's: Athen. xiii. p. 587; PolAthen. xiv. p. 622.)                              lux, iv. 122.)  When the play began this curtain
2. The orchestra (hpXio'rpa) was a circular level was let down and was rolled upon a roller underspace extending in front of the spectators, and  neath the stage. The proscenium and logeum thus
somewhat below the lowest row of benches.  But were never concealed from the spectators.  As reit was not a complete circle, one segment of it gards the scenery represented on the 0iKcsvi, it was
being appropriated to the stage.  The orchestra was different for tragedy, comedy, and the satyric
the place for the chorus, where it performed its drama, and for each of these kinds of poetry the
evolutions and dances, for which purpose it was scenery must have been capable of various modificovered with boards.  As the chorus was the ele- cations according to the character of each indiviment out of which the drama arose, so the or- dual play; at least that this was the case with the
chestra was originally the most important part of a  various tragedies, is evident from the scenes detheatre: it formed the centre around which all the  scribed in the tragedies still extant.  In the latter
other parts of the building were grouped.  In the  however the back-ground ('KrIOVs) in most cases
centre of the circle of the orchestra was the aviedXS, represented the front of a palace with a door in the
that is, the altar of Dionysus (d), which was of centre (i) which was called the royal door.  This
course nearer to the stage than to the seats of the  palace generally consisted of two stories (ro-rEyefa,
spectators, the distance from  which was precisely  Pollux, iv. 129), and upon its flat roof there apthe length of a radius of the circle.  In a wider pears to have sometimes been some elevated place
sense the orchestra also comprised the broad pas- from which persons might observe what was going
sages (7rcapo6oi, e) on each side between the pro- on at a distance. (Eurip. Phoeniss. 88, &c.) The
jecting wings of the stage and the seats of the  palace presented on each side a projecting wing,
spectators, through which the chorus entered the  each of which had its separate entrance.  These
orchestra.  The chorus generally arranged itself in  wings generally represented the habitations  of
the space between the thymele and the stage. The  guests and visitors.  All the three doors must have
thymele itself was of a square form, and was used  been visible to the spectators.  (Vitruv. v. 7.)
for various purposes, according to the nature of the  The protagonistes always entered the stage through
different plays, such as a funeral monument, an  the middle or royal door, the deuteragonistes and
altar, &c.  It was made of boards and surrounded  tritagonistes through those on the right and left
on all sides with steps.  It thus stood upon a  wings.  In tragedies like the Prometheus, the
raised platform, which was sometimes occupied by  Persians, Philoctetes, Oedipus in Colonus, and
the leader of the chorus, the flute-player, and the  others the back-ground did not represent a palace.
rhabdophori.  (Muller, Dissert. on the Eunmes. of  There are other pieces again in which the scena
Aeschlyl. p. 249, &c. transl.)  The flute-player as must have been changed in the course of the perwell as the prompter (t6rogoAs6s, amonitor) were  formance, as in the Eumenides of Aeschylus and
generally placed behind the thymele, so as to face  the Ajax of Sophocles.  The dramas of Euripides
the stage and not to be seen by the spectators. required a great variety of scenery; and if in ad(Plut. Rei publ. gerend. psraec. p. 813, e.; Ath. xiv. dition to this we recollect that several Fieces were
p. 631.)  The orchestra as well as the 54arpov lay  played in one day, it is manifest that the mechaniunder the open sky; a roof is nowhere mentioned. cal parts of stage performance. at least in the days
3. The stage.  Steps led from each side of the  of Euripides, must have been brought to great perorchestra: to the stage, and by them  the chorus fection.  The scena in the Satyric drama appears
probably ascended the stage whenever it took a  to have always represented a woody district with
real part in the action itself. The back side of the  hills and grottoes; in comedy the scena represented,
stage was closed by a wall called the aiopivs  or at least in later times, the fronts of private dwell.
scena, from which on each side a wing projected  ings or the habitations of slaves. (Vitruv. v. 8. ~ 1;
which was called the 7rapaatreVlov.  The whole  Pollux, iv. 125.)  The art of scene-painting must
depth of the stage was not very great, as it only  have been applied long before the time of Sophocomprised a segment of the circle of the orchestra. cles, although Aristotle (Poet. iv. 16) ascribes its
The whole space from the scena to the orchestra  introduction to him.  [PIcTURA, p. 908, b.]
was termed the proscenium (7rpoocKmoov), and was    The machines in the Greek theatres were ex,




THEATRUM.                                         THEATRUM.                   1 1 23
tremely numerous, but we are in many cases unable  upper one of gilt wood.  The cavea contained
to form an exact idea of their nature and their  80,000 spectators. (Comp. Plin. H.N. xxxiv. 17.)
effects. We shall only mention the most important  In 55 B. C. Cn. Pompey built the first stone theatre
among them.  1. The 7r'pfaKicot (m) stood near  at Rome near the Campus Martius.  It was of;
the two side entrances of the scena; their form  great beauty, and is said to have been built after
was that of a prisma, and by a single turn they  the  model of that of Mytilene; it contained
produced a change in the scenery. NVitruv. v. 7;  40,000 spectators.  (Plin. H. N. xxxvi. 24. ~ 7;
Pollux, iv. 126.)  2. The Xapcvimot KA/tiaems, or  compare Drumann, Gesch. Roms. iv. p. 520, &c.)
the Charonian steps, by which the shades ascended  C. Curio built in 50 B. c. two magnificent wooden
from the lower world upon the stage. (Pollux, iv. theatres close by one another, which might be
132.)  3. The/ x7Xavy7, Kcpds8 or &cp&?oa, a machine  changed into one amphitheatre.   (Plin. H. Ar.
by which gods or heroes were represented passing  xxxvi. 24. ~ 8.)  After the time of Pompey, howthrough or floating in the air: hence the proverb,  ever, other stone theatres were erected, as the
deus ex machina.  (Pollux, iv. 126, 128, 131; theatre of Marcellus, which was built by Augustus
Suidas, s. v.'Ecip7,ea: Hesych. s. v. Kprar.) 4. The  and called after his nephew Marcellus (Dion Cass.
5(4r'apa or ecKucAvyEa.  [EXOSTRA.]  5. The  xliii. 49; Plin. I. N. xxxvi. 12); and that of
aEoXNoYELov, an especial elevated place above the  Balbus (Plin. 1. c.), whence Suetonius (Aug. 44)
scena for the Olympian gods when they had to ap-  uses the expression per trina -theatra.
pear in their full majesty. (Pollux, iv. 130; Phot.    The construction of a Roman theatre resembled,
Lex. p. 597.)  6. The /porVT'ov, a machine for imi-  on the whole, that of a Greek one.  The principal
tating thunder.  It appears to have been placed  differences are, that the seats of the spectators,
underneath the stage, and to have consisted of which rose in the form of an amphitheatre around
large brazen vessels in which stones were roleed.  the orchestra, did not form  more than a semi(Pollux, iv. 130; Suidas, s. v. Bpom'rl: Vitruv. v. circle; and that the whole of the orchestra like7.)  Respecting several other machines of less im-  wise formed only a semicircle, the diameter of
portance, see Pollux, iv. rrepl Ei'pwWP aeadpov.   which formed the front line of the stage.  The
It is impossibie to enter here upon the differences,. Roman orchestra contained no thymele, and was
which are presented by many ruins of theatres still not destined for a chorus, but contained the seats
extant, from the description we have given above. for senators and other distinguished persons, such
It is only necessary to mention, that in the theatres  as foreign ambassadors, which are called " primus
of the great cities of the Macedonian time the space  subselliorum ordo."  In the year 68 n. c. the tribetween the thymele and the logeum was converted  bune L. Roscius dtho carried a law which regainto a lower stage, upon which mimes, musicians, lated the places in the theatre to be occupied by the
and dancers played, while the ancient stage (pros-  different classes of Roman citizens: it enacted that
cenium and logeum) remained destined, as before4  fourteen ordines of benches were to be assigned as
for the actors in the regular dranma.  This lower  seats to the-equites.  (Liv. Epit. 99; Ascon. sad
stage was sometimes called thymele or orchestra.  Cornel. p. 78, ed. Orelli.)  Hence these quatuor(MUiller,  Hist. of Greek Lit. i. p. 299; Donaldson, decim ordiine  are sometimes mentioned without
Tle Theatre of' the Greeks.)                       any further addition as the honorary seats of the
The Romans must have become acquainted with  equites.  They wvere undoubtedly close behind the
the theatres of the Italian Greeks at an early  seats of the senators and magistrates, and thus
period, whence they erected their own theatres in  consisted of the rows of benches immediately besimilar positions upon the sides of hills.  This is  hind the orchestra.  Velleius (ii. 32) and Cicero
still clear from the ruins of very ancient theatres at  (pro ]m'ren. 19) speak of this law in a manner to
Tusculumn and Faesulae. (Nielbuhr, Hist. of Rome,I ead us to infer that it only restored to the equites
iii. p. 364, &c.) The Romans themselves however  a right which they had possessed before. Another
did not possess a regular stone theatre until a very  part of this law was that spendthrifts and persons
late period, and although dramatic representations  reduced in their circumstances (decoctores), whether
were very popular in earlier times, it appears that through their own fault or not, and whether they
a wooden stage was erected when necessary, and  belonged to the senatorian or equestrian order,
was afterwards pulled down again, and the plays  should no longer occupy the seats assigned to their
of Plautus and Terence were performed on such  order, but occupy a separate place set apart for
temporary scaffoldings.  In the meanwhile many of them.  (Cic. Philip. ii. 18.)  In the reign of Authe neighbouring towns about Rome had their stone  gustus the senate made a decree, that foreign amtheatres, as the introduction of Greek customs and  bassadors should no longer enjoy the privilege
manners was less strongly opposed in then than  mentioned above, as it had sometimes happened
in the city of Rome itself.  Wooden theatres, that freedmen were sent to Rome as ambassadors.
adorned with the most profuse magnificence, were  The soldiers also were separated from  the people
erected at Rome even during the last period of the  by the same decree; the same was the case with
republic. The first attempt to build a stone theatre  women, praetextati and paedagogi. (Suet. Aug. 44.)
was made a short time before the consulship of This separation consisted probably in one or more
P. Cornelius Scipio Nasica.  It was sanctioned by  cunei being assigned to a particular class of perthe censors, and was advancing towards its com-  sons.  The woodcut on the following page contains
pletion, when Scipio, in  55 B. c., persuaded the  a probable representation of the plan of a Roman
senate to command the building to be pulled down  theatre.
as injurious to public morality.  (Liv. Epit. 48.)    Fori a fuller account of the construction  of
-Respecting the magnificent wooden theatre which  Greek and Roman theatres see the commentators
M. Aemilius Scaurus built in his aedile3hip, 58 B.c., on Vitruvius (1. c.), J. Chr. Genelli, das Theater zu
see Pliny, 11. N. xxxvi. 24. ~ 7. Its scena consisted  Athen, hinsichtlich azf Architectur, Scenerie uand
of three stories, and the lowest of them was made  Darstellsosgs Kunsst iiberh7aupt, Berlin, 1818, 8vo.;
of white marble, the middle one of glass, and the  C. C. XV. rSchnider, Das Attische Thiaterwesen,
4c 2




1  24            THEATRUM.                                        THEATRIUM
zain  besse rl Verstehen desr Gsriech. Dramatiker;   As.isAtop7. Equit. 572), and they appear to have
Stieglitz, Archiiologie der Baukuenst der GriechZ. been sometimes covered with a sort of canopy.
und RBmer; Ferrara, Storia e descrip. de' princip. (Aeschin. I. c.) The rows of benches above these
teatri ant. c modferni, Milano, 1830; the Sap- were occupied by the senate of 500, those next in
plement to Stuart's Antiq. of' Athens.  A general succession by the ephebi, and the rest by the
outline is also given, by Miiller, Hist. of' CG. Lit. people -of Athens.  But it would seem that they
i. p. 299, &c.; and by Bode, Gescl. der dasnmat. did not sit indiscriminately, but that the better.Dichtkunst d. Hetlen. i. p. 156, &c.            places were let at a higher price than the others,
It remains to speak of a few points respecting  and that no one had a right to take a place for
the attendance in the Greek theatres.  Theatrical which le had not paid.  (Plat. Apolog. p. 26;
representations at Athens began early in the morn- Aelian. V. H. ii. 13; Demosth. in Mid. p. 572.)
ing, or after breakfast (Aeschin. c. Ctesiph. p. 466; The question, whether in Greece, and more especiAthen. xi. p. 464); and when the,concourse of ally at Athens, women were present at the perpeople was expected to be great, persons would even  formance of tragedies, is one of those which have
go to occupy their seats in the nigt...  The sun given rise to much discussion among modern schocould not be very troublesome to;the actors, as lars, as we have scarcely any passage in ancient
they were in a great measure protected by the  writers in which the presence of women is stated
buildings surrounding the stage, aad the spectators as a positive fact. But Jacobs ( Vermischt. Schliftenz,
protected themselves against it by hats with broad  iv. p. 27'2), and Passow (in Zimmermann's Zeitsci'r.
brims.  (Suidas, s. vv. IIe'asos and ACpdsKcv.) filr die Altertl. 1837. n. 29), have placed it almost
When the weather was fine, especially at the beyond a doubt, from the various allusions made by
Dionysiac festivals in spring, the people appeared  ancient writers, that women were allowed to be
with garlands on their heads; when it was cold, present during the performance of tragedies.  This
as at the Lenaea in January, they used to wrap  opinion is now perfectly confirmed by a passage in
themselves up in their cloaks.  (Suidas, 1. c.) Athenaeus (xii. p. 534), which has been quoted
When a storm or a shower of rain came on sud- by Becker (Charikles, ii. p. 560), in corroboration
denly, the spectators took refuge in the porticoes of the conclusion to which the above mentioned
behind the stage, or in those above the uppermost writers had come.  In this passage we find that at
row of benches.  Those who wished to sit com- Athens, and at the time of the Peloponnesian war,
fortably brought cushions with them.  (Aeschin. the spectators in the theatre consisted of men and
c. Ctesiph.. c.; Theophr. Csar. 2.) As it was not women.  We have, however, on the other hand,
unusual for the theatrical performances to last from  every reason to believe that women were not
ten to twelve hours, the spectators required re- present at comedies, while boys might be present
freshments, and we find that in the intervals be- both at tragedy and comedy.  (Theoph. Cliaract.
tween the several plays, they used to take wine  9; Isaeus, de C'ison. hered. p. 206; Aristoph.
and cakes.  (Athen. xi. p. 464; Aristot. Eth. Nub. 537, &c.; Lucian, de Gymnast. 22.)  The
Nicol. x. 5.)'                      seats which women occupied in the Greek theatres
The whole of the cavea in the Attic theatre appear to have been separated from those of the
must have contained about 50,000 spectators. The men.  (Gittling, in the Rheinisch. l/Mus. 1834,
places for generals, the archons, priests, foreign am- p. 103, &c.)
bassadors, and other distinguished persons, were    For the purpose of maintaining order and prein the lowest rows of benches, and nearest to the venting excesses, the ancients had a sort of theatreorchestra (Pollux, iv. 121  viii. 133; Schol. ad  police; the persons who held this office were called




THENSAE.-                                        THEORI                   l 125
in Greece paa~op6/poL or PaCoOXotL, and at Rome I of the gods to the circus in a complete chariot
Praeconcs.  (Schol. ad Aristoph. Pax, 718.)      (&p/ua iAhov, that is, a telnsa, in opposition -to a mere
Respecting the attendance at the Greek theatres, ferculun), and that this chariot should stand in the
and the conduct of the people, see a very good dis- Capitol immediately opposite to that of Jupiter.
sertation of Becker, in his Charikles, ii. pp. 249 —  (Dion Cass. xliii. 15, 21, 45, xliv. 6.)
278.                                  [L. S.]      Similar homage was paid upon high festivals to
THENSAE or TENSAE (for the orthography  the images of their gods by other ancient nations.
and etymology of the word are alike doubtful, al-  Thus, in the curious ceremonies performed at
though the oldest MSS. generally omit the aspirate)  Papremis  connected  with the worship of the
were highly ornamented sacred vehicles, which, in  Egyptian deity, whom Hierodotus (ii. 63) imagined
the solemn pomp of the Circensian games, conveyed  to be identical with Ares, the statue, enshrined in
the statues of certain deities with all their decora- a chapel made of gilded wood, was dragged in a
tions to the pulvinaria, and after the sports were  four-wheeled car by a body of priests.  So also,
over bore them back to their shrines. (Cic. in Verr., in the account given by Athenaeus (v. c. 27, &c.),
ii. 1, 59, and note of Pseudo-Ascon. iii. 27, v. 72; after Callixenes of Rhodes, of the gorgeous pageant
Serv. ad Virg. Aen.. i. 21; Festus, s.v.; Dlomedes, at Alexandria, during the reign of Ptolemy Philai. p. 372, ed. Putsch.; Dion Cass. xlvii. 40; dielphus, we read of a car of Bacchus of prodigious
Tertull. de Spect. 7.)  We are ignorant of their size, most costly materials, and most elaborate
precise form; for although we find several re- workmanship, which was. dragged by 180 men,
presentations upon ancient medals and other works and to such customs we may find a parallel in
of art, of gods seated in cars, and especially of the  modern times in the usages which prevail at the
sun-chariot of Elagabalus (Herodian. v. 6; see  festivtal of S. Agatha at Catania, and S. Rosolia at
Vaillant, Numismata Imp.. vol. ii. p. 269; Ginzrot, Palermo.
Die MWigen and Fahrwcrke, &c. tab. xlii. fig. 6);    (Scheffer de Re vekiculari, c. 24; Ginzrot, Die
yet we have no means of deciding which, if any,  Wge  zlend Fahsrwerlke der Grieclens and Rnz2er,
of these are tensae.  We know tiat they were  c. 55; but the latter author, both here and elsedrawn by horses (Plut. Cowiolan. 25, who calls  wherei allows his imagination to carry him farther
them  rfcrwas), and escorted (deducere) by the  than his authorities warrant.)        [W. R.]
chief senators in robes of state, who, alang with    THEODOSIA'NUS  CODEX. [CODEx THEOpueri patrimi [PATRIMI], laid hold of the bridles DOSIANUS.]
and traces, or perhaps assisted to drag the carriage    THEOPHA'NIA (irosqxdta), a festival cele(for duceee is used as well as dedzwere, Liv. v. 41), Tarated at Delphi, on the occasion of which the
by means of thongs. attached for the purpose (and  Delphians filled the huge silver crater which had
hence the proposed derivation from  tendo).  So  been presented to the Delphic god by Croesus.
sacred was this duty considered, that Augustus, (Herod. i. 51.)  Valckenaer on Herodotus (I. c.)
when labouring under sickness, deemed it neces- thought that the reading was corrupt, and that
sary to accompany the tensae in a litter.  If one  OeeOivna should be read, as this festival is well
of the horses knocked up or the driver- took the  known to have been celebrated by the Delphians.
reins in his left hand, it was necessary to recom- (Plut. de his qui sero a maz2. pun. p. 557, f; Polemence the procession, and for one of the attendant meon, ap. A4then. ix. p. 372..)  Bu,' both festivals
boys to let go the thong or to stumble was profa- I are mentioned. together by Pollax (i. 34), anad
nation.  (Liv. v. 41; Plut. 1. c.; Ascon. 1. c.; Philostratus (Vit, Apollon. iv. 31).  The TheoArnob. adv. geet. iv. 31; compared with the ora- phania were intended as a celebration of the retion de tlictp. resp. e 11; Tertull. de con'. mil. 13, turn of Apollo to Delphi fiom nwhich he was beand de Specac. 7; Suet. Octav. 43.)              lieved to be absent during the winter months. An
The only gods distinctly named as carried in  agon called theoxenia was also celebrated at Pellene
tensae are Jupiter and Minerva (Suet.. Vespas. 5; is Achaia in honour of Hermes and Apollo. (Schol.
Dion Cass. xlvii. 40, 1. 8, lxvi. 1), to which  ad Pind. 0l. vii. 156, ix. 146.) Butnoparticulars
number Mars is usually added on the autho- of any of these festivals are known.         [L.S.]
rity of Dion Cassius (lxxviii. 8), but, in the pas-    THEO'RI (asewpol), were persons sent on spesage referred to, he merely states, that at the Cir- cial missions (ecepiai) to perform some religious
censinn games celebrated A. D. 216, the statue of duty, as to consult an oracle, or to offer a sacrifice,
Mars, which was in the procession (7ro7resov), fell on behalf of the state.  It is thus explained by the
down, and it is very remarkable that Dionysius grammarians: aEoerpo7rl, A   orelc ae/tY'ol, e 05 pov(vii. 72), in his. minute description of the Pompa'i'oE' repl -e Aea' at ens  ofav iriA7rf E'cot Ica,
Circensis, takes no notice whatever of the Tensae, iopTrs Kail 7rasrvypers   iced XpW rpla. (Haipocr.
but represents the statues of the gods as carried on  Suidas and Hesych. s. v. ~easpoe: compare Pollux,
men's shoulders, i. e. on fercula. That a consider- ii. 55; Sophocl. Oedip.s Tyr. 114.) There were in
able number of deities however received this some of the Dorian states, as the Aeginetans, Troehonour seems probable from  the expression of zenians, Messenians, and Mantineans, official priests
Cicero, in his solemn appeal at the close of the  called aSEwpoi, whose duty it was to consult oracles,
last Verrine oration, " omnesque dii, qui vehiculit interpret the responses, &c., as among the Spartans
tensarum solemnes coetus ludorum initis;" though  there were men called Pythii, chosen by the kings
we cannot determine who these gods-were. We  to consult the oracle at Delphi. (Schmann, Ant.
frequently hear indeed of the chariot of Juno  Jur publ. CG; pp. 130, 395.) At Athens there were
(Virg. Georg. iii. 531), of Cybele (Aen. vi. 784), no official persons called;ecpof, but the name was
and many others, but as these are not mentioned  given to those citizens who were appointed from
in connexion with the Pompa Circensis, there is time to time to conduct religious embassies to
no evidence that they were tensae.  Among the  various places; of which   the  most important
impious flatteries heaped on Caesar, it was decreed  were those that were sent to the Olympian,
that his ivory statue should accompany the images I Pythian, Nemean, and Isthmian games, those
4c 3




1 126              THEORICA.                                      TITEORICA.
that went to consult the God at Delphi, and those  It was then determined that the entrance should
that led the solemn procession to Delos, where the  no longer be gratuitous.  The fee for a place was
-Athenians established a quadriennial festival, in  fixed at two obols, which was paid to the lessee of
revival of the ancient Ionian one, of which Homer  the theatre, (called asEarpCv6js,  a'aTpomr&c~ms, or
speaks. (Thucyd. iii. 104). The expense of these  apXLT'eKc'rWV,) who undertook to keep it in repair,
-embassies was defrayed partly by the state and  and constantly ready for use, on condition of being
partly by wealthy citizens, to whom the manage-  allowed to receive the profits.  This payment conment of them  was entrusted, called &pxtO'sopol, tinned to be exacted after the stone theatre was
chiefs of the embassy.   This was a sort of built.  Pericles, to relieve the poorer classes,
AseLrovpyta, and frequently a very costly one; as  passed a law which enabled them to receive the
the chief conductor represented the state, and was  price of admission from the state; after which all:expected to appear with a suitable degree of those citizens whp were too poor to pay for their
splendour; for instance, to wear a golden crown, places applied for the money in the public assembly,
to drive into the city with a handsome chariot, which was then frequently held in the theatre.
retinue, &c.  Nicias, who was very rich, is re-  (Schbmann, Id. p. 219.)  In process of time this
ported to have incurred great expenses on his  donation was extended to other entertainments beembassy to Delos, beyond what was required of sides theatrical ones - the sum of two oboli being
him; and Alcibiades astonished all the spectators  given to each citizen who attended; if the festival
at Olympia by the magnificence of his horses, lasted two days, four oboli; and if three, six oboli
chariots, &c., and the profuseness of his expendi- but not beyond.  Ience all theoric largesses reture. (Bickh, Publ. Eeoc. of. Allens, p. 214, &c. ceived the name of &lweAL'a.  The sums thus
2d ed.; Thirlwall, Hist. of Greece, vol. iii. pp. 217, given varied at different times, and of course de330.)  [DELIA.]                                  pended on the state of the public exchequer.
The Salaminian, or Delian, ship was also called  These distributions of money, like those of grain
(Scwpls YaDs, and.was principally used for convey- and flour, were called  tayvo.al[, or  taao'-res.
ing embassies to Delos, though, like the Paralus, They were often made at the Dionysia, when the
it was employed on other expeditions besides. allies were present, and saw the surplus of their
(Suidas, i. c.; Bickh, Id. p. 240.)    [C. R. K.]  tribute distributed from the orchestra.  The appeTHEO'RIA  (aewpLa).  [THEORI.]                tite of the people for largesses grew by encourageTHEO'RICA (asewptzK).  Under this name at ment, stimulated from time to time by designing
Athens were comprised the monies.expended on  demagogues; and in the time of Demosthenes
festivals, sacrifices, and public entertainments of they seem not to have been confined to the poorer
various kinds; and also monies distributed among  classes.  (Philip. iv. 141.)  Bbckh calculates that
the people in the shape of largesses from the state. from 25 to 30 talents were spent upon them annuThere were, according to Xenophon, mare festi- ally.  (Publ. Econ. of Athens, p. 224, 2d ed.)
vals at Athens than in all the rest of Greece. (De    So large an expenditure of the public funds
Rep. Ath. iii. 8.)  Besides those which were open  upon shows and amusements absorbed the reto the whole body of the people, there were many  sources, which were demanded for services of a
confined to the members of each tribe, deme, and  more important nature.  By the ancient law the
house.  These last were provided for out of the  whole surplus of the annual revenue which reprivate funds of the community who celebrated  mained after the expense of the civil administra.
them.  At the most important of:the public festi- tion (T& 7repio,'ra XptuaTra T7rs  loetcilaeos) was to
vals, such as the Dionysia, Panatkenaea, Eleusinia, be carried to the military fund, and applied to the
Thargelia, and some others, there were not only  defence of the commoinwealth.  Since the time of
sacrifices, but processions, theatrical exhibitions, Pericles various demagogues had sprung up, who
gymnastic contests, and games, celebrated with  induced the people to divert all that could be
great splendour and" at a great expense.  A portion  spared from  the other branches of civil expendiof the expense was defrayed by the individuals,  ture into the Theoric fund, which at length swalupon whom the burden of XerTovpyia devolved; lowed up the whole surplus, and the supplies
but a considerable, and perhaps the larger, part needed for the purpose of war or defence were
was defrayed by the public treasury.  Demos- left to depend upon the extraordinary contributhenes complains, that more money was spent on a  tions, or property-tax (ietopopat). An attempt was
single Panathenaic or Dionysiac festival than on  made by the demagogue Eubulus, of whom Theoany military expedition. (Philip. i. 50.) The reli- pompus says, that 7aEs rpoo'd4ovs KcaTaul(eoq0op&~,
gious embassies to Delos and other places, and  aeIE'El (Athen. iv. p. 166), to perpetuate this
especially those to the Olympian, Nemean, Isth-  system. He passed a law, which made it a capital
mian, and Pythian games, drew largely upon the  offence to propose that the Theoric fund should be
public exchequer, though a part of the cost fell applied to military service.  In B. C. 353 Apolloupon the wealthier citizens who conducted them. dorus carried a decree empowering the people to
(Schiimann, Ant. Jur. publ. Gr. p. 305.)         determine whether the surplus revenue might be
The largesses distributed among the people had  applied to the purpose of war; for which he was inltheir Origin at an early period, and in a measure  dicted by a ypaq) worapavxuwv, convicted and fined;
apparently harmless, though from a small begin- and the decree was annulled, as a matter of course.
ning they afterwards rose to a height most in-  (Demosth. c. Neaer. 1346-1348.)  The law of
jurious to the commonwealth.  The Attic drama  Eubulus was a source of great embarrassment to
used to be performed in a wooden theatre, and the  Demosthenes, in the prosecutions of his schemes
entrance was free to all citizens who chose to go. for the national defence; and he seems at last, but
It was found, however, that the crushing to get in  not before B. c. 339, to have succeeded in repealled to much. confusion and even danger.  On one  ing it.  (Harpocr. and Suidas, s. v. OEwpacdi and
occasion, about B. c. 500, the scaffolding which  E60ovXos: Bbckh. Id. i. pp. 219 —223; Schisupported the roof fell in, and caused great alarm. mann, Id. p. 307.)




TIHESAURUS.'THESMOPIIORIA.                1127
In the earlier times there was no person, or perty (iKFceLxAa). Such are the treasury of Miboard of persons, expressly appointed to manage  nyas, at Orchomenus, described by Pausanias (ix.
the Theoric fund.  The money thus appropriated  38), and of which some remains still exist (Dodwas disbursed by the Hellenotanliae.  After the  well, vol. i. p. 227), and those of Atreus and his
anarchy, the largess system having been restored  sons at Mycenae (Paus. ii. 16), the chief one of
by Agyrrhius, a board of managers was appointed, which, the so-called Treasury of Atreus, still exists
who are called apx/ e7rl ArP rSeWpLKo, ol E7rl TIb  almost in a perfect state.  The preceding woodcut,eWptIKCb TrETWayUeVoL or CEXelpoTov7O7ErVOL, (ewptcvK   shows a ground-plan of the building, and a section
iPX%, &c. They were elected by show of hands  of the principal chamber, which is about 48 feet in
at the period of the great Dionysia, one from each  diameter, and 50 high, and is vaulted over in the
tribe. In the time of Eubulus many other branches  manner described under Aucus, p. 128, a.  The
of the administration were placed under the control remains of similar structures have been found at
of this board; as the management of the civil ex- various places in Greece and Italy.
penditure, the office of the Apodectae, the building    It is, however, very questionable whether these
of docks, arsenals, streets, &c. This was dictated  edifices were treasuries at all: some of the best
by an anxiety on the part of'the people that no, archaeologists maintain that they  were tombs.
part of the revenue should be improperly diverted  The question cannot be entered into here: a full
from the Theoric fund, which they thought would  discussion of it, with a description of the buildings
be prevented by increasing the powers of its mana- themselves wi'll be found in the works now quoted.
gers.  But these extraordinary powers. appear not (MilIee, Archeiol. d. Kmzst, ~~ 48, 291, Welcker's,
to have been of long continuance.  (Aeschin. c. edition.; Welcker's review of MUller'sArchiologie,
Ctesiph. 57, ed. Steph.; Bickh, p. 170, &c.; Schi- in the lltein. Aigus. for 1834, vol. ii. pp. 469, foell.;
mann, Id. 320; Wachhsmth, Hellcn. Alt. vol. ii. Col. Mure, Ueber die Kaiaqlichlen Grabmiiler des
pt. i. pp. 124-127, 1st ed.)       [C. R. K.]    hevoisceen Zeitalters, in the Rhein. Muss. for 1838,
THEOXE'NIA.  [THEOPHANIA.]                     vol. vi. pp. 240, foell.; we are not aware whether
THERAPON (epdrcewv).  [H;Los s.]             this Essay has been published in English; Abeken,
THERMAE.  [BALN:AE, p. 193, b.]                Mittelitalien, pp. 234, foll.)
THERMOPO'LIUM.  [CALIDA;, CAUPONA.]    In the historical times, the public treasury was
THESAURUS (,roaavpds), a treasure-house. either in a building attached to the ayora, or in
That buildings of this description were required, the opisthodoneus of some temple. (Hirt, Lehlre d.
especially by kings and states, in the earliest period  Gebliude, pp. 189, 190.)
of civilization, is self-evident; and tradition points    Respecting the public treasury at Rome, see
to subterranean buildings in Gxeece, of unknown  AERARIUIM.                            [P. S.]
antiquity and of peculiar formation, as having been    THESEIA (faeiE7a), a festival celebrated by the
erected during the heroic period, for the purpose of Athenians in honour of their national hero Theseus
preserving precious metals, arms, and other pro- (Aristoph. Plht. 622, &c. with the Schol. Thes..
moph. 841; Suidas, s. sn. ~VerILoLs), whom they
believed to have been the author of their democratical form  of government.  In consequence of
this belief donations, of bread and meat were given
to the poor people at the Theseia, which thus was:___ -~. for them a feast at which they felt no want and
might fancy themselves equal to the wealthiest
-itizens.  We learn from Gellius (xv. 20. ~ 3), /;I~i~;              ~z6  that a contest also was held on this occasion, but
a_____i_;____                               wle are not informed in what it consisted.  The
-        F      /..;'        S.: \. 1. r  Iday on which this festival was held was the eighth
of every month ('oysda), but more especially the
eighth of Pyanepsion, because it was believed that
Theseus returned firom Crete on that day. (Schol.
SECTION.                      ad Aristop&... G.; Plut. Thes. 36.)  Hence the festival was sometimes called  y3o'd1tov. (Hesych. s. v.)
From the passages above referred to, compared
o.........                           with Diodorus (v. 52), it appears highly probable
s.. c                              that the festival of the Theseia was not instituted
till B. C. 469, when Cimon brought the remains of
Theseus from Scyros to Athens.
(Meursius, Grae. Fer. s. v. ~v.Ore-a, Theseus, p.
133; Corsini, Fast. Att. ii. p. 330; Ideler, Histor.
Untersuchoungen aber die Astronom. Beobacltunag. der
l! gA t / Alten, p. 383, &c.)                [L.S.]
l.....L.....a..... A-                    THESMOPHOpRIA(~Oe/oidpma), a great fes~' __- rtival and mysteries celebrated in honour of Demeter
in various parts of Greece, and only by married
women, though some ceremonies also were per..
formed by maidens.  The Attic Thesmophoria
were held in the month of Pyanepsion and began
on the eleventh.  Its introduction is ascribed by
PLArN.                      Demosthenes, Diodorus Siculus, and Plutarch (ap.
A, entrance: B, principal chamber: C, small side  Tleodoret. Therap. ) to Orpheus, while Herodotus
chamber.                      (si. 171) states that it was introduced into Greece
4c 4




1128           THESMOPHORIA.                                        THOLUS,
from Egypt by the daughters of Danaus, who made  atonement for any excess or error which might
the Pelasgian women of Peloponnesus acquainted  have been committed during the sacred days, and
with the mysteries, that after the Dorian conquest this sacrifice was probably offered at the close of
they fell into disuse, and were only preserved by  the third day.
the Arcadians, who remained undisturbed in their    There are several other particulars mentioned
ancient seats.  Thus much appears certain from  by ancient writers as forming part of. the Thesmothe name of the festival itself, that it was intended  phoria, but we are not able to ascertain in what
to commemorate the introduction of the laws and  manner they were connected with the festival, or
regulations of civilized life, which was universally  on what day they took place.
ascribed to Demeter.  (Diodor. v. 5.)  Respecting    Thesmophoria were also celebrated in many other
the duration of the Attic Thesmophoria, various parts of Greece, as stated above.  The principal
opinions are entertained both by ancient and mo- places where they are mentioned by ancient authors
dern writers.  According to Hesychius (s. v. TpTr7  are the following:-Sparta, where the festival lasted
OEO'lopOp['v) it lasted four days: it has been in- for three days (Hesych. s. v. Tpr/cepos); Drymaea
ferred from Aristophanes (Thesmoph. 80) that it in Phocis (Paus. x. 33. ~ 6; Steph. Byz. s.v.
lasted for five days.  Such discrepancies have un- Apuvufa); Thebes in Boeotia (Plut. Pelop. p. 280;
doubtedly arisen from the circumstance that the  Xenoph. Hellen. v. 2. ~ 29); Miletus (Steph. Byz.
women spent several days before the commence- s.v. MI'Xl7Tos: Diog. Lalrt. ix. ~ 43), Syracuse
ment of the real festival in preparations and puri- (Athen. xiv. p. 647), Eretria in Euboea (Plut.
fications, during which they were especially bound  Qaest. Gr. p. 298, b. &c.), Delos (Athen. iii.
to abstain from sexual intercourse, and for this pur- p. 109), -Ephesus (Strab. xiv. p. 633; Herod. vi.
pose they slept and sat upon particular kinds of 16), Agrigentum  (Polyaen. v. 1. 1), and other
herbs which were believed to have a purifying ef- places.  But of their celebration in these towns we
fect.  (Ilesych. s. v. Kv'ipopv  Etymol. M. s. v. know no more than a few isolated particulars which
Zc6poaos,: Aelian. Nat. An. ix. 26; Schol. ad  are mentioned in the passages referred to.
Theocrit. iv. 25; Dioscorid. i. 135; Plin. H. N.    (Metrsius, Grcaecia Feazta, s.v. O~e0eocl6pia:
xxiv. 19; Stephan. Byz. s. v. MItrTos.)  During  Wellauer, de Tlhesmophor7iis, Wratislaviae 1820,
this time the women of each demos appointed two  8vo.; Creuzer, Symsbol. iv. p. 440, &c.; Preller ins
married women from among themselves to con- Zimmermasnn's Zeitschrift, 1835, n. 98; and in
duct the preliminary solemnities (4pxelv e'r ha'  general Wachsmuth, Icelez. Alt. ii. p. 574, 2d ed.
ealuoqdp6a, Isaeus, de Ciron. he.red. p. 208, ed. &c.; K. F. Hermamnn, Haadb. der Gottesd. Alterth.
Reisk.), and their husbands who had received a  ~ 56. n. 15, &c.)                      [L. S.]
dowry amounting to three talents, had to pay the    THESMOPHY/LACES             (eertorpuXAa1ces).
expenses for the solemnity in the form of a liturgy. [HENDECA.]
(Isaeus, de Pyrrh. hered. p. 66.)  The festival    THESMOS (aeo'fxs).  [NomIos.]
itself, which according to the most probable sup-   THESMO'THETAE  (aeoyuoOE'Tai).   [Art
position, also adopted by WVellauer (de Tlhesmo- CHON.]
phoriis, p. 6), lasted only for three days, began on    THESSA (;iacaa).  [HEREs, p. 597, b.]
the 11th of Pyanepsion, which day was called    THETES (a;Tres). In earlier times this name
&robos or iK0Oo8os (Hesych. s. v. "Avo3os) from the denoted any.freemen who worked for hire (ol
circumstance that the solemnities were opened by  gveca T'rpoJps aovxeus'vres, Photius, s. v.;?AevOepcv
the women with a-procession from Athens to Eleusis. 6rolua aih 7rerrv av  r' appyvpigp ouXev6vTrcov, Pollux,
In this procession they carried on their heads sacred  iii. 32).  Homer (Od. iv. 644, xviii. 356) speaks
laws (v6,zqu,)o fLO X ot or;erlzoi), the introduction of of 5?,eS TIe Keis re, the latter properly signify.which was ascribed to Demeter (POE-uoqsppos, and ing those who became slaves by captivity.  They
other symbols of civilised life. (Schol. at Thleocrit. are to be distinguished not only from all common
xiv. 23.) The women spent the night at Eleusis in  slaves, but also from those persons who were in the
celebrating the mysteries of the goddess.  (Aen. condition of the Penestae or Helots. (Wachsmuth,
Tact. Poliocre. 4.)                              Hell. Alt. vol. i. pt. i. pp. 235, 255, 322, 1st ed.;
The second day, called VrTrTeia (Athen. vii. Schbmann, Asnt. Jar. pub. Gr. p. 70.) The persons
p. 307), was a day of mourning, during which the best known by the name of  ir'es are the members
women sat on the ground around the statue of of the fourth or lowest class at Athens, according
Demeter, and took no other food than cakes made to the political division of Solon. They are spoken
of sesame and honey (rsoaeauois, Aristoph. Thes- of under CENsvs.                   [C. R. K.]
moph. 535, Pax, 820). On this day no meetings    THIASOS (ilanos).  [DIoNYSIA, p. 411, a;
either of the senate or the people were held. ERANI, p. 475, b.]
(Aristoph. Thesm.' 79.)  It was probably in the    THOLIA (oxia).  [UanBRACULUM.]
afternoon of this day that the women held a pro-    THOLUS (eo'Aos, S and a, also called acids)
cession at Athens, in which they walked barefooted  is a name which was given to any round building
behind a waggon, upon which baskets with mys- which terminated at the top in a point, whatever
tical symbols were conveyed totheThesmophorion. might be the purpose for which it was used.
(Aristoph. Tloeszs. 276, &c.) The third day, called  (flesych. and Suidas. s v. v. oos: Od. xxii. 442,
KahXydverEa from the circumstance that Demeter 459, 466.)  At Athens the name was in particular
was invoked under this name (Aristoph. T/sesma. applied to the new round prytaneum  near the
296), was a day of merriment and raillery among senate-house, which should not be confounded with
the women themselves, in commemoration of Iambe  the old prytaneum at the foot of the acropolis.
who was said to have made the goddess smile (Paus. i. 5. ~ 1, 18. ~ 13.)  It was therefore the
during her grief. (Aristoph. Tlesrm. 792, Ran. 390; place in which the prytanes took their conmmon
Tlesych. s. v.:r7WYsa: Phot. Lex. p. 397; Apollod. meals and offered their sacrifices.  It was adorned
i. 5. ~ 1.)  Hesychius mentions a sacrifice called  with some small silver statues (Pollux, viii. 1355
g/itra, which was offered to the goddess as an  Demosth. de Feals. Legy. p. 419), and near it stood




THRONUS.                                        TIIYRSUS.                 1 129
the ten statues of the Attic   cv7rUoI. [EPONYMII, monarchs were sometimes deposited in the temples
PRYTANEIUMI.]                                    as DONARIA. (Paus. ii. ]9. ~ 4, v. 12. ~ 3.)
Other Greek cities had likewise their public    The following woodcut, taken from a fictile vase
l4Xot: thus we find that Polycletus built one of in the Museo Borbonico at Naples, represents Juno
white marble at Epidaurus, the inside of which  seated on a splendid throne, which is elevated, like
was adorned with paintings by Pausias.  It was those already described, on a basement. She holds
originally surrounded by columns, of which in the  in her left hand a sceptre, and in her right the
days of Pausanias six only were standing, and  apple, which Mercury is about to convey to Paris
upon these were inscribed the names of such per-  with a view to the celebrated contest for beauty
sons as had been cured of some disease by Ascle- on Mount Ida.  Mercury is distinguished by his
pius, together with the name of the disease itself TALARIA, his CADUCEUs, and his petasus thrown
and the manner in which they had obtained their behind his back and hanging by its string.  On
recovery.  (Paus. ii. 17. ~ 3.)       [L. S.]   the right side of the throne is the representation of
THORAX.  [LORWCA.]                            a tigress or panther.
THRACES.  [GLADIATORES, p. 576, a.]
THRANI'TAE (apa,?rat). [NAVIS,p. 788,a.1
THRONUS, the Greek &plvos, for which the
proper Latin term is soliron.; a throne.  This did
not differ from  a chair (Ka0oepa) [CATHEDRA; 
SELLA] except in being higher, larger, and in all
respects more magnificent. (Athen. v. p. 192, e.)
On account of its elevation it was always neces-'
sarily accompanied by a foot-stool (subsellizuo,                     I,
W7ro7rSLo,, Att. apyivtov, lon. ap1vvS, Hoem. It. xiv...
240, Od. i. 131, x. 315).  Besides a variety of    )         -
stowed upon the throne itself, it was often covered
with beautiful and splendid drapery. (Hom. Od.      j,.b l+
xx. 150.) [TAPES.]  The accompanying woodcut                                      1/
shows two gilded thrones with cushions and dra-I 
pery represented on paintings found at Resina.
(Ant. d'Erc. vol. i. tav. 29.) These were intended -               _                   % 
to be the thrones of Mars and Venus, which is                        O
expressed by the'helmet on the one and the dove                                      -
on the other.                                                           _/. —.~,4f  11    9   | A           The elevated seat used by a schoolmaster was
l!IX        A      / 1  11 \called his throne. (Bruilck, Anal. ii. 417.) [J. Y.]
_- id,] W I X 1  A    THY'MELE (vEq.q).        [THEATRUM, p. 1122. ]:]f~~~~/':~'- "           THYRSUS (a upoos), a pole carried by Dionysus, and by Satyrs, Macnades, and others who
engaged in Bacchic festivities and rites. (Athen.
iJ4W.Wz t           ~; l} nfl47 l vxiv. p. 631, a.; Vell. Pat. ii. 832.)  [DIONYSIA,
f     p. 411, a.]  It was sometimes terminated by the
t:P;!    1 SiV  t  h     4 apple of the pine, or fir-cone (,~cvonppos, Brunck,'AA4nal. i. 421), that tree (TrievKm) being dedicated
to Dionysus in consequence of the use of the turpentine which flowed from it, and also of its cones,
All the greater gods were sometimes represented  in making wine. (Walpole, lIemn. on Ear. and A s.
as enthroned.  This was in imitation of the prac-  Tar/ey, p. 235.)  The monuments of ancient art,
tice adopted by mortals, and more particularly in  holwever, most commonly exhibit instead of the
Asia, as in the case of Xerxes (Philostr. Imnc~/. ii. pine-apple a bunch of vine or ivy-leaves (Ovid.
31), and of the Parthians.  (Claud. in IV. Cons. MAet. xi. 27, 28; Propert. iii. 3. 35) with grapes or
11ionor. 214.)  When the sitting statue of the god  berries, arranged into the form  of a cone.  The
was colossal, the throne was of course great in pro- following woodcut, taken from a marble ornament
portion, and consequently presented a very eligible  (Alon. M3atth. ii. tab. 86), shows the head of a
field for the display of sculpture and painting. As thyrsus composed of the leaves and berries of the
early as the sixth century before Christ Bathycles  ivy, and surrounded by acanthus leaves.  Very
of Magnesia thus decorated the throne of the  frequently also a white fillet was tied to the pole
Amyclaean Apollo. (Diet. of Biog. art. Bathycles.) just below the head, in the manner represented in
The throne of the Olympian Zeus, the work of the woodcut on p. 136, b., where each of the figures
Pheidias, was constructed and ornamented in a  holds a thyrsus in her hand.  See also the woodsimilar manner.  (Diet. of Biog. art. Pheidias, cut to FUNA.MvBUL s and VANNUS. (Statius, Tieb.
vol. iii. p. 252.)  As a chair for common use was vii. 654.)  [INSTITA.]   The fabulous history of
sometimes made to hold two persons (Hom. II. iii. Bacchus relates that he converted the thyrsi car424, Od. xvii. 330) and a throne shared by two  ried by himself and his followers into dangerous
potentates (8l(ppov, Doris, ap. Athen. i. p. 17, f.), so  weapons, by concealing an iron point in the head
two divinities were sometimes supposed to occupy  of leaves.  (Diod. iii. 64, iv. 4; Macrob. Sat. i.
the same throne. (Paus. viii. 37. ~ 2.) Besides those  19.)  Hence his thyrsus is called "a'; spear enbelonging to the statues of the gods, the thrones of veloped in vine-leaves " (Ovid. Ifet. iii. 66 7), and




1130               TIARA.                                            TIBIA.
and which was variegated with white spots uponr
a blue ground. The Persian name for this regal
head-dress was cidaris.  (Curt. iii. 8; cidapls or
/  tdiapis, Strabo, xi. 12. ~ 9; Pollux, vii. ~,58.)
The preceding woodcut shows the cidaris as represented on a gem  in the Royal Cabinet at Paris,
and supposed by Caylus to be worn by a sovereign
of Armenia. (Recuseil d'Anlt. ii. p. 124.)  From
(~ )'~~~ ia very remote period (Aeschyl. Peps. 668) down
to the present day the tiara of the king of Persia
has been commonly adorned with gold and jewelT                    lery.                                 [J. Y.
TI'BIA (aevls), a pipe, the commonest musical
ui[i, ~        S         $02 2 X 01instrument of the Greeks and Romans. It w.las
very frequently a hollow  cane perforated with
holes in the proper places. (Plin. IT. N. xvi. 36.
V  i EE, tli.  s. 66; Athen. iv. p. 182.)  In other instances it
was made of some kind of wood, especially box,
and was bored with a gimblet (terebrato buxao
its point was thought to incite to madness. (-or. Ovid. Fast. vi. 697). The Phoenicians used a pipe,
Cares. ii. 19. 8; Ovid. Amors. iii. 1. 23, iii. 15. 17, called giny2rus, or abxAs Lpy'yyp'abos, which did not
Trist. iv. 1. 43; Brunck, Anal. iii. 201; Orph. exceed a span in length, and was made of a small
issnn. xlv. 5, 1. 8.)                [J. Y.]   reed or straw. (Athen. iv. p. 174, f; Festus, s.s,.
TIA'RA or TIA'RAS (TLdpa or Trldpas: Att. G'irygsiator.) The use of the same variety in Egypt.cupgars a, Moeris, s.v.; Herod. v.  49, vii. 64; is proved by specimens in the British Museumn,
Aristoph. Aves, 487), a hat with a large high  which were discovered in an Egyptian tomb.
crown.  This was the head-dress which character-    When a single pipe was used by itself, the perized the north.western Asiatics, and more especially  former upon it, as well as the instrument, was
the Armenians (Xen. Cyr. 1. ~ 13; Sueton. Nero, called  2onalslos.  (Mart. xiv. 64; *    evavos!
13), the Parthians, and the Persians (Herod. iii. Brunck, Anal. i. 484.)  Thus used, it was much
12; Philost. Sen. Inzaq. ii. 31; Plaut. Pi'es. iv. in fashion at Alexandria.  (Athen. iv. p. 174, b.)
2. 2), as distinguished  from the Greeks and Ro-  When its size became considerable, and it was
mans, whose hats fitted the head or had only a  both strengthened and adorned by the addition of
low crown.  The Mysian hat, or " Phrygian bon- metallic or ivory rings (Hor. Art. Poet. 202-205;
net," as it is now called [PILEUS, p. 919, b.], was Propert. iv. 6. 8), it must have been comparable
a kind of tiara (Virg. Aen. vii. 247; Servius, in loc.; to the flageolet, or even to the clarionet of modern
Sen. T/yest. iv. 1. 40, 41; Philostr. Jun. Imag. times.  Among the varieties of the single pipe the
8), formed with lappets to be tied under the chin  most remarkable were the bag-pipe, the performer
(Juv. vi. 516; Val. Flacc. vi. 700), and dyed  on which was called utricelaizus (Sueton. Nero,
purple.  (Ovid. Met. xi. 181.)                   54) or adKaveAXs  (Ozonzast.); and the  aeAle
The king of Persia wore an erect tiara, whilst irXdyLos or w7rAeynavAos (Theocrit. xx. 29; Longus,
those of his subjects were soft and flexible, falling  i. 2; Heliodor. Aetliop. v.; Aelian, IH. A. vi. 19;
on one side.  (Herod. vii. 61; Xen. Anab. ii. 5. Eustath. in Homn. I1. xviii. 495), which, as its
~ 23, Cyrop. viii. 3. ~ 13; Schol. in Aristophl. I. c.) name implies, had a mouth-piece inserted into it
He was also distinguished by the splendid colours at right angles.  Its form is shown in a restored
of his tiara (Themist. Orat. 2. p. 36, c., 24. p. terminal statue of Pan in the Townley collection
306, c.), and by a DIADEMA, which encircled it, of the British Museum.  Pan was the reputed
inventor of this kind of tibia (Bion, iii. 7) as well
as of the fistutla or SYRINX.
But among the Greeks and Romans it was much
more usual to play on two pipes at the same time.
Hence a performance on this instrument (tibicieilssn,
Gellius, iv. 13), even when executed by a single
person, was called canere or cantare tibiis. (Gellius,
N. A. xv. 17; Corn. Nepos, xv. 2. ~ 1.)  This
act is exhibited in very numerous works of ancient
art, and often in such a way as to make it manifest
that the two pipes were perfectly distinct, and not
connected, as some have supposed, by a common
mouth-piece.  We see this more especially in two
beautifill paintings, which were found at Resina
and Civith Vecchia, and which represent Marsyas
teaching the young Olympus to play on the double
pipe.  (Ant. d' EErcolano, i. tav. 9, iii. tav. 19
compare Paus. x. 30. ~ 5.)  The tibiae pares in
the British Museum, which were found with a lyre
in a tomb at Athens, appear to be of cedar. Their
length is about 15 inches.  Each of them had a
separate mouth-piece (ywXrls), and besides the
hole at the end it has five holes along the top and
one underneath.  The circumstance of these three




~ TIBIA.                                         TIMEMA.                 1131
instruments being found together, is in accordance  of music at public festivals, a band of tibicines
with the fact, that they are very commonly men- preceded a Roman general when lie triumphed.
tioned together by ancient authors (Pind. 01. iii. (Florus, ii. 2.)  3. The gravity and solemnity of
9, xi. 97, 98, Isth. iv. 30, ed. B6ckh; 1 Cop. xiv. the Phrygian pipes, which adapted them  to the
7); and the reason of this was, that performances worship of Cybele, also caused them to be used at
on the double pipe were very frequently accom- funerals. (Statius, T/keb. vi. 120; compare Joseph.
panied by the music of the lyre. (Hor. Epod. ix. B. J. iii. 8. 5; Matt. ix. 23.)  The pipe was the
5.) The mouth-pieces of the two pipes often passed  instrument principally used to regulate the dance
through a CAPISTRUM.  (See woodcut, p. 553.)   [SALTATIO], whether at sacrifices, festivals, or
Three different kinds of pipes were originally  private occasions in domestic life (Herod. vi. 129);
used to produce music in the Porian, Phrygian, by means of it also the rowers kept time in a
and Lydian modes. [MusICA, p. 777.]  About trireme. (Max.Tyr. 23.)
the third century B. c., Pronomus, the Theban, in-    Notwithstanding the established use of the pipe
vented adjustments (&pxovliaL) by which the same for these important purposes, it was regarded, more
set of pipes might be fitted to all the modes. (Paus. especially by the Athenians, as an inelegant inix. 12. ~ 4; Athen. xiv. p. 631, e.)  In what strument, greatly inferior to the lyre. (Plut. Alcib.
these adjustments consisted we are not clearly in- p. 351; Gellius, N. A. xv. 17; Aristot. Polit. viii.
1formed.  Probably stopples or plugs (ma/or) were  6.)  Horace, however, represents Clio as performused for this purpose.  It appears also, that to ing according to circumstances either on the lyre
produce the Phrygian mode the pipe had only two or the pipe (CaraL. i. 12. 2; compare Philost. Sen.
holes above (biforis, Virg. Aenz. ix. 617-620), Imalc. ii. 5); and it is certain that the pipe was by
and that it terminated in a horn bending upwards. no means confined anciently, as it is with us, to
(Tibull. ii. 1. 86; Ovid. Met. iii. 533.)  It thus the male sex, but that avbAItpTi'es, or female tibiapproached to the nature of a trumpet, and pro- cines, were very common. (Xen. Syrup. ii. 1; eIor.
duced slow, grave, and solemn tunes. The Lydian Epist. i. 14. 25.)  The Thebans always esteemed
mode was much quicker, and more varied and this instrument, and excelled greatly in the use of
animating.  Horace mentions " Lydian pipes " as it.  (Anltol. ed. Jacobs. ii. 633.)   [J. Y.]
a proper accompaniment, when he is celebrating    TIBI'CEN.  [TIBIA.]
the praise of ancient heroes (Carnz, iv. 13. 30).   TIGNI IMMITTENDI SERVITUS. [SERS
The Lydians themselves used this instrument in  VITUTEs, p. 1031, b.]
leading their troops to battle; and the pipes, em-    TIMEIMA (rl*uwska).  The penalty imposed in
ployed for the purpose, are distinguished by Hero- a court of criminal justice at Athens, and also the
dotus (i. 17) as "male and female," i. e. probably  damages awarded in a civil action, received the
bass and treble, corresponding to the ordinary  name of TlV/qyla, because they were estimated or
sexual difference in the human voice.  The corre- assessed according to the injury which the public
sponding Latin terms are tibia dextra and sinistra  or the individual might respectively have sustained.
(laeva, Plin. I. e.): the respective instruments are  The penalty was either fixed by the judge, or
supposed to have been so called, because the for- merely declared by him according to some estimate
mer iwas more properly held in the right hand and  made before the cause came into court.  In the
the latter in the left.  The "tibia dext ta " was first case the trial was called &ybv L'rtuTlbs, in the
used to lead or commence a piece of music, and  second case &ye&' a&Tr[lros, a distinction which
the " sinistra " followed it as an accompaniment. applies to civil as well as to criminal trials.
Hence the former was called incentiva, the latter    It is obvious that on a criminal charge two
s2ceentiva. (Varro, de Re Rust. i. 2.) The comedies inquiries have to be made; first, whether the deof Terence having been accompanied by the pipe, fendant is guilty, secondly, if he be found guilty,
the following notices are prefixed to explain the  what punishment ought to be inflicted upon him.
kind of music appropriate to each: tibiis paribus, It may be advisable to leave the punishment to the
i. e. with pipes in the same mode; tib. imparibus, discretion of the judge, or it may not.  In some
pipes in different modes; tib. duebus dextris, two  cases the Athenian law-giver thought that the
pipes of low pitch; tib. par. dextris et sinistris, judge ought to have no discretion.  Thus, in cases
pipes in the same mode and of both low and high  of murder and high treason sentence of death was
pitch.                                           imposed by the law and only pronounced by the
The use of the pipe among the Greeks and Ro- judge [PHONOS; PRODOSIA], and in many other
mans was threefold, viz. at sacrifices (tibiae sacri- cases the punishment was likewise fixed by the
ficae), entertainments (ludicrae, Plin. 1. c.; woodcut, law.  But where the exact nature of the offence
p. 308), and funerals. (Ovid. Fast. vi. 657.) 1. A  could not be foreseen by the lawgiver, or it might
sacrifice was commonly attended by a piper (ibiceen, so far vary in its character and circumstances as to
Varro, de Re Rust. iii. 17; woodcut, p. 1045, b), admit of many degrees of culpability, it might he
who partook of the food offered, so that " to live  desirable or even necessary to leave the punishlike a piper " became a proverb applied to those  mrent to the discretion of the judge. The law then
who maintained themselves at the expense of other directed that the same court which passed sentence
people.  (Suidas, s. v. AvbAX7rs: Aristoph. Pax, on the culprit should forthwith impose the penalty
952.)  The worshippers of Bacchus (Virg. Aen. xi. which his crime deserved.  Thus in the v4os
737), and still more of Cybele, "the Berecynthia  ~'percs (Demosth. c. Mid. 529) it is enacted:
mater" (Hor. Carec. iv. 1. 23), used the Phrygian  "irov L' mcarayvY     i7 yhAtala, -radir&o lrepI abroa
pipe, the music of which was on this account de- 7rapaxptlma, IoroVu  V' B.?  ~i5los  eaL 7raOes, l
nominated -b M7rpCj&o avlemqa. (Pans. x. 30. ~ 5.) aw7rToi7oal, where a7roTr7aam  refers to pecuniary pe2. At public entertainments the tibiciaes wore  nalties, 7raeOE7, to any other sort of penalty, as
tunics reaching down to their feet (Ovid. Fast. vi. death, imprisonment, &c.  Sometimes a special
686), as is exemplified in one of the woodcuts under provision was made as to the means of eniforcing
TUNICA. In conformity with the use of this kind  the punishment; as in the law last cited, and also




1132              TIMEMA.                                           TIMEM A.
in the laws in Demosth. c. Timnoc. 733, it is de-  punishment  to say what he could in extenuatiosr
dared, that if a fine be imposed, the party shall of his offence, or to appeal to the mercy of his
be imprisoned until it is paid.                  judges.  This was frequently done for him by his
In civil causes the sentence by which the Court relations and friends; and it was not unusual for
awarded redress to the injured party would vary  a man, who thought himself in peril of life or freeaccording to the nature of his complaint.  Where  dom, to produce his wife and children in court,
he sought to recover an estate in land, or a -house, to excite compassion. (Demosth. c. Mid. 573, 575,
or any specific thing, as a ring, a horse, a slave, c. A ristocr. 793, de Fels. Leg. 431, 434, c. Onetor.
nothing further was required, than to determine to  878, c. Apsob. 834; Aristoph. Vesp. 560.) After
whom the estate, the house, or the thing demanded, both parties had been heard, the dicasts were called
of right belonged.  [HERES (GREEK); OII.tAS  upon to give their verdict.
DIKE.]  The same would be the case in an action    Here occurs a question, about which there has
of debt, Xpeovs &iK7q, where a sum certain was de- been much difference of opinion, and which it is
manded; as for instance, where the plaintiff had  impossible to determine with any certainty; viz.
lent a sum of money to the defendant, and at the  whether the dicasts, in giving this verdict, were
trial no question was made as to the amount, but confined to a choice between the estimates of the
the dispute was, whether it was a loan or a gift, opposing parties, or whether they had a discretion
or whether it had been paid or not.  So, in an  to award what punishment they pleased.  Withaction for breach of contract, if by the terms of the  out entering upon any controversial discussion, the
contract a certain penalty had been attached to its following appears to the writer the most probable
violation, it would be unnecessary to have an in- view of the matter.
quiry of damages, they being already liquidated by    The dicasts had no power of discussing among
the act of the parties themselves.  (Demosth. c. themselves, or agreeing upon the fine or penalty to
Dionys. 1291, 1296, et argum.)  In these and  be awarded.  Such power was incompatible with
many other similar cases the trial was a&r71Arosr. their mode of voting by ballot.  [PSEPHUS.]  At
On the other hand, wherever the damages were in  the same time it would be absurd to suppose that
their nature unliquidated, and no provision had  the Athenian court had no means of controlling the
been made concerning them either by the law or parties in the exercise of that privilege which the
by the agreement of the parties, they were to be  law gave them, or that it was the common practice
assessed by the dicasts.                         for the parties to submit widely different estimates
The following was the course of proceeding in  to the dicasts, and leave them  no alternative but
the Tqnreol'ay? cves.                          the extreme of severity on the one side, and the
Let us suppose that on a criminal prosecution  extreme of mercy on the other.  Many passages
the defendant had been found guilty. The super- in the orators are opposed to such a view, and
intending magistrate then called upon the pro- especially the words of Demosthenes, c. Tinzoer.
secutor to say, what punishment he proposed to be  737.
inflicted on him, and what he had to say there-    The course of proceeding seems to have been as
upon.  The bill of indictment ([yrAlMa) was follows.  The prosecutor usually superscribed his
alway s superscribed with some penalty by the. indictment with the highest penalty which the law
person who preferred it.  He was said EirLypd- or the nature of the case would admit of.  In the
perOa T1t r7'tpa, and the penalty proposed is called  course -of the trial there might be various indicaiErtypa/s,ua.  (Demosth. c. Nausim. 985.)   We  tions on the part of the dicasts of a disposition to
find also the expressions e7rdsmeLY T'7iLugpa, rL-JaeOae  favour one side or the other. They often exhibited
Tir pPiEyOYrT,'rit'tT  7roiE7oOati.  When a charge  their feelings by vehement gestures, clamour, inwas brought not by a private individual, but by a  terruption, and questioning of the parties.  It
magistrate ex officio, the law required him in like  was not unusual for the speakers to make allusions
manner to write down the penalty which he  to the punishment before the first verdict had been
thought the case merited.  (Delnosth. c. lnAacart. given.  (Aesch. c. Timasrch. 12, de Fals. Leg. 48.
1076.)  The-prosecutor was now called upon to  ed. Steph.; Demosth. c. AJid. 523, c. Boeot. de
support the allegation in the indictment, and for dot. 1022, 1024, c. Spud. 1033, c. AlIacart. 1060,
that purpose to mount the platform and address c. Steph. 1128; Platner, Proc. und Klag. vol. i.
the dicasts (aYaCamt'lvE  es tri/u7/1a).         p. 384.)  All this enabled both parties to feel the
Hlere he said whatever occurred to him as likely  pulse of the court before the time had arrived for
to aggravate the charge, or increase the dicasts  the second verdict.  If the prosecutor saw that the
against his opponents.  He was not bound, how-  dicasts were greatly incensed against his opponent,
ever, to abide by the proposal made in the bill, but and he himself was not mercifully inclined,_ he
ilight, if he pleased (with the consent of the court)  would persist in asking for the highest penalty.
ask for a lower penalty than he had demanded  If lie was himself disposed to be merciful, or
before.  This was often done at the request of the  thought that the dicasts were, he would relax in
defendant himself, or of his friends; sometimes  his demand.  Similar views would prevent the defrom  motives of humanity; and sometimes from  fendant from asking for too small a penalty, or
prudential considerations.  If the accused sub- would induce him to effect a compromise (if posmnitted to the punishment proposed on the other sible) with his opponent.  We may reasonably
side, there was no further dispute; if he thought suppose, that it was competent for the prosecutor
it too severe, he made a counter proposition, nam- to mitigate his demand at any time before the
ing the penalty (commonly some pecuniary fine)  magistrate called on the dicasts to divide; but not
which he considered would satisfy the demands of after, without the consent of the court. (Demosth.
justice. He was then said vmrrLTuatOai, or ieavsr   c. Nicostrat. 1252, 1254, c. Tleocrin. 1343, c.
r~i u(Oat.  (Demosth. c. Timocr. 743, c. Nicostr. Neaer. 1347.)  If the parties were endeavouring
1252; Aesch. dce Fals. Leg. 29, ed. Steph.)  He  to come to an arrangement, the court would give
was allowed to addreU  the court in mitigation of them a reasonable tunle for that propose; and there




TIIMEMA.                                    TINTINNABULUSL\.              1133
is reason to believe, that the petitions addressed  plained of had the character of a public offence, as
by the defendant or his friends to the prosecutor in the 8iK/q /evs3otapTv~psiW.  [MARTYRIA.]
were made aloud in the hearing of the dicasts.    As to the amount of revenue derived by the
As to the suggested explanation of TsIsa  v7-   Athenians from  public fines, see Bbckh, Publ.
EdcKpav, see PSEPHUS.                            Econ. of Athens, p. 375, &c. 2d ed.
WVe cannot doubt that in case of heinous of-    As to Tui7tua in the sense of the rateable value
fences, or those which immediately concerned the  of property with reference to the Athenian prostate, the court would not permit of a compromise  perty tax, see EISPHORA.          [C. R. K.]
between the opposing parties; but in ordinary    TIMOCRA'TIA.  [OLIGARm;HIa.]
cases, a public prosecutor was looked on by the    TINTINNA'BULUM  (cc6w,), a bell.  Bells
Athenians much in the light of a plaintiff, es- were used for a great variety of purposes among the
pecially where his object was to obtain some  Greeks and Romans, which it is unnecessary to
penalty given by the law to an informer. When  particularize here.  One use, however, of them,
the parties could not come to terms, the dicasts, for the purpose of keeping watch and ward in the
after hearing what each of them  had to say, di- fortified cities of Greece, deserves mention. (Thuvided on their respective propositions, and the msa- cyd. iv. 135; Aristoph. Aves, 843, 1159; Schol.
jority of votes determined the penalty.  (Platner, in loc.) A guard (q(plhae) being stationed in every
Proc. wnd Klag. vol. i. pp. 198-202; Meier, Att. tower, a 7repigroAos (see p. 463, a) walked to and
Proc. pp. 178-182.)                              fro on the portion of the wall between two towers.
The course thus pursued at Athens must have  It was his duty to carry the bell, which he received
led to injustice occasionally, but was, perhaps, the  from the guard at one tower, to deliver it to the
only course that could be adopted with so large a  guard at the next tower, and then to return, so that
number of judges.  Aristotle tells us, that Hippo- the bell by passing from hand to hand made the
damus of Miletus (who, no doubt, perceived the  circuit of the city.  By this arrangement it was
evils of this system) proposed that the verdict discovered if any guard was absent from his post,
should not be given by ballot (a& t4rlnqoopopias), or did not answer to the bell in consequence of
but that each judge should bring in a tablet with  being asleep.  Hence to prove or try a person was
a special statement of his opinion; upon which  called cw&oPo1(ew (Aelian, H. A. xvi. 25); to perproposal Aristotle remarks, that its effect would be  form the office of patrole was K8sVo0spopesv.
to make each judge a   aLT-,7T'jTS: that it was an    The forms of bells were various in proportion to
object with most of the ancient lawgivers, that the  the multiplicity of their applications.  In the Mujudges should not confer with each other (vcoro-  seum at Naples are some of the form  which we
Aosy-IvTat), and then he comments on the confilsion  call bell-shaped; others are more like a Chinese
that would arise, if the judge were allowed to
propose a penalty different firom that submitted
to him by the parties.  (Arist. Polit. ii. 5. ~~ 3,
1, 9.)                       I  i V
As a general rule, only one-penalty could be imposed by the court, though the law sometimes gave
anore than one.  (Demosth. c. Lept. 504, c. Neaer.
1363.)  Sometimes the law expressly empowered
the jury to impose an additional penalty (rpo-ri-..
riptsa) besides the ordinary one.  Here the proposition emanated from the jury themselves, any
one of whom might move that the punishment al.                            i/            j
lowed by the law should be awarded.  He was
said Vrp0oTr/U,0saO, and the whole dicasts, if (upon
a division) they adopted his proposal, were said
7rpoor-mLtq,.  (Demosth. c. Timnocr. 733; Meier,
Att. Proc. pp. 183, 725.)  We may observe, that
the preposition 7rpbs in the verb 7rpoo-rTL-/    does
not always imply that a second penalty is imposed,
but is sometimes used with reference to other matters, as in Demosth. c. Ax-isto'. 790.
In private actions the course of proceeding with
respect to the assessment of damages was much the
same as described above.  In some cases, where
the plaintiff's demand was made np, of several
charges, or arose out of various matters, he would
give in his bill of plaint a detailed account, specifying the items, &c., instead of including them in
one gross estimate.  This seems to have been con- gong.  The bell, fig. 1 in the annexed woodcut, is
sidered the fairer method, and may be compared  a simple disk of bell-metal; it is represented in a
to our bill of paticulars, which the plaintiff de- painting as hanging from  the branch of a tree.
livers to the defendant. (Demosth. c. Aphob. 853.)  (Bartoli, Sep. Ant. 13.) Figure 2 represents a bell
The liability of the plaintiff to the  orweeAla, which  of the same form, but with a circular hole in the
was calculated upon the sum demanded, operated  centre, and a clapper attached to it by a chain.
as a check upon exorbitant demands, it addition  This is in the Museum at Naples, as well as the
to that which we have already noticed.           bell, fig. 3, which in form is exactly like those still
The 7rpooers/7Ara-ts rarely occurred in private ac- commonly used in Italy to be attached to the necks
tions, except in those where the wrongful act corn- of sheep, goats, and'oxen.  Fig. 4 is represented




1134            TITHENIDIA.                                             TOGA.
on one of Sir W. Hamilton's vases (i. 43) as car-  the nurses sacrificed sucking pigs on behalf of the
ried by a man in the garb of Pan, and probably  children, and then had a feast, probably of the meat
for the purpose of lustration.  (Theocrit. ii. 36; of the victims, with which they ate bread baked
Schol. in loc.)  Fig. 5 is a bell, or rather a collec-  in an oven (1rs-rvas 6pTroVs, Athen. iv. p. 139;
tion of twelve bells suspended in a frame, which is  comp. Plut. Symnpos. iii. 9, Quaest. Gr. vii. p. 211,
preserved in the Antiquarium  at Munich.  This  Wyttenb.; Hesych. s. v. copvuahAteXi Tpa.)  [L.S.]
jingling instrument, as well as that represented by   TITIES or TITIENSES.  [PATRICII.]
~1g. 6 (from Bartoli, LuC. Sep. ii. 23), may have    TI'TII SODA'LES, a sodalitas or college of
been used at sacrifices, in Bacchanalian processions,  priests at Rome, who represented the second tribe
or forlustration.  Fig. 7 is a fragment of ancient of the Romans, or the Tities, that is, the Sabines,
sculpture, representing the manner in which bells  who after their union with the Ramnes or Latins
were attached to  the collars of chariot-horses. continued to perform  their own ancient Sabine
(Ginzrot, iiber TVaigen, ii. pl. 57.)  [J. Y.]    sacra. To superintend and preserve these, T. Tatius
TIRO was the name given by the Romans to a  is said to have instituted the Titii sodales. (Tacit.
newly enlisted soldier, as opposed to veteranus, one  Annal. i. 54.)  In another passage (Hist. ii. 95)
who had had experience in war. (Caesar, Bell. Civ. Tacitus describes this sacerdotium  in a somewhat
iii. 28.)  The mode of levying troops is described  different manner, inasmuch as he says that it was
tnnder EXERCITUS, pp. 496, 499.  The age at instituted by Romulus in honour of king Tatius,
which the liability to military service commenced  who after his death was worshipped as a god. But
was 17.                                            this account seems only to mean that Romulus after
From their first enrolment the Roman soldiers, the death of Tatius sanctioned the institution of
when not actually serving against an enemy, were  his late colleague and made the worship of Tatius
perpetually occupied in military exercises.  They  a part of the Sabine sacra.  From Varro (de Ling.
were exercised every day (Veget. i. I), the tirones  Lat. v. 85, ed. Miiller), who derives the name
twice, in the morning and afternoon, and the vete-  Sodales Titii from Titiae aves, which were observed
rani once.  The exercises included not only the  by these priests inl certain auguries, it appears that
use of their weapons and tactics properly so called, these priests also preserved the ancient Sabine aun-,but also whatever could tend to increase their guries distinct from those of the other tribes. Durstrength and activity, and especially carrying bur-  ing the time of the republic the Titii sodales are
thens and enduring toil.  Vegetius (i. 9-27) enu- no longer mentioned, as the worships of the three
ioerates among the exercises of the tirones march- tribes became gradually united into one common
ilng, running, leaping, swimming, carrying  the  religion. (Ambrosch, Stzdiez z. Andleut. p. 192, &c.)
shield, fighting at a post [PALUs], thrusting with  Under the empire we again meet with a college of
the sword in preference to striking, using their  priests bearing the name of SodalesTitiiorTitienses,
larmour,  hurling spears and javelins, shooting ar- or Sacerdotes Titiales Flaviales; but they had norows, throwing stones and leaden bullets, leaping  thing to do with the sacra of the ancient tribe of
on and off their horses, carrying weights, fortifying  the Tities, but were priests instituted to conduct
the camp, and forming the line of battle.          the worship of an emperor, like the Augustales.
Vegetius also gives rules for choosing tirones ac-  (Gruter, Insceript. xix. 4, ccciv. 9, cccxcvi. I; Incording to their country, their being rustics or  script. ap, Murat. 299. 5: comp. Lucan. Phars. i.
townsmen, their age, stature, personal appearance,  602.)  [Au6USTALES.]                   [L. S.]
and previous occupation (i. 2-8).  But these rules    TOCOS (TrHos).  [FENUS.]
refer almost exclusively to the state of things under    TOCULLIONES.  [FENUS.]
the emperors, when the army was no longer re-    TOGA  (rij~eYvos), a gown, the name of the
cruited fromr the citizens of Rome, but from the  principal outer garment worn by the Romuans, is
inhabitants of the provinces.                      derived by Varro from tegere, because it covered
At this period, the tiro, when approved as fit for  the whole body (v. 144, ed. Miiller).  Gellius
the army, was branded or tatooed in the hand with  (vii. 12) states that at first it was worn alone,
a mark (stigmatra; pzncta sign0orum), which Lipsius  without the tunic.  [TvNICA.]  Whatever may
conjectures to have been the name of the emperor,  have been the first origin of this dress, which some
The state of a tiro was called tiroeinziau; and a  refer to the Lydians, it seems to have been re.
soldier who had attained skill in his profession was  ceived by the Romans from the Etruscans, for it is
then said tirocioziazo ponere, or deponere.  (Justin.  seen on Etruscan works of art as the only covering
xii. 4, ix. I.)                                    of the body, and the toga praetexta is expressly
(Lipsius, dce 1lilit. Roman. in  Oper. vol. iii. said to have been derived from  the Etruscans.
pp. 32, 33, 184, 193-197.)                         (Liv. i. 8; Plin. H. N. viii. 48. s. 74; Muller,
In civil life the terms tiro and tirociniuez were  Etrzsker,; vol. i. p. 262.)
applied to the assumption of the toga virilis, which    The toga was the peculiar distinction of the Rowas called tirociniulnfori [ToGA], and to the first mans, who were thence called togati or gens togata.
appearance of an orator at the rostrum, tirociniuzm  (Virg. Aen. i. 282; Martial. xiv. 124.)  It was
eloquentiae (Senec. Pro'rm. 1. 2.); and we even have  originally worn only in Rome itself, and the use of
such a phrase as tirocinziual  nazis for the first voyage  it was forbidden alike to exiles and to foreigners.
of a ship.  (Plin. H. N. xxiv. 7. s. 26.)  [P. S.]  (Plin. Epist. iv. 11; Suet. Claud. 15.)  Gradually,
TIROCI'NIUM.  [TIRO.]                            however, it went out of common use, and was supTITHENI'DIA  (N'O1Oirmla ), a festival cele-  planted by the PALLIUM    and lacerna, or else it was
brated at Sparta by the nurses who had the care  worn in public under the lacerna. (Suet. Aug. 40.)
of the male children of the citizens.  On this oc-  [LACERNA.]  But it was still used by the upper
casion the nurses (-TirOaf) carried the little boys  classes, whe regarded it as an honourable distincout of the city to the temple of Artemis surnamed  tion (Cic. Philip. ii. 30), in the courts of justice,
Corythallia, which was situated on the bank of by clients when they received the SPORTULA
the streanm Tiassus in the district of Cleta.  Here  (Martial. xiv. 125), and in the theatre or at the




TOGA.                                              TOGA,                  1135
games, at least when the emperor was present.
(Suet. Claud. 6; Lamprid. Cormmod. 16.)  Under
Alexander Severus guests at the emperor's table
were expected to appear in the toga.  (Lamprid.                            j
Sever. 1.)
The form of the toga, and the manner of wearing it, are matters which are much disputed, and
about which indeed it seems almost impossible,
with our present information, to arrive at certainty.
The form was, undoubtedly, in some sense roumnd
(Quintil. xi. 3. ~ 137; Isid. Orig. xix. 24), sesmicircular according to Dionysius (iii. 61), who calls
it 7repigSXamio, 21/KKIcvcXeov.  It seems, however,
impossible, from  the way in which it was worn,
that it could have been always a semicircle.  Such
may perhaps have been its form as worn in the
most ancient times, when it had no great fulness;
but to account for the numerous folds inl which it
was afterwards worn, we must suppose it to have                     i'
had a greater breadth in proportion to its length,
that is, to have been a smaller segment than a
semicircle. Probably the size of the segment which
thsemicircle. Probably the size of the segmended)t which  the left shoulder, in such a nlanner as to cover the
the toga formed (on which its fdlness depended)
-was determined by the fashion of the time or the  greater part of the arm.  By this arrangement the
taste of the lwearer.  This appears to be tihe true  right arm is covered by the garment, a circumstance
explalnation of Quintilian's words (xi. 3. ~ 139), noticed by Quintiliail (~ 138); but it was occa" Ipsa8m. togam rotundam, et ceptc cesaucm rvelim,"  sionally released by throwing the toga off the right
sieno meaning if nothing more were  shoulder, and leaving it to be supported on the left
which could have no meaning if nothi~lgr more wer alone.  This arrangement is seen in many ancient
required than to give the garment the very simple alone.  This arangelet is seen in  ally ancient
form of a sieicircle.  Tie only other point to be  statues; an example is shown in the following cut,
foticer   respecting the form  of the toga, is the  lwhich represents the celebrated statue of Aulus Menuestion   whether, when  it cte to  he  ion il  tellus (conmonly called the Etruscan orator) in the
question whether, when it came to be worn in   l
many complicated folds, the art of the tailor may  1lorence Gallery.
iot have been employed to keep these folds in  lviii. No. 289.)  The portion of the toga which, in
their position.  This question, however, belongs
more properly to the mode of wearing the toga.
On this subject our principal information is derived from Quintilian (xi. 3. ~~ 137, &c.) and Tertullian (de Pcallio), whose statements, however, refer
to the later and more complicated mode of wearing
the garment, and from statues in Roman costume.
Frequent reference is made to the Sintus of the
toga.  This was a portion of the garment, which
hung down in front of the body, like a sling; it
will be more fully explained presently..We must make a clear distinction between the
more ancient and simpler mode of wearing the
toga, and the full form, with many complicated
folds, in which it was worn at a later period.
Quintilian (xi. 3. ~ 137) says that the ancients
had no siznus, and that afterwards the sinuses were
very short.  The passage in Livy (xxi. 1 8, siasz er
toga ficto, itCer1sZ  sinu  efso)  seems  to refer
isot to the sinus, technically so called, but a sinus
which Fabius made at the moment by gathering
up some part of his toga.
The ancient mode of wearing the toga is shown
in the following cut, which is taken from  the  the first figure, hangs down from the chest, if it be a
Azugustezun, pl. 117 (Becker, Galluis, vol. ii. p. 83), sinus, is certainly of the kind described by Quinand represents a statue at Dresden.                tilian as perqzuas brevis.
Let the toga, which in this case was probably      The next cut represents the later mode of wearnot far from  an exact semicircle, be held behind  ing the toga, and is taken from  an engraving in
the figure, with the curved edge downwards.  First, the Jlfuseo Borhboico (vol. vi. tav. 41) of a statue
one corner is thrown over the left shoulder; then  found at Herculaneum.
the other part of the garment is placed on the right    By comparing this and other statues with the
shoulder, thus entirely covering the back and the  description of Quintilian, we may conclude that the
right side up to the neck.  It is then passed over  mode of wearing the toga was something like the
the front of the body, leaving very little of the chest following: -
uncovered, and reaching downwards nearly to the    First, as above remarked, the form  in this case
feet (in the figure, quite to one of them).  The  was a segment less than a semicircle.  As before,
rtemaining end, or corner, is: then thrown back over I the.curved side wars the lower, and one end of the




1136              TOGA.                                              TOGA.
that dignity which consists in width of chest will be
lost.  This direction appears to mean that the part
brought across the chest (velut balteus) should not
be drawn too tight.
/;AI                           Tassels or balls are seen attached to the ends of
p/        A/lit 1       1 the toga, which may have served to keep it in its
place by their weight, or may have been merely
P=!81   //// t-E                         ornaments.
There is one point which still remains to be explained.  In the figure a mass of folds is seen ill
\\   l          1'    Jar I lit Ip the middle of the part of the toga drawn across the
chest (relut balters).  This is the  77zbo  mentioned
by Tertullian (de Pallio, 5), and used by Persius
for the toga itself (Sat. v. 33). It was either a
portion of the balters itself, formed by allowing this
y  part of the garment to hang loose (which perhaps
it must have done, as it is the curved, and therefore longer edge that is thus drawn across the chest),
and then gathering it up in folds and tucking these
folds in, as in the figure, or else the folds which
composed it were drawn out from the sinus, and
either by themselves, or with the loose folds of the
garmnent was thrown over the left shoulder, and  halteus, formed the umbo.  It seems to have been
hung down -in front, but much lower than in the  secured by passing the end of it under the girdle
former case. This seems to be the part which  of the tunic; and perhaps this is what Quintilialn
Quintilian (~ 139) says should reach down half- means by the words (~ 140), " Subducenda etiam
way between the knee and the ankle.  In our pars aliqua tunicae, ne ad lacertum in actu redeat."
figure it reaches to the feet, and in sonme statues it    The back of the figure, which is not seen in our
is even seen lying on the ground.  The garment engravings, was simply covered with the part of
was then placed over the back, as in the older the garment which was drawn across it, and which,
mode of wearing it, but, instead of covering the  in the ancient mode of wearing it, reached down to
right shoulder, it was brought round undcr the  the heels. (Quintil. ~ 143).  Quintilian states how
right arm to the front of the body.  This is the  low it was worn in his time, but the meaning of
most difficult part of the dress to explain.  Quin- his words is very obscure (~ 139: "pars ejus
tilian says (~ 140): —" Sinus decentissimus, si prior mediis cruribus optimne terminatur, posterior
aliquanto supra imam togam fuerit, nunquam  certe  eadem portione altius qua cinctura." See above).
sit inferior.  Ille, qui sub humero dextro ad sinis-    A garment of the supposed shape of the toga,
trum oblique ducitur velut balteus, nec strangulet put on according to the above description, has
nec fluat."  Becker's explanation of this matter been found by the writer of this article to present
seems perfectly satisfactory.  He supposes that the  an appearance exactly like that of the toga as seen
toga, when carried under the right arm, was then  on statues, and Becker states that he has made simifolded into two parts; one edge (namely, the  lar experiments with equally satisfactory results.
lower or round edge) was then brought almost close    Tertullian (de Pallio, 5) contrasts the simplicity
under the arm, and drawn, but not tightly, across of the Pallium with the complication of the toga,
the chest to the left shoulder, forming the velut and his remarks apply very well to the above decdltezs of Quintilian, while the other part was al- scription.  It appears by his account that the folds
lowed to fall gracefully over tile lower part of the  of the unmbo were arranged before the dress was
body, forming the sinus, and then the remaining end  put on, and fixed in their places by pins or hooks;
of the garment was thrown over the left shoulder, but generally speaking it does not seem that the
and hung down nearly as low as the other end, toga was held on by any fastening: indeed the
which was first put on.  It is to this part that contrary may be inferred from Quintilian's direcQuintilian seems to refer when he says (~ 140): —  tions to an orator for the management of his toga
" Pars togae, quae postea imponitur, sit inferior: while speaking (~~ 144-149).
nam  ita et sedet melius, et continetur;" but the    Another mode of wearing the toga was the
true application of these words is very doubtful. cinctus Gabinus.  It consisted in forming a part of
By the bottom  of the toga (ia7zman togamn) in the  the toga itself into a girdle, by drawing its outer
above quotation, he seems to mean the end of the  edge i'ound the body and tying it in a knot in
toga first put on. The part last thrown over thle front, and at the same time covering the head with
left shoulder, as well as the end first put on, co- another portion of the garment.  It was worn by
vered the arm, as in the older mode of wearing the  persons offering sacrifices (Liv. v. 46; Lucan. i.
garment.  The outer edge (extremna ora) of this 596), by the consul when he declared war (Virg.
part ought not, says Quintilian (~ 140), to be  Aen. vii. 612), and by devoted persons, as in the
thrown back. IIe adds (~ 141), "Super quod (i. e. case of Decius.  (Liv. v. 46.)  Its origin was
sinistruni brachium) ora ex toga duplex aequaliter Etruscan, as its name implies (Servius in Virg. 1. c.;
sedeat," by which he probably means that the edge  Miuller, Etruskcr, vol. i. p. 265; Thiersch in Annal.
of this portion should coincide with the edge of the  Acad. Bavar. vol. i. p. 29, quoted by MUller, Annot.
end which was first thrown over the left shoulder, ad Festuns, p. 225). Festus (. c.) speaks of an army
and which is of course covered by this portion of about to fight being girt with the cinctus Gabinus.
the garment.  He says (~ 141) that the shoulder Persons wearing this dress were said to be procincti
and the whole of the throat ought not to be co- (or incincti) cinctu (or rite) Gabino.
vered, otherwise the dress will become narrow and    The colour of the toga Sworn by men (toga




TOGA,                                           TORCULUM.                   1137
virilis) was generally white, that is, the natural praetexta and the assumption of the toga virilis, see
colour of white wool   Hnce it was called pura or  IMPvBES, BULLA, CLAVUS LATUS.  The occasion
vestimenzturm  pt'ritit, ill opl joition to the praetexta  was celebrated with great rejoicings by the friends
mentioned below.  A  brighter white w s given  of the youth, who attended him in a solemn pro.
to the toga of candidates for offices (ccldidati from   cession to the Forum and Capitol. (Valer. Max. v.
their toga cacnddic) by rubbing it with chalk.  4. ~ 4.)  This assumption of the toga virilis was
There is sll allusion to thi. custom  in the phrase  called tirocinsiznz fbri, as being the young man's
cretatacablitio. (Pers. v. 177.)  White togas are  introduction to public life, and the solemnities atoften mentioned as worn at festivals, which does  tending it are called by Pliny (Epist. i. 9) officiun
not imply that they were not worn commonly, but togae virilis, and by Tertullian (de Idolol. c. 16)
that new or fresh-cleaned togas were first put oni  solemnitates togae.  The public ceremonies, conat festivals. (See Ilipsius, Elect. i. 13, in Oper. vol. nected with the assumption of the toga viritis by
i. pp. 256, 257.)  The toga was kept white and  the sons of the emperors, are referred to by Sueclean by the fuller [FUvLLO].  When this was  tonius (Oct. 26, Tib - 54, Calq. 16, Ner. 7).  The
neglected, the togga was called sordida, and those  toga virilis is called libera by Ovid (Pasti, iii. 771).
who wore such garments sordidati.  This dress  Girls wore the praetexta till their marriage.
(with disarranged hair and other marks of dis-    T'he trabea was a toga ornamented with purple
order about the person), was worn by accused per-  horizontal stripes. Servius (ad Aen. vii. 612) mensons, as in the case of Cicero. (Plut. Cie. 30, 31; tions three kinds of trabea; one wholly of purple,
Dion Cass. xxxviii. 16; Liv. vi. 20.)   The toga  which was sacred to the gods, another of purple
pulal, which was of the natural colour of black  and white, and another of purple and saffron, which
wool, was worn in private mourning, and some-  belonged to augurs.  The purple and white trabea
times also bv artificers and others of the lower  was a royal robe, and is assigned to the Latin and
orders. (See the: passages in Forcellini, s. srv. Pullets,  early Roman kings,: especially to Romulus. (Plin.
P1llatus.)  The toga picta, which was ornamented  H. N. viii. 49, ix. 39; Virg. Aen. vii. 187, xi. 334;
with Pllrygian embroidery, was worn by generals  Ovid. Fast. ii. 504.)  It was worn by the consuls
in triumphs [TIrvslPIfsus], and under the em-  in public solemnities, such as opening the temple:
perors by the consuls, and by the praetors when  of Janus. (Virg. Aen. vii. 612; Claudian. in Rufin.
they celebrated  the games.  It was also called  i. 249.)  The equites wore it at the transvectio and
Ca)pitoli(a.  (Lamprid. Alex. Sever. c. 40.)   The  in other public solemnities.  (Valer. Max. ii. 2;
toya pallzata  was a kind  of toga picta.  The  Tacit. Ann. iii. 2.)  Hence the trabea is mentioned
toga praetexta had a broad purple border, It was  as the badge of the equestrian order.  Lastly, the
worn with the BULLA, by children of both sexes. toga worn by the Roman emperors was wholly of
It was also worn bv mnagistrates, both those of purple.  It appears to have been first assumed by
Rome, and those of the colonies and municipia, by  Julius Caesar. (Cic. Philip. ii. 34.)
the sacerdotes, and by persons engaged in sacred    The material of which the toga was commonly
rites or paying vows. (Liv. xxxiv. 7; Festus, s. v. made was wool.  It was sometimes thick and
Praeteerta ptl/a.) Among those who possessed the  sometimes thin.  The former was the toga densa,
j.us togae praetextae hatsensdae, the following may  pinguis, or / ihta. (Suet. Aeg. 82; Qllintil. xii. 10.)
be more particularly mentioned: the dictator, the  A new toga, with the nap neither worn off nor cut
consuls, the praetors (who laid aside the praetexta  close, was called pexa, to which is opposed the trita
when about to condemn a Romanl citizen to death),  or sr-sa, -which was used as a summer dress. (Marthe augurs (who, however, are supposed by some  tial. ii. 85.)   On the use of silk for togas see
to have worn the trabea), the decemviri sacris  SERICUM.
faciundcis [D)ECEMVIRI], the aediles, the triunmviri    It only remains to speak of the general use of
epulones, the senators onl festival days (Cic. Pail.  the toga.  It was originally worn by both sexes;
ii. 43), tIle magistri colIegii, and the magistri  but when the stola came to be worn by matrons,
vicoruill when celebrating games.  [MAGISTER.]  the toga was onely worn by the meretric-s -lld by
In the case of the tribuni plebis, c nsors. and  women who had been divorced on account of adulquaestors there is some doubt upon the subject.  tery.  [STOLA.]  Before the use of the toga beThe prlctexta pizlls might only be worn at the  calne almost restricted to the upper classes, their
celebrationl of ai fimueral. (Festus. I. c.)        toga was only distingpuished fron  that of the lower
The toga praetexta, as has been above remarked, classes by being fhller and more expensive.  In
is said to have been deivied!rom the Eltruscans.  war it was laid aside and replaced by the PAtLUIt is said to have been firstadopted, with the latis  DASMENTUM  and SAGUIA.  Hence togatits is opclaVsIS [CLAVUS LATrs'], by Tullus Hostilius as  posed to 7siles.  The toga was, however, sometimes
the royal robe, whence its: use by the magistrates  used by soldiers, but not in battle, nor as their
in the republic. (I'lin. H  N. ix. 39. s. 63.)  Ac-  ordinary dress; but rather as a cloak or blanket.
cording to Macrobins (Sat. i. 6) the togay intro-  It was chiefly worn in Rorne, and hence togyaltes is
duced b- Hostilits was not only,r'eaeteta, but also  opposed to reseticus.  The toga was often used as a
picta.  t'lsiny states (1I. N. viii. 48. s. 74) that the  coveoring in sleeping; and lastly as a shroud for
tqwoi  eqsyies urnedulattes (that is, apparently, embroi-  the corpse.
der -d with waving lines or bands) which had been     (Becker, Ga/lzs, vol. ii. pp. 78-88; Ferrarins, de
worn by Servius Tumllius was preserved in the term-  Re Vestiasrits; Rubenitus, de Re Vest.)  [P. S.]
ple of iortune.  The toga praetexta and tihe bsllla    TONSOR.  [ BARBa.]
aurea were first given to boys in the case of the     TOPIA'RIUS.  [HORTUS.]
son of Tarquinius Priscus, who at the age of four-    TORA'LIA.  [ToUvs.]
teen, in the Salbine war, slewv all enemy with his    T()RCULUM   or TO'RCULAR  (XsvJds), a
own hand.  (Macrob. I.:, where other particulars  press for making wine and oil.  When the grapes
respecting the use of the toga pretexta may be  were ripe (crapuAM/), the bunches were gathered,
found.)  Respecting the leaving off of the toga  any which remained unripe (0oLaE) or had become
4D




S138            TORCULUMI                                         TORMENTUM.
dry or rotten were carefully removed (Geopon. vi. and the vat large ill proportion, the must flowed
I1) [FoRFEx], and the rest carried from the vine-  into another vat of corresponding size, which was
yard in deep baskets (quali, Virg. Geofg. ii. 241   sunk below  the level of the ground, and therefore
TahdpoL, Hes. Scat. 296; appiXoi, Longus, ii. 1;  called  7roX'iieop (Mark, xii. 1; Geopon. vi.1. 11),
Ko Lvot, Geopon. I. e.) to be poured into a shallow  in Latin lacus. (Ovid. Fast. v. 888; Plin. Epist. ix.
vat.  In this they were immediately trodden by  20; Colum. de Re Rust. xii. ]8.)
men, who had the lower part of their bodies naked    From Xrt,,ds Bacchus was called Lenaeus (Ark
(Virg. Georg. ii. 7), except that they wore drawers,acos).  The festival of the Lenaear was celebrated
[SUBLIGACULUMI].  At least two persons usually  on the spot where the first Attic wine-press was
trod the grapes together.  To " tread the wine-  said to have been constructed.  [DIONYSIA.]
press alone" indicated  desolation and distress.    Olives as well as grapes were subjected to the
(Is. lxiii. 3.) The Egyptian paintings (Wilkinson, prelsum for the sake of their oil.  [OLaA, p. 826.1
Alan. andC2zst. vol. ii. pp. 152-157)exhibitasmany   The building erected to contain all the vessels
as seven treading in the same vat, and supporting  and other implements (torcula vasa, Varro, de Re
themselves by taking hold of ropes or poles placed  Rust. iii. 2) for obtaining both wine and oil was
above their heads.  From  the size of the Greek  called torculariu2n (Cato, de Re Rust. 12, 13, 18;
and Romanl vats there can be no doubt that the  Col. de Re Rust. xii. 18) and Arlvecv  (Geopon. viO
company of treaders was often still more numerous. 1).  It was situated near the kitchen and the
To prevent confusion and to animate them in their  wine-cellar.  (Vitruv. vi. 6.)         [J. Y.]
]aboutl they moved in time or danced, as is seen in    TOREU'TICE.  [CAEIATURA.]
the ancient imosaics of the church of St. Constantia    TORIMENTUM  (&OSrf1peov UOp-yaveov), a miliat Rome, sometimes also leaning upon one another. tary engine.  All the missiles used in war, except
The preceding circumstances are illustrated in the  those thrown from  the sling [FUNDA], are profollowing woodcut, taken from a bas-relif. (1lion. jected either by the hand alone or with the aid of
Matthl iii. tab. 45.)  An antefixa in the British  elastic substances.  Of elastic instruments the bow
Museilm (Combe,Anc. Terra-cottas, No. 59) shows  [ARcus] is still used by many nations.  But the
a person by the side of the vat performing during  torslenturn, so called from the twisting (torquendo)
this act on the scabellum and tibiae pares, for the  of hairs, thongs and vegetable fibres (Polyb. iv. 56),
purpose of aiding and regulating the movements of has fallen into disuse through the discovery of guns
powder.  The word tornsestuan is often used by
/  R\kI\1   itself to denote engines of various kinds. (Cic. ad
k    kV  %j~ ~  Fcami. xv. 4; Caes. B. C. iii. 44, 45, B. Alex. 10;,; /?~ -W'J7        Liv. xx. 11; Vell. Pat. ii. 82; Curt. iv. 9. 16.)
Often also these engines are specified separately
_________ ___    under the names of Baclistae and Gatapultae, which
If        t} >07fi Ala A, S~names however most commonly occur together in, j
the accounts of sieges and othelr military operations
1  because the two kinds of engines denoted by them
IJ~            /Y          F        a    les  ho       C)tv \  were almost always used in conjunction. [HELE/\      )                                F s' n S\\7   %j12 lo XPOLIS.]  The balista (mrsepod'Aos) was used to
vi,q               1     81 17,%k(1' 1, shoot stones (Ovid. Trist. i. 2. 48; Lucan, vi. 198;
___    O A       Non. Marc. p. 5.s55, ed. Merceri), the catapulta
( ca( aa-7re'r'ls, KasTawreAtric ) to project darts, especially the Falarica [IAiSTA], and a kind of imisVb(; ai l t  ( I n sile, 4- feet long, called trifa (. (Festus, s. v.):__ __________                             W~hilst in besieging a city the ram [ARIES] was
employed in destroying the lower part of the wall,
those in it.  Besides this instrumental music they  the balista was used to overthrow the battlements
were cheered with a song, called uEAos e7rsrXvov (popgunacu!a, Plaut. Bacch. iv. 4. 58-61; fEraX(Athen. v. p. 199, a.) or bu'os E'7rivnXmos, specimens  Ses), and the catapult to shoot any of the besieged
of which may be seen in Anacreon (Od. xvii. 1 and  who appeared between them.  (Diod. xvii. 42, 45,
lii.;and Brunck, Anal. ii. 239. SeeJacobs, adloc.; xx. 48, 88.)  The forms of these machines being
compare Theocrit. vii. 25). After the grapes had  adapted to the objects which they were intended
been trodden sufficiently, they were subjected to  to throw, the catapult was long, the balista nearly
the more powerful pressure of a thick and heavy  square, which explains the following hunmouroIous
beam [PRELUM.] for the purpose of obtaining all enumeration by Plaunts (Capt. iv. 2. 16) of the
the juice yet remaining in them.  (Vitruv. x. 1; three lulXavai, the application of which has just
Virg. Georg. ii. 242; Servius in loc.; Hor. Carz. been explained.
i. 20. 9.)  Instead of a beam acted on by wedges,   Meus est balista pugnus, cubitus catapulta est
a press with a screw  [CocHLEA] was sometimes         Mllbi
used for the same purpose.  (Vitruv. vi. 6; Plin.      umerus aries.
H. N. xviii. 31. s. 74.)  A  strainer or colander
[CIOLUM] was employed to clear the must from   In the same armament the number of catapults was
solid particles, as.it flowed from the vat.        commonly much greater than the number of balistae.
The preceding woodcut shows the apertures at  (Non. Marc. p. 552, ed. Merceri; Liv. xxvi. 47.)
the bottom of the vat, by which the must (mustunz, Also these two classes of machines were both of
yXsuicos) was discharged, and the method of re- them distinguished into the gr ater and the less,
ceiving it, when the vat was small, in wide-mouthed  the number of "'the less" being much more conjars, which when full were carried away to be emp-  siderable than the number of " the greater." When
tied into casks (dolia, 7rt0ol, Longus, ii. 1, 2).  Carthago Nova, which had served the Carthaginians
[DPoLrir.]  W When the vineyard was extensive  for an arsenal, was taken by the Romans, the fol



TORMENTUM.                                          TORMENTUI.                   1.139
i'owing were found in it: 120 large and 281 small Antiphon to death by the rack (UrtpeCXcatvres).
catapults; 23 large and 52 small balistae.  (Liv.  Compare Plut. P/ioc. c. 35.
i. c.)  Three sizes of the balista are mentioned by   The evidence of slaves was, however, always
historians, viz. that which threw  stones weighing  taken with torture, and their testimony was not
half a hundred-weig ht (TrpaKociaT/'tvatovs A ovos, otherwise received.  (Antiph. Tetral. i. p. 633.)
Polyb. ix. 34), a whole hundred-weight (balista  From this circumstance their testimony appears to
centenari(t, Non. Marc. i. c.; A.LodhsXos TaAavrLatios$s  have been considered of snore value than that of
Pol-b. 1.c.; Diod. xx. 86), and three hundred-  fieemen.  Thus Isaeus (De Ciron,. Hered. 202)
weight (7reTrposeAos'rpTrdavros, Diod. xx. 48).  says,'When slaves and  ifreemen are at hand,
Besides these, Vitruvius (x. 11) mentions many  you do not make use of the testimony of freemen;
other sizes, even down to the balista which threw  but, putting slaves to the torture, you thus ena stone of only two pounds weight. In like manner  deavour to find out the truth of what has been
catapults were denominated according to the length  done."  Numerous passages of a similar nature
of the arrows emitted firom them.  (Vitruv. x. 1t)0; might easily be produced firom the orators. (Comnp.
Schneider, rdloc.)  According to Josephus, who  Demosth. c. Oetor. i. p. 874; Antiphon, De
gives some remlarkable instances of the destructive  Cloreut. 778; Lycurg.. c. Leoer. 159-162.)  Any
force of the balista, it threw stones to the distance  person might offer his own slave. to be examined
of a quarter of a mile.  (B. J. iii. 7. ~ 19, 23;  by torture, or demand that of his adversary, and
comp. Procop. Bell. Goth/. i. 21, 23.)  Neither from  the offer or demand was equally called arpo'cAro-ls
the descriptions of authors nor from the figures on  lfE 3dras'Vov.  If the opponent refused to give up
the column of Trajan (Bartoli, Col. Traj. tab. 45-  his slave to be thus examined, such a refusal was
47) are we able to form  any exact idea of the  loe:ked upon as a strong presumption against him.
construction of these engines.   Still less are we  The arpocKqrrls appears  to have been generally
informed on the subject of the Scorpio or- Onaqegr,  made in writing (Demosth. c. P'antaen. 978), and
which was also a tormentum. (Vitruv. x. 10; Liv. to have been delivered to the opponent in the
xxvi. 6, 47; Amm. Marcell. xx. 7, xxiii. 4.) Even  presence of witnesses in the most freqtented part of
the terms ba/list/ and cattpdlta are confounded by  the Agora (Demosth. c. 2Apob. iii..848); and as
writers subsequent to Julius Ca:sar, and Diodorus  there were several modes of torture, the particular
Siculus often uses icarar'Arrms to include both bha-  one to be employed  was usually  specified (Delistae and catapults, distinguishing  them  by the  mosth. c. Stepls. i. 1120).  Sometimes, when a
epithets 7respo0'.Ao and mOv~esXc  (xiii. 51, xx. 48, person offered his slave for torture, he gave his
83, 86, xxi. 4).                                    opponent the liberty of adopting any nlode of torThe various kinds of tormenta appear to have  ture which the latter pleased.  (Antiph. De Chobeen invented shortly before the time of Alexander  reut. 777.)  The parties interested either superthe Great.  When horse-hair and other materials  intended the torture themselves, or chose certain
failed, the women in several instances cut off their  persons for this purpose, hence called 8arraetcrTal,
own hair and twisted it into ropes for the engines.  who took  the evidence of the slaves (/XdX'evot
(Caes. B. C. iii. 9; Veget. (/  Re elil. iv. 9.)  8asraveo'rer0, &srvr/-a/EV EsIs'rb'Hqpao'T7EoV, Isocr.
These machines, with those who had the manage-  Trap. c. 9; compare Demosth. e. PantenZ. 978,
ment of them, and who were called belistarii and  979; Antiph. Karrtyopia  Qeaplawc. 609).  In
&peraei (Polyb. iv. 56), were drawn up in the rear  some cases, however, we find a public slave atof an advancing army, so as to throw over the heads  tached to the court, who administered the torture
of the front ranks.  In order to attack a nmaritime  (7raplorai 6N?ijsa ds 8ytias, Kal eBaoavie7 ivavar'oo
city, they were carried on the decks of vessels  ubt'jv, Aesch. De Leg. 284, ed. Tayl.); but this
constructed for the purpose. (Diod. xx.. 83-86; appears olly to have taken place when the torture
Tacit. Aina. ii. 6.)                                was administered, in. the court, in presence of the
The meaning of to/rmmentun as applied to the  judges.  (Aesch...; Demosth. c. Ec. ue. 1144.)
cordage of ships is explained on p. 790, a.  [J.Y.]  This particular mode of administering the torture
TORMENTUM ($doeraos), torture. i. GaREEI.  was, however,certainlycontrarvto the usual practice
By a decree of Scamandrius it was ordained that  (earaviCeF  oii Eo"enlv'vavTrlov bscv, Demnosth. c.
no free Athenian could be put to the torture. (An- Step/l. i. 1106).  The general practice was to read
doe. de Myst. 22; compare Lys. rEpl  rpavA. 177, at the trial the depositions of the slaves, which
C. Agorat. 462); and this appears to have been the  were called,Baoavol (Harpocr. Suid. s. v.; Denmosth.
general practice, notwithstanding the assertion of e. ~Niostraut. 12.54), and to confirm  them  by the
Cicero (Part. Orat. c. 34) to the contrary (de In-  testimony of those who were present at the'adstitzis A theniensium, RhBodiorum -  apud quos ilberi ministration of the torture.  (Meier, Att. Process,
cihesque tormquentur).  The only two apparent ex- p. 680, &c.)
ceptions to this practice are mentioned by Antiphon   2. ROMAN.  During the time of the republic,
(de Herod. coaed. 729) and Lysias (c. Sineon. 153). freemen were, never put to the torture, and slaves
But, in the case mentioned by Antiphon, BiJckh  only twere exposed to this punishment.  Slaves,
has shown that the torture was not applied  at moreover, could not be tortured to prove the guilt
Athens, but in a foreign country; and in Lysias, of their own master, except in the case of incestus,.
-as it is a Plataean boy that is spoken of, we have  which was a crime against the gods, or unless the
no occasion to conclude that lie was an Athenian  senate made an exception in some special. instance, as
citizen, since we  learn from  Demosthenes  (c. was done in the Catilinarian conspiracy. (Cic. pro'Neaer. 1381) that all Platacans were not neces- 311l. 22;pro Deiot. 1, Part. Orat. 34; Dion Cass.
sarily Athenian  citizens.  It must, however, be  lv. 5; Tac. Anin. ii. 30, iii. 67; Dig. 48. tit. 18.
observed that the decree of Scamandrius does not s. 1. ~ 16.)  At a later time slaves might be torappear to have interdicted  the use of torture as a  tured to bear witness against their masters in cases'means of execution, since we find Demosthenes (dle  of majestas (Cod. 9. tit. 8. ss. 6, 7) amld adultery.
Cor. 271) reminding the judges that they had put (Dig. 48. tit. 18. s. 17; Cod. 9. tit. 9. ss. 3, 6,
4 D 2:




1140              TORQUtS.                                          TRAGOEDIA.
32.)  Under the emperors even free persons were  minates in two serpents' heads instead of hooks. It
put to the torture to extract evidence from them in  was by taking this collar from a Gallic warrior that
cases of majestas; and although this indignity was  T. Manlius obttained the cognomen of Torqueatus.
confined for the most part to persons in humble  (Cic. de Fin. ii. 22, de Offt iii. 31; Gellius, ix. 13;
circumstances, we read of cases in which even  Non. Marc. pp. 227, 228, ed. Merceri.)
Roman senators and equites were exposed to it.    Torques, whether in the form of collars or brace(Dion Cass. lx. 15; Suet. Tib. 58; Digr. 48. tit. 18. lets, no doubt formed a considerable part of the
s. 10. ~ 1.)  For further information see Dig. 48.  wealth of those who wore them.  Hence they
tit. 18, De Quzcestionibus; Walter, Geschichte des  were an important portion of the spoil, when any
Rimischen Rechls, pp. 875, 876, 1st ed.; Rein, Das  Celtic or Oriental army was conquered, and they
Criminalrecht der Riiner, p. 542.                  were among the rewards of valour bestowed after
TORQUES or TORQUIS (o-rpserrvs), an or- an engagement upon those who had most distinnament of gold,:twisted spirally and bent into a  guished themselves.  (Juv. xvi. 60; Plin. H. N.
circular form, which was worn round the neck by  xxxiii. 2. s. 10; Sidon. Apollin. Carme. xxiii. 424.)
men of distinction among the Persians (Curt. iii. 3; The monuments erected to commemorate Roman
Themist. Orat. 24, p. 306, c.), the Gauls (Florus, soldiers and to enumerate the honours which they
i. 13, ii. 4), and other Asiatic and northern  na-  had obtained, often mention the number of torques
tions. (Isid. Oriq. xix. 30.)  Tore was the name of conferred upon them. (Maffei, liMus. Veron. p. 218.)
it among the Britons and ancient Irish.  Virgil  [PHALErIA.]                              [J. Y.]
(Aen. v..558, 559) thus describes it as part of the    TORUS, a  bed; originally made  of straw
attire of the Trojan youths:                       (Plin. I-. N1. viii. 48. s. 73), hay, leaves, woolly
6' It pectore summo              plants (Mart. xiv, 160, 162), sea-weed (de mwlFlexilis obtorti per collum circnllnls sari."  t  libds ulvis, Ovid. Met. viii. 656), also stuffed with
wool, and afterwards with feathers (xi. 611), or
Ornaments of this kind have been frequently  swans-down (Mart. xiv. 161), so as to beas much
fonnd both in France and in many parts of Great  raised and as soft as possible. (Virg. Aen. vi. 603;
Brit~ain and Irelanrd (Petrie, ITrcns.  of R.  Ir~ish  Ovid. -IA  orl. ii. 4. 14.)  It was sometimes covered
Acead. vol. xviii.; Aa tiq. pp. 181-184), varying in  with the hide of a quadruped (Virg. Aen. viii. 1 17),
size and weight, but almost always of the form ex-  bnt more contmonly with sheets or blankets called
hibited in the annexed woodcut, which represents  Tolriti. (Hor. Snt. ii. 4. 84 Epist. i. 5. 22.) The
a torquis found in Brecknockshire, and now pre-              be observed on the sopha in tle first
served in the British Museum.  The same wood-  woodcut, p. 308; and its appearance there may
cut contains a section of this torquis of the size of suflice to explain the transference of its name to
the original. It shows, as Mr. Petrie observes con-  the larger semi-circular mouldings in the bare of
cerning some round in the county of Meath, "four  columns.  [ATTICUROES; SPIRA.]    [J. Y.]
equidistant radiations from a common centre." The    TO'XOTAE (voireat).  [DEmOSIu.]
torquis in the British Museum  is four feet and a    TRA'BEA.  [TOGA.]
half in length.  Its hooks correspond well to the    TRADITIO.  [DOmINuIm.]
following description of the fall of a Celtic warrior: RAGOE'DIA (-paygbia), tragedy. 1.GRaE.
" Torquis ab incisa decidit unca gula." (Propert.  The tragedy of the ancient Greeks as well as their
iv. 10. 44.)  A torqnis, whic0h instead of being  comedy confessedly originated in the worship of
bent into a circular form was turned into a spiral,  the god Dionysus. It is proposed ii this article (1)
became a bracelet, as is shown in the lowest figure to explain from what element of that worship
of the woodcut to ARMILLA.  A torquis contrived  Tragedy took its rise, and (2) to trace the course
to answer this purpose, is called tosrquis bcssceislas. of its developement, till it reached its perfect form
(Vopisc. Aurel. 7.)  Such bracelets and torques  and character in the drama of the Attic tragedians,
are often found together, having been worn by the Aeschylus, Sophocles, and Euripides.
samne people. -The peculiarity which most strikingly distinguishes the Greek tragedy from  that of modern
times, is the lyrical or choral part.  This was the
~E ~2h     offspring of the dithyrambic and choral odes from
which, as applied to the worship of Dionysus,
Greek tragedy took its rise.  This worship, we
may observe, was of a twofold character, corresponding to the different conceptions which were
anciently entertained of Dionysus as the charngeable God of flourishing, decaying, or renovated
nature, and the various fortunes to which in that
character he was considered to be subject at the
different seasons of the year. Hence Miiller observes (Lit. of Greece, p. 288), " the festivals of
Dionysus at Athens and elsewhere were all solemnized in the months nearest to the shortest day,
coincidently with the changes going on in the
course of nature, and by which his worshippers
conceived the god himself to be affected."  His
mournful or joyous fortunes (wr6d0), his mystical
The head in the preceding woodcut is that of a  d&ath, symbolizing the death of all vegetation in
Persian warrior in the mosaic of the battle of Issus,  winter, and his birth (Plat. de Leg. iii. p. 700;
mentioned in p. 431.  It illustrates the mode of  Proclus in GaisSford's IHephaest. p. 383), indi..wearing the torquis, which in this instance ter-  cating the renovation of all nature in the spring,




TRAGOEDIA.'RAGOEDIA.                 1141
and his straggles in passing from  one state to  to which the choreutae sang and danced. (MUiller,
another, were not only represented  and  sym-  Literat. of' Greece, p. 204; Dorians, iv. 7. ~ 8.)
pathised in by the Dithyrambic singers and dan- In fact the connection of the Dorian choral poetry
cers, but they also carried their enthusiasm so fatr, with the worship of Apollo, the direct opposite to
as to fancy themselves under the influence of the  that of Dionysus, and its consequent subjection to
same events as -the god himself, and in their at-  established rules and forms, admitting too, from
tempts to ide:itify themselves with him  and his  the Dorian character but little innovation, affords
fortunes, assumed the character of the subordinate  the most obvious explanation of the striking cirdivinities, the Satyrs, Nymphs, and Panes (Ngn7-  cumstance that nothing decidedly dramatic sprang
phasr2umque leves cus, SZrtris chowi), who formed the  from  it, as from  the dithyrarnmbic performances.
mythological'train of the god.  Hence, as is ex- (Bode, p. 16.)  Still there were some points in
plained under DIONYSIA (p. 410, b), arose the  which the Dorian worship of Apollo resembled
custom of the disguise of Satyrs being taken by the  that of Dionysus, e.g. the dances with which the
worshippers at the festivals of Dionysus, from the  former god was honoured, and the kind of mimicry
choral songs and dances of whom the Grecian tra-  which characterised them.  Other circumstances
gedy originated, " being from  its commencement also, on which we cannot here dwell, would proconnected with the public rejoicings and ceremo- bably facilitate the introduction of the Dionysian
nies of Dionysus in cities, while comedy was more  Dithyramb amongst the Dorian states, especially
a sport and merriment of the country festivals."  In  after the improvements made in it by Arion (B. C.
fact the very name of Tragedy (rpayqyia), far from   600), which were so great, that even the invention
signifying anything mournful or pathetic, is most of that species of poetry is ascribed to him, though
probably derived from the goatlike appearance of it had been known in Greece for a century before
the Satyrs who sang or acted with mimetic gesticula-  his time. The worship of Dionysus was celebrated
tions (lpXl~rls) the old Bacchic songs, with Silenus, at his native place, Methymnae in Lesbos, with
the constant companion of Dionysus, for their leader. music and orgiastic rites; and as Arion travelled
(Bode, Gesch. d. Hellen. Dichtkernst, vol. iii. p. 31.)  extensively in the Dorian states of Hellas, he had
From their resemblance in dress and action to goats, ample opportunities of observing the varieties of
they were sometimes called -Tpa-yoi, and their song  choral worship, and of introducing any improve.
Trpaybi3a.  Thus Aeschylus in a fragment of the  ments which he might wish to make in it. (Bode,
Prometheus lIuppopos calls a Satyr T~pyos, and  p. 22.)  He is said to have been' the inventor of
the Satyric chorus in the Cyclops of Euripides  the "tragic turn " (p icttKOv rpirou), a phrase of
(1. 80) appears in the skin of a goat (XXOaca  doubtful significabionu but which seems t6mean, that.rpdyov).  The word Jadrupos also is apparently  he was the inventor of a grave and solemn style of
the same as Tru'vpos, a kind of goat.  (Phot. Lex. music, to which his Dithyrambs were danced and
s.v.)  According to another opinion, the " word  sung. (Hermann, Opusc. vol. vii. p. 21 6.)  Suidas
T'ragedy was first coined from  the goat that was  (s.v.) adds of him, Aeyera ical mrpCrTos Xopbvr*al,
the prize of it, which prize was first constituted in  Kcal L&O'pai~o,, aao  cai ooeado-m i'b,dIoeveo 6rrb
Thespis' time." (Bentley, Plcalsr. p. 249.)  This  To0 Xopov, ICKal  a'povs ELoeve7ere     fee-pa  e-4'derivation, however, as well as another, connecting'/o;ras.  From the first clause, in connection with
it with the goat offered on the altar of Bacchus  other authorities (Schol. in Aristogpi. Ayes, 1403),
(MUiller, Literat. of Greece, p. 291), around which  we learn that he introduced the cyclic chorus (a
the chorus sang, is not equally supported either by  fact mythologically expressed by mnaking him the
the etymological principles of the language, or the  son of Cycktus); i. e. the Dithyramb, instead of
analogous instance of rcwlyAia, the "revel-song."  being sung as before his time in a wild irregular
(Ettyolo.:Iugagn. p.764; Eurip..Baccl. 131; Aelian, manner, was danced by a chorus of fifty men
V. -IH. iii. 40.)                                 around a blazing altar; whence in the'time of
But the Dionysian dithyrambs were not always  Aristophanes, a dithyramnbic poet and a teacher of
of a gay and joyous character: they were capable  cyclian choruses were nearly synonymous. (Miiller,
of expressing thi  extremes of sadness aud} wild  p. 204.)  As the alteration was made at Corinth,
lamnentationl as well as the enthusi asm of joy; and  we may suppose that the representation of the
it was from the Dithyramubic songs of a mournful Dithyrambic was assimilated in some respects to
cast, probably sullg originally in the winter mreaths, that of the Dorian choral odes.  The clause to the
that the stately and solemn tragedy of the Greeks  effect that Arion introduced Satvrs, i.. rpayo,
arose.  That there were Dithyramhbs of such a  speaking in verse (trocluaic), is by some thought
character, expressive of the sufferings of Dionysus  another expression for the invention of the " tra(Ta Too'O Aoi'Uov 7radrl), appears from the state-  gic style "    A  simpler interpretation is, that he
ment in Herodotus (v. 67), thut at Sicyon in the  introduced the Satyrs as an addition and contrast
time of Clisthenes (B. c. 600) it was customary to  to the dance and song of the'cyclic chorus of the
celebrate (ypapipElv ) the sufferings of that god with  Dithyramb, thus preserving to it its old character
tlraic choruses."  But it inust be remarked that as a part of the worship of Bacchus.  The phrase
in the imost ancient times the Dithyrambic song  5mvo'eocat (compare  Herod. i. 23)'alludes   to the
was not executed by a regular chorus.  Thus  different titles given by him to his different DithyArchilochus says in Trochaic verse, " I Iknow how  ranlbs according to their subjects, for we need not
when my mind is inflamed with wine to lead otff' suppose that they all related directly to Bacchus.
the Dithyralnb, the beautiful song of Dionysus,"  (Welcker, Nacktrcaq p. 233.) As he was the first
whence we may infer that il his time (B. c. 700)  cithara player of his Wage (Herod. i. 23),. it is protile Dithyramb was sung by a band of revellers led  bable that he made the lyre the principal instruby a flute-player.  Lyrical choruses, indeed, had  merit in the musical accomnpainlmelnt.
been even then established, especially in the Dorian    From the mlore solemn Dithyraimbs then, as inistates of Greece, in connection with the worship of proved by Arionl, with the company of Satyrs, who
Apollo, the cithara or cJ6pl.Wyt  being the instrument  probably kept up a joking dialogue, ultimately
4D 3




1142             TRAGOEDIA.                                          TRAGOEDIA.
sprang the dramatic tragedy of Athens, somewhat through many changes, of the old satyrical Tpa7w,in the following manner.  The choruses which  8[a, i. e. of the songs sung with mimetic dancing by
represented them  were under the direction of a  the goatlike Satyrs, or as others would say, round
leader or exarchus, who, it may be supposed, came  the altar, on which lay the burnt sacrifice of a
forward separately, and whose part was sometimes  goat.  it appears then that there is a good and intaken by the poet himself. (Plato, Rep. iii. p. 394, telligible foundation for the claims which, accordc.)  We may also conjecture that the exarchus in  ing to Aristotle (Poet. iii. 3), wvere made by the
each case led off by singing or reciting his part in  Peloponnesians, and especially by the Sicyonians,
a solo, and that the chorus dancing round the altar  to the invention of " tragedy,"' understanding by it
then expressed their feelings of joy or sorrow at a choral performance, such as has been described
his story, representing the perils and sufferings  above.  Now the subjects of this Dithyrambic
of Dionysus, or some hero, as it might be.  Ac-  tragedy were not always, even in ancient times,
cordingly some scholars have recognized in such  confined to Dionysus.  Even Arion wrote Dithychoral songs, or in a proximate deviation from  iarnbs, lelating to different heroes (Herod. i. 23),
them, what has been called a "ly.rical tragedy,'4    a practice in which be was followed by succeeding
perfnrmned without. actors distinct from the chorus, poets, who wrote Dithyramb- like odes (whence
and conceived to be a transition step between the  they were classed amongst the ~TpayKo1 7rioyreTam),
Dithyranmb and the dramatic Tragedy,  The title,  which they called Centaurs, Ajaces, or Memnolns,
however, does not occur in ancient writers, and  Ias it might be.  (Zenob. v. 40.)  Thus, Epigenes
therefore, if it means anything, can only refer to re-  the Sicyonian is said to have written a tragedy,
presentations of the character we have just ascribed  i. e. a piece of dithyrambic poetry on a subject unto the Dithrnambs of Arion, modified from time to  connected with Dionysus, which was consequently
time, according to circumstances or the fancy of received with the cry of od3mv 7rpbs -rbv AidOverov,
the writer. That the names vrpa-yqiga and'rpcir-  or  "'this  has nothing to  do  with  Bacchus."
H3s are applied, indeed, to works and writers betore  (Apostolius, xv. 13.)  If this anecdote be true,
the time of Thespis, and that the " tragedy" of anid Epigenes preceded Ar;on, the introduction of
that age was entirely choral, without any regular  the 6atyrs into  the Dithyrambic chorus by the
formal dialogue, is evident from  many  autho- latter, may possibly have been meant to satisfy the
rities.   Thus Athenaeus (xiv. p. 630, c), ob-  wishes of the people; but whether it was so or
serves that the  whole satyiical poetry formerly  not, there is scarcely alny doubt that from the time
consisted of choruses, as did the "' tragedy " of old  o' Arion, the tragic dithyramb gradually became
times ('7 7r6f Trpa/yoica). Again, Diogenes Lair-  less satytical and sportive in its character, till the'tius (iii. 56) states that formerly the chorus alone  creation of the independent Satyric drama and the
acted (&Lepa/1ctaTiser) or performed a drama, on  Attic dramatic tragedy. (Bode4 p. 23&)
which Hermann (Opusc. vii. 218) observes, "after    As to the steps by which  this was effected,
the Dithyramb was sung, some of the chorus in  Aristotle (Poet. iv. 14) says, "Tragedy was at the
the  guise of Satyrs came forward and impro-  first an extemporaneous effusion (a7r' apxs aberovised  some ludicrous stories;but in exhibitions  oxetaeor'ux7), and was derived &7rb  iFev,eapXovof this sort," he adds, "we see rather dramaticae   cov Tbov AmtOpaeu~ov, i. e. from  the leaders or the
tragoediae initia,  quanm  ullum  lyrici cujusdam   chief singers of the Dithyramb, who probably sang
generis vestigiuim.''   Lyric poets also seem to have  or recited their parts in the trochaic metre, while
been spoken of as Tragedians; thus according to  the main body of the ode was written in irregular
Suidas (s.v.) Pindar wrote 17 3poidagra rpaytcd  verse.  It is easy to conceive how the introduction
("' but not lyrical tragedies," H  rrinaun, 1.c.), and  of an actor or speaker independent of the chorus
Simonides of Ceos wrote tragedies, or a tragedy,  might have been suggested by the exarchs or coryas some manuscripts have it.  But whateVer niay  phaei coming forward separately and making short
be isiferred from  this, it. only proves that Dithy-  off hand  speeches (Welcker, Nachtscag, p. 228),
rambic poets were also called Tragedians, just as  whether learnt by heart beforehand, or made on
in the Scholia on Aristophanles (Plut. 290) a writer, the  spur of the moment.  [CHortbs.]   But it
is described as utOvpa,ugo'robs o) rpa'yTi3iorieatos.  is also possible, if riot probable, that it was sug.For the arguments on both sides see Hermann,  gested by the rhapsodical recitations of the epic
1. c.; and Bi.ckh on the Orchomeninan inscriptions.  and gnomic poets formerly prevalent in Gieece:
(Greek T/eatre, p. 28.)                            the gnomic  poetry being generally  written  in
The ohoral Dithyr'anibic songs, accompanied with  Iambic verse- the metre of the Attic dialogue, and
mimetic action (the l yrical tragedy?), prevailed to  which Aristotle (Poet. 4) says was used by Homer
some extent, as all choral poetry did, amongst the  in his Margites, though its invention is commonly
Dorians of the Peloponnesus (Miiller, Dorianuss, ii. ascribed to Archilochus.  In fact the ftiapsodists
10. ~ 6); whence their derivative; the choral ele-  themselves are sometimes  spoken  of as actors
ment of the Attic tragedy, was always written in  (brotlrplral) of the pieces they recited, which they
the Dotian dialect, thus showing its origin.  The  are also said to act (7roKcprialeOat, Athen  xi-. p.
lyrical poetty was, however, especially papnilar at  629, d; Miiller, Liteiaturine, &c., p. 34).  But if
Sicyon SIld in Corinth.  In the, latter city Arion  two or more rhapsodes were called upon to go
made his iimptovemennts;  in the former'"tragic  through all episode of a poem, a regulation which
choruses," i. e dithiyranlbs of a sad and plaintive  obtained  at the Painathenaea, and attributed to
character,, were  very anci nt  (Herod. v. 67;  Solon or Hipparchus (Wolf, Proleg. p. 97; Platoe,
Welcker, Naeclhtosag, p. 235), and the Sicyonians  Hippar. p. 228), it is clear that they would prehre also said to ha-ve been the inventors of the  sent much of a dramatic dialogue.  In fact (Bode,
Tpa'ywal% (rpa-y(3gaS  e6ips-ram  ier,L~Uc,OL,  Te.- p. 6) the principal scenes of the  whole Iliad
Aso'oup-yol B'ATTico1 7roirn-rai, Thenlist. xxvii.  might in  this,way  have been represented  as
p. 406, Dind6rf); but of course this can only  parts of a drama.  These recitations then being so!ncan, that the dramatic tragedy was a de.rivative,  common, it was natural to combine with the re



TRAGOEDIA.                                       TRAGOEDIA.                  114S
presentation of the Dithyramb, itself a mixture of chaic tetrameter; as being better suited to the
recitative and choral song, the additional element satyrical and saltatorial nature of their pieces.
of the dialogue, written in Iambic verse, a measure  But perhaps the truth is that in the early part of
suggested pe-haps by the gnomic poetry, and used  his career Thespis retained the satyrical character
by Solon about the time of the origin of the dia- of the older tragedy, but afterwards inclined to
logue (Solon, Frag. 28, Gaisford), more especially  more serious compositions, which would almost
as it is the most colloquial of all Greek metres  oblige him to discard the Satyrs from his choruses.
(AXerrrlcbv) and that into which common conversa-  That he did write serious dramas is intimated by
tion most readily falls.  It is -indeed only a con- the titles of the plays ascribed to him, as well as
jecture that the dialogue or the Ionian element of by the character of the fragments of Iambic verse
Attic tragedy was connected with the rhapsodical  quoted by Plutarch as his (Bentley, Phalur. p.
recitations,  but it is confirmed by the fact that 214), and which even if they are forgeries of
Homeric rhapsodes were coanmen at Sicyon (HIerod.  Heraclides Ponticus, at least prove what was the
v. 67), the cradle of the Dorian tragedy, and also  opinion of a scholar of Aristotle on the subject.
at Brantron in Attica, where the worship of Diony- Besides the assertion that Sophocles (Suidas, ih
aus existed from  ancient times.  (H esych. s. s. vit.) wrote against the chorus of Thespis seems to
BpavpwvOtsr.)  This however is certain, that the  show that there was some similarity of character
union of the Iambic dialogue with the lyrical between the productions of the two poets. (Bode,
chorus took place at Athens under Peisistratus, and  p. 47.)  A  summary of the arguments in favour
that it was attributed to Thespis, a native of of the serious character of the tragedy of Thespis
Icarns, one of the country demes or parishes of is given by Welcker (Nachtorctg, pp. 257-27,6)
Attica where the worship of Dionysuts had long  The invention of the prologus and rhesis of tragedy
prevailed.  The introduction of this worship into  (an expression clearly in some measure identical
Attica, with its appropriate choruses, seems to have  with the introduction of an actor) is also ascribed
been partly owing to the comnmands of the Dorian  to Thespis by Aristotle.  (The1mist. p. 382, ed.
oracle (Dem. c. MIid. p. 531), in very early times. Dind.)  By the former word is meant the first
Thus it is stated (Plato, linios, p. 321; Plut. So/. speech of the actor (Aristot. Poet. 12), or the
29), that tragedy (i. ae. the old Dithyrambic and  prooemitim  with which he opened the piece-; the
Satyrical tragedy) was very ancient in Attica, and  chorus then sang the first ode or 7rdpolos, after
did not originate with Thespis or his coternpora-  which came the p'rots or dialogue between  the
ries.  This alter0ation made by him, and which  actor and the principal chorei(tae.  The invention
gave to the old tragedy  (&pXogYirav T'rwv  7resl of this dialogue is also alluded to in the phrase
@scr-7rm/ ijFl r-dy TpayV8iav KiE'sv) a new and dla- AE'SEWF   yievocs'erIS. (Id. 4.)  It is evident that
ml.tic chaincter (imaking it an ilatzota trayicte  the introduction of the dialogue must also have
eenus, Her. Ars. Poeti 275), was very simple but caused an alteration in the arrangement of the
very important.  He introduced all actor, as it is chorus, which could not remain cyclic or circular,
recorded, for the sake of giving rest to the chorus but must have been drawn up in a rectangular
(Diog. Labrt. iii. 50) and independent of it, in  form  about the thymele or altar of Bacchus in
which capacity he probably appeared himself (Plut. front of the actor, who was elevated on a platform
Sol. 29), taking various parts in the same piece, or table (xAers), the forerunner of the stage. The
undcer various disguises, which he was enabled to  statement in Pollux (iv. 123), that this was the
assnune by means of the linen masks, the invention  case before Thespis seems incorrect.  (W5elcker,
of which is attributed to him. Now as a chorus,  VachtraSd, p. 268.)  If we are right in our lnotion
by means of its leader, could maintain a dialogue  of the general character of the Thespian drama,
with the actor, it is easy to see how  with one  the phrase oi'Sv 7rpbs AidvV(rov, which was ceractor only "a dramatic action might be introduced, tainly used in his time, was first applied to his
continued, and concluded, by the speeches between  plays at AthenIs, as being unconnected with the
the choral songs expressive of the joy or sorrow of fortunes of Dionysus, and as deviations from  the
the chorus at the various ev-ents of the drama." Iurpol uPOo1  al Aitfrs yeXoLa of his predecessors.
Thus Miiller observes that in the plky of Pentheus, Plutarch however (Sypos. i. 5) supposes that its
supposed to have been composed by Thespis, " a first application was later: he says "when Phryvnisingle actor might appear successively as Dionysus, chus and Aeschylus continued to elevate tragedy
Penthens, a messenger, Agave the mother of Pen- to legends and tales of sufferings (eis uW0ovs Kcal
theus, and in these characters express designs and  7rdr7 7rpoayd-vrcv), the people missing and regretintentions, or relate events which could not be re- ting the old Satyric chorus, said, " What is this to
presented, as the murder of Pentheus by his Bacchus?" Hence the expression was used to sigmother: by which means he would represent the  nify what was mal-h-ptopos, or beside the quessubstance of the fable ais it appears in the Bacchae  tion.
of Euripides."  (Miiller, p. 29; Bode, p. 57.)    The reader may have observed that we have not
With respect to the character of the drama of noticed the lines of Horace (Ar. Poet. 276):
Thespis there has been miuch doubt: some writers,, Dicitur et plaustris vexisse poemata Thespis,
and especially  Bentley (Phalart. p. 218), have
an...p l.e y (... 3Quae canerent ageil6ntqfte peruncti faecibus ora.':
maintained that his plays were all satyrical and
ludicrous, i. e. the plot of them was some story of    The fact is that they are founded on a misconcep3Bacchus, the chorus consisted principally of satyrs, tion of the origin of the Attic tragedy, and that the
and the argument was merry -  an opinion indeed  tale about the wagons of Thespis probably arose out
which is supported by the fact that in the early  of a confusion of the wagon of the comedian Susarion
part of his time, the satyric drama had not ac- with the platform of theThespian actor.  The first
quired a distinctive character.  It may also appear representation of Thespis was in B. c. 535.  His
to be confirmed by the statement (Aristot. Poet. 4) immediate successors were the Athenian Choerilas
that at first the Tragedians made use of the tro- and Phrynichus, the former of whom  represented
4   4




1144             TRAGOEDIA.                                        TRAGOEDIA.
plays as early as B. C. 524. He is said by Suidas pany were not of necessity thereby divested of
to have written 150 pieces: fromn the title of one their epic and legendary character (HIorace, Ai.
of them, the " Alope," its subject seems to have  Poet. 222, speaks of the'" incolumi gravitate"),
been a legend of Attic origin. (Pans. i. 14. ~ 3; though they were obliged to conform to their situBode, p. 60.)  That he excelled in the Satyrical ation and suffer some diminution of dignity, from
drama invented by Pratinas, is indicated by the  their position. Hence Welcker (Nac/traeg, p. 331)
line of an unknown author,                      - observes, the Satyrical drama, which, so to speak,'HvicKa Herv,3aAie'us Xv XoipiLos ez 2a-rt'poLS,    was " the Epos turned into prose, and interspersed
with jokes made by the chorus," is well spolken of
and if he wrote anything like the number of dra- as a " playful tragedy "  (7raL(ovua TpaTy8la),
mas ascribed to him, it is also evident that the  being both in form and materials the same as tracustom of contending with Tetralogies must have  gedy.  Thus also Horace (Ar. Poet. 231) says:
been of early origin, for there were only two dra-      utire leve
matic festivals during the year.    -     -        -Intereit  Satyris panulun   pudibunda protervis
Phrynichus was a pppil of Thespis, and gained
his first victory in the dramatic contests B. C. 511. alluding in the first line to the mythic or epic eleInI his works, the lyric or choral element still pre-'ment of the Satyric drama, which he calls Tragoedominated over the dramatic, and he was distin-  dia, and in the second representing it as being
guished for the sweetness of his melodies, which  rather ashamed of its company.  The scene was of
in the time of the Peloponnesian wlvr were very  course laid in the supposed haunts of the Satyrs,
popular with the admirers of the old style of music. as we learn from  Vitruvins (v. 8): "Satyricae
The esteem in which his "ambrosial songs" were  scenae ornantur arboribus, montibus reliquisque
then held is shown in several passages of Aristo-  agrestibus rebus," all in keeping with the incidents
phanes (.lves, 748, T/esim. 164), and in the line  of the pieces, and reminding the spectators of the
(Vesp. 219) where the dicasts are made to chaunt old Dithyramb and the god Dionysus, in whose
the old Sidonian sweet songs of Phrynichus,        honour the dramatic contests were originally held,
KaZl /IWUplPOYVES  yea Wrn    T~ve must however observe that there were some'ApXaLOCEXLatL15vomppvViLXVpavT.              characters and legends, which as not presenting
any serious or pathetic aspects, were not adapted
"Sidonian " being an allusion to the play which he  for tragedy, and therefore were naturally approwrote called the Phoenissae.  The first use of priated to the Satyric drama.  Such were Sisy.female masks is also attributed to him  (Suidas, in  phus, Autolycus, Circe, Callisto, Midas, Omiphale,
vit.), and he so far deviated from the general prac- and the robber Skiron.  Hercules also, as lie aptice of the Attic tragedians as to write a drama  pears in Aristophanes (Rance) and the Alcestis
on a subject of cotemporary history, the capture  of Euripides, was a favourite subject of this drama,
of Miletus by the Persians, B..C. 494. (Herod. vi. as being no unfit companion for a drunken Silenus
21.)                                               and his crew. (Miuller, 295.) The Odyssee also,
We now come to the first writer of Satyrical says Lessing (Leben des Sophocles, ~ 115), was in
dramas, Pratinas of Phlius, a town not far from  general a rich storehouse of the Satyrical plays;
Sicyon, and which laid claim  to the invention of but though the Cyclops of Euripides, the only
tragedy as well as comedy. (Bode, p. 35.)  For satyrical play extant, was taken from  it, the list
some tim:. previously to this poet, and probably as of Satyric pieces given by Welcker (NAIchtrag, p.
early as Thespis, tragedy had been gradually d-  284-322) hardly confirms this assertion.
parting more and more fiom  its old oharacteristics,    We now come to the improvements made in
and inclining to heroic fables, to which the chorus tragedy by.Aeschylus, of which Aristotle (Poet.
of Satyrs was not a fit accompaniment.  But the  iv. ~ 16) thus speaks:-" He first added a second
fun and merriment caused by them were too good  actor and diminished the parts of the chorus, and
to be lost, or displaced by the severe dignity of made the dialogue the principal part of the actioni"
the Aeschylean drama. Accordingly the Satyrical (Tbv XhAoio 7rp&cTaCYWVesoT'V  rapEpe CEma'es).  lte
drama, distinct from the recent and dramatic tra- also availed himself of the aid of Agatharchus, the
gedy, but suggested by the sportive elemlent of the  scene-painter, and improv d the costumne of' his
old Dithyramb, was founded by Pratinas, who  actors by giving them thick-soled boots (/EgcTaX:    )
however appears to have been surpassed in his own  as well as the masks, which he made more expresinvention by Choerilus.  It was always written by  sive and characteristic.  Horace (Ar. Poet. 278)
tragedians, and generally three tragedies and one  thus alludes to his improvements: —
Satyrical piece were represented together, which in
some instances at least formed a connected whole,    Aeschyls, et modicis instravit pulpita tinis
called a tetralogy (rerpaXoyia).  The Satyrical    Et docuit magnumque loqui, nitique cothurno
piece was acted last, so that the minds of the
spectators were agreeably relieved by a merry  The custom of contending with trilogies (rpLXoyiLat),
after-piece at the close of an earnest and engrossing  or with three plays at a time, is said to have been
tragedy. The distinguishing feature of this drama  also introduced by him. In fact he did so much for
was the chorus of Satyrs, in appropriate dresses  tragedy, and so completely built it up to its "' towerand masks, and its subjects seem to have been  inig height," that he was considered the father of it.
taken from  the same class of the adventures of The subjects of this drama, as we have before intiBacchus and of the heroes as those of tragedy; nmated from Plutarch, were not connected with the
but of course they were so treated and selected, worship of Dionysus; but rather with the great
that the presence of rustic satyrs would seem ap- cycle of Hellenic legends and some of the myths
propriate. In their jokes and drollery and naYvete  of the Homeric Epos. Accordingly he said of him.
consisted the merriment of the piece; for the kings self (Athen. viii. p. 347, e) that his dramas were
iad heroes who were introduced into their com- but scraps and fragments from the great feasts of




TRA GOEDIA.                                       TRAGOEDIA.                    11 15
Homer.  Another instance of his departure from   dignus," was frequently employed by Euripides to
the spirit and form of the old tragedy, as connected  effect the delnozisment of his pieces. The chorus too
with Dionysus, is shown in his treatment of the  no longer discharged its proper and high functions
Dithyrambic chorus of fifty men, which in his tri-  either as a representative of the feelings of unprelogy of the Oresteia he did not bring on the stage  judiced observers, or, "as one of the actors, and a
all at once, hut divided it into separate parts mak-  part of the whole," joining in the development of
ing a diffeir'nt set of choreutae for each of the three  the piece.  Many of his choral odes in fact are
pieces.  (Miiller, Euszenicl.)  In the latter part of but remotely connected in subject with the action
his life Aeschylus made use of one of the improve-  of the play. Another novelty of Euripides was the
ments of Sophocles, namely the TpIraywe7e-Tss,, or use of the "monodies " or lyrical songs. in whiclh
third actor.  This was the finishing stroke to the  not the chorus, but the principal petsons of the
dramatic element of Attic tragedy, which Sopho- drama, declare their emotions and sufferinrs.  They
cles is said to have matured by further improve- were amongst the most brilliant parts of his pieces,
ments in costume and scene-painting.  Under him  and being sung by persons on the stage, are solnetragedy appears with less of sublimity and stern-  times described as  catl arrb Ke4rViS.  (Phot. Lea.
ness than in the hands of Aeschylus, but with  s. v.)   Aristophanes  often parodied  them, and
more of calm grandeur and quiet dignity and touch- makes Euripides say of himself (Ranae, 944), that
ing incident.  His latter plays are the perfection  he "nurtured tragedy with monodies, introducing
of the Grecian tragic drama, as a work of art and  Cephisophon " his chief actor, to sing them.
poetic composition in a thoroughly chastened and   E
classic style, written whels as he says of himself he  T                                      
had put away the boyish pomp of Aeschylua  (hbv       Euripides was also the inventor of tragi-comedy,
AIo'Xov 8larerrarX&s   oyscov), and the harsh ob- which not improbably suggested, as it certainly
scurity of his own too great refinements, and at- resembled, the'I5aporpay?9,Ba of the Alexandriso
tained to that style which he thought the best, age, the latter being a half-tragic, half-comic drama,
and most suited for portraying the characters of or rather a parody or travesty of tragical subjects.
men. (Plut. de Pro. V. S. p. 79, b.)  The intro- A specimen of the Euripidean tragi-comedy is still
duction of the third actor enabled him to do this  extant in the Alcestis, acted B. c. 438, as the 1;st
the more effectually, by showing the principal cha-  of four pieces, and therefore as a substitute for a
racter on different sides and under different cir- Satyrical drama.  Though tragic in its form and
cumstances, both as excited by the opposition of some of its scenes, it has a mixture of comlic arid
one and drawn out by the sympathies of another. satyric characters (e. g. Hercules) and concludes
[HISTRIO, P. 611.]  Hence though the plays of happily.
Sophocles are longer than those of Aeschylus, still    It remains to make some remarks on the nature
there is not a corresponding increase of action, but and object of Greek tragedy in general, and on
a more perfect delineation of character.  Creon for the parts into which it was divided.  According
instance in the Antigone, and Ajax are more per- to Plato (Leg. vii. p. 817) the truest tragedy is an
fect and minutely drawn characters than any in  imitation of the noblest and best life:'IcuJr
Aeschylus. The part of the chorus is, on the other Tro  KaAreaXoroU Kal a&pi'-ou L0ov.  Aristotle's dehand, considerably diminished in his plays.  Ano-  finition is more comprehensive and perhaps perfect.
ther distinguishing feature in them  is their moral " Tragedy is an imitation of an action that is imsignificance and ethical teaching. Though the cha. portant (snrou3aas), and entire, and of a proper
racters in them are taken from the old subjects of magnitude, in pleasurable language, by means of
national interest, still they do not always appear action, not of narration, and effecting through teras heroes, or above the level of common humanity, ror and pity the refinement and correction of such
but in stuch situations and under the influence of passions " (ar-v rsotoUrw  raOelpdrarw KdOapor'). He
such motives, passions, and feelings as fall to the  then adds, Tragedy contains six parts: the story,
lot of men in general: so that "' every one may re- i. e. the combination of incidents or plot, manners,
cognise in them some likeness of himself."          expression, sentiment, decoration, and music (/60os
Irs the hands of Euripides tragedy deteriorated  ical`iOs, cal AeCE~, real  dea'vola, ical 4itrs, iral yesonot only in dignity, but also in its moral and reli-  roeda).  Of these the story is the principal part,
gious  significance.  He introduces his heroes in  dexeloping the character of agents, and being in
rags and tatters, and busies them with petty affairs, fact the very soul of tragedy.  The manners come
and makes them speak the language of every-day  next, and.manifest the disposition of the speakers.
life.  As Sophocles said of him  (Arist. Poet. 25), The sentiments take the third place, and comprehe represented men not as they ought to be, but as hend whatever is said, whether proving anything,
they are, without any ideal greatness or poetic  or expressing some general reflection.  Afterwards
character -thoroughly prosaic personages.  Hiis he adds, Fables are of two sorts, simple and comdialogues too were little else than the rhetorical plicated (of  ie &a'rAX,. o' He wrerAEyeEi'rvt), the
and forensic language of his day cleverly put into  catastrophe of the former produced without a revoverse: full of sophistry and quibbling distinctions. lution o: discovery, of the latter with one or both.
One of the peculiarities of his tragedies was the  Now a revolution (sreptrE-rreta) is a change to the
7rpoAoyos, an introductory monologue, with which  reverse of what is expected from the circumlstances
some hero or god opens the play, telling who he  of the action: a discovery (&Ia'y'vc6polrs) is a change
is, what is the state of affairs, and what has hap- from kiown or unknown, happening between chapened tp to the time of his address, so as to put raeters whose happiness or unhappiness forms the
the audience in possession of every fact which it catastrophe of the drama.  The best sort of dismight be necessary for them  to know:, a very  covery is accompanied by a revolution, as in the
business like proceeding no doubt, but a poor make-  Oedipus.  Aristotle next enumerates the parts of
shift for artistical skill. The " Delus ex machine,"  qrzantity (ncara& Tb 7robv) or division in tragedy:
also, though not always, in a "nodus, tall vindice  these are, the prologue, episode, exode, and choral




1 146             TRAGOEDIA.                                       TRAGOEDIA.
songs; the last divided into the parode and stasi- which strongly distinguishes the ancient tragedy
mon.  Thi 7rp;Adyos is all that part of a tragedy  from the modern, and to which is owing in some
which prebedes the parodos of the chorus, i. e. the  measure the practical and quiet irony in the handfirst act.  The &reMrCLroe  is all the part between  ling of a subject, described by Thirlwall (Phil.
ivhole choral odes.  The S~ooos that part which  1//es. ii. p. 483, &c.) as a characteristic of the
has no choral ode after it.  Of the choral part the  tragedy of Sophocles.
srdpoeos is the first speech of the whole chorus (not    The functions of the Chorus in Greek Tragedy
broken up into parts): the stasimon is without were very important, as described by Horace (lr.
anapaests and trochees.  These two divisions were  Poet. 193),
sung by all the choreutae (KoLvm amrasVTcv), but
s~ung  by all thle: choreutae (KOL~i &rrdrVoWv),  but ~, Actoris partes chorus officiumique  virile
the'" songs on the stage " and the KirJA)oi by a     cols  ars c s o           q       e
pa rt onl a   A th — -rie   d he-,c-m'ir l  io  _,Defendat: neu quid medios intercinat actus,
part only (oM  li T,arb'rx afiroIS rcs tra U ~:Ic/OL).
Quod non proposito conducat, et hbereat apte," &c.
The commlus, which properly means a wailing fo 
the deed, was generally used to express strong ex-. We must conceive of it, says A. W. Schlegel, as
citement, or lively sympathy with grief and suffer- the personification of the thought inspired by the
ing, especially by Aeschylus.  It was common to  represented action; in other words, it often exthe actors and a portion only of the chorus (KOltqrbs  presses the reflections of a dispassionate and rightbE abpoivos, coiLVbS XOpOO, Kail ar'b rciljK7s), whence  minded spectator, and inculcates the lessons of moits  derivative  CKO/lAaTLruCd is used to designate  rality and resignation to the will of heaven, taught
broken and interrupted songs sung either by indi- by the occurrence of the piece in which it is envidual choreutae or divisions of the chor us. (Mill- gaged. Besides this, the chorus enabled a poet to
ler, Eumen. p. 84.)  Again the 7rdupoos was so  produce an image of the "council of elders," which
named as being the passage-song of the chorus existed under the heroic governments4 and under
sung while it was advancing to its proper place in  whose advice and in whose presence the ancient
the orchestra, and therefore in asripaeestic or march- princes of the Greek tragedy generally acted.
ing verse: the ocirdl-iyov, as being chaunted by the  This image was the more striking and vivid, inaschorus when standing still in its proper position. much as the chorus was taken from the people at
(Suid. and Etyie. 1leagn.)                        large, and did not at all differ from the appearance
With respect to the ends or purposes of Tragedy, and stature of ordinary men; so that the contrast
Aristotle observes that they {are best effected by  or relation between them and the actors was the
the representation  of a chalnge of fortune from  same as thtat of the Homeric Xaoi and &'.taKCres.
prosperity to adversity, happening to a person  Lastly, the choral songs produced an agreeable
neither eminently vittuious nor just, nor yet in- pause in the action, breaking the piece into parts,
volved in misfortutne by deliberate vice or villany, while they presented to the spectator a lyrical
but by some error of human frailty, and that he and musical expression of his own emotions, or
should also be a person of high fame and eminent suggested to him  lofty thoughts and great arguprosperity, like Oedipus or Thyestes.  Hence, he ments.  2is Schlegel says, the chorus was the
adds, Euripides is not censurable, as is generally  spectator idealised.  With respect to the number
supposed; for tragedies with an unhappy termina- of the chorus, Miiller (Lit. of Greece, 300) thinkstion like his, have always the most tragic effect; that out of the dithyrambic chorus of 50 a quadand Euripides is the most tragic of all poets, i. e. rangular chorus of 48 persons was first formed,
succeeds best in producing pity: an expression  and that this was divided into sets of 12, one for
especially true of some scenes in the Medea.  In  each play of a tetraloge; but in the time of SoAeschylus,  the feelings of pity and melancholy phocles, the tragic chorus amounted to 15, a
interest are generally excited by the relation in  number which the ancient grammarians always
which his heroes stand to destiny.  He mostly  presuppose in speaking of its arrangements, though
represents them  as vainly struggling against a it might be that the form  of the Aeschylean trablind but irresistible fate, to whose power (ac- gedy afterwards became obsolete.
cording to the old Homeric notion) even the father    The preceding account should be read in connecof gods and men is forced to yield, and it is only  tion with the articles CHORtus DIONYSIA, HISTRIO,
occasionally, as in the splendid chorus of the Eume- and THEATRtI.
aides (522), that we trace in him any intimations    The explanation of the following phrases may
of a moral and retributive government of the world. be useful.
Hence there is a want of moral lessons in his    lapaXdp'y77q eta: this word was-used in case of
works.  In Sophocles, on the contrary, we see  a fourth actor appearing on the stage; probably
indications of a different tone of thottghit; and the  because the choragus was required to be at an
superintendence  of a directing and controlling  extra expense in supplying him with costume, &c.;
power is distinctly recognized: " the great Zeus sometimes actors so called spoke; Is the character
in heaven, who superintends and directs all things.' of Pylades, does (Aesch. C0/eaph. 900-902)
(Electr. 174; Thirlwall, Phil. Mzis. vol. ii. p. 492.) sometimes they were mtites.
The materials of Greek tragedy were the national   flapaelctusov: this phrase was used when one
mythology,                                         of the choreutae spoke in song, instead of a fourth
" Presenting Thebes, or Pelops' line,       iactor, probably near or behind the side-scenes.
Or the tale of Troy divine."               Flapwlyopa5as-ra were voices off the stage, and not
seen, as the frogs in the Ranae. (Pollux, iv. 109;
The exceptions to this were the two historical Schol. in Aristoph. Pac. 113.)
tragedies, the   Capture of Milettis," by Phryni-   fIapaXopupaTrae, persons who came forward but
chus, and the" Persians" of Aeschylus; but they  once, something like the srporoo.rca 7rporanrTne, or
belong to an early period of the art.  Hence the  introductory persons who open a drama and never
plot and story of the Grecian tragedy were of appear again; as the watchman in the Agamemnlecessity known to the spectators, a circumstance  non, and Polydorus in the Hecuba.  Terence also




TRAGOEDIA.                                      TRAGOEDIA.                  1147
frequently uses the persona protatica.  (Donat. meter verses. (Macrob. Sat. i. 7.)  The fivi poets
Ter. Prolog. ad Andr.)                           mentibned above belong tb the eaifliei  i6poch of
The &tXopla was a double chorus, formed of the  Roman tragedy, in which little wais written but
choruses of two separate plays: thus at the end  translations and imitations of the Greek, with ocof the Eumenides of Aeschylus the Furies of one  casional insertions of original matter.  How they
play and the festal train of another come on the  imitated the structure of the choral odes is doubtstage together. (MUller, Literat. &c. p. 300.)   ful, perhaps they never attempted it.  Ennius,
The principal modern writers.on the Greek  Pacuvius, and Accius are contrasted by Cicero
Tragedy are mentioned in the course of the article. (de Orat. iii. 7)9 With Aestchylus, Sophocles, and
The reader may also consult Wachsintith, vol. ii. Euripides; and of the two last Quintilian (x. 1.
pt. ii. pp. 467, 421; Gruppe, A riadize Die Tragiscie  ~ 97) says, "Virium Accio plus tribtsittir; PaaciKunst der Griehen in irer Entioickelung and in  vium  videri doctiorem, qui esse docti affectant
i/re77, ZYusammzenhangoe mit der Volkspoesie, Berl. volunt."
1834; Museum  Criticumn, vol. ii. p. 69, &c.; Cop-    In the age of Augustus the writing of tragedies,
leston, Praelectiones Acadcnicae; Schneider, Ueber  whether original or imitations, seems to have been
des Attisclhe Thleaterwesen an exceedingly valuable  quite a fashionable occupation.  The emperor himbook.                                            self attempted an Ajax, but did not succeed; and
2. ROMAN. The tragedy of the Romans was, when his friends asked him, " Quidnam  Ajax
for the most part, an imitation of, or rather a bor- ageret?" his reply was " Ajacem suum in spongiam
rowinrg from, the Greek, the more imperfect and  incubuisse."  (Suet. Aug. 85.)  One of the prinunnatural, as the  construction  of the Roman  cipal tragedians of this epoch was Asinius Pollio,
theatre  afforded  no  appropriate  place for the  to whom the line (Virg. Eclog. viii. 10)
chorus, which was therefore obliged to appear on    Soa ophocleo t  carmin  dign  cotho,
the stage, instead of in the orchestra.  The first
tragic poet and actor at Rome (Gellius, xxi. 17) was  is sulppased to apply: he also excelled in other
Livius Andronicus;  a Greek by birth, who began  literary accomplishments. (Hor. CTarm. ii. 1.) Ovid
to exhibit in n. c. 240.  From  the account in  (Trist. ii. 556) also wrote a tragedy, of which
Livy (vii. 2), it would seem that in his monodies  Quintilian (x. 1. ~ 98) says, " Ovidii Medea vi(or the lyrical parts sung, not by a chorus, but by  detur mihi ostendere, quantum ille vir praestare
one person), it was customary to separate the sing- pottlerit si ingenio suo temperare quam indulgere
ing from the mimetic dancing, leaving the latter maluisset."  His "armorum judicium" (Metamor.
only to the actor, while the singing was performed  xiii.) between Ajax and Ulysses, oil which Pacti.
by a boy placed near the flute-player (ante tibi-  vius and Accius also wrote dramas, proves that
cistenm); so that the dialogue only (diverbia) was  he might have rivalled Euripides in rhetorical
left to be spoken by the actors.  One of the plays  skill.  Quintilian also says of Varius, who was
written by him  was an " Andromeda;" and he  distinguished in epic as well as tragic poetry (Hor,
also made a Latin prose translation of the Odyssee. Carme. i. 6, Ar. Poet. 55; Tacit. Dial. xii. 1), that
The next tragic poet at Rome was Naevius; who  his Thyestes might be compared with any of the
however appears to have written comedies as well Greek tragedies. Some fragments of this Thyestes
as tragedies (Hieron. in Euseb. Olynmp. 144. 3), are extant, but we have no other remains of the
and a history of the first Punic war: so that the  tragedy of the Augustan age.  The loss perhaps is
writing of tragedies was not a distinct profession  not great; for the want of a national and indiat Rome, as at Athens.  An " Alcestis" seems to  genous mythology must have disabled the Roman
have been written by' him.  To the same epoch as poets from producing any original counterparts of
Livius Andronicus, and Naevits, belongs Ennius, the Greek tragedy; besides which, in the later
who resembled the latter in being an epic poet as  days of the republic, and under the empire, the
well as a tragedian.  Amongst the plays wriqtten  Roman people were too fond of gladiatorial shows,
by him  are mentioned, a Medea, an  Ajax, a  and beast-fights, and gorgeous spectacles, to enPhoenissae, an Iphigenia, an Andromache, and a  courage the drama.  Moreover, it is also manifest
Hecuba.  The metre used by him and Naevius  that a tragedy like that of the Greeks could not
was iambic or trochaic in the dialogue, and ana- have flourished under a despotism.
paestic for the lyrical parts. (Gellius, xi. 4.)  The    The only complete Roman tragedies that have
next distinguished tragedian was Pacuvius, a  come down to us are the ten attributed to the
nephew of EnniLs, and a painter also.  His style  philosopher Seneca.  But whether he wrote any
was more remarkable for spirit and vigour of ex- of them  or not is a disputed point.  It is agreed
pression than polish or'refinement, a deficiency  that they are not all from the same hand, and it
attributable to his age and provincial origin, as he  is doubtful whether they are all of the same age
was born at Brundisium.  Among his plays occur even.  In one of them, the Medea, the author
an Antiope, a Chryses, and a Dulorestes (Quintil.  made his heroine kill her children on the stage,
x. 1; Cicero, Orat. iii. 39), and his tragedies' coram populo," in spite of the precept of Horace.
found admirers even in the time of Persius (i. Schlegel (Lect. viii.) thus speaks of them: " To
77).  Cicero (1. c.) quotes from  him  a spirited  whatever age they belong, they are beyond detranslation of the concluding lines of the Prome-  scription bombastic and frigid, utterly unnatural in
theus Vinctus of Aeschyllus.  Attins or Accius  character and action, and full of the most revolting
the younger was junior to Pacuvius by about fifty  violations of propriety, and barren of all theatrical
years.  His earlier plays were, as he himself ad-  effect.  With the old Grecian tragedies they have
mitted, harsh and obseuie (Gellius, xiii, 2); but nothing in common but the name, the exterior
his style probably altered with increasing years. form, and the matter.  Their persons are neither
Many fragments of his plays occur in Cicero and  ideal nor real men, but misshapen giants of pupthe Latin grammarians,- Diomedes, Nonius, and  pets, and the wire that moves them is at one time
Varro.  He was also a writer of annals in hexa-  an unnatural heroism, at another a passion?nlike




1148               TRIBULA.                                         TRIBUNUS.
unnatural, which no atrocity of guilt can appal."  used in the East.  The verb tsibulare (Cato, de Re
Still they have had admirers: Heinsius calls the  Runst. 23), and the verbal noun tribulatio were apHippolytus " divine," and prefers the Troades to  plied in a secondary sense to denote affliction in
the Hecuba of Euripides: even Racine has bor-  general.                                   [J. Y ]
rowed from the Hippolytus in his Phhdre.             TRI'BULUS (Trpiohos), a caltrop, also called
Roman tragedians sometimes wrote tragedies  minuex. (Val. Max. iii. 7. ~ 2; Curt. iv. 13. ~ 36.)
on  subjects taken from  their national history.  When a place was beset with troops, the one party
Pacuvius, e. g. wrote a Paulus, L. Accius a Brzt Gus  endeavoured to impede the cavalry of the other
and a Decius. (Cic. de Div. i. 22.)  Curiatius Ma-  party either by throwing before them  caltrops,
ternus, also a distinguished orator in the reign of which necessarily lay with one of their four sharp
Domitian, wrote a Domitius and a-Cato, the latter  points turned upwards, or by burying the calof which gave offence to the rulers of the state  trops with one point at the surface of the ground.
(poteutiumn aninsos odfendit, Tacit. Dial. 2; Lang.  (Veget. de Re AIil. iii. 24; Jul. Afric. 69. oap. Vet.
Vind. Trag. Roman. p. 14).  The fragments of the
Thyestes of Varius are given by Bothius, Poet.
Seen. Lat. Frag. p. 279.              [R. W.]
TRA'GULA.  [HASTA, p. 589, a.]
TRANSA'CTIO IN VIA.  [AcTIO, p. 1 1, a.]
TRA'NSF UGA.  [DESER. TO.]
TRANSTRA.  [NAVIS, p. 788, a.
TRANSVE CTIO E'QUITUM.  [EQUITES.1
TRAUMATOS EK PRONOIAS GRAPHE
(rpa,uazors Eie  rpcYias ypao~).  Our principal
information respecting this action is derived from                       /
two speeches of Lysias, namely, rpbs:iowva and
crepl rpataToS E&K IrpoVOiaS, thouglh they do not
supply us with many particulars.  It appears,
however, that this action could not be brought by
cany person who had been wounded or assaulted
by another, but that it was necessary to prove that
there had been an intention to murder the person        -
who had been wounded; consequently the 7rpvora..o.
consisted in such an intention.  Cases of this-kind
wvere brought before the Areioplgus: if the ac-  Mat?. Graec. p. 311.)  The annexed woodcut is
cused was found guilty, he was exiled from  the  taken from  a bronze caltrop figured by  Cayllls
state and his property confiscated. (Compare Dem.  (Recueil, iv. pl. 98).                  [J. Y.]
C. Aristoce. 627. 22, c. Boeot. 1018. 9, Aesch. de    TRIBU'NAL (/3,pa), a raised platform, or, to
Fals. Leg. 270, c. OCes. 440, 608; Lys. c. Andoc. use the term adopted from the French, tribune, on
p. 212; Lucian, Timon, 46; Pollux, viii. 40; which the praetor and judices sat in the Basilica.
Meier, Att. Proc. p. 314.)                         It is described under BASILICA (p. 199).
TRESSIS.  [As, p. 141, a.]                         There was a tribunal in the camp, which was
TRESVIRI.  [TitIuaIvlRI.]                       generally formed of turf, but sometimes, in a staTRIA'RII.  [ExERCITvS, pp. 495 -497, 501, tionary camp, of stone, from  which the general
b.]                                                addressed tihe soldiers, and where the consul and
TR1'BULA  or TRI'BULUM  ('plX~Xos), a  tribunes  of the  soldiers administered  justice.
corn-drag, consisting of a thick and ponderous  When the general addressed the army from  the
wooden board, which was armed underneath with  tribunal, the standards were planted in front of it,
pieces of iron or sharp flints and drawn over the  and the army placed round it in order.  The ad.
corn by a yoke of oxen, either the driver or a heavy  dress itself was called Allocutio. (Plut. Pomp. 41;
weight being placed upon it, for the purpose of se-  Lipsius, de Mlilit. Rom. iv. 9; CASTRA.)
parating the grain and cutting the straw. (Varro,    A tribunal was sometimes erected in honour of a
de Re Rust. i. 52; Ovid. Met. xiii. 803; Plin. 1.  deceased imperator, as, fir example, the one raised
N. xviii. 30; Longus, iii. 22; Brunck, A zal. ii. to the memory of Germanicus- (Tacit. Annal. ii. 813.)
215; Amos, i. 3.)  Together with the tribuzla an-    Pliny (1I. N. xvi. 1) applies the term  to emother kind of drag, called tcaha, was also some-  bankments against the sea.               [P. S.]
times used, which it is probable was either entirely  TRIBU'N US.  This word seems originally to
of stone or made of the trunk of a tree.  (Virg.  have indicated an officer connected with a tribe
Georg. i. 164; Servius, ad loc.; Col. de Re Rust.  (tribus), or who represented a tribe for certain purii. 21.)  These instruments are still used in Greece, poses; and this is indeed the character of the
Asia Minor, Georgia, and Syria, and are described  officers who were designated by it in the earliest
by various travellers in those countries, but more  times of R-.me, and may be traced also in the later
especially by Paul Lucas (Voyage, vol. i. p. 182).  officers of this name.  We subjoin an account of
Sir R. K. Porter (Travels, vol. i. p. 158), Jackson  all the Roman officers known under this name.
(Journey fiomn  India, p. 249), and C. Fellows,  I 1. TRIBUNES OF THE THREE ANCIENT T'tlBF S.
(Journal, pp. 70, 333). The corn is threshed upon  At the time when all the Roman citizens were
a circular floor (area, xawv), either paved, made  contained in the three tribes of the Rarmnes, Tities,
of hardened clay, or of the natural rock. It is first and Luceres, each of them was headed by a tribune
heaped in the centre, and a person is constantly  (AbtSapXos, Dionys. ii. 7; Dig. 1. tit. 2. s. 2. ~ 20;
occupied in throwing the sheaves under the drag  Serv. ad _Aen. v. 560), and these three tribunes
as tIe oxen draw it round.  Lucas and Fellows  represented their respective tribes in all civil, relihave given prints representing the tribula as now   gious, and military affairs; that is to say, they




TRIB UNUS.                                         TRIB UNI S.                1149
were in the city the magistrates of their tribes, and  ap.  elL. vii. 10.)  In later times their duties apperformed the sacra on their behalf, and in times  pear to have been confined to collecting the tribu.
of war they were their military commanders. (Liv. tum, which they made over to the military quaesi. 59; Dionys. ii. 64; Varro, de Ling. Lat. v. 81.) tors who paid the soldiers. CQJUAESTOR.]  The
Niebuhr (ITist. of Rome, i. p. 331) supposes that lex Aurelia (70 B. c.) called the tribuni aerarii to
the tribunus celerumn was the tribune of the Rarmnes, the exercise of judicial functions, along with the
the oldest and noblest among the three tribes, and  senatois and equites, as these tribunes represented
in this opinion he is followed by Ghttling (Gesch. the body of the most respectable citizens. (Orelli,
d. Rnz. Staats. ttser    166), though it is in direct Ono. ull. iii.p. 142; Appian, de Bell. Cin. iii.
contradiction to Dionysius (ii. 13) and Pomponius  23.)  But of this distinction they were subse(de Orig. Jur. Dig. 1. tit. 2. s. 2. ~ 15), according  quently deprived by Julius Caesar.  (Suet, Caes.
to whom'the tribunusn celerum was the commander 41.)
of the celeres, the king's body-guard, a statement    3. TRIBUNI PLEBIs.  The ancient tribunes of
which is rejected by Niebuhr without his being  the plebeian tribes had undoubtedly the right of
supported by any ancient authority, except that convoking the meetings of their tribesi and of mainDionysius in one passage (ii. 64) vaguely speaks  taining the privileges granted to them  by king
of tribuni celerum  in the plural.  That however Servius and subsequently by the Valerian laws.
the tribunus celerum was really distinct from the  But this protection was very inadequate against
three tribunes of the tribes, is acknowledged by  the insatiable ambition and usurpations of the
Niebuhr himself in a subsequent part of his work  patricians.  When the plebeians, impoverished by
(iii. p. 41). In what manner the tribunus celerum  long wars and cruelly oppressed by the patricians,
was appointed is uncertain, but notwithstanding  at last seceded in the year 494 B. C. to the Mons
the statement of Dionysius, that Tatquinius Su- Sacer, the patricians were obliged to grant to the
perbus gave this office to L. Junius Brutus, it is plebeians the right of appointing tribunes (tribuni
much more probable that he was elected by the plebis) with more efficient powers to protect their
tribes or curiae; for we find that when the im- own order than those which were possessed by the
perium  was to be conferred upon the king, the  heads of the tribes.  The purpose for which they
comitia were held under the presidency of the tri- were appointed was only to afford protection against
bunus cel rum, and in the absence of the king, to  any abuse on the part of the patrician magistrates;
whom this officer was next in rank, he convoked  and that they might be able to afford such protecthe colnitia: it was in an assembly of this kind  tion, their persons were declared sacred and inviothat Brutus proposed to deprive Tarquinius of the  lable, and it was agreed that whoever acted against
imperium. (Liv. i. 59.)  A law passed under the  this inviolability should be an outlaw, and that his
presidency of the tribunus celerum  was called a  property should be forfeited to the temple of Ceres.
lex tribunicia, to distingutish it from one passed  (Liv. ii. 33; Dionys. vi. 89.)  This decree seems
under the presidency of the king. [LEx REGIA.]  to contain evidence that the heads of the tribes in
The tribunes of the three ancient tribes ceased to  their attempts to protect members of their own
be appointed when these tribes themselves ceased  order had been subject themselves to insult and
to exist as political bodies, and when the patricians  maltreatment; and that similar things occurred even
became incorporated in the local tribes of Servius  after the sanctity of the tribunes was established by
Tullius.  [TRIBrUS (ROMAN).]                      treaty, may be inferred from the fact, that, some time:2. TRIBUNES OF THE SERVIAN TRIBES. When  after the tribuneship was instituted, heavy punishServius Tullius divided the commonalty into thirty  ments were again enacted against those, who should
local tribes, we again find that at the head of each  venture to annoy a tribune when he was making a
of these tribes there was a tribune, whom Dionysius  proposition to the assembly of the tribes. The law
calls qvmXapXos, like these of the patrician tribes. by which these punishments were enacted ordained
(Dionys. iv. 14.) He mentions them only in connec-: that no one should oppose or interrupt a tribune
tion with the city tribes, but there can be no doubt while addressing the people, and that whoever
that each of the rustic tribes was likewise headed  should act contrary to this ordinance should give
by a tribune.  The duties of these tribunes, who  bail to the tribtines for the payment of whatever
were without doubt the most distinguished per- fine they should affix to his offence in arraigning
sons in their respective districts, appear to have  him before the commonalty: if he refused to give
consisted at first in keeping a register of the in-  bail, his life and property were forfeited. (Dionys.
habitants in each district and of their property, vii. 17.)  It should however be observed that this
for purposes of taxation and for levying the troops  law belongs to a later date than that assigned to it
for the armies.  When'subsequently the Roman  by Dionysius, as has been shown by Niebuhr (ii.
people became exempted from taxes, the main patt p. 98); it was in all probability made only a short
of their business was taken from them, but they  tinme before its first application in 461 B. c. in the
still continued to exist. - Niebuhr (i. p. 421) sup — case of Caeso Quinctius. (Liv. iii. 13.)  The triposes that the tribuni aerarii, who occur down to  bunes were thus enabled to afford protection to any
the end of the republic, were only the successors of one who appealed to the assembly of the commonthe tribunes of the tribes.  Varro (de Ling. Lat. alty, or required any other assistance.  They were
vi. 86) speaks of curatores ononium, tribuum, a name  essentially the representatives and the organs of
by which he probably mears the tribunes of the  the plebeian order, and their sphere of action was
tribes.  When in the year 406. c. the custom  the comitia tributa. -With the patricians and their
of giving pay (stipendiusit) to the soldiers was in-  comitia they had nothing to do.  The tribunes
troduced, each of the tribuni aerarii had to collect themselves however were not judges and could inthe tributum in his own tribe, and with it to pay  flict no punishments (Gellius, xiii. 12), but could
the soldiers (Varro, de Ling. Lat. v. 181), and in  only propose the imposition of a fine to the corncase they did not fulfil this duty, the soldiers had  monalty (mnultamn irroare).  The tribunes were
the right of pignoris ca.pio against them.  (Cato, thus in their origin only a protecting magistracy of




1150'            TRIBUNUS.                                            TRIBUNUS.
the plebs, but -in the course of time their power have been elected by that body of the Roman citiincreased to such a degree that it surpassed that zens which they represented, yet the subject is inof all other magistrates, and the tribunes then, volved in considerable obscurity.  Cicero (Firagt.
as Niebuhr (i. p, 614) iemarks, became a ma- Cornol. 1. c.) states that they were elected by the
gistracy. for the whole Roman people ill opposition  comitia of the curies; the same is implied in the
to  the senate and the oligarchical elements in  accounts of Dionysius (I. c.) and Livy (ii. 56)', ac-.
general, although they had nothing to do with  cording to whom. the comitia of the tribes did not.
the administration or the goverlnment.   During  obtain this right till the Lex Publilia (472 B. C.;
the latter period of the republic they became true  Liv. ii. 56; Dionys. x. 41).  Niebuhr thinks (i.
tyrants, and Niebuhr justly compares their college, p. 618) that down to the Publilian law they were
isuch as it was in later times, to the national con- elected by the centuries, the classes of which they
yention of France during the first revolution. But represented in their number, and that the curies, as
potwithstanding the great and numerous abuses  Dionysius himself mentions in another place (vi.
which were made of the tribunitian power by in- 90), had nothing to do with the election except to.
dividuals,  the greatest historians and statesmen  sanction it.  The election in the comitia of the,
ponfcss that the greatness of Rome and its long  centuries however does not remove the difficulties,
dpration is in a great measure attributable to the  whence Glittling (p. 289) is inclined to think that.
institution of this office.                        the tribunes before the expiration of their office
As regards the number of the tribunes of the  appointed their successors, after a previ::us conpeople, all the ancient writers agree (see the pas- sultation with the plebeians.  The necessity of the
sages in Niebuhr, i. n. 1356), that at first they  sanction by the curies cannot be doubted, but it.
were only two, though the accounts differ as to the  appears to have ceased even some time before the
names of the first tribunes. Soonafterwards, how- Publilian law.  (Niebuhr, ii. p. 190.)  After this
ever, the number of tribunes was increased to five, time it is never heard of again, and-the election of
one being taken from each of the five classes. (As- the tribunes was left entirely to the comitia tributea,
con. in Cio. Corn. p. 56, ed. Orelli; Zonar. vii. 15.) which were convoked and held for this purpse by
When this increase took place is quite uncertain. the old tribunes previously to the expiration of their.
According to Dionysius (vi. 89) three new tribunes  office. (Liv. ii. 56, &c.; Dionys. ix. 43, 49.)  One
were added immediately after the appointment of of the old tribunes was appointed by lot to preside
the first two.   Cicero (Fs'nagi. Corsel. p. 451, at the election. (Iiv. iii. 64; Appian, (e Bell. Civ.
Orelli) states, that the year after the institution of i. 14.)  As the meeting could not be prolonged after
the tribunes their number was increased to ten; sunset, and the business was to be completed in
according to Livy (ii. 33) the first two tribunes one day, it sometimes happened that it was obliged
irnmmediately after their appointment elected them- to break. up before the election was conmpleted, and
selves thr. e new colleagues; according to Piso (ap. that those who were elected filled up the legitimate
Liv. ii. 58) there were only two tribunes down to  number of the coll:ge by cooptatio. (Liv. 1. c.) But
the time of the Publilian laws. It would b.e hope- in order to prevent this irregularity the tribune
less to attempt to ascertain what was really the  L. Trebonius in 448 B. c. got an ordinance pass-d,
case;  thus   much only is certain, that the number according to which the college of the tribunes
was not increased to ten till the year 457 B.C., should never be completed by cooptatio, but the
and that then twvo were taken from each of the  elections should be continued on the second dayc,
five classes.  (Liv. iii. 30; Dionys. x. 30.)  This if they were not. completed on the first, till the
number appears to have remained unaltered down  number ten was made up. (Liv. iii. 64, 65, v. 10;
to the end of the empire.                          comp. Niebuhr, ii. p. 383.)  The place where the
The time when the tribunes were elected was, election of the tribunes was held was originally
according to Dionysius (vi. 89), always on the 10th  and lawfully  the  Forum, afterwards  also  the
of December, although it is evident from  Cicero  Campus Ma'tius, and sometimes the area of the
(ad ASt. i. 1) that in his time at least the election  Capitol.
took place a. d. XVI. Kal. Sextil. (17th of July.)    We now proceed to trace the gradual growth of
It is almost superfluous to state that none but ple- the tribunitian power.  Although its original chabeians were eligible to the office of tribune; hence  racter was merely auxilium or 0BoOEta against pawhen towards the end of the republic patricians  trician magistrates, the plebeians appear early to
wished to obtain the office, they were obliged first have regarded their tribunes also as mediators or
to renounce their own order and to, become ple- arbitrators in matters among themselves.   This
beians [PATRICII, p. 876]; hence also. under the  statement of Lydus (de ]lIayist. i. 38, 44; Dionys.
empire it was thought that the princeps should not vii. 58) has been pointed out by Walter (Gesch. d..
be tribune because he was a patrician.  (Dion  MRssm. Reclcts, p. 85).  The whole power possessed
Cass. liii. 17, 32.)  But the influence which be- by the college of tribunes was designated by the
longed to this office was too great for the emperors nIame tribzniciae potestas, and extended at no time
not to covet it.  Hence Augustus received the tri- further than one mile beyond the gates of the city;
bunitia potestas for life.  (Suet. Astg. 27; Tacit. at a greater distance than this they came under
Annal. i. 2; compare Suet. Tiber.,9, 23, Iesp. 12, Tit. the inmperium  of the magistrates, like every other
6.) During the republic, however, the old regula-  citizen. (Liv. iii. 20; Dionys. viii. 87.)  As they
tion remained in force even after the tribunes had  were the public guardians, it was necessary that
ceased to be the protectors of the plebs alone. The  every one should have access to them and at any
only instance in which patricians were elected to  time; hence the doors of their houses were open
the tribunleship is mentioned by Livy (iii. 65), day and night for all who were in need of help and
and  this was probably the consequence  of an  protection, which they were empowered to afford
attempt to divide the- tribuneship between the  against any one, even against the highest magistwo orders.  Although nothing appears to be more  trates.. For the same reason a tribune was. lo;
natural than that the tribunes should originally  allowed to be absent from the city for a whole day,




TRIBUNUS.                                          TRIBUNUS.                   1151
except during the Feriae Latinae, when the whole  action which a magistrate might undertake during
people was assembled on the Alban Mount. (Ma- the time of his office, and this even without giving
crob. Sat. i. 3,)                                   any reason for it.  (Appian, de Bell. Civ. i. 23.)
In the year 456 B. c. the tribunes, in opposition  Thus we find a tribune preventing a consul conto the consuls, assumed the right to convoke the  voking the senate (Polyb. vi. 1 6), preventing the
senate, in order to lay before it a rogation and d;s- proposal of new laws or elections in the comitias
cuss the same (Dionys. x. 31, 32); for until that (Liv. vi. 35, vii. 17, x.- 9, xxvii. 6); and they
time the consuls alone had had the right of laying  interceded  against the official functions of the
plebiscite before the senate forapprobation.  Some  censors (Dion Cass. xxxvii. 9.; Liv. xliii. 16);
years after, 452 B. c., the tribune demanded of the  and even against a commnand issued by the praetor.
consuls to request the senate to make a senatus- (Liv. xxxviii. 60; Gell. vii. 19.)  In the same
consulturn for the appointment of persons to frame manner a tribune might place his veto upon an
a new legislation; and during the discussions on  ordinance of the senate (Polyb. vi. 16; Dion Cass.
this subject the tribunes themselves were present xli. 2); and thus either compel the senate to subin the senate.  (Dionys. x. 50, 52.)  The written  mit the subject in question to a fresh consideration,
legislation which the tribunes then wished can  or to raise the session.  (Caes. de Bell. Civ. i. 2;
only have related to their own order; but as such  Appian, de Bell. Civ. i. 29.)  In order to propose
a legislation would only have widened the breach  a measure to the senate they might themsel ves conbetweenl the two orders, they afterwards gave way  yoke a meeting (Gellius, xiv. 7), or w~hen it had
to the remonstrances of the patricians, and the new  been convoked by a consul they might make their
legislation was to embrace both orders.  (Liv. iii. proposal even in opposition to the consul.  a right
31; Zonar. vii. 18.)  From  the second decemvi- which no other magistrates had in the presence of
rate the tribuneship was suspended, but was re- the consuls.  The senate, on the other hand, had
stored after the legislation was completed, and now  itself, in certain cases, recourse to the tribunes.
assumed a different character from the change that Thus, in 431. c. it requested the tribunes to.
had taken place in the tribes. [TRIBus (RoMAN.)]  compel the consuls to appoint a dictator, in comThe tribunes now  had the right to be present at pliance with a decree of the senate, and the trithe deliberations of the senate (Liv. iii. 69, iv. 1); bunes compelled the consuls, by threatening them
but they did notsit among the senators themselves, with  imprisonment, to  appoint A. Postunmius
but upon benches before the opened doors of the  Tubertus dictator.  (Liv. iv. 26.)  From this time
senate-house.  (Val. Max. ii. 2. ~ 7; F. HIofmann, forward we meet with several instances in which
Der Rb'l. Senat, p. 109, &c.)  The iiviolability  the tribunes compelled the consuls to comply with
of the tribunes, which had before only rested upon  the decrees of the senate, si non essent i auctosritate
a contract between the two estates, was now sane- senatus, and to execute its commands.  (Liv. v. 9,
tioned and confirmed by a law  of MI. Horatius. xxviii. 45.)  In their relation to the senate a
(Liv. iii. 55.)  As the tribes now  also included  change was introduced by the Plebisoitumo Atinium,
the patricians and their clients, the tribulles might which  ordained that a tribune, by virtue of his
naturally be asked to interpose on behalf of any  office, should be a senator. (Gellius, xiv, 8; Zonar.
citizen, whether patrician or plebeian.  Hence the  vii. 15.)  When this plebiscitum  was made is unpatrician ex-decemvir, Appius Claudius, implored  certain; but we know that in 170 B. c. it was not
the protection  of the trilbnes.  (Liv. iii. 56; yet in operation;  (Liv. xlv. 1.5.)  It probably
comp, also viii. 33, 34; Niebuhr, ii. p. 374.) originated with C. Atinius, who was tribune in'Alout this time the tribunes also acquired the  B. c. 132.  (Liv. Epit. 59; Plin. H. N. vii. 45.)
right to take the auspices in the assemblies of the  But as the quaestorship, at least in later times,
tribes.  (Zonaras, vii. 19.)  They also assumed  was the office which persons held previously to
again the right which they had exercised before  the tribunleship, and as the quaestorship itself conthe time of the decenviralte, to bring patricians ferred upon a person the right of being presenlt and
who had violated the rights of the plebeians before  expressing  his opinion in the senate, the law  of
the cosuitia of the tribes, as is clear from several Atinius was in most cases superfluous.
instances.  (Liv. iii. 56, &c., iv. 44, v. 11, &c.)   In their relation to other magistrates we may
Respecting the authority which a plebiscitum pro- observe, that the right of intercessio was not conposed to the tribes by a tribune received through  fined to stopping a magistrate in his proceedings,
the lex Valeria, see PLEBISCITUM.  While the but they  might  even. command their viatores
college thus gained outwardly new strength every  [VIATOR] to seize a consul or a censor, to imday, a change took place in its internal organisa- prison him, or to throw  him  from  the Tarpeian
tion, which to some extent paralyzed its powers. rock.  (Liv. ii. 56, iv. 26, v. 9, ix. 34, Epit. 48,
Before the year 394 B. c. every thing had been  55, 59; Cic. de Leg. iii. 9, in Vatin. 9; Dion
decided in the college by a majority (Liv. ii. 43, Cass. xxxvii. 50.)  It is mentioned by Labeo and
44; Dionys. ix. 1, 2, 41, x. 31); but about this  Varro (ap. Gell. xiii. 12). that the tribunes, when
time, we do not know how, a change was intro-  they brought an accusation against any one before
duced, which made the opposition (intereessio) of the people, had the right of prehensio,  but not
one tribune sufficient to render a resolution of his the right of voeatio, that is, they might commanda
colleagues void.  (Zonar. vii. 15.)  This new re- person.to be dragged by their viatores before tho
gulation does not appear in operation till 3.9.4  comitia, but could not summon him. An attempt.to
and 393 B. c. (Liv. v. 25, 29); the old one was account for this singularity is made by Gellius
still applied in B. c. 421 and 415.  (Liv. iv. 42, (1. c.).  They might, as in earlier times, propose a
48; comp. Niebuhr, ii. p. 438.)  From their right fine to be inflicted upon the person accused before
of appearing in the senate, and of tlaking part in  the comitia, but in some cases they dropped this
its discussions, and from  their being the repre- proposal and treated the case as a capital one.
seiltatives of the whole people, they gradually  (Liv. viii. 33, xxv. 4, xxvi. 3.)  The college of
obtained  the right of intercession against any  tribunes had also the power of making edicts, as




!1352             TRIBUNUS.                                             TRIBUJS.
that mentioned by Cicero (in Verr. ii. 41; comp. iv. 9; Plin. Epist. i. 23, ix. 13; comp. Becker,
GelI. iv. 14; Liv. xxxviii. 52). In cases in which  Han zdb. des- Riim. Altertlh. vol. ii. pt. ii. p. 247, &c.)
one member of the college opposed a resolution of    4. TRIBIuNI MILITTUM  CUM CONSULARI POTEhis colleagues nothing could be done, and the  STATE.  When in 445 B. c. the tribune C. Canunmeasture was dropped; but this useful check was  leits brought forward the rogation that the consul.
renloved by the example of C  Tiberius Gracchus,  ship should not be confined to either order (Liv. iv.
in wThich a precedent was given for proposing to  1; Dionys. xi. 52), the patricians evaded the at.
the people that a tribune obstinately persisting in  tempt by a change in the constitution: the powers
his veto should be deprived of his office.  (Appian,  which had hitherto been united in the consulship
de Bell. Chi. i. 12; Plut. Tib. GraceCS. 11, 12, 15; were now divided between two new' magistrates,
Cic. de Leg. iii. 10; Dion Cass. xxxvi. 136)       viz. the Tribsuni militusn cuZ  consulari potestate and
From the time of the Hortensian law the power  the censors.  Consequently, in 444 B. c. three miof the tribunes had beer gradually rising to such a  litary tribunes, with consular power, were appointed,
height that there was no other in the state to equal and to this office the plebeians were to be equally
it, whence Velleius (ii. 2) even speaks of the im-  eligible with the patricians.  (Liv. iv. 7; Dionys.
perium of tribunes.  They had acquired the right  xi. 60j &c.)  For the years following however5
of proposing to the: comitia. tributa or the senate  the people were to be at liberty, on the proposal of
measures on nearly all the important affairs of the  the senate, to decide whether consuls were to be
state, and it would be endless to enumerate the  elected according to the old custom, or consular
cases in which their power was manifested.  Their  tribunes.  Henceforth, for many years, sometimes
proposals were indeed usually made ex auctoritate  consuls and sometimes consular tribunes were apsniatus, or had been communicated to and ap- pointed, and the number of the latter varied from
proved by it (Liv. xlii..2 ); but cases in which the  three to four, until in 405 B. c. it was increased to
people itself had a direct interest, such as a gene-  six, and as the censors were regarded as their colral legal regulation (Liv. xxi. 63, xxxiv. 1), the  leagues, we have sometimes mention of eight trigranting   of the franchise (Liv. xxxviii. 36), the  bunes.  (Liv. iv. 61, v. 1; Diodor. xv. 50; Liv.
alteration of the attributes of a magistrate (- Liv.  vi. 27; Diodor. xv. 51; Liv. vi. 30.)  At last,
xxii. 25, &c.), and others, might be brought before  however, in 367 B. C. the office of these tribunes
the people, without their having previously been  was abolished by the Licinian law, and the consulcommunisicated to the senate, though there are also  ship was restored.  The consular tribunes were
instances of the contrary.   (Liv  xxxv, 7, xxvii.  elected in the comitia of the centuries. and  un5.)   Subjects belonging  to the administration  doubtedly with less solemn auspices than the concou!d not be brought before the tribes without the  suls.  Concerning the irregularity of their number,
tribunes having previously received through the  see Niebuhr, ii. p. 325, &c., p. 389, &c.; comp.
consuls the auctoritas of the senate.  This how-  Gbttling, p. 326, &c.; Becker, Hcndb. der  Min.
ever was done very frequentiy, and hence we have  Altertls. vol. ii. pt. ii. p. 136, &c.
mention of a number of plebscita on matters of    5. TRIBUNI MILITAmRiS.   [EXERCITUS, pp.
admiuistration,  (See a list of them  in Walter,.503, 504.]
p. 132, n. 11.)  It sometimes even occurs that the    6. TRIBUNUS VOLUPTATUM, was an officer who
tribunes brought the question concerning the con-  does not occur till after the time of Diocletian,
clusion of a peace before the tribes, and then com-  and who had the superintendence of all public
pelled the senate to ratify the resolution as ex- amusements, especially of theatrical performances.
pressing the wish of the whole people. (L.iv. xxx.  (Cassiodor. Variar. vii. 10.)            [L. S.]
43, xxxiii. 25.)  Stilla in his reform  of.the con-    TRIBUS ((pxov, pAyiX).  1. GREEK. In the
stitution on the early aristocratic principles, left to  earliest times of Greek history mention is made of
the tribunes only the jus auxiliandi, but de-  people being divided into tribes and clans. Homer
prived them  of the right of making legislative or speaks of such divisions in terms which seem to irnother proposals, either to the senate or the comi-  ply that they were elements that entered into the
tie, without having previously obtained the sanc-  composition of every community.  Nestor advises
tion of the senate.  [TRIBUS  (ROMAN).]  But Aganmemnon to arrange his army tKraTa qPAa, ca&Ta
this arramgement did not last, for Pompey restored  rppjrTpas, so that each may be encouraged by the
to them their fornier rights.  (Zachariae, L. Corn. presence of its neighbours.  (It. ii. 362.)  A perSClla, cls Ordner dles Rm,. Fereistaates, ii. p. 12, son not included in any clan (-&pprTop),  was re&c. and p. 99, &c.)..             garded as a vagrant or outlaw. (II. ix. 63.) These
During the latter period of the republic, when  divisions were rather natural than  political, dethe office of quaestor.was in most cases held im- pending on family connection, and arising out of
mediately before that of tribune, the tribunes were  those times, When each head of a famlily exercised
generally elected from  among' the senators, and  a patriarchal sway over its lmembers.  The bond
this continued to be the same under the empire. was cemented by religious communion, sacrifices
(Appian. de Bell. Ci:. i. 100.)  Sometimes, how. and festivals, which all the filmily  or clansmen
ever, equites also obtained the office, and thereby  attended, and at which the chief usually presided.
became members of the senate (Suet. Aug. 10, 40), The aggregate of such communities formed a powhere they were considered of equal rank with!itical society. (Aristot. Pot. i. I. ~ 7.) In the ages
the quaestors. (Vell. Pat. ii. 111.)  Tribunes of succeeding the heroic tribes and clans continued to
the people. continued to exist down to the fifth  exist, though in the progress of civilisation they
century of our aera, though their powers became  became more extended, and assumed a territorial
naturally much-limited, especially in the reign of or political, rather than a fraternal character.  The
Nero.  (Tacit. Anznal. iii. 28.)  They continued  tribes were not in general distinctions between
however to have the right.of intercession against nobles and commons, unless the people were of
decrees of the senate, and on behalf of injured in-  different races, or unless there had been an accesdividuals.  (Tacit. Ainnal. xvi. 26, JIlist. ii. 91, sion of foreigners, who were not blended with the




TRIBiUS                                             TnRIBUS.                 1163
original inhabitants.  It is true, that in the cornm- compelled to wear sheep-skins, and called tcarenlon course of things, nobles, or privileged classes, vaicoqpdpos  (Athenaeus vi. 271); in  Epidaurus
sprang up in various countries, by reason either of they were styled CoCio7reoEs, dusty-footed, a name
wealth, or of personal merit, or of descent from the  which denoted their agricultural occupation, but
ancient kings; and that in some cases all the land  was meant as a mark of contempt.  (Miiller, Dor.
was possessed by them, as by the Gamori of Syra- iii. 4. ~ 2.)   But in general they formed a sort
cuse (IHerod. vii. 155); sometimes their property  of middler order between. the ruling people and the
was inalienable, as under our feudal law  (Arist. serf or slave.  Thus, in Argos, there was a class of
Pol. ii. 4. ~ 4); and the Bacchiadae are an in- persons called Gymnaesii or Gymnnetes, corresponding
stance of a noble family. who intermarried  only  to the Helots.  [GYMINEsII.]   So in Thessaly,
among themselves.  (Herod. v. 92.)  Still, how, in the districts not immediately occupied by the
ever, as a general rule, there  was no decided sepa- Thessalian invaders, there dwelt a population of
ration of tribe, much less of caste, between nobles. ancient Aeolians, who were not serfs, like the Peand commons of the same race.  Nor was there  inestae [PENEssAE], but only tributary subjects,
any such distinction of a. sacerldotal order.  The  who retained their personal liberty, though not adpriestly function was in early times united to that mitted to the rank of citizens.  (Thirlwall, vol. i.
of the king (Arist. Pol. iii. 9 ~ 7); iafterwards  p. 438; Schuimann, Id. p. 401.)  So also in Crete,
the priesthood of particular deities became here- there were the Dorian freemen, the 7reptioucoi or old
ditary in certain families, owing either to a sup- inhabitants, similar to the Lacedaemonians, and the
posed transmission of prophetic power, as in the  slaves. [Cosami.]  We may observe that the termn
case of the Eumolpidae, Branchidae, lamidae; or  7repilouco is sometimes used in rather a different
to accidental circumstances, as il the case of Telines  sense; as when Xenophon gives that name to the
of Gela (Herod. vii. 153); but the priests were  Thespians, wvho were not subjects of the Thebans,
not separated, as an: order, from  the rest: of the  as the Achaeans were of the Spartans.  (iell. v.
people.  (W1~achsmuth,  ell.  All. vol. i. pt. i. pp. 4. ~ 4G.)  In some of the maritime states the con7-6, 149, 1st. ed.; Schimlann, Asat. jl- pub. Gr. p. dition of the subject classes was somewhat different;
79.)  The most important distinctions of a. class- they were suffered to reside more in the town; as
like nature, between people living under-the same  in Corinth, where they were artizans, at Tarentum,
government, arose in those countriesthat-were con-  where they were fishermen.  (fWachsmuth, vol. i.
quered by the migratory hordes of Thessalians, pt. i. p. 162; Schimann, Id. pp. 80, 107.)
Boeotians, and Dorians, in the century subsequent    The ruliing people, thus remaining distinct from
to the heroic age.  The revolutions which they  the rest, were -themselves divided into tribes and
effected, though varying in difterent places accord- other sections.  Of the Dorian race there were
ing to circumstances, had: in many respects a uni- originally three tribes, traces of which- are found in
form- character.  The conquering body took pos- all the countries which they colonized. I-lencethey
session of the country, and became its lords; the  are called by  -omer AcoptEs Trpxadccs.  (Od,
original inhabitants, reduced to subjection, and  xix. 17 7,)  These tribes were the'TAXe5s, TIldci
sometimes to completve vassalage or servitude, re- cpvXot, and Av/uas'ral or AvQmES.  Tihe first demained a distinct-people or tribe firom the conquerors.  mived their name from H-llus, son of Hercules, the
The former built cities, usually at the foot of sonic  two last from Pamphylus and Dymas, who are said
citadel that had belonged to the ancient princes, to have fallen in the last expedition when the
where they resided, retaining their military dis-  Dorians took possession- of the Peloponnesus.  The
cipline and martial habits; while a rural population, Hyllean tribe was perhaps the one of highest digconsisting principally of the former natives, but nity; but at Sparta there does not appear to have
partly also of the less warlike of the invaders, and  beenl much distine-tion, for all the freemen there
partly of fresh emigrants invited or permitted by  were by thle constit-umtion of Lycurgus on a footing
them to settle, dwelt in the surrounding villages, of equality.  To tlhese three tribes others were
and received the n ame of Ieplpohuoi. The conditioni added in different places, either when thle Dorians
ofthe Laceda(eenonian.ireploacotm is spoken of unider were joinled by other foreign allies, or when some
PaeROEcr. A  sineilar class arose iil most of the  of the old inhabitanlts were admitted to the rank of
countries so colonized, as in Argos, Corintll, Elis, citizenship or equal privileges. Thus thle Cadmean
Crete, &c.  (Herod. -iii. 73   Thucyd. ii. 25;-  Aegeids are said by Herodotus to have been a
Xenoph. hell. iii. 2. ~ 23; 30; Pausan. iii. 8. ~ 3, great tribe at Sparta, descended (as he says) from
viii. 27. ~ 1; Arist. Pol ii. 6. ~ 1, v.. ~ 8.)  But Aegeus,  grandson of Theras  (TIerod. iv. 149),
their condition varied according to the lmanner inu  though others have thought they were incorporated
which the invaders effected their settlement, and  with the three Doric tribes.  (Thirlwvall, vol. i. pp.
other circumstances and events prior or subsequent 2.57, 268, 314.) At Argos, Aegina, aned Epidaurus
to that time.  Inl many places the new comer was  there was an H-yrnethian tribe besides the three
received under a treaty, or upon more equitable  Doric. (Miiller, Aegin. p. 140.)  In Sicyon Cleisterms, so that a union of citizenship would take  thenes having changed the names of the Doric
place between them  and the original inhabitants.  tribes, to degrade and insult their members, and
This was the case in Elis, Messenia, Phlius, Troe.-  given to a fourth tribe, to which he himself bezen.  (Pausan. ii. 13. ~- 1, v. 4. ~ I; Thiriwall, longed, the neame of Archelai, sixty years after his
Hist. of Greece,- ol. i. p. 342'.) So the Cretans,  death the Doric lames wvere restored, and a fourth
who invaded 3Miletus, mingled with the ancient  tribe added, called AiyrmaAsEs, from Aegialeus, son
Carians, and the: Ionians w-ith tile Cretans  and  of the Argivae hero Adrastus.  (laerod. v. 68.)
Carians of Colophon.  (Pausan. vii. 2. ~ 5, vii. 3.  Eigllt tribes are mentioned in Corinth (Suidas, s. 7v.
~ 1.) In Megara, the rulinmg class, after a lapse of rlrYira imcar. ), foer inl Tegea.  (Pausan. viii. 53.
some time, amalgamated with the lose-er.  (Thirl-  ~ 6.)  In Elis there were twelve tribes, that were
-vall, vol. i. p. 430.)  In other places the irepi'olKol afterwards reduced to eight by a war with the Arwere more degraded.  Thums, in -Sicyoll they were  cadians  (Paus. v. 9. ~ 6), friolm which  they appear
4- 




1154              TRIBUS.                                          TRIIBUS.
to have been geographical divisions. (XWachsmuth, or less ingenious, to which reference will be fc und
vol. ii. pt. i. p. 17.)  Sometimes we find mention  in the books cited below.  It is impossible within
of only one of the Doric tribes, as of the Hylleans our limits to discuss the question at any length.
in Cydonia (Hesych. s. v.'TAAres), the Dymanes  The etymology of the three last names would seem
in Halicarnassus; which probably arose from co- to suggest, that the tribes were so called from the
lonies having been founded by the members of one  occupations which their respective members foltribe only.  (Wachsmuth, vol. ii. pt. i. p. 15.)  lowed; the Hopletes being the armed men, or
Of all the Dorian people the Spartans kept warriors; the Argades, labourers or husbandmen;
themselves the longest unmixed with foreign blood. the Aegicores, goatherds or shepherds.  It is diffiSo jealous were they to maintain their exclusive  cult, however, to discover in the first name any such
privileges, that they had only admitted two men  meaning, unless Tee'ov'es, and not reAXovTrs, be
into  their body before the time of Herodotus. the true reading, in which case it has been sup(Herod. ix. 33, 35.)  Afterwards their numbers posed that this tribe might be a sacerdotal order,
were occasionally recruited by the admission of from  TEXEzV, used in its religious sense; or a
Laconians, Helots, and foreigners; but this was peasantry who paid rent to the lords of the soil,
done very sparingly, until the time of Agis and  from r'rXeNE, in the sense of to pay.  Against the
Cleomenes, who created large numbers of citizens. former of these interpretations it may be objected,
But we cannot further pursue this subject. (Schi- that no trace of a priestly order is to be found in
mann, Id. p. 114.)                               later times of Attic history; and against the latter,
The subdivision of tribes into ppa~pi;al or 7rdrpat, that the Argades and the Teleontes would denote?yiEs1, TpI'trres, &c. appears to have prevailed in  a similar class of people, unless we resort to another
various places.  (Wachsmuth, vol. ii. pt. i. p. 18.) interpretation of the word Argades, viz. artisans,
A Sparta each tribe contained ten cCali, a word, who would hardly constitute a distinct tribe in so
like cc6pat, denoting a local division or district; early a period of society.  It may be observed,
each obe contained ten TpiaKdcEs, communities con- however, that Argades and Aegicores may be taken
taining thirty families.  But very little appears to  to signify a local distribution of inhabitants, the
be known of these divisions, how far they were  former being the tillers of the ground, dwelling ill
local, or how far genealogical. After the time of the plain, the latter mountaineers; and this agrees
Cleomenes the old system  of tribes was changed; very well, not only with the known character of
new ones were created corresponding to the different the country of Attica, but also with the division
quarters of the town, and seem to have been five  above mentioned as having existed in the reign of
in number. (Schiumann, Ant. Jar. Pub. p. 115; Cranaus, viz. Mesogaea and Diacris.  There is no
Muller, Dow. iii. 5.)                            more difficulty in the one case than in the other,
The four Ionian tribes, Teleontes or Geleontes, in supposing that some of the tribes were denomilHopletes, Argadenses, Aegicorenses, who  are  nated from their localities or occupations, while
spoken of below in reference to Attica, were found  others owed their names to other circumstances.
also in Cyzicum.  In Samos a OvAXK  AixpLoYr'71 is Argades and Aegicores might be the old inhabitmentioned by Herodotus (iii. 26), which was pro- ants, according to their previous division; while the
bably a Carian race that mingled with the Ionians. other two tribes might be the  Ionic settlers,
In Ephesus five tribes are mentioned, of different Hopletes the most warlike portion of them, Geleraces. With respect to these the reader is referred  ontes the great body, so called from a son of Ion.
to Wachsmuth, vol. ii. pt. i. p. 16.             Or the last might, as Schbmann thinks, be the anThe first Attic tribes that we read of are said  cient nobility, as distinguished from  the Ionic
to have existed in the reign, or soon after the reign, settlers.  Whatever be the truth with respect to
of Cecrops, and were called Cecropis (Keicporis), the origin of these tribes, one thing is more certain,
Autochthon (Av'T-Xowv), Actaea ('Aicata), and  that, before the time of Theseus, whom historians
Paralia (fIapaxia).  In the reign of a subsequent agree in representing as the great founder of the
king, Cranaus, these  names were changed  to  Attic commonwealth, the various people who inCranais (Kpavats), Atthis ('ATO-s), 1Jfesogaea (Me- habited the country continued to be disunited and
-6ayala), and Diacris (AiamKps).  Afterwards we  split into factions.
find a new set of names; Dias (aLds), Atbenais    Theseus in some measure changed the relations
('AfrlYats), Posidonias (rIoets8wolds), and Heplaes-  of the tribes to each other, by introducing a
tias ('H)pai'rsc7ds); evidently derived from  the  gradation of ranks in each; dividing the people
deities who were worshipped in  the  country. into ErarTpfa,, red(SLopoi,and Ax7,muoipyo L, of whom
(Compare Pollux, viii. 109.)  Some  of those  the first were nobles, the second agriculturists or
secondly mentioned,. if not all of them, seem  to  yeomen, the third labourers and mechanics.  At
have been geographical divisions; and it is not the same time, in order to consolidate the national
improbable that, if not independent communities, unity, he enlarged the city of Athens, with which
they were at least connected by a very weak bond  he incorporated several smaller towns, made it the
of union.  But all these tribes were superseded by  seat of government, encouraged the nobles to reside
four others, which were probably founded soon  there, and surrendered a part of the royal prero:
after the Ionic settlement in Attica, and seem (as  gative in their favour.  The Tribes or Phylae
before observed) to have been adopted by other were divided, either in the age of Theseus or soon
Ionic colonies out of Greece. The names Geleontes after, each into three cpparrp~a (a term equivalent
(rX7fou'es), Hopleles ("OrXar7es), As-gades ('Ap- to fraternities, and analogous in its political relation?yas.es), Aegicores (AsyKcopers), are said by Hero- to the Roman Curiae), and each  ppappiea into
dotus (v. 66) to have been derived from the sons thirty?yivsr (equivalent to the Roman Gentes), the
of Ion, son of Xuthus. (Compare Eurip. Ion, 1596, members of a -ys'os being called yev7'ata or
&c.; Pollux, 1. c.)  Upon this, however, many  6xoyacChdbKes. Each'y/zos was distinguished by a
doubts have been thrown by modern writers, who  particular name of a patronymic form, which was
have suggested various theories of their own, mlore  derived from some hero or mythic ancestor.  We




TRIBUS.                                         TRIBUS.                  -11I5
learn from Pollux (viii. 111) that these divisions, sion of Attica, and named them after ten of the anthough the names seem to import family connection, cient heroes: Ereckltheis, Aegeis, Pandionis, Leontis,
were in fact artificial; which shows that some ad- Acamantis, Oeneis, Cecropis, Hippothoontis, Aean.
vance had now been made towards the establish- tis, Antiochtis. These tribes were divided each into
mnent of a closer political union.  The members of ten /14/ot, the number of which was afterwards inthe cpparpiaL and ye'vi had their respective religious creased by subdivision; but the arrangement was
rites and festivals, which were preserved long after so made, that several bi/xoi not contiguous or near
these communities had lost their political import- to one another were joined to make up a tribe.
ance, and perhaps prevented them from being alto- [DEMUS.]  The object of this arrangement was,
gether dissolved. (Compare Niebuhr, IHist. of Rome, that by the breaking of old associations a perfect
vol. i. p. 311, &c.)                             and lasting revolution might be effected, in the
The relation between the four Ionic tribes and habits and feelings, as well as the political orgathe three classes, into which Theseus divided the nization of the people. IHe allowed the ancient
nation, is a difficult and perplexing question.  It cpparptea to exist, but they were deprived of all
would appear from the statements of ancient writers political importance.  All foreigners admitted to
on the subject that eaclh of the four tribes was the citizenship were registered in a Phyle and
divided into Eupatridae, Geomori, and Demiurgi; Demus, but not in a Phratria or Genos; whence
which  is confirmed by the fact that the four Aristophanes (Rncee, 419, Aves, 765) says, as a
dpv2\oGaaroXEs, who were the assessors of the so- taunting mode of designating new  citizens, that
vereign, were all taken from the Eupatridae, but they have no phrators, or only barbarous ones
at the same time one from each tribe.  [PHYLO- (quoted by Niebuhr, vol. i. p. 312). The functions
BASILEIS.]  This, as Thirlwall (Hist. of' Greece, which had been discharged by the old tribes were
vol. ii. p. 10) has remarked, can only be conceived now mostly transferred to the Mi/uoi. Among others,
possible on the supposition, that the distinctions we may notice that of the forty-eight vavcpapiac
which originally separated the tribes had become into which the old tribes had been divided for the
merely nominal; but Malden (Hist. of Romze, p. purpose of taxation, but which now became useless,
140), who rejects the notion that the four Ionic the taxes being collected on a different system. The
tribes were castes deriving their name from their reforms of Cleisthenes were destined to be permaemployment, supposes that the Tribes or Phylae nent. They continued to be in force (with some few
consisted of the Eupatridae alone, and that the latter interruptions) until the downfal of Athenian indewvere divided into four Phylae like the patricians pendence.  The ten tribes were blended with the
at Rome into three.  The Geomori and Demiurgi whole machinery of the constitution. Of the Senate
had therefore, according to his supposition, nothing  of five hundred, fifty were chosen from each tribe.
to do with the tribes.  This view of the subject The allotment of ucKaoral was according to tribes;
would remove many difficulties and is most in ac- and the same system of election may be observed
cordance with the subsequent history and political in most of the principal offices of state, judicial and
analogies in other states, but seems hardly sup- magisterial, civil and military; as that of the 3tanported by sufficient evidence to warrant us in re-.rTorai, Aoywa'rai, 7rwhArai,'ralrlat,  rmxouromoi, cp._
ceiviing it..apXoi, p7rpaT7?'oY, &c. In B. c. 307 Demetrius
After the age of Theseus, the monarchy having  Poliorcetes increased the number of tribes to twelve
been first limited and afterwards abolished, the  by creating two new ones, namely Asdtionias and
Xwhole power of the state fell into the hands of the  Demetrias, which afterwards received the names
iEupatridae  or nobles, who held all civil offices, and  of Ptolemzais and Attalis; and a thirteenth was
had besides the management of religious affairs, and  subsequently added by Hadrian, bearing his own
the interpretation  of the laws.  Attica became name.  (Plut. Demetr. 10; Paus. i. 5. ~ 5; Pollux,
agitated by feuds, and we find the people, shortly  viii. 110.)
before the legislation of Solon, divided into three    The preceding account is only intended as a
parties, rebiataos or lowlanders, AdaKplo0l or high- brief sketch of the subject, since it is treated of
landers, and IldpaXot or people of the sea coast. under several other articles, which should be read
The two first remind us of the ancient division of in connection with this.  [CIVITAS (GREES);
tribes, Mesogaea and Diacris; and the three par- DEaMus; PHYLARCHI; PHYLOBASILEIS, &C.]
ties appear in some measure to represent the classes   (See Wachsmuth, vol. i. pt. i. pp. 224-240.e
established by Theseus: the first being the nobles, Hermann, Lelhrbueh d. Griech. Staats. ~~ 24, 93, 94,
whose property lay in the champaign and most 111, 175, 176; Schimann, Ant. jur. pub. pp. 165,
fertile part of the country; the second, the smaller 178, 200, 395; Thirlwall, vol. ii. pp. 1-14, 32,
landowners and shepherds; the third, the trading  73.)                            [C. R. K.]
and mining class, who had by this time risen in    2. ROMAN. The three ancient Romulian tribes,
wealth and importance. To appease their discords, the Ramnes, Tities, and Luceres, or the RamSolon was applied to; and thereupon framed his nenses, Titienses, and Lucerenses, to which the
celebrated constitution and code of laws.  Here patricians alone belonged, must be distinguished
we have only to notice, that he retained the four from the thirty plebeian tribes of Servius Tullius,
tribes as he found them, but abolished the existing  which were entirely local, four for the city, and
distinctions of r'ank, or at all events greatly di- twenty-six for the country around Rome.  The
minished their importance, by introducing his pro- history and organization of the three ancient tribes
perty qualification, or division of the people into  is spoken of under PATRICII.  They continued of
IleiatcooaosueurEbvoi,'Imrmre7s, Zevy?7a'm, and 07Ies. political importance almost down to the time of the
The enactments of Solon continued to be the law  decemviral legislation; but after this time they no
at Athens, though in great measure suspended by  longer occur in the history of Rome, except as an
the tyranny, until the democratic reform effected by  obsolete institution.   -
Cleisthenes. He abolished the old tribes, and cre-   The institution and organization of the thirty
ated ten new ones, according to a geographical divi- plebeian tribes, and -their subsequent reduction to
4e 2




l1SS                 TRIBUS.                                        TRIBUTUAT.
twenty by the conquests of Porsenna, are spoken  that hence the character of these assemblies was es'
of under PLEBES.   The four city tribes were  sentiallyplebeian; especially as the patricians, being
called by the same name as the regions which  so few in numbers, and each of them having no more
they occupied, viz. Suburasna, Esqzuilinac, ColTina, influence in them than a plebeian, seldom attended
and Palatinca. (Varro, Do Ling. Lat. v. 56.; Festus, the meetings of the tribes. The passages, however,
s. v. Usbaeas tribus.)  The nmnes of the sixteen  which are quoted in support of this opinion, are
country tribes which continued to belong to Rome  partly insufficient to prove the point (as Liv. ii. 56,
after the conquest of Porsenna, are in their alpha- 60; Dionys. ix. 41), and partly belong to a later
betical order as follow: Aemilia, Camilia, Cos —  period, when it certainly cannot be doubted that
elia, Fabica, Galeria, Iloratia, Lemonia, Mesnenia, the patricians belonged to the tribes.  We must
Papiria, Pollia (which Niebuhr, i. n. 977, thinks  therefore suppose, with Niebuhr, that down to the
to be the same as the Poblilia, which was insti- decemviral legislation the tribes and their assemtuted at a later time), Pcapis-ia, Pcpinlic, Romilia, blies wvere entirely plebeian.
Sergia, TetsGuia, and Voltinzia. (Compare Gbttling,    The assemblies of the tribes (comitic tributa), as
Gesch. d. Ronz. Staatsv. p. 238.)  As Rome gra- long as they were confined to the plebeians, can
dually acquired possession of more of the sur- scarcely have had any influence upon the affairs of
rounding territory the number of tribes also was the state: all they had to do was to raise the trigradually  increased.   When Appius Claudius, butum, to hold the levies for the arnsies, and to
with his numerous train of clients, emigrated to  manage their own local and religious affairs. [TRIRome, lands were assigned to them in the district BUNUS; PLEBES.] (Fest. s. vv. Jsgalrius, Pzblica
where the Anio flows into the Tiber, and a new  sacra, Sobsiown;  Varro, de Ling. Lat. vi. 24; Cic.
tribe, the tribus Claudia, was formed.  This tribe, pro Dom. 28; Macrob. Sat. i. 4. 16.)  Their
which Livy (ii. 16, if the reading is correct) calls meetings were held in the forum, and their sphere
vetus Claudia tribes, was subsequently enlarged, of action was not extended by the establishment of
and was then designated by the name Crustuinizcs  the republic.  The first great point they gained
or Clustunzina. (Niebuhr, i. n. 1236.) This namne  was through the lex Valeria, passed by Valerius
is the firstinstance of a country tribe being named  Publicola.  [LEGES VALERIAE.]  But the tinme
after a place, for the sixteen older ones all derived  from which the increase of the power of the cotheir names from persons or heroes who were in the  mitia of the tribes must be dated, is that in which
same relation to them, as the Attic heroes called  the tribuni plebis were instituted  (494  B. c.).
E7rcwvveuoi were to the Attic phylae.  In B. c. 387,  During the time of the decemviral legislation the
the number of tribes was increased to twenty-five  comitia were for a short time deprived of their
by the addition of four new ones, viz, the Stella- influence, but we have every reason to believe that
tina, T-omentina, Sabatina, and Asniensis.  (Liv. immediately after, probably by this legislation itvi. 5; Niebuhr, ii. p. 575.)  In 358 B. C. two  self, the cornitia tributa, instead of a merely plemore, the PomptinaC  and Publilia, were formed  beian, became a national assembly, inasmuch as
of Volscians.  (Liv. vii. 15.)  In B. c. 332, the henceforth patricians and freeborn clients were inCensors Q. Publilius Philo asd Sp. Postumius corporated in the tribes, and thus obtained the
increased the number of tribes to twenty-nine, by  right of taking part in their assemblies.  (Liv. iv.
the addition of the Alaecia and Sccptia. (Liv.viii. 24, v. 30, vi. 18, xxix. 37.)  This new  con17.)  In B. c. 318 the Ufenttinl  and PFlerina were  stitution of the tribes also explains the otherwise
added. (Liv. ix. 20.) In B. c. 299 two others, the  unaccountable phenomena mentioned in the article
Aniensis and Tercntiac were added by the censors TriBUNUS, that patricians sought the protection of
(Liv. x. 9), and at last, in B. C. 241, the number of the tribunes, and that on one occasion even two of
*tribes was augmented to thirty-five, by the addition  the tribunes were patricians.  From the latter fact
of the Quirina and Teline. This number was never it has been inferred, with great probability, that
afterwards increased, as none of the conquered  about that time attempts were made by the patrinations were after this incorporated with the so- cians to share the tribuneship with the plebeians.
vereign Roman state. (Liv. Epit. 19, i. 43.) When  But notwithstanding the incorporation of the patri.
the tribes, in their assemblies, tiansacted any busi- cians in the tribes, the comitia tributa remained
ness, a certain order (ordo tr'ibuunto) wrs, observed, essentially plebeian, as the same canuses, which
rin which they were called upon to give their votes. would have acted, had the patricians been incllded
The first in the order of succession was the Subu- in the tribes by Servius Tullins, were still in operana, and the last the Arniensis. (Cic. de ILeg. Ag.  ration; for the patricians were now even fewer in
ji. 29.)  Any person belonging to a tribe had in  number than two centuries before.  IHence the old
important documents to add to his own name that of name of plebisciturm, which means originally a rehis tribe, inthe ablative case. (Noaren, p. 802, b. solution of the plebes only, although in a strict
Compare Becker, Landb). des Rimn. Alterti. Vol. ii. sense of the word no longer applicable, was still
pt. i. p. 164, &c.)                               retained, as a resolution of the comitia tribute was
Whetherthelocal tribes, astlley were established  practically a resolution of the plebes, which the
by the constitution of Servius Tullius, contained  patricians, even if they had voted against it unanionly the plebeians,- or included the patricians also, mously, could not have prevented.  MIoreover
is a point on which the opinions of modern scholars owing to this, the patricians probably attended the
are divided.  Niebuhr, WA'alter, and others, think  comitia  tribute very seldom.  For a more detailed
that the patricians were excluded, as they had al- account of the comitia tribute, see CoallrTIA  TRIreedy a regular organization of their own; Wachs. BUTA.                                   [L. S.]
muth, Gerlach, Rein, Becker, and others, on the    TRIBU'TA  COMI'TIA  [CoaMlTIA.]
contrary, maintain that the patricians also were in-    TRIBUTO'RIA A'CTIO. fSErustvus, p. 1037.]
corporated in the Servian tribes; but they allow, at    TRIBU'TUMI is a tax which, as Niebuhr (Heis.
the' same time, that by far the maijority of the people  of Rome, i. p. 468) supposes, was at first paid only
in the assemblies of tie tribes wore plebeians, and  by the plebeians, simce the name itself is used by




TRIBUTUMA.                                     TRICLINIUM.-                  11571
the ancients in connection with the Servian tribes;  147), when the Roman treasury was filled with the
for Varro (dle Liaq. Lat. v. 181) says'tributumn  revenues accruing from  conquests and from  the
dictum a tribubus," and Livy (i. 43) "tribus ap-  provinces, the Roman citizens became exempted
pellatae a tributo."  But this seems to he only par-  from paying the tributum (Cic. de Off. ii. 22; Plin.
tially correct, as Livy (iv. 60) expressly states that  H.. xxxiii. 1 7), and this state of things lasted
the patres also paid the same tax.  It is indeed  down to the consulship of Hirtius and Pansa (13
true, that the patricians had little real landed pro-  a. c.; Plut. Aes7. Pauzl. 38), when the tributum
perty, and that their chief possessions belonged to  was again levied on account of the exhausted state
theager publicus, which was not accounted in the  of the aerarium.  (Comp. Cic. ad Fanm. xii. 30,
census as real property, and of which only the  Philip. ii. 37.)  After this time it was imposed
tithes had to. be paid, until at a late period an al-  according to the discretion of the emperors.
teration was attempted by the Lex Thoria. (Appian,    Respecting the  tributum  paid  by  conquered
de Bell. Civ. i.. 27.)  But there is. no reason for  countries and cities, see  VECTIGALIL.   Comp.
supposing that the patricians did not pay the tri-  Hegewisch, 7erssch  iiber die Rbm. Finanaen,  Albutum  upon  their real property, although the  tona 1304; Bosse, G readziiye des Finanzweseans
greater part of it naturally fell upon the plebeians. inm RI2. Sttaa, Braunschweig 1803.    [L. S.]
(Liv. iv. 60, v. 10.)  The impost itself varied ac-    TRICLI'NIUM, the dining-room  of a Roman
cording to the exigencies of the state,, and was  house, the position of which, relatively to the other
partly applied to cover the expenses of war, and  parts of the house, is explained in p. 428.  It was
partly those of the fortifications of the city.. (Liv.  of an oblong shape, and according to Vitruvius (vi.
vi. 32.)  The usual amount of the tax was one for  3. ~ 8) ought to be twvice as longr as it was broad.
every thousand of a man's fortune (Liv. xxiv. 15, The samle author (~. 10) describes triclinia, evixxxix. 7, 44), though in the time of, Cato it was  dently intended to be used in summer, which were
raised to three in a thousand.  The tributum, was  open towards the north, and had on each side a
not a property tax in the strict sense of the word,  window looking into a garden.  The " house of the
for the accounts respecting the plebeian debtors  Tragic Poet" at Pompeii, and also that of Actaeon,
clearly imply, that the debts were not deducted in  appear to have had summer dining-rooms opening
the valuation of a person's property, so that he had  to the viridarium.  The woodcut at p. 56'2 shows:
to pay the tribututm upon property which was not  the urrangement of the three couches (lecti, crAivat),
his own, but which he owed, and for which he had  from which the triclinium derived- its name.  They
consequently to pay the interest as well.  It was  also remain in the "'; House of Actaeon," being built
a direct tax upon objects. without any regard to  of stone.
their produce, like a land or house tax, which in-    The articles LECTUS, Tonus and PULVINAR, condeed formed the main part of it.  (Niebuhr, i. p.  tain accounts of the furniture used to adapt these
581.)  That which seems to have made it most  couches for the accubatio, i. e. for the act of reclining
oppressive, was its constant fluctuation.   It was  during the meal.  When  so prepared for an enraised according to the regions or tribes instituted  tertainment they were called trieCiinia strata (Caes.
by Servius Tullins, and by the tribunes of these  B. C. iii. 922; comp. Athen. ii. pp. 47, 48), and
tribes subsequently called tribuni aerarii (Dionys.  they were made to correspond with one another in
iv. 14, 15.) Dionysius,in another passage (iv. 19)  substance, in dimensions, and in shape.  (Varro,
states that it was inmposed upon the centuries ac-  L. L. ix. 47, ed. Miiller.)  As each guest leaned'
cording to their census, but this seems to. be a mis-  during a great part of the entertainment upon his
take, as the centuries contained a number of ju-  left elbow, so as to leave the right arml at liberty,:
niores who were yet in their fathers' power, and  and as two or-more lay on the same couch, the
consequently could not pay the tributum.  It was  head of one man was near the breast of the man
not like the other branches of the public revenue let  who lay behind him, and he was therefore said to
out to farm, but being fixed in money it was  lie in the bosom of the other. (Plin. Epist. iv. 22.)
raised by the tribunes, unless (as was the case  Among the Romans, the usual number of persons
after the custom of giving pay to the soldiers was  occupying each couch was three, so that the three
introduced), the soldiers, like  the equites, de-  couches of a trielinium  afforded accommodation for
manded it from. the persons themselves who were  a party of nine.  It was the rule of Varro (Gellius
bound to pay it.  [AEs EQUESTRE and HORDE-  xiii. 11), that the number of guests ought not to
ARIUM.]  \hen this tax was to be paid, what be less than that-of tile Graces, nor to exceed that
sum was to be raised, and what portion of every  of the Muses.  Sometimes however, as many as
thousand asses of the census, were matters upon. four lay on each of tie couches.  (Hor. Sat. i. 4.
which the senate alone had to decide.  But when.)  Among the Greeks it was usual for only
it was decreed, the people might refuse to pay it  two persons to recline  on each couch.  [COENA,
when they thought it too heavy, or unfairly dis-  p. 305, a.]
tributed, or hoped to gain some other advantageby     In such works of ancient art as represent a symthe refusal.  (Liv. v. 12.)  In later times the  posium, or drinking-party, we always observe that
senate sometimes left its regulation to the censors, the couches are elevated  above the level of the
who often fixed it very arbitrarily.  No citizen  table.  This circumstance throws some light upon
was exempt from it, but we find that thle priests,  Plutarch's mode of solving the problem respecting
augurs, and pontiffs made attempts to get rid of it,  the increase of room  for the guests as they probut this was only an abuse which did not last.  ceeded with their meal. (Symnpos. v. 6.) Each man
(Liv. xxxiii. 42.) In cases of great distress, when  in order to feed himself lay flat upon his breast or
the  tributum  was not raised according to the  nearly so, and stretched out his hand towards the
census, but to supply the momeitary wants of  table; but afterwards, when his hunger was satisthe republic, it was designated by  the name of fled, he turned upon Iis left side, leaning on his
Tribstun Tenserariunm. (Fest. s. v. Tl-ibutoruz n col-  elbow.  To this Horace alludes in describing a
atlionem.). After the war with Blacedonsia (B. c. person sated with a particular dish, and turaing




11568           TRICLINIUM.                                   TRIERARCHIA.
in order to repose upon his elbow.  (Sat. ii. 4.    It is possible that Maecenas ought to be in tho
s9.)                                             place No. 4 instead of No 5, since the entertainWe find the relative positions of two persons ment was given more especially in honour of him,
who lay next to one another, commonly expressed  and No. 4 was an honourable place. The host
by the prepositions seuper or supra and infra.  A   himself, Nasidienus, occupies the place No. 8,
passage of Livy (xxxix. 43), in which he relates  which was usually taken by the master of the feast,
the cruel conduct of the consul L. Quintius Flami-  and was a convenient situation for giving directions
ninus, shows that infra aliquenz cubare was the  and  superintending the entertainment.  Unless
same as in'sine  alicujus cubare, and consequently  there be an exception in the instance of No. 4, it is
that each person was considered as below him to  to be observed that at each table the most honourwhose breast his own head approached.  On this  able was the middle place. (Virg. Aen. i. 698.)
principle we are enabled to explain the denomina-    The general superintendence of the dining-room
tions both of the three couches, and of the three  in a great house was intrusted to a slave called 1triplaces on each couch.                            cliniarlcha, who, through the instrumentality of other
lectus medius                  slaves of inferior rank, took care that every thing
was kept and proceeded in proper order. [J. Y.]
TRIDENS.  [FUSCINA.]
Eg~.   gTRIENS.  [As.]
TRIERAIRCHIA  ('rpnLpapXLa).   This was
6;.  -.  one of the extraordinary war services or liturgies
smms   6  5   4    imus                  [LEITURGIA] at Athens, the object of which was.                     medins7  3  a     to provide for the equipment and maintenance of
medi'                   the ships of war belonging to the state.  The perins   9           1 summus    5        sons who were charged with it were called TplipapXo0, or Trierarchs, as being the captains of TriSupposing the annexed arrangement to represent remes, though the name was also applied to persons
the plan of a Triclinium, it is evident that, as each  who  bore the same charge in other vessels.  It exguest reclined on his left side, the countenances of isted from very early times in connection with the
all when in this position were directed, first, from  forty-eight nancraries of Solon,  and the fifty of
No i towards No 3, then from No. 4 towards No. Cleisthenes: each of which corporations appears
6, and lastly, from  No 7     towards No 9  that the  to have been obliged to equip and man a vessel.
guest No. 1 lay, in the sense explained, above No. (Comp.NAJCRARIA: Lex RBet. p. 283.) Under
the constitution of Cleisthenes the ten tribes were
2, No. 3 below No. 2, and so of the rest; and that,                                         This
going in the same direction, the couch to the right at first severlly chared with five vessels.  This
hand was above the others, and the couch to the  charge was of course superseded by the later
left hand below the others. Accordingly the fol. forms of the Trierarchy, explained in the course of
lowing fragment of Sallust (ap. Serv. in Virg. therars arweticlre liable.
Aen. i. 698) contains the denominations of the
couches as shown on the plan:  " Igitur discu-  What these were previously to 358 B. c. there can
buere: Sertorius (i. e. No. 6) inferior in medio,be no doubt; the vessel was furnished by the state,
super eum L. Fabius Hispaniensis senator x pro-  though sometimes a wealthy and patriotic indivi-,
scriptis ( e o. 5): in summo anton'is  (Lao ) et dual served in his own ship.  Cleinias, for instance,
cinfra criba Serto.:  Versu Aius ( (No. 1)2):  e t alter  r did so at Artemisium (Herod. viii. 17), but as it is
infra scriba Sertorii Versius (No. 2): et alter scriba Maecenas (No. 8) in imo, medius inter Tarqui-  particularly recorded that this ship was his own,
nium  (Nro. 7) et dominum  Perpernam  (NIo. 9)."  we may infer, that he supplied at his own cost
On the same principle, No. 1 was the highest place  what the state was bound to provide.  The same
(Locus sumnzmus) on the highest couch; No. 3 was        prevailed during the Peloponnesin  war
Locus imus in lecto summo; No. 2 Locus medius  also. The 100 ships prepared and reserved at the
in lecto summo; and so on.  It will be found that beginning of the war, for any critical emergency
in the following passage (Hor. Sat. ii. 8. 20-23)  were supplied by the state. (Thucyd. ii. 24.) In
the guests are enumerated in the order of their ac- the expedition against Sicily (Id. vi. 31) the state
cubation-an order exhibited in the annexed dia- furnished the hull of the vessel (cavv Kcviv), and
gr~al.                                           the pay of the crews, a drachma per day for each
m  m  a                      man: but the equipment of the ships was at the
e.                          cost of the Trierarchs, who also  gave  l7rupopai
h~   ~ _~                (Pollux, iii. 94), or additional pay to secure the
n C<                      best men. The same conclusions are also deduciFe  n                     ble from the credit which a Trierarch takes to himNomentanus                  Variis          self for saving his vessel, when the city lost her
Viscus     ships at Aegospotami (Isocr. c. Callim. 382):
Nasidienus     Mensa.          cs          and friom  the  further statement that he paid
Porcius                 Fundanisis       the sailors out of his own pocket.  From  the
threat of Cleon (Aristoph. Equit. 916) that lihe
would (as.2TpaTq7y/'s) make an adversary a TrierFundanius, one of the guests, who was at the top  arch, and give him  an old ship with a rotten
relativelv to all the others, sayrs,arch, and give him  an old ship with a rotten
relatively to all the others, says,              mast (hrn-ezv  earps'), it appears that the state
"Summus ego, et prope me Viscus Thurinus, et furnished the hull and mast also, but that the Trierinfra,                                      arch was bound to keep and return them  in good
Si memini, Varius: cum Servilio Balatrone      repair: an obligation expressed in the inscriptions
Vibidius, quos Maecenas adduxerat umbras.      quoted by Bdckh (Urkunden iiber das Seewesen dej
Nomentanus erat super ipsum, Porcius infra."    Attisclzen Staates, p. 197), by the phrase, Ge? riv




TRIERARTCIIIA.                                 TRIERARCIIIA.                  1 l59
crav  (cLpoY V  Ical e'VreAh  7rapaaoiiat.  Conse-  state derived an advantage.  Sometimes, on the
quently the statement in the oration against Mi-  other hand, the state suffered, by the Trierarcha
dias (p. 564. 22) that when Demosthenes was quite  performing their duties at the least possible exyoung (B. c. 364) the Trierarchs paid all the ex- pense, or letting out their Trierarchy (tg0laO-craL
penses themselves (a- dvahcAw'aara EK frv i8[cov) r'7v AerTouptyiav) to the contractor who offered thee
only implies that they defrayed the expenses which  lowest tender.  (Dem. de Coron. Trieror. 1230.)
were customary at that time, and which were after-  One consequence of this was, that the duties were
wards diminished by the  regulation of the sym-  inadequately performed; but there was a greater
moriae; but not that they supplied the ship, or evil connected with it, namely, that the contractors
pay and provisions for the crew.  The whole ex-  repaid themselves by privateering on their own
penditure, says Biickh, means nothing more than  account, which led to reprisals and letters of marque
the equipment of the vessel, the keeping it in repair, being granted against the state.  (SYLAE: Dem.
and the procuring the crew which was attended  Id. 1231.)  It seems strange that the Athenians
with much trouble and expense, as the Trierarchs  tolerated this, especially as they were sometimes
were sometimes obliged to give bounties in order to  inconsistent enough to punish the Trierarchs who
induce persons to serve, foreign sailors not being  had let out their Trierarchy, considering it as a
admissible.   From  the oration of Demosthenes  desertion of post (XerleoTeLov, Id. 1230).
against Polycles (B. c. 361), we learn the following    We may here observe, that the expression in
particulars about the Trierarchy  of that time. Isaeus (de Apoll. Hered. 67), that a Trierarch
The Trierarchs were obliged to launch their ship;'" had his ship made himself" (riv va6v 7ronqaecusethe sailors were supplied from  particular parishes  voy), does not mean that he was at the cost of
(8q/uot), through the agency of the demarchi; but building it (vau7rq1yaicevos), but only of fitting
those supplied to Apollodorus the client of Demos-  it up and getting it ready for sea.  That the ships
thenes were but few  and inefficient, consequently  always belonged to the state, is further evident
he mortgaged his estate (v7roOeivaL T7rv oielaav), from the fact that the senate was intrusted with
and hired the best men he could get, giving great  the inspection of the ship-building (Dem. c. Androlt.
bounties and premiums  (urpoederes).   He  also  599. 13); and is placed beyond all doubt by the
equipped the vessel with his own tackle and furni-  " Athenian  Navy List" of the inscriptions in
ture, taking nothing from the public stores (ec Tcv  Brickh. ( Urkunden, &c.)  Some of the ships there
r1%oetwv ov3'v eAagov.  Compare the Speech on  mentioned are called cive7rucA4pCe'T0t, whence it apthe Crown of the Trierarchy, p. 1229).  Moreover  pears that the public vessels were assigned by lot
in consequence of his sailors deserting when he  to the respective Trierarchs.  A  r7pp-vr  Tr3oaelwas out at sea, he was put to additional and heavy  tose was a ship presented to the state as a free gift,
expenses in hiring men at different ports.  The just as rpltp'i 6IrloE0vat means to present the state
provision money for the sailors (eiiTpC-o v) was  with a trireme (Dem. c. Mid. 566, 568).  The
provided by the state, and paid by the strategi,  duration of a Trierarchy was a year, and if any
and so generally speaking was the pay for the  Trierarch served longer than his legal time, he
marines (e7ritdcar): but Demosthenes' client only  could charge the extra expenses (ra 6nrlrpliVpdpreceived it for two months, and as he served for XIua) to his successor. To recover these expenses
five months more than his time, (from the delay of an action  (Je7rTpnlpapxl uaroes  RAcqK) might be
his successor elect,) he was obliged to advance it brought against the successor, of which we have
himself for fifteen months, with but an uncertain  an example in the speech of Apollodorus against
prospect of repayment.  Other circumstances are  Polycles, composed by 1Demosthenes for the former.
mentioned which made his Trierarchy very expen- -  II. On the eipenses of the Trierarchy.  These
sive, and the whole speech is worth reading,-fas  would of course depend upon circumstances; but
showing the unfairness and hardship to which-a rich  except in extraordinary cases, they were not more
man was sometimes subjected as a Trierarch.  The  than6  1 —ffor less than 40 minae: the average was
observation that he took no furniture from the public  about 50. Thus about the year B. C. 360, a whole
stores, proves that at that time (n. c. 361), the  Trierarchy was let out for 40 minae; in later
triremes were fitted out and equipped from  the  times thei general amount of a contract was 60.
public stores, and consequently by the state; but (Dem. c. Mid. 539, 564. 20, de Coron. 260, 262.)
as we learn from other passages in Demosthenes,    III. On ithe difreent forms of the Trierarchiy.
and the inscriptions in Bdckh (Urkunden, No. iii.), In ancient times one person bore the whole charge,
the Trierarchs were obliged to return in good con- afterwards it was customary for two persons to
dition any articles which they took; in default of share it, who were then called Syntrierarchs (crvvdoing so they were considered debtors to the state. Tpr1ipapxoi).  When this practice was first introThat the ship's furniture was either wholly or in  duced is not known, but Bickh conjectures that it
part supplied by the state, also appears from  an-  was about the year 412 a. c., after the defeat of
other speech (c. Euerg. et Mnesib. 1146): but the Athenians in Sicily, when the union of two
Trierarchs did not always avail themselves of their  persons for the Choregia was first permitted.  The
privilege in this respect, that they might have no  most ancient account of a syntrierarchy is later
trouble in settling with the state.  It is evident than 410 (Lys. c. Dioqit. 907, 909), and we meet
then, that at the time referred to (about B.C. 360), with one so late as B. c. 358, the year of the Athethile only expenses binding upon the Trierarchs were  nian expedition into Euboea. (Dem. c. Mid. 566.
those of keeping in repair the ship and the ship's  24.)  The syntrierarchy to which we allude was
furniture; but even these might be very consider-  indeed a voluntary service (cer-8ots), but there
able, especially if the ship were old, or exposed to  can be little doubt that it was suggested by the
hard service and rough weather.  Moreover, some  ordinary practice of that time; and even under the
Trierarchs, whether from  ambitious or patriotic  next form  of the service, two Trierarchs were
motives, put themselves to unnecessary expense in  sometimes employed for the immediate direction of
fitting out and rigging their ships, from which the  the Trierarchy.  The syntrierarchy, however, did
4R 4




160           TRIERARCITJA.                                    TRIERARCHIIA.
not entirely supersede the older and single form, dorivsa Kial Turenra hal oXoLvZa, and other things),
being only meant as a relief in case of emergency, and some stringent enactments were made to com-when there was not a sufficient number of wealthy  pel the Trierarchs to deliver it up according to the
citizens to bear the expense singly.  Numerous  inventory taken of it ('ro  Ldypals/a r7wv  -Kxeucv),
instances in fact occur of single Trierarchies, be- either at Athens or to their successors sent out by
tween 410 and 358 B. c., and in two passagges of the symmoriae.  This conclusion, that the vessel
Isaeus (de Dicoleog. Her. 54, de A4,poll. 67), refer-  was equipped by the state, is confirmed by Dering to this period, the single and double Trierar-  mostbenes (de Symmenor. 183. 17), and in the orachy are mentioned as cotemporaneous.   Apollo-  tion against Midias (I. c.) he says, referring to the
dorus also was sole Trierarch (Dem. c. Polycl.) so  systel of th  symmoriae, that the state provided
late as B. C. 361.  In the case of a syntrier.archy  the.crews, and the furniture. The only duty then
the two Trierarchs commanded their vessel in-turn,  of the Trierarchs under this system  was to keep
six months each  (Id. 1219), according as they  their vessels in the sameyrepair and order as they
a-greed between themselves.                         received them.  But even from this they managed
The third form of the Trierarchy was connected  to escape: for the wealthiest members, who had to
with, or suggested by, the syntrierarchy.  Inl B. c. serve for their synteleia let out their Trierarchies
358, the Athenians were unable to procure a suffi-  for a talent, and received that amount from  their
cient number of leoglly appointed Trierarchs, and  partners (ove'-res), so that in reality they paid
accordingly they summoned the volunteers.  This, next to nothing, or, at any rate, not what they
however, was but a temporary expedient; and as  ought to have done, considering that the Trierarchy
the actual system was not adeq.cate to the public  was a ground of exemption from other liturgies. It
wrants, they determined to manage the Trierarchy  does not appear from the orators how the different
somewhat in the same way as the property taxes  synteleiae appointed the Trierarchs who were to
[EIsPHORA], namely, by classes or symmoriae, take charge of their vessels; but it was probably
according to the law of Periander passed, as Bockh  left to themselves without being regulated by any
shows, in the year 358, and which was the pri-  legal enactment.  The evils and irregularities of
mary and original enactment on the subject. WVith  the  symmoriae are thus  (rhetorically perhaps)
this view  1200.o-.vVTEre7s, or partners (Dem. c. described.by Demosthenes,: "I saw  your navy
l1iid. 564) were appointed, who were probably the  going to ruin, and the rich escaping with little
wealthiest individuals ofthe.state, according to the  cost, and persons of moderate income losing their
census or valuation.  Theseswere divided into 20  propertyS, and the city losing the opportunities of
vcru/opalz, or classes; out of whlich a numnber of action, and the triremes not being equipped  in
persons (andarTa) joined for the equipment or ran-  sufficient time to meet an emecgency, and therefore
ther the maintenance and management of a ship,  I proposed a law, &c."  The changes he meant to
under the title of a aYrlXTseoa (Harpocr. s. tv.) or  effect by.it are related in his oration concerning
union,  Sometimes, perhaps, by special enactment,  the symmoraoiae (.;c.. 354), and are as follow: he
when a great number of ships was required, a  proposed to add 80.0, to the 1200 c~urvrTehs, making
synteleia of this kind consisted of four or five  the whole 2000, so that, subtracting all those who
wealthy individuals, whvo bore jointly  the ex- could claim  exemption as minors, orphans, &c.,
penses of one trireme (Harpocr. s. v. vuJ-Lopfa); there might always remain,1200 persons (eeacra)
but generally to every ship there was assigned a  to serve.  These were to be divided into 20 symsynteleia of fifteen per.sons of different degrees of moriae of 60 each, as under the old system: each
wealth, as we may suppose, so. that four only were  of these was to be subdivided into five divisions of
provided for by each syvmmoioa,.of-sixty.persolls.    12 persons each, one-half rich and the other poor
These synteleiae of fifteen.p.erson!s each seem to  (d'vrava-Vrmpcwv), so as to form  altogether 100
have been also called symmorjae,by Iyperides.  smaller symmoriae.  The mnumber of triremes, ac(Harpocr. s. v.; compare Dem. deoSymnslzor. 183.)  cording to this scheme, was to be' 300, classed ine
It appears, however, that before' Demostllenes  20 divisions of 15 ships: each of these divisions
carried a new law  onl this subject (13. c. 340), it  was to be assigned to one of the 20 larger symhad been customary for sixteen persons to unite in  mnoriae, so that each of the smaller would receive
a synrteleia or company fo' a( ship (Dem. pros    3  and in case of 300 ships being required, four
Coo. 261), who bore the h.urdenl in equal shares. Trierarchs would be appointed to each.  MoreThis being the case it follows, either that the  over, each of theegreater symmoriae was to receive
members of the symmoriae hadc been by that time  the same amonelt of the public stores for equipraised from 1200 to 1280, or that some alterations  ment, ill order that they might apportion it to the
had taken place in their internal arrangements, of smallerclasses. With a view to levying the crews,
which no account has come down to us.  (B6ckh, and for other purposes, the generals were to divide
Urkeeden, &c. p. 181.) From the phrase ee TrwvO'  the dockyards into ten parts for 30 ships' stations
Tos. AOhXoes  OurseeiCov, used in the icarhoyos (de  (Pem'ro-owuc);adjacent to each other; and to assign
Coe. 261), it would also seem that the word Ah6Xo  each.of these parts to a tribe, or two large synmwas used of civil as well as military divisions, and, moriae of 30 ships.  These ten parts were to be
in this instance, of the symmoriae.  The superin.-  subdivided into thirds, each of which was to be
tendence of the whole system was in the hands of assigned to a third part (rPL-r'rUs) of the tribe to
the 300 wealthiest members, who were therefore  whom  the whole was allotted, so that each third
called the " leaders of the symmoriae " (7jey6dvss  would receive ten ships.  Wrhether this scheme
TWO eOvejuoperv), on whom the burdens of the trier-  was put into practice does not appear, but it seems
archy chiefly fell, or rather ought to have fallen.  that it was not, for the mismanagement of the Trier(Dem. pro Cor. 329, c. Euerg. et M[rnesib. 1145.)  archy appears to have continued till Demosthenes
The services performed by individuals under this  carried his law about thee "Trierarchy according to
system appear to have been the same as before:  the Valuation."  One of the chief evils connected
the state still provided the ship's tackle (i. c. the  with it was, that the triremes were never equipped




TRIERARCHIA.                                      TRIERARCHIA.                  t1161
in time; and as Demosthenes (Phil. 50) complains  the former symmoriae.  The year of passing this
of this, in B. C. 352, we may conclude that his  law BIckh fixes at B. C. 340 or 339. How long it
proposal fell to the ground.  But these evils were  remained in force is uncertain.  In the speech for
too serious to remain without a remedy; and  the crown (B. C. 330), where much is said on the
therefore when the orator was the er.r'fT7rie roO  subject of the Trierarchy, it is neither mentioned
vaUrLcov or the superintendent of the Athenian  that the law  was in existence, nor that it was
navy, he brought forward and carried a law  for repealed; but Demosthenes (p. 329) says that
altering and improving the system  of the symmo-  Aescchines had been bribed by the leaders of the
riae and companies, the members of which no  syvmmoriae to nullify it.
longer called themselves Trierarchs, but partners    It appears then that the Trierarchy, though the
(UlsVTEAhe?) (Id. de Co?. 260), thereby introducing  most expensive of the liturgies, was not of necesthe "Foourllftbsrsi of the Trierarchy." The provisions  sity oppressive, if fairly and economically managed,
of the law were as follovw.  The naval services re-  though this, as has been before observed, was not
quired from  every citizen were to depend upon  always the case.  (Demosth. c. Polyc.)
and be proportional to his property, or rather to    With respect to the amount of property which
his taxable capital (r s.trita, see EIsPHORa.), as rendered a man liable to serve a Trierarchy or synregistered for the synlmoriae of the property taxes, trierarchy, Bhckh observes, " I am  aware of no
the rate being one trireme for every ten talents of instance of liability arising from a property of less
taxable capital, up to three trirenmes and one auxi- value than 500 mises, and as an estate of one or
liary vessel (V7rr7peorv) for the largest properties; two talents never obliged the possessor to the peri. c. no person, however rich, could be required  formance of any liturgy (Dem. c. Apehob. p. 833),
to furnish more.  Those who had not ten talents  the assertion of Isaeus (lde Dicaeog. Hered. p. 54)
in taxable capital were to club together in synte- that many had served the office of Trierarch whose
leiae till they had made up that amount; and if property was not more than 80 Isinae, obliges us
the valuation of the year of Nausinicus (B. c. 379)  (if true) to suppose that public-spirited individuals
was still in force, the taxable capital (for the high- were sometimes found to contribute to a Trierarchy
est class) was one-fifth of the whole.  By this law  (rather perhaps to a syntrierarchy) out of a very
great changes were effected.  All persons paying  small property."
taxes were rated in proportion to their property,    The disadvantages which in  liter times resulted
so that the poor were benefitted by it, and the  from the Trierarchs not being ready for sea by the
state likewise: for, as Demosthenes (de Cor. 261)  time for sailing, were in early times prevented by
says, those who had formerly contributed one- their appointments being made beforehand; as wmas
sixteenth to the Trierarchy of one ship were now  tihe case with the Trierarchs appointed to the 1.00
Trierarchs of two, in which case they Inust either ships which were reserved at the beginlilng of the
have served by proxy, or done duty in successive  Peloponnesian war against anl attack upon Athens
years. He adds that the consequences were highly  by sea.
beneficial. During the whole war, carried on after    The appointment to serve under the first and
the law was in force, no Trierarch implored the aid  secod forms of the Triera.rchy was made by the
of the people (icKEsrmpav edOnce), or took refuge in  strategi (Demosth. c. Lacer. 940. 16), and in case
a temple, or was put into prison by the persons  any person was appointed to serve a Trierarchy,
whose duty it was to dispatch the fleet (of adro'sro-  and thought that any one else (not called upoll)
A.ts), nor was any trireme lost at sea, or lying  was better able to bear it than himself, he offered
idle in the docks for want of stores and tackle, as the latter an exchange of his property [ANTIDOSIS]
under the old system, when the service (ro Ahe- subject to the burden of the Trierarchy.
Tovp'yev) fell oni the poor. The duties and services    In cases of extreme hardship, persons became
to which the Trierarchs were subject under the  suppliants to the people, or fled to the altar of
new  law  were probably the same as under the Artemis at Munychlia.  If not ready in time, they
third form of the Trierarchy, the symmoriase.       were sometimes liable to imprisonment (PoXos 86eoOn the relation which, in this system, the cost -t,  Dem. de Cob. 262. 15). Thus on one occasion
of a Trierarchy bore to the property of a Trierarch  (Demn. de Cor. Triers. 1229. 6), the Trierarchs were
Bickh makes the following remarlks, which may  by a special decree subjected to imprisonment, if
be verified by a reference to EtsP'HORA.  " If we they were not off the pier (Xqya) by the end of
reckon that, as formerly, it cost about a talent, the the month; on the contrary, whoever got his ship
total expense of the Trierarchs, for 100, 200, or 300  ready first, was to be rewarded with the c' crown
triremes amounted to an equal number of talents, of the Trierarchy;" so that in this way consior a sixtieth, a thirtieth, and a twentieth of the  derable emulation and competition were produced.
valuation of Attica: i. ce. for the first class one-third, MS[oreover, the Trierarchs were  rsevuvosl, or liable
two-thlirds, and one per cent. of their property:  to be called to account for their expenditure;
for the poorer a proportionally less amount: and of though they applied their own property to the
the annulal incomes, taken as a tenth part of the  service of the state.  (Dem. c. Polyc. 1222. 11 
property, 3~, 64, and 10 per cent. for the most Aeschin. c. Ctesiph. 56.)   But they also received
wealthy. But we may reckon that Athens at that money out of the treasury for various disbursetime had not more than ]00 or 200 triremes at mnents, as the pay of the soldiers and sailors, and
sea, very seldom 300; so that this war-tax did not. the extra hands (ihr-Olpe-ia): thus, on one occasion,
for the richest class amount on an average to more  each Trierarch is stated to have received 30 minae,
than one-third, and two-thirds per cent. of their es s   isdrrAouv. (Dem. de Cor. Trier. 1231. 14.) The
property."                                          Triersrchs may also have been considered VssrE01This arrangement of Demosthenes was calculated  vor; from  being required to show that they had
for 300 trireines, for which number 300 persons performed their duties properly.  The Sacred Triserving in person would be necessary; so that the  remes, the Paralus and the Salamis, had special
chief burdens must have fallen upon the leaders of treasu;ers [TA.lmAs] appointed to them  (Polluxt,




i162             TRIERARCHIA.                                         TRIPOS.
viii. 116); and, on the authority of Ulpian (ad  to rebuild them, at a cost for an ordinary trireme of
Demn. c. Mlid. 686), it has been believed that the  5000 drachmae. Supposing that they were not restate acted as Trierarch for each of them; but in  leased from  this liability by any decree of La court
the inscriptions quoted by Biickh (Urikunden, &c., of justice, and that the rebuilding was not comp.; 169), no difference is made between the Trier- pleted, he conceives that it must have been comarchs of the Paralus and other vessels, and there- petent (in a clear and flagrant case) for the senate
fore it would seem that the state appointed Trier- to have inflicted upon them the penalty of twice
archs for them  as well as for other vessels, and  5000 drachmae, the technical phrase for which was
provided out of the public funds for those expenses " doubling the trireme." (Urkzunden, &c. p. 228.)
only which were peculiar to them.                    The phrase,uoAooyiXossp T'pL 7pl KaIV ca7ro&ooEie,
IV. On. the exemptions fr'omn the Triera'chy. -   which occurs in inscriptions, does not apply to an
By an ancient law, in force B. C. 355 (Dem. c. undertaking for giving a new trireme, but merely
lept.), no person (but minors or females) could  for putting one in a complete state of repair.
claim exemption from the Trierarchy, who were of    The phrase paiVEP trAseoor, (Dem. c. Lacr. 941),
sufficient wealth to perform  it, not even the de- to lay an information against a vessel, is used not
scendants of Harmodius and Aristogiton.   But of a public ship, but of a private vessel, engagedfrom  Isaeus (De Apoll. Hered. 67) it appears perhaps in smuggling or privateering. (Bickh, Publ.
that in the time of the single Trierarchy no person  Econ. of Athlns, pp. 541-576, 2d ed.)  [R. W.],
could be compelled to serve a second time within    TRIEROPOII  (rprnpoTroto).   [NAvES, p.
two years after a former service (38o E'r? &laAx7r(cav). 785, a.]
The nine archons also were exempt, and the Trier-    TRIGON.  [PILA.]
archy was a ground of exemption from the other    TRILIX.  [TELA, p. 1102, b.]
liturgies, any of which, indeed, gave an exemption    TRINUINDINUM.  [NUNDINAE.]
from all the rest during the year next following    TRIO'BOLON.  [DICASTES, p. 402, b.]
that of its service. (Dem. c. Lept. 459, 464.)       TRIO'BOLUS.  LDRACHMA.]
But all property was not subject to the service,    TRIPLICA'TIO.  [ACTIO, p. 12, a.]
as we learn from  Demosthenes (De Symm. 182.    TRIPOS (v'perous), a tripod, i. e. any utensil
14), who tells us that a person was exempt, if or article of furniture supported upon three feet.
adSuvCaTos, or unable to serve from  poverty; so  More especially
also were "wards, heiresses, orphans, cleruchi, and    I. A three-legged table.  [MENSA.]  The first
corporate bodies." Of course an heiress could only  woodcut, at p. 308, shows such a table in use.
claim exemption while unmarried.   Wards also  Its three supports are richly and tastefully ornawere free from all liturgies, during their minority, Imented.  Various single legs (trapezophzora, Cic.
and for a year after their otcLxaaia. (Lysias, c. ad Fars. vii. 23), wrought in the same style out
Diogit. 908.)  By Kshcpo6Xol, are meant colonists, of white marble, red porphyry, or other valuable
who, while absent by the command of the state, materials, and consisting of a lion's-head or some
could not perform a Trierarchy. The Ta' KoLVWVCtd similar object at the top, and a foot of the same
admits of a doubt, but it probably means the pro- animal at the bottom, united by intervening foliage,
perty of joint tenants, as brothers or coheirs, which  are preserved in the British  Museum  (Combe,
had not yet been apportioned to them  (Pollux, Ancient Slanrbles, i. 3, i. 13, iii. 38) and in other
viii. 184),- or it may refer to monies invested in  collections of antiquities.  The tripod used at enpartnership. Moreover, though the proper duration  tertainments to hold the CRATER had short feet,
of a Trierarchy was a year, it was legally dissolved  so that it was not much elevated.  These tables
if the general furnished no pay to the soldiers, were probably sometimes made to move upon
or if the ship put into the Peiraeeus, it being then  castors.  (Hom. II. xviii. 375).
impossible to keep the sailors together. (Dem, c.   II. A  pot or caldron, used for boiling meat,
Pblyc. 1209.)                                      and either raised upon a three-legged  stand of
V. On the legal proceedings connected with the bronze, as is represented in the woodcut, p. 827,
Tierarchy.-These were either between individual or made with its three feet in the same piece.
Trierarchs, or between Trierarchs and the state, Such a utensil was of great value, and was someand therefore in the form of a DIADICASIA. They  times offered as a prize in the public games (xxiii,
generally arose in consequence of a Trierarch not 264, 702, 703).
delivering up his ship and her rigging in proper    III. A bronze altar, not differing probably inl
order, either to his successor or to the state. If he its original form from the tall tripod caldron already
alleged that the loss or damage of either happened  described.  In this form, but with additional orfrom a storm, he was said KrlaCdTrOsal KaT' XELAWYta nament, we see it in the annexed woodcut, which
a7rohwoAveal, and if his plea were substantiated, represents a tripod found at Frejus.  (Spon, Misc.
83oEV 1v y rp  LKaCrTpLqT K. T. A. Vessels or furni- Erud. Ant. p. 118.)  That this was intended to be
ture on which a trial of this kind had been held, used in sacrifice may be inferred from  the bull'swere said to be 8iaSs5caer-E'va.                   head with a fillet tied round the horns, which we
The presidency of the courts which tried matters see at the top of each leg.
of this sort was vested in the strategi, and some-    All the most ancient representations of the
times in the  superintendents of the dockyard, sacrificial tripod exhibit it of the same general
in conjunction with the arorohotr'oes.  The senate  shape, together with three rings at the top to serve
also appears to have had a judicial power in these  as handles (oe'a, Hom. II. xviii. 378).  Since it
matters: e.g. we meet in various inscriptions with  has this form on all the coins and other ancient
the phrase odet  rcin,'rpTpeipXeosv, clsv Eo'rXwoev 7 remains, which have any reference to the Delphic
fBovhi)')Vy Qptqp77.  Bdickh conjectures that the  oracle, it has been with sufficient reason concluded
Trierarchs of whom this is said had returned their that the tripod, from which the Pythian priestess
ships in such a condition, that the state might have  gave responses, was of this kind.  The rightcalled upon them to put thernin thorough repair, or hand figure  in the woodcut is copied from  one'




TRIPOS.                                   TRIUMPHUS.                    1 G63
published by K. O. Miiller (BiJttiger's Amnaitlten, after the battle of Plataeae.  It consisted of a
i. p. 119), founded upon numerous ancient an-  golden bowl, supported by a three-headed bronze
serpent. (Herod. ix. 81; Thucyd. i. 132; Schol.
in loc.; Paus. x. 13. ~ 5; Gyllius, Top. Const. ii. 1] 3;
Banduri, Imsp. Orient. t, ii. p. 614.)  The golden
bowl having been removed, the bronze serpent was
taken to Constantinople, and is probably the same
which was seen there by Spon and Wheler in
1675.  The first figure in the annexed wood-cut
I__l _l__ID..is copied from Wheler's engraving of it. (Journey
into Greece, p. 185.)  He says it was about founr
teen or fifteen feet high.
thorities, and designed to show the appearance
of the oracular tripod at Delphi.  Besides the
parts already mentioned, viz. the three legs, the
three handles, and the vessel or caldron, it shows
a flat, round plate, called o'hAos, on which the        C.
Pythia seated herself in order to give responses,
and on which lay a laurel wreath at other times.
This figure also shows the position of the CORTINA,
which, as well as the caldron, was made of very
thin bronze, and was supposed to increase the
prophetic sounds which came from underneath the
earth.  (Virg. Aen. iii. 92.)
The celebrity of this tripod produced  innumerable imitations of it (Diod. xvi. 26), called
"Delphic tripods."  (Athen. v. p. 199.)  They    The use of bronze tripods as altars evidently
were made to be used in sacrifice, and still more  arose in a great degree from  their suitableness to
frequently to be presented to the treasury both  be removed from place to place.  We have an exin that and in many other Greek temples. (Athen. ample of this mode of employing them in the scene
vi. pp. 231, f.-232, d.; Pans. iv. 32. ~ 1.)  which is represented in the woodcut on p. 1045.
[DoNARIA.]  Tripods were chiefly dedicated to  To accommodate them as much as possible to this
Apollo (Paus. iii. 18. ~ 5) and to Bacchus. Partly  purpose, they are sometimes made to fold together
in allusion to the fable of the rape of a tripod from  into a small compass' by a contrivance, which may
Apollo by Hercules, and the recovery of it by the  be understood from an inspection of the preceding
former (Paus. iii. 21. ~ 7, x. 13. ~ 4), the tripod  woodcut. The right-hand figure represents a tripod
was one of his usual attributes, and therefore  in the British Museum. A patera, or a plain meoccurs continually on coins and ancient marbles  tallic disk, was laid on the top, when there was
which have a relation to him. Of this we have an  occasion to offer incense.  Many of these movable
example in the bas-relief engraved on p. 117, which  folding tripods may be seen in Museums, proving
also exhibits two more of his attributes, the lyre  how common they were among the Romans.
and the serpent.  In conformity with the same    Another species of tripods deserving of notice
ideas it was given as a prize to the conquerors at are those made of marble or hard stone.  One
the Pythian and other games, which were cele- was discovered in the villa of Hadrian, five feet
brated in honour of Apollo. (Herod. i. 144.)  On  high, and therefore unsuitable to be used in sacrithe other hand, the theatre at Athens being con- fice.  It is very much ornamented, and was prosidered sacred to Bacchus, the successful Cho- bably intended merely to be displayed as a work
ragus received a bronze tripod as the appropriate  of art.  (Caylus, Recoeil, ii. pl. 53.)   [J. Y.]
prize.  The choragic monuments of Thrasyllus and    TRIPU'DIUM. [AUGUR, pp. 175, b., 176, a.]
Lysicrates, the ornamental fragments of which are    TRIRE'MIS.  [NAvis.]
now in the British Museum, were erected by them    TRITAGONISTES.  [HIsTRIO.]
to preserve and display the tripods awarded to    TRITTYA (Tpurrla). [SACRIFIcIUM, p.1000.]
them  on such occasions.  We find also that a    TRITTYS (TpI7TU's).  [TRIBUS, P. 1154.]
tripod was sometimes consecrated to the Muses    TRIUMPHUS, a solemn procession in which
(Hes. Op. et Dies, 658) and to Hercules.  (Paus. a victorious general entered the city in a chariot
x. 7. ~ 3.)                                      drawn by four horses.  He was preceded by the
A  tripod, scarcely less remarkable than that captives and spoils taken in war, was followed by
from which the Pythia delivered oracles, and con-  his troops, and after passing in state along the Via
secrated to Apollo in the same temple at Delphi, Sacra, ascended the Capitol to offer sacrifice in the
was that made from the spoils of the Persian army  temple of Jupiter.




1 G64           TRIUMPHUJS.                                        TRIUMPHJS.
Such displays have been so universal aniong all  or of praetor. (Liv. xxviii. 38, xxxi. 20.)  IIenco
warlike tribes from the earliest times, and are so  a triumph was not allowed to P. Scipio after lihe
immediately connected with some of the strongest had expelled the Carthaginians from Spain, because
passions of the human heart, that it would be as'he had commanded in that province' sine ullo
useless as it is impossible to trace their origin his-  magistratu."  (Val. Miax. ii. 8. ~ 5; Liv. I.c.)
torically.  It is scarcely necessary to advert to the  The honouirs granted to Pompey, who triumphed
fancies of those ancient writers, who refer their first  in his 24th year (n.c. 81), before he had held
institution to the mythic conquests of Bacchus in  any of the great offices of state, and again ten
the East (Diodor. iv. 5; Plin. H. N. vii. 57), nor  years afterwards, while still a simple eques, were
need we attach much importance to the connection  altogether unprecedented.  (Liv. Epit. 89; Cic.
between triumzphus and apiauyeos, according to the  preo Leg. Alanz. 21; Vell. Pat. ii. 30; Val. Max.
etymology doubtingly proposed by Varro (L. L. vi.  viii. 15. ~ 8; Plut. Posnp. 12, 22; Dion Cass.
68, ed. MiUller).  Rejoicings after a victory, ac-  xxxvi. 8.)
companied by processions of the soldiery with their    2. That the magistrate should have been actually
plunder, must have been coeval with the existence  ill office both when the victory was gained and
of the Romans as a nation, and accordingly the  when the triumph was to be celebrated.  This rereturn of Romulus with spolia opima after he had  gulation was insisted upon only during the earlier
defeated the Caeninenses and slain Acro their king, ages of the commonwealth.   Its violation comis described by Dionysius (ii. 34; compare Prop.  inenced with Q. Publilius Philo, the first person to
iv. 1. 32) with all the attributes of a regular  whom the senate ever granted a " prorogatio  imtriumph.  Plutarch (Rom.  16) admits that this  peril" after the termination of a magistracy (Liv.
event was the origin of and first step towards the  viii. 26), and thenceforward proconsuls and protriumph of after times, but censures Dionysius for  praetors were permitted to triumph without question
the statement that Romulus made his entrance in  (Liv. xxxix. 45, xl. 25, 34), although for a consia quadriga, which he considers disproved by the  derable time the event was of rare occurrence.  It
fact that all the triumphal (Trpo7ratoed'povs) statues  was long held, however, that it was necessary for
of that king, as seen in his day, represented him on  the " prorogatio imperii"  to follow immediately
foot.  He adds that Tarquiniuns Priscus, according  upon  the termination  of the magistracy, for a
to some, or Poplicola, according to others, first triumph was refused to L. Lentulus, who succeeded
triumphed in a chariot; and in corroboration of this  P. Scipio in Spain, on the ground that, although
awe find that the first triumph recorded by Livy  he had been formerly praetor, his imperium  had
(i. 38; compare Flor. i. 5; Eutrop. i. 6) is that over  not been continued uninterruptedly from the period
the Sabines by Tarquinius, who according to Ver-  when the command expired, but had been renewed
rius (Plin. I.N. xxxiii. 19) wore upon this oc-  "extra ordinem"  after a lapse of some years.
casion a robe of cloth or gold. Whatever conclusion  (Liv. xxxi. 20.)  But towards the close of the
we may form upon these points, it is certain that republic this principle was entirely abandoned.
from  the first dawn of authentic history down to  Consuls and praetors seldom quitted the city until
the extinction of liberty a regular triumph (justus  their term  of office had ceased, and when at any
trilumnpAsus) was recognized as the summit of military  subsequent period they entered upon the governlglory, and was the cherished object of ambition to  ment of a province, either in regular rotation or
every Roman general. A triumph might be granted  " extra ordinem," they enjoyed the full status and
for successful achievements either by land or sea, all the privileges of proconsuls and propraetors.
but the latter were comparatively so rare that we  The position of Pompey when sent against the
shall for the present defer the consideration of the  pirates and afterwards against Mithridates, and of
naval triumph.                                      Cicero when lie went to Cilicia, will be sufficient
After any decisive battle had been won, or a  to illustrate this without multiplying examples.
province subdued by a series of successful opera-    3. That the war should have been prosecuted
tions, the Imperator forwarded to the senate a  or the battle fought under the auspices and in the
laurel-wreathed despatch (literae laureatac, Zonar. province and with the troops of the general seekvii. 21; Liv. xlvi. 1; Plin. H. N. xv. 40) con-  ing the triumph (Liv. xxxi. 48, xxxiv. 10; Val.
taining an account of his exploits.  If the intelli-  Max. ii. 8. ~ 2), and hence the triumph of tile
genrce proved satisfactory the senate decreed a public  praetor Furius (Liv. xxxi. 49) was considered ir-.
thanksgiving. [SUPPLICATIO.]  This supplication  regular and  imperfect.   Thus if a victory was
vwas so frequently the forerunner of a triumph, that gainled by the legatus of a general who was absent
Cato thinks it necessary to remind Cicero that it from the army, the honour of it did not belong to
was not invariably so. (Cic. ad Fams. xv. 5.) After  the former, but to the latter, inasmuch as he had
the war was concluded the general with his army  the auspices.
repaired to Rome, or ordered his army to meet him     4. That at least 5000 of the enemy should have
there on a given day, but did not enter the city.  been slain in a single battle (Val. Max. ii. 8. ~ 1),
A  meeting of the senate was held without the  that the advantage should have been positive and
walls, usually in the temple of Bellona (e.g. Liv. not merely a colnpensation for some previous disxxvi. 21, xxxvi. 39) or Apollo (Liv. xxxix. 4), aster (Oros. v. 4). and that the loss on the part of
that he might have an opportunity of urging his  the Romans should have been small compared with
pretensions in person, and these were then scru-  that of their adversaries. (Liv. xxxiii. 22.)  By a
tinized and discussed with the most jealous care. law of the tribunes L. Marius and M. Cato penalThe following rules and restrictions were.for the  ties were imposed upon all Imperatores who should
most part rigidly enforced, although the senate  be found guilty of havincr made false returns to the
assumed the discretionary power of relaxing them   senate, and it was ordained that so soon as they
in special cases.                                   returned to the city they should be required to
1. That - no one could be permitted to triumph  attest the correctness of such documents upon oath
unless he had held the office of dictator, of consul, before the city quaestor.  (Val. Max. 1. c.)  It is




TRIUMPHUS.                                          TRi UMPHUS.                1165
clear that these provisions could never have existed  PraInvsu IN MONTE ALBANO II. NONA.S MAaIR
during the petty contests with which Rome was  AN. DXXII.  (Plin. I.V.  xv. 38.) His example
fully occupied for some centuries; and even when  was followed by Marcellus (Liv. xxvi. 21; Plut.
wars were waged upon the most extensive scale we  Aiarec. 22), by Q. Minucius (Liv. xxxiii. 2.3), and
find many instances of triumphs granted for gene-  by many others, so that Livy (xlii. 21) after menral results, without reference to the numbers slain  tioning that the senate had refused a triumph to
in any one engagement (e. g. Liv. viii. 26, xl. 38).  Cicereius (praetor r. c. 173) adds, "in monte Al5. That the war should have been a legitimate  bano, quod jamn in morenz venerat, triumphavit."
contest against public foes (jtestis hostilibusque bellis,  (See also Liev. xlv. 38.)
Cic. pro Deiot. 5), and not a civil contest.  Hence    If the senate gave their consent they at the
Catulus celebrated no triumph over Lepidus, nor  same time voted a sum of money towards defraying
Antonius over Catiline, nor Cinna and Marius over  the necessary expenses (Polyb. vi. 13), and one
their antagonists of the Sullan party, nor Caesar  of the tribunes "ex auctoritate senatus" applied
after Pharsalia, and when he did subsequently  for a plebiscitum to permit the Imperator to retain
triumph after his victory over the sons of Pompey  his imperium on the day when he entered the city.
it caused universal disgust.  Hence the line in  (Liv. xlv. 35, xxvi. 21.)  This last form  could
Lucan (i. 12):                                     not be dispensed with either in an ovation or a
"BelIa geri placuit nullos habitura triumphos."   triumph, because the imperium  conferred by the
comitia curiata did not include the city itself, and
(See Val. Max. ii. 8. ~ 7; Dion Cass. xliii. 42; when a general had once gone forth "paludatus"
Plint. Caes. 56.) [OVATIO.]                        his military power ceased as soon as he re-entered
6. That the dominion of the state should have  the gates, unless the general law  had been prebeen extended and not merely something previously  viously suspended by a special enactment; and in
lost regained.  Hence Fulvits, who won back  this manner the resolution of the senate was, as it
Capua after its revolt to Hannibal, did not receive  were, ratified by the plebs. [' IMPERIUM; PALVa triumph. (Val. Max. 1. c.; compare Liv. xxxi. 5, DAMENTUvU L.)  For this reason no one desiring a
xxxvi. 1.)  The absolute acquisition of territory  triumph ever entered the city until the question
does not appear to have been essential.  (Duker, was decided, since by so doing he would ipso facto
ad Liv. xxxi. 5.)                                  have forfeited all claim.  We have a remarkable
7. That the war should have been brought to a  example of this in the case of Cicero, who after his
conclusion and the province reduced to a state of return from Cilicia lingered in the vicinity of Rome
peace so as to permit of the army being withdrawn, day after day, and dragged about his lictors from
the presence of the victorious soldiers being consi-  one place to another, without entering the city, in
dered indispensable in a triumph.  In consequence  the vain hope of a triumph.
of this condition not being fulfilled an ovation only    Such were the preliminaries, and it only noWr
was granted to Marcellus after the capture of Syra-  remains to describe the order of the procession.
cuse (Liv. xxvi. 21, compare xxviii. 29, xxx. 48)  This in ancient days was sufficiently simple.  The
and to L. Manlius  upon his return from  Spain. leaders of the enemy and the other prisoners were
(Liv. xxxix. 29.)  We find an exception in Liv. led along in advance of the general's chariot, the
xxxi. 48, 49, but this and similar cases must be  military standards were carried before the troops
regarded as examples of peculiar favour. (See also  who followed laden with plunder, banquets were
Tacit. Ann. i. 55, compared with ii. 41.)          spread in front of every door, and the populace
The senate claimed the exclusive right of delibe- brought up the rear in a joyous band, filled with
rating upon all these points and giving or with-  good cheer, chanting songs of victory, jeering and
holding the honour sought (Liv. iii. 63; Polyb.  bantering as they went alone with the pleasantries
vi. 13), and they for the most part exercised the  customary on such occasions. (Liv. iii. 29.)  But
privilege without question, except in times of great in later times these pageants were marshalled with
political excitement.  The sovereignty of the peo- extraordinary pomp and splendour, and presented
ple, however, in this matter was asserted at a very  a most gorgeous spectacle.  Minute details would
early date, and a triumph is said to have been  necessarily be different according to circumstances,
voted by the tribes to Valerius and Horatius, the  but the general arrangements were as follow. When
consuls of B. c. 446, in direct opposition to the re-  the day appointed had arrived the whole population
solution of the fathers (Liv. iii. 63; Dionys. xi. poured forth from  their abodes in holiday attire,
50), and in a similar manner to C. Marcins Rutilus  some stationed themselves on the steps of the pubthe first plebeian dictator (Liv. vii. 17), while L. lic buildings in the forum and along the Via Sacra,
Postumius Megellus, consul as. c. 294, celebrated a  while others mounted scaffoldings erected for the
triumph, although resisted by the senate and seven  purpose of commanding a view of the show.  The:out of the ten tribunes. (Liv. x. 37.)  Nay more,  temples were all thrown open, garlands of flowers.we read of a certain Appius Claudius, consul B. c. decorated every shrine  and image, and incense
143, who having persisted in celebrating a triumph  smoked on every altar.  (Plut. Aemtil. Paul. 32
in defiance of both the senate and people, was ac-  Dion Cass. lxxiv. 1.)  M[eanwhile the Imperator
companied by his daughter (or sister) Claudia, a  called an assembly of his soldiers, delivered an
vestal virgin, and by her interposition saved from   oration commending their valour, and concluded by
being dragged from his chariot by a tribune. (Ores.  distributing rewards to the smost distinguished and
v. 4; Cic.pr.o. Coel. 14; Val. IMax. v. 4. ~ 6; Suet. a sumn of money to each individual, the amount deTib. 2.)  A disappointed general, however, seldom   pending on the value of the spoils.  I-e then as.
ventured to resort to such violent measures, but cended his triumphal car and advanced to the
satisfied himself with going through the forms on  Porta Triumlphalis (where this gate was is a questhe Alban Mount, a practice first introduced by  tion which we cannot here discuss; see Cic. in Pis.
C. Papirius Maso, and thus noticed in the Capito-  23; Suet. Ociav. 101; Josephus, B. J. vii. 24),
line Fasti: C. P&PIRIUS MAsO COS. DE -CORsEIs  where he was met by the whole body of the senate




.1166            TRT U MPHUS.                                      TRIUMPHUS.
headed by the magistrates.  The procession then  brows were encircled with a wreath of Delphic laurel
defiled in the following order.                    (Plin. HI. N. xv. 38, 39), in addition to which, in
1. The Senate headed by the magistrates. (Dion  ancient times, his body was painted bright red.
Cass. li. 21; Serv. ad Virg. Aen. 543.) 2. A body  (Plin. HI. N. xxiii. 36.)  He was accompanied
of trumpeters.  3. A train of carriages and frames  in his chariot by his children  of tender years
(Josephus, B. J. vii. 24) laden with spoils, those
articles which were especially remarkable either on
account of their beauty or rarity being disposed in
such a manner as to be seen distinctly by the
crowd. (Suet. Jul. 37.)  Boards were borne aloft
on fercula, on which were painted in large letters
the names of vanquished nations and countries.
Here, too, models were exhibited in ivory or wood
(Quinctil. vi. 3) of the cities and forts captured
(Plin. v. 5), and pictures of the mountains, rivers,
and other great natural features of the subjugated
region, with appropriate inscriptions.  Gold and
silver in coin or bullion, arms, weapons, and horse
furniture of every description, statues, pictures,
vases, and other works of art, precious stones, (Liv. xlv. 40; Tac. AInn. ii. 41), and somletimle
elaborately wrought and richly embroidered stuffs, by very dear or highly honoured friends (Dion
and every object which could be regarded as valu-  Cass. ii. 16, lxiii. 20), while behind him  stood a
able or curious. 4. A body of flute-players. 5. The  public slave holding over his head a golden Etruswhite bulls or oxen destined for sacrifice, with  can crown ornamented with jewels.  (Plin. H. N.
gilded horns, decorated with infulae and serta, at-  xxxiii. 4, xxviii. 7; Zonar. vii. 21.)  The pretended by the slaughtering priests with their im-  sence of a slave in such a place at such a time
plements, and followed by the Camilli bearing in  seems to have been intended to avert " invidia'"
their hands paterae and other holy vessels and in-  and the influence of the evil eye, and for the same
struments.  6. Elephants or any other strange  purpose a fascinum, a little bell, and a scourge
animals, natives of the conquered districts.  7. The  were attached to the vehicle. (Plin. H. N. xxviii.
arms and insignia of the leaders of the foe.  8. 7; Zonar. vii. 21.)  Tertullian (Apol. 33)tells us,
The leaders themselves, and such of their kindred  that the slave ever and anon whispered in the ear
as had been taken prisoners, followed by the whole  of the Imperator the warning words " Respice post
band of inferior captives in fetters. 9. The coronae  te, hominem memento te," and this statement is
and other tributes of respect and gratitude be-  copied by Zonaras (I. c.), but is not confirmed by
stowed on the Imperator by allied kings and states. any earlier writer.  Isidorus (xviii. 2), misunder1 0. The lictors of the Imperator in single file, their  standing Pliny (xxviii. 7), imagines that the slave
fasces wreathed with laurel.  (Plin. H. N. v. 40.)  in question was a common executioner.  12. Be11. The Imperator himself in a circular chariot of hind the chariot or on the horses which drew it
(Zonar. 1. c.) rode the grown-up sons of the Iimperator, together with the legati, the tribuni (Cic.
in Pis. 25), and the equites, all on  horseback.
13. The rear was brought up by the whole body
[~    1~              Xof the infantry in marching order, their spears
adorned with laurel (Plin. xv. 40), some shouting
Io Triumphe (Varro, L. L. v. 7, ed. Miiller; Hor.
Carrn. iv. 2. 49; Tibull. ii. 6. 121), and singing
hymns to the gods, while others proclaimed the.... _~  s     K0i) 0praises of their leader or indulged in keen sarcasms
J~: J~9                                           and coarse ribaldry at his expense, for the most
perfect freedom  of speech was granted and exercised. (Liv. iv. 53, v. 49, xlv. 38, Dionys. vii. 72;
-:~ {!~(1~~~~~ ~                        ~~Suet. Jul, 49, i; Mart. i. 5. 3.)
The arrangement of the procession as given
above is taken, with some changes, from the treatise
Lsk ________  g of Onuphrius Panvinius De Triumpho in the 9th
volume of the Thesaurus of Graevius.  The different particulars are all collected from the accounts
a peculiar form  (Zonar. vii. 21) drawn by four transmitted to us of the most celebrated triumphs,
horses, which were sometimes, though rarely, white.  such as that of Pompey in Appian (Bell. MillA.
(Plut. Camzill. 7; Serv. 1. c.; Dion Cass. xliii. 14.)  116, 117), of Aemilius Paullus in Plutarch (Paull.
The circular form of the chariot is seen in the pre-  32) and in Livy (xlv. 40), of Vespasian and Titus
ceding cut, copied from  a marble formerly in the  in Josephus (B. J. vii. 5. ~ 4, 5, 6), and of Camilpossession of the Duke d'Alcala at Seville (Mont-  lus in Zonaras (vii. 21), together with the remarks
faucon, Ant. Exp. vol. iv. pl. cv.), and also in the  of Dionysius (ii. 34, v. 47), Servius (ad Vaily. Aen.
following cut, which represents the reverse of one  iv. 543), and Juvenal (Sat. x. 38-45).
of the coins of the Antonines.  lIe was attired in    Just as the pomp was ascending the Capitoline
a gold embroidered robe (toga picta) and flowered  hill some of the hostile chiefs were led aside into
tunic (tunica pallata), he bore in his right hand a  the adjoining prison and put to death, a custom s8
laurel bough (Plut. Pauol. 32), and in his left a  barbarous that we could scarcely believe that it
bceptre (Dionys. v. 47; Val. Max. iv. 4. ~ 5), his  existed in a civilized age were it not attested by




TRIUMPHUS.                                        TRIUMVIRT.                  1167
the most unquestionable evidence. (Cic. inz Perr.  ancient constitution, he alone had a legitimate
v. 30; Liv. xxvi. 13; Joseph. vii. 24.)  Porn-  claim to a triumph.  This principle was soon fully
pey, indeed, refrained from  perpetrating this atro-  recognised and acted upon, for although Antonius
city in his third  triumph (Appian, Bell. Mitll. had granted triumphs to his legati (Dion Cass. xlix.
117), and Aurelian on like occasion spared Zenobia, 42), and his example had been freely followed by
but these are quoted as exceptions to the general Augustus (Suet. Octav. 38; Dion Cass. liv. 11, 12)
rule. When it was announced that these murders  in the early part of his career, yet after the year
had been completed (Joseph i. c.) the victims were  B. C. 14 (Dion Cass. liv. 24), he entirely disconthen sacrificed, an offering from  the spoils was  tinned the practice, and from that time forward
presented to Jupiter, the laurel wreath was de- triumphs were rarely, if ever, conceded to any
posited in the lap of the god (Senec. Consol. ad  except members of the imperial family.  But to
Helv. 10; Plin. H. N. xv. 40; Plin. Paneg. 8; compensate in some degree for what was thens
Stat.Sylv. iv. 1. 41), the Imperator was entertained  taken away, the custom was introduced of bestowaLt a public feast along with his friends in the tem- ing what were termed Triumphalia, Ornamlenta,
ple, and returned home in the evening preceded  that is, permission to receive the titles bestowed
by torches and pipes, and escorted by a crowd of upon and to appear in public with the robes worn
citizens. (Flor. ii. 1.)  Plutarch (Q. R. 77) and  by the Imperatores of the commonwealth when
Valerius Maximus (ii. 8. ~ 6) say that it was the  they triumphed, and to bequeath to their descendpractice to invite the consuls to this banquet, and  ants triumphal statues.  These triumclhalia orna.then to send a message requesting them  not to  muenta are said to have been first bestowed upon
come, in order, doubtless, that the Iniperator might Agrippa (Dion Cass. I. c.) or upon Tiberius (Suet.
be the most distinguished person in the company.   Octav. 9), and ever after were a common mark of
The whole of the proceedings, generally speak. the favour of the prince. (Tacit. Angn. i. 72, ii. 52,
ing, were brought to a close in one day, but when  iii. 72, &c., Hist. i. 79, ii. 78, &c.)
the quantity of plunder was very great, and the    The last triumph ever celebrated was that of
troops very numerous, a longer period was re-  Belisarius, who entered Constantinople in a quadquired for the exhibition, and thus the triumph of riga, according to the fashion of the olden time,
Flaminius continued for three days in succession. after the recovery of Africa from  the Vandals.
(Liv. xxxix. 52; Plut. Aemil. Paull. 32.)          The total number of triumphs upon record down
But the glories of the Imperator did not end  to this period has been calculated as amounting to
with the show nor even with his life.  It was  350.  Orosius (vii. 9) reckons 320 from Romulus
customary (we know  not if the practice was in- to Vespasian, and Pitiscus (Lexic. A2tiq. s. sv.
variable) to provide him  at the public expense  Triumphus) estimates the number from Vespasianl
with a site for a house, such mansions being styled  to Belisarius at 30.                [W. R.]
triumnplales domuzs. (Plin. xxxvi. 24. ~ 6.) After    TRIU'MVIRI or TRE'SVIRI, Were either ordeath his kindred were permitted to deposit his  dinary magistrates or officers, or else extraordinary
ashes within the walls (such, at least, is the ex- commissioners, who were frequently appointed at
planation given to the words of Plutarch, Q. R.  Rome to execute any public office.  The following
78), and laurel-wreathed statues standing erect is a list of the most important of both classes, arin triumphal cars, displayed in the vestibulum  of ranged in alphabetical order.
the family mansion, transmitted his fame to pos-    1. TaluMVlRI AGRo  DIVIDUNDO. [TRtUcivisi
terity.                                            COLONTAE DEDUCENDAE.]
A  TRIUMRPHU  NAVALIS  appears to have dif-    2. TRIUMVIRI CAPITALES were regular magisfered in no respect from  an ordinary triumph  trates first appointed about B.c. 292. (Liv. Epit.
except that it must have been upon a smaller scale, 11; Dig. 1. tit. 2. s. 2. ~ 30.)  The institution of
and would be characterized by the exhibition of their office is said to have been proposed by L.
beaks of ships and other nautical trophies.  The  Papirius, whom  Festus (s.'. Sacranzentuns) calls
earliest upon record was granted to C. Duilius,  tribune of the plebs, but whom Niebuhr (Hist. of
who laid the foundation of the supremacy of Rome   Ronze, vol. iii. pp. 407, 408) supposes to be L.
by sea in the first Punic war (Liv. Epit. xvii.; Papirius Cursor, who was praetor in B. c. 292.
Fast. Capit.); and so elated was he by his success, They were elected by the people, the comitia being
that during the rest of his life, whenever he re- held by the praetor. (Festus, 1. c.) They succeeded
turned home at night from supper, he caused flutes  to many of the functions of the Quaestores Parrito sound and torches to be borne before him. (Flor. cidii. (Varro, L. L. v. 81, ed. Midiller; QUAESTOR.)
ii. I; Cic. Cat. MlIaj. 13.)  A  second naval tri-  It was their duty to inquire into all capital crimes,
umph was celebrated by Lutatius Catulus for his  and to receive informations respecting such (Varro,
victory off the Insulae Aegates, B. c. 241 (Val. 1. c.; Plaut. Asin. i. 2. 5, Aulul. iii. 2. 2; Cic. psro
Max. ii. 8. ~ 2; Fast. Capit.); a third by Q. Cluent. 13), and consequently they apprehended
Fabius Labeo, B. c. 189, over the Cretans (Liv. and committed to prison all criminals whom they
xxxvii. 60), and a fourth by C. Octavius over  detected.  (Liv. xxxix. 17; Val. Max. vi. 1. ~10;
King Perseus (Liv. xlv. 42) without captives and  Cic. I. c.)  In conjunction with the Aediles, they
without spoils.                                    had to preserve the public peace, to prevent all unTRnIUaPHUS CASTRENSIS was a procession of lawful assemblies, &c. (Liv. xxv. I, xxxix. 14.)
the soldiers through the camp in honour of a tri-  They enforced the payment of fines due to the state.
bunus or some officer, inferior to the general, who  (Fest. 1. c.)  They had the care of public prisons.
had performed a brilliant exploit. (Liv. vii. 36.)    and carried into effect the sentence of the law
After the extinction of freedom  the Emperor  upon criminals.  (Liv. xxxii. 26; Val. Max. v,
being considered as the commander-in-chief of all 4. ~ 7, viii. 4. ~ 2; Sall. Cat. 55; Tacit. Ann. v
the armies of the state, every military achievement 9.) In these points they resembled the magistracy
was understood to be performed under his auspices, of the Eleven at Athens. [HENDEcA.]  They had.
and. hence, according to the forms of even the  the power of inflicting summary punishment upon




1168             TRIUMVIRI.                                        TROPAEUM.
iasves zand persons of lower rank: their court Appian, B. C. iv. 2-12; Dion Cass. xlvi. 54 —56 
appears to have been near the Maenian column. Veil. Pat. ii. 65; Plut. Cic. 46); and on the ex(Festus, 1. c.; Gell. iii. 3; Plaut. Amphitr. i. I  piration of the term, in B. C. 38, was conferred
3; Cic. pro Clue, nt. 13.)  Niebuhr (1. c.), who is upon them  again, in B. c. 37, for five years more.
followed by Arnold (HIlist. of Ronme, vol. ii. p. (Appian, B. C. v. 95; Dion Cass. xlviii. 54.)  The
389), supposes that they might inflict summary  coalition between Julius Caesar, Pompeius, and
punishment on all offenders against the public  Crassus, in B.c. 60 (Vell. Pat. ii. 44; Liv. Epit.
peace who might be taken in the fact; but the  103) is usually called the first triumvirate, and
passage of Festus, which Niebuhr quotes, does not that between Octavianus, Antony, and  Lepidus,
prove this, and it is improbable that they should  the second; but it must be borne in mind that the
have had power given them  of inflicting summary  former never bore the title of triumviri, nor were
punishment upon a Roman citizen, especially since  invested with any office under that name, whereas
we have no instance recorded of their exercising  the latter were recognized as regular magistrates
such a power.  (Walter, Gescls. d. Rni. Reclts, under the above-mentioned title.
pp. 165, 858, 1st ed.; Gottling, Gesch. d. RimsZ.   11. TRrutIVIRI SACrss CONQUIRENDIS DONISStaatsv. p. 378.)                                  QUE PERSIGNANDIS, extraordinary officers elected
3. TRIUMVIRI COLONIAE DEDUCENDAE were  in the Comitia Tributa in the time of the second
persons appointed to superintend the formation of Punic war, seem to have had to take care that all
a colony.  They are spolken of under COLONIA, property given or consecrated to the gods was app. 315, b.  Since they had besides to superintend  plied to that purpose.  (Liv. xxv. 7.)
the distribution of the land to the colonists, we find    1 2. TRIUMvlmR  SENATus LEGENDI were magis.
them  also called Triumwviri GC'loniaee Deducendae  trates appointed by Augustus to admit persons into
Agqroque Dividusndo (Liv. viii. 16), and sometimes  the senate.  This was previously the duty of the
simply Triumviri Agro Dando  (Liv. iii. 1).        censors.  (Suet. Aug. 37.)
4. TRImsrwIvi EPULONES. [EPULONES.]                TRO'CHILUS.  [SPIRA.]
5. TriuMvaIRi EQUITUMa  TUrRMAS RECOGNOS-    TROCHUS  (TpoXo's), a hoop.  The Greek
CENDI, or LEGENuIS EQUITtaI DECURaIIS, were  boys used to exercise themselves like ours with
magistrates first appointed by Augustus to revise  trsundling a hoop.  It was a bronze ring, and had
the lists of the Equites, and to admit persons into  sometimes bells attached to it.  (Mart. xi. 22. 2,
the order.  This was formerly part of the duties  xiv. 168, 169.)  It was impelled by means of a
of the censors.  (Suet. Alug. 37; Tacit. Anse. hook with a wooden handle, called clavis (Propert
iii. 30.)                                          iii. 12), and eAa7r'p.  From  tile Greeks this
6. TRIUmvstli I MENSARII. [CIENSAnRI.]          custom  passed to the Romrans, wiho consequently
7. TRIUMVl RI MONETALES. [MONETA.]              adopted the Greek term. (-Ior. Co's2sm. iii. 24. 57.)
8. TRIusM IRI  NOCTURNI, were  magistrates  The hoop was used at thle GvMarNAsmlui (Propert.
elected annually, whose chief duty it was to pre- 1. c.; Ovid. Trist. ii. 485); andi, therefore, on one
vent fires by night; and for this purpose they had  of the gems in the Stosch collection at Berlin,
to go round the city during the night (vigilias  which is engraved in the annexed woodcut, it is
circuminre). If they neglected their duty they were  accompanied by the jar of oil and the laurel branch,
sometimes accused before the people by thle tri- the signs of effort and of victory.  On each side of
bunes of the plebs. (Val. Max. viii. 1. ~ 5, 6.)  this we have represented another gem  from the
The time at which this office was instituted is un- same coi]lection.  Both of these exhibit naked
known, but it must have been previously to the  youths trundling the hoop by means of the ]look
year B. c. 304. (Liv. ix. 46.) Augustus transferred  or key.  These show the size of the hoop, which
their duties to the Praefectuss Vigilum. (Dig. 1. tit. in the middle figure has also three small rings or
15. s. 1.)  [PRA.rECTUS VIGILUM.]                 bells on its circumference. (Winckelmnann, Desc,
9. TRImusivRI REFICIENDIS  AEDIBUS, extraor-  des Pierrses Gravees, pp. 452-455.)
dinary officers elected in the Comitia Tributa in the
time of the seconld Punic war, were appointed for
the purpose of repairing and rebuilding certain        /I/  %t
temples.  (Liv. xxv. 7.)                              I 
10. TRIUMVar I REIPUBLICAE CONSTITUENDnAE.
Niebuhr (Hist. of Rome, vol. iii. p. 43) supposes:.\a                            I:
that magistrates under this title were appointed as
early as the time of the Licinian Rogations, in          a
order to restore peace to the state after the com- -
motions consequent upon those Rogations. (Lydus,
de 31eag. i. 35.)  Niebuhr also thinsks that these
were the magistrates intenlded by Varro, who men-    In a totally different manner hoops were used
tions among the extraordinary magistrates, that inl the  performances of tumblers and dancers.
had the right of summloning tile senate, Tlriumvirs  Xenophon describes a female dancer who receives
for the regulation of the republic, along  with the  twelve hoops in succession, throwing them into the
Decemvirs and. Consular Tribunes.  (Gell. xiv. air and catchitig them  magain, her motions being
7.)  We have not, however, any certain mention  regulated by another female playing on the pipe.
of officers or magistrates under tlhis name, till to- (Sssspos. ii. 7, 8.)
wards the close of the republic, when the supreme    On the use of rpoxas, to denote the potter's
power was shared between Caesar (Octavianus),  wheel, see FICTILEr.                       [J. Y.]
Antonius, and Lepidus, who adminlistered tle affairs    TROJAE LUDUS.  [Cmnctus, p. 2831, b.]
of the state under the title of TriusCv72ri Reiplublicae    TROPAEUM  ('rp47ramov, Att. -poraov,, Schol.
Constituenldaee.  This office was conferred upon  ad Aristopls. Pl'Lt. 453), a trophy, a sign and methem in B.c. 43 for five years (Liv.- Epit. 120; morial of victory, which was erected on the field




TROPAEUM.                                              TRU. TRUA.'             1169
of battle where the enemy had tunried (Tpte1rw,. c. 121, after their conquest of the Allobroges,
vpdrt7) to flight, and in case of a victory gained  when they built at the junction of the Rhone and
at sea, on the nearest land.  The expression, for
raising or erecting a trophy, is rpoTraov c, -'7at --
or aT'craOat, to which may be added ahOrb or iCaTd                                  /
Tss 7roXE1iL'ov. (Wolf, ad Deml. in Lept. p. 296.)                      t
When the battle was not decisive, or each party                /
considered it had some claims to the victory, both                 A
erected trophies.  (Thucyd. i. 54, 105, ii. 92.) 
Trophies usually consisted of the arms, shields,
helmets, &c., of the enemy that were defeated; -;/ 6  l;
and from  the descriptions of Virgil and other         </ f'.
Roman poets, which have reference to the Greek:;d(,,
rather than to the Roman custom, it appears that
the spoils and arms of the vanquished were placed     l        l    /
on the trunk of a tree, which was fixed on an 
elevation.  (Virg. Aei. xi. 5; Serv. ad loc.; Stat.
Theb. iii. 707; Juv. x. 133.)  It was consecrated    l.
to some divinity with an inscription (*riy~pat)ya),  
recording the names of the victors' and of the de- X'
feated party (Eurip. P/oen. 583; Schol. ad loc.;                 i
Paus. v. 27. ~ 7; Virg. Aen. iii. 288; Ovid. At.             /
Amn. ii. 744; Tacit. Ann. ii. 22); whence trophies        /  /
vwere regarded as inviolable, which even the enemy,,were not permitted to remove.  (Dion Cass. xlii. /// 
58.)  Sometimes, however, a people destroyed a
trophy, if they considered that the enemy had'                                 C"
erected it without sufficient cause, as the Milesians
did with a trophy of the Athenians. (Thucyd. viii. the Isal  toes of white stone  upon which tro24.)  That rankling and hostile feelingls might not
be perpetuated by the continuance of a trophy, it  enemy.   (Florus,. e. a   Strabo, iv. p. 185.)
seems to have been originally part of Greek inter- ompey also raised trophies on the Pyrenees after
national law that trophies should be made only of his victories iu  Spain (Strabo, iii. p. 156; Pln.
wood and not of stone or metal, and that they  H  N. iii. 3; Dion Cass. xli. 24.; Sall. op. Sev. in
should not be repaired when decayed. (Plut. Quaesl.'g. Aen. 3xi. 6)-; Julius  Caesar did the same
Bon. c. 37, p. 273. c.; Died. xiii. 24.) Helnce we  Inear Ziela, after his victory over Pharnaces (Dion
are told that the Lacedaemonians accused the The-  Cass. xlii.. 48), and Drusus, near the Elbe, to combans before the Amphictyonic-council, because the  memorate his victory over the Germans.  (Dion
latter had erected a metal trophy.  (Cic. do Invent.  Cass. li. 1; Florus, iv. 12.)  Still, however, it was
ii. 23.)  It was not however uncommon to erect more common to erect some memorial of the victory
such trophies.  Plutarch (Alcib. 29. p. 207, d.)  at Rome than on the field of battle.  The trophies
mentions one raised in the time of Alcibiades, and  raised by Marins to commemorate his victories
Pausanias (ii. 21. ~ 9, iii. 14. ~ 7, v. 27. ~ 7)over Jugurtha and the Cimbri and Tentoni, which
speaks of several which he saw in Greece. (Wachs-were cast down by Sulla and restored by Julius
mlthl~, Iell. All. vol. i. pt. i. P. 424, Ist ed.;  Caesar, must have been in the city. (Suet. Jul. 11.)
Schomann, Ant. Jur-. Pulbl. Graec. p. 370.)        In the later times of the republic, and under the
The trophies erected to commemorate naval victories were usually ornamented with the beaks or  empire, the erection of triumphal arches was the
and  most common way of commemorating a victory,
croteria of ships [ACROTERaUI; ROSTI; and  many  of which  remain  to  the  present day.
were generally consecrated to Poseidon or Neptune.  [Aacus.]  We find trophies on the Roman coins
Sometimes a whole ship was placed as a trophy.  of several families.   The annexed coin of M.
(Thucyd. ii. 84, 92.)                              Furius Philus is an example; on the reverse, VieThe following woodcut taken from  a painting  tory or Ro eo is represented crowning a trophy.
found at Pompeii (11/1zs. Bobson. vol. vii. t. 7) contains a very good representation of a tropaeum,
which Victory is engaged in erecting.  The conqueror stands on the other side of the trophy  ith 
his brows encircled with laurel.                               k         \    
The Macedoniankings nevererected:trophies, for }'                    L5   f, 
the reason given by Pausanias (ix. 40. ~ 4), and'
hence the same writer observes that Alexander |,
raised no trophies after his victories over Dareius and'       v'                   L
in India.  The Romans too, in early times, never
erected any trophies on the field of battle (Florus,
iii. 2), but carried home the spoils taken in battle,    TROSSULT. [EQUiTEs  p. 472, a.]
with which they decorated the public buildings, and    TRUA,  dim. TRULLA  (7-opcr/), derived
also the private houses of individuals. [SPOLIk.]  from Tplj%,epe, &c., to perforate; a large anl
Subsequently, however, the Romans adopted the  flat spoon or ladle pierced with holes; a trowel.
Greek practice of raising trophies on the field of The annexed woodcut represents such  a ladle,
battle: the first trophies of this kind were erected  adapted to stir vegetables or other matters in the
by Domitius Ahecobarbus and FIabines Maximus in  pot (Schol. in Ar istoph. AV. 78), to act as a strainer




1170               TRUTINA.                                             TUBA.
when they were taken out of the water, or to dis-  Minerva.  Three other weights lie on the base of
pel the froth from its surface.  (Non. MIarcell. p. the stand, designed to be hung upon the hook when
19, ed. Merceri.)   The ladle here drawn was occasion required. (1AIus. C'apit. vol. ii. p. 213.)
found in the kitchen of "the house of Pansa," at    Vitruvius (x. 3. s. 8. ~ 4) explains the principle
Pompeii.                                           of the steelyard, and mentions the following constituent parts of it: the scale (lancula) depending
from the head (caput), near which is the point of
revolution (centrumn) and the handle (ansa).  On
the other side of the centre from the scale is the
beam (scapus) with the weight or equipoise (aequipondizoe), which is made to move along the points
The tul-zla v;inazaei  (Varro, L.  L. ov. 1 l, ed. (perepuncta) expressing the weights of the different
Mvliuller) seems to have been a species of colander         that are put into the scale. [J. Y.]
[COLUM], used as a wine-strainer.  (Cic. Vemr.       TUBA   (ah.MrvyT), a bronze trumpet, distiniv. 27; Hor. Sat. ii. 3. 144.)  Though generally
iv. 27  Her. St.  ii 3. 144.)  Though generally  guished from the cornu by being straight while the
applied to these domestic and culinary purposes  latter was curved: thus Ovid (Met. i. 98)
(Eupolis, p. 174, ed. Runkel) the  trulla was
found to be convenient for putting bees into a hive.    Non tuba directi non aeris cornua flexi."
(Col. de Re Rust. ix. 12.) It was also commonly  (Compare Vegetius, iii. 5.)  Facciolati in his Lexiused to plaster walls (Pallad. de Re Rust. i. 13, con (s. u. Tuba) is mistaken in supposing that
15), and thus gave rise to the verb trullissare. Aulus Gellius (v. 8) and Macrobius (Sat. vi. 8)
[PARIES.]                                          who copies him, intend to affirm that the tuba was
Fellows (E c. ilu Asic  Minor, p. 153) explains  crooked.  The words of the former do not mean
the Eastern method of using a kind of colander in  that both the lituus and the tuba were crooked,
washing the hands.  It is placed as a cover upon  but that both that kind of trumpet which was
the jar [OLLA], which receives the dirty water. clled a litus and also the staff of he augur were
This may    tetherefore be the   bsllens, which, the  crooked, and that it was doubtful which of the
ancients used, together with the basin and ewer, to  t   had lent its name to te other.   LTu s,    two had lent its name to the other.  [LITUUS]
Mash their hands.  (Non. Macell. p. 547, ed.    The tuba was employed in war for signals of
MT~Ierceri.N)                         CL..E ]    every description (Tacit. Hist. ii. 29; Caesar, B. C.
TRUBLION.  [COTYLA..]                           iii. 46; Hirt. B. G. viii. 20; Liv. xxxix. 27), at
TRU'TINA (TpVm'dvr7), a general term including  1,
boTRU'TINA (arPban), a general term including   the games and public festivals (Juv. vi. 249, x.
both LmIBRA, a balance, and sfates~a, a steelgyard.   214; Virg. Aen. v. 113; Ovid, Fast. i. 716), also
(Non. Marc. p. 180.)  Payments were originally  at the last rites to the dead (hine tuba, candelae,
made by weighing, not by counting.  Hece a nc      Pers. iii. 103; Virg. Aen. xi. 191; Ovid. Heroitd.
balance (trutina) was preserved in the temple of xii. 140, Amos. ii. 6. 6), and Aulus Gellius(xx.
Saturn at Rome. (Varro, L. L. v. 183, ed. Miuller.)  2) tells us from  Atteius Capito that those who
The balance was much more ancient than the steel-      n    u
sounded the trumpet at funerals  were termed
yard, which according to Isidore of Seville (Orig.'yard, which according to Isidore of Seville (Or.   siticines, and used an instrument of a peculiar form.
xvi. 24) was invented in Campania, and therefore  The tones of the tuba are represented as of a harsh
called by way of distinction  Trbutzina Canspana. and fear-inspiring character (fsactos sonitus tubaConsistently with this remark, steelyards have  unu, Virg. (eosg. iv. 72;  tesibilem  son/tune ae
been found in great numbers among the ruins of             Aeg. ix. 503), which  Ennius (Serv. ad
Herculaneum  and Pompeii.  The construction of  a, Aen i
V'ir#.  Aen. ix. 503,; Priscian viii..1 8. 103, ed.
some of them  is more elaborate and complicated  Krehl) endeavoured to imitate in the line
than that of modern steelyards, and they are in  Krehl) endeavoured to imitate in the line
some cases mu.ch ornamented.  The annexed wood-         At tuba terribili sonitu taratantaca dixit."
cut represents a remarkably beautiful statera which The invention of the tuba is usually ascribed by
is preserved in the Museum of the Capitol at Rome. ancient writers to the Etruscans (Athenaeu,  iv. c
Its support is the trunk of a tree, round which a  83 * Pollux iv. 85, 87  Diodor. v. 40; Serv ad
serpent is entwined.  The equipoise is a head of  Viy.  Aca. viii. 516; Clem.  lex. Stro r. i. p
306), and the epithet A71rro-oaha7rL-ratT (i.e. robbertrumpeters, Photius and Hesych. s. v. and Pollux,
1. c.) would seem to indicate that they had made it
famous by their piracies.  It has been remarked
~~'_-_ __       \>            that Homer never introduces the oCaM7rLy in his
c~_~-, —-, &'~~   >narrative but in comparisons only (Ii. xviii. 219,
xxi. 388; Eustath. and Schol.), which leads us to
/I    i. FJ   \  infer that although  known in his time it had
been but recently introduced into Greece, and it is
certain that notwithstanding its eminently martial
character, it was not until a late period used in the
armies of the leading states.  By the tragedians its
Tuscan origin was fully recognized: Athena in Aeschylus orders the deep-toned piercing Tyrrhenian
trumpet to sound (.Eumen. 567), Ulysses in Sophocles (Aj. 17) declares that the accents of his beloved
goddess fell upon his ears like the tones of the
brazen-mouthed Tyrrhenian bell (cw'6wvos, i. e. the
-----— A=  ~~bell-shaped aperture of the trumpet), and similar
epithets are applied by Euripides (Phloeniss. 1376




TUBA.                                            TUNICA.                   1171
Heraclid. 830), and other Greek (Auctor. Rlies.    TUBILU'STRIUM.- [QUINQTJATRUS.]
988; B1runck, Anal. tom. ii. p. 142) and Roman        TUBUS, TUBULUS.  [FISTULA.]
writers (Tyrrhenus clangor, Virg. Aen. viii. 526;    TULLIA NUM.  [CARCER.]
Stat. T/ieb. iii. 650; Tyrrhernae clangore tubae,    TUMULTUA'RII.  [TUMULTUS.]
Silius, ii. 19).  According to one account it was    TUMULTUS was the name given to a sudden
first fabricated  for the Tyrrhenians by Athena, or dangerous war in Italy or Cisalpine Gaul, and
who in consequence was worshipped by the Ar-  the word was supposed by the ancients to be a
gives under the title of:d:asr-y?  (Schol. ad Iomn.  contraction of timosr nlztaus.  (Cic. Phil. viii. I;
II. xviii. 219, e. cod. Vict.; Pausan. ii. 21. ~ 3); tamssndltns dictzs, quasi timor s2nltus, Serv. ad Viyg.
while at Rome the tubiluzstriam, or purification of Aen. ii. 486, viii. 1; Festus, s. v. Tazmultuarii.)
sacred trumpets, was performed on the last day of It was however sometimes applied to a sudden or
the Quinquatrus.  [QuINQUaTRUS.]  In another  dangerous war elsewhere (Liv. xxxv. 1, xli. 6;
legend the discovery is attributed to a mythical  Cic. Phli. v. 12); but this does not appear to have
king of the Tyrrhenians, Maleus, son of Hercules.been a correct use of the word.  Cicero (Phil. viii.
and Omphale (Lutat. ad Stat. Theb. iv. 224, vi.  1) says that there might be a war without a tu404; Hygin. Fab. 274; Schol, ad 11mo. 1. c.), in  multus, but not a tumultus without a war; but it
a third to Pisaeus the Tyrrhenian (Plin. H. N.   must be recollected that the word was also applied
vii. 57; Photius, s. v.), and Silius has preserved a  to any sudden alarm respecting a war; whence we
tradition (viii. 490), according to which the origin  find a tumultus often spoken of as of less importance
of this instrument is traced to Vetulonii.  (MUiller,  than a war (e. g. Liv. ii. 26), because the results
Die Etrusker, iv. 1, 3, 4, 5.)                     were of less consequence, though the fear might
There appears to have been no essential differ-  have been much greater than in a regular war.
ence in form between the Greek and Roman or    In the case of a tumultus there was a cessation
Tyrrhenian trumpets.  Both were long, straight,  from all business (justitium), and all citizens were
bronze tubes gradually increasing in diameter, and  obliged to enlist without regard being had to the
terminating in a bell-shaped aperture.  They pre-  exemptions (vacationes) from military service, which
were enjoyed at other times. (Cic. 11. cc.; Liv.
vii. 9, 11, 28, viii. 20, xxxiv. 56.)   As there
was not time to enlist the soldiers in the regular....____________________ __    =manner, the magistrate appointed to command the
army displayed two banners (vexilla) from the
capitol, onered, to summon the infantry, and the
other green, to summon the cavalry, and said,
sent precisely the same appearance on monuments  " Qui rempublicam  salvam  vult, me sequatur."
of very different dates, as may be seen from  the  Those that assembled took the military oath tocuts annexed, the former of which is from Trajan's  gether, instead of one by one, as was the usual
column, and the latter from an ancient fictile vase. practice, whence they were called conjurati, and
(Hope, Costunmes of the Ancients, pl. 156.)        their service conjuratio. (Serv. ad Viyg. Aen. viii.
1.)  Soldiers enlisted in this way were called
Unenultuarii or Subitarii.  (Festus, s. a.; Liv. iii.
30, x. 21, xl. 26.)
TU;'NICA (XLt'd, dimE. xLT'rYt~eKOS, YtLrTVOY,),
the under-garment of the Greeks and Romans.
i. GREeK.  The Chiton was the only kind of
_ Sv Sea, or under-garment worn by the Greeks. Of
this there were two kinds, the Dorian and Ionian.
The Dorian Chiton, as worn by males, was a short
woollen shirt, without sleeves; the Ionian was a
long linen  garment, with sleeves.  The under-'1111R    garment, afterwards distinguished as the Dorian,
seems to have been originally worn in the whole of
Greece.  Thucydides (i. 6) speaks as if the long
linen garment worn at Athens a little before his
time was the most ancient kind, since he attributes
the? adoption of: a simpler mode of dress to the
Lacedaemonians,. but we know with tolerable certainty that this dress was brought over to Athens
by the Ionians of Asia.  (Muller, de Fl1inerva Poliade, p. 41, Dor. iv. 2. ~ 4.) It was commonly
worn at Athens during the Persian wars, but appears to have entirely gone out of fashion about
The scholiast on the Iliad (1. c.) reckons six va-  the time of Pericles, from which time the Dorian
rieties of trumpets; the first he calls the Grecian  Chiton was the under-garment universally adopted
ZciarlyS which Athena discovered for the Tyrrhe-  by men through the whole of Greece.  (Athen.
nians, and the sixth, termed by him cKaT' 4o'XrY,  xii. p. 512, c; Eustath. p. 954. 47; Thucyd. I. c.;
the'rupavvKic) aadXray, he describes as bent at the  Aristoph. Equit. 1330.)
extremity (Kecowva IeCKAeC1fe'Ov fXovaa); but by     The distinction between the Doric and Ionic
this we must unquestionably understand the sacred  Chiton still continued in the dress of women. The
trumpet (iepaT-rl) (fciMrLyt, Lydus, de Mens. iv. 6),  Spartan virgins only wore this:one garment, and
the litumss already noticed at the beginning of this  had no upper kind of clothing, whence it is somearticle.  (Compare Lucan, i. 431.)    [WV. R.]    times called Himzation [PALLIUM] as well as Cl/i~
4F 2




1172               TUNICA.                                           TUNICA.
ton.  (Compare Herod. v. 87; Schol, ad Eurip. with the buckles or clasps of their dresses, the single
Hecub. 933.)  Euripides (Ilecub  1.1 c., A4ndron.  Athenian who had returned alive from  the expedi598) incorrectly calls this Doric dress Peplos, and  tion against Aegina, because there were no buckles
speaks of a Doric virgin as uovo're7rAos.  From the  or clasps required in the Ionic dress.  The Muses
circumstance of their only wearing one garment, are generally represented with this Chiton.  The
the Spartan virgins were called yvutval (Plut. Lyec.  woodcut annexed, taken  from  a statue in the
14) [NuvDs], and also poveoxirawvs. (Schol. ad  British Museum, represents the Muse Thalia wearEurip. 1. c.; Athen. xiii. p. 589, f.) They appeared  ing an Ionic Chiton. The Peplum has fallen off her
in the company of men without any further cover-  shoulders, and is held up by the left hand.  The
ing; but the married women never did so without right arm holding a Pedum is a modern restoration.
wearing an upper garment.  This Doric Chiton
was made, as stated above, of woollen stuff; it
was without sleeves, and was fastened over both               { I:
shoulders by clasps or buckles (,rdpraL, 7repo6aL),. 
which were often of considerable size. (Herod.
Schol. ad Earip. 11. cc.). It was frequently so
short as not to reach the knee (Clem. Alex. Paed.
ii. 10, p. 258), as is shown in the figure of Diana,
on p. 276, who is represented as equipped for the
chase.  It was only joined together on one side,
and on the other was left partly open or slit up
('XrTOs XitrOV, Pollux, vii. 55), to allow a free
motion of the limbs: the two skirts (rTEpvWyes)
thus frequently flew  open, whence the Spartan
virgins were sometimes called'paevot.? piSes (Pollux,
i. c.), and Euripides (Androm. 1. c.) speaks of them
as with
yvUvoo'e JnSApoes olrea'rXeois dcietL'otrs.
Examples of this GoXLT6S Xty'rcv are frequently
seen in works of art: the following cut is taken
from a bas-relief in the British Museum, which represents an Amlazon with a Chiton of this kind:    Both kinds of dress were fastened round the
some parts of the figure appear incomplete, as the  middle with a girdle [ZONA], and as the Ionic
original is mutilated. (See also IVius. Borbon. vol.  Chiton was usually longer than the body, part of
iv. t. 21.)                                        it was drawn up so that the dress might not reach
further than the feet, and the part which was so
( ——. —---—'     ~-~. ~7 —-.~      drawn up overhung or overlapped the girdle, and
was called eo'X7ros.
]        +\A\\AX There was a peculiar kind of dress, which seems
to have been a species of double Chiton, called S/,'t (I j p 117/pA7rAeots, aLrAodhov, and 71'6L7rAei5Lv. Some writers
J  A?.    _:22Ettytif,'}ZllY     yi  suppose that it was a kind of little cloak thrown
f J,over the Chiton, in which case it would be an
Amictus, and could not be regarded as a Chiton;
K:'~'////fi/~f*' w I      but Becker and others maintain that it was not a
separate article of dress, but was merely the upper
part of the cloth forming the Chiton, which was
larger than was required for the ordinary Chiton,
and was therefore thrown over the front and back.
L~'~-y/<tJ~ ~,~.~jIkk.                 The following cuts ( Alfs. Borbon. vol. ii. t. 4, 6) will
give a clearer idea of the form of this garment than
_ i.~ ~/.( i__        -_.;~    any description.
The Ionic Chiton, on the contrary, was a long
and loose garment, reaching to the feet (Oro  p,-ls),
with wide sleeves (Kdpat), and was generally made
of linen.  The sleeves, however, appear usually to
have covered only the upper part of the arm; for
in ancient works of art we seldom find the sleeves               l' 
extending further than the elbow, and sometimes               i
not so far.  The sleeves were sometimes slit up,
and fastened together with an elegant row  of                  i'I'l,if                i l
brooches (Aelian, V.H. i. 18), and it is to this              I
kind. of garment that Biittiger (Kleine Schrift. vol iii.                                i
p. 56) incorrectly gives the name of XIt-O''ds XfaTv.         tii
The. Ionic Chiton, according to Herodotus (v. 87,                  i
88), was originally a Carian dress, and passed over        -                             I
to Athens from fonia. The women at Athens originally wore the Doric Chiton, but were compelled
to change it for the Ionic after they-had killed,




TUNICA.                                           TUNICA.                  1173
It seems impossible to determine with certainty  part of the breast uncovered, whence it is called
whether the Diploidion formed part of the Chiton, $St/sis, a representation of which is given on p. 512.
or was a separate piece of dress.  Those writers  When the sleeves of the Chiton reached down to
who maintain the former view, think that it is  the hands, it seems to have been properly called
quite proved by the left-hand figure in the pre- XeiPIo&or'S (Gell. vii. 12, see woodcut, p. 329),
ceding cut; but this is not conclusive evidence, though this word seems to have been frequently
since the Chiton may have terminated at the waist. used as equivalent to dialptdcrXaAos. (Hesych. s. v.
In the right-hand figure we see that the Chiton is'Auppta'e-XaXaos.)
girded round the middle of the body, as described    A XrTw,  dpOo0d-Tlos    was one which was not
above, and that the fold which overhangs (ico'Xros) fastened round the body with a girdle (Pollux, vii.
forms, with the end of the Diploidion, a parallel 48; Phot. aex. p. 346,: Pors.): a XL-V'v Or-oAhswline, which was always the case.  This is also  Tod seems to have had a kind of flounce at the
plainly seen in the woodcut to the article UsaBRA-  bottom.  (Pollux vii.. 54; Xenoph. Cyrop. vi. 4.
CULUM.  Since the Diploidion was fastened over  ~ 2.)
the shoulders by means of buckles or clasps, it was    On the subject of the Greekl Chiton in general,
called  srw,uis, which Miiller (Arcliiol. d.. Kunst, see Miiller, Doricans, iv. 2. ~ 3, 4, Archlioloyie der
~ 339. 4) supposes from  Eurip. ilecub. 553, and  KIunst, ~ 337, 339; Becker, Charikles, vol. ii.
Athen. xiii. p. 608, b, to have been only the end of p. 309, &c.
the garment fastened on the shoulder; but these    2. ROuMAN.  The Tunica of the Romans, like
passages do not necessarily prove this, and Pollux  the Greek Chiton, was a woollen under garment,
(vii. 49) evidently understands the word as mean-  over which the Toga was worn. It was the Induing a garment itself.                              menrizln or Indutus, as opposed to the A2siclus, the
Besides the word XtLT'v, we also meet with the  general term for the toga, pallium, or any other
diminutives XL7-WVLKcos and XtrCSvi'ov, the former of outer garment. [AMIcTUS.]   The Romans are
which is generally applied to a garment worn by  said to have had no other clothing originally but
men, and the latter to one worn by women, though  the toga; and when the Tunic was first introduced,
this distinction is not always preserved.  A ques- it was merely a short garment without sleeves, and
tion arises whether these two words relate to a dif- was called Colobium. (Gell. vii. 12; Serv. ad Vi)V.
ferent garment from the Chiton, or mean merely a  Aen. ix. 616.)  It was considered a mark of effesmaller one.  Many modern writers think that the  minacy for men to wear Tunics with long sleeves
Chiton was not worn immediately next the skin, (manicatae) and reaching to the feet (tcalaees).
but that there was worn. under it a shirt (Xrweoie-  (Cic. Cat. ii. 10.)  Julius Caesar was accustomed
Kcot) or chemise (Xmrov'IO,).  In the dress of men, to wear one which had sleeves, with fringes at the
however, this does not appear to have been the  wrist (ad nsansus fimbriata, Suet. Jul. 45), and in
case; since we find XLTrwvbKos frequently used as  the later times of the empire, tunics with sleeves,
identical with xrrcsv, and spoken of as the only  and reaching to the feet, became common.
under garment worn by individuals. (To (s~dsro'o icai    The Tunic was girded (cincta) with a belt or
Trl'd XLTWY'torcov, Plat. Hipp. Min. p. 368; Dem. in  girdle around the waist, but was usually worn
Mid. p. 583. 21; Aesch. in Tim. p. 143; Athen. loose, without being girded, when, a person was at
xii. p. 545, a.)  It appears, on the contrary, that home, or wished to be at his ease. (Hor. Sat. ii.
females were accustomed to wear a chemise (X-cv'-  1. 73; Ovid, Am. i. 9. 41.)  Hence we find the
viov) unllder their Chiton, and a representation of terms cinctus, praecinctus, and succinctus, applied,
such an one is given in p. 185.  (Compare Athen. like the Greek eo',voos, to an active and diligent
xiii. p. 590, f.; Aristoph. Lysisr. 48, 150.)     person, and discincths to one who was idle or dissoIt was the usual practice among the Greeks to  lute. (Hor. Sat. i. 5. 6, ii. 6. 107, Epod. i. 34.)
wear an Himation, or outer garment, over the    The form of the Tunic, as worn by men, is reChiton, but frequently the Chiton was worn alone. presented in many woodcuts in this work.  In
A person who wore only a Chiton was called /jovo- works of art it usually terminates a little above the
XiTV, (oloxiTrov in Homer, Od. xiv. 489), an  knee; it has short sleeves, covering only the upper
epithet given to the Spartan virgins, as explained  part of the arm, and is girded at the waist (see
above.  In the same- way, a person who wore only  cuts, pp. 90, 808): the sleeves sometimes, though
an Himation, or outer garment, was called axrowv,. less frequently, extend to the hands (cut, p. 141).
(Xen. Meom. i. 6. ~ 2; Aelian, V. HI. vii. 13;    Both sexes usually wore two tunics, an outer
Diod. Sic. xi. 26.)  The Athenian youths, in the  and an under, the latter of which was worn next
earlier times, wore only the Chiton, and when it the skin, and corresponds to our shirt and chebecame the fashion, in the Peloponnesian war, to  mise.  Varro (ap. Non. xiv. 36) says, that when
wear an outer garment over it, it rwas regarded as  the Romans began to wear two tunics, they called
a mark of effeminacy. (Aristoph. Nub. 964, corm- them Subucula and Indusiusm, the former of which
pared with 987.)                                   Bottiger (Sabina, vol. ii. p. 113) supposes to be the
Before passing on to the Roman under garment, name of the under tunic of the men, and the latter
it remains to explain a few terms which are ap- of that of the women.  But it would appear fiom
plied to the different kinds of Chiton.  In later another passage of Varro (L. L. v. 131, ed. Miiller)
times, the Chiton worn by men was of two kinds, referred to by Becker (Gallus, vol. ii. p. 89), as if
the &-ajppdoiexaAos and the E'lvpoudo-XsaXos, the  Varro had meant to give the name of S&bucula to
former the dress of freemen, the latter that of slaves. the under tunic, and that of Indusium or Iintusium
(Pollux, vii. 47.)  The dacp(uYdoxasXos appears to  to the outer, though the passage is not without difhave signified not only a garment which had two  ficulties.  It appears, however, that Subucula was
sleeves, but also one which had openings for both  chiefly used to designate the under tunic of men.
arms; while the &rTpod cXaehos, on the contrary, (Suet. Aug. 82; Hor. Epist. i. 1. 95.)  The word
had only a sleeve, or rather an opening for the  interuzla was of later origin, and seems to have apleft arm, leaving the right, with the shoulder and a  plied equally to the under tunic of both sexes,
4 F 3




1174              TUNICA.                                           T. URRIS.
(Apul. Flo6rid. ii. p. 32; lettmn. viii. p. 533, ed.    When a triumph was celebrated, the conqueror
Oud.; Vopisc. Prob. 4.)  The Supparus or Sep-  wore, together with an embroidered toga (Toga
paruno is said by Festus (s. v.) to have been a linen  pictac), a flowered tunic (Tunica palmata), also
vest, and to have been the same as the Subucula; called Tunica Jovis, because it was taken from the
but Varro (v. 131), on the contrary, speaks of it temple of Jupiter Capitolinus.  (Liv. x. 7; Mart.
as a kind of outer garment, and contrasts it with  vii. 1; Juv. x. 38.) [TirIUMPHUS, P. 1166, a.] Tunics
Szbzcula, which he derives from subtzs, while sup- of this kind were sent:as presents to foreign kings
parus he derives from stpr-. The passage of Lucan  by the senate.  (Liv. xxx. 15, xxxi. 11.)
(ii. 364) in which it is mentioned does not enable    TURI'UB_tDUALM  (uvj1carTpiov), a censer. The
us to decide whether it was an outer or under gar- Greqks and Romans, when;they sacrificed, comment, but would rather lead us to suppose that it. monly took a little frankincense out of the ACERRA
was the former.  Persons sometimes wore several. and let it fall uponthe flamipg altar. [ARA.] More
tunics, as a protection against cold: Augustus wore  rarely they used a censer, by means of which they
four in the winter, besides a Subucula.  (Suet. burnt the incense in greater profusion, and which
Aztg. 82.)                                         was in fact a small moveable grate or FocuLvs.
As the -dress of a man usually consisted of an  (Aelian, V. H. xii. 5.1.)  The annexed woodcut,
under tunic, an outer tunic, and the toga, so that taken from  an ancient painting, shows the perof a woman, in like manner, consisted of an under  formance of both of these acts at the same time.
tunic (Toszica intisoa, Gell. x. 15), an outer tunic, Winckelmann (lMon. Ined. 177) supposes it to reand the palla.  The outer tunic of the Roman, present Livia, the wife, and.O(ctavia, the sister of
matron was properly called Stola [STOLA], and is  Augustus, sacrificing to Mars in gratitude for his
_epresented  in the woodcut on p. 1073; but the  safe return from  Spain. (Hor. Carem. iii. 14. 5.)
annexed woodcut, which represents a Roman em-  The censer here represented has two handles for
press in the character of Concordia, or Abundantia, the purpose of carrying it from place to place, and
gives a better idea of its form.  (Visconti, 111o-  it stands upon feet so.that the air might be ad-:sumenti Gabini, n. 34; Btittiger, Sabina,c tav. x.)  mitted underneath, and pass upwards through the
Over the Tunic or Stola the Palla is thrown in  fuel.
many folds, but the -hape.of the former is still
distinctly shown.
As the censer was destined for the worship of
the gods, it was often made of gold or silver (Ep.
ad Heb. ix. 4; Thucyd. vi. 46) and enriched with
stones and gems. (Herod. iv. 162; Cic. Verr. iv.
21-24.) W- We find a silver.censer in the official
enumerations of the treasures presented to the Parthenon at Athens: its bars (61EpESaoeaTa) were of
bronze. (Biickh, Coap. Inscrsp. vol. i pp. 198, 235,
238.)                                  [J. Y.]
TURMA. [EXERCITUS, p. 497, b.]
TURRIS (7ripyos), a tower. The word TSpose,
The tunics of women were larger and longer  from  which comes the Latin t3rr'iS, signified acthan those of men, and always had sleeves; but in  cording to Dionysius (i. 26) any strong building
ancient paintings and statues we seldom find the  surrounded by walls; and it was from the fact of
sleeves covering more than the upper part of the  the Pelasgians in Italy dwelling in such places
arm.  An example of the contrary is seen in the  that the same writer supposes them  to have been
llozseo Borbonico, vol. vii. tav. 3.  Sometimes the  called Tyrsenians or Tyrrhenians, that is, the intunics were adorned with golden ornaments called  habitants of towns or castles.  Tuzrris in the old
Leria. (Festus, s. v.; Gr. MXpoi, Hesych. Suid. s. v.)  Latin language seems to have been equivalent to
Poor people, who could not afford to purchase a?ubs.  (Polyb. xxvi. 4; Gittling, Gescl. d. RMem.
toga, wore the tunic alone, whence we find the  Staatsv. p. 17.)  The use of towers by the Greeks
common people called Tunicati. (Cic. in Rull. ii. and Romans was various.
34; Hor. Epist. i. 7. 65.)  Persons at work laid    I. Stationary Towers. 1. Buildings of this form
aside the toga; thus, in the woodcut on p. 808, a  are frequently mentioned by ancient authors, as
man is represented ploughing in his tunic only. A   forming by themselves places of residence and
person who wore only his tunic was frequently  defence.  This use of towers was very common in
called NUDUs.                                      Africa.  (Diod. Sic. iii. 49, Itin. Ant. pp. 34, 35,
Respecting the Clavus Latus and the Clavus  with Wesseling's notes.)  We have examples in
Angustus, worn on the tunics of the Senators and, the tower of Hannibal on his estate between
Equites-respectiyely, see CLAVUS.                  Acholla and Thapsus (Liv. xxxiii. 48), the tsrns



TURRIS.                                            TURRIS.                  1175
regia of Jugurtha (Sallust. Jtg. 103), the tower of to the moveable towers (furres mobiles, Liv. xxi.
a private citizen without the walls of Carthage, by  11), we have particular descriptions of them  by
the help of which Scipio took the city (Appian. Vitruvius (x. 19. s. 13), and Vegetius (iv. 17).
Pun. 117); and, in Spain, the tower in which    They were generally made of beams and planks,
Cn. Scipio was burnt. (Appian. Hisp. 16.)  Such  and covered, at least on the three sides which were
towers were common in the frontier provinces of exposed to the besieged, with iron, not only for
the Roman empire. (Ammian. Marcell. xxviii. 2.)  protection, but also, according to Josephus, to in2. They were erected within cities, partly to  crease their weight and thus make them steadier.
form a last retreat in case the city should be taken, They were also covered with raw hides and quilts,
and partly to overawe the inhabitants.  In almost moistened, and sometimes with alum, to protect
all Greek cities, which were usually built upon a  them  from fire.  The use of alum for this purpose
hill, rock, or some natural elevation, there was a  appears to have originated with Sulla at the siege
kind of tower, a castle, or a citadel, built upon the  of Athens.  (Amm. Marc. xx. and Claud. Quadrig.
highest part of the rock or hill, to which the name  aup. Lips. p. 300.)  Their height was such as to
of Acropolis was given, as at Athens, Corinth, overtop the walls, towers, and all other fortificaArgos, Messene, and many other places.  The  tions of the besieged place. (Liv. xxi. 11.) VitruCapitolium at Rome answered the same purpose  vius (I.c.), following Diades, mentions two sizes
as the Acropolis in the Greek cities; and of the  of towers.  The smallest ought not, he says, to be
same kind were the tower of Agathocles at Utica  less than 60 cubits high, 17 wide, and one-fifth
(Appian. Pun. 14), and that of Antonia at Jeru- smaller at the top; and the greater 120 cubits high
salem. (Joseph. Bell. Jud. v.. ~ 8, Act. Apostol. and 231 wide.  Iteron (c. 13), who also follows
xxi. 31.)                                          Diades, agrees with Vitruvins so far, but adds an
3. The fortifications both of cities and camps  intermediate size, halfway between the two, 90
were strengthened by towers, which were placed  cubits high.  Vegetius mentions towers of 30, 40,
at intervals on the murus of the former [MuaRus]  and 50 feet square.  They were divided into stoand the vallum of the latter; and a similar use  ries (tabulate or tecta), and hence they are called
was made of them  in the lines (circumvallatio)  turres coultabulatae.  (Liv. xxi. 34.)  Towers of
drawn round a besieged town. [VALLUM.] They  the three sizes just mentioned consisted respecwere generally used at the gates of towns and of tively of 10, 15, and 20 stories.  The stories destative camps.  [PORTA.]  The use of temporary  creased in height from the bottom  to  the top.
towers on walls to repel an attack will be noticed  Diades and Chaereas, according to Heron, made
below.                                             the lowest story 7 cubits and 12 digits, those about
II. iMloveable Towers.  These were among the  the middle 5 cubits, and the upper 4 cubits and
most important engines used in storming a fortified  one-third of a cubit.
place.  They were of two kinds.  Some were    The sides of the towers were pierced with winmade so that they could be taken to pieces and  dows, of which there were several to each story.
carried to the scene of operations: these were    These rules were not strictly adhered to in praccalled folding towers (mrbpyor 7rTrSiKoL or irT7UYEor0t,  tice.  T'owers were made of 6 stories, and even
turresplicctiles, or portable towers, ipoprelo 7ruvpyoi). fewer.  (Diod. xiv. 51.)  Those of 10 stories were
The other sort were constructed on wheels, so as  very common (Iirt. Bell. Gall. viii. 41; Sil. Ital.
to be driven up to the walls;. and hence they were  xiv. 300),. but towers of 20 stories are hardly, if
called turres ambulatosiae or subrotatae.  But the  ever, mentioned.  Plutarch (Lucull. 10) speaks of
turres plicatiles were generally made with wheels, one of 100 cubits. hig'h used by Mithridates at the
so that they were also ambulatoriae.              siege of Cyzicus.
The first invention or improvement of such    The use of the stories was to receive the engines
towers is ascribed by Athenaeus the mechanician  of war [TORMENTA], and slingers and archers
(quoted by Lipsius, Oper. vol. iii. p. 297) to the  were stationed in them  and on the tops of the
Greeks of Sicily in the time of Dionysius I. (B.c. towers.  (Liv. xxi. 11.)  In the lowest story
405.) Diodorus (xiv. 51) mentions towers on wheels  was a battering-ram  [ARIEs]; and in the middle
as used by Dionysius at the siege of Motya. He  one or more bridges (pontes) made of beams and
had before (xiii. 54) mentioned towers as used at plariks, and protected at the sides by hurdles.
the siege of Selinus (B. c. 409), but he does not Scaling-ladders (scalae) were also carried in the
say that they were on wheels. According to others, towers, and when the missiles had cleared the
they were invented by the engineers in the service  walls, these bridges and ladders enabled the beof Philip and Alexander, the most famous of whom  siegers to rush upon them.
were Polyidus, a Thessalian, who assisted Philip at    The towers were placed upon wheels (generally
the siege of Byzantium, and his pupils Chaereas  6 or 8), that they might be brought up to the
and Diades. (Vitruv. x. 19. s. 13.)  Heron (c. 13)  walls.  These wheels were placed for security inascribes their invention to Diades and Chaereas, side of the tower.
Vitruvius (1. c.) to Diades alone, and Athenaeus    The tower was built so far from the besieged
(I. c.) says that they were improved in the time of place as to be out of the enemy's reach, and then
Philip at the siege of Byzantium. Vitruvius states pushed up to the walls by men stationed inside of
that the towers of Diades were carried about by  and behind it. (Caesar, B. G. ii. 30, 31; Q. Curt.
the army in separate  pieces.   Respecting the  viii. 10.)  The attempt to draw them forward by
towers used by Demetrius Poliorcetes at the siege  beasts of burthen was sometimes made, but was
of Rhodes, see HELEPOLIS.                         easily defeated by shooting the beasts.  (Procop.
Appian mentions the turres plicatiles (Bell. Civ. Bell. Goth. i. ap. Lips. p. 298.)  They were genev. 36, 37), and states that at the siege of Rhodes rally brought up upon the AGGER (Hirtius, 1. c.),
Cassius took such towers with him  in his ships, and it not unfrequently happened that a tower stuck
and had them set up on the spot.  (Id. iv. 72.)   fast or fell over on account of the softness of the
Besides the frequent allusions in ancient writers agger.  (Liv. xxxii. 17; Q. Curt. iv. 6. ~ 9.) They
4 4   4




1176               TUTOR.                                             TUTOR.
were placed on the agger before it was completed, might be their heredes.  This protection was given
to protect the soldiers in working at it.  (Sall.  by the tutela to Impuberes and women.
Juzguarth. 76; Caesar, B. G. vii. 22.)  When the    A Tutor derived his name a "' tuendo " from pro.
tower was brought up to the walls without an  tecting another (quasi Tuitor). His power and ofaggqer, the ground was levelled before it by means  fice were "Tutela," which is thus defined by Servius
of the MuscL.vs.                                   Sulpicius (Dig. 26. tit. 1. s. 1): " Tutela est vis
These towers were accounted most formidable  ac potestas in capite libero ad tuendum eum qui
engines of attack.  They were opposed in the fol- propter aetatem  suam  (sua) sponte se defendere
lowing ways.                                       nequit jure civili data ac permissa."  After the
1. They were set on fire, either by sallies of the  word " suamn " it has been suggested by Rudorff
besieged, or by missiles carrying burning matter, that something like what follows has been omitted
or by letting men down from  the walls by ropes, by the copyists: " eamve quae propter sexun," a
close to the towers, while the besiegers slept. conjecture which seems very probable.  Tutelaex(Veget. iv. 18; Sil. Ital. xiv. 305.)  -          presses both the status of the Tutor and that of the
2. By undermining the ground over which the  person who was In Tutela.  The tutela of Imtower had to pass, so as to overset it. (Veget. iv. puberes was a kind of Potestas, according to the
20.)                                               old law: that of Mulieres was merely a Jus.
3. By pushing it off by main force by iron-shod    As to the classification of the different kinds
beams, asseres or trabes.  (Veget. 1. c.)         (genera) of Tutela, the jurists differed.  Some
4. By breaking or overturning it with stones  made fivegenera, as Quintus Mucius; others three,:tllhrown from catapults, when it was at a distance, as Servius Sulpicius;  and others two, as Labeo.
or, when it caine close to the wall, by striking it The most convenient division is into two genera,
with an iron-shod beam hung from, a mast on the  the tutela of ImivPUBERES (pspizlli, pLtpi/lle). and
wall, and thus resembling an Aries.               the tutela of Women.  The pupillus or the pupilla
5. By increasing the height of the wall; first is the male or the female who is under Tutela.
with masonry, and afterwards with beams and    Every paterfamilias had power to appoint by
planks, and also by the erection of temporary  testament a Tutor for his children who were in his
wooden towers on the walls.  (Caesar, B. G. vii. power: if they were males, only in case they were
22; Veget. iv. 19.)  This mode of defence was  Impuberes; if they were females, also in case they
answered by the besiegers in two ways.  Either were marriageable (nzzbiles), that is above twelve
the agger on which the tower stood was raised, as years of age.  Therefore if a tutor was appointed
by Caesar at the siege of Avaricum (B. G. 1. c.), or for a male, he was released from the Tutela on ata smaller tower was constructed within the upper taining puberty (fourteen years of age), but the
part of the tower, and when completed was raised  female still continued in tutela, unless she was ret
by screws and ropes.  (Veget. 1. c.)  Oil these  leased from  it by the Jus Liberorum under the
towers in general see Lipsius, Poliorcet. in Oper.  Lex Julia et Papia Poppaea.  A mall could only
vol. iii. pp. 296-356.                            appoint a Tutor for his grandchildren, in case they
III. Caesar (B. C. ii. 8-9) describes a peculiar  would not upon his death come into the power of
sort of tower, which was invented at the siege of their father.  A father could appoint a tutor for
Massilia, -and called turris latericia, or latere'Cla7st.  Postumi, provided they would have been in his
It partook somewhat of the character both of a  power, if they had been born in his life-time.  A
fixed and of a besieging tower.  It was built of man could appoint a tutor for his wife in mann,
masonry near the walls of the town to afford the  and for his daughter-in-law  (nurzs) who was in
besiegers a retreat from the sudden sallies of the  the manius of his son.  The usual form of appointenemy; the builders were protected by a moveable  ing a Tutor was this: " Lucium  Titium  Liberis
cover; and the tower was pierced with windows  meis tutorem do." A man could also give his wife
for shooting out missiles.                        in manu the power of choosing a tutor (tutoris
IV. Towers in every respect similar to theeturres  optio); and the optio might be either plena or
aMbzlator-iae (excepting of course the wheels) were  angusta.  She who had the plena optio might
constructed on ships, for the attack of fortified  choose (and consequently change) her tutor any
places by sea.  (Caes. Bell. Civ. iii. 40, where, number of times: she who had the augusta optio
respecting the term ad libraCz, see the commenta-  was limited in her choice to the number of times
tors; Liv. xxiv. 34; Appian. Ml/ithl. 73, Bell. Civ. which the testator had fixed.  [TESTAIssNTTIIL.]
v. 106; Amm. Marc. xxi. 12.)                         The power to appoint a tutor by will was either
V. Small towers carrying a few armed men  given or confirmed by the Twelve Tables.  The
were placed on the backs of elephants used in battle. earliest instance recorded of a testamentary Tutor
(Liv. xxxvii. 40.)                                is that of Tarquinins Priscus being appointed by
VI. The words zr6pyos and teurris are applied to  the will of Ancus (Liv. i. 34), which may be taken
an army drawn up in a deep oblong column. (Gell. to prove this much at least, that the power of apx. 9; Cato, de Re Milit. ap. Fest. s. v. Serra proe-  pointing a tutor by will was considered by the
liari, p. 344, ed. Miiller; Eustath. ad Horn. 11.  Romans as one of their oldest legal institutions.
xii. 43.)                              [P. S.]    The nearest kinsmen were usually appointed TuTUTE'LA.  [TuToR.]                              tores, and if a testator passed over such, it was a
TUTE'LAE ACTIO.  [TUTOR.]                       reflection on their character (Cic.pro P. Seltio, 52),
TUTOR.  The difference between a Tutor and  that is, we must suppose, if the testator himself
Tutela, and Curator and Curatio  or Cura, is ex- was a man in good repute.  Persons named and
plained in the article CURATOR.  In the Roman  appointed Tutores by a will were Tutores Dativi:
system there might be persons who were under no  those who were chosen under the power given by
potestas, and had property of their own, but by  a will were Tutores Optivi.  (Gaius, i. 154.)
reason of their age or sex required protection for    If the testator appointed no tutor by his will,
their own interest, and for the interest of those who  the tutela was given by the Twelve Tables to-the




TUTOR.                                            T UTOR.' 1177
-nearest Agnati, and such Tutores were called Legi-  by' testament, for they wecre confirnied by the
tisi.  The nearest Agnati were also the heredes in  Twelve Tables, and tutores appointed under any
case of the immediate heredes of the Testator dying  other Lex as the Atilia.  Various Senatusconsulta
intestate and without issue, and the tutela was  declared in what cases a tutor might be appointed;
therefore a right which they claimed as well as a  thus the Lex Julia de maritandis ordinibus (Papia
duty imposed on them.  Persius (ii. 1.2) alludes to  et Poppaea) enacted that the Praetor should apthe claim of the Tutor as heres to his pupillus. A  point a tutor for a woman or a virgin, who was reson who was pubes, was the legitinus tutor of a  quired to marry by this law, " ad dotem dandam,
so1n who was impubes; and if there was no son who  dicendram, promittendamve," if her Legitimus tutor
was pubes, the son who was impubes had his father's  was himself a Pupillus: a Senatusconsultum exbrother (patrzuns) for his tutor. The same rule ap-  tended the provision to the provinces, and enacted
plied to females also, till it was altered by a Lex  that in such case the praesides should appoint a
Claudia.  If there were several agnati in the same  tutor; and also that if a tutor was mutus or furiosus,
degree, they were all tutores.  If there were no  another should be appointed for the purposes of the
Agnati, the tutela belonged to the Gentiles, so long  Lex.  The case above mentioned of a tutor being
as the Jus Gentilicium was in force.  (Gaius, iii. given in the case of an action between a tutor and
17, and i. 164.)  The tutela in which a freedman  his ward, is a case of a tutor Moribus datus.  In
was with respect to his Patronus was also Legitima;  the Imperial period from the time of Claudius trnot that it was expressly given by the words (lex) tores extra ordinem were appointed by the consuls
of the Twelve Tables, but it flowed from the lex  also.
as a consequence (per consequentianm, Ulp. Frac.    Only those could be Tutores who were sui juris.
tit. 11); for as the hereditates of intestate liberti A person could not be named Tutor in a Testaand libertee belonged to the patronus, it was as- ment, unless he had the Testamentifactio with the
sumed that the tutela belonged to him also, since  Testator, a rule which excluded such persons as
the Twelve Tables allowed the same persons to be  Peregrini.  The Latini Juniani were excluded by
tutors in the case of an ingennus, to whom they  the Lex Junia.  (Gains, i. 23.)  WVomen could
gave the hereditas in case there was no suus heres. not be Tutores.  Many persons who were com(Gaius, i. 165.)                                   petent to be Tutores, might excuse themselves
If a free person had been mancipated to another from  taking the office: these grounds of excuse
either by the parent or coemptionator, and such  (excusationes) were, among others, age, absence,
other person manumitted the free person, he be- the being already Tutor in other cases, the holding
came his tutor fiduciarius by analogy to the case of of particular offices and other grounds which are
freedman and patron. (Compare Gains, i. 166 with  enumerated in the Fragmenta Vaticana (123Ulp. Froq. tit. 11. s. 5.) [EIMANCIPATIO;FIDUCIA.]  247).  In the system  of Justinian the tutela is
If an impubes had neither a tutor Dativus nor  viewed as a Publicum munus.
Legitimnus, he had one given to him, in Rome, un-    The power of the Tutor was with respect to the
der the provisions of the Lex Atilia by the Praetor property and pecuniary interests, not the person of
Url-anus and the major part of the Tribuni Plebis; the Pupillus, and the passage of the Twelve Tables
in the provinces in such cases a tutor was appointed  which gives or confirms to a testator the power of disby the Praesides under the provisions of the Lex  posing of his property, uses the phrase, Uti legessit
Julia et Titia.  [LEX  JULIA ET TITIA.]  If a  super pecunia tutelave suae rei, that is the Tutela
tutor was appointed by testament either sub condi- of the property.  It was not absolutely essential
cione or ex die certo, a tutor miight be given under to the notion of Tutela that the Tutor should have
these Leges so long as the condition had not taken  the administration of property; and he had it not
effect or the day had not arrived: and even when  in the case of Mulieres. It might happen that the
a tutor had been appointed absolutely (pure), a  Tutores from  their nearness of blood anld other
tutor might be given under these Leges so long as  causes might have the guardianship of the  nmthere was no heres; but the power of such tutor pubes; but then the protection of the property of
ceased as soon as there was a tutor under the tes- the Impubes was the special office of the Tutor,
tament, that is, as soon as there was a heres to  and the care of the infant belonged to the mother,
take the hereditas.  If a tutor was captured by  if she survived (custodian matrumz, Hoer. Ep. i. 1.
the enemy, a tutor was also given under these  22).  In a case mentioned by Livy (iv. 9), where
Leges, but such tutor ceased to be tutor, as soon as  the mother and the Tutores could not agree about
thll original tutor returned from  captivity, for he  the marriage of the mother's daughter, the marecovered his tutela Jure Postliminii.            gistratus decided in favour of the mother's power
Before the passing of the Lex Atilia tutors were  (seczundums  parentis arbitrium).  As to the later
given by the praetor in other cases, as for instance, law, see Dig. 27. tit. 2 s. s. 1. ~ 6.
when the legis actiones were in use, the Praetor    A pupillus could do no act by which he dimiappointed a tutor if there was any action between  nished his property, but any act to which he was
a tutor and a woman or ward, for the tutor could  a party was valid, so far as concerned the pupillus,
not give the necessary authority- (auctoritas) to  if it was for his advantage.  Consequently a
the acts of those whose tutor he was, in a matter  pupillus could contract obligationes, which were for
in which his own interest was concerned.  Other his advantage, without his Tutor. (Gaius, iii. 107.)
cases in which a tutor was given are mentioned by  The Tutor's office was " negotia gerere et auctoriUlpian, Frog. tit. 11.                            tatem interponere."  Thus the natural act of the
Ulpian's division of Tutores is into Legitimi, pupillus became by auctoritatis interpositio of the
Senatusconsultis  constituti,  Moribus  introducti. Tutor, a legal act; and thus the pupillus anld his
His legitimi tutores comprehend all those who be- Tutor formed one complete person, as to legal cacome tutores by virtue of any Lex, and specially  pacity to act.  No particular form was required
by the Twelve Tables: accordingly it comprises  for the expression of the tutor's auctoritas, and his
tutores in the case of intestacy, tutores appointed  presence, when the act was done. by the pupillus,




1178               TUTOR.                                           TUTOR.
was enough, if he made no opposition to it. (Ulp. was removed from the tutela as suspectus, or when
Frog. tit. 11. s. 25.)  The Negotiorum Gestio in  his excusatio was allowed to be justa; but in both
which the Tutor acted alone took place when the- of these cases, a new tutor would be necessary.
Pupillus was an Infans, or absent, or Furiosus:  (Gaius, i. 182.)
it was his duty to preserve and improve the    The tutor, as already observed, might be reproperty and to do all necessary acts for that pur- moved from his office, if he was misconducting
pose.  When the Pupillus was no longer Infanls, himself: this was effected by the Accusatio sus.
he could do various acts with the Auctoritas of his pecti, which is mentioned in the Twelve Tables.
Tutor: the auctoritas was the consent of the Tutor (Gaius, i. 182; Dirksen, Uebersicht, &c. des Zwl/'
to the act of the Pupillus, which was necessary in  Tafeln, 599-604.)
order to render it a legal act.  Thus it was a rule    The Twelve Tables also gave the pupillus an
of law that neither a woman nor a pupillus could  action against the Tutor in respect of any misalienate a Res mancipi without the auctoritas of a  management of his property, and if he made
Tutor: a woman could alienate a Res nec mancipi out his case, he was entitled to double the amount
without such consent, but a pupillus could not. of the injury done to his property. This appears
(Gaius, ii. 80.)  The incapacity of the pupillus is to be the action which in the Digest is called
best shown by the following instance: if his debtor Rationibus distrahendis, for the settlement of all
paid a debt to the pupillus, the money became the  accounts between the Tutor and his Pupillus.
property of the pupillus, but the debtor was not There was also the Judiciunm tutelae, which comreleased, because a pupillus could not release any  prehended the Actio tutelae directa and Contraria,
duty that was due to himself without theauctoritas  and like the Actio distrahendis rationibus could
of his Tutor, for he could alienate nothing without only be brought when the Tutela was ended. The
such auctoritas, and to release his debtor was equi- Actio tutelae directa was for a general account of
valent to parting with a right.  Still if the money  the property managed by the Tutor, and for its
really became a part of the property of the pupillus, delivery to the pupillus now become Pubes.  The
or, as it was expressed according to the phraseology  tutor was answerable not only for loss through
of the Roman Law, si ex eapecunia locupletiorfactus  dolus malus, but for loss occasioned by want of
sit, and he afterwards sued for it, the debtor might proper care. This was an action Bonae fidei and
answer his demand by an Exceptio doli mali. consequently In incertum (Gaius, iv. 62).  If the
(Gaius, ii. 84; Cic. Top. 11.)  The subject of the  tutor was condemned in such a judicium, the conincapacity of Impuberes and the consequent ue- sequence was Infamia.  [INFAMIA.]  The tutor
cessity of the auctoritas of a Tutor is further ex- was intitled to all proper allowances in respect of
plained in the articles IMPUBEs and INFANS.      what he had expended or done during his manageThe tutela was terminated by the death or ument of the property of the pupillus.  The Tutor
capitis deminutio maxima and media of the Tutor. had the Actio tutelae contraria against the pupillus
The case of a Tutor being taken prisoner by the  for all his proper costs and expenses; and he
enemy has been stated. (Gaius, i. 187.)  A legi- might have also a Calumniae judicium, in case he
timus Tutor became disqualified to be Tutor legiti- could show that the pupillus had brought an action
mus if he sustained a capitis deminutio minima, against him from malicious motives.
which was the case if he allowed himself to be    In order to secure the proper management of the
adopted (Gaius, i. 195; Ulp. Fracg. tit. 11. s. 13); property of a pupillus or of a person who was In
but this was not the case with a testamentary  curatione, the Praetor required the Tutor or CuraTutor.  The tutela ceased by the death of the  tor to give security; but no security was required
pupillus or pupilla, or by a capitis deminutio, as for from Testamentary Tutores, because they had been
instance the pupilla coming in manum viri.  It selected by the testator; nor, generally, from  Cualso ceased when the pupillus or pupilla attained  ratores appointed by a Consul, Praetor or Praeses,
the age of Puberty, which in the male sex was for they were appointed as being fit persons.
fourteen and in the female was twelve. [IMPUBES.] (Gaius, i. 199.)
The tutela ceased by the abdicatio of the testa-    The Tutela of women who are puberes, requires
mentary Tutor, that is, when he declared " nolle  a separate consideration.  If they were not in
se tutorem esse."  The Tutor legitimus could only  Potestas or In Manu, yet they were under a
get rid of the Tutela, in such cases as he could get Tutela.
rid of it, by In jure cessio, a privilege which the    It was an old rule of Roman Law that a woman
Testamentary tutor had not. The person to whom  could do nothing " sine auctore," that is without a
the tutela was thus transferred was called Cessicius tutor to give to her acts a complete legal character.
Tutor. If the Cessicius Tutor died, or sustained a  (Liv. xxxiv. 2, the speech of Cato for the Lex
Capitis deminutio, or transferred -the tutela to  Oppia.)  The reasons for this rule are given by
another by the In jure cessio, the tutela reverted  Cicero (pro /lumena, c. 12), by Ulpian (Frag. tit.
to the legitimus tutor. If the legitimus tutor died, 11. s. 1) and by Gaius (i. 190); but Gaius conor sustained a capitis deminutio, the cessicia be- siders the usual reasons as to the rule being founded
came extinguished.  Ulpian adds (Frag. tit. xi. on the inferiority of the sex, as unsatisfactory; for
s. 8): " as to what concerns adgnati, there is now  women who are puberes (perfJctae aetatis) manage
no cessicia tutela, for it was only permitted to  their own affairs, and in some cases a tutor must
transfer by the In jure cessio the tutela of females, interpose his auctoritas (dicis causa), and frequently
and the legitima tutela of females was done away  he is compelled to give his auctoritas by the Praetor.
with by a Lex Claudia, except the tutela patro-  (Gaius, i. 190.)  Ulpian also observes (Frag. tit.
norum."  The power of the legitimus tutor to  11. s. 25): " in the case of pupilli and pupillae,
transfer the tutela, is explained when we consider tutores both manage their affairs and give their
what was his relation to the female.  [TEsTA- auctoritas (et negotia gerunt et auctoritatez- interMENTTJA.]                                       ponunt); but the tutores of women (mulieres, that
Tbte tutela of a tutor was terminated, when he  is women who are puberes) only give their aucto



TUTOR.                                           TUTOR.                 1179
ritas."  There were other cases also in wvhich the  The special cases in which the auctoritas of a Tutor
capacity of a Miulier was greater than that of a  was required were, if the woman had to sue " lege,"
Pupillus or Pupilla.  The object of this rule seems or in a legitimumjudicium, if she was going to bind
to have been the same as the restriction on the  herself by a contract, if she was doing any Civil
Testamentary power of women, for her Agnati act, or permitting her freedwoman to be in contuwho were a woman's Legitimi Tutores were in- bernium with the slave of another person, or alienterested in preventing the alienation of her pro- ating a Res Mancipi.  Among Civil Acts (civilia
perty.                                           negotia) was the making of a Testament, the rules
A Muller might have a Tutor appointed by her as to which are stated  in the article TESTAfather's Testament; or by the Testament of her IMENTUAi.  Libertae could not make a will withhusband in whose hand she was (tutor dativus), out the consent of their Patroni, for the will was
She might also receive from her husband's will the  an act which deprived the Patron of his rights
Tutoris Optio (tutor optivus). Women who had  (Gaius, iii. 43) as being a Legitimus tutor. Gaius
no testamentary Tutor, were in the tutela of their mentions a Rescript of Antoninus, by which those
Agnati, until this rule of law was repealed by a  who claimed the bonorum possessio secundum  taLex Claudia, which Gains (i. 157) illustrates as bulas non jure factas, could maintain their right
follows: " a masculus impubes has his frater against those who claimed it ab intestate. He adds,
pubes or his patruus for his tutor; but women  this Rescript certainly applies to the wills of males,
(faemninae) cannot have such a tutor."  This old  and also of feminae who had not performed the
tutela of the Twelve Tables (legitinma tutela) and  ceremony of Mancipatio or Nuncupatio; but he
that of manumissores (patronoruem tutela) could be  does not decide whether it applies to the testatransferred by the In jure cessio, while that of ments of women made without the auctoritas of a
pupilli could not,'" being," as Gaius observes, tutor; and by tutor he means not those who ex"not onerous, for it terminated with the period of ercised the legitima tutela of parents or Patroni;
puberty."  But, as already suggested, there were  but Tutors of the other kind (alterius genesis, comother reasons why the Agnati could part with the  pare ii. 122 and i. 194, 195) who could be comtutela, which in the case of Patroni are obvious. pelled to give their auctoritas.  It would be a fair
The tutela of Patroni was not included within the  conclusion, however, that a woman's will made
Lex Claudia.  The Tutela fiduciaria was ap- without the auctoritas of such tutores, ought to be
parently a device of the lawyers for releasing a valid under the Rescript.
woman from the tutela legitima (Cic. pro Mzurena,    A payment made to a mulier was a release to
c. 12); though it seems to have been retained, the debtor, for a woman could part with Res nec
after the passing of the Lex Claudia, which took  Mancipi without the auctoritas of a Tutor: if,
away the tutela of Agnati over women, as a general however, she did not receive the money, but afmode by which a woman changed her Tutor. fected to release the debtor by acceptilatio, this was
(Gaius, i. 115.)  To effect this, the woman made  not a valid release to him. (Cic. Top. 11; Gaius,
a 6 coemptio fiduciae causa;'" she was then re- ii. 83, 85, iii. 171.)  She could not manumit
mancipated by the coemptionator to some person  without the auctoritas of a tutor. (Ulp. Frag. tit. i.
of her own choice: this person manumitted her by  s. 17; compare Cic. pro M. Coel. c. 29.) Gaius (ii.
Vindicta, and thus became her Tutor fiduciarius. 47) states that no alienation of a Res Mancipi
Thus the woman passed from her own fnamilia to  by a mulier in agnatorum tutela was valid unless
another, and her Agnati lost all claims upon her it was delivered with the anctoritas of a Tutor,
property, and her Tutor fiduciarius might be com- which he expresses by saying that her Res Manpelled by the Praetor to give his auctoritas to her cipi could not otherwise be the object of Usucapion,
acts.  (Gaius, i. 190, ii. ] 22.)                and that this was a provision of the Twelve Tables
A  tutor dativus was given to women under the  (ii. 47).  In other cases, if a Res Mancipi was
Lex Atilia, when there was no tutor; and in other transferred by tradition, the purchaser acquired the
cases which have been already mentioned. (Gaius, Quiritarian ownership by Usucapion [UsUCAPIO];
i. 173, &c.; Ulp. Frag. tit. 11.) The Vestal Virgins but in the case of a woman's Res Mancipi, the
were exempt from tutela; and both Ingenuae and  auctoritas of the Tutor was required in order that
Libertinae were exempted from tutela by the Jus  Usucapion might be effected.  In another passage
Liberorum. (Gaius, i. 145, 194.)  Octavia, the  (ii. 80) Gaiuns observes that a woman cannot
sister of Caesar Octavianus, and his wife Livia, alienate her Res Mancipi without the auctoritas of
were released from Tutela by a special enactment. her tutor, which means that the formal act of
(Dion Cass. xlix. 38.)  The tutela of feminae mancipatio is null without his auctoritas; and such
was determined by the death of the Tutor, or that act could not operate as a traditio for want of his
of the woman; and by her acquiring the Jus  auctoritas as appears from the other passage (ii. 47).
Liberorum, either by bearing children, or from the  The passage of Cicero (pro Fltcco, c. 34) is in acImperial favour.  The abdicatio of the Tutor, and  cordance with Gaius; but another (ad Att. i. 5) is
the In jure cessio (so long as the In jure cessio  expressed so vaguely, that though the explanation
was in use) merely effected a change of Tutor.    is generally supposed to be clear, it seems exMulieres differed from pupilli and pupillae in  ceedingly doubtful, if it can be rightly understood.
having a capacity to manage their affairs, and only  The possibility of Uusucapion, when there was the
requiring in certain cases the Auctoritas of a Tutor. auctoritas of the Tutor, appears from Gaius; but
If the woman was in the legitima tutela of patroni it does not appear why Cicero should deny, geneor parentes, the Tutores could not be compelled, rally, the possibility of Usucapion of a woman's
except in certain very special cases, to give their property, when she was in Legitima Tutela. The
auctoritas to acts which tended to deprive them of passage, however, is perfectly intelligible on the
the woman's property, or to diminish it before it supposition of there having been a transfer without
might come to their hands.  (Gaius, 192.) Other the auctoritas of a Tutor, and on the further supTutores could be compelled to give their auctoritas. position of Cicero thinking it unnecessary to state




1180            TYMPANUM.                                          TYMPANUM.
the particular facts of a case which must lhave been  ea rotunditas, aversis planities, ob id tympania
known to Atticus.  (See Casaubon's note on Cic. vocantur." (H. N. ix. 54.)  Both forms are repread Att. i. 5.)                                    sented in the cuts below.  That upon the left is
Tihe auctoritas of a Tutor was not required in  from a painting found at Pompeii (liaus. Borboz.
the case of any Obligatio by which the woman's tom. vii. tav. 37), that on the right from  a fictile
condition was improved; but it was necessary in  vase (Millin, Peinteres de Vases lAntiques, pl. 56),
cases where the woman became bound.  (Gaius, i. and here the convexity on the under side is dis192, iii. 108; Ulp. Frag. tit. 11. s. 27; Cic. pro  tinctly seen.  Tyrmpana were covered with tha
Caecin. 25.)  If the woman wished to promise a
Dos, the auctoritas of a Tutor was necessary.
(Cic. pro Flacc. 35.)  By the Lex Julia, if a
woman was in the legitima tutela of a pupillus,
she might apply to the Praetor Urbanus for a                    "' _
Tutor who should give the necessary auctoritas in
the case of a Dos constituenda.  (Gaius, i. 178;
Ulp. Freg. 11. tit. 20.) As a woman could alienate
Res nec mancipi without the consent of a Tutor,                                        t
she could contract an obligation by lending money,3                                ii!]
for by delivery the money became the property of
the receiver.  A senatusconsultum  allowed a woman to apply for a Tutor in the absence of her
Tutor, unless the Tutor was a Patronus; if he was hides of oxen (Ovid. Fast. iv. 342; Stat. Tleb. ii.
a Patronus, the woman could only apply for a  78) or of asses (Phaedr. iii. 20. 4), were beaten
Tutor in order to have his auctoritas for taking  (Suet. Aulg. 68) with a stick (Phaedr. 1. c.) or
possession of an hereditas (ad hereditacten adeun- with the hand (Ovid. Met. iv. 30; see cuts), and
daun) or contracting a marriage.                   were much employed in all wild enthusiastic reliThe Tutela of a woman was terminated by the  gious rites (Aristoph. Lysistr. i. 387), especially
death of the Tutor or that of the woman; by a  the orgies of Bacchus and of Cybele (Catull.
marriage by which she came in manum viri; by  lxiv. 262; Claud. de Cons. Stilich. iii. 365; Lucret.
the privilege of children (izus liberoru?7); by abdi- ii. 618; Catull. lxiii. 8; Virg. Aen. ix. 619; Claud.
catio, and also by the in jure cessio, so long as the  Eutrop. i. 278; compare Lobeck, Aglaophamzus,
Agnatorum tutela was in use: but in these two last pp. 630, 652), and hence Plaiutus (Truec. ii. 7. 49)
cases there was only a change of Tutor.            characterises an effeminate coxcomb as "Moechum
A woman had no right of action against her mralacum, cincinnatum, umbraticolam, tympanotriTutor in respect of his Tutela, for he had not the  bam."  According to Justin  (xli. 2) they were
Negotiorum gestio, or administration of her pro- used by the Parthians in war to give the signal for
perty, but only interposed his Auctoritas. (Gaius, the onset.
i. 191.)                                             2. A  solid wheel without spokes for heavy
The tutela mulierum existed at least as late as  waggons (Virg. Georg. iv. 444), such as is shown
Diocletian, A. D. 293 (Vat. Frag. ~ 325).  There  in the cut on page 923.  These are to this day
is no trace of it in the Code of Theodosius, or in  common in the rude carts of southern Italy and
the legislation of Justinian.                      Greece, and Sir C. Fellows (Excursions in Asia
(The most recent and the most complete work on  2Minor, p. 72), from whose work the figure below
the Roman Tutela is said to be by Rudorff (Das  is copied, found them attached to the farm vehicles
Rec/lt der Vosr7undsc/caft, 1832-1834), the sub- of Mysia.  "The wheels are of solid blocks of
stance of which appears to be given by Rein, Das  wood, or thick planks, generally three, held toR;bu. Privatrecl7t, p. 239, &c.; Gaius, i. 142-200; gether by an iron hoop or tire; a loud creaking
Ulp. Frag. xi. xii.; Inst. 1. tit. 13-26; Dig. 26  noise is made by the friction of the galled axle,"
and 27; Cod. 5. tit. 28-75.)           [G. L.      a  satisfactory commentary on  the  "stridentia
TU:TULUS was the name given to a pile of plaustra" of Virgil (Georg. iii. 536).
hair on a Wtoman's head.  Great pains were taken
by the Roman ladies to have this part of the hair
dressed in the prevailing fashion, whence we read
in an inscription of an orsnatrix a  tutulo.  (Gruter,
579. 3.)  Sometimes the hair was piled up to an
enormous height. (Lucan, ii. 358; Juv. vi. 503;
Stat. Silvt. i. 2. 114.)  The Tutulus seems to have
resembled very much the Greek icdpvuelos, of which
a representation is given in the first woodcut on
p. 329, a.                                           3. Hence, wheels of various kinds, a sort of
The Flaminica always wore a Tutulus, which  crane worked by a wheel for raising weights
was formed by having the hair plaited up with a  (Lncret. iv. 903; Vitruv. x. 4; ANTLIA), a wheel.
purple band in a conical form.  (Festus, s. v.)    for drawing svater (Vitruv. x. 14), a solid toothed
TY'MPANUM  (v'tra'vov), a small drum car-  wheel forming part of the machinery of a mill
ried in the hand.  Of these, some resembled in all (Vitruv. x. 9, 10), and the like.
respects a modern tambourine with bells.  Others    4. An ancient name for round plates or chargers,
presented a flat circular disk on the upper surface  such as were afterwards called laences and staterae.
and swelled out beneath like a kettledrum, a shape  (Plin. H. N.  xxxiii. 52.)
which appears to be indicated by Pliny when he    5. An architectural term signifying the flat surdescribes a particular class of pearls in the follow- face or space within a pediment, and also the
ing terms: " Quibus una tantum  est facies, et ab  square panel of a door, (Vitruv, iii. 3, iv. 6.)




-TYRANNUS.                                         TY RANNUS.                1181
6. A wooden cudgel for beating malefactors, and  rence attached to old name and long prescription,
also a beating post to which they were tied when  was hailed by the lower orders of people as a good
flogged; hence the Greek verbs TruuzravigElv and  exchange, after suffering under the domination of
&awn7or'Travi'iElv are formed. (Schol. ad Aristoph. the oligarchy.  All tyrannies, however, were not
Plut. 476; St. Paul, E.p. to Hebrews, xi. 35; Pol- so acceptable to the majority; and sometimes we
lux, viii. 70.)                      [W. R.]   find the nobles concurring in the elevation of a
TYPUS (Trhros), which properly means a blow, despot, to further their own interests.  Thus the
and hence the effect of a blow, and specifically a  Syracusan Gamooi, who had been expelled by the
mark or impress made by a blow, is applied in the  populace, on receiving the protection of Gelon,
arts to any die or mould, and to any figure formed  sovereign of Gela and Camarina, enabled him to
by striking from a die, or by casting in a mould, take possession of Syracuse, and establish his kingor even by cutting, as a cameo or intaglio, and, dom there.  (Herod. vii. 154, 155.)  Sometimes
more generally, to any figuire whatever, as being  the conflicting parties in the state, by mutual conthe type orfacsimile of the thing represented by it. sent, chose some eminent man, in whom they had
(See the Lexicons.)  By the typi which Cicero  confidence, to reconcile their dissensions; investing
(ad Att. i. 10) commissions Atticus to obtain for him with a sort of dictatorial power for that purhim  to work into the plastering of his atrimZni, he pose, either for a limited period or otherwise.
probably means reliefs of any sort.  The different Such a person they called aiovuxt7'rTs.  [AESYMspecific meanings included in the word are more  NET ES.]
exactly expressed by certain compounmds, such as    A similar authority was conferred upon Solon,
a&rirTv7ros, the copy or imjpress of a rV7ros, a die or when Athens was torn by the contending factions
nzould; Ei'Trvos and E'vrTrowea, a sunken pattern or of the AidiKpLo, nes&a7oi, and  IdapaXoi, and he
intaglio; Etc'rvros, a relief of any kind, especially a  was requested to act as mediator between them.
cameo, and, more specifically, a 7iglh-reliief, as op- Solon was descended from  Codrus, and some of
posed to 7rpo'rv7ros, a low-relief.) Comp. FICTILE, his friends wished him to assume the sovereignty;
p. 532, a; FORMA.                     [P. S.]   this he refused to do, but, taking the constituTYRANNUS (vTrpavvos).  In the heroic age tional title of Archon, framed his celebrated form
all the governments in Greece were monarchical, of polity and code of laws. (Herod. i. 29; Plut.
the king uniting in himself the functions of the  Solon. c. 13, &c.; Schbmann, Antiq. Jeur. p2ul. GCr.
priest, the judge, and military chief.  These were p. 173.)  The legislative powers conferred upon
the?raTrpLcal 6aoslesat of Thucydides. (i. 13.) In  Draco, Zaleucus, and Charondas, were of a similar
the first two or three centuries following the Trojan  kind, investing them'with a temporary dictatorwar various causes were at work, which led to the  ship.
abolition, or at least to the limitation, of the kingly    The T'rpaiveos must be distinguished, on the one
power.  Emigrations, extinctions of families, disas- hand, from the aievov'ltrq s, inasmuch as he was
ters in war, civil dissensions, may be reckoned  not electedby general consent, but commonly owed
among these causes.  Hereditary monarchies be- his elevation to some coup d'etat, some violent
came elective; the different functions of the king  movement or stratagem, such as the creation of a
were  distributed; he was called 6pxwv, ticyduos, body-guard for him by the people, or the seizure
or 7rpvTavis, instead of BariXe's, and his character of the citadel (Herod. i. 59; Thucyd. i. 126)
was changed no less than his name.  Noble and  and on the other hand, from  the ancient king,
wealthy families began to be considered on a foot- whose right depended, not on usurpation, but on
ing of equality with royalty; and thus in process inheritance and traditionary acknowledgment. The
of time sprang up oligarchies or aristocracies, which  power of a king might be more absolute than that
most of the governments that succeeded the ancient of a tyrant; as Pheidon of Argos is said to have
monarchies were in point of fact, though not as made the royal prerogative greater than it was
yet called by such names.  These oligarchies did  under his predecessors; yet lie was still regarded
not possess the elements of social happiness or sta- as a king; for the difference between the two
bility. The principal families contended with each  names depended on title and origin, and not on
other for the greatest sharle  of power, and were the manner in which the power was exercised.
only unanimous in disregarding the rights of those  (Aristot. Polit. v. 8.)  The name of tyrant was
whose station was beneath their own. The people, originally so far from denoting a person who abused
oppressed by the privileged classes, began to regret his power, or treated his subjects with cruelty,
the loss of their old paternal form of government; that Peisistratus is praised by Thucydides (vi. 54)
and were ready to assist any one who would at- for the moderation of his government;  and Hetempt to restore it.  Thus were opportunities af- rodotus says, he governed oUre'-T7CqS  Tas sconas
forded to ambitious and designing men to raise  ovm'rap8das, oise eio-UlIa ieTraXAdtas, E7rL Tre  Tro
themselves, by starting up as the champions:of tca'EU'reCero ES'exe'srV rdA7iv icosluev icaxAs Tre
popular right.  Discontented nobles were soon  Kal es. (i. 59.)  Therefore we find the words
found to prosecute schemes of this sort, and they   aoiXaevs and'rSpavvos used promiscuously by the
had a greater chance of success, if descended from  Attic tragediails passizi (see the Argument of the.the ancient royal family.  Peisistratus is an ex- Oedipus Tyramnnus); and even by prose authors.
ample; he was the more acceptable to the people  Thus Herodotus calls the Lydian Candaules TS-o.of Athens, as being a descendant of the family of pavvos (i. 7), the kingdom of Macedonia rvpavvip
Codrus.  (Herod. v. 65.)  Thus in many cities  (viii. 137), and Periander of Corinth  a~o-Aesr.
arose that species of monarchy which the Greeks  (iii. 52; compare v. 27, 92.) - Afterwards, when
called rvupavvis, which meant only a despotisms, or tlyrants themselves had become odious, the name
irresponsible dominion of one manll; and which  also grew to be a word of reproach, just as rex
frequently was nothing more than a revival of the  did among the Romans. (Wachsmuth, Hellen. Alt.
ancient government, and, though unaccompanied  vol. i. pt. i. pp. 279-288, I1st ed.; Thirlwall, iest.
with any recognized hereditary title, or the reve- of Greece, vol. i. pp. 401, 404.)




1182           TYRANNUS.                               TYRANNIDOS GRAPHE.
Among the early tyrants of Greece those most maintain his state.  Peisistratus had the tithe of
worthy of mention are: -- Cleisthenes of Sicyon, land, which his sons reduced to the twentieth.
grandfather of the Athenian Cleisthenes, in whose  [TELos.]
family the government continued for a century    The causes which led to the decline of tyranny
since its establishment by Orthagoras, about B. c. among the Greeks were partly the degeneracy of
672 (Herod. v. 67, 69); Cypselus of Corinth, who  the tyrants themselves, corrupted by power, indoexpelled the Bacchiadae, B. c. 656, and his son  lence, flattery, and bad education; for even where
Periander, both remarkable for their cruelty; their the father set a good example, it was seldom foldynasty lasted between seventy and eighty years  lowed by the son; partly the cruelties and excesses
(Herod. v. 92); Procles of Epidaurus (Herod. iii. of particular men, which brought them all into
50, 52); Pantaleon of Pisa, who celebrated the  disrepute; and partly the growing spirit of inquiry
thirty-fourth Olympiad, depriving the Eleans of among the Greek people, who began to speculate
the presidency (Pausan. vi. 21, 22); Theagenes  upon political theories, and soon became disconof Megara, father-in-law to Cylon the Athenian  tented with a form of government, which had no(Thucyd. i. 126); Peisistratus, whose sons were  thing in theory, and little in practice, to recommend
the last of the early tyrants on the Grecian conti- it.  Few dynasties lasted beyond the third genenent.                                          ration. Most of the tyrannies, which flourished
In Sic:ly, where tyranny most flourished, the  before the Persian war, are said to have been overprincipal were Phalaris of Agrigentum, who es- thrown by the exertions of Sparta, jealous probably
tablished his power in B. C. 568, concerning whose  of any innovation upon the old Doric constitution,
supposed epistles Bentley wrote his famous treatise; especially of any tendency to ameliorate the conTheron of Agrigentum; Gelon, already mentioned, dition of the Perioeci, and anxious to extend her
vho, in conjunction with Theron, defeated Hamil- own influence over the states of Greece by means
car the Carthaginian, on the same day on which  of the benefits which she conferred. (Thucyd. i.
the battle of Salamis was fought; and Hiero, his  18.)  Upon the fall of tyranny, the various repubbrother: the last three celebrated by Pindar. (See  lican forms of government were established, the
Herod. vii. 156, 165, 166.)  In Grecian Italy we  Dorian states generally favouring oligarchy, the
may mention Anaxilaus of Rhegium, who reigned  Ionian democrary. (Wachsmuth, vol. i. pt. i. p.
B. C. 496 (Herod. vi. 23, vii. 165); Cleinias of 289; Schimann, Id. pp. 84, 88-91.)
Croton, who rose after the dissolution of the Py-    As we cannot in this article pursue any historical
ihcagorean league; (as to which see Polyb. ii. 39; narrative, we will shortly refer to the revival of
Athen. xii. p. 522, xiv. p. 623; Thirlwall, Id. tyranny in some of the Grecian states after the end
vol. ii. p. 154.)  The following also are worthy  of the Peloponnesian war. In Thessaly Jason of
of notice: Polycrates of Samos (Herod. iii. 39, Pherae raised himself, under the title of Tayds, B. c
56, 120, 125; Thucyd. i. 13); Lygdamis of 374, to the virtual sovereignty of his native city,
Naxos (Herod. i. 61, 64); Histiaeus and Aris- and exercised a most extensive sway over most of
tagoras of Miletus. (Herod. iv. 137, v. 23, 30, 37, the Thessalian states, but this power ceased with
vi. 29.)  Perhaps the last mentioned can hardly  Lycophron, B. C. 353.  [TAUos.]  In Sicily, the
be classed among the Greek tyrants. as they were  corruption of the Syracusans, their intestine disconnected with the Persian monarchy.  (Wachs- cords, and the fear of the Carthaginian invaders,
muth, Id. vol. i. pt. i. p. 274.)              led to the appointment of Dionysius to the chief
The general characteristics of a tyranny were, military command, with unlimited powers; by
that it was bound by no laws, and had no recog- means of which he raised himself to the throne,
nized limitation to its authority, however it might B. c. 406, and reigned for 38 years, leaving his son
be restrained in practice by the good disposition of to succeed him.  The younger Dionysius, far in..
the tyrant himself, or by fear, or by the spirit of the  ferior in every respect to his father, was expelled
age. It was commonly most odious to the wealthy  by Dion, afterwards regained the throne, and was
and noble, whom  the tyrant looked upon with  again expelled by Timoleon, who restored liberty
jealousy as a check upon his poxver, and whom he  to the various states of Sicily.  (For their history
often sought to get rid of by sending them into  the reader is referred to Xenoph. Hell. ii. 2. ~ 24;
exile or putting them to death.  The advice given  Died. xiv. 7, 46, 66, 72, 109, xv. 73, 74, xvi. 5,
by Thrasybulus of Miletus to Periander affords an  16, 36, 68, 69, &c.; Plut. Dion. and Timol.;
apt illustration of this. (Herod. v. 92.) The tyrant Wachsmuth, vol. i. pt. ii. pp. 316-326.)  With
usually kept a body-guard of foreign mercenaries, respect to the dynasty of the Archaenactidae i t
by aid of whom he controlled the people at home; the Cimmerian Bosporus, and some of the towns
but he seldom ventured to matke war, for fear of on the coast of the Euxine, see XVachsmuth, vol. i.
giving an opportunity to his subjects to revolt. pt. ii. p. 329.  Lastly, we may notice Evagoras
The Sicilian sovereigns form an exception to this  of Cyprus, who is panegyrized by Isocrates; Pluobservation. (Thulcyd. i. 17.) He was averse to a  tarch of Eretria, Callias and Taurosthenes of
large congregation of men in the town, and en- Chalcis, who were partisans of Philip against the
deavoured to find rustic employments for the popu- Athenians. (Plut. Phsoc. 12; Isocr. Evay.; Wachslace; but was not unwilling to indulge them with  muth, vol. i. pt. ii. p. 330.)  The persons comnshows and amusements. A few of the better sort monly called the thirty tyrants at Athens, who obhcultivated literature and the arts, adorned their tained the supreme power at the close of the Pelocity with handsome buildings, and even passed good  ponnesian war, do not fall within the scope of the
laws.  Thus, Peisistratus commenced building the  present subject.  With respect to the Athenian
splendid temple of Jupiter Olympus, laid out the  laws against tyranny, and the general feelings of
garden of the Lyceum, collected the Homeric  the people, see PRODOSIA.           [C. R. K.]
poems, and is said to have written poetry himself.    TYRANNIDOS GRAPHE (rvupavvios'ypa.
Tribute was imposed on the people, to raise a  (p5).  [PRODOSIA.]
revenue for the tyrant, to pay his mercenaries, and




VrALLUM.                                            VAS.                  1183
the form of a circle. Between the walls were the
U. V.                        huts of the besiegers.  The walls had battlements
(i&rdXEtLs), and at every tenth battlement was a
VACA'NT1A  BONA.  [BONA VACANTIA.]  tower, filling up by its depth the whole space beVACA'TIO.  [ExERCITUS, p. 499.]               tween the walls.  There was a passage for the beVADIMO'NIUM.  [AcTIo, p. 11; PRAES.]  siegers through the middle of each tower.  On the
VAGI'NA.  [GI ADIUS.]                          outside of each wall was a ditch (-rcqppoE).  This
VALLUM, a term applied either to the whole  description would almost exactly answer for the
or a portion of the fortifications of a Roman camp. Roman mode of circumvallation, of which some of
It is derived from vallus (a stake), and properly  the best examples are that of Carthage by Scipio
means the palisade which ran along the outer edge  (Appian, Punic. 119, &c.), that of Numantia by
of the top of the agger, but it very frequently in-  Scipio (Appian, Iispano. 90), and that of Alesia
eludes the agger also.  The vallums, in the latter  by Caesar (Bell. Gall. vii. 72, 73).  The towers inl
sense, together with the fossca or ditch which sur-  such lines were similar to those used in attacking
rounded the camp outside of the vall m, formed a  fortified places, but not so high, and of course not
complete fortification.  [AGGERu.]               moveable.  [TURRIS.]
The valli (Xipalces), of which the vallanm, in the    (Lipsius, de Mlilit. Rom. v. 5, in Oper. iii. pp.
former arnd more limited sense, was composed, are  156, 157; Poliorc. ii. 1, in Oper. iii. 283.) [P.S.]
described by Polybius (xviii. i. 1, Exce-Tpt. Antiq.    VALLUS.  [VALLUMa.]
xvii. 14) and Livy (xxxiii. 5), who make a cornm-    VALVAE.  [JANUA, p. 625, b.]
parison between the valltns of the Greeks and that    VANNUS (xiCt0o's, Xicov), a winnowing-fan,
of the Romans, very much to the advantage of the  i. e. a broad basket, into which the corn mixed
latter.  Both used for valli young trees or arms of with chaff (acus, {Xvpa) was received after thrash,larger trees, with the side branches on them; but ing, and was then thrown in the direction of thel
the valli of the Greeks were much larger and had  wind.  (Col. de Re Rust. ii. 21; Virg. Georg. iii.
more branches than those of the Romans, which  134.)  It thus performed with greater effect and
had either two or three, or at the most four convenience the office of the pala ligynea, or winbranches, and these generally on the same side. nowing-shovel.  [PALA.]  Virgil (Georg. i. 166)
The Greeks placed their valli in the agger at con- dignifies this simple implement by calling it systica
siderable intervals, the spaces between them being  vannus Iacclhi.  The rites of Bacchus, as well as
filled up by the branches; the Romans fixed theirs  those of Ceres, having a continual reference to the
close together, and made the branches interlace, occupations of rural life, the vannus was borne in
and sharpened their points carefully.  Hence the  the processions celebrated in honour of both these
Greek vallus could easily be taken hold of by its  divinities.  Hence ALcrV'rsjs (Hesych. s. v.) was
large branches and pulled from its place, and when  one of the epithets of Bacchus. In an ANTEFIX A
it was removed a large opening was left in the  in the British Museum (see the annexed woodcut)
vallum.  The Roman vallus, on the contrary, pre- the infant Bacchus is carried in a vannus by two
sented no convenient handle, required very great dancing bacchantes clothed in skins, the one male
force to pull it down, and even if removed left a  and carrying a THYRsus, the other female and
very small opening.  The Greek valli were cut on  carrying a torch [FAX].  Other divinities were
the spot; the Romans prepared theirs beforehand,
mllid each soldier carried three or four of them when I   I A | & ]' l
on a march. (Polyb. 1. c.; Virg. Georg. iii. 346,
347; Cic. Tusc. ii. 16.)  They were made of any                    
strong wood, but oak was preferred.
The word vallus is sometimes used as equivalent
to vallunm. (Caesar, Bell. Civ. iii. 63.) -
A fortification like the Roman vallum was used    i                   B
by the Greeks at a very early period. (Honl. It.        Xi 
ix. 349, 350.)
Varro's etyniology of the word is not worth
much (L. L. v. 117, ed. Miiller).
In the operations of a siege, when the place               )
could not be taken by storm, and it became necessary to establish a blockade, this was done by         -
drawing defences similar to those of a camp round
the town, which was then said to be circumvall- 
tem2..  Such a circumvallation, besides cutting off
all communication between the town and the sur- sometimes conceived to have been cradled in the
rounding country, formed a defence against the sme manner. (Callim. Jov. 48; Schol. in loc.;
sallies of the besieged.  There was often a double  Hoem. II. ins lMerc. 254.)  The vannus was also
line of fortifications, the inner against the town, used in the processions to carry the instruments of
and the outer against a force that might attempt to  sacrifice and the first fruits or other offerings,
raise the siege.  In this case the army was en- those who bore them being called the AXicvoo'pol.
camped between the two lines of works.           (Callirm. Cer. 127.)                  [J. Y.]
This kind of circumvallation, which the Greeks    VAPPA.  [VINUml.]
called 4&roretXtrrtexdT and 7rpTretX1Yio'Us, was em-    VAS.  [ACTIO, P. 11.; PRAES.]
ployed by the Peloponnesians in the siege of Pla-    VAS (pl. vasa), a general term for any kind of
taeae. (Thucyd. ii. 78, iii. 20-23.) Their lines  vessel. Thus we read of. vas vinacium', (Cic. Verr.
consisted of two walls (apparently of turf) at the  iv. 27), vas aygenteum (Cic. 1. c.; Hor. Sat. ii. 7.
distance of 16 feet, which surrounded the city in  72), vcsa Corinthia et Deliac  (Cic. pro Rose. A74.




1184            VECTIGAL1A.                                     VECTIGALIA.
46), vasa Sarnia, that is, made of Samian earthen- been very productive until the Romans had beo
ware (Cic. pro Mur. 36), vasa Murrlinace (Plin. come masters of foreign countries.  Until that
H. N. xxxvii. 2. s. 7). [MURRHINA VASA.] The  time the mines of Italy appear to have been
word vas was used in a still wider signification, worked, but this was forbidden by the senate  after
and was applied to any kind of utensil used in the  the conquest of foreign lands. (Plin. H.N..  xxxiii.
kitchen, agriculture, &c. Thus Plautus says (Aulul.  4, xxxvii. 13.)  The mines of conquered countries
i. 3. 17):-                                      were treated like the salinae, that is, they were
" Cultrum, securirn, pistil~lum, mortarium,  partly left to individuals, companies, or towns on
Qnae utenda vasa semper vicini roganta,   condition of a certain rent being paid (Plin. H. N.
Ftures venisse, atque  abstulisse dicito."  xxxiv.  1; Cic. Philip. ii. 19), or they were worked.
for the direct account of the state, or were farmed
(Comp. Dig. 33. tit. 7. s. 8; 34. tit. 2. s. 20). The  by the publicani.  In the last case, however, it
utensils of the soldiers were called vasa, and hence  appears always to have been fixed by the lex cenvasa colligere and vasa conclInmzae signify to pack  soria how many labourers or slaves the publicani
up the baggage, to give the signal for'departure  should be allowed to employ in a particular mine,
(Cic. Verr. iv. 19; Liv. xxi. 47, xxvii. 47; Caes. as otherwise they would have been able to derive
B. C. i. 66, iii. 37).                           the most enormous profits. (Plin. H. N. xxxiii. 4.)
UDO, a sock of goats-hair or felt.  (Mart. xiv. Among the most productive mines belonging to
140.)  Hesiod (Op. et Dies, 542) advises country- the republic we may mention the rich gold-mines
men to wear brogues (perones, KcapeaTivaL) made near Aquileia (Polyb. xxxiv. 10), the gold-mines
of ox-hide, with socks of the above description  of Ictimuli near Vercelli, in which 25,000 men:
within them. Socks of a finer felt were sometimes  were constantly employed (Plin. H. N. xxxiii. 4;
worn by the Athenians.  (Cratinus, p. 29, ed. Strab. v. p. 151), and lastly the silver-mines in
Runkel.)                              [J. Y.]    Spain in the neighbourhood of Carthago Nova,
VECTIGA'LIA, the general term for all the  which yielded every day 25,000 drachmas to the
regular revenues of the Roman state. (Cic. pro  Roman aerarium.  (Polyb. xxxiv. 9; comp. Liv.
Leg. 3candil. 6.)  The word is derived from vedo, xxxiv. 21.)  Macedonia, Thrace, Illyricum, Africa,
and is generally believed to have originally signi- Sardinia, and other places also contained very
fled the duties paid upon things imported and ex- productive mines, from which Rome derived conported (quae vehlebantur).  If this were true, it siderable income.
would necessarily imply that these duties were    6. The hundredth part of the value of all things
either the most ancient or the most important which were sold (centesinza  rerumz venaolia). This
)ranch of the Roman revenues, and that for either tax was not instituted at Rome until the time of
of these reasons the name was subsequently used  the civil wars; the persons who collected it were
to designate all the regular revenues in general. called coactores. (Cic. Ep. ad Brut. i. 18, pro RIab.
But neither point is borne out by the history of Post. 11.)  Tiberius reduced this tax to a two-,
Rome, and it seems more probable that vectigal hundredth (ducentesimca), and Caligula abolished it
means anything which is brought (vehituor) into  for Italy altogether, whence upon several coins of
the public treasury, like the Greek 4pdpos.  The  this emperor we read a. c. c., that is, Renmissa
earliest regular income of the state was in all pro- Ducentesimca. (Tacit. Annal. i. 78, ii. 42; Suet.
bability the rent paid for the use of the public  Calig. 16.)  According to Dion Cassius (lviii. 16,
and and pastures. This revenue was called p(asczte, lix. 9) Tiberius restored the centesima, which was
a name which was used as late as the time of afterwards abolished by Caligula. (Comp. Dig. 50.
Pliny (H. N. xviii. 3), in the tables or registers of tit. 16. s. 17. ~ 1.)  Respecting the tax raised
the censors for all the revenues of the state in  upon the sale of slaves see QUINQUAGESIMA.
general.                                           7. The vicesima hereditatium et manumissionum.
The senate was the supreme authority in all [VoICESIMA.]
matters of finance, but as the state itself did not    8. The tribute imposed upon foreign countries
occupy itself with collecting the taxes, duties, and  was by far the most important branch of the public
tributes, the censors were entrusted with the actual revenue during the time of Rome's greatness.  It
business.  These officers, who in this respect may  was sometimes raised at once, sometimes paid by
not unjustly be compared to modern ministers of instalments, and sometimes changed into a poll-tax,
finance, used to let the various branches of the re- which was in many cases regulated according to
venue to the publicani for a fixed sum, and for a  the census. (Cic. c. Verr. ii. 53, 55, &c.; Pans. vii.
certain number of years. [CENsOR; PUBLICANI.]  16.), In regard to Cilicia and Syria we know that
As most of the branches of the public revenues  this tax amounted to one per cent, of a person's
of Rome are treated of in separate articles, it is census, to which a tax upon houses and slaves was
only necessary to give a list of them  here, and to  added. (Cic. ad Fcaos. iii. 8, ad Att. v. 1.6  Appian,
explain those which have not been treated of sepa- de Reb. Syr. 50.)  In some cases the tribute was
rately.                                          not paid according to the census, but consisted in
1. The tithes paid to the state by those who oc- a land-tax. (Appian, de Bell. Civil, v. 4; colmp
cupied the ager publicus. [DECUMAE; AGRARIAE  Walterj Gesch7. des Rom. Rectls, p. 224, &c.)
IaGE s.]                                           9. A tax upon bachelors.  [AES  UxoRIUM.]
2. The sums paid by those who kept their cat-    10. A door-tax.  [OSTIARIUM.]
tle on the public pastures.  [SCRIPTURA.]          11. The octavae.  In the time of Caesar all
3. The harbour duties raised upon imported and  liberti living in Italy and possessing property of
exported commodities.  [PORTORIUM.]              200 sestertia, and. above it, had to pay a tax con4. The revenue derived from  the salt-works. sisting of the eighth part of their property. (Dion
[SALINAE.]                                  -   Cass. 1. 10.)
5. The revenues derived from the mines (mzetalla).   It would be interesting to ascertain the amount
This branch of the public revenue cannot have  of income v which Rome at. various periods derived




VEHES.                                            VELUM.]                       185
from these and other sources; but our want of in-  nexed woodcut is from  a bas-relief representing
formation renders it impossible.  We have only  two females engaged in supplication and sacrifice
the general statement that previously to the time  before the statue of a goddess. The altar is adorned
of Pompey the annual revenue amnounted to fifty  for the occasion  [SERTUmr], and the curtain is
millions of drachmas, and that it was increased by  drawn aside and supported by a terminus. (Guathim  to eighty-five millions.  (Plut. Pomp. 45.)  tani, Mon. Ined. per 1786, Nov. T. iii.)
Respecting the sums contained at different times
in the aerarium at Rome, see Pliny, HI. N.  xxxiii.
17.
(Burmann, de Vectig. Pop. Romani; Reg'ewisch,                                            /
Versnch ib6er die Rais.. Finanzen; Bosse, G rundzgeiie 
des Finanzwesens ize Riezn. Staat.; Dureau de la
Maile,. Economzic Politiqoce des Romains, Paris, 2                  /
vols. 8110.)                            [L. S.] 
VEHES  ((`Xqua), a load of hay, manure, or                      / 
anything which was usually conveyed in a cart.         fl
[PLAUSTRUM.] Pliny speaks of "a large load of 
hay" (verhem foeni large onustnam, Plin. H. N.
xxxvi. 15. s. 24), which shows that this term did
not always denote a fixed quantity.  Wiith the
Romans, however, as with us, the load was likewise used as a measure, a load of manure being
equal to eighty modii, which was about twenty
bushels. (Col. de Re Rzust. ii. 15, 16, xi. 2.)  The
trunk of a tree, when squared, was also reckoned
a load, the length varying according to the kind of    t
timber, viz. 20 feet of oak, 25 of fir, &c. (Col. I. c.)
A load was also called CARPENTUL.   [J. Y.]          In the theatres there were hanging curtains to
VELA'RIRUM.  [VELUM.]                           decorate the scene. (Virg. Geory. iii. 25; Propert.
VELAITI was a name given to the Accensi in  iv. 1. 15.)  The SIPARIUMc was extended in a
the Roman army, who were only supernumerary  wooden frame.   The velarinum  was an awning
soldiers ready to supply any vacancies in the  stretched over the whole of the cavea to protect
legion.  [AccENSI.]  They were called Velati, the spectators from the sun and rain. (Juv. iv. 121
because they were only clothed (velati) with the  Sueton. Ccliq. 26.) These awnings were in general
saga, and were not regularly armed. (Festus, s. v. either woollen or linen; cotton was used for this
yelati, Adscripticii.)                            purpose a little before the time of Julius Caesar.
VE'LITES.  [EXERCITUS, pp. 503, a, 506, b.]  (Plin. H. N. xix. I. s. 6; Dion Cass. xliii. 24;
VELUM  (abVala, Theophrast. Char. 5; Athen. Lucret. vi. 108.)  This vast extent of canvass was
v. p. 196, c; Pollux, iv. 122; irapa7re'aTO'ua, supported by masts (mali, Lucret. I.c.) fixed into
Plato, Polit. p. 294, ed. Bekker; Synes. Epist. 4; the outer wall.  The annexed woodcut shows the
ra'aoreTaosua, Matt. xxvii. 51),a curtain; (lrr'-ov),  form  and position of the great rings, cut out of
at sail.  In private houses curtains were either  lava, which remain on the inside of the wall of
hung as coverings over doors (Sueton. Claud. 10), the Great Theatre at Pompeii near the top, and
or they served in the interior of the house as sub-  which are placed at regular distances, and one of
stitutes for doors.  (Sen. Epist. 81.)  [JANUtA.]  them above another, so that each mast was fixed
In the palace of the Roman emperor a slave, called  into two rings.  Each ring is of one piece with
s'elarius, was stationed at each of the principal
doors to raise the curtain when any one passed
through. (Inscript. cp. Pignor. de Servis, p. 470.)
Window.-curtains were used in addition to windowshutters. (Juv. ix, 80.) Curtains sometimes formed
partitions in the rooins (Plin. Epist. iv. 19), and,
when drawn aside, they were kept in place by the                   I,: —1
use of large brooches (fibzulae).  Iron curtain-rods
have been found extending from pillar to pillar in
a building at Herculaneum.  (Gell, Pompeiana,
vol. i. p. 160, Lon. 1832.)                                       X 
In temples curtains served more especially to
veil the statue of the divinity.  They were drawn
aside occasionally so as to discover the object of,/- 
worship to the devout. (Apuleius, Met. xi. p. 127,
ed. Aldi.) [PASTOPHORUS.] Antiochus presented
to the temple of Jupiter at Olympia a woollen curtain of Assyrian manufacture, dyed with the Tyrian
purple and interwoven with figures.  When the
statue was displayed, this curtain lay upon the
ground, and it was afterwards drawn up by means
of cords; whereas in the temple of Diana at the stone behind it.  At Rome we observe a
Ephesus the corresponding curtain or veil was at-  similar contrivance in the Coliseum; but the masts
tached to the ceiling, and was let down in order to  were in that instance ranged on the outside of
conccal the statue. (Paus. v. 12. ~ 2.)  The an- the wall, and rested on 240 consoles, from which
4,;




1 186            VENABULTUM.                                           VENATIO.
they rose so as to pass through holes cut in the  thing of the kind is in the year B. c. 251, when
cornice.  The holes for the masts are also seen in  L. Metellus exhibited  in  the Circus 142 elethe Roman theatres at Orange and other places.   phants, which he had brought from  Sicily after
Velum, and much more commonly its derivative  his victory over the Carthaginians, and which were
velamen, denoted the veil worn by women.  (Pru-  killed in the Circus according to Verrius, though
dent. c. Spyain. ii. 147.)  That worn by a bride  other writers do not speak of their slaughter.
was specifically calledflammeumz7ls [MATRIMONIUM,  (Plin. II. N. viii. 6.)  But this can scarcely be
p. 743, a]: another special term was RICA. Greek  regarded as an instance of a venatio, as it was unwomen, when they went abroad, often covered  derstood in later times, since the elephants are
their heads with the shawl [PEPLUM], thus mak-  said to have been only killed because the Romans
ing it serve the purpose of a veil.  But they also  did not know what to do with them, and not for
used a proper head-dress, called tcaXhrrpa (Apol-  the amusement of the people.  There was, howlod. ii. 6. ~ 6; Aelian, V. H. vii. 9), which besides  ever, a venatio in the later sense of the word in
serving to veil their countenances, whenever they  B. C. 186, iin the games celebrated by M. Fulvius
desired it, was graceful and ornamental, and was  in fulfilment of the vow which he had made in the
therefore attributed to Venus (Paus. iii. 15. ~ 8; Aetolian war; in these games lions and panthers
Brunck, Anal. ii. 459) and Pandora (Hes. Tbleog. were exhibited. (Liv. xxxix. 22.) It is mentioned
573).  The veil of Ilione, the eldest daughter of as a proof of the growing magnificence of the age
Priam, was one of the seven objects preserved at that in the Ludi Circenses, exhibited by the curule
Romne as pledges of the permanency of its power. aediles P. Cornelius Scipio Nasica and P. Lentulus
(Serv. in Virg. Aen. vii. 188.)                    B. C. 168, there were 63 African panthers and 40
Velmn also meant a sail (Zovio,, NAVIS, p. bears and elephants. (Liv. xliv. 18.)  From about
790, a; Xai-pos, Callim. Epig. v. 4; Eurip. Hec. this time combats with wild beasts probably formed
109).  Sail-cloth was commonly linen, and was  a regular part of the Ludi Circenses, and mane of
obtained in great quantities from  Egypt; but it the curule aediles made great efforts to obtain rare
was also woven at other places, such as Tarquinii  aTd curious animals, and put in requisition the serin Etruria.  (Liv. xxviii. 45.)  But cotton sail- vices of their friends. (Compare Caelius's letter to
cloth (carbasa) was also used, as it is still in the  Cicero, ad Farn. viii. 9.)  Elephants are said to
Mediterranean.  The separate pieces (lintea) were  have first fought in the Circus in the curule aediletaken as they came from the loom, and were sewed  ship of Claudius Pulcherh B. a. 99, and twenty
together.  This is shown in ancient paintings of years afterwards, in the curule aedileship of the
ships, in which the seams are represented as dis- two Luculli, they fought against bulls. (Piin. H. N.
tinct and regular.                     [J. Y.]    viii. 7.) A hundred lions were exhibited by Sulla
VENA'BULUM, a hunting-spear.  This may  in his praetorship, which were destroyed by javelinhave been distinguished from  the spears used in  men sent by king Bocchus for the purpose.  This
warfare by being barbed; at least it is -often so  was the first tinme that lions were allowed to be
formed in ancient works of art representing the  loose in the Circus; they were previously always
story of Meleager (Bartoli, As-lish 84) and other tied up.  (Senec. do Brev. Vit. 13.)  The games,
hunting scenes.  It was seldom, if ever, thrown, however, in the curule aedileship of Scaurus  B. C.
but held so as to slant downwards and to receive  58 surpassed anything the Romans had ever seen;
the attacks of the wild boars and other beasts -of among other novelties he first exhibited an hippochace.  (Virg. Aen. iv. 131, ix. 553; Varr. L.L. potamos and five crocodiles in a temporary canal
viii. 53, ed. MUller; Apul. Met. viii. pp. 78, 83, or trench (eursipus, Plin. H. N. viii. 40).  At the
ed. Aldi; Plin. Ep. i. 6.)            [J. Y.]    venatio given by Pompey in his second consulship
VENALICIA/RII.  [SERVrrS, P. 1040, a.]    B. C. 55, upon the dedication of the temple of
VENA'TIO, hunting, was the name  given  Venus Victrix, and at which Cicero was present
among the Romans to an exhibition of wild beasts, (Cic. ad Famrs. vii. I), there was an immense numwhich fought with one another and with men. ber of animals slaughtered, among which we find
These exhibitions originally formed part of the  mention of 600 lions, and 18 or 20 elephants: the
games of the Circus.  Julius Caesar first built a  latter fought with Gaetulians, who hurled darts
wooden amphitheatre for the exhibition of wild  against them, and they attempted to break through
beasts, which is called by Dion Cassius (xliii. 22) the railings (clathri) by which they were separated,IEaTpOV Ki2/l'YEt-05v, and the same name is given  from the spectators. (Senec. I. c.; Plin. viii. 7. 20.)
to the amphitheatre built by Statilius Taurus (Id. To guard against this danger Julius Caesar surIi. 23), and also to the celebrated one of Titus (Id. rounded the  arena of the  amphitheatre  with
lxvi. 24); but even after the erection of the latter trenches (eurispi).
we frequently read of Venationes in the Circus.    In the games exhibited by J. Caesar in his third
(Sport. Hadr. 19; Vopisc. Pr-ob. 19.)  The per- consulship, B. c. 45, the venatio Ilasted for five
sons who fought with the beasts were either con- days and was conducted with extraordinaty splendemned criminals or captives, or individuals who  dour.  Camelopards or giraffes were then for the
did so for the sake of pay and were trained for the  first time seen in Italy. (Dion Cass. xliii, 23;
purpose.  [BESTIARII.]                             Suet. Jul. 39; Plin. H-I. N. viii. 7; Appian, B. C.
The Romans were as passionately fond of this  ii. 102; Vell. Pat. ii. 56.)  Julius Caesar also inentertainment as of the exhibitions of gladiators, troduced bull-fights, in which Thessalian horsemen
and during the latter days of the republic and  pursued the bulls round the circus, and when the
under the empire an immense variety of animals  latter were tired out, seized them by the horns and
was collected from all parts of the Roman world for killed them.  This seems to have been a favourite
the gratification of the people, and many thousands  spectacle; it was repeated by Claudius and Nero.
were frequently slain at one time.  WVe do not (Plin. H. N. viii. 70; Suet. Claud. 21; Dion Cass.
know on what occasion a venatio was first exhibited  lxi. 9.)  In the games celebrated by Augustus,
at Rome.; but the first mention we find of any  B. c. 29, the hippopotamos and the rhinoceros were




rENATIO.                                         V ENATIO.                  1187
first exhibited, according to Dion Cassius (li. 22), sufficient to give an idea of the numbers and
but the hippopotamos is spoken of by Pliny, as variety of aninals at these spectacles; but the
mentioned above, in the games given by Scaurus. list of beasts which were collected by thle younger
Augustus also exhibited a snake 50 cubits in  Gordian for his triumph, and were exhibited by
length (Suet. Aug. 43), and thirty-six crocodiles, his successor Philip at the Secular Games, dewhich are seldom  mentioned in the spectacles of serve mention on account of their variety and the
later times.  (Dion Cass. Iv. 10.)                rarity of some of them.  Among these we find
The occasions on which Venationes were ex- mention of 32 elephants, 10 elks, 10 tigers (which
hihited have been incidentallyv mentioned above. seem  to have been very seldom  exhibited), 60
They seem to have been first confined to the Ludi tame lions, 30 tame leopards, IO hyaenas, an hipCircenses, but during the later times of the re- popotamos and rhinoceros, 10 archoleontes (it is
public, and under the empire, they were frequently  unknown what they were), 10 camelopards, 20
exhibited on the celebration of triumphs, and on  onagri (wild asses, or perhaps zebras), 40 wild
many other occasions, with the view of pleasing  horses, and an immense number of similar animals.
the people. The passion for these shows continued  (Vopisc. (Gordian, 33.)
to increase under the empire, and the number of    How  long these spectacles continued is uncerbeasts sometimes slaughtered seems almost incre-  tain, but they were exhibited after the abolition
dible. At the consecration of the great anphitheatre  of the shows of gladiators.  There is a law  of
of Titus, 5000 wild beasts and 4000 tame animals  Honorius and Theodosius, providing for the safe
were killed (Suet. Tit. 7; Dion Cass. lvi. 25), convoy of beasts intended for the spectacles, and
and in the games celebrated by Trajan, after his  inflicting  a penalty of five pounds of gold upon any
victories over the Dacians, there are said to have  one who injured themn. ( Cod. 11. tit. 44.)  They
been as many as 11,000 animals slaughtered. were exhibited  at this period at the praetorian
(Dion Cass. lxviii. 15.)  Under the emperors we  galnes, as we learn from Symmachus.  (Epist. ix.
read of a particular kind of Venatio, in which the  70, 71, 126, &c.)  Wild beasts continued to he
beasts were not killed by bestiarii, but were given  exhibited in the games at Constantinople as late
up to the people, who were allowed to rush into  as the time of Justinian. (Procop. t1ist. Arc. c. 9.)
the area of the circus and carry away what they    Combats of wild beasts are sometimes reprepleased.  On such occasions a number of large  sented on the coins of Roman families, as onr the
trees, which had been torn up by the roots, was  annexed coin of M. Livineius Reegrlus, which proplanted in the circus, which  thus resembled a  bably refers to the venatio of Julius Caesar menforest, and none of the more savage animals were  tioned above.
admitted into it.  A  Venatio of this kind was
exhibited by the elder Gordian in his aedileship,
and a painting of the forest with the animals in it        /_
is described by Julius Ca.pitolinus.  (Gordian, 3.)
On:? of the most extraordilnary    venationes of this
kind was that given by Probus, in which there                i  K
were  1000 ostriches, 1000 stags, 1000 boars-                r       o
1000 deer, and numbers of wild goats, wild sheep,                                  EC
and other animals of the salie kind.  (Vopise.
Probe  19.)  The mote savt\ge animals were slain
by the bestiarii in the amphitheatre, and not in    In the bas-reliefs on the tomb of Scaurus at
the circus.  Thus, in the day succeeding the ve- Pompeii, there are representations of combats with
natio of Probus just mentioned, there were slain  wild beasts, which are copied in the  hollowing
in  the amphitheatre  100 lions, and the same  woodcuts from,Iazois (Pomsp. i. pl. 32, 33).  On
number of lionesses, 100 Liby-an and 100 Syrian  the same tomb gladiatorial conlbats are repreleopards, and 300 bears. (Vopisc. 1. c.)  It is un- sented, which are figured on p. 576 of the present
necessary to multiply examples, as the above are work,
The first represents a man nake.d and unarmed  defenceless stite uod df course oniy their aility to
between a- lion and a panther.  Persons in this | trust to in order to escape from the beasts.  In the
y_                                                                                    1
second cut we see a similar person against whom a  the same relief there is a wolf running at full speed,
wild boar is rushing, and who appears to be pre-  and also a stag with a rope tied to his horns who
paring for a spring to escape from the animal.  In  has been pulled down by two wolves or dogs. The
4 G 2




1l8l             VENEFICIUM.                                    VENEFICIUT.
third relief is supposed by Mazois to represent the many as a hundred and seventy matrons lwere con.
training of a bestiarius.  The latter has a spear in  demned.  (Liv. viii. 18; compare Val. Max. ii. 5.
each hand; his left leg is protected by greaves, ~ 3; August. De Civ. Dei, iii. 17.) We next read of
and he is in the act of attacking a panther, whose poisoning being carried on upon an extensive scale
movements are hampered by a rope, which fastens as one of the consequences of the introduction of the
him to the bull behind him, and which accordingly  worship ofBacchus. (Liv. xxxix. 8.) [DIONYSIA, p.
places the bestiarius in a less dangerous position, 413.] In B. c. 184, the praetor,Q. Naevius Matho,
though more caution and activity are required than  was commanded by the senate to investigate such
if the beast were fixed to a single point.  Behind  cases (de veneficiis quaerere): he spent four months
the bull another man stands with a spear, who  in the investigation, which was principally carried
seems to be urging on the animal.  The fourth  on in the municipia and conciliabula, and, according
woodcut represents a man equipped in the same to Valerius of Antiurnm, he condemned  2000
way as the matador in the Spanish bull-fights in  persons.  (Liv. xxxix. 38. 41.). We again find
the present day, namely, with as-word in one hand  mention of a public investigation into cases of
and a veil in the other.  The veil was first em- poisoning by order of the senate, in B. C. 180,
when a pestilence raged at Rome, and  many
i ~ r~                           I ~-9i of the magistrates and other persons of high rank
b1 had perished.  The investigation was conducted
in the city and within ten miles of it by the
__ praetor C. Claudius, and beyond the ten miles
by the praetor C. Maenius.  Hostilia, the widow
of the consul C. Calpurnins, who had died in that
year, was accused of having poisoned her husband,
ployed in the arena in the time of the emperor and condemned on what appears to have been mere
Claudius.  (Plin. H. N. viii. 21.)               suspicion.  (Liv. xl. 37.)  Cases of what may be
VENEFI'CIUM, the crime of poisoning, is called private poisoning, in opposition to those
frequently mentioned in Roman history.  Women  mentioned above, frequently occurred. The speech
were most addicted to it; but'it seems not im- of Cicero in behalf of Cluentius supplies us with
probable that this charge was frequently brought several particulars on this subject.  Under the
against females without sufficient evidence of their Roman emperors it was carried on to a great exguilt, like that of witchcraft in Europe, in the  tent, and some females, who excelled in the art.
middle ages.  We find females condemned to  were in great request.  One of the most celebrated
death for this crime in seasons of pestilence, when  of these was Locusta, who poisoned Claudius at
the popular. mind is always in an excited state the command of Agrippina, and Britannicus at that
and ready to attribute the calamities under which  of Nero, the latter of whom even placed persons
they suffer to the arts of evil-disposed persons. under her to be instructed in the art.  (Tacit.
Thus the Athenians, when the pestilence raged in  Annal. xii. 66, xiii. 15; Suet. Net. 33; Juv. i.
their city during the Peloponnesian war, supposed  71.)
the wells to have been poisoned by the Pelopon-    The first legislative enactment especially directed
nesians (Thucyd. ii. 48), and similar instances against poisoning was a law of the dictator Sullaoccur in the history of almost all states.  Still Lex Cornelia de Sicariis et Veneficis - passed in
however the crime of poisoning seems to have  B. c. 82, which continued in force, with some
been much  more frequent in ancient than in  alterations, to the latest times.  It contained promodern times; and this circumstance would lead  visions against all who made, bought, sold, pospersons to suspect it in cases when there was no  sessed, or gave poison for the purpnse of poisoning.
real ground for the suspicion. Respecting the crime  (Cic. pro Cluent. 54; Marcian, Dig. 48. tit. 8. s. 3;
of poisoning at Athens, see PHARMACON GRAPHE. Inst. 4. tit. 18. s. 5.)  The punishment fixed by
The first instance of its occurrence at Rome in  this law was, according to Marcian, the deportatio
any public way was in the consulship of M. in insulam and the confiscation of property; but it
Claudius Marcellus and C. Valerius, -B.- c. 331, was mare probably the interdictio aquae et ignis,
when the citywas visited by a pestilence.  After since the deportatio under the emperors took the
many of the leading men of the state had died by  place of the interdictio, and the expression in the
the same kind of disease, a slave-girl gave informa-  Digest was suited to the time of the writers or
tion to the curule aediles that it was owing to  compilers.  [IJE  CORNELIA, p. 687.]  By a sepcisons prepared by the Roman matrons. Follow- natusconsultum passed subsequently, a female, who
ing her information they surprized about twenty  gave drugs or poison for the purpose of producing
matrons, among whom were Cornelia and Sergia, conception even without any evil intent, was banboth belonging to Patrician families, in the act of ished (r-clegatus), if the person to whom she adpreparing certain drugs over a fire; and being  ministered them died in consequence.  By another
compelled by the magistrates to drink these in the  senatusconsultum all druggists (p9nerwentarii), who
forum, since they asserted that they were not administered poisons carelessly " purgationis causa,"
poisonous, they perished by their own wickedness.  were liable to the penalties of this law.  In the
Upon this further informations were laid, and as tilne of Marcian (that of Alexander-Severus) this




VESTALES.                                          VESTALES.                  1189
crime was punished capitally in the case of persons  Epist. v. 31, c. Ssnmmncch. and the remarks of Lipof lower rank (hzumiliores), who were exposed to  sius.)
wild beasts, but persons of higher rank (altiores)    They were originally chosen (capere is the techwere condemned to the deportatio  in insulam. nical word) by the king (Liv. i. 3. 20;- Dionys.
(Dig. I. c.)                                       11. cc.) and during the republic and empire by the
The word Veneficium was also applied to potions, Pontifex  Maximus.   It was necessary that the
incantations, &c. (Cic. Brsut. 60; Petron. 118); maiden should not be under six nor above ten
whence we find Yeneficus and Venefica used in the  years of age, perfect in all her limbs, in the full
sense of a sorcerer and sorceress in general.      enjoyment of all her senses, patrima et matrima
VER SACRUM  (&Eos iep6v). It was a custom   [PATRIsMI], the daughter of free and freeborn paamong the early Italian nations, especially among  rents who had iever been in slavery, who followed
the Sabines, in times of great danger and distress, no dishonourable occupation, and whose home was
to vow to the deity the sacrifice of every thing born  in Italy.  (Gell. i. 12.)  The lex Papia ordained
in the next spring, that is between the first of that when a vacancy occurred the Pontifex MaxiMarch and the last day of April, if the calamity  mus should naine at his discretion twenty qualified
under which they were labouring should- be re-  damsels, one of whom  was publicly (in concione)
moved. (Fest. s. i. Vetr sacrzne; Liv. xxii. 9, 10, fixed upon by lot, an exemption being granted in
xxxiv. 44; Strab. v. p. 172; Sisenna ap. NVon. xii. favour of such as had a sister already a vestal and:
18; Serv. ad Aen. vii. 796.)  This sacrifice in the  of the daughters of certain priests of a high class.:
early times comprehended both men and domestic  (Gell. l. c.)  The above law appears to have been
animals, and there is little doubt that in maly  enacted in  consequence  of the unwillingness of
cases the vow was really carried into effect.  But fathers to resign all control over a child, and this
in later times it was thought cruel to sacrifice so  reluctance was manifested so strongly in later times
many innocent infants, and accordingly the follow-  that in the age of Augustus libertinae were declared.
ing expedient was adopted.  The children were  eligible.  (Dion Cass. lv. 22; Suet. Octav. 31.):
allowed to grow  up, and in the spring of their  The casting of lots moreover does not seem to have
twentieth  or twenty-first year they  were with  been practised if any respectable person came forcovered faces driven across the frontier of their  ward voluntarily and offered a daughter who fulnative country, whereupon they went whitherso-  filled the necessary conditions.  As soon as the
ever fortune or the deity might lead. them.  Many  election was concluded the Pontifex Maximus took
a colony had been founded by persons driven out the girl by the hand and addressed her in a solemn
in this manner; and the Marmertines in Sicily  form preserved by Aulus Gellius from Fabius Pictor.:
were the descendants of such  devoted persons.  SAcERDoTEM. VESTALEM. QUAE. SACRA. FACIAT.
(Fest. 1. c. and s. v.  aemsertismi; compare Dionys.  QUAE. IOUS. SIET. SACERDOTEM. VESTALEM.
i. 16; Plin. H. N. iii. 18; Justin. xxiv. 4;. Liv.  FACERE. PRO. POPULO. ROMANO. QUIRITIUM.
xxxiii. 44.)                                       UTEI. QUAE. OPTIMA. LECOE. FOVIT. ITA. TE.
In the two historical instances in which the  AMATA. CAPIo. where the title AMIATA seems
Romans vowed a ver sacrulm, that is, after the  simply to signify " beloved one," and not to refer
battle of lake Trasi:menus and at the close of the  as Gellius supposes to the name of one of the orisecond Punic war, the vow was confined to do- ginal Vestals, at least no, such name is to be found:
nestic animals, as was expressly stated in the vow. in the list of Plutarch alluded to above.  After
(Liv. 1. c.; Plut. Fab. Max. 4.)       [L. S.]    these words were pronounced she was led away to
VERBE'NA.  [SAGIlINA.]                          the atrium of Vesta, and lived thenceforward withVERBENA'RIUS.  [FETIALIS.]                       in the sacred precincts under the special superin-.
VERNA.  [SRavus, pp. 1038, 1040.]               tendence and: control of the  pontifical  college.
VERSO IN REM ACTIO. [SEavus, p. 1038.]  (Dionys. ii. 67; Liv. iv. 44, viii. 15; Plin. Ep.
VERSU'RA.  [FENUIS, p. 527, a.]                 iv. 11; Suet. Octav. 31; Gell. i. 12.)
VERU, VERU/TUM.  [IsasTA. p. 588,.b.]              The period of service lasted for thirty years.
VESPAE,  VESPILLO/NES.   [FUNUS, p. During.the first ten the priestess was engaged ill
559, a.]                                           learnings her mysterious duties, being termed disciVESTA'LES, the virgin priestesses of Vesta  pula (Val. Max. i. 1.~ 7), during the next ten in
who ministered in her temple and watched the  performing them, during the last ten in giving ineternal fire.  Their existence at Alba Longa is  structions- to the novices (Dionys. 1. c.; Plut. i. c.
connected with the earliest Roman traditions, for  Senec. de vit. beat. 29), and so long as she was
Silvia the mother of Romulus. was a member of the  thus employed she was bound by a solemn vow of
sisterhood (Liv. i. 20; Dionys. i. 76); their esta-  chastity.  But after the time specified was comblishment in the city, in common with almost all pleted she might, if she thought fit, throw off the
other matters connected with state religion, is ge-  emblems of her office (Dionys. l. c.), unconsecrate
merally ascribed to Numa  (Dionys. ii. 65; Plut.  herself (exaueurare, Gell. vi. 7), retuln to the
Nuam. 10), who selected four (their names are  world and even enter into the marriagre state.
given in Plutarch), two from.the Titienses and  (Plut. 1. c;)  Few however availed themselves of
two froun the Ramnes (Dionys. ii. 67; Festus, s. v. these privileges; those who did were said to have
Sex  Vestae), and two more were subsequently  lived in sorrow and remorse (as might indeed have
added from the Luceres, by Tarqulinius Priscus. ac- been expected from the habits they had fornced):
cording to one authority  (Plut. leiz7n. 1. c.), by  hence such a proceeding was considered ominous,
Servius Tullius according to another.  (Dionys. iii. and the priestesses for the most part died as they
67.)  This number of six remained unchangled at had lived in the service of the goddess.  (Ta cit.
the time when'lutarch wrote, and the idea that Aisz. ii. 86; Inscrip. quoted by Gronov. ad 2'ccit.
it was afterwards increased to seven rests upon  Agim2. iii. 64.)
very unsatisfactory evidence.  (See   idmnzoires  de    The senior sister was entitled  estcalis laxir(na,
lz'.4e(deasie des [lscript. vol. iv. 1p. l);;    A AmIbros.  or T,rgyo  i lz.t''imWn (Ovid.'oest, iv. 639; Suet. Jut.
4a C3




1190               VESTALES.                                           VESTALES.
83, Domit. 8; Orell. Inscript. n. 2233, &c.; 7  tended by her weeping kindred, with all the cere.
7rpea-eetouera, Dion  Cass. liv. 24; 77 apXiepeia,  monies of a real funeral, to a rising ground called
lxxix. 9). and we find also the expressions Vesta-  the C(r)czps Sceleratos, just within the city walls,
linuL vetstigssisLamn (Tacit. Ann. xi. 32) and tres  close to the Colline gate.  There a small vault
maiama~ze.  (Serv. ad Yirg. Ecl. viii. 82.)         Ilnderground had been previously prepared, colnTheir chief office was to watch by turns, night  tainilng  a couch, a lamp, and a table with a little
and day, the everlasting fire which blazed upon  food. The Pontifex Maximus, having lifted up his
the altar of Vesta (VIRlGINESQLTE  VESTALES IN  hands to heaven and uttered a secret prayer, opened
URBE CUSTODIUNTO ltNEM FOCI PUBLICI SEMPI-  the litter, led forth the culprit, and placing her on
TE'RNUM, Cic. de Ley. ii. 8. 12; Liv. xxviii. 11; the steps of the ladder which gave access to the
Val. Max. i. 1. ~ 6; Senec. de P'ov. 5), its extinc-  subterranean cell, delivered her over to the common
tion being considered as the most fearfill of all pro-  executioner and his assistants, who conducted her
digies, and  emblematic of the extinction  of the  down, drew up the ladder, and having filled the
state.  (Dionys. ii. 67; Liv, xxvi. 1,)  If such  pit with earth until the surface was level with the
misfortune befell and was caused by the careless-  surroundingl ground, left her to perish deprived of
ness of the priestess on duty-, she was stripped anld  all the tributes of respect usually paid to the spirits
scourged by the Pontifex Maximus, in the dark  of the departed.  In every case the paramour was
and with a screen interposed, and he rekindled the  publicly scourged to death in the forum.  (Plut.
flame by the friction of two pieces of wood fiom  a  NAsumo. 10, Fob. Max. 18, Quzaest. Ron. vol. vii.
fpli, arbor. (Dionys., Plut., Val. Max. II. cc.; Fes-  p. 154, ed. Reiske; Dionys. ii. 67, iii. 67, viii. 89,
tus, s. v. Jgais.)  Their other orditoary duties con-  ix. 40; Liv. iv. 44, viii. 15, xxii. 57; Plin. Ep.
sisted in presenting  offerings to the goddess at  iv. 11; Suet. Dowl. 8; Dion Cass. lxvii. 3, lxxvii.
stated times, and in sprinkling and purifying the  16, and frapgg. xci. xcii.;, Festus s. v. Probrumr et
shrine each morning with water, which according  Scelersatus Campus.)
to the institution of Numna wras to be drawn from      But if the labours of the Vestals were unrethe Egerian fount, although in later times it was  mitting and the rules of the order rigidly and
considered lawful to-employ any water from a living  pitilessly enforced, so the honlours they enjoyed
spring or running streann, but not such as had  were such as in a great mleasure to compensate for
passed through pipes.  When used for sacrificial  their privation.   They were maintained at the
purposes it was mixed with nmuries, that is, salt  public cost and from  sums of money and land bewhich had been pounded in a mortar, thrown into  queathed  from  time to time to the corporation.
an earthen jar and baked in an oven. (Ovid. Fast.  (Suet. Octda. 31, Tib. 76; Sicul. Flacc. 23, ed.
iii. 11; Propert. iv. 4. 15; P'lut. NZti. 13; Fest.  Goes.)  From  the moment of their consecration
s. v. MAuries.)  They assisted moreover at all great  they became as it were the property of the goddess
public holy rites, such as the festivals of the Bona  alone, and  were completely released  from  all
Dea (Dion Cass. xxxvii. 45) and the consecration  parental sway without going through the form  of
of temples (Tacit. Hist. iv. 53), they were invited  emoancipatio or suffering any Capitis densinutio. (Gell.
to priestly banquets (Macrob. ii.:9; Dion Cass.  i, 11,)  They had a right to make a will, and to
xlvii. 19), and we are told that they were present  give evidence il a court of justice without taking
at the solemn appeal to the gods made by Cicero  a;n oath (Gell. x. 15), distinctions first conceded by
during the conspiracy of Catiline.  (Dion  Cass. an  Horatian law  to a certain  Caia Tarratia or
xxxvii. 35.)  They also guarded.the sacred relics  Fufetia, and afterwards commuiicatedto all. (Gell.
which formed the fita/le pignus issipes-ii, the pledge  i. 12; Gaius, i. 145; compare Plin. H. AT. xxxiv.
granted by fate for the permanency of the Roman  11.)  From  the time of the triumviri each was
sway, deposited in the inmost adytcum (penus Ves-  preceded by a lictor when she went abroad (Dion
tae, see Festus, s. v1.) which no one was permitted  Cass. xlvii. 19), consuls and praetors mlade way for
to enter save the virgins and-the chief pontifex.  them, and lowered their fasces (Senec. Cotlrovers.
What this object was no one knew, some supposed  vi. 8; compare Plut. Tit. Gracel. 15), even the
that it was the lPalladium, others the Samothracian  tribunes of the plebs respected their holy character
gods carried by Dardanus to Troy and transported  (Oros. v. 4; Suet. Tit. 2; compare Cic. pro C'oel.
h'omn thence to Italy by Aeneas, but all agreed in  14; Val. Max. v. 4, ~ 6), and if any one passed,elieving that something of awful sanctity  was  under their litter he was put to death. (Plut. Nuim.
here preserved, contained, it was said, in a small  10.)  Augustus granted to them all the rights of
earthen jar closely sealed, while another exactly  matrons who had borne three children (Dion Cass.
similar in form, but empty, stood by its side. lvi. 10; Plut. 1. c.), and assigned them a conspicu(Dionys. i. 69, ii. 66; Plut. Ca)nill. 20; Liv.  ous place in the theatre (Suet, Octarv. 44; Tacit,
xxvi. 27; Lamprid. Elayab. 6; Ovid.'Fast. vi. Asin. iv. 16), a privilege which they had enjoyed
365; Lucan, ix. 994.)                              before at the gladiatorial shows.  (Cic. po Muren.
We have seen above that supreme importance  35.)  Great weight was attached to their interceswas attached to the purity of the Vestals, and a  sion on behalf of those in danger and difficulty, of
terrible punishment awaited her who violated the  which we have a remarkable example in the envow of chastity.  Accordinig to the law of Nurma  treaties which they addressed to Sulla on behalf of
she was simply to be stoned to death (Cedrenuss  Julius Caesar (Suet. Jul. 1; compare Cic. pro l'oit.
Hist. Comp. p. 148, or p. 259, ed. Bekker), but a  17; Suet. titell. 16, Dion Cass. lxv. 18; Tacit.
more cruel torture  was devised by  Tarquinius   4nn. iii. 69, xi. 32, Iist. iii. 8i), and if they
Priscus (Dionys. iii. 67; Zonaras, vii. 8) anld in-  chanced to meet a criminal as he was led to punflicted frosm that time forward.  When condemned  ishment they had a right to demand his release,
by the college of pontifices, she was stripped of her  provided it could be proved that the encounter was
vlttae and other badges of office, was scourged  accidental.   Wills, even those of the emperors
(Dionys. ix. 40), was attired like a corpse, placed  were committed to their charge (Suet. Jul. 83,
in a close litter and borne through the forum  at-  Octav. 101; Tacit. Ann. i. 8), for when in such




V    ESTALES.                                          IAE.                     1
keeping they were considered inviolable  (Plut.
A'stn. 58); and in like manner very solemn,
treaties, such as that of the triumvirs with Sextus
Pompeius, were placed in their hands.  (Appian,
B. C. v. 73; Dion Cass. xlviii. 37 and 46; cornm-.         e l      ]
pare xlviii. 12.)  That they might be honoured in  
death as in life, their ashes were interred within
the pomoerium.  (Serv. ad Virg. Aen. xi. 206.)
They were attired in a stola over which was an
uipper vestment made of linen (Val. Max. i. 1. ~ 7;  sical Journal, vol. xv. 123, vol. xvi. 321," have
Dionys. ii. 68; Plin. Ep. iv, 11), and in addition  collected most of the authorities on this subject;
to the Infula and white woollen Vitta they wore  Gbttling, Gesclehclhte der R;mnisclh. Staatsvea:fassung,
when sacrificing a peculiar head-dress called s.fi-  p. 189..)                           [W. R.]
bulzan, consisting of a piece of white cloth bordered  VESTI'BULUM. [DoMus, p. 427, a; JANUA,
with purple, oblong in shape, and secured by a  p. 627, b.]
clasp.  (Festus, s. v. SZbefiUulusz.)  In dress and    VESTICEPS.  [IMPUBES, 631, a.]
general deportment they were required to observe    VETERA'NUS.  [EXERCITUS, p. 499, b.]
the utmost simplicity and d corum, any fanciful    VEXILJLA'RII. [ExERCITUS, P. 507, b.]
ornaments in the one or levity in the other being    VEXILLUM. [EXERCITUs, p. 507, b; SGNA
always regarded with disgust and suspicion. (Liv.  MILITARIA.]
iv. 44, viii. 15; Plin. Eip. iv. 11; Ovid. Fast. iv.    VIAE.  Three words are employedby the Ro285.)  We infer from a passage in Pliny (H. N.  man jurists to denote a road, or a right of road,
xvi. 85) that their hair was cut off, probably at the  Iter, A4ctss, Via.  The different meanings of these
period of their consecration; whether this was re-  three words are given under SERVITUTES, p. 1032.
peated from time to time does not appear, but they    We next find Fiae divided into privatae or
are never represented with flowing locks.  The  agsariae andpublicae, the former being those the
first of the following cuts, copied from  a gem   use of which was free while the soil itself remained
(Montfaucon, Ant. Exp. i. pl. xxviii., Sepplesm. i. private property, the latter those of which the use,
pl. xxiii.), represents the Vestal Tuccia who when  the management, and the soil were alike vested in
wrongfully accused appealed to the goddess to vin-  the state.  Victe Vicinales (quae in vicis sunt vel
dicate her honour, and had power given her to  quae ine vices ducunt), being country cross-roads
carry a sieve full of water from  the Tiber to the  merging in the great lines, or at all events not
temple.  (Val. Max. viii. 1. ~ 5; Plin. H. N.  leading to any important terminus, might be either
xxviii. 2.)   The form  of the upper garment is publiace or privatae according as they were formed
and: maintained at the cost of the state or by th.e
contributions of private individuals. (Dig. 43. tit.
8. s. 2. ~ 21, 22; tit. 7.. s; Sicul. Flac. de Cond.
Agr. p. 9, ed. Goes.)  The Viae publicae of the
highest class were distinguished by the epithets
militares, consluares, praetoriae, answering to the
/1  terms oor Baroticai among the Greeks and king's
hil/hway among ourselves.
That public roads of some kind must have
1. ~i'   \ lexisted from the very foundation of the city is
manifest, but as very little friendly intercourse existed with the neighbouring states for any length
of time without interruption, they would in all
probability not extend beyond the narrow limits of
the Roman territory, and would be mere muddy
tracks used by the peasants in their journeys to
and from market.  It was not until the period of
the long protracted Samnite wars that the necessity was strongly felt of securing an easy, regular,'S>.                         and safe communmication between the city anld the
legions, and then for the first time we hear of those
here well seen.  The second is from a denarius of famous paved roads, which, in after ages, keeping
the Gens Clodia, representing upon the reverse a  pace with the progress of the Roman arms, confemale priestess with a simpuvium  in her hand,  nected Rome with her most distant provinces, conand bearing  the legend VESTALIS; on the ob-  stituting not only the most useful, but the most
verse is a  head of Flora with the  words  c. lasting of all her works.  (Strabo, v. p. 235.) The
CLODIVS C. F.  Two  Vestals belonging to this  excellence of the principles upon which they were
gens were celebrated in the Roman Annals.  (See  constructed is sufficiently attested by their extraOvid. Fast. iv. 279; Suet. Tib. 2; Augustin. de  ordinary durability, many specimens beilig found
Citv. Dei, x. 16; Herodian. i. 11.) [TRIUmPHUS, in the country around Rome which have been used
p. 1165, a.] The coin seems to have been struck to  without being repaired for more than a thousand
commemorate the splendour of the Floralia as ex-  years, and are still in a high state of preservation.
hibited during the famous aedileship of C. Clodius    The Romans are said to have adopted their first
Pulcher n. c. 99.  (Cic. de Off. ii. 16, c. yerr. iv.  ideas upon this subject from  the Carthaginians
2; Plin... N. xxxv. 4.)                        (Isidor. xv. 16. ~ 6), and it is extremely probable
(Lipsius, de Vesta et Vestalibis Syntagma, and  that the latter people may, from their commercial
Noehden,'" On the worship of Vesta, &c. Clas-  activity, and the sandy nature of their soil, have
4 44




1192                  VIAE.                                             VIAE.
been compelled to turn their attention to the best pieces being smaller than ill the rudus, cemented
means of facilitating the conveyance of merchan-  with lime and six inches thick.  Uppermost was
dize to different parts of their territory.  It must the pacvimeetzm, large polygonal blocks of the
not be imagined, however, that the Romans em- hardest stone (siter), usually, at least in the vicinity
ployed from  the first the elaborate process which  of Rome, basaltic lava, irregular in form but fitted
we are about to describe.  The first step would be  and jointed with the greatest nicety (aptajanscitur
fiom  the Via Terrena (Dig. 43. tit. 11. s. 2), the  arte silex, Tibull. i. 7. 60) so as to present a permere track worn by the feet of men and beasts  fectly even surface, as free from gaps or irreguand the wheels of waggons across the fields, to the  larities as if the whole had been one solid mass,
Via Glareata, where the surface was hardened by  and presenting much the same external appearance
gravel; and even after pavement was introduced  as the most carefully built polygonal walls of the.the blocks seem  originally to have rested merely  old Pelasgian towns.  The general aspect will be
on a bed of small stones.  (Liv. xli. 27; compare  understood from the cut given below of a portion
Liv. x. 23. 47.)                                   of the street at the entrance of Pompeii. (Mazois,
Livy has recorded (ix. 29) that the censorship  Les Ruines de.Pompei, vol. i. pl. xxxvii.)
of Appius eCaecus (B.c. 312) was rendered celebrated in after ages from his having brought water
into the city and paved a road (quod viam mesusicit
et aquam in urbem peerdexit), the renowned Via
Appia, which extended in the first instance from
Rome to Capua, although we can scarcely suppose  [
that it was carried so great a distance in a single
lustrum. (Niebuhr, RUst. Geseh. iii. p. 356.)  We'
undoubtedly hear long before this period of the  
Via Latina (Liv. ii. 39), the Viea Gabina (Liv. ii.
l, iii. 6, v. 49), and the Via Salariae (Liv. vii. 9),
&c.; but even if we allow that Livy does not em-   I
ploy these names by a sort of prolepsis, in order to
indicate conveniently a particular direction (and         i
that he does speak by anticipation when he refers
to milestones in some of the above passages is certain), yet we have no proof whatever that they
were laid down according to the method afterwards adopted with so much success.  (Compare
Vitruvius enters into no details with regard to
-road-making, but he gives lmost minute directions   I
for pavements, and the fragments of ancient pavements still existing and answering to his description
correspond so exactly with the -remains of the mili-    The centre of the way wan a little elevated so
tary roads, that we cannot doubt that the processes  as to permit the water to run off easily, and hence
followed in each case were identical, and thus  the terms agger vice (Isidor. xv. 16. ~ 7; Ammian.
Vitruvius (vii. 1), combined with the poem of Marcellin. xix. 16; compare Virg. Aen. v. 273);
Statius (Silv. iv. 3), on the Via Dosmiticna, will and sumnmuze dorsuam  (Stat. 1. c.), although both
supply all the technical terns.                    may be applied to the whole surface of the paviIn the first place, two shallow trenches (slci)  mentum.  Occasionally, at least in cities, rectanwere dug parallel to each other, marking the breadth  gular slabs of softer stone were employed instead
of the proposed road; this in the great lines, such  of the irregular polygons of silex, as we perceive
as the Via Appia, the Via Flamsinia, the Via  to have been the case in the forum  of Trajan,
Valeria, &c., is found to have been from 13 to 15  which was paved with travertino, and in part of
feet, the Via Tusculala is 11, while those of less  the great forum under the colunn of Phocas, and
importance, from  not being great thoroughfares,  hence the distinction between the phrases silico
such as the Via which leads up to the temple of stersere and saxo quadrato sternere.  (Liv. x. 23,
Jupiter Latialis, on the summit of the Alban  xli. 27.)  It must be observed, that while on the
Mount, and which is to this day singularly per-  one hand recourse was had to piling, when a solid
feet, seem to have been exactly 8 feet wide.  The  foundation could not otherwise be obtained, So, on
loose earth between the Sulci was then removed, the other hand, when the road was carried over
and the excavation continued until a solid founda- rock, the statumen and the rudus were dispensed
tion (gremiiut) was reached, upon which the mla-  with altogether, and the nucleus was spread ila:
terials of the road might firmly rest; if this could  mediately on the stony surface previously smoothed
not be attained, in consequence of tile swampy  to receive it.  This is seen to have beeti the case,
nature of the ground or from any peculiarity in the  we are informed by local antiquaries, on the Via
soil, a basis was formed artificially by driving piles  Appia, below Albano, where it was cut through a
(fistucatioeibus). Above the yreniznue were four dis- mass of volcanic peperino.
tinct strata.  The lowest course was the statumne,    Nor was this all. Regular foot-paths (~sargi,-2es,
consisting of stones not smaller than the hland could  Liv. xli. 27, crepidiees, Petron. 9; Orelli, Iszscrip.
justgrasp; above the statumen was the rudus, amass  n. 3844; aulrnbones, Stat. Silv. iv. 3. 47) were
of broken stones cemented with lime, (what masons  raised upon each side and strewed with gravel, the
call rubble-worlk,) ratmnTed down hard and nine  different parts uere  strengthened and bound toinches thick; above the rudus came the nucleus, gether with go/zopli or stone wedges (Stat. 1. c.),
composed of fragslsents of bricks and pottery, the  an:d stone blecks were set up at Loderate intervals




VIAE.                                               VIAE.                  1193
on the side of the foot-paths, in order that travel-  restoration of the Via Flaminia as far as Arimninumn,
lers on horseback might be able to mount without and distributed the rest among the most distinthe aid of an &vaodeXvs to hloist them up.  (Plut.  guished men in the state (tr-iumilmplibus viris), to
C. Gracch. 7.)  [STRATORES.]                        be paved out of the money obtained from' spoils
Finally, C. Gracch-us (Plut. 1. c.) erected mile-  (ex snanubiali pecunci sternendas, Suet. Octav. 30;
stones along the whole extent of the great high-  Dion Cass. liii. 22).  In the reign of Claudils we
ways, marking the distances from  Rome, which  find that this charge had fallen upon the quaestors,
appear to have been counted from  the gate at and that they were relieved of it by him, although
which each road issued forth.  The passage of some give a different interpretation to the words.
Plutarch, however, may only mean that Gracchus  (Suet. Claud. 24.)  Generally speaking, however,
erected milestones on the roads which lhe made  under the empire, the post of inspector-in-chief
or repaired;  for it is probable that milestones  (cuirator),-and each great line appears to have
existed much earlier.  [MILLIARE.]  Augustus,  had a separate officer with this appellation, — was
when appointed inspector of the viae around the  considered a high dignity (Plin. Pp. v. 15), insocity, erected in the forum a gilded column (xpvsovv  much that the title was frequently assumed by the
iuALeov —XpvosoeUS siwv, smtiliarsium aureumso, Dion  emperors thernselves, and a great number of inCass. liv. 8; Plin. H. 1N. iii. 5; Suet. Otl. 6; scriptions are extant, bearing the names of upwards
Tacit. IFist. i. 27), on which were inscribed the  of twenty princes from  Augustus to Constantine,
distances of the principal points to which the  commemorating  their exertions in making and
viae conducted.  Some have imagined, from  a  maintaining public ways.  (Gruter, Corp. Inscris).
passage in Plutarch (Galb. 24), that the distances  cxlix...... clix.)
wrere calculated from  the milliarium  aureum, but    These casratores were at first, it would appear,
this seenls to be disproved both by the fact that  appointed upon special occasions, and at all tinles
the roads were all divided into miles by C. Gracchlus  must have been regarded as honorary functionaries
nearly two centuries before, and also by the posi- rather than practical men of business.  But from
tion of various ancient milestones discovered in  the beginning of the sixth century of the city there
modern times.  (See lIolsten. de Aiilliario A7ureo  existed regular commissioners, whose sole duty
in Graev. T/es. Arntiq. Rom. vol. iv. and Fabretti appears to have been the care of the ways, four
de A qiLs et A quaeductis, Diss, iii. n. 25.)       (qlsutuorviri v2iarum)Z) superintending  the streets
It is certain that during the earlier ages of the  within the walls, and two the roads without. (Dig.
republic  the construction  and general superin-  1. tit. 2. s. 2. ~ 30. compared with Dion Cass. liv.
tendence of the roads without, and the streets  26.)  When Augustus remodelled the inf,~rior mawithin, the city, were committed like all other gistracies he included the former in the vigintivirate,
important works to the censors.  This is proved  and abolished the latter; but when he undertook
by the law quoted in Cicero (de LeSy. iii. 3), and by  the care of the viae around the city, he appointed
various passages in which these magistrates are  under himself two soaud-7m)akers (6/soroiovs, Dion
represented as having first formed and given their  Cass. liv. 8), persons of praetorian rank, to whom
nlames to great lines, such as the Via Appia and  he assigned two lictors.  These were probably inthe Via Flaminia, or as having executed important eluded in the number of the new superintendents
improvements and repairs.  (Liv. ix. 29, 43, Epit. of public works instituted by him (Suet. Octav. 37),
20, xxii. 11, xli. 27; Aurel. Vict. de Viris illust. and would continue from that time forward to disc. 72; Lips. PEzcurs. ad Tac. Ann. iii. 31.) These  charge their duties, subject to the supervision and
duties, when no censors were in office, devolved  control of the curatores or inspectors.-general.
upon the consuls, and in their absence on the         Even the contractors employed (sieancipes, Tacit.
Praetor Urbanus, the Aediles, or such persons as  Acnn. ii. 31) were proud to associate their names
the senate thought fit to appoint.  (Liv. xxxix.  with these vast undertakings, and all inscription hlas
2; Cic. c. Verr. i 48, 50, 59.)  But during the  been preserved (Orell. Inscr'ip. n. 3221) in which
last century of the commonwealth the administra-  a wife, in paying the last tribute to her husband,
tion of the roads, as well as of every other depart-  inscribes upon his tomb MANCIPI VIAE APPIAE.
meat of public business, afforded the tribunes a  The funds required were of course derived, under
pretext for popular agitation.   C. Gracchus, in  ordinary circumstances, from  the public treasury
what capacity we klnow not, is said to have ex-  (Dion Cass. liii. 22; Sicul. Flacce. de conds. agr. p.
erted himself in making great improvements, both  9, ed. Goes.), but individuals also were not unifrefrom a conviction of their utility and with a view  quently found willing to devote their own private
to the acquirement of popularity (Plut. C. Graccel. 7), means to these great national enterprises. This, as
and Curio, when tribune, introduced a Lex Viaria  we have already seen, was the case with Caesar and
for the construction and restoration of many roads  Agrippa, and we learn from  inscriptions that the
and the appointment of himself to the office of in-  example was imitated by many others of less note.
spector (E7rLTrdrlis) for five years. (Appian. B. C.  (e.g. Gruter, clxi. n. 1 and 2.)'The Viae Vicinales
ii. 26; Cic. ad Fasn. viii. 6.)  WVe learn from   were in the hands of the rural authorities (nsayist-i
Cicero (ad Att. i. 1), that T'hermus, in the year pacyor-u7), and sees to have been maintained by
c. c. 65, was Curator of the Flaminian Way, and  voluntary  contribution  or assessment, like our
from  Plutarch (Caes. 5), tiat Julius Caesar held  parish roads (Sicul. Flacec. p. 9), while the streets
the same office (iriL/.eA7-T4Ss) with regard to the  within the city were kept in repair by the inhabitAppian Wray, and laid out great sums of his own  sarts, each person being answerable for the portion
money upon it, but by whom  these appointments  opposite to his own house. (Dig. 43. tit. 10. s. 3.)
were conferred we cannot tell.  During  the first    Our limits preclude us from  entering upon so
years of Augustus, Agrippa, being   aedile, repaired  large a subject as the history of the numerous miliall roads at his own1 proper expense; subsequently   tary roads which inltersected the Roman donminions.
the emperor, finding that the roads had fallen into  WAe shall content ourselves with simply mentioning
disrepair through neglect, tool upoin: hin.self the  those which issued from Rome, together with their




1194,              VIAE.                                             VIAE.
most important branches within the bounds of Equotuticun, entered Apulia at Aecae, and passing
Italy, naming at the same time the principal towns through Herdonia, Canusiunt, and Retlbi, reached
through which they passed, so as to convey a gene- the Adriatic at Bacrium  and followed the coast
ral idea of their course.  For all the details and  through Eygnatia to Brundusium.  This was the
controversies connected with their origin, gradual route followed by Horace.  It is doubtful whether
extensions, and changes, the various stations upon  it bore the name given above in the early part of
each, the distances, and similar topics, we must its course.
refer to the treatises enumerated at the close of   (6.) The VIA TRAJANA began at Venusia and
this article, and to the researches of the local anti- ran in nearly a straight line across Lucania to
quaries, the most important of whom, in so far as Heraclea on the Sines Tarentinus, thence following
the southern districts are concerned, is Romanelli.  southwards the line of the east coast it passed
Beginning our circuit of the walls at the Porta  through Tz]erii, Croto, and Sc.yllacium, and comCapena, the first in order, as in dignity, is,   pleted the circuit of Bruttium by meeting the Via
I. The VIA APPIA, the Great Souoth Road.  It A quillia at Rhegin.m.
was commenced, as we have already stated, by    (7.) A VIA MINUCIA is mentioned by Cicero
Appius Claudius Caecus, when censor, and has (ad Att. ix. 6), and a VIA- NUnlMclA by Horace
always been the most celebrated of the Roman  (Epist. i. 18. 20), both of which seem to have
Ways.  It was the first ever laid down upon a passed through Samnium from north to south, congrand scale and upon scientific principles, the na- necting the Valerian and Aquillian and cutting the
tural obstacles which it was necessary to overcome  Appian and Latin ways. Their course is unknown.
were of the most formidable nature, and when corm- Some believe them to be one and the same.
pleted it well deserved the title of Queens of Roads    Returnina to Rome, we find issuing from the
(regina viaewsm, Stat. Silv. ii. 2, 12).  We know  porta Capena, or a gate in its immediate vicinity
that it was in perfect repair when Procopius wrote   IT. The VIA LAT1NA, another great line leading
(Bell. Goth. i. 14), long after the devastating in- to Beneventum, but keeping a course farther inland
roads of the northern barbarians; and emen to this than the Via Appia.  Soon after leaving the city
day the cuttings through hills and masses of solid  it sent off a short branch (VIA TUSCULANA) to
roclk, the filling up of oillows, the bridging of ra- Tesczllun,  and passing through Coenpitzu,4ztAagivines, the substructions to lessen the rapidity of rlum, Ferentinun, Frusino, Fregellae, lJ'ablrateria.
steep descents, and the embankments over swamps, Aquinuma, Casinnum, Veneaf'mn, Teas 1sum, Al(fie,.
demonstrate the vast sums and the prodigious la- and Telesia, joined the Via Appia at Benevestzesn.
bour that must have been lavished on its construe-    A cross-roadl called the VIA IIADRaIANA, running
tion.  It issued from the Porta Capena, and pass- from Mintzurnae through Suessa Az2urunca to 7eaing through Aricia, Tres Taberraee,  17pii Forum, s 7sum, connected the Via' Appia with the T'ia
Tarracina, Fundi, Forzmiae, l/lintr'cnae, Sinuessa,  Latina.
and CasilinuizM, terminated at -CpsFa, but was even-    III. From the Porlta Esquilina issued the VIA
tually extended through (alatia and C.zudizon to  LABICANA  which passing Labicum fell into the
Benerenteums, and finally from thence through Venu-  VTic Latina at the station ad Bivizon 30 miles from
sia, Tasrentzll, and Uria, to BrundusiusM.       Rome.
The ramifications of the Via Appia most worthy    IV. The VIA PRAENESTINA, originally the VIA
of notice, are.                                  GABINA, issued from the same gate with the for(I.) The VIA SETINA, which connected it with  muer.  Passing through Gabii and Praeneste, it
Setia.  Originally it would appear that the Via joined the Via Latina just below Anagnia.
Appia passed through Velitrae and Setia, avoiding    V. Passing over the VIA COLLATINA as of little
the marshes altogether, and travellers, to escape  importance, we find the VIA T1BUaTINA, which
this circuit, embarked upon the canal, which in the  issued from the Paorta Tiblurtina, and proceeding
days of Horace traversed a portion of the swamps. N. E. to Tibur, a distance of about 20 miles, was
(2.) The VIA DOMITIANA struck off at Sinuessa, continued from thence, in the same direction, under
and keeping close to the shore passed through  the name of the VIA VALERKIA, and traversing the
Literneuma, Oosoe,a Plteoli, Neapolis, Herculaneum, country of the Sabines passed through C7arseoli and
Oplonti, Pompeii, and Stabiae to Surrentssn, mak- Cosfinisum to Aternum on the Adriatic, thence to
ing the complete circuit of the bay of Naples.   Adria, and so along the coast to Castr/un lTnruen(3.) The VIA CAMPANA or CONSULARIS from  tinzur, where it fell into the Via Salaria.
C(apua to Csumae sending off a branch to PPuteoli    A branch of the Via Valeriac led to Su9blaqueoum,,
and another through Atella to Neapotis.          and was called VIA SUBLACENSIS. Another braanch
(4.) The VIA AQUILLIA began at Capua and ran  extended from Adria along the coast southwards
south through Nolsa rtnd Nuceria to Salernum, from  through the country of Frentani to Larinucre, being
thence, after sending off a branch to Paestum, it called, as some purpose, VIA FRENTANA APPULA.
took a wide sweep inland through Eburi and the    VI. The VIA NOMENTANA, anciently FICULregion of the Moans Alburnus up the valley of the  NENSIS, ran from the porta Collina, crossed the
Tanaugert; it then struck south through the very  Anio to Nossmentztm, and a little beyond fell into
heart of Lucania and Brattizals, and passing Neru- the Via Sclaria at Ereturn.
1rez, Interane2ia and Cosentia, returned to tile sea    VII. The VIA SALARIA, also from the porta
at Vibo, and thence through Medi2na to Rhegyiszn. Collina (passing Fidlenae and Crustsmnerhimzsm) ran
This road sent off a branch near the sources of the  north and east through Sabinum and Picenum to
Tanager, which ran dovwn to the sea at Blanda on  Reate and Asculum Picenom,.  At Castrum 7luenthe Laus Sinus and then continued along the whole  tinure it reached the coast, which it followed until
line of the Bruttian coast through Laus and Terina  it joined the Via lKrnaminia at Ancona.
to Vilo, where it joined the main stem.            VIII. Next comes the VIA  FLAMINIA, the
(5.) The VIA EGNATIA began at Beneventum, Great Aroith Road commenced in the censorship of
stntck north through the country of the Hirpini to  C. Flaminius and carried ultimately to Ar-isissnom.




VIAE.                                            VIATOR.                    1!.9 5
It issued from the Porta Flaziniva and proceeded    A4plpabeticcal Table of the Vriae described above.
nearly north to Ocriculun. and A7arnia in Umbria.  1. Via Aemilia VIII.       20. Via Labicana 1I.
Here a ojranch struck off, making a sweep to the   2.,, Appia 1.              21.,, Latina II.
east through Interaarena and Spoletilum, and fell  3~.  Aquillia I. (4.)      22.,, Laurentina X.
4.,, Amerina VIII. (a.) 23.,, Minucia I. (7.)
again into the main trunk (which passed through  5.,, Ardeatina XII.         24.,, NonelltanaVI.
levawnnita) at Fualgisia.  It continued through Fa-  6.,, Aurelia IX.        25.,, Numicia I. (7.)
anuz Flasrinii and Nuceria, where it again divided,  8  ", Campana 1 (3.      26.,,  ostensis XI.
C,,,~asesaV III.  27.,, Portuensis X.
one line running nearly straight to FanuM Fortunae   9.,, Cimina VIII. (y.)  28.    Postumia V!II.
on the Adriatic, while the other diverging to An- 10.    ClodiaVII1.(B.)   29.,, PrasllstinaIV.
conza continued from thence along the coast to Fa-  12.,, Collaties.      310.,, Setina VII. (1.)
snua Fortuenae, where the two branches uniting  13.,, Domitiana I. (2.)   32.,, Severiana XI.
passed on to.-lrilminun through Pisaurznm.  From   14.,, Egnatia I. (5.)    33.,, Slblacensis V.
15.,, Ficulnensis VI.    34.,, Tibirtina V.
thence the Vict 1laminia was extended under the  16.    Flaminia VIII.    35.        Tr, Trjana 1. (6.)
namle of the VIA AEImLIA and traversed the heart 17.,, Frentana Appula V. 36.    Tusculana If.
of Cisalpine Gaul throngh Bononia, Mutina, Parnea,  18.,, Gabina IV.         37.,,Valeria V.
19.,, Hadriana II.
Placentia (where it crossed the Po) to Medio(ilanI.
From  this point branches were sent off through    The most elaborate treatise upon Roman Roads
Bergornuns, Briria, Veronac, Vicentia, Patavium and  is Bergier, IIistoire des Grands Clzeminis de l'EenAquileia to Tergeste on the east, and through No- pire Ronmain, published in 1622.  It is translated
var-ia, Vercelli, Eporedia and A u4gulsta Praetori  into Latin in the tenth voltme of the Thesaurus of
to the Alpis Graia on the west, besides another Graevius, and with the notes of Henninius occupies
branch in the same direction through Tieinuzse and  more than 800 folio pages.  In the first part of
1sndustria to Auzgusta Tar'inzorzun.  Nor must we  the above article the essay of Nibby, Delle Vie
omit the VIA POSTUMIA, which struck from Verona  deyli Antichi dissertazione, appended to the fourth
right down across the Appeninles to Genoa, passing  volulme of the fourth Roman edition of Nardini,
through ll/anltua and Creaoac, crossing the Po at has been closely followed.  Considerable caution,
Plcen2tia and so through flria, Dertoace and Li-  however, is necessary in using the works of this
barsse, sending off a balnch from Deftona to Asta.  author, who although a profound local antiquary,
Of the roads striking out of the Via Flaminzia in  is by no means an accurate scholar.  To gain a
the immediate vicinity of Rome the most important knowledge of that portion of the subject so lightly
is the VIA CAssIA, which diverging near the Pons  touched upon at the close of the article, it is necesiMulvius and passing not far from  Veii traversed  sary to consult the various commentaries upon the
Etruria through Baccanae, Setriumn, Vulsinii, Clus- Tabula Peutingeriana and the different ancient
silm,, Arretium, ]'lorentia, Pistoria, and Luca, Itineraries, together with the geographical works
joining the Via Aurelia at Lunla.                   of Collarius, Cluverius, and D'Anville.   [W. R.]
(a) The VIA AMrER1aNA broke off from the Via    VIA'TICUM   (Epd6Los) is, properly speaking,
C'assia near Baccanae, and held north  throlgh  every thing necessary for a person setting out on a:Ealerii, Tuder, and Perusia, re-uniting itself with  journey, and thus comprehends money, provisions,
the Via C(assia at Clusium.                        dresses, vessels, &c. (Plaut. Epid. v. 1. 9; Plin.
(,8) Not far from  the Pons Mulvius the VIA  Epist. vii. 12   Cic. de Senect. 18.) When a Roman
CLoDIA separated from  the Via Cassia, and pro- magistrate, praetor, proconsill, or quaestor went to
ceedinlg to Sabate on the Lacus Sabatinus   there  his province, the state provided him with all that
divided illto two, the principal branch passing  was necessary for his journey.  Bult as the state in
througrh central Etruria to Rusellae and thence due  this as in most other cases of expenditure preferred
north to Florentia, the other passing through Tar- paying a sum  at once to halving ally part ill the
qzznii and then falling into the Via Aiuelsia.      actual bulsiness, the  state  engaged  contractors
(y) Beyond Baccanae the VIA CIBIINA branched  (2redemplores); who for a stipulated sum had to prooff, crossing the Mons Cillzinus  and rejoining the  vide the magistrates with the viaticum, the principal
Via Cassia near Facznz  Voltzsolnae.               parts of which appear to have been beasts of burden
IX. The VIA AURELIA, the Great Coast Road,  isand tents (stmuli et tabernacula). Julius Caesar inissued originally fromn the Porta Janiculensis and  troduced somne modification of this systell, by his
subsequently from the Po-rta Aurelia.  It reached  Lex De Repetutldis [REPET INDAE];and Agustus
the coast at Alsium and followed the shore of the  once for all fixed a certalin sum to be given to the
lower sea along Etruria and Liguria by Genoa as proconsuls (probably to other provincial magistrates
far as Foruem Julii in Gaul.  In the first instance  also) on setting out to their provinces, so that the
it extended no farther than Pisa.                  redenlptores had no more to do with it. (Cic. ad
X. The VIA PORTITENSIS  kept the right bank  Fcas. xii. 3; Suet. Aug. 36; Gellius, xvii. 2, 13;
of the Tiber to Portus Augusti.                     conlp. Sigonius, de Antiq. Jiure Provinc. iii. 11;
XI. The VIA  OSTIENSIS originally  passed  Casaubons ad T7heophrast. I 11.)               [L. S.]
through the Porta Trigemiana, afterwards through    VIA'TCR  was a servant who attended upon
the Porta Ostiensis, and kept the left bank of the  and executed the commands of certain Roman nlaTiber to Ostia.  From  thence it was continued  gistrates, to whom he bore the samle relation as the
under the name of VIA SEVERIANA along the coast lictor did to other magistrates.  The nanle viactoes
southward through Laureinturz, Antium, and Cir-  was derived from the circumstance of their being
caei, till it joined the Via ApIpia at Tarraeina.  chiefly employed on messages either to call upon
The VIA LAURIENTINA, leading direct to Lauren-  sena;tors to attend the meeting of the senate, or
tusn, seems to have branched off froin the  Via  to summon the people to the comitia; &c. (Cic. de
Ostiensis at a short distance from Rome.           Senect. 16.)  In the earlier times of the republic
XII. Lastly, the VIA ARDEATINA from Rome  we find viatores as ministers of such magistrates
to Ardea.  According to some this branched off  also as had their lictors: viatores of a dictator and
from the Via Appia.                                 of the consuls are mentioned by Livy (vi. 15, xxii,




1196                 VICUS.                                             VILLA. -
11; comp. Plin. IH. N. xviii. 4; Liv. viii. 18).  In  the city. (Suet. Aug. 30.)  In this division each
later times however viatores are only mentioned  vicus consisted of one main street, including several
-vith such magistrates as had only potestas and not  smaller by-streets; their number was 424, and
imperium, such as the tribunes of the people, the  each was superintended by four officers, called vicocensors, and the aediles.  They wvere, in short, the  rmaistri, who had a sort of local police, and who,
attendants of all maoistrates who had the jus pren-  according  to the regulation  of Augustus, were
dendi. (Gell. xiii. 12; Liv. ii. 56, xxx. 39, xxxix.  every year chosen by lot from  among the people
34; Lydus, de   eglayist. i. 44.)  How  many via-  who lived in the vicus. (Suet. I.c.; Dion Cass. Iv.
tores attended each of these magistrates is not  8.)  On certain days, probably at the celebration
known; one of them is said to have had the right  of the compitalia, they wore the praetexta, and
at the command of his magistrate to bind persons  each of them  was accompanied by two lictors.
(ligyre), whence lie was called lictor. (Gell. xii. 3.)  (Dion Cass. 1. c.; Ascon. ad Cic. in Pison. p. 7. ed.
It is not improbable that the ancient writers some-  Orelli.)  These officers, however, were not a new
times confound viatores and lictores. (Sigonius, tle  institution of Augustus, for they had existed during
Asnt. Jar. Civ. RomiZanoriums, ii. 15; Becker, leeandb.  the time of the republic, and had had the same
d'er R;n. AlNHiell. vol. ii. pt. ii. p. 379.)   [L. S.]    functions as a police for the vici of the Servianl
VICA'RII SERVI.  [SERvus, p. 1037, b.]             division of the city.  (Liv. xxxiv. 7; Festus, s. v.
VICA'JRIUS.  [EXERCITIuS, p. 504, a.]              MIagisetrare; comp. Sextus Rufus, Breviariuimn (le
VICE'SIMA, a tax of five per cent.  Every  Regio^nibus Urdis Roz2ae; and P. Victor, de RegiolRoman, when he manumitted a slave, had to pay  nibu2s Ubis Rdmae.)                        [L. S.]
to the state a tax of one-twentieth of his value,    VICUS.  [UNIVERSITAS, p. 1216, a.]
wvhence the tax was called vicesiina 7eeaenmissionis.    VI'GILES.  [ExERCITUS, p. 510, a.]
This tax appears to have beens levied from  the         VIGI'L1AE.  [CASTRA, p. 250, b.]
earliest times, and was not abolished when all    VIGINTISEXVIRI were twenty-six magisother imposts were done away with in Rome and  tratus minores, among whom  were included the
Italy. (Liv. vii. 16, xxvii. 10; Cic. Ad Ati. ii. 16.)  triumviri capitales, the triumviri monetales, the
Claracalla raised this tax to a deciilsa, that is, tel  quatuorviri viarum curandarum for the city, the two
per cent., but Macrinus again reduced it to the old  curatores viarum for the roads outside the city, the
standard. (Dion. Cass. lxxvii. 9, lxxviii. 12.) The  decemviri litibus (stlilibus) judicandis, and the four
persons employed ill collecting it were called Vice-  praefects who were sent into Campalia for the
simlalii.  (Petron. Fraglm. Tragyur. 65; Orelli, In-  purpose of administering justice there.  Augustus
script. in. 3333, &c.)                               reduced the number of officers of this college to
A tax called vicesias liereditcztizu  el legycalorum was  twenty (vigintiviri), as the two curatores viarumn
introduced by Augustus (Leu Julia Vicesimaria)i: it  for the roads outside the city and the four Campaconsisted of five per cent. which every Roman citizen  nianr praefects were abolished. (Dion Cass. liv. 26.)
had to pay to the aerarium militare, upon any in-  Down to the time of Augustus the sons of senators
Ileritailce or legacy left to him, with the exception  had generally sought and obtained a place in tile
of such as were left to a citizen by his nearest re-  college of the vigintisexviri, it being the first step
latives, and such as did not amount to above a cer-  towards the higher offices of the republic; but in
taiur sum. (Dion Cuss. Iv. 25, lvi. 28; Plin. ]>anesg.  A. D. 13 a senatusconsulturm  was passed ordaining
37, &c.; Capitol. l. Anltonin. 11.)  Peregrini and  that only equites should be eligible to the college
Latini who had become Roman citizens had, in a  of the vigintiviri.  The consequence of this was
legal sense, no relative, and were therefore obliged  that the viginltiviri had ino seats in the senate,
in all cases to pay the vicesima hereditatium. (Plin. unless they had held some other magistracy which
Paneg. 1. c.)  As only citizens had to pay: this tax,  conferred this right upon them.  (Dion Cass. 1. c.)
Caracalla, in order to imake it more productive,  The age at which a person might become a vigillgranted the franchise to all the subjects of the em-  tivir appears to have been twenty. (Compare Dion
pire, and at the same time raised it to ten per cent.  Cass. lx. 5; Tacit..Alnnl. iii. 29, with Lipsius'
(decimza), but Macrinus agailn reduced it to five  note; Spart. Did. Julianz. 1.)  Aln account of the
(Dion. Cass. lxxvii. 9, lxxviii. 12), and at last it  magistrates forming this college ihas been given it
was abolished entirely.  It was levied ill Italy and  separate articles.                       [L. S.]
the provinces by procuratores appointed  for the        VIGINTIVIRI.  [VIGINTISEXVIRI.]
purpose, and who are mentioned il many inscrip-    VILLA, a farm or countrr-house.'The Roman
tions as PROCURATOiRES XX  HERED.ITATIUM, or  writers mention two kinds of villa, the villa'zstaicas
AD VECTIGAL XX HIERaDIT.  But these officers  or farm-house, and the villa  urbana or?)sezdrogenerally sold it for a round slim to the publicaini,  urbana, a residence in the country or in the suburbs
which the latter had to piay in to the praefects of  of a town.  Whesn both of these were attached to
the aerarini militare. (Plin. E]pist. vii. ]4, Paneg.  an estate, they were generally united ill the stame
37.)                                     [L. S.]    range of buildings, but sometimes they were placed
VICOMAGISTRI.  [VIcus.]                            at different parts of the estate.  The part of the
VI'CTIMA.  [SACRIFICIUMi.]                         villa r-ustica, in which the produce of tile fairm was
VICTOR1IA'TUS.  [DENARIUS.]                        kept, is distinguished by Columella by a separate
VICUS is the namne of the subdivisions into  name, villa fSucluaria.
which  the four regions occupied by the four city       1. The villa'lustica is described by Varro (R. 7I.
tribes of Servius Tullitus were divided, while the  i. ]l, 13), Vitruvius (vi. 9), and Colunlella (i. 4.
cotuntry regions, according to an institution ascribed  ~ 5).
to Numa, were subdivided into Pagi. (Dionys. ii.    The villa, which must be of size corresponding
76.) This division, together with that of the four  to that of the farm, is best placed at the foot of  a
regions of the four city tribes, remained down to  wooded mountain, ill a spot suppliedl with rullninrg
the time of Augustus, who made the vici subdivi-  water, and not exposed to severe vwinds nlor to the
sionis of the fourteen regions into which he divided  e fituria of marshes, ilor (by being close to a putlbic




VILLA.                                            VILLICUS.                  11.97
road) to a too frequent influx of visitors. The villa  at variance wvith the rule of Vitruvius;  and the
attached to a large farm  had two courts (cohlortes,  villa at Pompeii also has no atrium.  It would
clhores, cortes, Varro, i. 13).  At the entrance to  appears from Cicero (I. c.) that both arrangements
the outer court was the abode of the villicus, that  were common.  Next to the atrium  in Pliny's
he might observe who went ill and out, and over  Laurentine  villa was a small elliptic peristyle
the door was the room of the procurator.  (Varro,  (porlicus in 0  literae similitudinem  circumactae,
1. c.; Colum. i. 6.)  Near this, in as warm a spot  where, however, the readings D  and A are also
as possible, was the kitchen, which, besides being  given instead of O).  The intervals between the
used for the preparation  of food, was the place  columns of this peristyle were closed with talc
where the slaves (familiae) assembled after the  windows (specularibus, see Doaus, p. 432), and
labours of the day, and where they performed  the roof projected considerably, so that it formed
certain in-door work.  Vitruvius places near the  an excellent retreat in unfavourable weather. The
kitchen the baths and the press (torczlar) for wine  open space in the centre of this peristyle seems
and  oil, but the latter, according to Columella,  often to have been covered with moss and ornathough it requires the warmth of the sun, should  mented with a fountain.  Opposite to the middle
not be exposed to artificial heat.  In the outer  of this peristyle was a pleasant cavaediuem, and
court were also the cellars for wine and oil (cell(e  beyond it an elegant tricliniumn, standing out from
vinariae et oleaniae), which were placed on the  the other buildings, with windows or glazed doors
level ground, and the granaries, which were in the  in the front and sides, which thus commanded
upper stories of the farm-buildings, and carefully  a view  of the grounds and of the surrounding
protected  from  damp, heat, and insects.  These  country, while behind there was an uninterrupted
store-rooms form  the separate villa fi-ucluaria of view  through the cavaedium, peristyle, atrium,
Columella; Varro places them  in the villa rusticcs, and portico into the xystus and the open country
but Vitruvius recommends that all produce which  beyond.
could be injured by fire should be stored without    Such was the principal suite of apartments in
the villa.                                          Pliny's Laurentine villa.  In the villa at Pompeii
In both courts were the chambers (cellae) of the  the arrangement is somewhat different.  The enslaves, fronting the south; but the ergastulum  for  trance is in the street of the tombs.  The portico
those who were kept in chains (vincti) was under- leads through a small vestibule into a large square
ground, being lighted by several high and narrow   peristyle paved with opus signinum, and having an
windows.                                            impluvium  in the centre of its uncovered area.
The inner court was occupied chiefly by the  Beyond this is an open hall, resembling in form
horses, cattle, and other live stock, and here were  and position the tasblinumzs  in a town-house.  Next
the stables and stalls (btubilia, equilia, ovilia).  is a long gallery extending almost across the whole
A reservoir of water was made in the middle of width of the house, and beyond it is a large cyzieach court, that in the outer court for soaking pulse  cene oecus, corresponding to the large triclinium in
and other vegetable produce, and that in the inner,  Pliny's villa. This room looks out upon a spacious
which was supplied with fresh water by a spring, court, which was no doubt a xystus or garden, and
for the use of the cattle and poultry.              which is surrounded on all sides by a colonnade
2. The Villa urbana orpseudo-surbana was so called  composed of square pillars, the top of which forms
because its interior arrangements corresponded for a terrace.  In the farthest side of this court is a
the most part to those of a town-house. [HousE.]   gate leading out to the open country.  As the
Vitrsvius (vi. 8) merely states that the description  ground  slopes downward considerably from  the
of the latter will apply to the former also, except front to the back of the villa, the terrace just
that in the town the atrium  is placed close to the  spoken of is on a level with the cyzicene oecus, the
door, but in the country the peristyle comes first, windows of which opened upon it; and beneath
and afterwards the atrium, surrounded by paved  the oecus itself is a range of apartments on the
porticoes, looking upon the palestra and ambulatio.  level of the large court, which were probably used
Our chief sources of information on this subject in summer, on account of their coolness.
are two letters of Pliny, in one of which (ii. 17)    The other rooms were so arranged as to take
he describes his Laurentine villa, in the other (v. 6)  advantage of the different seasons and of the surhis Tuscan, with a few allusions in one of Cicero's  rounding scenery. Of these, however, there is only
letters (ad Quint. iii. 1), and, as a most important one which requires particular notice, namely, a
illustration of these descriptions, the remains of a  state bed-chamber, projecting from the other busildsuburban villa at Pompeii. (Pompeii, ii. c. 11, Lond. ings in an elliptic or semicircular form, so as to
1832.)                                              admit the sun during its whole course.  This
The clearest account is that given by Pliny in  apartment is mentioned by Pliny, and is also found
the first of the two letters mentioned above, from  in the Pompeian villa.  In Pliny's Laurentine
which, therefore, the following description is lor  villa its twall was fitted up as a library.
the most part taken.                                  The villa contained a set of baths, the general
The villa was approached by an avenue of plane  arrangement of which was similar to that of the
trees leading to a portico, in front of which was a  public baths.  [BALNEAE.]
aystlss divided into flower-beds by borders of box.    Attached to it were a garden, ambulatio, ~qeslclio,
This xystus formed a terrace, from which a grassy  hippodromus, sphaeristeriusm, and in short all necesslope, ornamented with box-trees cut into the figures  sary arrangements for enjoying different kinds of
of animals, and forming two lines opposite to one  exercise.  [HoRTUS; GYMNASIUM.]
another, descended till it was lost in the plain,    (Becker, Gallsus, vol. i. p. 258; Schneider's notes
which was covered with acanthus.  (Plin. v. 6.)  on Columella and Varro, and Gierigs on Pliny,
Next to the portico was an atrium, smaller and  contain many useful remarks.)                [P. S.]
plainer than  the corresponding apartment in a    V'LLICUS (srilrpo7ros in Greek writers, Plut.
town-house.  In this respect Pliny's description is  Crass. 4), a slave who had the superintendened




1198             VINDICATIO.                                         VINDICATIO.
of the villa rustica, and of all the business of  12), were Sacramento; Per judicispostulationem;
the farm, except the cattle, which  rere under the  Per condictionem; Per manus injectionein; Per
care of the mlayister pecois.  (Varro, R. R. i. 2.)  pignoris  capionem.   [P:R  JUDICIS  POSTULAThe duties of the villicus were to obey his master  TIONEM;  PER CONDIcTIONEM; MANtS INJECimplicitly, and to govern the other slaves with  TIO; PaER PIGNORIS CAPIONEM.]
moderation, never to leave the villa except to go to   A man might proceed Sacramento either in the
market, to have no intercourse with soothsayersi case of an Actio in personam or an Actio in rem.
to take care of the cattle and the implements of The part of the process which contained the sacra-a
husbandry, and to manage all the operations of the  menzto contendere, or the challenge to the deposit
farm. (Cato, R1. R. 5. 142.)  His duties are de-  of a sum  of money originally, and afterwards to
scribed at great length by Coluttella (xi, 1, and  the engagement to pay a penalty, was applicable
i. 8), and those of his wife (villica) by the same  both to an action in personam  and an action in
writer (xii. 1), and by Cato (c. 143).              rem.  The condition of the penalty was in fact
The word was also used to describe a person to  the existence or non-existence of the right claimed
wholn the management of any business was en-  by the plaintiff, whatever the right might be; and
trusted.  (See the passage- quoted in Forcellini's  the process thus assumed the form of a suit for the
Lexicon.)                               [P. S.]    penalty.  It was the Sacramentum which gave to
VINA'LTA.  There were two festivals of this  this form of action its peculiar character. When the
name celebrated  by the  Romans:  the  Vinalia  parties were in judicio, they briefly stated their cases
utrbazna or prioria, and;the Viralia rustics or altera.  severally, which was called causae conjectio. If it
The vinalia urbana were celebrated on the 23rd of was an Actio in rein, that is a Vindicatio, moveable
April (Ix. Culend. Mai).  This festival answered  things and moving things (m1obilia et moventia)
to the G(eeek 7rtso0Gyoa, as on0 this occasion the wine  which could be brought before the Praetor (in jus),
casks which had been filled the preceding autumn  were claimed before the Praetor (in jare vizndicawere opened for the first time, and the wine tasted. bantut) thus: he who claimed a thing as his pro(Plin. H. N, xviii. 69. ~ 3.)  But before men ac- perty (qui vmzdicabat), held a rod in his hand,
tualli tasted the new wine, a libation was offered  and laying hold of the thing, it might be a slave
to Jupiter (Fest. s. v. Vinalia), which was called  or other thing, he said; "Hune ego hominem ex
calpar.  (Fest. s. v. Calpar.)                      jure Quiritium Meum  esse aio secundum  causam
The rustic vinalia, which fell on the 19th of sicut dixi.  Ecce tibi Vindictam  illlposui;" and
August (xIv. Calend. Sept.) and was celebrated  saying this lie placed the rod on the thing.   The
by the inhalbitants of all Latium, was the day on  other claimant (adversarius) did and said the same.
wnhich the vintage was opened.  On this occasion  This claiming of a thing as property by laying the
the flamen dialis offered lambs to Jupiter, and  hand upon it, was "in jure manuln conserere," a
while the flesh of the victims lay on the altar, he  phrase as old as the XII Tables.  (Gell. xx. I0.)
broke with his own hands a bunch of grapes from   The Praetor then said: "Mittite anibo hominel,"
a vine, and by this act he, as it were, opened the. and the claimants obeyed. Then he who had made
vintage (vindesl ians auspicari; Varro, de Linzg. Lat,  the first vindicatio thus addressed his opponent:
vi. 20), and no must was allowed to be conveyed  "Postulo anne dicas qua ex causa vindicaveris.'"
into the city until this solemnity was performed.  The opponent replied: "Jus peregi sicut Vindictam
(Plin. IT. N. xviii. 69. ~ 4.)  This day was  imposui."  Then he who had made the first vindi.
sacred to Jupiter, and Venus too appears to have  catio proceeded to that part of the process called the
had a share in it. (Varro, I. c.; de Re Rust. i. 1; Sacramentum, which was in the form  of a wager
Macrob. Sat. i. 4; Ovid, Fast. iv. 897, &c.)  An  as to the Right; he said: "Quando tut injuria viaaccount of the story wh}ich was believed to have  dicavisti D  Aeris sacramento te provoco."   The
given rise to the celebration of this festival is given  opponent replied by giving the Similiter; " Simi.
by Festus (s. v. Rustica vinalia) and Ovid (Fast. liter ego te."
iv. 363, &c.; compare Aurel. Vict. de Orig. Gent.    The process of the Sacramenturn, as already
BRom. 15).                              [L. S.]    observed, was applicable to an actio in personam;
VINDEMIA'LIS   FE'RIA.  [FERIAE,  p. but as that was founded on an obligatio, there was
530, a.]                                            of course no specific object to claim. In the case of
VINDEX. [ACTIO, P. ]1, a;  MANUS  IN-  a Vindicatio the Praetor declared the Vindiciae
JECTIO. ]                                           in favour of one of the parties, that is, in the meanVINDICA'TIO.  Actiones In Remwere called  time he established one' of the parties as Possessor,
Vindicationes: Actiones in Personam, " quibus  and compelled himn to give security to his opponent
dari fieri oportere intendimus," were called Con-  for the thing in dispute and the mesne profits, or
dictiones. (Gains, iv. 5.) Vindicationes therefore  as it was technically expressed, "jubebat praedes
were actions about the title to res Corporales, adversario dare litis et vindiciarum."
and to Jura in re. (Gains, iv. 3.) The distinction    The Praetor took security from  both for the
between Vindicationes and Condictiones was an  amoulit of the Sacramentstm; for the patty who
essential distinction  which was not affected by  failed paid the amount of the Sacramentum as a
the change in the form  of procedure from  the  penalty (poenae nownine) which p6nalty belonged
Legis Actiones to that of the Formulae.  The  to the state (in pstblicuas  cedebat).  The stists of
Legis Actiones fell into disuse (Gains, iv. 31)  money were originally deposited in sacro: the
except in the case of Damnum  Infectum and a  successfufl party to-ok his money back, and the deJudicum Centumvirale, and from  this time both  posit of the unsuccessful party was paid into the
Vindicationes and  Condictiones were prosecuted  aerarium. (Varro, de L. L. 180, Miiller; Festus,
by the Formulae. [Acrio.]  The peculiar process s. v. Sacracmenztuz.)
of the Vindicatio belonged to the period when the    The Poena of the Sacramentumn was quingenaria,
Legis Actionles were in force.                      that is, quingenti asses, in cases when the property
The five modes of proceeding Lege (Gaius, iv. in dispute was of the value of a thousand asses and




VINDICATIO.                                      VINDICATIO.                  1199
upwards; and in cases of smaller value it was fifty    This Sponsio Praejudicialis was merely a tech.
asses.  This was a provision of the XII. Tables; nical mode of converting an actio in rem  into an
but if a man's freedom (libertas) was in issue, the  actio in personam, and we must suppose that there
poena was only fifty asses.                        was some goodreason for the practice.  It might
If the property claimed was a piece of land, the  be conjectured that it was introduced in order to
claimants appeared In jure and challenged each  obviate the trouble and difficulties attendant on the
other to go on the land in the presence of witnesses  old process of the Vindicatio.
(superstites, Festus, s. v.; Cic. pro Mlurena, 12),    From the expression of Gaius, it appears that
where each made his claim.  In the time of the  there was also a Sponsio Poenalis, that is both the
Twelve Tables says Gellius (xx. 10) the Magis-  defendant made a sponsio and the plaintiff made a
tratus who presided in the court accompanied the  restipulatio.  Thus in the case of "certa pecunia
parties to the land in order to perfect the process  credita," the defendant's sponsio was made at the
in jure; but this mode of procedure, which might risk of losing the sum, if he could not sustain his
do in very early times and within a small territory, denial of the plaintiff's claim; and the plaintiff's
must have become inconvenient.  Accordingly it restipulatio was made at the like risk if lie could
became the practice for one of the claimants to go  not support his claim.  The poena of the Sponsio
through the form  of ejecting the other from  the  and restipulatio belonged to the successful party.
land, which was called the Vis Civilis.  (Com-  (Gaius, iv. 13;) There was also a Poenalis sponsio
pare Gellius, xx. 10; Cic. pro Caecina, 1, 7, 32, in the case of Interdicts (Gaius, iv. 141, 165, &c.),
pro 7Xllio, 20.)  In  course of time it became  and Pecunia, Constituta.   In the case of Certa
the practice to bring into court a clod of earth, or  Pecunia the sponsio was to the amount of one-third
a bit of a column, as a sign of the thing; and  of the sum  demanded, which was called legitima
even in the case of moveable objects, a part was  pars.  (Cic. pro Rose. Corn. 4, 5.)  In the case of
often brought into court to represent the whole; Constituta Pecunia the sponsio was to the amount
and the Vindicatio was made as if the whole thing  of one-half. (Gaius, iv. 171.) These stipulationes
was there.  It seems that the process might also  were fixed by law; in other cases they were fixed
be begun by the parties performing the ceremony  by the Edict.
of the Deductio on the ground before they came In    These sponsiones were introduced probably partly
jus, where however they performed the fiction of with a view to check litigation. and partly with a
going to the premises and returning.  The change  view to give compensation to the party who ultiin the form of procedure, which change was accom- mately obtained a verdict; for otherwise there do
plished "contra Duodecinm Tabulas, tacito consensu,"  not appear in the Roman law to be any direct proled to the phrase'"ex jure manum conserere" (Gell. visions as to the costs of suits.  Thus Gaius (iv.
xx. 10), which is explained thus:  one party  174) enumerates four modes in which the Actoris
called the other out of court (ex jure) "ad con-  calumnia is checked; the Calumniae judicium,
serendam  manum  in rem  de qua agebatur:" the  Contrarium judicium, Jusjurandum, and the Restiparties, he says, then went together to the land in  pulatio.  The Restipulatio, he says, "is allowed
dispute, and brought a clod of earth from it, "in  in certain cases; and as in the Contrarium judicium
jus in urbem ad Praetoremr;" and the clod of earth  the plaintiff has in all cases judgment against him,
was viewed as the whole " ager."                  if he cannot sustain his case, and it matters not
When the Legis Actiones fell into disuse, the  whether or not he knows that his claim was not
process of the Vindicatio was altered and became  good, so in all cases the plaintiff (that is if he canthat of the Sponsio.  The term Sponsio is best ex- not sustain his case) is condemned in the penalty
plained by giving the substance of a passage in  of the restipulatio."
Gaius (iv. 91, &c.). In the case of an actio in rem,    As to the form  of the Sponsio the passage of
a sean might proceed either Per formulam  petito-  Gaius already referred to is an example; and there
riam, in which the Intentio of the plaintiff was, is another in the oration of Cicero, pro P. Qu6inthat a certain thing was his property; or he might tio (8. 27).  The use of the word Si or Ni in the
proceed Per sponsionem  which did not contain  Sponsio would depend on the fact which was afsuch an Intentio.  The defendant was challenged  firmed or rather on the mode of affirmation and
to a Sponsio in such terms as these   " Si homo  the party affirming.  Cicero (pro Caecin. 23) alquo de agitur ex jure Quiritium meus est sestertios  ludes to the use of these words (sire, nive)  Bris..s
xxv. Nummos dare spondes?"  The Intentio in  sonius (de Formeulis, &c. v. 7. p. 348) has collected
the formula was that if the slave belonged to the  instances of them.
plaintiff, the sum of money contained in the Spon-    The other mode of procedure in the case of Vinsio ought to be paid to the plaintiff (sponsionis  dicatio, that was in use after the Legis Actiones
sotunl'aza actoni dari debere).  The Sponsio evi-  fell into disuse was, Per Formulam  Petitoriam, in
dently took its name from the verb Spondeo.  If which the plaintiff (actor) claimed the thing as his
the plaintiff proved the slave to be his property, he  property (intendit rein seanm esse).  In this form of
was intitled to a judgment.  Yet the sum  of mo- proceeding there was the Stipulatio called Judicaney was not paid, though it Wvas the object of the  tumrn solvi, by which the defendant engaged to obey
Intentio, for5 says Gaius, "it is not poenalis, but the decree of the Judex.  (Gaius, iv. 91.)  This
praejudicialis, and the sponsio is introduced merely  formula was adapted also to the cases of Praetorian
as a means of trying the right to the property, and  ownership and the Actio Publiciana.  (Gaius, iv,
this explains why the defendant has no restipula. 34, 36.)  In cases which were brought before the
tioe.   The sponsio was said to be "pro praede  Centumviri, it was the practices at least in the
litis et vindiciarum,?' because it took the place of Imperial period, to come first before the Praetor
the praedinum, which when the Legis actiones were  Urbanus or Peregrinus in order that the matter
in use, was given"pro lite et vindiciis," that is, might be put in the old form of the Sacramentum.
"pro re et fractibus" by the possessor to the plain- (Gaius, iv. 31, 95; Gell. xx. 10.)
tiff.  [PIAEJUDCIUM, PARS.]                    An hereditas was sued for like any other thing




1203              VINDICTA.                                             VINEA.
either by the Sacramentuin, so long as it was in  plaint which could be instituted by a filiusfaimilias
use, or the  Sponsio, or the Petitoria Formula.  in his own name, because the object was Vindicta.
(Gains, iv. 11, 31; Walter, Geschkichte des RMm.  The ground of this capacity of a filiusfamilias was
Rechts; Puchbta, Inst. ii. ~ 161.)      [G. L.]    an injury done to him  personally by a person who
VINDI'CIAE.  [VINDICATIO.]                       acted in opposition to his remonstrance.  If for iLnVINDICTA.  [MANuMISSIO; VINDICATIO.]  stance the son inhabited a house belonging to his
VINDICTA.  A class of actions in the Roman  father or one hired from  a stranger, ald was disLaw have reference to Vindicta as their object,  turbed in his enjoyment by some act of his neighwhich is thus expressed: ad ultionem pertinet, in  bour, the filitsfamilias might have an action for
sola vindicta constitutum est, Vindictam  continet.  the amount of the damage, but the pecuniary
(Dig. 47. tit. 12. s. 6. 10; 29. tit. 2. s. 20. ~ 5.)  satisfaction would belong to the father as in the
Some of these actions had for their object simply  case of the Actio Injuriarum.  But the action was
compensation, as the Actio doli.  Others had for  not in bonum et aequum concepta, since it had a
their object to give the complainant,something more  definite object, which was either the restoration of
(poena) than the amount of his injury, as in the  things to their former condition, which might be
Furti actio, and sometimes in addition to this corm-  immediately for the benefit of the filitsfamilias, or
pensation also as in the Vi Bonorum raptortim actio.  to ascertain the value of the wrong done (quod
A third class of actions had for its immediate object  interest).
money or property, but this was not the ultimate       6. The action against a Libertus in respect of an
object as in the cases already mentioned, but  In Jus vocatio.  [PATRlONUS.]  If the Libertus
merely a means; the real object was Vindicta.  had proceeded against the son of his patron, and
This Vindicta consists in the re-establishment of a  the father was absent, the son could institute the
right which has been violated in the person of the  suit himself, as in the case of the Actio Injuriarnm.
complainant, in which case the individual discharges   7. Querela Inofficiosi.  [TESTAMENTUM.]
the office which the State discharges generally in    8. Actiones Populares, which are actions in
matters of Crime.  Those actions of which Vindicta  which the plaintiff claims a sum of money, but not
is the object, are distinguished from  other actions  as a private individual:  he comes forwvard as a
by forming exceptions to the general rules as to the  kind  of representative of the State.  If the act
legal capacity of those who mnay institute  them,  complained of be such as affects the interests of insuch as a filiusfamilias and one who has sustained   dividuals as such, they can bring  an  action in
a capitis deminutio.                                preference to any other person and the action is
The  following  are actions of this  kind:-   not purely popular: to this class belong such ac1. Actio Injuriarum.  WVhen a filiusfamilias was  tions as the Actio sepulcri violati.  But if there
injured, a wrong was done both to him and to his  are no persons who are individually interested in
father.  The injury done to the son is the only  the matter complained of, or none such bring an
one that belongs to the head of Vindicta.  The  action, any person (units expopulo) may bring the
father generally brought the action, for lie could  action as the Procurator of the State, and he is
acquire through his son all rights of action.  But  not bound to give the security which an ordinsary
the son could bring an action in his own name with  procurator must give.  A filiusfamilias can bring
the permission of the Praetor, if the father was ab-  such action.  By virtue of the Litis contestatio the
sent, or was in any way prevented from bringing the  action becomes the same as if it were founded
action; and in some cases, if the father refused to  on an obligatio, and this riglt of action as well as
bring the action.  The pecuniary damages which  the money which may arise from  it is acquired by
were the immediate object of the action belonged  the filiusfamilias for his father.   These actionles
to the father, so that the son appeared in the  being for fixed sums of money are not in bonum et
double capacity of ssuing in his own name in  re-  aequum conceptae.
spect of the Vindicta, and as the representative of    With the populares actiones may be classed as
his father in respect of the damages.  If the son  belonging to the same kind, the Interdicta Publica
was emancipated, the right of action passed to him   or Popularia, and that Novi operis nuntiatio which
and was not destroyed by the capitis deminutio.    is for the protection of Publicum  Jus  with this
2. Actio sepulcri violati, which could be brought  distinction, that the proceedings have not for their
by  the children of the deceased, even if they  object the recovery of a sum  of money.  But in
refused the hereditas, or by the heredes.  The  the general capacity of all persons to bring sucll
object was Vindicta, which was effected by giving  actions, independent of the usual rules as to legal
the plaintiff damages to the amount of the wrong  capacity, all these modes of proceeding agree.
(quanti ob earn reim aequum videbitur, Ce. Dig. 47.    (Savigny, Systens  des lieat. MIns. Rechlts, ii.
tit. 12. s. 3).   The action  was consequlently in  121.)                                   [G. L.]
bonum et aequum concepta, and the right was not    VI'NEA, in its literal signification, is a bower
affected by a capitis deminutio.  If those who had  formed of the branches of vinles, asnd from the proa right to bring the action neglected to do so, any  tection which such a leafy roof affirds, the name
person might bring the action; but in that case  was applied by the Romans to a roof under which
the damages were limited to 100 aurei by the Edict.  the besiegers of a town protected themselves against
3. Actio de effusis.  When a free person was  darts, stones, fire, and the like, which were thrown
injured by anything being poured or thrown from   by the besieged upon the assailants.  The descripa house, he had an actio is bonum et aequum con-  tion which Vegetius (de Re Alif. iv. 15) gives of
cepta, the ultimate object of which was Vindicta.   such a machinle perfectly agrees with what we know
4. An action for mischief done to a man by any  of it from the incidental mention of other writers.
dangerous animal belonging to another, when it  The whole machine formed a roof, resting upon
happened through the want of proper caution on  posts eight feet in height.  The roof itself was gethe part of the owner. (Dig. 21. tit. 1. s. 40-43.)  nerally sixteen feet long and seven broad.  The
5. Interdictum  quod vi ant clam.   This is a  wooden frame was in most cases light1 so that it




VINUM.                                             VINUM.                     1201
could be carried by the soldiers; sometiles, how-  that Papirius the dictator, when about to join in
ever, when the purpose which it was to serve re-  battle with the Samnites, vowed to Jupiter a smnall
quired great strength, it was heavy and then the  cupful (vini poc~illum). if he should gain the victory,,
-whole fabric probably was moved by wheels at-  That wine war racked off into  amphorae  and
tached to the posts. The roof was formed of planks  stored up in regular cellars as early as the era
and wicker-work, and the uppermost layer or layers  of the  Gracchi Pliny considers proved  by the
consisted of raw hides or  wet cloth as a protection  existence in his own day of the Vinum Opihmianumt,
against fire, by which the besieged frequently de-  described hereafter.  But even then no specific apstroyed the vineae.  (Liv. ii. 17, v. 7, xxi. 61.)  pellation was given to the produce of different loThe sides of a vinea were likewise protected by  calities, and the jar was marked with the name of
wicker-work.  Such machines were constructed inl  the consul alone. For many years after this foreign
a safe place at some distance front the besieged  twines were considered far superior to native growtls,
town, and tllen carried or wheeled (agere) close to  and so precious were the Greek vintages esteemed.
its walls.  Here several of them were frequently  in the times of nMarius and Sulla that a single
joined together, so that a great nummber of soldiers  draught only was offered to the guests at a bannight be employed under them.  When vineae  quet.  The rapidity with which luxury spread iin
had taken their place close to the walls the sol-  th.is- matter is well illustrated by the saying oF
diers began their operations, either by underminini g  M. Varro, that Lsucullus when a boy never saw  ntl
the walls, and thus opening a breach, or by em-  entertainment in his father's house, hlowever splenploying the battering-ram  (aries, Liv. xxi. 7, 8).  did, at whalicl Greek twine was handed round more
In the time of Vegetius the soldiers used to call  thlan once, but whenl in manhood hle returned firoml
these machines causiae.  (J. Lipsius, Poliorcet. i.  his Asiatic conquests he bestowed on the people a
dial. 7.)                                [L. S.]    largess of more than a hundred  thousand cadi.
VINUM   (oeeos).  The genleral term  for the  Four different kinds of-wine are said to have been
fermented juice of the grape.                        presented for the first time at the feast given by
The native country of the vine was long a vex-  Julius Caesar in his third consulsilip  (r. c. 46),
ata quaestio among botanists, but, althoughi  many  these being Falernian, Chian, Lesbian, and Mameirpoints still remain open for debate, it seems now to  tille, aiid niot until after this date were tle mierits
be generally acknowledged that it is indigenous  of the numerous varieties, foreigii anid doniestic,
throughout the whole of that vast tract which  accurately  known and fully appreciated.   But
stretches southward from the woody mountains of  duritng the reign of Augustus and his immediate
Mazanderln on the Caspian to the shores of tle  successors the study of wines became a passion, and
Persian Gulf and the Indian sea, and   eastward  the most scrupulous care -was bestowed upon every
through Khorasan and Cabul to the base of the  process connected with their production and proI-Iinmlaya,-the region to which history and phi-  servstion. (Pliln.. N. xiv. 28.)  Piiny calculate3
lology alike point as the cradle of the human race.  that the numiber of wines in the whole world deHience, wlhen we consider the extreme facility of  servillg to be accounted of high quality (nzobil a)
the process inl its most simple form, we need little  amlounted to eighty, of which  his own. coulltr'
wonlder that the art of making Nvine should have  could claim  two-thirds (xiv. 13); and in anothler
been discovered at a very reliote epochl.            passage (xiv.'29) he asserts that 195 distinct kinds
lIn the earliest of profane writers the cultivation  might be reckoned up, and that if all the varieties
of the grape is represenlted as fauiiiliiar to the Heroic  of these were to be included inl tile computation,
Greeks, some of his mnost beautiful and vivid pic-  the sum would be alniost doubled.  (Plin. H. R.
tumes of rural life being closely connected witlh the  xiv. 6. 29.)
toils of the vineyard.  It is worth remarking tllait'The process followed in wine-making was esthe only winie upon whose excellence HIonmer dilates  sentially the same among both  thle Greeks and
in a tone approaching to hyperbole is represented  the Romtans.  After the grapes lhad been gathered,
as having been produced on the coast of Thrace, the  they were first trodden with thle feet ald afterregion from  which poetry and civilization spread  wards submitted to the action of the press.  This
into Itellas, and the scene of several of the mlore  part of tile process of wine-nlaking is described in
remarkable exploits of Bacchus.  IIence we might  the article'ToRcULvUL.
infer that the Pelasgians introduced the culture of    The sweet unferimented juice of the grape was
the vine when they wandered westward across the  termed,yAevicos by the Greeks and m2ustuni by thie
Hellespont, and that in like manner it was coln-  Rlomans, the latter word being properly an adveyed to the valley of the Po, when at a subse-  jective siganif''ig new orJ'esh.  Of this there were
quent period they nmade their way rounld the head  severmal kinds distinguished acccording to the mtiilof the Adriatic. It seems certain from the various  net in which each was originally obtained land sublegends that wine was both rare and costly ill the  sequently treated.  That which flowed  from the
earlier ages of Italian and Romamn history.  Thus, clusters, in consequence merely of their pressure
a tradition preserved  by Varro (.pq.  /'liz. i. N.  upon each other before any force was applied, uwas
xiv. 14) told that wheo  Mezentius agreed to aid  knlown as 7rpoxveua (Geopon. vi. 16) orlprotropumt
the Rutilians he stipulated that the produce of the  (PIin. tI. ir xivN.  11), atid was reserved for manuLatian vineyards should be his recompense.  Ro-  filcturing a particular species of rich wine described
mulus is said to have used milk onely i  his ofifer-  by Pliiy (1. c.) to which the inhabitamnts of Mlytilene
ings to the gods (Plin. 1.c.): Numa, to check ex-  gave tile name of rpo'3poeLos or 7rporpowros. (Athen.
travagance, prohibited the sprinkling of wine upon  i. p. 30, b., ii. p. 45, e.)  That whichl was obtained
the funeral pyre, and, to stimulate the energies  next, before the grapes had been filly trodden, was
of the  rustic population, he ordailled  that it  the muts/tum  lixiviuss, and was conlsidered best for
should be held impious to offer a libation to the  keepinlg. (Geopom. vi. 16; Colun. xii. 4!.) After
gods of wine which had flowed from an lnmpruned  the grapes had been ftlly trodden and pressed, the
stock.  So scarce was it at a much later period   utass was taken oLut, thie edges of tile husks caut,
-  4 




1202                VINUM.                                             VINUIM.
und the whole again subjected to the press; the  moreover sprinkled with sea-water, fumigated with
result was the mzusts2ZO tortivUm)  or circeisitztl   aromatic plants and rubbed with their ashes, all
(Cato, R. R. 23; Varr. i. 54; Colum. xii. 36), rank smelling substances, such as rotten leather,
which was set apart and used for inferior purposes. garlic, cheese, and the like, being removed, lest they
A portion of the must was used at once, being  should impart a taint to the wine. (Geopon. vi. 2,
drunk fresh after it had been clarified with vinegar.  3, 4; Cato, R?. 1R. 23; Varro, i. 13; Colum. xii.
(Geopon. vi. 15.) When it was desired to preserve  18, 25; Dig. 33. tit. 6. s. 3.)  In these dolia the
a quantity in the sweet state, an amphora was  process of fermentation took place. They were not
taken and coated with pitch within and without; filled quite full, in order that the scum only might
it was filled with 7ustoum lixivium, and corked so  boil over, and this was also cleared off at regular
as to be perfectly air-tight.  It was then immersed  intervals by skimming, and carried to a distance.
in a tank of cold fresh water or buried in wet sand, The fermentation usually lasted for about nine days,
and allowed to remain for six weeks or two months. and as soon as it had subsided and the ezmsturn
The contents after this process were found to re-  had become vinu2m, the dolia were closely covered,
main unchanged for a year, and hence the name  the upper portion of their interior surface as well
aEd EyAEUIco, i.e. seomper 1mustum. (Geopon. vi. 16;  as the lids (opercula dolior1to) having been prePlut. Q. N. 26; Cato, R.. 120; Colull. xii. 29; viously well rubbed over with a compound of dePlin. It _3  xiv. 11.)   A considerable quantity of frutum, saffron, old pitch, mastic, and fir-cones.
must from the best and oldest vines was inspissated  (Geopon. vi. 12; Cato, R. R. 107; Varro, i. 65;
by boiling, being then distinguished by the Greeks  Colum. xii. 25, 80.)  The opercula were taken off
under the general names of E'4/opa or yAv'Sis (Athen.  about once every thirty-six days, and oftener in hot
i. 31, e.), while the Latin writers have various  weather, in order to cool and give air to the contents,
terms according to the extent to which the evapo-  to add any preparation reqtired to preserve them
ration was carried.  Thus, when the must was re-  sound, and to remove any impurities that might be
duced to two-thirds of its original volume it became  thrown up.  Particular attention was paid to the
ca(renunZ (Pallad. Octobr. tit. xviii.), when one-half peculiar light scum, the aii'os otlov (flos vini),
had evaporated, de/,/ltns (Plin. IH. LN xiv. 9), when  which frequently appeared on the surface after a
two-thirds, sapa (known also by the Greek names  certain time, since it was supposed to afford indisiraecu  and hoepsezma, Plin. 1. c.), but these words  cations by its colour and consistence of the quality
are frequently interchanged. (See Varr. ap. NAon. c. of the wine. If red (7ropopvpiSov), broad, and soft,
17, n. 14; Colum. xii. 1 9.)  Similar preparations  it was a sign that the wine was sound; if glutinous,
are at the present time called in Italy musto cotto  it was a bad symptom; if black or yellow, it deand sapa, and in France sabe. The process was  noted want of body; if white, it was a proof that
carried on in large caldrons of lead (vasa defr'utaria),  the wine would keep well (gorvwov).  Each time
iron or bronze being supposed to communicate a  that the opercula were replaced they were well
disagreeable flavour, over a slow fire of chips, on a  rubbed with fir-cones.  (Geopon. vii. 15; Colum.
night when there was no moon (Plin. xviii. 74),  xii. 38.)  [THYesus.]
the scum  being  carefully  removed with leaves    The commoner sorts of wine were drunk direct;
(Plin. 1. c.; Virg. Georg. i. 269, iv. 296), and the  from  the dolium, and hence draught wine was
liquid constantly stirred to prevent it from burning.  called vinum doliare or vinzum de czlpa (Dig. 1 8. tit.
(Plin. xxiii. 2; Cato, R. R. 105a; Colum. xii. 19, 6. s.1. ~ 4; Varr. ap. Non. c. 2. n. 113), but the filner
20, 21; Pallad. xi. 18; Dioscorid. v. 9.)   These  kinds, such as were yielded by choice localities
grape-jellies, for they were nothing else, were used  and possessed sufficient body to bear keeping, were
extensively for giving body to poor wines and mak-  drawn off (dinffudere, [TMeayiT/iEsV) into an7plhorsae
ing them  keep, and entered as ingredients into  or Iygerne, many* fanciful precautions being obnlany drinks, such as the burrcanica potio, so called  served in transferring them from  the larger to the
from  its red colour, which was formed by mix.in0g  smaller vessel.  (Geopon. vii. 5, 6; comlpare Plin.
satpt with milk (Festus, s. v. Bsrraznica; compare  xiv. 27.)  Thlese samphosace were made of earthenOvid. Fast. iv. 782), and others described here-  ware, and in later tines occasionally of glass; they
after.                                              were stoppered tight by a plug of wood or cork
The whole of the mustum not employed for some  (colrle?, suber), which was rendered impervious to air
of the above purposes was conveyed from the lacus  by being smeared over with pitch, clay, or gypsum.
to the cella vincict   (oivoOet7r, 7rtLOEcv, Geopon. vi.  On the outside the title of the wvine was painted,
2, 12), an apartment ona the groiund-floor or a little  the date of the vintage being marked by the names
below  the surface, placed in such a situation as  of the consuls then in office, or when tile jars were
to secure a moderate and  equable temperature,  of glass, little tickets (pietacia, tesserae) were susand-at a distance from  dunghills or other objects  pended  from  them  indicating these particulars.
elnitting a strong odour.  (Varro, R. R. i. 13;  (Petron. 34.)  The amphorae were then stored up
Geopon. 1. c.)  Here were the dolia (7rfOos), other-  in repositories (cpotzhecae, Colum. i. 6; Plin. Ep. ii.
wise called seriae  or cupae, long  bell-mouthed  17; hor-ece, Senec. Ep. 115; tabulalta, Colum. xii.
vessels of earthenware (hooped tubs of wood being  41) completely distinct fiom the cella vina-ia, and
employed in cold climates only, Plin. xiv. 21) very  usually placed in the upper story of the house
carefully formed of the best clay and lined with a  (whence descende, testa, Hor. Caerr. iii. 21. 7;
coating of pitch (i7rroe'at-ora,picata), the operation  deripeoree zorreo, iii. 28. 7) for a reason explained
(Orieo'o's, picatio) being usually performed while  afterwards.
they were hot from  the furnace.   They were    It is manifest that wines prepared and bottled,
usually sunk (depressa, defossa, demzersea) one-half if -ve may use the phrase, in the manner described
or two-thirds in the ground; to the former depth if above must have contained a great quantity of
the wine to be contained aWas likely to prove strong,  dregs and sediment, and it became absolutely neto the latter if weak, and attention was paid that  cessary  to  separate these before it was drunk.
they should repose upon a dry bed.  They were  This was somietimes eficcted by fining with yelks




VINUM.                                           VINUM.                     1203
of eggs, those of pigeons being considered most ap-  then at once closed.  The free admission of air
propriate by the fastidious (Hor. Sat ii. 4. 51), or  being necessary for brisk fermentation, and this
with the whites whipped up with salt (Geopon. usually continuing for nine days, it is evident that
vii. 22),  u-at more commonly by simply straining  it would proceed weakly and imperfectly under the
through small cup-like utensils of silver or bronze  above circumstances.  For the VinTum7 DOlce of
perforated with numerous small holes, and distin-  Columella (xii. 27) the grapes were to be dried in
guished by the various names dAcorxTp,'rpuyoiiroe,  the sun for three days after they were gathered,
71Oods, colum?7 vineariumn. (Geopon. vii. 37.) [CoLuam.]  and trodden on the fourth during the full fervour
Occasionally a piece of linen cloth (oa'CKcos, saccus)  of the mid-day heat.  The mnustuz  lixiviumt alone
was placed over the vrpvyoi7ros or colusz (Pollux, vi.  was to be used, and after the fermentation wevas
19, x. 75) and the wine (atclcias, saccatus) filtered  finished an ounce of well-kneaded  iris-root was
through. (Martial, viii. 45.) The use of the saccus  added to each 50 sextarii; the wine was racked off
was considered objectionable for all delicate wines, from  the lees, and was found to be sweet, sound,
since it was believed to injure (Hor. Sat. ii. 4. 51)  and wholesome.  (Colum. l. c.)  For the Viszlou
if not entirely to destroy their flavour, and in  DiacClytsumi, more luscious still, the grapes were exevery instance to diminish the strength  of the  posed to the sun for seven days upon hurdles.
liquor.  For this reason it was employed by the  (Plin. H. AT. xiv. 11.)
dissipated  in order that they might be able to       Lastly, P'assuL or oaisin-zwine was made from
swallow a greater quantity without becoming in-  grapes dried in the sun until they had lost half their
toxicated.   (Plin. xiv. 22, compare xxiii. 1, 24, weight, or they were plunged into boiling oil, which
xix. 4. 4 9; Cic. ad Failz. ii. 8.)  The double pur- produced a similar effect, or the bunches after they
pose of cooling and weakening was effectually ac-  were  ripe were allowed to hang for some weeks
complished by placing ice or sniow  ill the filter, upon the vine, the stalks being twisted or an inciwhich under such circumstances became a coluzs   sion niade into the pith of the bearing, shoot so as
itCvariums  (Martial, xiv. 103) or saccus nitvarius  to put a stop to vegetation. The stalks and stoines
(xiv. 104).                                         were remloved, the raisins were steeped inll lust or
The wine procured from  the ilcizusums tortiivum, good wine, and then trodden or subjected to the
which was always kept by itself, must have been  gentle action of the press.  The quantity of juice
thin and poor enough, but a still inferior beverage  which flowed forth was measured, and an equall
was made by pouring water upon the husks and  quantity of water added to the pulpy residuum,
stalks after they had been fully pressed, allowing  which was again pressed and the product employed
them  to soak, pressing again, and fermenting the  for an inferior piassum called secuclodarium,  all exliquor thus obtained.  This, which was given to  pression exactly analogous to the sevTspIos mellntionl
labourers ill winter instead of wine, was the aauriva  ed above.  The passum of Crete was most prized
or 8evTEpioO of the Greeks, the losra or vinum ope-  (Mart. xiii. 106; Juv. xiv. 270), and next in ranllk
s-ariumo of the Romans, and according to Varro (ap. were those of Cilicia, Africa, Italy, and the neicghNon. xvii. 13) was, along with sapa, defrutum,  bouring provinces.  The kinds known  as Psylizsul
and passum, the drink of elderly women.  (See  and Afelaoc2psytbiloum possessed the peculiar iflavour
Athen. x. p. 440.)   The Greeks added the  of the grape and not that of wine, the Scylillites
water in the proportion of l of the must pre-  from Galatia and theIs IlzCuntum from Sicily in like
viously drawn  off, and  then boiled  down the  manner tasted like must. The grapes most suitable
mixture until -l had  evaporated; the  Italians  for passum were those which ripened early, espeadded the water in the  proportion of A  of the  cially the varieties Apiana (called by the Greeks
must, and threw  in the skimmlings  of the defrsu-  Sticha), Seirpula and Psithzca.  (Geopon. vii. 18;
tum and the dregs of the lacus.  Another drink of Colum. xii. 39; Plin. H.. V. xiv. 1 i; Virg. Geolg.
the same character was the faecatumlc from ~wine-  ii, 93.)
lees, and we hear also of vinucms praeligyaeum7c given  The Greeks recognized three colours in wines:
to the vintagers, which appears to have been mani-  red (blz4as), white, i. e. pale, straw-colour (Atuvco'd),
faictured from inferior and half-ripe fruit gathered  and brown or amber-coloured (Icqpis).  (Athen. i.
before the regular period.  (Geopon. vi. 3; C-ato, p. 32, c.)  Pliny distinguishes four: albus IanswerR. R. 23, 57, 153; Varro, i. 54; Colum. xii. 40   ing to XecoSs, fldvus to tPaIs, while gdAas is subPlin. xiv. 12.)  We find an analogy to the above  divided  into  sagcuiizeus  and niscel, the former
processes in the manufacture of cider, the best being doubtless applied to bright glowing wines
being obtained from the first squeezing of the apples  like Tent and Burgundy, while the e12cye  Or aoter
and the worst from the pulp and skins macerated  (Plaut. Menracch.  v. 6. 17) would resemble Port.
in water.                                           In the ordinary Greek authors the epithet pvupdso
In all the best wines hitherto described tile  is as conmmon as 1/E'as, and will represent the
grapes are supposed to have been gathered as soon  sasgqcuieuzls.
as they were fully ripe and fermentation to have    We have seen that wine intended for keeping
run its full course.  But a great variety of sweet  was racked off from  the dolia into amphorae.
wines were manufactured by checking the fermen-  When it wias  necessary in the first instance to
tation, or by partially drying the grapes, or by  tranlsport it from  one place to anIother, or whlen
converting  them  completely  into  raisins.  The  carried by travellers on a journey, it was contained
yAvKcos osros of the Geoponic writers (vii. 19) be-  in bags mnade of goat-skill (danoi, sitses) well
longs to the first class.  Must obtained in the or-  pitched over so as to make the seams perfectly
dinary manner was thrown into the dolia, which  tight.  The cut below, from  a bronze  found at
remained open for three days only and were then  HerculaneuIn   (Mlss. Bosrosz. vol. iii. tav. 28),
partially covered for two more; a small aperture  exhibits a Silenus astride upon one of them.
was left until the seventh day, when they were  Whenl the,quantity was large a number of hides
luted up.  If the. wine was wished  to be still  were sewed together, and the leathern  tull thus
sweeter, the dolia were left open for five days and  constructed carried firoml place to place in a cart; as.   4 H 2




1204                VINUiM,                                               VINUTM.
shown in the illustration on page 90.  (Compare  renewed, in which case a fresh chemical change
Lucian, Lex. 6.)                                     takes place, and the wine is converted into vinegar
(6eos., acetelm1), and this acid, again, if exposed to
the air, loses its properties and becomes perfectly,_-     insipid, in which form it was called vappa by the
Romnans, who used the word figuratively for a
worthless blockhead.
Now the great majority of inferior wines, beimng
thin anld wvatery, and containing little alcohol,
are constantly liable to undergo these changes,
-',;7\4 v    ~and hence the disposition to acescence was closely.lrl.( ~ 2  \<a'                       watched and combated as far as possible.  With
this view those substances were thrown into the
dolia, which it was known would neutralize any
acid which might be formed, such as vegetable
ashes, which contain an alkali, gypsum, and pure
lime, besides which we find a long list of articles,........ which must be regarded as preventives rather
"~5   X    / \,          ~~than correctives, such as the various preparations
of turpentine already  noticed, almonds, raisins
steeped in muIllst, parched salt, goats' milk, cedarSXq.... lI\0&cones, gall-nuts, blazing pine-torches, or red-hot
irons quenched in the liquid, and a multitude of
others. (Geopon. vii. 12, 15, 16, &c.)  But in ad) X    — ) - -  1'      dition to these, which are all harmless, we find
some traces of the use of the highly poisonous
salts of lead for the same purpose (Geopon. vii. 19),
a practice which produced the most fatal consequences in the middle ages, and was prohibited by
Among the ancients recourse -was had to va-  a series of the most stringent enactments.  (See
rious devices for preventing or correcting acidity, Beckmann's sIistory of' Inventions, vol. i. p. 396,
heightening the flavour, and increasing the dila-  Trans.)
bility of the inferior kinlds of wine.  IThis subject t ]ef2uttuns also was employed to a great extent;
was reduced to a regular system  by the Greeks:  but being itself liable to turn sour, it was not used
Pliny mentions four asuthors who had written for.. until its soundness had beenl tested by keeping it
llMal treatises, and the authors of the Geoponic col-  for a year.  It was then introduced, either in its
lection, together with Cato, Varro, and Columlella, simple state, in the proportion of a sextarits to the
supply a multitude of precepts upon  the same  ampllora, that is, of 1 to 48, or it was combined
topic. The object in view was accomplished somle-  withl a great variety of aromatics, according to a
times by merely mixing different kiuds of wine  prescription' furnished by Columella (xii. 20).  In
together, but more fiequently  by throwino into  this receipt, and others of the same kind, the
the dolia or amphorae various condiments, or sea-.  ml'ious herbs were intenlded to give additional.sonings (apdtu'ets, mlediesinC, conldilsrae). A-When  efficacy to the nourishing powers of the defrutunl,
two wines were mixed together those were selected  and great pains were taken to prevent them  frosn
which possessed opposite good qualities and deCects. affecting the taste of the wine.  But from  a very
(Athen. i. p. 32. 6.)                                early period it was customary to flavour wines
Thie principal substsances employed as conditurtoe  highly by a ]-arge admlixture of perfumes, plants,
avere, 1. sea-water; 2. turpentine, either pure, or anld spices.  We find a spiced drink (4i dpas`drwu
ini the form  of pitch (pix'),tar (lpdix liqusida), or  caerao'sceVa' U6.eos)  noticed under the namsne of
resin (resbins).  3. Limlle, ill the form  of gypsium, I'rpmLuta by Athenanes and the writers of the ilew
burnt marble, or calcinled shells.  4. Illspissated  comiedy (Athen. i. p. 31, e.; Pollux, vi. 18), andid
inust.  5. Arolmatic herbs, spices, anld gunis; and  for thie whole class Pliny has the general term
these were used eithller singly, or cooked up into a aroem/tiles (xiv. 19. ~ 5).
great variety of comlplicated confections.             Thriere was another and very numerous family
We lhave already seen tha:t it -was customary to  of wines, entitled oevoeo  vyseLro, into which drugs
line the inlterior of bothl the dolia and the amphorae   were  istroduced to produce mnedicilnal effects. Such
-with a coating of pitch; bult besides this it was  were vine in(arserubii (horehound) for coughs, the
common to add this substance, or resin, inl powvder, scillites (squill-wine), to assist digestion, promote
to the must during the fermentation, from  a con-  expectorationl, atnd act as a general tonic, absinthites
viction that it not only rendered the wine Inore  (wine of x        wormwood), corresponding to the modern
full-bodied, but also comlnmlnicated asl  agreeable  verz:z/, and above all the oyriites (myrtle-berrybouquet, together with a certain degree of raciness  wiile), which possessed innumerable virtues. (Coor piquancy.  (Plin. NA  It. xiv. 25;  Plutarch,  lumell. 32, 39; Geopon. viii. 1, &c.)
Syzmp. v. 3.)  Wine of this sort, however, when        Pliny, under thle head of vits fticilia, includes
new (noviliun   v-esin2atlze) was accounted unwhole- inot onlly the oeot oyiEtwo[, but a vast number of
some and apt to induce headach and giddiness.  others bearing a strong analogy to our British
From this circumstance it was denomisnated crapula,  holme-made wines, such as cowslip, ginger, elderand was itself found to be serviceable in checkingl berry, anld  the like; anld  as  we  manufacture
the fermentation of the mast when too violent.       Clhlaspagnle out of gooseberries, so the Italians
It must be remembered, that when the vinous  had thleir ilmitations  of the costly vintages of the
fermentation is not well regulated, it is apt to be | most favoured Asiatic isles.  These visna fictitia




VIN UM.                                          VINUM.                     1 205
were, as may be imiagined, almost countless, every  pepper, might be added.  Thle second kind, the
variety of fruit, flower, vegetable, shrub, and per- oeaomelum of Isidorus (Or/ig. xx. 3. ~  1), accordfume being put in requisition: figs, cornels, medlars, ing to the Greek authorities (Geopon. viii. 26), was
roses, asparagus, parsley, radishes, laurels, junipers, made of must evaporated to one half of its original
cassia, cinnamon, saffron, nard, malobathrum, afford  bulk, Attic honey being added in the proportion of
but a small sample.  It must be remarked, that one to ten.  This, therefore, was merely a very
there was one material difference between the  rich fruit syrup in no way allied to wvine. The
method followed by the Greeks and that adopted  virtues of izulsSum are detailed by Pliny (Ni. N
by the Romans in cooking these potions.  The  xxii. 4; compare Geopon. 1. c.); it was considered
former included the drug, or whatever it might be, the  most appropriate draught upon  an empty
ill a bag, which was suspended in a jar of wine, stomachl, and wnas therefore swallowed immediately
and allowed to remain. as long as was. thought before the regular business of a repast began (Hor.
necessary; the latter mixed  the flavouring in-  Sat. ii, 4. 25; Senec. Fp. 122), and hence the
gredielt with the sweet must, and fermented them   whet (qgsetdtio) coming before the cup of mulsum
together, thus obtaining a much more powerful  was called the ]pxomuelsis.  (Cic. ad. Fasn. ix. 16
extract; and this is the plan pursued for British  and 20.)  5We infer from  Plautus (Becch. iv. 9.
wines, except that -we are obliged to substitute  149-;. comp.pare Liv. xxxviii. 55) that neulsuvz was
sugar and water for grape-juice.  (Geopon. viii.  given at a titimphli by the Imperator to his soldiers.
32, 33, 34; Plin. If. NA  xi.v. 19.; Coluni. Il. co.;    Il[eisumZ (SC. ihll)) or oIvosteAI is perfectly disCato, R. R. 114, 11 1)                              tinct from   dsll a (sc. aqua).  The latter, or lead,
But not only were spices, fragrant roots, leaves,  leing minide ot honey and water mixed and ferand gums, steeped in wine or incorporated during  mented, is the pceAXtcpaTvo   or  3po6leshs of the
fermentation, but even  tire  precious  perfumned  Greeks- (Gepoll. viii. 28; Dioscorid. v. 9; Isidor.
essential oils (u qaguenta) were mixed with it before  O2i. q  x.:.   ~ 10; Ilin. IL. An  xiv. 20), although
it was drunk.  The Greeks were exceedingly par-  Pollux collfounds(vi. 2') sALirpa'orY with oiYvopeAi.
tial to this kind of drink. (Aelian, f. II. xii. 31..)  Again, 68pos-uor'  (Geopon. viii. 27) or hyldromnelmon
We also learn from Aelian (1. c.) that it was named  (1sidor. Oig. xx. 3. ~ 11) was cider; dttV'esAt.vepp'iYriS-, which seems to be the same withl thle  (Plin. II.      xiv. 20) was a compound of vinegar,
ppvi s'jV    of Poseidippsus (Athen. i. p. 32, b.), the  holney,  salt, and pure water, boiled together and
uvippJiv of Hesychius, the Lwplvnrs of Pollux ({vi. 2), kept for a long time; WooaueA was a mere confecand the nulrrhlina of Plautus (Pseudol. ii. 4. 50; tion of expressed juice of rose-leaves and honey.
compare  rsdizi rnoampherlsi, liles GI. iii. 2. 11;  (Geopon. viii. 29.)
l'estus, s. v2. illfusrata potio and   uiierinace).  The    The ancients considered old wine not only more
Romlans were not slow to follow the example set grateful to the palate but also more wholesome
them, valuing bitterness so highly, says Pliny (HI. and invigorating (Athen. i. p. 26, a.; ii. p. 36,
N1v xiii. 5), that they were resolved to enjoy costly  e.), aid curiously enough, Pliny supposes that it
perflsmes with two senses, and hence the expres-  grew  more- strong and fiery by age in consequence
sions "foliata sitis" in Martial (xiv. 110) and  of thie dissipation of the watery particles - (/I. N
" peyfifsa  sner'o  spement  2cgnguezta IFlerno"'1    in  vii. 3).  Generally speaking the Greek wines do
Jivenal (vi. 303).                                  not seem  to have required a long time to ripen.
In a more primitive age we detect the same  Nestor in the Odyssee, indeed, drinks wine tenl
fondness for the admlixture of somethincg:extraneous.  years old (iii. 391), and wine kept for sixteen
Hlecamede, when preparing a draught for Nestor, years is incidentally mentioned by Athenaeus (xiii.
fills his cup with Pramnian wine, over which she  p. 584, b); but the connoisseurs under the Empire
grates goat-milk cheese and sprinkles the whole  pronounced that all transmarine wines arrived at a
with flour (II. xi. 638), the latter being a comnmon  moderate degree of maturity (ad vetustateume inediam)
addition at a much leater epoch. (Athen. xc p.. 432.)  in six or seven.  (Plin. xiv. 10.)  Many of the
So also the draught administered by Circe con-  Italian varieties, however, as we shall see below,
sisted of wine, cheese, and honey; and according  required to be kept for twenty or twenty-five years
to Theophrastus (Athen. i. p. 32, a.) the wine  before they were drinkable (which is now considrunk in the prytaneum of the Thasians wvas ren-  dered anmple for our strongest ports), and even the
dered delicious by their throwing into the jar  humble growrths of Sabinum were stored up for
which contained it a cake of wheaten flour kneaded  from four to fifteen. (Hor. Carrze. i. 9. 7; Athen.
up with honey. (Compare Plat. Syr11p. i. 1. 4.)   i. p..f76.)  Hence it became a matter of importThis leads us on to notice the most generally  ance to hasten, if possible, the natural process,
popular of all these compound beverages, the obiyS'6sAi This was attempted in various ways, sometimes by
of the Greeks, the vnzclsum of the Romans.  This  elaborate condiments (Geopon. vii. 24), sometimes
was of two kinds; in the one honey was mixed  by sinking vessels containing the must in the sea,
with wine, in the other withl  must.  The former by which an  artificial mellowness was induced
was said to have been invented by the legendary  (praecor vretitstas), and the wine in consequence
hero Aristaeus, the first cultivator of bees (Plin.  termed tlaelassites (Plin. IL. 1N  xiv. 10); but more
xiv. 4), and was considered most perfect and  usually by the application of heat. (Plut. Symnp. v.
palatable wvhen made of some old rough (sauslerzosz)  3.)  Thus it was customary to expose the amwrine, such  as  Massic or Falerniman  (although  phorae for some years to the full fervour of the
Horace objects to the latter for this purpose, Sat. sun's rays, or to construct the apothecae in such a
ii. 4. 24), and new Attic honey.  (Mart. iv. 13. manner as to be exposed to the hot air and smoke
xiii. 108; Dioscor. v. 16; M\acrob. Sat. vii. 12.)  of the bath-furnaces (Colum. i. 6), and hence the
The proportions as stated in the Geoponic collec-  namefsumaria applied to such apartments, and the
tion were four, by measure, of wine to one of phrases firnosos, fumun  bibere, felispie testae in
lloney, and various spices and perfumtes, such as  reference to the wines.  (Tibull. ii. 1. 26; Her.
myrrh, cassia, costulm, uialobathrum,  nard, and  Carin7. iii. 8. 9; Jayuv.. 35.)  If the operation was
4s  3




1206                VINUM.                                            YIN UM.
not conducted with care, and the amphorae not usually standing alone without any disting-.ishing
stoppered  downl  perfectly tight, a disagreeable  epithet.  The wine of most early celebrity was
effect would be produced on the contents, and it is  that which the minister of Apollo, Maron, who
in consequence of such carelessness that Martial  dwelt upon the skirts of Thlracian Ismarus, gave to
pours forth his maledictions on the fumaria of  Ulysses.  It was red (epv0pdv), and honey-sweet
Marseilles (x. 36, iii. 82, xii. 123).            (gteAolqea), so precious, that it was unknown to all
The year B. c. 121 is said to have been a season  in the mansion, save the wife of the priest and one
singularly favourable to all the productions of the  trusty housekeeper; so strong, that a single cup
earth; from the great heat of the autumn the wine  was mingled with twenty of water; so fragrant,
Awas of an unprecedented quality, and remained  that even when thus diluted it diffused a divino
long celebrated as the Vinumzz    Oopisianunm, from   and most tempting perfume. (Od. ix. 203.) Pliny
L. Opimits the consul of that year, who slew  (H. N. xiv. 6) asserts that wine endowed with
C. Gracchus.   A   great  quantity  had  been  similar noble properties was produced in the same
treasured up and sedulously preserved, so that region in his own day. Homer mentions also more
samples were still in existence in the days of the  than once (II. xi. 638, Od. x. 234) Pcamnnian swine
elder Pliny, nearly two hundred years afterwards.  (oboe Inpagvevos), an epithet which is variously
It was reduced, he says, to the consistence of interpreted by certain different writers. (Athen. i.
sough honey, and, like other very old wines, so  p. 28, f.)  In after times a wine bearing the same
strong and harsh and bitter as to be undrinkable  name was produced in the island of Icaria, around
ulntil largely diluted with water.  Such wines, the hill village of Latorea, in the vicinity of Ephehlowever, he adds, were useful for flayouring others  sus, in the neighbourhood of Smyrna near the
when mixed in. small quantities.                   shrine of Cybele, and in Lesbos. (Athen. i. p. 30, c.
Our most direct information with regard to the  &c.; Plin. xiv. 6.)  The Pramnian  of Icaria is
price of common wine in Italy is derived from  characterized  by Eparchides as dry (o'CAsjpos),
Columella (iii. 3. ~ 12), who reckons that the  harsh (aiirelpos),astringent andremarkably strong,
lowest market price of the most ordinary quality  qualities which, according to Aristophanes, renwavs 300 sesterces for 40 urnae, that is 15 sesterces  dered it particularly unpalatable to the Athenians.
for the amphora, or Gd. a gallon nearly.  At a  (Athen. i. p. 30, c.)
much earlier date, the triumph of L. Metellus    But the wvines of greatest renown during the
during the first Punic war (u. c. 250), wine was  brilliant period of Grecian history and after the
sold at the rate of 8 asses the amphora (Vrarro, ap. Roman conquest were grown in the islands of
Plin. I;. N. xviii. 4), and in the year B. c. 89 the  Thasos, Lesbos, Chios and Cos, and in a few ficensors P. Licinius Crassus and L. Julius Caesar  voured spots on the opposite coast of Asia (Strabo,
issued a proclamation that no one should sell xiv. p. 637), such as the slopes of Mount Tiolus,
Greek and Aminean wine at so high a rate as 8  the ridge which separates the valley of the Hermus
-Lsses the amphora; but this was probably intended  from that of the Cayster (Plin. v. 29; Virg. Geoar.
as a prohibition to their being sold at all, in order ii. 97; Ovid. Mlet. vi. 15), Mount Messogis, which
to check the taste then beginning to display itself divides the tributaries of the Cayster from those of
for foreign luxuries, for we find that at the same  the Maeander (Strabo, xiv. p. 650), the volcanic
time they positively forbade the use of exotic  region of the Catacecaumene (Vitruv. iii. 3) which
uinguents. (Plin. H. N. xiv. 16, xiii. 3.)         still retains its fame (Keppell's Travels, ii. p. 355),
The price of native wine at Athens was four the environs of Ephesus (Dioscorid. v. 12), of Cnidrachmas for the metretes, that is about 4Id. the  dus (Athen. i. p. 29, a.), of Miletus (Athel-. 1. c.),
gallon, when necessaries were dear, and Bdckh con- and of Clazomnenae. (Plin. xiv. 9.)  Among these
siders that we may assume one half of this sum as  the first place seems to have been by general conthe average of cheaper times.  In fact, we find in  sent conceded to the Chian, of which the most dean agreement ill Demosthenes (fiz Lactcit. p. 928) licious varieties were brought from the heights of
300 casks (icepdlua) of Mendaean wine, which we  Ariusium, in the central parts (Virg. iEcl. v. 71;
kinow was used at the most sumptuous Macedonian  Plin. H. 1V. xiv. 7; Silius, vii. 210), and from the
entertainments (Athen. iv. p. 129, d.), valued at promontory of Phanae at the southern extremity of
600 drachmas, which gives two drachmas for the  the island. (Virg. Geors. ii. 97.) The Thaisian and
metretes, or little more than 2d. a gallon; but still Lesbian occupied the second place, and the Coan dismore astonishing is the marvellous cheapness of puted the palm with them. (Athen.i. pp. 28,29, &c.)
Lusitanian wine, of which more than ten gallons  In Lesbos the most highly prized vineyards were
wvere sold for 3d.  On the other hand high prices around Mytilene (Athen. i. p. 30, b., iii. p. 86, e.;
were given freely for the varieties held in esteem, p. 92, d.), and Methymna. (Athen. viii. p. 363, b.;
since, as early as the time of Socrates, a metretes  Pausan. x. 19; Virg. Geowy. ii. 89; Ovid. As. Am.
of Chian sold for a mina.  (Plut. de Anias. Tlzan-  i. 57.)  Pliny (xiv. 9), who gives the preference
quill. 10; B6ckh, Publ. Econ. of Athens, vol. i. p. over all others to the Clrzomenicn, says that the
133,-  st ed.)                                    Lesbian had naturally a taste of salt water, while
With respect to the way in which wine was  the epithet "innocens," applied by Horace, seems
drunk, and the customs observed by the Greeks  to point out that it was light and wholesome.
and Romans at their drinking entertainments, the    It may here be observed that there is no founreader is referred to the article SYMPosIUua.      dation whatever for the remark that the finest
It now remains for us to name the most esteemed  Greek -wines, especially the products of the islands
wines, and to point out their localities; but our in the Aegean and Ionian seas, belonged for the
limits will allow us to enumerate none but the  most part to the luscious sweet class.  The very
most celebrated.  As far as those of Greece are  reverse is proved by the epithets aiosTr'pods, oacAXlconcerned, our information is scanty; since in the  pds, AsErrds, and the like, applied to a great nuimolder writers we find but a small number defined  ber, while yXvtcuv'  and yXvucd'wv are designations
by specific appellations, the general term   lvoTs comparatively rare, except in the vague languinge




VINTUAI                                           VINUM.                    1207
of poetry.  " T'h2nm onr eTe dc/e'mimnts odortiZm,"  the grapes were gathered during weather of a difsays Pliny (II. NA  xiv. 11), and the ancients ap-  ferent description, it was rough and tawny  or
pear to have been filly sensible tlhat sweet wines  amber-coloured  (Km3po's).  The ordinary appearcould not be swallowed either with pleasure or  antce of Falernian, which has been made a theme
safety, except in small quantities.  The mistake  of considerable discussion, seems to be determined
has arisen from not perceiving that the expressions  by a passage in Pliny (H. AN xxxvii. 12), in which
oevos'yAvKds and odvos  ibu's are by no means le-  we are informed that the finest amber was named
cessarily synonymous.  The formler signifies wine  Fe/lerna.  Others arranged  the  varieties differpositively sweet, the latter wine agreeable to the  ently; that which grew  upon the hill tops they
taste from the absence of acidity, in most cases in-  called.C6timcinlinn, that on the middle slopes Fans
dicating nothing more than sounmd wine.            tianum, that on the plain Feslernzzm. (Plin. 1. c.
It is well known that all the most noble Italian  and xxiii. 21; Athen. i. p. 26, c.; Hor.  nZ'em.
wines, with a very few exceptions, were derived  i. 20. 10; Prop. iv. 6; Martial, ix. 95; Silius, vii.
from Latium  and Camlpania, and for the most part  159.)
grew within a short distance of the sea. " The    In the third rank was the Albanznm, from  the
whole of these places," says Strabo (v. p. 234), Mons Albanus (Alons Juleus, Mart. xiii. 109), of
when describing this coast, " yield excellent wine; various kinds, very sweet (praedulce), sweetish
among the most celebrated are the Caecuban, the  (YAuveoa~,), rough (Plin. xxiii. 21), and sharp
Fundanian, the Setinian, and so also are the Fa-  (dnutpcias); it was invigorating (nervis utile), andl
lernian, the Alban, and the Statinian."  But the  in perfection after being kept for fifteen years.
classification adopted by Pliny (xiv. 6) will prove  (Plin. 11. cc.; Mart. xiii. 109; Hor. Sat. ii. 8. 14;
our best guide, and this we shall follow to a. certain  Juv. v. 33; Athen. i. p. 26, d.) Here too we place
extent.                                            the Surreeti2171n, from the promontory forming the
In the first rank, then, we must place the Se- sonthernll horn of the bay of Naples, which was
tinszm which fairly deserves the title of Imp)erial, not drinkable until it had been kept for five-andsince it was the chosen beverage of Augustus and  twenty years, for being destitute of richness (dAiIllost of his courtiers.  It grew upon the hills of 7rs) and very dry (4aoapos), it required a long
Setia, above Forum Appii, looking down upon the  time to ripen, but was strongly recommended to.
Pomptine marshes. (Pendula Po1Tptinos quae spec- convalescents, on account of its thinness and wholetst Setia can2pos, Mart. xiii. 112; see also vi. 86, someness.  Galen, however, was of opinion that
ix. 3. x. 74, xiii. 112; Juv. v. 34; Silius, viii. it agreed with those only who were accustomed to
378; Plin. H. T  1. cl..) Before the age of Augustus  use it constantly; Tiberius was wont to say that
the Caecuzbubm was the most prized of all.  It grew  the physicians had conspired to dignify what wals
in the poplar swamps bordering on the gulf of only gdenerous vineyar; while his successor, Caligula,
Amyclae, close to Fundi. (Mart. xiii. 115.) In the  styled it nobilis vap'1a.  (Plin. 11. cc.; Athen. I. c.)
time of Pliny its reputation was entirely gone, Of equal reputation were the Ml4assicuem, from thel
partly in consequence of the carelessness of the  hills which formed the boundary between Latiulm
cultivators, and partly from its proper soil, origin- and Campania, although somewhat harsh, as would
ally a very limited space, having been cut up by  seem, from  the precautions recommended by the
the canal of Nero extending from Baiae to Ostia. epicure in Horace (Sat. ii. 4. 51: compare Calre. i.
Galen (Athen. i. p. 27, a.) represents it as gene-  1. 19, i. 7. 21, iii. 21, Mart. xiii. 111; Silius,
rous, full bodied and heady, not arriving at maturity  vii. 207), and the Gaurllanum, from the ridge above
until it had been kept for many years. (Plin. 1. c.;  Baiae and Puteoli, produced in small quantity, but
Strabo, v. p. 231; Mart. xiii. 115; Hoer. Carel. i. of very high quality, full bodied (eusroos) and
20. 9, iii. 23. 2, &c.)                            thick (tra'xs). (Athemn.. c.; Plin. H. N. iii. 5;
The second rank was occupied by the Fcatlenuzm, Flor. iii. 5.)  In the same class are to be included
of which the Faustianunz  was the most choice va- the Clezznum from Cales, and the Funzcdarnzumz   fronl
piety, having gained its character from  the care  Fundi.  Both hlad formerly held a higher place,
and skill exercised in the cultivation of the vines; " but vineyards," moralizes Pliny, "as well as
but when Pliny wrote, it was beginning to fall in  states, have their periods of rise, of glory, and or
public estimation, in consequence of the growers  fall."  The Calenzumis  was light (tco5pos), and betbeing more solicitous about quantity than quality, tell for the stomach than Falernian; the ]Fundajust as was the case with Madeira a few years iasuz was full bodied (e{rovos) and nourishing, but
ago.  The Falernus agper, concerning the precise  apt to attack both stomach and head; therefore
limits of whlich there have been many controver-  little sought after at banquets. (Strabo, v. p. 234
sies, commenced at the Pons Campanus, on the  Athen. i. p. 27, a.; Hor. Carin. i. 31. 9; Juv. i.
left hand of those journeying towards the Urbana  69; Mart. x. 35, xiii. 113.)  This list is closed
Colonia of Sulla, the Faustianus ager at a village  by the Velitermninsu2m, PriveZrnatinmusm, and Signimzunm,
about six miles from  Sinuessa, so that the whole from Velitrae, Privernum, and Signia, towns oil
district in question may be regarded as stretching  the Volscian hills; the first was a sound wine,
from the Massic hills to the river Vulturnus.  Fa- but had this peculiarity, that it always tasted as if
lerlnian became fit for drinking in ten years, and  mixed with sonme foreign substance; the second
smight be used when twenty years old, but when  was thin and pleasant; the last was looked uponl
kept longer gave headachs, and proved injurious  only in the light of a medicine, valuable for its
to the nervous system.  Pliny distinlguishes three  astringent qualities. (Athen. i. p. 27, b.; Plin. I. c.;
kind, the rough (austerurm), the sweet (ed/rce), and  Mart. xiii. 116.)  We may safely bring in one
the thin (tenuee).  Galen (ap. AtIerm. i. p. 26, c.) mnore, the ForimniasZnu2m, from  the gulf of Caietra
two only, the rough (avor7v1pds) and the sweetish  (Laests,/gosiia BBacclms its aszphoba, Heor. Carsse. iii.
('yAvcci'Wiv).  When  the south  wind prevailed  16. 34), associated by Horace with the Caecubam,
during the season of the vintage the wine was l Falernlian, and Calenian (Hor. Car(i. i. 20, iii.
sweetish and darker in colour (sAe'vsrepos), but if  16), and compared by Galen (ap. Athen. i. p. 26
4  44




1 208                ~  N U.                                              iN U'I.
e.) to the Privernatinum and Rheginum, but richer  x. 161; Plin. H. N. xiv. 9.)  Martial appears to
(AtLrapWTrpoe), and ripeninag quickly.                have held them all very cheap, since lie pronounces
The fourth  rank contained  the Mfamter/inum,  the vinegar of Egypt better tihan its winle.  (xiii.
from tile neighbourhood of Messana, first brought  112.)
into fashion by Julius Caesar.  The finest, called       \'e read of several wines which received their
J'otalctuinm ('ITraA7vos, Athen. i. p. 27, d.), from   designation, not firom the region to which they bethe fields nearest to the main land, was sound  longed, but firom the particular kind of grape friomt
(sitis), light, and at the same time not without  which they were made, or from some circumstance
body.  Tile Tauromeni/mneio was frequently sub-  connected with their history or qualities.  Names
stituted fraudulently for the Mamertinum, which it  belonging to the former class were in all likelihood
resembled. (Athen. i. p. 27, d.; Piin. 1. c.)         bestowed before the most favoured districts were
Of the wines in Southern Gaul, that of Baeeer-  generally known, and before the effects produced
s'e alone bore a high character.'The rest were  upon the vilie, by change of soil and climate, hlad
looked upon with suspicion, in consequence of the  been accurately observed and studied.  After these
notorious frauds of the dealers in the Province, who  matters were better understood, habit and mercancarried  oit the business of adulteration to a great  tile usage would tend  to perpetuate the ancient
extent,  and did not scruple to have recourse to  appellation.  Thus, down to a late period, we hear
noxious drugs.  Among other thiings, it was known  or -the Amiieaun (Aueiva7o0 oTVos, H-esychl.), from
that they purchased aloes, to heighten the flavour  the Ani/nea Vitis, which held the first place amoiong
and improve the colour of their'merchandise, aid  vines, and embraced many varieties, carefully discondclucted the process of artificial ripeting so nin-  ciminated and cultivated  according to  different
sklilfully,   as to impart a taste of smoke,  whichu   methods.   (Plin. I.f AN  xiv. 4. ~ 1;  Cato, R. R.
called forth as we have seen above, the mnaledic-  6 and 7; Colum. iii. 2. ~ 7; 9. ~ 3.)  It was of
tion of Martial on the fuinaria of Marseilles. (Plin.  Grecian origin, having been conveyed by a ThesH. N. xiv. 8.- 5.)                                    salian tribe to Italy (a story which would seem
The produce of the Balearic isles was compared  to refer to some Pelasgian migration), and reared
to the first growths of Italy, and the same praise   chiefly in Campania around Naples, and in the
wvas shared by the vineyards of Ta, rrato and La,-  Falernus ager.  Its characteristic excellence wais
t;on, while those of the Lrdelani were not so much  the great body and consequent durability of its
fatned for the quality as for the abundance of their  wine. (Firmnissimea siea, Virg. Georg. ii. 97; Galen,
supply. (Ptin. tII N. xiv. 8. ~ 6;  NIMart. xiii. 118;   Alel. red.c xii. 4; Geopon. viii. 22; Cels. iv. 2;
silius, iii. 370.)                                   }Macrob. ii. 16; Auson. E/p. xviii. 32;  Seren.
Returning to the East, several districts of Pon-  Satunm. xxix. 544.)  So, in like manner, thle ufiotos
tus, Paphlagonia, and Bithyvitia, Lampsiacuis on the  olios (Athen. i. p. 28, f.), firom the ijtia umereAos
IHellespont, Telmessus in Caria, Cyprus,'Tripolis,  (Colun. iii. 2. ~ 24), which Virgil tells us (Geoig.
Berytus, and Tyre, all claimed distinction, and  ii. 93) was particularly suitable for passimn, aind
above all the (CIl 1boniteii, originally firom  BIeroea,  the tcar-iasn (smoke-wine) of Pltto  the comic poet
but afterwards grown in the neiglbourhlood of 1)Da-  (Athen. i. p. 31, e.), prepared  i  greatest perfecnascns also, was the chosen and only  drilnk of the  tion  near Beneventui, from the Ki reaoset arfAees,
(Ireat King  (Plin H. I.    xiv. 9;  Geopon. v. 2';  so r0imned in consequence  of the clusters being
Athen. i. p. 28,  d.), to wrhich  we may join the  neither white nor black, but of an  intermediate
Jabylon2iun, called nectar by Chaereus (Athen. i.  dusky or smnoky hue. (Theophr. 11. P. ii. 4, C. P.
p. 29, f.), and the BGrAToseo from Phoenicia, which  v. 3; Aristot. de'Gener. iv. 4; Plin. H. N. xiv. 4,:ioun miany admir mers.  (Athen. i. p. 29, b.)  The  ~ 7'; compare xxxvi. 36, on the gem  Cailias.)
last is spoken of elsewhere as Thraciaun, or Grecian,    On the other hand, the.awrpfas, on whose dior Sicilian, which maye hiave arisen from  thIe same  vine fragrance HIertoippus descants in such glowgrl'ape  having   been  disseminated  through  these  ing language  (Athen. i. p. 29, e.), is simmply some
countries.  (Compare HIerod. ii. 35; Athen.,i. p. rich wine of great age, "toothless, and sere, and
31, a.)                                               wondrous old." (dadorav  oe/,e;Xw,, /i'a- aoaerpis..
Passing on, in the last plae, to Egypt, where,  yEdpaw, yv E  eatiovoiws, Arhen. x. p. 441, d.; see
according  to IHellanicus,    thIe vine was first dis-  Euastath. meld  eomi. Od. ii. 340; Casaub. ad A/deem.
covered, the 1o~areoticum, front near Alexandria, de-  i p. 29.) The origin of the title dvOooeluas is somiemantds our attention.  It is highly extolled by  what more doubtful:  soine will have it to denote
Atieeaeus, being  white, sweet, fiagrant,  light  wine from a sweet-smnelling spot (Suid. s. v.); others
(AE7-edS),  circulating quickly through the friame, more reasonably refer it to tile "bouquet" of the
iend not flying to the head; but superior even to  wine itself (HIesych..  sv.); according to Phanias of
this wvas the Taeniotictnm, so named from  a long  Eresus, in one passage, it was a compound, formed
narrow sandy ridge (remota) near the western ex-  by adding one part of sea-water to fifty of must,
tremity of the Delta; it was aromatic, slighetly  although, in another place, lie seems to say, that it
astringent, and of,mn oily consistency, mwhich dis-  was wine obtained from grapes gathered before they
appeared when it vwas mixed  with water: besides  were ripe, ii which case it might resemble Chainmthese we hear of the Sebennetictsi, and the vin e of  pagnie.  (Atlien. i. p. 32, a.; compare p. 462,'e.)
Antylla, a town not fitr from  Alexandria.  Ad-          Those who desire more minute details upon this
vtincing up the valley, the wine of the Thebais,  very extensive subject may consult the Geoponic
tand especially of Coptos, was so thin and easily  Collection, books iii. to viii. inclusive; the whole
thmrown off that it could be given without iimjury to  of the 14th book of Pliny's Natural History, tofever patients; and ascending through. Nubia, to  gether with the first thirty chapters of the 23d
the confluence of the: Nile swith the Astapus, we  the 12th book of Colnuella, with the commentary
reaclh ikiero', whose wine has been immortalized  of Schneider and others; the 2d book of Virgil's
by Lucan. (Athen. i. p. 33, f.; Strab. xvii. p. 799; Georgics, with  the remarks of H-eyne, Voss, a-nd
Ior, Cbsarm. i. 37.10; Virg. Georg. ii. 91; Lucan,  the old grammarians; Galen, i. 9, and xii. 4




VIS.                                        VITRUM.                   1209
Pollux, vi. foll.; Athenaeuls, lib. i. and lib. x.; was death; and the penalty was the same for carrybesides which there are a multitude of passages ing off a -woman, married or unmarried. The cases
in other parts of the above authors, in Cato, Varro, enumerated in the Digest, as falling within the
and in the classics generally, which bear more or penalties of the Lex Julia de Vi Privata, are cases
less upon these topics.                          where the act was of less atrocity; for instance, if
Of modern writers we may notice particularly, a man got a number of men together for a riot,
Prosper Rendella, Tsactatus de Vinea, Vindemina et which ended in the beating of a person, but nct
Jlino, Venet. 1629; Galeatius Landrinus, Quaestio  in his death, he came within the penalties of the
de Mliiztione Vini et Aquae, Ferrar. 1593; An- Lesx de Vi Privata.  It was also a case of Vis
dreas Baccius, de Natural i Vinorume IHistoria, &c., Privata, when persons combined to prevent another
Reom. 1596, de Conviviis Antiquoritm, &c,'., Gronov. being brought before the praetor.  The SenatusThes. Graec. Antiq.; Sir Edward Barry, Observa-  consultum Volusianum  extended the penalties of
tions on the lVines of tl/e Ancients, Loud. 1775; the Lex to those who maintained another in his
Henderson, Ihistory of Ancient and snodcrn TVines, suit, with the view of sharing any advantage that
Lend. 1824.  Some of the most important facts might result from it.  The penalties of this Lex
are presented in a condensed form in Becker's  were the loss of a third part of the offender's proGallaes, vol. ii. pp. 163-176, and pp. 238 —241, perty  and he was also declared to be incapable of
and Chssarikles, vol. i. p. 456, foll.  [W. R.]    being a Senator or Decurio, or a Judex: by a SeVIOCURI.  [QUATuoRvIRa  VIALES.]              natusconsultum, the name of which is not given,
VIRGA, dim. VIRGULA  (pdCsos), a rod or li he was incapacitated from  enjoying any honour,
wand.  This was in many cases the emblem of a  quasi infamis.  (This matter is discussed  at
certain rank or office; being carried, for example, length by Rein, Das 1riminal'ecebt der Rimer,
by the Salii, by a judge or civil officer (see wood- p. 732.)                          [G. L.]
cut, p. 98), a herald [CADUCEUS] (Non. Marc. p.    VIS et VIS ARMATA.  There was an inter528; Ovid. Mfret. i. 716), and by the Tricliniarce7a  diet De Vi et Vi Armata, which applied to the
[TRICLINIUM], or any other person who had to  case of a man who was forcibly ejected from the
exercise authority over slaves. (Senec. Epist. 47.) possession of a piece of ground or edifice (oui vi deThe use of the rod (paceivE',, Acls, xvi. 22) in jectuzs est). The object of the interdict was to restore
the punishment of Roman citizens was abolished  the party ejected to possession.  (Dig. 43. tit. 16
by the Lex Porciac (p. 696, a).  In the FAscES a  INTERDICTUMA.)                       [G. L.]
number of rods were bound together.                VISCERA'TIO.  [FuNuS, p. 562, a.]
The wand was also the common instrument of    VITELLIA'NI.' [TABULAE, p. 1092, a.]'magical display, as in the hand of Circe (Hom. Od.    VITIS.  [ExERCITUS, P. 504, b.]
x. 238, 293, 318, 389), and of Minerva (xvi. 172).    VITRUM  (3ahos), glass.  A singular amount
To do any thing viqgqula divina was to do it by  of ignorance and scepticism long prevailed with
ILagic. (Cic. Art. i. 44.) The stripes of cloth were  regard to the knowledge possessed by the ancients
called virgae.  (Ovid. Asr. Am. iii. 269.)  [PAL- in the art of glass-making.  Some asserted that it
LIUse; TELA.]                         [J. Y.]    was to be regarded as exclusively a modern invenVI'RGINES VESTA'LES. [VESTALES VIR- tion, while others, unable altogether to resist the
GINES.]                                          mass of evidence to the contrary, contented themVIRIDA'RIUM.  [HORTUS.]                       selves with believing that the substance was known
VIS.  Leges were passed at Rome for the pur- only in its coarsest and rudest form.  It is now
pose of preventing acts of violence.  The Lex  clearly demonstrated to have been in common use
Plotia or Plautia was enacted against those who  at a very remote epoch. Various specimens still in
occupied public places and carried arms (Cic. ad  existence prove that the manufacture had in some
Att. ii. 24, dle Iirusp. Respons. 8; the Disserta- branches reached a point of perfection to which
tion of Waechter, NeoZes Arc/liv. des C'ininablrec/ds, recent skill has not yet been able to attain; and
vol. xiii. reprinted in Orellii Onomasticon). The Lex  although we may not feel disposed to go so far as
proposed by the consul Q. Catulus on this subject,  Winckelmann (i. c. 2. ~ 20), who contends that it
with the assistance of Plautius the tribunus, ap- was used more generally and for a greater variety
pears to be the Lex Plotia.  (Cic. pro Coel. 29; of purposes in the old world than among ourselves,
Sallust. inz Cic. Declam.)   There was a Lex  yet when we examine the numerous collections
Julia of the dictator Caesar on this subject, which  arranged in all great public museums, we must feel
imposed the penalty of aquae et ignis interdictio. convinced that it was employed as an ordinary
(Cic. Philip. i. 9.) Two Juliae Leges were passed  material for all manner of domestic utensils by the
as to this matter in the time of Augustus, which  Egyptians, Greeks, and Romans.
were respectively entitled De Vi Publica, and dei  We find the process of glass-blowing distinctly
Vi Privata.  (Dig. 48. tit. 6, 7.)  The Lex de Vi represented in the paintings of Beni Hassan, which
Publica did not apply, as the title might seem to  if ally faith can be reposed in the interpretation of
import, exclusi rely to acts againts the public peace, hieroglyphics according to the phonetic system, were
and it is not possible to describe it very accurately  executed during the reigns of Osirtasen the First,
except by enumerating its chief provisions.  The  the contemporary of Joseph, and his immediate
collecting of arms (arsma, tela) in a house (domus), successors, while a glass bead has been found at
or in a villa (agrove iai villa), except for the pur-  Thebes bearing the name of a monarch who lived
pose of hunting, or going a journey or a voyage, 3300 years ago, about the time of the Jewish
was in itself a violation of the Lex.  The signifi-  Exodus.  Vases also, wine-bottles, drinking-cups.
cation of the word tela in this Lex was very ex-  bugles, and a multitude of other objects have been
tensive.  The punishment for the violation of this  discovered in sepulchres and attached to mummies
Lex was aquae et ignis interdictio, except in the, both in Upper and Lower Egypt, and although in
case of attacking and plundering houses or villas  most cases no precise date can be affixed to these
with an armed band, in which case the punishment relies, many of them are referred by the most con



1210               YITTJRUM                                          VITRUM.
petent judges to a very early period. (Wilkinson, at the mouth of the river Belus for the fabrication
Alncient Egyptians, vol. iii. p. 88, &c.)          of glass.
A  story has been preserved by Pliny (TI. L.    Anmonll the Latin writers Lucretius appears to
xxxvi. 65), that glass was first discovered acci-  be the first in whom the word vitrZtin occurs (iv.
dentally by some merchants who having landed on  604, vi. 991)  but it must have been well known
the Syrian coast at the mouth of the river Belus, to his countrymen long before, for Cicero names it,
and being unable to find stones to support their  along with paper and linen, as a common article of
cooking-pots, fetched for this. purpose from  their merchandise brought from Egypt (pro Rab. Post.
ship some of the lumps of nitre which composed  14).  Scaurus, in his aedileship (B. c. 58), made
the cargo.  This being fused by the heat of the  a display of it such as was never. witnessed even
fire, united with the sand upon which it rested  in after-times; for the sceena of his gorgeous theatre
and formed a stream of vitrified matter.  No con- was divided into three tiers, of which the under
clusion can be drawn from this tale, even if true, portion was of marble, the upper of gilded wood,
in consequence of its vagueness; but it probably  and the middle compartment of glass. (Plin. H. N.
originated in the fact recorded by Strabo (xvi. xxxvi. 34. ~ 7.)  In the poets of the Augustan age
p. 758) and Josephus (B. J. ii. 9), that the sand  it is constantly introduced, both directly and inl
of the district in question was esteemed peculiarly  similes, and in such terms as to prove that it was
suitable for glass-making, and exported in great an object with which every one must be familiar
quantities to the workshops of Sidon and Alexan-  (e. g. Virg. Geosg. iv. 350, Acez. vii. 759; Ovid.
dria, long the most famous in the ancient world. Anoer. i. 6. 55; Prop. iv. 8. 37; Hor. Carme. iii.
(See Hamberger and Michaelis on the Glass of 13. 1).  Strabo declares that in his day a small
the Hebrews and Phoenicians, C17mentar. Soc. drinking-cup of glass might be purchased at Itonme
Gott. vol. iv.; Heeren, Ideen, i. 2. p. 94.)  Alex-  for half an as (xvi. p. 758; compare Martial, ix.
andria sustained its Ieputation for many centuries; 60), and so common was it in the time of Juvenal
Rome derived a great portion of its supplies from  and Martial, that old men and women made a
this source, and as late as the reign of Aurelian  livelihood by trucking sulphur matches for broken
we find the manufacture still flourishing. (Cic. pro  fragments.  (Juv. v. 48; Martial, i. 42, x. 3;
Rlabir. Post. 14; Strabo, 1. c.; Martial, xi. 11, Stat. Sylv. i. 6. 73; compare Dion Cass. lvi. 17,)
xii. 74, xiv. 11 5; Vopisc. Azsrel. 45; Boudet, Sur  When Pliny wrote manufactories bad been estaP'Arte de la iresrer'ie nei emn Egypte; Description de  blished not only in Italy, but in Spain and Gaul
l'Egypte, vol. ix. p. 213.)                        also, and glass drinking-cups had entirely superThere is some difficulty in deciding by what seded those of gold and silver (H. N. xxxvi. 66,
Greek author glass is first mentioned, because the  67), and in the reign of Alexander Severus we find
term  JaXeos, like the I-Iebrew word used in the  vitreanii ranked along with curriers, coachmakers,
book of Job (xxviii. 17) and translated in the  goldsmiths, silversmiths, and other ordinary artiLXX. by iaXAos, unquestionably denotes not only  ficers whom the emperor taxed to raise money for
artificial glass but rock-crystal, or indeed  any  his thermae.  (Lamprid. Alex. Sev. 24.)
transparenlt stone or stone-like substance. (Schol.    The numerous specimens transmitted to us prove
ad Aristoph. Nub. 737.)  Thus  the XieAos of that the ancients were well acquainted with the
Herodotus (iii. 24), in  which  the Ethiopians  art of imparting a great variety of colours to their
encased  the bodies of their dead, cannot be  glass; they were probably less successful in their
glass, although understood in this sense by Ctesias  attempts to render it perfectly pure and free from
and Diodorus (ii. 15), for we are expressly told  all colour, since we are told by Pliny that it was
that it was dug in abundance out of the earth; considered most valuable in this state.  It was
and hence commentators have  conjectured that wrought according to the different methods now
rockl-crystal or rock-salt, or amber, or oriental practised, being fashioned into the required shape
alabaster, or some bitumainous or gummy product by the blowpipe, cut, as we term  it, although
might be indicated.  But when the same his- ground (teritur) is a more accurate phrase, upon a
torian in his account of sacred crocodiles (ii. 69)  wheel, and engraved with a sharp tool, like silver
states that they were decorated with ear-rings  (" aliud flatu figuratur, aliud torno teritur, aliud
made of melted stone (&pvTpaTd TE AXOlia XuTvr  argenti modo coelatur," Plin. HI.. A  xxxvi. 66).
iral Xpvoea es vCu WTa isee'res), we may safely  Doubts have been expressed touching the accuracy
conclude that he intends to describe some vitreous  of the last part of this statement; but since we
ornament for which he knew no appropriate name. have the most positive evidence that the diamond
The oppaIyls miaXire and o'qppayse VaXiva of an  (adaseas) was employed by engravers of gems
Athenian inscription referred to n. c. 398 (Bickh,  (Plin. Hr. N. xxxvii. 15;  Solin. 52; Isidor. xvi.
Corp. Inscrip. n. 150. ~ 50), together with the  13, 3), and might therefore have been applied withl
passage in Aristophanes (Aceharz. 74) where the  still greater facility to scratching the surface of
envoy boasts that he had been drinking with the  glass, there is no necessity for supposing that Pliny
great king "C i  viaXL'wv esc7rcc,uTiY " decide no-  was not himself aware of what he meant to say,
thing, especially since in another comedy (NaTb. nor for twisting his words into meanings which
737) Strepsiades describes a vaeXos, or burning-  they cannot legitimately assume, especially since
glass, as a transparent stone sold in the shops of hieroglyphics and various others devices are now to
apothecaries, and we know  that any solid dia-  be seen on Egyptian vases and trinkets which have
phanous substance ground into the form of a lens  been engraved by some such process. (Wilkinson,
would produce the effect.  Setting aside the two  vol. iii. p. 105.)  The diatreta of Martial (xii. 70)
problems with regard to glass, attributed to Ari-  were glass cups cut or engraved according to one
stotle, as confessedly spurious, we at length find a  or other of the above methods.  The process was
satisfactory testimony in the works of his pupil and  difficult, and  accidents occurred  so frequently
successor, Theophrastus, who notices the circum-  (Mart. xiv. 115) that the jurists found it necessary
stance alluded to above, of the fitness of the sand  to define accurately the circumstances under which




VITRUM.                                          VITRUTJM.                    21 l.1
the workman became liable for the value of the  Portland Vase, formerly known as the Barberini
oessel destroyed. (Dig. 9. tit. 2. s. 27. ~ 29; see  Vase, which is now in the British Museum. It was
Salmasius ad Vopise. Saturnl. c. 8.)  The art of found about three hundred years ago, at a short
etching upon glass, now so common, was entirely  distance from  Rome, in a marble coffin within a
unknown, since it depends upon the properties  sepulchral vault, pronounced upon very imperfect
of fluoric acid, a clhemical discovery of the last  evidence to have been the tomb of Alexander Secentury.                                           verus. The extreme beauty of this urn led Mont.
We may now briefly enumerate the chief uses  faucon and other antiquaries to mistake it for a
to which glass was applied.                        real sardonyx. Upon more accurate examination it
1. Bottles, vases, cups, and cinerary urns.  A   was ascertained to be composed of dark blue glass,
great number of these may be seen in the British  of a very rich tint, on the surface of which are de-.
MSluseum and all the principal continental cabinets,  lineated in relief several minute and elaborately
but especially in the Museo Borbonico at Naples, wrought figures of opaque white enamel.  It has
which contains the spoils of Herculaneum  and  been determined by persons of the greatest practiPompeii, and includes upwards of 2400 specimens  cal experience, that these figures must have been
of ancient glass. These sufficiently prove the taste, moulded separately, and afterwards fixed to the
ingenuity, and consummate skill lavished upon such  blue-surface by a partial fusion; but the union has
labours;  many which have been shaped by the  been effected with such extraordinary care and
blowpipe only, are remarkable for their graceful  dexterity, that no trace of the junction can be obform and brilliant colours, while others are of the  served, nor have the most delicate lines received
most delicate and complicated workmanship.  A   the slightest injury. With such samples before us,
very remarlkable object belonging to the last class,  we need not wonder that in the time of Nero a
the property of the Trivulsi family, is described in  pair of moderate-sized glass cups with handles
the notes to Winckelmann (i. c. 2. ~ 21) and figured  (pteroti) sometimes cost fifty pounds (-1S. set
snillibus, Plin. H. N. xxxvi. 66).  For a full description of the Portland Vase, see the eightlh
volume of the Archaeologia.
~- H~l at\ o  n~mi    z    ng2. Class Pastes presenting fac-similes, either in
relief or intaglio, of engraved precious stones.  In
this way have been preserved exact copies of many
beautiful gems, of which the originals no longer
exist, as may be seen from the catalogues of Stosch,
l' lv  }  5  A V    h               of Tassie, of the Orleans collection, and from similar
publications. These were in demand for the rings of
Ii,~ v  JvA kdJL._g(    such persons as were not wealthy enough to purchase
KWt\Xff>2/>V A  ofTreal stones, as we perceive from the phrase " vitreis
\ER\P V                 Pa ( 41  )  5  5ennzis ex v2lqi aennlis."  (Plin. IH. N. xxxv. 30.)
Large medallions also of this kind are still preserved, and bas-reliefs of considerable magnitude.
(See Winckelmann, i. c. 2. ~ 27.)
3. Closely allied to the preceding were imitations
of coloured precious stones, such as the carbuncle,
the sapphire, the amethyst, and above all, the emerald.  These counterfeits were executed with such
fidelity, that detection was extremely difficult, and
here.  It is a glass cup contained within a sort  great profits were realised by dishonest dealers
of network, also of glass, to which it is attached  who entrapped the unwary. (Plin. iI. N. xxxvii.
by a series of short and very fine glass props placed  75.)  That such frauds were practised even upon
at equal distances from  each other.  Round the  the most exalted in station is seen from the anecrim are several letters connected with the cup in  dote given by Trebellius Pollio of the whimsical
the same manner as the network, and forming the  vengeance taken by Gallienus (Gall. c. 12) on a
words BIBE VIVAS MULTOS ANNOS.  The cha-  rogue who had cheated him in this way, and colracters of the inscription are green, the network is  lections are to be seen at Rome of pieces of coloured
blue, the cup itself resembles opal, shades of red,  glass which were evidently once worn as jewels,
wlhite, yellow and blue predominating in turn ac-  from  which they cannot be distinguished by the
cording to the angle at which the light falls upon  eye.  (Plin. H. N. xxxvii. 26. 33. 75; Senec. ELp.
it.  It was at first believed that this effect was  90; Isidor. Orig. xvi. 15. ~ 27; Beckmann, History
the result of long interment beneath the ground; of Inventions, vol. i. p. 199. Eng. Trans. 3d edit.)
but it is much more likely to have been produced     4. One very elegant application of glass deserves
by the artist, for it corresponds precisely to the  to be particularly noticed. A number of fine stalks
account given of two precious cups presented by an  of glass of different colours were placed vertically,
Egyptian priest to the emperor Adrian, and cha-  and arranged in such a manner as to depict upon
racterised as calices allassontes versicolores. (Vopisc.  the upper surface some figure or pattern, upon the
Saturn?. c. 8.)  Neither the letters nor the network  principle of a minute mosaic.  The filaments thus
have been soldered to the cup, but the whole has  combined were then subjected to such a degree of
been cut of a solid mass, after the manner of a  heat as would suffice to soften without melting
cameo, the marks of the wheel being still visible  them, and were thus cemented together into a
on the little props, which are more or less angular  solid mass.  It is evident that the picture brought
according as the instrument was able to reach them   out upon the upper surface would extend down
completely or not.  But the great triumph of an-  through the whole of the little column thus formed,
cient genius in this department is the celebrated  and hence if it was cut into thin slices at right




1212                  VITTA.                                            VITTA.'
angles to the direction of the fibres, each of these  female dress.  II. As a decoration of sacred persections would upon both sides represent the de-  sons and sacred things.
sign which would be multiplied to an extellt in    I. When considered as an ordinary portion of
proportion to the total length of the glass threads. female dress, it was simply a band encircling the
Two beautiful fragmlents evidently constructed in  head, and serving to confine the tresses (crinales
this way  are  accurately  commented  uponl by  vittae) the ends, when long (lolngae tenia vittae),
Winckelmann (i. c. 2. ~ 22, 23, 24), and another  hanging down behind. (Virg. Aen. vii. 351, 403;
recently brought from Egypt is shown on the fron-  Ovid. Mlet. ii. 413, iv. 6; Isidor. xix. 31. ~ 6.)
tispiece to the third volume of Wilkinson's work.  It was worn (1.) by maidens (Virg. Aen. ii. 1 68
MIany mosaic pavements and pictures (opes smu- Prop. iv. 11. 34; Val. Flace. viii. 6; Serv. acd
sivum) belong to this head, since the cubes were  Fiq-. Aen. ii. 133); (2.) by married women also,
frequently composed of opaque glass as well as  the vitta assumed on the nuptial day being of a
marble, but these have been already discussed in  different form from that used by virgins. (Prop. iv.
p. 915 of this work.                                3. 15, iv. 11. 34; Plaut. 21li. GI. iii. 1. 194; Val.
5. Thick sheets of glass of various colours appear  Max. v. 2. ~ L.)
to have been laid down for paving floors, and to    The Vitta was snot worn by libertinae even of
have been attached as a lining to the Nwalls and  fa'ir character (Tibull. i. 6. 67), much less by meceilings of apartments in dwelling houses, just as  retrices; hence it was looked upon as an insigne
scagliLola is frequently employed in Italy, and oc- ptsdlo is, and, together with the stola and instita,
casionally in our own country also.  Rooms fitted  served to point out at first sight the freeborn maup in this way were called vitieae cazserae, and the  tron.  (Ovid. A.; A. i. 31, R. A. 386, Trist. ii.
panels vitreae quad'aturae.  SSuch was the kind  247, Ep. e. Pont. iii. 3. 51.)
of decoration introduced by Scaurus for the scene   T'he colour was probably a matter of choice,
of his theatre, not columns nor pillars of glass as I white and purple are both mentioned. (Ovid. Met.
some, nor bas-reliefs as others hsave imagined.  ii. 413, Ciris, 511; Stat. Achlill. i. 611.)  One
(Plin. H. N. xxxvi. 64; Stat. Syl. i. 5. 42; Senec.  of those represented in the cuts below  is ornaEjP. 76; Vopisec. Fi7sn. c. 3; W1inckelmran,, i. mented with embroidery, and they were in sole
c. 2. ~ 21; Passeri, Lucernae Fictiles, p. 67. tab.  cases set with pearls (vittae smasrsgaritar/olsss, Dig. 34.
lxxi.)                                              tit. 2. s. 25. ~ 2).
6. The question whether glass windows were          The following woodcuts represent back and front
known to the ancients has, after much discussion, views of the heads of statues from  Herculaneum,
been set at rest by the excavations at Pompeii, for  on which we perceive the vitta.  (Broazi d'Esrconot only have many fragments of flat glass been  iscno, vol. ii. tav. 72, 75.)
disinterred from time to time, but in the tepidariuin
of the public baths a bronze lattice came to light
with some of the panes still inserted in the frame,
so as to determine at once not only their existence,                               j'!
isut the mode in which they were secured and ar-'
ranged.  (Mazois, Palais de Scaurus, c. viii. p. 97;'
izines ile Pomspri, vol. iii. p. 77; Becker, Galtus,
vol. ii. p. 2'0.)  [Do.aus, p. 432.] 
7. From the time that pure glass became known,
it must have been remarkled that  lwhen darkened  <
upon one side, it possessed the property of reflecting images.  WeC are certain that an attempt was
nlade by the Sidonians to make looking-glasses
(Plin. I.. h. xxxvi. 66), and equally certain that    1I. When employed for sacred purposes, it wvas
it must have failed, for the use of metallic mirrors, usually twisted round the infula [INFULA], antd
which are more costly in the first instance, which  held together the loose flocks of wool. (Virg. Geoyg.
require constant care, and attain but imperfectly  iii. 487, Alen. x. 537; Isidor. xix. 30. ~ 4; Serv.
the end desired, was universal under the Empire.  ad 1isy. Aecn. x. 538; the expression of Lucan v.
Respecting ancient mirrors, see SPEcvULUA.          142, &c. is obscure.)  Under this form it was el8. A strange story with regard to an alleged in-  ployed as an ornament for (1.) Priests, and those
vention of malleable glass is found in Petronius  who offered sacrifice. (Virg. Aes. ii. 221, Yi. 637,
(c. 51), is told still mnore circumstantially by Dion  x. 537; Tacit. Ann. i. 57.) (2.) Priestesses, espeCassius (lvii. 21), and is alluded to by Pliny (I. N.r cially those of Vesta, and hence vittCta sacerdos
xxxvi. 66), with an expression of doubt, however, for a Vestal, tcal''s.XrX/. (VAirg. Aen. vii. 418;
as to its truth. Anl artist appeared before Tiberius  Ovid. Fast. iii. 30, -vi. 457; Jnv. iv. 9, vi. 50.)
with a cup of glass.  This he dashed violently  (3.) Prophets and poets, who may be regarded as
upon the ground.  When taken up it was neither  priests, and in this case the Vittae were frequently
broken nor cracked, but dinted like a piece of intertwined with chaplets of olive or laurel. (Virg.
metal. The man then produced a mallet, and ham-  Aen. iii. 81, vi. 665; Stat. Silv. ii. 1. 26, Achill.
nlered it back into its original shape. The emperor  i. 11, Tleb. iii. 466).  (4.) Statues of deities.
ilnquired whether any one was acquainted with the  (Virg. Aen. ii. 168, 296; Juv. vi. 50; compare
secret, and was answered in the negative, upon  Stat. Silv. iii. 3. 3.)  (5.) Victims decked for sa —
which the order was given that he should be in-  crifice.  (Virg. Gesog. iii. 487, Aen. ii. 133, 156,
stantly beheaded. lest the precious metals might  v. 366; Ovid. Ep. ex Ponzt. iii. 2. 74, Stat. A chill.
lose their value, should such a composition become  ii. 301.)  (6.) Altars. (Virg. Eecl. viii. 64, Aen.
generally known.                      [W. R..]   iii. 64.)  (7.) Temples. (Prop. iv. 9. 27; compare
VITTA, or pllral VITTAE, a ribbon. or fillet,  Tacit. Jiist. iv. 53.)  (8.) The ircer-'pta of suppliis to be considered, I. As an ordinary portion of ants. (Virg. Aen. vii. 237, viii. 128.)




UMBRACULUM.                                           IJNCIA.'                1213
The sacted. vittae, as well as the infulae, were  of the aliens (tc rorcoi) at Athens had to carry
made of wool, and hence the epithets Icanea (Ovid. parasols after the Athenian maidens at the PanaFast. iii. 30) and nmollis. (Virg. Eel. viii. 64.) thenaea, as is mentioned under HYDRIAPHORIA.
They were white (Oiveae, Virg. Georq. iii. 487f;  The parasols of the ancients seem to have beenl
Ovid. 1/let. xiii. 643; Stat. Tlheb. iii. 466), or pur-  exactly like our own parasols or umbrellas in
ple (puniceae, Prop. iv. 9. 27), or azure (caeruleae)  form, and could be shut up and opened like ours.
when wreathed round an altar to the manes. (Virg.  (Aristoph. Equit. 1348; Schol. ad loc.; Ovid. Ar.
Aen. iii. 64.)                                    AAm. ii. 209.) They are often represented in paint.
Vitta is also used in the general sense of a string  ings on ancient vases: the annexed woodcut is
for tying up garlands (Plin. HI. 1N  xviii. 2; Isidor. taken from  Millin's Peintures de Vases Antiques,
xix. 31. 6), and vittae loreae for the leathern straps  vol. i. pl. 70.  The female is clothed in a long
or braces by which a machine was worked. (Plin.  Chiton or Diploidion [TuNIcA, p. 1172, b.], and
II. N. xviii. 31.)                    [VW. R.]    has a small Himation, which seems to have fallen
ULNA  (&cAel7'), properly the fore-arm  from   off her shoulders.
the shoulder to the wrist, is also used for the    It was considered a mark of effeminacy for men
whole arm, and even for the whole span of both  to mlake use of parasols. (Anacreon, cap. Athenz. xii.
arms; and hence, as a measure of length, it ap- p. 534, a.)  The Roman ladies used them  in the
pears to be used with different significations.  In  amphitheatre to defend themselves from the sun
the chief passages in which it occurs (Virg. Bsc. or some passing shower (Mart. xiv. 28), when the
iii. 105, Geoyg. iii. 355; Ovid, AIetaml. viii. 750; wind or other circumstances did not allow the veHor. Epod. iv. 8) there is nothing to determine its  larium to be extended.  To hold a parasol over a
length, except, perhaps, in the last quoted passage, lady was one of the common attentions of lovers
where, however, we may easily suppose the exag-  (Mart. xi. 73; Ovid. 1. c.), and it seems to have
geration of caricature.  Servius, however, in his  been very common to give parasols as presents.
note on the first of these passages, says that it was  (Juv. ix. 50.)
the space between the outstretched hands, that is,   Instead of parasols the Greek women in later
the same as the Greek 3pyvfa of six feet; and this  tinles wore a kind  of straw  hat or bonnet,
is evidently its meaning  in Pliny (I. N. xvi. 40. called roAIa. (Pollux, vii. 174; compare x. 127;
s. 76, 32. s. 57), where it is important to observe  Theocr. xv. 39.) The Romans also wore a hat with
that t&'assitudo refers to the circaunif'tence of the  a broad brilm (petazsus) as a protection against the
trunk, not to its diamseter.  Later writers use it sun. (Suet. Aug. 82; Dion Cass. lix. 7.) See Pacias equivalent to the cztbit or a mlodification of it, audi, de Unibellae gestatioeze, Rom. 1752; Becker,
and hence the modern ell. (Pollux, ii. 140; Solin. C/asrikles, vol. ii. p. 73.
54.)                                    [P. S.]      UNCIA  (oyidca, obylcca, os'yyLa), the twelfth
ULTROTRIBU'TA.  [CENsoR, p. 265, a.]    part of the As or LIBRA, is derived by Varro friom
UMBELLA.  [UnBRACULUvr.]                       2anus, as being the unit of the divisions of the as
UMBI'LICUS.  [LIBER.]                            (L.L. v. 171, Miiller).  It was subdivided into
UMBO.  [CLIPEUS; TOGA, P. 1136, b.]             2 senzunciae, 3 diuellae, 4 sicilici, 6 sextulae, 24 scruUMBRA'CULUM, IJMBELLA  (erxdae86to, plda, and 144 siliquae.  The values of the Unciar
OrKadiSov, otaLalo'frK7) a parasol, was used by Greek  and its subdivisions, in terms of our own weights,
and Roman ladies as a protection against the sun, will be founld in the Tables.
In connecting the Roman systeill of weights and
money with the Greek, another division of the uncia
wetas used.  W'henl the dracc/inca was introduced
into the Romllan system as equivalenlt to the dena|ius of 96 to the pound [DENARIUS; DRACHIMA]
7z/f-w~~               ]  ~the  nCia, contailed * dccccsun2ae, the drachGcca 3
scrtlpula, the scrtlpzlssnn 2 oboli (since 6 oboli made
up the draschca), and the obolos 3 siliqucae (tcepaula).
Therefore the uncia was divided into 8 drachmae,
24 scrzcpla, 48 oboli, 144 siliquuae. In this division
we have the origin of the mlodern Italian system,
~11]' -                    in which the pound is divided into 12 ounces, the
I/ \)(  > )'-{ t'1 - g {>\;ounce into 8 drams, the draml inlto 3 scruples,'and
// /': /':? i~,                the scruple into 6 carats. In each of these systems
1728 icepara, siliqaee, or carats make up the pound.
/  9j\\;i~li iii       The uncial system was adopted by the Greeks
-?:jlI: |A\\l |  i ii       05of Sicily, who called their obol Aivpa (the Roman
lii'l\\|             libra), and divided it into twelve parts, each of
/1l!!1'!   it i  f is                     which they called y3ida or ovyi0a (the Roman:'l'   i  funcia).  In this system  the ycia was reckoned
equal to the XaXicoks.   [LITRA;  NuMsaus, pp.
813, 814.]
MUiller considers that the Greeks of Sicily, and
also the Romans themselves, obtained the uncial
system from the Etruscans. (Etrlusker, i. p. 309.)
The Romans applied the uncital division to all
kinds of magnitude.  [As.]  Ic length the uncia
They seem not to have been carried generally by  was the twelfth of a foot, whence the word inck,
the ladies themselves, but by female slaves who  icl area the twelfth of a jugerum, in content the
held them  over their mistressse.  T'he daughters  twelfth of a sextarius, in time the twelfth of an




1214              UJNGUENTA.                                      UN1VERSITAS.'
hour.  [As, sub fin.]   Respecting the euscia as a  (Athen. xii. p. 642.)  But as regards the women,
coin see As, p. 141, a.                            it appears that their retired mode of living, and
(Bi6ckh, Metroloq. IUtersuc7. pp. 155,160, 165, their sitting mostly in their own apartments, de293; VWurmn, de Pond, &c. pp. 8, 9, 63, 67, 118, prived them  of a great part of their natural fresh-'
138.)                                  [P. S.]    ness and beauty, for which, of course, they were
UNCIA'RIUM  FENUS. [FENus, p. 527,b.]  anxious to make up by artificial means. (Xenoph.
UNCTO'RES.  [BALNEAE, p. 190, b.]               Oecon. 10. ~ 10; Stobaeus, iii. p. 87, ed. Gaisford;
UNCTUA'RIUM.  [BALNEAE, p. 190, b.]   compare Becker, Charicles, ii. p. 232.)  This mode
UNGUENTA, ointments, oils, or salves.  The  of embellishing themselves was probably applied
application of Unguenta in connection with bath-  only on certain occasions, such as when they went
ing and the athletic contests of the ancients is  out, or wished to appear more charming. (Lysias,
stated under BALNEAE, ATHLETAE, &c..  But de caed. Ersatostl. p. 15; Aristoph. Lysistr. 149,
although their original object was simply to pre-  Eccles. 878, Plht. 1064; Plut. Alcib. 39.)  The
serve the health and elasticity of the human frame, colours used for this purpose were white (sjiLu0rov
they were in later times used as articles of luxury.  (cerusa) and red (fEyXovea or tyXouova, 7raOtipas,
They were then not only employed to impart to  ~uKdcicetov, or ePgos, Xenoph. Oecon. 10. ~ 2;
the body or hair a particular colour, but also to  Aristoph. Lysistr. 48, Eccles. 929; Alexis, ap.
give to them the most beautiful fragrance possible; Athen. xiii. p. 568, compare 557; Etymol. Mag.
they were, moreover, not merely applied after a  s. v.'E4iLjuucLwOOaL)).   The eyebrows were firebath, but at any time, to render one's appearance or quently painted black (s/&Aav, io'oXAos, or erfiTys0,
presence more pleasant than usual.  In short they  Alexis, ap. At/en. xiii. p. 568; Pollux, v. 101).
were used then as oils and pomatums are at present. The manner in which this operation of painting
The numerous kinds of oils, soaps, pomatums,  was performed, is still seen in some ancient works
and other perfumes with which the ancients were  of art representing ladies in the act of painting
acquainted, are quite astonishing. AVeknowseveral themselves.  Sometimes they are seen painting
kinds of soap which they used, though, as it ap- themselves with a brush and sometimes with their
pears, muore for the purpose of painting the hair fingers. (Biittiger, Sabina, ii. tab. ix. and i. tab. vi.)
than for cleaning it.  (Plin. 1I. N. xviii. 12, 51;    The Romans, towards the end of the republic
Mart. viii. 23. 20, xiv. 26, 27.)   For the samoe  and under the empire, were no less fond of painting
purpose they also used certain herbs.  (Ovid.A.4.  themselves than the Greeks.  (Horat. ]ZEpof. xii.
Amat. iii. 163, Aslor. i. 14.)                     10; Ovid. Ar. Am1. iii. 199; Plin. HI. N. xxviii. 8.)
Among  the various and costly oils which were  The red colour was at Rome, as in many parts of
partly used for the skin and partly for the hair, the  Greece, prepared from a kind of moss which the
following may be mentioned as examples: mende- Romals called fucus (the rocella of Linnaeus), and
sium, megalesium, metopium, amaracinum, Cypri- from  which afterwards all kinds of paint were
num, susinum, nardinum, spicatum, iasminum, called f6cus.  Another general term  for paint is
rosaceum, and crocus-oil, which was considered the  creta.  For embellishing and cleaning the comlmost costly.  (Becker, Gallus, ii. p. 27.)  In ad- plexion the Greeks as well as the Romlans used a
dition to these oils the ancients also used various  substance called oesipum  (see the comment. on
kinds of powder as perfumes, which by a general Suidas, s. v. Otaoram), which was prepared of the
name are called Diapassmata.  To what extent wool taken from those parts of the body of a sheep
the luxury of using fragrant oils and the like was  in which it perspired most. Another remedy often
carried on, may be inferred from Seneca (Epist. 86), applied for similar purposes consisted of powdered
who says that people anointed themselves twice or excrementa of the Egyptian crocodiles.  (Horat.
even three times a day, in order that the delicious  and Plin. 1. c.)
fragrance might never diminish.  At Rome, how-    Respecting the subjects here mentioned and
ever, these luxuries did not become very general everything connected with the toilet of the antill towards the end of the republic (Geil. vii. 12), cients, see B1ittiger, Sbicna oder Morgenscene~ iml
while the Greeks appear to have been familiar with  Putzzimnszer einer reiclen, Ritesrin. Leipz. 1806.
them from early times. The wealthy Greeks and  2 vols.                                     [L. S.]
Romans carried their ointments and perfumes with    UNGUENTA'RII.  [UNTGUEN:TA.]
them, especially when they bathed, in small boxes    UNIVE'RSITAS.  The philosophical division
of costly materials and  beautiful workmanship, of things (Res) in the widest sense of the term, is
which were called  larthecia. (Bittiger, Sabina, i. into things Corporeal (Res Corporales), objects of
p. 52.)  The traffic whichi was carried on in these  sense, and things Incorporeal (Res Incorporales),
ointments and perfuanes in several towns of Greece  objects of intellect only (Cic. Top..); and this
and southern Italy was very considerable.  The  division was applied by the Roman Jurists to things
persons engaged in manufacturing them were called  as the objects of Rights.   When a man said of a
by the Ronmans Ungzsentarii (Cic. de Of: i. 12; thing "n meum est," it might be either a Corporeal
HIorat. Sat. ii. 3. 228), or as they frequently were  thing, as a piece of land or an animal; or it might
women, Ungusentariae (Plin. H. N. viii. 5), and  lbe an IncorpoIeal thing, as a Jus utendi fruendi.
the art of manufacturing them  Usnguezlaria.  In  Obligationes were also classed anmong Incorporeal
the wealthy alsd effeminate city of Capua there  things.  But this is not a division of things, in the
was one great street called the Seplasia, which  limited sense, for things in that sense are always
consisted entirely of shops in which ointments and  corporeal; it is a division of things in the wider
perfumes were sold.                                sense.
A few words are necessary on the custom  of the    In a thinlg corporeal we may consider that there
ancients in painting their faces.  In Greece this  are parts, in reference to which the whole is a Unipractice appears to have been very common among  versitas or a unit.  If then the division intojparts
the ladies, though men  also had sometimes re- is msade withl reference to thle subjection of a part
cfurse to it~, as for example, Demetrius Phalereus. to a persolls awill, the part is vie-ved. l  ai  s whole,:




UNIVERSITAS.                                       JNIVEl SITAS.                1215
as a thing in itself, that is, the whole is viewed  material things which form the ideal unit of his
pro diviso; for division in this case is the same as  property.
making  many wholes out of one whole.  It is    In this way we arrive at the correct notion of a
here assumed that the thing is in its nature di-  universitas of persons, which is the notion of a
visible; as a piece of land which is capable of fictitious person imagined for certain purposes, as
being divided into parts.                          the notion of a universitas of independent material
But there are parts of things corporeal which  things is the notion of a fictitious thing, imagined
are essential to the constitution of the whole, so that for certain purposes.
the whole cannot be divided into parts without    A  single person only canl properly be viewed as
the destruction of its nature; as a living animal  the subject of rights and duties; but the notion of:
for instance.                                       legal capacity may by a fiction be extended to an
Besides the corporeal parts into which a (cor-  imaginary person, to a universitas personarum, but
poreal) thing is divisible, we may suppose incorpo-  the fictitious person is not a unit composed of the
real, ideal parts of a corporeal thing (Dig. 45. tit. real persons: it is a name in which the several
3. s. 5).  These parts are assumed fractions of a: persons or a majority may act for certain permanent
whole, not corporeal parts.  If such a part is the  purposes.  The purpose itself is sometimes the
object of thought, the whole corporeal thing is  fictitious person, as when property is given for
viewed pro indiviso: the corporeal object of the will the service of religion, whether it is administered
is the thing, and the limitation of the will to a  by one person or several persons.  Such juristical
part, is merely intellectual.  Thus several persons  persons have certain legal capacities as individuals
may be joint owners of a piece of undivided land, have; but their legal capacities are limited to
but no one canll say that any particular part belongs  property as their object.  It is true that the Roto him.  The, case just put is that of a corporeal mans often considered persons as a collective unity,
whole and  ideal parts.  But the whole  may  simply because  they all exercised  the  same
be ideal and the parts corporeal: as when there  functions: thus  they  speak  of the  Collegiunm'
is a number of independent corporeal things, not  of the consuls [COLLIEGIUI], and of the Tribuni
materially connected, but they are intellectually  Plebis.  In like manner they say that the Duumconnected so as to form  in idea a whole: thus a  viri of a mnunicipum are to be viewed as one person.
flock of sheep is an ideal whole, and the several  (Dig. 50. tit. 1. s. 25).   But these fictitious
sheep are the independent corporeal things.  The  unities have only reference to Jus Publicumn, and
ideal whole is not composed of the several corporeal they have no necessary connection with juristical
things, for an ideal whole cannot be composed of persons, the essential character of which is the
corporeal parts; but the ideal whole is a notion  capacity to have and acquire property by some
which is formed witlh reference to some particular  nasme.
purpose.  It is necessary that the purpose of the     Juristical persons could be subjects of ownerseveral things shall not be different from and inde-  ship, Jura in  re, obligationes, and hereditas:
pendent of the general purpose for which the notion  they could own slaves and have the Patronatus;
is formed, but subservient to it.  Thus as separate  but all the relations of Familia, as the Patria Pocorporeal things may be often materially united to  testas and others of a like kind, were foreign to the
form  a new corpus; so the several independent notion.  But though the capacity to have property
things  which are  not capable of such material  is the  distinguishing  characteristic of Juristical
union, may be viewed as an ideal union or as a  persons viewed with relation to Jus Privatum, the
a universitas for some purpose; the flock of sheep  objects for which the property is had and applied
Ynay be viewed as a whole, as a universitas, for  may be any; and the capacity to have property
the purpose of ownership.  Such a unIv-ersitas, as  implies a purpose for which it is had, which is
already observed, is independent of the several cor-  often much more important than this umere capacity.
poreal things: it still exists if they are all changed.  But the purposes for which Juristical persons lhave
Thus in a flock of sheep woe have a fictitious, a  property are quite distinct from  their capacity to
juristical whole or thing, and  in the notion of have it.  This will appear from all or any of the
a universitas of persons we have a fictitious or ju-  examples hereinafter given.
ristical person, which is still the samie person      The following are Juristical persons: (1) Civi..
though all the individuals  are changed.  As' a  tas: (0) Municipes: this term  is more conmmon
number of sheep must have a nalne, a flock, in order  than iMunicipium, and comprehends both citizens
to be comprehended in one notion, so a juristical of a  {Municipium  and a Colony; it is also used
person must have a name, ns the universitas of when the object is to express- the Municipium as
Fabri, or the city of Rome.                         a whole opposed to the'individual members of it.
The term  universitas then imay have Various  (3) Respublica.  In the republican period, when
senses, 1. Both the universitas and the parts may  used without an adjunct, Respublica expressed
be corporeal (Dig. 50. tit. 16. s. 239. ~ 8): tern-  Rome, but in the old jurists it signifies a Civitas
torium est universitas agrorum  intra fines cujus-  dependent on Rome.  (4) Respublica Civitatis or
que civitatis.  2. The universitas may be corpo-  Municipii: (5) Commune, Commlunitas.  Besides
real, and the parts incorporeal, as when. we imagine  the Civitates, component parts of the Civitates are
fractional parts of a thing.  3.' The universitas may  also Juristical persons: (1) Curiae or Decuriones 
be incorporeal, and the parts corporeal, as a flock  the word Decuriones often denotes the individuals
of sheep.  4. The universitas and the parts may  composing the body of Decuriones as opposed to
both be incorporeal.                                the Civitas (Municipes), which appears from  a
The fourth is the case when the notion of a  passage in the Digest (4. tit. 3. s. 15), where it is
whole and its parts is not applied to things, but to  stated that an action for Dolus will not lie against
rights:  thus a man's whole  property may' be  the. Municipes, for a fictitious person cannot be
viewed as a unit, or as a Ulniversitas, which compre-  guilty of Dolus, but such action will lie againlst the
hends.the several rights that he has to the several  individual Decariones wsho  administer the affaiLr




216           UNIVERSITAS.                                       UNIVERSITAS.
of the Municipes.  Sometimes the word Curia is  (in Cn2reianam), but the  dissolution only exused as equivalent to Civitas: and sometimes the  tended  to mischievous associations, as may be
Decuriones are spoken of as a Juristical person, safely inferred from  the nature of the case, and
which has property as such.  (2) Vici; which  even the words of Asconius, if carefully examined,
have no political self-existence, but are attached  are not inconsistent with  this conclusion.  In
to some Respublica; yet they are juristical per- the Digest (47. tit. 22. s. 1, 2, 3) we find the rule
sons, can hold property, and maintain suits.  (3)  that no collegium  could be formed without the
Fora, Conciliabula, Castella.  These were places  permission of a Senatusconsultum or the Caesar 
between Civitates and Vici as to extent and im-  and persons who associated unlawfully were guilty
portance; they belonged to a Respublica, but had  of an cxtraordinarium  crimen.  The rule of lawthe rights of juristical persons: they are not men- means that no union of persons could form  a
tioned in the legislation of Justinian, but the names juristical person without the consent of the proper
occur in the Tablet of Heraclea, in the Lex Galliae  authority; and this is quite distinct from  the
Cisalpinae, and in Paulus (S. R. iv. tit. 6. s. 2.) i other provision contained in the same rule, which
In the later period of the Empire, Provinces were  punished associations of persons who acted as corviewed as juristical persons.                     porations, for this part of the rule relates only to
In the writings of the Agrimensores, commu- such associations as were dangerous, or of an undenities, and, particularly, colonies (coloni), are desir-  fined character.
nated by the appropriate name of Publicae Per-    There were also in the Imperial period the
sonae, and property is spoken of as belonging to  Collegia tenuiorum, or associations of poor people,
the Coloni, that is, the Colonia, Coloni being used  but they were allowed to meet only once a month
here in the same sense in which Municipes was and they paid monthly contributions.  (Dig. 47.
used as above explained.                           tit. 22. s. 1, 3.)  A man could only belong to one
Other juristical persons were  (I) Religious  of them.  Slaves could belong to such a collegium,
bodies, as Collegia of Priests, and of the Vestal with the permission of their masters.
Virgins, which could hold property and take by       Communities of cities and towns have a kind of
testament.  (2) Associations of official persons, natural or necessary existence; and other bodies,
such as those who were employed in administra-  called corporations, have been fashioned by a kind
tion: the body of Scribae became one of the most of analogy to them, and like them  can have pronumerous and important, as they were employed in  perty, and be represented like them  by an agent,
all branches of administration; the general name  wherein consists the.essence of a juristical person.
was Scribae, a term which includes the particular  Some of these corporations, like communities of
names of librarii, fiscales and others; they were  cities and towns, were of a permanent character,
divided into subdivisions called Decuriae, a term  as Colleges of Priests, Decuriae, and Companies
which even under the Republic and also under  of artisans; others had a temporary character,
the Empire denoted the corporations of Scribae; as Societates and Sodalitates.  All these corpothe individual members were called decuriati, and  rations are designated by the namne either of Colsubsequently decuriales; the decuriati had great legium or Corpus, between which there is no legal
privileges in Rome and subsequently in Constalti-  distinction;  for it appears that one corporation
nople. (Cic. ini V7err. iii. 79, ad Quint. Frat. ii. 3;  was called a Collegium and another a Corpus, as it
Tacit. Al2zn. xiii. 27; Sueton. Autg. 57, Claud. 1.)  might happen.  But both of these terms denote a
(3) Associations for trade and commerce, as Fabri,  Corporation, as above explained, as opposed to a
Pistores, Navicularii, the individuals of which had  Civitas or Respublica.  The members of such cora common profession, on which the notion of their porations were Collegae and Sodales, which is a
union was founded; but each man worked on his  more general and an older term than Sodalitas.
own account. Associations properly included under  Altogether they were called Collegiati and CorpoSocietates [SOCIETAS]: such associations could be  rati: the members of particular kinds of corporadissolved by the notice of any member, and were  tions were Decuriati, Decuriales, Socii. The coamactually dissolved by the death of a single member. mon name which includes all Corporations and
Some of these associations, such as those for work-  Civitates is Universitas, as opposed to which any
ing Mines, Salinae, and farming the Portoria were  individual is singularis persona.
corporate bodies, though they had the name of Socie-    The notion of individual property as a unity is
tates. (4) Associations, called Sodalitates, Sodalitia, founded on the notion of the unity of the owner.
Collegia Sodalitia, which resembled modern clubs. But this notion of unity, when once established,
In their origin they were friendly associations for may for certain purposes be arbitrarily assumed,
feasting together; in course of time many of them   and accordingly it is applied to the case of Peculibecame political associations, but fromtthis we must am, Dos, anid Hereditas, and modern writers have
not conclude that their true nature really varied;  designated these as cases of a Universitas Juris.
they were associations not included in any other  The name Universitas Juris does not occur in th6
class that has been enumerated, but they differed  Roman law.  On this subject see Puchta, Inst.
in their character according to the times.  In  ii. ~ 222.  The nature of Succession is explained
periods of commotion they became the central under SuccEssIo.
points of political factions, and new associations, it    The term Universitas was adopted in the middle
mnay-be reasonably supposed, would be formed ex-  ages to denote certain great schools, but not uts
pressly for political purposes.  Sometimes the  Schools: the term denoted these places as corporapublic places were crowded by the Sodalitia and  tions, that is, as associations of individuals.  The
Decuriati (Cic. ad Quint. Fract. ii. 3), and  the  adjunct which would express the kind of persons
Senate was at last compelled to propose a lex which  associated would depend on circumstances: thus
should subject to the penalties of Vis those who  in Bologna, the expression Universitas Scholariunt
would not disperse.  This was followed by a gene-  was in common use; in Paris, Universitas Magisral dissolution of collegia according to Asconius  trorum.  Tile School as such was called Schola,




URNA.                                         USUCAPIO.                 1217
and from the thirteenth century, most commonly  Plin. Ejist. x. 3; Juv. xiii. 4): also to receive the
Studium; and if it was a distinguished school, it ashes of the dead.  [FuNus, p. 560, a.]  For this
was called Studium Generale.  The first occasion  purpose urns were made of marble, porphyry,
on which the term  Universitas was applied to a  baked clay, bronze, or glass, of all forms and sizes,
great school is said to be in a Decretal of Innocent some quite simple, and others sculptured in bas-.II., of the beginning of the thirteenth century, relief, or ornamented in an endless variety of
addressed Scholaribus Parisiensibus.             ways.                                 [J. y.]
(Savigny, System des Heutigen RMsm. Reclts, i.    URPEX.  [IRPE x.]
378, ii. 235, iii. 8; Savigny, Geschiclte des Rome.    USTRI/NA,  USTRI'NUM.   [FUNUs, p.
Rechts ims Mittelalter, vol. iii. 318, 380; Puchta, 559, b.]
Inst. ii. ~ 222.)                    [G. L.]       USUCA'PIO.  The history of Usucapio is an
VOCA'TIO  IN  JUS.  [ACTIO, p. 10. b.]    important fact in the history of Roman JurisVOLO'NES  is synonymous with  Volsntarii prudence.  Usucapio is the acquisition of Quiri(from vole), and might hence be applied to all tarian ownership by continuous possession; consethose who volunteered to serve in the Roman  quently, it is not possible in the case of a Perearmies without there being any obligation to do so. grinus nor is it applicable to provincial land.
But it was applied more especially to slaves, when    Gaius (ii. 40-42) states that there was origiin times of need they offered or were allowed to  nally in Rome only one kind of ownership: a perfight in the Roman armies.  Thus when during  son was either owner of a thing Ex jure Quiritium,
the second Punic war after the battle of Cannae  or he was not owner at all. But afterwards ownerthere was not a sufficient number of freemen to  ship was divided, so that one man might be owner
complete the army, about 8000 young and able- Ex jure Quiritium, and another might have the
bodied slaves offered to serve. Their proposal was same thing In bonis, that is, have the right to the
accepted; they received armour at the public ex- exclusive enjoyment of it.  He then. goes on to
pense, and as they distinguished themselves they  give an instance of the mode in which the divided
were honoured with the franchise. (Liv. xxii. 57, ownership might arise by reference to the transfer
xxiii. 35; Macrob. Sat. iL 11; Fest. s. v. Volones.)  of a Res Mancipi: if such a thing was transferred
In after times the name volones was retained when- by bare tradition, and there was neither Mancipatio
ever slaves, chose or were allowed to take up arms nor In jure cessio, the new owner only acquired the
in defence of their masters, which they were the  natural ownership, as some would call it, or only
more willing to do, as they were generally re- had it In bonis, and the origisna owner retained the
warded with the fianchise.  (Liv. xxiv. 11, 14, Quiritarian ownership until the purchaser acquired
&c., xxvii. 38, xxviii. 46; J. Capitolin. 1M.  Anto. the Quiritarian ownership by Usucapio (possidendo
einz. Philos. 21.)                    [L. S.]    usucalpiat)'; for when the Usucapio wascompleted,
VOLU'MEN.  [LIBER.]                           the effect was the same as if the thing had been
VOLUNTA'RII.  [VOLONES.]                       originally mancipated or transferred by the In
VOMITO'RIA.  [AMPHITHEATRUM, p. 84.]  jure cessio.  Gaius adds, " in; the case of moveable
URAGUS.  [EXERCITUS, p. 506, a.]              things the Usucapio is completed in a year, but in
URIBA'NAE COHORTES.  [EXERCITus, p. the case of a fundus or- aedes two years are re510, a.]                                         quired; and so it is, provided by the Twelve
U'RCEUS, a pitcher, or water-pot, generally  Tables."
made of earthenware.  (Dig. 33. tit. 7. s. 18; Her.   In this passage he i;tdVidently speaking of Res
As. Poet. 22.)  It was used by the priests at Mancipi only, and of thein only when transferred
Rome in the sacrifices, and thus appears with other to the purchaser by the owner without the forms
sacrificial emblems on the coins of some of the  of Mancipatio or in Jure Cessio.  From this then
Roman gentes.  The annexed coin of the Pompeia  it might be safely concluded that the Twelve
gens has on the obverse a lituus before the head  Tables provided a remedy for defective modes of
of Pompeius, the triumvir, and an urceus be- conveyance of' Res Mancipi from the owner; and
hind it.                                        this is all that could be concluded from this passage. But a passage which immediately follows
shows that this ias all that the Twelve Tables
did; for Gaius (ii. 43) proceeds to say, " But
AS?......... //1  )/rX (Ceterum) there may be Usucapio even in the case
of those things- which have come to us by.tradition
I?~'C t\/22t  \t:~ _              from a person who was not the owner, whether
NAs -lf   Dthey are Res Mancipi or not, provided we have
N   0'  L   von     received them bona fide, believing that he who delivered (qui tradiderit) them -to us was the owner.
And this rule of law seems to have been established,
URNA, an urn, a Roman measure of capacity  in order that the ownership of things might not
for fluids, equal to' half an AMPHORA. (H-or. Sat. be long in: uncertainty, seeing that one or two
i. 1. 54.)  This use of the term  was probably  years would be qiuite sufficient for' the owner to
founded upon its more general application to de- look- after his' property, that being the time alnote a vessel for holding water, or any other sub- lowed to the Possessor for Usucapio."
stance, either fluid or solid. (Plaut. Pseud. i. 2.    The reason for' limniting the owner to one or two
24; Hor. Sat. i. 5. 91, ii. 6. 10; Ovid. Met. iii. years has little force in it alnd possibly no his172.)                                           torical truth; but it is clear from this passage that
An urn was used to receive the names of the  this application of the rule of Usucapio was formed
judges (judices) in order that the praetor might from  analogy to the rule of the Twelve Tables,
draw out of it a sufficient number to determine  and that it was not contained in them.  The
causes (Hor. Carm. iii. 1. 16; Virg. Aen. vi. 432; limitation of the time of Usucapio is clearly due to
4'




1218              UJSUCAPIO.                                      USUCAPIO.
the Twelve Tables, and the time applied only to  he could not alienate it by Mancipatio or In jure
purchases of Res Mancipi from the owner, when  Cessio, and it was a necessary consequence that he
the legal forms of conveyance had been neglected. could not dispose of it by Testament in the same
But the origin of Usucapio wvas probably still way in which Quiritarian ownership was disposed
more remote.                                     of by Testament.  The necessity for such a rule as
When Gainus states that there was originally  that of Usucapio was evident, but it could arise
only one kind of ownership at Rome, and that in no other way than by positive enactment, for its
afterwards ownership was divided, he immediately  effect was to be the same as that of Mancipatio.
shows how this arose by taking the case of a Res The Twelve Tables fixed the term  of Usucapio,
Mancipi.  This division of ownership rested on the  but we do not know whether they fixed or merely
division of things into Res Mancipi and Res Nec  confirmed the rule of law as to Usucapio.
Mancipi, a distinction that had reference to nothing    It is a mistake to suppose that tradition or deelse than the mode of transferring the property of livery was a part of Mancipatio as such.  Mancithem.  Things were merely called Res Mancipi, patio was merely a form of transferring ownership
because the ownership of them could not be trans- which was fixed by law, and the characteristic of
ferred without Mancipatio.  Things were Res nec which awas publicity: a delivery of the thing would
Mancipi, the alienation of which could be effected  of course generally follow, but it was no part of
without Mancipatio.  There could be no division  the transfer of ownership.  Land (praedia) for
of things into Mancipi and Nec mancipi, except instance could be mancipated without delivery
by determining what things should be Res Mancipi. (in absentia macncipaei solent, Ulp. FrAp. tit. 18;
Res nec Mancipi are determined negatively: they  Gaius, i. 121.)  In the case of moveable things,
are all things that are not Res Mancipi.  But the  it was necessary that they should be present, not
negative determination pre-supposes the positive. for the purpose of delivery, but that the thing
Therefore Res Mancipi were determined before  mancipated might be identified by apprehension.
ties nec Mancipi could be determined; and before  The essential to the transfer of ownership in all
the Res Mancipi were determined, there was no  countries, is the consent of two persons, who have
distinction of things into RBes Mancipi and Res legal capacity to consent, the seller and the buyer.
nec Mancipi.  But this distinction, as such, only  All the rest is form that may be varied infinitely:
affected the condition of those things to which it this consent is the substance.  Yet tradition as a
had a direct application: consequently all other form of transfer was undoubtedly the'old Roman
things remained as they were before.  The conclu- form, and consent alone was not sufficient; and it
sion then is certain, that the Res Mancipi as a may be admitted that consent alone was never sufficlass of things were posterior in order of time to  cient for the transfer of ownership without affecting
the class of Res nec Mancipi, which comprehended  the principle laid down that consent alone is esall things except Res Mancipi.  Until then the  sential in the transfer of ownership.  This appaclass of Res Mancipi was established, all property  rent incongruity is ingeniously and sufficiently exat Rome could be alienated by tradition, as Res  plained in the following manner: " Tradition owes
nec Mancipi could be alienated by tradition after its origin to a time when men could not sufficiently
the class of Res Mancipi was constituted.        separate in their minds Physical ownership, or the
The time when the class of Res Mancipi was  dominium over a thing, from Legal ownership. As
formed is not known; but it is most consistent a man can only call a bird in the air or a wild
with all that we know to suppose that it existed  animal in the forest his own when he has caught
before the Twelve Tables.  If we consider the  it; so men thought that tradition must be added to
forms of Mancipatio [MANCIPATIO], we cannot contract in order to enable a man to claim the
believe that they arose in any other way than by  thing as his own."  (Engelbach, Ueber die Usucapositive enactment.  As soon as the forms of pion, &c. p. 60.)
Mancipatio and of the In jure cessio (which from   Besides the case of property there might be
its character must be posterior to Mancipatio)  Usucapio in the case of Servitutes, Marriage, and
were established, it followed that mere tradition of Hereditas. But as Servitutes praediorum rusticorum
a thing to a purchaser and payment of the purchase-  could only be the objects of Mancipatio and could
money, could not transfer the ownership of a Res  only be established by the same form by which
Mancipi.  The transfer gave the purchaser merely  ownership of Res Mancipi was transferred, so aca Possessio, and the original owner retained the  cording to the old law, these Servitutes alone could
property.  In course of time the purchaser ob- be the object of Usucapio; and, as it is contended
tained the Publiciana actio, and from this time it by Engelbach, only in the case of Aquaeductus,
might be said that a double ownership existed in  Haustus, Iter and Actus.  But as the ownership
the same thing.                                  of Res Mancipi could be acquired by bare tradition
The introduction of Mancipatio, which gave rise  followed by usucapio, so these servitutes could be
to the double ownership, was also followed by  established by contract and could be fully acquired
the introduction of Usucapio.  The bona fide  by Usucapio.  In the later Roman law, when the
Possessor of a Res Mancipi which had not been  form of Mancipatio  was replaced by mere tradition,
transferred by Mancipatio, had no legal defence  servitutes could be established per pacta et stipuagainst the owner who claimed the thing.  But he  lationes only.  In the case of a Marriage Coemphad the exceptio doli, and subsequently the Ex-  tione, the form  of Mancipatio was used, and the,eptki rei;yenditae et traditae by which he could  effect was that the woman came into the hand of
plPttct lhimself against the owner; and as Possessor her husband, and became part of his Familia. The
As.PTp;i: he; had-the -protection: of the Interdict marriage Usu could not of itself effect this, but if
agistr'hir peo1Pss 0 nsle  ihad the full enjoyment  the wonman lived with her husband a year, she
qof;,thve thng, andhe could.transfer- tlee.possessio, passed into his Familia by Usucapio (velut aznza,but he:could.,do noactt.ith,-respect to it for -which Ipossessione uzsucapiebatr): and accordingly it was;Qpjrjitprpjp:pwaufesh'ipe.asni-cessar~,[couse-q:elntly  provided by the laws of the Twelve Tables, that if




USUCAPIO.                                       USUCAPIO.                1219
she did not wish thus to come into her husband's  the ownership by Usucapio, for the mala fides in
hand, she must in every year absent herself from  which their possession originated was an obstacle
him for three nights in order to interrupt the usis. to the Usucapio, but no person who bona fide
(Gaius, i. 110.)  Thus Usucapio added to Usus  bought the thing that was stolen or vi posseesa,
produced the effect of Coemptio.  In the case of could acquire the ownership by Usucapio. (Gains,
the Hereditas, when the testator had the testament1  ii. 45.)  According to other authorities the rule as
factio, and had disposed of his property without to a stolen thing was established by the Lex
observing the forms of Mancipatio and Nuncupatio, Atinia.  Provincial lands also were not objects of
the person whom he had named his heres, could ob-  Usucapio.
tain the legal ownership of the hereditas by Usu-    If a woman was in the tutela of her agnati, her
capio. (Gains, ii. 54.) In all these cases then the  Res Mancipi could not be objects of Usucapic,
old law as to Usucapio was this: when the positive  unless they had been received from her by traditio
law had required the forms of Mancipatio in order  with the auctoritas of her tutor; and this was a
that a certain end should be effected, Usucapio sup- provision of the Twelve Tables.  The legal incapaplied the defect of form, by converting a possessio  city of the woman to transfer ownership by Man(subsequently called In bonis) into Dominium ex  cipatio must be the origin of this rule.  The
jure Quiritium. Usucapio then was not originally a  property of a woman who was in Tutela legitima
mode of acquisition, but it was a mode by which  could not be an object of Usucapio, as Cicero exa defect in the mode of acquisition was supplied, plains to Atticus (de tutela legitizma nihil usucapo
and this defect was supplied by the use of the  posse, ad Att. i. 5).  The foundation of this rule,
thing, or the exercise of the right.  The end of according to some, was the legal incapacity of a
Usucapio was to combine the beneficial with the  woman who was in the tutela of her Agnati, to
Quiritarian ownership of a thing. Accordingly the  make a will. [TESTAM.ENTu[M; bitt see TUTEA.]
original name for Usucapio was Usus Auctoritas,   In order to acquire by usucapio, a person must
the auctoritas of usus or that which gives to Usus  have the capacity of Roman ownership; conseits efficacy and completeness, a sense of Auctoritas  quently all persons were excluded from acquiring
which is common in the Roman Law.  Some say  by Usucapio who had not the Commercium.  The
that usus auctoritas is usus et auctoritas. (Cic. Pro  passage quoted by Cicero (de Offic. i. 12) from the
C6ecin. 19.) [AUCTORITAS; TUTEIr..] But Usus  Twelve Tables, " adversum  hostem  (i. e. perealone never signifies Usucapio; and consistently  grinum) aeterna auctoritas," is alleged in support
with this, in those cases where there could be no  of this rule of law; that is, a Peregrinus may have
Usucapio, the Roman writers speak of Usus only. the use of a Res Mancipi which has been transPossessio is the Usus of a piece of ground as op- feorred by traditio, but he can never acquire any.
posed to the ownership of it; and the term Usus  thing more by Usucapio.
was applied to the enjoyment of land of which a    Things could not be objects of Usucapio, which
man either had not the ownership or of which he  were not objects of Coinmercium.  Accordingly all
could not have the ownership, as the Ager publicus. Res divini juris, such as temples and lands dediIn the later law, as it is known to us in the Pan-  cated to the gods, and Res communes could not be
dect, Usucapio was a mode of acquiring ownership, objects of Usucapio.  The Limits or bounds by
the term  Usus Auctoritas was replaced by the  which the Romanus Ager was marked out were
phrase Usus Capere, and in the place of Usucapio  consequently not objects of Usucapio, as to which
somletimes the phrase "possessione or longa pos- there was a provision in the Twelve Tables. (Cic.
sessionle capere" occurs; but Possessio alone never de Leg. i. 21. "6 Quoniam usucapioneni intra quinque
is used for Usucapio.  In order to establish the  pedes esse noluerunt.") The Quinque pedesare the
title by Usucapio, the Possession must be continuous limites linearii, the breadth of which was fixed at
or uninterrupted during the whole Usucapion.  If five feet by a Lex Mamilia.  The approach to a
there was an interruption of the Possession (usur- sepulchre was also not an object of Usucapio.
patio), and the Possession was acquired again, this  Free men could not be objects of Usucapio. (Gaius,
was the commencement of a new Usucapio.  The  ii. 48.)
possession must also have a legal origin, without    In the time of Gains (ii. 51) a man might take
which the possession would have no effect.  The  possession of another person's land, provided he
possessor must be able to show an origin of his used no force (vis), the possession of which was
possession which would give him at least bonitarian  vacant either from the carelessness of the owner, or
ownership: this was called justa causa possessionis, because the owner had died without a Successor
tituls nusucapionis.  The causa might be a bargain  [SUccEssio], or had been long absent; and if he
and sale0 a gift (donatio), a legacy and others.  transferred the field to a bona fide purchaser, the
It appears from  a passage of Gains already  purchaser could acquire the ownership by Usucaquoted, that in his time Usucapio was a regular pio, even though the seller knew that the field was
mode of acquisition, which was applicable to things not his own.  This rule was established against
which had come to a man by tradition from one  the opinion of those who contended that a Fundus
who nwas not the owner, and was applicable both  could be Furtivus or an object of theft.  But a
to Res Mancipi and Nec Mancipi, if the possessor man might in some cases acquire by Usucapio the
acquired the possession of them bona fide; that is, ownership of a thing which he knew to be not his
for instance, if he believed that he brought them  own: as if a man had possession of a thing befrom the owner. There were however some ex- longing to the hereditas, of which the heres had
ceptions to this rule: a man could never acquire  never acquired: the, possession, provided it was a
the ownership of a stolen thing by Usucapio, for thing that could be an object of Usucapio.  This
the Twelve Tables prevented it, and the Lex Julia  species of possessio and usucapio was called Pro
et Plaultla prevented Usucapio in the case of a  herede: and even things immovable (quae solo
thing Vi possessa.  The meaning of the law was continentu'r) could be thus acquired by one year's
not that the thief or the robber could not acquire  usucapio. The reason was this: the Twelve Tabies
4 12




1220             USUCAPIO.                                       USUCAPIO.
declared that the ownership of res soli could be  came applicable to all cases of bona fide possession,
acquired by usucapio in two years, and all other whether the thing was a Res Mancipi or not.
things in one year: now as the hereditas was not Formerly if a will had been made in due form exa res soli it must be included in the "6 other things,"  cept as to Mancipation and Nuncupation, the heres
and it was further determined that the several acquired the hereditas by Usucapio; but with the
things which made up the hereditas must follow  introduction of the Praetorian Testament [TESTAthe rule as to the hereditas; and though the rule  MENTUM] and the Bonorum Possessio,the Bonoruin
as to the hereditas was changed, it continued as to  Possessor obtained the right to actiones fictitiae or
all the things comprised in it. (Seneca, De Benef. utiles in all cases where the deceased had a right
vi. 5.) The reason of this " improba possessio et usu- of action, and he acquired by Usucapio the Quiricapio," says Gaius, was that the heres might be in- tarian ownership of the several things which were
duced the sooner to take possession of the hereditas, included in the hereditas. In course of time it came
and that there might be somebody'to discharge the  to be considered by the jurists as a rule of law that
sacra, which in ancient times (illis tesmporibus) were there could be no Usucapio of an hereditas. (Gaius,
very strictly observed; and also that there might ii. 54.)  In like manner in the case of Servitutes
be somebody against whom  the creditors might established by contract, the introduction of the
mnake their demands.  This kind of Possessio and  Actio Publiciana rendered the doctrine of Usucapio
Usucapio was'called Lucrativa.  In the time of unnecessary, and a Scribonia Lex is mentioned
Gaius it had ceased to exist, for a Senatusconsultum  which repealed all Usucapio of Servitutes. (Dig
of Hadrian's time enabled the heres to recover that 41. tit. 3. s. 4. ~ 29.)  But this Lex only applied
which had been acquired by'Usucapio, just as if to the establishment df servitutes; it did not affec
there had been no Usucapio; but in the case of a that Usucapio by which the freedom of a servient
heres necessarius, the old rule still remained. piece of land was effected.  It became a maxim oa
(Gaius, ii. 52-58; Cic. Top. 6; Plin. Ep. v. 1.)  law: servitutes praediorum rusticorum non utendo
Gaius mentions'a mode of acquisition under the  amittuntur, which, viewed with respect to the sername of Usureceptio.  If a man mancipated a vient land, was a'Usureceptio.  In this sense
thing to a friend or transferred it by the In Jure  " usurpata recipitur " seems to be used in a passage
Cessio, simply in order that the thing might be in  of'Paulus (S. R. i. tit. 17. s. 2).  "Usurpari " is
his friend's safe keeping (fiduciae causa; quod  commonly used in the sense of "uti," and in this
tutius nostrae res apud eum essed), he had always passage of Paulus "usurpata recipitur " seems
a capacity for recovering it.  In order to recover equivalent to "usu recipitur;" though this is not
immediately the Quiritarian ownership of the- thing, the meaning that has usually been given to this
Remancipatio was necessary; but if the thing was passage.
transferred to him by traditio, the Remancipatio    In the case of marriage also Usucapio fell into
was completed by'Usucapio, or as it is here called  disuse (Gaius, i. 111).
by Usureceptio: for Usfireceptio differs in no' re-    But in other respects usucapio subsisted.  He
spect from Usucapio, except that the person who who had acquired a'Res Mancipi by tradition, had
acquires the Quiritarian ownership by Usus, in the now a Praetorian ownership, and he had a right of
one case acquires (capit), in the other re-acquires action in respect of this ownership, which was
(recipit) the thing.  In the case of a pignorated  analogous to the Rei Vindicatio.  But Usucapio
thing, the debtor's capacity to recover by Usure- was still necessary to give him Quiritarian ownerceptio was the same- as' in the case of Fiducia as ship and its consequent advantages.  The distincsoon as he had paid his debt to the creditor: and  tion between Res Mancipi and Nec Mancipi exeven if he had not paid the -money and had ob- isted, and as a consequence the Testamentum per
tained possession of the thing neither by hiring it aes et libram  subsisted at the same time with the
from the creditor, nor precario, he had a lucrativa  Praetorian Testament.
usucapio, which was a-'usureceptio and was pro-    When finally all distinction was abolished bebably formed from analogy to the lucrativa usu- tween Res Mancipi and Nec MaIncipi, and the
capio pro herede.                                ownership of all things could be acquired by TraServitutes praediorusn rusticorum were estab- ditio and Occupatio, that kind of Usucapio ceased
lished, at least according to the old' law, by Man- by which a thing In bonis -became a man's Ex
cipatio: the right to the Servitutes could only be Jure Quiritium. All'Usucapio was now the same,
properly extinguished by a'Remancipatio.  If the and its general definition became " adjectio doServitus was extinguished by mere agreement, minii per continuationem possessionis temporis lege
there must be a usureceptio on the part of the definiti."  (Dig. 41. tit. 3. s. 2, De Usurpationibis
owner, of the servient tenement in order to com- et Usucapionizes.)  -By a constitution of Justinian
plete itsdlegal release from the Servitus.  In order (Inst. 2. tit. 6, De Uisucapionibus et longi temporis
that the possession of the libertas of the servient possessionibus) it was enacted that there might be
land might.be enjoyed uninterruptedly for two  usucapion of Res Mobiles in three years, and of
years, there must be for the same time a total ab- Res Immdbiles "per longi temporis possessionem,"
stinence from all exercise of'the right on the part which'is explained to be ten years " inter praeof him who had the servitus.  Subsequently, it sentes;" and twenty years "inter absentes;" and
was considered sufficient if the person entitled to this applied to the whole Roman Empire, so that
the Servitns did not exercise his right for two  ownership of all things could be acquired on these
years.                                          terms within the whole Roman empire; but the
When usucapio was established as a means of conditions of " justus titulus, " bona fides," and
giving the Quiritarian ownership to him who had the capability of the thing to be an object of usuacquired a thing In bonis, the form of mancipatio  capion were still required. The absence of a justus
must have gradually Iost its-importance, and Usu- titulus or the fact of the thing being not capable
caplo came to be viewed as a mode of acquisition. of usucapion, did not deprive the possessor )f the'Accordingly, it has been already observed, it be- title by usucapion, but a rossession of thiry, or




TISUSFRU CT US.                                  USUSFRUCTUS.                 1221
in some cases, forty years was required.  From  was bound to cultivate it properly. As to quarries
this time the terms Usucapio and Longi temporis and mines, he could work them for his benefit, if he
praescriptio, were used indifferently, as some writers  worked them properly (quasi Boszus paterfamilias).
suppose, though on this point there is not uniformity  If after the bequest of the ususfructus, minerals
of opinion.                                      were found on the land, he could work them. He
(Engelbach, Ueber die Usccspion zur zeit der  could be compelled to plant new trees in the place
Zwilf Tafeln, Marburg  1828; Miihlenbruch, of those which died, and generally to keep the land
Doctrin. Pandect. ~ 261, &c.; Ueber die Usucapio, in good condition. If the ususfructus was of aedes,
pro kerede von Arndts, Rhein. Mus. fUr Juesspru- the fructuarius was intitled to all the rents and
denz, vol. ii. p. 125; Puchta, Inst. ii. ~ 239.) [G. L.]  profits which he received during the time of his
USURAE.  [FENUS, p. 526, b.]                   enjoyment.  He could be compelled to keep a
USURPA'TIO.  One sense of this word is house in repair, but it seems to be doubtful how
"Usucapionis interruptio," (Dig. 41. tit. 3. s. 2.) far he was bound to rebuild the house if it fell
Appius Claudius, not the Decemvir, but he who  down from decay: at any rate he was liable for all
made the Appia Via and brought the Aqua Claudia  moderate and reasonable expenses which were neto Rome, wrote a book De Usurpationibus, which  cessary for the maintenance of the property.
was not extant in the time of Pomponius. (Dig. 1.    The Fructuarius could not alienate the right to
tit. 2. s. 36.)  In some cases " usurpatio " means  the ususfructus, though he might give to another
the preservation of a right by the exercise of it, as the usus of his right; and he might surrender the
" jus usurpatum," in the case of a Servitus aquae  right to the Ususfructus to the owner of the thing.
ducendae; and this nearly agrees with that sense  He could not subject the thing to servitutes; nor
of Usurpare which is equivalent to Uti. [Usu-  could the owner do this even with the consent of
CAPIO.]  As to the passage in Gellius, iii. 2, see the fructuarius.  The Fructuarius could make such
Savigny, System, &c. iv. 365.        [G. L.]    changes or alterations in the thing as would imUSUS.  [MATRIMONIUM, p. 741.]                 prove it, but not such as would in any way deteUSUS.  [USUSFaRTCTUS.]                        riorate the thing, or even render the maintenance
USUSFRUCTUS and USUS were Personal of it a greater burden.  Consequently he had
Servitutes. [SERVITUTES.] (Dig. 8. tit. 1. s. 1.)  greater power over cultivated land than over houses
Ususfructus is defined to be "jus alienis rebus  or pleasure-grounds, for a part of the value of
utendi fruendi salva rerum  substantia." (Dig. 7. houses or pleasure-grounds and things of the like
tit. 1. s. 1.) Accordingly Ususfructus comprehended  kind consists in opinion, and must be measured by
the " jus utendi " and the " jus fruendi."'  Usus  the rank, wealth, and peculiar disposition of the
comprehended only the "jus utendi."  The com-  owner.
plete distinction between Ususfructus and Usus    The fructuarius could maintain or defend his
will only appear from a statement of what each is. rights by action and by interdicts.  On the comA ususfructus was the right to the enjoyment of pletion of the time of the Ususfructus, the thing
the fruits of a thing by one person, while the  was to be restored to the owner, who could geneownership (proprietas) belonged to another.  It rally require securities from the fructuarius both
could be established by Testamrent, which was the  for the proper use of the thing and for its restoracommon case, as when the Heres was required to  tion in due time.  This security was in some cases
give to another the ususfructus of a thing; and it dispensed with by positive enactments, and in
could also be established by contract between the  other cases by agreement; but it could not be disowner of a thing and him who contracted for the  penseda with by testament.
Ususfructus.  He who had the Usnsfructus was    Origilally there could be no Ususfructus in
lJsusfructuarius or Fructuarius, and the object of things unless they were things corporeal and such
the Ususfructus was Res Fructuaria.  The utmost as could be restored entire, when the time of
limit of Ususfructus and Usus was the life of the  Ususfructus had' expired.  But by a Senatlsconperson who had the right.  Thus the Ususfructus  sultum  of uncertain date, there might be quasi
and Usus were generally life estates; but not more. ususfructus of things which were consumed in the
(Dig. 45. tit. 1. s. 38. ~ 12.)                  use, and in this case the fructuarius in fact became
There might be Ususfructus both in Praedia  the owner of the things, but was bound to give
Rustica and Urbana, in slaves, beasts of burden  security that he would either restore as much in
and other things; and a Ususfructus of a whole  quantity and value as he had received, or the value
property (omnium bonorum) might be given; or of the things in money. (Dig. 7. tit. 5. s. 7; and
of some aliquot part. (Dig. 32. tit. 2. s. 37, 43.)    compare Randall v. Russell, 3 Mer. 190.)  It is
If the Ususfructus of a thing was bequeathed to  generally supposed that this Senatusconsultum -was
a person, all the " fructus " or the thing belonged  passed in the time of Augustus, and a passage of
to the Fructuarius during the time of his enjoy- Cicero (Top. 3) is alleged to show that it did not
ment.  Consequently if the Ususfructus of a piece  exist in the time of Cicero: " Non debet ea mulier,
of land was given to him, he was intitled to collect eui vir bonorum suorum usumfructum legavit, cellis
and have for his own all the fructus that were al- vinariis et oleariis plenis relictis, putare id ad se
ready on the land, and all that were produced on  pertiIlere.  Usus enim non abusus legatur."  The
it during the time of his enjoyment.  But as he  only difficulty is in the words " id ad se pertinere,"
only acquired the ownership of the fructus by col- which are usually translated "these things, (the
lecting them  (perceptio), he was not intitled to  cellae vinariae, &c.) are not objects of Ususfructus,"
fructus, which existed on the land at the time  from which it is inferred that there was at that
when his right ended, and which he had not col- time no Ususfructus in things which were conlected: quidquid in funimo nascitur, vel quidquid  sumed in the Use.  But if this is the sense, the
inde percipitur, ad fructuarium pertinet. (Dig. 7. words which follow, " for the usus, not the abusus
tit. 1. s. 59.  -~; tit. 4. s. i13.)           (power to consume) is the object of the legacy,"
He was bound not to injure the land, and he  have no clear meaning.  These words simply sig403




1222         USUSFRUCTUS.                                       XENELASIA.
nify that a Usus is given, not an Abusus; but    (Inst. 2. tit. 4; Dig. 7. tit. 1, &c.; Frag. Vat.
this does not prove that an abusus could not be de Uszfructesz; Miihlenbruch, Doct. Pandect. ~ 284,
given. Puchta shows that the phrase " res pertinet &c.; Ueber das alter des Quasiusussfs'/ctus, Von
ad usufructuarium," which exactly corresponds to  Puchta, Rhein. Museum  iisr Jurisprudenz. vol. iii.
the phrase in Cicero, does not mean "that the  p. 82.)                                [G. L.]
thing is an object of ususfructus," but that " it be-    UTlERINI.  [COGNIATI.]
longs to the fructuarius."  In the Digest (7. tit. 1.    UTI POSSIDE'TIS.  [INTERDICTUM.]
s. 68) the question is, whether the young child of    UTILIS ACTIO.  [AcTIo, p. 10, a.]
a female slave belongs to the fructuarius (an partus    UTRES.  [VINUM, P. 1203, b.]
ad fructuarium  pertineat), and it is answered in    UTRICULA'RIUS.  [TIaIA.]
the negative, with the following explanation: "nec    UTRUBI.  [INTERDICTUM.] 4
usumfructum in eo fructuarius habebit."  The pas-    VULCANAILIA, a festival celebrated at Rome
sage of Cicero therefore will mean, that wine and  in honour of Vulcan, on the 23d of August (x.
oil in the testator's possession are not given to her Calend. Sept.) with games in the circus Flaminius,
by a bequest of the ususfructus of his property, where the god had a temple. (Inscript. ap. Gruter.
for it is usus, that is, the enjoyment of the future lxi. 3, cxxxiv.; Publ. Vict. de regionib. nrb. Rofruits, which is given, and not "abusus " or the   acse,.9.)  The sacrifice on this occasion consisted
power to consume fruits which already exist.  In  of fishes which the people threw into the fire.
other words the testator gives the woman a Usus- (Varro, de Ling. Lat. vi. 20.)  It was also cusfructus in all his property, that is a right to gather tomary on this day to commence working by candlethe fruits, but he does not give the wine and oil, light, which was probably considered as an auspiwhich are fruits already gathered, to the woman  cious beginning of the use of fire, as the day was
to be her property as if she had gathered them  sacred to the god of this element.  (Plin. Epist.
during her Ususfructus.  Puchta contends that iii. 5.)  It was on the day of this festival that the
"abusus" does not necessarily signify that there  consul Q. Fulvius Nobilior received a severe decould be "abusus" only in the case of things feat from the Celtiberians, B. c. 153.  It became
"' quae usu consumuntur: " he says that in the  an ater dies in consequence.  (Appian, Hisp.
place of wine and oil Cicero might have given the  45.)                                [L. S.]
young of animals, as an example without altering    VULGA'RES.  [SERvvs, p. 1041,b.]
his expression.  If this interpretation is correct,    UXOR.  [MATRIMONITJM, p. 740, b.]
Puchta contends that the Senatusconsultum  as    UXO'RIUM.  [AES  UxoRIUM.]
to Quasi ususfructus is older than the time of
Cicero.
Usus is defined (Dig. 7. tit. 8. s. 2) by the                        X.
negation of "frui:" " cui usus relictus est, uti
potest, frui vero non potest."  The title of the    XENA'GI (tEvayol).  The Spartans, as being
Digest above referred. to is "De Usu et habitatione,"  the head of that Peloponnesian and Dorian league,
and the instances given under that title mainly  which was formed to secure the independence of the
refer to the use of a house or part of a house. Ac- Greek states, had the sole command of the concordingly the usus of a house might be bequeathed  federate troops in time of war, ordered the quotas
without the fructus (Dig. 7. tit. 8. s. 18): it has which each state was to furnish, and appointed
been already explained what is the extent of the  officers of their own to command them.  Such
meaning of Ususfructus of a house.  The usus of officers were called sva-yof.  The generals whom
a thing implies the power of using it either for ne- the allies sent with their troops were subordinate
cessary purposes or purposes of pleasure. The man  to these Spartan,'vaTyoi, though they attended the
-who was intitled to the usus could not give the thing  council of war, as representatives of their respecto another to use, though a man who had the usus  tive countries.  (Thucyd. ii. 7, 10, 75, v. 54;
of a house could allow another to lodge with him. Xenoph. HIell. iii. 5. ~ 7, Agesil. ii. 10.)  After
A man who had the usus of an estate could take  the peace of Antalcidas, the league was still more
wood for daily use, and could enjoy the orchard, firmly established, though Argos refused to join
the fruit, flowers and water, provided he used them  it; and the Spartans were rigorous in exactilng the
in moderation, or as it is expressed "non usque ad  required military service, demanding levies by the
compendium, sed ad usum  scilicet non abusum."  ocvriAdx, and sending out esva'yof to collect thenl.
If the usus of cattle (pecuzs) was left, the usuarius (Xeinoph. Hell. v. 2. ~~ 7, 37, vi. 3. ~ 7; Wachswas intitled to a moderate allowance of milk.  If muth, t[ell. Altertlh. vol. i. pt. ii. pp. 114, 241, 1st
the usus of a herd of oxen was bequeathed to a ed.; Schbbmann, Ant.jr..Pub. Gr. p. 426.) [C.R.K.]
man, he could use the oxen for ploughing and for    XENELA'SIA  (evXAlhacia).  The  Lacedaeall purposes for which oxen are adapted.  If the  monians appear in very early times, before the
usus was of things which were consumed in the  legislation of Lycurgus, to have been averse t,) inuse, then the usus was the same as Ususfructus. tercourse  with  foreigners (e'oleo- &'rpdosaivcroi
(Dig. 7. tit. 5. s. 5. ~ 2; s. 10. ~ 1.) Usus was in  Herod. i. 65). This disposition was encouraged
its nature indivisible, and accordingly part of a by thelawgiver, who made an ordinance forbidding
Usus could not be given as a legacy, though per- strangers to reside at Sparta, without special persons might have the fructus of a thing in common. mission, and empowering the magistrate to expel
(Dig. 7. tit. 8. s. 19.)  As to his duties the usa- from the city any stranger who misconducted himarius was in most respects like the fructuarius. In  self, or set an example injurious to public morals.
some cases Usus is equivalent to Ususfructus, as Such jurisdiction was exercised by the Ephori.
where there can be no usus of a thing without a  Thucydides (ii. 39) makes Pericles reproach the
taking of the Fructus.  As to Usus in the English. Lacedaemonians with this practice, as if its object
system, see Slanning v. Style, 3 P. Wms. p. 335, were to prevent foreigners from becoming acquainted
and Hyde v. Parratt, 1 P. Wms. p. 1.             with such institutions and means of defence as would




XENIAS GRAPHE.                                           XESTES.                  1223
be dangerous for an enemy to know. The intention  register, and expunge the names of those who had
of Lycurgus, more probably, was to preserve the  been improperly admitted.  From  their decision
national character of his countrymen, and prevent there was an appeal to a court of justice, upon
their being corrupted by foreign manners and vices  which the question to be tried was much the same
(as Xenophon says), 0TrwT Ip Faltovpyias oL iroeXai as in the ypaq4E (Seras, and the appellant, if he
WMrb oV', (,E'VoV EL7r'7r(XvTrao. (De Rep. Laced. xiv. obtained a verdict, was restored to the register;
4; compare Pint. Lycur.g. 27.)  With the same  but if judgment was given against him, was sold
view the Spartans were themselves forbidden to  for a slave. [DEMus.] (Harpocr. s. v. AtaIl.(tpLs:
go abroad without leave of the magistrate.  Both  Schbmann, de CJomit. p. 381.)  For an example of
these rules, as well as the feelings of the people  this see the speech of Demosthenes against Euon the subject, were much relaxed in later times  bulides.                             [C. R. K.]
when foreign rule and supremacy became the ob-    XENI (QeVoL), mercenaries.  [MERCENARI.         ]
Sect of Spartan amb_.on.  Even at an earlier    XENUS, XENIA-  (E',os,  evyLa).  [hIosPIperiod we find that the Spartans knew how to ob- TIVUM.]
serve the laws of hospitality upon fit and proper    XESTES (tnerhs), a Greekmeasure of capacity,
occasions, such as public festivals, the reception  both fluid and solid, which contained 12 cyathi or
of aml)assadors, &c.  (Xenoph. l1lenm. i. 2. ~ 61.)  2 cotylae, and was equal to 1-6th of the Xoxs,
They worshipped a Zeus (s'vros and'AMavca (esla. 1-48th of the Roman amphora queadrantl, and
(Pausan. iii. 1. ~ 11].)  The connection, called  1-72nd of the Attic amphora metrletes; or, viewing
by the Greeks 7rpo5eeL'a, was cultivated at Sparta  it as a dry measure, it was half the c7Loenixa and
both by the state and by individuals; of which  1-96th of the sedimznus.  It contained very nearly
their connection with the Peisistratidae is an ex- a pint English.
ample; and also that of a Spartan family with    It is thought desirable to add here a few words
the family of Alcibiades.  (Thucyd. v. 43, vi. 89, to the remarks made under MENSURA, PONDERA,
viii. 6; Herod. v. 91; compare vi. 57.)  [HI-losP - and Q[TADRANTAL, respecting the connection beI'usr.] A. Many illustrious men are reported to  tween the Greek and Roman measures of weight
have resided at Sparta with honour, as Terpander, and capacity, according to the views of Btickh.
Theognis, and others. (Schbmann, Ant. ju'. Pub.    At this point the Roman and Attic systems of
Gr. p. 142.)  Xenophon was highly esteemed by  measures coincide; for, though the co'EOws may
the nation, and made Spartan  Wrp4devOS.  (See  perhaps have varied in different states of Greece,
further on the subject of the (eMrXaarfa, Thucyd. i. there is no doubt that the Attic ~(e'wr-s was iden144. with Goeller's notes; Aristoph. Aves, 1013; tical, both in name and in value, with the Roman
Harpocr. s. v. Kal  ydp'rb,nvoa,.)  [C. R. K.]  sextarius: in fact the word (Ea-rT/s seems to be
XEI'NIAS GRAPHE  ((Efvas yp9paq).  This  only an Hellenic form of sextarius.  Also the Attic
vwas a prosecution at Athens for unlawfully usurping  Xo6s  was equal to the Roman congisns, for the
the rights of citizenship.  As no man could be an  Ica'ETs was the sixth of the former, and the sexAthenian  citizen, except by  birth or creation  tarins the sixth of the latter.  Further, the Attic
(-yvet or,rorte(oe), if one, having  neither of those  metretes or amsph/ora contained 12 Xoes, and the Rotitles, assumed to act as a citizen, either by taking  man amlphora  contained 8 conryii; giving for the
part in the popular assembly, or by serving any  ratio of the former to the latter 3: 2 or 1: 1.
cffice, judicial or magisterial, or by attending cer-  Again, the Attic medimnus was the double of the
til festivals, or doing  any other act which none  Roman amphora, and was to the metretes in the
but a citizen was privileged to do, he was liable to  ratio of 4: 3: and the Roman modies was the
a?      Epaq7 (EYeas, which any citizen might institute  sixth of the Attic medismus, and the third of the
against him.  (Demosth. c. Tinsoel/. 1204.)  Or  Romanl sa1pho0ra.  Hence the two systems are
he might be proceeded against by eoa'yytyeMa. connected by the numbers 2 and 3 and their
(Schmsann, de Consit. p. 187.)  If condemned, multiples.
his property and person were forfeited to the state,    How and when did this relation arise? It canand lie was forthwith to be sold for a slave. (De- not be accidental, nor can we suppose that the
mosth. Epist. i. 1481.)  The judgment however  Greek system  was modelled  upon the Roman,
w.as arrested, if he brought a 8ict7  eV;roIlapTrvpsov  since the former existed long before the Roman
against the witnesses who had procured his convic-  conquest of Greece.  We must therefore suppose
tion, and convicted them of giving false testimony. that the Roman system  was in some way adapted
During such proceeding he was kept in safe custody  to the Greek.  It is a remarkable circumstance
to abid the event. [MARTYRIA.] When a person  that the uncial system of division, which charactertried on this charge was acquitted by means of ised the Roman weights and measures [As; UN,fraudulent collusion with the prosecutor or wit-  cIA], is not found in the genuine Roman measures
nesses, or by any species of bribery, he was liable  of capacity (for the use of the cyat/ths as: the  sncias
to be indicted afresh by a ypae)i; moposeYLas, the  of the sextaeius appears to have originated with
proceedings in which, and the penalty, were the  the Greek physicians in later times): and this is
same as in the ypadb7i (sofas.  The jurisdiction in  the more remarkable, as it is adopted in the Greek
these matters belonged, in the time of Demosthenes, system; the Greek asmph7ora being divided into 12
to the Thesmothetae, but anciently, at least in the  Xo6s, and the Roman into 8 congii, instead of 12.
time of Lysias, to the Nautodicae.  (Harpocr. s. v. In the Roman foot again, besides the uncial divi.
APepoeEita, Ilapar'Ta'Sse, Navrobscal; Hesych. and  sion, we have the division into 4 palnmi and 16
Suidas, s. v.,eofas firar, NaverolKrat; Pollux, viii. digiti, which seems clearly to have been borrowed
40. 126; Meier, Alt. Proc. pp. 83, 347, 761.)     from the Greek division into 4 7rahaeri'al and 16
In order to prevent fraudulent enrolment in the  odc1rvxo'o.  It seems therefore highly probable that
register of the 3iot,s, or 7,LtapXK&cv  YpaEftreaTEcoV, the Greek system  of measures had a considerable
-which was important evidence of citizenship, the  influence on that of the Romans.
otSratL themselves were at liberty to revise their    To find the origin of this connection, we must
44




1224              ZETETAE.                                           ZONA.
look from  the measures to the weights, for both  On one particular occasion a set of commissioners
systems were undoubtedly founded  on weight.  called ovAXoey7s, were appointed, to discover the
The Roman amphora or quadrantal contained 80  property of the oligarchs, who were concerned in
pounds (whether of wine or water does not matter  overturning the democracy.  (Harpocr. s. v. Z7rhere), and the congius 10 pounds.  Also the Attic  His: Bickh, Publ. Econ. of Athtens, p. 158, 2d
talent was reckoned equal to 80 Roman pounds, ed.; Meier, Att. Proc. pp. 110, 112, 566.)  See
and contained 60 minae.  Therefore the Attic  also the speeches of Lysias de Publ. Bon. and de
mina had to the Roman pound the ratio of 80: 60  Aristoplh. Bon.                    [C. R. K.]
or 4: 3.                                          ZEUGI'TAE (evyZTraL),  [CENSUS.]
Now if we look at the subject historically, we    ZONA, dim. ZO'NULA, also called CI'NGUfind all the principal features of the Roman system   LUM  (SCAVE, &/Aa,  cwo-r'p, Herod. i. 215, iv.
in existence as early as the time of Servius Tullius. 9; Iltirpa), a girdle or zone, worn about the loins
We must therefore seek for the introduction of by both sexes.  As in the case of some other artithe Greek element before that time. At that early  cles of dress, the distinction between the male and
period Athens does not appear to have had any  female girdle was denoted by the use of a diminuconsiderable commercial intercourse with Italy, tive, CoAv- or Cworr`p being more properly a man's,
but other Grecian states had, through the colonies  (1Cviov a woman's girdle. (Moeris Att. s. v.)  The
of Magna Graecia. The Phocaeans at a very early  finer kinds of girdles were made by netting,
period had a traffic with the Tyrrhenians, the  whence the manufacturer of them was called oswioAeginetans had a colony in Umbria, and Corinth  7rXl6coc.  (Th. Magister, p. 413, ed. Oudendorp;
and her colonies were in intercourse with the  Zonarius,)
people of Central Italy, besides the traces of Corin-    The chief use of this article of dress was to
thian influence upon Rome, which are preserved in  hold up the tunic (C6vvvuO0al, Callim. Dian. 12),
the legend of the Tarquinii.  It is therefore to the  which was more especially requisite to be done
Aeginetico-Corinthian system of weights and mea- when persons were at work, on a journey, or ensures that we must look for the origin of Grecian  gaged in hunting.  Hence we see the loins girded
influence on the Roman system.  Now the half of in the woodcuts of the boatman at p. 512, of the
the Aeginetan mina had to the Roman pound the  shipbuilders at pp. 98, 141, of the goat-herd at
ratio of 10: 9; and since the Aeginetan mina was  p. 886, of the hunters at p. 989, and of Diana at p.
to the Attic as 5: 3, we get from the comparison  276.  The (ci&q or iicoT7p is also represented in
of these ratios the Attic mina to the Roman pound  many arnient statues and pictures of men in armour
as 4: 3, as above.                               as worn round the cuirass.  Among the Romans
(Bbckh, Metrologische  Untersuchlungen, xi. ~  the Magister Equitum wore a girdle of red leather,
10.)                                  [P. S.]    embroidered with needlework, and having its two
XYSTARCHUS.  [GYMNASIUM, p. 581, b.]  extremities joined by a very splendid and elaborate
XYSTUS.  [GYMNASIUM, p. 580, b.; HoR- gold buckle. [FIBULA.] (Lydus, de Mag. ii. 13.)
TUS.]                                            The girdle, mentioned by Homer (II. iv. 135, v.
539, x. 77, xi. 236), seems to have been a constituent part of the cuirass, serving to fasten it by
Z.                        means of a buckle, and also affording an additional
protection to the body, and having a short kind of
ZACORI  (cbcopoi). [AEDITUI.]                  petticoat attached to it, as is shown in the figure
ZETE'TAE ((/'T77Tai ) Inquisitors, were extra-  of the Greek warrior in p. 712.  In consequence
ordinary officers, appointed by the Athenians to  of the use of the girdle in fastening on the armour,
discover the authors of some crime against the'vYvvuoOaL or cieraoOat meant to armn one's-sel/
state, and bring them to justice.  Public advocates, (Hom. II. xi. 15), and from  this circumstance
rvvhyiopoi or icar7-yopot, were sometimes directed  Athene was worshipped under the character Zoto assist them in this duty.  Frequently the court arrnpia.  (Paus. ix. 17. ~ 2.)  The woodcuts at
of Areopagus performed the office of inquisitors for pp. 712, 854 show that the ancient cuirass did not
the state, and indeed it was the duty of every ma-  descend low enough to secure that part of the
gistrate to assist in procuring information against body, which was covered by the ornamental kilt
offenders.  (Andoc. de l;iyst. 3, 5, 6; Dinarch. c. or petticoat.  To supply this defect was the deDemost/h. pp. 90, 97, ed. Steph.) Z7OrTrTaiwere more  sign of the  itrea (id'rpa), a brazen belt lined profrequently appointed to search for confiscated pro- bably on the inside with leather and stuffed with
perty, the goods of condemned criminals and state  wool, which was worn next to the body (Hornm.
debtors; to receive and give information against II. iv. 137, 187, v. 707, 857; Schol. in II. iv.
any persons who concealed, or assisted in conceal-  187), so as to cover the lower part of the abdoing them, and to deliver an inventory of all such  men.  The annexed woodcut shows the outside
goods (a&ro-ypdciqlv) to the proper authorities.  The  and inside of the bronze plate of a mitra, one
delinquent was then prosecuted, either before the  foot long, which was obtained  by  Brindsted
odrsaicoI, or it might be before the (iTIOrTai them-  (Bronzes of Siris, p. 42) in the island of Euboea,
selves, if their commission extended to the holding  and is now preserved in the Royal Library at
of an iiyeylova  tacao-rmpiou.  Any person, how-  Paris.  We observe at one end two holes for fast.
ever, who thought himself entitled to the goods, ening the strap which went behind the body,
which were the subject of such information, or to  and at the other end a hook fitted probably to a
any part of them, might prefer a complaint against ring, which was attached to the strap. A portion
the inquisitor or informer, and petition to have the  of a similar bronze plate is engraved by Caylus
goods or the part to which he was entitled, or their  (Rec. d'Ant. v. pl. 96. fig. 1).
proceeds, restored to him. This proceeding was    Men used their girdles to hold money instead
called'erVriLc'mr7upsa.  [SYNDICI;  PARACATA- of a purse.  (Plaut. Mere. v. 2. 84; Gellius, xv
BOLE.]  Inquisitors were also called MaszTipes.  12; Sueton. Fitell. 16.)  The wallet [PERa] was




ZONA.                                        ZOPHORUS.                 1225
(see the annexed woodcut) shows the appearance
________________                   of the girdle as worn by young women.
0'oo           o ~                                  i~
fastened to the girdle; and still more frequently               \'
the fold of the tunic, formed by tucking it up,
and called sinus, was used as a pocket to carry
whatever was necessary.
As the girdle was worn to hold up the garments for the sake of business or of work requiring
despatch, so it was loosened and the tunic was
allowed to fall down to the feet to indicate the
opposite condition, and more especially in preparing    A  horse's girth, used to fasten on the saddle
to perform a sacrifice (veste recincta, Virg. Aen. iv. [EPHIPPIUm], was called by the same names, and
518; Ovid,,let. vii. 182), or funeral rites (discincti, was sometimes made of rich materials, and emSueton. Aug. 100; incinctae, Tibull. iii. 2. 18).  broidered in the most elaborate manner.  (Ovid.
A girdle was worn by young women, even when  Rein. Am. 236; Claud. Epig. 34, 36.)  These
their tunic was not girt up, and removed on the  terms, zona and cingulum, were also used to sigday of marriage, and therefore called ci&ve  rap8e- nify the five zones as understood by geographers
vzKlc. (Jacobs, Anthol. ii. p. 873; -rapE'vov& uLrprT', and astronomers. (Virg. Georg. i. 233; Plin. H..~o
Brunck, An.4al. iii. 299; Sen. Oed. ii. 3. 17; Hon. ii. 68; Macrob, Som. Scip. ii.)  [J. Y.]
Od. v. 231; Longus, i. 2; Ovid. Epist. Her. ii.    ZO'PHORUS (Cwoo'pos or 8eLtdCia), the frieze
116, ix. 66, Festus, s. v. C0ingulumn; Catull. ii. 13, of an entablature.  (See COIvUMNA, p. 324, a, and
lxiv. 28.)  The Flora in the museum at Naples  the woodcuts.)                         [P. S.]
TABLES OF GREEK AND ROMAN MEASURES, WEIGHTS, AND MONEY.
TABLE
I. Greek Measures of Length.                  In the construction of these Tables, the same
(1) Smaller Measures.                  authorities have been used as those referred to in
II. Roman Measures of Length.                the articles in the body of the work.  Particu(1) Smaller Measures.                 lar acknowledgment is due of the assistance which
III. Greek Measures of Length.                has been derived from the Tables of Hussey and
(2) Land and Itinerary.                Wurm. The last two Tables (of Greek and Roman
IV. Roman Measures of Length.                 money) have been taken without alteration from
(2) Land and Itinerary.                Mr. Hussey's, because they were thought incapable
V. Greek Measures of Surface.                of improvement, except one addition in the Table
VI. Roman Measures of Surface.                of Attic money.  All the calculations, however,
VII. Greek Measures of Capacity.               have been made de novo, even where the results
(1) Liquid Measures.                  are the same as in Mr. Hussey's Tables.
VIII. Roman Measures of Capacity.                 The Tables are so arranged as to exhibit the
(1) Liquid Measures.                   corresponding Greek and Roman measures in direct
IX. Greek Measures of Capacity.               comparison with each other.  In some of the Tables
(2) Dry Measures.                      the values are given, not only in our several meaX. Roman Measures of Capacity.               sures, but also in decimals of a primary unit, for
(2) Dry Measures.                     the purpose of facilitating calculations.  In others,
XI. Greek Weights.                            approximalte values are given, that is, values which
XII. Greek Money.                              differ from the true ones by some small fraction,
XIII. Roman Weights.                            and which, from their simplicity, will perhaps be
(1) The As and its Uncial Divisions.   found far more useful for ordinary purposes than
XIV. Roman Weights.                             the precise quantities, while the error, in each case,
(2) Subdivisions of the Uncia.         can easily be corrected.  Fuller information will
XV. Roman Money.  (1) Before Augustus.         be found under MENSURA, NuiMmus, PONDERA,
XVI. Romnnn Money.  (2) After Augustus.         and the specific names.               [P. S.



"TABLE L.
GRECIAN MEASURFES OF LENGTH.
I. SMALLER MEASURES.                                      Decimals ofa Foot.    Feet.          Inches.
AaSrv-oc.. -'                                      0632             7, 584375
2   KoYvXo~.... -'1264                                             1,,'516875
4    2   lIaXatuior, Aropov, Aoxp'/, or Aa~rvXooxpi        -                    -          -.'2528,           303375
8    4    2   AiXac, or'Htr6tLovt                                         -.             5056             6,,          60675
10   5   2)1    Atx6tf                                      -         -          -          6320,           7584375
11   51  2-  1       ~ o0'O0o V3,po o'.                                                   6952             8,,          83428125
12   6    3   1          1- I Y-LfZ-Oa]LU.                             7584            9,,          910125
16   8    4    2   15  1f- 1  IOZ.                            1.O   1/01125             1           0.135
18   9   4 1  2        121     1    i   IyI.....        1'13766             1           1"651875
20   10   5   21   2   19  12   1} 11-  llvyv                         - -        -        1'264               1           3'16875
24   12   6   3    2-2 -   2   11   11   1II HHXY                     -          -        15169               1           6.2025
72   36   18   9   7 -   6-   6   41   4   33   3    Xov4             -         -         45506               4           6'6075
96   48  24   12   9a  8xar  8    6   5.   44   4   1 -'OrrA'                    -        6'0675              6'          0'81




ROMAN MEASURES OF LENGTIT.
L, SMALLER  MEASURES.                                           Decimals of a Foot.      Feet.          Inches.
Digitus            -                            -           -                                         060675                              -7281
1    UNCIA* or Pollex        -                      -                                                0809                                 908
4    3  Palmus              -           -                                                           *2427        |  2 9124 
12    9    3   Palmus  lfajor (of late times)    -              -           -                         7281                              87372
16   12    4    11      1                                                  y - Et  9708                                                11 6496|
20   15,5   1,2-  14  Palmipes   -                                                               1- 2135              1              2562
24   18   6    2    1-   1    CUBITTus               -                                              1'4562               1              54744
(1) NOTES TO  TABLE I.
* Some make the 3oxiu  a —7rLOaci.                                                                                                                     M
f The accounts of these measures are various and somewhat confused.  (See Wurm, p. 91; Hussey, p. 235.)
$ A measure mentioned by some late writers, which, from its name, may be presumed to have been used for measuring timber.
N. B. - Approximate Values.  From the above Table, it will be seen that the Greek Foot, Cubit, and Orguia, only exceed the English Foot, Foot and a half,
and Fathom, by about 1-10th, 2-l0ths, and 8-lOths of an inch respectively.
(2) NOTES TO  TABLE II.
It is not thought necessary to give the xwhole scale of the Uncial divisions of the foot.  They can easily be calculated from the Uncia.
N. B. - Approximate Values.  The Roman Uncia, Pes, and Cubitus only fall short of our Inch, Foot, and Foot and a half, by less than 1-10th, 4-10ths, ani  
6-10ths of an inch respectively.




GRECIAN MEASURES OF LENGTH.
Q.........,  D W   o.. i...........eclmals ofa.
IU. LARGER MEASURES. -LAND AND ITINERARY.  Decimals of a  Miles. Feet. Inches.
Mile.
II0 oz.-                 -.. -0001915,  1 0135
1     HEy                                                            - -  -  -      -      - 000287,,        62025
22       1 2    Ba          -.      -....                                           ^      0004788             2 63375
6       4        2 2'OPTV'IA'    -..                001149.  6 0-81
10   1  6-        4        12    KaXacq oc, Axava, or AE:a'7rovG                          -001915,,    10 1-35
60       40       24       10        6    "Aptra                                    -. 01149,      60 81
100     66        40       16    I  10    1-  IX'Oov  -           -        -         -     0195               101 15
600      400      240      100      60    10   6  ITA'AION or ITA'AIO                -     - 1149,    606 9
-1200    800      480      200      120    20  12   2  AlavXo  -            -        -      -2298,,  1213 6
2400    1600  960  400     240    40  24   4   2'Iw7rruco-v                      - 4596,,  2427 |,,       f
4800  3200    1920         800      480    80  48   8   4   2  ROMAN MILE (pXtov)    *9193,,  4854
18,000                                                           2 12,000    7200    3000  1800   300 180  30  15  7- 33  lapcaCyy S  3 4474  3   2362 16
36,000   24,000   14,400    6000    3600   600 360  60  30  15  71 2    XoTvo  -    68948                 6   4735,,
360,000  240,00  144,000  60,000  36,000  60003600 600 300 150  75  20  10 DEGREE 689488 t                68  5110




ROMAN MEASURES OF LENGTH.
Decimals of a
II. LARGER MEASURES.-LAND  AND ITINERARY.                                          Mile.       Miles.  Feet.  Inches.
IPES                                  -          O                         _                    11 - 0001838,,,, 1116496
l1   |Cubitus.-.                       -          |       0002757,,        1   5'4744 |
21        1-    Gradus, or Pes Sestertius   -..                                                    0004596,,       2   5' 124      o
5                   2      PS3  2  SPASS                              -             -            0009193,,       4  10-248
10        6z-       4          2      Decempeda, or Perfica                    -         -        001838,,        9.8496 
120       80        48         24        12     Actus   (in length)             -         -       2206,,     116   5'952.
5000    3333k    2000         1000       500      41     ILLE PASSUUe           -          -'9193,,    4854,,
7500      5000      3000      1500       750      621    11   Gallic Leuga  -                     1379            1    2003 
375,000  250,000  150,000   75,000   37,500   3125    75            50   DEGREE              -    68'9488          68    5110,,
(1) NOTES TO TABLE III.
* In order to show the relations more clearly, the foreign measures most familiar to the Greeks are included in this Table.
t This is, of course, not the true number of English statute miles contained in a degree of a great circle of the earth, but the number computed from the data
exhibited in the Table, some of which are only approximate; namely, 1 Degree=75 Roman miles=600 Greek Stadia, and 1 Greek foot =12135 inches.  The
true value of a degree in English miles is 69= 69'0196, and the difference is only about 7-100ths of a mile.
(2) NOTES TO  TABLE IV.
See AcTus and MENSURA.                t See Note to Table III.
N. B. - The Roman mile only differs from the English by less than 1-10th 




TA 3 L    V.
GRECIAN MIEASURES OF SURFACE.
ORDINARY LAND MEASURES.                                             Square Feet.      Perches.   Square Feet.
I0 IO    (Square Foot)   -        -                     -                                           1'0226                     | 1 0226 
36'ELao.c... |                                  36'81456,,        36'81456 |
100    27-  "Arcava (Square of the:ccXaatoc)..                 102a26266,,       102'26266       t
33  23 4    8-    Hpu,:e  e    -                       *          -         *          -  852'1888                  3         35'439
1666 2  46 -    162      2    "EKrocs                                        -.                1704'3776            6        70'877      |
2500   694    25         3      1:   "Apovpa                      -               -            2556.5664            9        106-318
1 0,000  2777   100|     12      6       4       A'PON             -                    -    10,2262656             37        153,02 
% This differs from a rood, or a quarter of an acre, by little more than 2 perches; for the rood contains 40 perches.
N. B. - It is worth while to notice how the decimal and duodecimal systems are combined in the above scale, and also in the measures of length.




T:B Z,3LE  V:
ROMAN MEASURES OF SURFACE.
ORDINARY LAND MEASURES.: Square Feet.    Acres. Roods. Perches. Square Feet.
PES QUADRATUS           -94245,9445
100     Scrupulum, or Decempeda Quadrata *         -                                94'245,,,,,         94'245 
480        4i    ACTUS SIMPLEX           -.                                        452'377,,,      1    80127 
2400       24        5     UNCIA t                                         ||      2261'89,,,,       8     83'885
3600       36        71      1g  I[Clima -         -                              339283,,,    12    125i83
14,400     144       30       6      4    ACTUS QUADRATUS Q-                     13,571'318,,    1      9   231-07        Z
28,800     288       60       12     8      2    JUGERUT7    -.  27,142-636,,    2      19    189'89+  
57,600     576       120     24      16     4      2  |Heredium                  54,285'272        1   0      39    107o53~     c
5,760,000   57,600   12,000  2400  ~1600   400  200 100 Centuria    -.5,428,527'2             124   2      19    135'25.6
123,040,000    230,400  48,000   9600  6400  1600  800 400  4   Saltus          21,14,108-8        491    1    37   268'7511
* This was the square of the standard 10-foot measuring-rod.
t The As to which this Uncia and the above Scr.tpulum belong is the Jegerum. The other uncial divisions of the Jugerum may easily be calculated from the
Uncin. The Semissis is, of course, the Actus Quadratus.
+ i. e. almost 5-8ths of an acre.        ~ i. e almost an acre and a quarter.               i. e. almost 500 acres,




GRECIAN MilEASURES OF CAPACITY.
Approximate.*
I. ATTIC LIQUID MEASURES.                                             Gallons. Pints.  allon    Pints.
Gyallons.! Pints.
KoXXaL'PLOV...,,'008,,
2    Xfn        -........,,'016,, 
2-      1    MIrpov                                                    -          -                     -2 
5    2         2   Koyx.....,,'04,,.
10      5       4       2    KY'AOO2... -.,,'08,,   I x-       Q
II
15     7~-      6       3      1{'O1i, aqpov....                           -          -,,      12,, 1
30  15      12      6       3       2    Traprov..,,',, {- 
60     30      24      12       6       4       2    Kort'Xn, Tpv9X(ov, or'Htva            -          -             48
120     60      48      24      12      8       4       2,ZE'ITHI (Sextarius)                       -96,,             C1
720    360    288    144        72      48      24      12      6    XO           -                     -76 
ROMAN
5760   2880   2304   1152   576    384    192           96      48       8   AMPHORA (KepaqiovY)              5    6-08       6
_     _ _ _ _ _   AM(DOPEY2
8640   4320   3456   1728   864    576    288            44     72      12      12   METPHTH:            -     8    512        9' As the Sextarius differs from the English pint by only 1-25th part of the latter, it will be found useful, in ordinary rough calculations, to take it at exactly
a pint, and so with the other measures in this table. The results thus obtained may be corrected by subtracting from each of them its 1-25th part.
N. B. - The Aeginetan measures of capacity may be easily calculated from these, according to the ratio given under QUADRANTAL.




TABLE  VIII.
ROMAN MEASURES OF CAPACITY.
Approximate.*
I. LIQUID MEASURES.                                         Gallons. Pints. II-'
Gallons. Pints.
02,,   aT      ~
|Ligula                     -2                                                                                                    m  
4     CYATHUS t -,,     08    Y,,       -
|  6  1~   Acetabulum  -.'12,,                                    -
12        3   2    Quartarius, i. e. 14th of the Seltaois        -*24
24     6      4     2    Hemnina or Cotyla -                -         -             -,,     4S,,       2  |
48     12     8       4      2    SEXTARIU S, i. e. 1-6th of the Congitus  -96-                  -,,     1
288    72     48      24     12     6    CONGIS        -                        - -,,     76             6 
1152   288    192    96    48       2.4     4   Urna-                                          -    2    7 04      3  
2304     6   384    192    96       48       8     2    A5MPHOORA QUADRANTAL                     1  5    6608      6   |
46,080 11,520 7680  3840  1920   960    160    40          20   Culeus                              115     6 
~ See the Note to Table VII.
t According to the uncial division. the Sextarius was the As. and the Ciyathus the Unca,.




TABLE sX.
(GRECIAN iMEASURES OF CAPACITY.
Approximate.*
II. ATTIC DRY MEASURES.                                           Gallons.  Pints. HI
Gallons. Pints.  3.
Koxicaptovo-                     -,'                 -                       | *008,,        0 
o10    Y'Aoo                                                 |*..
|  ~15  1'o  ld -f   ~ v-,,ga8ov                                                                     12
60  |6         4    KOTY'AIH, or'I11ttv            -148   |c-|
120    12     8       2    ZE'ZTIZ1 (Sextarius)              -               -         -        |            *9               1     z
240    24      16      4       2   IXOiMNIZ          -         -                                 |           192,,      2t
960I! 96       64      16      8      4     IIpiCrOV           -                                             768        1      9      C., X O        INI~...,, 1.92,,
1920   192    128    32        16      8      2'"EKr-oc (equal to the Roman Modius)               1     7'36       2,,  |
11,5201 1152   768    192    96        48     12      6    ME'MIMN                                            4-16  11 12I
* See the Note to Table VII.                        t Or one quart.                      ~ Or one bushel and a half.
N. B. - Respecting the Aeginetan Measures, see the Note to Table VII.




ROMAN MEASURES OF CAPACITY.
_'-','''.'.               Approximate. *
II. DRY MEASURES.                                            Gallons.   Pints.  ~
|:.   Gallons.    Pints.,
Ligu             -                                                                            I,,    I   02,, 
4 |CYATHUSt              -.                           -                             8:: 
6      1'  Acetabulum              -                                                    -:.  -,,'12,,.
_: ~ _. j  9.  I     1: ~     1 1.      I.....
12  3,2    Quartarius, i. e. 1-4th of the Sextarius      -          -    -        |' 24  
_._:''                             ~,'''.. I  I
24      6      4       2    Hemina, or Cotyla... -|   48.   I 1
48     1.2      8      4       2    SEXTARIUS, i. e. 1-6th of the Congius,,        96,, 
384    96       64     32      16      8    Semimodius         -                             -,,       7'681 
768    192    128    64        32      16      2    MOD1S  -    -                   -             1       7'36        2:
See the Note to Table I'II               t See the Note to Table VIII.           +            Or a quarter of a bushel.




12m'} -             TABLES OF WEIGHTS AND MEASURES.
TABLE XI.
GRECIAN WEIGHTS.
1. Ratios of the three chief Systems.
Aeginetan: Euboic or old Attic              -          -       -       -::   6          5
Aeginetan: Solonian or later Attic*    -       -       -       -       -:         3
Euboic: Solonian       -       -.: 138f: 100
or:: 100:  72
or::  25:  18
The Aeginetan Talent  6000 Aeginetan Drachmae  - 7200 Euboic =  10,000 Solonian
Euboic,,   =  5000,,          -  6000.,   =    8333-,,
Solonian *,,     3600,,             4320,,          6000,,
* Also called the Attic Silver Talent.  When Attic weights are spoken of without any further distinction, these are generally intended..t     Ex'act.         Approximaite.
2. Aeginetan Weights.
lb.  oz.    grs.    lb.  oz.  grs.
Obol ('O ko'ds).,,,                        -, 18 4 72,,,,  20
6      Drachma (ApaX1')          -.,,,,  1 10 83-,,,,
600-|  1 —00-   Mina (Mva)            -'1    9  145'83-t,,,,
3:.000    6000        60   |.lent (TaXavrov)              I 95,,,,        100., 
* In this and the other tables the English weights uised are those of the avoirdupois scale as fixed
by stataute; namely, the grain = the Troy grain, the otilce = 437} grains, the pound = 16 ounces =
7000 grains.                                                      + Or - of an oz.
| Eirc(t        Appr7oxi7mate.
3. Euboic or Attic Commercial Weights.  l
lh. |o-       rs      lboz. grs.    lb.  o.  as.
-bnl   i.~,,  3~5~393S411,,,         lb_
Obol  -         -                                             "  i "    ISUK-139324 L,,,- 1i.:
Drachlma           -                                                92-361 l,,,')3931
60()      1()0    Mina      -                        -      1    5   48l.61      1,,,.'~6,000    6()000  I   60   | Talelnt  -                    79    2 291-63.        80,_
* See pp. 933, b., 934, a.  It is here assumed that the Attic commercial mina was exactly 1389
silver drachmae, not 138, as stated in the decree. The difference is not quite half a grain in the drachn.a.
elxact.         Appr-0oximatc.|
it. Attic Commercial Weights increased.*.  
lb.   oz.|  grs. l.  oz.   grs.
1 Miilna = 150 Dracllluae (silver)       -                          6    3 1    50  1 
S M1i1e = Me ae6 MIe (coniercil)                            |   7   14   29| 6     729 
_Talent =,5 Mi,,e (com,,,e;ci                 I-              -      I 845+      9  ||0 |**.
- See p. 934, a.
t Ilere, as in the preceding table, the commercial minia is taken as equal to 1 38a drachmae, not 138.
Ixa, ct.      l Approxaimate.
A. Attic Silver Weights. 
lb.  o.    gr.  lb.  o. grs.
Obol   -.,, 1  033,,,,   1 
6'   I Drachnt      -                                               11,, i 1 665,,*       70
600  - 100    Mila                                        a,15   87.5t          1.,,
36.000-6000           60'rat' 57                   (io'T'his value is, if any thing, too slnall.  Bick h imakes it 67'4.  Respecting other scales of weight,
see PONDErA.                                                   t Or k of an oz.




TABLE XXX.
GRECIAN MONEY.
I. ATTIC  COPPER  AND.SILVER.                                                          S.   d.    F ings.
Lepton (A'lr6),,,,,,              116
-7-  Chalchus (XaXeoic),,,,            125
14         2      Dichalcon, or Quarter Obol (AiXcaXi'ov) 1-.625.
- -28-     4          2      HIlalf Obol ('Hytog&,Sov)                                                                               3..,,  25
56         8          4        2    OBOL ('O9oXKc),,    1      2-5
I —112 I     16         8        4        2    Diobolus (At6eoXov)        3-           -                        I.                       -,,,
~~~168s   i   24    1. 1   3       I ~1~   Triobolus ('l'pe6oXov,)                                               4      3-5
29 4                     2   16 8       4       2       1.-   Tetrobolus (Terpd6oXo;o)          -           -,,,    6.
336        48         24       12       6       3       2      1-   DRAC-HMXAt (Apnax//j)                                      9     -
67         96         48       24      12       6       4      3    2 Didrachm (Ai-pXO,),,     1    7      2
____  Didradachlrn(    (a~ Tosp'~pr Fll)             i                
1344       192        96        48      24      12-   8         6    4    2   Tetradrachn  Teto,, 3    3 
33,600    4800        2400    1200   600    300    200   150  100  50   2 aJUNA (Myed)                       -      4. I 1    3
2,016,000 288,000  144,000 [72,000 36,000 18,000 12,000190006000 3000i1500  60  TAlrEN(T(Ta XaVroY)  243   1 
Respecting the sense in which sums of ancient money are said to be equivalent to certain sums of our money, see NuMaus, p. 815, a.' The Drachmina was very nearly equal to the French Franc.                          Or, approximately, 2501., the difference being only 1-40th.
Ii. Aeginetan and Euboic Silver. - The coins of these systems can be easily calculated from the Attic, according to the ratios given in Table X I. No. I..
As thus calculated, the Aeginetan Talent was equal to 4061. 5s., and the Euboic was equal to 3q81. 10s. 10d., and the Drachmae were equal respectively to
Is. 4~d. for the Aeginetan, and Is. 1-d. + 1 of a farthing for the Euboic.  Respecting the values of the coins actually found, see NuaiNus.
III. Grecian Gold. - The values of the Grecian gold money cannot be conveniently reduced to the tabular form; they will be found in the articles STATE.R
amd DAREICKS.




ROMAN WEIGHTS.
Avoirdupois Weighot.
I. THE  UNCIAL DIVISIONS OF THE POUND.
Decimals of a Pound.   -Oz.          Grs.
JUNCIA'                     -                  *060119,,          430'83* ~
II  Sescuncia, or Sescunx  -                                                           090178            1           20375
2   1}  Sextans                                                                       - -  -. -'.120238  1    404'16!  
3   2   1 l1  Quadlrans, or Teruncius                   -                            180357            2            1687500
4-  2   _2   1- Trlhiens            -          -.         -         -'240476            3          270'83 
5   3 /25      I2- _t  i cuix                                 -.'300595           4           354-16-   
6    3-  4     T [      Quine                                                                                        354 [
6   4 | 3    2   1       ~ 1  SE.rTs, or Semissis       -360714                                         5          337.5
7   41  31  21   1-  12  1'   Septunx.'420833           6           320'33 
5        2 2                            -480952
8   5 1 4   2-   2   15   11  1-1  Bes, or Bessis    -                                 480952           7            104-16.
9.  6   41   3   21-  14  1   11    1   Dodrans          -         -         _'541071            8           277'5 7.
10  67-  5s   3   -  2       s 1~   1r  1~ w 1- |Dextans'601190            9           270'83~
11  71   51  32-  2           1 2   1    1    127 1-I Deunx.             66_1309          10           260'83~
12   8    6    4    3   20-   2   1 7-  1         l     T  Asj or O1oIBRA    -'721428           I 1          237 5
T'his only differs from thle ounce avoirdiupois -by less than 7 g;rains.




ROMAN WEIGHTS.
II. SUBDIVISIONS OF THE UNCIA.                                                Grains.
Siliqua.. -               2'9224
3   Obolus.                                     - -1       8 67361 1
6     2    SCRUPULUM           -                                                                   |       17-53472
12     4|  2    Semisextula -                               -                                     -        350694
24     8      4      2    SEXTULA                 -         -.-     70-138
36    12      6      3     11  Sicilicus         -                                                        1052083
1/ 1-  I.... 11                                                                                     1.
48     16     8      4      2     11   Duella                                                            140'277             c
72    24      12     6      3      2            1}   Semuncia                                    -        120416
144    48    24      12     6      4      3      2   UNCIA..-..                               420.833
1728   576   288   144    72    48    36    24          12   As or LBRA        -        -
A__~~~~~~~~~~~~~~~~~~...




TAB I E XV.. 
ROMAN MONEY.
t. BEFORE THE REIGN OF AUGUSTUS: when the Denarius was 1-7th of an Ounce, or about 60 Grains.
1. Copper Coins.                                2. Silver Coins.                        S.  d. Farthings.
Sextula,,,,,,    35416  |.
11   Quadrans    -           -         -         -     Teruncius       --'                           53125    M
2!    - Triens -                                         -,,,,,,    7083  
3      2     1   Semissis -                              2    Sembella -          -        -                           1-,,,,,,  0625 
6      4      3      2    As          -         -        4      2    Libella               -                          2125      H
12     8      6      4       2    Dupondius    -..                          -                            25 
24     16     12      8      4 |  2    SESTERTIUS    16         8      4    SESTERTIUS    -           -          2       5
48     32     24     16      8      4      2   1         32     16     8       2    Quinarius         - m,, 4 |     1
96     64     48     32     16      8      4             24     32     16      4      2    DENARIUS -            8       2
3. Gold Coins.  AuRETJs * (value in proportion to Roman Silver)                                                17 8       2
(value in English current coin)      -         -         -         -         -   1        1     2
4. Mlfoney of Account (not a Coin).  SESTERTIUM, or Mille Nummi  -                                     - -8  171 1
* For the subdivisions of the gold money, see AURUM.




TABLE XVTI.
ROMAN MONEY.
II. AFTER THE REIGN OF AUGUSTUS: when the Denarius was 1-8th of an Ounce, or 52'5 Grains.        ~      S.    d.   Farthings.
Sextula       -         -         -                             -         -.,,,,,,'3125  |
1  Quadrans -           -..                  -,,,,,,      46875 |
2   1-  Triens.-                             -                                                       -,,,,,,    *625' 
3   2  Semissis.-                                   -,,,,'|9375  
6   4    3   2   As-                       -         -         -         -              -,,            870,
12   8   6   4   2   Dupondius              -         -         -         -,,,,,    375
24   16  12   8   4   2   SESTERTIU S   -.-  _,,,,     1    3'5
48  32  24   16   8   4   2   Quinarius, or Victoriatus    3-             -         -,,                3 3
96  64  48  32    16   8   4   2   DENARIUS                     -,,,,     7    2
AUREUS, reckoned at 25 Denarii -              -         -              -         -            15     7    2
reckoned in English Current Coin           -                   -         -            18     5    3'25
SESTERTIUM, or Mille Nummi  -            -         -         -         -                 7    16     3 




I N D E X.
The numerals indicate the pages, and the letters a and b the first and seconld columms respectively.
A.                 "AUvTov, 1105, a.                    AXacdpkx-s, 74, a.'AELva'aT, 22, a.'AAdCaaospov, 74, a.'Aeaid-ccos, 2, a.'AE1TLT'oL, 970, a.'AAh&Cacrrpos, 74, a.
Aga5, 1, a; 904, a.'AeipvUyfa, 129, a.                 "AXAae Jcvrat, 453, b.
vA-yaAla, 1060, a; 1062, b.'Aer5s, 149, b; 523, b.'AAai, 1003, b.'A~yaiLov?ypa-pi, 735, b.'Ae'rcTwa, 523, b.'Ahaaa, 74, a.'Ayaeoep-yoi, 28, b.'AOAvrlat', 166, b.'A;AaAoer'4vos, 224, a.'Ayyyapeia, 94, b.'AOT777pes, 166, b.'AXAaLa, 75. b.'A-yyapos, 94, b.'AOAoOe'at, 32, a; 856, a.'AA.ei7rat, 75, b.'A'yyoOfic,  633, b.             Aidfcea, 18, a.'AxeElrq'TpLov, 76, a; 190, a.'Ahye'AaoroL, 28, b.               AiyLaAh'ES, 1153, b.'Aj7rtS, 22, b.'A.yeAU'hTs, 28, b.                AI'YIKope;s, 1154, a.'AAia, 32, b.'Aye'Xj, 28, b.                   Ai7ylyvrTrV E'oppT, 20, a.'ANlvAVo'f, 583, a; 714, a.
"'Ayra, 29, a.                     AiyloXos, 20, b.'AAKaOoa, 74, b.'Awyr's, 242, a.-                  Alyts, 20, b.'Ahaayat, 729, b.'Ay7,pdpetoa,, 242, a.            A'yocepopws, 59, a; 151. b.         "AXAA7, or "AXAMt, 75, b.'AyfTOdpza, 242, a.               A'Oovoca, 73, b.                   "AAXga, 883, b.'A-yTrwp, 103, a.                  Alic[a, 100, a.                     "AAu7, 1004, a.'"A'ytoLva, 790, b.                 AiKlas ifKc7, 73, a.'AAoifas ypaop, 76, 1).'A-ytcv6A, 366, a; 5!8, b.        Ayvy'Lya, 22, a;. 1034, a.'AXoytovu ypapl, 76, b.
Ayietpa, 791, a.                   AlvYe's, 225, a.'A; Aosry)ov, 1003, b.'AY,'iTI7S, 513, b.                AYt, 149, a.'ANTrpes, 585, a.'A-yopd, 32, a.                    AlUvvy'r-77ss, 27, a, 32, a.'Auhvoirlov, 257, a.,,   ylvaaCEt'a, 35, a.         AiX'uI7, 587, a.'AXhvo'ov, 257, a.,,  7rAOovoa, 35, b; 304, a; AiXLoepupoL, 587, b.:   "Ahv:is, 257, a.
408, b.'AKcxLva,'AKaiLV?, 2, b.'A.Trac,/ 831, a.'Ayopav/xos, 18, a; 36, b.'AcuKavOlv jua'rTiX7l, 903, b.     AAhvTapX-is, 831, a.'Ay4pas'7rXOcp?7?, 35, b.'AKcTleuOS, 789, a.'AhApeo'egolat, 436, a.'Ayopao-rTy, 36, a.'AKaTciro,, 786, a.'AAha, 76, b.'Aypacpiov 7ypaq), 36, b.          VAtcaTos, 786, a,                   AAha, 76, b.
"AypafoL vO'/ot, 804, b.'Acdo'Gerov, 759, b.'AXcWrt, Or'AhAcWg 53, a.'Aypapov  eEa-dxhhov ypa(p~, 37, a. "AKieueov, 634, b.                "'AAxos 53, a,'Aypscivios, 224, a.'AKcol, lAapTvpe?-', 93, b.        "A. awa, 147, b; 585, b; 923, a.'A'yplcvia, 72, a.'AicovT-ri, 832, a.'A/La~4ro8es, 587, b; 923, a.'Aypo7ios, 892, a.'AOvY-TOs, 589, a.'A.uap6v0ia, 76, b.'Aypovdlot, 72, b; 623, b.'AKoVTLrnrz6s, 589, b.'A/lapt'o-a, 76, b.'AypoT'epas  uvaoa, 72, b.'AKcpa, 139, a.'A hAw0e7apioLoav, 2, b.'A-yutos, 226, a.'Aicpa'rtila, 304, a.'AugAc6h-ews ypacs5, 2, b.'A-yvptLs, 453, b.'AKpo0ivtov, 433, a.'AMYGA.ha, 2, a.'AWySprat, 73, a.'AcpoKeapatr, 789, b.'Aju~poo'a, 78, b.'A-yXylrefa, 594, a; 595, b.'AKpAheiov, 433, a.:      "A/yUa, 79, a.'AyZwvicpXal, 32, a.'AKp6AXOoL, 451, b; 1063, a.'Auvrorlrfa, 79, a.'A-ycves, 32 a; 402, b.'AKpo7rohAeL eie'ypa4ievose, ev,'A/4ppyqJ, 825, b.,,  &aTL/o0, 1131, b.             37, a.'Ajv7reX6v77, 79, a.',,      roL7T1o, 399, b; 1131, b.'Acpd7roAts, 6, b; 1175, a.'Acrirrapee, 591, b.'AywvLo-Trai, 167, a.'AKcpoorTo'Aov, 786, a.'A/esrUKV7lp, 91, a.'AycoooaLcat, 32, a.'AKpoo-''rdos, 543, b.'AMearvS, 91, a.'A-ywcoear, 32, a.'Acpo5ov'aOav, 543, b.'A/cpLapdia, 79, a.
V"A'M&, VA58L~Ls, 14, a.'AKcpoxelpia, 583, a.'AL@iCA7o-'poa, 989, b.'Aeula, 14, a; 79, a,'AKpcrT'piaQ esv, 7, a; 995, b.'Acpigeohos, 791, a.'AeXFpAsous, 595, b.'APoT7-PTOV, 6, b.'A/qM(pVEal, 136, a.'AeX(po's, 595, b.                 VAKTca, 8, b.'Al/pipoa;os, 1034, b.'Ae'ao''orot, 592, a.; 705, a.'AKvpog, 971, a.'Au4LpSpd4la, 82, )b.'Av6vaTo1, 17, b.'Aceo1Kc, 587, a.'A )~LfOdAa/~os, 425, 1.'A~irLa, 14, b.                    "AKccY, 589, a.'A,upLici,,. 1105, b.




INDEX.                                                1243
A^.4L-KCToves, 79, a.'Avrtrvars, 1181, a.'Apyc, 153, a.
Al:tdopxcia, 82, b.'AvTr'twvLa, 773, b.'Ap3da'ov, 555, a.
ApLAp7rpdoruvAos, 1105, b.'Av'rAa, 100, a,'Apldrcov, 555, a.'At~PLO'7TreTV, 596, b.'"AUrv5, 101, a; 297, b.'Aps1oOBpa, 1001, a.
A/pr'raoy/os, 791, a.'Avrcozuol'a, 92, b; 99, b.'Ap1ts, 1001, a.
AlWptpope49, 90, a.'AvUro1%Tos, 221, a.;      "- ApELos, 225, a.'ACppUqxCVres, 769, b; 975,a.'AtirV1, 1014, a.,,  rc-yos, 126, b.'At.pqaopoes, 90, a; 971, a.       "Atoves, 183, a.                    ApEoros, 345, b.,,    teprp7l7S s, 762, a.    *'Aawv,, 378, a...'Apdta',ea, 133, b.'Alttpwuoola, 82, b.               "Aop, 577, a.'ApLo-FrepooT'raLt, 280, a.'A(PwcrTiLEs, 975, a.'A7rciyeAhot, 28, b.'AptoLarv1-v, 127, a.'AvaCaOoi,L' 424, b.'A7rayo'y4, 460, a.'Aprp-oTcpaT'ra, 134, a.'AzaaoXe7s, 1074, b.'Ara-ro5pta, 101, a.'ApK-eia, 214, a.'Aaayfcaozv, 240, b.'A7raTol'plos, 225, a.'ApIc'E6ELv, 214, a.'AvayicoT'poclpa, 168, a.'A7rarovpicrv, 224 a; 225, a.'ApTre-eOTcOal, 214, a.'Avaykoepa'yta, 168, a.     -.'AwravAha, 738, a..'ApKaOL, 214, a.'AvCyAvr'rTa, 92, a.'A.avuto —rspta, 738, a.            "Apc'ros XLETyA7, 147, a.'Ad7yvAupqa, 92, a.'A7rEAevOEpIa, 705, a..,,, A.cpad, 147, a.'Avay'c6plrO-L, 1145, b.'AfreAea Oepos, 704, a.             ApaTorpos, 148, a.'AvaTyw-ys tcrrl, 92, a.           "AWrekAa,, 573, a.'Apcr'o(pvLAa~, 148, a.'Avayc6yLa, 92, a.'AireXadZos, 223, a; 224, a.'Apicvs, 989, b.'Ava1ucia, 106, a.'Aw7reravTlCo'/s, 5J4, a.          "Ap/a, 378, a; 585, b; 753, b.'AvaO.uaara, 432, b; 1063, a.'ArooCiOpa, 939, b.'Apacditata, 585, b.'AvatcaXv7rTr'pta, 738, a..'A'rogaT'7s, 394, b.'Aptoy?1, 910, a.'Ava&KELta, 92, a.                  A7royovLtds, 225, a.'Aptxovia, 778, b.
Avatcel.uEva, 43.2, b.'Aaroypawp, 103, a.'Ap.ovrKcd, 773, a.
Avz'dezov, 92, a.'Aaroypc'powv, 103, b.'Apvatcis, 882, a.'AvaKlYcIVUara, 583, a.'A'roE'IcraL, 1047, b.'ApoTpov, 117, b.'AvaUX~iA,"pla, 92, b.'A7ro'&crEuos, 764, b; 1075, a.    "Apovpa, 138, a; 753, b.'AvaKAtLorcdXhx, 857, b.'A'roOepa7re'a, 76, a.'Ap'ra'y, 586, b.'Avd cX.VTpoV, 673, b.'Arrof0tK, 618, a.'Apwra'yis ypcrap, 586, a.'AvrdbKpr's, 92, b; 122, b.'AroKtca, 313, b.'Ap'raorT4V, 586, b.'Ava'cT'opov, 1105, -a.'A7roLcOL, 313, b.'Ap'rn, 518, a.'Ava'An.zua, 94, a.'Arofcipvu-zs, 103, b.'AP1'Saplpa, 137, b.
VAva~, 990, a.'A7rdKArXroz, 27, b.'Arlfprdpoz,  137, b;  871, b,'Avaca'y4peta, 94, a.'A7roXeiSewJ  61cvq, 418, a.            1100, a.'Avacuvp,1es, 213, a.'AroAXXAmva, 104, a.'Aprare7, 137, b.'Avaauraqos, 344, b.'A7ro=ayoaaXiat, 305, b.'ApT'rai'los, 224, a.'Ava7rrSiarerav, 484, b.'A7rour'a, ews 8iKr7, 418, a.'ApTejLAOLa, 138, a.'Acplpvors, 101, b.'Ard4ppars, 918, b.'ApeAl[oa'os, 223, a;  224, a;'Ava'cldos, 890, b.'Aard4pqrzra, 104, b.                 225, a.'AvarohAM, 155, b.'A-rooraoLov 8LaljI,  104, b.'APTEISLOtlqov, 224, a; 225, a.'Avavt.aXaov Tpadqn, 94, a.'AwrooraroAes, 104, b.             "Aprsa 1) 7repLt'l& raiicaw, 863, a'Avpopov, 143, a.'ASro'rELXXL.Oat, 1183, a.'AprTLM'etv, 863, a.'AvtSpea, 1088, b.'ArorEAErouaruKc6ss,     144, b.'Aprtao',uxs, 863, a.'Avspscas, 1063, a.'A7ro'rsaa, 436, b.'ApTcrrouos, 921, a.'Avypo-yESCvla, 94, b.'Aroarti.zrf7a, 436, b;  470, a;'Apro7r6Aat, 305, b; 921, b.'AvpoXAlq/a, 94, b.                  614, b.'Ap'o0rMXsres, 305, b.'AvYpoA41wLov, 94, b'A7rorTLrAlral, 764, a.'Apv~retIs, 1204, a.'Av3poE.trj, 149, b.'A7r6pavoLs, 104, a.'ApVrTava, 185, b.'Av3pcves, 425, a.'Awrpaarrs, 99, a; 100, a; 128, a.'ApXaLpeo'tat, 271, a; 443, b.'Avlpwovrss, 423, b.'A'ro(popa, 104, a.'Apxeoov, 119, a.'AvevOzvos, 478, b.'A'roappdc es i7E'pat, 104, b.'ApX4, 124, a.'Av'e-lalois, 595, b.'AVroXELporoVE;7, 122, b; 271, a.'ApXlYE'Tri, 470, b.'Ave4l&s, 595, b.'A7roxftpoTrova, 271. a.'ApXtarpos, 119, a.'AvOeLa, 98, b.'A7rpooaraorov  ypawp,  108, a;'ApXLEpevs, 167, a; 225, a.'AVOErr'Tpia, 411, b.                 123, b.'ApxOE'COpos, 389, a; 1126, a.'AvOeroTrlptlCZ, 223, a; 224. a.'A7rwgoo-/a, 513, a.'Apxs'reK7co,''a, 123, a.'AVOEr(popLa, 98, b.'Apaido'rvxos, 1106, a.'ApxL'eI'CTOVmlc, 120, a.'AyOvrwro/ooria, 399, a; 403, b.'Apa&rea, 117, a.'ApxL'E'C'roov, 1126, a.
"Avoaos, 1128, a.'Ap~SXA7, 889, b.'ApXLTreAhSrv1s, 973, a.
"Avor-Aot, 135, a.'AgpvAs, 889, b.                   "ApXwo, 121, b; 124, a.'AVreos, 225, a.'Apyodets, 1154, b.,,   4r&rcvaos, 123, a.'AvTL-yveLta, 99, a.'Ap'yias ypacpl, 133, a.'ApXcvns, 884, b; 1102, b.'AvrT'ypa(pes, 578, a.,,  vyos, 133, a.'Aoai'tvwOos, 183, b.'Ayvriypwp7, 93, a; 99, b.          Apy6poov, 808, b.'Ao-ERcas- ypacph, 142, a.'Av-ri6oo-tS, 98, b.'Apyvpiov iLKXc-, 133, b.'AarAAa, 142, b.'AvT'r/ALts, 399, a.'Ap-yvprss?y~, 132, b1.'Ao-cartr'rs, 674, a.'AvTLvota, 100, a.'ApyvpoKo7re7o0, 133, b.'AoaKa6As, 1130, b.'Av'r/tope7rra, 590, b.            "Apyvpos, 132.'Aoh.CX7rJ'ea, 141, b.'AVTlTSt71ftqLs, 266, b.'Apyvpcv'lTroT, 1034!).,'Aalcoi, 1203, b.




1244                                          INDEX.'AorItCaaio'dr, 141, b.           BaolAeia, 198, a.                  rExhov'ref, 1154, l.'Ao7r-LieZo, 787, a.              Bao'aevs, 123, a; 990, a.          reAoTro7ro;oo, 867, b.'Aoar,0ilotc, 787, a.             BaolixLvva, 123, a.                reveOtaLo)yia, 144, b.'Ao'rws, 297, a.                  Ba-LA'tos, 226, a.                 reveLov, 196, b.'AaT7rl''aC, 135, a.              BaoAhwLo-ca, 123, a; 412, a.       rEv'sala, 558, a.'AaradpLop, 141, a.               BacWKadva, 521, b.                 rfveoasa,,44, b.'AoerTpeS &?yaOoa'olot, 144, b.   BdacKavos   OaXA1At4,  521, b.     rEy;VV'ra, 290, a; 1154, b.,,   Rlcolvot, 144, b1.   Baq'rp, 1055, b.                 rPors, 290, a; 1154, 1).,,  IcaKo7ruLot, 144, b.      Becgau6oews Sbhi, 201, a.          repaipaf, 412, a.'Ao-rpaCV, 464, a.                BeA.7$v, 13, b.                    Irpavos, 624, a.'Ao'rpadyaAos, 143, b; 1095, a.   BeXovis, 13, b.                    repavoOAKos, 624, a.'AoarparTear  ypacjpl, 144, a.    Bev&&zaos, 225, a.                 repapai, 412, a.
"AoTrpov, Tb, 152, b.              BefGelca, 201, a.                rEpdal'-OS, 223, a.'AoavAos, 1105, b.                 BepovlKrls fBkTpvXoS, 154, a.     repovoula, 377, b; 570, a.'AoTvP4/ot, 165, a.,,  wrAicaos, 154, a.        PrPPa, 574, a.'Aavtia, 165, a.                  BXAds, 624, b.                     rEpv.,a, 572, a.
"Ao'Uvov, 165, a.                  BUjla, 440, b; 577, a; 751, b; re'(pvpa, 936, b.'ATrA2ea, 166, a; 1103, b.           1148, b.                        rEqpppFezV, 454, a.'ArTLAia, 168, a.                 Blaicevy ~BL77, 202, a.            revp-ruo's, 454, a.'ATz'Aos, 168, b.                  BiCaors, 1006, a.                  reoow% pot, 570, b; 1154 b.'ATrhayeveZs, 150, b.             BtLgXtO0K7q, 202, a.               rLyyAxuos, 240, a.
VATAar,7e,E 170, a.                BLCA[oG, 703, b.                   rAaV6, 812, b.'A'rpaKc'ro, 565, a.               Btoa'ot, 203, b.                   rAeicos, 1201, b.
Abu8vaos, 225, a.                BcKOS, 203, a.                     rAMtts, 1202, a.
AbV0?i4a, 183, a.                 BWsY, 126, a.                     FrAhaoo's, 1130, b.
Az'Aafa, 1185, a.                 BtoPos, 203, b.                    rvdrpaxov, 673, b.
AXAEFos U6pa, 425, a.             BAdhj3s &it'c, 203, b; 513, a.    rpa(pevs, 551, b.
AbA4., 425, a.                    BAaJr-!, 1007, b.                 Irvafftos 14, b.
AibArpi8es, 1131, b.             BAaT'rMa, 1007, b.                 rvijwv, 615, a; 806, a; 930, a.
AbxAs, 779, a; 1130, b.           BoaOdos, 224, a.                   ropyOpa, 240, a.
AbA.pioa, 977, a.                 BolBpd4lua, 204, a.                ropmrtaos, 225, a.
Aipa wepiicovpos, 892, b.         Bonq1pout.cws, 223, a; 224, a.     rpatilov Ae0fOepov, 891, a.
AUToKpaTopIKcs, 225, a.          BonaOo, 868, a.,,'oxvd2v, 892, a.
AbTroIOAklar ypacp4, 183, a.      BoLWTdpx'qs, -os, 204, a.,,   AvwarLov, 892, a.
ATbd&',oIoN, 183, a.              BoAls, 256, b.,,   oieETKlcd, 891, a.
ArToTeA1s ahc3n, 404, b.          Bopeaaotui, 239, b.,,  oiKovpv, 892, a.
AV'TO44a, 454, a.                 Bopeaatcs, 209, b.                 rpat/LaTeaov A2.LOapXcKdv, 392, L.'Apacul1@rat, 366, a.            BOTavWSO'Ls, 52, a,,,       paprdv, 15, a.
"Atpec'ls, 610, a. 1055, b.        Bo0ravoatV'rTcla, 417, b.          rpatlcaTr-es, 5, b; 211, b; 577, b.'AperTat, 592, a; 705, a; 1139, a. Bogat, 29, a.                     rpa/tA41, 1055, b.'Acpe7'Ipztov Spyavov, 1138, b.   BocKd'rtos, 224, a.                rppafulrs c&a, IratieLv, 582, a.'Ap8glrros lj.Uepa, 1090, a.      Bovcepas, -ws, 59, a.              rpaqn6, 578, a; 899, b.'Acpgpvpua, 1062, b.              BovAehaoews ypa cO, 213, a; 972, a. rpaqj &iyaucfov, 735, b.
wAq5AaTo', 787, a.                 Bovhev7r1plov, 212, b; 377, b.,,   aypapiov,,36, b.'Aloaos-, 180, a.                 BovAa, 209, b.,,   a'ypapdov  etdAAov, 37, a,
Acpopzurs a;mc, 102, b.           BoOs, 812, b.,,  a&xoyou, 76, b.
AqpaKcos,aOs, 784, b.            BouT'vror, 410, a.,,   &/AGao6ewOs, 2, b.'Apposlgrfa, 102, b.              Bovmovia, 410, a.,,   vavuaXXtov, 94, a.'Aqpoltos, 225, a.                Bovucpvos, 410, a.,,   aVrpoaraor'ov,  108, a;'Axd&vn, 6, a.                    Bocjvat, 209, a.                              123, b.'AXiTWV, 1173, a.                 Bod71Ss, 148, a.,,  a&pyas, 133, a.
Atq/pot, 95, a.                   BpaCeZs, 32, a.,,  A&pra/y7r, 586, a.'Atds, 108, a.                    BpaCeuTal, 32, a.,,   a'eCelas, 142.
BpaolSeta, 213, b.,,   ar'parefas, 144, a.
B.                 Bpavpcvsca, 214, a.,,   avtolAoAtas, 183, a.
BpovTEio,, 1183, a.,,  fiovUA er-EWS,  213,  a;
Balpdros, 224.                   BvgAos, 703, a.                              972, a.
BaKwrTpia, 183, b; 402, 1).       ByUca'vm, 215, a.,, )  etlas, 388, b.
BacKXc, 1004, b.                 B6oLos, 224, a.,,   BeKao'poO, 385, b.
BaAavdypa, 943, b.                Bvo'ods, 216, a.,,   t7a1uoofa,.t402, b.
BaAavecop, 183, b.                Bwods, 116, a.,,   owpoaoicKas, 385, b.
BaAavev's, 184, b. -,,   &wpoSelas, 1223, a.
BaAavo~&cKa, 943, b.                              r.,,   &.pwv, 385, b.
BdAavos, 943, b.,,  eipycoD, 590, a.
BaAdv'rTov, 732, b.               rdyyaycov, 989, b.,,  e'irapoaris, 470, a.
Ba1CXs, 435, a; 1055, b.          racXrs, 28, b.,,  &TatpilaEWS, 606, a
BaAA;w'col, 863, a.               racArlAta, 567, a.,,  i3ia, 402, b.
BatpaOpotv, 196, b.               ragvAtYv, 223, a.,,;epoovA.laS, 607, b.
Bdppgro%, -os, 721, a.            rIdopot, 570, b.,,  icacoyapuou, 735, b.
Baoavto-rat, 1139, 1             rTdos, 735, b.,,   Ka'TaX6EoEs  ToO  rjCiloU,
Bo'avos, 1139, a.                 ravUAd, 218, a.                              256, a.




INDEX.                                             1245
rpa0cp  KaTaooTKVOS, 257, a.      AalLoupyot, 390, b.                Aiadw,ua, 1075, a; 1225.'
c,,    ho7rs, 300, a.      Aa,uoala, 384, a; 485, b; 929, a. AltagCLa7a, 1121, a.,,    ELrovaUtTLov, 679, a.  Aavicq, 384, a.                  ALaTra, 395, b.
e,,  roo'partov, 679, a.    AdveroaAa a&oprepd'rAouv, 525, b. ALarLT7Ta, 396, b.,,  AhErTraioV, 144, a.,,     Tep7rAovv, 525, b.    AtamlTLtK~, 395, b.,,   MlrUO6Sews oIcou, 764, a.  Aarls, 674, a; 1097, a.           LabcpLioi, 1155, a.,,    oXedas, 16, b.            Aapedrcs, 384, b.                  AtaLAapTrvpia, 92, b.,,    oloyillaTros  8LaqOopas,   Ad, 1093, a.                     AlcaycaaTriyt ss, 399, b.
803, b.                 AaorpYq:,pos, 384, b.              Adajltrpos &calpa, 892, b.,,   epvtay, 1223, a.          AEypta, 388, a.                    Azavoualf, 400, a; 1126, bl,,   qJ7yalov, 735, b).         AIElKENAO'Tat, 388, a.             Atdaoa, 400, b.,,   rapaolas, 865, a.         Ahal,  408, b.                     Aidoa7vXos, 1106, a.,,   7rapav4txwv, 865, b.       4tLAias ypa4:, 388, b.             Alavuos, 1055, b.,    rwapacrpeogeLas, 866, b.    Aorirvov, 303, a; 304, b.        ALaXelpoToYla, 271, a.,,   rapeioypacpfs, 868, a.  Ae7rvodpot, 845, b.             AtdXpuv os ETaipa, 892, b.,,   Wapaycyelas, 958, b.       AEmIaiapXfa, 385, b.               Ata17FptoLs, 400, a.,,    poooilas, 962, a.    AeCKa8VXOit, 385, b.               LAiaoKaA,SK7, 628, a.,,   PTlropKi, 462, a; 994, b. Ae-capXla, 385, b.                  AiFpaXtov, 438, b.,,    vKo'opa'rtas, 1080, a.    AeKanouos, 77, a; 385, b.          Avouo:, 150, b.
rpavlairos  eC 7TrpovolaF, Aecau7rvXos, 1105, b.            ALeKvalv'saa ralacl,  582, a.
1148, a.                AEKarTE6ELv, 214, a.               ALtpes, 425, b.,    rvpavvios, 962, a.        aEcai-evrai, 388, a.               abcat C'ILuvoL, 458, a.,,'~epEws, 622, a.           AecKaTEvTpLov, 388, a.             ALro'AXea, 410, a.,,   i7roeohAs, 623, b.         AEKacr77, 388,a; 800, b; 1103, b. AwXrhia, 410, a.
p, apLcaKELas, 895, a.     AeicarAhdSyoL, 387, b.             AucKaor'prov, 401, a.
pcapyatdcov, 895, a.      AeKca'rcvat, 387, 1).              Arrao-sjis, 401, b; 805. a.
pOpas,,   Trp V  eAfhEVe'pwv, AEA-f0TrO, 149, b.             AcraorTK4,, 402, b.
898, a.                 AEALhiv, 149, b.                   AiKEAAha, 707, b.
c, cpovov, 897, a.              AEAhq(vLa, 389, b.        /        AiKc, 402, b.,,  tCeuBe7ypaopi, 971, b.    AEAXpivos, 223,a.,,  alitas, 100, a.,,   ievuoKA7rdfas 972, a.    AEXhis, 149, b; 389, b.,, &avayowys, 92, a.
rpaoudt, 899, b.                  AEiuVLov, 673, b.,,  avadicos, 106, b.
rpaipis, 903, a.                  Ae~,oo-rc-rai, 280, a.,,  &'ah[i~eoEs, 418, a.
I'p!ios, 22, a; 989, b; 1034, a.   A4'ioa, 882, a.,,  ao7roelEws, 418, a.
rpooorcPo dXot, 588, b.           Ait~Ss, 282, b.,,   roa'oralov, 104,b; 123,b
rpo'opos, 588, b.                 AEaoytop6AaCKe, 593, a.,,  &rb aovild'Acaw, 1081. a.
r7s, 117, b.                     Aeo-l.tuwplov, 240, b.,,  arpOtKoCXrTOS, 403, a.
rv1uvaOLdapxXs, 581, a.            Aeo'7roo'ovarTat, 592, a; 705, a.,,  aW'pooraaLov, 123. b.
rviAvawrapxos, 581, a.             Aevrepaywvto-rTs, 611, b.,,  apyvplov, 133, b.
rviYvdo'tov, 579, a.               XeAvw-ptaos, 1203, a.,,  avT'oe;As, 404, b.
ruvva rTact, 581, 1; 582, b.      Aevrepo0r7d6ToL, 557, a.,,  &popAiis, 102, b.
I'Vuj41aloL, 584, a.                 7/iyua, 548, a.,,  Begaickoewos, 201, a.
rvuylJV7r, 135, a.                A~iAka, 389, a; 865, a.,,  Balfov, 202, a; 479, b.
ruvjr7?Tes, 135: a.; 584, a.      A7suay7wyoi, 1086, a.,,  BAdC7, 93, b; 203, b;
rvuvot, 135, a.                  AytapXe5ov0'os, 225, a.                     513, a.
rv/uvorarSia, 584, a.             t7,tLapxot, 389, h.,,   yy76ns, 461, a.
1'uvos, 808, b.                 azvtiy7opot, 1086, a.,,  EvoaKov, 461, a.
ruvalucoic'toAt, 584, b.          A7grrpifa, 390, a.,,  4aywy7o s, 479, a.
rvwalcovJot, 584, b.             Ahp'rptos, 225, a.,,  e'atpe'ews, 479, a.
ruvaLtcwvLTr, 423, lb.           AIut67rpara, 390, a.,,  4oh~7s, 456, a.
rv~  Xec'Tuci, 892, b,            A  uoelOpPyot, 5, b; 314, a; 390, bL;,,  7rTrplpapx71/AaTos, 1 159,b,, ovr, 892, b.                    570, a; 1154, b.,,  4pavrtc', 475, b.
1'wpUTO's, 126, b.                A!i4tos, 593, a; 1139, b.,,  caOvcpo-ews, 578, b.
A-tIAO'tLovos, 593, a.,,  KaicyopLas, 217, a.
A.                  A-7uoKpapfa, 390, b.,,  Kar-7lyoptov, 217, a.,A&p-o7roir'ros, 391, b.,,  KaKOXOLoas, 217, a.
Ac8aq,)dpLos, 224, a,             Ar/los, 391, b.,,  KaICOTEKLm v, 217, a.
Aaoovpye,, 1093, a.                Ar)IOarLa pypallara, 8, a.,, Kidprov, 243, a; 461, a.
A8ovpy&s, 1093, a.               AvOdcrLorL, 391, b.,, iKAo-7r, 300, a.
Aqao3D os, 453, bi                ArhudoTov, 23, a; 119, a.,, xAetroAaprpoUv, 93, b;
Qai8aXa, 382, a.                  A.rnaioros, 593, a.                         513, a.
AaM&AeLa, 382, a.                 ALuo'Tcat, 392, b.,,  Aotoplta, 217, a.
ACdZs, 1093, a.                   ALtaaT~'pta, 395, a.,,  zmarOoi, 764, a.
aialaos, 225, a.                  ALa/T/f's,   283, a.,,  fMo0&6oesw o'icov, 764,.
AaLTpoi,, 410, a.                ALaypape?7s, 449, b.;,  oibas 823, b.
a'CTU6Los, 95, a.                 AL&d8&qia, 395, a.,,  obaLas, 461, a.
Aaicrvhos8oJXl, 751, b.           ALcacwla, 395, b; 596, b-i    97r apafcaTaOKi7 s, 102, b.
AdcTruhos, 322, b; 382, b.                     897, b.,,  7rpoeroppas, 962, i.
AdAtos, 224, a.,,   KA4pov, 15, a.,,  wrpoKds, 437, a; 1048, a
AaapTE'Lov  Xpt4plOv, 382, lb.,,    iS  werlKX'pUv, 467, b.,, brov 71048, a.
a,autpros, 224, a.                Ataodors, 400, a; 1126, b.          -,,   Kuvpia, 1013, a.




1246                                            INDEX,
Aitcr  o'vIo6acov, or ouvvOeIKCwv                  E.'EXaTrip, 1168, b.
7rapaCo'aEwr, 1080, a.'Ehaq0cardAa, 450, a., paXEta, 1013, b.           "Eap, 163, b.'EhatqfioXtLv, 223, a.,,  XpEovs 280, -1.'Eyrl, 460, b.                      VEhaapos, 450, a.,,  /ev3o.uapTvupw^v, 734, a.'EyyU/vnO7,cl, 633,  b.'EXEvOipLa, 454, b.
Aticpo'ra, 784, a.'Egyyrs MKrl, 461, a.'EXevaoiva, 452, b.
ALtcrTv'ra, 408, a.'Eyyv7rlos, 737, a.'EXeuvo'(os, 223, a.
AtK'UOV, 988, b.'EYKECT-E/'hvos, 459, b.'E&Epas, 451, a.
hAtudXat, 410, a; 488, b.'EyicEvTps, 220, b.'EAhtc, 147, a.
AiULTOS, 1101, b; 1102, b.         "EyKAaX,/a, 403, a.                 "EAXt, 590, b.
AtolIchiEws,,  br, 1096, b.  -    ETyCrT7'lua, 459, b.'EA/cvaorLvsa 7rai'cev, 582, a.
AtlAnea, 410, b.                   "EyKTo'r'?rs, 459, b..'EAXavo13tcat, 590, b; 830, )b.
atovo'sa, 410, b.'Ey/TrVrTl tZ'v, 392, b; 459, b.'EAAn7OTaCoiaa, 590. b.,,         ~rE-TE, or  EyadAa,'EYXELtp&LOV, 975, a.'EWXdoCov, 632, a.
412, b.              "E-yXos, 587, a,'EAhcrzia, or'EAAdCTra, 455, a.,,  aT' apyoos, or  iicpd,'ETYXVarpPL'eLV, 828, a.'EAvua, 117, b,
411, ao'EyXvUar'poTPL'al, 828, a.'Eu~dys, 456, a.
ALov'ruLos, 225, a.               r"Eva, 436, a..                     "EL~aots, 184, a.
A7os, 224, a; 225, a.              "E'oT, 1105, a.'ELrCaTEta, 456, a.
Aoaoe7,ua, 417, b.'EXotal, 788, a.'EudGrvs, 764, b.
ALotOuos, 223, a.                 "Eeyva, 436, a.                     VE~ugAyta, 456, b.
ALooKtcovpa, 414, b.'EOeAo7rp4eSvos, 620, a.'E/ugoAh, 133, b.
/AoWloopLos, 226, a.              EicKas, 223, b,'Eu~o6ALILos, 223, a.
AibrXaa, 151, a.                   EldCEvE, 1063, a.'"EoAoov, 786, b.
atrAoL'LoV, 1172, b.               EiiovwLcos, 892, a.'EjoXos, 786, b.
AL7rAois, 853, a; 1172, b.         EZKooTri, 446, b; 1103, a.'EtiE'AEsa, 280, a.
ArA ELroa, 410, a.                EIKO'TOAYdOS, 446, b.'EAeEA'ls, 773, a.
Ab7rTepos, 1105, b.                EYACTCes, 591, a.'"EIurtvo  BiicaL, 458, a.
QAarrvXa, 1092, a.                  Ei'iav, 226, a.                    "'E/ratolxa,. 456, b..
aiahlos, 415, a.                   ElpSyuoD ypactp, 590, a.'E,4repd'vxuac. 532, a.
Aziltovpa, 415, a.                 E'peo'&cV7, 976, b; 1000, a.'E7ro'ptov, 459, a.
AiTrovov, 773, b.                  EYpa7v, 446, b.                     "E'uropoy, 459, a.
AtpO'pa, 414, b; 704, a.            Elocleiv, 447, a,,                 "Euppoupol, 458, a.
AtpOEepLas, 890, b.                EZoayyeAia, 447, a; 458, b'EtL5?TreV0ls, 458, a.
aiLpOep7Tsl, 891, a.               EtoTaywyer, 446, b.'Evayiuaara, 577, b.
Akppos, 379, b.                    EoLt'rapla, 448, b.'"Evaa, 577, b.
AtXd47 nvtS, 223, a.              ELo,7roEeOaL, 14, b..               "Evaoos, 1093, a.
AiXopla, 1147, a.                   Ei'arol4o'ts, 14, b.'ETvI0oov, 1093, a.
AtwGCeXa, 1126, b.                 Elrarotrlrds, 14, b.                "EviELS~, 459, b; 463, a.
Aocilaofai 419, b; 462, a.         EorQvqpeLP, 449, a.'EYetKa oi, 593. a.
AoALXooSpo6ot, 1055, b.             Ei'apopd, 448, b.'Evoval, 625, a.
AoALXOS, 1055, b.'EKar/6,uxaa, 593,.1 b.'EvYpol/xs, 460, a.
LASwv, 420, b.'EKaT'rCgatos, 225, a.'"Evyiva, 79, a.
Aopa, 882, a.'Etcaropuatocv, 223, a.'Evea7rito-iKclX a, 863, a; 1084, hb
Aopc'rtov, 587, a.'EKaroWUCev's, 223, a..'EveT7i, 531, b.
AoparoOKlc'q, 587, b.'EKaTro/x', 593, b; 999, b.'EvE'Xvpa, 460, a; 525, b.'AopldAw-ToT, 1034, a.'EiKarooaT', 884, b.'EYvaTa, 557, b.
Ao'p7rea, 101, b."'E.yovot, 595, b.'EVVyecKpouvos,: 108, b.
Aopria, 101, b.                    "ELIC1Kos, 444, a.'EVaeaTrptis, 222, b.
Ad6prov, 303, b.         -          EK3coo'S, 525, b.'EvdOSov, 989, b.
AgpLv, 587, a.'EKEXetPLa, 607, a..,,    o?~o0AOv,    417, a.
Aopvpo)poL, 587, b,'EctcA/o'la, 439, b; 572, b.'EVoIKLOU IIbc-q, 461, a.
AO'OLS, 124, a.,,   icupia, 440, a.           "Evo7'rpov, 1052, a.
AoAos, 1034, a.,,    v'6pLUos, 440, a.      "EtL-ea, 135, a.
AoXyll, 751. b.,,    ovtylcA7p0s, 439, b.'EtrTnros, 1181, a.
apdicwfv, 148, a.                  "EKKcA70pt, 443, b.'EyTV'arcola, 1181, a.
ApaX. 5d,  438, a; 931, b.'EKcfcoUl8a, 555, a.'EYI&tOV, 632, a.
Aperarcva7,  Ap4aravoy, 518,'EKIctVcArpIYa, 1123, a,'Ea7ywy7A, 456, a.
ApoLTrat, 555, b.'EKCAoyEs, 449. b.'E~aywyoys 8itKyc, 479, a.
Apo'uos, 1055, b.'EKtAayE7ov, 305, b.'EDatpeo'aEos Gilbc, 479, a.
AAvu.avr'rat, 1153, b.'Etl ap'rvpia, 93, b. 444, a.'ECdy/LTOV, 1102, b.
Avpiaves, 1153, b.'EKarOLEhV, 14, b.'ESdcTrvAos, 1105, b.
Avvao'r'eia, 365, b.'EK7roteo'at, 14, b.'E4e-YvUo-OTal, 460, b.
A60o'pos, 225, a.'EKTEvs, "Etcr7j, 589, b..'EeALt'y}6Sr, 484, b.
AcwLdria, 425, a.'EIKtrv7dplot, 590, a.'EeTao-rai, 478, b; 511, 6b.
LA6pa, 432, b.'"Eruros, 481, a.'E7?ypir'al, 480, a.
ACwpooK[as -ypaqa5, 385, b.'Etcqopd, 555, a..'EptpeL, 785, b.
Anipov, 751, b.'EcpuAvAoqpopia, 515, a.'ErLULTOP, 1102, b.
AoopoevYias ypalp, 1223, a.'EhAaa, "EXAaov, 823, b.'E~lrMipLa, 512, a.
Acpw'piv ypaph, 385, b.'EkAaLo56pov, 192, b.'Ed66ia, 512, a.
AWTt7,iy  436, a.'Ehaitwv, 823, b.                   "E~o~os, 1146, a.




INDEX.-                                             t247'ErouX'ls l1tcrl, 456, a.'ErLrpoar-s-Tparp~, 470, a.            (peo'rptLs, 79, a.'Eou ts, 512, b; 1173, b.'Eirirrpo7ros, 469, b, 1197, b.'Ege'TaL, 463, e.'Ectzwooa, 512, b.'EV7LXElp0OTOJa, 122, b; 271, a;'EqeTrLva, 918, b.'E~&o-Tpa, 513, a.                    443, a.  -'EdvCeaj 462, b.-'E7rayyyeXia 462, a.'E7rTXvots,. 380, b.'EpLiCtcK1, 918. b.'E7rdiKAov,.1090, a.'Eroucia, 313, b.                   "E07,Vov, 462, b.'E'dAXetLs, 1183, b.   E- EouKos, 313, b.  -'Ep?1yno-s, 460, a.'E7'rdpLotL, 462, a.'E7roaqdXAov, 298, a.'E(/IAepIees, 144, b.'E7rav'Xta, 738, a.'E7rorraL, 453, b.'EcPLTr7retov, 464, a.'Evreto'dLtov, 512, a; 1146, a.'E7roT7rra, 453,,b..'Epir7rior, 464, a.'EVreZtoa, 512, a.'E7rwgEXia, 470, a.'Epo1Lov, 1195, b.'E7rErelov, 211, a.'E7rcw-Is, 1173, a.                 VEcpopol 464, b.'Eareuvacrai, 462, a.'Exwova,I 1103, a.                 vEpvpop, 453, b.'Ergd~aOpa, 939, b.'EirhYvu/xos, 470, b.'Eqpvw0, 1100, a.'E7r~dTrat, 466, b.,,    Tov,'7,AllcSc, 470, b.'Ex'hA.q, 117, b..'ErWLca, 102, a.,,        -coSv pvAci, 470, b.'ExVos, 93, b; 325, a.'Erl'x[tAfua, 79, a; 674, a.'E'wTries, 787, a.                  "EfyJta, 1202, a.'E7r0xAaLov, 79, a; 674, a.'EpavgpXqs,  457, b.'Ecoplua, 1123, a.'Enwoh.M, 467, a.'EpaL'ELEt, 475, b.'E7rtyapfa, 289. a; 520, b.'Epavo'Tra, 475, b.
Eirr'ypapya, 1132, a.'Epaov  AEfre1lVE, o'  KCAeiwfLvE,                r Z'E'L.ypa(peis, 449, b.                          475, b.'E'rtnavpia, 454, a.,,,rA'Xpoev, 475, b.         Zdacopoi, 20, a.'E7rl.E'KaTov, 387, b.,,   ouAAXyeuv, 475, b.       Zea, or Zda, 54, b; 56, b.'ErrtlKacia, 123, a.              "Epavos, 304; b; 475, a.            ZEvuyraT  266, a; 486, a; 11'55,'Enrtdoers,  468, a.'Epi'ou 7rAXpwTr's, 475, b.           a.'Er(O7,ua, 556, b.'Epyc'var, 1100, a.                 Z6yAatL, 789, a.'EriKa7XqPOs, 467, b'        Epyxo'Trvat, 856, b; 1100, a.    ZEICTr77lpat, 789, a.'EM7rgI,XLpov, 673, b.`Epy'rTts, 628, a.                  Z7,/ta, 1128, a.'ErbKcowlos, 918, b.'Eptlpos, 149, a.                   Z7/-7q-al, 1224, a.'E7rLKovpot, 758, a.'Eppa?, 602, a.                     Zuyad, 788, a.'E7rAXoyos, 1085, b.      "         Epaucla, 604, a.                   ZS'tot, 788, a.'E.TrtxeAr Iat', 468, a.; 978, a.'Epjraos, 224,- a; 226, a.         Zvy7Trat, 788;. a.
T,,     jro'a'opfov, 36, b;'Ep'PvetLos, 891, b,         Zwyov, 280, a; 652, a; 721, b;
468, a.,,     66repos, 891, b.          1007, b.',,    7jS CotaVs wrpoodSov,'EPP71'pCptLa, 137, b.      Zu6yos, 652, a; 1007, b.
468, a; 1096, b.'EPPSqcp'pot, 137, b.                 ZvOos, 268, b.
TrCV. PoptL1V'EXartv','Epa-sqtppta, 137, b.             Zwypacpeb, 900, b.. 468, a.'Epmqpo'pot, 137, 1).                Zw-ypapia, 899, b.',, vMvUarTlptwv, 468,'EpvncTrpes,. 592, a.             Zcua, 1225, b.
b..                 EoOtos, 225, a.                    ZCoAb uAEas, 1090, a.
T' Y- eWopiwo,, 468, b. "Eoonrrpov, 1052, a.              ZJvs7, 135, a; 1224, b.,,     trv (puACIV, 468, b.'EaTrTa, 542, a..            Z4vLov, 1244, b.'EmrtvXiAov, 765, a.'ET'rctidos, 604, b.                Zwvoo7rAtkos, 1224, b.'Erardpa~os, 280, a.'EorTadrwp, 604, b.                 ZwoTr'ip, 1224, b.'En7rop7rs, 531, b.'EoXdpa, 116, a; 542, a.            Zwqo'pos, 1225, b.'E7rbrpoKcoa, 594, b.'EaXapis, 542, a.'Erlreo'-'Tos 8Etr'epos, 892, a.'Eraipal, 604, b.,,     -YE/cLAc  892, a.'E'raipjaews TYpaCpt, 606, a.                       H.
O. paTlriTs, 892,  a,'Erapia, 310, b; 475, b.'Es7rio'vua, 638, a.'Eralptlsov, 892, b.'H'y7o'vEs avJyLpopLtv, 449, b.'E7ritsuov', 638, a.               "Eratpoi, 488, a.'H-yEjrovia  isKao'rspiou, 477, a;'ErTK'i7irT EIV el's "Apeov 7royv,'Erepd7ropsros, 532, a.               593, a.
129, a.'E'Tepo o',duos, 791, a.'HyEpoJUv, 891, b.'Emroo-root, 468, b.               Ev"a, 846, a.,,     pcarsC.wv, 892, a.'E7riwKvpos,.918, b.               Eayy'/-EAos, 225, a.'H-yeropfa, 928, b.'E7rio-rdoao'Oat, 625, a.          EbaaT'js, 846, a.'HOc6ds, 322, b; 1203, a.'E'raraorrip, 627, a.              EvepTyao'a, 289, b.'HAardCT77, 565, a.'E7ro'TaTrs, 210, b;  468, b, Eu'(oos, 1173, b.'HAcrKTpov -OS, 450, a.
484, b.             EbOvSla9, 92 b; 404, a; 864, b.'HAtopo'prlov, 615, a.,, v,  -G l Loo[w'ff Y pY wt, EbOU6lv, 478, a.          "HjIap aEeAoov, 408, b.
469, a.             E6;Ovoa, 478, a.,, IuEtrov, 408, b.
TCv,,   tv  iCrv, 469, a.  EuoAoA7r[Sat, 47.7, a.'HtEpa lKupia s-oV VIcov, 94, a,'Ertlo'0oAes, 469, a.              Eva'7, 673, a; 791, a.               p,,      7, 408; b.'E7rnr-V'Asov, 469, a.             Ebrarptpoat, 477, b; 1154, b.'Hp'4pat &Aro(ppCes, 104, b.'E7rrrwrTpov, 387, b.              Eio'rvAos, 1106, a.'HgerpoSaveto-ral, 525, a.'Easi-yraya, 488, a.               EbpOAueZ-re, 417,a.'Hlepoapdpot, 592, 1b.'E7r[Tz/LOs, 513, b.               Eb]pluifa, 417, a.'H/AtLfr.\o'ov,3, 11'72, b.'EwrTOA'2, 1 55, b.'EpeAicvo-ao-Oat, 625, a.'H.tLEKtE6dP, 589, b.'Esri-rovot, 673, b; 790, b1.'Eqi4osa, 463, a.'HLu'Tcrov, 589, b.'ErsTrra7papX1'tca'ros a [K),1195, b.'Eios's, 106, a.'H/wC6KAloY,, 592, b.




1248                                         INDEX.'Hl1ipvla, or'H Liva, 367, a; 592, b. OuulatrpLov, 1174, b.'Iovr7EAis, 289, b.'Hvla, 585, a.                    O6pa, 624, b.'IoTtov, 790, a; 1186, a.'HvioXos, 149, a; 379, b,,  au'Atos, 425, a.'IrTrooevcs, 117, b.
Hpaa, 224, a; 225, a.,,  Koprata, 425, b.'Iard7roses, 1100, b.
HpdicKAeos, 224, a; 225, a.,,  pc'aravAos, 425, a.'Ior1's, 789, a; 1099, a.'Hpdoios, 223, a.,,  Ei&avXos, 425, a.'Ia-&v, 425, b; 1099, b.'Hpwov, 557, a.                   Ovpeor, 1012, b.                   VITUS, 297, b; 378, b.'Hcds, 408, b.                     O6peTpov, 625, b.'IxO,5es, 151, b.
Ovpi8es, 426, a.'IxObs v4TlO  or ptx4yas, 153, b.
06paoos, 1129, b.
e.                 Ouvpcv, 425, a.
Ovpcopeov, 425, a.                               K.
Oapo's, 241, a.                    Oupwpo's, 425, a; 627, b.
OaAadtoL, 788, a.                 Ou~tavoo, 537, a.                  KaCdepLa, 216, b.
OaAa,ul'rat, 788, a.              OvJrTptoro, 116, a; 153, b.        KaaKolrot, 971, a.
Oc(dayos, 425, b; 788, a.         Odpa5, 711, a.                      Ka&os, Kd6Bos, 218, a; 971, a.
OaXAo$o'pot, 857, a.                                                  KaOapia, 781, b.
Oaxtata, 76, b; 1 120, a.                                             KaOaptol', 781, b.
Odayva, 1203, a.                                  I.                  KdOapor's, 719, a.
Oa7rTeLv, 555, b.                                                     KaOerip, 985, b.
Oapyfrlc(Sv, 223, a.              vIaKXos, 453, bh.                   Kdooaos, 1128, a.
(OearTpov, 1120, a.'raTpahelrTri7s, 76, a; 628, a.     KaOvepoa'ewS 6[iK1, 578, b.
OearposrhA-ls, 1126, a.'Iawrptuc, 745, b.                  KaKic-yopias lhK7q, 217, a.
Oearpc61xvs, 1126, a.'IaTp6s, 747, a.                    KawKiyopiov OIK7t, 217, a.
OElAO6OlOS, 224, a.'IaTpoao0laOrTs, 628, a.            KaicoAoyfas 8iKq, 217, a.
C4/a, 144, b.                     vIy?7f, vIys, 768, b.              KaIcoTelfR81v 5l'K  217, b.
Oeolo'aLos, 226, a.'I&ofL'Ts, 994, b.                  KdaKWOtLs, 217, a.
~eooyeoov, 1123, a.              "Ipvo'Ly, 1105, a.                  KdhaOos, 220, a; 326, b.
Oeotevfa, 1125, b.'IeCpdKLoI, 98, b.,,  fca'door, 453, b.
OEeoEVvos, 224, a.'IEpe7ov, 998, b.                  Kahaaaiwv, 224, a; 225, a.
~eopavca, 1125, b.'IepeZrS Trv rcoTpro'pwY, 606, b.  KdhaaOso, 220, a; 753, b.
Oepa7rela, 738, b.'IepoypappaTers, 80, b.            KahA'yv',ela, 1128, a.
~Opar'evT'rKOi, 867, b.'IepoaovAoL, 606, a.               KaAAtepeZLv, 417, a.
Oepi7rw,, 591, b.'IepoyavTeia, 417, a.              KaAhhAtrTea, 234. a.
pkcs,,  892, a.'Iepoqplvia, 607, a.                KahoedT7!S, 553, h.,    rETTiLt, 892, a.'IEpoyi1pyoves, 80, b; 138, b      KdAoi, 783, b; 790, a.
3e-pos, 163, b.'Iepdv, 1104, b.                   KaXd7rovs, 545, b.
O'OLs, 14, b.'IepovZcaL, 167, a.                Kah.gas, 902, b.
9OeorO4q'ar, 123, a; 804, b.'IEpo7rotoL, 607, b.                KaA6hr-pa, 1186, a.
Oeoao's, 804, I.'Iepoo~'Gaaros, 225, a.            KaAhTica, 790, a.
OeaAo-I4ptpLos, 224, a.'IepoOKo7'ra, 417, a.               KdAws, 996, a.
eowloqpopicJSv, 226, a.'IepoovAias ypacPi'i, 607, b.      Kdc4aE, 587, b.
9efaooqpAaKcs, 593, a.'Iepopd'prfs, 453, a; 477, a.      Kapdpa, 124, b.
OEo-raAoKE'Trat, 883, a.'I06paAAho, 411, a,                 Kadlwvos, 546, a.
OFT-oi, 14, b.'IIce77pia, 142, a.                 KapIr'rp, 1055, b.
OEvIdLaros, 224, a.'IKpla, 784, b.                     Kcivvaqos, or KivhaoosN, 235, b.
Oewplia, 389, a; 1125, b.'IKitcreES, 154, a.                 KdvaOpov, 235, b.
OeWopLKt, 1126, a.'IAaZos, 224, a.                   Ka'v&vs, 237, a.
OeWopls, 389, a; 865, a.'IAdpia, 608, a,                   Kcveov, 237, b.
Oewpoi, 389, a; 1125, b.'IAapoTpacysoLa, 1145, b.          Kav7lqpopr,  237, b;  411, a;
1KWat, 556, a.'I/xd'Vres, 269, a; 790, b.           857, a.
E9Kpc, 197, b.'ItVres 7rrK7LTKOI, 269, a.       Ka,6bv, 298, a; 985, b; 1101, a.
0(flpto/LdxotL 202, a.'lIaarL'gtop, 850, b.                       Ka7rqlAehov, 258, a.
9rlpgOv, 153, b.'Ilda'rov, 850, b.                 KIairhos, 258, b; 459, a.
O-7ravpos, 1127, a.'Ivca, 699, a.                    Ka7rvo$Ki, 426, a.
Oonae7a, 1127, b.'Ids, 1001, a.                     Katrvoptavre'a, 417, a.
0iOaooa, 597, b.'IovAios, 225, a.                  KapeaT'lv', 889, b.
O'7res,266,a; 1155, a; 1128,b.'I7rvs, 669, a.                       Kapilvos, 150, b.
(iaaoo, 411, a; 475, b.'I7rraap/LooTs, 483, 1,.          Kap'eaTraL, 242, a.
Oolv,?yatAcUr, 737, b.           "I7rrapXos, 5, b; 487, a.          Katpvaea, 241, b.
~oALa, 1213, b.'I7rre-s, 266, a; 1155, a.        Kapvfeos, 223, a; 224, a.
0o'Aos, 1128, b.'I7r7rKo'v, 608, a; 1056, b.      Kap7rala, 1005, b,
Oo'wOSa, 32, b.'Iwrro67Tat, 608, a.               Kapnrou a&K-, 243, a.
Opa'vrov, 1129, a.'IFrwroopo'Los, 224, a.            Kap6a, 243, b.
epavTrat, 788, a.'I7r7ro'poouos, 283, b; 608, b.    KapvaTiteLv, 243, b.
Opavos, 788, a.                   "I7rros, 149, b.                   KapvaTrs, 243, b.
Opqvwl8oi, 555, b.                "IlrroUv 7rpoTopU, 149, b.         Kaarot'7reta, 149, a.
Opdvos, 1129, a.                  "Ip71r, 446, b.                    Ka'rdAr/,Aa, 790, b.
0 vU7aT'p 595,at.                 vIo'OM8a, 645, b.                  KaTra~A.4aTa, 448, b.
OvuyaTrpLtos, 595, b.'IaroroATrEla, 289, b.             KaTaGh7rLTKh, 713, b.
OvAuhMq, 1122, a.'IhooroAeLa, 289, b.                KTrat7YWyoi, 729, a




INDEX.                                            1249
Ka-raySyLa, 92, a.                K7qa0oXot, 1111, b.               Kovpe6s, 197, a.
KaTrayylowv, 258, a; 619, b.      KA7povdg4os, 595, b.              KovpECTLr, 101, b.
Ka'Ta?-rv~, 566, a.               KAXpos, 595, b.                   Kol'pL/os 7rapOfvos, 891, a.
Ka-raKcqaria, 439, b.             KX,\povxia, 313, b; 314, a.       Kovpfs, 197, b.
Kai-dTKoIos, 891, a.              KAX.po0XoL, 313, b; 314, b;  Kdqpvos, 358, a.
Ka-'rAoyos, 256, a.                 1162, a.                        KoxAidpowv, 301, a.
KaTaXcVrews'ro3   pov YPaypa5, KX7TE'ELve, 93, b.                 KoXAias, 300, b.
256, a.                        K1A74pes, 294, b.                  Kpdc aT'os, 674, a.
KarvXuaots, 258, a;  619, b: KA-opEs, 294, b.                       Kpod&, 1123, a.
729, a.                        Ke.iavos, 546, a.                  KpcLb3lrs P4Aos, 1120, a.
Ka'arrelpa'~pra, 256, b.          KAtfta, 296, b.                   Kpavos, 565, b.
KaTa.rE'X,-r., 1138, b.          KLtgaicfes, 789, a.               Kpao'~re'-rOTA, 280, a.
KaTa1rehA7L'Ki, 1138, b.          KAhJa7, 975, a; 1009, b.          Kpdaoresov, 665, b.
KaranrErao-Lua, 1185, a.          KAzvn, 671, b; 673, a.            KpaTh'p, 153, b; 367, b
Ka'rappdlT7r s, 256, b.           KALvtoiov, 671, b.                Kped'ypa, 586, b.
KwraoTalo7rrjs ypaql, 257, a.     K o'Aias, 625, b.                 Kp'uctaAa, 381, b.
KaTazrTpcwuaTa. 784, b.           Kkoars 8icr-, 300, a.             KpeorwAeo.v, 722, a.
KaTra'ro/ai, 1121, a.             Kva(peis, 551, b.                 Kpew&cr6AXs, 722, a.
KaTaXEtporovia, 271, a.           Kve4paxoa,, 673, b.               Kp7V1, 543, b.
Kawax6roua'ra, 1036, a.           Kvrgtat, 378, b.                  Kpqwrtrs, 368, b.
KaTeyyvav, 403, b; 460, b.        Kvtifs, 822, a.                  KptLOoLavTrea, 417, a.
KaTwyopia, 578, a.                Ko'dy, 454, a.                   LKpCos, 627, a.
Ka'T-ryopos, 1085, b.             K4yX,1, 348, a.                   Kpids, 133, b; 149, b.
KdXroorrpov, 1052, a.             Kodopvos, 366, a.                 Kprraf, 369, b.
KaTopt'TrEwv, 555, b.             KoiAov, 1122, a.                  Kpotct, 1000, a.
KaToXE6S', 626, b.                Komrzq-&es, 425, a.               KpOKwrT- v-ds, 370, a.
Kd-rpwros, 118, a; 984, b.        KdAatces, 867, b.                 Kpdgva, 370, a.
KdTW'TpXiCas, 892, a.            KdAa~, 892, a.                    Kpoo''o, 537, a.,,'TETPLXWiVO0S, 892, a.      KoAeos, 577, a.                    Kp'TaX.ov, 370, a.
KaCrwva'c,1, 882, b.              KoAAhvCzrT's, 270, b.             Kpo6eiV, 627, b.
Karwvcacoop4poa, 1153, b.         Ko'AAvh os, 270, b.               KpouPca, 381, b.
Karolis, 904, a.                  KoAoc-rds, 322, a.                Kpovre'ia, 381, b.
Kavrptoov, 274, b; 904, a.        KoAaros, 322, b; 1203, a.         KpvrTdrea, 371, a.
KEaBas, 260, a.                   KoAwvaz, 556, a.                  Kpvn'rT, 371, a.
KElpta, 673, b.                   Ko'/,x, 328, b.                   KpvnrTta, 371, a.
KEKpftzaAos, 329, a.              KoJd'rTLov, 344, b.               Kpvw'roL, 372, a.
KEAE6VTES, 1100, b.               KoATLLarcCa, 1146, a.             Kpwo~Aos, 328, b.
KeAEUCT'rS, 782, a; 944, b.       Kojutu4s, 1146, a.                K'rets, 881, a.
K4Eh', 287, b; 610, a.            Ko'vsvAos, 752, a.                KT'r7cara  459, b,
KlE',Tavpos, 153, b.              KovicdT7S, 870, a; 979, a.        K6aOos, 380, b.
Ke'Trpd.aiat, 410, a.             Kovtbro&s, 1153, b.               KvducAo, 57, a.
KEpala, 789, b.                   KovT'rs, 357, b; 789, a.          Kvavai*cov, 224, a.
Kepat'rzs, 59, a.                 Kordvov, 768, b.                  Kvta, rpes, 1005,:b; 1006, a.
Kepapue6s, 532, b.                Korl's, 622, a.                   K6vos, 372, b; 1112, b.
Keputzov,, 532, b.                Ko'7r-TEZ, 627, b.                KvuOnpobiK-;, 888, a.
K'patcos, 210, a; 532, b; 1098, a. KopaS, 627, a.                   KStK.Aa, 378, a.
K4pas, 126, a; 789, b.            Kgpka6, 280, a; 344, b.           KuKcAts, 381, a.
Kepariov, 1213, b.                K4p-7, 891, a; 892, b.            KvicAoradoaKaAos, 279, a.
Kepcties, 1122, a.                KopLveOa iK4pn, 606, a.           K6cXhos, 35, a; 298, a; 1034, b.
Ke'pvoz, 1000, b.                 KopLvOta'orC'Oat, 606, a,         KVAcnos, 714, a.
KEpooXoI, 790, b.                 Kopv'eavTres, 364, a.             KD/.a, 381, a.
Keqazk4, 133, b.                  Kopvgat'rTId, 364, a.             KV6'zcaXov, 381, a.
Kr7raia sapa, 425, b.             KopvgavrzlTIAs, 364, a.           Kv4%uG, 381, a.
Khros, 618, a.                    KWpv~uos, 328, b,                 Kuvvw,, 565, b.
K-qpoypaqpa, 903, b.              Kopzv,7, 881, b.                  Kvvye'rCTbv f aifaTpov, 1186, a.
KvplcerCtov, 218, a.    -         Kpvs, 565, b.                     Kvvo'aoupa, 147, b.
KrIpvicoY.. 218, a.               Kopvzqpala, 548, a.               Kvvdrouvpos, 147, b.
Ki-Tos, i52, a.                   Kopcwv7q, 126, a; 627. a-         Kupaotria, 920, a; 1130, a.
Kvcppe!s, 148, a.                 Kopcctvis, 325, a; 363, a.        KVpgels, 183, a.
Kitapt3, 720, b.                  KOO-L2T'7, 365, a;  581, b;   Kvpa,!7, 399, a.
KiOap31ta, 977, a.                  624, a.                         KupLot, 101, b.
Ktvvagos, 235, b.                 Kooajoi, 365, a.                  Kvpios, 213, a; 377, b.
Klovc-s, 556, b.                  Kooada'aAmoz, 282, a.            Kwco,, 152, b.
KiO-Tr7, 288, a.                  Ko'Tvos, 831, b.                  KwjSov, 673, b.
KuT'roPopos, 288, b.              KOT"raGeCoV, 366, a.              Kciovw, 1133, b.
Kiwv, 323, a.                     Kor'ardGov, 366, a.               K&ea, 673, b.
KXap&'TaL, 366, a.                KJrrTaos, 366, b.                 KwAaKpE'Tat, 310, b.
K.etrovXoL, 1111, b.              KO'TTTfes, 367, a.                Kci4os, 277, b; 279, a.
KhAeOpov, 626, b.                 Ko-TzA,1, 36fi7, a; 381, b.       KwIA*Aa, 341, b.
KAe[s, 627, a,                    KoTu''rta, 367, a.                Kcvalov, 593, a.
KhvAXpa, 615, a.                 Kovpi, 328, b.                    KczvoYrc7ov, 351, a.
4L




1250                                          INDEX;iX
K&7r7, 239, a; 788, a.             Ao-yL-Tcai, 36, b.                -MEdor', 101, b.
Kw7r6, 384, b.                     AoyLarTlpLov, 479, a.              MEXav,:1.70, b.
KwpuvcoAaXta, 583, a.              AoyLo'Tr7s, 222, a; 478, b.        Me'XavS4Xov, 171, a.
Kcipulcos, 195, b.                 Aoyoypdpot, 710. b; 1085, a.    MEAta, 587, b.
Kcs, 260, a..Aoyo7rooi,! 710, b; 1085 a.        MEAfCpa'ov, 1205, b..Ad-yXro,'587, b.; 588, a.         MeCATTO'Ta, 555, a.. Ao'yxocppol, 587, b.             MeAAetprlv, 446, b.
A.                 "AoaETipv,;183, b.,MeXowrota, 778, a.
AotGaf, 1000,:a.                 "MeVeAdEla, 749, a.
MaO, 239, a.                       Aoisopfas aiK?1, 217, a.           MEpoG, 750, b.
Aaoyweo'Aos, 881, b.               Aovurp, 185, a.                    MeoavAiosa Spa, 425, a.
Aaywcs, o aoycs,  152, b.          AoVrTpLov, 185, a.                 MiEavAos, 5pa, 425, a.
Aazi4os, 1-186,;a.                AoUTrp,, 183, b;'189, b.          Meor7gnCpiat  408, b.
AaauraapXia, 666, a.,,   vvUjCIKv, 185, b.          MecrKovpos rrppa:,ros, 891, a,
Aaf7raa 8poAfia, 666, a.           AoUrpod6pos, 185, b.,,    cpd, 891, a.
Aa/yra5r-lpopta, 666, a.           A6pos, 566, a.                     Me0ohAaGev, 858, a.
Aafxrclabrpot, 666, b.             AoXayoxL, 483, a; 1098, a.         MEooIpatxLov, 298, a.
Aaura8iov,,892, a.                A6Xos, 483, a; 486, b; 1098, a. ME(rro'oIXos, 869, b.
AactraBoDXos &Ady, 666, a.,,  Opteos, 185, a.             MEraCdr71s, 394, b.
Aalu7rds, 666, a.                  Arcala, 720, a.'MBlerayTE'TVr a, 759, a.
Aaosaiwcos, 225, a.                AvicoptoLos, 892, a.              Me'a-yELTvLdV, 223, a.
Aapioororoiol, 1094, a.            A'Kos, 586, b.                     ME&aAAov, 759, a.
Adp'vaces, 555, b.                 A6pa, 148, b; 720, a.              METavtLr'rpls, 306, a.
Aa'ra'ye7o, 366, b.                A'Xvos, 713, a.. MeTdvi7r'rpov, 306, a.
Acra5, 366, b.                     Au- vXvOxos, 236, a; 669, a..Me7dPXLOS, 226, a.
AaT9peLs, 883, a.                  Awos, 225, a.'METadrao'ts, 280, a.
Aavpoo'T-ratr, 280, a.            AWJr-q, 710, b.                    ME'TavAos r5pa, 425, a.
AcPptLa, 667, b.                   Ac7'ropv, 710, b.                  MEr-ewpoAXo'ya, 144, b.
AE'GCUs, 827, a.                   Acv7ros, 710, b.                   ME-ohcLo'I, 166, a; 761, b.
AEl'7roapTrvpou  Ktc-q, 513, a.    Awnroa6vrs, 710, b.                M&otoCL, 761, a.
Ael7rovavTioU ypacph, 679, a.. MET7rn, 323, a.
Aet'roorpar'tou ypaq(ph, 679, a.                                      MET7rcwpov, 164, a.
Aet7roratouv ypa~p, 144, a.                     -"M.                  MewpovdAot, 762, b.
Aetvovp-ya, 679, a.                                                  -M'wrov, 786, a.
AECdVn, 366, b; 872, b.:aMdya/ts, 779, a.                  MXrl, 274, b.
AEcdmiov, 872, b.:?Ma'yepea, 35, a.               M~ MVl, 228, a.
AE'erspoY, 673, b..                MdYELpoL, 305, b.,,  arrov, 223, b.
Aeovl3EIla, 681, a.                Mda'a, 305, b; 745, b; 870, b.,,  E'lCd1Aios, 223, a.
AE'raava, 397, h.                  MaqzaCr7qptc6v, 223, a.,,   rl2 ae'ca, 223, b.
AE7rTovpyof, 681, a.               Ma'oarcwv, 892, b.,,  aor'dlevos,.223, a.
Ao'&X-/, 681, a.                   MdcieXXa, 707, b; 848, b.,,  KoXAos, 222, b.
AEVICbS &v>p, 890, b.              MaKcpdv, 344, b.,, Xywv, 223, b.
AeKIcWja, 903, a.                 Maic'rpa, 1, a.,, /LEr(v, 223, b.
Aexepva, 593, b.: MaAAds, 1097, b.,,  7ravdleVos, -223, b.
AEXos, 673, a; 673, b.             Md$aaAos, 626, b.,,    rhApls,222, b.
AE'Wv, 150, b.                     Mav8ias, 665, a.,, p- Ovwv, 223, a.
Apdpiov, 853, a.                  Mavzv'1, 665, a.                   MlYvo's, 443, a.
A.ilos, 853, a.                  — Mars, 366, b.                     M'qTpaylpTrat, 73, a.
Anjiov, 970, b.                    Mave7ov, 836, b.                  MqTrp47roALs, 313, b.
AiCveOos, 192, b; -55, a;.558, a; Mac'TErs, 416, a.                  M'rpIoov, 119, a.
675, a.                         Mav'rTLi, 415, b.                  MIqrrpcos,.225, a.
A1ivata, 411, b,                  Madpls, 732, a.                     MV1Xavat, 722, a.
AIvaios, 225, a.                   Mcipis, 732, a.                    MvXav'1, 1123, a.
AlvaLcorv, 224, a; 225, a.         Mdpiarov, 732, a.,M?uoy, 763, a.
A-/vo[, 555,'b.                    Mapo't7rov, 732, b.'MtlrOopdpol, 758, a.
A7vdy, 1137, b..                   MapTrvpia, 732, b.                 Mto-o' Wipcr,:764, a.
ArltapXLKbV'ypal. taTreov,:'3900;a. Maowri pes, 1224, a.          -Ms'OLKe.s o'cou  Lct7, 764, a.
AVLadPXOL, 441, a.                 MaorTyoz'4/, 735, a.             lVoI0cor-oi, 758, a.
A1LS, 403, a.                      Mao'rloqxppoi, 735, a.            Mi-ot, 1101, a.
A77poi, 708, a.                    Madoi-rT, 549, b.                  Mf'rpa, 764, b.
Alavojlav'rel'a, 417, a.,,  KEpauLKc, 5i5,:a.: Mirpq7, 135, a.
Atavoowpfs, 3, b.                  MaoarfX-1, 903, b.                 Mvta, 931,;b.
Atuvpvis, 786, a.; M&aapa, 197, b; 373, b.; 975, a.'IvuaTa, 556, -a.
Atluvp6v, 786, a.                  MaXaLpzov, 975, a.                 MIPvFLEta, 556, a.
Aloroz4fat, 671, a..MaXalZpts, 197, b.                 Moica, 366, a.
Aqytds, 1183, b.                   M4-yapov, 6105, a.                 My&a, 366, a.
Aicvov, 411, a.; 1183, b.         MEtyruvos, 748, b.                 ModaKes, 290, b; 592, b.
Atl:,vocp4os,, 4:11,, a; 1183, b.    NMeOioarao0ai, 513, b.           MdOwves, 290, b; 592, b.
kArpa, 709, a.;,814, a; 1213, b. MeLa7oyyds, 101, b.                 MotXElas?ypacpl, 16, b.
AIX4S, 7752, a.                   MeIAta, 436, a.                    MoAv~Bi1es, 554, a.
Aoy'obv, 1122, b.                  Me2LAgXat, 269, a.                 MOAV8&,uavTe'a, 417, a.




INDEX.                                             1251
MovcapXla, 766, a.                NdxLOjA/, 767, a; 808, b.           OivOXOOL, 1083, a,
Movdypagfa/ov, 900, b.             Nouo'aysaros   aLac~0opas  -ypa(p5,'Oo'Os, 149, b; 1001, a..
MovolucxXoL, 574, a.                 803, b.                          O.iowvioal, 174, b.
MovoXpCIla'rov, 900, b.          NofioOe'r-7s, 123, b; 805, a.      OrCWVUTfor4'-, 471, a.
Mopa, 483, a; 768, a.              Nduos) 803,, b.                   Oionvoro'Xos, 174, b.
Mopfat, 142, a.,,  cpAo8i7s, 1120, a.          OiwvooKd'rot, 174, b.
MoVVV'XLa, 769, a..,, rvOuKcoS, 977, a.'OKCptfa'TES, 1122, b.
MoVUXtIdY, 223, a.                Noao(pXaKeTs, 803, b; 831, a.'OtpiCas, 902, b; 1122, b.
Movo'eta, 772, b.                  NovtUzYva, 223, a..'Ota'dorvAos, 1;105, b.
Movere-ov, 772, b.                 Noizoos, 814,'a.'OxAryapXia, 134, b; 826, b.
Movotic, 772, b.                  Nvucpaywyo's, 737, b.'OcicaEs-, 785, a.
MoxAds, 626, b;                    NvlWpGevTrjs, 737, b.'OAcoi, 785, a.
MvKICTpEs, 713, a.                 NWovra, 610,. b.                  "OX/Aos, 768, b.
Mv5Aos 765, a.                                                       "OX/Aos, 1163, a.
Mv5al, 712, a.'OAoiavreiZ,, 999, b.
Mvptot, 780, b.                                   -.'OXoaavp4Aa'ra 6p'ya, 726, a.
M6pceKas, 269, a.'OA6Urta, 828, a.
Mvpoficto,, 192, b.              zavOKcs, 225, a.'OAvuricis, 883, a.
MvP[fvat, 35, a.                  EavObs av'ip, 890, b.              "OAvpa, 56, b.
MvPP3AvT-S, 1205, a..            Aa'Or'epos a&v, p, 890, b.'0xuoy4dAaicres, 290, a; 1154, b.
Mtvrta, 780, b.   E. eayta, 488, a.                                  "O0uoot,o 291, a; 613, a.
Mvoraycoywoys, 453, a; 477, a.    eaYa'yoi, 1222, b.'OotoXo7ia, 1081, a.
M6oTat, 453, a.                    earlhAaala, 1222, b.'OAop.wvla, 773, b.
MVo'Tra5, 780, a.                  ~e'ia, 619, a; 620, a.'O/ppados, 298, a; 488, a.
Mvaoripia, 781, a.                 Uezdas ypap-', 1223, a.'OYvtpovroAta, 417, b.
MvaorXtA, 305, a.                 eVLtKc,  761, b.'O'oyta, 800, a.
MVIospo,, 805, a; 782; a.          -e=bu1z', TE'AOs) 36, b.'O0,os, 765, a.
Mv'?Tpos, 305, a.                  -Ei4os, 619, b; 758, a.'Ofs, 4,-.a.
MV7rT[J'elV,, 220, b,              Wevacves,' 425, b; 620, a.'0O6os, 1204, b.
MiVwc, 220, b.                       o'rTrS,  979, b;.. 1043, b;'Oi4u&iqdov, 4,'a.
1223, b.                    -'O;6a&pov, 4, a; 381, b.
EIfos, 577, a.'Ouvypdcpot, 806, b.
N.- -                davo,, 1059, a.'O06jAEXl, 1205, b.
Nat&ov, 556, b.,uvoico7rla, 564, b.'O7rr}, 761, b.
Nads, 97, a; 1105, a.               oplap  &~v7p, 890, b;.'Or00rarot4os, 1105, b.
NavapXca, 782, b.                  vbpd6v, 197, b.                   "O7rXa, 135, a.
NauapXos, 782, b.                  uvaoTdpXos, 581, b.                OrA71Tjes, 1154, a.
NavichA7po, 1087, Ib.             2uo-Trp, 984, b.'07WraTt, 135, a.
Navcpapia, 782, b; 1155, b.         voTn'ds, 580, b.'Oropa, 163, b.
Na6Kpapos, 782, b.                  o-rTpaj 185, a.'OpTyacov, 722, a.
Nars, 783, a.'Opyia, 781, a.
NavTrKala oavyypapai, 525, b.'bpyUvd, 751, b; 845, a.
Navtriol Trdcot, 525, b.                         O.'OpetxaMcos, 845, b.
NaUTLICOv, 525, b.'OpOt$i3pov, 751, b.
NauvroBcaL, 793, a.'OeXds, 816, b.                   "Opitcov, 661, b.
Neado'fcos &rraA.s, 892, a.'OAoXs, 821, b; 931, b.           "OpKcos, 659, b.,iteAas, 892, a.'Oytloov, 1127, b.'Optxos, 767, b; 1006, a.,,    avOds, 890, b.'OVytca, or Obytcia, 1213, b.-      Oppvs, 149, a.
o, Xos, 890, b; 892, a.."Oyicos, 890, b.,,  a'oos, 149, a.
b.,,   7ryXp-lo-oss, 890, b.'Oowrdaypa, 275, a.                 OpoL, 99, a; 614, b.
r,,  dpovAos, 890; bI'0OVTo'dpqxia,  394, a.             "OpvylUa, 196, b.
7radpaXpos, 890, b.'07raolto, 613, a;. 1193, b.'Opb6., 152, a.,,'tapds, 890, b.'O&Y,; 851, b.'OpXiotLs, 1004, b.,,   V 7rooyICos, 890, b.'O06VLoV, 851, b.'Opx7`O-Tpa, 1122, a.
coxpOs, 890, bI.        OKc&rs, 1034, b.'OpaX-ai vs,  1004, b.
NeKpdIEo7LiWOv, 557, a.           OltcertIcOP AteCOKOVpOY, 891, a.    "Oatot, 837, b.
NetcooOI7r7at, 558, a.            Obcja'ra, 425, a..'0oaWTSp, 837. b.
NelcvopaPTre1o, 842, b.           O0 ia, 423, b.'Oo'rTpdctov,. 532, b; 555, a.
NEK4oLa, 558, a.                0O1 Las 1ca7j, 823, bI'Orr-rpacto'/zs, 514, a,
NetcKoos, 226, a.                 01LCtflors, 313, bIt.'OT'patcov, 532, b.
NeL.-aa,. 794, b.                OitoL, 425,'a.'0o'XoPdpLa,. 845, b..
9-4/eaa. 794, ba                  Obcos, 423, b.'OaXO(p6pOt, 845, b.
NeCeE7a, 794, b.                   t1K&Cotaos, 441, a.               Oasa, 533, a.
Neo~aAl.6ceis, 592, a; 705, a.     01rKOrpgatos, 1034, b.            Obiyyla, 1213, b.
NEOJAOvi'a, 223, a.               OiKt&rp'p, 1034, b.                Otytcfa, 1213, b.
Neo(p6Aarces, 1111, b.            1O1iapol,epd'oT'ses, 1083, a.     Ouoas, 624, b.
Newcrcpoa, 20, a; 795, b.         OvPo'TrpLa, 328, b.               Ob3Aaaof, 483, b.
NEC6pta, 782, a.                  OlvpaeAXt, 1205, a.                Ooss aepycrWr, 892, a.
Nec6s, 1105, a.                   Oos, 1201, a.                     OviAxvr' a, 999, b.
NEC6rOLICOLK, 782, a.             01,rlopoov, 823, b.                 OBAoXtrai, 999, b.
NUTaCeta, 1128, a.                Oi,,voXat, 1082, b.                Ot'payds, 484, a; 488, a; 49' a.
4 L2




1252                                          INDEX.
Obpavta, 918, b.                   IIaprdeo'os, 863, b.               rlervaEr7Tp's, 222, b.
OibpLdXos, 587, b.                 liapaspojAtles, 580, b.            IEvTraOAot, 883, a.
Obaas  8ti7, 461, a.       n        apaOfpa, 625, b.                  nEvTaGAov, 883, a.
VOPEIS, 136, b.                    nlapaLtda'Ts, 379, b.              I1EVT'aKooXapXfa, 488, a.'Oc0OaAhabs fdaocovos, 521, b.     IlapatcaTaCaXAELv, 596, b.        IlEvTaKcoouotA46.zvoi. 266, a;'O Doiuxos, 149, a.                I1apatca'ra~oA7q, 93, a; 103, b;    1155, a.
"Oqpts, 148, a; 149, b.              403, b; 863, a.                  IleV'aAXLOicEL, 1095, b.'OXcv?7, 298, b.                   rIapaKaTa'raOth', 102, b; 863, b.  lEVTadALOos, 582, a.
"Oxavov, 298, b.                    l napaKaTaOfr7J 8iK7?, 102, b.    IlEv'a7rTvXa, 1092, a.
"'OXtiua, 1185, a.                 lIapaAE'oyEoaL, 197, b.           JIevT7KVt'ropOS, 785, a.'OXAoKpa:'ra, 391, b; 821, b.    flapaX-Trat, 865, a.                 ievTI?7coaT4, 884, a.
3"O*7,uta, 835, b.                 fldpaxol, 865, a; 1155, a.         lEVTKOo'T'p, 483, a.'O*O0ticvl, 873, a.               rlapaXos, 865, a.                  llEVT7'ooToa6royoL, 884, a.'OOo4V, 835, b.                    nlapcueraos ac'rvXos, 95, b.       rIevT77coovr6s, 483, a.'Otqiov'uot, 836, b.               liapavoias ypao', 865, a.        IIev'4T1pes, 785, b.'Oo7rwx.eov, 722, a.              Ilapavo'iuwv ypa(rp, 856, b.   1    l'rAos, 884, b.'Oo'rc&SA-s, 722, a.               lIapa'vuvpos, 737, a.             rIEpLaK'rot. 1123, a.'Olo4rwArLa, 722, a.               nlapa7r'aa'Ta, 1122, b.           IlEpiatcros, 887, a.'O4odpaylia, 836, a.               rIapa7r4yajaTa, 154, b.           lFpiatuaua, 91, b.'OQo~?&yos, 836, ao,               lapa7rpeaCeia, 866. a.            YIpiapr'rov, 91, b.'Otchvnas, 836, a.                Ilapao'peoaEi'as ypa4pn, 866, b.    rlepihX?7/la, 79, a.
fiaparvAts, 843, a.                liepLtGAawov, 79, a.
IlapapV/aara, 790, b.             IHepioAGoE, 996, b.
1i.                Ilaparodyyri, 866, b.              lepi3et7rvov, 577, b.
rlapdoT7Luov,;699, a.              IepE'7rLos, 225, a.
fla7ypa7raoTrai, 857, b.          liapdoarTos, 892, a.               fIepliw/a, 1075. a.
lapycpd'rlov, 857, a.              flapaoK7jYuto v, 1122, a; 1146, b.  1IEplEc6XALov, 300, b.
aHyXp7a0ror, 892, a.               rlapaa-Taes, 97, a.               Tiepijppia, 524, b.
Ilamdv, 846, b.                    flapa-a'cis, 97, b; 425, b.       lIepv'eq, 788, b.
lnaiyary6s, 847, a.                Ilapdo'ratr, ev, 1105, b.          IepLiotIco, 290, b; 887, a.
Iat3aptidvs, 36, a.                rlaporata' s,' 403, b; 867, b.    nlepL7rreta, 1145, b.
lnal8wCtEo'v, 605, a.o             Iapaorcia'at, 593, a; 789, a.    fIeplro'6Lov, 639, a.
laLRov$oos, 848, a.               Ilapacbwvia, 773, b.               IIepl7roAot, 463, a; 486, b.
IlaioatrpiGal, 581, b.             rIapaxopq'ynlnua, 1146, b.          SbpiSrTepoS, 1105, b.
fa&orTpopfla, 738, b.o              apcaXpw.tos, 891, a.             IlEprrTVOOrelv, 484, b.
latlscves, 36, a.                  lIapaxt'rTrs, 185, b.             fIepppavTr'pla, 11,05, a.
UIa77iv, 846, b.                 flaooxcp*iy7-Taa, 1146, b.         TIEplacEAAis, 889. a.
naiwav, 846, b.                    liapa4i+pitrov, 892, b.           nlepio-rTa, 441, b
lIaAoapfya, 713, b.                rlapeipia, 868, a.                IleplwriapXos, 441, b.
nlahatao-Foo'vw, 713, b,           rIadpepos, 867, b.                nEPLaTvAlov, 425, a; 889, b
_Iahaawr5, 372, b; 751, b.         fIapeL'yppaqr, 868, a.           IIEptL'rextLods, 1183, a.!IaAaiorpa, 849, a.                flapetaypacpij Typacp', 868, a.    fIlpirros, 225, a.
IaAalo'pow.XaKers, 582,b.          lap~ryop~/uaTra, 1146, b.          lIepov', 531, b.
WId7a, 713, b.. Ilapi'ov, 548, a.                 Iepovrpis, 531, a.
laXyKacd7r;Ahos, 258, b.:lapj'opos, 378, b.                rIepovis, 531, b.
fIaAAaKtc7, 349, a; 892, b.        rlapOewVEla, 871, a.               fIepoeE6S, 149, a.
TaAAhatis, 349, a.                 llapOevta, 871, a.                 Ier0ao', 670. b.
TIakO'dv, 587, a.                  rlapO'vot, 871, a.                IleraLocy.dOs, 515, a.
7IaucolTita, 854, b.             MIapOevor, 150, b.                 rlrEalrTov, 920, a.
rIItpuaXot, 857, b.               Ildpooot, 1122, a.                 fIleaaoos, 920, a.
fldapvAot, 572, a.                TIdpolos, 280, a. ~                fIEvavpov, 748, a.
ldavacuos, 223, a; 224, a; 225, a. rIlcpoXos, 737, a.                 I&revpov, 748, a.
idv3ta, 861, a.                   rlapvqp?, 707; b.                  [IErpo6o'os, 1138, b.
iav3olacaov, 258, a; 619, b.      llat~ros, 871, a.   -Irv1atov, 788, b.
nlavEAh 4VLa, 861, b.              Ilaao'ocpdptov, 871, b.          nIlrniX, 565, b.
lav~'yvprs, 861, b.                HIaaToo(ppos, 871, a.             hlVXo7rarts, 889, b,
Ilavicovta, 861, b...lirraLcot, 639, a.                             Ilivn, 1101, a.
fIavoirAi', 135, a.                Iaxe7ia ypags, 892, b.            rlrvlx'c-, 330, a.
navoNXKos, 1101, a.                IealasaoL, 1155, a.               Ilvzov, 565, b; 1101, a.
lda7r7ros, 892, a.                 I olitkov, 220, b.               IHipa, 886, a.,,   Eepos, 891, b.            l lE7alovrTl'ara, 503, a.          rlixvs, 126, a; 721, b; 751, b,,  7rp&0rs, 891, b.            IefSatpoi, 488, b.                  880, b.
IlapdCaars, 344, a.             -r1latat, 840, b.                    riLOos, 1202, a.
HapaGaAWov, 106, b; 863, a.        UeAd'rat, 882, a.                 rlitoryta, 412, a.
rlapdiokov, 106, b; 863, a.       rIeAaT7rs, 295, a.                frliAjua, 920, a.
IlapayvaOiaes, 566, a.            rleAelales, 840, b.                 flitaoE, 920, a.
Ilapa'yvaOioov, 548, a.            figkekUvs, 1614, a.               TlZAos, 920, a.
napaTypacp,  93, a; 470, a; 869, nrlEraaraiL, 135, b; 487, b; 882, fILwro6v, 919, h.
a.                                 b.                              nvLaKIlw c,  144, b.
flapaywy4, 484, b.                ihE'AT7, 882, b.                   niva5, 1092, a.
pIaXaT7syr, 864, a.                 leyVe'rat, 882, b.                  E, cKKAqOlcTlSK, s, 392 b.
~~~~~~~~~~~~~~~;,&Xot'r&,32b. 




INDEX.'1253
iiLtoOWS, 1202,                   IpoWoaACfvLa E7rETElov, 211, a.   FnplXr, 278, b; 1005, a.
IlAaiortov, 485, a.                Ilpo'ovXoL, 960, a.                 rIp' vq, 787, a.
IlhaTraL, 922, a.                 Hpo'yoxeta, 737, a.                  Ipvwraveta, 210, b.
Iavaia'yEt'ot aoTepes, 922, a.     rlpoSlcao-la, 897, b.               Ilpurave6a, 103, b; 970, b.
Iaao'-ruL1, 1059, a.               rIp63o&os, 1105, a.                  lpvTavE-,ov, 970, a.
IlarI ay-A, 381, b.                1Ipo5ooia, 961, a.                 fIpvTcaveZs, 210, b; 970, b.
IAa7-a-yovlov, 381, b.             flposooas -ypa(pi, 962, a          tIlpwt', 408, b.
rlAeOpov, 753, b; 928, a.          rlp4Spo. ov, 425, b.                 lp~cpa, 786, a.
HtAELorTo XhAiSa, 1112, b.         lpoeope6ouo'a (pvMA,  212, b.      HpwrTaywmYvris,, 611, b.
ffx\067rcaros, 225, a.             Ilpoeopia, 646, a.                  rlpworwAetlv, 433, a.
rlxC7TPOv, 721, b.                 rlp6Ebpot, 210, b; 212, a.           IpWoTOo-TdrlT7s, 484, a.
fIANhlX'?/, 378, b.               rHpoetopopci, 449, a.                IlTUrUCo'V, 1092, a.
hrllpuoXdat, 454, a.               nlpoLLcpopas hfcri7, 962', b.       rlrTo0, 848, b.
nlXrwgoxo'-, 454, a.               TlpoejpoXLMs, 787, a.               lIvavepia, 976, a.
rlXvOov, 485, a; 668, a.          rlporpoo-a, or rIporlpoolat, 962, b. nlvave#btciv, 223, a.
I1lxvOls, 668, a.                 HIlpdEoLs, 555, a.                    vuylaX[a, 974, b.
TIAlvos, 668, a; 923, a.           IlpoOeoya, 460, a; 964, a.          IIv-l*t, 752, a; 974, b.
f1hAoov, 785, a.                   HpoOeqo'fas v6doy, 964, a.          nvytoo'Stivrl, 974, b.
HAovuapios, 851, a.                rIp'Oupa, 424, b.                   IIvySYcv, 752, a.
IlXvvr7ipa, 928, b.                rlpdOvpo v, 627, a.       -          vueAot, 185, a; 555, b.
Tviyos, 344, b.                   rIpoclbs 6iKLa,  1048, a.           HIVaL'Io'at, 978, a.
lv6f, 440, b.                      flpol', 436, a.                     nlt0ota, 976, b.
-I6oes, 783, b; 790, b.             IlpocidOapois, 453, a.               60,fC.os'6tyos, 977, a..Io3oicdarKct, 240, b.             r IpoItaXeTi'OaL, 398, a..          rI6~Oos, 978, b.
lIoie7v, 14, 1).                   tlpotcaaCoAXh, 1103, a.             lvO6dXprnlaroL, 480, b.
rolLELoOal, 14, b.                 rlpdic7o'tgr,  398, a; 40'3, a.;  IlvtcvdorvXos, 1106, a.
lotlros, 14, b.                     404, a; 732, a.                 IrIc'rat, 874, b.
-lot717r s, 14, b.                 HIpocoCrTLov, 428, b.              rlvicrTov, 1002, a..
IloLIcLAr4)s, 851, a.              Ilpoict6wv, 152, b.                 nvmaydpat, 80, b.
IoLvY7, 929, a.                    Hppd4oyos, 1146, a.                  lvuAata, 80, b.
roltrprwios, 224, a.               rlpoav'dra, 837, a.                HII6AX, 943, a.
HoA4dapXos, 123, a; 483, a;  fIp4uavTrs, 839, a.                       rIvAs, 943, a.
929, a. -                        lpojOetia, 962, b.                  lvhAv, 425, a; 943, b.
loXML& KardtKotos, 890, b.         Ilpopv7io-rpiat, 736, b.            XI16, 974, b.
HoXLTEta, 288, b.                  flpovriaoTrpa6Es, 736, b,           nvtaltov, 978,. b.
1oAtbrrs, 289, a.                  rlp6vaos, 1105, a.                 HIvtLov, 1711, a; 216, a.
ioAtLroqVhAaices, 1094, a.          lpoae~Va, 619, a; 620, a.         flv'ts, 978, b.
Id6Aos, 615, a; 929, b.            Up64,Evos, 620, a.                  IIU6os, 216, a.
tioAl/u7Tos, 1101, b; 1102, b.. rIpdrovs, 790, b.                   hlvpdypa, 545, a.
IloXv'rTvXa, 1092, a.             rIpovrl5Aaia, 963, a..              liopat, 555, b.
lnotVrw, 931, a.                   HpJdpt7jr5os, 897, a.              nrlpyos, 481, b; 976, b; 1774, b.
rIv,'ros, 226, a.                 Hrpoa7ccarCaixa, 1103, a.            nvupa, 185, a.
IIopL-Trai, 942, b.                rlpoo'tebdiXeLov, 555, a; 673, b. Ivp taTrptov, 185, a.
nlopveov, 605, a.                 flpoo'c4viov, 1122, a.              nvpoL.avTeta, 417, a.
Ilmdpv, 604, b.                    HIpdJrKOIATrTs, 403, a; 733, a.     fluoqp3x{. 1005, a.
HnOpVIKv rdAos, 605, b.            rIpoo'CtVo'ls, 16, a.              nv PHlXStX rai, 1005, a.
Hopvoootrcol, 605, a.              iprooaovor  ypci4acOat, 211, a..    IIya,'v, 196, b.
HopYOooKc6S, 891, b.               Ipooaris, 425, b.                   nwhAXrat, 884, a; 929, b.
nIopro-ypacia, 912, a.             Hpooa-T pTPlos, 224, a.              IwXo wrJptol, 929, b.
rlopvorFA\,vat, 605, b.            Ilpoordwrfts, 295, a.
hdpra,, 298, b.,,   TroO &i.ov, 964, a,.
ldp7r/, 531, b.                    rIpoo'TLtav, 1133, a.                               P.
Io'p7rrla, 532, a.                 Ipo-rtLpFoaaO, 1133, a.
Too0ELtsdcv, 223, a;  224, a;  Ilpoo'rTgy-oa, 1133, a.'Pa3i1ov, 903, a.
225, a.                          HlpoosTdov, 425, a.'Paaov4dtxot, 32, a.
noaeldMvla, 945, b.                rIpo-TrvAos, 1105, b..'Pd8os, 402, b; 1209, a.
IlooraadCY, 225, a.                np.o'.ovrra, 457, a.'PaG8ovhXot, 32, a; 1125, a.
noTau6s, 152, b.                  Ipo&r'ruTros, 1181, a.'PaopLd.pp,.4, 1125, a.
Ilo'ro, 1082, a.                   IIpocwort:nov, 889, b.'PaClvolos:;.226, a.
IIovs, 751, b; 893, a.              Ilpd oa'rov, 889, b.'ParT177Ip, 726, a.
flpda'opes, 951, a.               rlpoorAeta?yad4wv, 737, a.'Paifs, 13, b.
Ilpa5tepyilat, 928, b.            HIpo'ropf, 133, b.'Pyea, 673, a.
rlparT1p AMos, 1034, b; 1205, b. IIppdroor, 783, a; 790, b.'Pr7T'r v X oxiv[', 903, b.
HIpeoC6Tr,7,    891, b.            rIporpvtyta, 964, b.'PFrTOPIKd -ypa(ph, 462, a; 994, b,
rlnps-i0TipCsS 543, b.             11 npo~veEKCoL, 36, a.'Prwrpa, 804, a; 994, b.
lpG-rtls, 151, a.                 rIpop'im7s, 453, a.'P4Twp, 994, b; 1086, a.
Inptwv, 1029, a.                   IlpoIPTLTs, 837, a.'Ptvonr;Xq, 943, a.
rIpod7,evovis, 453, a.            INpoxelpoTovi'C, 211.'Prl's, 539, a.
Ilpoaoyoyeias  ypa'p4, 958, b.      lp4Xv/.a, 1201, b.'Ptlrmoswp, 539, a.
nIpogoxi, 426, a; 958, b.          Ipowuoo'fa, 92, b.'PoSavr7, 1100, a.
rIpogoAevAua, 210, b; 806, a.       lpvXA'EY, 278, b; 1005, a.'Po3'ueX,, 1205, h.
4T, 8




1254                                          INDEX.'Po&7rpoz,, 627, a.                 Kevrl  7rXeICTd, 788, a.          2Tpar6s, 481, a.'Pvicdvo, 996, a.                 cKEUVO(opOS, 623, b.                 Trpe7rTr&s, 1140, a.'Puia, 185, b.                    Kirc7't, 1122, a.'rpoyy'6Aat, 784, a; 785, a.'PvUUdr, 117, b; 378, b.           gK71rT0oOx, 1011, b.;rpoEE6s, 241, a.'Pv7rapoypacia, 912, a.',ci7rhrpov, 1011, a.               ip&ptpy/, 241, a.'PV'(La, 1081, a.                  ~tcia, 900, b.!.rpT4toL~, 477, a.'PuTJr, 995, a.                    KicLa'ypacpfj, 900, a.,'vAos, 323, a; 1071, a.'Pw/,faios, 225, a,                ~rctaLypapia, 900, b.              Turvpdalov, 587, b.:K'-tELtoV, 1213, a.               rT6pa~, 587, b.
mYcta7cpopia, 623, a.               vyyE'vLa, 595, b.
-:4CLa10rov, 1213, a.             -:vyyeves, 595, b,
CKa[tl'Kf?7l, 1213, a.             4vyypacpe7s, 960, a.:c{avov, 851, b:          KVLdOpov, 615, a.                 4vyypacp4,  1086, b.
Zac77rt, 1007, a.:Zla'S, 944, a; 1128, b.             V-yMr'A7os ficKAoiGa, 439, b.;ayyp'eb6eL,, 990, a.             KI'/lrovs, 67'4, a.                 4vuyacoluoar5pLa, 76, b.:ay5z?', 989, b.                   =;-tpodpopAv, 223, a.              vu:Ko4dv7, s,:1079, b.
~d&yov, 710, a.:KoAd~, 553, a.                    2vKoCpavTras ypa(pO, 1080, a.
YaKctdas,   1203, a.:-tdQoi/, 370, b.                    JeAat, 1080, a.
dciKtos, 329, b; 996, b.          cE~op7rLos, 151, a.                  vXAo'yEs, 1080, b; 1224, b.
dIcos, 135, a.                     Z 6Oaw, 391, b..vPACd6aao v, 1080, b.:aAa.!vrLa, 865, a.                Ztcupfa itmcJ, 1013, a. o:vi@oha[aov 7rapaCdcoewsr  8c'r,;aXaulvrot, 865, a.                 cvuraiMX, 1013, a.                  1080, b..a'Airryt, 1170, b.               ~Sg~y/a, 57, b.                      vuWoXh, 304, b.
Yapg6icl, 1007, a.         -        /xrz, 274, 1); 420, a.             vpohoXop, 402, b; 1081, a..ZaLal~Icmrat, 1007, b.o            liYVr/, 984, b.                    uviooAwv.&7rorb ViaL, 1080, a,.avod.tov, 1007, b.:oJxos, 415, b..V~/xouXot, 868, ao
~tvaaXop, 1007, b.                 Zopoi, 555, b.                     2,V'uaXot, 1050, a.
Bavli, 625, b.                      radOrl, 118, b; 577, a; 1101, b..vut~opia, 449, a; 1160, a.
Zdpaicov, 59, a.:irag0rTs, 1101, b.                  vtuxrdo-tov, 1082, a..ap~Lv, 989, a.                    27rdpyavov, 634, a.               Zvwpope's, 485, b; 929, a.
dpt&o'a,  or Ydpwavoa, 488, a;   -rapro7roA'os AEItcICS, 892, b.       vuvppwzvia, 778, b.
589, a.                          7reapa, 1053, a.                  2vvaoysyO, 357, b.
Zc'rvpos, 1141, a.,7rre7pa   3ooeaL,- 269, a.       4vvadha.y/aa, 1080, b
Zavpw'r7c p, 587, b.               Yrepilov, 853, a.:6V,3Acos, 1084, a.
4E~ao-rJs, 225, a..r7reZpov, 853, a.                  4vvzpopA4, 144, b.
ZEXpados, 379, b.:        -TLrOapXt, 372, b; 751, b; 1053, b. ZvvEpLov, 1084, b.
leipacOdpos, 379,'b.'royyia, 905, a,                    vYvepot,:1084, b.
EEpLors, 152, b.                 Ynrovaai, 306, a,; 100, a.            Zvvylyoprdv, 1086, a.
ELciXLBOeLa, 1014, a.:rovsogo'poL, 607, a..wvvyopos, 124, a; 478, b;
ZEl7o'po,, 1046, a.:27ro'vvAoN, 971, a.                  1084, a.
wZtif;, 142, a.':aSLoRpo'dot, 1055, b..vm0f, Oj, 1080, b.
wcl7cds, 260, b; 1105, a.           rS.CLov, 1055, a.                  UvvOltcc,  w-rapaedore& s 8t[rr,
27.maiat, 1044, b.                 E-ac1os, 1055, a.                    1080, b.:4t/Aara, 556, a.:-raO/xoi, 931, a.'vOj.uta, 11113, a.
TLyeLop7pLoL, 806, b.:ra0O's, 624, b; 706, a; 729, a. SVvooos, 357, b.,71UteAot  638, a; 1044, b.:4TaOAo0XoL, 1087, b.              EvvolKEOLa, 1087, a.
0E'vta, 1071, a.                   rTa'otrIov, 1146, a.               vuvol:a, 1087, a..tLVpoyaTave'La, 417, a.           2'raT'p, 1056, b.                  Svvovor'a, 357, b.
tIeALK.6s, 892, a.                 T'ravpos, 370, b.                  vtT"ra-yia, 488, a.
l'iCLYIS, 280, a.:i-arpvAoop4A/ot, 242, a.           vvUrcitetLr, 1084, b.
Ztv&sC, 851, b.                   -:re'u La, 1029, b.:,V'TraZs, 446, b.
-to'apa, 882, a.'ieEpav7prXAcot, 1029, b.:vvTrcAeLa, 1160, a.
Z:tbppva, 882, a.                   reepavo7rA.Kitov, 1030, a.        ZVYTeXAes, 1160, a.
ZvTevT~s, 520, a.               -  reoavo7rAoKcoi, 1029, b.;UvvTpir' papXot, 1159, b.'lrTpEo'Lov, 487, a; 1048, a.       depav~os, 148, b; 359, a.         Zuvwpis, 378, b.
Ztlro7rCAaL, 1047, b.             MieT&',w^a, 1029, b.:VpvyT, 1088, a.
_iTos, 1047, a.                   ~r>Xat, 550, b.                     Sv6p/a, 1088, b.:irov 8iLc~, 1048, a..        -,4,w'v, 1100, a.:VIccrn'ot, 357, a.!LTofrvXatcElov, 618, a.           ~'iXOS, 280, a.                   ZvOiLTLa, 1088, b.
lTroLp06AaICes, 1046. b.           Zr.AEyyts, 185, a; 329, a..        rVo-ra-ls, 488, a.
Zrw3vaa, 1047, b.                  Zrod, 944, a.                       vr'TvAXos, 1106, a.
fcaida, 52, a.                     T-oXOS, 280, a.                  Zcpayis, 373, b.:2caA[s, 1008, a.                  rWo'Aos, 786, a.                  Zqpapa, 918, a.
UKaXapoi, 787, b.,Td4uAov, 548, a.:ipacpat, 269, a.
tcaordvln, 848, b..T-oxeaoV, 615, a.                Spatpe~s?, 918, b.;aIcairgpa, 582, a.                PrcpdieTos, 225, a,:pafpt'ts, 582, a.'cdon, 366, b; 7.86, a..        rpa-rq7yir,ais, 1074, aY.        Salptofr4pwov' 582, a; 918,
tcac[ov,, 848, b.                 ~'rpamT-yds, 5, b; 27, b; 1073, a.    b.
vIcE&rapvov, 141, b.,,       A       &r' 8owtcuo'eW,   pmalpta'Trtc2, 918, b.
4trE6n7,cpE,UaorTC, 789, b.                     1097, a.             ~ckatpia'Tc&s, 582, a; 918, b.,, ~t3va, 788, a.               4'rpaTrdlvcos, 225, a.              PqalToTpa a, 918, b.




INDEX.                                           I255
cPatLpoyaXta, 582, a.            TLOlvLvaa, 1134, a.               Tp',yoTros, 1203, a.
e(psv&4r, 96, b; 329, a; 553, b;. Tit.IA.a, 266, a; 467, a;. 469, b; Tpvuyo3fa, 41.1, b.
1056, a.                         t131, b.                       Tpvy1Bot, 411, b.
Apev3ovr4Tat, 553, b..           T.aTrEL'a, 260, b.                TpvTdrvr, 1170, a.:(,Ptvo7rcoywv, 890, b; 892, a,    TlI/x'mTs, 260, b.              TpvpdNEla, 566, a.
P7ry~KT7 p, 136, a.              T'toIcparta, 827, a.              TvXeov,, 673, b.
pMies, 721, b.                   Tf~pV, 56, b.                     TWX7, 673, b.
cpJpayts, 95, a.                 To7Xos, 868,. a.                  T-dtx.os, 556, a.
p0ivpa, 726, a.                  TotXwp6Xos, 593, a.               T6/traVOv, 1180, a.
cpuvpiov, 726, a.                ToKoyA(kpot, 525, a.              T;ros, 532, b; 545, b-; 1181,a
BXE38at, 783, a; 936, b.         TKcot EyyeLOL, 524 b.             TvpwvvL'os ypaj1l, 962, a.
YXtIia'eTpa-cywVov, 602, a.,,  yyvuot, 524, b.            Tvpavvs, 1181,.a.
ZXolv'a, 790.,,  vavTtlcol, 525, b.         VTpavvom, 1181., a.
4XOLroCdTrs, 553, a.            Tdcos, 524, b.                    Tbpois, 1174, b.
Zxovos, 1011, b.                ToAtvrn7, 565, a.
ZwcXjv, 538, b.                  Tduovpot, 840, b.
c.orCOpa, 1035, b-..             Tvot, 673, b.                                    t
lwcppovo'rT44piov, 240, b.       T'vos, 773.
TdiapXoL, 391, b.'TCadES  150, a.
TVAEvua, 1001., a.'TaIlvOla, 621, bb,
T.                TobtvrTp, Totevmr'-,- 151-, a.'Tarciv,0os, 224, a..
TotoO r'cq, 126, b.              "'TaAos, 1209, b.
Tayd4s, 1093, a.                 To'ov, 126, a; 149, b; 151, a. "Thpecos  ypaqp, 73, a; 124,. a;
TaLV[a, 521., a; 1-075, a.       TortoTaL, 391, b.                    622, a.
TaLviStov, 1075, a.              Tov7rEa, 790, a.                  "VTaTos XVoCts, 151, b.
TaAXavTa, 706, a.                TopEvTLKi,  218, b..'YTpaycyo7a, 108, a.
TdaavTov, 810, a;. 931,1b,.     Topdv77, 1169, b.'T8payE&'Ts, 765, b.
Ta'rapos, 220, b.                TpC7ol, 1141, a.'Tipavo's, 453, a.
TaAaaria, 1099, b-.              TpaTywpia, 1140, b.'TSpa6AM.s, 622, b.
TaAaolovpya, 1099, b.           Tpdire'a, 749, b.'TlpavkutK, o3pydvov, 622, b.
TaciLas, 1096, a.                Tpc7re'at, 473, a; 474, b; 556, b. "TqpavhXs, 622, b.
TaclEia, 738, b.,,   8&evrepa, 305, b; 750,a.'rTpn, 148, a; 153, b.
TatiapXot, 1098; a.,,  7rp-Tai, 305, b; 750, a.'Ttpia, 1048,b.
Tdt(s, 486, b; 488, a.           Tpa7re'rat, 130, a..'  LpLa3opga,. 623, a.
Tdc7rs, 1097, a.                 T.paeroKcdlxos, 305, b.'TpdAPeXg,  1205, b.
Tdaris, 1097, a..                Tpawreorords, 305, b.'Tporoi9AQY, 1205, b.
TaPPds, 738, a.                  TparAaros er  c irpoooias, ypacpn,'TYpos, 153, b.
Tdipoog, 368, b.                    1148, a.'T.3poXJos, 151, b.
Tatopec6S, 224, a..               Tpdbpr1/, 787, b.                 Towp, 151, b.
Taipos, 150, a.                  TpaXe~ia? KV7, 1013, a.'TA.wpoi, 623, a.
Tciapo, 556, a.                   Tptaypdrs, 883, b.'TktAlo7p, 1203, a.
Tawpporotoi, 469, a.             Tpialva, 564, b.'TAAe~s, 572.; 1153, b.
Tdappos, 1183, b.                TpiaKades, 557, b; 1154, a.'TAwpo', 623, a.
Taxv'ypapoL, 806, b..            TpLatKdS, 223, a.                 Trvvs, 118, a.
TeOpo7rros; 379, b.              TplaKoo1o,luoE'&qivot, 266, a.    VT'raOpov, 1105, a.
TetxLov, 868, a.                  TptCo'Xoa, 1148.                 ~'TratOpos, 1105, a.
TeLXo'roLs, 1099) a.              Tpiwrv, 853, a.'Traartwrf-at, 485, b; 488, a.
TEZXOs, 769, b.                  TpLCio,,V, 853, a.               VT7ra'ros, 352, a.
Texa/Acjv, 196, a.               TpLtwvofpdpot, 853, a.'rrE'pat, 783, b: 790, t.
Teh.Eov EatpZrcdv,, 892, b,.     Tpycovov, 149, b; 1007, a..'T7rep~EprTaso, 225, a.
TEXETa', 781, a.                 TpteVpL's, 222- b.'Twrep~peTos, 226, a.
TeAos, 488, a; 1103, a.         TptnpapXta, 1158, b.'Tr'epelwepos, 456, b; 460, a.
TEAXwva'PXr?, 884, b; 1102, b.   TpL'IpapXot, 1158, b.             "Trrepov, 768, b.
TeXc6'Vs, 884, b; 1102, b..      TptlpeLs, 784, a. -'rep,$ov, 423, b; 425, b.
T/Yevos, 1103, b; 1104, a.       Tprlqporotot, 785, a.'TfrE'Ovos, 122, a; 478, B.
TeTrpdSpaxpov, 438. b.           Tpi4wa7ro, 1101, b; 1102, a.'T'7r,7j, 196, b; 780, b.
Te6rpaXoyia, 1144, a.            Tpiquta, 1082, b; 1204, b.'~7'rrqpeoia, 623, b.
TeTpaopfa, 379, b.               Tpbrovs, 1162, b.'TT7r/pETS, 623, b.
TeTPc'PX77s, 1119, b.            TpL7r'tXa, 1092, a.             "'frAMu7ca, 790, b.
TerpapXL'a, 488, a; 1119 b.      Tpra, 557, b.'TrogokAws, 1122, a.
TeTpaco-rvXos, 1105, b.          TptaywyvloT7rs, 611, b.'TwrogoAjs ypa4ip, 623. b.
TETpfpetS, 785, b.               Tpt'rTta, 1000, a.'T7r&yatov, 556, b.
TE'rpwCoxov, 438, b.             Tpltr'~S, 11-54, a.'Tirryetov, 556, b.
rer-rapdtcomTa, oi, 1119, b.     TptXoAa~ls, 275, a.'rTroypayylarels, 577, b.
reiXEa, 135, a.                 TpiLls, ) wrapaorrevTEtvc,   76,. a.'TroypawQs, 903, a.
T'eE'YOS, 1134, b.               TpuircoAov, 402, b.'Trdyw6,a, 220, b,; 1007, b.
Ir4yavov, 1008, a.               Tpowaov, 1168, b.'Trrod(&ar'a, 789, b.
T7XAs, 59, a.                    TooqxPr, aios-, 168, a.'YTro06i/c, 525, b.
tlipa, 1130, a.                  TP'XlXos, 1053, b.'TAroAdXtov, 280, a.
rldpas, 1130, a.                 TpoXdS, 378, a; 532, b  1168, b.'T7rioqr/x0pTal, 624, a.
TtLfptos, 225, a.                TpvuCAov, 367, a.                 TrrOKpttp1r'p, 611, a.
4L 4




1256                                       INDEX.'TiroM.vlov, 1138, b.           4,vXj., 486, b; 1152, b.         Xoes, 412, a.'Tmropefoves, 291, a; 613, a.,vAoGao&iXAeT, 478, a; 899, a.   Xoe6st, 280, b.'Trdvouos, 374, a; 457, a.     4,iAov, 1152, b.                 XoivmKis, 378, b.'Tro-dtolv, 1129, a.            4,uo'ai, 543, b.                 Xomvit, 276, b.'T7rpx-,ua, 624, a.             4caowv, 851, b,                 XoLphvat, 971, a.'TrroowKiviov, 1122, b.,ooTaywyla, 454, a.             Xopev'rat, 276, b.'Troxahlrila, 548, aO                                            Xopq7ye-obv, 277, a.'Y7rdX/, 989, b.                                                 Xopryla, 276, b.'Twrriao'tpds, 858, a.                         X.                Xopr7iy's, 276, b.'T'7rwootoa, 92, b; 399, a; 403, b.                              Xoposdo'..acaXos, 276, b.
V'TorAwt, 285, a; 1055, b.       XaAttrds, 548, a; 790, b.        Xopo's, 277, a; 584, a.'Tor6s, 588, b.                 XahcKea, 270, a.          -,,  It6KcXKOS 279, a.'TorepodroT'loi, 557, ao        Xda:cELov, 366, b.               Xovs, 280, b.'TcqCvTac, 1099, a.             XaxIcOiKta, 270, b.              Xpeovs KiBt, 280, b.
XaAvco'zrs, 1084, a.             Xp~ua7'a, 808, b.
XaXKds, 25, a.                  Xp17ouooi, 416, a.
4,.               XaAKovs, 270, b.                 Xpaoyj6hAoyoL, 416, b.
Xa/,e/v4), 675, a.              XprTryptsov, 836, b.
q*a~p&YrTaL, 1111, b.           Xaueuvsovr, 675, a.              XpovoAoyia, 280, b.
4,aitivsa, 918, b.               XapaKEs, 1183, a.               Xpvuo-s, 180, b.'&dXayyes, 894, a.              Xap&zYLotL ICALaKES, 1123, a.    Xpvcuoos, 1056, b.!,aXa'yyapxia, 488, a.          Xe6Zga, XEsipcg, 163, b,         Xpvuo'vTrol, 366, a; 1034, b.
4daayT, 481, b; 488, a.         XELpe7KoayeoV, 729, b.           Xp6.'et,, 900, b.'dAXapov, 894, a.                XElpL&W7Tbs XLt'coV, 1173, b.   X6Tpa, 827, a; 1000, b.
4bXos, 566, a.                   Xetp6ypal)ov, 271, b; 1087, a,   Xv'Tpat, 35, a.!,avdr, 524, a; 669, a.          Xetpo'dlairpov', 305, b; 729, b.   XvTpLs, 827, a.
qapeTpa, 894, b.                XelpovzhrTpov, 729, b.           XV6rpot, 412, a.
4!apuaKcelas ypaopi, 895, a.     XelpoToveZV, 271, a.             Xvr'pos, 827, a.
tbapuatcev'rpiai, 895, a.        XeLpoTo'-rTol, 271, a.           X&/xa, 31, a ~556, a.
*apuaKdFes, 895, a.              XEtpoTodL'a 271, a.              Xwpls oico&vYes, 705, a.
$ap/uaKot, 1120, a.              Xetpowv, 153,: b.
PapzdiKcwv'ypat, 895. a.        XEAL&$vPa, 271, a.
4apos, 850, b.                   XeAtVItovrrat, 271, b.
~bdpos, 895, a.                  XeAvs, 148, b; 720, b.
4dcryavoz, 677, a,               XeAcbVV, 720, b; 1118, b.'dAtov, 136, a; 548, a.
d"oG7Aor, 895, b.               Xgpora, 57, a.
4doats, 895, b.                  Xe'pvlo',, 729, b.               TeAtov, or 545hXov, 136, a.,etE81sls, 1090, a.              X'pvLt, 303, b; 729, b.   -      tevaeypaQ7s ypaci, 971, b.
4ELt'rTa, 1089, b.               XqAalz, 151, a.'euvofl7rTrCpos, 1105, b.
E4,vKd?7, 330, a.                X~7juj, 271, b.                   EVO 7ES    Pa, 294, b
DepvtS, 436, a.                  X7nowvcos, 786, b., 294, b
IO&ivrvwpov, 164, a.             XqpworTafi, 596, a.                972, a.,Bopd, 17, a.                    XO6via, 282, a.                  TevoJuapp, 892,    724, a.,,.V  A.evOEtpwC, 898, b.    XLAapX[a, 488, a.          TevoYoapurpreposv   1105,  a.,tdA,q 871, b.                   XLTJ6, 1171, b.                  Thf tola, 21 1 a 442, b- 805, b.
ibOS, 548, b.                   i,,  jaupjuacXaaosy 1173, a.'Yqpos, 95, a; 670, b; 971, a.
A.totios, 223, a.,,  ETEpoLdo'XaXos, 1173, a..  Ao  135 a.
4ogeta, 238, a.,,  opOoo'-dtos, 1173, b.      PlXO'r7rt8es, 1097, b.
4oivitK, 147, b.   -,   aoroAcsordr, 1173, b.'VK7c p, 972, b
Q,6vos, 896, b.,      L aOXrLds, 1172, a.     JuuofopreZv, 842, b.
~4PvoUv 8[c?, 897, a.                  XE'POcVTo's, 1173, b.
iopapdpot, 672, ao              XLTv&vLa, 275. a.,,ope'ov, 671, b.-               XiL&VLOv, 1171, b; 1173, a.,,dpjuiy?, 720, b.               XtVLwrVcKOv, 1171, b; 1173, a.                 fl.
~p/1.L0o, 1047, b.              XxAava, 665, b; 673, a; 674, a.
4,poos, 104, b; 898, b.;        XXalvlov, 851, a.'Capiwv, 152, a.
Inopi7,yol, 785, a.             XXaf~ts, 275, a.'nCat, 572, a; 1154, a.
4opTIKad, 785, a.      X-XAatt5aiov, 275, a.'naesov, 822, b.
Lpatrpa, 290, a; 572, a; 1154,b. XAavtL'ov, 851, a.'1xev,7, 1213, a,paTpKcbv ypa/uaLcTeuov, 15, a.    XAavrs, 851, a.'Q!zoqparya, 413, a.
4bvy?, 513, a.                  XXavioTLoI, -851, a.'peoov, 618, a.
OpOcos, 551, a.                 XXt&tP, 136, a.'pfpwov, 152, a.
4,vAatcdZov, 250, a.            XAdELa, 276, b.'npoAylov,, 615, a.
4,6aKIes, 868, a.               XAotd, 557, b.'flpooKo'ros, 144, b.
uvxact7'rplov, 91, b.           Xoai, 557, b.                    -ns, 533, a.
Iv'AapXol, 487, a; 899, a.      Xoaovu, 759, b.'naoXojqpia, 845, b.




LATIN INDEX.
A.                Actarlus, 7, b; 8, b.            Actio negotiorum  gestorunm,
Actio, 9, a; 642, a.                     794, a.
Abactus venter, 2, a.,, albi corrupti, 74, b.,,  noxalis, 10, b.
Abaculus, 2, a.,,  aquae pluviae arcendae,,,  ordinaria, 10, a.
Abacus, 1, a; 904, a.                    115, b.,,  de pauperie, 880, h.
Abalienatio, 728, a.,,  arbitraria, 10, a.,,  de peculio, 1037, b.
Abamita, 310, a.,,  arborum furtimcaesarum,,, perpetua, 10. b
Abavia, 310, a.                          564, b.,, persecutoria, 10, a.
Abavunculus, 310, a.,,  auctoritatis, 173, b.,,  in personam, 9, a.
Abavus, 310, a.,,  ex bona fide, 10, a.,,  pignoraticia, 917, b.
Ablegmina, 1000, a.,, bonae fidei, 10, a.,,  poenalis, 10, a.
Abmatertera, 310, a.,, bonorum   vi raptorum,,,. popularis, 1200, b.
Abnepos, 310, a.                         564, a.,, praejudicialis, 954, a.
Abneptis, 310, a.,,  certi incerti, 268, b.,, praetoria, 10, a.
Abnormis, 806, a.,,  civilis, 10, a.,,  privata, 10, b.
Abolla, 2, a.,,  commodati, 341, a.,, prosecutoria, 10, a.
Abortio, 2, a.,,  communi dividundo, 341,,,  Publiciana in rem, 974, a,
Abortivus, 2, a.                         a.,, quanti minoris, 982, a.
Abortus, 2, a.,,  confessoria, 350, a; 1032,,, rationibus  distrahendis,
Abpatruus, 310, a.                       b.                              1178, b.
Abrogare legem, 682, b.,,  damni injuria dati, 383,,,  de recepto, 984, b.
Absentia, 988, a.                        b.,, redhibitoria, 985, a.
Absolutio, 647, b.,,  dejecti effusive, 388, a.,,  rei uxoriae, or dotis,
Abstinendi beneficium, 598, b.,, depensi, 640, a.                    438, a.
Abusus, 677, a;  1221, b;,,  depositi, 394, b.,,  in rem, 9, a.
1222, a.,,  directa, 10, a.,,  de in rem verso, 1038, a.
Accensi, 2, b; 495, b; 502, b.,,  de dolo malo, 373, a.,,  rescissoria, 641, b.
Accensus, 535, b.,, de effusis, 1200, a.,, restitutoria, 641, b.
Acceptilatio, 2, b.,,  emti et venditi, 459, a.,,  Rutiliana, 996, a.
Acceptum, or Accepto, facere,,,  exercitoria, 480, b.,, sepulchri violati, 562, a;
or ferre, 3. a.,, ad exhibendum, 511, b.              1 200, a.
Acceptum habere, 3, a.,,  extraordinaria, 10, a.,,  Serviana, 918, a.
Accessio, 3, a.,, in factum, 10, b.,, pro socio, 1049, b.
Acclamatio, 3, b.,, familiae erciscundae, 520,,,  stricti juris, 10, a.
Accubita, 3, b.                         a.,, temporalis, 10, b.
Accubitalia, 3, b.,,  fictitia, 10, a.,,  de tigno juncto, 564, b.
Accubitoria vestis, 1087, b.,,  fiduciaria, 536, b.,, tributoria, 1037, b.
Accusatio, 368, b.,,  finium regundorum, 537,,,  tutelae, 1178, b.
Accusatcr, 13, a; 648, b.               b.,,  utilis, 10, a.'Acerra, 3, b.,, furti, 563, b.              Actionem dare, 11, a.
Acetabulum, 979, a.,, furti adversus nautas et,     edere, 11, a.
Acetum, 1204, b.                        caupones, 564, b.        Actor, 13, a; 48, a.
Achaicum fcedus, 4, a.,, honoraria, 10, a; 258, a.,,  publicus, 13, a.
Acies, 587, b.,, hiypothecaria, 917, b.      Actuariae naves, 785, a.
Acilia lex, 986, b.,,  inanis, 10, a.             Actuarii, 7, b; 8, b; 13, b;
Acilia Calpurnia lex, 77, b.,, injuriarum, 699, a; 1200,            807, a.
Acinaces, 6, a.                         a.,,  centuriales, 30, b.
Aciscularius, 141, b.,,  institoria, 639, a.        Actus, 13, b; 753, a
Acisculus, 141, b.,,  institutoria, 641, b.,,  minimus, 13, b.
Aclis, 589, a.,, inutilis, 10, a.,,  quadratus, 13, b; 46, b;
Acna, Acnua, 6, b; 46, b.,, judicati, 651, b.                     753, b.
Acquisitiones civiles, 422, a.,,  in judicio, 10, a.,,  servitus, 1032, a.,,     naturales, 422, b.,, in jure, 10, a.,,  simplex, 13, b.
Acroama, 6, b.,, in jus, 10, b.              Acus, 13, b; 57, a.
Acropolis, 6, b; 1175, a.,,  quod jussu, 663, b.        Adamas, 759, bY.
Acroterium, 6, b.,, legis, or legitima, 9, a.    Adcrescendi jure, 600, b.
Acta,.7, a.,,  legis Aquiliae, 383, b.    Addico, 172, a; 655, b.,,  diurna, 7, a.,, locati et conducti, 710, a. Addicti, 796, a; 797, b.,, forensia, 7, a.,,  mandati, 728, b.           Addictio, 655, b.,, jurare in, 7, b.,,  mixta, 9, b; 10, a.        Ademptio, 677, a.,, militaria, 7, b.,, mutui, 780, b.,,    equi, 264, b.,, patrum, 7, b.,,  negativa, 350, a.          Adfines, 28, a.
senatls, 7, b.,, negatoria, 350, a; 1033,a. Adfinitas, 28, a.




1258                                    INDEX.
Adgnati, 309, a.              Aes Corinthiacum, 25, b.       Alabaster, 74, a.
Adgnatio, 309, a.,, Dcliacum, 25, b.           Alabastrites, 74, a.
Aditio hereditatis, 601, b.,, equestre, 26, a.          Alabastrum, 74, a.
Adjudicatio, 12, b.,, grave, 140, a.           Alares, 73, b.
Adlecti, 14, a.,, hordearium,  or hordia- Alarii, 73, b.
Adlector, 14, b.                     rium, 26, a; 471, b.    Alauda, 74, a.
Admissionales, 14, b.,, manuarium, 26, b.,,  legio, 74, a,
Admissionis primae, secundae,,, militare, 26, a.          Albarium opus, 870, a.
&c., amici, 14, b.,, rude, 140, a.            Albogalerus, 102, b.
Admissionum proximus, 14, b.,, thermarum, 186, b.          Album, 74, b; 1'71, a.
Adnepos, 310, a.,, uxorium, 26, b.,,  decurionum, 74, b.
Adneptis, 310, a.             Aestivae feriae, 530, a.,,  judicum, 74, b; 649, b.
Adobruere, 52, a.             Aetolicum concilium, 27, b.,,  senatorum, 74, b.
Adolescentes, 636, a.,,   foedus, 27, a.       Alea, 74, b.
Adoratio, 16, a.              Affines, 28, a.               Aleator, 74, b.
Adrogatio, 15, b.             Affinitas, 28, a.             Ales, 149, a; 175, b.
Adscripti glebae, 1040, a.    Agaso, 28, b.                  Alica, 55, b.
Adscriptores, 338, b.         Agema, 485, b.                 Alicula, 75, b.
Adscriptitii, 2, b; 311, b.   Agendi servitutes, 1032, a.   Alimentarii pueri et puellae,
Adscriptivi, 2, b.            Ager, 29, a; 38, b; 554, a.      75, b.
Adsertor, 143, a.,, arcifinalis, 29, a; 38, b.  Alipilus, 75, b.
Adsessor, 143, a.,, arcifinius, 29, a; 30, a.   Aliptae, 75, b.
Adstipulatio, 818, a.,, assignatus, 29, b; 39, b. Alluvio, 76, a.
Adstipulator, 640, b; 818, a., concessus, 39, b.        Altare, 116, b.
Adversaria, 17, b.,, decumanus, 43, a.        Altius non tollendi servitus,
Adversarius, 13, a.   -,, divisus  et  assignatus,    1031, b.
Adulterium (Greek), 16, b.            29, b.                Aluta, 222, a.
Adulterium (Roman), 17, a.,, effatus, 930, b.           Amanuensis, 76, b.
Adulti, 636, a.,, emphyteusis, 43, a.      Ambarvalia, 78, b; 138, b.
Advocatus, 17, b.,, emphyteuticarius, 43, a; Ambitio, 77, a.
fisci, 18, a.             458, a.                 Ambitus, 76, b.
Adytum, 1105, a.,, limitatus, 29, b; 30, a; Ambrosia, 78, b.
Aebutia lex, 9, a; 267, a;           39, b.                  Ambubaiae, 78, b.
684, a.,, mensura  comprehensus, Ambulationes, 618, b.
Aedes, 554, a; 1104, b.               29, b.                 Amburbiale, 78, b.,,  sacra, 1104, b.,, occupatorius,29,a; 39, b. Amburbium, 78, b.
Aediculae, 18, a.,, privatus, 29, a.         Amentum, 588, a.
Aediles, 18, a.,, publicus, 29, a; 949, a.  Amicire, 78, b.,,   cereales, 19, a.,, quaestorius, 29, b; 39, b. Amictorium, 78, b.
Aeditimi, 20, a,,, redditus, 29, a.          Amictus, 78, b.
Aeditui, 20, a.,, religiosus, 37, b.       Amiculum, 78, b.
Aeditumi, 20, a.,, restibilis, 51, a; 57, a; Amita, 310, a.
Aegis, 20, b.                         60, b; 61, a.         Amphictyones, 79, a.
Aelia lex, 684, a.,, sacer, 37, b.            Amphimalla, 1097, b.,, Sentia lex, 684, a;,, sanctus,:31, a.         Amphitapae, 1097. b.
878, a.,, scriptuarius, 1012, b.   Amphitheatrum, 82, ob.
Aemilia lex, 684, b.,, vectigalis, 43, a; 458, a.  Amphora, 90, a;  979, a;,,   Baebia lex, 688, b.    Agger, 31, a; 937, a.          1203, b.,,   Lepidi lex, 1077, b.   Agitator, 287, a.            Ampliatio, 647, a.,,  Scauri lex, 1077, b.    Agmen, 498, a.               Ampulla, 91, a; 192, b.
Aenatores, 22, a.,,  pilatum, 498, b.        Ampullarius, 91, a.
Aenei nummi, 26, a.,,  quadratum, 498, b.    Amuletum, 91, b.
Aenum, 22, a.                 Agnati, 309, b.                Amurca, 825, b.
Aera, 281, b.                 Agnatio, 309, b.               Amussis, or Amussium, 91, b.
Aerarii, 22, b.               Agnomen, 802, b.               Anagnostae, 92, a.,,  Praefecti, 24, a. -    Agonales, 1003, b.            Anatocismus, 527, a.,,   Praetores, 24, b.-    Agonalia, 31, b.              Ancilla, 637, a.,,   Quaestores, 24, b.    Agonensis, 1003, b.           Ancones, 989, a.,,  Tribuni, 26, h; 1149,a. Agonia, 31, b.               Andabatae,i575, a.
Aerarium, 23, a.              Agonium Martiale, 31, b.      Andromeda, or  Andromede,,,    militare, 24, a.    Agoranomi, 36, b.               149, b.,,    Praetores ad, 24, b.  Agrariae leges, 37, a.      Angaria, 94, b.,,   sanctius, 23, b.     Agraulia, 44, a.              Angariorum exhibitio, or prae-,,   sanctum, 23, b.      Agricultura, 44, a.             statio, 94, b.
Aerii nummi, 26, a.           Agrimensores, 71, b.           Angiportus, or Angiportum,
Aes, 25, a.                   Agronomi, 72, b.                 95, a.
Aes (money), 26, a.           Ahenatores, 22, a.             Anguifer, 149,a.,, Aegineticum, 25, b.      Ahenum, 22, a.                 Anguis, 148, a; 149, b; 153, b.,, alienum, 26, a.          Ala, 73, b.                    Anguitenens, 149, a.
circumforaneum, 26, a.    Alae, 42S, a; 507, a; 509, a.  Angustus clavus, 294, b.




INDEX.                                       1259
Animadversio censoria, 263, b. Aqua pluvia, 115, b.         Armilustrium, 137., a.
Anio novus, 111, a.,,  Septimiana, I11, b.      Aromatites, 1204, b..,, vetus, 110, a.,, Tepula, 110, b.           Arquites, 1002, a.
Annalesmaximi, 523,a; 941,a.,, Trajana, 111, b.          Arra, Arlabo, or Arrha, Ar.
Annalis lex, 19, b.,, Virgo, 110, b.              rhabo, 137, a.
Annona, 95, a.                Aquae ductus, 108, a.         Arrogatio, 15, b.,,  civica, 500, b.,,  ductus servitus, 1032, a. Artaba, 137, b.
Annotatio, 351, b.,,  effusio, 151, b.       Artopta, 921, a.
Annuli aurei jus, 95, b.,,  haustusservitus, 1032, a. Artopticii, 921, a.
Annulorumjus, 95, b.,,  et ignis interdictio, 516, Arvales Fratres, 138, a,
Annulus, 95, a; 325, a.                b.                   Arundo, 1001, b.
Annus magnus, 222,b; 227, a.,,  pluviae arcendae actio, Arura, 138, a.,,  vertens, 226, a.                 115, b.              Aruspices, 586, b.
Anquina, 790, b.              Aquarii, 116, a.              Arvum, 61, a.
Anquisitio, 649, a.           Aquarioli, 116, a.            Arx, 139, a.
Ansa, 533, a.                 Aquarius, 151, b.             As, 139, a; 706, a.
Antae, 97, a.                 Aquila, 149, b; 1044, b.      As libralis, 139, b.
Anteambulones, 97, b.         Aquilia lex, 383, b.          Asamenta, 1,003, a.
Antecanis, or Antecanem, 152, Aquilifer, 505, a.            Ascia, 141, b.
b.                          Ara, 116, a; 153, b.          Asiarchae, 142, b.
Antecessores, 97, b.          Aratio, 49, a.                Assa, 191, b.
Antecoena, 307, a.            Aratrum, 117, b.              Assamenta, 1003, a.
Antecursores, 97, b.          Aratrum auritum, 49, b.       Assarius, 141, a.
Antefixa, 97, b.              Arbiter, 10, b.               Assentatores, 867, b.
Antemeridianum ternpus, 408, Arbiter bibendi, 1082, b.      Asseres falcati, 519, a.
a.                          Arbitraria actio, 10, a.,,  ]ecticarii, 672, a,
Antenna, 789, b.              Arbitria, 558, b.             Assertor, 143, a.
Antepagmenta, 98, b; 624, b. Arbitrium, 10, b; 647, b.      Assertus, 143, a.
Antepilani, 495, a.           Arbusculae, 585, b; 923, a.    Assessor, 143, a.
Antesignani, 502, a; 1045, b.  Area, 119, a; 559, b.        Assidui, 710, a.
Antestari, 11, a.             Area, ex, 119, a; 131, a.     Assiduitas, 77, a.
Antia lex, 1077, b.           Area publica, 24, b; 119, a.   Astragalus, 143, b.
Antichresis, 916, b.          Arcera, 119, a.                Astrologi, 144, b.
Anticum, 624, b.              Archiater, 119, a.             Astrologia, 144, a.
Antinous, 149, b.             Archimnagirus, 307, b.         Astronomi, 144, b.
Antiquarii, 706, b.           Archimimus, 559, a; 763, b.   Astronomia, 145, a.
Antlia, 100, a.               Architectura, 120, a.          Asyli jus, 165, a.
Antoniae leges, 685, a.       Archium, 1093, a.             Asylum, 165, a.
Apaturia, 101, a.             Archivum, 1093, a.            Atavia, 310, a.
Aperta navis, 784, b.         Archon, 121, b.                Atavus, 310, a.
Apex, 102, a.                 Arcifinius ager, 29, a.        Atellanae Fabulae, 347, a.
Apicula, 102, a.              Arcitenens, 151, a.            Aternia Tarpeia lex, 685, a.
Aplustre, 787, a.             Arctophylax, 148, a.          Athenaeum, 166, b.
Apodectae, 103, a; 1047, b.   Arctos Lycaonis, 147, b.       Athletae, 166, b.
Apodyterium, 189, a.,,  Parrhasis, 147, b.       Atia lex, 685, a.
Apollinares ludi, 715, a.     Arcturus, 148, a; 159, a.     Atilia lex, 685, a.
Apophoreta, 104, b.           Arctus major, 147, a.         Atinia lex, 685, a.
Apotheca, 105, a.,,  minor, 147, b.         Atlantes, 170, a.
Apotheosis, 105, a.           Arcus, 124, b; 126, a; 151, a. Atlantides, 150, b.
Apparitio, 106, a.,,  triumphalis, 125, b.    Atnepos, 310, a.
Apparitores, 106, a.,,  Constantini, 126, a.    Atneptis, 310, a.
Appellatio (Greek), 106, a.,,  Drusi, 125, b.          Atramentum, 170, b.,,    (Roman), 106, a.,,  Gallieni, 126, a.         Atrium, 171, b; 188, b; 427, b.
Applicationis jus, 295, a.,,  Septimii Severi, 126, a.  Atticurges, 171, b.
Aprilis, 232.,,  Titi, 125, b.           Auctio, 172, a.
Apuleia lex, 641, a; 685, a.   Area, 53, a; 171, b; 554, a.   Auctor, 172, b.,,  agraria lex, 685, a.    Areiopagus, 126, b.          Auctores fieri, 172, b.
frumentarialex, 548, a. Arena, 86, a; 88, b; 286, a.   Auctoramentum,202,a; 574,b.,,   majestatis lex, 725, a. Aretalogi, 129, b.          Auctorati, 574, b.
Aqua, 151, b.                 Argei, 129, b.                Auctoritas, 173, b; 1023, b.,,  Alexandrina, 111, b.    Argentarii, 130, a.,,    senatus, 1023, b.,, Algentia, 111, b.        Argentum, 132, a.             Auctoritatem imponere, 173, b.
Alsietina, or Augusta, Argo, 153, a.                   Auditorium, 174, a; 969, b.
111, a.               Argyraspides, 133, b.         Aufidia lex, 78, a.,, Appia, 109, b.           Aries, 133, b; 149, b.        Augur, 174, a.,, caduca, 115, a.          Arinca, 56, b.                Auguraculum, 176, a; 1104, a.,, Claudia, 11l, a.         Arma, Armatura, 135, a.       Augurale, 176, a; 253, a.,, Crabra, II, b.           Armarium, 136, a; 203, a.    Auguratorium, 253, a.,, Julia, 110, b.           Armatura levis, 506, b,       Augurium, 174, a; 417, a.,, Marcia, 110, a.          Armilla, 136, a.              Augustales, 179, b; 180, a.




1260                                    INDEX.
Augustalia, 179, b.           Berenices coma, or crinis, 154, a. Caelibatus, 692, a.
Augustus, 180, b.             Bes, 140, b.                   Caerimonia, 996, b.
Avia, 310, a.                 Bessis, 140, b.                Caeritumn tabulae, 22, b.
Aviaria, 66, a; 68, b.        Bestia, 153,.  Caesar, 220, a.
Avis, 149, a.                 Bestiarii, 202, a.             Caetra, 269, b.
Aulaeum, 1046, a.             Bibasis, 1006, a.              Calamistratus, 220, a.
Aurelia lex, 650, a.          Bibliopola, 704, b             Calamistrulm, 220, a.
Aures, 118, a.                Bibliotheca, 202, a.           Calamus, 220, a.
Aureus nummus, 182, a; 935, a. Bidens, 98, a, b; 791, a.     Calantica, 329, b.
Aurichlalcum, 25, a; 845, b.    Bidental, 203, a.            Calathiscus, 220, a.
Auriga, 149, a; 287, a.       Bidiaei, 203, b.               Calathus, 220, a.
Aurigae manus, 149, a.        Biga, or Bigae, 379, a.        Calatores,,31, a.
Aurigator, 149, a.            Billix, 1101, b; 1102, b.      Calcar, 220, b.
Aurum, 180, b.                Bipalium, 849, a.              Calceamen, 220, b.,,  coronarium, 182, b.   Bipennis, 1014, a.             Calceamentum, 220, b.,,  lustrale, 182, b.     Biremis, 784, a.               Calceus, 220, b.
Auspex, 174, a.               Birrus, 203, b.                Calculator, 222, a.
Auspicium, 174, a.            Bisellium, 1015, a.            Calculi, 222, a.
Authenticum, 807, b.          Bissextilis annus, 232, a.     Calda, 232, a.
Authepsa, 183, a.             Bissextum, 232, a.,,  lavatio, 190, b.
Autonomi, 183, a.             Bissextus, 232, a.             Caldarium, 190, b.
Avulsio, 350, b.              Bombycinum, 1028, a.           Calendae, 2.31, b.
Avunculus, 310, a.            Bombyx, 1028, a.,,   Fabariae, 57, a.
Avus, 310, a.                 Bona, 205, a.                  Calendarium, 222, a; 522, b.
Auxilia, 1051, a.,, caduca, 206, b.           Calida, 232, a.
Auxiliares, 1051, a.,,  fides, 207, a.           Caliendrum, 233, b.
Auxiliarii, 1051, a.,,  rapta, 564, a.           Caliga, 233, )b.
Axamenta, 1003, a.,, vacantia, 207, b.         Calix, 115, b; 234, b.
Axicia, 197, b.               Bonorum cessio, 207, b.        Callis, 234, a.
Axis, 378, a.,,   collatio, 208, a.     Calones, 234, b.,,   emtio, et emtor, 208, Calpurnia lex de ambitu, 77, b.
a.                Calpurnia lex de repetundis,
B.,,   possessio, 208, b.     648, b; 649, b; 986, a.,,   vi raptorum, actio, Calvatica, 329, b.
Babylonii, 144, b.                        564, a.            Calumnia, 234, b.,     numeri, 144, b.     Bootes, 148, a.               Calumniae judicium, 235, a.
Bacchanalia, 413, a.          Boves Icarii, 148, b.,,   jusjurandum, 235, a.
Baebia lex, 685, a.           Bracae, or Braccae, 213, a.    Calx, 286, a.,,  Aemilia lex, 688, a.    Branchidae, 839, b.           Camara, 235, a.
Balatro, 183, b.              Bravium, 287, b.               Camera, 2935, a.
Balineae, 183, b.             Breviarium, 214, b.            Camillne, Camilli, 235, b; 743, b.
Balineum, 183, b; 191, a.,,  Alaricianum, 214, b. Caminus, 432, b.
Balista, Ballista, 1138, b.   Bruttiani; 215, a.             Campagus, 235, b.
Balistarii, 1139, a.          Buccina, 215, a.               Campestre, 235, b.
Balneae, 183, b.              Buccinator, 22, a; 215, a.     Campidoctores, 235, b.
Balnearium, 183, b.           Bucco, 347, a.                Canaliculus, 235, b.
Balneator, 186, b; 189, a; Bucculae, 566, a.                 Canalis, 235, b.
195, a.                     Bulla, 215, b.                Cancelli, 236, a; 336, b.
Balneum, 183, b; 190, b.      Bura, or Buris, 117, b.        Cancer, 150, b.
Baltearius, 196, b.           Bustuarii, 560, a.             Candela, 236, a.
Balteus, or Baltea, 196, a; Bustum, 559, b.                  Candelabrum, 236, a.
1136, b.                    Buxum, 216, a.                Candidarii, 921, a.
Balteus, 196, b.              Byssus, 216, a.                Candidati principis, 981, b.
Baptisterium, 189, b.                                        Candidatus, 77, a; I1137, a.
Barathrum, 196, b.                                           Canephorus, 237, b; 857, a.
Barba, 196, b.                              C.               Canis, or Canis Sirius, 152, b.
Barbati bene, 197, a.                                        Canis, or Canicula, 152, b;
Barbatuli, 1 97, a.           Cacabus, 22, a.                  160, a.
Bardocucullus, 372, b.        Caduceator, 218, a.            Canistrum, 237, b.
Bascauda, 198, a.             Caduceus, 218, a.              Cantabrum, 237, b.
Basilica (building), 198, a.  Caducum, 206, b.              Canterii, 237, b.,,  (legal work), 200, a.   Cadus, 218, a.               Cantharus, 237, b.
Basterna, 200, b.             Caecilia  lex  de  censoribus, Canthus, 378, b.
Baxa, or Baxea, 200, b.                  685, b.             Canticum, 238, a; 346, a.
Bellaria, 307, b.,   lex de vectigalibus, Canuleia lex, 685, b.
Bellicrepa saltatio, 1006, b.            685, b.             Capella, 149, a.
Beneficiarius, 201, b.,,   Didia lex, 685, b.    Caper, 151, b.
Beneficium, 201, b.           Caelatura, 218, b.            Capis, 179, a.,,    abstinendi, 598, b. Caelebs, 692, a.              Capisterium, 53, b.
Benignitas. 77. a.            Caelia lex, 1091, a.           Capistrum, 238, a.




INDEX.                                       1261
Capite censi, 2,,,,.         Cautio, 259, a.                Chorobates, 277, a.
Capitis deminutio, 239, b.,,  Muciana, 259, b.        Chorus, 200, a; 277, a.,,  diminutio, media, 433, Cavum aedium, 427, a.         Chronologia, 280, b.
b.                   Celeres, 260, a.              Chrysendeta, 282, a.
minutio, 239, b.       Celerum tribunus, 471, a.     Cibaria servorum, 48, h.
Capitolini, 715. a.           Cella, 97, a; 260, a; 1105, a.   Cibarium secundarium, 55, b.,,   ludi, 715, a.,, caldaria, 190, b.        Cidaris, 1130, b.
Capitium, 238, b.             Cellarius, 260, b.            Cilicia, 63, b.
Capra, 149, a.                Celtes, 420, a.                Cilicium, 282, b.
Capricornus, 151, b.          Cenotaphium, 260, b.           Cilliba, 749, b.
Capsa, 189, a; 238, b.        Censere, 262, b.               Cincia, or Muneralis, lex, 685,
Capsarii, 189, a; 239, a.     Censiti, 311, b.                 b.
Capsula, 238, b.              Censitores, 265, b.            Cinctus, 1173, b.
Captio, 940, a.               Censor, 260, b.,,  Gabinus, 665, b; 1136.
Capulum, 671, b.              Censoria nota, 263, b; 635, b.          b.
Capulus, 118, b; 239, a; 559, a. Censuales, 7, b; 265, b.    Cinerarius, 220, a.
Caput, 239, a.                Censura, 260, b.               Cingulum, 1224, b.,,  extorum, 240, a.       Census, 260, b; 262, a; 265, b. Ciniflo, 220, a.
Caracalla, 240, a.            Census (Greek), 266, a.        Cippus, 282, b.
Career, 210, a.               Centaurus, 153, b.             Circenses ludi, 286, b.
Carceres, 285, a; 336, b.     Centesima, 267, a.            Circinus, 283, a.
Carchesium, 241, a; 789, a.,,   rerum  venalium,   Circuitores, 115, b.
Cardo, 241, a.                             24, a.       -   Circulio, 48, h).
Cardo, 29, b.                 Centesimae usurae, 526, b.     Circumlitio, 906, a.
Carenum, 1202, a.             Centesimatio, 387, b.          Circumluvio, 76, b.
Carmen seculare, 717, b.      Cento, 48, b.                  Circus, 283, b.
Carmentalia, 241, b.          Centumviri, 267, a.,,  agonensis, 32, a.
Carnifex, 242, a.             Centuria, 30, a; 46, b; 501, a; Cisicum, 288, a.
Carpentum, 242, b.              652, a; 753, a.              Cista, 288, a.
Carptor, 307, b.              Centuriata comitia, 333, a,    Cistophorus, 288, b.
Carrago, 243, a.              Centurio, 494, b; 497, a; Cithara, 720, b.
Carruca, 243, a.                         504, b.             Civica corona, 359, b.
Carrus, or Carrum, 243, a.,,   primus, 505, a.        Civile jus, 10, a; 656, a.
Caryatis, 243, b.,,   primipili, 505, a.    Civilis actio, 10, a.
Cassia lex, 685, b.           Centussis, 141, a.             Civis, 291, b.,,.,,  agraria, 685, b.     Cepheis, 149, b.               Civitas (Greek), 288, b.,,,,,tabellaria, 685, b.   Cepheus, 148, a.,,  (Roman), 291, a.,,,, Terentia firumenta- Cera, 268, a; 518, a; 1092, a; Clandestina possessio, 643, b.
ria, 685, b.        1116, a.                    Clarigatio, 530, a.
Cassiopeia, or Cassiepeia, 149, Cerae, 1092, a.              Clarissimi, 628, a.
a.                          Ceratae tabulae, 1091, b.     Classica corona, 360, a.
Cassis, 565, b; 989, b.       Cerealia, 268, a.             Classici, 509, b.
Castellarii, 1 15, b.         Cerevisia, 268, b.            Classicum, 358, b.
Castellum aquae, 114, a.      Cernere hereditatem, 599, a.   Clathri, 432, a.
Castra, 244, a; 729, b.       Ceroma, 268, b.               Claudia lex, 686, a.,,  stativa, 242, a.       Certamen, 167, a.              Clavicula, 253, a.
Castrense peculium, 874, b.    Certi, incerti actio, 268, b.  Clavis, 1168, b.
Castrensis corona, 360, b.    Ceruchi, 790, b.              Clavola, 824, b.
Catagrapha, 902, b.           Cervoli, 253, a.              Claustra, 626, b.
Cataphracti, 256, a.          Cessio bonorum, 207, b,       Clavus angustus, 293, b.
Catapulta, 1138, b.           Cessio in jure, 653, a.,,  annalis, 293, b.
Cataracta, 256, b.            Cestius pons, 937, b.,,  latus, 293, b.
Catasta, 1040, a.             Cestrum, 903, a; 905, a.      Clepsydra, 615, a.
Cateia, 257, a; 589, a.       Cestus, 269, a.               Clibanarii, 256, b.
Catella, 257, a.              Cetra, 269, b.                 Cliens, 294, b.
Catena, 257, a.               Chalcidium, 270, a.           Clientela, 295, a.
Catervarii, 575, a.           Chaldaei, 144, b.             Clima, 753, b.
Cathedra, 257, b.             Charistia, 270, b.            Clipeus, 297, a.
Catillum, or Catillus, 257, b.   Charta, 703, b.            Clitellae, 299, a.
Catillus, 765, a.             Cheironomia, 271, a; 583, a.   Cloaca, 299, a.
Catinum, or Catinus, 257, b.   Chelae, 151, a.              Cloacae servitus, 1032, a.
Cavaedium, 427, b.            Cheniscus, 786, b.            Cloacarium, 300, a.
Cavea, 87, b; 283, b; 1122, a. Chiramaxium, 271, b.         Cloacarum curatores, 300, a.
Cavere, 259, a.               Chiridota, 1173, b.           Clodiae leges, 549, b; 686, a
Cavi menses, 226, a; 227, b.   Chirographum, 271, b.         Coa vestis, 300, b.
Caupo, 257, b.                Chiron, 153, b.                Coactor, 300, b; 1184, b.
Caupona, 258, a.              Chirurgia, 272, a.             Cochlea, 300, b.
Causae probatio, 874, b.      Chlamys, 275, a.               Cochlear, 301, a.
Causia, 259, a.               Choregia, 276, b.             Cochlis, 301, a.
Causiae, 1201, a              C         2hnr',  o276, h.. Codex, 131, a; 301, a.




1262                                    INDEX.
Codex Gregorianus et Her-   Commodatarius, 341, a.           Conventus, 357, b; 965, b.
mogianrrus, 301, b.    Commodati actio, 341, a.     Convicium, 637, b.,,  Justinianus, 301, b.    Commodatum, 341, a.           Convivii magister, 1082, b.,  Theodosianus, 302, b.  Communi dividundo actio,,,   rex, 1082, b.
Codicilli, 301, b; 1118, a.     341, a.                      Cooptari, 305, b.
Coelia, or Caelia, lexs,, 1091, a.  Comoedia, 341.           Cophinus, 358, a.
Coemptio, 741, a.             Compensatio, 347, b.           Corbicula,. 358, a.
Coena, 303, a.                Comperendinatio, 647, a.       Corbis, 358,. a.
Coenaculum, 429, a..          Comperendini dies, 409, b.     Corbitae, 358, b.
Coenatio, 308, a.             Competitor, 77, a.            Corbula, 358, a.
Coenatoria, 307, b; 1087, 1b.    Compitalia, 347, b.        Cornelia lex agraria, 666, b.
Cognati, 309, a.              Compitalicii ludi, 347, b.,,,, de alea, 75, a.
Cognatio, 309, a.             Compluvium, 427, b.,,,, de falsis, 517, b.
Cognitor, 12, a.              Compromissum, 648, a; 985, a.,,,. frumentaria, 549,
Cognitoria exceptio, 11, b.   Concamerata sudatio, 190, b.                 a.
Cognomen, 702, a.             Conceptivae feriae, 528; b.,,,, de injuriis, 638, a.
Coheres, 598;,a; 601, b.      Concha, 348, a.,,,, judiciaria, 650, a.
Cohors, 499, b; 507, a.       Conciliabulum, 318, a.,,,, majestatis, 725, a.,,  in piano, 66, a.       Conciliarii, 143, b.,,,, de novis tabellis,
Cohortes equitatae, 509, b.   Concilium, 348, a.                           688, a.,,   peditatae, 509, b.   Concio, $347, b.,,,, nummaria, 517, b.,,  vigilumn, 510, a.     Concubina (Greek), 349, a.,,,, de parricidio, 687,,,  urbanae, 510, a.,,   (Roman), 349. b.                   a.
Coitio, 77, b.                Concubinatus, 349, b.,,,, de  proscriptione
Collatio bonorum, 208, a.     Condemnatio, 12, b; 647, b.                  et proscriptis,
Collegae, 310, b.             Condictio, 9, a; 10, a; 564, b.              963, b.
Collegatarii, 675, a.         Conditivum, 561, a.,,, de   repetundis,
Collegiati, 1216, b.          Conditorium, 561, a.                        986, a.
Collegium, 310, b.            Conditurae, 1204, a.,,,, desacerdotiis, 997,
Colobium, 1173, b.            Conductio, 710, a.                           b.
Colonatus, 311, b.            Conductor, 265, a; 710, a.,,,, de sicariis etveneColoni, 311, b.; 710, a.      Condus, 260, b.                             ficis, 670, b; 687,,,  indigenae, 49, a.      Confarreatio, 741, a.                       a; 1188, b.
Colonia, 313, b.              Confessoria actio, 350, a.,,,, de  sponsoribus,
Colonus, 48, b.               Confusio, 350, a.                            641, a.
urbanus, 49, a.      Congiarium, 350, b.,,, sumptuaria, 1077,
Colores, 320, a.              Congius, 351, a.                             b.
Colossicotera, 322, a.        Conjurati, 1171, b.,-,, testamentaria,
Colossus, 322, a.             Conjuratio, 1171, b.                         517, b.
Colum, 322, b; 1203, a.       Connubium, 740, a.,,,, tribunicia, 697, b.
Columbarium, 68, a; 323, a; Conopeum, 351, a.,,,, de  vi  publica,
561, a.                     Conquisitores, 351, a.                       1209, a.
Columen, 328, a.              Consanguinei, 309, b.,,,, unciaria, 687, b.
Columna, 323, a.              Conscripti, 1016, b.           Cornelia Baebia lex, 77, b,,  cochlis, 328, a.      Consecratio, 105, a; 631, b.            688, a.,,  rostrata, 327, b.     Consensus, 820, a.,,   Caecilia lex, 549, b.
Columnarium, 328, a.          Consiliarii, 358, a.,,  et Caecilia lex, 688, a
Colus, 565, a.                Consilitm, 358, a.             Cornicines, 22, a.
Coma, 328, b.                 Consistorium, 969, b.         Cornu, 126, a; 358, b.
Comes, 143, b; 330, a; 969, a. Consobrina, 310, a.          Cornua, 721, b; 704, a.
Commentarii: senatus, 7, b.   Consobrinus, 310, a.           Corona, 148, b; 325, a; 3-59, a
Commissatio, 330, b; 1082, a. Consponsor, 640, h.,,   Ariadnes, 148, b.
Comitia, 330, b.              Constellatio, 144, b.,-  castrensis, 360, b;.,,  calata, 331, a; 1114, b; Constitutiones, 351, a.,,  civica, 359, b.
1115, a.           Consualia, 351, b.,,  classica, 360, a.,, centuriata, 333, a.   Consul, 352, a.,,  convivialis, 362, b.,,  curiata, 311, b.      Consulares, 969, a.               E, Etrusca, 362, b.,,  tributa, 1156, b.     Consularis, 367, a.,,  funebris, 362, a.
Commeatus, 340, b.            Consulti, 653, b.,,  graminea, 359, a.
Commendationes mortuorum, Consultores, 653, b.,   lemniscata, 363, a,
536, a.                     Contestari, 708, b.,,  longa, 362, b.
Commentariensis, 340, b.      Contractus, 817, b.,,   Minoa, 148, b.
Commentarii sacrorum, 941, a. Controversia, 648, a.,,  muralis, 360, b.
Commentarium, 340, b.         Contubernales, 357, a.,,  natalitia, 362, b.
Commentarius, 340, b.         Contubernium, 357, a; 501;,,  navalis, 360, a.
Commercium, 291, b.             1037, a.,,  nuptialis, 362, b.
Commissoria lex, 340, b.      Contus, 357, b; 789, a.,,  obsidionalis, 359, a.
Commissum, 341, a.            Conventio in manum, 740, b;,,  oleagina, 361, b.
Commixtio, 350, a.              742, a.,,  ovalis, 361, a.
Commiodans, 341, a.:          Conventiones, 820, b.,,  pactilis; 363, a.




INDEX.                                       1263
Corona pampinea, 363, a.      Culina, 428, b.               Decempeda, 386, a; 893, a.,,  plectilis, 363, a.     Culleus, 373, a.              Decemviri, 386, a.,,  radiata, 363, a.       Culpa, 373, a.,,   legibus  scribendis,,,  rostrata, S60, a.,, lata, 373, a.                       386, a.
sacerdotalis, 362, a.,, lenissima, 373, b.,,   litibus, or stlitibus,,,  sepulchralis, 362, a.,, levis, 373, b.                      judicandis, 386, b.,,  spicea, 362, a.        Culter, 118, b; 373, b.,,   sacrorum, or sacris,,  sutilis, 363, a.       Cultrarius, 373, b.                       faciendis, 387, a.,,  tonsa, 363, a.         Cumatium, 381, a.,,   agris   dividundis,,,  tonsilis, 363, a.      Cunabula; 634, a.                         387, a.,,  torta, 3:63, a.        Cuneus, 88, b; 1122, a.       Decennalia, or Decennia, 387, a.,,  triumphalis,. 361, a.    Cuniculus, 374, a.          Decimanus, 29, b.,,  vallaris, 360, b.      Cupa, 374, a; 1202, a.        Decimatio, 387, a.
Coronarii, -ae, 1029, b.      Cura bonoru m, 376, a.        Decimatrus, 982, b.
Coronis, 325, a; 363, a.,, bonorum absentis, 376, a. Declinatio, 296, b.
Coronix, 363, a.,, bonorum et ventris, 376, a. Decretum, 387, b; 10*24, a.
Corporati, 310, b; 1216, b.,, hereditatis, 376, a.      Decumae, 387, b.
Corporatio, 310, b.,, hereditatis jacentis, 376, Decumani, 29, b.
Corpus, 310, b.                       a.                     Decuriae, 1012, a; 1216, a.,,  juris civilis, 363, a.  Curatela, 375, a.,,  judicum, 650, b.
Correctores, 969, a.          Curator, 318, b; 374, b.       Decuriales, 1216, b.
Correus, 820, a.              Curatores, 376, b.             Decuriati, 1211.
Cortex, 57, a.,,   alvei  et  riparum, Decuriatio, 77, b.
Cortina, 364, a.                          376, b.            Decuriones, 318, a; 471, a;
Corvus, 153, b; 364, b.,,   annonae, 376, b.        497, b;. 1017, b.
Corycaeum, 195, b; 580, a.,,   aquarum, 115, b; Decurrere, 559, b.
Coryphaeus, 280, a.                       376, b.            Decursoria, 937, a.
Corytos, 126, b.,,   kalendarii, 376, b.   Decussis, 141, a.
Cosmetae, 364, b.,,   ludorum, 376, b.    Dedicare, 433, a.
Cosmetes, 365, a; 581, b;,,   operumpublicorum, Dedicatio, 631, a.
624, a.                                 376, b.           Dediticii, 388, a.
Cosmetriae, 264, b.,,   republicae, 376, b.   Deditio, 388, a.
Cosmi, 365, a. -,,   religionum, 376, b.  Deductores, 77, a.
Cothurnus, 366, a.,,   viarum, 377, a.       Defensores, 968, b.
Cotyla, 367, a.               Curia, 318, a; 377, b.         Defrutum, 1202, a.
Covinarii, 367, b.            Curiae, 318, a; 377, b.       Dejecti effusive actio, 388, a.
Covinus, 367, b.              Curiales, 318, a.              Delator, 388, b.
Crapula, 1204, a.             Curiata comitia, 331, b.       Delectus, 499, a.
Crater, Cratera, 153, b; 367, b. Curio, 377, b.              Delia, 389, a.
Crates, 368, b.,, maximus, 377, b.          Delictum, 369, a.
Creditor, 819, b.             Curriculum, 378, a.           Delphin, or Delphinus, 149, b.
Creditum, 131, a.             Currus, 147, b; 378, a.        Delphinae, 284, b.
Crepi, 718, b.                Cursores, 380, b.             Delphinia, 389, b.
Crepida, 368, b.              Cursus, 287, a.                Delubrum, 1104, b.
Crepidata tragoedia, 346, b.    Curules magistratus, 724, a.   Demarchi, 389, b.
Crepidines, 1192, b.          Curulis sella, 1014, b.        Demens, 376, a.
Creppi, 718, b.               Cuspis, 587, a.               Demensum, 1041, b.
Creta, 286, a; 1214, b.       Custodes custodiae, 250, b.    Dementia, 376, a.
Cretio hereditatis, 599, a.   Custos urbis, 953, a; 993, a.   Demetria, 390, a.
Crimen, 368, b.               Cyathus, 380, b; 979, a.      Deminutio capitis, 239, b.
Crimina extraordinaria, 369, b. Cyclas, 381, a.             Demiurgi, 390, b.
Crista, 566, a.               Cycnus, 149, a.               Demonstratio, 12, b.
Crocota, 369, b.              Cyma, 381, a.                  Demus, 290, a.
Crotalistria,.70, a.         Cymatium, 381, a.             Denarius, 393,. a.
Crotalum, 370, a.             Cymba, 381, a.,   aureus, 182, a; 394,a.
Crusta, 282, a; 456, b.       Cymbalum, 381, a.              Denicales feriae, 528, b.
Crux, 370, b.                 Cynosura, 147, b.              Dens, or Dentale, 117, b.
Crypta, 371, a.                                             )Dentifricium, 394, a.
Cryptoporticus, 371, a.                                      Depensi actio, 640) a.
Ctesibica machina, 100, b.                 D.                Deponens, 394, a.
Cubicularii, 372, a.                                         Deportatio, 516, a.
Cubicplum, 88, a; 372, a;  Dactyliotheca, 382, a.,,   in insulam, 516, a.
428,.                      Damni injuria actio, 383, b.    Deportatus, 516, a.
Cubitoria, 307, b.            Damnum, 383, a.               Depositarius, 394, a.
Cubitus, 372, a; 751, b.,,  infectum, 38S, a.      Depositi actio, 394, b.
Cubus, 372, b;,,  injuriadatum, 383, b. Depositor, 394, a.
Cucullus, 372, b.             Dare actionem, 11, a.         Depositum, 131, a; S94, a.
Cudo, or Cudon, 372, b.,      Daricus, 384, b.              Derogare legem, 682, b.
Culcita, 674, b.              Debitor, 819, b.              Desertor, 394, b.
Culeus, 373, a.               December, 226, a; 231, 232.   Designator, 558, b.




1264                                    INDEX.
Desultor, 394, b.             Donaria, 432, b.               Emphyteusis, 458, a.
Detestatio sacrorum, 568, b.    Donatio, 434, a.             Emphyteuta, 458, a.
Devergentia, 296, b.          Donatio mortis causa, 4,34, a.   Emphyteuticarius ager, 458, a.
DeNersorium, 258, b.,,  propter nuptias,435,a. Empirici, 746, b.
Deunx, 140, b.                Donationes inter virum  et  Emporium, 459, a.
Dextans, 140, b.                uxorem, 435, b.              Emti et venditi actio, 459, a.
Diadema, 395, a.              Donativum, 351, b.             Emtio bonorum, 208. a.
Diaeta, 308, a; 429, a.       Dormitoria, 428, a.,,  et venditio, 459, a.
Diaetetica, 395, b.           Dos (Greek), 436, a.           Encaustica, 903, b.
Dialis flamen, 540, b.,, (Ronman), 437, a.'         Endromis, 460, a.
Diarium, 1041, b.,, adventitia, 437, a.        Engonasi, or Engonasin, 148,b.
Diatreta, 1210, b.,, profectitia, 437, a.       Ensis, 577, a.
Dicere, 405, b.,, receptitia, 437, a.        Entasis, 461, b.
Dictator, 404, b.             Dotis actio, 438, a.           Ephebeum, 580, a.
Didia lex, 1077, b.           Drachma, 438, a; 1213, b.     Ephebia, 195, b.
Diem dicere, 649, a.          Draco, 148, a; 1044, b.        Ephippium, 464, a.
Dies, 408, a.                 Draconarius, 1044, b.         Ephori, 464, b.,, comitiales, 409, b.      Ducenarii, 439, a.            Epibatae, 466. b.,, comperendini, 409, b.    Ducentesima, 1184, b.         Epidemiurgi, 390, b., fasti, 409, a.            Duella, 1213, b,.-            Epipedonici, 30, b.,, feriali, 528, a.         Duillia lex, 688, a.          Epirhedium, 994, b., festi, 409, b.,,  Maenia lex, 688, a.    Epistola, 351, a; 843, b.,, intercisi, 409, b.       Dulciarii, 921, a.            Epistomium, 457, b.,, nefasti, 409, b.         Duocimanus, 29, b.            Epistylium, 469, a.,, proeliales, 410, a.      Duodecim scripta, 670, a.     Epitaphium, 560, a.,, profesti, 402, b.        Duplarxi, 439, b.              Epithalamium, 573, b; 744, a, sementina, 530, a.        Duplicarii, 429, b; 509, a.   Epulones, 470, b.
stati, 409, b.           Duplicatio, 12, a.            Epulum Jovis, 470, b; 673, a.
Diffarreatio, 419, a.         Dupondium, 893, b.            Equestris ordo, 845, a.
Digesta, 858, a.              Dupondius, 141, a.             Equiria, 471, a.
Digitalia, 729, a.            Dussis, 141, a.                Equites, 471, a; 575, b.
Digitus, $382, a.             Duumviri, 439, b.,,  singtulares imperatoDilatoria exceptio, 11, b.,,  juri dicundo, 318, a.             ris, 508, b.
Diligentia, 373, a.,.  navales, 439, b.       Equitum transvectio, 473, a.
Dimachae, 410, a.,,  perduellionis, 886, b.,,  centurias recognoDimacheri, 575, a.,,  quinquennales, 439, b;            scere, 473, a.
Dimensurm, 1041, b.,,  sacri, 439, b.         Equuleus, 475, a.
Diminutio capitis, 239, b.,,  sacrorum, 439, b.      Equus, 149, b.
Dionysia, 410, b.,,  viis extra urbem pur-,,  October, 850, a.
Diploma, 414, b.                         gandis, 439, b.     Ergastulum, 476, a.
Diptycha, 1092, a.            Dux, 969, a.                   Ericius, 476, a.
Directa actio, 10, a.                                        Eridanus, 152, b.
Diril)itores,,336,: b; 414, b.                              Erigone, 150, b.
Discessio, 1019, b.                        E.                Erogatio, 114, a.
Discinctus, 11733, b.                                        Ervilia, 59, a.
Discipula, 1189, b.           Eclectici, 746, b.             Ervum, 59, a.
Discus, 415, a.            ~ Eculeus, 475, a.                Esseda, 476, a.
Dispensator, 222, a.          Edere actionem, 11, a.         Essedarii, 476, b; 575, b.
Diversorium, 258, b.          Edictum, 444, a.               Essedum, 476, a.
Dividiculum, 114, a.,,   aedilicium, 445, a.   Everriator, 562, a.
Divinatio, 415, b; 417, b.,,   novurn, 444, b.       Evictio, 476, b.,,   (law term), 417, b.,,   perpetuum, 444, b.  Evocati, 508, a.
Divisores, 77, a.                         445, b.            Euripus, 88, b; 286, a.
Divortium, 418, a.,,   provinciale, 445, a,  Ex-archiatri, 119, b.
Dodrans, 140, b; 751, b.,,   repentinnm, 444, b.  Ex-archiatris, 119, b.
Dogmatici, 746, b.,,    Theodorici, 446 a.   Exauguratio, 479, b.
Dolabella, 420, a.,,   tralatitium, 444, b.  Excellentissimi, 628, a.
Dolabra, 420, a.,,   vetus, 444, b.        Exceptio, 11, b; 956, a.
Dolium, 1202, a.,,   urbanum, 445, a.,,   cognitoria, 11, b.
Dolo, 420, b.                 Editor, 574, a.,,   dilatoria, 11, b.
De dolo ma!o actio, 373, a.    Elaeothesium, 190, b; 580, b.,,   litis dividuae, 11, b.
Dolus malus, 373, a.          Electrum, 450, a.,,   peremptoria, 11, b.
Domicilium, 420, b.           Eleusinia, 452, b,,   rei residuae, 11, b.
Dorniium, 421, a.             Ellychnium 713, a.             Exceptores, 807, a.
Dominus, 423,, a; 574, a.    Emancipatio, 455, a.           Excubiae, 250.,,  funeris, 558, b.      Emansor, 394, b.               Excubitores, 480, a.
Domitia lex, 940, b.          Emblema, 456, b.               Exedra, 195, a; 428, a; 480, a.
Domo, de, 131, a.            -Embolia, 6, b.                 Exercitor navis, 480, b.
Domus, 144, b; 423, b.        Emeriti, 499, b.               Exercitoria actio, 480, b.
Dona, 432. b.                 Emissarium, 457, a.            Exercitus, 481, a.




INDEX.                                         io2 C5
Exhibendum actio, ad, 511, b.  Fastigium, 113, b; 523, b.      Fiscalis praetor, 538, a.
Exodia, 512, a.                Fauces, 428, a.                 Fiscus, 537, b.
Exostra, 513, a.               Favete linguis, 417, a.         Fistuca, 538, a.
Exploratores, 509, a,          Fax, 524, a.                    Fistucatio, 1192, a.
Exsequiae, 558, b.             Februare, 718, a.               Fistula, 538, b; 1088, a
Exsilium, 513, a.              Februarius, 23.2; 718, a..      Flabelliferae, 539, b.,, liberum, 515, b.        Februum, 718, a,               Flabellum, 539, a.
Exsul, 515, b.                 Februus, 718, a.                Flagellum, 539, b.
Exterere, 53, a.               Feciales, 530, b.               Flagrio, 540, a.
Extispices, 587, a.            Feminal, 1179, a.               Flagrum, 539, b.
Extispiciurm,  587, a.         Feminalia, 524, b.              Flamen, 540, a.
Extranei heredes, 589, b.      Fenestra, 432, a.,,   Augustalis, 180, a.
Extraordinarii, 497, b; 1500, b.  Fenus, 525, b.,,   Curialis, 377, a.
Exverrae, 562, a.,,  nauticum, 528, a.,,   Dialis, 540, b.
Exverriator, 562, a.           Ferae magna minorque, 147, b.,,  ]Martialis, 540, a.
Exuviae, 1053, b.              Feralia, 562, b.,,   Quirinalis, 540, a,
Ferculumtn, 528, a.            Flaminia lex, 690, a.
Ferentarii, 502, b.  -.         Flaminica, 541, a.
F.                Feretrum, 559, a; 671, b.      Flammeum, 743, a.
i'eriae, 528, a.               Flavia agraria lex, 690, a.
Faba, 57, a.,,  aestivae, 530, a.        Flexumines, 472, a.,,  trimestris, 57, a.,,  conceptivae, or concep- Floralia, 541, b.
Fabacia, 57, b.                          tae, 528, b.          Flos (siliginis), 55, b.
Fabia lex, 921, b.,,  denicales, 528, b.        Flumen, 1031, b.
Fabri, 517, a.,,  imperativae, 528, b.      Fluminis recipiendi, or immitFabula palliata, 346,- b.,,  Latinae, 529, b.           tendi servitus, 1051, b.,,  praetextata, 346, b.,,  praecidaneae, 530, a.    Focale, 542, a.
togata, 346, b.,,  privatae, 528, a.        Foculus, 542, a.,,  tabernaria, 346, h.,,  publicae, 528, b.        Focus, 542, a.
trabeata, 946, b.,,  sementivae, 5380 a.      Foederatae civitates, 542, b.
Fabulae Atellanae..4", a.,,  stativae, 528, b.        Foederati, 542, b.
Factiones aurigaruin, 287 a,,,  stultorum, 545, b.       Foedus, 542, b; 1051, a,
Factus, 826, b.,,  vindemiales, 530, a.     Foeniseca, 59, b.
Faecatum, 1203, a.             Ferre legem, 682, b.            Foenisicia, 60, a.
Falae, 284, b.                 Fercennina, 530, a.             Foenum G:raecum, 59. a.
Falarica, 589, a.              Festi dies, 409, b.                9,  cordum, 60, a.
Falcidia lex, 676, b.          Festuca, 730, a.                Foenus, 525, b.
Falcula, 518, a.               Fetiales, 530, b.,,   nauticum, 528, a.
Falsarii, 518, a.              Fibula, 531, b.                 Folliculus, 57, a; 543, a.
Falsum, 517, b.                Fictile, 532, b.                Follis, 543, a; 1022, a,
Falx, 518, a.                  Fictio, 534, b.                 Fons, 543, b.
Familia, 519, a; 574,b; 1041,a. Fideicommissarii praetores,   FForceps, 545, a.
Familiae emptor, 1144, b.        536, a.                       Fores, 427, b.,,   erciscundae   actio,  Fideicommissarius, 535, a.      Forfex, 197, b; 545, a.
520, a.            Fideicommissum, 535, a.         Forficula, 545, a.
Familiaris, 519, b.            Fidejussor, 640, b.             Fori, 283, b; 788, a.
Famosi libelli, 702, b; 725, b, Fidepromissor, 640, b.,        Foris, 625, b.
Famiulus, 519, a.              Fides, 148, b; 720, a.          Forma, 532, b; 545, b.
iFannia lex, 1077, b.           Fidicula, 148, b; 536, b.      Formacii, 47, a.
Fanum, 1104, a,                Fidis, 148, b.                  Formella, 545, b.
Far Clusinum, 54, a.           Fiducia, 536, b.                Formido, 989, a.,, venucullum rutilum, 54, a.  Fiduciaria actio, 536, b..    Formula, 11, a; 545, b.,, venuculurn candiduln, 54,  Fiduciarius, 535, a.           Formulae praejudiciales, 12 b,
a.                       Figlinae, 533, b.               Fornacalia, 545, b.
Farragro, 59, a.               Figulina ars,.532, b.          Fornacatores, 192, b.
Farreum, 741, a.               Figulus, 532, b.                Fornacula, 546, a.
Fartor, 520, a.                Filamen, 540, b.                Fornax, 546, a,
Fas, 521, b.                   Filia, 310, a.                  Fornix, 546, b,
Fasces, 520, b.             -_ Filiafamilias, 873, b.          Foro cedeve, or abire, 132,,
Fascia, 521, a.                Filius, 310, a.,, mergi, 13.2, a.
Fascinum. 521, b.              Filiusfamilias, 10, b; 879. b;'Foruli, 203, a; 283, b.
Fasciola, 521, a.                 874, a.                      Forum, 357, b; 546, b,
Fasti, 521, b.                 Filum, 540, b.                  Fossa, 31, b; 253, a,,,  annales, 523, a.         Fimbriae, 537, a.,,  caeca, 46, b.,,  calendares, 5-2, a.      Fines effati, 930, b.           Framea, 589, a,,,  Capitolini, 52S, b.      Finis, 29, b; 1032, a.          Frater, 310, a.,,  consulares, 523, b.      Finitores, 71, b.               Fratres arvales, 138, a.,,  dies, 522, a.            Finium  regundorum  actio,    Fraus, 929, a.,,  historici, 525, a.         557, 1).                      lrenum, 548, a.,,  sacri,.522, a.          Fiscales, 375, b.             -   rigidarium,  189, a; 197,. I'.
4 M




1}t'~66                      1 ~iNDEX.
Fritillus, 548, b.            Galli, 566, b; 575, b.        Helix, 590, b.
Frontale, 91, a.              Ganea, 259, a.                Hellanodicae, 590, b; 830, b.
Fiuctuaria res, 1221, a.      Gausapa, 567, a.              Hellenotamiae, 590, b.
Fructuarius, 1221, a.         Gausape, 567, a.              Helotes, 591, a.
Fructus, 421, b.              Gausapum, 567, a.             Hemina, 351, a; 367, a; 592, b.
Frumenta, 54, a.              Gemini, 150, b.                 979, a.
Frumentariae leges, 548, b.   Gener, 28, b,                 Heminarium, 35], a.
Frumentarii, 551, a.          Genethliaci, 144, b.          Hemistrigiam, 254, a.
Frumento servando, de, 53, b.  Geniculatus, 148, b.         Hepatizon, 25, b.
Fucus, 551, a; 1214, b.       Genititura, 144, b.           Heraea, 573, b.
Fuga lata, 515, b.            Gens, 567, b.                 Herculanei, 167., a.,,  libera, 515, b.         Gentiles, 567, b.             Hercules, 148, b.
Fugalia, 985, b.              Gentilitas, 568, a.           Hereditas, 598, a.
Fugitivarii, 1038, a.         Gentilitia sacra, 568, b.     Heredium, 652, a; 753, a.
Fugitivus, 1038, a.           Gentilitiurn jus, 568, a.     Heres (Greek), 594, a.
Fulcra, 674, b.               Germani,.309, b.,, (Romnan), 598, a.
Fulcrum, 118, b.              Gerrae, 574., a.              Hermae, 602, a.
Fullo, 551, b.                Gesta, 7, a.                  Hermaea, 604, a.
Fullonica, 552, b.            Gestatio, 619, a.             Hermanubis, 603., b.
Fullonicum, 552, b.           Gingrus, 1130, b.            -Hermares, 603, b.
Fullonium, 553, a.            Gladiatores, 574, a.          Hermathena, 603, b.
Fumarium, 1205. b.            Gladiatorium, 574, b          Hermeracles, 603, b.
Fumi immittendi servitus,   Gladius, 574, a.                Hlermogenianus codex, 301,b.
1032, a.                    Glandes, 554, a.              Hermuli, 602, a.
Funale, 553, a.               Gleba, 1022, a.               Herones, 604, b.
Funalis equus, 379, b.        Glomus, 565, a.               Hexaphori, 894, a.
Funambulus, 553, a.           Gios, 28, b..                  Hexaphoron, 672,.b.
Funarius, 379, b.             Gluma, 57, a.                 Hexeres, 785, b.
Funda, 553, b; 989, b.        Gomphi, 1192, b.              Iieronica lex, 690, b.:; 96.6, a.
Fundani, 543, a.              Gradus, 88, a; 577, a; 751, b. Hieronicae, 167, a.
Funditores, 553, b.,,.cognationis, 310,:a.    Hilaria, 608, a.
Fundus, 554, a.              Graecostasis, 579, b.          Hippoeratici, 746, b.
Funes, 790, a.                Grammatophylacium, 1093, a. H-ippodromus, 608, b; 619, a.
Funus, 554, b.                Granea, 55, b.                Hippoperac, 611, a.,,  indictivum, 558, b.    Graphiarium, 1071, a.         Hirpex, 645, b.,,  plebeium, 558, b.      Grassa-tores, 670, b.         Hister, 612, a.,,  publicumn, 558, b.     Gregorianus Codex, 301., b.    Histrio, 611, a.,,  tacitum, 558, b.       Grernium, 200, a; 1192, a.    Haedi, 149, a.,,  translatitium, 558, b.   Groma, 251, b.              Holoserica, 1028,'b.
Furca, 562, b..Gubernaculum, 788, b.         Honoraria actio, 10, a; 258, a.
Furcifer, 563, a.             Gustatio, 307, a.             Honorarii ludi, 716, a.
Furfures, 55, b.              Guttus, 192, b; 579, a.       Honorarium, 18, a; 686, a.
Furia, or Fusia Caninia lex, Gymnasium, 579,.a.,,    jus, 10,;a; 444, b.
690, a; 731, a.                                           Honores, 613,:b.
Furiosus, 376, a; 1113, b.                                 lHoplomachi, 575, b.
Furnus, 192, ); 546, a.                   H.                Ilura, 614, a.
Furor, 376, a.,,  genitalis, 144, b.
Furti actio, 563, b.          Ilabenae, 585, a.             Hordearium aes, 26,.a; 471, b.
Flurtum, 562, a.              Habitatio, 1031, a..         Hordeum, 55, b.,,  conceptum, 563, b.   Haeres, 594, a; 598, a.,,   cantherimnam, 56, a.,,   manifestum, 563, b.   Halicastrum, 54, a..,,    Galaticum, or dis-, ec manifestum, 563, Halteres, 585, a.                        tichum, 56, a.
- b.               Harmamaxa, 585, b.,   hexastichum, 56, a.
oblatum, 563, b.     Harmostae, 586, a.           IHorologium, 61.5, a.
Vus&cna, 564, b.             Harpaginetuli, 586, a.        Horrearii, 618, a.
Fustiuln apim.adversio, 565, a. Harpago, 586, b.            Hlorreum, 61 8, a.
qFustuariusr, 564 b,          Harpastum, 586, b.            Hortensia lex, 682, a; 690, b.
I? bs!us, 565, g,             Haruga, 587, a.                 696, b; 928, a.
Haruspices, 586, b.           Hortus, 618, a.
Haruspicina ars, 417, a; 587, a. Hospes, 621, a.
G.                Iar-uspicim,   417, a.      Hospitalia, 620, a.
i.asta, 267, b; 587, a.       -Iospitium, 619, a; 620, a.
Gabinla lex, 1091, a.,g.elibaris, 589, a.       -Iostia, 999, b.
Gabinus cinctus, 665, b; 1136,,  pura, 589, a.          Hostis, 619, b; 950, a.
b,,,  vendere sub, 172., b,    Hostus, 826, b.
Gaesum, 588, b.               Hastafiunm, 589, a.           Hunlare, 560, b.
Gaius, 639, b.                Hastati, 494, b; 496, b,      Hyacinthia, 621, b.
Galea, 565, b,                Helepolis, 590, a.            Hyades, 150, a; 162, h.
Galerus, -um, 330, a; 566, b.  Heliaea, 401, a,             Hydra, Hydros, 153, b.
Gallare, 566, b,              Heliocarninus, 432, b,       IHydraula, 622, b.




INDEX.                                          1267
liydromeluml, 1205, b.          Inofficiosi querela, 1118, a.    Judex, 10, b; 646, b; 968, a.
Iylpaethrae, 195, a.             Inofficiosum  testametun,,  ordinarius,  968,  a,
Ilypocaustum, 192, b.              1117, b.                                 969, a.
Hypogeum, 556, b.               Inquilini, 311, b.,,  pedaneus, 651, a.
Hypotheca, 916, a.              Inquilinus, 516, b; 710, a.,,  quaestionis, 648, b.
Ilypothecaria actio, 91, b.     Insania, 376, a.                 Judicati actio, 651, b.
Hypotrachelium, 325, a.         Insanus,, 376, a..               Judices editi, 648, b.
Inscripta, 945, a.,,  edititii, 77, b; 648, b
Insigne, 638, a.                Judicia duplicia, 520, a.
I.  J..             Instita,. 639, a.,,  extraordinaria, 709, a.
LZnstitor, 639, a.,,  legitima, 629, a.
Jaculatores, 503, a; 589, a.     Institoria actio, 639, a..,,.  quae imperio, 628, b.
Jaculum, 589, a; 989, b          Institutiones, 639, b.          Judicium,, 646, b.
Janitor, 427, b; 627, b.         Institutoria actio, 641, b.,,   album, 649, b.
Janua, 427,. b; 624, b,.         Insula, 430, a.,,    ex lege, 629, a.
Januarius, 231, 232..            Integruin, restitutio in,. 987,.,,    populi, 648, a.
Iatralipta, 628, m                 a.,,    privatum, 648, a.
latraliptice, 628, a.           Intentio, 12, b.,,    publicum, 648, a.
Iatrosophista, 6 8,. a.         Intercapedo, 191, a.,,   tutelae, 1178, b.
Iconicae statuae, 1063, a.      Intercessio, 640, b; 641, b.     Jugarii, 48, a.
Idus, 231, b.                   Intercisi dies, 409, b.          Jugerum, 651, b.
Jejunum solum, 45, b.            Interdictio aquae et ignis, 516, Jugum, 651, b; 652, a; 753, a.
Jentaculum, 306, a.                b.                            Jugumentumn, 624, b.
]licet, 560, b.                  Interdictum, 642, a.            Jugus, 651, b.
illustres, 628, a..,,      adipiscendae  pos- Juliae leges, 690, b,
Ilotae, 591, a.                                 sessionis, 643, a. Julia lex de adulteriis, 17, a.
I inagines, 628, b.,,      duplicium, 644, a.,,   agraria, 690, b.
Imbrices, 1098, b.,,      possessorium, 643,.    de ambimtu, 77, b.
lnmmunitas, 628,. b.                            a.,,   de annona, 690, b.
lInpendium, 525, b.,,      de precario, 643,b..,,   de bonis cedeadis,
Imperativae feriae, 528, bi,,      prohibitorium,                  690, b.
Ilnperator, 630,. a..                           642, a.,,   caducaria, 691, a.
Imperium, 628, b;. 992, b..,       quorum bonorum,,.   de caede et veneficio,
Impluvium, 427, b.                              983, b.                       691, a.
Impubes, 630, a;. 636, a.,,      recuperandae pos-,    de civitate, 691, a.
In bonis, 205, b.                               sessionis,643, b.,,   de foenore, 691, a.
Inauguratio, 631, b.,,        restitutorium,642,,,   de fundo dotals 691,,     regis, 992, a.                     a.                           a.
Inauris, 632, a.,,      retinendae posses-     S,   judiciaria, 691, a.
Incendium, 632, b..                             sionis, 643, a.,,   de liberis legationio
Ilcensus, 239, b;; 263,. a..,,      Salvianum, 643, a.             bus, 679, a.
Inceramenta navium, 903, b;,,      sectoriutn, 643, a;.,,    majestatis, 691, a.
Incestum, -us, 6.33, a.                         1013, b.,    municipalis, 691, a.
Incitega, 633, b.,,      simplicium,644,a..,,   et Papia  Poppaea,
Ilclinatio, 296, b.,,     utipossidetis, 643,.            691, b.
Incorporales res, 421, b.                       a.                    9,   peculatus, 881, b,
I ncubatio, 433, -b..,      utrubi, 643, a.,,   et Plautia, 692, b,
Incunabula, 634, a.             Intergerinus, 869, b.,,   de provinciis, 692. h,
Incus, 634, a.                  intergerivus, 869, b.,,   repetaudarum, 986,
Index, 704, b.                   Internundinum, 816, b.                       b.
Indigitamenta, 941, a..          Interpres, 77, a; 131, b; 644, b,    s,    de residuis, 881H, ).
Induere, 78, b.                 Interregnum, 644, b.,    de sacerdotiis, 693, a.
Indumelntum, 1173,. b;          Interrex, 644, b.,,.   de sacrilegis, 881, b;
Indusiumj, 1173, b,             Intervallurn, 248, a.                         1001, b.
Indutus, 78, b; 1173,- b.       Interula, 1173, b.,,   sumptuaria, 693, a;
Infamia, 6:34, b.               Intestabilis, 645, b.                         1078, a.
Infans, 636, a.                 Intestato, hereditatis ab, 598, a.,    theatralis, 693, a.
Infantia, 636, a;.               Intestatus, 598, a.,,   et Titia, 693, a.
Inferiae, 562, bt.              Intestinum opus, 645, b.,,   de vi publica et priInfula, 637, a.                 Intimum. solidurn, 57, a,                    vata, 1209, a.
Ingeniculatus, 148, b..         Indusium, 1173, b.,,   vicesimaria, 1196, a.
lngeniculas, 148, b.            Inventarium, 601, b.             Julius, 232.
Ingenui, 637, a.                Investis, 631, a.                Junea, or Junia, Norbana lex,
Ingenuitas, 637, a.             Irpex, 645, b.                      670,'a; 693,a; 705,1b; 731,a.
Ingratus, 878, a.               Iselastici ludi, 167, b.         Junia lexrepetundarum, 986, a.
Injuria 637, b.                 Italia, 318, a; 964, b.          Juniores, 333, b.
Injuriarum actio, 639 a; 1200, Iter, 937, a.                     Junius, 229, b; 232.
a.                            Iterare, 49, b.-                 Jure, actio in, 10, a; 655, b.
Inlicium, 335, b.               Itineris servitus, 1032, a.,, adcrescelldi, 600, b.
Innixus, 148, b.                Jubere, 1023, a.,, agere, 11, a.
J4 Mi 2




1268                                    INDEX.
Jure cessio, in, 653, a.                                     Leges centnriatae, 682, a.
Jureconsulti, 653, b.                       L.,,  curiatae, 332, b; 682, a
Jurgium, 653, a.,,  Juliae, 690, b.
Juridici, 653, b.             Labarum, 1045, a.              Legio, 490, a; 597, b.
Juris auctores, 17S, b, 653, b; Labrum, 191, a; 192, a.      Legis actiones, 9, a.
654, b.                     Labyrinthus, 664, a.,, Aquiliae actio, 383, b.
Jurisconsulti, 653, b.        Lacerna, 665, a.               Legitima  hereditas, 598, a
Jurisdictio, -57, b.          Laciniae, 665, a.                600, a.
Jurisperiti, 653, b.          Laconicum, 184, b; 190, b; Legitimae actiones, 9, a.
Jurisprudentes, 653, b.          191, b.                     Legitimum spatium, 1033, b.
Juris studiosi, 14.3, b.      Lacunar, 432, a.               Legitimus modus, 1033, b.
Jus, 655, b.                  Lacus,' 114, b.                Legumina, 57, a.,, aquae impetratae, 115, a.  Laena, 665, b.                Lembus, 680, a.,, Aelianum, 6.59, a.        Laesa majestas, 7.24, b.       Lemniseus, 680, a.,, annuli aurei, 95, b.      Lagenae, 1203, b.              Lemuralia, 680, b.,, annulorum, 95, b.         Lancea, 588, a.                Lemuria, 680, b.,, applicationis, 295, a.    Lancula, 667, a; 1170, b.      Lenaea, 411, b.,, augurium, or augurum, Lanarius, 919, b.                  Leno, 680, b.
179, a,                 Lanificium, 1099, b.          Lenocinium, 680, b.,, civile, 10, a; 656, a.    Laniger, 149, b.               Leo, 150, b.,,,,  Flavianum, 659, b.  Lanista, 574, b.                Leporaria, 69, b.,,  Papirianum, or Pa- Lanterna, 669, a.              Lepta, 270, b.
pisianum, 659, b. Lanx, 667, a.                 Lepus, 152, b.., civitatis, 291, b.        Lapicidinae, 671, a.           Leria, 708, a.
commercii, 291, b; 317,b. Lapis specularis, 432, a,      Lernaea, 681, a.
connubii, 291, b.         Laquear, 452, a.               Lessus, 559, a., edicendi, 444, a.          Laqueatores, 575, b.          Leuca, 893, b.,, eundi, 1032, a.           Laqueus, 667, b.               Leuga, 893, b.,, fetiale, 656, b.          Lararium, 667, b.              Levir, 28, b.,, gentilitium, or gentilitatis, Larentalia, 668, a.        Lex, 657, a; 658, b; 681, b.
568, a.                 Larentinalia, 668, a.,, Acillia, 986, b., gentium, 656, a.           Largitio, 77, a.,, Acilia Calpurnia, 77, b., honorarium, 10, a; 444b; Larva, 889, b.,,  Aebutia, 9, a; 267, a;
657, a.                Lata fuga, 515, b.                     684, a.,, honorum, 291, b.          Later, 668, a.,, Aelia, 684, a., Italicum, 317, a.          Laterculus, 668, a.,, Aelia Sentia, 684, a;,, Latii, 291, b; 669, b.    Laterna, 669, a.                      878, a.,, liberorum, 692, b.        Laticlavius, 294, a.,, Aemilia,.684, b.,, naturale, 656, a.         Latii jus, 669, b.,,,,   de censoribus,,, non scriptum, 657, b.     Latinae feriae, 529, b.                        684, b.,, Pontificium, 656, b; 941, Latini Juniani, 705, b.,,  Aemilia Baebia, 688, a.
b.                      Latinitas, 669, b.,, Aemilia Lepidi, 1077, b., possessionis, 946, a; 948, a. Latinus, 291, b.,, Aemilia Scauri, 731, b;,, postliminii, 949. b.      Latium, 669, b.                        1077, b., praediatorium, 955, a.     Latomniae, 671, a.,, agraria, 37, a; 685, a.,, praetoriumn, 444, b; 657, a. Latrina, 188, b.,, ambitus, 77.,, privatum, 291, b; 657, b. Latrociniutm, 670, a.,, Ampia, 684, b.,, publice epulandi, 1022, b. Latrones, 670, a.,, annalis, or Villia, 19, b:,, publicum, 291, b; 657, b. Latrunculi, 670, b.                   684, b.,, Quiritium, 291, b; 658a. Laturniae, 671, a.,, annua, 444, b.,, relationis, 1021, a.      Latus clavus, 293, b.,  Antia, 1077, b.,, respondendi, 654, a.      Lavatio calda, 190, b; 191, a.,, Antonia, 685, a.,, sacrum, 656, b.           Laudatio funebris, 559, a.,, Apuleia, 641, a; 685, a.,, scriptum, 657, b.         Laurentalia, 668, a.,,,,  agraria, 685, a.,, senatus, 1018, b.         Lautia, 677, b.,,,  frumentaria,,, suffragiorum, 291, b).    Lautomiae, 671, a.                           548, a; 685, a.,, superficiarium, 1078, b.   Lautumiae, 671, a.,,,, majestatis, 725, a.,, vocatio, in, 10, b.       Lectica, 671, b.,, Aquilia, 383, b.
Jusjurandum, 659, b.          Lecticarii, 671, b; 672, a.,,  Aternia Tarpeia, 685, a.,,     calumniae,2.35,a. Lecticula, 671, b; 672, b.,, Atia de sacerdotiis, 685. a.
Justa funera, 558, b.         Lectisternium, 673, a.,,  Atilia, 685, a; 693, a;
Justinianeus codex, 301, b.   Lectores, 92, a.                       1177, a.
Justitium, 663, b.            Lectus, 673, a.,, Atinia, 685, a.
Jussu quod actio, 663, b.,,  funebris, 671, b.,,  Aufidia, 78, a.
Justum, 659, a.               Legatarius, 675, a.,,  Aurelia, 650, a.
Juvenalia, or juvenales ludi, Legatio libera, 678, b.,,  Baebia, 685, a.
663, b.                     Legatum, 675, a.,,,,   Aemilia, 688, a.
Legatus, 677, b; 967, b.,,  Caecilia de Censoribus, or
Leges, 682, a.:,,      r,   Censoria, 685
censoriae, 265, a.                        V.




IN DEX                                           1269
Lex  Caecilia de vectigalibus, Lex Duodecim   Tabularumn,    Lex Marcia, 695, a.
685, b.                688, a.,,  Maria, 695, a.,,,,    Iidia, 685, b.,,  Fabia de plagio, 921, b.,,  Memmia, or Remmia,,,,,   tabellaria, 1091,,,  Falcidia, 676, b.                        234, b.
a.,,  Fannia, 1077, b.,,  Mensia, 695, a.,,  Calpurnia de ambitu, 77,,,  Flaminia, 690, a.,,  Millucia, 695, a.
b.,,  Flavia agraria, 690, a.,,  Octavia, 549, a.,,,,    de repetundis,,,  frumentariae, 549, b.,,  Ogulnia, 695, a.
648, b; 649,,,  Fufia de religione, 690, a.,,  Oppia, 1077, a.
b; 986, a.,,,, judiciaria, 650, a.,,  Orchia, 1077, a.,,  Canuleia, 685, b.,,  Furia or Fusia Caninia,,,  Ovinia, 695, a; 1018, a.,,  Cassia, 685, b.                          690, a; 731, a.,,  Papia de peregrinis, 695,,,,,  agraria, 685, b.,,,,  de sponsu, 641, a;                    a.,,,,  tabellaria, 685, b;                  732, a.,,,,   Poppaea, 206, b;
1091, a.,,,,  or Fusia testamen-                    418, b; 691, b;,,,, Terentia frumenta-                   taria, 676, b.                     878, b; 879, b.
ria, 685, b.,  Gabinia tabellaria, 1091,,,  Papiria, or Julia Papiria,,  Cincia, 685, b.                    a.                                de mulctarum aestimna-,,  Claudia, 686, a.,,  Gabiniae, 78, a; 690, a.            tione, 695, a.,,  Clodiae, 549, b; 686, a.,,  Gellia Cornelia, 690, b.,,  Papiria, 695, a.,,  Coelia or Caelia, 1091,a.,,  Genucia, 690, b.,,,,    Plautia, 695, b.,,  Cornelia agraria, 666, b.,,  Hieronica, 690, b; 965, a.,,,,    Poetelia, 696, a.,,,,   de civitate, 686,,,  Horatia, 690, b.,,,,   tabellaria, 1091,
b.,,  Hortensia de plebiscitis,                    a.,,,   de falsis, 517, b.          682, a; 690, b; 696, b;,,  Pedia, 695, b.,,,,  frumentaria, 549,             928, a.                    9,  Peducaea, 695, b.
a.,,  Hostilia de fastis, 690, b.,,  Pesulania, 695, b.,,,,      de injuriis, 638,,, lIilia, 690, b.,,  Petreia, 695, b.
a.,, judicaria  C. Gracchi,,,  Petronia, 695, b.,,,    jdiciaria, 650, a.    1017, b.,,  Pinaria, 695, b.,,,   de magistratibus,,,  Julia de adulteriis, 17, a;,,  Plaetoria, 374, b; 409,a.
686, b.                        419, a; 680, b.,,  Plautia, or Plotia de vi,,,,   majestatis,725, a.,,,,  de ambitu, 77, b.               1209, a.,,,, de novis tabellis,,,,,  de civitate, 319, b;,,,,    or Plotia judi688, a.                        320, a.                             ciaria, 650, a;,,,,  nummaria, 517,b.,,,,  municipalis, 635, b;                        695, b.,,,,   de parricidio,                    691, a.,,,,    Papiria, 293, a;
687, a.,,,,  peculatus, 881, b.                      695, ).,,,   de proscriptione,,  de viy 633, a.,,  Poetelia, 77, b; 696, a.
et proscriptis,,,  Juliae, 690, b; 691, 692,,,,,    Papiria, 696, a;
963, b.                 693, a.                                    797, a.,,   de repetundis,,,  Juniadeperegrinis, 693, a.,,  Pompeia, 696, a.
986, a.,,,,  Licinia, 693, b.,,,,    de ambitu, 77,,,,,   de sacerdotiis,,,.,  Norbana, 670, a;                         -b; 650, a;
997, h.                        693, a; 705, b;                       696, a.,,,   de sicariis et re-            731, a.,,,,    judiciaria, 650,
neficis, 670, b,,,,  repetundarum, 986,                        a.
687, a; 1188,                 a.,,,      de jure magisb.,,,,  Velleia, 693, a.                          tratuum, 696,,,,i   de sponsoribus,,,  Laetoria, 693, b.                                a.
641, a.           i,  Licinia de sodalitiis, 77,b.,,,,     de  parricidiis,,,,, sumtuaria, 1077,,,    i,  Junia, 693, b.. 687, a.
b.,,,   Mucia de civibus,,,,    tribunitia, 696,,,,,   testamentaria,                      regundis, 693, b.                    a.
517, b.,,,,  suituaria, 1077,,,,,    de vi, 633, a;,,,,   de vi publica,                     b.                                  650, a; 696,
1209, a.,,  Liciniae rogationes, 693,                     a; 1209, a.,,,,    tribunicia, 687, b.         b.,  Pompeiae, 696, a.,,,,    unciaria, 687, b.,,  Liviae, 549, a  694, a.,,  Popilia, 695, a.,,,,    Baebia, 77, b.,,  Lutatia de vi, 1209, a.,,  Porciae de capite civium,,,,,    Caecilia, 549, b.,,  Maenia, 694, b.                      696, a.,,,,   et Caecilia, 688,,,  majestatis,691,a; 724,b.,,  Porcia de provinciis, 696
a.,,  Mamilia de coloniis, 694,           a.,,  Curiata de inperio, 172,                b.,,  Publicia, 696, a.
b; 333, a.,,,,   finium regunda-,,  Publilia, 696, a.,,  Didia, 1077, b.                             rum, 694, b.,,,,     de alea, 75, a.,,  Domitia  de sacerdotiis,,,  mancipii, 728, a.,,,     de sponsoribus,
940, b.,,  Manilia, 694, b.                             641,a; 732,$a.,,  Duilia, 688, a.,,  Manlia de vicesima, 23,,,  Publiliae, 696, b; 928, a.,,,,  nmaenia, 688, a.             b; 731, b..,  Pipia, 697, a.




lS270                                      IND)EX.
Lex  Quintia, 697, a.           Liberales ludi, 414, b.          Lorarii, 540, a.,,  regia, 697, a; 1149, a.   Liberalia, 414, a.               Lori.ea, 711, a.,,  regiae, 332, a.           Liberalis causa, 143, a.         Luear,'613, a.,,  Remmia, 234, b.,,    malnus, 143, a.        Lucerences, 875, I); 1155, b.,,  repetundarum, 956, a.    Liberalitas, 77, a.              jLuceres, 875, b; 1155, b.,,  de residiis, 881, b.      Liberi, 637, a; 705, a.          Lucerna, 713, a.:,  Rhodia, 697, a.           Libertas, 704, b.                Lucta, 713, b.,,  Roscia theatralis, 697, b; Libertus (Greek), 705, a,       Luctatio, 713, b.
1123, b.,,   (Roman), 705, a.        Ludi, 714, b.,,  Rubria, 697, b.           Libertinus, 6'37., a..,  Apollinares, 715, a.,,  Rupiliae, 698, a; 964, b. Libitinarii, 558, a.,,  Augustales, 179, b.,,  sacratae, 698, a.         Libra, 706, a.,,  Capitolini, 715, a.,,  Satura, 683, a; 1008,b.,,  or as, 706, a:; 810, a.,,  Circeises, 286, b;714, b,,  Scantinia, 698, b.        Librae, 151, a.                           715, b.,,  Scribonia, 698, b.        Liblamentum  113, b.,,  compitalitii, 1347, b.,,  Sempronia de  foenore,  Libraria taberna, 704, b.,,  Consuales, 286, b.
699, a.                 Librarii, 570, b; 704, b; 706, b.,,  Florales, 542, a.,,  Semproniae, 698, b.       Librarius legionis, 7, b.,,  funebres, 715, b.,,  Servilia agraria, 699, a.:Librator, 707, a.,,  honorarii, 716, a.,,,   Caepionis, 649, b. Libripens, 727, b.,,  liberales, 414, b.,,,    Glaucia de civi- Liburna, 786, a.,, mragni, 715, b.
tate, 986, b.   Liburnica, 786, a.,,  Martiales, 716, a.,,,,    Glaucia de repe- Liceri, 172, a.,,  Megalenses, 749, a.
tundis,6-49,:b;  Licia, l101, a.,,  natalitii, 716, a.
986, b.        Liciatorum, 1101, a.,,  Palatini, 716, a.,,,,  judiciaria, 649,  Licinia lex de sodalitiis, 77, 8.,,  piscatorii, 716, a.
b; 699, a.,,  Junia lex, 693, b.,,  plebeii, 716, a.,  Silia, 699, a.,,   Mucia lex, 693, b.,,  pontificales, 716. b.,,  Silvani et Carbonis,695,b.,,  lex sumturia, 1076, b.,, quaestorii, 716, b.,,  Sulpicia Sempronia, 699, Liciniae rogationes, 693, b.,,  quinquennales, 9, a.
b.                      Licitari, 172, a.,,  Romani, 716, b.,,  Sulpiciae, 699, b.        Lictor, 707, a.,,  saeculares, 716, b.,,  Sumptuariae, 1077, a.    Ligo, 707, b.,, sceniei, 714, b; 749, a.,,  Tabellariae, 1091, a.     Ligula, 707, b; 979, a.,,  Tarentini, 716, b.,,  Tarpeia Aternia, 685, a.  Lima, 707, b.,,  Taurii, 716, b.,,  Terentia Cassia, 549, a.   Limbus, 707, b.                 Ludus, 574, b.,  Terentilia, 699, a.        Limen, 624, b; 949, b.,,   duodecim  scriptorum,,,  Testamentariae, 699, b.   Limes, 29., b.                              67I1, a.,,  Thoria, 699, b.           Limitatin, 29, b.,,  latrunculorurn, 670, b.,,  Titia, 700, b.            Limus,;1,075, a.,,   Trojae, 28'8, a.,,,,  de alea, 75, a.     Linearii, 29, b.                 Lumen, 115, a; 538, b.,,,   de tutoribus, 700, Linteamnen, 851, b.                 Luminumn servitus, 1031, b.
b,               Linteones, 1099, a.              Lupanar, 258, b.,,  Trebonia, 700, b.         Linteum, 674, b.                 Lupatum, 548, a.
Tribunicia, 1149, a.      Linum, 1092, a.                  Lupercalia, 718, a.,,  Tullia de ambitu, 77, b.  Lirare, 49, b.                   Luperci, 718, a.,,,,  de  legatione  li- Literae, 843, b.              Lmpus ferreus, 719, a.
bera, 679, a.    Literartum obligatio, 818, a.    Lustratio, 719, a.,,  Valeria, de proscriptione, Literati, 1041, b.              Lustrum, 259, a; 719, b.
963, b.                 Lithostrotum, 431, a.            Lychnuchus,,,  Valeriae, 700, b.         Litis contestatio. 708, a; 819, a. Lyra, 148, b; 720, a.,,,,    et Horatiae,    Litus dividuae exceptio, 11. b.
700, b; 928, Lituus, 709, b.
a.            Lixae, 234, b.                                 M.,,  Varia, 725, a.            Locare agrum,  43, a.; 48, b.
V,,   atinia  de  provijneiis,  Locarii, 88, h.                Macebus, 347, a.
701,,a.       Locati et conducti actio, 710,a. Macedonianum  senatusconsul.
9,,,  de colonSis 701, a, Locatio, 710, a.                   tum, 1026, a.,,  de vi, 1209, a.,,   fructus, 43, a.          Maaellarius, 722, a.,,  viaria, 701, a; 11'9.,0 a.   Locator, 710, a.              Macellum, 722, a.,, vicesimaria, 1196, a.      Loculameutum, 203, a.           M1aceria, 769, b.,,  Villia annalis, 701, b.   Loculus, 55.9, b.                Machinae, 722, a.,,  Visellia, 96, a; 701, b.   Locuples, 710, a.               Macrumr solum, 45, b.,,  Voconia, 696, b; 701, b. Locusliberatuseteffatus, 1104,  ~Iactra, 1, a.
Libatio, 1000, a.                  a.                             Maenia lex, 694, b.
Libella, 702, b; 706, a.         Lodicula, 710, a.       /        Alaenianum, 86, b; 88, a; 723,
Libellus, 792, b; 84:3, b.      Lodix, 710, a.                      a.
Liber, 637, a; 703, b; 704, b. Logistae, 376, b.                 Magadis, 721, a; 779, a.,   statu, 730, b.            Iomrentum, 57, b.                Magister, 723, a.
Libera fuga, 515, b.              oioa. 120:3, a.?,    admissionum,  14, b.




INDEX.                                       1271
Magister armorum, 72S, a.    Mastiche, 903, b.              Modius, 764, b.,,   auctiones, 208, b.    Matara, 589, a.              MIodulus, 764, b.:,    convivii, 1082, b.    Mater, 310, a.,,  acceptorius, 115, a.,,   epistolarum, 723, a. Materfamilias, 519, b; 740, b.,,  erogatorius, 115, a.,,-   equitum, 407, b.    Mathesis, 144, b.             Modus legitinmus, 1033. b.,,   libellorum, 723, a.  Mlatralia, 735, a.            Moenia, 769, b.,,    memoriae, 723, a.   Matrimonium, 735, b.          Mola, 765, a.,,   militum, 723. a.     Matrona, 741, a.,, salsa, 743, a; 999, b.,,   navis, 480, b.      Alatronales feriae, 744, a.    Monarchia, 766, a.,,   officiorum, 723, a.   Matronalia, 744, a.          Monaulos, 1130, b.,,   populi, 405, a.      Mausoleum, 561, a; 744, a.   AMoneta, 766, a; 808, b.
scriniorutm, 723, b.  Mazonomus, 745, b.           Monetales triumviri, 766. a
societatis, 723, b.   IMediastini, 48, a; 745, b.  Monetarii, 767, a.
vicorum, 723, b.    Medicamina, 1204, a.           Monile, 767, b.
Magistratus, 723, b.          Medicina, 745, b.              Monitor, 1122, a.
Magnifici, 628, a.            Medicus, 747, a.               Monopodium, 758, a.
Mlaius, 232, a.               Mledimnus, 748, b.             Monoxylon, 783, a; 875, b.
lMIajestas, 724, b.           Meditrinalia, 748, b.          Monstrum, 961, a.
Majores, 636, b.              Medix tuticus, 748, b.         Monumentum, 561, a.
Malleolus, 726, a.            Medulla nudata, 55, ib.        Morator, 287, a.
Malleus, 726, a.              Megalenses ludi, 749, a.       Morbus comitialis, 336, b.
Malluvium, 729, b.            Megalensia, 149, a.            Mortarium, 768, b.
Malus, 789, a.                Megalesia, 749, a.             Morum regimen, 263, a.
-Aalus oculus, 521, b.        Melligo, 70, b.,,  cura, or praefectura,
Mamilia lex, 694, b.          Membrana, 703, b.                 263, b.
Mammaeani, 75, b.            _Memmia lex, 234, b.            Mos, 657, a.
Manceps, 265, a; 726, b.      Mensa, 749, b.                 Motio e senatu, 264, a.
Mancipatio, 727, b; 1116, a.,,  de, 131, a.,,  e tribu, 264, b.
Mancipi res, 421, b; 1218, a.  Mensae Delphicae, 2, a,       Muciana cautio, 259, b.
Mancipii, 728, a.,   scripturami, per, 131, a. MlIulier, 1179, a.
causa, 726, b.       Mensam per, 131, a.            Mulleus, 222, a.
Mancipium, 727, a.           IMensarii, 750, a.              Mulsa, 1205, t).'l\andata principum, 728, b.    Mensularii, 750, a.          Mulsum, 1205, a.
Mandatarius, 728, b.         M3ensia lex, 695, a.            Multa, 929, a.
AMandati actio, 728, b.       Mensis, 238, a.                Munerator, 574, a.
Mandator, 728, b.             Mensores, 71, b; 750, b.       Municeps, 318, b.
Mandatum, 728, b.             Menstruum, 1041, b.            Municipes, 318, b.
Mandrae, 671, a.              Mensura, 750, a.               Municipium, 318, b.
Mane, 409, a.  -Mercenarii, 758, a.                          Munifex, 202, a.
Mangones, 1040, a.            Mercenarius, 48, a.            Munus, 574, a; 613, b.
Manica, 729, a.               Merenda, 306, b.               Munychia, 769, a.
MIanicula, 118, a~.           Meridiani, 575, b.             Muralis corona, 360, b.
Alanilia lex, 694, b.         Meridies, 409, a.              Muries, 1190, a,
Manipulares, 500, b.          Messio, 52, b.                 Murrea vasa, 769, b.
Blanipularii, 500, b.         Mletae, 284, a.                Murrhina vasa, 769, b.
Manipulus, 494, a  497, a; Metallnam, 759, a.                Mtrus, 769, b.
500, 1).              -     Methodici, 746, b.             Muscarium, 5S9, b,
Manlia lex, 731, b.           Metretes, 762, a; 1223, b,     Musculus, 772, a.
R1ansio, 729, a.             IMetronomi, 762, 1,             Museum, 772, b.
Mansionarius, 729, b.         Milium, 56, a,                 Musica muta, 862, a.
Mansiones, 729, b; 880, b.    Mille passuum, 762, b.         Musivarii, 915, b.
Mantele, 729, b.              Milliare, 76'2, I.             Musivum opus, 431, a, 9$!, a,
MIanuarium aes, 26, b.       ~Milliarium, 762, 6t            Mustaceum, 743, a.
Manuubiae, 951, bI; 1053, b.,,   aureum, 763, a'.      Mustum, 1201, I.
Manum, conventio in, 740, b; Milvus, 154, a.                MIlutationes, 729, b,
742, a.                     Mimus, 763, a.                 Mutui actio, 780, b,
Mlanumissio, 730, a.          Mina, 931, b.,,  datio, 780, b.
Manumissor, 730, b.           Minores, 374, b; 636, b,       Mutuli, 325, a.
TManus, 26, b.                I\linucia lex, 695, a,        JMlutus, 818, a; 11 3, a.,,  ferrea. 586, b.        Minutio capitis, 239, b        lMutuum, 780, b.,,  injectio, 731, b.      Mirmillones, 575, b.           Mlysteria, 781, a.
Mappa, 729, b.                Missio, 499, b: 575, a,       M/ystru;m, 782, a.
~Marcia lex, 695, a.,, causaria, 499, b.
Margines, 11 92, b.,, honesta, 499, b.
Maria lex, 695, a., ignorniniosa, 499, b.
Marsupium, 732, b.            Missus, 287, b.                Nacca, 5,51, b,
MIartialis flamen, 504, a.,,  aerarius, 287, b.        Naenia, 559, a.
IVIartiales ludi, 716, a,     Mitra, 329, b; 1224, b.        Narthecia, 1214, ~.
Mlartius, 232.                Mixta actio, 10, a.            Natalitii lpdi, 716, a.
Alastigia, 540, a, j          Modiolus, 378, b; 764, b.      Natalibiis restitutio, 63, 1.:
4 it 4




1272                                    INDEX.
Natatio, 189, b; 195, a.      Nummus aureus, 182, a.         Oppia lex, 1077, a.
Natatorium, 189, b.           Nuncupatio, 1116, b.           Oppidum, 285, a.
Naturales, 879, b.            Nundinae, 815, b.              Opsonator, 836, a.
Navalia, 782, a.              Nundinum, 816, b.              Opsonium, 8'35, b.
Navalis corona, 360, a.       Nuntiatio, 176, b; 835, b.     Optio, 497, 506, a.,,  scriba, 1012, a.      Nuptiae, 735, b.               Optimates, 799, b.
Navarchus, 782, b.            Nurus, 28, b.                  Opus, or acceptum. referre,
Navis, 783, a.                                                     265, b.,,  aperta, 784, b.,,  novum, 835, a.
Naumachia, 792, b.                          O.               Oraculum, 836, b.
Naumachiarii, 792, b.                                        Orarium, 843, a.
Nauta, 480, b.                Oarion, or Orion, 152, a;  Oratio, 16, b.
Nebris, 793, b.                  161, b.                     Orationes principum, 843, a.
Necessarii heredes, 598, b.   Obarator, 52, a.               Orator, 843, b.
Nefasti dies, 409, b.         Obeliscus, 816, b.             Orbis, 532, b.
Negativa actio, 350, a.       Obices, 626, b.                Orbus, 692, b.
Negatoria actio, 350, a; 1033, a. Obligatio, 817, a.         Orca, 1048, b.
Negligentia, 373, a.          Obligationes, 817, a.          Orchestra, 1122, a.
Negotiatores, 794, b.         Obnuntiatio, 176, b.           Orchia lex, 1077, a.
Negotiorum  gestorum  actio, Obolus,821,b; 931,b; 1213,b. Orcinus libertus, 730, b.
794, a.                     Obrogare legem, 682, b.,,   senator, 730, b;
Nenia, 559, a.                Obsidionalis corona, 359, a.              1G17, a.
Nepos, 310, a.                Obsonium, 835, b.              Ordinarii gladiatores. 575, b.
Neptis, 310, a.               Occasus, 155.,,  servi, 1041, a.
Neptunalia, 795, b.           Occatio, 52, a; 984, b.        Ordinariusjudex, 968, a; 969, a.
Neroniana, 983, a.            Occupatio, 821, b.             Ordinum  ductores, 497, a;
Nexum, 795, b.                Ocimum, or Ocymum, 59, b..    504, b.
Nexuts, 796, a.               Ocrea, 822, a.                 Ordo, 318, a; 501, b; 676, b;
Nidus, 203, a.                Octavae, 1184, b.                      845, a.
Nisus, or Nixus, 148, b.      Octavia lex, 549, a.,  decurionum,  S18, a;
Nobiles, 798, b.              October, 232,                          845, a.
Nobilitas, 798, b.,,   equus, 880, a,,, equestris, 473, b; 845, a.
Nodus, 800, a.                Octophoron, 672, b.,, senatorius, 845, a; 1018,
Nomen, 527, a; 800, a.        Oecus, 428, b.                         a.,,  expedire,or expungere, Oenomelum, 1205, b.            Oreae, 548, a.
131, a.             Oenophorum, 823, b.            Organum, 722, a.,,   Latinum, 1050, a.     Oenophorus, 823, b.           Orichalcum, 25, a; 845, b.,,  (Greek), 800, a.       Oesipum, 1214, b.             Originarii, 311, b.
(Roman), 800, bI.     Offendix, 102, a.              Ornamentatriumphalia,l 167,lt)
Nomenclator, 77, a.           Officiales, 508, b.           Ornatrix,
Nonae, 231, b.                Officium admissionis, 14, b.    Orneatae, 888, b.
Norma, 806, a.                Offiingere, 49, b.             Ornithones, 68, b.
Nota, 806, a.                 Ogulnia lex, 695, a.           Ortus, 155, b.,, censoria, 263, b; 635, b.  Olea, 82,3, b.               Oscines, 175, b.
Notarii, 8, b; 222, a; 806, a; Oleagina corona, 361, b.      Oscillum, 846, a.
807, a.                     Olenie, 149, a.               Ostentum, 961, a.
Notatio censoria, 263, b.     Olenium  astrum, or pecus,   Ostiarium, 846, a.
Novacula, 197, b.               149, a.                      Ostiarius, 427, b.
Novale, 60, b.                Oletum, 823, b.                Ostium, 427, a; 624, a.
Novalis, 60, b.               Oleum, 823, b.                 Ova, 284, a.
Novatio, 819, a.              Oliva, 823, b.                 Ovalis corona, 361, a.
Novellae, 807, a.             Olivetrnm, 823, b.             Ovatio, 846, a.
constitution.s, 807, a. Olla, 561, b; 827, a.       Ovile, 336, b.
November, 232.                Olor, -149, a.                 Ovinia lex, 1018, a.
Novendiale, 562, a; 807, b.    Olympia, 9. a; 828, a.
Noverca, 28, b.               Onager, 1139, a.
Novi homines, 799, a.         Onerariae naves, 8358, b.                   P.,, operis nuntiatio, 835, a.   Oneris ferendi servitus, 1031,b.
Noxa, 808, a; 929, a,         Onyx, alabaster, 74, a.        Pabula, 58, b.
Noxalis actio, 807, b.        Opalia, 835, a; 1009, b.       Pactio, 820, b.
Noxia, 808, a.                Operae, 878, b.               Pactum, 821, a.
Nubilarium, 53, a.,,  servorum  et anima-  Paean, 846, b.
Nucleus. 1192% a.               lium, 1031, a.               Pacdagogia, 847, b.
Nudipedalia, 22i, a.          Operarii, 8, b; 47, b.         Paedagogiuni, 847, b.
Nudus, 808, b.                Operis novi nuntiatio, 835, a.  Paedagogus, 847, a.
Numeratio, 1019, b.           Opifera, 790, b.               Paenula, 848, a.
Numisma, 808, b.              Op)ina spolia, 1054, a.        Paganalia, 848, b.
Nummularii, 750, a.           Opilnianum vinurn, 1201, b.   Pagani, 848. h.
Numularii, 750, a.            Opinatores, 838, b.            l'aganiea, 919, a.
Nummus, or Numus, 808, 1.  O(,i4tographi, 704, a.            Pagi, 848, tl.




INDE.                                    1.273
I'ala, 96, b; 848, b.        Patres conscripti, 1016, b.   Perscribere, lsl, a.
Palaestra, 849, a.           Patria potestas, 873, a.      Perscriptio, 131, a.
Palangae, 894, a.            Patricii, 875, a.            Persae, 149, b.
Palaria, 854, b.             Patrimi et matrimi, or Patri- Perseus, 149, a.
Palatini ludi, 716, a.         mes et matrimes, 877, h.    Perula, 886, a.
Palea, 57, a.                Patrimus, 877, b.             Prosecutoria actio, 10, a.
Palilia, 849, b.             Patrona, 878, a.              Persona, 889, b.
Palilicium, or Parilicium sidus, Patronomi, 877, b.        Pertica, 893, a.
150, a.                    Patronus, 878,a.             Pes, 751, b; 893, a.
Palimpsestus, 704, a.        Patruus, 310, a,,, Drusianus, 893, b.
Palla, 850, b.               Pavimenturn, 431, a; 1192, b.,, sestertius, 893, b.
Palliata fabula, 346, b.     Pavonaceum, 1099, a.          Pessulus, 626, b.
Palliatus, 853, b.           Pauperie, actio de, 810, b.   Pesulani lex, 695, b.
Palliolum, 850, b.           Pauperies, 880, b.            Petasus, 920, a; 1213, b.
Pallium, 850, b.             Pausarii, 880, b.             Petauristae, 894, a.
Palmipes, 853, b.            Pecten, 881, a; 1101, b.      Petaurum, 893, b.
Palmus, 75, b; 372, b; 853, b. Pecuarii, 881, a.           Petitor, 13, a; 77, a.
Paludamentum, 853, b.        Peculator, 881, a.            Petorritum, 894, a.
Paludatus, 853, b.           Peculatus, 881, a.            Petreia lex, 695, b.
Palus, 854, b.               Peculio, actio de, 1037, b.   Petronia lex, 695, b.
Panathenaea, 855, a.         Peculium, 869, b; 1037, b.    Phalae, 284, b.
Pancratiastae, 857, b.,,    castrense, 874, b.    Phalangae, 894, a.
Pancratium, 857, a.          Pecunia, 808, b.              Phalangarii, 894, a.
Pandectae, 858, a.,,  certa, 818, a.         Phalanx, 481, b; 482, b;
Panegyris, 861, b.,,  vacua, 131, a.              488, a.
Panicum, 56, a.              Pecuniae repetundae, 986, a.   Phalarica, 589, a.
Panis gradilis, 550, b.      Pecus, 881, a.                Phalera, 894, a.
Pantomiinus, 862, a.,,  hirturn, 61, b.         Phallus, 411, a; 521, b.
Papia lex de peregrinis, 695, a.,, Tarentinum,or Graecum, Pharetra, 894, b.,, Poppaea  lex, 206, h);         61, b.                 PIlaros, or Pharus, 895, a.
418, b; 691, b; 878, b; Pedaneusjudex, 651, a.           Phaselus, 895, b.
879, b.                    Pedarii senatores, 851, a;   Phengites, 1052, b.
Papiria lex, 695, a.           1018, a.                    Philyra, 703, b.
Plautia lex, 695, b.    Pedisequi, 881, b.          Phrygio, 851, a.,,  Poetelia lex, 696, a.   Peducaea, lex, 695, b.      Picatio, 1202, a.,,  tabellaria lex, 1091, a. Pedum, 881, b.             Pictura, 899, b.
Papyrus, 703, b.             Pegasus, 149, b.              Pignoraticia actio, 917, b.
Par impar ludere, 863, a.    Pegma, 882, a.                Pignoris capio, 916, b.
Paradisus, 863, b.           Pegmares, 882, a,             Pignus, 915, b.
Paragauda, 864, a.           Pellex, 349, b.               Pila, 768, b; 918, a.
Parapherna, 437, a.          Pellis, 882, a.,, trigonalis, 919, a.
Parasiti, 867, a.            Pelta, 882, b.                Pilani, 501, b.
Parentalia, 562, b.          Penicillus -um, 903, a.       Pilentum, 919, a.
Paries, 868, a.              Pentacosiomedimni, 266, a,  Pileolum, 919, b.
Parilia, 849, b.               1155, a.                    Pileolus, 919, b.
Parma, 496, b; 870, a.       Pentathli, 883, a.            Pileum, 919, b.
Parmula, 870, a.             Pentathlon, 883, a.           Pileus, 919, b.
Parochi, 870, b.             Peplum, 884, b.               Pilicrepus, 918, b.
Paropsis, 870. b.            Per condictionem, 885, b.     Pilum, 497, a; 588, a; 768, D.
Parricida, 687, b.           Per judicis postulationem,   Pinacotheca, 921, a.
Parricidium, 687, a.           885, b.                     Pinaria lex, 695, b.
Partiarius, 48, b.           Per manus injectionem, 731, b. Pinsere, 54, b.
Pascendi servitus, 1032, a.  Per pignoris capionem, or cap- Piscatorii ludi, 716, a.
Pascua, 1184, a.               tionern, 885, b.            Pisces, 151, b.,,  publica, 1012, a.     Pera, 886, a.                 Piscis, 153, b.
Passurn, 1203, b.            Perduellio, 725, a.           Piscina, 70, a; 114, a; 189, b;
Passus, 751, b; 87.1, a.     Perduellionis duumviri, 886, b.   191,b; 195, a; 921, a.
Pastio, 61, a.               Peregrinus, 291, b.           Pistillum, 768, b,,,  agrestis, 61, a.      Peremptoria exceptio, 11, b.   Pistor, 921, a.,,  villatica, 66, a.     Perferre legem, 682, b.       Pistrinum, 765, b; 768, b.
Pastophoros, 871, a.         Pergula, 886, b.              Pistris, or Pistrix, 152, a.
Patella, 871, b;             Periscelis, 889, a.           Pittaciumn, 533, hb.
Pater, SI 10, a.             Peristiarchus, 441, b.        Plaetoria lex, 374, b; 409, a.
familias, 519, b; 874, a. Peristroma, 674, b; 1079, b.   Plaga, 989, b., patratus, 531, a.        Peristylium, 425, a; 428, a;   Plagiarius, 921, b.
Patera 871, b.                 889, b.                     Plagium, 921, b.
Pathologia,                  Peritiores, 653, b.           Planetae, 922, a.
Patibulum, 563, a.           Permutatio, 130, b.           Planetarii, 144, b.
Patina, 872, b.              Pero, 889, b.                 Plaustrum, or P0io:truml  147,
Patres, 875, a; 1016, a.     Perpetua actio, 8, a; 10, b.   b; 923, a.




1274                                     INDEX.
Plautia, or Plotia lex de vi, Porciae leges, 696, a.           Praes, 954, b.
1 209, a.            Porta, 943, a.                 Praescriptio, 12, a; 955, a.,,  judiciaria, 650, a; 695,,,  decumana,249, a; 251,b.  Praeses, 967, b; 969, a.
b.,,  Libitinensis, 285, b.     Praesidia, 250, b.
Plebeii, 923, b.,,  pompae, 285, b.           Praestatio, 955, b.,,  ludi, 716, a.,, praetoria, or extraordli- Praetentura, 251, b; 253, b.
Plebes, 923, b.                        naria, 249, a; 251, b.  Praeteritii senatores, 264, b;
Plebiscittlm, 682, a; 927, b.,, principalis, 249, a.        1018, a.
Plebs, 923, b.,, q(uaestoria, 249, a.       Praetexta, 1137, a.
Plectrum, 721, b.,, triuinphalis, 285, b.      Praetextata fabula, S46, b.
Pleni menses, 226, a; 227, b.  Portentum, 961, a.              Praetextatus, 631, a.
Pleiades, 150, a; 157, h.      Porticus, 944, a.               Praetor, 956, a.
Pleurici, 30, b.               Portisculus, 944, b.,,  peregrinus, 956, 1).
Plostellum poenicum, 53, a.    Portitores, 945. a; 973, b.,,  urbanus, 956, b.
Plumarii, 923, a.              Portorium, 944, b.              Praetoria actio, 10, a.
Pluteus, 674, b; 928, b.       Portumnalia, 945, b.,,   cohors, 957, a.
Pneumatici, 746, b.            Portunalia, 945, b.             Praetoriani, 957, a.
Plyx, 440, b.                  Posca, 945, b.                  Praetorii latera, 251, b; 253,
Poculum, 923, b.               Possessio, 38, a; 945, b; 949, a.   a.
Podium, 86, b; 88, a; 323, b;,,   bonae fidei, 422, b.   Praetorium, 246, b; 251, b,
929, a.,,   bonorum, 208, b.         253, a; 958, a.
Poecile, 944, a.,,   clandestina, 643, b.   Praevaricatio, 1027, b.
Poena, 929, a.                 Possessor, 946, b; 949, a.      Pragrmatici, 844, a.
Poetelia Papiria lex, 696, a; Postes, 624, b.                  Prandium, 306, a.
797, a.                      Posticum, 624, b.               Precarium, 39, b; 643, b.
Politor, 48, b.                Postliminium, 949, b.           Prehensio, 1151, b.
Pollen, 55, b.                 Postmeridianumtempus, 409, a. Prelum, or Praelum, 958, a.
Pollex, 372, b; 751,b; 893,b.  Postsignani, 502, b.            Prensatio, 77, a.
Pollicaris, 893, b.            Post1ulaticii, 575, b.          Primicerius, 958, a.
Pollicitatio, 821, a.          Postumus, 601, a.               Primipilaris, 508, b.
Pollinctores, 558, a.          Potestas, 873, a.               Primipilus, 505, a.
Polus, 615, a; 929, b          Praecidianeae feriae, 530, a.    Princeps juventutis, 475, a.
Polychromy, 905, b; 1092, a. Praecinctio, 87, a;  88, b;,,   senatus, 1017, b.
Polymita, 1102, b.               1121, a.                      Principales constitutiones, 351l
Pomeridianum ternpus, 409, a. Praecinctus, 1173, a.              a.
Pomoerium, 930, a.             Praecones, 951, b; 1125, a.    Principes, 494, b; 496, b.
Pompa, 931, a.                 Praeconium, 951, b.             Principia, 502, a.,,  Circensis, 287, a.      Praeda, 950, b; 951, b; 1053, b.,,   via, 248, a.
Pompeiae leges, 696, a.        Praedia, 954, b; 955, a.        Principium, 332, a.
Pondera, 931, a.               Praediator, 954, b.             Privatae feriae, 528, a.
Pondo, 706, a.                 Praediatorium jus, 955, a.      Privatum jus, 291, b; 657, b.
Pons, 336, b; 936, b.          Praediorum  servitutes, 1031; Privilegium, 514, b; 516, a;,,  Aelius, 938, b.            1033, a.                        683, b; 805, b.,,  Aemilius, 937, b.        Praedium, 952, a.               Privigna, 28, b.,,  Cestius, 937, b.         Praefecti sociorum, 497, b.     Privignus, 28, b.,,  Fabricius, 937, b.       Praefectus, 967, b.             Proamita, 310, a.,, Janiculensis, 938, a.,,   aerarii, 24, a.        Proavia, 310, a.,,  Milvius, 938, a.,,   alimentorum, 75, b. Proavunculus, 310, a.,,  Palatinus, 937, b.,    annonae,  540, b; Proavus, 310, a.,,  Sublicius, 937, a.                    952, a.            Probatio nummorum, 131, b.,, suffragiorum, 939, b.,,   aquarum, 115, b.    Proconsul, 960, b; 967, b.,,  Vaticanus, 936, a.,,   castrorum, 952, b.   Procubitores, 503, a.
Pontifex, 9.38, b.,,   classis, 952, b.      Procuratioprodigiorum, 961,a.
Pontificales libri, 941, a.,,   fabrium, 517, h.       Procurator, 12, a; 47, a; 48,,,    ludi, 716, b.,,   juri dicundo, 318, b.              a; 222, a; 961,a;
Pontifices minores, 942, a.,,    praetorio, 952, b.                 967, b.
Pontificii libri, 941, a.,,   vigilum, 510, a.,,   alimentorum, 75, b.
i'ontificium jus, 656, b; 941.,,    urbi, 953, a; 993, a.,,   peni, 260, b.
Popa, 258, b;;373, b; 1000, a. Praefectura, 318, b; 319, a.    Procyon, 152, b.
Popilia lex, 695, a.           Praeficae, 558, b.              Prodigium, 961, a.
Popina, 258, 1b.               Praefurnium, 192, b; 546, a.  Prodigus, 1 11, b.
Poplifugia, 942, b.            Praejudicium, 954, a.           Proeliales dies, 410, a.
Populares, 799, b.             Praelusio, 575, a.              Profesti dies, 409, b.,,   actiones, 1200, b.    Praenomen, 801, b.             Progenor, 28, b.
Popularia, 88, b.              Praepetes, 175, b.              Projiciendi Servitus, 1031, b
Populi scitum, 682, b.         Praepositus, 954, b.            Proletarii, 239, a.
Populifilgia, or  Popliftlgia,  Praerogativa centuria,         Promatertera,.310, a.
942, b.,,    tribus,  338, b; Promissa, 741, b.
Populus, 88, b..39, b.                       Promissor, 817, b.
Por, 1039, b.                  Praerogativae, 339, b.          Promulsis, 307, a; 1205, b.




INDEX.                                       1-275
Promus, 260, b.               Pythia, 837, a.                QuGd jussu, actio, 663, b.
Promuscondus, 260, b.         Pytho, 836, a.                 Quorum  bonorum, interdic.
Pronepos, 310, a.             Pyxidula, 978, b.                tum, 983, b.
Proneptis, 310, a.            Pyxis, 978, b.
Pronubae, 744, a.
Pronubi, 743, b.                                                          R.
Pronurus, 28, b.                           Q.
Propatruus, 310, a.                                          Radius, 378, b.
Propes, 790, b.               Quadragesima, 978, b.          Ramnenses, 875, b; 1155, b.
Propnigeum, 192, b.           Quadrans, 140, b.              Ramnes, 875, b; 1155, b.
Proportionales, 30, b.        Quadrantal, 979, a.            Rapina, 58, b.
Propraetor, 967, a.           Quadratarii, 915, b.,,  or rapta bona, 564, a.
Proprietas, 422, a.           Quadriga, 379, b.              Rallum, 984, b.
Prora, 786, a.                Quadriremes, 785, b.           Rallus, 984, b.
Prosceniium, 1122, a.         Quadrupes, 880, b.             Rastellus, 984, b.
Proscindere, 49, b.           Quadruplatores, 980, a.        Rasitare, 197, b.
Proscribere, 963, b.          Quadruplicatio, 12, a.         Raster, 984, b.
Proscripti, 963, b.           Quadrussis, 141, a.            Rastrum, 984, b.
Proscriptio, 963, b.          Quaesitor, 648, b.             Rates, 783, a.
Prosecta, 1000, a.            Quaestiones, 648, b.           Rationes, 131, a.
Prosiciae, 1000, a.,,    perpetuae, 648, b. Rationibus distrahendis actio
Prosocrus, 28, b.             Quaestor, 980, a.                1178, b.
Prospectus servitus, 1031, b.   Quaestores alimentorum, 75, Recepta; de recepto, actio,
Protropum, 1201, b.                        b.                  984, b.
Provincia, 964, b.,,   classici, 981, a;  Recinium, 995, a.
Provocatio, 107, a,                         980, b.          Recinus, 995, a.
Provocatores, 575, b.,,    parricidii, 648, b.   Rector, 969, a.
Proximus admissionum, 14, b.,,    pecuniae alimenta- Recuperatores, 11, b; 646, b.,,  infantiae, 637, a.                 riae, 75, b.      Reda, 994, b.,,   pubertati, 636, b.,,   rerum  capitalium, Redemptor, 265, b; 710, a;
Prudentiores, 653, b.                      648, b.             985, a.
Pubertas, 374, b; 636, b.,,   sacri palatii, 982, a. Redhibitoria actio, 985, a.
Pubes, 631, a; 837, a.,,    urbani, 981, b.      Redimiculum, 985, b.
Publicae feriae, 528, b..     Quaestorii ludi, 716, b.       Refriva, 57, b.
Publicani, 972, b.            Quaestorium. 249, a; 253, b.   Regia, 198, a.
Publici servi, 1039, a; 1041, Quaestura Ostiensis, 981, b.,,  lex, 1149, a.
a.                          Quales-quales, 1041, b.        Regifugium, 985, b.
Publicia lex, 696, a.         Qualus, 220, b.                Regina sacrorum, 994, a.
Publiciana in rem  actio, 974, Quanti minoris actio, 982, a.   Regula, 985, b.
a.                          Quartarius, 979, a; 982, b.   Rei residuae exceptio, 11, b.
Publicum, 23, b; 40, a; 972, b. Quasillariae, 220, b; 1099, b.,, uxoriae, or dotis actio,,,  jus, 291, b; 657, b. Quasillus, 220, 1).              438, a.
Publicus ager, 29, a; 949, a.   Quatuorviri juri dicundo, 318, Relatio, 1019, b; 1021, a.
Prublilia lex, 696, a.                     b.                Relegatio, 515, b.
Publiliae leges, 696, b.,,      viarum  curanda- Relegatus, 515, b.
Puer, 1039, b.                  rum, 1193, b.                Religiosus, 562, a.
Pugilatus, 974, b.            Querela inofficiosi testamenti, Remancipatio, 419, a; 455, b.
Pugiles, 974, b.                1118, a.                     Remmia lex, 234, b.
XPugillares, 1092, a.         Quinarius, 393, b.             Remulcum, 986, a.
Pugio, 975, a.                Quinctilis, 232, a.            Remuria, 680, b.
Pullarius, 176, a.            Quincunx, 140, b.              Remus, 788, a.
Pullati, 88, b.               Quindecemviri, 387, a.         Renuntiatio, 336, b; 388, b.
Pulmentarium  servorum, 48, Quinquagesima, 982, b.           Repagula, 626, b.
b.                          Quinquatria, 982, b.           Reparator, 49, b.
Pulpitum, 1122, b.            Quinquatrus, 982, b.           Repetundae, 986, a.
Puls fabata, 57, b.,,     minores or mi- Replicatio, 12, a.
Pulvinar, 286, b; 975, b.       nusculae, 983, a.            Repolire, 53, b.
Pulvinus, 975, b.             Quinquennalia, 983, a.         Repositorium, 307, b.
Punctae, 115, a.              Quinquennalis, 318, b.         Repotia, 744, a.
Pupia lex, 697, a.            Quinqueremes, 785, b.          Repudium, 419, a.
Pupillus, 3, a; 630, a; 636, b; Quinquertium, 883, a.        Repurgare, 53, b.
1177, b.                    Quinqueviri, 983, a.          Res, 421, b.
Pupillaris substitutio, 599, b.,,     mensarii, 750, a;,, communes, 421, b.
Puppis, 787, a.                 983, a.,, corporales, 421, b.
Puteal, 976, a.    *          Quintana, 248, a.,,  divini juris, 421, b;
]Puteus, 113, a; 189, b.      Quintia lex, 697, a.                  657, a.
Puticulae, 560, b.            Quintilis, 232, a..,  frumentaria, 1221, a.
Puticuli, 560, b.             Quirinalia, 983, a.,, hereditariae, 421, b.
Pyra, 559, b.                 Quirinalis flamen, 540, a.,, humani jwris, 421. b
Pyrgus, 548, b.               Quiritium jus, 201, b; 658, a.        657, a.




1276                                   I NDEX
Res immobiles, 421, b.        Runcina, 996, a.               Sartago, 1008, a.,, incorporales, 421, b.    Rupiliae leges.               Satio, 51, a.,, mancipi, 421l,b; 1218, a. Rustici, 311, b.,, autumnalis, 54, b.,, mobiles, 421, b.         Rutabulum, 996, b.,, septimontalis. 57, a.,, nec mancipi, 422, 1218, Rutellum, 996, a.,, trimnestris, 51, a; 55, a.
a.                    Rutiliana actio, 996, a.       Satira, 1008, a.,, nullius, 421, b.         Rutrum, 996, a.                Satisdatio, 12, a.,, privatae, 421, b.                                       Satura, 1008, a.,, publicae, 421, b.,,  lex, 683, a; 1008, b.,, religiosae, 421, b.                   S.                Saturtalia, 1009, a.,, sacrae, 421, b.                                         Scabellumn, 286, b.,, sanctae, 421, b.         Sabanum, 851, b.               Scabillum, 381, b.,, singulae, 421, b.        Saccatus, 1203, a.             Scalae, 789, a; 1009, b.,, universitatis, 421, b,   Saccus, 996, b; 1203, a.,,  Gemoniae, 240, b.,, uxoria, 437, a.          Sacellum, 996, b.              Scalmi, 787, b.
Rescissoria actio, 641, b.    Sacena, 420, b.                Scalpellum, 274, b.
Rescriptum, 351, b.           Sacer, 562, a.                 Scalptura, 1010, a.
Resina lentiscina, 903, b..   Sacerdos, 996, b.              Scalpturatum, 431, a.
Respondere, 107, b.           Sacerdotium, 996, b.           Scamnum, 253, 286, b; 1011, a.
Responsa, 653, b.             Sacra, 998, a.                 Scantinia lex, 698, b.
Respublica, 1215, b.,,  gentilitia, 568, b.     Scaplha, 786, a.
Restitutio in integrum, 987, a.,,  municipalia, 998, b.   Scapus, 57, a; 1170, b.
Rlestitutoria actio, 641, b.,,  privata, 998, a.        Scena. 1122, a.
Rete, 988, b.,,  publica, 998, a.        Scenici ludi, 714, b; 749, a.
Retentio dotis, 418, b.       Sacramento, 1198, b.           Seeptrum, 1011, a.
Retentura, 251, b; 253, b.    Sacramentumn, 662, a; 998, a.  Scheda, 703, b.
Retiarii, 575, b.             Sacrarium, 998, b.             Schoenus, 1011, b.
Reticulum, 329, a; 988, b.    Sacratae leges, 698, a.        Schola, 189, b.
Retinaculum,  989, b.         Sacrificium, 998, b.,,  labrorum, 191, a.
Retis, 988, b.                Sacrilegium, 1000, b.          Scholae, 253, b.
Reus, 12, 819, a.             Sacrilegus, 1000, b.,,  auctores, 173, b.
Rex, 990, a.                  Saerorum alienatio, 568, b.    Sciothericum, 616, b.,, convivii, 1082, b.,,   detestatio, 568, b.   Scipio, 1011, a.,, sacrificulus, 994, a.    Sacrum novemdiale, 528, b.    Scire, 1023, a.,, sacrificus, 994, a.      Saeculares ludi, 716, b.       Scissor, 307, b.,, sacrorum, 994, a,        Saeculum, 1000, b.             Scitum populi, 682, a.
Rheda, 994, b.                Sagarii, 1001, a.              Scorpio, 151, a; 540, a; 1139, a.
Rhodia lex, 697, b.           Sagitta, 149, b; 1001, a.      Scorpius, 151, a.
Rica, 541, a.                 Sagittarii, 1001, a.           Scortea, 848, b.
Ricinium, 995, a.             Sagittarius, 151, a.           Scribae, 7, b; 1012, a.
Robigalia, 995, b.            Sagittifer, 151, a.            Scribere, 131, a.
Robur, 241, a.                Sagittipotens, 151, a.         Scribonia lex, 698, b.
Robus, 54, a..    Sagtina, 1002, a.               Scriniurn, 238, b.
Rogare legem, 628, b.         Sagulum, 1002, b.              Scriplum, 1012, b.
Rogatio, 682, a; 683. b.      Sagum, 1002, a.                Scripta, 945, a.
Rogationem accipere, 682, b.   Salaminia, 865, a.,,  duodecim, 670, a.,,   promulgare, 682, b. Salarium, 1002, b.            Scriptura, 234, a; 972, b;
Rogationes Liciniae, 693, b.   Salii, 1003, a.                 1012, a.
Rogator, 338, b; 1077, a.     Salillum, 1004, a.             Scripturarii, 1012, b.
Rogus, 559, b.                Salinae, 1003, b.              Scripulum, 46, b; 1012, b.
Romana, 850, b.               Salinator, 1004, a,            Scrobes, 116, bRomphea, 589, a.              Salinum, 1004, a.              Scrupulum, 182, a; 652, a;
Rorarii, 495, b; 502, b.      Salsilago, 1004, a.              753, b; 1012, b; 1213, b.
Roscia theatralis lex, 697, b; Salsugo, 1004, a.             Sculptura, 1010, a.
1123, b.                    Saltatio, 862, a; 1004, b.    Sculponeae, 48, b.
Rostra, 995, b.               Saltus, 46, b; 652, a; 753, a   Scutica, 539, b,
Rostrata columna, 327, b.       1012, a.                     Scutumj 496, b; 1012, b.,,   corona, 360, a.      Salvianum interdictum, 643, a. Scytale, 1013, a.
Rostrum, 786, b.              Salutatores, 1006, b.          Secale, 56, a.
Rota, 378, a; 532, b.         Sambuca, 1007, a.              Secespita, 1013, b.
Rubria lex, 697, b.           Sandalium, 1007, b.            Secretarium, 174, a.
Rubrica, 171, a.              Sandapila,.559, a.            Sectatores, 77, a.
Rudens, 996, a.               Sapa; 1202, a.                 Sectio, 9ol, b; 1013, b.
Ruderatio, 431, a.            Sarcophagus, 559, l).          Sector, 951, b; 1013, b.
Rudiarii, 575, a.             Sarculatio, 52, a.             Sectorium ihterdictum, 643, a;
lu(lis, 574, b.               Sarculum, 52, a; 1008, a.        1013, b.
Rudus, 1I 92, a,              Sardiana, 715, b.             Securicula, 1014, a.
Ruffuli, 996, a.              Sarissa, 488, a; 589, a.      Securis, 1014, a.
tRumpia, 589, a.              Sarracum, 1008, a.            Secutores, 576, a.
Runcatio, 52, a.              Sarritio, 52, a.              Seges, 61, a.




INDEX.                                       1277
Segestre, 674, b.             Sepulchri violati actio, 562, a.  Sirius, 152, b; 160, a.
Seliquastrum, 101.5, b.       Sepulchrum, 560, b.            Sistrum, 1046. a.
Sella, 257, b; 1014, b.       Sequestres, 77, a.             Sitella, 1048, b.
Sembella, 702, b.             Sera, 626, b.                  Siticines, 558, h.
Semen adoreum, 54, a.         Seriae, 1202, a.               Sittybae, 704, b.,,  trimestre, 54, a.      Sericum, 1028, a.              Situla, 1048, 1).
Sementina dies, 530, a.       Serpens, 148, a; 149, b.       Sobrina,:310, a.
Sementivae feriae, 530, a.    Serpentarius, 149, a.          Sobrinus, 310, a.
Semimares, 566, b.            Serra, 1029, a.                Socculus, 1048, b.
Semis, Semissis, 140, b; 182, b. Serrati, sc. nummi, 394, a.  Soccus, 1048, b.
Semproniae leges, 698, b.     Serrula, 1029, b.              Socer, 28, b.
Sempronia lex de foenere, 699, Serta, 1029, b.,,  magilus, 28, b.
a.                          Servare de coelo, 176, b.      Societas, 1049, a.
Semuncia, 1213, b.            Serviana actio, 918, a.        Socii, 542, )b; 1049, a; 1050, a.
Semunciarium fenus, 527, b.   Servilia aararia lex, 699, a.  Socio pro, actio, 1049, i.
Senator, 1016, a.,,   Glaucia lex, 986, b.   Socius, 1049, a.
Senatores Oruni, 1017, a.,,  judiciaria lex, 699, a.  Socrus, 28, b.,,   pedarii, 1018, a.    Servitus, 1030, b; 1036, b.,,   magna, 28, b.
Senatu motio, or ejectio e,   Servitutes, 9, 1); 10.30, b.   Sodales, 310, b.
264, a.                     Servus (Greek), 1034, a.,,   Augustales, 180, a.
Senatus, 1016, a.,,  (Roman), 48, a; 1036,b.,,   Titii, 11 l34, b.
Senatus auctoritas, 1023, b.,,  ad manum, 76, b.         Sodalitium, 77, b.
Senatusconsultum, 1022, b.,,  publicls, 7, b; 1039, a; Solarium, 429, b; 616, I;,,  Apronianum, 1024, a.             1041, a.                1078, b.,, Articuleianum, 1024, b.  Sescuncia, 140, b.            Solea, 1051, b.,, de Bacchanalibus, 414,a; Sescunx, 140, b.               Solidorum venditio, 131, b.
1024, b.              Sesquiplares, or Sesquiplarii, Solidus, 182, b.,, Calvitianum, 692, b;    509, a.                         Solitaurilia, 719, b; 1000, a.
1024, b.              Sestertium, 242, b; 1042, b.   Solium, 187,b; 191, a; 1129,,, Claudianum, 1024, b.    Sestertius, 1042, b.              a.,, Dasumianum, 1025, b.   Sevir turmae equitum, 475, a.  Solvere in arca, 119, a.,,  Hadriani, 1025, b.      Seviri, 180, b.                Solum, 430, b.,, Juncianum, 1026, a.      Sex suffragia, 472, b.         Solutio, 819, b.,,  Junianum, 1026, a.      Sexatrus, 982, b..             Sonipes ales, 149, b.
J, Juventianum, 1026, a.    Sextans, 140, b.               Sophronistae, 581, b.,, Largianum, 1026, a.      Sextarius, 979, a; 1043, b.    Sordidati, 1137, a.,  Libonianum, 1026, a.    Sextilis, 232.                  Soror, 310, a.,  Macedonianum, 1026, a. Sextula, 1213, b; 1043, b.       Sortes, 843, a; 1051, b.,, Marcianum, 1024, b.      Sibina, 589, a.                Sortilegi, 1052, a.,, Memmianum, 1026, a    Sibyllini libri, 1043, b.         Spadones, 6.31, b.,,  Neronianum, 1026, a.    Sica, 1044, b.                 Sparus, 588, b.,,  Orphitianum, 1026, b.   Sicarius, 687, a.              Spatium, 286, a., Pegasinum,  535, b;    Sicila, 1044. b.,,  legitimum, 1033, b
536, b; 1026, b.      Sicilicus, 113, b; 1213, b.    Specillum, 274, b.,,  Persicianum, 1026, b.    Sicilire pratum, 60, a.       Spectabiles, 628, a.,,  Pisonianum, 1026, a.    Sidus natalitium, 144, b.      Spectio, 176, b; 177, b.,, Plancianum, 1026, b.    Sigillaria, 1009, b.            Specularia, 432, b.,, Plautionum, 1027, a.     Sigma, 750, a.                 Specularis lapis, 432, a.,  Rubrianum, 1027, a.      Signa, 253, b.                 Speculatores, 508, b.,,  Sabinianum, 1027, a.,,  militaria, 1044, b.      Speculum, 1052, a.,, Silanianum, 1027, a.     Signifer, 1045, b.             Specus, 11:3, a.,, taciturn, 7, b.          Signinum opus, 431, a.         Sphaeristerium, 195, b; 582, a.,, Tertullianunl, 1027, a.   Signum, 501, a.               Spica mutica, 57, a.,, Trebellianum, 535, a;   Silentiarii, 954, b.            Spiculum, 587, a; 589, a.
1027, b.              Silentium, 176, b.             Spina, 284, b.,, Turpilianum, 1027, 1).   Silia lex, 699, a.             Spinter, or Spinther, 136, a.,,  Velleianum, 1027, b.    Silicarii, 115, b.             Spira, 1053, a.,, Vitrasianum, 1027, b.    Silicernium, 562, a.           Spirula, 1053, a.
Volusianum, 1027, b.    Siligo, 54, a; 55, b.          Spolia, 1053, b.
Senatus jus, 1018, b.         Simila, or Similago, 55, b.    Spoliatorium, 189, a.
Seniores, 333, b.             Siliqua, 1213, b               Sponda, 674, b.
Sepelire, 560, b.             Silvae, 1012, a.               Spondeo, 817, b.
Sepimentum, 47, a.            Silvani et Carbonis lex, 695,  Spongia, 905, a.
September, 232.                 b.                           Sponsa, 741, b.
Septem Triones, 147, b.       Simpulum,  or  Simpuvium,  Sponsalia, 741, b.
Septemiri Epulones, 470, b.    1046, a.                     Sponsio, 640, b; 1199, a.
Septimatrus, 982, b.          Sindon, 851, 5).               Sponsor, 640, b.
Septimontium, 1028, a.        Singuiares, 508, b.            Sponsus, 741, h.
Septum, 336, b.               Sinus, 1135, a.                Sportula, 1054, b.
Set.nx..   140. b.            Siparium, 1046, a,             Stabularius, 984, b.




i278                                     1NDEX.
Stadium, 1055, a.              Succinctus, 1173, b.            Tarentini ludi, 710, b.
Stalagamnia, 632, a.           Stlccolare, 672, b.             Tarpeia Aternia lex, 685, a.
Stamen, 1100, a.               Sudatio concamerata, 190, b.   Taurii ludi, 716, b.
Stater, 10.56, b.              Sudatorium, 190, b.             Taurus, 150, a.
Statera, 1170, a.              Suffibuluim. 1191, a.           Tector, 870, a.
Stati dies, 409, b.            Suffitio, 562, a.               Tectores, 115, b.
Stationes, 250, b.             SuLiragia sex, 1472, b.         Tectorium opus, 870, a.,,  fisci, 1058, a.         Suffragium, 1076, b.           Teda, 1093, a.,   municipiorum, 577, b. Suggestus, 88, a; 995, b;   Tegula, 1098, a.
Stativae feriae, 528, b.         1077, a.                      Tela, 1099, a.
Stator, 1058, a.               Suggrundarium, 559, b.          Telamones, 170, a.
Statorea, 508, b.              Sui heredes, 598, b.            Temo, 117, b; 378, b.
Statu liber, 730, b.           Suli, 1192, a.                 Templum, 176,a; 995,b; 1104,
Statuae Persicae, 889, b.      Sulcus, 58, a; 59, a.             a.
Statuaria ars, 1058, a.        Sulpiciae leges, 699, b.        Temporalis actio, 10, b.
Statumen, 1192, a.             Sulpicia Sempronia lex, 699, b. Temporis praescriptio, 955, a,
St6llae Parrhasides, 147, b.    Sumtuariae leges, 1077, a.     Tensae, 1125, a.
errantes, 922, a.       Suovetaurilia, 719, b; 1000, a. Tentipellium, 545, b.
Stellaturae, 505, a.           Superficiarius, 1078, a.        Tepidarium, 190, a; 192; b
Stercolinii servitus, 1032,1 a.    Superficies, 1078, a.       Terentilia lex, 699, a.
Stercoratio,, 50, a.           Supernumerarii, 2, b.           Terentini ludi, 716, b.
Stercutius, 50, a.             Supparuin, 790, a; 1174, a.   Terminalia, 1112. a.
Sterquilinium, 50, a.          Supparus, 1174, a.              Termini, 30, b; 603, b.
Stesicharus, 1096, a.          Supplicatio, 1079, a.           Terra, 29, a; 132, b.
Stibadiumn, 750, a.            Supposititi, 576, a.,, cariosa, 49, b.
Stillicidii servitus, 1031, b.  Suprema, sc. tempestas, 409, a.,, restibilis, 60, b.
Stillicidium, 1031, b.         Surdus, 818, a; 1113, a.        Tertiare, 49, b.
Stilus, 1071, a.               Susceptores, 265, a.            Teruncius, 141, a; 702, b.
Stipendiaria, 37, b.           Suspensura, 192, a.             Tescum, 176, a.
Stipendiarii, 1071, b.         Symposium, 1082, a.             Tessella, 915, b.
Stipendium, 1071, b.           Syndicus, 1084, a.              Tessellarii, 915, b.
Stipes, 854, b.                Syngrapha, 271, b.              Tessera, 1112, b.
Stipulatio, 817, h,            Synthesis, 1009, a; 1087, b.,,  nummaria, or frumen.
Stipulator, 817, b.            Syrinx, 1088, a.                  taria, 550, a.
Stiva, 117, b; 118, a.         Syssitia, 1088, b.              Tesserula, 1112, b.
Stola, 1073, a.                                                Testa, 534, b.
Stragulum, 674, b.                                             Testamentariae leges, 699, b.
Stratores, 1074, b.                          T.                Testamentifactio, 1114, b.
Strena, 1075, a.                                               Testamnentum, 1113, a.
Striae, 324, a.                Tabella, 1090, b.               Testator, 1113, a.
Striga, 253, b; 254, a.        Tabellariae leges, 1091, a.     Testis, 1118, b.
Strigil, 185, a; 192, a.       Tabellarius, 1091, a.           Testudo, 720, b;  1112, a,
Strophium, 1075, a.            Tabellio, 1091, a.                1118, b.
Structor, 307, b.              Taberna, 285, b; 1091, a.       Tetraphori, 894, a.
Studiosi juris, 143, b.,,   diversoria, 258, b.     Tetrarchla, 1119, b.
Stultorum feriae,.545, b.,,  libraria, 704, hI.       Tetrarches, 1119, b.
Stuprutn, 17, a; 349,a; 633, b. Tabernaculum, 1104, a.         Textores, 1099, a.
Stylus, 1071, a.               Tabernaria fabula, 346, b.      Textrices, 1099, a.
Suasor, 173, a.                Tablinum, 428, a.               Textrinum, 1099, b.
Su)centurio, 506, a.           Tabulae, 131, a; 1091, b.       Thargelia, 1120, a.
Sulbitarii, 1171, b.,,  censoriae, 263, a.      Theatrum, 1120, b.
Subligaculum, 576, a; 1075, a.,,  novae, 1092, a.          Thensae, 1125, a.
Sublimissimi, 628, a.,,  publicae, 7, a; 8, a.    Theodosianus codex, 302, b.
Subrogare legem, 682, b.,,  votivae, 433, b.        Thermae, 183, b; 193, b.
Subruncivi, 30, a.             Tabulam, adesse ad, 172, a.    Thermopolium, 233, b; 258, b.
Subscriptio, 357, b.           Tabularii, 1092, b.             Thesmophoria, 1127, b.,,    censoria, 263, b;   Tabularium, 1092, b.           Thorax, 711, a.
635, b.                      Tabularius, 7, b.               Thoria lex, 699, b.
Subseciva, 30, a; 42, a.       Tabulinum, 253, b.              Thraces, 576, a.
Subsellium, 1129, a.           Taeda, 1093, a.                 Threces, 576, a.
Subserica, 1028, b.            Taenia, 1212. b.                Thronus, 1129, a.
Subsignanus, 502, b.           Talaria, 1094, b.               Thyrsus, 1129, b.
Substitutio, 599, a.           Talasius, 743, b.               Tiara, 1130, a.
pupillaris, 599, b.  Talassio, 743, b.             Tiaras, 1130, a.
Subtegmen, 1100, a.            Tlalea, 824, b.                 Tibia, 1130, b.
Subtemen, 1100, a.             Talentum, 931, b.               Tibicen, 1131, a.
Subucula, 1173, b.             Talio, 1095, a.                 Tibicinium, 1130, b.
Successio, 1075, b.            Talus, 1095, a.                 Tigni irmmitttendi servitus,
Successor, 1076, b.            Tapes, 1097, a.                   1031, b.
Succinctorium, 1075, a         Tapete, 1097, a.                Tigno juncto, actio de, 564, b.




INDEX.                                         127-9
Tintilnablunm, 1133, b.        Tributoria actio, 1037, b.      Tullianum, 240, b; 546, b.
Tirocinium, 1134, a.           Tributum, 1156, b.              Tumultuarii, 1171, b.
Tiro, 1134, a.                 Tricliniarchia, 1158, b.        Tumultus, 1171, b.
Titia lex, 700, a.             Triclinium, 1157, b.            Tunica, 57, a; 1171, b.
Titienses, 875, b; 1155, b.    Tridens, 564, b                 Tunicati, 1174 a.
Tities, 875, b; 1155, b.       Triens, 140, b.                 Turibulum, 1174, b.
Titii Sodales, 1134, b.        Trifax, 1138, b.                Turma, 471, a; 497, b.
Titulus, 253, a; 560, a; 704, b. Triga, 379, b.                Turricula, 548, b.
Toculliones, 525, a.           Trigon, 919, a.                 Turris, 1174, b.
Toga, 1134, b.                 Trigonum, 1007, a.              Tutela, 1176, b.,, candida, 1137, a.         Trilix, 1 101, b; 1102, b.      Tutelae aetio, 1178, b.,, palmata, 1137, a.         Trimestris raba, 57, a.,,  judicium, 1178, b.,,  picta, 1137, a.          Trinepos, 310, a.               Tutor, 1176, a.,, praetexta, 1137, a.       Trineptis, 310, a.              Tutulus, 1180, a.,, pulla, 1137, a.           Trinum nundinum, 816, b.        Tympanum, 100, b; 523, b,, pura, 1137, a.            Trinundinum, 816, b.              923, a; 1 180: a.,, sordida, 1137, a.         Triplicatio, 12, a.,, virilis, 631, a; 1137, b.   Tripos, 1162, b.
Togata fabula, 346, b.         Tripudium, 175, b.                         U. V.
Togatus, 853, b; 1137, b.      Triremes, 785, a.
Tonsor, 197, a.                Tritavia, 310, a.               Vacantia bona, 2Gt7, b.
Topiaria ars, 618, b.          Tritavus, 310, a.               Vadari reum, 11, b.
Topiarius, 619, a.             Triticum, 54, a.                Vades dare, I1, b.
Toralia, 674, b.,,   spelta, 54, b.         Vadimonium,Vas,l 1, b; 954, b.
Torcular, 958, a; 1137, b.,,   trimestre, 54, a.      Vagina, 577, a.
Torculum, 1137, b.             Tritura, 53, a.                 Valeriae leges, 700 b.
Tormentum, 790, a; 1138, b; Triumphalia ornamenta, 1167, Valeriae et Horatiae  leges,
1139, a.                       b.                              700, b; 928, a.
Torques, 1140, a.              Triumphalis corona, 361.        Valeria lex, 96.3, b.
Torquis, 1140, a.              Triumphus, 1163, b.             Vallaris corona, 360, b.
Torus, 674, b; 1140, b.,,    castrensis, 1167, a. Vallum, 31, b; 253, a; 1183. a.
Toxicum, 1001, b.,,    navalis, 1167, a.    Vallus, 1183, a.
Trabea, 993, b; 1137, b.       Triurrviri, 1167, b.            Valva, 625,. b.
Trabeata fabula, 346, b.,,   agro  dividundo,    Vannus, 1183, b.
Traditio, 821, a.                           1167, b.           Vappa, 1204, b.
Tragoedia, 1140, b.,,   capitalis, 1167, b.    Vari, 989, a.
crepidata, 346, b.,,   coloniae deducendae, Varia lex, 725, a.
Tragula, 589, a; 989, b.                    1168, a.           Vas, 954, b; 1183, b.
Tragum, 989, b.,,   epulones, 470, b.,, leve, or purum, 133, a.
Traha, 53, a; 1148, a.,,   equiturn tum turmas re- Vatinia lex, 701, a.
Trahea, 53, a.                              cognoscendi,  or Udo, 1184, a.
Trama, 1100, a.                             legendis equitum  Vectigal rerum venaliurn, 267,
Tramoserica, 1028, b.                       decuriis, 1168, a.    a.
Transactio in via, 11, a.,,    monetales, 766, a.   Vectigalia, 1184, a.
Transfuga, 394, b.,,    nocturni, 1168, a.   Vectigalis ager, 43, a;- 458, a.
Transtillum, 721, b.,,   reficiendis aedibus, Vehes, 1185, a.
Transtra, 788, a.                           1168, a.           Velamen, 1186, a.
Transvectio equitum, 437, a;,,   reipublicae constitu- Velarium, 86, a: 1185, b.
474, b.                                   endae, 1168, a.    Velarius, 1185, a.
Trebonia lex, 700, b.,,   sacris conquirendis Velati, 1185, a.
Tremissis, 182, b.                          donisque  persig- Velites, 496, b; 503, a.
Tressis, 141, a.                            nandis, 1168, b.   Velleianum  senatusconsultum,
Tresiri, 1167, b.,,   senatus  legendi,    -1027, b.
Triarii, 495, a; 496, a; 501, b.            1168, b.           Velum, 790, a; 1185, a.
Tribula, 53, a; 1148, a.       Trochus, 1168, h1.              Venabulum, 1 186, a.
Tribulum, 53, a; 1148, a.      Trojae ludus, 288, a.           Venaliciarii, 1040, a.
Tribulus, 1148, b.             Tropaeum, 1168, b.              Venatio, 1186, a
Tribunal, 253, a; 1148, b.     Trossuli, 472, a.               Venditio, 459, a.
Tribuni cohortium, 504, a.     Trua, 1169, b.                  Venefica, 1189, b.,,   militum,495, b; 503, a. Trulla, 1169, b.              Veneficium, 1188, a.
Tribunicia lex, 1149, a.       Trulleum, 1170, a.              Veneficus, 1189, b.,,   potestas, 11.50, b.    Trullissatio, 870, a.         Venereus jactus, 1095, b.
Tribunus, 1148, b.             Truncus, 824, b.                Venter, 11'3, b.,,    celerum,  993,  a; Trutina, 1170, a.                Ventilabrum, 849, a.
1149, a.                     Tuba, 1170, b.                 Ventilatio, 53, a.
Tribus (Greek), 1152, b.       Tubicen, 22, a.                 Venus, 1095, i).,,  (Roman), 1155, b        Tubilustrium, 983, a.           Ver sacrurn, 1189, a
Tributa comitia, 1156, b.      Tullia lex de ambitu, 77, b.    Verbena, 1002, a.
Tributaria, 37, b.,,   de legatione libera, Verbenarius, 531, a.
Tributarii, 311, b.              679, a.                       Vergiliae, 150, a.




3'2.0                                     INDEX.
Vergilianum sidus, 1.50, a.    Villicus, 48, a; 115, b; 1196, h. Vocatio in jus, 10, Ib.
Verna, 1038, b; 1040, b.,,  amphitheatri, 88, b.    Voconia lex, 676, b: 701, b.
Verriculum, 989, b.            Vinalia, 1198, a.               Volones, 499, a; 1217, a.
Verso in rem actio, 1038, a.    Vindemialis feria, 530, a.     Volsellae, 197, b; 275, a.
Versura, 50, a; 527, a.        Vindex, 11, a; 732, a.          Volucrlis, 149, a.
Versus, 50, a; 753, a.         Vindicatio,  9, a;  564, b; Volumen, 704, a.,,  quadratus, 47, a.                     1198, a.          Voluntarii, 1217, a.
Veru, 588, b.,,    libertalis, 1033, a.  Volutaei 590, b.
Vervactor, 49, b,,,    servitutis, 1032, b.  Vomitoria, 87, 1).
Vervactum, 49, b.              Vindiciae, 1198, b.             Urceus, 1217, a.
Verutum, 588, 1).              Vindicta, 730, a; 1200, a.      Urna, 560, a; 979, a; 1048,
Vespae, 559, a                 Vinea, 1200, b.                   b; 1217, a.
Vespillones, 559, a.           Vinum, 1201, a.                 Urpex, 645, b.
Vestalis, 1189, a.             Virga, 1209, a.                 Ursa major, 147, a.,,   maxima, 1189, b.       Virgines Vestales, 1189, a.,, minor, 147, b.
Vrestibulum, 427, a.           Virgo, 150, b.,, Moenalis, 147, b.
Vesticeps, 631, a.,, maxima, 1189, b.           Ustrina, 559, b.
Veteranus, 499, b.             Virgula, 1 209, a.'      Ustrinum, 559, b.
Veteratores, 1040, b.          Viridariuim, 619, a.            Usucapio, 1217, b.
Veteretum, 57, a.              Virilis pars, 880, a.           Usurae, 525, b.
Vexillarii, 494, b; 507, b.,,  tora, 631, a; I 117, a.   Usureceptio, 1220, a.
Vexillum, 507, b; 1045, b.    Vis, 1209, a.                    Usurpatio, 1221, a.
Via sagularis, 253, a.,, et vis armata, 1209, b.     Usus, 1219, a; 1221, a; 1222,
Viae, 1191, b..           Visceratio, 562, a.                    a.,, servitus, 1032, a.        Viscellia lex, 96, a; 701, b.,, auctoritas, 1219, a.,  vicinariae, or vicinales,  Vitelliani, 1092, a.,, fructuarius, 1221, a.
253, a.               1Vitis, 504, b.                  Ususfructus, 1221, a.
Viaria lex, 701, a; 1193, a.    Vitium, 176, b.                Uterini, 309, b.
Viaticum, 11995, b.            Vitrearii, 1210, b.             Uti possedetis, 648, a.
Viator, 1195, b.               Vitricus, 28, b.                Utilis actio, 10, a.
Vicarii servi, 1037, b.        Vitrum, 1209, b.                Utres, 1203, b.
Victima, 499, b.               Vitta, Vittae, 1212, a.         Utricularius, 11.30, b.
Vicesima, 1196, a.             Vittata sacerdos, 1212, b.      Utrubi, 643, a.
hereditatum   et le. Vivaria, 69, b.                 Vulcanalia, 1222, b.
gatorum, 24, a; Uliginosus campus, 49, b.          Vulgares, 1041, b.
1196, a.           Ulna, 1213, a.                  Uxor, 740, b.,,   manumissionis, 1196, Ulpiani pueri puellaeque, 75, b. Uxorium, 26, b.
a.                  Ultrotributa, 265, a.
Vicesimaria lex, 1196, a.      Umbella, 1213, a.
Vicesimarii, 1196, a.          Umbilicus, 704, a.
Vicesimatio, 387, b.           Umbo, 298, a; 1136, b; 1192,                 X.
Vico magistri, 1196, a.           a.
Vicus, 1196, a.                Umbraculum, 1213, a.            Xystarchus, 581, b.'Victoriatus, 393, b.           Uncia, 140, b; 1213, b.        Xystici, 167, a.
Vigiles, 510, a.               Unciarum fenus, 516, b.         Xystus, 580, b; 618, b.
Vitgiliae, 250, a.             Unctores, 76, a.
Vigintisexviri, 1196, b.       Unctuarium, 76, a; 190, b.
Vigintiviri, 1196, b.          Unguenta, 1214, a.
Villa, 554, a; 1196, 1.        Unguentaria, 1214, a.                         Z.?,  publica, 262, a          Unguentariae, 1214, a.-,,  rustica, 47, a.          Unguentarii, 1214, a.           Zona, 1224, b.
Villia annalis lex, 701, b.    Universitas, 1'214, b.          Zonula, 1224, b.
Villica, 48, a.                 Universum, 1076, a.            Zophorus, 325, a; 1225, b.




ENGLISH INDEX.
A.                  Bon:, 126, a.                     Comnedy (Greek),.941, b.
Boxing, 974, 1).,,   (Roman), 345, b.
Actors (Grcek) 611, a.            Brass, 25, a.                      Compass. 28,, a.,,. (Roman), 612, a.          Brazier, 542, a.                  C(.onstellations, 145, b.
Adoption (Greek). 14, I).         Breakfast, 804, a.                 Cooks, 305, b.,,   (Roman), 15, h.          Bribery (Greek), 385, h.          Cordage, 790.
Advocate, 1084, a.,,   (Roman), 77, a.           Corn crops, 54, a.
Adze, 141, b                      Bricks, 668, a.,,  preservation of, 59;, U.
Altar, 116, a: 153, b.            Bridge, 936, Ib.                   Couches, 671, b.
Ambassadors, 677, b.              Bridle, 548, a.                    Cowl, 372, b.
Anchor, 791, a.                   Bronze, 25, a.                     Crat), the, 1.50, b.
Anvil, 634, a.                    Brooch, 531, h).                   Cretan constitution, 365, a.
Aqueduct, 108, a.                 Bull, the, 150, a.                 Criers, 951, b.
Arbitrator, 396, b.                Burial (Greek), 555, b).          Crook, 881, b.
Arch, 124, b; 546, lb.,,  (Roman), 560. b.            Crops, 5.3.
Archer, the, 151, a.                                                 Cross, 370, h.
Archers, 1002, a.                                                    Crow, the, 153, 1).
Armour, 135, a.                                   C.                 Crown, 359, a.
Arms, 13.5, a.,,  the northern, 148, h
Army (Greek), 481, a.             Calendar (Greek), 222, a.                      163, a.,  (Roman), 489 a,,   (Roman). 226, a.,,  the soutaern, 153, b.
Arrow, the, 149, b.               Cameos, 1010, b; ]181, a.          Crucifixion, 370. b.
Arrows, 100I, a.                  Camp, 244, a.                      Culit, 751, b.
Astronomy, 145, a.,,   breaking up of, 251, a;  Cup, the, 153, lb.
Auction (sale), 172, a.                     256, a.                  Cymbal, 370, a; 381, a.
Axe, 1014, a.,,  choice of ground  for,
Axle, 378, a.                               246, a.,,  construction of, 246, a.                  D.,   of Hyginus, 251, a
B,,  of Polybius, 245, b.        1)aggers, 975, a; 10,l4, b.
Carnp-oath, the, 249, 1).         I)ance, the Pyrrhic, 278, b.
Bail (Greek), 460, 1).            Candle, 236, a.                    I)ancing, 1004, )b.,, (Roman), 11, ).           Candlestick, 236, a.               Day, 408, a.
Bakers, 921, a.                   ('alvassing, 76, b.                i)ice, 1112, b.
Balance, the, 151, a.             Capital (of columns), 324, a.   D)ice-box, 548, b.
Baldric, 196, a.                  Carpets, 1097, a.                  I)inner, 306, b.
Ball, game at, 543, a; 918, a.  Cart, 923, a.                        D)ish, 257, b.
BIankers, 1 30, a.                Casque, 565, 1).                   Distaff, 565, a.
Banishment (Greek), 51.l3, a.    Ceilings, 4-32, a.                  I)ithyramb, 1141, a.
(Roman), 515, b.   Celt, 420, a.                        l)ivorce (Greek), 418, a.
tarlibe, 197, a                    Censer, 11 74, b.,,   (Roman), 418, a.
3Basket, 198, a.                   Centaur, the, I53, 1).           D)og, the great, 152, l).
Baths ((;reek), 184, a.            Chain, 0'57, a.,,  the little, 152, b.,,  (Roman), 185, b.           Chariot, 378, a; 476, a.           Dolphin, the, 149, b.
Bear, the great, 147, a.         (Charioteer, the, 149, a.           D)oor, 624, b.,,  the lesser or little, 147,   Chimneys, 426, a; 432, b.        D)owry (Greek), 436, a.
1).                      Chisel, 420, a.,,  (Roman), 437, a
Bear-warden, the, 148, a.         Cider, 1205, b.                    Dragon, the, 148, a.
Beard, 196, b.                     Circumvallation, 1183, a.         Drains, 46, b.
Beds, 673, a; 1140, b.            Citizenship (Greek), 288, b.    I)raughts, game oft 670, b.
Beer. 268, 1b.,,     (lloman), 29 1, a.   l)rawers, 1075, a.
Bell, 1133, b.                    Claws, the, 151, a.,                )rum, 1180, a
lBellows, 543, a.                 Clerks  (Athenian),  211,  b;  1)ynasty, 122, a.
Belt, 196, a.                                 577, b.
Berenice, the hair of: 15.4, a.,,   (Roman), 13, b.
Bit (of horses), 5.48, a.         Clocks, 615, a.                                   E.
Boeotian constitution, 204, a.   Coffins, 555, l); 559, b.
Books, 703, b1                    Colony (GGreek), 313, b            Eagle, the, 149, b.
Bookseller, 704, b.,,  (Roman), 315, L..';ar-ring, 632, a.
Boots, 366. a.                    Coltumn,.323, a.                  1,larthelvnware, 5i.2. a.
Bottomrv, 52.5,'D.               Combs, 88 1, a.                    Eleven, the, 593. a.
4h'




1282                                     IN DEX.
Ensigns, military, 1044, ).                                    MIeals (Roman), 306, a.
Era, 281, b.. J.               Measure, 750, b.
Evil eye, 521, b.                                              Measures of land, 46, b.
Executioner, 242, a.           Imprisonment, 210, a.           Medicine, 745, b.
Informer, 388, b.              Mercenary soldiers, 758, a;
F.                Inheritance (Greek), 59-1, a.     1223, b.,,     (Roman), 598, a.  Mile, 762, b.
Fan, 539, a.                   Ink, 170, b.                    Mile-stones, 762, b; 1193,.
Felting, 919, b.               Inn (Greek), 258, a.            Mills, 765, a.
Fences, 47, a.,, (Roman), 258, b..         Mines, 1184, a.
Fire-place, 542, a.            Intaglios, 1010, b; 1181, b.    Mint, 766, a.
Fish, the southern, 153, b.    intercalary  month, 227, b; Mirror, 1059, a.
Fishes, the, 151, b.             228, b; 229.                  Money, coined, 808, b.
Floors of houses, 430, I).     Interest of money  (Greek),,,  (Greek), gold, 181, a.
Foot (measure  of length),                  524, b.,,  (Roman),,, 182, a.
751, b.,,   (Roman), 526, b.    Month (Greek), 223.
Fresco, 904, a.                Isthmian games, 645, b.,,  (Roman), 226, 227.
Fringe, 537, a.                Italy, 318, a.                  Mortars, 768, b.
Fuller, 551, b.                Judlges (Greek), 369, b; 401, Mosaics, 431, a; 915, a.
Funerals (Greek), 554, b.                b; 483, a.            Mourning for the dead, 557,
(Roman), 558, a.,,  (Roman), 646, b.           b; 562, b.
Furnace, 192, b; 546, a.                                       Moustaches, 780, a.
M/usic (Greek), 772, b.
K.,,  (Roman), 779, b.
G.
Kids, the, 149, a; 163, a.
Gambler, Gaming, 74, b.        Kiln, 546, a.                                N.
Garden, 618. a.                King  (Greek), 990, a.
Gates of cities, 943, a.,,  (Roman), 991, a.          Names (Greek), 800, a.
Girdle, 1224, b.               Kitchen, 428, b.,,  (Roman), 800, b.
Gladiators, 574, a.            Kite, the, 154, a.              Necklaces, 767, b.
(Glass, 1209, b.               Knife, 373, ).                  Nemean ganmes, 794, b.
Goat, the, 151, b.             Knights (Athenian), 266, a.    Nets, 988, b.
Gold, 180, b.,,   (Roman), 471, a.       Notary, 1091, a; 1092, b.
Granary, 618, a.               Knockers, 627, a.
Greaves, 822, a.
Guards, 250, a.                                                             ~.
Oars, 788, a.
it.               Ladders, 788, a; 1009, b.      Oath (Greek), 659, b.
Lamps, 713, a..,  (Roman), 661, b.
fIair (Greek), 328, b.         Lanterns, 669, a.               Obelisks, 816, b.,, (Rooman), 329, b.,aw, 681, b; 803, b.            O)ctol)er-horse, 880, a.
Hammers, 726, a.               Legacy, 675, a.                 ()fficers, duty of, 249, 1,.
Hare, the, 152,1 b.            Legion, 490, a.,,  parade of, 250, a.
Harp, 1007, a.                 Leguminous crops. 57, a.        Olympiad, 883, a.
Harrowing, 52, a.              Ietter-carrier, 1091, a.       Olympic games, 828, a.
Hatchet, 1014, a.             LIevy, 499, a.                   Oracles, 836, b.
Heartlh, 542, a.               Library, 202, a.                Orders of architecture, 925
Heir (Greek), 594, a.          Light-house, 895, a.              326, b; 327, b.,,  (Roman), 598, a.         Link, 553, a.                  Organ, 622, b.
Heliacal rising, 155, a.       Lion, 150, b.                   Organist, 622, b.,,   setting, 155, 8.       Litters, 671, b.               Ostracism, 514, a.
Helmet, 565, b.                Iiturgies, 679, a.              ()ven, 546, a.
Hemlock, 593, a.               Looking-glass, 1052, a.        Ounce, 1213, b).
Heraclean tablet, 691, a.      Loom, 1099, a.
Hlinge, 241, a.                Lots, 1051, b.
HI-oe, 984, 1): 1008, a.       Luncheon, 306, a.                            P.
Hoeing, 52, a.                 Lyre, the, 148, b; 156, b.
Holidays, 528. a.                                              Painting, 899, b.
Homicide, 896, b.                                             Paper, 703, b.
Hoop, 1168, b.                              M.                Plarasol, 1213, a.
Horse, the little, 149: 1).                                   Parchment, 703, i.
Hospitalitv, 619, a.           Mtamertine, 240, b.             Partnership, 1094, a.
Hour, 614, a.                  Manuring, 50, a.                Pay of soldiers, 1071, b.
House (Greek), 423, b.         Marriage (Greek), 73S5, b.      Pediment, 7, a.,,  (Roman), 426, b.,,   (Ronman), 740, a.     Pen. 220, ta.
Hunting, 1186, a.'Masks, 889, b.                Perfumes, 1214, a.
Hunting-spear, 1186, a.        Masts, 1789, a,                Physicians, 747.
Hmtr'dle,'388, 8?.           AMeals (Greek), 30.3, a.        Pipe, 1130, b.




INDEX.                                        128,3
Pledges, 915, b.               Shields, 297, a; 870, a; 882  Tragedy (Greek). 1140, b.
Plough, 117, b); 147, a.         b; 1012, b.,,   (Roman), 1147, aPloughing, 49, a.              Ships, 783, a.                  Treaty, 542, b.
Poisoning, 895, a; 1188, a.    Shoe, 220, b; 456, a.           Triangle, the, 149, b.
Poles, 789, a.                 Shops, 1091, b.                 Tribes (Greek), 1152, b.
Portcullis, 256, b.            Sibyl, 10,13, b.,,  (Roman), 1155, b..'ottery, 532, b.              Sickle, 518, a; 1044, b.       Tribunes, 1148, b.
Priests, 996, b.               Signs, northern, 147, a.       T.rident, 564, b.
Prison, 240, a.,, of the Zodiac, 149, b.    Tripod, 1162, b.
Prodigies, 961, a.             Silk, 1028, a.                 Trophy, 1168, b.
Property-tax (Greek), 448, b.  Silver, 132, a.                 Trousers, 213, a.,,    (Roman), 1157, a. Slaves (Greek), 1034, a.'rumpet, 215, a; 709, b; 1 170,
Prostitutes, 604, b.,,  (Roman), 10:36, b.         bh
Prow, 786, a.                  Sleeve, 729, a.                 Tumblers, 1005o)
Purification, 719, a.          Sling, 553, b.                  Twelve Tables, 688, a.
Purses, 732, b.                Slingers, 553, b.               Twins, the, 150, b.
Pyrrhic dance, 1005, a.        Snake, the, 149, a.
Pythian games, 976, b.         Sowing, 51, a.
Spade, 848, b.                             U. V.
Span, 751, b; 1053, b.
Q.                Spartan constitution, 570, a.    Vase-painting, 906, b.
Spear, 587, a.                 Veil, 1186, a.
Quiver, 894, b.                Speusinians, 391, b.            Vinegar, 1205, b.
Spindle, 565, a.               Virgin, the, 150, b.
Sponge, 905. a.                Umpire, 391, b.
R.               Standards, military, 1044, 1b.   Voting (Greek), 217, a; 971, a.
Stars, fixed, 154, ).,,  (Roman), 336; a; 1076
Races, 287, a.                 Statuary, 1058, a.                b.
Rake, 984, b.                  Step, 577, a.                   Usurers, 525, a.
Ram, the, 149, b.              Stern, 787, a.
Raven, the, 153, b.            Stoves, 432, b.
Razor, 197, b.                 Sun-dial, 615, a.                            WV.
Reaping, 52, b.                Surgery, 272, a.
Rings, 95, a.                  Swan, the, 149, a.              Wacggon, 923, a.
Road, 1191, b.                 Sword, 577, a.,,  the, 147, b.
Rope-dancers, 553, a.                                          Waggoner, the, 148, a.
Ropes, 996, a.                                                 Wain, Charles's, 147, a.
Rounds, 250, b.                              T.                Wall, 431, b; 968, a.
Rudder, 788, h.                                                Waterman, the, 151, b.
Tables, 749, b.                Watersnake, the, 153, h.
T'alent, 931, b; 932; 933;   Waterstream, the, 151, Ib.
S.                  935, a.                      Weaving, 1099, a.
Tapestry, 1097, a.             Weeding, 52, a.
Sacrifices, 998, b.            Tassel, 537, a.                 Whale, the, 152, a.
Saddles, 464, a.               Taxes(Greek),448, b; 1103, a. Wheel, 378, a; 532, b; 1180: b
Sails, 790, a.,,  (Roman),1156, b; 1184, Whip, 539, b.
Salary, 1002, b.                 a.                            Wills, 1113, a.
Salt, 1003, b.                 Temple, 1104, a.                Window, 426, a; 432, a.
Salt-cellar, 1004, i).         Testament, 111.3, a.            Wine, 1201, a.
Salt-worlks, 1003, b.          Theatre, 1120, b.               Winnowing, 53, a.
Sandal, 200, b; 1051, b.       Theft, 300, a; 562, a.          Witnesses (Greek), 732, b.
Saw, 1029, a.                  Thessaliainconstituiton,1093,a.,,   (Roman), 659, b.
Scales, 706, a.                Thrashing, 53, a.               Wolf, the, 15.3, b.
Scorpion, the, 151, a.         Threshold, 624, b.              Wrestling, 713, b.
Screw, 300, b.                 Throne, 1129, a.
Scythe, 518, a.                Thrum, 537, a.                               Y.
Senate (Greek), 209 b; 572, a. Tiles, roofing, 1098, a.,,  (Roman), 1016, a.        Tomlbs, 556, a; 557, b; 561.  Yards of a sail, 789, h.
Sentinels, 250, a. -           Tooth-powder, 394, a.           Year (Greek), 222, a.
Serpent-holder, tie. 149, i.   Torch, 524, a.,,  (Roman), 226, a.
Shawvl, 884, b.                Torture, 11 39.,,  division of, 163,; b.
Shears, 545, a.                Tower, 1174, b.                 Yoke. 652, a.




CLASSIFIED INDEX.
Under eachl head the naimes of tfe articles are given in whichl the subject is eilFaine.do
AGRtICULTURF...                 Arcthitecture -- continued.       Armour, &c - continut,.
Agricultura.                    Astragal us.                      Gladius.
Hortus.                         Atlantes.                        H-labenae, 2, 3.
Olea, oliva.                    Atticurges.                       Itasta.
Oscillum.                       Balteus.,,    Lancea.
Scamnum.                        Camara, 1.,,    Pillurn.
Sitos.                          Canalis.,,    Verutum.
Villa rustica.                   Canterii.,,    GaCesum.
Vinum.                           Chalcidicum.,,    Sparus.
AG RICUITURAL IMPLEMENTS',          Cochlis.,    Jaculu m.
Aratrum.                         Columbaria, S.%,,    Spicu lum.
Crates.                          Columen.,,    Sarissae.
Irpex.                           Columna.,,    Framea.
Jugum,'3. 7.                    Coronis.,9    Falarica.
Pala.                            Cortina, 4.,,    Matara.
Pecten.                          Crypta, 1.                              Tragula.
Pedum.                           Cyma.                            Lorica.
Plaustrum.                       Entasis.                         Ocrea.
Prelum.                         Epistylium.                     Palnma.
Rastrum!.                        Fascia.                          Pelta.
Rutrum.                         Fastigium.                        Pharetra.
Sarculum.                       Harpaginetuli.                    Pugio.
Sarracum.                       Helix, 1.                         Sagitta.
Stilus, 3.                      Janua.                            Scutumn.
Tintinnabulum.                  Jugum, 1,                         Securis.
Toreulum.                       Later.                            Sica.
Tribula.                        3Iaenianum.                      Venabulum.
Tympanum.                         nletopa.                   ASSEIMBLIES AND COUNCILS.
Vannus.                          Mlodulus.                       Agora.
Vehes                           PeristvIiumo                     Amphictyones..AMSEMENTS AN)D PIAyT.iNSs.          P'lintlhs.                       Areiopagus.
Abacus, 5.                      Podium.                          Boule.
Aenigma.                        Porticus.                        Cornitia calata.
Alea.                           Spira.,,   curiata.
Ascoliasmus.                     restudo, 3,,,   centuriata.
Buxum.                          Tholuts.,,   tributa.
Calculi.                        Tympanum.                        Conelilium.
Cottabos.                       Zophorus.                        Concio.
Follis.                     ARITHMiEMTIC.                        Conventus
Fritillus.                      Abacus, 4.                       Curia.
Latrunculi.                     Calculi.                         Ecclesia.
Par impar ludere.           ARTMOUR AND WrEAPONS,,               Ecleti.
Talus.                          Acinaces.                        Gerousia.
Tessera.                        Aegis.                           Mivrii.
Trochus.                        A rcus.                          )'anegyri:.
A R CIF ITECT U RE.                  Arma.                            Panionia.
Abacus, 1, 2. 7, 5,              Armatura.                       Senatus.
Acroterium.                     Capul us.                        Synedri.
/A nalemma.                     Cateia.                     ASTRONOMY'.
A ntae.                         Cetra.                           Astrologia.
Antefixa.                       Clipeus.                         Astronomia.
Antepagmenta.                   Dolo.                              Northern  consteclas
Apsis.                           Funda.                               tions.
Architectunm.                   Galea.                             Zodiacal signs.
Arcus.                          Gerrba,                            Southern constellations




iNDEX.                                         12g5
Astronomvy — coztinue,.        Classes of Citizens, &c. —cot.  Dress, &c. -  continued.
Planetae.                       Patrimi et Matrimi.              3axa.
Polus.                          Pecuarii.                      3Birrus.
CAMPS AND FORTS.                    Perioeci.                        Braccae.
Acropolis.                      Plebes.                         Bulla.
Agger.                          Quadruplatores.                 Calamistrum.
Arx.                            Salutatores.                    Calceus.
Carrago.                   COLONIES AND 3'iOTErR  COUN'-        Caliendrum.
Castra.                                 TtY.                    Campagus.
stativa.                 Apoikia.                        Campestre.
Pagi.                           Cleruchiae.                     Candys.
Praetorium.                     Colonia.                        Capitium.
Turris, 1.                     3Metropolis.                     Caracalla.
Vallum.                    CRIMES.                              Catena.
CHARITIES AND DONarTION.            Abortio.                         Causia.
A dunati.                       Adulterium.                     Cestus, 2.
Alimentarii.                    Ambitus.                        Chlamys.
Congiaria,                     Calumnia.                        Clavus latus.
Dianomae.                      Falsum.,,  anlgustus,
Donaria.                        Furtum.                         Coma.
Frumentariae Leges.             Incendium.                      Cothurnus.
Strena.                         Injuria.                        Crepida.'CVIL PUNISHMENTS.                  Latrociniumn.                    Crocota.
Area, 4.                        Leges Corneliae et Juliae.      Cucullus.
Barathron, or Orurgua.          Leno, Lenociniusm.              Cudo.
Career.                         Majestas.                       Cyclas.
Ceadas.                         Parricidium.                    Daetyliotheea.
Crux.                           Perjuriumr.                     Dentrificium.
Equuleus.                       Phonos.                         Diadema.
ErgasttluInu.                   Plagium.                        Diphthera.
Fidicula.                       Rapina.                         Embas.
Flagrumi.                       Sacrilegium.                    Emblemra.
Furca, patibulumn.             Sodalitium.                     Endromis.
Habenae, 5.                     Stuprum.,Exomis.
Laqueus.                        Talio.                          Fascia.
Latumiae.                       Veneficium.                     Feminalia.
Sestertium.                     Vis.                            Fibula.
CLASSES OF CITIZENS AND         DIVISION OF LAND.                    Fimbriae.
OTHIERS.                  Ager privatus.                  Flabellum.
Adlecti, 1.,, publicus.                  Focale.
Aerarii.,, sanctus.                    Fucus.
Agela.                          Cippus, 2.                      Galerus.
Alimentarii.                    Pyrgos.                         Habenae, 4.
Aretalogi.                      Temenos.                        Inauris.
Camilli.                   DRAMA, DRAM^ATIC ENTElR-             Inciunabul.L
Can eph oros.                      TAIN' ENTS.                 Infula.
Dediticii.                      Comoedia.                       Instita.
Delator.                        Exodia.                         Lacerna.
Demopoietos.                    Exostra.                        Laciniae.
Demos.                          Hyporcheme.                     Laena.
Eiren.                         BMirnus.                         Lemniscus,
Emphruri.                       Pantomimus.                     Limbus.
Epeunactae.                     Periactos.                      Lope.
Ephebus.                        Persona, 1. Tragic.,             lanica.
Equites.,,   2. Comic.               Mantele.
Eupatridae.                     Siparium.'MIarsupiumW
Geomori.                        Theatrum.                       Mitra.
Hectemorii.                     Tratgoedia.                     Monile.
Hetaerae.                       Velum.                          Mustax.
Hippobotae.                DRESS, ORNAM lENTS, TrHE             Nebris.
Flomoei.                             TOILET.                    Nodus.
Libertus.                       Abolla.                         Nudtls.
Locupletes.                     Alicula.                        Orariunm.
Metoeei.                        Amictorium.                     Paenula.
Naucrarla.                      Amnictus.                       Paiiulm.
Nobiles.                        Ampyx.                          Paragaudl..
Orcto.                          Annulus.                        Pecten.
Parasiti.                       Apex.                           Pellis.
Partheniae.                     A rmlla.                        Peplure.
Patricii..Baorba.                        lPe ra.




1286                                       INDE3X.
Dress, &c. - continued.         Epochs, &c. - continued.         Festivals, &c.- continted.
Periscelis.                     Fasti.                           Callisteia.
Pero.,,  sacri, or kalendares.      Carmentalia.
Phalera.,, annales, or historici.     Carneia.
Pileus.                          Feriae.                         Carya.
Red i micul um.                 Hora.                            Cerealia.
Reticulum.                      Ilorologium.                     Chalceia.
Riciniunm.                      Lustrum.                         Chalcioikia.
SaCCus.                         Nundinae.                        Charistia.
Sandalium.                      Olympias.                        Chelidonia.
Serta.                          Saeculum.                        Chitonia.
Soccus.                     EXERCISES.                           Choeia.
Solea.                          Campidoctores.                   Chthonia.
Stola.                          Ceroma.                          Compitalia.
Stroplliurn.                    Cestus.                          Consualia.
Subligaculum, succincto-        Cheironomia.                     Cotyttia.
rium.                         l)esultor.                       Daedala.
Synthesis.                      I)iscus.                         Daphnephoria.
Tiara.                           Gymnasium.                      Dcennalia.
Toga.                           Halteres.                        Delia.
Torques.                         Harpasturn.                      D)elphinia.
Tunica.                         Hippodromus.                     Demetria.
Trltulus.                       Lucta, luctatio.                  Diasia.
Udo.                            P'alaestra.                       Dictynnia.
Velumn.                          Palus.                           Diipoleia.
Vitta, 1.                        Pancratiuml.                     Diocleia.
Umnbraculun.                   - Pentathlon.                      Dionysia.
Unguenta.                        Petauruin.                       Dioscuria.
Zona.                            Pila.                            Elaphebolia.
ENGINEERING.                         Pugilatus.                       Eleusinia.
Aquaeductus.                     Saltatio.                        Eleutheria.
Ckhorobates.                 F.STIVALS, GA1.ES, AN D SHOWS.   Ellotia.
Cloaca.                         Actia.                           Ephesia.
Crypta, 2.                      Adonia.                          Equiria.
Elmissarium.                     A eaceia.                        Erotia.
Fistula.                         Aeginetarum feriae.             Floralia.
Fonls.                           Aeora.                           Fornacalia.
Herones.                         Agonalia.                        Gymnopaedia.
Librator aquae.                  Agones.                          Heraea.
MUrutlS, moeClia.                Agraulia.                        Hermaea.
Navalia.                         Agrionia.                        H estiasis.
Pharos.                          Agroteras thusia.                Hilaria.
Piscina.                         Alaea.                           Hyacinthia
Polls.                           Alcathoea.                       Inoa.
Porta.                           Aloa or haloa.                   Isthmia.
Syrinx.                          Amarynthia.                     Juvenalia.
ENGRAVING AND CHIASI.S.              Ambrosia.                        Lampadephoria.
Caelatura.                      Amphiaraia.                      Laphria.
ENTERTAINMENTS, FOO)D.               Aniphidromnia.,Larentalia.
Apophoreta.                     Anagogia.                        I,ectisternium.
Calida.                         Anakeia.                         Lemuralia.
Cerevisia.                      Anaxagoreia.                     Leonideia.
Coena.                          Aldrogeonia.                     Lernaea.
Coinmissatio.                   Anthesphoria.                    Ludi.
Erani.                          Antinoeia.                          [ ti the text an alphabeti
Opsonium.                       Apaturia.                             cal list of the principal
Paropsis.                       Aphrodisia.                           ludi is given.]
Posca.                           Apollonia.                      Lupercalia.
Sportula.                       Ariadneia.                       Lycaea.
Symposium.                      Armilustriillm.                  M atralia.
Syssitia.                       Arrhephori a.                    Matronalia.
Vinum.                          Artemisia..Meditrinalia.
EpOCHS  AND  D1VISIONS  oLr          Asclepieia.                      Megalensia.
TIME.                       Augustales.                     Menelaeia.
Calendarium, 1. Greek.          Benidideia.                      Metageitnia,,,     2. Romnan.        Boedroinia.                      Munychia.
Chronologia.                    Boreasmus..                      lMuseia.
Clavus annailis.               Brasideia.                       M ysia.:Dies.                          Brauronia.                       Mvsteria., fist.i et nefasti.          Cabeiria.                        Nemea.




INDEX..1287
Festivals, &c.- cotzmlued.      Furniture - continued.          Greek Law - continled..
Neptunalia.                     Thronus.                        Endeixis, ephegesis.
Novendiale.                     Torus.                          Enechyra.
Olympia.                        Trielinium.                     Engye.
Opalia.                         Tripos, I.                      Enoikiou dike.
Oschophoria.               GEE1.K LA\.                         4EPangelia.
Palilia.                        Adeia.                          Epitbole.
Pamboeotia.                     Adoptio, 1.                     Epiclerus.
Panathenaea.                    Adulteriumn, 1.                 Epitropus.
Pandia.                         Agraphiou g,aphe.               Epobelia.
Panellenia.                     Agraphou  metallou              Euthyne.
Plynteria.                        graphe.                       Exagoges dike.
Poplifugia.                     Aikias dike:'                   Exaireseos dike.
Portumnalia.                    Alogiou graphe.                 Exomosia.
Poseidonia.                     Amphiorkia, or ampho.           Exsiliun, 1.
Prometheia.                       mosia.                        Fenus, 1.
Protrygaea.                     Anagoges dike.                  Gnamelia.
Pyanepsia.                      Anakrisis.                      Graphe.
P'ythia..                      Anaumacliou graphe              Harpages graphe.
Quinquatrus.                    Androlepsia.                    Heirgmnou graphe.
Quinquennalia.                  Antidosis.                      H-eres, 1.
Quirinalia.                     Antigraphle.                    Hetaireseos graple.
Regifugium.                     Aphorsmes dike.                 Hierolmenia.
Robigalia.                      Apographe.                      Hierosylias graphe.
Saturnalia.                     Apokerixis.                     Hori.
Septimontiutn.                  Apophasis.                      Hybreos graphe.
Sthenia.                        Aporrheta.                      — ypoboles graphe.
Synoikia.                       Apostasiou dike.                Jusjurandum, 1.
Terminalia.                     Appellatio.                     Ieiponautiou graphe.
Thalysia.                       Aprostasiou dike.               Prodosia.
Thargelia.                      Argias graphe.                  Proeisphoras dike.
Theophania.                     Arguriou dike.                  Prostates tou delnou.
Theseia.                        Asebeias graphe.                Prothesmtia.
Thesmophoria.                   Astrateias graphe.              Psephus.
Tithenidia.                     Ateleia.                        Pseudengraplhes graphie.
Vinalia.                        Atimia.                         Pseudocieteias graphe.
Vulcanalia.                     Automolias graphe.              Rhetorice graphe.
ForMs OF GOVERNE'MENTI.             Axones.                          Rhetrae..
Aristocratia.                   Bebaioseos dike.                Scyria dike.
Democratia.                     Biaiou dike.                    Seisachthei-a
Monarchia.                      Blabes dike.                    Sitou dike.
Ochlocratia..                   Bouleuseos dike.                Sycophantes.
Oligarclhia.                    Cakegorias dike.                Sylae.
F1lNERALS.                         Cakosis.                         Symbolaeon.
Arca, 3.                        Cakotechnicou  dike.            Symbolon, dikae apo,.
Cenotaphium.                    Carpou dike.                    Syndicus.
Cippus, 1.                      Cataluseos toit demonu           ynegor-us.
Columbarium, 1.                   graphe.                       Syngraphe.
Crypta, 3.                      Catascopes grapthle.            Timemia.
Funus, 1. Greek.                Chreous dike.                   Tormentum, 1.
2,,. Roman.               Civitas, politeia.              Traumatos ek pru;noias
Mausoleum.                      Cleteres.                         graphe.
Urna.                           Clopes dike.                    Xenias graphe.
Fl.RNITUREt..                       Concubina.                  i ORSE FURNITURE.
Abacus, 6.                      Curios.                         Calcar.
Accubita.                       Decasmus.                       Ephippiurm.
Area, 1.                        l)iadicasia.                    Frenu tn..
Armarium.                       L)iaetetae.                     Hajbenae, 1.
Balnea.                         D)iapsephisis.                  Hippoperae.
Cathedra.                       1)icasterion.              I NCOME, PUBICe AN l' PIlVAsra
Conopeum.                       Dicastes.                       Aes u xorium.
Cortina, 3.                     Dike.                           Apophlora.
Incitega.                       Divortium..             Area, 2.
Lectus.                         Dokimasia.                      Aurum lusttale.
JMensa.                         Dos, 1.                         Census.
Pluteus, 3, 4.                  Ecmartyria.                     Centesima.
Pulvinar.                       Eisangelia.                     Columnarimii.
Scamnum.                        Emnbateia.                      D)ecu mae.,
Sella, 1, 2, 4.                TE'rmmcni diikae.                l)cmioprata.
Speculuin..lEnctesis.                    Sicoste.
4s 4




1268                                         INDEX.
Income, &c. -contineed.           Machlines. &e. -  continued.    IMANUlFACTUlRES AND MATERIa
Eisphora.                         rintinnabuluin.                           ALS.
Epidoseis.                        Torculum.                         Byssus.
Fiscus.                          Trutina.                           Cilicium.
Ostiarium.                   MAGISTRATES AND RuLFrs.                Coa vestis.
Pentecoste.                       Acta, 1. 5.                       Elephas.
Plhoros.                          Adlecti.                          Fictile.
Portorium.                        Aeinautae.                        Gausapa.
Quadragesima                      Aesytnnetes.                      Lodix, lodicula.
Quinquagesina.                    A ltbarches.                      Salinae.
Salarium.                         Amnphlietyones.                   Sericum.
Salinae.                          A rchon.                          Serta.
Scriptura.                        Areiopagus.                       Tapes, tapete.
Stationes fisci.                  Bidiaei.                          Vitrunm.
Stipendia-ii.                     Boetarches.                  MANNEIS AND) CusT'oM.9s.
Telones.                          Boule.                            Acclamatio.
Telos.                            Censor.                           Acta.
Theorica.                         Centumviri.                       Amnestia.
Tributum.                         Colacretae.                       Anakleteria.
Vectigalia.                       Consul.                           Angaria.
Vicesima.                         Consularis.                       Cheirotonia.
INSIGNIA AND ATTRIHBUTES               Cosmi.                            Chelidonia.
Caduceus.                         Decadiuchi.                       Chirographum.
Cantabrum.                        Decarchia.                        Corona convivia lis.
Fasces.                           Decemviri leribus scriben-,,   nuptialis.
insignia.                                       is..natalitia.
Sceptruin.,,    litibus judican-         l, Ionga.
Talaria.                                       dis.,,   Etrusea.'Ihyrsus.,,    sacris ficiundis.,,   pactilis.
Virga.                                       agris  dividu11-'    tollsilis.
LEAGUES.                                            dlis..,   papinea.
Achaicum  VFoecdt.s.              Demarchi.                         Crvpteia.
Aetolicurn Foedus.                I)emiurgi.                        Diploma.
Socii.                            Dictator.                         Hospitium.
LITER aTURE.                           Duumviri.                        H- ydriaphoria.
Commentarius.                     Eisagogeis.                       Immunitas.
Fescennina.                       Ephetae.                          Jusjurandurn, I. Greek.
Logographli.                      Ephori.,,        2. lolmnai,
Paean.                            Epirneletae.                      Leiturgia.
Satura.                           Eponyrnus.                        Matrimonium, 1. Greek.
IlACHsIN S AND CONTRIVANCF:S.          Gerousia.,,        2. lRoman
Antlia.                           Gynaeconomi.                      Nomen.
Cardo.                            Harmostae.                        Nu d us.
Catena.                           Hendeka, hoi.                     Proscriptio.
Clitellae.                        H ieroinnemores.                  Prvtaneiunm.
Cochlea.                          Illustres.                        Suffragiutm.
Columbarium, 2.                   Interrex.                         Synoikia.
Ephippium.                        Magistratus.                      Syssitia.
Exostra.                          Mledix tuticus.'Tabella.
Ferculum.                         Nomophylaces.                     Tribus, 1. Greek.
Fistula.                          Paedonomus.,,   2. Roman.
Follis.                           Patronomi.                        Trierarchia.
Forma.                            Perduellionis duumviiti.          Venatio.
Fornax.                          Pllylarch i.                       Viaticuim.
Hel ix, 2.                       Phylobasileis.                     Xenelasia.
Jugum, 2.                         Polemnarchus.                MAIsIT1aIR   AFFAIRS.
Lilira, Libella.                 Poletae.                           Camara, 2.
Machinae.                        Poristae.                         Carchesium, 2.
Mola, 1. lind mill.              Praetor.                          Cataphracti, 2.,,  2. cattle mill.            Probouli.                         Corbitae.,,  S. water Inill.        Proconsul.                        Cymba.,,  4. floating mill.          Rex, 1. Greek.                    Delphis.,,  5. saw mill2.,,                     Roma.                    Dolo, 2.,6. pepper mill.              Senatus.                          Epibatae.
lortariurn, pila.'retrarches.                       Epistoleus.
Pegma.                           Tribuni plebis.                    Harpagro.
Phialangae.                      Tribunus.                         Hyperetes.
Retis, Itete.'riumviri.                        Insignia,.5.
Scalae.                          Tyrannu;.                         Jugum, 6,
I'ela,                            Vigintisex viri.                  Lemnbu.s




INDEX                                         1289
Maritilne Affailrs-  conlinued.  Measures, &c.- continued.     Military Pay, &. — contilued:.
Navarchus.                     Sextarius.                      Stipenaium.   I
Navis.                         Spithame.                  MJILITARY  PUNaSHsRN'rs
Naumachia.                     Stadium, 2.                    IDecimatio.
Paralus.                       Ulna.                           Deilias graphe.
Phaselus.                      Uncia.                          Desertor.
Portiscultis.                  Urna.                           Fustuarium.
Praefectus classis.            Xestes.                    MItrARY REWAR)DS.
Remulcuin-.               MEDICINE.                            A urum coronarium.
Rudens.                        Archiater.                      Corona obsidionalis.
MAIRKETS.                           Chirurgia.                        c, civica.
Agora.                         Diaetetica.,,  navalis.
Deigma.                        Iatralipta.,,  muralis.
Emporium.                      Iatrosop)hista.,,  castrensis, vallaris.
Forum.                         Medicina.,,  ovalis.
Macellum.                      Medicus.,,  oleagina.
MATHEMATICAL Gl:otRA Pt1Y.   METALS.                               Hiasta pura.
Clima.                         Aes.                            Ovatio.
MEASURES AND  rE LCHTS.             Araenturn.                     Praeda.
Acaena.                        Aurum.                          Spolia.
Acetabulunr.                   Electrum.                       Triumphus.
Achane.                        Metalluln.                      Tropaeum.
Acna, or Acnua.                Orichalcum.                MONEY.
Actuls.                   MILITARY COSTUII.                  Aes.
Addix.            -            Abolla.,, circumforanelln.
Amma.                          Alicula.,, manuarium.
Amphora.                       Balteus.                        Argentum
Artaba.                        Bulla.                          As.
Arura.                         Caliga.                         Assarius nummus
As.                            Paludamentuim.                  Aurum.
Cheme.                         Sagum.                          Chalcus.
Choenix.                   MILIT.ARY ENGINEs:.                 Cistophorus.
Chous.                         Aries.                          Damaretion.
Concha.                        Catapulta.                      Danace.
Congius.                       Cataracta.                      Daricus.
Cotvla.                        Corvus.                         Denarius.
Culitus.                       Covinus.                        Drachma,
Cubus.                         (,rates.                        Hecte, 2,.
Culeus.                        Cuniculus.                      Libella.
Cyathus.                       Ericius.                        Litra.
Dactylus.                      JHelepolis.                     Numrnnus.
Decempeda.                     Lupus ferreus.                  Obolus.
Gradus.                        Pluteus, 2.                     Sestertius.
Hecte, 1.                      Scalae.                         Sextula.
Hemina.                        Stylus, 2.                      Stater.
Hippicon.                      Testudo, 3..                    Uncia.
Jugerum.                       Tormentum.                 Music AN.D MUSICAL I'STliLitra, as.                     Tribulus.                             INENTS.
Ligula.                        Turris, 2.                      Acroama.
Litra.                         Vinea.                          Aeneatores.
Maris.                     MlIlLITARY ENSIGNS.                 Buccina.
MIedimnus.                     Signa Militarisa.               Canticum.
Mensura.                   MILITARY LEVIES.                    Capistruil.
M'etretes.                     Catalogus.                      Chorus.
i I I i:are.                   Conquisitores.                  Cornu.
Modius.                        Emphruri.                       Crotalutn.
Mystrulm.                      Epariti.                        Cymibalunm.
Obholus.                       Tumultlis.                      Hydraula.
Orgyia.                    MILITARY MAN oEUVRE.S.              Jugum, 4.
Pahnipes.                      Cuneus.                         Lituus, 2.
Palmus.                        Forfex.                         Lyra.
Parasanlga.                    Testudo.                        Musica, 1. Greek.
Passus.                   }MILITAILY  PAY  AND ALLOW-,,  2. Roman.
Pertica.                              ANCES.                   Pecten..
Pes.                           A eta.                          Saml)uca.
Plethron.                      Aes equestre.                   Sistrum.
Pondiera.,, hordearium.                 Syrinx.
Quadrantral.,, militare.                   Testudo, 1.
Schoenus.                      Praeda.                         Tibia.
Scrupulumn.                    Spoliurn.                       Tuba.




1.290                                      1NI)EX:
Music, &c. - continued.         Painting -  continued.           Private Buildings -  cosdntuer4
Tympanurn.                        Purple: purpurissum.           I)omus coenacult.
OFFIrcEr  AND SOLDIERS.,,   ostrum.,,   diaeta.
Accensi, 2.,,   hysginum.,,  solaria.
Aeneatores.,,   rubiae radix.          Exedrae.
Agathoergi.                       Red:   cinnabaris.             Focus.
Ala.,,,,  Indica.        Fornax.
Alauda.,,   minium.                Fornix.
Antecessores.,,   rubrica.                Hlemicyclium.
Argyraspides.,,   cicerculum.            Janua.
Campidoctores.,,   cerussa usta.           insignia, 4.
Catalogus.,,   sandaracha.             Lararirum.
Cataphracti.                     White: melinum.                 Later.
Celeres.,,   paraetonium.            Paries cratitius.
Conquisitores.,,   creta anularia.,,  formaceus.
Contubernales.,,   cerussa.,,  lateriti us.
Damosia.                         Yellow: sil.,,  reticulata strucDimachae.,,   auripignmentum.                  tura.
Ducenarii.                      Pictura.,,  structura antiqua.
Duplarii.                  PtESTSI AND PRIESTLY OFFICES.,,   emplecton.
Epariti.                        Aeditui.,,  e lapide quadrato.
Evocati.                        Agyrtae.                         Pergula.
Excubitores.                    Arvales fratres.                 l'inacotheca.
Exercitus, 1. Greek.            Asiarchae.                       l'luteus, 1.,, lola. RAugur, auspex.                     ~       Puteal.
Libratores.                     Augustales.                      Scalae.
Mensores, 2, 3, 5.              Corybantes.                      Synoikia.
Mercenarii.                     Curio.                           Taberla.
Phylarchi.                      Epulones.                        Tegula.
Praefectus castrorum.           Eumolpidae.                      Tricliniuln.,,    praetorio.            Exegetae.                        Villa.
Praetor.                        Fetiales.                P. PULIC BUILDINGS.
Praetoriani.                    Flamen.                          Aerarium.
Rtufuli.                        Galli.                           Amphitheatrum.
Strategus.                      Haruspices.                      Archeion.
Tagus.                          Hiereis toll soteronll.          Arcus triumphalis.
Taxiarchi.                      Luperci.                         Argyrocopeiol.
Tiro.                            Neocori.                        Athenaeum.
Velati.                          Pastophori.                     Auditorium.
Volones.                         Pausarii.                       Balneae.
Xenagi.                         Pontifex.                        Basilica, chalcidiculm
OItACLES AND DIVINATION.             Rex sacrificulus.                Bibliotheca.
Augurium, auspiciumn.           Sacerdos.                        Carcer, 2.
Caput extorllns.                Salii.                           Chalcidicum.
Oraculum, 1. of Apollo.        rTheori.                          Circus.,,    2. of Zeus.          Titii sodales.                   Cochlea, 3.,,    3. of other          Vestales.                        Curia.
gods.       PRIVATE'  BUILDINGS.                 Forum.,    4. of heroes.         Aithousa.                        Graecostasis.,,    5. of the dead.      Apotheca.                        Hippodromus.
6. Italian.          Armarium.                        Horreum.
Sibvllini Libri.                 Atrium.                         Labyrinth-is.
Sortes.                         Bibliotheca.                     Lautumiae.
PAINTINO.                            Caupona.                        Lesehe.
Colores.                        Celia.                           Moneta.
Black: atramentum.          -  Cubiculum.                      Museum.,,   elephantinum.          Domus, 1. Greek.                Obeiiscus.,,   tryginum.,,  2. Roman.               Odeum.
Blue:  caeruleum..,      vestibulusm.         Paradisus.,,   lomentum,,     ostium.              Porticus.,,  tritum.,,     atrium.              Prytaneion.,    Armenium.,,     alae.                Rostra.,,    ndicum..,    tablinun.:         Stadium.
Brown: ochra usta.,,    fauces.                Suggestus.
Green: chrysocolla.,,      perystylum.          Tabularium..,   aerugo.,,      ubicul.             Thesaurus.,,   scolecia.,,    triclinia.            Tribunal.,,   Theodotion.,,     oeci.            PUIBLIC OFFICEilS.
Appianum.,,     exedrae.             Accensi, 1.,,   ceta iridis.,,      culina.              Actuar;i.




INDEX.                                           1291
lublic Officers-  continued.    Public Officers - continued.    Roman Law - continued.
Adlecti, 2.                     Stratores.                       Colonia, 2.
Adlector.                       Syllogeis.                       Commissoria lex
Admissionales.                  Tabellio.                        Commissum.
Aediles.                        Tabularii.                       Commodatum.
Agathoergi.                     Tamias.                          Communi dividundo actio.
Agonothetae.                    Teichopoeus.                     Compensatio.
Agoranomi.                      Tettaraconta, hoi.               Concubina.
Agrimensores.                   Theori.                          Confessoria actio.
Agronomni.                      Trierarchia.                      Confusio.
Apodectae.                       Triumviri.                      Constitutiones.
Apostoleis.                      Viatores.                       Corpus juris civilis.
Apparitores.                    Zetetae.,           Crimen, delictum.
Asiarchae.                 RItoAs AND STREETS.                   Culpa, dolus malus.
Astynomi.                       Angiportus.                      Curator.
Boonae.                         Callis.                          Damlum.
Cancellarius.                   Mansio.,,   infectum.
Carnifex.                       Viae.                                     injuria datum.
Choregus.                       VicLus.                          Decretum.
Coactor.                    ROMAN LAW.                           lDediticii.
Comes.                          Acceptilatio.                    Dejecti effusive actio.
Commentariensis.                Accessio.                        Depositum.
Critae.                         Acta, 2.                         Divortium, 2.
Curatores.                       Actio.                          Domicilium.
[An alphabetical list of      Actor.                           Dominium.
curatores is given.]       Adoptio, 2.                      Dominus.
Diaetetae.                      Adulterium, 2.                   Donatio mortis causa.
Diribitores.                    Advocatus.,,   propter nuptias.
Ducenarii, 1, 2.                Aediles.,,   inter virum   et
Eecdicus.                       Affinitas.                                   uxorem.
Episcopi.                       Agrariae leges.                 3Dos, 2.
Epistates.                      Album.                           Edictum.
Euthyni.                        Alluvio.,,    Theodorici.
Exetastae.                      Ambitus.                         E mancipatio.
Irumentalii.                    Appellatio.                      Emphyteusis.
Grammateus.                     Aquae  pluviae  arcendae         Emptio et venditio.
Hieropoii.                        actio.                         Evictio.
Hodopoei.                       Arra, Arrha.                     Exercitoria actio.
Hlylori.                        Arrabo, Arrhabo.                 Exhibendum, actio ad.
Hyperetes.                      Assertor.                        Exsilium, 2.
Legatus.                        Assessor.                        Falsum.
Leiturgia.                      A uctio.                         Familia.
Lictor.                          Auctor, Auctoritas.              Familiae erciscundae actio.
Margister.                       Basilica.                       Fenus, 2.
[An  lphallbetical list of    Beneficium.                      Fictio.
mnagistri is given.]       IBona.                           Fidei commissium.
Manceps.,, caduca.                     Fiducia.
XInastigopho ri.,,  fides.                      Finium regundorum actio
Mensarii.,, rapta.                      Fiscus.
Bletronomi.,, vacantia.                    Foederatae civitates.
Notarii                         Bonorum cessio.                  Frumentariae leges.
Opinatores.,,   collatio.              Fundus.
Paredri.,,   emptio.                Fu rtum.
Parochi.,,   possessio.             Gens.
Practores.                      Breviariumn  Alaricianum.        Hmeres, 2.
Praecones.                      Calumnia.                        1-Ionores.
Praefectus Annonae.            C(aput.                           I rmperium.
Urbi.                      Caupo.                           Impubes.
Praepositus.                    Cautio, cavere.                  I ncendium.
l'rinmicerus.                   Centumviri.                     I1l cestt.im.'Probouli.                      Certi, incerti actio.            Infamia.
Procurator.                     Chirographumn.                   I nfalns.
Publicani.                      Civitas.                         Ingenui.
I'vthii.                        Cliens.                          Injuria.
Quaestores classici.            Codex Gregorianus.               Institoria actio.,,    parricidii.,,  Hermogen ianus.           Institutiones.
Quinnqueviri.,,  Justinianeus.              intercessio.
Scribae.,,   Theodosianus.            Interdictum.
Sitophylaces.                   Cognati.                         I ntestabil i.
Statotr.                        Collegiumn.                      Judex.




1292                                       iNDEX.
Roman Law -- continued,         Roman Law -  continued.          Slaves, &c. — 7ontintcd.
Judex Pedaneus.                  Quorurn bonorum  inter-         Anteambulones.
Judicati actio.                    dictum.                       Aquarii.
Jure, cessio in.                Recepta, de recepto actio.      Bruttiani.
Jurgium.                         Redhibitoria actio.             Calones.
Juridici.                        Repetunidae pecuniae.           Capsarii.
Jurisconsulti.                   Restitutio in integrum.         Coloni.
Jurisdictio.                     Rutiliana actio.                Cosmetae.
Jus.,       Sectio.                         Cubicularii.,, Aelianum.                   Senatus consultumr.              Cursores.,, Civile Flavianumn.            [An  alphabetical list of.Demosii,  Civile Papirianum.             senatus con-sulta isgiven.]   Fartor.
Jusjurandum, 2.                  Servitutes.                      Gymnesii.
Jussu quod, actio.               Societas.                       Helotes.
Latinitas.                      Successio.                       leroduli,
Legatum.                        Sumtuariae leges.                Librarii.
Lex.                            Superficies.                     Mediastini.
[ Under this head ani al-     Tabellariae leges.               Notarii.
phabetical list of thle     Talio.                           Paedagogus.
principal lawsis yiven..    Testamentum.                     Pedisequi.
Libelli accusatorumn.           Tormenturn, 2.                   Penestae.,, famosi.                   Tutor.                           Servus, 1. Greek.
Liber, Libertas.                Vindicatio.,,  2. Ronau.
Libertus, 2.                    Vindicta.                        Tabellarius.
Litis contestatio.              Vis.                             Thetes.
Locatio, conductio.             Universitas.                     Villicus.
Magistratus.                    Usucapio.                    STrATUARY.
ilajestas.                      Usurpatio.                       Acrolithi.
Mancipii causa.                  Usufructus.                     Calabus.
Mancipium.                  SACRIFICES A\N) ItIELGIOUS           Caryatide.
Mandatum.                            RITES.                      Colossus.
Manumissio.                     Acerra.                          Daedala.
Manus injectio.                  Amburbiurn.                     HIermae.
Mora.                            Anakleteria.                    Image.
Mutuum.                         Antigoneia.                      Persae.
Negotiatores.                    Apotheosis.                     Sculptura.
Negotiorum   gestorura          Ara.                             Statuaria ars.
actio.                        Arateia.                         Typus.
Nexum.                           Canephoros.                 SurRsrrITONs..
Novellae constitutiones.        Corona sacerdotalis.             Amuleturn.
Noxalis actio.,,  sutilis.                 Apophrades hemerai.
Obligationes.,,  radiata.                  Astrologia.
Occupatio.                      Cortina, 3.                      Fascinum.
Operis novi nuntiatio.          Diabateria.                      Oscillum.
Orationes principum.            Diamastigosis.                   Prodigium.
Orator.                         Eisiteria.                       Sortes.
Pandectae or Digesta.           Eleusinia.                  TEM1PLES AN]) Hot c PLACES.
Patria potestas.                Exauguratio.                     Aediculae.
Patronius.                      Exiteria, or Epexodia.           Argei.
Pauperies.                      Inauguratio                      Asylum.
Peculatus.                       Lituus, 1.                      Bidental.
Per condictionem.               Lustratio.                       Docana.
Per judicis postulationemln.    Lustrum.                         Propylaea.
Per pignoris capionems.         Proerosia.                       Sacellum.
Pignus.                         Sacra.                           Sacrarium.
Plagium.                        Sacrificium.                     Templum.
Plebiscitums.                   Sagmina.                         Velum.
Poena.                          Secespita.'l'rTLEs.
Possessio.                      Simpulum.                        Augustus.
Postliminium.                   Supplicatio.                     Caesar.
Praedium.                       Thensae.'oom.s AN I) 1iMPLE3xE.SS.
Praejudicium.                   Tripos, 3.                       Acus.
Praes.                          Turibulum..A mussis.
Praescriptio.                   Ver sacrum.                      A psis.
Praetor.                   SLAVES AND BoNDSMEN.                  Ascia
Procurator.                     Agaso.                           A silla.
Proscriptio.                    Alipilus.                        Circinus.
Provincia.                      Aliptae.                         Colus.
Publiciana in rem actio.        Amanuensis.                      Contus.
Quanti minoris actio.           anagnostae.                      Culter.




INDEX.                                            I293
TooltS, &c. — con;ti?ued.         VFITCIC.ES AND THEiRt PAR TS.    Utensils -  continterd.
Dolabra, l)olabella.              Antvx.                            Cortina, 1, 2.
FaIx.                             Arcera.                           Crater.
Fistuca.                         Basterna.                          Cupa.
Follis.                           Canathron.                        Cyathus.
Forceps.                          Capistrumn.                       Fax.
Forfex.                           Carpentum.                        Ferceulum.
Fluscina.                        Carruca                           Funale.
Fusus.                            Chiramaxiuit,                     Guttus.
I-larpago.                        Cisium.                           Lalx, Iancula.
Ineus.                            Covinus.                          Laterina,
Jugum, 5.                         Currus, bigae.                    Lecythus.,igo.,,  trigae.                    Lucerna.
Iima.,,   quadrigae.                Mazonomius.
Malleus, Malleolus.               Esseda.                          MIodiolus.
NTorma.                           Harmaxopodes, arbusculae. l. urrhina vasa.
R.tegula.                         Harmamaxa.                        Oenophorum.
Runcina.                         Jugum,  7.                         Olla, aula.
Securis.                         Lectica.                           Patera, Patella.
Serra.                           Petorriturn                       Patina.
TILADES AND OCCUPATIONS.               Pilentun.                         loeulum.
Ambu baiae,                       Rheda.                            Psycter.
Argentarii.                       Sella, 3..Pyxis.
Athletae.                    UTENSILS.                              R hyton.
Balatro.                          Acetabutll ur.                    Salinum.
Barber, tontsor.                  Aenum.                            Sartago.
1Bestiarii.                       Alabastrum.                       Situla, Sitella.
Bibliopola.                       Amphora.                          Taeda.
Calculator.                       Ampulla.                          Tripos, 2.
Caupo.                           Anaglypha.                         Trua, Trltlsa.
Fabri.                            Authepsa.                         Vas.
Fullo.                           Bascauda.                          Urceus.
Fulnambulus.                      Bicos.                       WRITING AND WRITING MaATE.Gladiatores.                      Caidus                                   R IALS.
Hemerodrormi.                     Calts..                           Adversaria.
Histrio, 1. Greek.                Caiix.                            Album.,,   2. Roman                 Candela.                          Atramentum.
Interpres.                        Candelabrum                       B uxum.
Leno.                             Cantharus.                        Calanius.
JLeptlrgi.                        Capsa.                            Codex.
Logographi, 2.                    Carchesium, 1.                   Libellus.
Mensores.                         Catinus.,,    mermoriail
Notarii.                          Chrysendita.                      Iiber.'Pelatae.                         Cista.                            Nota.
Pistor.                           Cochlear.                         Reguia.
PlrrTarii.                        Coluln.                           Scvtale.
Plededvntor.                      Cophinus.                        Styt., 1.
Sagarii.                          Corbis, (orbtul a, Cor'i.cula.   Tahulas,,ON.Do()N: PRZINT'ED BY
SPOTTISMV00DE AN'D) CO., X'NEWT-STRI;:ET SQt'kITR
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